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HomeMy WebLinkAbout2014-03-04 Council Packet - Work SessionCOUNCIL PACKET DISTRIBUTION MAKE 15 PACKETS Council Meeting Date: March 4, 2014 Ma or Libra Clerk Gabriel Bo le Fire Department Mellish Deput Clerk Hall Binder Navarre Cunnin ham Schmidt City Attorney Cit Mana er Cit Planner ELECTRONIC COPY NOTICE Send out notice to Council and All with link to the Agenda & Council Packet DELIVER Council packets to Police Department Dispatch Desk. Mellish & Schmidt pick up their packets in the Clerk's Office. u A. Call to Order AGENDA KENAI CITY COUNCIL WORK SESSION MARCH 4, 2014 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.ci.kenai.ak.us B. Council Discussion of the 2013 Kenai River Dipnet Fishery Report C. City Managers Proposals for 2014 Kenai River Dipnet Fishery D. Discussion of Expenditures from Miscellaneous Legislative Funds E. Discussion of Council Member Travel F. Public Comment (limited to 2 minutes per individual) G. Adjournment All meetings are open to the public and participation is encouraged. Agendas and supporting documents are posted on the City's website at www.ci.kenai.ak.us . For additional information, please contact the City Clerk's Office at 907 - 283 -8231. THIS PAGE IS INTENTIONALLY LEFT BLANK KENAI CITY COUNCIL WORK SESSION 2013 DIP NET REPORT JANUARY 6, 2014 6:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR PAT PORTER, PRESIDING NOTES Council present: Mayor Pat Porter, R. Marquis, R. Molloy, M. Boyle, T. Bookey, B. Gabriel, T. Navarre Others present: City Manager R. Koch, City Attorney S. Bloom, City Clerk S. Modigh, Finance Director T. Eubank, Police Chief G. Sandahl, and IT Manager D. Castimore Mayor Porter began the work session at approximately 6:00 p.m. City Manager Koch provided an overview of the 2013 Dip Net Report and noted it was another large salmon run this season; however, different than previous years on the length and timing of the runs. Koch also reported on the increase in high tides this season. Most notable difference this year was the reduced amount of fish waste on the beach as a result of the disposal of fish waste required to be placed in the water and time provided for evening beach raking. Parks & Recreation Director Bob Frates reported on the operations and maintenance of the fishery and spoke in favor of the increased amount of signage placed on the beach instructing dip netters of the rules and regulations. Finance Director Eubank provided a financial report advising the City collected $440,000 in revenues, $43,000 under what was projected. Eubank reported the fishery was categorized as a separate enterprise and a new cashiering system was implemented. Eubank reviewed capital and additional expenditures versus revenues. Police Chief Sandahl provided a public safety report advising fewer citations were issued compared to previous years due to new law requiring citations to be issues in person and for an increased presence of Temporary Enforcement Officers. Council reviewed the 2013 Dipnet Report and allowed for public comment. The following items are to be discussed for the 2014 dipnet season: • Elimination of on- street parking in Old Town, July10 -July 31 • Elimination of in -park parking without a permit in Municipal Park, July 10 -July 31 Elimination of on- street parking along South Forest Drive • Management of Parking at Eric Hansen Scout Park • Management of Parking at South Forest Drive Scenic Overlook • Increased management of access to South Beach • Research & Develop Plan for to institute a no -wake Zone along VIP subdivision Council concurred to hold an additional work session to discuss the report further. Page 3 of 95 KENAI CITY COUNCIL WORK SESSION JANUARY 6, 2014 PAGE 2 The work session was adjourned at 7:20 p.m. No repared b yo 'ga—nkrj M digh, MC City Clerk Page 4 of 95 VI(i JM�W � g El �� Page 5 of 95 Table of Contents 2013 City Manager Di net Summa 1 -5 PoliceDipnet Report ............................................................... ............................... 6 -7 Parks & Recreation Report ................................................... ............................... 8 -11 PublicWorks Report ........................................................... ............................... 12 -13 FireDepartment Report .............................................................. .............................14 Finance Department Summa 15 -18 FinancialProjections ........................................................... ............................... 19 -24 Page 6 of 95 u V'��a9e " with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 �IIIII 1992 MEMO* TO: City Council FROM: Rick Koch DATE: November 12, 2013 SUBJECT: 2013 Kenai River Dipnet (Personal Use) Fishery Report The purpose of this correspondence is to transmit for your review and discussion the above referenced annual report. As detailed in the report, the City generated non -grant revenues of $440,185.00 against non - grant expenditures (current and projected) of $438,911.00, or projected revenues over expenditures of ($1,274.00). If you include grant revenues and expenditures both of these values would be increased by $233,107.00. The projected expenditures for the 2013 season (FY 2014 budget) include estimated personnel costs associated with preparations for the 2014 fishery, communication radios for the police and fire departments, a pick -up truck for the parks and recreation department, and other items shown on the attached spreadsheet. Budgeted revenues and expenditures of $483,152.00 were not achieved. As stated above, actual revenue was $440,185.00 and expenditures are estimated to be $438,911.00, or roughly $40,000, less than budget. The 2013 season, based on non -grant revenues, exhibited the greatest annual activity to date, exceeding the 2012 non -grant revenues ($362,088) by $78,097.00 or 21.57 %. The increase in revenue was caused primarily by an increase in fees. During one weekend fishery participants exceeded the largest past participation by 10% -15 %. However, the number of total transactions was slightly lower than 2012 as a result of a short, but intense, run of sockeye. As a result of the lower number of participants, the City was able to minimize the amount of overtime at all locations, with the exception of the dock. Page 7 of 95 Non -grant funded expenditures (current and projected) of $438,911.00 for 2013 exceed the 2012 non -grant funded expenditures by $76,823, or 21.2 %. City personnel again successfully responded to many challenges during the fishery this year. The higher volume of participants during the peak weekend, the Alaska Department of Fish & Game's (ADF &G)decision to make the fishery around - the -clock (24hr), and extremely high tides, were all challenges to the City's ability to provide quality services. The Administration submitted numerous requests to the Commissioner of ADF &G asking that the fishery not be opened to 24 -hour activity, but were unsuccessful in maintaining a 6AM -11PM fishery. The City undertook a new policy towards management of fish waste during the 2013 season, requiring that fishery participants either remove all fish waste from the beach or to dispose of fish waste into the waters of the Kenai River or Cook Inlet. A small number of fishery participants removed their fish whole from the mouth of the Kenai, but the majority adhered to the City's requirement that fish waste be directly deposited into the water. While it was still necessary for the City to rake the beaches with tractors and re- deposit fish waste into the water, this system appeared to work very well, and the beaches were kept free from fish waste. Fortunately, ADF &G's emergency order to increase the fishery to a 24 -hour opening came after the majority of the fish had passed into the river. If the 24 -hour opening had been in effect during prolonged periods of high - volume harvest, it may have been necessary for the City to close the beaches to public access for the removal of fish waste and to safeguard public health. No changes in fish waste management are contemplated for the 2014 season. During the 2013 season, the City contracted with a third party to install and service, 4 cubic yard dumpsters located on the north beach and spaced approximately 100 -200 yards from each other, on the beach -side of the dunes, as well as dumpsters in locations serviced in the past. On the south beach, dumpsters were evenly spaced along the beach in camping areas. The dumpsters were serviced daily and more frequently if required during periods of peak use. The readily available dumpsters resulted in fishery participants placing solid waste other than fish waste in the receptacles. As with fish waste, because the majority of the fish run had passed when ADF &G opened the fishery to 24- hours, the contractor was still able to service /empty the full dumpsters without conflict with fishery participants. This may not be possible during 24- hour openings if there are large numbers of fishery participants on the beaches from 11PM to 6AM. In the future, if 24 -hour openings occur, it may be necessary to close the beaches to the public in order to service solid waste dumpsters in a safe manner. No changes to solid waste management are contemplated during the 2014 season. In general, the fees for the 2013 season are proposed to remain in place for the 2014 season. There was confusion over the manner in which "parking days' and "camping days' were defined. In order to recognize the inherent difference in parking and camping, the following fee schedule is proposed to be utilized in 2014: Page 8 of 95 9 1. Day Use Parking (midnight to midnight) $20.00 2. Overnight Parking, includes Camping -vehicle or one tent $55.00 (before noon of first day to noon of second day) 3. Overnight Parking, includes Camping — vehicle or one tent $45.00 (after noon of first day to noon of second day) 4. Vehicle drop -off (30 minutes maximum) $10.00 5. ATV Parking (up to two ATVs) $20.00 6. Camping (noon to noon) $25.00 This year the City observed a significant increase in the number of ATV's entering City property without payment of fees. There are several camping areas on Kalifornsky Beach Road from which fishery participants drive their ATV's to the south beach. While some of these ATV's stop and pay fees at the fee stations, the majority attempt to find access to the beach in a manner that avoids paying fees to the City. In 2014 the City will enforce parking fees for ATV's. The same services, fish waste management, solid waste collection, portable sanitation, etc., are utilized by fishery participants accessing the north and south beach areas by ATV's. Additionally, we observed a larger volume of fishery participants parking in Old Town and accessing the north beach via Meeks Trail, thereby avoiding payment of fees. These participants take advantage of services provided by the City through use of toilets, collection of solid waste, and raking of fish waste on the beach. We propose severely limiting the number of on- street parking opportunities in Old Town so that participants utilize City parking lots. This same situation exists along Forest Drive and within Municipal Park by fishery participants accessing the beach via the trail from Municipal Park. We are proposing to limit parking on Forest Drive and eliminating non - permit parking in Municipal Park during the Personal Use Fishery. In 2013 the City increased cash- management controls in place at the fee stations by using computer /cash registers to generate fee receipts. The addition of cash register /computer systems provided operational controls and real -time data collection. Permanent power and communications was established to all fee stations which facilitated the use of credit cards for fee payments. No substantial changes to the City's cash- management controls are contemplated during the 2014 season. Our ability to issue citations for violations of City code was severely restricted in 2013 as a result of a decision by the Alaska Court System to require personal service of any citation. In other words we were unable to simply leave a citation on the windshield of a vehicle, or on a tent, etc. This may be addressed during the upcoming legislative session. If not, I propose that the City amend code to provide for an internal process in which the City Manager, or Chief of Page 9 of 95 Police, is a hearing officer, eliminating the use of the Alaska Court System. This is similar to the manner in which the Municipality of Anchorage and other political subdivisions provide for being able to issue citations without personal service. The boat traffic on the Kenai River taking part in the Fishery appeared to be at the greatest level observed to date. We observed unsafe conditions such as excessive speed, traveling too close to another vessel, overloaded vessels, and extremely small vessels at risk of being swamped by boat wakes. It is not clear which agency, or agencies, have regulatory authority over boat traffic on the Kenai River in the area of the personal use fishery. Administration has requested that the City Attorney research this issue. Included in this report are the departmental reports which were submitted to the city manager. In summary, I am again extremely pleased and impressed with the performance of our City employees in response to the fishery. Thank you in advance for your time and attention in reviewing this Report If you have any questions, please contact me at your convenience. attachments Page 10 of 95 FY2014 Personal Use Fishery Expenditures (Actual Projected) November 12, 2013 FY2014 Non -Grant Supported Expenditures as of October 10, 2013 Anticipated Expenditures in FY2014 - Police, Personnel -Parks & Recreation, Personnel - Public Works, Personnel - Police, Radio -Fire, Radio -Fire, RKO Rescue Skid for ATV -Parks & Recreation, 1/2 Ton 4X4 Pickup - Police, 4- Wheeler Storage Racks (2) - Finance, Software Modifications - Finance, Security Cameras (2) - Public Works, Seasonal Water Line Installation to Dock Tota I Page 11 of 95 fi $ 363,011.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 5,000.00 $ 5,000.00 $ 3,500.00 $ 27,000.00 $ 400.00 $ 1,000.00 $ 1,000.00 $ 15,000.00 $ 438,911.00 ''Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 WEN -" Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 illlli 1991 V MEMO: TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 10/18/13 SUBJECT: 2013 Dipnet Report The 2013 Dipnet fishery opened on July 10 and ended on July 31. The fishery was extended to 24 hours on July 22. In 2013, the Police Department expanded to six temporary enforcement officers (TEOs) dedicated to Police dipnet operations. Their presence and interactions with dipnet participants may have contributed to a slight decrease in calls for service from 2012. Significant 2013 Police dipnet information as follows: 137 dipnet calls for service (down from 142 in 2012). Those calls for service included: 22 parking problems, Eleven 911 misdials, 8 stuck vehicles, 8 lost /found property, 7 vehicle unlocks, 7 camping problems, 5 motor vehicle crashes, 4 Dipnet Regulation violations, 4 ATV complaints, 3 fireworks, 3 thefts, 3 traffic congestion, 3 lost /missing child, 2 harassment, 1 assault, 1 verbal dispute, and many others. TEOs wrote 12 dipnet - related citations (9 for driving in a prohibited area, and 3 for parking offenses). Alaska Wildlife Troopers had an increased and sustained presence at Kenai dipnet locations throughout the fishery. Their dedicated staffing to the personal use fishery is greatly appreciated. Kenai Beaches were closed to overnight camping starting from 12:00 am on the mornings of July 23, 24, 25. The high tides on these mornings ranged from 24 ft. to 24.6 ft. The Police Dept. staffed TEOs during the peak high tides to warn any remaining campers of impending flooding of tents /vehicles, and were able to ensure that people did not seek refuge in the dunes. In 2013, the City Code was amended with regards to allowing the disposal of fish carcasses back into the river. The Code established a $150 fine for depositing carcasses Page 12 of 95 onto the beach. The City placed an abundance of signs along the North Beach advising of carcass disposal requirements. TEOs saw very few carcasses on the beaches and they did not see anyone disposing of fish waste incorrectly. As a result, there were no citations issued for the illegal deposit of fish waste. TEOs received regular compliments and thanks from dipnetters in regards to how clean the beaches were. Salmon Frenzy, ROC the Kenai, and the Kenai Cross Country Ski Team effectively removed much of the trash left on the beach. Salmon Frenzy volunteers were once again very effective in relieving congestion on Kenai Ave. through traffic control efforts during the weekends. The two busiest days for the Police Department were Friday, July 19, and Saturday, July 20. Both of these days required hours of traffic control on Bridge Access Rd. at Boat Launch Rd. Traffic on Boat Launch Rd. was backed up to Bridge Access Rd. due to low tide boat launch closures. S. Spruce Street had very large volumes of traffic during that weekend (backed up to the ball fields), requiring extra police presence to keep traffic flowing. This was the second year that an MOA was in place between the Borough and City giving the City temporary jurisdiction of Dunes Rd. and both sides of Old Cannery Rd. for sign placement, collection of fees, enforcement of minor offenses, etc. It is recommended the City and Borough continue this MOA in future years for the benefit to residents inside and outside of the Borough who are impacted by the dipnet fishery. There is limited parking along Cannery Rd. and Dunes Rd. for dipnet participants. This was the first year of No Parking on both sides of Old Cannery Rd., which resulted in many participants parking in the Bowpicker Ln. right of way (making this right of way very congested). For the first time, dipnet participants also parked in the undeveloped subdivision off of Dunes Rd., across from Sailors Watch. The TEOs primarily utilized three different police vehicles (1 pickup, 1 Expedition, 1 sedan). On the beaches they utilized two new 4- wheelers, one Police Ranger side by side, and one Fire Department Ranger side by side. This equipment adequately enabled them to do their job, and the Police Department is not requesting any additional dipnet- specific vehicles for 2014. As with every year, officers and TEOs worked extended and /or extra shifts during peak weeks. Police personnel demonstrate remarkable care for the City during this busy time. On duty officers make dipnet locations their primary patrol areas. All six of the TEOs were rookies with the Police Department, and overall they demonstrated maturity and a strong work ethic. Police personnel adequately coordinated dipnet operations with other City Departments and with the State Troopers. We will learn from the 2013 dipnet experiences, and will continue to work with all involved City Departments to enhance City dipnet operations for 2014. c�. Page 13 of 95 7 u "Vllaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 f l l l 1992 MEMO* TO: Gus Sandahl, Chief of Police FROM: Robert J. Frates, Parks & Recreation Director DATE: October 21, 2013 SUBJECT: Parks & Recreation Dip Net Summary The Personal Use Fishery opened at 6:00 a.m. on July 10`h and closed at 11:59 p.m. July 315` Once again, preparation for the fishery began several months in advance of the season opener with particular focus on waste management, enforcement and fee shack operations. As in past years, the overall success hinges on the coordination and hard work by several City departments, including State and Federal agencies and community volunteers. Waste Management One of the management objectives going into this year's fishery was to reduce the amount of fish waste and other solid waste on the north and south beaches. Components of this strategy included placement of six, 4 -yd solid waste dumpsters on the north beach (daily service), signage, education (pamphlets) and increased enforcement. Solid waste dumpsters on the south beach were provided as in years past and also serviced daily. The above mentioned services, including portable restrooms, were again provided by Peninsula Pumping, Incorporated. The department also increased its raking of fish waste on the north and south beach. A new tractor and hydraulic rake was purchased and utilized on the north beach. The south beach was maintained with a previously acquired tractor and rake. Overall, there were limited amounts of fish waste generated on the beach, unlike year's past. Most participants complied with disposal instructions and those that didn't were appropriately dealt with by the Temporary Enforcement Officers. Efforts were made to rake the beaches twice daily during low tides. However, as the fishery got into full swing, the amount of congestion on the beaches made this difficult and the department resorted to raking between the hours of 11:00 p.m. and 6:00 a.m. Once the fishery R opened 24 -hours on July 22nd due to an emergency opening, this operation required use of personnel to serve as a "pilot car" on ATV's. There is a need for a secured equipment storage area located somewhere near the south beach. This area would be used to store the tractor with rake, ATV's and other equipment needed to facilitate maintenance and enforcement efforts. Equipment used on the north beach was stored at the Wastewater Treatment Plant. An individual made contact with the City toward the tail end of the fishery inquiring about the possibility of obtaining the fish waste collected from the north beach. He was interested in utilizing the fish waste for composting. The department facilitated this operation on a trial bases one evening, however, the volume of waste collected was not sufficient enough to make it a viable operation to continue at that time. However, perhaps in the future this process can be revisited and better defined. Overall, waste management objectives were met and a big thank you goes to the many volunteers for their cleanup efforts. Enforcement The addition of two Temporary Enforcement Officers through the Police Department allowed for increased presence and enforcement of the fish waste ordinance, in addition to, handling other issues such as littering and parking /camping compliance. This effort was supplemented by a Parks and Recreation temporary worker with a bulk of their time spent on the north beach. Monitoring of the south beach was more inconsistent for the Parks & Recreation Department although both temporary staff and full -time staff members were occasionally utilized, particularly mid -way through the fishery and during peak times. The temporary worker hired through the Parks Department to assist with camping /parking compliance on the north beach didn't start until July 19`h. She worked diligently conversing with participants, checking receipts, monitoring compliance for fish waste disposal and other related ordinances. This position also proves beneficial as a general resource for participants seeking general information, locating lost items, assisting with traffic control, etcetera. There were significantly less trash and fish waste issues this season and negative impacts to the dunes and surrounding areas were again minimized. Re- vegetation work over the years in several dune locations has proven successful and this effort should continue, in addition to, installation of fence and chain on the remaining sections of dunes. To my knowledge, the only report the department received of illegal dumping of fish waste outside the beach boundaries occurred at the dumpster located at Daubenspeck Family Park. This was an isolated case and no further problems were noted. Fee Shack Operations The computerized cashiering system in many ways made the shack attendant's job much easier and safer. Not only did it allow a more effective way to capture certain fishery data, but it allowed for credit card transactions and better internal controls coupled with increased security. Although the system is fairly comprehensive, shack operators found it to be simple and intuitive. Logistical support was only a phone call away and many times was handled over the network. Installation of permanent power and better lighting also increased safety and provided a more conducive work environment for the attendants. New traffic controls and vehicular routing at the dock seemed to have greatly increased flow and safety. It was noted by the fee attendant working the dock that the computer monitor inside the shack needs relocated as to not visually impede line of sight while observing oncoming traffic. The pedestrian closure at the bird viewing platform created some confusion to those accustomed to using this area. The closure caused participants to access the river bank near the dock facility and travel upstream along the muddy bank. Those not mindful of the tidal influx had difficulty and created unsafe conditions at times. Some confusion was expressed by participants of the fishery concerning the fee structure. Many interpreted the payment based on 24 -hours incorrectly and thought it was based on from the time of check -in, as opposed to the defined times. This was generally not an issue except those using the self -fee stations after hours. The rate increase of $5.00 over last year didn't appear to be a concern for the majority and many participants noted an increase in services, particularly how clean the beaches were. Some Participants are finding ways to avoid paying fees by accessing Meeks Trail in Old Town, accessing fee stations after hours, or by dropping off folks on the beaches, thus eliminating parking fees. A solution needs to be rendered for these scenarios. Miscellaneous The Public Works Department, through a competitive bid process, hired a contractor to provide repairs and drainage enhancements to the Meeks Trail. This work was accomplished in time for the dip net fishery. The Parks Department spent a couple days making repairs to the fence and chain on the north beach that were dislodged. This was most likely a result of winter storms and ice flow throughout the winter months. Signage in the parking lot on the north beach should be evaluated and a determination made as to what needs to be removed or replaced. Some of the signs erected pertain only to the dip net fishery and perhaps these should be removed at the completion of each season. Others have become damaged or weathered. As the fishery continues to grow and issues addressed through signage, my concern is inadvertently creating "sign pollution" for this otherwise beautiful location. Use of the overflow parking lot located at the adult softball fields received minimal use despite the two weekends that the little league field reached full capacity. The most this area received was during the beach closures through the extreme high tide series. Some folks did take the 1 f1 necessary precautions and were appreciative of the City providing an alternative camping location during this time. Overall, the 2013 fishery was fairly successful, particularly from a maintenance operations standpoint. Development and refinement of strategies and goals will continue to be discussed and improvements made where needed. I want to thank everyone involved, particularly my staff and personnel from other City departments, for their continued cooperation and dedication toward making this fishery as safe and pleasurable experience as possible. 