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2023-03-30 Work SessionKodiak Island Borough Assembly Work Session Assembly Chambers Thursday, March 30, 2023, 6:30 p.m. Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda. Page 1. CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202 (Limited To Three Minutes Per Speaker) 2. AGENDA ITEMS a. Discuss The Process/Overview For Filling The Mayoral Seat 3 - 7 Agenda Item Report - Pdf 3. CLERK'S COMMENTS 4. MANAGER'S COMMENTS 5. PACKET REVIEW a. AWARDS AND PRESENTATIONS • Presentation Of The Certified Municipal Clerk Designation To Borough Deputy Clerk Lina Cruz PUBLIC HEARING • Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, Chapter 180 Signs, Section 17.180.010 Signs, Description And Intent To Require Zoning Compliance Permits For Certain Signs • Ordinance No. FY2023-15 Amending Title 7 Elections, Chapter 7.40 Canvassing And Certification Of Election Returns, Section 7.40.010 Canvass Of Returns ORDINANCES FOR INTRODUCTION • Ordinance No. FY2023-16 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title 4 Service Areas, Chapter 4.130 Mission Lake Tidegate Service Area, Section 4.130.020 Board To Increase The Membership Of The Board Page 1 of 7 • Ordinance No. FY2023-17 Amending The Kodiak Island Borough Personnel Rules and Regulations, 2022 Edition, To Reflect Changes In The Moving Expenses For New Employee Section OTHER ITEMS • Acceptance Of Ms. Aimee Williams Resignation As Mayor Of The Kodiak Island Borough • Approval Of A Letter Of Support To The Native Village Of Port Lions' Denali Commission Grant Application To Implement A Design For Resurfacing Of The Roads in Port Lions • Confirmation Of The Mayoral Appointment To The Cook Inlet Regional Citizens Advisory Council (CIRCAC) Board Of Directors Borough Seat (Mr. Scott Arndt) • Approval And Authorization Of An Emergency Expense Related To The Replacement Chiller Compressor -B At the Providence Kodiak Island Medical Center Facility 6. ASSEMBLY MEMBERS' COMMENTS 7. MAYOR'S COMMENTS This meeting is open to the public and will be broadcast on the Borough's YouTube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. For public comments, please call (907) 486-3231 or (855) 492-9202. Page 2 of 7 AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 30, 2023 ASSEMBLY WORK SESSION SUBJECT: Discuss The Process/Overview For Filling The Mayoral Seat ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: The deadline for the Assembly to express interest is Thursday, April 13 and the Assembly could then make the appointment on Thursday, April 20. DISCUSSION: On February 27, 2023, the Assembly unanimously appointed Ms. Aimee Williams as Borough Manager. As she cannot serve simultaneously as Mayor and Manager, Ms. Williams tendered her resignation as Mayor effective April 30, 2023, and she will assume her position as Borough Manager on May 1, 2023. This resignation will create a vacancy in the Office of the Mayor and since the vacancy is occurring within six months of a regular election, the vacant seat will be filled by the Assembly instead of holding a special election. The person selected shall serve until October 2023 and a two-year mayoral term will be placed on the October 3, 2023, ballot. The Borough code is a lot more detailed when it comes to filling an Assembly seat; however, for filling the mayoral seat, it only contemplates a majority vote of the Assembly. The fact that KIBC 2.30.040(A) talks about "from among its members" could be used to argue that it must be an assembly member, but the reference to "applicants" in KIBC 2.20.100 makes it sound more open. If the Assembly wants to simply vote to choose from among its members, then the Assembly can do so by majority vote. If the Assembly appoints one of its members, then no process is required beyond a motion and vote. AS 29.20.280 does not provide any greater clarity. If the Assembly contemplates going outside of the existing Assembly for an appointment, the Borough attorney recommends that you hold an open call for applicants rather than simply appointing someone by motion without soliciting expressions of interest by an application process. Clerk's note: The Assembly may consider using the attached calendar mirroring the process for filling an Assembly seat. This provide guidance only and the schedule may be revised as you see fit. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 2.20.090 Vacancy in the office of mayor. The assembly shall, by two-thirds concurring vote, declare the office of mayor vacant only when the person elected: A. Fails to qualify or take office within 30 days after election or appointment; B. Unless excused by the assembly, is physically absent for 90 consecutive days; C. Resigns and the resignation is accepted; Kodiak Island Borough Page 3 of 7 Discuss The Process/Overview For Filling The Mayoral Seat AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 30, 2023 ASSEMBLY WORK SESSION D. Is physically or mentally unable to perform the duties of office; E. Is convicted of an offense involving a violation of the oath of office; F. Is convicted of a felony or misdemeanor described in Alaska Statutes; G. Is convicted of a violation of Alaska State Election Campaign laws; or H. No longer physically resides in the borough. KIBC 2.20.100 Filling