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2023-09-21 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, September 21, 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. 6. *APPROVAL OF MINUTES A. Regular Meeting Minutes Of September 7, 2023 4 - 7 2023-09-07 RM Minutes 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Please call 1(907) 486-3231 or toll free 1(855) 492-9202 8. AWARDS AND PRESENTATIONS 9. COMMITTEE REPORTS 10. PUBLIC HEARING Please call 1(907) 486-3231 or toll free 1(855) 492-9202 11. BOROUGH MANAGER'S REPORT Page 0 of 46 A. Borough Manager's Report 8- 17 2023-09-21 Borough Manager's Report 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2024-13 Approval Of A One Year Contract 18-31 With Matson Navigation Company Of Alaska, Inc. For Metals Processing and Hauling Agenda Item Report - Pdf 14.B. RESOLUTIONS 14.C. ORDINANCES FOR INTRODUCTION 14.D. OTHER ITEMS 1. Approval Of The October 3, 2023, Regular Municipal 32-35 Election Officials Agenda Item Report - Pdf 15. CITIZENS' COMMENTS 16. ASSEMBLY MEMBERS' COMMENTS 17. EXECUTIVE SESSION A. Discussion Of Litigation Strategy Regarding Kodiak Area Native 36 Association v. Kodiak Island Borough, Case No. 3 KO-21-57CI Agenda Item Report - Pdf 18. ADJOURNMENT 1 101ai7:7LVA /_1I11610F_\0►VAMAN 1:11VV-11 A. Solid Waste Advisory Board Minutes of May 24, 2023, and June 37-43 21, 2023. SWAB Minutes Binder B. Fire Protection Area No. 1 Board Special Meeting Minutes of May 44-46 18, 2023 FP1 SM Mintures Page 1 of 46 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 46 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting September 7, 2023 A regular meeting of the Kodiak Island Borough Assembly was held on September 7, 2023, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Aimee Williams, Borough Clerk Nova M. Javier, and Assistant Clerk Irene Arellano. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Arndt 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 Scott Arndt, Assembly Member Joseph Delgado, Jared Griffin, Larry LeDoux, Ryan Sharratt, Scott Smiley, and James Turner. SMILEY moved to excuse Assembly Member Geoff Smith who was absent due to personal leave. ROLL CALL VOTE CARRIED FOUR TO TWO: Delgado, LeDoux, Sharratt, and Smiley (AYES); Griffin, and Turner (NOES) 5. APPROVAL OF AGENDA AND CONSENT AGENDA SMILEY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES (Approved under consent agenda) A. Regular Meeting Minutes of August 17, 2023 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Carlene McChesney spoke under citizens comments. 8. AWARDS AND PRESENTATIONS A. Proclamation Declaring September 18-22, 2023, Adult Education And Family Literacy Week Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2023 Page 1 of 4 Regular Meeting Minutes Of September 7, 2023 Page 4 of 45 AGENDA ITEM #6.A. Mayor Arndt proclaimed September 18-22, 2023, as Kodiak Adult Education and Family Literacy Week and encouraged all residents to become familiar with the services and benefits offered by the Adult Education and Literacy programs in Kodiak, Alaska and to support and participate in these programs. 9. COMMITTEE REPORTS 10. PUBLIC HEARING A. Ordinance No. FY2023-19 Amending Kodiak Island Borough Code Section 17.175.050, Off Street Parking - Location SMILEY moved to adopt Ordinance No. FY2023-19. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Sharratt, Smiley, Turner, and Delgado. 11. BOROUGH MANAGER'S REPORT Borough Manager Williams provided a manager's report, and it was included in the meeting packet. 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2022-26C, Change Order No. 3, Authorization For The North Star Siding And Windows Project With Wolverine Supply SMILEY moved to authorize the Borough Manager to approve Contract No. FY2022-26C, Change Order No. 3, for the North Star Siding and Windows Project with Wolverine Supply to change the Final Completion Date. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO TWO: LeDoux, Smiley, Delgado, and Griffin (AYES); Sharratt and Turner (NOES) 2. Contract No. FY2023-47A, Change Order No. 1, Authorizing The Peterson Elementary Roof Replacement Project With Friend Contractors, LLC SMILEY moved to authorize the Borough Manager to approve Contract No. FY2023-47A, Change Order No. 1, for the Peterson Elementary Roof Replacement Project with Friend Contractors, LLC to change the completion date. Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2023 Page 2 of 4 Regular Meeting Minutes Of September 7, 2023 Page 5 of 45 AGENDA ITEM #6.A. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO THREE: Smiley, Delgado, and Griffin (AYES); LeDoux, Sharratt, and Turner (NOES). Mayor Arndt's vote broke the tie. 3. Contract No. FY2024-12, Authorize Purchase Of MicroC From Environmental Operating Solutions, Inc. SMILEY moved to authorize the Borough Manager to approve Contract No. FY2024-12 for the purchase of MicroC from Environmental Operating Solutions, Inc. in an amount not to exceed $46,240. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Turner, Delgado, Griffin, LeDoux, and Sharratt. 14.B. RESOLUTIONS 1. Resolution No. FY2024-05 A Joint Resolution Of The Kodiak Island Borough Assembly And City Council Appointing Two Members To The Kodiak Fisheries Development Association's Board Of Directors SMILEY moved to adopt Resolution No. FY2024-05. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Delgado, Griffin, LeDoux, Sharratt, and Smiley. 14.C. ORDINANCES FOR INTRODUCTION 14.D. OTHER ITEMS 15. CITIZENS' COMMENTS 16. ASSEMBLY MEMBERS' COMMENTS Assembly Member Sharratt expressed support to the Borough working on a strategic plan. He wanted to see the Borough hire a project management officer. Assembly member Smiley thanked the Borough Clerk for the voter's pamphlet. Assembly Member Delgado had no comments. Assembly Member Griffin announced that the Chamber of Commerce and KMXT will host a Candidate's Forum for the upcoming municipal election. He is excited to see that in-person American citizenship classes are being offered again. He looked forward to the downtown block party. Assembly Member LeDoux would like to see the Borough establish a complaint procedure/protocol to address citizens concerns. He also thanked the Clerk for the Kodiak Island Borough September 7, 2023 Regular Meeting Minutes Of September 7, 2023 Assembly Regular Meeting Minutes Page 3 of 4 Page 6 of 45 AGENDA ITEM #6.A. voter's pamphlet. He asked for a report on the status of the proposed Sargent Creek Park. Assembly member Turner wished Assembly member Griffin a Happy Birthday! TURNER moved to convene into executive session to discuss strategy regarding the Kodiak Area Native Association v. Kodiak Island Borough litigation. ROLL CALL VOTE ON THE MOTION FAILED FIVE TO ONE: Delgado, Griffin, LeDoux, Sharratt, and Smiley (NOES); Turner (YES) 17. ADJOURNMENT SMILEY moved to adjourn the meeting at 7:18 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Kodiak Island Borough September 7, 2023 Regular Meeting Minutes Of September 7, 2023 ATTEST: Nova M. Javier, Borough Clerk Assembly Regular Meeting Minutes Page 4 of 4 Page 7 of 45 Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 TO: Kodiak Island Borough Assembly FROM: Aimee Williams RE: Managers Report, September 21, 2023 Manager's Department Staff Recruiting — Attended two interviews for the IT Director position. Staff met this afternoon to discuss the two candidates and plan to make a job offer soon! State Lobbyist — The visit from Mark Hickey is scheduled for the work session on October 26, 2023. The focus will be the CIP list. Mark plans on flying into Kodiak on the 26th but will also be here on the 27th to meet with interested parties. KIBSD — The KIBSD Board voted to open the school in Karluk. Once the Commissioner of Education certifies the school, the plan is to open it on October 2, 2023. Solid Waste Contract — Met with staff to go over comments from staff and Alaska Waste to better define items in the contract and solve some of the problems that current customers are experiencing. The Second Amendment to the contract is currently scheduled for two work sessions. Salonie Creek Rifle Range — Continued work on the lease to Kodiak Island Sportsman Association. Points of interest include — public access requirement, issue of whether a caretaker will be placed out there, and a new requirement for a lead management plan. Health Facilities Advisory Board — A board meeting was held on Monday afternoon. Members from staff, Assembly Member Turner, Assembly Member Griffin, and members from Providence were in attendance to talk about maintenance issues. Rural Leadership Forum — Kodiak Island Borough was invited to attend and speak at the forum that is currently taking place. I spoke about things happening at the borough and how we hope to include and assist the off-road communities in our efforts. Our Mayor, Assessor, and Community Development Director attended with me and it was a very good opportunity to introduce people to such an important group. Bronwyn Currie, from our Community Development Department was celebrated for her great communications with the villages this year. PWSRCAC — Attended part of the strategic planning meeting for the board on September 20, 2023. Gallagher — Meagan Christiansen and I met with representatives from Gallagher to discuss the different methods that KIB could be using to classify jobs / determine salaries. We were given a lot of information and have yet to decide if we want to propose a change. Upcoming Travel — September 21-22 for PWSRCAC (Will miss Sept 21 RM) October 19-23 for vacation (Will miss Oct 19 RM) November 7-8 for family medical appointments December 3-8 for AMMA and AML meetings in Anchorage Engineering and Facilities Solid Waste Contract — Staff has received Alaska Waste input. Staff will meet to discuss final version and are scheduled to have attorney review prior to presentation. • Volvo excavator continues to function in normal modes since the repairs. Staff is Landfilhenitoring and is ready to document errors or operator observed issues. • Second excavator rented form Brechan will remain in service until the new excavator arrives in October or November. • State of Alaska Scale Certification for the Landfill scale was performed today. Results are not available as of the composition of this report. Solid Waste Advisory Board tour was conducted on Tuesday, September 19tH Board was very interested, and staff was able to update the majority of the members regarding the changes and improvements at the site. KFRC- • Discharge Permit — Awaiting the final decision by the ADEC regarding permit requirements. • Government Services Administration (GSA) personnel to be in Kodiak next week to discuss KSWC lease and reception position. • KFRC BAS troubleshooting and identification planning session held today. On site trip to be scheduled. 2 • Coordination for the final repair of the sewage lift station is being finalized. Verification that all parties are available has been difficult scheduling. Four contractors plus KIB staff are involved. Swimming Pool — A discussion was held with staff specific to the concerns expressed by the assembly. A planning session will be scheduled for the three entities that participate in the operation and maintenance of the pool. KIBSD — • North Star Windows & Siding Phase 2 —Awaiting updated schedule from the contractor for the final inspection of siding and window installation. Gym doors require replacement. • East Roof Proposal Package — Work has been ordered. • North Star Roof Replacement and Skylight Replacement — Work has been ordered. • Karluk and Larsen Bay — Replacement parts are on order for planning of a final repair trip to these two facilities. Leachate Treatment Plant — Work is progressing and anticipate October for initial startup of the new machinery and added processes. Inspections and observations are continuing as required. Required welding and inspection have been successfully completed and funded by the contractor at no cost to the KIB. Stage 3 Closure — Awaiting final quantities. Anticipate completion and submission of close out documentation as required. Bayside Fire Department — Awaiting scheduling and required materials for the completion of sprinkler repairs. Drywall repair to follow. Health and Facilities Advisory Board — Meeting scheduled for October 30, 2023. Anticipating an update on the SPD (Sterile Processing Department) renovation requirements. PKIMC — Identifying and prioritizing repairs required to the facility. Borough Building — Project is continuing. A letter placing the contractor on notice for providing facility heat has been sent. Requested updated schedule and completion date has been requested. KFRC Touch Tank — Facility has been opened to accommodate the cruise ships. Educational groups may request entry by application in advance. The facility staffing will be reviewed and discussed pertaining to next year for budgeting purposes. Finance Department/ IT - FY2023 Final Audit — Auditors completed the on-site portion of the audit and will begin writing the final report sometime in October with report release expected date in early December. Property Taxes — Next property tax deadline is October 16, 2023. For those who did not make a half payment by August 15th, full payment of taxes is required by October 16th to avoid penalties and interest. IT - • IT Director — Interviews were held for the IT Director position. • IT Supervisor last day is September 27tH Assessing Department — Exemptions — Assessing staff continues to work on the requests for business / non- profit tax exemptions. Our goal is to review 2 applicants a quarter. Tax Roll — There are as many as forty exemptions from either seniors or disabled veterans that might still be granted. Assessing processed 32 supplements for SC/DV eligibility as of the date of this report. There are 5 outstanding applications that we are awaiting information on from either the applicant or the PFD that cannot be processed. Applicants have until December 15, 2023, to give us information. Field work — Assessing continues FY2024 field work in Service District 1. Postcards are working well! Field work was also done in the Saltery Cove area. Approximately 80% of the properties in SD1 have been seen. Assessing will begin working on properties with building permits, new discovery changes that occurred after the roll was certified and field review requests at the end of September. Up Next - Commercial modeling class is scheduled for November so that we can complete the update. Mobile home depreciation tables and land valuation are also Assessing goals for review this year. Community Development — Planning and Zoning Commission Regular Meeting — The Commission held a regular meeting on September 20, 2023. PRO -Housing Grant — Staff has been working on the grant application documents, reaching out to potential partners and supporters, and developing a timeline for public review of the grant application. 