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2021-11-04 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 E. Rezanof Drive Thursday, November 4, 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 Minutes - none 5. Citizens' Comments 1-907-486-3231 or Toll Free 1-855-492-9202 Agenda items not scheduled for public hearing and general comments. 6. Awards and Presentations 7. Committee Reports 8. Public Hearing 4 - 10 A. Ordinance No. FY2022-06 Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.030 Real And Personal Property Exempted From Taxation. Complete Binder For Ordinance No. FY2022-06 - Pdf 9. Borough Manager's Report 11 - 12 A. November 4, 2021 Borough Manager Report 10. Messages from the Borough Mayor 11. Consideration of Calendar - Unfinished Business Page 1 of 91 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 12. Consideration of Calendar - New Business A. Election Of The 2021-2022 Borough Assembly Deputy Presiding Officer. 12.A. Contracts 13 - 61 1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Network For Saltery Cove Trail System Access Improvements. Complete Binder For Contract No. FY2022-13 - Pdf 62 - 69 2. Contract No. FY2022-14 Memorandum Of Agreement Between The Kodiak Island Borough (KIB), Kodiak Community Healthcare Center (KCHC) And Providence Kodiak Island Medical Center (PKIMC) For The Purpose Of Applying For Grant Funding To Pay For The Analysis, Planning And Preparation Of Design Improvements To The Kodiak Island Hospital Complex. Complete Binder For Contract No. FY2022-14 - Pdf 12.B. Resolutions 70 - 83 1. Resolution No. FY2022-13 Approving A One-Year Extension Of The Borough Attorney Contract. (Keene & Currall, P.P.C.) Complete Binder For Resolution No. FY2022-13 - Pdf 12.C. Ordinances for introduction 12.D. Other items 84 - 86 1. Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees. Complete Binder For Mayoral Appointments - Pdf 87 - 91 2. Planning And Zoning Commission Case No. S22-001 Approval Of Vacate And Relocation Of Public Beach Access, Lot 11, Block 1, Pasagshak River 2nd Addition. Complete Binder For Planning and Zoning Commission Case No. S22-001 - Pdf 13. Citizens' Comments 1-907-486-3231 or Toll Free 1-855-492-9202 14. Assembly Member' Comments 15. Adjournment Page 2 of 91 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 16. Information materials 16.A. Minutes of other Meetings 16.B. Reports Page 3 of 91 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 4, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2022-06 Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.030 Real And Personal Property Exempted From Taxation. ORIGINATOR: Assessor, Seema Garoutte RECOMMENDATION: Move to adopt Ordinance No. FY2022-06 amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.030 Real And Personal Property Exempted From Taxation. Staff Report - Interim Borough Manager Dave Conrad Mayor Roberts to close the regular meeting and open the public hearing. Local number for public comment is 907-486-3231 or Toll Free at 1-855-492-9202. Public comments are restricted to the item on the floor and are limited to 3 minute s per speaker. Local number is 907-486-3231 or Toll Free at 1-855-492-9202 Mayor Roberts to close the public hearing and reconvene the regular meeting Assembly Discussion Roll Call Vote DISCUSSION: To correct deficiencies in current KIB Code brought to our attention by the Alaska Superior Courts, staff is recommending the changes brought forth in this ordinance. These changes will bring Section 3.35.030 more in line with Alaska State statues. Address the administrative review process, provide direction and definition for staff, the Borough Assembly, and the public. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #8.A. Ordinance No. FY2022-06 Amending Kodiak Island Borough Code Title 3 Reve...Page 4 of 91 Kodiak Island Borough, Alaska Ordinance No. FY2022-06 V2 Deletion – Red, Strikeout Page 1 of 3 Insertion – Bold, Blue, Underlined Introduced by: Borough Manager thru the Mayor 1 Version 2 Drafted by: Borough Assessor 2 Introduced on: 10/21/2021 3 Public Hearing Date: 11/04/2021 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2022-06 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 KODIAK ISLAND BOROUGH CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.35 11 REAL PROPERTY TAX, SECTION 3.35.030 REAL AND PERSONAL PROPERTY EXEMPTED 12 FROM TAXATION 13 14 WHEREAS, Kodiak Island Borough Code 3.35.030 provides Real and Personal Property 15 Exempted from Taxation; and 16 17 WHEREAS, this ordinance would bring this section more in line with Alaska Statutes; and 18 19 WHEREAS, this ordinance will address the administrative review process as outlined in the State 20 Assessor’s audit. State of Alaska Superior Courts Decision; and 21 22 WHEREAS, the Assembly desires to clarify that senior and disabled veteran property tax 23 exemption applications must be filed and reviewed by the assessor each year regardless of 24 whether there has been a change in ownership, residency or status. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that: 28 29 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 30 Kodiak Island Borough Code of Ordinances. 31 32 Section 2: That section 3.35.030 (D) and (E) of the Kodiak Island Borough Code of Ordinances 33 is amended to read as follows: 34 35 3.35.030 Real and personal property exempted from taxation. 36 37 … 38 39 D. In the event that a claimant fails to apply for a senior exemption as provided by AS 40 29.45.030(e) by January 15th of the assessment year for which the exemption is 41 sought, the borough assessor assembly for good cause shown may waive the 42 claimant’s failure to make timely application for the exemption for that year and if the 43 assembly finds good cause for the failure to make a timely filing the borough 44 AGENDA ITEM #8.A. Ordinance No. FY2022-06 Amending Kodiak Island Borough Code Title 3 Reve...Page 5 of 91 Kodiak Island Borough, Alaska Ordinance No. FY2022-06 V2 Deletion – Red, Strikeout Page 2 of 3 Insertion – Bold, Blue, Underlined assessor shall accept the application, as if timely filed, subject to the provisions 45 contained in AS 29.45.030(e). 46 47 48 1. A waiver may only be granted for the year in which an application is filed. A delay in 49 filing an application shall be presumed to lack good cause for the delay and 50 may be denied unless the assembly finds good cause for the delay as 51 defined in subsection (D)(2) of this section. 52 53 2. “Good cause” shall mean extraordinary circumstances beyond the control of the 54 applicant, including but not limited to a medical condition or disability, impaired mental 55 capacity, family emergency, death in the family, or similar serious condition or event that 56 substantially impaired the applicant’s ability to file a timely application. “Good cause” shall 57 not mean late filing due to the applicant’s inadvertence, oversight, or lack of knowledge 58 regarding the filing requirements or deadline, financial hardship, or failure to pick up or 59 read mail or to make arrangements for an appropriate and responsible person to pick up 60 or read mail. 61 62 E. Applications for Exemptions. The borough assessor shall grant or deny all applications 63 for exemptions, except for community purpose exemptions, which must be granted by the 64 borough assembly. 65 1. Strict Enforcement of Deadlines to File an Exemption Application and Annual 66 Certification. 67 a. Properties qualifying for an exemption under this section must be owned and in 68 use on January 1st of the applicable tax year. There shall be no proration of taxes 69 under this section. 70 b. Written application for real property exemptions under this section, including any 71 required supporting documentation, must be received by the assessor no later than 72 January 15th of the tax year in which the exemption is requested. 73 c. Once an exemption based upon the use of the property has been approved, the 74 assessor will review the subject property’s exempt status annually, and may require 75 the exempt party to provide annual certification that the exempt use of the property 76 remains consistent with the use described and approved in the original application. 77 Senior and disabled veteran exemptions must be reapplied for on or before 78 January 15 and reviewed by the assessor annually. 79 d. Reapplication for the exemption shall be required upon any change in the 80 ownership or use of the property, and shall meet the deadlines prescribed under this 81 chapter. 82 e. The deadline for filing an application for exemption, filing a reapplication if 83 necessary, requesting an administrative review from the assessor, and filing an 84 AGENDA ITEM #8.A. Ordinance No. FY2022-06 Amending Kodiak Island Borough Code Title 3 Reve...Page 6 of 91 Kodiak Island Borough, Alaska Ordinance No. FY2022-06 V2 Deletion – Red, Strikeout Page 3 of 3 Insertion – Bold, Blue, Underlined appeal to court shall be strictly enforced and shall not be waived except as provided 85 by subsection D of this section. 86 f. If the assessor determines that a property is not eligible for an exemption, all taxes, 87 penalty, and interest due for all tax years, beginning with the first year that the 88 property should have been subject to taxation, shall become due and owing. 