a vacancy. A vacancy in the office of the mayor occurring within six months of a regular election shall be filled by the assembly. The person designated shall serve until the next regular election and until a successor is elected and has qualified. If an assembly member is chosen, he shall resign his assembly seat. If a vacancy occurs more than six months before a regular election, the assembly shall call a special election to fill the unexpired term. A. In appointing a person from among the applicants, the assembly shall utilize the voting procedures specified in KIBC 2.30.040(A). KIBC 7.20.020 (C) No elected official of the borough, except members of service area boards, may hold any other compensated borough office or borough employment, or elected position in the state or federal government, while in office. KIBC 2.30.040 Organization and deputy presiding officer. A. Organization. The assembly shall annually, at the November meeting, elect from its members a deputy presiding officer to serve at the assembly's pleasure. 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, the candidate or candidates 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. Kodiak Island Borough Page 4 of 7 Discuss The Process/Overview For Filling The Mayoral Seat Kodiak Island Borough OFFICE of the CLERK Filling the Mayoral Seat Vacancy Calendar AGENDA ITEM #2.a. Accept resignation with an effective date of April 30 at April 6 12:01 a.m. A vacancy in the office of the mayor occurring within There is 5 months left before the six months of a regular election shall be filled by the October 3 election Assembly. Assembly Members deadline to express interest in April 13 filling the Mayor's seat. Advertise in the paper if there are no interested April 21 and April 28 applicants from existing Assembly Members. The clerk shall publish reasonable public notice of the vacancy. Application Acceptance Period April 22 to May 5 during regular For 14 days after the first publication thereof, receive office hours applications from persons interested in being appointed to the vacant seat. Clerk to distribute interview packets May 8 The Assembly shall review the applications (Assembly members to pick up applications at the Clerk's office Interview applicants May 11 During the Work Session The Assembly may interview applicants Interview and rate sheets to be turned in to Clerk for May 12 tally Review and decide on applicant May 18 Regular Meeting (May convene into executive session Appointment and Oath Taking May 18 Not later than 30 days after the seat is declared May 18 vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. *Blue text — code requirement for filling Assembly seat Page 1 of 2 Page 5 of 7 Discuss The Process/Overview For Filling The Mayoral Seat AGENDA ITEM #2.a. KIBC 2.20.090 Vacancy in the office of mayor. The assembly shall, by two-thirds concurring vote, declare the office of mayor vacant only when the person elected: A. Fails to qualify or take office within 30 days after election or appointment; B. Unless excused by the assembly, is physically absent for 90 consecutive days; C. Resigns and the resignation is accepted; D. Is physically or mentally unable to perform the duties of office; E. Is convicted of an offense involving a violation of the oath of office; F. Is convicted of a felony or misdemeanor described in Alaska Statutes; G. Is convicted of a violation of Alaska State Election Campaign laws; or H. No longer physically resides in the borough. KIBC 2.20.100 Filling a vacancy. A vacancy in the office of the mayor occurring within six months of a regular election shall be filled by the assembly. The person designated shall serve until the next regular election and until a successor is elected and has qualified. If an assembly member is chosen, he shall resign his assembly seat. If a vacancy occurs more than six months before a regular election, the assembly shall call a special election to fill the unexpired term. A. In appointing a person from among the applicants, the assembly shall utilize the voting procedures specified in KIBC 2.30.040(A). 2.30.040 Organization and deputy presiding officer. A. Organization. The assembly shall annually, at the November meeting, elect from its members a deputy presiding officer to serve at the assembly's pleasure. 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, the candidate or candidates 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. Page 2 of 2 Page 6 of 7 Discuss The Process/Overview For Filling The Mayoral Seat AGENDA ITEM #2.a. March 18, 2023 KODIAK ISLAND BOROUGH CLERKS OFFICE 710 MILL BAY ROAD I KODIAK, AK 1 99615 Please accept this letter as my formal resignation from my role as Kodiak Island Borough Mayor, effective April 30, 2023. appreciate the opportunities for growth and the trust the communities of the Kodiak Region placed in me. look forward to continuing to serve in my new role alongside the Kodiak Island Borough staff. SINCERELY, LA'V�\NIA�'W� AIMEE WILLIAMS 12621 Noch Dr I Kodiak, AK 1 99615 Page 7 of 7 Discuss The Process/Overview For Filling The Mayoral Seat 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, March 30, 2023 Manager's Department Joint Work Session KIBSD/KIB — Meeting was conducted with direct conversation specific to the KIBSD request for funding for the