Loading...
2023-04-20 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, April 20, 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 YouTube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the 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. [:�E_1WW00T%1we] 0►TAIl0[us I: 111•19 A. Special Meeting Minutes of March 30, 2023 and Regular Meeting 4-16 Minutes of April 6, 2023 Minutes Binder 7. CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202 8. AWARDS AND PRESENTATIONS A. Proclamation Declaring The Month Of May 2023 Building Safety 17-18 Month Agenda Item Report - Pdf 9. COMMITTEE REPORTS 10. PUBLIC HEARING Page 0 of 72 A. Ordinance No. FY2023-16 An Ordinance Of The Assembly Of 19-25 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 Agenda Item Report - Pdf B. Ordinance No. FY2023-17 Amending The Kodiak Island Borough 26-30 Personnel Rules And Regulations, 2022 Edition, To Reflect Changes In The Moving Expenses For New Employee Section 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 Z471121►197_1:a►12►JI:1NLy1011MO. I 14.A. CONTRACTS 14.13. RESOLUTIONS 1. Resolution No. FY2023-24 Approving The Native Village 31 -38 Of Karluk And The Karluk IRA Tribal Council As An Unincorporated Community For Participation In The FY24 Community Assistance Program Aaenda Item Report - Pdf 2. Resolution No. FY2023-25 Authorizing The Borough 39-66 Manager To Enter Into A Memorandum Of Agreement For Participation In The Alaska Healthy & Equitable Communities Program Aaenda Item Reaort - Pdf 14.C. ORDINANCES FOR INTRODUCTION 14.D. OTHER ITEMS 1. Nomination Of Ouzinkie Mayor Elijah Jackson For The 67-70 Kodiak Village Mayors Association Seat On Prince William Sound Regional Citizens' Advisory Council Board Of Directors Aaenda Item Resort - Pdf 15. CITIZENS' COMMENTS 16. ASSEMBLY MEMBERS' COMMENTS Page 1 of 72 17. EXECUTIVE SESSION A. Discussion Of Confidential Attorney -Client Privileged 71 Communications Relating To The Manager Appointment With Borough Attorney Scott Brandt -Erichsen Agenda Item Report - Pdf 18. ADJOURNMENT 19. INFORMATIONAL MATERIALS A. REPORTS 72 FY2023 Annual Records Destruction Report 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 72 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Special Meeting March 30, 2023 A special meeting of the Kodiak Island Borough Assembly was held on March 30, 2023, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:47 p.m. Staff present were Interim Borough Manager David Conrad, Finance Director Dora Cross, Borough Clerk Nova M. Javier, and Assistant Clerk Irene Arellano. ROLL CALL Present were Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Larry LeDoux, Geoffrey Smith, and James Turner. LEDOUX moved to excuse Mayor Williams who is out on personal leave and Assembly member Smiley who is out on medical leave. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, LeDoux, Smith, and Turner. CITIZENS COMMENTS None. CONSIDERATION OF MATTER(S) IN THE CALL FOR THE SPECIAL MEETING A. EXECUTIVE SESSION Discussion Of Matters Involving Negotiations With the IBEW LEDOUX moved to convene into executive session to discuss matters involving negotiations with the IBEW under the authority of KIBC 2.30.030(F) (1)(d) for the purpose of confidential communications with, and providing direction to, the Borough's representative regarding negotiations with the IBEW. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, LeDoux, Smith, Turner, and Arndt. LEDOUX moved to invite the Assembly members, Borough Clerk Nova Javier, Finance Director Dora Cross, and Interim Borough Manager David Conrad into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Smith, Turner, Arndt, and Delgado. After the vote, Assembly Member Arndt recessed the special meeting and convened the executive session at 7:50 p.m. Upon returning from the executive session, Assembly Member Arndt reconvened the special meeting at 8:30 p.m. and announced that no action was taken as a result of the Kodiak Island Borough March 30, 2023 Assembly Special Meeting Minutes Page 1 of 2 Special Meeting Minutes of March 30, 2023 and Regular Meeting Minutes of... Page 4 of 71 AGENDA ITEM #6.A. executive session and direction was given to the Interim Borough Manager to proceed with the negotiations process. ADJOURNMENT SMITH moved to adjourn the meeting at 8:31 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Aimee Williams, Mayor Kodiak Island Borough March 30, 2023 ATTEST: Nova M. Javier, Borough Clerk Assembly Special Meeting Minutes Page 2 of 2 Special Meeting Minutes of March 30, 2023 and Regular Meeting Minutes of... Page 5 of 71 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting April 6, 2023 A regular meeting of the Kodiak Island Borough Assembly was held on April 6, 2023, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Administrative Official Jenna Hassinger, 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 Mayor Williams led the Pledge of Allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Mayor Aimee Williams, Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Larry Ledoux, Geoffrey Smith, Scott Smiley, and James Turner. ARNDT moved to excuse Assembly member Smiley who is out on medical leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES A. Regular Meeting Minutes Of March 16, 2023. 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Craig Johnson • Ryan Sharratt • Annika Woods Kodiak Island Borough April 6, 2023 Assembly Regular Meeting Minutes Page 1 of 11 Special Meeting Minutes of March 30, 2023 and Regular Meeting Minutes of... Page 6 of 71 AGENDA ITEM #6.A. 8. AWARDS AND PRESENTATIONS 1. Presentation Of The Certified Municipal Clerk Designation To Borough Deputy Clerk Lina Cruz Mayor Williams presented the Certified Municipal Clerk Certificate and Pin to Borough Deputy Clerk Lina Cruz. 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. 9. COMMITTEE REPORTS 10. PUBLIC HEARING Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, Chapter 180 Signs, Section 17.180.010 Signs, Description And Intent To Require Zoning Compliance Permits For Certain Signs ARNDT moved to adopt Ordinance No. FY2023-13. 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. KI BC 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. Kodiak Island Borough April 6, 2023 Assembly Regular Meeting Minutes Page 2 of 11 Special Meeting Minutes of March 30, 2023 and Regular Meeting Minutes of... Page 7 of 71 AGENDA ITEM #6.A. However, as shown in the agenda 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 of February 22, 2023. Mayor Williams closed the regular meeting and opened the public hearing. Hearing and seeing none, Mayor Williams closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Ledoux, Smith, and Turner. 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 ARNDT moved to adopt Ordinance No. FY2023-15. 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 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 the Clerk's 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. Mayor Williams closed the regular meeting and opened the public hearing. Hearing and seeing none, Mayor Williams closed the public hearing and reconvened the regular meeting. Kodiak Island Borough April 6, 2023 Assembly Regular Meeting Minutes Page 3 of 11 Special Meeting Minutes of March 30, 2023 and Regular Meeting Minutes of... Page 8 of 71 AGENDA ITEM #6.A. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado Griffin, Ledoux, Smith, Turner, and Arndt. 11. BOROUGH MANAGER'S REPORT Administrative Official Jenna Hassinger reported on the following: 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 SD1 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. Kodiak Island Borough April 6, 2023 Assembly Regular Meeting Minutes Page 4 of 11 Special Meeting Minutes of March 30, 2023 and Regular Meeting Minutes of... Page 9 of 71 AGENDA ITEM #6.A. 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:OOpm. • 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. Kodiak Island Borough April 6, 2023 Assembly Regular Meeting Minutes Page 5 of 11 Special Meeting Minutes of March 30, 2023 and Regular Meeting Minutes of... Page 10 of 71 AGENDA ITEM #6.A. • Foreclosures Process — For real properties with delinquent 2021 tax balances, the Borough will file for a Clerks Deed on June 6. A 30 -day notice will be sent to property owners and published in the newspaper beginning May 5. • 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. 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS — None. 14.B. RESOLUTIONS — None. 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 Kodiak Island Borough April 6, 2023 Assembly Regular Meeting Minutes Page 6 of 11 Special Meeting Minutes of March 30, 2023 and Regular Meeting Minutes of... Page 11 of 71 AGENDA ITEM #6.A. ARNDT moved to advance Ordinance No. FY2023-16 to public hearing at the next regular meeting of the Assembly of April 20, 2023. 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. It is recommended that the initial terms of the two additional seats be staggered to make the appointments compliant with KIBC 4.15.030. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Ledoux, Smith, Turner, Arndt, and Delgado. 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 ARNDT moved to advance Ordinance No. FY2023-17 to public hearing at the next regular meeting of the Assembly. In recognition that it is getting increasingly difficult to hire staff locally and the Borough is 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 losing them to other entities. The first change would be to make the standard offer of one month's salary for moving expenses approvable by the Manger and not the Assembly (any requested expense greater than one month's salary would 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. Kodiak Island Borough April 6, 2023 Assembly Regular Meeting Minutes Page 7 of 11 Special Meeting Minutes of March 30, 2023 and Regular Meeting Minutes of... Page 12 of 71 AGENDA ITEM #6.A. The recent difficulty in hiring for a PC Tech I position (an entry level position that has been unfilled since the passing of John Rhines 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 month's salary. Most applicants would not wait that long for entities to extend an offer after an interview and would take another job. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ledoux, Smith, Turner, Arndt, Delgado, and Griffin. 14.D. OTHER ITEMS 1. Acceptance Of Ms. Aimee Williams Resignation As Mayor Of The Kodiak Island Borough ARNDT moved 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. 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 resigned 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. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Turner, Arndt, Delgado, Griffin, and Ledoux. 2. Confirmation Of The Mayoral Appointment To The Cook Inlet Regional Citizens Advisory Council (CIRCAC) Board Of Directors Borough Seat (Mr. Scott Arndt) LEDOUX moved 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. Kodiak Island Borough April 6, 2023 Assembly Regular Meeting Minutes Page 8 of 11 Special Meeting Minutes of March 30, 2023 and Regular Meeting Minutes of... Page 13 of 71 AGENDA ITEM #6.A. 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. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Delgado, Griffin, Ledoux, and Smith. 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 ARNDT moved 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. 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. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Ledoux, Smith, and Turner. 4. Approval And Authorization Of An Emergency Expense Related To The Replacement Chiller Compressor - B At the Providence Kodiak Island Medical Center Facility ARNDT moved 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 has been informed that the compressor associated with the chiller at the hospital has failed. Although there is discussion regarding the replacement of Kodiak Island Borough April 6, 2023 Assembly Regular Meeting Minutes Page 9 of 11 Special Meeting Minutes of March 30, 2023 and Regular Meeting Minutes of... Page 14 of 71 AGENDA ITEM #6.A. 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. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Ledoux, Smith, Turner, and Arndt. 5. Assembly Discussion Pertaining To Filling The Mayoral Seat Vacancy 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. 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 resigned 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. GRIFFIN moved to direct the Borough Clerk to start the application process for the Mayoral vacancy seat. Kodiak Island Borough April 6, 2023 Assembly Regular Meeting Minutes Page 10 of 11 Special Meeting Minutes of March 30, 2023 and Regular Meeting Minutes of... Page 15 of 71 AGENDA ITEM #6.A. ROLL CALL VOTE ON THE MOTION CARRIED THREE TO THREE: Griffin, Ledoux, and Smith (AYES); Turner, Arndt, Delgado (NOES); Mayor Williams broke the tie and voted in favor of the motion. 15. CITIZENS' COMMENTS The following spoke under citizen's comments: • Ryan Sharratt • Annika Woods 16. ASSEMBLY MEMBERS' COMMENTS • Assembly Member Turner expressed his opinions pertaining to filling the Mayoral seat vacancy. He thinks we should have a Special Election. • Assembly Member Delgado urged citizens to apply for Mayoral seat vacancy and expressed his thoughts regarding the upcoming Assembly seats. He would like to see more people apply and be able to see a truer representation of the Borough as a whole. He encouraged the public to get involved. • Assembly Member Griffin thanked staff and congratulated Deputy Clerk Lina Cruz on her accomplishments. He also expressed his interest in maintaining transparency during the Mayoral seat vacancy process and suggested changes be made into the code. • Assembly Member Smith thanked citizens that reached out to him about various topics throughout the week and expressed gratitude towards them taking the time to express their views on things. He also announced he would not be running for a second term on the Assembly and urged more people to run for public office. • Assembly Member Arndt congratulated Deputy Clerk Lina Cruz. • Assembly Member Ledoux mentioned his appreciation towards Borough Clerk Nova Javier for all that she does including mentoring and helping her staff move forward. He was pleased that the Peterson roof project had gone out to bid and thanked Interim Dave Conrad and his staff for getting that moving forward. 17. ADJOURNMENT ARNDT moved to adjourn the meeting at 7:24 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Aimee Williams, Borough Mayor Kodiak Island Borough April 6, 2023 ATTEST: Nova M. Javier, Borough Clerk Assembly Regular Meeting Minutes Page 11 of 11 Special Meeting Minutes of March 30, 2023 and Regular Meeting Minutes of... Page 16 of 71 AGENDA ITEM #8.A. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 20, 2023 ASSEMBLY REGULAR MEETING SUBJECT: Proclamation Declaring The Month Of May 2023 Building Safety Month ORIGINATOR: Aimee Williams, Borough Mayor RECOMMENDATION: Mayor Williams proclaims the month of May 2023 as Building Safety Month. DISCUSSION: Each year, in observance of Building Safety Month, people all over the world are asked to consider the commitment to improve building safety, resilience, and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus, and federal agencies in protecting lives and property. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Proclamation Declaring The Month Of May 2023 Building Safety Month Page 17 of 71 AGENDA ITEM #8.A. N���i ir. d n �a > U �. �{�7rFZ• r ���' �¢� '�'y��i� 9rr1r1Yr•c __: S.��p'r ��} 19,.��.