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2021-09-02 Regular Meeting Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Listen on the radio at KMXT 100.1 FM Kodiak Island Borough Assembly Regular Meeting Agenda Bayside Volunteer Fire Department - 4606 East Rezanof Drive Thursday, September 2, 2021, 6:30 p.m., Streamed Live Online at www.kodiakak.us And broadcasted on KMXT at 100.1 FM Page 1. Invocation 2. Pledge of Allegiance 3. Roll Call 4. Approval of Agenda and Consent Agenda All items listed with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda 5. *Approval of Minutes 4 - 18 A. Regular Meeting Minutes Of August 05, 2021 Special Meeting Minutes Of August 16, 2021 Regular Meeting Minutes Of August 19, 2021 6. Citizens' Comments 1-907-486-3231 or Toll Free 1-855-492-9202 Agenda items not scheduled for public hearing and general comments. 7. Awards and Presentations 19 - 29 A. Presentation From Federal Lobbyist, Brad Gilman Of Robertson, Monagle & Eastaugh. 2nd Quarter 2021 Status Report 8. Committee Reports 9. Public Hearing 30 - 33 A. Page 1 of 70 Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Listen on the radio at KMXT 100.1 FM Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts And Polling Places. Complete Binder For Ordinance No. FY2022-05 - Pdf 10. Borough Manager's Report 34 A. Manager Report September 2, 2021 11. Messages from the Borough Mayor 12. Consideration of Calendar - Unfinished Business 13. Consideration of Calendar - New Business 13.A. Contracts 13.B. Resolutions 35 - 38 1. Resolution No. FY2022-06 Designating Precincts, Where The Voter Turnout Was Less Than 100 Voters At The Last Regular Election, As Ballot By Mail Precincts. *Subject to adoption of Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts And Polling Places. Complete Binder For Resolution No. FY2022-06 - Pdf 13.C. Ordinances for introduction 13.D. Other items 39 - 42 1. Letter Of Local Government Support To Name An Unnamed Waterfall "Kim Falls". Complete Binder for Letter of Support - Pdf 43 - 47 2. Confirmation Of Mayoral Appointment To Architectural/Engineering Review Board, Mr. Tyler Andersen. Complete Binder For Board Appointment - Pdf 48 - 49 3. Assembly Appointment Of Mr. Scott Arndt To The Joint Cooperative Relations Committee. Complete Binder For Appointment To The Joint Cooperative Relations Committee - Pdf 50 - 55 4. Assembly Appointment Of Ms. Aimee Williams To The Southwest Alaska Municipal Conference Seat. Complete Binder For Appointment To SWAMC - Pdf Page 2 of 70 Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Listen on the radio at KMXT 100.1 FM 5. Consideration Of Notice Of Expiration Of The Manager’s Contract. 56 - 62 6. Report / Discussion Of Manager Recruitment Transition Plan. Complete Binder Of Materials - Pdf 63 - 65 7. Discussion On Advertising Borough Manager Position. Manager Recruitment Advertising - Pdf 14. Citizens' Comments 15. Assembly Member' Comments 16. Executive Session 66 - 68 A. Evaluation Update Of The Manager's Evaluation. Binder For Executive Session - Pdf 17. Adjournment 18. Information materials 18.A. Minutes of other Meetings 69 - 70 1. Womens Bay Service Area Board Regular Meeting Minutes Of July 06, 2021 18.B. Reports Page 3 of 70 Kodiak Island Borough August 5, 2021 Assembly Regular Meeting Minutes Page 1 of 6 Kodiak Island Borough Assembly Regular Meeting Assembly Chambers - 710 Mill Bay Road August 5, 2021 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Roberts led the Pledge of Allegiance. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Duane Dvorak, Geoffrey Smith, Dennis Symmons, James Turner, and Aimee Williams. Present via teleconference was Assembly member Julie Kavanaugh. Also present were Borough Manager Michael Powers, Borough Clerk Alise Rice, and Mitchell Davidson. 4. Approval of Agenda and Consent Agenda 5. *Approval of Minutes  Regular Meeting Minutes of June 3, 2021  Regular Meeting Minutes of June 17, 2021  Regular Meeting Minutes of July 1, 2021  Special Meeting Minutes of July 1, 2021 6. Citizens' Comments.  Betty MacTavish 7. Awards and Presentations  Presentation from Representative Louise Stutes.  Presentation from Karl Hertz CEO, Kodiak Island Medical Center, Providence Hospital. 8. Committee Reports None. 9. Public Hearing None. 10. Borough Manager's Report Manager Powers Reported on the following:  Personnel Received complaints about staff, reviewing and processing. AGENDA ITEM #5.A. Page 4 of 70 Kodiak Island Borough August 5, 2021 Assembly Regular Meeting Minutes Page 2 of 6 Borough hosted a candidate for Fire Chief at Bayside and a candidate for Planner in Community Development. Offers were extended: Chief candidate ultimately declined due to salary considerations. The Planner Candidate has requested a pay rate above Step C and relocation reimbursement that will be on the Assembly Agenda for August 19, 2021.  COVID-19 Received information regarding staff COVID-19 cases. Reviewed operations with staff, provided CDC guidelines and testing options. Will meet with Emergency Services Council to discuss recent rise in cases. Will provide update at the next Assembly.  Solid Waste Continue to receive complaints at various locations for dumpster doors being left open. Due to a lack of staff, we may be limiting operations at the Landfill for the next 14 days.  Facilities Kodiak Fisheries Research Center Reviewed Government Services Administration concerns, worked with staff to prepare and send response. Main Elementary Roof School District had the moss removed. Significant degradation of shingles as well as soft spots in the roof (not caused by moss removal). In light of past problems, Borough Engineering firm will inspect on August 6, 2021. Responded to earthquake/tsunami warning. No appreciable damage to Borough Buildings.  Met with State Exxon Valdez Oil Spill trustees to discuss their perspectives on the wind down of the funding. 11. Messages from the Borough Mayor Mayor Roberts commented on: Kodiak Emergency Operations Council and the Covid-19 surge in Kodiak. 12. Consideration of Calendar - Unfinished Business None. 13. Consideration of Calendar - New Business None. 13.A. Contracts AGENDA ITEM #5.A. Page 5 of 70 Kodiak Island Borough August 5, 2021 Assembly Regular Meeting Minutes Page 3 of 6 1. Contract No. FY2022-02 Destination Marketing & Tourism Development Program Agreement. ARNDT moved to approve Contract No. FY2022-02 Destination Marketing & Tourism Development Program Agreement In The Amount Of $75,000. This agreement is an annual action that is for the purpose of setting forth the terms and conditions pursuant to which the contractor shall be contracted to provide destination marketing and tourism development activities for the Kodiak Island Borough. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Smith, Symmons, and Turner; Williams (ABSTAINED). 2. Contract No. FY2022-03 Salonie Creek Rifle Range Culvert Replacement. ARNDT moved to authorize the Borough Manager to execute Contract No. FY2022-03 Salonie Creek Rifle Range Culvert Replacement with AIM Maintenance LLC in an amount not to exceed $72,000. This contract is for replacement of two culverts in the road leading to Salonie Creek Rifle Range. These culverts were installed in 2019 by the Kodiak Island Sportsman’s Association but due to the materials used need to be replaced to be in compliance with the Alaska Department of Fish and Game (ADF&G). The scope of work for the project includes removing the existing culverts, rebuilding the streambed, and installing a timber bridge for the road. Design was completed by Inter-Fluve, Inc., an Oregon-based firm specializing in design and restoration of rivers, lakes, and wetlands. Both ADF&G and Alaska Department of Natural Resources (DNR) have approved the design and issue the require fish habitat (ADF&G) and water use (DNR) permits. An invitation to bid was issued on July 15, 2021 and bids were due and opened on August 3, 2021. Five bids were received, and the apparent low bidder was AIM Maintenance LLC of Kodiak. The bid tabulation is attached. All in stream work needs to be completed by October 15, 2021 to be in compliance with the DNR permit. All work is scheduled to be complete by October 30, 2021. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Smith, Symmons, Turner, Williams, and Arndt. 13.B. Resolutions 1. Resolution No. FY2022-04 Approving Participation In The Alaska Community Health Funds Program. ARNDT moved to approve Resolution No. FY2022-04 Approving Participation In The Alaska Community Health Funds Program. AGENDA ITEM #5.A. Page 6 of 70 Kodiak Island Borough August 5, 2021 Assembly Regular Meeting Minutes Page 4 of 6 The State of Alaska Department of Health and Social Services Division of Public Health is providing funding to Alaskan local governments through the Community Health Funds Program to help with providing access to COVID-19 testing and vaccinations and to implement strategies that decrease health inequities within the community. The KIB is eligible for up to $668,946 less funds claimed by other municipalities within the borough. Because the KIB does not directly provide such activities, staff have reached out to the Kodiak Community Health Center and Kodiak Area Native Association to provide eligible activities for the community and will be the intermediary between the State and those agencies for reimbursement of expenses. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Kavanaugh, Smith, Symmons, Turner, Williams, Arndt, and Dvorak. 2. Resolution No. FY2022-05 Approving Nonprofit Funding. ARNDT moved to approve Resolution No. FY2022-05 Approving Nonprofit Funding. This is the annual resolution approving the distribution of nonprofit funding for the Kodiak Island Borough. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Symmons, Turner, Williams, Arndt, Dvorak, and Kavanaugh. 13.C. Ordinances for introduction None. 13.D. Other items 1. Consideration Of Settlement Of IBEW Grievance 2021-02. Grievance 2021-02 has advanced to the arbitration stage. Rather than proceed with arbitration and risk an uncertain result, the grievant, the IBEW and the Borough Management have negotiated an agreed upon resolution of this personnel dispute. The terms of the resolution are set out in the Settlement Agreement which has been provided under separate confidential cover on the basis that it is a confidential personnel matter and that its release could adversely impact he ability of the Borough to achieve a beneficial settlement. The settlement negotiated is contingent on Assembly approval. The background on the dispute is described in a separate confidential memorandum from the Borough Attorney. An executive session has been scheduled to afford the Assembly the opportunity to ask questions regarding the settlement and the underlying case before taking up consideration of the approval of the settlement. AGENDA ITEM #5.A. Page 7 of 70 Kodiak Island Borough August 5, 2021 Assembly Regular Meeting Minutes Page 5 of 6 Clerks Note: Mayor Roberts called for citizen and assembly member comments before convening into executive session to discuss Consideration Of Settlement Agreement For IBEW Grievance 2021-02. 14. Citizens' Comments  Amy Williams 15. Assembly Member' Comments  Assembly member Turner had no comment.  Assembly member Arndt had no comment.  Assembly member Smith thanked Mr. Hertz for his presentation, he encouraged social distancing, and he thanked assembly member Dvorak for his service on the assembly.  Assembly member Williams thanked Mr. Hertz for his presentation and assembly member Dvorak for his service on the assembly. She also thanked the small business community for their resilient approach to Covid-19 in our community.  Assembly member Dvorak thanked supporters throughout his tenure, and he encouraged people to run for the assembly.  Assembly member Symmons shared condolences at the passing of a personal friend.  Assembly member Kavanaugh shared her reasons for connecting via video teleconference. 16. Executive Session 1. Discussion Of Proposed Settlement Agreement For Grievance 2021-02. ARNDT moved to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(a) to discuss pending litigation to which the Borough is a party and to provide direction to the Borough Attorney Borough regarding that litigation; and under the authority of KIBC 2.30.030(F)(1)(g) for the discussion of a matter pertaining to personnel. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Dvorak, Kavanaugh, Smith, Symmons, and Turner. ARNDT move to invite the Mayor and Assembly into Executive Session as well as the Borough Attorney, the Borough Manager, the Borough Finance Director and the Borough Assessor. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. This executive session has been scheduled to permit the Assembly to receive information concerning a proposed settlement of a personnel matter, Grievance 2021-02, prior to acting upon the proposed settlement of that grievance. If the Assembly does not require information beyond that provided under separate confidential cover the executive session need not be held. AGENDA ITEM #5.A. Page 8 of 70 Kodiak Island Borough August 5, 2021 Assembly Regular Meeting Minutes Page 6 of 6 Mayor Roberts closed the regular meeting and convened into executive session at 8:04 p.m. Mayor Roberts reconvened the regular meeting at 8:15 p.m. ARNDT moved to approve Proposed Settlement Agreement For Grievance 2021-02. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Smith, Symmons, Turner, and Williams. 17. Adjournment ARNDT moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting adjourned at 8:41 p.m. KODIAK ISLAND BOROUGH ATTEST: ________________________ William Roberts, Mayor ___________________________ Alise L. Rice, Borough Clerk AGENDA ITEM #5.A. Page 9 of 70 Kodiak Island Borough August 16, 2021 Assembly Special Meeting Minutes Page 1 of 2 Kodiak Island Borough Assembly Special Meeting Assembly Chambers - 710 Mill Bay Road August 16, 2021 6:30 p.m. A special meeting of the Kodiak Island Borough Assembly was held on August 16, 2021, in the Assembly Chambers 710 Mill Bay Road of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Julie Kavanaugh, Geoffrey Smith, Dennis Symmons, and James Turner. Also present was Borough Clerk Alise Rice. Clerk’s Note: Assembly Member Williams was not in attendance. Citizens' comments. • Rebecca Skinner • Mel Stephens • Bryan Horn • Hunter McGee • Andrei • Dan Rohrer • Patrick Anderson • Alexis Klotchka Consideration of matters in the call for the special meeting. Discussion Of Assembly Member Duane Dvorak's Resignation. Executive Session Discussion Concerning The Duration Of An Assembly Appointment To Fill The Vacant Seat Created On The Assembly By Mr. Dvorak’s Resignation. SYMMONS moved to convene into executive session under the authority of KIBC 2.30.030 (F)(1)(a) to discuss potential litigation to which the Borough would be a party, specifically concerning the duration of an Assembly appointment to fill the vacant seat created on the Assembly by Mr. Dvorak’s resignation, and to receive advice from the Borough Attorney. