2022-10-27 Work Session Kodiak Island Borough Assembly Work Session Assembly Chambers Thursday, October 27, 2022 Immediately Following the Special Meeting _______________________________________________________________________________________ Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff . Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda. Page 1. CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202 (Limited To Three Minutes Per Speaker) 2. AGENDA ITEMS a. Possible MOU For Trails On Woody Island For Tangirnaq Native Village Program With BIA Agenda Item Report - Pdf 3 - 16 b. Appointment Of Assembly Representatives To Boards And Commissions Agenda Item Report - Pdf 17 - 18 c. Upcoming Meetings, Assembly Conferences, Travel, And Leave Dates Agenda Item Report - Pdf 19 - 45 3. CLERK'S COMMENTS 4. MANAGER’S COMMENTS 5. PACKET REVIEW PUBLIC HEARING • Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Interests To Lease The Property At 717 E. Rezanof Drive Pursuant To A Competitive Request For Proposals Process Which Waives Certain Disposal Procedures • Ordinance No. FY2023-02A An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2023- 02, Fiscal Year 2023 Budget, By Amending Budgets To Account Page 1 of 45 For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects NEW BUSINESS • Election Of The 2022-2023 Borough Assembly Deputy Presiding Officer CONTRACTS • Contract No. FY2023-21 Carpet Replacement For the Main Floor NOAA Offices And Common Spaces In The KFRC Facility • Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacement Project With Jensen Yorba Wall • Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Rebel Strike, LLC RESOLUTIONS • Resolution No. FY2022-15A Amending Resolution No. FY2022- 15, A Resolution Of The Assembly Of The Kodiak Island Borough Approving The Annual 2022 Borough Calendar • Resolution No. FY2023-15 Adopting A State Legislative Capital Improvement Projects Priority List For The 2023 Legislative Session. • Resolution No. FY2023-16 Approving The Assembly Meeting Calendar For The Year 2023 ORDINANCES FOR INTRODUCTION • Ordinance No. FY2023-10 Disposal By Transfer Of Larsen Bay Tract A, Block 11, Lot 2 – Larsen Bay School Building To A Non-Profit Entity , Larsen Bay Tribal Council 6. ASSEMBLY MEMBERS’ COMMENTS 7. MAYOR'S COMMENTS ________________________________________________________________________ This meeting is open to the public and will be broadcast on the Borough's YouTube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. For public comments, please call (907) 486-3231 or (855) 492-9202. Page 2 of 45 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 27, 2022 ASSEMBLY WORK SESSION Kodiak Island Borough SUBJECT: Possible MOU for Trails on Woody Island for Tangirnaq Native Village program with BIA ORIGINATOR: Seema Garoutte, Assessor/Interim CDD Director RECOMMENDATION: For Discussion Only. Interim Borough Manager Dave Conrad and Interim CDD Director Seema Garoutte are looking for Assembly direction on this matter. DISCUSSION: On September 26, 2022, Lesnoi, Inc. contacted KIB Clerk, Nova Javier, with information requesting that KIB join in a MOU with others in supporting a public trail on woody island. The trail would cross between and around KIB owned property as well as Native of Kodiak, Lesnoi, Women's American Baptist Mission, and several privately owned properties. On October 10, 2022 additional information was sent to KIB Clerk and forwarded to Interim Borough Manager Dave Conrad and CDD Interim Director Seema Garoutte. Below are maps and projected trails that were sent to KIB from Lesnoi as a sample of the possible trails they would want. The effected KIB properties by PID number are: PID #24142, PID #17230, PID #19613 and PID #18617. Each PID is noted on the map from Lesnoi. To move forward on this item, the action approving inclusion of trails on Borough lan d in the tribal transportation system would require a resolution. The MOU would require dedicating this land for transportation purpose for a least the duration of the MOU, and would require keeping them open for public access. Since they trails have no t already been platted as rights of way, dedicated for public recreational trail use or otherwise formally approved for that use by the Borough, this dedication the routes would likely be a disposal of an interest in real property. KIBC 18.20.170 defines real property to include a revocable license or permit to use real property. The MOU is functionally a permit for use of the property, and is