� �E�' �_'r �.. u_��A" '.ffi �w-. �"R.'t" ' Office of the Mayor ,g AA �= Kodiak Island Borough, Kodiak Alaska l� 4 Prodamatfon DECLARING THE MONTH OF MAY 2023 AS BUILDING SAFETY MONTH 2i WHEREAS, Alaskans are committed to recognizing that our growth and strength depends on the safety and essential role our homes, buildings, and infrastructure play, both in everyday life and when disasters strike; and WHEREAS, our confidence in the resilience of these buildings that make up our community is achieved through the devotion of vigilant guardians who are dedicated members of the International Code Council, a nonprofit that brings together local, state, territorial, tribal, and federal officials who are experts in the built environment to create and implement the highest - quality codes to protect us in the buildings where we live, learn, work, and play; and WHEREAS, our communities benefit economically and technologically from using modern, up-to-date codes and standards which include safeguards to protect the public from hazards such as hurricanes, snowstorms, tornadoes, wildland fires, floods, and earthquakes; and,e WHEREAS, Building Safety Month is sponsored by the International Code Council to remind ° the public about the critical role of our communities' largely unknown protectors of public safety, our local code officials, who assure us of safe, sustainable, and affordable buildings that are essential to our prosperity; and 0 WHEREAS, "It Starts with YOU!' the theme for Building Safety Month 2023, encourages all Alaskans to raise awareness about personal, local, and global building safety; and WHEREAS, each year, in observance of Building Safety Month, people all over the world are asked to consider the commitment to improve building safety, resilience, and economic investment at home and in the community, and to acknowledge the essential service provided to ® all of us by local and state building departments, fire prevention bureaus, and federal agencies in 4 protecting lives and property. NOW, THEREFORE, 1, Aimee Williams, Mayor of the Kodiak Island Borough do hereby proclaim the month of May 2023 s Building Safety Month. ® In witness whereof, I have hereunto set my and cause this seal to� be i ed "I9I � Aimee Williams, Mayor {®} AT ST: + ' Nova M. Javier ,(jMjf M� C Bor ugh Clerk Proclamation Declaring The Month Of May 2023 Building Safety Month Page 18 of 71 AGENDA ITEM #10.A. KODIAK ISLAND BOROUGH STAFF REPORT .;}. APRIL 20, 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 adopt Ordinance No. FY2023-16. 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. 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 19 of 71 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. FY2023-16 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 20 of 71 AGENDA ITEM #10.A. 46 Nova M. Javier, MMC, Borough Clerk 47 Introduced by: Manager 48 First reading: 04/06/2023 49 Second reading/public hearing: 04/20/2023 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 21 of 71 AGENDA ITEM #10.A. 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 22 of 71 AGENDA ITEM #10.A. 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 23 of 71 AGENDA ITEM #10.A. 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 24 of 71 AGENDA ITEM #10.A. 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 25 of 71 AGENDA ITEM #10.B. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 20, 2023 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 adopt Ordinance No. FY2023-17. 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 26 of 71 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. FY2023-17 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 27 of 71 AGENDA ITEM #10.B. 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: 04/06/2023 59 Second reading/public hearing: 04/20/2023 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 28 of 71 AGENDA ITEM #10.B. 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 29 of 71 AGENDA ITEM #10.B. 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 30 of 71 AGENDA ITEM #14.8.1. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 20, 2023 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2023-24 Approving The Native Village Of Karluk And The Karluk IRA Tribal Council As An Unincorporated Community For Participation In The FY24 Community Assistance Program ORIGINATOR: Dora Cross, Finance Director RECOMMENDATION: Move to adopt Resolution No. FY2023-24. DISCUSSION: This resolution certifies the Native Village of Karluk as an unincorporated community of the Kodiak Island Borough and confirms they meet the Community Assistance Program eligibility criteria established under AS 29.60.865 - AS 29.60.879 and 3 AAC 180.110. The Assembly is certifying two of the State's programs criteria; a minimum population of 25 and that at least three services are provided to residents. Proof that those criteria have been met are attached. • The Department of Commerce, Community, and Economic Development (DCCED) statement that they have determined the population of The Native Village of Karluk at 28 residents, and • A signed Requirement and Certification Application from the Karluk IRA Tribal Council indicating they provide three of the seven identified services. ALTERNATIVES: FISCAL IMPACT: $0 fiscal impact to the Borough since this is pass through money from the the State of Alaska, however an estimated $15,789 fiscal impact for the Native Village of Karluk. OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2023-24 Approving The Native Village Of Karluk And The ... Page 31 of 71 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 46 47 48 49 AGENDA ITEM #14.6.1. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2023-24 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPROVING CERTAIN UNINCORPORATED COMMUNITIES AND THEIR RESPECTIVE NATIVE VILLAGE COUNCIL AND/OR INCORPORATED NONPROFIT ENTITY FOR PARTICIPATION IN THE FY2024 COMMUNITY ASSISTANCE PROGRAM WHEREAS, AS 29.60.865 and 3 AAC 180.010 requires the assembly of a borough or unified municipality to adopt a resolution identifying those unincorporated communities located within their municipal boundaries that the assembly determines meet the Community Assistance Program eligibility criteria established under AS 29.60.865, AS 29.60.879, and 3 AAC 180.110; and WHEREAS, the unincorporated community has either a Native village council or incorporated nonprofit entity that will agree to receive and spend the Community Assistance payment for the public benefit of the unincorporated community; and WHEREAS, the unincorporated community has 25 or more residents residing as a social unit; and WHEREAS, at least three of the following services; fire protection, emergency medical, water and sewer, solid waste management, public road or ice road maintenance, public health, and search and rescue; are generally available to all residents of the unincorporated community and each of the three services, in any combination, are provided by one or more qualifying Native village council or incorporated nonprofit entity or are substantially paid for by the residents of the unincorporated community through taxes, charges, or assessments levied or authorized by the borough or unified municipality. NOW, THEREFORE, BE IT RESOLVED THAT the Assembly, by this resolution, hereby certifies that the following unincorporated communities and their respective Native village council or incorporated nonprofit entity are eligible for funding under the FY24 Community Assistance Program. Unincorporated Community Native village council or nonprofit entity Native Village of Karluk Karluk IRA Tribal Council ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2023 KODIAK ISLAND BOROUGH Aimee Williams, Mayor VOTES: Ayes: Noes: Resolution No. FY2023-24 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 1 of 1 Resolution No. FY2023-24 Approving The Native Village Of Karluk And The ... Page 32 of 71 AGENDA ITEM #14.6.1. FY 2024 COMMUNITY ASSISTANCE PROGRAM REQUIREMENTS AND CERTIFICATION UNICORPORATED COMMUNITY APPLICATION StJBIVIISSI N DF, DI_.:INE: MARCH 21, 2023 N 1NIE OI(bn)[nunitti CONJACi" NAME Nathe. N it hge orlxariuk, Kariul< IRA Tribol Council MAILING ADDRESS Po Box 22 CON7:A("1" Eb7 ILAIHJR3�S'S�`m� Vrkk1L,lMWpp�� LIV(u, Zcco( CZ n'1 LIPCODF: CONITAC"I'1'IJONI,!& V %\N('NIBER Karluk-,AK 99608 -7 i-22.--'xD' ACKN LEDGE THE REQUIREMENTS BY CHECKING OR INITIALING EACH BOX: The community assistance payment will be used only for a public purpose as required under AS 29.60.850(a) and the unincorporated community agrees to make available a service or facility with the funds under AS 29.60.85.5 - 29.60.879 to every person in the community. ff'Tbeunincorporated community will maintain, as required by 3 AAC 180.010 (4), all records relating to receipt and expenditure of a community assistance payment for at least three years, or longer if there is an unresolved faudit finding, questioned costs, litigation or agrievance. d /I A statement of expenditures of the prior year's communityassistance payment and a budget form for current C _1 years application. 01"list of Services (minimum of three required): „ Fire Protection Public Road or Ice Road Maintenance Emergency Medial Public Health Water and Sewer _Search and .Rescue Solid Waste Management CERTIFICATION: As the highest ranking official, I certify the Karluk IRA ribal Council understands the (Name ol'unincornoruted Community) requirements for receiving the community assistance payment and agrees to comply with all laws and regulations governing the c n1unity assistance finds. Signature Date A6651l� d��ci trt b�cV AW Printed. Name and'I We Resolution No. FY2023-24 Approving The Native Village Of Karluk And The ... Page 33 of 71 AGENDA ITEM #14.8.1. FY 2024 COMM UNITY ASSISTANCE PROGRAM Program Proposed CAP Budget SUBMISSION DEADLINE: MARCH 21, 2023 Karluk. IRA Tribal Council. Name of Unincorporated Community Please detail below how your organization proposes to use its estimated FY2024 Community Assistance Program payment. FUEL $ -gqI , ELECTRICITY INSURANCE EDUCATION $ EMS $ WATER rSEWER $ PUBLIC SAFETY $ FIRE $ ROAD MAINTENANC[ $ HARBORS $ HEALTH $ �oOCi GENERAL ADMINISTRATION $ OTHER $ OTHER $ OTHER $ FY2024 ESTIMATED PAYMENT $ 15,789 Resolution No. FY2023-24 Approving The Native Village Of Karluk And The ... Page 34 of 71 AGENDA ITEM #14.6.1. FY 2024 COMMUNI. YASSISTANCE PROGRAM Statement of Expenditures for Prior Year Payment &.18MISSION DEADLINE: MARCH 21, 2023 Karluk IRA Tribal Council Name of Unincorporated Community Please detail below how your organization utilized the FY2023 Community Assistance Payment. FUEL $ ELECTRICITY % INSURANCE IS, EDUCATION $— EMS $ WATER /SEWER j DOO PUBLIC SAFETY $ FIRE oce — ROAD MAINTENANC[ $ HARBORS $ HEALTH GENERAL ADMINISTRATION $ OTHER OTHER OTHER $ SAVINGS/NOT SPENT S der FY2023 TOTAL, PAYMENT $ 15,989 Resolution No. FY2023-24 Approving The Native Village Of Karluk And The ... Page 35 of 71 AGENDA ITEM #14.6.1. Dora Cross From: Haymaker, Judy L (CED) <judy.haymaker@alaska.gov> Sent: Thursday, February 2, 2023 12:45 PM To: Dora Cross; Bourne, Pauletta A (CED) Cc: Phillips, Kimberly A (CED) Subject: RE: KIB - Unincorporated Community - Native Village of Karluk Good afternoon Dora I am showing the population for Karluk CDP is at 28 Judy Haymaker, Grants Administrator State of Alaska — DCCED/DCRA 455 3rd Avenue, Suite 140 Fairbanks, AK 99701 Phone: (907) 451-2731 Fax: (907) 451-2742 Email: iudy.haymaker@alaska.gov From: Dora Cross <dcross@kodiakak.us> Sent: Wednesday, February 1, 2023 10:27 AM To: Bourne, Pauletta A (CED) <pauletta.bourne@alaska.gov>; Haymaker, Judy L (CED) <judy.haymaker@alaska.gov> Subject: FW: KIB - Unincorporated Community - Native Village of Karluk You don't often get email from dcross@kodiakak.us. Learn why this is important CAUTION: This email originated from outside the State of Alaska mail system. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I received an out of office notice for Ms. Phillips and hope one of you can answer my question in her absence. I need to know what you have determined the population of our unincorporated community, Native Village of Karluk, to be. Thank you, Dora Cross Finance Director Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 907.486.9320 PUBLIC RECORDS 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. Resolution No. FY2023-24 Approving The Native Village Of Karluk And The ... Page 36 of 71 AGENDA ITEM #14.6.1. Eligibility Requirements for Unincorporated Communities Located Within Boroughs and Unified Municipalities Alaska Statutes AS 29.60.865 -.879 and Alaska Administrative Code 3 AAC 180.010 Sec. 29.60.865. Eligibility requirements for reserves and communities. (a) The department, with advice from the Department of Law, shall determine whether there is in each community or reserve an incorporated nonprofit entity or a Native village council that will agree to receive and spend the community assistance payment. If there is more than one qualified entity in a reserve or community in the unorganized borough, the department shall pay the money to the entity that the department finds most qualified to receive and spend the money on behalf of the reserve or community. The department may not make a community assistance payment to a Native village council unless the council waives immunity from suit for claims arising out of activities of the council related to the payment. A waiver of immunity from suit under this section must be on a form provided by the Department of Law. If there is no qualified incorporated nonprofit entity or Native village council in a reserve or community that is willing to receive the community assistance payment and use the payment on behalf of that reserve or community, the payment for that reserve or community may not be paid. Neither this section nor any action taken under it enlarges or diminishes the governmental authority or jurisdiction of a Native village council. (b) The department may make a community assistance payment on behalf of a community in a borough or unified municipality only to the municipality for payment by the municipality to an incorporated nonprofit entity or Native village council that has been approved by the assembly and meets the requirements of (a) of this section. The department shall have written evidence of the assembly approval. If there is more than one qualified entity in a community in a borough or unified municipality, one of the entities may receive the entire payment, or the payment may be shared between two or more of the qualified entities, as determined by the assembly. (c) A community in a borough or unified municipality is eligible for a community assistance payment only if at least three of the following services are generally available to all residents of the community and each of the three services, in any combination, are provided by one or more qualifying incorporated nonprofit entities or a Native village council or are substantially paid for by the residents of the community through taxes, charges, or assessments levied or authorized by the borough or unified municipality: (1) fire protection; (2) emergency medical; (3) water and sewer; (4) solid waste management; (5) public road or ice road maintenance; (6) public health; (7) search and rescue. Sec. 29.60.879. Definitions. In AS 29.60.850 - 29.60.879 (1) "community" means a place in the unorganized borough, in a borough, or in a unified municipality that is not incorporated as a municipality, that is not a reserve, and in which 25 or more individuals reside as a social unit; (2) "reserve" means a place that is organized under federal law as an Indian reserve that existed before enactment of 43 U.S.C. 1618(a) and is continued in existence under that subsection. Resolution No. FY2023-24 Approving The Native Village Of Karluk And The ... Page 37 of 71 AGENDA ITEM #14.8.1. 