4 AGENDA ITEM #11.A. To: The Honorable Scot Arndt The Honorable Pat Branson The Kodiak Island Borough Assembly The Kodiak City Council Mike Tvenge, City Manager Josie Bahnke, Asst. City Manager Aimee Williams, Borough Manager Dave Conrad, Borough Engineering & Facilities Director Meagan Christiansen, Borough Special Projects Director From: Sebastian O'Kelly & Brad Gilman Re: Washington Update Date: September 12, 2023 FY 2024 Appropriations Congress will not enact its appropriations bills by the start of the Oct 1 new fiscal year. It most likely will enact a short-term Continuing Resolution to keep the Federal government operating until late 2023 while the House and Senate negotiate their differences. The Senate Appropriations Committee has marked up all 12 of its appropriations bills, while the House Appropriations Committee has marked up 10 of the 12 bills. Major differences exist between the two bodies on "topline" spending levels which portend for difficult negotiations ahead, so a government shutdown later in the year cannot be ruled out. Senator Murkowski submitted the following CDS requests to the Senate Appropriations Committee -- $1.9 million to upgrade the City's wastewater treatment plant and $1.293 million for a new fire ladder truck — but the Committee chose not to fund them. St Herman Harbor We are still waiting for DOT to make its decisions on MARAD's Port Infrastructure Development Program grant awards for this fiscal year. Last year's announcement came at the end of October. Earlier, the three Members of Alaska's Congressional Delegation have written a letter of support to the Secretary of Transportation on behalf of the City's grant application for renovation of the Harbor. Defense Community Infrastructure Program Expansion Senator Sullivan was able to include language in the Senate's version of the FY 2024 National Defense Authorization Act (NDAA) that makes Coast Guard communities such as Kodiak eligible to apply for grants from DOD's Defense Community Infrastructure Program. Currently, only communities with traditional military service bases may apply. The House and Senate have both passed their NDAAs. A final bill will emerge later this year. Borough Manager's Report Page 12 of 45 AGENDA ITEM #11.A. Essential Air Service (EAS) The House -passed FAA Reauthorization Bill includes an extension of the EAS program. Both the House and Senate FY 2024 Transportation, Housing and Urban Development Appropriations Bills fully fund the program. An amendment on the House floor to terminate its appropriations was overwhelmingly defeated on a bipartisan basis. Polar Security Cutter (PSC) The GAO has released a report that indicates that the PSC program is behind schedule and likely over budget in its construction of the first two PSCs, with the GAO criticizing the Coast Guard for using a design/build model for the procurement. While not the best news, delays and cost increases are not unusual for major new Federal procurements. The silver lining is it will give communities such as Kodiak that are interested in PSC homeporting more time to address the issues that the Coast Guard will assess in its homeporting decisions. For Kodiak development of a dock and breakwater with adequate water depth is of significant importance. Separately, the House and Senate FY 2024 Homeland Security Appropriations Bills have included $125 million for purchase of a commercially -available icebreaker. Lastly, in Senate testimony, the Commandant revealed that the Coast Guard believes that it needs eight or nine new icebreakers. The current program of record and authorization in law calls for six new PSCs. The Commandant's testimony may lead to an effort by lawmakers to increase the current authorization. New USDA Clean Energy Forgiveable Loan Program USDA has rolled out its Inflation Reduction Act -funded rural renewable energy programs, with two new initiatives, one aimed at traditional rural energy cooperatives totaling $9.7 billion and the second aimed at rural renewable energy developers totaling a $1 billion. The PACE program provides up to 60 percent forgiveable loans up to $100 million with a sliding scale of percentage forgiveness with the highest percentage forgiveness for underserved populations and tribal government. The process is triggered by potential applicants submitting a Letter of Interest by Sept. 29. The LOI has to be submitted then approved by USDA before inviting submission of a loan application. Details are at the link with the USDA POC for AK projects, including technical assistance on submitting an LOI, below. Rodney Peach STOP 1560, Rin 5165 1400 Independence Ave., SW Washington, DC 20250-1560 Rodney. PeachAusda. gov Cell Phone: (509) 309-6923 https://www.rd.usda. gov/media/file/downloadlusda-rd-sa-usda-pace-new-era-technical- corrections-06-16-2023.pdf hMs://www.govinfo.gov/contenl)pkFR-2023-06-16/ df/2023-12848. df Borough Manager's Report Page 13 of 45 f-' 1 AGENDA ITEM #11.A. • Wild USA Seafood Act: Senators Murkowski and Sullivan have introduced a bill that expands USDA's role in supporting U.S. seafood through establishing use of a "wild American/USA seafood" label. • Heart of the Ocean "PRIME" Alaska Marine Sanctuary — In a July hearing on the NOAA budget and in response to a question from Senator Sullivan, NOAA Administrator Spinrad stated that the agency has "no plans to initiate the designation process" for the HOA proposal. • NOAA Organic Act -- On June 91h House Science Committee Chairman Frank Lucas (R -3`d -OK) formally introduced the "NOAA Act of 2023" with 14 Republican co- sponsors. The bill removes NOAA from the Department of Commerce and makes it an independent entity like the EPA & NASA. The bill has a heavy weather/space focus and calls for a NAS study to potentially shift all ESA/MMPA responsibilities from NOAA to another agency/department. • NOAA EEJ Strategy: On May 22"d NOAA Fisheries released its first-ever national Equity and Environmental Justice (EEJ) Strategy. According to the Agency, this strategy reflects a "deep commitment to advancing equity and environmental justice, including equal treatment, opportunities, and environmental benefits for all people and communities, while building on continuing efforts and partnerships with underserved and underrepresented communities. We make that commitment tangible by describing the path that NOAA Fisheries will take to incorporate equity and environmental justice into the vital services we provide to all communities." • NOAA To Revise National Standard Guidelines for 4, 8 & 9 -- NOAA is considering revising the implementing guidelines for National Standards 4 (allocation), 8 (impacts to communities), or 9 (bycatch, including "practicability" standard), of the Magnuson - Stevens Fishery Conservation and Management Act (MSA). Agency issued a Notice of Proposed Rulemaking (AMPR) on May 15`h (See 88 FR 30934) to take comments from interested stakeholders to help decide if revisions are necessary. The agency has indicated the goals of this ANPR will be two -fold: 1) To receive public input on the current National Standard 4, 8, and 9 guidelines and areas/issues that may benefit from further consideration and/or revisions, as appropriate; and 2) To ensure the National Standard 4, 8, and 9 guidelines remain relevant given existing and emerging issues facing U.S. fisheries management. • Report on Conserved Areas in the U.S. EEZ -- On June 141h the Regional Fishery Management Councils formally released a synthesis of conservation areas in the US EEZ. The report, titled An Evaluation of Conservation Areas in the U.S. Exclusive Economic Zone, identifies 648 conservation areas covering 72% or nearly 3.4 million acres of federal waters. According to the Councils Coordinating Committee, the report was developed with the goal of identifying conservation areas that should be included in the American Conservation and Stewardship Atlas (Atlas) being developed by the Biden Administration as part of the "America the Beautiful initiative", which aims to conserve Borough Manager's Report Page 14 of 45 AGENDA ITEM #11.A. at least 30% of U.S. lands and waters by 2030. For more information visit the CCC Area - Based Management webpage. • Ocean Innovation Legislation - Senator Murkowski has introduced legislation whose purpose it to establish Ocean Innovation Clusters to strengthen the coastal communities and the ocean economy of the United States through technological research and development, job training, and cross -sector partnerships. NOAA Climate Governance: On 9/27/23 NOAA will hold a national webinar on Draft Fisheries Climate Governance Policy Procedural Directive for MSA 304(f); RFMC geographic authority. The agency will accept public comments to 11/17/23. ARCTIC Act: On 7118123 the "Improving Agriculture, Research, Cultivation, Timber & Indigenous Commodities" (ARCTIC Act) was introduced by Sen. Murkowski) to expand USDA's support for domestic seafood; with S.2182 "Wild USA Seafood Act' (by Sens. Sullivan/Murkowski); for wild caught/GMO labels, processor grants/USDA assistance. We understand these pieces of legislation may become amendments to the 2023 FARM bill. • AIS Legislation: On 7/26/23 the Senate I lomeland Security Committee passed S.2248, "Vessel Tracking for Sanctions Enforcement Act of 2023 " (Sen. Hassan, NH -D) requiring CBP/NOAA establish a 4 -yr pilot program to identify vessels that disable/manipulate AIS transponders. AIS is currently required on vessels >65 -ft operating in the US EEZ, including on domestic commercial fishing vessels. • National Seafood Strategy: On 8/9/23 NOAA published the final and I" ever National Seafood Strategy to help the domestic commercial fishing/seafood sector. North Pacific Humpback Stocks: In August NOAA issued its final 2022 MMPA Stock Assessment Reports (SARs) for North Pacific Humpback whales. The number of stock units increased from 3 stocks to 5, with 4 of the stocks being considered "strategic". These new stock delineations could precipitate NGO litigation and complicate the management situation in the region. o Former Central NP & West NP (AK) and CA/OR/WA (Pacific) become... WNP + HI + Mex/NP (AK); Cent. Ameri/So. Mex (CA/OR/WA): Mainland Mex/CA/OR/WA (Pacific) • Ballast Water Management: In December 2018 passage of P.L. 115-282 required the EPA within 2 -yrs to create national ballast water management standards, incl. on commercial fishing vessels. Ballast water is defined broadly as "any liquid, carried in any manner, that may affect stability and thus, could include ice, ice -sea water slurry, and recirculating ambient seawater taken on board a commercial fishing vessel. In late July the EPA submitted a Supplemental Rule to OMB for review. The SR will be out for public comment in the fall with a final rule expected by the end of the year. Borough Manager's Report Page 15 of 45 AGENDA ITEM #11.A. DOT Infrastructure Grant Opportunities DOT's Reconnecting Communities Pilot (RCP) and Neighborhood Access and Equity (NAE) programs are being combined into one NOFO called the Reconnecting Communities and Neighborhoods (RCN) Program, with links below. Applications are due Sept. 28. This is a much larger pot of money ($3.53 billion) than was available last year in the RCP. The NAE is a new program created by the Inflation Reduction Act. DOT is also creating an entity called the Reconnecting Communities Institute that is supposed to provide technical assistance in grant preparation. This third link has some details, but the Institute is not yet up and running. https://www. transportation. gov/grants/rcnpro gram/rcn-notice-funding-opportunity file:///C:/Users/Sebastian/Downloads/FY231 o20RCNo o20Finalg.020NOFOI 02007-05-23.pdf https://www.transportation.gov/grants/reconnecting-communities/reconnecting-communities- institute-rci This next link is for technical assistance grants to rural communities to prepare BCA's and other analyses associated with applying to DOT grant programs. There is no cost -share and applications are accepted on a rolling basis. https://www.federalre ig ster.govldocumentsl202310611512023-12774. rural -and -tribal -assistance - pilot -program Alaska Native Vietnam Veterans Land Withdrawals The BLM has issued a revised notice on the land withdrawal process and eligibility for AK Native Vietnam Vets. Details are at the link. https://www.federalre ig ster.gov/documents/2023/08/09/2023-16979/public-land-order-no-7929- partial -revocation -of -public -land -order -nos -5 169-5173 -5174-5178-5179-5180 Tribal Home Electrification and Appliance Rebates Program DOE has published the tribal allocations for public notice and comment from the new tribal home energy appliance rebate program created in the Inflation Reduction Act. The notice is for public comments on the program, so it is not yet at the point for actual distribution of the funds. The allocations are determined by formula, with a minimum allocation of $150,000 per tribe and larger amounts going to higher population tribes. DOD Innovative headiness Training Program Applications The next round of IRT applications are due Sept 30`h. The application process uses an online form and is less complicated than many Federal grant programs. Borough Manager's Report Page 16 of 45 AGENDA ITEM #11.A. hl!ps://irt.defense.gov/Community/#overview Fisheries & Oceans Wild Fish