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2022-12-01 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, December 1, 2022, 6:30 p.m. This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting packets are available onlin e. Please subscribe to get meeting notifications when meeting 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 we 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 marked with an asterisk (*) are considered to be routine and non-controversial items by the Assembly and will be approved by one motion. 6. *APPROVAL OF MINUTES A. November 17, 2022, Regular Meeting Minutes Meeting Minutes 4 - 11 7. CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202 This section is for general comments and for agenda items NOT scheduled for public hearing. 8. AWARDS AND PRESENTATIONS 9. COMMITTEE REPORTS 10. PUBLIC HEARING 11. BOROUGH MANAGER’S REPORT Page 0 of 53 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS A. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvement Projects Priority List For The 2023 Legislative Session CIP Resolution Discussion - Pdf 12 - 18 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 14.B. RESOLUTIONS 1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept The Local Assistance And Tribal Consistency Fund (LATCF) Grant, A Part Of The American Rescue Plan Act (ARPA), For The Benefit Of The Residents Of The Kodiak Island Borough And To Deposit The Funds In The General Fund For Future Appropriation Agenda Item Report - Pdf 19 - 33 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Buildings And Construction, Chapter 40 Building And Lot Numbering, Section 15.40.080 Procedure For Addressing Newly Created Lots Agenda Item Report - Pdf 34 - 37 14.D. OTHER ITEMS 1. Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees Agenda Item Report - Pdf 38 - 46 2. Letter Of Support To The Kodiak Reentry Coalition/Program Agenda Item Report - Pdf 47 - 49 15. CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202 16. ASSEMBLY MEMBERS’ COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS Page 1 of 53 18.A. MINUTES OF OTHER MEETINGS 1. Architectural Engineering Review Board Minutes Architectural Engineering Review Board Minutes 50 - 53 18.B. REPORTS ___________________________________________________________________________ This meeting is open to the public and will be broadcast on KMXT 100.1 FM and 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 53 Kodiak Island Borough November 17, 2022 Assembly Regular Meeting Minutes Page 1 of 8 KODIAK ISLAND BOROUGH Assembly Regular Meeting November 17, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on November 17, 2022, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Administrative Official Jena Hassinger, Borough Clerk Nova Javier, and Deputy Clerk Lina Cruz. 1. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Roberts led the Pledge of Allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people and we 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 Williams, Assembly members Larry Ledoux, Joseph Delgado, Jared Griffin, Geoffrey Smith, Scott Smiley, and James Turner. 5. APPROVAL OF AGENDA AND CONSENT AGENDA Smiley moved to approve the agenda and the consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES 1. Special Meeting Minutes of October 27, 2022 and Regular Meeting Minutes of November 3, 2022 (approved under consent agenda). 7. CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202 The following spoke under citizen’s comments: • Dora Cross, Finance Director • Dr. Alan Wolf • Roland Ruoss 8. AWARDS AND PRESENTATIONS – None. 9. COMMITTEE REPORTS Mayor Williams reported she attended the SWAMC Board meeting. SWAMC is in search of a new executive director and they have an in person meeting scheduled for December 10. AGENDA ITEM #6.A. November 17, 2022, Regular Meeting Minutes Page 4 of 52 Kodiak Island Borough November 17, 2022 Assembly Regular Meeting Minutes Page 2 of 8 10. PUBLIC HEARING 1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Interests To Dispose Of The Larsen Bay School Property Located At 502 Third Street In Larsen Bay By Conveyance To The Village Of Larsen Bay With Conditions To Accommodate A Future School Location Smiley moved to adopt Ordinance No. FY2023-10. Due to the costs associated with maintaining the property and facility (former school) in Larsen Bay, staff has been directed to pursue the disposal of this parcel and facility. Discussions have been held with both the City of Larsen Bay and the Native Village of Larsen Bay. Conversations with the Village Council have resulted in an interest of the council to pursue ownership of the school for the purpose of utilizing the facility and grounds as a multi-use facility for the Larsen Bay residents. Discussions with the tribal council president have included the willingness to provide adequate, maintained classroom space for the continued educational purposes of the resident school age children. Language in the disposal agreement has been included in the required disposal documents. Mayor Williams closed the regular meeting and opened the public hearing. Hearing and seeing none, Mayor Williams closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Ledoux, Smiley, Smith, and Turner. 11. BOROUGH MANAGER’S REPORT Interim Borough Manager Dave Conrad reported on the following: • Holiday Landfill Hours – The Landfill will be closed November 24th and 25th and will reopen Saturday, November 26th for normal business hours. Alaska Waste will be off Thanksgiving Day and normal service will resume the following day. • PKIMC – The HVAC System is showing definite signs of its age and state of maintenance. Anticipating a request and discussion on capital funding for the repair and or replacement of multiple components for the system. Staff is preparing a presentation for the settlement agreement and will request endorsement to finalize the claims for the two fuel spill incidents at the Long- Term Care Center and the Hospital facilities. • KIBSD – Finance will be presenting two ordinances to the assembly for consideration and approval to dedicate the ARPA Funds to the single project, Peterson Elementary School HVAC, and Roof Repairs. The flashing light on Rezanof near East Elementary has been repaired and is functional. Thanks to Local Electric and the KIBSD Staff for the work to repair this protection device for the community. • Assessing – KANA Case – Additional motions have been filed by the KIB. A request for delay of the trial dates has been made associated with the additional filed motions. The KIB will wait for the court’s decision. Assessing staff continues performing the required field work for the reassessment of properties within the City of Kodiak boundaries. Staff is prepared and distributed the updated senior AGENDA ITEM #6.A. November 17, 2022, Regular Meeting Minutes Page 5 of 52 Kodiak Island Borough November 17, 2022 Assembly Regular Meeting Minutes Page 3 of 8 citizen and disabled veteran exemption applications and the personal property and aircraft filing forms were mailed on November 15th. • Community Development - Staff are working on various permits and applications. Natives of Kodiak Spruce Cape subdivision has been submitted for preliminary plat review. • Finance – Staff continues annual filing of small claims for delinquent personal property accounts, notices are currently being served. MDNA – Management Discussion and Analysis portion of the financial statements are continuing and due by November 23 to the auditors. LATCF Funding Resolution has is before the assembly tonight for discussion. • Engineering and Facilities – Preventative Maintenance Program has been implemented. MaintainX is the new program being utilized. A majority of the KFRC Facility components and systems have been entered, PM’s created, and staff is completing PM’s. A work order system will be incorporated for processing and completing work requests based on priority and funding availability. KRFC Carpet Replacement – This job is scheduled to begin on December 10 and be completed by December 18. Bulldozer Procurement – Rebuilt engine has been installed this week. Dozer rebuilds continues. Landfill – Blasting has been competed for this year. Rock crushing will continue as weather allows. Leachate Treatment Plant – Slab has been uncovered per the specification. Contractor anticipates erection of the steel building may begin in early December. 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 – Property disposition to be decided by the assembly tonight. Staff anticipates travel to Larsen Bay for final signatures on the contract and clarification of the repairs that eh KIB is responsible for competing associated with the facility transfer agreement. The cost is estimated at less than $10,000.00 for required responsible repairs. Karluk School Property – The KIB heating contractor continues to attempt travel to Karluk today for the repair of the oil-fired boiler. Discussion is scheduled for next week to decide the fate of the school facility at Karluk. Staff has informed the Tribal Chief, Alicia Andrew of the meeting and has arrange for a Zoom Meeting during the November 22nd discussion. A meeting was held today with the Alaska Department of Environmental Conservation, Contaminated Sites Section regarding the spill at the school site. 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 will likely be required. ADEC has provided information to contact the Alaska Department of Commerce regarding the long-term disposition of the school building and property. • List of Pending Items for Discussion – 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 AGENDA ITEM #6.A. November 17, 2022, Regular Meeting Minutes Page 6 of 52 Kodiak Island Borough November 17, 2022 Assembly Regular Meeting Minutes Page 4 of 8 Additional Methods to Reward Employees in Personnel Manual Vehicle Replacement Funding opportunities for road repairs and improvements. 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Williams stated that she met with Karl Hertz from Providence Kodiak Island Medical Center to discuss challenges the hospital is facing with staff ing and maintenance of the facility. They discussed creating a focus group including Assembly members to work on medical care facilities on Kodiak Island. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS – None. 14.B. RESOLUTIONS \ 1. Resolution No. FY2022-22A Amending and Redirecting Funds From The State Of Alaska ARPA Local Government Lost Revenue Relief Program (LGLRRP) To Offset Significant Revenue Loss Due To The Covid-19 Public Health Emergency Smiley moved to approve Resolution No. FY2022-22A. The Borough received $1,925,939.01 of ARPA funds through the Local Government Lost Revenue Relief Program (LGLRRP) and has allocated those funds in Resolutions FY2022-22. Due to recent additional guidance from the US Treasury that indicate that not all the previously identified purposes in that resolution are allowed, staff is recommending redirecting the allocation to projects that are clearly allowable. Two projects that have been identified as having COVID-19 mitigation and prevention abilities are the Peterson Elementary School HVAC and Roof project which will provide a ventilation system for the school, and the Landfill Storm Water Infiltration and Collection Improvement project which will provide for better water treatment of storm water and landfill leachate. Funds will be used first on the Peterson Elementary School HVAC and Roof project and then, if there are any remaining funds, they will be used for the Landfill Storm Water Infiltration and Collection Improvement project. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Ledoux, Smiley, Smith, Turner, and Delgado. 2. Resolution No. FY2023-09A Amending and Redirecting Previously Authorized America Rescue Plan Act (ARPA) - State And Local Fiscal Recovery Funds (SLFRF) For The Benefit Of The Residents Of The Borough AGENDA ITEM #6.A. November 17, 2022, Regular Meeting Minutes Page 7 of 52 Kodiak Island Borough November 17, 2022 Assembly Regular Meeting Minutes Page 5 of 8 Smiley moved to adopt Resolution No. FY2023-09A. The Borough received $2,524,709 of ARPA funds through the State and local Fiscal Recovery Funds (SLFRF) and has allocated those funds in Resolutions FY2022-16, FY2022-19 and FY2023-09. Due to recent additional guidance from the US Treasury that indicate that not all the previously identified purposes in those resolutions are allowed, staff is recommending redirecting the remaining unexpended allocation of $2,512,354.50 ($12,354.50 was paid to the Salvation Army Food Bank per Resolution No. FY2022-19) to projects that are clearly allowable. Two projects that have been identified as having COVID-19 mitigation and prevention abilities are the Peterson Elementary School HVAC and Roof project which will provide a ventilation system for the school, and the Landfill Storm Water Infiltration and Collection Improvement project which will provide for better water treatment of storm water and landfill leachate. Funds will be used first on the Peterson Elementary School HVAC and Roof project and then, if there are any remaining funds, they will be used for the Landfill Storm Water Infiltration and Collection Improvement project. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ledoux, Smiley, Smith, Turner, Delgado, and Griffin. 3. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvement Projects Priority List For The 2023 Legislative Session Smiley moved to adopt Resolution No. FY2023-15. This is the annual priority list submitted to the Alaska State Governor and Legislature for consideration of capital funding to the KIB. The Planning and Zoning Commission has recently approved its annual update of the Capital Improvement Program (CIP). Upon review of the Planning and Zoning Commission's CIP list and last year's Capital Improvement Priority List submitted to the State Legislature, and additional project considerations brought forth to the Manager's office, the Assembly will discuss and decide upon priorities for this year's list to submit to the Governor and State Legislators for possible funding from the State of Alaska. Smiley moved to postpone Resolution No. FY2023-15 to the next regular meeting of the Assembly on December 1, 2022. ROLL CALL VOTE ON THE MOTION TO POSTPONE CARRIED FIVE TO ONE: Smiley, Smith, Turner, Delgado, and Griffin (AYES); Ledoux (NO). 4. Resolution No. FY2023-03A A Resolution Of The Assembly Of The Kodiak Island Borough Amending The Kodiak Island Borough Records Retention Schedule And Central Filing System To Reflect Amendments To The Borough Clerk Records Series And Election Series AGENDA ITEM #6.A. November 17, 2022, Regular Meeting Minutes Page 8 of 52 Kodiak Island Borough November 17, 2022 Assembly Regular Meeting Minutes Page 6 of 8 Smiley moved to adopt Resolution No. FY2023-03A. The Borough Clerk’s office previously revised the retention schedule in the Clerk’s Office category. There were a few series that were inadvertently missed during that revision and the Clerk's Office are now requesting inclusion of those changes (Exhibit A). Also presented in this resolution are the Assembly changes to the Elections series (Exhibit B). The goal is to continue working on comprehensive updates to the retention schedule by reflecting the current practice in the office. These changes were reviewed by the Borough Attorney. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Turner, Delgado, Griffin, Ledoux, and Smiley. 14.C. ORDINANCES FOR INTRODUCTION – None. 14.D. OTHER ITEMS 1. Appointment to the Kodiak Island Borough Assembly Smiley moved to convene into executive session to discuss evaluation of Applicant Arndt, a matter which might include a discussion that could potentially prejudice the reputation and character of the applicant. KIBC 2.25.060D. In appointing a person from among the applicants, the assembly shall utilize the voting procedures specified in KIBC 2.30.040(B) for the election of the deputy presiding officer. KIBC 2.30.040 Organization and deputy presiding officer. B. Election of the deputy presiding officer of the assembly shall be in the following manner: 1. As the first order of new business, nominations for deputy presiding officer shall be opened. 2. Nominations may be made by any member of the assembly. 3. At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one other person, tally the ballots. The clerk shall announce the results. 4. A majority vote of the assembly shall be required for election. 5. If no majority is cast for any candidate or candidates, the candidate with the fewest ballots shall be dropped from the list of candidates until there are two remaining and balloting shall continue until one candidate is elected. In case of an ultimate tie vote of the assembly, the mayor may vote. KIBC 2.30.070F. The vote upon any question shall be “ayes” and “noes” and shall be recorded in the journal of the assembly. In the case where only six members of the assembly are present and there is a three/three tie vote of the assembly, the mayor may vote. No resolution, ordinance or motion before the AGENDA ITEM #6.A. November 17, 2022, Regular Meeting Minutes Page 9 of 52 Kodiak Island Borough November 17, 2022 Assembly Regular Meeting Minutes Page 7 of 8 assembly shall be valid unless affirmed or denied by a majority of the votes to which the assembly is entitled on the question. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Delgado, Griffin, Ledoux, Smiley, and Smith. Smiley moved to invite the Mayor and Assembly members into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Smiley moved to discuss publicly Applicant Ryan Sharratt’s qualifications for the open seat on the Assembly. Clerk’s note: Applicant Sharratt requested that any discussions pertaining to him be done in public. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Ballot slips were distributed and collected by the Clerk. Clerk and designee tallied the votes and announced Mr. Scott Arndt received the most votes. 2. Administration Of Oath Of Office To Newly Appointed Assembly Member Borough Clerk, Nova M. Javier administered the oath of office to newly appointed Assembly Member Arndt. Kodiak Island Borough Code 2.25.030 Before taking office, an assembly member shall affirm in writing that the duties of the office will honestly, faithfully, and impartially be performed. The oath shall be filed with the clerk. 3. Good Cause Determination For A Late Senior Citizen Exemption Smiley moved to grant permission to the Assessor to accept the late filed senior citizen exemption application for good cause. Applicant Grant de Line filled an application to receive the Senior Citizen exemption for tax year 2022 on October 17, 2022. At that time, he also provided his good cause. In that paperwork, Mr. de Line had a copy of the application he mailed in 2022. It appeared that he mailed it before the deadline, unfortunately, KIB did not receive the application at all. Any citizen that would have qualified for the exemption is given an application to fill out and begin the good cause decision phase for exemption. Mr. de Line was given a new application due to the fact the the previous one was in his (now deceased) wife's name. As stated above, the application included his good cause letter and documentation. A copy of Mr. de Lines confidential documents have been supplied to you by the Clerk. Please return the documents to the clerk for proper destruction. AGENDA ITEM #6.A. November 17, 2022, Regular Meeting Minutes Page 10 of 52 Kodiak Island Borough November 17, 2022 Assembly Regular Meeting Minutes Page 8 of 8 Per KIBC 3.35.030 D. In the event that a claimant fails to apply for a senior exemption as provided by AS 29.45.030(e) by January 15th of the assessment year for which the exemption is sought, the borough assembly for good cause shown may waive the claimant’s failure to make timely application for the exemption for that year and if the assembly finds good cause for the failure to make a timely filing the borough assessor shall accept the application, as if timely filed, subject to the provisions contained in AS 29.45.030(e)., Assessor Garoutte is asking for the Assembly to grant a good cause waiver to Mr. de Line and direct her to accept the application as timely filed. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO TWO: Smith, Delgado, Griffin, and Ledoux (AYES); Smiley and Turner (NOES). The senior citizens exemption was granted for Mr. Grant de Line’s appeal. 15. CITIZENS' COMMENTS The following spoke under citizen’s comments: • Ryan Sharratt 16. ASSEMBLY MEMBERS’ COMMENTS • Assembly Member Smiley had no comment. • Assembly Member Smith thanked Ryan Sharratt for applying for the vacant Assembly seat. • Assembly Member Ledoux requested to schedule a work session to discuss procurement protocols for the Borough to see if there’s a way to be more efficient. He also thanked Ryan Sharratt for his courage to step up and apply for the vacant Assembly seat. • Assembly Member Griffin mentioned his interest in discussing procurement protocols and thanked Mr. Scott Arndt and Ryan Sharratt. • Assembly Member Delgado encouraged citizens to get out and apply to the vacancies on the different boards and commissions to increase diversity within the Borough. • Assembly Member Turner thanked both applicants, Scott Arndt and Ryan Sharratt for stepping up and applying for the vacant Assembly seat. 17. ADJOURNMENT Smiley moved to adjourn the meeting at 7:34 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: Aimee Williams, Borough Mayor Nova M. Javier, MMC, Borough Clerk AGENDA ITEM #6.A. November 17, 2022, Regular Meeting Minutes Page 11 of 52 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 1, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2023-15 Adopting A State Legislative Capital Improvement Projects Priority List For The 2023 Legislative Session ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support RECOMMENDATION: Move to adopt Resolution No. FY2023-15. DISCUSSION: This is the annual priority list submitted to the Alaska State Governor and Legislature for consideration of capital funding to the KIB. The Planning and Zoning Commission has recently approved its annual update of the Capital Improvement Program (CIP). Upon review of the Planning and Zoning Commission's CIP list and last year's Capital Improvement Priority List submitted to the State Legislature, and additional project considerations brought forth to the Manager's office, the Assembly will discuss and decide upon priorities for this year's list to submit to the Governor and State Legislators for possible funding from the State of Alaska. Clerks note: This resolution was presented to the Assembly on November 17. The Assembly postponed this resolution to December 1. The Assembly discussed this during its November 22 work session. ALTERNATIVES: Take no action. FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.A. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvemen...Page 12 of 52 Kodiak Island Borough, Alaska Resolution No. FY2023-15 Page 1 of 6 1 Introduced by: Interim Borough Manager thru the Mayor 2 Drafted by: Special Projects Support 3 Introduced on: 11/17/2022 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2023-15 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A 10 STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 11 2023 LEGISLATIVE SESSION 12 13 WHEREAS the Kodiak Island Borough represents approximately 13,000 residents of the Kodiak 14 Island Archipelago living in six incorporated cities and one community governed by a tribal 15 council government; and 16 17 WHEREAS a Borough–wide capital improvement program has been adopted by the Kodiak 18 Island Borough Planning & Zoning Commission which identifies major needs of the island 19 community for the next five years; and 20 21 WHEREAS the Kodiak Island Borough Assembly has reviewed the borough-wide capital 22 improvement program adopted by the Planning & Zoning Commission and identified major 23 projects to submit to the Alaska Governor and State Legislative Delegation for funding 24 consideration. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that: 28 29 Section 1:The Kodiak Island Borough’s State Legislative capital improvement project 30 priorities for the 2023 legislative session are as follows: 31 32 Peterson Elementary School Roof Replacement and Repairs 33 Estimated Project Cost $3,500,000 34 Local Funding $840,000 35 Needed Funds $2,660,000 36 37 Peterson School was built in the early 1950’s and expanded in early 2000’s. This school 38 has served the families of the military base (Navy and then Coast Guard) and Kodiak’s 39 Bells Flats neighborhood residents. 40 41 The roof on the school is an EPDM/IRMA Ballasted and Protected Membrane Roof 42 System that is approximately 25 years old. The roof has been leaking causing rot and 43 degradation of support elements. Specifically, the parapet walls, rooftop HVAC units, 44 and associated ducting. Repairs have been difficult to accomplish due to the type of the 45 roof system in place. 46 47 Asbestos removal for the rain leader drains are also concerns and add cost for 48 hazardous materials handling. This project is a priority item on the Borough’s school 49 facility repair and replacement list and has been submitted to Department of Education 50 and Early Development (DEED) for consideration under the department’s major 51 maintenance program but is unlikely to get funding in next few years given competing AGENDA ITEM #13.A. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvemen...Page 13 of 52 Kodiak Island Borough, Alaska Resolution No. FY2023-15 Page 2 of 6 52 projects already on the list and the minimal amount of annual funding provided. 53 54 East Elementary School Roof Evaluation and Design 55 Estimated Project Cost $100,000 56 Needed Funds $100,000 57 The metal roof on the west section East Elementary School has reached degradation 58 and requires replacement. A full evaluation of the roof structure and design of a 59 replacement is necessary. 60 61 Safe Pathways to North Star Elementary School 62 Estimated Project Cost $2,000,000 63 Needed Funds $2,000,000 64 65 North Star Elementary School is located on a hill amongst several residential 66 neighborhoods. Many roads connecting the neighborhoods around the school are 67 narrow, steep, and winding dirt roads without sidewalks or separated pathways to keep 68 pedestrians safe from vehicular traffic. The Kodiak Safe Routes to Schools Plan (2013) 69 describes a need for separated pathways or trails to connect the residential 70 neighborhoods to the school. This project would provide separated soft surface 71 pedestrian pathways along Lily Drive and Anton Way. 72 73 Port Lions Water and Sewer Distribution Project 74 Estimated Project Cost $8,000,000 75 Needed Funds $8,000,000 76 77 The current water/sewer distribution infrastructure in Port Lions was built in 1994. A life 78 span of twenty-five (25) years is considered normal for coastal Alaska. In addition to 79 being aged out, the system was not installed correctly during the 1994 project and has 80 been a drain on City resources for repair and maintenance from the beginning. The 81 annual water and sewer department budget is often exceeded due to unexpected 82 emergency projects that are connected to the failing system. 83 84 The City of Port Lions has requested the Alaska Native Tribal Health Consortium put a 85 replacement project in their funding pipeline, however recent communication with 86 ANTHC, indicates that projects for Old Harbor and Ouzinkie are ahead of Port Lions and 87 that it could be a number of years before the Port Lions water and sewer distribution 88 system can be replaced. 