89 g. No exemption shall be available under this section if, by the determination of the 90 assessor, the subject property has been conveyed to the applicant for the primary 91 purpose of obtaining the exemption. 92 … 93 94 95 Effective Date: This ordinance takes effect upon adoption. 96 97 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 98 THIS _________ DAY OF NOVEMBER 2021. 99 100 KODIAK ISLAND BOROUGH ATTEST: 101 102 103 ___________________________ ___________________________ 104 William Roberts, Mayor Alise Rice, Clerk 105 106 VOTES: 107 Ayes: 108 Notes: 109 AGENDA ITEM #8.A. Ordinance No. FY2022-06 Amending Kodiak Island Borough Code Title 3 Reve...Page 7 of 91 Kodiak Island Borough, Alaska Ordinance No. FY2022-06 Deletion – Red, Strikeout Page 1 of 3 Insertion – Bold, Blue, Underlined Introduced by: Borough Manager thru the Mayor 1 Original Drafted by: Borough Assessor 2 Introduced on: 10/21/2021 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2022-06 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 KODIAK ISLAND BOROUGH CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.35 11 REAL PROPERTY TAX, SECTION 3.35.030 REAL AND PERSONAL PROPERTY EXEMPTED 12 FROM TAXATION 13 14 WHEREAS, Kodiak Island Borough Code 3.35.030 provides Real and Personal Property 15 Exempted from Taxation; and 16 17 WHEREAS, this ordinance would bring this section more in line with Alaska Statutes; and 18 19 WHEREAS, this ordinance will address the administrative review process as outlined in the State 20 Assessor’s audit. State of Alaska Superior Courts Decision; and 21 22 WHEREAS, the Assembly desires to clarify that senior and disabled veteran property tax 23 exemption applications must be filed and reviewed by the assessor each year regardless of 24 whether there has been a change in ownership, residency or status. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that: 28 29 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 30 Kodiak Island Borough Code of Ordinances. 31 32 Section 2: That section 3.35.030 (D) and (E) of the Kodiak Island Borough Code of Ordinances 33 is amended to read as follows: 34 35 3.35.030 Real and personal property exempted from taxation. 36 37 … 38 39 D. In the event that a claimant fails to apply for a senior exemption as provided by AS 40 29.45.030(e) by January 15th of the assessment year for which the exemption is 41 sought, the borough assessor assembly for good cause shown may waive the 42 claimant’s failure to make timely application for the exemption for that year and if the 43 assembly finds good cause for the failure to make a timely filing the borough 44 AGENDA ITEM #8.A. Ordinance No. FY2022-06 Amending Kodiak Island Borough Code Title 3 Reve...Page 8 of 91 Kodiak Island Borough, Alaska Ordinance No. FY2022-06 Deletion – Red, Strikeout Page 2 of 3 Insertion – Bold, Blue, Underlined assessor shall accept the application, as if timely filed, subject to the provisions 45 contained in AS 29.45.030(e). 46 47 48 1. A waiver may only be granted for the year in which an application is filed. A delay in 49 filling an application shall be presumed to lack good cause for the delay and 50 may be denied unless the assembly finds good cause for the delay as 51 defined in subsection (D)(2) of this section. 52 53 2. “Good cause” shall mean extraordinary circumstances beyond the control of the 54 applicant, including but not limited to a medical condition or disability, impaired mental 55 capacity, family emergency, death in the family, or similar serious condition or event that 56 substantially impaired the applicant’s ability to file a timely application. “Good cause” shall 57 not mean late filing due to the applicant’s inadvertence, oversight, or lack of knowledge 58 regarding the filing requirements or deadline, financial hardship, or failure to pick up or 59 read mail or to make arrangements for an appropriate and responsible person to pick up 60 or read mail. 61 62 E. Applications for Exemptions. The borough assessor shall grant or deny all applications 63 for exemptions, except for community purpose exemptions, which must be granted by the 64 borough assembly. 65 1. Strict Enforcement of Deadlines to File an Exemption Application and Annual 66 Certification. 67 a. Properties qualifying for an exemption under this section must be owned and in 68 use on January 1st of the applicable tax year. There shall be no proration of taxes 69 under this section. 70 b. Written application for real property exemptions under this section, including any 71 required supporting documentation, must be received by the assessor no later than 72 January 15th of the tax year in which the exemption is requested. 73 c. Once an exemption based upon the use of the property has been approved, the 74 assessor will review the subject property’s exempt status annually, and may require 75 the exempt party to provide annual certification that the exempt use of the property 76 remains consistent with the use described and approved in the original application. 77 Senior and disabled veteran exemptions must be reapplied for and reviewed by 78 the assessor annually. 79 d. Reapplication for the exemption shall be required upon any change in the 80 ownership or use of the property, and shall meet the deadlines prescribed under this 81 chapter. 82 e. The deadline for filing an application for exemption, filing a reapplication if 83 necessary, requesting an administrative review from the assessor, and filing an 84 AGENDA ITEM #8.A. Ordinance No. FY2022-06 Amending Kodiak Island Borough Code Title 3 Reve...Page 9 of 91 Kodiak Island Borough, Alaska Ordinance No. FY2022-06 Deletion – Red, Strikeout Page 3 of 3 Insertion – Bold, Blue, Underlined appeal to court shall be strictly enforced and shall not be waived except as provided 85 by subsection D of this section. 86 f. If the assessor determines that a property is not eligible for an exemption, all taxes, 87 penalty, and interest due for all tax years, beginning with the first year that the 88 property should have been subject to taxation, shall become due and owing. 89 g. No exemption shall be available under this section if, by the determination of the 90 assessor, the subject property has been conveyed to the applicant for the primary 91 purpose of obtaining the exemption. 92 … 93 94 95 Effective Date: This ordinance takes effect upon adoption. 96 97 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 98 THIS _________ DAY OF NOVEMBER 2021. 99 100 KODIAK ISLAND BOROUGH ATTEST: 101 102 103 ___________________________ ___________________________ 104 William Roberts, Mayor Alise Rice, Clerk 105 106 VOTES: 107 Ayes: 108 Notes: 109 AGENDA ITEM #8.A. Ordinance No. FY2022-06 Amending Kodiak Island Borough Code Title 3 Reve...Page 10 of 91 Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 Fax (907) 486-9390 TO: Kodiak Island Borough Assembly, Mayor Roberts FROM: David Conrad, Interim Borough Manager RE: Managers Report, November 4, 2021 Local Emergency Planning Committee LEPC - October 27 – Revised By-Laws as discussed October 16, 2020. Changes to the by-laws were reviewed, discussed, and accepted. Chair informed committee that there is an effort to request refunding of the LEPC’s by the State of Alaska as it is a federal requirement therefore required by the state. Unfunded mandate. Next meeting February 9, 2022. COK/KIB Cooperative Relations Committee – Participated in this meeting. Anticipate additional discussion and clarification from the designated assembly representatives regarding the scope of work soon. Clarifications and definitions will be changed associated with the joint MOA for the installation of the Portland Loo’s. (Commercial Passenger Vessel Tax) KFRC Chlorination System – Meetings with GSA are continuing. Staff has provided a tentative schedule for the tasks. Final design has been received and components are being ordered. Requirement to install and verify function by January 2022. ARPA Funding – Staff is working with the Treasury Department to set up required staff functions for reporting. Due dates for reports have been pushed until the end of November due to website issues. Staff is recommending and approval of the MOA before the body tonight. The MOA with KCHC, PKIMC and the KIB has been prepared to allow the joint pursuit for the analysis, planning and design for facility enhancements based on the anticipated community need. These evaluation projects will establish the necessities for the Kodiak community’s potential future medical requirements. The funding discussion will be finalized in a future session that assigns the ARPA funds to community projects. AGENDA ITEM #9.A. Page 11 of 91 Saltery Cove – MOU with Island Trails is before you tonight for consideration and approval. Island Trails Network was not a signer in the original agreement with the State of Alaska. This agreement ensures that the relationship between the KIB and ITN is documented. KIBSD – Joint meeting was held last week. Staff is focusing on the Chiniak School Water Supply situation and the repair of the Main Elementary Roof. A