The URL can be used to link to this page

2017-04-20 Regular MeetingPage CEW. Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, April 20, 2017, 6:30 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 Meeting Minutes Of January, 19, 2017 And Special Meeting Minutes Of January 19, 2017 And March 29, 2017. Meeting Minutes Of The Assembly 6. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 7. AWARDS AND PRESENTATIONS A. Employee Of The Quarter Award B. Longevity Award - Duane Dvorak, Resource Management Officer 17-22 C. PWS RCAC Briefing About Recent Oil Spill Prevention And Response That May Affect Kodiak Prince William Sound RCAC Briefing Binder Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www facebook.com/Kodiakislandborouch @KodiakBorough www. kodiakak.us Page 1 of 349 23-214 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 To Include Regulations For Marijuana Businesses. Ordinance No FY2017-27 and Backup - Pdf 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts 13.B. Resolutions 215-224 1. Resolution No. FY2017-02B Amending Resolution No. FY2017-02 Amending The Fees Of The Kodiak Island Borough. Resolution No. FY2017-02B Amending Resolution No. FY2017-02 Amending The Fees Of The Kodiak Island Borough - Pdf 225-229 2. Resolution No. FY2017-32 Implementing A Local Policy To Govern The Use Of Cellular Phones Of Elected Officials During Public Meetings. Use of Cell Phone Resolution - Pdf 13.C. Ordinances for Introduction 230-235 1. Ordinance No. FY2017-01A Amending Ordinance No. FY2017-01, Fiscal Year 2017 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. Ordinance No. FY2017-01A Amending Ordinance No. FY2017-01 - Pdf 236-317 2. Ordinance No. FY2018-01 Levying Taxes On All Taxable Real And Personal Property Within The Kodiak Island Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough @KodiakBorough www.kodiakak.us 91 Page 2 of 349 Borough For All The Expenses And Liabilities Of The Kodiak Island Borough For The Fiscal Year Commencing On The First Day Of July 2017 And Ending On The Thirtieth Day Of June 2018 (Fiscal Year 2018 Budget). Ordinance No. FY2018-01 Levying Taxes (FY2018 Budget) - Pdf 13.D. Other Items 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. EXECUTIVE SESSION A. Strategies In Negotiating The Hospital Lease. 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings 318-349 1. Fire Protection Area No. 1 Board Regular Meeting Minutes of February 21, 2017; Parks and Recreation Committee Regular Meeting Minutes of October 25, 2016, November 15, 2016, December 13, 2016, and January 24, 2017; Planning and Zoning Commission Regular Meeting Minutes of February 15, 2017 and Special Meeting Minutes of February 15, 2017; Service Area No. 1 Board Regular Meeting Minutes of November 29, 2016; and Solid Waste Advisory Board Regular Meeting Minutes of January 9, 2017. Minutes of Other Meetings 18.13. Reports Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at tiww.facebook.com/Kodiakislandborough© @KodiakBorough www. kod is ka k. u s 91 Page 3 of 349 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting January 19, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on January 19, 2017, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:45 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Deputy Clerk Angela MacKenzie, and Assistant Clerk Laurie Pardoe. APPROVAL OF AGENDA AND CONSENT AGENDA SKINNER moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Special meeting minutes of November 10 and November 28, 2016 were approved under the consent agenda. CITIZENS' COMMENTS Don Roberts spoke in favor of building codes and expressed safety concerns for residents and emergency responders. He noted that having building code exemptions for a few citizens' would not necessarily provide affordable housing and could result in consequences to the larger community including effects on property value and property taxes. He noted that a plain language version of an ordinance with a clear statement of the document's intent could be beneficial to the public and may result in different public comments. Paul Van Dyke complimented Community Development Director Sara Mason for her public presentation concerning upgrades to Otmeloi Way at a public meeting held on January 10. As the board chair of Fire Protection Area No. 1, he announced that the RFP for fire apparatus closed on Tuesday and the Assembly would soon have the Board's recommendation. As a Borough employee, he spoke in his own defense concerning a perceived conflict of interest. He spoke to transparency in government and corrected some information presented at an Assembly work session. He spoke in support of affordable housing and asked that the Assembly listen to one another as they debate the building codes. Stephanie Mason, Newly appointed Executive Director of Threshold Services, introduced herself to the Assembly. She briefly reported on the activities of the recycling center in 2016 and its outreach efforts to educate the public about recycling. She thanked the Assembly for its continued support. Kodiak Island Borough Assembly Regular Meeting Minutes January 19, 2017 Page 1 of 9 "Regular Meeting Minutes Of January, 19, 2017 And Special Me... Page 4 of 349 AGENDA ITEM #S.A. Judi Kidder noted that it would help stop illegal dumping if there was a well -advertised designated collection site for Christmas tree disposal. She reported on her attendance at the Planning and Zoning Commission work session and spoke to development grants available to fund low income housing. Toby Sullivan, Executive Director to the Kodiak Maritime Museum, thanked the Assembly for its financial support and spoke concerning the museum's recent activities in the community. Jerrol Friend spoke to a Salonie Creek long-term plan and encouraged the Assembly to maintain momentum on the development of the property. He spoke to the need for consistent building codes between the City of Kodiak and the Kodiak Island Borough and the possibility of creating designated areas with building code exemptions for homesteaders. Neil Moomey spoke concerning accessory dwelling units. He asked the Assembly to look to other communities for examples, and compared the strictness of proposed restrictions with those of other Alaskan communities. On behalf of the Kodiak Island Sportsmen's Association, he spoke in support of the commercial development of the Salonie Creek property if developed in harmony and cooperation of those in the Salonie valley. He spoke in opposition of residential development within the valley. Rick Ryser spoke concerning rock extraction at Salonie creek. AWARDS AND PRESENTATIONS Mayor Rohrer presented the January 2017 National Stalking Awareness Month proclamation to the Kodiak Women's Resource and Crisis Center Outreach Director, Beth Davis, and applauded the efforts of the many victim service providers, police officers, prosecutors, national and community organizations, and private sector supporters for their efforts in promoting awareness about stalking. Manager Powers announced that 5 -Year Longevity Awards would be presented to Dora Cross, Finance Director and Jeanne Miller, Accounting Technician/Accounts Payable in the Finance Department. A 20 -Year Longevity Award would be presented to Meagan Christiansen, Grant Writer/Special Project Support in the Manager's Office. The recipients were unable to attend but the awards would be presented at a staff meeting. He also announced that the Employee of the Quarter Award would be presented at the next regular meeting of the Assembly. COMMITTEE REPORTS Assembly member Skinner announced that the Kodiak College Advisory Council would soon begin its annual recruitment for the council. Applications would likely be due in the beginning of March and appointments would take effect over the summer. Assembly member LeDoux reported on the Kodiak Fisheries Work Group (KFWG) regular meeting of January 18. The primary issue discussed at the meeting was the North Pacific Fisheries Management Council decision to table proposed bycatch regulations affecting local trawlers. The topic was complicated and ongoing but the group would continue to review the issue. Other topics discussed at the meeting included advocating at the federal level and reorganization of the KFWG. He spoke regarding the suffering state of Kodiak's various fish species and the Federal declaration of Kodiak as a disaster area with regards to pink salmon. Kodiak Island Borough Assembly Regular Meeting Minutes January 19, 2017 Page 2 of 9 `Regular Meeting Minutes Of January, 19, 2017 And Special Me... Page 5 of 349 AGENDA ITEM #5.A. Assembly member Crow thanked Assembly member Skinner for her years of service as co- chair of the KFWG and welcomed Assembly member Van Daele who was appointed to the board. Assembly member Van Daele was looking forward to the next KFWG discussion regarding the role and process of the work group. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Powers briefly reported on the following: • Conversation with lobbyist on discussions by the legislature regarding Alaska's budget • Juneau lobby trip in March • Meetings held with Threshold Services and Healthy Tomorrows • Meeting held with the City of Kodiak to discuss items of mutual interest • Bayside Fire Department bid opening for two pieces of apparatus • Meetings held with several borough constituents • Federal Pink Salmon Fishery Disaster declaration and resulting potential to receive federal funding for projects MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer briefly reported on the following: • Requests received for support letters on various topics • Meetings held with Golden Alaska Excavating and with local representative of the Navy Seals regarding the future potentials of Salonie Creek • Meetings held with Threshold Services and Healthy Tomorrows UNFINISHED BUSINESS Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Building Codes To Readopt The 2012 International Residential Code For One And Two - Family Dwellings. The motion on the floor was to adopt Ordinance No. FY2017-22 (Version 4). The ordinance would return the Kodiak Island Borough from the 1997 Uniform Building Code to the 2012 International Residential Code. Three potential paths forward regarding the building code were discussed at the Borough Assembly's October 27, 2016 work session: 1) Keeping the 1997 Uniform Building Code and terminating the existing MOA with the City of Kodiak 2) Reverting to the 2012 International Residential Code and extending the existing MOA and 3) Reverting to the 2012 International Residential Code, providing an opt -out for single-family residential construction and extending the existing MOA. Ordinance No. FY2017-22, as presented in first reading on December 1, 2016 aligned with option 3 cited above. Several memos had been provided by staff and were provided in the packet as historical documentation. Kodiak Island Borough Assembly Regular Meeting Minutes January 19, 2017 Page 3 of 9 *Regular Meeting Minutes Of January, 19, 2017 And Special Me... Page 6 of 349 AGENDA ITEM #5.A. At the December 1, 2016 regular meeting, Version 2 of the ordinance was advanced to public hearing. The City of Kodiak City Council provided a letter to the Borough regarding the building code and the MOA on December 8, 2016, which was included in this packet. Version 2, as advanced on December 1, 2016 was included in the packet, as well as a draft which began to address the City's concerns. The draft was labeled as Ordinance No. FY2017- 22 Version 4. At the December 15, 2016 regular meeting, the Assembly held a public hearing on version 2 and then amended version 2 with version 4, postponed version 4 to the next regular meeting of January 19, and directed staff to provide recommendations to the policy questions raised by staff at that meeting. SMILEY moved to amend Ordinance No. FY2017-22 Version 4 by striking out "remote areas" and replacing it with "outside the city limits" on line 173 and adding "or accessory building" to line 180. CROW moved to close debate. ROLL CALL VOTE ON MOTION TO CLOSE DEBATE FAILED TWO TO FIVE: LeDoux and Symmons (Ayes); Skinner, Smiley, Townsend, Van Daele, and Crow (Noes). ROLL CALL VOTE ON MOTION TO AMEND FAILED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. Mayor Rohrer recessed the meeting at 9:05 p.m. and reconvened the meeting at 9:20 p.m. TOWNSEND moved to amend Ordinance No. FY2017-22 Version 4 by adding "accessory buildings within 200 feet of existing municipal water and sewer can be exempt provided the accessory building will not require plumbing" to line 182. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. VAN DAELE moved to postpone Ordinance No. FY2017-22 to the regular meeting of February 2, 2017. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO THREE: Smiley, Townsend, Van Daele, and LeDoux (Ayes); Symmons, Crow, and Skinner (Noes). NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2017-27 Approving The Disposal Of A t 35 Acre Portion Of The Remainder Of Lot 1, U.S. Survey 2539 By Direct Negotiation Of A Lease At Fair Market Kodiak Island Borough Assembly Regular Meeting Minutes January 19, 2017 Page 4 of 9 *Regular Meeting Minutes Of January, 19, 2017 And Special Me... Page 7 of 349 AGENDA ITEM #5.A. Value To Golden Alaska Excavating, LLC For The Purposes Of Resource Extraction And Stockpiling (P & Z Case No. 17-012). VAN DAELE moved to adopt Resolution No. FY2017-27. This was a request for disposal of a t 35 acre portion of an 8,331.92 acre Borough owned C - Conservation zoned parcel in the Salonie Creek drainage area. The applicant, Golden Alaska Excavating, LLC, was requesting to lease the site at fair market value for the purposes of resource (gravel) extraction and stockpiling. The site was one of three sites in the area that was identified as potential gravel sources by an engineering study performed for the Borough in 2010. That study showed this particular site to contain a substantial amount of minable gravel that could be extracted in a cost effective manner. This, combined with the reasons listed in the provided backup materials, made this property appear well suited for disposal as a gravel extraction site. The Planning and Zoning Commission, by a four to one vote, had determined the site to be surplus to the public's need and was recommended for disposal as stated in the provided resolution. Kodiak Island Borough Code 18.20.020.B stated that land disposals must be approved by an Assembly resolution that specified the terms and conditions upon which the disposal would be offered. Accordingly, the provided Assembly resolution specified that the disposal would be by direct negotiation of a lease at fair market value to Golden Alaska Excavating, LLC for the purposes of resource extraction and stockpiling, which was consistent with the applicant's request. It was important to note that an additional party, B&R Fish Byproducts Inc., had since submitted an identical request for disposal of the site. That request was scheduled for public hearing at the January 18, 2017 Planning and Zoning Commission regular meeting. Given the additional interest in the site, the Assembly may feel that disposal by a direct negotiation of a lease to a specific entity was inappropriate. Should this be the case, the Borough would have the option to submit a request for disposal of the site by one of the competitive processes listed in Chapter 18.20 Real property disposal — in general of the Borough Code. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Symmons, Townsend, Van Daele, Crow, LeDoux, Skinner, and Smiley. Ordinances for Introduction 1. Ordinance No. FY2017-25 Amending Kodiak Island Borough Code Subsection 2.30.070(K) Privileged Motions To Provide A Special Parliamentary Rule Allowing The Assembly, By Majority Vote, To Postpone An Action Item Beyond The Meeting Limitation Set Out In Roberts Rules. SKINNER moved to adopt Ordinance No. FY2017-25 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Kodiak Island Borough adopted Roberts Rules of Order (RRO) as its parliamentary authority. According to RRO, a motion may not be postponed beyond the next regular meeting. Kodiak Island Borough Assembly Regular Meeting Minutes January 19, 2017 Page 5 of 9 *Regular Meeting Minutes Of January, 19, 2017 And Special Me... Page 8 of 349 AGENDA ITEM #5.A. There were times when it was in the best interest of the Assembly to postpone an action for several meetings or months in order to gather additional information or to request further research on the part of the administration so that an informed decision could be made. At other times, the Assembly may wish to wait for action on the part of other boards, governing bodies, or the State Legislature before acting on an item that was before the Assembly, as their actions may affect the Borough's stance. The ordinance before the Assembly sought to enact a special parliamentary rule allowing the Assembly, by majority vote, to postpone an action item beyond the one meeting limitation set out in RRO. This would allow the Assembly to continue its past practice of postponing beyond the next meeting without violating its adopted parliamentary rules and procedures. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Skinner, Smiley, and Symmons. Other Items 1. Confirmation Of A Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. SKINNER moved to confirm the mayoral appointment of Mr. Crow to the Cook Inlet Regional Citizens Advisory Council for a three year term to expire March 2020. The Cook Inlet Regional Citizens Advisory Council (CIRCAC) was a council formed in late 1990 as a non-profit corporation. Its mission was to represent the citizens of Cook Inlet in promoting environmentally safe marine transportation and oil facility operations in Cook Inlet. It consisted of special interest groups and municipality seats which included the Kodiak Island Borough. The Clerk's Office had advertised for this seat and had received two letters of interest from Richard Smith on Wednesday, December 28 and Assembly member Kyle Crow on Friday, December 30. On November 28, 2016, Assembly member Crow was appointed to fill the seat for a term to expire March 2017. In 2014, Mr. Scott Smiley was appointed to fill an unexpired term on the CIRCAC to expire 2017. He tendered his resignation to Mr. Mike Munger, CIRCAC Executive Director. Mr. Munger reached out to Assembly member Crow to fill the seat in the interim. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux, Skinner, Smiley, Symmons, and Townsend. 2. Appointments to the Providence Kodiak Island Medical Center Community Advisory Board (Ms. Carol Juergens, MD and Ms. Gretchen Saupe). LEDOUX moved to voice non -objection to the re -appointments of Ms. Carol Juergens, MD and Ms. Gretchen Saupe to the Providence Kodiak Island Medical Center Community Advisory Board for a terms to expire December, 2018. Kodiak Island Borough Assembly Regular Meeting Minutes January 19, 2017 Page 6 of 9 "Regular Meeting Minutes Of January, 19, 2017 And Special Me... Page 9 of 349 AGENDA ITEM #5.A. Per Contract No. 1997-07A: An advisory board meeting the requirements of 7AAC 13.030(a) would be appointed by Providence. One Assembly member shall be appointed by Providence as a full voting member of the advisory board, and Providence shall give the borough the opportunity for review and comment before appointments to the advisory board are made. On January 11, 2017, the Clerk's Office was notified of the following re -appointments to the Providence Kodiak Island Medical Center Community Advisory Board, Ms. Carol Juergens, MD and Ms. Gretchen Saupe for terms ending December 2018. Per the contract provision cited above, the Assembly was given the opportunity to comment before the appointments to the advisory board were made. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. SKINNER moved to extend the meeting to 11 p.m. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Townsend, Van Daele, and Crow. CITIZENS' COMMENTS Paul VanDyke appreciated the attention given to the gravel extraction issue and asked the Assembly to work toward developing a plan. Judi Kidder spoke to the importance of having a plan for gravel. She talked of efforts to clean up trash in public spaces within the community. ASSEMBLY MEMBERS' COMMENTS Assembly member Townsend spoke concerning progress on the building codes and the importance of having a more unified voice on the issue. Assembly member Skinner asked that in light of the postponement of Ordinance No. FY 2017- 22, the Assembly should make clear what they would like to see accomplished before the next work session discussion and be prepared to vote on the item at the regular meeting. Assembly member Symmons thanked Building Inspector Ted Hansen for being present to answer the Assembly's questions regarding building codes. He spoke concerning conflicts of interest, public perception, and citizen participation. He also saw a necessity for a gravel advisory board and expressed interest in serving on it. Assembly member Crow spoke of building codes being important to the community, the Borough's relationship with the City of Kodiak, a gravel extraction plan, and he thanked the Assembly for his appointment to the CIRCAC. Assembly member LeDoux spoke to emergency evacuation routes and expressed appreciation to public members who share ideas. He thanked Ted Hansen for answering the Assembly's questions. He commented on a federal land trust partnership, a State Board of Fish meeting held in Kodiak, the complexity of fisheries issues in Kodiak, and advocating for the Fisheries Industrial Technology Center. Kodiak Island Borough Assembly Regular Meeting Minutes January 19, 2017 Page 7 of 9 *Regular Meeting Minutes Of January, 19, 2017 And Special Me... Page 10 of 349 AGENDA ITEM #5.A. Assembly member Van Daele noted that he was impressed and proud of the efforts of borough staff in facilitating the Otmeloi Way public meeting held on January 10. Assembly member Smiley spoke concerning the Otmeloi Way public meeting, building code solutions, the idea of developing homesteader zones, and the importance of maintaining a memorandum of agreement with City of Kodiak. Mayor Rohrer thanked Bayside Fire Chief Rue and his crew for responding to a heat alarm in a building he was responsible for. Announcements Mayor Rohrer announced that the next Assembly work session would be held on Thursday, January 26 at 6:30 p.m. in the borough conference room and the next Assembly regular meeting was scheduled for Thursday, February 2 at 6:30 p.m. in the borough assembly chambers. EXECUTIVE SESSION 1. Discuss Negotiation Options And Litigation Tactics And Strategies: State Of Alaska, Department Of Environmental Conservation's Notice Of Violation For Kodiak Incinerator Re: Medical Waste Incinerated At Landfill. SKINNER moved to convene into executive session to discuss Negotiation Options And Litigation Tactics And Strategies: State Of Alaska, Department Of Environmental Conservation's Notice Of Violation For Kodiak Incinerator Re: Medical Waste Incinerated At Landfill. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. SKINNER moved to invite the Borough Mayor, Assembly, Borough Manger, E/F Director, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, LeDoux, and Skinner. After the vote, Mayor Rohrer recessed the regular meeting and convened into executive session at 10:15 p.m. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting at 10:25 p.m. and announced that no action was to be taken as a result of the executive session but direction had been given to the manager on how to proceed with negotiations. ADJOURNMENT SYMMONS moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, Crow, LeDoux, Skinner, and Smiley. The meeting was adjourned at 10:25 p.m. Kodiak Island Borough Assembly Regular Meeting Minutes January 19, 2017 Page S of 9 igular Meeting Minutes Of January, 19, 2017 And Special Me... Page 11 of 349 ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough January 19, 2017 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Approved on: *Regular Meeting Minutes Of January, 19, 2017 And Special Me... Assembly Regular Meeting Minutes Page 9 of 9 Page 12 of 349 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Special Meeting January 19, 2017 A special meeting of the Kodiak Island Borough Assembly was held on January 19, 2017, in the Borough Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Deputy Clerk Angela MacKenzie, and Assistant Clerk Laurie Pardoe. CITIZENS COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Letter Of Support For An Appointment To The Board Of Fisheries. No motion was brought forward. B. Letter Of Support For An Appointment To The Board Of Game. LEDOUX moved to review and approve a letter of support for an appointment to the Board of Game (Mr. Larry Van Daele). Assembly member Van Daele recused himself from discussing and voting on the appointment and left the dais at 6:34 p.m. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Crow, LeDoux, Smiley, Symmons, and Townsend (Ayes); Skinner (No). Assembly member Van Daele returned to the dais at 6:43 p.m. ADJOURNMENT SYMMONS moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Townsend, Van Daele, and Crow. The meeting was adjourned at 6:44 p.m. Kodiak Island Borough Assembly Special Meeting Minutes January 19, 2017 Page 1 of 2 'Regular Meeting Minutes Of January, 19, 2017 And Special Me... Page 13 of 349 ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough January 19, 2017 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Approved on: Assembly Special Meeting Minutes Page 2 of 2 *Regular Meeting Minutes Of January, 19, 2017 And Special Me... Page 14 of 349 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Special Meeting March 29, 2017 A special meeting of the Kodiak Island Borough Assembly was held on March 29, 2017, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:44 p.m. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, and Borough Clerk Nova Javier. CITIZENS COMMENTS Judi Kidder voiced her concerns about the different taxes in the community and urged the Assembly to pay close attention to the pros and cons of various taxes. Barbara Bigelow, Providence Kodiak Island Medical Center Chief Executive Officer, commented that she was available to answer specific questions regarding the hospital that was scheduled for executive session. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING 1. Executive Session to Discuss Strategies In Negotiating The Hospital Lease SKINNER moved to convene into executive session to discuss Strategies in Negotiating the Hospital Lease, a subject matter that the immediate public knowledge of which would tend to affect adversely the finances of the Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. SKINNER moved to invite the Borough Mayor, Assembly members, Manager, Finance Director, and Clerk's Office Staff into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recesses the special meeting at 7:48 p.m. and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the special meeting at 8:30 p.m. and announced that no action was to be taken as a result of the executive session and that direction was given to the borough manager on how to proceed with the negotiations. ADJOURNMENT SYMMONS moved to adjourn the meeting at 8:31 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Kodiak Island Borough Assembly Special Meeting Minutes I JIa{gh 7 2017 Page 1 of 2 *Regular ee ing inu es Of January, 19, 2017 And Special Me... Page 15 of 349 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH ATTEST: Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Special Meeting Minutes March 29, 2017 Page 2 of 2 *Regular Meeting Minutes Of January, 19, 2017 And Special Me... Page 16 of 349 AGENDA ITEM #7.C. Prince William Sound Regional Citizens' Advisory Council BRIEFING SHEET CONCERNS ABOUT CHANGES TO THE REGIONAL STAKEHOLDER COMMITTEE Last year, changes were proposed to the Regional Stakeholder Committee (RSC). The RSC is a forum for communication between spill responders and stakeholders affected by an incident, which has been practiced during drills since the Exxon Valdez oil spill. The Council believed these changes would reduce public involvement in oil spill response and cleanup. The Alaska Regional Response Team (ARRT) had proposed replacing the RSC with two groups, the "Affected Stakeholders Group" and the "Tribal and Local Government Group." It was unclear if either group would continue to have access to Unified Command or the Incident Action Plan during a response. Based on comments received from the Council, and communities, and stakeholders potentially impacted by the proposed changes, the Alaska Department of Environmental Conservation announced that the proposal had been withdrawn. While the Council's concerns have been alleviated for now, monitoring of a new proposal that could affect stakeholder input continues. CHANGES IN AREA OIL SPILL PLANNING In September the Department of Environmental Conservation opened public scoping concerning how the ARRT may change oil spill area planning for the state of Alaska. Below are two maps that show the area planning changes being considered: y \ *.Aw .,. Current Subareas New Areas, under consideration The first map shows ten subareas around which oil spill planning is currently organized relative to the second map showing four areas the state would like to organize oil spill planning around in the future. These four new boundaries generally follow the current U.S. Coast Guard "Captain of the Port" zones, which include southeast Alaska, Prince William Sound, and western Alaska. The western Alaska zone has been split into Arctic and western Alaska areas that generally follow the state's current on -scene - coordinator areas. The new Prince William Sound area changes very little from the former subarea. However, the current Cook Inlet subarea and the Kodiak Island subarea would be combined with the ?Cv RCAC\; Regional Citizens' Advisory Council The Prince William Sound Regional Citizens' Advisory Council, with offices in Anchorage and Valdez, is an independent non-profit corporation whose mission is to promote the environmentally safe operation of the Valdez Marine Terminal and the oil tankers that use it. PWS RCAC Briefing About Recent Oil Spill Prevention And Resp... Page 17 of 349 AGENDA ITEM #7.C. Bristol Bay and Aleutians in the new organizational scheme. The public scoping period was open until November 15, but the ARRT may consider ongoing comments. Contact information for this change is at the state's public scoping website: http://dec.alaska.gov/spar/ppr/plans/regional plan.htm. DISPERSANT AVOIDANCE AREAS If warranted during an oil spill, the new Dispersant Use Plan for Alaska outlines an offshore zone where the Federal On -Scene Coordinator (FOSC) may direct the responsible party (spiller) to mobilize resources for chemical dispersant use, without further consultation with other federal agencies, State of Alaska, local tribes, or stakeholders. The FOSC informs federal and state agencies of this decision and seeks their input at several stages in the process, however decision-making is delegated to the FOSC. The designation of Avoidance Areas within the Preauthorization Area informs the FOSC that decisions to use dispersants in these areas warrant additional consideration and consultation with natural resource trustees before decisions are made. Below is a map showing the Preauthorized Area Boundary: The Preauthorization Area's boundaries are based on common shipping routes followed by crude oil vessels. The Preauthorization Area's inner boundary begins 24 -nautical miles offshore, thereby excluding nearshore sensitive areas. Its southern boundary extends to the U.S. Exclusive Economic Zone, 200 miles offshore, and its northern boundary extends 100 nautical miles north of the Aleutian Island chain. Dispersant use in Avoidance Areas would be governed by the "case-by-case" process described in W lLt I,,, ?G� SVG RCACH ' Regional Citizens' Advisory Council The Prince William Sound Regional Citizens'Advisoq' Council, with offices in Anchorage and Valdez, is an independent non-profit corporation whose mission is to promote the environmentally safe operation or the Valdez Marine Terminal and the oil tankers that use it. PWS RCAC Briefing About Recent Oil Spill Prevention And Resp... Page 18 of 349 AGENDA ITEM #7.C. the Dispersant Use Plan for Alaska, and the National Contingency Plan. This additional scrutiny helps determine if the benefits of dispersant use outweigh the risks to the environment. Information about the Dispersant Use Plan and Avoidance Areas is available online at: http://nukadraft.wixsite.com/avoidanceareas. UPCOMING TUG AND BARGE CONTRACT CHANGE In 2018, tug and barge services contracted by Alyeska Pipeline Service Company in Prince William Sound will no longer be filled by Crowley Maritime Corporation. These services will be replaced by Edison Chouest Offshore (ECO), contracted through 2028. The Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) is committed to working with Alyeska and the regulators to ensure that the level of safety and care for oil spill prevention and response is not weakened as a result of the upcoming transition. PWSRCAC's understanding and expectation is that the new services will meet or exceed the current system, with several technological enhancements from what is in place today. This transition provides an opportunity to improve upon existing capabilities, and Alyeska has made a commitment for the Council to be involved in the transition planning process. To this end, the Council is developing recommendations on equipment capabilities and on a process to ensure that crews are adequately trained and qualified before the new contractor takes over. While the Council is confident that ECO's personnel are knowledgeable and competent, we are concerned that a large changeover in such a short amount of time with equipment and a harsh environment that may be new to some of the personnel, could be challenging. The transition process needs to be handled very carefully in order to maintain the level of prevention and response capabilities in place today. A strong pre -qualification process needs to take place before the change -over occurs, to ensure that crews remain proficient in Prince William Sound and Gulf of Alaska conditions after the change -over. ECO is currently building new tugs and open water response barges. Four of the tugs will be General Purpose Tugs, used for docking tankers, towing response barges, and general use. Five Escort Tugs will be built and used for escorts, docking, and towing response barges. Four new open water barges will be outfitted with Crucial skimmers and Ocean Busters and will replace the current TransRec barges. PWSRCAC has hired independent contractors (Robert Allan LTD and Little River Marine Consultants) to review the current tug and barge designs. This review has revealed some areas of concern that PWSRCAC will be bringing to the attention of Alyeska and ECO, in the hopes that they can be addressed before building is complete. ECO plans to start recruiting personnel mid -2017, and will have to comply with Alyeska's 20 percent Alaska Native hire requirements. Equipment sea trials and personnel pre -qualification drills and exercises are planned in the Gulf of Mexico and Puget Sound before bringing the equipment to Prince William Sound for additional demonstration exercises. There is also a planned six to eight-week overlap �y 11. t, l q,tir nr RCAO Regional Cilizens' Advisory Council The Prince William Sound Regional Citizens' Advisory Council, with offices in Anchorage and Valdez, is an independent non-prorit corporation whose mission is to promote the environmentally sale operation or the Valdez Marine Terminal and the oil tankers that use it. PWS RCAC Briefing About Recent Oil Spill Prevention And Resp... Page 19 of 349 AGENDA ITEM #7.C. of ECO and Crowley crews and equipment in Prince William Sound. The Council intends to observe as many drills and exercises as possible to independently verify personnel and equipment capabilities. Alyeska has stated that they will share information with the Council through a transition team, on which PWSRCAC holds a seat. The Council looks forward to receiving information so we can work with Alyeska to verify equipment and personnel capabilities. As the Council was created to involve local citizens in decisions that impact the safe transportation of oil, our members have local knowledge and input that is essential to ensuring the strongest possible oil spill prevention and response system for our waters. MARINE SERVICES CONTRACT INFORMATION PRIORITIES The overall goal of the PWSRCAC is to maintain or improve upon the existing oil spill prevention and response capabilities in Prince William Sound, with a focus on satisfying the provision in our contract with Alyeska to: "Provide local and regional input into the design of appropriate mitigation measures for potential consequences likely to occur as a result of oil or environmental related accidents or impacts of Terminal and tanker operations." Following is a prioritized list of subjects that PWSRCAC would like to examine more closely during this transition, with the priorities rated as high, medium and low. High Priorities • Evaluate equipment specifications and performance as it relates to prevention and response outcomes and promote Best Available Technology in equipment design. • Evaluate staffing levels and organization for tugs, response, and crew. • Assess crew training and proficiency for escort operations, rescue towing operations (Prince William Sound/Gulf of Alaska), firefighting, spill response and recovery, etc. • Review Contingency Plan to ensure operational compliance in all respects. • Complete and observe live performance trials for tether exercises and spill response exercises. Medium Priorities • Complete and evaluate computer generated performance modeling. • Monitor contractor transition and performance. Low Priorities • Attend shipyard(s) contracted to build tugs. • Attend shipyard(s) contracted to build or modify response barges. Attend and survey existing equipment identified to replace vessels currently in the response system. ?G� SOG RCAC tit Regional Citizens' Advisory Council The Prince William Sound Regional Citizens'Advisory Council, with offices in Anchorage and Valdez, is an independent non-profit corporation whose mission is to promote the environmentallysafe operation of the Valdez Marine Terminal and the oil tankers that use it. PWS RCAC Briefing About Recent Oil Spill Prevention And Resp... Page 20 of 349 311412017 Kodiak Island, AK - Oficial Website AGENDA ITEM #7.C. AGENDA ITEM REQUEST FORM The Assembly meets on the first and third Thursdays of each month for their regular meetings and they normally hold work sessions a week before the regular meetings. If you have a specific topic that you would like the Borough Assembly to discuss at a future work session/meeting, OR If you wish to make a presentation to the Assembly, please complete this online form for submission to the Borough Clerk's Office. The Item will possibly be scheduled for a future meeting or forwarded to Borough Staff for appropriate action. Name' Lisa Matlock & Brooke Taylor Mailing Address 3709 Spenard Road, Suite 100, Anchorage, AK, 99503 Contact Phone Number 9072736235 REQUIRED INFORMATION FOR CONSIDERATION Organization Represented' Prince William Sound RCAC Contact Email Address lisa.matiock@pwsrcac.org Please state the item you wish to have placed on the agenda' Provide a briefing, at the April 20 meeting, about recent oil spill prevention and response issues that may affect the Kodiak Island Borough, whose representative is Al Burch, along with the Kodiak Island Village Mayors Association represented by Melissa Berns. Do you intend to provide backup documentation to the agenda item request? " 0 Yes El No Please state the desired action of the Assembly' Informational Do you wish to present this to the Assembly?' F41 Yes ❑ No Please Note: Applicable backup documents must be submitted to the Borough Clerk's Office at clerks@kodiakak.us. Indicate the type/format of the backup material you plan to provide' 4 -page briefing sheet, MS Word or pdf Presentations are normally limited to 15 minutes. If more time is desired, please state the amount of time being requested' 15 minutes �II{vGdA?rld&rRliBr�( (tb�'eC�1F€®�111de�6�Ptoy esslo= Page 21 of 349 112 3/14/2017 Kodiak Island, AK - Official Website .�q NDA ITEM V. C. Will the presentation require access to special equipment such as a computer, projector, D p ayer, etc.? Please indicate' None FOR OFFICE STAFF ONLY Received by the Clerk's Office on Discussed at the agenda setting on Approved as an agenda Item for Work Session date Informed requestor on i Notes Distributed to the Manager/Assembly on Approved as an agenda item for Regular Meeting date Indicate requestor was notified via: Phone, Email, Letter, or Other P4S�f�i�dGdl�rde5nglaOnt�RreaeeLGiik�pdfe¢ffiissaJa�tdu�es;adPro9resslo= Page 22 of 349 212 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH STAFF REPORT f APRIL 20, 2017 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 To Include Regulations For Marijuana Businesses. ORIGINATOR: Sara Mason RECOMMENDATION: Adopt Ordinance No. FY2017-27. DISCUSSION: In 2014 the State of Alaska's Ballot Measure #2 was approved by state voters. This provided for the legalization of select marijuana -related activities. Since 2014 state and local governments have been working toward developing laws to govern the marijuana industry in Alaska. Through the adoption of Ordinance No. FY2016-17 the Kodiak Island Borough created a new chapter of Borough Code and included a provision that prohibited the operation of marijuana cultivation, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores within the Borough. An amendment to this ordinance (Ordinance No. FY2016-17A) was recently approved by the Assembly that would extend this date to April 30, 2017. Basis for discussion on Title 17 changes was the result of of ten meetings of the Borough's Marijuana Task Force; established by Resolution No. FY2016-31. Currently, the sections of this ordinance relating to Title 17 are under review by the Planning & Zoning Commission. At its February 15, 2017 special meeting, the Commission postponed this item to their March 15, 2017 meeting. At it's March 22, 2107 regular meeting, the Commission failed a motion to recommend approval of the Title 17 changes. An affidavit was filed on March 23, 2017 for a request to reconsider. The item was reconsidered and subsequently passed by the Commission at its April 19, 2017 regular meeting. Before the Assembly now for consideration as an amendment by substitution is Version 2 of Ordinance No. FY2017-27, which includes edits provided by Assemblyman Smiley and discussed by the Assembly at its work session on April 13, 2017. Several changes were also incorporated based on discussion about land use regulations and marijuana, which also occurred at the April 13, 2017 work session. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 23 of 349 Memorandum AGENDA ITEM O.A. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Date: April 19, 2017 To: Borough Assembly, Mayor, and Manager From: Community Development Director RE: Case No. 17-018 Relating to Marijuana Land Use Regulations At its April 19, 2017 regular meeting the Planning and Zoning Commission voted to recommend that the Assembly amend Title 17 through the adoption of Ordinance No. FY2017-27, to include the recommendations forwarded by the Commission. The Commission's proposed amendments are attached to this memo. The amendments passed with a 4-0 vote and are supported by the following findings of fact. FINDINGS OF FACT (KIBC 17.205.020) 1. Registered voters in the Kodiak Island Borough voted to legalize select marijuana establishments under State of Alaska Ballot Measure #2 in 2014. 2. AS 17.30.110 provides for the implementation of local controls for marijuana establishments. 3. Current KIBC Title 17 (Zoning) does not Include regulatory requirements for marijuana establishments and does not list them as a permitted use in any zoning district. 4. The amendments to Title 17 KIBC provide the regulatory requirements for marijuana establishments In a manner consistent with similar uses within the Kodiak Island Borough. 5. The amendments to Tille 17 KIBC are consistent with the adopted Comprehensive Plan goals and policies related to land use and economy. 6. The Planning and Zoning Commission recommends approval of the amendments to Title 17 KIBC. Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 24 of 349 IR 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #9.A. FINAL RECOMMENDATIONS OF P&ZC Introduced by: AND FORWARDED TO THE ASSEMBLY Drafted by: CDD Director Introduced on: Public Hearing Date: -- Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-27 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE TITLE 3 REVENUE AND FINANCE, TITLE 5 BUSINESS LICENSES AND REGULATIONS, AND TITLE 17 ZONING TO PROVIDE FOR REGULATIONS RELATING TO MARIJUANA BUSINESSES WHEREAS, the passage of Ballot Measure #2 in the 2014 State of Alaska Election has provided for the legalization of various marijuana -related activities on a specific timeline; and WHEREAS, AS 17.38.110 provides for local government control not in conflict with state law; and WHEREAS, the Kodiak Island Borough wishes to exercise the authority granted to it by AS 17.38.110; and WHEREAS, the Kodiak Island Borough formed a Marijuana Task Force through the adoption of Kodiak Island Borough Resolution No. FY2016-31; and WHEREAS, the Marijuana Task Force developed recommendations for regulating marijuana businesses in the Kodiak Island Borough; and WHEREAS, in accordance with AS 29.40.020 the Planning and Zoning Commission discussed the proposed changes to Title 17 (Zoning) at work sessions, regular meetings, or special meetings on February 8, 2017, February 15, 2017, March 15, 2017, and March 22, 2017; and WHEREAS, the Planning and Zoning Commission, following the March 22, 2017 public hearing, failed to pass a motion to transmit their recommendations for revisions to Title 17 to the Borough Assembly; and WHEREAS, on March 23, 2017, two Planning and Zoning Commissioners filed a Reconsideration Affidavit with the Community Development Department stating their intent to reconsider the vote taken after the March 22, 2017 public hearing; and WHEREAS, the Planning and Zoning Commission, at their April 19, 2017 regular meeting, voted to reconsider the vote taken after the March 22, 2017 public hearing and voted to transmit their recommendations for revisions to Title 17 to the Borough Assembly; and Kodiak island Borough, Alaska Deletion — Red, Strikeout Insertion—Bold, Blue, Underlined Ordinance No. FY2017-27 Page 1 of 9 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 25 of 349 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 AGENDA ITEM #9.A. WHEREAS, the Borough Assembly discussed the proposed changes at work sessions and regular meetings on March 30, 2017, April 6, 2017, April 13, 2017, and April 20, 2017; and WHEREAS, the Borough Assembly, following the public hearing at the April 20, 2017 regular meeting, voted to adopted Ordinance FY2017-27. 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 of Ordinances. Section 2: Titles 3, 5, 17 of the Kodiak Island Borough Code of Ordinances are amended to read as follows: [PLACEHOLDER] [PLACEHOLDER] Title 3 REVENUE AND FINANCE Title 5 BUSINESS LICENSES AND REGULATIONS Chapter 17.15 GENERAL PROVISIONS AND USE REGULATIONS 17.15.120 Buffers for marijuana businesses In addition to any buffers imposed by any other applicable state or federal law, marlluana businesses may not be established on or within 1000 600 feet of school grounds. Chapter 17.20 FEES 17.20.010 Fees. A. A part of the costs for maps, legal publications, notices to affected property owners, and other administrative expenses involved in processing land use change applications shall be covered by a fee, established by resolution of the assembly, payable to the borough. The fees apply to the following: 1. A, Conditional use permit; 2. D, Contract zoning; 3. G- Planning and zoning commission review; Kodiak Island Borough, Alaska Ordinance No.FY2017-27 Deletion — Red, Strikeout Page 2 of 9 Insertion — Bold, Blue, Underlined Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 26 of 349 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 III 112 113 114 115 116 117 II& 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 4. B: Variance; aad 5. €-Zoning change;: and 6. Zoning compliance permit Chapter 17.25 Definitions 17.25.020 A definitions. AGENDA ITEM #9"A. "Agricultural activities" means the production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to people. This does not Include any uses Involving or related to commercial mariluana activities. "Airport elevation" means the established elevation of the highest point of the usable landing area. Airport, Municipal. "Municipal airport" means the City of Kodiak Municipal Airport and Lilly Lake. Airport, Utility. "Utility airport" means any airport in the borough designed and/or constructed to serve aircraft in approach category A (speed less than 91 knots). "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon "Alteration" means any change, addition, or modification in the construction, location, or use classification. Apartment House. For "apartment house," see "Dwelling, multiple -family; KIBC 17.25.050. "Approach surface" means an approach surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of a runway. The inner edge of the approach surface is the same width as the runway and it expands uniformly to a width of 1,500 feet of each end of the runway. The approach surface extends for a horizontal distance of 5,000 feet at a slope of 20:1. No building or structure may be constructed or erected nor may any other object be stored or placed in such a manner as to protrude into the approach surfaces. A. The approach surfaces for the municipal airport extend upward and outward from the south end of the existing lake surface (towards Larch Street) and the north end of the gravel runway (Von Scheele Way) only. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. 17.25.140 M definitions _ Marituana" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound manufacture, salt, derivative, mixture. or preparation of the plant, its seeds. or Its resin, Including mariivana concentrate: "mariivana" does not include fiber produced from the stalks oil, or cake made from the seeds of the plant, sterilized seed of the plant which is Incapable of germination, or the weight of any other ingredient combined with mariivana to prepare topical or oral administrations, food, drink, or other products. "Marituana Cultivation, Limited" means a legally licensed limited cultivation facility as defined by state law. State law dictates that an area less than 500 square feet may be under cultivation. Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 3 of 9 Insertion —Bold, Blue, Underlined Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 27 of 349 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 AGENDA ITEM #9.A. "Marijuana Cultivation, Standard" means a legally licensed standard cultivation facility as defined by state law. No limit is set by state law on size of area under cultivation. "Marijuana manufacturing facility" means a legally licensed commercial mariluana product manufacturing facility as defined by state law, which can purchase mariluana. manufacture, prepare, and package mariluana products, and sell marijuana and marituana products to other mariivana product manufacturing facilities and to retail mariluana stores. These facilities may not sell mariluana products to consumers. "Marijuana retail store" means a legally licensed commercial retail mariluana store as defined by state law. A mariivana retail store may sell mariluana accessories as defined by state law. "Mariluana testing facility" means a legally licensed commercial mariluana testing facility defined by state law that is registered to analyze and certlfy the safety and potency of mariluana. "Motel" means a group of one or more detached or semidelached buildings containing two or more individual dwelling units and/or guest rooms, designed for or used temporarily by automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. Chapter 17.60 C—CONSERVATION DISTRICT 17.50.040 Conditional Uses The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. All of the conditional uses in the NU natural use zoning district; B. Airstrips; C. Commercial livestock grazing, excluding those areas historically established for livestock grazing as described in KI BC17.50.020(B), where it is a permitted use; D. Lodges that have provisions for more than six clients; E. Logging camps and timber harvesting support facilities (e.g., log transfer facilities), Including timber products processing facilities; F. Nonrecreational mineral extraction activities and related structures; G. Seafood processing facilities and related structures; H. Transportation and utility facilities not otherwise permitted and not otherwise used in conjunction with permitted uses (e.g., roads, pipelines, communications facilities, etc.); and I. Recreational vehicle parks;: and J. Marljuana cultivation, limited (on lots equal to or greater than 5 acres 211j000 -square feet). Chapter 17.60 RR2—RURAL RESIDENTIAL TWO DISTRICT 17.60.030 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 4 of 9 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 28 of 349 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 AGENDA ITEM #9.A. N. Fireworks stands; and 3. Recreational vehicle parks -wand Mariivana cultivation, limited (on lots equal to or greater than 2 acres 29,000-sgaara feet). -and D. Martp+aRa 10SUAD faGilitieS. Chaptff 17 70 RR4—RURAL-REStDGNPA64ON€DISTRIGT 47,n430 Gondlttonal-uses: T4ne4WIw i 4and-uses-maybe aN 1-use-penalNnasserdaase with-the-previsieasofGhapte•,7, POO;`IRM end C,MaN}uana-sultivation,,41mhed{on4ots-equat-to-er-greater-than-29;900 square#eetji-and D. Marquana testing fanilltim Chapter 17.90 B -BUSINESS DISTRICT 17.90.020 Permitted uses. The following land uses and activities are permitted in the business district: A. Accessory buildings; B. Assembly halls; C. Art galleries; D. Automobile repair garages and dealerships; E. Banks; F. Building material suppliers; G. Dry-cleaning establishments; H. Eating and drinking establishments; I. Fraternal organizations and private clubs; J. Funeral parlors; K. Gasoline service stations; L. Government offices; M. Hotels; N. Laundry establishments; O. Libraries; P. Machine shops; Q. Marinas and boat moorage; R. Mini -warehouses; S. Motels; T. Multiple -family dwellings; Kodiak Island Borough, Alaska Deletion - Red, Strikeout Insertion - Bold, Blue, Underlined Ordinance No. FY2017-27 Page 5 of 9 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 29 of 349 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 AGENDA ITEM #9.A. U. Museums; V. Offices; W. Outdoor storage; X. Printing shops; Y. Professional offices and clinics; Z. Public parks and open spaces; AA. Recreational related uses; BB. Retail stores and services; CC. Single-family and two-family dwellings, if located within a structure containing a permitted business use, not exceeding 50 percent of the area of the structure, and not located on the street level of the structure except that an owner -occupied single-family dwelling may be allowed within a street level business structure, so long as the residential portion is predominantly located in the rear of the structure (away from the commercial building facade(s) for corner and multi -frontage lots), the use of the dwelling is subsidiary and incidental to the principal commercial use, and there is no indication, other than a separate entrance on the street level building facade, that a residential use is located within the structure; DD. Theaters; and EE. Radio stations.! and FF. Marijuana retail stores: and GG. Marijuana testing facilities. 17.90.030 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Churches; B. Hospitals; C. Recreational vehicle parks; D. Mobile home parks; and E. Warehouses-; F. Mariivana cultivation. limited: G. Marijuana cultivation, standard: and H. Marijuana manufacturing facilities. Chapter 17.105 I — INDUSTRIAL DISTRICT 17.105.010 Permitted uses. The following uses of the land are permitted in the industrial district: A. All uses permitted in B business district, except residential; B. Aircraft, automobile and truck assembly or remodeling; C. Asphalt batch and mixing plant, manufacturing or refining; D. Assembly of music and vending machines; E. Auction business; Kodiak island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 6 of 9 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 30 of 349 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 AGENDA ITEM #9.A. =. Beverage manufacturing; S. Boat building, repair and storage; 1. Cabinet shops; . Concrete mixing batch plants; I. Coal storage yards; C. Dwelling units for a watchman or caretaker on the premises; -. Dyeing plants; N. Gravel or sand extraction; V. Junkyards, wrecking, salvage or scrap metal operations; J. Lumber mills and sawmills; �. Lumberyard, building material manufacture or sales; ]. Machine or blacksmith shops; R. Manufacturing, servicing or repair of light consumer goods, such as appliances, batteries, furniture, and garments; S. Metal working or welding shops; T. Motor freight terminals; J. Outdoor storage; V. Paint shops; W. Public uses; X. Rock crushers; Y. Seafood processing establishments and their dormitories; Z. Sewage treatment plants; AA. Slaughterhouses; BB. Steel fabrication shops or yards; CC. Vehicle impound lots; DD. Vocational or trade schools; EE. Utility installations; and FF. Warehousing within an enclosed structure:; GG. Mariluana cultivation, limited; HH. Marijuana cultivation, standard; 11. Marijuana manufacturing facilities; and JJ. Marijuana retail stores; and KK. Marijuana testing facilities. Chapter 17.110 RB — RETAIL BUSINESS DISTRICT 17.110.020 Permitted principal uses and structures. The following land uses and activities are permitted in the retail business district: A. Automobile service stations; S. Boardinghouses, hotels and motels; C. Commercial recreational facilities (e.g., health clubs, racquetball courts, ice rinks, etc.); D. Multifamily dwellings (not located on the street level of the structure); E. Parks and playgrounds; Kodiak island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 7 of 9 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 31 of 349 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 AGENDA ITEM #9.A. F. Retail stores and service shops (e.g., beauty shops, grocery stores, clinics, professional offices, etc.); G. Restaurants and bars; H. Single-family and two-family dwellings, if located within a structure containing a permitted business use, not exceeding 50 percent of the area of the structure, and not located on the street level of the structure; I. Schools/daycare facilities; J. Shopping centers; and K. Theaters, auditoriums, community halls -.Land J. Marifuana retail stores. 17.110.040 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Automobile and boat sales, storage, and repair, S. Churches; C. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); D. Outdoor storage, when screened by a sight -obscuring fence a minimum of six feet in height; E. Utility and service uses (e.g., substations, etc.); F. Warehouses; G. Wholesaling and distributing operations (excluding bulk fuel operations); and H. Recreational vehicle parks:; I. Marifuana cultivation: limited: and J. Mariluana cultivation, standard: and K. Mariluana manufacturing facilities. Chapter 17.120 LI — LIGHT INDUSTRIAL DISTRICT 17.120.020 Permitted principal uses and structures. The following land uses and activities are permitted in the light industrial district: A. Automobile service stations; B. Automobile and boat sales, storage, and repair; C. Manufacturing (e.g., boat building, crab pot construction, cabinet making, welding and fabrication, etc.); D. Outdoor storage, when screened by a sight -obscuring fence a minimum of six feel in height; E. Retail stores and service shops (e.g., beauty shops, clinics, grocery stores, professional offices, etc.); F. Warehouses; G. Wholesaling and distributing operations (excluding bulk fuel operations); H. A dwelling unit used by the owner or by a caretaker, manager, and family when located on the premises where they are employed In such a capacity; I. Utility and service uses (e.g., substations, etc.); and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 8 of 9 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 32 of 349 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 & WON100%W111AiEEPIXI J. Kodiak Municipal Airport (landing strip and Lilly Lake float plane access), until adequate replacement facilities are established:; K. Marlluana cultivation, limited: L. Mariivana cultivation, standard: M. Marijuana manufacturing facilities: and N. Mariivana retail stores: and O. Marijuana testing facilities. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Nova M. Javier, MMC, Clerk Ordinance No. FY2017-27 Page 9 of 9 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 33 of 349 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #9.A. Introduced by: VERSION 2 Drafted by: CDD Director INCORPORATING Introduced on: ASSEMBLY MEMBER SMILEY'S EDITS Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-27 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE TITLE 3 REVENUE AND FINANCE, TITLE 5 BUSINESS LICENSES AND REGULATIONS, AND TITLE 17 ZONING TO PROVIDE FOR REGULATIONS RELATING TO MARIJUANA BUSINESSES WHEREAS, the passage of Ballot Measure #2 in the 2014 State of Alaska Election has provided for the legalization of various marijuana -related activities on a specific timeline; and WHEREAS, AS 17.38.110 provides for local government control not in conflict with state law; and WHEREAS, the Kodiak Island Borough wishes to exercise the authority granted to it by AS 17.38.110; and WHEREAS, the Kodiak Island Borough implemented a moratorium on the operation of commercial marijuana businesses until April 30, 2017 through Ordinance No. FY2016-17A; and WHEREAS, the Kodiak Island Borough formed a Marijuana Task Force through the adoption of Resolution No. FY2016-31; and WHEREAS, the Marijuana Task Force developed recommendations for regulating marijuana businesses in the Kodiak Island Borough; and WHEREAS, in accordance with AS 29.40.020 the Planning and Zoning Commission discussed the proposed changes to Title 17 (Zoning) at work sessions, regular meetings, or special meetings on February 8, 2017, February 15, 2017, March 15, 2017, and March 22, 2017: and WHEREAS, the Planning and Zoning Commission, following the March 22, 2017 public hearing, failed to pass a motion to transmit their recommendations for revisions to Title 17 to the Borough Assembly; and WHEREAS, on March 23, 2017, two Planning and Zoning Commissioners filed a Reconsideration Affidavit with the Community Development Department stating their intent to reconsider the vote taken after the March 22, 2017 public hearing; and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 1 of 21 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 34 of 349 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 AGENDA ITEM #9.A. WHEREAS, the Planning and Zoning Commission, at their April 19, 2017 regular meeting, voted to reconsider the vote taken after the March 22, 2017 public hearing and voted to transmit their recommendations for revisions to Title 17 to the Borough Assembly; and WHEREAS, the Borough Assembly discussed the proposed changes at work sessions and regular meetings on March 16, 2017, March 30, 2017, April 6, 2017, April 13, 2017, and April 20, 2017; and WHEREAS, the Borough Assembly, following the public hearing at the April 20, 2017 regular meeting, voted to adopted Ordinance FY2017-27. 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 of Ordinances. Section 2: Titles 3, 5, and 17 of the Kodiak Island Borough Code of Ordinances are amended to read as follows: Chapter 3.70 EXCISE TAX ON MARIJUANA 3.70.010 Applicability, purpose and authority. 3.70.020 Definitions. 3.70.030 Excise tax on marijuana. 3.70.040 Exemptions. 3.70.050 Tax returns. 3.70.060 Involuntary returns. 3.70.070 Amended tax returns. 3.70.080 Application of payments. 3.70.090 Prohibited acts and penalties. 3.70.100 Civil fraud. 3.70.110 Tax lien. 3.70.120 Interest on unpaid tax. 3.70.130 Taxpayer, licensee, or other person remedies. 3.70.140 Inspection and maintenance of documents and records. 3.70.150 Administrative regulations. 3.70.160 Confidentiality of records. 3.70.010 Applicability, purpose and authority. A. Applicability. Unless provided otherwise, this chapter shall apply to the taxation of all marijuana cultivated within the borough for commercial or retail sale purposes. including Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 2 of 21 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 35 of 349 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 Ill 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 AGENDA ITEM #9.A. marijuana cultivated by a standard marijuana cultivation facility and a limited marijuana cultivation facility. B. Purpose. The purpose of this section is to provide for the levy of an excise tax on mariivana cultivated within the borough by any marijuana cultivation facility, and the enforcement of such tax. C. Authority. This chapter and the regulations related to marijuana establishments herein are adopted pursuant to the authority granted by AS 17.38.100 and 29.35.010(6). 3.70.020 Definitions. "Flower and bud" means the hairy, sticky, or crystal -covered parts of mature female marijuana plants generally harvested for their high potency content. "Marijuana" has the meaning given in AS 17.38.900. "Marijuana cultivation facility" has the meaning given in AS 17.38.900 and includes both a standard marijuana cultivation facility and a limited mariivana cultivation facility as licensed under 3 AAC 306.300. "Mariivana product manufacturing facility" has the meaning given in AS 17.38.900. "Marijuana testing facility" has the meaning given in AS 17.38.900. "Ownership change" means: 1. If the licensee is a partnership, including a limited partnership, any change in the identity of the partners, or in the ownership percentages held by any partners: 2. If the licensee is a limited liability company, any change in the identity of the members, or in the ownership percentage held by any member; or 3. If the licensee is a corporation, any sale of corporate stocks to a person not currently an owner, or any change of the percentage ownership of an existing shareholder. "Retail marijuana store" has the meaning given in AS 17.38.900. "Transfer" means the exchange of marijuana, as defined under AS 17.38.900, with or without consideration, or by barter, between marijuana establishments, or within marijuana establishments possessing multiple permits, for commercial purposes. 3.70.030 Excise tax on marijuana. A. The borough hereby levies an excise tax on all mariivana cultivated in any facility licensed pursuant to 3 AAC 306.300, including standard marijuana cultivation facilities, and limited marijuana cultivation facilities. B. All nonexempt marijuana transferred from a mariivana cultivation facility shall be taxed as follows: 1. Any part of the flower and bud, as defined in 15 AAC 61.290, will be taxed, on a per -ounce basis, at a rate equal to twenty percent of any per -ounce excise tax imposed by the State of Alaska on the date of transfer pursuant to AS 43.61.010, or $10.00 per ounce, whichever is greater; 2. All remaining portions of the plant not included in subsection (B)(1)(a) of this section will be taxed, on a per -ounce basis, at a rate equal to twenty percent of Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 3 of 21 Insertion — Bold, Blue, Underlined Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 36 of 349 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 AGENDA ITEM O.A. any per -ounce excise tax imposed by the State of Alaska on the date of transfer pursuant to AS 43.61.010, or $3.00 per ounce, whichever is greater. C. A_marijuana cultivation facility that is also licensed as a marijuana product manufacturing facility must pay tax on all marijuana transferred from the cultivation facility to the product manufacturing facility for the month in which the marijuana was transferred. D. A mariluana cultivation facility that is also licensed as a retail marijuana store must pay tax on all mariluana transferred from the cultivation facility to the retail mariluana store for the month in which the mariluana was transferred. 3.70.040 Exemptions. A. The tax imposed under this chapter does not apply to mariluana if the state of Alaska prohibits the levying of this tax under AS 17.38. B. Transfers to a licensed mariluana testing facility are exempt from the excise tax on mariluana. 3.70.050 Tax returns. A. On or before thirty (30) days after the end of each month, licensees shall submit to the finance director a tax return, upon forms provided by the finance director, for each license, and submit payment for the taxes due as prescribed by the finance director. B. The return shall be signed under penalty of penury by the licensee or agent and shall include: 1. A copy of the tax return for that month submitted by the licensee to the Alaska Department of Revenue in accordance with 15 AAC 61.010: 2. The name and address of the licensee: 3. The name and address of the person filing the return, if different from the licensee; 4. The number of the zoning compliance permit issued under KIBC 17.15.060: 5. The name under which the mariivana cultivation facility is being operated; 6. A report setting forth the total amount of mariluana transferred from the marijuana cultivation facility in ounces, with fractional ounces calculated to the third decimal place, for the preceding month: 7. The amount of tax due: 8. Such other information and supporting documentation which may be required by the finance director. C. A mariluana cultivation facility licensed under this chapter shall file a tax return by thirty (30) days after the end of the previous month, even if it did not cultivate or transfer any mariivana in the borough during the preceding month. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 4 of 21 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 37 of 349 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 AGENDA ITEM #9.A. D. The taxes imposed under this chapter and the return required by this section must be received by the finance director or postmarked within thirty (30) days following the month covered by the return. E. A_separate tax return must be filed for each location when a taxpayer is operating in several locations within the borough. 3.70.060 Involuntary returns. If a licensee fails to file a return as required by this chapter, or when the finance director finds that a return is not supported by the records to be maintained pursuant to this chapter, the finance director may prepare and file a return on behalf of the licensee. Involuntary returns filed under this section may be premised upon any information that is available to the finance director, including, among other things, a copy of the materials the applicant submitted to the Alaska Department of Revenue in accordance with 15 AAC 61.010, and comparative data for similar businesses. A licensee for whom an involuntary return is filed under this section shall be subject to liability for the tax stated in the return, as well as subject to the penalties and interest provided for in this chapter. A return prepared by the finance director is prima facie, good and sufficient for all legal purposes. However, nothing prevents the licensee from presenting evidence on appeal to rebut the presumed sufficiency of a return prepared by the finance director, nor does the presumption of sufficiency alter the parties' respective burdens of proof once the licensee has presented evidence to rebut that presumption. 3.70.070 Amended tax returns. A_._Any tax return filed hereunder may be amended by the licensee within one year after the due date of the tax return being amended. No amendment by the licensee shall be allowed after this one-year period. B. Any tax return prepared and filed by the finance director on behalf of the licensee may be amended by the licensee within one year of the date filed by the finance director. No amendment_by the licensee shall be allowed after this one-year period. 3.70.080 Application of payments. Any ayment submitted to the finance director for any taxes, penalties, interest, or cost due under any provision of this chapter or any return or any finding or determination by the finance director under this chapter shall be credited to the monthly tax period for which it was remitted, first to the payment of costs and then to penalties, interest, and taxes in that order. 3.70.090 Prohibited acts and penalties. A. No person shall operate a marijuana cultivation facility within the borough without complying with the provisions of this chapter. Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 5 of 21 Insertion — Bold, Blue, Underlined Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 38 of 349 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 AGENDA ITEM #9.A. B._A penalty of ten (10) percent of the taxes due shall be incurred automatically when a person fails to pay the full amount of the tax due under this chapter within seven calendar days following its due date. 1. The penalty shall be computed on the unpaid balance of the tax liability as determined by the finance director. 2. Notice of the penalties incurred and to be incurred shall be given to the person responsible for payment of the taxes or for filing the return or report when such tax payment or return or report is delinquent for seven calendar days after its due date. 3. The penalties provided for in this section shall be in addition to all other penalties and interest for under this chapter. C. If a properly filed amended return reduces the total tax liability or the tax required to be paid, or the determent reduces the tax liability, the related penalty will be reduced accordingly. D. All penalties and remedies enumerated in this chapter are cumulative. E. Unless otherwise provided in this section, any person who violates or fails to comply with the provisions of this chapter shall be personally liable for all costs, interests, penalties and taxes due under this chapter plus a penalty equal to ten (10) percent of the tax due. For good cause shown, the finance director may waive or reduce all or part of any penalty imposed under this subsection. 3.70.100 Civil fraud. A. A civil fraud penalty may be assessed against a person in addition to a penalty for failure to file or failure to pay. B. If it is determined by the finance director that a tax deficiency or part of a tax deficiency is due to fraud, then a penalty will be added to the tax. The penalty is 50 percent of the deficiency due or $500.00, whichever is greater. The penalty is computed on the total amount of the deficiency due. C. Fraud is the intentional misrepresentation of a material fact with the intent to evade payment of tax which the person is believed to owe. The person must have had knowledge of its falsity and intended that it be acted upon or accepted as the truth. D. To establish civil fraud, the finance director must prove by clear and convincing evidence that: 1. The tax liability was understated: and 2. The understatement was the result of an intent to evade tax. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 6 of 21 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 39 of 349 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 AGENDA ITEM #9.A. E. An intent to evade tax may be demonstrated by any relevant evidence, including but not limited to the following: 1. The person has provided false explanations regarding understated or omitted amounts of marijuana cultivated or transferred: 2. The person has provided falsified or incomplete source documents; 3. The person has not justified an omission or understatement of a significant amount of marijuana cultivated or transferred: 4. The person has substantially overstated a deduction and has failed to justify the overstatement. 3.70.110 Tax lien. A. If any person who is liable to pay a tax or license fee under this chapter neglects or refuses to pay the tax or licensee fee after demand, the amount, including interest, additional amounts, or assessable penalty together with costs, is a lien in favor of the borough upon all property and rights to property, real or personal, belonging to that person. B. The lien imposed by this section arises upon delinquency and continues until the amount is paid or a judgment against the person arising out of the liability is satisfied. C. A lien arising out of a tax due under this chapter, including the penalties and interest on the tax, shall be prior, paramount, and superior to all other liens, mortgages, hypothecation, conveyances, and assignments, upon all real and personal property of the person liable for the tax and upon all the real and personal property used with the permission of the owner to carry on the business which is subject to the tax. D. The lien on personal and real property may be enforced in a manner similar to that provided by AS 29.45.300 through 29.45.480 for enforcement of real and personal Property tax liens. 3.70.120 Interest on unpaid tax. In addition to any penalties imposed bV this chapter, interest at the rate of ten 1101 percent per annum shall be charged on the unpaid balance of delinquent taxes. 3.70.130 Taxpayer, licensee, or other person remedies. A. Any person aggrieved by any action of the finance director in issuing, suspending, revoking, or refusing to issue any license under this chapter or in fixing the amount of taxes, penalties, interest, or costs under this chapter may apply to the borough clerk and request a hearing within 30 days from the date the finance director mails the notice of the finance director action. Upon timely application under this subsection or a hearing, the assembly shall hold a hearing to determine whether a correction is warranted. Hearings before the assembly under this subsection may, at the option of the assembly, be conducted by an administrative hearing officer designated by the assembly. The hearing officer shall conduct the hearing and prepare findings and conclusions. These findings Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 7 of 21 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 40 of 349 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 AGENDA ITEM #9.A. and conclusions must be forwarded to the assembly for adoption, resection, or modification and issuance of a final order or decision by the assembly. An application for a hearing must notify the borough clerk of the specific action complained of and amount of tax, interest, cost, or penalty contested and the reason it is contested. After receipt of a written decision by the assembly, a person may appeal to the Superior Court of the Third Judicial District in accordance with the Alaska Appellate Court rules. The person shall be given access to the department's file in the matter for preparation of the appeal. B. A request for appeal is filed on the date it is personally delivered, or is delivered to the borough clerk by the United States Postal Service, the date of the postmark stamped on the properly addressed cover in which the request is mailed. If the due date falls on Saturday. Sunday, or a borough observed holiday, the due date is the next working day. A_current mailing address must be provided to the borough clerk with the request for appeal, and any change in mailing address after the request for appeal is filed must be reported to the borough clerk. C. If the notice to the person pursuant to subsection (A) of this section shows an amount due, the uncontested portion of the amount due must be paid within 30 days after the date of the notice. If the uncontested amount is not paid within 30 days, collection action will be taken on that amount even if the person has filed a request for appeal. Payment of the total amount due may be made any time before the hearing. If the finance director has reason to believe that collection of the total amount due might jeopardize by delay, immediate payment of the total amount will be demanded and the finance director may Pursue any collection remedies provided by law. Payment in full does not affect the person's right to a hearing. D. If a_person requests a hearing and fails to appear at the hearing, the assembly or hearing officer may issue a decision without taking evidence from that person, unless that person shows reasonable cause for failure to appear within seven days after the date scheduled for the hearing. E. Taxes, licenses fees, penalties and interest declared to be due in the final administrative decision must be paid within thirty (30) days after the date of the decision, or a bond must be filed with the court in accordance with the Alaska Court Rules of Appellate Procedures. 3.70.140 Inspection and maintenance of documents and records. A. MaJuana cultivation facilities shall keep complete and accurate records to support the information to be included in the monthly tax returns required by this chapter, including information regarding transfers. The records must include an accounting that inventories live plants, trimmings, and any dried product on the first and last day of each month including: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 8 of 21 Version 2 Ordinance No. FY2017-27 Amending KI BC Chapters 3, 5, And 17 ... Page 41 of 349 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 AGENDA ITEM O.A. 1. An invoice, sales receipt or other record memorializing the transfer of marijuana from a marijuana cultivation facility, which must separately state the amount of tax due after the sale or transfer. B. Any person selling mariivana at a retail marijuana store who cannot produce records showing taxes were paid on any marijuana in their possession are secondarily liable for the unpaid tax on marijuana. C. Persons subiect to the chapter shall keep such other documents and records as the finance director prescribes. D. The finance director may, after twenty-four (24) hour notice and during business hours, enter the business premises of a licensee under this chapter, so far as it may be necessary for the purpose of examining such products and the related business records. 3.70.150 Administrative regulations. The finance director may adopt policies and procedures providing for the application and interpretation of this chapter and provide forms for reporting and collecting the tax imposed by this chapter. 3.70.160 Confidentiality of records. A. All tax returns, documents, records, and/or reports filed with the borough pursuant to this chapter and all data obtained from tax returns, documents, records, and/or reports are confidential as provided by KIBC 2.40.100 and may not be released for inspection by any person except the licensee, mayor, treasurer, borough attorney, or the assembly: provided, however, that such data may be released upon court order. B. It is the duty of the borough clerk to safely keep tax returns, documents, records, and/or reports and all data thereof secure from public and private inspection except as provided by this chapter. C. This section does not prohibit the borough from compiling and publishing statistical analysis concerning the data submitted; provided, that no identification of particular tax returns, documents, records, and/or reports is made. Nothing in this section shall be deemed to prohibit the internal auditor from examining the tax returns, documents, records, and/or reports; provided, that no information obtained from specific or identified tax returns shall be made available to persons other than those authorized to review them under subsection (A) of this section. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Chapter 5.02 MARIJUANA BUSINESSES Ordinance No. FY2017-27 Page 9 of 21 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 42 of 349 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 AGENDA ITEM #9.A. 5.02.010 Prohibitions. 5.02.020 Cooperation with State Marijuana Control Board. 5.02.030 State license renewal procedure. 5.02.040 New state license and transfer procedure. 5.02.050 Borough license for marijuana businesses—general. 5.02.060 Issuance of borough license for marijuana businesses. 5.02.070 Renewal of borough license for marijuana businesses. 5.02.080 Ownership change and transfer of borough license for marijuana businesses. 5.02.090 Suspension or revocation of license. 5.02.100 Fees. 5.02.010 Prohibitions. The commercial manufacture or sale of edible mariivana products as defined by state law is prohibited. 5.02.020 Cooperation with State Marijuana Control Board. It is declared the policy of the borough to cooperate with and aid the Marijuana Control Board for the State of Alaska in determining the fitness of applicants requesting a transfer, renewal, or issuance of a new marijuana business license. 5.02.030 State license renewal procedure. A. Upon receipt of notice from the Marijuana Control Board of the board's receipt of intent to approve the renewal of a marijuana business license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal: and 2. The clerk shall check with the Kodiak Police Department and Alaska State Troopers on the number of trouble reports at the place of business. Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion – Red, Strikeout Page 10 of 21 Insertion – Bold, Blue, Underlined Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 43 of 349 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 AGENDA ITEM O.A. B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Mariivana Control Board of continued nonobjection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly. 5.02.040 New state license and transfer procedure. A. Upon receipt of notice from the Mariivana Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new marijuana business license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new marijuana business license: 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business: 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the marijuana business license: and 4. The notice of intent to establish a new marijuana business license or transfer of location of an existing license shall be mailed to each landowner within 1.500 feet of the proposed location by the clerk. A transfer from one person to another of a marijuana business license, even if the location stays the same, shall be considered a request for a new marijuana business license by the Kodiak Island Borough. The applicant shall pay fees based on the adopted schedule of fees. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alaska Marijuana Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alaska Marijuana Control Board. 5.02.050 Borough license for marijuana businesses—general. A. A license required by this chapter is in addition to any other license required by law. B. A license issued by the borough shall include: 1. The name and address of the licensee: 2. The type of business to be conducted; 3. The address at which the business is conducted: 4. A license number: and S. The year for which the license is issued. C. The finance director may refuse to issue a license if there is reasonable cause to believe that the applicant has willfully withheld information or if there is reasonable Kodiak Island Borough, Alaska Deletion – Red, Strikeout Insertion – Bold, Blue, Underlined Ordinance No. FY2017-27 Page 11 of 21 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 44 of 349 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 AGENDA ITEM #9.A. cause to believe that information submitted in the application is false, misleading, or otherwise not made in good faith. D. A license issued under this chapter shall be prominently displayed at the licensee's place of business. E. A business whose license is lost, stolen, or defaced shall immediately file an application with the finance department for reissuance of the license for the balance of the unexpired year. 5.02.060 Issuance of borough license for marijuana businesses. A. Marijuana businesses are required to obtain a license from the borough finance department. In order to obtain this license an application must: 1_ Complete a licensing application form provided by the finance department; 2. Provide proof of initial zoning compliance, issued per KIBC 17.15.060; 3. Provide a copy of the State of Alaska Marijuana Business license issued by the Alaska Marijuana Control Board: 4. Provide a copy of the certificate(s) of registration for mariivana-specific taxes imposed in applicable jurisdictions: and 5. Pav licensing fee per KIBC 5.02.100. 5.02.070 Renewal of borough license for marijuana businesses. A. Marijuana businesses are required to renew their marijuana business license annually with the finance department. In order to renew their license a marijuana business must: 1. Provide a copy of the State of Alaska marijuana business license renewal issued by the Alaska Marijuana Control Board: and 2. Pav license renewal fee per KIBC 5.02.100. B._Marijuana business license renewal must occur prior to August 31 each calendar year. On or before June 30 each year, the finance director shall send written renewal notices to licensees at the address on file with the finance department. C. A licensee is not excused from filing a renewal application as required in this section, even if the licensee fails to receive a renewal notice from the finance director. D. Exceptions to KIBC 5.02.070(8) may be made on a case by case basis, based on the status of the marijuana business' license renewal application with the Alaska Mariivana Control Board. 5.02.080 Ownership change and transfer of borough license for marijuana businesses. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 12 of 21 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 45 of 349 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 AGENDA ITEM O.A. A. A license under this chapter is not transferrable and expires on the date of an ownership change. B. Transferors must surrender all licenses not later than 5 days after the effective date of an ownership change. C. Transferees must obtain a license per KIBC 5.02.060. Transferees must provide proof of conveyed interest. 5.02.090 Suspension or revocation of license. A. A licensee shall surrender a license with 5 days after: 1. A revocation of license: 2. A cessation of business: 3. A change of ownership: or 4. A change of place of business. B. The finance director may suspend or revoke a license under this chapter: 1. For violation of this chapter or a regulation of the borough adopted pursuant to this chapter; or 2. If a licensee ceases to act in the capacity for which the license was issued. C. No marijuana business whose license is suspended or revoked shall operate during suspension of revocation. No disciplinary proceeding or action is barred or abated by the expiration, surrender, or renewal of a license issued under this chapter. D. The borough clerk will inform the Alaska Marijuana Control Board of a licensee's failure to pay tax due or to file a return as required by KIBC 3.70.050 and will initiate license suspension or revocation proceedings by filing an accusation as provided in AS 17.38.090. 5.02.100 Fees. A. A part of the costs for processing marijuana business licenses shall be covered by a feepayable to the borough and shall be paid at the time of licensing. These fees will be established annually by resolution of the assembly. B. The finance director shall not refund any license fee paid pursuant to this chapter upon the surrender or revocation of a license after the beginning of the license year, with the exception that upon application, the finance director will refund a license fee shown to have been paid or collected in error. Chapter 17.15 GENERAL PROVISIONS AND USE REGULATIONS Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 13 of 21 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 46 of 349 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 AGENDA ITEM O.A. 17.15.120 Buffers for marijuana businesses In addition to anv buffers imposed by any other applicable state or federal law, marijuana businesses may not be established on or within 500 feet of school grounds. Chapter 17.20 FEES 17.20.010 Fees. A. A part of the costs for maps, legal publications, notices to affected property owners, and other administrative expenses involved in processing land use change applications shall be covered by a fee, established by resolution of the assembly, payable to the borough. The fees apply to the following: 1. A- Conditional use permit; 2. B- Contract zoning; 3. G Planning and zoning commission review; 4. 0-. Variance; and 5. Zoning change;.- and 6. Zoning compliance permit. Chapter 17.25 Definitions 17.25.020 A definitions. "Agricultural activities" means the production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to people. This does not include anv uses involving or related to commercial marijuana activities. "Airport elevation" means the established elevation of the highest point of the usable landing area. Airport, Municipal. "Municipal airport" means the City of Kodiak Municipal Airport and Lilly Lake. Airport, Utility. "Utility airport" means any airport in the borough designed and/or constructed to serve aircraft in approach category A (speed less than 91 knots). "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon "Alteration" means any change, addition, or modification in the construction, location, or use classification. Apartment House. For "apartment house," see "Dwelling, multiple -family," KIBC 17.25.050. "Approach surface" means an approach surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of a runway. The inner edge of the approach surface is the same width as the runway and it expands uniformly to a width of 1,500 feet of each end of the runway. The approach surface extends for a horizontal distance of 5,000 feet at a slope of 20:1. No building or structure may be constructed or erected nor may any other object be stored or placed in such a manner as to protrude into the approach surfaces. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 14 of 21 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 47 of 349 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 AGENDA ITEM #9.A. A. The approach surfaces for the municipal airport extend upward and outward from the south end of the existing lake surface (towards Larch Street) and the north end of the gravel runway (Von Scheele Way) only. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. 17.25.140 M definitions "Marijuana" means all parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate; "marijuana" does not include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products. "Marijuana Cultivation. Limited" means a legally licensed limited cultivation facility as defined by state law. State law dictates that an area less than 500 square feet may be under cultivation. "Marijuana Cultivation. Standard" means a legally licensed standard cultivation facility as defined by state law. No limit is set by state law on size of area under cultivation. "Marijuana manufacturing facility" means a legally licensed commercial marijuana product manufacturing facility as defined by state law, which can purchase marijuana, manufacture, prepare, and package marijuana products, and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores. These facilities may not sell marijuana products to consumers. "Marijuana retail store" means a legally licensed commercial retail marijuana store as defined by state law. A marijuana retail store may sell marijuana accessories as defined by state law. "Marijuana testing facility" means a legally licensed commercial marijuana testing facility defined by state law that is registered to analyze and certify the safety and potency of marijuana. "Motel" means a group of one or more detached or semidetached buildings containing two or more individual dwelling units and/or guest rooms, designed for or used temporarily by automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. Chapter 17.50 C—CONSERVATION DISTRICT 17.50.020 Permitted principal uses and structures. The following land uses and activities are permitted in the conservation district: A. All of the permitted principal uses and structures in the NU natural use zoning district; B. Agricultural activities and related structures, including commercial livestock grazing; with a written conservation plan between the land owner or lease holder and the Kodiak soil and water conservation district, in those areas historically established for livestock grazing consisting of Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 15 of 21 Insertion — Bold, Blue, Underlined Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 48 of 349 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 AGENDA ITEM O.A. the northeast portion of Kodiak Island east of a line drawn from Crag Point on Sharatin Bay to the mouth of Wild Creek in Ugak Bay, and including Chirikof Island and Sitkinak Island; C. Commercial fishing activities and related structures, including mariculture activities and related structures; D. Commercial guiding and/or outfitting activities (e.g., hunting, fishing, photography, etc.) and related structures (e.g., lodges) containing provisions for no more than six clients; E. Parks; F. Recreational activities (including recreational mining activities); G. Single-family dwellings/recreational cabins and associated home occupations; H. Timber harvesting activities and transportation and utility facilities constructed in support of permitted timber harvesting activities; I. Churches; J. Bed and breakfasts; K. Vacation homes; and L. Hoop houses; M. Mariluana cultivation, limited: and N. Marijuana cultivation, standard (lots equal to or greater than 5 acres). 17.50.040 Conditional Uses The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. All of the conditional uses in the NU natural use zoning district; B. Airstrips; C. Commercial livestock grazing, excluding those areas historically established for livestock grazing as described in KIBC17.50.020(B), where it is a permitted use; D. Lodges that have provisions for more than six clients; E. Logging camps and timber harvesting support facilities (e.g., log transfer facilities), including timber products processing facilities; F. Nonrecreational mineral extraction activities and related structures; G. Seafood processing facilities and related structures; H. Transportation and utility facilities not otherwise permitted and not otherwise used in conjunction with permitted uses (e.g., roads, pipelines, communications facilities, etc.); and I. Recreational vehicle parks;.- and J. Marijuana cultivation, standard (lots less than 5 acres). Chapter 17.60 RR2 — RURAL RESIDENTIAL TWO DISTRICT 17.60.030 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Fireworks stands; and B. Recreational vehicle parks -,Land C. Marijuana cultivation. limited (lots equal to or greater than 2 acres). Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 16 of 21 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 49 of 349 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 AGENDA ITEM #9.A. Chapter 17.70 RRi — RURAL RESIDENTIAL ONE DISTRICT 17.70.030 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Fireworks stands; and B. Recreational vehicle parks; and C. Mariluana cultivation. limited (lots equal to or greater than 40.000 square feet). Chapter 17.90 B — BUSINESS DISTRICT 17.90.020 Permitted uses. The following land uses and activities are permitted in the business district: A. Accessory buildings; B. Assembly halls; C. Art galleries; D. Automobile repair garages and dealerships; E. Banks; F. Building material suppliers; G. Dry-cleaning establishments; H. Eating and drinking establishments; I. Fraternal organizations and private clubs; J. Funeral parlors; K. Gasoline service stations; L. Government offices; M. Hotels; N. Laundry establishments; O. Libraries; P. Machine shops; Q. Marinas and boat moorage; R. Mini -warehouses; S. Motels; T. Multiple -family dwellings; U. Museums; V. Offices; W. Outdoor storage; X. Printing shops; Y. Professional offices and clinics; Z. Public parks and open spaces; AA. Recreational related uses; BB. Retail stores and services; Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 17 of 21 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 50 of 349 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 AGENDA ITEM O.A. CC. Single-family and two-family dwellings, if located within a structure containing a permitted business use, not exceeding 50 percent of the area of the structure, and not located on the street level of the structure except that an owner -occupied single-family dwelling may be allowed within a street level business structure, so long as the residential portion is predominantly located in the rear of the structure (away from the commercial building facade(s) for corner and multi -frontage lots), the use of the dwelling is subsidiary and incidental to the principal commercial use, and there is no indication, other than a separate entrance on the street level building facade, that a residential use is located within the structure; DD. Theaters; and EE. Radio stations; FF. Marijuana retail stores; GG. Marijuana testing facilities; and HH. Mariivana manufacturing facilities. 17.90.030 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Churches; B. Hospitals; C. Recreational vehicle parks; D. Mobile home parks; and E. Warehouses-; F. Marijuana cultivation, limited; and G. Marijuana cultivation, standard. Chapter 17.105 1— INDUSTRIAL DISTRICT 17.105.010 Permitted uses. The following uses of the land are permitted in the industrial district: A. All uses permitted in B business district, except residential; B. Aircraft, automobile and truck assembly or remodeling; C. Asphalt batch and mixing plant, manufacturing or refining; D. Assembly of music and vending machines; E. Auction business; F. Beverage manufacturing; G. Boat building, repair and storage; H. Cabinet shops; I. Concrete mixing batch plants; J. Coal storage yards; K. Dwelling units for a watchman or caretaker on the premises; L. Dyeing plants; M. Gravel or sand extraction; Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 18 of 21 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 51 of 349 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 AGENDA ITEM #9.A. N. Junkyards, wrecking, salvage or scrap metal operations; O. Lumber mills and sawmills; P. Lumberyard, building material manufacture or sales; Q. Machine or blacksmith shops; R. Manufacturing, servicing or repair of light consumer goods, such as appliances, batteries, furniture, and garments; S. Metal working or welding shops; T. Motor freight terminals; U. Outdoor storage; V. Paint shops; W. Public uses; X. Rock crushers; Y. Seafood processing establishments and their dormitories; Z. Sewage treatment plants; AA. Slaughterhouses; BB. Steel fabrication shops or yards; CC. Vehicle impound lots; DD. Vocational or trade schools; EE. Utility installations; and FF. Warehousing within an enclosed structure-; GG. Marijuana cultivation, limited: HH. Marijuana cultivation. standard: IL Marijuana manufacturing facilities; JJ. Mariivana retail stores; and KK. Marijuana testing facilities. Chapter 17.110 RB— RETAIL BUSINESS DISTRICT 17.110.020 Permitted principal uses and structures. The following land uses and activities are permitted in the retail business district: A. Automobile service stations; B. Boardinghouses, hotels and motels; C. Commercial recreational facilities (e.g., health clubs, racquetball courts, ice rinks, etc.); D. Multifamily dwellings (not located on the street level of the structure); E. Parks and playgrounds; F. Retail stores and service shops (e.g., beauty shops, grocery stores, clinics, professional offices, etc.); G. Restaurants and bars; H. Single-family and two-family dwellings, if located within a structure containing a permitted business use, not exceeding 50 percent of the area of the structure, and not located on the street level of the structure; I. Schools/daycare facilities; J. Shopping centers; aad Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 19 of 21 Insertion — Bold, Blue, Underlined Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 52 of 349 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 AGENDA ITEM #9.A. K. Theaters, auditoriums, community halls -1 L. Marijuana manufacturing facilities M. Marijuana retail stores; and N. Marijuana testing facilities. 17.110.040 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Automobile and boat sales, storage, and repair; B. Churches; C. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); D. Outdoor storage, when screened by a sight -obscuring fence a minimum of six feet in height; E. Utility and service uses (e.g., substations, etc.); F. Warehouses; G. Wholesaling and distributing operations (excluding bulk fuel operations); and H. Recreational vehicle parks-,* I. Marijuana cultivation; limited; and J. Marijuana cultivation, standard. Chapter 17.120 LI — LIGHT INDUSTRIAL DISTRICT 17.120.020 Permitted principal uses and structures. The following land uses and activities are permitted in the light industrial district: A. Automobile service stations; B. Automobile and boat sales, storage, and repair; C. Manufacturing (e.g., boat building, crab pot construction, cabinet making, welding and fabrication, etc.); D. Outdoor storage, when screened by a sight -obscuring fence a minimum of six feet in height; E. Retail stores and service shops (e.g., beauty shops, clinics, grocery stores, professional offices, etc.); F. Warehouses; G. Wholesaling and distributing operations (excluding bulk fuel operations); H. A dwelling unit used by the owner or by a caretaker, manager, and family when located on the premises where they are employed in such a capacity; I. Utility and service uses (e.g., substations, etc.); and J. Kodiak Municipal Airport (landing strip and Lilly Lake float plane access), until adequate replacement facilities are established -1 K. Marijuana cultivation, limited; L. Marijuana cultivation, standard; M. Marijuana manufacturing facilities; N. Mariivana retail stores; and O. Marijuana testing facilities. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 20 of 21 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 53 of 349 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 AGENDA ITEM #9.A. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF _ _ _ , 2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Nova M. Javier, MMC, Clerk Ordinance No. FY2017-27 Page 21 of 21 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 54 of 349 AGENDA ITEM #9.A. Marijuana Ordinance FY2017-27 Version 1 Suggested Changes. Scott Smiley EDIT 2 Note: see Line 343. Line 154. A. Change to: "On or before thirty (30) days after the end of each month, licensees shall submit to the finance director a tax return covering the previous month, upon forms provided by the finance director, for each license, and submit payment for the taxes due as prescribed by the finance director." Note: see Line 343. Line 175. C. Change to: "A marijuana cultivation facility licensed under this chapter shall file a tax return by thirty (30) days after the end of the previous month, even if the facility did not cultivate or transfer any marijuana during the previous month." Line 176. Be consistent, some places it is Borough other places borough. Make this change globally. Note: see Line 343. Line 179. D. Change to: "The taxes imposed under this chapter, and the return required by this section must be received by the finance director or postmarked within thirty (30) days following the month covered by the return." Line 243. Change: "plus a penalty equal to 30 percent of the tax due." to: "plus a penalty equal to an additional ten (10) percent of the tax due." The 30% penalty rate seems overly exuberant to me. Line 298. Section 3.70.120. Change: "rate of twelve (12) percent" to: "rate often (10) percent". See conflict with Alaskan usury rules. Alaska Legal Rate of Interest A.S. 45.45.010-.070 Line 343. Change: "within 30 days" to: "within thirty (30) days". This is inconsistent with Line 154. "month" Line 175. "month" and Line 179. "month". I chose "thirty (30) days" for greater clarity given that some months have more and one less than 30 days in them. Line 365. Add clause: "Upon prior notice..." Line 378. Add: "the licensee, mayor..." Line 386. Change: "evidence" to: "analysis" Line 440. "state troopers" and Line 465. "state troopers" Change to: "Kodiak Police Department and Alaska State Troopers". Line 580. Change: "1000 ft." to: "500 ft." Prefer State Standard to Federal. Line 628. Change: "cannabis" to: "Cannabis," the proper form for botanical identifications. Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 55 of 349 AGENDA ITEM #9.A. Line 674. Change: "5 acres" to: "20,000 ft2" Line 685. Change: "2 acres" to: "20,000 112" Line 686. Add: Chapter 17.70 RRI —RURAL RESIDENTIAL ONE DISTRICT 17.70.030 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Fireworks stands; and B. Recreational vehicle parks.; C. Marijuana cultivation, limited (on lots equal to or greater than 20,000 square feet); and D. Marijuana testing facilities. Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 56 of 349 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #9.A. Introduced by: KIB Assembly Drafted by: CDD Director Introduced on: 04/06/2017 Public Hearing Date: 04/20/2017 Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-27 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE TITLE 3 REVENUE AND FINANCE, TITLE 5 BUSINESS LICENSES AND REGULATIONS, AND TITLE 17 ZONING TO PROVIDE FOR REGULATIONS RELATING TO MARIJUANA BUSINESSES WHEREAS, the passage of Ballot Measure #2 in the 2014 State of Alaska Election has provided for the legalization of various marijuana -related activities on a specific timeline; and WHEREAS, AS 17.38.110 provides for local government control not in conflict with state law; and WHEREAS, the Kodiak Island Borough wishes to exercise the authority granted to it by AS 17.38.110; and WHEREAS, the Kodiak Island Borough implemented a moratorium on the operation of commercial marijuana businesses until April 30, 2017 through Ordinance No. FY2016-17A; and WHEREAS, the Kodiak Island Borough formed a Marijuana Task Force through the adoption of Resolution No. FY2016-31; and WHEREAS, the Marijuana Task Force developed recommendations for regulating marijuana businesses in the Kodiak Island Borough; and WHEREAS, in accordance with AS 29.40.020 the Planning and Zoning Commission discussed the proposed changes to Title 17 (Zoning) at work sessions, regular meetings, or special meetings on February 8, 2017, February 15, 2017, March 15, 2017, and March 22, 2017; and WHEREAS, the Planning and Zoning Commission, following the March 22, 2017 public hearing, failed to pass a motion to transmit their recommendations for revisions to Title 17 to the Borough Assembly; and WHEREAS, on March 23, 2017, two Planning and Zoning Commissioners filed a Reconsideration Affidavit with the Community Development Department stating their intent to reconsider the vote taken after the March 22, 2017 public hearing; and Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 1 of 20 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 57 of 349 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 AGENDA ITEM #9.A. WHEREAS, the Planning and Zoning Commission, at their April 19, 2017 regular meeting, voted to reconsider the vote taken after the March 22, 2017 public hearing and voted to transmit their recommendations for revisions to Title 17 to the Borough Assembly; and WHEREAS, the Borough Assembly discussed the proposed changes at work sessions and regular meetings on March 16, 2017, March 30, 2017, April 6, 2017, April 13, 2017, and April 20, 2017; and WHEREAS, the Borough Assembly, following the public hearing at the April 20, 2017 regular meeting, voted to adopted Ordinance FY2017-27. 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 of Ordinances. Section 2: Titles 3, 5, and 17 of the Kodiak Island Borough Code of Ordinances are amended to read as follows: Chapter 3.70 EXCISE TAX ON MARIJUANA 3.70.010 Applicability, purpose and authority. 3.70.020 Definitions. 3.70.030 Excise tax on marijuana. 3.70.040 Exemptions. 3.70.050 Tax returns. 3.70.060 Involuntary returns. 3.70.070 Amended tax returns. 3.70.080 Application of payments. 3.70.090 Prohibited acts and penalties. 3.70.100 Civil fraud. 3.70.110 Tax lien. 3.70.120 Interest on unpaid tax. 3.70.130 Taxpayer, licensee, or other person remedies. 3.70.140 Inspection and maintenance of documents and records. 3.70.150 Administrative regulations. 3.70.160 Confidentiality of records. 3.70.010 Applicability, purpose and authority. A. Applicability. Unless provided otherwise, this chapter shall apply to the taxation of all marijuana cultivated within the Borough for commercial or retail sale purposes, including mariluana cultivated by a standard marijuana cultivation facility and a limited marijuana cultivation facility. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 2 of 20 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 58 of 349 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 AGENDA ITEM O.A. B. Purpose. The purpose of this section is to provide for the levy of an excise tax on marijuana cultivated within the Borough by any mariivana cultivation facility, and the enforcement of such tax. C. A_ uthority. This chapter and the regulations related to marijuana establishments herein are adopted pursuant to the authority granted by AS 17.36.100 and 29.35.010(6). 3.70.020 Definitions. "Flower and bud" means the hairy, sticky, or crustal -covered parts of mature female marijuana plants generally harvested for their high potency content. "Marijuana" has the meaning given in AS 17.38.900. "Marijuana cultivation facility" has the meaning given in AS 17.38.900 and includes both a standard marijuana cultivation facility and a limited marijuana cultivation facility as licensed under 3 AAC 306.300. "Marijuana product manufacturing facility" has the meaning given in AS 17.38.900. "Marijuana testing facility" has the meaning given in AS 17.38.900. "Ownership change" means: 1. If the licensee is a partnership, including a limited partnership, any change in the identity of the partners, or in the ownership percentages held by any partners: 2. If the licensee is a limited liability company, any change in the identity of the members, or in the ownership percentage held by any member; or 3. If the licensee is a corporation, any sale of corporate stocks to a person not currently an owner, or any change of the percentage ownership of an existing shareholder. "Retail marijuana store" has the meaning given in AS 17.38.900. "Transfer" means the exchange of marijuana, as defined under AS 17.38.900, with or without consideration, or by barter, between marijuana establishments, or within mariivana establishments possessing multiple permits, for commercial purposes. 3.70.030 Excise tax on marijuana. A. The Borough hereby levies an excise tax on all mariivana cultivated in any facility licensed pursuant to 3 AAC 306.300, including standard marijuana cultivation facilities, and limited mariivana cultivation facilities. B. All nonexempt marijuana transferred from a marijuana cultivation facility shall be taxed as follows: 1. Any part of the flower and bud, as defined in 15 AAC 61.290, will be taxed, on a per -ounce basis, at a rate equal to twenty percent of any per -ounce excise tax imposed by the State of Alaska on the date of transfer pursuant to AS 43.61.010. or $10.00 per ounce, whichever is greater: 2. All remaining portions of the plant not included in subsection (B)(1)(a) of this section will be taxed, on a per -ounce basis, at a rate equal to twenty percent of any per -ounce excise tax imposed by the State of Alaska on the date of transfer pursuant to AS 43.61.010, or $3.00 per ounce, whichever is greater. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 3 of 20 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 59 of 349 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 AGENDA ITEM #9.A. C. A marijuana cultivation facility that is also licensed as a marijuana product manufacturing facility must pay tax on all marijuana transferred from the cultivation facility to the product manufacturing facility for the month in which the mariivana was transferred. D. A marijuana cultivation facility that is also licensed as a retail mariivana store must pay tax on all marijuana transferred from the cultivation facility to the retail marijuana store for the month in which the marijuana was transferred. 3.70.040 Exemptions. A. The tax imposed under this chapter does not apply to marijuana if the state of Alaska prohibits the levying of this tax under AS 17.38. B. Transfers to a licensed marijuana testing facility are exempt from the excise tax on marijuana. 3.70.050 Tax returns. A. On or before the last day of each calendar month a licensee shall submit to the finance director a tax return, upon forms provided by the finance director, for each license, and submit payment for the taxes due as prescribed by the finance director. B. The return shall be signed under penalty of periury by the licensee or agent and shall include: 1. A copy of the tax return for that month submitted by the licensee to the Alaska Department of Revenue in accordance with 15 AAC 61.010: 2. The name and address of the licensee: 3. The name and address of the person filing the return, if different from the licensee: 4. The number of the zoning compliance permit issued under KIBC 17.15.060: 5. The name under which the marijuana cultivation facility is being operated: 6. A report setting forth the total amount of mariivana transferred from the marijuana cultivation facility in ounces, with fractional ounces calculated to the third decimal place, for the preceding month; 7. The amount of tax due: 8. Such other information and supporting documentation which may be required by the finance director. C. A marijuana cultivation facility licensed under this chapter shall file a tax return each month, even if it did not cultivate or transfer any mariivana in the borough during the preceding month. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 4 of 20 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 60 of 349 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 AGENDA ITEM #9.A. D. The taxes imposed under this chapter and the return required by this section must be received by the finance director, or postmarked on or before the last day of each calendar month following the month covered by the return. E. A separate tax return must be filed for each location when a taxpayer is operating in several locations within the borough. 3.70.060 Involuntary returns. If a licensee fails to file a return as required by this chapter, or when the finance director finds that a return is not supported by the records to be maintained pursuant to this chapter, the finance director may prepare and file a return on behalf of the licensee. Involuntary returns filed under this section may be premised upon any information that is available to the finance director, including, among other things, a copy of the materials the applicant submitted to the Alaska Department of Revenue in accordance with 15 AAC 61.010, and comparative data for similar businesses. A licensee for whom an involuntary return is filed under this section shall be subject to liability for the tax stated in the return, as well as subject to the penalties and interest provided for in this chapter. A return prepared by the finance director is prima facie, good and sufficient for all legal purposes. However, nothing prevents the licensee from presenting evidence on appeal to rebut the presumed sufficiency of a return prepared by the finance director, nor does the presumption of sufficiency alter the parties' respective burdens of proof once the licensee has presented evidence to rebut that presumption. 3.70.070 Amended tax returns. A. Any tax return filed hereunder may be amended by the licensee within one year after the due date of the tax return being amended. No amendment by the licensee shall be allowed after this one-year period. B. Any tax return prepared and filed by the finance director on behalf of the licensee may be amended by the licensee within one year of the date filed by the finance director. No amendment by the licensee shall be allowed after this one-year period. 3.70.080 Application of payments. Any payment submitted to the finance director for any taxes, penalties, interest, or cost due under any provision of this chapter or any return or any finding or determination by the finance director under this chapter shall be credited to the monthly tax period for which it was remitted, first to the payment of costs and then to penalties, interest, and taxes in that order. 3.70.090 Prohibited acts and penalties. A. No person shall operate a marijuana cultivation facility within the borough without complying with the provisions of this chapter. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 5 of 20 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 61 of 349 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 AGENDA ITEM #9.A. B. A penalty of ten (10) percent of the taxes due shall be incurred automatically when a person fails to pay the full amount of the tax due under this chapter within seven calendar days following its due date. 1. The penalty shall be computed on the unpaid balance of the tax liability as determined by the finance director. 2. Notice of the penalties incurred and to be incurred shall be given to the person responsible for payment of the taxes or for filing the return or report when such tax payment or return or report is delinquent for seven calendar days after its due date. 3_ The penalties provided for in this section shall be in addition to all other penalties and interest for under this chapter. C. If a properly filed amended return reduces the total tax liability or the tax required to bid, or the determent reduces the tax liability, the related penalty will be reduced accordingly. D. All penalties and remedies enumerated in this chapter are cumulative. E. Unless otherwise provided in this section, any person who violates or fails to comply with the provisions of this chapter shall be personally liable for all costs, interests, penalties and taxes due under this chapter plus a penalty equal to 30 percent of the tax due. For good cause shown, the finance director may waive or reduce all or part of any penalty imposed under this subsection. 3.70.100 Civil fraud. A. A civil fraud penalty may be assessed against a person in addition to a penalty for failure to file or failure to pay. B. If it is determined by the finance director that a tax deficiency or part of a tax deficiency is due to fraud, then a penalty will be added to the tax. The penalty is 50 percent of the deficiency due or $500.00, whichever is greater. The penalty is computed on the total amount of the deficiency due. C. Fraud is the intentional misrepresentation of a material fact with the intent to evade Payment of tax which the person is believed to owe. The person must have had knowledge of its falsity and intended that it be acted upon or accepted as the truth. D. To establish civil fraud, the finance director must prove by clear and convincing evidence that: 1. The tax liability was understated: and 2. The understatement was the result of an intent to evade tax. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 6 of 20 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 62 of 349 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 AGENDA ITEM #9.A. E. An intent to evade tax may be demonstrated by any relevant evidence, including but not limited to the following: 1. The person has provided false explanations regarding understated or omitted amounts of marijuana cultivated or transferred: 2. The person has provided falsified or incomplete source documents: 3. The person has not justified an omission or understatement of a significant amount of marijuana cultivated or transferred: 4. The person has substantially overstated a deduction and has failed to justify the overstatement. 3.70.110 Tax lien. A. If any person who is liable to pay a tax or license fee under this chapter neglects or refuses to pay the tax or licensee fee after demand, the amount, including interest, additional amounts, or assessable penalty together with costs, is a lien in favor of the borough upon all property and rights to property, real or personal, belonging to that person. B. The lien imposed by this section arises upon delinquency and continues until the amount is paid or a judgment against the person arising out of the liability is satisfied. C. A lien arising out of a tax due under this chapter, including the penalties and interest on the tax, shall be prior, paramount, and superior to all other liens, mortgages, hypothecation, conveyances, and assignments, upon all real and personal property of the person liable for the tax and upon all the real and personal property used with the permission of the owner to carry on the business which is subject to the tax. D. The lien on personal and real property may be enforced in a manner similar to that provided by AS 29.45.300 through 29.45.480 for enforcement of real and personal property tax liens. 3.70.120 Interest on unpaid tax. In addition to any penalties imposed by this chapter, interest at the rate of twelve (12) percent per annum shall be charged on the unpaid balance of delinquent taxes. 3.70.130 Taxpayer, licensee, or other person remedies. A. Any person aggrieved by any action of the finance director in issuing, suspending, revoking, or refusing to issue anv license under this chapter or in fixing the amount of taxes, penalties, interest, or costs under this chapter may apply to the borough clerk and request a hearing within 30 days from the date the finance director mails the notice of the finance director action. Upon timely application under this subsection or a hearing, the assembly shall hold a hearing to determine whether a correction is warranted. Hearings before the assembly under this subsection may, at the option of the assembly, be conducted by an administrative hearing officer designated by the assembly. The hearing officer shall conduct the hearing and prepare findings and conclusions. These findings Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 7 of 20 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 63 of 349 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 AGENDA ITEM #9.A. and conclusions must be forwarded to the assembly for adoption, resection, or modification and issuance of a final order or decision by the assembly. An application for a hearing must notify the borough clerk of the specific action complained of and amount of tax, interest, cost, or penalty contested and the reason it is contested. After receipt of a written decision by the assembly, a person may appeal to the Superior Court of the Third Judicial District in accordance with the Alaska Appellate Court rules. The person shall be given access to the department's file in the matter for preparation of the appeal. B. A request for appeal is filed on the date it is personally delivered, or is delivered to the borough clerk by the United States Postal Service, the date of the postmark stamped on the properly addressed cover in which the request is mailed. If the due date falls on Saturday, Sunday, or a borough observed holiday, the due date is the next working day. A current mailing address must be provided to the borough clerk with the request for appeal, and any change in mailing address after the request for appeal is filed must be reported to the borough clerk. C. If the notice to the person pursuant to subsection (A) of this section shows an amount due, the uncontested portion of the amount due must be paid within 30 days after the date of the notice. If the uncontested amount is not paid within 30 days, collection action will be taken on that amount even if the person has filed a request for appeal. Payment of the total amount due may be made any time before the hearing. If the finance director has reason to believe that collection of the total amount due might jeopardize by delay, immediate payment of the total amount will be demanded and the finance director may Pursue any collection remedies provided by law. Payment in full does not affect the person's right to a hearing. D. If a person requests a hearing and fails to appear at the hearing, the assembly or hearing officer may issue a decision without taking evidence from that person, unless that person shows reasonable cause for failure to appear within seven days after the date scheduled for the hearing. E. Taxes, licenses fees, penalties and interest declared to be due in the final administrative decision must be paid within 30 days after the date of the decision, or a bond must be filed with the court in accordance with the Alaska Court Rules of Appellate Procedures. 3.70.140 Inspection and maintenance of documents and records. A. Mariivana cultivation facilities shall keep complete and accurate records to support the information to be included in the monthly tax returns required by this chapter, including information regarding transfers. The records must include an accounting that inventories live plants, trimmings, and any dried product on the first and last day of each month including: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 8 of 20 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 64 of 349 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 AGENDA ITEM #9.A. 1. An invoice, sales receipt or other record memorializing the transfer of mariivana from a marijuana cultivation facility, which must separately state the amount of tax due after the sale or transfer. B._Any person selling marijuana at a retail marijuana store who cannot produce records showing taxes were paid on any marijuana in their possession are secondarily liable for the unpaid tax on marijuana. C. Persons sublect to the chapter shall keep such other documents and records as the finance director prescribes. D. The finance director may, during business hours, enter the business premises of a licensee under this chapter, so far as it may be necessary for the purpose of examining such products and the related business records. 3.70.150 Administrative regulations. The finance director may adopt policies and procedures providing for the application and interpretation of this chapter and provide forms for reporting and collecting the tax imposed by this chapter. 3.70.160 Confidentiality of records. A. All tax returns, documents, records, and/or reports filed with the borough pursuant to this chapter and all data obtained from tax returns, documents, records, and/or reports are confidential as provided by KIBC 2.40.100 and may not be released for inspection by any person except the mayor, treasurer, borough attorney, or the assembly: provided, however, that such data may be released upon court order. B. It is the duty of the borough clerk to safely keep tax returns, documents, records, and/or reports and all data thereof secure from public and private inspection except as provided by this chapter. C. This section does not prohibit the borough from compiling and publishing statistical evidence concerning the data submitted; provided, that no identification of particular tax returns, documents, records, and/or reports is made. Nothing in this section shall be deemed to prohibit the internal auditor from examining the tax returns, documents, records, and/or reports; provided, that no information obtained from specific or identified tax returns shall be made available to persons other than those authorized to review them under subsection (A) of this section. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Chapter 5.02 MARIJUANA BUSINESSES Ordinance No. FY2017-27 Page 9 of 20 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 65 of 349 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 AGENDA ITEM #9.A. 5.02.010 Prohibitions. 5.02.020 Cooperation with State Marijuana Control Board. 5.02.030 State license renewal procedure. 5.02.040 New state license and transfer procedure. 5.02.050 Borough license for marijuana businesses—general. 5.02.060 Issuance of borough license for marijuana businesses. 5.02.070 Renewal of borough license for marijuana businesses. 5.02.080 Ownership change and transfer of borough license for marijuana businesses. 5.02.090 Suspension or revocation of license. 5.02.100 Fees. 5.02.010 Prohibitions. The commercial manufacture or sale of edible marijuana products as define by state law is prohibited. 5.02.020 Cooperation with State Marijuana Control Board. It is declared the policy of the borough to cooperate with and aid the Marijuana Control Board for the State of Alaska in determining the fitness of applicants requesting a transfer, renewal, or issuance of a new marijuana business license. 5.02.030 State license renewal procedure. A. Upon receipt of notice from the Marijuana Control Board of the board's receipt of intent to approve the renewal of a marijuana business license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal: and 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business. Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion – Red, Strikeout Page 10 of 20 Insertion – Bold, Blue, Underlined Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 66 of 349 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 AGENDA ITEM #9.A. B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Marijuana Control Board of continued nonobjection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly. 5.02.040 New state license and transfer procedure. A. Upon receipt of notice from the Marijuana Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new marijuana business license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new marijuana business license: 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the marijuana business license; and 4. The notice of intent to establish a new mariivana business license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a marijuana business license, even if the location stays the same, shall be considered a request for a new marijuana business license by the Kodiak Island Borough. The applicant shall pay fees based on the adopted schedule of fees. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alaska Marijuana Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alaska Marijuana Control Board. 5.02.050 Borough license for marijuana businesses—general. A. A license required by this chapter is in addition to any other license required by law. B. A license issued by the borough shall include: 1. The name and address of the licensee; 2. The type of business to be conducted: 3. The address at which the business is conducted: 4. A license number; and 5. The year for which the license is issued. C. The finance director may refuse to issue a license if there is reasonable cause to believe that the applicant has willfully withheld information or if there is reasonable Kodiak Island Borough, Alaska Deletion – Red, Strikeout Insertion – Bold, Blue, Underlined Ordinance No. FY2017-27 Page 11 of 20 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 67 of 349 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 AGENDA ITEM #9.A. cause to believe that information submitted in the application is false, misleading, or otherwise not made in good faith. D. A license issued under this chapter shall be prominently displayed at the licensee's place of business. E. A business whose license is lost, stolen, or defaced shall immediately file an application with the finance department for reissuance of the license for the balance of the unexpired year. 5.02.060 Issuance of borough license for marijuana businesses. A. Marijuana businesses are required to obtain a license from the borough finance department. In order to obtain this license an application must: 1. Complete a licensing application form provided by the finance department: 2. Provide proof of initial zoning compliance, issued per KIBC 17.15.060: 3. Provide a copy of the State of Alaska Marijuana Business license issued by the Alaska Marijuana Control Board; 4. Provide a copy of the certificate(s) of registration for marijuana -specific taxes imposed in applicable jurisdictions: and 5. Pay licensing fee per KIBC 5.02.100. 5.02.070 Renewal of borough license for mariivana businesses. A. Mariluana businesses are required to renew their marijuana business license annually with the finance department. In order to renew their license a marijuana business must: 1. Provide a copy of the State of Alaska marijuana business license renewal issued by the Alaska Mariivana Control Board; and 2. Pay license renewal fee per KIBC 5.02.100. B. Mariivana business license renewal must occur prior to August 31 each calendar year. On or before June 30 each year, the finance director shall send written renewal notices to licensees at the address on file with the finance department. C. A licensee is not excused from filing a renewal application as required in this section, even if the licensee fails to receive a renewal notice from the finance director. D. Exceptions to KIBC 5.02.070(B) may be made on a case by case basis, based on the status of the marijuana business' license renewal application with the Alaska Mariivana Control Board. 5.02.080 Ownership change and transfer of borough license for marijuana businesses. Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 12 of 20 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 68 of 349 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 AGENDA ITEM #9.A. A. A license under this chapter is not transferrable and expires on the date of an ownership change. B. Transferors must surrender all licenses not later than 5 days after the effective date of an ownership change. C. Transferees must obtain a license per KIBC 5.02.060. Transferees must provide proof of conveyed interest. 5.02.090 Suspension or revocation of license. A. A licensee shall surrender a license with 5 days after: 1. A revocation of license: 2. A cessation of business: 3. A change of ownership: or 4. A change of place of business. B. The finance director may suspend or revoke a license under this chapter: 1. For violation of this chapter or a regulation of the borough adopted pursuant to this chapter; or 2. If a licensee ceases to act in the capacity for which the license was issued. C. No marijuana business whose license is suspended or revoked shall operate during suspension of revocation. No disciplinary proceeding or action is barred or abated by the expiration, surrender, or renewal of a license issued under this chapter. D. The borough clerk will inform the Alaska Marijuana Control Board of a licensee's failure to pay tax due or to file a return as required by KIBC 3.70.050 and will initiate license suspension or revocation proceedings by filing an accusation as provided in AS 17.38.090. 5.02.100 Fees. A. A part of the costs for processing mariivana business licenses shall be covered by a fee payable to the borough and shall be paid at the time of licensing. These fees will be established annually by resolution of the assembly. B. The finance director shall not refund any license fee paid pursuant to this chapter upon the surrender or revocation of a license after the beginning of the license year, with the exception that upon application, the finance director will refund a license fee shown to have been paid or collected in error. Chapter 17.15 GENERAL PROVISIONS AND USE REGULATIONS Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 13 of 20 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 69 of 349 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 AGENDA ITEM #9.A. 17.15.120 Buffers for marijuana businesses In addition to anv buffers imposed by any other applicable state or federal law, marijuana businesses may not be established on or within 1000 600 feet of school grounds. Chapter 17.20 FEES 17.20.010 Fees. A. A part of the costs for maps, legal publications, notices to affected property owners, and other administrative expenses involved in processing land use change applications shall be covered by a fee, established by resolution of the assembly, payable to the borough. The fees apply to the following: 1. A- Conditional use permit; 2. B- Contract zoning; 3. G- Planning and zoning commission review; 4. B- Variance; aad 5. E—. Zoning change;: and 6. Zoning compliance permit. Chapter 17.25 Definitions 17.25.020 A definitions. "Agricultural activities" means the production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to people. This does not include anv uses involving or related to commercial mariivana activities. "Airport elevation" means the established elevation of the highest point of the usable landing area. Airport, Municipal. "Municipal airport" means the City of Kodiak Municipal Airport and Lilly Lake. Airport, Utility. "Utility airport" means any airport in the borough designed and/or constructed to serve aircraft in approach category A (speed less than 91 knots). "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon "Alteration" means any change, addition, or modification in the construction, location, or use classification. Apartment House. For "apartment house," see "Dwelling, multiple -family," KIBC 17.25.050. "Approach surface" means an approach surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of a runway. The inner edge of the approach surface is the same width as the runway and it expands uniformly to a width of 1,500 feet of each end of the runway. The approach surface extends for a horizontal distance of 5,000 feet at a slope of 20:1. No building or structure may be constructed or erected nor may any other object be stored or placed in such a manner as to protrude into the approach surfaces. Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 14 of 20 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY2017-27 Amending KI BC Chapters 3, 5, And 17 ... Page 70 of 349 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 AGENDA ITEM #9.A. A. The approach surfaces for the municipal airport extend upward and outward from the south end of the existing lake surface (towards Larch Street) and the north end of the gravel runway (Von Scheele Way) only. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. 17.25.140 M definitions "Marijuana" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate; "marijuana" does not include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products. "Marijuana Cultivation, Limited" means a legally licensed limited cultivation facility as defined by state law. State law dictates that an area less than 500 square feet may be under cultivation. "Marijuana Cultivation. Standard" means a legally licensed standard cultivation facility as defined by state law. No limit is set by state law on size of area under cultivation. "Marijuana manufacturing facility" means a legally licensed commercial marijuana product manufacturing facility as defined by state law, which can purchase marijuana, manufacture, prepare, and package marijuana products, and sell marijuana and marijuana products to other mariivana product manufacturing facilities and to retail marijuana stores. These facilities may not sell marijuana products to consumers. "Marijuana retail store" means a legally licensed commercial retail marijuana store as defined by state law. A marijuana retail store may sell marijuana accessories as defined by state law. "Marijuana testing facility" means a legally licensed commercial marijuana testing facility defined by state law that is registered to analyze and certify the safety and potency of marijuana. "Motel" means a group of one or more detached or semidetached buildings containing two or more individual dwelling units and/or guest rooms, designed for or used temporarily by automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. Chapter 17.50 C — CONSERVATION DISTRICT 17.50.040 Conditional Uses The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. All of the conditional uses in the NU natural use zoning district; B. Airstrips; C. Commercial livestock grazing, excluding those areas historically established for livestock grazing as described in KIBC17.50.020(B), where it is a permitted use; Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 15 of 20 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 71 of 349 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 AGENDA ITEM #9.A. D. Lodges that have provisions for more than six clients; E. Logging camps and timber harvesting support facilities (e.g., log transfer facilities), including timber products processing facilities; F. Nonrecreational mineral extraction activities and related structures; G. Seafood processing facilities and related structures; H. Transportation and utility facilities not otherwise permitted and not otherwise used in conjunction with permitted uses (e.g., roads, pipelines, communications facilities, etc.); and I. Recreational vehicle parks,- and J._Mariivana cultivation, limited (on lots equal to or greater than 5 acres). Chapter 17.60 RR2 — RURAL RESIDENTIAL TWO DISTRICT 17.60.030 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Fireworks stands; and B. Recreational vehicle parks -.Land C. Marijuana cultivation. limited (on lots equal to or greater than 2 acres). Chapter 17.90 B — BUSINESS DISTRICT 17.90.020 Permitted uses. The following land uses and activities are permitted in the business district: A. Accessory buildings; B. Assembly halls; C. Art galleries; D. Automobile repair garages and dealerships; E. Banks; F. Building material suppliers; G. Dry-cleaning establishments; H. Eating and drinking establishments; I. Fraternal organizations and private clubs; J. Funeral parlors; K. Gasoline service stations; L. Government offices; M. Hotels; N. Laundry establishments; O. Libraries; P. Machine shops; O. Marinas and boat moorage; R. Mini -warehouses; Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 16 of 20 Version 1 Ordinance No. FY2017-27 Amending KI BC Chapters 3, 5, And 17 ... Page 72 of 349 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 AGENDA ITEM #9.A. S. Motels; T. Multiple -family dwellings; U. Museums; V. Offices; W. Outdoor storage; X. Printing shops; Y. Professional offices and clinics; Z. Public parks and open spaces; AA. Recreational related uses; BB. Retail stores and services; CC. Single-family and two-family dwellings, if located within a structure containing a permitted business use, not exceeding 50 percent of the area of the structure, and not located on the street level of the structure except that an owner -occupied single-family dwelling may be allowed within a street level business structure, so long as the residential portion is predominantly located in the rear of the structure (away from the commercial building facade(s) for corner and multi -frontage lots), the use of the dwelling is subsidiary and incidental to the principal commercial use, and there is no indication, other than a separate entrance on the street level building facade, that a residential use is located within the structure; DD. Theaters; and EE. Radio stations; FF. Marijuana retail stores; and GG. Marijuana testing facilities. 17.90.030 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Churches; B. Hospitals; C. Recreational vehicle parks; D. Mobile home parks; and E. Warehouses-; F. Marijuana cultivation, limited; G. Marijuana cultivation, standard; and H. Marijuana manufacturing facilities. Chapter 17.105 1— INDUSTRIAL DISTRICT 17.105.010 Permitted uses. The following uses of the land are permitted in the industrial district: A. All uses permitted in B business district, except residential; B. Aircraft, automobile and truck assembly or remodeling; C. Asphalt batch and mixing plant, manufacturing or refining; Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 17 of 20 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 73 of 349 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 AGENDA ITEM #9.A. D. Assembly of music and vending machines; E. Auction business; F. Beverage manufacturing; G. Boat building, repair and storage; H. Cabinet shops; I. Concrete mixing batch plants; J. Coal storage yards; K. Dwelling units for a watchman or caretaker on the premises; L. Dyeing plants; M. Gravel or sand extraction; N. Junkyards, wrecking, salvage or scrap metal operations; O. Lumber mills and sawmills; P. Lumberyard, building material manufacture or sales; Q. Machine or blacksmith shops; R. Manufacturing, servicing or repair of light consumer goods, such as appliances, batteries, furniture, and garments; S. Metal working or welding shops; T. Motor freight terminals; U. Outdoor storage; V. Paint shops; W. Public uses; X. Rock crushers; Y. Seafood processing establishments and their dormitories; Z. Sewage treatment plants; AA. Slaughterhouses; BB. Steel fabrication shops or yards; CC. Vehicle impound lots; DD. Vocational or trade schools; EE. Utility installations; and FF. Warehousing within an enclosed structure -1 GG. Marijuana cultivation, limited; HH. Mariivana cultivation. standard; II. Mariivana manufacturing facilities; JJ. Mariivana retail stores; and KK. Mariivana testing facilities. Chapter 17.110 RB — RETAIL BUSINESS DISTRICT 17.110.020 Permitted principal uses and structures. The following land uses and activities are permitted in the retail business district: A. Automobile service stations; B. Boardinghouses, hotels and motels; C. Commercial recreational facilities (e.g., health clubs, racquetball courts, ice rinks, etc.); Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 18 of 20 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 74 of 349 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 AGENDA ITEM #9.A. D. Multifamily dwellings (not located on the street level of the structure); E. Parks and playgrounds; F. Retail stores and service shops (e.g., beauty shops, grocery stores, clinics, professional offices, etc.); G. Restaurants and bars; H. Single-family and two-family dwellings, if located within a structure containing a permitted business use, not exceeding 50 percent of the area of the structure, and not located on the street level of the structure; I. Schools/daycare facilities; J. Shopping centers; and K. Theaters, auditoriums, community halls and J. Marijuana retail stores. 17.110.040 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Automobile and boat sales, storage, and repair; B. Churches; C. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); D. Outdoor storage, when screened by a sight -obscuring fence a minimum of six feet in height; E. Utility and service uses (e.g., substations, etc.); F. Warehouses; G. Wholesaling and distributing operations (excluding bulk fuel operations); and H. Recreational vehicle parks:; I. Marijuana cultivation: limited: J. Mariivana cultivation, standard: and K. Marituana manufacturing facilities. Chapter 17.120 LI — LIGHT INDUSTRIAL DISTRICT 17.120.020 Permitted principal uses and structures. The following land uses and activities are permitted in the light industrial district: A. Automobile service stations; B. Automobile and boat sales, storage, and repair; C. Manufacturing (e.g., boat building, crab pot construction, cabinet making, welding and fabrication, etc.); D. Outdoor storage, when screened by a sight -obscuring fence a minimum of six feet in height; E. Retail stores and service shops (e.g., beauty shops, clinics, grocery stores, professional offices, etc.); F. Warehouses; G. Wholesaling and distributing operations (excluding bulk fuel operations); Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-27 Page 19 of 20 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 75 of 349 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 AGENDA ITEM #9.A. H. A dwelling unit used by the owner or by a caretaker, manager, and family when located on the premises where they are employed in such a capacity; I. Utility and service uses (e.g., substations, etc.); and J. Kodiak Municipal Airport (landing strip and Lilly Lake float plane access), until adequate replacement facilities are established -1 K. Marijuana cultivation. limited; L. _Marijuana cultivation, standard; M. Marijuana manufacturing facilities; N. Marijuana retail stores; and O. Marijuana testing facilities. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Nova M. Javier, MMC, Clerk Ordinance No. FY2017-27 Page 20 of 20 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 76 of 349 AGENDA ITEM #9.A. Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... page 77 of 349 m .j i N U O1 w@ Vl O co @ E 7 @ CC O N C > O « 7 ♦ C U ` O L) 2 U@ CO O U N@ E C 04 0 0)@ w E a c c c c CL c E c y ^ >? a@ U C ECL � m @ o v Lo C Co m C L @ N ' @ — —o. ate—. 6 a) V o W-03 E O o m al vim ° N d m m m O o m m m d m m E m m �a222 22 �I C :p 0 VV U — T O p' ca ca M jk U U M' Q CM a � o U `o 19 n !- a Cu ° C o c G Q. Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... page 77 of 349 AGENDA ITEM #9.A. Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... page 78 of 349 C' rA a' a � Q V � a o C U F E nom. Q p� d a' _ T m U N -0 o " a' = U > O a a a o CL U U Q CL N N-rur '6 i C a NQ iS LB 0 C C m UC Q 0 O N (C fC C CL 3 N � c 1�►f1 m d c a O y ym N Z •� O V1 E y a C a N Fz N //11 11 U N °y \V o 'O (0 U' CO C -j @ y m E o m ok (D U Y '° m c C N y m� Vj! d} � E X o W IN UY Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... page 78 of 349 Memorandum AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Date: March 16, 2017 To: Planning and Zoning Commission From: Community Development Department RE: Case No. 17-018 Supplemental Memo and Updated Staff Recommendations At the March 15, 2017 work session, the Commission discussed several proposed changes to the Title 17 regulations included in Ordinance No. FY 2017-27. Based on this discussion, staffed drafted a substitute ordinance for the Commission's consideration at the March 22, 2017 regular meeting. A summary of the changes is as follows: • The 20,000 square foot parcel size qualifier for limited cultivation as a conditional use in the C -Conservation District was changed to 5 acres. • The 20,000 square foot parcel size qualifier for limited cultivation as a conditional use in the RR2-Rural Residential Two District was changed to 2 acres. • Marijuana testing facilities was removed as a conditional use in the RR2-Rural Residential Two District. • Limited cultivation and marijuana testing facilities were removed as conditional uses in the RR1-Rural Residential One District. • Marijuana testing facilities was added as a permitted use in the B -Business, 1 -Industrial, and LI -Light Industrial Districts. • The school zone buffer was extended from 500 feet to 1,000 feet. UPDATED RECOMMENDATION Staff recommends that the Commission approve the substitution with Ordinance No. FY2017-27 Version 2 and subsequently approve the main motion, as amended. CURRENT MOTION BEFORE THE COMMISSION Recommend that the Assembly of the Kodiak Island Borough approve Ordinance No. FY2017-27 amending Title 17 KIBC (Zoning) and to adopt the findings of fact listed in the staff report dated February 1, 2017 and entered into the record for this case as "Findings of Fact' for Case No. 17-018. Case No. 17-0181nfarmation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 79 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-13 P 8 Z REGULAR MEETINGMARCH 22, 2017 AMEND BY SUBSTITUTION Should the Commission wish to amend by substitution, the appropriate motion is: Move to amend Ordinance No. FY 2017-27 by substitution with Ordinance FY2017-27 Version 2. The main motion becomes: Recommend that the Assembly of the Kodiak Island Borough approve Ordinance No. FY2017-27, as amended by substitution, amending Title 17 KIBC (Zoning) and to adopt the findings of fact listed in the staff report dated February 1, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17- 018. FINDINGS OF FACT (KIBC 17.205.020) 1. Registered voters in the Kodiak Island Borough voted to legalize select marijuana establishments under State of Alaska Ballot Measure #2 in 2014. 2. AS 17.38.110 provides for the implementation of local controls for marijuana establishments. 3. Current KIBC Title 17 (Zoning) does not include regulatory requirements for marijuana establishments and does not list them as a permitted use in any zoning district. 4. The amendments to Title 17 KIBC provide the regulatory requirements for marijuana establishments in a manner consistent with similar uses within the Kodiak Island Borough. 5. The amendments to Title 17 KIBC are consistent with the adopted Comprehensive Plan goals and policies related to land use and economy. 6. The Planning and Zoning Commission recommends approval of the amendments to Title 17 KIBC. Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 80 of 349 I 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Version 2 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-27 Introduced by: Drafted by: CDD Director Introduced on: Public Hearing Date: Adopted on: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE TITLE 3 REVENUE AND FINANCE, TITLE 5 BUSINESS LICENSES AND REGULATIONS, AND TITLE 17 ZONING TO PROVIDE FOR REGULATIONS RELATING TO MARIJUANA BUSINESSES WHEREAS, the passage of Ballot Measure #2 in the 2014 State of Alaska Election has provided for the legalization of various marijuana -related activities on a specific timeline; and WHEREAS, AS 17.38.110 provides for local government control not in conflict with state law; and WHEREAS, the Kodiak Island Borough wishes to exercise the authority granted to it by AS 17.38.110; and WHEREAS, the Kodiak Island Borough formed a Marijuana Task Force through the adoption of Kodiak Island Borough Resolution No. FY2016-31; and WHEREAS, the Marijuana Task Force developed recommendations for regulating marijuana businesses in the Kodiak Island Borough; and WHEREAS, in accordance with AS 29.40.020 the Planning and Zoning Commission discussed the proposed changes to Title 17 (Zoning) at work sessions, regular meetings, or special meetings on February 8, 2017, February 15, 2017, March 15, 2017, and March 23, 2017: and WHEREAS, the Planning and Zoning Commission, following the public hearing at the March 23, 2017 regular meeting, voted to transmit recommendations as amended for revisions to Title 17 to the Borough Assembly; and WHEREAS, the Borough Assembly discussed the proposed changes at work sessions and regular meetings on March 30, 2017, April 6, 2017, April 13, 2017, and April 20, 2017; and WHEREAS, the Borough Assembly, following the public hearing at the April 20, 2017 regular meeting, voted to adopted Ordinance FY2017-27. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Case No. 17-018 Information Packet Ordinance No. FY2017-27 Page 1 of 9 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 81 of 349 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 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 of Ordinances. Section 2: Titles 3, 5, 17 of the Kodiak Island Borough Code of Ordinances are amended to read as follows: [PLACEHOLDER] [PLACEHOLDER] Title 3 REVENUE AND FINANCE Title 5 BUSINESS LICENSES AND REGULATIONS Chapter 17.15 GENERAL PROVISIONS AND USE REGULATIONS 17.15.120 Buffers for marijuana businesses In addition to any buffers imposed by any other applicable state or federal law, marijuana businesses may not be established on or within 1000 500 feet of school grounds. Chapter 17.20 FEES 17.20.010 Fees. A. A part of the costs for maps, legal publications, notices to affected property owners, and other administrative expenses involved in processing land use change applications shall be covered by a fee, established by resolution of the assembly, payable to the borough. The fees apply to the following: 1. A- Conditional use permit; 2. B. Contract zoning; 3. G Planning and zoning commission review; 4. a Variance; and 5.1=Zoning changed -and 6. Zoning compliance permit. Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 2 of 9 Insertion — Bold, Blue, Underlined Version 2 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 82 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING. MARCH 22, 2017 89 These fens will —be—established 90 ,'.�pn-0.011)(A). 91 92 Chapter 17.25 93 Definitions 94 95 17.25.020 A definitions. 96 "Agricultural activities" means the production, keeping, or maintenance, for sale, lease, or 97 personal use, of plants and animals useful to people. This does not include any uses 98 involving or related to commercial marijuana activities. 99 "Airport elevation" means the established elevation of the highest point of the usable landing 100 area. 101 Airport, Municipal. "Municipal airport" means the City of Kodiak Municipal Airport and Lilly Lake. 102 Airport, Utility. "Utility airport' means any airport in the borough designed and/or constructed to 103 serve aircraft in approach category A (speed less than 91 knots). 104 "Alley' means a public way designed and intended to provide only a secondary means of 105 access to any property abutting thereon 106 "Alteration" means any change, addition, or modification in the construction, location, or use 107 classification. 108 Apartment House. For "apartment house," see "Dwelling, multiple -family," KIBC 17.25.050. 109 "Approach surface" means an approach surface longitudinally centered on the extended runway 110 centerline and extending outward and upward from each end of a runway. The inner edge of the III approach surface is the same width as the runway and it expands uniformly to a width of 1,500 112 feet of each end of the runway. The approach surface extends for a horizontal distance of 5,000 113 feet at a slope of 20:1. No building or structure may be constructed or erected nor may any 1 14 other object be stored or placed in such a manner as to protrude into the approach surfaces. 1 15 A. The approach surfaces for the municipal airport extend upward and outward from the south 116 end of the existing lake surface (towards Larch Street) and the north end of the gravel runway 117 (Von Scheele Way) only. 118 "Automobile wrecking' means the dismantling of used motor vehicles or trailers or the storage or 119 sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. 120 121 17.25.140 M definitions 122 "Marijuana" means all parts of the plant of the genus cannabis whether growing or not. 123 the seeds thereof, the resin extracted from any part of the plant, and every compound. 124 manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, 125 including marijuana concentrate; "marijuana" does not include fiber produced from the 126 stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is 127 incapable of germination, or the weight of any other ingredient combined with marijuana 128 to prepare topical or oral administrations, food, drink, or other products. 129 "Mariivana Cultivation, Limited" means a legally licensed limited cultivation facility as 130 defined. by state law. State law dictates that an area less than 500 square feet may be 131 under cultivation. 132 "Marijuana Cultivation, Standard" means a legally licensed standard cultivation facility 133 as defined by state law. No limit is set by state law on size of area under cultivation. Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 3 of 9 Insertion — Bold, Blue, Underlined Version 2 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 83 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING. MARCH 22, 2017 134 "Ma_Juana manufacturing facility" means a legally licensed commercial mariivana 135 product manufacturing facility as defined by state law, which can purchase marijuana, 136 manufacture, prepare, and package marijuana products, and sell marijuana and 137 marijuana products to other marijuana product manufacturing facilities and to retail 138 marijuana stores. These facilities may not sell marijuana products to consumers. 139 "Mariivana retail store" means a legally licensed commercial retail marijuana store as 140 defined by state law. A marijuana retail store may sell mariivana accessories as defined 141 by state law. 142 "Mariivana testing facility" means a legally licensed commercial marijuana testing facility 143 defined by state law that is registered to analyze and certify the safety and potency of 144 marijuana. 145 "Motel' means a group of one or more detached or semidetached buildings containing two or 146 more individual dwelling units and/or guest rooms, designed for or used temporarily by 147 automobile tourists or transients, with a garage attached or parking space conveniently located 148 to each unit, including groups designated as auto courts, motor lodges, or tourist courts. 149 150 Chapter 17.50 151 C —CONSERVATION DISTRICT 152 153 17.50.040 Conditional Uses 154 The following land uses and activities may be allowed by obtaining a conditional use permit in 155 accordance with the provisions of Chapter 17.200 KIBC: 156 A. All of the conditional uses in the NU natural use zoning district; 157 B. Airstrips; 158 C. Commercial livestock grazing, excluding those areas historically established for livestock 159 grazing as described in KIBC17.50.020(B), where it is a permitted use; 160 D. Lodges that have provisions for more than six clients; 161 E. Logging camps and timber harvesting support facilities (e.g., log transfer facilities), including 162 timber products processing facilities; 163 F. Nonrecreational mineral extraction activities and related structures; 164 G. Seafood processing facilities and related structures; 165 H. Transportation and utility facilities not otherwise permitted and not otherwise used in 166 conjunction with permitted uses (e.g., roads, pipelines, communications facilities, etc.); and 167 I. Recreational vehicle parks;: and 168 J. Mariivana cultivation, limited ton lots equal to or greater than 5 acres 804880 -square 169 feetj. 170 171 Chapter 17.60 172 RR2 — RURAL RESIDENTIAL TWO DISTRICT 173 174 17.60.030 Conditional uses. 175 The following land uses may be allowed by obtaining a conditional use permit in accordance 176 with the provisions of Chapter 17.200 KIBC: 177 178 A. Fireworks stands; and Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 4 of 9 Insertion — Bold, Blue, Underlined Version 2 Case No. 17-0181nfarmalion Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 84 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-0 P & Z REGULAR MEETING. MARCH 22, 2017 179 B. Recreational vehicle parks 180 C._Marijuana cultivation, limited (on lots equal to or greater than 2 acres 20,980-sLtuare 181 teetZ,, and 182 B, -Marijuana test ng-iaeilifies. 183 184 GhapteF 17 70 185 ooi _ RURAL RESIDENTIAL ONE DISTRICT 186 187 . 188 The following 'arid uses may be allGwed by obtaiRing a Band tienal Use PeFFRit iR aGGeFd@RGe 189 With the . 190 191 A. FLiFBW9Fk6 Flands; and 192 R. RePrPRtiPnalvPhiAIe .....kms . 193 G. Marijuana Gultivatign, limited (on lots equal to aF gFeateF thaR 20,000 squaire feet)�a� 194 D. Marquana testing faGillties. 195 196 Chapter 17.90 197 B — BUSINESS DISTRICT 198 199 17.90.020 Permitted uses. 200 The following land uses and activities are permitted in the business district: 201 202 A. Accessory buildings; 203 B. Assembly halls; 204 C. Art galleries; 205 D. Automobile repair garages and dealerships; 206 E. Banks; 207 F. Building material suppliers; 208 G. Dry-cleaning establishments; 209 H. Eating and drinking establishments; 210 I. Fraternal organizations and private clubs; 211 J. Funeral parlors; 212 K. Gasoline service stations; 213 L. Government offices; 214 M. Hotels; 215 N. Laundry establishments; 216 O. Libraries; 217 P. Machine shops; 218 Q. Marinas and boat moorage; 219 R. Mini -warehouses; 220 S. Motels; 221 T. Multiple -family dwellings; 222 U. Museums; 223 V. Offices; Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 5 of 9 Insertion — Bold, Blue, Underlined Version 2 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KI BC Chapters 3, 5, And 17 ... Page 85 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 224 W. Outdoor storage; 225 X. Printing shops; 226 Y. Professional offices and clinics; 227 Z. Public parks and open spaces; 228 AA. Recreational related uses; 229 BB. Retail stores and services; 230 CC. Single-family and two-family dwellings, if located within a structure containing a permitted 231 business use, not exceeding 50 percent of the area of the structure, and not located on the 232 street level of the structure except that an owner -occupied single-family dwelling may be 233 allowed within a street level business structure, so long as the residential portion is 234 predominantly located in the rear of the structure (away from the commercial building facade(s) 235 for corner and multi -frontage lots), the use of the dwelling is subsidiary and incidental to the 236 principal commercial use, and there is no indication, other than a separate entrance on the 237 street level building facade, that a residential use is located within the structure; 238 DD. Theaters; and 239 EE. Radio stations.; and 240 FF. Marijuana retail stores; and 241 GG. Marijuana testing facilities. 242 243 17.90.030 Conditional uses. 244 The following land uses and activities may be allowed by obtaining a conditional use permit in 245 accordance with the provisions of Chapter 17.200 KIBC: 246 247 A. Churches; 248 B. Hospitals; 249 C. Recreational vehicle parks; 250 D. Mobile home parks; and 251 E. Warehouses7; 252 F. Marijuana cultivation. limited: 253 G. Marjjuana cultivation, standard: and 254 H. Mariivana manufacturing facilities. 255 256 Chapter 17.105 257 1— INDUSTRIAL DISTRICT 258 259 17.105.010 Permitted uses. 260 The following uses of the land are permitted in the industrial district: 261 262 A. All uses permitted in B business district, except residential; 263 B. Aircraft, automobile and truck assembly or remodeling; 264 C. Asphalt batch and mixing plant, manufacturing or refining; 265 D. Assembly of music and vending machines; 266 E. Auction business; 267 F. Beverage manufacturing; 268 G. Boat building, repair and storage; Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 6 of 9 Insertion — Bold, Blue, Underlined Version 2 Casa No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 86 of 349 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-13 P & Z REGULAR MEETING: MARCH 22, 2017 H. Cabinet shops; I. Concrete mixing batch plants; J. Coal storage yards; K. Dwelling units for a watchman or caretaker on the premises; L. Dyeing plants; M. Gravel or sand extraction; N. Junkyards, wrecking, salvage or scrap metal operations; O. Lumber mills and sawmills; P. Lumberyard, building material manufacture or sales; Q. Machine or blacksmith shops; R. Manufacturing, servicing or repair of light consumer goods, furniture, and garments; S. Metal working or welding shops; T. Motor freight terminals; U. Outdoor storage; V. Paint shops; W. Public uses; X. Rock crushers; Y. Seafood processing establishments and their dormitories; Z. Sewage treatment plants; AA. Slaughterhouses; BB. Steel fabrication shops or yards; CC. Vehicle impound lots; DD. Vocational or trade schools; EE. Utility installations; and FF. Warehousing within an enclosed structure -I GG. Mariivana cultivation, limited; HH. Mariivana cultivation. standard: II. Mariivana manufacturing facilities; -and JJ. Mariivana retail stores; and KK. Mariivana testing facilities. such as appliances, batteries, Chapter 17.110 RB — RETAIL BUSINESS DISTRICT 17.110.020 Permitted principal uses and structures. The following land uses and activities are permitted in the retail business district: A. Automobile service stations; B. Boardinghouses, hotels and motels; C. Commercial recreational facilities (e.g., health clubs, racquetball courts, ice rinks, etc.); D. Multifamily dwellings (not located on the street level of the structure); E. Parks and playgrounds; F. Retail stores and service shops (e.g., beauty shops, grocery stores, clinics, professional offices, etc.); Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 7 of 9 Insertion — Bold, Blue, Underlined Version 2 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 87 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 314 G. Restaurants and bars; 315 H. Single-family and two-family dwellings, if located within a structure containing a permitted 316 business use, not exceeding 50 percent of the area of the structure, and not located on the 317 street level of the structure; 318 I. Schools/daycare facilities; 319 J. Shopping centers; and 320 K. Theaters, auditoriums, community halls -wand 321 J. Marijuana retail stores. 