11 "'Klla9e with a Past, Git with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 tad Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1III1,I 1992 MEMO* TO: Gus Sandahl FROM: Sean Wedemeyer 5^k/ DATE: September 27, 2013 SUBJECT: Public Works Dipnet Report The 2013 dipnet season was the busiest to date and very successful for the Public Works Departments. Each and every Public Works department and employee contributes to the City's successful management of the additional work that results from this fishery. The Streets department performed the following tasks in support of the Personal Use fishery. • Install and remove temporary signs and barricades. • Place and retrieve the 3 fee shacks. • Build gravel roads at the north and south beach access points. • Manage and staff the boating facility. • Perform additional grading and dust control on high traffic roads and parking lots. Our Streets foreman suggested and executed a plan to widen the boating facility exit road to allow for separate left and right turning lanes. This dramatically increased the flow and safety during high usage. The Streets crew used their equipment and manpower to build the road. The Building Maintenance department was very helpful with setting the piles and floats and opening and winterizing the restrooms. The Wastewater Treatment Plant was used to store equipment utilized during the fishery behind a locked gate. The Shop department responded promptly to a number of calls to fix dipnet related equipment. Page 18 of 95 19 The Water department keeps us in compliance with DEC by performing water tests on the boating facility well. My Administrative Assistant performs numerous tasks, and answers dozens of calls related to the fishery. This year I heard more compliments than I received complaints. This was in large part due to the fact that we adequately staffed the boating facility. During the peak days our entire Streets crew, in addition to the two temporary personnel, spent their entire shift staffing the facility. In the 2014 budget process I requested 3 temporary positions for twenty one twelve hour days totaling 756 hours and received approval for 336 hours. In the future I would like to adequately staff the facility with temporary lower grade personnel, freeing up the Streets crew to keep up with their routine tasks. In addition to widening the boating facility exit road and dipnet related signage, the City of Kenai completed two capital projects this year related to the dipnet fishery. Both were completed within a very tight timeframe, and each had their own unique challenges. The fee shack permanent power was competitively bid with plans and specifications generated by me to eliminate the time and money required to hire a consultant. Coordinating with HEA proved to be challenging yet rewarding as they contended with their new tariff and associated rules. The project was completed in time for the fishery, with a functional and economical design, for a reasonable subcontractor cost. The Meeks trail repair and drainage improvement project had even more difficult time restraints. The project was designed and bid in a very short time, during the busiest time of the year for construction. The contractor was required to complete the work between the dates of July 1 and July 9, the 4th of July weekend notwithstanding. During onsite collaboration between the City, the engineer, and the contractor, last minute changes were made to the design. Shortly after project completion we received two inches of rain in two hours. The trail received very minimal damage which was able to be repaired by the Streets and Parks and Recreation department. Overall it was a very successful year for the Public Works Department, thanks to the good work and dedication of my personnel. Page 19 of 95 VA "'Village with a Past, C# with a Future" toll - , 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 it 1.I Ike city of 1992 MEMO: TO: City Manager Koch FROM: Chief Tilly DATE: November 18, 2013 SUBJECT: Fire Department Dip Net Report Rick, The purpose of this memo is to summarize the Fire Department's activities during the personal use fishery 2013. As with past years, our preparation included training and re- familiarization with boating operations, forecasting tidal peaks, and in turn possibly forecasting peak weekends of dip net participants. Anticipating the peak weekends placed duty personnel on alert for additional calls and off duty members to remain vigilant for recalls. This year was especially challenging with the extreme tides we witnessed, making potential access to dip net participants either difficult or nonexistent. This pre planning every year is important as there are always subtle changes to access to beaches, improvements to access to the City Dock and also a chance to reevaluate response protocol. This year the call volume was similar to years past with the only change being a few more fires. We responded to dumpster fires on both the North and South beach and one vehicle fire on the South beach. On the medical side we responded to one seizure, one stroke, one animal bite, two muscular skeletal injuries, a fall victim and unfortunately one fatal cardiac arrest. Total: 3 Fires Total: 7 Medical calls As a participant of the dipnet fishery for many years, it is my personal observation that the boat traffic on the river was as heavy as I have ever seen. I am constantly amazed that we are not called for more boating incidents but I am happy to report that we did not respond to any reported boat accidents during the personal use fishery. Page 20 of 95 14 u "Villaye with a Past, C# with a Future" FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 ext 221 / FAX: 907 - 283 -3014 To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: October 10, 2013 Subject: 2013 Dipnet Summary Preparation for the 2013 Personal Use Fishery began in February for the Finance Department with a project to implement a computerized cashiering system. The goals of the project were to enhance the internal controls over cash taken for payment during the fishery, facilitate the acceptance of credit cards as a form of payment, facilitate the gathering and reporting of fishery user data, and to improve the safety of the cashiers by limiting the cash present in the shacks. Computerized Cashiering System Proiect Search for a commercial software solution was unsuccessful and a local programmer was hired to create a custom software solution. The software was written for a total cost of $6,600.00. Future cost for software maintenance, enhancements and support are expected to be less than $1,000 per year. Key features of the software included automatic fee calculation, credit card payment acceptance, email notification to Kenai Dispatch for cash pick -up when cash level in the shack reached preset limits, collection of participant zip code and emergency contact number, and real time reporting of all activity. In order to make this new system functional at all shack locations, significant upgrades were required. Permanent power was installed at the Dunes Road, Old Cannery Road, and North Beach shack locations at a total cost of $46,372.65. Wireless network infrastructure and computer equipment was installed at all shack locations to provide connectivity and the operating platform for the cashiering system at a total cost of $15,464.37. Permanent power and the network infrastructure made the purchase and installation of phones, other security devices, and video cameras possible. Phones and other security devices were installed in all shacks at a cost of $3,260.76. Video cameras were installed at the City Dock and North Beach at a cost of $1,331.30 to provide the Kenai Police Department (KPD) real time views of traffic at these two locations. The scope of the computerized cashiering system project grew greatly before completion. The department views the project as a success with all project objectives being met. Success of the project is due in large part to the efforts of Dan Castimore, the City's Information Technology Manager. 2013 Revenues 2013 fees increased to support increased garbage collection and beach cleaning efforts by the City. Parking and camping fees on the City's north and south beaches increase by $5.00 to $20.00 and $25.00 respectively. Boat launch and parking fees at the City's dock increase by $5.00 to $15.00 and $25.00 respectively. The time period for parking fees were changed from twelve hours beginning at the time of payment to twenty -four hours beginning daily at 5:01am and ending the next day at 5:OOam. Camping fees were charged per night and required campers to vacate their site by 12:OOpm daily. Page 21 of 95 11 2013 Finance Department Dipnet Summary Significant confusion occurred with this fee structure and the department will be recommending a change in fee structure for the 2014 fishery. The recommended fee structure will combine parking fees with camping fees for anyone who will remain on the beach after midnight each day of the fishery. A policy of no refunds by cashiers was implemented this fishery. Participants were required to request refunds by completing a form and submitting it to the Finance Department. Refunds requests were denied unless the participant could show they used no City services prior to requesting the refund and the request for refund was for reason beyond the control of the participant. As a result of this policy very few refunds were issued. The department will be recommending a policy of absolutely no refunds for future fisheries. 2013 revenues were $673,292, $42,967 less than the FY14 budgeted amount. A comparison of 2013 fishery revenue to prior years is shown below, it should be noted that the breakdown by site and service for 2013 is based upon actual transactions. Prior year transactions by site and service were estimated. The new cashiering system provides this level of detail and will enhance future revenue and fee change projections. 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 South Beach $39,490 $41,979 $23,003 $48,017 $58,876 $60,385 $64,509 $90,942 $127,265 $157,074 North Beach 73,067 73,686 43,069 78,205 90,356 113,576 120,314 133,349 148,481 177,599 City Dock 49,305 49,540 39,157 64,583 55,363 66,569 85,964 78,194 86,342 105,512 Grant Revenue 41 150 156.920 133.563 111.073 233.107 Total1&�86 $].6;;24;1 ;&795.229 $19Q80 $204 5 $ Dipnet Revenue $700,000 $600,000 $500,000 ■South Beach $400,000 •North Beach _City Dock $300,000 ■ Grant Revenue $200,000 oTotal $100,000 $ 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Data showed participants with 317 different mailing zip codes. Participants with a 99611 zip code were 5.09% of the total. Participants with a Kenai Peninsula Borough, including the 99611 zip code, were 17.27% of the total. 82.73% of participants had neither City or Borough mailing zip code. Zip codes were collected from 92.94% of all fee paying participants. Payment of fees by cash was once again the dominant method at 79.4 %. Credit cards comprised 16.5% of all fees collected and checks were the remaining 4.1%. it is expected that credit card payment percentage will grow in future years as participants become aware they can use their cards. Fees paid for credit card acceptance totaled $1,386.97 or 1.91% of fees paid by credit card. Out of a total of 261 checks received, nine checks were returned for non - sufficient funds, one was returned due to closed accounts, two were returned as refer to maker, and two were returned after the account holder stopped payment by their financial institution. As a result the City has not collected $495.00 or 2.75% of fees paid by check. The department recommends no longer accepting checks for payment of personal use fishery fees. Page 22 of 95 1 n 2013 Finance Department Dipnet Summary 2013 Expenditures Detailed budget to actual comparisons are provided. It should be noted that additional FY2014 expenditures are anticipated in support of the fishery. Additional expenditures will include hiring and training of temporary enforcement officers in June of 2014 for the 2014 fishery, repair and or replacement of dock floats, the purchase of a pick -up for the Parks, Recreation & Beautification department to support the fishery operations in future years. Capital expenditures in support of the fishery totaled $243,696 of which $233,107 was paid for by grants from the State of Alaska. The following capital expenditures were made in support of the fishery: Meeks Trail Repair $ 73,209 Purchase Tractor & Rake 49,143 ATV Purchase 20,210 Computerized Cashiering 22,064 Permanent Shack Power 46,373 Temporary Enforcement Officer Equipment 8,187 Shack Phones and Security 3,261 Signage 7,546 Boat Launch Exit Road Widening 12,372 Traffic Cameras 1.331 Page 23 of 95 17 2013 Finance Department Dipnet Summary 2013 Summary and Recommendations The 2013 fishery was a success for the Finance Department. The new cashiering system provided significant improvements in staff safety, data collection, and accuracy. The creation of the Personal Use Fishery Fund provided for more accurate expenditure tracking by departments. The following recommendations are made in preparation for future fisheries. 1. Camping fees should be increased to include vehicle parking in order to reduce participant confusion. Camping will be charged to any participant who remains on the beach after 12:00am daily. 2. A policy of no refund of participant fees should be adopted. 3. A policy of accepting only cash and credit cards for payment of personal use fishery fees should be adopted. 4. Despite the improvement made this year by the computerized cashiering system department continues to recommend a ticket based revenue system where the participant pays parking fees when exiting the beach. The fee would be based upon actual time parked. 5. Enhance the cashiering systems capabilities to include collection of participant numbers as well as zip code and emergency contact number. 6. Study the possible elimination of iron ranger fee stations and replace with shacks manned 24- hours per day and remote fee stations at overflow parking and camping areas. Page 24 of 95 1R City of Kenai Fiscal Year 2014 Financial Projections Fund: 006 - Personal Use Fishery Fund Contribution Toffrom) Fund Balance: 77,174 1,274 1,274 Beginning Fund Balance _ Ending Fund Balance $ - $ - $ 77,174 $ 1,274 $ 1,274 Page 25 of 95 ,4 Council Adopted Amended FY2014 Projected % FY 2014 Bucluet Actual Projected Variance Available Revenues Beach Parking $ 300,640 $ 300,640 $ 269,226 $ 269,226 $ (31,414) - 10.45% Beach Camping 62,850 62,850 64,838 64,838 1,988 3.16% Dock Launch & Park 85,275 85,275 91,434 91,434 6,159 7.22% Dock Parking Only 27,195 27,195 14,687 14,687 (12,508) - 45.99% PERS Grant 7,192 7,192 (7,192) 0 - 100.00% Total Revenue 483,152 483,152 440,185 440,185 (42,967) -8.89% Expenditures Public Safety $ 110,862 $ 106,812 $ 92,609 $ 112,509 $ (5,697) -5.33% Streets 68,460 68,460 42,130 48,130 20,330 29.70% Boating Facility 112,489 112,489 71,406 86,406 26,083 36.52% Parks, Recreation & Beautification 191,341 195,391 156,866 191,866 3,525 1.80% Total Expenditures 483.152 483,152 363,011 438.911 44,241 9.16% Contribution Toffrom) Fund Balance: 77,174 1,274 1,274 Beginning Fund Balance _ Ending Fund Balance $ - $ - $ 77,174 $ 1,274 $ 1,274 Page 25 of 95 ,4 City of Kenai Fiscal Year 2014 Operating Budget Personal Use Fishery Fund Summary by Line Item Council Account Expense Adopted Amended FY2014 Projected % Number Description FY2014 Budget Actual Projected Variance Available Page 26 of 95 9n Salaries and Benefits 0100 Salaries $ 84,273 $ 84,273 $ 62,455 $ 77,269 $ 21,818 25.89% 0200 Overtime 60,990 60,990 29,888 29,888 31,102 51.00% 0250 Holiday Pay - - - - 0300 Leave 1,133 1,133 - - 1,133 100.00% 0400 Medicare 2,122 2,122 1,325 1,559 797 37.56% 0450 Social Security 5,746 5,746 3,998 4,662 1,748 30.42% 0500 PERS 18,758 18,758 3,492 4,680 15,266 81.38% 0600 Unemployment Insurance 731 731 - - 731 100.00% 0700 Workers Compensation 4,690 4,690 2,764 3,264 1,926 41.07% 0800 Health & Life Insurance 9,844 9,844 5,348 5,848 4,496 45.67% 0900 Supplemental Retirement 691 691 444 544 247 35.75% Total Salaries & Benefits $ 188,978 $ 188,978 $ 109,714 $ 127,714 $ 79,264 41_94% Maintenance and Operations 2021 Office Supplies - - - - 2022 Operating & Repair Supplies 19,865 19,865 14,468 14,468 5,397 27.17% 2024 Small Tools /Minor Equipmen - - 1,331 17,231 (1,331) - 2025 Snack Bar Supplies - - - - 2026 Computer Software - - - - - 4531 Professional Services_ - - 215 215 (215) - 4532 Communications 150 150 392 392 (242) - 161.33% 4533 Travel & Transportatior - - - - - - 4534 Advertising 750 750 - - 750 100.00% 4535 Printing & Bindinc 5,500 5,500 3,814 3,814 1,686 30.65% 4536 Insurance 881 881 881 881 - 4537 Utilities - - 83 83 (83) - 4538 Repair & Maintenance - - - - - 4539 Rentals 77,747 101,634 111,056 111,056 (9,422) -9.27% 4540 Equip. Fund Pmts. - - - - - 4541 Postage - - - - 4666 Books - - - - - 4667 Dues & Publications - - - - - 4999 General Contingency 47,481 23,594 - - 23,594 100.00% 5041 Miscellaneous 7,500 7,500 7,500 7,500 - - 5045 Depreciation - - - - - - 5047 Grants to Agencies - - - - - Total Maint. and Operations $ 159,874 $ 159,874 $ 139,740 $ 155,640 $ 20,134 12.59% Capital Outlay & Transfers 8061 Land - - - - 8062 Buildings - - - - - - 8063 Improvements 30,000 30,000 9,257 24,257 20,743 69.14% 8064 Machinery & Equipmen - - - 27,000 - - 9090 Transfers 104,300 104,300 104,300 104,300 - - Total Capital Outlay and Transfers $ 134,300 $ 134,300 $ 113,557 $ 155,557 $ 20,743 15.45% Department Total: $ 483,152 $ 483,152 $ 363,011 $ 438,911 $ 120,141 24.87% Page 26 of 95 9n Account Expense Number Description 8061 Salaries and Benefits 0100 Salaries 0200 Overtime 0250 Holiday Pay 0300 Leave 0400 Medicare 0450 Social Security 0500 PIERS 0600 Unemployment Insurance 0700 Workers Compensation 0800 Health & Life Insurance 0900 Supplemental Retirement Total Salaries & Benefits Maintenance and Operations 2021 Office Supplies 2022 Operating & Repair Supplies 2024 Small Tools /Minor Equipmen '025 Snack Bar Supplies J26 Computer Software 4531 Professional Services 4532 Communications 4533 Travel & Transportatior 4534 Advertising 4535 Printing & Bindinc 4536 Insurance 4537 Utilities 4538 Repair & Maintenance 4539 Rentals 4540 Equip. Fund Pmts. 4541 Postage 4666 Books 4667 Dues & Publications 4999 Contingency 5041 Miscellaneous 5045 Depreciation 5047 Grants to Agencies Total Maint. and Operations City of Kenai Fiscal Year 2014 Year to Date Actual Fund: 006 - Personal Use Fishery Fund Department: 21 - Public Safety Council Adopted Amended Year to Date FY2014 Projected % FY2014 Budget Actual Projected Variance Available $ 20,255 $ 20,255 $ 18,154 $ 23,544 $ (3,289) - 16.24% 11,140 11,140 3,898 3,898 7,242 65.01% 455 455 320 398 57 12.53% 1,946 1,946 1,367 1,699 247 12.69% 157 157 - - 157 100.00% 665 665 270 470 195 29.32% $ 34,618 $ 34,618 $ 24,009 $ 30,009 $ 4,609 13.31% - - - 13,900 (13,900) - 7,644 3,594 - - 3,594 100.00% $ 7,644 $ 3,594 $ - $ 13,900 $ (10,306) - 134.82% 68,600 68,600 68,600 68,600 _ $ 68,600 $ 68,600 $ 68,600 $ 68,600 $ - $ 110,862 $ 106,812 $ 92,609 $ 112,509 $ 5,697 -5.33% Page 27 of 95 91 Capital Outlay & Transfers 8061 Land 8062 Buildings_ 8063 Improvements 8064 Machinery & Equipmen'i 8090 Transfers Out Total Capital Outlay and Transfers Department Total: City of Kenai Fiscal Year 2014 Year to Date Actual Fund: 006 - Personal Use Fishery Fund Department: 21 - Public Safety Council Adopted Amended Year to Date FY2014 Projected % FY2014 Budget Actual Projected Variance Available $ 20,255 $ 20,255 $ 18,154 $ 23,544 $ (3,289) - 16.24% 11,140 11,140 3,898 3,898 7,242 65.01% 455 455 320 398 57 12.53% 1,946 1,946 1,367 1,699 247 12.69% 157 157 - - 157 100.00% 665 665 270 470 195 29.32% $ 34,618 $ 34,618 $ 24,009 $ 30,009 $ 4,609 13.31% - - - 13,900 (13,900) - 7,644 3,594 - - 3,594 100.00% $ 7,644 $ 3,594 $ - $ 13,900 $ (10,306) - 134.82% 68,600 68,600 68,600 68,600 _ $ 68,600 $ 68,600 $ 68,600 $ 68,600 $ - $ 110,862 $ 106,812 $ 92,609 $ 112,509 $ 5,697 -5.33% Page 27 of 95 91 Account Expense Number Description 4,528 Salaries and Benefits 0100 Salaries 0200 Overtime 0250 Holiday Pay 0300 Leave 0400 Medicare 0450 Social Security 0500 PERS 0600 Unemployment Insurance 0700 Workers Compensation 0800 Health & Life Insurance 0900 Supplemental Retirement 236 Total Salaries & Benefits 3,281 Maintenance and Operations 2021 Office Supplies 2022 Operating & Repair Supplies 2024 Small Tools /Minor Equipmen 2025 Snack Bar Supplies 2026 Computer Software 4531 Professional Services 4532 Communications 4533 Travel & Transportatior 4534 Advertising 4535 Printing & Bindinc 4536 Insurance 4537 Utilities 4538 Repair & Maintenance 4539 Rentals 4540 Equip. Fund Pmts. 4541 Postage 4666 Books 4667 Dues & Publication=_ 4999 Contingency 5041 Miscellaneous_ 5045 Depreciation 5047 Grants to Agencies 30,407 $ Total Maint. and Operations 40,952 $ Capital Outlay & Transfers 8061 Land 8062 Buildings 8063 Improvements 8064 Machinery & Equipmen 9090 Transfers Out Total Capital Outlay and Transfers Department Total: City of Kenai Fiscal Year 2014 Year to Date Actual Fund: 006 - Personal Use Fishery Fund Department: 33 - Streets Council Adopted Amended Year to Date FY2014 Projected % FY2014 Budget Actual Projected Variance Available $ 11,496 $ 11,496 $ 2,934 $ 6,968 $ 4,528 460 460 - - 460 173 173 39 117 56 4,103 4,103 475 1,663 2,440 60 60 - - 60 550 550 136 236 314 3,281 3,281 952 1,452 1,829 285 285 87 187 98 $ 20,408 S 20,408 $ 4,623 $ 10,623 $ 9,785 12,600 12,600 9,252 9,252 3,348 200 200 200 200 - 18,152 18,152 20,955 20,955 (2,803) 10,000 10,000 - - 10,000 10,545 30,407 $ 30,407 $ 40,952 $ $ 40,952 $ 7,100 7,100 7,100 7,100 - $ 7,100 $ 7,100 $ 7,100 $ 7,100 $ - $ 68,460 $ 68,460 $ 42,130 $ 48,130 $ 20,330 Page 28 of 95 99 39.39% 100.00% 32.37% 59.47% 100.00% 57.09% 55.75% 34.39% 47.95% 26.57% 15.44% 100.00% 25.75% 0.00% 0.00% 29.70% City of Kenai Fiscal Year 2014 Year to Date Actual Fund: 006 - Personal Use Fishery Fund Department: 45 - Parks, Recreation & Beautification Council Account Expense Adopted Amended Year to Date FY2014 Projected % Number Description FY2014 Budget Actual Proiected Variance Available Salaries and Benefits 0100 Salaries $ 35,649 $ 35,649 $ 22,867 $ 28,257 $ 7,392 20.74% 0200 Overtime 26,289 26,289 14,949 14,949 11,340 43.14% 0250 Holiday Pay - - - _ _ 0300 Leave 302 302 - - 302 - 0400 Medicare 902 902 547 625 277 30.71% 0450 Social Security 3,005 3,005 2,067 2,399 606 20.17% 0500 PIERS 4,805 4,805 737 737 4,068 84.66% 0600 Unemployment Insurance 310 310 - - 310 100.00% 0700 Workers Compensation 2,026 2,026 1,281 1,481 545 26.90% 0800 Health & Life Insurance 3,109 3,109 973 973 2,136 68.70% 0900 Supplemental Retirement 256 256 39 39 217 84.77% Total Salaries & Benefits $ 76,653 $ 76,653 $ 43,460 $ 49,460 $ 27,193 35.48% Maintenance and Operations 2021 Office Supplies - - - - 2022 Operating & Repair Supplies 6,800 6,800 4,550 4,550 2,250 33.09% 2024 Small Tools /Minor Equipmen - - - 2,000 (2,000) - '025 Snack Bar Supplies _ - _ - 026 Computer Software - - 4531 Professional Services - - 4532 Communications 150 150 392 392 (242) - 161.33% 4533 Travel & Transportatior - - - - 4534 Advertisino - 4535 Printing & Bindinc 4,000 4,000 3,514 3,514 486 12.15% 4536 Insurance 456 456 456 456 - - 4537 Utilities - - 83 83 (83) - 4538 Repair & Maintenance - - - 4539 Rentals 55,245 79,132 76,211 76,211 2,921 5.29% 4540 Equip. Fund Pmts. - - - 4541 Postage - 4666 Books - 4667 Dues & Publications - 4999 Contingency 19,837 - - - 5041 Miscellaneous 7,500 7,500 7,500 7,500 - - 5045 Depreciation _ - - _ 5047 Grants to Agencies - Total Maint. and Operations $ 93,988 $ 98,038 $ 92,706 $ 94,706 $ 3,332 3.55% Capital Outlay & Transfers 8061 Land - 8062 Buildings - 8063 Improvements - 8064 Machinery & Equipmen, - - - 27,000 (27,000) - 9090 Transfers Out 20,700 20,700 20,700 20,700 - - Total Capital Outlay and Transfers $ 20,700 $ 20,700 $ 20,700 $ 47,700 $ (27,000) (1.30) Department Total: $ 191,341 $ 195,391 $ 156,866 $ 191,866 $ 3,525 1.80% Page 29 of 95 91 City of Kenai Fiscal Year 2014 Year to Date Actual Fund: 006 - Personal Use Fishery Fund Department: 60 - Boating Facility Council Account Expense Adopted Amended Year to Date FY2014 Available % Number Description FY2014 Buda et Actual Projected Budaet Available Salaries and Benefits 0100 Salaries $ 16,873 $ 16,873 $ 18,500 $ 18,500 $ (1,627) -9.64% 0200 Overtime 23,561 23,561 11,041 11,041 12,520 53.14% 0250 Holiday Pay - - - 0300 Leave 371 371 - - 371 - 0400 Medicare 592 592 419 419 173 29.22% 0450 Social Security 795 795 564 564 231 29.06% 0500 PERS 9,850 9,850 2,280 2,280 7,570 76.85% 0600 Unemployment Insurance 204 204 - - 204 100.00% 0700 Workers Compensation 1,449 1,449 1,077 1,077 372 25.67% 0800 Health & Life Insurance 3,454 3,454 3,423 3,423 31 0.90% 0900 Supplemental Retirement 150 150 318 318 (168) - 112.00% Total Salaries & Benefits $ 57,299 $ 57,299 $ 37,622 $ 37,622 $ 19,677 34.34% Maintenance and Operations 2021 Office Supplies - - - " 2022 Operating & Repair Supplies 465 465 666 666 (201) - 43.23% 2024 Small Tools /Minor Equipment - - 1,331 1,331 (1,331) - 2025 Snack Bar Supplies - - - " 2026 Computer Software - - - - 4531 Professional Services - - 215 215 (215) 4532 Communications - - - - " 4533 Travel & Transportation - - - - - 4534 Advertising 750 750 - - 750 100.00% 4535 Printing & Binding 1,500 1,500 300 300 1,200 80.00% 4536 Insurance 225 225 225 225 - - 4537 Utilities - - - - 4538 Repair & Maintenance - - - - - - 4539 Rentals 4,350 4,350 13,890 13,890 (9,540) - 219.31% 4540 Equip. Fund Pmts. - - - - 4541 Postage - - - - - 4666 Books - - - - 4667 Dues & Publications - - - - - - 4999 Contingency 10,000 10,000 - - 10,000 100.00% 5041 Miscellaneous - - - - - - 5045 Depreciation - - - - - - 5047 Grants to Agencies - - - - Total Maint and Operations $ 17,290 $ 17,290 $ 16,627 $ 16,627 $ 663 3.83% Capital Outlay & Transfers 8061 Land - - - - 8062 Buildings - - - 8063 Improvements 30,000 30,000 9,257 24,257 20,743 69.14% 8064 Machinery & Equipment - - - " 9090 Transfers Out 7,900 7,900 7,900 7,900 - Total Capital Out[ay and Transfers $ 37,900 $ 37,900 $ 17,157 $ 32,157 $ 20,743 54_73% Department Total: $ 112,489 $ 112,489 $ 71,406 $ 86,406 $ 41,083 3652% Page 30 of 95 9e Ulla�e with a Past, Git with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter and City Councilors FROM: Legal Department DATE: February 26, 2014 SUBJECT: Informal Research on Travel and Gift Policies The Legal Department completed an informal telephone survey of other municipalities' gift and travel polices through municipal clerks offices. The following table summarizes the findings. Any written policies provided are attached hereto. Municipality Gs Travel Kenai Peninsula funding of gifts or Assembly president approves all Borough JN�oborough lowers. Assembly budget pays for Assembly travel. Two etiring Assembly member plaques. attachments. Borough manual and Policy No. TR -01. Soldoma Mayor has expense fund for flowers. Travel approved through Council. Employee retirement gifts are funded by employee collection. Outgoing Council members get plaques funded by Council budget. Homer r donations sent for Prior to travel memo goes to ent between $150 and $250. council for approval. Sewards have approximately $2.50 Council members announce intent lbereavement of every check for birthday to travel and such travel is subject nnual party. Retiring to denial by Council. mbers get plaque or gold ding on time of service. Page 31 of 95 Mayor Porter and City Councilors February 26, 2014 Page 2 of 3 City of Fairbanks Employees pass the hat for retirement Travel Policy attached, unclear if and deaths. Mayors "community policy is followed by Council. promotions" budget provides for outgoing council member engraved gold pans. Ketchikan Gateway Retirement gifts not given, outgoing Written policy attached. Specific Borough Assembly members. Departments assembly approval is required for have budget for small purchases such all travel. Attachment: Travel as flowers. Policy No. 36. City of Ketchikan Department budgets pay for party's Travel budgeted for AML, first and gifts. Flowers done by come first serve within budget, not concurrence of whole council. Human very much traveling done. resource budget helps with retirement gifts on case by case basis. Wasilla Flowers stopped due to expense. All council members budgeted for Retiring employees receive framed travel to AML plus one trip. Any City Seal at cost of $125 charged to extra travel is brought to council department. They also have goodie attention by Clerk for objection. bags of local products for council members to hand out during travel and sometimes new employees receive ($25 value.) Palmer Have stopped with gift giving due to Nothing in writing, travel provided expense. on first serve basis. Cordova Manager, Clerk and Council have Budget for three to four council separate funds for small gifts members to travel to AML and "contingency funds" and "public Mayor for one to two trips to relations funds." Also departments Juneau. have a fund for staff gifts. Outgoing Council members receive a proclamation. Page 32 of 95 Mayor Porter and City Councilors February 26, 2014 Page 3 of 3 f= Council budget pays for framed photo Policy attached, travel approved Of City: approximately $350 for outgoing Council members. All other gifts/ flowers etc. are done through collection. YACity Council\Memorandums \022514 Gift & Travel Memo.docx Page 33 of 95 by Council except Mayor can authorize unanticipated travel if other procedures cannot be followed. KENAI PENINSULA BOROUGH F , 1 �r . ASSEMBLY MANUAL FA 2K 1, Linda Murphy, Assembly President Hal Smalley, Assembly Vice President Johni Blankenship, MMC, Borough Clerk Shellie Saner, CMC, Deputy Borough Clerk Page 34 of 95 1� ADOPTED BY: RESOLUTION 1993 -16 APRIL 1993 AMENDED BY: RESOLUTION 1993 -50 MAY 1993 RESOLUTION 1995 -011 FEBRUARY 1995 RESOLUTION 1996 -003 JANUARY 1996 RESOLUTION 1996 -020 FEBRUARY 1996 ORDINANCE 1998.78 JANUARY 1999 RESOLUTION 2000.001 JANUARY 2000 ORDINANCE 2000 -42 OCTOBER 2000 RESOLUTION 2002 -147 DECEMBER 2002 RESOLUTION 2004 -075 AUGUST2004 ORDINANCE 2005 -29 AUGUST 2005 RESOLUTION 2009 -011 JANUARY 2009 ORDINANCE 2009 -16 APRIL 2009 RESOLUTION 2009.088 SEPTEMBER 2009 RESOLUTION 2013 -038 APRIL 2013 Page 35 of 95 KENAI PENINSULA BOROUGH ASSEMBLYMAN-UAL TABLE OF CONTENTS 1. ELECTION .......................................... ............................... II. SEATING OF NEW ASSEMBLY MEMBERS III.ELECTION OF OFFICERS AND APPOINTMENT OF COMMITTEES Dutiesof the President ........................................... ............................... Committees............................................................ ............................... VicePresident ........................................................ ............................... Parliamentarian...................................................... ............................... PresidentPro Tern .................................................. ............................... Non - Borough Committees ..................................... ............................... IV. COMMUNICATIONS V. REIMBURSEMENT FOR EXPENSES VI. ASSEMBLY TRAVEL POLICY ...................... ............................... Travel within the Borough ........................... ............................... Travel outside the Borough .......................... ............................... Attendance at AML Conferences ................. ............................... 2 2 3 4 4 4 4 6 6 7 7 VII, ACTS REQUIRED TO BE BY ORDINANCE .......................................... ..............................8 VIII. LEGISLATIVE ORDINANCE PROCEDURES IX. ASSEMBLY MEETING ......... ............................... Regular Assembly Meetings ............................. Special Meetings ................ ............................... Public Presentations ........... ............................... X. RULES OF PROCEDURE Conflict of Interest ...... Code of Ethics ............. XI. BOARD OF EQUALIZATION ......................... ATTACHMENT A - Statutory Authority of the Assembly ATTACHMENT B - Mobile Device Use Policy Page 36 of 95 M 10 10 10 I 11 11 13 22 Page 37 of 95 KENAI PENINSULA BOR0UGIL ASSEMBLYMANUAL I. ELECTION A. File Declaration of Candidacy with Borough Clerk. B. File Financial and Campaign Disclosure Statements (available from Borough Clerk). C. Term of Office - Three years with first terms following reapportionment staggered. (KPB 22.30.030) D. An assembly member must be a resident registered voter of the district represented, and must have resided in that district at least 180 days prior to filing for office. (KPB 4.30.010) E. The candidate for an assembly seat receiving the greatest number of votes cast for that seat is elected. (KPB 4.10.070) F. Prohibitions (KPB 4.30.060): A person may not serve simultaneously as mayor and as a member of the assembly, as mayor and a member of the school board, as a member of the assembly and member of the school board, or as a member of the assembly and a member of the city council or the mayor of any incorporated city within the Kenai Peninsula Borough. 2. No elected official of the borough may hold any other compensated borough office or borough employment, or elected position in the state or federal government while in office. G. Certification of Elections - See II (A), below. H. Recall: 1. Reasons: a. Misconduct in office. Assembly Manual b. Incompetence. C. Failure to perform prescribed duties. (AS 29.26.250) Page 38 of 95 Page I 2. Elected official cannot be recalled until after s /he has served 120 days of term of office for which elected or appointed. (AS 29.26240) II. SEATING OF NEW ASSEMBLY MEMBERS A. The assembly certifies the election by resolution at a meeting conducted on the Tuesday following the election. (KPB 4.90.050; AS 29.26 070) B. Newly elected assembly members are sworn in at the meeting the election is certified. C. New assembly members' regular terms of office and assumption of duties commence on the Monday following certification of the members' election. (KPB 22.30.030) D. A vacancy created by a resignation is filled by appointment no later than the second meeting after the resignation is accepted. (KPB 22.30.060) III. ELECTION OF OFFICERS AND APPOINTMENT OF COMMITTEES A. The assembly elects the president by a majority vote of the qualified membership at the first regular meeting at which all newly elected members are eligible to be seated. The election may be postponed by majority vote of the authorized membership. (KPB 22.30.080) B. The president serves for one year unless earlier removed. C. Duties of the President: Lssetmry manual 1. To open the session at the time at which the body is to meet by taking the chair and calling the members to order. 2. To announce the business before the body in the order in which it is to be acted upon. 3. To recognize the members entitled to the floor. 4. To state and put to vote all questions which are regularly moved or which necessarily arise in the course of the proceedings, and to announce the result of the vote. 5. To preserve order and decorum. 6. To restrain the members when engaged in debate within the rules of order. Page 39 of 95 Page 2 7. To decide all points of order, subject to appeal, unless when in doubt he prefers to submit the question to the decision of the body. 8. To inform the body when necessary, or when any question is raised, on any point of order or practice pertinent to the pending business. 9. To sign or authenticate all acts, proceedings or orders of the body. 10. To receive all messages and communications and announce them to the body. 11. Generally, to guide and direct the proceedings of the body, subject to the control and will of the body. 12. To enforce all laws and regulations applicable to the body. 13. To have general charge and supervision of the legislative chamber, galleries, committee rooms, and adjoining and connecting hallways and passages. D. Committees - The president appoints the chair and members for each standing and special committee. The president may also appoint a vice chair for each committee. The president may remove or change committee assignments as he or she deems appropriate. Standing committees shall be created and members appointed at the beginning of each president's term and remain intact until changed by either the president or by assembly motion. Special committees are appointed to consider individual items or situations, and will be assigned a "self- destruct" date, at which time they will dissolve. (KPB 22.30.090) The assembly may, by motion, create, abolish or combine any committee it deems appropriate and such action shall take precedence over any previous action of the president. (KPB 22.30.090 A) 2. Committees generally meet on the afternoons of the regularly scheduled Assembly meetings. Other meetings of committees may also be scheduled at the discretion of the chairperson of the committee. 3. No quorum of committee members is necessary for committees to meet if the meeting was scheduled by the committee chair, properly noticed and attended by at least one member of the committee. The vice chairperson or any member of the committee shall conduct the meeting in the absence of the chairperson. 4. All Assembly members may sit at any committee meeting table and take part in any committee's discussions. Assembly Manual Page 40 of 95 Page 3 5. The purpose of committee meetings is to give Assembly members an opportunity to gather information from administrative status well as other experts when available. As a matter of course, Committees do not vote on the legislation before them, except as provided in 22.40.060, where committee members may vote on consideration of reintroducing defeated legislation. Should such a vote be taken, it shall be reported to the full Assembly during committee reports. (Resolution 2009 -011 § 1, 2009) 6. Receipt of testimony from the public at committee meetings on matters before it shall be at the discretion of the committee unless the assembly or the president has directed the committee to conduct a public hearing to receive public testimony. If the committee has been directed to conduct a hearing to receive testimony the committee chair shall arrange with the clerk for minutes of the hearing to be taken or for the hearing to be recorded and minutes prepared. (KPB 22.30.090 (F)) E. Vice President - Elected by a majority vote of the qualified membership of the assembly. (KPB 22.30.080) F. Parliamentarian — As provided in AS 29.20.380, the Clerk serves as the parliamentary advisor to the governing body. G. President Pro Tem - In the absence of president and vice president, the finance committee chair, or other assembly member appointed by the president, shall serve as president pro tem. (KPB 22.30.070 (E)) H. Non - Borough Committees - The president shall introduce a resolution listing the appointment or nomination for appointment to non- borough committees including, but not limited to: Cook Inlet Regional Citizens' Advisory Council, Cook Inlet Aquaculture Association, Kenai Peninsula College, Kenai River Special Management Area Advisory Board, and the Prince William Sound Regional Citizens' Advisory Council. The president may include in the resolution the name of one or more assembly members for each organization. The assembly may amend the resolution by adding or deleting names prior to adoption. (Resolution 96-020,1996) IV. COMMUNICATIONS A. Communications to legislators, the governor, state department personnel, other official agencies and the public purporting to represent an action or position of the assembly, shall only be transmitted by the president at the direction of the assembly, and shall represent the action of or the majority opinion of the assembly. (Resolution 2009 -011 § 2, 2009) B. The use of Kenai Peninsula Borough stationery shall be limited to official communications and will not be used for individual correspondence by an assembly member. All communications on KPB stationery will be prepared by the Assembly Manual Page 4 Page 41 of 95 borough clerk or her staff, who will route a copy to the president and keep a copy on file in the Clerk's records. KPB stationery will not be issued to assembly members. A. Correspondence from individual assembly members to legislators, the governor, state or federal department personnel or other official agencies regarding matters upon which the assembly has taken no official action or which expresses the personal view of the individual assembly member must clearly indicate that the letter does not represent the opinion or position of the Kenai Peninsula Borough. In addition, individual assembly members must refrain from using their official title "assembly member" in the heading or signature line of personal correspondence. D. Assembly members may include a borough website uniform resource locator (URL) on their assembly business cards with their address, email address, and telephone number, cell phone number, and/or fax number, as requested. At the request of an assembly member, the administration may provide a link on the borough web page to an assembly member's personal web site provided that a disclaimer, approved by the borough attorney, shall appear prior to a transfer from the borough web page to the personal web site. A personal web site to which a link is provided on the borough web page may not contain information that violates applicable laws, regulations or policies, and shall not be designed to promote the assembly member's pecuniary benefit. (Resolution 2009 -011 § 2, 2009) E. Assembly member emails, including attachments, sent or received in the member's official capacity are subject to the Public Records Act, A.S. 40.25.010 -.350. Except as described below for the Kenai Peninsula Borough Information Technology ( "IT ") Department, all requests to review or copy assembly member emails shall be routed through the Office of the Borough Clerk and handled in the same manner as are other public record requests. This shall include requests from the public, any and all borough employees, officers, and officials other than the subject assembly member, who shall have direct access to their own email account while in office. IT Department employees may, with advance permission of the IT Director, access assembly members' emails on the borough system solely for the purposes of system backup and maintenance to preserve system integrity. (Policy #2011 -001, authorized by Assembly President Gary Knopp, 0810212011) V. REIMBURSEMENT FOR EXPENSES A. Assembly members will receive $400.00 per month ($500.00 per month for the assembly president) to cover incidental expenses incurred during the performance of their duties as assembly member, (telephone, postal expenses, stationery, etc.). (KPB 22.30.110) Assembly Manual Page 42 of 95 Page 5 B Assembly members in Districts 1, 2, 3, 4, 5 and 7 will receive a car allowance of $150.00 per month. Assembly members in Districts 6, 8 and 9 will receive $250.00 per month. (KPB 22.30.130) C. In addition to the car allowance, assembly members will receive reimbursement on a mileage basis as outlined in borough ordinances and current personnel contracts for regular assembly meetings and other pre- authorized attendance at committee, commission and other special meetings or as a representative of the assembly at public hearings, provided that the mileage is actually driven. D. Meals will be reimbursed if incurred between committee or other official meetings of the assembly and regular assembly meetings occurring on the same day at the per diem rate. Requests for reimbursement of actual expenses must be accompanied by receipts. (Policy No. TR -02) (Resolution 2009 -011 § 3, 2009) E. Request for reimbursement of actual expenses incurred while on official assembly business must be accompanied by receipts. F. Assembly members will be reimbursed on a per diem basis while on official assembly business unless requests for reimbursement have been made under Item E. VI. ASSEMBLY TRAVEL POLICY Assembly A. Travel within the borough. (KPB 22.30.130) 1. Any travel to and from Borough Assembly meetings, or committee members' travel to meetings of standing or special committees, or borough sponsored public hearings will be reimbursed based on the current Internal Revenue Service mileage rate. You may submit for reimbursement on the expense sheets provided by the Clerk's Office at assembly meetings. Travel within the borough at the direction of the assembly or the president will also be reimbursed at the current Internal Revenue Service mileage rate. (Resolution 2009 -011 § 4, 2009) 2. Other travel within the borough for other purposes; i.e. visiting parts of an Assembly members' district, or other districts, is intended to be a part of the monthly car allowance, and as such is not reimbursable at the mileage rate. If part of an Assembly members' district is not on the road system, other reasonable transportation expenses will be reimbursed for up to two visits per year to remote communities within those districts. (Resolution 2009 -011 § 4, 2009) Extraordinary circumstances may dictate exceptions to the above, but those will be reviewed on a case -by -case basis by the president of the assembly. Page 43 of 95 Page 6 B. Travel outside the borough (in and out of state). From time to time, an assembly member, or members, will have need to travel outside of the borough at borough expense. Any assembly member who intends to travel outside the borough at borough expense must apply for and obtain, in advance of such travel if such travel was not previously included in the adopted budget, approval as follows: (a) The assembly president approves any travel outside the borough but inside the State of Alaska, and reports the approval to the assembly as soon as possible; (b) The assembly by motion approves any travel outside the State of Alaska but inside the United States; and (c) The assembly by resolution approves any travel outside the United States. (Resolution 93 -50 §1, 1993) 2. Any assembly member who travels outside of the State of Alaska at borough expense will be required to submit, in writing, a report of their activities and their perception of what benefit the borough may have gained from their travel. (Resolution 93 -50 §1, 1993) 3. Reimbursement for per diem and travel expenses will be covered based upon borough ordinance and current personnel contracts. You may contact the Clerk's Office to establish the best system for handling compensation for your individual travel. (Policy No. TR -01; Resolution 2011 -031 & Policy No. TR -02; Resolution 2012 -055) C. Assembly members seeking to be appointed or elected to a position representing the assembly on a board or committee which may require travel reimbursement by the assembly shall have assembly approval by resolution prior to seeking or accepting such a position. D. Attendance at AML Conferences The Legislative Committee will meet on the day of the last assembly meeting in October to review the proposed Alaska Municipal League policy statement and resolutions. At this meeting or before, the assembly will draft and file as the KPB Assembly any resolutions that the assembly intends to introduce at the annual conference. (Resolution 96 -003 §1, 1996). 2. The assembly president will make assignments to attend each of the four policy subcommittee sessions at the conference. The assembly president, or a spokesperson designated by the assembly president will cast the vote for directors, for support of policy statements or to make amendments that the assembly desires to submit on policy statements or resolutions. The Assembly Manual Page 44 of 95 Page 7 assembly president or delegation head shall cast all votes for the borough and these votes should represent the opinions of the majority of the assembly members present. (Resolution 96 -003 §I, 1996) 3. The assembly recognizes that amendments to the policy statement or resolutions or new resolutions can arise at the conference. The procedure for deciding points first raised at the business meeting will be by a vote of all present assembly members who are seated with the designated spokesperson. Decisions for election of officers to AML will be handled in the same manner. Any decisions made at the conference regarding the borough's position on issues or candidates must receive the affirmative vote of at least two- thirds of those members of the assembly in attendance. (Resolution 96 -003 §1, 1996) VII. ACTS REQUIRED TO BE BY ORDINANCE (AS 29.25.010) A. Establish, alter or abolish municipal departments; B. Provide for a fine or other penalty, or establish rules or regulations for violation of which a fine or other penalty is imposed; C. Provide for the levying of taxes; D. Make appropriations and supplemental appropriations or transfer appropriations; E. Grant, renew, or extend a franchise; F. Adopt, modify or repeal the comprehensive plan, zoning and subdivision ordinances, building and housing codes, and the official map; G. Approve the transfer of a power to the borough from a city; H. Designate the borough seat; I. Provide for the retention or sale of tax- foreclosed property; J. Exempt contractors from compliance with general requirements relating to payment and performance bonds in the construction or repair of municipal public works projects within the limitations set out in AS 36.25.050. K. Other ordinances may be required by specific statute or ordinance. VIII. LEGISLATIVE ORDINANCE PROCEDURES A. An ordinance is set for hearing by an affirmative vote of at least five (5) members. ..Z�,nwy Page 45 of 95 Page 8 1. An ordinance is normally set for hearing at the second meeting following introduction (This meeting must be at least 25 days following introduction) (KPB 1.12.010) 2. EXCEPTION: By 2/3 of the assembly (6 votes) public hearing may be held sooner, but not less than five (5) days after publication. (KPB 1.12.010) 3. EXCEPTION: An emergency ordinance can be heard at the same meeting that it is introduced: a. An emergency ordinance must find that an emergency exists and state the facts upon which the emergency finding is based. b. Adoption of an emergency ordinance requires the affirmative vote of at least 3/4 of the total assembly members (7) or all members present, whichever is less. (AS 29.25.030) C. An enacted emergency ordinance is effective for 60 days. (AS 29.25.030) 4. Ordinances are introduced by one or more assembly members, committee of the assembly, or the mayor. 5. The sponsor is required to provide the borough clerk with a copy of each ordinance or resolution not later than 4:30 p.m. on the second Thursday preceding the assembly meeting at which the item is to be introduced. (KPB 22.40.050 (C)) 6. Items may be added to the agenda only by approval of a 2/3 vote of the assembly. (KPB 22.40.050) 7. Any assembly member may request the borough attorney to draft an ordinance or resolution. 8. The borough attorney will review the legal form of ordinances and resolutions drafted by others. 9. Except for emergencies, ordinances proposed for introduction under normal procedures shall state the date of public hearing and shall be placed on the consent agenda unless removed by request of a member, the mayor, or a committee. Assembly Manual 10. Debate of ordinances proposed for introduction which have been removed from the consent agenda shall be limited to the date of public hearing, committee referral and committee reports. The vote shall be limited to whether to set for public hearing and the date. Page 46 of 95 Page 9 H. Ordinances proposed for shortened time and emergency ordinances shall be open to public comment and may appear on the consent agenda. The justification for requesting shortened time shall be set forth in writing accompanying the ordinance. 12. An ordinance or resolution which has been introduced and set for hearing may be withdrawn only by motion approved by a majority of the total membership of the assembly. A motion to withdraw as provided in this section may only be made before public hearing and may only be made by a sponsoring assembly member. (KPB 22.40.055) 13. An ordinance or resolution which has failed may not be reintroduced for 60 days following the date of its defeat. A resolution or ordinance may be reintroduced prior to the 60 -day limitation if it is sponsored by a committee. (KPB 22.40.060) a. The 60 -day limitation does not apply to defeat of a motion to introduce and set for hearing. 14. Notice of Reconsideration (KPB 22.40.185) a. Must be given at the meeting at which the action is taken. l b. Immediate reconsideration is not allowed. c. Not allowed if the action was passed by an affirmative vote of 3/4 or more of the membership. IX. ASSEMBLY MEETING A. Regular Assembly Meetings. 6:00 p.m. on the first and third Tuesdays of each month, unless otherwise approved. (KPB 22.40. 010) B. Special Meetings. Special meetings may be held on the call of the president or any three members of the assembly. Reasonable public notice must he given of any special meeting, and only those items included in the notice of the special meeting may be addressed at that meeting. 2. A separate place will be provided on the regular meeting agenda for public comments on items not appearing on the agenda. Each speaker will be limited to three minutes, with an aggregate time of not more than 20 minutes allotted to this agenda item. a Page 10 Page 47 of 95 C. Public Presentations. A member of the public desiring to make a formal presentation before the assembly at a regular meeting concerning a subject not contained on the assembly's agenda for that meeting must give notice in writing to the borough clerk no later than the scheduled packet deadline for the meeting at which they wish to make their presentation. The total time permitted for formal presentations (other than those made at the request of the mayor or the assembly) are limited to 20 minutes, regardless of the number of persons participating in the presentation. If the total requests received exceed 20 minutes, the clerk shall schedule the requests by giving priority based on the order the requests were received. (KPB 22.40.130) (Resolution 2009 -011 § 5, 2009) X. RULES OF PROCEDURE A. The legislative rules and procedures adopted by the assembly are Mason's Manual of Legislative Procedure (current edition) (KPB 22.40.030) I. EXCEPTION: Legislative matters require a majority vote of the total membership of full assembly (5 of 9 member assembly). (KPB 22.40.150; AS 29.20.160 (d)) 2. EXCEPTION: A mayoral veto may be overridden by 2/3 (6) of the authorized membership of the governing body within 21 days following the exercise of the veto, or at the next regular meeting, whichever is later. 3. EXCEPTION: Other statutory or ordinance requirements for specified method of voting. B. Conflict of Interest. (AS 29.20.010 & KPB 22.40.140) Assembly All assembly members must vote on each question unless excused or prohibited from voting because of a conflict of interest. 2. An assembly member must declare a substantial financial interest the member has in an official action and ask to be excused from a vote on the matter. 3. The president of the assembly must rule on a request by a member of the governing body to be excused from voting. 4. The decision of the president on a request by a member to be excused from a vote may be overridden by the majority vote of the assembly (5 votes). 5. The affected assembly member or members may not vote on the determination of a conflict of interest. Page 48 of 95 Page I1 ( 6. A member of the assembly may not be compelled to vote on matters where there is a reasonable likelihood of a breach of privilege or confidence protected by law or where participation would create a serious appearance of impropriety. C. CODE OF ETHICS (KPB 2.90 Article 1. Public Officials) Purpose. The purpose of this chapter is to assist public officials in carrying out their responsibilities under their oaths of office to support and defend the Constitution of the United States, the Constitution of the State of Alaska, and the laws of the Kenai Peninsula Borough, to specify conduct that violates public expectations that they will honestly, faithfully, and impartially perform their duties as public officials of the Kenai Peninsula Borough to the best of their ability. 2. Violations. Ethical violations are as follows: A. Special Consideration. A public official shall not grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen. B. Authority. A public official shall not exceed his or her authority, or intentionally breach the law, or ask or coerce others to do so in the course of his/her official public duties. C. Other Offices or Employment. A public official shall not hold or seek other office or employment which compromises the performance of his or her elected or appointed duties without disclosure of such office or employment. A public official shall disqualify himself or herself from any particular action which might be compromised by such office or employment. D. Use of Confidential Information. 1. A public official shall not use or disclose confidential information without appropriate authorization. 2. A public official shall not use or disclose information gained as a public official that is not yet published in any form by the borough or is not generally made available to the public to gain, directly or indirectly, anything of value. Assembly Manual Page 12 Page 49 of 95 3. This provision shall not prevent any public official from reporting violations of this chapter or other illegal acts to the proper authorities. 4. All discussions and information disclosed during an executive session shall be kept confidential unless disclosure is required by law. Any person receiving executive session information shall not disclose that information to any party who was not in the executive session except as necessary to comply with a legal requirement, upon approval by motion of the body that convened the executive session, or pursuant to a court order to a judge in camera. No public official with knowledge of information disclosed during the executive session may take any independent action pursuant to such information without specific authority granted by the public body that held the executive session. Disclosure of executive session information does not constitute a waiver of any privilege including the attorney client privilege. E. Solicitation of or Receipt of Anything of Value. A public official shall not solicit or accept anything of value from any person or entity other than the borough, directly or indirectly, in consideration of some action to be taken or not to be taken in the performance of the public official's duties. Gifts may be accepted as provided in KPB 2.90.040 F. Disclosure of Gift. A public official shall not fail to disclose a gift as set forth in KPB 2.90.040 G. Holding Investments or Property. A public official shall not hold any investment that might compromise the performance of the public official's duties without disclosure of the investment and self - disqualification from any participation in and voting on any particular action that might be compromised by the investment. H. Representation of Others. 