statement of work will be developed to allow for a repair as soon as possible on this facility. Solid Waste – Alaska Waste and the KIB have returned to the regularly scheduled meetings to jointly approach the adaptations and possible changes required to improve services to the Solid Waste Contract as it relates to the rate payers, contractor, and operation of the enterprise fund. USDA Grant / Loan Application – Submitted and review has begun. Additional information is being requested by the USDA. After this review the applications and required documents, plans and administrative documents will be considered for award based on community needs. State Revolving Funds Loans – The loan application period is currently open until November 30, 2021. At this time the staff is recommending waiting for application until the USDA process has been completed. Projects – Three open bids are on the street currently. The Borough and Maintenance Building Mechanical Upgrades, PKIMC Day Tank Replacement and KFRC Fume Exhaust Upgrade. Site visits have been conducted. All close 11/16/2021. Staff anticipates the NorthStar Elementary School Phase II Siding Project final design documents prior to the end of November. Upcoming Items – Communications from the state lobbyist Mark Hickey have been provided as well as an update today regarding the Oil Price Change Impact on State Revenues. These will all be discussed at the November 9th Work Session. KFRC Capital Project and Maintenance Management Discussion, Annual Service Contracts Update and discussion, Service Area Contracts, Personnel Manual Review, and request for update, KIB passenger and light vehicle condition list and required replacement, presentation regarding the change of the investment strategies of the KIB, Solid Waste Contract updates and request for modifications. AGENDA ITEM #9.A. Page 12 of 91 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 4, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Network For Saltery Cove Trail System Access Improvements. ORIGINATOR: Project Manager/Inspector, Matt Gandel RECOMMENDATION: Move to authorize the Interim Acting Borough Manager to execute Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Network For Saltery Cove Trail System Access Improvements. Staff Report - Interim Acting Borough Manager, Dave Conrad Assembly Discussion Roll Call Vote DISCUSSION: In June 2020 the Borough Assembly adopted Resolution No. FY2020 -33 accepting a grant from the Alaska Department of Fish and Game (ADF&G) for the acquisition of State easements and trail improvements on Saltery Cove Trail. The scope of the project includes trail improvements for the southern half of the Saltery Cove Trail, the Lake Miam Spur, and an unnamed trail from Saltery Cove to Saltery Lake. The work will be completed in phases and is expected to take 3-4 years. Following adoption of the resolution the Borough Manager signed a Cooperative Agreement with ADF&G in August 2020 outlining the terms and responsibilities of the various parties involved in the project. While not a signatory to the cooperative agreement, Island Trails Network (ITN) is named in the agreement and will be obtaining easements in the Borough’s name for portions of the trail and performing the trail improvements, as well as providing $20,000 in cash and a $100,640 in -kind match to the project. This Memorandum of Understanding will fo rmalize the responsibilities for both the Borough and Island Trail Network. ALTERNATIVES: FISCAL IMPACT: KIB fiscal impact for this project will mainly be administering the grant and processing invoices from Island Trail Network and to ADF&G for reimbu rsement. While there was not a specific amount set aside for the Borough time in the Cooperative Agreement, the MOU includes language allowing the Borough to get reimbursed for up to $7,000 in staff time. AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 13 of 91 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 4, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough OTHER INFORMATION: AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 14 of 91 Contract No. FY2022-13 Page 1 of 4 Memorandum of Understanding Saltery Cove Trail System Access Improvements This Memorandum of Understanding (MOU) is entered into and effective ____________, 2021, between the Kodiak Island Borough (KIB) and Island Trails Network (ITN), collectively the “Parties”, for the purpose of performing improvements to the Saltery Cove Trail System and administering grant funds received from the Alaska Department of Fish and Game (ADF&G) Hunter Access Program per Cooperative Agreement #21-017 between KIB and ADF&G. RECITALS A. Whereas, the purpose of this MOU is to summarize the duties and responsibilities of all the Parties involved in a cooperative effort to improve the Saltery Cove Trail System; and B. Whereas, the KIB is the recipient of $361,918 in grant funds from the United States Fish and Wildlife Service administered through ADF&G; and C. Whereas, per Cooperative Agreement #21-017 between KIB and ADF&G, ITN has agreed to provide both cash and in-kind matches for the project; and D. Whereas, ITN will be working with the Alaska Department of Natural Resources (ADNR) to obtain necessary easements in KIB’s name, and E. Whereas, ITN will be providing labor and equipment to perform trail improvements; and F. Whereas, KIB will provide administration of the grant and will invoice ADF&G as necessary for reimbursement of grant funds; and Therefore, the Parties agree as follows: 1. The Parties shall comply with the covenants detailed in Cooperative Agreement #21-017, as assigned to each party. 2. KIB will provide ITN the necessary authorization to work with ADNR to obtain easements necessary for successful completion of the project. The easements will be held in KIB’s name. 3. ITN will provide $20,000 cash and $100,640 in-kind matches for this project as per Table 3 of the Cooperative Agreement. 4. KIB will reimburse ITN for direct and indirect expenses related to the project as per Table 2 of the Cooperative Agreement. 5. ITN will provide the necessary documentation on project progress and match expenses for KIB to invoice and provide reporting to ADF&G. AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 15 of 91 Contract No. FY2022-13 Page 2 of 4 6. The parties agree that while there was no specific amount set aside for KIB administrative expenses in the Cooperative Agreement, KIB will be able to reserve no greater than ten percent of the $70,000 budgeted for staff time as reimbursement for administrative expenses, including grant administration, processing of invoices, and project meetings and inspections. 7. This MOU shall continue for a period of five years from the Effective Date set forth above, and may be renewed, extended or amended upon approval of the Parties. Date: ____________ By: _________________________________ David Conrad, Interim Borough Manager Kodiak Island Borough Date:____________ By: _________________________________ Andy Schroeder, Executive Director Island Trails Network Attest: By: _________________________________ Alise Rice, Kodiak Island Borough Clerk ACKNOWLEDGMENTS ON FOLLOWING PAGE AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 16 of 91 Contract No. FY2022-13 Page 3 of 4 BOROUGH ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ____________, 2021, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared David Conrad to me known to be the Interim Borough Manager of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. _____________________________ Notary Public for Alaska My Commission Expires: _________ STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ____________, 2021, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Alise Rice to me known to be the Borough Clerk of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that she was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. _____________________________ Notary Public for Alaska My Commission Expires: _________ AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 17 of 91 Contract No. FY2022-13 Page 4 of 4 ISLAND TRAILS NETWORK ACKNOWLEDGMENT STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ____________ 2021, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Andy Schroeder to me known to be the Executive Director of the Island Trails Network, which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of the District; who acknowledged to me that he signed the same freely and voluntarily on behalf of the District for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. _____________________________ Notary Public for Alaska My Commission Expires: _________ AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 18 of 91 AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 19 of 91 AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 20 of 91 AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 21 of 91 AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 22 of 91 AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 23 of 91 AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 24 of 91 AGENDA ITEM #12.A.1. 