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO ONE: Kavanaugh, Smith, Symmons, and Turner (AYES); Arndt (NO). SYMMONS moved to invite the Mayor and Assembly into Executive Session as well as the Borough Attorney, the Borough Administrative Officer, and the Borough Clerk. Clerks Note: The Borough Administrative Officer was excused from attending the Special Meeting and did not enter into Executive Session. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Kavanaugh, Smith, Symmons, Turner, and Arndt. AGENDA ITEM #5.A. Page 10 of 70 Kodiak Island Borough August 16, 2021 Assembly Special Meeting Minutes Page 2 of 2 Mayor Roberts closed the regular meeting and convened into executive session at 6:47 p.m. Mayor Roberts reconvened the regular meeting at 7:39 p.m. KAVANAUGH moved to direct the Clerk to notice the public that there would be an additional filing period for the candidacy of the Borough Assembly for the one-year seat that is vacated by former assembly member Duane Dvorak. ROLL CALL VOTE ON THE MOTION FAILED THREE TO TWO: Smith, Symmons, and Kavanaugh (AYES); Turner and Arndt (NOES). Clerk’s Note: A majority of the assembly is required to pass a motion or 4 members. Adjournment ARNDT moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting adjourned at 7:51 p.m. KODIAK ISLAND BOROUGH ATTEST: ________________________ William Roberts, Mayor ___________________________ Alise L. Rice, Borough Clerk AGENDA ITEM #5.A. Page 11 of 70 Kodiak Island Borough August 19, 2021 Assembly Regular Meeting Minutes Page 1 of 7 Kodiak Island Borough Assembly Regular Meeting Assembly Chambers 710 Mill Bay Road, August 19, 2021 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Roberts led the Pledge of Allegiance. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Julie Kavanaugh, Geoffrey Smith, Dennis Symmons, James Turner, and Aimee Williams. Also present were Borough Clerk Alise Rice and Assistant Clerk Mitchell Davidson. 1.Invocation 2.Pledge of Allegiance 3.Roll Call 4.Approval of Agenda ARNDT moved to approve the agenda. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Smith, Symmons, Turner, and Williams. 5.Approval of Minutes None. 6.Citizens' Comments Lisa Zeimer Matt Gandel 7.Awards and Presentations None. 8.Committee Reports Assembly member Williams reported on the KIB and City of Kodiak Cooperative Relations Committee Meeting of August 18, 2021. 9.Public Hearing A.Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, Subdv: Miller Pt. Block:7 Lot: 3 & 4. AGENDA ITEM #5.A. Page 12 of 70 Kodiak Island Borough August 19, 2021 Assembly Regular Meeting Minutes Page 2 of 7 Mayor Roberts opened the public hearing for citizens authorized comment. Citizens’ Comments Lucas Baxter Shelley Paulson Arnold Hansen Mayor Roberts closed the public hearing and reopened the regular meeting. KAVANAUGH moved to remand the appeal back to the Planning & Zoning Commission for review. Lucas and Amira Baxter are appealing the decision to fail the application to rezone Miller Point Lots 3 and 4 from RR1 (Rural Residential One) to B (Business). Mr. and Mrs. Baxter argue that the findings of facts adopted by the Commission are incorrect. The applicants were not in attendance for the Planning and Zoning regular meeting on June 16, 2021. Finding of Facts: The subject parcel is not adjacent to any other property zoned B (Business). The subject parcel is not located in an area known as a commercial corridor. The subject parcel is surrounded by residential zoned properties which could be negatively affected by commercial use of the area. The rezone is not constant with the 2008 Comprehensive Plan Future Land Use Designation. ROLL CALL VOTE ON THE MOTION FAILED THREE TO THREE: Arndt, Smith, and Williams (NOES); Kavanaugh, Symmons, and Turner (AYES). Mayor Roberts broke the tie and voted in opposition of the motion. ARNDT moved to uphold the decision of the Planning & Zoning Commission and the accepted findings of facts. ROLL CALL VOTE ON THE MOTION CARRIED THREE TO THREE: Smith, Williams, and Arndt (AYES); Symmons, Turner, and Kavanaugh (AYES); Mayor Roberts broke the tie and voted in favor of the motion. 10.Borough Manager's Report Clerk’s Note: Manager Powers was absent. 11.Messages from the Borough Mayor Mayor Roberts spoke on the following: Ongoing discussions of the Kodiak Emergency Operations Center. AGENDA ITEM #5.A. Page 13 of 70 Kodiak Island Borough August 19, 2021 Assembly Regular Meeting Minutes Page 3 of 7 Mayor Roberts recessed the regular meeting at 7:31 P.M. for a short break. Mayor Roberts resumed the regular meeting at 7:36 P.M. 12.Consideration of Calendar - Unfinished Business None. 13.Consideration of Calendar - New Business 13.A.Contracts 13.B.Resolutions 1.Resolution No. FY2022-07 Approving The Hire Of An Associate Planner In The Community Development Department At Step F, Range 20.5 Of KIBC Salary Schedule And Approving Relocation Expense. ARNDT moved to approve Resolution No. FY2022-07. The Associate Planner position in the Community Development department has been vacant since April 2021. This position has been advertised and applications received. The hiring team interviewed Mr. Maloney and invited him to Kodiak for a second interview in July. Mr. Maloney holds a Bachelor's degree in an appropriate field and has seven years of municipal planning experience; he currently resides in a rural area of Vermont. The hiring team concluded that Mr. Maloney's experience and personality would be a good fit for the KIB and initiated an offer of employment. Mr. Maloney expressed a desire for a higher salary past the Manager approval threshold. KIB Personnel Handbook states the Borough Manager can approve up to Step C. This is amount is $34.20 per hour. Mr. Maloney is requesting an amount that correlates with step F which is $36.83 per hour. Mr. Maloney is also requesting assistance with relocation expenses which requires Assembly approval. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Symmons, Turner, Williams, Arndt, and Kavanaugh. 13.C.Ordinances for introduction 1.Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts And Polling Places. KAVANAUGH moved to advance Ordinance No. FY2022-05 to public hearing at the next regular meeting of the assembly on September 2, 2021. Last year, in order to accommodate public health restrictions of the Covid 19 Emergency Declaration and impacts of Covid-19 The Borough amended KIBC AGENDA ITEM #5.A. Page 14 of 70 Kodiak Island Borough August 19, 2021 Assembly Regular Meeting Minutes Page 4 of 7 7.30.020 to allow the Assembly to determine, by resolution, whether to use mail in voting in precincts where fewer than 100 voters cast ballots in the last election if there was an emergency or disaster declaration in effect. That ordinance provided, in part, that where a resolution was adopted calling for mail in voting the mail in voting procedures in KIBC Chapter 7.70 would apply. As we are coming up on the next election, and the Covid-19 Emergency Declaration is still in effect, and the number of cases is high, it was discovered that some practical adjustments may be required due to circumstances such as a shortage of poll workers and widespread concern about spreading the virus. Reviewing the procedures in KIBC Chapter 7.70, several of the elements, such as having an election official available in each precinct during set hours at least 15 days before the election date, are inconsistent with the measures preferred to conduct the election in a way which protects public health. In thinking about other potential emergencies or disasters it is reasonable to expect that each disaster or emergency which requires the by mail voting alternative may involve different risks, and the specifics of administering the by mail voting while a disaster or emergency declaration is in effect are better determined on a case by case basis when it occurs. For example, a fire or landslide may call for different procedures than a pandemic. Accordingly, it is recommended that KIBC 7.30.020(C) be amended to provide that the mail in voting process in Chapter 7.70 will be looked to for a guide, but the resolution approved by the Assembly for the specific election to be conducted by mail in ballot in some precincts would set out any changes in procedures from those described in Chapter 7.70 to be used in the specific election. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Symmons, Turner, Williams, Arndt, and Kavanaugh. 13.D.Other items 1.Superior Court Decision - Case No. 3 KO-20-96 CI, Melvin Stephens Senior Exemption Appeal. ARNDT moved to postpone to a time specific, the Superior Court Decision for Case No. 3 KO-20-96 CI, Melvin Stephens Senior Exemption Appeal until after Executive Session. VOICE VOTE CARRIED UNANIMOUSLY. 2.Report / Discussion Of Manager Recruitment Transition Plan. KAVANAUGH moved to approve the recruitment package for a new Borough Manager. The attached documents include a proposed recruitment mail-out, the current KIB Manager's job description, example of Manager job descriptions from other 2nd class boroughs and a compilation of proposed advertisements based on the most recent Manger recruitment. AGENDA ITEM #5.A. Page 15 of 70 Kodiak Island Borough August 19, 2021 Assembly Regular Meeting Minutes Page 5 of 7 ARNDT moved to convene into executive session to discuss the Manager recruitment package. ROLL CALL VOTE ON THE MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, Kavanaugh, Smith, and Symmons. KAVANAUGH moved to invite the Borough Attorney, Borough Mayor, Assembly into executive session. VOICE VOTE CARRIED UNANIMOUSLY. ARNDT moved to invite the Borough Clerk into executive session. VOICE VOTE CARRIED UNANIMOUSLY. Mayor Roberts adjourned the regular meeting and convened into executive session at 8:27 P.M. Mayor Roberts reconvened the regular meeting at 8:50 P.M. and opened the floor to discussion on the pending motion. ROLL CALL VOTE ON THE MOTION FAILED FIVE TO ONE: Turner, Williams, Arndt, Kavanaugh, and Smith (NOES); Symmons (AYE). 3.Declaring A Seat Vacant On The Solid Waste Advisory Board, Mr. Jason Jardine. ARNDT moved to declare a seat vacant on the Solid Waste Advisory Board of Mr. Jason Jardine. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Kavanaugh, Smith, Symmons, and Turner. 4.Infection Levels That Would Require Closed Meetings Or Zoom Meetings. Clerk’s Note: Assembly took no action. 5.Formal Resignation Of Assembly Member Julie Kavanaugh. KAVANAUGH moved to accept notice of formal resignation of Assembly Member Julie Kavanaugh, effective September 3, and instructed the Borough Clerk to begin the process of filling the vacant seat per KIB code. KIBC 2.25.060 Declaring and filling vacancies. If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and more than 90 days remain in the term, then the AGENDA ITEM #5.A. Page 16 of 70 Kodiak Island Borough August 19, 2021 Assembly Regular Meeting Minutes Page 6 of 7 clerk shall publish reasonable public notice of the vacancy and, for 14 days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. The assembly shall review the applications and may interview applicants. Not later than 30 days after the seat is declared vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. ROLL CALL VOTE CARRIED FIVE TO ONE: Arndt, Kavanaugh, Symmons, Turner, and Williams (AYES); Smith (NO). 14.Citizens' Comments Seema Garoutte Mel Stephens 15.Assembly Member' Comments Assembly member Turner had not comment. Assembly member Arndt thanked staff for filling in during staff shortages. Assembly member Williams thanked assembly member Kavanaugh for her service on the assembly. She also noted the aging state of the KIB Strategic Plan and stated that it was something the assembly needed to address. Assembly member Smith thanked staff for their work and Assembly Kavanaugh for her service to the community. Assembly member Symmons thanked community members for their citizen comments and support. Assembly member Kavanaugh asked that members of the community who were interested in her reasons for resigning to approach her directly. She also encouraged citizens to apply for appointment to the Assembly. 16.Executive Session A.Case No. 3KO-20-96 CI Mr. Melvin Stephens - Senior Exemption Appeal. ARNDT moved to convene into executive session to discuss Superior Court Decision - Case No. 3 KO-20-96 CI, Melvin Stephens Senior Exemption Appeal. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Kavanaugh, Smith, Symmons, Turner, Williams, and Arndt. ARNDT moved to invite the Mayor, the Assembly, the Borough Attorney, the Borough Clerk, and the Borough Assessor into executive session. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. Mayor Roberts recessed the regular meeting at 8:21 P.M. for a short break. Mayor Roberts resumed the regular meeting at 8:26 P.M. AGENDA ITEM #5.A. Page 17 of 70 Kodiak Island Borough August 19, 2021 Assembly Regular Meeting Minutes Page 7 of 7 Mayor Roberts closed the regular meeting and convened into executive session at 8:27 P.M.. Mayor Roberts reconvened the regular meeting at 9:47 P.M. and opened the floor for discussion. ARNDT moved to schedule the Superior Court Decision - Case No. 3 KO-20- 96 CI, Melvin Stephens Senior Exemption Appeal Hearing on the regular meeting of the assembly on September 16, 2021. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Symmons, Turner, Williams, Arndt, and Kavanaugh. 