1. A public official shall not represent any person in dealings with the borough in consideration of anything of value except: a. In a contested case which involves a party other than the borough, and the interests represented by the public official are the borough's interests, are essentially the same as the borough's interests, or are not adverse to the borough's interests; Assembly Manual Page 13 Page 50 of 95 b. In a matter that involves only a ministerial action by a borough department, i.e., the performance of a duty that is normally done in the course of business in which the officer is left with no choice of his/her own; C. When the representation is by a public official acting within the scope of his or her official public duties; d. When the representation is merely for the purpose of obtaining information on behalf of a person or business and the public official receives no compensation for the representation beyond the salary and other compensation or reimbursement to which the public official is entitled for the performance of his or her official public duties; 2. A public official shall be disqualified from acting on any matter or proceeding coming before the assembly when the matter involves any person who is, or has been, a client, patient or other business associate of the public official within one year immediately preceding the date of the matter or proceeding and the matter or proceeding is directly related to the public official's representation of that client, patient, or other business associate of the public official; or A public official shall not, within one year immediately following conclusion of service on the assembly, represent, advise, or assist a person for compensation regarding a matter that was under consideration by the assembly and in which the public official participated personally and substantially through the exercise of official action. For the purposes of this subsection, "matter" means a case, proceeding, application, contract, or determination but does not include the proposal, consideration, or enactment of legislation. 1. Financial Interest. A public official or a member of the public official's immediate family shall not have a financial interest in any matter being considered by the public official. A public official shall disclose a financial interest, if known. The public official shall be disqualified from further participation in any matter in which the public official has a financial interest. J. Borough Property. A public official shall not use borough property, fiscal, or human resources for personal convenience, political purposes, or profit, except when such property is available to the Assembly Manual Page 14 Page 51 of 95 Assembly Manual public generally, or where such property is provided by specific borough policy in the conduct of official borough business. K. Giving Anything of Value. A public official shall not give anything of value in return for votes, promises, or other consideration that is prohibited by state law. L. Expenses. A public official shall provide required documentation to support requests for expense reimbursement or advancement. Expense reimbursement and advancements shall be made in accordance with borough policy. M. Donations. Except as specifically authorized by law, a public official shall not take any official action which will benefit any person or entity other than the borough because of a donation of anything of value to the borough by the person or entity. N. Official Action. A public official shall not take any official public action that will benefit any person or entity other than the borough when the public official would not have taken the action but for the public official's family relationship, friendship, or business relationship with the person or entity. O. Representation of Assembly Position. A public official shall not represent himself or herself as being the official authorized spokesperson for the assembly on a given issue unless specifically authorized by the assembly. 2. A public official when making a public statement or otherwise taking a public position shall state that he or she is expressing a personal opinion unless authorized to speak on behalf of the assembly. P. Aiding a Violation. A public official shall not knowingly aid another public official in the violation of this chapter. Q. Employment of Elected Public Official. An elected public official shall not accept employment with the Kenai Peninsula Borough while serving in office or within one year after conclusion of service. R. Disclosure of Conflict of Interest. A public official shall not fail to disclose a conflict of interest. S. Misrepresentation of a Material Fact. A public official shall not misrepresent a material fact in a response to a complaint filed under this chapter. Page 52 of 95 Page 15 T. Disclosure of Confidential Information. A public official shall not disclose confidential information relating to a proceeding under this chapter. U. Compensation for official duties. A public official shall not accept, receive, or solicit compensation for the performance of official duties or responsibilities from a person other than the borough. V. Benefitted interest. A public official shall not attempt to benefit a personal or financial interest through coercion of a subordinate or require a borough employee to perform services for the private benefit of a public official. W. Solicitations. A public official shall not solicit any assessments, contributions, or services for any political party from any employee in the borough service during working hours. X. Borough assets. A public official shall not use or authorize the use of borough funds, facilities, equipment, services, or another government asset or resource to include borough letterhead or logo with the intent to differentially benefit or harm a candidate or potential candidate for elective office or a political party or group. Y. Political activities. Nothing in this section shall affect the right of a public official to hold membership in and voluntarily, financially, and otherwise support a political party or candidate, to vote as he chooses, to express his opinions on all political subjects and candidates, to maintain political neutrality, and to attend political meetings. Z. Personal use of borough resources. Nothing in this section prohibits inconsequential use of borough time, property, equipment, or other facilities for personal purposes if the use does not interfere with the performance of official duties and the cost or value related to the use is minimal. AA. Use of borough facility. Nothing in this section prohibits the use of a borough facility by a political organization if the facility is available to other such organizations on the same terms and conditions. Manual Page 16 Page 53 of 95 Manual Improper gifts and required disclosures. A. A public official may not solicit, accept, or receive, directly or indirectly, a gift, whether in the form of money, service, loan, travel, entertainment, hospitality, employment, promise, or in any other form, that is a benefit to his personal or financial interests, under circumstances in which it could reasonably be inferred that the gift is intended to influence the performance of official duties, actions, or judgment, or confer a benefit for past performance of official duties, actions, or judgment. B. For purposes of this section an occasional, unsolicited gift of $100.00 or less is presumed not to be given under circumstances in which it could be reasonably inferred that the gift is intended to influence the performance of official duties, actions, or judgment. For purposes of the disclosure requirements set forth in subsection C. of this section, "gift" includes a series of gifts from the same donor within a 12 -month period. C. Notice of the receipt by a public official of a gift valued at more than $100.00, including the name of the giver, a description of the gift, and its approximate value, must be provided to the clerk's office for inclusion in the public record, within 30 days after the date of its receipt: If the public official may take or withhold official action that affects the giver; 2. If the gift is connected to the public official's governmental status; or 1 If reasonable doubt exists as to whether the gift is intended to influence the performance of official duties, actions, or judgment. D. The restrictions relating to gifts imposed by this section do not apply to a campaign contribution to a candidate for elective office if the contribution complies with laws and regulations governing elections and campaign disclosure. E. A public official who knows or reasonably ought to know that an immediate family member has received a gift because of the immediate family member's connection with the public official shall report the receipt of the gift by the immediate family member to the clerk's office if the gift would have to be reported under this section had it been received by the public official or if receipt of the gift by the public official would be prohibited under this section. Page 54 of 95 Page 17 4. Verified complaint. A. Any person may file a verified complaint with the clerk alleging that a public official has violated one or more provisions of KPB 2.90.030. The complaint must: 1. be a written statement of the charge setting out in ordinary and precise language the acts or omissions with which the respondent is charged, so that the respondent is able to prepare a defense; 2. specify the subsection(s) of KPB 2.90.030 that the respondent is alleged to have violated. B. No action may be taken on any complaint which is filed later than two years after a violation of this chapter is alleged to have occurred or where the violation occurred prior to the effective date of this ordinance. A complaint alleging a violation must be filed within two years from the date the complainant(s) knew or should have known of the action alleged to be a violation, provided that in no event shall a hearing be initiated more than five years after the alleged violation occurred. 5. Form of verification. A. The verification shall be substantially in the following form: I, (complainant/respondent), have read the foregoing complaint/response, know the contents thereof, and the same are true to the best of my knowledge and belief. Manual B. The complaint/response and the verification must be signed by the complainant/ respondent and acknowledged by a notary public. 6. Confidentiality. A. All proceedings in respect of a complaint filed under KPB 2.90.050 are confidential and may not be disclosed to any person except as required for the proper processing and handling of the complaint. B. It is not a violation of this section for a person to contact or retain an attorney or to cooperate in a criminal investigation if one is proceeding. C. All proceedings and records shall remain confidential unless the respondent requests a public hearing or until the hearing officer files with the assembly its findings of fact and conclusions of law concerning the complaint. Page 55 of 95 Page 18 Assembly Manual Initial screening. A. Upon receipt of a complaint regarding a public official under KPB 2.90.050, the borough clerk shall screen the complaint and determine if the complaint is sufficient. If necessary, the borough clerk may consult with or request a legal opinion from the borough attorney as to the sufficiency of the complaint. The borough clerk may dismiss the complaint on any of the following grounds: The complaint does not comply with KPB 2.90.050 -.060. 2. The complaint does not allege facts sufficient to constitute a violation of this chapter. 3. The borough has no jurisdiction over this matter. 4. The complaint is defective in a manner that would prevent a sound determination from being made. B. If the complaint is sufficient on its face, then the borough clerk shall make an initial determination as to whether or not there is probable cause for a hearing. Before making a probable cause determination, the borough clerk shall notify both the public official and the complainant that the complaint has been accepted and serve a copy of the complaint on the public official. The notice shall also specify that a response by the public official, which shall include any challenge to the sufficiency of the complaint, must be filed within 30 calendar days from the date of the clerk's written notice. If the deadline falls on a weekend or full -day borough holiday, then the notice shall be due on the next business day. The notice shall also inform the public official of the right to submit affidavits or other written evidence in support of the public official's response. Misrepresentation of a material fact in a response is a violation of this chapter. Failure to timely respond shall be considered an admission of the allegations in the complaint, and the clerk shall notify the complainant and respondent the allegations of the complaint are deemed admitted. C. The respondent may appeal to the hearing officer any deemed admission of the allegations of the complaint, for good cause, by filing an appeal with the clerk within 15 days after the date of notice of the deemed admission. The appeal must state all facts and legal grounds for failure to respond timely. D. The borough clerk may make the determination as to probable cause for a hearing from the written complaint and written response from the public official alone or the clerk may also interview individuals and request documents if he or she deems necessary. Page 56 of 95 Page 19 Assembly Manual The borough clerk may consult with or request a legal opinion from the borough attorney as to probable cause for a hearing. E. If the borough clerk determines that the complaint is insufficient, has no legal basis, or there is no probable cause for a hearing, the clerk shall make a written determination indicating the basis for this determination and shall distribute the determination to the public official and the complainant. The complainant shall have one opportunity within 10 business days of the date of mailing or hand delivery of the determination to amend the complaint and to re -file. If the clerk determines that the second complaint is insufficient, lacks legal basis or probable cause for a hearing, or if the complainant fails to file a corrected complaint within the time set forth above, the clerk's determination is final and the clerk shall reject any attempts by the complainant or any other person on behalf of the complainant to file a complaint based upon the same or essentially similar facts and circumstances. The complainant may appeal any dismissal by the clerk to the superior court in accordance with the Alaska Rules of Appellate Procedure. F. If the borough clerk or deputy clerk is the subject of the complaint, the complaint should be filed with the director of human resources who shall perform the responsibilities of the clerk for those complaints. 8. Hearing officer. A. If the borough clerk determines the complaint is sufficient and there is probable cause that the public official may have violated this chapter, the clerk shall send the complaint to the hearing officer selected by the borough attorney. The hearing officer shall be a private attorney or an individual trained as an administrative hearing officer. The hearing officer shall not be an employee of the Kenai Peninsula Borough or related to the appellant. B. The clerk will furnish to the hearing officer the complaint and response, if any, or any appeal. C. The hearing officer shall conduct an investigation so as to be completed within 60 days of receipt of the complaint from the borough clerk. The hearing officer can, for good cause shown by any person, including the hearing officer, extend the time limit by 30 days. 9. Remedies. A. The mayor or a member of the assembly who violates this chapter shall be subject to one or more of the following: Page 57 of 95 1" 1. Public censure by the assembly. 2. A civil fine of not more than $1,000 for each violation of any of the subsections of KPB 2.90.030 -.040 and 2.90.080(B). If a public official has violated more than one subsection of KPB 2.90.030 -.040 and 2.90.080(B), the civil penalty may not exceed $10,000 in the aggregate. B. An assembly member who voted after the assembly president or assembly determined, after full and complete disclosure, that the assembly member did not have a financial interest shall not be subject to such penalties. C. A penalty imposed under this section is in addition to and not in lieu of any other penalty that may be imposed according to law. To the extent that violations under this code are punishable in a criminal action, that sanction is in addition to the civil remedies set out in this chapter. D. The assembly may, upon notice of a violation by a public official, take any of the following actions: Void any action of the assembly materially and substantially connected to a violation of this chapter. a. In determining whether to void a grant, contract, or lease, the interest of third parties who may be damaged and the nature of the violation may be taken into account. The assembly shall give notice of intent to void a borough grant, contract, or lease under this section no later hearing officer files its conclusions of law. than 30 days after the findings of facts and 2. Require that any loan received from the borough in violation of this chapter shall be immediately due and payable. 3. Direct the borough attorney to pursue any other remedies available at law or in equity. BOARD OF EQUALIZATION A. Assembly members may serve as members of the board of equalization, subject to appointment by the Assembly. (KPB 5.12.052 A) Assembly Manual Page 58 of 95 Page 21 ATTACHMENT A iStatutory Authority of the Assembly (Resolution 2009 -088, 2009) The Alaska Statutes and borough code provide certain specific duties and requirements of the borough assembly. Following is a list of most primary requirements: 1. Legislative Authority: • The legislative power of the borough is vested in the assembly. AS 29.20.050. 2. Procedural responsibilities: • Adopt a conflict of interest ordinance satisfying the requirements of AS 29.20.010. • Provide reasonable opportunity for the public to be heard at its regular and special meetings. AS 29.20.020. • Must comply with the Open Meetings Act. AS 29.20.020. • Provide for the assembly's composition and the form of its representation no later than the first election after adoption of a final state redistricting plan as provided by AS 29.20.070 - 29.20.120. • Elect from its members a presiding officer and a deputy presiding officer to serve at the pleasure of its members unless the borough has adopted a manager form of government. AS 29.20.160(a). ( • Hold at least one regular meeting each month unless otherwise provided by ordinance. AS 29.20.160(6). • Maintain a journal of its official proceedings that shall be a public record. AS 29.20.160(e). • Determine by ordinance its own rules of procedure and order of business to the extent otherwise allowed by law. AS 29.20.16069. • Provide by ordinance the manner in which a vacancy occurs in any elected office except the office of mayor or school board member. AS 29.20.170. ❑ Fill a vacancy within 30 days unless otherwise provided by ordinance pursuant to AS 29.20.180. • May by ordinance establish advisory, administrative, technical, or quasi-judicial boards and commissions, the members of which are appointed by the mayor and confirmed by the assembly. AS 29.20.320. • May initiate the adoption of a manager plan of government for submission of the question to the voters. AS 29.20.460 - .490. If such plan is approved by the voters, the governing body shall appoint a manager by majority vote as provided in AS 29.20.490. • Pursuant to AS 29.25.010, must use ordinances to: ❑ provide for a fine or other penalty; ❑ provide for the levying of taxes; ❑ make appropriations; r+ssemory rvia Attachment A Page 59 of 95 Page 1 • grant, renew, or extend a franchise; • adopt, modify, or repeal the comprehensive plan, land use and subdivision regulations, building and housing codes, and the official map; ❑ approve the transfer of the power to a first or second class borough from a city; ❑ designate the borough's seat; ❑ provide for the retention or sale of tax- foreclosed property; ❑ exempt contractors from payment and performance bond requirements. • Follow the procedure for adopting ordinances and emergency ordinances as provided in AS 29.25.020 and AS 29.25.030. • Provide for the maintenance of a permanent file of resolutions that have been adopted. AS 29.25.060. • Prescribe the rules for conducting an election and appoint an election board for each precinct. AS 29.26.010. • Shall by ordinance establish a procedure for acquiring and disposing of land and interests in land by the borough. AS 29.35.090, 3. Personnel: • Either appoint, or confirm the appointment of the municipal clerk, attorney, treasurer, and police chief who serve at the pleasure of the appointing authority unless otherwise provided by ordinance. AS 29.20.360. • May establish municipal departments and distribute functions among them by ordinance. AS 29.20.400; AS 29.25.010(a)(1). ❑ May provide for a personnel system and classified service, and, by ordinance, may designate confidential or managerial positions that are wholly or partially exempt from the classified service. A person serving in a wholly or partially exempt position serves at the pleasure of the appointing authority. AS 29.20.410(b). • By ordinance shall provide a method for determining salaries of elected officials. AS 29.20.620. 4. Financial: • Must establish the manner for the preparation and submission of the budget and capital program and may approve the budget after a public hearing with or without amendments and shall appropriate the money required for the approved budget. AS 29.35.100. • Shall provide for an annual independent audit of the accounts and financial transactions of the borough. AS 29.35.120. • Municipal Taxation: • May levy a property tax and, if levied, the tax must be assessed, levied, and collected as provided in AS 29.45.010 -.500. • May levy and collect a sales tax on sales, rents, and services provided in the Assembly Manual Page 2 Attachment A Page 60 of 95 borough and a use tax on the storage, use, or consumption of tangible personal property in the borough, subject to voter ratification as provided in AS 29.45.650 - .680. • Prescribe by ordinance the procedures for creating special assessment districts, making local improvements, levying and collecting assessments, and financing improvements as provided in AS 29.46.010 -.140. • May provide for the issuance of debt in the manner established in AS 29.47.010 - 470. This generally includes revenue anticipation notes, bond anticipation notes, general obligation bonds, revenue bonds, and refunding bonds. 5. School District: • Shall determine the total amount of money to be made available from local sources for school purposes within 30 days after receipt of the school budget. If the assembly fails to do this, then the amount requested in the budget is automatically approved. Also, the assembly shall appropriate the amount to be made available from local sources by June 30 except as otherwise provided by ordinance. AS 29.35.160(a) and AS 14.14.060(c). • Shall determine the location of school buildings after considering school board recommendations. AS 14.14.060(d). • Approve the selection by the school board of appropriate professional personnel to develop designs for school buildings. AS 14.14.060(e). • Through the borough mayor, shall provide for all major rehabilitation, construction, and major repair of school buildings after considering the recommendations of the school board. AS 14.14.060(f). 6. Planning Commission: • Establish a planning commission and confirm members appointed by the mayor. AS 29.40.020. • Shall adopt comprehensive plan by ordinance and, after receiving planning commission recommendations, periodically undertake a review of the comprehensive plan and update it as necessary. AS 29.40.030. • Adopt or amend provisions governing the use and occupancy of land by ordinance as provided by AS 29.40.040. • Provide for an appeal from an administrative decision of a municipal employee, board, or commission regarding the enforcement, administration, or application of a land use regulation. AS 29.40.050. • Either consent to or veto the vacation of a street. AS 29.40.140. Assembly Manual Attachment A Page 61 of 95 3 Miscellaneous: • May establish a local historical district commission pursuant to AS 29.55.010 -.020. • By two- thirds concurring vote, the assembly shall declare the office of mayor vacant only when the person elected: (1) fails to qualify or take office within 30 days after election or appointment; (2) unless excused by the governing body, is physically absent for 90 consecutive days; (3) resigns and the resignation is accepted; (4) is physically or mentally unable to perform the duties of office; (5) is convicted of a felony or of an offense involving a violation of the oath of office; (6) is convicted of a felony or misdemeanor described in AS 15.56; (7) is convicted of a violation of AS 15.13; (8) no longer physically resides in the municipality; or (9) if a member of the governing body in a second class city, misses three consecutive regular meetings and is not excused. AS 29.20.280. • May consent to the continuation beyond seven days of a declaration of disaster as provided in AS 26.23.140. • May establish an emergency services communications center as provided in AS 29.35.130 -.137. • May establish, operate, alter, or abolish, by ordinance, a service area, subject to voter approval of the exercise of the power and certain other restrictions as set out in AS 29.35.450. • May establish a program for reporting hazardous chemicals, materials, and waste in accordance with the provisions of AS 29.35.500 - .590. • May create by ordinance a port authority as a public corporation of the municipality subject to approval by the voters of the borough as provided in AS 29.35.600 - .730. • Shall cause a protest to be filed with the State Alcohol Beverage Control Board for certain applications for a new license or renewal of a license for the sale of alcoholic beverages. KPB 7.10.010. Assembly Ma Attachment A Page 62 of 95 Page 4 ATTACi1MENT B { (Resolution 2013 -038, 2013) Kenai Peninsula Borough Mayor and Assembly Mobile Device Acceptable Use Policy 1. Purpose. The Kenai Peninsula Borough recognizes the benefits of utilizing digital communication and information, and supports the utilization of the mobile devices by the Mayor and Borough Assembly. Users of Borough- issued mobile devices acknowledge, understand, and respect the underlying mobile device and internet usage philosophy that form the basis of this policy. 2. Receipt of mobile device. The Borough Clerk's Office will issue mobile devices that include appropriate applications for use relating to Borough business. The mobile devices will serve as the sole source of meeting packets, and paper packets will not be provided except in the event that technical problems require the use of paper packets. 3. Care of mobile device. Users are responsible for the general care of the mobile device that they have been issued by the Borough. Mobile devices must remain free of any writing, drawing, stickers, or labels that are not the property of the Borough. Only a clean, soft cloth should be used to clean the screen. 4. Security of the mobile device. The Elected Official shall maintain a secure PIN or other password protection and a time -out setting on the device to avoid access by unauthorized users. The PIN must be provided to the Borough Clerk's Office and through the Clerk's Office made accessible to the Information Technology (IT) Department. The PIN may not be shared with any unauthorized users. 5. Software on mobile device. The software and applications installed by the Borough must remain on the mobile device in usable condition and be readily accessible at all times. The user may not remove any software or applications installed by the Borough. From time to time, the Borough may add or upgrade software applications such that users may be required to check in their mobile devices with the IT Department or the Borough Clerk for periodic updates and syncing. In the event it becomes necessary to restore a mobile device to its original condition, the Borough will not be held responsible for the loss of any software or documents deleted due to a re- format and re- image. Any software, email messages, or files downloaded via the Internet into the Borough systems become the property of the Borough and may only be used in ways that are consistent with applicable licenses, trademarks, or copyrights. Files from sources that a user may have any reason to believe may be untrustworthy shall not be downloaded, nor shall files attached to email transmissions be opened and read unless the user has knowledge that they originate from a trustworthy source. Downloaded files and attachments may contain viruses or hostile applications that could damage the Borough's information systems. Users will be held accountable for any breaches of security caused by files obtained for non - Borough business purposes, pursuant to the provisions in the Kenai Peninsula Borough Code of Ethics. Assembly Manual Attachment B Page 63 of 95 Page 1 6. Life of the mobile device. Borough - issued mobile devices will be assessed annually and, if necessary, the Borough will purchase upgraded devices through the budgeting process. WARNING — NO PRIVACY. Communications made via Borough- issued devices are subject to disclosure under the KPB 2.54 and the Alaska Public Records Act or for litigation purposes unless a privilege or exception exists that justifies withholding the information. 