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Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 34 of 91 AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 35 of 91 AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 36 of 91 AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 37 of 91 AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 38 of 91 9/1/2020 AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 39 of 91 AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 40 of 91 AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 41 of 91 AGENDA ITEM #12.A.1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 42 of 91 AGENDA ITEM #12.A.1. 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Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Ne...Page 61 of 91 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 4, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2022-14 Memorandum Of Agreement Between The Kodiak Island Borough (KIB), Kodiak Community Healthcare Center (KCHC) And Providence Kodiak Island Medical Center (PKIMC) For The Purpose Of Applying For Grant Funding To Pay For The Analysis, Planning And Preparation Of Design Improvements To The Kodiak Island Hospital Complex. ORIGINATOR: Engineering and Facilities Director, Dave Conrad RECOMMENDATION: Move to approve Contract No. FY2022-14 Memorandum of Agreement Between the Kodiak Island Borough, Kodiak Community Healthcare Center, and Providence Kodiak Island Medical Center for the purpose of applying for grant funding to pay for the analysis, planning, and preparation of design improvements to the Kodiak Island Hospital Complex. Staff Report - Interim Borough Manager, Dave Conrad Assembly Discussion Roll Call Vote DISCUSSION: ALTERNATIVES: Do not approve MOA. FISCAL IMPACT: Staff is recommending that $300,000 of the American Rescue Plan Act (ARPA) funds be appropriated to this effort. OTHER INFORMATION: AGENDA ITEM #12.A.2. Contract No. FY2022-14 Memorandum Of Agreement Between The Kodiak Island...Page 62 of 91 MEMORANDUM OF UNDERSTANDING Page 1 of 6 S\Kodiak Island Borough (20.230.A) Manager\Providence Capital Projects 2021\Memorandum of Understanding Memorandum of Understanding Kodiak Island Medical Center Improvements This Memorandum of Understanding (MOU) is entered into and effective ________________________________, 2021, between the Kodiak Island Borough (KIB), Providence Kodiak Island Medical Center (PKIMC), and Kodiak Community Healthcare Center (KCHC) collectively the “Parties”, for the purpose of applying for grant funding to pay for the analysis, planning and preparation of design improvements to the Kodiak Island Hospital Complex and its current medical lessees. RECITALS A.Whereas, the purpose of this MOU is to summarize the duties and responsibilities of all the Parties involved in a cooperative effort to analyze, plan and design improvements to the KIB owned health care facilities; and B.Whereas, this effort is being performed to update and improve the current healthcare facilities and disciplines for the community of Kodiak; and C.Whereas, the KIB is the recipient of American Rescue Plan Act (ARPA) funds which may be used for purposes consistent with the ARPA program guidelines, which may include qualifying health care related improvements; and D.Whereas, KCHC is the recipient of ARPA funds which may be used for purposes consistent with the ARPA program guidelines; and E.Whereas, PKIMC and KCHC lease health care facilities from KIB; and F.Whereas, KIB as the facility owner recognizes the need to support both KCHC and PKIMC in their efforts to request funding from granting agencies and organizations and will commit to performing similar funding requests to assist in the funding of this effort; and G.Whereas, the Parties desire to cooperate in the identification, design, and construction of improvements to the healthcare facilities in Kodiak in order to improve delivery of health care services to the community and to avoid duplication of efforts; and H.Whereas, the Parties believe that this joint effort will help define the architectural and programmatic requirements changes for the Kodiak Island Hospital Complex for the next twenty years; and, I.Whereas, KIB currently has an architectural firm retained which can provide services in furtherance of the objectives of this MOU where permitted by the funding sources. Therefore, the Parties agree as follows: 1.The Parties agree to cooperate in the development of a guidance document and preliminary design for modifications to the KIB owned Kodiak Island Hospital Complex that will Contract FY2022-14 AGENDA ITEM #12.A.2. Contract No. FY2022-14 Memorandum Of Agreement Between The Kodiak Island...Page 63 of 91 MEMORANDUM OF UNDERSTANDING Page 2 of 6 S\Kodiak Island Borough (20.230.A) Manager\Providence Capital Projects 2021\Memorandum of Understanding act as a guiding document for the Kodiak community’s health care requirements for the long-term future. 2. Each of the Parties agree and commit to perform the required analysis and projections based on professional experience with the ever-changing health care environment as tailored to the Kodiak demographic and medical assessment needs. 3. Development of initial design analysis by PKIMC and KCHC shall be at their own expense and may be performed by separate design professionals or by the firm under contract with the Borough if permissible by ARPA rules or other applicable grant funding conditions. Funding for design services is intended to be included as part of the overall project costs funded from the available grant sources and allocated based upon the agreed upon project budget. 4. PKIMC and KCHC shall independently analyze their respective services to include space, equipment, and programmatic changes. The initial design analysis and parameters will be shared with KIB who will coordinate with the architects and engineers with whom KIB currently has contractual relationships. 5. The design and programmatic alterations evaluated will be based on and forecasted from anticipation of the communities’ future medical needs. Additional guidance and lessons learned during the current pandemic period will be a major influence. 6. The KIB will develop incremental design concept drawings which will be reviewed by each of the Parties and will be approved by KIB at the normal percentages of completion with input from PKIMC and KCHC. Specifications and final drawings will be produced when all Parties agree after the 70% design and concept drawings are produced. 7. The Parties will cooperate and coordinate in seeking funding sources for the identified improvements and in accomplishing the desired modifications. 8. This MOU shall continue for a period of three years from the Effective Date set forth above, and may be renewed, extended, or amended upon written approval of the Parties. 9. The Parties agree to keep all discussions, documents, and work product in connection with this MOU confidential to the extent legally permissible consistent with the Borough’s obligation to keep the Mayor and Assembly informed and to comply with applicable open meetings and public records laws. 10. Any Party may terminate this MOU by providing the other Parties with at least thirty days advance written notice. 11. Each party shall comply with all federal, state and local laws, regulations, executive orders, federal guidance and ordinances applicable to such party in connection with this MOU. AGENDA ITEM #12.A.2. Contract No. FY2022-14 Memorandum Of Agreement Between The Kodiak Island...Page 64 of 91 MEMORANDUM OF UNDERSTANDING Page 3 of 6 S\Kodiak Island Borough (20.230.A) Manager\Providence Capital Projects 2021\Memorandum of Understanding AGREEMENT SIGNATURES OF ALL PARTIES Date: ____________ By: _________________________________ David Conrad, Interim Borough Manager Kodiak Island Borough Date:____________ By: _________________________________ Name, Title ______________________ Providence Kodiak Island Medical Center Date:____________ By: _________________________________ Name, Title _______________________ Kodiak Community Healthcare Center Attest: By: _________________________________ Alise Rice, Kodiak Island Borough Clerk AGENDA ITEM #12.A.2. Contract No. FY2022-14 Memorandum Of Agreement Between The Kodiak Island...Page 65 of 91 MEMORANDUM OF UNDERSTANDING Page 4 of 6 S\Kodiak Island Borough (20.230.A) Manager\Providence Capital Projects 2021\Memorandum of Understanding NOTARIZED ACKNOWLEDGMENTS BOROUGH ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ________, 2021, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared David Conrad to me known to be the Interim Borough Manager of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. _____________________________ Notary Public for Alaska My Commission Expires: _________ STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ________, 2021, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Alise Rice to me known to be the Borough Clerk of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that she was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. _____________________________ Notary Public for Alaska My Commission Expires: _________ AGENDA ITEM #12.A.2. Contract No. FY2022-14 Memorandum Of Agreement