certainly a contract pertaining to disposal of an interest in property as those terms are used in KIBC 18.20.010. The proposal appears to fall within the scope of KIBC 18.20.030 requiring the planning commission review, which would require the commission to authorize the agreement permitting the use of Borough land by the tribe and dedicating them to use for public access and recreation going forward to the Assembly. The operational issues relate to the extent of Borough interest in these routes being dedicated, even though revocably dedicated, as public access routes. Assuming that the Borough wants to dedicate these routes for trail use and development, and have them open to the public, it is recommend to avoid any firm commitment to maintain AGENDA ITEM #2.a. Possible MOU For Trails On Woody Island For Tangirnaq Native Village Pro... Page 3 of 45 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 27, 2022 ASSEMBLY WORK SESSION Kodiak Island Borough them. The proposed MOU includes a provision that: ”except as may be provided in such future agreement, the owner will continue to be responsible for maintenance of the routes. Moreover, these routes will be open to the public.” There are immunities for landowners for recreational use of unimproved land under AS 09.65.200 (which includes allowing use of trails on the land). There are also immunities for discretionary decisions. Where the Borough does not undertake to maintain the route or adjacent property, then liability may be disclaimed based upon that discretionary decision. This would be the courts decision. If the Assembly moves forward and a resolution recommending approval comes from the Planning and Zoning Commission, the MOU should clearly disclaim any Borough duty to maintain the routes or to inspect them for hazards or remove hazards. ALTERNATIVES: FISCAL IMPACT: If the Borough undertakes a duty to maintain a trail and fails to do so adequately, that may be a source of potential liability. Even if the Borough disclaims any duty, the potential for suit is still there and while the Borough could win, the time and ef fort to make the case could cost us. OTHER INFORMATION: AGENDA ITEM #2.a. Possible MOU For Trails On Woody Island For Tangirnaq Native Village Pro... Page 4 of 45 Date Ex rted 10 30 2018 6:13 PM 0 187.5 375 750Feet L_|_|_i_l_1._1__.i_._i 0 Beginning/EndProject OtherRouteSegmentsProposedforNomination ProposedFutureRoutesegments [3 LandOwnershipBoundaries KIBRouteSegmentsProposedbythisMap WOODY I TRIBALC O U N C IL 2018 TTP Inventory Land owner :DAEM Kodia k IslandBorough NAD83 PROJECFION EP 25“?§ ISLA NDTRA ILSNETW ORK . :22 44 0." -’ 57. 78381 7N -152. 33206 8W 5. 783 226 N *132. 332 403 W I . .._x- 'H2‘-- l:.‘.' 3....:-4.1;.-'"'.:1.~.-JI4....no Q, § S7.?S912-' -152 3’ --n-,4» 57. 78' 97f\ -5 2. 3 3 91W 7 ° _ 4 7 o ~l52 . 333l O1- {COO 57. 784.-152 ?- IIJ‘._.as»I 9 AGENDA ITEM #2.a.Possible MOU For Trails On Woody Island For Tangirnaq Native Village Pro...Page 5 of 45 Date Ex orted 10 30 2018 6:20 PM 0 187.5 375 750Feet L__1_i__|4..__.1_._.L__.L_._J 0 Beginning/EndProject OtherRouteSegmentsProposedforNomination ProposedFutureRouteSegments Cl LandOwnershipBoundaries KIBRouteSegmentsProposedbythisMap WOODY TRIBALC O U N C I L 2018 TTP Inventory Land owner :DATUM KodiakIslandBorough NAD83 PROJECTION ASP Z5NE5 bl ISLA NDTRA ILSNETW ORK V‘,1.4..‘-.'.~I‘MI 4-.''‘v"',. _,_.....''3*,‘ N . H‘:.3‘7 ' . ‘1-.,',_pl..\.~'.,__.-,.,‘*_..g H_g.-_-....‘._I‘,.___. R . .,‘-.~_.--'._1;-_._. ‘.--.-'H-‘'' o 'c..‘:' -.~ ~-x“'._111,19.bL-e.-‘...55.!‘-- 5'/'..“O77»:' -15?.341-236 ’ . 0 M v D O ‘p ‘'"-....a,..t-‘.§.-.-'.)\.-.a.x..‘..;.'.' C4 3. 3 57. 70-‘. L96l "‘ 4.52. 2". U ...lI_/8 «_152 .35 3‘/ 9x _/ “ S 3 ‘ -1 O _ )|'AGENDA ITEM #2.a.Possible MOU For Trails On Woody Island For Tangirnaq Native Village Pro...Page 6 of 45 I3 3: I$4’ Date Ex rted 10 30 2018 6:38 P M 0 75 150 300Feet I__;%n_.;|:L____1____J O Beginning/End Project Other Route Segments Prop osed forNominat ionProposedFutureRouteSeg men ts[:1 Land Ownership Boundarie sKIBRouteSegments Propos ed bythisMap WOODY I TRIBALC O U N CI L 2018 TTP Inventory Land owne r:DAM!Kodia k IslandBorough NAD83 PROJECTION ASP Z5NE§ ISLA NDTRA ILSNETW ORK 5‘7s»:suc 152 3S~.2Ss \,:_; §§?.u\. 0:3 55% pf y \>5 s035% 9, S .MN 1 go Q“ 57.78188w r1S2.353Z99\.'J 0 .78--E08M-1 52.350S79‘.'. pl -152 .35 _"_" 7.7833071‘! 152.3533?"-.' A17,83‘!57.7~" ”‘245235 28700 ‘/ 54 0 a.9'.»/I.I ..v'‘v.a 'r-n_1,' Q1 ''.. «L 1».O0 41 QU :J TJ 2 .1 .