Conservancy Lawsuit and the 2023 Kung Salmon Troll Fishery -- A 2020 lawsuit won by the Washington -based Wild Fish Conservancy requires a rewrite of the 2019 BiOp which provides Endangered Species Act coverage to all Southeast Alaska's salmon fisheries. The ruling threatened the opening of the 2023 Southeast Alaska 2023 salmon troll season. In its filing, WFC requested that the court suspend the Incidental Take Statement (ITS) for the Southeast troll fishery rather than wait for the revisions to the BiOp. On December 13, 2022, Judge :Michelle Peterson agreed with the plaintiffs and issued a second Report and Recommendation to invalidate the ITS. On June 2Is, the 9`h Circuit Court of Appeals permitted the 2023 fishery to open on time while the court hears the merits of the case. A decision is expected later this year. Rep. Peltola Online Bycatch Survey Rep. Peltola has published on her web site an online survey to gather feedback on ideas to reduce salmon bycatch. Ideas she has listed include -- increasing funding for gear research; lowering caps on allowable bycatch; decarbonizing the fishing fleet; increasing trawl fleet monitoring; mandating 100° o catch retention; applying penalty fees or taxes for bycatch; and providing incentives for innovative bycatch reduction techniques with a box to make other suggestions. The link to the survey is here -- https: peltola. house. mov forms'forn� ?ID 4 Alaska Salmon research Task Force: NOAA has made the appointments to the 19 - member Task Force. The Delegation issued a press release welcoming the appointments and will be monitoring its progress closely. Its responsibilities include -- reviewing and reporting on research about Pacific salmon in Alaska; prioritizing scientific research needs for Pacific salmon in Alaska; identifying applied research needed to better understand salmon migration and declining salmon returns in some regions of Alaska; and supporting collaboration and coordination for Pacific salmon conservation efforts in Alaska. I n addition to the Task Force, NOAA has created a Yukon/Kuskokwim working group. NOAA has created a separate web page for the Task Force which includes a list of its members -- https://www.fisheries.noaa.govialaska/ecosystems/alaska-salmon- research-task-force National Seafood Supply Act: Senator Sullivan has introduced legislation to expand the eligibility for USDA farm loans to include commercial fishing. It also modifies the country -of -origin labeling requirements to include cooked king and tanner crab, as well as cooked and canned salmon. United States -Russian Federation Seafood Reciprocity Act: Senators Sullivan and Murkowski (Rep. Peltola is the cosponsor of the I louse counterpart bill) have introduced a bill that would prohibit the importation of seafood and seafood products from Russia. The bill would also block Russian seafood that has been substantially transformed in another country through reprocessing. Borough Manager's Report Page 17 of 45 AGENDA ITEM #14.A.1. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 21, 2023 ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2024-13 Approval Of A One Year Contract With Matson Navigation Company Of Alaska, Inc. For Metals Processing and Hauling ORIGINATOR: Dave Conrad, E&F Director/Admin Official RECOMMENDATION: Move to authorize the Manager to approve Contract No. FY2024-13 with Matson for Metals Processing and Hauling. DISCUSSION: The Engineering & Facilities Department reached out to Matson Navigation Company to renew our contract on June 27, 2023. Matson provided an updated proposed contract on September 6, 2023. Matson is the sole source company for this contract, they are the only shipping company in Kodiak that has the means to handle this regular large metals shipment. Matson provides the required open top 40 foot containers for the consolidation and shipment of ferrous and non-ferrous metals for recycle. Matson's rate for metals shipping is calculated per cubic yard (CY). The current contract FY2023-18 the charge is $3.90 per CY for open top containers. Under the proposed new contract FY2024-13 the charge is $4.13 per CY for open top (OT) containers. During the FY2023-18 contract term, the KIB Landfill shipped 16,287.19 CY (27 containers), for a total cost of $63,520.06. The new contract requires a minimum of 15 OT containers per annual contract cycle. E/F staff has estimated the total wight to be shipped this contract cycle will be 15,000 CY (approximately 24 OT containers) at $4.13 per CY, at an estimated total of $61,950. This estimate includes charges for any damages that may occur to the open top container. ALTERNATIVES: Take no action. FISCAL IMPACT: The Solid Waste Disposal Fund has a line specifically allotted to the Metals Processing. For FY2024 there has been $50,000 dedicated to Metals Processing. We anticipate going over this budgeted line this year with the price increase, but overall in the Solid Waste Disposal Fund we have a current remaining balance of $2,548,251.60. There are enough funds available to cover the anticipated overage. OTHER INFORMATION: The Engineering and Facilities Department have consulted with the Borough Attorney and as a result of this review requested clarifications form Matson which are included in the informational packet attached to this action. Kodiak Island Borough Contract No. FY2024-13 Approval Of A One Year Contract With Matson Navig... Page 18 of 45 AGENDA ITEM #14.A.1. CONTRACT FY2024-13 Matson Navigation Company of Alaska, LLC. SERVICE CONTRACT NO. A0081-7 This Contract (hereafter referred to as "Contract") is by and between Matson Navigation Company of Alaska, LLC, a water carrier, (hereafter referred to as "Carrier") and Kodiak Island Borough (hereafter referred to as "Shipper"). THIS CONTRACT HAS BEEN EXECUTED BELOW BY THE DULY AUTHORIZED REPRESENTATIVE OF EACH PARTY (Signature) (Date) Name: Christopher J. Dianora Title: Vice President, Pricing Matson Navigation Company of Alaska, LLC 555 121h Street Oakland, CA 94607 Fax. No. (510) 628-7365 (Signature) (Date) Name: Aimee Williams Title: Borough Manager Kodiak Island Borough Manager's Office 710 Mill Bay Road Kodiak, AK 99615 Tel. No. (907) 486-9343 Affiliates of Shipper Covered by this Contract: Kodiak Island Borough Landfill, Jeff Johnson Kodiak Island Borough EF Dept, Patricia Valerio Invoices to: pvalerioAkodiakak.us In consideration of the mutual covenants set forth herein, Carrier and Shipper (hereafter may be referred to individually as a "Parry" or collectively as "Parties") hereby agree as follows: I. ENTIRE CONTRACT This Contract, including all attachments hereto, constitutes the full understanding of the Parties and complete and exclusive statement of the terms of the Contract. The Contract shall replace and supersede any oral or written agreements between the Parties that deal with the same subject matter as is referenced herein. II. TERM The term of this Contract is set forth in Appendix A. III. CARGO, PAYMENT, AND SERVICE COMMITMENTS A. This Contract covers the transportation of certain cargo moving in Carrier -provided containers in the U.S. noncontiguous domestic trade with Alaska, as more specifically designated below. The cargo shall be transported pursuant to the rates, terms, and conditions set forth herein and in Appendix A and Attachment 1 hereto, and subsequent revisions thereto, which are incorporated herein by reference and made a part of this Contract. B. During the term of this Contract, Shipper shall tender to Carrier for transportation a minimum volume of Contract cargo as provided for in Appendix A ("Minimum Volume Commitment"). For the purpose of calculating volume of cargo tendered under this Contract, the shipment shall be regarded as having been tendered according to the date entered by Carrier on the bill of lading. For each container of Contract cargo tendered to Carrier by Shipper for transportation under this Contract, the rates set forth in Appendix A shall apply based on the nature of the cargo, equipment type, transportation service provided (e.g., Carrier's marine terminal to Carrier's marine terminal), and origin and destination. Shipper or shipper's agent is responsible for indicating this Contract number on its shipping instructions submitted to the Carrier for each shipment applicable to this Contract. However, the Carrier shall reserve the right to permit cargoes not so noted to count toward the Minimum Volume Commitment upon proof of inadvertent omission. C. Except as otherwise expressly set forth herein, all cargo transported pursuant to this Contract shall be subject to all charges, surcharges, arbitraries, assessorials, and rules, including the terms of Carrier's bill of lading , set forth in Carrier's tariff applicable to the geographic scope of this Contract and published at www.matson.com, which tariff, including its charges, surcharges, arbitraries, assessorials, rules and Carrier's bill of lading terms, is incorporated herein by reference, made a part of this Contract, and may be amended by Carrier from time to time (hereafter referred to as "Governing Tariff(s)"). Contract No. FY2024-13 Approval Of A One Year Contract With Matson Navig... Page 19 of 45 AGENDA ITEM #14.A.1. Matson Navigation Company of Alaska, LLC. Kodiak Island Borough Service Contract A0081-7 D. The terms of Carrier's bill of lading, covering individual shipments under this Contract shall apply to shipments hereunder. In the event of a conflict among or between the terms of this Contract, Governing Tariff(s), and/or Carrier's bill of lading, the terms of Carrier's bill of lading shall prevail over the terms of this Contract and/or Governing Tariff(s), and the terms of this Contract shall prevail over the terms of the Governing Tariff(s) other than Carrier's bill of lading terms. E. Shipper shall book Contract cargo with Carrier a reasonable amount of time in advance of tender of cargo, and, if Shipper needs to cancel a booking, Shipper shall do so on a timely basis. Shipper shall space cargo bookings as evenly as possible with Carrier during the term of this Contract to enable Carrier to allocate sufficient space and equipment to satisfy Shipper's requirements. Shipper shall safely and securely load Contract cargo in and unload cargo from Carrier -provided containers at the expense of Shipper. F. Shipper shall be named as the "Shipper" and/or "Consignee" on all Carrier bills of lading covering transportation under this Contract. All cargo moving under this Contract shall move on a non-negotiable bill of lading. G. Carrier shall be compensated for the transportation of Contract cargo under this Contract pursuant to the rates, charges, terms and conditions set forth in this Contract. Provided Shipper has a current Credit Agreement executed with Carrier, Shipper shall pay Carrier all rates and charges due for each shipment under this Contract within 30 calendar days from the date of actual sailing of vessel for each such shipment, and within 30 calendar days of the actual sailing of vessel date for each such shipment in the case of demurrage and detention charges in connection with such shipments. Whenever Shipper fails to make timely payment, at Carrier's option Shipper shall prepay Carrier on a cash basis for the transportation of all future cargo moving under this Contract until Shipper brings its payments under this Contract within the payment period hereunder. Further, if payment is not made, Carrier shall have a lien which includes the right to retain custody of any and all cargo and/or equipment owned or tendered to Carrier by Shipper until all past due charges are paid in full. H. Carrier shall transport the Minimum Volume Commitment set forth in Article III.B. under this Contract on terms and conditions set forth in this Contract, as timely booked by Shipper against available space. At Carrier's option, and subject to availability of space, Carrier shall transport Contract cargo tendered by Shipper in excess of the Minimum Volume Commitment during the term of this Contract pursuant to the terms and conditions of this Contract. The Service Commitment under this Contract is subject to the schedules and service patterns of Carrier. IV. FORCE MAJEURE Notwithstanding any other provision of this Contract, to the extent that either Party may fail to satisfy any obligation imposed under this Contract (except for a payment or confidentiality obligation) as a result of "Force Majeure", performance of this Contract shall, to that extent, be deemed to have been frustrated and no cause of action for breach or liability shall arise as a consequence thereof. For the purposes of this Article, "Force Majeure" means strikes, work stoppages, lockouts or exceptional circumstances arising from the threat thereof, Acts of God, State or the Public Enemy, including but not limited to war, acts of nations, acts of governments, acts of independent states, riots, civil disorder or insurrection, embargo, participation in the US Defense Department Emergency Preparedness Program, or other disruption of or interference with trade, marine disaster, fire or other casualty. The Party suffering the Force Majeure shall diligently attempt to remove such cause or causes and shall promptly notify the other Party of its extent and probable duration. If the Party suffering the Force Majeure is unable to remove the cause or causes within 30 days, the other Party shall have the right at its option, to terminate, without imposition of penalty or obligation to pay damages, this entire Contract or any portion thereof caused by the Force Majeure event. In case of Force Majeure, the Minimum Volume Commitment and Carrier's service commitments will be reduced on a pro rata basis for the period or periods (including Saturdays, Sundays and legal holidays) during which shipments cannot be made. LIQUIDATED DAMAGES If, for any cause other than a cause covered by Article IV or XII of this Contract, the Minimum Volume Commitment set forth in Article III.B. of this Contract is not satisfied during the term of this Contract, Shipper shall pay Carrier liquidated damages in lieu of all other damages which would be difficult if not impossible to