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2022-07-07 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 Assembly Chambers Thursday, July 7, 2022, 6:30 p.m., Streamed Live Online at www.kodiakak.ushttps://video.ibm.com/channel/kodiakislandborough and broadcasted on KMXT at 100.1 FM Please subscribe to be notified when agenda packets are published. Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq, Alutiiq people and acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL 5. 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. 6. *APPROVAL OF MINUTES 4 - 15 A. Regular Meeting Minutes of June 16, 2022: Special Meeting Minutes of June 21, 2022; and Special Meeting Minutes of June 23, 2022 Assembly Minutes 7. CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202 Agenda items not scheduled for public hearing and general comments. 8. AWARDS AND PRESENTATIONS 9. COMMITTEE REPORTS 10. PUBLIC HEARING Page 1 of 112 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 - 29 A. Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2022-02, Fiscal Year 2022 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects Agenda Item Report - Pdf 30 - 32 B. Ordinance No. FY2023-03 Amending Pertinent Sections in Kodiak Island Borough Code Chapter 2 Administration and Personnel to Amend the Mayor and Assembly Compensation Agenda Item Report - Pdf 33 - 36 C. Ordinance No. FY2023-04 Amending Various Sections Of Title 2 Administration And Personnel, Chapter 2.100 Boards, Committees Relevant To Appointments Of Borough Employees To Different Boards, Committees, And Commissions Agenda Item Report - Pdf 37 - 71 D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordinances Title 7 Elections Agenda Item Report - Pdf 11. BOROUGH MANAGER’S REPORT 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 72 - 80 1. Contract No. FY2023-01 Approving The Animal Control Contract For FY2022 & FY2023 With The City Of Kodiak Complete Binder For Contract No. FY2020-38 - Pdf 81 - 83 2. Contract No. FY2023-02 with Discover Kodiak to Provide Tourism and Marketing Development Services in Fiscal Year 2023 FY23 Discover Kodiak Contract - Pdf 14.B. RESOLUTIONS 84 - 88 1. Resolution No. FY2023-05 A Resolution Of The Kodiak Island Borough Assembly Appointing A Member To The Page 2 of 112 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 Joint Seat On The Kodiak Fisheries Development Association’s Board Of Directors Agenda Item Report - Pdf 89 - 92 2. Resolution No. FY2023-06 Allocating Fiscal Year 2023 Kodiak Island Borough Nonprofit Funding Nonprofit Funding Resolution - Pdf 93 - 96 3. Resolution No. FY2023-07 Designating Precincts, Where the Voter Turnout Was Less Than 75 Voters At The Last Regular Elections, As Ballot By Mail Precincts (Subject To Adoption Of Ordinance No. FY2023-05) Agenda Item Report - Pdf 14.C. ORDINANCES FOR INTRODUCTION 14.D. OTHER ITEMS 97 - 99 1. Approval of a Transportation Agreement to Reimburse Relocation Expenses of the Newly Hired Community Development Director. Agenda Item Report - Pdf 100 - 112 2. Authorization Of Assembly Member Arndt's Attendance To The 2022 Summer Legislative Conference Agenda Item Report - Pdf 15. CITIZENS' COMMENTS. 1-907-486-3231 or Toll Free 1-855-492-9202. (Limited To Three Minutes Per Speaker) 16. ASSEMBLY MEMBERS’ COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS 18.A. MINUTES OF OTHER MEETINGS 18.B. REPORTS Page 3 of 112 Kodiak Island Borough June 16, 2022 Assembly Regular Meeting Minutes Page 1 of 8 Kodiak Island Borough Assembly Regular Meeting June 16, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on June 16, 2022, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Roxanne Murphy, Borough Clerk Nova Javier, and Assistant Clerk Kristle Blanco. 1. INVOCATION The invocation was given by Sargent Major Dave Blacketer of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Roberts led the Pledge of Allegiance 3. STATEMENT OF LAND ACKNOWLEDGEMENT Mayor Roberts announced that we are gathered on the traditional homeland of the Sugpiaq, Alutiiq people and acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Mayor William Roberts, Assembly members Scott Arndt, Scott Smiley, James Turner, and Aimee Williams. WILLIAMS moved to excuse Assembly Member Delgado, who is absent due to medical reasons, Assembly Member Griffin who is absent due to personal leave, and Assembly Member Smith who is absent due to work matters. VOICE VOTE ON MOTION FAILED 5. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda and the consent agenda. ARNDT moved to amend the agenda by moving Contract No. FY2022-40 under Item17, Executive Session. VOICE VOTE ON MOTION TO AMENDED CARRIED UNANIMOUSLY. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. APPROVAL OF MINUTES (Approved under consent agenda) 1. Special Meeting Minutes of May 26, 2022, and Regular Meeting Minutes of June 2, 2022. AGENDA ITEM #6.A. Regular Meeting Minutes of June 16, 2022: Special Meeting Minutes of Jun...Page 4 of 112 Kodiak Island Borough June 16, 2022 Assembly Regular Meeting Minutes Page 2 of 8 7. CITIZENS' COMMENTS Mr. John Whiddon from KEDC spoke under citizen’s comments: 8. AWARDS AND PRESENTATIONS 1. Proclamation Declaring June 12-18, 2022, As Alaska Invasive Species Awareness Week and Proclamation Declaring June 2022 As Pride Month Mayor Roberts, recognized the week of June 12-18, 2022, as Alaska Invasive Species Awareness Week and June 2022 as Pride Month in Kodiak Saluting PRIDE In The LGBTQIA+ Community of Kodiak. 9. COMMITTEE REPORTS – None. 10. PUBLIC HEARING – None. 11. BOROUGH MANAGER’S REPORT The Borough Manager reported on the following: • Reached out to UAA and UAF and encouraged them to apply for Nonprofit funding • Received clarification from the Attorney regarding Ordinance No. FY2022-17 • Thanked Finance Director and Clerk for their assistance with Resolution No. FY2022-28 • Wrote letter of support for the Interpretive Support Specialist at KFRC • Update on the animal control contract • Environmental Assessment report for Mental Health Building was completed and will be distributed to the Assembly • Main Elementary roof work will soon commence • Hospital concrete wall almost done • Received four applicants for the compensation study • Provided update on a Landfill project • Adjust altitude and foothills challenge 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts wished his wife, Sheila Roberts, a Happy Birthday. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 1. Ordinance No. FY2022-17 Amending Kodiak Island Borough Code Section 2.30.020 General Rules By Removing The Provisions That Pertain To Declaration Of A Disaster Or Emergency 1. The motion that is on the floor is to move to adopt Ordinance No. FY2022-17. On May 14, 2020, the Assembly adopted Ordinance No. FY2020-19 and amended KIB Section 2.30.020 General Rules in response to declaring disasters or emergency during the COVID-19 pandemic. During the April 14, 2022, work session, the Assembly discussed and requested that an ordinance be introduced to remove the provisions that were put in place by Ordinance No. FY2020-19. The Assembly wishes to revisit this topic at a later time. AGENDA ITEM #6.A. Regular Meeting Minutes of June 16, 2022: Special Meeting Minutes of Jun...Page 5 of 112 Kodiak Island Borough June 16, 2022 Assembly Regular Meeting Minutes Page 3 of 8 • On May 4, 2022, a public hearing was held on this ordinance. The Assembly postponed this ordinance to the May 19, 2022, meeting for additional discussion. • On May 19, 2022, the Assembly postponed this ordinance to the June 16 regular meeting to consider a version 2 of the ordinance. ARNDT moved to amend Ordinance No. FY2022-17 by substitution with Version 2. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED UNANIMOUSLY: Arndt, Smiley, Turner, and Williams. TURNER moved to amend Ordinance No. FY2022-17, Line 58 to read “28 days” versus “30 days”. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Smiley, Turner, William, and Arndt. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Turner, Williams, Arndt, and Smiley. 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2022-40 Approval Of The Borough Clerk Employment Agreement With Nova M. Javier, MMC ARNDT moved to approve Contract No. FY2022-40 employment agreement with Nova M. Javier, MMC. The Borough Clerk is hired by and works directly to the Borough Assembly under contract. On April 4, 2022, the Assembly entered into a temporary employment agreement with Ms. Javier to fill the position of the Interim Clerk position. On May 10, 2022, the Borough Clerk position was advertised in house and an application was received from Ms. Javier. At the May 26, 2022, Work Session, the application was presented to the Assembly and direction was given to the Manager to draft an employment agreement for the Clerk. ARNDT moved to enter into executive session to discuss the Borough clerk employment under the authority of KIBC 2.30.030(F) for the purpose of discussing matters which may tend to prejudice the reputation or character of the person, who has been notified of the potential executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Smiley, and Turner. ARNDT moved to invite the Mayor and Assembly. Clerk Javier will be invited in at a later time. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AGENDA ITEM #6.A. Regular Meeting Minutes of June 16, 2022: Special Meeting Minutes of Jun...Page 6 of 112 Kodiak Island Borough June 16, 2022 Assembly Regular Meeting Minutes Page 4 of 8 Mayor Roberts recessed the regular meeting and convened into executive session at 8:45 p.m. At 9:30 p.m. Mayor Roberts reconvened the regular meeting and announced that alterations to the contract will be made based on the negotiations held during executive session. 14.B. RESOLUTIONS 1. Resolution No. FY2022-28 Of The Assembly Of The Kodiak Island Borough Approving Funding Of The Kodiak Economic Development Corporation (KEDC) ARNDT moved to adopt Resolution No. FY2022-28. The attachments provided in this packet were provided by Mr. Whiddon from KEDC. Mr. Whiddon noted in his email that KEDC is planning on applying for an EDA grant to develop a Local Economic Development Plan (LEDP) similar to the Haines 5-year Economic Development Plan (attached). Because KANA developed a regional CEDS (attached) that focuses primarily on the rural regions of Kodiak, there is no current economic data for the Kodiak road system. The LEDP would be developed in lieu of an actual CEDS and would include more specific detailed data about key industries and economic trends in Kodiak. Included in the packet is a Project Tracker that identifies the various projects that KEDC is currently pursuing. Mr. Whiddon intends to update the Assembly at the meeting on Thursday night. The resolution, if approved, would allow the Borough to enter into a grant agreement granting KEDC $20,000 to be used for purposes of working on the yet uncompleted tasks on the task list presented. While these funds would not be the only fund source, and are not sufficient to complete all tasks, they would assist in completion of these tasks, and expenditure of the funds would be restricted to the tasks listed. ROLL CALL VOTE ON MOTION FAILED ONE TO THREE: Arndt (No); Williams, Smiley, and Turner (AYES). 2. Resolution No. FY2023-02 Re-Establishing The Fees Of The Kodiak Island Borough ARNDT moved to adopt Resolution No. FY2023-02. 06/13 UPDATE Staff attached the City of Kodiak's Resolution Number 2022-14 which amended their building and construction fees - approved June 9, 2022. AGENDA ITEM #6.A. Regular Meeting Minutes of June 16, 2022: Special Meeting Minutes of Jun...Page 7 of 112 Kodiak Island Borough June 16, 2022 Assembly Regular Meeting Minutes Page 5 of 8 ORIGINAL AGENDA SUMMARY KIB Code 3.10.190 ordains that all fees be reviewed on an annual basis. Staff has compiled a list of recommended changes to the current fee schedule for fiscal year 2023 as shown on the attached exhibit. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Smiley, Turner, and Williams. 3. Resolution No. FY2023-04 A Resolution Of The Assembly Of The Kodiak Island Borough, Declaring That The Existing Apportionment Of The Kodiak Island Borough Assembly Meets The Standards Of As 29.20.060 And Is Consistent With The Equal Representation Standards Of The Constitution Of The United States; Placing On The Ballot For The October 4, 2022, Regular Borough Election, The Question To Retain The Existing Form Of Assembly Representation ARNDT moved to adopt Resolution No. FY2023-04. The Alaska Redistricting Board adopted the final Proclamation of Redistricting on November 10, 2021, and on April 13, 2022, the Board adopted an amended proclamation plan. Per Alaska Statutes, the Assembly shall determine and declare by resolution whether the existing apportionment of the Assembly meets the standards of AS 29.20.060. At the June 9, 2022, work session, the Assembly expressed their intent to move forward in presenting a proposition to voters at the upcoming municipal election that would retain the existing form of Assembly representation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Turner, William, and Arndt. 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2022-02, Fiscal Year 2022 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects ARNDT moved to advance Ordinance No. FY2022-02B to public hearing at the next Assembly regular meeting on July 7, 2022. 6/10/22 UPDATE At the 6/09 work session a question was asked about a transfer request of $1,908,182 between two projects within the Fund 469 Renewal and Replacement. Since the staff member requesting the transfer is unavailable, the item is being removed from the ordinance. ORIGINAL This ordinance presents the net changes for additional funding requests which occurred during the current fiscal year for items or circumstances not known or expected during the initial creation of the FY2022 Budget. AGENDA ITEM #6.A. Regular Meeting Minutes of June 16, 2022: Special Meeting Minutes of Jun...Page 8 of 112 Kodiak Island Borough June 16, 2022 Assembly Regular Meeting Minutes Page 6 of 8 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, and Smiley. 2. Ordinance No. FY2023-03 Amending Pertinent Sections in Kodiak Island Borough Code Chapter 2 Administration and Personnel to Amend the Mayor and Assembly Compensation ARNDT moved to advance Ordinance No. FY2023-03 to public hearing at the next regular meeting of the Assembly on July 7, 2022. The Assembly appropriated sufficient funds in the fiscal year 2023 budget to provide for an increase in the monthly allowance paid to the Mayor and Assembly. The last review and increase of the mayor and assembly compensation was from August 2007. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Smiley, and Turner. 3. Ordinance No. FY2023-04 Amending Various Sections Of Title 2 Administration And Personnel, Chapter 2.100 Boards, Committees Relevant To Appointments Of Borough Employees To Different Boards, Committees, And Commissions ARNDT moved to advance Ordinance No. FY2023-04 to public hearing at the next regular meeting of the Assembly on July 7, 2022. The attached ordinance is presented at the request of Assembly members. This is to consider the prohibition of borough employees from serving on borough boards, committees, and commission in order to uphold, promote, and demand the highest standards of ethics from all of its employees and officials. This ordinance does not address elected officials or borough employees serving on service area boards. KIBC 7.20.020 (C) authorizes employees on service area boards. KIBC 2.110.030 for the Emergency Services Council includes a manager’s designee who may be an employee. This ordinance is not intended to alter those provisions. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Smiley, Turner, and Williams 4. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordinances Title 7 Elections ARNDT moved to advance Ordinance No. FY2023-05 to public hearing at the next regular meeting of the Assembly on July 7, 2022. The last all-inclusive change to Title 7 was from May 2009. It is timely to review and revise the current code and find ways to simplify and streamline the process. The Clerk's Office staff went through each section in the entire Title 7 and proposed revisions. All the revisions were reviewed by the Borough attorney to AGENDA ITEM #6.A. Regular Meeting Minutes of June 16, 2022: Special Meeting Minutes of Jun...Page 9 of 112 Kodiak Island Borough June 16, 2022 Assembly Regular Meeting Minutes Page 7 of 8 make sure that voter's rights are protected, and all applicable statutes are followed. The Borough Assembly reviewed the initial draft at the June 9, 2022, work session. Version 2 of the ordinance is now presented with revisions that staff recognized that there may be Assembly consensus. Comments are on the right- hand side of the pages where changes have been made. We are ever mindful of the rising cost of running an election. This code revision scrutinized various ways of reducing costs by exploring other avenues of advertising and eliminating redundancy. This code also takes into consideration that we are now subject with the Voting Rights Act, Section 203 and we are going to be doubling our costs by advertising in English and in the Filipino language. There will or may be costs associated also with translation services and pamphlet printing in Filipino. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Turner, Williams, and Arndt. 14.D. OTHER ITEMS – None. 15. CITIZENS' COMMENTS – None. 16. ASSEMBLY MEMBERS’ COMMENTS • Assembly member Arndt wished everyone a Happy Fourth of July Holiday. • Assembly member Smiley expressed his thoughts on invasive species. 17. EXECUTIVE SESSION 1. Borough Manager's Performance Evaluation ARNDT moved to convene into executive session to discuss Borough Manager’s Performance Evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice a character or reputation of a person. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Smiley, Turner, and Williams. ARNDT moved to invite the Mayor and Assembly members into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Mayor Roberts recessed the regular meeting and convened into executive session at 8:45 p.m. At 9:30 p.m. Mayor Roberts reconvened the regular meeting and announced no action was taken as a result of the executive session. AGENDA ITEM #6.A. Regular Meeting Minutes of June 16, 2022: Special Meeting Minutes of Jun...Page 10 of 112 Kodiak Island Borough June 16, 2022 Assembly Regular Meeting Minutes Page 8 of 8 17. ADJOURNMENT ARNDT move to adjourn the meeting at 9:30p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: William Roberts, Mayor Nova Javier, Borough Clerk AGENDA ITEM #6.A. Regular Meeting Minutes of June 16, 2022: Special Meeting Minutes of Jun...Page 11 of 112 Kodiak Island Borough June 21, 2022 Assembly Special Meeting Minutes Page 1 of 2 KODIAK ISLAND BOROUGH Assembly Special Meeting June 21, 2022 A special meeting of the Kodiak Island Borough Assembly was held on June 21, 2022, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Roxanne Murphy and Borough Clerk Nova Javier. ROLL CALL Present were Mayor William Roberts, Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Scott Smiley, James Turner, and Aimee Williams. WILLIAMS moved to excuse Assembly member Smith who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS COMMENTS - None. CONSIDERATION OF MATTER IN THE CALL FOR THE SPECIAL MEETING 1. Borough Manager's Performance Evaluation ARNDT moved to convene into executive session to discuss the Borough Manager’s Performance Evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice a character or reputation of a person. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Smiley, Turner, and Williams. ARNDT moved to invite the Mayor and Assembly into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Mayor Roberts recessed the special meeting and convened into executive session at 6:32 p.m. At 7:11 p.m. Mayor Roberts reconvened the special meeting. ARNDT moved, with a heavy heart, that the assembly finds that it no longer desires to employ Roxanne Murphy as the Borough Manager. Therefore, her employment as Borough Manager shall be terminated as of today, June 21, 2022. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Smiley, Turner, Williams, and Arndt. AGENDA ITEM #6.A. Regular Meeting Minutes of June 16, 2022: Special Meeting Minutes of Jun...Page 12 of 112 Kodiak Island Borough June 21, 2022 Assembly Special Meeting Minutes Page 2 of 2 ADJOURNMENT ARNDT moved to adjourn the meeting at 7:12 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: William Roberts, Mayor Nova M. Javier, MMC, Borough Clerk AGENDA ITEM #6.A. Regular Meeting Minutes of June 16, 2022: Special Meeting Minutes of Jun...Page 13 of 112 Kodiak Island Borough June 23, 2022 Assembly Special Meeting Minutes Page 1 of 2 KODIAK ISLAND BOROUGH Assembly Special Meeting June 23, 2022 A special meeting of the Kodiak Island Borough Assembly was held on June 23, 2022, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. ROLL CALL Present were Mayor William Roberts, Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Scott Smiley, James Turner, and Aimee Williams. ARNDT moved to excuse Assembly member Smith who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS COMMENTS: The following spoke under citizen’s comments: • Betty MacTavish CONSIDERATION OF MATTER(S) IN THE CALL FOR THE SPECIAL MEETING 1. Recruitment For The Kodiak Island Borough Manager Position ARNDT moved to discuss the next steps to take regarding the recruitment for the Kodiak Island Borough Manager Position. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Smiley, Turner, and Williams. ARNDT moved to convene into executive session to discuss the qualifications of Mr. Shawn Blodgett who was an applicant from the recent manager recruitment. This discussion qualifies for executive session per KIBC 2.30.030(F)(1) as matter that may tend to prejudice the reputation or character of a person. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Smiley, Turner, Williams, and Arndt. ARNDT moved to invite the Mayor, Assembly members, and the Clerk’s Office staff into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY: Mayor Roberts recessed the special meeting and convened into executive session at 6:42 p.m. At 7:06 p.m. Mayor Roberts reconvened the special meeting. AGENDA ITEM #6.A. Regular Meeting Minutes of June 16, 2022: Special Meeting Minutes of Jun...Page 14 of 112 Kodiak Island Borough June 23, 2022 Assembly Special Meeting Minutes Page 2 of 2 ARNDT moved to start advertising for the Kodiak Island Borough Manager Position. TURNER moved to amend the main motion to add the words “and investigate hiring a headhunter.” GRIFFIN moved to amend the primary amendment to change the wording from “headhunter” to “executive search firm.” ROLL CALL VOTE ON THE SECONDARY AMENDMENT CARRIED UNANIMOUSLY: Smiley, Turner, Williams, Arndt, Delgado, and Griffin. ROLL CALL VOTE ON MOTION ON THE PRIMARY AMENDMENT CARRIED UNANIMOUSLY: Griffin, Smiley, Turner, Williams, Arndt, and Delgado. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Tuner, Williams, Arndt, Delgado, Griffin, and Smiley ADJOURNMENT ARNDT move to adjourn the meeting at 7:10 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: William Roberts, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: AGENDA ITEM #6.A. Regular Meeting Minutes of June 16, 2022: Special Meeting Minutes of Jun...Page 15 of 112 KODIAK ISLAND BOROUGH STAFF REPORT JULY 7, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2022-02, Fiscal Year 2022 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects ORIGINATOR: Dria Bray-Holloway, General Accountant RECOMMENDATION: Move to adopt Ordinance No. FY2022-02B. Move to amend Ordinance No. FY2022-02 B by substitution with Version 2. DISCUSSION: 6/24/22 UPDATE (Version 2) Staff received a request from the Chair of Monashka Bay Road Service to increase their additional budget funding from $25,000 to $65,000. 6/10/22 UPDATE At the 6/09 work session a question was asked about a transfer request of $1,908,182 between two projects within the Fund 469 Renewal and Replacement. Since the staff member requesting the transfer is unavailable, the item is being removed from the ordinance. ORIGINAL AGENDA SUMMARY This ordinance presents the net changes for additional funding requests which occurred during the current fiscal year for items or circumstances not known or expected during the initial creation of the FY2022 Budget. Funds (not including Capital Project Funds) Funds are accounts established to collect money that must be used for a specified purpose. The following funds are being changed with this budget amendment: Fund Additional Appropriation Transfer In/(Out) Current Cash Balance AGENDA ITEM #10.A. Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Isla...Page 16 of 112 KODIAK ISLAND BOROUGH STAFF REPORT JULY 7, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough 220- Building & Grounds $0 $(15,000) $718,047 240 - Womens Bay Road Service $31,000 $0 $31,132 242 - Service District #1 $45,000 $0 $1,000,183 244 - Monashka Bay Road Service Updated 6/24 $65,000 $25,000 $0 $243,097 246 - Bay View Road Service $25,000 $0 $52,961 250 - Fire Protection Area #1 $0 $2,134 $727,494 262 - Mission Lake Tide Gate $1,500 $0 $58,893 277 - Tourism Development $200 $0 $85,432 278 - Commercial Passenger Vessel $155,000 $0 $47,100 530 - Solid Waste Disposal & Collection $0 $(5,250,000) $6,244,616 555 - Kodiak Fisheries Research Center (KFRC) $0 $(122,344) $2,652,255 Projects (within Capital Project Funds) Since most projects cover multiple years, the Borough does not create annual budgets for them. Instead, each project budget is developed when the project is originated. Throughout the life of a project, funds will cycle in and out of the perspective budgets due to continuous changes with the scope of work, expenses that are over and under original estimates, or funds remaining at project completion. The projects being amended by this budget amendment are: Capital Project Fund Project Name Increasing/(Decreasing) 426 KFRC Fire Alarm Replacement & Upgrades $(17,656) 428 KFRC Ozonator $140,000 450 Fire Protection Area #1 Exterior Improvement $(2,134) 469 East Elementary Roof $10,000 469 Island Wide UST Removal/Replacement $5,000 469 removed 6/09 Borough Building Rehab $(1,908,182) 469 removed 6/09 Borough Building Abatement $1,908,182 469 Main Elementary Roof Replacement $650,000 490 Leachate Aeration $2,500,000 AGENDA ITEM #10.A. Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Isla...Page 17 of 112 KODIAK ISLAND BOROUGH STAFF REPORT JULY 7, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough 469 Landfill Stage 3 Closure $2,750,000 ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #10.A. Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Isla...Page 18 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2022-02B Page 1 of 3 Version 2 Introduced by: Finance Department thru the Mayor 1 Drafted by: Finance Director 2 Introduced on: 06/16/2022 3 Public Hearing Date: 07/07/2022 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2022-02B 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 ORDINANCE NO. FY2022-02, FISCAL YEAR 2022 BUDGET, BY AMENDING BUDGETS TO 10 ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDING FOR 11 ADDITIONAL EXPENDITURES, AND MOVING FUNDS BETWEEN PROJECTS 12 13 WHEREAS, Womens Bay Road Service requests an additional $31,000 of existing fund 14 balance to pay for snow removal and road maintenance; and 15 16 WHEREAS, Service District #1 requests an additional $45,000 of existing fund balance to pay 17 for snow removal and road maintenance; and 18 19 WHEREAS, Monashka Bay Road Service requests an additional $65,000 $25,000 of existing 20 fund balance to pay for snow removal and road maintenance; and 21 22 WHEREAS, Bay View Road Service requests an additional $25,000 of existing fund balance to 23 pay for snow removal and road maintenance; and 24 25 WHEREAS, Mission Lake Tide Gate requests an additional $1,500 of existing fund balance to 26 pay for repair and maintenance; and 27 28 WHEREAS, Tourism Development requests an additional $200 of existing fund balance to pay 29 for office supplies; and 30 31 WHEREAS, Commercial Passenger Vessel requests an additional $155,000 of existing fund 32 balance to pay for MOA FY22-35 authorizing the Portland Loo Project; and 33 34 WHEREAS, staff requests a budget increase of $650,000 for the Main Roof Replacement 35 project which is reimbursed by the Kodiak Island Borough School District per MOA FY22-23, and 36 37 WHEREAS, staff requests a transfer of $5,000 from the Buildings & Grounds fund to the Island 38 Wide UST Removal/ Replacement project; and 39 40 WHEREAS, staff requests a transfer of $10,000 from the Buildings & Ground fund to the East 41 Elementary Roof Replacement project, and 42 43 WHEREAS, staff requests to return $17,656 of unexpended Capital Project funds to the Kodiak 44 Fisheries Research Center fund from the KFRC Fire Alarm Replacement & Upgrades project; and 45 AGENDA ITEM #10.A. Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Isla...Page 19 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2022-02B Page 2 of 3 Version 2 46 WHEREAS, staff requests to return $2,134 of unexpended Capital Project funds to the Fire 47 Protection #1 fund from the Fire Protection Area #1 Exterior Improvement project; and 48 49 WHEREAS, staff requests a reallocation of $1,908,182 within Capital Project Renewal and 50 Replacement fund from Borough Building Rehab project to Borough Building 51 Abatement/Mechanical Upgrades project. 52 53 WHEREAS, staff requests a transfer of $2,500,000 from the Solid Waste Disposal & Collection 54 fund to the Leachate Aeration project; and 55 56 WHEREAS, staff requests a transfer of $2,750,000 from the Solid Waste Disposal & Collection 57 fund to the Landfill Stage 3 Closure project; and 58 59 WHEREAS, staff requests a transfer of $140,000 from the Kodiak Fisheries Research Center 60 (KFRC) fund to the KFRC Ozonator project; and 61 62 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 63 BOROUGH THAT: 64 65 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 66 Kodiak Island Borough Code of Ordinances. 