322 323 17.110.040 Conditional uses. 324 The following land uses and activities may be allowed by obtaining a conditional use permit in 325 accordance with the provisions of Chapter 17.200 KIBC: 326 327 A. Automobile and boat sales, storage, and repair; 328 B. Churches; 329 C. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); 330 D. Outdoor storage, when screened by a sight -obscuring fence a minimum of six feet in height; 331 E. Utility and service uses (e.g., substations, etc.); 332 F. Warehouses; 333 G. Wholesaling and distributing operations (excluding bulk fuel operations); and 334 H. Recreational vehicle parks-; 335 I. Marijuana cultivation: limited; and 336 J. Marijuana cultivation, standard: and 337 K. Mariivana manufacturing facilities. 338 339 Chapter 17.120 340 LI — LIGHT INDUSTRIAL DISTRICT 341 342 17.120.020 Permitted principal uses and structures. 343 The following land uses and activities are permitted in the light industrial district: 344 345 A. Automobile service stations; 346 B. Automobile and boat sales, storage, and repair; 347 C. Manufacturing (e.g., boat building, crab pot construction, cabinet making, welding and 348 fabrication, etc.); 349 D. Outdoor storage, when screened by a sight -obscuring fence a minimum of six feet in height; 350 E. Retail stores and service shops (e.g., beauty shops, clinics, grocery stores, professional 351 offices, etc.); 352 F. Warehouses; 353 G. Wholesaling and distributing operations (excluding bulk fuel operations); 354 H. A dwelling unit used by the owner or by a caretaker, manager, and family when located on 355 the premises where they are employed in such a capacity; 356 I. Utility and service uses (e.g., substations, etc.); and 357 J. Kodiak Municipal Airport (landing strip and Lilly Lake float plane access), until adequate 358 replacement facilities are established:; Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 8 of 9 Insertion — Bold, Blue, Underlined Version 2 Case No. 17-01a Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 88 of 349 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 K. Marijuana cultivation, limited: L. Marijuana cultivation, standard: M. Mariivana manufacturing facilities; nd N. Mariivana retail stores: and O. Marijuana testing facilities. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 slates an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: ATTEST: Nova M. Javier, MMC, Clerk Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Case No. 17-018 Information Packet Ordinance No. FY2017-27 Page 9 of 9 Version 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 89 of 349 AGENDA ITEM #9.A. s N N N U K Q ri W rW K zm ag =w N U� C m� co U E2 as � m U H C Na) w d y O) N � J a) C U C 7 3 N 7 t - u m JT 7 y � v C C � m C m a fa o IO 7 m C N d � � (0 O � O N w t0 U � m ` w m U C m o O 7 (n (n 2 U UtMco v � in m c O N -a a) U) O O- O EL a a y � u _ = a E - o n ;S n Ordinance No. FY2017-27 Amending KI BC U C O 'O w d � J U 3 t - u m y � m � m C O IO � N d � � O N U � 0] C m U C m � .� Chapters 3, 5, And 17 ... Page 90 of 349 Memorandum AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING. MARCH 22, 2017 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Date: March 10, 2017 To: Planning and Zoning Commission From: Community Development Department RE: Case No. 17-018 Supplemental Memo At the February 15, 2017 Special Meeting the Planning & Zoning Commission postponed Case No. 17-018 relating to land use regulations for marijuana businesses. Staff has not received any new information and therefore has not made any updates to the staff report or recommendation. Changes have been made to the ordinance to correct typographical errors, omissions, and updates have been made based on legal review. No substantive changes have been made. The table summarizing proposed zoning districts for marijuana businesses has been included as well. This table was handed out to the Commission at the Special Meeting on February 15, 2017. Case No. 17-0181nfonnation Packet Ordinance No. FY2017-27 Amending KI BIC Chapters 3, 5, And 17 ... Page 91 of 349 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1)1) 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 Introduced by: Drafted by: CDD Director Introduced on: Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-27 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE TITLE 3 REVENUE AND FINANCE, TITLE 5 BUSINESS LICENSES AND REGULATIONS, AND TITLE 17 ZONING TO PROVIDE FOR REGULATIONS RELATING TO MARIJUANA BUSINESSES WHEREAS, the passage of Ballot Measure #2 in the 2014 State of Alaska Election has provided for the legalization of various marijuana -related activities on a specific timeline; and WHEREAS, AS 17.38.110 provides for local government control not in conflict with state law; and WHEREAS, the Kodiak Island Borough wishes to exercise the authority granted to it by AS 17.38.110; and WHEREAS, the Kodiak Island Borough formed a Marijuana Task Force through the adoption of Kodiak Island Borough Resolution No. FY2016-31; and WHEREAS, the Marijuana Task Force developed recommendations for regulating marijuana businesses in the Kodiak Island Borough; and WHEREAS, in accordance with AS 29.40.020 the Planning and Zoning Commission discussed the proposed changes to Title 17 (Zoning) at work sessions, regular meetings, or special meetings on February 8, 2017, February 15, 2017, March 15, 2017, and March 23, 2017; and WHEREAS, the Planning and Zoning Commission, following the public hearing at the March 23, 2017 regular meeting, voted to transmit recommendations as amended for revisions to Title 17 to the Borough Assembly; and WHEREAS, the Borough Assembly discussed the proposed changes at work sessions and regular meetings on March 30, 2017, April 6, 2017, April 13, 2017, and April 20, 2017; and WHEREAS, the Borough Assembly, following the public hearing at the April 20, 2017 regular meeting, voted to adopted Ordinance FY2017-27. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Case No. 17-018 Information Packet Ordinance No. FY2017-27 Page 1 of 10 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 92 of 349 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-13 P & Z REGULAR MEETING. MARCH 22, 2017 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 of Ordinances. Section 2: Titles 3, 5, 17 of the Kodiak Island Borough Code of Ordinances are amended to read as follows: [PLACEHOLDER] [PLACEHOLDER] Title 3 REVENUE AND FINANCE Title 5 BUSINESS LICENSES AND REGULATIONS Chapter 17.15 GENERAL PROVISIONS AND USE REGULATIONS 17.15.060 Zoning compliance. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as -built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code Section 303(d) and (e), as currently adopted under KIBC 15.05.020). B. In all cases where the commission or the board of adjustment has granted a variance to this title, the department will issue zoning compliance to allow the building work to be done in accordance with the decision, except that no permit will be issued following the granting of a variance until the time for filing an appeal has expired and it is verified that no appeal has been filed. C. No building permit shall be issued by a building official until the community development department has verified from the application for zoning compliance for a proposed building that it conforms and will be occupied for a use in conformity with the provisions and regulations of Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 2 of 10 Insertion — Bold, Blue, Underlined Version 1 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 93 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING. MARCH 22, 2017 90 this title, except that this provision shall not apply to building permits for residential structures 91 when no yard or height changes are involved. Any building permit issued in conflict with this title 92 is null and void. [Ord. 93-64 §7, 1993; Ord. 92-17 §3, 1992; Ord. 92-04 §2, 1992; Ord. 85-11-0 93 §1,1985; Ord. 83-42-0 §1, 1983; Ord. 81-54-0 §1, 1981; prior code Ch. 5 subch. 2 §18. 94 Formerly §17.03.060]. 95 96 17.15.120 Buffers for marijuana businesses 97 In addition to any buffers imposed by any other applicable state or federal law. marijuana 98 businesses may not be established on or within 500 feet of school grounds. 99 100 Chapter 17.20 101 FEES 102 103 17.20.010 Fees. 104 A. A part of the costs for maps, legal publications, notices to affected property owners, and 105 other administrative expenses involved in processing land use change applications shall be 106 covered by a fee, established by resolution of the assembly, payable to the borough. The fees 107 apply to the following: 108 109 1. A- Conditional use permit; 110 2. B Contract zoning; 111 3. G- Planning and zoning commission review; 112 4.13 Variance; and 113 5.1 Zoning change;- and 114 6. Zoning compliance permit. [Ord. 92-12 §9, 1992; Ord. 82-47-0 §1, 1982. Formerly 115 §17.04.010]. 116 117 B. Zoning compliance permits for marijuana businesses shall be paid at a rate of 20 118 percent of the current State of Alaska marijuana business licensing application fees. 119 These fees will be established by resolution of the borough assembly per KIBC 120 17.20.010(A). 121 122 Chapter 17.25 123 Definitions 124 125 17.25.020 A definitions. 126 "Agricultural activities" means the production, keeping, or maintenance, for sale, lease, or 127 personal use, of plants and animals useful to people. This does not include any uses 128 involving or related to commercial mariivana activities. 129 "Airport elevation" means the established elevation of the highest point of the usable landing 130 area. 131 Airport, Municipal. "Municipal airport" means the City of Kodiak Municipal Airport and Lilly Lake. 132 Airport, Utility. "Utility airport" means any airport in the borough designed and/or constructed to 133 serve aircraft in approach category A (speed less than 91 knots). Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 3 of 10 Insertion — Bold, Blue, Underlined Version 1 Case Na. 17-0181nformalion Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 94 of 349 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-13 P & Z REGULAR MEETING: MARCH 22, 2017 "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon "Alteration" means any change, addition, or modification in the construction, location, or use classification. Apartment House. For "apartment house," see "Dwelling, multiple -family," KIBC 17.25.050. "Approach surface" means an approach surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of a runway. The inner edge of the approach surface is the same width as the runway and it expands uniformly to a width of 1,500 feet of each end of the runway. The approach surface extends for a horizontal distance of 5,000 feet at a slope of 20:1. No building or structure may be constructed or erected nor may any other object be stored or placed in such a manner as to protrude into the approach surfaces. A. The approach surfaces for the municipal airport extend upward and outward from the south end of the existing lake surface (towards Larch Street) and the north end of the gravel runway (Von Scheele Way) only. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. [Ord. 93-66 §3, 1993; Ord. 87-09-0 §§3, 5, 6, 1987; prior code Ch. 5 subch. 2 §9B. Formerly §§17.06.011 — 17.06.050]. 17.25.140 M definitions "Marijuana" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate; "marijuana" does not include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with mariivana to prepare topical or oral administrations, food, drink, or other products. "Marijuana Cultivation. Limited" means a legally licensed limited cultivation facility as defined by state law. State law dictates that an area less that 500 square feet may be under cultivation. "Marijuana Cultivation, Standard" means a legally licensed standard cultivation facility as defined by state law. No limit is set by state law on size of area under cultivation. "Mariivana manufacturing facility" means a legally licensed commercial marijuana product manufacturing facility as defined by state law, which can purchase marijuana, manufacture, prepare, and package marijuana products, and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail mariivana stores. These facilities may not sell marijuana products to consumers. "Marijuana retail store" means a legally licensed commercial retail marijuana store as defined by state law. A marijuana retail store may sell marijuana accessories as defined by state law. "Mariivana testing facility" means a legally licensed commercial marijuana testing facility defined by state law that is registered to analyze and certify the safety and potency of mariivana. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Case No. 17-010 Information Packet Ordinance No. FY2017-27 Page 4 of 10 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 95 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 82. REGULAR MEETING: MARCH 22, 2017 178 "Motel" means a group of one or more detached or semidetached buildings containing two or 179 more individual dwelling units and/or guest rooms, designed for or used temporarily by 180 automobile tourists or transients, with a garage attached or parking space conveniently located 181 to each unit, including groups designated as auto courts, motor lodges, or tourist courts. [Prior 182 code Ch. 5 subch. 2 §9B. Formerly §17.06.430]. 183 184 Chapter 17.50 185 C — CONSERVATION DISTRICT 186 187 17.50.040 Conditional Uses 188 The following land uses and activities may be allowed by obtaining a conditional use permit in 189 accordance with the provisions of Chapter 17.200 KIBC: 190 A. All of the conditional uses in the NU natural use zoning district; 191 B. Airstrips; 192 C. Commercial livestock grazing, excluding those areas historically established for livestock 193 grazing as described in KIBC17.50.020(B), where it is a permitted use; 194 D. Lodges that have provisions for more than six clients; 195 E. Logging camps and timber harvesting support facilities (e.g., log transfer facilities), including 196 timber products processing facilities; 197 F. Nonrecreational mineral extraction activities and related structures; 198 G. Seafood processing facilities and related structures; 199 H. Transportation and utility facilities not otherwise permitted and not otherwise used in 200 conjunction with permitted uses (e.g., roads, pipelines, communications facilities, etc.); and 201 I. Recreational vehicle parks;- and 202 J. Marijuana cultivation, limited Ion lots equal to or greater than 20.000 square feet). [Ord. 203 FY2016-07 §2, 2016; Ord. FY2016-03 §2, 2015; Ord. 2001-05 §4, 2001; repealed and 204 reenacted by Ord. 93-66 §2, 1993; Ord. 84-57-0 §1, 1984; Ord. 82-46-0 §2, 1982. Formerly 205 §17.13.040]. 206 207 Chapter 17.60 208 RR2 — RURAL RESIDENTIAL TWO DISTRICT 209 210 17.60.030 Conditional uses. 211 The following land uses may be allowed by obtaining a conditional use permit in accordance 212 with the provisions of Chapter 17.200 KIBC: 213 214 A. Fireworks stands; and 215 B. Recreational vehicle parks-; 216 C. Marluana cultivation, limited ton lots equal to or greater than 20.000 square feet): and 217 D. Marijuana testing facilities. [Ord. FY2016-07 §2, 2016; Ord. 86-27-0 §5, 1986; Ord. 83-16- 218 O §1, 1983. Formerly §17.15.030]. 219 220 Chapter 17.70 221 RR1 — RURAL RESIDENTIAL ONE DISTRICT 222 Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 5 of 10 Insertion — Bold, Blue, Underlined Version 1 Case No. 17-015 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 96 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING'. MARCH 22, 2017 223 17.70.030 Conditional uses. 224 The following land uses may be allowed by obtaining a conditional use permit in accordance 225 with the provisions of Chapter 17.200 KIBC: 226 227 A. Fireworks stands; and 228 B. Recreational vehicle parks -1 229 C. Marijuana cultivation. limited (on lots equal to or greater than 20.000 square feet): and 230 D. Marijuana testing facilities. [Ord. FY2016-07 §2, 2016; Ord. 84-59-0 §1, 1984; Ord. 83-15- 231 O §2, 1983. Formerly §17.17.030]. 232 233 Chapter 17.90 234 B — BUSINESS DISTRICT 235 236 17.90.020 Permitted uses. 237 The following land uses and activities are permitted in the business district: 238 239 A. Accessory buildings; 240 B. Assembly halls; 241 C. Art galleries; 242 D. Automobile repair garages and dealerships; 243 E. Banks; 244 F. Building material suppliers; 245 G. Dry-cleaning establishments; 246 H. Eating and drinking establishments; 247 I. Fraternal organizations and private clubs; 248 J. Funeral parlors; 249 K. Gasoline service stations; 250 L. Government offices; 251 M. Hotels; 252 N. Laundry establishments; 253 O. Libraries; 254 P. Machine shops; 255 Q. Marinas and boat moorage; 256 R. Mini -warehouses; 257 S. Motels; 258 T. Multiple -family dwellings; 259 U. Museums; 260 V. Offices; 261 W. Outdoor storage; 262 X. Printing shops; 263 Y. Professional offices and clinics; 264 Z. Public parks and open spaces; 265 AA. Recreational related uses; 266 BB. Retail stores and services; Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 6 of 10 Insertion — Bold, Blue, Underlined Version 1 Case No. 17-0181nformalion Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 97 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-13 P & Z REGULAR MEETING: MARCH 22, 2017 267 CC. Single-family and two-family dwellings, if located within a structure containing a permitted 268 business use, not exceeding 50 percent of the area of the structure, and not located on the 269 street level of the structure except that an owner -occupied single-family dwelling may be 270 allowed within a street level business structure, so long as the residential portion is 271 predominantly located in the rear of the structure (away from the commercial building facade(s) 272 for comer and multi -frontage lots), the use of the dwelling is subsidiary and incidental to the 273 principal commercial use, and there is no indication, other than a separate entrance on the 274 street level building facade, that a residential use is located within the structure; 275 DD. Theaters; aad 276 EE. Radio stations. -Land 277 FF. Marijuana retail stores. [Ord. FY2016-06 §2, 2015; Ord. 2001-07 §2, 2001; Ord. 94-24 §2, 278 1994; Ord. 88-33-0 §2,1988; Ord. 83-72-0 §1, 1983; Ord. 83-5-0 §§1 — 3, 1983; Ord. 82-40-0 279 §1, 1982. Formerly §17.21.020]. 280 281 17.90.030 Conditional uses. 282 The following land uses and activities may be allowed by obtaining a conditional use permit in 283 accordance with the provisions of Chapter 17.200 KIBC: 284 285 A. Churches; 286 B. Hospitals; 287 C. Recreational vehicle parks; 288 D. Mobile home parks; and 289 E. Warehouses-; 290 F. Marijuana cultivation. limited: 291 G. Mariluana cultivation, standard: and 292 H. Marijuana manufacturing facilities. [Ord. FY2016-06 §2, 2015; Ord. 94-24 §2, 1994; Ord. 293 83-72-0 §2,1983; Ord. 83-5-0 §4, 1983: Ord. 82-40-0 §1, 1982. Formerly §17.21.030]. 294 295 Chapter 17.105 296 1— INDUSTRIAL DISTRICT 297 298 17.105.010 Permitted uses. 299 The following uses of the land are permitted in the industrial district: 300 301 A. All uses permitted in B business district, except residential; 302 B. Aircraft, automobile and truck assembly or remodeling; 303 C. Asphalt batch and mixing plant, manufacturing or refining; 304 D. Assembly of music and vending machines; 305 E. Auction business; 306 F. Beverage manufacturing; 307 G. Boat building, repair and storage; 308 H. Cabinet shops; 309 I. Concrete mixing batch plants; 310 J. Coal storage yards; 311 K. Dwelling units for a watchman or caretaker on the premises; Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 7 of 10 Insertion — Bold, Blue, Underlined Version 1 Case No. 17-016 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 98 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 312 L. Dyeing plants; 313 M. Gravel or sand extraction; 314 N. Junkyards, wrecking, salvage or scrap metal operations; 315 O. Lumber mills and sawmills; 316 P. Lumberyard, building material manufacture or sales; 317 Q. Machine or blacksmith shops; 318 R. Manufacturing, servicing or repair of light consumer goods, such as appliances, batteries, 319 furniture, and garments; 320 S. Metal working or welding shops; 321 T. Motor freight terminals; 322 U. Outdoor storage; 323 V. Paint shops; 324 W. Public uses; 325 X. Rock crushers; 326 Y. Seafood processing establishments and their dormitories; 327 Z. Sewage treatment plants; 328 AA. Slaughterhouses; 329 BB. Steel fabrication shops or yards; 330 CC. Vehicle impound lots; 331 DD. Vocational or trade schools; 332 EE. Utility installations; and 333 FF. Warehousing within an enclosed structure:; 334 GG. Mariivana cultivation. limited; 335 HH. Marijuana cultivation, standard; 336 It. Marijuana manufacturing facilities: and 337 JJ. Marijuana retail stores. [Ord. 92-13 §7, 1992; Ord. 81-40-0 §2, 1981. Formerly 338 §17.24.010]. 339 340 Chapter 17.110 341 RB — RETAIL BUSINESS DISTRICT 342 343 17.110.020 Permitted principal uses and structures. 344 The following land uses and activities are permitted in the retail business district: 345 346 A. Automobile service stations; 347 B. Boardinghouses, hotels and motels; 348 C. Commercial recreational facilities (e.g., health clubs, racquetball courts, ice rinks, etc.); 349 D. Multifamily dwellings (not located on the street level of the structure); 350 E. Parks and playgrounds; 351 F. Retail stores and service shops (e.g., beauty shops, grocery stores, clinics, professional 352 offices, etc.); 353 G. Restaurants and bars; 354 H. Single-family and two-family dwellings, if located within a structure containing a permitted 355 business use, not exceeding 50 percent of the area of the structure, and not located on the 356 street level of the structure; Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 8 of 10 Insertion — Bold, Blue, Underlined Version 1 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 99 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-13 P & Z REGULAR MEETING: MARCH 22, 2017 357 I. Schools/daycare facilities; 358 J. Shopping centers; acrd 359 K. Theaters, auditoriums, community halls, and 360 J. Mariivana retail stores. [Ord. 92-13 §5, 1992. Formerly §17.25.020]. 361 362 17.110.040 Conditional uses. 363 The following land uses and activities may be allowed by obtaining a conditional use permit in 364 accordance with the provisions of Chapter 17.200 KIBC: 365 366 A. Automobile and boat sales, storage, and repair; 367 B. Churches; 368 C. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); 369 D. Outdoor storage, when screened by a sight -obscuring fence a minimum of six feet in height; 370 E. Utility and service uses (e.g., substations, etc.); 371 F. Warehouses; 372 G. Wholesaling and distributing operations (excluding bulk fuel operations); aad 373 H. Recreational vehicle parks -1 374 I. Mariivana cultivation: limited; and 375 J. M_ arijuana cultivation, standard; and 376 K. Marijuana manufacturing facilities. [Ord. FY2016-07 §2, 2016; Ord. 92-13 §5, 1992. 377 Formerly §17.25.040]. 378 379 Chapter 17.120 380 LI — LIGHT INDUSTRIAL DISTRICT 381 382 17.120.020 Permitted principal uses and structures. 383 The following land uses and activities are permitted in the light industrial district: 384 385 A. Automobile service stations; 386 B. Automobile and boat sales, storage, and repair; 387 C. Manufacturing (e.g., boat building, crab pot construction, cabinet making, welding and 388 fabrication, etc.); 389 D. Outdoor storage, when screened by a sight -obscuring fence a minimum of six feet in height; 390 E. Retail stores and service shops (e.g., beauty shops, clinics, grocery stores, professional 391 offices, etc.); 392 F. Warehouses; 393 G. Wholesaling and distributing operations (excluding bulk fuel operations); 394 H. A dwelling unit used by the owner or by a caretaker, manager, and family when located on 395 the premises where they are employed in such a capacity; 396 I. Utility and service uses (e.g., substations, etc.); and 397 J. Kodiak Municipal Airport (landing strip and Lilly Lake float plane access), until adequate 398 replacement facilities are established.. -1 399 K. Mariivana cultivation, limited; 400 L. Mariivana cultivation. standard; 401 M. Mariivana manufacturing facilities; and Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 9 of 10 Insertion — Bold, Blue, Underlined Version 1 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KI BC Chapters 3, 5, And 17 ... Page 100 of 349 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING'. MARCH 22, 2017 N. Marijuana retail stores. [Ord. 92-13 §6, 1992. Formerly §17.27.020). Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: ATTEST: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Case No. 17-016 Information Packet Nova M. Javier, MMC, Clerk Ordinance No. FY2017-27 Page 10 of 10 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 101 of 349 AGENDA ITEM O.A. r 0 N N N U m Oz r W~ � W U w QZK W J S � Q) U� U) C N m� J U) as N H a) C N n C m 7 C (6 w 7 c •L A v u a" cf0 a C L C� 0 C r l9 O C m U r am. � C7 N U z C 0 C U O •O V d O N — J a U N N O O 3 a)O ILca H O L) Cu m ++ m C U7 C N N m 01 C N N C m O N Z m 2 T (UN � D C N y L W d O N O � d' CM r i � E E " aa Ordinance No. FY2017-27 Amending KI BC c � Chapters 3, 5, And 17 ... Page 102 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P a Z REGULAR MEETING: MARCH 22, 2017 STAFF REPORT AND RECOMMENDATION Case No. 17-018 An ordinance amending Title 17 (Zoning) adding regulations pertaining to marijuana businesses. This ordinance was drafted by the Community Development Department under direction of the Borough Assembly and includes recommendations made to the Borough Assembly by the Borough's Mariluana Task Force. DATE: February 1, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation APPLICANT: Kodiak Island Borough LOCATION: Borough -wide ZONING: Varies APPLICABLE REGULATIONS: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.10.020 Reference and use (Comprehensive Plan). In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.205.010 Authority (Amendments and changes). Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. 17.205.020 Report from planning and zoning commission (Amendments and changes) The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. 17.205.055 Submission to assembly (Amendments and changes) A. Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions; a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. Case No. 17-018 Staff Report and Recommendation Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 103 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 "o epq 0" Y 0 O . `L pLA6KA B. If the commission recommends denial of any proposed amendment; its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. STAFF ANALYSIS In 2014 the State of Alaska's Ballot Measure #2 was approved by state voters. This provided for the legalization of select marijuana -related activities. Since 2014 state and local governments have been working toward developing laws to govern the marijuana industry in Alaska. Through the adoption of Ordinance No. FY2016-17 the Kodiak Island Borough created a new chapter of Borough Code and included a provision that prohibited the operation of marijuana cultivation, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores within the Borough. The sunset date of this ordinance is currently February 28, 2017. An amendment to this ordinance is currently before the Assembly that would extend this date to April 30, 2017. The recommendations presented in the attached ordinance (Ordinance No. FY2017-27) are the result of ten meetings of the Borough's Marijuana Task Force; established by Resolution No. FY2016-31. Per AS 29.40.020(b)(2), it is the duty of the Planning and Zoning Commission to review the proposed changes to zoning regulation. Attached for the Commission's review are: • Ordinance No. FY2017-27 (draft) • Ordinance No. FY2016-17 • Resolution No. FY2016-31 • 3 AAC 306 • AS 17.38 Staff believes that all proposed changes to Title 17 presented in draft Ordinance No. FY2017-27 meet all applicable State of Alaska and Kodiak Island Borough laws. COMPREHENSIVE PLAN CONSISTENCY Land Use & Ownershl Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Policy: Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffering, design standards and other means. Policy: Zone land to meet future housing, commercial, industrial and other land needs. Implementation Action: Evaluate the need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated communities in the Borough to meet future economic needs. In assessing the need and most appropriate locations for new industrial land, consider the following factors: • The need to support potential economic growth sectors. The level of need should be based on an assessment of trends in population growth and in specific economic sectors, including realistic assessment of their potential within the KIB. Case No. 17-018 Ste Report and Recommendation Case No. 17.0181ntonnatlon Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 104 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 • Proximity to adequate public facilities, including roads, water and air transport facilities, as well as water and wastewater treatment facilities. • Potential conflicts with adjacent land uses, particularly residential uses and sensitive natural resources. • Parcel size, topography and other site characteristics as they relate to the requirements of businesses in anticipated growth industries. Goal: Continue to update and improve the effectiveness of Borough policies, plans, regulations and procedures. Implementation Actions: • Update and enhance the KIB Zoning Ordinance, as well as other planning procedures to meet land use and planning goals cost-effectively and efficiently. • Periodically review adopted zoning districts to ensure that they are appropriate and focused on the needs and direction provided by the Comprehensive Plan. • Review and analyze area zoning to determine the need and potential placement of industrial property zoning if needed. Economy Goal: Diversity the overall economy of Kodiak Region. Policy: Encourage and facilitate small business development on Kodiak Island. CONCLUSION Staff analysis shows that the amendment is consistent with the objectives of the adopted Comprehensive Plan and satisfies the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes. Anticipating a decision in favor of this amendment, a draft ordinance is attached to this report. RECOMMENDATION Staff recommends that the Commission forward this ordinance to the Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Recommend that the Assembly of the Kodiak Island Borough approve Ordinance No. FY2017-27 amending Title 17 KIBC (Zoning) and to adopt the findings of fact listed in the staff report dated February 1, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-018. Staff recommends the above motion be approved. FINDINGS OF FACT (KIBC 17.205.020) 1. Registered voters in the Kodiak Island Borough voted to legalize select marijuana establishments under State of Alaska Ballot Measure #2 in 2014. 2. AS 17.38.110 provides for the implementation of local controls for marijuana establishments. 3. Current KIBC Title 17 (Zoning) does not include regulatory requirements for marijuana establishments and does not list them as a permitted use in any zoning district. Case No. 17-018 Staff Report and Recommendation Case No. 17-0181nfonnation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 105 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING'. MARCH 22, 2017 4. The amendments to Title 17 KIBC provide the regulatory requirements for marijuana establishments in a manner consistent with similar uses within the Kodiak Island Borough. 5. The amendments to Title 17 KIBC are consistent with the adopted Comprehensive Plan goals and policies related to land use and economy. 6. The Planning and Zoning Commission recommends approval of the amendments to Title 17 KIBC. Case No. 17-018 Staff Report and Recommendation Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 106 of 349 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETINGMARCH 22, 2017 Introduced by: Drafted by: CDD Director Introduced on: Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-27 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE TITLE 3 REVENUE AND FINANCE, TITLE 5 BUSINESS LICENSES AND REGULATIONS, AND TITLE 17 ZONING TO PROVIDE FOR REGULATIONS RELATING TO MARIJUANA BUSINESSES WHEREAS, the passage of Ballot Measure #2 in the 2014 State of Alaska Election has provided for the legalization of various marijuana -related activities on a specific timeline; and WHEREAS, AS 17.38.110, "local control' in subsection (a) provides: "A local government may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or voter initiative": and WHEREAS, the Kodiak Island Borough wishes to exercise the authority granted to it by AS 17.38.110(a) so as to prohibit to the broadest extent possible the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores within its borders; and WHEREAS, the Kodiak Island Borough formed a Marijuana Task Force through the adoption of Kodiak Island Borough Resolution No. FY2016-31; and WHEREAS, the Marijuana Task Force developed recommendations for regulating marijuana businesses in the Kodiak Island Borough; and WHEREAS, in accordance with AS 29.40.020 the Planning and Zoning Commission discussed the proposed changes to Title 17 (Zoning) at work sessions or special meetings on February 8, 2017 and February 15, 2017; and WHEREAS, the Planning and Zoning Commission, following the public hearing at the February 15, 2017 special meeting, voted to transmit recommendations as amended for revisions to Title 17 to the Borough Assembly; and WHEREAS, the Borough Assembly discussed the proposed changes at work sessions and regular meetings on March 2, 2017, March 9, 2017, March 16, 2017, and March 23, 2017; and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Case No. 17-018 Information Packet Ordinance No. FY2017-27 Page 1 of 10 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 107 of 349 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 WHEREAS, the Borough Assembly, following the public hearing at the March 23, 2017 regular meeting, voted to adopted Ordinance FY2017-27. 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 of Ordinances. Section 2: Titles 3, 5, 17 of the Kodiak Island Borough Code of Ordinances are amended to read as follows: [PLACEHOLDER] [PLACEHOLDER] Title 3 REVENUE AND FINANCE Title 5 BUSINESS LICENSES AND REGULATIONS Chapter 17.15 GENERAL PROVISIONS AND USE REGULATIONS 17.15.060 Zoning compliance. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as -built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code Section 303(d) and (e), as currently adopted under KIBC 15.05.020). B. In all cases where the commission or the board of adjustment has granted a variance to this title, the department will issue zoning compliance to allow the building work to be done in accordance with the decision, except that no permit will be issued fallowing the granting of a variance until the time for filing an appeal has expired and it is verified that no appeal has been filed. Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 2 of 10 Insertion — Bold, Blue, Underlined Version 1 Case No. 17-0181nformation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 108 of 349 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 C. No building permit shall be issued by a building official until the community development department has verified from the application for zoning compliance for a proposed building that it conforms and will be occupied for a use in conformity with the provisions and regulations of this title, except that this provision shall not apply to building permits for residential structures when no yard or height changes are involved. Any building permit issued in conflict with this title is null and void. [Ord. 93-64 §7, 1993; Ord. 92-17 §3, 1992; Ord. 92-04 §2, 1992; Ord. 85-11-0 §1,1985; Ord. 83-42-0 §1, 1983; Ord. 81-54-0 §1, 1981; prior code Ch. 5 subch. 2 §18. Formerly §17.03.060]. D._Mariivana businesses must obtain two separate zoning compliance permits. 1. Marijuana businesses must include with their application for initial zoning compliance proof of marijuana licensing application approval by the Alaska Marijuana Control Board. Initial zoning compliance issuance for marijuana businesses allows only for the development of the facility and does not allow for the commencement of marijuana cultivation, testing, manufacturing, or retail sales operations. 2. Prior to commencement of operations, marijuana businesses must obtain subsequent zoning compliance after obtaining a license to operate within the Kodiak Island Borough per KIBC 5.02.030. Marijuana businesses must present this license at the time of application for zoning compliance to commence mariivana business operations. Issuance of this zoning compliance permit shall be free of charge. 17.15.120 Buffers for marijuana businesses Marijuana businesses may not be established on or within 500 feet of school grounds. Chapter 17.20 FEES 17.20.010 Fees. A part of the costs for maps, legal publications, notices to affected property owners, and other administrative expenses involved in processing land use change applications shall be covered by a fee, established by resolution of the assembly, payable to the borough. The fees apply to the following: A. Conditional use permit; B. Contract zoning; C. Planning and zoning commission review; D. Variance; and E. Zoning change;.- and F. Zoning compliance permit. [Ord. 92-12 §9, 1992; Ord. 82-47-0 §1, 1982. Formerly §17.04.010]. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Case No. 17-018 Information Packet Ordinance No. FY2017-27 Page 3 of 10 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 109 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 2 REGULAR MEETING: MARCH 22, 2017 134 B. Initial zoning compliance permits for mariivana businesses shall be paid at a rate of 20 135 percent of the current State of Alaska mariivana business licensing application fees. 136 These fees will be established by resolution of the borough assembly per KIBC 137 17.20.010.A. 138 139 Chapter 17.25 140 Definitions 141 142 17.25.020 A definitions. 143 "Agricultural activities" means the production, keeping, or maintenance, for sale, lease, or 144 personal use, of plants and animals useful to people. This does not include marijuana 145 cultivation. 146 "Airport elevation" means the established elevation of the highest point of the usable landing 147 area. 148 Airport, Municipal. "Municipal airport" means the City of Kodiak Municipal Airport and Lilly Lake. 149 Airport, Utility. "Utility airport" means any airport in the borough designed and/or constructed to 150 serve aircraft in approach category A (speed less than 91 knots). 151 "Alley" means a public way designed and intended to provide only a secondary means of 152 access to any property abutting thereon 153 "Alteration" means any change, addition, or modification in the construction, location, or use 154 classification. 155 Apartment House. For "apartment house," see "Dwelling, multiple -family," KIBC 17.25.050. 156 "Approach surface" means an approach surface longitudinally centered on the extended runway 157 centerline and extending outward and upward from each end of a runway. The inner edge of the 158 approach surface is the same width as the runway and it expands uniformly to a width of 1,500 159 feet of each end of the runway. The approach surface extends for a horizontal distance of 5,000 160 feet at a slope of 20:1. No building or structure may be constructed or erected nor may any 161 other object be stored or placed in such a manner as to protrude into the approach surfaces. 162 A. The approach surfaces for the municipal airport extend upward and outward from the south 163 end of the existing lake surface (towards Larch Street) and the north end of the gravel runway 164 (Von Scheele Way) only. 165 "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or 166 sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. [Ord. 93-66 167 §3, 1993; Ord. 87-09-0 §§3, 5, 6, 1987; prior code Ch. 5 subch. 2 §913. Formerly §§17.06.011 — 168 17.06.050]. 169 170 17.25.140 M definitions 171 "Mariivana" means all parts of the plant of the genus cannabis whether growing or not, 172 the seeds thereof, the resin extracted "Mariivana" means all parts of the plant of the 173 genus cannabis whether growing or not, the seeds thereof, the resin extracted from any 174 part of the plant, and every compound, manufacture, salt, derivative, mixture. or 175 preparation of the plant, its seeds, or its resin, including marijuana concentrate: 176 "madivana" does not include fiber produced from the stalks, oil, or cake made from the 177 seeds of the plant, sterilized seed of the plant which is incapable of germination, or the Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 4 of 10 Insertion — Bold, Blue, Underlined Version 1 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 110 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P &Z REGULAR MEETING; MARCH 22, 2017 178 weight of any other ingredient combined with mariivana to prepare topical or oral 179 administrations, food, drink, or other products. 180 "Marijuana Cultivation. Limited" means an entity registered to cultivate, prepare. and 181 package marijuana and to sell marijuana to retail marijuana stores, to marijuana product 182 manufacturing facilities, and to other mariivana cultivation facilities, but not to 183 consumers: with fewer than 500 square feet under cultivation. 184 "Marijuana Cultivation. Standard" an entity registered to cultivate, prepare, and package 185 marijuana and to sell mariivana to retail marijuana stores, to marijuana product 186 manufacturing facilities, and to other marijuana cultivation facilities, but not to 187 consumers; with no limit is set by state law on size of area under cultivation. 188 "Mariivana manufacturing facility" means an entity registered to purchase marijuana; 189 manufacture, prepare, and package marijuana products; and sell marijuana and 190 marijuana products to other marijuana product manufacturing facilities and to retail 191 marijuana stores, but not to consumers. 192 "Marijuana retail store" means an entity registered to purchase marijuana from mariivana 193 cultivation facilities, to purchase marijuana and marijuana products from mariivana 194 product manufacturing facilities, and to sell mariivana and marijuana products to 195 consumers. 196 "Marijuana testing facility" means an entity registered to analyze and certify the safety 197 and potency of marijuana. 198 199 "Motel' means a group of one or more detached or semidetached buildings containing two or 200 more individual dwelling units and/or guest rooms, designed for or used temporarily by 201 automobile tourists or transients, with a garage attached or parking space conveniently located 202 to each unit, including groups designated as auto courts, motor lodges, or tourist courts. [Prior 203 code Ch. 5 subch. 2 §9B. Formerly §17.06.430]. 204 205 Chapter 17.50 206 C — CONSERVATION DISTRICT 207 208 17.50.040 Conditional Uses 209 The following land uses and activities may be allowed by obtaining a conditional use permit in 210 accordance with the provisions of Chapter 17.200 KIBC: 211 A. All of the conditional uses in the NU natural use zoning district; 212 B. Airstrips; 213 C. Commercial livestock grazing, excluding those areas historically established for livestock 214 grazing as described in KIBC17.50.020(B), where it is a permitted use; 215 D. Lodges that have provisions for more than six clients; 216 E. Logging camps and timber harvesting support facilities (e.g., log transfer facilities), including 217 timber products processing facilities; 218 F. Nonrecreational mineral extraction activities and related structures; 219 G. Seafood processing facilities and related structures; 220 H. Transportation and utility facilities not otherwise permitted and not otherwise used in 221 conjunction with permitted uses (e.g., roads, pipelines, communications facilities, etc.); and 222 I. Recreational vehicle parks- and Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 5 of 10 Insertion — Bald, Blue, Underlined Version 1 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 111 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 223 J._Mariluana cultivation, limited (on lots equal to or greater than 20.000 square feet). [Ord. 224 FY2016-07 §2, 2016; Ord. FY2016-03 §2, 2015; Ord. 2001-05 §4, 2001; repealed and 225 reenacted by Ord. 93-66 §2, 1993; Ord. 84-57-0 §1, 1984; Ord. 82-46-0 §2, 1982. Formerly 226 §17.13.040]. 227 228 Chapter 17.60 229 RR2 — RURAL RESIDENTIAL TWO DISTRICT 230 231 17.60.030 Conditional uses. 232 The following land uses may be allowed by obtaining a conditional use permit in accordance 333 with the provisions of Chapter 17.200 KIBC: 234 235 A. Fireworks stands; and 236 B. Recreational vehicle parks -1 237 C. Marijuana cultivation, limited (on lots equal to or greater than 20.000 square feet): and 238 D. Marijuana testing facilities. [Ord. FY2016-07 §2, 2016; Ord. 86-27-0 §5, 1986; Ord. 83-16- 239 0 §1, 1983. Formerly §17.15.030]. 240 241 Chapter 17.70 242 RR1 — RURAL RESIDENTIAL ONE DISTRICT 243 244 17.70.030 Conditional uses. 245 The following land uses may be allowed by obtaining a conditional use permit in accordance 246 with the provisions of Chapter 17.200 KIBC: 247 248 A. Fireworks stands; and 249 B. Recreational vehicle parks -1 250 C. Mariivana cultivation, limited (on lots equal to or greater than 20,000 square feet): and 251 D. Mariivana testing facilities. [Ord. FY2016-07 §2, 2016; Ord. 84-59-0 §1, 1984; Ord. 83-15- 252 0 §2, 1983. Formerly §17.17.030]. 253 254 Chapter 17.90 255 B— BUSINESS DISTRICT 256 257 17.90.020 Permitted uses. 258 The following land uses and activities are permitted in the business district: 259 260 A. Accessary buildings; 261 B. Assembly halls; 262 C. Art galleries; 263 D. Automobile repair garages and dealerships; 264 E. Banks; 265 F. Building material suppliers; 266 G. Dry-cleaning establishments; 267 H. Eating and drinking establishments; Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 6 of 10 Insertion — Bold, Blue, Underlined Version 1 Case No. 17-01 B Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 112 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7.0 P 8 Z REGULAR MEETING: MARCH 22, 2017 268 I. Fraternal organizations and private clubs; 269 J. Funeral parlors; 270 K. Gasoline service stations; 271 L. Government offices; 272 M. Hotels; 273 N. Laundry establishments; 274 0. Libraries; 275 P. Machine shops; 276 Q. Marinas and boat moorage; 277 R. Mini -warehouses; 278 S. Motels; 279 T. Multiple -family dwellings; 280 U. Museums; 281 V. Offices; 282 W. Outdoor storage; 283 X. Printing shops; 284 Y. Professional offices and clinics; 285 Z. Public parks and open spaces; 286 AA. Recreational related uses; 287 BB. Retail stores and services; 288 CC. Single-family and two-family dwellings, if located within a structure containing a permitted 289 business use, not exceeding 50 percent of the area of the structure, and not located on the 290 street level of the structure except that an owner -occupied single-family dwelling may be 291 allowed within a street level business structure, so long as the residential portion is 292 predominantly located in the rear of the structure (away from the commercial building facade(s) 293 for corner and multi -frontage lots), the use of the dwelling is subsidiary and incidental to the 294 principal commercial use, and there is no indication, other than a separate entrance on the 295 street level building facade, that a residential use is located within the structure; 296 DD. Theaters; and 297 EE. Radio stations -Land 298 FF. Marijuana retail stores. [Ord. FY2016-06 §2, 2015; Ord. 2001-07 §2, 2001; Ord. 94-24 §2, 299 1994; Ord. 88-33-0 §2, 1988; Ord. 83-72-0 §1, 1983; Ord. 83-5-0 §§1 — 3, 1983; Ord. 82-40-0 300 §1, 1982. Formerly §17.21.0201. 301 302 17.90.030 Conditional uses. 303 The following land uses and activities may be allowed by obtaining a conditional use permit in 304 accordance with the provisions of Chapter 17.200 KIBC: 305 306 A. Churches; 307 B. Hospitals; 308 C. Recreational vehicle parks; 309 D. Mobile home parks; and 310 E. Warehouses-; 311 F. Mariivana cultivation. limited: 312 G. Mariivana cultivation, standard: and Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 7 of 10 Insertion — Bold, Blue, Underlined Version 1 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 113 of 349 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 H. Mariivana manufacturing facilities. [Ord. FY2016-06 §2, 2015; Ord. 94-24 §2, 1994; Ord. 83-72-0 §2, 1983; Ord. 83-5-0 §4, 1983: Ord. 82-40-0 §1, 1982. Formerly §17.21.0301. Chapter 17.105 1— INDUSTRIAL DISTRICT 17.105.010 Permitted uses. The following uses of the land are permitted in the industrial district: A. All uses permitted in B business district, except residential; B. Aircraft, automobile and truck assembly or remodeling; C. Asphalt batch and mixing plant, manufacturing or refining; D. Assembly of music and vending machines; E. Auction business; F. Beverage manufacturing; G. Boat building, repair and storage; H. Cabinet shops; I. Concrete mixing batch plants; J. Coal storage yards; K. Dwelling units for a watchman or caretaker on the premises; L Dyeing plants; M. Gravel or sand extraction; N. Junkyards, wrecking, salvage or scrap metal operations; O. Lumber mills and sawmills; P. Lumberyard, building material manufacture or sales; Q. Machine or blacksmith shops; R. Manufacturing, servicing or repair of light consumer goods, furniture, and garments; S. Metal working or welding shops; T. Motor freight terminals; U. Outdoor storage; V. Paint shops; W. Public uses; X. Rock crushers; Y. Seafood processing establishments and their dormitories; Z. Sewage treatment plants; AA. Slaughterhouses; BB. Steel fabrication shops or yards; CC. Vehicle impound lots; DD. Vocational or trade schools; EE. Utility installations; and FF. Warehousing within an enclosed structure.; GG. Marijuana cultivation. limited: HH. Mariivana cultivation. standard: It. Mariivana manufacturing facilities: and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Case No. 17-018 Information Packet such as appliances, batteries, Ordinance No. FY2017-27 Page 8 of 10 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 114 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 358 JJ. Marijuana retail stores. [Ord. 92-13 §7, 1992; Ord. 81-40-0 §2, 1981. Formerly 359 §17.24.010]. 360 361 Chapter 17.110 362 RB — RETAIL BUSINESS DISTRICT 363 364 17.110.020 Permitted principal uses and structures. 365 The following land uses and activities are permitted in the retail business district: 366 367 A. Automobile service stations; 368 B. Boardinghouses, hotels and motels; 369 C. Commercial recreational facilities (e.g., health clubs, racquetball courts, ice rinks, etc.); 370 D. Multifamily dwellings (not located on the street level of the structure); 371 E. Parks and playgrounds; 372 F. Retail stores and service shops (e.g., beauty shops, grocery stores, clinics, professional 373 offices, etc.); 374 G. Restaurants and bars; 375 H. Single-family and two-family dwellings, if located within a structure containing a permitted 376 business use, not exceeding 50 percent of the area of the structure, and not located on the 377 street level of the structure; 378 I. Schools/daycare facilities; 379 J. Shopping centers; and 380 K. Theaters, auditoriums, community halls -.Land 381 J. Marijuana retail stores. [Ord. 92-13 §5, 1992. Formerly §17.25.020]. 382 383 17.110.040 Conditional uses. 384 The following land uses and activities may be allowed by obtaining a conditional use permit in 385 accordance with the provisions of Chapter 17.200 KIBC: 386 387 A. Automobile and boat sales, storage, and repair; 388 B. Churches; 389 C. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); 390 D. Outdoor storage, when screened by a sight -obscuring fence a minimum of six feet in height; 391 E. Utility and service uses (e.g., substations, etc.); 392 F. Warehouses; 393 G. Wholesaling and distributing operations (excluding bulk fuel operations); and 394 H. Recreational vehicle parks-; 395 I. Marijuana cultivation: limited: and 396 J. Marijuana cultivation, standard. [Ord. FY2016-07 §2, 2016; Ord. 92-13 §5, 1992. Formerly 397 §17.25.040]. 398 399 Chapter 17.120 400 LI — LIGHT INDUSTRIAL DISTRICT 401 402 17.120.020 Permitted principal uses and structures. Kodiak Island Borough, Alaska Ordinance No. FY2017-27 Deletion — Red, Strikeout Page 9 of 10 Insertion — Bold, Blue, Underlined Version 1 Case No. 17-0181nfor alion Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 115 of 349 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 The following land uses and activities are permitted in the light industrial district: A. Automobile service stations; B. Automobile and boat sales, storage, and repair; C. Manufacturing (e.g., boat building, crab pot construction, cabinet making, welding and fabrication, etc.); D. Outdoor storage, when screened by a sight -obscuring fence a minimum of six feet in height; E. Retail stores and service shops (e.g., beauty shops, clinics, grocery stores, professional offices, etc.); F. Warehouses; G. Wholesaling and distributing operations (excluding bulk fuel operations); H. A dwelling unit used by the owner or by a caretaker, manager, and family when located on the premises where they are employed in such a capacity; I. Utility and service uses (e.g., substations, etc.); aPA J. Kodiak Municipal Airport (landing strip and Lilly Lake float plane access), until adequate replacement facilities are established-; K. Marijuana cultivation. limited; L. Marijuana cultivation. standard; M. Mariivana manufacturing facilities; and N. Mariivana retail stores. [Ord. 92-13 §6, 1992. Formerly §17.27.0201. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Nova M. Javier, MMC, Clerk Case No. 17-0181nfoonation Packet Ordinance No. FY2017-27 Page 10 of 10 Version 1 Ordinance No. FY2017-27 Amending KI BC Chapters 3, 5, And 17 ... Page 116 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7.0 P & Z REGULAR MEETING: MARCH 22, 2017 To: Kodiak Island Borough Assembly From: Kodiak Island Borough Marijuana Task Force Date: November 28, 2016 Regarding: Recommendations for implementation On March 17, 2016 the Kodiak Island Borough Assembly voted to opt out of the commercial sale of marijuana in the Borough for one year. Congruent with that the Assembly created a Marijuana Task Force made up of 11 residents of the Borough. The group is made up of individuals who use Marijuana regularly to people who have never used and everyone in between. The committee fairly accurately reflects the wide ranges of opinions found in the community. The Marijuana Task Force was tasked with offering advice and recommendations to the Assembly regarding the implementation of Marijuana related business in the Kodiak Island Borough. The State of Alaska created a broad framework and encouraged local municipalities to create laws that best reflect the local jurisdictions. It was with all this in mind that the Task Force beganits work. The Task Force has met ten times. We limited all of our meetings to right around two hours. After much discussion and some compromise the Task Force brings forth the following recommendations. Please note that some of the recommendations were quite controversial and this document will attempt to reflect that "conflict" where it existed. Also please note that the recommendations reflected in this document are organized in a manner to make it useful for the Assembly but not necessarily in the order that we addressed them at the meetings. 1. Licenses/Renewal Fees a. Application Fee: Kodiak Island Borough Application Fee would be 20% of the State fee reflected in AAC 306.100(a) a. State Fee is currently $1,000 b. Borough Fee $200 b. Annual License Fee: Kodiak Island Borough Annual License Fee would be 20% of the State fee schedule reflected in AAC 306.100 (d). a. Retail Marijuana Store License State currently $5,000, Borough $1,000 b. Limited Marijuana Cultivation Facility License State currently $1,000, Borough $200 c. Marijuana Cultivation Facility License State currently $5,000, Borough $1,000 Casa No. 17-0181nfonation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 117 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 d. Marijuana Concentrate Manufacturing Facility License State currently $1,000, Borough $200 e. Marijuana Product Manufacturing Facility License State currently $5,000, Borough $1,000 f. Marijuana Testing Facility License State currently $1,000, Borough $200 2. Taxes a. Sales Tax (no sales tax in the Borough): Fairbanks Borough created a sales tax specific to marijuana and alcohol but the Kodiak Task Force believed that having any sales tax in the Borough would create extra staff work and cost more than the potential benefit. b. Excise Style Tax: The State of Alaska will be taxing $50 per ounce at the cultivation level. The committee was split on this issue. With a slight majority the committee recommended that the Borough look at taxing at the cultivation level as well. Numerous committee members felt that the issue of taxes was a broad policy issue that the Assembly needed to decide. 3. Notice Requirements: a. Recommend that they mirror Alcohol notice requirements 4. Opting Out: There was much discussion in regards to what Marijuana Manufacturing should look like in Kodiak. This particular issue was discussed in length at three meetings. Ultimately the recommendation was to opt out of the manufacturing of edibles (including butter) but allow the manufacturing of oils, tinctures, and hashes. The concern with edibles was the challenge of keeping them out of the hands of children. The group split 7 to 2 in favor of opting out of edibles and split 7 to 2 to allow the manufacturing of oils, tinctures, and hashes. The above are general recommendations from the Task Force. The following recommendations are specific to zoning and the implementation of commercial marijuana Cultivation, Manufacturing, Retail Sales, and Testing in the Kodiak Island Borough. Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 118 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 21317 1. Cultivation Zoning: a. Industrial - permitted b. Business - conditional use c. Residential (this was a very controversial issue and was discussed at four meetings) L Rl, R2, R3 - prohibited (unanimous) ii. RR, RRl, RR2, Conservation - conditional use (voted 5 to 2) 1. Limited Cultivation License only (as defined in State Law) 2. 500 Square Foot or less (Borough Code requires a home based business not exceed 20% of the Residence) 3. Must only be on a lot that has a single family dwelling on it. 4. Lot must be 20,000 square feet or greater (there was a lot of discussion on whether this number should be 40,000 or 20,000) Note: The issue of cultivation was made more difficult because allowing marijuana cultivation as a conditional use in some Residential and the Business Districts could create a potential conflict in the current KIB Title 17 Code. The potential conflict is allowing a conditional use that is identified as prohibited in Title 17. 2. Manufacturing Zoning: a. Industrial - permitted b. Business - conditional use c. Residential - prohibited 3. Retail Sales Zoning: a. Industrial - permitted b. Business - permitted c. Residential - prohibited 4. Testing Zoning: a. Industrial - permitted b. Business - permitted c. Residential - permitted (split 5 to 3) The final issue we addressed was the idea of buffer zones. Fairbanks Borough used buffer zones as a way to exclude certain areas of their community (residential, schools, etc). The Task Force decided that the term Exclusion Zones would be clearer to the public as to the intention of these zones. The committee makes the following recommendations. Case No. 17-018 Infonnatlon Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 119 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 1. School Exclusion Zone: The school exclusion zone would be consistent with the Federal Drug Free School Zones that the Kodiak Island Borough School District is required to abide by. The School Exclusion Zone would extend 500 feet in a straight line from the edge of school property. No commercial marijuana activity would be allowed in that zone. This is consistent with what KIBSD must abide by. 2. All other Exclusion Zones would be consistent with AAC 306.010. This portion would not be required to be placed in Borough Code because it is already enumerated in State Statute. To summarize this section of Statute it states that no license will be issued if the " licensed premise will be located within 500 feet of a school ground, a recreation or youth center, a building in which religious services are regularly conducted, or a correctional facility. The distance specified in this subsection must be measured by the shortest pedestrian route from the pubic entrance of the building in which the licensed premises would be located to the outer boundaries of the school ground, the outer boundaries of the recreation or youth center, the main public entrance of the building in which religious services are regularly conducted or the main public entrance of the correctional facility." I would like to thank each of the Task Force Members for their time and energy and commitment to this process. In some ways this process has stretched each of us away from where we are most comfortable on this topic. This stretching has lead to much discussion and debate. Even though the debate was a little heated at times I really appreciate the civility of which each Task Force Member approached this task. This fmal recommendation is brought forward with the unanimous support of the KIB Marijuana Task Force. Respectfully, Casa No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 120 of 349 1 2 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 2 REGULAR MEETING: MARCH 22, 2017 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Amended: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2016-17 Assembly member Rohrer Assembly member Rohrer Assembly member Rohrer/Borough Clerk 07/182016 031032016 03/032016 03/032016 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE KODIAK ISLAND BOROUGH CODE TITLE 5 BUSINESS LICENSES AND REGULATIONS BY CREATING A NEW CHAPTER 5.02 MARIJUANA BUSINESSES WHEREAS, the passage of Ballot Measure #2 in the 2014 Stale of Alaska Election has provided for the legalization of various marijuana -related activities on a specific timeline; and WHEREAS, AS 17.38.110, "local control" in subsection (a) provides: "A local government may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or voter Initiative'; and WHEREAS, the Kodiak Island Borough wishes to exercise the authority granted to it by AS 17.38.110(a) so as to prohibit to the broadest extent possible the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores within its borders; and 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 of Ordinances; and Section 2: This ordinance shall be in effect through February 28, 2017. Section 3: A Marijuana Task Force will be created in the form of a resolution of the Assembly and shall exist concurrent with this ordinance. Section 24: KIBC Title 5 Business Licenses and Regulations is hereby amended by creating a new chapter 5.02 Marijuana Businesses to read as follows: Kodiak Island Borough, Alaska Chapter 5.02 Case No, 17-018 Information Packet Ordinance No. FY2016.17 Page 1 of 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 121 of 349 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-1) P & Z REGULAR MEETING: MARCH 22, 2017 MARIJUANA BUSINESSES Sections: 5.02.010 Marijuana Businesses Prohibited. 5.02.020 Enforcement. 5.02.010 Marijuana Businesses Prohibited. The operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores anywhere within the Kodiak Island Borough is hereby prohibited. 5.02.020 Enforcement A. A violation of a provision of this chapter Is an offense punishable by a penally not to exceed a fine of $1,000, in addition to the surcharge required under AS21 55.039. Each day that a violation continues constitutes a separate violation and is subject to a separate fine. B. Notwithstanding the availability of any other remedy provided by the provisions of this code, the borough or any person aggrieved by a violation of this chapter may institute a civil action for injunctive relief to enforce these provisions in any court of competent jurisdiction. Section 3. Effective date. This ordinance is effective upon passage. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS THIRD DAY OF MARCH, 2016 ATTEST: ova M. Javier, MMC, Boro h Clerk Kodiak Island Borough, Alaska Case No. 17-018 Information Packet KODIAK ISLAND BO GH i J rral Friend, o gh Mayor Ordinance No. FY2016.17 Page 2 of 2 ..r Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 122 of 349 1 Z 3 4 5 6 7 8 9 1D 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 Introduced by: Assembly member Rohrer Requested by: Assembly member Rohrer Drafted by: KIS Clerk Introduced on: 0311712016 Adopted on: 03/172016 KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2016-31 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ESTABLISHING A MARIJUANA TASK FORCE WHEREAS, on November 4, 2014, Ballot Measure 2 was approved statewide by the voters; and WHEREAS, Ballot Measure 2 also allows for the Borough to prohibit and/or Implement regulations governing the number, time, place and manner of marijuana cultivation facilities, manufacturing facilities, retail stores and testing facilities; and WHEREAS, there are many issues and factors to be considered by the Borough in deciding all the local issues associated with the legalization of marijuana; and WHEREAS, the Assembly is creating a Marijuana Task Force to advise the Assembly and Administration on any and all aspects, Impacts, and concerns related to the legalization of marijuana; and NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that there is established a Kodiak Island Borough Marijuana Task Force. Section 1: Created -membership. The formation of the Task Force will consist of the following eleven members. The quorum for this committee is attendance of six members and it takes a majority vote of those present for a motion to carry. • 2 Borough Assembly Members • 2 City Council Members 1 Medical Professional • 1 Law Enforcement • 1 Retail Business Owner • 1 Marijuana Advocate • 3 members at large Section 2: Organization. The chairperson and the vice chairperson are assigned by the Borough Mayor. The Chair person shall report to the entire Assembly on behalf of the Task Force. Section 3: Appointments. The Mayor shall appoint the members of the task force subject to confirmation of the Assembly. The City Council members are appointed by the City Council. Kodiak Island Borough Case No. 17-01 B Information Packet Resolution No. FY2016-31 Page 1 of 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 123 of 349 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 8o 81 82 83 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 Section 4: Powers and duties. The scope of review of the task force Includes, but not limited to: • Land use • Law enforcement • Revenue • Regulatory compliance • Cultivation • Manufacturing • Retail Stores • Testing The responsibility of the task force is to offer advice and recommendations to the Assembly and administration on both the upsides and downsides of any issue related to or Impacted by the legalization of marijuana. Section 5: Administrative assistance. The clerk's office staff shall provide the committee With supplies, meeting space, and secretarial assistance. Section 6: Reporting. The Task Force chairperson shall report to the Assembly during a public meeting. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTEENTH DAY OF MARCH 2016 KODIAK ISLAND BOROUGH ATTEST: rrol Friend, orough Mayor 16! Y� D &"�- Nova M. Javier, MMC, 9 Clerk Kodiak Island Borough Case No. 17-018 Information Packet Resolution No. FY2016.31 Page 2 of 2 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 124 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-13 P & Z REGULAR MEETING: MARCH 22, 2017 "An Act to tax and regulate the production, sale, and use of marijuana." BE IT ENACTED BY THE PEOPLE OF THE STATE OF ALASKA: *Section 1. AS 17 is amended by adding a new chapter to read: Chapter 38. The regulation of marijuana Sec. 17.38.010. Purpose and findings. (a) In the interest of allowing law enforcement to focus on violent and property crimes, and to enhance individual freedom, the people of the state of Alaska find and declare that the use of marijuana should be legal for persons 21 years of age or older. (b) In the interest of the health and public safety of our citizenry, the people of the state of Alaska further find and declare that the production and sale of marijuana should be regulated so that: (1) Individuals will have to show proof of age before purchasing marijuana; (2) Legitimate, taxpaying business people, and not criminal actors, will conduct sales of marijuana; and (3) Marijuana sold by regulated businesses will be labeled and subject to additional regulations to ensure that consumers are informed and protected. (c) The people of the state of Alaska further declare that the provisions of this Act are not intended to diminish the right to privacy as interpreted by the Alaska Supreme Court in Ravin v. State of Alaska. (d) Nothing in this Act proposes or intends to require any individual or entity to engage in any conduct that violates federal law, or exempt any individual or entity from any requirement of federal law, or pose any obstacle to federal enforcement of federal law. Sec. 17.38.020. Personal use of marijuana. Notwithstanding any other provision of law, except as otherwise provided in this chapter, the following acts, by persons 21 years of age or older, are lawful and shall not be a criminal or civil offense under Alaska law or the law of any political subdivision of Alaska or be a basis for seizure or forfeiture of assets under Alaska law: (a) Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana; (b) Possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown; (c) Transferring one ounce or less of marijuana and up to six immature marijuana plants to a person who is 21 years of age or older without remuneration; (d) Consumption of marijuana, except that nothing in this chapter shall permit the consumption of marijuana in public; and (e) Assisting another person who is 21 years of age or older in any of the acts described in paragraphs (a) through (d) of this section. Sec. 17.38.030. Restrictions on personal cultivation, penalty. (a) The personal cultivation of marijuana described in AS 17.38.020(6) is subject to the following terms: Case No. 17-010 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 125 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 (1) Marijuana plants shall be cultivated in a location where the plants are not subject to public view without the use of binoculars, aircraft, or other optical aids. (2) A person who cultivates marijuana must take reasonable precautions to ensure the plants are secure from unauthorized access. (3) Marijuana cultivation may only occur on property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property. (b) A person who violates this section while otherwise acting in compliance with AS 17.38.020(b) is guilty of a violation punishable by a fine of up to $750. Sec. 17.38.040. Public consumption banned, penalty. It is unlawful to consume marijuana in public. A person who violates this section is guilty of a violation punishable by a fine of up to $100. Sec. 17.38.050. False identification, penalty. (a) A person who is under 21 years of age may not present or offer to a marijuana establishment or the marijuana establishment's agent or employee any written or oral evidence of age that is false, fraudulent or not actually the person's own, for the purpose of: (1) Purchasing, attempting to purchase or otherwise procuring or attempting to procure marijuana or marijuana products; or (2) Gaining access to a marijuana establishment. (b) A person who violates this section is guilty of a violation punishable by a fine of up to $400. Sec. 17.38.060. Marijuana accessories authorized. Notwithstanding any other provision of law, it is lawful and shall not be an offense under Alaska law or the law of any political subdivision of Alaska or be a basis for seizure or forfeiture of assets under Alaska law for persons 21 years of age or older to manufacture, possess, or purchase marijuana accessories, or to distribute or sell marijuana accessories to a person who is 21 years of age or older. Sec. 17.38.070. Lawful operation of marijuana -related facilities. (a) Notwithstanding any other provision of law, the following acts, when performed by a retail marijuana store with a current, valid registration, or a person 21 years of age or older who is acting in his or her capacity as an owner, employee or agent of a retail marijuana store, are lawful and shall not be an offense under Alaska law or be a basis for seizure or forfeiture of assets under Alaska law: (1) Possessing, displaying, storing, or transporting marijuana or marijuana products, except that marijuana and marijuana products may not be displayed in a manner that is visible to the general public from a public right-of-way; (2) Delivering or transferring marijuana or marijuana products to a marijuana testing facility; (3) Receiving marijuana or marijuana products from a marijuana testing facility; (4) Purchasing marijuana from a marijuana cultivation facility; (5) Purchasing marijuana or marijuana products from a marijuana product manufacturing facility; and (6) Delivering, distributing, or selling marijuana or marijuana products to consumers. (b) Notwithstanding any other provision of law, the following acts, when performed by a marijuana cultivation facility with a current, valid registration, or a person 21 years of age or older who is acting in his or her capacity as an owner, employee or agent of a marijuana cultivation Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 126 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 facility, are lawful and shall not be an offense under Alaska law or be a basis for seizure or forfeiture of assets under Alaska law: (1) Cultivating, manufacturing, harvesting, processing, packaging, transporting, displaying, storing, or possessing marijuana; (2) Delivering or transferring marijuana to a marijuana testing facility; (3) Receiving marijuana from a marijuana testing facility; (4) Delivering, distributing, or selling marijuana to a marijuana cultivation facility, a marijuana product manufacturing facility, or a retail marijuana store; (5) Receiving or purchasing marijuana from a marijuana cultivation facility; and (6) Receiving marijuana seeds or immature marijuana plants from a person 21 years of age or older. (c) Notwithstanding any other provision of law, the following acts, when performed by a marijuana product manufacturing facility with a current, valid registration, or a person 21 years of age or older who is acting in his or her capacity as an owner, employee or agent of a marijuana product manufacturing facility, are lawful and shall not be an offense under Alaska law or be a basis for seizure or forfeiture of assets under Alaska law: (1) Packaging, processing, transporting, manufacturing, displaying, or possessing marijuana or marijuana products; (2) Delivering or transferring marijuana or marijuana products to a marijuana testing facility; (3) Receiving marijuana or marijuana products from a marijuana testing facility; (4) Delivering or selling marijuana or marijuana products to a retail marijuana store or a marijuana product manufacturing facility; (5) Purchasing marijuana from a marijuana cultivation facility; and (6) Purchasing of marijuana or marijuana products from a marijuana product manufacturing facility. (d) Notwithstanding any other provision of law, the following acts, when performed by a marijuana testing facility with a current, valid registration, or a person 21 years of age or older who is acting in his or her capacity as an owner, employee or agent of a marijuana testing facility, are lawful and shall not be an offense under Alaska law or be a basis for seizure or forfeiture of assets under Alaska law: (1) Possessing, cultivating, processing, repackaging, storing, transporting, displaying, transferring or delivering marijuana; (2) Receiving marijuana or marijuana products from a marijuana cultivation facility, a marijuana retail store, a marijuana products manufacturer, or a person 21 years of age or older; and (3) Returning marijuana or marijuana products to a marijuana cultivation facility, marijuana retail store, marijuana products manufacturer, or a person 21 years of age or older. (e) Notwithstanding any other provision of law, it is lawful and shall not be an offense under Alaska law or be a basis for seizure or forfeiture of assets under Alaska law to lease or otherwise allow the use of property owned, occupied or controlled by any person, corporation or other entity for any of the activities conducted lawfully in accordance with paragraphs (a) through (d) of this section. (f) Nothing in this section prevents the imposition of penalties upon marijuana establishments for violating this chapter or rules adopted by the board or local governments pursuant to this chapter. (g) The provisions of AS 17.30.020 do not apply to marijuana establishments. Sec. 17.38.080. Marijuana Control Board. Case No. 17-01a Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 127 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-D P a Z REGULAR MEETING: MARCH 22, 2017 At any time, the legislature may create a Marijuana Control Board in the Department of Commerce, Community, and Economic Development or its successor agency to assume the power, duties, and responsibilities delegated to the Alcoholic Beverage Control Board under this chapter. Sec. 17.38.090. Rulemaking. (a) Not later than nine months after the effective date of this act, the board shall adopt regulations necessary for implementation of this chapter. Such regulations shall not prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation unreasonably impracticable. Such regulations shall include: (1) Procedures for the issuance, renewal, suspension, and revocation of a registration to operate a marijuana establishment, with such procedures subject to all requirements of AS 44.62, the Administrative Procedure Act; (2) A schedule of application, registration and renewal fees, provided, application fees shall not exceed $5,000, with this upper limit adjusted annually for inflation, unless the board determines a greater fee is necessary to carry out its responsibilities under this chapter; (3) Qualifications for registration that are directly and demonstrably related to the operation of a marijuana establishment; (4) Security requirements for marijuana establishments, including for the transportation of marijuana by marijuana establishments; (5) Requirements to prevent the sale or diversion of marijuana and marijuana products to persons under the age of 21; (6) Labeling requirements for marijuana and marijuana products sold or distributed by a marijuana establishment; (7) Health and safety regulations and standards for the manufacture of marijuana products and the cultivation of marijuana; (8) Reasonable restrictions on the advertising and display of marijuana and marijuana products; and (9) Civil penalties for the failure to comply with regulations made pursuant to this chapter. (b) In order to ensure that individual privacy is protected, the board shall not require a consumer to provide a retail marijuana store with personal information other than government -issued identification to determine the consumer's age, and a retail marijuana store shall not be required to acquire and record personal information about consumers. Sec. 17.38.100. Marijuana establishment registrations. (a) Each application or renewal application for a registration to operate a marijuana establishment shall be submitted to the board. A renewal application may be submitted up to 90 days prior to the expiration of the marijuana establishment's registration. (b) The board shall begin accepting and processing applications to operate marijuana establishments one year after the effective date of this act. (c) Upon receiving an application or renewal application for a marijuana establishment, the board shall immediately forward a copy of each application and half of the registration application fee to the local regulatory authority for the local government in which the applicant desires to operate the marijuana establishment, unless the local government has not designated a local regulatory authority pursuant to AS 17.38.110(c). (d) Within 45 to 90 days after receiving an application or renewal application, the board shall issue an annual registration to the applicant unless the board finds the applicant is not in compliance with regulations enacted pursuant to AS 17.38.090 or the board is notified by the relevant local government that the applicant is not in compliance with ordinances and regulations made pursuant to AS 17.38.110 and in effect at the time of application. Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 128 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 (e) If a local government has enacted a numerical limit on the number of marijuana establishments and a greater number of applicants seek registrations, the board shall solicit and consider input from the local regulatory authority as to the local government's preference or preferences for registration. (f) Upon denial of an application, the board shall notify the applicant in writing of the specific reason for its denial. (g) Every marijuana establishment registration shall specify the location where the marijuana establishment will operate. A separate registration shall be required for each location at which a marijuana establishment operates. (h) Marijuana establishments and the books and records maintained and created by marijuana establishments are subject to inspection by the board. Sec. 17.38.110. Local control. (a) A local government may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or by a voter initiative. (b) A local government may enact ordinances or regulations not in conflict with this chapter or with regulations enacted pursuant to this chapter, governing the time, place, manner and number of marijuana establishment operations. A local government may establish civil penalties for violation of an ordinance or regulation governing the time, place, and manner of a marijuana establishment that may operate in such local government. (c) A local government may designate a local regulatory authority that is responsible for processing applications submitted for a registration to operate a marijuana establishment within the boundaries of the local government. The local government may provide that the local regulatory authority may issue such registrations should the issuance by the local government become necessary because of a failure by the board to adopt regulations pursuant to AS 17.38.090 or to accept or process applications in accordance with AS 17.38.100. (d) A local government may establish procedures for the issuance, suspension, and revocation of a registration issued by the local government in accordance with (i) of this section or (g) of this section. These procedures shall be subject to all requirements of AS 44.62, the Administrative Procedure Act. (e) A local government may establish a schedule of annual operating, registration, and application fees for marijuana establishments, provided, the application fee shall only be due if an application is submitted to a local government in accordance with (f) of this section and a registration fee shall only be due if a registration is issued by a local government in accordance with (i) of this section or (g) of this section. (f) If the board does not issue a registration to an applicant within 90 days of receipt of the application filed in accordance with AS 17.38. 100 and does not notify the applicant of the specific, permissible reason for its denial, in writing and within such time period, or if the board has adopted regulations pursuant to AS 17.38.090 and has accepted applications pursuant to AS 17.38. 