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2022-11-17 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, November 17, 2022, 6:30 p.m. This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting packets are available onlin e. 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. October 27, 2022, Special Meeting and November 3, 2022, Regular Meeting Meeting Minutes 4 - 15 7. CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202 This section is for general comments and for agenda items NOT scheduled for public hearing. 8. AWARDS AND PRESENTATIONS 9. COMMITTEE REPORTS 10. PUBLIC HEARING A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Interests To Dispose Of The Larsen Bay School 16 - 50 Page 0 of 97 Property Located At 502 Third Street In Larsen Bay By Conveyance To The Village Of Larsen Bay With Conditions To Accommodate A Future School Location Agenda Item Report - Pdf 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. FY2022-22A Amending and Redirecting Funds From The State Of Alaska ARPA Local Government Lost Revenue Relief Program (LGLRRP) To Offset Significant Revenue Loss Due To The Covid-19 Public Health Emergency Agenda Item Report - Pdf 51 - 58 2. Resolution No. FY2023-09A Amending and Redirecting Previously Authorized America Rescue Plan Act (ARPA) - State And Local Fiscal Recovery Funds (SLFRF) For The Benefit Of The Residents Of The Borough Agenda Item Report - Pdf 59 - 68 3. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvement Projects Priority List For The 2023 Legislative Session Resolution No. FY2023-15 - Pdf 69 - 75 4. Resolution No. FY2023-03A A Resolution Of The Assembly Of The Kodiak Island Borough Amending The Kodiak Island Borough Records Retention Schedule And Central Filing System To Reflect Amendments To The Borough Clerk Records Series And Election Series Agenda Item Report - Pdf 76 - 82 14.C. ORDINANCES FOR INTRODUCTION 14.D. OTHER ITEMS 1. Appointment to the Kodiak Island Borough Assembly Agenda Item Report - Pdf 83 - 88 Page 1 of 97 2. Administration Of Oath Of Office To Newly Appointed Assembly Member Agenda Item Report - Pdf 89 - 90 3. Good Cause Determination For A Late Senior Citizen Exemption Agenda Item Report - Pdf 91 - 92 15. CITIZENS' COMMENTS. 1-907-486-3231 or Toll Free 1-855-492-9202. (Limited To Three Minutes Per Speaker) 16. ASSEMBLY MEMBERS’ COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS 18.A. MINUTES OF OTHER MEETINGS 1. Fire Protection Area No. 1 Board Minutes Fire Protection Area No.1 Board Minutes 93 - 97 18.B. REPORTS __________________________________________________________________________ This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. For public comments, please call (907) 486-3231 or (855) 492-9202. Page 2 of 97 Kodiak Island Borough October 27, 2022 Assembly Special Meeting Minutes Page 1 of 2 KODIAK ISLAND BOROUGH Assembly Special Meeting October 27, 2022 A special meeting of the Kodiak Island Borough Assembly was held on October 13, 2022, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. Staff present were the Borough Attorney Scott Brandt- Erichsen, Interim Borough Manager Dave Conrad, Clerk’s Office Staff, and Assessing Director Seema Garoutte. ROLL CALL Present were Mayor Williams, Assembly members Joseph Delgado, Jared Griffin, Larry Ledoux, Scott Smiley, and James Turner. SMILEY moved to excuse Assembly Member Smith who is absent due to personal matters. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS COMMENTS The following spoke under citizen’s comments: • Cort Neft • Audrey Gugel 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-21-00057CI SMILEY moved to convene into executive session to discuss litigation strategy regarding Kodiak Area Native Association v. Kodiak Island Borough, Case No. 3 KO- 21-00057CI ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Ledoux, Smiley, and Turner. SMILEY moved to invite the Mayor, Assembly members, Borough Attorney Scott Brandt-Erichsen, Interim Borough Manager Dave Conrad, Clerk’s Office Staff, and Assessing Director Seema Garoutte into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Mayor Williams recessed the special meeting and convened into executive session at 6:34 p.m. At 7:06 p.m. Mayor Williams reconvened the special meeting and announced no action taken. AGENDA ITEM #6.A. October 27, 2022, Special Meeting and November 3, 2022, Regular Meeting Page 4 of 96 Kodiak Island Borough October 27, 2022 Assembly Special Meeting Minutes Page 2 of 2 B. Contract No. FY2023-29 Assembly Approval Of The Borough Manager Contract With Elke Doom Mayor Williams announced that Contract No. FY2023-29 employment contract between the Kodiak Island Borough and Ms. Elke Doom as Borough Manager was declined. Direction was given to interim Borough Manager Dave Conrad and HR officer Christiansen to resume advertising for the position. ADJOURNMENT SMILEY moved to adjourn the meeting at 7:08 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: Aimee Williams, Borough Mayor Nova M. Javier, MMC, Borough Clerk AGENDA ITEM #6.A. October 27, 2022, Special Meeting and November 3, 2022, Regular Meeting Page 5 of 96 Kodiak Island Borough November 3, 2022 Assembly Regular Meeting Minutes Page 1 of 10 KODIAK ISLAND BOROUGH Assembly Regular Meeting November 3, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on November 3, 2022, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Interim Borough Manager David Conrad, Borough Clerk Nova Javier, and Deputy Clerk Lina Cruz. 1. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Williams led the Pledge of Allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Mayor Williams, Assembly members Larry Ledoux, Joseph Delgado, Jared Griffin, Geoffrey Smith, Scott Smiley, and James Turner. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF AGENDA AND CONSENT AGENDA Smiley moved to approve the agenda and the consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES (Approved under consent agenda) 1 Regular Meeting Minutes of October 20, 2022 7. CITIZENS' COMMENTS The following spoke under citizen’s comments: • Mitchell Kilborn • Hailey Thompson 8. AWARDS AND PRESENTATIONS – None. 9. COMMITTEE REPORTS AGENDA ITEM #6.A. October 27, 2022, Special Meeting and November 3, 2022, Regular Meeting Page 6 of 96 Kodiak Island Borough November 3, 2022 Assembly Regular Meeting Minutes Page 2 of 10 10. PUBLIC HEARING 1. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Interests To Lease The Property At 717 E. Rezanof Drive Pursuant To A Competitive Request For Proposals Process Which Waives Certain Disposal Procedures Smiley moved to adopt Ordinance No. FY2023-11. As directed, the staff and borough attorney developed and presented for review an ordinance for the disposal by lease of the three buildings at 717 East Rezanof Street (former Mental Health Facilities). By affirmative action of the assembly, this ordinance will direct the staff to develop and advertise a request for Proposal for the long-term lease of the facilities. Mayor Williams closed the regular meeting and opened the public hearing. Hearing and seeing none, Mayor Roberts closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Ledoux, Smiley, and Smith. 2. Ordinance No. FY2023-02A An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2023-02, Fiscal Year 2023 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects Smiley moved to adopt Ordinance No. FY2023-02A. During the 10/13/22 work session, a request was made to remove the Tourism Development budget adjustment because the financial information did not include the first quarter transient accommodation revenues which are not due until 10/30/22. Item will be addressed in future amendments. ORIGINAL VERSION This ordinance presents the net changes for additional funding requests which occurred during the current fiscal year for items or circumstances not known or expected during the initial creation of the FY2023 Budget. Staff was asked to provide quarterly cost information for the receptionist position at the Kodiak Fisheries Research Center (KFRC) and make arrangements for transfers from the General Fund to fund the position. That position costs roughly $5,200 a month for 2 days a week. As of 9/26/22, the Tourism Development Fund has a current FY2023 deficit of $11,000. Funds (not including Capital Project Funds) AGENDA ITEM #6.A. October 27, 2022, Special Meeting and November 3, 2022, Regular Meeting Page 7 of 96 Kodiak Island Borough November 3, 2022 Assembly Regular Meeting Minutes Page 3 of 10 Funds are accounts established to collect money that must be used for a specified purpose. The following funds are being changed with this budget amendment: Fund Additional Appropriation Transfer In/(Out) Current Cash Balance 100 - General Fund 10/13 Revision $0 ($TBD) $8,041,822 220 - Building & Grounds $0 ($45,000) $669,320 277 - Tourism Development 10/13 Revision $0 $TBD $69,501 Projects (within Capital Project Funds) Since most projects cover multiple years, the Borough does not create annual budgets for them. Instead, each project budget is developed when the project is originated. Throughout the life of a project, funds will cycle in and out of the perspective budgets due to continuous changes with the scope of work, expenses that are over and under original estimates, or funds remaining at project completion. The projects being amended by this budget amendment are: Capital Project Fund Project Name Increasing/(Decreasing) 415 Peterson Elementary Roof Replacement $45,000 455 Tsunami Siren Upgrades - 2020 ($105,041) Mayor Williams closed the regular meeting and opened the public hearing. Hearing and seeing none, Mayor Roberts closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Ledoux, Smiley, Smith, Turner, and Delgado. 11. BOROUGH MANAGER’S REPORT Interim Borough Manager Dave Conrad reported on the following: • FY2023 Budget Book – The Finance Department has completed the FY2023 Budget Book and has provided copies to the assembly for informational purposes. • PKIMC – Staff will present the settlement agreement to the assembly and will request endorsement to finalize the claims for the two fuel spill incidents at the Long-Term Care Center and the Hospital facilities. • KIBSD – Finance will be presenting two ordinances to the assembly for consideration and approval to dedicate the ARPA Funds to the single project, Peterson Elementary School HVAC, and Roof Repairs. • KIB Electrical Contractor, Local Electric is working on the repair/replacement of the flashing light on Rezanof that had significant hardware failure last year. AGENDA ITEM #6.A. October 27, 2022, Special Meeting and November 3, 2022, Regular Meeting Page 8 of 96 Kodiak Island Borough November 3, 2022 Assembly Regular Meeting Minutes Page 4 of 10 • Assessing – KANA Case depositions were completed last week and he is working on follow up information. December 12,13, 14 are the trial dates. • Assessing staff continues performing the required field work for the reassessment of properties within the City of Kodiak boundaries. • Staff is prepared for the distribution of the updated senior citizen and disabled veteran exemption applications and the personal property and aircraft filing forms. • Community Development – Staff is working on various permits and applications. Natives of Kodiak submitted Spruce Cape subdivision for preliminary plat review. • Mill Bay Plaza final plat is anticipated for presentation of final review. • Finance – Staff has started the annual filing of small claims for delinquent personal property accounts, notices are currently being served. • The Full Payment Option for property taxes went well and the next payment date will be on November 15 which is when the second half payment is due. • GASB87 – Governmental Accounting Standards Board requirements went into effect June 2021. This requires the lessee to recognize a lease liability and an intangible right to use lease assets at the end of a lease term. Finance is examining the current leases for potential changes if required to meet these requirements. Engineering and Facilities • KRFC – The Government Services Administration (GSA) has forwarded documents associated with the award of this capital project with the KIB email issues. These documents are in the que for email delivery and will be completed tomorrow. • Bulldozer Procurement – The dozer rebuild continues. • Service Area Contracts – Contract development is required for renewal and implementation. • Landfill – Three more blasting events will occur early next week. That is going to conclude the blasting for this year. Rock processing continues. • Leachate Treatment Plant - Under slab piping has been installed and electrical conduit is installed and inspected. Contractor is placing rebar for Monday inspection and concrete pour as weather allows. • Staff is preparing the documents for the request of low interest loans from the ADEC State Revolving Loan Questionnaire. The request will be for 4.45 million dollars. AGENDA ITEM #6.A. October 27, 2022, Special Meeting and November 3, 2022, Regular Meeting Page 9 of 96 Kodiak Island Borough November 3, 2022 Assembly Regular Meeting Minutes Page 5 of 10 • Larsen Bay School Property – The Larsen Bay Tribal Council has requested a single word change to the document. A discussion was held regarding repair items that were not able to be completed due to travel restrictions and contractor availability. He is recommending that the disposal proceed, and will work with Larsen Bay to complete specific repairs to the heating and fire suppression system that were identified prior to the disposal discussions. The cost is estimated at less than $5000.00 for all the repairs. • Karluk School Property – A discussion was held today with the Alaska Department of Environmental Conservation, Contaminated Sites Section. Due to the extensive amount of contamination, the depth of contaminated soils and the lack of ground water testing the site will, likely require an Environmental Covenant be assigned to the parcel. There has been an incomplete ground water investigation and the installation of monitoring wells and periodic monitoring may be required at the property. A meeting has been proposed for the first week of November after the ADEC staff member discusses the case with her superiors. • At this point if the assembly wishes to completely shut down and close the school facility direction should be provided to the staff. List of Pending Items for Discussion • Bayside Classroom Addition. • Disposition of Closed School Facilities – Allowable Scope for Current Staff OSHA Voluntary Compliance Visit – Rescheduled for October. • Continued update of the Personnel Manual ARPA Funding Reporting is continuing. • Grant Application and Local Match Funding – Approval for application prior to expending staff time. • Leases – Teen Court, Red Cross, Fairgrounds, KISA, Chiniak Library, Long Term Care Major Maintenance Funding for Facilities. • Disposition of Mental Health Buildings – Information provided to the assembly Solid Waste Collection Contract Modifications. • Service Area Contracts Annual Contracts. • He is working on additional methods to reward employees in Personnel Manual. • He is working on Borough vehicle replacements. • Funding opportunities for road repairs and improvements. 12. MESSAGES FROM THE BOROUGH MAYOR None. AGENDA ITEM #6.A. October 27, 2022, Special Meeting and November 3, 2022, Regular Meeting Page 10 of 96 Kodiak Island Borough November 3, 2022 Assembly Regular Meeting Minutes Page 6 of 10 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 1. Election Of The 2022-2023 Borough Assembly Deputy Presiding Officer Griffin moved to unanimously nominate Assembly member Smiley as Deputy Presiding Officer. Mayor opened the floor for nominations. The assembly annually, at the November meeting, elects from its members a Deputy Presiding Officer to serve at the assembly’s pleasure. Duties of the Deputy Presiding Officer: • Will preside as the chair at assembly meetings in the absence of the mayor. • Perform other duties as assigned by the Mayor and Assembly. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 14.A. CONTRACTS 1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Offices And Common Spaces In The KFRC Facility Smiley moved to approve Contract No. FY2023-21 Carpet Replacement for the Mail Floor of NOAA offices and common spaces in the KFRC facility as described in the statement of work to Eastside carpet company of Anchorage, Alaska. As part of the last lease negotiation, NOAA and the Government Services Organization have been cooperative partners with the KIB staff in the development of the carpet replacement project for the NOAA leased office spaces and the common areas of this KFRC facility. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ledoux, Smiley, Smith, Turner, Delgado, and Griffin. 2. Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacement Project With Jensen Yorba Wall Smiley moved to authorize the manager to execute Contract No. FY2023-27 completion of the Peterson HVAC and roof replacement project with Jensen Yorba Wall. This contract adjustment will fund the completion from the present 65% design and drawing phase to 95% design, specification, and preparation of the bid proposal package for advertisement for competitive bid. AGENDA ITEM #6.A. October 27, 2022, Special Meeting and November 3, 2022, Regular Meeting Page 11 of 96 Kodiak Island Borough November 3, 2022 Assembly Regular Meeting Minutes Page 7 of 10 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Delgado, Griffin, and Ledoux. 3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Rebel Strike, LLC. Smiley moved to authorize the Manager to execute Contract No. FY2023-28 bid to Rebel Stike, LLC. for the Bayside Fire Response Vehicle procurement in the amount of $247,264. Bayside Fire Chief Lee Finlayson and the Fire Protection Area 1 Board (FPA1) have decided they would like to purchase a new truck as a fire response vehicle for the Bayside fire station. FPA1 published an invitation to bid on June 17, 2022, but the bid process failed due to supply chain issues and availiablity of vehicles. After discussion with the Borough Attorney, the FPA1 was allowed to send a deposit to vendors that currently had a vehicle that met specifications to hold it while the bidding process was progressing. They re-published the bids on September 2, which was a successful bid. There were two bidders that submitted full bid packages; one was sent the deposit to hold the vehicle, the other was not. The FPA1 held a meeting on October 18, 2022, and a special meeting on October 24th, 2022, to evaluate the bidders' qualifications and specifications. It was decided that Rebel Strike was the lowest bidder and therefor more qualified. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Turner, Delgado, Griffin, Ledoux, and Smiley. 14.B. RESOLUTIONS 1. Resolution No. FY2022-15A Amending Resolution No. FY2022-15, A Resolution Of The Assembly Of The Kodiak Island Borough Approving The Annual 2022 Borough Calendar Smiley moved to adopt Resolution No. FY2022-15A. On December 16, 2021, the Assembly adopted Resolution No. FY2022-15 approving The Annual 2022 Borough Calendar. In order to make changes to the meeting calendar, the assembly must first make an amendment to the Resolution. The Assembly directed staff to schedule a work session on November 10, and a regular meeting on November 17, and cancel the work session of December 8 and regular meetings of December 15 due to anticipated lack of quorum because of the Alaska Municipal League Conference. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Turner, Delgado, Griffin, Ledoux, and Smiley. AGENDA ITEM #6.A. October 27, 2022, Special Meeting and November 3, 2022, Regular Meeting Page 12 of 96 Kodiak Island Borough November 3, 2022 Assembly Regular Meeting Minutes Page 8 of 10 2. Resolution No. FY2023-16 Approving The Assembly Meeting Calendar For The Year 2023 Smiley moved to adopt Resolution No. FY2023-16. 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. The Annual Alaska Municipal League conferences are now held during the first week of December. The November 30 work session and December 7 regular meeting were removed from the calendar due to the anticipated lack of quorum. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Delgado, Griffin, Ledoux, Smiley, and Smith. 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Interests To Dispose Of The Larsen Bay School Property Located At 502 Third Street In Larsen Bay By Conveyance To The Village Of Larsen Bay With Conditions To Accommodate A Future School Location Smiley moved to advance Ordinance No. FY2023-10 to public hearing at the next regular meeting of the Assembly on November 17, 2022. Due to the costs associated with maintaining the property and facility (former school) in Larsen Bay, staff has been directed to pursue the disposal of this parcel and facility. Discussions have been held with both the City of Larsen Bay and the Native Village of Larsen Bay. Conversations with the Village Council have resulted in an interest of the council to pursue ownership of the school for the purpose of utilizing the facility and grounds as a multi-use facility for the Larsen Bay residents. Discussions with the tribal council president have included the willingness to provide adequate, maintained classroom space for the continued educational purposes of the resident school age children. Language in the disposal agreement has been included in the required disposal documents. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Ledoux, Smiley, Smith, and Turner. 14.D. OTHER ITEMS 15. CITIZENS' COMMENTS AGENDA ITEM #6.A. October 27, 2022, Special Meeting and November 3, 2022, Regular Meeting Page 13 of 96 Kodiak Island Borough November 3, 2022 Assembly Regular Meeting Minutes Page 9 of 10 The following spoke under citizen’s comments: • Cort Neff 16. ASSEMBLY MEMBERS' COMMENTS • Assembly Member Smith had no comment. • Assembly Member Ledoux had no comment. • Assembly Member Smiley had no comment. • Assembly Member Griffin thanked the citizens that showed up and commented at the meeting. He expressed his support on Larsen Bay building repairs project and the Baranof Park ice rink name decolonization. • Assembly Member Delgado encouraged citizens to take care of their homes during this windy and cold season. • Assembly Member Turner expressed gratitude and appreciation towards the number of citizens in the audience. 17. EXECUTIVE SESSION 1 Assembly Discussion Of The Qualifications Of David Conrad To Serve As Borough Manager Smiley to convene into executive session under the authority of KIBC 2.30.030(F)(1)(C) for the purpose of discussing the qualifications of David Conrad to serve as Borough Manager. This is a matter which may tend to prejudice the reputation or character of Mr. David Conrad who has been notified of the potential executive session. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Ledoux, Smiley, Smith, Turner, and Delgado. Smiley moved to invite the Mayor, Assembly members, and Interim Borough Manager David Conrad into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Smiley moved to negotiate a contract with David Conrad for the Borough manager position as a result of the executive session ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ledoux, Smiley, Smith, Turner, Delgado, and Griffin. 2 Discussion Of The Terms Upon Which To Extend An Offer Of Employment To A Potential Borough Manager Smiley moved to convene into executive session to discuss the terms upon which to extend an offer of employment to a potential Borough Manager. This matter qualifies for executive session under the authority of KIBC 2.30.030(F)(1)(B) as a matter the immediate public knowledge of which would tend to affect adversely affect the finances of the borough. AGENDA ITEM #6.A. October 27, 2022, Special Meeting and November 3, 2022, Regular Meeting Page 14 of 96 Kodiak Island Borough November 3, 2022 Assembly Regular Meeting Minutes Page 10 of 10 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Delgado, Griffin, and Ledoux. Smiley moved to invite the Mayor, Assembly members, and Special Projects Support Officer Meagan Christiansen into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Smith moved to direct Mayor Williams and Deputy Presiding Officer Smiley to negotiate the Borough manager contract with David Conrad as a result of the executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smith, Turner, Delgado, Griffin, Ledoux, and Smiley. 18. ADJOURNMENT Smiley moved to adjourn the meeting at 8:27 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: Aimee Williams, Borough Mayor Nova M. Javier, MMC, Borough Clerk AGENDA ITEM #6.A. October 27, 2022, Special Meeting and November 3, 2022, Regular Meeting Page 15 of 96 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Interests To Dispose Of The Larsen Bay School Property Located At 502 Third Street In Larsen Bay By Conveyance To The Village Of Larsen Bay With Conditions To Accommodate A Future School Location ORIGINATOR: Dave Conrad, Interim Borough Manager RECOMMENDATION: Move to adopt Ordinance No. FY2023-10. DISCUSSION: Due to the costs associated with maintaining the property and facility (former school) in Larsen Bay, staff has been directed to pursue the disposal of this parcel and facility. Discussion's have been held with both the City of Larsen Bay and the Native Village of Larsen Bay. Conversations with the Village Council have resulted in an interest of the council to pursue ownership of the school for the purpose of utilizing the facility and grounds as a multi-use facility for the Larsen Bay residents. Discussions with the tribal council president have included the willingness to provide adequate, maintained classroom space for the continued educational purposes of the resident school age children. Language in the disposal agreement has been included in the required disposal documents. ALTERNATIVES: Maintain the current arrangement to fund the utilities and upkeep of the existing site. Update the existing Use Agreement. FISCAL IMPACT: FY2021 - $75,745.10, FY2022 - $67,899.01, FY2023 YTD - $17,184.79. OTHER INFORMATION: Staff has been informed that there have been recent changes with the leadership of the Larsen Bay Village Council. The discussions to date will require verification prior to moving forward. AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 16 of 96 Kodiak Island Borough, Alaska Ordinance No. FY2023-10 Page 1 of 3 Introduced by: Interim Borough Manager 1 Drafted by: Borough Attorney 2 Introduced on: 11/03/2022 3 Public Hearing Date:11/17/2022 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2023-10 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING 10 THAT IT IS IN THE BOROUGH’S BEST INTERESTS TO DISPOSE OF THE LARSEN BAY 11 SCHOOL PROPERTY LOCATED AT 502 THIRD STREET IN LARSEN BAY BY 12 CONVEYANCE TO THE VILLAGE OF LARSEN BAY WITH CONDITIONS TO 13 ACCOMMODATE A FUTURE SCHOOL LOCATION 14 15 RECITALS 16 17 WHEREAS, the Kodiak Island Borough (Borough) owns Lot Two (2), Block Eleven (11), Larsen 18 Bay Townsite, U.S. Survey 4872, according to Plat 87-37 filed in the Kodiak Recording District, 19 Third Judicial District, State of Alaska, (the Property) which is an approximately 2.26 acre parcel 20 containing the now closed Larsen Bay School; and, 21 22 WHEREAS, the Borough originally obtained Block 11, of Tract “A” of U.S. Survey 4872 in July 23 1979 from the Village of Larsen Bay as part of its obligations under Section 14(c)(3) of the Alaska 24 Native Claims Settlement Act to provide lands for municipal facilities and through an agreement 25 between Koniag, Inc, the City of Larsen Bay, the Borough and the Village corporation; and, 26 27 WHEREAS, the conveyance of the land to the Borough was only the surface estate, and was 28 restricted for school purposes. The agreement and the deed further provided for the parcel to 29 revert to the Municipality of Larsen Bay should it cease to be used for school purposes; and, 30 31 WHEREAS, in 1987, the Borough and the City of Larsen Bay conducted a land trade and replat 32 of Block 11, Tract “A,” incorporating a vacated right of way and some City of Larsen Bay property 33 into the school parcel re-platted as Lot 2, Block 11, USS 4872, according to Plat 87-37, and 34 conveying part of Block 11, Tract “A,” which was incorporated into Lot 1, Block 11, USS 4872, 35 according to Plat 87-37, to the City of Larsen Bay; and, 36 37 WHEREAS, the Kodiak Island Borough School District officially closed the Larsen Bay School 38 due to low enrollment, and received confirmation from the State of Alaska of the acceptance of 39 the closure in 2018; and, 40 41 WHEREAS, the Kodiak Island Borough School District has no anticipated need for the Property 42 in the foreseeable future, leaving the Borough responsible for any maintenance; and, 43 44 WHEREAS, the reversionary rights in the Property limit the Borough’s ability to use the Property 45 for uses other than school purposes; and, 46 47 WHEREAS, the Borough has advised the City of Larsen Bay of the school closure and the City 48 of Larsen Bay has requested that the Property be conveyed to the Village of Larsen Bay; and, 49 AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 17 of 96 Kodiak Island Borough, Alaska Ordinance No. FY2023-10 Page 2 of 3 50 WHEREAS, the Borough Assembly finds that its maintenance of the Property by the Borough 51 carries a significant cost of over $70,000 per year, and, 52 53 WHEREAS, the Village of Larsen Bay is willing to accept the Property and to provide space 54 within the building for children in Larsen Bay to engage in schoolwork; and, 55 56 WHEREAS, the Borough Assembly finds that it is in the Borough’s best interests to dispose of 57 its interest in the surface estate in the Property by conveyance to the Village of Larsen Bay with 58 the conditions that, should the Borough find it necessary to reestablish a school in Larsen Bay, 59 the Village of Larsen Bay shall either make space available in on the Property to provide for a 60 school or shall provide the Borough with an alternate school site parcel with utility hookups of at 61 least one acre in size in a single parcel for use as a school site; and, 62 63 WHEREAS, KIBC 18.20.020 permits the Borough to dispose of land in any manner not 64 prohibited by law, unless another provision of Title 18 of the KIBC or another provision of law 65 establishes a specific mandatory procedure; and, 66 67 WHEREAS, KIBC 18.20.030 calls for Planning Commission review and recommendation prior 68 to approval of a disposal of an interest in land by the Borough; and, 69 70 WHEREAS, the Assembly finds that Planning Commission review of this proposed disposal of 71 an interest in land would not provide meaningful guidance where the land is subject to a 72 reversionary interest and restricted uses. Therefore, it is in the Borough’s best interests to dispose 73 of the Property without requiring Planning Commission review under KIBC 18.20.030 prior to 74 disposal; and, 75 76 WHEREAS, the Property with building and land have an estimated value of $3,152,400. KIBC 77 18.20.050 calls for an ordinance and public vote ratifying the disposal if a sale, lease or other 78 permanent disposal of an interest in Borough land valued at over $1 million to a single entity is to 79 be accomplished by means other than an outcry auction; and, 80 81 WHEREAS, the Assembly finds that the restrictions on marketability, the reversionary interest 82 in the Property and the ongoing holding costs make the market value of this Property for a sale is 83 less than $1 million. Further, the Assembly finds that the value to the Borough is less than the 84 building value when the lack of a current use and the required maintenance costs are taken into 85 account, and finds that it is in the Borough’s best interests to have a clear determination as to 86 whether the ratification requirement will apply to proposals received for this disposal process. 87 Therefore, the Assembly finds that the ratification requirement in KIBC 18.20.050 should be 88 waived because the Borough’s ability to market the Property to other parties is severely restricted 89 if not precluded entirely; and, 90 91 WHEREAS, KIBC 18.20.100 authorizes disposal of an interest in property for less than fair 92 market value under where the disposal is to another governmental entity or a nonprofit corporation 93 or association. The Assembly finds that the disposal by conveyance to the Village of Larsen Bay 94 as designee by the City of Larsen Bay is within the scope of the intent of that code section. 95 96 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 97 BOROUGH THAT: 98 99 AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 18 of 96 Kodiak Island Borough, Alaska Ordinance No. FY2023-10 Page 3 of 3 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 100 Kodiak Island Borough Code of Ordinances. 101 102 Section 2: That the Borough Manager is authorized to convey the Property to the Village of 103 Larsen Bay by quitclaim deed substantially in the form attached hereto as Appendix 1, subject 104 to the conditions that, should the Borough find it necessary to reestablish a school in Larsen Bay, 105 the Village of Larsen Bay shall either make space available in on the Property to provide for a 106 school or shall provide the Borough with an alternate school site parcel with utility hookups of at 107 least one acre in size in a single parcel for use as a school site. The transfer shall be on terms 108 substantially the same as the terms set out in the Agreement for the Transfer of Real Property 109 with Reservation of Rights attached as Appendix 2 and incorporated herein by reference. The 110 Borough shall also retain a first right of refusal to return of the property in the event the Village of 111 Larsen Bay desires to sell the Property. 112 113 Section 3: That the disposal of the Property authorized by this ordinance shall not be subject 114 to Planning Commission review and recommendation prior to disposal under KIBC 18.20.030. To 115 the extent that code section would apply it is superseded by this ordinance and will not apply to 116 the disposal by lease under this ordinance. 117 118 Section 4: That the disposal of the Property authorized by this ordinance shall not be subject 119 to a requirement for ratification of the ordinance authorizing the disposal under KIBC 18.20.050. 120 To the extent that code section would apply it is superseded by this ordinance and will not apply 121 to the disposal under this ordinance. 122 123 Section 5: This ordinance shall become effective as provided in KIBC 1.10.040. 124 125 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 126 THIS ____ DAY OF NOVEMBER, 2022 127 128 KODIAK ISLAND BOROUGH 129 ATTEST: 130 131 ___________________________ 132 Aimee Williams, Mayor ___________________________ 133 Nova Javier, Borough Clerk 134 VOTES: 135 Ayes: 136 Noes: 137 AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 19 of 96 FIRST RIGHT OF REFUSAL - Page 1 of 2 S\Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works)\School Closures\Larsen Bay School Sale\First Right of Refusal AFTER RECORDING, MAIL TO: Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Attn: Revenue Accountant FOR RECORDATION IN THE KODIAK RECORDING DISTRICT FIRST RIGHT OF REFUSAL THIS FIRST RIGHT OF REFUSAL (FRR), made and executed this _____ day of _____________________, 2022, by and between Native Village of Larsen Bay, whose address is Post Office Box 50, Larsen Bay, Alaska, 99624, hereinafter called Grantor, and Kodiak Island Borough, a second class borough organized under the laws of the State of Alaska, whose address is 710 Mill Bay Road, Kodiak, Alaska 99615-6398, its heirs, successors and assigns, hereinafter called Grantee, WITNESSETH: Grantor, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant and convey unto Grantee a first right of refusal for the purchase of all of the following described real property and improvements situated thereon (herein, FRR Property) located with the City of Larsen Bay, Alaska, to wit: Lot Two (2), Block Eleven (11), Larsen Bay Townsite, U.S. Survey 4872, according to Plat 87-37 filed in the Kodiak Recording District, Third Judicial District, State of Alaska. Grantor covenants and agrees that Grantor shall not offer the FRR Property for sale or solicit or otherwise consider a third-party offer to purchase the FRR Property without Grantee’s written consent. In the event Grantor, its successors or assigns, offers the FRR Property for sale or receives a bona fide offer from a third-party to purchase the FRR Property that Grantor is willing to accept, the offer shall be subject to the first refusal rights of Grantee to purchase the FRR Property for $10, set forth herein and as more particularly set forth in Section 2.c.iii. of that Agreement For Transfer of Real Property With Reservation of Rights (Agreement), executed concurrent with this FRR. Grantee shall be entitled to exercise a first right of refusal as to (1) any offer of sale made by Grantor, and (2) any offer of purchase received by Grantor from a third-party which Grantor is willing to accept. In the event Grantor intends to offer the FRR Property for sale, Grantor shall first give Grantee written notice of the intent to offer the FRR Property for sale, after which notice Grantee shall have ninety (90) days to provide written notice of Grantee’s election to exercise the right to purchase the FRR Property is delivered to Grantor within ninety (90) days from the date of Grantee’s receipt of said written notice from Grantor. AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 20 of 96 FIRST RIGHT OF REFUSAL - Page 2 of 2 S\Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works)\School Closures\Larsen Bay School Sale\First Right of Refusal If Grantee does not exercise the first right of refusal, Grantor shall be entitled to sell the FRR Property to a third-party free and clear of Grantee’s first right of refusal. All notices under this FRR shall be mailed to the parties’ addresses set forth above or to such updated addresses as either party may inform the other in writing. IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name this _____ day of _____________________, 2022. GRANTOR Native Village of Larsen Bay ________________________________________ By: Its: ACKNOWLEDGMENT STATE OF ALASKA )) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _____ day of _____________________, 2022, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared ________________________ to me known to be the ________________________of the Native Village of Larsen Bay, the entity which executed the