67 68 Section 2: The following budget amendments are made and supplemental appropriations are 69 approved: 70 71 Additional Appropriations: 72 Fund – Department/Project # Amount of Budget Increase and Additional Appropriation 240 Womens Bay Road Service $31,000 242 Service Area #1 $45,000 244 Monashka Bay Road Service $65,000 $25,000 246 Bay View Road Service $25,000 262 Mission Lake Tide Gate $1,500 277 Tourism Development $200 278 Commercial Passenger Vessel $155,000 469 Renewal & Replacement (R&R) / #22003 $650,000 73 Transfer Appropriations: 74 Fund – Department Transferring Out Fund – Department/Project Transferring In Transfer Amount 220 Building & Grounds 469 R&R / #11009 $5,000 220 Building & Grounds 469 R&R / #22004 $10,000 AGENDA ITEM #10.A. Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Isla...Page 20 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2022-02B Page 3 of 3 Version 2 426 Capital Projects/ #19004 555 KFRC $17,656 450 Capital Projects / #19009 250 Fire Protection Area #1 $2,134 469 R&R / #13006 469 R&R / #20005 $1,908,182 530 Solid Waste 490 Capital Projects / #19012 $2,500,000 530 Solid Waste 490 Capital Projects / #21009 $2,750,000 555 KFRC 428 Capital Projects / # 22000 $140,000 75 76 Effective Date: This ordinance takes effect upon adoption. 77 78 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 79 THIS __________ DAY OF _______________, 2022 80 81 KODIAK ISLAND BOROUGH 82 83 ATTEST: 84 ___________________________ 85 William Roberts, Mayor ___________________________ 86 Nova Javier, Interim Borough Clerk 87 88 VOTES: 89 Ayes: 90 Noes: 91 AGENDA ITEM #10.A. Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Isla...Page 21 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2022-02B Page 1 of 3 Introduced by: Finance Department thru the Mayor 1 Drafted by: Finance Director 2 Introduced on: 06/16/2022 3 Public Hearing Date: 07/07/2022 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2022-02B 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 ORDINANCE NO. FY2022-02, FISCAL YEAR 2022 BUDGET, BY AMENDING BUDGETS TO 10 ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDING FOR 11 ADDITIONAL EXPENDITURES, AND MOVING FUNDS BETWEEN PROJECTS 12 13 WHEREAS, Womens Bay Road Service requests an additional $31,000 of existing fund 14 balance to pay for snow removal and road maintenance; and 15 16 WHEREAS, Service District #1 requests an additional $45,000 of existing fund balance to pay 17 for snow removal and road maintenance; and 18 19 WHEREAS, Monashka Bay Road Service requests an additional $25,000 of existing fund 20 balance to pay for snow removal and road maintenance; and 21 22 WHEREAS, Bay View Road Service requests an additional $25,000 of existing fund balance to 23 pay for snow removal and road maintenance; and 24 25 WHEREAS, Mission Lake Tide Gate requests an additional $1,500 of existing fund balance to 26 pay for repair and maintenance; and 27 28 WHEREAS, Tourism Development requests an additional $200 of existing fund balance to pay 29 for office supplies; and 30 31 WHEREAS, Commercial Passenger Vessel requests an additional $155,000 of existing fund 32 balance to pay for MOA FY22-35 authorizing the Portland Loo Project; and 33 34 WHEREAS, staff requests a budget increase of $650,000 for the Main Roof Replacement 35 project which is reimbursed by the Kodiak Island Borough School District per MOA FY22-23, and 36 37 WHEREAS, staff requests a transfer of $5,000 from the Buildings & Grounds fund to the Island 38 Wide UST Removal/ Replacement project; and 39 40 WHEREAS, staff requests a transfer of $10,000 from the Buildings & Ground fund to the East 41 Elementary Roof Replacement project, and 42 43 WHEREAS, staff requests to return $17,656 of unexpended Capital Project funds to the Kodiak 44 Fisheries Research Center fund from the KFRC Fire Alarm Replacement & Upgrades project; and 45 AGENDA ITEM #10.A. Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Isla...Page 22 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2022-02B Page 2 of 3 46 WHEREAS, staff requests to return $2,134 of unexpended Capital Project funds to the Fire 47 Protection #1 fund from the Fire Protection Area #1 Exterior Improvement project; and 48 49 WHEREAS, staff requests a reallocation of $1,908,182 within Capital Project Renewal and 50 Replacement fund from Borough Building Rehab project to Borough Building 51 Abatement/Mechanical Upgrades project. 52 53 WHEREAS, staff requests a transfer of $2,500,000 from the Solid Waste Disposal & Collection 54 fund to the Leachate Aeration project; and 55 56 WHEREAS, staff requests a transfer of $2,750,000 from the Solid Waste Disposal & Collection 57 fund to the Landfill Stage 3 Closure project; and 58 59 WHEREAS, staff requests a transfer of $140,000 from the Kodiak Fisheries Research Center 60 (KFRC) fund to the KFRC Ozonator project; and 61 62 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 63 BOROUGH THAT: 64 65 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 66 Kodiak Island Borough Code of Ordinances. 67 68 Section 2: The following budget amendments are made and supplemental appropriations are 69 approved: 70 71 Additional Appropriations: 72 Fund – Department/Project # Amount of Budget Increase and Additional Appropriation 240 Womens Bay Road Service $31,000 242 Service Area #1 $45,000 244 Monashka Bay Road Service $25,000 246 Bay View Road Service $25,000 262 Mission Lake Tide Gate $1,500 277 Tourism Development $200 278 Commercial Passenger Vessel $155,000 469 Renewal & Replacement (R&R) / #22003 $650,000 73 Transfer Appropriations: 74 Fund – Department Transferring out Fund – Department/Project Transferring In Transfer Amount 220 Building & Grounds 469 R&R / #11009 $5,000 220 Building & Grounds 469 R&R / #22004 $10,000 AGENDA ITEM #10.A. Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Isla...Page 23 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2022-02B Page 3 of 3 426 Capital Projects/ #19004 555 KFRC $17,656 450 Capital Projects / #19009 250 Fire Protection Area #1 $2,134 469 R&R / #13006 469 R&R / #20005 $1,908,182 530 Solid Waste 490 Capital Projects / #19012 $2,500,000 530 Solid Waste 490 Capital Projects / #21009 $2,750,000 555 KFRC 428 Capital Projects / # 22000 $140,000 75 76 Effective Date: This ordinance takes effect upon adoption. 77 78 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 79 THIS __________ DAY OF _______________, 2022 80 81 KODIAK ISLAND BOROUGH 82 83 ATTEST: 84 ___________________________ 85 William Roberts, Mayor ___________________________ 86 Nova Javier, Interim Borough Clerk 87 88 VOTES: 89 Ayes: 90 Noes: 91 AGENDA ITEM #10.A. Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Isla...Page 24 of 112 Project - 11009 Island Wide UST Removal/ Replacement (469-614)Active REVENUES 567,931.00 567,931.00 .00 100 EXPENSES 567,931.00 569,459.07 .00 (1,528.07)100 Project 11009 - Island Wide UST Removal/ Replacement (469-614)Net $0.00 ($1,528.07)$1,528.07 +++ Project - 12010 Anton Larsen Dock (430-530)Active REVENUES 2,100,000.00 1,848,573.50 251,426.50 88 EXPENSES 2,100,000.00 1,848,573.50 .00 251,426.50 88 Project 12010 - Anton Larsen Dock (430-530)Net $0.00 $0.00 $0.00 +++ Project - 13006 Borough Building Rehab (469-614)Active REVENUES 1,931,702.00 1,931,702.00 .00 100 EXPENSES 1,931,702.00 23,519.82 .00 1,908,182.18 1 Project 13006 - Borough Building Rehab (469-614)Net $0.00 $1,908,182.18 ($1,908,182.18)+++ Project - 16003 Chiniak Emergency Shelter Rebuild (450-565)Active REVENUES 670,958.00 810,913.57 (139,955.57)121 EXPENSES 670,958.00 745,786.38 2,861.90 (77,690.28)112 Project 16003 - Chiniak Emergency Shelter Rebuild (450-565)Net $0.00 $65,127.19 ($62,265.29)+++ Project - 17002 Baler Building Siding & Roof (490-566)Completed REVENUES 975,000.00 983,382.44 (8,382.44)101 EXPENSES 975,000.00 983,382.44 .00 (8,382.44)101 Project 17002 - Baler Building Siding & Roof (490-566)Net $0.00 $0.00 $0.00 +++ Project - 18005 Baler Building UST Removal/Replacement (490-566)Active REVENUES 235,000.00 235,000.00 .00 100 EXPENSES 235,000.00 212,948.30 5,000.00 17,051.70 93 Project 18005 - Baler Building UST Removal/Replacement (490-566)Net $0.00 $22,051.70 ($17,051.70)+++ Project - 19003 KFRC Seawater Storage & Filter Vessels (426-805)Active REVENUES 30,000.00 30,000.00 .00 100 EXPENSES 30,000.00 .00 .00 30,000.00 0 Project 19003 - KFRC Seawater Storage & Filter Vessels (426-805)Net $0.00 $30,000.00 ($30,000.00)+++ Project - 19004 KFRC Fire Alarm Replacement & Upgrades (426-805)Active REVENUES 260,000.00 260,000.00 .00 100 EXPENSES 260,000.00 242,343.60 .00 17,656.40 93 Project 19004 - KFRC Fire Alarm Replacement & Upgrades (426-805)Net $0.00 $17,656.40 ($17,656.40)+++ Project - 19008 CAMA/ Collection Software Upgrade (415-569)Active REVENUES 600,000.00 600,000.00 .00 100 EXPENSES 600,000.00 .00 .00 600,000.00 0 Project 19008 - CAMA/ Collection Software Upgrade (415-569)Net $0.00 $600,000.00 ($600,000.00)+++ Project - 19009 Fire Protection Area # 1 Exterior Improvement (450- 550) Active REVENUES 420,000.00 420,000.00 .00 100 EXPENSES 420,000.00 417,866.36 .00 2,133.64 99 Project 19009 - Fire Protection Area # 1 Exterior Improvement (450-550)Net $0.00 $2,133.64 ($2,133.64)+++ Project - 19011 Womens Bay Fire Kitchen Remodel (450-550)Active REVENUES 25,000.00 25,000.00 .00 100 EXPENSES 25,000.00 .00 .00 25,000.00 0 Project 19011 - Womens Bay Fire Kitchen Remodel (450-550)Net $0.00 $25,000.00 ($25,000.00)+++ Run by Dria Bray-Holloway on 06/03/2022 04:16:57 PM Page 1 of 5 Current active Capital projects Life-to-Date Through 05/30/22 Project Number Project Description Status Budget Actual Encumbered Balance % of Budget AGENDA ITEM #10.A.Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Isla...Page 25 of 112 Project - 19012 Leachate Aeration (490-712)Active REVENUES 388,000.00 388,000.00 .00 100 EXPENSES 388,000.00 303,411.08 2,471,919.52 (2,387,330.60)715 Project 19012 - Leachate Aeration (490-712)Net $0.00 $84,588.92 $2,387,330.60 +++ Project - 19013 Junk Car Removal (415-538)Active REVENUES 25,200.00 25,200.00 .00 100 EXPENSES 25,200.00 19,912.80 .00 5,287.20 79 Project 19013 - Junk Car Removal (415-538)Net $0.00 $5,287.20 ($5,287.20)+++ Project - 19014 Fuel Leak Cleanup @ Hospital 540-740 ( reimbursable)Active REVENUES 150,000.00 150,000.00 .00 100 EXPENSES 150,000.00 192,334.26 .00 (42,334.26)128 Project 19014 - Fuel Leak Cleanup @ Hospital 540-740 ( reimbursable)Net $0.00 ($42,334.26)$42,334.26 +++ Project - 19015 Aerial Imagery (415-)Active REVENUES 40,000.00 40,000.00 .00 100 EXPENSES 40,000.00 .00 .00 40,000.00 0 Project 19015 - Aerial Imagery (415-)Net $0.00 $40,000.00 ($40,000.00)+++ Project - 20001 PKIMC New Fuel Tank (495-537)Active REVENUES 370,000.00 370,000.00 .00 100 EXPENSES 370,000.00 225,970.63 129,558.75 14,470.62 96 Project 20001 - PKIMC New Fuel Tank (495-537)Net $0.00 $144,029.37 ($14,470.62)+++ Project - 20003 PKIMC Retaining Wall (495-537)Active REVENUES 2,835,000.00 2,835,000.00 .00 100 EXPENSES 2,835,000.00 2,528,480.15 66,082.22 240,437.63 92 Project 20003 - PKIMC Retaining Wall (495-537)Net $0.00 $306,519.85 ($240,437.63)+++ Project - 20004 KFRC Exterior ( 426-805)Active REVENUES 150,000.00 150,000.00 .00 100 EXPENSES 150,000.00 97,413.07 38,983.72 13,603.21 91 Project 20004 - KFRC Exterior ( 426-805)Net $0.00 $52,586.93 ($13,603.21)+++ Project - 20005 Borough Building Abatement/ Mechanical Upgrades (469-614) Active REVENUES 1,275,000.00 1,275,000.00 .00 100 EXPENSES 1,275,000.00 157,078.49 996,625.42 121,296.09 90 Project 20005 - Borough Building Abatement/ Mechanical Upgrades (469-614)Net $0.00 $1,117,921.51 ($121,296.09)+++ Project - 20006 PKIMC Structural Analysis & Project List Development (495-537) Active REVENUES 50,000.00 50,000.00 .00 100 EXPENSES 50,000.00 38,122.05 4,234.00 7,643.95 85 Project 20006 - PKIMC Structural Analysis & Project List Development (495-537)Net $0.00 $11,877.95 ($7,643.95)+++ Project - 20007 KIBSD Auxiliary Gym Design (415-539)Active REVENUES 60,000.00 50,793.50 9,206.50 85 EXPENSES 60,000.00 61,128.32 .00 (1,128.32)102 Project 20007 - KIBSD Auxiliary Gym Design (415-539)Net $0.00 ($10,334.82)$10,334.82 +++ Project - 20008 North Star Elementary Siding 470-536 Active REVENUES 1,369,506.00 970,086.32 399,419.68 71 EXPENSES 1,369,506.00 374,857.26 815,652.90 178,995.84 87 Run by Dria Bray-Holloway on 06/03/2022 04:16:57 PM Page 2 of 5 Current active Capital projects Life-to-Date Through 05/30/22 Project Number Project Description Status Budget Actual Encumbered Balance % of Budget AGENDA ITEM #10.A.Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Isla...Page 26 of 112 Project 20008 - North Star Elementary Siding 470-536 Net $0.00 $595,229.06 $220,423.84 +++ Project - 20009 Salonie Creek Culvert Replacement Project (455-550)Active REVENUES 370,359.00 176,737.09 193,621.91 48 EXPENSES 370,359.00 122,123.49 36,109.00 212,126.51 43 Project 20009 - Salonie Creek Culvert Replacement Project (455-550)Net $0.00 $54,613.60 ($18,504.60)+++ Project - 20020 KIBSD Auditorium Upgrade Reimbursable (415-539)Active REVENUES 27,000.00 .00 27,000.00 0 EXPENSES 27,000.00 1,003.76 23,643.50 2,352.74 91 Project 20020 - KIBSD Auditorium Upgrade Reimbursable (415-539)Net $0.00 ($1,003.76)$24,647.26 +++ Project - 20021 Tsunami Siren Upgrades - 2020 (455-550)Active REVENUES 622,527.00 628,985.36 (6,458.36)101 EXPENSES 622,527.00 523,944.33 .00 98,582.67 84 Project 20021 - Tsunami Siren Upgrades - 2020 (455-550)Net $0.00 $105,041.03 ($105,041.03)+++ Project - 20022 Fuel Tank Line Leak - Long Term Care (545-743)Active REVENUES .00 .00 .00 +++ EXPENSES .00 285,714.62 .00 (285,714.62)+++ Project 20022 - Fuel Tank Line Leak - Long Term Care (545-743)Net $0.00 ($285,714.62)$285,714.62 +++ Project - 20023 ADF&G Fuel Spill Active REVENUES .00 .00 .00 +++ EXPENSES .00 .00 .00 .00 +++ Project 20023 - ADF&G Fuel Spill Net $0.00 $0.00 $0.00 +++ Project - 20024 Chiniak Water System (455-550)Active REVENUES 75,000.00 75,000.00 .00 100 EXPENSES 75,000.00 15,434.41 .00 59,565.59 21 Project 20024 - Chiniak Water System (455-550)Net $0.00 $59,565.59 ($59,565.59)+++ Project - 21000 PKIMC Fire Alarm Replacement & Upgrade (497-567)Active REVENUES 726,000.00 726,000.00 .00 100 EXPENSES 726,000.00 33,518.00 44,742.00 647,740.00 11 Project 21000 - PKIMC Fire Alarm Replacement & Upgrade (497-567)Net $0.00 $692,482.00 ($647,740.00)+++ Project - 21001 KFRC Fume Hoods (428-805)Active REVENUES 190,000.00 190,000.00 .00 100 EXPENSES 190,000.00 22,497.29 154,290.50 13,212.21 93 Project 21001 - KFRC Fume Hoods (428-805)Net $0.00 $167,502.71 ($13,212.21)+++ Project - 21002 Saltery Cove Trail System Access & Improvement Project (432-140) Active REVENUES 361,918.00 45,299.68 316,618.32 13 EXPENSES 361,918.00 33,595.67 12,170.00 316,152.33 13 Project 21002 - Saltery Cove Trail System Access & Improvement Project (432-140)Net $0.00 $11,704.01 $465.99 +++ Project - 21003 NOAA Hazmat Shed Reimbursable by NOAA (555-758)Active REVENUES 12,950.00 12,477.50 472.50 96 EXPENSES 12,950.00 3,807.56 .00 9,142.44 29 Project 21003 - NOAA Hazmat Shed Reimbursable by NOAA (555-758)Net $0.00 $8,669.94 ($8,669.94)+++ Project - 21004 Sargent Creek Park Upgrades (252-215)Active REVENUES .00 .00 .00 +++ EXPENSES .00 .00 .00 .00 +++ Run by Dria Bray-Holloway on 06/03/2022 04:16:57 PM Page 3 of 5 Current active Capital projects Life-to-Date Through 05/30/22 Project Number Project Description Status Budget Actual Encumbered Balance % of Budget AGENDA ITEM #10.A.Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Isla...Page 27 of 112 Project 21004 - Sargent Creek Park Upgrades (252-215)Net $0.00 $0.00 $0.00 +++ Project - 21005 Emergency Boro Bldg. Boiler Repair (415-568)Active REVENUES 28,000.00 28,000.00 .00 100 EXPENSES 28,000.00 27,155.83 .00 844.17 97 Project 21005 - Emergency Boro Bldg. Boiler Repair (415-568)Net $0.00 $844.17 ($844.17)+++ Project - 21007 Long Term Care Center Fuel Line Replacement (445- 742) Active REVENUES 85,000.00 85,000.00 .00 100 EXPENSES 85,000.00 66,387.88 .00 18,612.12 78 Project 21007 - Long Term Care Center Fuel Line Replacement (445-742)Net $0.00 $18,612.12 ($18,612.12)+++ Project - 21008 Peterson Elementary Roof Replacement (415-539)Active REVENUES 25,000.00 25,000.00 .00 100 EXPENSES 25,000.00 18,357.41 45,786.00 (39,143.41)257 Project 21008 - Peterson Elementary Roof Replacement (415-539)Net $0.00 $6,642.59 $39,143.41 +++ Project - 21009 Landfill Stage 3 Closure (490-713)Active REVENUES 100,000.00 100,000.00 .00 100 EXPENSES 100,000.00 105,366.77 1,985,008.31 (1,990,375.08)2,090 Project 21009 - Landfill Stage 3 Closure (490-713)Net $0.00 ($5,366.77)$1,990,375.08 +++ Project - 22000 KFRC Ozonator (428-805)Active REVENUES 40,000.00 40,000.00 .00 100 EXPENSES 40,000.00 53,368.61 115,341.54 (128,710.15)422 Project 22000 - KFRC Ozonator (428-805)Net $0.00 ($13,368.61)$128,710.15 +++ Project - 22001 Alaska Community Health Funds (COVID-19) - (432- 808) Active REVENUES 513,947.00 504,214.87 9,732.13 98 EXPENSES 513,947.00 396,404.48 .00 117,542.52 77 Project 22001 - Alaska Community Health Funds (COVID-19) - (432-808)Net $0.00 $107,810.39 ($107,810.39)+++ Project - 22002 American Relief Plan [ARPA] (432-321)Active REVENUES 150,000.00 .00 150,000.00 0 EXPENSES 150,000.00 281.40 17,500.00 132,218.60 12 Project 22002 - American Relief Plan [ARPA] (432-321)Net $0.00 ($281.40)$17,781.40 +++ Project - 22003 Main Elementary Roof Replacement (469-614)Active REVENUES 75,000.00 75,000.00 .00 100 EXPENSES 75,000.00 43,321.88 606,374.00 (574,695.88)866 Project 22003 - Main Elementary Roof Replacement (469-614)Net $0.00 $31,678.12 $574,695.88 +++ Project - 22004 East Elementary Roof Replacement (469-614)Active REVENUES 10,000.00 .00 10,000.00 0 EXPENSES 10,000.00 1,689.68 3,527.50 4,782.82 52 Project 22004 - East Elementary Roof Replacement (469-614)Net $0.00 ($1,689.68)$5,217.18 +++ Project - 22006 Local Government Lost Revenue Relief (432-322)Active REVENUES .00 1,925,939.01 (1,925,939.01)+++ EXPENSES .00 .00 .00 .00 +++ Project 22006 - Local Government Lost Revenue Relief (432-322)Net $0.00 $1,925,939.01 ($1,925,939.01)+++ Project - 22007 Mental Health Facilities Assessment (220-233)Active REVENUES 25,000.00 .00 25,000.00 0 Run by Dria Bray-Holloway on 06/03/2022 04:16:57 PM Page 4 of 5 Current active Capital projects Life-to-Date Through 05/30/22 Project Number Project Description Status Budget Actual Encumbered Balance % of Budget AGENDA ITEM #10.A.Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Isla...Page 28 of 112 EXPENSES 25,000.00 580.83 21,342.00 3,077.17 88 Project 22007 - Mental Health Facilities Assessment (220-233)Net $0.00 ($580.83)$21,922.83 +++ Project - 22008 KFRC Facility Fuel Spill (415-553) - Reimburseable Active REVENUES .00 .00 .00 +++ EXPENSES .00 2,177.49 .00 (2,177.49)+++ Project 22008 - KFRC Facility Fuel Spill (415-553) - Reimburseable Net $0.00 ($2,177.49)$2,177.49 +++ Grand Totals REVENUES 17,965,998.00 18,654,235.84 (688,237.84)104 EXPENSES 17,965,998.00 10,799,318.97 7,596,752.78 (430,073.75)102 Grand Totals Net $0.00 $7,854,916.87 ($258,164.09)+++ Run by Dria Bray-Holloway on 06/03/2022 04:16:57 PM Page 5 of 5 Current active Capital projects Life-to-Date Through 05/30/22 Project Number Project Description Status Budget Actual Encumbered Balance % of Budget AGENDA ITEM #10.A.Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Isla...Page 29 of 112 KODIAK ISLAND BOROUGH STAFF REPORT JULY 7, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2023-03 Amending Pertinent Sections in Kodiak Island Borough Code Chapter 2 Administration and Personnel to Amend the Mayor and Assembly Compensation ORIGINATOR: Nova Javier, Borough Clerk RECOMMENDATION: Move to adopt Ordinance No. FY2023-03. DISCUSSION: The Assembly appropriated sufficient funds in the fiscal year 2023 budget to provide for an increase in the monthly allowance paid to the Mayor and Assembly. The last review and increase of the mayor and assembly compensation was from August 2007. ALTERNATIVES: FISCAL IMPACT: Account sources: 100-100-410.106 and 100-100-410.108 OTHER INFORMATION: Alaska Statutes Title 29, Sec. 29.20.620. Compensation for elected officials. The governing body shall by ordinance provide a method of determining the salaries of elected officials. The salary of the mayor may not be reduced during the term of office of the mayor, unless during the term a manager plan is adopted. An elected official may not receive compensation for service to the municipality in addition to the salary received as an elected official, unless otherwise provided by ordinance. Per diem payments or reimbursements for expenses are not compensation under this section. AGENDA ITEM #10.B. Ordinance No. FY2023-03 Amending Pertinent Sections in Kodiak Island Bor...Page 30 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-03 Page 1 of 2 Introduced by: Borough Assembly 1 Drafted by: Borough Clerk 2 Introduced on: 06/16/2022 3 Public Hearing Date: 07/07/2022 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2023-03 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 PERTINENT SECTIONS IN KODIAK ISLAND BOROUGH CODE CHAPTER 2 10 ADMINISTRATION AND PERSONNEL TO AMEND THE MAYOR AND ASSEMBLY 11 COMPENSATION 12 13 WHEREAS, per Alaska Statutes 29.20.620, Compensation for elected officials, the governing 14 body shall by ordinance provide a method of determining the salaries of elected officials; and 15 16 WHEREAS, the Assembly appropriated sufficient funds in the fiscal year 2023 budget to 17 provide for an increase in the monthly allowance paid to the governing body; and 18 19 WHEREAS, the last review and increase of the mayor and assembly compensation was from 20 August 2007; and 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: Section 2.20.070, Miscellaneous, of the Kodiak Island Borough Code of Ordinances 29 is amended to read as follows: 30 31 A. Compensation and Expenses. 32 1. The mayor’s compensation shall be $500700.00 per month. 33 2. Expenses of the mayor, other than transportation and per diem for approved travel, 34 incurred because of borough activities, may be reimbursed by the borough only after 35 approval by the assembly. 36 … 37 38 Section 3: Section 2.30.100 Miscellaneous of the Kodiak Island Borough Code of Ordinances is 39 amended to read as follows: 40 … 41 E. Compensation and Expenses. 42 1. Assembly members’ compensation shall be $300 500.00 per month. 43 AGENDA ITEM #10.B. Ordinance No. FY2023-03 Amending Pertinent Sections in Kodiak Island Bor...Page 31 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-03 Page 2 of 2 2. Expenses of assembly members, other than transportation and per diem for approved 44 travel, incurred because of borough activities, may be reimbursed by the borough only 45 after approval by the assembly. 46 … 47 48 Effective Date: This ordinance takes effect retroactive to July 1, 2023. 49 50 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 51 THIS DAY OF , 2022 52 53 KODIAK ISLAND BOROUGH 54 55 ATTEST: 56 ___________________________ 57 William Roberts, Mayor ______________________________ 58 Nova M. Javier, MMC, Borough Clerk 59 60 VOTES: 61 Ayes: 62 Noes: 63 AGENDA ITEM #10.B. Ordinance No. FY2023-03 Amending Pertinent Sections in Kodiak Island Bor...Page 32 of 112 KODIAK ISLAND BOROUGH STAFF REPORT JULY 7, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2023-04 Amending Various Sections Of Title 2 Administration And Personnel, Chapter 2.100 Boards, Committees Relevant To Appointments Of Borough Employees To Different Boards, Committees, And Commissions ORIGINATOR: Nova Javier, Borough Clerk RECOMMENDATION: Move to adopt Ordinance No. FY2023-04. DISCUSSION: The attached ordinance is presented at the request of Assembly members. This is to consider the prohibition of borough employees from serving on borough boards, co mmittees, and commission in order to uphold, promote, and demand the highest standards of ethics from all of its employees and officials. This ordinance does not address elected officials or borough employees serving on service area boards. KIBC 7.20.020 (C) authorizes employees on service area boards. KIBC 2.110.030 for the Emergency Services Council includes a manager’s designee who may be an employee. This ordinance is not intended to alter those provisions. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #10.C. Ordinance No. FY2023-04 Amending Various Sections Of Title 2 Administrat...Page 33 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-04 Page 1 of 3 Introduced by: Borough Assembly 1 Drafted by: Borough Clerk and Attorney 2 Introduced on: 06/16/2022 3 Public Hearing Date: 07/07/2022 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2023-04 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 VARIOUS SECTIONS OF TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.100 10 BOARDS, COMMITTEES RELEVANT TO APPOINTMENTS OF BOROUGH EMPLOYEES TO 11 DIFFERENT BOARDS, COMMITTEES, AND COMMISSIONS 12 13 WHEREAS, it is the policy of the borough to uphold, promote, and demand the highest 14 standards of ethics from all of its employees and officials, whether elected, appointed, or hired; 15 and 16 17 WHEREAS, Borough officials and employees shall maintain the utmost standards of personal 18 integrity, truthfulness, honesty, and fairness in carrying out their public duties; avoid any 19 improprieties in their roles as public servants including the appearance of impropriety; and 20 21 WHEREAS, the Borough assembly feels that the proper operation of municipal government 22 requires all boards and commission members to remain independent, impartial and responsible 23 to the public; and 24 25 WHEREAS, currently, the Kodiak Island Borough has no regulation in place prohibiting borough 26 employees from serving on borough boards, committees, and commissions. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH that: 30 31 Section 1: Sections 2, 3 and 4 of this ordinance are of a general and permanent nature and shall 32 become a part of the Kodiak Island Borough Code of Ordinances. 33 34 Section 2: That Section 2.100.030 Appointments of the Kodiak Island Borough Code of 35 Ordinances is amended to read as follows: 36 37 Section 2.100.030 Appointments 38 A. Members of boards, committees, and commissions, except for members of the board of 39 adjustment, members of the board of equalization, and elected service area board 40 members, are appointed by the mayor and confirmed by the assembly unless otherwise 41 specifically provided elsewhere in this code. 42 43 AGENDA ITEM #10.C. Ordinance No. FY2023-04 Amending Various Sections Of Title 2 Administrat...Page 34 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-04 Page 2 of 3 B. An appointment not confirmed by the assembly shall not become effective. The mayor 44 shall appoint a new applicant until an appointment is confirmed by the assembly. The 45 mayor may not appoint again the same person whose confirmation was failed by the 46 assembly for the same board, committee, or commission until the next annual appointment 47 process unless authorized by the assembly. 48 C. Except specifically provided in a Borough ordinance or resolution, Borough employees 49 may not be appointed to, and are prohibited from serving on non-elected boards, 50 committees, or commissions in the Kodiak Island Borough including boards, committees, 51 and commissions that were jointly established with the City of Kodiak. Borough employees 52 may continue to serve as ex-officio members as provided in KIBC 2.100.170. 53 54 Section 3: That Section 2.105.010 Created—Membership (Planning and Zoning Commission) of 55 the Kodiak Island Borough Code of Ordinances is amended to read as follows: 56 57 Section 2.105.010 Created—Membership. 58 59 There is created pursuant to AS 29.40.020 a planning and zoning commission, which shall consist 60 of seven members appointed by the mayor subject to confirmation by the assembly, except that 61 a member from a home rule or first class city shall be selected from a list of recommendations 62 submitted by the council. Commission membership shall be apportioned so that the number of 63 members from home rule or first class cities within the borough reflects the proportion of borough 64 population residing within those cities. Commission membership shall be reapportioned according 65 to the fluctuation of population within the borough and its home rule and first class cities by 66 resolution of the assembly at the expiration of the terms of commission members. Borough 67 employees may be appointed to serve on the planning and zoning commission unless they are 68 employed by the community development department. Nothing in this section prevents the mayor 69 from appointing additional persons to serve in an advisory or ex officio capacity without regard to 70 apportionment of borough population. 71 72 Section 4: That Section 2.145.010 Created—Membership (Solid Waste Advisory Board) of the 73 Kodiak Island Borough Code of Ordinances is amended to read as follows: 74 75 Section 2.145.010 Created—Membership. 76 77 There is created a solid waste advisory board that shall consist of seven borough residents, 78 inclusive of the city of Kodiak, who represent a cross-section of the social and economic structure 79 of the community. Preferably, two out of the seven seats shall be designated to representatives 80 from the construction and retail business community. All members are appointed in accordance 81 with KIBC 2.100.030 and shall meet the qualifications of KIBC 2.100.040. Borough employees 82 may be appointed to serve on the solid waste advisory board unless they are employed by the 83 engineering and facilities department. There will be five nonvoting ex officio members, one of 84 which shall be an assembly member appointed by the mayor; one shall be a KIB staff member 85 appointed by the manager; one shall be a representative from the United States Coast Guard 86 AGENDA ITEM #10.C. Ordinance No. FY2023-04 Amending Various Sections Of Title 2 Administrat...Page 35 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-04 Page 3 of 3 appointed by the base commanding officer; one city of Kodiak staff member appointed by the city 87 manager; and one high school student nominated by the Kodiak High School student council, 88 appointed by the mayor with a one-year term beginning April 30th. The student member shall be 89 exempt from the qualifications of KIBC 2.100.040(A). Each ex officio member may participate in 90 all discussions. 