8. Audits. All Borough - issued mobile devices are subject to audit by the IT Department. Excessive data usage may be investigated, and any additional costs that cannot be justified for official Borough purposes may be passed on to the user of the device. If contacted by IT, users have three business days to provide their mobile device to the IT Director. They will be provided a "loaner" to use in the interim. Typically, the IT Department will return the mobile device to the user within five business days. 9. Representations. In advocating, advancing, or expressing any individual religious, political, or personal views or opinions, users must clearly indicate that their views are personal and not those of the borough. Users may not represent their statements as official Borough policy unless authorized to do so. 10. Email usage for Borough business. For the purposes of activity related to Borough business, the user shall conduct all email communication through their assigned Borough email account. All emails on the Borough email account are archived and retained by the Borough. This account shall be synced to the user's individual mobile device. Personal email boxes may be synced to the mobile device as well, but all Borough- related business must be conducted through the Borough email address or copied to the Borough email address if the user's personal email box is used. Where possible, the user's assigned Borough email account must be configured as the primary or default account on the mobile device. 11. Acceptable use. The mobile device, Internet and email access provided are tools for conducting Borough business. Thus, Borough use of such tools will be primarily for Borough business related purposes; i.e., to review Borough Assembly agenda materials and obtain useful information for Borough - related business communications as appropriate. All of the Borough's computer systems, including the mobile device, are considered to be public property. Mobile device, Internet, and email activities will be traceable to the Borough and will impact the reputation of the Borough. Borough- issued mobile devices shall not be used to send or knowingly download any vulgar, discriminatory, or pornographic content. Users shall refrain from making any false or defamatory statements, or from disclosing private facts without written authorization by the affected parties, in any Internet forum or from committing any other acts that could expose the Borough to liability. Borough- issued mobile devices are not to be used for operating a business for personal gain, sending chain letters, or any other purpose that interferes with normal Borough business activities. Users shall not use Borough- issued mobile devices for any illegal activity. Assembly Manual Attachment B Page 64 of 95 Page 2 Users will not store any protected Borough data (SSNs, Credit Card Numbers, Health information etc.) on the mobile device. 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 Borough Assembly. Users shall not use the mobile device in any way as to violate the Open Meetings Act requirements of the State of Alaska. Mobile device users are allowed to have music, photos, videos and install apps on their mobile device; however, the items downloaded and synced to the mobile device must be in compliance with Federal copyright laws and shall be acquired at the expense of the user. Any apps downloaded by the user must originate from official sources. For example, the user shall only download apps from iTunes for the iPad mobile device. End users are encouraged to limit photos and videos, as the amount of digital storage available on the mobile device is limited. All applications used in the course of business - related activities shall be secured in conjunction with the IT Department. If at any time end -user purchased content or applications interfere with the proper operation of the mobile device, at the IT Department's sole discretion, end -user purchased content and applications may be removed to ensure proper operation of the mobile device. 12. Use of cellular network. Any download usage for mobile device that are activated on the Borough's account for Cellular wireless access shall not exceed the allowable monthly limits provided under the Borough's plan. Any overage shall be paid by the individual user. Should a user activate the Cellular wireless coverage under their own personal account, the user shall be responsible for all costs incurred. 13. User responsibility. It is the responsibility of the user to ensure the Borough - provided mobile device is kept reasonably safe, protected from damage or theft. Mobile devices must remain free of any writing, drawing, stickers, or labels that are not the property of the Borough. Should a mobile device be accidentally lost, damaged, or stolen, responsibility for replacement shall be as follows: a. First time: Borough shall repair or replace at no cost to the user. b. Second time: The Borough shall pay half the cost of repair or replacement and the user shall pay half the cost. C. Third time: The user shall be entirely responsible for repair or replacement costs and shall replace the unit within two weeks of the equipment loss. Mobile devices that are damaged or destroyed through intentional misuse must be repaired or replaced at the user's expense. Exceptions for situations that are due to extenuating circumstances may be authorized by the Assembly President. 14. Loss or theft of the mobile device; remote wipe. The user of the device must notify the Borough Clerk's Office immediately or as soon as practicable upon loss, theft or suspected loss /theft of the device. Where possible, the contents of the device will be remotely erased and the services associated with the device will be disabled. Assembly Manual Attachment B Page 65 of 95 Page 3 15. Return of the mobile device. Upon completion of at least one full term of service, the Elected Official may retain their Borough issued mobile device for their personal use following the purge of all information and Borough software. The elected official shall therefore return their mobile device to the IT Department when the individual member's term of service has ended. Upon completion of the elected official's consecutive terms of service, which must include at least one full term the mobile device will be wiped clean of any and all information at the end of the term of service. After it is wiped clean, the Elected Official will be given the option to retain the mobile device for personal use as a token of appreciation for their service. In the event that the Elected Official does not serve a full term, the mobile device will be returned to the IT Department. It will be the Elected Official's responsibility to remove any personal data from the device prior to returning the device to the IT Department, where it will be purged of all information. 16. Indemnification. The Borough bears no responsibility whatsoever for any legal action threatened or commenced due to conduct and activities of Elected Officials in accessing or using these resources. All Elected Officials agree to indemnify and hold harmless the Borough against any and all claims of any kind or nature whatsoever for damages, including tangible and intangible damages, costs and expenses suffered by the Borough arising out of any unlawful or improper conduct and activity, and in respect of any action, settlement or compromise, or any statutory infringement. Legal prosecution following a breach of these conditions may result independently from any action by Borough. 17. Compliance with policy. The Borough reserves the right to inspect any and all files stored on mobile devices that are the property of the Borough in order to ensure compliance with this policy. Users do not have any personal privacy right in any matter created, received, stored in, or sent from any Borough- issued mobile device, and the IT Director is hereby authorized to institute appropriate practices and procedures to ensure compliance with this policy. Any violation of this policy may result in discipline pursuant to the provisions in the Kenai Peninsula Borough Code of Ethics. I hereby certify that I have received a written copy of the Mobile Device Acceptable Use Policy. l have read and fully understand the terms of this policy and agree to abide by it. Dated: Assembly Manual Attachment B Page 66 of 95 (Elected Official's Signature) (Printed Name) Page 4 Policy No. TR -01 (revised 4/5/11) Borough Travel and Per Diem A. Purpose To establish the policies and procedures for approving Borough travel, for the payment of travel per diem, and for the reimbursement of authorized travel expenses. B. Travel and Approval Policv 1. All Kenai Peninsula Borough ( "Borough ") employees and officials, including elected and appointed members of boards and commissions, must have all travel approved in accordance with this Policy. Expenses incurred for Borough travel not in compliance with this policy will not be paid or reimbursed. 2, It is the policy of the Borough that travel for official business be in the most direct and economic way to accomplish the business. 3. Travel shall only be approved for travel that is necessary and prudent and when one or more of the following criteria are met: a) The travel is required to achieve operational, legislative, or service objectives of the Borough. b) The travel is required to support state or federal effort, which are beneficial to the Borough. c) The travel is mandated by the state or federal government. d) The travel is for specific training, which is required for employees to perform borough functions, such as training on technological advances or for required certifications. e) The travel is for specific training, that will result in a significant cost savings or cost avoidance to the Borough. Such cost savings or avoidance shall be demonstrated prior to approving any out -of -state training. f) The travel is required to attend a national or state board, committee meeting or conference as a borough representative, and the exchange of information or participation will result in an economic benefit to the Borough. 4. Travel under the following conditions shall not normally be approved when costs are at borough expense. When approved, written justification shall have been prepared by the traveler and included on or attached to the Travel Authorization Form. Policy No. TR -O 1, Employee travel and per diem Page 1 of 7 Page 67 of 95 a) Travel by first class or business class air accommodations. b) Travel by other than the most economic and direct route. c) Rental car class above mid -size rate. 5. Use of rental vehicles The Borough is self- insured; therefore, if a rental vehicle is approved for the travel, vehicle insurance is not required. However, self- insurance is not applicable for any period that the vehicle may be used for personal reasons. Insurance coverage during such periods is the responsibility of the traveler. If a car is rented during travel and an accident occurs, the traveler shall advise the investigating officers that the Borough is self - insured and immediately contact Risk Management at (907) 714 -2351. 6, Fair Labor Standards Act The Fair Labor Standards Act (FLSA) (29 C.F.R. & 785.39) specifies that if employees who are not exempt under the FLSA (which generally includes classified and certain other personnel) shall travel during normal working hours (i.e., 8:00 a.m, to 5:00 p.m.) on non -work days (i.e., Saturday or Sunday for an employee who works Monday through Friday) the time of travel during the normal work hours is compensable. Generally, travel on a common carrier such as an airplane or train during times outside of the normal work hours is not compensable. However, employees who work while traveling must be compensated for time worked, and employees required to drive or be a passenger in an automobile must be compensated, all in accordance with the following table. Department heads should contact Human Resources at 714 -2131 for further details. The chart below summarizes the compensatory requirements for travel on a common carrier. Normal Work Hours Normal Non -Work Hours Work day Compensable Not Compensable Policy No. TR -01, Employee travel and per diem Page 68 of 95 Non -Work Day Compensable Not Compensable Page 2 of 7 C. Travel and per diem Policv It is the policy of the Borough to reimburse employees for the following actual and necessary expenses incurred while on official Borough business, provided the travel was properly authorized and approved In advance. 1. Air Travel Costs. The Borough will pay for all costs of air transportation that are directly related to travel on official business. The most economical and direct route possible shall be utilized. Any costs for deviation from the most economical and direct route possible is the responsibility of the employee. 2. Private Vehicle Costs. The Borough will reimburse travelers for use of their privately owned vehicle at the rate of 64.5 cents per mile (52.5 cents for those receiving a car allowance) not to exceed the cost of coach class airfare. If vehicle travel is used instead of airfare for the employee's convenience, extra travel time must be charged to leave time if it is paid by the Borough. If two or more employees travel in the same vehicle, the reimbursement will not exceed the cost that would have been incurred had they all traveled by air. Only the owner of the vehicle may claim reimbursement for mileage. Rates are subject to change pursuant to the collective bargaining agreement. Mileage reimbursement rates are set at the federally recognized cost of operating the vehicle. In addition to gas, oil, and wear and tear, this reimbursement rate includes the portion of the cost of insurance for when it is driven on Borough business. 3. Travel to Anchorage /Mat -Su. The Borough will reimburse travelers to the Anchorage /Mat -Su area for use of their privately owned vehicle at the rate at the rate of 64.5 cents per mile (52.5 cents for those receiving a car allowance). These rates will be adjusted in accordance with the collective bargaining agreement. 4. Borough Vehicle. The Borough will reimburse the cost of fuel and other vehicle operating costs actually incurred by the employee. No reimbursement for mileage will be allowed. 5. Lodging Costs. The Borough will pay lodging costs (room and tax) only at an economy and single occupancy rate, unless two Borough employees share a double room and then a double occupancy rate will be paid. Government rates shall be requested and used whenever possible. Room tax will not be reimbursed if eligible for exemption. PO's should be used to procure lodging in the State of Alaska, which should prevent room tax from being bill. Room tax could become the responsibility of the traveler if a PO is not used. i. Per diem: a) Within the state of Alaska, the Borough will pay up to $50 per diem for meal and incidental expenses (as defined by the Internal Revenue Service, Policy No. TR -Ol, Employee travel and per diem Page 69 of 95 Page 3 of 7 "incidental expenses include laundry, tips and refreshments "). The $50 rate includes $11 for breakfast, $14 for lunch, and $25 for dinner. Rates outside the state of Alaska will be based upon the Federal per diem rates. b) A deduction to per diem will be made for meals paid for separately by the Borough and meals paid for by others. This includes meals paid in advance and /or included in registration fees and business meals reimbursed to the traveler or reimbursed to another Borough traveler as a business meal, (See Policy no TR -02, Reimbursement of Business Meal Expenses) Meals provided by airlines do not impact per diem entitlement. Continental breakfasts which are provided do not impact per diem entitlement. c) In lieu of receiving meal and lodging expenses, if those do not exceed $80 per day, a flat per diem of $80 will be paid. d) The Internal Revenue Service requires that per diem be pro -rated for partial days of travel, which will occur on departure or arrival from the Borough. The following is the departure and arrival pro- rating. This pro- rating is based on the Internal Revenue Service "consistent application and reasonable business practice" rule, the actual departure and arrival of the aircraft will be used to determine the times. If traveling by private vehicle, the times are based on the actual departure and arrival time from the point of origin. Departure time Allowance 12:01 am to 10:00 am $ 11 10:01 am to 3:00 pm $ 14 3:01 pm to 12:00 midnight $ 25 Arrival time Allowance 12:01 am to 10:00 am $ 11 10:01 am to 3:00 pm $ 14 3:01 pm to 12:00 midnight $ 25 e) Per Diem rates adjustments 1) Out of state rates are adjusted annually per www.gsa.gov 2) In state rates are adjusted pursuant to the collective bargaining agreement. f) An employee may receive a meal allowance when they are requested by their department head to work through lunch, with prior approval. 7. Car Rental Costs. The Borough will reimburse car rental costs only if car rental was approved on the Travel Authorization Form, and then only for the days /mileage necessary to conduct official business. In unusual circumstances, reimbursement for car rental without pre- authorization may be authorized by the Policy No. TR -01, Employee travel and per diem Page 70 of 95 Page 4 of 7 approving authority if there is valid justification. Car rental expenses without pre - authorization may become the responsibility of the traveler. 8. Laundry and Dry Cleaning Costs. The Borough will reimburse reasonable and necessary laundry and dry cleaning costs after the traveler is away from the Borough on official business for more than five days, excluding travel time. Certain unusual circumstances, such as official functions with high level government officials, presentations at formal dinners or functions or travel overseas may present circumstances where the five -day limit may be waived. Waivers will be requested in writing and submitted with the travel expense report. Laundry and dry cleaning costs are included in the federal per diem rate for meals and incidental expenses. Therefore, the reimbursement will be included in the traveler's taxable wages as excess per diem in accordance with requirements of the Internal Revenue Service. Laundry and dry- cleaning costs should have specific justification attached to the travel expense report. !. Registration Fees. The Borough may make advance payment or reimbursement for education /training fees. Fees for entertainment, spouse activities, and similar expenses are the responsibility of the traveler and will not be paid by the Borough. 10. Other Expenses. The Borough will reimburse taxi, telephone calls and other official expenses when shown to be directly related to official business. Reasonable calls home will also be reimbursed. 11. Business Meals. The Borough will reimburse necessary business meal expense in accordance with Policy No TR -02, Reimbursement of Business Meal Expenses. 12. Travel Advance. The Borough may make travel advance payments when requested, not to exceed the estimated amount of per diem and cab fare. Payments will be made on the regularly scheduled pay date prior to the traveler's scheduled departure date. A travel reimbursement form with the appropriate receipts will be required to be completed upon the traveler's return. D. Responsibility 1. The Mayor or designee shall approve all travel outside the Borough and Anchorage /Mat -Su area for all Borough employees, including board members and commission members except Borough Clerk staff and Assembly members. 2. The Assembly President or designee shall approve all travel outside the Borough and Anchorage /Mat -Su area for all Borough Clerk staff and Assembly members. 3. Department heads shall: a) Approve all department travel that requires mayoral or assembly president approval prior to being submitted for their signatures. Policy No. TR -01, Employee travel and per diem Page 5 of 7 Page 71 of 95 b) Ensure that Borough funds are spent in a prudent manner resulting in maximum benefit to the Borough. c) Ensure the travel requested is budgeted within the department's budget. d) Ensure that reimbursement is received by the Borough when the employee reimbursement form indicates that reimbursement for all or part of the expenses is due. 4. The Controller shall: a) Ensure that travel has been approved prior to making any travel related payments, e.g. hotel deposits or registration fees. b) Review all travel reimbursement reports to ensure that travel payments and reimbursements are made in accordance with this policy /procedure. c) Require specific justification for actual expenses that deviate more than 10 percent higher than authorized. Depending on the circumstances and amount of the deviation, the travel expense report may be forwarded to the mayor for review and approval. 5. Travelers shall: a) Incur only those expenses that are necessary and reasonable to accomplish the approved purpose of the trip. b) Maintain a travel log or other record of travel dates and expenses to sufficiently itemize and support business expenses, obtain original receipts needed for reimbursement of lodging, car rental, gasoline, and other expenses. c) Submit original receipts that indicate purpose, date, and amount. d) Ensure all business expenses incurred and submitted for reimbursement are in compliance with this policy /procedure. e) Submit reimbursement within 60 days after travel has been completed and/or within 30 days after the end of the fiscal year. E. Travel Approval Procedures 1. A Travel Authorization Form (TR -01) shall be completed by the traveler immediately upon determining that travel outside the Borough and Anchorage /Mat -Su area is required. 2. The traveler shall submit the completed Travel Authorization Form and any additional written justification to the appropriate endorsing and approving authority. 3. A copy of the approved Travel Authorization Form including any written justification shall be forwarded to the finance department. Policy No. TR -01, Employee travel and per diem Page 72 of 95 Page 6 of 7 F. Exceptions The Borough Mayor or Assembly President, as applicable, are the only persons authorized to approve any exceptions to this policy. Approved: David R. Carey, Mayor Date Policy No. TR -01, Employee travel and per diem Page 73 of 95 Page 7 of 7 4 FaA W POLICY & PROCEDURE r,r . '9LASY�A Title: Department: TRAVEL POLICY — (inclusive of, and superseding ALL CITY EMPLOYEES 2013 -01 2011 -2 "WAGES PAID DURING TRAVEL ") Approved BY Effective: Revised: 9/3/2013 - -- A. PURPOSE City Code Section 50 -209 sets out general provisions for employees and elected officials traveling on authorized City business, including persons traveling at the expense of the City ( "travelers "). Except as provided otherwise in City collective bargaining agreements or law, this policy provides a standard and uniform method for providing travel reimbursement and advances to travelers for reasonable expenses incurred while on official City business. Travelers must exercise reasonable judgment to travel at the lowest reasonable cost to the City. It is inherently understood in this policy that an individual traveling on official business is expected to exercise the same care in incurring expenses that a prudent person would exercise if traveling on personal business and expending personal funds. Excess costs, services and luxury accommodations solely for the convenience or personal preference of the traveler in the performance of official business will not be reimbursed. While this policy does not provide for every possible situation, it establishes guidelines for travelers to make appropriate and consistent judgments regarding the expenditures of City funds for reimbursable expenses. B. RESPONSIBILITY Under the direction of the City Mayor, the Chief Financial Officer shall ensure compliance with this policy. Department Directors shall also ensure compliance with this policy. They will review and approve each of their employees' travel requests and reimbursable expenses to ensure sufficient funds are available for the requested travel. Travelers will certify on the Travel Expense Report ( "TER ") that the expenses were incurred by the traveler requesting reimbursement for official City business, are reimbursable in accordance with this policy, and have not been reimbursed except as indicated on the report. Travelers will complete the TER and provide the required documentation to the City accounts payable accountant no later than 15 days after return from the authorized travel regardless if travel was pre -paid or being reimbursed. 1IPa�,e Page 74 of 95 OF FA 9 POLICY & PROCEDURE . gl+IStCA Title: Deperlment, TRAVEL POLICY — (inclusive of, and superseding ALL CITY EMPLOYEES 2013 -01 2011-2 "WAGES PAID DURING TRAVEL" Approved By. Effective: Revised: 9/3/2013 -- C. PRE- APPROVAL Department Head and Mayor (or designee) pre - approval is required for all official travel. A TER form will be completed with estimated costs and required information prior to any travel arrangements being made (TER form attached). Required information will include reason for travel, destination, dates, estimated total cost (tuition/registration, hotel, rental cars, etc.). Descriptive information regarding the event to be attended must be attached to the TER. Travel arrangements and course /workshop registration may only commence after all signatures are obtained on the TER form. Requisitions may not be initiated until the TER has been approved. D. TRAVEL ARRANGEMENTS Generally, travel and associated costs shall be arranged by the most economical means given the particular travel circumstances. Traveler productivity, not just fiscal cost, is to be given consideration when making travel arrangements. E. TRANSPORTATION TO/FROM DESTINATION: 1. TRANSPORTATION TO/FROM AIRPORTS: Expenses such as taxi, shuttle services, and parking (parking not to exceed three days) will be reimbursed. If courtesy airport shuttle service is available, that service must be utilized. 2. AIRLINE TICKETS Alaska Airlines using the City's "EasyBiz Corporate" account is the preferred way for air travel, unless another air carrier is cheaper. EasyBiz provides the benefit of awarding not only the City mileage accrual for use on future tickets, but also awards equal mileage to the traveler. At various times, the Mayor may direct that EasyBiz mileage credit will be used for travel. The City will not pay for first or business class travel or use air miles to upgrade to first or business class. If a traveler is combining official travel with a personal trip, they may purchase the ticket themselves and do not have to go through Easybiz, with the Mayor's approval. The traveler will be reimbursed only the amount of a ticket directly to and from the destination based on the rates the same day of purchase, and must include a copy of a same day price quote. Personal leave 21Pac Page 75 of 95 4 FAlq� POLICY & PROCEDURE '9LAS$4' Title. Department: TRAVEL POLICY — (inclusive of, and superseding ALL CITY EMPLOYEES 1 2013 -01 2011 -2 "WAGES PAID DURING TRAVEL" Approved By: Effective: Revised: 9/3/2013 1 - -- days or regularly scheduled off days that occur during the personal portion of the trip must be noted as such on the TER. Please note, when using a companion fare, the full -fare portion shall be in the name of the official traveler. Finance can provide information. The City will not reimburse for travel using personal air miles. If a traveler elects to stay at the business destination for additional (personal) time or days, they shall not receive per diem, reimbursable hotel accommodations or car rental. 3. AIRLINE DELAYS, OVERBOOKING, AND RESCHEDULING While on official travel, travelers shall not volunteer to receive any compensation by agreeing to be "bumped" from a flight if, as a result of the action, the City's costs are increased. When an airline assumes the cost of a traveler's lodging and meals due to delays or overbooking, the traveler shall not be "double reimbursed" for per diem and lodging costs. When the airline does not assume the cost of a traveler's lodging and/or meals, the traveler shall be paid in the same manner as the rest of the trip. 4. EXCESS BAGGAGE The City will only pay for excess personal and City baggage necessary to carry out official City business. Such baggage shall be transported by the most economical method. 