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2023-10-05 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, October 5, 2023, 6:30 p.m. This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's You Tube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. 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. Special Meeting Of September 14, 2023 And Regular Meeting Of 4 - 8 September 21, 2023 Assembly 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 A. Proclamation Declaring Filipino American National History Month 9-10 Aaenda Item Reoort - Pdf 9. COMMITTEE REPORTS Page 0 of 66 10 11 12 13 14 PUBLIC HEARING Please call 1(907) 486-3231 or toll free 1(855) 492-9202 BOROUGH MANAGER'S REPORT A. Borough Manager's Report 11 - 20 2023-10-05 Borough Manager's Report MESSAGES FROM THE BOROUGH MAYOR CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Resolution No. FY2024-08 Approving The Assembly 21 -25 Meeting Calendar For The Year 2024 Agenda Item Report - Pdf 2. Resolution No. FY2024-10 Designating The Temporary 26-27 Administrative Official During The Absence Of The Borough Manager Agenda Item Report - Pdf 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2024-06 Amending the Kodiak Island 28-49 Borough Personnel Rules and Regulations Ordinance No. FY2024-06 - Pdf 2. Ordinance No. FY2024-07 Reestablishing Boards, 50-54 Committees, And Commissions As Established In The Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel Chapter 2.100 Boards, Committees, And Commissions Agenda Item Report - Pdf 1. Confirmation Of Mayoral Appointment To The Parks And 55-58 Recreation Committee Of Mr. Pisa Faumui Agenda Item Report - Pdf 2. Confirmation Of Assembly Appointment To The Monashka 59-62 Bay Road Service Area Of Mr. Thomas Lance Agenda Item Report - Pdf Page 1 of 66 15. CITIZENS' COMMENTS 16. ASSEMBLY MEMBERS' COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS A. Planning and Zoning Commission Regular Meeting Minutes of 63-66 May 17, 2023 P&Z RM Minutes This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's You Tube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. For public comments, please call (907) 486-3231 or (855) 492-9202. Page 2 of 66 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Special Meeting September 14, 2023 A special meeting of the Kodiak Island Borough Assembly was held on September 14, 2023, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Aimee Williams, Finance Director Dora Cross, Assessor Seema Garoutte, and Borough Clerk Nova M. Javier. ROLL CALL Present were Mayor Scott Arndt, Assembly members Joseph Delgado, Jared Griffin, Larry LeDoux, Ryan Sharratt, Scott Smiley, and James Turner. CITIZENS COMMENTS The following spoke under citizen's comments: • Dan Rohrer • Carlene McChesney • John Whiddon CONSIDERATION OF MATTER(S) IN THE CALL FOR THE SPECIAL MEETING A. EXECUTIVE SESSION Discussion Of Litigation Strategy Regarding Kodiak Area Native Association v. Kodiak Island Borough, Case No. 3 KO-21-57CI SMILEY moved 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. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO TWO: Delgado, Griffin, LeDoux, and Smiley (AYES); Sharratt, and Turner (NOES) SMILEY moved 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 CARRIED UNANIMOUSLY. After the vote, Mayor Arndt recessed the special meeting and convened the executive session at 6:42 p.m. Upon returning from the executive session, Mayor Arndt reconvened the special meeting at 8:25 p.m. and announced that direction was given to the Borough Manager and Borough Attorney on how to proceed with this case. Kodiak Island Borough September 14, 2023 Assembly Special Meeting Minutes Page 1 of 2 Special Meeting Of September 14, 2023 And Regular Meeting Of September 2... Page 4 of 65 ADJOURNMENT SMILEY moved to adjourn the meeting at 8:26 p.m. AGENDA ITEM #6.A. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Kodiak Island Borough September 14, 2023 ATTEST: Nova M. Javier, Borough Clerk Assembly Special Meeting Minutes Page 2 of 2 Special Meeting Of September 14, 2023 And Regular Meeting Of September 2... Page 5 of 65 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting September 21, 2023 A regular meeting of the Kodiak Island Borough Assembly was held on September 21, 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 Deputy Clerk Lina Cruz. 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, Geoff Smith, Ryan Sharratt, Scott Smiley, and James Turner. SMILEY moved to excuse Assembly Member Larry LeDoux who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 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 September 7, 2023 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Dan Rohrer 8. AWARDS AND PRESENTATIONS 9. COMMITTEE REPORTS • Assembly member Griffin provided a report on the Health and Facilities Advisory Board Meeting. Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2023 Page 1 of 3 Special Meeting Of September 14, 2023 And Regular Meeting Of September 2... Page 6 of 65 AGENDA ITEM #6.A. • Assembly member Delgado noted that the Rural Leadership Forum was ongoing. He said that everyone was pleased with the CIP list procedure this year and praised the Planning and Zoning Commission process as well. 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 SMILEY moved to authorize the Borough Manager to approve Contract No. FY2024-13 with Matson for Metals Processing and Hauling. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Smiley, Smith, and Turner (AYES); Sharratt (NO). 14.B. RESOLUTIONS 14.C. ORDINANCES FOR INTRODUCTION 14.D. OTHER ITEMS 1. Approval Of The October 3, 2023, Regular Municipal Election Officials SMILEY moved to appoint the election officials for the upcoming municipal election as listed on the memo submitted by the Borough Clerk. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Sharratt, Smiley, Smith, Turner, and Delgado. 15. CITIZENS' COMMENTS The following spoke under citizens' comments: • Judith Clayton 16. ASSEMBLY MEMBERS' COMMENTS • Assembly Member Turner had no comment. • Assembly Member Delgado had no comment. • Assembly member Griffin thanked all the election workers who volunteered for the upcoming election. He announced the upcoming Candidates Forum which Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2023 Page 2 of 3 Special Meeting Of September 14, 2023 And Regular Meeting Of September 2... Page 7 of 65 AGENDA ITEM #6.A. is hosted by KMXT and Chamber of Commerce. He attended the Rural Leadership Forum and was glad to see everyone and he hoped that the Assembly could visit the villages someday. Assembly Member Smith had no comment. Assembly Member Smiley had no comment. Assembly member Sharratt thanked Paul VanDyke for his 30 years of service. He encouraged assembly members, with the approval of the Manager, to spend some time communicating with Staff. He was encouraged by the time he spent with E&F Director Conrad and noted that he learned a lot. 17. EXECUTIVE SESSION A. Discussion Of Litigation Strategy Regarding Kodiak Area Native Association v. Kodiak Island Borough, Case No. 3 KO-21-57CI SMILEY moved 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. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Delgado, and Griffin (AYES); Sharratt and Turner (NOES). SMILEY moved 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 CARRIED UNANIMOUSLY. After the vote, Mayor Arndt recessed the regular meeting and convened the executive session at 7:11 p.m. Upon returning from the executive session, Mayor Arndt reconvened the regular meeting at 8:18 p.m. and announced that direction was given to the Borough Manager on how to proceed with this case. 18. ADJOURNMENT SMILEY moved to adjourn the meeting at 8:19 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor ATTEST: Nova M. Javier, Borough Clerk Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2023 Page 3 of 3 Special Meeting Of September 14, 2023 And Regular Meeting Of September 2... Page 8 of 65 AGENDA ITEM #8.A. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 5, 2023 ASSEMBLY REGULAR MEETING SUBJECT: Proclamation Declaring Filipino American National History Month ORIGINATOR: Irene Arellano, Assistant Clerk RECOMMENDATION: The Mayor will proclaim the month of October as Filipino American National History Month. DISCUSSION: This proclamation declares the month of October Filipino American National History Month and urging all citizens to participate in the festivities celebrating the rich heritage and traditions of the Philippine Islands. Kodiak Fil-Am President Mark Vizcocho will be receiving the proclamation. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Proclamation Declaring Filipino American National History Month Page 9 of 65 AGENDA ITEM #8.A. �i r//it' i► it i ��r r i i it "i V4rV,Cj471njj&0jt DECLARING :OCTOBER 2023 AS, FILIPINO AMERICAN NATIONAL HISTORY MONTH WHEREAS, Filipino American history and culture must be promoted because of the role of Filipino American in the history of Kodiak and Alaska; and WHEREAS, positive role models will be able to instill and teach the Filipino American youth the importance of education, ethnicity, and values of their legacy; and WHEREAS, Kodiak is fortunate to count among its population a large concentration of citizens of Filipino descent, including those who have lived in Kodiak for generations and those who are new to the Kodiak Area, who contribute to Kodiak's economy and society through their commitment to professions, commerce, family, and the arts; NOW, THEREFORE, I, Scott Arndt, Mayor of the Kodiak Island Borough do hereby proclaim the month of October 2028 as: Filipino American National History Month as established by the trusteed of the Filipino American National Historical Society. CJ7n witness whereof, cJ hare hereunto set mp wand and cause this seal to be of wd. 030tt.Arndt, c> f r 6lttest ------ ------------ Ci�ORT cm wrier, c G�fG' G'lerk Proclamation Declaring Filipino American National History Month Page 10 of 65 Kodiak Island Borough OFFICE of the MANAGER TO: Kodiak Island Borough Assembly FROM: Aimee Williams RE: Managers Report, October 5, 2023 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 Manager's Department Staff Recruiting - Our open planner position had a successful interview and a second, in-person, interview will be taking place next week. 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 to fly into Kodiak on the 26th but will also be here on the 27th to meet with interested parties. CIP Lists - At agenda setting, the Mayor and DPO decided that we will be looking at both the state and federal lists at the work session on October 26tH Solid Waste Contract - Mayor will be setting up a Solid Waste sub -committee to go over the 2nd Amendment to the Solid Waste contract. KIBSD - Meeting with the Superintendent on Monday, October 9, 2023, to review the most recent KIB / KIBSD Agreement that could be found concerning in kind services and maintenance. (Agreement is attached) Touch Tank - KIB was contacted by the Natural Resources Conservation District about their willingness to help fund 50% of the receptionist / interpretive specialist job at the facility. They are willing to fund the next four to five years. Upcoming Travel - 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 preparing information that will go to the newly formed Assembly sub -committee for their review. Landfill — • Second excavator rented form Brechan will remain in service until the new excavator arrives in October or November. • The Commercial Hazardous Waste Event is occurring today and tomorrow at the Landfill. Local commercial businesses schedule with US ecology to remove certain items from their facility during this event. KFRC- • Discharge Permit — Draft Individual Permit, Draft Fact Sheet, and form 2G has been public noticed and is now open for comments from both outside agencies and the general public should they have any. • 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. • Coordination for the final repair of the sewage lift station is being finalized (waiting on parts to arrive). 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 — Final completion on all work has been completed except for the replacement hardware on the gym doors. Waiting for the Contractor to provide the correct hardware. • 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 electrical commissioning is occurring this week with initial startup of the pre-treatment plant following. Stage 3 Closure — Final rock quantities have been provided to KIB. Anticipate completion and submission of close out documentation as required. Bayside Fire Department — Repair of the sprinklers in the apartment has been completed. Currently awaiting repairs on the drywall to be scheduled and completed. Health and Facilities Advisory Board — Meeting scheduled for October 30, 2023. Anticipating an update on the SPD (Sterile Processing Department) renovation requirements. Borough Building — Heat was returned to the building September 22nd with the fuel oil boiler. Work has continued to install the electric boilers; all underground electrical has been laid and is now filled in. External concrete work is in the beginning stages and is projected to be completed October 21St. With the temperatures dropping the contractor has been reminded of the precautions they need to take to protect the concrete from possible inclement weather. KFRC Touch Tank — Opened for the last cruise ship visit on Sept 28th. 