16.Adjournment ARNDT moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting adjourned at 9:49 P.M. KODIAK ISLAND BOROUGH ATTEST: Bill Roberts, Mayor Alise Rice, Borough Clerk Approved on: ________________ AGENDA ITEM #5.A. Page 18 of 70 To: The Honorable Pat Branson The Honorable Bill Roberts The Kodiak City Council The Kodiak Island Borough Assembly Mike Tvenge, City Manager Josie Bahnke, Asst. City Manager Michael Powers, Borough Manager From: Brad Gilman & Sebastian O’Kelly Re: Washington Update Date: August 13, 2021 1. FY 2022 Federal Budget/Appropriations: The House has passed 9 of its 12 FY 2022 appropriations bills on largely party-line votes. The appropriations bills provide an approximately 16.5 percent increase in the aggregate above FY 2021 levels for non-defense appropriations (Note: this does not include funding for the separate infrastructure and human social investment packages). The rate of growth in defense spending slows from that of the past few years, up 1.7 percent from FY 2021 levels. Republican opposition to the bills is largely due to the discrepancy in the non-defense versus defense spending growth. The Senate is proceeding more slowly. As has been the case for many years, Congress is unlikely to pass the appropriations bills by the October 1 start of the new fiscal year. We are likely to see passage of a Continuing Resolution to keep the Federal government operating until an Omnibus Appropriations Bill is considered in late 2021 or early 2022. An added and complicating factor will be a need to raise the statutory debt limit. As reported earlier, the House and Senate have reinstated the process of designating projects in appropriations bills (and the surface transportation reauthorization bill in the House) but with lower spending amounts and project numbers than when practiced a decade ago. It is easing its way back into this process. Both the House and Senate Appropriations Committee set 1 percent caps of all FY 2022 appropriations spending with a limit of 10 project requests per Member. The House’s project totals came in it at roughly 0.25% of total appropriations for a total of $3.7 billion, with roughly 60 percent of the funds going to districts controlled by the Majority, 40 percent to the Minority. The discrepancy has less to do with party control than to do with the fact that many Republicans did not request projects. About 1/3rd of House Republicans made requests versus almost all Democrats. Senator Murkowski and Rep. Young made project requests this year. On behalf of the Borough, Rep. Young requested $8 million for the Anton Larsen Bay Road project as part of the House’s surface transportation reauthorization bill but the project was not included. On behalf of the City, Rep. Young requested $18.6 million for construction of the new firehouse. The House Appropriations Committee included $7 million for the project under USDA’s Community Facilities Program. On behalf of the City, Senator Murkowski submitted a AGENDA ITEM #7.A. Presentation From Federal Lobbyist, Brad Gilman Of Robertson, Monagle & ...Page 19 of 70 $3.3 million request to replace the wastewater lift station. We will not know the fate of that request until the Senate Interior Appropriations Bill is marked up in the fall. We recommend submitting community project requests again next year but the list may need revisions based on the experience and outcome from this year and a better understanding on the types of projects that have the best chance of being requested by the Delegation and funded by the Committees. 2. COVID State, local, territorial & tribal government (SALT) relief: The Treasury Department continues to revise its guidance and FAQs on SALT government use of American Rescue Plan funding. More recent revisions include an interpretation that funds can be used for hiring of law enforcement officers and crime prevention programs. A full list of the FAQs is below and should be periodically checked for future changes. https://home.treasury.gov/system/files/136/SLFRPFAQ.pdf Separately, the Government Accountability Office has issued a report specifying that of the funds provided in the six enacted COVID relief bills, $1.7 trillion remains unspent. This includes $210 billion in direct SALT relief funding from the CARES and American Rescue Plan Acts, with most of the funding coming from the latter given that the Treasury Dept has only released the first tranche of funding. Lastly, the State has been using some of its SALT funding from the American Rescue Plan to compensate some localities for revenue foregone from the Commercial Passenger Vessel (CPV) Excise Tax shared tax program due to loss of cruise ship visitation. 3. Bipartisan Public Infrastructure Investment Legislation (“The Infrastructure Investment and Jobs Act”): The Senate bill includes almost $550 billion in new spending above projected existing program spending over the next 5 years. The total cost estimate of the bill is approximately $1.2 trillion. This amount represents the most significant increase in Federal infrastructure spending that we have seen in our professional lifetimes. The bill passed the Senate this week on a bipartisan vote, including with the support of both of Alaska’s Senators, and will be taken up by the House in the fall, although the House may link it with passage of the $3.5 trillion human/social investment legislation. The Senate bill does not have community projects. A separate House-passed bill focused on reauthorizing surface transportation programs included community projects. A rough breakout of the new additional funding in the Senate bill is below. Roads, bridges, and major projects $110 billion Passenger and freight rail $66 billion Public transit $39 billion Airports $25 billion Ports and waterways $17 billion Electric vehicles $15 billion AGENDA ITEM #7.A. Presentation From Federal Lobbyist, Brad Gilman Of Robertson, Monagle & ...Page 20 of 70 Road safety $11 billion Reconnecting communities $1 billion Subtotal, Transportation Infrastructure $284 billion Power infrastructure $73 billion Broadband $65 billion Water infrastructure (including lead pipes) $55 billion Resiliency and western water storage $50 billion Environmental remediation $21 billion Subtotal, Other Core Infrastructure $264 billion Total, Spending Provisions $548 billion 4. The Infrastructure Investment and Jobs Act – Ferries: The bill includes significant new ferry funding that should benefit the AMHS, including a new annual operating subsidy program. Funding includes – an authorization of $912 million for ferry & terminal construction over 5 years, with $342 million provided in appropriations; a $1 billion operating subsidy authorized and appropriated for rural ferry service spread over 5 years; and $250 million for green-powered ferries over 5 years. 5. The Infrastructure Investment and Jobs Act – Army Corps: The bill includes $11.6 billion in Army Corps funding to address the backlog in harbor, flood control, coastal protection and ecosystem restoration projects. The funding is for construction and includes new starts. Funding can be used for projects that have been previously authorized in WRDA but have yet to be built as well as Section 107 small harbor projects. The bill also includes $4 billion in funding for Corps operations and maintenance projects as well as $150 million for general investigations. All of this funding is in addition to annual appropriations of $7 billion to $8 billion that the Corps receives. The funds become available as soon the bill becomes law (i.e. the funds are not spread over 5 years as is the case for many of the programs in the bill). 6. The Infrastructure Investment and Jobs Act – New Rural Surface Transportation Program: The bill authorizes funds from the Highway Trust Fund a new surface transportation program for grants to rural communities totaling $2 billion spread over 5 years with projects to be focused on traditional road, bridge and tunnel projects. Cost-share is 80-20 with other Federal funds permissible as part of a local cost-share. Projects that provide access to Federal lands for tourism and recreation are encouraged, with 90 percent of the funds reserved for projects in excess of $25 million and 10 percent set aside for projects under that amount. The bill also includes a separate increase in surface transportation funds that are awarded to the States by formula and reauthorizes the Federal Lands Access and Tribal Transportation Programs. 7. The Infrastructure Investment and Jobs Act – Dam Safety: The bill includes significant funding to improve the safety of dams around the country, including $148 million to States for their dam safety programs and $585 million for grants for the rehabilitation or AGENDA ITEM #7.A. Presentation From Federal Lobbyist, Brad Gilman Of Robertson, Monagle & ...Page 21 of 70 replacement of High Hazard classified dams. These are both FEMA programs, with funding spread over 5 years. 8. The Infrastructure Investment and Jobs Act – Coastal Resilience: To address sea level rise, coastal erosion and increased flooding brought on by climate change, the bill creates or expands a number of Federal programs. These funds are in addition to the flood control funding for the Corps as noted above. $492 million is provided to NOAA for a partnership with National Fish & Wildlife Foundation for the National Coastal Resileince Fund to support ecosystem restoration projects that have flood protection and coastal erosion benefits. $491 million is appropriated to NOAA for community-based projects focused on shoreline protection. $200 million over the 5 year period is provided to NOAA’s marine debris program. 9. The Infrastructure Investment and Jobs Act – Port Infrastructure Development Program (PIDP): The bill includes $450 million per year over the next 5 years for the Maritime Administration’s PIDP. These funds are in addition to PIDP’s annual appropriations which have been between $225 million to $300 million per year. The bill includes a separate provision that allows States to use funds they receive from the Surface Transportation Block Grant Program on rural dock and waterfront infrastructure projects. This provision was authored by Senator Sullivan. 10. The Infrastructure Investment and Jobs Act – Transportation RAISE Grants (formerly known as BUILD/TIGER): Appropriates $1.5 billion annually over the next 5 years. This amount is in addition to the annual appropriations of approximately $1 billion that the program receives. The bill also provides $1 billion annually for a new “Safe Streets For All” program to fund local transportation projects that are specifically aimed at improving community safety. 11. The Infrastructure Investment and Jobs Act – Denali Commission: The bill provides $75 million for the Denali Commission as a one-time payment. This is in addition to annual appropriations. 12. The Infrastructure Investment and Jobs Act – Coast Guard: The bill includes $429 million in funding to address housing, family support, training facilities, and shoreside construction at Coast Guard bases and stations. This is in addition to annual appropriations. 13. The Infrastructure Investment and Jobs Act – Hydropower/Water Storage: The bill includes a section increasing funding of credit payments to utilities for investments in hydropower efficiency up to 30 percent of the project cost. A new Bureau of Reclamation program authorizing and appropriating $100 million is established to provide grants for small water storage projects between 2,000 and 30,000 acre feet. Alaska projects would be eligible. 14. The Infrastructure Investment and Jobs Act – Drinking & Wastewater Lines & Systems: The bill provides $23.4 billion in additional funding spread over 5 years for EPA’s Clean Water and Drinking Water State Revolving Funds for traditional wastewater and drinking water systems and lines, with the funding split equally between the two programs. These amounts represent a major infusion of additional funds into both programs and supplement AGENDA ITEM #7.A. Presentation From Federal Lobbyist, Brad Gilman Of Robertson, Monagle & ...Page 22 of 70 existing program spending. By way of comparison, the House FY 2022 Interior Appropriations Bill provides $1.9 billion and $1.4 billion to the Clean Water and Drinking Water State Revolving Funds respectively. The bill retains the current Federalism framework that has States administering the Funds and making project decisions. It keeps in place current matching fund requirements which typically comes from a combination of State and local funding. A separate $15 billion is provided to the Drinking Water State Revolving Fund to specifically address the replacement of lead service pipes. Other funding is provided to address Brownfields clean up along with emerging contaminants and PFAS chemicals in drinking water. 15. The Infrastructure Investment and Jobs Act – Broadband: The bill includes a substantial amount of funding ($65 billion) to expand broadband into unserved or underserved areas of the country. These are funds in addition to funding currently provided by USDA, the FCC, and the Dept. of Commerce’s National Telecommunications Information Administration (see item 22 for funding opportunities this year for tribal broadband). The bill authorizes and appropriates $42.4 billion for grants to States to bring or improve broadband service to unserved/underserved areas. An unserved area is defined as having no service or service less than 25 MB/second download & 3 MB/second upload while underserved is defined as less than 100 MB/second download & 20 MB/second upload. There is a minimum award of $100 million per State plus an amount equal to the number of unserved areas divided by unserved areas nationally. There is a separate $1.5 billion grant program spread over 5 years to address inequities in service to certain populations and another $1.25 billion competitive grant program with similar purposes. Local governments may apply for this funding. The bill also authorizes and appropriates $1 billion for a grant program for “middle mile” projects. The bill appropriates $2 billion for USDA’s existing broadband loan and grant programs and $2 billion for the current Tribal Connectivity Program. Lastly and separately, as part of receiving $25 million in USDA funding for its fiber optic cable project from Kodiak through the Aleutian Islands, GCI has issued an environmental assessment for public comment. 16. Human Infrastructure/Social Investment Legislation: The next major priority of the Biden Administration is enactment of legislation to provide $3.5 trillion over ten years on education, housing, childcare, healthcare, immigration, clean energy and other initiatives. The bill will be financed by increases in taxes on higher income earners and corporations. The Biden Administration, along with the House and Senate Democratic leadership has agreed to move the legislation by a process called “reconciliation” which allows budget and revenue-related bills to bypass the Senate filibuster but cannot included policy-related provisions unless they directly affect Federal spending or revenues (this restriction is commonly referred to as the Byrd Amendment and what was most recently invoked against including a minimum wage increase on the last COVID relief bill). The first step in that process, which the Senate has completed and the House will take up later this month, involves passage of a budget resolution that sets the overall spending and revenue caps. The next step is drafting the implementing legislation which will occur in the fall. These rules combined with the very narrow majorities the Democrats hold in the House and Senate make passage of this legislation complex and difficult. Unlike the AGENDA ITEM #7.A. Presentation From Federal Lobbyist, Brad Gilman Of Robertson, Monagle & ...Page 23 of 70 development of the Infrastructure Investment and Jobs Act, the process has not been bipartisan and is unlikely to be as we head into the fall. 17. Economic Development Administration (EDA): The EDA has scheduled a series of webinars in August to discuss its various initiatives for spending the $3 billion provided to it under the American Rescue Plan Act. It includes a travel, tourism and outdoor recreation as well as an indigenous community initiative. $3 billion is about 8 times EDA’s annual budget. EDA is expected to use regional economic development entities for much of the distribution. More information is at the link. https://www.eda.gov/ARPA/?utm_medium=email&utm_source=govdelivery 18. PILT: This year’s PILT payments have been announced by the Dept. of Interior. The House FY 2022 Interior Appropriations Bill contains full funding for next year. 19. National Wildlife Refuge Fund (“Refuge Revenue Sharing”): Like the previous two Administrations, the Biden Administration has proposed terminating annual appropriations for this program in its budget request. The House Appropriations Committee has rejected the request and level funds the program in the FY 2022 Interior Appropriations Bill. 20. New Federal Revenue Sharing Program For Public Lands Communities – We continue to monitor the formation of this new $1.5 billion program created by the American Rescue Plan Act that we highlighted in our last report. The Treasury Department has not yet announced criteria for the program and has prioritized distribution of SALT relief, individual stimulus checks, and child tax credit relief. The funding is equally divided over FY 2022 and 2023. 