100 but has not issued any registrations by 15 months after the effective date of this act, the applicant may resubmit its application directly to the local regulatory authority, pursuant to (c) of this section, and the local regulatory authority may issue an annual registration to the applicant. If an application is submitted to a local regulatory authority under this paragraph, the board shall forward to the local regulatory authority the application fee paid by the applicant to the board upon request by the local regulatory authority. (g) If the board does not adopt regulations required by AS 17.38.090, an applicant may submit an application directly to a local regulatory authority after one year after the effective date of this act and the local regulatory authority may issue an annual registration to the applicant. Case No. 17.018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 129 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 (h) A local regulatory authority issuing a registration to an applicant shall do so within 90 days of receipt of the submitted or resubmitted application unless the local regulatory authority finds and notifies the applicant that the applicant is not in compliance with ordinances and regulations made pursuant to (b) of this section in effect at the time the application is submitted to the local regulatory authority. The local government shall notify the board if an annual registration has been issued to the applicant. (i) A registration issued by a local government in accordance with (f) of this section or (g) of this section shall have the same force and effect as a registration issued by the board in accordance with AS 17.38.100. The holder of such registration shall not be subject to regulation or enforcement by the board during the term of that registration. (j) A subsequent or renewed registration may be issued under (f) of this section on an annual basis only upon resubmission to the local government of a new application submitted to the board pursuant to AS 17.38.100. (k) A subsequent or renewed registration may be issued under (g) of this section on an annual basis if the board has not adopted regulations required by AS 17.38.090 at least 90 days prior to the date upon which such subsequent or renewed registration would be effective or if the board has adopted regulations pursuant to AS 17.38.090 but has not, at least 90 days after the adoption of such regulations, issued registrations pursuant to AS 17.38.100. (1) Nothing in this section shall limit such relief as may be available to an aggrieved party under AS 44.62, the Administrative Procedure Act. Sec. 17.38.120. Employers, driving, minors and control of property. (a) Nothing in this chapter is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees. (b) Nothing in this chapter is intended to allow driving under the influence of marijuana or to supersede laws related to driving under the influence of marijuana. (c) Nothing in this chapter is intended to permit the transfer of marijuana, with or without remuneration, to a person under the age of 21. (d) Nothing in this chapter shall prohibit a person, employer, school, hospital, recreation or youth center, correction facility, corporation or any other entity who occupies, owns or controls private property from prohibiting or otherwise regulating the possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in that property. Sec. 17.38.130. Impact on medical marijuana law. Nothing in this chapter shall be construed to limit any privileges or rights of a medical marijuana patient or medical marijuana caregiver under AS 17.37. Sec. 17.38.900. Definitions. As used in this chapter unless the context otherwise requires: (1) `Board" means the Alcoholic Beverage Control Board established by AS 04.06. (2) "Consumer" means a person 21 years of age or older who purchases marijuana or marijuana products for personal use by persons 21 years of age or older, but not for resale to others. (3) "Consumption" means the act of ingesting, inhaling, or otherwise introducing marijuana into the human body. (4) "Local government" means both home rule and general law municipalities, including boroughs and cities of all classes and unified municipalities. Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 130 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P a Z REGULAR MEETING: MARCH 22, 2017 (5) "Local regulatory authority" means the office or entity designated to process marijuana establishment applications by a local government. (6) "Marijuana" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. "Marijuana" does not include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products. (7) "Marijuana accessories" means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. (8) "Marijuana cultivation facility" means an entity registered to cultivate, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. (9) "Marijuana establishment" means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store. (10) "Marijuana product manufacturing facility" means an entity registered to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. (11) "Marijuana products" means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. (12) "Marijuana testing facility" means an entity registered to analyze and certify the safety and potency of marijuana. (13) "Retail marijuana store" means an entity registered to purchase marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana products from marijuana product manufacturing facilities, and to sell marijuana and marijuana products to consumers. (14) "Unreasonably impracticable" means that the measures necessary to comply with the regulations require such a high investment of risk, money, time, or any other resource or asset that the operation of a marijuana establishment is not worthy of being carried out in practice by a reasonably prudent businessperson. *Sec. 2. AS 43 is amended by adding a new chapter to read: Chapter 61. Excise tax on marijuana Sec. 43.61.010. Marijuana tax. (a) An excise tax is imposed on the sale or transfer of marijuana from a marijuana cultivation facility to a retail marijuana store or marijuana product manufacturing facility. Every marijuana cultivation facility shall pay an excise tax at the rate of $50 per ounce, or proportionate part thereof, on marijuana that is sold or transferred from a marijuana cultivation facility to a retail marijuana store or marijuana product manufacturing facility. Case No. 17-0181nfonnatlon Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 131 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-1) P a Z REGULAR MEETING: MARCH 22, 2017 (b) The department may exempt certain parts of the marijuana plant from the excise tax described in (a) of this section or may establish a rate lower than $50 per ounce for certain parts of the marijuana plant. Sec. 43.61.020. Monthly Statement and Payments. (a) Each marijuana cultivation facility shall send a statement by mail or electronically to the department on or before the last day of each calendar month. The statement must contain an account of the amount of marijuana sold or transferred to retail marijuana stores and marijuana product manufacturing facilities in the state during the preceding month, setting out (1) the total number of ounces, including fractional ounces sold or transferred; (2) the names and Alaska address of each buyer and transferee; and (3) the weight of marijuana sold or transferred to the respective buyers or transferees. (b) The marijuana cultivation facility shall pay monthly to the department, all taxes, computed at the rates prescribed in this chapter, on the respective total quantities of the marijuana sold or transferred during the preceding month. The monthly return shall be filed and the tax paid on or before the last day of each month to cover the preceding month. Sec. 43.61.030. Administration and Enforcement of Tax. (a) Delinquent payments under this chapter shall subject the marijuana cultivation facility to civil penalties under AS 43.05.220. (b) If a marijuana cultivation facility fails to pay the tax to the state the marijuana cultivation facility's registration may be revoked in accordance with procedures established under AS 17.38.090(a)(1). *Sec. 3. The provisions of this Act are independent and severable, and, except where otherwise indicated in the text, shall supersede conflicting statutes, local charter, ordinance, or resolution, and other state and local provisions. If any provision of this Act, or the application thereof to any person or circumstance, is found to be invalid or unconstitutional, the remainder of this Act shall not be affected and shall be given effect to the fullest extent possible. Case No, 17-0181nfomation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 132 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.005 CoslMsacR, Coeammny, mt) Ec. Dcv. 3 AAC 306.005 Chapter 306. Regulation of Marijuana Industry. Araele 1. IJernolug; Fees (3 AAC 805.005 - e MC 306.100) 2. heal Optima, (3 AAC 306.200 - 3 AAC 806,260) 8. Recoil Mar6umn Skrea (3 AAC 800.800 - 3 MC 306.960) 4. Marijuem Cultivation Facilities (3 AAC 306.400 - 3 AAC 306.480) S. Marijuana Product Manufacturing Faciloina(3 AAC 306900-3 AAC 306.6701 S. Martina.. elating Facilities (3 AAC SWAM - 3 MC 306.676) 7. Opemting Rnlairome.b for All Mar6uava Eatatd la, mu (3 MC 306.700 -3 MC 306.765) S. RrJoroemmt' Civfl Penalties (3 MC 308900 - 3 MC 308$50) 9. Cmml Ptoviaimu l3 AAC 308.905 - 3 MC 306.9901 Article 1. Licensing; Fees. kctinn potion O6. Lumen required 66. Criminal iritis idmn brtim and te- 10. License rc,trkU.. arde 15. Ltceaae anditima 20. Application far m+ li,. 60, pphn,t by local gwrrnmal 25. Appllentinn pnnidum 60, Protes breed ties p• Pa 30. Milk. for License in .rca with an 70. Hearing on public palest haul gmmammt 75. Procedure kraetion an literati appli. 35. Apidiation for n•.ewsl of her. utkn - 40. Ownership duces b Iw nported 80. Daniel ofliceoee application 45. Applieatlun f.r tran.6•r of a limas 85. Inranml rmferoma W amthrr p9ao0 90. Formal b�armg 50. Relocation, ur lisped premien not 95. Appe.le allowed 100. Frc.:".l.nd 8 AAC 808.006. flcense required. A marijuann establishment may not operate in the state unless it has obtained the applicable mnrijuana establishment license from the board The board will issue the following marbunna entahl nfunpnt licenses under this chapter: (1) a retail marijuana store license, granting authority for activ- ities allawed under AS 17.38.070(a), and subject to the provisions of 3 AAC $06.380 - 3 AAC 306.360 and 3 AAC 306.700 - 3 AAC 306.756; (2) a marijuana cultivation facility license, as described in 8 AAC 806,406 and 8 AAC 306.410, granting authority for activities al- lowed under A817.88.070(b), and subject to the provisions of AAC 306.400 - 3 AAC 306.480 and VAAC 306.700 - 3 AAC 306.755; (3) a marijuana product manufacturing facility license, as de- scribed in 3 AAC 306.505 and 3 AAC 306.515, granting authority fnr activities allowed under A3 17.38.070(c), and subject to the provisions of 3 AAC 306.500 - 3 AAC 306.570 and 3 AAC 306.700 - 3 AAC 306.755; and (4) a marijuana testing facility license, granting authority for activities allowed under AS 17.38.070(d), and subject to the provi- sions of 3 AAC 306.600 - 3 AAC 306.675 and 3 AAC 306.700 - 8 AAC 306.755. (EA. 212112016, Register 217) 1133 Case No. 17-016 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 133 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-0 P s Z REGULAR MEETING: MARCH 22, 2017 3 AAC 300.010 AusrsAmm tsar u7 Couc 3 AAC 306.010 • Authority: AS 1774.010 AS 1744.168 AS 17.88300 AS 1778.070 AS 17.98.190 AS 17.98.900 AS 1778.121 3 AAC 306.010. License restrictions. (a) The board will not issue a marpunna establishment license if the licensed premises will be located within 600 feet of a school ground, a recreation or youth center, a building in which religious services are regularly conducted, or a correctional facility. The distance spercifled in this subsection must be measured by the shortest pedestrian route from the public entrance of the building in which the licensed promises would be located to the outer boundaries of the school ground, the outer boundaries of the recreation or youth center, the main public entrance of the building in which religious services are regularly conducted, or the main public • entrance of the correctional facility. This section does not prohibit the renewal of an existing marijuana establishment license or the transfer of an existing marijuana establishment license to another person if the licensed premises were in use before the school gmund, recreation or youth center, the building in which religious nervires are regularly conducted, or a correctional facility began use of a site within 500 feet. If an existing marijuana establishment license for premises located within 500 feet of a school ground, a recreation or youth center, a building in which religious services ere regularly conducted, or a correctional facility in revoked or expires, the board will not issue another marijuana establishment license fnr the same premises unless the actual ground, the memation oryouth center, the building in which religious servires nm regularly conducted, or the correctional facility no longer occupies the site within 600 feet. (b) The board will not issue a marijuana establishment license ifthe licensed premises will be located in a liquor license premises. (c) The board will not issue a marjjumm establishment license when a local government protests an application under 3 AAC 306.060 on the grounds that the npplimnCs proposed licensed promises are located in a place within the local government whem a local zoning ordinance prohibits the marpunna establishment, unless the Incal government has approved a variance from the local ordinance. (d) The bard will not issue a marijuann establishment license to a person that 111 isprohibited underAS 17.38.2001ilfmmrectrivinga marijuana • establishment license I*vause of a conviction of a felony; if the applicant is a partnership, limited liability company, or corporation, the board will not issue a license if any person named in 8 AAC 306.020(6X2) is prohibited under AS 17.38.200(i) from obtaining a license; in We paragraph, 'conviction of n felony" includes a ans- pended imposition of sentence; (2) has been found guilty of (A) selling alcohol without a license in vintatiun of AS O4.11.010; (B) selling alcohol to an individual under 21 years of age in violation of AS 04.16.051 or 04.16.052; or 1134 • Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 134 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 I 3 AAC 806.016 CUMI¢ E, CoMemsnr, Amt Ec. DEv. 3 AAC 306.015 (C) a misdemeanor crime involving a controlled substance, violence against a person, use of a weapon, er dishonesty within the preceding five years; or (3) has, within two years before submitting an application, been convicted of a class A misdemeanor relating to selling, furnishing, or distributing marijuana or operating an establishment where mari- juana is consumed rnntrary to state law. (ER. 'L21/2016, Register 217) Authoritl- AS 17.88.010 AS 17.99160 AS 17.38.200 AS 17.88.070 AS 17.99.190 AS 17.18eoD AS 17.98.121 8 AAC 306.016. License conditions. (a) The board will issue each marijuana establishment license to a specific individual, to a partnership, including a limited partnership, to a limited liability company, to a corporation, or to a local government. A person other than a licensee may not have a direct or indirect financial interest in the business for which a mmijunna establishment license is issued. (b) The board will not issue a marjjuana establishment license to (1) an individual or a sole proprietorship unless thn individual or proprietor is a resident of the state; (2) a partnership unless each partner is a resident of the state; (8) a limited liability company unless the limited liability com- pany is qualified to do business in the state and each member of the limited liability company is a resident of the state; or (4) a corporation unless the corporation is incorporated or quali- fied to do business in the state and Poch shnrcholder is a resident or the state. (c) The board will issue each license for a specific location identified on the license an the licensed premises. A mar(jumna establishment must have a right to possession of its licensed promisee at all times, and may not lease its licensed premises to another person for any reason. If a marijuana establishment wishes to reduce or expand the nrea of the licensed premises used for a mar(juenn ratabliahment, the ma6uarm establishment must submit a new line drawing showing the propomd changes to the premises, and must obtain the board's written appmvnl. A marijuana establishment may not relocate its licensed premises to a different place without obtaining a license for the now promises as required under 3 AAC 306.050. (d) The board will impose other conditions or restrictions on a license issued underthis chapter when it finds that it is in the interests of the public to do so. (e) In this section, (1) "direct or indirect financial Interest" means (A) a legal or equitable interest in the operatinn of n business licensed under this chapter, (13) dues not include a person's right to receive irv5 Case No. 17.018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 135 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-0 P A Z REGULAR MEETING: MARCH 22, 2017 8 AAC 306.020 Amsm Anmaerramm Cone 3 AAC 306.020 (il rental charges on a graduated or percentage lesse-rent agreement for real estate leased to a licensee; or (f) a consulting fee Gem a licensee for services that are allowed under this chnpter, (2) 'resident of the state means a person who meets the residency requirement under AS 43.23 for a permanent fund dividend in the calendar year in which that person applies for a marijuana estab- lishment license under this chapter. (EB: 2/21/2016, Register 217; addl son 2/21/2016, Register 217) Authority: AS 17.98.010 AS 17.38.160 AS 17.98.200 AS 17.39.070 AS 17.38.190 AS 17.38.900 AS 17.99.121 8 AAC 808.020. Application for new license. (a) An applicant for a new marijuana establishment license most file an application as provided in 3 AAC 306.025, on a form the board prescribes, with the information and documents described in this section, along with the application fee and the annual license roe act out in 3 AAC 306.100, and the fingerprint cards and fees required by 3 AAC 306.055(e). The application must be initiated electronically; the completed application and fees may be filed electronically, or mailed or delivered to the director at the office of the board- (b) oard(b) An application for a new marijunna establishment license most include (1) the name of the applicant and any business name the uppli- met will use for the proposed marijuana establishment, along with the applicant's state business license number issued underAS 43.70; (2) the name, mailing address, telephone number, and social security number of each proposed licenaue and each affiliate of each proposed licensee; unless the context requires otherwise, "licensee" means each individual named in an npplication that complies with this section; an individual to be identified as a licensee under Us section includes (A) if the applicant is an individual or a sole proprietor, the individual or sole proprietor; (B) if the applicant is a partnership, including a limited part- nership, each partner holding any interest in the partnership; (C) if the applicant is a limited liability company, each member holding any ownership interest; (D) if the applicant is a corporation, each owner of any of the corporation's stock; and (E) if the applicant is a local government, an authorized official of the local government; (3) for each applicant that is not an individual, the applicable documents and information as follows; (A) for a partnership, including a limited partnership, the partnership agreement, the name of each general or managing 1136 Case No. 17-015 Infoanation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 136 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.020 ComuFmca, CommuNrrv, um Ec. Day. 3 AAC 306.020 partner, and a list of all partners with the percentage of ownership or each partner; (B) for a limited liability company, the limited liability company agreement, and a but of all members with the percentage of ownership of each member; (C) for a corporation, the certificate of incorporation, the name of each corporate officer, and a list of all shareholders with the percentage of ownership of each shareholder; (D) for a local government, a resolution of the governing body approving the application and designating an official responsible for the proposed marijuana establishment; (4) for each person listed in compliance with (2) of this subsection, a statement of financial interest on a farm the board prescribes; (6) for each applicant that is net an individual, the name of the individual ]icomee or designated government official listed in the application under (2) of this subsection who is responsible for (A) management of the marijuana establishment; and (B) compliance with state laws; (6) an electronic mail address at which the applicant agrees to receive any mrrespondence from the board before and after it receives a license; an applicant and a licensee must ensure that any electronic mail address provided to the board is current so that the board can contact the applicant or licensee at any time; (7) the type of license the applicant is requesting; (B) the address of the preminem to include global positioning system (GPS) coordinates where the applicant intends to operate a marijuana esMhlishment, and a detailed diagram of the proposed licensed premises; the diagram must show all entrances and bound- aries of the premises, restricted amass areas, and storage areas; (9) the title,lease, or other documentation showing the applicant's right to pnmscasian of the proposed licensed premises; (10) an affidavit showing where and when the applicant posted notice of the application, and proof or advertising as required in 3 AAC 306.026(6); and (11) additional information that the hoard requirus as follows: (A) for a retail marijuana store, the information required under 3 AAC 306.316; (B) fir a marijuana cultivation facility, the information re- quired under 3 AAC 306.420; (C) for a mur(junnn product manufacturing facility, the inf ary motion required under 3 AAC 306.620; (D) for a marijuana testing facility, the information required under 3 AAC 306.616. (c) A marjivana establishment license application must include the applicant's operating plan, in a format the board prescribes, describing to the board's satisfaction the proposed marijuana establishments plans for 1137 Case No. 17-018 Intonation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 137 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-13 P g Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.025 Alaou Anuen:rrmwH Cans 3 AAC 386.025 (1) security', (2) inventory tracking orall marijuana and marijuana products on the premises; (3) employee qualifiention and training; (4) waste disposal; (5) transportation and delivery of marijuana and marijuana prod. nels• and (6) signage and advertising. (d) An applicatinn for it marijuana establishment license must be signed by (1) the applicant, if the applicant is an individual; (2) an authorized general partner if the applicant is a partner- ship, including a limited partnership; (3) s member who owns at least 10 percent orthe limited liability company if the applicant is a limited liability company; (4) the authorized officers of the corporation if the applicant is a corporation; or (5) a designated official if the applicant is a local government (e) Each person signing an application for a marijuana establish- ment license must declare under penalty of unsworn falsification that (1) the application is true, correct, and complete; (2) the applicant has read and is familiar with A6 17.38 and this chapter; and (3) the applicant will provide all information the board requires in support of the application. (Eff. 2/21/2016, Register 217) Authoritrr AS 1758.010 AS 17.38.150 AS 17.38900 - AS 1798.070 AS 17.88.1110 AS 1798.9e1D AS 1798.121 Edltorl noir. Forma and hearentimu Internet add. Is for filing an application for a man -Ulan, www.mnunertc.alaotn.t'm'lwaNabd and vetablinhment ❑caress enn be obtained on- its net. is at 660 W, -.t 7tit Arr. Suite lineat the Marinates Control Board's web 1800. Anchomgo. AK 99501. The board's ate or at the board's office. The board's telephone number is (907) 289.0760. S AAC 306,025. Application precedence. (a) An applicant mast initiate a new mnr( uana establishment license application an a form the board prescribes, using the board's electronic system. (b) As aeon as practical after initiating a new mary'unna license application, the applicant must give notice of the application to the public by (1) posting a copy of the application, on the form the board prescribes, for 10 days at (A) the location of the proposed licensed premises; and (B) one other conspicuous location in the area of the proposed premises; (2) publishing an announcement once a week for three ci msecu- Live weeks in a newspaper of general circulation in the area; in an 1138 Case No. 17-016 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 138 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-13 P & Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.026 Comtz&CE, Comtmm, atm Ec. Dev. 3 AAC 300.025 area where no newspaper circulates, the applicant most arrange for broadcast announcements on a radio station serving the local area where the proposed )icensee seeks to operate twice a week for three successive weeks during triple A advertising time; the newspaper or radio notice must state (A) the name of the applicant; (B) the name and location of the proposed premises; (C) the type of license applied for along with a citation to a provision of this chapter authorizing that type of license; and (D) a statement that any comment or objection may be submit. ted to the board; and (3) submitting a copy of the application on the firm the board prescribes to (A) the local government; and (B) any community council in the area of the proposed licensed premiaea. (c) Atter the applicant completes the notice requirements in (b) of this section and submits each remaining application requirement listed in 3 AAC 306.020, the applicant must pay the application and licensing fees set out in 3 AAC 306.100. The applicant must then use the board's electronic system to inform theboard that the applicant has submitted a complete application. (d) When the director receives an application for a marijuana establishment license, the director shall determine if the application is complete. Any application for a marijuana establishment license that the director receives without the application fee is incomplete. If the director determines the application is complete, the director aball immediately give written notice to; (1) the applicant; (2) the local government with jurisdiction over the applicant's proposed licensed premises; (3) the community council if the proposed licensed premises am located within the boundary of a community council established by municipal charter or ordinance; and (4) my nonprofit community organization that has requested notification in writing. (e) If an application for a marijuana establishment license is incom. plate, the director shall notify the applicant by electronic mail at the address provided by the applicant and shall either (1) return an incomplete application in its entirety, or (2) request the applicant to provide additional idrntilied items needed to complete the application. (n When the director informs an applicant that its application is incomplete as provided in (e) of this section, the applicant must complete the application not later than 90 days atter the date of the director a notice. If an applicant fails to complete its application during the 90 -day period atter the directors notice, the applicant must file a 1139 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 139 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.030 Ai. smkAmuNI3rMTn'Y. Coon 3 AAC 306.035 now npplication and pay a now application fee to obtain a mar�uana establishment license (ECT. 2/21/2016, Register 217) AuthoAtp AS 17.38.010 AS 17.79.160 AS 1728.200 AS 17.38.070 AS 17.78.190 AS 1759.900 A8 17.89.121 3 AAC 306.030. Petition for license In area with no local government. (a) The beard will not approve a new license in an area outside, but within 50 miles of, the boundary of a local government unless the board receives a petition to issue the license signed by a majority of the permanent residents residing within one mile of the proposed premises. (h) The board will not approve a new license in an area that is 50 miles or mom from the boundary of a local government unless the board receives a petition to issue the license containing the signatures of two-thirds of the permanent residents residing within a radius of five miles of the United States post office station nearest to the proposed licensed premises. If there is no United States post office station within a radius of five miles of the proposed licensed promises, the petition most be signed by two-thirds of the permanent residents residing within a five -mile radius of the proposed licensed premises. (c) Apetition authorized by this section must be on a form the board prescribes. The applicant must obtain the required signatures within the 90 -day period immediately before submitting the petition to the board. A siganture may not be added to or removed from the petition after the board has approved the application. (d) In this section, "Permanent resident"means a person 21 years of age or older who has established a permanent place of abode. Aperson may be a permanent resident of only one place. (E6 2/21/2016, Register 217) Authoritrt AS 17.39.010 AS 1759.150 AS 1759.200 AS 17.38.070 AS 17.98190 AS 17.39.900 AS 1759.121 3 AAC 308.035. Application for renewal of license. (a) On or before May 1 of each year, the director rehall send notice that a maNuans establishment must file a renewal application not later than June 30 of the current year. The director shall send the notice to the marquana establisbment's electronic mailing address on file with the board. In the notice the director shall include a hyperlink for the marijuana establishment to access the electronic renewal application by means of the Internet, along with instructions on using and submitting the torn. The marijuana establishment must submit the completed renewal application electronically, along with the license renewal fee, to the director not later than June 30 of each year. If June 30 falls an a Saturday or Sunday, the deadline is extended to 4:30 p.m. on the first business day following June 30. A mar{ unna establishment 1140 Case No. 17.018 Inforrnaoon Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 140 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.035 Comteacs, Couwumm,, arm Ee. Dev. 3 AAC 306.035 must maintain a current electronic mailing address on file with the director. A marijuana establishment is not excused from filing a renewal application as required in this section even if the marijuana establishment fails to receive a renewal notice from the director. (b) A marijuann establishmenfe renewal application most (1) identify the license sought to be renewed by license number, license type, establishment name, and premises address; (2) provide the information required for a new license application under 3 AAC 306.020(bXl) — (9); (3) report any change from the marijuana establishment's now license application or last renewal application, and pay the fee as provided in 3 AAC 306.100 for board review, of any change in (A) the name of the marijuana establishment business; (B) the licensed premises from the last diagram submitted; (C) the marijuana establishment's operating plan; and (D) any new product a licensed marijuana product manufactur- ing facility wishes to produce; (4) report, for each licensee listed in 3 AAC S06.020(bx2), (A) any criminal charge on which that licensee has been con- victed in the previous two calendar years; and (B) any civil violation of AS D4, AS 17.38, or this chapter in the previous two calendar years; and (5) declare under penalty of unaware falsification that (A) the application is true, correct and complete; (B) the applicant has reed and is familiar with AS 17.38 and this chapter; and (C) the applicant will provide all information the board requires in support of the renewal application. (c) If the director determines that the renewal application is com- plete, the director shall give written notice of a renewal application to (1) the applicant; (2) the local government in the area in which the applicant's proposed licensed premises are located; (3) the community council if the proposed licensed premises are located within the boundary of a community council established by municipal charter or ordinance; and (4) any nonprofit community organization that has requested notification in writing. (d) The director may require an applicant for renewal of a license under this chapter to submit fingerprints and pay fees as required by 3 AAC 306.055(a). (e) A licensee that does not deliver a renewal application to the director on or before June 30 of each year is delinquent and most pay the late renewal application fee under 3 AAC 306.100(b) with the renewal application. (f) On or before August 15 of each year, the director shall deliver a notice of expirntion to each marijuana establishment that has not filed 1141 Case No. 17-0181nformation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 141 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-0 P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.040 ALAwAAD,1ma8rmA K Cons 3 AAC 306.040 • a complete application for renewal of a license, along with any applicable ol5dnvit and the required fee, unless the mnrquana estab- lishment has notified the director that it does not intend to seek a renewal of its license. The director shall deliver the notice of expiration to the electronic mail address the marijunna establishment has pro- vided to the director. A marijuana establishment is not excused from filing a license renewal application not Inter than August 31 of each year even if the marijuana eAtnblishment does not receive the notice of expiration described in this section. (g) If a marijuana establishment fails to deliver a complete license renewal applicaUnn or fails to pay the required renewal fee and the late renewal application fee on or before August 31 of each year, that • marijuana establishment license expires at 12:00 midnight on August 31 of that year. A holder of an expired license shall immediately surrender the license to the board. Any holder of an expired license that seeks authority to operate must file a complete new applicatinn under 3 AAC 306.020, and 3 AAC 306.025, along with the required fees. (Eff. 22112016, Register 217) Authority: AS 17.38.010 AS 1778Jri0 AS 17.3820U AS 17.38.070 AS 17,38190 AS 17.88.1100 AS 1778121 8 AAC 306.041. Ownership change to be reported. (a) A Ii- mused marijunno establishment shall, not later then 10 days atter an . ownership change, report the change on a in= prescribed by the board. (b) If any change required to he reported under this section will result in a change in controlling interest of the marijuana establish- ment license, the marijuana establiahment most file an application far transfer of license to another person under 3 AAC 306.045. (c) In this section, °ownership change" means 11) if the licensce is a partnership. including a limited partnmry ship, any change in the identity of the partners, or in the ownership pereantages held by any partners; (2) if the licensee is a limited liability company, any change in the identity of the members, or in the ownership percentage held by any • member; nr 13) if the licensee is a corporation, any sale of corporate stock to a person not currently an awner. or any change of the percentage ownership of an existing shareholder- IWE 2121/2016, Register 217) Authority: AS 17.38.010 AS 17:3.150 AS 1778.200 AS 1778.070 A8 17.38,190 AS 17.19.8110 AS 1778.121 1142 • Case No. 17-0181nfonnation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 142 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.046 Cousance, Comuumrv, .1.w Rc. Dov. 3 AAC 306.046 3 AAC 308.046. Application for transfer of a license to an. other person. (a) A person may not receive or transfer a marUuane establishment license or a controlling interest in a mar(juann estah- lishment license issued to a partnership, including a limited partner- ship, a limited liability company, a corporation, or a local government, without applying for and receiving the written consent of the board. Transfer of a license includes a sale of all or part of the interest of an individual owner. (b) An application for transfer of a marijuana establishment license, or of a controlling interest in a marijuana establishment license issued to a partnership, a limited liability company, a corporation, or a local government, must be filed in writing on a form the board prescribes, in compliance with the application procedure set out in 3 AAC 306.026. The application must name the current holder of the ma4uana establishment license and the proposed transferee, including all Per, sane listed in 3 AAC 306.020 if the transferee is a partnership, limited liability company, a corporation, or a local government. The application must contain (1) the same information about each tremsfame as is required of an applicant for a new licence tinder 3 AAC 306.020;- (2) a statement, under oath, executed by the current holder of the marijuana establishment license, listing all debts of the business, all taws the business owes, current contact information for each cred- itor, and an affirmation that the current holder of the marijuana establishment license has submitted a copy of the transfer applica- tion to all creditors; and (3) any other informatinn required by the board for the type of marijuana establishment license sought to be transferred. (c) When the board receives a complete application for transfer of a license to another person, the director shall immediately send written natica of the proposed transfer to (1) each listed creditor of the current holder of the marijuana establishment license, along with the amount shown as owed to that creditor; (2) the local government in the area in which the licensed prem- ises ora located; (3) t c' community council if the licensed premises are located within the boundary of a community council established by munic- ipal charter or ordinance; and (4) any nonprofit community organization that has requested notification in writing. (d) A current holder or a marijuana establishment Became must submit a license renewal application before or at the same time as an application for a transfer of a marijuana establishment license that is submitted after April 30 and before July I. (1?R 2121!2016, Register 217) 1143 Case No, 17-0181nfonnation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 143 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 8 AAC 306.050 A %FA Antnatsrwtnve Conr. 3 AAC 306.060 Authority: AS 17.88.010 AS 17.38.160 A9 17.38.200 AS 17.36.070 AS 17.33.190 AS 17.38.900 AS 17.36.121 3 AAC 306.060. Relocation of licensed premises not allowed. A marijuana establishment license may not be relocated to any other premises. A holder of a marquana establishment license that wishes to operateam Uuanaestublishmentatadifiermtlocation must submit n new application for my new premises, and must surrender an existing license for any premises where the marijuana establishment does not intend to continue its operation. (Ef. . 212142016, Register 217) Authority, AS 17.38.010 AS 17.88.160 AS 1788.200 AS 17.88.070 AS 1788.190 AS 17.88.900 AS 17.88.121 3 AAC 306.055. Criminal justice information and records. (a) Mien filing an application for a new marjuma establishment lican3e or transfer are licame, the applicant, including each individual listed in 3 AAC 306.020(W), must submit the person's fingerprints and the fees required by the Department or Public Safety under AS 12.62.160 for criminal Justice information. (b) The director shall submit the fingerprints to the Department of Public Safety to obtain a roport of criminal justice infarmntion under AS 12.62. The board will use the information obtained under this section to determine if no applicant is qualified far a maryuans establishment license. (c) In this section, "criminal justice information" has the meaning given in AS 12.62.900. WE 2121M16, Register 217) Anthority. AS 17.88.010 AS 17.36.160 AS 1788800 AS 1788.070 AS 17.88.190 AS 1788900 AS 1788.121 8 AAC306.060. Protest bylocalgovernment.(n) Notlaterthan 60 days after the director sends notice of on application for a new marijuana establishment license, renewal of a marijuana establish- ment license, or transfer of a mar{jumn establishment license to mother person, a local government may pretest the applicatian by sending the director and the applicant a written protest and the reasons for the protest. The director may not accept a protest received after the 60 -day period. If a local government protests an application for a new ar renewal license or for a transfer of a license to mother person, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. (b) A local government may recommend that the board apprave m application for a new license, renewal of a license, or transfer of a license to mother person subject to a condition. The board will impose a condition a local government recommends unless the board finds the recommended condition is arbitrary, capricious, and unreasonable. If 1144 Case No. 17-0181nfonna5on Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 144 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.065 Cn"=E, ConnuNmn, Asn Ec:. Dsvv, 3 AAC 306.075 the board imposes a condition a local government recommends, the local government shall assume responsibility for monitoring complf- ance with the condition unless the board provides otherwise. (c) If a local government determines that a marijuana establish. ment has violated a provision of AS 17.38, this chapter, or a condition the board has imposed on the licensee, the local government may notify the board. Unless the director finds that the local government's notice is arbitrary, capricious, and unreasonable, the director shall prepare the determination as an accusation against the licensee under AS 44.62.860 and conduct proceedings to resolve the matter as pro- vided under 3 AAC 306.820. (Eli. 2121/2016, Register 217) Authorityi A9 17.38.1310 AS 17.88.150 A8 17.38.200 AS 17.38.070 AS 17.38.190 AS 17.38.900 AS 17.38.121 3 AAC 306.065. public participation. A person may object to an application for a new license, renewal of a license, or transfer of a license to another person by submitting a written statement of reasons for the objection to the board and the applicant not later than 30 days after notice of the application, but not later than the. deadline for objections stated in a posted or published notice of the application. The objection must be sent to the applicant at the mailing address of electronic mail address provided in the notice of application. if the board determines to conduct a public hearing under this section, an interested person may give oral testimony at the public hearing. (ER. 2/21=6, Itrpisler 217) Authority-. AS 17.38.010 AS 17.38.150 AS 17.38300 AS 17:59070 AS 17.38.190 AS 1798900 AS 17.39.121 3 AAC 306.070. lfenring on public protest. The board may, on its own initiative or in response to an objection or protest, hold a hearing to ascertain the reaction orthe public or a local government to an application. The director shall send notice of a hearing under this section as provided in AS 44.62.330 — 44.62.630 (Administrative Procedure Act). (ER. 2/21/12016, Register 217) Authority, AS 1788.010 AS 1798.100 A9 1728.200 AS 17.88070 AS 1728.190 AS 17.99.900 AS 17.98.121 3 AAC 806.076. procedure for action on license application. (a) The board will decide whether to grant or deny an application not Inter than 90 days after receiving the complete application. However, the board will not grant or deny the application before (1) the time allowed for n protest under 3 AAC 306.060, unless the local governmentwaives its right to protest; or 1145 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 145 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.080 A L%K& Anwmstamvs Coria 3 AAC 306.080 (2) the time allowed for an objection under 3 AAC 306.065 has elapsed. (b) Not later than seven days before the date set for board action on an application for a new license, renewal of a license, or transfer of a license to another person, the director shall post n meeting agenda listing the matters scheduled for action at that meeting. The board may review an application for n new licnnse, renewal of a license, or transfer ora license to unother person, without additional notice to the applicant (c) The board will consider any written objection, protest, suggested condition, or petition, and also will consider any testimony received at a hearing on public protest held under 3 AAC 806.070 when it considers the application. The director shall retain the written objec- tion, protest, or suggested condition or petition, and the hearing record as part of the permanent record of the board's review of an application. (Ei3. 221/2016, Register 217) Authority: AS 1738.010 AS 17.38.150 AS 1736200 AS 1738.070 AS 17.38.180 AS 17.38.800 AS 17.38.121 3 AAC 806.080. )Denial of license application. (a) After review of the application, including the applicant's proposed operating plan and all relevant information, the board will deny an application for a new license if the board finds that (1) the application is not complete as required under the applica- ble provisions of 3 AAC 306.020 — 3 AAC 306.065, or contains any false statement of material fact; (2) the license would violate any restriction in 3 AAC 306.010; (3) the license would violate any restriction applicable to the particular license type authorized under this chapter; (4) the license is prohibited under this chapter as a result of an ordinance or election conducted under AS 17.38.210, 3 AAC 306.200, or 3 AAC 306.230; (5) the board finds that the operating plan does not adequately demonstrate that the applicant will comply with applicable provi- sions of this chapter, or (6) the license would not be in the beat interests of the public. (b) After review of the application and all relevant information, the board will deny an application far renewal of a marijuana establish- ment license if the board finds (1) any cause listed in (a) of this section; (2) that the license has been revoked for any cause; (3) that the license has been operated in violation of a condition or restriction the board previously imposed; or (4) that the applicant is delinquent in the payment of taxes due in whole or in part from operation of the licensed business. (c) After review of the application and all relevant information, the 1146 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 146 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.095 Conomace, Cou11u rm, Awn Ek:. Dw.. 3 AAC 306.090 board will deny an application for transfer of license to mother person if the board finds (1) any cause listed in (a) of this section; (2) that the transferor has not paid all debts or taxes arising from the operation of the business licensed under this chapter unless the transferor gives security for the payment of the debts or Lazes satisfactory to the creditor or taxing authority; (3) that transfer of the license to mother person would result in violation of the provisions of this chapter relating to identity of licensees and financing or licensees; or (4) that the prospective transferee does not have the qualifica- tions of an original applicant required under this chapter. (d) If the board denies an application for a new license, renewal of a license, or transfer of a license to another person, the board will, not later than 15 days after the board meeting at which the application was denied, furnish a written statement of issues to the applicant, explaining the reason for the denial in clear and concise language, and identifying any statute or regulation on which the denial is based. In the notice of denial the board will inform the applicant of the right to an informal conference under 3 AAC 3D6.085 and to a formal hearing under 3 AAC 306.090. (ER 2121/2016, Register 217) Authodtyr. AS 17.38.010 AS 17.88.150 A9 17.88.200 AS 17.86.070 AS 17.38.190 AS 17.98.900 AS 17.88.121 3 AAC 306.086. Informal conference. (a) If an applicant for a new license, renewal or a license, or transfer of a license to mother person is aggrieved by an action of the board denying the application, the applicant may, not later than 15 days after the date of the written notice of denial, request an informal conference with the director or the board. An informal conference requested under this section must be held at a time and place convenient to the applicant and the board, but not later than the next scheduled meeting of the board. An informal conference may be conducted telephonically. (b) If the informal conference does not resolve the matter to the applicant a satisfaction, the applicant may, not later than 15 days after the last day of the informal conference, request a formal hearing under 3 AAC 306.090 by filing a notice or defense in compliance with A9 44.62.390(6). (Efi ?12112016, Register 217) Aathurhy: AS 17.88.0111 AS 17.88.150 AS 17.88.200 AS 37.38.00 AS 17.88.190 AS 17.38.900 AS 1718.121 3 AAC 3118.090. Formal hearing. (a) If an applicant for a new license, renewal of a license, or transfer of a license is aggrieved by an action of the board denying the application, the applicant may request 1147 Case No. 17-018 Infonnatlon Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 147 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.095 Au,:sn A1IMINICfmms CnfIF 13 AAC 306.100 a formal hearing by filing a notice of defense in compliance with AS 44.62.390 not later than 15 days atter the date of the written notice of the denial, or as provided in 3 AAC 306.085(b) if the applicant requested and participated in on informal conference. Failure to file a notice of defense as provided in this section constitutes a waiver of the right to a formal hearing. (b) When an aggrieved person requests a hearing under the section, the board may request the office of administrative hearings to conduct the hearing in compliance with due pmoess, AS 44.62.330 — AS 44,62.630 (Administrative Procedure Act), and 2 AAC 64.100 — 2 AAC 64.990, as applicable, (EIT. 2121/2016, Register 2171 Autboritys AS 173&010 A9 1738.150 AS 17.38.200 AS 1738.070 AS 17.38.190 AS 17.98.900 AS 1738.121 3 AAC 306.095. Appeals. (a) An aggrieved applicant or marijuana establishment licema holder may appeal to the hoard regarding nay action of the director, or an employee or agent of the board regarding an application for a new license, a licenso renewal, or a transfer of license to another person. (b) An applicant or marijuana establishment license holder ag- grieved by a final decision of the board regarding an application for a new license, a license renewal, or a transfer of license to another person may appeal to the superior court under AS 44.62.660. (ER 2121/2016, Register 217) Anthorltr: AS 1738.010 AS 17.38.160 AS 17.88.200 AS 1738.070 AS 17.38.190 AS 17.38.900 AS 1738.121 3 AAC 306.100. Fees; mfund. (a) The non-refundable application fee for a new marijuana establishment license or an application to transfer a license to another person is $1,000. (b) The non-refundable application fee far a license renewal appli- cation is $600. If a renewal application is late as provided under 3 AAC 306.035(e), an additional non-refundable late renewal applica- tion has, is $1,090. (c) The non-refundable fee to request board approval of a change in a licensed marijuana establishment's business name, licensed prem- ises diagram, operating plan, or proposed new marijuana product is $250. A change fee does not apply to an application for transfer of a license to another person. (d) The annual license fee, to be paid with each application for anew marijuana establishment facility &cease and each license renewal application is (1) for a mtail marijuana store license, $5,000; (2) for a limited marijuana cultivation facility license, $1,000; (3) for a marijuana cultivation facility license, $5,000; 1146 Case No. 17-015 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 148 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.200 Comims a, CoNnumlx, .Leo Ec. on,. 3 AAC 306.200 (4) for a marijuana concentrate manufacturing facility license, $1,000; (5) for a marijuana product manufacturing facility license, $5,000: (6) for a marijuana testing facility license, $1,000. (s) The fee for a marijuana handler permit card is $50. (D If the board denies an application for a license or for renewal of a license, the board will refund the annual license fee. The board will not refund a license fee after the license has been issued. (g) Processing fees for late renewal after failure to pay eaves are as follows: (1) if a licensee pays its delinquent tax after a local government protests renewal of the license, but before the board denies license renewal, $200; (2) if a licensee pays its delinquent tax atter appealing the board's denial of a license renewal, but before a hearing officer is appointed to hear the applicant's appeal, $500; (3) if a licensee pays its delinquent tax after appealing the board's denial of a license renewal, but Were the administrative hearing begin::, $5,000; (4) if n licensee pays its delinquent tux after an administrative hearing that n•sults in a hearing olficer rernmmendation to deny the license renewal, $10,000. (Eff. 7/21/2016, Register 217) Autharityt AS 17.38.030 AS 17.88.160 AS 17.38.200 AS 17.38.070 AS 17.38.190 AS 17.88.800 AS 17.38.121 Article 2. Local Options. SeeUon Belden 200. Local options 250. Effect nn U. of restriction an 210. Change erload option $Ie 220. Remnenl of teal Opti$ 260. Notice orthe reaulta ora load uplim 230. Procedure for local option election election 210. Prohibition of importation or pur, shwa alba eIccLi. 3 AAC 306.200. Local options. (al If a majority of the persons voting on the question vote to approve the option, or if a local goveramenBs assembly or city council passes an ordinance to the same cRect, the local government shall adopt a local option to prohibit (1) the sale or importation for sale of marijuana and any mari- juana product; (2) the uperation of any marijuana establishment, including one or more of the following license types: (A) a retail marijuana store; (B) a mnrijuana cultivation facility, tC) a mnrijuana product manufacturing facility, (D) a mnrijuana testing facility. (b) A ballot question to adopt a Incal option under this section must 1149 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 149 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-0 P 8 Z REGULAR MEETING: MARCH 22, 2017 I 3 AAC 306.210 AiAa1U Areas nsuiriVE COOS 3 AAC 306.220 atleast contain language substantially similor to: "Shall lame of local government) adopt a local option to prohibit (local option under (a) of this section)? (yes or a)." (c) The ballot far an election on the options set out in (02) of this Section must include a brief explanation of the activity that each license type on the ballot may carry out. (d) If a local government dissolver under AS 29.06.460, any mari- juea establishmont license issued to that local government expires when the local government diasolvm. (a) A local government may not prohibit the personal use and Possession ormarijunna and marijuana products ea authorized under AS 17.38.020. M Nothing in 3 AAC 306.200 — 3 AAC 306.260 precludes a local government from applying for a marijuana establishment license under other provisions or this chapter. (Eff. 2/21/2016, Register 217) Authority: AS 17,38.020 AS 17.89.2110 AS 17.98800 AS 17,38.190 AS 17.118.210 3 AAC 306.210. Change of local option. If a majority of persons voting an the question vole to approve n local option different from one pirmiously, adopted under 3 AAC 306.200 and currently in effect, or if the local governments assembly or city council passes an ordinance to the same effect, the local government sludl change the local option to the nrwly approved option. A ballot question to change a local option under this section meet at least wntnin language substantially similar to: "Shall (mine ofloral government) change the local option currently in elTect, that prohibits (cu mnt local option 1, and adopt in its place a local option to prohibit (proposed local option)? (yes or no)." (ER. 2121/2016, Register 217) Authority. AS lVW020 AS 17.99.200 As 17,388ao AS 17.58.10 AS 17.2821n 3 AAC 306220. Removal of local option. (a) If majority of the persons voting on the quest.inn vote to remove a local option previously ndnptisl under 3 AAC 306.20(1 or 3 AAC 306.210 end currently in effect, or if it ltxnl gnvernmanCs assembly or city council passes an ordinance to the some effect, that local option is mpealed effective the 1•irst dry of the month after the election is certi6ed_Aballot question to remove a local option under this section must at least contain language substantially similar to: "Shall (come of local government) remove the local option currently in efrect, that prohibits (current local optinn), so that no local option continues is effect? (yes or no)." (b) When issuing a license within the boundaries of a Iwxil govern- ment that has removed a local option, the bonrd will give priority to any formerly licensed applicant whose license was not renewed be- cause of the rrsults of the previous local option election. Hownveq an 1150 Case No, 17.018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 150 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING. MARCH 22, 2017 3 AAC 306.230 Cnmmesce, ComsnTrIm,, euro Ec. Dov, 3 AAC 306.240 applicant described in this subsection time not have a legal right to a license and the board is not required to approve the application. (Eff. 2121/2016, Register 217) Authority AS 17.38.020 AS 17.38200 AS 17.38.900 AS 17.38.190 As 1728210 3 AAC 306.2,90. Procedum for local option election. When it receives a petition to adopt, change, ar remove a local option under 3 AAC 306.200 — 3AAC 306.220, the local government shall conduct the election in compliance with the initiative process under the local government's election ordinances and regulations and the applicable provisions of AS 29. (Eff. 2/2112016, Register 217) Authority. As 17.38.020 AS 17.38.200 AS 17.38.900 AS 17.38.190 AS 17.38210 3 AAC 306.240. Prohlbition of importation or purchase after election. (a) If a majority of the voters vote to prohibit the imparta. tion for sale of marijuana and any marijuana product under 3 AAC 306.200(aM, or if the local government's nssembly or city council passes an ordinance to the same efli a person, beginning on the first day of the month Orr the results of the election are certified, may not knowingly bring, send, or transport marijuana or marijuana products for sale into the area within the boundary of the local government. (b) A person who resides within the boundary are local government that has adopted u local option under 3 AAC 306.200t0 may not purchase marijuana nr a marijuana product from another person that has brought, sent, or transported marijuana or a marijuana product into the local gavvmmnnt for sale in violation or the local option. (c) Notwithstanding (a) or (b) of this section, a licensed marijunna establishment mny transport marijuana or any marijuana product through the boundaries of a local government that has prohibited importation or purchase of mnrijuann if the marijuana or marijuana product is shipped with an uttnched transport martifest created in compliance with 3 AAC 306.760 and documenting that the shipment originates and terminates in a place that does not prohibit importation and purchase of marijuana or a marijuana product. (d) In this section, (1) "bring" means to carry or convey or to attempt or solicit to carry or convey; (2) "send" (A) means to cause to be taken or distributed or to attempt or solicit or cause to be taken or distributed; (B) includes use of the United States Postal Service; (3) "transport' (A) rapers in ship by any method; (B) includes delivering or transferring or attempting or solicit- ing to doliver or transfer marijuana or marijuana products to be 1161 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 151 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P S Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.250 AuSatAm call. ullve C,1Dg 3 AAC 306.260 shipped to, delivered to, or left or held far pickup by any person. (Eff. 2/21/2016, Register 217) AudmettT AS 17'.18.020 AS 17.38200 AS 17.38.900 AS 1728.380 AS 17.38.210 8 AAC 806.250. Effect on Heenses of restriction on sale. If a majority of the voters vote under 3 AAC 306.200(a) to prohibit sale of marijuana and mnr(juana products or the operation or marijuana establishments, or if the assembly or city council payees an ordinance to the same effect, the board will not issue, renew, or transfer to another person a license far a marijuana establishment with premises located within the boundary orthe local government or in the unincer- porated area within 10 miles of the boundaries of the local government. A license for a marijuana establishment within the boundary of the local government or in the unincorporated area within 10 miles of the boundary of the local government is void 90 days after the results of the election arc certified. A license that expires during the 90 days after the certification of a ]me] option election may be extended until it is void under this section, by payment of prorated portion of the annual license fee. (E(T. 2121/2016, Register 217) Authority. AS 1718.020 AS 17.08.200 AS 17.38.900 AS 1718.180 AS 17.38210 3 AAC 306.260. Notice of the results of a local option election. If a majority of the voters vote to adapt, change, or remove a local option under 3 AAC 306.200 — 3 AAC 306320 or if the assembly or city council passes an ordinance to the same eirect, the board will notify the Department of Law and the Department of Public Safety of the results of the election. (ER. 2/21/2016, Register 217) Authority: AS 1718.020 AS 17.38200 AS 17.38.800 AS 17.38,190 AS 17.38.210 Article S. Retail Marijuana Stores. Section seeder, 300. Retail moriivaoa ataee Srama re. 330. Marluaan inventory trucking eye- quk ed rem 305. Retail marijuana store privileges 335. Health and safety requirements 310. Ana prohibited at mud] marijuma 340. Tasting required for marijuana and atom mariltu na products 315. Application lar retail mer 3f5. Pa�ks��g and labeling PP V 350. Iden' estion requirement to pre - store It.. vent sale to person under 21 320. Marijuana handler permit required 355, Limit an quantity sold 325. Access restricted at retail marijusua 360. Restriction on advertising or mart. stare juana and morijuaw products 1152 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 152 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETINGMARCH 22, 2017 3 AAC 306.300 Coumsar�T. Comwrnw, mm Ec. Dim 3 AAC 306.305 3 AAC 306.300. Retail marijuana atone license required. (a) Except as permitted under AS 17.38.020, a person may not sell, give, distribute, deliver, or offer to sell, give, distribute, or deliver mariius ur or any marijuana product to a consumer unless the person has obtained a retail marijuana store license from the board in compliance with this chapter, or is an employee or agent acting for a licensed retail marijuana store operating in compliance with this chapter. A person seeking a retail marijuana store license must (1) submit an application for a retail marijuana atone license on a form the board prescribes, including the information set out under 3 AAC 306.020 and 3 AAC 306.315; and (2) demonstrate, to the board's satisfaction, that the applicant win operate in compliance with (A) each applicable provision of 3 AAC 306.300 — 3 AAC 306.360 and 3 AAC 306.700 — 3 AAC 306.765; and (B) each applicable public health, fire, safety, and tax code and ordinance of the state and the local government in which the applicant's proposed licensed premises ore located. (b) Alicenseo of any retail marijuana atom, or an employee or agent of a retail marijuana store, may not have an ownership interest in, or a direct or indirect fmancial interest in a mmnsed marijuana testing facility. (Elf. 2/21/2016, Resister 217) Authority- AS 17.98.010 AS 17.38.180 AS 17.38.200 AS 17.38.070 AS 17.38.190 AS 17.98.900 h5 17.38.121 3 AAC 306.305. Retail marijuana store privileges. (a) A li- censed read marijunnu store is authorized to (1) sell marijuana purchased from a lireased marijuana cultiva- tion facility, packaged and labeled as required under 3 AAC 306.345, 3 AAC 306.470, and 3 AAC 306.475 in an amount not exceeding the limit set out in 3 AAC 306.356, to an individual on the licensed premises for consumption off the licensed premises; (2) sell a marijuana product purchased from a licensed marijuana prorluct manufacturing facility, packaged and labeled as required under 3 AAC 306.345, 3 AAC 306.565, and 3 AAC 306.570, in a quantity not exceeding the limit set out in 3 AAC 306.355, to an individual on the licensed premises for consumption off the licensed premises: (3) atom marijuana and marijuana products on the licensed premises in a manner consistent with 3 AAC 306.710 — 3 AAC 306.720; (4) with prior approval of the board, permit consumption of marijuana or a marijuana product purchased on the licensed prem- isrs, in a designated area an the licensed premism. (b) This section docs not prohibit a licensed retail marijuana store from refusing to sell marijuana or a marijuana product to a consumer. (ER. 2/21/2016, Register 217) 1153 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 153 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.310 Atssx.r Annrliiiinu W8 Coln: 3 AAC 306.316 A ithnrlty: AS 17.38.010 AS 17.88.160 AS 17.38.200 AS 17.36.070 AS 17.38.190 AS 17.38.900 AS 17.38.121 3 AAC 306.310. Acts prohibited at retail marijuana store. (a) A licensed retail marijuana store may not sell, give, distribute, deliver, or offer to sell, give, distribute, or deliver, marijuana or a marijuana product (1) to a person under 21 years of age; (2) to a person that is under the influence of an alcoholic beverage, inhalant, or controlled substance; (3) that is not labeled and packaged" required in 3 AAC 306.345 and (A) 3 AAC 306.470 and 3 AAC 306.475; or (B) 3 AAC 306.665 and 3 AAC 306.570; (4) in a quantity exceeding the limit set out in 3 AAC 306.355; (5) ovrr the Internet; a licensed retail marijuana store may only sell marijuann or a marijuana product to n consumer who is physically prrsrmt on the licensed promises; (6) after the expiration date shown on the label of the marijuana or marijuana product. (b) A licensed retail mar(jusna store may not (1) conduct business on or allmv a consumer to access the retail marijuana atom's licensed premises between the haute of 6:00 a.m. and 8:00 a.m. each day, (2) allow a person to consume marijuana or a marijuana product on the retail marijuana store's licensed premises, except as provided in 3 AAC 306.305(a)(4); (3) offer or deliver to a consumer, as a marketing promotion or for any other reason, (A) free marijuana or marijuana product, including a sample; or (B) alcoholic beverages, free or for compensation. (Eff. 2121/2016, Register 217) Authority: AS 17.38010 AS 1758.160 AS 17.38.200 AS 17.38.070 AS 17.38.190 AS 17.38900 AS 17.38.121 3 AAC 806,316. Application for retail marijuana atom li- cense. A person seeking a new retail marijuana store license must submit an application on a form the board prescribes, including the information required under 3 AAC 306.020 and (1) a copy of the food safety permit required under 18 AAC 31.020(a); and (2) in the operating plan required under 3 AAC 306.020(c), a description of the way marijuana and marijuana products at the retail marijuana store will be displayed and gold. (Eti: 2/21/2016, Register 217) 1154 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 154 of 349 AGENDA ITEM O.A. PUBLIC HEARING MEM 7-0 P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.320 Commesca, Commuarrr, me Ec. Dev. 3 AAC 306.330 AuthoAtp. AS 17.86.010 AS 17.3&150 AS 17.38.200 AS 17.58.070 AS 1758.190 AS 17.38.800 AS 175&121 8 AAC 806.820. Marijuana handler permit required. A retail marijuana store shall ensure that (1) each licensee, employee, or agent who is required or permitted to be physically present on the licensed premises at any time obtains a marijuana headier permit set provided in 8 AAC 806.700 before being licensed or employed at a retail marijuana store; and (2) each licensee, employee, or agent has that persons marijuana handler permit card in that person's immediate possession, or a valid copy on file an the premises, at all times when on the licensed premises of the retail marijuana store. (Eff. 2/21/2016, Register 217) Authority: AS 17.38.010 AS 1738.160 AS 1758-00 AS 17.88.070 AS 17.88.190 AS 1758900 AS 1758.121 3 AAC 806525. Aeeees restricted at retail marijuana atone. (a) A person under 21 years of age may not enter a retail marijuana stole. (b) Each entry to a retail marqusna atone must be posted with a sign that says 'No one under 21 years of age allowed." The sign most be not less than 12 inches long and 12 inches wide, with letters at least one-half inch in height in high contrast to the background of the sign. (c) An area of a retail marijuana stores licensed premises where marijuana or any marijusna product is stocked for We or dispensed for sale is a restricted access area. The retail marijuana atom most post signs, require identification, and escort visitors in compliance with 3 AAC 306.710. (Eff. 2P2MO16, Register 217) Auth,mity: AS 17.38.010 AS 17.38.150 AS 1758200 AS 17.38.070 AS 17.38.390 AS 17.38.900 AS 17.38.121 3 AAC $06.880. Marijuana inventory tracking system. (a) A retail marijuana store shall use a marijuana inventory tracking system as provided in 3 AAC 306.730 to ensure all marijuana and marijuana product in the retail marijuana store's possession is identi. Sed and tracked from the time the mlail marijuana atom receives any batch of marijuana or lot of marijuana product through the sale, transfer to another licensed marijuana establishment, or disposal of the batch of marijuana or lot or marijusnn product. (b) When marijuana &um a marijuana cultivation facility or mari- juana product from a marijuana product manufacturing facility is delivered or lrnnaported to the licensed premises of a retail marijuana atom, the retail marijuana atom shall immediately enter identification information for that batch of marijuana or lot of marijuana product into the retml marijuana stares marijuana inventory tracking system. 1155 Case No. 17-0181nformation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 155 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.335 Ausm Amtaits rive Cone 3 AAC 306,345 A retail marijuana store may not accept marijuana or a marijuana product that does not have a valid transport manifest generated from the marijuana inventory tracking system of the marijuana establish- ment that originated the delivery. W Aretail marijuana store shall reconcile each transaction from the retail marijuana store's point -or -sale system and current inventory to its marijuana inventory traeldng system at the close of business each day. (d) A retail marijuana store shall account for any variance in the quantity of marijuana or marijuana product the retail marijuana store received and the quantity it sold, transferred, or disposed of. (Eff. 7121/2016, Register 217) Authority-. AS 17.38.010 AS 17.38.150 AS 17.38.200 A8 17.38.070 AS 17.38.190 AS 17.38.900 AS 17.38.121 3 AAC 306.335. Health and safety requirements. A retail mer- uuana store shall comply with each applicable health and safety requirement set out in 3 AAC 306.735. (Eff. 2/21/2016, Register 217) Authority. AS 17.38.010 AS 17.38.160 A3 17.38.200 A9 17.38.070 A5 17,38.190 AS 17.38.900 AS 17.38.121 3 AAC 306.340. 7bsting required for marijuana and mari- juann products. A retail marijuana store may not sell, give, distrib- ute, deliver, or offer to sell, give, distribute, or deliver, marijuana or a marijuana product until all laboratory testing required under 3 AAC 306.645 has been completed, and the label required under 3 AAC 306.475 or 3 AAC 306.570 is affixed. (Eff. 2/21/2016, Register 217) Authority-. AS 17.38.010 AS 17.38.150 AS 17.38,200 AS 17.38.070 AS 17.38.190 AS 1738.900 AS 17.38.121 3 AAC 306.345. Packaging and labeling. (a) A retail marijuana store shall assure that (1) marijunna sold on its licensed premises is packaged and labeled in compliance with 3 AAC 306.470 and 3 AAC 306.475; (2) any marijuana product sold on its licensed premises is pack- aged and labeled in compliance with 3 AAC 306.565 and 8 AAC 306.570; and (3) marijuana or a marijuana product sold is packaged in opaque, resealable, child -resistant packaging when the purchaser leaves the retail section of the licensed premises; the packaging must be designed or constructed to be significantly difficult for children under five years of age to open, but not normally difficult for adults to use Properly. (b) In addition to labeling requirements provided in (a) of this 1156 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 156 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-C P &Z REGULAR MEETING. MARCH 22, 2017 3 AAC 306.350 CmvasgCE, Cuasmsrrr, ANo Ec. DEv. 3 AAC 306.355 section, a retail marijuana store shall affix a label to each package of marijuana or marijuana product that (1) identifies the retail marijuana store selling the marijuana product by name or distinctive logo and marijuana establishment license number, (2) states the total estimated amount of THC in the labeled product; and (3) contains each of the following statements: (A) `Marijuana has intoxicating effects and may be habit form. ing and addictive."; (B) "Marijuana impairs concentration, coordination, and judg. ment. Do not operate a vehicle or machinery under its influence."; (C) "There are health risks associated with consumption of marijuana."; (D) "For use only by adults twenty-one and older. Keep out of the reach of children."; (E) "Marijunna should not be used by women who are pregnant or beast feeding.". (ER. 7121/2016, Register 217) Authority. AS 17,38030 AS 17.38.150 AS 17.38.200 AS 1728.070 AS 17.38.190 AS 1758.800 AS 1758.121 8 AAC 806.350. Identification requirement to prevent sale to person under 21. (a) A retail marijuana store shnll refuse to sell marijuana or a marijuana product to a person who does not produce a form of valid phologgraphic identification showing that person is 21 years of age or older. (b) A valid form of photographic identification includes (1) an unexpired, unaltered passport; (2) an unexpired, unaltered driver's license, instruction permit, or identification card of a state or territory of the United States, the District of Columbia, or a province or territory of Canada; (3) an identification card issued by a federal or state agency authorized to issue a driver's license or identification card. (Eff. 2121/1016, Register 217) Authority: AS 1738030 AS 17.38.150 AS 17.38.200 AS 17.38.1170 AS 17.38.190 AS 17.38.900 AS 17.38.121 3 AAC 806.355. Limit on quantity sold. A retail marijuana store may not sell in a single transaction (1) more than one ounce of usable marijuana; (2) more than seven grams of marijuana concentrate for inhala- tion, or (3) marijuana or marUunna products if the total amount of mar- ijuana, marijuana products, or both marijuana and marijuana prod - 1157 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 157 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC JU6.360 A"sm AaaINTSraAnW 0.1111 3 AAC 3U6.36U vets sold contains more than 5,600 milligrams of THC. (F.ff. 2121/2(y16, Register 217) Authodip AS 17.38.010 AS 17.38.150 AS 17.88.200 AS 17.38.070 AS 17.38.190 AS 17.38.900 AS 17.38.121 8 AAC 806.860. Restriction on advertising of marijuana and marljuanaproducts.(a) Am -tail marijuana store may have not more than three signs. visible to the general public from the public right-of- way, that identify the retail marijuana store by its business name. A sign may be placed in the retail marijuana store's window or attached to the outside of the licensed premises. The size of each sign may not exceed 4,800 square inches. (b) An advertisement for marijuana or a marijuana product may not contain a statement or illustration that (1) is fake or misleading; (2) promotes excessive consumption; (3) represents that the use of marijuana has curative or therapeu- tic ctfects; (4) depicts a person under 21 years of age consuming marijuana; or (5) includes an object or character, including a toy, a cartoon character, or any other depiction designed to appeal to a person under 21 years of age, that promotes consumption of marijuana. (c) A retail marijuana store may not place an advertisement for marijuana or a marijuana product, except as provided in (a) of this section, (1) within 1,000 feet of the perimeter of any child -centered facility, including a school, a child care facility or other facility providing services to children, a playground or recreation center, a public park, a library, or a game arcade that is open to persons under 21 years of age; (2) on or in a public transit vehicle or public transit shelter; (3) on or in a publicly owned or operated property; (4) within 1,000 feet are substance abuse or treatment facility; or (5) on a rumpus for postsecondary education. (d) A retail marijuana store may not use giveaway coupons as promotional materials, or conduct promotional activities such as games or competitions to encourage sale of marijuana or marijuana products. (e) All advertising for marijuma or any marijuana product most contain each of the following warnings: (1) "Alarijuana has intoxicating effects and may be habit forming and addictive."; (2) "Marijuana impairs concentration, coordination, and judg. ment. Do not operate a vehicle or machinery under its influence."; (3) 'There are health risks associated with consumption of mari- juana."; 1158 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 158 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 8 AAC 306.400 Cmasegcs, CuMMta; r4 Arm Ec. Dhv. 3 AAC 300.400 (4) "For use only by adults twenty-one and older. Keep out of the reach of children."; (5) "Marijuana should not be used by women who are pregnant or breast feeding.". (Eff. 2/21/2016, Register 217) Authority: AS 17.38.010 AS 17.39.150 AS 17.38300 AS 17.98.070 AS 17.39.190 AS 1728.900 AS 17.98.121 Article 4. Marijuana Cultivation Facilities. Section Se tion 400. Marijuonucultivatianfacility Hmrue 440, Health and safety requirementa required 445. Stda,da for an r cultivation d preps. 405. Standard marljuaot cultivation is. ooration cility^. m ileges and prohibited ache 450. Production of m omit mnrenvntc 410. Limited marlJumm cultivation troll- oro ity, privileges and prohibited mots prohibited 420. Application for marouma rouive. 455. Required laboratory testing tion fhrilily Bevan 460. Samples 425. Marjjuano handler pormit im uired 465. Random sampling 430. Restricted access ama 470. Packeg;ng of marijoene 435. Merovma inventory tracking aye- 475. Labeling ofmarljume tem 480. Marijuana tan N be paid 3 AAC 306.400. Matijunna cultivation facility license re- quire.d. (a) Except as provided under AS 17.38.020, a person may not plant, propagate, cultivate, bmvesl, trim, dry, cure, package, or label marijuana grown at a place under that person's control or sell mari- juana grown at a place under that person's central to a marijuana establishment unless the person has obtained a marijuana cultivation facility license from the board in compliance with this chapter or is an employee or agent acting for a licensed marijuana cultivation facility. The board will issue the following tylws of marijuana cultivation facility licenses, with the privileges and subject to the prohibitions set out in 3 AAC 306.405 and 3 AAC 306.410: (1) a standard marijuana cultivation facility licenae; (2) a limited marijuana cultivation facility license to a person operating a marijumna cultivation facility with fewer than 500 square feet under cultivation. (b) A person seeking a standard nr limited marijuana cultivation facility license as provided in (a) of this section must (1) submit an application for the applicable marijuana cultivation facility license on a form the board prescribes• including the infor- mation set out under 3 AAC 306.020 and 3 AAC 306.420; and (2) demonstrate to the board's satisfaction that the applicant will operate in compliance with (A) each applicable provision of 3 AAC 306.400 — 3 AAC 306.480 and 3 AAC 306.700 — 3 AAC 306.755; and (B) each applienhle public health, fire, safety, and tax code and ordinance of the state and the local government in which the applicant's proprreed licensed premises are located. 1159 Case No. 17-0181nformation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 159 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7.0 P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.405 Auim Anmweauxava Coos 3 AAC 306.405 (c) A licensee of a mar juana cultivation facility, or an employee or agent of a marijuana cultivation facility, may not have an ownership interest in, or a direct or indirect financial interest in a licensed mar(jua ut testing facility. (ER: 2121&016, Register 217) Amhoritr. AS 17.38.010 AS 17.38.121 A3 17.38.200 AS 17.38.030 AS 17.38.150 AS 17.88.900 AS 17.38.070 AS 17.88.190 3 AAC 306.405. Standard marijuana cultivation facility: priv. ileges and prohibited acts. (a) A licensed standard morijuana cultivation facility is authorized to (1) propagate, cultivate, harvest, prepare, cure, package, atone, and label marijuana; (2) sell marijuana only to a licensed retail marijuana store, to another licensed marijuana cultivation facility, or to a licensed marijuana product manufncturing facility; (3) provide samples to a licensed marijuana testing facility for testing; (4) atom inventory on the licensed promises; any stored inventory must be secured in a restricted access area and accounted for in the marijuana cultivation facility's marijuana inventory tracking system as required under 3 AAC 306.730; (5) transport marijuana in compliance with 3 AAC 306.750; (6) conduct in-house testing for the marijuana cultivation facili- ty's awn use; (7) provide marijuana samples to a licensed retail marijuana stole or marijuana product manufacturing facility for the purpose of negotiating a sale. (b) A licensed standard marijuana cultivation facility may also apply for a marijuana product manufacturing facility license and a retail marijunna store license. A standard marijuana cultivation fecil. ity that obtains any other marijuana establishment license shall (1) conduct any product manufacturing or retail marijuana atone operation in a room completely separated from the marijuana cultivation facility by a secure door when co-lacated; and (2) comply with each provision of this chapter that applies to any other type of marijuana establishment license that the standard marijuana cultivation facility licensee obtains. (c) A licensed standard marijuana cultivation facility may not (1) sell, distribute, or transfer marijuana or a marijuana product to a consumer, with or without compensation; (2) allow any person, including a licensee, employee, or agent, to consume marijunna or a marijuana product on the licensed premises or within 20 feet of the exterior of any building or outdoor cultivation facility on the licensed promisee; (3) treat or otherwise adulterate marijuana with any organic or nonorganic chemical or other compound to alter the color, apperu` ance, weight, or odor of the marijuana; 1160 Case No. 17.0181nfonnatlon Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 160 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & 2 REGULAR MEETING: MARCH 22, 2017 I I 3 AAC 306.410 Comusam, Cow nv, Am Ee. DEv. 3 AAC 806.420 (4) except as permitted under a marijuana product manufactur- ing facility licarm, extract marijuana concentrate, using any process described in 3 AAC 306.555, at the licensed premises; (5) sell marijuana that is not packaged and labeled in compliance with 3 AAC 306.470 and 3 AAC 306.475. (Eff. 2/21/2016, Register 217) Aothoeiyt AS 1738.030 AS 1728.150 AS 1798.200 AS 1798.070 AS 17.3&190 AS 17.88.900 AS 1798.121 8 AAC 308A30. 14ralted marijuana cultivation facility: privi• leges and prohibited acts. A licensed limited marijuana cultivation facility (1) has the privileges set out in 3 AAC 305.405(x) and (b), except that it must have fewer then 500 square feet under cultivation; and (2) is subject to each prohibition act out in 3 AAC 306.405(c). (Eff. 2/21/2016, Register 217) Authority: AS 1798,010 AS 17.38.150 AS 17.88200 AS 1798.070 AS 17.3&190 AS 17.38.900 AS 17.38.121 3 AAC 308A20. Application for marijuana cultivation facility license. An opplicent for a new standard marijuana cultivation facility license or a now limited marijuana cultivation facility license most file an application on a form the board prescribes, including (1) the information required under 3 AAC 306.020; and (2) the proposed mnrijunna cultivation facility's operating plan, including, in addition to the inrnnnnlien required under 3 AAC 306.021)(c), (A) the size or the space intended to be wader cultivation; (R) the growing medium to be used; (C) fertilizers, chemicals. gases, and delivery systems, includ- ing cation dioxide, management, to be used; (D) the Irrigation and waste water systems to be used; (E) waste disposal arrangements; (F) odor central; and (D) the testing prom -dun, and protocols the maryuena cultiva. tion facility will follow. (Eff. 2/21/2016, Register 217) Authorlty. AS 173&010 AS 173&150 AS 17.38.200 AS 1798.070 AS 17.38.190 AS 17.88300 AS 17.38.121 Editor's not¢ The form for on applica- lion,.o is available online m provided in tion for a marijuaan cultivation radlity the adiaW, nota under 3 AAC 300.020. 