91 92 Section 5. Savings Provision: The changes implemented by this ordinance do not truncate 93 existing terms of office of any board, committee, or commission member. Any borough employee 94 who is a member of an appointed board, committee, or commission as of the effective date of this 95 ordinance may complete their current term. The amendments made by this ordinance shall only 96 apply to any board, committee, or commission appointment or reappointment made after the 97 effective date of this ordinance. 98 99 Effective Date: This ordinance takes effect upon adoption. 100 101 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 102 THIS DAY OF , 2022 103 104 KODIAK ISLAND BOROUGH 105 106 ATTEST: 107 ___________________________ 108 William Roberts, Mayor ______________________________ 109 Nova M. Javier, MMC, Borough Clerk 110 111 VOTES: 112 Ayes: 113 Noes: 114 AGENDA ITEM #10.C. Ordinance No. FY2023-04 Amending Various Sections Of Title 2 Administrat...Page 36 of 112 KODIAK ISLAND BOROUGH STAFF REPORT JULY 7, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordinances Title 7 Elections ORIGINATOR: Nova Javier, Borough Clerk RECOMMENDATION: Move to adopt Ordinance No. FY2023-05. DISCUSSION: The Assembly reviewed the initial draft of this ordinance on June 9, 2022, work session. From that discussion, a version 2 was presented. At the June 16 Regular Meeting, the Assembly requested a summary sheet to compare the changes made from Version 1 to Version 2. Attached in the packet is that summary. Original Agenda Summary The last all-inclusive change to Title 7 was from May 2009. It is timely to review and revise the current code and find ways to simplify and streamline the process. The Clerk's Of fice staff went through each section in the entire Title 7 and proposed revisions. All the revisions were reviewed by the Borough attorney to make sure that voter's rights are protected and all applicable statutes are followed. The Borough Assembly reviewed the initial draft at the June 9, 2022, work session. Version 2 of the ordinance is now presented with revisions that staff recognized that there may be Assembly consensus. Comments are on the right hand side of the pages where changes have been made. We are ever mindful of the rising cost of running an election. This code revision scrutinized various ways of reducing costs by exploring other avenues of advertising and eliminating redundancy. This code also takes into consideration that we are now subj ect with the Voting Rights Act, Section 203 and we are going to be doubling our costs by advertising in English and in the Filipino language. There will or may be costs associated also with translation services and pamphlet printing in Filipino. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Historical Amendments to the Elections Code September 2021, Ordinance No. FY2022-05, KIBC 7.30.020 Precincts and Polling Places May 2012, Ordinance No. FY2012-16, Portions of Title 7 (special needs, running for candidacy, hand counting ballots, write-ins, Voting Rights Act) August 2011, Ordinance No. FY2012-04, Candidate Qualifications July 2020, Ordinance No. FY2021-11, Portions of Title 7 (ballot by-mail, youth workers, and early voting) November 2002, Emergency Ordinance No. FY2021-17 Election Pamphlet Making It Optional (non- codified) May 2009, Ordinance No. FY2009-19, Comprehensive Revision of Title 7 elections AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 37 of 112 Changes made to Ordinance No. 2023-05, Election Code Line Version 1 – As presented at the June 9 Work Session Line Version 2 – Revised and Introduced at the June 16 Regular Meeting 63- 65 Propositions and questions. An assembly action placing propositions and questions before the voters must be adopted not later than 60 calendar days before an election. 63- 65 Propositions and questions. An assembly action placing propositions and questions before the voters must be adopted not later than 60 calendar days before a regular or special election 84- 89 Notice of elections. (A)The clerk shall publish a notice of each regular election at least 30 days prior to the election. For special elections the publication is to be accomplished at least 20 days prior to election. 85- 90 Notice of elections. (A)The clerk shall publish a notice of each regular or special election at least 30 days prior to the election. 103- 108 Notice of existing bonded indebtedness. (C) Before a general obligation bond issue election, the clerk shall publish notice of the borough’s total existing bonded indebtedness at least once a week for three consecutive weeks This section reflects what is in Alaska Statutes. 113- 118 Need direction. Change has NOT been made yet. Assembly member Arndt would like to do four consecutive weeks instead of 3 consecutive weeks. 254- 257 Declaration of candidacy. (D) Should August 15 fall on a Saturday or Sunday, candidates shall have until noon on the first Monday following to file their declaration. 255- 258 Declaration of candidacy. (D) Should August 15 fall on a Saturday or Sunday, candidates shall have until 3 p.m. on the first Monday following to file their declaration. 331- 333 7.30.020 Precincts and polling places. (B)No later than 20 days before each regular and special election, the clerk shall publish the locations of the precinct polling places. 332- 334 7.30.020 Precincts and polling places. (B)No later than 30 days before each regular and special election, the clerk shall publish the locations of the precinct polling places. 578- 579 7.30.125 Write-in votes. (A1) If the person running as a write-in candidate has, at least 7 days before the election, filed a declaration of candidacy……. 579- 580 7.30.125 Write-in votes. (A1) If the person running as a write-in candidate has, at least before 3 p.m., 7 days before the election, filed a declaration of candidacy……. 685- 686 7.40.030 Election recounts. (A) The applicant shall include a deposit in cash or certified check for $500. 686- 687 7.40.030 Election recounts. (A) The applicant shall include a deposit in cash or certified check for $250. 766- 767 7.50.025 Early voting – in person. (E) At the close of early voting, the ballots shall be tabulated by the borough clerk and the city clerk or their designees. 767- 770 7.50.025 Early voting – in person. (E) The tabulation of early voting ballots shall not begin before 8 p.m. on election day. The ballots and voting machine shall be delivered to the receiving team who will tabulate the results, sign the tapes, and return the tapes and memory card to the clerk. The results tapes shall serve as the early voting precinct certificate of election. 908- 909 7.60.010 Election pamphlet. (B.5.c) Deletion of “A summary of statements submitted by proponents and opponents of each proposition. If only one statement is received it will not be published. “ Need direction. Change has NOT been made yet. • How are statements solicited? • How many should we add to the pamphlet? What is the limit? • Does it matter if there is only a single point of view? • Should 1 statement be published? AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 38 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 1 of 2 1 2 3 4 Introduced by: Borough Assembly Drafted by: Borough Clerk Introduced on: 06/16/2022 Public Hearing Date: 07/07/2022 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2023-05 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE 9 KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 7 ELECTIONS 10 11 WHEREAS, the Kodiak Island Borough Clerk’s Office staff determined the need to revise 12 various sections to the Election Code to bring it into compliance with recent and existing laws, 13 reflect current best practices, and meet the present needs of the voters; and 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 16 BOROUGH that: 17 18 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 19 Kodiak Island Borough Code of Ordinances. 20 21 Section 2: Title 7 of the Kodiak Island Borough Code of Ordinances is amended to read as 22 follows: 23 Title 7 24 ELECTIONS1, 2 25 Chapters: 26 7.10 General Provisions 27 7.20 Qualifications of Voters and Candidates 28 7.30 Procedures for Conduct of Elections 29 7.40 Canvassing and Certification of Election Returns 30 7.50 Absentee Voting 31 7.60 Election Pamphlet 32 7.70 Elections by Mail 33 1 For statutory provisions governing municipal elections, see AS 29.26; for provisions requiring 34 the assembly to prescribe the general rules for the conduct of municipal elections, see AS 35 29.26.010. 36 2 Editor’s note: Chapter 2.01 KIBC, adopted by Ord. 86-22-O and amended by Ord. 88-05-O 37 and Ord. 90-07, was renumbered and moved to KIBC Title 7 in January 1991 at the direction of 38 the clerk. 39 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 39 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 2 of 3 Chapter 7.10 40 GENERAL PROVISIONS 41 Sections: 42 7.10.010 Incorporation of state and federal law. 43 7.10.020 Severability. 44 7.10.025 Propositions and questions. 45 7.10.030 Liquor sales permitted. 46 7.10.040 Administration of elections. 47 7.10.050 Time of election. 48 7.10.060 Notice of elections. 49 7.10.070 Election expenses. 50 7.10.080 Election supplies and equipment. 51 7.10.090 Preservation of election ballots, papers, and materials. 52 7.10.100 Definitions. 53 7.10.010 Incorporation of state and federal law. 54 All provisions of the Constitution of the United States, the Constitution of the sState of Alaska and 55 any laws pursuant to said Constitution affecting borough elections are incorporated in this chapter 56 as if fully set out in this chapter. 57 7.10.020 Severability. 58 If any provision of this title or its application to any person or set of circumstances is held invalid, 59 the remainder of the chapter or its application to other persons or circumstances shall not be 60 affected. 61 7.10.025 Propositions and questions. 62 An ordinanceassembly action placing propositions and questions before the voters must be 63 adopted not later than 53 60 calendar days before a regular or special election, or 60 calendar 64 days before a special election. 65 7.10.030 Liquor sales permitted. 66 The provisions of AS 4.16.070(a) do not apply in the borough when elections are being held. 67 Commented [NJ1]: Fixed wording to make the 60 day requirement clear that it is applicable for both regular and special elections. AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 40 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 3 of 4 7.10.040 Administration of elections. 68 A. In this title, the assembly has prescribed the general rules for the conduct of borough 69 elections. This title shall be liberally interpreted, so as to accomplish the purposes set forth. 70 B. The clerk, in accordance with the provisions of this title, shall administer all borough elections. 71 C. At the advisce of the Director of Census, Tthe clerk ensures that the borough complies with 72 the Section 203 of the U.S. Voting Rights Act to make sure that minority-speaking residents are 73 able to exercise their right to vote. Preclearance shall be obtained from the Department of Justice 74 prior to holding a special election, as required by the Federal Voting Rights Act. 75 7.10.050 Time of election. 76 A. Regular elections shall be held on the first Tuesday in October each year. 77 B. All elected officials of the borough shall be elected at the regular election in such years as 78 their respective terms of office expire. 79 C. The polls shall be open in each precinct for the purpose of voting in accordance with the 80 established state hours for the election. 81 D. Initiative and Referendum Elections. The provisions in AS 29.26.170 shall apply for initiative 82 elections and AS 29.26.180 for referendum elections. 83 7.10.060 Notice of elections. 84 A. The clerk shall post publish a notice of each regular or special election in three public places 85 and publish at least twice in one or more newspapers of general circulation in the borough, the 86 first such publication to be accomplished at least 30 days prior to the election. For special 87 elections, the first such publication is to be accomplished at least 20 days prior to the election. 88 The clerk shall give such other notice to the public as may be required by resolution of the 89 assembly. 90 B. Each notice of election shall include: 91 1. The type of election, regular or special; 92 2. The date of the election; 93 3. The hours the polls will be open; 94 4. The offices to which candidates are to be elected; 95 5. The subjects of propositions and questions to be voted upon; 96 6. Voter qualifications and instructions for registration; 97 Commented [NJ2]: Inserted the word “special” to make the “at least 30 days prior” applicable to regular and special elections. AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 41 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 4 of 5 7. Instruction for absentee voting, early voting, and voting by-mail; and 98 8. Location of precinct polling places. 99 C. At least one day before the election, the clerk shall publish in a newspaper of general 100 circulation and post in at least three public places in the borough sample ballots with instructions 101 to voters. Sample ballots shall be substantially similar to the official ballots and shall be marked 102 “sample ballot” in place of the words “official ballot.” 103 CD. Before a general obligation bond issue election, the clerk shall publish notice of the 104 borough’s total existing bonded indebtedness at least once a week for three consecutive weeks. 105 The first notice shall be published at least 20 calendar days before the date of the election. The 106 notice shall be published in a newspaper of general circulation in the borough or, if there is no 107 newspaper of general circulation distributed in the borough, posting in three public places for at 108 least five days. The notice shall state: 109 1. The current total general obligation bonded indebtedness, including authorized but 110 unsold bonds of the borough; 111 2. The cost of the debt service on the current indebtedness; and 112 3. The total assessed valuation of property in the borough. 113 7.10.070 Election expenses. 114 A. The borough shall pay all necessary election expenses relating to the conduct of borough 115 elections., including those of securing polling places and providing ballot boxes, ballots, voting 116 booths or screens, national flags, and other supplies and any wages to election officials unless 117 otherwise provided by this code. 118 B. The borough shall pay each election officialboard member and canvass board the hourly rate 119 provided for similar election officials for state elections for the time spent at their election duties, 120 including the receiving of instructions. 121 C. Where there is no comparable rate for state election officials for state elections, early 122 and absentee voting officials shall be compensated at a rate determined by the clerk to 123 be commensurate with the duties as compared to other election officials. 124 7.10.080 Election supplies and equipment. 125 A. The clerk shall furnish to the election board of each precinct a precinct register and shall equip 126 and supply each polling place with sufficient materials for that precinct’s election, including those 127 materials required by this section. 128 Commented [NJ3]: Spells out how to publish in AS 29.71.800. This statement is to match the state definition. If further changes need to be made, those can be done at the meeting. AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 42 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 5 of 6 B. The clerk shall prepare instructions explaining to voters how to obtain ballots, how to mark 129 them, and how to obtain new ballots to replace those destroyed or spoiled. These instructions 130 shall be distributed to the election boards to be prominently displayed in each polling place. The 131 clerk shall provide booths at each polling place with appropriate supplies and conveniences to 132 enable each voter to mark the voter’s ballot screened from observation. Ballot boxes shall be 133 placed outside the voting booths in plain view of the election officials, voters, and other persons 134 at the polling place. 135 7.10.090 Preservation of election ballots, papers, and materials. 136 The clerk shall preserve all precinct election materials certificates, tallies, precinct registers, 137 receipts for ballots, all voted ballots, and declarations of candidacy filed as set by the records 138 retention schedule resolution. These materials may be destroyed after their retention period has 139 lapsed unless an application for a recount has been filed and not completed, or unless their 140 destruction is stayed by an order of the court. Certificates of the canvass board are to be 141 preserved as permanent records. 142 7.10.100 Definitions. 143 In this chapter, unless the context requires otherwise: 144 “Clerk” means the borough clerk or any properly authorized assistant or designee; 145 “Days” includes weekends and holidays; 146 “Election” includes any regular or special election of the borough; 147 “Election officials” means the clerk or the clerk’s designee, election judges, election clerks, 148 receiving/counting team, early and absentee voting officials, and canvassing boards; 149 “Election supervisor” means the clerk; 150 “Oath” includes affirmation; 151 “Precinct” means the territory established by the state; 152 “Proposition” includes question; 153 “Publishcation” means a newspaper of general circulation or posting in public places; 154 “Qualified voter” means any voter who: 155 1. Is a citizen of the United States; 156 2. Is 18 years of age or older; 157 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 43 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 6 of 7 3. Has been a resident of the sState of Alaska and of the borough for at least 30 days 158 just before the election; 159 4. Has registered at least 30 days before the election as required by AS 15.07 and is not 160 registered to vote in another jurisdiction; and 161 5. Is not disqualified under Article V of the State Constitution; 162 “Regular election” means a general election to fill assembly offices as required by KIBC 163 7.10.050(B); 164 “Special election” means any election held at a time other than when a regular election is held; 165 “Swear” includes affirm; and 166 “Voter” means a person who presents oneself for the purpose of voting, either in person or by 167 absentee ballot. 168 Chapter 7.20 169 QUALIFICATIONS OF VOTERS AND CANDIDATES 170 Sections: 171 7.20.010 Qualifications of voters. 172 7.20.015 Rules for determining residence of voter. 173 7.20.020 Candidate qualifications. 174 7.20.030 Declaration of candidacy. 175 7.20.035 Public official financial disclosure statements. 176 7.20.040 Corrections, amendments, and withdrawal of declaration of candidacy. 177 7.20.010 Qualifications of voters. 178 A. A person is qualified to vote in borough-wide elections who: 179 1. Is a citizen of the United States; 180 2. Is 18 years of age or older; 181 3. Has been a resident of the borough and the precinct in which the person seeks to vote 182 for at least 30 days preceding the election; 183 4. Is registered to vote in state elections at a residence address within a municipality at 184 least 30 days before the election at which the person seeks to vote; 185 5. Has registered before the election as required under AS 15.07 and is not registered to 186 vote in another jurisdiction; and 187 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 44 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 7 of 8 6. Is not disqualified under Article V of the State Constitution. 188 B. A person is qualified to vote in a service area election if the person meets the requirements 189 of subsection A of this section and has been a resident of the service area in which the person 190 seeks to vote for at least 30 days immediately preceding the election. 191 C. If a voter’s polling place is in question, a voter shall be allowed to vote and any election official 192 shall consider the ballot as a questioned ballot. 193 7.20.015 Rules for determining residence of voter. 194 For the purpose of determining residence for voting, the place of residence is governed by the 195 following rules: 196 A. The residence of a person is that place in which habitation is fixed and to which, whenever 197 the person is absent, the person has intention to return. If a person resides in one place but does 198 business in another, the former is the person’s place of residence. There can only be one 199 residence. 200 B. A person does not gain or lose residence solely by reason of the person’s presence while 201 employed in the service of the United States or of this state, or while a student of an institution of 202 learning, while in an institution or asylum at public expense, or while confined in a public prison 203 or while residing upon an Indian or military reservation. 204 C. No member of the armed forces of the United States, the person’s spouse or dependent is a 205 resident of this state solely by reason of being stationed in the state. 206 D. A person does not lose residence if the person leaves home and goes to another country, 207 state, or place in this state for temporary purposes only and with the intent of returning. 208 E. A person does not gain a residence in a place to which the person’s comes without a present 209 intent to establish a permanent dwelling there. 210 F. A person loses residence in this state if the person votes in another state’s election, either in 211 person or by absentee ballot, and will not be eligible to vote in this state until again qualifying 212 under AS 15.05.010 and this chapter. 213 G. The term of residence is computed by including the day on which the person’s residence 214 commences and by excluding the day of the election. 215 7.20.020 Candidate qualifications. 216 A. Candidates for mayor, assembly, and school board must be qualified voters of the borough 217 and residents of the borough for one year at the time of filing. 218 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 45 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 8 of 9 B. A person may not serve simultaneously as mayor and as a member of the assembly, as 219 mayor and a member of the school board, or as a member of the assembly and member of the 220 school board. 221 C. No elected official of the borough, except members of service areas boards, may hold any 222 other compensated borough office or borough employment, or elected position in the state or 223 federal government, while in office. 224 D. No person shall be a candidate for more than one assembly seat at any election. 225 E. Candidates for service area boards must be qualified voters of the borough and residents of 226 the service area for at least 30 days immediately preceding filing for office. 227 F. Candidates shall provide proof that they are eligible, or shall be eligible by the date of the 228 election, to be recognized as a candidate for any election. 229 G. Write-in candidates for mayor, assembly, and school board shall file an Alaska Public Offices 230 Commission (APOC) official financial disclosure statement with the clerk as required by the 231 provisions of AS 39.50. 232 7.20.030 Declaration of candidacy. 233 A. At least 75 days before each regular election, the clerk shall publish in one or more 234 newspapers of general circulation in the borough a notice of offices to be filled at the election and 235 the procedure for filing a declaration of candidacy. 236 B. Packets containing declarations of candidacy shall be available from the clerk’s office no later 237 than the day the filing period opens. Declarations of candidacy shall be submitted in original form 238 and may be submitted electronically; provided, that the original is received by the clerk before the 239 close of the filing period. 240 C. A declaration of candidacy shall be in a form provided by the clerk and shall state the 241 following: 242 1. The full name of the candidate, and the manner in which the candidate wishes the 243 candidate’s name to appear on the ballot; 244 2. The full residence and mailing addresses of the candidate; 245 3. The office for which the candidate declares; 246 4. That the candidate is qualified for the office as provided by law; 247 5. The date and notarized statement of the candidate. If a notary public is not available, 248 a postmaster may attest the statement instead of a notary; 249 6. The candidate shall certify information contained in the declaration of candidacy is true 250 and accurate; 251 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 46 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 9 of 10 7. Any other information that the clerk reasonably requires to determine whether the 252 candidate is qualified for the office as provided by law; and 253 8. The declaration of candidacy must be signed by 10 qualified voters of the borough. 254 D. Filing for elective offices shall be made by filing a declaration of candidacy with the clerk from 255 8 am to 4 pm during weekdays from August 1st through August 15th, 4:30 p.m. Should August 256 15th fall on a Saturday or Sunday, candidates shall have until 4:30 p.m. 3 p.m. on the first Monday 257 following to file their declaration. 258 E. Declarations of candidacy may be filed with the clerk by electronic transmission and the 259 original signed and notarized statement must be delivered to the clerk by the close of the filing 260 period. If the original is not received by the clerk at the close of the filing period, the candidate’s 261 name shall not appear on the ballot. 262 F. Within four business days after filing a declaration of candidacy, the clerk shall notify the 263 candidate as to whether it is in proper form. If not, the clerk shall immediately return the declaration 264 of candidacy to the candidate with a statement certifying how the nominating petition is deficient. 265 7.20.035 Public official financial disclosure statements. 266 Candidates for elective borough office and declared write-in candidates shall file an Alaska Public 267 Offices Commission (APOC) official financial disclosure statement with the clerk as required by 268 the provisions of AS 39.50 at the time of filing a declaration of candidacy. The name of the 269 candidate shall be placed on the ballot by the clerk only after the candidate has complied with this 270 requirement. This subsection does not apply to candidates for service area boards. 271 7.20.040 Corrections, amendments, and withdrawal of declaration of candidacy. 272 A. Any candidate may correct, amend, or withdraw the candidate’s declaration of candidacy at 273 any time during the period for filing nominating petitions by appropriate written notice to the clerk. 274 However, after the filing has closed, no declaration of candidacy may be corrected, amended, or 275 withdrawn. 276 B. If a person chooses to run for a different seat, a declaration of candidacy for that seat shall 277 be filed with the clerk’s office. A declaration of candidacy for a particular seat may not be 278 substituted for another office or seat. 279 Chapter 7.30 280 PROCEDURES FOR CONDUCT OF ELECTIONS 281 Sections: 282 7.30.010 Election officials. 283 Commented [NJ4]: Changed from noon to 3 p.m. AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 47 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 10 of 11 7.30.020 Precincts and polling places. 284 7.30.025 Voting By-mail precincts. 285 7.30.030 Ballots – Form. 286 7.30.035 Ballots – use of alternate ballots. 287 7.30.040 Ballots – Distribution. 288 7.30.050 Voting devices and machines. 289 7.30.060 Voting procedures at the polls. 290 7.30.070 Questioned votes. 291 7.30.080 Disposition of questioned votes. 292 7.30.090 Unused ballots. 293 7.30.100 Official closing of polls. 294 7.30.110 General procedure for ballot count. 295 7.30.120 Rules for counting ballots in hand count precincts. 296 7.30.125 Write-in votes. 297 7.30.130 Receiving team. 298 7.30.010 Election officials. 299 A. The assembly shall appoint at least three election officials in each precinct to constitute the 300 election board of that precinct. The clerk is the election supervisor. One election official shall be 301 designated as chair and shall be ordinarily responsible for administering the election in that 302 precinct. The clerk may appoint additional election officials at any polling place where they are 303 needed to conduct an orderly election and to relieve other election officials of undue hardship. 304 The clerk may appoint persons aged 16 or older as additional election officials if they meet the 305 requirements to serve in the Youth Vote Ambassador Program under AS 15.10.108. Any person 306 so appointed serves under the supervision of the precinct board chair. 307 B. All election officials should attend a training session unless personally and specifically 308 excused for cause by the clerk. If any appointed election official is not able to or refuses to serve 309 on election day, the clerk may appoint a replacement for that official. 310 C. Except for duly qualified persons 16 to 18 years old appointed under subsection A of this 311 section, each election official serving at a precinct polling place must be a qualified voter and, if 312 possible, a resident within the precinct for which appointed. 