above and foregoing instrument; who on oath stated that he/she was duly authorized to execute said instrument and affix the corporate seal thereto on behalf of said entity; who acknowledged to me that he/she signed and sealed the same freely and voluntarily on behalf of said entity for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate First above written. ________________________________________NOTARY PUBLIC FOR ALASKA My Commission Expires:_____________________ AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 21 of 96 AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH RESERVATION OF RIGHTS - Page 1 of 8 s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH RESERVATION OF RIGHTS THIS AGREEMENT for the Transfer of Real Property with Reservation of Rights (Agreement), is made and entered into this _____ day of _________________, 2022, by and between the Kodiak Island Borough, Alaska, a second-class Borough, (Borough), 710 Mill Bay Road, Kodiak, Alaska 99615, and, the City of Larsen Bay (City), a second class City, whose address is Post Office Box 8, Larsen Bay, Alaska, 99624; and, Native Village of Larsen Bay (Village), a Recognized Tribe, whose address is Post Office Box 50, Larsen Bay, Alaska, 99624. WHEREAS, The Borough owns Lot Two (2), Block Eleven (11), Larsen Bay Townsite, U.S. Survey 4872, according to Plat 87-37 filed in the Kodiak Recording District, Third Judicial District, State of Alaska, (the Property) which is an approximately 2.26 acre parcel containing the now closed Larsen Bay School; and, WHEREAS, The Borough originally obtained Block 11, of Tract “A” of U.S. Survey 4872 in July 1979 from the Village as part of its obligations under Section 14(c)(3) of the Alaska Native Claims Settlement Act to provide lands for municipal facilities and through an agreement between Koniag, Inc, the City, the Borough and the Village; and, WHEREAS, The conveyance of the land to the Borough was only the surface estate, and was restricted for school purposes. The agreement and the deed further provided for the parcel to revert to the Municipality of Larsen Bay should it cease to be used for school purposes; and, WHEREAS, In 1987, the Borough and the City conducted a land trade and replat of Block 11, Tract “A,” incorporating a vacated right of way and some City property into the school parcel re-platted as Lot 2, Block 11, USS 4872, according to Plat 87-37, and conveying part of Block 11, Tract “A,” which became Lot 1, Block 11, USS 4872, according to Plat 87-37, to the City; and, WHEREAS, The Kodiak Island Borough School District officially closed the Larsen Bay School due to low enrollment, and received confirmation from the State of Alaska of the acceptance of the closure in 2018; and, WHEREAS, The Kodiak Island Borough School District has no anticipated need for the Property in the foreseeable future, leaving the Borough responsible for any maintenance; and, WHEREAS, The reversionary rights in the Property limit the Borough’s ability to use the Property for uses other than school purposes; and, WHEREAS, The Borough has advised the City of the school closure and the City has requested that the property be conveyed directly to the Village rather than to the City for later transfer to the Village; and, WHEREAS, The Borough desires to transfer the Property to the City or its designee, but desires a condition with the transfer on retention of rights to reuse the Property or receive substitute property for school purposes should the Borough be required to reestablish a school in Larsen Bay; and, AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 22 of 96 AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH RESERVATION OF RIGHTS - Page 2 of 8 s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property WHEREAS, The Village desires to receive the Property for use for providing services to the public in Larsen Bay; and, WHEREAS, The Village is willing to accept the Property subject to the conditions identified by the Borough, and to grant the Borough a First Right of Refusal to the Property, and further agrees to provide space within the building for children in Larsen Bay to engage in schoolwork; and, WHEREAS, The Borough Assembly finds that it is in the Borough’s best interests to dispose of its interest in the surface estate in the Property by conveyance to the Village with conditions preserving the Borough’s rights to use property in Larsen Bay for school purposes if required in the future. NOW, THEREFORE, the Borough, City and Village mutually agree as follows: 1.Transfer of Property. The Borough agrees to transfer and convey, and the Village agrees to receive and accept, subject to the terms and conditions herein contained, the real property described as the Property, located at 502 Third Street, Larsen Bay, Alaska 99624, for the total price set forth in Section 2, below. The City agrees to consent to the transfer and assigns its reversionary rights, if any, to the Village. The Property is more particularly described as: Lot Two (2), Block Eleven (11), Larsen Bay Townsite, U.S. Survey 4872, according to Plat 87-37 filed in the Kodiak Recording District, Third Judicial District, State of Alaska. 2.Terms and Conditions of Sale. a. Form of Deed. The conveyance shall be by quitclaim deed substantially in the form attached as Appendix 1. b. Purchase Price and Other Consideration. The consideration for the Property shall be the purchase price to be paid by the Village of $10 and other good and valuable consideration of agreement to the conditions on transfer described herein. c. Conditions on Transfer. i.Student Study Space. The Village shall provide space within the building for children in Larsen Bay to engage in schoolwork. ii.Provision of School Site. Should the Borough find it necessary to reestablish a school in Larsen Bay, upon request by the Borough, the Village shall, within 180 days, either make space available in on the Property to provide for a school or shall provide the Borough with an alternate school site parcel for use for school purposes. The alternate school site parcel must be at least one acre in size in a single lot, and must have utility hookups. Should the Village fail to do either, the title to the Property may, at the Borough’s option, revert to the Borough. iii. First Right of Refusal. The Borough shall be entitled to exercise a first right of refusal (FRR), substantially in the form attached as Appendix 2, to repurchase the Property for $10 in the event that (1) the Village intends to make, or makes, an offer of sale, and (2) any offer of purchase is received by the Village from a third-party which the Village is willing AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 23 of 96 AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH RESERVATION OF RIGHTS - Page 3 of 8 s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property to accept. In the event the Village intends to offer the Property for sale or entertain a third party offer to purchase, the Village shall first give the Borough written notice of the intent to offer the Property for sale, after which notice the Borough shall have ninety (90) days to provide written notice of the Borough’s election to exercise the right to repurchase the Property by delivering to the Village within ninety (90) days from the date of the Borough’s receipt of said written notice from the Village. If the Borough does not exercise the first right of refusal, the Village shall be entitled to sell the Property to a third-party free and clear of the Borough’s first right of refusal. Sale of the Property by the Village will not remove the responsibility to provide an alternate school site under Section 2.c.ii. of this Agreement. 3.Condition of Property. The Village agrees that it has had adequate opportunity to inspect the Property. The Village is accepting the Property “as is” without warranty or representation of the Borough or the City as to the condition of the Property or its suitability for a particular purpose. 4.Possession. The Borough shall deliver possession of the Property to the Village at or before Closing. 5.Notice. Any notice, demand, request, consent, approval, or other communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class, certified or registered mail at the addresses set forth below. Either party may change its address by notifying the other party of its change of address in writing. Notice shall be deemed to have been duly made and given when delivered if served personally, or upon the expiration of twenty- four (24) hours after the time of mailing if mailed as provided in this Section. Borough: Kodiak Island Borough Attn: Borough Manager 710 Mill Bay Road Kodiak, Alaska 99615 City: City Mayor Post Office Box 8 Larsen Bay, Alaska 99624 Village: Native Village of Larsen Bay Post Office Box 50 Larsen Bay, Alaska 99624 6.Time is of the Essence. Time is of the essence of this Agreement. 7.Miscellaneous Provisions. a. Brokers and Finders. Each party represents to the other that no broker or finder has been involved in this transaction. In the event of a claim for broker’s fee, finder’s fee, commission or other similar compensation in connection herewith, the party that incurred such a fee or obligation shall be solely responsible for the payment thereof. b. Terminology. Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 24 of 96 AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH RESERVATION OF RIGHTS - Page 4 of 8 s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property c. Nonwaiver. No delay or omission of the right to exercise any power by either party shall impair any such right or power, or be construed as a waiver of any default or as acquiescent therein. One or more waivers of any covenant, term or condition of this Agreement by either party shall not be construed by the other party as a waiver of subsequent breach of the same covenant, term or condition. The consent or approval by either party to any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. d. Survival. All provisions of this Agreement which involve obligations, duties or rights and all representations, warranties and indemnifications made in or to be made pursuant to this Agreement shall survive the closing and/or the recording of the quitclaim deed and separately enforceable as a contract. e. Laws Applicable. The laws of the State of Alaska shall govern the construction, validity, performance and enforcement of this agreement. Venue as to any action, claim, or proceeding arising out of, or based upon this Agreement, including, but not limited to, any action for declaratory or injunctive relief, shall be the appropriate court sitting in the City of Kodiak, Third Judicial District, Alaska. f. Paragraph Headings. The heading of the several sections and subsections contained herein are for convenience only and do not define, limit or construe the contents of such sections and subsections. g. Successors and Assigns. Except as otherwise provided herein, the covenants, agreements and obligations herein contained shall extend to bind and inure to the benefit not only of the parties hereto but their respective personal representatives, heirs, successors and assigns. h. Terms Constructed as Covenants and Conditions. Every term and each provision of this Agreement performable by the Borough or Village shall be construed to be both a covenant and a condition. i. Limited Waiver of Sovereign Immunity. The Village waives its sovereign immunity only in the context of and to the extent necessary for the enforcement by the Borough of the conditions on transfer set out in Section 2.c. of this Agreement and in the quitclaim deed and FRR. j. Counterparts. This Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. k. Entire Agreement. This Agreement and any schedules, or exhibits attached hereto, set forth all the covenants, promises, agreements, conditions or understandings, either oral or written, and there are no other agreements between them other than as set forth. No contemporaneous or subsequent agreement, understanding, alteration, amendment, change or addition to this Agreement, or any schedule, appendix, exhibit or attachment hereto, shall be binding upon the parties hereto unless reduced to writing and signed by both parties. WHEREFORE, the parties hereto have executed this Agreement on the dates specified below. AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 25 of 96 AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH RESERVATION OF RIGHTS - Page 5 of 8 s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property [SIGNATURE PAGES TO FOLLOW] Borough: Kodiak Island Borough DATE:_______________________ __________________________________ By: _______________________________ Its: Borough Manager APPROVED AS TO FORM: ___________________________ Scott A. Brandt-Erichsen Borough Attorney BOROUGH ACKNOWLEDGMENT STATE OF ALASKA )) ss.THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _______ day of _________________________, 2022, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared ____________________________ to me known to be the Borough Manager of the Kodiak Island Borough, a second-class Borough, the entity which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument and affix the corporate seal thereto on behalf of said entity; who acknowledged to me that he signed and sealed the same freely and voluntarily on behalf of said entity for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. __________________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: ______________ AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 26 of 96 AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH RESERVATION OF RIGHTS - Page 6 of 8 s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property ATTEST: __________________________________Nova JavierBorough Clerk BOROUGH ACKNOWLEDGMENT STATE OF ALASKA )) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _______ day of _________________________, 2022, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared Nova Javier to me known to be the Borough Clerk of the Kodiak Island Borough, a second-class Borough, the entity which executed the above and foregoing instrument; who on oath stated that she was duly authorized to execute said instrument and affix the corporate seal thereto on behalf of said entity; who acknowledged to me that she signed and sealed the same freely and voluntarily on behalf of said entity for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. __________________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: ______________ AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 27 of 96 AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH RESERVATION OF RIGHTS - Page 7 of 8 s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property Native Village of Larsen Bay: DATE:_______________________ __________________________________ By: _______________________________ Its: _______________________________ VILLAGE ACKNOWLEDGMENT STATE OF ALASKA )) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _______ day of _________________________, 2022, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared ________________________ to me known to be the ________________________ of the Native Village of Larsen Bay, the entity which executed the above and foregoing instrument; who on oath stated that he/she was duly authorized to execute said instrument and affix the corporate seal thereto on behalf of said entity; who acknowledged to me that he/she signed and sealed the same freely and voluntarily on behalf of said entity for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. __________________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: ______________ AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 28 of 96 AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH RESERVATION OF RIGHTS - Page 8 of 8 s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property City of Larsen Bay: DATE:_______________________ __________________________________ By: _______________________________ Its: _______________________________ CITY OF LARSEN BAY ACKNOWLEDGMENT STATE OF ALASKA )) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _______ day of _________________________, 2022, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared ________________________ to me known to be the City Mayor of the City Of Larsen Bay, a second-class City, the entity which executed the above and foregoing instrument; who on oath stated that he/she was duly authorized to execute said instrument and affix the corporate seal thereto on behalf of said entity; who acknowledged to me that he/she signed and sealed the same freely and voluntarily on behalf of said entity for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. __________________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: ______________ AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 29 of 96 QUITCLAIM DEED – Page 1 of 3 S:\Kodiak Island Borough (20.236.A) Engineering-Facilities (Public Works)/School Closures/ Larsen Bay School Sale/Quitclaim Deed AFTER RECORDING, MAIL TO: Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Attn: Revenue Accountant FOR RECORDATION IN THE KODIAK RECORDING DISTRICT QUITCLAIM DEED A.S. 34.15.040 The Grantor, Kodiak Island Borough, a second class borough organized under the laws of the State of Alaska, whose address is 710 Mill Bay Road, Kodiak, Alaska 99615-6398, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does convey, release and quitclaim to Grantee, Native Village of Larsen Bay, whose address is Post Office Box 50, Larsen Bay, Alaska, 99624, all of Grantor’s right, title and interest, if any, without warranty, in and to that certain real property located in the State of Alaska and more particularly described as follows: Lot Two (2), Block Eleven (11), Larsen Bay Townsite, U.S. Survey 4872, according to Plat 87-37 filed in the Kodiak Recording District, Third Judicial District, State of Alaska. Title to the property is subject to any and all covenants, restrictions, easements, reservations of record; all easements and encroachments whether or not of record or assessments; and, all zoning ordinances, plat requirements and covenants. PROVIDED, further, that title is subject to the condition and reserved right of Grantor that should the Grantor notify Grantee that Grantor is required to reestablish a school in Larsen Bay, the Grantee shall, within 180 days, either make sufficient space available on the Property to provide for a school or shall convey to the Grantor with an alternate school site parcel for use for school purposes. The AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 30 of 96 QUITCLAIM DEED – Page 2 of 3 S:\Kodiak Island Borough (20.236.A) Engineering-Facilities (Public Works)/School Closures/ Larsen Bay School Sale/Quitclaim Deed alternate school site parcel must be at least one acre in size in a single lot, and must have utility hookups. The condition is discharged if Grantor exercises its First Right of Refusal to repurchase the Property as provided for in the separate First Right of Refusal of even date. If Grantee fails to satisfy this condition and the Grantor’s First Right of Refusal has not been waived or expired, title shall, at Grantor’s option, automatically revert to Grantor. DATED this ______ day of _________________________, 2022. GRANTOR: Kodiak Island Borough __________________________________ By: _______________________________ Its: Borough Manager BOROUGH ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _______ day of _________________________, 2022, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared ____________________________ to me known to be the Borough Manager of the Kodiak Island Borough, a second-class Borough, the entity which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument and affix the corporate seal thereto on behalf of said entity; who acknowledged to me that he signed and sealed the same freely and voluntarily on behalf of said entity for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. __________________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: ______________ AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 31 of 96 QUITCLAIM DEED – Page 3 of 3 S:\Kodiak Island Borough (20.236.A) Engineering-Facilities (Public Works)/School Closures/ Larsen Bay School Sale/Quitclaim Deed ATTEST: By: ________________________________ Nova Javier, Borough Clerk STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ______ day of _________________________, 2022, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Nova Javier to me known to be the Borough Clerk of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. __________________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: ______________ AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 32 of 96 $- $5,000.00 $10,000.00 $15,000.00 $20,000.00 $25,000.00 $30,000.00 $35,000.00 $40,000.00 $45,000.00 FY2019 Heating Fuel FY2019 Electricity & Meter FY2019 Water & Sewer FY2019 Janitorial FY2019 Misc. FY2020 Heating Fuel FY2020 Electricity & Meter FY2020 Water & Sewer FY2020 Janitorial FY2020 Misc. FY2021 Heating Fuel FY2021 Electricity & Meter FY2021 Water & Sewer FY2021 Janitorial FY2021 Misc. FY2022 Heating Fuel FY2022 Electricity & Meter FY2022 Water & Sewer FY2022 Janitorial FY2022 Misc. FY2023 Heating Fuel FY2023 Electricity & Meter FY2023 Water & Sewer FY2023 Janitorial FY2023 Misc. Larsen Bay -Cost Break Down FY2019 -FY2023 (Current) TOTAL COSTS PER FISCAL YEAR FY2023: 17,184.79 FY2022: $67,899.01 FY2021: $75,745.10 FY2020: $70,084.48 FY2019: $21,405.97 Note: Heating Fuel Rates Range: $3.94-$4.64 Electricity two different rates: Uninterruptable ($0.11) and Interruptible ($0.40). AGENDA ITEM #10.A.Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 33 of 96 Kodiak Island Borough ENGINEERING & FACILITIES DEPT. 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9394 Fax (907) 486-9394 Agreement for Use & Operations RE: Larsen Bay School Building Kodiak Island Borough & City of Larsen Bay Page 1 of 5 AGREEMENT FOR THE USE AND OPERATIONS OF LARSEN BAY SCHOOL BETWEEN KODIAK ISLAND BOROUGH AND CITY OF LARSEN BAY This agreement entered into this _____ day of ___________________, 2022, by and between the Kodiak Island Borough, hereinafter referred to as the BOROUGH, and the City of Larsen Bay, hereinafter referred to as the CITY. The Larsen Bay school facility in its entirety, school gyms, multi-purpose rooms, classrooms, storage areas, and grounds hereinafter referred to as the SCHOOL. RECITALS WHEREAS the BOROUGH has under its jurisdiction the operation and management of the Larsen Bay School. Said SCHOOL are physically convenient and capable of being used by the CITY and its programs. Maximum use can be made of said SCHOOL by the joint use there of the BOROUGH and the CITY and it is in the best interests of the parties hereto and the public that such use be made thereof. NOW THEREFORE in consideration of the above premises and the undertaking and covenants of each of the parties as hereinafter set forth, it is agreed by and between the parties as follows: AGREEMENT 1. TERMS: This agreement shall be affective for a term of 12 months commencing on November 1, 2022 and ending October 31, 2023. The agreement may be terminated by either party giving 30 days’ written notice or immediate termination may occur based on violation of terms of this agreement. 2. PROGRAM: BOROUGH and CITY program offerings should be complementary and supportive and not competitive in nature. 3. FACILITIES: The SCHOOL, which is the subject of this agreement include the facility in its entirety, school gym, multi-purpose rooms, classrooms, storage spaces, and grounds. AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 34 of 96 Agreement for Use & Operations RE: Larsen Bay School Building Kodiak Island Borough & City of Larsen Bay Page 2 of 5 4. PRIORITY OF USE OF SCHOOL FACILITIES: Priority of use is relative and reflects the intended primary use of the facilities for K- 12 educational purposes and the secondary use of community service for recreation and leisure-time activities. 5. SUMMARY OF ACTIVITIES: Specific request for use will be made by the CITY to the BOROUGH and will include the following: i. Homeschooling classes: 8:30am – 3:25pm Monday through Friday. ii. High School Students: use gym after home schooling to practice for sports for an hour each day. iii. The Community: on occasion for Community events 1. Potlucks, Thanksgiving, Christmas, etc. iv. On occasion when there are traveling folks that work with the kids for a school program they stay at the school. 6. DENIAL OF FACILITIES: The BOROUGH and CITY reserve the right to deny the use of the SCHOOL to grounds and/or individuals when their behavior may either do physical harm to the facilities or participants, or by their presence, downgrade or offend the moral and ethical standards of the BOROUGH and Community. The BOROUGH Manager or his/her designee is designated to enact this denial on the BOROUGH’S behalf. 7. CITY’S OBLIGATION: The CITY’S responsibility is as follows: i. Provide the following utilities original payments for the building: 1. Heating Fuel 2. Electricity 3. Water/Sewage ii. Provide a custodian/day man and their original wages to do regular cleaning and maintenance for the SCHOOL. 1. The custodian shall be an employee of the CITY. All personnel aspects and the actions of the custodian will be the responsibility of the CITY. 2. Not to exceed 15 hours per week. 3. Designated Custodian/Day Man: SAM KENOYER 4. Duties outlined in Attachment A. iii. Provide the custodian/day man with necessary supplies to perform their duties. 1. Cleaning/Janitorial supplies iv. Schedule all CITY programs and activities. 1. Homeschooling program v. Provide for safe storage and handling of all items used during CITY education or recreation activities. AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 35 of 96 Agreement for Use & Operations RE: Larsen Bay School Building Kodiak Island Borough & City of Larsen Bay Page 3 of 5 vi. Provide adequate numbers of trained, qualified personnel for supervision of all CITY sponsored education or recreation activities and ensure that the CITY education or recreation participants have vacated the premises prior to the conclusion of any activates. 8. BOROUGH OBLIGATION: The BOROUGH will: i. Provide reimbursement for following utilities: 1. Heating Fuel 2. Electricity 3. Water/Sewage 4. Custodian Wages. ($20 per hour, not to exceed 15 hours per week) ii. Provide all building maintenance to ensure individual health and safety in the facility. iii. Handle all major mechanical or building repair work. 9. PROPERTY DAMAGE: The SCHOOL or property thereon damaged or destroyed by reason of negligence or acts of the CITY employees or persons using the SCHOOL under the CITY’S supervision shall be the responsibility of the CITY and reimbursement for replacement or repair shall be made by the CITY to the BOROUGH; however nothing herein contained shall be construed to obligate the CITY to make repairs for damage which is due to ordinary wear and tear. 10. LIABILITY INSURANCE The CITY shall at all times, maintain and keep in effect liability insurance, naming the KODIAK ISLAND BROUGH SCHOOL DISTRICT and the KODIAK ISLAND BOROUGH as additional named insured and agrees to indemnify the BOROUGH and KODIAK ISLAND BOROUGH SCHOOL DISTRICT for any injuries which occur on the SCHOOL premises due to the users’ negligence. Proof of insurance is to be provided to the BOROUGH. The BOROUGH will be given thirty (30) days’ written notice prior to cancellation of liability insurance. 11. ASSIGNMENT: The CITY shall not assign a portion of, or all of, their duties of this agreement to a third party without written notification to, and written permission of the BOROUGH. 12. (EXTRA) AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 36 of 96 Agreement for Use & Operations RE: Larsen Bay School Building Kodiak Island Borough & City of Larsen Bay Page 4 of 5 ACKNOWLEDGE OF AGREEMENT FOR THE KODIAK ISLAND BOROUGH:FOR THE CITY OF LARSEN BAY: ______________________________ David Conrad Title: Acting Kodiak Island Borough Manager Date: _________________________ ______________________________ Bill Nelson Title: Mayor of Larsen Bay Date: _________________________ ATTESTED: ______________________________ Nova M. Javier, Borough Clerk Date: _________________________ ATTESTED: ______________________________ Susan Malutin, City of Larsen Bay Clerk Date: _________________________ AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 37 of 96 Agreement for Use & Operations RE: Larsen Bay School Building Kodiak Island Borough & City of Larsen Bay Page 5 of 5 Attachment A – Custodian/ Day Man’s Duties Custodian Duties Day Man Duties Daily: ❖Sweep gym floor/spot clean any spills etc. ❖Remove all garbage ❖Sweep all vinyl floors ❖Clean whiteboards ❖Vacuum carpets ❖Mop food prep area ❖Wipe down kitchen ❖Mop bathrooms & wipe down ❖Mop lunchroom ❖Check and fill all paper towel and toilet paper ❖Take all garbage to the dump Twice per Week: ❖Mop all vinyl floors ❖Deep clean/sanitize bathrooms or more if needed ❖Clean bleachers/spot clean walls Once per Week: ❖Clean windows inside and out ❖Wipe desks and furniture or more if needed ❖Dust window blinds and sills ❖Buff vinyl floors Once per Month: ❖Clean window blinds with damp cloth Twice per Year: ❖Deep clean rubber gym floor *if you are unsure how to keep the rubber gym floor clean, please contact Glen Clough, Old Harbor School Day Man/Custodian 907- 286-2213. The rubber has bery precise cleaning procedures. ❖Shampoo carpets Once per Year: ❖Shampoo rugs – spot clean if needed ❖Strip and re-wax vinyl floors As Needed: ❖Clean kitchen stoves ❖And anything else that is needed Daily: ❖Inspect building and determine needs for repair for the main building and gym. ❖Manage the up-keep of equipment and supplies to meet health and safety standards. ❖Replace broken items. ❖Pick up freight as needed from airport or Post Office. ❖Put freight away and/or organize. ❖Pick up personnel as needed from the airport. ❖Maintain the furnace room. ❖Replace light bulbs and fixtures as needed. ❖Standard plumbing. AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 38 of 96 INV # INV Date Description Total 28926-31251 11/2/2018 Heating Fuel 1,981.18$ 28926-31300 11/30/2018 Garbage 103.00$ 28926-31301 11/30/2018 Water & Sewer 286.75$ 28926-31310-1 12/3/2018 Electric & Meter Fee 1,737.00$ 28926-31310 12/3/2018 Electic & Meter Fee 848.80$ 28926-31390 1/3/2019 Electric & Meter Fee 3,107.65$ 28926-31426 2/1/2019 Electric & Meter Fee 870.47$ 28926-31453 2/20/2019 Janitorial Services 1,839.40$ 28926-31526 4/1/2019 Electric & Meter Fee 2,882.48$ 28926-31566 5/1/2019 Electric & Meter Fee 2,320.60$ 28926-31585 5/8/2019 Janitorial Services 1,881.62$ 28926-31650 6/3/2019 Electric & Meter Fee 1,971.02$ FY2019 28926-31575 6/3/2019 Heating Fuel 1,576.00$ 28926-31735 7/1/2019 Electric & Meter Fee 1,659.94$ 28926-31751 7/11/2019 Janitorial Services 1,816.40$ 28926-31791 8/1/2019 Electric & Meter Fee 60.87$ 3086 8/6/2019 ScottsHeating - Gas&Boiler Checked with INV 180774 511.71$ 28926-31870 9/3/2019 Electric & Meter Fee 15.44$ 180774 9/19/2019 Travel to Villages 671.00$ 28926-33519 9/24/2019 Janitorial Services 2,531.16$ 28926-33541 10/1/2019 Electric & Meter Fee 16.64$ 154673 10/4/2019 NAPA - Glycol Buckets 13.28$ 607328 10/4/2019 Sutliffs - Glycol Lids 23.96$ 10/17/2019Taylor Fire - Annual Fire Alarm Inspection 1,897.02$ 3139 10/11/2019ScottsHeating - Spare Parts for Heating System 509.39$ 2827247 10/29/2019 SPAN AK - Shipping for Window 158.67$ 28926-33589 11/1/2019 Electric & Meter Fee 227.63$ 11/13/2019 Capitol Glass - Window Replacement 342.39$ 200067 11/30/2019 Glycol (x4) 5 gal Bucket 366.04$ 28926-33651 12/2/2019 Electric & Meter Fee 1,582.39$ 700081 12/3/2019 Air Fare to Ship Glycol, Boiler Parts & Window to Larsen Bay 473.00$ 28926-33671 12/19/2019 Janitorial Services 2,739.50$ 28926-33707 12/31/2019 Water & Sewer 286.75$ 28926-33706 1/2/2020 Electric & Meter Fee 4,868.99$ 28926-33772 1/24/2020 Heating Fuel 1,658.74$ 28926-33778 1/31/2020 Water & Sewer 286.75$ 9433293603 2/4/2020 Grainger - Sump Pump 800.68$ 28926-33771 2/5/2020 Electric & Meter Fee 6,165.04$ 28926-33773 2/13/2020 Heating Fuel 1,926.66$ 28926-33774 2/18/2020 Heating Fuel 1,028.34$ 28926-33783 3/3/2020 Janitorial Services 2,028.45$ Larsen Bay - Combined Costs Breakdown By FY AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 39 of 96 28926-33771 3/3/2020 Electric & Meter Fee 6,165.04$ 28926-33803 3/3/2020 Electric & Meter Fee 2,230.23$ 28926-33804 3/3/2020 Water & Sewer 286.75$ 28926-33809 3/4/2020 Heating Fuel 2,955.00$ 28926-33838 3/28/2020 Heating Fuel 2,675.26$ 28926-33863 4/3/2020 Electric & Meter Fee 2,057.15$ 0403369-IN 4/6/2020 Glycol (x4) 5 gal Bucket 104.99$ 31027 4/17/2020 Taylor Fire - Compressor Mount 2,989.12$ 769857 4/17/2020Air Fare to ship Glycol and Sump Pump Compressor 409.50$ 28926-33899 4/30/2020 Water & Sewer 286.75$ 28926-33920 5/1/2020 Electric & Meter Fee 2,614.59$ 28926-33926 5/10/2020 Heating Fuel 1,788.76$ 28926-33946 5/31/2020 Water & Sewer 286.75$ 28926-33972 6/1/2020 Electric & Meter Fee 4,238.80$ 28926-34042 6/30/2020 Electric & Meter Fee 8,070.66$ 28926-34059 6/30/2020 Janitorial Services 4,107.24$ FY2020 28926-34043 6/30/2020 Water & Sewer 286.75$ 28926-34075 7/31/2020 Water & Sewer 286.75$ 28926-34150 8/4/2020 Electric & Meter Fee 2,047.20$ CM 28926-34090 8/25/2020 Credit on Electric & Meter Fee (2,047.20)$ 28926-34149 8/31/2020 Water & Sewer 286.75$ 28926-34090 9/2/2020 Electric & Meter Fee 2,376.60$ 418413-IN 9/4/2020 Petro - Glycol Buckets 84.77$ 28926-34189 9/30/2020 Water & Sewer 286.75$ 28926-34198 10/1/2020 Electric & Meter Fee 2,479.16$ 28926-34230 10/30/2020 Heating Fuel 2,265.50$ 849722 11/2/2020 Flight for Repairs on Spriklers 1,275.00$ 849737 11/3/2020 Flight for Repairs on Spriklers 1,275.00$ 28926-34249 11/3/2020 Electric & Meter Fee 4,617.63$ 28926-3264 11/18/2020 Heating Fuel 2,880.14$ 20346 11/23/2020 Local Electric - Sprinkler System Repair 1,975.22$ 28926-34287 12/4/2020 Electric & Meter Fee 2,196.22$ 32841 12/17/2020 Taylor Fire - Compressor Work 5,466.15$ 28926-34314 12/19/2020 Heating Fuel 2,036.98$ 32458 1/8/2021 Electric & Meter Fee 1,786.20$ 42433 1/8/2021 Electric & Meter Fee 15.00$ 32483 1/29/2021 Heating Fuel 3,612.98$ 32524 2/10/2021 Electric & Meter Fee 15.55$ 32525 2/10/2021 Electric & Meter Fee 1,786.20$ 32544 2/11/2021 Janitorial Services 8,155.00$ 32532 2/22/2021 Heating Fuel 591.00$ 32537 2/23/2021 Heating Fuel 3,270.20$ 32557 3/3/2021 Heating Fuel 1,040.16$ 32566 3/4/2021 Electric & Meter Fee 45.47$ 32567 3/4/2021 Electric & Meter Fee 6,804.60$ 32833 3/31/2021 Heating Fuel 1,970.00$ 32817 4/2/2021 Heating Fuel 2,281.26$ 32612 4/8/2021 Electric & Meter Fee 15.44$ AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 40 of 96 32613 4/8/2021 Electric & Meter Fee 2,229.00$ 32668 4/18/2021 Heating Fuel 256.10$ 32654 5/10/2021 Electric & Meter Fee 1,901.00$ 32679 5/10/2021 Electric & Meter Fee 16.64$ 32815 5/11/2021 Heating Fuel 4,412.80$ 32700 6/7/2021 Electric & Meter Fee 1,407.93$ 32750 6/28/2021 Heating Fuel 2,758.00$ 32788 6/30/2021 Electric & Meter Fee 15.00$ FY2021 32789 6/30/2021 Electric & Meter Fee 1,570.95$ 32903 8/4/2021 Electric & Meter Fee 15.00$ 32904 8/4/2021 Electric & Meter Fee 3,247.85$ 32962 9/3/2021 Electric & Meter Fee 2,589.72$ 33029 9/20/2021 Heating Fuel 2,698.90$ 33016 10/6/2021 Electric & Meter Fee 317.00$ 574576-IN 10/14/2021 Petro - Glycol Buckets 114.16$ 33074 11/5/2021 Heating Fuel 3,163.82$ 33087 11/5/2021 Heating Fuel 2,344.30$ 33102 11/11/2021 Janitorial Services 10,340.00$ 33115 11/16/2021 Heating Fuel 1,804.52$ 33122 11/17/2021 Electric & Meter Fee 3,258.51$ 33121 11/17/2021 Electric & Meter Fee 15.00$ 33163 11/30/2021 Heating Fuel 2,746.18$ 33206 12/1/2021 Electric & Meter Fee 2,229.00$ 33207 12/1/2021 Electric & Meter Fee 15.00$ 33170 12/1/2021 Water & Sewer 860.25$ 33243 12/19/2021 Heating Fuel 4,055.36$ 33260 1/3/2022 Heating Fuel 1,837.44$ 33284 1/5/2022 Electric & Meter Fee 15.00$ 33284 1/5/2022 Electric & Meter Fee 2,622.60$ 33296 1/5/2022 Water & Sewer 286.75$ 581879-IN 1/10/2022 Petro - Glycol Buckets 114.16$ 33321 1/17/2022 Heating Fuel 2,881.44$ 33342 1/31/2022 Heating Fuel 3,470.72$ 33362 2/2/2022 Electric & Meter Fee 15.00$ 33361 2/2/2022 Electric & Meter Fee 1,884.60$ 33378 2/2/2022 Water & Sewer 286.75$ 33402 2/15/2022 Heating Fuel 2,524.16$ 33407 2/25/2022 Janitorial Services 4,500.00$ 33441 3/7/2022 Electric & Meter Fee 15.00$ 33442 3/7/2022 Electric & Meter Fee 1,835.40$ 33432 3/7/2022 Heating Fuel 3,076.32$ 33455 3/7/2022 Water & Sewer 286.75$ 33520 4/4/2022 Electric & Meter Fee 15.00$ 33519 4/4/2022 Electric & Meter Fee 2,130.60$ 33494 4/1/2022 Water & Sewer 286.75$ 33543 6/17/2022 Heating Fuel 4,299.42$ 33590 6/17/2022 Heating Fuel 1,367.50$ AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 41 of 96 33614 6/30/2022 Electric & Meter Fee 15.00$ 33614 6/30/2022 Electric & Meter Fee 2,607.60$ 33615 6/30/2022 Electric & Meter Fee 15.00$ FY2022 33648 6/30/2022 Electric & Meter Fee 15.00$ 33649 7/22/2022 Electric & Meter Fee 7,084.80$ 33649 7/22/2022 Electric & Meter Fee 15.00$ 33775 8/26/2022 Electric & Meter Fee 2,607.60$ 33775 8/26/2022 Electric & Meter Fee 15.00$ 33775 8/26/2022 Electric & Meter Fee 15.17$ 33775 8/26/2022 Electric & Meter Fee 15.00$ 33778 7/29/2022 Electric & Meter Fee 2,607.60$ 33778 7/29/2022 Electric & Meter Fee 15.00$ 33778 7/29/2022 Electric & Meter Fee 15.17$ 33778 7/29/2022 Electric & Meter Fee 15.00$ 33827 8/26/2022 Electric & Meter Fee 2,607.60$ 33827 8/26/2022 Electric & Meter Fee 15.00$ 33827 8/26/2022 Electric & Meter Fee 15.00$ 33947 10/14/2022 Electric & Meter Fee 4,703.52$ 33947 10/14/2022 Electric & Meter Fee 15.00$ 33947 10/14/2022 Water & Sewer 65.80$ 33947 10/14/2022 Garbage 10.30$ FY2023 33967 CR 10/14/2022 Credit for INV 33775 (2,652.77)$ AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 42 of 96 Fiscal Year Total Cost FY2019 Heating Fuel 3,557.18$ FY2019 Electricity & Meter 13,738.02$ FY2019 Water & Sewer 286.75$ FY2019 Janitorial 3,721.02$ FY2019 Misc. 103.00$ Total 21,405.97$ Fiscal Year Total Cost FY2020 Heating Fuel 12,032.76$ FY2020 Electricity & Meter 39,973.41$ FY2020 Water & Sewer 1,720.50$ FY2020 Janitorial 7,087.06$ FY2020 Misc. 9,270.75$ Total 70,084.48$ Fiscal Year Total Cost FY2021 Heating Fuel 27,375.12$ FY2021 Electricity & Meter 29,278.59$ FY2021 Water & Sewer 860.25$ FY2021 Janitorial 8,155.00$ FY2021 Misc. 10,076.14$ Total 75,745.10$ Fiscal Year Total Cost FY2022 Heating Fuel 30,603.16$ FY2022 Electricity & Meter 20,220.28$ FY2022 Water & Sewer 2,007.25$ FY2022 Janitorial 14,840.00$ FY2022 Misc. 228.32$ Total 67,899.01$ Fiscal Year Total Cost FY2023 Heating Fuel -$ FY2023 Electricity & Meter 17,108.69$ FY2023 Water & Sewer 65.80$ FY2023 Janitorial -$ FY2023 Misc. 10.30$ Total 17,184.79$ FY2019 Heating Fuel 3,557.18$ FY2019 Electricity & Meter 13,738.02$ FY2019 Water & Sewer 286.75$ FY2019 Janitorial 3,721.02$ FY2019 Misc. 103.00$ FY2019 Misc. FY2020 Heating Fuel FY2020 Electricity & Meter FY2020 Water & Sewer FY2020 Janitorial FY2020 Misc. FY2021 Heating Fuel FY2021 Electricity & Meter FY2021 Water & Sewer FY2021 Janitorial FY2021 Misc. FY2022 Heating Fuel FY2022 Electricity & Meter FY2022 Water & Sewer FY2022 Janitorial FY2022 Misc. FY2023 Heating Fuel FY2023 Electricity & Meter FY2023 Water & Sewer FY2023 Janitorial FY2023 Misc. AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 43 of 96 FY2020 Heating Fuel 12,032.76$ FY2020 Electricity & Meter 39,973.41$ FY2020 Water & Sewer 1,720.50$ FY2020 Janitorial 7,087.06$ FY2020 Misc. 9,270.75$ FY2021 Heating Fuel 27,375.12$ FY2021 Electricity & Meter 29,278.59$ FY2021 Water & Sewer 860.25$ FY2021 Janitorial 8,155.00$ FY2021 Misc. 10,076.14$ FY2022 Heating Fuel 36,270.08$ FY2022 Electricity & Meter 22,872.88$ FY2022 Water & Sewer 2,007.25$ FY2022 Janitorial 14,840.00$ FY2022 Misc. 228.32$ FY2023 Heating Fuel -$ FY2023 Electricity & Meter 17,108.69$ FY2023 Water & Sewer 65.80$ FY2023 Janitorial -$ FY2023 Misc. 10.30$ $- FY2019 Heating Fuel FY2019 Electricity & Meter FY2019 Water & Sewer FY2019 Janitorial FY2019 Misc. AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 44 of 96 Larsen Bay -Cost Break Down FY2019 AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 45 of 96 $5,000.00 $10,000.00 $15,000.00 AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 46 of 96 -Cost Break Down FY2019 -FY2022 (Current) TOTAL FY2022: $67,899.01 FY2021: $75,745.10 FY2020: $70,084.48 FY2019: $21,405.97 AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 47 of 96 $20,000.00 $25,000.00 $30,000.00 AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 48 of 96 TOTAL COSTS PER FISCAL YEAR FY2022: $67,899.01 FY2021: $75,745.10 FY2020: $70,084.48 FY2019: $21,405.97 AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 49 of 96 $35,000.00 $40,000.00 $45,000.00 AGENDA ITEM #10.A. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 50 of 96 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2022-22A Amending and Redirecting Funds From The State Of Alaska ARPA Local Government Lost Revenue Relief Program (LGLRRP) To Offset Significant Revenue Loss Due To The Covid-19 Public Health Emergency ORIGINATOR: Dora Cross, Finance Director RECOMMENDATION: Move to approve Resolution No. FY2022-22A. DISCUSSION: The Borough received $1,925,939.01 of ARPA funds through the Local Government Lost Revenue Relief Program (LGLRRP) and has allocated those funds in Resolutions FY2022-22. Due to recent additional guidance from the US Treasury that indicate that not all the previously identified purposes in that resolution are allowed, staff is recommending redirecting the allocation to projects that are clearly allowable. Two projects that have been identified as having COVID-19 mitigation and prevention abilities are the Peterson Elementary School HVAC and Roof project which will provide a ventilation system for the school, and the Landfill Storm Water Infiltration and Collection Improvement project which will provide for better water treatment of storm water and landfill leachate. Funds will be used first on the Peterson Elementary School HVAC and Roof project and then, if there are any remaining funds, they will be used for the Landfill Storm Water Infiltration and Collection Improvement project. ALTERNATIVES: Allocate funds to another approved, US Treasury type project. FISCAL IMPACT: None. OTHER INFORMATION: AGENDA ITEM #14.B.1. Resolution No. FY2022-22A Amending and Redirecting Funds From The State ...Page 51 of 96 Kodiak Island Borough, Alaska Resolution No. FY2022-22A Page 1 of 2 Introduced by: Borough Manager 1 Drafted by: Finance Director 2 Introduced on: 11/17/2022 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2022-22A 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING AND 9 REDIRECTING FUNDS FROM THE STATE OF ALASKA ARPA LOCAL GOVERNMENT LOST 10 REVENUE RELIEF PROGRAM (LGLRRP) TO OFFSET SIGNIFICANT REVENUE LOSS DUE 11 TO THE COVID-19 PUBLIC HEALTH EMERGENCY 12 13 WHEREAS, the Alaska legislature appropriated $50 million from the State’s American Rescue 14 Plan Act (ARPA) COVID State and Local Fiscal Recovery funds toward a local government relief 15 grant program to promote economic recovery and continuity of government services to local 16 governments that experienced revenue loss due to COVID-19, to be administered by the State of 17 Alaska Department of Commerce, Community and Economic Development, Division of 18 Community and Regional Affairs; and 19 20 WHEREAS, the Kodiak Island Borough experienced loss of revenue as a result of the COVID-21 19 public health emergency; and 22 23 WHEREAS, the Kodiak Island Borough accepted an award of $1,925,939.01 and allocated 24 those funds with Resolution No. FY2022-22; and 25 26 WHEREAS, additional US Treasury Guidance and new LGLRRP reporting requirements 27 indicate that not all the previously identified purposes in prior resolutions are allowed, therefor, 28 staff recommends redirecting the prior allocation of $1,925,939.01 to projects that are clearly 29 allowable; and 30 31 WHEREAS, two projects that have been identified as having COVID-19 mitigation and 32 prevention abilities are the Peterson Elementary School HVAC and Roof project which will provide 33 a ventilation system for the school, and the Landfill Storm Water Infiltration and Collection 34 Improvement project which will provide for better water treatment of storm water and leachate. 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 37 BOROUGH that: 38 39 Section 1: The remaining unexpended $1,925,939.01 from the funds allocated by Resolutions 40 FY 2022-22 are hereby re-allocated to the Peterson Elementary School HVAC and 41 Roof project and, if any funds remain, to the Landfill Storm Water Infiltration and 42 Collection Improvement project. 43 44 Section 2: Resolution FY 2022-22, is amended consistent with section 1 of this resolution. 45 AGENDA ITEM #14.B.1. Resolution No. FY2022-22A Amending and Redirecting Funds From The State ...Page 52 of 96 Kodiak Island Borough, Alaska Resolution No. FY2022-22A Page 2 of 2 46 Section 3: The Interim Borough Manager is authorized to execute the expenditures for the 47 items listed above. 48 49 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 50 THIS ______________ DAY OF NOVEMBER, 2022 51 52 KODIAK ISLAND BOROUGH 53 54 ATTEST: 55 ___________________________ 56 Aimee Williams, Mayor ___________________________ 57 Nova Javier, MMC, Borough Clerk 58 59 VOTES: 60 Ayes: 61 Noes: 62 AGENDA ITEM #14.B.1. Resolution No. FY2022-22A Amending and Redirecting Funds From The State ...Page 53 of 96 AGENDA ITEM #14.B.1.Resolution No. FY2022-22A Amending and Redirecting Funds From The State ...Page 54 of 96 AGENDA ITEM #14.B.1.Resolution No. FY2022-22A Amending and Redirecting Funds From The State ...Page 55 of 96 AGENDA ITEM #14.B.1.Resolution No. FY2022-22A Amending and Redirecting Funds From The State ...Page 56 of 96 AGENDA ITEM #14.B.1.Resolution No. FY2022-22A Amending and Redirecting Funds From The State ...Page 57 of 96 AGENDA ITEM #14.B.1.Resolution No. FY2022-22A Amending and Redirecting Funds From The State ...Page 58 of 96 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2023-09A Amending and Redirecting Previously Authorized America Rescue Plan Act (ARPA) - State And Local Fiscal Recovery Funds (SLFRF) For The Benefit Of The Residents Of The Borough ORIGINATOR: Dora Cross, Finance Director RECOMMENDATION: Move to adopt Resolution No. FY2023-09A. DISCUSSION: The Borough received $2,524,709 of ARPA funds through the State and local Fiscal Recovery Funds (SLFRF) and has allocated those funds in Resolutions FY2022-16, FY2022-19 and FY2023-09. Due to recent additional guidance from the US Treasury that indicate that not all the previously identified purposes in those resolutions are allowed, staff is recommending redirecting the remaining unexpended allocation of $2,512,354.50 ($12,354.50 was paid to the Salvation Army Food Bank per Resolution No. FY2022-19) to projects that are clearly allowable. Two projects that have been identified as having COVID-19 mitigation and prevention abilities are the Peterson Elementary School HVAC and Roof project which will provide a ventilation system for the school, and the Landfill Storm Water Infiltration and Collection Improvement project which will provide for better water treatment of storm water and landfill leachate. Funds will be used first on the Peterson Elementary School HVAC and Roof project and then, if there are any remaining funds, they will be used for the Landfill Storm Water Infiltration and Collection Improvement project. ALTERNATIVES: Allocate funds to another approved, US Treasury type project. FISCAL IMPACT: None. OTHER INFORMATION: AGENDA ITEM #14.B.2. Resolution No. FY2023-09A Amending and Redirecting Previously Authorized...Page 59 of 96 Kodiak Island Borough, Alaska Resolution No. FY2023-09A Page 1 of 2 Introduced by: Borough Manager 1 Drafted by: Finance Director 2 Introduced on: 11/17/2022 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2023-09A 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING AND 9 REDIRECTING PREVIOUSLY AUTHORIZED AMERICAN RESCUE PLAN ACT (ARPA) – 10 STATE AND LOCAL FISCAL RECOVERY FUNDS (SLFRF) FOR THE BENEFIT OF THE 11 RESIDENTS OF THE BOROUGH. 12 13 WHEREAS, the Kodiak Island Borough has been deemed eligible by the US Department of the 14 Treasury for American Rescue Plan Act – State and Local Fiscal Recovery Funds in the amount 15 of $2,524,709.00 to be paid in two tranches; and 16 17 WHEREAS, the Kodiak Island Borough accepted and allocated these funds with Resolution No. 18 FY2022-16, Resolution No. FY2022-19, and Resolution No. FY2023-09; and 19 20 WHEREAS, the Resolution No. FY2022-19 payment directive of $12,354.50 was to the 21 Salvation Army Food Bank leaving $2,512,354.50 unexpended; and 22 23 WHEREAS, additional US Treasury Guidance indicate that not all the previously identified 24 purposes in prior resolutions are allowed, therefor, staff recommends redirecting the remaining 25 unexpended allocation of $2,512,354.50 to projects that are clearly allowable; and 26 27 WHEREAS, two projects that have been identified as having COVID-19 mitigation and 28 prevention abilities are the Peterson Elementary School HVAC and Roof project which will provide 29 a ventilation system for the school, and the Landfill Storm Water Infiltration and Collection 30 Improvement project which will provide for better water treatment of storm water and landfill 31 leachate. 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 34 BOROUGH that: 35 36 Section 1: The remaining unexpended $2,512,354.50 from the funds allocated by Resolution 37 No. FY2022-16 and Resolution No. FY2023-09 are hereby re-allocated to the 38 Peterson Elementary School HVAC and Roof project and, if any funds remain, to the 39 Landfill Storm Water Infiltration and Collection Improvement project. 40 41 Section 2: Resolution No. FY2022-16 and Resolution No. FY 2023-09 are amended consistent 42 with section 1 of this resolution. 43 44 AGENDA ITEM #14.B.2. Resolution No. FY2023-09A Amending and Redirecting Previously Authorized...Page 60 of 96 Kodiak Island Borough, Alaska Resolution No. FY2023-09A Page 2 of 2 Section 3: The Interim Borough Manager is authorized to execute the expenditures for the items 45 listed above. 46 47 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 48 THIS ________________ DAY OF NOVEMBER, 2022 49 50 KODIAK ISLAND BOROUGH 51 ATTEST: 52 ___________________________ 53 Aimee Williams, Mayor _____________________________ 54 Nova M. Javier, MMC, Borough Clerk 55 VOTES: 56 Ayes: 57 Noes: 58 Absent: 59 AGENDA ITEM #14.B.2. Resolution No. FY2023-09A Amending and Redirecting Previously Authorized...Page 61 of 96 AGENDA ITEM #14.B.2.Resolution No. FY2023-09A Amending and Redirecting Previously Authorized...Page 62 of 96 AGENDA ITEM #14.B.2.Resolution No. FY2023-09A Amending and Redirecting Previously Authorized...Page 63 of 96 AGENDA ITEM #14.B.2.Resolution No. FY2023-09A Amending and Redirecting Previously Authorized...Page 64 of 96 AGENDA ITEM #14.B.2.Resolution No. FY2023-09A Amending and Redirecting Previously Authorized...Page 65 of 96 AGENDA ITEM #14.B.2.Resolution No. FY2023-09A Amending and Redirecting Previously Authorized...Page 66 of 96 AGENDA ITEM #14.B.2.Resolution No. FY2023-09A Amending and Redirecting Previously Authorized...Page 67 of 96 AGENDA ITEM #14.B.2.Resolution No. FY2023-09A Amending and Redirecting Previously Authorized...Page 68 of 96 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2023-15 Adopting A State Legislative Capital Improvement Projects Priority List For The 2023 Legislative Session ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support RECOMMENDATION: Move to adopt Resolution No. FY2023-15. DISCUSSION: This is the annual priority list submitted to the Alaska State Governor and Legislature for consideration of capital funding to the KIB. The Planning and Zoning Commission has recently approved its annual update of the Capital Improvement Program (CIP). Upon review of the Planning and Zoning Commission's CIP list and last year's Capital Improvement Priority List submitted to the State Legislature, and additional project considerations brought forth to the Manager's office, the Assembly will discuss and decide upon priorities for this year's list to submit to the Governor and State Legislators for possible funding from the State of Alaska. ALTERNATIVES: Take no action. FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.B.3. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvemen...Page 69 of 96 Kodiak Island Borough, Alaska Resolution No. FY2023-15 Page 1 of 6 1 Introduced by: Interim Borough Manager thru the Mayor 2 Drafted by: Special Projects Support 3 Introduced on: 11/17/2022 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2023-15 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A 10 STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 11 2023 LEGISLATIVE SESSION 12 13 WHEREAS the Kodiak Island Borough represents approximately 13,000 residents of the Kodiak 14 Island Archipelago living in six incorporated cities and one community governed by a tribal 15 council government; and 16 17 WHEREAS a Borough–wide capital improvement program has been adopted by the Kodiak 18 Island Borough Planning & Zoning Commission which identifies major needs of the island 19 community for the next five years; and 20 21 WHEREAS the Kodiak Island Borough Assembly has reviewed the borough-wide capital 22 improvement program adopted by the Planning & Zoning Commission and identified major 23 projects to submit to the Alaska Governor and State Legislative Delegation for funding 24 consideration. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that: 28 29 Section 1:The Kodiak Island Borough’s State Legislative capital improvement project 30 priorities for the 2023 legislative session are as follows: 31 32 Peterson Elementary School Roof Replacement and Repairs 33 Estimated Project Cost $3,500,000 34 Local Funding $840,000 35 Needed Funds $2,660,000 36 37 Peterson School was built in the early 1950’s and expanded in early 2000’s. This school 38 has served the families of the military base (Navy and then Coast Guard) and Kodiak’s 39 Bells Flats neighborhood residents. 40 41 The roof on the school is an EPDM/IRMA Ballasted and Protected Membrane Roof 42 System that is approximately 25 years old. The roof has been leaking causing rot and 43 degradation of support elements. Specifically, the parapet walls, rooftop HVAC units, 44 and associated ducting. Repairs have been difficult to accomplish due to the type of the 45 roof system in place. 46 47 Asbestos removal for the rain leader drains are also concerns and add cost for 48 hazardous materials handling. This project is a priority item on the Borough’s school 49 facility repair and replacement list and has been submitted to Department of Education 50 and Early Development (DEED) for consideration under the department’s major 51 maintenance program but is unlikely to get funding in next few years given competing AGENDA ITEM #14.B.3. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvemen...Page 70 of 96 Kodiak Island Borough, Alaska Resolution No. FY2023-15 Page 2 of 6 52 projects already on the list and the minimal amount of annual funding provided. 53 54 East Elementary School Roof Evaluation and Design 55 Estimated Project Cost $100,000 56 Needed Funds $100,000 57 The metal roof on the west section East Elementary School has reached degradation 58 and requires replacement. A full evaluation of the roof structure and design of a 59 replacement is necessary. 60 61 Safe Pathways to North Star Elementary School 62 Estimated Project Cost $2,000,000 63 Needed Funds $2,000,000 64 65 North Star Elementary School is located on a hill amongst several residential 66 neighborhoods. Many roads connecting the neighborhoods around the school are 67 narrow, steep, and winding dirt roads without sidewalks or separated pathways to keep 68 pedestrians safe from vehicular traffic. The Kodiak Safe Routes to Schools Plan (2013) 69 describes a need for separated pathways or trails to connect the residential 70 neighborhoods to the school. This project would provide separated soft surface 71 pedestrian pathways along Lily Drive and Anton Way. 72 73 Port Lions Water and Sewer Distribution Project 74 Estimated Project Cost $8,000,000 75 Needed Funds $8,000,000 76 77 The current water/sewer distribution infrastructure in Port Lions was built in 1994. A life 78 span of twenty-five (25) years is considered normal for coastal Alaska. In addition to 79 being aged out, the system was not installed correctly during the 1994 project and has 80 been a drain on City resources for repair and maintenance from the beginning. The 81 annual water and sewer department budget is often exceeded due to unexpected 82 emergency projects that are connected to the failing system. 83 84 The City of Port Lions has requested the Alaska Native Tribal Health Consortium put a 85 replacement project in their funding pipeline, however recent communication with 86 ANTHC, indicates that projects for Old Harbor and Ouzinkie are ahead of Port Lions and 87 that it could be a number of years before the Port Lions water and sewer distribution 88 system can be replaced. 89 90 Drainage Improvements for Chiniak Highway and Sargent Creek Intersection 91 Estimated Project Cost $2,500,000 92 Needed Funds $2,500,000 93 94 This request is to provide funding to the DOT&PF Southcoast Region, Kodiak Island 95 District for the construction of improvements near the intersection of the Chiniak 96 Highway and Sargent Creek Road. These improvements will address flooding at the 97 intersection that sometimes makes it impassable. 98 99 Heavy rain events occurring in conjunction with high tide cause the intersection to flood 100 the only roadway in and out of Bells Flats subdivision. This flooding impedes safe travel AGENDA ITEM #14.B.3. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvemen...Page 71 of 96 Kodiak Island Borough, Alaska Resolution No. FY2023-15 Page 3 of 6 101 and often leaves motorists stranded and unable to reach their homes in the subdivision 102 or conversely, critical services located in town. 103 104 The Kodiak Island Borough recently sponsored and was awarded a Bridge Investment 105 Program grant for the Kodiak Sargent Creek and Russian River Bridges Planning Study. 106 These bridges are located on either side of the intersection of the Chiniak Highway and 107 Sargent Creek Road. The timing is optimal for coordinating the planning study with 108 design work necessary for construction improvements to ensure that ongoing flooding 109 issues at this intersection are mitigated. 110 111 Ouzinkie Electrical Distribution System 112 Estimated Project Cost $2,500,000 113 Needed Funds $2,500,000 114 115 Age and exposure to salt-water atmosphere have revealed that all the transformers on 116 Ouzinkie’s electric distribution system have rusted out. When the lids rust thru, water gets 117 into the transformer causing extreme loads, short circuits, and the potential, (due to 118 buildup of gas pressure), of explosion with consequences to individuals and property in the 119 vicinity. It is expected that this preventive renovation will reveal other situations such as 120 individual poles that need replacement and rerouting of transmission lines. A highly critical 121 and significant section of Ouzinkie’s power is connected to the hydroelectric plant. This 122 connection is by direct burial concentric neutral 7,200-volt power lines. This quality of 123 cable as it was installed has been estimated by Kodiak Electric Association’s Electrical 124 Engineer to have exceeded its normal expected life and is subject to failure any day. The 125 western section of town is serviced by the same type of cable and there is no possibility of 126 delivering power to these residents, temporary or otherwise when this failure occurs. 127 It is requested that this project be engineered and managed by the Alaska Energy 128 Authority. 129 130 Sargent Creek Community Playground & Basketball Court 131 Estimated Project Cost $150,000 132 Local Funding $2,000 133 Needed Funds $148,000 134 135 The goal of this project is to provide modern playground equipment that meets current 136 standards to replace old equipment at a community playground. 137 138 The small playground located at 538 Sargent Creek Road by the Women’s Bay Fire 139 Department was installed more than 30 years ago and needs to be updated. The 140 Sargent Creek Playground experiences a significant level of use by families in the 141 neighborhood, as it is the only park/playground on the Sargent Creek side of Womens 142 Bay. There are currently just 4 pieces of equipment, 3 of which are rusted and in need 143 of removal and replacement. There is also an existing basketball court, but it lacks 144 pavement and sits on a grassy patch of ground. Significant ground/site prep work, 145 including pouring cement, would be required to bring the basketball court to a functional 146 level. 147 148 A similar playground project took place at the Panamaroff Park in 2014. Cost estimates 149 are from that project. The Womens Bay Community Coalition is committed to seeking AGENDA ITEM #14.B.3. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvemen...Page 72 of 96 Kodiak Island Borough, Alaska Resolution No. FY2023-15 Page 4 of 6 150 funding from a variety of sources and are willing to provide volunteer labor as 151 needed. Kodiak Island Borough owns the land where the park is located. 152 153 Service Area Road Improvements and Paving 154 Estimated Project Cost $10,000,000 155 Local Funds $1,000,000 156 Needed Funds $9,000,000 157 158 This project addresses the on-going need to improve portions of Borough Service Area 159 roads. There are approximately 26 miles of road among four Road Service Areas that 160 connect residential neighborhoods with the greater Kodiak community. 161 162 Paving projects will address main thoroughfares or busy neighborhood roads. 163 Improvements to major drainage courses, installation of guard rails, and other identified 164 road improvement needs may also be addressed with this funding. 165 166 The two larger local road services areas, Road Service Area No. 1, serving an area 167 north of the City of Kodiak, and Women’s Bay Service Area will share the funding 168 amongst priorities that have been determined by the road service area boards. Local 169 contributions to road improvements may be funded through local improvement districts 170 where those in the district are taxed a proportion of the project cost. 171 172 Port Lions State Route Improvement Project 173 Estimated Project Cost $1,200,000 174 Needed Funds $1,200,000 175 176 An evaluation and planning are needed to address the lack of maintenance on this state- 177 owned roadway that runs through the community of Port Lions in the Kodiak Island 178 Borough. 179 180 The residents of Port Lions are currently driving on what is left of the original surface 181 gravel for the approximately five (5) miles of State Route in our community. The State 182 Route runs from the Airstrip through the Port Lions Subdivision, around Settlers’ Cove, 183 through the Wakefield Subdivision, to the Ferry Dock. It is the only means of access to 184 air and ferry travel for the residents. It is also the access route for families residing in the 185 Wakefield Subdivision to get to the School, Post Office, both Churches, and Small Boat 186 Harbor. There are approximately two and a half (2.5) additional miles of roadway in Port 187 Lions which are residential streets and drives. 188 189 A project to resurface the State Route was on the AK DOT STIP in 2003-2004, but it 190 suddenly disappeared from the STIP, and none of our efforts to have it placed back on 191 the STIP have not been successful. The condition of the State Route in 2003 was not 192 good, and it has steadily deteriorated since. There is simply no surface D-1 left. Dust in 193 the summer, mud in the fall/winter, and potholes year-round are chronic problems 194 affecting the health of the residents in the community (especially those with COPD, 195 asthma, and other lung conditions) and beating up vehicles (flat tires are very common, 196 door hinges and shock absorbers fail frequently). 197 198 The Native Village of Port Lions and the City of Port Lions share road maintenance 199 efforts in the village, but neither entity has sufficient resources to address the current 200 condition of the State Route, including the production of enough D-1 gravel to AGENDA ITEM #14.B.3. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvemen...Page 73 of 96 Kodiak Island Borough, Alaska Resolution No. FY2023-15 Page 5 of 6 201 accomplish resurfacing of this route. 202 203 Kodiak Community Health Center Expansion Design 204 Estimated Project Cost $25,850,000 205 Funding acquired $8,317,901 206 207 Estimated Design Cost $1,200,000 208 Needed Funds $1,200,000 209 210 The Kodiak Community Health Center (KCHC) is currently housed within the Kodiak Island 211 Borough owned hospital facility and co-located with Providence Kodiak Island Medical Center. 212 KCHC is in need of increasing their clinic space and is planning an expansion project. Due to 213 various changes in the community in the past five years, patient and provider counts have 214 increased and pushed this organization to the maximum of their space limitations. Additionally, 215 an increase in patient population is expected to coincide with a local US Coast Guard base 216 increase in employees and their families in the next few years. 217 218 With appropriate funding KCHC proposes to expand and improve the clinic space and continue 219 to provide needed services in the Kodiak community. KCHC has acquired funding in the 220 amount of $8.3 million toward this project, however design activities are not eligible within this 221 funding. KCHC is seeking design funds in order to move forward with the project and will 222 continue to fund raise for the balance needed. 223 224 Chiniak Highway Paving 225 Estimated Project Cost $42,000,000 226 Needed Funds $42,000,000 227 228 The residents of Chiniak are requesting funding for paving the Chiniak Highway from 229 mile marker 30 to mile marker 42. The road, owned by the state, requires grading, 230 drainage work, paving and construction of pedestrian facilities. Currently the road is 231 gravel which poses increased icy conditions in the winter and is dusty at all times of the 232 year when dry. The gravel road requires continual maintenance. The residents believe 233 that maintenance will be reduced, and public health and safety will increase with the 234 paving of the road. It is requested that this project be added to the Statewide 235 Transportation Improvement Program (STIP) and the Federal-Aid Highway 236 Program. 237 238 Anton Larsen Bay Road Extension to Ice Free Water 239 Estimated Project Cost $10,450,000 240 Funding Acquired $450,000 241 Needed Funds $10,000,000 242 243 An extension of the Anton Larsen Bay Road will be a public road of approximately 2.2 244 miles to ice free waters just outside Anton Larsen Bay. The project will include a boat 245 launching ramp. The road will provide year around road access to Kodiak for residents 246 of Port Lions, Ouzinkie and much of the west side of Kodiak Island and all of Afognak 247 Island without having to travel around Spruce Cape. 248 249 Year-round travel by vessel to Kodiak around Spruce Cape is treacherous. Extending 250 the Anton Larsen Bay Road makes winter traveling safer and provides access to critical AGENDA ITEM #14.B.3. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvemen...Page 74 of 96 Kodiak Island Borough, Alaska Resolution No. FY2023-15 Page 6 of 6 251 services located in the City of Kodiak – including hospitals and businesses. The road 252 extension will support existing commercial operations in Marmot Bay such as Kodiak 253 Electrical Association hydro-electric plant, Koniag Inc. rock quarry, and Kodiak Regional 254 Aquaculture Association’s Kitoi hatchery. Moreover, an extended road will enhance 255 summer and winter recreational opportunities and activities for all Kodiak residents. 256 257 The Anton Larsen Bay Road extension is envisioned as a project undertaken by the 258 Native Village of Ouzinkie or the Spruce Island Develop Corporation. It will be built on a 259 road right-of-way donated by the Ouzinkie Native Corporation and Koniag, Inc. The road 260 extension is also in the Sun’aq Tribe of Kodiak’s road inventory. Maintenance of the 261 extension is expected to be by one or both tribal entities. The route is identified in the 262 Kodiak Transportation Plan as in important upland facility. Routing is complete and most 263 of the design work is finished. An environmental assessment was completed in 2020. It 264 is requested that this project be included in State of Alaska’s State Transportation 265 Improvement Program (STIP). Funding will be from State and/or Federal funds with 266 Ouzinkie Native Corporation and Tribe providing the right-of-way and in-kind services. 267 268 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our 269 State of Alaska Governor and Legislative Delegation of the Capital Improvement 270 Projects Priority List adopted by the Kodiak Island Borough Assembly. 271 272 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 273 THIS __ DAY OF NOVEMBER 2022. 274 275 KODIAK ISLAND BOROUGH 276 277 278 ATTEST: 279 ___________________________ 280 Aimee Williams, Mayor 281 282 ___________________________ 283 Nova Javier, MMC, Borough Clerk 284 285 VOTES: 286 Ayes: 287 Noes: AGENDA ITEM #14.B.3. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvemen...Page 75 of 96 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2023-03A A Resolution Of The Assembly Of The Kodiak Island Borough Amending The Kodiak Island Borough Records Retention Schedule And Central Filing System To Reflect Amendments To The Borough Clerk Records Series And Election Series ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: Move to adopt Resolution No. FY2023-03A. DISCUSSION: The Borough Clerk’s office previously revised the retention schedule in the Clerk’s Office category. There were a few series that were inadvertently missed during that revision and the Clerk's Office are now requesting inclusion of those changes (Exhibit A). Also presented in this resolution are the Assembly changes to the Elections series (Exhibit B). Our goal is to continue working on comprehensive updates to the retention schedule by reflecting the current practice in the office. These changes were reviewed by the Borough Attorney. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.B.4. Resolution No. FY2023-03A A Resolution Of The Assembly Of The Kodiak Isl...Page 76 of 96 Kodiak Island Borough, Alaska Resolution No. FY2023-03A Page 1 of 1 Introduced by: Mayor and Assembly 1 Drafted by: Borough Deputy Clerk 2 Introduced on: 3 Adopted on: 4 KODIAK ISLAND BOROUGH 5 RESOLUTION NO. FY2023-03A 6 7 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE 8 KODIAK ISLAND BOROUGH RECORDS RETENTION SCHEDULE AND CENTRAL FILING 9 SYSTEM TO REFLECT AMENDMENTS TO THE BOROUGH CLERK RECORDS SERIES AND 10 ELECTION SERIES 11 12 WHEREAS, Kodiak Island Borough Code 2.40.120 provides for a records management 13 program creation and administration and approval of the records retention schedule by resolution; 14 and 15 16 WHEREAS, staff determined the need to make additional revisions to the current retention 17 schedule to comply with and consider recent and existing laws and regulations, reflect industry 18 best practices, update cross referenced Borough Code sections, and to meet the present needs 19 of the Borough Clerks office; and 20 21 WHEREAS, the revisions to the current retention schedule for Borough records set out in this 22 resolution is limited to those in the Clerk’s Office category, and the remaining categories of records 23 will keep the same retention schedule previously approved until changed by a future resolution; 24 and 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that the Borough Assembly adopts amendments to Exhibit "A" which reflects 28 additional revisions to the Borough Clerk records series. 29 30 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK 31 ISLAND BOROUGH that the Borough Assembly adopts Exhibit "B" which reflects revisions to the 32 Election records series. 33 34 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 35 THIS _______DAY OF _______, 2022 36 37 KODIAK ISLAND BOROUGH 38 39 ATTEST: 40 ___________________________ 41 Aimee Williams, Mayor ______________________________ 42 Nova M. Javier, Borough Clerk 43 44 VOTES: 45 Ayes: 46 Noes: 47 AGENDA ITEM #14.B.4. Resolution No. FY2023-03A A Resolution Of The Assembly Of The Kodiak Isl...Page 77 of 96 EXHIBIT A 1 BOROUGH CLERK - CL SERIES RECORD SERIES TITLE & DESCRIPTION RETENTION FORMAT DISPOSITION & REMARKS CL-01 BOROUGH CLERK’S OFFICE- GENERAL CORRESPONDENCE Mayor, Assembly, and Clerk’s office incoming and outgoing correspondence of a general nature. ONSITE: 3 YEARS TOTAL: 3 YEARS ELECTRONIC Delete FY folders located in CL-01 after 3 years. Review at the beginning of each fiscal year for disposal. CL-02 GENERAL APPEALS Records related to appeals submitted to the Borough Assembly on issues other than land use concerns and permits, i.e., Building Code Board of Appeals to the Assembly. ONSITE: 1 MONTH TOTAL: 1 MONTH PAPER Retention period starts after findings of fact are adopted. Print paper copies of agenda item and transfer file to Com/Dev. for permanent retention after 1 month. CL-03 LAND USE APPEALS Appeals from approvals, denials, or conditions of land use permits i.e., variances, use permits, zoning issues, subdivisions, etc., i.e., Appeals to the Assembly/Board of Adjustment. ONSITE: 1 MONTH TOTAL: 1 MONTH PAPER Retention period starts after findings of fact are adopted. Print paper copies of agenda item and transfer file to Com/Dev. for permanent retention after 1 month. CL-04 BOROUGH ASSEMBLY MEETING MINUTES Regular and special meeting minutes held by the Assembly. ONSITE: PERMANENT TOTAL: PERMANENT ELECTRONIC PAPER Laserfiche Vital Records Historical originals are available in binders in fire safe cabinets. CL-05 ASSEMBLY MEETING PACKETS Regular meeting, special meeting, work session, and joint work session packets containing backup correspondence and reports distributed to assembly members at assembly meetings. Includes agendas, roll call sheets, sign-in sheets, public hearing documentation, guidelines, and newsletter. TOTAL: PERMANENT ELECTRONIC Extract packet from Icompass and retain permanently in appropriate LF/Agenda Packet folder CL-06 ASSEMBLY MEETING AUDIO AND VIDEO RECORDINGS Audio and video recordings of Assembly meetings used to prepare written minutes only. The minutes will serve as the official record for meetings. ONSITE: 5 YEARS CENTER: 0 TOTAL: 5 YEARS ELECTRONIC Retain until audio/video format is rendered obsolete or until there is no longer a software to support the audio or video file. CL-07 BOARD OF EQUALIZATION APPEALS Board of Equalization appeal packets, dockets, other appeal hearing materials, and determinations. ONSITE: 1 MONTH TOTAL: 1 MONTH ELECTRONIC PAPER After one (1) month of certification of BOE actions, transfer paper files to Assessing for permanent retention. AGENDA ITEM #14.B.4.Resolution No. FY2023-03A A Resolution Of The Assembly Of The Kodiak Isl...Page 78 of 96 EXHIBIT A 2 CL-08 BOARDS, COMMITTEES, AND COMMISSIONS ROSTERS Rosters of boards, committees, and commissions (including Ad- Hoc) members’ contact information, updated per appointment, and kept in the black binders in Deputy Clerk’s office. ONSITE: PERMANENT TOTAL: PERMANENT PAPER Historical After each update, print, and file in corresponding black binder located in Deputy Clerk’s office for permanent retention. CL-09 CONTRACTS Records related to obligations under contracts, leases, and other agreements between the Borough and outside parties, successful bids, and proposals. Each department maintains the file while the contract is active. At the end of the contract term, retain for another 15 years in Laserfiche. ONSITE: ACTIVE CENTER: 0 TOTAL: END OF CONTRACT +4 YEARS FOR PROCUREMENTS. + 11 YEARS IF IT INVOLVES REAL PROPERTY. PAPER ELECTRONIC Originals remain with corresponding department while active. Scan into Laserfiche Vital record Retention begins after contract completion date +4 years for procurements and + 11 years if it involves real property. CL-10 ORDINANCES Ordinances adopted/amended/failed by the Borough Assembly. SEE CL\Utility-Indexes folder for permanent tracking of Assembly ordinances. ONSITE: PERMANENT TOTAL: PERMANENT ELECTRONIC PAPER Laserfiche Vital Records Historical originals are available in binders in fire safe cabinets. CL-11 RESOLUTIONS Resolutions adopted/amended/failed by the Borough Assembly. SEE CL\Utility-Indexes folder for permanent tracking of Assembly resolutions. ONSITE: PERMANENT TOTAL: PERMANENT ELECTRONIC PAPER Laserfiche Vital Records Historical originals are available in binders in fire safe cabinets. CL-12 OATHS OF OFFICE Oaths of office for elected and appointed municipal officials. ONSITE: 3 YEARS TOTAL: 3 