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2023-04-06 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, April 6, 2023, 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 You Tube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. 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. Regular Meeting Of March 16, 2023 Meetina 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 A. Presentation Of The Certified Municipal Clerk Designation To Borough Deputy Clerk Lina Cruz Agenda Item Report - Pdf 9. COMMITTEE REPORTS 10. PUBLIC HEARING Page 0 of 67 Page 4-12 13-14 A. Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 15-26 17 Zoning, Chapter 180 Signs, Section 17.180.010 Signs, Description And Intent To Require Zoning Compliance Permits For Certain Signs Agenda Item Report - Pdf B. Ordinance No. FY2023-15 Amending Title 7 Elections, Chapter 27-29 7.40 Canvassing And Certification Of Election Returns, Section 7.40.010 Canvass Of Returns Agenda Item Report - Pdf 11. BOROUGH MANAGER'S REPORT 12. MESSAGES FROM THE BOROUGH MAYOR IiEc�K�7►�y1�]�:L`��[�7►[�]Y�L'1��►1�7_1:a�1�l�l�l6ya��l:��yl�l�� IL�to] 6y19]21:L1VAI[M 01Eel &471121►197_1:a►12►JI:1NLy1011MO. I 14.A. CONTRACTS 14.13. RESOLUTIONS iE9 001 �9]IV_VEel X9I 210119:1*]Bill" 9Eel ►1 1. Ordinance No. FY2023-16 An Ordinance Of The Assembly 30-37 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 Aaenda Item Report - Pdf 2. Ordinance No. FY2023-17 Amending The Kodiak Island 38-42 Borough Personnel Rules And Regulations, 2022 Edition, To Reflect Changes In The Moving Expenses For New Employee Section Aaenda Item Reaort - Pdf 14.D. OTHER ITEMS 1. Acceptance Of Ms. Aimee Williams Resignation As Mayor 43-45 Of The Kodiak Island Borough Agenda Item Report - Pdf 2. Confirmation Of The Mayoral Appointment To The Cook 46 Inlet Regional Citizens Advisory Council (CIRCAC) Board Of Directors Borough Seat (Mr. Scott Arndt) Agenda Item Report - Pdf Page 1 of 67 3. Approval Of A Letter Of Support To The Native Village Of 47-49 Port Lions' Denali Commission Grant Application To Implement A Design For Resurfacing Of The Roads in Port Lions enda Item Report - Pdf 4. Approval And Authorization Of An Emergency Expense 50-55 Related To The Replacement Chiller Compressor -B At the Providence Kodiak Island Medical Center Facility Aaenda Item Report - Pdf 5. Assembly Discussion Pertaining To Filling The Mayoral 56-59 Seat Vacancy 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 1i 1►170]VOTA /_1II[M 01/_10►TA/_11921V/_116-1 18.A. MINUTES OF OTHER MEETINGS 1. Womens Bay Service Area Board Minutes of January 3, 60-64 2023, February 7, 2023, and February 21, 2023. WBSAB Minutes 2. Planning and Zoning Commission Special Meeting 65-67 Minutes Planning and Zoning Commission Special Meeting Minutes 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 67 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting March 16, 2023 A regular meeting of the Kodiak Island Borough Assembly was held on March 16, 2023, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Interim Borough Manager David Conrad, Borough Clerk Nova M. Javier, and Deputy Clerk Lina Cruz. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Assembly Member Arndt led the Pledge of Allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT Assembly Member Arndt announced that 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 Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Larry Ledoux, and James Turner. TURNER moved to excuse Mayor Williams, Assembly members Smiley, and Smith who are out on personal leave. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF AGENDA AND CONSENT AGENDA TURNER moved to approve the agenda and consent agenda. 6. *APPROVAL OF MINUTES (Approved under consent agenda) A. Regular Meeting Minutes of February 16, 2023, Special Meeting Minutes of February 23, 2023, and February 27, 2023. 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Cort Neff • Bill Oliver Kodiak Island Borough March 16, 2023 Assembly Regular Meeting Minutes Page 1 of 9 Regular Meeting Of March 16, 2023 Page 4 of 66 AGENDA ITEM #6.A. 8. AWARDS AND PRESENTATIONS — None. 9. COMMITTEE REPORTS — None. 10. PUBLIC HEARING — None. 11. BOROUGH MANAGER'S REPORT Dave Conrad, Interim Borough Manager, reported on the following: Manager's Department • FY24 Community Assistance — The Division of Community and Regional Affairs report attached was published based on a statewide appropriation of $20 million dollars. The actual amount is approximately $30 million. The published amount will likely be higher that this projection. He will provide the corrected version when received. Funds are scheduled to be distributed in August/September 2023. • Joint Work Session KIBSD/KIB — is scheduled for March 23, 2023, in the KIBSD school district conference room. • Union Contract Negotiations — Negotiations to continue March 23 and 24; and March 30 and 31. Progress has been made on multiple topics. No further discussions or questions regarding the confidential discussions will be shared by the negotiating team. • Compensation Study — Gallagher Human Resource and Compensation Consulting is progressing. • Larsen Bay School — Staff was contacted Tuesday, March 14th. Staff will attempt to call to discuss the facility with the Tribal Council officers Friday, March 17. Travel to the community will be scheduled. • Grant Opportunities — Staff continues to monitor and review grant opportunities as they present themselves for consideration. Assessing Department • Property Valuation notifications have been sent and received by the taxpayers. The protest period is underway and ends on March 30, 2023. Residents are encouraged to call for an appointment to ensure a meeting time with the appropriate staff. To date, there have been 140 inquiries or informal appeals; 116 by mail or phone, 24 in-person. There are nine business days remaining to appeal the current years valuation changes. Community Development • Staff continues to process permits as submitted. Staff continues to process enforcement and look for potential changes to the code as needed. Engineering and Facilities • ADEC -Anchorage Trip— Staff met with Jacobs Engineering, ADEC Stormwater Division, Solid Waste Division and APDES Enforcement Section regarding the upcoming Solid Waste Permit renewal process and to discuss progress on the Kodiak Island Borough March 16, 2023 Assembly Regular Meeting Minutes Page 2 of 9 Regular Meeting Of March 16, 2023 Page 5 of 66 AGENDA ITEM #6.A. Compliance Order by Consent (COBC). These were very well received meetings and productive discussions were held. • KIBSD — Peterson Elementary School Roof Project advertisement was delayed due to staff illness. Anticipate the package to be completed next week. • PKIMC Chiller— The KIB was informed yesterday that the compressor associated with the chiller unit is failing. Several attempts to reset and diagnostic evaluation has taken place. The compressor is the original 1996 installed equipment. That is 27 years of functional life. This is an emergency repair and I have authorized this expenditure with an estimated cost of $47,402.40. The proposal from Cool Air Mechanical is attached. I have attached the email chain as well with descriptions of the reasons for failure and replacement. • PKIMC Elevator — Elevator proposal for rebuilding the existing elevators has been received and evaluated by a third -party qualified inspector. Elevators require repair and should be repaired while the upgrade is still possible. PKIMC and KIB to discuss the priority of this project. • Health Facilities Advisory Board —Next meeting is scheduled for Monday, May 8,2023 at 3:OOpm. • PKIMC Boiler Day Tanks — Job is progressing, final inspection has been scheduled for March 22nd. • OSHA Voluntary Compliance Visit — OSHA citations are being researched and materials procured for compliance. • Vehicle Procurement Proposal - Jeep vehicles are in Kodiak and parked out front. • Light PU Truck — Package is before the assembly tonight for approval. Apparent low bidder is Swickard of Anchorage for two each GMC 2022 Sierra. The cost is $41,329.00 each plus $1190.00 freight each. Full Size 1 Ton Pick-up Truck RFP is being prepared. • Leachate Treatment Plant — Steel building package construction has been postponed until April. Contractor will delay wall panel installation until the interior process equipment has been delivered. Awaiting final structural calculations for submission and review prior to permit being issued. • 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 1 — Candidate has been selected and accepted the employment offer. The request for the moving expenses is before the assembly this evening. Staff is preparing a request to change the personnel manual and union contract language to allow the approval by the manager only as the costs are within the manager procurement authority. Delinquent Tax Notices — Community Development and Engineering Facilities Staff have posted mobile home and business delinquent tax notices. 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 6th regular meeting agenda. Kodiak Island Borough March 16, 2023 Assembly Regular Meeting Minutes Page 3 of 9 Regular Meeting Of March 16, 2023 Page 6 of 66 AGENDA ITEM #6.A. • FY2024 Budget Preparation — Service Area Boards are meeting and completing required functions for budget preparation. Staff is meeting internally. Level 1 budgets are entered and are being reviewed. March 25th meeting has been scheduled for the first-round review with the assembly. • PATS Software — Property Assessment and Taxation Software - One bid was received from Tyler Technologies. Staff is reviewing the package. Anticipate the request to be placed on the agenda soon. • Opioid Settlement Funds — Five additional firms have signed settlement agreements. All nine political subdivisions in the state must sign on for full settlement by April 18, 2023. Kodiak is qualified for approximately 2.1839% of the total when allocated. List of Pending Items for Discussion • City of Kodiak - E911 System and compensation • City Lease for 710 Mill Bay Road facility • Borough Building Remodel or Upgrades • 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 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2023-42 KIB Purchase Of Two (2) GMC Pick Up Trucks From Swickard Auto Group Kodiak Island Borough March 16, 2023 Assembly Regular Meeting Minutes Page 4 of 9 Regular Meeting Of March 16, 2023 Page 7 of 66 AGENDA ITEM #6.A. TURNER moved to authorize the Manager to award the bid to Swickard Auto Group and proceed with purchasing two (2) 2023 GMC Sierra's for Borough use in the amount of $85,038. The Engineering and Facilities Department (EF) prepared and advertised for an invitation to bid for the purchase of two (2) Light Trucks. It was published on the KIB website on February 6, 2023 and advertised for three (3) consecutive weeks in the Anchorage Daily News. The bid opening was held on February 27, 2023. EF Department received two bids and the bid submission from Swickard Auto Group was the lowest priced. After review, the bid has proven to be complete, and the trucks proposed will be an effective replacement for the Borough's current vehicles. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Ledoux, and Turner. 2. Contract No. FY2023-43 Employment Contract Between the Kodiak Island Borough Assembly And Aimee Williams As Borough Manager TURNER moved to approve Contract No. FY2023-43 Employment Contract Between the Kodiak Island Borough and Ms. Aimee Williams as Borough Manager. The Borough manager position has been vacant since June 21, 2022, and the process of hiring for the Kodiak Island Borough Manager started in July 2022. The KIB has advertised for this position and interviewed several candidates. Ai least one offer was made and was declined by the candidate. On February 27, 2023, the Assembly unanimously appointed Ms. Aimee Williams as Borough Manager and directed Assembly members Smiley and Arndt to negotiate a contract which is attached to this packet. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Ledoux, Turner, and Arndt. 14.B. RESOLUTIONS 1. Resolution No. FY2023-26 Agreeing To Accept Additional Opioid Settlement Revenues Negotiated By The State Of Alaska TURNER moved to adopt Resolution No. FY2023-26. With Resolution No. FY2022-10, the assembly agreed to the terms of the settlements negotiated by the State of Alaska with distributors and pharmacies of opioids. As the State of Alaska continues to negotiate settlements with those Kodiak Island Borough March 16, 2023 Assembly Regular Meeting Minutes Page 5 of 9 Regular Meeting Of March 16, 2023 Page 8 of 66 AGENDA ITEM #6.A. distributors and pharmacies, the Borough will be receiving additional settlements as they are completed. This Resolution will authorize the Manager and Attorney to accept, on behalf of the Borough, both this and future opioid settlements negotiated by the State which involve the Borough. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Ledoux, Turner, Arndt, and Delgado. 