313 D. All election officials, before entering upon their duties, must subscribe to the oath required of 314 all public officers by the Constitution of the sState of Alaska in the manner prescribed by the clerk. 315 E. Candidates shall not serve as election officials. Certain familial relationships may not exist 316 between a candidate and a precinct election official, member of a ballot receiving/counting team 317 or canvass board in regular or special elections. Those familial relationships are: 318 1. Mother, mother-in-law, stepmother; 319 2. Father, father-in-law, stepfather; 320 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 48 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 11 of 12 3. Sister, sister-in-law, stepsister; 321 4. Brother, brother-in-law, stepbrother; 322 5. Spouse; or 323 6. Person sharing the same living quarters. 324 F. If the clerk knows or learns that any of these relationships exist, the precinct election official 325 shall be notified and replaced. 326 7.30.020 Precincts and polling places. 327 A. The precincts established by the sState of Alaska and set forth in the Alaska Administrative 328 Code shall be the precincts for all elections. The clerk shall secure a polling place for each in-329 person voting precinct for each election. Whenever practicable, the polling place shall be located 330 within the precinct. 331 B. No later than 230 days before each regular and special election, the clerk shall publish in one 332 or more newspapers of general circulation in the borough the locations of the precinct polling 333 places. Such publication shall be repeated at least once no later than the day prior to the election. 334 C. If a declaration of a disaster or emergency has been issued by the President of the United 335 States, the Governor of Alaska, or the emergency services council (KIBC 2.110.030) which 336 includes areas within the Kodiak Island Borough, precincts where the voter turnout was less than 337 100 voters at the last regular election may be designated as “ballot by-mail” precincts by resolution 338 of the assembly. In those precincts, election officials need not be appointed. In “ballot by-mail” 339 precincts the procedures outlined in Chapter 7.70 KIBC shall be followed as modified by the 340 resolution designating the precinct a “ballot by-mail” precinct as needed to accommodate the 341 restrictions created by the declared disaster or emergency. Voters in a “ballot by-mail” precinct 342 wishing to vote early or absentee in person may do so at any designated early voting or absentee 343 voting site. Any precinct designated as a “ballot by-mail” precinct in accordance with the 344 provisions of this subsection will remain a “ballot by-mail” precinct until such time as declared 345 disaster or emergency status has been lifted. 346 347 7.30.025 Voting by-mail precincts. 348 A. Precincts where the voter turnout was less than 75 voters at the last regular election may be 349 designated as absentee by-mail precincts by resolution of the assembly. In those precincts, no 350 precinct election board shall be appointed. 351 B. The borough clerk shall send a ballot to each person whose name appears on the official 352 voter registration list prepared under AS 15.07.125 for that election. The ballot shall be 353 accompanied by instructions on how the ballot must be voted, the oath and affidavit envelope 354 completed, and ballot returned in order to be counted. The ballot shall be sent to the address 355 Commented [NJ5]: Changed this from 20 to 30 days to make it consistent with the other ads. AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 49 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 12 of 13 stated on the official registration list unless the voter has notified the borough clerk in writing of a 356 different address to which the ballot should be sent or the address on the official registration list 357 has been identified as being an undeliverable address. The borough clerk shall send ballots by 358 first-class, nonforwardable mail on or before the fifteenth day before the election. 359 C. Upon receipt of a by-mail ballot, the voter shall cast the ballot in the manner specified in KIBC 360 7.50.050(C) and (D). The voted by-mail ballot must be either delivered to an election official before 361 the time set for in person absentee votes to be cast, or postmarked on or before midnight of 362 election day and received by the clerk no later than the Tuesday following the election by 5 p.m. 363 Ballot envelopes received after that time shall not be opened but shall be marked “rejected,” with 364 the date of receipt noted thereon, and shall be preserved as set by the records retention schedule. 365 The canvass board shall review voted by-mail ballots under this section using the established 366 procedures for the review of absentee ballots. 367 D. A voter who does not receive a by-mail ballot or any voter wishing to vote absentee in-person 368 or early vote in person may do so at any designated absentee or early voting site. 369 E. The borough clerk may appoint election officials in Akhiok, Chiniak, Karluk, Larsen Bay, Old 370 Harbor, Ouzinkie, and Port Lions who are willing and able to serve as absentee voting officials. 371 Absentee voting officials serving under this section shall be compensated at a rate determined by 372 the clerk to be commensurate with the duties as compared to other election officials. The duties 373 of the absentee voting officials shall be as follows: 374 1. Provide absentee voting in person and personal representative voting on any date 375 including the day of the election. 376 2. Sign a voter’s by-mail oath and affidavit envelope as an authorized attesting official, 377 except that the absentee voting official may not attest his or her own ballot. 378 3. Accept receipt of a by-mail voter’s hand-delivered ballot, which has been sworn to, 379 attested and sealed in the by-mail return envelope. 380 4. Provide general voter assistance, including, but not limited to, assistance to a qualified 381 voter who cannot read, mark the ballot, or sign his name, and providing replacement 382 ballots to voters who have improperly marked or damaged their ballots. 383 5. Receive ballots, provide for the security and safekeeping of all ballots received and return 384 those ballots to the borough clerk for canvassing. The borough clerk will specify the 385 means of returning the voted ballots and all other election supplies to the borough. 386 F. Any precinct designated as a voting by mail precinct in accordance with the provisions of 387 subsection A of this section will remain a voting by mail precinct until such time as the voting by 388 mail status is removed by resolution of the assembly. 389 7.30.030 Ballots – Form. 390 The clerk shall prepare all official ballots to facilitate fairness, simplicity, and clarity in the voting 391 procedure, to reflect most accurately the intent of the voter, and to expedite the administration of 392 elections. The following directives shall be followed when applicable: 393 A. The clerk shall determine the size of the ballot, the type of print, necessary additional 394 instructions to voters, and other similar matters of form not provided by law. 395 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 50 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 13 of 14 B. The clerk may contract for the preparation of ballots, instructions to voters, and other similar 396 matters of form not provided by law without obtaining competitive bids. 397 C. Ballots shall be prepared in the manner prescribed by law for state elections, insofar as such 398 prescription is applicable to nonpartisan elections. The ballots shall be numbered in series to 399 assure simplicity and secrecy and to prevent fraud, the number being placed in an area set off by 400 perforations for ease of removal. 401 D. All candidates to the same office shall be shown on one ballot. The title of each office to be 402 filled shall be followed by the printed names of all candidates for that office, and provisions shall 403 be made for write-ins equal in number to the positions to be filled. The names of candidates shall 404 be printed as they appear upon the declaration of candidacy except that any honorary or assumed 405 title or prefix shall be omitted. The words “Vote for not more than ______,” with the appropriate 406 number replacing the blank, shall be placed before the lists of candidates for each office. 407 Candidate names shall be listed in the order that candidacy declarations are filed. Names of 408 candidates shall appear on the ballot with the position of names of the candidates set out in the 409 same order in each section on each ballot used as prescribed in Alaska Statutes for state 410 elections. However, the order of placement of the names of the candidates for each office shall 411 be randomly determined by the clerk for ballots printed for use. 412 E. Following the offices and candidates, there shall be placed on the ballot or on separate ballots, 413 as the clerk may determine, all propositions or questions to be voted on. The words “YES” and 414 “NO” shall be placed below the statement of each proposition or question. The clerk shall 415 determine the number of ballots to be used to present all offices, propositions, and questions to 416 the qualified voter. 417 F. Each ballot shall bear the words “Official Ballot” and the date of the election. 418 G. The clerk shall have printed and available at each polling place, on election day and in the 419 clerk’s office preceding the election, sample ballots for each election. 420 421 7.30.35 Ballots – use of alternate ballots. 422 A. Under no circumstance shall any voting location close due to ballot shortage. Election 423 officials shall monitor the ballot supply throughout election day and apprise the clerk of any 424 projected shortage in the number of available ballots. Upon being informed by an election official 425 that there is a projected shortage of ballots at a voting location, the clerk shall promptly supply 426 the voting location with additional printed ballots. If printed ballots are not available, the clerk shall 427 promptly supply alternate ballots which shall be processed as provided in subsections B through 428 E of this section. Alternate ballots shall not be used if printed ballots are available at the polling 429 place. Alternate ballots shall be provided in stacks of 25 ballots and numbered in series to assure 430 simplicity and secrecy and to prevent fraud. 431 432 B. Voters whose names appear on the precinct register shall sign the precinct register and 433 be given an alternate ballot. The election official shall mark the precinct register in a manner 434 designated by the clerk to show that the voter received an alternate ballot. The voter shall vote 435 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 51 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 14 of 15 the alternate ballot and shall place the ballot in the side compartment of the ballot box or in a 436 designated box or envelope provided by the clerk. 437 438 C. If a voter is not on the precinct register or the voter’s qualification to vote is questioned as 439 provided in Section 7.30.070, the voter shall vote a questioned alternate ballot. The election 440 official shall mark the questioned voter register in a manner designated by the clerk, to show the 441 voter received an alternate ballot. The voter shall be given an alternate ballot and shall vote the 442 ballot as provided in Section 7.30.070. 443 444 D. A personal representative shall be given an alternate ballot and shall complete the process 445 for personal representative voting with the voter as provided in Section 7.50.040. 446 447 E. Alternate ballots shall be accounted for following the general procedure for ballot count in 448 KIBC 7.30.110. Alternate ballots shall be counted manually by the election board in the hand 449 count precincts following KIBC 7.30.120 or by the canvass board for precincts where voting 450 machines are used. 451 452 7.30.040 Ballots – Distribution. 453 A. The clerk shall have possession of the ballots at least 15 days before each regular election. 454 At that time, the ballots may be inspected by any candidate whose name is on the ballot, or the 455 candidate’s authorized agent, and any mistake discovered shall be corrected immediately. 456 Sufficient ballots for each precinct shall be delivered to the election board for that precinct. 457 B. The ballots shall be delivered in a separate sealed package, with the number of ballots 458 enclosed clearly marked on the outside of the package. A receipt shall be taken for the election 459 board member to whom each package is delivered in person or by mail. 460 7.30.050 Voting devices and machines. 461 Voting devices and machines will be used for all regular and special elections unless determined 462 not to be practical by the clerk. All necessary supplies for the assistance of voters, such as sample 463 ballots, instructions, booths, etc., shall be provided. 464 7.30.060 Voting procedures at the polls. 465 A. Before issuing any ballots, the election board must, in the presence of any persons assembled 466 at the polling place, open and exhibit the ballot box to be used at the polling place as empty. The 467 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 52 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 15 of 16 ballot box then shall be closed and shall not be opened again or removed from the polling place 468 until the polls have closed. 469 B. The election official shall keep a precinct register in which each voter, before receiving a 470 ballot, shall sign the voter’s name. By signing the register, the voter declares that the voter is 471 qualified to vote. If a voter signs the precinct register and then leaves the polling place without 472 voting or votes a questioned ballot, the election official shall cross the voter’s name off the precinct 473 register and make a note next to the name that the voter did not vote. If a voter’s polling place is 474 in question, a voter shall be allowed to vote a questioned ballot. 475 C. Before being allowed to vote, each voter shall exhibit to an election official one form of 476 identification listed on the “Have ID” poster from the state. An election official may waive the 477 identification requirement if the official knows the identity of the voter, except when “Must Show 478 ID” is printed in the signature block above the voter’s name. The ID requirement for this voter may 479 not be waived. A voter who cannot exhibit a required form of identification shall be allowed to vote 480 a questioned ballot. 481 D. When the voter is qualified to vote, the election official shall give the voter an official ballot. 482 The voter shall retire to a booth or private place to mark the ballot. The ballot must be voted at 483 the polling place and no ballot may be removed from the polling place until the election officials 484 have completed their post- election duties. 485 E. A qualified voter who cannot read and mark the ballot, or sign the register, may request an 486 election official, a person, or not more than two persons, chosen by the voter, to provide 487 assistance. Upon the voter’s request, the election official shall provide the assistance. If any other 488 person is requested, that person shall state upon oath before the election official that the person 489 shall not divulge the vote cast by the voter. Intoxication shall not be regarded as a physical 490 disability, and no intoxicated person should receive assistance in marking that voter’s ballot. 491 F. If a voter improperly marks or otherwise damages a ballot, the voter shall return it to the 492 election officials, concealing the manner in which it is marked from view, and shall request a new 493 ballot. The election officials shall destroy the spoiled ballot after having recorded it in the spoiled 494 ballot accountability statement and shall issue a new ballot to the voter. The destroyed ballot 495 should be kept and stored in the spoiled ballots envelope. A voter may only be issued up to two 496 replacement ballots. No voter should receive more than three ballots. 497 7.30.070 Questioned votes. 498 A. Every election official shall question, and any qualified voter may question a person 499 attempting to vote if the questioner has good reason to suspect that the questioned person is not 500 qualified to vote under KIBC 7.20.010. All questions regarding a person’s qualifications to vote 501 shall be made in writing setting out the reason the person has been questioned. A questioned 502 person, before voting, shall fill out the questioned ballot oath and affidavit envelope and subscribe 503 to an oath and sign the affidavit on the form. After the questioned person has taken the oath and 504 signed the affidavit, the person may vote. If the questioned person refuses to take the oath or sign 505 the affidavit, the person may not vote. 506 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 53 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 16 of 17 B. If a voter’s polling place is in question, the voter shall be allowed to vote by filling out a 507 questioned ballot oath and affidavit envelope. 508 7.30.080 Disposition of questioned votes. 509 A voter who casts a questioned ballot shall vote the ballot in the same manner as prescribed for 510 other voters. After the election official removes the numbered stub from the ballot, the voter shall 511 insert the ballot into a small gray envelope, seal it, and put the gray envelope in the questioned 512 ballot oath and affidavit envelope. These questioned ballot oath and affidavit envelopes shall be 513 sealed and deposited in the ballot box. When the ballot box is opened, these envelopes shall be 514 counted (unopened) and compared to the voting list, segregated, and delivered to the clerk for 515 delivery to the canvass board. The election canvass board shall review and judge the applicability 516 of all questioned ballots. 517 7.30.090 Unused ballots. 518 The numbers of all ballots not issued shall be recorded and returned to the clerk. The numbers of 519 ballots spoiled by voters and replaced by election officials shall also be recorded. The record of 520 ballots not issued and ballots spoiled and replaced shall be preserved as set by the records 521 retention schedule resolution. 522 7.30.100 Official closing of polls. 523 Fifteen minutes before closing the polls, the time remaining before such closure shall be 524 proclaimedannounced by an election official. When the polls are closed for the purposes of voting, 525 that fact shall likewise be proclaimed announced and thereafter no ballot shall be issued except 526 to those voters who were present and waiting their turn to go through the voting procedure at the 527 time prescribed for closing the polls. Failure to make the announcement at 15 minutes before 528 closing time shall not in any way invalidate the election or extend the time for closing of the polls. 529 7.30.110 General procedure for ballot count. 530 A. The clerk shall prescribe the manner in which the precinct ballot count is accomplished so as 531 to ensure accuracy in the count and to expedite the process. The election officials shall account 532 for all ballots, including alternate ballots, by completing a ballot accountability statement 533 containing (1) the number of official ballots received; (2) the number of official ballots voted; (3) 534 the number of official ballots spoiled; (4) the number of official ballots unused and either destroyed 535 or returned for destruction to the clerk. The election officials shall count the number of questioned 536 ballots and personal representative ballots and compare theat numbers to the number of 537 questioned voters in the registers. Discrepancies shall be noted and explained to the best of the 538 election official’s ability in writing for delivery to the borough clerk. The election board, in hand-539 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 54 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 17 of 18 count precincts, shall count the ballots in a manner that allows watchers to see the ballots when 540 opened and read. 541 B. The election board shall sign the final results tape. No less than two members of the election 542 board shall transport the election equipment and materials to the election supervisor. 543 C. Precinct Bballots may not be counted before 8 p.m., local time, on the day of the election. 544 7.30.120 Rules for counting ballots in hand count precincts. 545 A. The election board shall perform a hand count for ballots: in precincts where the optical scan 546 and other computer-read or electronic ballot counting equipment are not used,; in precincts where 547 alternate ballots have been cast and must be hand counted; or in elections where write-in votes 548 shall be tallied in accordance with KIBC 7.30.110 and 7.30.125. The election board, in hand count 549 precincts, shall count the ballots in a manner that allows watchers to see the ballots when opened 550 and read. 551 1. A voter may mark a ballot only by filling in, making “X” marks, diagonal, horizontal, or 552 vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that are clearly 553 spaced in the oval opposite the name of the candidate, proposition, or question that the 554 voter desires to designate. 555 2. A failure to properly mark a ballot as to one or more candidates does not itself 556 invalidate the entire ballot. 557 3. If a voter marks fewer names than there are persons to be elected to the office, a vote 558 shall be counted for each candidate properly marked. 559 4. If a voter marks more names than there are persons to be elected to the office, the 560 votes for candidates for that office may not be counted. 561 5. The mark specified in subsection (A)(1) of this section shall be counted only if it is 562 substantially inside the oval provided, or touching the oval so as to indicate clearly that 563 the voter intended the particular oval to be designated. 564 6. Improper marks on the ballot may not be counted and do not invalidate marks for 565 candidates properly made. 566 7. An erasure or correction invalidates only that section of the ballot in which it appears. 567 8. Write-in votes are not invalidated by writing in the name of a candidate whose name 568 is printed on the ballot unless the election board determines, on the basis of other 569 evidence, that the ballot was so marked for the purpose of identifying the ballot. 570 9. In order to vote for a write-in candidate, the voter must write in the candidate’s name 571 in the space provided and fill in the oval opposite the candidate’s name in accordance with 572 subsection (A)(1) of this section. 573 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 55 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 18 of 19 10. Stickers bearing the candidate’s name may not be used on the ballot. 574 B. The rules set out in this section are mandatory and there shall be no exceptions to them. A 575 ballot may not be counted unless marked in compliance with these rules. 576 7.30.125 Write-in votes. 577 A. Write-in votes shall not be tallied except: 578 1. If a the person running as a write-in candidate has, at least before 53 p.m. seven of 579 the days before the election, filed a declaration of write-in candidacy on a form provided 580 by the clerk stating that he or she is they are willing to assume the office if elected and 581 haves also filed a completed public officials financial disclosure statement with the 582 borough clerk if applicable; and 583 2. If the total number of write-in votes for an office exceeds the smallest number of votes 584 cast for a candidate for that office whose name is printed on the ballot. 585 B. In order to vote for a write-in candidate, the voter must, in the space provided, write in the 586 candidate’s name as the candidate’s name appears on the candidate’s declaration of write-in 587 candidacy filed with the borough clerk. In addition, the voter must mark the square or oval opposite 588 the candidate’s name in accordance with KIBC 7.30.120(A)(1). Stickers shall not be used. 589 C. Write-in votes are not invalidated by writing in the name of a candidate whose name is printed 590 on the ballot unless the election board determines, on the basis of other evidence, that the ballot 591 was so marked for the purpose of identifying the ballot. 592 D. If votes for write-in candidates are counted at the precinct level, election workers shall set 593 aside any ballots which contain any abbreviation, misspelling, or other minor variation in the form 594 of the name of a write-in candidate and forward those ballots to the canvass board for review and 595 determination. The canvass board shall review such ballots and shall disregard any misspelling, 596 or other minor variation in the form of the name of a write-in candidate, if the intention of the voter 597 can be ascertained. 598 E. In order to be elected, a write-in candidate must receive the number of votes required by this 599 chapter. 600 7.30.130 Receiving team. 601 A. Before each election, the assembly shall appoint at least three qualified voters, who shall 602 constitute the receiving team. 603 B. The receiving team shall receive all ballots, election materials, supplies, etc., from the precinct 604 election officials on election night. 605 Commented [NJ6]: Made this consistent with the 3 p.m. for regular candidacy period. AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 56 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 19 of 20 Chapter 7.40 606 CANVASSING AND CERTIFICATION OF ELECTION RETURNS 607 Sections: 608 7.40.010 Canvass of returns. 609 7.40.020 Certification of the election. 610 7.40.025 Simple majority – Votes required for election to office. 611 7.40.030 Election recounts. 612 7.40.040 Contest of election. 613 7.40.010 Canvass of returns. 614 A. Before each election, the assembly shall appoint at least three qualified voters, who shall 615 constitute the election canvass board for that election. All members of the election canvass board, 616 before entering upon their duties, must subscribe to the oath required of all public officers by the 617 Constitution of the sState of Alaska in the manner prescribed by the clerk. 618 B. On the day following each election or as soon as is practicable, the election canvass board 619 shall meet in public session and canvass all election returns. The canvass may be postponed for 620 cause from day to day, but there shall be no more than three such postponements. In full view of 621 those present, the election canvass board shall judge the applicability of absentee, early voting, 622 by-mail, questioned, and personal representatives, shall open and tally those accepted and shall 623 compile the total votes cast in the election. The canvass of the ballot vote counted by precinct 624 election boards shall be accomplished by reviewing the tallies of the recorded vote to check for 625 mathematical error by comparing totals with the precinct’s certificate of results. All obvious errors 626 found by the election canvass board in the transfer of totals from the precinct tally sheets to the 627 precinct certificate of returns shall be corrected in the canvass board certificate of election returns 628 and reported to the assembly as having been corrected. If in the opinion of the canvass board a 629 mistake has been made in precinct returns which is not clearly an error in the transfer of results 630 from the tallies to the certificate of results, the canvass board may recommend to the governing 631 body that a recount of that precinct’s results be made for that portion of the returns in question. 632 C. Absentee, by-mail, questioned, and personal representatives ballots shall be counted as 633 follows: No ballot shall be counted if the voter has failed to properly execute the oath and affidavit, 634 or if the voter fails to enclose the marked ballot inside the small gray envelope provided. The clerk 635 or a member of the election canvass board may question the qualifications of an absentee voter 636 when read from the voter’s certificate on the back of the large envelope, if there is a good reason 637 to suspect that the voter is not qualified to vote, is disqualified, or has otherwise voted at the same 638 election. The person questioning the qualifications shall specify the basis of the question in 639 writing. The canvassing board by majority vote may refuse to count the ballot. If the ballot is 640 refused, the clerk shall notify the voter why the ballot was refused by the canvass board. The 641 envelope shall be labeled “rejected ballots.” If the ballot is not refused, the large envelope shall 642 be opened; the small gray envelope shall be placed in a container and mixed with the other 643 absentee ballot small gray envelopes. The mixed small gray envelopes shall be drawn from the 644 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 57 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 20 of 21 container, opened, and the ballots counted according to the rules of determining properly marked 645 ballots. 646 D. Upon completion of the canvass, the canvassing board shall prepare a certificate of the results 647 of votes cast by absentee, early vote, by-mail voting, questioned, personal representatives, and 648 ballots of votes cast by regular ballot, and shall prepare and submit a written report of said results 649 to the assembly. 650 E. If election materials have not been received from a precinct prior to completion of the canvass, 651 but election results have been transmitted in writing, the canvassing board shall count the election 652 results received. If the clerk has reason to believe that a missing precinct certificate, if received, 653 would affect the result of the election, the clerk shall await the receipt of the certificate until 4 p.m. 654 in the afternoon on the Tuesday following the election. If the certificate is not received by the clerk 655 by 4 p.m., Tuesday, then the certificate shall not be counted nor included in the final certification 656 of the canvassing board. 