Between The Kodiak Island...Page 66 of 91 MEMORANDUM OF UNDERSTANDING Page 5 of 6 S\Kodiak Island Borough (20.230.A) Manager\Providence Capital Projects 2021\Memorandum of Understanding KODIAK COMMUNITY HEALTH CENTER ACKNOWLEDGMENT STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ________ 2021, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared __________________ to me known to be the ____________ of the Kodiak Community Health Center, which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of the District; who acknowledged to me that he signed the same freely and voluntarily on behalf of the District for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. _____________________________ Notary Public for Alaska My Commission Expires: _________ AGENDA ITEM #12.A.2. Contract No. FY2022-14 Memorandum Of Agreement Between The Kodiak Island...Page 67 of 91 MEMORANDUM OF UNDERSTANDING Page 6 of 6 S\Kodiak Island Borough (20.230.A) Manager\Providence Capital Projects 2021\Memorandum of Understanding PROVIDENCE ACKNOWLEDGMENT STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ________ 2021, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared __________________ to me known to be the ____________ of the Providence Kodiak Island Medical Center, which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of the District; who acknowledged to me that he signed the same freely and voluntarily on behalf of the District for th e uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. _____________________________ Notary Public for Alaska My Commission Expires: _________ AGENDA ITEM #12.A.2. Contract No. FY2022-14 Memorandum Of Agreement Between The Kodiak Island...Page 68 of 91 Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 Fax (907) 486-9390 TO: Kodiak Island Borough Assembly, Mayor Roberts FROM: David Conrad, Interim Borough Manager RE: Memorandum of Agreement Contract #FY 2022-14 The purpose of this Memorandum of Agreement between the Kodiak Island Borough (KIB), Kodiak Community Healthcare Center (KCHC) and Providence Kodiak Island Medical Center (PKIMC), collectively the “Parties”, for the purpose of applying for grant funding to pay for the analysis, planning and preparation of design improvements to the Kodiak Island Hospital Complex and its current medical lessees. During the past several years, the health care needs, and requirement of providers has changed due to changes in the medical systems and pandemic related needs. As federal monies have become available for both governmental entities and health care providers. The before mentioned parties have come together to partner with each other to perform a planned, serious look at the changes anticipated regarding the health care needs and facilities that will be forecast to provide the services for the Kodiak Community. The KIB has applied for and received American Rescue Plan Act (ARPA) funds for the use in the community. The cost of analysis, planning and design for health care improvement is an acceptable expense. Staff is recommending consideration to allocate $300,000 to this effort. KCHC has applied for and received $300,000 and PKIMC has requested funding for this effort as well. Analysis, planning and design for facility enhancements will be based on projected community need. These evaluation projects will target and establish the medical provider necessities for the Kodiak community’s future medical requirements. This cooperative effort is anticipated by all the cooperators to act as the guidance document for facility repair, upgrade, and replacement of the existing facilities. Path forward decisions will directly affect targeted maintenance being discuss on an ongoing basis. AGENDA ITEM #12.A.2. Contract No. FY2022-14 Memorandum Of Agreement Between The Kodiak Island...Page 69 of 91 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 4, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2022-13 Approving A One-Year Extension Of The Borough Attorney Contract. (Keene & Currall, P.P.C.) ORIGINATOR: RECOMMENDATION: Move to approve Resolution No. FY2022-13 approving a one year extension with Keene & Currall, P.P.C., add authorize the interim manager to execute the extension. Staff Report - Interim Acting Borough Manager, Dave Conrad Assembly Discussion Roll Call Vote DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #12.B.1. Resolution No. FY2022-13 Approving A One-Year Extension Of The Borough A...Page 70 of 91 Originator: Finance Director Department: Finance Staff Report for Resolution No. FY2022‐13 UPDATE During the 10/28/21 work session there was discussion about extending the attorney contract with Keene & Currall for more than one year. Staff contacted Mr. Brandt-Erichsen and confirmed that he is agreeable to a one-, two- or three-year extension of the current contract at the current rates for attorney and paralegal services. Staff has included two additional versions of the resolution for the assembly’s consideration: Version 2 - Contains language changes necessary if the assembly wishes to extend the contract for two years. Version 3 - Contains language changes necessary if the assembly wishes to extend the contract for three years. ORIGINAL The current borough attorney contract with Keene & Currall, PPC (listing Scott Brandt- Erichsen as the appointed attorney) expires November 29, 2021. The contract includes an option to renew the contract for up to three additional one-year extensions at the assembly's discretion. The extension does not propose any rate increases and retains the current contract rates of $200/hour for attorney services and up to $75/hour for paralegal services. Staff is recommending the assembly approve the resolution and authorize the Interim Manager to execute the first one-year extension of the contract. . KIB Code Reference: 2.65.020 Procedure for appointment The assembly shall appoint the attorney by resolution. [Ord.87-10-O §2,1987. Formerly §2.24.020]. AGENDA ITEM #12.B.1. Resolution No. FY2022-13 Approving A One-Year Extension Of The Borough A...Page 71 of 91 Kodiak Island Borough, Alaska Resolution No. FY2022-13 Page 1 of 1 Introduced by: Interim Borough Manager thru the Mayor 1 Drafted by: Finance Director 2 Introduced on: 11/04/2021 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2022-13 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPROVING A 9 ONE-YEAR EXTENSION OF THE CONTRACT AND APPOINTING THE BOROUGH 10 ATTORNEY 11 12 WHEREAS, KIBC 2.65.020 states that the Assembly shall appoint the borough attorney by 13 resolution; and 14 15 WHEREAS, the current contract with Keene & Currall, PPC is for an initial three-year term which 16 expires November 29, 2021, and provides renewal for up to three additional one-year extensions 17 at the Assembly’s option; and 18 19 WHEREAS, the assembly desires to renew the contract for the first of the three one-year 20 extensions. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 23 BOROUGH that this resolution names Scott Brandt-Erichsen of Keene & Currall, PPC as borough 24 attorney. 25 26 BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: 27 the interim borough manager is hereby authorized to execute a one-year extension of the contract 28 with Keene & Currall, PPC. 29 30 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 31 THIS __________ DAY OF _______________, 2021. 32 33 KODIAK ISLAND BOROUGH 34 35 ATTEST: 36 ___________________________ 37 William Roberts, Mayor ___________________________ 38 Alise L Rice, Borough Clerk 39 40 VOTES: 41 Ayes: 42 Noes: 43 AGENDA ITEM #12.B.1. Resolution No. FY2022-13 Approving A One-Year Extension Of The Borough A...Page 72 of 91 Kodiak Island Borough, Alaska Resolution No. FY2022-13 Page 1 of 1 Introduced by: Interim Borough Manager thru the Mayor 1 Drafted by: Finance Director 2 Introduced on: 11/04/2021 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2022-13 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPROVING A 9 TWO-YEAR EXTENSION OF THE CONTRACT AND APPOINTING THE BOROUGH 10 ATTORNEY 11 12 WHEREAS, KIBC 2.65.020 states that the Assembly shall appoint the borough attorney by 13 resolution; and 14 15 WHEREAS, the current contract with Keene & Currall, PPC is for an initial three-year term which 16 expires November 29, 2021, and provides renewal for up to three additional one-year extensions 17 at the Assembly’s option; and 18 19 WHEREAS, the assembly desires to amend the contract to extend it for two years and retain 20 the option of extend it for the remaining third year. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 23 BOROUGH that this resolution names Scott Brandt-Erichsen of Keene & Currall, PPC as borough 24 attorney. 25 26 BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: 27 the interim borough manager is hereby authorized to execute a two-year extension of the contract 28 with Keene & Currall, PPC. 29 30 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 31 THIS __________ DAY OF _______________, 2021. 