14.C. ORDINANCES FOR INTRODUCTION 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 TURNER moved to advance Ordinance No. FY2023-13 to public hearing at the next regular meeting of the Assembly. KIBC Code 17-180-010 calls for signs (whether it is for placement, addition of a new or moving an old) to be exempted from requiring a Zoning Compliance application being filled out and submitted to Community Development. KIBC 17.180.010- Description and intent. The intent of this chapter is to regulate signs so that they will not, by reason of their size, location, construction, or manner of display, endanger the public health, safety, or general welfare. It is further intended that this chapter will regulate signs in such a way as to support and complement the purposes and intent of this title as well as the economic growth of the community.A. Zoning compliance is not required for the installation of signs.8. Excluded from regulation are: flags, window displays, traffic and road signs. However, as shown in the packet, KIBC17.180.020 and 17.180.030, contain requirements that signs must adhere to. KIBC 17.15.060 Zoning Compliance states that the building official may not issue a building permit until CDD has verified a zoning compliance application. CDD provides Building and Safety a copy of all Zoning Compliance applications weather they have been approved or denied. Community Development proposes that KIBC 17.180.010 be updated, adding the verbiage "unless a building permit or variance is required for the sign." This will insure that KIBC 17.15.060 and KIBC 17.180.010 work together and avoid confusion between the Community Development and Building & Safety departments. Kodiak Island Borough March 16, 2023 Assembly Regular Meeting Minutes Page 6 of 9 Regular Meeting Of March 16, 2023 Page 9 of 66 AGENDA ITEM #6.A. The Planning and Zoning Commission heard and approved this ordinance to come forward to the Borough Assembly at its special meeting on February 22, 2023. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ledoux, Turner, Arndt, Delgado, and Griffin. 2. Ordinance No. FY2023-15 Amending Title 7 Elections, Chapter 7.40 Canvassing And Certification Of Election Returns, Section 7.40.010 Canvass Of Returns TURNER moved to advance Ordinance No. FY2023-15 to public hearing at the next regular meeting of the Assembly. KIBC Section 7.40.010 details the procedure for canvassing of election returns, and in KIBC 7.40.010(C), it currently states that marked ballots that are not in a small gray envelope shall not be counted. After review of relevant State Statute, it appears that it does not identify failure to use the small gray envelope as a basis for challenging or rejecting a ballot. The Clerk's office sent out an inquiry to other municipalities and the response was unanimous that they do not reject returned ballots that are not in gray envelopes. The concern about failure to use the envelope is that it allows the canvas board to know how a particular voter voted. Based on experience, staff believes the canvassing board has a track record of always protecting the privacy of voters and there are ways in the canvassing procedure that we can incorporate to protect the privacy of the ballots. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Delgado, Griffin, and Ledoux. 14.D. OTHER ITEMS 1. Authorization To Award Contract No. FY2019-10S Change Order #19 For The Providence Kodiak Island Medical Center And Kodiak Community Health Center Space Analysis And Planning To Jensen, Yorba and Wall Inc. LEDOUX moved to authorize the Manager to award Contract No. FY2019-10S Change Order #19 to Jensen, Yorba Wall Inc. in the amount of $276,283 for the Providence Kodiak Island Medical Center and Kodiak Community Health Center to provide space analysis and planning to understand the current and future state of the facilities. At the request of the Kodiak Island Borough (KIB) staff, Jensen Yorba and Wall (JYW) has been asked to provide the next steps in developing the renewal, replacement and expansion options for the borough owned health care facilities. JYW previously presented a facility assessment to the KIB. This new work is for the conceptual plan development to help understand the existing building spaces and how they may require change during the span of new conceptual Kodiak Island Borough March 16, 2023 Assembly Regular Meeting Minutes Page 7 of 9 Regular Meeting Of March 16, 2023 Page 10 of 66 AGENDA ITEM #6.A. options and developments. All this planning and concept design will help ensure that any alterations or changes to the facilities are the "right size" for the needs of the Kodiak community. • Establish an in-depth understanding of the Current State of PKIMC/KCMC. • Development of an accurate current space program from detailed Building Information Modeling (BIM) of the existing building. • Interviews to understand the staff, administration, and community perspectives. • Development of a Current Operations Assessment based on national standards and trends. • Develop Future State projections for the facilities, including detailed volume projections for the various components. • Create several Conceptual Options for renewal/ replacement/expansion of the facility. These options will include cost estimates as well as 3D block diagrams. • Finalize a Conceptual Design/Master Plan, including graphics and a cost estimate. TURNER moved to postpone the award of Contract No. FY2019-10S Change Order #19 to Jensen, Yorba Wall Inc. in the amount of $276,283 for the Providence Kodiak Island Medical Center and Kodiak Community Health Center to provide space analysis and planning to understand the current and future state of the facilities to May 18, 2023. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Delgado, Griffin, Ledoux, Turner, and Arndt. 2. Approval Of A Transportation Agreement To Reimburse Relocation Expenses For The Proposed Candidate For The PC Tech 1. LEDOUX moved to approve the transportation agreement for reimbursing relocation expenses of the proposed candidate for the PC Tech 1 for an amount not to exceed $4,800 or the equivalent of one month's salary. The KIB has received, evaluated, and has recommended that the applicant be hired for the long vacant PC Tech 1 position for the Information Technology Department. This authorization is being requested to allow the Manager to authorize the position with moving expenses to the current applicant. The concern is that the applicant may be offered an alternate position prior to full authorization by the Assembly as required by Section 1105 - Moving Expenses for New Employees in the KIB Personnel Manual. The Transportation Agreement (attached) allows for repayment of moving expenses should the employee not remain at the Borough for more than 24 months. The schedule is as follows: 100% Repayment - Employment for less than 12 months 75% Repayment - Employment 12 months but less than 18 months Kodiak Island Borough March 16, 2023 Assembly Regular Meeting Minutes Page 8 of 9 Regular Meeting Of March 16, 2023 Page 11 of 66 AGENDA ITEM #6.A. • 50% Repayment - Employment 18 months but less than 24 months ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Ledoux, Turner, Arndt, and Delgado. 15. CITIZENS' COMMENTS None. 16. ASSEMBLY MEMBERS' COMMENTS There were no Assembly Member comments. 17. ADJOURNMENT GRIFFIN moved to adjourn the meeting at 7:23 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Aimee Williams, Borough Mayor Kodiak Island Borough March 16, 2023 ATTEST: Nova M. Javier, Borough Clerk Assembly Regular Meeting Minutes Page 9 of 9 Regular Meeting Of March 16, 2023 Page 12 of 66 AGENDA ITEM #8.A. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 6, 2023 ASSEMBLY REGULAR MEETING SUBJECT: Presentation Of The Certified Municipal Clerk Designation To Borough Deputy Clerk Lina Cruz ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Mayor Williams will present the Certificate and Pin to Deputy Clerk Cruz. DISCUSSION: The Certified Municipal Clerk program is designed to enhance the job performance of the Clerk in small and large municipalities. To earn the CMC designation, a Municipal Clerk must attend extensive education program and courses through a variety of methods, including IIMC- approved University and College based Institutes, State/Provincial/National associations, international study and exchange programs, on-line courses, publications, and annual conferences. Deputy Clerk Cruz began working toward her certification in April 2019 when she was hired as an Assistant Clerk. She has earned this prestigious designation through her aggressive participation in educational programs and involvement in a variety of professional development activities. This certification prepares Deputy Clerk Cruz to meet the challenges of the complex role of the municipal clerk. The CMC is more than a pin, a certificate, and three letters at the end of her name. It is a declaration that Ms. Cruz is proficient in her position, and she demonstrates mastery of administrative skills critical to good government. The Borough congratulates Deputy Clerk Cruz for fulfilling the requirements of the Certified Municipal Clerk program. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Presentation Of The Certified Municipal Clerk Designation To Borough Dep... Page 13 of 66 ) 0aboaal tQ Hereby Confers The Title of AGENDA ITEM #8.A. AV 1x1e,(rt1f1(8( a )MUHRIP01 Azrferk upon Caro/iruC Cruz CMC who has completed the requirements prescribed by the International Institute of Municipal Clerks for Certification. (You must renram an active number for IIMC to reurmire your CMC) Certified This 28 Day Of IIMCN nr February A.D. 2023 IIMCIhrectorucatian Presentation Of The Certified Municipal Clerk Designation To Borough Dep... Page 14 of 66 AGENDA ITEM #1O.A. KODIAK ISLAND BOROUGH STAFF REPORT .;}. APRIL 6, 2023 'r ASSEMBLY REGULAR MEETING SUBJECT: 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 ORIGINATOR: Seema Garoutte, Assessor/Interim CDD Director RECOMMENDATION: Move to adopt Ordinance No. FY2023-13. DISCUSSION: KIBC Code 17-180-010 calls for signs (whether it is for placement, addition of a new or moving an old) to be exempted from requiring a Zoning Compliance application being filled out and submitted to Community Development. KIBC 17.180.010- Description and intent. The intent of this chapter is to regulate signs so that they will not, by reason of their size, location, construction, or manner of display, endanger the public health, safety, or general welfare. It is further intended that this chapter will regulate signs in such a way as to support and complement the purposes and intent of this title as well as the economic growth of the community.A. Zoning compliance is not required for the installation of signs. B. Excluded from regulation are: flags, window displays, traffic and road signs. However, as shown in your packet, KIBC17.180.020 and 17.180.030, contain requirements that signs must adhere to. KIBC 17.15.060 Zoning Compliance states that the building official may not issue a building permit until CDD has verified a zoning compliance application. CDD provides Building and Safety a copy of all Zoning Compliance applications weather they have been approved or denied. Community Development proposes that KIBC 17.180.010 be updated, adding the verbiage "unless a building permit or variance is required for the sign." This will insure that KIBC 17.15.060 and KIBC 17.180.010 work together and avoid confusion between the Community Development and Building & Safety departments. The Planning and Zoning Commission heard and approved this ordinance to come forward to the Borough Assembly at its special meeting on February 22, 2023. The approval letter and a copy of the minutes are attached. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ... Page 15 of 66 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 43 44 45 AGENDA ITEM #10.A. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2023-13 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH TITLE 17 ZONING, CHAPTER 17.180 SIGNS, SECTION 17.180.010, DESCRIPTION AND INTENT, TO REQUIRE ZONING COMPLIANCE PERMITS FOR CERTAIN SIGNS WHEREAS, a sign requires a building permit or zoning variance for installation, zoning compliance review is needed prior to installation to ensure compliance with Borough Code limitations; and WHEREAS, the Kodiak Island Borough Code does not currently require zoning compliance review for any signs. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Kodiak Island Borough Code Section 17.180.010, Description and Intent, is amended to read as follows: 17.180.010 Description and intent. The intent of this chapter is to regulate signs so that they will not, by reason of their size, location, construction, or manner of display, endanger the public health, safety, or general welfare. It is further intended that this chapter will regulate signs in such a way as to support and complement the purposes and intent of this title as well as the economic growth of the community. A. Zoning compliance is not required for the installation of signs unless a building permit or variance is required for the sign. B. Excluded from regulation are: flags, window displays, traffic and road signs. Effective Date: This ordinance takes effect at midnight upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2023 Ordinance No. FY2023-13 Page 1 of 2 Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ... Page 16 of 66 AGENDA ITEM #10.A. 46 KODIAK ISLAND BOROUGH 47 48 ATTEST: 49 50 Aimee Williams, Mayor 51 Nova M. Javier, MMC, Borough Clerk 52 Introduced by: Manager 53 First reading: 03/16/2023 54 Second reading/public hearing: 04/06/2023 55 56 VOTES: 57 Ayes: 58 Noes: 59 60 61 Ordinance No. FY2023-13 Page 2 of 2 Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ... Page 17 of 66 AGENDA ITEM #10.A. Ch. 17.180 Signs I Kodiak Island Borough Code Page 1 of 3 Chapter 17.180 SIGNS Sections: 17.180.010 Description and intent. 17.180.020 Residential zoning districts. 17.180.030 Nonresidential zoning districts. * For statutory provisions regulating outdoor advertising, see AS 19.25. 