89 90 Drainage Improvements for Chiniak Highway and Sargent Creek Intersection 91 Estimated Project Cost $2,500,000 92 Needed Funds $2,500,000 93 94 This request is to provide funding to the DOT&PF Southcoast Region, Kodiak Island 95 District for the construction of improvements near the intersection of the Chiniak 96 Highway and Sargent Creek Road. These improvements will address flooding at the 97 intersection that sometimes makes it impassable. 98 99 Heavy rain events occurring in conjunction with high tide cause the intersection to flood 100 the only roadway in and out of Bells Flats subdivision. This flooding impedes safe travel AGENDA ITEM #13.A. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvemen...Page 14 of 52 Kodiak Island Borough, Alaska Resolution No. FY2023-15 Page 3 of 6 101 and often leaves motorists stranded and unable to reach their homes in the subdivision 102 or conversely, critical services located in town. 103 104 The Kodiak Island Borough recently sponsored and was awarded a Bridge Investment 105 Program grant for the Kodiak Sargent Creek and Russian River Bridges Planning Study. 106 These bridges are located on either side of the intersection of the Chiniak Highway and 107 Sargent Creek Road. The timing is optimal for coordinating the planning study with 108 design work necessary for construction improvements to ensure that ongoing flooding 109 issues at this intersection are mitigated. 110 111 Ouzinkie Electrical Distribution System 112 Estimated Project Cost $2,500,000 113 Needed Funds $2,500,000 114 115 Age and exposure to salt-water atmosphere have revealed that all the transformers on 116 Ouzinkie’s electric distribution system have rusted out. When the lids rust thru, water gets 117 into the transformer causing extreme loads, short circuits, and the potential, (due to 118 buildup of gas pressure), of explosion with consequences to individuals and property in the 119 vicinity. It is expected that this preventive renovation will reveal other situations such as 120 individual poles that need replacement and rerouting of transmission lines. A highly critical 121 and significant section of Ouzinkie’s power is connected to the hydroelectric plant. This 122 connection is by direct burial concentric neutral 7,200-volt power lines. This quality of 123 cable as it was installed has been estimated by Kodiak Electric Association’s Electrical 124 Engineer to have exceeded its normal expected life and is subject to failure any day. The 125 western section of town is serviced by the same type of cable and there is no possibility of 126 delivering power to these residents, temporary or otherwise when this failure occurs. 127 It is requested that this project be engineered and managed by the Alaska Energy 128 Authority. 129 130 Sargent Creek Community Playground & Basketball Court 131 Estimated Project Cost $150,000 132 Local Funding $2,000 133 Needed Funds $148,000 134 135 The goal of this project is to provide modern playground equipment that meets current 136 standards to replace old equipment at a community playground. 137 138 The small playground located at 538 Sargent Creek Road by the Women’s Bay Fire 139 Department was installed more than 30 years ago and needs to be updated. The 140 Sargent Creek Playground experiences a significant level of use by families in the 141 neighborhood, as it is the only park/playground on the Sargent Creek side of Womens 142 Bay. There are currently just 4 pieces of equipment, 3 of which are rusted and in need 143 of removal and replacement. There is also an existing basketball court, but it lacks 144 pavement and sits on a grassy patch of ground. Significant ground/site prep work, 145 including pouring cement, would be required to bring the basketball court to a functional 146 level. 147 148 A similar playground project took place at the Panamaroff Park in 2014. Cost estimates 149 are from that project. The Womens Bay Community Coalition is committed to seeking AGENDA ITEM #13.A. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvemen...Page 15 of 52 Kodiak Island Borough, Alaska Resolution No. FY2023-15 Page 4 of 6 150 funding from a variety of sources and are willing to provide volunteer labor as 151 needed. Kodiak Island Borough owns the land where the park is located. 152 153 Service Area Road Improvements and Paving 154 Estimated Project Cost $10,000,000 155 Local Funds $1,000,000 156 Needed Funds $9,000,000 157 158 This project addresses the on-going need to improve portions of Borough Service Area 159 roads. There are approximately 26 miles of road among four Road Service Areas that 160 connect residential neighborhoods with the greater Kodiak community. 161 162 Paving projects will address main thoroughfares or busy neighborhood roads. 163 Improvements to major drainage courses, installation of guard rails, and other identified 164 road improvement needs may also be addressed with this funding. 165 166 The two larger local road services areas, Road Service Area No. 1, serving an area 167 north of the City of Kodiak, and Women’s Bay Service Area will share the funding 168 amongst priorities that have been determined by the road service area boards. Local 169 contributions to road improvements may be funded through local improvement districts 170 where those in the district are taxed a proportion of the project cost. 171 172 Port Lions State Route Improvement Project 173 Estimated Project Cost $1,200,000 174 Needed Funds $1,200,000 175 176 An evaluation and planning are needed to address the lack of maintenance on this state- 177 owned roadway that runs through the community of Port Lions in the Kodiak Island 178 Borough. 179 180 The residents of Port Lions are currently driving on what is left of the original surface 181 gravel for the approximately five (5) miles of State Route in our community. The State 182 Route runs from the Airstrip through the Port Lions Subdivision, around Settlers’ Cove, 183 through the Wakefield Subdivision, to the Ferry Dock. It is the only means of access to 184 air and ferry travel for the residents. It is also the access route for families residing in the 185 Wakefield Subdivision to get to the School, Post Office, both Churches, and Small Boat 186 Harbor. There are approximately two and a half (2.5) additional miles of roadway in Port 187 Lions which are residential streets and drives. 188 189 A project to resurface the State Route was on the AK DOT STIP in 2003-2004, but it 190 suddenly disappeared from the STIP, and none of our efforts to have it placed back on 191 the STIP have not been successful. The condition of the State Route in 2003 was not 192 good, and it has steadily deteriorated since. There is simply no surface D-1 left. Dust in 193 the summer, mud in the fall/winter, and potholes year-round are chronic problems 194 affecting the health of the residents in the community (especially those with COPD, 195 asthma, and other lung conditions) and beating up vehicles (flat tires are very common, 196 door hinges and shock absorbers fail frequently). 197 198 The Native Village of Port Lions and the City of Port Lions share road maintenance 199 efforts in the village, but neither entity has sufficient resources to address the current 200 condition of the State Route, including the production of enough D-1 gravel to AGENDA ITEM #13.A. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvemen...Page 16 of 52 Kodiak Island Borough, Alaska Resolution No. FY2023-15 Page 5 of 6 201 accomplish resurfacing of this route. 202 203 Kodiak Community Health Center Expansion Design 204 Estimated Project Cost $25,850,000 205 Funding acquired $8,317,901 206 207 Estimated Design Cost $1,200,000 208 Needed Funds $1,200,000 209 210 The Kodiak Community Health Center (KCHC) is currently housed within the Kodiak Island 211 Borough owned hospital facility and co-located with Providence Kodiak Island Medical Center. 212 KCHC is in need of increasing their clinic space and is planning an expansion project. Due to 213 various changes in the community in the past five years, patient and provider counts have 214 increased and pushed this organization to the maximum of their space limitations. Additionally, 215 an increase in patient population is expected to coincide with a local US Coast Guard base 216 increase in employees and their families in the next few years. 217 218 With appropriate funding KCHC proposes to expand and improve the clinic space and continue 219 to provide needed services in the Kodiak community. KCHC has acquired funding in the 220 amount of $8.3 million toward this project, however design activities are not eligible within this 221 funding. KCHC is seeking design funds in order to move forward with the project and will 222 continue to fund raise for the balance needed. 223 224 Chiniak Highway Paving 225 Estimated Project Cost $42,000,000 226 Needed Funds $42,000,000 227 228 The residents of Chiniak are requesting funding for paving the Chiniak Highway from 229 mile marker 30 to mile marker 42. The road, owned by the state, requires grading, 230 drainage work, paving and construction of pedestrian facilities. Currently the road is 231 gravel which poses increased icy conditions in the winter and is dusty at all times of the 232 year when dry. The gravel road requires continual maintenance. The residents believe 233 that maintenance will be reduced, and public health and safety will increase with the 234 paving of the road. It is requested that this project be added to the Statewide 235 Transportation Improvement Program (STIP) and the Federal-Aid Highway 236 Program. 237 238 Anton Larsen Bay Road Extension to Ice Free Water 239 Estimated Project Cost $10,450,000 240 Funding Acquired $450,000 241 Needed Funds $10,000,000 242 243 An extension of the Anton Larsen Bay Road will be a public road of approximately 2.2 244 miles to ice free waters just outside Anton Larsen Bay. The project will include a boat 245 launching ramp. The road will provide year around road access to Kodiak for residents 246 of Port Lions, Ouzinkie and much of the west side of Kodiak Island and all of Afognak 247 Island without having to travel around Spruce Cape. 248 249 Year-round travel by vessel to Kodiak around Spruce Cape is treacherous. Extending 250 the Anton Larsen Bay Road makes winter traveling safer and provides access to critical AGENDA ITEM #13.A. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvemen...Page 17 of 52 Kodiak Island Borough, Alaska Resolution No. FY2023-15 Page 6 of 6 251 services located in the City of Kodiak – including hospitals and businesses. The road 252 extension will support existing commercial operations in Marmot Bay such as Kodiak 253 Electrical Association hydro-electric plant, Koniag Inc. rock quarry, and Kodiak Regional 254 Aquaculture Association’s Kitoi hatchery. Moreover, an extended road will enhance 255 summer and winter recreational opportunities and activities for all Kodiak residents. 256 257 The Anton Larsen Bay Road extension is envisioned as a project undertaken by the 258 Native Village of Ouzinkie or the Spruce Island Develop Corporation. It will be built on a 259 road right-of-way donated by the Ouzinkie Native Corporation and Koniag, Inc. The road 260 extension is also in the Sun’aq Tribe of Kodiak’s road inventory. Maintenance of the 261 extension is expected to be by one or both tribal entities. The route is identified in the 262 Kodiak Transportation Plan as in important upland facility. Routing is complete and most 263 of the design work is finished. An environmental assessment was completed in 2020. It 264 is requested that this project be included in State of Alaska’s State Transportation 265 Improvement Program (STIP). Funding will be from State and/or Federal funds with 266 Ouzinkie Native Corporation and Tribe providing the right-of-way and in-kind services. 267 268 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our 269 State of Alaska Governor and Legislative Delegation of the Capital Improvement 270 Projects Priority List adopted by the Kodiak Island Borough Assembly. 271 272 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 273 THIS __ DAY OF NOVEMBER 2022. 274 275 KODIAK ISLAND BOROUGH 276 277 278 ATTEST: 279 ___________________________ 280 Aimee Williams, Mayor 281 282 ___________________________ 283 Nova Javier, MMC, Borough Clerk 284 285 VOTES: 286 Ayes: 287 Noes: AGENDA ITEM #13.A. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvemen...Page 18 of 52 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 1, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept The Local Assistance And Tribal Consistency Fund (LATCF) Grant, A Part Of The American Rescue Plan Act (ARPA), For The Benefit Of The Residents Of The Kodiak Island Borough And To Deposit The Funds In The General Fund For Future Appropriation ORIGINATOR: Dora Cross, Finance Director RECOMMENDATION: Move to adopt Resolution No. FY2023-17. DISCUSSION: Section 605(b) of the Social Security Act, as added by Section 9901 of the American Rescue Plan Act (ARPA) established the Local Assistance and Tribal Consistency Fund (LATCF). This fund provides a total of $2 billion for Treasury to make payments to eligible revenue sharing counties and eligible Tribal governments. Of that $2 billion, eligible counties are allotted $1.5 billion to be paid out over two years and Tribal governments are allotted $500 million to be paid out over two years. The Borough is eligible to receive $4,787,173 of the Local Assistance and Tribal Consistency Fund (LATCF) which will be paid in two equal, annual tranches of $2,393,586. The deadline to apply for the funding is January 31, 2023. The purpose of the LATCF program is to serve as a general revenue enhancement program and is designed, in part, to supplement existing federal programs that augment and stabilize revenues for these communities. The payment formula is based on federal acreage within each unit of local government, as defined by the Payments in Lieu of Tax (PILT) program and the Refuge Revenue Sharing program under the U.S. Fish and Wildlife Service. Other factors in the formula include population, historic poverty levels, household income, land values and unemployment rates, as well as other economic indicators, over a 20-year period. This program allows a broad use of funds and recipients may use these funds on any governmental purpose other than lobbying activities. A non-exhaustive list of example activities that fulfill a governmental purpose include, but are not limited to: • Provision of health services; • Capital expenditures on core facilities and equipment; • Infrastructure investments; • Long-term economic development; • General government operations; • Meeting another federal program's non-federal match or cost-sharing requirement. Funds are available to recipients until expended or returned to Treasury. ALTERNATIVES: Not apply for the $4,787,173 LATCF grant. AGENDA ITEM #14.B.1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept...Page 19 of 52 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 1, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough FISCAL IMPACT: None. OTHER INFORMATION: 3.25.040 ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS A. The assembly is authorized to accept grants from the federal government, state government, or other source. All such grants shall become part of a specific fund or group of accoun ts if readily identifiable to such specific fund or group of accounts. All other such funds shall be deemed initially part of the general fund or unappropriated fund balance of the borough. C. Grant funds which are unlimited as to use, or subject only to general limitations, shall be appropriated by ordinance, which shall include an appropriate budget amendment. AGENDA ITEM #14.B.1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept...Page 20 of 52 Kodiak Island Borough, Alaska Resolution No. FY2023-17 Page 1 of 2 Introduced by: Borough Manager 1 Drafted by: Finance Director 2 Introduced on: 12/01/2022 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2023-17 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING 9 THE MANAGER TO APPLY FOR AND ACCEPT THE LOCAL ASSISTANCE AND TRIBAL 10 CONSISTENCY FUND (LATCF) GRANT, A PART OF THE AMERICAN RESCUE PLAN 11 (ARPA), FOR THE BENEFIT OF THE RESIDENTS OF THE BOROUGH AND TO DEPOSIT 12 THE FUNDS IN THE GENERAL FUND FOR FUTURE APPROPRIATION. 13 14 WHEREAS, the Kodiak Island Borough has been deemed eligible by the US Department of the 15 Treasury to receive funds under the American Rescue Plan Act – Local Assistance and Tribal 16 Consistency Fund in the amount of $4,787,173.04, which is to be paid in two, annual tranches 17 over two years; and 18 19 WHEREAS, the purpose of the LATCF program is to serve as 20 a general revenue enhancement program and is designed, in part, to supplement existing 21 federal programs that augment and stabilize revenues for these communities; and 22 23 WHEREAS, Kodiak Island Borough Code 3.25.040(A) calls for grants received which are not 24 identifiable to a specific fund or group of accounts to be deposited in the general fund; and 25 26 WHEREAS, the Assembly finds that the LATCF grant funds are funds which are subject to 27 general limitations, and that Kodiak Island Borough Code 3.25.040(C) provides that grants funds 28 received which are subject to only general limitations must be appropriated by ordinance with an 29 appropriate budget amendment; and 30 31 WHEREAS, the funds accepted under the LATCF grant will require a subsequent ordinance 32 appropriating the funds before they may be expended. 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 35 BOROUGH that: 36 37 Section 1: The Interim Borough Manager is authorized to execute the application for the LATCF 38 grant, and to accept the funds if awarded and deposit them in the general fund for 39 future appropriation. 40 41 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 42 THIS ________________ DAY OF DECEMBER, 2022. 43 44 KODIAK ISLAND BOROUGH 45 ATTEST: 46 AGENDA ITEM #14.B.1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept...Page 21 of 52 Kodiak Island Borough, Alaska Resolution No. FY2023-17 Page 2 of 2 ___________________________ 47 Aimee Williams, Mayor _____________________________ 48 Nova M. Javier, MMC, Borough Clerk 49 VOTES: 50 Ayes: 51 Noes: 52 Absent: 53 AGENDA ITEM #14.B.1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept...Page 22 of 52 State Recipient Name FY22 Allocation FY23 Allocation Alabama Montgomery County $50,000.00 $50,000.00 Alabama Morgan County $50,000.00 $50,000.00 Alabama Perry County $130,842.51 $130,842.51 Alabama Pickens County $50,000.00 $50,000.00 Alabama Randolph County $50,000.00 $50,000.00 Alabama Russell County $50,000.00 $50,000.00 Alabama Shelby County $50,000.00 $50,000.00 Alabama St. Clair County $50,000.00 $50,000.00 Alabama Sumter County $50,000.00 $50,000.00 Alabama Talladega County $148,371.84 $148,371.84 Alabama Tallapoosa County $50,000.00 $50,000.00 Alabama Tuscaloosa County $50,000.00 $50,000.00 Alabama Washington County $50,000.00 $50,000.00 Alabama Wilcox County $50,000.00 $50,000.00 Alabama Winston County $359,974.77 $359,974.77 Alaska Aleutians East Borough $1,019,400.00 $1,019,400.00 Alaska Bristol Bay Borough $100,924.22 $100,924.22 Alaska Denali Borough $477,900.00 $477,900.00 Alaska Fairbanks North Star Borough $133,243.91 $133,243.91 Alaska Haines Borough $621,300.00 $621,300.00 Alaska Kenai Peninsula Borough $6,000,000.00 $6,000,000.00 Alaska Ketchikan Gateway Borough $4,126,200.00 $4,126,200.00 Alaska Kodiak Island Borough $2,393,586.52 $2,393,586.52 Alaska Lake and Peninsula Borough $424,800.00 $424,800.00 Alaska Matanuska -Susitna Borough $4,775,813.21 $4,775,813.21 Alaska North Slope Borough $3,291,600.00 $3,291,600.00 Alaska Northwest Arctic Borough $2,268,000.00 $2,268,000.00 Alaska Petersburg Borough $1,006,800.00 $1,006,800.00 Alaska Skagway Municipality $153,937.59 $153,937.59 Alaska Yakutat City and Borough $211,200.00 $211,200.00 Arizona Apache County $2,768,994.92 $2,768,994.92 Arizona Cochise County $2,899,348.66 $2,899,348.66 Arizona Coconino County $6,000,000.00 $6,000,000.00 Arizona Gila County $6,000,000.00 $6,000,000.00 Arizona Graham County $3,516,331.15 $3,516,331.15 AGENDA ITEM #14.B.1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept...Page 23 of 52 1 GUIDANCE FOR THE LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND U.S. Department of the Treasury July 2022 INTRODUCTION The U.S. Department of the Treasury (Treasury) is issuing this guidance regarding the Local Assistance and Tribal Consistency Fund (LATCF), established by Section 605 of the Social Security Act, as added by Section 9901 of the American Rescue Plan Act of 2021 (American Rescue Plan). This guidance provides a summary of the structure and terms of the program, including information about eligible uses of funds, program administration, and other requirements under the LATCF program. This guidance may be updated, revised, or modified, and Treasury may waive these standards to the extent permitted by law. The American Rescue Plan appropriated $2 billion to Treasury across fiscal years 2022 and 2023 to provide payments to eligible revenue sharing counties and eligible Tribal governments for use on any governmental purpose except for a lobbying activity. Eligible recipients must submit a request for funding in the Treasury Submission Portal to receive their payments, and further instructions can be found on the Treasury website. There is no pre-approval process for projects funded by the program. Recipients must submit periodic reports to Treasury on their expenditures. The purpose of the LATCF program is to serve as a general revenue enhancement program. Many eligible revenue sharing counties and eligible Tribal governments have historically experienced fluctuations in their revenues, and this program is designed, in part, to supplement existing federal programs that augment and stabilize revenues for these communities. In providing support to these communities, allocations under this program consider the economic conditions of recipients. Under this program, recipients have broad discretion on uses of funds, similar to the ways in which they may use funds generated from their own local revenue sources. Specifically, recipients may use these funds on any governmental purpose other than a lobbying activity. Recipients may maintain or expand public services – such as health, educational, housing, and public safety services – to their communities with these funds. Recipients may also invest in infrastructure – from roads and bridges to water infrastructure – to facilitate economic development, improve health outcomes, or transition their communities to clean energy. Recipients may also invest in restoring and bolstering government capacity, such as increasing the size of their government workforce or investing in improvements in service delivery, like technology infrastructure and data analysis resources, that will improve delivery of services to their communities for years to come. AGENDA ITEM #14.B.1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept...Page 24 of 52 2 I. PROGRAMMATIC TERMS OF THE ASSISTANCE This section describes the programmatic terms of the program, including key information on eligible applicants, allocations, eligible and ineligible uses of funds, eligible and ineligible costs, and the availability of funds. Recipients are subject to the terms of the award agreement that they must enter into in order to receive funding. A. ELIGIBLE APPLICANTS The American Rescue Plan identifies eligible revenue sharing counties and eligible Tribal governments as the governments eligible to request payment of their allocation of the program and defines eligibility as follows: • An eligible revenue sharing county is a county, parish, or borough that is independent of any other unit of local government; and that, as determined by the Secretary of the Treasury, is the principal provider of government services for the area within its jurisdiction; and for which, as determined by the Secretary, there is a negative revenue impact due to implementation of a Federal program or changes to such program. In addition, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands are eligible revenue sharing counties. • An eligible Tribal government is the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of the American Rescue Plan pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 1531). B. ALLOCATIONS Section 605(b) provides for a total of $2 billion for Treasury to make payments to eligible revenue sharing counties and eligible Tribal governments over fiscal years 2022 and 2023. The provision directs the Secretary to reserve $750 million to allocate and pay to eligible revenue sharing counties for each of fiscal years 2022 and 2023, taking into account economic conditions of each eligible revenue sharing county, using measurements of poverty rates, household income, land values, and unemployment rates, as well as other economic indicators, over the 20-year period ending with September 30, 2021. Separately, the provision directs the Secretary to reserve $250 million to allocate and pay to eligible Tribal governments for each of fiscal years 2022 and 2023, taking into account economic conditions of each eligible Tribe. Eligible Tribal governments may log in to the Treasury Submission Portal to review their specific allocations under the program. Eligible revenue sharing counties may review their allocations on the Treasury website once the $1.5 billion Local Assistance Fund for eligible revenue sharing counties has been launched. AGENDA ITEM #14.B.1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept...Page 25 of 52 3 C. ELIGIBLE AND INELIGIBLE USES OF FUNDS a) Eligible Uses Section 605(c) provides flexible support for eligible revenue sharing counties and eligible Tribal governments to meet their jurisdictions’ needs. Specifically, the statute directs that recipients may use funds for any governmental purpose other than a lobbying activity. As a general matter, recipients may treat these funds in a similar manner to how they treat funds generated from their own local revenue. Programs, services, and capital expenditures that are traditionally undertaken by a government are considered to fulfill a “governmental purpose.” For Tribal governments, investing in activities undertaken by Tribal enterprises, such as operating or capital expenditures for businesses that are owned or controlled by a Tribal government, are considered a governmental purpose. However, the LATCF funds may not be used for lobbying activities. A non-exhaustive list of example activities that fulfill a governmental purpose include, but are not limited to: • Provision of health services, educational services, court services, police, fire, emergency medical, and other public safety services, utilities or sanitation services, and direct assistance to households (including cash assistance); • Capital expenditures on core facilities and equipment, including in housing and community development (e.g., schools, hospitals, childcare facilities, and parks and recreation facilities), public safety facilities and equipment (e.g., police vehicles), and government administration buildings; • Infrastructure investments, including roads, bridges, water and sewer systems, utility systems, airports, public transit, and technology