-,\~' ht " _ ,. . =)“I ‘ nu " ;...,,‘ I . u 0045 -10 .Ln cc AGENDA ITEM #2.a.Possible MOU For Trails On Woody Island For Tangirnaq Native Village Pro...Page 7 of 45 2 4: 4 2, :72 Date Ex rted 10 30 2018 6:37 P M 0 187.5 375 750Feet |?l?L___l.:|:_;.l___L__J O Beginning/End Project Other Route Segments Prop osed forNominat ionProposedFutureRouteSeg men ts[:1 Land Ownership Boundarie sKIBRouteSegments Propos ed bythisMap WOODY I TRIBALC O U N CI L 2018 TTP Inventory Land owne r:DATUM Kodia k IslandBorough 'moss PROJECTION ASP Z5NE5 ISLA NDTRAI LSNETWO RK 2|\l -.5 2. 3 S S AGENDA ITEM #2.a.Possible MOU For Trails On Woody Island For Tangirnaq Native Village Pro...Page 8 of 45 Service Layer Credits: Source: Esri, Maxar,Earthstar Geog raphics, and the GIS UserCommunity 19613 24142 18617 24142 24142 17230 AGENDA ITEM #2.a. Possible MOU For Trails On Woody Island For Tangirnaq Native Village Pro... Page 9 of 45 KIB-TNV MOU re: routes on Woody Island Page 1 of 2 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is by and between Kodiak Island Borough. (the “Owner”) and the TANGIRNAQ NATIVE VILLAGE (the “Tribe”). In signing this Memorandum, the parties indicate their mutual understanding regarding the inclusion of certain trails and roads within the Tribe’s Long Range Transportation Plan, and the addition of these same trails and roads as public routes to the National Tribal Transportation Facility Inventory by the Tribe. WHEREAS, the following routes on Owner’s lands are traditionally used routes on and accessing the Tribe’s traditional and customary lands and village; Route Number Section Number Route Name Length (mi) (15) 002 30 West Coast Trail 002 40 West Coast Trail 002 50 West Coast Trail 003 10 Salt Lake-West Coast Trail Connector 004 10 Salt Lake Trail 004 20 Salt Lake Trail 004 30 Salt Lake Trail 005 10 Salt Lake-Tanignak Lake Trail Connector 006 10 Salt Lake-Tanignak Lake Trail Connector 007 10 Tanignak Lake Trail 007 20 Tanignak Lake Trail 007 30 Tanignak Lake Trail 009 20 Long Lake Trail 009 30 Long Lake Trail 045 10 West Coast-Salt Lake Trail Connector 046 10 Homesite Connector 047 10 Homesite Connector 048 10 Homesite Connector WHEREAS, the Tribe desires to preserve these routes, increase the safety of users of these routes, and protect adjacent lands from traffic along these routes; and WHEREAS, the Tribe has identified the above routes as priority routes in its Long Range Transportation Plan (LRTP), and has designated these trails and roads as public routes in the National Tribal Transportation Facility Inventory (NTTFI); and WHEREAS, said designation of routes supports the Tribe’s annual share of Tribal Transportation Program (TTP) funds and/or makes other transportation funds available, which could be used for planning, improvement, and maintenance of said routes; and AGENDA ITEM #2.a. Possible MOU For Trails On Woody Island For Tangirnaq Native Village Pro... Page 10 of 45 KIB-TNV MOU re: routes on Woody Island Page 2 of 2 WHEREAS, improvements to the above-mentioned routes will benefit both the Tribe and the Owner; and WHEREAS, Owner’s consent to designate these trails and roads as public routes in the NTTFI may be terminated by Owner by written notice, upon which notice the Tribe will pursue removal of the routes from the NTTFI; NOW THEREFORE, the parties agree that: 1. The Owner does not object to the inclusion of the above routes in the Tribe’s LRTP and the NTTFI; and 2. Any future improvements or maintenance of the routes by the Tribe will be completed under a cooperative agreement by the Tribe and the Owner that addresses the responsibilities of each party; and 3. Except for as may be provided in such future agreement, the Owner will continue to be responsible for maintenance of the routes. Moreover, these routes will be open to the public. By the signature of their duly authorized representatives below, the parties indicate that they have reviewed this Memorandum of Understanding and acknowledge that it reflects their mutual understanding of the matters set forth therein. OWNER Kodiak Island Borough Date: Name and Title TRIBE Tangirnaq Native Village (aka Woody Island) Date: Name and Title AGENDA ITEM #2.a. Possible MOU For Trails On Woody Island For Tangirnaq Native Village Pro... Page 11 of 45 N ._.gg?gz??s?