657 7.40.020 Certification of the election. 658 A. As soon as possible after completion of the canvass, the assembly shall meet in public 659 session to receive the report of the canvass board. If, after considering said report, the assembly 660 determines that the election was validly held, the election shall be certified by resolution and 661 entered upon the minutes of the meeting. 662 B. If the canvass board reports a failure to comply with provisions of state law and borough 663 ordinance or illegal election practices occurred and that such failure is sufficient to change the 664 outcome of the election, the assembly may exclude the votes cast in one or more precincts where 665 such failure or illegal practices occurred from the total returns or may declare the entire election 666 invalid and order a new election. 667 C. If the canvass board reports an apparent discrepancy in the returns of one or more precincts, 668 the assembly may order a recount of the votes cast in said precinct(s). Such recount shall be 669 conducted immediately by the canvassing board and the results reported to the assembly. 670 D. In case of failure to elect a candidate because of a tie vote, the assembly shall immediately 671 cause the canvass board to recount the votes. If there is still a failure to elect because of a tie 672 after completion of the recount, the election shall be determined fairly by lot from among the 673 candidates tying in a meeting of the assembly and under its direction. 674 E. Upon certification of a valid election the assembly shall direct the clerk to deliver to each 675 person elected to office a “certificate of election” signed by the clerk and authenticated by the seal 676 of the borough. 677 7.40.025 Simple majority – Votes required for election to office. 678 All borough offices shall be filled by the candidate(s) receiving the greatest number of votes. 679 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 58 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 21 of 22 7.40.030 Election recounts. 680 A. A defeated candidate, or 10 qualified voters, who believe there has been a mistake made by 681 an election official or by the canvassing board in counting the votes in an election, may file an 682 application requesting a recount with the clerk no later than 5 p.m. on the day scheduled for the 683 certification of the election results or by delivering the application for recount to the assembly at 684 its meeting held to certify the election returnsMonday following the election or 24 hours after 685 completion of the canvass board, whichever is later. The applicant shall include a deposit in cash 686 or certified check for $10250.00. The deposit shall be applied against any costs incurred pursuant 687 to subsection E of this section or refunded if there is no liability for recount costs. If the difference 688 between two candidates is two percent or less, the clerk shall initiate the recount and give notice 689 to the interested parties. 690 B. The application shall specify in substance the basis of the belief that a mistake has been 691 made, the particular election precinct or precincts for which the recount is to be held, the particular 692 office, proposition, or question for which the recount is to be held, and that the person making the 693 application is a candidate or that the 10 persons making the application are qualified voters. The 694 application for a recount shall bear the notarized signature of the candidate or the 10 qualified 695 voters seeking the recount. The date on which the clerk receives an application, rather than the 696 date of mailing or transmission, determines whether the application is filed with the time allowed 697 under this subsection. 698 C. Upon receiving an application in substantially required form, the clerk shall appoint a recount 699 board of four or more qualified voters to conduct the recount of ballots, as soon as possible, of 700 those precincts cited in the application for recount. The rules governing the counting of marked 701 ballots by the election board shall be followed. Those requesting the recount, those whose 702 election is recounted, and the public shall be allowed to attend the recount proceeding. 703 D. Upon completion of recount, the recount board shall certify the results of the recount to the 704 assembly. The assembly shall declare the final election results and direct the clerk to deliver to 705 each person elected to office a “certificate of election” signed by the clerk and authenticated by 706 the seal of the borough. 707 E. The applicant or applicants for recount shall pay all costs and expenses incurred in a recount 708 of an election demanded by the applicant or applicants if the recount fails to reverse any result of 709 the election or the difference between the winning and losing vote on the result requested for 710 recount is more than two percent. 711 F. A candidate or any person who requested a recount who has reason to believe an error has 712 been made in the recount involving any question, proposition, candidate or validity of any ballot 713 may appeal to the superior court within 10 days after the assembly has declared the election 714 results. If no such action is commenced within the 10-day period, the election and the election 715 results shall be conclusive, final, and valid in all respects. 716 Commented [NJ7]: $100 was from 1986. The recount cost will be a lot more than $100. Assembly recommended $250. AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 59 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 22 of 23 7.40.040 Contest of election. 717 An election contest may be brought following the process for a contest of a state election. A 718 defeated candidate or any 10 qualified voters who contested an election may bring an action in 719 the superior court within 10 days after the assembly has concluded that said election was validly 720 held and certified the results of the entered upon the melectioninutes. The only grounds for an 721 election contest shall be the same as those set forth for in the Alaska Statutes for contesting state 722 elections. The judge shall hear and render a decision on an election contest in the same manner 723 as provided in the Alaska Statutes for state election contests. Such legal action shall be upon the 724 grounds set forth in Alaska Statutes for contesting state elections. The judge shall render a 725 decision as required by AS 15.20.560 for state elections. If no such action is commenced within 726 the 10-day period, the election and the election results shall be conclusive, final and valid in all 727 respects. 728 Chapter7.50 729 ABSENTEE VOTING 730 Sections: 731 7.50.010 Eligibility. 732 7.50.020 Repealed. 733 7.50.025 Early voting – In person. 734 7.50.030 Absentee voting – In person. 735 7.50.040 Personal representatives voting. 736 7.50.050 Absentee voting – By mail. 737 7.50.060 Designation of absentee voting officials. 738 7.50.010 Eligibility. 739 Any person may vote absentee. 740 7.50.020 Materials for absentee voting. 741 Repealed by Ord. 02-11. 742 7.50.025 Early voting – In person. 743 A. A voter may cast an early vote in person in the same manner as on the day of an election. 744 B. Early voting before an election official shall not begin prior to 21 days before a regular or 745 special election. 746 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 60 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 23 of 24 1. The assembly may, by resolution, authorize early voting up to 75 days prior to a regular or 747 special election. 748 2. Prior to the election, the clerk shall mark the precinct registers of those voters who voted early 749 or give to the election board in each precinct a list of voters from the precinct who have voted 750 early. 751 A. Early voting shall be made available in the Borough building and it shall not begin prior to 752 15 days before a regular or special election. The period for early voting may be extended to up to 753 21 days before the date of the election by borough assembly resolution. 754 B. The clerk shall determine the hours designated for early voting and the process for early 755 voting to ensure the integrity of the election. 756 B. The early voter shall appear before an election official and provide their name, residence 757 address, and voter identifier such as a voter number, social security number, or date of birth. 758 C. The election official shall verify the voter’s proof of identification as required in KIBC 759 7.30.060(C). The election official shall verify that the voter’s residence address appears on the 760 official registration list and is qualified to vote per this title and shall require the voter to sign the 761 precinct register. The signing of the register shall constitute a declaration that the voter is qualified 762 to vote. 763 D. When the voter has qualified to vote, the election official shall give the voter an official 764 ballot. The voter shall proceed to mark the ballot in secret, place the voted ballot in the secrecy 765 sleeve, and deposit the ballot in the ballot box in the presence of the clerk or election official. 766 E. The tabulation of early voting ballots shall not begin before 8 p.m. on election day. The 767 ballots and voting machine shall be delivered to the receiving team who will tabulate the results, 768 sign the tapes, and return the tapes and memory card to the clerk. The results tapes shall serve 769 as the early voting precinct certificate of election. 770 F. Prior to the election, the clerk shall mark the precinct registers of those voters who voted 771 early or give to the election board in each precinct a list of voters from the precinct who have 772 voted early. 773 774 7.50.030 Absentee voting – In person. 775 A. For locations where early voting is not available, the borough clerk may provide absentee 776 voting and appoint election officials who are willing and able to serve as absentee voting officials. 777 AaAny person may apply for an absentee ballot in person from the clerk or an absentee voting 778 official. Absentee voting will be made available 15 days before an election, up to and may 779 includeing the day before the date of the election, during regular office hours the hours designated 780 for absentee voting, by completing an absentee in person envelope. The period for absentee 781 Commented [NJ8]: This subsection was revised entirely based on the discussion at the work session. The Receiving Team will tabulate the results on Election night at the close of the regular voting at the precincts. AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 61 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 24 of 25 voting may be extended to up to 21 days before the date of the election by borough assembly 782 resolution. 783 B. Upon completion of an absentee in person envelope and exhibition of proof of identification 784 as required in KIBC 7.30.060(C), the clerk or an absentee voting official shall issue the ballot and 785 small gray envelope to the applicant. The ballot must be voted at the polling place and no ballot 786 may be removed from the polling place. 787 C. On receipt of an absentee ballot in person, the voter shall mark the ballot in secret, place the 788 ballot in the small gray envelope, place the small gray envelope in the absentee in person 789 envelope, and sign the voter’s certificate on the absentee in person envelope in the presence of 790 the clerk or absentee voting official who shall sign as attesting official and date that signature. 791 The clerk or absentee voting official shall then accept the ballot. 792 D. The clerk or absentee voting official may not accept a marked ballot that has been exhibited 793 by an absentee voter with the intent to influence other voters. If the absentee voter spoils the 794 ballot, the voter may receive up to two replacement ballots. No voter should receive more than 795 three ballots. Exhibited or spoiled ballots shall be destroyed. The numbers of all ballots destroyed 796 shall be noted on the spoiled ballot accountability statement and stored in the spoiled ballots 797 envelope. 798 E. The clerk or absentee voting official shall keep a record of the names and signatures of voters 799 who cast absentee ballots and the dates on which the ballots were cast. 800 7.50.040 Personal representatives voting. 801 A. Any person with a disability who, because of that disability, is unable to go to a polling place 802 to vote may vote a personal representatives ballot, or the voter may, through a representative, 803 request a personal representatives ballot from the clerk or an absentee voting official 15 days 804 before an election, up to and including the day before the date of the election during regular office 805 hours, or from an election precinct voting official on election day. 806 B. If the request for a personal representatives ballot is made through a representative, the 807 representative shall sign a personal representatives register provided by an election official. The 808 register must include the following information: 809 1. The representative’s name; 810 2. The representative’s residence and mailing address; 811 3. The representative’s social security number, voter number, or date of birth; 812 4. The name of the voter on whose behalf the representative is requesting a ballot; 813 5. An oath that the representative: 814 a. Is receiving a ballot and voting materials on behalf of the voter; 815 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 62 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 25 of 26 b. Will not vote the ballot for the voter; 816 c. Will not coerce the voter; 817 d. Will not divulge the vote cast by the voter; and 818 e. Has been notified that unlawful interference with voting is punishable under AS 15.56.030 or 819 15.56.035. 820 C. The clerk, absentee voting official, or election precinct voting official shall keep a record of 821 the name and signature of each representative requesting an absentee ballot and the name of 822 the person on whose behalf the ballot is requested. The clerk, absentee voting official, or election 823 precinct voting official shall record the date and time the absentee ballot is provided and the time 824 the ballot is returned. 825 D. The representative shall deliver the personal representatives ballot and other voting materials 826 to the voter as soon as practicable. The voter shall mark the ballot in secret, place the ballot in 827 the small gray envelope, and place the small gray envelope in the personal representatives 828 envelope provided. The voter shall provide the information on the envelope that would be required 829 for absentee voting if the voter voted in person. The voter shall sign the voter’s certificate in the 830 presence of the representative. The representative shall sign as attesting official and date the 831 voter’s signature. 832 E. The representative shall deliver the ballot and voter certificate to an election official not later 833 than 8 p.m. on election day. 834 F. If a voter’s disability precludes the voter from performing any of the requirements of subsection 835 D of this section, the representative may perform those requirements, except making the voting 836 decision, on the voter’s behalf. 837 G. A candidate for office, the voter’s employer, an agent of the voter’s employer, or an officer or 838 agent of the voter’s union may not act as a representative for the voter. 839 7.50.050 Absentee voting – By mail. 840 A. Any person may apply for an absentee ballot by mail or by electronic transmission if received 841 by the clerk not more than six months nor less than seven days before an election. The application 842 shall include the address where the absentee ballot shall be mailed and the applicant’s full local 843 residence address and signature. 844 B. After receipt of an application by mail, the clerk shall send the absentee ballot and other 845 absentee voting material to the applicant by at least first- class, nonforwardable mail. The ballot 846 shall be accompanied by instructions on how the ballot must be voted, the oath and affidavit 847 envelope completed, and the ballot returned in order to be counted. The materials shall be sent 848 as soon as they are ready for distribution. There shall be a small gray envelope and a return 849 envelope addressed to the clerk supplied to each absentee by mail voter. The return envelope 850 shall have printed upon it an affidavit by which the voter shall declare their qualification to vote, 851 Commented [NJ9]: Added wording AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 63 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 26 of 27 followed by a provision for attestation by an official authorized to administer an oath or two 852 witnesses over the age of 18. 853 C. Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public, other 854 person qualified to administer oaths, or two persons over the age of 18 years, may proceed to 855 mark the ballot in secret, place the ballot in the small gray envelope, place the small gray envelope 856 in the larger return envelope, and sign the voter’s certificate on the back of the return envelope in 857 the presence of an officialthe witness(es) who shall sign as attesting official(s) and shall date their 858 voter’s signature. Officials recognized to attest the legitimacy of signatures listed in this subsection 859 are: a notary public, a commissioned officer of the armed forces including the National Guard, 860 state court judge, magistrate, United States postal official, or other person qualified to administer 861 oaths. If none of the officials listed in the subsection are reasonably accessible, an absentee voter 862 shall have the ballot witnessed by a person over the age of 18 years. 863 D. The voter shall provide a proof of identification including one of the three unique pieces of 864 personal identification date which shall include the voter’s date of birth, last four digits of the 865 voter’s voter identification number to aid in the establishment of the voter’s identity. These unique 866 identifiers shall be provided by the voter on the larger return envelope. 867 ED. The voted absentee by-mail ballot must be either delivered to an election official before the 868 time set for in person absentee votes to be cast, or postmarked on or before midnight of election 869 day and received by the clerk no later than the Tuesday following the election by 5 p.m. Ballot 870 envelopes received after that time shall not be opened but shall be marked “rejected,” with the 871 date of receipt noted thereon, and shall be preserved as set by the records retention schedule. 872 The canvass board shall review voted by-mail ballots under this section using the established 873 procedures for the review of absentee ballots. 874 D. A voter who does not receive an absentee by-mail ballot or any voter wishing to vote absentee 875 in-person or early vote in person may do so at any designated absentee or early voting site. 876 An absentee ballot must be marked and attested on or before the date of the election. If the voter 877 returns the ballot by mail, the voter shall use the most expeditious mail service and mail the ballot 878 not later than the day of the election to the clerk. It must be postmarked on or before midnight of 879 election day and received by the clerk no later than the Tuesday following the election by 5 p.m. 880 Ballot envelopes received after that time shall not be opened but shall be marked “rejected,” with 881 the date of receipt noted thereon, and shall be preserved as set by the records retention schedule 882 resolution. 883 F. The borough clerk shall maintain a record of the name of each voter to whom an absentee 884 by-mail ballot is sent under this section. The record must list the type of ballot mailed, date on 885 which the ballot is mailed, date on which the ballot is received by the borough clerk. The record 886 shall be made available for public inspection. 887 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 64 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 27 of 28 7.50.060 Designation of absentee voting officials. 888 The clerk may appoint a registered voter, city clerks, or registrars listed with the state to act as 889 absentee voting officials. The clerk shall supply adequate voting supplies and ballots to the 890 absentee voting officials. 891 Chapter 7.60 892 ELECTION PAMPHLET 893 Sections: 894 7.60.010 Election pamphlet. 895 7.60.010 Election pamphlet. 896 A. Before each regular and special election, the clerk shall prepare, publish, and mail an election 897 pamphlet to every registered voter household within the borough. 898 B. Each election pamphlet shall contain: 899 1. A map of the election precincts; 900 2. Sample ballots; 901 3. An absentee ballot application; 902 4. Candidate information and a candidate statement submitted by the close of nominating 903 period. Candidate names shall be listed in the pamphlet in the order that candidacy 904 declarations are filed. 905 5. For each ballot proposition submitted to the voters by initiative or referendum petition 906 or by the assembly: 907 a. The full text of the proposition specifying ordinances proposed to be affected; 908 b. The ballot title and the summary of the proposition prepared by the 909 administration or the clerk; and 910 c. A summary of statements submitted by proponents and opponents of each 911 proposition. If only one statement is received, it will not be published; 912 5. For each bond question, a statement of the scope of each project; and 913 6. Additional information on voting procedures that the clerk considers necessary. 914 C. There is no charge for statements advocating approval or rejection of a proposition submitted 915 to the voters for approval. 916 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 65 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 28 of 29 D. Material in the election pamphlet shall be organized to the extent possible in the same manner 917 and form in which it will appear on the ballot. The decision of the clerk on the form of the material 918 is final. 919 E. Not less than 14 days before the election, the clerk shall mail to every registered voter 920 household one copy of the pamphlet and may post the information on the Borough web site or 921 other social media platforms. Additional pamphlets may be obtained from the borough offices and 922 other places determined to be appropriate by the clerk. Provided, however, that errors or 923 omissions in the pamphlet or failure of the borough to provide a voter pamphlet shall not invalidate 924 an election. 925 F. A candidate’s information and statement submitted under this section may not exceed 350 926 words. An article such as “a,” “an,” and “the” will be counted as a word. 927 G. The clerk will add a disclaimer in the pamphlet noting the text is presented as submitted by 928 the candidate(s). or proposition sponsor(s.) The clerk will add a disclaimer noting the information 929 is the opinion of the authorcandidate(s) and has been reproduced as submitted, without any 930 changes to grammar, spelling, or punctuation. 931 Chapter 7.70 932 ELECTIONS BY MAIL 933 Sections: 934 7.70.010 Conduct of election by- mail. 935 7.70.020 Notice of election--Eelection date-public notice. 936 7.70.030 Election Absentee voting officials - duties. 937 7.70.040 Notification to voters. 938 7.70.050 Notice of election. 939 7.70.060 Voter instructions. 940 7.70.070 Casting ballots. 941 7.70.080 Storing ballots. 942 7.70.010 Conduct of election by- mail. 943 A. The clerk may conduct an election by mail if it is held at a time other than when the regular 944 borough election is held. 945 B. If the clerk conducts an election under subsection A of this section by mail, the clerk shall 946 send a ballot for each election described in subsection A of this section to each person whose 947 name appears on the official registration list prepared under AS 15.07.125 for that election. The 948 ballot shall be sent to the address stated on the official registration list unless the voter has notified 949 the clerk in writing of a different address to which the ballot should be sent. The clerk shall send 950 ballots by first class, nonforwardable mail. 951 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 66 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 29 of 30 C. If the clerk conducts an election under subsection A of this section by mail, the clerk shall 952 mail ballots under this section on or before the twenty-second day before the election. 953 D. The clerk shall review ballots voted under this section under procedures established for the 954 review of absentee ballots. 955 E. There shall be a small gray envelope and a return envelope supplied to each by-mail voter. 956 The return envelope shall have printed upon it an affidavit by which the voter shall declare the 957 voter’s qualification to vote, followed by provision for attestation by two attesting witnesses, who 958 are at least 18 years of age. 959 A. The Clerk may conduct a regular or special n election by-mail with the approval of the 960 Assembly. 961 B. When the borough clerk conducts an election by mail, the borough clerk shall send a ballot 962 to each person whose name appears on the official voter registration list prepared under AS 963 15.07.125 for that election. The ballot shall be accompanied by instructions on how the ballots 964 must be voted, the oath and affidavit envelope completed, and the ballot returned in order to be 965 counted. The ballot shall be sent to the address stated on the official registration list unless the 966 voter has notified the borough clerk in writing of a different address to which the ballot should be 967 sent or the address on the official registration list has been identified as being an undeliverable 968 address. The borough clerk shall send ballots by first-class, nonforwardable mail on or before the 969 fifteenth day before the election. 970 C. Upon receipt of a by-mail ballot, the voter shall cast the ballot in the manner specified in KIBC 971 7.50.050(C). The voted by-mail ballot must be either delivered to an election official before the 972 time set for in person absentee votes to be cast, or postmarked on or before midnight of election 973 day and received by the clerk no later than the Tuesday following the election by 5 p.m. Ballot 974 envelopes received after that time shall not be opened but shall be marked “rejected,” with the 975 date of receipt noted thereon, and shall be preserved as set by the records retention schedule. 976 The canvass board shall review voted by-mail ballots under this section using the established 977 procedures for the review of absentee ballots. 978 D. A voter who does not receive a by-mail ballot or any voter wishing to vote absentee in-person 979 or early vote in person may do so at any designated absentee or early voting site. 980 981 7.70.020 Notice of election - Eelection date-public notice. 982 When the clerk determines that an election will be conducted by mail under KIBC 7.70.010, the 983 notice of election calling for the election must state that the election is to be conducted by mail 984 and that there will be no polling place open for regular in-person voting on election day. In a by-985 mail election, election day will be the date designated by the clerk as the deadline by which a 986 voter’s ballot must be voted, witnessed, mailed, and, if postmarked, date-stamped by the post 987 office. 988 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 67 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 30 of 31 A. The notice of election calling for the election must state that the election is to be conducted 989 by-mail and that there will be no polling place open for regular in-person voting on election day, 990 with the exception of designated absentee in-person or early voting polling locations. 991 B. For each election conducted by mail, the public notice published will include the information 992 specified in KIBC section 7.10.060. 993 7.70.030 Absentee voting Election officials - duties. 994 In each election conducted by mail, the assembly shall appoint an election board composed of at 995 least three The borough clerk may appoint election officials for each precinct in which the election 996 is to be held. In the precincts of in Akhiok, Cape Chiniak, Karluk, Larsen Bay, Old Harbor, 997 Ouzinkie, and Port Lions who are willing and able to serve as absentee voting officials. Absentee 998 voting officials serving under this section shall be compensated at a rate determined by the clerk 999 to be commensurate with the duties as compared to other election officials. The Clerk shall 1000 provide moderate compensation to the absentee voting officials to cover added expenses of the 1001 administration of this service, which shall be agreed to by the absentee voting , at least one 1002 election official for each precinct shall be available for at least 15 days preceding the election and 1003 on election day, at the hours and location specified by the clerk. For the precincts of Flats, Kodiak 1004 No. 1, Kodiak No. 2, and Mission Road, at least one election official shall be available for at least 1005 15 days preceding the election and on election day, at the hours and location specified by the 1006 clerk. The clerk shall supply adequate voting supplies and ballots to the election officials. All 1007 election officials, before entering upon their duties, must subscribe to the oath required of all public 1008 officers by the Constitution of the state in the manner prescribed by the clerk. The duties of the 1009 election official shall be as follows: 1010 A. Provide absentee voting in person and personal representatives voting on any date the 1011 election officials are available, including the day of the election., following the procedures in KIBC 1012 7.50.030 and 7.50.040. Voters have until the day of the election to return ballots. 