infrastructure; • Long-term economic development activities, including affordable housing development, workforce development and other programs to strengthen local communities undergoing economic transitions; • General government operations, such as general government administration, personnel costs, administrative facilities, record keeping, tax assessments, or election administration; and • Meeting another federal program’s non-federal match or cost-sharing requirements, unless barred by statute or other applicable law (as detailed further in this guidance). Federal Davis-Bacon Act prevailing wage rate requirements do not apply to projects funded solely by the LATCF except for LATCF-funded construction projects undertaken by the District of Columbia.1 Further, generally, receipt of LATCF funding does not trigger the National 1 Neither the Davis-Bacon Act nor Davis-Bacon Act related provisions requirements apply to projects funded solely with award funds from the LATCF, except for LATCF-funded construction projects undertaken by the District of Columbia. The Davis-Bacon Act specifically applies to the District of Columbia when it uses federal funds to enter into contracts over $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Recipients may be subject to the requirements of the Davis-Bacon Act, when LATCF funds are used on a construction project in conjunction with funds from another federal program that requires enforcement of AGENDA ITEM #14.B.1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept...Page 26 of 52 4 Environmental Policy Act (NEPA),2 although recipients must ensure compliance with all applicable federal environmental laws. b) Ineligible Uses Recipients may not use federal funds to directly or indirectly pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation. Amounts that are used in violation of the lobbying restriction set forth in this guidance may be subject to recoupment. c) Compliance with financial management, procurement, and conflicts of interest standards Recipients must expend and account for the LATCF funds in accordance with the financial management, procurement, and conflicts of interest standards, laws, policies, and procedures applicable to their expenditure of and accounting for their own funds. Treasury will monitor violations of this requirement through reporting and other sources. Recipients should also review the Buy America domestic content procurement preference requirements, below. D. ELIGIBLE AND INELIGIBLE COSTS As a general matter, recipients may use funds to cover costs incurred on any eligible use, including costs incurred from March 15, 2021. Recipients may use funds to cover costs of administering the LATCF program, including costs of consultants to support effective management and oversight as well as compliance with legal, regulatory, and other requirements. E. TRANSFERS Recipients may transfer to and pool LATCF funds with other entities for projects, provided that recipients are able to track use of the funds in line with the reporting and compliance requirements of the LATCF. As an example, neighboring counties may pool funds in order to invest in a regional infrastructure project. Further, recipients may fund a project with both LATCF funds and other sources of funding, provided that the project is an eligible use under each source program and recipients are compliant with all other related statutory and regulatory requirements and policies. Transfers under this program do not give rise to subrecipient relationships given the purpose of the award. As a result, recipients do not need to comply with subrecipient monitoring or oversight requirements outlined in the Uniform Guidance at 2 C.F.R. § 200.331 through § 200.332. Further, no subrecipient reporting under 2 C.F.R. Part 170 will be required for this program, although the Davis-Bacon Act. Additionally, corollary state prevailing-wage-in-construction laws (commonly known as “baby Davis-Bacon Acts”) may apply to projects. 2 Projects supported with payments from LATCF may still be subject to NEPA review if they are also funded by or otherwise involve actions from other federal programs or agencies. AGENDA ITEM #14.B.1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept...Page 27 of 52 5 recipients meeting the applicable thresholds will still be required to report on executive compensation pursuant to 2 C.F.R. Part 170. F. NON-FEDERAL MATCH OR COST-SHARE REQUIREMENTS As a general principle, federal funds that constitute revenue sharing to state and local governments may generally be used to meet the non-federal match or cost-share requirements of another program.3 Given the LATCF’s purpose as a general revenue enhancement program and the broad eligible uses of LATCF funds, Treasury has determined that funds available under the LATCF program constitute revenue sharing. Therefore, funds under the program may be used to meet the non- federal cost-share or matching requirements of other federal programs. Pursuant to 2 C.F.R. § 200.306(b), if funds are legally available to meet the match or cost-share requirements of an agency’s federal program, such awarding agency is required to accept such funds for the purpose of that program’s match or cost-share requirements except in the circumstances enumerated in that section. If a recipient seeks to use LATCF funds to satisfy match or cost-share requirements for a federal grant program, it should first confirm with the relevant awarding agency that no waiver has been granted for that program, that no other circumstances enumerated under 2 C.F.R. § 200.306(b) would limit the use of LATCF funds to meet the match or cost-share requirement, and that there is no other statutory or regulatory impediment to using the LATCF funds for the match or cost-share requirement. Additional guidance specific to Medicaid and CHIP is forthcoming. Recipients using LATCF funds to meet non-federal match or cost-share requirements of another federal program must ensure that the costs are eligible costs under the other federal program and are compliant with the statutory, regulatory, and program requirements of the LATCF and the other federal program. G. AVAILABILITY OF FUNDS All funds are available to recipients until expended or returned to Treasury. 3 See U.S. Government Accountability Office, Principles of Federal Appropriations Law, Third Edition, Volume II, p. 10-99, GAO-06-382SP (February 2006), https://www.gao.gov/assets/gao-06-382sp.pdf AGENDA ITEM #14.B.1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept...Page 28 of 52 6 II. OPERATIONAL TERMS OF THE ASSISTANCE This section provides a summary of operational terms of the program, including payments, reporting, and compliance. Treasury expects to release reporting and compliance guidance for the LATCF program at a later date. A. PAYMENTS Recipients may request payment of their allocation through the Treasury Submission Portal by following the instructions on Treasury’s website. Eligible applicants will be required to complete payment information and sign an award agreement. Tribal governments will be required to complete a certification regarding economic conditions. B. REPORTING All recipients will be responsible for submitting an annual Project and Expenditure report to Treasury, which is expected to require data on obligations and expenditures by category of use and certification that funds have not been used to fund lobbying activities. Treasury will release detailed reporting guidance soon. Information provided through annual reporting will be used to facilitate Treasury’s compliance review for uses of funds that do not comply with program requirements, as well as to reduce the risk of waste, fraud, and abuse. Any eligible revenue sharing county that is determined to have failed to submit a report may be required to repay to Treasury an amount up to 5 percent of its total allocation, as authorized by Sections 605(d) and (e). C. OVERSIGHT Recipients will be subject to audit or review by the Treasury Inspector General and Government Accountability Office. Recipients are subject to the Single Audit Act and its implementing regulations at 2 C.F.R. Part 200 Subpart F. D. COMPLIANCE a) General Treasury may recoup funds from any recipient in cases of misuse of LATCF funds. Separately, in case of a failure to report, Section 605(c) provides specifically that Treasury may also recoup funds from an eligible revenue sharing county of an amount that the Secretary determines appropriate but that does not exceed 5 percent of the recipient’s total allocation. Any amounts that Treasury has determined to recoup would be subject to generally applicable federal debt collection laws and procedures, including the provisions set forth in Chapter 37 of title 31 of the United States Code and the Federal Claims Collection Standards at 31 C.F.R. Parts 900 through 904. Treasury expects to work with recipients to support the use of LATCF funds and the timely filing of annual reports to Treasury. Treasury may, for example, request additional information and work AGENDA ITEM #14.B.1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept...Page 29 of 52 7 with recipients to remedy the failure to timely file a report before initiating the recoupment process. Treasury may pursue additional remedies for noncompliance with applicable law or program requirements in conjunction with, or as an alternative to, recoupment, including imposing conditions on the receipt of additional LATCF funds by the recipient and/or terminating further payments from the LATCF. b) Recoupment Process Treasury will monitor recipients’ compliance with legislative and program requirements through evaluation of information submitted by recipients through annual reporting as well as other sources. If Treasury identifies an instance of potential non-compliance, Treasury expects to provide the recipient with a notice of the proposed non-compliance. Treasury expects the notice of proposed non-compliance to set forth a process consistent with the award terms and conditions and applicable law. Recipients that receive a final determination of non-compliance from Treasury will be required to repay any amounts in accordance with the process set forth in the final determination of non-compliance. Treasury retains the discretion to provide additional guidance on the process set forth above in accordance with and as permitted by Chapter 37 of title 31 of the United States Code and the Federal Claims Collection Standards at 31 C.F.R. Part 900. E. APPLICATION OF FEDERAL FINANCIAL ASSISTANCE REQUIREMENTS The LATCF is considered federal financial assistance and recipients are generally subject to laws and regulations applicable to federal financial assistance. a) Financial Assistance Award Management Requirements LATCF recipients are subject to the following provisions of 2 C.F.R. Part 200 (the Uniform Guidance): • 2 C.F.R. Subpart A (Acronyms); • 2 C.F.R. 200.100-110 (certain General Provisions); • 2 C.F.R. 200.203 (public notice of Federal financial assistance programs); • 2 C.F.R. 200.303 (internal controls); and • Single Audit Act and its implementing regulations at 2 C.F.R. Part 200 Subpart F. Per 2 C.F.R. § 200.101(b), the program is not subject to other Uniform Guidance provisions beyond those detailed above, such as the provisions regarding program income, interest advances, equipment and real property management, procurement requirements, or subrecipient monitoring and reporting requirements. Therefore, capital assets acquired using LATCF funds are not subject to the Uniform Guidance’s use and disposition instructions, and program income is income to the recipient government and not subject to program restrictions. No subrecipient reporting under 2 C.F.R. Part 170 (implementing the Federal Funding Accountability and Transparency Act of 2006) will be required for this program, although recipients meeting the applicable thresholds will still be required to report on executive AGENDA ITEM #14.B.1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept...Page 30 of 52 8 compensation pursuant to 2 C.F.R. Part 170. Treasury’s regulations at 31 C.F.R. Part 19 (implementing OMB’s Guidelines to Agencies on Governmentwide Debarment and Suspension at 2 C.F.R. Part 180) are applicable to the program. Recipients are required to comply with the System for Award Management (SAM) requirements in 2 C.F.R. Part 25.4 There are no matching, level of effort, or earmarking compliance responsibilities associated with the LATCF program. b) Buy America Domestic Content Procurement Preference The Build America, Buy America Act establishes domestic content procurement preference requirements for federal financial assistance programs for infrastructure.5 These requirements apply to the LATCF. As such, expenditures for iron, steel, manufactured products, and construction materials used in an infrastructure project funded using a LATCF award generally must be produced in the United States. These requirements do not apply to non-infrastructure projects or to infrastructure projects undertaken in response to the COVID-19 public health emergency. Recipients should review the details of these domestic content procurement requirements as provided in the terms and conditions of the LATCF award, which follow the guidance provided by the Office of Management and Budget (OMB).6 The definition of infrastructure as provided by the Build America, Buy America Act and OMB guidance is broad and includes the structures, facilities, and equipment for roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. An infrastructure project includes the construction, alteration, maintenance, or repair of infrastructure. Treasury plans to propose a waiver from the Build America, Buy America Act requirements for awards made under the LATCF program. Treasury will post the proposed waiver and its terms, including its duration, on the Treasury website, and will also provide an update after the public comment period has closed. Should a waiver be issued, infrastructure projects undertaken under awards issued after the waiver is effective will not be subject to Build America, Buy America Act requirements. An eligible Tribal government may request funding and receive an award before a waiver is issued and becomes effective. However, typically, only awards issued after the waiver is issued and becomes effective are excluded from the requirements of the Buy America, Build America Act. If 4 2 C.F.R. Part 25, Subpart C, is inapplicable to this program as transfers under this program do not give rise to subrecipient relationships. 