ascertain with reasonable certainty. Liquidated damages are determined by multiplying the difference between the number of container loads actually tendered to Carrier and the Minimum Volume Commitment, by the amount set forth in Appendix A and designated as "liquidated damages". Shipper shall pay such liquidated damages to Carrier within 30 calendar days following written notification by Carrier. VI. CONFIDENTIALITY Except to the extent required by law, by request of a government or agency thereof, or request of a contractor pursuant to contractual obligation with the Carrier, the Parties shall at all times keep confidential the fact of this Contract, the terms and conditions of this Contract, and all documents and information provided to a Parry under the terms of this Contract, and shall not disclose any such information to any third party (not including a parent, subsidiary, or affiliated company), except with the prior written consent of the other Party. Notwithstanding the foregoing, the obligations under this Article shall not apply to: (i) information that, at the time of disclosure, is, or after disclosure becomes part of, the public domain other than as a consequence of a breach of this Contract; (ii) information that was known or otherwise available to a Party prior to its disclosure to the other Party; or (iii) information that is independently developed by either Parry. Upon breach of any obligation under this Article, the non -disclosing Party shall have the right to terminate this Contract effective immediately; this shall be the sole remedy for such breach. Contract No. FY2024-13 Approval Of A One Year Contract With Matson Navig... Page 20 of 45 AGENDA ITEM #14.A.1. Matson Navigation Company of Alaska, LLC. Kodiak Island Borough Service Contract A0081-7 VII. WAIVER OF RIGHTS AND REMEDIES UNDER ICC TERMINATION ACT Shipper and Carrier, pursuant to section 14101(b) of the ICC Termination Act of 1995, hereby waive all rights and remedies under the Act for the transportation of cargo under this Contract; provided, however, that Shipper and Carrier do not waive the provisions governing registration, insurance, or safety fitness. VIII. TERMINATION In addition to termination provided for in Articles II, IV and VI, this Contract may be terminated by the mutual agreement of the Parties, or upon notice by the terminating Party to the other Party, which notice shall specify the reason for the termination and the effective date of such termination, upon or after the occurrence of the following events: (i) by either Party due to a breach by the other Party of any of the terms or conditions of this Contract which is not corrected within 30 days after receipt of written notification thereof; (ii) by either Party if any petition filed or action respecting the other Party directly in a reorganization, arrangement, creditors composition, readjustment, liquidation, dissolution, bankruptcy or similar relief under any other present or future United States, or other statute, law or regulation, whether or not resulting in the appointment of a receiver, liquidator, assignee, trustee, custodian, or other similar official, and the continuation of any such decree or order is unstayed and in effect for a period of 30 consecutive days; or (iii) by either Party upon the making by the other Party of an assignment for the benefit of creditors, or the admission by such Party in writing of its inability to pay its debts generally as they become due, or the taking of action by such Party in furtherance of any such action. Termination of this Contract shall not terminate or otherwise affect any accrued obligations of one Party to the other Party under this Contract which have arisen prior to such termination. IX. NOTICES All notices required to be given under this Contract shall be in writing and deemed given when hand -delivered or by documented overnight delivery service, or sent by telecopy, telefax, or other electronic transmission service, provided a confirmation copy is also sent no later than the next business day by first class mail, return receipt requested, to the Party to whom the same is directed at its address as set forth below or to such other address as such Party shall designate by notice under this Article: If to Carrier: Matson Navigation Company of Alaska, LLC 555 12th Street Oakland, CA 94607 Attention: Vice President, Pricing If to Shipper: Name and address listed on Signatory 11 page unless a difference listing below X. ASSIGNABILITY Any assignment of this Contract without the prior written consent of the other Party shall be void, except that Carrier may assign this Contract to a successor or affiliated company without prior consent. Notice of such assignment shall be provided by Carrier to Shipper within five business days of the assignment. This Contract shall be binding on the Parties hereto and their respective, permitted successors and assigns. XI. MODIFICATIONS Except as otherwise provided, no modification of any of the terms or conditions of this Contract shall be effective unless in writing, signed by an authorized representative of each Party, and specifically stating that it is such modification. Modifications may be made via electronic mail, subject to mutual consent by an authorized representative of each Party. XII. WAIVER -DEFAULT The failure or delay of either Party to insist in any instance upon strict performance of any of the provisions of this Contract, or to take advantage of any of such Party's rights hereunder, shall not be construed as a waiver of such provisions or the relinquishment of such rights, but the same shall continue in full force and effect. Should either Party be in default with respect to any of the terms or conditions of this Contract, the non -defaulting Party may, without prejudice to any other legal remedy, defer further performance hereunder until such default is remedied. If the non -defaulting Party defers further performance hereunder, the non -defaulting Party's commitment shall be reduced for the period or periods (Saturdays, Sundays and holidays included) of such deferral of performance. XIII. COUNTERPARTS This Contract may be executed simultaneously in one or more counterparts, including by means of telefaxed signature pages, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. XIV. RECORD KEEPING In order to substantiate that the Shipper has met the minimum volume requirement as stated in Item III.B., Carrier may request copies of the bills of lading of each shipment. Upon request, bills of lading must be submitted to Carrier in a timely fashion. Contract No. FY2024-13 Approval Of A One Year Contract With Matson Navig... Page 21 of 45 AGENDA ITEM #14.A.1. Matson Navigation Company of Alaska, LLC. Kodiak Island Borough Service Contract A0081-7 APPENDIX A MINIMUM VOLUME COMMITMENT: 15 Container Loads LIQUIDATED DAMAGES: $400 per shortfall Container Load DURATION: Effective Date: October 1, 2023 Expiration Date: September 30, 2024 RATES: (SOUTHBOUND) 1) Scrap Metal, to include crushed cars From: Kodiak, AK Door Destination SVC Rate per CWT Minimum Weight EQ Notes Tacoma, WA Door-CY $ 3.35 44,000 lbs. 40FR Tacoma, WA Door-CY $ 4.13 44,000 lbs. 400T SURCHARGES: A. FUEL SURCHARGES: Rates contained in this Appendix and addenda thereto are subject to fuel surcharges per Rules 137, 138 and 139 as filed in the Governing Tariffs. B. TERMINAL HANDLING CHARGES: Rates contained in this Appendix and Addenda thereto are subject to Rule 960 of the Governing Tariff unless otherwise specified. C. HAZARDOUS MATERIALS SURCHARGE: Rates contained in this Schedule and Addenda thereto are subject to Rule 540 as filed in the Governing Tariff. OTHER: D. GENERAL RATE INCREASES: Except as otherwise provided herein, base freight rates, arbitraries and other special charges provided in this Schedule A and Addenda thereto shall not be subject to General Rate Increases as filed in the Governing Tariff. E. ELECTRONIC SIGNATURES: The Parties may execute or sign this Contract and any subsequent amendments and Contract -related communications by electronic signature where such signatures are considered valid under applicable law. For this purpose, "electronic signature" means an electronic symbol or text attached to or logically associated with the Contract and executed or adopted by a person with the intent and authority to sign this Contract, amendments or related communications. Such electronic signatures may be transmitted by fax, web interface or email, and must contain textual or other indication that the Party is signing the Contract, amendment or related communication. Execution of this Contract or any subsequent amendment by electronic or any other form of legal signature constitutes agreement to be bound by the terms of this Contract or amendment. F. THROUGH RATE/INLAND ONLY RATE ADJUSTMENTS: Due to volatile intermodal issues (including, but not limited to, inland port/rail congestion, fuel surcharges and power availability), Carrier reserves the right to review and adjust through and inland -only rates contained herein on a quarterly basis, commencing with the effective date of this Agreement. Should the resulting adjustment to through and inland -only rates adversely affect Shipper's ability to meet the MVC (Minimum Volume Commitment) contained herein, the MVC may be amended by the number of loads directly affected by any such adjustment. Contract No. FY2024-13 Approval Of A One Year Contract With Matson Navig... Page 22 of 45 AGENDA ITEM #14.A.1. From: Sheena Rowles at PHX x5041 To: Patricia Valerio Cc: Dave Conrad; Sheena Rowles at PHX x5041 Subject: RE: Kodiak Island Borough A0081-7 Date: Tuesday, September 12, 2023 10:38:31 AM Attachments: imaoe001.ona image004xnng A0081-7#0.doc Hi Patricia, Will this work? The attached has been updated. 111INIIUUM VOL13AE C0AfNff AMNT: 15 Container Loads LIQUIDATED D AAf_XGES: $400 per sliortfall Container Load Thank you, Masson. Ocean Shipping -Truck • Rail • Logistics Sheena RowlesI Pricing Analyst I Alaska Pricing 1 480-902-5041 From: Patricia Valerio <pvalerio@kodiakak.us> Sent: Tuesday, September 12, 2023 11:34 AM To: Sheena Rowles at PHX x5041 <SRowles@matson.com> Cc: Dave Conrad <dconrad@kodiakak.us> Subject: RE: Kodiak Island Borough A0081-7 **** SECURITY ADVISORY! This email originated externally. Verify sender is authentic before opening any attachments. Do not click on links in this email, and instead go to the sender web page directly from your browser and enter your credentials there. **** Hi Sheena, Thank you, yes, that is where we are referring to in the contract. Would it be possible to make the changes or add in a clarification that they are used interchangeably? Or would we have to obtain a whole new contract? I think it will be much clearer to our Assembly who will be approving the contract if we have the clarifying language. Thank you! Patricia Valerio Projects Assistant Contract No. FY2024-13 Approval Of A One Year Contract With Matson Navig... Page 23 of 45 AGENDA ITEM #14.A.1. Engineering & Facilities Dept. Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 ovalerio(a)kodiakak.us Ph.907-486-9341 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: Sheena Rowles at PHX x5041 <SRowles(@matson.com> Sent: Tuesday, September 12, 2023 10:26 AM To: Patricia Valerio <ovalerio( kodiakak.us> Cc: Sheena Rowles at PHX x5041 <SRowles(@matson.com>; Dave Conrad <dconrad(@kodiakak.us> Subject: FW: Kodiak Island Borough A0081-7 Hi Patricia, I'm happy to help until we can get you assigned to a Matson Sales Rep! Can you advise where in the contract you're referencing? If we're talking the below I would be happy to make changes to the verbiage. I customarily use the term "container load" for both of these, but don't typically make the changes to existing contracts. To answer your question; Yes, you'll see container/load used interchangeably. MEVI IUM 4 OLUME COMIUMEENr: 15 loads LIQUIDATED DA A6 GES: $400 per Container Let me know how I can help! Thank you! Masson. Ocean Shipping •Truck• Rail • Logistics Sheena Rowles I Pricing Analyst I Alaska Pricing 1 480-902-5041 From: Patricia Valerio <ovalerio(@kodiakak.us> Sent: Tuesday, September 12, 2023 10:34 AM To: Sara Fraser at KDK x4210 <SFraserPmatson.com>; Sheena Rowles at PHX x5041 <SRowles(@matson.com>; Theresa Donovan at KDK x 4212 <TDonovanpmatson.com> Cc: Dave Conrad <dconrad(c)kodiakak.us> Subject: RE: Kodiak Island Borough A0081-7 **** SECURITY ADVISORY! This email originated externally. Verify sender is authentic Contract No. FY2024-13 Approval Of A One Year Contract With Matson Navig... Page 24 of 45 AGENDA ITEM #14.A.1. before opening any attachments. Do not click on links in this email, and instead go to the sender web page directly from your browser and enter your credentials there. **** Good morning Sheena, I'm not sure who to direct questions about contracts to, so I have copied Sara and Theresa as well. We would like to clarify the definition of "load" and "container" and ask permission to add the definition to the contract. The words seem to be used interchangeably throughout the contract and we want to verify if they should be interpreted as interchangeable terms or if they are intended to have a different meaning from each other. Thank you, Patricia Valerio Projects Assistant Engineering & Facilities Dept. Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 ovalerio cDkodiakak.us Ph.907-486-9341 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: Sara Fraser at KDK x4210 <SFraserPmatson.com> Sent: Wednesday, September 6, 2023 12:57 PM To: Patricia Valerio <ovalerio(@kodiakak.us> Cc: Sheena Rowles at PHX x5041 <SRowlesna matson.com>; Theresa Donovan at KDK x 4212 <TDonovanCED matson.com> Subject: FW: Kodiak Island Borough A0081-6 expires 9/30/23 Hi Patricia, An updated version of the contract is attached. Sorry for the delay. In the future please reach out to Sheena and the contracts team for contract renewals. Thank you! Sara From: Sheena Rowles at PHX x5041 <SRowlesna matson.com> Sent: Tuesday, August 1, 2023 8:43 AM To: Sara Fraser at KDK x4210 <SFraser(@matson.com>; Theresa Donovan at KDK x 4212 <TDonovanCcDmatson.com> Cc: Marcia Kono at OAK CORP x4524 <MKono(@matson.com>; Beth Arndt at REN x 6668 Contract No. FY2024-13 Approval Of A One Year Contract With Matson Navig... Page 25 of 45 AGENDA ITEM #14.A.1. From: Sheena Rowles at PHX x5041 To: Patricia Valerio Cc: Sheena Rowles at PHX x5041; Dave Conrad Subject: FW: Kodiak Island Borough A0081-7 Date: Tuesday, September 12, 2023 10:26:54 AM Attachments: imaae002.Dna A0081-7.doc Hi Patricia, I'm happy to help until we can get you assigned to a Matson Sales Rep! Can you advise where in the contract you're referencing? If we're talking the below I would be happy to make changes to the verbiage. I customarily use the term "container load" for both of these, but don't typically make the changes to existing contracts. To answer your question; Yes, you'll see container/load used interchangeably. ASDVAIUM 4OLU]iE COILSIUM ENr: 15 loads LIQUIDATED DAAdAGES: $400 per Container Let me know how I can help! Thank you! Ma on, Ocean Shipping • Truck • Fail • Logistics Sheena Rowles I Pricing Analyst I Alaska Pricing 1 480-902-5041 From: Patricia Valerio <pvalerio@kodiakak.us> Sent: Tuesday, September 12, 2023 10:34 AM To: Sara Fraser at KDK x4210 <SFraser@matson.com>; Sheena Rowles at PHX x5041 <SRowles@matson.com>; Theresa Donovan at KDK x 4212 <TDonovan@matson.com> Cc: Dave Conrad <dconrad@kodiakak.us> Subject: RE: Kodiak Island Borough A0081-7 **** SECURITY ADVISORY! This email originated externally. Verify sender is authentic before opening any attachments. Do not click on links in this email, and instead go to the sender web page directly from your browser and enter your credentials there. **** Good morning Sheena, I'm not sure who to direct questions about contracts to, so I have copied Sara and Theresa as well. We would like to clarify the definition of "load" and "container" and ask permission to add the definition to the contract. The words seem to be used interchangeably throughout the contract and Contract No. FY2024-13 Approval Of A One Year Contract With Matson Navig... Page 26 of 45 AGENDA ITEM #14.A.1. we want to verify if they should be interpreted as interchangeable terms or if they are intended to have a different meaning from each other. Thank you, Patricia Valerio Projects Assistant Engineering & Facilities Dept. Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 Dvalerio(a)kodiakak.us Ph.907-486-9341 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: Sara Fraser at KDK x4210 <SFraserna matson.com> Sent: Wednesday, September 6, 2023 12:57 PM To: Patricia Valerio <pvalerio(@kodiakak.us> Cc: Sheena Rowles at PHX x5041 <SRowlesR@matson.com>; Theresa Donovan at KDK x 4212 <TDonovan(@matson.com> Subject: FW: Kodiak Island Borough A0081-6 expires 9/30/23 Hi Patricia, An updated version of the contract is attached. Sorry for the delay. In the future please reach out to Sheena and the contracts team for contract renewals. Thank you! Sara From: Sheena Rowles at PHX x5041 <SRowlesna matson.com> Sent: Tuesday, August 1, 2023 8:43 AM To: Sara Fraser at KDK x4210 <SFraser(a)matson.com>; Theresa Donovan at KDK x 4212 <TDonovan(@matson.com> Cc: Marcia Kono at OAK CORP x4524 <jV!Kono(c)matson.com>; Beth Arndt at REN x 6668 <BArndt(@matson.com>; Bridget Amato at OAK CORP x4374 <BAmatona matson.com>; Kristen Blackman at PHX x5117 <kblackman(cDmatson.com>; Sheena Rowles at PHX x5041 <SRowles(cD matson.com> Subject: RE: Kodiak Island Borough A0081-6 expires 9/30/23 Hi Sara, You bet! Please see attached. If customer is agreeable, please have them counter sign and return back to me and I'll get it processed. Contract No. FY2024-13 Approval Of A One Year Contract With Matson Navig... Page 27 of 45 AGENDA ITEM #14.A.1. Contract FY2023-18 Matson Navigation Company of Alaska, LLC. SERVICE CONTRACT NO. A0081-6 This Contract (hereafter referred to as "Contract") is by and between Matson Navigation Company of Alaska, LLC, a water carrier, (hereafter referred to as "Carrier") and Kodiak Island Borough (hereafter referred to as "Shipper"). THIS CONTRACT HAS BEEN EXECUTED BELOW BY THE DULY AUTHORIZED REPRESENTATIVE OF EACH PARTY 2/ 09/16/22 (Signature) (Date) Name: Chris Dianom Title: Vice President, Pricing Matson Navigation Company of Alaska, LLC 555 121 Street Oakland, CA 94607 Fax. No. (510) 628-7365 Z2 (Signature) (Da ) Name: David Conrad O��r�15LgN� Title: Acting Borough Manager Kodiak Island Borough Manager's Office 710 Mill Bay Road Kodiak, AK 99615 �n Tel. No. (907) 486-9343 Affiliates of Shipper Covered by this a Kodiak Island Borough Landfill, Jeff Jo Kodiak Island Borough EF Dept, Patricia c* 1963 Invoices to: pvalerioQkodiakak.us In consideration of the mutual covenants set forth herein, Carrier and Shipper (hereafter may be referred to individually as a "Party" or collectively as "Parties") hereby agree as follows: ENTIRE CONTRACT This Contract, including all attachments hereto, constitutes the full understanding of the Parties and complete and exclusive statement of the terms of the Contract. The Contract shall replace and supersede any oral or written agreements between the Parties that deal with the same subject matter as is referenced herein. II. TERM The term of this Contract is set forth in Appendix A. III. CARGO, PAYMENT, AND SERVICE COMMITMENTS A. This Contract covers the transportation of certain cargo moving in Carrier -provided containers in the U.S. noncontiguous domestic trade with Alaska, as more specifically designated below. The cargo shall be transported pursuant to the rates, terms, and conditions set forth herein and in Appendix A and Attachment 1 hereto, and subsequent revisions thereto, which are incorporated herein by reference and made a part of this Contract. B. During the term of this Contract, Shipper shall tender to Carrier for transportation a minimum volume of Contract cargo as provided for in Appendix A ("Minimum Volume Commitment"). For the purpose of calculating volume of cargo tendered under this Contract, the shipment shall be regarded as having been tendered according to the date entered by Carrier on the bill of lading. For each container of Contract cargo tendered to Carrier by Shipper for transportation under this Contract, the rates set forth in Appendix A shall apply based on the nature of the cargo, equipment type, transportation service provided (e.g., Carrier's marine terminal to Carrier's marine terminal), and origin and destination. Shipper or shipper's agent is responsible for indicating this Contract number on its shipping instructions submitted to the Carrier for each shipment applicable to this Contract. However, the Carrier shall reserve the right to permit cargoes not so noted to count toward the Minimum Volume Commitment upon proof of inadvertent omission. C. Except as otherwise expressly set forth herein, all cargo transported pursuant to this Contract shall be subject to all charges, surcharges, arbitraries, assessorials, and rules, including the terms of Carrier's bill of lading , set forth in Carrier's tariff applicable to the geographic scope of this Contract and published at www.matson.com'which tariff, including its charges, surcharges, arbitraries, assessorials, rules and Carrier's bill of lading terms, is incorporated herein by reference, made a part of this Contract, and may be amended by Carrier from time to time (hereafter referred to as "Governing Tariff(s)"). Contract No. FY2024-13 Approval Of A One Year Contract With Matson Navig... Page 28 of 45 AGENDA ITEM #14.A.1. Matson Navigation Company of Alaska, LLC. Kodiak Island Borough Service Contract A0081-6 D. The terms of Carrier's bill of lading, covering individual shipments under this Contract shall apply to shipments hereunder. In the event of a conflict among or between the terms of this Contract, Governing Tariff(s), and/or Carrier's bill of lading, the terms of Carrier's bill of lading shall prevail over the terms of this Contract and/or Governing Tariff(s), and the terms of this Contract shall prevail over the terms of the Governing Tariff(s) other than Carrier's bill of lading terms. E. Shipper shall book Contract cargo with Carrier a reasonable amount of time in advance of tender of cargo, and, if Shipper needs to cancel a booking, Shipper shall do so on a timely basis. Shipper shall space cargo bookings as evenly as possible with Carrier during the term of this Contract to enable Carrier to allocate sufficient space and equipment to satisfy Shipper's requirements. Shipper shall safely and securely load Contract cargo in and unload cargo from Carrier -provided containers at the expense of Shipper. F. Shipper shall be named as the "Shipper" and/or "Consignee" on all Carrier bills of lading covering transportation under this Contract. All cargo moving under this Contract shall move on a non-negotiable bill of lading. G. Carrier shall be compensated for the transportation of Contract cargo under this Contract pursuant to the rates, charges, terms and conditions set forth in this Contract. Provided Shipper has a current Credit Agreement executed with Carrier, Shipper shall pay Carrier all rates and charges due for each shipment under this Contract within 30 calendar days from the date of actual sailing of vessel for each such shipment, and within 30 calendar days of the actual sailing of vessel date for each such shipment in the case of demurrage and detention charges in connection with such shipments. Whenever Shipper fails to make timely payment, at Carrier's option Shipper shall prepay Carrier on a cash basis for the transportation of all future cargo moving under this Contract until Shipper brings its payments under this Contract within the payment period hereunder. Further, if payment is not made, Carrier shall have a lien which includes the right to retain custody of any and all cargo and/or equipment owned or tendered to Carrier by Shipper until all past due charges are paid in full. H. Carrier shall transport the Minimum Volume Commitment set forth in Article III.B. under this Contract on terms and conditions set forth in this Contract, as timely booked by Shipper against available space. At Carrier's option, and subject to availability of space, Carrier shall transport Contract cargo tendered by Shipper in excess of the Minimum Volume Commitment during the term of this Contract pursuant to the terms and conditions of this Contract. The Service Commitment under this Contract is subject to the schedules and service patterns of Carrier. IV. FORCE MAJEURE Notwithstanding any other provision of this Contract, to the extent that either Party may fail to satisfy any obligation imposed under this Contract (except for a payment or confidentiality obligation) as a result of "Force Majeure", performance of this Contract shall, to that extent, be deemed to have been frustrated and no cause of action for breach or liability shall arise as a consequence thereof. For the purposes of this Article, "Force Majeure" means strikes, work stoppages, lockouts or exceptional circumstances arising from the threat thereof, Acts of God, State or the Public Enemy, including but not limited to war, acts of nations, acts of governments, acts of independent states, riots, civil disorder or insurrection, embargo, participation in the US Defense Department Emergency Preparedness Program, or other disruption of or interference with trade, marine disaster, fire or other casualty. The Party suffering the Force Majeure shall diligently attempt to remove such cause or causes and shall promptly notify the other Party of its extent and probable duration. If the Party suffering the Force Majeure is unable to remove the cause or causes within 30 days, the other Party shall have the right at its option, to terminate, without imposition of penalty or obligation to pay damages, this entire Contract or any portion thereof caused by the Force Majeure event. In case of Force Majeure, the Minimum Volume Commitment and Carrier's service commitments will be reduced on a pro rata basis for the period or periods (including Saturdays, Sundays and legal holidays) during which shipments cannot be made. V. LIQUIDATED DAMAGES If, for any cause other than a cause covered by Article IV or XII of this Contract, the Minimum Volume Commitment set forth in Article III.B. of this Contract is not satisfied during the term of this Contract, Shipper shall pay Carrier liquidated damages in lieu of all other damages which would be difficult if not impossible to ascertain with reasonable certainty. Liquidated damages are determined by multiplying the difference between the number of container loads actually tendered to Carrier and the Minimum Volume Commitment, by the amount set forth in Appendix A and designated as "liquidated damages". Shipper shall pay such liquidated damages to Carrier within 30 calendar days following written notification by Carrier. VI. CONFIDENTIALITY Except to the extent required by law, by request of a government or agency thereof, or request of a contractor pursuant to contractual obligation with the Carrier, the Parties shall at all times keep confidential the fact of this Contract, the terms and conditions of this Contract, and all documents and information provided to a Party under the terms of this Contract, and shall not disclose any such information to any third party (not including a parent, subsidiary, or affiliated company), except with the prior written consent of the other Party. Notwithstanding the foregoing, the obligations under this Article shall not apply to: (i) information that, at the time of disclosure, is, or after disclosure becomes part of, the public domain other than as a consequence of a breach of this Contract; (ii) information that was known or otherwise available to a Party prior to its disclosure to the other Party; or (iii) information that is independently developed by either Party. Upon breach of any obligation under this Article, the non -disclosing Party shall have the right to terminate this Contract effective immediately; this shall be the sole remedy for such breach. Contract No. FY2024-13 Approval Of A One Year Contract With Matson Navig... Page 29 of 45 AGENDA ITEM #14.A.1. Matson Navigation Company of Alaska, LLC. Kodiak Island