5. PERSONAL VEHICLES A traveler may only use a privately owned vehicle when it is in the best interest of the City and pre- approved by the Mayor. The traveler shall receive mileage reimbursement equal to the miles entered in the mileage form times the established IRS rate in effect on the dates of travel. The IRS rate is available from the Finance Department. The maximum reimbursement for personal vehicle use will not exceed the cost of air travel. F. TRANSPORTATION AT DESTINATION 1. RENTAL CARS Rental automobiles may be used when the overall cost of the rental is less than the cost of other reasonably convenient means of transportation, or when there is no other means of transportation 311' 1, ,,e Page 76 of 95 F Fq/Q x r4 POLICY & PROCEDURE � 4LAStC4' Title: Department TRAVEL POLICY — (inclusive of, and superseding ALL CITY EMPLOYEES 1 2013 -01 2011 -2 "WAGES PAID DURING TRAVEL") 9/3/2013 1 - -- available. Rental cars must be requested in advance and must be justified on a need and cost basis over other forms of travel. An original detailed receipt is required. Reservations should be made by comparing at least 3 companies online and using the lowest rate available from a recognized provider, (or, you may also use WSCA "Western States Contracting Alliance" if you choose). Any traveler that is authorized to rent a vehicle is subject to the terms of the City Vehicle Use Policy, and cars rented may only be operated by the official traveler and for groups of official travelers, no more than the minimum number of cars to accommodate the travelers and luggage will be reimbursed. Rental cars will not be authorized without pre - approval of Mayor when lodging and the destination event are at the same venue. The City will normally reimburse the cost of a mid -size or smaller car rental. Rental of a car larger than mid -size is allowed only when three or more official travelers are traveling together or are transporting equipment requiring a larger vehicle. Such situations must be documented on the TER form. (If you are renting a vehicle in Anchorage, you can request a tax exemption letter from the Finance Department.) Rental cars may be driven on official business only. Official business includes usual travel related activity (restaurants, hotels, training locale). The City will reimburse the reasonable cost of parking for a rental car at hotels or other work - related events. Travelers renting vehicles on City business must include the City of Fairbanks on the rental contract and purchase liability coverage which will be reimbursed. If there is an accident or damage to any rental car, travelers are cautioned to never accept responsibility or admit liability. If the lessor requests information or payment, advise the lessor to contact Risk Management for the City of Fairbanks. If there is personal injury or an accident, telephone the Risk Management Department at 907 - 459 -6780 as soon as possible. 41P�Le Page 77 of 95 04 FA. POLICY & PROCEDURE 9�AIS Title- Depertrimt: TRAVEL POLICY — (inclusive of, and superseding ALL CITY EMPLOYEES 2013 -01 2011 -2 "WAGES PAID DURING TRAVEL" Approved By: Effective: Revised: 9/3/2013 1 - -- 2. TAXIS /SHUTTLES /OTHER TRANSPORTATION AT DESTINATION: Transportation to and from hotels, conferences, and other business destinations will be reimbursed. Receipts and descriptions of to and from destinations must be attached to the reimbursement request. The City will not reimburse the traveler for destination travel that is not business related. G. LODGING When overnight lodging is approved it will be reimbursed at actual cost. Hotel expenses are paid at no more than single occupancy rate unless otherwise authorized. Hotel rooms can be held either with a personal card or with a City of Fairbanks credit card. All business related phone calls and internet access charges will be reimbursed. Any other incidentals are the responsibility of the traveler unless otherwise authorized. Hotel selection is subject to review for reasonableness. H. PER DIEM Travelers will receive a flat rate meal allowance for each day of travel status in which the traveler is in travel status for ten or more hours in a 24 hour day. The per diem rate is set by City Code and collective bargaining agreements. Travelers in travel status that does not include an overnight stay will be reimbursed the documented actual cost of meals not to exceed $40.00. When in opinion of the Mayor, travel to or from an event cannot be reasonably completed the same day as the event, per diem is authorized in addition to overnight lodging reimbursement. I. REIMBURSEMENT AND ADVANCES The City will not require a traveler to pay for business trip expenses with personal funds (to be reimbursed upon return from trip) if the traveler declines to do so, however, it should be noted that the traveler may be required to submit personal credit cards to hotels for an assurance of payment of incidentals. Please allot five working days' notice for Finance to process advancements. 51Pa«t Page 78 of 95 FAQ F � 9tAS'�4` POLICY & PROCEDURE Title: Depertmmt: TRAVEL POLICY —(inclusive of, and superseding ALL CITY EMPLOYEES 2013 -01 2011 -2 "WAGES PAID DURING TRAVEL" Approved By: -,Effective - Revised 9/3/2013 1 - -- 1. HOTEL ADVANCEMENT Travelers can request accommodation advancement prior to travel or checks can be made out directly to the lodging company for the anticipated amount of the stay. Make sure that the hotel will accept a check from the City of Fairbanks. 2. PER DIEM ADVANCEMENT Travelers can request a per diem advance prior to travel. If travel is not completed or is shortened, the traveler must reimburse the City the difference or full amount, based on circumstances. Travelers receiving an advance in excess of actual costs (early return, additional discount given, etc.) are responsible for repayment of any excess amount within 15 days of return or the amount will be deducted from wages. 3. REIMBURSEMENT PROCEDURES Travelers can opt to pay for all travel expenses (with the exception of airfare, as noted above) and be reimbursed, can request advances as noted above, or a combination of both. Final TER's must be submitted to the Finance Department within 15 days of return (or cancellation of trip). The following shall be attached to the reimbursement request when submitted for final payment: 1. Final itinerary if anticipated TER travel times changed/varied. 2. Itemized commercial lodging receipts. 3. Receipts for transportation expenses. 4. Rental car receipt and agreement. 5. Receipts for any other business related incidental expenses. 6. Receipts for meals for travel completed without overnight stay. (Avoids IRS issues). Receipts must show amount paid, method of payment (cash, last four of credit card, etc.), and to whom it was paid. Original receipts are preferable whenever possible. Any expenses for which receipts cannot be provided may only be reimbursed by Mayoral approval (please complete a "No Receipt Report" which can be obtained from the Finance Department). Reimbursement of unsupported expenses may be disallowed and may be considered taxable and included in the W2. 611' g Page 79 of 95 FAtp POLICY & PROCEDURE v` ao '9tA511CQ' Title: Department: TRAVEL POLICY — (inclusive of, and superseding ALL CITY EMPLOYEES 2013 -01 2011 -2 "WAGES PAID DURING TRAVEL ") Approved By:, Effective: Revised: 9/3/2013 -- 4. THIRD PARTY REIMBURSEMENT: At times a business trip is eligible for reimbursement by a grant or third party. Eligibility for reimbursement shall be noted on the TER. The traveler is only entitled to reimbursement of travel expenses, per diem or other expense allowances, etc., in accordance with City policy and is to be paid by the City. The third party should be instructed to reimburse the City directly for travel expenses to reduce potential tax consequences to the traveler. When this is not possible, any third party reimbursement made directly to the traveler for expenses, per diem, and/or meal allowances shall be turned over to the City. When travel is being paid by a Federal or State grant, or other agency, the grantor's/agency's travel policy and per diem rates will be used. 5. NON - REIMBURSEABLE EXPENSES Include but are not limited to the following: A. Alcoholic beverages. B. Any parking or moving violation fines. C. Entertainment, activities of persons accompanying the official traveler, movies, and similar expenses. D. Banquets, meals and/or events /entertainment that are charged separately are only reimbursable if the attendee is a banquet speaker, an award recipient, or an award recipient's supervisor. E. Donations and gifts made while at training, conference, or meeting. F. Loss or damage of personal items. G. When two or more travelers travel in the same personal vehicle, mileage reimbursement will be paid to the traveler who provides the vehicle; passengers cannot claim mileage. J. WAGES PAID DURING TRAVEL Travel shall be scheduled at the mutual convenience of the City and the traveler during periods commercially and personally reasonable based on the circumstances of travel. For non - exempt employees, an employee is eligible for payment for travel time if the travel time cuts across the employee's workday (not to exceed the employee's scheduled hours of work, which may be 8, 10, or 12 hours). Wages will not be paid for time spent traveling as a passenger on an airplane, a train, a bus, or an automobile outside of an employee's regular workday. 7 111 .,,,. Page 80 of 95 POLICY & PROCEDURE v m 9�AS1�4' Title: Department TRAVEL POLICY — (inclusive of, and superseding ALL CITY EMPLOYEES 1 2013 -01 2011 -2 "WAGES PAID DURING TRAVEL" Approved W, Effective: Revised: 9/3/2013 -- For exempt employees, regardless of when the travel takes place, the employee shall receive his or her normal salary. While travelling on City business, attendance at optional social events beyond the work day are not compensable as work time. Attendance at required events beyond the normal work day schedule is compensable (Overtime for non - exempt; compensatory time for exempt). It is recognized that travel by employees on evening shifts may justify the grant of administrative leave by the Department Head in connection with travel for shifts immediately before or after travel. K. EXCEPTIONS Extraordinary circumstances requiring variations from these travel procedures may be approved by the Mayor and/or his/her designee and should be justified in writing. L. DEFINITIONS: "Official City travel, " "official travel " or "authorized travel" means travel approved by the City Mayor for City business. "Travel status" means time spent en route to, time spent en route from, and time attending an approved destination outside the Fairbanks North Star Borough for City business. Travel status may or may not be compensable depending on applicable labor laws and labor contracts. Travel time for air travel includes two hours prior to flight departure time. "Traveler" means the person travelling at City expense. 81P t,,C Page 81 of 95 Employment Policies Travel Travel Policy No. 36 APPROVALS: Manager 2 Attorney Assembly 1113/08 Effective Date: /�? - / -off POLICY TOPIC: Travel and Training /Continuing Education POLICY: Travel and Training /Continuing Education PURPOSE: To provide direction to those individuals, including elected and appointed officials, receiving training and /ortraveling on official Borough business. To provide instruction regarding the policy of the Ketchikan Gateway Borough for non - mandated and mandated employer -paid training. Failure to follow the established policy may, at the discretion of the Manager or Assembly, result in the Borough's refusal to pay or reimburse an employee /official's travel expenses. PROCEDURES: Page 1 of 12 Travel and /or Training Authorization Form (pre - travel approval). Priorto any travel or training on behalf of the Borough, the employee /official must complete the Travel and /or Training Authorization form to obtain approval from the department head. Assembly approval is required for all elected or appointed officials, the Manager, the Attorney, and the Clerk. Any trip for an elected or appointed official, the Manager, the Attorney, or the Clerk that is listed as a line item in the adopted budget will be assumed to have Assembly approval. Travel is approved for only one traveler, unless the adopted budget lists a specific number of travelers, and then only the number of travelers listed is authorized. Assembly approval is required for additional travelers. The Travel and /or Training Authorization form should be submitted as soon as the employee /official learns of the trip. The form must include an estimate of all expected costs associated with the trip. Once the department head or Assembly approves the travel or training and completes any missing information, the department head or administrative assistant should submit the written authorization, including documented cost estimates, to the Finance Department and obtain a Travel/Training Number from the Accounting Technician. The Accounting Technician will then maintain a log of all travel authorizationsjor all departments. The completed form should be given to the Finance Department. This form is required even if there will be no cost to the Borough or if the training takes place locally. Page 82 of 95 Employment Policies Travel Employee /officials who are required to go to the airport for travel should request ferry passes from the Accounting Technician for airport ferry passage. If the training qualifies as continuing education, please attach the Elective Training and Continuing Education Reimbursement Agreement to the Travel and /or Training Authorization form. if the training is listed as a requirement of the job in the pertinent job description, or required as part of an employment contract, the agreement is not required. If the employee /official wants an advance (see 'Per Diem" under section 43), the amount requested should be written under "Advance" on the authorization form. Please allow a minimum of 5 business days prior to travel for the travel to be approved and an advance check to be cut. If no advance is requested, the employee /official should write "0" on the advance line. 2. Travel and /or Training Report (post - travel report) The employee /official should submit the Travel/Training Report as soon as possible after the training is completed, but no later than 2 weeks after returning from the training /travel. Travel and /or Training Reports that are not submitted within 2 weeks of returning will not be processed for reimbursement, unless specifically authorized bythe Manager.' A completed Travel/Training Report should be given to the department head forapproval, and then forwarded to the Finance Department. When an employee /official does not complete a TraveUTraining Report within 2 weeks of returning from the Travel/Training and if a reimbursement is due to the Borough, at the Manager's or the Assembly's discretion, a payroll deduction may be made to the employee /official's next payroll. Attached to the Travel/Training Report should be a narrative of the trip explaining the reason for travel and the benefits to the Borough, (unless it meets the criteria for an Exception as listed on page 3). This narrative portion should be in memo form to the manager indicating dates of travel, training or seminar. attended, and by whom. In orderto be reimbursed fortravel expenses an employee /official must also attach all actual receipts for hotel, car rental, cabs, other ground transportation, tuition, and required trip - related Borough business expenses, and any other incidentals. If an employee /official wants to be reimbursed, they must submit receipts for the expenses. Credit card receipts or statements are not enough for reimbursement, and a reimbursement will not be issued without actual receipts. The employee /official mustsubmitthe Page 83 of 95 Employment Policies Travel actual invoices /bills that detail the charge. The following are examples of items that are not reimbursable: alcoholic beverages, candy, sun glasses, newspapers, movie rentals, room service, valet parking, etc. To be reimbursed for meals, the employee /official needs to indicate on the Travel and/or Training Report the number of partial and full days. The employee /official should attach a trip itinerary, boarding passes, etc., to indicate dates and times of travel. While the employee /official is not required to turn in the detailed receipts for meal expenses, the employee /official should keep detailed receipts for federal income tax reporting purposes. The total Per Diem amount should be listed under the column for Expenditures Paid by Employee. The columns for Expenditures Paid by Borough and Paid by Employee must be totaled. The amount the employee /official requested as an advance should be deducted from the Total Expenditures Paid by Employee. If the advance payment received by the employee /official was more than the total expenditures, then the employee / offciai must attach paymentto the Borough for the difference. If the advance payment is less than the total expenditures, the difference will be reimbursed to the employee /official according to established procedures. EXCEPTIONS: A. A Travel and /or Training Report is not required if all three of the following criteria are met: 1. the employee /official did not request an advance, 2. the training was successfully completed, 3. there has been no cost to the Borough other than registration fees to local vendors. B. A Narrative is not required to be completed in the following situations: 1. Travel andlor Training completed (providing there has been Assembly or Board approval) by elected or appointed officials or the North and South Tongass Volunteer Fire Department 2. Travel done for Official Borough Business that meets the following criteria: a) it is of a highly sensitive nature; b) and a report will be given to the Assembly in an Executive Session; -or c) the Travel is of a reoccurring nature such as AML meetings. Page 84 of 95 Employment Policies Travel 3. Continuing Education Regular Full -time employees are provided the opportunity to take classes and /or training with the Borough reimbursing the employee for the class or training if the following criteria are met:* A. The class /training will enhance the employee's ability to perform his/her duties assigned by the Borough. B. The employee completes a Travel and /or Training Authorization form and explains how the training will benefit the employee's performance. C. The Travel and /or Training Authorization form is approved by both the employee's Department Director and the Borough Manager. D. Local classes /training will be held during non - business hours on the employee's own time. The Borough will not pay the employee for the time spent associated with the class or training. (Exceptions may be granted on a case -by -case basis by the Borough Manager. (Ex. Training is necessary for licensing requirements). E. Non -Local classes /training may be held during business hours or non - business hours. In either case, the Borough will only pay the employee their normal straight time pay for 8 hours per day. No overtime will be authorized fortime spent associated with the class or training. F. Prior to receiving reimbursement, the employee will sign an Agreement for Continuing Education stating that if the employee voluntarily terminates their employment with the Borough within one year of the class /training completion date, the employee will reimburse the Borough for all expenditures made by the Borough for that class /training. G, Upon satisfactory completion of the class /training, the employee shall submit proof of satisfactory completion and a signed Agreement for Continuing Education, with a check request through his /her Department Director for reimbursement of the costs. If the reimbursement request includes the cost of books /training materials, those books /training materials become the property of the Borough. H. Reimbursement of expenses is the preferred procedure, however ff an employee requests the Borough pay forthe classitraining In advance, the employee will submit a signed Agreement for Continuing Education with the written request prior to the Borough making any Page 85 of 95 Employment Policies Travel expenditure. This agreement acknowledges that if the class /training is not successfully completed, the Borough will withhold expenditures made for that class /training from the employee's future pay. In all cases, the Department Directorwill forward a copy of the signed Agreement for Continuing Education to the Manager's Office for signature and placement in the employee's personnel file. A copy of the signed agreement will be sent to the Finance Department for placement in the employee's payroll file. This agreement will remain in the payroll file until all the conditions of the agreement have been satisfied. *Note: This SOP applies only to the classes /training not specifically mandated by the Borough, such as through job descriptions, or employment contracts. Employees who request training, or who voluntarily accept training offered by the Borough, will comply with this SOP as a condition for Borough payment of that class /training. 3. Additional information A. Travel Arrangements through Alaska Airlines: If an employee /official -will be traveling on Alaska Airlines, reservations and purchase tickets on -line through the Easybiz program should be utilized. This should be done by an Administrative Assistant or designated person for each department. For instructions and procedures for this program contact the Controller in the Finance Department. B. Air Travel Guidelines' 1. All domestic air travel (including Canada) will be in coach class — the Borough will not pay for first class. 2. Travel arrangements should be made as far in advance as possible to take advantage of the most economical rate. 3. If there are penalties associated with changing reservations, the Borough will pay for these, provided the Borough required the change or the change was beyond the control of the employee /official. Ticket changes need to be justified inwriting and approved by the Manager and attached to. the original Travel Authorization. Penalties or cancellation charges incurred for any other reason will be the responsibility of the employee /official. This Includes changes to get on earlier flights. 4. Airline travel will originate in Ketchikan or the employee /official will be responsible for any additional routing fees. The exception to this would be if the employee /official is already at Page 86 of 95 Employment Policies Travel a different location and their Department Head orthe Manager determines that it would be in the best interest of the Borough for the employeelofficial to attend a conference or meeting before returning to Ketchikan. 5. The Borough will only pay for excess personal or Borough baggage necessary to carry out official Borough business. C. Hotel and Lodging: Every effort should be made to stay at a location close to the eventto minimize transportation costs. When comparing hotel rates, take into account the cost for a rental car if choosing one hotel over another eliminates the need for a rental car. All domestic hotel rates should be reserved at the lowest corporate or government rate. Suite accommodations are not permitted; the Borough pays only for single rooms. If late arrival is guaranteed and the reservation must be canceled, the cancellation must be made within the time allowed. The Borough will not pay for no- shows; unless there is an unforeseen emergency and time does not allow it. No additional hotel charges such as: phone, (unless the employee /official does not have a cell phone and the call is for Borough business), room service, movies, laundry, parking (unless permission has been obtained for a rental car), valet service, etc. D. Rental Car. The use of a rental car is permitted only if the conference or meetings are not within close proximity to the hotel: there is no availability of free shuttles; and with the express written approval of the Borough Manager. When permission is granted, personal medical insurance should not be purchased, since the employee /official is already covered under Workers' Compensation insurance when the car is used for Borough business only. If permission is granted, for less than three employee /officials traveling together, the Borough will reimburse for the cost of a compact or midsize car. Upgrades are permissible if three or more employee /officials are traveling together, but an economical rate should be sought. The Borough will not pay for luxury rental cars. If permission is granted and an employee /official has retained a car for a weekend, such expenses are personal — and the car rental expense will be allocated between business and personal use — and the employee /official will be expected to pay the prorated amount. Page 87 of 95 Employment Policies Travel The exception to this would be when used to travel on a weekend to another location on Borough business. Rental charges must be supported with a receipt. Further, the employee /official should make sure to return the car with a full tank of gas. Disallowed Expenses: The Borough will not pay for vehicle overdue parking tickets either in Ketchikan or when an employee /official is traveling —those will be the responsibility of the employee /official. E. Ground Transportation: Taxi cabs should only be used when there is no free shuttle service. Most larger (and even smaller hotels) offer free shuttle service from the airports to the hotels. F. Per Diem: To estimate meal expenses and request an advance, the following is the current standard: Breakfast 12.00 Lunch 16.00 Dinner 32.00 Full Day — Per Diem $60.00 This is the maximum amount that may be requested as an advance payment. The advance will be deducted from the employee /official's actual Per Diem based on Travel Days to determine the amount of reimbursement due to the employee /official or to be refunded to the Borough. An amount equal to the above referenced Per Diem rate will be reimbursed for meals. The $60.00 rate will be reimbursed for the number of days that an employee /official is required to be gone for training or other official Borough business. A partial Per Diem rate will be reimbursed for the days of Departure to the training or official business and Arrival from the training or official business as detailed below: Replaced for Assembl Revisions to DPP FE 88 of 9 p y a lowed Expenses, Jan 19, 2009 Reg Meeting. Employment Policies Travel Per Diem is intended to pay for the actual days that an employee /official is away from home on Borough business. If an employee /official extends their stay due to personal reasons and it is not required due to scheduling of transportation, then any additional meal charges will be the employee /official's responsibility and they will not be paid Per Diem for the additional days. Occasionally, a traveler is provided with a meal while at a conference or meeting, or as part of a lodging package such as at bed and breakfast inns (and where the Borough is reimbursing for actual lodging costs). When a traveler is provided and consumes a meal in these or similar circumstances, the traveler is not eligible for the related meal allowance. If an employee /official returns earlier than indicated on their Travel Authorization, they will be expected to repay the extra per diem. DEPARTURE TO TRAINING /OFFICIAL BOROUGH BUSINESS: Rate Check -In Times Allowable Meals Rate Cede Prior to 11:00 a.m. Full Da $60.00 1 11:01 a.m. —4:00 p.m. i Lunch, Dinner $48.00 2 4:01 p.m. — 6:00 p.m. Dinner $32.00 3 After 6:00 p.m. No Per Diem -0- ARRIVAL FROM TRAINING /OFFICIAL BOROUGH BUSINESS: Rate Arrival Times Allowable Meals Rate Code Prior to 11:00 a.m. I Breakfast $ 12.00 4 11:01 a.m. -4:59 p.m. i Breakfast, Lunch 28.00 5 After 5:00 .m. Full Da 60.00 1 Page 89 of 95 Employment Policies Travel G. Telephone Expenses Telephone charges for personal use are not reimbursable. Employeelofficials shall pay all telephone expenses when checking out of the hotel, unless they are Borough - related. H. Credit Card: As much as practical, expenses should be pre -paid by the Borough. Travel expenses incurred on behalf of the Borough (airfare, hotel, car rental, etc.) that have been estimated and approved on the pre - Travel and Training Authorization can be charged to the employee /official's personal credit card. However, the expenses must be pre- approved, and only that specific employee /official's personal credit card can be used. Once travel is completed, all actual receipts must accompany the Travel Report. Credit card receipts, copies of receipts, or credit card statements will not be accepted for reimbursement. Employee /officials cannot charge the expenses of other employee /officials to their own credit card, and