3 AAC 180.010(b) and (c) (b) In addition to making the certification and agreement on the form provided under (a) of this section, a borough or unified municipality that will receive community assistance payments on behalf of communities in the borough or unified municipality must (1) submit to the department a resolution adopted by the assembly that clearly identifies (A) the communities that the borough or unified municipality has determined meet the eligibility criteria under AS 29.60.865, 29.60.879, and 3 AAC 180.110; and (B) the village councilor incorporated nonprofit entity located within each community listed under (A) of this paragraph that the borough or unified municipality has approved as the recipient of the community assistance payment; and (2) certify that at least three of the services required under AS 29.60.865(c) are generally available to all residents of the community. (c) In addition to making the certification and agreement on the form provided under (a) of this section and receiving any identification required under (b) of this section, a reserve or village council must submit to the department a waiver of sovereign immunity in accordance with AS 29.60.865(a) and 3 AAC 180.130. Resolution No. FY2023-24 Approving The Native Village Of Karluk And The ... Page 38 of 71 AGENDA ITEM #14.6.2. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 20, 2023 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2023-25 Authorizing the Borough Manager To Enter Into A Memorandum Of Agreement For Participation In The Alaska Healthy & Equitable Communities Program ORIGINATOR: Dora Cross, Finance Director RECOMMENDATION: Move to adopt Resolution No. FY2023-25. DISCUSSION: The State of Alaska Department of Health and Social Services, Division of Public Health has a grant opportunity for local Alaskan governments through the Healthy & Equitable Communities Program. This program supports activities and strategies that promote and build healthy & equitable communities. Eligible activities must have an emphasis on high risk, underserved or disproportionately affected population groups and must include activities that: • Ensure a fair and adequate baseline of care is established • Increase/improve data collection and reporting • Build, leverage or expand infrastructure support • Mobilize partners to build and promote healthy and equitable communities • Improve access to COVID-19 and other vaccines. The Kodiak Island Borough is eligible for up to $260,000, less funds claimed by other municipalities in the borough. Staff has submitted a request to the State Department of Health and has received approval to use the funds towards the study of the local hospital and local care providers to improve resident and patient care. ALTERNATIVES: Not authorize the Manager to sign the MOA and not receive up to $260,000 of grant funding. FISCAL IMPACT: Cost estimate for the Health Facilities Study is $290,000. Receipt of $260,000 of grant funds would reduce the Borough cost of the study to around $30,000. OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 39 of 71 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 #14.6.2. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2023-25 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING THE BOROUGH MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT FOR PARTICIPATION IN THE ALASKA HEALTHY & EQUITABLE COMMUNITIES PROGRAM WHEREAS, the State of Alaska Department of Health and Social Services, Division of Public Health is providing funding to Alaskan local governments through the Healthy & Equitable Communities Program; and WHEREAS, this funding will support the following activities and strategies to promote and build healthy & equitable communities where activities must have an emphasis on high risk, underserved, or disproportionately affected population groups: • Ensure a fair and adequate baseline of care is established • Increase/improve data collection and reporting • Build, leverage, or expand infrastructure support • Mobilize partners to build and promote healthy and equitable communities • Improve access to COVID-19 and other vaccines; and WHEREAS, the Kodiak Island Borough is eligible for up to $260,000 less funds claimed by other municipalities in the borough; and WHEREAS, staff has submitted a request to the State Department of Health and received approval to use the funds to conduct a study of the local hospital and local care providers to improve resident and patient care. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Borough Manager is authorized to enter into a memorandum of agreement for participation in the Alaska Healthy & Equitable Communities Program. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2023 KODIAK ISLAND BOROUGH Aimee Williams, Mayor VOTES: Ayes: Noes: Resolution No. FY2023-25 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 1 of 1 Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 40 of 71 THE STATE ALASKA GOVERNOR MIKE DUNLEAVY Healthy & Equitable Communities Memorandum of Agreement (MOA), Between State of Alaska — Department of Health Division of Public Health (DPH) -and- Kodiak Island Borough MOA # C0622-584-0 Amendment 1 PURPOSE AND SCOPE AGENDA ITEM #14.6.2. Department of Health DIVISION OF PUBLIC HEALTH Director's Office P.O. Box 110610 Juneau, Alaska 99811-06 1 9811-061 0 Main: 907.465.3090 Fax: 907.465.4632 The State of Alaska, Dept of Health, Division of Public Health will provide funding to Alaskan local governments in support of creating and sustaining healthy and equitable communities around the state. Funding will support the following activities and strategies to promote and build healthy & equitable communities around the state. All funded activities must have an emphasis on high risk, underserved population groups. • Ensure a fair and adequate baseline of care is established for populations at higher risk that are underserved and who are disproportionately impacted by COVID-19 by expanding existing or developing new mitigation and prevention resources and services; • Increase/improve data collection and reporting for populations disproportionately affected by COVID-19 to guide current and future pandemic response; • Build, leverage or expand infrastructure support for COVID-19 or future pandemic prevention and control among populations that are at higher risk or underserved; • Mobilize partners to build and promote healthy and equitable communities, improving everyone's opportunities for living a healthy life, particularly those who are disproportionately impacted by COVID-19; • Improve access to COVID-19 vaccine, as well as other necessary vaccines, for individuals who are higher risk or underserved. II. THE STATE OF ALASKA DIVISION OF PUBLIC HEALTH (DPH) AGREES TO: Provide support to the community for COVID-19 response and mitigation activities. The Healthy & Equitable Communities Project Team is available to consult and provide technical assistance to government entities for health equity funds and to pre -approve pass-through recipients of award funding. The team will also ensure that approved activities meet the funding requirements. DPH agrees to provide $260,996 in funds in accordance with the terms of this agreement. Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 41 of 71 AGENDA ITEM #14.6.2. III. KODIAK ISLAND BOROUGH AGREES TO: Conduct the services as described in the attached application and proposal response. (Application for Round 2 funding follows the last page of this MOA Amendment.) Invoicing The recipient will submit quarterly invoices detailing services performed. Quarterly invoices should be supported with completed reporting templates and any applicable backup documentation such as receipts, payroll information, sub award agreements, etc. Invoices are due January 15, April 15, July 15, and October 15 for each quarter. The invoice must: • Reference the recipient's name, address, and phone number • Reference the contract number: C0622-584-0 • Include the government entity's invoice number • Reference the Alaska Division of Public Health — Healthy & Equitable Communities MOA Send invoices to: doh.publichealth@alaska.gov (reference "C0622-584-0 MOA Reimbursement Request" in the subject line) Failure to include the required information on invoices may cause an unavoidable delay to the payment process. The State will pay all invoices within thirty (30) days of invoice approval by the project director. The recipient shall submit final invoices no later than 30 days after the MOA expires. REPORTING: Reporting requirements will be due at the same time as invoices. Payment will not be issued unless necessary reporting is attached. Reporting requirements will be determined during the MOA preparation and will be dependent upon the type of activities selected. Entities are encouraged to collaborate with hospitals, schools, and community organizations to improve the outcomes for their population. Any projects that will be collecting data may have additional reporting requirements. Initial information about the project will be needed, including: • Who is collecting data? • Why is data being collected? • What communities/populations are being researched? • What type of data is being collected? • Estimated timeframe of data collection • How will this data be used? IV. JOINT RESPONSIBILITIES: Should there be a conflict amongst the documents, the following order of precedence shall apply: first, this agreement; second, the application; third, the proposal. Both parties agree to communicate timely and effectively as needed to support the goals of this agreement. Points of contact for both parties are as follows: State of Alaska — DPH: Primary Points of Contact: Judy Holland, Project Director Judy.Holland@alaska.gov 907/334-2669 Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 42 of 71 Alyssa McKenzie, Project Coordinator Alyssa.Mckenzie@aIaska.gov 907-744-4976 Send invoices to: doh.publichealth@alaska.gov (reference "C0622-584-0 MOA Reimbursement Request" in the subject line) Kodiak Island Borough: Primary Point of Contact Finance Point of Contact: David Conrad dconrad@kodiakak.us 907/486-9304 Dora Cross dcross@kodiakak.us 907/486-9320 AGENDA ITEM #14.6.2. V. PERIOD OF AGREEMENT AND TERMINATION: This agreement will be in effect from the date of execution through May 31, 2024. The services may extend beyond that date by mutual agreement of both parties. Any extension provided will be for time only; no additional funds will be offered. VI. SIGNATURES: By signature of the below, both parties agree to the terms of this MOA. BY: � 7 dy I*UAid Judy Holla d, DOH Project Director BY: BY: BY: Kodiak Island Borough Christy Lawton, DPH Acting Dlrector Matthew Meienberg, DOH Procurement Specialist DATE: March 31, 2023 DATE: DATE: DATE: Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 43 of 71 AGENDA ITEM #14.6.2. Healthy and Equitable Communities Memorandum of Agreement Application Primary Contact Information: (Please make sure to include name, phone number, email and physical address for all contacts listed.) Program Contact: David Conrad Phone number: 907-486-9340 Email: dconrad@kodiakak.us Physical Address: 710 Mill Bay Road, Kodiak, AK 99615 Finance Contact: Dora Cross Phone number: 907-486-9320 Email: dcross@kodiakak.us Physical Address: 710 Mill Bay Road, Kodiak, AK 99615 Other Contact that needs to sign/be listed on the Memorandum of Agreement (MOA): Contact: Phone number: Email: Physical Address: Please list communities and partners intended to be part of this funding, either through subawards or support. Community/Partner Name(s): Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 44 of 71 AGENDA ITEM #14.6.2. SCOPE and AMOUNTS: Please check activities from the menu below. In the final box, indicate the dollar amount anticipated. All activities selected must have an emphasis on high risk, underserved population groups. Menu of Activities 1. Ensure a fair and adequate baseline of care is established for populations who are disproportionately impacted by COVID-19 by expanding existing or developing new mitigation and prevention resources and services targeted at higher risk, underserved Alaskans: Expand reach of case investigation and contact tracing Enhance availability of supportive services that enable individuals to successfully isolate or quarantine Collaborate with community groups who can connect people at higher risk for COVID 19 with community services Improve access to vaccination information and services Reduce the rate of preventable hospitalizations by improving access to primary and preventative care Improve/increase access to health insurance Provide new or improved access to mental health services or provide education for/destigmatize existing services Provide/improve access to substance use disorder treatment/tobacco cessation resources or provide education for/destigmatize existing services Adopt strategies in the built environment that can mitigate the impact of COVID-19, for example establishing new pedestrian zones to minimize crowding and encourage physical activity Assess and adapt health policies, for example food service guidelines, to ensure they reach higher risk underserved Alaskans Other activities (Please describe in the box below) If there is not sufficient space to provide details of activities selected and proposed budget, please attach a spreadsheet or addendum to your application. Total Depending on activities selected, reporting requirements may include some or all of the following measures: 1.1 Number of COVID-19 mitigation and prevention resources and services delivered in support of populations that are underserved and disproportionately affected. 1.2 Number of COVID-19 tests completed by test type, results, and race and ethnicity 1.3 Caseload, number of cases per case investigator, and number of contacts per contact tracer during the data collection period Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 45 of 71 AGENDA ITEM #14.6.2. Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 46 of 71 2. Increase/improve data collection and reporting for populations disproportionately affected by COVID-19 to guide current and future pandemic response: Educate health care providers and community partners on the importance for collection of race, ethnicity, and other priority data elements Enhance the ability of electronic health records (EHR) systems to collect data on age, race, sex, and other differences among patients in health care systems Upgrade interoperability of health systems to comply with HL7 standards to report data elements including age, race, sex, and other priority data elements Provide training for staff on new/upgraded EHR systems Support staff who can enhance reporting of COVID-19 data to include race, ethnicity, sex, and other priority data elements Develop and disseminate data and other information materials to be culturally and linguistically appropriate for local audiences Other activities (Please describe in the box below) If there is not sufficient space to provide details of activities selected and proposed budget, please attach a spreadsheet or addendum to your application. Total: Depending on activities selected, reporting requirements may include the following measure: 2.1: Number of improvements to data collection, quality, and reporting capacity for recipients, partners and agencies related to disproportionate health impacts of COVID-19. Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 46 of 71 AGENDA ITEM #14.6.2. Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 47 of 71 3. Build, leverage or expand infrastructure support for COVID-19 or future pandemic prevention and control with a focus on populations that are at higher risk and underserved: Establish or enhance local staffing or coalitions to that focus on improving COVID-19 or other health outcomes for these populations Develop or update local plans to improve health outcomes for higher risk underserved Alaskans Expand local capacity to offer targeted testing and contact tracing Improve local Continuity of Operations Plans (COOP) and exercises to prioritize higher risk underserved Alaskans Improve plans for use of community facilities to include better spaces for social distancing, isolation and quarantine Update plans for community shelter locations to ensure they are ADA compliant or can facilitate hosting health care pods including testing and vaccinations Increase/improve access to facilities/community spaces that promote health and physical activity and serve high-risk populations Provide training to local/regional public health or health workforce to better serve the needs of higher risk underserved Alaskans Hire health or public health workforce who are equipped to assess and address the needs of higher risk underserved Alaskans, for example trusted community members or community health workers X Other activities (Please describe in the box below) If there is not sufficient space to provide details of activities selected and proposed budget, please attach a spreadsheet or addendum to your application. Kodiak Hospital Space Planning and Design The Kodiak Island Borough proposes to utilize Healthy and Equitable Communities funds to conduct a study of the local Borough owned health care facilities to determine what structural and programmatic changes are necessary to improve patient capacity, air handling for negative pressure spaces, modern medical services and expanded patient care. The study will include public input as well as discussions with all relevant health care providers (Providence, Kodiak Community Health Center, etc.). Total: up to $260,996 Depending on activities selected, reporting requirements may include the following measure: 3.1: Number of improvements to infrastructure to address disproportionate health impacts of COVID-19. Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 47 of 71 AGENDA ITEM #14.6.2. Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 48 of 71 4. Mobilize partners to build and enhance community social supports targeted towards those who are disproportionately impacted by COVID-19: Tailor local testing, contact tracing, and quarantine practices and programs to be culturally or linguistically appropriate for targeted populations Develop and support local or regional advisory groups that have representation from higher risk underserved populations to inform emergency response activities Build partnerships with local health and non health agencies (for example housing, transportation providers, food security, churches, community health workers, social workers) to implement strategies that decrease risk for COVID-19 Develop and distribute COVID-19 prevention communication materials and messaging that are understood and resonate with local higher risk and underserved groups Identify and establish relationships with agencies who serve higher risk underserved groups to share information and improve access to services that prevent COVID-19 Other activities (Please describe in the box below) If there is not sufficient space to provide details of activities selected and proposed budget, please attach a spreadsheet or addendum to your application. Tota I: Depending on activities selected, reporting requirements may include the following measure: 4.1: Number and proportion of new, expanded, or existing partnerships mobilized to address disproportionate health impacts of COVID-19. Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 48 of 71 AGENDA ITEM #14.6.2. Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 49 of 71 S. Improve access to COVID-19 vaccine, as well as other necessary vaccines, for individuals who are higher risk or underserved: ❑ Increase local health care capacity for providing vaccinations ❑ Hire additional staff to support administration of vaccines and to promote easily accessible health education ❑ Increase capacity for mobile vaccine delivery ❑ Increase the number of children, adolescents, and adults receiving all ACIP -recommended vaccines ❑ Other activities (Please describe in the box below) If there is not sufficient space to provide details of activities selected and proposed budget, please attach a spreadsheet or addendum to your application. Tota I: Depending on activities selected, reporting requirements may include the following measure: 5.1: Provide a description of the work and successes/challenges of COVID-19 vaccine -related activities (e.g., number of vaccine clinics, number of mobile vaccine clinics, number of pop-up clinics). Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 49 of 71 AGENDA ITEM #14.6.2. Jensen Yorba Wall Inc. 522 West 10th Street, Juneau, Alaska 99801 907.586.1070 jensenyorbawall.com Designing Community Since 1935 Date: March 29, 2023 To: Dave Conrad, KIB Engineering and Facilities Director From: Corey Wall Re: Providence Kodiak Island Medical Center/ Kodiak Community Health Clinic (1YW No. 18014) Space Programming and Concept Fee Proposals Thank you for contacting us about the next steps in developing renewal / replacement / expansion options for the Providence Kodiak Island Medical Center (PKIMC) and Kodiak Community Health Clinic (KCHC). Previously, our facility assessment work for PKIMC focused mostly on the physical condition of the building and its systems. Moving forward into conceptual plan development, it will be essential to understand the sizes and functions of the existing spaces within the buildings and how they are likely to change over the lifespan of the proposed new developments. This analysis will help the design team "right -size" the new conceptual options as well as provide valuable information for the PKIMC and KCHC management for future planning. To provide this space programming and conceptual work, we have teamed with regional healthcare experts DLR Group/Salus. DLR's attachments to this proposal outline the work in detail. Generally, the scope of this proposal is: • Establish an in-depth understanding of the Current State of PKIMC / KCMC. o Development of an accurate current space program from detailed Building Information Modeling of the existing building. o Interviews to understand the staff, administration, and community perspectives. o 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. The fee proposal includes one robust site visit from the DLR group for an on-site investigation and 3P Workshop which will take about a week. JYW has included an additional trip for follow-up and in-person presentations. The attached fee proposal is a Time and Expense Estimate Cap. We are confident we can provide the services outlined within the cap, but will work with you if the scope and fees should be adjusted as the project progresses. Final deliverable will be a Master Plan with graphics and cost information as detailed in the attachments. Jensen Yorba Wall Architecture Interior Design Construction page 1 of 1 Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 50 of 71 m 0 0 c 0 Z 0 DESIGN SERVICES PROPOSAL PROGRAMING/CONCEPT DESIGN SERVICES Project: PKIMC / KCHC Space Planning & Concepts JYW Proiect No.: 18014 Current State Meetings 24 Information Gathering 8 Review Facility Assess 6 Code Review 16 Ops Assess & Analysis 32 Future State Workshop 40 Future Needs Develop Concept Options 20 Refine Concept Options 16 Presentation 4 Final Concept 18 Program 12 Master Plan Master Plan Graphics 16 Presentation 4 Report & Graphics 40 Final Presentation 4 Weekly Meetings 15 Subtotal Hours 275 Subtotal Dollars $ 49,225 01 01 01 01 01 01 01 0 PKIMC KCHC Space Planning and Concepts.xlsx-10 Pre -Des 6 Jensen Yorba Wall Inc. 20 1 40 20 20 16 16 18 18 12 12 20 20 20 20 0 1 0 1 0 1 126 1 146 1 0 1 0 1 0 1 547 0 1 0 1 0 112,600 113,140 1 0 1 0 1 0 $74,965 CONSULTANTS: Health Care Consultants (DLR) $160,480 Structural Engineering $5,000 Cost Estimating $15,901 Subtotal $181,381 Overhead/Profit 8% $14,510 Total $195,891 3/29/2023 1 m O c 0 z O DESIGN SERVICES PROPOSAL Rate $0 $0 $0 $0 $0 Jensen"' $0 REIMBURSABLE EXPENSES $0 CD's Rate $0 $0 $0 Yorba $0 JYW Project No.: PKIMC / I Space Planning & Concepts $0 $0 $0 POSTAGE/COURIER Rate Wall EME $0 $0 $0 $0 $0 $0 $0 $0 $0 iia Rate JYW Project No.. 18014 NINE $0 $0 $0 $0 $0 $0 $0 $0 TRAVEL III $0 $0 $0 $0 $0 $0 $0 Arch Trip,31 $0 0 0 0 0 0 0 0 3 costi $1, 1.11 $5,025.001 50.00 $0.001 $0.001 50.00 $0.001 $0.001 $0.00 $5,025 Civil Trips 0 0 0 0 0 0 0 0 0 cost $o $0.00 $0.00 $0.00 $0.001 $0.001 $0.001 $0.001 $0.00 $o Struct Trips 0 0 0 0 0 0 0 01 0 Cost $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 Mech Trips 01 0 0 0 0 0 0 0 0 Cost $0 $0.001 $0.001 $0.001 $0.001 50.001 $0.001 $0.001 $0.00 $0 Elect Trips 0 0 0 0 0 0 0 0 0 cost $o $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 Planning Trips 1 0 0 0 0 0 0 0 1 Cost $16,000 $16,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $16,000 Subtotal 1 $21,025 $0 $0 $0 $0 $0 $0 $0 $21,025 PER DIEM PRINTING/COPYING SCANS Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 CD's Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 POSTAGE/COURIER Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 MISSCELANEOUS Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 ENGIN REIMB Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 RENDERINGS Rate $o $0 $0 $o $0 $0 $o $0 $0 OH/P 8r $1,682 $o $0 $0 $0 $0 $0 $o $1,682 PKIMC KCHC Space Planning and Concepts.xlsx-Reimb 14 3/29/2023 AGENDA ITEM #14.6.2. L D L RG ROU P I SALUS Providence Kodiak Island Medical Center EXHIBIT A: SCOPE OF WORK Our proposal focuses on hospital and ambulatory facility needs within Providence Kodiak Island Medical Center (PKIMC) and Kodiak Community Health Center (KCHC) with a diligent eye on the improvement of current and future operations, code verification of current facilities; leverage of technology innovations, and telemedicine opportunities; lean operational opportunities to reduce healthcare delivery costs and enhance outcomes; improved patient experience; improved physician and staff satisfaction and retention; and meeting evolving community needs. Our proposed approach outlines a process that infuses the expertise of lean specialists into health care facility planning, programming, and design. Our proposal addresses the following key questions: • What is the right balance in inpatient and outpatient services and what is the best care delivery model for PKIMC and KCHC • What is the "hospital of the future" for the Kodiak Island community? • How does the existing hospital, together with its ambulatory care partners, support the future operating plan? If not, what else needs to be built and remodeled to address its full needs? To answer these questions, we propose a FOUR -part process described below. • Current State: Information gathering • Future State: LEAN 3P concept plan - See Exhibit B • Future Needs: Refining the plan • Master Development Plan: Report assembly CURRENT STATE 1. Current Perspectives We will interview a select group of the administrative team and key representatives of the Board (Steering Committee) to develop a high-level understanding of community needs and community perception. Our goal is to gain a high level of understanding surrounding the history, diversity and expectations of the communities served by PKIMC and KCHC. Critical Success Factors: We will collaborate with the select group to establish a set of Critical Success Factors which will serve as criteria to evaluate and compare design alternatives. Criteria will address strategic initiatives such as growth potential, health system transformation processes, and the triple aim of improved population health, enhanced customer experience, and systemic lower costs. For example, critical success factors may address: • Operating Costs • Capital Costs • Medical and Surgical Specialties • Revenues and Payer Mix • Growth • Quality • Service • Value • Innovation • Responsiveness/Timeliness • Provider network interrelationships Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 53 of 71 AGENDA ITEM #14.6.2. Providence Kodiak Island Medical Center EXHIBIT A: SCOPE OF WORK Page 2 • Asset Utilization • Risk • Others to be determined. 2. Kodiak Hospital and its Clinic Condition Analysis Our team will focus on staffing, utilization, patient flow, process flow and service configuration. Our main purpose is to identify strengths and weaknesses that need to be addressed in the future operating plan and facility plan. We will interview key hospital department personnel to identify functional and operational constraints the building imposes on the delivery of care. We will review possible remedial actions that will eliminate or significantly improve operating functionality. As part of the overall analysis and master plan, we will consider the potential of onsite expansion, offsite expansions or a total replacement on a green field site which does not have the restriction imposed by the existing site. The initial information gathering will include: • Zoning, Building, and Health Facilities Code (FGI) compliance • Review of the Facility Assessment identifying well-functioning portions and those requiring upgrade or replacement • Review of the existing site including potential building expansion options • Study of on-site expansion possibilities if additional contiguous land can be acquired and contrast against Greenfield Site Options • Site access, parking, and visual appeal/presence • Identification of overall short term and long-term limitations due to architectural and structural impediments or other site/building related factors Current Operations Assessment: We propose to infuse traditional space planning activities with lean perspectives and analyses. We will examine current interdepartmental workflows, analyze how well current technologies support core competencies across hospital operations. Specifically, we will: • Identify opportunities and limitations to improve the patient care satisfaction/experience • Perform a functional and operational analyses of existing facilities to determine what is working and what is not • Explore realistic pathways to correct operational issues through better facility design and/or new models of care • Identify issues impacting the flows of patients, staff, data, supplies, etc. • Identify functional constraints on current and future healthcare delivery models imposed by the existing design • Identify operational cost impacts which negatively impact the bottom line Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 54 of 71 AGENDA ITEM #14.6.2. Providence Kodiak Island Medical Center EXHIBIT A: SCOPE OF WORK Page 3 FUTURE STATE 1. Health Care Market Assessment and Business Strategy The health system is rapidly changing which will seriously impact decisions around future facility needs. It is critical that we reach a common understanding of what is likely to be the future business strategy of Providence Kodiak Island Medical Center and KCHC. This phase of the work will take into account items such as: • Health Care Transformation Trends and Analysis • Technology Trends • Provider Recruitment • Alternative Models of Care • Use of Lean Practices in Healthcare • Growth Potential Operating Assumptions: As we move into functional and space programming, it will be necessary for the Steering Committee to guide us upon specific drivers and assumptions around the future operating model for PKIMC and KCHC in the region. On the ambulatory side, this includes access issues such as service and program location, schedulable hours, and throughput. It should include emerging operational imperatives such as new health care delivery models for patient centered primary care home, care coordination and chronic conditions management, and emphasis on transitions of care to reduce readmissions and preventable emergency room visits. We will study customer service expectations related to tangible needs such as parking, access, as well as intangibles such as patient emotional outcomes including the value of time spent with providers, engagement in patient education, integration with behavioral health, and the ease of health system navigation. 