éB§i:"a’~&Et".3?':’oE$33GE$S—5\ooo\.o~u.4>m~— Introduced by:Resource Management Drafted by:Resource Management Introduced on:01/18/2018 Adopted on:01/18/2018 KODIAK ISLAND BOROUGH RESOLUTION NO.FY2018-19 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADDING KODIAK ISLAND BOROUGH ROAD RIGHTS OF WAY TO SUN‘AQ TRIBE OF KODIAK’S TRIBAL TRANSPORTATION PROGRAM ROUTE INVENTORY. WHEREAS,The Sun’aq Tribe of Kodiak (Sun’aq)is a federally recognized Alaska Native tribe within the City of Kodiak,and serves 1,738 tribal members on the Kodiak Road System;and WHEREAS,As a federally recognized tribe,Sun’aq is eligible for the Bureau of Indian Affairs (BIA)Tribal Transportation Program (TTP),which allows tribal entities access to funding for the improvement of transportation infrastructure integral to the well-being of the tribe;and WHEREAS,Sun’aq has completed a long-range transportation master-plan outlining tribal transportation goals in compliance with the terms of the BIATTP;and WHEREAS,Historically KIB has partnered with Sun’aq by agreeing to add Borough rights of way including Spruce Cape Road,Harry Neilsen Ave,Eli Waselie Circle,Sut Larsen,Lilly Drive. and Antone Way to the TTP route inventory by means of a letter from the KIB Manager;and WHEREAS,Sun’aq has requested the addition of the following KIB roads to their inventory of Tribal Transportation routes:Selief Lane,Elder Street,Sunset Drive,Woodland Drive,Seabreeze Circle,Puf?n Drive,Sharatin Road,Carroll Way,Katmai Drive,Perenosa Trails,and Island Lake Creek Trail;and WHEREAS,KIB will retain full ownership rights,management rights,and full maintenance responsibilities unless otherwise negotiated in a maintenance agreement;and WHEREAS,KIB Engineering and Facilities,Resource Management,Lands Committee, Planning and Zoning,and Assembly input regarding any development of Kodiak Island Borough Rights of Way shall be accommodated in construction and development plans;and WHEREAS,all public routes on the Tribal Transportation Program route inventory will remain 40 42 43 44 45 public and open to all citizens. NOW,THEREFORE,BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Assembly supports the goals of the Sun’aq Tribal Transportation Program development and the systematic implementation of the Sun’aq Tribe Long Range Transportation Plan within the Kodiak Island Borough. Kodiak Island Borough,Alaska Resolution No.FY2018-19 Page 1 of 2 AGENDA ITEM #2.a. Possible MOU For Trails On Woody Island For Tangirnaq Native Village Pro... Page 12 of 45 46 47 48 49 50 53 54 55 56 57 59 60 62 63 64 BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that KIB formally does not object to the addition of the aforementioned routes to 'l‘|'P inventory and refers the matter of issuing a memo to that effect to the KlB Manager. ADOPTED BY THE ASSEMBLY OF THE KODIAK |SLAND BOROUGH THIS EIGHTEENTH DAY OF JANUARY,2018. KODIAK |SLAND BOROUGH Daniel A.Rohrer,Mayor ATTEST: Nova M.Javier,MMC,lerk UNANIMOUS VOTE: Ayes:Crow,Kavanaugh,Schroeder,Skinner,Smiley,and Symmons Absent:Van Daele Kodiak Island Borough,Alaska Resolution No.FY2018-19 Page 2 of 2 AGENDA ITEM #2.a. Possible MOU For Trails On Woody Island For Tangirnaq Native Village Pro... Page 13 of 45 18.20.170 Definitions. As used in this chapter: “Borough land” means any real property or interest therein owned by the Kodiak Island Borough; “Contract” means a legally enforceable agreement of any kind, including an option, regardless of what it may be called; “Disposal” means any transfer of real property authorized under this title; and “Real property” means any interest in real property under the law of the state of Alaska, including but not limited to a fee, easement, or leasehold interest, and a revocable license or permit to use real property. [Ord. 80-28-O §1, 1980]. 18.20.010 Application of chapter and title to real property disposal. A. Except as this title provides otherwise, this chapter governs all disposal of borough land. B. No contract, lease or conveyance pertaining to the disposal of real property by the borough may be enforced against the borough unless the contract, lease or conveyance was awarded, approved and executed in accordance with this title. C. This section shall not be construed to invalidate any contract, or any legal or equitable interest in real property, existing prior to its enactment. [Ord. 80-28-O §1, 1980]. 