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2024-03-21 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, March 21, 2024, 6:30 p.m. This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's You Tube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL 5. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed marked with an asterisk (*) are considered to be routine and non -controversial items by the Assembly and will be approved by one motion. 6. *APPROVAL OF MINUTES A. Regular Meeting Minutes of March 7, 2024 4 - 8 2024-03-07 RM Minutes 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 8. AWARDS AND PRESENTATIONS 9. COMMITTEE REPORTS Iii to�all :34[yplmr_1V1017 11. BOROUGH MANAGER'S REPORT A 20240321 Borough Manager's Report Page 0 of 72 9-20 12. MESSAGES FROM THE BOROUGH MAYOR `K��Z�7►[•91�]�:Z��[�7►[�]Yy_1��►1�7_1:a�1►1�1►1[•ya��l:��yl�l�•� 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 14.13. RESOLUTIONS 1. Resolution No. FY2023-03B A Resolution Of The 21 -27 Assembly Of The Kodiak Island Borough Amending The Kodiak Island Borough Records Retention Schedule And Central Filing System To Reflect Amendments To The Finance Department Records Series Agenda Item Report - Pdf 2. Resolution No. FY2024-15 Approving The Native Village 28-35 Of Karluk And The Karluk IRA Tribal Council As An Unincorporated Community For Participation In The FY25 Community Assistance Program Agenda Item Report - Pdf 3. Resolution No. FY2024-18 Designating The Individual 36-37 Who Will Serve As Temporary Administrative Official During The Absence Of The Regular Administrative Official Agenda Item Report - Pdf 4. Resolution No. FY2024-19 Authorizing The Manager To 38-51 Accept The 2022 State And Local Cyber Security Grant (SLCGP) Agenda Item Report - Pdf 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2024-17 An Ordinance Of The Assembly 52-60 Of The Kodiak Island Borough Amending Title 2 Administration And Personnel, Section 2.30 Rules Of The Assembly, Sections 2.30.060 Order Of Business And Agenda, And Section 2.30.070 Ordinances, Resolutions, And Motions To Update Processes For Agenda Setting And Submission Of Items Agenda Item Report - Pdf 14.D. OTHER ITEMS 15. CITIZENS' COMMENTS Page 1 of 72 16. ASSEMBLY MEMBERS' COMMENTS 17. EXECUTIVE SESSION A. Litigation Update And Discussion Regarding Claims Filed By 61 Rebecca Nelson Against The Kodiak Island Borough And Bayside Fire Department Agenda Item Report - Pdf B. Litigation Update Regarding Kodiak Area Native Association v. 62 Kodiak Island Borough, Case No. 3 KO-21-57CI Agenda Item Report - Pdf 18. ADJOURNMENT 19. INFORMATIONAL MATERIALS A. Women's Bay Service Area Board Regular Meeting Minutes of 63-71 February 6, 2024 and Budget Public Hearing Minutes of February 20, 2024; Health Facilities Advisory Board Meeting Minutes of February 12, 2024, and Solid Waste Contract Committee Meeting Minutes Of February 6, 2024 Minutes Binder B. Kodiak Island Borough School District Board Meeting Summary 72 Of March 11, 2024 2024-03-11 Summary This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's You Tube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. For public comments, please call (907) 486-3231 or (855) 492-9202. Page 2 of 72 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting March 7, 2024 A regular meeting of the Kodiak Island Borough Assembly was held on March 7, 2024, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Aimee Williams, Assessor Seema Garoutte, Acting Clerk Lina Cruz, and Acting Deputy Clerk Irene Arellano. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Arndt led the Pledge of Allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Mayor Scott Arndt, Assembly Member Steve Ames, Larry LeDoux, Ryan Sharratt, Scott Smiley, James Turner, and Bo Whiteside. SMILEY moved to excuse Assembly member Griffin who is attending the Southwest Alaska Municipal Conference in Anchorage, Alaska. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Ames, LeDoux, Sharratt, Smiley, and Whiteside (AYES); Turner (NO) 5. APPROVAL OF AGENDA AND CONSENT AGENDA SMILEY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES (Approved under consent agenda) A. Regular Meeting Minutes Of February 15 and Special Meeting Minutes of February 29, 2024 7. CITIZENS' COMMENTS The following spoke under citizen comments: • Seema Garoutte, Assessor • Nicholas Hoffman • Daniel Rohrer • Heather Johnson • Cort Neff • Peter Thompson • Shawn Olsen • Danae McKinney Kodiak Island Borough March 7, 2024 Assembly Regular Meeting Minutes Page 1 of 5 Regular Meeting Minutes of March 7, 2024 Page 4 of 71 AGENDA ITEM #6.A. • Robert Higgs • Hailey Ivanoff • Dave Hilty • Sylvia Kavanaugh • Alexus Kwachka • Stephen Faust • Misty Lee • Luvonne Shields -Chaco • Randy Ensign • Yung Kiely 8. AWARDS AND PRESENTATIONS — None. 9. COMMITTEE REPORTS 10. PUBLIC HEARING 1. Ordinance No. FY2024-12 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.050 Board Of Equalization SMILEY moved to adopt Ordinance No. FY2024-12. Mayor Arndt opened the public hearing. Hearing and seeing none, Mayor Arndt closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Sharratt, Smiley, Turner, Whiteside, and Ames. 2. Ordinance No. FY2024-14 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending The Kodiak Island Borough Personnel Rules And Regulations To Add A Travel Policy SMILEY moved to adopt Ordinance No. FY2024-14. Mayor Arndt opened the public hearing. Hearing and seeing none, Mayor Arndt closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Sharratt, Smiley, Turner, Whiteside, Ames, and LeDoux. 11. BOROUGH MANAGER'S REPORT Borough Manager Williams provided a manager's report, and it was included in the meeting packet. 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Arndt reported on his recent attendance to NACo Conference, federal lobbying, and AML travel. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS Kodiak Island Borough March 7, 2024 Assembly Regular Meeting Minutes Page 2 of 5 Regular Meeting Minutes of March 7, 2024 Page 5 of 71 AGENDA ITEM #6.A. 14.A. CONTRACTS 14.B. RESOLUTIONS 1. Resolution No. FY2024-17 A Resolution Of The Assembly Of The Kodiak Island Borough Supporting The Pacific Seafood Processors Associations' Efforts To Improve Competitiveness And Resilience Of The Alaska Seafood Industry SMILEY moved to adopt Resolution No. FY2024-17. ROLL CALL VOTE ON THE MAIN MOTION UNANIMOUSLY: Smiley, Turner, Whiteside, Ames, LeDoux, and Sharratt. 14.C. ORDINANCES FOR INTRODUCTION — None. 14.D. OTHER ITEMS — None. 15. CITIZENS' COMMENTS The following spoke under citizen comments: • Patrick O'Donnell • Stephen Faust • Ron Kavanaugh 16. ASSEMBLY MEMBERS' COMMENTS • Assembly Member Turner had no comments. • Assembly Member Ames appreciated the people who came in and expressed their opinions. • Assembly Member Whiteside congratulated Borough Assessor Seema Garoutte for attaining her certification level. He thanked Borough Manager Aimee Williams for continuing to explore and identify cost efficient solutions to the problems that the Borough is experiencing. He also thanked everyone who came and made public comments. • Assembly Member LeDoux thanked those who commented and he recognized Assembly Member Turner for the tremendous work he does on the budget. He thanked Borough Assessor Seema Garoutte for the work she does. He emphasized the cost of living in Kodiak and the challenges that the community faces. • Assembly Member Smiley had no comments. • Assembly Member Sharratt congratulated Borough Assessor Seema on reaching her certification level 5. He encouraged everyone to run for the assembly. He emphasized that no idea should be marginalized, and everything should be discussed on the table. He thanked those who gave public testimony. Kodiak Island Borough March 7, 2024 Assembly Regular Meeting Minutes Page 3 of 5 Regular Meeting Minutes of March 7, 2024 Page 6 of 71 AGENDA ITEM #6.A. 17. EXECUTIVE SESSION A. Litigation Update Regarding Kodiak Area Native Association v. Kodiak Island Borough, Case No. 3 KO-21-57CI SMILEY moved to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(a) to discuss pending litigation to which the Borough is a party and to provide direction to the Borough Manager regarding that litigation. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Turner, Whiteside, Ames, LeDoux, and Smiley (AYES); Sharratt (NO). SMILEY moved to invite the Mayor, Assembly, Manager, Assessor, and Acting Borough Clerk into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Arndt recessed the regular meeting and convened the executive session at 8:48 p.m. Upon returning from the executive session, Mayor Arndt reconvened the regular meeting at 9:28 p.m. and announced no action was taken as a result of the executive session. B. Litigation Update And Discussion Regarding Claims Filed By Rebecca Nelson Against The Kodiak Island Borough And Bayside Fire Department SMILEY moved to convene into executive session to provide an update on the litigation filed by Rebecca Nelson against the Kodiak Island Borough. This matter qualifies for executive session per KIBC 2.30.030 (F)(1)(b) as a matter that the immediate public knowledge would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Whiteside, Ames, LeDoux, Smiley, and Turner (AYES); Sharratt (NO). SMILEY moved to invite the Mayor, Assembly, Assembly, Borough Manager, and Acting Borough Clerk into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Arndt recessed the regular meeting and convened the executive session at 9:30 p.m. Upon returning from the executive session, Mayor Arndt reconvened the regular meeting at 9:41 p.m. and announced no action was taken as a result of the executive session. Kodiak Island Borough March 7, 2024 Assembly Regular Meeting Minutes Page 4 of 5 Regular Meeting Minutes of March 7, 2024 Page 7 of 71 18. ADJOURNMENT AGENDA ITEM #6.A. SMILEY moved to adjourn the meeting at 9:41 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Kodiak Island Borough March 7, 2024 ATTEST: Nova M. Javier, Borough Clerk Assembly Regular Meeting Minutes Page 5 of 5 Regular Meeting Minutes of March 7, 2024 Page 8 of 71 AGENDA ITEM #11.A. Kodiak Island Borough OFFICE of the MANAGER TO: Kodiak Island Borough Assembly FROM: Aimee Williams RE: Manager's Report, March 21, 2024 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 Manager's Department Alaska Aerospace — There has been a delay in the decision to reissue the Interagency Land Management Assignment (ILMA) to Alaska Aerospace Corporation for the Pacific Spaceport. On Wednesday, March 20, 2024, a five-year extension of the current authorization was finalized. Please see the attached public notice of extension. Tsunami Alarm — NOAA's National Weather Service and the National Tsunami Warning Center, the Alaska Division of Homeland Security and Emergency Management, and the Alaska Broadcasters Association will conduct a test of the tsunami warning communications system on Wednesday, March 27, at approximately 10:20 a.m. Alaska Daylight Time in coastal areas of southern Alaska. Coastal communities from Southeast Alaska, the Gulf of Alaska, Kenai Peninsula, Kodiak Island, to the Aleutian and Pribilof Islands will participate in the test. The test is scheduled as part of Alaska's Tsunami Preparedness Week (March 24-30, 2024), and on the 60th anniversary of the Great Alaska Earthquake and Tsunami of 1964. Emergency Planning — • Met with Nici English from Texas A&M Engineering Extension Service (TEEX) which delivers training from the Emergency Services Training Institute about getting the senior management training here in Kodiak on June 10 — 11, 2024. • We are on their schedule for 9AM — 3:30PM on June 10th and 9AM — 1:30PM on June 11th. Training will be held at Bayside Volunteer Fire Department. • 1 would also like to revisit the idea of a shared Emergency Manager with the City of Kodiak. Please see the attached letter from March of 2023 from the Chief of Police outlining the duties of this position. Page 9 of 71 AGENDA ITEM #11.A. Island Trails Network — ITN and the Kodiak Chamber of Commerce held a Business After Hours event last night to officially launch a project that they are calling the "Kodiak Short Trail." There is a map attached to the packet to show you their plan for this multi- use trail. Congressionally Directed Spending — Our federal lobbyist, Sebastian O'Kelly followed our Federal CIP List directive and added a $7.5 million request for engineering and design for the hospital project as was approved in our federal CIP list. Short Term Rentals (STR) — The Community Development Director and I both attended the Alaska Municipal League workgroup this morning to discuss the possibilities / opportunities around collecting taxes from and enforcing rules around STRs. AML is looking at a statewide registration process and the ability to collect accommodation taxes directly from services like Airbnb and VRBO. KIB Website — We are about to start a redesign of the KIB website. There are planned additions of a frequently asked questions page, more information about the solid waste contract and waste disposal options, and navigation upgrades. We are also looking to see which processes can be automated with a focus on being able to provide more services to our communities that are off the road system. Touch Tank — New hours started on Tuesday of this week. The touch tank will be open on Tuesday and Thursday from 12PM — 4PM. Job Openings— General Accountant (Finance) and Project Manager (E&F) Upcoming Work Session Topics — • March 28th — Procurement process and procurement code, Budget Review of Emergency Preparedness, Buildings & Grounds, and Engineering and Facilities • April 11th— Use of KIB Land Upcoming Travel — • PWSRCAC — April 30th — May 3rd (Assessing Director will sit at Manager's Desk for the May 2nd Regular Meeting) • Vacation — May 8-10, 2024 (E&F Director will sit at the Manager's Desk for the May 9th Work Session) Community Development Planning & Zoning Commission —The Commission held its regular meeting on March 20, 2024; a subdivision case and the Title 17 amendments related to ADUs were heard. Multi -Jurisdiction Multi -Hazard Mitigation Plan Update — The public kickoff meetings on April 2 (Zoom meeting) and April 23 in the Assembly Chambers at 6 PM are scheduled. Community Development staff has been actively advertising for the Page 10 of 71 AGENDA ITEM #11.A. meetings; additional information can be found on the website: https:Htinvurl.com/2024kibhm AML Short -Term Rental Working Group — On March 21, 2024, Nils Andreassen discussed with the working group potential assistance from AML related to tax collection for short-term rentals and would also assist in identifying properties that are short-term rentals. This assistance would be similar to the sale tax collection assistance that AML currently offers to members. Related to short-term rentals, the City of Anchorage adopted an ordinance that requires all short-term rentals to be licensed. Earlier this year the City and Borough of Juneau passed an ordinance that requires all short-term rentals to be registered. Annual Integrated Economic Survey (AIES) — The U.S. Census Bureau has officially launched its newest survey, the AIES includes the survey of approximately 370,000 businesses across the country. This is a new survey that will provide key measures of economic activity, including the only comprehensive national and subnational data on business revenues, expenses, and assets on an annual basis. More information on the AIES can be found at Annual Integrated Economic Survey (AIES). Parks and Recreation Committee — The Committee's next meeting is scheduled for March 26, 2024, at 11 AM. Assessing Department Appeal Period - March 1 through 29 is appeal period for those Notice of Values. Assessing. Staff has been busy with seeing taxpayers and helping everyone understand the process. Current Projects - • Property cleanup for Tyler Conversion o Tyler Requests for Conversion information currently is critical reports used by Assessing Exemptions - 4 new exemption applications were received by the Jan. 15 deadline for 2024 for either non-profit religious or charitable uses. (KANA Marketplace, KCHC, Alutiiq Museum and Calvary Baptist Church Bells Flats) Upcoming Travel — Director Vacation — May 15-31, 2024 Page 11 of 71 AGENDA ITEM #11.A. Finance Department Property Taxes — • Real Property: One year redemption period starts April 12tH • Personal Property: Borough staff has posted delinquent notices at personal property locations and is preparing the small claims documents for the court. Staffing — We are still advertising for an accountant position. Engineering and Facilities HFAB — Hospital Facilities Advisory Board — The next scheduled meeting is April 15, 2024. A PKIMC / KIB staff meeting has been held 3/21/2024 to review and update the R&R List as required by the lease agreement. Old Mental Health Facility — Sampling delayed by environmental firm. These tests will be required to proceed with decision making as to the disposition of the facility. PKIMC — • Elevator