then request reimbursement. Employee /officials may request that the vendor direct bill the Borough or submit a check request to the Finance Department for the vendor to be paid in advance or submitted in person to the hotel at check -in time. Personal Travel: When official Borough Business is combined with personal travel, in no event will the Borough pay more than it would if the trips were not combined. Employeeslof iicials should pay for the personal portion of the travel directly, i.e., if two nights out of five of a hotel stay are personal, the employee should payforthe two nights directly, andthe Borough will pay three nights. The Borough will not pay for spouse and /or children's travel costs unless specifically approved in advance and the spouse andfor children are traveling under official Borough business. J. Purchase Orders: Purchase orders or XL's should not be used any more for travel and /or training since the Travel and /or Training Authorization form provides for all appropriate approvals. For tracking and control purposes a TraveltTraining Number will be assigned by the Accounting Technician in the Finance Department K. Canceling, Void /Uncashed Checks: Page 90 of 95 Employment Policies Travel Please notify the Finance Department as soon as possible when the travel/training is canceled or is not successfully completed. Any unused, voided, or canceled checks should be promptly returned to the Finance Department. Page 91 of 95 Employment Policies Travel Revised 1p7 W0$ KETCHIKAN.OATSWAY BbR-buOH Travel -an.ftr Tralrilno Authafteftn DrjAqi)Y4O.TtkIhIh6 Elr*�-fryb . Tn*.klitsr Name Dale . ....... —...e Deperhant VondnrNo. Trmssl'oabs fWinibur5ernerit by-GTanff Yes Cfesftfflon NO 1:;Yrpwe 0-ravol: AlIkOWELd BWr Itjpq if yes, pjeaseftoh afghtd Aofeeheft foe 'bow * V%e POUP016g P 9A POW Canlinditg EduciUciL ybs. No PdnBdloafed Gods UL No:: MOLSAr ORM TWO Wdoile Nw- Ar- AMW W*w FAUX FIA OA (3murid Tiansp- Utemlert2sm C, Proftdw* it ME. )KIM kh im �5m& Eth M ee('rmtUte. Bale ft Prp" W- MWMPA 4-to Moke swplesand distribute to P40, OPparInmIF.iaad,,trnp.Wm Page 92 of 95 Employment Policies Travel Revised 71SM8 Keli;hiOn GeiteWa-y B'GTPUgb" Tml-dl. t TrWdig-A06ri oflorw rQA-cbbaft RWA6: -M4kd;Z!Ob&sendidWUrt€ 10 PWrb2 0J76PzrdftiWRtId: eDWKP- Page 93 of 95 WY40PIli —VAID.MY BOROUGH FAIDUY EMPLOYEE Ttav@: Trani. Arr Air, FQTry. Ferry IJ1e15'at Per. MM R6115 a P&r Dfin FW13S, TOTAL 'QD16— oatljmaPoNni i P�dft 4 Fdkpm rdr ]a . tc . WN bdut' odd* imaw O.A ,T, glac& ILOM I gb;4q F,* ii 4 7W% %. A* F Fpqoft �Slsq-*rg T oflorw rQA-cbbaft RWA6: -M4kd;Z!Ob&sendidWUrt€ 10 PWrb2 0J76PzrdftiWRtId: eDWKP- Page 93 of 95 City of Kodiak Mayor and Council Travel Policy POLICY: Mayor and City Council Travel Policy PURPOSE: To establish policies and procedures for requesting and approving travel for the Mayor and Councilmembers. STATEMENT OF POLICY: It is the policy of the City of Kodiak that Mayor and Councilmember travel for official City business outside the City of Kodiak be conducted during reasonable hours in the most direct and economic means necessary to accomplish City business. CODE OF CONDUCT: While traveling on City business, elected /appointed officials are expected to attend all scheduled events and meetings. Officials shall not conduct personal business or lobby on behalf of an employer, agency, or organization from which the official derives non -City financial benefit. Councilmembers shall attend scheduled meetings with state and federal elected officials and /or staff as a group and shall not represent the City or seek meetings as a single entity, unless directed by the Council as a whole. Failure to follow the established policy and code of conduct may, at the discretion of the City Council, result in the City's refusal to pay or reimburse travel expenses. Travel Criteria Travel shall only be approved when the following criteria are met: • The travel expense has been budgeted. • Not more than three Councilmembers shall travel to the same meeting or conference, unless approved by the Mayor. • The Mayor or any Councilmember who travels outside the City at City expense will be required to submit at the next regular Council meeting, either orally or in writing, a report of their activities and their opinion of the benefit to the City. • Travel will support state or federal efforts that are beneficial to the City of Kodiak, or travel is for specific training or attendance at a national or state board /committee meeting or conference as a municipal representative, and the exchange of information could reasonably be expected to result in a benefit to the City of Kodiak or its residents. PROCEDURES: 1. The Clerk shall prepare an annual travel calendar to be reviewed during the annual budget presentation. The purpose of the calendar will be to estimate Mayor and Council Travel Policy — Record No. 198545 Revised February 28, 2013 Attaclunent to Resolution No. 2013 -03 Page 1 of 2 Page 94 of 95 Mayor and Council travel expenses for the upcoming year. The Council shall endorse or amend the travel calendar and related expenses, which will be included in the budget. 2. At a Council work session prior to an upcoming travel event, the Council will discuss the travel event, voice a consensus identifying the officials to travel, and direct staff to arrange for travel. Staff is authorized to add elected official travel to work session agendas as needed. 3. The Clerk's Office shall arrange approved travel. Receipts must be provided to the City Clerk within fifteen days following travel. The City will prepay airline tickets and registration fees. Hotel rooms will be guaranteed with a City credit card or purchase order. Officials may use their individual City credit card to pay hotel room costs or may use their private credit card and will be reimbursed by the City upon producing receipts to the City Clerk within fifteen days following the travel. City credit cards shall be returned to the Clerk's Office within fifteen days following travel. Any charges to the hotel bill that include food, phone calls, movies, or any other expense not related to City business shall be reimbursed to the City within fifteen days following travel. Officials shall use free hotel shuttles when available. If free shuttle service is unavailable, officials may use their City credit card to pay for taxi expenses to and from the airport or may pay the expense and produce receipts for reimbursement. Rental cars are not authorized unless the event is a significant distance from the airport and other transportation is unavailable. The City shall not pay taxi expenses to shopping areas, tourist attractions or similar events, or to restaurants unrelated to the travel event, unless there is no restaurant close to the approved event or hotel. 4. Any travel upgrades and /or deviations from direct routing shall be paid by the official traveling. All change fees or additional costs incurred as a result of altering airline reservations for personal reasons, excluding unanticipated illness or unanticipated changes to an elected official's work schedule, are the responsibility of the Mayor or Councilmember for which the travel applies. The Clerk shall be consulted prior to any unanticipated travel changes being made. 5. Per diem for elected /appointed officials will be the same rate as city employees receive. (KCC 2.08.037). Per diem rates are authorized via separate resolution of the Council. EXCEPTIONS: Every effort will be made by the Mayor and Council to follow the policy and procedures. If unanticipated travel becomes necessary that is not budgeted and the procedures outlined above cannot be followed, the Mayor may authorize travel and shall instruct the Clerk to notify the Council and Manager of the authorized travel. In the event the Mayor is out of town or is otherwise unavailable, the Deputy Mayor will follow this procedure. Mayor and Council Travel Policy — Record No. 198545 Revised February 28, 2013 Attachment to Resolution No. 2013 -03 Page 2 of 2 Page 95 of 95 KPB Parcel Viewer „tir , Printed: Mar 04, 2014 Kenai City Council Presentation - March 4th, 2014 from South Beach - Waterfront Coalition We, of the South Beach Waterfront Landowners Coalition want to extend our thanks to Mayor Porter and each of you on the city council for making the time to address the issues surrounding the Kenai Dipnet Fishery. As residents, neighbors, and responsible citizens we are faced wecame clear that the cith the severe impacts of an In talking with many of has ill- conceived, misbegotten fishery concept that has gone totally amok. You over the past few weeks when you visited our properties, it b been hard pressed to cope with this P/U fishery for more than five years. The passage it of time shows us there will be no respite from this onslaught. The city's infrastructure and agencies have been overused and abused. It seems that no matter how much the city asks for help, very little is ever received from the State of Alaska or any of its agencies. We believe this dilemma has caused many residents in Kenai to defend themselves and their belongings, or just leave town for a month. The down- stream impact to our quality of life is evident. July, our best month of the whole year is when most of us want to bolt our doors and run somewhere else. We know that other, more populous parts of the state love coming to the Kenai. We are very lucky your predecessors had the strength, fortitude and foresight to stand up and flex their muscle in the past. They laid claim to the land, in, around, and under, the prized Kenai River. They built, paid for, and we continue to own key assets like boat ramps, docks, and our beaches. As joint owners of these assets we must from time to time ask ourselves how they are best maintained or improved. We must also ask ourselves how to protect them from those that would harm them. Sometimes these attacks come in the form of an angry mob. I am now describing why some folks might choose to run or avoid the obvious solutions. We of the South Beach - Waterfront Coalition are not going to run, or be run over by those crazed mobs, or by those who run from the obvious solutions. We are here as residents, and caretakers of a city where everyone in Alaska wants to be. We are here to present a solution to this council that will slow the thundering mob. We have laid out our suggestions in the packets provided to each of you. We believe this body has the strength of its forefathers. We are stepping forward as your first line of defense for the Kenai south beach waterfront. We know some of our previous city leaders understood the value of a city ordinance that closed the north side beach to motorized traffic as a way to control the chaos of those days. We are offering the same solution on the south beach. We are asking for a prompt decision so we have the time to creatively address the downstream impacts like parking and the city budget. We, in the South Beach Landowners Coalition want to join our fellow neighbors and residents of Kenai, to stand up and hold claim to what is rightfully ours. We now ask this strong city council and Mayor Pat Porter to create an ordinance that prohibits all motorized traffic on the south beach of the Kenai River as described in our proposal. Should the council enact the ordinance described above, we will allow agency vehicles for patrol, maintenance, and emergency response, along with any of the public that wishes walk, across our land. This could be done in a corridor above Mean High Water and the front of the dunes. Should the city council fail to pass this ordinance, we will defend our land from trespass by all legal means. We will demand reimbursement for all costs incurred in defense he oft trespass, allowed or encouraged by access fees charged or instruction given, by Y Department of Fish and above Mean H ghrWater. As a groYup wile will all motorized decide whether from the private property pedestrians will be allowed to cross that afore mentioned corridor- pedestrians i is are once again depending on the wisdo1mnfor�esightdand strength of you, our Council our and the leadership of Pat Porter as our Mayor, to stand up for all of us in this battle against those who would ruin all that we have. Again, thank you for your time. We look forward to a prompt reply to our request. Bruce & Astrid Friend Representing the South Beach - Waterfront Landowners Coalition Kenai River Personal Use Dip Net Fishery South Kenai Beach Access Issue; The City of Kenai has adopted a policy and is charging fees to the general public for daily Camping, Parking, and the use of Outhouse Facilities along the south beach of the Kenai River from Dunes Rd. to the mouth of the Kenai River. These fees are collected before entering the beach at the only two access points as noted on the map. The city states that the services include access to portable outhouses, garbage dumpsters, parking, and overnight camping. Seven individual landowners are being forced to defend against public vehicular trespass on their private property. See the attached map as description of the properties being represented. These trespass issues, brought on by the City of Kenai and ADF &G include but are not limited to; 1. Severe Beach, Dune, and Habitat Destruction- caused by churning tires continually trenching furrows across all portions of the south beach. (This trenching and aeration of the silt and sand cause severe loss of material during following high tide cycles) 2. Loss of all drift wood and natural materials (being burned by the camping public) that bind and stabilize the silt and sand to the shoreline and dunes. 3. Vehicular Pollution- including fuel, oils, exhaust fumes, blowing sand and glacial dust raised by hundreds of passing cars, trucks, ATVs, and motorcycles every day. 4. Exhaust and Loud Music Noise Pollution- again, caused by cars, trucks, ATV's and motorcycles that must pass by, or try to camp and park on the subject properties. 5. Camping Related Damage- which includes trash, urination, defecation, blowing sparks and smoke from open fires. 6. A Significant Loss of Private Property Value- due to damage incurred from current policies and resulting items listed above. 7. Owners Cost of Materials and Labor- required in defense of trespass by vehicular traffic, being encouraged by the current City and ADF &G policies. The private parcels described by this group of owners extend down to the Mean High Water Mark of Cook Inlet or a 19.1 ft. tide. (This level is defined by the average of all the high water heights observed over the National Tidal Datum Epoch [about 19 years]) As noted on the attachment, the Alaska Department of Fish and Game directs all vehicular traffic to drive "only above the mean high water mark and below the dunes (seemingly defined by the presence of beach grasses). A significant portion of this defined route along the south shore beach is wholly owned by the individuals filing this complaint. As a means of further clarifying this issue, the following items must be noted; 1. All 7 property owners between both access points noted on the map have clear title to all lands above Average Mean High Water without any other easement granted along the Cook Inlet. 2. The owners are NOT INTENDING TO LIMIT OR RESTRICT ANY FOOT TRAFFIC BETWEEN THE HIGH WATER MARK OF 19.1 Ft. AND THE DUNES. (as defined by the presence mounded sand containing grass) at this time. This foot traffic trespass would not include any form of camping or staying on the subject property beyond normal access by foot across the properties. 3. There are a total 43 individual high tides during the proposed 2014 P/U Dipnet Fishery. There are only 5 of these high tides events where a normal 4 wheel drive vehicle could pass safely between the 19.1 foot Mean High Water Mark and the waters of Cook Inlet. (Given that there is no onshore waves) 4. This means that the city will be charging for access to parking and camping at a point that cannot be accessed, or returned from, during many hours of each day and night. S. There are 38 high tide cycles (lasting 1 to 3 hours) where no emergency vehicular traffic will be able access the South Beach P/Ll Fishery. 6. Should an emergency take place during any of these 38 high tide periods, emergency access would be limited to boat or helicopter only. 7. There are 6 tides that will crest at or above 23 feet. Any combination of that high water and any onshore wind will result in absolutely no parking area being above the salt water of Cook Inlet. It should be further noted that the destruction caused by these six events will bring havoc to the public and the agencies responsible for allowing access. 8. We believe the City of Kenai, The Kenai Peninsula Borough, and ADF &G is responsible and culpable for damages caused by their past and future policies pertaining to the south beach access. We, as private property owners wish to help all of these entities by joint cooperation and reasoned solutions regarding motorized vehicles on the south beach. 9. It should be noted that there has been a clear precedent set by the City of Kenai and ADF &G rules regarding vehicular traffic on the north beach which restrict vehicular access. As residents and taxpaying landowners within the city and borough we would expect no less consideration of our issues. 30. There are no commercial setnet fishing sites between the Dunes Rd. access and the mouth of the Kenai River that require access. 11. Given that the City and Borough would agree that no "Public Vehicular Traffic" is allowed on the south beach from Dunes Road to the mouth of the Kenai river, owners would possibly agree to allow Agency Emergency and Patrol Vehicles along with equipment required to maintain sanitation. (Outhouses and Dumpsters) access above the Mean High Water Level of 19.1 ft. and the Dunes when required to access the areas near the mouth of the Kenai River. The landowners are asking the City of Kenai and the Kenai Peninsula Borough to restrict all motorized vehicle access to the south beach between Dunes Rd. and the mouth of the Kenai River. It is also the landowners sincere hope that the promises made nearly 10 years ago to develop a direct public access and parking area near the Kenai River mouth via an extension off of the Inlet Salmon Road would be completed as soon as reasonably possible. This access would surely mitigate the damage being inflicted upon the South Beach area by the current access routes and agency policies. For any questions or clarification regarding this notice please email; Bruce Friend bruce.friend@gmx.com _I OVA ,...,. a -.neon • Station HOAAM0dinate S Station TypeST /LDToate _ Time Zone:LS7/LOT Dan mscan lower low water(MLLW) which is the chart datum of soundings mew nae rrearc11e116 Kenai River entrance „2014 ✓ C vii 1c4( N0 IA ✓l \IN(� -T(AGS NO- Uy N6N- C14fC1I Tf4-e S w.� No access i jslt� Disclaimer. These data are based upon the latest irdo TI-15- available as of the date of your reguest, and may differ from the published tide tables. Referenced to Station: SELDOVIA, Kachemak Bay( 9455500 )rime offset in mina (high:] 1210w: 138) Height offset in feet (high: +2.70 low: +0.60) 6e1'eratad O,-.: Nior Feb .0 20:30:45 GW.T 201, July August September Time Hei t Time Height Time Height Thee Height Tim Height Time Height h m ft un 1 01:42 AM 3.5 07 h m ft an 16 02:01 AM -0.1 3 h m ft an 0228 AM 29 88 h m h an 16 0321 AM 0-5 15 h m 8 an 1 0322 AM 29 88 h m ft an 16 04:49 AM 3.7 113 Tu 07:14 AM 19.8 0290 PM -0.1 3 W 07:42 AM 2Z5 686 02:22 PM -2.5 08:06 AM 18.6 567 Sa 09:11 AM 19.2 565 M 09:17AM 16.9 515 TO 1105AM 162 494 0805 PM 19.4 1 -76 08:26 PM 22.6 689 02:37 PM 2.0 61 08:30 PM 19.5 584 03:30 PM 2.7 82 0329 PM 5.3 162 0505 PM 7.4 226 0925 PM 20.6 628 09:12 PM 19.0 579 O 10:50 PM 17.1 521 2 0221 AM 3.9 9 W 0752 AM 18.7 O 1702:53 AM OS 15 08:35 AM 20.8 634 03:10AM 3.5 107 08:50 AM 17.3 527 170420AM 2.0 61 2 0421 AM 3.6 110 1706:14AM 4.6 140 02:35 PM 1.0 0 Th 03:10 PM -0.5 -15 03:15 PM 3.5 107 Su 10:15 AM 77.3 527 Tu 1028 AM 15.9 485 W 1238 PM 15.9 485 08:40 PM 18.9 09:13 PM 21.7 661 09:08 PM 19.0 579 6426 PM 4.9 149 m 1022 PM 19.1 582 0432 PM 6.6 201 0 10:15 PM 18.3 558 0637 PM 7.9 241 3 0309 AM 4.4 1 08:34 AM 17.6 1803:50 AM 1.4 43 09:34 AM 189 576 0359 AM 4.0 722 09:44 AM 16.1 180531 AM 33 701 3 0539 AM 39 179 1$1220 AM 76.6 506 Th 03:13 PM 22 F 04:07 PM 1.7 52 491 0407 PM 4.9 148 17:38 AM 16.0 488 M 11:58 AM 75.7 479 W 1-h 0743 AM 45 137 09:17 PM 18.4 56 7005 PM 20,6 628 09:54 PM 18.5 564 0535 PM 6.5 198 1132 PM 18.0 549 0554 PM 7.1 216 1137 PM 18.1 552 0155 PM 18.6 506 0805 PM 72 219 4 03:51 AM 4.9 14 F 09:23 AM 16.4 19 94:54 AM 2.2 67 10:42 AM 172: 524 0500 AM 4.3 131 1055 AM 75.2 463 19 0657 AM 3.7 113 01:08 PM 4 07:03 AM 32 98 19 01:40 AM 17.1 521 03:55 PM 3.5 1 Sa 0459 PM 3,8 116 05:07 PM 6.1 186 15.8 482 Tu 0700 PM 0122 PM 16.7 509 1-h 06:45 AM 3b 718 F 70.'00 PM 18.0 0 7104 PM 19.7 600 10:54 PM 18.2 555 7.3 223 0720 PM 6.5 198 02:46 PM 17.6 536 0902 PM 5.9 180 $ 04A7 AM 5.0 1 1023AM 15.4 20 06:08 AM 2.7 62 7203 PM 16.1 491 06:16 AM 4.0 122 1222 PM 15.2 463 20 12:52 AM 17.6 536 5 0101 AM 18.9 578 20 02:36 AM 189 549 Sa 04:45 PM 4.7 143 SO 0607 PM 5.3 162 0 06:17 PM 6.7 204 08:17AM 3.3 101 W 08:16AM 1.8 55 F 0928 AM 3.0 91 Sa O 70:49 PM 17.9 546 0225 PM 163 503 0225 PM 18.4 561 0323 PM 18.6 567 08:22 PM 6.9 210 0832 PM 4.8 146 09:42 PM 4.5 137 8 0552 AM 4.8 140 1137 AM 14.9 21 0727 AM 18.0 579 0727 AM 26 79 12:08 AM 18.4 561 21 0293 AM 78.0 549 6 02:12 AM 20.4 622 21 03:19 AM 19.1 582 Su 0507 PM 5.6 171 171 M 0129 PM 46:0 488 0733 AM 3.0 91 01:43 PM 16.1 491 09:16 AM 2.5 76 1-h 03:18 PM 17.4 530 09:13 AM 0.0 0 Sa 03:16 PM 20.3 619 1001 AM 2.1 64 Su 11:46 PM 18.1 552 0723 PM 6.1 186 0736 PM 63 192 0920 PM 5.9 180 09:29 PM 2.6 79 0353 PM 19.6 597 10:16 PM 3.1 94 7 0702 AM 4.0 122 M 1256 PM 152 463 22 01:17 AM 18.8 573 08;37 AM 2.0 61 01:18 AM 19.3 588 08:40 AM 22 0257 AM 18.8 573 ] 03:11 AM 22.1 674 22 03:55 AM 20.1 673 0656 PM 6.0 183 Tu 02:42 PM 46.7 509 1.3 40 Th 02:47 PM 17.7 539 08:58 AM 1.6 49 P 0357 PM 18.4 661 10:02 AM -1.5 -46 Su 04:00 PM 227 674 M 1031 AM 1.4 43 08.34 PM 6.1 186 08:45 PM 5.1 155 10:03 PM 4.7 143 10-19 PM 0.4 12 04:21 PM 20.6 628 10:47 PM 1.7 52 8 12.47 AM 18.7 5 r 08:08 AM 2.5 23 02:19 AM 19.1 582 09'33 AM 12 37 0224 AM 20.7 631 '23 03:40 AM 19.7 600 8 0403 AM 23.5 716 23 04:30 AM 21.0 640 T. 0208 PM 16.2 W 0337 PM 47.8 533 0935 AM -0.7 -21 03:39 PM 19.5 594 10:32 AM 0.8 24 Sa 0429 PM 19.4 591 10:46 AM -27 -82 M 04:41 PM 23.7 722 Tu 1100 AM 0.8 24 08;04 PM 5.6 1 0931 PM 5.5 168 09:43 PM 3.3 101 1099 PM 3.6 110 1706 PM -15 -46 04:48 PM 213 655 11:19 PM 0.6 18 9 07:46 AM 19.7 0904 AM 0.7 21 24 03:10 AM 19.6 597 10:16 AM 0.3 0322 AM 22.3 680 24 04 :17 AM 20.5 625 9 0452 AM 24.5 747 24 0503 AM 21.6 658 W 03:07 PM 17.7 539 Th 9 0420 PM 18.4 561 1023 AM -25 -76 0425 PM 21.3 699 11:02 AM 0.1 3 Su 0458 PM 20.2 11-28 AM -32 -98 TO 1130 AM 0.5 15 W 09:05 PM 4.7 t 10:17 PM 4.7 143 10:34 PM 1.4 43 616 11:12 PM 25 76 0521 PM 24.7 753 O 1150 PM -2.7 -82 05:15 PM 20. 874 • 11:50 PM -02 -6 j 0 02:42 AM 21.0 640 0955 AM -12 37 25 0354 AM 202 616 7053 AM -0.4 -12 0 04:14 AM 23.7 722 1108 AM 25 04;51 AM 21.1 643 10 0536 AM 24.7 753 25 0537 AM 21.8 664 1-h 03:59 PM 19.2 585 F 0456 PM 19.2 585 3.8 -116 05:08 PM 22.8 695 1131 AM -0.4 -12 M 1299 PM -29 -as N 1201 PM 0.6 18 Th 0959 PM 3.5 107 1056 PM 3.9 119 11:22 0526 PM 20.9 637 0601 PM 25.7 765 0543 PM 224 683 PM -0.2 -6 • 11.44 PM 1.6 49 AM 223 609 E 10:41 AM -2.9 -88 26 0433 AM 20.7 631 1126 AM -0.9 -27 1 05:04 AM 24.6 750 1150 AM 26 0524 AM 21.5 655 11 1234 AM 32 -98 26 1222 AM -0.5 -15 04:46 PM 20.8 634 Sa 0528 PM 19.9 607 -4.5 -137 0550 PM 23.9 728 1200 PM -0.6 -18 Ta 05;53 PM Th 0624 AM 243 741 0692 AM 21.7 661 F 10:49 PM 2.1 84 • 1132 PM 3.1 94 21.4 652 72:50 PM -20 31 1233 PM 1.1 34 06:40 PM 24.7 753 06:13 PM 224 683 10335 120426 AM Q&6 716 1126 AM -4.2 -128 2705:09 AM 21.1 643 1157 AM -1.3 -40 212:08 AM -1.4 -43 05:52 AM 277Z'16 AM 1.0 12 01:17 AM -2.8 35 271256 AM -0.5 -75 Sa 05:30 PM 22.0 677 Su 0559 PM 20.4 622 24.8 758 1233 PM -4.4-134 0558 AM 21.6 658 W 12:30 PM P 0709 AM 23.1 704 06:48 AM 27.1 693 Sa O t 1:37 PM 0.9 27 0631 PM 24.4 744 -0.4 -12 0621 PM 21.6 658 0131 PM -0.4 -72 07:19 PM 23.7 722 0106 PM 1.9 58 06:43 PM 221 674 13 05:15 AM IM 0 738 12-10 PM -149 28 12:07 AM 2.6 79 05:44 AM 21.3 649 3 12:54 AM -1.9 38 0639 AM 28 12:49 AM 0.8 24 j3 02:02 AM -1.6 -49 2g 073Y AM -0.1 -3 Su 2.9 06:14 PM 229 698 M 1228 PM -1.3 -40 24.3 747 01:15 PM 3.4 -104 0631 AM 21.2 896 1-h 0101 PM Sa 0756 AM 21.4 652 Su 0726 AM 20.2 616 0625 PM 20.6 628 07:12 PM 242 738 0.2 6 0649 PM 21.5 655 02:14 PM 1.6 49 08:01 PM 22.2 677 01:42 PM 3.1 94 0717 PM 21.4 652 14 1224AM 0.1 3 M 0604 AM iM'b 747 29 12:41 AM 2.3 70 06:18 AM 21.1 643 4 01:40 AM -1.7 32 0727 AM 23.0 29 0122 AM 0.9 27 14 0250 AM 0.1 3 29 02:11 AM 0.7 21 12'53 PM -4.8 -146 Tat 1759 PM -1.0 30 701 0157 PM -1.8 -55 0706 AM 20.5 625 F 07:32 PM Su OS.47 AM 19.4 591 0&10 AM 19.0 579 M 06:57 PM .78.T. 710 06:58 PM 20.7 631 0753 PM 23.4 713 1.2 37 0718 PM 21.1 643 03:00 PM 3.8 116 WAS PM 20.4 622 0222 PM 4.4 734 07:56 PM 20.5 625 15 01:12 AM -0.3 -9 06:52 AM g9aP 722 To 30 01:16 AM 2-2 67 06;53 AM 20.5 625 W 0229 AM -0.8 -24 08 :16AM 21.2 646 30 9157 AM 1.4 43 15 07:43 AM 19.4 5'91 03:44 AM 20 61 30 0257 AM 17 52 01:37 PM -4.0 -122 01:31 PM -0.3 -9 F 02:42 PM 0.3 9 Sa 0208 PM M 09:47 AM 17.6 536 Tu 09:03 AM 77.8 593 07:41 PM.i♦3i2 707 0727 PM 20.6 622 0837 PM 22.2 677 24 73 07:49 PM 20.5 625 0354 PM 5.9 180 0939 PM 18.5 564 09 :77 PM 5.8 777 WAS PM 19.3 588 3lois1AAM 310236 AM 21 64 1-h 1s5 sou 0203 PM 09 24 Su 02.� AM 18.2 0758 PM 20.0 610 M 3.9 119 0826 PM 19.8 604 ✓ C vii 1c4( N0 IA ✓l \IN(� -T(AGS NO- Uy N6N- C14fC1I Tf4-e S w.