18.20.030 Review by planning commission – Assembly approval. Except for disposal required by law: A. Each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. B. Borough land disposals that are not subject to approval by ordinance are subject to approval by assembly resolution. The resolution shall specify the terms and conditions upon which the disposal will be offered. [Ord. 80-28-O §1, 1980]. AGENDA ITEM #2.a. Possible MOU For Trails On Woody Island For Tangirnaq Native Village Pro... Page 14 of 45 Alaska Statutes 2021 AS 09.65.200 Sec. 09.65.200. Tort immunity for personal injuries or death occurring on unimproved land. (a) An owner of unimproved land is not liable in tort, except for an act or omission that constitutes gross negligence or reckless or intentional misconduct, for damages for the injury to or death of a person who enters onto or remains on the unimproved portion of land if (1) the injury or death resulted from a natural condition of the unimproved portion of the land or the person entered onto the land for recreation; and (2) the person had no responsibility to compensate the owner for the person's use or occupancy of the land. (b) This section does not enhance or diminish rights granted under former 43 U.S.C. 932 (R.S. 2477). (c) In this section, “unimproved land” includes land that contains (1) a trail; (2) an abandoned aircraft landing area; or (3) a road built to provide access for natural resource extraction, but which is no longer maintained or used. AGENDA ITEM #2.a. Possible MOU For Trails On Woody Island For Tangirnaq Native Village Pro... Page 15 of 45 AGENDA ITEM #2.a. Possible MOU For Trails On Woody Island For Tangirnaq Native Village Pro... Page 16 of 45 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 27, 2022 ASSEMBLY WORK SESSION Kodiak Island Borough SUBJECT: Appointment Of Assembly Representatives To Boards And Commissions ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: For discussion only. DISCUSSION: The Mayor appoints Assembly members to various boards, committees, and commissions on a yearly basis. Paper copies of the application will be distributed for the Assembly to fill out and filled out forms must be returned to the Clerk by Thursday, November 3. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIB Code Chapter 2.100 Boards, Committees, and Commissions 2100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. AGENDA ITEM #2.b. Appointment Of Assembly Representatives To Boards And Commissions Page 17 of 45 APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS & COMMISSIONS Assembly Member: _______________________________________________________ Mark top 5 choices, 1 being the first choice. Due: Thursday, November 3. # Board or Committee Assembly Rep 11/2021-10/2022 Assembly Rep 11/2022-10/2023 (Mayor to fill out) KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Architectural Review Board, KIBC 2.125 Arndt Borough Lands Committee, KIBC 2.160 Two appointees *Mayor serves on this committee as well Arndt Delgado Emergency Services Council, KIBC 2.110 Mayor is assigned to a seat Williams Joint Building Code Review Committee, KIBC 15.45 Griffin Kodiak College Council Delgado Kodiak Fisheries Work Group (Adhoc) Two Appointees plus one alternate Griffin & Delgado No alternate assigned Kodiak Fisheries Advisory Committee, Res FY07-38 Turner Parks and Recreation Committee, KIBC 2.120 Smith Providence Health System Service Area Board, KIBC 8.05 Turner School District Budget Advisory Committee Smiley School District Facilities Review Committee Smiley School District Strategic Planning Committee Williams Solid Waste Advisory Board, KIBC 2.145 Smiley *Assembly Members should express their wish to be appointed to the following seats. The Assembly Appoints And Confirm. *Cook Inlet Regional Citizens Advisory Council (Three Year Term: February 2020 to March 2023) Arndt is currently serving until March 2023 FYI the following seats will not expire until 2024. SWAMC Board Seat – Kodiak Municipal Seat, (New appointee will start after SWAMC March Annual Conference) Williams is currently serving until 2024 Prince William Sound Regional Citizens Advisory Council (Two Year Term: May 2022 to May 2024) Williams is currently serving until May 2024 • The Cooperative Relations Committee will expire December 31, 2022, per Resolution No. FY21-37. • AML Board District 2 Seat is currently held by the Council member Whiddon from the City of Kodiak. AGENDA ITEM #2.b. Appointment Of Assembly Representatives To Boards And Commissions Page 18 of 45 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 27, 2022 ASSEMBLY WORK SESSION Kodiak Island Borough SUBJECT: Upcoming Meetings, Assembly Conferences, Travel, And Leave Dates ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Discuss upcoming meetings, conferences, and leave dates. Assembly members to notice clerk of their desire to attend AML Conference. DISCUSSION: Upcoming Meetings Cancelled Meetings November 10, 2022, Work