21. Supreme Court Ruling On Alaska Native Corporation (ANC) Eligibility For CARES Act Funding -- On June 25, Supreme Court ruled that Alaska Native Regional and Village Corporations are eligible to receive CARES Act funding designated for tribes. The ruling also upheld the inclusion of ANCs as an “Indian tribe” under the Indian Self- Determination and Education Assistance Act. Approximately, $450 million of the $8 billion for tribal relief in the CARES Act remains unspent and would most likely be put toward ANC payments. 22. Tribal Broadband: The National Telecommunications and Information Administration has announced a grant opportunity for Federally-recognized tribes to seek funds for “last mile” projects to bring high-speed broadband to their communities. Total funding is $980 million with applications due Sept 1. Alaska tribes may apply individually but some are joining a regional consortium approach managed by the Alaska Tribal Spectrum (ATS) to apply on their behalf. Links to the grant notice and ATS web site are below. https://broadbandusa.ntia.doc.gov/resources/tribal-nations https://aktribalspectrum.org/ AGENDA ITEM #7.A. Presentation From Federal Lobbyist, Brad Gilman Of Robertson, Monagle & ...Page 24 of 70 23. Essential Air Service: The House FY 2022 Transportation, Housing & Urban Development Appropriations Bill includes $364 million for EAS. This amount represents an increase of $50 million in overall funding from FY 2021. The amount includes both appropriations and overflight fees imposed on foreign airlines transiting U.S. airspace. 24. WOTUS: The Administration (EPA/USACE) issued a notice in June announcing plans to rescind the Trump Administration changes to the “Waters of the U.S.” definition and revisit associated regulations. A future rulemaking is expected to start later this year. 25. Fisheries & Oceans • COVID Fisheries Disaster Relief – CARES Act: Due to the large number of applications submitted with omissions or errors, it has taken longer than expected for the Pacific States Marine Fisheries Commission to process applications for relief from Alaska and Washington fishermen. The Commission anticipates that Washington CARES Act relief will be disbursed on or before 8/13/2021 and that Alaska relief will be disbursed in late September /early October. • COVID Fisheries Disaster Relief – Consolidated Appropriations Act of 2021: As reported previously, Alaska has been allocated $40 million by NOAA for the relief appropriated in this bill. The next step in the process is for the Alaska Dept of Fish & Game to develop its expenditure plan. Separately, $30 million was allocated to Federally Recognized Tribes in coastal States. • 2018 Gulf of Alaska Pacific Cod Disaster Relief: The State of Alaska finalized its expenditure plan at the end of 2020 for relief to the differing fishing sectors impacted by the disaster. The Pacific States Marine Fisheries Commission will handle the processing of fishermen’s claims but is awaiting final approval from NOAA on grant funding before it can make application forms available. Reports are that the Office of Management & Budget (OMB) has prevented NOAA from making a final decision. • Executive Order 14008 – Tackling The Climate Crisis At Home And Abroad: Section 216 of the E.O. calls for setting aside and permanently conserving 30% of all land and water in the United States by 2030. There appears to be some ambiguity about whether this applies to all land and water (including under State jurisdiction or private ownership) or simply land and water under the jurisdiction of the Federal government. The agencies have moved to the next steps on implementation, submitting a preliminary report titled Conserving and Restoring America the Beautiful. This report includes a recommendation for the Federal government to expand the National Marine Sanctuaries System and the National Estuarine Research Reserve System. The report also recommends that NOAA work closely with the Regional Fishery Management Councils to use the authorities provided under the Magnuson-Stevens Act to improve conservation outcomes for the protection of marine species and habitats. • Sea Otters: The USFWS has issued a report based on roundtable meeting it held in Juneau in late 2019 on the growth of sea otter populations in Southeast Alaska. The AGENDA ITEM #7.A. Presentation From Federal Lobbyist, Brad Gilman Of Robertson, Monagle & ...Page 25 of 70 report concludes that sea otter recovery in the region has been “wildly successful.” Suggested recommendations to address the growing population included more funding for artisan training and marketing of Native handicrafts as well as use of co-management agreements with Southeast AK tribal groups such as the Prince of Wales tribal sea otter commission. The link to the AK report can be found here -- https://www.fws.gov/alaska/sites/default/files/2020- 10/SSOSW_REPORT_FINAL_508_0.pdf Separately, a Congressional-required USFWS study (due December 2021) is currently examining reintroduction of sea otters in Washington, Oregon, and California. On August 5, 2021 an ad hoc coalition of 24 ocean-based regional stakeholder associations, including commercial fishing, shellfish aquaculture, and maritime interests, submitted a detailed comment letter to the Agency, expressing both concerns over the impacts of reintroduction and the need for a fair, transparent and comprehensive report to Congress. • Endangered Species Act (ESA) Revisions: The Biden Administration has initiated a rulemaking to reinstate provisions of the Endangered Species Act that were modified under the Trump Administration to make the critical habitat designation process more flexible. This includes removing the options to exclude areas from critical habitat; rescinding the recent new definition of critical habitat; removing the ability to consider possible economic or other impacts to critical habitat designations; and restoring the automatic default that extends protections provided to endangered species to those listed as threatened. Several related rulemakings are expected this year. • Saltonstall-Kennedy Grants: The Senate Commerce Committee has marked up S. 497, the American Fisheries Advisory Committee Act, legislation introduced by Senator Sullivan (R-AK) and Commerce Committee Chairwoman Cantwell (D-WA) to reform the national S-K grant program. The bill would create an advisory committee to guide the grant program’s goals and objectives going forward. Senator Murkowski is a cosponsor. Rep. Young is the author of the House counterpart bill. • Mask Mandate On Fishing Vessels: In May the Coast Guard issued a directive requiring the wearing of masks on commercial fishing vessels and other passenger vessels. This directive received a host of criticism from the Congress. Senators Lisa Murkowki (R-AK) and Maggie Hassan (D-NH) wrote to the CDC and the Coast Guard in late May urging them to reconsider the mask mandate for commercial fishing vessel. On June 13 the Coast Guard reversed its position and eliminated the mask mandate. • China Seafood Trade: In April Senator Lisa Murkowski (R-AK) had an exchange with the current United States Trade Representative, Ambassador Katherine Tai, regarding the implementation of the agreement with China to purchase U.S. agricultural commodities, including U.S. seafood products. The Senator pointed out that the trade statistics demonstrate that China is not living up to its commitment to purchase U.S. seafood. Ambassador Tai assured Senator Murkowski that seafood would remain on the Administration’s radar screen in its continuing discussions with the Chinese over the implementation of the trade agreement. AGENDA ITEM #7.A. Presentation From Federal Lobbyist, Brad Gilman Of Robertson, Monagle & ...Page 26 of 70 • Prescott Grants: In the May markup, the Senate Commerce Committee approved S. 1289, the Marine Mammal Research and Response Act. The legislation was introduced by Chairwoman Cantwell (D-WA) and cosponsored by Senators Sullivan (R- AK) and Murkowski (R-AK). The bill would amend the Marine Mammal Protection Act of 1972 to reauthorize and modify the John H. Prescott Marine Mammal Rescue Assistance Grant Program. The bill would require enhanced data collection on stranded marine mammals; require closer coordination between funded marine mammal stranding network participants and NOAA; authorize larger grants to network participants; and increase public access to stranding data. • BLUE GLOBE Act: In May, the Senate Commerce Committee approved S. 140, sponsored by Senators Sheldon Whitehouse (D-RI) and Lisa Murkowski (R-AK) the current co-chairs of the Senate Ocean Caucus. The legislation would direct federal interagency committees to accelerate ocean data and monitoring innovation and enhance data management by increasing the focus on technology advancement. This would include an ocean innovation prize; an assessment by the National Academy of Sciences on the creation of an “oceans advanced research project agency”; and development of innovative technology designed to combat Illegal, Unreported, and Unregulated (“IUU”) fishing. • Endless Frontiers Act -- Seafood Imports From Trafficked Labor Nations: Senator Wyden (D-OR) has added a fisheries-related provision to legislation design to improve U.S. trade and technological competitiveness that has now passed the Senate. It would establish a process to prohibit U.S. seafood imports that are harvested or processed using forced labor, including child and human-trafficked labor. U.S. Customs & Border Protection, in consultation with the Department of Commerce, would have one year to issue implementing regulations, relying on data from the Seafood Import Monitoring Program, to enforce the prohibition. Senator Wyden’s amendment also includes language directing the U.S. Trade Representative to coordinate with other nations to end international trade in seafood harvested and processed from forced labor. Similar but much more controversial legislation (H.R. 3075; Illegal fishing and Forced Labor Prevention Act) has been offered by Rep. Huffman (D-CA-2nd) and Rep. Graves (R-LA-6th) and was part of a WOW Subcommittee legislative hearing on July 29, 2021. This legislation would among other things, expand the national Seafood Import Monitoring Program (SIMP) to all species; increase data requirements for SIMP, including consideration of labor conditions; improve detection of imports at risk of IUU fishing and labor violations; and increase interagency coordination and data sharing. Additionally, the bill would establish seafood traceability and labelling requirements; increase outreach on seafood safety and fraud; and improve seafood inspections and federal enforcement of seafood fraud. H.R. 3075 would also authorize funding for new Automatic Identification Systems (AIS) and amend requirements for where AIS must be used by U.S. vessels on vessels greater than 50-ft in the entire EEZ and on the high seas. The bill was included in a legislative hearing by the WOW Subcommittee on July 29, 2021. AGENDA ITEM #7.A. Presentation From Federal Lobbyist, Brad Gilman Of Robertson, Monagle & ...Page 27 of 70 • Magnuson-Stevens Act (MSA) Reauthorization: On July 26, 2021 House WOW Subcommittee Chairman Jared Huffman (CA-D-2nd) formally introduced H.R. 4690, the Sustaining America’s Fisheries for the Future Act of 2021 (“SAFFTFA”) In advance of introduction, the Chairman conducted seven MSA listening sessions around the country - - three in the Pacific region, one in the Mid-Atlantic region, one in the Gulf of Mexico region, one in the South Atlantic region, and one in the Western Pacific region. The subcommittee staff also accepted stakeholder comments on a “discussion draft” circulated back on December 18, 2020. ROMEA staff submitted an analysis of that draft to Hill staff in early 2021. On July 28, 2021 ROMEA staff, working with Mr. Dave Whaley, circulated a detailed section-by-section summary of the formally introduced legislation, H.R. 4690. By comparison, the Senate has held no recent MSA hearings and no “discussion drafts” or actual reform bills were offered in the 116th or thus far in the 117th Congress. • NMFS Fisheries Surveys: NMFS is gradually expanding its fisheries surveys this year as the pandemic decreases. The NOAA fisheries research vessel fleet is planning to increase its surveys from 253 days in 2020 to 1202 days in 2021. Surveys conducted by charter vessels are planned to be increased from 84 days in 2020 to 1038 days in 2021. • Electronic Monitoring (EM) On Fishing Vessels: NMMFS is developing a new policy relating to EM data treatment and retention, FOIA applicability, and EM data as it relates to the Federal Records Act. It will also address secondary video review, third party standards, monitoring of EM providers and the elements necessary to ensure system functionality. A draft EM Policy Directive is slated to be presented to the Regional Fishery Management Councils in late 2021 with a planned implementation date of January 2022. • NOAA & NMFS Appointments: The Senate has confirmed Dr. Rick Spinard to be the new Under Secretary of Oceans and Atmosphere and Administrator of NOAA. Dr. Spinard served as NOAA’s Chief Scientist in the Obama Administration and is currently Professor of Oceanography at Oregon State University. Under President Obama, Dr. Spinard was the co-lead in developing the Nation’s ocean research priorities. Janet Coit has been appointed Administrator of the National Marine Fisheries Service. Coit directed the Rhode Island Department of Environmental Management