1013 B. Sign a voter’s by-mail oath and affidavit envelope as an authorized attesting official, except 1014 that the election official may not attest the official’s own ballot. 1015 C. Accept receipt of a by-mail voter’s hand-delivered voted ballot, which has been sworn to, 1016 attested, and sealed in the by-mail return envelope. 1017 D. Provide general voter assistance including, but not limited to, assistance to a qualified voter 1018 who cannot read, mark the ballot, or sign the register, and providing replacement ballots to voters 1019 who have improperly marked or damaged their ballots. 1020 E. Date-stamp all ballots received by the election officials at their stations. 1021 F. Receive ballots and Pprovide for the security and safekeeping of all ballots received by the 1022 election officials at their stations and present return those ballots to the clerk for canvassing. The 1023 borough clerk will specify the means of returning the voted ballots and all other election supplies 1024 to the borough. 1025 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 68 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 31 of 32 G. The election officials for the precincts of Flats, Kodiak No. 1, Kodiak No. 2, and Mission Road 1026 shall receive and date-stamp ballots delivered by the United States Postal Service and present 1027 those ballots to the clerk for canvassing. 1028 H. Any other duties assigned by the clerk. 1029 1030 7.70.040 Notification to voters. 1031 In addition to the public notice required by KIBC 7.10.060, the clerk shall send to each voter whose 1032 name appears on the official register advance notice of the election at the mailing address stated 1033 in the voter’s current registration record. The notice will be sent before ballots are mailed, and will 1034 include: 1035 A. The date of the election. 1036 B. Disclosure that the election will be conducted by mail and that no polling place will be available 1037 for regular in-person voting on election day. 1038 C. Designation of the offices to which candidates are to be nominated or elected and a statement 1039 of the subject of the propositions and questions that are to appear on the ballot. 1040 D. Designation of the date on which ballots are expected to be mailed to the voters. 1041 E. Designation of the dates upon which a voter who may not have received a ballot can appear 1042 before a by-mail official and vote in person as specified in KIBC 7.70.030. 1043 F. A listing of appointed by-mail officials and their hours and locations, and the services they can 1044 provide. 1045 G. A statement of when the ballots may be voted, and the date upon which the ballot must be 1046 postmarked and received by the clerk or received by the by-mail voting official as specified in 1047 KIBC 7.70.030 in order to qualify for inclusion in the election tabulation. 1048 H. Brief general instructions on how the ballots must be voted and how the oath and affidavit 1049 envelope must be completed. 1050 7.70.050 Notice of election. 1051 For each election conducted by mail, the public notice posted in each precinct and the notice 1052 published in newspapers of general circulation in the area of the election jurisdiction will include 1053 the information specified in KIBC 7.70.040. 1054 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 69 of 112 Kodiak Island Borough, Alaska Ordinance No. FY2023-05 VERSION 2 Page 32 of 32 7.70.060 Voter instructions. 1055 Specific instructions for voting a by-mail ballot and a list of the appointed by-mail officials, their 1056 hours and locations, will be mailed to each voter with the ballot. 1057 7.70.0470 Casting ballots. 1058 A. Upon receipt of a by-mail-in ballot, the voter shall cast the ballot in the manner specified in 1059 KIBC 7.50.050(C) and (D). If the ballot is cast in the clerk’s office, the in the presence of an 1060 election official, the official clerk shall may retain it for delivery to the canvas board. If the ballot is 1061 cast in another location, the voter shall return it by mail to the clerk immediately for delivery to the 1062 canvas board. 1063 B. A voter who does not receive a by-mail-in ballot may cast the early vote or cast an absentee 1064 ballot in person as specified in KIBC 7.70.030. 1065 C. A voter may return the mail-in ballot to a by-mail official as provided in KIBC 7.70.030. 1066 7.70.0580 Storing ballots. 1067 The clerk shall provide for the secure storage of the mail-in ballots received from the voters and 1068 by-mail officials until the date set by the clerk for the counting of the ballots. 1069 Effective Date: This ordinance takes effect upon adoption. 1070 1071 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 1072 THIS______ DAY OF ____________, 2022 1073 1074 KODIAK ISLAND BOROUGH 1075 1076 ATTEST: 1077 ___________________________ 1078 William Roberts, Mayor ______________________________ 1079 Nova M. Javier, MMC, Borough Clerk 1080 1081 VOTES: 1082 Ayes: 1083 Noes: 1084 1085 AGENDA ITEM #10.D. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 70 of 112 HISTORICAL TURNOUT IN CHINIAK AND THE VILLAGES 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 # of Registered Voters By-mail # of VC # of VC # of VC # of VC # of VC # of VC # of VC # of VC # of VC # of VC Chiniak 144 29 36 35 27 28 29 33 36 18 40 Larsen Bay (Incl. Akhiok and Karluk)157 17 23 24 22 33 34 32 37 35 36 Old Harbor 140 42 11 44 47 41 36 40 30 37 38 Ouzinkie 140 37 80 59 38 37 58 50 45 55 57 Port Lions 181 24 23 37 26 32 40 22 34 50 58 OTHER CHALLENGES IN HOLDING IN-PERSON VOTING IN THESE LOCATIONS •Availability of workers – difficulty forming election boards with the limited number of people who are available or willing to work •Election workers running for office/familial relationships – workers running for office and are serving in locations where voting is held. At times, election workers are related to those who are running for office. •Weather challenges - flying in and out for training. At times, costly accommodations for long periods while workers are stranded in Kodiak. Inability to get election materials and certificates/results in time due to bad weather. •Emergencies - Instances where precinct chair or workers flew into Kodiak and could not get back to the village in time for election. Encountered last minute emergencies where we ended up with inexperienced election workers in one of the precincts and sudden relocations of trained workers. Having inexperienced and untrained workers is a huge concern for the Clerk’s office. •Voting locations – the Borough and cities have had a long history of sharing election workers. The past few years, we have had instances of separating election boards because of the Borough workers running for office. At times, it is too late to find out that there are familial relationships happening due to the different nominating periods in place. This has become a burden for the Borough and the Cities to be precise, it is extremely difficult to find last minute election workers or City clerks needing to be constantly watchful as to avoid violating electioneering rules and risking an election that could end up with an election contest. •Other issues - Unable to provide oversight on Election Day and difficulty providing support. Intermittent telecommunication issues on day of Election. AGENDA ITEM #10.D.Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordin...Page 71 of 112 KODIAK ISLAND BOROUGH STAFF REPORT JULY 7, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2023-01 Approving The Animal Control Contract For FY2022 & FY2023 With The City Of Kodiak ORIGINATOR: Seema Garoutte, Interim Community Development Director RECOMMENDATION: Move to approve Contract No. FY2023-01, a two-year contract with the City of Kodiak in the sum of $150,430 for year one and $152,310 for year two for animal control services. DISCUSSION: Kodiak Island Borough Code 3.30.0200 Limitation on Manager's Authority states that the manager may not make an acquisition, sale, transfer or contract authorized by KIBC 3.30.010 if the value of the property, service, or contract exceeds $25,000 without first obtaining assembly approval. Contract No. FY2023-01 is a renewal of the existing animal control contract between KIB and the City of Kodiak (COK) that expires on June 30, 2022. KIB has traditionally contracted with COK for enforcement of KIBC 6.04 - Animal Control, in order to utilize the Kodiak Animal Shelter and eliminate the unnecessary duplication of efforts and costs. This is a 24% increase from FY2022. The City of Kodiak did not provide any information for the rate of increase, nor share the budget for that expenditure when asked by KIB. ALTERNATIVES: Do not accept the contract. Find an alternative way to enforce animal control code. FISCAL IMPACT: $150,430 for year one and $152,310 for year two. An adjustment to the FY2023 budget will have to be made. OTHER INFORMATION: AGENDA ITEM #14.A.1. Contract No. FY2023-01 Approving The Animal Control Contract For FY2022 ...Page 72 of 112 Animal Control Services City Contract No. 255905 Page 1 of 5 Contract # 255905 ANIMAL CONTROL CONTRACT Between the CITY OF KODIAK and the KODIAK ISLAND BOROUGH THIS AGREEMENT is made and entered into by and between the KODIAK ISLAND BOROUGH, hereinafter “KIB” and the CITY OF KODIAK, hereinafter “CITY,” in consideration of the mutual promises contained herein and shall be effective July 1, 2022, as specified herein. WHEREAS, the KIB adopted Ordinance No. 86-16-0(A) authorizing the control of animals outside of cities for the purpose of protecting the public health and safety; and WHEREAS, the KIB wishes and is authorized to contract for animal control service by Kodiak Island Borough Subsection 6.04.200(C); and WHEREAS, the CITY is willing to provide said services to the KIB. NOW, THEREFORE, the parties hereto covenant and agree as follows: Section 1. DEFINITIONS. In this contract: A. “KIB” means the Kodiak Island Borough. B. “Animal Code” means Chapter 6.04 of the Kodiak Island Borough Code and any amendments thereto. C. “Animal Shelter” means the City of Kodiak Animal Shelter. D. “Chief Animal Control Officer” means the Kodiak Island Borough Manager or his/her designee. E. “Complaint” means a request to the CITY for service or services. F. “CITY” means City of Kodiak, its agents and employees. Section 2. SCOPE OF SERVICES. A. The CITY shall provide non-law enforcement personnel and resources to enforce KIB animal control related codes and ordinances, and provide a facility to perform those animal control services set forth in this contract. Section 3. ENFORCEMENT AND COMPLAINT RESPONSE; ANIMAL CONTROL OFFICER(S). A. The CITY shall employ an Animal Control Officer (ACO) who shall respond to complaints in the Kodiak Island Borough in the following priority: (1) Kodiak Police Department and Alaska Troopers emergency calls; (2) quarantine violations; (3) dog bites or aggressive dogs; (4) injured animals; (5) cruelty to animals; (6) trapped animals; (7) loose animals; (8) animal noise complaints; and (9) patrol of neighborhoods experiencing animal nuisance problems. AGENDA ITEM #14.A.1. Contract No. FY2023-01 Approving The Animal Control Contract For FY2022 ...Page 73 of 112 Animal Control Services City Contract No. 255905 Page 2 of 5 B. The ACO will patrol and respond to complaints originating within the communities of Monashka Bay, Spruce Cape, and Woman’s Bay. The ACO will respond to complaints originating within the communities of Anton Larson, Chiniak, and Pasagshak. The ACO will not patrol or respond to areas off the road system. C. ACO may issue citations for subject violations of the Animal Code, participate in the prosecution of such citations, and investigate and prepare reports regarding serious code violations. The ACO shall impound stray dogs and other domestic animals which are subject to impoundment; when necessary, bring animals into the Animal Shelter under protective custody; enforce the quarantine of animals that have bitten persons; inspect, for sanitary conditions, premises where animals are kept; participate in administrative hearings; and generally assist, in a professional manner, citizens and other law enforcement agencies who have requested help with animal problems. D. The CITY shall provide around-the-clock, seven-days-per-week telephone answering service to accept and record animal complaints and calls from the public. E. The CITY shall use its best efforts to respond in a timely manner to all calls of an emergency nature (e.g., vicious animals, cruelty to animals, trapped animals) received. F. ACO patrols and non-emergency response services shall be made available to the public on a regular basis Section 4. CARE, REDEMPTION, ADOPTION, AND DEPOSITION OF ANIMALS. Care, redemption, adoption, and deposition of animals and hours of Animal Shelter operation shall coincide with those established by the CITY, as a municipal government, for Animal Control operations presently administered within the city limits. Section 5. INSURANCE. A. The CITY shall provide insurance coverage in the following amounts: a. Workers’ Compensation insurance as required by AS 23.30.045 or any other applicable statutes or regulations. b. General Liability insurance with a minimum of $10,000,000 per occurrence and/or aggregate combined single limit, personal injury, bodily injury, and property damage. c. Vehicle Liability insurance including applicable uninsured/underinsured coverage, with limits of liability of not less than a minimum of $1,000,000 per occurrence combined single limit bodily injury and property damage. B. The following shall be Additional Insureds: The KIB, including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees and volunteers. This coverage shall be primarily to the KIB, and not contributing with any other insurance or similar protection available to the KIB, whether other available coverage be primary, contributing, or excess. C. To the extent allowed by law and subject to appropriation, KIB and City each hereby releases and agrees to defend, indemnify, and hold the other party, elected and appointed AGENDA ITEM #14.A.1. Contract No. FY2023-01 Approving The Animal Control Contract For FY2022 ...Page 74 of 112 Animal Control Services City Contract No. 255905 Page 3 of 5 officials, employees, contractors, and volunteers harmless from and against all claims, demands, causes of action, suits, damages, liabilities, losses, and expenses including court costs and reasonable attorney's fees, and all loss, damage, injury, or death resulting to the indemnifying party's property, subcontractors, or personnel, arising out of or in connection with the services, or the performance of this agreement, whether or not such loss, damage, injury, or death is alleged to be due to the act, omission, negligence (whether contributory, joint, or sole) fault or strict liability of the indemnified party. In no event shall either party be liable to the other for indirect, special, incidental or consequential damages, including, but not limited to, loss of profits, loss of use of assets or loss of product or facilities downtime. D. A sixty (60) day Notice of Cancellation or Change, Non-Renewal, Reduction and/or Materials Change shall be sent to the KIB at the address indicated in Section 11 (Notices) of this agreement. E. The CITY shall provide evidence of coverage, with endorsements, to the KIB at the time that the contract is executed, as listed below:  Certificate of Workers’ Compensation Insurance  Certificate of General Liability Insurance  Certificate of Vehicle Liability Insurance F. If any of the above coverage is amended or expires during the term of the contract, the CITY shall deliver renewal certificates and/or policies to the KIB at least ten (10) days prior to the expiration date. The CITY shall not commence operations under this agreement until it has obtained the coverage required under the terms of this agreement. All coverage shall be with insurance carriers licensed and admitted to do business in the State of Alaska. All coverage shall be with carriers acceptable to the KIB. If the CITY fails to comply with the insurance requirements of this agreement, the KIB may terminate the agreement on ten (10) days written notice. The CITY covenants to maintain all insurance policies required in this agreement for the period of time in which a person may commence a civil action as prescribed by the applicable statute of limitations. The coverage required by this agreement shall cover all claims arising in connection with the CITY activity authorized under this agreement, whether or not asserted during the term of this agreement and even though judicial proceedings may not be commenced until after this agreement expires. Section 6. LICENSING. A. The CITY shall administer the licensing of individual dogs as stated in the Animal Code and in the KIB fee schedule. AGENDA ITEM #14.A.1. Contract No. FY2023-01 Approving The Animal Control Contract For FY2022 ...Page 75 of 112 Animal Control Services City Contract No. 255905 Page 4 of 5 B. The CITY shall post a public notice in the Animal Shelter lobby, as well as provide periodic newspaper and public service announcements, stating that all dogs over three months of age must be licensed. C. All tags, certificates, and other supplies necessary for licensing will be provided by the CITY. Section 7. CUSTOMER SERVICE. The CITY will publish hours for public access to recover or adopt animals five days per week, and have available emergency response capability to access the Animal Shelter on a twenty-four (24) hour per day basis. Section 8. FEE COLLECTION. A. The CITY shall collect any licensing fees authorized by the Animal Code and periodically transfer the amount collected to the KIB. B. Kodiak Island Borough may conduct a periodic audit or review of the CITY’s fee collection process. Section 9. CONTRACT TERM. This contract is effective from July 1, 2022 through June 30, 2024, and the parties may review and renegotiate terms and costs annually. Section 10. CONTRACT ADMINISTRATION AND MANAGEMENT. A. The KIB Community Development Department shall administer this contract on behalf of KIB. B. The Kodiak City Manager shall administer this contract on behalf of the CITY. Section 11. NOTICES. Any notice required pertaining to the subject of this contract shall be personally delivered or mailed by prepaid first class registered or certified mail, return receipt requested, to the following addresses: KODIAK ISLAND BOROUGH CITY OF KODIAK Borough Manager City Manager 710 Mill Bay Road #125 710 Mill Bay Road #220 Kodiak, AK 99615 Kodiak, AK 99615 Section 12. INSPECTION AND RETENTION OF RECORDS. The CITY shall maintain an accounting and documentation of expenditures and shall allow KIB to examine such records as well as any of the CITY’s records with respect to animal control matters at all times during normal business hours and as often as KIB may deem necessary, including the AGENDA ITEM #14.A.1. Contract No. FY2023-01 Approving The Animal Control Contract For FY2022 ...Page 76 of 112 Animal Control Services City Contract No. 255905 Page 5 of 5 City’s approved records retention period after the termination of this contract. The CITY shall permit KIB to audit, examine, and make copies, and/or excerpts or transcripts from such records and to audit all invoices, materials, payrolls, records or personnel, and other data relating to any matter covered by this contract. The CITY shall maintain all of its records pertaining to this contract for a period of not less than two years after termination of this contract. Section 13. BUDGET AND REIMBURSEMENT OF EXPENSES. A. Upon condition of satisfactory performance in all respects by the CITY and subject to the remainder of this section, KIB shall pay the CITY a sum of $ 150,430 for year one and $152,310 for year two. The compensation shall be paid in advance in semi-annual installments, July 1 and January 1. B. The CITY and KIB shall separately assume any legal costs associated with animal control enforcement within their respective areas of jurisdiction. C. The KIB shall be responsible for direct costs associated with the transportation, lodging, feeding, and veterinarian services for animals outside the CITY that cannot be transported by the Animal Control Officer and/or are not able to be lodged at the Kodiak Animal Shelter, provided prior written approval has been obtained from KIB. Section 14. AMENDMENT OR TERMINATION. This Agreement will become effective July 1, 2022, and continue in force until June 30, 2024, except that, in addition to the termination provisions in Section 6.F. (Insurance), it may be terminated by either party upon thirty (60) days written notification to the other. The City will refund any prepaid amount within ten days of termination, on a pro-rata basis. This Agreement may be amended by written agreement of the parties. IN WITNESS WHEREOF, the parties have executed this contract on the date and at the place shown below: CITY OF KODIAK KODIAK ISLAND BOROUGH Mike Tvenge, City Manager ATTEST: Roxanne Murphy, Borough Manager ATTEST: Michelle Shuravloff-Nelson, City Clerk Nova Javier, Interim Borough Clerk AGENDA ITEM #14.A.1. Contract No. FY2023-01 Approving The Animal Control Contract For FY2022 ...Page 77 of 112 m_nm__m>mHo:m._w>>m._wnE::3:2u._OQwL£5homE_.w?u<.NNON>m<4.HNON9::.NNON>n_._O«2 co_«mE._ot.__2;? xoo? xwm £3 :3 :8 :8 ea? «Km $9» R;n:o._on 8.2 oo?w ooamo 8.3 8.3 oo.$ OOK oo..R 8% _3o._. ~H mmm Sm 2 n~ 3 me 3» .._u:o._om Hm~ mm mm M: E «N 3 Eu 2.8 ._~_.__._u\._.=_uua~._ mumconmmz_m3u< m__mu_m3u< m_nE_=<u:_>o::< >u_u:..u m_mE_:<w>_mmo..mu< 2_o_§_u mmuucwus muc:onE_ mu_>..wm AGENDA ITEM #14.A.1. Contract No. FY2023-01 Approving The Animal Control Contract For FY2022 ...Page 78 of 112 manual :01 2 1Fund100-General FundDepartment140-PoliceSubDepartment145-Animal ControlSalanesdWages410.100 Salaries &wages 33,676.02 6,560.46 46,663.90 57,367.01 34,794.0165,730.(X)8,363.0015410.140 Ovemme 136.69 66.93 1,780.46 1,000.00 2,214.851,000.00.00410.160 HolidayPay 1,W0.4B 30.05 2,591.83 .2,405.88.00.00410.170 Annual Leave 2,614.41 131.80 7,799.50 5,942.00 4,509.726,809.00867.11)15410.180 Sci:Leave 1,555.45 210.85 3,163.70 .2,208.81.00.005aI:7n'('¢&Wages Ii lals $39,983.05 $7,049.09 $62,W4.39 $46,133.27$73,539.00$9,230.0014%Flnpmyee Benz-?ts 420.110 Heal?o Insurance 13,874.76 9,256.38 47,165.50 48,564. 01 40,407.9054,320.005,756.0012420.120 Sodal Secumy 3,053.71 539.26 4,743.32 4,465. 00 3,529.205,105.00640.11)14420.130 RetirementOznubmions 7,023.52 1,294.39 12,397.85 12,841. 00 10,101.%14,681.001,840.0014420.131 PEIL5Obilga?on Gen Fund 2,571.35 341.40 5,025.59 2,919. 00 .003,337.00418.1!)14420.135 Uniforms 360.87 .00 271.25 5 (X).00213.165N.00.00420.200 Workmem Compensation 1,165.25 164.22 1,165.20 2,653. 00 851.953,037.00384.U)14um:/oyeo Bene?ts Iota/5 Prvrz-szslonalSGIVICPS 430.110 PmfessionalServices 125,000.00 125,075.00 130,&'l0.00 132,030. 00 132,000.00134,000.002,(l)0.0D2430.170 AnimalTag AdminFee 25.00 35.00 18.00 200. 00 6.002000).00Pmfessmnalb(‘l|'1[k‘5 Twat:3125,0251!)$125,110.00 $130,818.00 $132,200. 00 3132,006.00$134,200.(X)sz,ooo.oo2955411)/I0/TC-‘ood5&S-.'/VI4‘e‘.< 450.115 Telephone 0)143.49 518.20 540. 00 342.25540.W.00450.135 Training 0 Cev??cnuons .00 50.00 199.00 5111 .00 .005w.(X)_m450,310 Supplies 342.81 415.73 367.05 500. 00 412.475W.00.00Si/ppolt Goods 3 59/vices 7015/;$342.81 $609.22 $1,084.25 $1,540. 00 $754.72$1,540.W$0.000%Repairs AiMd/IIIBIIEIIOI‘ 450.510 Repair 31Maintenance 674.67 256.14 2,954.69 3,W0. 00 10,613.361,500.00(1,500.00)(50)450.550 R A MVehide 10.00 .00 10.00 50. 00 .0050100.00Repair:&Ma/nrz-nalla oral; Gaptral Omar: 470.120 lmpmv other <$5000 3,500.00 .00 .00 . 00 .00.00.00470.125 MadI&EquipLess $5000 .00 .00 .00 4M.l]J 281.196,500.11)6,100.001,525470.126 Madt?fqulp Greamr$5000 .00 22,240.00 .00 8,300.00.00.00(8,8(D.(XJ)(100) Run by Julie Uew on 04/13/202214:16:39 PM page23of112 F Y 20 23 Opera ting Budgets-Draft Ci ty ofKodi ak 02 023Cnymanloev3arlanceln B ud ge t Year2023 .4...£w.".t~3"' 202 1 un Vari anc e 2l * d Ml AGENDA ITEM #14.A.1.Contract No. FY2023-01 Approving The Animal Control Contract For FY2022 ...Page 79 of 112 nun gum """/2‘-.»mmn-.m'-'- mm Fund 100 -General FundDepartment140-vollceSub-Department 145 -AnimalQprlal01///ays CapilaloutlaysTala/5$3,600.00$22,240.00$0.00$9,200.00$281.19$6,500.00(31709.99)(29%)I/chic/1=Rep/an-rnen!Fund '470-130 VehicleReplace 100 5,101.125,101.125,101.122,551.002550S6255100oo:~.-.Ve?ldr 1172.1155,101.12$5,101.12$5,101.12$2,551.00 b-oepanmcm 145 - Ani mal ControlTlal$202-791~H$l7l.96I~Z2$247,443.17$300,860.00$16,053.005% F Y 2 0 2 3 Opera ting Budgets-Draft Run by Julne Ijewon04/13/202214:16:39PMPage29or112 Ci ty ofKodi ak B u d g et Year2023 Act ual 20Adopted EXPE 91>to 3 Va nn no e to F 2 0 2 2 Ad u 213 it v M a agar 201 9 I Z 0 2 0 ctua AGENDA ITEM #14.A.1.Contract No. FY2023-01 Approving The Animal Control Contract For FY2022 ...Page 80 of 112 KODIAK ISLAND BOROUGH STAFF REPORT JULY 7, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2023-02 with Discover Kodiak to Provide Tourism and Marketing Development Services in Fiscal Year 2023 ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support RECOMMENDATION: Move to Approve Contract No. FY2023-02 with Discover Kodiak to Provide Tourism and Marketing Development Services in Fiscal Year 2023 DISCUSSION: This is the annual contract with Discover Kodiak to provide tourism and marketing development services for the borough in Fiscal Year 2023. This contract is in the amount of $75,000 which is the amount approved for this purpose in the fiscal year 2023 Tourism Development Fund budget. Kodiak Island Borough and Discover Kodiak staff have reviewed the contract and agree that it is ready for Assembly approval. ALTERNATIVES: Approve, amend, or fail to approve the contract. FISCAL IMPACT: $75,000 OTHER INFORMATION: AGENDA ITEM #14.A.2. Contract No. FY2023-02 with Discover Kodiak to Provide Tourism and Marke...Page 81 of 112 Page 1 of 2 DESTINATION MARKETING & TOURISM DEVELOPMENT PROGRAM AGREEMENT THIS AGREEMENT is entered into by and between the Kodiak Island Borough (Borough) and Discover Kodiak (contractor) 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. Section 1. INTENT OF AGREEMENT. The contractor is hereby contracted to provide destination marketing and tourism development in the Kodiak Island Borough. Section 2. SCOPE OF WORK. The contractor will work with the Discover Kodiak Board of Directors to accomplish the following tasks: a. Produce collateral marketing materials, including the Discover Kodiak Visitor Guide b. Maintain and staff the Kodiak Visitor Center c. Work with the Alaska Travel Industry Association to ensure Kodiak is represented in their ongoing national and international marketing programs d. Continue work with the communities in the Kodiak Island Borough to determine the role tourism does and can play in the community economies e. Work with the Kodiak Chamber of Commerce to transform the visitor industry into a significant component of the Kodiak region’s economy f. Continue development of the kodiak.org website to improve its usability and visibility to visitors, potential businesses, and residents g. Work with Kodiak College, the Kodiak Island Borough School District, Kodiak Area Native organizations, and other organizations to encourage entrepreneurship and assist small business development in the visitor industry h. Maintain a travel press kit to be available on the kodiak.org website i. Continue work with the airline industry and the Alaska Marine Highway System to maintain and improve access to the Kodiak region A minimum of four Board of Director meetings will be scheduled during the term of this Agreement for the purpose of maintaining board input and guiding the efforts of the contractor. A written summary of Discover Kodiak activities will be submitted to the Borough Manager’s Officer and an agenda AGENDA ITEM #14.A.2. Contract No. FY2023-02 with Discover Kodiak to Provide Tourism and Marke...Page 82 of 112 277 287 448.364 Contract No. FY2023-02 Page 2 of 2 item shall be set each quarter for the contractor to present to the the Kodiak Island Borough Assembly. Section 3. TERM. This agreement will remain in effect July 1, 2022 through June 30, 2023, unless earlier terminated. Either party shall have the right to terminate the agreement without penalty upon one month’s written notice to the other. Section 4. COMPENSATION. As compensation for all services rendered under this agreement, contractor shall be paid $75,000.00 by the Kodiak Island Borough. Said compensation shall be paid in equal installments of $18,750.00 on the second Friday of July (or upon execution of this contract), and October 2022, and January and April 2023. IN WITNESS WHREROF the parties have executed this Agreeme nt on this ____ day of June, 2022. KODIAK ISLAND BOROUGH DISCOVER KODIAK __________________________ _______________________________ Roxanne Murphy Aimee Williams Manager Executive Director Attest: ________________________________ Borough Clerk AGENDA ITEM #14.A.2. Contract No. FY2023-02 with Discover Kodiak to Provide Tourism and Marke...Page 83 of 112 KODIAK ISLAND BOROUGH STAFF REPORT JULY 7, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2023-05 A Resolution Of The Kodiak Island Borough Assembly Appointing A Member To The Joint Seat On The Kodiak Fisheries Development Association’s Board Of Directors ORIGINATOR: Kristle Blanco, Assistant Clerk RECOMMENDATION: Move to adopt Resolution No. FY2023-05. DISCUSSION: In 2005, Kodiak was designated as an eligible crab community and in connection with such designation the Kodiak Island Borough and the City of Kodiak have the authority to jointly exercise certain rights of the first refusal with respect to processor quota shares allocated under the Bering Sea/Aleutian Island Crab Rationalization Program. The bylaws of the Kodiak Fisheries Development Association (KFDA) state, in part, that Directors shall serve for three year terms and until their successors are appointed and qualified. Aside from assembly confirmation, t his particular appointment is also subject to the confirmation of the City Council since this seat is a jointly appointed seat. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Mr. Stosh Anderson did not submit an application; however, he indicated his willingness to stay on board for another 3 years. Mr. Anderson has served multiple terms on this board and we are grateful for his service. AGENDA ITEM #14.B.1. Resolution No. FY2023-05 A Resolution Of The Kodiak Island Borough Assem...Page 84 of 112 Kodiak Island Borough, Alaska Resolution No. FY2023-05 Page 1 of 2 Introduced by: The Borough Manager thru the Mayor 1 Drafted by: Clerk Office 2 Introduced on: 07/07/2022 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2023-05 7 8 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPOINTING A 9 MEMBER TO THE KODIAK FISHERIES DEVELOPMENT ASSOCIATION’S BOARD OF 10 DIRECTORS 11 12 WHEREAS, the North Pacific Fishery Management Council adopted the Bering Sea/Aleutian 13 Islands Crab Rationalization Program as Amendments 18 and 19 to the Fishery Management 14 Plan for Bering Sea /Aleutian Islands King and Tanner Crabs; and 15 16 WHEREAS, under the Program, Kodiak was designated as an eligible crab community (ECC) 17 and in connection with such designation the Kodiak Island Borough and the City of Kodiak have 18 the authority to jointly exercise certain rights of first refusal (ROFR) with respect to processor 19 quota shares (PQS) allocated under the Program; and 20 21 WHEREAS, to exercise the ECC ROFR the Kodiak Island Borough and the City of Kodiak have 22 jointly designated the Kodiak Fisheries Development Association (KFDA) as the region's eligible 23 crab community entity (ECCE) having the authority to do so on their behalf; 24 25 WHEREAS, the bylaws of the Kodiak Fisheries Development Association provide for 26 appointment of Directors to the Board of the KFDA by the Kodiak Island Borough Assembly the 27 Kodiak City Council; and 28 29 WHEREAS, the bylaws of the KFDA state, in part, that Directors shall serve for three year terms 30 and until their successors are appointed and qualified; and 31 32 WHEREAS, this appointment, aside from the Assembly confirmation, is subject to the 33 confirmation of the City Council since this seat is a jointly appointed seat. 34 35 WHEREAS, Mr. Stosh Anderson has indicated that he wishes to continue serving as a Joint 36 Appointee on the KFDA Board of Directors. 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 39 BOROUGH that Mr. Stosh Anderson is appointed as a Director of the Kodiak Fisheries 40 Development Association for a three-year term pending confirmation of the Kodiak City Council. 41 42 43 44 AGENDA ITEM #14.B.1. Resolution No. FY2023-05 A Resolution Of The Kodiak Island Borough Assem...Page 85 of 112 Kodiak Island Borough, Alaska Resolution No. FY2023-05 Page 2 of 2 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 45 THIS __ DAY OF________, 2022 46 47 KODIAK ISLAND BOROUGH 48 49 ATTEST: 50 ___________________________ 51 William Roberts, Mayor ___________________________ 52 Nova M. Javier, Borough Clerk 53 VOTES: 54 Ayes 55 Noes: 56 57 AGENDA ITEM #14.B.1. Resolution No. FY2023-05 A Resolution Of The Kodiak Island Borough Assem...Page 86 of 112 Revision Date: 6/14/2022 Revised by: AR KODIAK FISHERIES DEVELOPMENT ASSOCIATION BOARD OF DIRECTORS 2020 KODIAK ISLAND BOROUGH / CITY OF KODIAK NAME TERM PHONE EMAIL CITY APPOINTEES Crab Processor Representative John Whiddon 7/2022 (907) 942-4650 jwhiddon@city.kodiak.ak.us Crab Harvester Representative Vacant 7/2023 JOINT APPOINTEES Stosh Anderson Linda Freed Albert Tyler Schmeil 7/2025 7/2023 7/2023 (907) 486-3673 (907) 486-5314 (907) 486-8587 stosh_a@hotmail.com freed@gci.net tmschmeil@gci.net BOROUGH APPOINTEES Crab Processors Representative Vacant 7/2024 Crab Harvester Representative Vacant 7/2024 OFFICE OF THE CITY MANAGER 710 MILL BAY ROAD, ROOM 114 KODIAK, AK 99615 CITY MANAGER, Mike Tvenge 486-8640 mtvenge@city.kodiak.ak.us STAFF: Resolution No. FY2008-04 states: “Directors shall be appointed by joint resolution of the Borough Assembly and City Council. Appointments shall take place annually, at July meetings of the Borough Assembly and City Council. Directors shall have staggered three (3) year terms of office, assigned by a random selection method at the first Board meeting, such that as close as possible to one third (1/3) of the Board is up for appointment each year. Directors shall serve until their successors are appointed and qualified.” AGENDA ITEM #14.B.1. Resolution No. FY2023-05 A Resolution Of The Kodiak Island Borough Assem...Page 87 of 112 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DESIGNATING THE "KODIAK FISHERIES DEVELOPMENT ASSOCIATION" AS KODIAK'S "ELIGIBLE CRAB COMMUNITY ENTITY" IN CONNECTION WITH THE BERING SEA /ALEUTIAN ISLANDS CRAB RATIONALIZATION PROGRAM WHEREAS, the North Pacific Fishery Management Council has adopted the Bering Sea /Aleutian Islands crab rationalization program (the "Program ") as Amendments 18 and 19 to the Fishery Management Plan for Bering Sea /Aleutian Islands King and Tanner Crabs; and WHEREAS, Congress amended the Magnuson- Stevens Fishery Conservation and Management Act to require the Secretary of Commerce to approve and implement the Program; and WHEREAS, the National Marine Fisheries Service issued a Final Rule implementing the Program on March 2, 2005, that takes effect on April 1, 2005; and WHEREAS, under the Program, Kodiak is designated an "Eligible Crab Community Entity" (ECCE), and in connection with such designation, the City of Kodiak and the Kodiak Island Borough have the authority to jointly exercise certain Rights of First Refusal (ROFR) with respect to Processor Quota Shares (PQS) allocated to entities in Kodiak and certain communities in the Northern Gulf of Alaska, upon a proposed transfer of such PQS for use in processing outside of the community within which it is initially allocated; and WHEREAS, to exercise their ECCE ROFR, the City of Kodiak and the Kodiak Island Borough must jointly designate an entity (an ECCE) having the authority to do so on their behalf at least thirty 30) days prior to the ending date of the initial application period for crab quota shares under the Program; and WHEREAS, the Kodiak Island Borough Assembly has determined that it is in the Borough's best interests to designate an entity having the authority to exercise Kodiak's ROFR; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the "Kodiak Fisheries Development Association" (the "Association ") is hereby designated as Kodiak's ECCE, to represent the Kodiak Island Borough in connection with exercise of Kodiak's ROFR under the Program; and BE IT FURTHER RESOLVED THAT the Articles of Incorporation and Bylaws of the Association are hereby approved, and that the incorporators of the Association identified in the attached Articles of Incorporation are hereby authorized to incorporate the Association under the laws of the State of Alaska, and to take such actions as may be necessary or convenient to cause the Association to be qualified by the National Marine Fisheries Service as the Kodiak's ECCE. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTEENTH DAY OF MARCH 2005 ATTEST: udith A. Kodiak Island Borough, Alaska e s cMC, Borough Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. FY2005 -17 KODIAK ISLAND BOROUGH Introduced by: Mayor Selby Requested by: Mayor Selby Introduced: 03/17/2005 Adopted: 03/17/2005 Jere M. Selby, Borough Mayor Resolution No. FY2005 -17 Paae 1 of 1 AGENDA ITEM #14.B.1. Resolution No. FY2023-05 A Resolution Of The Kodiak Island Borough Assem...Page 88 of 112 KODIAK ISLAND BOROUGH STAFF REPORT JULY 7, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2023-06 Allocating Fiscal Year 2023 Kodiak Island Borough Nonprofit Funding ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support RECOMMENDATION: Move to approve Resolution No. FY2023-06. DISCUSSION: This is the annual resolution to document the allocation of funds being awarded to local nonprofit entities after the Assembly's review of the applications and based on the amount of funding included in the budget. ALTERNATIVES: Approve, amend, or fail to approve Resolution No. FY2023-06 Allocating Fiscal Year 2023 Kodiak Island Borough Nonprofit Funding FISCAL IMPACT: $170,000 OTHER INFORMATION: AGENDA ITEM #14.B.2. Resolution No. FY2023-06 Allocating Fiscal Year 2023 Kodiak Island Borou...Page 89 of 112 Kodiak Island Borough, Alaska Resolution No. FY2023-06 Page 1 of 1 1 Introduced by: KIB Assembly 2 Drafted by: Special Projects Support 3 Introduced on: 07/07/2022 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2023-06 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ALLOCATING 10 FISCAL YEAR 2023 KODIAK ISLAND BOROUGH NONPROFIT FUNDING 11 12 WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many benevolent 13 nonprofit organizations that provide services that enrich lives in our community; and 14 15 WHEREAS,Kodiak area charitable non-profit organizations provide humanitarian services 16 that many community members rely upon; and 17 18 WHEREAS,these organizations provide expanded education, cultural, and health services 19 that cannot be provided through the ordinary governmental budget; and 20 21 WHEREAS,these organizations expand the services that can be provided, with limited funds, 22 through the utilization of volunteers; and 23 24 WHEREAS,these organizations provide services that fit within the adopted powers of the 25 Kodiak Island Borough; and 26 27 WHEREAS,these organizations have submitted applications requesting funds; and 28 29 WHEREAS,the Kodiak Island Borough Assembly appropriated $170,000 in the FY23 budget 30 for Nonprofit Funding. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 33 BOROUGH that the Kodiak Island Borough contributions to nonprofits will be allocated as 34 described in the attached spreadsheet. 35 36 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 37 THIS DAY OF , 2022 38 39 KODIAK ISLAND BOROUGH 40 ATTEST: 41 42 ___________________________ 43 William Roberts, Mayor _____________________________ 44 Nova M. Javier, MMC, Borough 45 Clerk 46 VOTES: 47 48 Ayes: 49 Noes: AGENDA ITEM #14.B.2. Resolution No. FY2023-06 Allocating Fiscal Year 2023 Kodiak Island Borou...Page 90 of 112 Kodiak Island Borough FY23 Nonprofit Funding Budget:170,000 Requesting up to $25,000 Previous year's funding Approved Request Organization FY22 15,000$ 25,000$ Brother Francis Shelter - see below -$ 25,000$ Kodiak Area Native Assoc WIC Program 5,000 15,000$ 25,000$ Kodiak Lions Club - 20,000$ 25,000$ Kodiak Women's Resource Center 25,000 20,000$ 25,000$ Senior Citizens of Kodiak 25,000 15,000$ 24,000$ Kodiak Economic Development Corp - 10,000$ 20,000$ Kodiak Public Broadcasting (KMXT)10,000 10,000$ 15,000$ Old Harbor Alliance - 105,000$ 184,000$ Subtotal Requesting up to $5,000 Approved Request 4,000$ 5,000$ Alutiiq Heritage Foundation (Museum)4,500 4,000$ 5,000$ American Red Cross 3,000 4,000$ 5,000$ Hope Community Resources 4,500 4,000$ 5,000$ Hospice and Paliative Care of Kodiak 4,500 4,000$ 5,000$ Humane Society of Kodiak 4,500 4,000$ 5,000$ Kodiak Area Mentor Program 4,500 4,000$ Kodiak Area Native Assoc WIC Program 5,000 4,000$ 5,000$ Kodiak Area Tranist System - 4,000$ 5,000$ Kodiak Arts Council 7,500 see above Kodiak Economic Development Corp 4,000$ 5,000$ Kodiak History Museum 10,000 4,000$ 5,000$ Kodiak Kindness Project 3,000 see above Kodiak Lions Club 4,000$ 5,000$ Kodiak Maritime Museum 5,000 4,000$ 5,000$ Kodiak Rodeo and State Fair - 4,000$ 4,988$ Kodiak Soil and Water Conservation 4,900 4,000$ 5,000$ Kodiak Teen Court (requested $6,000)6,100 see above Old Harbor Alliance 4,000$ 4,308$ RurAL CAP 4,000 1,200$ 4,892$ St Paul Preschool - 65,200 79,188$ Subtotal 170,200 263,188$ TOTAL 136,000 AGENDA ITEM #14.B.2. Resolution No. FY2023-06 Allocating Fiscal Year 2023 Kodiak Island Borou...Page 91 of 112 Previous year's funding FY21 FY20 FY19 FY18 15,000 36,000 34,400 43,000 3,100 3,100 4,100 4,000 - - - 0 20,000 47,500 47,500 47,500 20,000 21,000 20,800 26,000 - - - - 4,000 3,700 4,100 4,000 - - - - 4,000 4,000 4,000 4,000 3,100 3,100 4,100 7,176 3,100 - - 4,000 3,100 3,100 4,100 4,000 3,100 3,100 4,100 4,000 4,750 4,500 4,100 4,000 3,100 3,100 4,100 4,000 - - - - 3,100 3,100 4,100 4,000 - 4,000 - 4,000 - - - - 4,000 4,000 - 4,000 - - - $4,000 3,100 3,100 - 4,000 3,100 3,100 - 6,211 - 3,100 4,100 - 1,200 - - 0 100,850 152,600 143,600 181,887 AGENDA ITEM #14.B.2. Resolution No. FY2023-06 Allocating Fiscal Year 2023 Kodiak Island Borou...Page 92 of 112 KODIAK ISLAND BOROUGH STAFF REPORT JULY 7, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2023-07 Designating Precincts, Where the Voter Turnout Was Less Than 75 Voters At The Last Regular Elections, As Ballot By Mail Precincts (Subject To Adoption Of Ordinance No. FY2023-05) ORIGINATOR: Nova Javier, Borough Clerk RECOMMENDATION: Move to adopt Resolution No. FY2023-07. DISCUSSION: Ordinance No. FY2023-05 was presented to the Assembly to revise various sections to the Election Code to bring it into compliance with recent and existing laws, reflect current best practices, and meet the present needs of the voters. Included in the revision is the ability to designate precincts where the voter turnout was less than 75 voters at the last regular election as ballot by mail precincts. This designation is discretionary. Resolution FY 2023-07 would designate five precincts as by mail precincts. In by mail precincts, under no circumstance should a voter be denied of an opportunity to vote. In order to ensure that each voter has an adequate opportunity to vote, the following procedures will be conducted or made available. • Ballots will be sent to each person whose name appears on the official voter registration list. That ballot may be cast in the same manner as absentee voting by mail and can be mailed back or delivered to an election official. • Any person who does not receive a by-mail ballot may vote an absentee in-person in any of the absentee voting sites. • Any person can early vote in the Office of the Borough Clerk in Kodiak during early voting period. • Any voter may contact the Borough Clerk's Office and a new ballot will be mailed to them. • For those who are unable to go the absentee voting locations due to age, illness, or a disability, a personal representative may pick up and deliver a ballot to the voter. Four of the five of the precincts affected by this resolution are each in locations where the historical turnout has been below 75 voters for the past ten years, and the other has been below 75 voters nine of the last ten years. See the table attached showing the past turnout. Low voter turnout precincts in remote locations pose special difficulties in adequately staffing the polls with trained election workers, both due to logistical issues, potential weather problems, the low number of persons eligible to staff precincts, and the greater likelihood of close family relationships between potential election workers and candidates. By mail elections, like the recent U.S. House special election, can be conducted effectively and with confidence. Where elections conducted by mail may provide each registered voter with the opportunity to cast their vote regardless of weather or unexpected election worker staffing problems, providing by mail elections in smaller remote precincts may promote smoother AGENDA ITEM #14.B.3. Resolution No. FY2023-07 Designating Precincts, Where the Voter Turnout ...Page 93 of 112 KODIAK ISLAND BOROUGH STAFF REPORT JULY 7, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough elections and greater assurance that each voter has the opportunity to cast their ballot. Accordingly, it is recommended that these precincts be designated as by mail. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.B.3. Resolution No. FY2023-07 Designating Precincts, Where the Voter Turnout ...Page 94 of 112 Kodiak Island Borough, Alaska Resolution No. FY2023-07 Page 1 of 1 Introduced by: Mayor and Assembly 1 Drafted by: Borough Clerk 2 Introduced on: 07/07/2022 3 Adopted on: 4 KODIAK ISLAND BOROUGH 5 RESOLUTION NO. FY2023-07 6 7 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DESIGNATING 8 PRECINCTS, WHERE THE VOTER TURNOUT WAS LESS THAN 75 VOTERS AT THE LAST 9 REGULAR ELECTION, AS BALLOT BY MAIL PRECINCTS (SUBJECT TO ADOPTION OF 10 ORDINANCE NO. FY2023-05) 11 12 WHEREAS, KIBC 7.30.025 Voting by-mail precincts states that precincts where the voter 13 turnout was less than 75 voters at the last regular election may be designated as absentee by 14 mail precincts by resolution of the assembly. In those precincts no precinct election board shall 15 be appointed; and 16 17 WHEREAS, KIBC 7.30.025(E) dictates that, as long as there are voting officials who are willing 18 and able to conduct absentee voting-in person, the Borough Clerk may provide absentee in the 19 locations where voting by-mail will occur; and 20 21 WHEREAS, absentee voting will be made available 15 days before an election, up to and may 22 include the day of the election, during the hours designated for absentee voting, by completing 23 an absentee in-person envelope. Personal representative voting will also be made available in 24 these locations. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that subject to the adoption of Ordinance No. FY2023-05 and based on the last voter 28 turnout from the last regular Election, the following precincts are designated as by-mail precincts: 29 32/800 Cape Chiniak Precinct 32/835 Old Harbor Precinct 30 32/840 Ouzinkie Precinct 32/845 Port Lions Precinct 31 32/815 Kodiak Island South - Larsen Bay Includes Akhiok and Karluk) 32 33 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 34 THIS DAY OF , 2022 35 36 KODIAK ISLAND BOROUGH 37 38 ATTEST: 39 ___________________________ 40 William Roberts, Mayor ______________________________ 41 Nova M. Javier, MMC, Borough Clerk 42 43 VOTES: 44 Ayes: 45 Noes: 46 AGENDA ITEM #14.B.3. Resolution No. FY2023-07 Designating Precincts, Where the Voter Turnout ...Page 95 of 112 HISTORICAL TURNOUT IN CHINIAK AND THE VILLAGES 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 # of Registered Voters By-mail # of VC # of VC # of VC # of VC # of VC # of VC # of VC # of VC # of VC # of VC Chiniak 144 29 36 35 27 28 29 33 36 18 40 Larsen Bay (Incl. Akhiok and Karluk) 157 17 23 24 22 33 34 32 37 35 36 Old Harbor 140 42 11 44 47 41 36 40 30 37 38 Ouzinkie 140 37 80 59 38 37 58 50 45 55 57 Port Lions 181 24 23 37 26 32 40 22 34 50 58 OTHER CHALLENGES IN HOLDING IN-PERSON VOTING IN THESE LOCATIONS • Availability of workers – difficulty forming election boards with the limited number of people who are available or willing to work • Election workers running for office/familial relationships – workers running for office and are serving in locations where voting is held. At times, election workers are related to those who are running for office. • Weather challenges - flying in and out for training. At times, costly accommodations for long periods while workers are stranded in Kodiak. Inability to get election materials and certificates/results in time due to bad weather. • Emergencies - Instances where precinct chair or workers flew into Kodiak and could not get back to the village in time for election. Encountered last minute emergencies where we ended up with inexperienced election workers in one of the precincts and sudden relocations of trained workers. Having inexperienced and untrained workers is a huge concern for the Clerk’s office. • Voting locations – the Borough and cities have had a long history of sharing election workers. The past few years, we have had instances of separating election boards because of the Borough workers or their family members running for office. At times, it is too late to find out that there are familial relationships happening due to the different nominating periods in place. This has become a burden for the Borough and the Cities. To be precise, it is extremely difficult to find last minute election workers or City clerks needing to be constantly watchful as to avoid violating electioneering rules and risking an election that could end up with an election contest. • Other issues - Unable to provide oversight on Election Day and difficulty providing support. Intermittent telecommunication issues on day of Election. AGENDA ITEM #14.B.3.Resolution No. FY2023-07 Designating Precincts, Where the Voter Turnout ...Page 96 of 112 KODIAK ISLAND BOROUGH STAFF REPORT JULY 7, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Approval of a Transportation Agreement to Reimburse Relocation Expenses of the Newly Hired Community Development Director. ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support RECOMMENDATION: Move to approve the Transportation Agreement for reimbursing relocation expenses of the newly hired Community Development Director. DISCUSSION: The Kodiak Island Borough Rules and Regulations, section 1105 Moving Expenses For New Employees provides for the reimbursement of moving expenses when an applicant from outside of Kodiak is hired (see attached). The recruitment for the Community Development Director resulted in an offer of employment to Mr. Scarcelli. Mr. Scarcelli has accepted the position and requested assistance with relocation to Kodiak. He has agreed to the requirements of the Transportation Agreement and signed the form. The request is now before the Assembly for approval as required. ALTERNATIVES: Take no action. FISCAL IMPACT: Not to exceed $8,406 OTHER INFORMATION: AGENDA ITEM #14.D.1. Approval of a Transportation Agreement to Reimburse Relocation Expenses ...Page 97 of 112 1105 MOVING EXPENSES FOR NEW EMPLOYEES The Borough Manager may specify positions in high demand and short supply requiring moving expenses for the purpose of accepting employment with the Borough, upon approval of the Borough Assembly. Such positions may be reimbursed for actual and necessary expenses under the following conditions: a. The employee must be appointed to a position for which the Borough Manager certifies that such expenditure is necessary to recruit qualified employees. b. The maximum reimbursable for an employee shall be determined at the time of employment in accordance with current costs not to exceed the equivalent of one month's salary. c. New employees who are assisted with their moving expenses shall be required to sign a Transportation Agreement prior to employment (see sample Transportation Agreement in Appendix B - Forms Section). The Transportation Agreement shall stipulate that the employee will reimburse the Borough for all or part of such expenditures in the event he or she voluntarily leaves Borough service, or is discharged for cause, within a period of two (2) years according to the following schedule: 100% -Less than twelve (12) months 75% -Twelve (12) but less than eighteen months 50% -Eighteen (18) but less than twenty-four (24) months d. New employees may not be given an advance against moving expenses without prior written approval of the Borough Manager. e. It is the responsibility of the appointing authority to see to it that prospective new employees are aware of pertinent limitations of these regulations before a move is made. f. New employees shall be advised by the appointing authority of dollar limitations, the need for itemized receipts or invoices, the meaning of the Transportation Agreement, and other pertinent matters prior to their move. AGENDA ITEM #14.D.1. Approval of a Transportation Agreement to Reimburse Relocation Expenses ...Page 98 of 112 Transportation Agreement – EE NAME TRANSPORTATION AGREEMENT The Kodiak Island Borough and EMPLOYEE hereby enter into this agreement concerning transportation costs. The Kodiak Island Borough agrees to provide an amount not to exceed $___________ (a maximum of one month’s salary for above noted employee) to partially defray the transportation costs of a move from CITY, STATE OF RESIDENCE. Actual receipts will be provided to substantiate the above amount of funds. In return, _EMPLOYEE _ agrees to remain in the employment of the Kodiak Island Borough for a period of two years. The above named employee will reimburse the Borough for all or part of such expenditures in the event he or she voluntarily leaves Borough service, or is discharged for cause, within a period of two (2) years according to the following schedule: 100% - Less than twelve (12) months 75% - Twelve (12) but less than eighteen (18) months 50% - Eighteen (18) but less than twenty-four (24) months At least two years of employment with the Kodiak Island Borough results in full forgiveness of any obligation to repay the Kodiak Island Borough. This agreement is effective on this _____ day of ______2022. ______________________________ __________________________________ Manager Employee NOTE: In addition to 7.65% tax, social security and Medicare, payment is considered Supplemental Wages by the IRS, and has a mandatory Federal income tax rate of 22%, per IRS Publication 15 Employer’s Tax Guide (Circular E), Supplemental Wages, available at: www.irs.gov/pub/irs-pdf/p15.pdf AGENDA ITEM #14.D.1. Approval of a Transportation Agreement to Reimburse Relocation Expenses ...Page 99 of 112 KODIAK ISLAND BOROUGH STAFF REPORT JULY 7, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Authorization Of Assembly Member Arndt's Attendance To The 2022 Summer Legislative Conference ORIGINATOR: Kristle Blanco, Assistant Clerk RECOMMENDATION: Move to authorize the travel of Assembly member Arndt to the 2022 Summer Legislative Conference. Secondary motion: Move to amend the authorization to include (state deviation). DISCUSSION: The Alaska Municipal League (AML) Summer Legislative Conference will be held in Sitka beginning August 10 at 8 a.m. and it ends on August 12 at noon. Provided is the travel authorization packet with a cost estimate of $2,134.71. This is a round trip tra vel to Sitka and attendance to AML Summer Conference only. The cost does not take into consideration any travel deviation. ALTERNATIVES: FISCAL IMPACT: Account 100-100- 450.300 Conference Attendee Cost Estimate Fund Balance $21,000 AML Summer Conference Sitka, Alaska Scott Arndt $2,134.71 $18,865.29 OTHER INFORMATION: Please see travel code attached. AGENDA ITEM #14.D.2. Authorization Of Assembly Member Arndt's Attendance To The 2022 Summer L...Page 100 of 112 2.30.100 Miscellaneous | Kodiak Island Borough Code Page 1 of 3 The Kodiak Island Borough Code is current through Ordinance FY2022-15, passed March 17, 2022. 2.30.100 Miscellaneous. A. Suspension of Rules. The standing rules or the order of business established by the assembly may be suspended by a two-thirds vote to which the assembly is entitled. B. Assembly Chambers. The assembly chambers shall be under the supervision and control of the clerk when the assembly is not in session. It shall be used solely for the transaction of public business of the borough or, as authorized, within the intent of assembly policy on the use of the assembly chambers. C. Recess. The chair may call a recess not to exceed 20 minutes at any time during a meeting to determine a rule of order or at the request of a majority of the assembly. The chair may call a recess at any time between items of business. D. Seating Arrangement. Assembly members shall occupy the respective seats in the assembly chambers assigned them by the mayor. E. Compensation and Expenses. 1. Assembly members’ compensation shall be $300.00 per month. 2. Expenses of assembly members, other than transportation and per diem for approved travel, incurred because of borough activities, may be reimbursed by the borough only after approval by the assembly. F. Travel. 1. Assembly members while traveling overnight on official business will be advanced or reimbursed per diem at the rate and under such conditions as are prescribed for other appointed officers and employees of the borough. 2. Travel shall be at the most economical fare possible. 3. Travel requests to the clerk shall be submitted timely to avoid unnecessary staff overtime. 4. Once travel arrangements are accepted and confirmed by the assembly member, and tickets are purchased, any changes and additional fees shall be the assembly member’s responsibility except: AGENDA ITEM #14.D.2. Authorization Of Assembly Member Arndt's Attendance To The 2022 Summer L...Page 101 of 112 2.30.100 Miscellaneous | Kodiak Island Borough Code Page 2 of 3 The Kodiak Island Borough Code is current through Ordinance FY2022-15, passed March 17, 2022. a. When travel arrangements are changed for borough business; or b. When travel arrangements are changed for a family-related emergency. i. Interim financial assistance may be provided by the borough; however, reimbursement of the assistance shall be subject to assembly approval. c. If travel arrangements are changed for personal reasons, other than a family-related emergency, additional fees shall not be reimbursed. 5. An assembly member traveling on borough business who is stranded from Kodiak due to inclement weather or other adverse conditions will be reimbursed the appropriate per diem and any reasonable necessary expenses incurred. a. If an assembly member shortens or extends their originally scheduled travel time in any way for borough business and becomes stranded, reimbursement of the appropriate per diem and any reasonable necessary expenses incurred shall be subject to assembly approval. b. If an assembly member shortens or extends their originally scheduled travel time in any way for personal reasons and becomes stranded, expenses will not be reimbursed. 