1161 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 161 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7.0 P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.425 AusanAruvasrxn77ve Gmr. 8 AAC 306.435 8 AAC 306.426. Marijuana handler permit required. A mari- juana cultivation facility shall ensure that each licensee, employee, or agent who is required or permitted to be physically, present on the licensed premises at any time (1) obtains a marijuana handler permit as provided in 3 AAC 306.700 before being present or employed at the marijuana cultiva- tion facilitys licensed premises; and (2) has the marijuana handler permit card in the persans imme- diate possession, or a valid copy on file on the premises, at all times while on the marijunna cultivation facility's licensed premises. (Eff. 2/21/2016, Register 217) Autharft AS 17.38.010 AS 17.38.150 A3 17.38900 AS 17.38.070 AS 1738.190 A5 17.38.900 AS 1798.121 3 AAC 306.430. Restricted access arca. (a) A marijuana culti- vation facility shall conduct any operation in a restricted access area in compliance with 3 AAC 306.710 and this section. (b) A marijuana cultivation facility shall conduct any marijuana growing operation within a Cully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doom. Where not prohibited by local government, outdoor production may take pineo in non -rigid greenhouses, other structures, or an expense of open or cleared ground fully enclosed by a physical barrier. 1h obscure public view of the premises, outdoor production must be enclosed by a sight• bscuring wall or fence at least six feet high. (c) Amarijunna cultivation facility shall ensure that any marijuana at the marqunna cultivatinn facility (1) cannot be observed by the public from outside the marijuana cultivation facility; and (2) does not emit an odor that is detectable by the public from outside the cultivation facility except as allowed by a local govern- ment conditional use permit process. (d) Ammijuana cultivation facility shall have full video surveillance of the licensed premises as required under 3 AAC 306.720, including any area where marijuana is grown, processed, packaged, or stored, or where marijuana waste is destroyed. (Eff. 2121/2016, Register 217) Authority. AS 17.38.010 AS 1738.160 AS 17.38.200 AS 1738.070 AS 17.28.190 AS 17.38.900 AS 1798.121 3 AAC 306A85. Marijuana inventory tracking system. (a) A marijuana cultivation facility shall we a marijuana inventory tracking system in compliance with 3 AAC 306.730 to ensure all marijuana propagated, grown, or cultivated on the marijuana cultivation facility's premises is identified and tracked from the time the marijuana is 1162 Case No. 17.0181nfonoation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 162 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-13 P It Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.440 COMmnaCE, Commnaerrv, Aga Ec. DEv. 3 AAC 306.440 propagated througb transfer to another licensed marijuana establish. meet or destruction. The marj uana cultivation facility shall assign a tracking number to each plant over eight inches tell. When harvested, bud and flowers, clones or cuttings, or leaves and trim may be combined in harvest batches of distinct strains, net exceeding five pounds. Each harvest batch most be given an inventory tracking number, clones or cuttings most be limited to 60 or fewer plants and identified by a batch tracking number. (b) A marjiunna cultivation facility shall record each sale and transport of each batch in its marijuana inventory tracking system, and shall generate a valid transport manifest to accompany each transported batch. (c) A marijuann cultivation facility shall record in its marijuana inventory tracking system all marijuana used to provide a sample authorized under 3 AAC 306.460 for the purpose of negotiating sales, including (1) the amount of each sample; (2) the retail marijusna store or marijuana product manufactur- ing facility that received the sample; and (3) the disposal of any expired or outdated promotional maple returned to the marijuana cultivation facility. (Etf. 2/21/2016, Reg- ister 217) Author. tl- AS 17.38.010 AS 17.88.180 AS 17.38.2W AS 17.38.070 AS 17.88.190 As 17.38.900 AS 17.3&121 3 AAC 306.440. Health sad safety requirements. (a) A mari- juana cultivation facility shall comply with all applicable health and safety requirements act out in 3 AAC 306.735 and the additional requirements set out in this section. (b) A marijuana cultivation facility shall ensure that any licensee, employee, or agent who is present at the marijunna cultivation facility and in contact with any marijuana (1) wears clean clothing appropriate for the duties that person performs; (2) wears protective apparel, such an head, face, hand, and arm coverings, as necessary to protect marijuana from contamination; and (3) practices good sanitation and health habits. (Eff. 2121=16, Register 217) Avthorlty, AS 17.38.010 AS 17.38.130 AS 17.38200 AS 17.36.070 AS 17.38190 AS 17.39.9W AS 17.38.121 1163 Case No, 17-0181nfonnation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 163 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-0 P & Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.445 AL1 ICA A IMINIarnATTN% Cults ; 3 AAC 306.455 3 AAC 306.445. Standards for cultivation and preparation A marijuana cultivation facility shall use registered scales in compliance with AS 45.75.080 and 3 AAC 806.745. (Eff. 2121Pd016, Register 217) Autherilyn AS 17.88.010 A3 17.38.150 AS 17.38.200 AS 17.98.070 AS 17.88.190 AS 17.38.900 AS 1796.121 8 AAC 306.450. Production ofmarijuara concentrate prohib. ited. A marijuana cultivation facility may not produce or possess marijuana concentrate that was extracted using any process described is 3 AAC 306.465 on the nurpuann cultivation facility's licensed premises unless the marUuana cultivation facility also has a mari- juana product manufacturing facility license. Any extraction or pro- duction of marijuana concentrate on the premises of a licensed mari- junna cultivation family must (1) be in a separate room that (A) isphysimllyseparatedbyasecuredmrfmmanycnitivation ams; and (B) has a sign that clearly identifies the room as a mnrijuana concentrate production area, and warns unauthorized persona to stay out; and (2) comply with all applicable provisions of 3 AAC 306.600 — 3 AAC 306.570. (Eff. 212112016, Register 217) Authority: AS 17.88.010 AS 17.38.160 AS 17.38.200 AS 17.98.070 AS 17.88.190 AS 17.88.990 AS 17.38.121 3 AAC 306.465. Required laboratory testing. (a) A rrurNunna cultivation facility shall provide a sample of each harvest batch of marijuana produced at the facility to a marijuana testing facility and may not Pell or transport any marijuana until all laboratory testing required under 3 AAC 306.645 has been completed. (b) 1b comply with (a) of this section, a marijuana cultivation facility shall (1) collect a random, homogenous sample for testing by aegregat. ing harvested marijuana into batches of individual strains of bud and Hower, then selecting a random sample from each batch in an amount required by the martuana testing facility; (2) designate an individual responsible for collecting each sample; that individual shalt (A) prepare a signed statement showing that each sample has been randomly selected for testing; (B) provide the signed statement to the marijuana testing facility and (C) maintain a copy as a business record under 3 AAC 306.755; and 1164 Case No. 17-018 Infonnallon Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 164 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING. MARCH 22, 2017 3 AAC 306.460 Cosuleaca, Coiaxn e, Aro Ec. Dv. 3 AAC 306.460 (3) transport the sample to the marijuana testing facility's li- censed premises in compliance with 3 AAC 306.760. (c) A marijuann cultivation facility shell segregate the entire batch from which the testing sample was selected until the marijuana testing facility reports the results from its tests. During this period of segregation, the marijuana cultivation facility that provided the sam- ple shall maintain the batch in a secure, cool, and dry location to prevent the marijuana from becoming contaminated or losing its efficacy. The marijuana cultivation facility that provided the sample may not sell or transport any marijuana from the segregated batch until the maryusna testing facility has completed its testing and provided those results, in writing, to the marijuana cultivation facility that provided the sample. The marijuana cultivation facility shall maintain the testing results as part of its business books and records. (ER. 2/2=16, Register 217) Authority, AS 17.38.010 AS 17.38.150 AS 17.38200 AS 1728.070 AS 17.38.190 AS 17.38.900 AS 17.38.121 3 AAC306.460. 6nmples.(n) Amarijunna cultivation facility may provide a free sample of marijuana to a retail marijuana store if packaged in a sample jar containing not more than three and one-half grams of marijuana and protected by a plastic or metal mash amen to allow customers to smell the product before purchase. (b) A marijuana cultivation facility may provide a free sample of marijuana to a retail marijuana store or marijuana product manufac- turing facility as follows: (1) a sample provided for the purpose of negotiating a sale may be not more than one ounce; (2) a marijuana cultivation facility may not provide any one licensed retail marijuana store or marijuana product manuf during facility with more than one ounce of marijuana per month free -o4 charge for the purpose of negotiating a sale. (c) A retail marijuana store that receives a marijuana sample may not sell the marijuann sample to a customer, and shall either (1) return the marijuana sample to the marijuana cultivation facility that provided the sample; or (2) destroy the marijuana sample atter use and document the destruction in the retail marijuana store's marijuana inventory control system. (ER. 2/21/2016, Register 217) Authority, AS 17:18.010 AS 17.38,150 AS 17.38.200 AS 17.38.%0 AS 17.38.190 AS 17.38.900 AS 17.38.121 1165 Case No. 17-0181nfonnation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 165 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P a Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.465 AmsxA AomuamLl7wr. Coiw 3 AAC 306.470 3 AAC 306.468. Random sampling. (a) The board will or the director shall from time to time require a standard or limited mari- juana cultivation facility to provide samples of the growing medium, soil amendments, fertilizers, crop production aids, pesticides, or water for random compliance checks. The sample may be screened for pesticides and chemical residues, screened for unsafe levels of metals, and used for other laboratory testa the director finds to be in the interests of the public. 7be marijumn cultivation facility shall bear all coats of testing under this subsection. (b) When the board or the director orders random sampling under dile section, the director shall identify a licensed marijuana testing facility to perform the testing, The marijuana testing facility shall collect the test samples. The marjjunna cultivation facility shall cooperate to facilitate the collection of samples. (F.ff. 2121/2016, Regis- ter 217) Authority; AS 17.38.010 A5 17.88.180 AS 1738,200 AS 17.88.070 All 17.88.190 AS 17.38.900 A.9 17.38.121 3 AAC 306.470. Packaging of marijuana. (a) Amurijunna culti- vation facility shall package its marijuana bud and flower far sale (1) to a retail marUuma atom, either (A) in a package not exceeding one ounce for resale to consum- ers without additional handling by the retail marijuana store except to add the retail marijuana store's own (i) identifying name or logo; and (ii) license number; or (B) in a wholesale package not exceeding five pounds for re- packaging by the retail marijuana atom; or (2) to a marijuana product manufacturing facility in a wholesale package (A) not exceeding five pounds; and (B) consisting of a single strain or a mixture of strains as identified on the label. (b) When a marijuana cultivation facility packages marijuana for a retail marijuana store to sell to a consumer without repackaging, the packaging may not have any printed images, including cartoon char- acters, that specifically target persons under 21 years of age. In addition, the packaging must protect the product from contamination and may not impart any toxic or damaging substance to the marijuana (c) Each package prepared in compliance with this section must be identified by a tracking label generated for tracking by the marijuana cultivation facility's marijuana inventory tracking system. (d) A marijuana cultivation facility shall prepare marijuana for transport or transfer to another marijuana establishment by (1) placing marijuana packaged in compliance with (a) — (c) of this section within a sealed, tamper -evident shipping container, 1166 Case No. 17-0181nfonnation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 166 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-1) P & Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.475 Cowaacx, Counusm,, Asn Ec. Dxv. 3 AAC 306.475 (2) affixing a label in compliance with 3 AAC 306.475 to the shipping container; and (3) generating a transport manifest from the marijuana cultiva- tion facilityls marijuana inventory tracking system; the transport manifest must remain with the marijuana at all times while being transported, end a copy must be given to the licensed marijuana establishment that receives the shipment. (Eff. 2/21/2016, Register 217) Authority. AS 17.88.010 AS 17.88.150 AS 17.88.200 AS 175&070 AS 17.38.180 AS 17.38.900 AS 17.38.121 3 AAC 306.475. Labeling of mar),juaaa (a) When a marijuana cultivation facility packages marijuana for a retail marijuana atone to sell to a consumer without re -packaging, the marijuana cultivation facility shall affix a label to each package of marijuana or marijuana product that contains each of the following statements: (1) "Marijuana has intoxicating effects and may be habit forming and addictive."; (2) •Marijuana impairs concentration, coordination, and judg- ment. Do not operate a vehicle or machinery under its ia8uence "; (3) "There are health risks associated with consumption of mari- junna."• (4) "or use only by adults twenty -ono and older. Keep out of the reach of children."; (6) "Marijuana should not be used by women who one pregnant or brrast feeding.'. (b) With each harvest batch of mnrijuana sold, a marijuana cultiva. tion facility shall disclose in writing (1) each soil amendment, fertilizer, and other crop production aid applied to the growing medium or marijuana plant included in the batch, including any pesticide, herbicide, or fungicide that was used; and (2) the name of the licensed marijuana testing facility that per- formed my required laboratory test and the results of each required laboratory test. (c) A marijuana cultivation facility may not label marijuana as organic. (d) To each package of mnrijuana sold to another marijuana estab- lishment, a marijuana cultivation facility shall affix a label setting out. (3) the name and license number of the marijuana cultivation facility where the marijuana was grown; (2) the harvest batch number assigned to the marijuana in the package; (3) the net weight of the marijuana in the package, (A) not including weight of the shipping container; and (B) using a standard of measure compatible with the marijuana cultivation facility's marijuana inventory tracking system; and 1167 Case No, 17.018 Infonnaflon Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 167 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 8 AAC 306.480 A[AsmAumm..T 7ivc Cona 3 AAC 806.480 (4) a complete list of all peeticides. fungicides, and herbicides used in cultivation of the marpuana. (e) If a marijuana cultivation facility transports wholesale mari- juana to another marijuana establishment for sale at retail or for use in manufacturing a marijuana product, a label must be afluced to the shipping container showing that a licensed marijuana testing facility has tested each harvest batch in the shipment as provided in 3 AAC 306.645. The label must report the teat results, including (1) a cannabinoid potency profile expressed as a range of percent - spa that extends from the lowest percentage to highest percentago of concentration for each cannabinoid listed from every test con- ducted an that strain of marijuana from the same marUuana cultivation facility within the last three months; (2) a statement listing the results of microbial testing required under 3 AAC 306.645(b)(2); (3) a statement listing the results of residual solvent testing required under 3 AAC 306.645(b)(3), if applicable; and (4) a statement Gating my contaminants for which the product was tested in addition to contaminants for which 8 AAC 306.645(b) requires testing-, any additional tested contaminants include (A) molds, mildew, and filth; (R) herbicides, pesticides, and fungicides; and (C) harmful chemicals. (t) If a marijuana cultivation facility ships wholesnle maNuana from a harvest batch that has not been tested for each contaminant listed in (e)(4) of this section, the label for that batch must include a statement identifying each contaminant listed in (e)(4) of this section for which that harvest batch has not been tested. (ER 7121/2016, Register 217) Autharitys AS 1728.010 AS 17.38.150 AS 17.88.208 AS 17.88.070 AS 1798.190 AS 17.88.900 AS 1738.121 3 AAC SWAB(1. Marijuana tax to he paid. A marijuana cultiva- tion facility, including a standard marijuana cultivation facility and a limited marijuana cultivation facility, shall submit monthly reports to the Department of Revenue and pay the excise tax required ander A3 48.61.010 and 43.61.020 an all marijuana sold or provided as a sample to a marijuana establishment. (Eff. 2121/2016, Register 217) Authority. AS 17.88.010 AS 17.38.121 AS 1738.200 AS 17.38.0.70 AS 1738.150 AS 17.38.900 AS 17.38.070 AS 17.98.190 1168 Case No. 17-0181nfomation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 168 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P &Z REGULAR MEETING. MARCH 22, 2017 3 AAC 306.500 CmluaacE, Cobmuam, ANn Ec. Dsv. 3 AAC 306.505 Article 5. Marijuana Product Manufacturing Facilities. Section ficetlon 500. Marijuana product manufacturing 530. Marijuana handler permit and food facility, Hear. required aefety a-orker training 505. Marijuana product manu5¢turing 535. Rea ricted access and storage arem facility irmiegm 560. Marijuana inventory tracking aye. 510. Acta prohibited at marijusm producttrm 565. Health and safety standards manulacturiv B facility 550. Required laboratory testing 515. Marijuana toncantrata monufactur- 555. Praductian ofMar0ones coacentrato ung facility 11. 550. Potency anvils per mrving and tours. 520. Application for merijuaaa product ,talon for edible marijuana food. manufacturing facility acense ueG 525. Approval of concentrates and mart- M. Packaging of marijuana pmdum Juane products 570. Labeling of madjunna products 3 AAC 306.500. Marijuana product manufacturing facility license required. (a) A permn may not extract marijuann concen- trate for sale or formulate or manufacture any marijuana product for sale trades, thnt person has obtained a marijuana product manufac- turing facility license from the board in compliance with this chapter, or is an, employee or agent acting for a licensed marijuana product manufacturing facility. The board will issue (1) a standard marijuana product manufacturing facility license; and (2) a marijuana concentrate manufacturing facility license (b) A person seeking any type of marijuana product manufacturing facility license must (1) submit an application for a mar(juaaa product manufacturing facility license an a form the board prescribes, including the infor- mation act out under 3 AAC 306.020 and 3 AAC 306.520; and (2) demonstrate to the board's satisfaction that the applicant will operate in complinnee with (A) each npplimable provision of 3 AAC 306.500 — 3 AAC 306.570 and 3 AAC 306.700 — 3 AAC 306.755; and (11) each applicable public health, fire, safety, and tax code and ordinance of the state and the local government in which the applicant's pmpn ed licensed premises are located. (c) A licensee of a marijuana product mmmfiorturing facility, or an employee or agent of a marijuana product munuf.wturing facility, may not have not ownership interest in or a direct or indirect financial interest in a licensed marijuana testing facility. (Eft. 2/2142016, Reg- ister 217) AsthorUr.. AS 17.98.010 AS 17.38.150 AS 17.38.200 AS 17.38.070 AS 17.38.190 AS 17.38.000 AS 17.38.121 3 AAC 306.505. Marijuana product manufacturing facility privileges. Except as provided in 3 AAC 306.515, a licensed msri- 1169 Case No. 17-0181n formation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 169 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7.0 P 8 Z REGULAR MEETING: MARCH 22,2D17 3 AAC 306.510 ALAKKA Aamamnwc mCnsrc 3 AAJC 306.610 Juana product manufacturing facility, including a marijuana concen- trate manufacturing facility, is authorized to (1) purchase marquann from a marijuana cultivation facility or from another marijuana product manufacturing facility; (2) extract marijuana concentrate in compliance with 3 AAC 306.555; (3) manufacture, refine, process, cook, package, label, and atom marijuana products approved under 3 AAC 306.526, including (A) marijuana concentrate; or (B) any product intended for consumption or use on the body that is comprised of marijuana and other ingredients, including edible products, ointments, salves, patches, or tinctures; (4) sell, distribute, or deliver marijuana extract or any marijuana product only to a licensed retail marijuana atom or to another liconeod marijunna product manufacturing facility, (5) provide and transport samples of marijuana concentrate or other marijuana product to a licensed marijuana testing facility for testing. (6) provide a sample of marijuana concentrate or a marijuana product approved under 3 AAC 306.525 to a licensed retail mari- juann atom for the purpose of negotiating a sale; (7) store inventory in a restricted access area on the licensed premises as provided In 3 AAC 306.535; (8) transport marijuana in compliance with 3 AAC 306.750; (9) conduct in-house testing for the marijuana product manufaca turing facility a own use. (Ell. 2/21/2016, Register 217) Authorlty. AS 17.36.010 AS 17.3&150 AS 17.38200 AS 1798.070 AS 17.38.160 AS 17.38.900 AS 17.38.121 3 AAC 306.510. Acts prohibited at marijuana produet manu- facturing facility. (a) A licensed marijuana product manufacturing facility, including a licensed marijuana concentrate manufacturing facility, may not (1) sell, deliver, distribute, or transfer marjuana, marijuana concentrate, or a marijuana product directly to a consumer, with or without compensation; (2) sell marijuana, marijuana concentrate, or a marijuana product that is not manufactured, packaged, and labeled in compliance with 3 AAC 306.500 — 3 AAC 306.570; (3) allow any person, including a licensee, employee, or agent, to consume marijuana, marijuana concentrate, or a marijuana product on the licensed premises; (4) manufacture or sell any product that (A) is an adulterated food or drink; (B) closely resembles a familiar food or drink item including candy; or 1170 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 170 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-D P &Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.515 CoMMEWE, Co11wy1m, mai Ec. Dal: 3 AAC 306.520 (C) is packaged to look like candy, or in bright colors or with cartoon characters or other pictures or images that would appeal to children. (b) A licensed marijuana product manufacturing facility may not accept any marijuana from a marijuana cultivation facility or another marijuano product manufacturing facility unless (1) all marijuana in the shipment is properly identified with a label generated in the marijuana inventory tracking system of the facility that provided the marijuana; and (2) a valid transport manifest showing the source and destination of the marijuana is attached to the shipment. (c) In this section, `closely resemble" or "look like" means the product or its packaging has a shape, color, markings, or decorative patterns that are familiar to the public from a widely distributed branded food prnduct, so that the marijuana product could reasonably be mistaken for that branded product, especially by children. (EtL 7/2102016, Register 217) Authority. AS 17.38.010 AS 17.38.150 AS 17.39.20(1 AS 17.35.070 AS 17.38.190 AS 17.39.900 AS 17.38.121 3 AAC $06.515. Marijuana concentrate manufacturing fired. ity license. A licensed marijuann concentrate manufacturing facility has the privile^es set out in 3 AAC 306.505, muclit that it may not (1) manufacture, refine, procesa, cook, package, label, or store any marijuana product other than marijuana concentrate; (2) :.,ll, distribute, or deliver a marijuana product other than marijuana concentrate to a retail marijuana store or to another marijuana product manufacturing facility; (3) provide or transport a sample of a marijuana product other than marijuana concentrate to a licensed marijuann testing facility for testing: nr (4) provide samples of a product other than marijuana concen. trate to a licensed retail marijuana store for purposes of negotiating a sale. (Elf, 7/21/2016, Register 217) Authority: AS 17.88.010 AS 17.18.150 AS 17.38600 AS 17.38.070 AS 17.88.10 AS 17.78.900 AS 17.38.121 3 AAC 306.520. Application for marijuana product manufac. turing facility license. An applicant for a marijuana pra)uct man- ufacturing facility license, including a marijuana concrntrate manu- facturing facility license, most file an application on a form the board prescriber:, and pmtide the information required under 3 AAC 306.020 and (1) a copy of a food safety permit if required under 18 AAC 31.020 7171 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 171 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-0 P 6 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.626 Awgu AnktonsruwnrK Conti 3 AAC 306.626 from the Department of Environmental Conservation or a munici- pality with authority delegated under AS 17.20.072 and 18 AAC 31.046; (2) a diagram of the proposed licensed premises required in 3 AAC 306.020(6), identif-ving the area where (A) in-house testing, if any, will occur; and (B) marijuana and any marijuana product, including marijusna concentrate, will be stored; (3) in the applicant's operating plan required under 3 AAC 306.020(c), a description of (A) the equipment and solvents, gases, chemicals, and other' compounds used to mate concentrates and the processes to be used; (S) each marijuana product the applicant intends to process at We location; the product description must include the color, shape, texture, ingredients and standar) production procedure to be used and the additional information required for product approval in 3 AAC 306.626; (C) the packaging to be used for each type of product; (D) sample labels showing how the labeling information re- quired in 3 AAC 306.670 will be set out; and (E) the applicant's plan for disposal of waste. (ER. 2/21/2016, Register 217) Autharitrr AS 1728.010 AS 17.38.160 A3 1728200 AS 17.38.070 AS 17.78.190 AS 17.38.900 AS 1728.121 EdltorY afire: The farm fm an applied trato manufacturing facility license is Lion for a marijuana product manufactur- available online as provided in the editme ins facility Became or a marijuana caneam nob under 3 AAC 308.020. 3 AAC 306.626- Appmval of concentrates and marijrmna products. (a) A marijuana product manufacturing facility, including a marijuana concentrate manufacturing facility, must obtain the board'e approval for each product it will manufacture for sale or transfer to another licensed marijuana establishment. The board will not approve a product that is prohibited under 3 AAC 306.610(ax4). (b) An applicant for a marijuana product manufacturing facility license may request the board's approval of its intended products with a new license application by including, in its operating plan (1) a photograph, drawing, or graphic representation of the ex- pected appearance of each final product; and (2) the proposed standard production procedure and detailed manufacturing process for each product. (c) Alicensed marijuana product manufacturing facility may at any time submit a new product approval request to the board on a form the board prescribes along with the fee required under 3 AAC 306.100(c). (d) A licensed marijuana product manufacturing facility shall keep 1172 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 172 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306,530 COMMF=Z, COMM1INlrt; AND EC. DEV. 3 AAC 806.685 its ingredient lint and potency limits for any food product containing marijuana on file at the marUuann product manufacturing facility's licensed premises. The ingredient list and potency limits for any product manufactured at the facility must be made available for inspection on request by the director, or an employee or agent of the board.(ER. 2/21/2016, Register 217) Authority: AS 17.88.010 A9 1728.160 AS 17.89200 AS 17.38.070 As 17.88.190 AS 1728.900 AS 17.98.121 3 AAC $06". Marijuana handler permit and food safety worker training. (a) A marijuana product manufacturing facility, including a marijuana concentrate manufacturing facility, shall onsum that each licensee, employee, or agent who is required or permitted to be physically present on the licensed premises at any time (1) obtains a marijuana handler permit as provided in 8 AAC 306.700 before being present or employed at the marijuana product manufacturing fsciliWa liconsed premises; and (2) has the marijuana handler permit card in the person's imme- dinte possession, or a valid copy on file an the premiseA, at all times while on the marijuana product manufacturing facility's licensed premises. (b) A licensee, employee, or agent of a marijuana product manufac. turing facility who handles marijunna at the facility shall obtain o food worker card in compliance with 18 AAC 31.330 and keep that card in that person's possession at all times while on the licensed premises of the marUuana product manufacturing facility. (ER. 2/21/2016, Register 217) Aathsrhr AS 17.38.010 AS 17.88.160 AS 17.98.200 AS 17.38.070 AS 17,311A o AS 17.38.9n0 AS 17.381"t 3 AAC 308.635. Restricted access and storage areas. (a) A marijuana product manufacturing facility shall conduct any extraction or product manufacturing operation in a restricted access area in compliance with 3 AAC 306.710. (b) A muUuana product manuracturing facility shall have full video surveillance of the licensed premiR,w us provided in 3 AAC 806.720, including conch area where (1) marijuana concentrate is produced; (2) any nperation involved in manufacturing any product contain. ing mar{ uana occurs; (3) marijuana or a marijuana product is stored or stockpiled; or (4) marliuman waste is destroyed. (c) Any arca where marijuana or a marijuana product is stored must he moisture- and temperature -controlled and protected from pests and vermin. (ER. 2/21/2016, Register 217) 1173 Case No. 17.018 Intonation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 173 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.540 AtmKA Anaavtsr"TnT. Coup. 3 AAC 306.545 Auther{lr. AS 17.88.010 AS 17.38.150 AS 17.111.200 AS 17.38.070 A8 17.38.190 AS 1759.900 AS 17.38.t21 3 AAC 806.640. Marijuana inventory tracking system. (a) A marijuana product manufacturing facility shall use a marijuana in- ventory tracking system as provided in 3 AAC 306.730 to ensure that the marijuana product manufacturing facility identifies and tracks any marijuana or marijuana product from the time the marijuana or marijuana product is received, through (1) use of the marijuana or marijuana product in manufacturing any other mnrijuma, product; (2) sale or transfer of the marijuana or mnrijuana product origi- nally received, or any mnriinana product manufactured at that marijuana product manufacturing facility to another lieemsed mar- ijuana establishment; and (3) disposal of any expired or outdated marijuana or marijuana product that is not sold or transferred to another licensed marijuana establishment. (b) When marijuana from a marijuana cultivation facility or a marijuana product from another marijuana product manufacturing facility is delivered or transported to the licensed promises of a marijuana product manufacturing facility, the marijuana product manufacturing facility shall immediately enter tracking information for that marijuana or marijuana product into the marijuana inventory tracking system. A marijuana product manufacturing facility may not accept any marijuana or marijuana product that does not have a valid transport manifest generated from the marijuana inventory tracking system of the licensed marijuana establishment that supplies the marijuana or marijuana product. (c) A marijuana product manufacturing facility shall track any received marijuana or marijuana product to its use in a marijuana product, and shall reconcile each transaction to the marijuana product manufacturing facility's marijuana inventory tracking system at the close orbusinees each day. (d) A marijuana product manufacturing facility shall account for any variance in the quantity of marijuana or marijuana product the facility received, and the quantity the facility cold, transferred, or disposed of. (ER: 2121/2016, Register 217) Authorityr AS 17.38.010 AS 17.39.150 AS 1728.200 AS 17.38.070 AS 17.88.190 AS 17.38.900 AS 1758.121 3 AAC 308.545. Health and safety standards. (a) A marijuana product manufacturing facility shall comply with the health and safety standards set out in 3 AAC 308.736, 18 AAC 31 (Alaska Food Code), U74 Case No. 17-0181nforma0on Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 174 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 I 3 AAC 306.650 Commm a, CouaumTY, AHn Ec. Dov. 3 AAC 306.550 if applicable, and any local kitchen -related health and safety standards for retail food establishments. (b) In addition to inspection by the director or an employee or agent of the board, a marijuana product manufacturing facility in subject to inspection by local safety officials, including a local fire department, building inspector, or code enforcement officer. (Eff. 2/21/2016, Register 217) Autheritr AS 17.88.010 AS 17.88.180 AS 17.98.200 AS 17.98.070 AS 17.88.180 AS 17.38aW AS 17.98.121 3 AAC 808.550. Required laboratory testing. (a) A marijuana product manufacturing facility shall provide a sample of each marl. juana product manufactured at the facility to a licensed marijuana testing facility, and may not sell or transport a marijuana product until all laboratory testing required under 8 AAC 306.696 has been com- pleted. (b) 7b comply with (a) of this section, a marijuana product manu• factoring facility shall (1) collect a random ample for testing by selecting apmductfrom each production lot in an amount required by the marijuana testing facility; (2) designate an individual responsible far collecting each sample; that individual shall (A) prepare a signed statement showing that each sample has been randomly selected far testing; (B) provide the signed statement to the marijuana testing facility, and (C) maintain a copy as a business record under 8 AAC 306.755; and (3) transport the ample to the marijuana testing facility in compliance with 3 AAC 306.750. (c) After collecting and transporting a sample for testing, a marl. Juana product manufacturing facility shall segregate the entire pro- duction lot from which the testing sample was selected until the marijuana testing facility reports the results from its tests. During this period of segregntion, the marijuana product manufacturing facility that provided the sample shall maintnin the productina lot in a secure, cool, and dry location to prevent the marijuana product from becoming contaminated or losing its efficacy. The marijuana product manufac- turing facility may not sell or transport any marijuana product from the segregated lot until the marijuana testing facility has completed its testing and analysis and provided those results, in writing, to the marijuana product manufacturing facility that provided the ample. The marpuana product manufacturing facility shall maintain the testing results as part orits, business records. (Eff. 2121/2016, Register 217) 1175 Case No. 17-0181nfonnation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 175 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.555 Al. sm.AnMINU m Ilya COilx 3 AAC 306.555 Audwrity: AS 17.38.010 AS 17.98.150 AS 17182W AS 1718.070 AS 17.38.190 AS 1738.900 AS 17.38.121 3 AAC 306.555. Production of marijuana concentrate. (a) Be- fore producing marijuana concentrate for sale, a marijuana product manufacturing facility shall develop standard operating procedures, good manufacturing practices, a safety plan, and a training plan for each individual employed in an extraction process. (b) A marijuana product manufacturing facility may create mari- juana concentrates only as follows: (1) water-based marijuana concentrate may be produced by ex- tracting cannabinoids from marijuana by using only water, ice, or dry ice; (2) fd-based marquanu concentrate may be produced by extract- ing cnnnabiaoids from marijuana through the use of propylene glycol, glycerin, butter, olive oil, or other typical contingfats; infused dairy butter, oils, or fats derived from natural sources may be used to prepare infused edible products; infused dairy butter, oils, or fate may net be prepared as stand-alone edible products for sale; (3) solvent -based marijuana concentrate may be produced using the hydrocarbons N -butane, isobutane, propane, or heptane or other solvents or gases the board approves that exhibit low to minimal potential human health-related toxicity; approved solvents must be of at least 99 percent purity and must be used (A) in a professional grade closed-loop extraction system de- signed to recover the solvents; (B) in an environment with proper ventilation; and (C) with central of all sources of ignition if a flammable atmo- sphere is or may be present. (c) A marijuana product manufacturing facility using a professional grade closed-loop gas extraction system shall ensure that (1) each vessel is used in compliance with the manufacturer's stated pressure ratings; (2) any carbon dioxide used is of at least 99 percent purity; (3) a person using a solvent or gas to extract marijuana concen- trate In the closed-loop system is fully trained an how to use the system, bas direct access to applicable material safety data sheets, and handles and stores the solvent and gas safely, (4) a licensed engineer has certified that the prafessional grade dosed -loop system was commercially manufactured, is safe for its intended use, and is built to codes of recognized and generally accepted engineering practices; and (5) any professional grade dosed -loop system, and other equip- ment and facilities used in the extraction process are approved for their use by the local fire code official and meet say applicable fire, safety, and building code requirements. (d) A marijuana product munufacturing facility may use heat, screens, presses, steam distillation, ice water, and other methods without employing solvents or gases to create 1176 Case No. 17.019 Infonnatlon Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 176 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.660 Ccamsces, EkAtmtw rr, Asa Ec. Dev. 3 AAC 306.665 (1) kief; (2) hashish; (S) bubble hash; (4) infused dairy butter, oils, or fats derived from natural sources; or (5) other extracts. (e) Amarquana product mnnufacturing facility may use food -grade glycerin, ethanal, and propylene glycol solvents to create extracts. All ethanol must be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere. (EO'. 7121/2016, Register 217) Authmitr A9 17.38.010 AS 17,38.130 A9 17.88200 AS 17.98070 AS 17.38.190 A9 17.38.900 A3 17.88.121 8 AAC 806.560. Potency limits per serving and tmmmction for edible marijunna products. A marijuana product manufactur- ing facility may net prepare a marijuana product with putenry levels exceeding the following, as tested in compliance with 3 AAC 306.646: (1) for a single serving of a marpunna product, five milligmn s of active tetrohydrocannalo nal (THC) or Delta 9; (2) in a single packaged unit of a marijuana product to be eaten or swallowed, not more than 10 servings or 60 milligrams of active THC or Delta 9; the THC ront0nt must be homogenous, or evenly distributed throughout the marijuana -infused product. (ESE 7!21/2016, Register 217) Autburityr. AS 17.38.010 AS 17.38.160 A9 17.13.200 AS 17.38.070 AS 17.38.190 A9 17.38900 AS 17.39.121 3 AAC 306.666. Packaging of marijuana products. (a) A mar- ijuana product manufacturing facility shall observe the potency limits set out in 3 AAC 306.560 in packaging each product for resale by a retail marijuana stare. (b) A container or packaging far any edible marijuana product produced by a marijuana product manufacturing facility may not have any printed images, including cartoon charnetrrs, that speci6r$lly target individuals under 21 years of age. In addition, the packaging must (1) protect the product from contamination and may not impart any toxic or damaging substance to the product; and (2) if the marijuana product contains multiple servings, be de- aigned so that the marijuana product itself has markings or demar- cations clearly delineating each serving of the product; for liquid marijuana products with multiple servings, the packaging must indicate the number and size of individual sawing%. (c) A liv,naed marijuana product manufacturing facility may trans - 1177 Case No. 17.018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 177 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P A Z REGULAR MEETING: MARCH 22, 2017 3 AAC $06.570 At.w@ AommimArivs lime 3 AAC 306.570 fer marijuana products that are not edible marijuana products to another licensed marijuana product manufacturing facility in whole- sale packages not to exceed five pounds. (d) Each packaged marUuann product must be identified by a tracking label generated by the marijuana product manufacturing facility's marijuana inventory tracking system. (e) A licensed marijuana product manufacturing facility shall pre- pare marijuana products for transfer to another marijuana establish- ment by (1) placing marijuana products within a leaded, tamper -evident shipping container, (2) affixing a label that complies with 3 AAC 306.570(d) to the shipping container, and (3) generating a transport manifest from the marijuana product manufacturing facility's marijuana inventory tracking system; the transport manifest muat remain with the marijunno products at all times while being transported, and a copy most be given to the licensed marqunna estnhliahment that receives the shipment. (Eif. 2121/2016, Register 217) Authorltr AS 17.38,010 AS 17.36.150 A5 17.36300 AS 17.38,070 A9 17M.190 A3 17.36.900 A9 17.36.121 3 AAC 306.570. Labeling of marijuana products. (a) With ouch production lot of marijuana product sold, a marijuana product manu. facturing facility shall disclose in writing the name or the licensed marijuana testing facility that performed any required test and the results of each required test. (b) A marijuana product nay not be labeled as organic. (c) 76 eachpackage of marijuana product sold to a retail marijuana store for resole to a consumer, a marijuana product manufacturing facility shall affix a label setting out (1) the name and license number of the marijuana product man- ufacturing facility where the marUunna product was prepared; (2) the production lot number assigned to the product in the package; (3) the net weight of the product in the package, (A) not including weight of packaging; and (B) using a standard of measure compatible with the marijuana product manufacturing faci7itys marijuana inventory tracking system; and (4) each of the following statements: (A) "Marijuana has intoxicating effects and may be habit form- ing and addictive"; (B) 'Marijuann impairs concentration, coordination, and judg- ment. Do not operate a vehicle or machinery under its influence"; (C) "There are health risks associated with consumption of marijuana"; 1178 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 178 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETINGMARCH 22, 2017 3 AAC 306.570 CoAn+EatE, Co/lht m ,Ann Ec. Dw. 3 AAC 306.570 (D) "For use only by adults twenty -ons and older. Keep out of the reach of children."; (E) "TIarijuana should not be used by woman who am pregnant or breast feeding.". (d) A marijuana product manufacturing facility transporting a mar. ijuana product to a retail marijuana store shall affix a label to the shipping container showing that a licensed marijuana testing facility has tested each lot of marijuana product in the shipment and giving the test results, including (1) a cannabinoid potency profile expressed as a range of percent- ages that extends from the lowest percentage to highest percentage of cancentration for each cannabinoid listed from every test con- ducted on that production lot from the same marijuana product manufacturing facility within the last three months; (2) a statement listing the results of microbial testing required under 3 AAC 306.645(6X2); (3) a statement listing the results of residual solvent testing required under 3 AAC 306.645(6)(3), if applicable; and (4) a statement listing any contaminants for which the product was tested in addition to contaminants for which 3 AAC 306.645(b) requires testing any additional tested contaminants include (A) molds, mildew, and filth; (B) herbicides, pesticides, and fungicides; and (C) harmful chemicals. (e) If a marijuana product manufacturing facility ships wholesale marijuana product from a production lot of marijuana product that has not been tested for each contaminant listed in (dX4) of this section, the label for that lot must include a statement identifying each contami- nant listed in (dX4) of this section for which that lot has not been tested. (Etf. 2/21/2016, Register 217) Authority: AS 17.36.010 AS 17.96.150 AS 17.96.200 AS 17.:11070 AS 1756.190 AN 17.86,900 AS 17.96.121 Article 6. Marijuana 7bsting Facilities. 600. Ap 640. St 600. AppauhilitY 640. firW,dord uper.,tivg procedure man. 605. Mary'uaan tenting facility lirenne rn 645. Llnrauvy teetiagormarijueaa and gm1e'd' marijnann prnducta BIO. Mae6trma tearing faei6tire pron. 650. Chain of mstody leges and puhibiti. 656. Marijuana inv.m ry uudcvg aye - 615. Appliutim fm merijvana a ting fa. tem cility lianas 660. Failed materiels; ratc.tn 620. Approval of teatirot L�dlity GGS. Supptementsl marii.. queaty 625. Ptn6dmey testing pnegrarn [eating 630. 6cieollflc dirormr 6711. Reporting: veri6ution 636. Testing methud.lum. 675. Sewed, retention 1179 Case No. 17-016 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 179 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P a Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306,600 Aug Ajdfl 'ra.17IVl: Cuuk 3 AAC 306.605 8 AAC 806.800. Applicability. (a) The pmvisions of 3 AAC 806.600 — 3 AAC 306.675 apply to a person offering a service testing, analyzing, or certifying potency, moisture content, pesticide or solvent residue, mold, mildew, bacteria, or other contaminnnts in mar(juana or a marijuana product to another person including a marijuana estab- lishment or a member of the public, whether for compensation or not, as a independent or third -party testing facility. (b) The provisions of 3 AAC 306.600 — 3 AAC 306.675 do not apply to a licensed marijuana establishment that controls marijuana testing equipment used solely for its own in-house testing of its awn cultivated crop, of products produced or manufactured at its awn 6lcility, or of retail products placed or offered for sale in its retail mar((uana store. (Ef 2/21/2016, Register 217) Authority, AS 17.08.010 AS 17.88.150 As 1758.200 AS 1758.070 AS 17.38.120 AS 1758.900 AS 17.88.121 3 AAC 306.605. Marijuana testing facility license required. (a) A person may not offor or provide a marijuana testing service or test results unless the person hes obtained a marijuana testing facility license from the board in compliance with this chapter, or is an employee or agent acting for a licensed marijuana testing facility. (b) A person sealing a marijuana testing facility license most (1) submit an application for a marpuana testing facility license on u form the board prescribes, including the information set out under 3 AAC 306.020 and 3 AAC 306.615; and (2) der innstrate to the board's satisfaction that the applicant W will operate in wmpliance with each applicable provision of 3 AAC 306.600 — 3 AAC 306.675 and 3 AAC 806.700 — 3 AAC 06.765; (B) will operate in compliance with each applicable public health, fire, safety, and tax code and ordinance of the state and the local government in which the applicant's proposed licensed prem- ises are located; (C) does not bold a marijuana establishment license in this state other than a marijuana testing facility license, or have a financial interest in common with a person who is a licensee of a marijuana establishment in this state other than a marijuana testing facility license; and (D) meets the board's standards for approval as set out in 8 AAC 306.620 — 3 AAC 306.625. (c) Alicensee of a marijuam testing facility, or an employee or agent of a licensed marqusaa testing facility, may not have an ownership interest in or a direct or indirect financial interest in another licensed marijuana establishment. (Eff. 2/21/2016, Register 217) 1180 Case No. 17-018 Infonna0on Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 180 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.610 Cmureseg, Cohrumattw Arm Ec. Dtv 3 AAC 306.620 Authority, AS 17.88.010 AS 1788.180 AS 1738.200 A3 1738.070 A8 17%.180 AS 1738300 AS 1738.121 8 AAC 808.810. Marijuana testing facilities: privileges and prohibitions. (a) Alicensed marijuana testing facility may have any amount of marijuana and marijuana products on its premises at any given time if the marijuana testing facilitys marijuana inventory tracking system and other records document that all marijuana and marijuana products are on the premised only for the testing purposes described in 3 AAC 306.600 — 3 AAC 06.675. (b) Alicensed marijuana testing facility may not (1) have a licensee, employee, or agent who holds a type of marijuana establishment license other than a marijuana testing facility license issued under this chapter; (2) sell, deliver, distribute, or transfer maxii or a marijuana product to a consumer, with or without compensation; or (3) allow a person to consume marjjuana or a ma4umm product on its licensed premises. (EfP. 712112016, Register 217) Authornr AS 1738.010 AS 17.98.160 AS 17.88.200 AS 1738.070 AS 17.38.180 AS 17.71.900 AS 1738.121 8 AAC 808.816. Application for marijuana testing facility license. An applicant for a new marijuana testingfacility license most filo an application on a form the board prescribes, including (1) the information required under 3 AAC 306.020; and (2) the proposed marijuana testing facility"s operating plan, in- cluding, in addition to the information required under 3 AAC 306.020(c), (A) each test the marijuana testing facility will offer; (B) the marijuana testing facility's standard operating proce- dure romdura for each test the marijuana testing facility will offer, and (C) the acceptable range or results for each teat the marijuana testing facility will nfrer- (ER. 7121/2016, Register 217) Authority, AS 1731.010 AS 17.88.150 AS 1738.200 AS 1738.070 AS 17.88.190 AS 1738.900 AS 17.08.121 8 AAC 806.620. Approval of testing facility. (a) Aperson seek- ing a marijuana testing facility license most first obtain the approval of the board by showing competence to perform each test the liceri will offer as nn independent third -party testing facility, including testa to identify (1) T1TC, T11CA, CRD, CBDA and CRN potency; (2) harmful microbials including Escherichia cdli (E. Coli) or salmonella; U81 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 181 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7.0 P S Z REGULAR MEETING: MARCH 22, 2017 8 AAC 306.625 AI q4 A wtwrsArwa Com 8 AAC 808.826 (3) residual solvents; (4) poisons or toxins; (5) harmful chemicals; (6) dangerous molds, mildew, or filth; (7) pesticides. (b) In evaluating whether a person has shown competence in testing under this section, the board or the board's contractor may (1) conduct an on-site inspection of the applicant's premises; (2) require the applicant to demonstrate proficiency in testing; and (8) examine compliance with any applicable requirement of 3 AAC 306.680 — 3 AAC 306.676, and 3 AAC 306.700 — 3 AAC 306.765, including (A) qualifications of personnel; (B) the standard operating procedure for each testing method- ology the moriiusna testing facility will use; (C) proficiency testing results; (D) quality control and quality assursmce; (E) security; (F) chain of custody; (G) specimen retention; (W space; m records; and (J) reporting of results. (c) The board will approve a marijusna testing facility license if, alter the board or the board's contractor has examined the qualifies - tions and procedures of the marUuana testing facility license applicant, the board finds them generally in compliance with good laboratory practices. Nothing in AS 17.38 or this chapter constitutes a board guarantee that a licensed marijuana testing facility can or will protect the public from all potential hazards of marUuana including mic obials, poisons or toxins, residual solvents, pesticides, or other contaminants. (Eff. WW2016, Register 217) Authority-. AS 17.38.010 AS 17.38.[60 AS 17.38200 AS 17.38.070 AS 17.38.190 AS 17.38.900 AS 17.38.121 3 AAC 306.625. Proficiency testing program. (a) When an sc- credited proficiency testing program becomes available in the state, the [ward may require an applicant for a marUuana testing facility License to participate successfully in a proficiency testing program not earlier than 12 months before receiving a license. The proficiency testing program must require an applicant for a marijuana testing facility license or a participating licensed marqusna testing facility to analyze test samples using the same procedures with the same number of replicate analyses, standards, testing analysts, and equipment that will be need for product testing. Successful participation is the positive 1182 Case No. 17-016 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 182 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.630 CosutsacE, Cowuwm A Ec. Dev. 3 AAC 306.630 identification of 80 percent of the target analytes that the marijuana testing facility reports, and must include quantitative results when applicable. Any fable positive results reported constitute an unsatis- factory sere for the proficiency test. (b) Before renewing the license of a marijuana testing facility, the board may require the facility to participate in a proficiency testing program with documentation of continued performance satisfactory to the board. The license of a marijunna testing facility may be limited, suspended, or revoked if the facility fm7e to participate and receive a passing scare in a proficiency testing program. (c) The scientific director employed under 3 AAC 306.630 and each testing analyst of an applicant far a merjjuana testing facility license and n licensed marijuana testing facility that participated in a profi- ciency test shall sign a corresponding attestation statement. The scientific director shall review and evaluate each proficiency test result. (d) An applicant for a marijuana testing facility license, and a licensed marijuana testing facility participating in the profi©ency testing program, shall take and document remedial action when the applicant or the facility meets the standards of (a) of this, section, but scores less than 1D0 percent in a proficiency test. To take and document remedial action, the marijuana testing facility's scientific director shall, at a minimum, review all samples tested and results reported after the date of the marijuana testing facility's last successful profi- ciency test (Ef7: 2121/2016, Register 217) Authority AS 17.38.010 AS 17.39.160 AS 17.78.200 AS 17.38.070 AS 1728.190 AS 17.38.900 AS 17.36.121 3 AAC 806.630. 8cfentiflc director. (a) A marijuann testing fa- cility shall employ a scientific director who most be responsible for (1) overseeing and directing the scientific methods of the labora- tory within the marijuana testing facility; (2) assuring that the laboratory achieves and maintains quality standards of practice; and (3) supervising all stag' of the laboratory. (b) The scientific director of a marijuana testing facility most have (1) a doctorate degree in chemical or biological sciences from an accredited college or university and have at least two years of post -degree laboratory experience; (2) a master's degree in chemical or biological sciences from an accredited college or university and have at least four years of post -degree laboratory experience; and (3) a bachelor's degree in cbemical or biological sciences from an accredited college or university and have at least six years of post -degree laboratory experience. (Eff 7/27/2016, Register 217) 1183 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 183 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.635 Au.9 A0mntsTnvnva Cone. 3 AAC 306.636 Aathoeftr AS 17.38.010 AS 17.88.150 AS I758.2on AS 17.88.070 AS 17.38.180 AS 1758.900 AS 17.38.121 8 AAC 304.686. nstdng methodologies. (a) An applicant for a marijuana testing facility license and a licensed marijuana testing facility shall (1) use as guidelines or references for testing methodologies (A) the American Herbal Pharmacapoeias Cannabis Inflores- cence: Standards ofldentfty, Analysis, and Quality Control, Revi- sion 2014, adopted by reference; and (H) the United Nations Office on Drugs and Crimea Recast - mended Methods for the Identification and Analysis of Cannabis and Cannabis Products: Manual for Use by National Drug Anal- ysis Laboratories, dated 2009 and adopted by reference; and (2) notify the board of any alternative scientifically valid testing methodology the marijuana testing facility proposes to uas for any laboratory test it conducts; the board may require third -party validation of any monograph, peer-reviewed scientific journal article, or analytical method the marijuana testing facility proposes to follow to ensure the methodology produces comparable and accurate re- sults. (b) An applicant for a marijuana testing facility license and the baldair of a marijuana testing facility license shall observe good laboratory practices. (c) The board or the board's contractor may inspect the practices, procedures, and programs adopted, followed, and maintained by the applicant or the licensed marijuana testing facility and may examine all records of the applicant or the licensed marijuann testing facility that are related to the inspection. The la=d may require an applicant or a licensed marijuana testing facility to have an independent third party inspect and monitor laboratory ola_rntions to seamen testing campetertcy and the marijuana testing facility's compliance with its quality program. The board may require random validation of a marijuana testing facility's execution of each testing methodology the facility uses. The marijuana testing facility shall pay all costs of validation. (E6.2/21/2016, Register 217) AuUmHtyt AS 17.38.010 AS 17.38.180 AS 17.38.200 AS 17.38.070 AS 17.38.190 AS 17.38.900 AS 17.38.121 Editar's note, Cannabis fntbnerenoe: Valley, CalifaMn 95097, or at the Inmmet Smndanis o(ldentity, Analysis, and Qual- address httpJ1www.her1eal-nhp.wW ity Coated. Rmtdon 2014. published by Tee United Nations Office on Drugs and the AmeA. Herbal Pharmempoela, ad- Crimes Rm,mmnded Nrtluxls for the opted by reference in BAAC 308.695, may Identi(,ealion vad Analysis of Cannabis 1. obtained from the Ammiem tlarhal and Cannabis Pmducts: Alanual fur Ur Pharmacopoeia, P.O. Bex 88803, Scetts by National Drvg Analysis Labomtarin. 1184 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 184 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.640 Couta race, CnumvNtlx.um Ec. Day. 3 AAC 306.645 adopted by rdeream in 3 AAC 306.035, V www.unadc.ora/doeumeotduientifldSl'- availeble at the Interact address hnpa:# NAR-40.Ebook.p& 3 AAC 306.640. Standard operating procedure manual. (a) An applicant for a marijuana testing facility license and a licensed marijuana testing facility shall have a written manual of standard operating procedures, with detailed instructions explaining haw to perform each testing method the applicant or marijuana testing facility case and minimum standards for each test. The written manual of standard operating procedures most be available to each employee of the marijuana tenting facility at all times. The written manual of standard operating procedures most cover at least (1) sample preparation for each matrix that will be tested; (2) reagent, solution, and reference standard preparation; (3) instrument setup, if applicable; (4) standardization of volumetric reagent solutions, if applicable; (5) data acquisition; (6) calculation of results; (7) identification criteria; (6) quality control frequency; (B) quality control acceptance criteria; and (10) corrective action protocol. (b) The scientific director of a marijuana testing facility shall approve, sign, and date each standard operating procedure, and each revision to my standard operating procedure. (Eff. 2/21/2016, Register 217) Aul6orny. AS 17%.010 AS 17.38.150 AS 17.36.200 AS 17.98x70 AS 17.38.190 AS 17.38" AS 17.38.121 3 AAC 306.646. Laboratory testing of marijuana and mari. juana products. (a) Amarijuana testing facility shall use the general haly or required laboratory tests as act out in this section for marl. juana plant material, an extract or concentrate of marqunna, and on edible marijume product. Required tests may include potency analy. sis, moisture content, foreign matter inspection, microbial screening, pesticide, other chemical residue, and metals screening, and residual solvents levels. A marijuana testing facility shall establish a schedule of fees and samplr size required for each test it offers. (b) The tests required for each marijuana type or murijuana prod- uct, are as rollnws: (1) potency testing is required on marijuana bud and Hower, marijuana concentrate, and a marijuana product, as follows: (A) the required cannabinoid potency test most at least deter. mine the concentration of THC, THCA, CSD, CBDA and CBN cannabinoids; a marijuana testing facility may test and report results for any additional cannabinoid if the test is conducted In compliance with a validated method; 1186 Case No. 17-0181nformation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 185 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.696 Ausm Amumsrmnvr Cone 3 IAAC 306.645 (B) a marijuana testing facility shall report potency teat msults u follows: (f) for a potency teat on marijuana and marijuana concen- trate, the mariiusna testing facility shall list for each required cannabinoid a single percentage concentration that represents an average of all samples within the teat batch; alternatively, the sum of THC and T14CA may he reported m total TAC; the sum of CBD and CBDA may be reported as total CBD; (ii) for a potency teat on n marijuana product, whether conducted on each individual production lot or using process validation, the marijuana testing facility shall list far each cannabinoid the total number of milligrams contained withing a single retail marijuana product unit far sale; OR) for testing whether the THC content is homogenous, the marijuana testing facility shell report the THC content of each single serving in a multi -unit package; the reported content must be within 20 percent of the manufacturer's target; for example, in a 25 inilligrama total THC package with five servings, each serving must contain between four and six mtlligm= of THC; (C) the marijunnn testing facility shall dotermine un edible marijuana product to have failed potency testing if (i) an individually packaged edible retail marijuana product contained within a test lot is determined to have mare than 50 milligrams of TtIC within it; or (ii) the TAC content of an edible marijuana product is not homogenous; (2) microbial tenting for the listed substances an the listtd mari- junnn products is required as follows: Substance AcceploblelLindtaPecGnun Product W be 7hated Shiga-laaiu producing le,a than I colony earring unit Bower, retail merduana E-Acorita coli (CFWg) prvdueb; water and (SPEC) - baclatia toad -beard rmmnlratea Salanorno spaces - leu than t minty farrving writ bacteria (CFW ) Aspagillw faodgatua, kw than I colony forming unit Aapargillue Auus. (CFWF) Aspergillus niger- Fungus (3) testing for the listed residual solvents and metals on the listed marijuana products is required as follows: Buhetauce Acceptable Liana Per Gram Product to he 7bsted butane, Irss thou see porta per m(ihan solvmt-hosed mncrn- (PPhD tratm beptane, less than 5013 parts per nuaion (PPID benne hes than.025 parts Per mason (1'PM) 1186 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 186 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-D P &Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.660 CmuB,see, Couuom ,, sao Ec. Day. 3 AAC 808.666 Solwtuuoe fablLimits Per Grum Product b be lkated (E 2/212016, Register 217) Authoritp AS 17.98.010 AS 1729.160 A9 17.38.200 AS 17.38.070 A8 17.58.180 AS 17.88.900 AS 17.38.12106 3 AAC 3.660. Chain of custody. A marijuana testing facility shall establish an adequate chain of custody and sample requirement instructions that include (1) issuing instructions for the minimum sample requirements and storage requirements; (2) documenting the condition of the external package and integ- rity seals utilized to prevent contamination of or tampering with the sample; (3) documenting the condition and amount of sample provided at the time the sample is received at the marijuana testing facility, (4) documenting each person handling the original samples, aliquots, and extracts; (6) documenting any t.ransferofsamples, aliquots, and extracts to another marijuana testing facility for additional testing or at the request of the marijuana cultivation facility or marijuana product manufacturing facility that provided the testing sample; (6) maintaining u cm -rent list of authorized persons and restrict, ing entry to the marijuana testing facility to those authorized persons; (7) securing the marijuana testing facility during non -working hours; (8) securing short-term and long-term storage areas when not in use; (9) using a secured area to log in and aliquot samples; (10) ensuring samples are stand appropriately; and (11) documenting the disposal of samples, aliquots, and extracts. W. ( 2/21/2016, Register 217) Authoviyr. AS 17.38.010 AS 17.38.150 A.5 17.58.200 AS 17.38.070 AS 17.58.180 AS 17.38.900 AS I7M.121 r 3 AAC 306.866. Marijuana inventory tracking system. A ma ijumm testing facility shall use a marijuana inventory trackingsystem as provided in 9 AAC 306.730 to enure all marijuana transported to 1187 Case No. 17-0181nfonnatlon Packet e toleme leve than 1 parte per million (PPM) hemc Ida than ]0 para per mil8aa (PPM) 7bra1 rylead (mels- Ida than I paM pd m0lioo Ipleod, purn•xylmd, (PPM) arlbc-rylerdl 8: Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 187 of 349 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 187 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.660 Aimm Aunlsm-iwlrms Cone 8 AAC 306.666 the marijuana testing facility's premises is identified and tracked from the time the marijuana arrives at the marijuann testing facility to the use and destruction of the marijuana in testing, or to disposal in compliance with 3 AAC 306.740. (Eff.2/218016, Register 217) Autharltyz AS 17.38.010 AS 1728.160 AS 17.38.200 AS 17.38.070 AS 17.38.190 AS 17.38.900 AS 17:111121 3 AAC 306.660. Failed materials retests. (a) If a ample tested by a marijuana testing facility does not pass the required tests based on the standards set out in 3 AAC 306.646, the marijunna establish- ment that provided the sample shall (1) dispose of the entire harvest batch or production lot from which the sample was taken; and (2) document the disposal of the sample using the marijuana establishment's marijuana inventory tracking system. (b) If a sample of marijuana fails a required test, any marijuana plant trim, leaf, and other usable material from the same plants automatically foil the required teat. The board may approve a request to allow a batch of marijuana that fails a required test to be used to make n carbon dioride- or solvent -based extract. After processing, the carbon dioxide- or solvent -based extract most pass all required testa. (c) If a marijuana cultivation facility or a marijuana product a =- ufacturing facility petitions for a retest of marijuana or a marijuana product that failed a required test, the board may authorize a retest to validate the teat results. The marijuana cultivation facility or a marijuana product manufacturing facility shall pay all costs of a retest. (Eff. 2/218016, Register 217) Authority. AS 17.38.010 AS 17.39.160 AS 17.38200 AS 17.28.070 AS 17.38.1811 AS 17.98.9110 AS 17.39.121 3 AAC 306.666. Supplemental marijuana quality testing. (a) The board or director may at any time determine that the interests of the public require random supplemental testing of marijuana or a marijuana product. When the board or director requires random supplemental testing, the board will or director shall direct the marijuana cultivation facility that produced the marijuana, or the marijuana product manufacturing facility that manufactured the product, to submit a specified sample, batch, or packaged product to a designated marijuana testing facility. The material must be packaged in a meaner that ensures the marijuana testing facility will be able to confirm that it line received and is testing the carred supplemental sample. (b) When a marijuana testing facility receives a sample for random supplemental testing under this section, the marijuana testing facility shall 1188 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 188 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.670 Call¢ace, ComnmsrM arm Ec. D".. 3 AAC 306.670 (1) perform any required laboratory test the board or director requests; and (2) report its results to (A) the board or director, and (B) the facility that provided the sample. (c) A marijuana testing facility that conducts laboratory testing under this section shall bill all costs directly to the marijuana cultiva- tion facility or the marijuana product manufacturing facility that provided the samples for testing. WE 2121/2016, Register 217) AatboritIn AS 1728.010 AS 17.98,160 AS 17.38.200 AS 17.38.070 AS 17.38.190 AS 17.88.800 AS 17.38.121 8 AAC 80&670. Reporting; verification. (a) Amarijuana testing facility shall report the result of each required laboratory test directly into its marijuana inventory tracking system not later than 24 hours after the test is completed. A marijuana testing facility shall provide the final report (1) in a timely mamer to the marijuana establishment that submitted the sample; and (2) to the director not later than 72 hours after the marijuana testing facility determines that results of tested samples exceed allowable levels. (b) A marijuana testing facility shall establish procedures to ensure that reported results are accurate, precise, and scientifically valid. lb ensure reported results are valid, a marijuana testing facility shall include in a frost report (1) the name and location of the marijuana testing facility; (2) the unique sample identifier assigned by the marijuana test- ing facility; (3) the marijuana establishment or other punum that submitted the testing sample; (4) the sample identifierprovided by the marijuana establishment or other person that submitted the testing sample (6) the date the marijuana testing facility received the eample; (6) the chain or custody identifier, (7) the date of the report; (8) the type of marijuana or marijuana product tested; (9) the test results; (10) the units of measure; and (11) any other information or qualifiers needed for interpretation of the tit method and the results being reported, including my identified and documented discrepancy. (c) A marijuana testing facility may amend a final report for clerical purposes except that test results may not be amended. (E IT 2/21/2016, Register 2171 1189 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 189 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P a 2 REGULAR MEETING: MARCH 22, 2017 9 AAC 306.676 MASSA AmoscrreA7rvg 0,ar 3 AAC 906.799 Anthenitn A9 1728.010 AS 1726.150 AS 1728200 AS 17.1111.070 AS 17.90.100 AS 17.96800 AS 17.28.121 3 AAC 366.676. Records retention. A marijuana testing facility shall maintain the business records required under 9 AAC 906.766 for the period of time specified in that section. The books and records required under.1 AAC 308.766(aH1) include (1) test results; (2) quality control and quality assurance records; . (9) standard operating procedures; (4) chain -of -custody records; (5) proficiency testing records; (6) analytical data to include printouts generated by the instru• mentation; (7) accession numbers; (8) specimen type; (9) raw data of calibration standards and curves, controls, and subject results; (10) final and amended reports; (11) acceptable reference range parameters; (12) the identity of the analysh and (19) the date of the analysis. Mr.. 2/21/2016, Register 217) Antheeityt AS 1738.010 AS 1738.150 AS 17.38200 AS 1728.070 AS 17.26.190 AS 17.98.900 AS 17.28.121 Article 7.Oporatintt Requirements for All Marijuana Establishments. Secdon Section 700. Mar9uaaa handier ppccrrmm�st 705. Leersed p M= slteration 710. Reetricted sonans arms 730. MarUman, imentury tracking sys. tom 725. Health and safety standards 715. Security starts Mtems and loci[ 740. Waste disposal standards 745. Stoodaniued scales 720. Video surveilleoe 750. Transportation 725. impeetion or licensed premise 755. Busioew remrds 9 AAC 308.700. Marijuana handler permit. (a) A marijuana establishment and each licensee, employee, or agent of the marijuana establishment who sella, cultivates, manufactures, testa, or transports marijuana or a marijuana product, or who checks the identificattan of a consumer or visitor, must obtain a marijuana handler permit from the board before being licensed or beginning employment at a mari- jusna establishment. (b) 7b obtain a marijuana handler permit, a person must complete a marijuana handler permit education course approved by the board, pass a written test demonstrating an understanding of the nurse material, and obtain a certificate of course completion from the course 1190 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 190 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.705 Coatmua:, Coem wm, A.w Ec. Day. 3 AAC 806.705 provider. The topics that an approved marijuana handler permit education course covers, must include (1) AS 17.37, AS 17.38, and this chapter; (2) the effects of consumption of marijuana and marijuana prod. ucts; (3) how to identify a person impaired by consumption of maxi. juana; (4) how to determine valid identification; (5) how to intervene to prevent unlawful marijuana consumption; and (6) the penalty for an unlawful act by a licensee, an employee, or an agent of a marijuana establishment. (c) 7b obtain a marijuana handler permit, a person who has com. pleted the marijuana handler permit education course described under (b) of this section shall present the course completion certificate to the director. The director shall issue a marijuana handler permit card valid for three years from the date of issue. Aperson may renew a card issued under this section by passing a written test demonstrating an understanding of the course subjects. (d) A licensee, employee, or agent of a marijuana establishment shall peep the marijuana handler permit card described in (c) of this section in that person's immediate possession or a valid copy on file on the premises at all times when an the licensed premises of the marijuana establishment. (e) The board will review an approved marijuana handler permit education course at least once every three years, and may rescind approval of the course if the board finds that the education course contents are insuQvent or inaccurate, (E6 2/11/2016, Register 217) Aathadtrr A8 1796010 AS 1738.160 AS 17.39.200 AS 1796070 AS 17.78.190 AS 17.3x.9011 AS 1798.121 3 AAC 308.706. Licensed pmralset alteration. (a) A marijuana establishment license will be issued far specific licensed premises. Specific licensed premises must constitute a place clearly designated in a license application and described by a line drawing submitted with the license application. The licensed premises must (1) have adequate space for its approved operations, including growing, manufacturing, processing, packaging, or storing mari- juana or marijuana products; and (2) be located nod constructed to facilitate clenning, maintenance, and proper operation. (b) A marijuana establishment's license most be posted in a conspic. now place within the licensed premises. (c) A holder of a ma4unna establishment license may not alter the functional floor plan or roduce or expand the area of the licensed premises without first obtaining the director's written approval. A 1191 Case No. 17-0181nformetion Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 191 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.710 AI "Attmuiarnanvy. Gena 3 AAC 306.716 marijuana estiblishment license holder seeking to change or modify the licensed premises must submit a request for approval of the change on a form prescribed by the board, along with (1) the fee prescribed in 3 AAC 306.100; (2) a drawing showing the proposed change; (3) evidence that the proposed change conforms to any local restrictions; and (4) evidence that the licensee has obtained any applicable local building permit. (Etf. 212111016, Register 217) Authority: AS 17.88.010 AS 17.38.180 AS 17.28.200 AS 17.88.070 AS 17.88.190 AS 17.38.8011 AS 17.38.121 3 AAC 306.710. Restricted access areas. (a) A marijuana estab- lishment shall restrict access to any part of the licensed premises where marijuana or a marijuana product is grown, processed, tested, stored, or stacked. (b) Except as provided in 3 AAC 306.325 for a retail marijuana store, each entrance to a restricted access area most be marked by a sign that says "Restricted access area. Visitors must be escorted." A marijuana establishment shall limit the number of visitors to not more than five visitors for each licensee, employee, or agent of the licensee who is actively engaged in supervising those visitors. (c) In a restricted access area, a licensee, employee, or agent of the ntarijuann establishment shall weer a cumont identification badge bearing the Paraads phntogreph. A person under 21 years of age may not enter a restricted access area. Any visitor to the restricted access area must (1) show identification as required in 3 AAC 306.350 to prove that person is 21 years of age or older, (2) obtain a visitor identification badge before entering the m- stricted access area; and (3) be escorted at all times by a licensee, employee, or agent of the marijuana establishment. (Eti'. 2)2U2016, Register 217) Authority: AS 17.38.010 AS 17.38.150 AS 17.88200 AS 17.38.070 AS 17.38.19D AS 17.38.900 AS 17.38.121 3 AAC 306.715. Security alarm systems and lock standards. (a) Each licensee, employee, or agent of a marijuana establishment shall display m identification badge issued by the marijuana estab- lishment at all times when an the marijuana establishment's licensed Promises. (b) The licensed premises of a marijuana establishment most have (1) exterior lighting to facilitate surveillance; 1192 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 192 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-13 P 82 REGULAR MEETING: MARCH 22, 2017 3 AAC 306.720 COMMENCE, Couummr, non Ec. DEV. 3 AAC 806.720 (2) a security alarm system an all exterior doors and windows; and (3) continuous video monitoring as provided in 3 AAC 306.720. (c) A marijuana establishment shall have policies and procedures that (1) are designed to prevent diversion of marijuana or marijuana product; (2) prevent loitering; (3) deem -be the use or any additional security device, such as a motion detector, preasura switch, and duress, panic, or hold-up alarm to enhance security of licensed premises; and (4) describe the actions to be taken by a licensee, employee, or agent of the marijuana establishment when any automatic or electronic notification system alerts a local low enforcement agency of an unauthorized breach of security. (d) A marijuana establishment shall use ecommercial grade, non- residential door locks on all exterior entry points to the licensed premises. (Eff. 2/2112016, Register 217) Aolhoritla AS 17.3a.010 AS 17.38.150 AS 17.98300 AS 17.38.070 AS 17.93.1911 AS 17.39.900 AS 17.89.121 3 AAC 300.720. Video surveillance. (a) A marijuana mstablish- ment shall install and maintain a video surveillance and camera /sending system as provided in this section. 