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 - 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 161h to avoid penalties and interest. IT - o Preparing the IT office for a new director o Upgrading our virtual machine infrastructure o Assisting E&F with the IT side of the LTP Addition startup o Scripting automation tools to create network infrastructure backups o Putting out the little fires that crop up with a long-time IT departure o Cross training to increase capacity o Producing maps and plats o Leveraging GIS experience to create tools to improve online map value and save money o Identifying and removing extraneous licenses to save money Assessing Department — Exemptions — Assessing staff continues to work on the requests for business / non- profit tax exemptions. The remaining exemptions are on hold due to ordinance change that will change how these cases are reviewed. Senior Citizens / Disabled Veterans Exemptions - Assessing is designing a new post card reminder that will be mailed out 30 days before the deadline. Tax Roll — There are THREE 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. Assessing is sending reminder letters to the 5 remaining applicants. Field work — Assessing continues FY2024 field work in Service District 1. Postcards are working well! Field work was completed in the Saltery Cove area. Approximately 86% of the properties in SD1 have been seen. Assessing is beginning to work on properties with building permits, new discovery changes that occurred after the roll was certified, and field review requests. Tyler Implementation- Assessing has begun requesting reports from Harris, for data clean up. Of the 5 current projects, 3 are completed. We requested 2 more reports this week. Short-term rentals- Assessing is preparing data for the short-term rental discussion on October 26 with the Assembly. This includes adding more BPP accounts into the system. Assessing will then notify Finance and the City of Kodiak to ensure additional fees associated with short-term rentals are being collected and CDD to ensure zoning compliance. Community Development — Planning $ Zoning Commission — The Commission will hold a work session on October 11, 2023. The Commission will discuss potential changes to the accessory dwelling unit regulation. In addition, the Commission will review the current noticing requirement for rezone applications. PRO -Housing Grant — Staff has received a few comments regarding the grant proposal, but comments have been questions about the grant process. In addition, the Community Development Director has discussed the grant proposal with the Kodiak Island Borough School District and the Kodiak Island Housing Authority. The Director has a meeting scheduled to discuss the grant proposal with Providence Hospital. 4 AGENDA ITEM #11.A. KODIAK ISLAND BOROUGH AND KODIAK ISLAND BOROUGH SCHOOL DISTRICT MEMORANDUM OF UNDERSTANDING IN-KIND SERVICES March 2, 2015 The purpose of this document is to clarify the application of AS 14.17.990(6) to the Kodiak Island Borough School District and the Kodiak Island Borough. The Kodiak Island Borough provides a number of services to the Kodiak Island Borough School District but accounts for these services in the Kodiak Island Borough budget and expenditure reports. This document defines those services and the common rules to govern the application of and accounting for the value associated with these in-kind services. In-kind services include: • Insurance Premiums: The actual cost of the insurance premiums is the amount of property and liability insurance the Borough pays for KIBSD buildings, vessels, vehicles and general liability. All of those expenses should be accounted as an in-kind contribution. • Mental Health Services: These services are provided by the Borough by contract to ensure the access of high quality licensed mental health services for the students. Historic areas of concern involved the quality and cost of these services. There should be accountability provisions within the contract, but the cost of the contract would be accounted as an in-kind contribution to public education. • Allocation of MIS Expenses: These allocated costs to the KIBSD are for the provision of hardware, software, operational costs and technical support based on the proportion of the total cost for the Borough's MIS department. Based on past experience, the allocated cost for K113SD will be the actual costs of direct services, plus a proportional share of the common charges as a percentage of system time, plus the loaded hourly rate for direct staff support. • Audit Expenses: This item is the actual cost of the KIBSD audit required by state statute. The Borough provides this as part of a master contract with an auditing firm as part of the duties of running the central treasury. The KIBSD portion of this audit is to be fully applied as an in-kind contribution. • Allocated Costs of Grounds Maintenance: Historically, this category has been limited to expenses associated with snow removal and ice control within KIBSD parking lots. To ensure cost efficiencies and safety, the Borough has administered this service under a master contract with a local snow removal contractor. The expenses associated with snow removal and ice control at KIBSD facilities are accounted for separately under the master contract. The allocated contract expenses for the KIBSD should be Borough Manager's Report Page 15 of 65 AGENDA ITEM #11.A. treated as an in-kind contribution. • Minor Maintenance: Minor Maintenance is (1) unscheduled repair or replacement of faulty components, materials, or products caused by factors beyond the control of maintenance personnel (2) The day to day and periodic cleaning, painting, and replacement of disposable supplies to maintain the facility in safe, clean and orderly condition as to not cause any deferred or major maintenance. Minor maintenance is defined currently as maintenance (preventive and or corrective) work costing less than $10,000 per occurrence per site and is funded completely through the KIBSD maintenance budget. Major Maintenance/ Preventive Maintenance Major maintenance is currently defined as major repair or rehabilitation to protect the structure and correct building code deficiency or preventive maintenance (example exterior painting) that exceeds $10,000 per project per site. The current State regulations are any project costing more $25,000 could be eligible for state funding (4 AAC 31.900(21). It must be demonstrated, using evidence acceptable to the KIB that (1) the district has adhered to its regular preventive, routine and/or custodial maintenance schedule for the identified project request, and (2) preventive maintenance is no longer cost effective. The KIB Engineering and Facilities Department and the KIBSD Maintenance Department shall create a prioritized major maintenance list to be submitted to both KIB and KIBSD by the end of April to become part of the annual budget process. Emergency repairs will be handled on a case by case basis and may require reimbursement to the school district. The Major repairs that are taken from the mutually agreed list of projects for the fiscal year and are funded by the Borough would not become part of the in-kind contribution. The KIB Engineering and Facilities Department and the K113SD Maintenance Department shall update annually, the major maintenance/ renewal and replacement list and a Capital improvement Plan to be submitted to the School Board for review and adoption before submission to DEED. The KIB Engineering Faculties Director and the KIBSD Facilities Director will first work on any question on the interpretation of this document. If they cannot come to an agreement the Borough Manger and the School Districts Superintendent will decide any issues. • Deferred Maintenance Deferred Maintenance is Custodial care, routine maintenance, or preventive maintenance that is postponed for lack of funds, resources, or other reasons. • End of Year In -Kind Accounting Adjustment Borough Manager's Report Page 16 of 65 AGENDA ITEM #11.A. Before the end of May in each fiscal year, the KIB and KIBSD Finance Departments shall determine the actual costs of in-kind services for the year to date. The actual in-kind expenditures will be compared with the budgeted amounts, and any differences will be corrected by adjusting the cash appropriation from KIB to KIBSD. A standing committee is established compromised of members of both the Assembly and School Board to review issues where the two parties might disagree that a provided service should be included within the in-kind contribution as a component of the local funding of public education. The committee would recommend a resolution to such disagreements. The committee will also act as a forum to resolve other joint tasks or disputes between the two parties. Borough Manager's Report Page 17 of 65 Kodiak Island Borough School District 722 Mill Bay Road Kodiak, AK 99615 Office of the Superintendent (907) 481-6202 MEMORANDUM FROM: Superintendent, Stewart McDonald FO: Borough Manager, Michael Powers DATE': December 6, 2016 RI;: In-kind Regulation Changes Information Update Alaska Changes with In -Kind Effecting KIB/KIBSD Local Contribution The In-kind Appropriation counts towards local contribution for education funding. Local contribution can come in the form of a cash appropriation or through a cash equivalent of In-kind contributions. The In-kind contributions are regulated to utilities, energy, insurance, audit services, and maintenance of plant. These limitations are regulated by 4 AAC 09.990 (b)(2) and Alaska's Uniform Chart of Accounts, which was adopted by the Alaska State Board of Education & Early Development in September 2012 by reference 4 AAC 06.120(a)(2). 2014 Alaska Chart of Accounts 012 CITY/BOROUGH - IN-KIND SERVICES APPROPRIATIONS - In-kind services provided without charge by the local governmental unit (city or borough) in lieu ora cash appropriation or in addition to such an appropriation. Amounts credited to this account are liar services that N%ould otherwise be purchased by the school distract, valued at fair market value and supported by appropriate documentation, including a billing from the governmental unit (city or borough) The allo"dble services that may be provided or paid I'or arc utilites. energy, insurance, audit services, and maintenance of plant. A billing for utilises and energy is to include the quantity used and price. A billing for insurance and audits is to include the actual invoices from the provider that clearly shows the districts portion Billings for maintenance of facilities are to include time spent by city or borough employees on maintenance ofdistrict facilities and the rate for their time (Required) What this means for KIBSD is that In-kind cannot include rent, or services other than what is specified by regulation. Borough Manager's Report Page 18 of 65 AGENDA ITEM #11.A. In-kind for Kodiak College- The Ocean Science Discovery Program (OSDP) The In-kind designation of $96,000 for Kodiak College is not allowable by regulation. Therefore in order for the fiscal year 2017 budget to be approved and payments made to KIBSD the line item was converted to indicate $96,000 in the facilities line of In-kind appropriation. There are two ways the $96,000 designated by the Kodiak Island Borough for the Ocean Science Discovery Program (OSDP) can be accessed for the intended use: 1. Leave the In-kind designation as is and it will convert to cash at the end of the school year. The Kodiak Island Borough School District has contracted services for the OSDP. These funds will then cover the cost of the program. 2. KIB can follow its processes to remove the $96,000 from the budget ordinance and place it into the cash side of the local contribution. Either action will allow the $96,000 to be spent on the intended activity. In-kind Mental Health Services KIBSD was able to convince DEED School Finance Manager Elwin Blackwell to allow In-kind designation for Providence Mental Health services for this year only. Looking towards the development of the FY2018 Budget, the mental health will not be allowed as an In-kind contribution. These services can be delivered through the following accounting methods. 1. The Mental Health Services be removed from In-kind and all other local contribution funding. The KIB may contract with Mental Health as they always have, but within the KIB budget only. KIBSD may continue to receive services, but cannot count the services as In-kind. 2. The Mental Health Services funds of $400,000 can be moved into the cash contribution side of the local contribution and KIBSD's accounting department disperses the funds through contracted services to Providence Mental Health. In-kind Conclusion The regulations limit what can be counted as non-cash In-kind and reported as local contribution. The 2012 and 2014 regulations and chart of accounts will be fully enforced for the development of FY 2018 budgets. Moving forward In-kind contributions are limited to utilities, energy, insurance, audit services, and maintenance of plant. rA Borough Manager's Report Page 19 of 65 AGENDA ITEM #14.6.1. KODIAK ISLAND BOROUGH STAFF REPORT .;}. OCTOBER 5, 2023 'r ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2024-08 Approving The Assembly Meeting Calendar For The Year 2024 ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to adopt Resolution No. FY2024-08. DISCUSSION: Ordinance No. FY2018-12 states that the Assembly is to set and adopt its meeting calendar for the following year by resolution. If any of the regular meeting falls on a holiday or holiday eve the assembly may advance, postpone, or cancel meetings as necessary; and when the lack of quorum for holding a meeting occurs, or when there is little or no business to be considered, the Assembly may cancel such meeting and hear its business at the next regular meeting. At the September 28, 2023, work session, the Assembly reviewed the initial draft and suggested changes to the calendar. The amended version of the calendar is attached. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 2.30.030 Types of meetings. A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and meetings are to commence at 6:30 p.m. on the first and third Thursdays of each month, or such other time and place as may be designated in the notice of the meeting. If the regular meeting day falls on a holiday or holiday eve, then the assembly may advance, postpone, or cancel the meeting as necessary. When the lack of a quorum of the assembly necessary for holding a meeting occurs, or when there is little or no business to be considered at a scheduled regular meeting, the assembly may cancel such meeting and hear its business at the next regular meeting. Public notice of changed meetings shall be made in at least one newspaper of general circulation in the borough. 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. Kodiak Island Borough Resolution No. FY2024-08 Approving The Assembly Meeting Calendar For The... Page 21 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 AGENDA ITEM #14.8.1. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2024-08 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPROVING THE ASSEMBLY MEETING CALENDAR FOR THE YEAR 2024 WHEREAS, the assembly routinely sets and adopts its meeting calendar for the following year by resolution; and WHEREAS, KIBC 2.30.030 further states that if a regular meeting falls on a holiday or holiday eve the assembly may advance, postpone, or cancel meetings as necessary; and when the lack of a quorum for holding a meeting occurs, or when there is little or no business to be considered the assembly may cancel such meeting and hear its business at the next regular meeting. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1. Adoption of Meeting Calendar: The Assembly Meeting Calendar for the Year 2024, attached as Appendix A to this resolution and incorporated herein by reference, is approved. Section 2. Revisions to Meeting Calendar. The Assembly may call or schedule additional meetings, or may advance, postpone, or cancel meetings by motion or as otherwise authorized in KIBC 2.30.030 when necessary. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2023 KODIAK ISLAND BOROUGH Scott Arndt, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska ATTEST: Nova M. Javier, MMC, Borough Clerk Resolution No. FY2024-08 Page 1 of 1 Resolution No. FY2024-08 Approving The Assembly Meeting Calendar For The... Page 22 of 65 Kodiak Island Borough 2024 Annual Calendar January Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 1 2 3 4 5 6 7 New Year's Day 9 10 P&Z W 11 12 PPE 7 8 9 10 11 12 13 21 22 23 P&Z W 25 26 27 PPE 14 15 16 17 18 19 20 17 Martin Luther King Jr. Day 19 P&Z R R 22 PPE 21 22 23 24 25 26 27 28 29 30 31 28 29 30 April Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 1 2 3 4 5 6 7 8 9 10 P&Z W 11 12 13 PPE 14 15 16 17 P&Z R 18 19 20 21 22 23 24 25 26 27 PPE 28 29 30 31 31 16 17 July Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 1 2 3 4 Independence Day 5 6 P P E 7 8 9 10 P&Z W 11 12 13 14 15 16 17 P&Z R 18 R 19 20 PPE 21 22 23 24 25 26 27 28 29 30 31 31 16 17 October Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 1 2 3 4 5 6 7 8 9 P&Z W 10 11 12 PPE 13 14 15 16 P&Z R 17 18 19 20 21 22 23 24 25 26 PPE 27 28 29 30 31 16 17 Assembly Meetings R Regular Meeting W Worksession Borou M LK Day President's Day Seward's Day February Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 1 1 2 3 5 6 7 8 P&Z W R 10 PPE 4 5 6 7 8 9 10 19 20 21 22 W $ 25 PPE 11 12 13 14 15 16 17 17 18 19 P&Z W R 22 PPE 18 19 20 21 22 23 24 24 President's Day - P&Z R 28 29 30 25 26 27 28 29 30 31 Seward's Day VV PPE May Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 1 2 3 4 5 6 7 8 P&Z W 9 10 11 PPE 12 13 14 15 P&Z R 16 17 18 19 20 21 22 23 24 25 PPE 26 27 Memorial Day 28 29 30 31 17 August Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 1 2 3 3 4 5 6 7 8 PPE 4 5 6 7 8 9 10 10 11 12 13 W $ 16 11 12 13 14 15 16 17 17 18 19 P&Z W Q 22 PPE 18 19 20 21 22 23 24 24 25 - P&Z R 28 29 30 25 26 27 28 29 30 31 Seward's Day VV PPE November Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 1 2 3 4 5 6 7 8 9 3 4 5 6 7 8 PPE 10 11 12 13 14 15 16 10 Veteran's Day 12 P&Z W W 15 16 17 18 19 20 21 22 23 17 18 19 P&Z R 21 22 PPE 24 25 26 27 28 29 30 r31 25 26 27 Thanksgiving Day Borough Holiday 30 Planning &Zoning Meetings P&Z R Regular Meeting P&Z W Worksession Elections PE - Primary Election E - Local Election GE - General Election h is Closed in Observance of: Memorial Day Juneteenth Labor Day Veteran's Day Independence Day Thanksgiving Day Borough Holiday Christmas Day New Years Day March Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 1 2 2 3 4 5 6 R 7 PPE 3 4 5 6 7 8 9 16 17 18 P&Z R 19 Juneteenth Observed R 21 22 PPE 10 11 12 13 14 15 16 P&Z W W T PPE 17 18 19 20 21 22 23 P&Z R R PPE r31 25 26 27 28 29 30 Seward's Day W PPE June Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 1 2 3 4 5 6 R 7 8 PPE 9 10 11 12 P&Z W 13 14 15 16 17 18 P&Z R 19 Juneteenth Observed 20 21 22 PPE 23 30 24 25 W 26 27 R 28 29 September Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 Labor Day R PPE 8 9 10 11 12 13 14 P&Z W W PPE 15 16 17 18 19 20 21 P&Z R R T PPE 22 23 24 25 26 27 28 Christmas Day W PPE 29 30 31 December Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 PPE 8 NEO T 9 inin '�0 Alaska 11 unicipal League 12 Conference 13 14 P&Z W 15 16 17 18 19 20 21 P&Z R PPE 22 23 24 25 26 27 28 Christmas Day 29 30 31 AGENDA ITEM #14.8.1. Resolution No. FY2024-08 Approving The Assembly Meeting Calendar For The... Page 23 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #14.6.1. Introduced by: KIB Assembly Drafted by: Borough Mayor/Manager Introduced on: 10/19/2017 Amended on: 10/19/2017 Public Hearing Date: 11/02/2017 Adopted on: 11/02/2017 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2018-12 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.30 RULES OF THE ASSEMBLY SECTION 2.30.030 TYPES OF MEETINGS TO ALLOW THE ASSEMBLY TO SET AND ADOPT ITS MEETING CALENDAR FOR THE FOLLOWING YEAR BY RESOLUTION WHEREAS, KIBC states when, where, and time when the assembly shall meet and there is a desire to amend the code to allow for flexibility when scheduling when and where meetings should be held as long as sufficient public notice is given; and WHEREAS, there may be times that there are other suitable places to conduct the assembly meetings; and WHEREAS, it is beneficial to properly plan in advance for holidays and/or if it is determined that a quorum will not be present to conduct business; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That sections 2.30.030 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 2.30.030 Types of meetings. A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and meetings are to commence at 6:30 p.m. on the first and third Thursdays of each month, or such other time and place as may be designated in the notice of the meeting. if the regular meeting day falls on a holiday or holiday eve, then the Assembly may advance, postpone, or cancel the meeting as necessary. When the lack of a quorum of the Assembly necessary for holding a meeting occurs, or when there is little or no business to be considered at a scheduled regular meeting, the Assembly may cancel such meeting and hear its business at the next regular meeting. Public notice of changed meetings shall be made in at least one newspaper of general circulation in the borough. Meetings shall adjourn at 10:30 p.m. unless the time is Kodiak Island Borough, Alaska Ordinance No. FY2018-12 Deletion — Red, Strikeout Page 1 of 2 Insertion — Bold, Blue, Underlined Resolution No. FY2024-08 Approving The Assembly Meeting Calendar For The... Page 24 of 65 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 AGENDA ITEM #14.8.1. 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. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SECOND DAY OF NOVEMBER, 2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor ATTEST: Nova M. Javier, MMC, Clprk UNANIMOUS VOTE: Ayes: Crow, Kavanaugh, Schroeder, Skinner, Smiley, Symmons, Van Daele Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-12 Page 2 of 2 Resolution No. FY2024-08 Approving The Assembly Meeting Calendar For The... Page 25 of 65 AGENDA ITEM #14.6.2. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 5, 2023 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2024-10 Designating The Temporary Administrative Official During The Absence Of The Borough Manager ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Move to adopt Resolution No. FY2024-10. DISCUSSION: The current regular Administrative Official is out of office through October 30, 2023. This designation of a temporary Administrative Official will ensure that there is no gap in Administrative Official in the event that the Manager is absent. ALTERNATIVES: Do not adopt resolution. FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2024-10 Designating The Temporary Administrative Offici... Page 26 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AGENDA ITEM #14.6.2. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2024-10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DESIGNATING THE TEMPORARY ADMINISTRATIVE OFFICIAL DURING THE ABSENCE OF THE REGULAR STANDING ADMINISTRATIVE OFFICIAL WHEREAS, a clear procedure for administration needs to be in place in the event of an emergency or other pressing issue during the absence of the Borough Manager; and WHEREAS, Kodiak Island Borough Code 2.20.080 provides that an administrative official is to be designated to act as manager during the manager's absence or disability; and WHEREAS, Engineering & Facilities Director Dave Conrad is currently designated as the regular standing Administrative Official; and WHEREAS, Engineering & Facilities Director Dave Conrad is currently scheduled to be out of office through October 30, 2023; and WHEREAS, Assessing Department Director Seema Garoutte has agreed to a temporary assignment as Administrative Official. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: 1. The assignment as Temporary Administrative Official will remain in effect until the Engineering & Facilities Director, Dave Conrad, is back in office, or the Assembly appoints a new temporary Administrative Official. 2. As compensation for the additional responsibilities required for the temporary Administrative Official assignment, Ms. Garoutte will receive an additional 10% increase in salary while serving as the temporary Administrative Official. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF OCTOBER, 2023. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor VOTES: Ayes: Noes: Resolution No. FY2024-10 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 1 of 1 Resolution No. FY2024-10 Designating The Temporary Administrative Offici... Page 27 of 65 AGENDA ITEM #14.C.1. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 5, 2023 4 ' �s ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rules and Regulations ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support RECOMMENDATION: Move to Advance Ordinance No. FY2024-06 to Public Hearing at the Next Regular Meeting of the Assembly. DISCUSSION: Staff is requesting to amend the Personnel Rules and Regulations to reflect minor housekeeping changes, and changes recently negotiated for the Collective Bargaining Agreement between the Kodiak Island Borough and the International Brotherhood of Electrical Workers and approved by the Assembly in Contract No. FY2024-06. ALTERNATIVES: Amend the motion Fail to approve the motion FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 28 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #14. C.1. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2024-06 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE KODIAK ISLAND BOROUGH PERSONNEL RULES AND REGULATIONS TO REFLECT CHANGES NEGOTIATED IN THE COLLECTIVE BARGAINING AGREEMENT AND CLARIFICATION OF POLICIES AND PROCEDURES WHEREAS, the Kodiak Island Borough Assembly, in keeping with the personnel policy, recognizes that personnel rules and regulations must be amended from time to time to provide for necessary personnel adjustments; and WHEREAS, changes to the personnel policy have been negotiated in the Collective Bargaining process; and WHEREAS, staff have found that certain language within the Personnel Rules and Regulations requires clarification. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Personnel Rules and Regulations, Kodiak Island Borough Code of Ordinances, 2.15.010. Section 2: The Kodiak Island Borough Personnel Rules and Regulations are amended as identified in Exhibit A. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2023 KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Introduced by: Manager First reading: Second reading/public hearing: VOTES: Ordinance No. FY2024-06 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 1 of 2 Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 29 of 65 AGENDA ITEM #14.C.1. 45 Ayes: 46 Noes: 47 48 49 Ordinance No. FY2024-06 Page 2 of 2 Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 30 of 65 AGENDA ITEM #14.C.1. ORDINANCE NO. FY2024-06 EXHIBIT A Sections of the Personnel Rules and Regulations, 2022 will be amended as follows: GENERAL All employees of the Borough are required and expected to abide by certain rules and regulations. These have been established to protect each employee and the Borough from injury or other threats to their well-being and to promote harmonious, efficient working practices. The integrity and personal respect of all employees are highly regarded, both on and off the job. Failure to observe established rules and practices can lead to disciplinary action including formal warnings, probation, demotion, and termination. The Borough's usual practice is to help employees identify problems and to improve employee performance and behavior. The specific disciplinary action will normally be based on an assessment of the offense, the circumstances and the employee's previous record. The Borough reserves the right to take whatever disciplinary measures it feels are appropriate, including termination, if in the judgement of the responsible supervisor the employee's conduct cannot be corrected, or it seriously threatens the wellbeing of the Borough, other employees, or the public. The primary purpose of the disciplinary system is to correct improper behavior, not to impose penalties. The supervisor is expected to recognize situations where disciplinary measures are the most appropriate means to this end. Any clarification of the appropriate disciplinary procedure should be referred to the ^^ sennel �ss*stan' Human Resources representative. The following,,- Commented [MCI]: There is no longer a Personnel are examples of improper conduct that warrant corrective measures. These examples are not Assistant position to be interpreted as inclusive. a. Falsifying employment application, timecard, personnel or other company documents or records. b. Excessive absences or lateness. C. Neglect of Borough property. d. Unauthorized possession of company or employee property, carrying weapons or explosives, or violating criminal laws on company premises. e. Minor violations of safety rules. f. Excessive personal use of the telephone. g. Use of abusive language. h. Conduct which disrupts business activities. i. Theft of Borough property or that of other employees. j. Insubordination or refusing to follow instructions or failure to perform reasonable duties which are assigned. k. Intoxication (including the effects of drugs) during working hours. I. Deliberate misuse of Borough property. M. Deliberate injury to another person. n. Sexual harassment of another person. o. Violating a confidence; unauthorized release of confidential information. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 31 of 65 411 Other offenses that in the supervisor's judgement seriously threaten the wellbeing of the Borough or any employee. Conduct not in accord with this agreement. STEPINCREASES All new regular employees after serving a six-month probationary period of overall satisfactory performance, as indicated on the Kodiak Island Borough Performance Evaluation Report form, shall receive a step increase. Each nonexempt lemployeo is eligible, if overall performance is satisfactory, for an annual step increase on each anniversary date when 1-960 he -Urs er Me week 75% or more of the work hours stated in the employee's employment a reemen have been accumulated. Step increases occur in the manner above in accordance with the respective wage schedule for each position as set forth in Appendix A. In the event the department director determines by the evaluation that an employee has not satisfactorily performed the job, the department director may suspend the employee's step increase for a period of time during which certain specific improvements must be made. Notice of such step increase deferral and the reasons for it shall be given to the employee in writing with a copy to the Borough Manager. When the department director has determined that the employee has achieved satisfactory improvement, the suspended step increase may be approved at any time during the extended period. The suspended step increase will not be retroactive to the employee's anniversary date. When an employee has received a deferred step increase, he/she will be eligible for future annual increases one calendar year from the date of his/her last step increase, provided the employee has completed 1560 c.........nsabI.. 1.....rs of service 75% or more of the work hours stated in the employee's employment agreement. 411.2 Longevity Pa A regular full-time employee shall receive an additional monetary benefit based on the length of employment with the Borough. Any break in employment longer than thirty (30) calendar days will advance the eligibility date by the number of days in excess of 30. Time served as a temporary employee shall not be included. Ten (10) years of total service, and additional two percent (2%) of dollar value of employee's current base pay rate. AGENDA ITEM #14.C.1. Commented [MC2]: Suggestion has been made to add clarifying language "non-exempt" since Directors often put in time that is not accounted for in the payroll Commented [MC3]: This change allows for part time emnlovees to receive a sten increase Commented [MC4]: 2023 CBA negotiatedchanges Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 32 of 65 AGENDA ITEM #14.C.1. Fifteen (15) years of total service, in addition to the 10 -year increase, an additional three 5 percent (3%) of dollar value of employee's current base pay rate. Twenty (20) years of total service, in addition to the 15 -year increase, an additional five percent (5%) of dollar value of employee's current base pay rate. 412 TEMPORARY SSIGNMENT Commented [MC5): Changes made clarify and accommodate various work schedules. At the discretion of the Borough Manager, an employee may be assigned to some, or all of the duties 4...m them".."�'� of another position. The temporary higher rate of pay shall be at Step A of the salary range of the position to be filled temporarily; if the reassigned employee's pay rate is already higher than or at the same rate as Step A of the position to be filled temporarily the reassigned employee shall be paid at the next step above his/her rate of pay at the time the reassignment commenced. The employee shall be compensated at the higher rate of pay+if this re -assignment is made for: 1. more than six (6) of a temporarily absent employee's regularly scheduled consecutive working days, or 2. ten (10) wefking cumulative days worked within a thirty -day time frame, the employee shall be compensated at the higher rate of pay. 3. More than six (6) consecutive days worked in the case of a vacancy. �remporar� assignments will not be utilized to avoid filling a vacancy or newly,,.- Commented[MC6): Separated from the first created position. Temporary assignments are for a short-term period, not to Paragraph exceed six (6) months. Ilnl the case where a bargaining unit employee is temporarily assigned to a non- ,.- ' Commented [MC7): Re -align paragraphs so that they bargaining unit position, the employee will still be considered a non-exempt are no longer sub -categories of the above. employee and shall be paid for any applicable overtime at the higher rate of pay while in that position. If an employee is assigned to work in a higher classification for a period of more than thirty (30) calendar days, the employee will be compensated at the higher rate for holidays and annual leave taken while in the higher classification. 413 EMPLOYEE TRANSFERS Any regular Borough employee shall have the right to request and may be considered for a voluntary transfer for a specific job. Any transfer request shall be made in writing and delivered to the Human Resources Office. Regular employees may be allowed to transfer or request a change of assignment prior Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 33 of 65 415 AGENDA ITEM #14.C.1. to filling a vacancy with a new hire. When an employee is transferred from one position to another with a common pay range, the rate of pay shall remain the same. When an employee transfers from one position to another having a lower pay range, the rate of pay shall remain the same unless it exceeds the maximum step in the new range. If the current rate of pay exceeds the maximum step in the new range, the rate of pay will be the maximum step in the new range. If the employee's current rate of pay falls within the range of the lower pay range, the pay shall remain the same and will be placed on the proper step of the new lower pay range. IT1^I ^r--pte •e anniversary date shall change to the effective., Commented [MCS]: 2023 CBA negotiated change date of the transf... Any employee who transfers shall be given a reasonable period, not to exceed ninety (90) calendar days, to become acquainted with the job and to demonstrate ability to fill the job satisfactorily. The supervisor shall prepare a written performance evaluation on day eighty (80) of the evaluation period and will review this evaluation with the employee before day ninety (90). If during the evaluation period the employee demonstrates unsatisfactory ability for the job, the employee shall be returned to the employee's former job without loss of seniority and with no recourse to the grievance/arbitration procedure. The employee may opt to return to the former position within the ninety (90) calendar days. In this event, the rate of pay and anniversary date shall return to be the same as before the transfer. EVALUATION The Borough and employees endorse written evaluation of all employees by supervisors for the purpose of evaluating the employees' strengths and weaknesses in their job performance. The written evaluation shall include a rating and comment on each of the position duties described in the job description and the completion of the Kodiak Island Borough Performance Evaluation Report. The overall rating on the form shall be determined by the rater as the best judgment of the overall performance of the individual. This rating is not a numerical average of the individual factors. Each employee shall be evaluated at least once per year a minimum of thirty (30) days prior to their anniversary date unless a delay is requested and mutually kreedl upon. if any employee's evaluation is not timely prepared or not delayed by mutual agreement, the employee's performance shall be considered satisfactory. In the event an employee receives an unsatisfactory rating in any category of their evaluation, a personal conference will be held with the employee by the Commented [MC9]: To account for situations in which the employee or supervisor are not available during the appropriate time frame, such as being on leave. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 34 of 65 AGENDA ITEM #14.C.1. appropriate supervisor, in which his/herpreblems and suggestions for eliminating these FE)blerns discussed to discuss the reason(s) for the unsatisfactory rating and potential improvements. A written plan of improvement shall be implemented addressing the specific areas that resulted in the unsatisfactory evaluation giving specific instructions for improvement and date the employee will next be evaluated for improvement. Detailed written records of all such conferences will be maintained. The supervisor shall re- evaluate the employee in writing when the improvements have been made but in no event later than sixty (60) calendar days following the unsatisfactory rating. A s .,h.. has given his/her netireOf tP-FFA*Rat: ..f a rn..I...,.neRt shall be .......:.ed to . Feyide ......ent evaluations, ...:... t.. to Mninatien an all employees Rnt ,..,..I,,..tpd within the last six (6) LAenths. Commented [MC10]: Unenforceable 608 FLEXIBLE SCHEDULING OF WORK HOURS Supervisors are permitted to put their employees on flexible schedules so long as neither service to the public nor normal office hours are reduced, and so long as the employees volunteer in writing for flexible scheduling. Flexible scheduling is intended as an employee benefit; therefore, only employees who volunteer in writing to their supervisor for the flexible hours should be scheduled that way. Hours or work scheduled outside the standard work week are to be avoided. Flextime is the scheduling of an employee to work eight (8) hours per day between the hours of 7:00 a.m. and 6:00 p.m. Flextime must be approved by the employee's supervisor or the Borough Manager. Approval of flexible scheduling prior to 7:00 a.m. or after 6:00 p.m. will be granted only under extenuating circumstances and must be mutually acceptable to the employer and the Union, if applicable. The flexible scheduling agreement shall be reviewed on an annual basis. If the employee transfers to another department while the agreement is in effect, the agreement shall remain in place, contingent upon mutual agreement between the employee and the Director of the incoming employee's new department. Any change to the flexible scheduling agreement shall be mutually agreed to between the employee, the Department Director and the Borough Manager or his/her designee. Section 701 ANNUAL LEAVE ENTITLEMENT (on a calendar year basis) Leave with pay shall accrue to all full-time regular employees at the following rates based upon twenty-six (26) annual pay periods of eighty (80) hours per pay period. Length of Service Annual Total Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 35 of 65 AGENDA ITEM #14.C.1. 0 through 2 years 18 days Over 2 years but less than 5 years 21 days Over 5 years but less than 8 years 24 days Over 8 years but less than 10 years 27 days 10 years and over 30 days For regular part-time employees working less than thirty (30) hours a week and regular full-time employees working thirty plus (30+) hours but less than forty (40) hours a week, annual leave accrual will be prorated based upon neFraally scheduled heurs peF pay period the scheduled hours described in the employee's employment agreement. 702 ANNUALLEAVE- GENERAL Annual leave may be used for vacations, personal business, and periods of illness. Leave for periods of time not exceeding three (3) working days shall be scheduled at least 24 hours in advance. Vacation leave exceeding three (3) working days shall be requested at least two (2) weeks in advance (using a Leave Request Form) Vacation leave will be charged to annual leave. If annual leave is insufficient, leave will be charged to leave without pay if approved by the Borough Manager. Supervisors are responsible for permitting employees to utilize all leave earned in any calendar year. Supervisors and employees must schedule such leave usage in advance so as not to unduly conflict with or severely restrict the normal work requirements of their respective department. In the event two employees submit leave requests on the same day and for the same period of time, the most senior employee will be granted his/her leave request if both employees cannot be spared, unless unusual circumstances dictate otherwise. Employees shall not be eligible t.. Util F... ......''.J leave dUFing the ....J.ati... aFy peri...J I Ipen successful completion of the .. ebationaFy p ...J the ,. ..I........ ...ill I.........Iit...l ...itl...i.... /Dl days..F .......--....I .,....I'.,I leave ti..... Employees .. hodo not cemplete the prebationaFy peried OF who are not retained beyond thePFE)batienaFy peFi0d Shall nat be Uedited and paid fer their arcrued leave f8FtheiF peried ef emplayment. Empleyees who, fE)F geed and sufficient cause, FnUst Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 36 of 65 AGENDA ITEM #14.C.1. pay status, if appreved by the Borough Manager. Any new empleyee hiFed 1b et..,eeR the fi FSt (1st) and the fifteenth (15th) days of the Fn nth nri psi.•.. shall be cens;de}ed to have WO ( d the full nth f... I,.aye P Fppsec�J y ..I..yee L. Fed -.ft... th P- f:ft......th (1 Sth) .day of tL...... ..th shall 1.... redited_ .. itl. leave f,.. half L.IentIJ Commented [MC111: 2023 CBA negotiated change Annual leave can be accrued from year to year with a maximum accrual limit of event five ("` sixt -ei ht 68 working days. Leave continues to accrue during -Commented [MC121: Reduced perKIBrequest the period of time an employee is on paid leave. A recognized holiday occurring during CBA negotiations. during an employee's leave period shall not be counted as a day of leave. 