Session November 17, 2022, Regular Meeting November 22, 2022, Work Session December 8, 2022, Work Session December 15, 2022, Regular Meeting 2022 Annual Local Government Conference When: Wednesday, December 7 to Friday, December 9, 2022 Where: Dena'ina Center in Anchorage, Alaska Conference Hotel: Marriott Anchorage Downtown Newly Elected Officials (NEO) Training Wednesday, November 30, First day of NEO and it will be held online Monday, December 5, Second day of NEO will be in person For those NEO attendees who wish to stay for the Annual Local Government Conference, AML suggests that you attend the Alaska Conference of Mayors on Tuesday, December 6. Please coordinate all travels through the Clerk's Office. Assembly Leave Dates and Absences Advise the Clerk or the Mayor of the contemplated absence Always give a reason for the absence ALTERNATIVES: FISCAL IMPACT: Mayor Travel and Per Diem - $6,000 Assembly Travel and Per Diem - $21,000 OTHER INFORMATION: KIBC 2.25.070 Absences. AGENDA ITEM #2.c. Upcoming Meetings, Assembly Conferences, Travel, And Leave Dates Page 19 of 45 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 27, 2022 ASSEMBLY WORK SESSION Kodiak Island Borough No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assembly member who is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, 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. AGENDA ITEM #2.c. Upcoming Meetings, Assembly Conferences, Travel, And Leave Dates Page 20 of 45 2.30.100 Miscellaneous | Kodiak Island Borough Code Page 1 of 2 The Kodiak Island Borough Code is current through Ordinance FY2023-08, passed October 6, 2022. 2.30.100 Miscellaneous. 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: 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. AGENDA ITEM #2.c. Upcoming Meetings, Assembly Conferences, Travel, And Leave Dates Page 21 of 45 2.30.100 Miscellaneous | Kodiak Island Borough Code Page 2 of 2 The Kodiak Island Borough Code is current through Ordinance FY2023-08, passed October 6, 2022. 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 #2.c. Upcoming Meetings, Assembly Conferences, Travel, And Leave Dates Page 22 of 45 2.20.070 Miscellaneous | Kodiak Island Borough Code Page 1 of 2 The Kodiak Island Borough Code is current through Ordinance FY2023-08, passed October 6, 2022. B. Travel. 1. The mayor 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 mayor, and tickets are purchased, any changes and additional fees shall be the mayor’s responsibility except: 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. The mayor while traveling on borough business, if 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 the mayor shortens or extends the 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 the mayor shortens or extends the 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, the mayor 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 AGENDA ITEM #2.c. Upcoming Meetings, Assembly Conferences, Travel, And Leave Dates Page 23 of 45 2.20.070 Miscellaneous | Kodiak Island Borough Code Page 2 of 2 The Kodiak Island Borough Code is current through Ordinance FY2023-08, passed October 6, 2022. before the planned trip, the mayor shall request the clerk to poll the entire assembly for approval by a majority of the assembly. a. Following completion of travel, the mayor 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 §3; Ord. 03-05 §2, 2003; Ord. 98-02 §3, 1998. Formerly §2.15.070]. AGENDA ITEM #2.c. Upcoming Meetings, Assembly Conferences, Travel, And Leave Dates Page 24 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 25 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 26 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 27 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 28 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 29 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 30 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 31 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 32 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 33 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 34 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 35 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 36 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 37 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 38 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 39 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 40 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 41 