'rho video system must. cover (1) each restricted access arca and each entrance to a restricted access aren witAin the licensed promises; (2) each entrance to the exterior of the licensed promises; and (3) ench point-ofsale area. (b) At a marijuana establishment, a required video crtmum must he placed in a way that produces a clear view adequate to identify any individual inside the licenud promises, or within 20 feet of each entrance to the licensed promises. Both the interior and the exterior of each entrance to the facility must be rea,rded by a video camera. (c) Any arm where marijuana is grown, cun:d, or manufactured, or whore murijuann waste is destroyed, must have n camera placement in the mom faring the primary entry door, and in adequate fixed posi- tions, at a height that will provide n clear, unobstructed view of the regular activity without a sight blockage from lighting houds, fixtures, or other equipment, In order to allow for the clear and certain identification of any person and activity in the amn at all times. (d) Survoillance recording equipment and video surveillance records must be housed in a locked and secure area or in a lock box, cabinet, closet or other secure area that is accessible only to a marijuana establishment licensee or authorized employee, and to law enforce- ment personnel including a perim officer or an agent of the board. A 1193 Case No. 17-019 Informe0on Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 193 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 9 AAC 906.725 At %AAmtwvm artva cone 3 AAC .106.790 marijuana establishment may use an offsite monitoring service and offsite storage of video surveillance records if security requiremenLv at the offsite facility are at least as strict u onsite security requirements as described in this section. (e) Each aurveillance recording must be preserved for a minimum of 40 days, in a format that can be easily accessed for viewing. All recorded images most clearly and accurately display the time and date, and most be archived in a format that does not permit alteration of the recorded image, so that the images can readily be authenticated. After 40 dnys, a marUuann establishmentmay erase video recordings, unless the licensee knows or should know of any pending criminal, evil, or - administrative investigation for which the video recording may contain relevant information. (Ef. 221/2016, Register 217) Authority, AS 17.88.010 AS 1758.131 AS 17.38" AS 1728,070 AS 17.88.150 AS 17.88.900 AS 1728.121 AS 17.88.190 9 AAC 906.725. Inspection of licensed promises. (a) A mari- juana establishment or an applicant for a marijuana establishment license under this chapter shall, upon request, make the licensed premises or the proposed licensed premises, including any place for storage, available for inspection by the director, an employee or agent of the board, or an officer charged with the enforcement or this chapter. The board or the director may also request a local fire protection agency or any other state agency with health and safety responsibili- ties to inspect licensed premises or proposed licensed premises. (b) Inspection under this section includes inspection of the premises, facilities, qualifications of personnel, methods of operation, business and financial records, marijuana inventory tracking system, policies, and purposes of any marijuana establishment and of any applicant for a marijuana establishment license. (E6 2/21/2016, Register 217) Authority AS 17.9&010 AS 17.88.131 AS 1758.200 AS 17.38.070 AS 1758.160 AS 17.38.900 AS 17]8.121 AS 175&190 9 AAC 906.730. Marijuana inventory tracking system. (a) A marijuana establishment eboll we a marivana inventory tracking system capable of sharing information with the system the board implements to ensure of marijuana cultivated and sold in the state, and each marijuana product processed and sold in the state, is identified and tracked from the time the marijuana is propagated from seed or cutting, through transfer to another licensed marijuana estab- lishment, or use in manufacturing a marijuana product, to a completed sale of marijuana or a marijuana product, or disposal of the harvest batch of marijuana or production lot of marijuana product. (b) Marpuana delivered to a marijuana establishment must be 1104 Case No. 17-0181nfoonation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 194 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.735 Co uassim. Comwur-r x Arta Fc. Dov. 3 AAC 3D6.736 weighed on a scale registered in compliance with 3 AAC 306.746. (EA: 2/2112016, Register 217) Autborltyt AS 17.38.010 AS 1736.150 AS 17.88200 AS 17.58.070 AS 1739.190 AS 17.88.900 AS 1738.121 S AAC 508.736. Health and safety standards. (a) A marijuana establishment is subject to inspection by the local fire department, building inspector, or code enforcement officer to confirm that health or safety concerns are not present (b) A ma4usna establishment shall take all reasonable measures and precautions to ensure that (1) any person who has an illness, an open sore or infected wound, or other potential source of infection does not come in contact with maryuana or a marijuana product while the illness or source of infection persists; (2) the licensed promisee have (A) adequate and readily accessible toilet facilities that are maintained in good repair and sanitary condition; and (B) convenient handwashing facilities with running water at a suitable temperature; the marijuana establishment shall require employee+ to wash or sanitize their hands, and shall provide effective hand -cleaning, sanitizing preparations, and drying de - view; (3) each person working in direct contact with marijuana or a marquams product conforms to good hygienic practices while on duty, including (Al maintaining adequate personal cleanliness; and (B) washing hands thoroughly in an adequate hand -washing area before starting work, atter using toilet facilities, and at any other time when the person's hnn is may have become soiled or contaminated; (4) litter, waste, and rubbish are properly removed; the waste disposal equipment must be maintained and adequate to (A) avoid contaminating my area where marijuana or any marUuana product is stored, displayed, or sold; and (B) prevent causing odors or attracting pests; (5) floors, walla, and ceilings are constructed to allow adequate cleaning, and are kept dean and in good repair, (6) adequate lighting is installed in any area where marjjuana or a ma4uaoa product is stored, displayed, or sold, and where any equipment or utensil is cleaned; (7) screening or other protection adequately protects against the entry, of pests; (8) each building, fixture, and other facility is maintained in sanitary condition; (9) each toxic cleaning compound, sanitizing agent, and pesticide chemical is identified and stored in a safe manner to protect against 1195 Case No. 17-0151nfonnation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 195 of 349 AGENDA ITEM #9.A. PUBLIC HEARING REM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.740 AtAsaA Aaumtsm alts Cnnr 3 AAC 306.740 contamination of marijunna or a marijuana product and in compli- ance with my applicable local, state, or federal low; (10) adequate sanitation principles are used in receiving, inspect- ing, transporting, and storing marijuana or a marijuana product; and (11) marijuana or a marijuana product is held in a manner that prevents the growth or bacteria, microbes, or other undesirable microorganisms. Ic) A marjjuann establishment shall ensure that any marijuana or marijuana product that has been stored beyond its usable life, or was stored improperly, is net salvaged and returned to the marketplace. In this subsection, "stored improperly" mems being exposed to extremes in temperature, humidity, amuke, fumes, pressure, or radiation due to a natural disaster, fire, accident, or equipment failure. (d) If a mar{ uana establishment does not have reliable information about the age or storage conditions of mar jusna or a marijuana product in its possession, the marijuana establishment may salvage the marijuana only if (1) a licensed marijuana testing facility determines from quality assurance testing that the marijuana or marijuana product meots all applicable standards of moisture, potency, and contaminants; (2) inspection or the promisee where a disaster or accident oc- curned shows that the maryuanu or martt"unna product stored there was not adversely affected by the disaster or accident; and (3) the marqusns establishment maintains a record of Elle sal- vaged marijuana or marijuana product in its marijuana inventory tracking system, including the name, tat number, and final disposi- tion. (EtL 9/21/2016, Register 217) Authority: AS 17.38.010 AS 17.38.160 AS 17.38.200 AS 17.38.070 AS 17.38.180 AS 17.38.900 AS 17.38.121 3 AAC 306.740. Waste disposal. (a) A marijuana establishment shall store, manage, and dispose of any solid or liquid waste, including wastewater generated during marpuant cultivation production, pro- cessing, testing, or retail sales, is compliance with applicable federal, state, and local statutes, ordinances, regulations, and other law (b) Marijuana waste most be rendered unusable for my purpose for which it was grown or produced before it leaves a marijuana estab- lishment Marijuana waste includes (1) marijuana plant waste, including roots, stalks, leaves, and stems that have not been processed with solvent; (2) solid marijuana sample plant waste in the possession of a marijnma testing facility; and (3) other waste as determined by the board. (c) A marijuana establishment shall (1) in the marijuana inventory tracking system required under 1196 Case No. 17-0181ntonnation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 196 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.745 Comm nez, Commumw, Aran Em Deo. 3 AAC 306.745 3 AAC 306.730, give the board notice not later than three days before making the waste unusable and disposing of it; however, the director may authorize immediate disposal on an emergency basis; and (2) keep a record of the final destination of marijuana waste made unusable. (d) Marijuana plant waste most be made unusable by grinding the marUmum plant waste and mixing it with at least an equal amount of other cumpostable or non-compostable materials. A marijuana estab- lishment may use another method to make marijuana waste unusable if the board approves the method in advance. Material that may be mixed with the marijuana waste includes (1) cempostable materials including food waste, yard waste, veg. etable based grease or oils, or other wastes approved by the board when the mixed material can be used as compost feedstock or in another organic waste method such as an anaerobic digester with approval of any applicable local government entity; or (2) non-compostable materials including paper waste, cardboard waste, plastic waste, oil, or other wastes approved by the board when the mixed material may be delivered to n permitted solid waste facility, incinerator, or other facility with approval of any applicable local government entity. (e) If marijuana or a marijuana product is found by, or surrendered to, a law enfereement officer including a peace officer or an airport security officer, the officer my dispose of the marijuana or marijuana product as provided in this section or by any method that is allawad under any applicable local ordinance. (ER: 7121/2016, Register 217) Authority: AS 1793,010 AS 1798.150 AS 1798.200 AS 1798.070 AS 17.38.190 AS 1798.900 A9 17.38.121 3 AAC 306.746. Standardized scales. A mnrijuana establishment shall use registered scales in compliance with AS 45.75.080 (Weights and Measures Act). A marijuana establishment shall (1) maintain registration and inspection reports of scales regis- tared under AS 45.75.080 and 17 AAC 90.920 — 17 AAC 90.935; and (2) upon request by the board or the director, provide a copy of the registration and inspection reports of the registered scales to the board or the director for review. (Elf. 2/21/2016, Register 217) Authority. AS 1798.010 AS 3798.150 AS 17.78.200 AS 17.78.070 AS 17.78.190 AS 1793,900 AS 1798.121 1197 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 197 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P &Z REGULAR MEETING: MARCH 22, 2017 8 AAC 300.780 Ausxn Anmmsmmva Cums 8 AAC 306.760 • 3 AAC 306.700. Tran rportation. (a) A marijuana establishment shall transport marijuana as follows: (1) a marijuana cultivation facility may transport marijuana to another marijuana cultivation facility, a marijuana product manu- facturing facility, a marijuana testing facility, or a retail marijuana stars; (2) a marijuam product manufacturing facility may transport a marijuana product to another marijunna product manufacturing facility, a marijuana testing facility, or a marijuana retail store; (3) a marijuana testing facility may transport marijunna or a marijuana product to the facility from which it received the mari. juana or nnother marijuana testing facility; (4) a retail marijunna store may transport marijuana or a mnri- • juana product to another retail marijuana store. (b) A marijuana establishment from which a shipment of marijuana or marijunna product originates is responsible for preparing, packag- ing, and securing the marijuana or marijuana product during ship. ment, for recording the transfer in the marijuana inventory tracking system, and for preparing the transport manifest. An individual transporting marijuana in compliance with this section shall have a marijuann handler permit recluired under 3 AAC 306.700. Ic) When marijuana or a marijuana product is transported, the marijuana establishment.that originates the transport shall use the marijuana inventory tracking system to record the type, amount and weight of marijuana nr marijuana product being transported, the name of the transporter, the time of departure and expected delivery, and the make, model, and license plate number of the transporting vehicle. A complete printed transport manifest on a form prescribed by the board must be kept with the marijuana or marijuana product at all times. (d) During transport, the marijuanm or marijuana product must be in a sealed package or container and in a locked, safe, and seccrre storage compartment in the vehicle transporting the marijuana or marijuana product. The settled package may not be opened during transport. A vehicle transporting marijuana or a marijuana product must travel directly from the shipping marijuana establishment to the receiving marijuana establishment, and may not make unnecessary stops in between except to deliver or pick up marijuana or n marijuann • product at another licensed marijuana entabliahment. (a) When a marijuana establishment receives marijuann or a mar - Utmost product transported in compliance with this section, the recip- ient of the shipment shall use the marijuana inventory tracking system to report the type, amount, and weight of marijuana or marijuana product received. The recipient shall refuse to accept any shipment of marijuana or marijuana product that is nut accompanied by the transport manifest. (D Amsrijunna establishment shall keep records of all marijuana or marijuana products shipped from nr received at that marijuana 1198 • Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 198 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 I 3 AAC 306.765 Cnw.mxea, Cohmumtx, mo Ec, Der. 3 AAC 306.765 establishment as required under 8 AAC 306.755. (EN 2/21/2016, Water 217) Amhorlty: A5 17.38.010 AS 17.88.160 A5 17.38" AS 17.98.070 AS 17.39.190 AS 17,38.900 AS 17.38.121 8 AAC 306.755. Business records. (a) A marijuana establish- ment shall maintain in a format that is readily understood by a reasonably prudent business person (1) all books and records necessary to fully account for each business transaction conducted under its license for the current year and three preceding calendar years; records for the last six months must be maintained on the marijuana establishment's licensed premises; older records may be archived on or off premises; (2) a current employee list setting out the full name and mari- juana handler permit number of each liccusee, employee, and agent who works at the marijuana establishment; (3) the busincmv mntact information for vendors that maintain video surveillance systems and security alarm systema for the licensed premises; (4) records related to advertising and marketing; (5). a current diagram of the licensed premises including each restricted access area; (6) a Ing recording the name, and date and time of entry of each visitor permitted in a restricted access area; (7) all records normally retained for tux purposes; (8) accurate and comprehensive inventory tracking records that account for all mnr(jnana inventory activity from seed or immature plant stage until the retail marijuana or retail marijuana product is sold to a consumer; to another morjusna establishment, or do- strayed; and (9) transportation records for marjjuann and marijuana products as required under 3 AAC 806.760(£). (b) A marijuana establishment shall provide any record required to be kept on the licensed premises to an employee of the board upon request. Any rocord kept off premises most be provided to the board's employees not later than threw business days after a request for the record. (c) A marijuana establishment shall exerciso due diligence in pro- serving and maintaining all required records. Lose of records mid data, including electronically maintained records, does not excuse a viola- tion orthis section. The board may determine a failure to retain records required under this section to be a license violation affecting public safety. (Eff. 2121/2016, Register 217) 1199 Case No. 17-019 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 199 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.800 AIA9aAA%IINISraA7w90313F 3 AAC 308.806 Aathoritr AS 1739.010 A.5 1710.131 AS 1738.7e0 AS 17.39.070 AS 17.38.150 AS 17.93.900 AS 1738.121 AS 1738.190 Article 8. Enforcement; Civil Penalties. Section Secdon am. Inspection and invealiKsarlon 830. Seizure of marijuana or morijuum 805. Report or notice ofriolnuon product 810. Suepeneien or revocation of licca.- 8:10. Hearing 819. Suxperum or revocation based on MO Civil fines act of employee 820. Pnaedua• for action on lia•nse sus 845• AAP•ai n or revocatiren on 850. Surrender or deamcdon of liame 9'115. Suemmcanry euxpcn ion b pm4et pub lic br:dth. safety, ac wel0ire. S AAC 306.800. inspection and investigation. (a) The director, an enforcement agent, an employee of the board, or a peace officer acting in an official rapacity, may (1) inspect the licensed premises or a marijuana establishment, including any marijuana and marijuana product on the premises, cyuipment used in cultivating, processing, testing, or storing mari- juana, the marijuana establishment's marijuana inventory tracking system, business records, and computers, at any reasonable time and in a reasonable manner, (2) issue a report or notice as provided in 8 AAC 306.805; and (3) as authorized under AS 17.38.181, exercise peace officer pow- er; and take any other action the director determines is necessary. (b) Amarijuana establishment, and any licensee, employee, or agent in charge shall cooperate with -the director, an enforcement agent, an employee of the board, or a peace officer acting in an official capacity, to enforce the,laws related to marijuana, including (1) permitting entry upon and inspection of the licensed premises; and (2) providing access to business records at reasonable times when requested by the director, an enforcement agent, an employee of the board, or a peace officer. (Eff. 2/2112016, Register 217) Anthorityr AS 1738.010 AS 1738.131 AS 17.38.900 AS 17.88.070 AS 1738.150 AS 1738.900 AS 17.88.121 AS 1738.190 3 AAC 306.805. Report or notice of violation. (a) The director, an enforcement agent, an employee of the board, or a peace officer acting in an official capacity, may issue as inspection report, an advisory report, or a notice of violation before taking action to suspend or revoke a marijuana establishment license. (b) An inspection report documents an investigator's inspection of licensed premises. An inspection report must be prepared on a form the board prescribes and include information prescribed under AS 17.38 or this chapter or that the board requires. 1200 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 200 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7.0 P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.810 Cmmfsacs, Cmtmwm, mn Ec. Div. 3 AAC 306.810 (c) The director, an enforcement agent, an employee of the board, or a peace officer acting in an official capacity may issue an advisory notice when an incident occurs or a defect is noted that could result in a violation of a statute, regulation, or municipal ordinance. An advi. sory notice may result from an inspection report, but is not a basis for administrative action unless the incident or defect continues or is not corrected. (d) The director, an enforcement agent, an employee of the board, or a peace officer acting in as official rapacity may issue a notice of violation if an inspection report or other credible information shows a marijuana establishment is in violation of AS 17.38, this chapter, or other law relating to marUuana. The notice of violation must be delivered to the marijuana establishment at its licensed promises, and to the board. The notice must describe any violation, and cite the applicable statute, regulation, or order of the board. A marijuana establishment that receives a notice of violntion may respond to the notice orally or in writing, and may, not later than 30 days after receiving the notice, request an opportunity to appear before the beard. A notice of violation may be the basis of a proceeding to suspend or revoke a marijuana establishmenfis license as provided -under 3 AAC 306.810. (Efi. 7/21/2016, Register 217) Aotaurltyt AS 17.39.010 AS 17.98.191 AS 1739.200 AS 179X.070 AS 1799.1911 AS 17.89.900 AS 17:19.121 AS 1798.190 3 AAC 8(18.810. Suspension or revocation of BCen9C. (a) The board will suspend or revoke a marijuana establishment license issued under this chapter if any licensee is convicted of a felony or of a crime listed in 3 AAC 306.010(d)(2) or (3), or if the board becomes aware that a licensee did not disclose a previews felony conviction or a conviction of a crime listed in 8 AAC 306.010(d)(2) or (3). (b) The board may suspend or revoke a license Lssuld under this chapteg refuse to renew n license, or impose a civil fine, if the board finds thnt a licensee far any marijuana establishment (1) misrepresented a material fact an an application for a mari- juana establishment license, or an affidavit, report, or signed state- ment under AS 17.38 or this chapter, or (2) is following any practice or procedure that is contrary to the best interests of the public, including (A) using any process not approved by the board for extracting or manufacturing marijuana concentrate. or products; or (B) sellingordistributingany marijuana concentrate or product that has not been approved by the hard: (3) failed, within a reasonable time after receiving a notice of violation from the director, to correct any defect that is the subject of the notice of violation of (A) AS 17.38 or this chapter, 1201 Case No. 17.018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 201 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.815 Al %m AmiNisruxmk. CtNIF. 3 AAC 306.815 (B) a rendition or restriction imposed by the board; or (C) other applicable Inw; (4) knowingly allowed an employee or agent to violate AS 17.38, this chapter, or a condition or restriction imposed by the board; (5) failed to comply with any applicable public health, fire, safety, or tax statute, ordinance, regulation, or other law in the state; or (6) used the licensed premises far an illegal purpose including gambling, possession or use or narcotics other than marijuans, prostitutian, or sex trni ieking. (c) A local government may notify the director if it obtains evidence that a marijuana establishment has violatgd a provision of AS 17.38, this chapter, or a condition ar restriction the board has imposed on the marijuana establishment. Unless the (ward finds that the local gov- emmen$s notice is arbitrary, capricious, and unmasonable, the direc- tor shall prepare the notice and supporting evidence as an accu<otion against the marijuana establishment under AS 44.62.360, and conduct proceedings to resolve the matter as described under 3 AAC 306.820. (EB: 2/21/2016, Register 217) Autlwritls AS 17.96.010 AS 1789.191 A.9 17..9.200 AS 17.98.070 AS 17.36.190 A3 1788.600 AS 1788.121 AS 1788.190 3 AAC 306.815. Suspension or revocation based on act of employee. If, in a proceeding to suspend or revoke a marijuana establishment license under 3 AAC 306.810 and 3 AAC 306.820, evidence shows that an employee or agent of a licensed marijuana establishment was responsible far an act that would justify suspension or revocation of the marijuana establisbmenVa Human if committed by a licensee, the board may find that licensee knowingly allowed the act if (1) the licensee (A) was physically present when the violation occurred; (B) knew or should have known the violation was occurring; and (C) did not take action to stop the violation; (2) the licensee failed to adequately supervise the agent or em- ployee; (3) the licensee failed to adequately train the agent or employee in the requirements ofAS 17.38 and We chapter relating to marijuana; or (4) the licensee was reckless or careless in hiring the agent or employee. WE 2P21/2016, Register 217) 1202 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 202 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 308.820 Couueacs, Courn.Tmv, mm Ec. Dw.. 3 AAC 306.830 Authority: AS 17.88.010 AS 17.38.131 AS 17.38,200 AS 17.38.070 AS 17.38.160 AS 17.38.900 AS 17.88.121 AS 17.88.190 3 AAC 306.820. Procedure for action an license suspension or revocation. A proceeding to suspend or revoke a license must be initiated by service of an accusation on the marijuana establishment in compliance with AS 44.62.360 and 44.62.380, and conducted in com- pliance with AS 44.62.330-44.62.630. The accusation must be served at the address of the licensed premises, or at the address of the licensee who is responsible for management and compliance with laws as listed in the marijuana establishment license application in compliance with 3 AAC 306.020(bH6). The marijuana establishment is entitled to a hearing as provided under AS 44.62.390. (Eff. 2/218016, Register 217) Authority: AS 17.38.010 AS 17.38.131 AS 17.78.200 A8 17.38.070 AS 17.88.160 AS 1798.900 AS 17.38.121 AS 1728.190 3 AAC 308.826. Summary suspension to protect public health, safety, or welfare. (a) If the director finds that a person holding a marijuana establishment license bas acted and appears to be continuing to act in a way that constitutes an immediate threat to the public health, safety or welfare, the director may issue an order immediately suspending the license of that person, and ordering an immediate atop to the activity that constitutes the threat to the public health, safety, or welfare. (b) When the director issues a summary suspension under this section, the director shall immediately give the marijuana establish- ment subject to the summary suspension order notice of the reasons for the summary suspension, and or the time and place for an expedited hearing before the board Unless the marijuana establishment subject to the summary suspension order requests a delny, the bearing will be held not later than five days after the director gives notice of the reasons for the summary suspension and the scheduled hearing. (Eil: 2/218016, Register 217) Aathoray: AS 17.38.010 AS 17.38.131 AS 17.38.200 AS 17.28.070 AS 17.38.160 AS 17.38.900 AS 17.38.121 AS 17.38.190 8 AAC 306.880. Seizure of marijuana or marijuana product. (a) The director, an eafnrcement agent, an employee of the hoard, or a peace officer acting in an official capacity, may seize marijuana or any marijuana product from a licensed or previously licensed marijuana establishment if the marijuana establishment has (1) any marjjunna or marijuana product not properly logged into the moriiunna establishment's marijuana inventory tracking sys- tem; 1'203 Case No. 17-0181nfomation Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 203 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.835 ALAawtAtmtmtiT8ATt%% Gms 3 AAC 306.835 (2) any adulterated marijuana fued or drink product prohibited under 3 AAC 306.510(e)(4); (3) any marijuana or marijuana product that is not properly pnckaged and labeled as provided in (A) 3 AAC 306.470 and 3 AAC 306.476; or (B) 3 AAC 306.565 and 3 AAC 30(1.570; or (4) not renewed its license as required under 3 AAC 306.035. (b) If the director, an enfarrement agent, an employee of the board, or a peace officer acting in an official capacity seizes marijuana or a marijuana product under this section, the director shall update the marijuana inventory control tracking system to refect the seizure and ensure that the seized items are stated in n reasonable manner. The director shall immediately give the marjjumoa establishment from which the marijuana or marijuana product was seized notice of the reasons fnr the seizure and the time and place of a hearing before the board. Unless the mnrijuann establishment from which the marijuana or marijuana product was seized requests a dulay, the hearing will he held not later than 10 days after the director gives notice of the reasons for saizure and the scheduled hearing. If the seizure occurs in connec- tion with a summary suspension under 3 AAC 306.825, the hearing will be combined with a hearing on the summary suspension. (c) If the marijuana establishment from which the marijuana or marijuana product was seized does not request or participate in a hearing under this section, or if atter a bearing the board fads that seizure of the marijuana or marijuana product was justified, the marijuana or marijuana product will be destroyed by burning, cash- ing, or mixing with other material to make the marijuans or marijuana product unusable w provided in 3 AAC 306.740. (d) If a seizure under this section is of marijuana plants in place in a licensed standard or limited marijuana cultivation facility, the seizure order may direct the marijuana cultivation facility to continue care of the plants until the hearing, but prohibit my transfer, sale, or other commercial activity related to the plants. (EQ. V212016, Regis- ter 217) Aathorhy: AS 17.9&010 AS 17.98.131 AS 17.38.200 AS 17.93.070 AS 17.88,150 AS 17.38.900 AS 17.88,121 AS 17.38.190 3 AAC 806.835. Hearing. (a) Except as provided in 3 AAC 306.825 or 3 AAC 306.830, a person aggrieved by an action of the director, an enforcement agent, or an employee of the board may request a hearing in compliance with AS 44.62.390 by filing a notice of defense not later than 15 days atter receiving a written accusation. Fafuro to file a notice of defense as provided in this section constitutes a waiver of the right to a hearing. (b) When an aggrieved person requests a bearing ander this section, the beard may request the office of administrative hearings to conduct 1204 Case No 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 204 of 349 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.840 Coaw.acc, Coxulrmly, AYn Ec. Dsv. 3 AAC 306.850 the hearing in compliance with due process, AS 44.62.330— 44.62.630 (Administrative Procedure Act), and 2 AAC 64.100 — 2 AAC 64.990, as applicable. (Eff. 2121/2016, Register 217) Authority: AS 17.38.010 AS 17.38.131 AS 17.38.200 AS 17.38.070 AS 17.38.150 AS IT38.900 AS 17.38.121 AS 17.38.190 3 AAC 308.840. Civil finea. (a) The board may, in addition to any other penalties imposed under this chapter, impose a civil fine an a marijuana establishment, licensee, or person that the board deter- mines has violated a provision of AS 17.38 or this chapter. (b) In a proceeding under 3 AAC 306.810 — 3 AAC 306.830, the board may impose a civil fine, not to exceed the greater of (1) an amount that is three times the monetary gain realized by the marijuana establishment, licensee, or person as a result of the violation, as determined by the board; (2) $10,000 for the first violation; (3) $30,000 for the second violation; or (4) $50,000 for the third or subsequent violation. (Eff. 2121/2016. Register 217) - Authnritrr. AS 17.38.010 AS 17.33.131 AS 17.38200 AS 178.070 AS 17.38.150 AS 17.38.900 AS 17.38.121 AS 17.38.190 3 AAC 306.845. Appeal. (a) An aggrieved party may appeal to the board regarding any action of the director, an enforcement agent, or an employee of the board charged with enforcing AS 17.38 or this chapter, including suspending or revolting a license, seizing marijuana or a marijuana product, or imposing a civil fine. (b) A person aggrieved by a final decision of the board suspending or revoking a license under this chapter or imposing a civil fine may appeal to the superior court under AS 44.62.560. (Eff. ?121/2016, Register 217) Authurlty: A.9 17.38.010 AS 17.38.131 AS 17.38.200 AS 17.38.!170 AS 17.38.150 AS 17.38.900 As 17.38.121 AS 17.39,110 3 AAC 306.860. Surrender or destruction of license. A license issued under this chapter must be surrendered to the director, an enforcement agent, or an employee of the board on demand if the director or board so orders. A license issued under this chapter must be surrendered not later than 10 days after the marijuana establishment loses or vacates the licensed premises. If a license is destroyed, the marijuana establishment shall promptly notify the board. (Eff. 2121/2016, Register 2171 1205 Case No. 17-010 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 205 of 349 AGENDA ITEM #9.A PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETINGMARCH 22, 2017 3 AAC 306.905 A fu AnemrtsrgU yr Coni: 3 AAC 306.920 Aathar. tr. AS 17,38.010 AS 17.38.131 AS 17.38.200 AS 17.38.070 AS 17.38.160 AS 17.38900 AS I7.3sJ21 AS 17.88.190 Article 9. General Provisions, Section Bretton 905. Pubtic rcmh8u 920. Iketh ur iimoeea 910. Rdu+nt WWII noutunns 990. D,ftold na 915. Exercise of authority 3 AAC 308.906. Public records. Marijuana establishment appli- cations are public records. The board may, at the request of any applicant, designate materials confidential if they (1) contain proprietary information including trade secrets; or (2) are required to be kept rna6dential by any federal or state law. (Eff. 2/21/2016, Register 217) Authority: AS 1738.010 AS 17.78.150 AS 1738.900 AS 17.38.070 AS 17.882110 AS 40.25.110 AS 17.38.121 3 AAC 309.910. Refusal to sell marijuana. Nothing in this chapter prohibits a licensure from refusing to sell marijuana or marl. juana products to any person unless that refusal is a violation of AS 18.80.210. (Eff. 2/21/2016, Register 217) Authority. AS 17.38.010 AS 17.38.160 AS 17.38.200 AS 17.38 m0 AS 17.38.190 AS 17 .1900 AS 17.38.121 3 AAC 306.916. Exercise of authority. Until a marijuana estab- lishment surrenders its license to the board, and an long as business is conducted under the license on the licensed premises, the person holding the license, whether an individual, a partnership, a limited liability company, a corporation, or a local government, is responsible and liable for the conduct of the business. Any individual exercising actual authority over the conduct of business on the licensed premises must be the holder of the marijuana establishment license, or an agent or employee of that person unless the bond has approved a transfer of the license to a different person. (Eff. 2/21/2016, Register 217) Authority. AS 1728.010 AS 17-38.160 AS 17.38.200 AS 17.88.070 AS 17.38.190 AS 17.38.900 AS 17.38.121 3 AAC 306.920. Death of licensee. (a) If an individual who is the sole licensee of a marijuana establishment dies, the marijuana estab- lishment shall cease operation. A personal representative appointed by the superior court for the estate of the deceased licensee may submit to the director a written request to reopen the business, along with a copy 1206 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chanters 3. 5. And 17 ... Pnnp 2na of ;Ao AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-0 P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.890 Coxxence, Cooatu , A.Nv Ec. De .. 3 AAC 306.990 of the court order appointing the personal representative. If the licensed marijuana establishment is in good standing, and the per. sonal representative is not n person prohibited from balding a marl. juana establishment license under AS 17.38.200(i), the director shall grant permission to the personal representative to operate the busi- ness an the licensed promises subject to (b) of this section. In this section, a marijuana establishment is in good standing if the mari. juana establishment (1) has a valid current license; (2) has paid all fees due under this chapter and all local taxes due; and (3) has no unresolved suspension or revocation proceedings against it (b) A personal representative authorized to operate a marijuana establishment under (a) of this section most submit an application for a transfer of ownership to another person in compliance with 3 AAC 306.045 not later than 90 days after obtaining the director's approval to operate. The board may extend the time allowed in this section for another 90 days if the personal representative requests the additional time. (c) This section does not authorize the transfer of a marijuana establishment license unless the board approves the personal repre- sentative's application for transfer of license to another person. (Eff. ?12112016, Register 217) Aatharitrt AS 17.39.010 AS 17.38.150 AS 179&200 AS 17.98.070 AS 1798.190 AS 17.98.900 AS 17.38.121 8 AAC 306.990. Definitions. (a) In AS 17.38 and this chapter, (1) "affiliate" means a person that directly or indirectly through one or more intermediaries controls, or is controlled by, or is under cemman central with, a partnership, limited liability company, or corporation subject to this chapter, (2) "assisting" does not include (A) using, displaying, purchasing, or transporting marijuana in excess of the amoant allowed in AS 17.38.020; (B)'possesning, grnwing, processing, or transporting marijuana plants in exress of the number allowed in AS 17.38.020; (C) (.mowing marijuana plants for another prrsnn in a place other than (i) that other person's primary residence; or (u) a garage, shed, or similar place under the other persons contrel; (3) "delivering" (A) means handing to a person who purchases the product on licensed promises only; 1207 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 207 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-0 P 8 Z REGULAR MEETING: MARCH 22, 2017 3IAAC 306.990 A�s,l AisnNixrrurrvs C+am 3 AAC 306.990 (B) does not Include transferring or transporting to a consumer off licensed premises; (4) "flnwering" means a marijuana plant that has visible crystals, buds, or flowers, or far which the exposure to light is scheduled with the intent to produce crystals, buds, or flowers; (5) `immature" means a marijuana plant with no visible crystals, buds, or flowers, and in which the exposure to light is scheduled with the intent to prevent formation of crystals, buds, or flowers; (6) "tin public" (A) means in a place to which the public or a substantial group of people has access; (B) except as provided in (C) of this paragraph, includes high- ways, transportation facilities, schools, places of amusement or business, parks, playgrounds, prisons, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence; (C) does not include an arta on the premises of a licensed retail marijuana atom designated for onsite consumption ander 3 AAC 306.305; (7) "personal cultivation" does not include (A) using, displaying, purnhaeing, or transporting marijuana in excess of the amount allowed in AS 17.38.020; (B) possesaing, growing, processing, or transporting marijuana plants in excess of the number allowed in AS 17.38.020; (C) growing marijuana plants for another person in a place other than (i) that other persun's primary residence; or (ii) a garage, shed, or similar place under the other peraons control; (8) 'possess" means having physical possession or control over Property; (9) "registration' means licensure or license; (10) "transport" or "transfer" means to deliver between licensed marijuana establishments as provided in 3 AAC 306.750. (b) In this chapter, unless the context requires otherwise, (1) "adulterated food or drink product" (A) means a product that is intended to he consumed orally and that existed without marijuana in a form ready for consumption before marijuana was added by any process; (B) does not include raw ingredients that ere combined with marijuana in a manufacturing process; (2) 'agent" (A) means a representative who is authoriud to act for a licea+ee, the board, or the director, (B) includes a contractor or subcontractor; (3) "batch" or "harvest batch" means a specifically identified quantity of plant trim, leaf, and other usable product from mari- 1208 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 208 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-0 P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.990 CmveracE, Commmm, oxo Ec. Drv. 3 AAC 306.990 junna plants that are uniform in strain, cultivated in one place and under the same conditions, using the same medium and agricultural chemicals including pesticides and fungicides, and harvested at the same time; (4) "bud and flower" means the hairy, sticky, or crystal -covered parts of mature female marijuana planta generally harvested for their high potency content; (5) "business day" means a day other than a Saturday, Sunday, or a state holiday, (6) "CBD" means cannabidial; (7) "CBDA means CBD Acid; (8) "CBN" means cannabinol; (9) "clones" or "cuttings" means small starter plants (A) shorter than eight inches tall; and (B) used to propagate marijuana planta; (10) "compensation" (A) means money, bartered objects or services, or anything else of value, whether given as payment or voluntarily as a donation, when accepted by a person who gives, distributes, or delivers marijuana to another, (B) includes a cover charge, a delivery charge, and a packaging charge; (11) "concentrate" or "amrjryana concentrate means resin, oil, wax, or any other substance produced by extracting or isolating cannabinoids, THC, or other components from a marijuana plant or from materials harvested from a marijuana plant; (12) "consumer" (A) means an individual who purchases and uses marijuana or a marijuana product; end (B) does not include a marijuana establishment that resells marijunna or incorporates nenrijuana into a manufactured prod- uct; (13) "contaminant" means one or more of the following: (A) hormful microbials, including Esclwrichia coli (E. coli), or Salmonella species; (B) residual solventF; (C) poisons or toxins; (D) hannfid chemicals, including pesticides; (E) dangemus molds, mildew, or filth; (14) "controlling interest" means ownership or control of (A) 50 percent or more of the ownembip interest or voting shares of a corporation; or (B) less than 50 percent if a person and family members jointly exert actual control as demonstrated by (i) making decisions for the corporation without independent participation of other owners; 60 exercising day-to-day control war the corporation's af- fairs: 1209 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 209 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING. MARCH 22, 2017 3 AAC 306.990 A1�ssn Auevntsra W. Cone. 3 AAC 306.990 (iii) disregarding formal legal requirements; Uv) using corporation fiords for personal expenses or invest- ments, or intermingling corporation finances with personal finances; or (v) taking other actions that indicate the corporation is a mere instrumentality of the individual; (15) "distribute" means spread out or pass out among several or many members of a group; (16) "edible" and "edible marijuana product" (A) means a marijuana product that is intended to be consumed orally, whether as food or drink; (B) does not include an adulterated food or drink product; (17) "extraction" or "marijuana extraction" means production of marijuana concentrate by any water-based, toad -based, or solvent. based method; (18) "homogenous" means a component or quality, such as THC, is spread evenly throughout the product, or can be found in equal amounts in each part of a multi -serving unit; (19) "individual" means a natural person; (20) "in-house testing" (A) means laboratory testing as provided in 3 AAC 306.635 and that does not meet the requirements of 3 AAC 306.645; (B) does not include consumption of any marijuana or mari- juana product on the licensed premises; (21) 'licensed" (A) means holding a current and valid license that the board has issued under this chapter; (B) dges not include holding s formerly valid license that has expired or that the board has suspended or revoked; (22) "licensee means each individual identified in 3 AAC 306.020 who must be listed in an application for a marijuana establishment license under this chapter; (23) 'licensed premises" means any or all designated portions of a building or structure, or rooms or enclosures in the building or structure, at the specific address for which a marijuana establish- ment license is issued, and used, controlled, or operated by the marijuana establishment to carry out the business for which it is licensed; (24) "lot"or"production lot" means a group armarquane products that were prepared at the same time from the same batch of marijuana, using the same recipe or process; (25) "marijuana" has the meaning given in AS 17.38.900; (26) "marijuana cultivation facility" has the meaning given in AS 17.38.900; (27) "marijuana infused product" (A) means a product that contains marijuana or marijuana concentrate and is intended for human use; 1210 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 210 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 22, 2017 3 AAC 306.990 COMMRcx, Coalnlunm; ave Ec. Dw.. 3 AAC 306.990 (B) does not include bud and flower marijuana; (28) "marijuana plant" means a living organism of the genus Cannabis capable of absorbing water and inorganic substances through its roots, and synthesizing nutrients in its leaves by photo- synthesis; (29) 'marijuaan product"bas the meaning given in AS 17.38.900; (30) "marijuana product manufacturing facility'" has the meaning given in 45 17.38.900; (31) "peace officer" has the meaning given in AS 01.10.060; (32) 'person" has the meaning given in AS 01.10.060; (33) "process"or "processing" means harvesting, curing, drying, or trimming of a marijuana plant; (34) "propagate" means to cause a marijuana plant to grow by planting clones or cuttings, and nurturing them into viable planta up to eight inches in height; (35) "recreation or youth center" means a building, structure, athletic playing field, or playground (A) run or created by a local government or the state to provide athletic, recreational, or leisure activities for persons under 21 years of age; or (B) operated by a public or private organization licensed to provide shelter, training, or guidance for persons under 21 yews of age; (36) "retail marijuana store" has the meaning given in AS 17.38.900; (37) "square feet under cultivation" (A) means an area of the licensed premises of a standard or limited marijuana cultivation facility that is used for growing marijuana, measured from the perimeter of the floor or growing apace for marijuana; (B) does not include a processing or storage area, an equipment storage area, an office, a hallway, or another area, if that area is not used for growing marijuana; (38) "THC" means tetrahydrocannabinol, the main psychoactive substance found in marijuana; (39) 'THCA means THC Acid; (40) "transaction" means one single occurrence in which mari- juana or a marijuana product not "reading the limits set out in 3 AAC 306.355 is passed from a licensed marijuana establishment to another person. (EB. 2/24/2015, Register 213; am 2121/2016. Register 217) 1211 Case No. 17-010 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 211 of 349 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-13 P 8 Z REGULAR MEETING'. MARCH 22, 2017 3 AAC 306.990 Au.5 A0MwvJ r vw Cnnr. 3 AAC 306.990 Authority: AS 17.38.010 AS 17.38.121 AS 17.38.200 AS 17.38.040 AS 17.38.150 AS 17.88.800 AS 17.38.070 Editor's at. Tho defividnn ar i. pub lie' eat out in 3 AAC 306.990a a wariRinally adopted m an cmageruyreeulatim with the denigration 3 AAC 804.99016), aad With an effective data o! Febmary 24, 2015. The emergency regulait appears u 3AAC 804.99IXb) b Register 213 (April 2015) and Mgiswr 214 Only 15). When U. emergency ragulation appeared u o ptt. naat regulation in Register 215(0c. talc 2015), the regulations attomey in aoordanm with AS 44.62.125(bXS) reaa- sfimed the provision to 3 AAC 306.560. The history of 3 AAC 306.990 re8etia the effective data or the Alcoholic Beverage Control Boo0s emergency adoption ofthe definitim of Yrs puhlic.' 1212 Case No. 17-018 Information Packet Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 212 of 349 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #9.A. Introduced by: CDD Director Drafted by: CDD Director Introduced on: 02/02/2017 Public Hearing Date: 02/1612017 Adopted on: 02/16/2017 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2016-17A AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH ORDINANCE NO. FY2016-17 TO EXTEND THE SUNSET DATE RELATING TO THE CURRENT REGULATION OF MARIJUANA BUSINESSES FROM FEBRUARY 28, 2017 TO APRIL 30, 2017 WHEREAS, the passage of Ballot Measure #2 in the 2014 State of Alaska Election has provided for the legalization of various marijuana -related activities on a specific timeline; and WHEREAS, AS 17.3B.110, "local control' in subsection (a) provides: "A local government may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or voter initiative'; and WHEREAS, the Kodiak Island Borough wishes to exercise the authority granted to it by AS 17.38.110(a) so as to prohibit to the broadest extent possible the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores within its borders; and WHEREAS, the Kodiak Island Borough formed a Marijuana Task Force through the adoption of Kodiak Island Borough Resolution No. FY2016-31; and WHEREAS, the Marijuana Task Force developed recommendations for regulating marijuana businesses in the Kodiak Island Borough; and WHEREAS, the Kodiak Island Borough is seeking input from municipal and tribal governments within the Borough; and WHEREAS, the incorporation of comments from municipal and tribal governments and additional review by the Planning and Zoning Commission and Borough Assembly will extend beyond the original sunset date of February 28, 2017; and WHEREAS, anew sunset date is needed for KIBC 5.02; and WHEREAS, language codified by Ordinance FY2016-17 as KIBC 5.02 will remain unchanged Kodiak Island Borough, Alaska Ordinance No. FY2016-17A Deletion — Red, Strikeout Page 1 of 2 Insertion — Said, Blue, Underlined Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 213 of 349 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 AGENDA ITEM #9.A. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The sunset date of February 28, 2017 established by Ordinance No. FY2016-17 Is hereby amended to April 30, 2017. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF FEBRUARY, 2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Crow, LeDoux, Smiley, Symmons, VanDaele Noes: Skinner, Townsend Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Nova M. Javier, MMC, Yerk Ordinance No. FY2016-17A Page 2 of 2 Version 1 Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 ... Page 214 of 349 AGENDA ITEM #13.6.1. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 20. 2017 a ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2017-02B Amending Resolution No. FY2017-02 Amending The Fees Of The Kodiak Island Borough. ORIGINATOR: Dora Cross RECOMMENDATION: Adopt Resolution No. FY2017-02B. DISCUSSION: Ordinance No. FY2017-27 allows for the regulation of marijuana businesses in the Kodiak Island Borough. The amended fee schedule is to adopt new license fees for those marijuana businesses. ALTERNATIVES: FISCAL IMPACT: Unknown OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2017-02B Amending Resolution No. FY2017-02 ... Page 215 of 349 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #13.6.1. Introduced by: Finance Director Drafted by: Finance Director Introduced on: 04/20/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2017-02B A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING RESOLUTION NO. FY 2017-02 AMENDING THE FEES OF THE KODIAK ISLAND BOROUGH WHEREAS, prudent financial management dictates that an organization review its fees on a least an annual basis; and WHEREAS, Kodiak Island Borough Code 3.10.190 ordains that all fees be reviewed on an annual basis; and WHEREAS, it is recognized that if a service or program benefits only a select individual or group of individuals, those individuals or group of individuals should pay for the service; and WHEREAS, staff has compiled a list of all current fees which was approved by Resolution No. FY2017-02 on June 16, 2016; and WHEREAS, the Assembly has amended Kodiak Island Borough Code Title 3, Title 5 and Title 17 with Ordinance FY2017-27 to allow marijuana businesses within the Kodiak Island Borough; and WHEREAS, this resolution adopts fees for those marijuana businesses; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that this amendment becomes effective upon adoption of this resolution. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska f_i1i111*19 Nova M. Javier, MMC, Clerk Resolution No. FY2017-02B Page 1 of 1 Resolution No. FY2017-02B Amending Resolution No. FY2017-02 ... Page 216 of 349 AGENDA ITEM #13.6.1. KODIAK ISLAND BOROUGH, ALASKA FEE SCHEDULE Effective: October 6, 2016 Contents Paae Miscellaneous Services 2 Title 3: Revenue and Finance 3 Title 5: Business Licenses 3 Title 6: Animals 3 Title 8: Health and Safety Solid Waste Collection and Disposal 4 Title 15: Building and Construction Building Permits 5 Electric Permits 5-6 Grading Permits 6 Plan Review 6 Plumbing 6 Other 7 Title 16: Subdivision 7 Title 17: Zoning 8 Title 18: Borough Real Property 8 Resolution No. FY2017-02B Amending Resolution No. FY2017-02 ... Page 217 of 349 AGENDA ITEM #13.6.1. MISCELLANEOUS SERVICES BAYSIDE FIRE STATION COMMUNITY TRAINING CENTER 1 Copy of Fire Reports $25.00 One-half of Training Center, per half day (1-6 hrs, max 49 people) $15.00 One-half of Training Center, per day (8-10 hrs, max 49 people) $25.00 Full Training Center, per half day (1-8 his, max 100 people) $30.00 Full Training Center, per day (8-10 hrs, max 100 people) $50.00 Refundable Cleaning Deposit $50.00 Notes Non-profit organizations and public safety agencies who do not charge a fee for the activity being conducted may apply for a waiver of Training Center use fees. BOROUGH CODE OF ORDINANCES Borough Code, Complete $200.00 Supplement Service (Annual Fee) $75.00 Title 15, complete first 20 pages free, $0.25 thereafter Title 16, complete first 20 pages free, $0.25 thereafter Title 17, complete first 20 pages free, $0.25 thereafter BOROUGH RECORDS 2007 Comprehensive Plan (bound copy) $100.00 Audio Recording CD $5.00 Audio Recording (saved on requester's thumb drive) no charge Audio Recording (sent by email) no charge Certified copies (does not include copy charges) $5.00 Copy, scan single file to CD or DVD, per disk (Includes large scale maps) $5.00 Copies, per page first 20 pages free, $0.25 thereafter Comprehensive Plans, paper $25.00 Electronically Reproduced Records (hard copy to electronic) no charge Electronically Produced/Provided Records (originally electronic) no charge GENERAL SERVICES Interest on Miscellaneous Delinquent Accounts 12% annually New/Trensfer Liquor License $1.00 per notice mailed Non -Filing or Late Filing Fee for Special Taxes (Severance and Bed) $50 per filing NSF Check Fee $25.00 Research Service, records recovery • First 5 hours fine/$40.00 per hr thereafter Research Service, data analysis Fee set at $40.00 per hr Wire Transfer Fee $25.00 Notes; ' KIBC 2.40.060 authorizes the setting of lees for compilation or creation or records (data analysis). The arbitrary amount of $40 per hour is an average of Clerk's Office staff hourly wage and benefits. KIBC 2.40.040 notes that we cannot exceed the actual salary and benefit cost for personnel time. KODIAK FISHERIES RESEARCH CENTER (KFRC) Main Lobby (upstairs/down - fee Includes large conference room) $250.00 Refundable cleaning deposit, main lobby $300,00 Large Conference Room $50.00 Refundable cleaning deposit, large conference mom $50.00 Small Conference Room $40.00 Refundable cleaning deposit, small conference mom $30.00 Notes: Non-profit organizations and public safety agencies who do not charge a fee for the activity being conducted in the facility may apply for a waiver of KFRC fees. REPRODUCTION AND MAPPING COSTS: GIS services (1/4 hr minimum) $60,00/hr Prints/Copies Bond $1.00 sq It Semi Gloss $2.00 sq It Mylar $3.00 sq ft 8.5 X 11 Inch first 20 pages free, $0.25 thereafter 11 X 17 Inch first 10 pages free, $0.50 thereafter Notes: No copying or commercial use, except for reference 3 of Resolution No. FY2017-02B Amending Resolution No. FY2017-02 ... Page 218 of 349 AGENDA ITEM #13.8.1. TITLE 3: REVENUE AND FINANCE SPECIAL ASSESSMENT AND PROPERTY TAX Foreclosure/Attorney Fee actual cost Publication Fee actual cost Redemption Certificates actual cost Interest 12% annually Penalty 10% one time charge TITLE 5: BUSINESS LICENSES Marijuana Cultivation Facilities - Limited $200.00 annually Cultivation Facilities - Standard $1,000.00 annually Manufacturing - Concentrate $200,00 annually Manufacturing - Product $1,000.00 annually Retail $1,000,00 annually Testing $200.00 annually TITLE 6: ANIMALS Animal Control Cruelty to Animals 1st offense mandatory court appearance 2nd offense mandatory court appearance 3rd offense mandatory court appearance Vicious Animals 1st offense mandatory court appearance 2nd offense mandatory court appearance 3rd offense mandatory court appearance Boarding Fees Small animals (dogs, cats, etc.), per day $5.00 Large animals (cows, horses, etc.), per day $50.00 License Fees Male Dog, per year $35.00 Female Dog, per year $35.00 Neuter and Spayed Dogs, per year $10.00 Duplicate Tag, each $5.00 Miscellaneous Fees Rabies Vaccinations Deposit (partially refundable) $20.00 Adoption (includes neuter or spay, rabies shot, license) actual cost 3 of Resolution No. FY2017-02B Amending Resolution No. FY2017-02 ... Page 219 of 349 AGENDA ITEM #13.6.1. TITLE 8: HEALTH AND SAFETY SOLID WASTE COLLECTION AND DISPOSAL Appliances Appliances Other, residential no charge Refrigerators/Freezers, residential $10.00 each Asbestos Disposal (must be delivered in compliance with applicable regulations) $200.00 minimum, $200.00/cy Batteries Lead Acid Batteries - residential no charge Lead Acid Batteries - commercial $6.00 per large, $3.00 per small Lithium Batteries $6.00 per large, $3.00 per small Cart Service Fee $25.00 per Incident Commercial Garbage $20.00 minimum, $258.00 /ton Construction/Demolition Debris (C&D) (residential over 500lb/commercial/ industrial nnstitutionaq $20.00 minimum, $258.00/ton Note: Any mixed construction loads that have greater than 10% metals will not be accepted. Fishing Gear- line, netting and web only $187.00 Equipment Usage to OB -Load Customer Waste $100,00/hour, $100.00 minimum Garbage Truck of Borough Collection Contractor $258.00 /ton Garbage Truck of United States Coast Guard Contractor $258.00 /ton Household Hazardous Waste 40 Ib limit per month no charge Greater Than 40 Has per month $1.0011b Marine Debris (does not Include line, netting and webbing - see Fishing Gear) Less than 1 cy no charge 1 to 10 cubic yards - Must comlate acceptance form at landfill. no charge Greater than 10 cubic yards: ADEC and KIB approval required before delivery. Line, netting, webbing, recyclables, and metal must be separated prior to delivery. $258.00 /ton Metals (Includes vehicles larger than we ton capacity) $275.00/ton ($0.1375/I1b) Mobile Homes/Recreational Vehicles (measured per longest dimension) See Note $30.004111 Oil Used Oil - commercial $3.00/gal Used Oil - residential - 5 gallons per month no charge Used Oil - residential - greater than 5 gallons per month $1.50/gal Residential Waste (by passenger automobile or pickup truck) This includes C&D, and household waste. Up to 500 lbs total per day (no metals) no charge 501 pounds or greater $258.00 /ton Tires - commercial $258.00 /ton Uncovered Loads - additional charge $35.00 Use of Scale to Obtain a Certified Weight $15.00 per ticket Vehicles (vehicles larger than one ton capacity will be charged at the metals rate) $475.00 per vehicle Waste Screenings $258.00 /ton NOTES: ' Governmental customers may be served by a private company by direct negotiation Porservice. Fees will be set, billed and collected by that company. ' Commercial and residential solid waste materials collected by the United States Coast Guard, or its representative, for disposal at the Kodiak Island Borough landfill will be charged at the time of disposal at the rate established in this fee schedule. The Kodiak Island Borough will invoice the United States Coast Guard for all or any portion of those fees charged, as agreed upon by the parties. Fees associated with other waste disposal options will be charged based on the applicable fee represented In this schedule. ' Companies conducting commercial, Industrial and Institutional demolition projects need to separate their waste into metal and non-metal loads. Mixed loads will not be accepted at the landfill. ' Metals received at the landfill In the Porn of tanks or cables must be prepared in an acceptable manner. Tanks must be drained of all fluids and wiped clean. Tanks under 500 gallons must have an 18" square hole cut into it and wiped clean. Tanks over 500 gallons must have one end cut off and wiped clean. Tanks 1, 000 gallons and greater must contact Engineedng/Facilify staff to discuss acceptable criteria. Fishing cable must be cut info 3' lengths. Other metal items must be cut into pieces no greater than 17' long, T wide and 5' high. They must be separated hom non-metal material (e.g., machinery with hoses or electrical components). ' Approved Thrift Stores will be allowed free disposal of self -hauled household residential waste of up to 1,000 IbsWeek. Disposal of large items (e.g., boats, trailers, constmctioNdemolidon debris and metals) will be charged at the same rate as shown /n this fee schedule. ' Commercial establishments, and/orsmal/ quantity generators, who generate hazardous waste must contact an environmental company to property dispose of their waste. ' All mobile homes or debris from mobile homes shall be cleared for asbestos and Lead based paint before acceptance. All materials must be separated into C&D, metal and recyclables prior to delivery. Definitions: Residential Waste -Waste generated from your home (for example, household garbage, bulky items such as furnishings and grass4awn clippings). It includes homeowner constmct/on/demolition waste but does not include metals. Commercial Waste - Institutional and industrial organizations or contractors and businesses conducting work for compensation and/or barter. safe Resolution No. FY2017-02B Amending Resolution No. FY2017-02 ... Page 220 of 349 AGENDA ITEM #13.6.1. TITLE 15: BUILDING AND CONSTRUCTION BUILDING PERMIT FEES I I Total Value Fees value = up to $500.00 $15.00 value = $500.01 -$2,000.00 $15.00 for the first $500 plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00 value = $2,000.01 - $25,000.00 $45.00 for the first $2,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and Including $25,000.00 value = $25,000.01 - $50,000.00 $252.00 for the first $25,000.00 plus $5.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 value = $50,000.01 - $100,000.00 $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and Including $100,000.00 value= $100,000.01 to $500,000.00 $539.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof, to and Including $500,000.00 value = $500,000.01 to $1,000,000.00 $2,039.50 for the first $500,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 value = $1,000,000.01 and up $3,539.50 for the first $1,000,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof New Construction of a single family residence or residence with an accessory building when Issued as an owner/builder is $150.00. Remodel of a single family residence when Issued as an owner/builder is valuation based with the maximum fee amount of $150.00. Notes. 1. Valuations for determination of permit fees will be based on contract prices or, in the absence of a contract price, the Building Valuation Data as published, by 1. C. S. 0. Building Standards 2. OwneUbuilder is defined as a person who is managing the construction or remodel of their own residence and the building permit must reflect the name or the owner. A These fees are waived for mobile homes relocated from Jackson's Mobile Home Park to other parcels allowed under zoning code. ELECTRIC PERMIT FEES ` The following schedule of fees shall apply to all electrical work for which a permit is required NEW CONSTRUCTION ELECTRICAL WORK Single Family and Duplexes: Temporary Work Service Permit $30.00 Residential Single Family - new $70.00 Duplex - new $100.00 Additional Wiring, remodeling residential only $30.00 ALL OTHER ELECTRICAL WORK Issuance of Permit $35.00 Each Fixture/Duplex Outlet/Individual Switch/Emergency Light $1.25 Electric Heat per k.w. Installed $1.00 Each Power Outlet $2.00 Electrical Service to 200 amps $20.00 Electrical Service over 200 amps $30.00 Each Area Floodlight, 1st light $20.00 Each Additional Floodlight $5.00 Generator per k.w. Output $1.00 Transformers 5 k.v.a. or above $5.00 Motor Connections, 15 hp and above $20.00 Transfer Switches - manual $5.00 Transfer Switches - automatic $10.00 Electrical Signs $20.00 Trailer Courts - each space $50.00 Each Additional - same permit $10.00 Temporary Services $5.00 Environmental Control Devices per Outlet/Unit $1.25 These fees are waived for mobile homes relocated from Jackson's Mobile Home Park to other parcels allowed under zoning code. 5 of Resolution No. FY2017-02B Amending Resolution No. FY2017-02 ... Page 221 of 349 AGENDA ITEM #13.6.1. TITLE 15: BUILDING AND CONSTRUCTION Coned ELECTRIC PERMIT FEES •tcanfdl ALL OTHER ELECTRICAL WORK Iconfd) The following schedule of fees shall apply to all electrical work for which a plan review is required: $0.00 - $500.00 $35.00 $501.00 - $1,000.00 $60.00 $1,001.00 - $2,000.00 $100.00 $2,001.00 - $3,000.00 $150.00 $3,001.00 - $4,000.00 $200.00 $4,001.00 - $6,000.00 $250.00 $8,001.00 - up $300.00 When extra Inspections are made necessary by reason of defective work, or otherwise through fault or error on the part of the holder of the permit, or on the part of the permit holder's official setting forth the violation, only one such extra Inspection shall be made under the regular fees as herein prescribed. For each further extra Inspection for which the holder of the per ill or employee is entirely responsible, fees shall be charged as follows: Note: The building department shall allow for correction of such work, a maximum of ten working days following the date or inspection First Inspection $40.00 Second Inspection $50.00 Each Additional Inspection $60.00 Electric Permits After Work has Started 2 x the published amount These fees are waived for mobile homes relocated from Jackson's Mobile Home Park to other parcels allowed under zoning code. GRADING PERMIT FEES: 50 cubic yards $23.50 51 to 100 C.Y. $37.00 101 to 1,000 0.y. $37.00 for tat 100 cy + $17.50 for as additional 100 cy 1,001 to 10,000 C.Y. $184.50 for tat 1,000 cy+ $14.50 for as additional 1,000 cy 10,001 to 100,000 C.Y. $325.00 for 1 st 10,000 cy + $66.00 for as additional 10,000 cy 100,001 0.y. or more $919.00 for 1 at 100,000 cy + $36.50 for as add 10,000 cy Noe: The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fees paid for the original permit and the fee shown for the entire project. PLAN REVIEW FEES Commercial 65% of the building permit fee Residential non -engineered 50% of the building permit fee Residential engineered 20% of the building permit fee Notes: L Valuations for determination of permit fees will be based on contract prices or, in the absence of a contract price, the Building Valuation Data as published, by I. C. B. 0. Building Standards PLUMBING PERMIT FEES: Additional Plumbing Remodeling - residential only $30.00 Single Family and Duplexes (base fee): New Duplex $100.00 New Residential Single Family $70.00 Plus the Following Additional Charges: Each Plumbing Fixture $7.00 Each Gas Outlet $5.00 Each Water Heater and Hot Water Boller (per 1.000 btu) $0.20 Automatic Sprinkler Systems (per head) $1.50 Plumbing Alteration Work (per outlet) $7.00 All Other Plumbing Work $35.00 Plumbing Permits After Work has Started 2 x the published amount • These fees are waived for mobile homes relocated from Jackson's Mobile Home Park to other parcels allowed under zoning code. 6ofa Resolution No. FY2017-02B Amending Resolution No. FY2017-02 ... Page 222 of 349 AGENDA ITEM #13.8.1. TITLE 15: BUILDING AND CONSTRUCTION ICont'a OTHER FEES: Additional Plan Review Required by Changes, additions or revision to approved plans $50.00/hr Appeals and Exceptions $350.00 Building Demolition Fee $40.00 Driveway Permit Fee, (no fee when Included w/bldg permit) $25.00 Inspections Which No Fee is Specifically Indicated $40.00/hr Inspections Outside Normal Business Hours (per hour, 2 hr min) $70.00 Reinspection Fees Assessed Under Provisions of Section 305G $40.00/hr Right of Way (ROW) Permit for Driveway Access $100.00 TITLE 16: SUBDIVISIONS SUBDIVISION FEES Abbreviated/Aliquot Part Plats $300.00 Appeal to Assembly $200.00 Appeal to Commission $200.00 Appeal Record Copy, per page first 20 pages free, $0.25 thereafter Review of P&ZC Decision $75.00 Vacations $350.00 Inspection Services - General Personnel Costs - strait time $40.00/hr Personnel Costs - over time $56.00/hr Personnel Costs - double time $72.00/hr Vehicle - hours $1.70Ihr Vehicle - mileage $0.30/ml Vehicle - administrative fee 10% Inspection Services - Subdivision: Road and Utility Improvement (per lineal ft) Improvements for 1 to 12 lots $3.50N Improvements for 13 lots and more $2.00/If Materials Approval Services: First Submittal $200.00 Subsequent Reviews $60.00 Plan Review Services: Additional Improvement Plan Reviews $100.00 Improvement Plan Review actual cost Initial and Final Plan $200.00 Site Grading Plan Review $250.00 Preliminary Plats Creating: 1 to 12 lots $350.00 13 to 50 lots $350.00 + $20.00 for each additional lot over 12 Over 50 lots $1,110.00 + $15.00 for each additional lot over 50 Waivers $75.00 708 Resolution No. FY2017-02B Amending Resolution No. FY2017-02 ... Page 223 of 349 AGENDA ITEM #13.6.1. TITLE 17: ZONING " After the fact Zoning Compliance Permits 2 x the published amount Appeal to Board of Adjustment $350.00 Appeal to Commission 35000 Appeal Record Copy, per page first 20 pages free, $0.25 thereafter Conditional Use Permit $250.00 Other P&Z Screening Approval $150.00 Postponement at Petitioner's Request - public hearing item $100.00 Postponement at Petitioner's Request - non-public hearing item 525.00 Review of P&ZC Decision $150.00 Variance $250.00 Zoning Change Permit: Less than 1.75 acres $350.00 1.76 to 5.00 acres $750.00 5.01 to 40.00 acres $1,000.00 40.01 acres or more $1,500.00 Zoning Compliance Permit Less than 1.75 acres $30.00 1.76 to 5.00 acres $60.00 5.01 to 40.00 acres $90.00 40.01 acres or more $120,00 ' These fees are waived for mobile homes relocated from Jackson's Mobile Home Park to other parcels allowed under Zoning code. TITLE 18: BOROUGH REAL PROPERTY Land Disposal Application $350.00 Land Use Permits - temporary KIBC 18.50.010.8 $250.00 Land Use Permits - annually KIBC 18.50.010.0 $1,200.00 Material Sales , royalty fee per cubic yard - annually $2.00 Wood Cutting Pernik - Chiniak area - annually Free with signed liability waiver Wood Cutting Permits - specified areas other than Chiniak - 30 days $25.00 B of Resolution No. FY2017-02B Amending Resolution No. FY2017-02 ... Page 224 of 349 AGENDA ITEM #13.B.2. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 20, 2017 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2017-32 Implementing A Local Policy To Govern The Use Of Cellular Phones Of Elected Officials During Public Meetings. ORIGINATOR: Scott Smiley RECOMMENDATION: Adopt Resolution No. FY2017-32. DISCUSSION: Assembly member Scott Smiley requested on January 30, 2017 that a resolution be adopted that would implement a policy regarding Elected Officials use of cell phone during public meetings. Other municipalities have adopted similar policies, see attached. This resolution also raises awareness that electronic communications during meetings may be discoverable under the Freedom of Information Act (FOIA). Please see attached article in the packet. The California Supreme Court recently ruled that communications about the public's business are public records regardless of where they are. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: In lieu of this topic, the Assembly may want to consider adopting a resolution that would establish a policies and procedures manual for the governing body. Having a separate manual adopted by resolution and referenced in the code would be beneficial in keeping track of various business practices. It is also more efficient to amend the policies and procedures via resolution as opposed to an ordinance which requires an introduction and a public hearing. Kodiak Island Borough Resolution No. FY2017-32 Implementing A Local Policy To Gove... Page 225 of 349 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 DRAFT I FOR ASSEMBLY REVIEW AGENDA ITEM #13.8.2. Introduced by: Assembly Member Smiley Drafted by: Borough Clerk Introduced on: 04/20/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2017-32 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH IMPLEMENTING A LOCAL POLICY TO GOVERN THE USE OF CELLULAR PHONES OF ELECTED OFFICIALS DURING PUBLIC MEETINGS WHEREAS, it is important to adopt a local policy, stating acceptable boundaries for mobile device usage during a public meeting; and WHEREAS, electronic communications of elected officials that relate to borough business are public records subject to the Freedom of Information Act, regardless of how the communications are sent; and WHEREAS, KIBC 2.30.080 (D) states that when an assembly member is speaking, the assembly shall be in order and no private conversations shall be carried on; and WHEREAS, it is important for governing officials to give undivided attention to speakers during a public meeting; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that during public meetings; the Borough Mayor and Assembly shall turn their mobile phones to the Airplane Mode; and BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that this local policy shall be included in the policies and procedures of the Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2017. KODIAK ISLAND BOROUGH ATTEST Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Nova M. Javier, MMC, Clerk Resolution No. FY2017-32 Page 1 of 1 Resolution No. FY2017-32 Implementing A Local Policy To Gove... Page 226 of 349 AGENDA ITEM #13.6.2. KODIAK ISLAND BOROUGH ASSEMBLY AGENDA ITEM REQUEST FORM Date Submitted: I () n Assembly member: �>.l177 c 1 State the item you wish to have placed on the agenda AND submit any applicable documents with thio fnrm State the desired action of the Resolution No. FY2017-32 Implementing A Local Policy To Gove... Page 227 of 349 Below are the adopted powers of the Kodiak Island Borough. Which adopted power does this subject fits under? MANDATORY POWERS H. Parks and Recreation (non area -wide, outside Education cities) General Administration and Finance I. Economic Development (non area -wide, C. Tax Assessment and Collection outside cities) D. Planning and Zoning J. Animal Control (non area -wide, outside cities) K. Fre Protection and First Responder ADOPTED POWERS Emergency Medical Services (service areas) E. Emergency Services Planning L. Road Maintenance and Construction (service F. Community Health (restricted area -wide) areas) G. Solid Waste Collection and Disposal M. Street Lighting (service areas) (non area -wide, on the road system) For Staff Use: Received date: Distributed to: Mayor _LZDPOManager Discussed at the agenda setting on: Approved and scheduled on: WS Date: RM Date: Notes: Resolution No. FY2017-32 Implementing A Local Policy To Gove... Page 227 of 349 Released under FOIA ® Thursday, November 17, 2011 i _'uhe Tappendorf UPDATE Botha circuit court and appellate court upheld the PAC ruling that the cell phone records were releasable under FOIA. You can read about the circuit court ruling .'e: a and the appellate courtruhnghere Ina binding cp_nion dated November 15, 2011, the Illinois Attorney General determined that the City of Champaign violated the Illinois Freedom of Information Act when it partially denied a request for text messages sent between city council members on their personal cellphones during city council meetings A news reporter had filed a FOIA request for all electronic communications, including cell phone text messages on city -issued and personal cell phones, city -issued and personal email addresses, and Twitter accounts The city approved the request in pari by releasing those records that were in the city's possession, including communications that *passed through' city equipment. However, the city denied the request for emails, text messages, and other electronic communications on city council members' private computers or cell phones The city's justification for the denial was that these communications were not 'public records' under FOIA. The reporter appealed the city's decision to the Public Access Counselor's (PAC) office of the Attorney General. The PAC's analysis turned on 'what is a public record?' The PAC first determined that electronic communications that do not relate to city business (such as messages regarding personal meetings or family matters) are not public records subject to FOIA, whether those communications are sent via city -owned equipment or personal equipment The PAC next determined that electronic communications by public officials that relate to city business are public records subject to FOIA, regardless of how the communications are sent In this case, the PAC determined that the city violated the Act by not providing text messages and emails between city council members that pertained to city business, even if the communications were created on private equipment that the city had no control over The city was ordered to furnish copies of the records to the reporter This opinion raises a number of interesting issues for public bodies and officials First, the statute that authorizes the PAC to issue binding opinions on FOIA matters states that the opinion is binding on the requestor and the public body The statute is silent as to whether a binding opinion creates any precedent, raising the question whether this particular opinion would apply to other governmental bodies Of course, even if the opinion were not binding precedent similar to an appellate court decision, in all likelihood, the PAC would take the same position if faced with similar circumstances in another community The next question is whether the retention obligations under the Local Records Act are also triggered for these records, meaning that local governments would have to maintain and retain these electronic communications unless pernussnon is granted to destroy them? That raises a more practical issue how can a local governmental entity respond to a FOIA request within the statutory time frame when the records being requested are not under the control of the government body? A related question is how can a local government meet its retention obligations under the Local Records Act where it has no control or possession over the records? Although this opinion is binding only on the City of Champaign and the reporter who requested the records, public bodies and officials need to be aware of the position being taken by the PAC with respect to electronic communications Local officials who use their personal cell phones, computers, tablets, and other electronic devices to communicate on government business should be advised that their communications may be subject to FOIA, even if they do not 'pass through' city equipment. Local governments may need to consider implementing local policies to govern the use of personal equipment for communications about government business consistent with the PAC's opinion AGENDA ITEM #13.B.2. City of Seward (Included In their City Council Rules of Procedure and their Mobile Device Use policy) Except in an emergency, users shall not use email, instant messaging, text messaging, or similar forms of electronic communications at any time during a meeting of the City Council. Users shall not use a city - issued mobile device in any way as to violate the Open Meetings Act requirements of the State of Alaska. City of Kodiak (in their standing rules) "Cell phones must be turned off or muted during regular and special meetings. A member cannot leave the chambers to answer a cell phone unless a recess has been called." City of Valdez (Understanding of Mayor and Council) Council members turn them off or put them on vibrate, and they do not text or take calls during the meeting. If there is an emergency a member can ask through the Chair (Mayor) for a break. If it becomes a problem in the future, on amendment will be proposed to include procedures to the Council's policies and procedures to address the proper protocol. Resolution No. FY2017-32 Implementing A Local Policy To Gove... Page 229 of 349 AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH STAFF REPORT l APRIL 20. 2017 ._ ASSEMBLY REGULAR MEETING 011 e 46- `hf { SUBJECT: Ordinance No. FY2017-01A Amending Ordinance No. FY2017-01, Fiscal Year 2017 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. ORIGINATOR: Dora Cross RECOMMENDATION: Adopt Ordinance No. FY2017-01A in first reading to advance to public hearing at the next regular meeting of the Assembly. DISCUSSION: This budget adjustments accounts for the following: • Increase Fund 100 — General Fund use of fund balance by $985,872 to pay for expenditures in Fund 300 — Debt Service related to the Governor's Veto which reduced State reimbursements by 25% • Increase Fund 100 — General Fund use of fund balance by $305,000 to repay Fund 540 — Hospital Facilities for net fund transfers that occurred in 2004 & 2009 • Increase Fund 210 — Land Sales use of fund balance by $650,000 to repay Fund 540 — Hospital Facilities for net fund transfers that occurred in 2004 • Increase Fund 100 — Legislative expenditures by $5,425 due to failure to pass an ordinance reducing assembly stipends • Decrease Fund 220 — Building and Grounds revenues, by $16,470 due to waiving rent payment requirement for non -profits occupying the Borough's Annex building • Increase Fund 240 — Womens Bay Road Service expenditures by $50,000 to be used to complete unanticipated repairs • Increase Fund 277 — Tourism Development use of fund balance by $15,000 for additional expenditures related to a contract with Discover Kodiak • Increase Fund 290 — Fern Fuller Trust use of fund balance by $67,872 to pay Fund 540 — Hospital Facilities for equipment payments • Decease Fund 300 — State Debt Reimbursement revenues by $1,686,147 for the Governor's Veto which reduced State reimbursements by 25% and for anticipated bond sales that did not occur • Increase Fund 530 — Municipal Solid Waste Collection and Disposal use of fund balance by $600,000 for planned R&R projects to replace roofing and siding of the Baler building • Reallocate Capital Project Fund 47 - reallocate $101,341 of excess funds from the Roofing Replacement project to the Playground Replacement project. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2017-01 A Amending Ordinance No. FY2017-01, F... Page 230 of 349 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AGENDA ITEM #13.C.1. Introduced by: Borough Manager Drafted by: Finance Director Introduced on: 04/20/2017 Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-01A AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING ORDINANCE NO. FY2017-01, FISCAL YEAR 2017 BUDGET, BY AMENDING BUDGETS TO ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDING FOR ADDITIONAL EXPENDITURES AND MOVING FUNDS BETWEEN PROJECTS. WHEREAS, increase Fund 100 — General Fund use of fund balance by $985,872 to pay for expenditures in Fund 300 — Debt Service related to the Governor's Veto which reduced State reimbursements by 25%; and WHEREAS, increase Fund 100 — General Fund use of fund balance by $305,000 to repay Fund 540 — Hospital Facilities for net fund transfers that occurred in 2004 & 2009; and WHEREAS, increase Fund 210 —Land Sales use of fund balance by $650,000 to repay Fund 540 — Hospital Facilities for net fund transfers that occurred in 2004; and WHEREAS, increase Fund 100 — Legislative expenditures by $5,425 due to failure to pass an ordinance reducing assembly stipends; and WHEREAS, decrease Fund 220 — Building and Grounds revenues, by $16,470 due to waiving rent payment requirement for non -profits occupying the Borough's Annex building; and WHEREAS, increase Fund 240 — Womens Bay Road Service expenditures by $50,000 to be used to complete unanticipated repairs; and WHEREAS, increase Fund 277 — Tourism Development use of fund balance by $15,000 for additional expenditures related to a contract with Discover Kodiak; and WHEREAS, increase Fund 290 — Fern Fuller Trust use of fund balance by $67,872 to pay Fund 540 — Hospital Facilities for equipment payments; and WHEREAS, decease Fund 300 — State Debt Reimbursement revenues by $1,686,147 for the Governor's Veto which reduced State reimbursements by 25% and for anticipated bond sales that did not occur, and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-01A Page 1 of 2 Version 1 Ordinance No. FY2017-01AAmend ing Ordinance No. FY2017-01, F... Page 231 of 349 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 AGENDA ITEM #13.C.1. WHEREAS, increase Fund 530 — Municipal Solid Waste Collection and Disposal use of fund balance by $600,000 for planned R&R projects to replace roofing and siding of the Baler building; and WHEREAS, Capital Project Fund 470, reallocate $101,341 of excess funds from the Roofing Replacement project to the Playground Replacement project. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The FY2017 budget will be amended per the attached schedule. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Nova M. Javier, MMC, Clerk Ordinance No. FY2017-01A Page 2 of 2 Version 1 Ordinance No. FY2017-01AAmend ing Ordinance No. FY2017-01, F... Page 232 of 349 AGENDA ITEM #13.C.1. Mid -Year Budget Amendment 2017-01(A) As of Budget Adopted Budget 3/31/2017 Balance Adjustments Revised Budget Fund 100 General Fund Revenues. Real Property Tax 175,383 175,145 238 175,383 Personal Property Tax 21,487 21,577 (110) 21,467 Nan ad Valorem Taxes 28,000 28,436 (436) 26,000 Payment In Lieu of Taxes 1,332,000 31,579 1,300,421 1,332,000 Severance Taxes 1,738,900 682,144 1,055,856 1,738,000 Penalties & Int on Tex 153,410 181,619 (28,208) 153,410 Licenses and Pernik 68,000 55,606 10,384 66,000 Federal Shared Revenue 150,080 - 150,080 150,080 Slate Shared Revenue 2,488,307 1,781,860 884,447 2,468,307 Animal Control -435 (438) 0 Investment Earnings 58,177 7,451 50,728 58,177 Other 14,500 2,464 12,038 14,500 Sale of Fixed Assets 0 Use of (und Balance Transfer In Total 6,201,324 2,968,318 3,235,006 1,296,297 7,497,621 C xpnndnwes Porough Assembly 162,123 109,499 52,624 5,425 Borough Manager 571,222 356,691 212,531 571,222 Borough Clerk 552,058 397,689 154,359 552,058 Borough Attorney 184,000 53,183 110,837 164,000 Finance Department 947,781 507,716 440,045 947,761 Information Technology Department 915,880 559,246 356,634 915,880 Assessing Department 781,228 519,872 261,354 781,228 Englneefing/Fedlities Dept 178,695 239,472 (62,777) 176,695 Community Development 957,070 576,255 380,815 957,070 Building Official 185,263 61,816 103,447 185,263 Economic Development 35,500 13,800 21,800 35,500 General Administration 208,814 155,898 52,716 208,814 Perks and Recreation 41,140 24,142 16,988 41,140 Emergency Preparedness 58,157 27,129 32,028 59,157 Animal Control 109,415 109,415 - 109,415 Education, Cullum and Recreation 24,200 15,979 8,221 24,200 College and Libraries 96,000 96,000 - 96,000 Nan -Profit Funding 234,000 233,899 1 234,000 Total 6,201,324 4,059,592 2,141,732 1,296,297 7,497,821 Fu g I Fund Revenues Transfers in - - - 0 Interest Earnings 5,000 1,772 3,228 5,000 Use of Fund Balance 0 Total Revenues 781,278 585,552 215,726 (18,470) 764,808 Expenditures MHC Apartments 18,500 8,581 9,819 16,500 School Buildings Major Repairs 55,000 7,113 47,887 55,000 Chlnlek School - 535 (535) 0 Venous Buildings - 3,488 (3,488) 0 Project Office Expenses - 14,994 (14,994) 0 Long Term Care Facility 0 Total Expenditures 781,278 385,408 395,870 (18,470) 784,808 Ordinance No. FY2017-01AAmending Ordinance No. FY2017-01, F... Page 233 of 349 AGENDA ITEM #13.C.1. Mid -Year Budget Amendment Fund 540 Hospital Enterprise Fund 2017-D3)A) i Revenues: As of Interest Earnings Budget 10,257 132,326 - Adopted Budget 3/31/2017 Balance Adjustments Revised Budget Fund 240 Worsens Bay Road Service Providence Hospital Lease 720,000 540,000 180,000 - 720,000 Revenues 217000 223,000 (6.000) W,000 26!Iww Expenditures 217,000 238,137 (21,137) 90,000 267,000, Fund 277 Tourism Development Total Revenues 2,253,841 1,479,632 Revenues 142,900 105,331 37,56975,000 157 Expenditures 142.900 130,771 12,129 15.000 1film Fund 290 Earn Fuller Trust 2,253.841 519,839 1,734,002 1,022,872 3,276,713 Fund 470 Capital projects Revenues 66.500 334 66,166 67.872 1 Expenditures 66,500 - 66,500 67,872 7 Fund 300 Debt Service 2,000,000 Proceeds from 2016 Bond Issue 6,000,000 6,000,000 - Revenues Additional Bond Issues 2,230,000 2230,000 2,230,000 Properly taxes 2.506560 2.504,651 1,917 10,230,000 2,506,568 State Debt Reimbursement 5,328,029 3,144,040 2.183,989 ,6,6147) 3,64im Interest Earnings 2000, (603) 2.603 ____(I6`8 2000, Proceeds of Bond Issues 1,592,841 - 813,498 570,805 0 Old- ------- -------- _. 