6. For travel other than annual routinely scheduled conferences or meetings, assembly members shall bring any travel requests, prior to travel, to a regular assembly meeting or work session for concurrence of the assembly, stating the date, place, length of travel, projected cost, and purpose of the trip. If there is no regular assembly meeting or work session before the planned trip, the assembly member shall request the clerk to poll the entire assembly for approval by a majority of the assembly. a. Following completion of travel, the assembly member shall give an oral report, stating accomplishments and knowledge gained from the trip as well as the actual expenses of the trip. [Ord. FY2018-18 §3, 2018; Ord. FY2008-04 §2, 2007; Ord. 2007-09 §4; Ord. 03-05 §3, 2003; Ord. 98-02 §4, 1998; Ord. 88-14-O §2, 1988; Ord. 86-13-O(A) §3, 1986; Ord. 79-11-O, 1979. Formerly §2.17.100]. AGENDA ITEM #14.D.2. Authorization Of Assembly Member Arndt's Attendance To The 2022 Summer L...Page 102 of 112 2.30.100 Miscellaneous | Kodiak Island Borough Code Page 3 of 3 The Kodiak Island Borough Code is current through Ordinance FY2022-15, passed March 17, 2022. The Kodiak Island Borough Code is current through Ordinance FY2022-15, passed March 17, 2022. Disclaimer: The borough clerk’s office has the official version of the Kodiak Island Borough Code. Users should contact the borough clerk’s office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. Borough Website: www.kodiakak.us Borough Telephone: (907) 486-9300 Code Publishing Company AGENDA ITEM #14.D.2. Authorization Of Assembly Member Arndt's Attendance To The 2022 Summer L...Page 103 of 112 08/10 /22 08/12/22$200.00 Alaska Airlines ‘ Aspen Suites @5139 - E ! ! ! Effective November 3,2005 (Ordinance #FY2006-OS)and December 1 , 2 0 0 5 ( Contra ct #1995-47E),perdiemreatesarebasedon the Federal (GSA)rate for per diem (go to http://www.gsa.gov to vie w r a t e s basedontraveldestination).Attachcopyofapplicable per diem rates to Travel Authorization Form.U se th e follow ing linktocalculateperdiem.www.gsa.gov 8|’ Per Diem It of days @ 75%of daily rate 2 it of days @ daily rate of TotalPerDiem(75%ofdailyrate)$174.00 W 08/10/22 08/12/22TotalPerDiem(DailyRate)$348.00 TOTALEXPENSES$2,134.71 08/09/22 CHOOSE ACCOUNT NUMBER FRO M D R O P DOWNLIST BUDGETACCOUNTNUMBER:100-100-450-300 Legislative -Trave|/Pe r ttttinltildlttttilttiiliitiii?i?t?tt?i?itIt?tilltilltiltllllltllllIAuth°rizationi#####ii#ti! iliiiiiiitilkti?itt?iiiittlttliiltitttllnll K ODIAK IS’ LAl \T.D BOR O UGH TRAVEL AUT HORI ZATI ON NO. Complete this form with estimated expenses for offisland trainingandtravelexpenses.Submitcompleted formto the Finance Department for approval with a copy t h e meeti ng announcement,registrationform,oragenda. if total estimated TRAININGexpenses are 52000or greater,acompletedSpecialTrainingAgreementtothisform. No check request or purchase order for travel willbe appro ved wit hou t atravelauthorization. Employee NameofMeeting/Training&InclusiveTimes Scott Arndt 2022AlaskaMunicipalLeagueSummerLegislativeConference Travel Destination DatesofTravel Sitka 08/09/22thru08/13/22 Expected Bene?ts ofM in Tramingi networking;informational M an ag er (over$1,000.00)Date E m pl oy ee Su pe rvi so r eet'gl Trav el A ul h o ri z at onForm Last 02/01/ 2009 Fi n a n ce Depart ment D at AGENDA ITEM #14.D.2.Authorization Of Assembly Member Arndt's Attendance To The 2022 Summer L...Page 104 of 112 2022 Summer Legislative Conference August 10-12 Sitka,Harrigan Centennial Hall Draft Agenda AMMA and ACoM Meetings Alaska Municipal Management Association Meeting (Breakfast &Lunch Included) Alaska Conference of Mayors Meeting (Lunch Included) Welcome Goal-Setting Business Meeting Sitka Reception AML Legislative Conference Breakfast -Included Welcome and Introductions Director's Update Legislative Session Review Break Legislative Issues Discussion Bills Impacting Gover nment s Lunch -Included Thursday,August 11 8:00 a.m. 8:30 a.m.—8:45 a.m. 8:45 a.m.—9:00 a.m. 10:00 a.m.-10:15a.m.10:15 a.m.—11:55 a.m.12:00 p.m.-1:00 p.m. ALAS KACONF EREN CE F M A Y RS °.._ A L A S A Wednes day, Augu st 10 8:00 a. m. —5: 00 p.m. 12 : 00 p.m . -5:00p.m.6: 0 0 p. m.AGENDA ITEM #14.D.2.Authorization Of Assembly Member Arndt's Attendance To The 2022 Summer L...Page 105 of 112 ......o=um_m_zoos. wco>3 yo ucw 3:3.w>=m_m_mm.__m._muo”_new33m weco_mm:um_n_>._m:oE .wxmwnm ._mo..m uu:.:..u.m.c:_ .F_.Q oo&I .E...8; ;u::4 cooz I .E.m 82 .E.m oouoaI .E.w omm .E.m omnmI.E.m omm .E.m oouw 2 ....:u:<.>~_2: «.535.?oauwzo noEmom .__>_< co_m.u.mmm:_mo_u >>m_>mmmco_§_om$.._ xmmzmEaom;1.8.0.omnm .5...ooum .E.Q 8% .2...mwm .E.Q oonm .2...commI.E..__m3 w>:m_m_mm._ ..mmt_mm._m wucmhwwcouw>_«m_m_uw._.=>_< m:_:cm_n_8:mmt._EEouAGENDA ITEM #14.D.2.Authorization Of Assembly Member Arndt's Attendance To The 2022 Summer L...Page 106 of 112 Alaska Airlines 73 SIT Sat,Aug 13 6:00 am 662 mi I3h 12m Alaska Airlines 575 ANC Sat,Aug 13 12:45 pm 252 mi IOh 58m Price for1 passenger $606.71 Taxes,fees and charges Price guarantee Shop again using a discount or companion fare code. Travel in unrivaled comfort First seated.First served.First Class. Roomy seats with spacious Main(S) ANC Sat,Aug13 9:12am Details Main(5) ADQ Sat,Aug13 1:43pm Details roun d- trip perpassenger $548. 00https://www.a|askaair.com/Shopping/Carl/AddFlight?fareMatrixSe|ection=1%7C6%3A1%2C 1%7C6% 3A1&pnceMatrixSe|ection 1302% 7C6-712% 3A. ..12 Alaska Airlines 169 ADQ Tue,Aug 9 5:50 pm 252 mi IOh 55m Alaska Airlines 70 7:47 pm662miI3h 6m Main (8) ANC Tue,Aug 9 Main (S)SITTue,Aug 910:53 pmDetails 74 /AIRLI NES Fl ig ht sum mar y ChanggIRemove + $ 5 4 8 uso Ca rt: Iti ner ary andpricesummary-AlaskaAirlines 7 / 5 / 2 2 3:29PM AGENDA ITEM #14.D.2.Authorization Of Assembly Member Arndt's Attendance To The 2022 Summer L...Page 107 of 112 820«...:_u_3 oUm._mo5 axomcmvcm m_moE>.3coE__aEoo $90-9; ammo .C3:wE__nEooo>a.:_xooso @3538.__a.6:.F_OO._mw_ ww:__.._<9_ma_<-bmEE:mmo5>._m..w:=_ .cmm.._o..:a*0 950:«N :_.=_>>:o_ua__oo:ou o2". .|wu.m>coo >|ocw._.:0u an anm?tmum._o om:So:out _So._. 50>.mom 38:.M:.mw__Eomm..w>o 35:co m__wt_ooo camoc_>>coonwwt >o.Em.o:a_nwunew Ewenon«P59:mcoEa .c_na0 :_m_>_9:9.vo.maEooEoo.mo_+0 mo_._o:_9.9.:¢36 ...<§.~E-mo§~8- _.n:o_.8_mmx_..m_28_aa v<.¥..oo§;03.2m..\.mo§ _."=88.wmx_..m_>_eaE._m__H.€<Emo5=.._%._m\eoo...mS_8_m.;;;E9... >o__oaommmmm m>o__oQco_..m__wocmobaa wmcmzo $3..Emu. muz_._~__< .um>.wmw._wEm_.___<.2:.moc__.__<s_$_<NNON© $20 E:_Ew.n_+mmm_OF_3_E0._n_Qo?? _>_n_NNBRAGENDA ITEM #14.D.2.Authorization Of Assembly Member Arndt's Attendance To The 2022 Summer L...Page 108 of 112 We are delighted to confirm your rese rvat ion atAspenSuitesHotelinSitka.Wearelooking forward to your upcoming stay.Here thedetailsofyourreservation: Confirmation Number:36767 Arrival Date:August 9,2022 |Departu re Dat e: August13,2022 Rate:189.00 +tax Room Type:Q R o o m Cou nt: 1EstimatedTotalStay:$756.00 If you have any rate changes or additi onal fees,theywillbelistedbelow: es:0.00 ES: Check In:arriv al, allguestsmusthaveavalidcreditcardanddriverlicenseto check into hot el. Pleasenotethatcheck-intimeisbetween3:00pmand11:00pm as our frontisnotopen24hoursperday.Pleasecallthehoteldirectlyifyouare arriving lat er th a n 11: 00pm formoreinformationonourlatecheck-inprocedure. Housekeepi ng: Whi le wewelcomeshorttermguests,weareanextendedstayhotel, therefore serviceisonaweeklybasis.Ifyourstayislessthanoneweek there will behouse keepin g serviceunlessarrangementsaremadewithourfront desk.Char ges wil l apply. Check Che ck outisat11am.Latecheckoutsaresubjecttoavailabiltyand fees.P le a s e inqur e withthefrontdeskassociateuponarrival,orbeforeyour departu re da te. Aspen Suit es H ot el Sitka<sit. reservation@ aspenhote| sak.com> Friday,Jul y 20 22 12:27PM Clerks Confirmati on: 36 76 7 (Arndt) ASPEN SUITESHOTE L 210 LAKESTR EET SITKA,AK 9983 5 (907)747-3477 Kristle Blanco From: Sent: To: Subject: Additio nal Fe RATE C H A rSco tt,AGENDA ITEM #14.D.2.Authorization Of Assembly Member Arndt's Attendance To The 2022 Summer L...Page 109 of 112 .xS wE09. “.59:93umm._m;umain.u_o>m9_m>_tm__:o>B._o_5 2:9.cu 3 33:3 30>w.5m 9_mE_m>.:m._:o>._o:o_um>._mmu._._=o>_8:3 3 :o>E98.m3_:m cwam<Sam 2:.>_m.wu:.AGENDA ITEM #14.D.2.Authorization Of Assembly Member Arndt's Attendance To The 2022 Summer L...Page 110 of 112 DEAMUM TNA 3. *All rates are in US Dollars --E CHE 9 °IK E 01/01- 12/31 01/01- 12/31 06/01- 08/31 09/01- 05/31 01/01- 12/31 01/01- 12/31 01/01- 171 ANCHORAGE 229 BARROW 326 BARROW 252 BARTER ISLAND LRRS 171 BETHEL 219 81 4 BE1'I'LES 12/31 171 10/01/2021 CAPE ussunms 01/01'171 10/01/202112/31LRRS CAPE NEWENHAM LRRS 01/01- 12/31 10/01/2021 CAPE ROMANZOF LRRS 01/01- 2 2 2 2 12/31 2 3 3 3 3 10/01/2021 — 53CLEARAB01/01-90 23 28410/01/2021 hltps://www.defensetraveI.dod.mil/pdcgi/pd—rates/opdrates5.cgi 16 COU NTR Y/ STAT E: ALASKA PUBLICATIO N (MMDDW):070122 NO TES 1.Use the OTHER rate if neither the CITY,PLA CE, IS L A N D, norMILITARYINSTALLATIONislisted. 2.For other allowances that are based on per die m r a t e s (e.g.,TLE,TLA,TQSE,TQSA),seetheappropriaterules for those allowances regarding what per diem r a t e touse. 3.The standard OCON US wide. 4.When Government meals are directed,the ap pr op ri at e Governm ent mealrate,asprescribedinisapplicable. 5.Per Diem Rate =Max Lodging +Meals (Local ,or)+IncidentalRate(Localor0nBase) Seasons (3e9' End) Ma xim um LocalProportionalLocalFootnoteFootnoteMaximumEffective Lod ging MealsMealsIncidentalRatePerDiemDate M XI PE RRAESDETHE CO T N E N T A L U ITED STTS O N B A S E INCIDE NTAL RATEis$3.50 O C O N U S andOVERSEASPerDiemRates:QueryResults m p or ti o n al Government A r2 p. e_ r? 7/ 5/ 2 2, 3.20PM L o ca AGENDA ITEM #14.D.2.Authorization Of Assembly Member Arndt's Attendance To The 2022 Summer L...Page 111 of 112 7/5/22,3 21 PM OCONUS and OVERSEAS Per Diem Rates:Query Results SITKA-MT. EDGECUMBE 04/01 09/30 10/01- 03/31 £0Ladl\’U) SITKA-MT. EDGECUMBE KOU.)U1U1NJU0 05/01-SKAGWAY 10/31 I\)00 11/01- 04/30 01/01- 12/31 01/01- 12/31 05/01- 09/30 10/01- 04/30 SKAGWAY 56 I00) 53 K)00 SPARREVOHN LRRS 53 N)L/J®\I 2SPRUCECAPE5 N|\l SPRUCE CAPE G)VU'lIN)N[U 01/01- 12/31 01/01- 12/31 ST.GEORGE U1NU) TALKEETNA N-5 01/01- 12/31 01/01- 12/31 01/01- 12/31 01/01- 12/31 05/01- 09/15 09/16- 04/30 01/01- 12/31 06/01- 10/31 05/01-10/3111/01-04/3006/01-10/1510/16-05/31 TANANA U10‘NU) TATALINA LRRS TIN CITY LRRS U1[UU) TOK U1IV00comU1NIUNco(3U1NIN)N WAINWRIGHT N)0)L0I-‘U'l WASI LLA 17 1 \l(.11-I501LD\IU1O‘0)La)L10 U)I-5KO250N1.0U3U1Iv r-*I\)LA)U)YAKUTAT U1U0IN!NYAKUTATU1U0IV|\l 01/01-12/31*Use the OTHER rate if neither the CITY,PLACE,ISLAND,nor MILITARY INSTALLATION is listed.U1U)N!U)[OTHER]https://www.defensetrave|.dod.mi|/pdcgi/pd-rates/opd rates5.cgi 10/01/2021 10/01/2021 10/01/2021 10/01/2021 10/01/2021 10/01/2021 10/01/2021 10/01/2021 10/01/2021 10/01/2021 10/01/2021 10/01/2021 10/01/2021 10/01/2021 10/01/2021 10/01/2021 10/01/2021 10/01/2021 10/01/202110/01/202110/01/202110/01/202110/01/202156 AGENDA ITEM #14.D.2.Authorization Of Assembly Member Arndt's Attendance To The 2022 Summer L...Page 112 of 112 Kodiak Island Borough Assembly Regular Meeting Guidelines Thursday, July 7, 2022, 6:30 p.m., Assembly Chambers INVOCATION MAJOR DAVE DAVIS OF THE SALVATION ARMY. 2. PLEDGE OF ALLEGIANCE DEPUTY PRESIDING OFFICER WILLIAMS. 3. STATEMENT OF LAND ACKNOWLEDGEMENT DEPUTY PRESIDING OFFICER WILLIAMS. We are gathered on the traditional homeland of the Sugpiaq, Alutiiq people and acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL KIBC 2.25.070... the chair shall cause the record to reflect the absence of the member, the reason for the absence, and whether the absence is excused by the assembly. Recommended motion: Move to excuse the following for the following reasons: • Mayor Roberts who is absent due to medical reasons. • Assembly Member Griffin who is absent due to personal leave. • Assembly Member Delgado who is absent due to medical reasons. • Assembly Member Smith who is absent due to work matters. ROLL CALL VOTE ON MOTION. 5. 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. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. Page 1 of 8 6. *APPROVAL OF MINUTES (Approved under consent agenda.) A. Regular Meeting Minutes of June 16, 2022; Special Meeting Minutes of June 21, 2022; and Special Meeting Minutes of June 23, 2022. 7. CITIZENS' COMMENTS Agenda items not scheduled for public hearing and general comments. Read the phone numbers: Local is 907-486-3231; Toll Free is 1-855-492- 9202. Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in — turn off any listening devices to prevent feedback 8. AWARDS AND PRESENTATIONS — None. 9. COMMITTEE REPORTS 10. PUBLIC HEARING 1. Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2022-02, Fiscal Year 2022 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects Recommended motion: Move to adopt Ordinance No. FY2022-02B. Staff report — Dora Cross, Finance Director. Recommended motion: Move to amend Ordinance No. FY2022-02 B by substitution with Version 2. Assembly Discussion on the substitution. ROLL CALL VOTE ON MOTION TO AMEND. Page 2 of 8 Open public hearing. Read phone numbers: 907-486-3231, Toll Free 1-855-492- 9202. Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in — turn off any listening devices to prevent feedback Close the public hearing. Assembly discussion. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED. 2. Ordinance No. FY2023-03 Amending Pertinent Sections in Kodiak Island Borough Code Chapter 2 Administration and Personnel to Amend the Mayor and Assembly Compensation Recommended motion: Move to adopt Ordinance No. FY2023-03. Staff report — Nova M. Javier, Borough Clerk. Open public hearing. Read phone numbers: 907-486-3231, Toll Free 1-855-492- 9202 Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in — turn off any listening devices to prevent feedback Close the public hearing. Page 3 of 8 Assembly discussion. ROLL CALL VOTE ON THE MOTION. 3. Ordinance No. FY2023-04 Amending Various Sections Of Title 2 Administration And Personnel, Chapter 2.100 Boards, Committees Relevant To Appointments Of Borough Employees To Different Boards, Committees, And Commissions Recommended motion: Move to adopt Ordinance No. FY2023-04. Staff report — Nova M. Javier, Borough Clerk. Open public hearing. Read phone numbers: 907-486-3231, Toll Free 1-855-492- 9202 Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in — turn off any listening devices to prevent feedback Close the public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 4. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordinances Title 7 Elections Recommended motion: Move to adopt Ordinance No. FY2023-05. Staff report — Nova M. Javier, Borough Clerk. Open public hearing. Page 4 of 8 Read phone numbers: 907-486-3231, Toll Free 1-855-492 9202 Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in — turn off any listening devices to prevent feedback Close the public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 11. BOROUGH MANAGER'S REPORT 12. MESSAGES FROM THE DEPUTY PRESIDING OFFICER WILLIAMS 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2023-01 Approving The Animal Control Contract For FY2022 & FY2023 With The City Of Kodiak Recommended motion: Move to approve Contract No. FY2023-01, a two-year contract with the City of Kodiak in the sum of $150,430 for year one and $152,310 for year two for animal control services. Staff report — Seema Garoutte, Interim Community Development Director Assembly discussion. ROLL CALL VOTE ON THE MOTION Page 5 of 8 2. Contract No. FY2023-02 with Discover Kodiak to Provide Tourism and Marketing Development Services in Fiscal Year 2023 Recommended motion: Move to Approve Contract No. FY2023-02 with Discover Kodiak to Provide Tourism and Marketing Development Services in Fiscal Year 2023. Staff report — Meagan Christiansen, Grant Writer/Special Projects Support. Assembly discussion. ROLL CALL VOTE ON THE MOTION 14.B. RESOLUTIONS 1 Resolution No. FY2023-05 A Resolution Of The Kodiak Island Borough Assembly Appointing A Member To The Joint Seat On The Kodiak Fisheries Development Association's Board Of Directors Recommended motion: Move to adopt Resolution No. FY2023-05. Staff report — Nova M. Javier, Borough Clerk. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 2. Resolution No. FY2023-06 Allocating Fiscal Year 2023 Kodiak Island Borough Nonprofit Funding Recommended motion: Move to approve Resolution No. FY2023-06. Staff report — Meagan Christiansen, Grant Writer/Special Projects Support. Assembly discussion. ROLL CALL VOTE ON THE MOTION. Page 6 of 8 3. Resolution No. FY2023-07 Designating Precincts, Where the Voter Turnout Was Less Than 75 Voters At The Last Regular Elections, As Ballot By Mail Precincts (Subject To Adoption Of Ordinance No. FY2023-05 Recommended motion: Move to adopt Resolution No. FY2023-07. Staff report — Nova M. Javier, Borough Clerk. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 14.C. ORDINANCES FOR INTRODUCTION — None. 14.D. OTHER ITEMS 1. Approval of a Transportation Agreement to Reimburse Relocation Expenses of the Newly Hired Community Development Director Recommended motion: Move to approve the Transportation Agreement for reimbursing relocation expenses of the newly hired Community Development Director. Staff report — Meagan Christiansen, Grant Writer/Special Projects Support Assembly discussion. ROLL CALL VOTE ON THE MOTION. 2. Authorization Of Assembly Member Arndt Attendance To The 2022 Summer Legislative Conference Recommended motion: Move to authorize the travel of Assembly member Arndt to the 2022 Summer Legislative Conference. Staff report — Nova M Javier, Borough Clerk. Assembly discussion. ROLL CALL VOTE ON THE MOTION. Page 7 of 8 15. CITIZENS' COMMENTS. Read the phone numbers: Local is 907-486-3231; Toll Free is 1-855-492- 9202 Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in — turn off any listening devices to prevent feedback 16. ASSEMBLY MEMBERS' COMMENTS Deputy Presiding Officer Williams: The next Assembly work session is scheduled for Thursday, July 14, 2022, at 6:30 p.m. in Borough Assembly Chambers. The next regular meeting is scheduled for Thursday, July 21, 2022, at 6:30 p.m. in the Borough Assembly Chambers. 18. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION. KIBC 2.30.030 A.... Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two- thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. Page 8 of 8 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, Administrative Official RE: Managers Report, July 7, 2022 The KFRC Public space containing the Aquarium and Touch Tank are now opened Thursday's and Friday's from 11:00am to 4:30pm. As our tenants in the facility include Federal agencies and they are required to wear masks within structures, the Borough is now requiring masks be worn in the public spaces for the immediate future. These requirements will be in place until the community numbers fall and Kodiak is no longer in the "High" category. Manager Search — Four applicants have submitted the required paperwork for consideration. Two are repeat applicants. The advertisements continue to be on the KIB website and with ICMA and AML. There are several more anticipated. Staff is waiting for information to present to the assembly regarding the executive recruitment firms that have been contacted. Employee Compensation Study --- Proposals have been received. Staff has reviewed and is currently contacting past customers regarding satisfaction and overall performance. After the information is received the committee will meet and make a recommendation to the assembly for consideration. Active Shooter Class Staff will be offered the ability to participate in a Webinar Active Shooter training on July 13'h and a second session in August. This training is not mandatory however all staff will e encouraged to attend. Assessing - First phase oral arguments associated with the KANA case have been conducted. Staff is working with the State Assessor regarding the annual required assessment reporting. Assessing staff continues performing the required field work for the reassessment of properties within the City of Kodiak boundaries. Community Development - The new director is on board and is getting acquainted with the staff. He has been asked to discuss with department staff and other departments the need to look at code for possible revisions. A request has been made to identify departmental issues associated with workflow and staffing. Finance FY2023 Community Assistance Program funding for the Kodiak Island Borough (estimated) is $459,806.25 and for Karluk is $15,789.00. Staff is inquiring if this is the final number or if there are additional finds possible after the governor has signed the budget. Remote audit follow ups are continuing. On site audit will be in September. Staff continues to work on the end of year close out and the new year start. Staff is currently preparing the FY 2023 Budget Book for the Government Finance Officers Association (GFOA) If there are questions regarding tax bills, please contact the Assessing or Finance Department early so that questions can be answered early. Engineering and Facilities - Tsunami Siren Maintenance - Contractor completed site visits 6/17 and 18. Five amplifiers were found non-functional at three locations. Vendor is performing a verification check regarding warranty coverage. Amplifiers will require replacement. KFRC Spill -- Staff has been requested to provide additional information to the third -party insurer for documentation of future insurance claims. Responsible party has completed the excavation and has received permissions to transport the excavated soils. Some contaminated materials will remain due to the proximity to the foundation walls and electrical conductors and transformers. The Main Elementary roof is continuing. Work is weather contingent. The anticipated start date is prior to the scheduled start of school. Microwave equipment installation on the roof of the Kodiak High School and Chiniak School have been completed. USDA has been notified of the loan request withdrawal. Staff continues to work with the ADEC State Revolving Loan Personnel for long term low interest loan. List of Pending Items for Discussion Disposition of Closed School Facilities Allowable Scope for Current Staff OSHA Voluntary Compliance Visit Continued update of the Personnel Manual ARPA Funding Assignment Discussion Related to State Budget Completion Grant Application and Local Match Funding Leases - Teen Court, Red Cross, Fairgrounds, KISA, Chiniak Library, Long Term Care Major Maintenance Funding for Facilities Disposition of Mental Health Buildings Solid Waste Collection Contract Modifications Service Area Contracts Annual Contracts KFRC Staffing and Funding Additional Methods to Reward Employees in Personnel Manual Vehicle Replacement ARPA Funding - - Staff has met and will be presenting the resolutions and list of approved projects to the assembly next week. All projects originally identified have had confirmation that they qualify for the ARPA fund expenditures. sheet.0 Page 1 Original Proposed Organization Request on June 30 Version 2 Brother Francis 25,000.00 15,000.00 10,000.00 WIC 25,000.00 4,000.00 15,000.00 Kodiak Lion's Club 25,000.00 15,000.00 - KWRCC 25,000.00 20,000.00 25,000.00 Senior Citizens of Kodiak 25,000.00 20,000.00 25,000.00 KEDC 24,000.00 15,000.00 12,000.00 KMXT 20,000.00 10,000.00 10,000.00 Old Harbor Alliance 15,000.00 10,000.00 5,000.00 Aluiiq Heritage Foundation 5,000.00 4,000.00 5,000.00 American Red Cross 5,000.00 4,000.00 5,000.00 HOPE Community Resources 5,000.00 4,000.00 5,000.00 Hospice 5,000.00 4,000.00 5,000.00 Humane Society 5,000.00 4,000.00 5,000.00 KAMP 5,000.00 4,000.00 2,051.36 KATS 5,000.00 4,000.00 5,000.00 Kodiak Arts Council 5,000.00 4,000.00 5,000.00 Kodiak History Museum 5,000.00 4,000.00 5,000.00 Kodiak Kindness 5,000.00 4,000.00 5,000.00 Kodiak Maritime Museum 5,000.00 4,000.00 5,000.00 Kodiak Rodeo and State Fair 5,000.00 4,000.00 - Kodiak Soil and Water Conservation 4,988.00 4,000.00 4,988.00 Kodiak Teen Court 5,000.00 4,000.00 5,000.00 Rural CAP 4,308.00 4,000.00 3,909.28 St Paul Preschool 4,892.00 1,200.00 2,051.36 263,188.00 170,200.00 170,000.00 Page 1 Organization Original Request Proposed on June 30 Version 2 Brother Francis $ 25,000.00 $ 15,000.00 $ 10,000.00 WIC $ 25,000.00 $ 4,000.00 $ 15,000.00 Kodiak Lion's Club $ 25,000.00 $ 15,000.00 $ - KWRCC $ 25,000.00 $ 20,000.00 $ 25,000.00 Senior Citizens of Kodiak $ 25,000.00 $ 20,000.00 $ 25,000.00 KEDC $ 24,000.00 $ 15,000.00 $ 12,000.00 KMXT $ 20,000.00 $ 10,000.00 $ 10,000.00 Old Harbor Alliance $ 15,000.00 $ 10,000.00 $ 5,000.00 Aluiiq Heritage Foundation $ 5,000.00 $ 4,000.00 $ 5,000.00 American Red Cross $ 5,000.00 $ 4,000.00 $ 5,000.00 HOPE Community Resources $ 5,000.00 $ 4,000.00 $ 5,000.00 Hospice $ 5,000.00 $ 4,000.00 $ 5,000.00 Humane Society $ 5,000.00 $ 4,000.00 $ 5,000.00 KAMP $ 5,000.00 $ 4,000.00 $ 2,051.36 KATS $ 5,000.00 $ 4,000.00 $ 5,000.00 Kodiak Arts Council $ 5,000.00 $ 4,000.00 $ 5,000.00 Kodiak History Museum $ 5,000.00 $ 4,000.00 $ 5,000.00 Kodiak Kindness $ 5,000.00 $ 4,000.00 $ 5,000.00 Kodiak Maritime Museum $ 5,000.00 $ 4,000.00 $ 5,000.00 Kodiak Rodeo and State Fair $ 5,000.00 $ 4,000.00 $ - Kodiak Soil and Water Conservation $ 4,988.00 $ 4,000.00 $ 4,988.00 Kodiak Teen Court $ 5,000.00 $ 4,000.00 $ 5,000.00 Rural CAP $ 4,308.00 $ 4,000.00 $ 3,909.28 Salvation Army St Paul Preschool $ 4,892.00 $ 1,200.0201$ 2,051.36 $ 263,188.00 $ 170,200.00 1 $ 170,000.00 Version 3 10000 15000 25000 25000 20000 5000 5000 5000 5000 2500 5000 2500 5000 5000 5000 5000 5000 20000 170000 10012 KODIAK ISLAND BOROUGH MeetingType:We uI6(y- H�C�r,i�I R/R/Date: d 0,�� Please PRINT your name legibly Please PRINT your name legibly Regular /Special 9 Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: Date Adjourned: BY: SECOND: \ � BY: �r7' t SECOND: BY:BY: 4r7 SECOND: nnII ok V � SECOND:9� 1-D BY: c SECOND: S5 V YES 11 NO YES NO YES. NO YES NO YES NO Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Delgado -V Mr. Griffin Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smith miMi. Smith Mr. Smit Mr. Turner / Mr. Turner Mr. Turner Mr. Turner Mr. Turner Ms. Williams Ms. Williams Ms. Williams Ms. Williams Ms. Williams WOULD ANYONE LIKE TOC ANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE_? TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a th ee/three tie vote of the assemb y. Mayor RobertsMayor I /I Roberts Mayor Roberts Mayor Roberts Mayor Roberts • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET (Regular Special Date: o7/0 Convened: Recessed: Reconvened: Adjourned: Em BY: SECOND: � BY: + SECOND: 51 r� BY: 7 SECOND: o BY: � BY:sf� SECOND:,� SECOND:% �II I YES NO - YES NO YES NO YES NO YES NO Mr. Arndt ✓ Mr. Arndt Mr. Arndt Mr. Arndt; ✓ Mr. Arndt Mr. De r. a ga o do Mr. Gri Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. S ;Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner Ms. Williams Ms. Williams Ms. Williams Ms. Williams Ms. Williams -WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE_ THEIR VOTE? TOTAL: D TOTAL: I I F__ FU TOTAL: I I TOTAL: TOTAL: - I The mayor may n t vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. Regular /Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: Recessed: Reconvened: ' ! `7u Adjourned: W BY: L7V SECOND: ('� Mr. Arndt BY: SECOND: Mr. Arndt BY: 1-7 SECOND: Mr. Arndt BY: Ck SECOND: �� Mr. Arndt BY: SECOND: Mr. Arndt Mr. Smiley V Mr. Smiley V Mr. Smiley V Mr. Smiley hk Mr. Turner V Mr. Turner V Mr. Turner Mr. Turner Mr. Turner Ms. Williams Ms. Williams Ms. Williams Ms. Williams Ms. Williams 0 L ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: I Di TOTAL: TOTAL: 1 TOTAL: The mayor may hot vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. (Regula Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: d Recessed: Reconvened: Adjourned: . 5 BY: SECOND: �r n BY: SECOND: �V BY: YJ SECOND: L/5 V BY: SECOND: BY: SECOND: migm YE 777 Mr. Arndt YES NO YES NO Mr. Arndt Mr. Arndt Mr. Arndt W-ZA[gado Mr. Delgado . Mr. Grill Mr. Griffin Mr. Gri Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley MT. SMIth --Mf. 8 ... ith -MF. 9FRith Mr. Smith 64c Smith Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner Ms. Williams Ms. Williams Ms. Williams Ms. Williams Ms. Williams ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: U TOTAL: TOTAL: T TOTAL: TOTAL: The mayor may not vote except in the case wher on y six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. 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. FY2023, No. 1 July 8, 2022 At Its Regular Meeting Of July 7, 2022, The Kodiak Island Borough Assembly Took The Following Action. The Next Regular Meeting Of The Borough Assembly Is Scheduled On July 21, 2022, At 6:30 P.M. In The Borough Assembly Chambers. AMENDED, ADOPTED Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2022-02, Fiscal Year 2022 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects. ADOPTED Ordinance No. FY2023-03 Amending Pertinent Sections In Kodiak Island Borough Code Chapter 2 Administration And Personnel To Amend The Mayor And Assembly Compensation. ADOPTED Ordinance No. FY2023-04 Amending Various Sections Of Title 2 Administration And Personnel, Chapter 2.100 Boards, Committees Relevant To Appointments Of Borough Employees To Different Boards, Committees, And Commissions. AMENDED, ADOPTED Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordinances Title 7 Elections. APPROVED Contract No. FY2023-01, A Two-Year Contract With The City Of Kodiak In The Sum Of $150,430 For Year One And $152,310 For Year Two For Animal Control Services. APPROVED Contract No. FY2023-02 With Discover Kodiak To Provide Tourism And Marketing Development Services In Fiscal Year 2023. ADOPTED Resolution No. FY2023-05 A Resolution Of The Kodiak Island Borough Assembly Appointing A Member To The Joint Seat On The Kodiak Fisheries Development Association’s Board Of Directors. AMENDED, ADOPTED Resolution No. FY2023-06 Allocating Fiscal Year 2023 Kodiak Island Borough Nonprofit Funding. ADOPTED Resolution No. FY2023-07 Designating Precincts, Where The Voter Turnout Was Less Than 75 Voters At The Last Regular Elections, As Ballot By Mail Precincts (Subject To Adoption Of Ordinance No. FY2023-05. APPROVED Transportation Agreement To Reimburse Relocation Expenses Of The Newly Hired Community Development Director. AUTHORIZED Assembly Member Arndt Attendance To The 2022 Summer Legislative Conference.