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 42 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 43 of 45 AGENDA ITEM #2.c.Upcoming Meetings, Assembly Conferences, Travel, And Leave DatesPage 44 of 45 Kodiak Island Borough Complete this form with estimated expenses for off island meetings, training and travel expenses. Submit completed form to the Finance Department for approval with a copy of the meeting announcement, registration form, or agenda. If total estimated TRAINING expenses are $2000 or greater, attach a completed Special Training Agreement to this form. No check request or purchase order for travel will be approved without a travel authorization. Employee Name of Meeting/Training & Inclusive Times Travel Destination Dates of Travel Expected Benefits of Meeting/Training: Amount thru $350.00 thru $282.20 thru $596.00 thru thru $50.00 Effective November 3, 2005 (Ordinance #FY2006-05) and December 1, 2005 (Contract #1995-47E), per diem reates are based on the Federal (GSA) rate for per diem (go to http://www.gsa.gov to view rates based on travel destination). Attach copy of applicable per diem rates to Travel Authorization Form.Use the following link to calculate per diem.www.gsa.gov Per Diem 2 $83.00 3 Total Per Diem (75% of daily rate)$124.50 Total Per Diem (Daily Rate)$249.00 Total Per Diem $373.50 $1,651.70 BUDGET ACCOUNT NUMBER: Employee Finance Department Date Supervisor Manager (over $1,000.00)Date # of days @ 75% of daily rate ***********************************************Authorization************************************************ # of days @ daily rate of TOTAL EXPENSES 100-100-450-300 Legislative - Travel/ Per Diem Dates:12/07/22 thru 12/09/22Dates:12/06/22 12/10/22 CHOOSE ACCOUNT NUMBER FROM DROP DOWN LIST Other TAXI/UBER 12/06/22 12/10/22 Airfare ALASKA AIRLINES Dates 12/07/22 12/09/22 12/06/22 12/10/22 Expense Vendor Registration AML 12/06/22 12/10/22 Rental Car Lodging MARRIOTT @$149/night ESTIMATED EXPENSES TRAVEL AUTHORIZATION NO. __________ Anchorage, AK thru12/06/22 12/10/22 Networking; informational; training Aimee Williams 2022 Alaska Municipal League 72nd Annual Local Government Conference Travel Authorization Form Last Update 02/01/2009 AGENDA ITEM #2.c. Upcoming Meetings, Assembly Conferences, Travel, And Leave Dates Page 45 of 45 Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 Fax (907) 486-9390 TO: Kodiak Island Borough Assembly, Mayor Roberts FROM: David Conrad, Interim Borough Manager RE: Managers Report, October 27, 2022 PKIMC – Met with a large group from Providence yesterday regarding the capital project being identified in the new and old portions of this facility. The total anticipated amount of required capital replacement or improvement will far exceed the amount of funds in the Renewal and Replacement Budget for the health care facilities. As required by the lease agreements and KIB Code, Providence and KIB staff have been conducting meetings to ensure that the public and government are informed of the status of the health care facilities associated with the KIB. I will be requesting that the assembly create a health care subcommittee so that the voting body can be involved earlier on in the planning and education process needed to choose and fund projects wisely while paying close attention to the anticipated health care needs in Kodiak in the future. A conversation is required with the assembly for the approval for staff to accept and finalize the cost share proposed to close out the two fuel spills that occurred during the past several years. KIBSD – The Peterson HVAC and Roof Replacement Project is before you tonight. As the staff has proposed to utilize ARPA funding for this one-time capital project, we encourage the assembly to approve the request so the project design can continue to move forward. KIBSD/KIB and contract electricians have met to replace the damaged, missing warning lights on Rezanof near Benny Benson. Plans are being discussed to look at development to upgrade the existing lights originally funded by a legislative grant in 1985. Joint staff will meet next week to discuss the reorganization of the KIBSD CIP and R&R Lists. Assessing – KANA case – Depositions took place today and will continue tomorrow. Assembly has been briefed as to the case status at tonight’s executive session on this topic. Assessing staff continues performing the required field work for the reassessment of properties within the City of Kodiak boundaries. Staff has prepared and is ready to mail out the updated senior citizen, disabled