2. Projections We will refer to the detailed volume projections for inpatient and ambulatory services provided by the system (or added as a separate service). The projections should reflect underlying demographics and future utilization assumptions. The projections will be detailed, including inpatient beds by bed type, delineation of providers by specialty, system -wide staff (clinic, administration, support), inpatient and ambulatory ancillary services (operating rooms, ED, lab, exam rooms, radiology, etc.), parking, and support spaces. The projections will drive the space programs for the health system. This information should include items such as: • Population Demographics • Historical and Projected Utilization Trends and Assumptions • Projections o Providers by Specialty o Staff (Clinic, Hospital, Administration, and Coordinators) o Beds o Exam Rooms o ORs o EDs Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 55 of 71 AGENDA ITEM #14.6.2. Providence Kodiak Island Medical Center EXHIBIT A: SCOPE OF WORK Page 4 o D & T Ancillaries o Other FACILITY NEEDS 1. Space Program The space program will assess facility configurations and program locations. The space program will be of sufficient detail to prepare high-level capital cost estimates and to launch the architectural design process. Detailed, room -by -room programming will occur once pre -design decisions are complete. This Phase will include items such as: • Alternatives by Facility Type (Hospital, Clinics, Network) • Program Configuration and Space Needs • Site Opportunities and Constraints 2. Capital Costs The high-level capital cost estimates will address site acquisition, construction, and soft costs. We will evaluate the costs as well as the space program and operating plan against the critical success factors in order to provide structure around key growth and development decisions. The deliverable will include selection of the recommended program and facility configuration for the network. This Phase will include items such as: • Construction • Soft Costs (IT, medical equipment) • Selection of Recommended Space/Facility Configuration 3. Prioritization, Schedule, and Sequencing Once the recommended capital costs, space program, operating plan, and site plans are complete, it will be possible to create a phasing plan for scheduling and sequencing the construction projects. This will include prioritizing construction at each portion of the site. If needed, this will also include repurposing existing facilities that no longer provide efficient value to the network. MASTER DEVELOPMENT PLAN 1. Concept Design/Master Development Plan The Master Plan will be generate based on the 3P selected alternative, the approved Space Program and Development direction selected by PKIMC and KCHC Steering Committee. The Planning Team will further develop the selected concept plan, which will include a possible alternative sites for cost/benefit analysis. This phase of the study will include items such as: • Further Physical Definition of the proposed projects (Hospital, Clinics, Other) • Site studies showing the overall development of the master plan including site access, parking, building foot print, and massing studies • Evaluation and development of building configurations and structural systems that will maximize the potential to adapt the facility to future delivery system requirements (create Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 56 of 71 AGENDA ITEM #14.6.2. Providence Kodiak Island Medical Center EXHIBIT A: SCOPE OF WORK Page 5 buildings that optimize efficiency in layout and are easily adaptable/expandable to meet future demand) • Evaluation of internal and exterior flow to optimize the patient experience and to optimize "back of house" systems supporting the delivery of care (patient, staff, materials flow and the development of onstage/offstage concepts in care delivery) • Evaluation of Lean Operating Approach and building configurations which will reduce the cost of care, improve outcomes, and improve through -put • Development of Patient Focused Care Model and identification of patient care amenities • Develop 3-D renderings of the building exterior, entrances and key interior spaces that illustrate the design intent and look/feel of the building. • Refine Capital Cost Estimates based on the master plan design and performance specifications, including a phasing plan • Develop a Power Point Presentation for presentation to the Community • Develop a Master Plan digital document that details the project objectives, healthcare delivery system programs, physical features of the projects, implementation schedule, and that defines the project capital costs 2. Level of Study Our work plan for each step of the study is designed to provide a level of study from a 30,000 - foot Strategic Level down to the Macro Level of information needed to analyze alternatives and to develop a high-level master plan. This level of work represents what is needed to develop a comprehensive plan that can be supported by the board and presented to the community. During the work, we may identify areas where further study would be desirable. Professional fees exclude reimbursable expense and services beyond those proposed herein. Graphical representation will be of a professional caliber as needed to communicate the development concept and alternatives. Professional Rendering, Videos and Professional Models when/if requested for can be provided as an additional service. It is anticipated that this level of presentation will be developed as part of the follow on design services. DATA REQUEST AND PROPOSED SCHEDULE Our proposed schedule assumes a start date of June 13, 2022. Please see Exhibit C for the detailed schedule of meetings and phase completions. The schedule assumes efficient use of consultant resources and a non -recitative process based on approvals received at scheduled project meetings and other progress milestones. Exhibit D outlines our initial data request. It is critical that we receive the information requested at least one week prior to the scheduled meetings. Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 57 of 71 AGENDA ITEM #14.6.2. L DLRG ROU P I SALUS Providence Kodiak Island Medical Center EXHIBIT B: LEAN 3P FOR MASTER PLANNING AND FUTURE SCENARIOS The 3P workshop is the Lean process most appropriate to handle broad issues, such as master and strategic planning. The workshop is a concise method (1 week) of reachingjoint decisions on complex issues with a multiplicity of factors impacting its outcome. A 3P is used for design innovation and to ensure that the patient and family customers as well as front line staff and providers have the opportunity to provide input on spaces that meet their needs. Using 3P for master planning allows the participation of various department leaders to give their feedback about critical adjacencies and flow throughout the facility and in the larger setting of the facility, which includes the neighborhood. Further, they can support the thoughtful placement of parking and the flow of amenities for better future use of the facility. In addition to traditional 3P scenarios related to flow and future uses based on sound medical planning, our team will include scenario planning to address the uncertainties in the future. Buildings last for decades and presumptions about how the future will unfold can change based on our current world, which is VUCA - Volatile, Uncertain, Complex and Ambiguous. Many organizations use scenario planning to address this uncertainty. In master planning scenarios we not only look at trends we know but delve into options based on the most critical uncertainties and determine what triggers alternative planning for these pivot points. As part of our master planning, we will look at the growth of telehealth and its impact on designing future health services. We will also look at the demographic patterns that are emerging in the surrounding communities as well as the communities who must travel to the facility from the surrounding region. Recently, the social determinants of health have impacted the health needs of Alaskan populations. Increased isolation caused by COVID has increased the need for behavioral health intervention and dramatically increased the portion of the population considered pre -diabetic. Master Planning includes the role this facility plays in the overall Kodiak Health approach to community health needs. 3P for Master Planning and Future Scenarios Day 1 - Defining how the facility fits into the mission, vision, and values of Kodiak Health. Reviewing the health services data as well as the flexibility of the facility based on options for its future uses. Understanding the full spectrum of stakeholders, consumers, and providers who will potentially use the facility and any unique challenges they may face, such as transportation, ice and snow, transportation, and security. A panel of stakeholders may be used to further support an understanding of local needs and priorities. The team will review potential desired strategic outcomes and measures for those outcomes. For scenario planning, we will present health trends and initial programming ideas based on projected health needs. The team will explore the realistic options that exist as well as the barriers that exist based on physical limitations and "monuments" - that is, features that do not make economic sense to move or change use, such as elevators and at times intensive infrastructure areas such as radiology, labs and kitchen facilities. Day 2 - Future design options are explored in an ideal framework to encourage people to think outside of current parameters. The team will be challenged to set aside standard thinking and look at the current facilities from a variety of points of view. Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 58 of 71 AGENDA ITEM #14.6.2. Providence Kodiak Island Medical Center EXHIBIT B: LEAN 3P FOR MASTER PLANNING AND FUTURE SCENARIOS Page 2 To continue scenario planning we will define what the critical uncertainties maybe that will have the greatest impact on future uses. These uncertainties will be prioritized and placed in a matrix and stories about these future options will be defined. We will look at options for how other facilities of similar nature have solved similar challenges. We will look at both quantitative and qualitative data about such options when such information is available to us. Day 3 - Ideas from the ideal state that are determined to be feasible are integrated into a discrete set of options determined realistic. The options will be further evaluated in terms of the numbers of phases, timeline and costs, as well as how closely the options achieve the organization's strategic options. For scenario planning, the stories will be further defined and pivot points in the future that will impact whether those uncertainties will come to pass will be defined. Where future options are dependent on certain process improvements those improvements will be defined and placed on a rough calendar along with responsible persons and participants in those future events. Day 4 - Selections will be made and presented to the stakeholders in time for that feedback to impact the final planning. Final planning will include a selection for future uses, the impact of phases, timelines and costs, as well as where critical uncertainties may impact or generate necessary shifts in uses. A master planning calendar will be generated with integrated pivot points for scenarios and the ideal timing of process improvement workshops to inform the larger design plan. The team will then consolidate a report and present it to a larger group of stakeholders and leaders in the organization. Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 59 of 71 m cn O c 0 Z O N O N W N D C O N m W O 1 O C c� 3 v v c� CD O M CD O 9 N cn a) O 0 y L D L R G R O U P I SA LU S Providence Kodiak Island Medical Center Master Plan Exhibit C: Schedule ID pp Task ITask Name Duration Work Start Finish w.R Mode �# Kodiak Healthcare - Program & Concept 78.75 days 1,050.67 hrs Mon 6/12/23 Thu 9/28/23 Current State 23 days 372.67 hrs Mon 6/12/23 Wed 7/12/23 0: w. Scheduling meetings 15 days 30.67 hrs Mon 6/12/23 Sat 7/1/23 Information gathering 2 wks 96 hrs Mon 6/12/23 Fri 6/23/23 Initial Mtg w/ Steering Committee 4 hrs 12 hrs Mon 7/3/23 Mon 7/3/23 Study facility assessment 1 wk 20 hrs Mon 7/3/23 Mon 7/10/23 Code review 2 days 32 hrs Mon 7/3/23 Wed 7/5/23 Operational Assessment 8 days 96 hrs Mon 7/3/23 Wed 7/12/23 Ops Assessment on site 3 days 64 hrs Mon 7/3/23 Wed 7/5/23 Ops Assessment analysis 5 days 32 hrs Thu 7/6/23 Wed 7/12/23 Projections 11 days 86 hrs Mon 6/26/23 Mon 7/10/23 :r Projections development 1 wk 60 hrs Mon 6/26/23 Fri 6/30/23 �# Confirm projections w/ ops 5 days 26 hrs Tue 7/4/23 Mon 7/10/23 �} Future State: LEAN 3P 5 days 160 hrs Mon 7/10/23 Fri 7/14/23 �� Workshop 40 hrs 160 hrs Mon 7/10/23 Fri 7/14/23 Future Needs: Plan Refinement 30.5 days 316 hrs Mon 7/17/23 Mon 8/28/23 �i �# Develop concept alternatives 10 days 100 hrs Mon 7/17/23 Fri 7/28/23 �} Refine options 10 days 48 hrs Mon 7/31/23 Fri 8/11/23 �� Meeting to select preferred 4 hrs 8 hrs Mon 8/14/23 Mon 8/14/23 :r Generate concept plan 10 days 72 hrs Mon 8/14/23 Mon 8/28/23 �# Program and Cost 20 days 88 hrs Mon 7/17/23 Fri 8/11/23 �} Initial program 10 days 56 hrs Mon 7/17/23 Fri 7/28/23 �� Refine program 2 wks 32 hrs Mon 7/31/23 Fri 8/11/23 Master Plan 33.75 days 170 hrs Mon 8/14/23 Thu 9/28/23Masi,r :. �# Master Plan Graphics 13 days 68 hrs Mon 8/14/23 Wed 8/30/23 �} Present Master Plan 0.5 days 8 hrs Thu 8/31/23 Thu 8/31/23 Finalize Report 20.25 days 94 hrs Thu 8/31/23 Thu 9/28/23 Write Report 5 days 40 hrs Thu 8/31/23 Thu 9/7/23 Develop graphics 20 days 52 hrs Thu 8/31/23 Thu 9/28/23 Deliver report 2 hrs 2 hrs Thu 9/28/23 Thu 9/28/23 Weekly online meeting 75.13 days 32 hrs Tue 6/13/23 Tue 9/26/23 9 16 23 May 30 7 14 21 28 June 4 11 18 25 July Au ust September 2 9 16 23 30 6 1 13 20 27 3 10 17 24 October 1 8 15 22 1 iak Healthcare - Program & Concept 2 Current State 3 O Owner, Project Arch,Frurn �er,Project Arch,Frum 4 5 7 3 6 Frum 7 OperationalAssessment LFrum,Project rch 8 9 Frum,Project Arch 10 - Frum,Lean Expert 11 Projections t;�Ia ner 12 13 Planner,Le n Expert,Frum 14 u ure State: LEAN P 15 Fu ur Needs: IanRefinement Fru ,L n pe ,O ne ,P ject Arch 16 17 ro'ect rc ,Fr m 18 Fru ,P of t Arch 19 8t14 c je t Ar h,FrunI 20 21 Program a d C st 22 ru ,P je t Arch 23 Pan la ne Fr rn 24 25 can Ex ert, ro ct rch, ru 26 ru ,Pr jec A c 27 F nali e Report :rum,Proj'el Arc 28 29 ru ,Pr jec Arc 30 roj ct rch 31 I I I I I I I I I I I I I I I Project: Kodiak Health Program Date: Thu 3/23/23 Task Project Summary I Manual Task h I Start -only E Deadline Split Inactive Task Duration -only Finish -only 7 Progress Milestone ♦ Inactive Milestone Manual Summary Rollup External Tasks Manual Progress Summary ii Inactive Summary Manual Summary External Milestone Page 1 AGENDA ITEM #14.6.2. L D L RG RO U P I SA LUS Providence Kodiak Island Medical Center EXHIBIT D: INITIAL DATA REQUEST A. Strategic and Operational Document Request List 1. Departmental Interviews: List of Interviewees and scheduled times a. 8-10 key administrative personnel and Commissioners b. Allow for 60 minutes per person 2. Historical Utilization Data for past 3 years a. Inpatient Discharges and Patient Days i. Medical Surgical ii. Obstetrics iii. Critical Care iv. Other 3. Inpatient Surgeries by Specialty and Length of Case a. Outpatient Surgeries by Specialty and Length of Case b. Emergency Department visits by level 1, 2, 3, 4 c. Emergency Department average length of stay for discharged and admitted patients d. Average and maximum times to assign inpatient bed e. Clinic Visits by Specialty f. Ancillary Department Volumes 4. Organizational Chart 5. Staffing (FTEs) by department, including clinics, by shift or day -part 6. Medical Staff roster by specialty 7. Strategic Plan 8. Demographic Data on regional catchment area 9. Outline of strategic and operational concerns we should be aware of 10. Existing operational improvement plans or summaries B. Facility Documents Request List 1. Existing Conditions Documentation - digital files a. As -built drawings of site(s) as currently developed (parking, roadways, utilities, topography, landscaped areas, etc.). b. As -built drawings for hospital and other buildings on site c. As -built drawings for Ambulatory Care Clinic d. Existing Hospital Facility Plan with Medicare/Medicaid Departmental boundaries and area calculations (Excel area calculation preferred if available). Room by room names would be also beneficial if available on your documentation. e. Prior Master Plans and or site/facility studies if relevant to our work. 2. Studies and Reports a. Geotechnical studies completed in conjunction with prior building projects. Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 61 of 71 AGENDA ITEM #14.6.2. Providence Kodiak Island Medical Center Exhibit D: Initial Data Request Page 2 b. Any relevant information on rezoning actions and/or Land Use Planning studies/actions related to the hospital and clinical sites or adjacent parcels of interest. c. We will need to contact the appropriate building and zoning departments to meet the appropriate regulatory agencies to obtain current building code, land use codes and long range planning documents. Please let us know of any sensitive issues we should be aware of and if you would like a hospital representative to accompany us. Confidentiality of the details of our work will be maintained during our initial contacts until such a time as you authorize discussion of project specifics. d. JACHO (or similar) survey issues if any, as related to the current operation and facility condition. e. Prior Master Plans and or Site/Facility Studies if relevant to our work Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 62 of 71 Jensen Yorba Wall, Inc. 522 West 10th Street Juneau, Alaska 99801 Attn: Corey Wall 4103 Minnesota Drive Anchorage, AK 99503 P: 907.561.1653 F: 907.562.0420 mail@hmsalaska.com Project: Kodiak Island Medical Center Location: Kodiak, Alaska 1. Project Description and Service AGENDA ITEM #14.6.2. DATE 4/22/2022 FEE PROPOSAL NO. P22-04-20 (Rev. 1) HMS PROJECT NO. N/A Provide estimates for multiple options for renovation or additions at the Medical Center. Estimates would be grouped in three phases as listed below and used for determining ROM costs for various concept scopes of work. • ROM costs for Medical Center additions or renovations likely by narrative only. Concepts may include an interior 10,000 SF renovation up to demolition of the existing 32,000 SF building and replacement with a new multi -story 44,000 SF building. Three to four large concept estimates would be provided in this portion of the work • Refine estimates from the initial ROM costs with updated narratives and block -diagram sketches. Three estimates are likely with a combination of demolition, renovation, and construction of new buildings. Roughly 20,000 SF to 50,000 SF of total construction • Final concept estimate of chosen design with updated narratives and block -diagram sketches. Size likely about the same as second set of estimates. 20.000 SF to 50.000 SF. The estimates will be prepared in Uniformat Elemental Categories. 2. Fee Breakdown and Schedule (Lump Sum) ROM Concept Estimates $ 2,586.00 Within (5) Full Working Days Refined Concept ROM Estimates 4,927.00 Within (7) Full Working Days Chosen Design ROM Estimate 8,388.00 Within (7) Full Working Days TOTAL FEE: $ 15,901.00 Should any phase of estimating be omitted from this proposal, HMS reserves the right to increase fee for subsequent estimate by 10% to 30% depending upon the additional level of effort. Also, add two extra days to the schedule for completion of the estimate. The above fee does not include preparation of additive bid items or alternates. See 3. Terms below. Allow the above full working days to provide the proposed services. Time for task completion will begin following receipt of all available design information for that particular phase. Please note the above durations exclude weekends, holidays and partial days. Please give two weeks advance notice for commencing each phase of work. Page 1 of 4 Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 63 of 71 3. Terms 4103 Minnesota Drive Anchorage, AK 99503 P: 907.561.1653 F: 907.562.0420 mail@hmsalaska.com AGENDA ITEM #14.6.2. DATE 4/22/2022 FEE PROPOSAL NO. P22-04-20 (Rev. 1) HMS PROJECT NO. N/A Deliverable: HMS Inc. will provide a copy of our estimate via email in a PDF file format or in Excel, if necessary. Should a hard copy of the estimate be necessary, at your request, a bound or loose copy will be provided to you. Drawings: Architect/Engineer shall provide HMS Inc. with full size, correct scale drawings, along with an electronic set (PDF format preferred). Should these not be provided, it may be necessary to increase our fee proposal and add additional days to complete our work. Should it be necessary, HMS Inc. has the capability to print one or two drawings, however, depending on the quantity, an additional charge may be added at $4.00/sheet. Additive Bid Items or Alternates: Our fee proposal does not include preparing estimates for additive bid items or alternates (except those included in Section 2 Fee Breakdown) that require re -measurement of work items included in the Base Bid cost estimate. We reserve the right to renegotiate our fee should alternates become necessary beyond one or two minor alternates or additive bid items. Reimbursable Expenses: This fee proposal does not provide for long distance phone calls, site visits, meetings with the owner, or any other unforeseen expenses unless listed in Section 2. Fee Breakdown. Any such items, if required, will be charged on a time -and -expense basis at our current rate schedule. Penalty/Bonus Condition: This proposal is made on the understanding that we will not be entering into an agreement with the client that includes a penalty/bonus condition dependent on the outcome of the bid. Should such a clause be required, we reserve the right to modify our proposal or possibly withdraw from the project. Additional Insured: Any requirements to name additional insureds on our insurance policies may be subject to additional fees should fees be added to our policy by our carrier. Payment Terms: Payment shall be made within (45) days of invoice date. Delayed payment beyond that period is subject to a 1.5% fee per month. Expiration Date: This fee proposal is valid for (6) months from the date of issue. HMS Inc. reserves the right to adjust the fee to incorporate the current years rates after the (6) month period. Change in Scope: Should the project scope or format change, HMS Inc. reserves the right to modify this proposal. Written approval for work on increased scope items prior to proceeding with additional work will be required. Notice to Proceed: Designer/owner will provide written notice to proceed. Delivery of documents is not considered a notice to proceed. Page 2 of 4 Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 64 of 71 3. Terms (Continued) Prepared By: Rob Brown, Estimator RB/kh 4103 Minnesota Drive Anchorage, AK 99503 P: 907.561.1653 F: 907.562.0420 mail@hmsalaska.com Page 3 of 4 AGENDA ITEM #14.6.2. DATE 4/22/2022 FEE PROPOSAL NO. P22-04-20 (Rev. 1) HMS PROJECT NO. N/A Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 65 of 71 4103 Minnesota Drive Anchorage, AK 99503 P: 907.561.1653 F: 907.562.0420 mail@hmsalaska.com AGENDA ITEM #14.6.2. DATE 4/22/2022 FEE PROPOSAL NO. P22-04-20 (Rev. 1) HMS PROJECT NO. N/A FEE BREAKDOWN (2022 SCHEDULE OF RATES) Project: Kodiak Island Medical Center A/E Firm: Jensen Yorba Wall, Inc. Location: Kodiak, Alaska Prepared By: Rob Brown, Estimator Total Total Discipline Rate Hours Subtotal Hours Fee ROM Concept Estimates Estimator V 183.00 x 1 = 183.00 Estimator IV 159.00 x 8 = 1,272.00 Estimator III 149.00 x 5 = 745.00 Estimator II 127.00 x 0 = 0.00 Estimator I 86.00 x 0 = 0.00 Office Support II 86.00 x 3 = 258.00 Office Support I 64.00 x 2 = 128.00 Total ROM Concept Estimates: 19 Hours $ 2,586.00 Refined Concept ROM Estimates: Estimator V 183.00 x 1 = 183.00 Estimator IV 159.00 x 8 = 1,272.00 Estimator III 149.00 x 10 = 1,490.00 Estimator II 127.00 x 8 = 1,016.00 Estimator I 86.00 x 6 = 516.00 Office Support II 86.00 x 3 = 258.00 Office Support 1 64.00 x 3 = 192.00 Total Refined Concept ROM Estimates: 39 Hours $ 4,927.00 Chosen Design ROM Estimate: Estimator V 183.00 x 2 = 366.00 Estimator IV 159.00 x 10 = 1,590.00 Estimator III 149.00 x 18 = 2,682.00 Estimator II 127.00 x 16 = 2,032.00 Estimator I 86.00 x 12 = 1,032.00 Office Support II 86.00 x 5 = 430.00 Office Support I 64.00 x 4 = 256.00 Total Chosen Design ROM Estimate: 67 Hours $ 8,388.00 TOTAL: 125 Hours $ 15,901.00 Page 4 of 4 Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A... Page 66 of 71 AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 20, 2023 r ASSEMBLY REGULAR MEETING SUBJECT: Nomination Of Ouzinkie Mayor Elijah Jackson For The Kodiak Village Mayors Association Seat On Prince William Sound Regional Citizens' Advisory Council Board Of Directors ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to confirm the nomination of Ouzinkie Mayor Elijah Jackson to the Prince William Sound Regional Citizens' Advisory Council Village Mayors Association Seat. DISCUSSION: The individual chosen to represent the Kodiak Village Mayors Association should have an understanding of the needs, concerns, and perspectives of the various villages that make up the Mayors Association, especially issues and concerns related to preventing an oil spill and making sure there is a strong oil spill response system in place should prevention measures fail. The Clerk's Office staff reached out to all the outlying Kodiak communities soliciting candidates for this seat. Mayor Jackson expressed his interest in representing the village communities. Through him, the village communities on Kodiak Island will have a seat at the table and a voice in decisions that impact the safe transportation of oil. It is a unique opportunity to provide advice and recommendations to the oil industry and the regulatory agencies that oversee compliance with state and federal laws related to oil spill prevention and response. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Individuals that have previously served, representing the Kodiak Village Mayors Association: • May 2020 through May 2023 - Elijah Jackson • May 2019 through May 2020 - Conrad Peterson • May 2015 through May 2019 - Melissa Berns • May 2013 through May 2015 - Emil Christiansen • May 2008 through January 2013 - Iver Malutin • March 2000 through May 2008 - Jim Nestic • March 1992 through March 2000 - Charles Christiansen Kodiak Island Borough Nomination Of Ouzinkie Mayor Elijah Jackson For The Kodiak Village Mayor... Page 67 of 71 AGENDA ITEM #14.D.1. LEWILLIAMS0f, RCAC February 9, 2023 Sent via email and USPS mail REGIONAL CITIZENS' ADVISORY COUNCIL Aimee Williams Kodiak Village Mayors' Association www.pwsrcac.org c/o Kodiak Island Borough 710 Mill Bay Road Citizens promoting the Kodiak, AK 99615 environmentally safe operation of the Alyeska terminal and associated Dear Borough Mayor Williams: tankers. The Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) is writing to Members. advise you that Elijah Jackson's term on our Board of Directors expires at the upcoming Alaska State Chamber of Commerce May 4-5, 2023, annual meeting in Valdez. Y g Chugach Alaska Corporation The dedicated seat for the Kodiak Village Mayors' Association is its opportunity g Y pp Y to City of Cordova influence decisions having profound implications for oil transportation safety in Alaska, and for the state's oil spill prevention and response capabilities. We greatly value your past City of Homer participation. City of Kodiak City of Seldovia The Kodiak Village Mayors' Association is best served by a representative who: City of Seward Understands their organization and/or community, its needs, concerns, and City of Valdez perspectives. • Has at least a rudimentary familiarity with oil transportation issues. City of Whittier • Is a resident of Alaska and has a home and work schedule flexible enough to Community of Chenega allow participation and travel. Community ofTatitlek Is committed to our mission of promoting environmentally safe operation of the Cordova District Alyeska terminal and associated tankers; and Fishermen United • Seeks opportunities to foster cooperative and constructive relationships Kenai Peninsula Borough between citizens, industry, and regulatory Y , g Y agencies. Kodiak Island Borough A PWSRCAC director can expect to devote an average of 20 hours a month on PWSRCAC Kodiak Village Mayors Association business. The full Board conducts three in-person 2 -day meetings in January, May, and September. In addition, annual budget and planning meetings are held, as well as special Oil Spill Region Environmental Coalition meetings and opportunities to participate in committees or work groups. PWSRCAC staff Port Graham provides support to board members whenever possible. Corporation Prince William Sound Please notify us in writing, no later than Wednesday, March 20, 2023, of your selected Aquaculture Corporation individual for the Kodiak Village Mayors' Association 's next two-year term on the PWSRCAC board. Ideally, this individual will then be expected to attend our May 4-5, 2023, meeting in Valdez for confirmation and participation. If Elijah Jackson will continue to be your Anchorage representative, we ask that you still notify PWSRCAC in writing. 