Upgrade Project has been withdrawn for the development of additional required scope per the State of Alaska Elevator Inspector. Staff has notified the registered bidders. • Providence Real Estate staff is continuing with the scoping of maintenance and replacement equipment and systems at the hospital facility. Solid Waste Contract Committee —The committee members and the staff reviewed and discussed the additional requested changes as submitted by the contractor. Suggested language will be altered to identify the acceptable language more clearly. April 16, 2024, at 1:OOpm in the KIB Conference Room is the next scheduled meeting. Landfill — • Denali Commission Funding — The joint application with KANA was turned into the Denali Commission today. If awarded, KIB will receive $250,000 to be used towards a new Solid Waste Management Plan. • Baler Facility Tipping Floor - Wear Floor Area is being reviewed and new drawings with demolition specification are being produced by PND Engineering Group. Possible new concrete mix design will be recommended for longevity. o A temporary patch material has been applied to fill in the worn areas to avoid impact with the existing reinforcing bars. Page 12 of 71 AGENDA ITEM #11.A. • Equipment Grant - Staff has applied for the AML Heavy Equipment, Road Maintenance and Municipal Facilities Grant. Staff applied for a skid steer loader and two dump trucks. KFRC- • Discharge Permit — Permit is in place. Staff has begun sampling, testing, and documenting required results. Documents have been shared with GSA for review and to prepare for a meeting to discuss the potential for funding as an R&R Project. • Long Technologies technician is scheduled to be on site April 1st through the 5th This onsite review will define required updates for programming and hardware as needed. KIBSD — • Middle School Elevator Upgrade has been withdrawn to clarify the scope of work after discussions with the State of Alaska Elevator Inspector. Discussions with the Building Officials is underway. The RFP will be reissued when clarifications are completed. East Roof Proposal Package — Design Work has been ordered. • North Star Roof Replacement and Skylight Replacement — The architect is interacting with the engineering firm to confirm the alternatives for the removal of or modification of the existing skylight is structurally sound without additional interior support or alteration. Updates will be provided to the costs once the new section costs are received. • Petersen Roof — Regular bi -monthly meetings are continuing. A site meeting was conducted on 3/20 to verify dimensions and measure a roof hatch for ordering. Anticipate on site work to begin in late April 2024. Weather dependent. Leachate Treatment Plant — The contractor and engineering firm are attempting to rectify the lack of meeting the gallons per minute of the associated new pumps. Concrete floor repair is anticipated to begin the week of March 25th. Discussions are ongoing. Long Term Care — Spill costs have been forwarded to Providence and fees are being figured out by KIB and Providence financial directors. Lease requires discussion and negotiation. Borough Building — The project work has restarted after communication with the prime contractor. Staff will monitor progress and request structured meetings be held regularly through the project completion. Contractor is working on the punch list items. Asphalt patching required cannot be completed until summer of 2024. Page 13 of 71 AGENDA ITEM #11.A. Sargent Creek Park Equipment — Procurement is scheduled to be voted by the assembly on April 4, 2024. Architecture Review Board — No meeting is currently scheduled. New Employee — Danielle Steffensen has begun work with our staff. She has been tasked with a scanning project and assistance with various E/F staff coverage. Welcome Danielle. Upcoming Travel — Director Vacation — April 8-26, 2024 IT Department Exchange 2019 Upgrade — IT is working on upgrading our Exchange on premise server to 2019 and migrating it and the Borough mailboxes to a new resource Forest named kibresource.org. Rename kib.local to kodiak.us — IT is researching a project to rename the kib.local Microsoft Windows forest to kodiakak.us — this will align our systems with Microsoft best practices and provide a solid foundation for subsequent additional infrastructure and security measures. — currently in the early testing phase. GIS- Aggregating and simplifying tools for Borough and public use: Working on moving archival data to current GIS website for backwards compatibility. ii. Working on the Parcel Fabric (Basically making the parcel lines more accurate to reality through a long arduous process) iii. Assisting Community Development with data for their Comprehensive plan. iv. Working on Documentation of our GIS Data and what's critical/how we edit it/why we edit it in this way. V. Working on Identification of Missing Parcel IDs within our system. vi. Continuing with his project to Identify, organize and standardize our GIS data. Network Security - Ongoing efforts to improve overall network security. Active directory accounts review Active Directory reorganization iii. Group policy review iv. Network device vulnerability scanning Page 14 of 71 AGENDA ITEM #11.A. V. System Patch policy and enforcement vi. SSH and other access methods checked for security issues Office 365 Training and Deployment - Microsoft Teams will be rolled out for communication use. Security Audit Grant – IT is preparing for a security audit of the KIB systems that will be paid for via a grant via the State of Alaska Statewide Cybersecurity Strategic Plan (SCSP). This requires that we create an RFP for the security assessment. We are also working on applying for a second round of funding from the SCSP which is due by the end of March. This funding if awarded would fund follow up security resources such as servers, firewalls etc. Firewall Assessment — currently the Borough is not using the latest generation firewall technology (which are application aware) to protect its public facing assets such as the Borough web site and other infrastructure resources. IT is currently assessing the costs and feasibility of upgrading them (PFSense) to a Next Generation Firewall (NGFW) VPN Assessment — looking at improving the stability and usability of the Client VPN technology implemented at the Borough. Ideally the VPN technology will be automatic, and able to be used behind remote unmanaged firewalls. Win911 Review – IT is also working with Jacobs Engineering and our Engineering & Facilities Department to review and update if needed our Win911 system. Training and Skills – IT is working on improving our overall skills by pursuing certifications: Training (CCNA, PowerShell, Microsoft Hybrid Server, MSSQQ Page 15 of 71 March 14, 2023 AGENDA ITEM #11.A. _ City of Kodiak Post Office Box 1397, Kodiak, Alaska 99615 Dear [Mayor -City Council/Borough Assembly], We are writing to express our strong belief in the benefits of having an emergency manager for our community. As we all know, emergencies and disasters can strike at any time with devastat- ing consequences. Having a dedicated emergency manager in place would help the community respond quickly and effectively. An emergency manager is a trained professional who is responsible for overseeing emergency preparedness and response efforts. This individual would work closely with City and Borough officials, first responders, and other stakeholders to develop and implement emergency plans and procedures. In the event of an emergency, the emergency manager would be responsible for coordinating the response efforts and ensuring that resources are allocated efficiently. The benefits of having an emergency manager in our community are numerous. An emergency manager can help to identify potential hazards and develop strategies to mitigate risks. By proactively addressing potential threats, we can reduce the likelihood of an emergency occurring and minimize the impact if one does occur. An emergency manager can help to ensure that our emergency response efforts are efficient and effective. By having a trained professional in charge of coordinating the response, we can ensure that resources are allocated appropriately and that all stakeholders are working together towards a common goal. An emergency manager can help build public confidence in our emergency preparedness efforts. By having a visible and dedicated professional in charge of emergency preparedness and re- sponse, our residents can feel confident that their elected officials are taking the necessary steps to keep them safe. Some key responsibilities of this position include: Manage State Reporting and Grant Programs: • Whole Community Input Form (annual requirement) • Alaska Assessment (annual requirement) • Integrated Preparedness Planning (a 3 year training plan - Borough wide training for both government and civilians - ICS training, shelter training, etc.) The IPP is tied to the Na- tional Preparedness Plan and 5 mission areas. 32 activities • Tsunami Readiness (needs renewed every 4 years ours expires) Telephone (907) 486-8636 / Fax (907) 486-8633 rnayor@city.kodlak.ak.us Page 16 of 71 AGENDA ITEM #11.A. • Grant writing. coordination — State Homeland Security Program (SHSP); and Emergency Ntanagement Performance Grant (EMPG); and other hazard mitigation grant opportuni- ties such as Building Resilient Infrastructure and Communities (BRIC). 2. Community Emergency Operations Plan (EOP) • Keep the EOP updated (Required every 3 years - ours is from 2018) • State of Alaska is moving to regional EOPs — we will need to consider adding the villages • Collaboration between City and Borough (and villages) • Liaison for E-911 and EMS services outside City limits • Liaison for service districts with volunteer fire departments utilizing City radio infra- structure • Community collaboration efforts — training and exercises • Organize a Community Emergency Response Team (CERT) - New State funding oppor- tunities 3. LEPC Coordinator — LEPC no longer receives any State funding • Tier II reporting and placarding requirements - community right to know • Tribal/village representation In conclusion, we strongly believe that the implementation of an emergency manager position in our community would be a wise investment. We urge you to consider this proposal and take the necessary steps to ensure that our community is adequately prepared for any emergency. Thank you for your attention to this matter. Sincerely, Page 17 of 71 AGENDA ITEM #11.A. ISLAND TRAILS NETWORK presents WATERFRONT 11111�II�III IIII SECTION 7 NOK LAND ��II�I��II�IIII� SECTION 7 - USCG TOM ST -LES RD k KODIAK SECTION S • SHORT SECTION $ BURMA RD TRAIL t�lllllllil�� FRE EX STING TRAIL ��II��I�IIIIII SECTION 1 • WATERFRONT 11111�II�III IIII SECTION 7 NOK LAND ��II�I��II�IIII� SECTION 7 - USCG TOM ST -LES RD SECTION 4 USCG BUSKIN TO BASE SECTION S • USCG TSUNAMI EVAC SECTION $ BURMA RD CITY OF KODIAK FERRY TERMINAL ROTARY LOOKOUT CG NEMETZ PARK CG AVIATION HILL BURMA RD B E L L S F L A T S _i - BUSKIN RIVER STATE PARK AIRPORT PETERSON ELEM. COAST GUARD BASE FORT ABERCROMBIE TRAILS Gr "LR ..c'T�3' •i. L.t �.: ''�:1 L _ Y -L li`6 C7r �. NETWORK Page 18 of 71 AGENDA ITEM #11.A. TEXAS A&M ENGINEERING IZAMWX EXTENSION SERVICE SENIOR OFFICIALS WORKSHOP FOR ALL -HAZARDS PREPAREDNESS MGT -312 This workshop provides a forum for local or regional executives to share strategies and coordinate plans for emergency preparedness and response. This workshop is an efficient process for discussing executive -level issues with leaders from the agencies involved in all levels of the emergency management structure. The expected outcome: Executive and administrative staff, responder chiefs/department heads and infrastructure and resource leaders sharing a common perspective and an understanding of the challenges they will face in times of crisis. Training level: Management and Planning Venue: This workshop is typically delivered at a time and place determined by the requesting jurisdiction. Each workshop, including site and curriculum delivery costs, is fully funded through DHS/FEMA's Homeland Security National Training Program. Course Length: 1 Day (6 hours) Workshop Topics: • Roles and responsibilities and preparedness challenges • Domestic preparedness resources and how to leverage them for your community • Homeland Security Strategic Planning as it relates to risk and needs assessment and the Emergency Operations Plan (EOP) for your jurisdiction • Executive -level incident response and recovery considerations, including medical/public health, situational appraisal, incident management (ICS), mutual aid agreements, media relations, recovery and restoration processes, Federal assistance, and business/economic recovery • Includes a practical exercise tailored for the jurisdiction(s) as the catalyst to generate discussion of policy and emergency operations center activities required to support the incident commander's and state/federal government requirements related to an all -hazard, catastrophic incident Continuing Education Credits: IACET - 0.6 CEUs For more information, contact: TEXAS A&M ENGINEERING EXTENSION SERVICE Steve Kelm, Training Manager, Executive Programs 200 Technology Way College Station, Texas 77845-3424 979.458.5646 or 855.245.1614 (toll free) Steven.Keim@teex.tamu.edu www.teex.org/esti Course Materials: Participants receive an executive handbook on all - hazards preparedness. This reference book contains chapters on: • The importance of all -hazards preparedness and the "right" questions to ask during an emergency situation • The National Response Framework • Local Government Partner Guides • ESF and Support Annexes • Working with the media Overviews of: the Stafford Act Support to States; DOD Support to Domestic Incidents; and Federal Support in Non -Stafford Act events Participants: This workshop is intended for elected and appointed senior officials from a local jurisdiction, but may also include executives from other community entities, both public and private, that are likely to be involved in a disaster response, including: • Directors of local response agencies • Chiefs of departments: fire, law, EMS, HazMat, public works, water, public health, health care, emergency management, governmental administrative disciplines/services • Public Information Officers • Resident federal agency representatives (FBI, BATF, Secret Service, FEMA, TSA) • CEOs of hospitals, college and university representatives, school district superintendents . Airport and port facility managers • DoD installation commanders and representatives • Stadium and sports facility managers and directors of security Class Size: Approximately 30 participants Page 19 of 71 March 20, 2024 THE STKIT 01ALASKA GOVERNOR MIKE DUNLEAVY Department of Natural Resources DIVISION OF MINING, LAND & WATER Southcentral Regional Land Office PUBLIC NOTICE OF EXTENSION ADL 226285 Alaska Aerospace Corporation Pacific Spaceport Complex - Alaska 550 West 7th Avenue, Suite 900C Anchorage, Alaska 99501-3577 Main: 907.269.8503 TTY: 711 or 800-770-8973 Fax: 907.269.8913 Subject to AS 38.05.020(b)(2) and the Alaska Land Act, the Department of Natural Resources, Division of Mining, Land and Water, Southcentral Regional Land Office has issued an extension for the following: APPLICANT: Alaska Aerospace Corporation PROJECT NAME: ADL 226285 GEOGRAPHIC LOCATION: Located near Narrow Cape on Kodiak Island, Alaska. AUTHORIZED EXTENSION: A five-year extension effective beginning May 18, 2024 through May 17, 2029. All other terms and stipulations of the ILMA remain the same through this extension period. Questions concerning this extension should be directed to Jay Rokos, Telephone: 907-334-2542; Fax: 907-269-8913 or e-mail: dnr.scro.easements@alaska.gov. Individuals with audio impairments who have questions concerning this public notice should contact Alaska Relay at 711 or 800-770-8973 for TTY services. DMLW reserves the right to waive technical defects in this notice. Page 1ofI Page 20 of 71 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 21, 2024 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2023-03B A Island Borough Amending The Schedule And Central Filing SyE Department Records Series ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: Move to adopt Resolution No. FY2023-03B. DISCUSSION: AGENDA ITEM #14.8.1. Resolution Of The Assembly Of The Kodiak Kodiak Island Borough Records Retention tem To Reflect Amendments To The Finance The Borough Clerks office has determined the need to revise the current retention schedule to comply with and consider recent and existing laws and regulations, reflect industry best practices, update cross referenced Borough Code sections, and to meet the present needs of the Finance Department. The revisions to the current retention schedule for Borough records set out in this resolution is limited to those in the Finance Department category, and the remaining categories of records will keep the same retention schedule previously approved until changed by a future resolution. The last comprehensive amendment which included all departments was done in 2014 through Resolution No. 1995-01 H. Our goal is to continue working on comprehensive updates to the retention schedule by reflecting the current practices in the office. These changes were reviewed by the Borough Attorney. Changes to the Finance Retention Schedule are reflected in Exhibit B. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2023-03B A Resolution Of The Assembly Of The Kodiak Isl... Page 21 of 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 AGENDA ITEM #14.6.1. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2023-03B 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 FINANCE DEPARTMENT RECORDS SERIES WHEREAS, Kodiak Island Borough Code 2.40.120 provides for a records management program creation and administration; and WHEREAS, staff determined the need to revise the current retention schedule to comply with and consider recent and existing laws and regulations, reflect industry best practices, update cross referenced Borough Code sections, and to meet the present needs of the Finance Department; and WHEREAS, the Borough Deputy Clerk, serving as the records administrator, consulted with the Finance Director and the Borough Attorney to finalize the proposed amendments to the Finance Department records series; and WHEREAS, the Assembly finds that it is in the best interests of the Kodiak Island Borough to amend the Record Retention Schedule adopted by Resolution 1995-01, and most recently amended by Resolution No. FY2018-26, to reflect changes in Borough operations and records storage by the Finance Department. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Borough Assembly adopts Exhibit "B" which reflects revisions to the Finance Department records series and incorporates Exhibit B in the Records Retention Scheduled to replace the prior Finance Department records series retention schedule. The remainder of the Borough Records Retention Schedule, as approved up through Resolution No. FY2018-26, remains unchanged. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2024 KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor VOTES: Ayes: Noes: Resolution No. FY2023-03B ATTEST: Nova M. Javier, MMC, Borough Clerk Page 1 of 1 Resolution No. FY2023-03B A Resolution Of The Assembly Of The Kodiak Isl... Page 22 of 71 m cn 0 c 0 Z 0 N N W O W W D (D U) 0 c 0 O zr CD D Cn m 0- 1< O CD 7 0 a v 77 a FINANCE - FI SERIES RECORD SERIES TITLE & DESCRIPTION RETENTION FORMAT DISPOSITION & REMARKS FI -01 ACCOUNTING REPORTS/ACCOUNTS PAYABLE — CPO REPORTS ONSITE: 3 YEARS PAPER XREF: Annual report of cash receipts -detailed register, cash in bank report, revenue report, detailed CENTER: PERMANENT KIBC 3.16 statement of expenditures, summary of expenditures - specify fund. of the time, this report is run ;+ will be saved to tape and the tape transferred to the reGGMS GeAteF fOF GOnver-sion to rniMfoFm %r permanent and offsite sterane TOTAL: PERMANENT FI -02 GENERAL CORRESPONDENCE ONSITE: 3 YEARS PAPER Original incoming and copies of outgoing letters and memoranda related to the general CENTER: 0 administration and operation of the agency. Includes the following types of correspondence: TOTAL: 3 YEARS intra/inter-departmental, legislative, professional association, steering committees, and public. FI -03 BUDGET PROCESSING ONSITE: 3 YEARS PAPER XREF: Budget worksheet - revenue, budget worksheet -expenditure, current budget -revenue, current CENTER: 0 KIBC 3.01.02 budget expenditure. Development of Department operating and capital budgets prior to TOTAL: 3 YEARS presentation to local governing body. Includes budget instructions, submissions, backup documentation, cost allocations, annual estimates of revenue and amendments. (Final approved budgets and amendments are retained permanently) (IAW Alaska State archives guidelines.) FI -04 GENERAL LEDGER -CPO REPORTS ACCOUNTING REPORTS ONSITE: 1 YEAR PAPER XREF: Year-to-date general ledger activity report, balance sheet activity report, balance sheet - regular CENTER: PERMANENT KIBC 3.10 paper system initiated in 1979. At the time, this report 06 run it will he saved to tape and the tape TOTAL: PERMANENT FI -05 SHORT REPORTS — CPO REPORTS ONSITE: 1 YEAR PAPER XREF: CPO reports not named elsewhere in the schedule generated for temporary internal use. These CENTER: 1 YEAR KIBC 3.08 records have no retention value. TOTAL: 2 YEARS FI -06 JOURNAL VOUCHERS - ACCOUNTING REPORTS ONSITE: 2 YEARS PAPER XREF: CENTER: 5 YEARS KIBC 3.00 TOTAL: 7 YEARS FI -07 PROPERTY TAX ACCOUNTING ONSITE: 1 YEAR PAPER XREF: Tax billing, payments, adjustments, and interest and penalties calculations. Monthly reports. CENTER: 6 YEARS KIBC 3.20 Amended/Deleted by R1995 -01C TOTAL: 7 YEARS m cn 0 c 0 Z 0 N O N W 0 w W D (D U) 0 c 0 O zr m D Cn Cn m a O m 7 0 a w 77 a v cn N 0 FI -08 PROPERTY TAX — CPO REPORTS; PAPER Amended/Deleted by R1995-01 C. FI -09 PROPERTY TAX - TAX FORECLOSURE ONSITE: 1 YEAR PAPER XREF: Documents foreclosures and includes delinquency reports, billings, petition of judgment, certified CENTER: 9 YEARS KIBC 3.20 mailings, final judgments and certificates of redemption. Amended/Deleted by R1995-01 C TOTAL: 10 YEARS FI -10 PROPERTY TAX — CPO REPORTS; MOTGATE HOLDERS LIST; PAPER Amended/Deleted by R1995-01 C. FI -11 UTILITY MONTHLY REPORTS PAPER Deleted by R2023 -03B. FI -12 UTILITY MONTHLY REPORTS; DUPLICATE OF FI -11; PAPER Amended/Deleted by R1995-01. FI -13 ACCOUNTS PAYABLE ONSITE: 2 YEARS PAPER XREF: Copies of invoices, checks issued and requests for payment. CENTER: 5 YEARS KIBC 3.16 TOTAL: 7 YEARS FI -14 ACCOUNTS RECEIVABLE - CASH RECEIPTS ONSITE: 1 YEAR PAPER XREF: Second copy of cash receipts filed. Filed in folders by month. CENTER: 6 YEARS KIBC 3.10 TOTAL: 7 YEARS FI -15 DAILY RECEIPT RECORDS ONSITE: 2 YEARS PAPER XREF: Cash receipts filed in daily business envelope w/bank deposit slips remit advice portion of checks, CENTER: 5 YEARS KIBC 3.10 utility bills receipts, mortgage payments received and imported and printout of tax payments. TOTAL: 7 YEARS FI -16 ANNUAL EXTERNAL AUDITS ONSITE: 2 YEARS PAPER XREF: Audits of Borough financial administration and related financial receipts. CENTER: PERMANENT KIBC 3.04 Archival and historically valuable. From BC -07. TOTAL: PERMANENT FI -17 ANNUAL BUDGET ONSITE: 2 YEARS PAPER Laserfiche XREF: Copy of budget approved by Borough Assembly. Reference copies to Borough Clerk. From BC -10. CENTER: PERMANENT ELECTRONIC KIBC 3.08 MICROFILM and retain paper copy for archives. TOTAL: PERMANENT FI -18 BANK DEPOSIT BOOKS; CONTAINED IN FI -19; PAPER Amended/Deleted by R1995-01. FI -19 BANK RECONCILIATION STATEMENTS ONSITE: 2 YEARS PAPER XREF: Statements of account activity, reconciliation, and credit/debit notices. CENTER: 5 YEARS KIBC 3.10 TOTAL: 7 YEARS FI -20 BUDGET WORK SHEETS; DUPLICATE OF FI -03; PAPER Amended/Deleted by R1995-01. m cn 0 c 0 Z 0 N 0 N w 0 W W D (D U) 0 c 0 1 O m D Cn m a O_ m 7 0 a v 77 a FI -21 CANCELED CHECKS PAPER Deleted by R2023 -03B. FI -22 EMPLOYEE CASE FILES ONSITE: 1 YEAR PAPER CONFIDENTIAL XREF: Completed health and life insurance forms, duplicate of personnel actions and cafeteria plan CENTER: 6 YEARS KIBC 2.12 records (pre-tax deductions). Retention time begins with employee termination. TOTAL: 7 YEARS FI -23 FEDERAL DEPOSIT TAX STUBS ONSITE: 1 YEAR PAPER XREF: Semi-monthly, quarterly, and annual reports of payroll taxes withheld and paid to Federal CENTER: 6 YEARS KIBC 2.12 government. TOTAL: 7 YEARS FI -24 FIXED ASSETS INVENTORY ONSITE: 1 YEAR PAPER XREF: Listing of all real and property valued in excess of $500. CENTER: PERMANENT KIBC 3.04 Updated on ongoing basis. Retain year-end report. TOTAL: PERMANENT FI -25 GENERAL LEDGER ACCOUNTING REPORTS ONSITE: 3 YEARS PAPER XREF: Ledger containing accounting of all financial transactions for fiscal year. CENTER: PERMANENT KIBC 3.10 Transferred to CPO reports in 1979. ron FepO,46 , o.foa f„ r r„fA.m for per eRt and eff_site sterage. TOTAL: PERMANENT FI -26 INSURANCE POLICIES ONSITE: 1 YEAR PAPER Laserfiche XREF: Record copies of Borough liability and other types of insurance policies held by the Borough. CENTER: PERMANENT ELECTRONIC KIBC 2.12 Retention begins at expiration of policy. Current policies are in finance safe. TOTAL: PERMANENT FI -27 PAYROLL BACKUP RECORDS ONSITE: 1 YEAR PAPER XREF: Time sheets and vacation/sick leave slips. IAW Alaska Statutes. CENTER: 2 YEARS KIBC 2.12 TOTAL: 3 YEARS FI -28 PURCHASE ORDERS ONSITE: 2 YEARS PAPER XREF: Record of purchases made using purchase order process. CENTER: 5 YEARS KIBC 3.16 TOTAL: 7 YEARS FI -29 FEDERAL AND STATE EMPLOYMENT TAXES ONSITE: 1 YEAR PAPER CONFIDENTIAL XREF: Statements of employee earnings - W -2's; W -4's; FICA; PERS; 1096's, 1098's; and 1099's. CENTER: 6 YEARS KIBC 2.12 (IAW Alaska Guidelines.) TOTAL: 7 YEARS FI -30 PAYROLL ACCOUNTING REPORTS — CPO REPORT ONSITE: 1 YEAR PAPER XREF: Shows gross earnings, deductions, and net pay to each employee. CENTER: 49 YEARS KIBC 3.01 (IAW Alaska Statutes) TOTAL: 50 YEARS FI -31 BONDS - INVESTMENT RECORDS ONSITE: 1 YEAR PAPER Laserfiche XREF: Transcript of proceedings of general obligation bonds. CENTER: PERMANENT ELECTRONIC KIBC 3.01 Keep in original form. Archival history. TOTAL: PERMANENT FI -32 DEC REPORTS ONSITE: 1 YEAR PAPER XREF: Exxon reports/DEC CENTER: PERMANENT KIBC 3.12 TOTAL: PERMANENT m cn 0 c 0 Z 0 N 0 N w 0 W W D (D U) 0 c 0 O m D Cn m a O m 7 0 a ED 77 a FI -33 BALER MONTHLY ACCOUNTING REPORTS ONSITE: 1 YEAR PAPER XREF: Invoice reports; invoice copies; aging report; and copy of bills. CENTER: 6 YEARS KIBC 8.20 TOTAL: 7 YEARS FI -34 SANITATION MONTHLY ACCOUNTING REPORTS PAPER Deleted by R2023 -03B. FI -35 HOSPITAL ACCOUNTING RECORDS PAPER Deleted by R2023 -03B. FI -36 FUND INVESTMENT RECORDS ONSITE: 2 YEARS PAPER XREF: Includes buy/sell orders; confirmations; safekeeping advice and ledgers. CENTER: 5 YEARS KIBC 3.01 TOTAL: 7 YEARS FI -37 GRANT FILES ONSITE: 2 YEARS PAPER XREF: Official documents for receipt of grant funds from either State or Federal agencies. Combine with CENTER: 5 YEARS CONFIDENTIAL KIBC 3.01 department's grant files for records center retention. All grant related documents are retained for a TOTAL: 7 YEARS total of 7 years after the closing of the grant, or for the period stated within the grant agreement, whichever is longer. *Before destruction, review any records related to State or Federal Capital Grants for construction containing the obligation to repay. Any and all Grant agreements and related records for repayment must be retained for at least the duration of the repayment obligation period. FI -38 MENTAL HEALTH CENTER ACCOUNTING REPORTS PAPER Deleted by R2023 -03B. FI -39 SEVERANCE, TRANSIENT, EXCISE AND FISH TAXES ONSITE: 2 YEARS PAPER CONFIDENTIAL XREF: Severance timber, gravel and fish, transient accommodations, and marijuana and tobacco excise CENTER: 5 YEARS KIBC 3.45, tax forms filed with borough; quarterly schedules of revenues collected, and taxes remitted. TOTAL: 7 YEARS 3.70, & 3.80 Amended by R2018-26 FI -40 REQUESTS FOR PROPOSALS ONSITE: 1 YEAR PAPER XREF: Responses to request for proposals, not selected. Keep until annual audit is completed. CENTER: NO KIBC 3.16 TOTAL: 1 YEAR FI -41 SMALL CLAIMS LITIGATION ONSITE: 2 YEARS PAPER XREF: Proceedings from small claims court on behalf of the Borough. CENTER: 8 YEARS KIBC 2.24 Retention begins upon settlement. TOTAL: 10 YEARS FI -42 JE EDITS ONSITE: 1 YEAR PAPER XREF: Cash receipts; check register by detail; check register by check number; manual/void checks; CENTER: 1 YEAR KIBC 3.10 purchase orders; invoice input edit list. Work papers/information for annual audit. TOTAL: 2 YEARS 11 m cn 0 c 0 Z 0 N 0 N w 0 W W D (D U) 0 c 0 O ZY m D W Cn m a O m 7 0 a v 77 a FI -43 SCHOOL DISTRICT ACCOUNTING RECORDS ONSITE: 1 YEAR PAPER XREF: Central treasury monthly reconciliations. CENTER: 6 YEARS KIBC 3.10 TOTAL: 7 YEARS FI -44 LEGAL CORRESPONDENCE ONSITE: INDEFINITE PAPER CONFIDENTIAL XREF: Correspondence regarding collections, etc. Note FI -41, OM -04 and BC -26 for archival storage. CENTER: NO KIBC 2.24 TOTAL: INDEFINITE FI -45 LAND SALE PAYMENTS ONSITE: 1 YEAR PAPER XREF: Content summary: CENTER: 6 YEARS KIBC 3.04.055 Amended/Deleted by R1995 -01A TOTAL: 7 YEARS FI -46 BOROUGH LICENSE, MARIJUANA ONSITE: 6 YEARS PAPER XREF: Marijuana license applications and back-up information. This series includes the name and address CENTER: 0 KIBC 5.02 of licensee, documentation relating to the type of business to be conducted, the address at which TOTAL: 6 YEARS SR 14.1 the business is conducted, the license number, and the year for which the license is issued. Note: The documentation for the State licensing process for marijuana businesses are filed in the Clerk's Office in Series BC -43. Instituted by R2018-26 FI -47 MEDICAL HISTORY EMPLOYEE MEDICAL RECORDS / WORKMAN'S COMPENSATION FILES ONSITE: PERMANENT PAPER CONFIDENTIAL XREF: Medical history of each Borough employee including on-the-job accident or illness/medical reports, CENTER: 0 KIBC 2.15 lost time documentation. May also include correspondence to/from claims adjusters, private TOTAL: PERMANENT PM1101 attorneys, accident reports and payment orders. AS40.25.120 Previous Series PE -05 PERSONNEL JACKETS, MEDICAL HISTORY 29 Added by: R2018-26 CFR1910.1001 FI -48 TRAVEL ACCOUNTING ONSITE: 3 YEARS PAPER XREF: Travel Authorizations and backup documentation for all Borough -related travel. CENTER -0 KIBC: Added by: R2018-26 TOTAL: 3 YEARS FI -49 POPULAR REPORT ONSITE: 1 YEAR PAPER Laserfiche XREF: Annual financial report distributed to general population. CENTER: PERMANENT ELECTRONIC KIBC: Added by: R2018-26 TOTAL: PERMANENT FI -50 TAX LEVY PROCESS ONSITE: 3 YEARS PAPER XREF: Lists or other data of real property assessed for taxes, showing taxpayer name and address, parcel CENTER: 3 YEARS KIBC number, location and legal description of property, number of acres, value, assessed valuation, TOTAL: 6 YEARS total amounts due, and dates. FI -51 SPECIAL TAX ASSESSMENT PROCESS ONSITE: 3 YEARS PAPER XREF: Lists or other data of real property assessed for billing and collection with any applicable records CENTER: 3 YEARS KIBC showing parcel numbers, taxpayer name and address, total amount(s) due, and date(s) TOTAL: 6 YEARS AGENDA ITEM #14.6.2. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 21, 2024 4 ' �s ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2024-15 Approving The Native Village Of Karluk And The Karluk IRA Tribal Council As An Unincorporated Community For Participation In The FY25 Community Assistance Program ORIGINATOR: Dora Cross, Finance Director RECOMMENDATION: Move to adopt Resolution No. FY2024-15. DISCUSSION: This is an annual resolution which certifies the Native Village of Karluk as an unincorporated community of the Kodiak Island Borough and confirms they meet the Community Assistance Program eligibility criteria established under AS 29.60.865 - AS 29.60.879 and 3 AAC 180.110. The Assembly is certifying two of the State's programs criteria: a minimum population of 25 and that at least three of seven listed services are provided to residents. Proof that those criteria have been met are attached. The Department of Commerce, Community, and Economic Development (DCCED) statement that they have determined the population of The Native Village of Karluk at 28 residents, and A signed Requirement and Certification Application from the Karluk IRA Tribal Council indicating they provide three of the seven listed services. ALTERNATIVES: FISCAL IMPACT: $0 fiscal impact to the Borough since this is pass through money from the the State of Alaska; however, an estimated $15,789 fiscal impact for the Native Village of Karluk. OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2024-15 Approving The Native Village Of Karluk And The ... Page 28 of 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 AGENDA ITEM #14.6.2. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2024-15 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPROVING CERTAIN UNINCORPORATED COMMUNITIES AND THEIR RESPECTIVE NATIVE VILLAGE COUNCIL AND/OR INCORPORATED NONPROFIT ENTITY FOR PARTICIPATION IN THE FY2025 COMMUNITY ASSISTANCE PROGRAM WHEREAS, AS 29.60.865 and 3 AAC 180.010 require the assembly of a borough or unified municipality to adopt a resolution identifying those unincorporated communities located within their municipal boundaries that the assembly determines meet the Community Assistance Program eligibility criteria established under AS 29.60.865, AS 29.60.879, and 3 AAC 180.110; and WHEREAS, the unincorporated community has either a Native village council or incorporated nonprofit entity that will agree to receive and spend the Community Assistance payment for the public benefit of the unincorporated community; and WHEREAS, the unincorporated community has 25 or more residents residing as a social unit; and WHEREAS, at least three of the following services: fire protection, emergency medical, water and sewer, solid waste management, public road or ice road maintenance, public health, and search and rescue; are generally available to all residents of the unincorporated community and each of the three services, in any combination, are provided by one or more qualifying Native village council or incorporated nonprofit entity or are substantially paid for by the residents of the unincorporated community through taxes, charges, or assessments levied or authorized by the borough or unified municipality. NOW, THEREFORE, BE IT RESOLVED THAT the Assembly of the Kodiak Island Borough, by this resolution, hereby certifies that the following unincorporated communities and their respective Native village council or incorporated nonprofit entity are eligible for funding under the FY25 Community Assistance Program. Unincorporated Community Native village council or nonprofit entity Native Village of Karluk Karluk IRA Tribal Council ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2024 KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor VOTES: Ayes: Noes: Resolution No. FY2024-15 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 1 of 1 Resolution No. FY2024-15 Approving The Native Village Of Karluk And The ... Page 29 of 71 AGENDA ITEM #14.6.2. Dora Cross From: Reese, Lindsay 1 (CED) <lindsay.reese@alaska.gov> Sent: Monday, February 12, 2024 10:50 AM To: Dora Cross Subject: RE: Kodiak Island Borough - CAP application - Karluk Good morning Dora, The population estimate for Karluk is 28. Please let me know if you have any questions. /Kdsay lew. Grants Administrator 2 SOA, DCCED, DCRA 907-269-7906 550 W. 7"' Ave Ste 1650 Anchorage, AK 99501 From: Dora Cross <dcross@kodiakak.us> Sent: Monday, February 12, 2024 10:34 AM To: Reese, Lindsay J (CED) <lindsay.reese@alaska.gov> Subject: Kodiak Island Borough - CAP application - Karluk CAUTION: This email originated from outside the State of Alaska mail system. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, We have an unincorporated community, Karluk, and the CAP application letter does not indicate what population number you have for the community. Can you please provide me that number? Thank you, Dora Cross Finance Director Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 907.486.9320 PUBLIC RECORDS DISCLOSURE: This email and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. Resolution No. FY2024-15 Approving The Native Village Of Karluk And The ... Page 30 of 71 AGENDA ITEM #14.6.2. FY 2025 COMMUNITY ASSISTANCE PROGRAM REQUIREMENTS AND CERTIFICATION UNICORPORATED COMMUNITY APPLICATION SUBMISSION DEADLINE: MARCH 21, 2024 NAME OF Communiry CONTACT NAME Native Village of Karluk, Karluk IRA Tribal Council j_ r- f MAILING ADDRESS CONTACT EMAIL ADDRESS Po Box xx x4r�le r t c� L etv I, euM CITY. STATE. ZIP CODE CONTACT PHONE & FAX NUMBER Karluk. AK 996118 f) -� Z ( Z Z 32) ACKNOWLEDGE THE REQUIREMENTS BY CHECKING OR INITIALING EACH BOX: ZThe community assistance payment will be used only for a public purpose as required under AS 29.60.850(a) and the unincorporated community agrees to make available a service or facility with the funds under AS 29.60.855 - 29.60.879 to every person in the community. The unincorporated community will maintain, as required by 3 AAC 180.010 (4), all records relating to receipt and expenditure of a community assistance payment for at least three years, or longer if there is an unresolved audit finding, questioned costs, litigation or agrievance. � 7A statement of expenditures of the prior year's community assistance payment and a budget form for current year's application. List of Services (minimum of three required): ,I�� Fire Protection Emergency Medial Water and Sewer Solid Waste Management CERTIFICATION: Public Road or Ice Road Maintenance Public Health ! Search and Rescue As the highest ranking official, I certify the Karluk IRA Tribal Council understands the (Name of unincorporated Commtenin) requirements forreceiving the community assistance payment and agrees to comply with all laws and regulations governing the community assistance funds. nature Printed arae and Title 5/// Dale Resolution No. FY2024-15 Approving The Native Village Of Karluk And The ... Page 31 of 71 AGENDA ITEM #14.6.2. FY 2025 COMMUNITY ASSISTANCE PROGRAM Program Proposed CAP Budget SUBMISSION DEADLINE: MARCH 21, 2024 Karluk IRA Tribal Council Name of Unincorporated Community Please detail below how your organization proposes to use its estimated FY2025 Community Assistance Program payment. FUEL ELECTRICITY INSURANCE EDUCATION EMS WATER SEWER PUBLIC SAFETY $ FIRE $ ROAD MAINTENANC[ $ HARBORS HEALTH $ GENERAL ADMINISTRATION Gj ad $_ OTHER OTHER $ OTHER $ FY2025 ESTIMATED PAYMENT $ 15789 Resolution No. FY2024-15 Approving The Native Village Of Karluk And The ... Page 32 of 71 AGENDA ITEM #14.6.2. FY 2025 COMMUNITY ASSISTANCE PROGRAM Statement of Expenditures for Prior Year Payment SUBMISSION DEADLINE: MARCH 21, 2024 Karluk IRA, Tribal Council Name of Unincorporated Community Please detail below how your organization utilized the FY2024 Community Assistance Payment. FUEL $ ELECTRICITY $ INSURANCE $ EDUCATION $ EMS $ WATER'SEWER $ PUBLIC SAFETY $ FIRE $ ROAD MAINTENANC[ $ HARBORS HEALTH GENERAL ADMINISTRATION $ IS %f .r OTHER $ OTHER $ OTHER $ SAVINGS/NOT SPENT $ FY2024 TOTAL PAYMENT $ 15,789 Resolution No. FY2024-15 Approving The Native Village Of Karluk And The ... Page 33 of 71 AGENDA ITEM #14.6.2. Eligibility Requirements for Unincorporated Communities Located Within Boroughs and Unified Municipalities Alaska Statutes AS 29.60.865 -.879 and Alaska Administrative Code 3 AAC 180.010 Sec. 29.60.865. Eligibility requirements for reserves and communities. (a) The department, with advice from the Department of Law, shall determine whether there is in each community or reserve an incorporated nonprofit entity or a Native village council that will agree to receive and spend the community assistance payment. If there is more than one qualified entity in a reserve or community in the unorganized borough, the department shall pay the money to the entity that the department finds most qualified to receive and spend the money on behalf of the reserve or community. The department may not make a community assistance payment to a Native village council unless the council waives immunity from suit for claims arising out of activities of the council related to the payment. A waiver of immunity from suit under this section must be on a form provided by the Department of Law. If there is no qualified incorporated nonprofit entity or Native village council in a reserve or community that is willing to receive the community assistance payment and use the payment on behalf of that reserve or community, the payment for that reserve or community may not be paid. Neither this section nor any action taken under it enlarges or diminishes the governmental authority or jurisdiction of a Native village council. (b) The department may make a community assistance payment on behalf of a community in a borough or unified municipality only to the municipality for payment by the municipality to an incorporated nonprofit entity or Native village council that has been approved by the assembly and meets the requirements of (a) of this section. The department shall have written evidence of the assembly approval. If there is more than one qualified entity in a community in a borough or unified municipality, one of the entities may receive the entire payment, or the payment may be shared between two or more of the qualified entities, as determined by the assembly. (c) A community in a borough or unified municipality is eligible for a community assistance payment only if at least three of the following services are generally available to all residents of the community and each of the three services, in any combination, are provided by one or more qualifying incorporated nonprofit entities or a Native village council or are substantially paid for by the residents of the community through taxes, charges, or assessments levied or authorized by the borough or unified municipality: (1) fire protection; (2) emergency medical; (3) water and sewer; (4) solid waste management; (5) public road or ice road maintenance; (6) public health; (7) search and rescue. Sec. 29.60.879. Definitions. In AS 29.60.850 - 29.60.879 (1) "community" means a place in the unorganized borough, in a borough, or in a unified municipality that is not incorporated as a municipality, that is not a reserve, and in which 25 or more individuals reside as a social unit; (2) "reserve" means a place that is organized under federal law as an Indian reserve that existed before enactment of 43 U.S.C. 1618(a) and is continued in existence under that subsection. Resolution No. FY2024-15 Approving The Native Village Of Karluk And The ... Page 34 of 71 AGENDA ITEM #14.6.2. 3 AAC 180.010(b) and (c) (b) In addition to making the certification and agreement on the form provided under (a) of this section, a borough or unified municipality that will receive community assistance payments on behalf of communities in the borough or unified municipality must (1) submit to the department a resolution adopted by the assembly that clearly identifies (A) the communities that the borough or unified municipality has determined meet the eligibility criteria under AS 29.60.865, 29.60.879, and 3 AAC 180.110; and (B) the village councilor incorporated nonprofit entity located within each community listed under (A) of this paragraph that the borough or unified municipality has approved as the recipient of the community assistance payment; and (2) certify that at least three of the services required under AS 29.60.865(c) are generally available to all residents of the community. (c) In addition to making the certification and agreement on the form provided under (a) of this section and receiving any identification required under (b) of this section, a reserve or village council must submit to the department a waiver of sovereign immunity in accordance with AS 29.60.865(a) and 3 AAC 180.130. Resolution No. FY2024-15 Approving The Native Village Of Karluk And The ... Page 35 of 71 AGENDA ITEM #14.6.3. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 21, 2024 4 ' �s ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2024-18 Designating The Individual Who Will Serve As Temporary Administrative Official During The Absence Of The Regular Administrative Official ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Move to adopt Resolution No. FY2024-18. DISCUSSION: This resolution designates Assessing Department Director Seema Garoutte as the temporary administrative official during the absence of both the Manager and the regular administrative official. Based on the discussion at the work session, an updated version of the resolution was provided in the packet. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2024-18 Designating The Individual Who Will Serve As Te Page 36 of 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #14.6.3. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2024-18 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DESIGNATING THE INDIVIDUAL WHO WILL SERVE AS TEMPORARY ADMINISTRATIVE OFFICIAL DURING THE ABSENCE OF THE REGULAR ADMINISTRATIVE OFFICIAL WHEREAS, a clear procedure for administration needs to be in place in the event of an emergency or other event when Borough Manager and/or Regular Administrative Official are unavailable; and WHEREAS, Kodiak Island Borough Code 2.20.080 provides that an Administrative Official is to be designated to act as Borough Manager during the Borough Manager's absence or disability; and WHEREAS, Engineering & Facilities Department Director, Dave Conrad, is currently designated as the Administrative Official; and WHEREAS, Engineering & Facilities Department Director, Dave Conrad, is scheduled to be out on vacation from April 6, 2024, through April 28, 2024; and WHEREAS, Assessing Department Director Seema Garoutte, has agreed to and is qualified to act as Administrative Official for the Kodiak Island Borough. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that any Administration Official authority, signatory responsibility, and compensation be shifted to Assessing Department Director, Seema Garoutte, during the absence of Engineering & Facilities Department Director, Dave Conrad. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2024 KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor VOTES: Ayes: Noes: Resolution No. FY2024-18 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 1 of 1 Resolution No. FY2024-18 Designating The Individual Who Will Serve As Te... Page 37 of 71 AGENDA ITEM #14.6.4. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 21, 2024 4 ' �s ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 State And Local Cyber Security Grant (SLCGP) ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Move to adopt Resolution No. FY2024-19. DISCUSSION: The Kodiak Island Borough has been awarded $55,000 from the US Department of Homeland Security under the 2022 State and Local Cybersecurity Program (SLCGP). This resolution would authorize the manager to execute and accept the grant funds from DHS & EM related to the 2022 State and Local Cybersecurity Grant. ALTERNATIVES: Adopt the resolution. Fail the resolution which is not recommended. FISCAL IMPACT: OTHER INFORMATION: KIBC 3.25.040 Acceptance and appropriation of grant funds. A. The assembly is authorized to accept grants from the federal government, state government, or other source. All such grants shall become part of a specific fund or group of accounts if readily identifiable to such specific fund or group of accounts. All other such funds shall be deemed initially part of the general fund or unappropriated fund balance of the borough. B. Authorization for expenditure of grant funds which are limited by the grantor to a specific use or category of use may be authorized by resolution of the assembly. Prior to action on the resolution, interested persons may be afforded an opportunity to testify. C. Grant funds which are unlimited as to use, or subject only to general limitations, shall be appropriated by ordinance, which shall include an appropriate budget amendment. Kodiak Island Borough Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 Stat... Page 38 of 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 AGENDA ITEM #14.6.4. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2024-19 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING THE MANAGER TO ACCEPT THE 2022 STATE AND LOCAL CYBERSECURITY GRANT (SLCGP) WHEREAS, all organizations, including local governments are targets of cyber -attacks; and WHEREAS, it has become increasingly difficult to safeguard data against theft and loss and protect assets from vandalism, viruses, and malware; and WHEREAS, the Division of Homeland Security and Emergency Management (DHS&EM) is offering a 2022 State and Local Cybersecurity Grant Program to assist with the expenses related to assess and improve municipal cybersecurity; and WHEREAS, the Kodiak Island Borough has been awarded $55,000 toward the cost of a cybersecurity assessment. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Borough Manager is authorized to execute and accept the grant funds from DHS&EM related to the 2022 State and Local Cybersecurity Grant ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2024 KODIAK ISLAND BOROUGH Scott Arndt, Mayor VOTES: Ayes: Noes: Resolution No. FY2024-19 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 1 of 1 Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 Stat... Page 39 of 71 THE STA"I'E ol'/1Lt`1J1A March 4, 2024 GOVERNOR MIKE DUNLEA.VY Aimee Williams, Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 AGENDA ITEM #14.6.4. Department of Military and Veterans Affairs Division of Homeland Security and Emergency Management RE: 2022 State and Local Cybersecurity Grant Program, EMW-2022-CY-00038-SOI State Grant No.: 22SLCGP-GY22 Ms. Williams: P.O. Box 5750 JBER, AK 99505-0800 Main: 907.428.7000 Fax: 907.428.7009 ready.alaska.gov We received funds from the U.S. Department of Homeland Security under the 2022 State and Local Cybersecurity Grant Program (SLCGP). We are pleased to award the Kodiak Island Borough the amount of $55,000.00 under this grant. Funding from this program is provided to support state, local and territorial governments in managing and reducing systemic cyber risk. As a reminder, all procurement transactions must be conducted in a manner that provides full and open competition. To ensure this, we require a Procurement Method Report with every expense (except for local advertising, legal notices, and travel arrangements) submitted for reimbursement under this grant. Preapprovals may be required at multiple steps in the procurement process. Please see the Procurement Method Report for additional details. A pre -signed Obligating Award Document (OAD) is attached. Please print the document, sign the OAD, and send a scanned copy to mva.grants@alaska.gov within 30 days of subrecipient receipt. Keep the hard copy for your records. If the OAD cannot be returned within 30 days due to local jurisdiction policies, a Notice of Intent to Accept Grant Award form must be submitted. The form and instructions are available for download on our Grants website: http://ready.alaska.gov/Grants/Ourpocs. If signatory points of contact have changed since the submittal of the application, please complete and return a Signatory Authority Form with the signed OAD. The Signatory Authority Form is available for download on our Grants website. If needed, Electronic Payment enrollment forms are also available upon request. Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 Stat... Page 40 of 71 AGENDA ITEM #14.6.4. Ms. Williams March 4, 2024 Page 2 of 2 If you have any questions, please get in touch with the Division Project Manager for this grant, Tiffany Peltier at (907) 428-7026 or by email at mva.grants@alaska.gov. Sincerely, William A. Dennis Administrative Operations Manager Enclosure(s): Obligating Award Document Project Budget Details Report cc: Meagan Christiansen, Subrecipient Project Manager Dora Cross, Subrecipient Chief Financial Officer Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 Stat... Page 41 of 71 AGENDA ITEM #14.6.4. State of Alaska Page 1 of 9 Division of Homeland Security and Emergency Management FEDERAL AWARD DATE Under US Department of Homeland Security December 26, 2022 Federal Emergency Management Agency FEDERAL GRANT PROGRAM Grant Programs Directorate 2022 State and Local Cybersecurity Grant Program OBLIGATING AWARD DOCUMENT EMW-2LGRANT NUMBER E M W-2022-CY-00038-SOI RECIPIENT NAME AND ADDRESS PERFORMANCE PERIOD AMENDMENT CFDA: 1 97.137 Kodiak Island Borough FROM: February 1, 2024 AMENDMENT#: AWARDAMOUNT TO: December 31, 2025 EFFECTIVE DATE: $55,000.00 710 Mill Bay Rd Kodiak, AK 99615 STATE PROGRAM NUMBER 22SLCGP-GY22 UEI NUMBER RLVJZ2HHME37 FUNDING ALLOCATION EIN 92-0030845 PLANNING $55,000.00 EXERCISE METHOD OF PAYMENT Electronic TRAINING EQUIPMENT PURPOSE OF AWARD Total Awarded Amount: $55,000.00 Federal Share: $49,500.00 State Share: $5,500.00 Final Report Due: February 15, 2026 The attached Project Budget Details is the funding allocation. Grant program guidelines and federal, state, and local contracting and procurement compliance requirements apply. GRANT REQUIREMENTS AND PROGRAM TERMS AND CONDITIONS The acceptance of a grant from the United States government creates a legal duty on the part of the recipient to use the funds or property made available in accordance with the conditions of the grant [GAO Accounting Principles and Standards for Federal Agencies, Chapter 2, Section 16.8(c)]. See attached for continued Grant Requirements and Program Terms and Conditions. SPECIAL CONDITIONS (Grant funds cannot be expended until these conditions have been met. See Obligating Award for details.) None AGENCY INFORMATION ADDRESS =nHo-eland Security and Emergency ManagementEMAIL 750 WEBSITE http://ready.alaska.gov mva.grants@alaska.gov PHONE (907) 428-7000 FAX (907)428-7009 ' STATE PROJECT MANAGER PHONE FAX EMAIL Tiffany Peltier (907) 428-7026 (907) 428-7009 mva.grants@alaska.gov MENEEMENNER AGENCY APPROVAL RECIPIENT ACCEPTANCE NAME AND TITLE OF APPROVING AGENCY OFFICIAL NAME AND TITLE OF AUTHORIZED RECIPIENT OFFICIAL William A. Dennis, Administrative Operations Mgr. Aimee Williams, Borough Manager SIGNATURE OF APPROVING AGENCY OFFICIAL SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL DATE-ut DATE FOR STATE USE ONLY Vendor Personal Number: KIB84128 Date Returned Fund Unit AR Unit Object Activity Function Program PPC 1004 2001 099230010 7000 2012 22 CSGP KIB 2CSGP2022 GYCSGP Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 Stat... Page 42 of 71 AGENDA ITEM #14.6.4. Program Requirements (A) Monies may not be obligated outside of the time period as stated on the grant document. An obligation occurs when funds are encumbered, as with a purchase order and/or commitment of salaries and benefits. All obligated and encumbered funds must be liquidated within 45 days of the end of the performance period (unless otherwise specified in the Program Terms and Conditions) when the Final Performance Progress Reports are due. (B) The signature of the signatory officials on this award certifies that all financial expenditures, including all supporting documentation submitted for reimbursement, have been incurred by the jurisdiction and are eligible and allowable expenditures consistent with the grant guidelines for this project. The jurisdiction shall follow the financial management requirements imposed on them by the Division of Homeland Security and Emergency Management (DHS&EM). (C) The signature of the signatory officials on this award attests to the jurisdiction's understanding, acceptance, and compliance with Acknowledgment of Federal Funding; Lobbying; Debarment, Suspension, EHP, BABAA, and other responsibility matters; Drug—free Workplace; Conflict of Interest, and Non—Supplanting certifications. Federal funds will not be used to supplant state or local funds. Federal funds may be used to supplement existing funds to augment program activities and not replace those funds that have been appropriated in the budget for the same purpose. Potential supplanting may be the subject of application and pre—award, post—award monitoring, and audit. Any cost allocable to a particular Federal award or cost objectives under the principles provided in 2 CFR Part 200, subpart E, may not be charged to other Federal awards to overcome fund deficiencies. (D) The jurisdiction shall ensure the accounting system used allows for the separation of fund sources. These grant funds cannot be commingled with funds from other federal, state, or local agencies, and each award is accounted for separately. (E) The jurisdiction shall comply with the requirements under 2 CFR 25.110 to maintain and keep jurisdiction information current within the System of Award Management (SAM). Also, the jurisdiction has the requirement to be non -delinquent to the Federal government as required in OMB Circular A-129. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (F) The jurisdiction shall comply with Federal Laws and Regulations: Title VI of the Civil Rights Act of 1964, Title Vlll of the Civil Rights Act of 1968, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Age Discrimination Act of 1975, Americans with Disabilities Act of 1990. Per Executive Order 13166, the jurisdiction will take reasonable steps to ensure Limited English Proficient (LEP) persons have meaningful access to its programs and activities. The jurisdiction is required to comply with any applicable provisions of the Buy American Act (41 U.S.C. Sections 8301 — 8305). Executive Order 13347, Individuals with Disabilities in Emergency Preparedness, requires the government to support safety and security for individuals with disabilities in situations involving disasters, including earthquakes, tornadoes, fires, floods, hurricanes, and acts of terrorism. Executive Order 13224 prohibits transactions with and support organizations associated with terrorism. Energy Policy and Conservation Act, the National Environmental Policy Act (NEPA) of 1969, and the Coastal Wetlands Planning, Protection, and Restoration Act of 1990 (as applicable.) The USA PATRIOT Act of 2001, the Trafficking Victims Protection Act of 2000, the Hotel and Motel Fire Safety Act of 1990, and the Fly America Act of 1974. Subrecipients who collect Personally Identifiable Information (PII) are required to have a publicly available privacy policy that describes what PII they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 2409, 41 U.S.0 4712, and 10 U.S.0 2324, 41 U.S.S 4304, and 4310. All recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R Part 19 and other applicable statutes, regulations, and guidance governing the participants of faith -based organizations in individual DHS programs. (G) The jurisdiction certifies that it has an Affirmative Action Plan/Equal Employment Opportunity Plan. An EEOP is not required for subrecipients under $25,000.00 or fewer than 50 employees. (H) The jurisdiction certifies that its employees are eligible to work in the U.S. as verified by Form 1-9, Immigration & Naturalization Service Employment Eligibility. (1) It is the responsibility of the jurisdiction as the subrecipient of these federal funds to fully understand and comply with the requirements of: 1. Administrative requirements 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards httos://ecfr. io/Title-2/Part-200 2. Cost Principles 2 CFR Part 200 Subpart E Cost Principles Title 2 Part 200 Subpart E - Code of Federal Regulations (ecfr.io) 3. Audit Requirements 2CFR Part 200 Subpart F Audit Requirements Title 2 Part 200 Subpart F - Code of Federal Regulations (ecfr.io) Federal: The applicant agrees that, as a condition of receiving any federal financial assistance, a Single audit of those federal funds will be performed, if required by law, and further agrees it will comply with all applicable audit requirements. Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 Stat... Page 43 of 71 AGENDA ITEM #14.6.4. State: If the applicant is an entity that received state financial assistance, the applicant shall submit to the State Coordinating Agency, within one year after the end of the audit period, an annual audit report covering the audit period as required by 2 AAC 45.010. Subrecipients identified as "non-compliant" by the Alaska Dept. of Administration, Division of Finance, Single Audit Coordinator shall be subject to the following grant payment restrictions: 1) The Division of Homeland Security & Emergency Management (DHS&EM) will not process grant payments of any nature directly to the subrecipient. 2) Subrecipients will be required to fully comply with the Single Audit requirements specified by the Alaska Dept. of Administration, Division of Finance, Single Audit Coordinator. 3) Subrecipients will provide compliance evidence to DHS&EM from the State Audit Coordinator before any payment will be processed. 4) DHS&EM may process on -behalf -of (OBO) payments to vendors for costs directly associated with the scope of work on approved awards. 5) Performance periods will not be extended due to a subrecipient's failure to comply with the Single Audit requirement. 6) Payments made in error to subrecipients that are "non-compliant" must be repaid to the State of Alaska within 90 days of receipt of notice from DHS&EM. 4. Procurement and Contracts. Contracts must be of a reasonable cost, generally be competitively bid, and must comply with Federal, State, and local procurement standards. Detailed requirements for eligible procurement methods and contract types can be found in 2 CFR Part 200 Subpart D. The applicant agrees to review and follow procurement and contract requirements necessary for compliance with the grant program. Further, the applicant understands that failure to comply with these requirements may result in loss of funding for the entire project. Debarred/Suspended Vendors. As required by Executive Orders 12549 and 12689, Debarment and Suspension, and implemented at 2 CFR Part 180, the applicant certifies that it and its principals: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. 2) Have not within a three-year period preceding this award been convicted of a or had a civilian judgment rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perform a public (Federal , State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 3) Are not presently indicted for otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with the commission of any of the offenses enumerated in paragraph (2) of this certification. 4) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause of default. Where the applicant is unable to certify any of the statements in this certification, he or she shall attach an explanation to this application. 5) Domestic Preferences for Procurement. As appropriate and to the greatest extent consistent with law, state and non - state entities should, to the greatest extent practicable under its FEMA award, provide a preference for the purchase of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. 2 C.F.R. § 200.322 also provides specific definitions for "Produced in the United States" and "manufactured products" that states should review. 5. Conflict of Interest 2 CFR Part 200.112 — the jurisdiction must disclose in writing to DHS&EM any potential conflict of interest per the applicable Federal awarding agency policy in the award's performance period. 6. False Claims Act, Program Fraud Civil Remedies, and Mandatory Disclosures A. 31 U.S.C. §3729, no recipient of federal payments shall submit a false claim for payment. B. 38 U.S.C. §3801-3812 details the administrative remedies for false claims and statements made. C. 2 CFR Part 200.113 —the jurisdiction must disclose, in a timely manner and in writing to DHS&EM, all violations of Federal criminal law involving fraud, bribery, or gratuity potentially affecting the award. 7. Technology Requirements 28 FR Part 23, Criminal Intelligence System Operating Policies 8. Research and Development (R&D) Requirements Grants awarded to DHS&EM are not R&D 9. Duplication of Benefits 2 CFR Part 200, Subpart E, Cost Principles 10. Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. §5121-5206, and Related Authorities, where applicable. Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 Stat... Page 44 of 71 AGENDA ITEM #14.6.4. 11. Reducing Text Messaging while Driving. All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. 12. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R Part 200, Appendix XII. 13. Reporting Subawards and Executive Compensation All recipients are required to comply with the requirements set forth in the government -wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R Part 170, Appendix A. 14. SAFECOM All recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 15. All recipients must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 Stat... Page 45 of 71 AGENDA ITEM #14.6.4. SLCGP Program Terms and Conditions The total allocation of the 2022 State and Local Cybersecurity Grant Program awarded to the Division of Homeland Security and Emergency Management (DHS&EM) is $2,244,983.00 under Federal Grant EMW-2022-CY-00038-S01, CFDA# 97.137. The Kodiak Island Borough has been awarded $55,000.00, which shall be used to support state, local, and territorial governments in managing and reducing systemic cyber risk. The instructions, guidance, limitations, and other conditions outlined in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements outlined in the program NOFO and State program guidance. The performance period of this grant award is February 1, 2024, through December 31, 2025. Project conditions must be completed by this date. The Kodiak Island Borough cannot subgrant all or any part of this award to any other entity or organization. All awards require confirmation within the first reporting quarter that activities toward projects will be made, or DHS&EM may execute de—obligation of the funds. (A) Chances to Award: All change requests must be submitted in writing or electronically to the DHS&EM Project Manager, accompanied by a justification narrative and budget/spending plan, for review and approval. Changes must be consistent with the scope of the project and grant guidelines. Requests for changes will be considered only if the reporting requirements are current and if terms and conditions have been met at the time of the request. Changes in the programmatic activities or purpose of the project, changes in key persons specified on the grant award, contractual services for activities central to the purposes of the award, requests for additional funding, changes in the project site, or release of special conditions may result in an amendment to this award. No transfers of funds between budget categories will be authorized, only de—obligation of funds, except on a case—by—case basis. (B) Reporting Requirements: The Kodiak Island Borough shall submit timely quarterly Performance Progress Reports (PPR) and Financial Progress Reports (FFR) to the Project Manager at DHS&EM. Instructions and blank forms are located electronically at https://www.ready.alaska.gov/Grants and may be reproduced. Jurisdictions must check the website quarterly for the most current forms. The use of outdated forms will not be accepted. Quarterly reports are due: Number of Scheduled PPR & FFR Due Reports Due Jurisdiction Performance Period Dates 1 2/1/2024 - 3/31/2024 WAIVED 2 4/1/2024 - 6/30/2024 July 20, 2024 3 7/1/2024 - 9/30/2024 October 20, 2024 4 10/1/2024 - 12/31/2024 January 20, 2025 5 1/1/2025 - 3/31/2025 April 20, 2025 6 4/1/2025 - 6/30/2025 July 20, 2025 7 7/1/2025 - 9/30/2025 October 20, 2025 8 10/1/2025 - 12/31/2025 January 20, 2026 9 Final Report February 15, 2026 Invoices with progress reports will be submitted to DHS&EM by the due date as specified in the above schedule. Should the grant period be extended for any reason, a modified report schedule will accompany the award amendment. The Performance Progress Report (PPR) contains an AK -PPR -A cover page form and