Borough Service Contract A0081-6 VII. WAIVER OF RIGHTS AND REMEDIES UNDER ICC TERMINATION ACT Shipper and Carrier, pursuant to section 14101(b) of the ICC Termination Act of 1995, hereby waive all rights and remedies under the Act for the transportation of cargo under this Contract; provided, however, that Shipper and Carrier do not waive the provisions governing registration, insurance, or safety fitness. VIII. TERMINATION In addition to termination provided for in Articles II, IV and VI, this Contract may be terminated by the mutual agreement of the Parties, or upon notice by the terminating Party to the other Party, which notice shall specify the reason for the termination and the effective date of such termination, upon or after the occurrence of the following events: (i) by either Party due to a breach by the other Party of any of the terns or conditions of this Contract which is not corrected within 30 days after receipt of written notification thereof; (ii) by either Party if any petition filed or action respecting the other Party directly in a reorganization, arrangement, creditors composition, readjustment, liquidation, dissolution, bankruptcy or similar relief under any other present or future United States, or other statute, law or regulation, whether or not resulting in the appointment of a receiver, liquidator, assignee, trustee, custodian, or other similar official, and the continuation of any such decree or order is unstayed and in effect for a period of 30 consecutive days; or (iii) by either Party upon the making by the other Party of an assignment for the benefit of creditors, or the admission by such Party in writing of its inability to pay its debts generally as they become due, or the taking of action by such Party in furtherance of any such action. Termination of this Contract shall not terminate or otherwise affect any accrued obligations of one Party to the other Party under this Contract which have arisen prior to such termination. IX. NOTICES All notices required to be given under this Contract shall be in writing and deemed given when hand -delivered or by documented overnight delivery service, or sent by telecopy, telefax, or other electronic transmission service, provided a confirmation copy is also sent no later than the next business day by first class mail, return receipt requested, to the Party to whom the same is directed at its address as set forth below or to such other address as such Party shall designate by notice under this Article: If to Carrier: Matson Navigation Company of Alaska, LLC 555 12"` Street Oakland, CA 94607 Attention: Vice President, Pricing If to Shipper: Name and address listed on Signatory 1s' page unless a difference listing below X. ASSIGNABILITY Any assignment of this Contract without the prior written consent of the other Party shall be void, except that Carrier may assign this Contract to a successor or affiliated company without prior consent. Notice of such assignment shall be provided by Carrier to Shipper within five business days of the assignment. This Contract shall be binding on the Parties hereto and their respective, permitted successors and assigns. XI. MODIFICATIONS Except as otherwise provided, no modification of any of the terms or conditions of this Contract shall be effective unless in writing, signed by an authorized representative of each Parry, and specifically stating that it is such modification. Modifications may be made via electronic mail, subject to mutual consent by an authorized representative of each Parry. XII. WAIVER -DEFAULT The failure or delay of either Party to insist in any instance upon strict performance of any of the provisions of this Contract, or to take advantage of any of such Party's rights hereunder, shall not be construed as a waiver of such provisions or the relinquishment of such rights, but the same shall continue in full force and effect. Should either Party be in default with respect to any of the terms or conditions of this Contract, the non -defaulting Parry may, without prejudice to any other legal remedy, defer further performance hereunder until such default is remedied. If the non -defaulting Party defers further performance hereunder, the non -defaulting Party's commitment shall be reduced for the period or periods (Saturdays, Sundays and holidays included) of such deferral of performance. XIII. COUNTERPARTS This Contract may be executed simultaneously in one or more counterparts, including by means of telefaxed signature pages, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. XIV. RECORD KEEPING In order to substantiate that the Shipper has met the minimum volume requirement as stated in Item III.B., Carrier may request copies of the bills of lading of each shipment. Upon request, bills of lading must be submitted to Carrier in a timely fashion. Contract No. FY2024-13 Approval Of A One Year Contract With Matson Navig... Page 30 of 45 Matson Navigation Company of Alaska, LLC. Kodiak Island Borough Service Contract A0081-6 APPENDIX A MINIMUM VOLUME COMMITMENT: 15 loads LIQUIDATED DAMAGES: $400 per Container DURATION: Effective Date: October 2, 2022 Expiration Date: September 30, 2023 RATES: (SOUTHBOUND) 1) Scrap Metal, to include crushed cars AGENDA ITEM #14.A.1. •om: Kodiak, AK Door Destination SVC Rate per CWT Minimum Weight EQ Notes Tacoma, WA Door-CY $ 3.16 44,000 lbs. 40FR Tacoma, WA Door-CY $ 3.90 44,000 lbs. 400T SURCHARGES: A. FUEL SURCHARGES: Rates contained in this Appendix and addenda thereto are subject to fuel surcharges per Rules 137, 138 and 139 as filed in the Governing Tariffs. B. TERMINAL HANDLING CHARGES: Rates contained in this Appendix and Addenda thereto are subject to Rule 960 of the Governing Tariff unless otherwise specified. C. HAZARDOUS MATERIALS SURCHARGE: Rates contained in this Schedule and Addenda thereto are subject to Rule 540 as filed in the Governing Tariff. OTHER: D. GENERAL RATE INCREASES: Except as otherwise provided herein, base freight rates, arbitraries and other special charges provided in this Schedule A and Addenda thereto shall not be subject to General Rate Increases as filed in the Governing Tariff. E. ELECTRONIC SIGNATURES: The Parties may execute or sign this Contract and any subsequent amendments and Contract -related communications by electronic signature where such signatures are considered valid under applicable law. For this purpose, "electronic signature" means an electronic symbol or text attached to or logically associated with the Contract and executed or adopted by a person with the intent and authority to sign this Contract, amendments or related communications. Such electronic signatures may be transmitted by fax, web interface or email, and must contain textual or other indication that the Party is signing the Contract, amendment or related communication. Execution of this Contract or any subsequent amendment by electronic or any other form of legal signature constitutes agreement to be bound by the terms of this Contract or amendment. F. THROUGH RATEANLAND ONLY RATE ADJUSTMENTS: Due to volatile intermodal issues (including, but not limited to, inland port/rail congestion, fuel surcharges and power availability), Carrier reserves the right to review and adjust through and inland -only rates contained herein on a quarterly basis, commencing with the effective date of this Agreement. Should the resulting adjustment to through and inland -only rates adversely affect Shipper's ability to meet the MVC (Minimum Volume Commitment) contained herein, the MVC may be amended by the number of loads directly affected by any such adjustment. Contract No. FY2024-13 Approval Of A One Year Contract With Matson Navig... Page 31 of 45 AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 21, 2023 ASSEMBLY REGULAR MEETING SUBJECT: Approval Of The October 3, 2023, Regular Municipal Election Officials ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to appoint the election officials for the upcoming municipal election as listed on the memo submitted by the Borough Clerk. DISCUSSION: Attached to this packet is a list of election officials for you to review and approve for the upcoming Regular Municipal Election. We would like to sincerely thank all those who volunteered and who will be devoting countless hours training and serving on election day. Their commitment to preserving democracy is appreciated during these challenging times. We also appreciate a couple of our youths who signed -up to participate in the Youth Vote Ambassador Program. We are beyond excited to see them participate in the election process. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: A. The assembly shall appoint at least three election officials in each precinct to constitute the election board of that precinct. The clerk is the election supervisor. One election official shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The clerk may appoint additional election officials at any polling place where they are needed to conduct an orderly election and to relieve other election officials of undue hardship. The clerk may appoint persons aged 16 or older as additional election officials if they meet the requirements to serve in the Youth Vote Ambassador Program under AS 15.10.108. Any person so appointed serves under the supervision of the precinct board chair. Kodiak Island Borough Approval Of The October 3, 2023, Regular Municipal Election Officials Page 32 of 45 AGENDA ITEM #14.D.1. Kodiak Island Borough OFFICE of the CLERK 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: clerks@kodiakak.us Kodiak Island Borough Municipal Election Memorandum TO : Kodiak Island Borough Assembly FROM: Nova M. Javier, MMC, Borough Clerk DATE September 21, 2023 RE. 2023 Regular Municipal Election ----------------------------------------- ----------------------------------------- Pursuant to KIB 7.30.010, 1 respectfully request approval of the following individuals who have volunteered to serve as election officials for the Borough's Upcoming Regular Municipal Election. KODIAK NO. 1 PRECINCT NO. 820 KODIAK NO. 2 Chair Sandy Peotter Co-chair Jan Chatto Judge Joan Altenhof Judge Jill Skaw Judge Ellen Lester Judge Susan Jeffrey Judge Marilyn Davidson Judge Deb Refior Judge Lyle Refior Judge Kristle Blanco MISSION ROAD PRECINCT NO. 830 Chair Alison Borton Co -Chair Anita Sholl Judge Emma Borton (YA) Judge Dmitri Katelnikoff (YA) Judge Kathleen Carlsen Judge Mary Ann Kondro Judge Robert Lachowsky Judge Erik Grupp Judge Lenith Fronda Judge Captain Prout Chair Co -Chair Judge Judge Judge Judge Judge FLATS Chair Co -Chair Judge Judge Judge Judge PRECINCT NO. 825 Clara Cleary Nicolas, Nenita Darlene Aitolu Martha Branson Jonana (JJ) Orloff Jamie Bennett Virginia Puzon PRECINCT NO. 810 Bob Brodie Michelle Weekly Mary Ann Hickey Jacqueline Landry Sophie Frets Kristi Wall EARLY VOTING TEAM ABSENTEE VOTING OFFICIALS Borough Clerk's Staff Teacon Simeonoff Akhiok City Clerk's Staff Susan Malutin Larsen Bay Justina Ignatin Old Harbor Raissa Boskofsky Port Lions Freida Nicori Ouzinkie RECEIVING BOARD Susan Norton Teresa Medina Brian Price Bronwyn Currie YA — Youth Ambassador CANVASS BOARD Marylynn McFarland Randy Busch Kate Loewen Karen Still Peggy Rauwolf (alternate) Approval Of The October 3, 2023, Regular Municipal Election Officials Page 33 of 45 N CD GJ O What's I n I t For You Youth Vote Ambassadors help voters cast their ballots and ensure that elections are fair and honest. Youth Vote Ambassadors gain real-life experiences, which they may be able to use as the basis for a special project in a government or social studies class. Youth Vote Ambassadors meet interesting people. Youth Vote Ambassadors are compensated for their work done at the polls on Election Day. Youth Vote Ambassadors also receive compensation for attending a mandatory instruction class. Get Your High School INVOLVED! Tell your principal that you want your school to partici pate in the Youth Vote Ambassador Program! To Get Involved, Contact: Region II]ections Office 9109 Mendenhall Mall Road, Suite 3 P.O. Box 110018 Juneau, AK 99811-0018 Phone: 907-465-3021 Fax: 907-465-2289 Toll Free: 866-948-8683 www.elections.alaska.gov H43RI (Rev. 4/09) Alaska Division of Elections Youth Vote Ambassador Program Get Involved Today! Youth Vote Election Workers are the people who work at polling places on Election Day: Ambassador checking -in voters, confirming Program registration status and activating voting machines. The Youth Vote Ambassador Program is designed to enliven the interest of young people in the political process and in their rights and responsibilities as citizens. Youth Vote Ambassadors assist the Division of Elections in voter outreach education by serving as Election Workers. Alaska law allows qualified high school students who are at least 16 years old to serve as Election Workers. Students must submit an application to the Division of Elections to be considered for the Youth Vote Ambassador Program. Who Can Be A Youth Vote Ambassador? A Youth Vote Ambassador must be a high school student in good standing and at least 16 years old. Election Workers must be U.S. citizens who are available to work during polling place hours. Students must have written permission from a parent or legal guardian. They may be requested to attend an Election Worker training session under the direction of an election official. Election Workers cannot have a con- viction for fraud or election offenses. Election Workers cannot be a close relative of any candidate on the ballot. Where Do You Start? Are you interested in earning money while serving our State? Want to get involved in the Youth Vote Ambassador Program? Contact the Region I Elections Office Today! Election Workers will explain the program. All the materials needed to put the program into effect will be provided. Alaska Division ofElections Region I Elections Office 9109 Mendenhall Mall Road, Suite 3 P.O. Box 110018 Juneau, AK 99811-0018 Phone: 907-465-3021 Fax: 907-465-2289 Toll Free: 866-948-8683 www.elections.alaska.gov AGENDA ITEM W.A. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 21, 2023 r ASSEMBLY REGULAR MEETING SUBJECT: Discussion Of Litigation Strategy Regarding Kodiak Area Native Association v. Kodiak Island Borough, Case No. 3 KO-21-57CI ORIGINATOR: Scott A Brandt -Erichsen, Borough Attorney RECOMMENDATION: Move to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(a) to discuss pending litigation to which the Borough is a party and to provide direction to the Borough Attorney Borough regarding that litigation. Move to invite the Mayor and Assembly into Executive Session as well as the Borough Attorney, the Borough Manager, the Borough Finance Director, the Borough Assessor, and the Borough Clerk. DISCUSSION: This executive session has been scheduled to permit the Assembly to receive information concerning the present litigation strategy regarding the pending appeal of the denial of a charitable purpose exemption application as to several parcels of real property owned by the Kodiak Area Native Association (KANA), and to provide the Attorney with direction concerning the case and possible actions or strategy relating to a similar case involving the City of Nome. 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: a. Potential or pending litigation to which the borough may become or is a party;..." Kodiak Island Borough Discussion Of Litigation Strategy Regarding Kodiak Area Native Associati... Page 36 of 45 1 AGENDA ITEM #19.A. SOLID WASTE ADVISORY BOARD REGULAR MEETING MINUTES MAY 24TH, 2023 at SJS KODIAK FISHERIES RESEARCH CENTER Call to Order Kerry Irons called the regular meeting to order at 5:37pm. Roll Call Board Secretary Brian Price conducted a roll call, a quorum was established. Board members present were Vice -Chair Kerry Irons, Terri Pruitt, Lawrence Van Deale, and Chair Andie Wall who arrived later due to travel delays. A Quorum was established. Other members present were KIB Solid Waste Manager Jena Hassinger, KIB Engineering and Facilities Director David Conrad, USCG Representative Jennifer Nutt, and Alaska Waste Representative David Edwards. Approval of Agenda VAN DAELE MOVED to approve the agenda as amended to include discussion of planning for the town hall meeting about bears. PRUITT seconded. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Approval of Minutes WALL MOVED to approve the minutes of March 22, 2023. IRONS seconded. ROLL CALL VOTE ON MOTION CARRRIED UNANIMOUSLY. VAN DAELE MOVED to approve the minutes of April 19, 2023. WALL seconded. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Acknowledgement of Financial Report Kerry Irons acknowledged the financial report. The board discussed with KIB Staff for clarification on figures within the report. Visitor Comments Discussion Items: A. Living With Bears Around Kodiak —Town Hall Meeting Lawrence Van Daele provided the meeting members with a handout draft that outlined planning and logistics of the proposed town hall meeting in conjunction with the Kodiak Unified Bear Subcommittee set for June 17th. Several entities had expressed interest in participating. Each entity will have a representative to answer public questions. More details on the meeting format were expressed such as time frame and structure. Ideas such as door prizes were brought up. The board discussed. SOLID WASTE ADVISORY BOARD, REGULAR MEETING MINUTES, MAY 24, 2023 — 5:15PM Page 1 of 3 Solid Waste Advisory Board Minutes of May 24, 2023, and June 21, 2023. Page 37 of 45 AGENDA ITEM #19.A. VAN DAELE MOVED to continue working with KUBS for B. Threshold Services Report (if present) C. Alaska Waste Report (if present) D. City of Kodiak Report (if present) E. Engineering and Facilities Report (if present) David Conrad gave his report. He made comments regarding the SWAB survey recently put out. There were questions on the survey he felt the board needed to educate themselves on before trying to gather public opinion regarding the topics. Examples such as fiscal impacts and the reality of solid waste management in Kodiak were listed. David Conrad also recommended bringing forward events, planning, and data to the Borough Assembly. The board discussed the purpose of the survey. F. Outreach Reports Terri Pruitt gave her report on the recently written newspaper articles. She stated that the article space in the paper is available every other week for SWAB. Edits to Terri Pruitt's article were mentioned. G. Strategic Planning and Organization Staff Brian Price gave his report on the recent purchasing of Art Contest tote bags. He shared details such as pricing, shipping, and the procurement process for the items. The board discussed the possible purchase of the last part of the order but decided it would not get here in time if done so. Andie Wall noted the next meeting scheduled for June 28, 2023 and that she would not be able to attend. Kerry Irons suggested that the meeting be scheduled a week earlier so that Andie can be present. The board wanted to schedule it as a special meeting focused on strategic planning and organization. Kerry Irons planned to put together an agenda to get to board staff Brian Price. Visitor Comments Board Member Comments Lawrence Van Daele — I personally would like to see something similar to the survey we gave to the public given to the SWAB members so that we can educate ourselves on the background of and solutions to problems. It will help us be more realistic about what we're working on. Andie Wall — Larry, I want to thank you for effort in connecting KUBS and SWAB. I think this is a great opportunity to establish a relationship between and continued support. I look forward to partnering with KUBS and other entities moving forward. Also, thanks to Dave for your comments. I think the SWAB educating themselves is important. I'd like to also mention I will be out of town the 24th of June through the 20 of July and will be unavailable during that time. Kerry Irons — Thanks to you guys. Very helpful conversations. Larry thank you for your effort with the town hall meeting. SOLID WASTE ADVISORY BOARD, REGULAR MEETING MINUTES, MAY 24, 2023 — 5:15PM Page 2 of 3 Solid Waste Advisory Board Minutes of May 24, 2023, and June 21, 2023. Page 38 of 45 Meeting Schedule AGENDA ITEM #19.A. Next meeting was a special meeting scheduled for June 21, 2023 at 5:15pm. Adjournment Vice Chair Kerry Irons Adjourned the meeting at 7:12pm BMITTED BY: Wlfi F - Mev) ey) -- Brian Price, Board Secretary KIB Engineering/Facilities Department APPROVED BY: Andie Wall, Chair Solid Waste Advisory Board SOLID WASTE ADVISORY BOARD, REGULAR MEETING MINUTES, MAY 24, 2023 — S:1SPM Page 3 of 3 Date: 6 /A-) 120 SEP 12 2023 BOROUGH CLERK'S OFFICE KODIAK, ALASKA Solid Waste Advisory Board Minutes of May 24, 2023, and June 21, 2023. Page 39 of 45 AGENDA ITEM #19.A. SOLID WASTE ADVISORY BOARD SPECIAL MEETING MINUTES June 2111, 2023 at 5:15pm Kodiak Island Borough Conference Room Call to Order Kerry Irons called the special meeting to order at 5:18 pm. Roll Call Brian Price conducted a roll call, a quorum was established. Board members present were Terri Pruitt, Vice Chair Kerry Irons, Lawrence Van Daele, Robert Williams, and Chair Andie Wall who arrived shortly after the call to order. Other members present were KIB Engineering and Facilities Director David Conrad and KIB Solid Waste Manager Jena Hassinger. Visitor Comments: John Parker — Hi, my name is John Parker, I'm not here for Bayside but I am with the Bayside fire district. I was inspired from the bear meeting last Saturday and had looked for an opening on the board in the past, but things change and come up and I guess it got away from me. I will be putting in my letter in for application, and, hopefully, I'll be joining you at some time. Aimee Williams — Hey, I just wanted to thank everyone for participating in the bear aware meeting this past Saturday. It was great to see the people come out and give their opinions on the matter. Masumi Palhof — I talked to Andie a little about it before, but I wanted to mention that I know myself and others want to see the fishing gear salvage back available for the public. If the landfill is getting as full as we hear, I think it would be worth figuring out ways to do that without it costing too much. Discussion Items: a. STRATEGIC PLANNING i. Review Strategic Plan from Aprill 2022 — Brief Review The board reviewed the strategic plan created in April 2022. Kerry Irons noted that the priority of the strategic plan was to create a survey. Events of the past year shifted the priority away from the survey, and was later refocused on after feedback from Comfish. ii. Survey The survey gathered 42 opinions from the public. Chair Andie Wall shared the topics that were most prominent in the responses. Key priorities brought up were comments or questions on transfer sites, salvage or lack thereof, increased recycling (glass specifically), and lack of background knowledge on the landfill. David Conrad brought up board education as a concern. The board discussed possibilities to educate themselves on the topics and gauged issues that could arise from surveying the public with a lack of SOLID WASTE ADVISORY BOARD, SPECIAL MEETING MINUTES, JUNE 21ST, 2023 — 5:15PM Page 1 of 4 Solid Waste Advisory Board Minutes of May 24, 2023, and June 21, 2023. Page 40 of 45 AGENDA ITEM #19.A. information. Aimee Williams gave her personal opinions on potential outcomes that should be considered when administering a survey. Terri Pruitt and Andie Wall reiterated the purpose of the survey. Andie clarified that the survey was not intended to generate community backing on any one solid waste management topic, but instead to give the board an idea of what the topics the public is thinking about. The board continued to discuss critiques to the survey. Eliminating "leading" questions and cross - culture availability were noted as important for improving the survey. Aimee Williams advised the board on the benefit of informing the KIB Assembly of the board's plans and outlook. Dave Conrad agreed with Aimee Williams and felt that it can save time and effort to have a yes or no from the assembly regarding feasibility of solid waste management solutions desired by the public. Lawrence Van Daele strongly agreed and suggested regularly appearing before the KIB Assembly as a board, not just the chair and vice chair. The KIB website was discussed as an option as well to dispense information to the public more readily. Dave Conrad suggested linking external resources that allow the public to educate themselves on the data and reasonings behind solid waste management choices in Kodiak. WALL MOVED to use the survey and feedback received at events through the past year to input the data into the next strategic plan. VAN DAELE Seconded. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY. iii. Clarifying Roles and Responsibilities of the Board Kerry Irons differentiated this section from the outlined roles and responsibilities expressed in the SWAB bylaws. Andie Wall explained this outline is for the finer details like making requests with staff, knowing when and what to use motions for in a meeting, and other subtle topics not expressed in the bylaws. This would be something even board members in the future could use. A site visit to the landfill was brought up as an option to further educate the board members about the facility. The board discussed scheduling and decided to wait until August to do so when all members can be present. iv. Outreach The outreach topics were compiled from the various discussions over the course of the past year's meetings and comments gathered from the public. The board structured each topic to have a date and a "lead" person to move forward on the idea. Annual events were discussed first. The availability of the board members was noted as a factor. Partnerships with different entities involved in solid waste management for such events were brought up as a possibility and discussed by the board. Experiences of the past year's events were shared to gauge the value of attending them. Of the events discussed, the board decided to attend the Community Cleanup HHW (lead: KIB Staff), Crabfest (lead: Kerry Irons), The Downtown Block Party (lead: Kerry Irons), the Fall Commercial Hazardous Waste Event (lead: KIB Staff), and America Recycles Day. SOLID WASTE ADVISORY BOARD, SPECIAL MEETING MINUTES, JUNE 21ST, 2023 — S:1SPM Page 2 of 4 Solid Waste Advisory Board Minutes of May 24, 2023, and June 21, 2023. Page 41 of 45 AGENDA ITEM #19.A. The board continued and moved the focus from events to other outreach topics. Andie Wall offered herself to lead social media posting and would like to lead in holiday events. Pamphlets and trifolds were brought up as a helpful outreach option to consider. The coloring books were mentioned, and ideas for improving it were explored. Stickers and tote bags were mentioned shortly after. Staff Brian Price was directed to compile an inventory of remaining SWAB goods. A lecture series was discussed as an outreach option. The board collaborated ideas for hosting informational meetings regularly. Lawrence Van Daele suggested the regular SWAB newspaper articles through Kodiak Daily Mirror could catenate such informational meetings. For clarifying recycling programs of the schools, Kerry Irons offered to lead. She had participated in outreach with the schools the past year and felt confident and familiar to lead this outreach topic. Andie Wall mentioned the village schools should be included in any art contests conducted. Ideas for presenting to the Assembly for support of outreach to village schools were shared. Lawrence Van Daele suggested partnering with Koniag. v. Other Topics for Consideration on Strategic Plan Due to time constraints, the board agreed to postpone discussion of Other Topics for Consideration on the Strategic Plan. Staff Brian Price was directed to include the discussion item in the next meeting agenda. Board Member Comments None - Meeting Schedule Next Meeting was scheduled on July 26, 2023. Adjournment VAN DAELE MOVED to adjourn. IRONS seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 7:17pm. SOLID WASTE ADVISORY BOARD, SPECIAL MEETING MINUTES, JUNE 21ST, 2023 - 5:15PM Page 3 of 4 Solid Waste Advisory Board Minutes of May 24, 2023, and June 21, 2023. Page 42 of 45 r SU MITTED BY: 10 . Ja t) �.L;Brian Price, Board Secretary KIB Engineering/Facilities Department APPROVED BY: 1 Andie Wall, Chair Solid Waste Advisory Board SOLID WASTE ADVISORY BOARD, SPECIAL MEETING MINUTES, JUNE 21ST, 2023 — 5:15PM Page 4 of 4 AGENDA ITEM #19.A. Date: !f '50/1'0z' Date: 61?yj-120z'3 SEP 12 2023 BOROUGH CLERK'S OFFICE KODIAK, ALASKA Solid Waste Advisory Board Minutes of May 24, 2023, and June 21, 2023. Page 43 of 45 AGENDA ITEM #19.B. FIRE PROTECTION AREA NO.1 BOARD SPECIAL MEETING May 18, 2023 at 6:O0pm Bayside Fire House 1. CALL TO ORDERIPLEDGE OF ALLEGIANCE Chair Richard Carstens called the regular meeting to order at 6:03 2. ROLL CALL Board members present were Chair Richard Carstens, Vice -Chair Paul VanDyke, Mike Dolph, John Parker, and Craig Walton who arrived late to the meeting. Also present were Staff Brian Price and Fire Chief Lee Finlayson. 