32 33 KODIAK ISLAND BOROUGH 34 35 ATTEST: 36 ___________________________ 37 William Roberts, Mayor ___________________________ 38 Alise L Rice, Borough Clerk 39 40 VOTES: 41 Ayes: 42 Noes: 43 VERSION 2 (Two-year extension) AGENDA ITEM #12.B.1. Resolution No. FY2022-13 Approving A One-Year Extension Of The Borough A...Page 73 of 91 Kodiak Island Borough, Alaska Resolution No. FY2022-13 Page 1 of 1 Introduced by: Interim Borough Manager thru the Mayor 1 Drafted by: Finance Director 2 Introduced on: 11/04/2021 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2022-13 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPROVING A 9 THREE-YEAR EXTENSION OF THE CONTRACT AND APPOINTING THE BOROUGH 10 ATTORNEY 11 12 WHEREAS, KIBC 2.65.020 states that the Assembly shall appoint the borough attorney by 13 resolution; and 14 15 WHEREAS, the current contract with Keene & Currall, PPC is for an initial three-year term which 16 expires November 29, 2021, and provides renewal for up to three additional one-year extensions 17 at the Assembly’s option; and 18 19 WHEREAS, the assembly desires to amend the contract to extend it for three years. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 22 BOROUGH that this resolution names Scott Brandt-Erichsen of Keene & Currall, PPC as borough 23 attorney. 24 25 BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: 26 the interim borough manager is hereby authorized to execute a three-year extension of the 27 contract with Keene & Currall, PPC. 28 29 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 30 THIS __________ DAY OF _______________, 2021. 31 32 KODIAK ISLAND BOROUGH 33 34 ATTEST: 35 ___________________________ 36 William Roberts, Mayor ___________________________ 37 Alise L Rice, Borough Clerk 38 39 VOTES: 40 Ayes: 41 Noes: 42 VERSION 3 (Three-year extension) AGENDA ITEM #12.B.1. Resolution No. FY2022-13 Approving A One-Year Extension Of The Borough A...Page 74 of 91 Contract for Professional Legal Services In consideration of the mutual promises herein, the KODIAK ISLAND BOROUGH and the law offices of KEENE & CURRALL (firm) agree as follows: A. Part 1, consisting of 14 sections of Special Provisions; B. Part 11, consisting of 1 l sections of General Provisions. Part I Special Provisions Section 1. Definitions. In this contract: A. "Manager" means the Manager of the Kodiak Island Borough. B. `Borough' means the Kodiak Island Borough. C. "Assembly" means the Kodiak Island Borough Assembly. Section 2. Scope of Services. A. The Borough Attorney shall act as legal advisor to the Borough Assembly, administration, and other officials of the Borough to include without limitation the following: 1) To duly advise the Assembly, administration, and other officials at meetings of the Assembly and at other functions as may be designated; 2) To draft opinion letters regarding, among other subjects, the interpretation of the Borough codes, state and federal laws, and policies; 3) To draft municipal ordinances involving all municipal matters; 4) To review and provide opinions on codes, contracts, resolutions, and other written instructions which are submitted to the attorney by the Borough; 5) To call attention of the Assembly and/or Manager, as may be appropriate, to or of changes or developments in legal matters that affect the Borough; and 6) To perform other such duties as may be prescribed for the Borough Attorney by ordinance or by direction of the Assembly and/or Manager. B. The Borough Attorney shall represent the Borough as attorney in civil and criminal proceedings affecting the Borough; however, the Borough Assembly may hire independent counsel when in its judgment independent counsel is needed. The attorney will represent the Borough in litigation involving prosecution of municipal code violation when needed. Firms must be qualified to AGENDA ITEM #12.B.1. Resolution No. FY2022-13 Approving A One-Year Extension Of The Borough A...Page 75 of 91 represent the Borough in all State of Alaska Courts, U.S. District Court, and before the Ninth Circuit Court of Appeals. C. The Borough Attorney must work effectively with the Assembly, administration, boards and commissions, and also with other public agencies with which the Borough has legal relations. D. The Borough Attorney must be experienced and proficient in legal matters affecting the Borough, to include without limitation, federal and state constitutional law, federal and state non -constitutional law, Alaska Statute 29, and Borough Code. E. All representation of the Borough shall continue until the matters or cases assigned are either closed out by mutual consent or are recalled by the Assembly. F. The firm shall not engage any consultant, expert, or service without the prior approval of the Manager or Assembly. G. Provide toll-free telephone access to the Borough. H. The firm shall: 1) Provide the Borough with copies of any significant pleading and/or correspondence prior to filing/sending them. 2) Obtain the Manager's approval of all expenses exceeding $2,000. Section 3. Access to Municipal Personnel. The Manager shall secure the cooperation of the Borough personnel as necessary to assist the firm's performance hereunder. Section 4. Contract Administrator. The Borough shall: A. Receive all information and notices the firm is required to communicate to the Borough pursuant to this agreement. B. The Manager shall administer the contract on behalf of the Borough. Section 5. Term. A. For purposes of case assignments, this contract becomes effective when signed on behalf of the Borough and shall continue for three years from date executed. The contract may be renewed for up to three additional one-year extensions at the Borough Assembly's option. B. For purpose of assigned case completion this contract may be extended upon mutual consent. AGENDA ITEM #12.B.1. Resolution No. FY2022-13 Approving A One-Year Extension Of The Borough A...Page 76 of 91 Section 6. Compensation A. The firm shall be compensated at the hourly rates enumerated in Attachment A of the proposal. The attorney's fee schedule is to remain fixed for the first three years of the contract with three, one-year extensions at the Assembly's option. If the Assembly opts to extend the contract, the fee schedule may be negotiated. The firm will also be reimbursed for other appropriate costs incurred to perform under this contract. B. The firm shall be entitled to no compensation under this contract beyond the scope of the Borough's express obligations under subsection A. The Borough understands that instances may arise that require additional services. During these times the firm will give the Assembly an estimate of services requested and will return to the Assembly prior to exceeding the estimate. C. As a condition of payment, the firm shall have paid all municipal taxes currently due and owing by the firm. Section 7. Payment and Reporting. A. The firm shall submit itemized monthly billings to the Manager for payment of all fees and costs for which the firm seeks reimbursement under Section 6. Said monthly billings shall identify the subject of the work perforated and the time, to the nearest one-tenth of an hour, spent on each subject. Costs shall be itemized and described separately on each monthly invoice. B. Upon approved billing, payment will be remitted to the firm within 30 days. Section 8. Termination of the Firm's Services The firm's services under Section 2 may be terminated: A. For convenience by the Assembly. B. By mutual consent of the parties. C. For cause, by either party where the other party fails in any material way to perform its obligations under this contract. Termination under this subsection is subject to the condition that the terminating party notifies the other party of its intent to terminate, stating with reasonable specificity the grounds therefore, and the other party fails to cure the default within fifteen days after receiving the notice. Section 9. Duties Upon Termination. A. If the firm's services are terminated for the convenience of the Borough or by mutual consent of the parties, the firm will be paid as provided for under Section 6. Total compensation will not exceed the amount stated in Section 6. All finished and unfinished documents, work product, and materials prepared by the firm remain the property of the Borough. AGENDA ITEM #12.B.1. Resolution No. FY2022-13 Approving A One-Year Extension Of The Borough A...Page 77 of 91 B. If the firm's services are terminated for cause, the Borough shall pay the firm the reasonable value of the services satisfactorily rendered prior to termination, less any damages suffered by the Borough because of the firm's failure to perform satisfactorily. The reasonable value of the services rendered shall not exceed the contract rate for such services, and payment under this section shall not exceed ninety percent of the total compensation allowable under Section 6. Any finished or unfinished documents, work product, or materials prepared by the firm under this contract shall become the property of the Borough. C. The firm shall not be entitled to any compensation under this section until the firm has delivered to the Manager all documents, records, work product, and materials relating to this contract. D. If the firm's services are terminated, for whatever reason, the firm shall not claim any compensation, under this contract, other than that allowed under this section. E. Except