an AK -PPR -B Program Indicators form. Both forms must be completed and submitted by the report due date. Requests for grant extensions, budget adjustments, project realignments, and significant problems or delays are reported on the AK -PPR -A. An AK -PPR -A must be submitted even if no additional information is required. The AK -PPR -B shall describe the progress and percentage of projects completed and detail any related expenditures submitted on the Financial Progress Report. The Financial Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 Stat... Page 46 of 71 AGENDA ITEM #14.6.4. Progress Reports shall describe the status of the funds, show encumbrances, and receipts of program income, cash or in—kind contributions to the project, whether or not a local match is required. A final PPR is a summary report showing project completion, evaluating project activities, and measuring performance against project goals for the entire performance period, and is required in addition to the last quarterly PPR. An After—Action Report/Improvement Plan (AAR/IP) is required within 30 days of the conduct of an exercise. (C) Signatory Requirements: The primary Signatory Official, Project Manager, and Financial Officer, as listed on the Signatory Authority Form, must sign the original obligating award document and any amendments. Delegates may sign quarterly and final reports. However, the signatures of the Project Manager, Signatory Official, and the Financial Officer must be three different signatures. (D) Reimbursements: Submit on the Financial Progress Report form. Reimbursement shall be based upon authorized and allowable expenditures consistent with project narrative, budget details, grant guidelines, and submission of timely quarterly Performance Progress and Financial Progress Reports. Payments may be withheld pending correction of deficiencies or for use of outdated forms. Reimbursement of expenditures may be requested at any time within the performance period. Expenditures must be supported with source documentation (e.g., copies of invoices, receipts, timesheets with name/wage/hours, cost allocation, warrants, etc.), method of solicitation must be documented with a Procurement Method Report, and documentation of payment must be included. Reimbursable expenses include: • Personnel Costs: Payroll reports signed and certified by the Chief Financial Officer that capture the employee's name, position, coded allocation to the project, and amount paid are acceptable. Staff may not self—certify their own time and wages. The subrecipient shall retain all supporting payroll records, including time and attendance records signed by the employee and supervisor and copies of warrants as per the recordkeeping requirements in Section O. Limited to 50 percent for employees assigned to program management functions, not operational duties. The limit does not apply to contractors. • Contracts: All sole—source procurements, single vendor responses to a competitive bid, and service contracts of any value require DHS&EM pre—approval before implementation. Final signed copies of all contracts are required for submission to DHS&EM with the request for reimbursement. Please review the Procurement Method Report for specific requirements. • Program Income and Local Match: Program income may be used to supplement project costs, reduce project costs, or may be refunded to the federal government, and must be used for allowable program costs and be expended before requests for reimbursement. Local matching funds must clearly support the source, the amount, and the timing of all matching contributions. • EJB' uipment: Allowable equipment categories are listed on the web -based Authorized Equipment List (AEL) on the Responder Knowledge Base (RKB). Documentation is required per instructions attached to DHS&EM quarterly reports. • Travel: Travel must be listed in the approved budget. • Training: Requires DHS&EM pre—approval before registering or participating in training opportunities. • Exercise: Requires submission of an AAR/IP within 30 days after the conduct of the exercise. • Food and Beverages: All food and/or beverage expenses require pre -approval by DHS&EM and are only allowable costs if related to a grant -funded sheltering exercise, such as a Mass Care Shelter Exercise where food is prepared as part of the exercise objectives in evaluating food preparation capabilities. (E) Unallowable Costs and Activities: Below is not an all-inclusive list. Please review the FY2023 SLCGP Notice of Funding Opportunity for additional information. Grant and match funds cannot be used for: • Spyware • Microsoft Office • Construction/Renovation • To meet a cost-sharing contribution • To pay a ransom • For recreational or social purposes • To pay for cybersecurity insurance premiums • To acquire land or to construct, remodel, or perform alternations of buildings or other physical facilities or • For any purpose that does not address cybersecurity risks or cybersecurity threats on information systems owned or operated by, or on behalf of, the eligible entity that receives the grant or a local government within the jurisdiction of the eligible entity. • Salaries and personnel costs of planners, equipment managers, exercise coordinators, and/or training coordinators • Supplanting any expense already budgeted Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 Stat... Page 47 of 71 AGENDA ITEM #14.6.4. • Reimbursable training and related travel costs not pre -approved by DHS&EM • Contracts and procurements over $10,000.01 not pre -approved by DHS&EM • Sole source contracts and procurements not pre -approved by DHS&EM • Stand-alone working meals • Expenditures not supported with appropriate documentation when submitted for reimbursement. Only properly documented expenditures will be processed for payment. Unsupported expenditures will be returned for resubmission by the jurisdiction. (F) Property and Equipment Management: The Kodiak Island Borough shall maintain an effective property management system; safeguards to prevent loss, damage, or theft; maintenance procedures to keep equipment in good condition; and disposition procedures. A Property Inventory Report must be submitted to DHS&EM annually each June 20 with the Financial Progress Report, and continued submission is required annually until final disposition of the equipment. No equipment purchased with these grant funds may be assigned to other entities or organizations without written approval from DHS&EM prior to the jurisdiction's encumbrance or expenditure for that equipment. Management of property and equipment shall be in accordance with state laws and procedures as outlined in 2 CFR Subpart D (200.210- 200.316). For items over $5,000.00, a Single Equipment Reporting Form must be submitted at the time of reimbursement at the time of reimbursement request (G) Build America, Buy America Act (BABAA): The Kodiak Island Borough must comply with the Build America, Buy America Act (BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act §§ 70901-70927, Pub. L. No. 117-58 (2021); and EO 14005, Ensuring the Future is Made in All of America by All of America's Workers. See OMB Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. None of the funds provided under this program may be used for a project for infrastructure unless the iron and steel, manufactured products, and construction materials used in that infrastructure are produced in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. (H) Procurement: A Procurement Method Report documenting the method of solicitation is required for reimbursement for every procurement (with the exception of local advertising, legal notices, and travel arrangements). Contractors that develop or draft specifications, requirements, Statements of Work (SOW), and/or Requests for Proposals (RFP) for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award of such procurement. Local bidder's preference is not allowed for federally funded procurements. Procurement transactions shall be conducted to provide maximum open and free competition. Pre -approvals may be required at multiple steps in the procurement process. Please see the Procurement Method Report for additional details. (1) Contracts: Any contract entered into during this grant period shall comply with local, state, and federal government contracting regulations. To the extent that subrecipients of a grant use contractors, subrecipients shall use small, minority, women -owned, or disadvantaged business concerns and contractors to the extent practicable. Contracts for professional and consultant services must include local, state, and federal government -required contract language and a project budget and require pre—approval by DHS&EM before implementation. Contract deliverables must meet the intent of the grant application and grant requirements. Justification is required for compensation for individual consultant services, which must be reasonable and consistent with the amount paid for similar services in the marketplace. Detailed invoices and time and effort reports are required for consultants. A Procurement Method Report documenting the method of solicitation is required for reimbursement for every procurement. (J) Use of DHS Seal. Logo, and Flags: All subrecipients must obtain DHS&EM approval before using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags of likenesses of Coast Guard officials. (K) Publications and Copyright: All recipients must affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations) Publications created with funding under this grant should prominently contain the following statement: This document was prepared under a grant from the Federal Emergency Management Agency (FEMA)'s Grant Programs Directorate, U.S. Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 Stat... Page 48 of 71 AGENDA ITEM #14.6.4. Department of Homeland Security and the Alaska Division of Homeland Security and Emergency Management. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate, the U.S. Department of Homeland Security, or the State of Alaska. (L) Acknowledgement of Federal Funding: All subrecipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. (M) Federal Debt Status: All subrecipients are required to be non -delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF -424, item number 17, for additional information and guidance. (N) False Claims Act and Program Fraud Civil Remedies: All subrecipients must comply with 31 U.S.C. § 3729 requirements, which set forth that no sub -recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812, which details the administrative remedies for false claims and statements made. (0) Recordkeeping Requirements: Grant financial and administrative records shall be maintained for a period of three (3) years following the date of the closure of the grant award or audit if required. Time, effort, personnel, and payroll records must be maintained for all individuals reimbursed under the award. Property and equipment records shall be maintained for a period of three (3) years following the final disposition, replacement, or transfer of the property and equipment. (P) Performance Measures: Quarterly Progress Reports shall demonstrate performance and progress relative to: 1. Acceptable performance on applicable critical tasks in Exercises using approved scenarios 2. Progress in achieving project timelines and milestones identified in the Quarterly Activities Plan 3. Percent measurable progress toward completion of the project 4. How funds have been expended during the reporting period, and explain expenditures related to the project (Q) Subrecipient Monitoring Policy: Periodic monitoring is required to ensure that program goals, objectives, timelines, budgets, and other related program criteria are met. DHS&EM reserves the right to periodically monitor, review, and conduct analysis of the Kodiak Island Borough's financial, programmatic, and administrative policies and procedures, such as, accounting for receipts and expenditures, cash management, maintaining adequate financial records, means of allocating and tracking costs, contracting and procurement policies and records, payroll records and means of allocating staff costs, property/equipment management system(s), progress of project activities, etc. This may include desk and field audits. Technical assistance is available from DHS&EM staff. The Monitoring Policy is available in the Grants Management Handbook. (R) Penalty for Non -Compliance: For the reasons listed below, special conditions may be imposed, reimbursements may be partially or wholly withheld, the award may be wholly or partly suspended or terminated, or future awards, reimbursements, and award modifications may be withheld. DHS&EM may institute the following, but is not limited to, withholding authority to proceed to the next phase of a project, requiring additional or more detailed financial reports, additional project monitoring, and/or establishing additional prior approvals. DHS&EM shall notify the Kodiak Island Borough of its decision in writing, stating the nature and the reason for imposing the conditions/restrictions, the corrective action required and the timeline to remove them, and the method of requesting reconsideration of the imposed conditions/restrictions. The Kodiak Island Borough must respond within five (5) days of receipt of notification: 1. Unwillingness or inability to attain project goals 2. Unwillingness or inability to adhere to Special Conditions or Grant Assurances. 3. Failure or inability to adhere to grant guidelines and federal compliance requirements 4. Improper procedures regarding contracts and procurements 5. Inability to submit reliable and/or timely reports 6. Management systems which do not meet federally required management standards (S) Termination for Cause: If performance is not occurring as agreed, the award may be reduced or terminated without compensation for reduction or termination costs. DHS&EM will provide five (5) days' notice to the Kodiak Island Borough stating the reasons for the action, steps taken to correct the problems, and the commencement date of the reduction or termination. DHS&EM will reimburse the Kodiak Island Borough only for acceptable work or deliverables and necessary and allowable costs incurred through the date of reduction or termination. Final payment may be withheld at the discretion of DHS&EM until a final DHS&EM review is completed. Any equipment purchased under a terminated grant may revert to DHS&EM at the option of DHS&EM. Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 Stat... Page 49 of 71 AGENDA ITEM #14.6.4. (T) Termination for Convenience: Any project may be terminated upon convenience, in whole or in part, for the convenience of the Government. The U.S. Department of Commerce and the DHS&EM, by written notice, may terminate this grant, in whole or in part, when it is in the Government's interest. Allowable costs obligated and/or incurred through the date of termination shall be reimbursed. Any equipment purchased under a terminated grant may revert to DHS&EM at the option of DHS&EM. (U) Project Implementation: Due to the competitiveness of the 2022 State and Local Cybersecurity Grant Program, approved projects must be ready—to—go. Project implementation shall begin within the first reporting quarter. 1. If a project cannot be operational within the first reporting quarter of the approved award date, the subrecipient should notify DHS&EM of the implementation delay and expected starting date. At the discretion of DHS&EM, the grant award is subject to cancellation, and funds may be de -obligated and reallocated to other projects if project implementation is unjustifiably delayed. (V) The Kodiak Island Borough shall comply with the requirements and restrictions of the Federal Fiscal Year (FFY) 2022 State and Local Cybersecurity Grant Program (SLCGP) Guidance, State Overview and Guidelines, State Preparedness Report, and the State Homeland Security Strategy. By signing this obligating award document, the Kodiak Island Borough certifies it has read, understood, and accepted these documents as binding. (W) No funds will be reimbursed until Kodiak Island Borough fiscal and programmatic representatives attend a Grant Kick—Off Meeting to be held electronically in April 2024. (X) The Kodiak Island Borough must complete a Quarterly Activities Plan by July 20, 2024. Information on this requirement will be emailed and provided at the Grant Kick—Off meeting. (Y) The Kodiak Island Borough must complete the Nationwide Cybersecurity Review (NCSR) by December 31, 2024. More information on this online self-assessment will be provided at the 2022 Kick -Off Meeting and can be found in the 2023 SLCGP NOFO: DHS&EM I State and Local Cybersecurity Grant Program (SLCGP) (alaska.gov). (Z) The Kodiak Island Borough must register for the Cyber Hygiene Services by December 31, 2024. More information on this service will be provided at the Kick -Off Meeting and can be found in the 2023 SLCGP NOFO: DHS&EM I State and Local Cvbersecurity Grant Program (SLCGP) (alaska.gov). Special Conditions None We certify we have read, understood, and accept the Grant Terms and Conditions, the Grant Requirements, and Assurances and Agreements, and Special Conditions in accordance with this Award. Project Manager's Signature Chief Financial Officer's Signature Signatory Official's Signature Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 Stat... Page 50 of 71 AGENDA ITEM #14.6.4. st"tE°F"`S� Project Budget Details 2022 State and Local Cybersecurity Grant Program R Kodiak Island Borough o� Reported Revision 0 �OSFURITYPNO��E PBD Expense Solution Budgeted PBD PBD # Category Area Discipline Cost Amount Spent Balance 1 Plan.Org Plans.Protocols Cyber Security State: $5,500.00 $0.00 $5,500.00 ❑EHP ❑Canceled ❑BABAA Federal: $49,500.00 $0.00 $49,500.00 Item: Cybersecurity Risk Assessment Description: Conduct cybersecurity risk assessments to identify existing cybersecurity gaps, risks, and threats. Investment: objective 1 - Develop & establish appropriate governance structures, including by developing, implementing, or revising Cybersecurity Plans. Adjusted Grant Total PBD Total Expenses Summary Total Allocations Balance State: $5,500.00 $5,500.00 $0.00 $5,500.00 Federal: $49,500.00 $49,500.00 $0.00 $49,500.00 Grand Total: $55,000.00 $55,000.00 $0.00 $55,000.00 02/22/2024 Page 1 of 1 Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 Stat... Page 51 of 71 AGENDA ITEM #14.C.1. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 21, 2024 4 ' �s ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title 2 Administration And Personnel, Section 2.30 Rules Of The Assembly, Sections 2.30.060 Order Of Business And Agenda, And Section 2.30.070 Ordinances, Resolutions, And Motions To Update Processes For Agenda Setting And Submission Of Items ORIGINATOR: Larry LeDoux, Assembly Member RECOMMENDATION: Primary motion: Move to advance Ordinance No. FY2024-17 to public hearing at the next regular meeting of the Assembly. Secondary motion: Move to postpone Ordinance No. FY2024-17 as an Ordinance for Introduction at the May 2, 2024, regular meeting. DISCUSSION: This item was requested by Assembly member LeDoux and co-sponsored by Assembly member Sharratt. After discussion at the February 29 Work Session, the Assembly directed the Clerk to place this item on the agenda for the March 21 regular meeting for introduction. At the March 14 work session, a revised version from Mayor Arndt was provided and it was reviewed by the Borough Attorney. After Attorney review, it is recommended that we allow the attorney to additional time to come up with alternatives for a more cohesive ordinance. Staff recommends that you postpone this item to the May 2, 2024, regular meeting as an ordinance for introduction. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Per KIBC 2.30.070 (N), the Assembly may amend, repeal, rescind, or reconsider an ordinance by enacting another ordinance. Kodiak Island Borough Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 52 of 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AGENDA ITEM #14. C.1. VERSION 1 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2024-17 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, SECTION 2.30 RULES OF THE ASSEMBLY, SECTIONS 2.30.060 ORDER OF BUSINESS AND AGENDA, AND SECTION 2.30.070 ORDINANCES, RESOLUTIONS, AND MOTIONS TO UPDATE PROCESSES FOR AGENDA SETTING AND SUBMISSION OF ITEMS WHEREAS, this ordinance is submitted in order to update processes for agenda setting and submission of items. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Section 2.30.060 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 2.30.060 Order of business and agenda. A. Order of Business. The order of business for each regular meeting of the assembly shall be as follows: 1. Invocation. 2. Pledge of Allegiance. 3. Statement of land acknowledgment. 4. Roll call. 5. Approval of agenda and consent agenda. (Approval of consent agenda passes all items indicated. Consent agenda items are not considered separately unless an assembly member so requests. In the event of such request, the item is returned to the general agenda.) 6. Approval of minutes. 7. Citizens' comments. a. Agenda items not scheduled for public hearing and general comments. 8. Awards and presentations. 9. Committee reports. 10. Public hearing. 11. Borough manager's report. 12. Messages from the borough mayor. 13. Consideration of calendar — unfinished business. 14. Consideration of calendar — new business. a. Contracts. b. Resolutions. Ordinance No. FY2024-17 Version 1 Page 1 of 4 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 53 of 71 AGENDA ITEM #14. C.1. 44 c. Ordinances for introduction. 45 d. Other items. 46 15. Citizens' comments. 47 16. Assembly members' comments. 48 17. Adjournment. 49 B. Agenda. The mayor, deputy presiding officer, or manager shall determine items for the 50 agenda of the assembly, 6ubjeGt to assembly appr o r., .nher of the assembly, delegate to 51 52 ageRda. Subject to provisions of subsection C of this section, no business may be transacted nor 53 any measure considered that is not on the agenda. The clerk shall prepare an agenda for each 54 regular meeting— aner�^^selting with the mayer and manager. The agenda and it shall be 55 distributed to assembly members, along with the meeting packet, ne week at least two days prior 56 to the_ regular meeting. Agendas will be available for the public not less than 24 hours prior to the 57 meeting. 58 C. Agenda Additions. An item that is subjeGt not on the regular meeting agenda may be 59 considered only by unanimous consent, and when the time for its consideration arrives, the chair 60 shall lay it before the assembly. 61 D. Reading of Minutes. Unless a reading of the minutes of an assembly meeting is requested by 62 the assembly, minutes may be approved vVithe-i-it reading if the GleFk pFevieuSly fuFnmshed eaGh 63 rnernber with a Gepy thereof, 64 D. Submission of items. 65 1. Two assembly members maV sponsor a work session agenda item bV filling out an agenda 66 item request form. Such request shall be scheduled within 30 days from submission of the 67 request form. 68 2. The mayor or two assembly members may sponsor ordinances, resolutions, or other items 69 on the agenda by filling out an agenda item request form. The request shall be scheduled 70 as an item for discussion at a work session within 30 days from submission of the request 71 form, and the majority of the Assembly shall develop consensus if and when the item 72 should be scheduled on an agenda. 73 3. The borough manager and borough clerk may submit items that are routine in nature and 74 within the scope of the performance of their duties. 75 76 Section 3: That Section 2.30.070 Ordinances, resolutions, and motions of the Kodiak Island 77 Borough Code of Ordinances is amended to read as follows: 78 79 2.30.070 Ordinances, resolutions and motions. 80 A nceis introduced in writing in tham, o,,,orm required by the assembly. 81 A13. The following procedure governs the enactment of all ordinances, except emergency 82 ordinances which are specified in KIBC 2.30.075. 83 84 maRageF; 85 12. An ordinance shall be set by the assembly for a public hearing by the affirmative vote of a 86 majority of the votes authorized on the gaestiORmotion; Ordinance No. FY2024-17 Page 2 of 4 Version 1 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 54 of 71 87 88 89 1 90 91 92 93 94 95 96 97 98 99 100 101 102 103 1104 105 106 107 108 109 110 111 112 1113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 AGENDA ITEM #14. C.1. 23. At least five days before the public hearing, a summary of the ordinance shall be published together with a notice of the date, time: and place for the hearing. At least six days shall lapse between introduction and final passage; 34. Copies of the ordinance er reeeltieR shall be made available to all perseRs ^rose^+ at the hearing, or the ordinance shall be read in full; 5. During the hearing, the assembly shall hear all interested persons wishing to be heard; 6. After the public hearing, the assembly shall consider the ordinance and may adopt it with or without amendment; 7. The clerkassembly shall print a copy of the ordinance for permanent retention.nd make available GE)Pies of aR erdiRaRGe that is adopted. BO. An ordinance takes effect upon adoption or at a later date specified in the ordinance. CB. This section does not apply to an ordinance proposed under AS O4.11.507(d) relating to procedure for local option elections. E. R8G9FdiRg ef VGtes. The "ayes" and "noes" shall be taken upon the passage of all ordinances Dl=. Voting. 1. All assembly members present shall vote unless the assembly for special reason permits a member to abstain, except no assembly member may vote on a question motion in which he has a substantial financial interest. All motions to excuse a member shall be made before the call of "ayes" and "noes" is commenced, and any member requesting to be excused from voting may make a brief statement of the reasons for making such a request, and the vote shall be taken without further debate. 2. If a member refuses to vote, the clerk shall record a vote for the prevailing side. The "prevailing side" is the side that carried the questionmotior, and is described as follows: a. If the questi mmotion passed, having received the affirmative votes of the quorum, that is the prevailing side; or b. If the questi m4motion failed, having not received the affirmative votes of the quorum, that is the prevailing side. 3. No member shall be allowed to explain his vote or discuss the question motion while the "ayes" and "noes" are being called. -but A member may change his vote between the time of calling for the vote by the clerk and the announcement of the result by the chair or the clerk. The chair or the clerk shall ask if anyone wishes to change their vote. 4. The vote upon any questi mmotion shall be "ayes" and "noes" and shall be recorded in the minutes'GUFRal 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 whiGh of the assembly is eRtitled OR the q estiG., members of the assembly, eXGept as otherwise speGified by bereugh erdiRanGe or the statutes e the state of AI;+o L;+ E6. Numbering Ordinances and Resolutions. A number shall be assigned to each ordinance or resolution by the clerk prior to introduction. Ordinance No. FY2024-17 Version 1 Page 3 of 4 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 55 of 71 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 AGENDA ITEM #14. C.1. FH. Ordinance and Resolution Passage Procedures. When passed by the assembly, an ordinance or resolution shall be signed by the mayor and attested by the clerk; and it shall be immediately filed and thereafter preserved in the office of the clerk. G1. Request for Ordi^a^^^c er Legal Opinions. ARY member of the assembly rRay o o^+ +ho B of this so^+i^., During a work session or a meeting, any two or more members of the assembly may request written legal opinions, relating to borough business, from the attorney through the manager's or the clerk's office. Upon receipt of assembly -requested written legal opinion, the clerk shall forthwith cause to have distributed the subje^+ ^rd'Ra ^o ^ written legal opinion to all assembly members so that all members may be fully informed of the status of borough affairs. j. MOtOGRG. I.A.1heR a made and GeGORG18d, it shall be stated by the chair or, being iting, it shall be presented te the r -.hair And read ale, id befere dehate The rnever shall state. his wr MOtOOR OR GGRGO68 laRguage and shall not disAeuss it Peer his reasein feer makiRg it until the motion is ��od Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF . 202X KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Introduced by: Mayor and Assembly First reading: Second reading/public hearing: VOTES: Ayes: Noes: Ordinance No. FY2024-17 Version 1 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 4 of 4 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 56 of 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AGENDA ITEM #14. C.1. VERSION 1 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2024-17 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, SECTION 2.30 RULES OF THE ASSEMBLY, SECTIONS 2.30.060 ORDER OF BUSINESS AND AGENDA, AND SECTION 2.30.070 ORDINANCES, RESOLUTIONS, AND MOTIONS TO UPDATE PROCESSES FOR AGENDA SETTING AND SUBMISSION OF ITEMS WHEREAS, this ordinance is submitted in order to update processes for agenda setting and submission of items. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Section 2.30.060 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 2.30.060 Order of business and agenda. A. Order of Business. The order of business for each regular meeting of the assembly shall be as follows: 1. Invocation. 2. Pledge of Allegiance. 3. Statement of land acknowledgment. 4. Roll call. 5. Approval of agenda and consent agenda. (Approval of consent agenda passes all items indicated. Consent agenda items are not considered separately unless an assembly member so requests. In the event of such request, the item is returned to the general agenda.) 6. Approval of minutes. 7. Citizens' comments. a. Agenda items not scheduled for public hearing and general comments. 8. Awards and presentations. 9. Committee reports. 10. Public hearing. 11. Borough manager's report. 12. Messages from the borough mayor. 13. Consideration of calendar — unfinished business. 14. Consideration of calendar — new business. a. Contracts. b. Resolutions. Ordinance No. FY2024-17 Version 1 Page 1 of 4 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 57 of 71 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 AGENDA ITEM #14. C.1. c. Ordinances for introduction. d. Other items. 15. Citizens' comments. 16. Assembly members' comments. 17. Adjournment. B. Agenda. The mayor, deputy presiding officer, or manager shall determine items for the agenda of the assembly. Subject to provisions of subsection C of this section, no business may be transacted, nor any measure considered that is not on the agenda. The clerk shall prepare an agenda for each meeting and it shall be distributed to assembly members, along with the meeting packet at least two days prior to the meeting. Agendas will be available for the public not less than 24 hours prior to the meeting. C. Agenda Additions. An item that is not on the regular meeting agenda maybe considered only by unanimous consent, and when the time for its consideration arrives, the chair shall lay it before the assembly. D. Submission of items. 1. Two assembly members may sponsor a work session agenda item by filling out an agenda item request form. Such request shall be scheduled within 30 days from submission of the request form. 2. The mayor or two assembly members may sponsor ordinances, resolutions, or other items on the agenda by filling out an agenda item request form. The request shall be scheduled as an item for discussion at a work session within 30 days from submission of the request form, and the majority of the Assembly shall develop consensus if and when the item should be scheduled on an agenda. 3. The borough manager and borough clerk may submit items that are routine in nature and within the scope of the performance of their duties. Section 3: That Section 2.30.070 Ordinances, resolutions, and motions of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 2.30.070 Ordinances. A. The following procedure governs the enactment of all ordinances, except emergency ordinances which are specified in KIBC 2.30.075. 1. An ordinance shall be set by the assembly for a public hearing by the affirmative vote of a majority of the votes authorized on the motion; 2. At least five days before the public hearing, a summary of the ordinance shall be published together with a notice of the date, time, and place for the hearing. At least six days shall lapse between introduction and final passage; 3. Copies of the ordinance shall be made available at the hearing, or the ordinance shall be read in full; 5. During the hearing, the assembly shall hear all interested persons wishing to be heard; 6. After the public hearing, the assembly shall consider the ordinance and may adopt it with or without amendment; Ordinance No. FY2024-17 Version 1 Page 2 of 4 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 58 of 71 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 AGENDA ITEM #14. C.1. 7. The clerk shall print a copy of the ordinance for permanent retention. B. An ordinance takes effect upon adoption or at a later date specified in the ordinance. C. This section does not apply to an ordinance proposed under AS O4.11.507(d) relating to procedure for local option elections. D. Voting. 1. All assembly members present shall vote unless the assembly for special reason permits a member to abstain, except no assembly member may vote on a motion in which he has a substantial financial interest. All motions to excuse a member shall be made before the call of "ayes" and "noes" is commenced, and any member requesting to be excused from voting may make a brief statement of the reasons for making such a request, and the vote shall be taken without further debate. 