5 See section 70914(a) of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (IIJA). The Buy America, Build America Act was included as sections 70901-27 of the IIJA. 6 OMB’s guidance is provided in OMB Memorandum M-22-11, “Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure” (April 18, 2022), available at https://www.whitehouse.gov/wp-content/uploads/2022/04/M-22-11.pdf. AGENDA ITEM #14.B.1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept...Page 31 of 52 9 a Tribal government receives an award prior to the date any waiver becomes effective, then the award may still be subject to the requirements of the Buy America, Build America Act. Treasury will provide more details on the waiver’s effective date on its website. The Buy America, Build America Act requirements do not apply to expenditures using LATCF funds for infrastructure projects undertaken in response to the COVID-19 public health emergency or in response to or anticipation of other major disasters or emergencies declared by the President under the Stafford Act.7 Treasury recognizes that the public health emergency is impacting recipients in different ways and that recipients are impacted by a broad range of other types of major disasters and emergencies declared under the Stafford Act. Accordingly, recipients should make their own determinations as to what infrastructure projects they need to undertake to respond to the COVID-19 public health emergency or other Stafford Act disaster or emergency. F. COMPLIANCE WITH OTHER APPLICABLE LAWS Recipients are responsible for complying with all other applicable laws in the course of using the funds from their award, including all applicable environmental laws and all laws applicable to federal financial assistance (unless stated otherwise in this guidance or the award agreement). Applicable laws include but are not limited to those listed in the award agreement. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 8, 1997) re: Increasing Seat Belt Use, Treasury encourages recipients to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. Recipients should also encourage their contractors to adopt and enforce such policies. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 1, 2009), re: Reducing Text Messaging While Driving, Treasury encourages recipients to encourage their employees and contractors to adopt and enforce policies that ban text messaging while driving, and recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 7 More specifically, as provided in OMB’s guidance, the requirements of the Buy America, Build America Act do not apply to expenditures made in anticipation of or in response to an event or events that qualify as an “emergency” or “major disaster” within the meaning of the Stafford Act, 42 U.S.C. § 5122(1), (2). See OMB Memorandum M-22-11 at 3-4. AGENDA ITEM #14.B.1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept...Page 32 of 52 10 III. CONTACT INFORMATION E-mail correspondence is preferred. Correspondence by mail may be subject to significant delays. LATCF@treasury.gov U.S. Department of the Treasury Attn: Local Assistance and Tribal Consistency Fund 1500 Pennsylvania Ave NW Washington, DC 20220 treasury.gov/LATCF AGENDA ITEM #14.B.1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept...Page 33 of 52 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 1, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Buildings And Construction, Chapter 40 Building And Lot Numbering, Section 15.40.080 Procedure For Addressing Newly Created Lots ORIGINATOR: Seema Garoutte, Assessor/Interim CDD Director RECOMMENDATION: Move to advance Ordinance No. FY2023 -12 to public hearing at the next regular meeting of the Assembly. DISCUSSION: KIBC Code 15.40.080 (D) currently calls for lots to be addressed at the time of the preliminary plat. KIBC 15.40.080- Procedure. A. Kodiak Island Borough GIS is responsible for assigning addresses and maintaining address information. B. Addresses will be implemented within 30 days upon receipt of an E911 address application, along with any other required or relevant information. C. E911 address application shall be made available on the borough website and/or in borough offices. D. Addresses for newly created lots will be assigned during the preliminary plat review process. Community Development would like to change this portion of procedure to state that the address would be assigned either after a driveway permit has been issued, a permit for construction has been issued or upon a request from the owner after a plat has been recorded, whichever comes first. Items to consider for this change: 1. If an abbreviated plat was approved or a preliminary plat was filed, and the subdivision was approved through the Planning and Zoning Commission, the owner of the property would have 2 years (24 months) to record a final plat, per KIBC 16.50.010- Final plat procedure. "A. The final plat shall comply with the requirements of this chapter and shall be submitted to the community development department director within 24 months of preliminary plat approval." 2. At the time of preliminary approval by the Planning and Zoning Commission, there can be a multitude of conditions that would need to be addressed before a final plat could be recorded, which could effect the addressing of lots. AGENDA ITEM #14.C.1. Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Building...Page 34 of 52 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 1, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough 3. More times than one would think, plats are left unrecorded after the 24 month period and have to be resubmitted. Typically this is due to changes that were found that needed to occur prior to recoding. This often effects addressing, causing lots to be addressed multiple times. Many times plats are not submitted for final review/recording. 4. Many owners take advantage of the abbreviated plat option KIB offers. This option has been used many times for the same lot, which caused for the same parcels to be readdressed multiple times in a short time period. All of the above instances cause erroneous address notifications to be sent to multiple agencies, including Police Public Safety Answering Point (PSAP), City of Kodiak Police Department, Alaska State Troopers, City of Kodiak, Women's Bay, and Bayside Fire departments and could effect E911 addressing, which could cause errors in emergency situations. Community Development believes this code change makes more sense for addressing properties, so that properties don't have to be addressed multiple times, correct information is given one time, and this gives clear direction to GIS for addressing (additionally the GIS position in CDD is vacant at this time.) ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.C.1. Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Building...Page 35 of 52 Ordinance No. FY2023-12 Page 1 of 2 Introduced by: Manager 1 Drafted by: Community Development Director 2 Introduced on: 12/01/2022 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2023-12 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 KODIAK ISLAND BOROUGH TITLE 15 BUILDINGS AND CONSTRUCTION, CHAPTER 40 11 BUILDING AND LOT NUMBERING, SECTION 15.40.080 PROCEDURE FOR ADDRESSING 12 NEWLY CREATED LOTS 13 14 WHEREAS, Kodiak Island Borough Code section 15.40.080 prescribes the procedure for 15 assigning addresses to lots; and 16 17 WHEREAS, the current Kodiak Island Borough procedure for assigning addresses calls for 18 assigning addresses at the preliminary plat stage, which may result in assignment of addresses 19 to lots which may be further subdivided or not developed for some time and may create confusion 20 if addresses change upon further subdivision or development; and 21 22 WHEREAS, this Ordinance will amend KIBC 15.40.080 to modify the procedure to have 23 addresses assigned upon the earlier of site development or construction on a lot or the request 24 of the owner. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that: 28 29 Section 1: this ordinance is of a general and permanent nature and shall become a part of the 30 Code of Ordinances of the Kodiak Island Borough. 31 32 Section 2: Kodiak Island Borough Code section 15.40.080, Procedure, is amended to read as 33 follows: 34 35 15.40.080 Procedure 36 37 A. Kodiak Island Borough GIS is responsible for assigning addresses and 38 maintaining address information. 39 B. Addresses will be implemented within 30 days upon receipt of an E911 40 address application, along with any other required or relevant information. 41 C. E911 address application shall be made available on the borough website 42 and/or in borough offices. 43 44 AGENDA ITEM #14.C.1. Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Building...Page 36 of 52 Ordinance No. FY2023-12 Page 2 of 2 D. Addresses for newly created lots will be assigned during the preliminary plat 45 review process at the earliest to occur of: issuance of a driveway permit; 46 issuance of a building permit, or other permit for construction on the lot; 47 initiation of construction of structures on the lot; or upon a request by 48 the owner. 49 E. Address notifications will be sent to relevant parties, including, but not limited 50 to: 51 1. Kodiak police public safety answering point (PSAP). 52 2. U.S.P.S. 53 3. Assessing department. 54 4. Community development department. 55 5. City of Kodiak. 56 6. Fire departments. 57 7. Communication companies. 58 8. Kodiak police department. 59 9. Emergency operations center (EOC). 60 10. Property owner 61 62 Effective Date: This ordinance takes effect at midnight upon adoption. 63 64 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 65 THIS _____ DAY OF_________________, 2022 66 67 KODIAK ISLAND BOROUGH 68 69 ATTEST: 70 ___________________________ 71 Aimee Williams, Mayor ______________________________ 72 Nova M. Javier, MMC, Borough Clerk 73 74 75 VOTES: 76 Ayes: 77 Noes: 78 AGENDA ITEM #14.C.1. Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Building...Page 37 of 52 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 1, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to confirm the mayoral appointments of assembly member representatives to different boards and committees as reflected in the attached list. DISCUSSION: The mayor appoints Assembly representatives to the different boards and commissions. Please see attached list from Mayor Williams listing her appointments and also the forms filled out by each Assembly member. 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 #14.D.1. Mayoral Appointments Of Assembly Member Representatives To Different Boa...Page 38 of 52 Amd-F61 l_*_ -LQDAX Board or Committee Assembly Rep11/2021-10/2022appointedbythemayorandcon?rmed by the assembly ucode.An appointment not con?rmed by the assembly shallArchitecturalReviewBoard,KIBC 2.125BoroughLandsCommittee.KIBC 2160Twoappointees‘Mayor serves on this committee as wellEmergencyServicesCouncil,KIBC 2.110MayorisassignedtoaseatJointBuildingCodeReviewCommittee,KIBC15.45Kodiak College CouncilKIBC2.100.030 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,QDelgadonlessothenivisespeci?cally provided elsewhere in thisnotbecomeeffective.Delgado Kodiak Fisheries Work Group (Adhoc) Two Appointees plus one alternate Kodiak Fisheries Advisory Committee,Res FY07- 38 Parks and Recreation Committee,KIIC 2.120 Providence Health System Service Area Ioard, KIBC 8.05 School District Budget Advisory Committee No alternate assigned Griffin &Delgado Smiley School District Facilities Review Committee Smiley School District Strategic Planning Committee Williams Solid Waste Advisory Board,KlBC 2.145 .(‘.. .‘.4.....r‘‘CookInlet Regional Citizens Advisory Council(Three Year Term:February 2020 to March2023)$7,)anl.‘.~-Jisérmst ..-um .z¢-xm«-SWAMC Board Seat —Kodiak Municipal Seat.(New appointee will start after SWAMC MarchAnnualConference)3.». Smiley Arndt is currentlysewinguntilMarch2023Williamsiscurrentlyservinguntil2024PrinceWilliamSoundRegionalCitizensAdvisoryCouncil(Two Year Term:May 2022 to May 2024:)%Vl?lliams iscurrentlyservinguntilMay2024 APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS &COMMISSIONSAssemblyRep11/2022-10/2023(Mayor to fill out)ArndtArndtVl?lliamsGriffin Turner Turner *Assembly Members should express their wish to be appointed to the following seats.The semblyAppointsAndCon?rm.FYI the following seats willnot expire until 2024.o The Cooperative Relations Committee will expire December 31,2022,per Resolution No.FY21-37.-AML Board District 2 Seat is currently held by the Council member Whiddon from the City of Kodiak \Ni\ \iM\ \sNi\\ \' ..:o<_><.:+.:\s\w\m<§,.:..7>\u$.+.§328Qsw ~33/>atomn:w<_><_c_+.\w.S\_£_:.7«/\uwuL..<x<sou 9,5255% ;._&_.$\mutzééa E..c33,as6:__.....9_Ir_..IAI..\_)\.\..5A153‘.\....\3)§r.