as provided in this section, termination of the firm's services under Section S does not affect any other right or obligation of a party under this contract. Section 10. Case Management. A. Execution of the contract by the Borough shall act as full authority for the firm to proceed with the representation of the Borough as provided hereunder. B. The Borough will have complete and total access to all material, information and files worked on by the firm pursuant to this contract. C. Copies of all legal opinions shall be provided to the Borough Clerk's office. Section 11. Assignments. Unless otherwise allowed by the Manager or as directed by the Assembly, any assignment by the firm of its interest in any part of this contract or any delegation of duties under this contract shall be void, and any attempt by the firm to assign any part of its interest or delegate duties under this contract shall give the Borough the right to immediately terminate this contract without any liability for work performed. Section 12. Ownership; Publication, Reproduction and Use of Material. A. The firm agrees to discuss matters and reveal documents relating to this contract only with the Assembly, Manager, Borough Clerk, or any person authorized by the aforementioned, and as required by court order. B. Except as otherwise provided herein, all data, documents, work product, research, reports, and materials produced by the firm under this contract shall be the property of the Borough, which shall retain exclusive right to publish, disclose, distribute, copy, and otherwise use, in whole or in part, any such data, documents, research, reports, or other materials. AGENDA ITEM #12.B.1. Resolution No. FY2022-13 Approving A One-Year Extension Of The Borough A...Page 78 of 91 Section 13. Notices. Any notice required pertaining to the subject matter of this contract shall be either personally delivered, faxed, or mailed by prepaid first class registered or certified mail, return receipt requested to the following address: Borough: Kodiak Island Borough Attention: Manager's Office 710 Mill Bay Road Kodiak, AK 99615 FAX: (907) 486-9390 Firm: Keene & Currall Attention: Scott A. Brandt -Erichsen 540 Water Street, Suite 302 Ketchikan, AK 99901 FAX: (907) 225 Section 14. Conflict of Interest. The firm may not represent or assist private or public clients in connection with other claims, litigation, or other legal matters where such representation would constitute or appear to constitute a conflict of interest. In particular, the firm shall comply with all relevant provisions of the Alaska Bar Rules and the Alaska Rules of Professional Conduct concerning the prohibition of conflicts of interest among clients. The firm shall not accept any employment and shall not render any professional services to other parties if such action might be inconsistent with the above -referenced standards unless the prior approval of the Assembly has been first obtained. Part 11 General Contract Provisions Section 1. Relationship of Parties. The firm shall perform its obligations hereunder as an independent firm of the Borough. The Borough may administer the contract and monitor the firm's compliance with its obligations hereunder. Section 2. Nondiscrimination. A. The firm will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, age, sex, or marital status, or mental or physical disability. The firm will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, or mental or physical disability. Such action shall include, without limitation, employment, upgrading, AGENDA ITEM #12.B.1. Resolution No. FY2022-13 Approving A One-Year Extension Of The Borough A...Page 79 of 91 demotion, or transfer, recruitment or recruiting advertising, layoff or termination, rales of pay or other forms of compensation, and selection for training including apprenticeship, The firm agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The firm shall state, in all solicitations or advertisements for employees to work on contract jobs, that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, age, sex, or marital status, or mental or physical disability. C. The firm shall comply with any and all reporting requirements that may apply to it which the Kodiak Island Borough may establish. D. The firm shall include the provisions of subsections A through C of this section in every subcontract or purchase order under this contract, so as to be binding upon every such independent counsel or firm of the firm under this contract. Section 3. Permits, Laws and Taxes. The firm shall acquire and maintain in good standing all permits, licenses, and other entitlements necessary to its performance under this contract. All actions taken by the firm under this contract shall comply with all applicable law to include without limitation, statutes, ordinances, rules, and regulations. Section 4. Nonwaiver. The failure of either party at any time to enforce a provision of this contract shall in no way constitute a waiver of the provision, nor in any way effect the validity of this contract or any part hereof, or the right of such party thereafter to enforce each and every provision hereof. Section 5. Amendment. A. This contract may be amended, modified, or changed only in writing as approved by the Borough Assembly and executed by the Manager and an authorized representative of the firm. B. For the purpose of any amendment, modification, or change to the terms and conditions of this contract, the only authorized representatives of the parties are: 1) Kodiak Island Borough Manager 2) Scott Brandt -Erichsen C. Any attempt to amend, modify, or change this contract by either an unauthorized representative or unauthorized means shall be void. AGENDA ITEM #12.B.1. Resolution No. FY2022-13 Approving A One-Year Extension Of The Borough A...Page 80 of 91 Section 6. Jurisdiction; Choice of Law. Any civil action rising from this contract shall be brought in the Superior Court for the Third Judicial District of the State of Alaska, at Kodiak. The laws of the State of Alaska shall govern the rights and obligations of the parties under this contract. Section 7. Severability. Any provision of this contract decreed invalid by a court of competent jurisdiction shall not invalidate the remaining provisions of the contract. Section S. Integration. This instrument and Attachment A hereto embody the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this contract shall supersede all previous communications, representations, or agreements, either oral or written, between the parties hereto. Section 9. Insurance and indemnification. A. The fine shall maintain in good standing the insurance described in Subsection B of this section. Before rendering any services under this contract, the firm shall furnish the Manager with proof of insurance in accordance with Subsection B of this section. B. The firm shall provide the following types of insurance. The Kodiak Island Borough shall be insured as additional insured on all insurance policies except Professional Liability and Worker's Compensation policies. All policies shall have a thirty -day notice of cancellation clause. 1) Workers'Compensation 100,000 Employer's Liability and Workers' Compensation as required by Alaska State Workers' Compensation Statues. 2) Commercial no obile Liability S' ,;'_ Bodily Injury Property Damage, including all owned, hired and non - owned auto obil . $1,000,000 Each Occurrence and Aggregate $1,000,000 3) Professional Liability Agree to provide lawyer's professional liability insurance for all periods under the contract and provide an extended reporting period endorsement after the end of the contract for three years. Without request by the Borough, the firm shall provide proof of such insurance during the contract period and proof of such endorsement after the end of the contract. The firms' carrier must agree to notify the Borough thirty days before cancellation of insurance or of the extended reporting period endorsement. The insurance shall provide coverage for claims up to a minimum amount of $1,000,000 per claim. AGENDA ITEM #12.B.1. Resolution No. FY2022-13 Approving A One-Year Extension Of The Borough A...Page 81 of 91 C. To the fullest extent permitted by law the firm agrees to defend indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees, and volunteers against any and all liabilities, claims, demands, lawsuits, or losses including costs and attorney fees, and appellate attorney's fees, incurred in defense thereof arising out of or in any way connected or associated with this contract. Section 10. Inspection and Retention of Records. The firm shall at any time during normal business hours and as often as the Manager or Assembly may deem necessary, make available to the Borough for examination all records with respect to all matters covered by this contract for a period ending three years after the date of the firm is to complete performance in accordance with Section 2 of the Special Provisions. Upon request, and within a reasonable time, the firm shall submit such other information and reports relating to its activities under this contract to the Borough in such a form and at such times as the Borough Assembly