17.180.010 Description and intent. The intent of this chapter is to regulate signs so that they will not, by reason of their size, location, construction, or manner of display, endanger the public health, safety, or general welfare. It is further intended that this chapter will regulate signs in such a way as to support and complement the purposes and intent of this title as well as the economic growth of the community. A. Zoning compliance is not required for the installation of signs. B. Excluded from regulation are: flags, window displays, traffic and road signs. [Ord. 92-05 §2, 1992; Ord. 90-32 §2,1990; Ord. 81-58-0 §1, 1981. Formerly §17.60.010]. 17.180.020 Residential zoning districts. A. In residential zoning districts the following signs are permitted: 1. One sign not exceeding six square feet in area for the purpose of identifying the name of the occupant and/or the occupant's home occupation. 2. One sign not exceeding six square feet in area for the purpose of advertising the sale or lease of a building or property. 3. One sign not exceeding six square feet in area for the purpose of identifying nonconforming uses. 4. One sign not exceeding six square feet in area or: square foot area of sign = sq. ft. of lot x 100 87,120 sq. ft. but not exceeding 100 square feet in area for the purpose of identifying a permitted nonresidential use, housing project, or subdivision. Such a sign may be located on any lot in the development area. The Kodiak Island Borough Code is current through Ordinance FY2023-11, passed November 3, 2022. Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ... Page 18 of 66 AGENDA ITEM #10.A. Ch. 17.180 Signs I Kodiak Island Borough Code Page 2 of 3 5. One sign not exceeding 16 square feet in area for the purposes of advertising the construction, contractor(s), or financing of a construction project. The sign is permitted only upon issuance of a building permit and must be removed within 30 days following the issuance of a certificate of occupancy. B. Signs in residential districts may be located anywhere on the lot which they are intended to serve as long as they do not create an obstruction to traffic and they may not exceed six feet in height, measured from grade, at the point of installation. C. No flashing signs are permitted in any residential district. An illuminated sign, if back -lighted by fluorescent tubes encased in a plastic light diffuser, can be operated between the hours of 7 a.m. and 10 p.m. in support of a permitted nonresidential use. Illuminated signs operated at other times, by other means, or serving other uses in the residential zone are not permitted. "Illuminated" means a sign lighted by or exposed to artificial lighting by lights on or in the sign or directed towards the sign. "Flashing sign" means any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever. [Ord. 92-05 §2, 1992; Ord. 90-32 §2,1990; Ord. 81-58-0 §1, 1981. Formerly §17.60.020]. 17.180.030 Nonresidential zoning districts. In all nonresidential zoning districts any number, type, or location of signs are permitted, subject to the following: A. No flashing signs are permitted within 300 feet of any residential zoning district unless shielded from the residential zoning district. B. The maximum height of any sign is limited to the maximum building height of the zoning district in which the sign is located. C. All signs shall be located on the same lot as, or any adjoining/abutting lot in common ownership as, the principal building or use which they are intended to serve. They may be located anywhere on the lot as long as they do not create an obstruction to traffic. D. The maximum square footage of all signs for a developed lot shall not exceed 25 percent of the square footage of that building face fronting on the public street which the sign will face. E. The maximum square footage of a sign erected on vacant property (e.g., advertising the property for sale) is 32 square feet. [Ord. 92-05 §2,1992; Ord. 90-32 §2,1990; Ord. 81-58-0 §1, 1981. Formerly §17.60.030]. The Kodiak Island Borough Code is current through Ordinance FY2023-11, passed November 3, 2022. Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ... Page 19 of 66 AGENDA ITEM #10.A. Ch. 17.180 Signs I Kodiak Island Borough Code Page 3 of 3 The Kodiak Island Borough Code is current through Ordinance FY2023-11, passed November 3, 2022. Disclaimer: The borough clerk's office has the official version of the Kodiak Island Borough Code. Users should contact the borough clerk's office for ordinances passed subsequent to the ordinance cited above. Borough Website: www.kodiakak.us Borough Telephone: (907) 486-9300 Code Publishing Company The Kodiak Island Borough Code is current through Ordinance FY2023-11, passed November 3, 2022. Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ... Page 20 of 66 AGENDA ITEM #10.A. 17.15.060 Zoning compliance I Kodiak Island Borough Code Page 1 of 1 17.15.060 Zoning compliance. A. A zoning compliance permit is required for site grading (excavation and fill), erection, construction, demolition, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: 1. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as -built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project per currently adopted building code (KIBC 15.05.020). 2. No building permit shall be issued by a building official until the community development department has verified from the application for zoning compliance for a proposed building that it conforms and will be occupied for a use in conformity with the provisions and regulations of this title, except that this provision shall not apply to building permits for residential structures when no yard or height changes are involved. Any building permit issued in conflict with this title is null and void. B. A zoning compliance permit is required for any structure, regardless of type of foundation or base support, including skid -mounted or other movable structure that also requires a building permit. Minor structural developments less than 200 square feet that do not require a building permit are not required to obtain a zoning compliance permit. C. A zoning compliance permit is required for any change of use in a structure. [Ord. FY2021-19 §2, 2020; Ord. FY2018-19 §2, 2018; Ord. 93-64 §7,1993; Ord. 92-17 §3,1992; Ord. 92-04 §2,1992; Ord. 85-11-0 §1; Ord. 83-42-0 §1, 1983; Ord. 81-54-0 §1, 1981; prior code Ch. 5 subch. 2 §18. Formerly §17.03.060]. The Kodiak Island Borough Code is current through Ordinance FY2023-11, passed November 3, 2022. Disclaimer: The borough clerk's office has the official version of the Kodiak Island Borough Code. Users should contact the borough clerk's office for ordinances passed subsequent to the ordinance cited above. Borough Website: www.kodiakak.us Borough Telephone: (907) 486-9300 Code Publishing Company The Kodiak Island Borough Code is current through Ordinance FY2023-11, passed November 3, 2022. Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ... Page 21 of 66 AGENDA ITEM #10.A. KODIAK ISLAND BOROUGH Planning and Zoning Commission Special Meeting February 22, 2023 A Planning and Zoning Commission Special Meeting of the Kodiak Island Borough Assembly waws held on February 22, 2023, in the Borough Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. Present were Alan Schmitt, Paul VanDyke, Cort Neff, Linnea Johnson and Christopher Paulson. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL The above mentioned were present. APPROVAL OF AGENDA Neff moved to approve February 22, 2023, Special Meeting Agenda. VanDyke seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 APPROVAL OF MINUTES Neff moved to approve January 18, 2023, Regular Meeting Minutes. VanDyke seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 CITIZEN COMMENTS Items not scheduled for Public Hearing: Limited to three minutes per speaker. Local Telephone Number: (907) 486-3231 or Toll Free Telephone Number: 855-492-9202 PUBLIC HEARINGS Limited to three minutes per speaker. Local Telephone Number: (907) 486-3231 or Toll -Free Telephone Number: 855-492-9202 Paulson moved to forward Ordinance FY2023-13, amending Kodiak Island Borough Title 17 Zoning, Chapter 17.180 signs, section 17.180.010, description and intent to require Zoning Compliance permits for certain signs to the Kodiak Island Borough Assembly. Kodiak Island Borough February 22, 2023 Planning and Zoning Commission Special Meeting Minutes Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ... Page 22 of 66 AGENDA ITEM #10.A. Neff seconds motion. Staff Report by Interim Community Development Director, Seema Garoutte. Chair to open Public Hearing: If you would like to be heard, please come to the podium, sign in, turn on the microphone and state your name or you can call in, the local number is (907) 486- 3231, Toll -Free 855-492-9202. Chair to close Public Hearing. Commission Discussion. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 5/0. Paulson moved to grant preliminary approval of the vacation of Lot 1 & Lot 2 Isthmus Bay Subdivision, Plat 87-5 Kodiak Recording District, Kodiak, Alaska and replat to: Lot 1A & Lot 2A, Isthmus Bay Subdivision, Kodiak Recording District, Kodiak, Alaska. with the following conditions of approval: 1. Plat Notes be numbered sequentially. 2. The final plat must be submitted for a courtesy final review before final plat is printed for recording. And adopt the finding of fact for Case S23-012 listed in the staff report dated January 25, 2023. Staff report -Interim Community Development Director, Seema Garoutte Chair to Open Public Hearing: If you would like to be heard, please come to the podium, sign in, turn on the microphone and state your name or you can call in, the local number is 907-486-3231, toll free 855-492-9202. Chair to Close Public Hearing Commission discussion ROLL CALL VOTE CARRIED UNANIMOUSLY 5/0 STAFF COMMENTS Planning and Zoning Case Results Letters S23-011 Approval Letters CITIZEN COMMENTS Limited to three minutes per speaker. Local Telephone Number: (907) 486-3231 or Toll -Free Telephone Number: 855-492-9202 Kodiak Island Borough Planning and Zoning Commission Special February 22, 2023 Meeting Minutes Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ... Page 23 of 66 AGENDA ITEM #10.A. Directors' Comments COMMISSIONER COMMENTS • Schmitt informed the Commission and Staff that he would be absent from the March 8th Work Session. Announcements From The Chair a. The next Work Session of the Planning and Zoning Commission is scheduled for March 8, at 6:30 p.m. in the Assembly Chambers. b. The next Regular Meeting of the Planning and Zoning Commission is scheduled for March 15, at 6:30 p.m. in the Assembly Chambers. ADJOURNMENT /_A11X35 Bronwyn Currie, Secretary III Kodiak Island Borough February 22, 2023 KODIAK ISLAND BOROUGH Alan Schmitt, Chair Approved on: Planning and Zoning Commission Special Meeting Minutes Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ... Page 24 of 66 Kodiak Island Borough ATT: Borough Manager 710 Mill Bay Road Kodiak, AK 99615 Greetings, AGENDA ITEM #10.A. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, AK 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us February 23, 2023 RE: FY2023-13. Request an ordinance of the Assembly of The Kodiak Island Borough Amending Kodiak Island Borough Title 17 Zoning, Chapter 17.180 Signs, Section 17.180.010, Description and Intent, to Require Zoning Compliance Permits for Certain Signs. The Kodiak Island Borough Planning and Zoning Commission at their Special meeting on February 22, 2023, moved to recommend that the Assembly of the Kodiak Island Borough approve the ordinance of FY2023-13, noted above. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: FINDINGS OF FACT A sign requires a Building Permit or Zoning Variance for installation, Zoning Compliance review is needed prior to installation to ensure compliance with Borough Code limitations; The Planning and Zoning Commission recommended that the Borough Assembly approve this ordinance. Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ... Page 25 of 66 AGENDA ITEM #1O.A. APPEAL RIGHTS KIBC 17.200.090 The commission's action may be appealed to the assembly by any party entitled to appeal the decision under KIBC 17.225.030. Right of appeal is forfeited unless the appeal specifying the grounds thereof is filed in writing with the borough clerk within 20 days of the commission's decision. KIBC 17.225.030 A written decision of the commission granting or denying approval under the requirements of this title may be appealed by: A. The applicant; or B. Any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the commission. If you have any questions about the action of the Commission, please feel free to contact the Community Development Department at (907) 486-9363. Best Reg ds, ronwyn Currie Secretary III Community Development Department Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, ... Page 26 of 66 AGENDA ITEM #1O.B. KODIAK ISLAND BOROUGH STAFF REPORT .;}. APRIL 6, 2023 'r ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2023-15 Amending Title 7 Elections, Chapter 7.40 Canvassing And Certification Of Election Returns, Section 7.40.010 Canvass Of Returns ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to adopt Ordinance No. FY2023-15. DISCUSSION: KIBC Section 7.40.010 details the procedure for canvassing of election returns, and in KIBC 7.40.010(C), it currently states that marked ballots that are not in a small gray envelope shall not be counted. After review of relevant State Statute, it appears that it does not identify failure to use the small gray envelope as a basis for challenging or rejecting a ballot. I have sent out an inquiry to other municipalities and the response was unanimous that they do not reject returned ballots that are not in gray envelopes. I think the concern about failure to use the envelope is that it allows the canvas board to know how a particular voter voted. Based on my experience, the canvassing board has a track record of always protecting the privacy of voters and there are ways in the canvassing procedure that we can incorporate to protect the privacy of the ballots. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AS 15.20.203 a) The district absentee ballot counting board shall examine each absentee ballot envelope and shall determine whether the absentee voter is qualified to vote at the election and whether the absentee ballot has been properly cast. (b) An absentee ballot may not be counted if (1) the voter has failed to properly execute the certificate; (2) an official or the witnesses authorized by law to attest the voter's certificate fail to execute the certificate, except that an absentee ballot cast in person and accepted by an absentee voting official or election supervisor may be counted despite failure of the absentee voting official or election supervisor to properly sign and date the voter's certificate as attesting official as required under AS 15.20.061(c); (3) the ballot is not attested on or before the date of the election; (4) the ballot, if postmarked, is not postmarked on or before the date of the election; Kodiak Island Borough Ordinance No. FY2023-15 Amending Title 7 Elections, Chapter 7.40 Canvass... Page 27 of 66 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 43 44 AGENDA ITEM #10.B. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2023-15 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 7 ELECTIONS, CHAPTER 7.40 CANVASSING AND CERTIFICATION OF ELECTION RETURNS, SECTION 7.40.010 CANVASS OF RETURNS WHEREAS, KIBC Section 7.40.010 details the procedure for canvassing of election returns, and in KIBC 7.40.010(C), it currently states that marked ballots that are not in a small gray envelope shall not be counted; and WHEREAS, current code as drafted appears to be too restrictive. Voters who voted and endeavored to return their ballot should not be penalized for a minor technicality or oversight; and WHEREAS, the provisions for absentee ballot counting review in AS 15.20.203 do not identify failure to use the small grey envelope as a basis for challenging or rejecting an absentee ballot; and WHEREAS, after inquiry with Kenai Peninsula Borough, City of Soldotna, Matsu Borough, and Ketchikan Gateway Borough, it has been found that these municipalities allow ballots that are not in small gray to be counted. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Section 7.40.010 Canvass of returns of the Kodiak Island Borough Code of Ordinances is amended to read as follow 7.40.010 Canvass of returns. A. Before each election, the assembly shall appoint at least three qualified voters, who shall constitute the election canvass board for that election. All members of the election canvass board, before entering upon their duties, must subscribe to the oath required of all public officers by the Constitution of the State of Alaska in the manner prescribed by the clerk. B. On the day following each election or as soon as is practicable, the election canvass board shall meet in public session and canvass all election returns. In full view of those present, the election canvass board shall judge the applicability of absentee, early voting, by -mail, questioned, and personal representatives, shall open and tally those accepted and shall compile the total votes cast in the election. The canvass of the ballot vote counted by precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error by comparing totals with the precinct's certificate of Ordinance No. FY2023-15 Page 1 of 2 Ordinance No. FY2023-15 Amending Title 7 Elections, Chapter 7.40 Canvass... Page 28 of 66 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 AGENDA ITEM #10.B. results. All obvious errors found by the election canvass board in the transfer of totals from the precinct tally sheets to the precinct certificate of returns shall be corrected in the canvass board certificate of election returns and reported to the assembly as having been corrected. If in the opinion of the canvass board a mistake has been made in precinct returns which is not clearly an error in the transfer of results from the tallies to the certificate of results, the canvass board may recommend to the governing body that a recount of that precinct's results be made for that portion of the returns in question. C. Absentee, by -mail, questioned, and personal representatives ballots shall be counted as follows: No ballot shall be counted if the voter has failed to properly execute the oath and affidavit, , if the .,eteir fails e enr6l„Se the .n_;;rk„a h -,ii„+ inside the small gray envelepe provided: The clerk or a member of the election canvass board may question the qualifications of an absentee voter when read from the voter's certificate on the back of the large envelope, if there is a good reason to suspect that the voter is not qualified to vote, is disqualified, or has otherwise voted at the same election. The person questioning the qualifications shall specify the basis of the question in writing. The canvassing board by majority vote may refuse to count the ballot. If the ballot is refused, the clerk shall notify the voter why the ballot was refused by the canvass board. The envelope shall be labeled "rejected ballots." If the ballot is not refused, the large envelope shall be opened; the ballot and any small gray envelope shall be placed in a container and mixed with the other absentee ballots and small gray envelopes. The mixed ballots and small gray envelopes shall be drawn from the container, any envelopes opened, and the ballots counted according to the rules of determining properly marked ballots. Returned ballots that were not enclosed in a small gray envelope may still be counted so long as the voter is qualified, has properly executed the oath and affidavit, and the ballot is otherwise properly cast. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2023 KODIAK ISLAND BOROUGH Aimee Williams, Mayor Introduced by: Mayor and Assembly First reading: 03/16/2023 Second reading/public hearing: 04/06/2023 VOTES: Ayes: Noes: Ordinance No. FY2023-15 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 2 of 2 Ordinance No. FY2023-15 Amending Title 7 Elections, Chapter 7.40 Canvass... Page 29 of 66 AGENDA ITEM #14. C.1. KODIAK ISLAND BOROUGH STAFF REPORT .;}. APRIL 6, 2023 'r ASSEMBLY REGULAR MEETING SUBJECT: 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 ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: Move to advance Ordinance No. FY2023-16 to public hearing at the next regular meeting of the Assembly of April 20, 2023. DISCUSSION: On February 15, 2023, the Clerk's office received an email from Craig Johnson, Mission Lake Tide Gate (MLTG) Service Area Board chairperson requesting an increase to the board size from three to five members. Mr. Johnson mentioned that the board currently has two prospective board members willing to serve. The formation of the MLTG Service area board went before the voters in 2002 as a special by -mail election proposition and a three-member board was created. Alaska Statutes 29.35.460 authorizes the Assembly to provide for an appointed or elected board to supervise the furnishing of special services in a service area. KIBC 4.15.020 also authorizes the Assembly to determine the number of memberships for different boards by ordinance. In order to increase the board by two members, the Assembly must first adopt an ordinance amending existing code to allow for the change. The Clerk's office, with the assistance of Borough Attorney Scott Brandt -Erichsen, drafted Ordinance No. FY2023-16 to allow for the increase from three to five board members. We recommend that the initial terms of the two additional seats be staggered to make the appointments compliant with KIBC 4.15.030. Attached is a copy of the current roster as well as the proposed one for reference. ALTERNATIVES: FISCAL IMPACT: none. OTHER INFORMATION: 4.15.020 Composition, appointment, election, qualifications. A board shall consist of three members, or more, as the assembly may determine by ordinance. The initial members of the board shall be appointed by the assembly to serve until the expiration of their terms as set forth in KIBC 4.15.030. 4.130.010 Creation and powers. The Mission Lake tidegate service area is established pursuant to Ordinance No. 02-02 and encompasses the area as indicated on the map attached to that ordinance. Construction, operation, and maintenance of the Mission Lake tidegate shall be provided in the Mission Lake tidegate service area. Kodiak Island Borough Ordinance No. FY2023-16 An Ordinance Of The Assembly Of The Kodiak Islan... Page 30 of 66 AGENDA ITEM #14.C.1. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 6, 2023 ASSEMBLY REGULAR MEETING 1 7�v 4.130.020 Board. The Mission Lake tidegate service area board shall consist of three members appointed by the assembly. Kodiak Island Borough Ordinance No. FY2023-16 An Ordinance Of The Assembly Of The Kodiak Islan... Page 31 of 66 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 43 44 45 AGENDA ITEM #14. C.1. KODIAK ISLAND BOROUGH 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 WHEREAS, the Mission Lake Tide Gate Service Area Board members requested increasing the membership from three to five members; and WHEREAS, Alaska Statutes 29.35.460 authorizes the assembly to provide for an appointed or elected board to supervise the furnishing of special services in a service area; and WHEREAS, KIBC 4.15.020 also authorizes the Assembly to determine the number of membership of service area boards by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: Classification. Section 2 of this ordinance is of a general and permanent nature and shall become a part of the Code of Ordinances of the Kodiak Island Borough. The remainder shall not be codified. Section 2: Section 4.130.020 Board of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 4.130.020 Board. The Mission Lake tidegate service area board shall consist of three five members appointed by the assembly. Section 3: that the initial terms of the two additional seats will be staggered with the initial term for one new seat expiring in 2024 and the term for the other new seat expiring in 2025 to make the appointments compliant with KIBC 4.15.030. The terms for the existing three seats remain unchanged. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2023 KODIAK ISLAND BOROUGH Aimee Williams, Mayor Ordinance No. FY2023-16 ATTEST: Page 1 of 2 Ordinance No. FY2023-16 An Ordinance Of The Assembly Of The Kodiak Islan... Page 32 of 66 AGENDA ITEM #14.C.1. 46 Nova M. Javier, MMC, Borough Clerk 47 Introduced by: Manager 48 First reading: 04/06/2023 49 Second reading/public hearing: 50 51 VOTES: 52 Ayes: 53 Noes: Ordinance No. FY2023-16 Page 2 of 2 Ordinance No. FY2023-16 An Ordinance Of The Assembly Of The Kodiak Islan... Page 33 of 66 AGENDA ITEM #14.C.1. From: Patricia Valerio To: Clerks; Nova Javier Cc: Dave Conrad; craia.h.iohnsonCalraymondiames.com; Alan Wolf; "randvension53(a)gmail.com"; Sue Zimmerman Subject: FW: Mission Lake Tide Gate Date: Wednesday, February 15, 2023 1:33:01 PM Good afternoon Nova, At todays Mission Lake Tide Gate meeting Craig Johnson requested the following: • Randy Ensign get reinstated as a board member. o Randy already spoke with Lina and they are going to send him an email to reapply. • Add two members to the board (increasing from 3 to 5). The two perspective board members are o Susan Zimmerman • Barb Zimmerman ■ Sue and Barb were both asked to turn in an application for consideration. Could you please let us know if we need to do anything else to present this to the Assembly for approval? I copied everyone on the email except for Barb — I don't have her email to copy her. Thank you, Patricia Valerio Projects Assistant Engineering & Facilities Dept. Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 pvalerio()kodiakak.us Ph.907-486-9343 Fx.907-486-9394 PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Craig Johnson AGN <Craig.H.Johnson@RaymondJames.com> Sent: Wednesday, February 15, 2023 12:31 PM To: Patricia Valerio <pvalerio@kodiakak.us> Cc: Dave Conrad <dconrad@kodiakak.us> Subject: Mission Lake Tide Gate Patricia and Dave: Ordinance No. FY2023-16 An Ordinance Of The Assembly Of The Kodiak Islan... Page 34 of 66 AGENDA ITEM #14.C.1. Please accept this as a request to increase our board size from 3 to 5. We have 2 prospective new board members: 1. Barb Zimmerman 2. Susan Zimmerman Both have attended this and last year's budget meeting. They qualify as area residents and have indicated a willingness to serve. They would be joining current board: 1. Craig H. Johnson 2. Dr. Alan Wolf 3. Randy Ensign Let me know if I can help with this further. Craig J<< Craig H. Johnson I CFP® CERTIFIED FINANCIAL PLANNER" 1627 Mill Bay Rd Kodiak, AK 99615 P: 907.486.2020 F: 907.206.7145 Craig.H.lohnsonORaymondiames.com www.HavenFinancialPartners.com HAVEN FINANCIAL PARTNERS Certified Financial Planner Board of Standards Inc. owns the certification marks CFP®, CERTIFIED FINANCIAL PLANNER'", CFP® (with plaque design) and CFP® (with Flame design) in the U.S., which it awards to individuals who successfully complete CFP Board's initial and ongoing certification requirements. RAYMOND JAMES® Investment Advisory services offered through Raymond James Financial Services Advisors, Inc. Haven Financial Partners is not a registered broker/dealer and is independent of Raymond James Financial Services, Inc. Securities offered through Raymond James Financial Services, Inc. member FINRA/SIPC. Please visit https://www.raymond'ames.com/legal-disclosures/social-media-disclaimer-icd for Additional Risk and Disclosure Information. Raymond James does not accept private client orders or account instructions by email. This email: (a) is not an official transaction confirmation or account statement; (b) is not an offer, solicitation, or recommendation to transact in any security; (c) is intended only for the addressee; and (d) may not be retransmitted to, or used by, any other party. This email may contain confidential or privileged information; please delete immediately if you are not the intended recipient. Raymond James monitors emails and may be required by law or regulation to disclose emails to third parties. Investment products are: Not deposits. Not FDIC or NCUA insured. Not guaranteed by the financial institution. Subject to risk. May lose value. This may constitute a commercial email message under the CAN -SPAM Act of 2003. If you do not wish to receive marketing or advertising related email messages from us, please reply to this message with "unsubscribe" in your response. You will continue to receive emails from us related to servicing your account(s). Ordinance No. FY2023-16 An Ordinance Of The Assembly Of The Kodiak Islan... Page 35 of 66 AGENDA ITEM #14. C.1. KODIAK ISLAND BOROUGH MISSION LAKE "TIDEGATE" SERVICE AREA BOARD NAME TERM CONTACT NO. EMAIL E&F Director ENDS Patricia Valerio 1 Craig Johnson (Chair) 2023 (907) 486-5000 craig.h.iohnson(a)raymondiames.corn PO Box 207 (907) 486-2020 907 654-7712 2 Alan Wolf 2024 (907) 942-0247 elkehound(a�gmail.com PO Box 791 907 486-0486 Randy Ensign 2025 (907) 539-2350 randyensign530)-gmail.com 3 PO Box 3133 907 486-5350 ENGINEERING STAFF: David Conrad (907) 486-9340 dconrad(o)kodiakak.us E&F Director Patricia Valerio (907) 486-9343 pvalerio(aDkodiakak.us E&F Secretary LEGISLATION: Kodiak Island Borough Code 4.130, Mission Lake Tidegate Service Area Rev. by IA On: 02/24/2023 Ordinance No. FY2023-16 An Ordinance Of The Assembly Of The Kodiak Islan... Page 36 of 66 AGENDA ITEM #14. C.1. KODIAK ISLAND BOROUGH MISSION LAKE "TIDEGATE" SERVICE AREA BOARD NAME TERM ENDS CONTACT NO. EMAIL 1 Craig Johnson (Chair) PO Box 207 2023 (907) 486-5000 (907) 486-2020 907 654-7712 craig.h.'oh nson c�raymondiames.corn pvalerio(o)kodiakak.us 2 Alan Wolf PO Box 791 2024 (907) 942-0247 907 486-0486 elkehound(a)_gmail.com 3 Randy Ensign PO Box 3133 2025 (907) 539-2350 907 486-5350 randyensign53C@gmail.com 4 NEW SEAT 2024 5 NEW SEAT 2025 ENGINEERING STAFF: David Conrad (907) 486-9340 dconrad(a-)_kodiakak.us E&F Director Patricia Valerio (907) 486-9343 pvalerio(o)kodiakak.us E&F Secretary LEGISLATION: Kodiak Island Borough Code 4.130, Mission Lake Tidegate Service Area Rev. by IA On: 03/10/2023 Ordinance No. FY2023-16 An Ordinance Of The Assembly Of The Kodiak Islan... Page 37 of 66 AGENDA ITEM #14.C.2. KODIAK ISLAND BOROUGH STAFF REPORT .;}. APRIL 6, 2023 'r ASSEMBLY REGULAR MEETING SUBJECT: 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 ORIGINATOR: Dora Cross, Finance Director RECOMMENDATION: Move to advance Ordinance No. FY2023-17 to public hearing at the next regular meeting of the Assembly. DISCUSSION: In recognition that it is getting increasingly difficult to hire staff locally and we are regularly advertising for and interviewing applicants in locations outside of Kodiak, staff is requesting to change two items within the Personnel Manual under section 1105 New Employee Moving Expenses. There are several long vacant positions within the Borough and staff believes these changes will shorten the hiring process enabling us to hire qualified staff without loosing them to other entities. The first change would be to make the standard offer of one months salary for moving expenses approvable by the Manger and not the Assembly (any requested expense greater than one months salary would still remain by Assembly approval only). The second change would be to make advance payment of moving expenses approvable by the Assembly and not the Manager. The need for a signed transportation agreement would not change, nor would the payback of reimbursed transportation expenses should the employee less than 24 months. The recent difficulty in hiring for a PC Tech I position (an entry level position that has been unfilled since the passing of John in March of 2021), highlights the hiring problem is occurring within all staffing levels, not just director and manager positions. There are times, such as this March, when staff would have to wait three weeks or more (depending on when we could get it onto the agenda) to get assembly approval to offer the standard moving allowance of one months salary. Most applicants would not wait that long for entities to extend an offer after an interview and would take another job. ALTERNATIVES: Deny the request FISCAL IMPACT: OTHER INFORMATION: Transportation Agreement (attached) allows for repayment of moving expenses should the employee not remain at the Borough for more than 24 months. The schedule is as follows: 100% Repayment - Employment for less than 12 months 75% Repayment - Employment 12 months but less than 18 months 50% Repayment - Employment 18 months but less than 24 months Kodiak Island Borough Ordinance No. FY2023-17 Amending The Kodiak Island Borough Personnel Rul... Page 38 of 66 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 43 44 AGENDA ITEM #14.C.2. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2023-17 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE KODIAK ISLAND BOROUGH PERSONNEL RULES AND REGULATIONS, 2022 EDITION, TO REFLECT CHANGES IN THE MOVING EXPENSES FOR NEW EMPLOYEE SECTION WHEREAS, the Kodiak Island Borough Assembly, in keeping with the personnel policy, recognizes that personnel rules and regulations must be amended from time to time to provide for necessary adjustments; and WHEREAS, the Assembly acknowledges that the difficulty of finding applicants locally necessitates the need to advertise online and off -island, and if a successful candidate is found from outside Kodiak, it is necessary to be able to make timely and efficient offers to applicants; and WHEREAS, staff is recommending the removal of the requirement for Assembly approval for the standard offer of one month salary for moving expenses and instead it should remain as being authorized by the Borough Manager; and WHEREAS, this change does not affect the need for Assembly approval for any moving expense reimbursement in excess of the standard one month salary limit, nor does it change the requirement of signing a Transportation Agreement; and WHEREAS, in addition, staff is recommending the removal of the Borough Manager's approval for advancing moving expenses and recommends instead that Assembly approval is necessary for any advance payments. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. It may be referenced in the legislative history notes for KIBC 2.15.010 as an ordinance making a change to the personnel policies and the amendments to Chapter 11, Section 1105 are attached. Section 2: Section 2.15.010 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 2.15.010 Personnel Rules and Regulations, The Kodiak Island Borough Code of Personnel Rules and Regulations, 1994 Edition, 2022 Edition, is adopted by Ordinance No. FY2022-09 and amended by Ordinance No. FY2023-17, is adopted as the personnel code of the borough and made a part of this chapter as though set forth in full. Ordinance No. FY2023-17 Page 1 of 2 Ordinance No. FY2023-17 Amending The Kodiak Island Borough Personnel Rul... Page 39 of 66 AGENDA ITEM #14.C.2. 45 46 Effective Date: This ordinance takes effect upon adoption. 47 48 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 49 THIS DAY OF 2023 50 51 KODIAK ISLAND BOROUGH 52 53 ATTEST: 54 55 Aimee Williams, Mayor 56 Nova M. Javier, MMC, Borough Clerk 57 Introduced by: Borough Manager 58 First reading: 59 Second reading/public hearing: 60 61 VOTES: 62 Ayes: 63 Noes: 64 65 66 Ordinance No. FY2023-17 Page 2 of 2 Ordinance No. FY2023-17 Amending The Kodiak Island Borough Personnel Rul... Page 40 of 66 AGENDA ITEM #14.C.2. ATTACHMENT TO ORDINANCE NO. FY2023-17 1105 MOVING EXPENSES FOR NEW EMPLOYEES When there is an-essetitial position to be filled and the best applicant is from outside of Kodiak, the Borough Manager, upon approval of the Borough Assembly, bly, may authorize the reimbursement of moving expenses. Such positions may be reimbursed for actual and necessary expenses under the following conditions: a. The employee must be appointed to a position for which the Borough Manager certifies that such expenditure is necessary to recruit qualified employees. b. The maximum reimbursable for an employee shall be determined at the time of employment in accordance with current costs not to exceed the equivalent of one month's salary. On a case-by-case basis and upon approval of the Borough Assembly, additional reimbursement of moving expenses exceeding this limit may be authorized by the Borough Manager. c. New employees who are assisted with their moving expenses under this policy shall be required to sign a Transportation Agreement prior to employment. The Transportation Agreement shall stipulate that the employee will reimburse the Borough for all or part of such expenditures in the event he or she voluntarily leaves Borough service, or is discharged for cause, within a period of two (2) years according to the following schedule: 100% -Less than twelve (12) months 75% -Twelve (12) but less than eighteen months 50% -Eighteen (18) but less than twenty-four (24) months d. New employees may not be given an advance against moving expenses without prior-A+itten approval of the Borough Assembly. e. It is the responsibility of the appointing authority to see to it that prospective new employees are aware of pertinent limitations of these regulations before a move is made. f. Reimbursement shall be based upon itemized receipts for moving expenses. The appointing authority shall be responsible for advising new employees of dollar limitations, the need for itemized receipts or invoices, the meaning of the Transportation Agreement, and other pertinent matters prior to their move. Ordinance No. FY2023-17 Amending The Kodiak Island Borough Personnel Rul... Page 41 of 66 AGENDA ITEM #14.C.2. TRANSPORTATION AGREEMENT The Kodiak Island Borough and EMPLOYEE hereby enter into this agreement concerning transportation costs. The Kodiak Island Borough agrees to provide an amount not to exceed $ (a maximum of one month's salary for above noted employee) to partially defray the transportation costs of a move from CITY, STATE OF RESIDENCE. Actual receipts will be provided to substantiate the above amount of funds. In return, EMPLOYEE agrees to remain in the employment of the Kodiak Island Borough for a period of two years. The above named employee will reimburse the Borough for all or part of such expenditures in the event he or she voluntarily leaves Borough service, or is discharged for cause, within a period of two (2) years according to the following schedule: 100% - Less than twelve (12) months 75% - Twelve (12) but less than eighteen (18) months 50% - Eighteen (18) but less than twenty-four (24) months At least two years of employment with the Kodiak Island Borough results in full forgiveness of any obligation to repay the Kodiak Island Borough. This agreement is effective on this day of 2020. Michael Powers, Manager Employee NOTE: In addition to 7.65% tax, social security and Medicare, payment is considered Supplemental Wages by the IRS, and has a mandatory Federal income tax rate of 22%, per IRS Publication 15 Employer's Tax Guide (Circular E), Supplemental Wages, available at: www.irs.gov/pub/irs-pdf/pl5.pdf Transportation Agreement — EE NAME Ordinance No. FY2023-17 Amending The Kodiak Island Borough Personnel Rul... Page 42 of 66 AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 6, 2023 ASSEMBLY REGULAR MEETING SUBJECT: Acceptance Of Ms. Aimee Williams Resignation As Mayor Of The Kodiak Island Borough ORIGINATOR: Aimee Williams, Borough Mayor RECOMMENDATION: Move to accept the resignation of Ms. Aimee Williams as Mayor of the Kodiak Island Borough and declare the office of the mayor vacant effective April 30, 2023. Clerk's note: Per KIBC 2.20.090, this will require a 2/3 concurring vote of the Assembly. DISCUSSION: On February 27, 2023, the Assembly unanimously appointed Ms. Aimee Williams as Borough Manager. Ms. Williams' contract was approved on March 16, 2023. Per 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. Since Ms. Williams cannot serve simultaneously as Mayor and Manager, she has tendered her resignation as Mayor effective April 30, 2023. 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. The person selected shall serve until October 2023 and a two-year mayoral term will be placed on the October 3, 2023, ballot. 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; 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. Kodiak Island Borough Acceptance Of Ms. Aimee Williams Resignation As Mayor Of The Kodiak Isla... Page 43 of 66 AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 6, 2023 ASSEMBLY REGULAR MEETING 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). Kodiak Island Borough Acceptance Of Ms. Aimee Williams Resignation As Mayor Of The Kodiak Isla... Page 44 of 66 AGENDA ITEM #14.D.1. 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 Acceptance Of Ms. Aimee Williams Resignation As Mayor Of The Kodiak Isla... Page 45 of 66 AGENDA ITEM #14.D.2. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 6, 2023 ASSEMBLY REGULAR MEETING SUBJECT: Confirmation Of The Mayoral Appointment To The Cook Inlet Regional Citizens Advisory Council (CIRCAC) Board Of Directors Borough Seat (Mr. Scott Arndt) ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: Move to confirm the mayoral appointment of Mr. Scott Arndt to the Borough Seat on the Cook Inlet Regional Citizens Advisory Council (CIRCAC) Board Of Directors for a three-year term to expire March 2026. DISCUSSION: The Cook Inlet Regional Citizens' Advisory Council is a council formed in the late 1990s as a non-profit corporation. Its mission is to represent the citizens in the Cook Inlet area in promoting environmentally safe marine transportation and oil facility operations. The Council is a citizens' oversight council for oil facility operations in the Cook Inlet area. The Kodiak Island Borough has a dedicated seat for a representative on the Council. In 2020, Mr. Scott Arndt was appointed the Cook Inlet Regional Citizens Advisory Council seat. Mr. Arndt's term on the Cook Inlet Regional Citizens Advisory Council (CIRCAC) is set to expire March 2023. During the March 9, 2023, work session, the Assembly discussed the Kodiak Island Borough's Seat on the Cook Inlet Regional Citizens Advisory Council currently held by Assembly Member Scott Arndt and supported Mr. Arndt's reappointment. The Annual elections to CIRCAC's Board of Directors will take place at their annual meeting on April 14, 2023. In order to appoint Mr. Arndt, Assembly approval is required. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: February 20, 2020, appointed Scott Arndt for a term to expire March 2023 January 19, 2017, Appointed Kyle Crow for a term to expire March 2020 November 28, 2016, Appointed Kyle Crow for a term to expire March 2017 (term vacated by Mr. Smiley) February 6, 2014, Appointed Scott Smiley for a term to expire March 2017 June 21, 2012, Appointed Scott Smiley for a term to expire March 2014 Kodiak Island Borough Confirmation Of The Mayoral Appointment To The Cook Inlet Regional Citiz... Page 46 of 66 AGENDA ITEM #14.D.3. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 6, 2023 ASSEMBLY REGULAR MEETING SUBJECT: 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 ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to approve 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. DISCUSSION: On March 13, 2023, the Borough Clerk's Office received an email from Kathryn Adkins, Grants Coordinator for the Native Village of Port Lions requesting the attached letter in support of the Native Village of Port Lions' Denali Commission grant application to implement a design for resurfacing of the roads in Port Lions. The due date for this letter is before April 15, 2023. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Approval Of A Letter Of Support To The Native Village Of Port Lions' Den... Page 47 of 66 ATVILLAGE OF P,11 rt lions Kodiak Island Borough To Whom it May Concern, Traditional Tribal Council P.O. Box 69, Port Lions, Alaska 99550 PORTLIONSTRISE.NET AGENDA ITEM #14.D.3. March 13, 2023 The Native Village of Port Lions is applying to the Denali Commission for the purpose of requesting funds to implement a design for the resurfacing of the roads in Port Lions. These roads consist of approximately 11 miles of gravel roads and approximately 4.5 miles of these roads are State owned. The condition of our roads makes finding funds for a design to repair them of vital importance. The roads in Port Lions are down to bedrock in many places which makes maintaining them extremely difficult. Erosion, Dust, Ice, and lack of materials to maintain the roads all play equal parts in the current condition of our roads. In the summer months, the dust is dangerous, both as a health hazard and as a transportation hazard. Often on the way to the airport or ferry dock, a person driving cannot see the vehicle in front of them because of the dust. This dust is full of hazardous particulates and is very harmful to those with respiratory issues. Our community is committed to improving our roads and we are looking to the Kodiak Island Borough for their support. We are writing to ask for your assistance in the form of a support letter to our application to the Denali Commission for funding a design. We are seeking 2 million dollars in design funds. We are requesting this letter at your earliest convenience as our application is due in Mid -April. We thank you for working with us to accomplish projects that affect the health and safety of our community. Please contact me at the Tribal Office with any questions. Sincerely, Denise May Administrator, Native Village of Port Lions 907-454-2234 Approval Of A Letter Of Support To The Native Village Of Port Lions' Den... Page 48 of 66 March 30, 2023 Denali Commission 550 W 71" Avenue, Suite 1230 Anchorage, AK 99615 AGENDA ITEM #14.D.3. 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@kibassembly.org RE: Native Village of Port Lions Grant Application To Whom It May Concern: Please be advised that the Kodiak Island Borough supports the Native Village of Port Lions' application to the Denali Commission for the purpose of requesting funds to implement a design for the resurfacing of the roads in Port Lions. These roads consist of approximately 11 miles of gravel roads and approximately 4.5 miles of these roads are State owned. It is of vital importance that this project is funded for the health and safety of the community of Port Lions. The roads are down to bedrock in many places which makes maintaining them extremely challenging. In the summer months, the dust poses both as a health hazard and as a transportation hazard especially to those who suffer from respiratory issues. Your support and approval for their 2 million dollars request in design funds is greatly appreciated. If you have any questions, please feel free to contact me at (808) 397-1059 or (907) 942-9181. Sincerely, KODIAK ISLAND BOROUGH Thank you, Aimee Williams, Mayor Approval Of A Letter Of Support To The Native Village Of Port Lions' Den... Page 49 of 66 AGENDA ITEM #14.D.4. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 6, 2023 ASSEMBLY REGULAR MEETING SUBJECT: Approval And Authorization Of An Emergency Expense Related To The Replacement Chiller Compressor -B At the Providence Kodiak Island Medical Center Facility ORIGINATOR: Dave Conrad, Interim Borough Manager RECOMMENDATION: Move to approve and authorize the emergency expense, beyond the manager's spending authority, associated with the replacement of the chiller compressor - B at the Providence Kodiak Island Medical Center Facility in the amount of $47,402.40. DISCUSSION: Staff has been informed that the compressor associated with the chiller at the hospital has failed. Although there is discussion regarding the replacement of the 20 year old facility chiller and associated systems, this component can be replaced to allow the system to function. The replacement project requires engineering and planning for the future facility needs and planning an expandable system where additional capabilities can be added or reduced whichever is required. ALTERNATIVES: Allow unit to fail and reduce the ability to provide conditioned air to the facility. FISCAL IMPACT: OTHER INFORMATION: KIBC 3.30.020 Limitation on manager's authority. The manager may not make an acquisition, sale, transfer, or contract authorized by KIBC 3.30.010 if the value of the property, service, or contract exceeds $25,000 without first obtaining assembly approval with the exception of utility bills, which may be paid without assembly approval. Similar types of work, even if performed in different geographic locations, are considered "in the aggregate" regardless of the project, contract, purchase orders, or change order and require assembly notification if the total payment to one contractor exceeds $25,000 in one fiscal year. The manager will report to the assembly, at its next regular meeting, contracts of $25,000 or less between the borough and (A) a member of the assembly, (B) an assembly member's immediate family, or (C) a business in which the assembly member is associated or has an ownership interest. "Immediate family of an assembly member" means a parent; sibling; child by blood, adoption, or marriage; spouse; grandparent or grandchild. Kodiak Island Borough Approval And Authorization Of An Emergency Expense Related To The Replac... Page 50 of 66 Cool Air Mechanical, Inc 6132 Nielsen Way Anchorage, AK 99518 Phone: 9078682889 - Fax: 9078685128 Providence Heath and Services Alaska 3200 Providence Drive Anchorage, AK 99508 AGENDA ITEM #14.D.4. Proposal Customer # Estimate Date Estimate # 832 3/15/2023 147208 Providence Kodiak Island Medical Center 1915 East Rezanof Drive Kodiak, AK 99615 Cool Air Mechanical, Inc, proposes to provide the labor and material required to accomplish the following scope of work: Replace failed compressor, Circuit -B on main Chiller. Major Equipment: • Chiller -1, Compressor -B Scope of Work: • Provide one 125# and one 50# recovery cylinder • Recover refrigerant (existing refrigerant will be reused) • Replace failed compressor • Replace filter driers • Replace oil • Repair leaks on condenser coil • Leak check • Startup Exclusions: Items not specifically included above. Any additional labor or material costs incurred due to existing isolation valves not holding correctly. Electrical power wiring or conduit installation between service panel and appliance. Existing power conductors and outlets will be reused. Control wiring or conduit installation. Drywall patching & painting 'The costs below reflect a fixed price, lump sum fee. `This work will be performed during normal business hours at standard labor rate. 'Work performed during normal business hours will be billed at standard labor rate. "Work performed during overtime hours will be billed at overtime labor rate. Job Stage Name Parts Sale Amt Labor Sale Amt Sale Total Travel Expense $5,700.10 $1,680.00 $7,380.10 Compressor Replacement $22,622.30 $17,400.00 $40,022.30 $28,322.40 $19,080.00 $47,402.40 Subtotal: Sales Tax: Estimate Total: Retainage held until job completion: $47,402.40 $0.00 $47,402.40 Representative Signature Date Customer Signature Date Page 1 of 1 Approval And Authorization Of An Emergency Expense Related To The Replac... Page 51 of 66 AGENDA ITEM #14.D.4. From: Dave Conrad To: Arnett, Daniel Cc: Rahn, Dale L; Hertz. Karl E; Hocum. Tim; Mooney, Jennifer K; Steele, Tyler W; Polum, Janet M Subject: Re: [EXTERNAL] Re: Failed Compressor Date: Thursday, March 16, 2023 6:46:02 AM Dan I don't believe there is a choice. I will present this at the assembly meeting tonight. I am requesting an email from you detailing the parameters associated with the failure. Just a simple discussion as to effect if the chiller not functioning. Get Outlook for iOS From: Arnett, Daniel <Daniel.Arnett@providence.org> Sent: Thursday, March 16, 2023 6:40:17 AM To: Dave Conrad (dconrad@kodiakak.us) <dconrad@kodiakak.us> Cc: Rahn, Dale L <Dale.Rahn@providence.org>; Hertz, Karl E <karl.hertz@providence.org>; Hocum, Tim <Timothy. Hocum@ providence.org>; Mooney, Jennifer K <jennifer.mooney@providence.org>; Steele, Tyler W <Tyler.Steele@providence.org>; Polum, Janet M <Janet.Polum@providence.org> Subject: FW: [EXTERNAL] Re: Failed Compressor Dave, Good morning. Per our phone conversation, please see the attached quote and email below outlining the situation with the Chiller. Dave, do we have your approval to move forward with this emergent work? The lead time on this is 3wks, we would like to move this ASAP. If you have any questions please let me know. Thanks. Dan Arnett Sr Manager Facilities - PKIMC C: 270.98.1219 Providence I Real Estate Strategy & Operations From: Steele, Tyler W <Tyler.Steele@providence.org> Sent: Wednesday, March 15, 2023 4:21 PM To: Arnett, Daniel <Daniel.Arnett@providence.org>; Rahn, Dale L <Dale.Rahn@providence.org> Cc: Polum, Janet M <Janet.Polum @providence.org> Subject: RE: [EXTERNAL] Re: Failed Compressor Team, Please see below for the SBAR for the Chiller. The attached document is an official quote Approval And Authorization Of An Emergency Expense Related To The Replac... Page 52 of 66 AGENDA ITEM #14.D.4. from Cool Air Mechanical for a New Compressor. Please review the attached document and let me know as soon as possible. Thank you. Plan of Corrective Action S.B.A.R PKIMC CHILLER REPAIR/REPLACEMENT Situation PKIMC chiller compressor has seized and is inoperable. Needs to be replaced, cannot be repaired. Background On March 10th at approximately 1500 hours outside air temperature had reached 54.7 °F. Temps within the building were rising and the chiller had not turned on to run yet. After investigating the situation, it was determined that we would need an outside contractor to check refrigerant/compressor oil to determine the issue. Cool air Mechanical was called to troubleshoot the compressor. Assessment It is the assessment of Cool Air Mechanical Technician that the compressor is bad due to motor overload because either the bearing failed, or the rotary screw is bound up. Recommendation Cool Air Mechanical recommends replacement of the compressor. Lead time for the compressor is 3-4 weeks from manufacturer. Tyler Steele Facilities Maintenance Supervisor — PKIMC I Real Estate Strategy & Operations 0:907.486.9583 C:907.654.4714 0 Providence From: Jesse Young<iesseyCcDcoolairmechanicalinc.com> Sent: Wednesday, March 15, 2023 3:51 PM To: Steele, Tyler W <Tyler.Steelena providence.org>; Arnett, Daniel <Daniel.Arnett(@providence.org> Subject: [EXTERNAL] Re: Failed Compressor Caution: This email originated from outside of the Providence family of organizations. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you suspect this email is phishing or a scam, use the report button in the Outlook toolbar to report it to Providence Cybersecurity. Estimate is attached. I included standard freight on this. I am waiting on other shipping options and updated lead time. Jesse Young Approval And Authorization Of An Emergency Expense Related To The Replac... Page 53 of 66 AGENDA ITEM #14.D.4. Sales Manager Cool Air Mechanical, Inc. 0 907-223-2615 0 iesseX@coolairmechanicalinc.com 0 www.coolairmechanicalinc.com 0 6132 Nielsen Way, Anchorage, AK 99518 On Wed, Mar 15, 2023 at 3:19 PM Jesse Young <Jessey @coolairmechanicalinc.com> wrote: Fellas, The compressor has a locked rotor. There is nothing that can be done for it. Either a bearing failure or the screw is bound up. New compressor is 20K not including labor or any other parts. Lead time is 3-4 weeks but I am checking on getting it expedited. I am working up an official quote. I wanted to keep you updated. They also offer a core charge of around 3k for returning the old compressor which we can credit back once we receive payment. It sometimes takes six month for the refund. I wanted to keep you in the loop and see if you wanted me to go ahead and order the compressor. I am guessing around 50k total for the repair, depending on the condition of the refrigerant and how fast we decide to ship. Jesse Young Sales Manager Cool Air Mechanical, Inc. 907-223-2615 jessex@coolairmechanicalinc.com www.coolairmechanicalinc.com 6132 Nielsen Way, Anchorage, AK 99518 Approval And Authorization Of An Emergency Expense Related To The Replac... Page 54 of 66 AGENDA ITEM #14.D.4. This message is intended for the sole use of the addressee, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the addressee you are hereby notified that you may not use, copy, disclose, or distribute to anyone the message or any information contained in the message. If you have received this message in error, please immediately advise the sender by reply email and delete this message. Approval And Authorization Of An Emergency Expense Related To The Replac... Page 55 of 66 AGENDA ITEM #14.D.5. KODIAK ISLAND BOROUGH STAFF REPORT .;}. APRIL 6, 2023 ' ASSEMBLY WORK SESSION SUBJECT: Assembly Discussion Pertaining To Filling The Mayoral Seat Vacancy ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: No action is recommended at this time. Assembly to discuss and give direction whether to schedule an appointment of an Assembly member to fill the Mayoral seat on April 20 or give direction to advertise an open call for applications. DISCUSSION: At the March 30, 2023, work session, a decision was made to allow time for the Assembly members to express their interest in filling the seat up to April 26, 2023. March 30, 2023, Work Session Agenda Summary 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: Attached is a calendar mirroring the process for filling an Assembly seat. This provides guidance only and the schedule may be revised as you see fit. ALTERNATIVES: KIBC 2.20.100 does not clearly say that the Assembly would or should consider sitting assembly members as candidates, the way the code is structured, with provisions addressing what happens if a sitting assembly member is chosen spelled out before addressing soliciting applications, could be read to imply that sitting assembly members would be considered before an open call. However, it is not specific, and as a result the Assembly has discretion to either look first to its members or to go directly to an open call. The Assembly may: Kodiak Island Borough Assembly Discussion Pertaining To Filling The Mayoral Seat Vacancy Page 56 of 66 AGENDA ITEM #14.D.5. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 6, 2023 ASSEMBLY WORK SESSION Schedule on April 20 the appointment of one of the sitting assembly members which can be done without an open call Give direction to the Clerk to advertise an open call for candidates 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; 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 Assembly Discussion Pertaining To Filling The Mayoral Seat Vacancy Page 57 of 66 AGENDA ITEM #14.D.5. Kodiak Island Borough OFFICE of the CLERK Filling the Mayoral Seat Vacancy Calendar 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 filling the Mayor's seat. Advertise in the paper if there are no interested April 14 and April 21 applicants from existing Assembly Members. The clerk shall publish reasonable public notice of the vacancy. Application Acceptance Period April 15 to April 29 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 4 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 1 Assembly Discussion Pertaining To Filling The Mayoral Seat Vacancy Page 58 of 66 AGENDA ITEM #14.D.5. 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 11 12621 Noch Dr I Kodiak, AK 1 99615 Assembly Discussion Pertaining To Filling The Mayoral Seat Vacancy Page 59 of 66 AGENDA ITEM #18.A.1. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES Date: January 3, 2023 Call to order: 5:32 pm Commissioners Present: Jason Chandler -Chair, Greg Egle-Vice Chair, Billy Ecret, Dave Heuman-Secretary and Bill Roberts. 2 vacant seats. Approval of agenda by unanimous vote. Approval of the minutes by unanimous vote for; • Regular Meeting of December 13, 2022 Citizens Comments; None Contractor Comments: none Chairman's Report: 1. 34% of budget expended to date 2. December work; plowing and grading and ice control. Old Business 1. Fire Service a. Radio Repeater on weather hold to install on pole b. Researching a new compressor for truck bay 2. Road Service a. KIB to pursue a grant for rural paving New Business 1. Fire Department a. Replacement garage doors needed for original 2 doors. 2. Road Service a. Bill Roberts appointed by KIB on Dec 15, 2022 Board Member Comments: BE; Ice Blades used on BF Rd took out crown and left furrows JC; potholes reappearing on the Dark Side Womens Bay Service Area Board Minutes of January 3, 2023, February 7, 20... Page 60 of 66 WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MIlVUTES Meeting adjourned at 5:56 pm Next regular meeting scheduled for February 7, 2023. 5:30 pm CHAIRPERSON AGENDA ITEM #18.A.1. WITNESS Womens Bay Service Area Board Minutes of January 3, 2023, February 7, 20... Page 61 of 66 AGENDA ITEM #18.A.1. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES Date: February 7, 2023 Call to order: 5:30 pm Commissioners Present: Jason Chandler -Chair, Greg Egle-Vice Chair, Billy Ecret, Dave Heuman-Secretary and Bill Roberts. 2 vacant seats. Dave Conrad, Fire chief. Approval of agenda as amended by unanimous vote. Approval of the minutes by unanimous vote for; • Regular Meeting of January 3, 2023 Citizens Comments; None Contractor Comments: none Chairman's Rem: 1. approx. 63% of budget expended to date 2. January work; potholes, plowing and grading and ice control. 3. KIB rcvd an application for board membership from Matthew Haig. Chairman will contact him for further information. Old Business 1. Fire Service a. Radio Repeater on weather hold, to be installed on pole/marine hill b. Researching a new compressor for truck bay c. Original garage door replacement being budgeted in the FY 24 FD budget 2. Road Service a. KIB to pursue a grant for rural paving b. Jamin Price -Hall driveway permit; no culvert required due to site condi- tions c. Wintrip driveway permit discussed, but no actual application so far. New Business 1. Fire Department Womens Bay Service Area Board Minutes of January 3, 2023, February 7, 20... Page 62 of 66 AGENDA ITEM #18.A.1. WOMENS BAY SERVICE AREA BOARD BUDGET HEARING FY 2024 MINUTES Date: February 21, 2023 Call to order: 5:32 pm Commissioners Present: Jason Chandler -Chair, Dave Conrad ex -officio, Billy Ecret, Greg Egle-Vice Chair, Dave Heuman-Secretary and Bill Roberts. 2 vacant seats. Approval of agenda by unanimous vote audget Hearing 1. Fire Department a. Reviewed and approved as presented. Unanimous Roll Call vote, passed. 2. Road Service a. Reviewed and approved as presented. Unanimous Roll Call vote, passed. 1. BE; Please keep the board advised of work callouts so we can give folks who call us the current status of things. Meeting adjourned at 5:47 pm ERSON WITNESS 3/7 �- 3 Womens Bay Service Area Board Minutes of January 3, 2023, February 7, 20... Page 63 of 66 AGENDA ITEM #18.A.1. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES a. FY 2024 Fire Dept Budget presented by Dave Conrad, unanimously moved to present to the Public hearing, Feb. 21, 2023. 2. Road Service a. FY 2024 Road Service Budget presented by Dave Heuman, unanimously moved to present to the Public hearing, Feb. 21, 2023. BE; Upcoming State Highway repairs may present opportunity to get some RAP, could be used for road repair work within our district. Meeting adjourned at 7:25 pm Next meeting, the Public Hearing, scheduled for February 21, 2023. 5:30 pm I—", &�� 51' -CIRPERSON 7��- k � G-� WITNESS Womens Bay Service Area Board Minutes of January 3, 2023, February 7, 20... Page 64 of 66 AGENDA ITEM #18.A.2. KODIAK ISLAND BOROUGH Planning and Zoning Commission Special Meeting February 22, 2023 A Planning and Zoning Commission Special Meeting of the Kodiak Island Borough Assembly waws held on February 22, 2023, in the Borough Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. Present were Alan Schmitt, Paul VanDyke, Cort Neff, Linnea Johnson and Christopher Paulson. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL The above mentioned were present. APPROVAL OF AGENDA Neff moved to approve February 22, 2023, Special Meeting Agenda. VanDyke seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 APPROVAL OF MINUTES Neff moved to approve January 18, 2023, Regular Meeting Minutes. VanDyke seconds motion. VOICE VOTE CARRIED UNANIMOUSLY 5/0 CITIZEN COMMENTS Items not scheduled for Public Hearing: Limited to three minutes per speaker. Local Telephone Number: (907) 486-3231 or Toll Free Telephone Number: 855-492-9202 PUBLIC HEARINGS Limited to three minutes per speaker. Local Telephone Number: (907) 486-3231 or Toll -Free Telephone Number: 855-492-9202 Paulson moved to forward Ordinance FY2023-13, amending Kodiak Island Borough Title 17 Zoning, Chapter 17.180 signs, section 17.180.010, description and intent to require Zoning Compliance permits for certain signs to the Kodiak Island Borough Assembly. Kodiak Island Borough February 22, 2023 Planning and Zoning Commission Special Meeting Minutes Planning and Zoning Commission Special Meeting Minutes Page 65 of 66 AGENDA ITEM #18.A.2. Neff seconds motion. Staff Report by Interim Community Development Director, Seema Garoutte. Chair to open Public Hearing: If you would like to be heard, please come to the podium, sign in, turn on the microphone and state your name or you can call in, the local number is (907) 486- 3231, Toll -Free 855-492-9202. Chair to close Public Hearing. Commission Discussion. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 5/0. Paulson moved to grant preliminary approval of the vacation of Lot 1 & Lot 2 Isthmus Bay Subdivision, Plat 87-5 Kodiak Recording District, Kodiak, Alaska and replat to: Lot 1A & Lot 2A, Isthmus Bay Subdivision, Kodiak Recording District, Kodiak, Alaska. with the following conditions of approval: 1. Plat Notes be numbered sequentially. 2. The final plat must be submitted for a courtesy final review before final plat is printed for recording. And adopt the finding of fact for Case S23-012 listed in the staff report dated January 25, 2023. Staff report -Interim Community Development Director, Seema Garoutte Chair to Open Public Hearing: If you would like to be heard, please come to the podium, sign in, turn on the microphone and state your name or you can call in, the local number is 907-486-3231, toll free 855-492-9202. Chair to Close Public Hearing Commission discussion ROLL CALL VOTE CARRIED UNANIMOUSLY 5/0 STAFF COMMENTS Planning and Zoning Case Results Letters S23-011 Approval Letters CITIZEN COMMENTS Limited to three minutes per speaker. Local Telephone Number: (907) 486-3231 or Toll -Free Telephone Number: 855-492-9202 Kodiak Island Borough Planning and Zoning Commission Special February 22, 2023 Meeting Minutes Planning and Zoning Commission Special Meeting Minutes Page 66 of 66 AGENDA ITEM #18.A.2. Directors' Comments COMMISSIONER COMMENTS • Schmitt informed the Commission and Staff that he would be absent from the March 81n Work Session. Announcements From The Chair a. The next Work Session of the Planning and Zoning Commission is scheduled for March 8, at 6:30 p.m. in the Assembly Chambers. b. The next Regular Meeting of the Planning and Zoning Commission is scheduled for March 15, at 6:30 p.m. in the Assembly Chambers. ADJOURNMENT ATTEST: Bronwyn Currie, Secretary III Kodiak Island Borough February 22, 2023 KODIAK ISLAND BOROUGH (,� � L_ , L I! ecz Alan Schmitt, Chair Approved on:%�✓� Planning and Zoning Commission Special Meeting Minutes Planning and Zoning Commission Special Meeting Minutes Page 67 of 66 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: Jena Hassinger RE: Managers Report, April 6, 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 in May, 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 Nine 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. BOE is scheduled to meet May 1 only, at this time. Gearing up for the new year preparing plans for this year's field work. Assessing will be measuring and updating properties in the SDI beginning May 1. Please be aware, market increases effect properties Borough wide, but improvement updates are area specific unless it is a building permit, complaint or owner request. Community Development — The Alutiiq Museum is asking for permission to conduct archaeological investigations on multiple KIB properties this summer. The two areas they are requesting permission to survey are Ugak Bay and Salonie Creek (near the rifle range). This is at no cost to the Borough. Staff is working with the attorney on permit language and a liability release. 