YEARS FROM END OF THE TERM OF OFFICE. PAPER After document has been signed per appointment, Print and file in red corresponding binders located in Deputy Clerk’s office. Review at the beginning of each calendar year for disposal. CL-13 BOROUGH CODE Code, replaced pages, and supplements. ONSITE: 0 TOTAL: PERMANENT ELECTRONIC Laserfiche Vital Record CL-14 PUBLICATIONS AND ADVERTISING Publications of meetings, public hearings, and other related Assembly business advertised in the “Borough News Page” and local newspaper. May contain copies of affidavits of publications, electronic flyers, radio psa documents, and social media posts. TOTAL: 10 YEARS ELECTRONIC Delete FY folders after 10 years in CL- 14 and Utility-social media. Review at the beginning of each fiscal year for disposal. AGENDA ITEM #14.B.4.Resolution No. FY2023-03A A Resolution Of The Assembly Of The Kodiak Isl...Page 79 of 96 EXHIBIT A 3 CL-15 LEGAL OPINIONS Official interpretations or legal opinions from Borough Attorney. SEE CL\Utility-Indexes-Legal Opinions. Each department maintains their own files permanently. TOTAL: PERMANENT ELECTRONIC Legal requests and final attorney responses must be retained in Laserfiche. (I.E. pdf version of email correspondence, memos, or other legal interpretations and opinion) Log of Legal opinions must be permanently retained in CL\Utility-Indexes-Legal Opinions. CL-16 STATE LICENSES, LIQUOR AND MARIJUANA Liquor license and marijuana applications and back-up information. This series documents the processing of liquor and marijuana licenses in cooperation with the Alcohol and Marijuana Control Office. Note: The documentation for borough licensing of marijuana businesses are filed in the Finance Department. TOTAL: 1 YEAR ELECTRONIC Keep each liquor or marijuana new/renewal/transfer license applications as well as correspondence in CL-16 folder and delete after 1 year of protest/non-protest email has been sent to AMCO. CL-17 PLAT/STATE RECORDER INFORMATION LOG Plat log details, property owner, plat location, date filed, and plat no. assigned by State Recorder’s office. Also includes miscellaneous documentation recorded by the State. SEE CL\Utility-Indexes folder for permanent tracking of Assembly actions TOTAL: PERMANENT ELECTRONIC Retain supporting documentation in CL-17. Delete electronic back-up documentation after one (1) year. Plat index needs to be kept permanently. CL-18 BOROUGH RECORDS DISPOSAL REPORTS Reports to the Borough Assembly detailing a description of all records that are scheduled to be disposed of and obsolete records disposed of during the preceding year. TOTAL: PERMANENT ELECTRONIC Once report is complete, add to corresponding agenda packet folder and save in Laserfiche permanently. CL-19 BOARDS, COMMITTEES, AND COMMISSIONS MINUTES (Including AD-HOC) Regular and special meeting minutes held by boards, commissions, and committees of the Borough. Includes all service area boards. TOTAL: PERMANENT ELECTRONIC Laserfiche Each department is responsible for providing printed and signed copies to Clerk’s office for permanent retention in white binders located in Deputy Clerk’s office. CL-20 BOARDS, COMMITTEES, AND COMMISSIONS AUDIO (Including AD-HOC) Audio recordings of regular and special meetings held by boards, commissions, and committees of the Borough. ONSITE: 5 YEARS CENTER: 0 TOTAL: 5 YEARS ELECTRONIC Each department will retain until audio/video format is rendered obsolete or until there is no longer a software to support the audio or video file. AGENDA ITEM #14.B.4.Resolution No. FY2023-03A A Resolution Of The Assembly Of The Kodiak Isl...Page 80 of 96 EXHIBIT A 4 CL-21 INCORPORATION FILES Documents incorporation file sets not found elsewhere on this schedule. May include information related to investigations, decisions, municipal logo, and official municipal seal. TOTAL: PERMANENT ELECTRONIC Laserfiche AGENDA ITEM #14.B.4.Resolution No. FY2023-03A A Resolution Of The Assembly Of The Kodiak Isl...Page 81 of 96 EXHIBIT B 1 ELECTIONS - EL SERIES RECORD SERIES TITLE & DESCRIPTION RETENTION FORMAT DISPOSITION & REMARKS EL-01 ELECTIONS - PERMANENT Report of Canvass Board Election Pamphlets DOJ Section 203, Voting Rights Act CENTER: PERMANENT PAPER & ELECTRONIC Paper format in Records Room Scan in Laserfiche ONSITE: DOJ Paper files EL-02 ELECTIONS – VOTED BALLOTS Completed, challenged, rejected ballots Absentee, special needs, and questioned ballots Absentee by-mail voting ballots Voted, unvoted, spoiled, ballot stubs, and ballot envelopes ONSITE: CERTIFICATION PLUS 30 DAYS PAPER Destroy after certification plus 30 days. Retain longer if election is contested per AS 15.15.470 or destruction is stayed by an order of the court EL-03 ELECTIONS - OPERATIONAL Precinct, special needs, and questioned registers Voter roll, tally books, machine tapes Ballot testing Election Officials Records Precinct notebooks documentation Absentee by mail ballot spreadsheet ONSITE: CERTIFICATION PLUS 3 MONTHS PAPER Destroy after certification plus 3 months. Retain longer if election is contested per AS 15.15.470 or destruction is stayed by an order of the court. Voter registers - destroy after returned from the state plus 3 months. EL-04 ELECTIONS - GENERAL Initiative, referendum, and recall files. Declarations of candidacy Certificates of Election APOC financial disclosure files. Election contest and recount petitions documentations ONSITE: 5 YEARS TOTAL: 5 YEARS PAPER AGENDA ITEM #14.B.4.Resolution No. FY2023-03A A Resolution Of The Assembly Of The Kodiak Isl...Page 82 of 96 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT:Appointment to the Kodiak Island Borough Assembly ORIGINATOR:Lina Cruz, Deputy Clerk RECOMMENDATION: Move to nominate _______ to the Assembly seat for a term to expire October 2023. If the Assembly would like to go into executive session: Move to convene into executive session to discuss evaluation of the Assembly applicants, a matter which might include a discussion that could potentially prejudice the reputation and character of the applicants. DISCUSSION: KIBC 2.25.060D. In appointing a person from among the applicants, the assembly shall utilize the voting procedures specified in KIBC 2.30.040(B) for the election of the deputy presiding officer. KIBC 2.30.040 Organization and deputy presiding officer. B. Election of the deputy presiding officer of the assembly shall be in the following manner: 1.As the first order of new business, nominations for deputy presiding officer shall be opened. 2.Nominations may be made by any member of the assembly. 3.At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one other person, tally the ballots. The clerk shall announce the results. 4.A majority vote of the assembly shall be required for election. 5.If no majority is cast for any candidate or candidates, the candidate with the fewest ballots shall be dropped from the list of candidates until there are two remaining and balloting shall continue until one candidate is elected. In case of an ultimate tie vote of the assembly, the mayor may vote. KIBC 2.30.070F. The vote upon any question shall be “ayes” and “noes” and shall be recorded in the journal of the assembly. In the case where only six members of the assembly are present and there is a three/three tie vote of the assembly, the mayor may vote. No resolution, ordinance or motion before the assembly shall be valid unless affirmed or denied by a majority of the votes to which the assembly is entitled on the question. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: The Assembly is entitled to go into executive session to evaluate the candidates to the Assembly. This subject qualifies for an executive session as it is a topic of which tends to prejudice a person's reputation of character. The candidates were noticed and were given the AGENDA ITEM #14.D.1. Appointment to the Kodiak Island Borough Assembly Page 83 of 96 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough opportunity to request public discussion. Applicants must be qualified voters and residents of the borough for a minimum of one year at the time of filing. Applicants may not hold any other compensated borough office, borough employment, or elected position in the state or federal government while in office. The Alaska Statute (AS. 29.20.180) is the same process as KIB 2.25.060 2.25.060 Declaring and filling vacancies. C. If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and more than 90 days remain in the term, then the clerk shall publish reasonable public notice of the vacancy and, for 14 days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. The assembly shall review the applications and may interview applicants. Not later than 30 days after the seat is declared vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. F. Persons appointed to fill a vacancy shall serve until the next regular election, at which time a successor shall be elected to fulfill the remainder of the unexpired term of office. AGENDA ITEM #14.D.1. Appointment to the Kodiak Island Borough Assembly Page 84 of 96 Informat ionPrintClearly) I. , amaquali?edvoteranddeclaremyselftohave resided in the Kodiak Island Borough f atleastoneyearatthetimeof?ling. My current residence address is;370 3 Drive;Kodiak,AK99615 I have been a resident of the Kodiak I s l a n d Boro ugh since1979-19988:2008-Present. My full mailing address is:EQ Bgx 7§ 3; Ko dia k, AK99515. 'k***'k ***** **'k** ***** ***** ***** ***** ***'k*' k**** *****- A‘ CERTIFICATION I,the undersigned,c e rt if y thattheinformationinthisformIStrueandcomplete,andthatImeetthe speci?c residency citiz enshi p requirementsofthisof?ce. Once appointed,IthatIwillbe?linganAlaskaPublicOf?cialsFinancialDisclosureForm. Applicant’s Signature Ce||phone;907.942. 5544 Work phone:907.486. 2960 Ema";Ryan@ RyanSharratt. Com Subscribed an worn be for e methisdayof ( F or off ice useonly) Re v. 1 0 / 2 nj V ot er #: P a g e 2of3 * * * * * * * * *' k * * N AGENDA ITEM #14.D.1.Appointment to the Kodiak Island Borough AssemblyPage 85 of 96 liI}=|'?_If§tI1Q mu-in-ac-nyius-i-mm-nu-1:-nu-m-mn——uuqIu—r-i—q-i-—¢ E L «??-j?lhjuf '5-hf. 3-m \!''|‘'_--l'__Ja-Ie—J9!--:.:P!-"-I-I-I-Iliharnll.¥I:'Il'l_ ui....u-u-.-;_u::-=:uungrL;|gIvn,_.i--u--up-In-un-.-Ini-II-nI:bu.__ :-.q..-a-,.u-a-an -Ill’-i--=.£"'.-':|.___ I-vu-I-I-_.j£1Iji.I.I.I=_1j_l‘5$I'1_-__,;i g-ii-I—_ap.lJa:-I-hIIr[IIhln1.1-nursing-—Il-—-.___f___-, ‘I-urn--lulwt-gunk-Janina:-uqn—W—v—ch-nuuhuungnianr-n.-. _|hl|'l51'?|I'I§'§é,-"!IIiI'I'"‘I'--Ili$Il'%-—I-I-'—'%J'1__, ‘$216!?-j|!fj— rtjr -1 -.—’—n=Isnnlguu-:1-—u-mags-n-u-in -u-u-1:-u_ F-_-Ali!-_!--1'!...|_-tun-Illlsqu-uu—_IsJ!ifIrII-I-11:21-_-1 , _—‘Iuu-.1-1-I-uI3s:uh.j-um-I-I-11.:-anulhI:.:n1'-kl-r ASSEMBLY APPLICATION A letter of interest may be attached but is not required.Attach any docume ntation thatyoubelieveisrelevant for the evaluation of your application.This application willbe made availa ble tothepublic. Name:Ryan B.Sharratt Residence Address:3703 Wo odl and Drive‘KodiakAK99615 Mailing Address:PO Box 753'Kodiak AK 99615 Are you a prop erty owne r inKodiak?Yes Occupation:Self-Employed Work Phone:907.486.2960 Cell Phone:907.942. 5544 Education:Associates of Applied Science (A.A.S.)-Occupational Healt h &Safe ty Bachelor of Science (BS)-Occupational Health &Safety,Minor in Envi ron ment al Sciences Master of Science (M.S.)-Leadership,Emphasis in Organizational Lead ershi pServiceOrganization(s)Membership: Board of Certi?ed Safety Professionals,Institute of Hazardous Materials AmericanLegion National Safety Council,National Academy of Sports Medicine,Walden ofLeadership Business and Professional Positions:Certi?ed Safeg Professional ( C SP ), Certi ?ed Hazardous Materials Manager (CHMM),Risk Assessor,Awardee of The National So ci et y ofLeaders hip andSuccess. Statement:I was born a rai sed inKodiakleavingfortheArmyandaneducation,mywifeandIhave chosen Kodiak to raise ki ds. Asaself- employed entrepreneur,Ifeelitisimportantto?ndef?ciency with the tax payer dollar s ensurin g publicinterestsaremaintainedwithina?nebalanceofcapabilities of our government staff.strat egic directiontodaywillhaverippleeffectsoftomorrow,wemusttakethis responsibility with cautio n a n d optim ism astomorrowneedstobebetterthantoday. specia|m te re st s; Business,Investments,Education,Volunteering,Economics,Traveling,Research Small Bu sin ess consul ting forothers,ContractManagement/Procurement. R ev . 1 0/ 2 2 nj Pa ge 3of3 AGENDA ITEM #14.D.1.Appointment to the Kodiak Island Borough AssemblyPage 86 of 96 ************'k*'k'k*******'k*******'k*********'k******** CERTIFICATION I,the undersigned,certify that the information in this form is true and andthatImetthe specific residency and citizenytiprequirements of this office. 1 0/7 Once appointed,I certify that I will be filing an Alaska Public Of?cials Disclosur e Form. gQ%é7_£_ Applicant’s Signature Voter #: Cell phone:52 2 Z92 Work phone:3 a m e Subsc 'ed and sworn before day of Informa tion(PrintClearly) I,3 Eg ézgz?z ,amaqualifiedvoteranddeclaremyselftohave resided in the Kodiak Island Borough f o r a t leas t oneyearatthetimeoffiling. My current residence address is:24442¢. I have been a resident of the Kodiak Isl an d Bor oug h since My full mailing address is:/49.kggég73.5’?5/4 /at/ Z‘ 4/ 1762 Km 75 ~?/as/495/510075 c/ 7 % 06 65 6» :/ 61 02 ( F or of ?c e useonly) 5c a s ufé/ Ljfm? /rea/y e %‘/ '/e /4/006 J R ev . 1 0/ 2 2 nj Pa ge 2of3 ' N ot F Y AGENDA ITEM #14.D.1.Appointment to the Kodiak Island Borough AssemblyPage 87 of 96 (‘Lay fat" Service Organization(s)Membershi p: Carre/:7‘geQ4;Cdffergigweéreg?Adon/J £43;In mjgc gé K ZAggeg//,4fégggZzg2804r7Z0 Piaf $9 /In ‘v”4»IZ’‘4r//5/‘LaneJar Business and Professional Positio ns: and4244/,5422e?keg’;aéf5/an/ /'06!/g 4'"?ea: Special lntere t ' A S S E APPLICATION A letter of interest may be attached b u t isnotrequired . Attachanydocumentationthatyoubelieveisrelevant for the evaluation of your application.appli catio n willbemadeavailabletothepublic. Name:caz if/M2 Resi den ce Address:3L5?’2cgr7Lé Mailing Address:/3 Q (25 AreyouapropertyownerinKodiak? Occupation:Self «e¢2,¢ [2/KegWorkPhone:222~721 3 Z CellPhone:57 Education: 7’aK‘/e/ or#9,,e%J7;IAe/ 7‘,,so/)/47!:/r7L/awer/‘47L/€army/ /ea o /J:5/‘rr7Lcam)”G4/5 SS.Fe,4/7F-A State ment : R ev . 1 0/ 2 2 nj P a g e 3of3 0 0 4 / rt AGENDA ITEM #14.D.1.Appointment to the Kodiak Island Borough AssemblyPage 88 of 96 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Administration Of Oath Of Office To Newly Appointed Assembly Member ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: The Clerk will administer the Oath of Office to the newly appointed Assembly member. DISCUSSION: The Borough Clerk will administer the Oath of Office to the newly elected official and the official will take office immediately. Kodiak Island Borough Code 2.25.030 Before taking office, an assembly member shall affirm in writing that the duties of the office will honestly, faithfully, and impartially be performed. The oath shall be filed with the clerk. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.D.2. Administration Of Oath Of Office To Newly Appointed Assembly Member Page 89 of 96 Kodiak Island Borough OFFICE of the CLERK 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: clerks@kodiakak.us Kodiak Island Borough Oath Of Office State of Alaska ) ) ss. Third Judicial District ) I, ___________________ , do solemnly swear that I will support and defend the Constitution and laws of the United States of America, the laws of the State of Alaska, and the ordinances of the Kodiak Island Borough. I will honestly, faithfully, and impartially discharge my duties as a member of the Kodiak Island Borough Assembly to the best of my ability. ________________________________ ________________________________ Printed Name Signature Subscribed and sworn to before me this ____day of _____, 2022. ___________________________ Kodiak Island Borough Clerk AGENDA ITEM #14.D.2. Administration Of Oath Of Office To Newly Appointed Assembly Member Page 90 of 96 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Good Cause Determination For A Late Senior Citizen Exemption ORIGINATOR: Seema Garoutte, Assessor/Interim CDD Director RECOMMENDATION: Move to grant permission to the Assessor to accept the late filed senior citizen exemption application for good cause. DISCUSSION: Applicant Grant de Line filled an application to receive the Senior Citizen exemption for tax year 2022 on October 17, 2022. At that time, he also provided his good cause. In that paperwork, Mr. de Line had a copy of the application he mailed in 2022. It a ppeared that he mailed it before the deadline, unfortunately, KIB did not receive the application at all. Any citizen that would have qualified for the exemption is given an application to fill out and begin the good cause decision phase for exemption. Mr. de Line was given a new application due to the fact the the previous one was in his (now deceased) wife's name. As stated above, the application included his good cause letter and documentation. A copy of Mr. de Lines confidential documents have been su pplied to you by the Clerk. Please return the documents to the clerk for proper destruction. Per KIBC 3.35.030 D. In the event that a claimant fails to apply for a senior exemption as provided by AS 29.45.030(e) by January 15th of the assessment year for which the exemption is sought, the borough assembly for good cause shown may waive the claimant’s failure to make timely application for the exemption for that year and if the assembly finds good cause for the failure to make a timely filing the borough assessor shall accept the application, as if timely filed, subject to the provisions contained in AS 29.45.030(e)., Assessor Garoutte is asking for the Assembly to grant a good cause waiver to Mr. de Line and direct her to accept the application as timely filed. Please vote yes to approve. ALTERNATIVES: A no vote will deny Mr. de Line from receiving the exemption for 2022. He will be able to appeal this decision to the Superior Court, and if he wins the appeal, he could also be awarded court costs and lawyer fees. FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.D.3. Good Cause Determination For A Late Senior Citizen Exemption Page 91 of 96 Please be advised that the Kodiak Island Borough Assembly h a s sc h e d ul e d thecasereferenced above for determination at their November 17,2022,regular Thismeetingwillbeginat 6:30 p.m.in the Assembly Chambers,710 Mill Bay Road,K od ia k, Alask a. Attendanceatthis meeting is not mandatory but recommended. One week prior to the regular meeting,on Thursday,Novem ber 10,2022at6:30p.m.inthe Borough Assembly Chambers the Assembly will hold a pac ket revi ew worksessionforthe purpose of reviewing packet materials and staff summaries o f c a s e s schedul ed fortheregular meeting.The information you provided in support of your requ est foracceptanc e ofalatefiled application based upon good cause will be provided to the alongwithanystaff response.These materials are considered confidential and wil l app ear inthemeetingpacket for either meetings,but you can contact me and I will bring a foryou.Theagendaitem can be accessed via the Borough's web site. The public is welcome to attend the packet review work sessi on; ho wev er, theworksessionis not for the purpose of receiving public testimony.Applicants wis h topresenttestimonyor argument in addition to the evidence that they provided to the Officerelatedtotheir application should appear in person at the Public Hearing theRegularMeetingon November 17,2022 and present such information in person. Please contact the Assessing Department at 486-9350 if canansweranyoutstanding questions or provide additional information.Thank you for you r c o o p er at io n. Sincerely, KODIA K I S L BOROUGH ASS ESSI NG DEPART MENT7 1 0 MillBayRoad AK99615 (907)486- 9350 Pho ne (907)486-9353Fax November 3,2022 Grant de Line PO Box 2215 Kodiak,AK.99615 RE:Good Cause Deter minati on forSCExemptionforPID#19207,41855FurinWay,Kodiak,AK. 99615,Pasagshak 2"“Lt12, Assessor Interim Direct or C o m m un it y DevelopmentDepartment CC:Clerks Offi ceAssemblypac ket s kodiakak. us se e m a qarou ttc AGENDA ITEM #14.D.3.Good Cause Determination For A Late Senior Citizen ExemptionPage 92 of 96 kn RR UN 1.CALL TO ORDER/PLE GE OF ALLEGIANCE Chair Richard Carstens called the regular meeting to order at 6:02 PM. 2.ROLL CALL Board Members present were Chair Richard Carstens,John Parker,Paul Van Dyke,Crai gWaltonandMikeDolph.A quorum was established.Also present were Fire Chief Lee Finlayso n(telephonic),Kodiak Island Borough Assembly Member Scott Amdt,and Bruce McNeil. 