for more than ten years. She will also serve as acting Assistant Secretary of Commerce for oceans and atmosphere and deputy NOAA administrator. • Fish Passage Culverts, In-Stream Barrier and Dam Removal Funding: The Infrastructure Investment and Jobs Act includes a new program authored by Senator Cantwell (D-WA) to install new and improved culverts at river and stream crossings, with a focus on expanding salmon and other anadromous fish habitat. The program is authorized at $800 million/yr over the next 5 years and would provide grants to States, local governments and tribes to carry out the purposes of the program. Appropriations in the amount of $200 million per year has been included in the bill. Separately, the bill provides NOAA with $400 million for in-stream barrier removal projects that impede the AGENDA ITEM #7.A. Presentation From Federal Lobbyist, Brad Gilman Of Robertson, Monagle & ...Page 28 of 70 passage of anadromous fish species. The U.S. Fish & Wildlife Service is provided $200 million for the same purpose. $75 million is appropriated to FEMA for dam removal projects. • Pacific Coastal Salmon Recovery Fund (PCSRF): This program typically provides $65 million annually via formula to the West Coast States for salmon recovery and habitat restoration activities. The Infrastructure Investment and Jobs Act includes a funding supplement to bring this program to an annual funding level of $100 million for the next 5 years. AGENDA ITEM #7.A. Presentation From Federal Lobbyist, Brad Gilman Of Robertson, Monagle & ...Page 29 of 70 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 2, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts And Polling Places. ORIGINATOR: Borough Attorney RECOMMENDATION: Move to adopt Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts And Polling Places. Staff Report: Borough Attorney Mayor Roberts to open the public hearing. Public comments are limited to 3 minutes per speaker. Local number 907 -486-3231 / Toll Free 855-492-9202. Citizens: State your name clearly for the record. Please address all remarks to the assembly as a body and not to any member thereof. Mayor Roberts to close the public hearing Assembly Discussion Roll Call Vote DISCUSSION: Last year, in order to accommodate public health restrictions of the Covid 19 Emergency Declaration and impacts of Covid-19 The Borough amended KIBC 7.30.020 to allow the Assembly to determine, by resolution, whether to use mail in voting in precincts where fewer than 100 voters cast ballots in the last election if there was an emergency or disaster declaration in effect. That ordinance provided, in part, that where a resolution was adopted calling for mail in voting the mail in voting procedures in KIBC Chapter 7.70 would apply. As we are coming up on the next election, and the Covid-19 Emergency Declaration is still in effect, and the number of cases is high, it was discovered that some practical adjustments may be required due to circumstances such as a shortage of poll workers and widespread concern about spreading the virus. Reviewing the procedures in KIBC Chapter 7.70, several of the elements, such as having an election official available in each precinct during set hours at least 15 days before the election date, are inconsistent AGENDA ITEM #9.A. Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts ...Page 30 of 70 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 2, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough with the measures preferred to conduct the election in a way which protects public health. In thinking about other potential emergencies or disasters it is reasonable to expect that each disaster or emergency which requires the by mail voting alternative may involve different risks, and the specifics of administering the by mail voting while a disaster or emergency declaration is in effect are better determined on a case by case basis when it occurs. For example, a fire or landslide may call for different procedures than a pandemic. Accordingly, it is recommended that KIBC 7.30.020(C) be amended to provide that the mail in voting process in Chapter 7.70 will be looked to for a guide, but the resolution approved by the Assembly for the specific election to be conducted by mail in ballot in some precincts would set out any changes in procedures from those described in Chapter 7.70 to be used in the specific election. ALTERNATIVES: Adopt the change, and adopt an resolution each time this is required setting out any specifics for how voting by mail under Chapter 7.70 will be implemented during the specific disaster or emergency. Decline to amend the Code and choose whether to follow all of the procedures in Chapter 7.70 for mail in voting during a disaster or emergency declaration. FISCAL IMPACT: Implementing the full procedures in Chapter 7.70 will likely cost a similar amount to standing up a regular polling station, but does not address the issue of poll worker safety. OTHER INFORMATION: AGENDA ITEM #9.A. Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts ...Page 31 of 70 Kodiak Island Borough, Alaska Ordinance No. FY2022-05 Page 1 of 2 Introduced by: Borough Clerk thru the Mayor 1 Drafted by: Borough Attorney 2 Introduced on: 08/19/2021 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2022-05 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 TITLE 7, ELECTIONS, 7.30.020 PRECINCTS AND POLLING PLACES. 10 11 WHEREAS, The Assembly finds that when an election is held during a disaster or emergency 12 declaration some of the procedures used to conduct the election may need to be adapted to 13 conduct the election in a manner which does not unreasonably endanger the public health and 14 welfare; and 15 16 WHEREAS, The Assembly finds that the process required may vary based upon the nature of 17 the disaster or emergency, and the transient and variable nature of emergencies or disasters 18 makes it more appropriate to designate the procedures to be followed to respond to the 19 circumstances posed by a particular disaster or emergency declaration in a resolution specific to 20 that election. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 23 BOROUGH that: 24 25 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 26 Kodiak Island Borough Code of Ordinances. 27 28 Section 2: That Section 7.30.020, Precincts and polling places, of the Kodiak Island Borough 29 Code of Ordinances is amended to read as follows: 30 31 7.30.020 Precincts and polling places. 32 A. The precincts established by the state and set forth in the Alaska Administrative 33 Code shall be the precincts for all elections. The clerk shall secure a polling place 34 for each precinct for each election. Whenever practicable, the polling place shall 35 be located within the precinct. 36 B. No later than 20 days before each regular and special election, the clerk shall 37 publish in one or more newspapers of general circulation in the borough the 38 locations of the precinct polling places. Such publication shall be repeated at least 39 once no later than the day prior to the election. 40 C. If If a declaration of a disaster or emergency has been issued by the President of 41 the United States, the Governor of Alaska, or the Emergency Services Council 42 (KIBC 2.110.030) which includes areas within the Kodiak Island Borough, 43 precincts where the voter turnout was less than 100 voters at the last regular 44 election may be designated as “ballot by-mail” precincts by resolution of the 45 assembly. In those precincts, no election officials shall need not be appointed. 46 In “ballot by-mail” precincts the procedures outlined in Chapter 7.70 KIBC shall 47 be followed as modified by the resolution designating the precinct a ballot 48 AGENDA ITEM #9.A. Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts ...Page 32 of 70 Kodiak Island Borough, Alaska Ordinance No. FY2022-05 Page 2 of 2 by mail precinct as needed to accommodate the restrictions created by the 49 declared disaster or emergency. Voters in a “ballot by-mail” precinct wishing to 50 vote early or absentee in person may do so at any designated early voting or 51 absentee voting site. Any precinct designated as a “ballot by-mail” precinct in 52 accordance with the provisions of this subsection will remain a “ballot by-mail” 53 precinct until such time as declared disaster or emergency status has been lifted. 54 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 55 THIS DAY OF , 2021 56 57 KODIAK ISLAND BOROUGH 58 59 ATTEST: 60 ___________________________ 61 William Roberts, Mayor ___________________________ 62 Alise L Rice, Borough Clerk 63 64 VOTES: 65 Ayes: 66 Noes: 67 AGENDA ITEM #9.A. Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts ...Page 33 of 70 Manager’s Report Michael Powers September 2, 2021 Activities Personnel Conducted interview for Bayside Fire Chief Position. Follow up occurring. The Planner has accepted the position and will be relocating to Kodiak. COVID19 Emergency Services Council Meeting held September 2. Mask Mandate will continue and occupancy changes (limits) will be considered next week. There have been numerous articles about hospitals suffering nursing shortages leading to a lack of beds for all illnesses. Staff met with ADFG and Alaska Waste about our annual bear/dumpster problem. We continue to work on multiple issues at KFRC including the Seawater Discharge. Working on inquiry by Alaska Waste for a Build/Lease with them. Census-13,101 souls….not the decline some expected. State Budget-Budget is still a mess, PFD is still up in the air. We are roughly $400,000 underfunded by the State on the School Bond debt reimbursement as it stands today. On a personal note, a sincerely thank you to my staff who helped keep things running while I was dealing with my wife’s illness, hospitalization and recovery! I truly appreciate the support, kind words and kind deeds! Upcoming No Borough travel planned. AGENDA ITEM #10.A. Page 34 of 70 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 2, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2022-06 Designating Precincts, Where The Voter Turnout Was Less Than 100 Voters At The Last Regular Election, As Ballot By Mail Precincts. *Subject to adoption of Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts And Polling Places. ORIGINATOR: Borough Clerk, Alise Rice RECOMMENDATION: Move to approve Resolution No. FY2022-06 Designating Precincts, Where The Voter Turnout Was Less Than 100 Voters At The Last Regular Election, As Ballot By Mai l Precincts for the October 5, 2021 Regular Municipal Election. Staff Report Assembly Discussion Roll Call Vote DISCUSSION: The Emergency Services Council has declared Kodiak Island Borough to be under a declaration of disaster. When this has occurred the assembly may, by resolution, declare those precincts where the voter turnout was less than 100 voters at the last regular election as Ballot By Mail Precincts. This resolution would effect the Kodiak Island South Precinct (Encompassing the City of Larsen Bay, the City of Akhiok, and Karluk), Old Harbor Precinct, Ouzinkie Precinct, and Port Lions Precinct. Kodiak Island South and Ouzinkie have both stated desire vote as ballot by mail precinct. There has been no response from the village of Old Harbor. The Port Lions City Council at their Regular Council Meeting held on August 12 2021, voted unanimously with a quorum of 5/7 members present to request in-person voting. This resolution details the procedures and options for voting in these districts. • The Clerk will mail a voter pamphlet, ballot, instructions for voting a by -mail ballot, a list of the appointed by-mail officials, their hours and locations, grey secrecy sleeve, and a voter return envelope to each registered voter residing in these districts no less than 14 days before the election. (September 21, 2021) AGENDA ITEM #13.B.1. Resolution No. FY2022-06 Designating Precincts, Where The Voter Turnout ...Page 35 of 70 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 2, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough • All registered voters may vote early vote in person up to 21 days before the election in the Borough Chambers located at 710 Mill Bay Road, Room 232, Kodiak. (September 14, to October 4, 2021) • There will not be Absentee In Person Voting locations in these precincts. • Each of these voting location precincts will have an election official available to them on election day, from 7:00 a.m. to 8:00 p.m. where they can vote in person. • The Borough Clerk will provide official ballots and other voting supplies as needed to the election officials no later than the day before the election. • Election Official training will be conducted via Zoom or Teleconference. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.B.1. Resolution No. FY2022-06 Designating Precincts, Where The Voter Turnout ...Page 36 of 70 Kodiak Island Borough, Alaska Resolution No. FY2022-06 Page 1 of 2 Introduced by: Borough Clerk’s Office thru the Mayor 1 Drafted by: Borough Clerk 2 Introduced on: 09/02/2021 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2022-06 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DESIGNATING 9 PRECINCTS, WHERE THE VOTER TURNOUT WAS LESS THAN 100 VOTERS AT THE LAST 10 REGULAR ELECTION, AS BALLOT BY MAIL PRECINCTS. 11 12 WHEREAS, Kodiak Island Borough Code 7.30.020 allows provides for ballot by mail precincts 13 when a declaration of a disaster or emergency has been issued by the President of the United 14 States, the Governor of Alaska, or the Emergency Services Council; and 15 16 WHEREAS, the Emergency Services Council has declared Kodiak Island Borough to be under 17 a declaration of disaster; and 18 19 WHEREAS, the Kodiak Island South Precinct (Encompassing the City of Larsen Bay, the City 20 of Akhiok, and Karluk), Old Harbor Precinct, Ouzinkie Precinct, and Port Lions Precinct each had 21 voter turnouts of less than 100 voters in the last regular election; and 22 23 WHEREAS, the Kodiak Island Borough Assembly finds public health objectives of limiting in 24 person contact in response to the ongoing pandemic important; and 25 26 WHEREAS, Kodiak Island South and Ouzinkie have both stated desire vote as ballot by mail 27 precinct; and 28 29 WHEREAS, there has been no response from the village of Old Harbor regarding designation 30 as a Ballot By Mail Precinct; and 31 32 WHEREAS, the Port Lions City Council at their Regular Council Meeting held on August 12 33 2021, voted unanimously with a quorum of 5/7 members present to request in-person voting; and 34 35 WHEREAS, voters will be provided the opportunity to vote in person on election day; 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 38 BOROUGH that: 39 40 The following precincts be designated as a Ballot By Mail Precinct for the October 5, 2021 Regular 41 Municipal Election: 42 43 32/815 Larsen Bay, Akhiok, and Karluk 44 32/832 Old Harbor 45 32/840 Ouzinkie 46 32/845 Port Lions 47 48 AND FURTHER BE IT RESOLVED that: 49 50 AGENDA ITEM #13.B.1. Resolution No. FY2022-06 Designating Precincts, Where The Voter Turnout ...Page 37 of 70 Kodiak Island Borough, Alaska Resolution No. FY2022-06 Page 2 of 2 The Pursuant to KIBC 7.30.020(C) the By Mail voting in these precincts shall be conducted using 51 following procedures: 52 53 1. At least one Election Official shall be appointed for each By Mail precinct. 