705 MANDATORY LEAVE All employees must utilize a minimum of ten (10) days annual leave per annum. Excess annual leave (over sixty-eight (68) working days) will automatically be transferred into the sick leave account at the end of the calendar year. 707 SICK LEAVE Each full-time regular employee shall accrue sick leave from the date of employment at the rate of fifteen (15) days per calendar year pro -rated by twenty-six (26) pay periods of eighty (80) hours each, regardless of length of service. For regular part-time employees working less than thirty (30) hours a week and regular full-time employees working thirty plus (30+) hours but less than forty (40) hours a week, sick leave accrual will be prorated based upon regulady scheduled 1 OUF ed the scheduled hours described in the employees employment agreement. Sick leave is available for use by the employee or if the employee's dependent child, as defined within the Family and Medical Leave Act (see section 708 definitions), or spouse is sick and requires the physical presence of the employee in the interest of family welfare. Employees not able to work due to illness shall notify their supervisor within twe r" hOUFS P.i.,. to the as soon as practical, but not later than their scheduled reporting time. When sick leave exceeds three (3) consecutive workdays a statement from a licensed health care practitioner may be required to substantiate the leave taken. If sick leave is not sufficient to cover an absence due to illness, leave shall be charged to annual leave, then to leave without pay. Accrued sick leave may be used during the probationary period. Excess annual leave (over sixty-eight (68) working days) will automatically be transferred into the sick leave account at the end of every calendar year. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 37 of 65 No cash payment will be made to an employee for unused sick leave when the employee terminates from Borough service. 708 FAMILY/MEDICAL LEAVE The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks job -protected leave per year. It also requires that their group health benefits be maintained during the leave. Employees are eligible to use family leave if they have been employed for twelve (12) Fnenths immediately preceding the leave and werked 1,250 heurs of seFvmee for at least 35 hours a week for at least six consecutive months or for at least AGENDA ITEM #14.C.1. Commented [MC13]: Changed to match language in Alaska Statute 39.20.500.b An employee is entitled to the benefits guaranteed under the provisions of the federal Family and Medical Leave Act (FMLA) and the state law provisions (AS 39.20.500-550), as they may be amended from time to time, and the following paragraphs shall apply unless in conflict with those provisions of law. In compliance with the state and federal Family and Medical Leave acts (including any amendments) family leave (sick leave) may be utilized by eligible employees for a serious health condition of the employee, their child, spouse, or parent. Up to twenty-four (24) weeks in any twenty-four (24) month period may be utilized for this purpose with a maximum of eighteen (18) weeks allowed in any twelve (12) month period (i.e., an employee who opts to take eighteen (18) weeks in the first twelve (12) months would then have six (6) weeks remaining to take in the following twelve (12) months). The Family and Medical Leave Act also allows for family leave to be utilized by eligible employees for pregnancy and birth of a child of the employee, or the placement of a child, other than the employee's stepchild, with the employee for adoption. The right to take leave for this reason expires on the date one year after the birth or placement of the child. Up to eighteen (18) weeks within a twelve (12) month period may be taken for this purpose. The twelve (12) month period will be calculated from the day the employee first utilizes family/medical leave. All family/medical leave will first be charged to sick leave, then to annual leave and then to leave without pay. Employees may motif the designated Human - Commented [MC14]: Clarificationofprocess Resources representative if they choose to retain a balance of five (5) days paid leave before switching to leave without pay. Leave without pay provisions as outlined in this document will apply. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 38 of 65 AGENDA ITEM #14.C.1. Kodiak Island Borough Parental leave: An employee who has been employed for not less than *w 2) ten (I10I) consecutive months is entitled to take a total - Commented [MC15]: Consistent with CBA and prior of six (6) months leave of absence immediately preceding and following PRR version. Change in last PRR update was in error. childbirth or adoption. This leave is concurrent with and extends the benefits of the FMLA. The employee requesting parental leave may receive cash payment in lieu of up to ten (10) days accumulated annual leave. A request for this payment must be made at least thirty (30) calendar days in advance. The employee who desires to resume employment following parental leave shall submit a request for leave at least thirty (30) calendar days prior to any parental leave, unless extenuating medical circumstances prevent such notice. The employee shall be reinstated with no loss of time in service. Employee Notice - If the necessity for leave is foreseeable based on an expected birth or adoption or planned medical treatment or supervision, the employee shall provide the Borough with at least thirty (30) calendar days' notice prior to the expected need for leave wherever possible. Where thirty (30) calendar days' notice is not possible, the employee is required to provide such notice as is practicable. The employee shall also make a reasonable effort to schedule treatment or supervision so as not to disrupt unduly the operations of the Borough, subject to the approval of the employee's health care provider. Group Health Coverage - During the time that an employee is on leave under the Act, the Borough will maintain coverage under the group health plan at the level and under the conditions that coverage would have been provided if the employee had been employed continuously from the date the leave began to the date the employee returns from leave. Employees who pay premiums for health insurance coverage by paycheck deduction will still be responsible for those premiums while on leave without pay. The Borough's obligation to maintain health insurance coverage will cease if an employee's premium is thirty (30) calendar days late. The Borough may recover the costs for maintaining health insurance coverage for an employee on unpaid leave if the employee fails to return from the entitled leave period for a reason other than the recurrence or continuation of a serious health condition or other circumstances beyond the control of the employee. Certification - The family/medical leave act contains a provision allowing employers to verify the existence of a "serious health condition" before granting an employee's leave request. Employees requesting leave because of a serious health condition may be required to produce a "certification" from the treating licensed health care provider of the patient. The Borough may also, at its own expense, require a second opinion to ascertain the validity of the certification provided by the treating licensed health care provider. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 39 of 65 709 710 Return to Work — The Borough Manager, at his/her discretion, may require a certificate from an attending physician that the employee who has taken family medical leave is able to return to work. Employee's Rights Upon Return from Leave - Unless the Borough's business circumstances have changed to make it impossible or unreasonable, when an employee returns from leave mentioned above, the Borough shall restore the employee to the position of employment held by the employee when the leave began; or to a substantially similar position with substantially similar benefits, pay, and other terms and conditions of employment. Definitions - "parent" means a biological or adoptive parent, a parent -in-law, or a stepparent. "child" includes the employee's biological, adopted, or foster child, stepchild, or legal ward who is under 18 years of age; or 18 years of age or older and incapable of self-care because of mental or physical disability. "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility; or continuing treatment or continuing supervision by a health care provider. LEAVE WITHOUT PAY Leave -without -pay, if approved by the Borough Manager, may be granted to an employee not to exceed thirty (30) days per fiscal year. Leave without pay shall not be granted until such time as all accrued annual leave has been exhausted. Annual and sick leave do not accrue when the employee is in a leave -without - pay status 'anger than ten (10) w erring days. Employees who are in a leave - without -pay status longer than ten (10) consecutive working days will also not be eligible for holiday pay within the leave without pay period. Under the Public Employees Retirement System (PERS), leave -without -pay exceeding ten (10) working days is not creditable service. Employees in leave -without -pay status for more than ten (10) working days for a reason other than Family/Medical Leave, will be responsible for paying that portion of the health insurance premium for the leave taken beyond ten (10) working days. Coverage can continue under the Consolidated Omnibus Budget Reconciliation Act (COBR& Exempt employees in leave -without -pay status will not have any reduction in pay for absences of less than a full day (eight hours) of leave -without -pay in recognition of the fact that exempt employees are not eligible for overtime pay. AGENDA ITEM #14.C.1. Commented [AW16]: Added to include method to maintain healthcare in qualifying events. INTENTIONALLY LEFT BLANK % Commented [MC17]: This section has not been EDUCATIONAL LEAVE WITHOUT utilized. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 40 of 65 AGENDA ITEM #14. C.1. 711 HOLIDAY LEAVE The following holidays shall be recognized by the Borough: New Years Day Martin Luther King's Birthday President's Day Seward's Day Memorial Day Juneteenth Independence Day Labor Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Day Employee's Birthday 1 January 3rd Monday in January 3rd Monday in February Last Monday in March Last Monday in May 19 June 4July 1st Monday in September 11 November 4th Thursday in November Day after Thanksgiving 25 December An employee's birthday shall be observed on a workday mutually agreed to by the employee and the Employer within three months prior or three months after their actual birthday. Employees who ask to celebrate their birthday holiday during the month in which it falls will not be unreasonably denied. In addition to Borough recognized holidays, every day designated by public proclamation by the President of the United States as a legal holiday shall also be observed as a holiday for Borough employees. (Alaska Day was traded for Thanksgiving Friday and Lincoln's Birthday was traded for Employee's Birthday, and Indigenous People's Day was traded for Seward's Day). In the event of a recognized holiday falling on Saturday, the preceding Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 41 of 65 AGENDA ITEM #14.C.1. Friday shall be observed. In the event of a recognized holiday falling on Sunday, the following Monday shall be observed. All employees shall be excused from work on recognized holidays and special holidays, except where the activities of the Borough require that regular or emergency work be performed. In the event that holiday work is required, the rate of pay for employees working on holidays shall be at do bleti,,etimedouble-time for all hours worked in addition to the regular holiday pay. Temporary employees are not eligible for holiday pay. A supervisor with employees whose normal work week is outside the work week of Monday through Friday may change the holiday work schedule in order to meet the needs of the public, with the approval of the department director. 712 BEREAVEMENT LEAVE A.....-ps! rink I..aye OF at the .......I,..,ee's epti.... .,... dal I..aye er I..aye ..,itheut pay :4 .,.......yed by the Borough Manager, not to .....,eed five 151 At the employees option, accrued sick leave or annual leave may be used by an employee upon the death of a member of the employee's or their spouse's immediate family. Immediate family is defined as spouse, siblings, son, daughter, parents, stepchildren, stepparents, stepsiblings, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparents, and grandchildren. Up t three (o) additienaI ,gay ofsick leave, annual leave, I..ayp %yithoutpay Fnay be . FaRted to ..,.,.,...,..,odate .egUiFed t..,.,..1. If the employee's annual and sick leave are or become exhausted, and the employee desires to utilize leave without pay, the employee shall request approval from the Borough Manager as described in Section 709 for the purpose of bereavement. 717 PICK LEAVE BAND Commented [MC18]: Revised for clarification during CBA negotiations All Kodiak Island Borough regular employees are eligible to participate in a Sick Leave Bank. The Sick Leave Bank shall be administered by the Borough Manager. The Finance Department shall maintain an accounting of the Sick Leave Bank balance at all times. The balance information will be available to any participant upon request. It is the Manager's responsibility to approve or deny requests for Sick Leave Bank usage. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 42 of 65 AGENDA ITEM #14.C.1. Participation Rules 1. Donations using the Sick Leave Bank Donation form will be made to the Bank once a year in the month of January for any employee wanting to participate in the Sick Leave Bank. The employee will be responsible for submitting donation forms to payroll between January 1 and January 31. 