1,019,428 218,742 - 985,6721 Facilities Fund 2,035,193 116,840 1,918,353 - 2,035,193 0 Total Revenues 7,836,597 5,648,082 2,188,515 (700,275) 7,136,322 Fund 630 Solid Waste Collection/Disposal Revenues _Expenditures Fund 540 Hospital Enterprise Fund Revenues: Interest Earnings 142,583 10,257 132,326 - 142,583 Long Term Care Center Lease 1,227,800 929,376 298,424 - 1,227,800 Providence Hospital Lease 720,000 540,000 180,000 - 720,000 Premium on Bonds 0 RrensfeNn from Fem Fuller m..11 Total Revenues 2,253,841 1,479,632 774,209 1,022,872 3,278,713 Expenditures and Transfers: 1' Total Expenditures 2,253.841 519,839 1,734,002 1,022,872 3,276,713 Fund 470 Capital projects Revenues Proceeds from 2015 Bond Issue 2,000,000 2,000,000 - 2,000,000 Proceeds from 2016 Bond Issue 6,000,000 6,000,000 - 6,000,000 Additional Bond Issues 2,230,000 2230,000 2,230,000 Total Revenues 10,230,000 8,000,000 2,230,000 10,230,000 Projects 1367,248 822368 544,680 15004 East Elementary School Renovation DR 15-104 1,592,841 73,902 1,518,939 - 1,592,841 15005 Flooding Replacement - Main and Peterson DR 15-105 813,498 570,805 242.693 - 813,498 15006 Peterson Elementary Boilers and Controls DR 15-106 1,019,428 B00,688 218,742 - 1,019,428 15007 KMS Fire Alarm, HVAC, 8 Elevator Controls DR 15-107 2,035,193 116,840 1,918,353 - 2,035,193 15008 Placing Replacement- Akhiok,Keduk,Ouxinkie DR 15.108 383,489 19,343 364,148 - 383,489 15009 Paving and UST Repalcement DR 15-09 1,797,829 1,797,628 1,797,829 15011 UST Replacement -Mein, Old Herbor,Pod Lions DR 15-111 552,375 552,375 552,375 Total Expenditures 10,230,000 2,607,748 7,822,254 - 10,230,000 Ordinance No. FY2017-01AAmending Ordinance No. FY2017-01, F... Page 234 of 349 THE STATE 'ALASKA August 8, 2016 GOVERNOR BILL WALKER Dora Cross Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Ms. Cross: AGENDA ITEM #13.C.1. Department of Education & Early Development SCHOOL FINANCE/ FACILITIES 901 west 10° Sacet, suite 200 P.0 Snx 110500 hmems, AWke 99811.0500 Pham. 907A65.8683 rax. 907,163.5279 Email mnidith5mnm3almkagov On June 29th, Governor Walker announced a reduction of 25% to the FY2017 school debt reimbursement program. The procedures in our office will remain the same for reimbursement request submissions, with the exception of reducing the reimbursement amounts by 25%. The department wants to ensure that everyone is informed of this reduction. Should you have internal tracking methods for what the borough will receive from this program, you will want to include the 25% reduction in that calculation. If you have any questions, please do not hesitate to contact me by phone at 907465-8683 or through email at meridith.bomaa&alaska gov Sincerely, Iu.wwkw(A' Meridith Boman School Finance Specialist Ordinance No. FY2017-01AAmending Ordinance No. FY2017-01, F... Page 235 of 349 AGENDA ITEM #13.C.2. KODIAK ISLAND BOROUGH STAFF REPORT " APRIL 20, 2017 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2018-01 Levying Taxes On All Taxable Real And Personal Property Within The Kodiak Island Borough For All The Expenses And Liabilities Of The Kodiak Island Borough For The Fiscal Year Commencing On The First Day Of July 2017 And Ending On The Thirtieth Day Of June 2018 (Fiscal Year 2018 Budget). ORIGINATOR: Michael Powers RECOMMENDATION: Adopt Ordinance No. FY2018-01 in first reading to advance to public hearing at the next regular meeting of the Assembly. DISCUSSION: This agenda item and description will serve as the official transmission of the Manager's Budget to the Assembly pursuant to Kodiak Island Borough Code (KIBC) 3.15.030. The proposed budget for this year considers the various policy directives codified in Title 3 of the KIBC. Operating Budget: There are no changes in the levels or types of services. There are two areas of changes in staffing to more efficiently provide for the operations of the Borough that result in the elimination of two positions and the creation of a new title and job description, but the number of positions is unchanged. Specifically, it is proposed to eliminate Maintenance Coordinator and Environmental Specialist positions in the Engineering and Facilities Department, and create an Assistant Director position. The second change would be to add a full time Secretary position in the Borough Manager's Department. This would address the problems of not having adequate administrative assistance available for the Manager, as well as the lack of adequate staffing for Human Resource functions. The remainder of the Operating Budget (General Fund, Enterprise Fund, Special Revenue accounts (non -school district) reflect the current level of services and existing agreements and proposed operating practices including contractual services for legal services, building permitting services, animal control, snow plowing and other "public works" functions. Operating costs continue to rise due to a variety of factors including approved labor agreements, material and supply costs and other factors. Labor is the largest component of the budget. Services are provided by people (employees), not by buildings or equipment (although both are necessary as part of providing services). If you reduce employees, less work gets done. As we have seen with a number of items, and most recently the hospital, cutting staff and not managing leases have significant long term negative impacts that then require additional expenses to correct. Staff has limited the proposed expenses; however there are deferred items that have both operational and capital costs that should not be further deferred. In regard to revenue, the majority of funds used to operate the General Fund come from the Kodiak Island Borough Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 236 of 349 AGENDA ITEM #13.C.2. KODIAK ISLAND BOROUGH STAFF REPORT f APRIL 20, 2017 ASSEMBLY REGULAR MEETING State and Federal governments. As is typical, both levels of government are looking at reducing funding to the local level. The budget reflects these reduced levels. At the local level, the severance tax provides the bulk of the funding currently to the General Fund. The current mill rate provides less than $150,000 annually. Fees and charges for services make up another small portion, neither of which covers the actual expense of the services provided (in other words, the General Fund subsidizes the Planning and Building Department). If fees for Planning and Building were charged at their actual costs, those fees would have to go up significantly. In the proposed budget, a mixture of mill rate increases and excise taxes are proposed. Specifically, the current mill rate for Borough operating expense (General Fund) is recommended to increase from .15 mills to 1.16 mills. In addition, taxes for cigarettes and tobacco products are proposed to be initiated at a rate of $1.00 per pack (and equivalent for other tobacco/nicotine products). A higher rate for tobacco may be considered, however the literature strongly suggests that higher taxes result in significant tax avoidance efforts. Lastly, it is recommended that the Borough consider a charter boat "per box" tax (Fish box tax). The last two items will require implementation and will result in only partial collection in FY18. Other potential taxes explored include an alcohol tax (would generally require a sales tax), a keel tax, gross receipts tax and sales tax. Funding for non -profits also need to be considered. It is recommended that we implement 3 year agreements with the 5 largest non -profits and make 8 smaller ($5,000 or less) available for other non -profits. The funding agreements would decrease over time. (See attached.) Enterprise Funds Hospital: It is proposed that the Long Term Care Center facility be moved into a separate enterprise fund. The proposed change to the Hospital Fund reflects the anticipated new lease. Long Term Care Facility: It is proposed that the Long Term Care Center facility be moved into a separate enterprise fund. The proposed fund reflects the agreement in place. Solid Waste: The solid waste budget reflects the change in debt service for the loans associated with the Leachate Treatment Plant. Staff will return a with a separate item to discuss and approve rates. Other Special Revenue Funds: We are awaiting several budgets from Service Districts. Debt Service: The most significant debt service item is for the high school, which was approved by the voters. This was predicated upon the fact that the debt would be collected from a levy on property. Said another way, they approved incurring the debt and the obligation to repay the Kodiak Island Borough Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 237 of 349 AGENDA ITEM #13.C.2. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 20. 2017 ASSEMBLY REGULAR MEETING debt and a mill rate for this specific component. The State has traditionally provided 70% of the funding needed for debt service, but changed that level in the FYI 7, but that in no way changes the obligation of needing to repay the debt. The proposed budget includes a mill rate to repay the General Fund but does NOT anticipate the State lowering the debt reimbursement for FY2018. Capital Program: The Capital Program contained in the budget addresses three major areas (Information Technology, Parks and Tsunami Sirens) as well as some smaller capital items related to the work place (desks and related office equipment). The Borough has deferred upgrading to Windows 10 but has software programs that are making/have made the switch and compatibility issues are occurring. A number of park equipment have been identified as needing replacement due to failures of the equipment, which presents a liability problem. Consider the Manager's Budget and Capital Projects and provide direction. ALTERNATIVES: While it is always popular to suggest making cuts, that is a policy decision for the Assembly to make. All cuts have repercussions. If the Assembly wishes to maintain the current level of services and staff support, additional revenue will need to be addressed with is included in the recommended budget transmitted with this item. If the Assembly wishes to reduce services in the General Fund, direction is needed by the Assembly. Some of the "easier" cuts would be: • Eliminate/Significantly reduce travel and training • "Go paperless" for the Assembly and all committees and commissions except where required by law. • Eliminate stipends for the Assembly and Planning and Zoning Commission. • Do not provide a full time secretary for the Borough Manager. • Eliminate/Reduce Capital Outlays • Eliminate/Reduce Non -Profit funding. While these cuts reduce operating costs, they would not reduce it to the funds available level, additional revenue would be necessary. In order to reduce the General Fund to revenue available funds ($4.8M); one option would be to outsource various functions. We have looked at the following outsourcing solutions: • Animal Control ($109,000) - Outsourcing sounds good, however the reality is that a contractor would have to provide their own vehicle, equipment, labor costs (would require two people), communications, liability and health insurance, retirement, depreciation and other costs (animal 'storage'). This does not seem to be a lucrative proposition given the costs involved and the desire to save money. Further, we previously contacted the Humane Society, who was not interested in undertaking this service. • Attorney Services ($215,500) -We could set limits on the current agreement that would reduce overall costs but would impact various issues, including disputes. Kodiak Island Borough Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 238 of 349 AGENDA ITEM #13.C.2. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 20, 2017 ASSEMBLY REGULAR MEETING Building Services ($150,000) - We currently contract with the City. That agreement, in reality, is for 2 inspectors and a small amount of administrative time. This agreement could potentially be reduced; however it would likely limit the services provided. Alternatively, we could bid out for services (see comments below). Staff Services (Finance, Planning, Administration, Assessing, Clerk, E&F) - There are a number of jurisdictions that contract out significant portions of their functions. Staff has considered some of these options and finds that while it may be possible to find vendors, it would require significant planning and work to do so and would be difficult to implement in the short-term (FY18) for a variety of reasons. Should the Assembly wish to seriously consider outsourcing any of these functions, staff should be so directed. Lastly, to reduce cost, the Assembly could opt to significantly reduce services to the existing revenue level (or in combination with revenue increases). Should the Assembly wish to pursue significant cuts, staff will need direction on the nature of the services to be reduced and revenue increases (if any) to prepare recommendations. FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 239 of 349 I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #13.C.2. Introduced by: Borough Manager Drafted by: Finance Director Introduced on: 04/20/2017 Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2018-01 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH LEVYING TAXES ON ALL TAXABLE REAL AND PERSONAL PROPERTY WITHIN THE KODIAK ISLAND BOROUGH FOR THE EXPENSES AND LIABILITIES OF THE KODIAK ISLAND BOROUGH FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JULY 2017 AND ENDING ON THE THIRTIETH DAY OF JUNE 2018 (FISCAL YEAR 2018 BUDGET) NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of a permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The following sums of money, or as much thereof as may be authorized by law, as may be needed or deemed necessary to defray all expenses and liabilities of the Kodiak Island Borough, be and the same, is hereby appropriated for municipal purposes and objects of the Kodiak Island Borough and other taxing entities hereinafter specified for the fiscal year commencing on the first day of July 2017 and ending on the thirtieth day of June 2018. Section 3: Adoption of this ordinance recognizes that funds are appropriated at department and/or project level. Compositions of these figures are as delineated in the full detail budget document. The full document is available to all elected and appointed officials for their use. Copies may be reviewed by interested citizens at the Borough Building during normal working hours and also at the Kodiak and village public libraries during their normal operating hours. Section 4: Tax Levy. A tax for the amount specified in the form of a mill levy is hereby levied for the value as of January 1, 2017, to be used for the purposes as specified in the Budget for Fiscal Year 2018 of the Kodiak Island Borough commencing on the first day of July 2017 and ending on the thirtieth day of June 2018 to defray expenses and liabilities of said entity as enumerated in the applicable budgets. The millage rates by taxing entity are as follows: AREA WIDE: A. Kodiak Island Borough General Fund 1.16 mills B. Education Support Fund 6.78 mills C. Debt Service Fund 2.47 mills D. Renewal and Replacement Fund 1.03 mills Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Total Area wide: 11.44 mills Ordinance No. FY2018-01 Page 1 of 3 Version 1 Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 240 of 349 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 AGENDA ITEM #13.C.2. NON AREA WIDE E. Womens Bay Road Service Area 2.50 mills F. Womens Bay Fire Dept. 1.25 mills G. Bay View Road Service Area 1.50 mills H. Fire Protection Area No. 1 1.50 mills I. Monashka Bay Road Service Area 2.50 mills J. Service Area No. 1 Roads 1.50 mills K. Woodland Acres Street Light Area 0.10 mills L. Service Area No. 2 0.00 mills M. KIB Airport Fire Area 1.25 mills N. Trinity Islands Street Light Service Area 0.20 mills O. Mission Lake Tide Gate Service Area 1.00 mills Section 5: Commercial aircraft that have been issued an N number by the Federal Aviation Administration and are less than 12,500 pounds takeoff weight are taxed using the following table: Section 6: Kodiak Island Borough Staff is hereby authorized and directed to effect the necessary line item changes within the limits established by fund, project and department to properly monitor, account and report on the expenditures of these funds. Section 7: The FY2018 budget is hereby adopted per the attached schedule. Effective Date: This ordinance takes effect on July 1, 2017. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. Kodiak Island Borough, Alaska Deletion - Red, Strikeout Insertion - Bold, Blue, Underlined Ordinance No. FY2018-01 Page 2 of 3 Version 1 Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 241 of 349 FIXED WING ROTOCRAFT Gross Lbs Annual Tax Gross Lbs Annual Tax Non Flyable $50 0-1,000 $100 0-2,000 $400 1,001-2,000 $200 2,001-3,000 $800 2,001-3,000 $400 3,001-4,000 $1,000 3,001-4,000 $600 4,001-7,000 $1,400 4,001-5,000 $800 7,001-12,500 $1,600 5,001-6,000 $1,000 6,001-7,000 $1,200 7,001-8,000 $1,300 8,001-10,000 $1,400 10,001-12,500 $1,500 Section 6: Kodiak Island Borough Staff is hereby authorized and directed to effect the necessary line item changes within the limits established by fund, project and department to properly monitor, account and report on the expenditures of these funds. Section 7: The FY2018 budget is hereby adopted per the attached schedule. Effective Date: This ordinance takes effect on July 1, 2017. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. Kodiak Island Borough, Alaska Deletion - Red, Strikeout Insertion - Bold, Blue, Underlined Ordinance No. FY2018-01 Page 2 of 3 Version 1 Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 241 of 349 AGENDA ITEM #13.C.2. 77 KODIAK ISLAND BOROUGH ATTEST: 78 79 80 81 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 82 83 VOTES: 84 Ayes: 85 Noes: Kodiak Island Borough, Alaska Ordinance No. FY2018-01 Deletion — Red, Strikeout Page 3 of 3 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 242 of 349 AGENDA ITEM #13.C.2. A. General Fund (100) Revenues Percentage Taxes Real Property 13.49% 1,023,510 Personal Property 6.84% 519,036 Non ad valorem taxes 0.35% 26,500 Payment in lieu of taxes 17.54% 1,331,000 Severance Taxes 18.91% 1,435,000 Sales Tax 2.97% 225,000 Penalties & Interest on Tax 1.96% 148,500 Licenses & Permits 0.81% 61,750 Federal Shared Revenue 1.48% 112,500 State Shared Revenue 22.32% 1,693,082 Investments Earnings 0.17% 13,000 Other 13.15% 997,747 Total General Fund Revenues 100.00% $ 7,586,625 Expenditures FTE Legislative 4 2.29% 173,593 Personnel Services 31,000 Fringe Benefits 4,393 Lobbyist 75,000 Support Services 63,200 Borough Management 5 8.55% 648,951 Personnel Services 382,143 Fringe Benefits 222,536 Contracted Services 1,500 Support Services 74,772 Allocated (32,000) Borough Clerk 3 7.53% 570,927 Personnel Services 270,425 Fringe Benefits 156,268 Support Services 142,734 Capital Outlay 1,500 Legal Services 0 2.84% 215,500 Legal Fees 200,000 Support Services 15,500 Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 243 of 349 AGENDA ITEM #13.C.2. Finance/Accounting Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 244 of 349 7 11.72% 888,938 Personnel Services 486,722 Fringe Benefits 314,708 Contracted Services - Support Services 130,508 Allocated to Projects (43,000) Finance/MIS 3 11.15% 645,869 Personnel Services 285,992 Fringe Benefits 104,080 Contracted Services 15,000 Support Services 371,797 Capital Outlay 75,000 Allocated (6,000) Assessing 5 9.88% 749,284 Personnel Services 414,377 Fringe Benefits 269,285 Contracted Services 500 Support Services 69,122 Allocated to other funds (4,000) Engineering/Facilities 2 3.50% 265,656 Personnel Services 106,026 Fringe Benefits 77,899 Professional Services 1,000 Support Services 80,731 Community Development 5 12.91% 979.272 Personnel Services 423,019 Fringe Benefits 264,587 Professional Services 25,000 Legal Fees 15,000 Support Services 252,166 Allocated to Projects (500) Building Inspectors 0 2.23% 169,130 Contracted Services 145,000 Support Goods and Services 24,130 Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 244 of 349 AGENDA ITEM #13.C.2. Economic Development Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 245 of 349 1 0.83% 63,100 Personnel Services - Fringe Benefits - Professional Services 60,000 Contributions 1,500 Support Goods & Services 1,600 General Administration 0 16.40% 1,244,572 Personnel Services - Audit Expense 115,000 Contracted Services - Contributions 15,000 Support Services 128,700 Transferin 985,872 Parks and Recreation 0 2.89% 219,470 Personnel Services 61,328 Fringe Benefits 30,342 Contracted Services 65,000 Support Services 62,800 Emergency Preparedness 0 1.77% 134,363 Personnel Services 21,207 Fringe Benefits 13,006 Contracted Services 70,000 Support Goods and Services 30,150 Animal Control 1.45% 110,000 Contracted Services 110,000 Education, Culture & Recreation 0 0.06% 4,500 Contributions 4,500 College and Libraries 0 1.27% 96,000 Contributions 96,000 Non Profit Funding 2.74% 207,500 Contributions 207,500 Transfers Out 0 0.00% 0 Transfers - Total General Fund Expenditures $ 7,586,625 Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 245 of 349 n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 Special Revenue Funds (Revenues and Expenditures) Education Support Fund (201) Land Sales (210) Buildings 8 Grounds Fund (220) Local Emergency Planning Committee (234) Women's Bay Road Service Area (240) Service Area No. 1 (242) Service Area No. 2 (243) Monashka Bay Road Services Area (244) Bay View Road Service Area (246) Fire Protection Area No. 1 (254) Women's Bay Fire Department (252) KIB Airport Fire Area (254) Woodland Acres Street Light Area (260) Trinity Acres Lighting Dist. (261) Mission Lake Tide Gate (262) Facilities Fund (276) Tourism Development (277) Total Special Revenue Funds AGENDA ITEM #13.C.2. 9,253,000 467,136 856,030 15,812 218,020 469,160 100 60,000 15,257 960,866 176,080 15,000 5,140 2,330 5,552 170,000 123,450 12,812,933 Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 246 of 349 C. Debt Service Funds (Revenues and Expenditures) Debt Service (300) Total Debt Service Funds AGENDA ITEM #13.C.2. 8,278,322 8,278,322 Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 247 of 349 u Enterprise Funds AGENDA ITEM #13.C.2. Solid Waste Disposal Fund (530) 3,721,363 2 Hospital Enterprise Fund (540) 2,772,322 3 Kodiak Fisheries Research Center (555) 1,660,520 4 911 Service (560) 27,600 Total Enterprise Funds $ 8,181,805 Total all Funds $ 36,859,685 Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 248 of 349 AGENDA ITEM #13.C.2. Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 249 of 349 888$$8 s.88s8s. a s gggggg g o m�msm NNNNNN N N 8 8. 8 8 p . .. . Z p NNNNNN N N Z 888,888 8. 8 888$$8 $ 8 N NNNN N N N 8,8888 888888 8888 58888 $8�.Q8.Q8Q,Q8Q8448.58e p8 N N N N N N N N N N N N N N N N N N N N N N N N N N N Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 249 of 349 AGENDA ITEM #13.C.2. tc pN v v �+ a s 3 N j P m N N S O P N N p P V gg NSSSSSOmOSSS S G1 IL , IL a m NN b ti N N P ~ P p N P O m N N IN/1 m N m •� W �p N 8 P 8 8 8 8 N 1 S h e 8 8 8 P P 8 8 8 8 8 8 8 8 8 8 8 8 Ri 1 6 �° n.-. dry n e'en n riPP mui r7 -' 8�S g^88 8�8m a8- 888 888888�e8888 < S RFt ^I p p pM p p p p p p p pp pp pp 8jd O O O S S e 8 S 0 S S S S e e S O O 8 S S 0 0 0 S S S S S §§ §§1n§§ §§y�§ S e e S S S e e O e e O O e O O e O O O O O e e e e e O O e e M N 0 EE k F_ J 6 6 g 9 g9 j %R E N Q �N nN S� 3 m ~ n m v 3 y 2 st$ 2 r� o ---________ Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 250 of 349 t! Go O� fl.fa i➢OC C V �+ a G7 Ca 47 t Y L O 3 Cn 7 Ca p� N AGENDA ITEM #13.C.2. Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 251 of 349 0 v a m� 8oe 826a88a8 88 tea^ �P 8�88888n 88 b 1� ti F N m~ .y n� 8 P p p S O O p V p $ P 0 m 8 8 O O p O O P S G O p p Vf p 8 S 8 8 i� N O P p p B E �� m S a F P G ^ N o m S% a P ti 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 ti P N .n I� Iii i0 N IYi N S N •X O V P .Ni T q .y � v ti ti Vti� tiYy tiq ti ti a c S n ^mmQ QnQ S S n m mqq m m 5m� sms N 5 d d sr S8 m 5m� 4m4 s� s� s� sS QT p� SQQ Qm 12 o g g 8_s$oog_8 $$ $$$$$S$ Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 251 of 349 AGENDA ITEM #13.C.2. �0 C) ON am Ce 41'a Q)Ca .c 48 L pp pp p ^l N O O O O s p 2 a m NN ��pp 1� MQ Qmr S E O S N P fell O O 0 0 0 0 p P IT1 fPV P oPi 11 N y r !S lC P M� N -01 10 W p 1mrf �p N C} CC pp Sgmm yq8Q$ Se�l�.l oa 14l l�fl e�nh"�.".8�8m� glv 8$ 8 $ 8 8 8 8 8 8 a 8 8 8 8 8 8 8 8 8 8 8 8 egg a m M o a 1 ry Is rr r r 1�' Q ry N N ri ri N ry It ry p pM pN p p p p p p p p p p CC pp IN *15 27 S o O Y N Y 2 6 J 5 O G C£ F N s fi SgOms �a�ao�greP V' S O 290,0 C C C C O m C OO N O O O m N N N N S N l�il N N O 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 zj Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 252 of 349 AGENDA ITEM #13.C.2. tc CD CD N P a� Cn a� CC Q7 m s L 3 _- o m $ g � e -N. e o � gSg 4g $ Qo P m n vmf m^ o ri ne c c ri N- m S SSS a MM� W p p m N m n P n n P B S P SRI - P- N 9 ar' e'N ry S g$$ R ry ry ti P� N V V sss sasses Ss 88S888s88ssSSSS gga0 Q ^aPP ss �sg =ss $ ods a $ss assess ss g�ssssssssssssss ssass P sg�i Nssses� s�ssm m rvaa m �� 7 a f 0 _ m m a E rn �� -UH - ~ E g m .LL g b S b o 1 3 3 0 8€ 1 o 3 "= 8 e a a a S a - / P e e16 6 p e c c c c o c d c o d c E n I H 2 P P P P Po P P P N P P 0 0 n oo oa 0S 0 0 o --¢ o6ed 6 0 SSSSd d d e do S - a s --- Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 253 of 349 AGENDA ITEM #13.C.2. tc N O O o W } a U1 ^� -0 �✓ Co Y L 3 tt;; oxo mssss�o ass Ca roa� m8 �PQB�m �m arIN $w �aN� y�� ,O °; FeeB�& "' X888888;8 FSee PP8P� SSN d S� Oi OO P AI w m V O n O m m Q S G P C C n P N S S S S S OO S O S S O O S S S S S S S O O O O O O O O O O S S Psa ppm m� s�sssaN s srgs�g S S S S S S S SS S S S S S S S S S S S S S S S S S S S S =� sssss�so�� s 5��.s ss � o �q m 0 € & W mea=g age pE a^ Ov9 $g��.PE3 41 q R 12 8 C 9 o r d C 8N > C C €E .. .m. . Y p G . OO C p N N N N N OO OO C G C C C o C o N O N N N N N O O v P O j a W .R M P P a P P fj P P P P P P P P o„ P P P P P P P P P a ❑ q fQpp O dGf o o W - - - o - - - - - - - - a o o d d d d d d d d d d o o o a o a o 0 8 0________ o tt Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 254 of 349 �00 C) OC) /a a) W } I� Cu A\� m W I� Yul i L O 3 G7 tm Ca Oa d C b� 6� y�oS 6p O AGENDA ITEM #13.C.2. 0 m 6 �,�so �s�x m�PPa =s �s�ss�assP p p m tN�f 8 o N m F o P Q� N O q .Nmi R 8 8 m P S 8 0< G 8 8 8 x a S O S S 8 8 8 8 S S S S S S S SSS S8 8 s s 8 8 8 8 8 8 8 8 S ss mmm os ss HH'SH O O O O p N P m N 8 5 8 $8$ 8 8 8 5 8 8 8 p 8 8 8 8 8 0 0 8 8 S S s 8 8 Q S S SO s 8 $ 8$ g O � S S g S S N S Om tNV P P O m m� O O S Si vmi S o O N S S � a L T gg o g o m M F E d i'n �� ?� a3 t9 oc c'LLx3 9 4 N NNN O r NN P o B m or ooN o i n n $1 o n n c N i {{{... 8 N o 8 o 0 0 0& o 0 o w �i P in ti o n g c e e S S o 6 6 6 S SSS b d d d d o d d d `So c c � Ordinance No. FY201 B-01 Levying Taxes On All Taxable Real An... Page 255 of 349 AGENDA ITEM #13.C.2. t! 00 O N n •id v � m s L Q) 3` S'rv"�^• 88888G P�R� $&N�:9 R,a m8 ��\\ Ei m r y N P n V�p 0y v M N lY' Ca R qq mp v M TT mm C V! 1V Ymf � Mp V1 N p C ti N S b S S S S S P O M N O T N N IV S S gi lV m P S S P O T N �+ 11 OO VI 0 O & aE a �� Rg ��ms �� q� o NN off' Vvv^ mri oc epi e.: � rN m m-. N 8 8 8 8 8 8 8 8 8 8$ 8 8 8 8 8 8 8 S Ci S 8 S S 8$ 8 8 8 8 8 8 M S S S SS S S . eg��m �� s� P 1v o s mc 1'y .C1 Y �.1 � b 9 = N S ti �tl N q {,QOM O YY!! P P P P P P P NP 1tP1 PN yN� yN� P P VPf 1(PN1 VPN1 VPN1 NPN --- --- ----- -------- Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 256 of 349 AGENDA ITEM #13.C.2. tG G o 0 N m a aro Iwie } N W m L 0 3 � _-88nomo<.n.8cmn N8N _8 —3 fir' n m m m T S m m m 8 8 8 It m e 8 d m = g r N o e 8 8 ry 8 S 8 8 8 a°� �$N a gS mior 8 8 n 8 8 8 8< tla rv$ m m s e$ e 8 8$ 6 m d v a n ry n n v, n ry o m ry m ti "a n V m ry n n �Q 8 8 C 8 o Sp 8 X S O P pS�SC 8e 8mS p8 S S $ 88. 8 8 8 8 8 8 8 8 8 8 0 8 8 88 8O 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 g 8 8 8 8 9 8 8 8 8 8 8 8 m 8 �g ssm N � M P^I b O : C�6di vii r��sE Yi3 as y� �O n rLu ¢ 3 S Y O IRon a v m.0oNom oPN yP iJ onr n'Arn n'A�n",Jq 5`Aq Q q� o� M wnnnnn a,mn a �`c dddddd dm d oo dm 6 dbd t ddoo co a .. .. .. .. .. .. .. .. .. o a Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 257 of 349 t! CD Co O N aru r N A CO s L 0 3 Ca � E <a Q E a E Q¢ AGENDA ITEM #13.C.2. 0 P U a m a 055a$1"R*ffl sgsg 2" dM�H8 §1 sig dim �mVcr 6 da� p p p p p p p p p p p p O p N S O O p pS S O O 8 O 8 O p p p p p p 8 0 0 0 O O O O O S O O O B O O S O O O 6sSgss§ns 99T 999A nig aP 0 ssS N q N o f C AA' LL0 3 e c� z a m &a '�i � m M u* z 3 in yQ�yk 'i N rTl ^I iP'1 Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 258 of 349 AGENDA ITEM #13.C.2. t0 pr o Cev �m L 3 A`= 888:G8��g88mSffi 888E Rem I:eeN�6 NI^�m 88 ry .. m I.iNr r9ia�P2! ^�N M� W Ll m$$ m a mmm m N CC pp p pp pp �p (V ^I IV y N O$ n n r S m S O m� SV p P O x. 01 S S$ N �rP�rff O CC n n N pq� lT� pm S P P S S d Q m rPi N p V P 0 0 �� ry 1� P m ti O P 1O P N N p p p IV p p M 8$ Or S S �Iprpl S m O N n P N p^ 0 P OS S S O Q O .n •ti N N nl m I�1 .^n N T H O O p O p p p p p p p p p p p p p p p pP p` � p p pr pr p 1prf pp p p O O O O O O O O O O O O Ir OIr�� O O O O O C O S O m O O O O 8 0Os s Os O S S S$ 8 S$ 8 8 8$ S N M 10 P O P P N m h N p N a s S S M �_' 38 Wo n 8 P 4 Ep C W { IJ a y� Q p U. v�g�t`y�F Isj$�T n~�i vini �� ilPn ev IFi U v6i Iv1i Q O IC'7 'CTI `�ryry d d d pp d d ry CrC E x=�. �SZ�rIfINN N �IR Y18N XPP �$ NN Op � P P P P P P P N N P i<S AT P P C P O O O P jT� P O Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 259 of 349 AGENDA ITEM #13.C.2. G C o �u �m t Y L 3 S. P S. N m e g N m x m M� W 6FmNSMB� SSS- SAS�go61 gm � �� Psp�,assNoaPss�sss� as$� �s �m<��=� s sP "x$ b m pN p .Y r ygg 8 0 S O S S O O S2 O S SS S Sy S S S S S S S S gSg q Sq O O $ S g c g r5 g g 8 8 S M 8 S $ e S 8 8 8 8 8 S 8 8 S S S S 8 8 8 S 8 S g o g 8 8 S 8 8 8 8 S� .� Lq b � 9 0 s� sm LL E o 0 N s � aeoo;,0000 oN ooa go � Q �� 6-6- e 1�-, s �_ �Na ism �o ddd . d d d d S S o S o o c o o c c e o S S o d d S r r r r r - r------- r r r r r tt Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 260 of 349 8 8 8 8 8 8 8 F 818 8818 808 aIS ag�8 888 8 � 8 m Im ry r N 0 p V Im•1 n m N N 0 N x001-1 S;;zmgl. e IN � Nlii 88818 ,88881 e l� 8 8 8 81 AGENDA ITEM #13.C.2. 81 8 ti �� ti ti ti ti $' e gE & F c ditl{ tl MO g o a ss se s� sso �00000 off PHS 8 8 lass to to is Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 261 of 349 t! Co ON a� Ce } N 'O W m L L O 3 w W Cn W AGENDA ITEM #13.C.2. Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 262 of 349 a a VNI P n O rNqi m b S lsV S n 10 R!b O P m 8 8 n 88 S P OQmi m T P S V p p A P P 0 N 0 N LI N P N P �l N N P N A N» Abp 1N� G] S N m ry N m N 1r1 p 1� 1� pp pp pp p p y� p p p p N 1. m NI;IF l�1N1NF^e YHM sm� < 9�9a M � R 'p"R �R1 C6 �FpF`8^m, �'30,88�8�r�pp$&q<88 N�N8P8�6�aP, �nml ��pa �Np 8 O O O O O O OQ O Op O O 8 B. O QO sO pO sO QO sO pO pO pO ppO sO 4O 8 S M N O 8 0$ S S 8 S S S N S O O sO s8 QO O S S§ ryO sO pO r N tV T 0 8� 8 O 8S 8 0�p 8 8 8 8 8 8 88 8 8 S8 88 48 I8� p v N T ti F S 8 E Cc 8 g o i LL Y O y (qqqq CC CC CC CC CC CC CC CC �� o C�C o CC CCCS 2 12 -gN e e a N N - O I� WGGGGGG g - .N.. .- - ..`+Fi, .,- - ..+- - - ,ea, j }N, }N, ------- o-- o S t t S 9 S S� S 9 9 t .}moi, .}nn, S t s ., ., ,.Nti S S 9 Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 262 of 349 AGENDA ITEM #13.C.2. 0 OC s aa) W � n N O] �u i L 3 - Cn �Pm^ o ra2ma pay^a N _ O Ca 66 NNN m" a as _ S S S S 0 N b S P � O uVbi O S 1 m� IN1 O S S S S S p O S S O S S O O S S S S S S S S S Sq S S S O g25o o_ y S S 88 8 SSS S 8 8 S S 8 SSSS a g asaaQ sg� =sorbs N ti N ti H ti ti H qyC Sm �b sa FCc Am € - N g 3 s� ge N p N N C e pp Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 263 of 349 AGENDA ITEM #13.C.2. tG Or afu Ce } �a 47 m Y L 3 :9 8 8..o 8 8 8 8g q8q 8 5 8 sg E ti P e g m S S o o S a m o m 0 N� PONN Sti � N ti ry V P N N P M� 1n S Iq�l S S S O S O O S O O O S S S S S S S S S S S m 3 xx �� i i i tog N K".m3- ep ❑� ^ 0 88 u°�i O8 Nv°�i 4 SS so Q8 BS gSB ^gg g S ^ggg P T T pS S � Sp S R n N m p p S O O S S S O O O O O O Ow S O O O O O O O O O O O O o$G <e< BSS di: umi a a a P'dP 0 s � BE M 9 a AA O w 0 C V ClJ P O O N N m m Y m m N m T O a z Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 264 of 349 AGENDA ITEM #13.C.2. 0 C:) 0 O N � a� m i+ a s Y L 3 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 0 8 8 N lV N m .y r r P b ry r N II� 8 p p S O S S S S 8 O O S 8 8 m 8 a� N �g o mo�� o<.:�o.: • • � .. g g 8 g g g g g g 8$$$$$$$$ o 0 o g S g g g o o S c 33 61 6 $ e a N p p p p p p p p 9 Q� S S O N O N 888888 888888$88gg$g$$$ o gssssos s s oaa r M N a � e O � ii$d'i � �34-"YdH LOLL '�� a ^ ° �sr3 .rv. 0 ��a��242 42 ry T m I-,� N R e• .. g Yyl� � �. O O O j G N M N N N N N y� N N N N� N ryma T P P P P P P QO 12 l� M VV611 w N .P-� VV 1I p .Pi .Ni N N .Oln N P N^ ONi T ONi V ti .Pi �g s -a ----------5--- �� ...... rrrrrrrrrrrrrr Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 265 of 349 AGENDA ITEM #13.C.2. Ordinance 21Eo1Levying T e On &Taxable RkA. Page 266e 349 \ a\ 2\ ch $Ca � 2 0 � C � - m )k\ \\\ kE0 ( (\$ !_ !!_■@ m■# a a „ - aaa■ ■■■ ! ®`■ ■«- ; ! // 2 (\§ §(( ] % {|§ )(§\ § § § ( \ \ k 2 Ordinance 21Eo1Levying T e On &Taxable RkA. Page 266e 349 t:00 O N aQ) v m a� s L O 3 Cn a F N m 'd C& 12 P $ S E gE aE F R �rv,N H Iti S S 8 8 AGENDA ITEM #13.C.2. 818 8 ;Iq Seo r 8 N- 8$ Q8p8q 80 818 8 818 81 a s a a a a 1 8 P N � b 88 8 8 8 8 a a tl n q F6Fp � \q yy� N tN� 8 MR €� s LL v Pi ry cv o y p jS g a C aT O ry p O ¢ O O ry N O O r CN p� p� N N N N N Np Np Np N C N !OV N tOV N Y! N N N N N N Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 267 of 349 'd C& 12 P $ S E rh 8 8 N C p N OM2 N F O O O O 0 N ti g8 COQ 818 8 818 81 a s a a a a 1 8 P N � b 88 8 8 8 8 a a tl n q F6Fp � \q yy� N tN� 8 MR €� s LL v Pi ry cv o y p jS g a C aT O ry p O ¢ O O ry N O O r CN p� p� N N N N N Np Np Np N C N !OV N tOV N Y! N N N N N N Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 267 of 349 AGENDA ITEM #13.C.2. G OC afu a UN m L 3 Ca �- oo ;zm- �m om �� ss oa sog 0 LL LL XW 'L w N M « n o F LL P O O O U at. c a Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 268 of 349 a E as sacs �s N N pr`i pNi P a - ^ v 8 8 m aft S a p n N p O N a T ass ss ass ss sass; e 8 8 8 8 8 X 8 T 8 8 8 8 8 8 ' 8 S S agg 5 YO V mN P ry V » AGENDA ITEM #13.C.2. y y q N M b F a s A� a d d 56� 3'g9 'g93 03 m m m n g E b d b d d b b d d d d d dd o N N N N N N N N N N N N N N ry N Ordinance No. FY2016-01 Levying Taxes On All Taxable Real An... Page 269 of 349 AGENDA ITEM #13.C.2. �\ \ C{ �fn t e � 0 � ] )) as mamma)!§!mama//a,■a, � Ca ;; \ (\ _q( (\ ;§ ;\\@@\■f,f,@§)@\7@@/ a, 7§!!!■ ■■ a! { §; §!! !a■■a■aa&■aa■aa■■■a, ! ## °&@&!k ## - !! «##¥ !!: �- � \!; \ \rN q o ` ! -•_| 7 ! ;I{!z#7(�!ƒf\;! i${ 2 ) ) ] {§/! t ! ! ! ) /!/$!!!2�lj!!7!!!! \ ` } )Awa.......... ee(e) Ordinance Nam 218-01Levying T e On &Taxable Real +. Page 270¥ ee AGENDA ITEM #13.C.2. ?&ems Nam 218-01Levying T e On &Taxable m6A . Page 271y 349 AGENDA ITEM #13,C.2. ON N f >01 v i� v 47 3 s L 3 M$�8pmQ8a eSV S 8888m8 a�S� e�:°„'mm^ a V V N C P p P Nm m $ N N S$ .N. .ni 8 -.'HS � Ca q p p p m q {{ pM Q N P p m P S S N S S 8 S m N N 16 N m ti N ti .6 b y 0 N O � N ti N 1p� n tipNpp pNp�� n p O S N S S O O S S O �S1 O � nO imp b m I NS n P 6 P b e P O N N N 9 S S O O O O O O O S S S O O O O O O S O O O O O O N P ry� N aP b e T O P N P m O p T S S S S S S S S O S S S O O S O SS S S S S S S S S S S S LY .o y d o .c�1"�V nm�Qc oo ti ti ti ti ti c s ti N b r W w" a o g' '� o g < F g 9 i �1 v a d9 el = � � '� W a is qp P� m P N l7 n "o ��m ��au yj ni�n�'ni �c�' 8•am� y� doo 'n 'n �E'Ri o d d d b d d b b d d d d b b d b d d d d P3 "d p g p p p p p n n n p p p p p p p N a Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 272 of 349 AGENDA ITEM #13.C.2. t0 0 0 0 N ry la Ce ch m= $$ �$ m •N+ o o� g u n gj g -mj a vii, S� S m g u�i � $$ gy m umi u e e as '�" G q�o$�� mo '�• P.�r.$$`S $ `rY imp AF„'y Q Co �P 88F�$'"888P�Sq��8;�88880 8088m ri k CC p �rmf C� P 1V p mP C N b Grp N N N N �p p p p p G N r N N n ti P O O O S O O S O S O O O O O O S O S S S S S S S O O S O N ^ ••� N N r .n 1Ne1 N N N P m r " » N ti ti o f ti 8 e a N m c Ls mm y RF• V N Z P p f p p p p p p p P Y Y P P P P P P P P P P P P Y P P � r' a "a as"aa"aaaaaaaa"aa"a "a a Na Na Na 6666 as d d d d d d d d d d d d d d d d d d d d d d d d d d d � Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 273 of 349 AGENDA ITEM #13.C.2. 0 O� a� av (U s L 3 O O 1}�v N Am P CY f O m N .Pn f fV N Ca pp u1 O.. . T T ym O m N m N b O ImQl N N P . N. N V N N m .Ni P O " 8 8 8 8 0 0 8 8 $$$$ 8 8 c ? 8 0 0? 0 8 8 8 8 8 8 "Q 4 n 0 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 r:a�R m �� 8888 ��"a� �� ^gsa " 3 a" 5 g gpb Eg 5 a �m� g F8 IN 12 E O vR� 8 m E rt M Z gg Ey gg N jJ� C u � _ m N N o 6 ❑ �: a "a"agg� a ga Naa aaaaa a Naa a g d b d d b b d d d d d d d d d d d d N N N N N p N N N N NN N N N N Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 274 of 349 t00 ON a� v CD �m s L O 3 ry W QE AGENDA ITEM #13.C.2. 0 ry i a S S S S S H H H H H a P O O P H H O O O S O S S N O O O O S p o m ry SP SM N S H S S S S S H S H O S S H S S 8 S 0 S S S . O O 8 8 S HHS S S H O S S S S S S 8 8 8 8 8 8 H H R H vI Y Q L� I^i3 o a €0 C 6 L.� 6 Ir^1 W 1 N1 1r N1 1r Nf lr nf lrnf � orf � P WCC P P P P P P P P r � N N N N N N N N N N N N N N N g d dd d d d d d d d d d d d d d d d Pi p"" p d q '� p p p p p p p p 1 - Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 275 of 349 AGENDA ITEM #13.C.2. ?Ares FY3,a01Levying Tes mAll Taxable m&+. Page 276@9@ ■@! ■§_!% aip| ;IS n■� ��4 @@; - _A E!! mm! 88 8 888 ■#■ ■ „ a #ma | 2)2)§§) \ |$ | ® ! 7 _ ! j§!$§k$% ?Ares FY3,a01Levying Tes mAll Taxable m&+. Page 276@9@ t! Co C) ON aru Qj Cu Cn �r a� m a� s L O 3 4j M� W GE a d E a E 8@ AGENDA ITEM #13.C.2. 0 N a S S 8 8 8 8 $ a mC ue 8 8 m S S m 8 8 8 8 8 P N 1 C T C1r' m� PC QSQ S P O S m A S S m O m n m O N P N N S P N O� q M m M mM v i0N b p mN aq . S 8 S S 8 8 8 8 8 8 o a m 8 8 8 8 8 8 8 8 8 88 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 eV N ry N$ s m N N Q S e1 m _ N IV N n `di d F o n � W 0 d z Lil Q S y� e^ N N N P P P P P P P P G! S aS R n n n iry iry N ry n n n ry n C F� d d � d P d d d d d d "PJB Pa 'A rJ rJ 'r7 rJ pa' c' Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 277 of 349 AGENDA ITEM #13.C.2. N a & g N q O N S S S O m S S N tpit pPp P S IG p IPI N O mS vPl C 1O N P P IO ^ n N 0 N p ry �O �G 11��11 ti O o H q a g¢ a S S S S S S S S S 8 8 0 0 0 88��o0 w M p p S S S S O S S O S S S O S S S S S S Yl In P � P fwd n r 9 N Lu e o ;° gg m _m m ry ry "aa a F d d d d d d d d d b b b C b d b b LL N N N N N N N N Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 278 of 349 AGENDA 7£m #13.C.2. Ordinance No. FY21SQ,Levying % D&Taxable m&An.. Pageeee&g \ �/ �chm s 2 0 � 4-j � C0 �K# /| §7 )@4a;*, &55 k\@ ■a ■;;;;;@ aas /)2 )/§) 2 ) ( | ! �\ ' �z ■ @m@@ ! Ordinance No. FY21SQ,Levying % D&Taxable m&An.. Pageeee&g c T I SP pl m $I$ 8I8 8 p M8I8 8 3 8 8 S S AGENDA ITEM #13.C.2. g pO I� 0 V m� ry P N p s8 n 1S1� �$p 'Ni' $ < m -11 Ol P - m V SM -110 SPFS6 O to q p n of P 5 8 8 8 8 8 8$ 8 8888 88888 m F 6 8 o m N 8 8 8 8 8x�p ti n z y i S b `c yy yyy _ ReVf O � � N m o N P p nss1 1ss�1 QN Qm IQp+t Z9 Q0 WW VP P P ryPry ryPry Q ryPry ryPry rypry Pryry S � S N S ~ S 1�2SN N P N N N N N N N N 9 G CO y N Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 280 of 349 AGENDA ITEM #13.C.2. Ordinance No. FY21ao1Levying Taxes o All Taxable mal A. Pap 281ee9 AGENDA ITEM #13.C.2. 0 O N m am v +r a� m s L 3 -o N CQ = P O e O O mm . O O C O O OO O S m A n m to OO OO OO M OO Irf nl tO� p p 8p p p p pp pCC pGpp p ay mS 8 0 O 8 0 0 S p M 0 O a1 0 0 0 O O O 8 0� OW O ice& i C N a q n 'LYII zp C O IL � jj � p d O a` �fkni :bT VEgg4�P ..N gmm "PN o A nr N ry a Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 282 of 349 00 C) O� CL 4) v 8 ' `J TA, � n N P W m N P s Y Irrl �� P rmn L O O m 3 N Ch QF N. Im yy�2 aE rvqq Y1 1 35 0 n 0 pQ8 T T o a N P F O N N O IN•j h S P •C _ N N �• AGENDA ITEM #13.C.2. F�$m mP AI � S h VP N S p� N •O P � m 3 SI _ 8888 888 K N W �yy On HIS c yy�� N k• S X88 °°S WNry X99 1�N �QN Ie'rI QN QN r r T lel 1�•f YI � N NP NP P ryP lPy � � � N �Pp tpV tpV P ryp C 6 O W N N N N N N N N �g�� $�� as • • aha aaaa N N N N N N N N N N N N N N N N Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 283 of 349 8 ' n N P b N P mNn w .nn �rr1 Irrl �� P rmn V P O m C N M M •� 3 SI _ 8888 888 K N W �yy On HIS c yy�� N k• S X88 °°S WNry X99 1�N �QN Ie'rI QN QN r r T lel 1�•f YI � N NP NP P ryP lPy � � � N �Pp tpV tpV P ryp C 6 O W N N N N N N N N �g�� $�� as • • aha aaaa N N N N N N N N N N N N N N N N Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 283 of 349 AGENDA ITEM #13.C.2. 0 0 Go N f0 ids � a A' �✓ CD s L 3 C0 _ �m o s� oa o g$s m o�Wo O o N E E ti 'l O ti O Mry ti N v 0 c 0 a U h O +t u � Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 284 of 349 t: Co OC) a� } N Cn �A✓' m W L O 3 a YE Qa 3 ry aE 0< dl ¢S AGENDA ITEM #13.C.2. mO n Ip�f H 8 8 mP El 1$r1 P ryn P n vrvf N m N N n P O O P N N O N ryv F P T M M M m�8 u+ommo $8 2D;8 51$ mmK 'm'�P �e R - e N P n N e� ry P M m P N m 0 P P P m m m F V P m N N M 8 8So S 8 S 8 8 $ SSS S S S 8$$ o $ 8 8 8 8 8 S S$ 8 8 8 8 8 8 8 8 8 8 8 8 8 8 S 8 S S 8 8 8 oz Nw a �p ryry a Z '9 sLL W O t O y LL g B � 3 LL c v Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 285 of 349 t!00 OCD N a� a� ) cC +� a� m a� s L O 3 C0 AGENDA ITEM #13.C.2. Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 286 of 349 a a P P S S S O O O ST p p w S N�pp p S m p 8 m m � O p O 1n TO O O P N vml S S S S S S ti b S m V T m n ^ o m b r r m gyp' P m N P m uPf 1�1 888SS SS 888 s88s� 88 080$ 8$$8 $S m b i iBE 8 o ' 8 8$ & m ici is ry G N d d ° 8 8 8 0 8 8 8 8 8 8 8 8 8 m n p E ` 5tiS8 ~ °no �& �� g8 g,8 N O08 V =8 m b LL @ �a G� w"88 Rarvrvry cm 5 E9$o a A w ry n C ry ry p� S 8 g g S O S S p N c c d d d6 o d d b o �+ d d d c N N Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 286 of 349 AGENDA ITEM #13.C.2. �0 C o 0 N n a� 6 U1 A Co �uW i L 3 4) N P n N T O S S S S n P f S S S 0 S P N O S m N N N d P P S S S N V S MM� A W mm q — S VI uPi r S S S �G 1G i7 P m O S S P 0 P S P m P 0 4 q O 1R N p N Ci N S any aFa T EF �PG P q I.i n nP O N er1 N P 1r Of � N �-i VTI C S CO P e n n N 1r1 1r1 P^� m N n'1 N b N m m n m n n N m .n ry ry P r P P rPl' r r N N m P r .n T N Le m i S 8 i N Al P n r tV O p O p p p O O S p p p p p p p p p p p p C p p p C p p p p p p p O O O O O O O Qt Z to °6�3 �t9' fi -IYS cd m -'A o oo € o �'au4 � ti�Hw 31nmz P Q �I E ry h O d1 N 6 + € P P P P P P P P P P P P P P P P P P P P P P P P r}y e� 1=61 W .Ni .Ni ti .Ni ti n n N N N .Nim ti m .Ni .Ni .Ni .Ni .Ni .Ni N N» N N N N N y ? d d d d d 6 d b b d d d d d d � Ny d d d d d d d d b d d d d d d � Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 287 of 349 AGENDA/ Em #13.C.2. Ordinance No. G,ao,Levying T e On &Taxable Real +. Page 288d 349 t! Co OC) Aa y/ ) N 4Aw' U W Co W s rn Jd L O 3 G1 Co S SIS SIC AGENDA ITEM #13.C.2. ode 000 8 8 8m� 8 S S S mP$ v c v n N C S S S S S Ell S O N P Ne m m S ry O q O �p N 898 8 a 8 8888 8888 888 P S S S S S S S S S S S QS2 Q s 4 ti v c n c d_ P b P N Q p 2 8� o QS QS O s m 8 S S a S S S S QS QS a a sS a S SIS SIC AGENDA ITEM #13.C.2. ode 000 8 8 8m� 8 S S S mP$ v c v n N C S S S S S Ell S O N P Ne m m S ry O q O �p N 898 8 a 8 8888 8888 888 P S S S S S S S S S S S QS2 Q s 4 ti ti � ti � ti F F O LZ _ p p= �< gooE 01 n a 3 S6 os g _ uR >° r m ytiC� S ti NNN NNN Gu m � 4 SS8'�,88 68 698 X88 08 ws q 9 q 6 N N N N N N Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 289 of 349 AGENDA ITEM #13.C.2. 0 O N o P �y I a v }a m m t L 3 ^' m S S SS S S S S n O o O S P S 0 0 0 0 Mtiym N P O O S S as o 0 0 M m VI N qtiq q ffq S O O .� S r7 S 0 17 8 T S S S a E N Si S i n e m a a r g r r 3 m 6 0 b Q N k m 'C 1�1 � !f m !f .ti pi � -YY 0 S s N N �1p� n S O O !7 T T p P� O O O O IVI�11 ti Y OY P 1r P1 S b O M IS 1�1 N O O 8jd S S p p p p p p p p p p p p p p p p p p p p p ppS o oM sSgagsas O O O O O S. 8 O O O O O O O O O O O O O O O O O O O O O O CO VOI r P. N O N VI N N CL^ m Y C � S E d e A� o S n m Vg o 5 m m ^'1 2 ^I ^I i'1 S ^I n& R$ N O o a 'iX n mn 6 N Po E 5i R X XE - y y y- - P�� J C W V~1 V2 1 V2 1 ~ VA1 1(A1 VA YA YAf yA� A 14 yA yA 1N� A yA 1A yA 14 yA yA 14 14 A 14 A C N IV N tV N fV N N N N N N N N N N fV N N N N N N N N N N C' Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 290 of 349 AGENDA ITEM #13.C.2. Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 291 of 349 N a m I � o• • O � � Q a• � a• ti .y S S n 1n1�1 P n m g 8 S g$ O O $ O O S S S S S S pN p Os S Q Q s QOQ s S S 8 S S 8 8 gS Syy S K 3 6 e e n n O A? o q 5 5 N LL 3 d P O N T X !N~`1 d W YNf YNf (V N N 6 Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 291 of 349 AGENDA ITEM #13.C.2. m o ~ p p N M O b b _Pn C P N p P N P P P n 8 8 8 O O O O O O O O O O O O O S S S O p p N N N 8 S S 8 8 8 8 8 8 S 8 8 8 8 8 8 8 8 8 § § R S06 S ~ N N N N j`U Etm`ZW' .. � O Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 292 of 349 AGENDA ITEM #13.C.2. adm=en FY2,QSQ,Levying T e On &Taxable Real +. Page 2933 ee \ \ g C\ §� s 2 0 � � Ca n mmm m!2 $| /C2 ■¥a ;a■¥a ¥■;!; ;!; ~� - ° .... �e@ • . ! E \ % ® ! \ ! � ! ■\ $ ` ) tlaa <!! !)!m ) 7� {ate 7\{«■\ adm=en FY2,QSQ,Levying T e On &Taxable Real +. Page 2933 ee 00 OCDN ro Cn • C T\ � W m s 1A L O 3 Cn W AGENDA ITEM #13.C.2. Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 294 of 349 x P F Gn�Ci� n'm"n in rQ'1 m'� � n �G C I.1 IerV1 IIrV1 � C N p 8 8 8 8 8 8 0 0 0 O O O O O O O8 O O e O O S N C O N C M N p O O . . pO 8� 0 p OP p OP pO C O O M N O 8 8 8 0 8p 0 0 8 0 0 S� ST 8 S O 8 O 8 0 QS pOp N N ti N N S E � N _ m 9 M p NQi pyygt J by yA 1pn L ',9 8S8 S 18i w'88QQoy dSeRo, S'" app<^ N N N R N N N N R R N N N N Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 294 of 349 AGENDA ITEM #13.C.2. 0 � o N 0 i a� av 4� m s L 3 �G R C0 p�o a�m 8 0 ..g `b» m N l7 9 Y 6 N ~ '� M0 0 Nni s � f P O O QQ l� O a tt Ordinance No. FY201 B-01 Levying Taxes On All Taxable Real An... Page 295 of 349 AGENDA ITEM #13.C.2. Damn Nam 318-01Levying T e On All Taxable m& An. Page 296y ee AGENDA ITEM #13.C.2, 0 p� P a� a� m L 3 YY- sss o ss soo gssss °g Oa se Qs a N O O n IQ S O Q 8 8 8 8 8 8 8 8 0 8o S S �� s��s� �Fq ss sagas ssssgs ss n m P N P P N n g s�ss� �s ss8ss ssgss 8sssss SS _ 8gS88 �8 88 0o SS 88888 8880 � 88 c � m oc ti � ti F� 1� ti ti F gray � d E r E ~ P S r M m W 8 8 o n N m m$ `8Q tR u ap c 4 � ZS n ry F Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 297 of 349 AGENDA 7£m #13.C.2. Ordinance No. F3,801Levying Taxes on&T Aemk+. Page 298¥#g \ �\ �\ �Co � 2 0 � ;! „ m■P ){!§! 77 }E2 Ca !!�:: r!® B �£6E ik \(( 2 c �� ( ! \| \ �k ).�u \ } ) |$§ \ Ordinance No. F3,801Levying Taxes on&T Aemk+. Page 298¥#g AGENDA ITEM #13.C,2. tc p� o aL all r IoC �) a� m CD CA L. 3 �' se sss a es ss Cm p " Ca $$ O m IF Iq IR O N p p O O O p p p S O S S S S S S S O O O O S S S O p S O S S S S o ee o � ry b o o o g S a o c oIR I -L 14 m n ^ S y JD Oo L iF SN LL p d tl r C C O g 0 g g W B B 2 c t C o t o e a d d n d dem c m m m z' Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 299 of 349 g Q. 4 84 Q gQ g g s gg S gS g g S g g. 6 S b S S 8 0� 8 OS Q8 0� S a S a a a a mm a u+n n g g g g g g g g g g g g S S d vi N� o m ti n • g S g S qu g g S g S S g gl 8�s 8Q 0�s SQ N ryO4 S�s . a a a ap S a S ep 00ON0 n1 N V pP AGENDA ITEM #13.C.2. g S 8 8 S S m S g g g g g g O N b P b pr e 8 e g�4 G N r g Q n;z a 5.<e P Ng 88$888885$$$$8 a � P p P uO1 ��pp ryrygpr .NN. n P Nn g N m N 0 P N P� IV g g II.�11 ,,pp mm VV11 YYff n n n n n 1p n n n n n n n pPp Pp PCC Ppp CP pP P pP CPC CPC P P P P �Q P a Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 300 of 349 AGENDA ITEM #13.C.2. Co \ aC) 2\ Cn §Co s J9 0 R � - -- -- Ca /{§/{ m - Z; !\ ,@!_@! a■!_ ƒ \\ \\ - as■¥a ; af 2, f |/n■ \ \k Ordinance No. FY3,a01Levying reo&Taxable m&A. Page aodkg r'E as d O O AGENDA ITEM #13.C.2. a n^ m P P O S b N n m m P N N m� OO N Np S S P .Pi O P m ffl S m O O $ S 8 N m OM 6 4 N p p O S O O O p Np S m y O S qPq S S O S b S S P P 1R I R P 1 mNn N b y N P P O S S S S S S S S S S S S S S S S S S S S S S S S S AR 0s. LT P g d d 8 d _ m vmg p�j' $ y 3 0'0'0'3 R ~ Sc 3 a Ordinance No. FY201 B-01 Levying Taxes On All Taxable Real An... Page 302 of 349 1r1 �p R m N$ O ti r N S P N E P Imrl � P 888SIR 88858818 88811 SSS SIS sssssSIR $$$1 8s8aIS SSSSSSIS aRRi ss8SIR ..oso=1= 888 AGENDA ITEM #13.C.2. s8 m r P P R S SIS ss1S sS8 SIS 8518 sss 3 RIS 888 588 3 SIS - a g'EA oomPm� mo opo a E d d d d d b d d d d d d d d d d d d d d d R RRRR RRRRRR RRR R RR RRR Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 303 of 349 AGENDA ITEM #13.C.2. tfG Om of Ce v 3 P p O 1�1 N C O I C 1pf1 N 1� O e OV M� � W pp pp pp pp pp pp pp pp pp pp pp pp pp pp p p p � E O Q Q 8898888888888888888888 8s 88sl ss$ $S g o ea SooSoo8o8.......,.0888 88 8888 888 88 M Q m S S O S S S S S S S S S S O O O O O S S S S S S S S S w as 5 � n €o r` o � 3 p o A O Y49 - -N g 1Y P P P P P P P P --- --- - -- P P P P P P P P P P P P P P P m Pm P 0 6�� -- 1.1 � 1.1 f.l 1.1 1.1 AI 1.1 j E d d d d d d d d d d d d d d d d d d d d d b d d d d d d mC,'Ct m mF'mmMC, CSC, C,mF'mFm m NC,R FF Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 304 of 349 t00 ON a� Cn Ca �r s L O 3 Cn 13 0 Co tE a� aE o� dl AGENDA ITEM #13.C.2. 0 a S o 0 8 8 8 8 5 8 0 8 8 8 0 8 8 8 8 8 8 'dCi n V b S O P O b P S P N S O N p O S N 31 Cl 17 P T n 0 0 N S S S �rtr gyp» 11rr11 p �p 8p N N N S SS p Pp p P Pm S s T O n T Y nf S 1n S ti m p S S m0 S n � 8 tiTT � C� ry O IPI m m N � m ItTr1I � P N N N O m m � p � IIPi O T al b Vp1 Pp ~p p^ p N N NC pO np Op Np pP �pO p� Pp M P 1G p� pO pp p p .pn pN p 8 n O n O O S S O S S S 0 0 0 0 0 0 0 S S S S O VOI 0 0 0 0 0 0 N M � a v ti ti 1� Wo 8s 8 04 a C 3 a '0 3 ? M °J 9 M=€ o� w $�IDlodoo a'RRR�RRQQ R�4Pi4m.4R`�NNi4��& u igg m €nnnnnn m b n in"mnm a ie n n n n n n n n n n r r({ r n n n n E n n n n n F d b b d d d b d d b d d d d d d b b d d b b b R R R R R R R R RR R R � Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 305 of 349 Co O� a� �} Cu a� m a� s L O 3 Cn Ml 7 Ca AGENDA ITEM #13.C.2. 8888888888888888888888888881 <`C+000Bm n am v�+on v8mSSoo masses<8smsse�,o�88saas8s8ss 8 8 8 88 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 g g`ss� �sas� says ss 8 8 8 8 8 8 8 s S 8 S 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 sus Sssss ass sag --- -- ---- ----- ----- --- E 5= �8a e � si £ 8 .2 S 0 o � 3 ^ 3 ^nN8 R Q tN8 m 8N. S&$ e m& a N o o e g o o -. 9 y6 9 P N N rl m rl rl P P P Pvl N� p 9 P P P P P P P P P P P P P P P P P P P P P N 2 n n n n ON n n n n n n n n n n n n n r n n r n W o N n m m � n n n n � m n n n n m n n n n v Z$ o d d d d o d o dd d d d d o d d e o d d o o d d o 88818 8 sss� sass sass Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 306 of 349 AGENDA ITEM #13.C.2. c Q CD N r m } a N � a Cm' s 3 sssa saa ssssss=sons 'v N mn p p q p Npg - pS 4 - -$9,�a m� 4 - m P N N ry N 1� r P N N S N m N �sg� 99991 � oo�rq m rvo�� _ p� p� p p .pn �p p �p pQ pN p pN p p pP � .pr pp OO pp p pp p pp .py pp pp S O O O O O O O O O O S O O O O O O S O O O S S O S O S O O she "HUM, §99968 9689991§ nn§ Q O V r � P m11: Lr�vOi 1� m N N N N .-i 0 N N f N u 3 n n a _ o 12 aku j\ 0 ail n £ ORO MOO O O O O O O O N^^ O O O O p O °- i n n R g n r'. n R n n n n n n n n n n n n s J g d d d d bbd b d d d d d b ,b� m d d d d d d d F'L^,�NNMNMNC,'C; L", z' Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 307 of 349 AGENDA ITEM #13.C.2. Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 308 of 349 b1 A O N £ m m z d R � � %• ry m N 6 Y � _ 8fi r�gdi _� a= � E uMi N 5� �9} pp77 Z v E b m ami 3 A= 88 8 8 8 8 8 8 8 8 8 8 e m �C� Ch o oo o m 9G828r` 88 <p p & � ' N T$T N N m p» ^ p C p O .^i O N O p !mV O p O 1•IM 0M N {�] B a^�a m e• ri•i � rNi N M N N M N p p p p O O O S S4 p p O p p p O OQ O pM O p O pN S O SC p O ¢ �{ � 0 s s s a a a a P QOQ m a pO Q s fb•1 N P m N C N b N� 8Q 8Q 8g 8 8 8 8 8 8 8 8 8 8 8 8 g J O s8s Q g g S SSS ^ 1.1 O 0 O Q8 Qb� 2525 xl o 4 b M N ry u� .r n R. R. n n n Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 308 of 349 b1 A £ m m z d R � � %• ry 90 9p N 6 Y � _ 8fi r�gdi _� a= � E uMi N 5� �9} pp77 Z v E b Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 308 of 349 Cyk O e O W L b O OvO'Ov O A9 O N N 6� •1 N T T T V N rl �1 Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 308 of 349 AGENDA 7£m #13.C.2. ?Ares FY21so,Levying Taxes o&Taxable RmA. &p 309ee9 AGENDA ITEM #13.C.2. Co gCD U \ C\ §� � 2 0 � Cm |/ ! e«; a; ■m !! ;;!! R , \°! ##! !\! _- � - m ¥a, ■.; k) ` !\\ \\ \\ \\ $\\ \(\ |) ,a¥ ;!r ; ■!_ :! a!_mr w / @;, @m! a■ ;, a¥ ;§;; ;!§ � ;m! a■> ¥; ;; „ ; ! @a a_ 15 K\ �!`! _ k 22 ! !! |)!! !® )`« # [ ! § )f ) )) \$�! | } ) k 0 )\\\\ \§ m9a t} )) {} ,< !�! �: II I ■ I ) § ! ?Ares FY21Eo,Levying r_ D&T mem&+. Page eo@#g 00 CD ON am Cn io°1C } N .{J 'o A� m W s L O 3 Cn M� W w 818 N IN ! N M N ;2SSSpiS PG P ^� Dn�pp O N v N 1�1 r Is 8 8 8 8 m p pO O m 0 n N N 81S s AGENDA ITEM #13.C.2. gn p�p A Q$Q .QAQ, s yey SAO dIoS A '" S g 8 N 84 8 m m� A 8 8 88c 8 8T E! S S 88 O p9 s� S h N m Imm b PS P 484 V S sis S R eSm pS pS mS sS R ^ N E b N P m M V m M N M S O S S S S S S S S S S S S S S S S S S S S SV S O NP NN �a-iI Q p ISV Q Q N17i1%�N e e r � pg5 0 ' INII = iIf IN11 ti n N 1C m m�� m � T INTI P P P P NP R LA h 1h IANIiIa NN LL N N N N N N N N N N N N N N N N N N N Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 311 of 349 m n :i 00 OCDN O.fu �} C CoCm s L O 3 W Cn Co Q E LE rv� E G O AGENDA ITEM #13.C.2. 0 a 6 �BgN!�Q �8,:g888888888� SS sg8ma 88 ryIP1GPm m M ,d s a N m N b S w O O a P O S S m p m T. N T 1r1 TT m m N O N N j P tS P M N N N� 0 0 w N n N S 0 O PN S S IO INTI S S b 8S S S S N S C S g �p NNNNNNNOp �Np � Np �.lf m S PP stip F � Pp P! 8� m O P N O m ~ Ya T O V S Sm m N P N N P .wr w P w N C N q PP N F�81�m i°.188x888'Ay &'8 `S 88 88 88 8 S8 SIR &dao w N r N Al m N Yf I�1 N m N P e g 8 9-8- 3 i r�Ni ' 8 8 n m rt `o d w .. .. PN cIR aTn^N�' e N rn N M P M O tS N m .n v � a n E N g2 gd ga FB g' n ,q 3a`03 00 X SR g8F C W � q W S L N N N OO g I� p y pp t o v o tNV IIINVVV N N o 0 0 0& 8 m v v N Vl P P P P P P P P P P P P P P P P P P P N a P ❑ N W i 9 W N N N N N N VI N IA N III N S N N N N N N N N N N N N N N N N N N N VI N N N N N fL Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 312 of 349 ( ! / AGENDA ITEM #13.C.2. Ordinance No. FY2,ao1 Levying Taxes o All Taxable %&An.. Page ssy&g ;!> mR,m ;n;;� w;, ;, ■;mnn „ &! ;@ \4\\ /�}f$ as SEE'S m@, ?,FEE as■aa a ;, ; n,@@@mea, FIE SEP SHM Psi §! .8.9 \\} \7 ■#■ ; „ ; ;;; „ °@@ @a ■a■a■;¥;; ;° \/ !*!\K$\!/ \( | \ ) | |f | J |.....I \: \ ! ;■ .. m Ordinance No. FY2,ao1 Levying Taxes o All Taxable %&An.. Page ssy&g AGENDA ITEM #13.C.2. 0 /O/�� N �i li N Cy } a Iwi/ N }� O Co s L 3 M 4 3 ^o Cn CaV PM ^ p V p p p 1 � N O^ �I� mebm m � a 0 Q 6 F M O S a q P � r b r N m p Ili nN � o O Yi N O. b N N N n O P m O O S S 0 T ^N IG p IG aN m O ^ Q ~ IG P r r P N n O P ry pp p p p p p p p p p p p p p p p pN p p p O p p W d O O O O O O O O 0 0 0 O O O O O O O O O O O O O am �� ss 0 0 0 9sa ss9s r N r r 14 II N S S S S S S S S S S S S S S O S S S S S S S S S S S S Ip ri r r N N O .ti P IO Hb g 8 LLis is SS a n oo x �R ti'N 'm RmgF3rCC Eee%I R.4rl �^Nre �I0 1 u Co Wn n n n n n n n n n n n n n n n a NN NNS ANN �N N MI N In ul In N of vl of of ut N Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 314 of 349 AGENDA 7£m #13.C.2. Ordinance No. F2,ao1Levying reo&T me mal A. Page s5U#g \� AGENDA ITEM #13.C.2. ?Ares FY218-01 Levying Taxes On All TaxAem@A. Page @ey&g !2 2 ; \}§ |! $)� � ) � ! � t ! \ �§ \§��f ?Ares FY218-01 Levying Taxes On All TaxAem@A. Page @ey&g THE STATE 01ALASKA August 8, 2016 GOVERNOR BILL WALKER Dora Cross Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Ms. Cross: AGENDA ITEM #93.C.2. Department of Education & Early Development SCHOOL FINANCE/ FACIL171ES 801 West 10• Street, Suite 200 PO Jinx 110500 Jurcm,, AWka 99811-0500 Pimm. 907.465.8683 Fax. 907A63.5279 Email mexidiihbmnmt,xlmkasav On June 29th, Governor Walker announced a reduction of 25% to the FY2017 school debt reimbursement program. The procedures in our office will remain the same for reimbursement request submissions, with the exception of reducing the reimbursement amounts by 25%. The department wants to ensure that everyone is informed of this reduction. Should you have internal tracking methods for what the borough will receive from this program, you will want to include the 25% reduction in that calculation. If you have any questions, please do not hesitate to contact me by phone at 907465-8683 or through email at meridith.boman@alaska.gov Sincerely, "Ok"(K - Meridith Boman School Finance Specialist Ordinance No. FY2018-01 Levying Taxes On All Taxable Real An... Page 317 of 349 AGENDA ITEM #18.A.1. FIRE PROTECTION AREA NO.1 BOARD RF � , r REGULAR MEETING February 21, 2017 6:00 p.m. r BAYSIDE FIRE HALL MAR 3 0 1. CALL TO ORDER/PLEDGE OF ALLIEGENCE CHAIR Paul Van Dyke called the regular meeting to order at 6:10 PM. 2. ROLL CALL Board Members present were Chair Paul Van Dyke, Mike Dolph, and Richard Carstens. Scott Arndt and Rebecca Nelson were absent. Also present were Chief Howard Rue and Secretary Jenny Clay. 3. ACCEPTANCEIAPPROVAL OF AGENDA DOLPH MOVED to approve the agenda. CARSTENS MOVED TO AMEND THE AGENDA to add item C. the purchase of an Air Compressor with electrical improvements that we have budgeted for FY2018 to be moved up and purchase as soon as possible due to the fire scene within the last week. ROLL CALL VOTE ON AMENDED MOTION CARRIED 3 TO 0. 4. APPROVAL OF MINUTES DOLPH MOVED to approve the minutes for the regular meeting of January 24, 2017 with minor corrections. VOICE VOTE ON MOTION WITH CORRECTIONS CARRIED UNANIMOUSLY. 5. ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT CARSTENS MOVED to approve and acknowledge the Financial Report. Board discussion ensued. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. VISITOR COMMENTS Judy Carstens — Of the 25 plus years she has been involved with Bayside, she had positive experiences and comradery with Bayside Fire. With the last Fire Chief a lot of volunteers fell off including some non -profits. Volunteers like Doug Mathers and others held it together by stepping up despite having full time jobs. The wives, girlfriends and KARES Group have also stepped up to help Bayside Fire. Through -out the many years one thing remained, the board was very strong. When the board made a decision it was final. The board hired a new fire chief and for the last year and 3 months the board and volunteers had its comradery and family back again. She was very sad that one board member, Scott Arndt, was not here tonight as she wanted to speak to him. He has been a part of the borough as well as this board for many years. For him to Fire Protection Area No. I Board Regular Meeting February 21, 2017 Page 1 of 4 Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 318 of 349 AGENDA ITEM #18.A.1. take a decision made by the board in which he did not get his way and then go to the assembly to call out the boar'd as being stupid does not cut it with me as a member of the Borough. She would like to know what to do to have Mr. Arndt recalled as a board member as he does not work with this board: Board members need to work together. She was not happy along with many other community members. She does not want anyone to tear bayside fire apart again. There was $22,000 in legal fees due to another person trying to tear the department apart. She was very sad that person was not here so she could address him also. She wanted guidance from the board. Rose Dolph — She could not understand how Scott Arndt could get up at an assembly meeting and address something that was not on the agenda before he got started on the business he was there to present. He has a fit when something was presented here that was not on the agenda. He wants to put it off. She was very disappointed in him it was wrong. She was not sure if he swayed assembly members but she was disappointed in their responses to his comment. Curtis Law — Reading last month's minutes showed Scott Arndt voted (3 to 1) against taking the 507o Prepayment Option for the Engine and Tender. To do what he did at the assembly meeting goes against everything. He also does not show up for all the Fire Protection Area No. I meetings. He thinks it was time he was off the board. 7. CHIEF REPORT Chief Rue expressed that now was a trying time to get volunteers. Volunteerism in America has dropped off. He was trying to make Bayside Fire a place that people want to come. He competes with wives, baseball games, fishing, hunting and other organizations. He is not a voting member of this board but what happens here, stays here. He was deeply offended by Scott Arndt's comments. He gave half-truths at the Assembly meeting. He put the board in a bad light by doing what he did. He affected the Chiers job, performance and appearance as the Chief is the face of Bayside. The board sees the need as everything has been neglected for many years. We are not going to look back but look forward to the future. What was said by Scott Arndt at the assembly meeting was totally inappropriate and inexcusable. Chief Rue discussed calls for January 2017 which included four fires. Fire calls are above the national average. Due to the Fire Fighter one classes, the volunteers are responding to the fires in gear and knowledgeable of their role. He was proud of them. We are endeavoring to persevere. Both the Engine and tender have been ordered from Spartan. Chief Rue and Bruce McNeil were scheduled to go to South Dakota for preconstruction meetings in March 2017. All the bay doors have been repaired. Air and electric drops proved important when the Tanker did not start. We are in the process on getting bids. We had an OSHA complaint by a member of the fire department for the emissions in the lower bay. Long Technologies have put in new sensors and we are compliant. Thanked the board for their help and support. He appreciated all the volunteers and what they do for Bayside. He along with KARES group recommended Squad 1 l's need of equipment to outfit it. He has received quotes for about $7,000. H would like the board to consider doing this in sections. Fire Protection Area No. I Board Regular Meeting February 21, 2017 Page 2 of 4 Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 319 of 349 AGENDA ITEM #18.A.1. 8. CHAIR PERSONS REPORT Chair Van Dyke expressed his disappointment with Scott Arndt's actions. While he does have the freedom of speech, it was not the appropriate forum. He does not support his tactics. The board, Chief and volunteers are much more vital than Scott's opinion. He wants to focus on moving the station forward and those who choose to play well together. He actions are not without consequences. He thanked chief rue for inviting him to a radio show called "Talk of the Rock" today with volunteer Jordan Kirby, who was very much prepared. He would like to spend more time with people like Jordan. It was a good experience. The assembly approved the apparatus's purchase with a vote of 7 — 0 along with some questions on how we will pay for it. He appreciated the support of Larry Ledoux and Michael Powers for their assistance in moving this forward. He thanked the board and Chief Rue for all their hard work in the process. 9. NEW BUSINESS a) Time Frame to Purchase Equipment (Tools, Ladders, Hose) Chief Rue asked the board for direction on obtaining tools needed. Chair Van Dyke reminded the board that there was $45,000 in FY2018 budget for this. Board discussion ensued. Chief Rue will obtain quotes for items needed by July 1, 2017. b) FY2018 Budget Chair Van Dyke reviewed and made changes to FY2018 budget items with the board. Board discussion ensued. The budget will be presented at the March 2151 regular meeting/public hearing. c) Purchase Air Compressor Chair Van Dyke would like to take action on this purchase in this fiscal year and remove it in the next fiscal year. Chief Rue has one quote and will secure a second quote by the next meeting. 10. VISITOR COMMENTS Curt Law — Wanted the board to go for the three year loan on the Engine and Tender. It was always nice to have emergency money. You can always pay ahead extra. He received a compliment from someone in Safeway that he did not know. They had been noticing all the Bayside Fire Department uniforms and wanted to know what was going on at bayside. Curt commented that a lot was happening and he should stop by the station and meet the chief to see what was going on. We are getting a lot of good PR. Curt was the 4th person he saw with the uniform on that day. Rose Dolph — She wanted to speak regarding on whether to borrow the balance of the money to pay off the equipment. She questioned earning interest on money that we have available. If you take out the loan, those two will offset each other. You are still going to have funds available to do what you need to do. If you take the money out of the account, you are not earning interest. 11. BOARD MEMBERS COMMENTS Fire Protection Arca No. t Board Regular Meeting Fire Protection Area No. 1 Board Regular Meeting Minutes of ... February 21, 2017 Page 3 of 4 Page 320 of 349 AGENDA ITEM #18.A.1. H. Rue — The jeep was recently taken to J's Body Work, has been plated and insured. Volunteers installed radios and it was now looking sharp. M. Dolph —He has a high satisfaction in what we do as a board. Citizen comments show the dynamics of Bayside Fire Dept. R. Carstens — He was satisfied with their accomplishment on the budget. Figures do not lie. P. Van Dyke — He was honored to work with knowledgeable people who have turned around this station. 12. NEXT MEETING SCHEDULE Chair Van Dyke scheduled regular meeting and public hearing on the FY2018 Budget for March 21, 2017at 6:00 PM. 13. ADJOURNMENT CARSTENS moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 8:00 PM. SU MITTED B Any and Secridary . KIB Engineering/Facilities Department APPROVED BY: Chair Paul Van Dyke Fire Protection Area No. I Board Regular Meeting Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Date: 3 Ig Date: 3/ZS/� -7 February 21, 2017 Page 4 ot4 Page 321 of 349 KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE MINUTES October 25, 2016 Regular Meeting 6:30 p.m. — KIB Conference Room CALL TO ORDER CHAIR SALTONSTALL called to order the October 25, 2016 regular meeting of the Parks and Recreation Committee at 6:30 p.m. ROLL CALL Requested excusal was Marnie Leist. Quass said told CHAIR SALTONSTALL that it says to excuse committee members first and then take a voice vote. COMMITTEE MEMBER MILLSTEIN stated motion so made. (invalid motion) Committee members present were Patrick Saltonstall, Helm Johnson, Dale Stratton, Ben Millstein, Steve Paulson, and Sharon Wolkoff. Absent was Marnie Leist. Ex -officio members present were Alan Schmitt and Corey Gronn. Absent ex -officio member was Ron Bryant. A quorum was established. Community Development Department staff present was Tom Quass and Janel Day. APPROVAL OF AGENDA COMMITTEE MEMBER MILLSTEIN MOVED to approve the agenda as submitted. VOICE VOTE CARRIED UNANIMOUSLY MINUTES OF PREVIOUS MEETINGS COMMITTEE MEMBER JOHNSON MOVED to approve previous minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS None OLD BUSINESS A) Monashka Bandit Range — Clean Up And Closure Quass stated he's waiting for DOT to give permission to put a do not shoot sign in the right-of-way. DOT did say they would consider putting in a drainage ditch so people can't pull off there. Brief discussion of having the Boy Scouts do another cleanup after the ditch is put in and the sign is posted, and the shooting range. B) Termination Point — Great Land Trust Update To Assembly On August 25, 2016 Quass said in your packet there was a presentation on the August 25th update to the Assembly as far as what's going on. There's some colorful brochures they put out and he read the brochure to the committee. Quass stated you would have to talk to Duane Parks and Recreation Minutes Page 1 of 4 October 25, 2016 Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 322 of 349 AGENDA ITEM #18.A.1. Dvorak for details. Brief discussion C) Saltery Trail Improvements — Pictures Of Areas That Need Work Quass said we did an exploration and there's a little note here from COMMITTEE MEMBER MILLSTEIN. COMMITTEE MEMBER MILLSTEIN and his wife, STRATTON, Janet Day, Sheila Smith, and Quass went in to Saltery. COMMITTEE MEMBER STRATTON has more recent pictures and there is even more damage from the most recent rains. COMMITTEE MEMBER STRATTON passed around his phone to allow everyone to see his pictures. He said there isn't a road anymore and some of the potholes are five feet deep. In response to CHAIR SALTONSTALL'S inquiry of what is happening with the designation as a trail, Quass said we're still waiting, that's in the process they had sent out, they had to go through the process of sending out notice to everybody saying does anybody have a problem with this. That takes thirty days and after that it's a thirty day appeal process. November 7th will start the appeal process if there's anything in there. Andy Schroeder, the contractor, seems to think that if the weather stays then he'll be able to get in there and do some of the stuff that we need him to do. The problem is that the CIAP Grant ends December 31, 2016 no matter what. Most of the money was spent on doerblock. CHAIR SALTONSTALL stated they asked him if any archeological sites would be damaged but it was the Corp of Engineers that contacted him. Brief discussion on the condition of the trail. Jane] Day showed the pictures on the screen. D) Killarney Hills — KIB Assembly Actions CHAIR SALTONSTALL said he was disappointed that we didn't have the last meeting because we didn't have the chance to comment. EX -OFFICIO SCHMITT said it was postponed until the February P&Z meeting to give people the opportunity to comment and he gave an update. SCHMITT encouraged the committee to express their views of what is happening. Committee discussion. Discussion of the committee putting together a resolution to the Assembly. (The KIB Parks and Recreation Committee does not make resolutions, they make recommendations to the Assembly and Planning and Zoning Commission). Discussion of what to include in a motion, and what the Assembly wants. EX -OFFICIO GRONN stated before the next meeting he can work on drafting a resolution with all the whereas clauses. COMMITTEE MEMBER PAULSON MOVED that we encourage the Borough Assembly to re -instate the planning process for Tract R-2. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Parks and Recreation Minutes Page 2 of 4 October 25, 2016 Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 323 of 349 AGENDA ITEM #18.A.1. COMMITTEE MEMBER PAULSON MOVED that we encourage the Borough Assembly to examine and update the Comprehensive Parks and Recreation Plan from 1981. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY E) Narrow Cape Public Access — AAC CEO Gave Report to KIB Assembly at the September 1, 2016 Regular Meeting Quass stated in your packet is a nice little handout from the September meeting that the Alaska Aerospace President came and visited with the Assembly and gave them an overview on the update as to what's going on here. You can look at it to see. He read the handout to the committee. Quass said as a group you should keep watching to see if they are going to do green launches and/or expand when they do their expansion for their medium launch, and see land use issues as far as what's going to happen beyond that. NEW BUSINESS A) Disc Golf EX -OFFICIO GRONN said he reached out to the golf course manager and he asked him if the MWR would consider posting baskets there. He was receptive but he said it's above him to make that decision, he thought they already had baskets. He contacted the MWR Director who stated they already had a basic nine -hole course at the Nimitz gazebo area open to the public. B) November and December Meeting Schedule Quass said the reason this is on there is because in the past for November and December you have opted to go to the third Tuesday of the month as opposed to the fourth Tuesday of every month. He would just think that since you are probably going to do this every year just make it a motion, a resolution, that November and December will take place on the third Tuesday. COMMITTEE MEMBER JOHNSON said it's on the third Tuesday right now. Quass stated that's because last year when you were doing the scheduling you said, hey, November and December we're going to move it to there so you have to change it every year COMMITTEE MEMBER PAULSON MOVED that we move the November meeting to November 15th and the December meeting to Tuesday, December 13th. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY B) Next Trail Summit Date Discussion of dates. Consensus to have it on April 51h. D) TMO's for Saltery Trail: SM4 — SM6 During discussion the committee relayed additions and changes to the TMO's to Janel Day. Parks and Recreation Minutes Page 3 of 4 October 25, 2016 Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 324 of 349 AGENDA ITEM #18.A.1. COMMUNICATIONS A) November Planning and Zoning Public Hearing Items Committee discussion. COMMITTEE MEMBER MILLSTEIN stated motion so made. (invalid motion) REPORTS Meeting Schedule: • November 15, 2016 Parks & Recreation Committee meeting -6:30 p.m.- KIB Conference Room December 13, 2016 Parks & Recreation Committee meeting- 6:30 p.m.-KIB Conference Room COMMITTEE MEMBER JOHNSON MOVED to accept the amended reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS None COMMITTEE MEMBER'S COMMENTS Corey Gronn stated the City Parks and Rec have installed new skate ramps at Baranof Park, and the ice rink will open tentatively November Vt. We are starting to hit our gym season because the community gym is still out there lingering. Sharon Wolkoff stated this applies to Item 6C -Funding ideas for Saltery. They may have ideas on this Facebook page. ADJOURNMENT COMMITTEE MEMBER JOHNSON MOVED to adjourn. CHAIR SALTONSTALL adjourned the meeting at 8:31 p.m. DIAK S D BOR GH PARKSi EGRE TI COMMI EE By: Patrick Salton #a I, Chair ATTEST: By: 0;::�Cvj Q ��L — Sheila Smith, Secretary Community Development Department APPROVED: March 28, 2017 Parks and Recreation Minutes Page 4 of 4 October 25, 2016 Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 325 of 349 #18.A.1. APR 3 2017 KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE MINUTES November 15, 2016 Regular Meeting 6:30 p.m. -Conference Room CALL TO ORDER COMMITTEE MEMBER MILLSTEIN called to order the November 15, 2016 Parks and Recreation Committee regular meeting at 6:42 p.m. ROLL CALL Requested excusal was Helm Johnson. Committee members present were Ben Millstein and Steve Paulson. Absent committee members were Patrick Saltonstall, Helm Johnson, Sharon Wolkoff, Marnie Leist, Dale Stratton. Ex -officio members absent were Ron Bryant, Alan Schmitt, and Corey Gronn. A quorum was not established. Community Development Department staff present was Tom Quass and Janel Day. ADJOURNMENT Due to a lack of quorum the meeting was adjourned at 6:43 p.m. Wo PARKS By: \[/l�� Patrick ATTEST: By: Sheila Smith, Secretary Community Development Department APPROVED: March 28, 2017 Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 326 of 349 KODIAK ISLAND BOROUGH f i APR 3 2017 PARKS & RECREATION COMMITTEE MINUTES j December 13. 2016 CALL TO ORDER CHAIR SALTONSTALL called to order the December 13, 2016 Parks and Recreation Committee regular meeting at 6:31 p.m. ROLL CALL Requested excusal was Steve Paulson and Dale Stratton. Committee members present were Patrick Saltonstall, Helm Johnson, Mamie Leist, and Ben Millstein. Excused was Steve Paulson and Dale Stratton. Absent was Sharon Wolkoff. Ex -officio member present was Alan Schmitt. Absent ex -officio members were Rebecca Skinner, Ron Bryant, and Corey Gronn. A quorum was established. COMMITTEE MEMBER JOHNSON MOVED to excuse Steve Paulson and Dale Stratton. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Director Mason, Tom Quass, Sheila Smith, and Janet Day. APPROVAL OF AGENDA COMMITTEE MEMBER MILLSTEIN MOVED to approve the agenda as submitted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY MINUTES OF PREVIOUS MEETING None AUDIENCE COMMENTS AND APPEARANCE REQUESTS None OLD BUSINESS A) Killarney Hills Tract 2 Director Mason stated the Community Development Department came up with a Scope of Work for a Master Planning effort for Killarney Hills, the Planning and Zoning Commission voted to move it forward back in May. Staff started the preliminary work and we were getting close to holding the first public meeting when the assembly asked staff to attend an assembly work session for a Killarney Hills discussion. At that meeting, Mason and the Borough Manager were directed to halt that planning effort, change course, and allow Duane Dvorak, Resource Management Officer, to pursue a development planning effort for the property. He put out a Request for Interest and then followed up for a Request for Proposals from developers to bring Ideas to the borough about how that property should be developed. Our code says now in Title 18 is essentially to have this type of development plan get rolling the borough, administratively, has to go through the same process that they would to dispose of borough land by lease or by sale at fair market value. An application for a Title 1 B Land Disposal Review came to our office from Duane Dvorak acting as the staff for the assembly and subsequently for the Borough Lands Committee. The application was processed, a staff report was prepared, but staffs recommendation based on the knowledge that many people were on board with this Master Planning Process to decide what was best for the parcel and for the community. We felt we could not recommend disposal even if it was for the purposes of getting a development plan because from Community Development Department's perspective, we do not know what the Parks and Recreation Committee Minutes Page 1 of 3 December 13, 2016 Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 327 of 349 AGENDA ITEM #18.A.1. community would like to see in any kind of development. Staff felt it might be wise to go back to at least a condensed version of the Master Planning effort so that when the borough gives the developers direction on, at least these are the kinds of criteria that need to be met for your proposal to be satisfactory, we thought the community should weigh in on that. We recommended denial of the Title 18 Land Disposal and the Planning and Zoning Commission postponed it to February so that borough staff, P&Z, and the assembly could have more time to talk about where this should go now. There are still discussions that need to be had on how we are going to move forward but there is a Title 18 Land Disposal case out there for Killarney Hills. The Planning and Zoning Commission will hear the case in February. There are complications and considerations being to go through the disposal process on a piece of property that large and worth that much money it would have to go to a vote at our next general election. Inflation has to be accounted for over the past couple of decades. It would have to go before the voters. It will be before the commission again in February. Title 18 is very vague in how the borough is supposed to determine whether a parcel is surplus or not. Keeping a ballfield there and developing more of a sports complex also fits in within the future land use and zoning designations of the parcels. CHAIR SALTONSTALL stated the committee has submitted a memo In favor of the master plan. Committee discussion. B) KIB Land Disposal Director Mason updated the committee on the land disposal cases and she stated the land sale is scheduled for spring 2017, April or May was Duane Dvorak's target. Committee discussion. C) Monashka Bandit Range — Clean Up and Closure Tom Quass stated he is still waiting. He keeps calling the people for the permits so we can put the sign up in the right-of-way. He started this in September. We can clean it again and hopefully by spring DOT will have a plan to ditch and put up the sign. D) Saltery Trail Improvements Quass stated he applied for an easement, as of tomorrow we should have the easement assigned to the borough. It will be identified as a road but we have three years to get It surveyed so Andy Schroeder, ITN, will contract a surveyor to complete the survey work. Once it is surveyed, the easement will be there and then the road can be developed. E) Trail Summit Date CHAIR SALTONSTALL stated we had talked about having the Trails Summit the first week in April. NEW BUSINESS A) Recreational Trails Program Grant— FAQ Sheet Quass said there are two grants; one is $50,000 that is for non -motorized trails, and one is $100,000 for motorized trails. The application process ends in August. He read the requirements to the committee. B) TMO's for Saltery Trail: SM7 — SM9 During discussion the committee relayed additions and deletions to the TMO's to Jane] Day, GIS Analyst. C) November and December Meeting Schedule COMMITTEE MEMBER LEIST MOVED to permanently modify the November and December regular schedule so that the Borough Parks and Recs meeting falls on the 2nd Tuesday of those months. Parks and Recreation Committee Minutes Page 2 of 3 December 13, 2016 Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 328 of 349 AGENDA ITEM #18.A.1. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMUNICATIONS A) January Planning and Zoning Subdivision Public Hearing Items EX -OFFICIO SCHMITT gave a brief report of the P&Z case. COMMITTEE MEMBER MILLSTEIN MOVED to accept communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS Meeting Schedule: • January 24, 2017 Parks & Recreation Committee meeting- 6:30 p.m. -Conference Room • February 28, 2017 Parks & Recreation Committee meeting- 8:30 p.m. -Conference Room COMMITTEE MEMBER JOHNSON MOVED to accept reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS None COMMITTEE MEMBER'S COMMENTS None ADJOURNMENT COMMITTEE MEMBER JOHNSON MOVED to adjourn. CHAIR SALTONSTALL adjourned the meeting at 8:21 p.m. ATTEST: By: N-4"Jo cc _ Sheila SmitF, Secretary Community Development Department APPROVED: March 28, 2017 Parks and Recreation Committee Minutes Page 3 of 3 DIA 'SLA BO OUG�r PAR S A D ECR ATION COMMITTEQI By: \. Patrick Saltonsta% Chair December 13, 2016 Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 329 of 349 8.A.1. KODIAK ISLAND BOROUGH f APR 3 2017 PARKS & RECREATION COMMITTEE I MINUTES ! i 2017 Regular Meeting 6:30 p.m: KIE1CW1tcenlft)kM AJhA_ _ CALL TO ORDER CHAIR SALTONSTALL called to order the January 24, 2017 Parks and Recreation Committee regular meeting at 6:34 p.m. ROLL CALL Committee members present were Patrick Saltonstall and Dale Stratton. Absent members were Helm Johnson, Marnie Leist, Ben Milistein, Steve Paulson. Ex -officio member present was Rebecca Skinner. Absent ex -officio members were Ron Bryant, Alan Schmitt, and Corey Gronn. A quorum was not established. Community Development Department staff present was Sheila Smith ADJOURNMENT The meeting was adjourned at 6:35 p.m. PARKS M ATTEST By: Sheila Smi , Secretary Community Development Department APPROVED: March 28, 2017 Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 330 of 349 KODIAK ISLAND BOROUGH I PLANNING AND ZONING COMMISSION til APR 3 2017 MINUTES February 15, 2017 Regular Meeting CALL TO ORDER Followed Special Call to order the February 15, 2017 regular meeting of the Planning & Zoning Commission at 7:15 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Requested excusal was Greg Spalinger. Commissioners present were Scott Arndt, Barry Altenhof, Maria Painter, Alan Schmitt, Chris Hatch, and Colin Young. Excused was Greg Spalinger. A quorum was established. Community Development Department staff present was Director Mason, Sheila Smith, Daniel Mckenna-Foster, and Jack Smith. APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SCHMITT MOVED to approve the January 18, 2017 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS For agenda Items not scheduled for public hearing and general comments. Comments are limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492- 9202. None PUBLIC HEARINGS Comments are limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. A) CASE 17-011 (Postponed from the October 19, 2016 regular meeting). Request a Title 18 Land Disposal review, per Chapter 18.20 KIBC, to consider disposal of Lots 11 thru 14, Block 4 and Tract R-2, Killarney Hills Subdivision. This disposal is a precursor to the Kodiak Island Borough Planning & Zoning Commission Minutes Fire ProtectWRF9J R1c?