54 55 2. The Clerk will mail a notice identifying the voter’s precinct as a By Mail precinct; the voter 56 pamphlet; ballot; instructions for voting a By-Mail ballot; information about where voter 57 who did not receive a ballot may obtain one; instructions for mailing or dropping off a ballot 58 which has been voted; a list of the appointed by-mail officials, their hours and locations; 59 grey secrecy sleeve; and a voter return envelope to each registered voter residing in these 60 districts no less than 14 days before the election. (September 21, 2021) 61 62 3. All registered voters may vote early vote in person up to 21 days before the election in the 63 Borough Chambers located at 710 Mill Bay Road, Room 232, Kodiak. (September 14, to 64 October 4, 2021) 65 66 4. There will not be Absentee In Person Voting locations in these precincts. 67 68 5. Each of these voting location precincts will have an election official available to them on 69 election day, from 7:00 a.m. to 8:00 p.m. where they can vote in person and can drop off 70 ballots if they have not mailed them in. 71 72 6. The Borough Clerk will provide official ballots and other voting supplies as needed to the 73 election officials no later than the day before the election. 74 75 7. Election Official training will be conducted via Zoom or Teleconference. 76 77 78 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 79 THIS DAY OF , 2021 80 81 KODIAK ISLAND BOROUGH 82 83 ATTEST: 84 ___________________________ 85 William Roberts, Mayor ___________________________ 86 Alise L Rice, Borough Clerk 87 88 VOTES: 89 Ayes: 90 Noes: 91 92 93 94 AGENDA ITEM #13.B.1. Resolution No. FY2022-06 Designating Precincts, Where The Voter Turnout ...Page 38 of 70 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 2, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Letter Of Local Government Support To Name An Unnamed Waterfall "Kim Falls". ORIGINATOR: Assessor, Seema Garoutte RECOMMENDATION: Move to approve Letter of Support to name an unnamed waterfall "Kim Falls". Staff Report - Assessor, Seema Garoutte Assembly Discussion Roll Call Vote DISCUSSION: Kodiak citizen Mr. Chris Sibrel is asking for local government support to name an unnamed waterfall "Kim Falls". The waterfall is situated on KIB property at S11, T29S, R21W, Kodiak Island Borough. Mr. Sibrel describes the waterfall as "a small (flow) tumbling waterfall on Kashaveroff mountain on the island of Kodiak facing the community of Bells Flats. The average width varies widely depending on rainfall, but is about 3 -4 ft across. Access is quite difficult to measure the height, but I estimate it appears to be "falling" for over 100 ft." Mr. Sibrel states "Kodiak has a beautiful lake called Lake Rose Teed. Apparently the US Army Corp of engineers were so taken with this Broadway and movie star they decided to name a lake after her. With this spirit, I thought it would be appropriate to name these falls by another famous Broadway and movie star Kim Hunter. Born Janet Cole; November 12, 1922 – September 11, 2002. Kim won many awards, including an Academy Award, Oscar, and Daytime Emmy; she has proven to have many civic contributions on Broadway, the silver screen, and television, and an outstanding national reputation. Kim is significant to me because the movie A Streetcar Named Desire is my favorite movie from that era. Also, I didn't know until recently, but and I grew up watching the Planet of the Apes movies, where she played the chimpanzee Zira. She was a very dynamic person and I thought it kept up with Kodiak's history of naming after stage and film stars from the 1940's and 1950's." AGENDA ITEM #13.D.1. Letter Of Local Government Support To Name An Unnamed Waterfall "Kim Fal...Page 39 of 70 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 2, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough Mr. Sibrel would like a letter of support from the Kodiak Island Borough Mayor sent to the U.S. BGN Executive Secretary, Domestic Names. ALTERNATIVES: Deny the request for the local government support letter. FISCAL IMPACT: None OTHER INFORMATION: AGENDA ITEM #13.D.1. Letter Of Local Government Support To Name An Unnamed Waterfall "Kim Fal...Page 40 of 70 Kodiak Island Borough OFFICE of the Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: bill.roberts@kodiakak.us August 10, 2021 U.S. BGN Executive Secretary, Domestic Names 12201 Sunrise Valley Drive, MS-523 Reston, VA. 20192 Re: Letter of Local Government Support for the Naming of Unnamed Waterfall to Kim Falls To Whom it May Concern, I would like to confirm my support for the Renaming of the Unnamed Waterfall located at S11 T29S R21W of the Kodiak Island Borough. Kodiak has a beautiful lake called Lake Rose Teed. Apparently, the US Army Corp of engineers were so taken with this Broadway and movie star they decided to name a lake after her. In line with Kodiak’s history of naming areas after stage and film stars from the 1940’s and 1950’s it seems appropriate for this water fall to be named after the famous Broadway and movie star Kim Hunter, who starred as Stella, in the famous film, “A Streetcar Named Desire” and won numerous awards such as a Daytime Emmy, an Oscar and an Academy Award, Ms. Hunter is known for her many civic contributions on Broadway, the silver screen and television. I strongly support the proposed waterfall naming project and encourage the U.S. BGN to accept, and name said waterfall KIM FALLS. If you have any questions, please contact me at (907) 486-9312 or clerks@kodiakak.us. Sincerely, William Roberts Mayor AGENDA ITEM #13.D.1. Letter Of Local Government Support To Name An Unnamed Waterfall "Kim Fal...Page 41 of 70 Service Layer Credits: Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community Copyright:© 2013 National Geographic -152.605, 57.681 Salonie CreekKashevaroff MountainMike Milligan's TrailCenter MountainJack's Lakes TrailsHeitman MountainWomens Bay T ra i lsWomens Bay TrailsJack's Lakes TrailsJack's Lakes TrailsRoads TrailsKashevaroff MountainAGENDA ITEM #13.D.1. Letter Of Local Government Support To Name An Unnamed Waterfall "Kim Fal...Page 42 of 70 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 2, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Confirmation Of Mayoral Appointment To Architectural/Engineering Review Board, Mr. Tyler Andersen. ORIGINATOR: Deputy Clerk, Lina Cruz RECOMMENDATION: Move to confirm the mayoral appointment of Mr. Tyler Andersen to the Architectural/Engineering Review Board seat that will expire December 2023. Staff Report Mayor Roberts Assembly Discussion Roll Call Vote DISCUSSION: On May 18, 2021, the Clerk's office received Mr. Andersen's application for the Architectural/Engineering Review Board seat that expires December 2023. Mr. Andersen currently resides at 1617 Mission Road, this qualifies him for a seat as his residence is inside the Borough. He has resided in the borough for 10 months. He is currently serving on the Providence Health and Services, American Society for Healthcare Engineers. His main reason for applying: "I think this would be a great opportunity to strengthen the Kodiak Island Borough and Provident Kodiak Island Medical Center relationship. His background, experience, and expertise that he will bring to the commission: "I have over twenty years experience in construction project management ranging from large scale high tech manufacturing build outs to tenant improvements." Mr. Andersen has indicated that he is available to attend regular meetings. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC Title 2 Administration and Personal Chapter 2.105 Planning and Zoning Commission AGENDA ITEM #13.D.2. Confirmation Of Mayoral Appointment To Architectural/Engineering Review ...Page 43 of 70 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 2, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough 2.105.010 Created - Membership There is created pursuant to AS 29.40.020 a planning and zoning commission, which shall consist of seven members appointed by the mayor subject to confirmation by the assembly, except that a member from a home rule or first class city shall be selected from a list of recommendations submitted by the council. Commission membership shall be apportioned so that the number of members from home rule or first class cities within the borough reflects the proportion of borough population residing within those cities. Commission membership shall be reapportioned according to the fluctuation of population within the borough and its home rule and first class cities by resolution of the assembly at the expiration of the terms of commission members. Borough employees may be appointed to serve on the planning and zoning commission unless they are employed by the community development department. Nothing in this section prevents the mayor from appointing additional persons to serve in an advisory or ex officio capacity without regard to apportionment of borough population AGENDA ITEM #13.D.2. Confirmation Of Mayoral Appointment To Architectural/Engineering Review ...Page 44 of 70 jh ‘.41; nlguv rIII-Ir-' II—l.!D1I n..,..5...- 'v 4..._ e n .~m||-nnuovuuu u 4-... .—.__,.-.—.—l—qI— —_-q»..¢g;.._ :m ?r ...._ -:—a u um um.,,. :u-ry-L||"':'ii. Lina Cruz From:norep|y@civicp|us.com Sent:Monday,May 17,2021 3:56 PM To:Clerks Subject:Online Form Submittal:Board Application Form Board Application Form Please complete the online form below.Please be aware that the information given on your application is made available to the public.Staff willrequire the use of a mailing address,email address,and contact phone number to provide board and meeting information. PERSONAL INFORMATION Select the Board.Commission.Architectural/Engineering Review Board or Committee applying for D€5IS"3t¢'-‘d 593‘0'ETOUP Field not completed. representation (if applicable): Full Name Tyler Andersen Residence Address 1517 Mission Road Mailing Address 1617 Mission Road Ema"Address (7)1553dd|’€5S ty|er.andersen@providence.org will be used for correspondence) Home Phone Number 15032502370 (numeric only) Work Number (numeric only)5032502370 Cell or Fax Number (numeric 5032502370 only) RESIDENCY INFORMATIONLengthofresidencyinKodiak 7 monthsRegisteredtovoteinKodiak?YesFORSERVICEAREABOARDAPPLICANTS AGENDA ITEM #13.D.2.Confirmation Of Mayoral Appointment To Architectural/Engineering Review ...Page 45 of 70 Length of Residence in Service Field not compIe(ed_ Area ORGANIZATION MEMBERSHIP INFORMATION Are you currently sewing on No other Boards,Commissions,or Committees? lf V65.Which Field not completed. Organizations you belong to Providence Health and Services,American Society for 0'Paf?cipate in Healthcare Engineers Explain YOU’main 79350"for I think this would be a great opportunity to strengthen the 3PP'Yi"E KlB I PKIMC relationship, What background.Experiencei I have over twenty years experience in construction project 0''EXPENSEWt”YOUbring 30 management ranging from large scale high tech the manufacturing build outs to tenant improvements. board/committee/commission membership? Are you available for regular Yes meetings? Pursuant to KIBC 2.100.070 (A.6)and 4.15.070 (A.7)Other than by expiration of the members term,the assembly shall declare a seat vacant when a member of the board misses three consecutively held regular meetings and is not excused. FOR CLERKS OFFICE STAFF ONLY Applicant's Residence:Borough City \/Date of AppointmentTermExpiresOnAppointmentLetterRosterOathofOf?ceAPOCPOFD Statement:N/A Attached On FileEmailnotdisplayingcorrectly?View it in your browser.AGENDA ITEM #13.D.2.Confirmation Of Mayoral Appointment To Architectural/Engineering Review ...Page 46 of 70 Revision Date: 12/18/2020 Revised by: LC ARCHITECTURAL/ENGINEERING REVIEW BOARD BUILDING CODE BOARD OF APPEALS KODIAK ISLAND BOROUGH DIRECTOR, DAVID CONRAD 486-9357 dconrad@kodiakak.us PROJ. MGR./INSPECTOR, MATT GANDEL 486-9211 mgandel@kodiakak.us ENGINEERING & FACILITIES DEPARTMENT PROJECTS OFFICE 720 EGAN WAY STAFF: NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Jerrol Friend (Chair) 1950 Mill Bay Rd. Kodiak, AK 99615 2023 (907) 539-1975 (907) 486-3908 (907) 539-1975 jerrol@friendcontractors.com Jascha Zbitnoff (Vice Chair) PO Box 9012 Kodiak, AK 99615 2022 None None (907) 942-3215 jascha@brechan.com Cliff Ford 1250 Beaver Way Kodiak, AK 99615 2021 (907) 486-5353 None (907) 539-5342 clifff@acsalaska.net Jon Melin 2011 Mill Bay Road #2 Kodiak, AK 99615 2021 None None (907) 539-1589 Jon.premier@alaska.net Tyler Swanson 473 Curley Way Kodiak, AK 99615 2023 (907) 481-1636 (907) 654-9643 swansonconstruction- services@gmail.com VACANT 2022 VACANT 2023 NON-VOTING EX OFFICIOS KIB Representatives Aimee Williams Manager, Michael Powers Mayor, William Roberts (808) 397-1059 (907) 486-9301 (907) 512 0762 None (808) 397-1059 907) 486-9301 (907) 512 0762 Aimee.williams@kibassembly. org School Board Representative VACANT OR Duncan Fields PO Box 25 Kodiak, AK 99615 (907) 486-6393 (907) 486-8835 (907) 317-5959 dfields8925@gmail.com This board is governed by Kodiak Island Borough Code 2.125 and 15.45.010 AGENDA ITEM #13.D.2. Confirmation Of Mayoral Appointment To Architectural/Engineering Review ...Page 47 of 70 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 2, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Assembly Appointment Of Mr. Scott Arndt To The Joint Cooperative Relations Committee. ORIGINATOR: Borough Mayor, Bill Roberts RECOMMENDATION: Move to appoint Assembly Member Scott Arndt to the Cooperative Relations Committee, filling the seat left vacant by Ms. Julie Kavanaugh. Staff Report Assembly Discussion Roll Call Vote DISCUSSION: The Joint Cooperative Relations Committee has two Borough Assembly representative seats. Ms. Kavanaugh resigned her seat on the assembly effective September 3, 2021. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIB Code Chapter 2.10 Appointment Of Officers, Commissions, And Committees 2.10.010 Appointment of officers. The manager, administrative official, clerk, and attorney shall be appointed by the assembly. All other officers and employees will be appointed by the manager except that the director of finance shall also be confirmed by the assembly as provided in KIBC 2.70.010. Officers serve at the pleasure of the appointing authority. AGENDA ITEM #13.D.3. Assembly Appointment Of Mr. Scott Arndt To The Joint Cooperative Relatio...Page 48 of 70 Kodiak Island Borough Code Chapter 2.10 APPOINTMENT OF OFFICERS, COMMISSIONS, AND COMMITTEES Page 1/1 The Kodiak Island Borough Code is current through Ordinance 2021-34, and legislation passed through March 18, 2021. Chapter 2.10 APPOINTMENT OF OFFICERS, COMMISSIONS, AND COMMITTEES Sections: 2.10.010 Appointment of officers. 