� No access i jslt� Disclaimer. These data are based upon the latest irdo TI-15- available as of the date of your reguest, and may differ from the published tide tables. Referenced to Station: SELDOVIA, Kachemak Bay( 9455500 )rime offset in mina (high:] 1210w: 138) Height offset in feet (high: +2.70 low: +0.60) 6e1'eratad O,-.: Nior Feb .0 20:30:45 GW.T 201, Kenai River Salmon Fisheries, from ADF &G Website Overview • Overview • Permits and Regulations • Contact This popular fishery takes place from late June through July in the marine waters of Cook Inletjust off the mouth of the Kenai River. Every year, Alaskans harvest around 100,000 sockeye in this fishery. The Kenai River is a large glacial system draining the central Kenai Peninsula. The river begins at Kenai Lake near the community of Cooper Landing and flows approximately 82 miles down to its mouth in Upper Cook Inlet, near the community of Kenai. The City of Kenai is approximately 160 highway miles south of Anchorage. A permit is required, and salmon must be marked See the "Regulations & Permits' tab. Kenai River personal use regular open seasons and times Through the "Kenai River Late -Run Sockeye Salmon Management Plan" the Department of Fish and Game is directed to manage the Upper Cook Inlet commercial fisheries to minimize the harvest of Northern District silver salmon, late -run Kenai River king salmon, and Kenai River silver salmon. Under this directive, the Kenai River personal use salmon dipnetting open season begins July 10 (to minimize harvest of late -run Kenai River king salmon) and ends July 31 (to minimize harvest of Kenai River silver salmon). Unless an Emergency Order is issued in compliance with the "Kenai River Late -Run Sockeye Salmon Management Plan," dipnetting on the Kenai River is open only between the hours of 6:00 a.m. to 11:00 p.m., regardless of the tides Harvest limits are seasonal limits based on household size The harvest limit for the Kenai dipnet fishery is combined with the other Upper Cook Inlet personal use salmon fisheries ( Kasilof River dipnetting, Kasilof River set gillnetting, and Fish Creek dipnetting). Your household may take your entire limit from one fishery, or visit any other open Upper Cook Inlet personal use salmon fishery. Also, the household limit is a seasonal limit, not a daily limit. See the "Permits & Regulations" tab for specific limits. Gear restrictions specific to the Kenai River dipnet fishery In this fishery, there are no additional gear restrictions over what is found in the general statewide definition of dipnet, found under the 'Permit & Regulations" tab above. When to go: general run timing and peak harvest times As described in "Management of personal use fisheries," above, the Division of Commercial Fisheries operates sonar equipment at River Mile 19 to enumerate the in -river number of late -run Kenai River sockeye salmon. Sonar data show that late -run Kenai River sockeye salmon go past the sonar site as early as July 1 and as late as August 10. Since the sonar site is upriver, daily sonar estimates, therefore, do not reflect the number of fish Present on that day at the mouth of the Kenai River. To date, the Department has not done any research on how long it takes a late -run sockeye salmon to travel from the mouth upstream to River Mile 19. The Department does have harvest data as reported on the required personal use permit. These data show that peak harvest at the mouth of the Kenai River takes place between July 16 through July 25. The personal use fishery is open only at the mouth of the Kenai River. Area open to shore -based dipnetting The open area from shore is from the commercial fishing markers located in Cook Inlet north and south of the river mouth, upstream to the downstream edge of the Warren Ames Bridge, except for a section of the north shore from an ADF &G marker below the terminus of Main Street to ADF &G markers near the Kenai City Dock. Kenai Spur Hwy Farling r 4 V000" Open to dipnetting from shore % r Kaldonsky Beady Kenai River North Shore Access Kenai River Kenai Spur ! Boat and share dipnet areas Kenai ay Dock r17 G to m n 8 v YlAarren Armes Bndge **N%- — The City of Kenai has provided a large day -use parking area and limited overnight RV camping at the end of South Spruce Street. Parking & camping spots are marked. The City of Kenai charges fees for parking and for camping Tow trucks make regular visits to the area. Alaska Avenue (beach road near the parking area) is for loading and unloading only! Since this access road is so narrow, RVs are not allowed. Four - wheel -drive is required - anything less is courting disaster and a very expensive tow truck bill! i. 4 % r Kaldonsky Beady Kenai River North Shore Access Kenai River Kenai Spur ! Boat and share dipnet areas Kenai ay Dock r17 G to m n 8 v YlAarren Armes Bndge **N%- — The City of Kenai has provided a large day -use parking area and limited overnight RV camping at the end of South Spruce Street. Parking & camping spots are marked. The City of Kenai charges fees for parking and for camping Tow trucks make regular visits to the area. Alaska Avenue (beach road near the parking area) is for loading and unloading only! Since this access road is so narrow, RVs are not allowed. Four - wheel -drive is required - anything less is courting disaster and a very expensive tow truck bill! Kenai River South Shore Access Turn onto Cannery Road from Kalifornsky Beach Road and follow the Beach Access signs to Dunes Road. Motor vehicles are allowed only between the high water mark and the dunes. * The City of Kenai has provided a parking and camping area near the river mouth Fees are charged in this area. Four - wheel -drive is also required to get to the mouth on the south shore. Don't drive anything you can't get unstuck, such as a motorhome, down the beach. It is very expensive to get towed. Dipnetting from a boat Dipnetting from a boat is allowed during the same open season and times as dipnetting from shore. The same permit, harvest limits, and marking requirements apply. All your personal use fish must be recorded on the permit and the tail fins clipped before going upstream of the Warren Ames Bridge, or you may be subject to a fine. The open area is different than that of the shore dipnetting area. The open area for boats is from ADF &G markers near the Kenai City Dock upstream to the downstream edge of the Warren Ames Bridge. Be prepared for a long wait at the Kenai City Dock, especially during peak days, and before high tides. Please be courteous and bring an extra measure of patience, as wait times can be as long as three hours. The next closest public boat launch on the Kenai River is The Pillars, off the Kenai Spur Road near Soldotna. However, remember that this section of river falls inside the Alaska Department of Natural Resources "Kenai River Special Management Area," and as such is restricted to motors of 50 horsepower or less 24 -hours per day, year- round. If you launch your boat at a private or public boat launch upriver of Warren Ames Bridge, use caution when boating past the Kenai River king salmon sonar site at river mile 8.5. All other boating regulations remain in effect, including use and availability of PFDs, laws against drinking and boating, and more. Two - Stroke Motors Prohibited in the Kenai River Personal Use Dipnet Fishery Only boats powered by four - stroke, two- stroke direct fuel injection (DFI), or electric motors are allowed in the personal use dip net fishery. This regulation prohibits the use of two- stroke motors in the personal use dip net fishery, which occurs in the Lower Kenai River in July. This regulation was adopted by the Alaska Board of Fisheries during their February 2008 Upper Cook Inlet meeting. Water quality sampling over the last 7 years has consistently shown that hydrocarbons originating from gasoline- burning engines have far - exceeded state standards during the busiest days on the Kenai River in July. These repeated high levels of hydrocarbons led the Alaska Department of Environmental Conservation to declare the lower 19 miles of the Kenai River as "impaired ". This required the state to take action to alleviate the pollution. The U.S. Environmental Protection Agency has tested and concluded that older two- stroke engines contribute 12 to 20 times more unburned fuel into the environment than a four - stroke engine of a similar size. Prediction models for the Kenai River show that eliminating the use of two- stroke engines during July will reduce the level of hydrocarbons below the state's impaired water quality standards. ,. • Kenai `; enai Spur Raad� A ♦ - , 9�a r 0.2 04 0.8 9e,9 IAOFi RM 1 -1. NZ °do RM 1.5 11 RM 2 RM6 0 RM70 RM 3 Warren Ames Bridge RM 4 0 / RM 5 RM 8 0 / Kalitomsky Beach Road . r iti _ ` lI i M4- Stroke, 2- Stroke DFI or Electric Motor. i 4-Stroke, 2- Stroke DFI or Electric Motor and 50 HP Maximum _ = 4- Stroke: 2- Stroke DFI or Electric Motor 4-Stroke- 2- Stroke DFI or Electric Motor and 50 HP Maximum For additional information regarding the personal use dip net fishery please contact the Alaska Department of Fish and Game, Soldotna Area Office at (907) 262 -9368. For information regarding boat and motor restrictions upstream of river mile 4, please contact the Kenai River Center at (907) 260 -4882, Department of Natural Resources at (907) 262 -5581, or visit the Department of Natural Resources web site. Camping on the beach, and available services �• �� uvname rouets on porn the north and south shores The city also provides fish Dumpsters, and garbage Dumpsters on the north shore. There are no garbage facilities on the south shore, and dipnetters must pack out what they pack in. Littering carries a $1,000 fine, and you are responsible for putting your garbage in the Dumpsters or for carrying it out. �. vanl III WIII IIICd1i setting up a tent or some other shelter on the beach with the intention of staving overnight Setting up a tent or shelter on a temporary basis not intended for overnight is not considered camping. Remember, camping is not allowed in the dunes There are many commercial lodging facilities available, such as hotels, motels, bed and breakfasts, and cabins. The area also offers commercial fish freezing and processing. Dune's and Don'ts Don't drive trucks, cars, or ATVs /4- wheelers across the dunes. Each time a vehicle crosses the dunes, no matter the size or the speed, more damage is caused to the beach grasses. Driving on the dunes causes erosion of the dunes. The dunes hold the mouth of the river in place and prevent saltwater flooding of lowland areas. Traveling on the dunes will break up the grass roots that are holding the dunes in place. *(The South Beach Landowners Coalition interprets the previous underlined statement as an unlawful ADF& G instruction directing the general public to trespass on our private property) For information on Upper Cook Inlet personal use fisheries harvest and effort from 1996 to last season, please visit our cumulative harvest and effort data by fishery page. Alaska Department of Fish and Game Source; ADF &G Website 2014 Kenai River Personal Use Dipnet Fishery Overveiw Terry Bookey To: Mayor Pat Porter, Vice Mayor Ryan Marquis Council Members Mike Boyle, Brian Gabriel, Bob Molloy, Tim Navarre From: Council Member Terry Bookey Date: March 4, 2014 Re: Work session comments Due to an unplanned schedule change I am unable to attend the work session this evening. Please consider my comments below during your discussion. I look forward to sharing my thoughts in greater detail when these items come before Council for official action. Dipnet Fishery: Beach Closure: While I share concern about the effects of a 24 -hour fishery I am not in support of closing the beach. On the surface this idea was attractive to me but upon further reflection I do not think we have had, nor will have, enough time to consider the consequences of this action. For example: • What will the penalties be if a person violates the closure? Do we have language in code to support these penalties? • What will the impact of enforcing the closure have on resources? i.e. law enforcement during closures, and legal department for the inevitable contesting of citations. • What potential damage are we moving "downstream "? i.e. users attempting access through sensitive wetlands or private property. • Would this closure only apply to personal use fishermen, or would it apply to all individuals? Does this include commercial fishermen who access the beach through S. Spruce? If it doesn't, why not? • Since camping is still proposed to be allowed, what if campers want to exit their tent or camping area, where is the "do not cross" line for violation? More time and consideration is needed before we make such a broad change to the personal use fishery management plan. South Beach: I am supportive of the changes proposed for elimination of parking, camping and campfires from the area identified on the South Beach. Fees: I. With the exception of eliminating separate arrival and departure times when a participant elects to park and camp the proposed changes for parking and camping in 2014 are more confusing to me than what is in place. Confusing could be reduced through increased training of shack attendants and better fee signage at the shacks more thoroughly stating the fee and expressly stating that the parking fee does not include camping. This could be accomplished with a simple "coffee stand" menu board on the fee shacks. (Parking (5 am- 5 am) $20.00 - Camping (12 pm - 12 pm) $25.00 - Camping w /Parking (12 pm - 12 pm) $45.00.) 2. 1 do not support adding a fee for ATV access. 3. 1 support the proposal regarding the iron ranger fee stations. 4. 1 do not support a fee for drop -off participants. I suppose many drop -off participants do use the services provided but I do not see this fee addressing the problem. In fact I see it causing other problems. The neighborhoods off S. Forest Drive and in Old Town will see increased traffic as participants look for other avenues to access the beach without having to pay for a drop off. Expenditures: In my experience Council generally gives gifts in three situations: 1. a bowl purchased for retiring employees, 2, a small gift given to departing student representatives as a token of thanks for their service, 3. flowers. The Mayor has represented the Council well with the gifts presented and I am not concerned with the methods employed in the past regarding gifts from the Council. I am comfortable continuing the practice in place but would also be happy to entertain a more formal written policy if someone wishes to bring it up for action. Council Travel: I believe all travel not approved, and specifically identified, during the budget process should be approved by Council prior to travel. The requesting Council Member would provide supporting information to include, but not limited to: How the requested travel is beneficial to the City, duration of travel, and anticipated /estimated cost of travel. Upon completion of travel a report the same or similar to that filled out by City employees would be completed and submitted to the clerk. Sandra Modigh From: laura sievert flaurasievert@hotmail.com] Sent: Tuesday, March 04, 2014 4:20 PM To: Sandra Modigh Subject: for dip net meeting -to council members I apologize for this late submission. To the City Council members: I have dip- netted from the beach on the north side since 1995 or so. To me, it is the least- impact way of catching fish- no wake, oil in the water, etc. I have a couple of observations: 1. The more the city'cleans up', the more people throw trash and carcasses on the beach. It is human nature to get lazy when someone is picking up after you all the time. We should expect WAY more from dip - netters. It is a privilege to use this beach. Up until several years ago there was no camping at all on the beach, which made for a MUCH cleaner beach. People should be instantly ticketed for trash or inappropriate carcass disposal. 2. You can't tell people to throw carcasses 'below the low -tide line'. Usually they toss carcasses in and they immediately wash back up. If Diamond M and Courtney Stroh's organization want to compost carcasses, dumpsters and containers should be accessible, convenient and visible. Or there needs to be another solution. (Personally, I compost my own carcasses.) People need to be instructed verbally and then reminded by volunteers or city employees- constantly, until it becomes the culture of the beach. 3. It looks like whoever installed the fence to protect the dunes installed it backwards. Why is there no fence at all at the upstream end of the beach, where there are the most people and campers? The dunes there are walked over constantly. 4. Someone needs to check fish tickets. I have seen terrible over - harvests. 5. There are a few locals at the beach, and we hate to be lumped in with the tourists. I think it should be OK for Kenai or Borough residents to park up in Old Town- maybe a free sticker or something? We pay taxes here all year round. 6. 1 wish the City would stop putting signs and fire -pits all over the beach. The signs were a joke- so many got bent, broken and washed out. They are a terrible eye -sore. And the fire -pits are just trash receptacles for lazy people, especially the big manholes. Can't the beach just be the beach? Thanks for listening. Laura Sievert 3329 Beaver Loop, Kenai Sandra Modigh From: Rick Koch Sent: Tuesday, March 04, 2014 5:26 PM To: Sandra Modigh Subject: FW: If necessary Rick R. Koch City Manager City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 (907)283 -8222 (907)398 -0190 - -- Original Message--- - From: Robert Ruffner fmailto :robertOkenaiwatershed.org1 Sent: Tuesday, March 04, 2014 1:00 PM To: Rick Koch Subject: If necessary I have a road board meeting tonight in Homer, so I cannot attend the PU work session. Feel free to share this with others if necessary. I want to clarify and reiterate my message from the last council meeting. KW F is concerned about the vegetation surrounding the river. The flats in particular. Regardless of the beach closures, we are starting to see impacts that will be difficult to restore. These impacts are coming from foot traffic off of Bridge Access Road, Boat Launch Road, Canary Road/ Sea Catch Dr. In my opinion, all of these vegetated area should be closed to foot traffic during the month of July. Were it not for the shear volume of people non of this would be a concern. If fishing is legally open and the beach is closed, the concern is heightened as people may walk to these more upstream sites to fish. MARCH 4, 2014 COUNCIL WORK SESSION ADDITIONAL ITEMS REQUESTED FOR WORK SESSION: • Memorandum from City Manager Rick Koch regarding the 2014 Personal Use Fishery. Correspondence from South Beach - Waterfront Landowners Coalition regarding South Beach — Waterfront Trespass vs. Access Issues. • Correspondence from the Salamatof Native Association, Inc regarding concerns abour the annual dip net fishery. "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 ftwd Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1IIIV 1992 MEMO* TO: City Council FROM: Rick Koch, City Manager DATE: March 3, 2014 SUBJECT: 2014 Personal Use Fishery, March 4, 2014 —Work Session The purpose of this correspondence is to provide additional information for the continuation of the January 6, 2014 work session. The Alaska Board of Fisheries (BOF) meeting was held from January 31st through February 13tH The BOF did not adopt a proposal to eliminate the Commissioner's authority to expand the Personal Use Fishery (PUF) from 17 hours per day to 24 hours per day by Emergency Order. As a result Administration will be requesting the Council to approve closing the beaches (below the camping areas) from 11PM to 6AM during the PUF so that City Maintenance activities can be performed in a safe manner. Additionally, based on a recommendation from Mayor Porter, the Administration will request Council approval to eliminate parking camping, and campfires, from a portion of the South Beach. The area is shown on the attached aerial photography. The nearest dwelling to the area where camping /parking /fires are proposed to be allowed is over one -half mile away. Also please find attached additional information regarding the proposed fee structure for the 2014 PUF. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. attachments KPB Parcel Viewer Printed: Mar 03, 2014 2014 Personal Use Fishery Fee Proposal 2013 Fees North & South Beach • Parking fees ($20 per 24 hour period from 5:00am to 5:00am) • Camping fees ($25 per overnight from 12:00pm to 12:00pm) City Dock • Boat Launch and Park ($25 • Parking ($15 per day) per day) 2013 Fee Problems 1. Confusion. Significant confusion occurred both with shack attendants taking the fees and the participants. Participants did not understand that vehicle parking was not included in daily camping fees. Shack attendants either did not understand the fee structure or yielded under pressure from participants. 2. ATV Traffic. ATV traffic has increased significantly the past couple of years, predominately on the South Beach and they either do not stop to pay fees, find alternate access points to the beach, or shack attendant were unsure of fees to charge. 3. Iron Ranger Fee Stations. Payment of fees at the Iron Rangers has become a point of abuse by many participants. Either the incorrect amount of fees are paid due to confusion over fee structure or intentional payment of incorrect amounts occurred. 4. Use of Services by Drop -off Participants. The number of participants being dropped -off continues to increase. These participants use the same services as those paying to park but are not contributing through the payment of fees. Vehicle dropping folks off contribute to traffic issues as well. 2014 Fee Recommendations 1. Clarify parking and camping fees by renaming as day use parking (parking only) and overnight parking (includes camping). 2. Implement specific fee for ATV's and modify cashiering system to issue ATV passes. 3. Cover iron ranger fee stations during peak weekends and provide 24 hour coverage in fee payment shacks. 4. Implement a $10.00 drop -off fee. Fee will not be charged to anyone possessing a paid parking pass. 2014 Proposed Fees Day Use Parking (midnight to midnight) $20.00 Overnight Parking, includes Camping - vehicle or one tent (before noon of first day to noon of second day) $55.00 Overnight Parking, includes Camping — vehicle or one tent (after noon of first day to noon of second day) $45.00 Vehicle drop -off (30 minutes maximum) $10.00 ATV Parking (up to two ATVs) $20.00 Camping (noon to noon) $25.00 „ J 101 :))'41cf Kenai River Personal Use Dip Net Fishery South Beach- Waterfront Trespass vs. Access Issue; The City of Kenai has adopted a policy and is charging fees to the general public for daily Camping, Parking, and the use of Outhouse Facilities along the south beach of the Kenai River from Dunes Rd, to the mouth of the Kenai River. These fees are collected before entering the beach at the only two access points as noted on the map. The city states that the services include access to portable outhouses, garbage dumpsters, parking, and overnight camping. Seven individual landowners are being forced to defend against public motorized vehicle trespass on their private property. See the attached map as description of the properties being represented. These trespass issues, brought on by the City of Kenai and ADF &G include but are not limited to; 1. Severe beach, dune, and habitat destruction- caused by all types of churning tires continually trenching furrows across all portions of the south beach. (This trenching and aeration of the silt and sand cause severe loss of material during following high tide cycles) 2. Loss of all drift wood and natural materials (being burned by the camping public) that bind and stabilize the silt and sand to the shoreline and dunes. 3. Vehicular pollution- including fuel, oils, exhaust fumes, blowing sand and glacial dust raised by hundreds of passing cars, trucks, ATVs, and motorcycles every day. 4. Exhaust and loud music noise pollution - again, caused by cars, trucks, ATV's and motorcycles that must pass by, or try to camp and park on the subject properties. S. Camping related damage- which includes trash, urination, defecation, blowing sparks and smoke from open fires. 6. A significant loss of private property value- due to damage incurred from current policies and resulting items listed above. 7. Owners cost of materials and labor- required in defense of trespass by vehicular traffic, being encouraged by the current city and ADF &G policies. The private parcels described by this group of owners extend down to the Mean High Water Mark of Cook Inlet or a 19.1 ft. tide. (This level is defined by the average of all the high water heights observed over the National Tidal Datum Epoch [about 19 years]) As noted on the attachment, the Alaska Department of Fish and Game directs all vehicular traffic to drive "only above the mean high water mark and below the dunes (seemingly defined by the presence of beach grasses). A significant portion of this defined route along the south shore beach is wholly owned by the individuals filing this complaint. As a means of further clarifying this issue, the following Items must be noted; 1. All 7 property owners between both access points noted on the map have clear title to all lands above Average Mean High Water without any other easement granted along the Cook Inlet, 2. The owners are NOT INTENDING TO LIMIT OR RESTRICT ANY FOOT TRAFFIC BETWEEN THE HIGH WATER MARK OF 19.1 Ft. AND THE DUNES (as defined by the presence mounded sand containing grass) at this time. This foot traffic trespass would not include any form of camping or staying on the subject property beyond normal access by foot across the properties. 3. There are a total 43 individual high tides during the proposed 2014 P/U Dipnet Fishery. There are only 5 of these high tides events where a normal 4 wheel drive vehicle could pass safely between the 19.1 foot Mean High Water Mark and the waters of Cook Inlet. (Given that there is no onshore waves) 4. This means that the city will be charging for access to parking and camping at a point that cannot be accessed, or returned from, during many hours of each day and night. S. There are 38 high tide cycles (lasting 1 to 3 hours) where no emergency vehicular traffic will be able access the South Beach P/U Fishery. 6. Should an emergency take place during any of these 38 high tide periods, emergency access would be limited to boat or helicopter only. 7. There are 6 tides that will crest at or above 23 feet. Any combination of that high water and any onshore wind will result in absolutely no parking area being above the salt water of Cook Inlet. It should be further noted that the destruction caused by these six events will bring havoc to the public and the agencies responsible for allowing access. 8. We believe the City of Kenai, The Kenai Peninsula Borough, and ADF &G is responsible and culpable for damages caused by their past and future policies pertaining to the south beach access. We, as private property owners wish to help all of these entities by joint cooperation and reasoned solutions regarding motorized vehicles on the south beach. 9. It should be noted that there has been a clear precedent set by the City of Kenai and ADF &G rules regarding vehicular traffic on the north beach which restrict vehicular access. As residents and taxpaying landowners within the city and borough we would expect no less consideration of our issues. 10. There are no commercial setnet fishing sites between the Dunes Rd. access and the mouth of the Kenai River that require access. 11. Given that the City and Borough would agree that no "Motorized Vehicle Access" be allowed on the south beach from Dunes Road to the mouth of the Kenai river, owners would possibly agree to allow agency emergency and patrol vehicles along with equipment required to maintain sanitation. (Outhouses and Dumpsters) access above the Mean High Water Level of 19.1 ft. and the dunes when required to access the areas near the mouth of the Kenai River. The landowners are asking the City of Kenai and the Kenai Peninsula Borough to restrict all motorized vehicle access to the south beach between Dunes Rd. and the mouth of the Kenai River. It is also the landowners sincere hope that the promises made nearly 10 years ago to develop a direct public access and parking area near the Kenai River mouth via an extension off of the Inlet Salmon Road would be completed as soon as reasonably possible. This access would surely mitigate the damage being inflicted upon the South Beach area by the current access routes and agency policies. For any questions or clarification regarding this notice please feel free to call or email; Bruce Friend - bruce.friend(@Rmx.com or 907 250 -4033. 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Referenced to Station: SEIDOVIA, Kachemak Bay ( 9455500) Time offset in mins (high:112 low: 138) Height offset in feel (high: +2.70 low: 40.5o) 14u— ci pue 1 i 5tWJ O W C/bu.)zv ROC, d Ia /a(Av5 I A40,- - L0�f a� VwN.P— d,1 Tvz &— S ND Pbt/U e- btfujzv Ct� 04,U�"Ji 4 11,41, 1 f Cosa Todc,y Nle Ve- qul ",-& vetca:101-C14 LIAO fic; �'O, T JG&-A 0.GCQSS fJ ja—� too 4!ikvl � S<> L& it. Salamatof Native Association, Inc. Post Office Box 2682 • Kenai, Alaska 99611 Phone (907) 283 -7864 February 26, 2014 Pat Porter, Mayor City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Dear Mayors, Mike Navarre, Borough Mayor 144 North Binkley Soldotna, Alaska 99669 This letter is to express Salamatof Native Association, Inc. concerns about the annual dip net fishery on the south beach. We agree 100% with Bruce Friend's two page statement. Salamatof has made three purchases of property near Dunes Road and Kenai Landing with the intent of development. The first purchase was in 2001, 15 acres fronting on the mouth of the Kenai River; the second just to the north of the 01 purchase was in 2002 consisting of 29 acres. The third purchase was in 1997 containing over 82 acres. Of this we have developed and sold 23 lots. There are 37 acres undeveloped; in 2008 we developed 9 lots for resale none of which have sold. We attribute this to the problems dip net fishermen cause during the 2 week peak of the dipping season. SNA has over 5000 foot of frontage exposure along the Inlet and Cannery Road. Last summer We hired Guardian Security to patrol; which they did for about an hour at which time they called saying they could not keep up the amount of trespassers on our property. This year we are joining with the coalition and we will follow the coalition's recommendation to protect our properties I have contacted Guardian Security once more. To have them patrol our property for 16 hours a day for 30 days will cost SNA $22,860 plus lodging, travel and mileage at 55 cents per mile. We have no recourse but to act in defense and we intend to pursue reimbursement of costs we incur in doing so from those agencies advocating trespass. i /�Sin ly,� /qQ � G�CJ Penny L. Carty President/CEO cc: Peter Erhardt PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA ss: Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Dip Net Work Session PO #102366 a printed copy of which is hereto annexed was published in said paper one each and every d�a _for one successive and consecutive day in the issues on the following dates: February 28, 2014 X zzad,n 0_ eezu.'ag SUBSCRIBED AND SWORN to me before PUBLIC NOTICE IIt1iLOl1iY11 Notice is hereby given; the Kenai City Council will meet in a work session on Tuesday, March 4, 2014, to discuss the 2013 Kenai River Dipnet Fishery Report, Use of Legislative Miscellaneous Funds, and Council Member Travel. The work session will be held at 6:00 p.m. in the Kenai City Council Chambers located at 210 Fidalgo Avenue, Kenai, Alaska. The agenda and any supporting documents can be located on the City's website, www.ci.kenai.ak.us. If you have any questions related to this meeting, please contact the Kenai City Clerk's Office at 283 -8231. Sandra Modigh,CMC, City Clerk Publish: 2/28114 D149/211 t 28th d�a y of February 2014 E RUSS' C � F � NOTARY PUBLIC in favor for the 140TARV State of Alaska. My Commission expires 27- Aug -16 LiI� PUBLIC Q OF P� '