-. board Regular Meeting Minutes of ... Page 331 POM91 AGENDA ITEM #18.A.1. Borough requesting competitive development plan proposals for the parcels per KIBC 18.20.090. The applicant is the Kodiak Island Borough. The location is 3235 Rezanof Drive East & NHN Woody Way Loop. Motion on the floor made at the October 19, 2016 regular meeting: COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. FY2017-11, recommending retention of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision and to adopt the findings of fact listed in the staff report dated October 5, 2016 and entered into the record for this case as "Findings of Fact" for Case No. 17-011. The motion was seconded by COMMISSIONER BALDWIN. Director Mason stated this was postponed to allow for additional public participation and to allow additional dialog occur for the Borough Assembly and the Borough Lands Committee. We did receive additional public comment, which Is in the packet. Since October, the Lands Committee had discussion in December when they decided it's best at a later date to determine whether or not perhaps portions of the parcel should be disposed of amongst other reasons. They were not comfortable with the borough moving forward with this and they recommended going back to a planning process. Duane Dvorak, Resource Management Officer, wrote a memo to the Assembly, as the Lands Committee staff, letting the Borough know of the Assembly's recommendation to go back to the Master Planning effort. The Parks and Recreation Committee has submitted a similar letter of support for a planning process. In December, because of what the Lands Committee discussed Dvorak submitted a request to postpone this item further. In January, Dvorak came back and withdrew his request to postpone because we did not want this item to show up on the agenda at all in a public advertisement until it was clear what direction the Assembly would like to go. We could not avoid that so it is on tonight's agenda. The Assembly, at last week's work session, the Assembly had this as a discussion item. What Mason gathered from that discussion was that before the Assembly makes a decision they would like to see a scope and not an extremely detailed schedule but kind of a wag of a schedule with approximate timelines on a shorter planning process and a development process to see what those look like side by side so they are very clear on what it is they are approving. They also discussed sending it back to the Lands Committee. Our recommendation has not changed to retain this parcel. Open public hearing: Duane Dvorak, KIB Resource Management Officer and agent, stated he is not sure that postponing and giving it more time Is best. We have given plausible rebuttal. This property was bought and developed for projects at the time at great expense to the borough. There is an opportunity to dispose of it or some of it and maybe get some tax revenue and new housing. Even the city would benefit because it is inside city limits. The ballfield occupies approximately five acres with the field, parking, and access. In his mind, they could coexist. He went to the Lands Committee to try to get some additional input or a recommendation. The committee recommended planning. He thinks there are other ways to do this. The Assembly has received the Lands Committee's recommendation. Dvorak recommended that the commission decide this tonight and let it go where it needs to go. Close public hearing: Commission discussion about the planning process should be reinstated, postponement or not, feeling cornered to vote on something that the public has not had an opportunity to give extensive input and discussion on which way this should go, the waste water infrastructure issues, population density, traffic issues, relocation of ballfields, and how dense do we want that development to be, the need for the Assembly to set up a schedule of community input and public participation. Kodiak Island Borough Planning & Zoning Commission Minutes Fire Protg&%HWON99176oard Regular Meeting Minutes of ... Page 332 0 48 AGENDA ITEM #18.A.1. COMMISSIONER SCHMITT MOVED to postpone to our April 19, 2017 agenda. ROLL CALL VOTE ON MOTION CARRIED 5-1. The ayes were COMMISSIONERS ARNDT, ALTENHOF, SCHMITT, HATCH, and YOUNG. The nay was COMMISSIONER PAINTER. B. CASE S17-002 (Postponed from the January 18, 2017 regular meeting). Request Preliminary approval of the subdivision of Lot 1A-4, U.S. Survey 3465 creating Lots 1A - 4A. 1A-4B,1A-4C, and 1A -4D, U.S. Survey 3465. This subdivision amends a plat covenant that designates Lot 1A-4 (t 3 acres) for parks and recreational purposes by designating only Lot 1A -4A (a t 2.3 acre portion of Lot 1A-4) for those purposes. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 593 Island Lake Road and the zoning is PL -Public Use Lands. Motion on the floor from the November 30, 2016 regular meeting. COMMISSIONER BALDWIN MOVED to grant preliminary approval of the subdivision Lot 1A-4, U.S. Survey 3465 creating Lots 1A -4A. 1A-48, 1A -4C, 1A -4D, and 1A -4E, U.S. Survey 3465 (KIBC 16.40) subject to three (3) conditions of approval, and to adopt the findings in the supplemental staff report dated November 2, 2016 and entered into the record for this case as "Findings of Fact" for case S17-002. Jack Maker stated this has been postponed several times. This request follows a recently approved disposal of + portion of the parcel and a Comprehensive Plan Amendment and rezone. The initial request was for a subdivision of the parcel into five lots. The commission expressed concerns regarding drainage issues and the request was postponed to allow the applicant time to address the concerns. The applicant has since submitted an engineered drainage plan and revised plan that subdivides the parcel into four lots. The revised plat meets the requirements and the lots have been reconfigured so drainage paths are situated on Lots 1A -4A, which will be retained by the borough. Drainage easements will be established along the drainage paths. Staff recommends preliminary approval be granted. COMMISSIONER SCHMITT MOVED to amend the motion by striking everything after 1A -4D and inserting "U.S. Survey 3465 (KIBC 16.40) subject to five (5) conditions of approval, and to adopt the findings in the supplemental staff report dated February 9, 2017 and entered into the record for this case as "Findings of Fact" for case S17-002." Open public hearing: Duane Dvorak, Resource Management Officer spoke in support of the request. Close public hearing: Brief commission discussion. CONDITIONS OF APPROVAL 1. Surveyor note No.6 shall be revised to read as follows on Final Plat: "Lot 1A -4B created this survey shall have a building setback requirement of 15 feet from the northerly lot line of said lot as shown on this plat." 2. Surveyor note No. 7 shall be revised as follows on Final Plat: "Lot 1A -4D created this survey shall restrict driveway access to the area between the northeast corner of said lot and monument M-7 on front lot line of said lot as shown on this plat." 3. The 20 foot wide portion of the drainage easement that is centered on the rear lot lines of Lots 1A -4B, 1A -4C, and 1A -4D shall be completely relocated onto adjacent Lot 1A -4A on the Final Plat. Kodiak Island Borough Planning & Zoning Commission Minutes Fire Protg&%HV la N901 -Board Regular Meeting Minutes of ... Page 333 oOR49 AGENDA ITEM #18.A.1. 4. Prior to Final Plat approval, the drainage path that passes through the rear of Lots 1A -4B, 1A -4C, and 1A -4D shall be rerouted into the drainage easement on adjacent Lot 1A -4A. 5. The Final Plat shall depict a 10 foot wide electrical easement along the inside of the rear lot lines of Lots 1A -4B, 1A -4C, and 1A -4D. FINDINGS OF FACT 1. This plat meets the data and lot design requirements of Chapter 16.40 (Preliminary Plat) of the Borough Code. 2. The adopted conditions of approval will ensure the improvement requirements of Chapter 16.40 (Preliminary Plat) of the Borough Code are satisfied prior to Final Plat approval. 3. The adopted conditions of approval will ensure that the Final Plat meets the standards of Title 17 (Zoning) of the Borough Code. 4. The adopted conditions of approval will satisfy review agency requests. 5. This plat provides a subdivision of land that is consistent with the adopted Borough plans and development trends for this area. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY C. CASE 17-014 (Postponed from the January 18, 2017 regular meeting). Request an ordinance amending Title 17 KIBC (Zoning) by adding Chapter 17.77 KIBC (RSL - Residential Small Lot Single -Family District) to create a new zoning district that would allow development of single-family residential dwellings on smaller lots In the Borough. The specific intentions of this new zoning district are: A. To reduce land costs associated with single-family residential development; B. To encourage the construction of smaller housing types; C. To prohibit commercial, industrial, and any other use of the land which would interfere with the development or continuation of single-family dwellings in the district; and D. To require a minimum land area to establish the RSL district to reduce the impacts of potential subdivision of existing lots within neighborhoods. The applicant is the Kodiak Island Borough. The location is borough -wide. This is a new zoning district that may be established in a 1.5 acre or larger area where water and sanitary sewer service from a certificated public utility or municipal system are provided. Motion on the floor made at the Januaryl8, 2017 regular meeting: COMMISSIONER PAINTER MOVED to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending Title 17 KIBC (Zoning) by adding Chapter 17.77 KIBC (RSL -Residential Small Lot Single -Family District) to create a new zoning district that will allow development of single-family dwellings on smaller lots in the borough, and to adopt the findings of fact listed in the staff report dated January 4, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-014. Maker stated allowing development of single-family dwellings on smaller lots in the Borough might be one part of a regulatory solution to address the borough's growing need of housing options. Title 17 KIBC requires a minimum lot area of 7,200 square feet in those urban residential zoning districts that allow development of single-family dwellings. Staff research has shown that smaller lots are capable of accommodating such development while providing sufficient yard setbacks and off-street parking. Given this information, creating a new urban residential zoning district that allows the development of single-family dwellings on smaller lots should reduce the associated land costs and encourage the construction of smaller housing types in that new district. Kodiak Island Borough Planning & Zoning Commission Minutes Fire ProtE�i WeVN9017Board Regular Meeting Minutes of ... Page 33404 AGENDA ITEM #18.A.1. Open public hearing: Kevin Arndt spoke in support of this request. Close public hearing: Commission discussion COMMISSIONER PAINTER MOVED to postpone Case No. 17-014 to the May 17, 2017 Planning and Zoning Commission regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY D. CASE 17-015. Request a variance to reduce the required off-street parking from 25 to 9 spaces for a church with 100 seats on Lot 3, Block 8, New Kodiak Subdivision (KIBC 17.195 and 17.175.040.A). This request is a required precursor to the following request for a conditional use permit to increase the seating capacity of the existing church. The applicant is MK Enterprises, LLC. The location 216 Shelikof Street and the zoning is B - Business. COMMISSIONER SCHMITT MOVED to approve a variance to reduce the required off-street parking from 25 to 9 spaces for a church with 100 seats on Lot 3, Block 8, New Kodiak Subdivision (KIBC 17.195 and 17.175.040.A). Daniel Mckenna-Foster stated this property is zoned Business which churches is a permitted use. For church use in non-exempt areas of the borough KIB code requires one off-street parking space for every one out of four worshippers sitting in that church. In 2014, the property owner of 216 Shelikof Street obtained a Conditional Use Permit, Case 14-003, to establish a church at that address. At that time to present, the property had nine available off-street parking spaces. As part of the granted Conditional Use Permit, the commission required the property owner to allow the maximum capacity worshipper seats dependent on the off-street parking requirement ratio. With nine parking spaces on the property and four seats allowed per parking space the church was allowed thirty-six seats total. To ensure compliance, the commission required these thirty-six seats be fixed to the floor of the assembly area. For the current variance request, the property owner seeks a variance to reduce the parking requirement from twenty-five spaces to nine spaces; this request was submitted in tandem with a conditional use permit for a church at this address with 100 seats. As KIB off-street parking requirements for churches have not changed, with 100 seats, the church is required to provide one parking space per four seats, or 25 parking spaces total. Neither the size of the building nor the size of the parking area has changed since 2014. To accommodate Borough code for 100 seats in the assembly area, this property would need 16 additional parking spaces. At any given time, downtown Kodiak has many empty parking spaces, but these spaces cannot be used directly to fulfil borough parking requirements. According to section 17.175.050, Kodiak Island Borough code only allows for off-street parking on contiguous lots "in common ownership as, the principal building or use that they serve". However, the Planning and Zoning Commission may permit spaces "to be located on any lot within 600 feet of the principal building or use. The lot must be in common ownership or a long-term easement, license, or permit for use of the alternative parking shall be secured." Thus, any use of nearby empty lots would require a long-term agreement, proof of which would have to be submitted for a variance consideration and then conditional use permit. Open public hearing: Kevin Arndt, applicant, spoke in favor of the reouest. Kodiak Island Borough Planning & Zoning Commission Minutes Fire ProtdfdPAWMAA'0 oard Regular Meeting Minutes of ... Page 335 PRW AGENDA ITEM #18.A.1. Close public hearing: Commission discussion -Amendments may be offered at this time. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to adopt the findings of fact listed In the staff report dated February 1, 2017 for Case No. 17-015 as "Findings of Fact" supporting the denial of this request. FINDINGS OF FACT 1. No exceptional physical circumstances or conditions are unique to the property subject to this request. 2. Strict application of the zoning ordinance would not result in practical difficulties or unnecessary hardships. 3. Granting a variance could adversely affect surrounding properties, depending on travel mode choice. 4. The variance is not In conflict with any policies or objectives listed in the adopted comprehensive plan. 5. The applicant is seeking relief from a self-imposed condition. 6. Granting the requested variance would not result in a prohibited land use. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY E. CASE 17-016. Request a conditional use permit to expand an existing church on Lot 3, Block 8, New Kodiak Subdivision by increasing the maximum seating capacity from 36 to 100 (KIBC 17.200). The applicant is MK Enterprises, LLC. The location is 216 Shelikof Street and the zoning is B -Business. COMMISSIONER PAINTER MOVED to approve a conditional use permit to expand an existing church on Lot 3, Block 8, New Kodiak Subdivision by increasing the maximum seating capacity from 36 to 100 (KIBC 17.200). Mckenna-Foster stated this is a conditional use permit request to expand an existing church on Lot 3, Block 8, New Kodiak Subdivision by increasing the maximum seating capacity from 36 to 100 (KIBC 17.200). This request is related to case 17-015, a request for a variance in parking requirements. This increase in seats would trigger additional parking requirements stipulated Table 1 of KIB 17.175.040. In tandem with this conditional use permit application, the applicant also submitted a variance to reduce the number of required parking spaces from 25 spaces (one for every four 100 seats) to nine spaces (which currently exist on the property). if the variance is granted, then in principle the conditional use as a church may be approved. If the variance Is not granted, then this conditional use permit should be denied according to existing code. However, possibilities for remedying this situation to suit the applicant include: the applicant demonstrates in some satisfactory way that, assuming it sees 100 occupied seats per church activity, 16 additional motor vehicles will not be used by worshippers to attend the activity; the property be included in the downtown zone that is exempt from parking requirements; or the commission may grant shared parking "located on any lot within 600 feet of the principal building or use. The lot must be in common ownership or a long-term easement, license, or permit for use of the alternative parking shall be secured." Thus, any use of nearby empty lots would require a long term agreement, proof of which would have to be submitted for a variance consideration and then conditional use permit." Open public hearing: Kodiak Island Borough Planning & Zoning Commission Minutes Fire Prot986Mela'N8017Board Regular Meeting Minutes of ... Page 336 0BR49 AGENDA ITEM #18.A.1. Kevin Arndt, applicant spoke in support of his request. Close public hearing: Commission discussion ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to adopt the findings of fact listed in the staff report dated February 1, 2017 for Case No. 17-016 as "Findings of Fact" supporting the denial of this request. FINDINGS OF FACT 1. The conditional use requested would not make any changes to the value, spirit, character, and integrity of the surrounding area. 2. Without a parking variance, this conditional use does not fulfill all other requirements of this chapter pertaining to the conditional use in question. 3. The conditional use could potentially be harmful to the public safety or convenience. 4. The conditional use does not provide sufficient parking as required by Borough code. 5. The conditional use would not be a private structure. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS None NEW BUSINESS None COMMUNICATIONS A. January Planning and Zoning Commission Case Results Letters B. Code Enforcement Actions COMMISSIONER PAINTER MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • March 8, 2017 Work Session -6:30 p.m. -Borough Conference Room • March 15, 2017 Regular Meeting -6:30 p.m. B. Abbreviated & Final Approvals — Subdivisions COMMISSIONER PAINTER MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS Kodiak Island Borough Planning & Zoning Commission Minutes Fire Protfcg1UH5k%A3.01111oard Regular Meeting Minutes of ... Page 337 PRW AGENDA ITEM #18.A.1. None STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 8:16 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: 4n Scott Arndt, Chair ATTEST By: Sheila Smith, ecretary Community Development Department APPROVED: March 22, 2017 Kodiak Island Borough Planning & Zoning Commission Minutes Fire ProtgONWeI N07Board Regular Meeting Minutes of ... Page 338W49 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES February 15, 2017 Special Meeting 6:30 pm -Borough Assembly Chambers CALL TO ORDER Call to order the February 15, 2017 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Requested excusal was Greg Spalinger. Commissioners present were Scoff Arndt, Barry Altenhof, Maria Painter, Alan Schmitt, Chris Hatch, and Colin Young. Excused was Greg Spalinger. A quorum was established. COMMISSIONER SCHMITT MOVED to excuse Greg Spalinger. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Director Mason, Daniel Mckenna-Foster, Sheila Smith, and Jack Maker, APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS For agenda Items not scheduled for public hearing and general comments. Comments are limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. 1= PUBLIC HEARINGS Comments are limited to three minutes per speaker. Local phone number is 486-3231; Kodiak Island Borough Planning & Zoning Commission Minutes February 15, 2017 Page 1 Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 339 of 349 AGENDA ITEM #18.A.1. Toll Free is 1-855-492-9202. A) CASE 17-018. Request a regulations pertaining to marijuana businesses. This ordinance was drafted by the Community Development' Department under direction of the Borough Assembly and includes recommendations made to the Borough Assembly by the Borough's Marijuana Task Force. The applicant is the Kodiak Island Borough. The location is borough -wide and the zoning varies. COMMISSIONER SCHMITT MOVED to recommend that the Assembly of the Kodiak Island Borough approve Ordinance No. FY2017-27 amending Title 17 KIBC (Zoning) and to adopt the findings of fact listed in the staff report dated February 1, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-018 Director Mason stated in 2014 ballot measure 2 was presented to the voters in Alaska and the State voted to legalize marijuana. About a year ago the borough opted to exercise its right under Alaska law to develop its own regulations to govern the industry. They adopted an ordinance that put a moratium on the establishment of marijuana businesses in the borough until February 28, 2017. The revised version of Ordinance FY2016-17, which was the one that instituted the moratorium is before the assembly now because the sunset date of February 28th cannot be met based on our legislative process we have in the borough. The proposed date that is before the assembly now is April 30, 2017. The assembly has a public hearing scheduled on that ordinance tomorrow night. The recommendations that are in the draft Ordinance FY2017-27 are primarily based on what the Marijuana Task Force gave the assembly. There was talk at a work session and the assembly disagreed with a couple of the recommendations so they gave staff direction to change them. Director Mason handed out a table for the commission to look at that is the proposed permitted, conditionally permitted, and prohibited zones for marijuana cultivation, licenses, and manufacturing licenses, testing licences, and retail licenses. There are two different kinds of cultivation licenses; the limited culitivation license allows for 500 sq. feet to be under cultivation and the standard license is unlimited. The State makes the distinction between the two so we thought it would be best if we did as well. What is being proposed meets Title 17 and any other applicable borough codes, it meets State codes and the implementation of this ordinance in general meets several of our goals and policies in the Comprehensive Plan. Staff recommends you forward this ordinance in some form with recommended amendments if you feel it necessary to the assembly for their review. Open public hearing: Jonathan Strong spoke opposing the request. Shelly Paulson spoke opposing the request. Mark Anderson spoke opposing the request. Kodiak Island Borough Planning & Zoning Commission Minutes February 15, 2017 Page 2 Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 340 of 349 AGENDA ITEM #18.A.1. Debra Kirk asked for clarification on whether RR was taken out. Staff clarified that it was removed. Close public hearing: Commission discussion regarding postponing to March to allow for tweeking and to get more public input, Federal law, RR1 & RR2 zoning districts permitted uses include horticultural buildings and activities and agricultural buildings and activities, people wanting to get involved in a new economic endeavor, the State's adequate safeguards to protect the public. COMMISSIONER ALTENHOF MOVED to postpone this case to the March 15, 2017 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY CITIZENS' COMMENTS Limited to three minutes per speaker. For agenda Items not scheduled for public hearing and general comments. Local phone number is 486-3231; Toll Free is 1-855- 492-9202. Jonathan Strong stated he thinks it's a good idea to spend more time on this. He doesn't feel there are any economic benefits for Kodiak. The City Finance Manager did a study and estimated that just in the city sales tax it would only be about $$18,000 a year which would not offset any of the costs of this in our community. The borough is not going to tax it, there's just some licensing fees and he feels this would be an economic drain on our community. Debra Kirk stated that the next meeting is during spring break and a lot of families that may be interested have already purchased tickets so there is conflicts. STAFF COMMENTS Director Mason stated the assembly hearing is scheduled tomorrow night for the Ordinance that would push the sunset date from February 28" to April 30"'. There was interest from one or two assembly members on proposing that they extend that date further. The assembly has directed her to put this ordinance 2017-27 on the assemblies March 91h agenda to begin a concurrent review because there are portions of Title 3 and Title 5 that you are not reviewing but have the business licensing, fees, and things like that so it's the other side of this. Anyone who would not be able to make it to a public meeting or does not like speaking in public venues is encouraged to write a letter and email to the Community Development Department. We would make sure those comments make it in the packet and are available not only to the public but for the commissioners to consider in their discussion. Kodiak Island Borough Planning & Zoning Commission Minutes February 15, 2017 Page 3 Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 341 of 349 AGENDA ITEM #18.A.1. COMMISSIONER COMMENTS Alan Schmitt stated he won't be here at next month's regular meeting. Looking at the State process the fee for a retail marijuana store license is $5,000, the cultivation fee is $5,000, production facility license is $5,000, and there are sorted other fees. If people in town are willing to put that kind of capital into an operation they will make something. It may not be $100,000 but they'll make something. Economically, they should be given the chance to do it. The people who sell their produce at farmer's markets aren't making millions either but it's adding to the local economy. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 7:09 p.m. ATTEST By: oc��N Sheila Smith, ecre ary Community Development Department APPROVED: March 22, 2017 Kodiak Island Borough February 15, 2017 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: '(— Scott Arndt, Chair Planning & Zoning Commission Minutes Page 4 Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 342 of 349 Service Area No. 1 Board Regular Meeting November 29, 2016 6:00 p.m. Kodiak Fisheries Research Center 1. CALL TO ORDER Chair Scott Arndt called the meeting to order at 6:00 p.m. 2. ROLL CALL AGENDA ITEM #18.A.1. r11.E4.1 Y D�`j I j MAO 16 2011 t(CdAAKj& AUA Board Secretary Jenny Clay conducted a roll call and present were Chair Scott Arndt, Board Members Paul Hansen, Ed Mahoney, Dennis Symmons, Bill Mann, Craig DeHart and Mike Sirofchuk. A quorum was established. 3. APPROVAL OF AGENDA Board member Symmons asked to move up the Election of officers due to the fact that he had an Assembly meeting to attend. SIROFCHUK MOVED to AMEND Agenda for February 29, 2016 moving item 9 New Business to Item 6 immediately following Acknowledge Receipt of Financial Report. VOICE VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF PREVIOUS MINUTES —Regular Meeting February 29, 2016 SYMMONS MOVED to approve the minutes of February 29, 2016. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5. ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT SYMMONS MOVED to Acknowledge Receipt of the Financial Report. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. NEW BUSINESS a. St. Denny Surveying Purchase Order Chair Arndt informed the Board about St. Denny Purchase order for NTE $9,850. This estimate would cover surveying and engineering on roads in Service Area No. 1. SYMMONS MOVED to accept the bid NTE $9,850 estimate from St. Denny Surveying. Board Discussion ensued. ROLL CALL VOTE ON MOTION CARRIED 7 TO 0. c. Election of Officers Chair Arndt opened up nominations for Chair of Service Area No. 1. Service Area No. 1 Board Fire Prot€ 9bPArri%7A'. 1 Board Regular Meeting Minutes of ... Iof3 Page 343 of 349 AGENDA ITEM #18.A.1. SYMMONS nominated Scott Arndt for Chair and MANN nominated Ed Mahoney for Chair No other nominations were made. Nominations were closed. 1100 r., I , Votes were counted Scott Arndt 4 and Ed Mahoney 3. Scott Arndt was voted for Chair. Chair Arndt opened u_p (nominations for Vice Chair of Service Area No. I SIROFCHUK nominated Ed Mahoney for Vice Chair and ARNDT nominated Dennis Symmons for Vice Chair. No other nominations were made. Nominations were closed. Votes were counted Dennis Symmons 5 and Ed Mahoney 2. Dennis Symmons was voted for Vice Chair. b. Discussion on Capital Improvement Projects in Service District 1 Chair Arndt discussed Capital Improvements for Service Area No. I roads which included Finishing paving in Woodland Acres including side roads, Lilly Drive up to Balika Lane and Balika Lane to Neva Way. He would like to put these Improvements on the Capital Improvement list for next year. Board discussion ensued. They will discuss again at the next meeting. Dennis Symmons left meeting at 6:20 pm. 7. VISITOR COMMENTS None 8. CHAIR PERSON'S REPORT Chair Arndt discussed grading and dust control of roads with the board. Due to mild winters there had not been much money spent on snow removal. 9. OLD BUSINESS Chair Arndt briefly discussed Shahafka Circle drainage problem and Otmeloi Way paving project. 10. VISITOR COMMENTS None. 11. BOARD COMMENTS M. Sirofchuk — None. C. DeHart — None. B. Mann — None. E. Mahoney — He welcomed Craig Dehart to the Board and congratulated Scott Arndt who was voted in as Chair. P. Hansen — None. S. Arndt — None. 2of3 Service Area No. 1 Board Fire ProtectW9k&%1Ad9i16Board Regular Meeting Minutes of ... Page 344 of 349 12. NEXT MEETING SCHEDULE Next meeting was to be determined by Chair Arndt. 13. ADJOURNMENT DEHART MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Meeting was adjourned at 6:38 p.m. V:::�z Jogny Clay Engineering/Facili ties Approved By: Scott Arndt, Chair Service Area No. 1 Service Area No. l Board Fire ProtMi$i%9%M. 1 Board Regular Meeting Minutes of AGENDA ITEM #18.A.1. Date:.-/ /*k7 Date: 2�242 3of3 Page 345 of 349 SOLID WASTE ADVISORY BOARD REGULAR MEETING MINUTES January 9, 2017@ 5:15 PM Kodiak Fisheries Research Center Call to Order AGENDA ITEM #18.A.1. i MAR 15 2017 Chair Szabo called to order the Regular Meeting of the Solid Waste Advisory Board at 5:15 p.m. on January 9, 2017 at the Kodiak Fisheries Research Center. Roll Call J. Clay conducted a roll call and a quorum was established. The following members were present; Chair Nick Szabo, Jeff Stewart, Jennifer Culbertson, Nathan Svoboda and Scott Arndt. Steven Neff was absent. Also in attendance were Bob Tucker and Jenny Clay of the Kodiak Island Borough, Ex -Officio member Robert Gray of USCG, Mike Shrewsbury and Lee Hickle of Alaska Waste, Stephanie Mason and Chris Lynch of Threshold and Visitor Don Roberts Jr. Approval of Agenda ARNDT moved to approve the agenda. VOICE VOTE ON MOTION CARRRIED UNANIMOUSLY. Approval of Minutes ARNDT moved to approve the minutes of October 3, 2016, VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Visitor Comments: Don Roberts Jr. —Spoke to the Board regarding his inability to recycle due to lack of storage and vehicle.Subsidized housing was small and there was nowhere to sort recyclables. A convenient recycle center was discussed. Chris Lynch — President of Threshold Services Inc. who has the current contract for Kodiak Island Borough recycling services. They have volunteers help short recyclables. Businesses can recycle by calling for pickup or come to the drive through. They do charge a fee of $20 for pick up services. She was here tonight to introduce Stephanie Mason, their new Executive Director who started October 1, 2016. Stephanie comes to us from the State of Washington with Non Profit experience. Threshold's main mission was to provide jobs for disadvantaged people in Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 346 of 349 AGENDA ITEM #18.A.1. I Kodiak. They employ about eight people who sort paper products and five floor employees. Ot of Threshold missions was to provide jobs for those people. They currently take plastics type one and two, office paper, cardboard, minor metals and electronics for a fee. They are currently working with the Landfill to pull more recyclables out'at the baler building. There are "' i've drop off places around town for after- hours drop off. Bob Tucker— Part of Threshold's contract was to take a certain amount of poundage of electronic waste from the customer to keep it out of the Landfill. The Landfill was considering the purchase of a baler to help with the cardboard they receive. He also introduced Dora Cross to the SWAB Board as the new Borough Finance Director. Robert Gray—Stressed to the Board that CFL -Compact Florescent Lamps/Bulbs contain a lot more mercury. They must be recycled and not put in the landfill. Discussion/Action Items a. Review Solid Waste RFP and Contract Chair Szabo was invited to speak at the work session by Mayor Rorher, to give an update on the RFP and Contract. Bob Tucker received the RFP and Contract back from the attorney and spoke about changes made. The Board reviewed the RFP and Contract with their suggestions and changes. The RFP would be advertised by the end of February 2017 and Contract would begin July 1, 2018. Chair Szabo and board members were asked by Mayor Rohrer to attend the Assembly Work Session on Thursday at 6:30PM to update them on the RFP and Contract. b. Election of Officers ARNDT MOVED to leave the officers the same for another year, Nick Szabo as Chair and Scott Arndt as Vice Chair. VOICE VOTE ON MOTION CARRRIED UNANIMOUSLY. c. Food Waste Disposal Chair Szabo spoke about letters and a survey sent to three grocery vendors by SWAB to ask what they did with their expired foods and to take a survey. They have not received a response. The Assembly requested SWAB follow up on the food waste disposal of those vendors. Mayor Rorher suggested SWAB discuss with the Assembly at the Thursday work session, if there should be a requirement of grocers to recycle food instead of disposing of it. The question before them would be: "Should recycling remain optional in the Borough?" Board discussion ensued. Jeff Stewart stated last month Safeway had changed their policy and were now giving expired food to the food bank. Chair Szabo will report to the Assembly. d. 2017 Strategic Plan This will be discussed at a future meeting. Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 347 of 349 AGENDA ITEM #18.A.1. Visitor Comments: None. Board Member Comments: Jeff Stewart — Would like to investigate further the recycling of electronics. He was very interested in the glass pulvarizer and would like to work with the Borough and Threshold. He would like a report from Threshold on where they have advanced in recycling. Nathan Svoboda — He wanted to thank Bob and his staff regarding the RFP and Contract. The high school students received another grant of $1,000 from the Brown Bear Trust to retro fit more dumpsters. The Brown Bear Trust thinks highly of that program and really appreciates the work of the students. In future meetings he would like to discuss recycling of glass and also to make an effort, post holidays, to advertise or add temporary places for people to dump cardboard. The dumpsters after the holidays are full of cardboard boxes. He would like to encourage people to get rid of wrapping paper and cardboard boxes through recycling them. He would like to work with Threshold on this through advertising and service announcements. In the future he would like to discuss an outreach to the villages and banning plastic bags from Kodiak Island. He also requested a tour of the landfill. Mike Shrewsbury — He thanked the board for their compliments on getting the residential roll offs hauled more often. This makes more space to throw your trash. Piggy backing the high school welding class, they were able to get three more lids done this first semester for materials that were purchased in the spring. With the Brown Bears Trust help we are going to continue. Dennis Symmons —This was a good meeting. Thanked Stephanie Mason for being part of Threshold. It takes someone very special to be in that position. You sound like you know what you have gotten yourself into. He thanked Dora Cross, the Borough Finance Director for attending the meeting. It was good to hear the board compliment the contractor, Alaska Waste on their job well done. Also compliments to the Borough staff on a good job. Bob Gray— He didn't feel the board had any right to be accusatory toward Stephanie Mason of Threshold. He offered his apology to her as he felt it was unacceptable what happened to her here tonight. We as a board do not have the right to accuse anybody. Scott Arndt — He welcomed Stephanie to Kodiak and looked forward to her attending the meetings and helping in what we do. He also thanked Alaska Waste and noticed in the last six months that there were no garbage issues around the dumpsters. He looks forward to pulling Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 348 of 349 AGENDA ITEM #18.A.1. the cardboard from the tipping floor. With the dumpsters not being so full it would be easier to pull the cardboard out. Nick Szabo— He thanked Stephanie for coming to the meeting and welcomed her to Kodiak. He thanked the Borough staff and realized it was difficult to put the RFP and Contract together. Meeting Schedule The next regular meeting was to be determined. Adjournment ARNDT moved to adjourn meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 7:30 p.m. SUBMITTED BY: Any Clay, Secletary KIB Engineering/Facilities Department APPROVED BY: Nickzabo, Chair Solid Waste Advisory Board Date: 0-1/3/17 Date: 0Y ` Fire Protection Area No. 1 Board Regular Meeting Minutes of ... Page 349 of 349 �y 1 L 1. 1, ,1,N �ce aU G 4 =I a 4. RCAC Regional Citizens' Advisory Council / "Citizens promoling envirnnlnenlally sale operalial of the Alyeska terminal and asslxialed linkers. In Anchorage: 3709 Spenanl Road / Suite 100 / Anchorage Alaska 99503 /19071277-7222 / IAX 1907) 277-4523 In Valdez: RO. Box 3089 1130 South Meals / Suite 102 / Valdez, Alaska 99686 / (907) 834.501A1 / PAX (907) 035.5921 MEMEERS January 9, 2017 Ala,ka 51mu Avoidance Areas (Tamhrl ul Culnmonc c/o Mark Janes P.O. Box 191 n,11gmhAbda Seldovia, AK 99663 Cngxnalinn Email: mark@nukaresearch.com f tly IN C,xalna Re: Comments to the Alaska Regional Response Team on Dispersant Use Lily n11Jmlx•, Avoidance Areas in the Prince William Sound, Cook Inlet, and Kodiak Subareas l Ily d xlxliak The Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) is an 01y,Ns,a(knia Independent, non-profit corporation whose mission is to promote environmentally safe operation of the Valdez Marine Terminal and associated cay.,,, Smart tankers. Our work is guided by the Oil Pollution Act of 1990 and our contract with Alyeska Pipeline Service Company. PWSRCAC's 18 member organizations my of VA,W are communities in the region affected by the 1989 Exxon Valdez oil spill, as well as commercial fishing, aquaculture, Native, recreation, tourism, and aly,dwmlm., environmental groups. omlmunily W PWSRCAC provides the enclosed comments to the U.S. Coast Guard (USCG), C6enel;a &1y Environmental Protection Agency (EPA), and the Alaska Department of Environmental Conservation (ADEC), on behalf of the Alaska Regional tommuniry of Response Team (ARRT) in response to the USCG's November 2, 2016 news 1,1111kk release. The news release solicited public input to help guide developing Dispersant Use Avoidance Areas within the Preauthorization Area required by H A"ou'n Unit the Dispersant Use Plan For Alaska signed January 2016. PWSRCAC appreciates the opportunity to provide input on identifying areas where dispersants are kmal Pe"alw1a not recommended, and hopes the Dispersant Use Avoidance Areas Technical ulx'luxli Committee finds that the sites selected merit additional consideration prior to using dispersants. W.I. k bland 11u,uul;ll Our comments focus on a discussion of the oceanography in the areas of Prince William Sound, Cook Inlet, and Kodiak Subareas, as well as a discussion h'A'A Village Map"' A,.,xi.11nln on the significance of seamounts, continental slope areas, troughs, canyons, and banks. Attached to these comments are the Areas to be Avoided Public I 1.1 51,41 Rvgum Input Forms for 17 areas in these three subareas. f,nnlmnunuel t whlun, As you may be aware, the council in 2006 adopted the position against the use of dispersants in the Exxon Valdez region. However, PWSRCAC acknowledges 15x1 (,rN„1„ anal int that the decision on whether or not to use dispersants is complex and can have significant, long-term impacts on the environment, and cautions that Ihln,r yv4oa,1, SIInn11 these decisions are based on the best available science for decision -makers. An understanding of ocean physics, marine ecosystem dynamics and the I IIIIMN.IIillil f Page 1 of 2 600.105.170109.ARRTdispUseAvold effects of oil and dispersed oil on individual organisms is critical. As our comments indicate, the areas 24 nautical miles off shore to 200 miles off shore are highly biologically productive, and are the same areas where oil or dispersed oil would be transported by vertical upwelling and horizontal currents. In addition to consideration of the areas nominated for the Dispersant Use Avoidance Area in the Preauthorization Area, PWSRCAC recommends that a plan for long-term studies be developed to document and better understand areas where the use of dispersants is considered. PWSRCAC recognizes the efforts by the ARRT to update the Dispersant Use Plan For Alaska, and looks forward to providing input based on our over 25 years of experience in oil spill prevention and response planning. Thank you for considering these comments. Please feel free to contact me at 907-834- 5070 with any questions or if any of our comments need clarification. Sincerely, Donna Schantz Executive Director Cc: Mark Everett, USCG, ARRT Co -Chair Chris Field, EPA, ARRT Co -Chair Kristin Ryan, ADEC Co -Chair CDR Joe Lally, USCG LCDR Matthew Hobbie, USCG LT Jason Scott, USCG Page 2 of 2 600.105.170109.ARRTdispUseAvoid w ILL / I M so RCAC It° Regional Citizens' Advisory Council Proposed Avoidance Areas for the use of chemical dispersants within Preauthorized Areas of the Prince William Sound, Cook Inlet, and Kodiak Subareas January 9, 2017 Prepared for the Prince William Sound Regional Citizens' Advisory Council by Pegasus Environmental Solutions -Alaska Proposed Avoidance Areas: The following list contains areas nominated for inclusion in the Dispersant Use Avoidance Areas in the Preauthorization Area. The Preauthorization Area is defined in the Dispersant Use Plan For Alaska dated January 27, 2016, whose boundaries are based on the common shipping routes of crude oil vessels. The inner boundary begins at 24 nautical -miles (NM) offshore, extending southerly to the Exclusive Economic Zone 200 NM offshore, and northerly 100 NM north of the Aleutian Island chain. Note separate Areas to be Avoided Public Input Forms are being submitted with this cover document for each area nominated. List of Areas Nominated 1. Prince William Sound (PWS) Subarea a. Hinchinbrook Canyon b. Montague Trough c. Contingency Shelf Brief and Slope (in all Subareas) d. Gulf of Alaska Seamount Province: Giacomini and Quinn Seamounts 2. Cook Inlet (CI) Subarea a. Resurrection Trough b. Amatuli Trough c. Portland Bank (also in Kodiak Subarea) d. Continental Shelf Break and Slope (in all Subareas) 3. Kodiak Subarea a. Portlock Bank (also in Cl Subarea) b. Stevenson Trough c. North Albatross Bank (also known as Marmot Flats and Lock Island Bank) d. Chiniak Trough e. Middle Albatross Bank f. Barnabus Trough g. South Albatross Bank h. Continental Shelf Break and Slope (in all Subareas) i. Patton Seamount Province: Patton Seamount Page 1 of 17 1. Introduction There is a great deal more about ocean physics, the marine ecosystem, and the effects of oil and dispersed off on individual organisms that need to be understood when making decisions about using chemical dispersants in the "Preauthorization Area." Robust scientific research is essential to understanding the risks of chemical dispersants and impacts on ecosystems and organisms, especially in the off shore area of the Gulf of Alaska. The density of biological and oceanographic data declines rapidly with the distance off shore and depth. Information generally falls into two categories: it is either large scale gathered by aerial or satellite remote sensing, or it is at very specific transects or survey grids. A synthesis and integration of biological and oceanographic information into a coherent ecosystem picture is crucial when asking the question: "Is this area at risk from dispersant application in an oil spill?" The areas of greatest productivity are also where oil, or dispersed oil, would be transported by both vertical (upwelling) currents and horizontal ones (Alaska Gyre, the Alaskan Stream, and Alaska Coastal Current (ACC)). The areas Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) identifies where dispersants should be avoided fall into three general categories: 1. Seamount and continental slope areas; 2. Glacial sea valleys (also known as troughs or canyons) in the continental shelf; and 3. Relatively shallow, flat areas between canyons (banks). 2. Oceanography of northwestern Gulf of Alaska The oceanography of the northwestern and Central Gulf of Alaska (CGOA) is a complex blend of deep, sub -surface, and surface currents. These currents combine to influence the tremendous productivity of the north Pacific. This productivity starts with a deep, dense, nutrient -rich current which brings nutrients from equatorial waters across the abyssal plain into the CGOA. In that area, a blending of ocean physics, weather, and tidal factors creates an anti -cyclonic circulation (Alaska Gyre) north of the West Wind Drift (see Figure 1). The Alaska Current is a typical eastern boundary current, rich with eddies and meanders. At the head of the CGOA, the Alaska Current turns southwestward following the isobaths. This is the beginning of the Alaskan Stream, the western boundary current of the Alaska Gyre. Near the southwestern edge of Kodiak Island (-1550 W), the Alaskan Stream is a narrow (-50 km), high speed (>50 cm s-') current that flows southwestward along the slope of the Alaska Peninsula and Aleutian Islands to 1800 W, where the Aleutian Arc turns northwestward. The ACC, driven by winds and freshwater runoff, dominates circulation of the shelf and controls the transport of dissolved substances and planktonic material across the shelf (Stabeno 2004). Page 2 of 17 6014 1V��I� Bering Sea / Y � � 55° IS. Stt aid a.°° West WinOAE41t 170° 160° 150° 140°W 13M Figure 1: Shallow Currents in the Gulf of Alaska (Stabeno, 2004, Figure 1) Figure 1 diagrams the major shallow currents contributing to the mixing of nutrients along the continental shelf. Throughout Southeast Alaska and the Central Gulf of Alaska, the ACC is very low density (salinity) within a shallow, near -shore, surface layer (Stabeno 2004, Mundy 2005). A coastal current with a marked freshwater core is evident along the Alaska coast from Icy Point to Unimak Pass. Along its course, the current is impacted by both broad scale cross -shelf Ekman transport and episodic entrainment from the slope, as well as by topographic steering at a variety of sites, including Kayak Island, Hinchinbrook Canyon, and Amatuli Trough (Figure 2). The large freshwater discharge from numerous rivers and streams along the mountainous Alaska coastline is confined along the coast by downwelling favorable winds. This combination provides a strong density -dependent signal to the ACC. While thousands of conductivity -temperature and depth (CTD) casts have been made in the CGOA, only two sites (separated by —500 km) on the shelf have sufficient data to evaluate a seasonal signal. The longest record exists at GAKI. (the innermost station on the Seward Line) which has been maintained by the University of Alaska since 1970. The second site is at Cape Kekurnoi, the exit of Shelikof Strait, which has been maintained since 1984. Both stations are near shore and thus are impacted by the low salinity water of the ACC (Stabeno 2004). There is a strong consensus that most nutrients on the CGOA continental shelf come from the nutrient -rich waters off the continental slope. However, some nutrients, especially iron, are contributed by the fresher waters of the ACC. Topographic steering is a major factor in determining where the deep ocean nutrients rise into the photic zone. Most residents of coastal Alaska are accustomed to hearing weather forecasts predicting more extreme winds "through bays and passes". Similar physical drivers affect the upwelling and movement of nutrient -rich waters up the continental slope and through its many glacial troughs and canyons. Similar upwelling, eddies and turbulence occur when currents meet volcanic seamounts. With sufficient Page 3 of 17 sunlight (e.g., summer), phytoplankton grow using the available nutrients and produce chlorophyll. Chlorophyll can be measured by the SeaWIFS satellite (Hermann et al., 2009). Geophysical modeling shows strong upwelling along the continental slope concurrent with the outer edge of the productive zone (green, yellow and red in Figure 2). Note the outlying spots of productivity (green) in the otherwise blue CGOA. These correspond to the Giacomini and Patton Seamounts. Figure 2: Seafloor bathymetry including prominent features in PWS, CI and Kodiak Subareas. Zimmermann, 2015 Figure 2 illustrates most of the bathymetric features proposed for avoidance of chemical dispersant use. Nutrients approach the continental shelf from the deep blue waters of the abyssal plain and are mixed with the coastal currents on the shelf. Some nutrients are transported up the shelf in sea valleys, also known as canyons or troughs, and into coastal features such as Prince William Sound (PWS) and Cook Inlet (CI) (yellow color or intermediate depths in Figure 2). A series of shallower, relatively flat banks (shown in red) are seen between the sea valleys which historically are areas of high productivity of commercial and forage fishes. 3. Seamounts There are two chains of volcanic seamounts extending across the 200 NM of the outer line of the Preauthorization Area (Figure 3). The Gulf of Alaska Seamount Province starts with Giacomini and Quinn Seamounts in the southeast corner of the PWS Subarea and extends southeast toward the Alaska/ British Columbia border. Patton Seamount, the oldest and tallest of the Patton Seamount Province, sits in the southeast corner of the Kodiak Subarea. This seamount province extends southeast to a current hotspot off the Oregon coast. Page 4 of 17 Figure 3. Seamounts of CGOA. Seamounts of the GOA and Patton Seamount Provinces are shown. Outer contours of the continental slope, and Exclusive Econimic Zone (EEZ) help delimit the "Preauthorized Area". (Maloney 2004, Figure 1) In ways similar to the Aleutian Islands making their own weather, seamounts perturb the nutrient -rich water flowing around them. Primary productivity shown by the SeaWIFS satellite data (Figure 4) is significant around the seamounts, thus, documenting the rise of nutrients into the euphotic zone shows there is significant primary productivity in the euphotic zone above these seamounts. Figure 4. Primary production, as measured by chlorophyll production, is shown in this SeaWIFS image. Like Figure 3, it shows the CGOA including GOA and Patton Seamount Provinces. The primary production around the seamounts is shown as green. (Proctor 2005, Figure 1) An initial survey of commercial fishing potential (Hughes 1981) found harvestable quantities of some species, most notably sablefish, in midwater trawls as shallow as 12 m - 33 m. A variety of benthic fish and shellfish species were also found. A more recent survey (Maloney 2004) concentrating on sablefish and longline gear confirmed the presence of sablefish, and determined the populations to be mostly male greater than five years in age. a. Gulf of Alaska Seamount Province. Giacomini Seamount is the only major seamount within the PWS Subarea "Preauthorization Area." It is located 40 NM west of Quinn Seamount and approximately 198 NM east southeast of Cape Chiniak (Kodiak Island), Alaska. Giacomini Seamount's center is positioned at lat. 56'27'30"N, long. 146'24' 00" W. Giacomini rises from abyssal plain depths exceeding 3,600 m to within 640 m of the ocean surface. Giacomini has a rather symmetrical flat-topped shape comprised of about 20 NM= of surface area at depths primarily of 640 m to 730 m. The substrate is predominantly soft with scattered rock pinnacles. Quinn Seamount is within the 200 NM limit but is just east of the eastern edge of the Preauthorization Area. It is located 33 NM west northwest of Surveyor Seamount and Page 5 of 17 approximately 220 NM south of Cape St. Elias (Kayak Island), Alaska. Quinn Seamount's center is positioned at lat. 56'18' 18" N, long. 145'13'07"W. Quinn rises abruptly from abyssal plain depths of about 3,600 m to within 659 m of the ocean surface. The top is rather oval, measures 3 x 4 NM, the surface being 730 m - 820 m below the surface. This seamount is characterized by considerable soft sediment, an apparent absence of rock pinnacles, and extremely steep edges which plunge to the abyssal plain. b. Patton Seamount Province. Patton Seamount is major seamount within the Kodiak Subarea Preauthorization Area. It is located 175 NM southwest of Giacomini Seamount and approximately 166 NM southeast of Cape Sitkinak (Sitkinak Island), Alaska. Patton Seamount's center is positioned at lat. 54'34'22"N, long. 150'29'30" W. Patton rises from abyssal plain depths exceeding 3,500 m to within 168 m of the ocean surface at the northeast corner of the seamount's top. The topographical features of Patton are much different from other major seamounts in the Gulf of Alaska. The top measures 4 x 6 NM; however, the surface area consists of an endless series of rocky mountain peaks and canyons ranging from 180 m to 900 m depths. Areas at depths less than 470 m are primarily mountain peaks. Areas of relatively flat and soft substrate are uncommon but occur mainly over the southwest quadrant. Figure 5. Multi -beam sonar bathymetry map of Patton Seamount (Huff 2005, Figure 1) As shown in Figure 5, the volcanic origin of the Patton Seamount is clearly evident. These general geological features are typical of other seamounts in CGOA. Page 6 of 17 Depth Figure 6. Depth distribution and species composition of three assemblage groups on Patton Seamount. (Huff 2005, Figure 3) A 2005 survey of faunal assemblages on Patton Seamount by Huff and Stevens found three depth communities. A shallow (151 m -950 m) was quite aggregated. The mid -depth community (400 m -1,500 m) had similar structure to the shallow community. The deep community (500 m - 3,375 m) had no distinct aggregations and consisted of species broadly distributed over depth ranges (Huff, 2005). Figure 6 compares the species and their abundance within these three depth assemblages. Unlike geothermal vents, these data show greatest faunal density nearest the primary and secondary production in the euphotic zone above the seamounts. In 2011, McNight and coworkers used data logger technology to track the movements and behavior of post -breeding black -legged kittiwakes. They found about one-third of the population stayed at relatively near shore locations in the CGOA, and about one-third migrated to coastal areas in the Pacific Northwest. What was most surprising was that the remaining one-third over -wintered near seamounts well off shore. Page 7 of 17 1601w 140 120 100' Figure 6. Kernel density map of black -legged Kittiwakes exhibiting three different wintering strategies. (McKight 2011, Figure 3) Kittiwakes are shallow diving seabirds, so they must be feeding on forage fish near the surface in these over -wintering areas. A number of prominent oceanographers and sea lion ecologists (NAS 2003, Mundy 2005, Trites 2007) assessed the role of production at the bottom of the food chain in the persistent decline of Steller sea lions. Their strong support for this hypothesis suggests high importance for protecting sites of high primary and secondary production such as the shelf break and seamounts. As research indicates the area around seamounts provides abundant productivity, the use of dispersants in these areas is not recommended. Avoidance Areas for each seamount should include the full seamount which is approximately 30 NM across at the base. 4. Continental Shelf Break and Slope The continental shelf break and slope are central to making the CGOA one of the most productive marine ecosystems in the world (Stabeno 2004, Mundy 2005). This is where nutrients being carried north along the abyssal plain are first subject to topographic steering toward the surface. Different oceanographic teams favor the following mechanisms for the mixing of this nutrient -rich water onto the shelf (Schroeder 2007): • Nutrients transported from central Gulf of Alaska in the Ekman Layer (Stabeno et al. 2004) • High nutrient water is brought onto the shelf in the bottom boundary layer triggered by the weakening of the alongshore geostrophic transport (Weingartner et al.) • Surface offshore flow due to alongshore pressure gradients and entrainment cause onshore flow in the bottom (Royer et al) • Increased salinities and nutrients measured in Hinchinbrook Canyon (Childers et al.) • Large anticyclonic eddies can enhance shelf -slope exchange and promote upwelling (Okkonen) The Topex/Poseidon/Jason/ERS satellite provides precise measurement of sea surface height which allow eddy kinetic energy to be calculated which in turn equates to mixing energy. Page 8 of 17 - .. ALASKA .� aROLu IN N i cr><urJem V ` WA6:Y1(�TGY 50 OREGON G�IiOFNC 40 O 30` 0:5:1360 .O:;U _YYYY� 151N: iU 111 In Figure 6. Kernel density map of black -legged Kittiwakes exhibiting three different wintering strategies. (McKight 2011, Figure 3) Kittiwakes are shallow diving seabirds, so they must be feeding on forage fish near the surface in these over -wintering areas. A number of prominent oceanographers and sea lion ecologists (NAS 2003, Mundy 2005, Trites 2007) assessed the role of production at the bottom of the food chain in the persistent decline of Steller sea lions. Their strong support for this hypothesis suggests high importance for protecting sites of high primary and secondary production such as the shelf break and seamounts. As research indicates the area around seamounts provides abundant productivity, the use of dispersants in these areas is not recommended. Avoidance Areas for each seamount should include the full seamount which is approximately 30 NM across at the base. 4. Continental Shelf Break and Slope The continental shelf break and slope are central to making the CGOA one of the most productive marine ecosystems in the world (Stabeno 2004, Mundy 2005). This is where nutrients being carried north along the abyssal plain are first subject to topographic steering toward the surface. Different oceanographic teams favor the following mechanisms for the mixing of this nutrient -rich water onto the shelf (Schroeder 2007): • Nutrients transported from central Gulf of Alaska in the Ekman Layer (Stabeno et al. 2004) • High nutrient water is brought onto the shelf in the bottom boundary layer triggered by the weakening of the alongshore geostrophic transport (Weingartner et al.) • Surface offshore flow due to alongshore pressure gradients and entrainment cause onshore flow in the bottom (Royer et al) • Increased salinities and nutrients measured in Hinchinbrook Canyon (Childers et al.) • Large anticyclonic eddies can enhance shelf -slope exchange and promote upwelling (Okkonen) The Topex/Poseidon/Jason/ERS satellite provides precise measurement of sea surface height which allow eddy kinetic energy to be calculated which in turn equates to mixing energy. Page 8 of 17 59.0°N 57.0°N 55.0'N 53.0•N 51.0°N 49.0% cm=/S2 1654W 155%N 1450W 1350W 125°W Eddy Kinetic Energy IW 150 1`0 150 I]0 I10 100 W W m W 50 w X sa Figure 7. Eddy Kinetic Energy averaged over October 1993 -October 2007 calculated from satellite altimetry (Mundy 2010, Figure GA -12) As shown in Figure 8, the greatest mixing energy occurs along the outer break in the continental shelf. The greatest mixing occurs in the eastern and central CGOA with isolated areas with high mixing energy further west along the shelf break. Satellite -tracked drifters verify the convoluted tracks of near -surface currents in the winter. Figure 9 shows the actual and averaged tracks for two drifters released just off the edge of the shelf. The western drifter followed the continental shelf while staying just off the shelf break. Its convoluted movement is due to eddies and turbulent mixing. East wn0ily Figure 8. Convoluted tracks of satellite tracked drifters in eastern and western GOA. Drifter's drogue at 30 m. The chlorophyll signal in Figure 10 shows the Yakutat eddy has significant primary production even while significantly outside the shelf break. Page 9 of 17 [. i 55'N 77; - W71 fir I ' 1551W 150'W 145'W 140'W 135'W Figure 9. Surface chlorophyll from SeaWIFSdata composited over 27-28 April 2003. The white arrow marks the Yakutat eddy. (Ladd 2005, Figure 6) Figures 8-10 provide strong evidence that the initial mixing of deep ocean nutrients occurs outside the continental shelf break, along the continental slope. Two large Exxon Valdez Off Spill Trustee Council funded projects (Platt 2002, Day 2004) documented the importance of the abundance and location of forage fish populations to the health of seabird and fish eating marine mammal populations. In 2005, Hunt et al. published a study comparing the breeding and non -breeding seasonal distribution and prey consumption of several species in the Gulf of Alaska. 2,272 nauLs Figure 10. Location of recorded Alaska pollock hauls for domestic and foreign trawlers during the fall (i.e. non -roe season) (NAS 2003, Figure 5.11c) For their analysis of the reasons for the decline of the western population of Steller sea lions, the National Academies of Science (NAS) committee estimated removals of Alaska pollock during the initial period of the decline. The fall fishery was chosen because at that time the spring roe fishery occurred primarily in Shelikof Strait. The data shown in Page 10 of 17 Figure 11 is for the 2,212 hauls documentable for fall 1984. Note that most of the harvesting effort was focused along the outside of the shelf break on the continental slope; presumably this is where the most fish were being harvested. Application of chemical dispersants for oil spill response should be avoided in the entire shelf break and continental slope area for all subareas as these areas are some of the most productive marine ecosystems in the world. 5. Troughs and Banks As shown in Figure 12, the continental shelf throughout the PWS, CI, and Kodiak Subareas is a series of alternating deep glacial sea valleys and rounded ridges or banks. Like glacial valleys on land, sea valleys are also called canyons and troughs depending on the topography. Ocean banks are often rich fishing grounds due to upwelling of a tidal influx of nutrients. Banks are usually comparatively flat and shallow compared to the surrounding sea valleys. As discussed in the section on oceanography of northwestern Gulf of Alaska, the greatest upwelling and mixing turbulence occurs on the western side of the CGOA. The highest productivity banks are Portlock Bank and Northern Albatross Bank (also known as Marmot Flats or Long Island Bank). These have a long history as rich commercial fishing grounds, especially for halibut, Pacific cod and Alaska pollock. 154'W 152'W 1501W 1481W 146-W 144W M mato =47, �.m ®.w nm 6[1 N �m Biu � In 59'N = ��uor �r��Mtl,aspe Kena PeNnlule (+, � Sewn I COM� k1Nf 16 R(,� • �... tj v -J ...ALASKA =9 —✓Gulf 6fAlssks 154'W 152W 1501W 148'W 146'W 144W Figure 11. This is a duplicate of Figure 2 Seafloor bathymetry including prominent features in PWS, Cl and Kodiak Subareas. (Zimmermann, 2015, Figure 2) Page 11 of 17 Figure 12. Average surface chlorophyll from SeaWIFS data for the late July 1998-2002. Values near the coastlines are less reliable due to combination of color signal by sediment (Hermann 2009, Figure 2) As indicated in Figure 13, the highest primary production measured by the SeaWIFS data was above the troughs and banks of the continental shelf in the northern part of the Kodiak Subarea. Figure 14 illustrates that salinity and chlorophyll measurements across Portlock Bank showed a high degree of stratification with primary production directly above Portlock Bank. Cast: 0 40 n w 120 o too zoo 0 40 m o !f0 � l20 oleo 2D0 Core Point CTD .cetlons of We -cr Density and Chlorophyll 27 2n 25 24 23 22 0 40 so 120 160 200 x (KM) Figure 13. Vertical sections along the Gore Point line where it crosses Portlock Bank in 2003. Salinity and chlorophyll were measured from the surface to 200 m. (Proctor 2005, Figure 5b) Page 12 of 17 154°W 1500W PUNT 58°N 57°N Figure 14. Trajectories of satellite -tracked drifters (depth of drogue — 40 m). Convoluted flow along the Kenai Peninsula and over Portlock Bank. (Stabeno 2004, Figure 10b) The drifters used to depict trajectories in Figure 15 show a tendency to congregate over Portlock Bank as would nutrients and less motile larval and prey species. In their forage species report for the North Pacific Fisheries Management Commission (NPFMC), the National Marine Fisheries Service (NMFS) Alaska Fisheries Science Center reported on the distribution and abundance of over 50 forage species (Ormseth 2014). Figure 16 is an example of just one species, eulachon. The fish were spread widely along the continental shelf, including several off shore areas of significance. wwn,n xoo,-mio n..�crue nw»ri m. m,r or uss Page 13 of 17 Figure 15. Mean bottom trawl survey CPUE (kg/hectare) of eulacon in the CGOA 2007-2013. Grid cells are 40 x 40 km. (Ormseth 2014, Figure 7) Both the banks and troughs throughout the Kodiak Subarea support major commercial and substance fisheries (Mundy 2005). Juvenile fish and forage fish species in turn are necessary for the health of numerous fish eating sea bird and marine mammal species (NAS 2003, Mundy 2004, Mundy 2010). Members of the Auk family made up the vast majority of bird carcasses retrieved from areas oiled by the Exxon Valdez oil spill (Hunt 2009). In an effort to determine the post breeding season distribution of two Auks, common murres and tufted puffins, satellite transmitters were implanted in these deep diving seabirds (Hatch 2000). As shown in Figure 17, common murres tagged at the Barren Islands (East Amatuli Island) stayed within a 100 km radius of the islands for the duration of the study. Movements were mainly in a north -south direction, ranging from the mouth of Kachemak Bay to waters around Marmot Island. In contrast, tufted puffins ranged 100 km west and more than 150 km east of West Amatuli Island (Hatch 2000). Many of those foraging trips to the east were to the waters over Portlock Bank (Hatch unpublished results). VT J 20 0 20 Kadmmek KMDM Bay ! M B Ke" 0 o^ @ m 9 W. AM" iw"d y oa iD SNYsk WWW uo4. u Ak9nak W" 9 ftiM o °Bo o� a �• f a FenWw k1a11110 b*M Figure 16. At -sea distribution of Common murres from East Amatuli Island by sex, 17 July -21 September 1995 (Hatch 2000, Figure 2) Using more traditional survey techniques, a study was undertaken to determine the location and prey choices of a number of diving and surface feeding marine birds (Hunt 2005). Three findings of the study include: 1. Both in "summer" and in "winter," the consumption of prey by marine birds over continental shelf waters was much greater than that over the basin of GOA; 2. Seabird densities in both summer and winter were much greater over the southwestern shelf around Kodiak Island; and 3. Prey consumption rates were greater in the "winter" than in "summer", both on and off the shelf (Hunt 2005). Page 14 of 17 i...T. auwN., I. • o. im _ p »o:.mm %• C) 0 fid'• ° a m a. • a ueewo oaxam ury O sn s %• C) 0 ° a a. • a Figure 17. Distribution and abundance of all marine birds combined within the study regions. The left survey results from May -August; right survey results from September -April (Hunt 2005 Figure 2(. The banks and troughs from Portlock, which is also in the CI Subarea, are Stevenson Trough, North Albatross Bank, Chiniak Trough, Middle Albatross Bank, Barnabus Trough, and South Albatross Bank. The use of chemical dispersants is not recommended in any of these areas. These highly productive areas are important for many human uses of the abundant living resources, including commercial fishing, a plethora of recreational uses, and traditional and customary uses of the Alaska Natives of the area. They also provide habitat and food sources for endangered cetaceans and pinnipeds. 6. Requirements for Co -management under the Marine Mammal Protection Act (MMPA) The Marine Mammal Protection Act of 1972 as amended in 2007 (MMPA) provides for both protection of traditional and customary use (a/k/a subsistence) of marine mammal resources in Alaska and for co -management and consultation with tribal governments regarding these resources. Under MMPA Section 109(f), transfer of management authority to the State of Alaska for any species of marine mammals is prohibited unless priority is established for "the customary and direct dependence upon the species as the mainstay of livelihood." (MMPA Sec 109(f)(A)(iii)(III)). The Alaska Supreme Court has ruled that prioritizing resident's access to substance resources violates the equal rights clause (Article I, sectionl) of the Alaska Constitution. Thus, Alaska has an unusual mixture where federal rules apply to traditional and customary use of resources on federal lands and waters, while the State of Alaska manages those resources elsewhere. With respect to oil spill response planning, this applies to all federally -managed off shore waters. The 1994 amendments to MMPA included in Section 119 allow Secretaries of Commerce and the Interior to "enter into cooperative agreements with Alaska Native organizations (ANO) to conserve marine mammals and provide co -management of subsistence use by Alaska Natives." Since 1994, the NMFS and the FWS have entered into agreements with 10 ANOs involving 11 marine mammal species. In 1997, NMFS and FWS entered into an "umbrella agreement" with the Indigenous People's Council for Marine Mammals which was revised in 2006 (NMFS 2006). The "Guiding Principles" for this agreement include: A. Alaska Natives have a long history of self-regulation, based on their need to ensure a sustainable take of marine mammals for food and handicrafts. The best way to conserve marine mammal populations in Alaska is to provide full and equal participation by Alaska Natives in decisions affecting the subsistence management to the maximum extent allowed by law. Page 15 of 17 G. The best available scientific information, and traditional and contemporary Alaska Native knowledge and wisdom (TEW), will be used for all decisions regarding Alaska marine mammal co -management, to the extent allowed by law. Existing ethical principles for the conduct of research shall be applied. H. The goal of shared decision-making shall be through consensus, based on mutual respect. Opportunity will be provided for all issues of concern to be heard. Any decision-making structures created as a result of this agreement for co -management shall have equal representation of Alaska Native/Federal agency representatives unless mutually agreed upon by the parties. Marine mammals which are used by Alaska Natives for traditional and customary uses are directly affected by the impacts of oil and dispersed oil throughout the area from the coastline to the lower edge of the continental slope. The process for implementing the use of chemical dispersants in the event of an oil spill within the "Preauthorization Area" does not follow the co -management collaboration with Alaska Native tribal entities required by MMPA. Therefore, none of this area should be considered "preauthorized" for chemical dispersant application. 7. References Day, RA and Prichard, AK. 2004. 'Biology of Wintering Marine Birds and Mammals in the Northern Gulf of Alaska". EVOS Trustee Council Final Report Restoration Project 00287.314p Harwell, MA., Gentile, JH. Cummins, KW., Highsmith, RC. Hilborn, R., McRoy, P., Parrich, J. and Weingartner, T. 2010. "A Conceptual Model of Natural and Anthropogenic Drivers and Their Influence on the Prince William Sound, Alaska, Ecosystem". Human and Ecological Risk Assessment 16, 672-726. Hatch, SA. Meyer, PM., Mulcahy, DM. and Douglas, DC. 2000. "Seasonal Movements and Pelagic Habitat use of Murres and Puffins Determined by Satellite Telemetry". The Condor 102:145-154. Hermann, AJ, Hinckley, S, Dobbins, EL, Haidvogel, DB, Bond, NA, Mordy, C, Kachel, N, and Stabeno, PJ. 2009. "Quantifying cross -shelf and vertical nutrient flux in Coastal Gulf of Alaska with spacially nested, coupled biophysical model" Deep -Sea Research H 56, 3474-2486 Hughes, SE. 1981. "Initial U. S. Exploration of Nine Gulf of Alaska Seamounts and Their Associated Fish and Shellfish Resources". Marine Fisheries Review 42, 26-33. Hunt, GL Jr., Drew, GS, Jahncke, J. and Piatt, JF. 2005. "Prey consumption and energy transfer by marine birds in the Gulf of Alaska". Deep -Sea Research 1152, 781-797. Hunt, J. 2009. "Mission without a Map". Revised ed. Exxon Valdez Oil Spill Trustee Council. Anchorage, AK. 282p Huff, GR. And Stevens, B. 2005. "Faunal Assemblage Structure on Patton Seamount (Gulf of Alaska, USA)". Alaska Fishery Research Bulletin 11, 27-36. Maloney, NE. 2004. "Sablefish, Anoplopoma fimbra, Populations on Gulf of Alaska Seamounts". Marine Fisheries Review 66, 1-12. Page 16 of 17 McNight, A., Irons, DB., Allyn, AJ., Sullivan, AM. And Suryan, RM. 2011. Winter dispersal and activity patterns of post -breeding black -legged kittiwakes, Rissa tridactyla, from Prince William Sound, Alaska" Marine Ecology Progress Series 442, 241-253. Mundy, PR (ed) 2005. "The Gulf of Alaska: Biology and Oceanography". Alaska Sea Grant College Program, University of Alaska Fairbanks. 214p. Mundy, P.R., Allen, D.M., Boldt, J.L., Bond, N.A., Dressel, S., Farley Jr., E.V., Hansehnan, D.H., Heifetz, J., Hoperoft, R.R., Janout, M.A., Ladd, C., Lam, R.C., Livingston, P.A., Lunsford, C.R., Mathis, J.T., Mueter, F.J., Rooper, C.N., Sarkar, N., Shotwell, S.A.K., Sturdevant, M.V., Thomas, A.C., Weingartner, T.J., Woodby, D. 2010. "Status and trends of the Alaska Current Region, 2003-2008", pp. 142-195 In, S.M. McKinnell and M.J. Dagg [Eds.] Marine Ecosystems of the North Pacific Ocean, 2003-2008. PICES Special Publication 4, 393 p. NAS. 2003. "The Decline of the Steller Sea Lion in Alaskan Waters: Untangling Food Webs and Fishing Nets" The National Academies Press, Washington, D.C. 216p. NMFS. 2006. NMFS, FWS & IPCoMM. Memorandum of Agreement for Negotiation of Marine Mammal Protection Act, Section 119 Agreements. Ormseth, OA. 2014. 'Forage species report for thr Gulf of Alaska". Appendix 2 of the NPFMC Gulf of Alaska SAFE Report. 37p. Platt, JF. (ed) 2002 "Response of Seabirds to Fluctuations in Forage Fish Density". Final Report, EVOS Trustee Council Restoration Project (APEX) 00163.453p. PILES. 2004 Marine Ecosystems of the North Pacific. PICES Special Publicationl, 280p. Proctor, P., Cokelet, ED., Mordy, CW. and Stabeno, PA. 2005 "Surface nutrients over the central Gulf of Alaska in summer: Final report for project 030654 and 040654" EVOS Trustee Council. 15p Schroder, ID, Royer, TC..and Grosh, CE. 2007. "Ekmann pumping along the Seward Line in the Northern Gulf of Alaska". Presented at PICES 16th Annual Meeting. Stabeno, PJ., Bond, NA., Hermann, AJ., Kachel, NB., Mordy, CW., and Overland, JE. 2004. "Meteorology and Oceanography of the Northern Gulf of Alaska", Continental Shelf Research 24: 859-897 Trites, AW., Miller, AJ, Maschner, HDG, Alexander, MA, Bograd, SJ, Calder, JA, Capotondi, A, Coyle, KO, DiLorenzo, E, Finney, BP, Hare, SR, Hunt, GL, Jr., Jahnke, J, Kachel, NB, Kim, H -J, Ladd, C, Mantua, NJ, Marzban, C, Maslowski, W, Mendelssohn, R, Neilson, DJ, Okkonen, SR, Overland, JF, Reedy-Manschner, L, Royer, TC, Schwing, FB, Wang, JXL and Winship, AJ. 2007. "Bottom-up Forcing and the Decline of Steller Sea Lions (Eumeopias jubatus) in Alaska: Assessing the Ocean Climate Hypothesis", Fisheries Oceanography 16, 46-67. Zimmermann, M. and Prescott, MM. 2015. "Smooth Sheet Bathymetry of the Central Gulf of Alaska". USDC, NOAH Technical Memorandum NMFS-AFSC-287. 271p. Page 17 of 17 Kodiak Island Borough Assembly Regular Meeting Guidelines April 20, 2017, 6:30 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 David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE — Mayor Rohrer. 3. ROLL CALL KIBC 2.25.070.... 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 due to personal leave. 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 January January 19, 2017 and March 29, 2017. 19, 2017 and special meeting minutes of Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES 1IE Regular meeting minutes of January 19, 2017 and special meeting minutes of January 19, 2017 and March 29, 2017. Kodiak Island Borough Assembly Guidelines April 20, 2017 Page 1 6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) 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 4. address all remarks to the Assembly as a body and not to any member thereof 7. AWARDS AND PRESENTATIONS A. Employee Of The Quarter Award — Manager Powers B. Longevity Award — Manager Powers • Accepting: Duane Dvorak, Resource Management Officer C. PWS RCAC Briefing About Recent Oil Spill Prevention And Response That May Affect Kodiak 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 To Include Regulations For Marijuana Businesses. Clerk's note: Attached on blue paper is the original version which is before the Assembly. Version 2 is attached on yellow paper which incorporates Assembly member Smiley's changes. Recommended motion: Move to adopt Ordinance No. FY2017-27. Staff Report — Manager Powers Recommended motion: Move to amend Ordinance No. FY2017-27 by substitution (Version 2). Assembly discussion. ROLL CALL VOTE ON MOTION TO AMEND. 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. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. Kodiak Island Borough Assembly Guidelines April 20, 2017 Page 2 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2017-02B Amending Resolution No. FY2017-02 Amending The Fees Of The Kodiak Island Borough. Recommended motion: Move to adopt Resolution No. FY2017-02B. Staff Report — Manager Powers. Assembly Discussion. ROLL CALL VOTE ON MOTION. 2. Resolution No. FY2017-32 Implementing A Local Policy To Govern The Use Of Cellular Phones Of Elected Officials During Public Meetings. Recommended motion: Move to adopt Resolution No. FY2017-32. Staff Report — Clerk Javier. Assembly Discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines April 20, 2017 Page 3 C. Ordinances for Introduction 1. Ordinance No. FY2017-01A Amending Ordinance No. FY2017-01, Fiscal Year 2017 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. Recommended motion: Move to adopt Ordinance No. FY2017-01A in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Powers. Assembly Discussion. ROLL CALL VOTE ON MOTION. 2. Ordinance No. FY2018-01 Levying Taxes On All Taxable Real And Personal Property Within The Kodiak Island Borough For All The Expenses And Liabilities Of The Kodiak Island Borough For The Fiscal Year Commencing On The First Day Of July 2017 And Ending On The Thirtieth Day Of June 2018 (Fiscal Year 2018 Budget). Clerks Note: Ordinance No. FY2018-01 needs to be adopted not later than the tenth of June per KIBC 3.15.060 Date of final adoption. The Assembly may consider postponing this to the May 18 regular meeting of the Assembly for first reading with a public hearing on June 1. Recommended motion: Move to postpone Ordinance No. FY2018-01 to the regular meeting of the Assembly. wil Recommended motion: Move to adopt Ordinance No. FY2018-01 in first reading to advance to public hearing on Staff Report — Manager Powers. Assembly Discussion. ROLL CALL VOTE ON MOTION TO POSTPONE. D. Other Items — None. Kodiak Island Borough Assembly Guidelines April 20, 2017 Page 4 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) 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 4. address all remarks to the Assembly as a body and not to any member thereof 15. ASSEMBLY MEMBERS' COMMENTS Announcements — Mayor Rohrer. The next Assembly work session will be held on Thursday, April 27 at 6:30 p.m. in the borough conference room and the next Assembly regular meeting is scheduled for Thursday, May 4 at 6:30 p.m. in the borough assembly chambers. Kodiak Island Borough Assembly Guidelines April 20, 2017 Page 5 16. EXECUTIVE SESSION A. Strategies In Negotiating The Hospital Lease. Recommended motion: Move to convene into executive session to discuss Strategies in Negotiating the Hospital Lease, a subject matter that the immediate public knowledge of which would tend to affect adversely the finances of the Borough. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Borough Mayor, Assembly members, Manager, Finance Director, and Clerk's Office Staff into executive session. VOICE VOTE ON MOTION. After the vote, Mayor Rohrer recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Rohrer reconvenes the regular meeting and announces: • The Assembly discussed strategies in Negotiating the Hospital Lease and • No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines April 20, 2017 Page 6 e 1%, a a) E p W 0 Q W S N J J Q U J J O S } J m W cn inQ S (7 O S O m O Z Q J in Y a Y .. OR •w. 7 v N m '= C � O m c C 0 Q (1) C'.0 Lr) m v O. 0 � � N (Dv'0 a ro c c m d ID � X a a o..� O cO ° O �E0 N d N a . 0r-5 E CD `0 0 N 0,7 d NL 0 CL :E n o - N N ZEE U N oa E 6 E = ° `a `o N mro� a '- 0 O c '� '0 CE O N �Ir •(D m� o N N T C C _ O N N �c� Z cn Y Ww > >c N N (n -° C �% a) Z L c T ° N O _ U °° U Y U) E>1 Cf) U) o I- cW7 Z H ID o o, m N L U OF > cz � o C,. H v s 4t N ` O > W_ d V 1 O W ro m ``nn V .. 7 N T ° N C7 Q Z• j O y 11-2 ° O c Y U N E E � C o 2 CI m O Q m cn U U F W O la- ,° W 0_— zo Z LU m T N LU Z 0 C E cu N N a x 7 T c0 aa) V1 W H N L Z 2 2 3 U c c U F O LL Q O � 0 Lo m [n U) Ca to 2 2 2 2 o E 2 z Q 2 x 1 T U Cl. ~ o E 3 w r 6� z c > a� E E 3 o W ° \ O o+ o D a� E >. ° z JQ ro S U m U J U U H Q H a >. cnn U X o 2 O Z C'. O o o } �� 1� > LL O W Q N -° 0O o D (D c c > ° EOUUUJnnN> ym 2z JcE m vi •w. 7 v N m '= C � O m c C 0 Q (1) C'.0 Lr) m v O. 0 � � N (Dv'0 a ro c c m d ID � X a a o..� O cO ° O �E0 N d N a . 0r-5 E CD `0 0 N 0,7 d NL 0 CL :E n o - N N ZEE U N oa E 6 E = ° `a `o N mro� a '- 0 O c '� '0 CE O N �Ir •(D m� o N N T C C _ O N N �c� Q) bo is 'IFN 3 > N O W 7 7 N 5 2 o-.2 N C � Q m � CL n N v a w m Q N � c CD `m y X O m N co ° `o 6 .E g dd C6 j N O' m E `o o N o Q N .- N N O. ao:c n a N N U N O "O E ECD O> N O [O N a N t'C O O C '^y �vE N o y C,2 m N N O a N N r C C 'C � O O o m 'm 2 Er O z y w H E N L co C C O O > N O V� 0 U 0 0 y cn E E cn 3 F° O W z _j - o� o a °, m n ca� T0 m z Cl. m s O > U- O0 w w L "' m W y ` Q c ° ° C U Z ¢ N a L 0 j N 12 >� y L_. c U U U Cn U) I w H c a) a cu m n o° O z LL a `ro z Q a E m N > U N m o 0 Y >, C ° E m 3 Cl. I— O> � Q o n CD 0 tr o U' U U cn c4 lo— W m n O E z 2 x P � U w p o m CD 3 w r > o � o a� > o E y 3 m m O Z >cn 0 W¢ m U U J cn H>¢ H a °. W m to L � L 2 N 2 L 2 L 2 L 2 L 2 = U O F- N x m cu O Z CI. O N O > LL C (� > O W m E ✓ P x (n -° ° S O>. ca E Z Oo cO c E 3 U�L ~ VU vEi U) F M n 2 W 7 7 N 5 2 o-.2 N C � Q m � CL n N v a w m Q N � c CD `m y X O m N co ° `o 6 .E g dd C6 j N O' m E `o o N o Q N .- N N O. ao:c n a N N U N O "O E ECD O> N O [O N a N t'C O O C '^y �vE N o y C,2 m N N O a N N r C C 'C � O O o m 'm 2 Er c 0 Y m U m CL Cl) Ca D rn ro v m c 0 n v a N `I � c �o N a� c � v Q2 :3 as n > m v a m N N U � N Q N 'O a c � ro c c (E) N E O 0 E_ dd N m o E a o `o y O Q a)Ma CL s nam M ro E U N o� E E�OCD > y O mro� 0 O C '0 CE On �.z CD p, NO v c c w 4 0 `o 2¢� p z , m > \ iu E ro x i E N C C N / (i O > N V U N U) E U) 3 I -o w Z H o o [C �. m U) U d z z � m t o� O W O W a ro N N w > O 3 0 � m o E E c U z¢ U m o O Y E >, o ro 0 U U J U) Cl) F CI, W I¢— c o >, m N 2 2 2 2i 2 O> m 2 p z LL O W a d ro LU m z E Uro Cl. ^% /�� x L r t Z O �� ° U - ) Y E COto >, o H tL ¢ 0 m o U m uwi 2 2 2 O � H E E >, CU 2 z z = U (� lJ x N C o w > C ~ N 3 /^` oLL O N x a 0 0 E ZOO / o R - E E 3 CD I¢ =_ p U y � m U m J cn >. cD O H Q U F O- a 5. uwi 2 2 2 2 � x 2 j > > \ > LL O C E x o ami z O `T° E U o Y N > cn U) cn = O Li ¢ ~ U m twn F n v a N `I � c �o N a� c � v Q2 :3 as n > m v a m N N U � N Q N 'O a c � ro c c (E) N E O 0 E_ dd N m o E a o `o y O Q a)Ma CL s nam M ro E U N o� E E�OCD > y O mro� 0 O C '0 CE On �.z CD p, NO v c c w 4 0 `o 2¢� � o \ w < LU } 0 0 � k � \ « § § 0 z cn« ) \ k § � �\ �41 co lol ; LLI � \ \ En £ } R \ \ k » E E § / \ � o ) �) 9/ 2 z e o® m q 5/£ 6 5 5 =//\ 2 § \U- 0 LLJ @ z ® \) E \ < 7— \ ) z ! 6 / 4 Cl. 2 u u@ e e m @ § § ui / k § 0 | / 2 0 0. � \ < \ §ca r f § k z \ CD E \ \ ) ! ƒ > - U ) S) f f § 0 \ \ m n § £ ) £ & E § e E§ 2 ƒ \ o [ LU \. } Cl) 2 k \ ( \ 0 { ) ! a « E # 6 § 2 ® R m < % \ m k \ @ § § § k k o / § 2 /> { LL : LU \ E e ` =B ( ) ;c )$ka § .. ® ± < @ k §) § § k 0 co lol KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: A 1 � Please PRINT your name Please PRINT your name a- c' �ar��k ,✓,tel View our website at www.kodiakak.us. Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough At Its Regular Meeting Of April 20, 2017, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, May 4, 2017, At 6:30 P.M. In The Borough Assembly Chambers. PRESENTED The Employee Of The Quarter Award to Sheila Smith, Secretary III, In The Community Development Department. PRESENTED A 20-Year Longevity Award To Duane Dvorak, Resource Management Officer, In The Manager’s Office. PRESENTED A 5-Year Longevity Award To Dora Cross, Finance Director, In The Finance Department. RECEIVED A Presentation From The Prince William Sound Regional Citizens Advisory Council About Recent Oil Spill Prevention And Response That May Affect Kodiak. AMENDED, ADOPTED Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 To Include Regulations For Marijuana Businesses. ADOPTED Resolution No. FY2017-02B Amending Resolution No. FY2017-02 Amending The Fees Of The Kodiak Island Borough. FAILED Resolution No. FY2017-32 Implementing A Local Policy To Govern The Use Of Cellular Phones Of Elected Officials During Public Meetings. ADVANCED Ordinance No. FY2017-01A Amending Ordinance No. FY2017-01, Fiscal Year 2017 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects To Public Hearing At The Next Regular Meeting Of The Assembly. POSTPONED Ordinance No. FY2018-01 Levying Taxes On All Taxable Real And Personal Property Within The Kodiak Island Borough For All The Expenses And Liabilities Of The Kodiak Island Borough For The Fiscal Year Commencing On The First Day Of July 2017 And Ending On The Thirtieth Day Of June 2018 (Fiscal Year 2018 Budget) To The Next Regular Meeting Of The Assembly. CONVENED Into Executive Session To Discuss Strategies In Negotiating The Hospital Lease, A Subject Matter That The Immediate Public Knowledge Of Which Would Tend To Affect Adversely The Finances Of The Borough; INVITED The Mayor, Assembly, Manager, Finance Director, And Clerk’s Office Staff Into Executive Session; And ANNOUNCED That No Action Is To Be Taken As A Result Of The Executive Session. Vol. FY2017, No. 26 April 20, 2017 Kodiak Island Borough Assembly Newsletter