2.10.030 Compensation for regulatory quasi-judicial boards and commissions. 2.10.010 Appointment of officers. The manager, administrative official, clerk, and attorney shall be appointed by the assembly. All other officers and employees will be appointed by the manager except that the director of finance shall also be confirmed by the assembly as provided in KIBC 2.70.010. Officers serve at the pleasure of the appointing authority. [Ord. 98-02 §2, 1998; Ord. 90-37 §2, 1990; Ord. 84-61-O §4, 1984; Ord. 82-02-O, 1982; Ord. 81-06-O, 1981; Ord. 79-11-O, 1979; Ord. 77-1-O, 1977]. 2.10.030 Compensation for regulatory and quasi-judicial boards and commissions. A. Members of regulatory and quasi-judicial boards and commissions shall receive compensation in the amount of $100.00 per meeting attended, with the exception of the planning and zoning commission, which shall receive $200.00 per month. Work sessions are not considered for compensation. B. Regulatory and quasi-judicial boards and commissions include the planning and zoning commission, the board of equalization, and such others as the assembly may designate by ordinance. [Ord. FY2008-04 §2, 2007; Ord. 82-17-O, 1982; Ord. 78-23-O, 1978]. AGENDA ITEM #13.D.3. Assembly Appointment Of Mr. Scott Arndt To The Joint Cooperative Relatio...Page 49 of 70 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 2, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Assembly Appointment Of Ms. Aimee Williams To The Southwest Alaska Municipal Conference Seat. ORIGINATOR: Borough Mayor, Bill Roberts RECOMMENDATION: Move to appoint Assembly Member Aimee Williams To The Southwest Alaska Municipal Conference Seat, left vacant by the resignation of Ms. Julie Kavanaugh. Staff Report Assembly Discussion DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIB Code Chapter 2.10 Appointment Of Officers, Commissions, And Committees 2.10.010 Appointment of officers. The manager, administrative official, clerk, and attorney shall be appointed by the assembly. All other officers and employees will be appointed by the manager except that the director of finance shall also be confirmed by the assembly as provided in KIBC 2.70.010. Officers serve at the pleasure of the appointing authority. AGENDA ITEM #13.D.4. Assembly Appointment Of Ms. Aimee Williams To The Southwest Alaska Munic...Page 50 of 70 About » https://swamc.org/about/[9/1/2021 1:26:19 PM] ABOUT The Southwest Alaska Municipal Conference (SWAMC) is a non-profit regional economic development organization for Southwest Alaska. SWAMC serves three subregions of Southwest Alaska: the Aleutian/Pribilofs, Bristol Bay, and Kodiak. SWAMC was formed out of the common interests of the region encompassing the Aleutians East Borough, the Aleutians West Census Area, the Bristol Bay Borough, the Dillingham Census Area, the Kodiak Island Borough, and the Lake & Peninsula Borough. In 1988, municipal leaders from the region forged a partnership to advocate for the needs of rural communities and the responsible development of the region’s core economic sector – commercial seafood harvesting and processing. MISSION SWAMC is a regional membership organization that advances the collective interests of Southwest Alaska people, businesses, and communities. SWAMC helps promote economic opportunities to improve quality of life and influences long-term responsible development.   AGENDA ITEM #13.D.4. Assembly Appointment Of Ms. Aimee Williams To The Southwest Alaska Munic...Page 51 of 70 About » https://swamc.org/about/[9/1/2021 1:26:19 PM] ORGANIZATION The Southwest Alaska Municipal Conference was incorporated in January 1988 and received 501(c)4 nonprofit status from the IRS. In 1989, SWAMC received certification as an ARDOR from the State of Alaska. As a member of the State of Alaska’s Regional Development Organization (ARDOR) Program, SWAMC uses regional development strategies, local knowledge, and coordination to champion economic development projects and planning for Southwest Alaska communities. SWAMC was designated an Economic Development District (EDD) in 1991. As an EDD, SWAMC compiles a tri-annual Comprehensive Economic Development Strategy (CEDS) for the Southwest region and provides funding partnerships for community development projects. ECONOMIC DEVELOPMENT DESIGNATIONS The Southwest Alaska Municipal Conference (SWAMC) holds several State and Federal economic development designations. These designations include: AGENDA ITEM #13.D.4. Assembly Appointment Of Ms. Aimee Williams To The Southwest Alaska Munic...Page 52 of 70 About » https://swamc.org/about/[9/1/2021 1:26:19 PM] SOUTHWEST ALASKA MUNICIPAL CONFERENCE Economic Development & Advocacy for Southwest Alaska ADDRESS: 3300 ARCTIC BLVD, STE. 203, ANCHORAGE, ALASKA 99503 Alaska Regional Development Organization (ARDOR) The State of Alaska Department of Commerce, Community and Economic Development certified SWAMC as an ARDOR in 1989. Click to read SWAMC’s most recent ARDOR Annual Report provided to the Alaska Legislature. Economic Development District (EDD) The U.S. Department of Commerce Economic Development Administration (EDA) recognized SWAMC as an Economic Development District in 1992. Click to read SWAMC’s Comprehensive Economic Development Strategy, developed through EDA funding. FY2020 ARDOR Report FY2020-2024 CEDS Report AGENDA ITEM #13.D.4. Assembly Appointment Of Ms. Aimee Williams To The Southwest Alaska Munic...Page 53 of 70 About » https://swamc.org/about/[9/1/2021 1:26:19 PM] EMAIL: ADMIN@SWAMC.ORG PHONE: 907.562.7380 FAX: 888.356.1206 Website made by OTC Web Design in Girdwood, Alaska. AGENDA ITEM #13.D.4. Assembly Appointment Of Ms. Aimee Williams To The Southwest Alaska Munic...Page 54 of 70 Kodiak Island Borough Code Chapter 2.10 APPOINTMENT OF OFFICERS, COMMISSIONS, AND COMMITTEES Page 1/1 The Kodiak Island Borough Code is current through Ordinance 2021-34, and legislation passed through March 18, 2021. Chapter 2.10 APPOINTMENT OF OFFICERS, COMMISSIONS, AND COMMITTEES Sections: 2.10.010 Appointment of officers. 2.10.030 Compensation for regulatory quasi-judicial boards and commissions. 2.10.010 Appointment of officers. The manager, administrative official, clerk, and attorney shall be appointed by the assembly. All other officers and employees will be appointed by the manager except that the director of finance shall also be confirmed by the assembly as provided in KIBC 2.70.010. Officers serve at the pleasure of the appointing authority. [Ord. 98-02 §2, 1998; Ord. 90-37 §2, 1990; Ord. 84-61-O §4, 1984; Ord. 82-02-O, 1982; Ord. 81-06-O, 1981; Ord. 79-11-O, 1979; Ord. 77-1-O, 1977]. 2.10.030 Compensation for regulatory and quasi-judicial boards and commissions. A. Members of regulatory and quasi-judicial boards and commissions shall receive compensation in the amount of $100.00 per meeting attended, with the exception of the planning and zoning commission, which shall receive $200.00 per month. Work sessions are not considered for compensation. B. Regulatory and quasi-judicial boards and commissions include the planning and zoning commission, the board of equalization, and such others as the assembly may designate by ordinance. [Ord. FY2008-04 §2, 2007; Ord. 82-17-O, 1982; Ord. 78-23-O, 1978]. AGENDA ITEM #13.D.4. Assembly Appointment Of Ms. Aimee Williams To The Southwest Alaska Munic...Page 55 of 70 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 2, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Report / Discussion Of Manager Recruitment Transition Plan. ORIGINATOR: Borough Manager, Michael Powers RECOMMENDATION: Move to approve the recruitment package for a new Borough Manager. Staff Report - Special Projects, Meagan Christiansen Assembly Discussion Roll Call Vote DISCUSSION: This item has been updated to remove all items except for the recruitment package and draft timeline. Advertisements will be included in a separate item. ALTERNATIVES: take no action FISCAL IMPACT: Cost of advertising. OTHER INFORMATION: AGENDA ITEM #13.D.6. Report / Discussion Of Manager Recruitment Transition Plan.Page 56 of 70 Manager Recruitment July 2021 The Kodiak Island Borough is recruiting for the position of BOROUGH MANAGER AGENDA ITEM #13.D.6. Report / Discussion Of Manager Recruitment Transition Plan.Page 57 of 70 Manager Recruitment July 2021 The Kodiak Island Borough is accepting applications for the position of Manager. The Manager is appointed by and reports to the elected seven-member governing body, the Assembly, and serves as the chief administrative officer of the local government organization. JOB SUMMARY: As the chief administrative officer of the borough, the Manager is charged with upholding and enforcing the laws and ordinances of the borough; administering the policies of the borough; managing the budget of approximately $43M and capital improvement program; and supervising department heads, the Manager’s Office staff, and the day-to-day business of the borough. QUALIFICATIONS: • A bachelor’s degree in business administration, public administration or a closely related field f rom an accredited college or university. (A combination of education, training, and experience may be substituted for the required education when the applicant possesses a demonstrated ability.) • Proven and demonstrated executive-level management experience with a minimum of five years of experience. • Experience in and knowledge of labor relations and collective bargaining/contract negotiations. • The applicant should possess strong financial management abilities involving budget development and controls, taxation and financial forecasting, generation of sustainable revenue sources, and capital improvement programming and have excellent analytical skills. • Applicant must possess strong organizational and planning skills. • Commitment to a team approach in working with staff and the Assembly by communicating, sharing information readily, and participating in problem solving. • Ability to maintain an open and honest relationship with the elected body. Is forthright in words and actions but not adversarial. Accepts the decisions of the majority and carries them forward assertively. • Experience working within a diverse multicultural community is a plus. SALARY Salary will be based on qualifications and experience. BENEFITS: Group plan health insurance that includes medical, vision, prescription, and dental (the current employee contribution is $180.00 per month for single or family); paid holidays; sick leave; annual leave; retirement plan; deferred compensation plans; and company sponsored Life and Disability insurance. TO APPLY: Interested persons should provide a letter of interest and a resume showing complete education and job experience to the Human Resources Office at 710 Mill Bay Road, Kodiak, AK 99615 or by email to mchristiansen@kodiakak.us. Questions may be directed to the Human Resource Office, Meagan Christiansen at (907) 486-9303 or mchristiansen@kodiakak.us. The position is open until filled with the first application review date of ________________, 2021. Due to the high-profile nature of this position, applications are not considered confidential and are subject to public disclosure. AGENDA ITEM #13.D.6. Report / Discussion Of Manager Recruitment Transition Plan.Page 58 of 70 Borough Manager Page 1 of 3 8/2021 KODIAK ISLAND BOROUGH ──────────────────────────────────────────────────────────── JOB DESCRIPTION ──────────────────────────────────────────────────────────── Job Title: Borough Manager Department: Manager’s Office Supervisor: Borough Assembly Job Status: Exempt Job Summary: Serves as the chief administrative officer of the borough and reports to the assembly. Upholds and enforces borough laws and ordinances. Administers the policies of the assembly and borough. Manages the borough budget and capital improvement program. Supervises department directors and Manager’s Office staff. Must be a resident of the Kodiak Island Borough during term of contract. ESSENTIAL FUNCTIONS: No. Description of Essential Functions: 1. Acts as chief administrative officer for the borough, administers all borough affairs as mandated by law and ordinance, and represents borough as appropriate. Supervises the enforcement of borough ordinances. Oversees all functions of borough operations, except Borough Clerk and Borough Attorney, and establishes administrative policies for borough staff and operations. Coordinates government partnerships with City, federal, state, and other outside agencies. Carries out directives of the borough assembly. 2. Provides overall leadership to borough staff and promotes a strong service-oriented, customer relations approach by all borough employees in dealing with citizens and the business community. Ensures appropriate staffing levels to efficiently carry out borough operations, and holds staff accountable for the achieving goals and objectives. Coordinates programs and planning with department directors and makes any necessary recommendations to the assembly for changes in policy. Develops and implements staff training plans, conducts regular performance reviews to track progress and directs changes as needed. Appoints, suspends or removes borough employees and department directors, except as otherwise provided by statute and borough code. Administers any collective bargaining agreements and directly supervises manager’s office staff and department directors. Responsible for all personnel actions concerning borough employees. 3. Provides oversight of borough finances and adherence to the budget. Prepares the annual budget and capital improvement program for assembly action based on the assembly’s goals and objectives, and executes the budget and capital improvement program as adopted. Assures that assigned areas of responsibility are performing within budget through effective and efficient use of budgeted funds, personnel, materials, facilities and time. Reports to the assembly at the end of the fiscal year on the finances of the borough and administrative activities of the borough. Assures that assigned areas of responsibility are performing within budget through effective and efficient use of budgeted funds, personnel, materials, facilities and time. Monitors revenues and expenditures in assigned area to assure sound fiscal controls and performs cost control activities, and examines regularly the accounts, records, and operation of each borough department. Reviews the activities of the departments in relation to changing borough requirements and implements any needed AGENDA ITEM #13.D.6. Report / Discussion Of Manager Recruitment Transition Plan.Page 59 of 70 Borough Manager Page 2 of 3 8/2021 improvements. Reports to the assembly at the end of the fiscal year on the finances and administrative activities of the borough. 