3709 Spenard Rd, Ste 100 Anchorage, -7 99503 O: (907) 277-7222 If you have further questions about the PWSRCAC or the responsibilities of its directors, Y q p (800) 478-7221 please don't hesitate to call. Thank you for your cooperation, and we look forward to the Kodiak Village Mayors' Association 's continued contribution. Valdez P.O. Box 3089 Sincerely, 130 S. Meals, Ste 202 Valdez, AK 99686 { O: (907) 834-5000 (877)478-7221 J nifer Fleming Executive Assistant Cc via email: Elijah Jackson Nomination Of Ouzinkie Mayor Elijah Jackson For The Kodiak Village Mayor... Page 68 of 71 AGENDA ITEM #14.D.1. From: Fleming. Jennifer To: Nova Javier; Clerks Cc: Aimee Williams Subject: Re: Notification of Expiring Term on PWSRCAC Board of Directors Date: Tuesday, April 4, 2023 12:02:32 PM Hi Nova, I just spoke with Mayor Jackson and he indicated that he is available to continue serving as the Kodiak Village Mayor's Association seat, unless someone else from the association is interested. Mayor Jackson can be reached at 907-680-2251 or by cell at 907-512-9672 to confirm. Please let me know who the selected individual is at your earliest convenience. Thank you, Jennifer Jennifer Fleming PWSRCAC Executive Assistant 0:907.834.5010 C: 907.831.0055 From: Nova Javier <njavier@kodiakak.us> Date: Friday, March 3, 2023 at 12:50 PM To: danmcak@gmail.com <danmcak@gmail.com>, Larsen Bay <cityoflarsenbay@gmail.com>, Marcella Amodo <m.amodo08@gmail.com>, oldharborcitycouncil@gmail.com <oldharborcitycouncil@gmail.com>, clerk@ouzinkie.city <clerk@ouzinkie.city>, Jackson, Elijah <mayor.jackson@ouzinkie.city>, linda.getz@ouzinkie.city <linda.getz@ouzinkie.city>, cityofportlions@gmail.com <cityofportlions@gmail.com>, Karluk Tribal Council <tribalmember@karluktribal.org> Cc: Aimee Williams<aimee.williams@kibassembly.org>, Clerks <Clerks@kodiakak.us>, Fleming, Jennifer <fleming@pwsrcac.org> Subject: Notification of Expiring Term on PWSRCAC Board of Directors DANGER: This message originated from outside the PWSRCAC domain. Do not click on links or open attachments unless you recognize the sender and know the content is safe. Hello everyone and Happy Friday, I have not received a response to this inquiry. If you wish to fill this seat in the future, please contact the Borough Clerk's Office. Thank you, Nova Nova M. Javier, MMC Borough Clerk Nomination Of Ouzinkie Mayor Elijah Jackson For The Kodiak Village Mayor... Page 69 of 71 AGENDA ITEM #14.D.1. PUBLIC RECORDS LAW DISCLOSURE: This email, including any attachments, may be subject to disclosure under the law. From: Nova Javier Sent: Friday, February 10, 2023 4:13 PM To: danmcak@gmail.com; Larsen Bay <cityoflarsenbay@gmail.com>; Marcella Amodo <m.amodo08@gmail.com>; old harborcitycouncil@gmail.com; clerk@ouzinkie.city; mayor.jackson@ouzinkie.city; linda.getz@ouzinkie.city; cityofportlions@gmail.com; Karluk Tribal Council <tribaImember@karluktribal.org> Cc: Aimee Williams <aimee.williams@kibassembly.org>; Clerks <Clerks@kodiakak.us> Subject: Notification of Expiring Term on PWSRCAC Board of Directors Hello everyone, Please see attached correspondence from Prince William Sound RCAC regarding the upcoming vacancy for the Kodiak Village Mayor's Association's seat. Please notify us in writing if you are interested by Friday, February 17. Thank you, Nova Nova M. Javier, MMC Borough Clerk PUBLIC RECORDS LAW DISCLOSURE: This email, including any attachments, may be subject to disclosure under the law. From: Fleming, Jennifer <flemingCcppwsrcac.org> Sent: Friday, February 10, 2023 8:32 AM To: Nova Javier <niavierCcDkodiakak.us> Subject: Re: Notification of Expiring Term on PWSRCAC Board of Directors Hi Nova: The corrected version is attached. Thank you. Jennifer Fleming PWSRCAC Executive Assistant 0:907.834.5010 C: 907.831.0055 Jennifer Fleming, Executive Assistant Prince William Sound Regional Citizens' Advisory Council 0: 907.834.5010 C: 907.831.0055 www.pwsrcac.org Nomination Of Ouzinkie Mayor Elijah Jackson For The Kodiak Village Mayor... Page 70 of 71 AGENDA ITEM W.A. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 20, 2023 r ASSEMBLY REGULAR MEETING SUBJECT: Discussion Of Confidential Attorney -Client Privileged Communications Relating To The Manager Appointment With Borough Attorney Scott Brandt -Erichsen ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: Move to convene into executive session to discuss confidential attorney-client privileged communications relating to the manager appointment under the authority of KIBC 2.30.030 (F)(1)(f). Move to invite the Assembly members, the Clerk's office staff, and the borough attorney (via teleconference) into executive session. DISCUSSION: The Assembly has received confidential written advice from the Borough Attorney regarding the selection and appointment of the Borough Manager. The Assembly wishes to discuss the content of these written communications with the Borough Attorney. After discussion, the Assembly may elect to schedule a subsequent meeting to release attorney privileged opinions to the public related to the Borough Manager selection and appointment in general. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIB Code Title 2 Administration and Personnel Chapter 2.30 Rules of the Assembly F. Executive Sessions. The assembly may meet in executive session, at the call of the mayor, deputy presiding officer, or any four members of the assembly, only during a regular or special meeting, to privately discuss matters of confidential concern to the well-being of the borough government. 1. Upon adoption of a motion stating the purpose for an executive session the assembly in closed session may discuss: (f). Confidential attorney-client communications made for the purpose of facilitating the rendition of professional legal services to the borough. Kodiak Island Borough Discussion Of Confidential Attorney -Client Privileged Communications Rel... Page 71 of 71 m U O U) Records Destruction Report Department Record Total Created Destroy Series & Description Records Series Retention Location AO- AO -08 Onsite: 2 Yrs FY2016 FY2021 Personal Property Assessment Returns F-4-05 ASSESSOR'S Cen.: 4 Yrs OFFICE AO- AO -08 Onsite: 2 Yrs FY2018 FY2023 Personal Property Assessment Returns F-3-04 ASSESSOR'S Cen.: 4 Yrs OFFICE FI - FINANCE FI -15 Onsite: 1 Yrs FY2015 FY2023 Cash receipts filed in daily business envelope w/bank A-7-06 Cen.: 6 Yrs deposit slips remit advise portion of checks, utility bills receipts, and printout of tax payments. November 03, 2014, thru January 30, 2015 FI - FINANCE FI -27 Onsite: 1 Yrs FY2019 FY2023 Payroll Back up Records. Payroll Back up Records F-4-04 Cen.: 2 Yrs 07/2018-06/2019 FI - FINANCE FI -13 Onsite: 1 Yr FY2015 FY2023 Account Payable. Aflac, WageWorks, AK Electrical, ICMA, H-5-08 Cen.: 6 Yrs MassMutual, Standard, Assurant - This box also contains FI -22 Workers Compensation Reports, and Termed Employees Memo ATTORNEY-CLIENT PRIVILEGE DOCUMENT CONFIDENTIALITY WAIVED BY THE ASSEMBLY ON APRIL 20, 2023 To: Mayor and Assembly Cc: Nova Javier, Borough Clerk Dave Conrad, Acting Manager From: Scott Brandt -Erichsen, Borough Attorneyle__'j� Date: April 19, 2023 Re: Manager Appointment Process Questions Question: I was asked by the Clerk to prepare a memorandum suitable for public dissemination summarizing the advice I previously provided regarding the manager appointment process and the interaction between the Alaska Open Meetings Act (OMA) and the process for negotiating a contract with the manager candidate. The specific questions included: 1. Whether the Borough Assembly (Assembly) can simply appoint the mayor or a current or former Assemblymember as manager by motion; 2. Whether the Kodiak Island Borough Code (KIBC) was violated or the process flawed because Ms. Williams did not vacate her seat as presiding officer during the discussion and vote on the motion to appoint her. as manager; 3. Whether a person appointed as the manager must fill out a written application and provide a resume setting out their executive and administrative qualifications; and, 4. Whether the employment contract negotiations between Assembly representatives and the appointee are subject to the OMA, and whether they are required to be conducted in public? Brief Answer: If a court were to address the questions I believe a court would rule that: 1. The Assembly has discretion to choose the method for selection of a manager, and that discretion includes the ability to appoint a current or former Assemblymember as manager, provided that the required number of votes approve the appointment. 2. The fact that Ms. Williams was present and did not pass the gavel to the Deputy Presiding Officer (DPO) when the Assembly moved to appoint Ms. Williams as Manager did not invalidate the Assembly decision or violate the KIBC. MEMO MANAGER APPOINTMENT PROCESS QUESTIONS Page 1 of 4 SAKodiak Island Borough (20.230.A) Manager\Manager Recruitment\4.19.23 Memo Manager on Process ATTORNEY-CLIENT PRIVILEGE DOCUMENT CONFIDENTIALITY WAIVED BY THE ASSEMBLY ON APRIL 20, 2023 3. The Assembly is the judge of the suitability of the qualifications of potential manager candidates, and where the Assembly is familiar with the candidate's qualifications it is not required to have a candidate provide a written application, resume or other statement of qualifications. The Borough Code does not set out such a requirement either. 4. The negotiations of employment terms with a manager candidate need not be conducted in public. The consideration and approval of the contract by the Assembly must be by vote in open session at a properly convened Assembly meeting. However, if negotiations are conducted by a quorum of the Assembly, the Assembly would need to convene a meeting and recess into executive session for negotiations. Here, where only one Assembly member discussed contract terms with the candidate, there is no OMA violation. Discussion: Over the past several months there have been a number of questions about the manager appointment process. I have consistently advised that under the state statutes and KIBC the Assembly has a lot of discretion to decide how to choose a manager. KIBC 2.45.020 provides: KIBC 2.45.020 Appointment. "The assembly has, and shall hereafter have, whenever pertinent, the power to appoint a manager by a majority vote of its membership. The assembly shall choose a manager solely on the basis of his executive and administrative qualifications, and he shall receive the compensation set by the assembly. An assemblymember may not be appointed manager of the borough sooner than one year after leaving office, except that, by a vote of three-fourths of its authorized membership, the assembly may at any time appoint one of its members as manager." 1. Was it permissible for the Assembly to appoint the Mayor as Manager by a supermajority vote? The hiring process for classified employees is guided by the personnel rules, but the hiring of the manager or clerk is left to the discretion of the Assembly, and the Assembly may choose the process they wish to follow. Moreover, to the extent there is a concern about a precedent, each manager hiring process is discretionary, and one Assembly cannot bind the next in terms of the process to be used. It may choose to use a "headhunter" firm one time, to select a single candidate without competitive process on another occasion, and to invite applications on a third occasion. It may also choose to start with one process and change or depart from that process, as it was poised to do in seeking to negotiate a contract with Mr. Conrad last fall. I also note that it is my understanding that a similar process without open applications was used for re -hiring Nova Javier as the Clerk. Where, as here, the Assembly has chosen to appoint a person who was an Assemblymember within one year, the appointment decision requires a three-fourths (3/4) majority vote for approval. This applies even if the person is not a current Assemblymember. Otherwise, the Assembly could appoint a former Assemblymember as manager by majority vote weeks after they leave office and the requirement for the supermajority for one year after the person leaves office would have no meaning. Here, in addition to being Mayor, Ms. Williams was a former Assemblymember who had not been out of Assembly office for more than one year. MEMO MANAGER APPOINTMENT PROCESS QUESTIONS Page 2 of 4 SAKodiak Island Borough (20.230.A) Manager\Manager RecruilmentA.19.23 Memo Manager on Process ATTORNEY-CLIENT PRIVILEGE DOCUMENT CONFIDENTIALITY WAIVED BY THE ASSEMBLY ON APRIL 20, 2023 While some members of the public may have a different opinion as to what the Assembly should do or should have done, the method used here is within the Assembly's discretion. There is not a requirement to conduct the process in a particular way. The decision was made in open session at a properly called meeting, making the action compliant with the OMA. 2. Should there have been a passing of the gavel to the DPO and a declaration of "conflict of interest" in compliance with KIBC 2.35.010(D)? Where the Mayor was the subject of the motion to appoint the Mayor as the manager the Mayor would have a substantial financial interest in the issue and should not vote or participate in official action in which she has a substantial financial interest. Had she passed the gavel to the DPO and left the room there would be no question, but failing to do so does not mean that there is a violation. If Ms. Williams did not participate in the debate and vote on the question, then there is no violation of KIBC 2.35.010(D). When the Assembly moved and approved the appointment of Ms. Williams as Manager they did so at a properly called meeting and by the required vote. Whether Ms. Williams meaningfully participated in the debate on the issue is a factual question. I understand that Ms. Williams presided at the meeting, but did not participate in the debate or vote on the question. I believe that under the Alaska Supreme Court's guidance in Griswold v. City of Homer, 925 P.2d 1015, 1028 (Alaska 1996) the mere presiding without debating or voting would not be found to have influenced the votes of Assemblymembers, and would not invalidate the decision or constitute a prohibited conflict. 3. Does the KIBC require a written application or resume stating qualifications of the manager? The requirement in AS 29.20.490 and KIBC 2.45.020 to choose a manager based on executive and administrative qualifications calls on the Assembly to consider the executive and administrative qualifications of a person before appointing them as manager. It does not prescribe the method by which the Assembly may become aware of the executive and administrative qualifications, nor is there any requirement in code or statute that a manager provide a written resume or application. It is not uncommon for a candidate to be selected who is familiar to the Assembly, and whose executive and administrative qualifications are already well known. Examples may be seen in situations where a clerk or department head with whom the Assembly is familiar is offered the position of manager without a competitive process based on the Assembly's confidence in their demonstrated executive and administrative qualifications. Further, the provision does not require a competitive weighing of qualifications, and selection of only the "most" qualified. The Assembly has discretion to determine whether a person meets their desired administrative qualifications, and to also take into account other factors such as availability, cost, reliability, retainability, and the Assembly's level of confidence in the manager's ability to carry out the Assembly policy directions effectively. The duty imposed by this provision is satisfied if the Assembly selection is based on its consideration of qualifications of the person. If a party were to challenge a selection as a violation of the statute or KIBC, they would need to prove that the Assembly did not consider the person's executive and administrative qualifications in its selection of the manager or that the person was unqualified by some objective measure. A court will not substitute its judgment for the Assembly's MEMO MANAGER APPOINTMENT PROCESS QUESTIONS Page 3 of 4 SAKodiak Island Borough (20.230.A) Manager\Manager Recruitment\4.19.23 Memo Manager on Process ATTORNEY-CLIENT PRIVILEGE DOCUMENT CONFIDENTIALITY WAIVED BY THE ASSEMBLY ON APRIL 20, 2023 determination on matters such as this which are within the Assembly's discretion, and generally will defer to that determination unless it is shown to be arbitrary. 