3 cases going to P&Z Commission for April with one possible rezone coming forward to the Assembly 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. KFRC and PKIMC - Kodiak Island Borough has partnered with Providence Kodiak to share in bringing Remidi8 to Kodiak to perform inspection and provide a recommendation for the repair or replacement of smoke dampers throughout the facility. As this is a life safety matter the KIB wants to verify proper function, review recommendations based on the most current NFPA Codes and repair and relace these devices to ensure function for the health and safety of the occupants. Work anticipated to occur this month. KIBSD — Peterson Elementary School Roof Project has been advertised and the bid period is open. A pre-bid meeting occurred today. April 6, 2023, and the bid submission is scheduled for April 18, 2023. PKIMC Chiller—This is an emergency repair and the Interim Manager 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. Serious corrective actions are being rectified. 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 approved by the Building Department. Currently waiting for the process of payment so the permit can be issued. 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 - 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 for staff, assembly, and board members. It is on the April 13th work session for discussion. FY2024 Budget Preparation — The Managers Budget has been distributed and is available on the website. 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. Foreclosures Process — For real properties with delinquent 2021 tax balances, the Borough will file for a Clerks Deed on June 6th. A 30 -day notice will be sent to property owners and published in the newspaper beginning May 5th. Small Claims Process — Previous court awarded judgements for delinquent taxes were submitted to the courts as a claim against taxpayers PFDs. Staff is also preparing new Small Claim Complaints against non -real property taxpayers who are delinquent in paying their taxes. These complaints will be filed with the courts 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. 4 Kodiak Island Borough Assembly Regular Meeting Guidelines Assembly Chambers Thursday, April 6, 2023, 6:30 p.m. 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 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 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 Smiley who is out on medical leave. VOICE 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. VOICE VOTE ON MOTION 6. *APPROVAL OF MINUTES A. Regular Meeting Minutes Of March 16, 2023 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. Page 1 of 6 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 A. Presentation Of The Certified Municipal Clerk Designation To Borough Deputy Clerk Lina Cruz MAYOR WILLIAMS, please read and present the Certificate and pin to Deputy Clerk Lina Cruz 9. COMMITTEE REPORTS 10. PUBLIC HEARING A. 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 Recommended motion: Move to adopt Ordinance No. FY2023- 13. Staff report — Seema Garoutte, Assessor/Interim CDD Director Open public hearing. Read phone numbers: 907-486-3231, Toll Free 1-855-492-9202. Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in — turn off any listening devices to prevent Feedback Close the public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION Page 2 of 6 B. Ordinance No. FY2023-15 Amending Title 7 Elections, Chapter 7.40 Canvassing And Certification Of Election Returns, Section 7.40.010 Canvass Of Returns Recommended motion: Move to adopt Ordinance No. FY2023- 15 Staff report — Nova Javier, Borough Clerk Open public hearing. Read phone numbers: 907-486-3231, Toll Free 1-855-492-9202. Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in — turn off any listening devices to prevent feedback Close the public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION 11. BOROUGH MANAGER'S REPORT ADMINISTRATIVE OFFICIAL JENA HASSINGER 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 14.B. RESOLUTIONS Page 3 of 6 14.C. ORDINANCES FOR INTRODUCTION 1. 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 Recommended motion: Move to advance Ordinance No. FY2023-16 to public hearing at the next regular meeting of the Assembly. Staff report — Nova Javier, Borough Clerk Assembly discussion. ROLL CALL VOTE ON THE MOTION 2. 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 Recommended motion: Move to advance Ordinance No. FY2023-17 to public hearing at the next regular meeting of the Assembly. Staff report — Dora Cross, Finance Director Assembly discussion. ROLL CALL VOTE ON THE MOTION 14.D. OTHER ITEMS 1. Acceptance Of Ms. Aimee Williams Resignation As Mayor Of The Kodiak Island Borough Recommended motion: Move to accept the resignation of Ms. Aimee Williams as Mayor of the Kodiak Island Borough and declare the office of the mayor vacant effective April 30, 2023. Per KIBC 2.20.090, this will require a 2/3 concurring vote of the Assembly. Staff report — Nova Javier, Borough Clerk Assembly discussion. ROLL CALL VOTE ON THE MOTION Page 4 of 6 2. Confirmation Of The Mayoral Appointment To The Cook Inlet Regional Citizens Advisory Council (CIRCAC) Board Of Directors Borough Seat (Mr. Scott Arndt) Recommended motion: Move to confirm the mayoral appointment of Mr. Scott Arndt to the Borough Seat on the Cook Inlet Regional Citizens Advisory Council (CIRCAC) Board Of Directors for a three-year term to expire March 2026. Staff report — Nova Javier, Borough Clerk Assembly discussion. ROLL CALL VOTE ON THE MOTION 3. 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 Recommended motion: Move to approve 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. Staff report — Nova Javier, Borough Clerk Assembly discussion. ROLL CALL VOTE ON THE MOTION 4. Approval And Authorization Of An Emergency Expense Related To The Replacement Chiller Compressor -B At the Providence Kodiak Island Medical Center Facility Recommended motion: Move to approve and authorize the emergency expense, beyond the manager's spending authority, associated with the replacement of the chiller compressor - B at the Providence Kodiak Island Medical Center Facility in the amount of $47,402.40. Staff report— Jena Hassinger, Administrative Official Assembly discussion. ROLL CALL VOTE ON THE MOTION Page 5 of 6 5. Assembly Discussion Pertaining To Filling The Mayoral Seat Vacancy Assembly discussion. No action is recommended at this time. Assembly to discuss and give direction whether to schedule an appointment of an Assembly member to fill the Mayoral seat on April 20 or give direction to advertise an open call for applications. 15. 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 16. ASSEMBLY MEMBERS' COMMENTS The Assembly Special Budget work session schedule on Saturday, April 8, 2023, in the Borough Assembly Chambers has been cancelled. The next Assembly work session is scheduled on Thursday, April 13, 2023, at 6:30 p.m. in the Borough Assembly Chambers. The next regular meeting is scheduled on Thursday, April 20, 2023, at 6:30 p.m. in the Borough Assembly Chambers. 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 Regular / Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: Date: q— (0 ZC73 Adjourned: BY: BY: Cd\- SECOND: SECOND:G� BY: � SECOND: t N. _ BY: � SECONQ:\ v �r b� VS I NO BY: SECOND: Y0' 0 YES;'l Ulm Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt �, Mr. Arndt Mr. Delgado Mr. Delgado Mr. Delgado Mr. Delgado ✓' Mr. Delgado Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. Smiley Mr. Smith ✓' Mr. Smith Mr. Smith Mr. Smith Mr. Smith Mr. Turner V Mr. Turner Mr. Turner Mr. Turner Mr. Turner )ULD -ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE_ THEIR VOTE? - TOTAL: TOTAL: TOTAL: TOTAL: Co I U I TOTAL: The mayor may pot 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 V Mayor Williams Mayor Williams Mayor Williams Mayor Williams Motions required for 2/3 vote to carry. 7 pgent requires(5present 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 , c Date: "[ — Le - Ou Recessed: Reconvened: Adjourned: BY: SECOND: BYJv-: BY: SECOND: G�� SECOND: lig YES NOV, YES NO BY: SECOND: BY: 71 SECOND: ��aa YES I NO . PW.- YES Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Arndt Mr. Delgado V Mr. Delgado Mr. Delgado Mr. Delgado Mr. Delgado Mr. Griffin 46 V Mr. Griffin V Mr. Griffin Mr. Griffin ✓ Mr. Griffin Mr. LeDoux V Mr. LeDoux , v Mr. LeDoux y Mr. LeDoux V Mr. LeDoux Mr. SFAe'ey - _Mr Smiley -AU -- M; Smiley _04F. Smiley Mr. Smith V Mr. Smith Mr. Smith/ Mr. Smith Mr. Smith Mr. Turner V Mr. Turner Mr. Turner Mr. Turner/ Mr. Turner i OULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE'? TOTAL: TOTAL: U I TOTAL:1 0 TOTAL: 1 1 TOTAL: The mayor may not vote except in the case where only six members of the assem-151y are present and there is a three/three tie vote of the assembly. FM-ayor Williams Mayor Williams Mayor Williams Mayor Williams Mayor Williams • Motions required for 2/3 vote to carry. 7 present require 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: 4 —f Adjourned: 01 BYC;:( BY: Itq SECOND: �Q� SECOND: U` i i O NO BY: "�-- SECOND: \I Y V BY: SECOND: BY: SECOND: YES NO _ YES NO Mr. Arndt Mr. Arndt 7 Mr. Arndt Mr. Arndt Mr. Arndt Mr. Delgado Mr. Delgado Mr. Delgado Mr. Delgado Mr. Delgado Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. LeDoux V Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. y i ey r Mr. Smith Mr. Smith Mr. Smith Mr. Smith Mr. Smith Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE TOTAL: TOTAL: TOTAL: I ITOTAL: I I TOTAL: I T -7 - - The mayor may not vote except in the case whey 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 2/3 vote to carry. 7 present'require 5; present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, li it of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. EFJ KODIAK ISLAND BOROUGH Meeting Type: holdai. J�ou,ha Date: Please PRINT your name legibly Please PRINT your name legibly �YAN �,A22� Kodiak Island Borough o Assembly Newsletter Vol. FY2023, No. 32 April 07, 2023 At Its Regular Meeting Of April 06, 2023, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On April 20, 2023, At 6:30 p.m. In The Borough Assembly Chambers. PRESENTED The Certified Municipal Clerk Certificate And Pin To Borough Deputy Clerk Lina Cruz ADOPTED 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 ADOPTED Ordinance No. FY2023-15 Amending Title 7 Elections, Chapter 7.40 Canvassing And Certification Of Election Returns, Section 7.40.010 Canvass Of Returns ADVANCED 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 To Public Hearing At The Next Regular Meeting Of The Assembly Of April 20, 2023 ADVANCED 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 to public hearing at the next regular meeting of the Assembly of April 20, 2023 ACCEPTED The Resignation Of Ms. Aimee Williams As Mayor Of The Kodiak Island Borough And Declare The Office Of The Mayor Vacant Effective April 30, 2023 CONFIRMED The Mayoral Appointment To The Cook Inlet Regional Citizens Advisory Council (CIRCAC) Board Of Directors Borough Seat (Mr. Scott Arndt) For A Three -Year Term To Expire March 2026 APPROVED 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 APPROVED AND AUTHORIZED An Emergency Expense Related To The Replacement Chiller Compressor -B At the Providence Kodiak Island Medical Center Facility Beyond The Manager's Spending Authority In The Amount Of $47,402.40 DISCUSSED The Filling Of The Mayoral Seat Vacancy And DIRECTED The Borough Clerk To Start The Application Process For The Seat View our website: Visit our Facebook page: Follow us on www.kodiakak.us www.facebook.com/KodiakislandBorough Twitter: @KodiakBorough 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. 32 April 07, 2023 At Its Regular Meeting Of April 06, 2023, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On April 20, 2023, At 6:30 p.m. In The Borough Assembly Chambers. PRESENTED The Certified Municipal Clerk Certificate And Pin To Borough Deputy Clerk Lina Cruz ADOPTED 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 ADOPTED Ordinance No. FY2023-15 Amending Title 7 Elections, Chapter 7.40 Canvassing And Certification Of Election Returns, Section 7.40.010 Canvass Of Returns ADVANCED 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 To Public Hearing At The Next Regular Meeting Of The Assembly Of April 20, 2023 ADVANCED 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 to public hearing at the next regular meeting of the Assembly of April 20, 2023 ACCEPTED The Resignation Of Ms. Aimee Williams As Mayor Of The Kodiak Island Borough And Declare The Office Of The Mayor Vacant Effective April 30, 2023 CONFIRMED The Mayoral Appointment To The Cook Inlet Regional Citizens Advisory Council (CIRCAC) Board Of Directors Borough Seat (Mr. Scott Arndt) For A Three-Year Term To Expire March 2026 APPROVED 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 APPROVED AND AUTHORIZED An Emergency Expense Related To The Replacement Chiller Compressor -B At the Providence Kodiak Island Medical Center Facility Beyond The Manager's Spending Authority In The Amount Of $47,402.40 DISCUSSED The Filling Of The Mayoral Seat Vacancy And DIRECTED The Borough Clerk To Start The Application Process For The Seat