4. Reports to the assembly at all its regular meetings regarding issues raised in conducting of borough business and anticipated future issues. Prepares and submits to the assembly any reports as may be required by the assembly or as the manager may deem advisable to submit. Makes presentations to the assembly, councils, boards, commissions, civic groups and the general public. Communicates official plans, policies and procedures to staff and the general public. Tracks legislative changes and makes related recommendations to the assembly. Keeps the assembly and public fully advised on the financial condition and future needs of the borough and makes recommendations on borough affairs. Maintains dialogue with citizens, employees, elected officials and representatives from other public agencies to determine problems and provide information. 5. Provides leadership and direction to develop short and long-range plans. Gathers, interprets, and prepares data for studies, reports and recommendations. Coordinates department activities with other departments and agencies as needed. 6. Directs and supervises the administration, care and custody of all borough buildings and of all real and personal property of the borough, except as provided otherwise by statute; and the construction, maintenance and operation of all borough roads, bridges, drains, buildings, service districts and other public works. 7. Monitors and administers the performance of all contracts for services for the construction of buildings, facilities, equipment, and other property for the borough, including execution of change orders deemed to be necessary. 8. Prepares and makes available for public distribution an annual report on borough affairs. 9. Seeks external funding, including state, federal and private grants and contracts that would be beneficial to the borough. 10. Executes other powers or duties specified by statute or by the assembly. OTHER RESPONSIBILITIES: 1. Performs other job related duties as assigned. Supervisory Organization: Borough Assembly Manager Department Directors Department Employees AGENDA ITEM #13.D.6. Report / Discussion Of Manager Recruitment Transition Plan.Page 60 of 70 Borough Manager Page 3 of 3 8/2021 ──────────────────────────────────────────────────────────── MINIMUM REQUIREMENTS: Borough Manager ──────────────────────────────────────────────────────────── Education and Experience: (1) A bachelor’s degree in business administration, public administration or a closely related field from an accredited college or university; (2) proven and demonstrated executive-level management experience with a minimum of five (5) years of experience; (3) experience in and knowledge of labor relations and collective bargaining/contract negotiations. A combination of education, training, and experience may be substituted for the required education when the applicant possesses a demonstrated ability. Should possess strong financial management abilities involving budget development and controls, taxation and financial forecasting, generation of sustainable revenue sources, and capital improvement programming and have excellent analytical skills. Applicant must possess strong organizational and planning skills. Experience working within a diverse multicultural community is a plus. Knowledge and Skills: Knowledge of fundamental principles, practices, and policies of public administration and office management. Working knowledge of municipal finance and accounting practices; computer information systems; human resources; public works; community development; Alaska Statutes; and municipal law. Experience in preparing and administering budgets and ability to prepare and analyze comprehensive financial reports. Ability to remain current with changes in federal, state and local laws, regulations, ordinances and pending legislation affecting municipal operations. Ability to use considerable initiative and independent judgment in carrying out special and general assignments, with a minimum of supervision. Ability to establish and maintain effective working relations with management, public officials and the general public. Ability to convey ideas concisely and effectively in writing and in public speaking. Ability to provide oversight to the inspection of borough facilities, properties and departments. Ability to perceive and analyze problems, develop alternatives and make or recommend sound decisions. Ability to administer labor contracts. Ability to travel using air, water or vehicle transportation to out-of-town meetings and functions. Ability to attend frequent evening and weekend meetings. Must be bondable. AGENDA ITEM #13.D.6. Report / Discussion Of Manager Recruitment Transition Plan.Page 61 of 70 Kodiak Island Borough 2021/2022 Manager Recruitment Draft Timeline As of 8/31/21 Action Option 1 Option 2 Assembly approval of recruitment documents and advertising September 2 (RM) September 2 (RM) Begin advertisement of recruitment with 1st review deadline of four weeks September 13 December 13 Deadline for 1st review of applications (4 weeks) October 8 January 7 Distribute applications received through first review deadline to Assembly members for review and scoring October 11 January 10 Discuss additional questions to be asked of select applicants for narrowing down the finalists October 14 (WS) January 13 Assembly members to return rating sheets for tally October 14 (WS) January 13 Review application ratings summary and choose applicants to respond to additional questions October 19 Special Meeting January 18 Special Meeting Email additional questions to candidates October 20 January 19 Additional questions due from applicants October 31 January 30 Review additional question responses and determine candidates for (Zoom) interview. November 2 Special Meeting February 1 Special Meeting Interviews via Zoom November 8-12 February 7-11 Select finalists and schedule in-person interviews November 18 (RM) February 17 (RM) Conduct in-person interviews December 6-10 March 7-11 Discuss final candidates for Manager December 16 (RM) March 17 (RM) Negotiate contract with candidate December 20-31 March 18-25 Approve contract January 20 April 7 AGENDA ITEM #13.D.6. Report / Discussion Of Manager Recruitment Transition Plan.Page 62 of 70 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 2, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Discussion On Advertising Borough Manager Position. ORIGINATOR: Grant Writer/Special Projects Support, Meagan Christiansen RECOMMENDATION: Mayor Roberts to open the floor for discussion. A motion can be made at anytime. DISCUSSION: In order to adequately recruit for the foreseeable vacant Borough Manager position, advertisement of the recruitment should occur through vendors likely to reach candidates with the experience desired for the position. Please refer to the attached document(s) for discussion. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.D.7. Discussion On Advertising Borough Manager Position.Page 63 of 70 2021 Borough Manager Recruitment Advertising In 2015 KIB placed ads via the following: In-house Kodiak Daily Mirror Anchorage Daily News Alaska Municipal League ICMA (International City/County Management Association) NACO (National Association of Counties) Jobs Available 2021 Proposed Advertising Vendor Duration In-house Until filled KIB website Until filled Kodiak Daily Mirror 1 per week until filled Cost: ~$42 ea Recommend a simple ad referring applicant to KIB website for full information Anchorage Daily News Not recommended based on recent poor experience Alaska Municipal League Until filled Cost: ICMA Until filled Cost: NACO Until filled Cost: $200 per two weeks online; $7 per line printed ad LinkedIn Options based on cost: Basic posting is free, paid posts promote the job based on a pay-per-click budget set by employer AGENDA ITEM #13.D.7. Discussion On Advertising Borough Manager Position.Page 64 of 70 2015-2016 Manager Recruitment Advertising expense Date Vendor Amount Dec ICMA 445.50 Jan Jobs Availa 912.60 AML 150.00 KDM 168.00 Totals KDM 168.00 ICMA 895.50 KDM 924.00 AML 150.00 KDM 168.00 NACO 943.00 KDM 168.00 KDM 3,083.82 KDM 168.00 AND 667.00 NACO 400.00 Jobs Available 1,368.90 Feb Jobs Availa 456.30 7,108.22 KDM 616.00 AND 667.00 April KDM web 398.40 KDM 66.00 June NACO 543.00 ICMA 450.00 KDM 239.42 7,108.22 AGENDA ITEM #13.D.7. Discussion On Advertising Borough Manager Position.Page 65 of 70 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 2, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Evaluation Update Of The Manager's Evaluation. ORIGINATOR: RECOMMENDATION: First Motion: Move to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(g) for the discussion of a matter pertaining to personnel and KIBC 2.30.030(F)(1)(c) matters which may tend to prejudice the character or reputation of any person, specifically the Borough Manger. Assembly Discussion Roll Call Vote Second Motion: Move to invite the Mayor and Assembly into Executive Session as well as the Borough Attorney. Assembly Discussion Roll Call Vote DISCUSSION: Notice of the potential executive session has been provided to the person involved, and there has not yet been a request for the session to be held in open session. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIB Code Title 2 Administration and Personnel Chapter 2.30 Rules of the Assembly “F. Executive Sessions. The assembly may meet in executive session, at the call of the mayor, deputy presiding officer, or any four members of the assembly, only during a regular or special meeting, to privately discuss matters of confidential concern to the well-being of the borough government. 1. Upon adoption of a motion stating the purpose for an executive session the assembly in closed session may discuss: AGENDA ITEM #16.A. Evaluation Update Of The Manager's Evaluation.Page 66 of 70 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 2, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough c. Any matter which would tend to defame or prejudice the character or reputation of any person, except that the person may request a public discussion; … g. Matters pertaining to personnel.” AGENDA ITEM #16.A. Evaluation Update Of The Manager's Evaluation.Page 67 of 70 August 31,2021 Dear Mr.Powers, The Borough Assembly will hold an executive s e s s i o n onThursday,September2,2021toupdateyour evaluation. This subject qualifies for an executive sessi on asitisatopicofwhichtendstoprejudiceaperson’s reputation and character.Per Alaska Statute s a n d KIBC2.30.030(E)(1)(c),thebasisfortheexecutive session is to protect the reputation and charac ter ofthosewhomaybediscussed.Thisnoticeadvisesyou that you have the right to require that any of th e d i s c u s s i o n regardingyouNOToccurinexecutivesession. If you wish to request public discussion,pleas e no tif y mebynoononSeptember2,2021.Pleaseletme know if you have any questions. Sincerely, Kodiak Is la n d Boro ughOFFICEtheCLER K710Ba y Road Kodia k, 99615 Phone (907)486- 9310 Fax(907)486-9391 E-mail:c 1 e r k s Alis ', Kodiak Isla nd Bo rou gh Clerk 907-486- 9312arice@ kodiakak.us AGENDA ITEM #16.A.Evaluation Update Of The Manager's Evaluation.Page 68 of 70 WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES Date: July 6, 2021 Call to order: 5:33 pm Commissioners Present: Jason Chandler -Chair, Billy Ecret, Greg Egle-Vice Chair, Dave Heuman-Secretary. 1 vacant seat. Members excused; Dave Conrad and Chris Windnagle. Approval of agenda by unanimous vote. Approval of the minutes by unanimous roll call vote for the Regular Meeting of June 1, 2021 Contractor Comments ; Kevin Arndt. 1. Work in June; a. pot holes on S Russ Ck b. Topping and grading of Chiniak Dr, Womens Bay Dr, Lake Orbin Dr and Panamaroff Dr. c. BF Rd RAP. 2. Chairman's Report 1. Work Orders; a. Finish Topping and compaction b. Clean out guardrail by Lake Orbin c. Road Signs Old Business 1. Fire Service a. none 2. Road Service a. Mid. Bay Ditching comparison to happen in July b. Sgt Ck Entrance realignment: Flooded twice in June, still being discussed at Borough Engineering Level, pends update. AGENDA ITEM #18.A.1. Page 69 of 70 WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES 1. Fire Department - none 2. Road Service - none Board Member Comments BE; RAP on BF Rd is breaking up on the uphill approach to Otter Dr. Meeting adjourned at 6:24 pm Next meeting scheduled for August 3, 2021 IRPERSON 1I.'ll[NWIMM AGENDA ITEM #18.A.1. Page 70 of 70 m CD 0 o 0 0 � N N < o- 0 N (D �'m c m o m 3 7 n �. , 0 0 CD N O O O< ID CD N 3 w 0 CD < a) m c 2 N CD y O \ N. N o m 7 0 0 '^ C M N 3 2a N G NCD N 0 3 3 r 0 o m 'o I X N N wCD° � 7 T CL � a 7 a m � cr CD a I (D m CD o A N < CD (n N y CD C (D 0— (D o � � c 0 A A W r.. D c cn x O D �,..' 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The Next Regular Meeting Of The Borough Assembly Is Scheduled On September 16, 2021, At 6:30 p.m. At The Bayside Fire Hall. RECEIVED Presentation From Federal Lobbyist, Brad Gilman Of Robertson, Monagle & Eastaugh. APPROVED Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts And Polling Places. APPROVED Resolution No. FY2022-06 Designating Precincts, Where The Voter Turnout Was Less Than 100 Voters At The Last Regular Election, As Ballot By Mail Precincts. FAILED TO APPROVE A Letter Of Local Government Support To Name An Unnamed Waterfall "Kim Falls". CONFIRMED The Mayoral Appointment Of Mr. Tyler Andersen To The Architectural/Engineering Review Board Seat That Will Expire December 2023. CONFIRMED Appointment Of Assembly Member Scott Arndt To The Cooperative Relations Committee, Filling The Seat Left Vacant By The Resignation Of Ms. Julie Kavanaugh. CONFIRMED Appointment Of Assembly Member Aimee Williams To The Southwest Alaska Municipal Conference Seat, Left Vacant By The Resignation Of Ms. Julie Kavanaugh. FAILED TO DISCUSS Consideration Of Notice Of Expiration Of The Manager’s Contract. FAILED TO DISCUSS Report / Manager Recruitment Transition Plan. CONVENED INTO EXECUTIVE SESSION To Discuss The Manager's Evaluation Update Under The Authority Of KIBC. 2.30.030 (F)(1)(G) For The Discussion Of A Matter Pertaining To Personnel And KIBC 2.30.030(F)(1)(C) Matters Which May Tend To Prejudice The Character Or Reputation Of Any Person, Specifically The Borough Manger. INVITED The Mayor, The Assembly, And The Borough Attorney Via Zoom Into Executive Session. ANNOUNCED That The Borough Assembly Finds That It No Longer Wishes To Employ Michael Powers As Manager Of The Kodiak Island Borough And Chooses To Terminate His Employment Effective 8:00 A.M., September 3, 2021 And Authorize The Payment Of All Compensation He Is Entitled To Upon Termination As Provided For In Section 4(a) 1(a) Of His Employment Agreement.