4. Are negotiations with a manager candidate required to be conducted in open session? I believe that a court would find that when representatives of the Assembly are designated to conduct employment contract negotiations with a person selected to be the Borough manager, the Assembly's negotiating representatives would not be subject to the OMA unless the negotiating representatives included more than three members of the Assembly. Final approval of the contract must be in open session, and the proposed contract is a public document to be considered by the Assembly for approval. Here there was only one Assembly member who negotiated with the employee. The OMA is not implicated. Even if the two Assembly representatives had met with the employee, any "meeting" to negotiate is not just a meeting of the Assembly designated negotiators, but is a meeting involving the potential employee, who is an independent party not acting as a member of any Borough board or committee. This means that the "meeting" cannot be a meeting of a governmental body. Unless the Assembly has delegated authority to the negotiators to approve a binding agreement on behalf of the Borough, or directed the appointed group to advise or make a policy recommendation to the Borough, the act of negotiation does not fit definition of a meeting of a governmental body under the OMA. Further, the underlying policy of the OMA does not dictate that negotiations like this be considered a meeting. The common thread in the definition of meeting is the deliberations leading to a policy decision for the entity. AS 44.62.312 states the underlying policy that actions of governmental bodies and their deliberations be conducted openly. The negotiations not deliberation of a governmental body, but are the drafting a document for consideration by the governmental body as contrasted with the actual consideration of a policy issue itself. The deliberation and action on the issue occurs when the Assembly takes up the topic and decides whether or not to approve the contract. Accordingly, I think it is unlikely a court would find a gathering of the employer representative (s) and employee representative(s), whether in the context of negotiating a manager's employment contract or a collective bargaining agreement, to be either establishing or recommending a policy sufficient to be a meeting under the OMA unless the negotiations are conducted by a majority empowered to make a decision for the entity. MEMO MANAGER APPOINTMENT PROCESS QUESTIONS Page 4 of 4 S?Kodiak Island Borough (20.230.A) Manager\Manager RecruiunentA 19.23 Memo Manager on Process 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 20, 2023 Manager's Department Union Contract Negotiations — Negotiations to continue in May 2023. Progress continues to be made on multiple topics. 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. Healthy & Equitable Grant resolution will be voted on later this meeting. Some new updated information has been provided to staff resulting in small edits to the resolution. Deadline for the submission is May 1St, 2023. Assessing Department — Property Valuation- Assessing has resolved seven of the nine BOE appeals. Two will continue to the BOE meeting on May 1, 2023 at 5:30 pm. Assessing will be measuring and updating property records in SDI beginning May 1 Seema will be on vacation May 18 -June 12. Community Development — P&Z Commission meeting was last night, the rezone request was denied by the Commission. Mays meeting will consist of code changes that need to be approved by the Commission before coming 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. Seema will be on vacation May 18 -June 12. 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. PKIMC= The total number of dampers inspected was 129. There were 36 dampers that passed inspection while 93 failed. Repair price total = $111,771.99 KFRC = The total number of dampers inspected was 40. There was 1 that passed inspection while 39 failed. Repair price total = $43,780.19 KIBSD — Peterson Elementary School Roof Project has been advertised and the bid period is open. Bid submission is scheduled for April 25, 2023. 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. 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. Contractor is on site. Stage 3 Closure/Leachate Treatment Plant SRF Loan =Staff from the Alaska State Revolving Fund division have informed the Borough that the Financial Capacity Assessment was completed and the request for $6,162,265 was accepted and recommendation to continue with the loan agreement was determined. The next step is the loan agreement which is currently being drafted. 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. Household Hazardous Waste Event - Kodiak Island Borough Household Hazardous Waste Event and the Chamber of Commerce Community Clean Up Day is Saturday May 6th from 9AM-2PM in the High School Parking Lot. If you are a commercial business with hazardous waste to dispose of, you will need to set up an appointment by April 28th with US Ecology Alaska. Finance Department/ IT - 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 o 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 717 Rezanof (Mental Health Buildings) • Solid Waste Collection Contract Modifications • Service Area Contracts • Annual Contracts • Additional Methods to Reward Employees in Personnel Manual • Funding opportunities for road repairs and improvements. 4 Kodiak Island Borough Assembly Regular Meeting Guidelines Assembly Chambers Thursday, April 20, 2023, 6:30 p.m. 1. INVOCATION MAJOR DAVE DAVIS OF THE SALVATION ARMY. 2. PLEDGE OF ALLEGIANCE DEPUTY PRESIDING OFFICER SMILEY 3. STATEMENT OF LAND ACKNOWLEDGEMENT DEPUTY PRESIDING OFFICER SMILEY 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 Mayor Williams who is out on personal 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. Special Meeting Minutes of March 30, 2023 and Regular Meeting Minutes of April 6, 2023. 7. CITIZENS' COMMENTS Agenda items not scheduled for public hearing and general comments. Page 1 of 5 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 5. 8. AWARDS AND PRESENTATIONS A. Proclamation Declaring The Month Of May 2023 Building Safety Month DEPUTY PRESIDING OFFICER SMILEY, please read the proclamation and present it to Building Official Ted Hansen 9. COMMITTEE REPORTS 10. PUBLIC HEARING A. 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 adopt Ordinance No. FY2023-16. Staff report — Lina Cruz, Deputy 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 B. 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 Page 2 of 5 Recommended motion: Move to adopt Ordinance No. FY2023-17. Staff report — Dora Cross, Finance 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 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 1. Resolution No. FY2023-24 Approving The Native Village Of Karluk And The Karluk IRA Tribal Council As An Unincorporated Community For Participation In The FY24 Community Assistance Program Recommended motion: Move to adopt Resolution No. FY2023-24. Staff Report — Dora Cross, Finance Director Assembly discussion. ROLL CALL VOTE ON THE MOTION 2. Resolution No. FY2023-25 Authorizing The Borough Manager To Enter Into A Memorandum Of Agreement For Participation In The Alaska Healthy & Equitable Communities Program Page 3 of 5 Recommended motion: Move to adopt Resolution No. FY2023-25. Staff Report — Dora Cross, Finance Director Assembly discussion. Recommended motion: Move to amend Resolution No. FY2023- 25 by substitution with Version 2. Assembly discussion. ROLL CALL VOTE ON THE MOTION TO AMEND ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED 14.C. ORDINANCES FOR INTRODUCTION 14.D. OTHER ITEMS 1. Nomination Of Ouzinkie Mayor Elijah Jackson For The Kodiak Village Mayors Association Seat On Prince William Sound Regional Citizens' Advisory Council Board Of Directors Recommended motion: Move to confirm the nomination of Ouzinkie Mayor Elijah Jackson to the Prince William Sound Regional Citizens' Advisory Council Village Mayors Association Seat. Staff Report — Lina Cruz, Deputy Clerk Assembly discussion. ROLL CALL VOTE ON THE MOTION 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 Page 4 of 5 16. ASSEMBLY MEMBERS' COMMENTS The next Assembly work session is scheduled on Thursday, April 27, 2023, at 6:30 p.m. in the Borough Assembly Chambers. The next regular meeting is scheduled on Thursday, May 4, 2023, at 6:30 p.m. in the Borough Assembly Chambers. 17. EXECUTIVE SESSION A. Discussion Of Confidential Attorney -Client Privileged Communications Relating To The Manager Appointment With Borough Attorney Scott Brandt - Erichsen Recommended motion: Move to convene into executive session to discuss confidential attorney-client privileged communications relating to the manager appointment under the authority of KIBC 2.30.030 (F)(1)(f). Assembly discussion. ROLL CALL VOTE ON MOTION Recommended motion: Move to invite the Assembly members, the Clerk's Office Staff, and the Borough attorney (via teleconference) into executive session. VOICE VOTE ON MOTION After the vote, the Deputy Presiding Officer recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Deputy Presiding Officer reconvenes the regular meeting and announces • No action is to be taken as a result of the executive session. -o r- • The Assembly may elect to schedule a subsequent meeting to release attorney privileged opinions to the public related to the Borough Manager selection and appointment in general. -o r- • Move to waive the confidentiality of the attorney-client privilege legal opinion relating to the Manager appointment process. ROLL CALL VOTE ON ANY MOTION THAT MAY HAVE RESULTED FROM THE EXECUTIVE SESSION. 18. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION KIBC 2.30.030 A.... Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. Page 5 of 5 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Z Special Convened: p Recessed: Reconvened: Date: y- Z - 7-3 Adjourned: BY: BY: f� f r �A- BY: "Orr A BY: Ar-r)d moi" BY: rr in a -t' SECOND: SECOND: SECOND: S >m I"f Sn SECOND: Sly �T �1 , SECOND: S hn t A���°` a� fir' i.�,�c� Nv. �rdinAnCe No. v r� r'C6 Fy 2�3 -/ T as 1VV Yefi NO, r Mr. Arndt Mr. Arndt , Mr. Arndt 7Mr. Mr. Arndt 4r ✓ Mr. Arndt Mr. Delgado Mr. Delgado Mr. Delgado Mr. Delgado ✓ Mr. Delgado, Griffin ✓ Mr. Griffin Mr. Griffin Mr. Griffin ✓ Mr. Griffin Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux / Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smith Mr. Smith Mr. Smith Mr. Smith Mr. Smith Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner OULD ANYONE LIKE TO CHANGE_ THEIR VOTE_ ? WOULD ANYONE LIKE TO CHANGE THEIR_ VOTE? TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: 0 The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Williams Mayor Williams Mayor Williams Mayor Williams Mayor Williams • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. 19 Regular - Special Convened: BY: Tv r ext i SECOND: WIN KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: BY: Ar r c -( SECOND: jinn 1+l-, -FY 2023- 2uf Reconvened: BY: �f r>n�i SECOND: G av v f diva A'o. FY ZUZ-� " 2S Date: t -1-20—Z.3 Adjourned: BY: .V Y d -4 - SECOND: SIM i Avy,49VNd �� ZS VZ BY: -P, i\ A4 SECOND: <;v, �3 Mr. Arndt Mr. Arndt ✓ Mr. Arndt Mr. Arndt vel 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 V/ Mr. Smiley Mr. Smiley Mr. Smiley ✓ Mr. Smiley ✓ Mr. Smiley Mr. Smith Mr. Smith ✓ Mr. Smith ✓ Mr. Smith Vooe Mr. Smith Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner - OULD ANYONE LIKE TO_CHANGE__ THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR_ VOTE . TOTAL: TOTAL: TOTAL: TOTAL: O TOTAL: The mayor may Inot vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Williams Mayor Williams I Mayor Williams Mayor Williams Mayor Williams Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question Majority vote is majority of the membership (quorum). Point of Order and Recess. 101 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular ✓ Special Date: y—Zy 17-3 Convened: Recessed: •. a 27 t econvened: .r Adjourned: T 2-:3 BY: PW n & if SECOND: S �ecU BY: P�r y\�J- SECOND: S llu, �+Cd � V, BY: SECOND: Svvr JAel fv\,� BY: PC r SECOND: S I �rV-1 V BY: SECOND: Mr. Arndt Mr. Arndt YES NO - -- YES NO YES NO YES NO Mr. Arndt ✓ Mr. Arndt Mr. Arndt Mr. Delgado Mr. Delgado Mr. Delgado Mr. Delgado Mr. Delgado Mr. Griffin IV/ Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. LeDoux Mr. LeDoux Mr. LeDoux ✓ Mr. LeDoux Mr. LeDoux Mr. Smiley ✓ Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smith Mr. Smith Mr. Smith Mr. Smith Mr. Smith Mr. Turner V Mr. Turner Mr. Turner Mr. Turner Mr. Turner TOTAL: O ILD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? I F O TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Williams Mayor Williams Mayor Williams Mayor Williams Mayor Williams • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. U KODIAK ISLAND BOROUGH Meeting Type: �ealxtcw ac4ho Date: rt kIA2,3 Please PRINT your name legibly Please PRINT your name legibly Kodiak Island Borough Assembly Newsletter Vol. FY2023, No. 33 April 21, 2023 At Its Regular Meeting Of April 20, 2023, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On May 4, 2023, At 6:30 p.m. In The Borough Assembly Chambers. PROCLAIMED The Month Of May 2023 As Building Safety Month ADOPTED 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 AMENDED, ADOPTED 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 ADOPTED Resolution No. FY2023-24 Approving The Native Village Of Karluk And The Karluk IRA Tribal Council As An Unincorporated Community For Participation In The FY24 Community Assistance Program AMENDED, ADOPTED Resolution No. FY2023-25 (Version 2) Authorizing The Borough Manager To Enter Into A Memorandum Of Agreement For Participation In The Alaska Healthy & Equitable Communities Program CONFIRMED The Nomination Of Ouzinkie Mayor Elijah Jackson For The Kodiak Village Mayors Association Seat On Prince William Sound Regional Citizens' Advisory Council Board Of Directors CONVENED INTO EXECUTIVE SESSION To Discuss Confidential Attorney -Client Privileged Communications Relating To The Manager Appointment Under The Authority Of KIBC 2.30.030 (F)(1)(F). INVITED The Assembly Members, The Clerk's Office Staff, And The Borough Attorney (Via Teleconference) Into Executive Session. WAIVED The Confidentiality Of The Attorney -Client Privilege Legal Opinion Relating To The Manager Appointment Process 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. 33 April 21, 2023 At Its Regular Meeting Of April 20, 2023, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On May 4, 2023, At 6:30 p.m. In The Borough Assembly Chambers. PROCLAIMED The Month Of May 2023 As Building Safety Month ADOPTED 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 AMENDED, ADOPTED 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 ADOPTED Resolution No. FY2023-24 Approving The Native Village Of Karluk And The Karluk IRA Tribal Council As An Unincorporated Community For Participation In The FY24 Community Assistance Program AMENDED, ADOPTED Resolution No. FY2023-25 (Version 2) Authorizing The Borough Manager To Enter Into A Memorandum Of Agreement For Participation In The Alaska Healthy & Equitable Communities Program CONFIRMED The Nomination Of Ouzinkie Mayor Elijah Jackson For The Kodiak Village Mayors Association Seat On Prince William Sound Regional Citizens’ Advisory Council Board Of Directors CONVENED INTO EXECUTIVE SESSION To Discuss Confidential Attorney-Client Privileged Communications Relating To The Manager Appointment Under The Authority Of KIBC 2.30.030 (F)(1)(F). INVITED The Assembly Members, The Clerk’s Office Staff, And The Borough Attorney (Via Teleconference) Into Executive Session. WAIVED The Confidentiality Of The Attorney-Client Privilege Legal Opinion Relating To The Manager Appointment Process