2. Each participant will donate one (1) daV of their sick leave to the Bank in January of each year, until the Bank is built up to a maximum of three hundred (300) days. 3. No more days will be added after the maximum amount of 300 days has been reached until the Bank is depleted to two hundred fifty (250) days, except for new participants. In the case where the bBank is depleted to less than two hundred fifty (250) days, the Finance Department will notify participants and participants maV donate additional days up to a maximum donation of three (3) days. 4. In the event that the Bank becomes totally depleted (0 days) during the year, the Finance Department will notify each participant of the Bank. Upon notification, participants will be required to donate a minimum of one (1) day up to a maximum of three (3) additional days each year to if they wish to continue participation in the Sick Leave Bank. Donations will be accepted for 20 working days from the written notification to sick leave bank participants. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 43 of 65 AGENDA ITEM #14. C.1. A participant will not be able to withdraw days from the Bank until all of their own accrued sick leave and annual leave have been depleted. The maximum number of Sick Leave Bank days available to a member participant shall be twenty-two (22) days in any calendar year. In the case of multiple requests, if there are not enough days in the Bank to cover the requests in full, the available days will be split evenly between the requesting employees. Employees withdrawing Sick Leave Bank days will not be required to replace these days except as a regular contributing member of the Bank. Employees withdrawing Sick Leave Bank days may voluntarily contribute donate additional days to the Bank. An employee withdrawing from participation in the bBank or upon termination of employment with the Borough will not be able to withdraw the donated days. Sick leave days can only be withdrawn from the Bank for the +ndividuai participant's serious illness or injury. Normal pregnancy and parental leave not associated with illness or disability under Section 707 of the Personnel Manual are not eligible for Sick Leave Bank requests. Requests for use of Bank days will be forwarded by the employee to the Borough Manager and must be accompanied by a letter from the attending physician. The approval of the request shall be subject to the attending physician's supportive statement. Approved requests will then be forwarded to payroll for processing. The Kodiak Island Borough sick leave bank donation form shall be used as verification of sick leave donated to the Sick Leave Bank. Qualifications for Membership participation in Sick Leave Bank a. Only regular full-time or part-time employees are eligible to participate in the Sick Leave Bank. b. Only ^^^+ribUti^^ Fnem ^ participants of the Sick Leave Bank are eligible to use the Bank. r. Employees who have completed their probationary period are eligible to donate one (1) day of their sick leave to the Bank. Any donation will be made within thirty (30) days of the end of the probationary period. Members may use the SW( Leave Bank only after they have completed their . bati......r., ^rl n..+^ of hire .,ill .I..+..r..'ne eligibility. n^ employee may contribute to the Bank as soon as all other requirements 1105 MOVING EXPENSES FOR NEW EMPLOYEES Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 44 of 65 AGENDA ITEM #14.C.1. When there is a position to be filled and the best applicant is from outside of Kodiak, the Borough Manager may authorize the reimbursement of moving expenses. Such positions may be reimbursed for actual and necessary expenses under the following conditions: a. The employee must be appointed to a position for which the Borough Manager certifies that such expenditure is necessary to recruit qualified employees. b. The maximum reimbursable for an employee shall be determined at the time of employment in accordance with current costs not to exceed the equivalent of one month's salary. On a case-by-case basis and upon approval of the Borough Assembly, additional reimbursement of moving expenses exceeding this limit may be authorized by the Borough Manager. New employees who are assisted with their moving expenses under this policy shall be required to sign a Transportation Agreement prior to employment. The Transportation Agreement shall stipulate that the employee will reimburse the Borough for all or part of such expenditures in the event he or she voluntarily leaves Borough service, or is discharged for cause, within a period of two (2) years according to the following schedule: 100% -Less than twelve (12) months 75% -Twelve (12) but less than eighteen months 50% -Eighteen (18) but less than twenty-four (24) months Any time that an employee spent in a Leave Without Pay status will be added to the above timelines. d. New employees may not be given an advance against moving expenses without prior written approval of the Borough Manager. e. It is the responsibility of the appointing authority to see to it that prospective new employees are aware of pertinent limitations of these regulations before a move is made. Reimbursement shall be based upon itemized receipts for moving expenses. The appointing authority shall be responsible for advising new employees of dollar limitations, the need for itemized receipts or invoices, the meaning of the Transportation Agreement, and other pertinent matters prior to their move. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 45 of 65 AGENDA ITEM #14.C.1. 1106 CLOTHING ALLOWANCE Where special clothing or a uniform is required for the position because of exposure to hazardous materials or compounds, an annual clothing reimbursement shall be allowed. The yearly amount to be paid shall be based on the cost of the required clothing as determined on the Clothing Reimbursement Form. All payments will be in accordance with current Internal Revenue Service (IRS) regulations. 1114 � RAVEIIJ Commented [MC191: CBA negotiated changes for an update to reflect current practice The Borough will be responsible for purchasing lodging and transportation for €employees who are traveling out of town on official business will be Fe' ..I.,,.sed fee Feax..na-ble ......,.nses by the Borough. The Borough ...:II provide for and/OF be by aiF and supplemented by such gFeund or water transpei4atien as is may. All etheF Posts iRrideRtal ..I. ..I and of ..I Rd necessary nature will be reimbursed. Such expenses weuld include hotel reams, aceta ferrtR' AF Fide faFe, and telephone. The Borough will reimburse the Commented FAW201: Undated tax to taxi receipts and the executed Travel Authorization. Employees will be paid a per diem for meals equal to the amount listed in the current US Government Services Administration (GSA) agency schedule. It should be noted that for non- contiguous states (Alaska and Hawaii) the GSA uses the Department of Defense Rates. These rates can be found on the Federal Government web site at http://www.gsa.gov. The federal government regulations also specify that on the first and last day of travel, per diem will be 75% of the daily rate. When an employee is on official business beyond their normal work hours and not requiring an overnight stay, per diem will be 75% of the daily rate. All The Borough and its employees nn d.FF: ve-.I t.ayelt.. vel are expected to make every effort to minimize the cost of travel. Examples OfGE)StrthRt ••III RAt ally be rRh• a� The Borough will not pay for first class air travel, gourmet meals, alcoholic beverages, party expenses, plush hotel suites, etc. Before embarking on any travel and prior to submitting travel -related cheek payment requests of ,tea Ghase ofaers, employees must submit a Travel Authorization Form. W ntel rng.mg .,ill ...II., be FeseFved and paid using the .d.l ase OFd eF system.. In the event that an accommodation is found to be unavailable upon arrival, and payment cannot be made by the Borough, Rreimbursement may be requested for hotel rooms with proper receipt submittal. An advance for per diem can be requested no sooner than two weeks prior to travel. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 46 of 65 AGENDA ITEM #14.C.1. Information about the Tax Cuts & Jobs Act Businesses with employees: Changes to fringe benefits and new credit For businesses that have employees, there are changes to fringe benefits and anew tax credit that can affect a business's bottom line. Suspension of the Up to $20 per month in Under TCJA, employers can deduct qualified bicycle commuting exclusion for qualified employer reimbursement for reimbursements as a business expense. bicycle commuting bicycle commuting expense Employers must now include 100%of these reimbursements in reimbursements is not subject to income and employment taxes of the the employee's wages, subject to income and employment employee. taxes. Suspension of exclusion An employee's moving Under TCJA, employers must include moving expense for qualified moving expense reimbursements are reimbursements in employees' wages, subject to income and expense reimbursements not subject to income or employment taxes. Generally, members ofthe U.S. Armed employment taxes. Forces can still exclude qualified moving expense reimbursements from their income. Prohibition on cash, gift Employers can deduct the Special rules allow an employee to exclude certain achievement cards and other non- cost of certain employee awards from their wages if the awards are tangible personal tangible personal achievement awards. property. An employer also may deduct awards that are tangible property as employee Deductible awards are personal property, subject to certain deduction limits. TCJA achievement award excludible from employee clarifies that tangible personal property doesn't include cash, income. cash equivalents, gift cards, gift coupons, certain gift certificates, tickets to theater or sporting events, vacations, meals, lodging, stocks, bonds, securities, and other similar items. Qualified Moving Expenses Reimbursements No Longer Excluded from Employees' Income, with Two Exceptions For 2018 through 2025, employers must include moving expense reimbursements in employees' wages. The new tax law suspends the exclusion for qualified moving expense reimbursements. Exception 1: Members of the U.S. Armed Forces can still exclude qualified moving expense reimbursements from their income if: • They are on active duty • They move pursuant to a military order and incident to a permanent change of station • The move expenses would qualify as a deduction if the employee didn't get a reimbursement Exception 2: Employers may exclude from wages any 2018 reimbursements to or payments on behalf of employees for moving expenses incurred for a move that took place prior to January 1, 2018, and which would have been deductible had they been paid prior to that date. See Notice 2018-75 aoF Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 48 of 65 AGENDA ITEM #14. C.1. From the US Department of Labor — The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events. Qualified individuals may be required to pay the entire premium for coverage up to 102% of the cost to the plan. COBRA health coverage benefits: • Continuity in Coverage o Generally, your coverage under COBRA will be the same coverage you had while you were an employee. This is helpful if you would like to continue to see your same doctors and receive the same health plan benefits. • Coverage for Dependents o Your dependents (i.e., spouse, former spouse, or children) are also eligible for COBRA coverage, even if you (the former employee) do not sign up for COBRA coverage. • Avoiding a Lapse in Coverage o COBRA can help those who need health coverage during the time between losing job -based coverage and beginning other health coverage. • Generous Time to Enroll o You have 60 days to enroll in COBRA once your employer-sponsored benefits end. Even if your enrollment is delayed, you will be covered by COBRA starting the day your prior coverage ended. You will receive a notice from your employer with information about deadlines for enrollment. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rul... Page 49 of 65 AGENDA ITEM #14.C.2. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 5, 2023 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2024-07 Reestablishing Boards, Committees, And Commissions As Established In The Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel Chapter 2.100 Boards, Committees, And Commissions ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to advance Ordinance No. FY2024-07 to public hearing at the next regular meeting of the Assembly. DISCUSSION: All boards, committees, and commissions established under Title 2 of the Borough Code, with the exception of those mandated by state law, shall terminate by operation of law three years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three years. The boards, committees, and commissions reestablished per this Ordinance will be for three years, December 31, 2023, until December 31, 2026. Chapter 2.110 - Emergency Services Council Last met on October 27, 2021 Chapter 2.120 - Parks and Recreation Committee Last met on August 25, 2020 Chapter 2.125 - Architectural/Engineering Review Board Last met on November 28, 2022 Chapter 2.145 - Solid Waste Advisory Board Last met on September 19, 2023 Chapter 2.160 - Borough Lands Committee Last met on March 13, 2019 The notice of termination as required by KIBC 2.100.080 will be advertised on October 11 and October 18. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Title 2 Administration and Personnel Chapter 2.100 Boards, Committees, and Commissions 2.100.180 Termination. A. All boards. committees. and commissions established under this chatter. with the exceation of those mandated by state law, shall terminate by operation of law three years from the date of Dassaae of this section. unless affirmatively reestablished or continued by the assembly for a period not to exceed three years. Any newly created board, committee, or commission shall be subject to the provisions of this section. Prior to the termination, continuation, or reestablishment, the clerk shall publish a notice of termination 60 days prior to the termination, and the assembly shall hold a public hearing, receiving testimony from the general public and Kodiak Island Borough Ordinance No. FY2024-07 Reestablishing Boards, Committees, And Commissio... Page 50 of 65 AGENDA ITEM #14.C.2. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 5, 2023 ASSEMBLY REGULAR MEETING 1 7�v members of the board, committee, or commission. In said hearing, the board, committee, or commission shall have the burden of demonstrating a public need for its continued existence. Kodiak Island Borough Ordinance No. FY2024-07 Reestablishing Boards, Committees, And Commissio... Page 51 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #14.C.2. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2024-07 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REESTABLISHING BOARDS, COMMITTEES, AND COMMISSIONS AS ESTABLISHED IN THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.100 BOARDS, COMMITTEES, AND COMMISSIONS WHEREAS, all boards, committees, and commissions established under Title 2, Chapter 2.100 of the Kodiak Island Borough Code of Ordinances, with the exception of those mandated by law, shall terminate by operation of law every three years, unless affirmatively re-established or continued by the Assembly; and WHEREAS, the Assembly shall hold a public hearing to receive testimony on the need for the continued existence of the board, committee, or commission from the general public and members of the board, committee, or commission. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances; and Section 2: The following boards, committees, and commissions are hereby affirmatively reestablished in the Kodiak Island Borough Code of Ordinances effective midnight December 31, 2023, through December 31, 2026. Chapter 2.110 Emergency Services Council Chapter 2.120 Parks and Recreation Committee Chapter 2.125 Architectural/Engineering Review Board Chapter 2.145 Solid Waste Advisory Board Chapter 2.160 Borough Lands Committee ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2023 KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Introduced by: Mayor and Assembly First reading: 10/05/2023 Kodiak Island Borough, Alaska ATTEST: Nova M. Javier, MMC, Borough Clerk Ordinance No. FY2024-07 Page 1 of 2 Ordinance No. FY2024-07 Reestablishing Boards, Committees, And Commissio... Page 52 of 65 AGENDA ITEM #14.C.2. 45 Second reading/public hearing: 46 47 VOTES: 48 Ayes: 49 Noes: 50 51 52 53 Kodiak Island Borough, Alaska Ordinance No. FY2024-07 Page 2 of 2 Ordinance No. FY2024-07 Reestablishing Boards, Committees, And Commissio... Page 53 of 65 AGENDA ITEM #14.C.2. NOTICE OF TERMINATION, CONTINUATION, OR REESTABLISHMENT OF DIFFERENT BOARDS, COMMITTEES, AND COMMISSIONS KIBC 2.100.180 dictates that all Kodiak Island Borough boards, committees, and commissions established under Title 2 shall terminate by operation of law three years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three (3) years. The Assembly will hold a public hearing on Thursday, October 19, 2023, to receive testimony from the general public and members of the board, committee, or commission. In said hearing, the board, committee, or commission shall have the burden of demonstrating a public need for its continued existence. The list includes the following: Planning and Zoning Commission, Emergency Services Council, Parks and Recreation Committee, Architectural/Engineering Review Board, Solid Waste Advisory Board, and Borough Lands Committee. If you wish to testify during the public hearing on Thursday, October 19, 2023, you may attend the meeting which starts at 7:30 p.m. in the Assembly Chambers or call (907) 486-3231 or (855) 492-9202. TO BE ADVERTISED ON OCTOBER 11 AND OCTOBER 18. Ordinance No. FY2024-07 Reestablishing Boards, Committees, And Commissio... Page 54 of 65 AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 5, 2023 ASSEMBLY REGULAR MEETING SUBJECT: Confirmation Of Mayoral Appointment To The Parks And Recreation Committee Of Mr. Pisa Faumui ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: Move to confirm the Mayoral appointment of Mr. Pisa Faumui to the Parks And Recreation Committee for a term to expire December 31, 2024. DISCUSSION: An application was received from Mr. Pisa Faumui on September 20, 2023. There are currently two vacant seats on the Parks And Recreation Committee and this appointment will place Mr. Faumui in a vacant seat to expire December 31, 2024. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Per KIBC 2.100.030 Appointments A. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code Kodiak Island Borough Confirmation Of Mayoral Appointment To The Parks And Recreation Committe... Page 55 of 65 Application For Boards, Committees, Commission & Work Groups AGENDA ITEM #14.D.1. Office of the Borough Clerk 710 Mill Bay Road, Room 234 Kodiak, AK 99615 Phone: (907) 486-9310 Fax: (907) 486-9391 clerksl@kodiakak.us Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. The Information on this form will also provide the basic information to the Mayor and Assembly Members on your interest in serving on the selected Board, Committee, Commission, or Work Group. Applicant Information Full Name: S Physical Address Where you Claim Residency: 91-4- Mailing Address: 23 2— i%' (r L -,L- (2,)`�¢c7 Phone Number(s): ( 9y7,) S�3 ? L Email Address(s):c�l�.� Employer/Occupation: "e, Check the Board, Committee, Commission, or Work Group for which you are applying: O Bay View Road Service Area O Architectural/Engineering Review Board O Citizens Board of Equalization O Fire Protection Area No. i O Kodiak Fisheries Development Association O Monashka Bay Road Service Area O Kodiak Fisheries Work Group O Mission Lake "Tide Gate" Service Area Parks and Recreation Committee O Service Area No. 1 O Planning and Zoning Commission* O Trinity Island Street Light Service Area 13 Solid Waste Advisory Board O Womens Bay Service Area Board O Other: O Woodland Acres Street Light Service Area Please Answer the Following Are you a Borough Resident?Yes O No If yes, for how long? Are you a registered voter? Yes O No *(Planning and Zoning Commissioners, once appointed, will be required to fill out APOC Financial Disclosure Forms)* Are you witting to file APOC financial Disclosure forms? O Y es O No Confirmation Of Mayoral Appointment To The Parks And Recreation Committe... Page 56 of 65 AGENDA ITEM #14.D.1. Background Information Please list any current memberships or organization(s) you belong to or participate in: KvD 14 -IL 2 z1 r e- -PI What background, special training, education, experience, or credentials do you possess and will bring to your selection(s): .L s4Qr Z4E L 122 f3 2 Why are you interested in serving on the selected Board, Committee, Commission, or Work Group? Explain your main reason for applying. This may include information on future goals or projects you wish to see accomplished or any additional information that may assist the Mayor and Assembly in the decision-making process. You may attach an additional page if needed: l IL A resume or letter of interest may be attached but is not required. STAfP USE ONLY - Registered voter of the Borough: dYes O No Resident of the Service Area: GM O No Date Received: @99MB SEP 1 U n73 BOROUGH CLERICS OFFICE KODIAK, ALASKA Date Provided to Mayor or Assembly: q/�,,9 3 REVISED 03'23 Confirmation Of Mayoral Appointment To The Parks And Recreation Committe... Page 57 of 65 AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH d PARKS AND RECREATION COMMIT€€ NAME TERM ENDS CONTACT NO. EMAIL 1 Brian Himelbloom PO Box 1866 2025 (907) 512-7070 907 486-0822 kayakadg(a)gmail. corn 2 Ben Millstein 11188 Kalsin Dr. 2023 (907) 942-3083 907 486-2537 millstein.ben(cD-gmail.com 3 Tracy Chandler 569 Leta St. 2025 (907) 539-1842 tracytchandler(c)-gmail.com 4 Travis Cooper 326 Center Ave. 2024 (907) 205-5222 travis(a)islandtrails.org 5 James Arneson 3092 Spruce Cape Rd 2024 (907) 942-3403 irarneson(cDgmail.com 6 School Rep 2024 7 2023 EX OFFICIOS NON-VOTING (KIBC 2.1 .010) SEAT APPOINTEE CONTACT NO. EMAIL 1 Assembly Member Larry LeDoux PO Box 1042 (907) 486-4966 larry.ledoux(a)kibassembly.org 2 Planning and Zoning Commissioners Cort Neff PO Box 8592 (907) 512-7272 cort.neff(a)kibplanning.org Christopher Paulson (Alternate) 1118 Steller Way (907) 539-1973 Christopher.paulson(a�kibplanning.org 3 City Parks & Rec Director Corey Gronn 315 Maple Ave (907) 654-7559 907 486-8670 cgronn(o-)city.kodiak.ak.us 4 State Park Ranger Ben Shryock 1400 Abercrombie Dr (907) 486-6339 benlamin.shryock(a)alaska.gov 5 School Rep STAFF: Chris French, AICP (907) 486-9360 cfrench(a)kodiakak.us CDD Director Associate Planner Bronwyn Currie (907) 486-9363 bcurrie(a)kodiakak.us CDD Permit Technician LEGISLATION: Kodiak Island Borough Code 2.120, Parks and Recreation Committee Rev. by IA On: 09/13/2023 Confirmation Of Mayoral Appointment To The Parks And Recreation Committe... Page 58 of 65 AGENDA ITEM #14.D.2. KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 5, 2023 ASSEMBLY REGULAR MEETING SUBJECT: Confirmation Of Assembly Appointment To The Monashka Bay Road Service Area Of Mr. Thomas Lance ORIGINATOR: Irene Arellano, Assistant Clerk RECOMMENDATION: Move to confirm the Assembly appointment of Mr. Thomas Lance to the Monashka Bay Road Service Area for a term to expire October 2025. DISCUSSION: An application was received from Mr. Thomas Lance on September 26, 2023. There are currently four vacant seats on the Monashka Bay Road Service Area Board and this appointment will place Mr. Lance in a vacant seat to expire December 31, 2025. Mr. Lance historically served on the board from 2011 until 2021. Mr. Patrick O'Donnell, who is the only member remaining on the Board, does not object to Mr. Lance's appointment to the Board. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Per KIB Code 4.15.040 Vacancies D. The clerk shall provide a standard application form for interested persons to complete. The form, letters or other expressions of interest shall be made to the clerk who shall forward copies to the service area board. E. The service area board may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term. Kodiak Island Borough Confirmation Of Assembly Appointment To The Monashka Bay Road Service Ar... Page 59 of 65 Application For Boards, Committees, Commission & Work Groups AGENDA ITEM #14.D.2. Office of the Borough Clerk 710 Mill Bay Road, Room 234 Kodiak, AK 99615 Phone: (907) 486-9310 Fax: (907) 486-9391 clerksPkodiakak.us Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. The Information on this form will also provide the basic information to the Mayor and Assembly Members on your interest in serving on the selected Board, Committee, Commission, or Work Group. Applicant Information Full Name: Physical Address Where you Claim Residency: 3 g k U Mailing Address <�Tmei Phone Number(s): �90 V 73 EmailAddress(s): �LtYt�G11 Employer/Occu pation: —Y/tPs Check the Board, Committee, Commission, or Work Group for which you are applying: O Architectural/Engineering Review Board O Bay View Road Service Area O Citizens Board of Equalization O Fire Protection Area No. 1 O Kodiak Fisheries Development Association kmonashka Bay Road Service Area O Kodiak Fisheries Work Group O Mission Lake "Tide Gate" Service Area O Parks and Recreation Committee O Service Area No. 1 O Planning and Zoning Commission* O Trinity Island Street Light Service Area O Solid Waste Advisory Board O Womens Bay Service Area Board O Other: O Woodland Acres Street Light Service Area Please Answer the Following Are you a Borough Resident? �_Yes O No If yes, for how long? Are you a registered voter? �Y es O No *(Planning and Zoning Commissioners, once appointed, will be required to fill out APOC Financial Disclosure Forms)* Are you willing to file APOC financial Disclosure forms? O Y es O No Confirmation Of Assembly Appointment To The Monashka Bay Road Service Ar... Page 60 of 65 AGENDA ITEM #14.D.2. Background Information Please list any current memberships or organization(s) you belong to or participate in: d 4 Qrw"A Cvwen b C What background, special training, education, experience, or credentials do you possess and will bring to your selection(s): Why are you interested in serving on the selected Board, Committee, Commission, or Work Group? Explain your main reason for applying. This may include information on future goals or projects you wish to see accomplished or any additional information that may assist the Mayor and Assembly in the decision-making process. You may attach an additional page if needed: // l S &"t- r— ua o � 7' w1 A resume or letter of interest may be attached but is not required. - STAIFf USE ONLY - Registered voter of the Borough: Yes O No Resident of the Service Area: V4es O No Date Received: OfflnD SEP 2 6 2023 BOROUGH CLERKS OFFICE KODIAK, ALASKA Date Provided to Mayor or Assembly: REVISED 03/23 Confirmation Of Assembly Appointment To The Monashka Bay Road Service Ar... Page 61 of 65 AGENDA ITEM #14.D.2. KODIAK ISLAND BOROUGH MONASHKA BAY ROAD SERVICE AREA BOARD NAME TERM ENDS CONTACT NO. EMAIL 1 Patrick Joseph O'Donnell 1353 Mountain View Dr. 2023 (907) 486-2683 907 539-5296 gwfisheries(a)vahoo.com 2 2024 3 2024 4 2025 5 2025 LEGISLATION: Kodiak Island Borough Code 4.60, Monashka Bay Road Service Area Rev. by IA On: 01 /11/2023 Confirmation Of Assembly Appointment To The Monashka Bay Road Service Ar... Page 62 of 65 AGENDA ITEM #18.A. KODIAK ISLAND BOROUGH Planning and Zoning Commission Regular Meeting May 17, 2023 A Planning and Zoning Commission Regular Meeting of the Kodiak Island Borough Assembly was held on May 17, 2023, in the Borough Assembly Chambers, 710 Mill Bay Road of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. Present were Alan Schmitt, Paul VanDyke, Christopher Paulson and Cort Neff. Call To Order At 6:32 p.m. Pledge of Allegiance Roll Call The above mentioned were present. Approval of Agenda Paulson moved to approved the May 17, 2023 agenda. Neff seconds motion. VOICE VOTE PASSED UNANIMOULSY 4/0. Approval of Minutes Paulson moved to approve the regular meeting minutes of April 19, 2023. Neff seconds motion. VOICE VOTE PASSED UNANIMOUSLY 4/0. Citizens' Comments Citizen Comment is limited to three minutes per speaker. Local Number: (907) 486-3231 or Toll -Free Number: 855-492-9202. Comments are for general topics only. Items