3.ACCEPTANCE/APPROVAL OF AGENDA PARKER MOVED to approve the agenda.DOLPH seconded. VOICE VOTE ON MOTION CA IED UNANIMOUSLY. 4.APPROVAL OF MINUT S WALTON MOVED to approve the minutes of August 24"‘,2022.VAN DYKE seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5.AC OWLEDGEMENT OF FINANCIAL REPORT PARKER MOVED to ac owledge the ?nancial report.DOLPH seconded. VOICE VOTE ON OTION CARRIED ANIMOUSLY. 6.FIRE CHIEFS REPORT Chief Lee Finlayson was on the phone telephonically and Richard Carstens read into the record text message with an update from the Chief.There was a donation for the cadet program fro mJohnWitteveenfor$500. 7.CHAIR P RSONS REPORT Chairman Richard Carstens announced that he doesn’t have a Chair report this time. 4.OLD SS A.FireResponseVehicleProcurement Dis cus sio n openedwithChairRichardCarstens.PatriciaValerioexplainedsituationwith Out bac k Fireasabidder.Anddiscussionensuedaboutthetwobidder’ssubmissions. FI PR OT EC TI ON AREANO.lBOARD MEETING 18"‘,20226:00pm. FIREALL FIRE PROTE CTION AREA1BOARD, REGULAR MINUTE SOCTOBER20 22 -5:15PM Page 1 of AGENDA ITEM #18.A.1.Fire Protection Area No. 1 Board MinutesPage 93 of 96 RD PARKER MOVED that the Board recommend the purchase of the vehicle through Tonkin out of Oregon that includes the winch and bumper installation for a total cost of $250,000.DOLPH seconded. ROLL CALL VOTE ON MOTION CARRIED. 4 yes Richard Carstens,Mike Dolph,Craig Walton,and John Parker. 1 no Paul Van Dyke 5.VISITOR COMMENTS — Scott Arndt -regarding purchasing and presenting to Assembly. Bruce McNeil —comments regarding customer service of vendors. 6.BOA MEM ERS COMM NTS J.Parker Glad we are moving forward. P.Van Dyke Appreciate the discussion.I’m not going to change any minds,but I think we are in the ?re with this one.We took oaths of office,we are not lawyers,but we need to address the issues here and abide by Borough Code.I would like to request an executive session.I am worried about the future of the Board. C.Walton none. M.Dolph Appreciate interactions here.We have come to a sensible and reasonable decision and I’m looking forward to the ture. R.Carstens Agree with Bruce,True North (Tonkin)has been very responsible in proving maintenance for other things we have purchased from them.We are doing the best we can for the service area by making this responsible decision. 7.NEXT MEETING SCHEDULE —Monday November 7"‘,at 6:00pm at Bayside. 8.ADJOURN ENTALTONMOVEDto adjourn the meeting.DOLPH seconded.VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.The meeting was adjourned at 6:46 p.m. FIRE PROT ECTI ON AREA1BOARD, REGULAR MINUTE SOCTOBER20 22 -5:15PM Page 2 of AGENDA ITEM #18.A.1.Fire Protection Area No. 1 Board MinutesPage 94 of 96 FIRE PROT ECTI ON AREA1BOARD, REGULAR MINUTES OCTOBER 202 2 -5:15PM Page 3 of Patrici Val eri o, Boar d Secretary KIB Engin eering / Facilit ies Department APPROVE D B Y: Chai r arstens Fire Area1 D at 2 AGENDA ITEM #18.A.1.Fire Protection Area No. 1 Board MinutesPage 95 of 96 IN Eu 1.CALL TO O ER/PLEDGE OF ALLEGIANCE Chair Richard Carstens called the re lar meeting to order at 6:09 P 2.ROLL CALL Board Members present were Chair Richard Carstens,John Parker,Craig Walton,and ike Dolph.Paul Van Dyke was absent.A quorum was established.Also present was Patricia Valerio as staff. 3.ACCEPTANCE/APPROVAL OF AGENDA PARKER OVED to approve the agenda.DOLPH seconded. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 4.CITIZENS COMMENTS 5.CONSID RATION OF MATTE S IN T E CALL FO THE SPECIAL MEETING Chair Richard qpened discussions on the reconsideration of bids for the Bayside Response Vehicle Procurement. PARKER MOVED to reconsider the motion previously passed during the previous meeting [Pct 18"‘]for the purchase of the Bayside vehicle.WALTON seconded. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Continuation of discussion of bid submissions. REVOTE on ORIG AL OTION [PARKER MOVED that the Board recommend the purchase of the vehicle through Tonkin out of Oregon that includes the winch and bumper installation for a total cost of $250,000.DOLPH seconded.] PARKER MOVED to award the bid to Rebel Strike per discussion.DOLPH seconded.ROLL CALL VOTE ON OTION CARRIED UNANIMOUSLY. FIRE PR OT EC TI ON AREANO.lBOARD METING 24"‘,20226:00pm. FIREALL FIRE PROT ECTIO N AREA1BOARD, REGULAR MINUTE SOCTOBER20 22 -5:15PM Page 1 of AGENDA ITEM #18.A.1.Fire Protection Area No. 1 Board MinutesPage 96 of 96 6.VISITOR COMMENTS —no ne. 7.ADJOURNMENT WALTON MOVED to adjo urn themeetin g. DOLPHseconded. VOICE VOTE ON MOTIO N C A R R I E D UNANIMOU SLY. The meeting was adjourned 6: 1 8 p.m. FIREPROT ECTI ON AREA1BOARD, REGULAR MINUTE SOCTOBER20 22 -5:15PM Page 2 of Pat cia Val eri o, Boar d Secretary KIB Engin eering/ Facilit ies Department APPROVE D B Y : (A 1 ' Chai r rstens Fire Area1 S U B BY: 7 2 o Z2 D at AGENDA ITEM #18.A.1.Fire Protection Area No. 1 Board MinutesPage 97 of 96 Kodiak Island Borough OFFICE of the MANAGER 10 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 Fax (907) 486-9390 TO: Kodiak Island Borough Assembly, Mayor Williams FROM: David Conrad, Interim Borough Manager RE: Managers Report, November 17, 2022 The assembly is invited and encouraged to attend a Thanksgiving Brunch this Friday, November 18th in the Assembly Chambers with the staff. I hope the members consider attending and sharing breakfast sandwiches and conversation with the staff. Holiday Landfill Hours - The Landfill will be closed November 24th and 25th. We will reopen Saturday, November 2611 for normal business hours. Alaska Waste will be off Thanksgiving Day and normal service will resume the following day. I would like to thank Eric Pagsolingan for his work this summer in the laborer position. We will mis Eric and wish him well in his future endeavors. PKIMC - The HVAC System is showing definite signs of its age and state of maintenance. Anticipate a request and discussion for capital funding for the repair and or replacement of multiple components for the system. Staff is preparing a presentation for the settlement agreement and will request endorsement to finalize the claims for the two fuel spill incidents at the Long -Term Care Center and the Hospital facilities. KIBSD - Finance will be presenting two ordinances to the assembly for consideration and approval to dedicate the ARPA Funds to the single project, Peterson Elementary School HVAC, and Roof Repairs. The flashing light on Rezanof near East Elementary has been repaired and is functional. Thanks to Local Electric and the KIBSD Staff for the work to repair this protection device for the community. Assessing -- KANA Case - Additional motions have been filed by the KIB. A request for delay of the trial dates has been made associated with the additional filed motions. The KIB will wait for the court's decision. Assessing staff continues performing the required field work for the reassessment of properties within the City of Kodiak boundaries. Staff is prepared and distributed the updated senior citizen and disabled veteran exemption applications and the personal property and aircraft filing forms were mailed on November 15th Community Development - Staff are working on various permits and applications. Natives of Kodiak Spruce Cape subdivision has been submitted for preliminary plat review. Finance - Staff continues annual filing of small claims for delinquent personal property accounts, notices are currently being served. MDNA -- Management Discussion and Analysis portion of the financial statements are continuing and due by November 23 to the auditors. LATCF Funding Resolution has is before the assembly tonight for discussion. Engineering and Facilities Preventative Maintenance Program has been implemented. MaintainX is the new program being utilized. A majority of the KFRC Facility components and systems have been entered, PM's created, and staff is completing PM's. A work order system will be incorporated for processing and completing work requests based on priority and funding availability. KRFC Carpet Replacement - This job is scheduled to begin on December 10 and be completed by December 181h Bulldozer Procurement - Rebuilt engine has been installed this week. Dozer rebuilds continues. Landfill - Blasting has been competed for this year. Rock crushing will continue as weather allows. Leachate Treatment Plant - Slab has been uncovered per the specification. Contractor anticipates erection of the steel building may begin in early December. Staff is preparing the documents for the request of low interest loans from the ADEC State Revolving Loan Questionnaire. This request will be for 4.45 million dollars. Larsen Bay School Property Property disposition to be decided by the assembly tonight. Staff anticipates travel to Larsen Bay for final signatures on the contract and clarification of the repairs that eh KIB is responsible for competing associated with the facility transfer agreement. The cost is estimated at less than $10,000.00 for required responsible repairs. Karluk School Property - The KIB heating contractor continues to attempt travel to Karluk today for the repair of the oil -fired boiler. Discussion is scheduled for next week to decide the fate of the school facility at Karluk. Staff has informed the Tribal Chief, Alicia Andrew of the meeting and has arrange for a Zoom Meeting during the November 22"d discussion. A meeting was held today with the Alaska Department of Environmental Conservation, Contaminated Sites Section regarding the spill at the school site. The site will likely require an Environmental Covenant be assigned to the parcel. There has been an incomplete ground water investigation and the installation of monitoring wells and periodic monitoring will likely be required. ADEC has provided information to contact the Alaska Department of Commerce regarding the long tern disposition of the school building and property. List of Pending Items for Discussion Bayside Classroom Addition Disposition of Closed School Facilities - Allowable Scope for Current Staff OSHA Voluntary Compliance Visit -- Rescheduled for October Continued update of the Personnel Manual ARPA Funding Reporting is continuing. Grant Application and Local Match Funding Approval for application prior to expending staff time. Leases - Teen Court, Red Cross, Fairgrounds, KISA, Chiniak Library, Long Term Care Major Maintenance Funding for Facilities Disposition of Mental Health Buildings - Information provided to the assembly Solid Waste Collection Contract Modifications Service Area Contracts Annual Contracts Additional Methods to Reward Employees in Personnel Manual Vehicle Replacement Funding opportunities for road repairs and improvements. KODIAK ISLAND BOROUGH Meeting Type: ate: Please PRINT your name legibly Please PRINT your name legibly Q0 r CAf os� Kodiak Island Borough Assembly Members: I am aware that some questions have arisen regarding Kodiak Island Borough's long-term inclusion of the Anton Larsen Bay Road extension project on your Capital Projects List. When the Environmental Assessment for this project was developed four years ago with hearings in Kodiak as well as Port Lions and Ouzinkie, there was widespread support in all three communities for the project. In Kodiak primary support came from an assortment of recreational users as well as subsistence harvesters and folks with property or fish camps on the west side of the island. In addition, Kodiak's native community has continuously strongly advocated for the project. As you are aware, inclusion of the Anton Larsen Bay Road extension has been on the Kodiak Island Borough's CIP list reaching back to the 1980s and continuously for more than 10 years. Questions regarding who will maintain the Anton Larsen Bay Road extension, once it is build, have always been part of the conversation regarding the project. In part, funding sources may determine road maintenance. Initially, the design money was from the State of Alaska and Spruce Island Development, Inc., (SIDCO) the entity working on behalf of Ouzinkie, Port Lions and Kodiak to secure funding, developed an MOA with the State Department of Transportation for design up to State standards with the understanding that the State would, likely, maintain the road if it was built. With the decline in State revenues SIDCO has looked for funding elsewhere and some legislators had identified State Road maintenance as improbable. Recently, final design and permitting funding was obtained through the Denali Commission and requests for federal highway funds to build the project have been submitted. SIDCO has been in contact with the tribal entities in Ouzinkie and Port Lions as well as the Sun'aq tribe regarding placing the Anton Larsen Bay Road extension on their road inventories and allocating BIA road maintenance funds to the Anton Larsen Bay Road extension. All three tribes have indicated that they will make best efforts, within the BIA roads program, to secure funding for maintaining the Anton Larsen Bay Road extension. Whether or not the project is built with State funds, Federal funds or a combination. It should be noted that given the deficient current maintenance of the existing Anton Larsen Bay Road by the State of Alaska, maintaining the extension to a parallel standard will not require much work! In summary, maintenance of the proposed 2.2 -mile extension to the Anton Larsen Bay Road is part of the discussion regarding funding of the project. Expecting a guarantee of maintenance in the abstract before Kodiak Island Borough can support the project on your CIP list is not realistic. I would encourage the Borough Assembly to continue to support the Anton Larsen Bay Road extension project as a high priority on your next CIP list because of the positive opportunities it will provide for all of Kodiak's residents while acknowledging that maintaining the road extension must be part of project funding discussions. Thank You Duncan Fields, Spruce Island Development, Inc. KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular /Special Date: 4 .` Convened: Recessed: Reconvened: Adjourned: BY: SECOND: BY: C71-? BY: 1;75 SECOND: BY: '� SECOND: T-1 BY: C J SECOND:��st R�-4"\ Mr. Delgado, / v 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 L% Mr. Ledoux Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smith Mr. Smith Mr. Smith Mr. Smith Mr. Smith v' Mr. Turner t Mr. Turner Mr. Turner . Mr. Turner Mr. Turner t t OULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE?[ TOTAL: TOTAL: TOTAL: 0 1 TOTAL: TOTAL: The mayor may n t vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assem Mayor Williams I l Mayor Williams I 1 1 Mayor Williams I I I Mayor Williams I I I Mayor Williams • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. Regular ' Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET r Recessed: b. 0 Reconvened: Date: WO Adjourned: BY: L'j SECOND: o� YES NO BY: SECOND • YES NO BY: 5� SECOND: ES NO BY: SECOND: �kJ BY: SECOND: Mr. Delgado Mr. Delgado Mr. Delgado V Mr. Delgado ✓ Mr. Delgado Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Ledoux ✓ Mr. Ledoux Mr. Smiley Mr. Smiley VMr. Smiley ✓ Mr. Smiley Mr. Smiley Mr. Smith Mr. Smith ✓ Mr. Smith Mr. Smith Mr. Smith Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner TOTAL: O ILD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE?; TOTAL: S 1 1 1 TOTAL: I I TOTAL:110 1 DI TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a t eetthree tie vote of the assembly. Mayor Williams Mayor Williams Mayor Williams Mayor Williams Mayor Williams F-1 • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question 0 Majority vote is majority of the membership (quorum). Point of Order and Recess. Regular V/ Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: 11 . r Date: l I l g l n Adjourned: BY: BY: BY: �`� BY: BY: SECONDIA V" S SECOND: SECOND. SECOND: SECOND: _ -YES NO YES NO YES NO Mr. Delgado Mr. Smiley Mr. Delgado Mr. Smiley Mr. Delgado Mr. Smiley Mr. Delgado Mr. Delgado Mr. Griffin Mr. Smith Mr. Griffin Mr. Smith Mr. Griffin Mr. Smith Mr. Griffin Mr. Smith Mr. Griffin Mr. Turner Mr. Ledoux Mr. Ledoux V Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Smiley yf Mr. Smiley V Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smith Mr. Smith V Mr. Smith Mr. Smith Mr. Smith Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner OULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case whe a only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Williams Mayor Williams Mayor Williams Mayor Williams Mayor Williams • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2023, No. 17 November 18, 2022 At Its Regular Meeting Of November 17, 2022, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On November 17, 2022, At 6:30 p.m. In The Borough Assembly Chambers. ADOPTED Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Interests To Dispose Of The Larsen Bay School Property Located At 502 Third Street In Larsen Bay By Conveyance To The Village Of Larsen Bay With Conditions To Accommodate A Future School Location ADOPTED Resolution No. FY2022-22A Amending And Redirecting Funds From The State Of Alaska ARPA Local Government Lost Revenue Relief Program (LGLRRP) To Offset Significant Revenue Loss Due To The Covid-19 Public Health Emergency ADOPTED Resolution No. FY2023-09A Amending And Redirecting Previously Authorized America Rescue Plan Act (ARPA) - State And Local Fiscal Recovery Funds (SLFRF) For The Benefit Of The Residents Of The Borough POSTPONED Resolution No. FY2023-15 Adopting A State Legislative Capital Improvement Projects Priority List For The 2023 Legislative Session To The Next Regular Meeting Of The Assembly ADOPTED Resolution No. FY2023-03A A Resolution Of The Assembly Of The Kodiak Island Borough Amending The Kodiak Island Borough Records Retention Schedule And Central Filing System To Reflect Amendments To The Borough Clerk Records Series And Election Series APPOINTED Mr. Scott Arndt To The Kodiak Island Borough Assembly ADMINISTERED The Oath Of Office To Newly Appointed Assembly Member Scott Arndt GRANTED Permission To The Assessor To Accept The Late Filed Senior Citizen Exemption Application For Good Cause For Mr. Grand de Line