évC AGENDA ITEM #14.D.1.Mayoral Appointments Of Assembly Member Representatives To Different Boa...Page 39 of 52 I‘,I Board 0.Committee {;7;;;;?1'g,§;;2KIBC2.100.030 Appointments.Members of boards,committees,and commissions,except for members of theboardofadjustment,members of the board of equalization,and elected service area board members,Eaointedythemaorandconfirmedbytheassemblyunlessotherwisespeci?cally provided elsewhere in thiscode.An -ointment not con?rmed b the assembl shall not be .”Architectural Review Board,KIBC 2.125 .I .Borough Lands Committee,KIBC 2.160Twoappointees*Mayor serves on this committee as well DelgadoEmergencyServicesCouncil,KIBC2110MaorisassinedtoaseatintBuCodviewCommittee,KIBC 15 45 D I dKodiakCollegeCouncilega O Kodiak Fisheries Work Group (Adhoc)Griffin &De ado Two Appointees plus one alternate No alternate assigned Kodiak Fisheries Advisory Committee Res FY07 38 Parks and Recreation Committee,KIBC 2.120 Providence Health System Service Area Board,KIBC 8.05 School District Iudget Advisory Committee School District Facilities Review Committee School District Strategic Planning Committee Solid Waste Adv ard,KlIC 2.145 ;»>:< It ioa itin AdvisryA 1(Three Year Term:February 2020 to March._.-..,7.“mv-u ....1/;.7»-.L\'4'rl:.v¥..:x:.3ksaa?r a -l E ?§3 K 3‘*;.’~".»'.'-:.y."I»‘§‘.23.:SWAMC Board eat —Kodiak Municipal Seat,(New appointee will start after SWAMC MarchAnnualConferencePrinceV\?IIiamSound Regional Citizens AdvisoryCouncilTwoYearTerm:Ma 2022 to Ma 2024 APPOINTMENT OF ASSEM Y REPRE TATIVES TO BOARDS &COMMISSIONSAssemblyMember:Mark to 5 choices 1 bein the ?rst choice.Due:Thursda November 3.Assembly Rep11/2022-10/2023MaortotilloutArnVt?lliamsGriffin Turner Smith Turner Smiley Smiley Smiley*Assemb|y Members should express their wish to be appointed to the following seats.The AssemblyAppointsAndCon?rm.Arndt is currentlysewinguntilMarch2023FYIthefollowinseatswillnotexireuntil2024.Williams is currentlysewinguntil2024WilliamsiscurrentlyservinuntilMa2024-The Cooperative Relations Committee will expire December 31,2022,per Resolution No.FY21-37.-AML Board District2 Seat is currently held by the Council me ber Whiddon from the City of Kodiak AGENDA ITEM #14.D.1.Mayoral Appointments Of Assembly Member Representatives To Different Boa...Page 40 of 52 AGENDA ITEM #14.D.1. Mayoral Appointments Of Assembly Member Representatives To Different Boa...Page 41 of 52 AGENDA ITEM #14.D.1. Mayoral Appointments Of Assembly Member Representatives To Different Boa...Page 42 of 52 AGENDA ITEM #14.D.1. Mayoral Appointments Of Assembly Member Representatives To Different Boa...Page 43 of 52 AGENDA ITEM #14.D.1. Mayoral Appointments Of Assembly Member Representatives To Different Boa...Page 44 of 52 AGENDA ITEM #14.D.1. Mayoral Appointments Of Assembly Member Representatives To Different Boa...Page 45 of 52 AGENDA ITEM #14.D.1. Mayoral Appointments Of Assembly Member Representatives To Different Boa...Page 46 of 52 KODIAK ISLAND BOROUGH STAFF REPORT DECEMBER 1, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Letter Of Support To The Kodiak Reentry Coalition/Program ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to approve the letter of support to the Kodiak Reentry Coalition/Program. DISCUSSION: On November 9, 2022, the Clerk's Office received an email from the Kodiak Reentry Coalition requesting a letter expressing support of the Kodiak Reentry Coalition/Program’s mission to improve the lives of members of the Kodiak community who are released from jail or prison. Based on observation that often, individuals who have been incarcerated return to their communities lacking sufficient resources and support to get back on their feet, obtain suitable housing, and secure meaningful employment. This letter, if approved, will be submitted to the Alaska Mental Health Trust Authority in January 2023. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.D.2. Letter Of Support To The Kodiak Reentry Coalition/Program Page 47 of 52 November 14, 2022 Jill Wallace, POII Kodiak Reentry Coalition/Program c/o Dept. of Corrections 211 Mission Road Room 106 Kodiak, AK 99615 RE: Kodiak Reentry Coalition/Program – Letter of Support Dear PO Wallace: On behalf of the Kodiak Island Borough Assembly, I am writing this letter in support of the Kodiak Reentry Coalition/Program’s mission to improve the lives of members of the Kodiak community who are released from jail or prison. It is our observation that often, individuals who have been incarcerated return to their communities lacking sufficient resources and support to get back on their feet, obtain suitable housing, and secure meaningful employment. The Borough applauds the Kodiak Reentry Coalition/Program’s on its mission to reduce the recidivism rate in our community. The Borough is committed to seeing you succeed in promoting a cooperative, supportive relationship among coalition members and the population you serve. The Borough Assembly supports the Kodiak Reentry Coalition/Program’s mission as stated: We are committed to creating and maintaining an inclusive, healing environment for individuals returning to the community from incarceration. We pledge to educate and advocate for reentrants from all walks of life in a concerted effort to inspire long-term change and success. The KIB looks forward to future collaborations in improving the lives of reentrants and their families; thereby, improving the community as a whole. Respectfully, KODIAK ISLAND BOROUGH Aimee Williams, Mayor Kodiak Island Borough OFFICE of the Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310, Fax (907) 486-9391 E-mail: aimee.williams@kodiakak.us AGENDA ITEM #14.D.2. Letter Of Support To The Kodiak Reentry Coalition/Program Page 48 of 52 Partner Organization Mailing Address Kodiak, AK 99615 DATE Kodiak Reentry Coalition/Program Jill Wallace, POII c/o Dept. of Corrections 211 Mission Road Room 106 Kodiak, AK 99615 RE: Support for the Kodiak Reentry Coalition/Program Dear [Partner Org.]: In March 2022, a group of Kodiak citizens and agency partners met to discuss the possibility of creating a reentry program for individuals who are returning to the community after serving a period of incarceration. Over the next six months, interest for this endeavor has grown and a commitment has been made by the steering committee to present a letter of interest to the Alaska Mental Health Trust Authority to request grant funding to launch a hybrid reentry coalition/program. Currently, there are reentry coalitions in Anchorage, Mat-Su, Fairbanks, Juneau, Kenai, Ketchikan, Bristol Bay, and Nome (www.akreentry.org). The purpose of these coalitions is to partner with community agencies to provide support to reentrants in an effort to reduce recidivism and achieve better outcomes for these individuals and their families. If your agency is willing to collaborate with the Kodiak Reentry Coalition/Program, we kindly ask that you demonstrate your support by signing and returning the enclosed letter. These letters will be included with the letter of interest that will be submitted to the Alaska Mental Health Trust Authority on October 10, 2022. You may use the template or create your own letter. An addressed envelope has been provided for your convenience or you may scan your letter to: jill.wallace@alaska.gov. Respectfully, The steering committee for the Kodiak Reentry Coalition/Program: Rhea Hayes Elaine Loomis-Olsen James Homme, POIV Ellamy Tiller Jill Wallace, POII Katherine Werbe Amy Butts Brianna Cooper Stacie Arnold Danielle Butts Rachel Putnam January 2023 Per Ms. Hayes AGENDA ITEM #14.D.2. Letter Of Support To The Kodiak Reentry Coalition/Program Page 49 of 52 AGENDA ITEM #18.A.1.Architectural Engineering Review Board MinutesPage 50 of 52 AGENDA ITEM #18.A.1.Architectural Engineering Review Board MinutesPage 51 of 52 AGENDA ITEM #18.A.1.Architectural Engineering Review Board MinutesPage 52 of 52 AGENDA ITEM #18.A.1.Architectural Engineering Review Board MinutesPage 53 of 52 KODIAK ISLAND BOROUGH Meeting Type: A O YY41 � V C, u I R r 4-41n Date: - LO Please PRINT your name legibly Please PRINT your name legibly 1 t 4- A � ��z 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 Williams FROM: David Conrad, Interim Borough Manager RE: Managers Report, December 1, 2022 HOLIDAY Landfill Hours — The Landfill will be closed December 261h and January 2nd to the public. Alaska Waste will be operating on their normal schedule through both upcoming holidays. Joint Use Agreement Meeting — The City of Kodiak, Kodiak Island Borough School District and Borough Staff met today to discuss the renewal of the Joint Use Agreement for the City and Borough facilities as they relate to the community demands for developmental and recreational opportunities on the road system. The largest discussion topic relates to the Pool Facility and the required repairs and maintenance to the facility to ensure a prolonged lifespan. There are currently potential structural and mechanical needs due to multiple factors. All the parties present agreed that there needs to be a thorough evaluation by an independent engineering or pool specific company to provide an evaluation and potentially assist in the preparation of a request for proposal to recondition and repair the pool structure. Borough staff has begun contacting firms through our contracted architectural contract as well as an independent engineering contract. Manager's Department — Staff has participated in a meeting with the staff of the Alaska Department of Transportation and Public Facilities (DOT&PF) regarding the Community Transportation Program (CTP) / Transportation Award Program (TAP). Staff will be preparing a preliminary Scope of Work for review by the DOT staff for possible inclusion in a formal grant application request. Staff has scheduled a meeting with the US Fish and Wildlife Service Habitat Restoration Program personnel the discuss stream rehabilitation funding opportunities for next year on December 5, 2022. The KIB staff have been notified and will prepare an application for the Alaska Department of Fish and Game Hunter Access Program. This program can fund projects that develop or enhance public access to public lands and wildlife resources for hunters, trappers, and other wildlife resources. The application is due by March 1, 2023. The Request for Proposal Package is currently advertised and bid registration is being accepted for the Long -Term Lease of the KIB property at 717 Rezanof (Old Mental Health Buildings). The Manager's staff will plan to travel to Larsen Bay to inspect and provide a repair list for items that were identified and not repaired prior to the signatures being finalized on the facility transfer to the Larsen Bay Tribal Council. Engineering and Facilities - The Architectural Review Board met and reviewed the 35% City of Kodiak Firehouse Plan set and specifications. Multiple suggestions and questions were prepared or generated by the members attending. The city plans to bid the contact within the next several weeks. The City Manager has requested that the ARB perform an additional review when the 65% drawing set has been prepared. This is anticipated in March 2023. The Auto Maintenance and Repair Contract bid opening was held on Wednesday, November 30"'. No bids were received in a timely manner. This contract will be advertised for the third time. KFRC Carpet Replacement - This project is to be started on December 9, 2022. The carpet and supplies have arrived and are in the facility. Staff will evaluate if a public closure is required for December 15 and 16 due to restricted access to facilities. KFRC Fume Hood Upgrade This project has started and is anticipated to be competed by the end of December. The project is required to ensure that the fume hoods provide the proper OSHA required cubic feet per minute flow. Landfill Rock Project — Brechan Construction continues to crush rock for use as cover material and road construction. This work effort will continue until the weather requires stoppage or all the blasted rock has been processed. Leachate Treatment Plant — Anticipate the delivery of the metal building addition next week to Kodiak. If required submittals are reviewed and approved, David Contractors will be on site the week of December 12 to begin the erection of the steel building addition. Bayside Classroom Addition — A meeting ahs been schedule for preliminary discussions with the fire board, architect, and ElF Staff on December 61n OSHA Voluntary Compliance Visit — Awaiting information regarding a planned site visit by OSHA Voluntary Compliance before Christmas. The focus will be the Baler Facility and the Leachate Treatment Facility List of Pending Items for Discussion Disposition of Closed School Facilities Allowable Scope for Current Staff 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 - City of Kodiak Borough Building Lease, Teen Court, Red Cross, Fairgrounds, KISA, Chiniak Library, Long Term Care Major Maintenance Funding for Facilities Disposition of Mental Health Buildings - RFP has been advertised. 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 Assembly Regular Meeting Guidelines Thursday, December 1, 2022, 6:30 p.m. Assembly Chambers 1. INVOCATION MAJOR DAVE DAVIS OF THE SALVATION ARMY. 2. PLEDGE OF ALLEGIANCE MAYOR WILLIAMS 3. STATEMENT OF LAND ACKNOWLEDGEMENT MAYOR WILLIAMS We are gathered on the traditional homeland of the SugpiaglAlutiiq people, and we 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 Assembly member Scott Arndt who is absent due to his attendance to the Cook Inlet Regional Citizens Advisory Council board of directors meeting. ROLL CALL VOTE ON MOTION 5. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed marked with an asterisk (*) are considered to be routine and non -controversial items by the Assembly and will be approved by one motion. Recommended motion: Move to approve the agenda and consent agenda. Recommended motion: Move to amend the agenda by adding Resolution No. FY2023-19 under Resolutions as item number two on the agenda. Page 1 of 6 ROLL CALL VOTE ON MOTION VOICE VOTE ON MOTION 6. *APPROVAL OF MINUTES A. Regular Meeting Minutes of November 17, 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 — None. 11. BOROUGH MANAGER'S REPORT 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS A. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvement Projects Priority List For The 2023 Legislative Session Clerk's Note: The motion to adopt Resolution No. FY2023-11 is already on the table. Clerk's note: A Version 2 of this Resolution has been provided to the Assembly and copies were made available to the public. Staff report — Meagan Christiansen, Grant Writer/Special Projects Page 2 of 6 Support Assembly discussion. Recommended motion: Move to amend Resolution No. FY2023-11 by substitution with Version 2. ROLL CALL VOTE ON MOTION TO AMEND. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED. 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS — None. 14.B. RESOLUTIONS 1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept The Local Assistance And Tribal Consistency Fund (LATCF) Grant, A Part Of The American Rescue Plan Act (ARPA), For The Benefit Of The Residents Of The Kodiak Island Borough And To Deposit The Funds In The General Fund For Future Appropriation Recommended motion: Move to adopt Resolution No. FY2023-17. Staff report — Dora Cross, Finance Director Assembly discussion. ROLL CALL VOTE ON THE MOTION. (if this item was added unanimously on the agenda) 2. Resolution No. FY2023-19 A Resolution Of The Assembly Of The Kodiak Island Borough Supporting Alaska Joining The Nurse Licensure Compact (NLC) Urging The Alaska Legislature To Pass Legislation In The 2023-24 Legislative Session Permitting Alaska To Enact The NLC Recommended motion: Move to adopt Resolution No. FY2023-19. Page 3 of 6 Staff report — Dave Conrad, Interim Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION. 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Buildings And Construction, Chapter 40 Building And Lot Numbering, Section 15.40.080 Procedure For Addressing Newly Created Lots Recommended motion: Move to advance Ordinance No. FY2023-12 to public hearing at the next regular meeting of the Assembly on January 5, 2023. Staff report — Dave Conrad, Interim Borough Manager Assembly discussion. ROLL CALL VOTE ON MOTION 14.D. OTHER ITEMS 1. Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees Recommended motion: Move to confirm the mayoral appointments of assembly member representatives to different boards and committees as follows: Architectural Review Board Assembly Member Scott Arndt Assembly Member Scott Arndt Borough Lands Committee Assembly Member Jared Griffin Emergency Services Mayor Aimee Williams Council Joint Building Code Assembly Member Geoffrey Review Committee Smith Kodiak College Council Assembly Member Larry Ledoux Assembly Member James Kodiak Fisheries Work Turner/ Jared Griffin Group Assembly Member Joseph Def ado Kodiak Fisheries Advisory Assembly Member James Committee Turner Page 4 of 6 Parks And Recreation Assembly Member Larry Committee Ledoux Providence Health System Assembly Member Geoffrey Service Area Smith School District Budget Assembly Member Scott Smiley Adviso Committee School District Facilities Assembly Member Scott Arndt Review Committee School District Strategic Assembly Member Joseph Planninq Committee Del ado Solid Waste Advisory Assembly Member Scott Smiley Board CIRCAC Board Seat Assembly Member Scott Arndt SWAMC Board Seat Mayor Aimee Williams PWSRCA Council Seat I Mayor Aimee Williams Staff report — Nova Javier, Borough Clerk Assembly discussion. ROLL CALL VOTE ON MOTION 2. Letter Of Support To The Kodiak Reentry Coal itionlProgram Recommended motion: Move to approve the letter of support to the Kodiak Reentry CoalitionlProgram. Staff report — Nova Javier, Borough Clerk Assembly discussion. ROLL CALL VOTE ON MOTION 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 Page 5of6 16. ASSEMBLY MEMBERS' COMMENTS MAYOR WILLIAMS: The Mayor and Assembly Members will be in attendance to the Alaska Municipal League Conference in Anchorage next week. The next Assembly Work Session is scheduled for Thursday, December 29, 2022, at 6:30 p.m. in Borough Assembly Chambers. The next regular meeting is scheduled for Thursday, January 5, 2023, at 6:30 p.m. in the Borough Assembly Chambers. The Borough offices will be closed Monday, December 26 in observance of the Christmas Holiday and Monday, January 2 in observance of the New Year's Holiday. Merry Christmas and Happy New Year everyone! 17. 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 maiority 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 6 of 6 Kodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, December 1, 2022, 6:30 p.m. This meeting is open to the public and will be broadcast on KMXT 900.9 FM and on the Borough's You Tube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the SugpiagiAlutiiq people and we 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 marked with an asterisk (') are considered to be routine and non -controversial items by the Assembly and will be approved by one motion. 6. *APPROVAL OF MINUTES A. November 17, 2022, Regular Meeting Minutes 7. CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202 This section is for general comments and for agenda items NOT scheduled for public hearing. 8. AWARDS AND PRESENTATIONS 9. COMMITTEE REPORTS 10. PUBLIC HEARING 11. BOROUGH MANAGER'S REPORT 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS A. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvement Projects Priority List For The 2023 Legislative Session 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 14.B. RESOLUTIONS Resolution No. FY2023-17 Authorizing The Manager To Accept The Local Assistance And Tribal Consistency Fund (LATCF) Grant, A Part Of The American Rescue Plan Act (ARPA), For The Benefit Of The Residents Of The Kodiak Island Borough 14.C. ORDINANCES FOR INTRODUCTION Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Buildings And Construction, Chapter 40 Building And Lot Numbering, Section 15.40.080 Procedure For Addressing Newly Created Lots Agenda Item Report - Pdf 14.D. OTHER ITEMS 1. Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees 2. Letter Of Support To The Kodiak Reentry Coalition/Program 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 18.13. REPORTS This meeting is open to the public and will be broadcast on KMXT 100. I FM and 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) 488-3231 or (855) 492-9202. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2023-19 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH SUPPORTING ALASKA JOINING THE NURSE LICENSURE COMPACT (NLC) URGING THE ALASKA LEGISLATURE TO PASS LEGISLATION IN THE 2023-24 LEGISLATIVE SESSION PERMITTING ALASKA TO ENACT THE NLC WHEREAS, Alaska faces a debilitating healthcare workforce shortage that threatens our healthcare system, economy, and access to care; and WHEREAS, Alaska will have the highest nurse vacancies in the United States by 2030 with over 5,000 openings and a 22% shortfall; and WHEREAS, Alaska already cannot keep up with demand, which requires filling 6,300 job openings each year, including over 1,400 nurse openings; and WHEREAS, the average age of a nurse and nurse practitioner in the U.S. is 57 and Alaska is not graduating enough nursing students to fill this growing need now or in the future; and WHEREAS, Alaska's slow licensing process is a deterrent for nurses wanting to practice here with recruits regularly turning down jobs over waiting months for a license; and WHEREAS, there is an immediate, commonsense solution that the State of Alaska can take to address these workforce challenges: join the multistate nurse licensure compact (NLC); and WHEREAS, the NLC is used by 39 states and jurisdictions across the country, allowing qualified nurses to practice across state lines with a single license; and WHEREAS, joining the NLC means aligning with a vast majority of the country in following uniform practice standards that will modernize Alaska's licensing of nurses, taking the process from months to a matter of days; and WHEREAS, safe and efficient licensing will directly benefit the health of Alaska's rural and underserved communities, and support Alaska's military community by allowing military spouse nurses to work seamlessly upon arrival to Alaska; and WHEREAS, joining a multistate compact is not an affront to Alaska's sovereignty as Alaska has been a member of at least 32 multistate compacts across several industries, and Alaska's Board of Nursing will maintain full control of licensure, discipline, scope of practice, and authority to suspend unqualified nurses in Alaska; and Resolution No. FY2023-19 Page 1 of 2 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular +� Special Date: b P-0 -2� Convened: Recessed: Reconvened: Adjourned: BY: SECOND: BY: 1�J SECOND: BY: C/ BY: 57 SECOND: ✓ SECOND:3�1 O�A N BY: SECOND: V YES NO AYES- NO YES NO YES NO YES NO Mr. Arndt dt Mr. Delgado Mr. ga elg Mr. Delga Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin. Mr. Griffin Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Ledou5A—f-i/-- Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley V Mr. Smiley Mr. Smith Mr. Smith Mr. Smith Mr. Smith Mr. Smith Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner WOULD TOTAL: ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR TOTAL_TOTAL: TOTAL: VOTE?' TOTAL: The mayor may n vote except in the case where only six members of the assembly are present and there is a threelthree tie vote of the assembly. Mayor Williams I VMayor Williams G Mayor Williams Mayor Williams Mayor Williams L- • Motions required for 213 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: Convened: Recessed: Reconvened: Adjourned: BY: (-, SECOND: BY� SECOND BY: SECOND: BY: SECOND: /�„ BY: 07 SECOND: 7 YES NO YES NO YES NO- YES NO YES NO r. dt r De o r. A t elg U7Mr. r. rnd gad . Arnd Mr. De ado T,M;/Ar dt r. Del o Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin V Mr. Griffin Mr. Ledoux Mr. Ledoux V Mr. Ledoux Mr. Ledoux Mr. LedouxI j Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley VAJ Mr. Smith ✓' Mr. Smith ✓ Mr. Smith Mr. Smith Mr. Smith Mr. Turner V Mr. Turner Mr. Turner Mr. Turner V Mr. Turner VYOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE?' TOTAL:TOTAL:T p 1 TOTAL:1!) 1V 1 TOTAL:15] L21 TOTAL:1 The mayor may not vote except in the case wh re only six members of the assembly are present and there is a threelthree tie vote of the assembly. Mayor Williams Mayor Williams Mayor Williams L I �Mayor Williams Mayor WilliamsI I • Motions required for 213 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 Recessed: Reconvened: Date: ✓ Adjourned: BY: 61-7 SECOND:y BY: C� J SECOND: , \ BY: Cl� SECONP��(5( BY: SECOND: V � lv BY: SECOND: YES NO YES NO YES NO YES NO YES 11 NO r. rndt r. Amt Mr. Arndt Mr. Arndt rndt r D I ado r. Iga r. eiga o Mr. elga Mr. De ado Mr. Griffin Mr. Griffin Mr. Griffin r. Griffin Mr. Griffin Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Smiley ✓ Mr. Smiley V_ Mr. Smiley V Mr. Smiley Mr. Smiley Mr. Smith Mr. Smith Mr. Smith Mr. Smith Mr. Smith Mr. Turner V Mr. Turner Mr. Turner Mr. Turner Mr. Turner W OULD ANYONE LIKE TO CHANGE 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 three/three tie vote of the assembly. Mayor Williams Mayor Williams Mayor Williams Mayor Williams Mayor Williams • Motions required for 213 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. 18 December 02, 2022 At Its Regular Meeting Of December 01, 2022, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On January 5, 2023, At 6:30 p.m. In The Borough Assembly Chambers. AMENDED, ADOPTED Resolution No. FY2023-15 Adopting A State Legislative Capital Improvement Projects Priority List For The 2023 Legislative Session ADOPTED Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept The Local Assistance And Tribal Consistency Fund (LATCF) Grant, A Part Of The American Rescue Plan Act (ARPA), For The Benefit Of The Residents Of The Kodiak Island Borough And To Deposit The Funds In The General Fund For Future Appropriation ADOPTED Resolution No. FY2023-19A Resolution Of The Assembly Of The Kodiak Island Borough Supporting Alaska Joining The Nurse Licensure Compact (NLC) Urging The Alaska Legislature To Pass Legislation In The 2023-24 Legislative Session Permitting Alaska To Enact The NLC ADVANCED Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Buildings And Construction, Chapter 40 Building And Lot Numbering, Section 15.40.080 Procedure For Addressing Newly Created Lots To The Next Regular Meeting Of The Assembly On January 5, 2023 CONFIRMED The Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees As Follows: Architectural Review Board Assembly Member Scott Arndt Borough Lands Committee Assembly Member Scott Arndt Assembly Member Jared Griffin Emergency Services Council Mayor Aimee Williams Joint Building Code Review Committee Assembly Member Geoffrey Smith Kodiak College Council Assembly Member Larry Ledoux Kodiak Fisheries Work Group Assembly Member James Turner/ Jared Griffin Assembly Member Joseph Delgado Kodiak Fisheries Advisory Committee Assembly Member James Turner Parks And Recreation Committee Assembly Member Larry Ledoux Providence Health System Service Area Assembly Member Geoffrey Smith School District Budget Advisory Committee Assembly Member Scott Smiley School District Facilities Review Committee Assembly Member Scott Arndt School District Strategic Planning Committee Assembly Member Joseph Delgado Solid Waste Advisory Board Assembly Member Scott Smiley CIRCAC Board Seat Assembly Member Scott Arndt SWAMC Board Seat Mayor Aimee Williams PWSRCA Council Seat Mayor Aimee Williams APPROVED A Letter Of Support To The Kodiak Reentry Coalition/Program