veteran exemption applications and the personal property filing forms on November 15th. Community Development - Meetings with staff to ensure customer service and the departments functionality during this recent transition have been completed. Staff are working on various permits and applications. Spruce Cape subdivision has been placed on hold by Dowl Engineering. Awaiting preliminary plat submission. Mill Bay Plaza is being reviewed for final plat and continuing. Finance – The second ARPA tranche of 1.26 million has been requested. Reporting continues as required. Staff continues to monitor additional funding opportunities associated with the federal monies available. Staff is working on the budget book final edits. This project is due Monday, October 31st. Engineering and Facilities – KRFC – Contract award for the Carpet Replacement Project at KFRC is before you tonight for discussion. Written confirmation for the required funding has not been received by the KIB. If funding has not been secured by the November 3, 2022, meeting, staff will recommend withdrawal of the project submission from the Government Services Administration (GSA). Service Area Contracts –Contract development are required for renewal and implementation. Landfill Closure Project – This project is on hold until spring – Rock processing is continuing. Anticipate three final blasting events in the next two weeks. This will end the blasting for this season. Work to crush rock will continue as the weather allows. Leachate Treatment Plant - Under slab piping has been installed and electrical conduit installation is progressing. Anticipate the contractor to pour the slab within the next two weeks. Dawson Construction has requested application for a limited construction permit for the erection of the metal building this calendar year. This request will hinge on the completion and acceptance of the concrete slab. Staff will keep the public informed. Staff is preparing the documents for the request of low interest loans from the ADEC State Revolving Loan Questionnaire. This request will be for 4.45 million dollars. Larsen Bay School Property – Draft copies have been shared with the Tribal Council for review and comment. Copies are in the packet for review and comment by the assembly. I recently learned that the leadership of the Tribal Council has changed. I will be contacting the new leadership to verify that these actions are going to continue as planned. Karluk School Property – A discussion was held with the Alaska Department of Environmental Conservation, Contaminated Sites Section. Due to the extensive amount of contamination, the depth of contaminated soils and the lack of ground water testing the site will, likely require an Environmental Covenant be assigned to the parcel. There has been an incomplete ground water investigation and the installation of monitoring wells and periodic monitoring may be required at the property. A meeting has been proposed for the first week of November after the ADEC staff member discusses the case with her superiors. I have contacted Karluk IRA Tribal Council and have informed them of the discussions regarding the disposition of the Karluk School Building. Part of the discussion was to inform them that the ADEC is involved and to make them aware of the recent discussions to shutter the school due to the cost required to keep the facility open. At this point if the assembly wishes to completely shut down and close the school facility direction should be provided to the staff. List of Pending Items for Discussion Finalization of the cost of fuel spills at the hospital and Long Term Care Center Bayside Classroom Addition Disposition of Closed School Facilities – Allowable Scope for Current Staff OSHA Voluntary Compliance Visit – Rescheduled for October Continued update of the Personnel Manual ARPA Funding Reporting is continuing. Grant Application and Local Match Funding – Approval for application prior to expending staff time. Leases – Teen Court, Red Cross, Fairgrounds, KISA, Chiniak Library, Long Term Care Major Maintenance Funding for Facilities Disposition of Mental Health Buildings – Information provided to the assembly Solid Waste Collection Contract Modifications Service Area Contracts Annual Contracts Additional Methods to Reward Employees in Personnel Manual Vehicle Replacement Funding opportunities for road repairs and improvements. KODIAK ISLAND BOROUGH Meeting Type: �opl!�vC-IOON Date: I b� Please PRINT your name legibly Please PRINT your name legibly