3. APPROVAL OF AGENDA, MINUTES, AND FINANCIAL REPORT VAN DYKE MOVED to approve the agenda, minutes and acknowledge the financial report. PARKER seconded. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 4. VISITOR COMMENTS — 5. FIRE CHIEF'S REPORT Chief Finlayson informed the board that flow testing SCBAs are to be done Monday. Pump testing was up to par, and ladder testing as well. Silent auction `ride-alongs' were completed. He referenced the invoice from LN Curtis for the purchase of last 2 sets of turnout gear. All sets are to be done in August. For the apparatus, he told the board of his conversation with David Conrad and the vehicle dealer and listed the price offered at $14,000.00. He noted if the offer is not accepted, it would be up to 12 months before another chassis is available. Chair Carstens asked who is to make the decision on the purchase. Chief Lee explained it is for board approval and offered more detail on the matter. Vice Chair VanDyke asked for further clarification and voiced concerns of the time frame and provisions of the contract with the dealer. The two discussed. John Parker asked if there was any documentation that was substantiated from Chief Finlayson's conversations with the attorney and David Conrad. Chief Finlayson said there was not. He asked Chair Carstens how to move forward with the situation. Chair Carstens stated he was not in favor of going back to the attorney nor restarting the process of purchasing the vehicle. Procedural concerns were voiced before affirming that he wants to move forward with the contract available. Chair Carstens noted, due to the lack of the matter's inclusion on the agenda, no motion could be made to move forward. More concerns were discussed. FIRE PROTECTION AREA 1 BOARD, SPECIAL MEETING MINUTES MAY 18TH, 2023-6:OOPM Page 1 of 3 Fire Protection Area No. 1 Board Special Meeting Minutes of May 18, 2023 Page 44 of 45 AGENDA ITEM #19.B. 6. CHAIRPERSONS' REPORT — None. 7. NEW BUSINESS a. Purchase of Additional Sets of Turnout Gear VANDYKE MOVED to approve purchase of 2 sets of turnouts, pants and jackets, from LN Curtis. WALTON seconded. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMIOUSLY. b. Update on Bayside Fire Department Addition The board discussed the floor plan drawings and possible changes. VANDYKE MOVED to provide additional comment to the architect. PARKER seconded. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY. 8. BOARD MEMBERS COMMENTS M. Dolph — Hopefully we can keep things moving. Where will we be with these modifications to the addition 2 months from now. I also wanted to bring up the issue with the swipe card locks. The door out back doesn't work. J. Parker — I think if we could order more batteries to have in stock for our locksmith to use it would be helpful, so he doesn't have to wait. C. Walton — I apologize for not being here right on time, but I was working and made it here as quick as I could. Other than that, I hope we can move forward on these items as quick as possible. P. VanDyke — Richard, please go talk to the Borough Manager, and communicate our concerns with her directly. R. Carstens — I am very disappointed with what we got from Jensen Yorba through Engineering and Facilities and such. It's almost like we were given something to just keep us off their backs. We had no information other than this, not answering the main question. It would have been nice to have gotten an explanation. 8. NEXT MEETING SCHEDULE Call of the Chair. 8. ADJOURNMENT Chair Carstens adjourned the meeting at 6:50pm. FIRE PROTECTION AREA 1 BOARD, SPECIAL MEETING MINUTES MAY 18TH, 2023-6:OOPM Page 2 of 3 Fire Protection Area No. 1 Board Special Meeting Minutes of May 18, 2023 Page 45 of 45 SUBMITTED BY: Brian Price, Board Secretary KIB Engineering/Facilities Department APPROVED BY: Chair Richard Carstens Fire Protection Area #1 L AGENDA ITEM #19.B. Date: J - Q - ZO23 Date: SEP 13 201) BOROUGH CLERICS OFFICE KODIAK, ALASKA FIRE PROTECTION AREA 1 BOARD, SPECIAL MEETING MINUTES MAY 18TH, 2023-6:OOPM Page 3 of 3 Fire Protection Area No. 1 Board Special Meeting Minutes of May 18, 2023 Page 46 of 45 Kodiak Island Borough Assembly Regular Meeting Guidelines Assembly Chambers Thursday, September 21, 2023, 6:30 p.m. 1. INVOCATION MAJOR DAVE DAVIS OF THE SALVATION ARMY. 2. PLEDGE OF ALLEGIANCE MAYOR ARNDT WILL LEAD 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 KIBC 2.25.070... the chair shall cause the record to reflect the absence of the member, the reason for the absence, and whether the absence is excused by the assembly. Recommended motion: Move to excuse Assembly Member LeDoux who is absent due to personal leave. ROLL CALL VOTE ON MOTION 5. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed marked with an asterisk (') are considered to be routine and non -controversial items by the Assembly and will be approved by one motion. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION 6. *APPROVAL OF MINUTES A. Regular Meeting Minutes Of September 7, 2023 7. CITIZENS' COMMENTS Agenda items not scheduled for public hearing and general comments. Read the phone numbers: Local is 907-486-3231; Toll Free is 1-855-492-9202. Page 1 of 4 Please ask speakers to: 1. Sign in and state their name for the record. 2. Turn on the microphone before speaking. 3. Address all remarks to the assembly as a body and not to any member thereof. 4. If calling in — turn off any listening devices to prevent feedback 8. AWARDS AND PRESENTATIONS 9. COMMITTEE REPORTS 10. PUBLIC HEARING 11. BOROUGH MANAGER'S REPORT 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2024-13 Approval Of A One Year Contract With Matson Navigation Company Of Alaska, Inc. For Metals Processing and Hauling Recommended motion: Move to authorize the Borough Manager to approve Contract No. FY2024-13 with Matson for Metals Processing and Hauling. Staff report — Dave Conrad, E&F Director Assembly discussion. ROLL CALL VOTE ON THE MOTION 14.13. RESOLUTIONS 14.C. ORDINANCES FOR INTRODUCTION Page 2 of 4 14.11). OTHER ITEMS 1. Approval Of The October 3, 2023, Regular Municipal Election Officials Recommended motion: Move to appoint the election officials for the upcoming municipal election as listed on the memo submitted by the Borough Clerk. Staff report — Nova M. Javier, Borough 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 16. ASSEMBLY MEMBERS' COMMENTS The next Assembly work session is scheduled on Thursday, September 28, 2023, at 6:30 p.m. in the Borough Assembly Chambers. The next regular meeting is scheduled on Thursday, October 5, 2023, at 6:30 p.m. in the Borough Assembly Chambers. Early Voting for the upcoming October 3, 2023, Municipal Election will be available from 10 a.m. to 4 p.m. through Monday, October 2 in the Borough Assembly Chambers. Election Day is October 3, don't forget to Vote! Page 3 of 4 17. EXECUTIVE SESSION A. Discussion Of Litigation Strategy Regarding Kodiak Area Native Association v. Kodiak Island Borough, Case No. 3 KO-21-57CI Recommended motion: Move to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(a) to discuss pending litigation to which the Borough is a party and to provide direction to the Borough Attorney regarding that litigation. Assembly discussion. ROLL CALL VOTE ON THE MOTION Recommended motion: Move to invite the Mayor and Assembly into Executive Session as well as the Borough Attorney, the Borough Manager, the Borough Finance Director, the Borough Assessor, and the Borough Clerk. VOICE VOTE ON MOTION After the vote, Mayor Arndt recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Arndt reconvenes the regular meeting and announces • No action is to be taken as a result of the executive session. Direction may be given to the Borough Attorney on how to proceed. -o r- • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of 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 4 of 4 Regular V Special Convened: BY: SECOND: YES I NO Mr. Delgado Mr. Griffin Mr. LeDoux KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: BY: 5 SECOND: Mr. Delgado Mr. Griffin \6v YES N( Reconvened: I BY: , BY: `-�7 SECOND: 1� Mr. Delgado Mr. Griffin c,� �uJ SECOND: 5G Date: Vq)C2 6'5 Adjourned: BY: SECOND: JC -A YES NO Mr. Delgado I,/ Mr. Delgado Mr. Griffin V Mr. Griffin YES Mr. Sharratt ✓ Mr. Sharratt Mr. Sharratt Mr. Sharratt I ✓ Mr. Sharratt 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 OULD ANYONE LIKE TO CHANGE_ THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: The mayor may n 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 Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt fil Regular Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: (P A Date: 02 I /Clz- Reconvened: ' I , Ad' urned: I BY: C,5 SECOND: yN. BY: SECOND: \ �V V' BY: SECON : U, BY: SECOND: BY: SECOND: YES INO YES NO Mr. Delgado YES NO YES. NO YES NO Mr. Delgado I VMr. Delgado Mr. Delgado Mr. Delgado Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr . Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Smiley V Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smith V 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: 41�; 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 Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Q:33 ,c C,(," vcf� ASSEMBLY'S PREROGATIVE IN JUDGING VOTING PROCEDURE Unless the bylaws provide otherwise, the Assembly itself is the judge of all questions arising that are incidental to the voting or the counting of the votes. In an election by ballot, for example, the tellers (p.401, I. 16-21) should refer to the Assembly for decision on all questions on which there is any uncertainty. REQUIRED VOTES FOR MOTIONS • (Motions requiring 2/3 vote to carry (7 present requires 5) ✓ Reconsideration on the same day ✓ Suspension of rules ✓ Limit of extend debate ✓ Declaring vacancy on the Assembly and Office of the Mayor ✓ Budget Adoption Veto — Override ✓ Extending the adjournment time beyond 11 p.m. Attorney's opinion dated April 6, 2023 Absences do not reduce the vote requirement. Otherwise, if there were only four (4) present, it might mean that 3 votes would approve a motion. The court is more likely to treat it as the number of votes of the fully constituted body, and would only reduce the number of persons were disqualified not just absent. He expected a court to read the voting requirement to include 2/3 of the FULL membership not just those who are in attendance. Majority vote is majority of the membership (quorum) ✓ Point of Order (KIBC 2.30.080) ✓ Previous Question ✓ Recess — not to exceed 20 minutes ✓ Appealing the decision of the chair when it comes to conflict of interest ✓ Extending the adjournment time beyond 10:30 p.m. ✓ Appointing the DPO requires majority ✓ Appointing a Manager (no sooner than one year after leaving Mayor/Assembly office) ✓ Calling a special meeting ✓ The same motion that receives the same outcome two meetings in a row shall not be revisited for six months unless the members by a majority vote agree to do so. KODIAK ISLAND BOROUGH Meeting Type: �, �Q A Date: Please PRINT your name legibly Phone number � � 0 �, Ga +o vN Kodiak Island Borough J� Assembly Newsletter Vol. FY2024 No. 06 September 22, 2023 At Its Regular Meeting Of September 21, 2023, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On October 5, 2023, At 6:30 p.m. In The Borough Assembly Chambers. AUTHORIZED The Borough Manager To Approve Contract No. FY2024-13 With Matson Navigation Company Of Alaska, Inc. For Metals Processing And Hauling APPOINTED The Election Officials For The Upcoming October 3, 2023, Regular Municipal Election As Listed On The Memo Submitted By The Borough Clerk CONVENED Into Executive Session To Discuss Litigation Strategy Regarding Kodiak Area Native Association v. Kodiak Island Borough, Case No. 3 KO-21-57CI Under The Authority Of KIBC. 2.30.030 (F)(1)(A) To Which The Borough Is A Party And To Provide Direction To The Borough Attorney Regarding That Litigation. INVITED The Mayor And Assembly Into Executive Session As Well As The Borough Attorney, The Borough Manager, The Borough Assessor, And The Borough Clerk. ANNOUNCED That Direction Was Given To The Borough Manager On How To Proceed With This Case 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. FY2024 No. 06 September 22, 2023 At Its Regular Meeting Of September 21, 2023, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On October 5, 2023, At 6:30 p.m. In The Borough Assembly Chambers. AUTHORIZED The Borough Manager To Approve Contract No. FY2024-13 With Matson Navigation Company Of Alaska, Inc. For Metals Processing And Hauling APPOINTED The Election Officials For The Upcoming October 3, 2023, Regular Municipal Election As Listed On The Memo Submitted By The Borough Clerk CONVENED Into Executive Session To Discuss Litigation Strategy Regarding Kodiak Area Native Association v. Kodiak Island Borough, Case No. 3 KO-21-57CI Under The Authority Of KIBC. 2.30.030 (F)(1)(A) To Which The Borough Is A Party And To Provide Direction To The Borough Attorney Regarding That Litigation. INVITED The Mayor And Assembly Into Executive Session As Well As The Borough Attorney, The Borough Manager, The Borough Assessor, And The Borough Clerk. ANNOUNCED That Direction Was Given To The Borough Manager On How To Proceed With This Case