may reasonably require. The firm shall permit the Assembly or their designee to audit, examine, and make copies of such records, and to make audits of all research, materials, pleadings, records of personnel, and other data relating to all matters covered by this contract. The Borough may, at its option, permit the firm to submit its records to the Borough in lieu of the retention requirements of this section. Section 11. Availability of Funds. This contract is subject to the availability of funds lawfully appropriated for its performance. IN WITNESS WHEREOF, the parties have executed this contract: KODIAK ISL ND BOROUGH 04'9-0b-ql . AGENDA ITEM #12.B.1. Resolution No. FY2022-13 Approving A One-Year Extension Of The Borough A...Page 82 of 91 Date: // /< q/1 t IRS Tax No. State of Alaska) rbl,1 lhixd-Judicial District) rlvst Subscribed and swom before me on 5 /2y2Z- Notary Public Commission Expiration BRITTANYM. NORTON Notary Public State of Alaska My Commission Expires May 1, 2022 AGENDA ITEM #12.B.1. Resolution No. FY2022-13 Approving A One-Year Extension Of The Borough A...Page 83 of 91 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 4, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees. ORIGINATOR: Borough Clerk, Alise Rice RECOMMENDATION: Move to confirm the mayoral appointments of assembly member representatives to different boards and committees as reflected in the attached list. Staff Report - Mayor Roberts Assembly Discussion Roll Call Vote DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIB Code Chapter 2.100 Boards, Committees, and Commissions 2100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor sh all appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. AGENDA ITEM #12.D.1. Mayoral Appointments Of Assembly Member Representatives To Different Boa...Page 84 of 91 2021 Appointment Of Assembly Representatives To Boards and Committees 1 Architectural Review Board, KIBC 2.125 *Manager serves as Ex-Officio *Mayor may serve as Ex-Officio Assembly Member Arndt Borough Manager Mayor Roberts Borough Lands Committee, KIBC 2.160 - 2 Seats *Mayor may serve as Ex-Officio Assembly Member Arndt Assembly Member Delgado Mayor Roberts Cooperative Relations Committee - 3 Seats Assembly Member Arndt Assembly Member Smith Assembly Member Williams Emergency Services Council, KIBC 2.110 *Mayor is assigned to a seat Mayor Roberts Borough Manager Joint Building Code Review Committee, KIBC 15.45 Assembly Member Griffin Kodiak College Council Assembly Member Delgado Kodiak Fisheries Work Group 2 Seats and 1 Alternate Assembly Member Delgado Assembly Member Griffin Not assigned Kodiak Fisheries Advisory Committee, Res. No. FY2007-38 Assembly Member Turner Parks and Recreation Committee, KIBC 2.120 Assembly Member Smith Providence Health System Service Area Board, KIBC 8.05 Assembly Member Turner School District Budget Advisory Committee Assembly Member Smiley School District Facilities Review Committee Assembly Member Smiley School District Strategic Planning Committee Assembly Member Williams Solid Waste Advisory Board, KIBC 2.145 Assembly Member Smiley AGENDA ITEM #12.D.1. Mayoral Appointments Of Assembly Member Representatives To Different Boa...Page 85 of 91 2021 Appointment Of Assembly Representatives To Boards and Committees 2 *Southwest Alaska Municipal Conference Board Seat – Treasurer Board Seat - 2 Yr. Term Expires 2023 - Term begins at the Annual Conference Assembly Member Williams *AML Board – District 2 Seat – Two Year Term Expires 2022 City Councilman John Whiddon KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. AGENDA ITEM #12.D.1. Mayoral Appointments Of Assembly Member Representatives To Different Boa...Page 86 of 91 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 4, 2021 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Planning And Zoning Commission Case No. S22-001 Approval Of Vacate And Relocation Of Public Beach Access, Lot 11, Block 1, Pasagshak River 2nd Addition. ORIGINATOR: Community Development Director, CDD RECOMMENDATION: Move to approve the vacation of a 10-foot-wide Public Beach Access on the east side of Lot 11, Block 1, Pasagshak River 2nd Addition. And in addition. Grant preliminary approval of a replat creating a 10-foot-wide Public Beach Access Walkway on the west side of Lot 11A, Block 1, Pasagshak River 2nd Addition approved by the P&Z Commission on September 15, 2021. Staff report - Interim Community Development Director, Seema Garoutte Assembly Discussion Roll Call Vote DISCUSSION: This request seeks the replat of Lot 11, Block 1, Pasagshak River 2nd Addition, vacating a 10-foot-wide public beach access walkway, and creating Lot 11A, Block 1 and 10-foot-wide public beach access walkway, Pasagshak River 2nd Addition. Currently Lot 11 has a 10 foot wide public beach access that runs north and south located on the east side of the vacant lot. The applicants are seeking to vacate the access and relocate it to the west side of the newly created Lot 11A. With Assembly approval, the applicants, Michael and Anita Brechan, Trustees, will be able to move into the final plat process. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #12.D.2. Planning And Zoning Commission Case No. S22-001 Approval Of Vacate And R...Page 87 of 91 ‘ 5‘jm-3'1:5931?}‘E.{‘i1"[§{11'[Nil‘$3.‘vita‘-E.‘in 1m;..._,‘1B:i1tiI§1{§“§§ I 'AGENDA ITEM #12.D.2.Planning And Zoning Commission Case No. S22-001 Approval Of Vacate And R...Page 88 of 91 -..S.IIIIIIi\.l-Itl-l.El4.Ila.: 9u~S.III.I.l-|lnl.I..3.I.'lIll ea?aiaigIszuiu.xrl-3|.)-nvcl 3.3:: I E : //I E.:: «S2 . ».....n .5...4:?V 5.3.:., E25,...:.5..... ..: ..,. A.«.Q...AGENDA ITEM #12.D.2.Planning And Zoning Commission Case No. S22-001 Approval Of Vacate And R...Page 89 of 91 Furin Way Bayview DrivePasagshak Parcels Subject Parcel Current Public Access Current Access Location Lot 11 Lot 9A Lot 12 AGENDA ITEM #12.D.2.Planning And Zoning Commission Case No. S22-001 Approval Of Vacate And R...Page 90 of 91 Furin Way Bayview DrivePasagshak Subject Parcel Parcels Proposed Public Access Proposed Access Location Lot 12 Lot 11A Lot 9A AGENDA ITEM #12.D.2.Planning And Zoning Commission Case No. S22-001 Approval Of Vacate And R...Page 91 of 91 TR W � \ ` � \ 2f ol [ o . \ / \ / \ ° } e k \ § k \ % $Of \ / ( / � ° }n } ~ f § R / 2 F� \ ) k § zi ® @� § k ( 5 / 5 / k § k p\([ƒ § { y\ \ d q 3 co o Q ( w \p ) \ \ \ \ \ } \ / .. ) § k § § k I § / / /] 0 CO@ % Fn J - ° § F a) / / § co k k ® -\{ \ f \ \ u 5 S 7 : § ) \ § § / { § k) 6 k k A z(§ƒ � § a k . %# §� o \ / \ \ _ § e ) m LU )§§ k k k 2 / / m e lzr k rd 7 > > E \ y �J `J O O N U7 Q � v ¢ rn °� w d m C. w 0 m y�N c7 Vi V) F F F- o d 0 ca W F N L \\ l \ / � w wz Q d w ^ _ (6 ut Q w Z � L � C F 0 O L M C l4 E 0 W Y � CD O OU Q O 0 U) U)) co cn Z am) y } Z Q ..)CO 0. d O v N E 0) .n • \v ` y d W F i W 1 > N M W ¢ O L O c0 s4- �IV w Z Di y a O d \ p N N N N E w Y m a)a V' V / 3� 1 LU Q w F O >-Q F a 4% >, M m Z Q I— x N J � T 07 E \ p T ` E N m ry � 07 O 0 �oy� a Qoc)U)U) ���LU co V ffl ;2 � � 0 w a LU < / d 0 � � § q § 2 ) 0 0 0 § < c / a ) 0 �c / \ .�. z § E \2 f e§ )_ cr d ° $\( # 3 0 k\$ k(/ . 0=cu 0 k m § / § k § k § I / \ £ S / � / — 3 - ( ) 0 � �= k a EF = $ . \§ \ 2 u \ § § cn 7 f § § - / ) k � / ± £ ) k k ) \ f- §£ 2 k & D \ to m § a o a)f§ k Cl. 0 /2 )) § sƒ( / R A k \ k .. /) \ @ ) / / §I 2 § \ / a) § # cn ° �) w 0 k ( ƒ 3 § ] � Z 0 S \ ) co co§ § o } i k @� ± ) & £ k k © z / §£ o ` g \ O ; /\ j \ / ® \ \ \ / / / m§ 71 IX) M KODIAK ISLAND BOROUGH y ` Meeting Type:�v�� Date: 1� ` Please PRINT your name legibly Please PRINT your name legibly r c l Jt. c h� J View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2022, No. 14 November 04, 2021 At Its Regular Meeting Of November 04, 2021, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On November 18, 2021, At 6:30 p.m. At The Bayside Fire Hall. ADOPTED Ordinance No. FY2022-06 Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.030 Real And Personal Property Exempted From Taxation. ELECTED Assembly Member Williams As The 2021-2022 Deputy Presiding Officer. AUTHORIZED The Interim Acting Borough Manager To Execute Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Network For Saltery Cove Trail System Access Improvements. APPROVED Contract No. FY2022-14 Memorandum Of Agreement Between The Kodiak Island Borough, Kodiak Community Healthcare Center, And Providence Kodiak Island Medical Center For The Purpose Of Applying For Grant Funding To Pay For The Analysis, Planning, And Preparation Of Design Improvements To The Kodiak Island Hospital Complex. AMENDED, APPROVED Resolution No. FY2022-13 Approving A Three Year Extension With Keene & Currall, P.P.C., And Authorize The Interim Borough Manager To Execute The Extension. CONFIRMED The 2021 Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees. AMENDED, APPROVED Planning And Zoning Commission Case No. S22-001 The Vacation Of A 10- Foot-Wide Public Beach Access On The East Side Of Lot 11, Block 1, Pasagshak River 2nd Addition. And In Addition. Grant Preliminary Approval Of A Replat Creating A 10-Foot-Wide Public Beach Access Walkway On The West Side Of Lot 11A, Block 1, Pasagshak River 2nd Addition Approved By The P&Z Commission On September 15, 2021.