next fiscal year. Assembly has requested that the actual formal request submission be delayed in an attempt to potentially have a better grasp as to the actions of the legislature and governor's office associated with the state budget process. Discussions regarding the need for repairs and maintenance of school facilities was conducted. Union Contract Negotiations — Negotiations to continue April 3, 2023. Progress continues to be made on multiple topics. A special meeting has been requested for this evening to discuss the potential fiscal package associated with the negotiation. No further discussions or questions regarding the confidential negotiations will be conducted. Compensation Study — Gallagher Human Resource and Compensation Consulting is progressing. A second round of requests for municipalities has been sent out to stimulate more participation. Grant Opportunities — Staff continues to monitor and review grant opportunities as they present themselves for consideration. Assessing Department — Property Valuation — The protest period was completed today. Four applications for appeal to the Board of Equalization have been requested. Additional negotiation may continue if the protest applicants are interested in pursuit of a settlement prior to the BOE appeal. Community Development — Staff participated in the State of Alaska Department of Homeland Security and Emergency Management Tsunami Workshop. Several Kodiak villages attended along with several groups form other municipalities from off island. Staff continues to process zoning and other permits as submitted. Staff continues to process enforcement and look for potential changes to the code as needed. Engineering and Facilities — ADEC Permits — Application and revision of plans associated with the solid waste permit is ongoing. The process is continuing with consultation being requested as the alterations to the various plan components are being finalized prior to submission. KIBSD — Peterson Elementary School Roof Project has been advertised and the bid period is open. A pre-bid meeting is scheduled for April 6, 2023, and the bid submission is scheduled for April 18, 2023. PKIMC Chiller—This is an emergency repair and I have authorized this expenditure with an estimated cost of $47,402.40. This item is before the assembly tonight for approval. PKIMC Elevator — The project is to be placed on the May 8, 2023, Health Care Facility Advisory Board. Anticipate forwarding this to the assembly for consideration and funding to follow. Health Facilities Advisory Board —Next meeting is scheduled for Monday, May 8,2023 at 3:00pm. PKIMC Boiler Day Tanks — Job has been completed. Anticipate final billing soon. OSHA Voluntary Compliance Visit — OSHA requirements are being completed. Anticipate hiring an outside firm to assist in updating the required OSHA plans for the KIB. Light PU Truck — Contracts are being finalized and delivery of vehicles arranged. Shipping of the trucks will not require staff travel. Full Size Truck - Full Size 1 Ton Pick-up Truck RFP is being prepared. Leachate Treatment Plant — Steel building package information for the issuance of the required building permit has been received and provided to the Building Department for review and approval. Construction is anticipated to resume in mid -Aril. Bayside Classroom Addition — Architect is working on the revised plan request for the design of the addition to house restrooms, coffee mess and storage. The board has requested that the design is taken to the 35% stage and a professional estimate be conducted at that time. Finance Department/ IT - PC Tech I — Anticipate new employee to be on site April 17tH Travel Policy — Staff has prepared a draft travel policy for review and approval. This set of written rules will be applied to regulate and define travel associated with work training and travel. Anticipate inclusion on the April 20th regular meeting agenda. FY2024 Budget Preparation — Service Area Boards have been received today. The March 25th meeting has provided direction to the staff regarding draft budget versions based on the majority of the assembly members. Level 1 budgets will be completed, and April 1St submission of the Mangers Budget will be completed. PATS Software — Property Assessment and Taxation Software - Internal discussions are continuing. Conversations regarding the contract are being conducted with the borough attorney. Anticipate the request to be placed on the agenda soon. List of Pending Items for Discussion • City of Kodiak - E911 System and compensation o City Lease for 710 Mill Bay Road facility o Borough Building Remodel or Upgrades o Joint support and participation in the development of the CIP List (Federal emphasis) Hospital System Repair and Replacement Disposition of Closed School Facilities — Allowable Scope for Current Staff Continued update of the Personnel Manual ARPA Funding Reporting is continuing. 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 — Bid received Solid Waste Collection Contract Modifications Service Area Contracts Annual Contracts Additional Methods to Reward Employees in Personnel Manual Vehicle Replacement Funding opportunities for road repairs and improvements. KODIAK ISLAND BOROUGH Meeting Type: Date: Please PRINT your name legibly Please PRINT your name legibly