for Discussion Ordinance FY2023-20 Amending Code Section 17.160.070 Accessory Dwelling Units, Intent And Development Standards. Neff seconds motion. After discussing this item and making sure that the verbiage is the way the Commission wants it, we will put it on the agenda for the month of July for public hearing. Kodiak Island Borough Planning and Zoning Commission Regular May 17, 2023 Meeting Minutes Planning and Zoning Commission Regular Meeting Minutes of May 17, 2023 Page 63 of 65 AGENDA ITEM #18.A. CDD staff is seeking clarification of this code and asking the Commission to amend code so that it is consistent. Staff believes that in A, "an effective way to add affordable housing to existing neighborhoods." Zoning Compliance would allow an ADU to be rented out, long term or short term, but the code continues to state that the ADU is NOT intended to allow a two family residence in any Single Family residential zoning district. Additionally, in 17.160.020 code clearly defines when a an accessory building is considered attached, however no such definition for a Accessory dwelling unit is in code. Staff seeks for the Commission to simplify or alter or add verbiage to code for better understanding for the public. All changes were made with Clerk approval on how the ordinance would look if going to the Assembly, therefore the "1" on line 42 and the "a" on line 64 must stay Ordinance FY2023-19 Amending Kodiak Island Borough Code section 17.175.050, off street parking -location. DISCUSSION ITEM ONLY After discussing this item and making sure that the verbiage is the way the Commission wants it, we will put it on the agenda for the month of July for public hearing. CDD staff would like to amend KIBC 17.175.050 for properties using this code for parking, to be mandated to record an encumbrance (i.e. lease or easement) while the contiguous property is being used. This encumbrance would need to be recorded and insures both a buyer and seller that parking compliance for a specific lot is on said lot and will remain on the lot until the encumbrance is removed and parking violations do not exist. Staff believes that this could be an effective way to allow parking while someone is either actively seeking Zoning Compliance for parking OR intends on using the parking on another lot long term. This would allow time for someone to either subdivide (abbreviated or through the Commission) or record an easement to the contagious lot so that compliance to code for all lots is assured. Currently if we allow for this code to be open ended, if the contagious lot is sold, then you would end up with a lot that is not compliant and no where for people to park. This could be a bad situation for residential improvements. If the P&Z Commission does not like the verbiage in this ordinance, Community Development staff would ask for suggestions to take back to the attorney so this could be amended. Kodiak Island Borough Planning and Zoning Commission Regular May 17, 2023 Meeting Minutes Planning and Zoning Commission Regular Meeting Minutes of May 17, 2023 Page 64 of 65 AGENDA ITEM #18.A. The Borough Attorney drafted the ordinance. No changes were made, but staff does have an explanation to the "whereas's" that the Commission was questioning. This can be put on the discussion items for the June meeting if the Commission desires. Public Hearing Citizen Comment is limited to three minutes per speaker. Local Number: (907) 486-3231 or Toll -Free Number: 855-492-9202. Comments are for that specific item only. Case No. S21-010. Applicant Alaska Department of Natural Resources requests an extension to file final plat for Kupreanof Shores Subdivision. Paulson moved to grant a six (6) month extension of the preliminary approval for the subdivision of the subdivision of portions of government Lots 1, located in Sections 29, 32, 33, & 34, T25S R24W and Sections 26, 27, 35, & 36, T25S R25S, Seward Meridian and vacation of a section line easement, creating Lots 1 - 35, Alaska State Land Survey No. 2019-19, Kupreanof Shores Subdivision to expire on December 16, 2023 per KIBC 16.40.060.F. And adopt the findings of fact for Case S21-010 listed in the supplemental staff report dated May 11, 2023. Staff report -Interim Community Development Director, Seema Garoutte Chair to Open Public Hearing: If you would like to be heard, please come to the podium, sign in, turn on the microphone and state your name or you can call in, the local number is 907-486-3231, toll free 855-492-9202. • There was none. Chair to Close Public Hearing Commission discussion ROLL CALL VOTE CARRIED UNANIMOUSLY 4/0 Old Business • There was none. New Business • There was none. Planning and Zoning Case Results Letters • S23-013 June Postponement Memo • 23-015 Denial Letter • 23-016 Approval Letter Kodiak Island Borough Planning and Zoning Commission Regular May 17, 2023 Meeting Minutes Planning and Zoning Commission Regular Meeting Minutes of May 17, 2023 Page 65 of 65 AGENDA ITEM #18.A. Abbreviated & Final Approvals - Subdivisions • There were none. Directors' Comments • Had comments about the upcoming appeal. • Board of Adjustment Training • Schedule and out of town dates. Citizens' Comments Citizen Comment is limited to three minutes per speaker. Local Number: (907) 486-3231 or Toll -Free Number: 855-492-9202. Comments are for general topics only. • There were none. Commissioners' Comment • VanDyke appreciates the fast meeting. • Neff commented for staff to enjoy time off. • Paulson reiterated Neff s comment. • Schmitt agrees with other Commissioner's. Announcements From The Chair a. The next Work Session of the Planning and Zoning Commission is scheduled for June 14, at 6:30 p.m. in the Assembly Chambers. b. The next Regular Meeting of the Planning and Zoning Commission is scheduled for June 21, at 6:30 p.m. in the Assembly Chambers. Adjournment. no �) MPaulson moved to adjourn the meeting. g Neff seconds motion. SEP 2 1 2023 VOICE VOTE CARREID UNANIMOULY 4/0. Meeting adjourned at 6:53 p.m. ATTEST: Bronwyn Currie, CDD Permit Technician BOROUGH CLERICS OFFICE KODlAK, ALASKA KODIAK ISLAND BOR O GH Alan Schmitt, Chair Approved on: q 0 I qudn Kodiak Island Borough Planning and Zoning Commission Regular May 17, 2023 Meeting Minutes Planning and Zoning Commission Regular Meeting Minutes of May 17, 2023 Page 66 of 65 Kodiak Island Borough Assembly Regular Meeting Guidelines Assembly Chambers Thursday, October 5, 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. 5. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed marked with an asterisk (*) are considered to be routine and non- controversial items by the Assembly and will be approved by one motion. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION 6. *APPROVAL OF MINUTES A. Special Meeting Of September 14, 2023 And Regular Meeting Of September 21, 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. Please ask speakers to: 1. Sign in and state their name for the record. 2. Turn on the microphone before speaking. 3. Address all remarks to the assembly as a body and not to any member thereof. 4. If calling in — turn off any listening devices to prevent feedback. Page 1 of 4 8. AWARDS AND PRESENTATIONS A. Proclamation Declaring October Filipino American National History Month Mayor Arndt, please read the proclamation and present it to Kodiak Fil-Am President Mark Vizcocho. 9. COMMITTEE REPORTS 10. PUBLIC HEARING Please call 1(907) 486-3231 or toll free 1(855) 492-9202 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 14.B. RESOLUTIONS 1. Resolution No. FY2024-08 Approving The Assembly Meeting Calendar For The Year 2024 Recommended motion: Move to adopt Resolution No. FY2024- 08. Staff Report: Nova Javier, Borough Clerk Assembly discussion. ROLL CALL VOTE ON THE MOTION 2. Resolution No. FY2024-10 Designating The Temporary Administrative Official During The Absence Of The Borough Manager Recommended motion: Move to adopt Resolution No. FY2024- 10. Staff Report: Aimee Williams, Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION Page 2 of 4 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rules and Regulations Recommended motion: Move to Advance Ordinance No. FY2024-06 to public hearing at the next regular meeting of the Assembly. Staff Report: Aimee Williams, Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION 2. Ordinance No. FY2024-07 Reestablishing Boards, Committees, And Commissions As Established In The Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel Chapter 2.100 Boards, Committees, And Commissions Recommended motion: Move to advance Ordinance No. FY2024-07 to public hearing at the next regular meeting of the Assembly. Staff Report: Nova Javier, Borough Clerk Assembly discussion. ROLL CALL VOTE ON THE MOTION 14.D. OTHER ITEMS 1. Confirmation Of Mayoral Appointment To The Parks And Recreation Committee Of Mr. Pisa Faumui Recommended motion: Move to confirm the Mayoral appointment of Mr. Pisa Faumui to the Parks And Recreation Committee for a term to expire December 31, 2024. Staff Report: Nova Javier, Borough Clerk Assembly discussion. ROLL CALL VOTE ON THE MOTION Page 3 of 4 2. Confirmation Of Assembly Appointment To The Monashka Bay Road Service Area Of Mr. Thomas Lance Recommended motion: Move to confirm the Assembly appointment of Mr. Thomas Lance to the Monashka Bay Road Service Area for a term to expire October 31, 2025. Staff Report: Nova 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, October 12, 2023, at 6:30 p.m. in the Borough Assembly Chambers. The next Assembly Regular Meeting is scheduled on Thursday, October 19, 2023, at 6:30 p.m., in the Borough Assembly Chambers. The Canvass Board will meet at 9 a.m. on Wednesday, October 11, 2023, here in the Assembly Chambers. Public members are welcome to attend. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION K/BC 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 Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: Date: V `� Adjourned: BY: SECOND: C BY: `�J SECOND: /�� xm� BY: '47 SECOND:\ C� \1�1 BY: 55 SECOND: BY: 5 SECOND) a YES N YES NO YES NO YES NO YES NO Mr. Delgado Mr. Delgado Mr. Delgado Mr. Delgado. ✓ Mr. Delgado Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux V Mr. LeDoux Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley V Mr. Smith Mr. Smith Mr. Smith Mr. Smith V Mr. Smith V Mr. Turner Mme WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: IV 10 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 I VMayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Regular / Special 9 P Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: Date. ` Adjourned: BY: SECOND: BY: SECOND:' BY: i SECOND: BY: SECOND: BY: SECON : UV YES NO YES NO YES N YES NO YES NO Mr. Delgado V Mr. Delgado V Mr. Delgado Mr. Delgado V Mr. Delgado Mr. Griffin Mr. Griffin Mr. Griffin 1 /' V Mr. Griffin Mr. Griffin Mr. LeDoux �' Mr. LeDoux Mr. LeDoux Mr. LeDoux V Mr. LeDoux Mr. Sharratt VAMr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Smiley Mr. Smiley V Mr. Smiley ),2� Mr. Smiley Mr. Smiley Mr. Smith Mr. Smith Mr. Smith AL Mr. Smith Mr. Smith Mr. Tur . urner WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE_ THEIR VOTE?; TOTAL: 0 TOTAL: I Z—T—TOTAL: TOTAL: 0 O I TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt 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 reauirina 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 Ell Date: OC-2p)l Meeting Type: Please PRINT vour name legibly Phone number Kodiak Island Borough Assembly Newsletter Vol. FY2024, No.08 October 06, 2023 At Its Regular Meeting Of October 05, 2023, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On October 19, 2023, At 6:30 p.m. In The Borough Assembly Chambers. PROCLAIMED The Month of October Filipino American National History Month And Urging All Citizens To Participate In The Festivities Celebrating The Rich Heritage And Traditions Of The Philippine Islands ADOPTED Resolution No. FY2024-08 Approving The Assembly Meeting Calendar For The Year 2024 ADOPTED Resolution No. FY2024-10 Designating The Temporary Administrative Official During The Absence Of The Borough Manager ADVANCED Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rules and Regulations To Public Hearing At The Next Regular Meeting Of The Assembly ADVANCED Ordinance No. FY2024-07 Reestablishing Boards, Committees, And Commissions As Established In The Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel Chapter 2.100 Boards, Committees, And Commissions To Public Hearing At The Next Regular Meeting Of The Assembly CONFIRMED The Mayoral Appointment Of Mr. Pisa Faumui To The Parks And Recreation Committee For A Term To Expire December 31, 2024 CONFIRMED The Assembly Appointment Of Mr. Thomas Lance To The Monashka Bay Road Service Area For A Term To Expire October 2025 View our website: Visit our Facebook page: Follow us on www.kodiakak.us www.facebook.com/KodiakislandBorough Twitter: 91 @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.08 October 06, 2023 At Its Regular Meeting Of October 05, 2023, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On October 19, 2023, At 6:30 p.m. In The Borough Assembly Chambers. PROCLAIMED The Month of October Filipino American National History Month And Urging All Citizens To Participate In The Festivities Celebrating The Rich Heritage And Traditions Of The Philippine Islands ADOPTED Resolution No. FY2024-08 Approving The Assembly Meeting Calendar For The Year 2024 ADOPTED Resolution No. FY2024-10 Designating The Temporary Administrative Official During The Absence Of The Borough Manager ADVANCED Ordinance No. FY2024-06 Amending the Kodiak Island Borough Personnel Rules and Regulations To Public Hearing At The Next Regular Meeting Of The Assembly ADVANCED Ordinance No. FY2024-07 Reestablishing Boards, Committees, And Commissions As Established In The Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel Chapter 2.100 Boards, Committees, And Commissions To Public Hearing At The Next Regular Meeting Of The Assembly CONFIRMED The Mayoral Appointment Of Mr. Pisa Faumui To The Parks And Recreation Committee For A Term To Expire December 31, 2024 CONFIRMED The Assembly Appointment Of Mr. Thomas Lance To The Monashka Bay Road Service Area For A Term To Expire October 2025