2. If a member refuses to vote, the clerk shall record a vote for the prevailing side. The "prevailing side" is the side that carried the motion and is described as follows: a. If the motion passed, having received the affirmative votes of the quorum, that is the prevailing side; or b. If the motion failed, having not received the affirmative votes of the quorum, that is the prevailing side. 3. No member shall be allowed to explain his vote or discuss the motion while the "ayes" and "noes" are being called. A member may change his vote between the time of calling for the vote by the clerk and the announcement of the result by the chair or the clerk. The chair or the clerk shall ask if anyone wishes to change their vote. 4. The vote upon any motion shall be "ayes" and "noes" and shall be recorded in the minutes 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 by a majority vote of the assembly. E. Numbering Ordinances and Resolutions. A number shall be assigned to each ordinance or resolution by the clerk prior to introduction. F. Ordinance and Resolution Passage Procedures. When passed by the assembly, an ordinance or resolution shall be signed by the mayor and attested by the clerk; and it shall be immediately filed and thereafter preserved in the office of the clerk. G. Request for Legal Opinions. During a work session or a meeting, any two or more members of the assembly may request written legal opinions, relating to borough business, from the attorney through the manager's or the clerk's office. Upon receipt of assembly -requested written legal opinion, the clerk shall forthwith cause to have distributed the written legal opinion to all assembly members so that all members may be fully informed of the status of borough affairs. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 202X KODIAK ISLAND BOROUGH Ordinance No. FY2024-17 Version 1 Page 3 of 4 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 59 of 71 AGENDA ITEM #14. C.1. 130 131 ATTEST: 132 133 Scott Arndt, Borough Mayor 134 Nova M. Javier, MMC, Borough Clerk 135 136 Introduced by: Mayor and Assembly 137 First reading: 138 Second reading/public hearing: 139 140 VOTES: 141 Ayes: 142 Noes: 143 144 145 Ordinance No. FY2024-17 Page 4 of 4 Version 1 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 60 of 71 AGENDA ITEM #1 TA. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 21, 2024 4 ' �s ASSEMBLY REGULAR MEETING SUBJECT: Litigation Update And Discussion Regarding Claims Filed By Rebecca Nelson Against The Kodiak Island Borough And Bayside Fire Department ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Move to convene into executive session to provide an update on the litigation filed by Rebecca Nelson against the Kodiak Island Borough. This matter qualifies for executive session per KIBC 2.30.030 (F)(1)(b) as a matter that the immediate public knowledge would tend to affect adversely the finances of the borough. Move to invite the Mayor, Assembly, Borough Manager, Clerk, Fire Protection Area No. 1 Members Carstens and VanDyke into executive session. DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Litigation Update And Discussion Regarding Claims Filed By Rebecca Nelso... Page 61 of 71 AGENDA ITEM W.B. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 21, 2024 ASSEMBLY REGULAR MEETING SUBJECT: Litigation Update Regarding Kodiak Area Native Association v. Kodiak Island Borough, Case No. 3 KO-21-57CI ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Move to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(a) to discuss pending litigation to which the Borough is a party and to provide direction to the Borough Manager regarding that litigation. Move to invite the Mayor, Assembly, Borough Manager, Assessor, and Borough Clerk into executive session. DISCUSSION: This executive session has been scheduled to permit the Assembly to receive information concerning the present litigation with Kodiak Area Native Association (KANA), and to provide the Manager with direction concerning the case and possible actions. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIB Code Title 2 Administration and Personnel Chapter 2.30 Rules of the Assembly "F. Executive Sessions. The assembly may meet in executive session, at the call of the mayor, deputy presiding officer, or any four members of the assembly, only during a regular or special meeting, to privately discuss matters of confidential concern to the well-being of the borough government. 1. Upon adoption of a motion stating the purpose for an executive session the assembly in closed session may discuss: a. Potential or pending litigation to which the borough may become or is a party..." Kodiak Island Borough Litigation Update Regarding Kodiak Area Native Association v. Kodiak Isl... Page 62 of 71 AGENDA ITEM #19.A. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — March 11, 2024 SUMMARY ACTION ITEMS: APPROVED: Motion to enter into executive session for purpose receiving an update from legal counsel in accordance with BP 2123 and AS 44.62.310-.312, and to include Superintendent Cyndy Mika, Assistant Superintendent Kim Saunders, Board Secretary Laurie Pardoe, and Attorney Matthew Singer, as appropriate. APPROVED: Motion to approve the Agenda as submitted. APPROVED: Motion to approve the consent Agenda to include: • Regular Meeting Minutes of February 19, 2024 • Special Meeting Minutes of February 26, 2024 APPROVED: Motion to acknowledge the receipt of the February 2024 (Feb 1 -March 6) Report of Revenues and Expenditures, with Year -to -Date General Fund Revenues in the amount of $32,326,144.45 and Year -to -Date General Fund Expenditures in the amount of $31,500,555.75. APPROVED: Motion to approve the FY25 Preliminary Budget Option B, as presented. APPROVED: Motion to approve the FY25 Administrative Contracts as presented, in the amount $ 1,933,670.00. APPROVED: Motion to approve the 2024-2025 Certificated Contract for Simplicio Valladolid, as submitted. APPROVED: Motion to approve the 2024-2025 Certificated Contract for Laurie Maples, as submitted. APPROVED: Motion to approve the Superintendent's authorization to approve internet contracts on 3.27.2024, if needed. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kibsd.org. Women's Bay Service Area Board Regular Meeting Minutes of February 6, 20... Page 63 of 71 AGENDA ITEM #19.A. WOMENS BAY SERVICE BOARD REGULAR MEETING MINUTES Date: Tuesday, February 6, 2024 5:30 p.m. Call to Order: 5:30 Commissioners Present: Travis Cooper, Billy Ecret vice -chair, Dave Heuman-Secretary, Jon Melin and Bill Roberts. Excused; Jason Chandler and Greg Egle-Chair. Dave Conrad, Fire Chief, and Kevin Arndt, Contractor Davis Hovey, KMXT reporter Approval of agenda by unanimous vote. Approval of minutes by unanimous vote for: 1. Regular Meeting of January 9, 2024 Citizen's Comments: none Contractor Comments: 1. Ice abatement/control, numerous areas with ice building up currently. Chairman's Report: 1. Work orders a) Tried using salt to break up ice, used grader and hit ditches in areas. 2. Budget updates a) FD; ^-15% expended ytd b) RS; -62% expended ytd 3. Communications a) Sgt Ck entrance project was removed from KIB capital improvement project list without any notice to SAB. To get on CIP list would need to submit to the Community Development Dept. Old Business: 1. Fire Dept a) Repeater install pending b) Brush Truck Recall pends scheduling w/ ferry trip c) Water line repaired, will replace entire line and pump with new pump and PEX after spring thaw allows, NTE 15k. 2. Road Service a) KIB did not place the Sgt Ck/Rezanof highway entrance flooding on CIP list New Business: 1. Fire Dept a) Will allot 60k for Overhead doors replacement b) Dave Conrad will forward FD Budget packet for the Budget Public Hearing on Feb 20. 2. Road Service a) Dave Heuman presented FY 25 Budget Page 1 of 2 Women's Bay Service Area Board Regular Meeting Minutes of February 6, 20... Page 64 of 71 AGENDA ITEM #19.A. WOM ENS BAY SERVICE BOARD REGULAR MEETING MINUTES worksheet, will finish packet for Budget Public Hearing on Feb 20. Citizen's Comments: Dave Hovey from KMXT introduced himself. Board Member Comments 1. BR; The KIB removing Sgt Ck Project from the CIP list without any notice or interaction was unconscionable. Meeting adjourned at 6:05 pm Public Budget Hearing scheduled for February 20, 2024 @ 5:30 pm Next Regular meeting scheduled for March 5, 2024 at 5:30 p.m. CHAT "ESAN WITNESS VED, MAR 0 6 1014 BOROUGH CLEWS OFFICE KODIAK, ALASKA Page 2 of 2 Women's Bay Service Area Board Regular Meeting Minutes of February 6, 20... Page 65 of 71 WOMENS BAY SERVICE BOARD A 9.A. BUDGET PUBLIC HEARING MEETING MINUTES MAR 0 6 1024 Date: Tuesday, February 20, 2024 5:30 p.m. BOROUGH CLERICS OFFICE Call to Order: 5:32 KODL K, ALASKA Commissioners Present: Jason Chandler, Travis Cooper, Billy Ecret vice -chair, Greg Egle- Chair, Dave Heuman-Secretary, Jon Melin and Bill Roberts. Kevin Arndt, Contractor Approval of agenda by unanimous vote. Citizen's Comments: none Contractor Comments: 1. Kevin Arndt presented that the current Road Service funding levels do not support getting necessary maintenance done in a timely manner, if at all. Specifically gravel topping and failing culverts. Budget Hearing FY 2025 1. Fire Dept a) Billy Ecret presented the FY 2015 proposed budget, motion to approve passed unanimously 2. Road Service a) Dave Heuman presented FY 25 Budget worksheet. b) Decision to revisit the FY 25 budget at the March 5 meeting, Greg Egle and Bill Robert's will speak with KIB manager to discuss funding options, to be presented at the March 5 budget/ regular meeting Meeting adjourned at 6:02 pm Next Regular/Budget meeting scheduled for March 5, 2024 at 5:30 p.m. t �z CHAIRPE S N WITNESS Page 1 of 1 Women's Bay Service Area Board Regular Meeting Minutes of February 6, 20... Page 66 of 71 KODIAK ISLAND BOROUGH Health Facilities Advisory Board February 12, 2024 Held in the Providence Barometer Conference Room. ROLL CALL AGENDA ITEM #19.A. Jarred Griffin called the regular meeting to order at 3:02 p.m. Board Members present were Jared Griffin, James Turner, Scott Smiley, and David Conrad. Aimee Williams was excused as absent. A quorum was established. Also present were Providence Kodiak Island Medical Center Director Karl Hurtz, Victor Weaver, Tim Hocum, Codi Allen, and Dale Rahn. APPROVAL OF MINUTES TURNER MOVED to approve the minutes of January 8, 2024, as presented. CONRAD seconded. VOICE VOTE PASSED UNANIMOUSLY CITIZENS COMMENTS (Limited To Three Minutes Per Speaker) AGENDA ITEMS a. Hospital (PKIMC) Update 1. SPD (Autoclaves) Update on approval request to Assembly for 35% design ($90,649) and 65% design ($53,208) for a total of $143,857. 2. Steam Generator/RO Water System Upgrade - Update on approval request to Assembly in the amount of $29,788. Discussion about how items 1 and 2 were both on the Assembly Work Session agenda and will be voted on Thursday Feb 15. There was mention that the SPD was confusing to some of the Assembly members of what KIB was actually paying for. Dave Conrad had clarified at the Assembly Work Session. 3. OR Door Replacement Update - Glass was received and installed, doors have been shipped, estimated arrival the week of Feb. 12, 2024. OR Door replacements have arrived and PKIMC will work on getting them installed. 4. St. Elias Sterilizer - steam valve was leaking, replacement ordered, estimated to arrive week of Feb. 12, 2024. St. Elias unit is in and was tested. There was a steam valve leak. Replacement due to arrive tomorrow Feb. 13, 2024 and they will get it installed ASAP and have the unit re -tested for function. There was a discussion about making sure there are critical spares available and for PKIMC to reach out to contacts in town to see if there is one available for temporary use. 5. MRI Ice Melt System Install - estimated start the week of Feb. 12, 2024. Kodiak Island Borough February 12, 2024 Health Facilities Advisory Board Minutes Page 1 of 3 Women's Bay Service Area Board Regular Meeting Minutes of February 6, 20... Page 67 of 71 r b. AGENDA ITEM #19.A. Just an item to inform the group. This work will help prevent slips and falls from the main building to the MRI unit. 6. OR Fire Damper Failure - situation update. Victor provided an overview of the failure that happened, what was done to remedy the situation and that they are now prepared if something like this happens in the future. 101 fire dampers identified on original inspection, 103 now identified on red -lined drawings. Both failed at the same time for the same reasons. Access doors installed for easier access for future work/inspection. 7. PKIMC Fuel Tank Anti -Siphon Valve - estimated replacement date Feb. 6, 2024. Received and replaced the anti -siphon valve. Doing a generator test in the next few weeks. PKIMC will send a report to Dave. Borough Discussion Items Priorities discussion. PKIMC wants to work with KIB to strategically move forward with items but not go over budget. If that means that PKIMC replaces a few things at a time, then that is what they do. Example ATS, yes would it be nice to replace all at the same time, but not affordable. PKIMC will keep working on preparing a better list. David Conrad presented Jared's Assembly item request (submitted in August 2023, received by Staff Feb 2024), the PKIMC Lease, and provided a brief history of the lease, R&R funds, and the change overs of staff. Most of the answers Jared is looking for are in the Lease. Scott Smiley asked to have the Lease sent to all Assembly members. Jared asked of Scott could help get this onto the Assembly agenda for discussion. David Conrad announced that the Spill Settlement numbers have be re -calculated and he and Dale are working on getting that finalized. David Conrad announced that he received the draft of the report for the Space Analysis. He sent it to Karl and Carol for review first and then sent it back to Architect Corey Wall. This report will be helpful to answer many of the questions folks have about PKIMC. Board asked to have this on the next meeting agenda. BOARD MEMBERS COMMENTS David Conrad — None. Scott Smiley — Ask that if we run into a problem buy a replacement and a second one to hold as a critical spare incase of emergencies. Victor responded with they typically do, and there were discussions about the partnership. Kodiak Island Borough February 12, 2024 Health Facilities Advisory Board Minutes Page 2 of 3 Women's Bay Service Area Board Regular Meeting Minutes of February 6, 20... Page 68 of 71 r L AGENDA ITEM #19.A. James — None. Jared — None. SET NEXT MEETING DATE AND TIME March 41h, 2024 at 3:00pm at the Providence Barometer Conference Room ADJOURNMENT TURNER MOVED to approve the Adjourn meeting at 3:48pm. SMILEY seconded. VOICE VOTE PASSED UNANIMOUSLY INFORMATION MATERIALS ��9 's,% R III i: U9lA'E Patkia Valerio, Engineering and Facilities Department Date: �2,f U Kodiak Island Borough February 12, 2024 PPROVED BY: Jar6q'Sriffin �_J Health Facilities Advisory Board Chairman Date: L�� MAR 11 2024 C' -OUGH CLERK'S OFFICE ;:ODIAK,ALASKA N Health Facilities Advisory Board Minutes Page 3 of 3 Women's Bay Service Area Board Regular Meeting Minutes of February 6, 20... Page 69 of 71 AGENDA ITEM #19.A. KODIAK ISLAND BOROUGH Solid Waste Contract Committee February 6, 2024 Held in the Borough Conference Room of the Kodiak Island Borough Building. ROLL CALL James Turner called the regular meeting to order at 1:03 p.m. Board Members present were James Turner, Scott Smiley, and Larry LeDoux. A quorum was established. Also present were Kodiak Island Borough Manager Aimee Williams, Kodiak Island Borough Engineering & Facilities Director David Conrad, Kodiak Island Borough Solid Waste Manger Jena Hassinger, Alaska Waste David Edwards, and Coral Chernoff. APPROVAL OF MINUTES SMILEY MOVED to approve the minutes from January 23, 2024. VOICE VOTE CARRIED UNANIMOUSLY CITIZENS COMMENTS (Limited To Three Minutes Per Speaker) Coral Chernoff — What is the goal with the committee? David Edwards — Happy to keep working with the Borough. AGENDA ITEMS Proposed Service Table With Updated Definitions David Conrad introduced the new definition table and summarized Staff's goal with the changes. There was discussion among the Board and those present regarding the definitions, how to monitor waste stream, and creating a flow chart. Edits suggested: - Add in the Bear Aware Area and Non -Roll -Cart service areas into the definition of self -haul. - Remove Vertical Party Wall. Define process and timeframes for overuse or increased use, also define how to reduce the use if it is only increased during a certain season. Larry voiced concerns with how these changes will affect the contract that is currently in place. BOARD MEMBERS COMMENTS Scott Smiley — I like it. Larry LeDoux — I have concerns, but I already voiced them. James Turner — Clean up and bring it back to us. Kodiak Island Borough February 6, 2024 Solid Waste Contract Committee Minutes Page 1 of 2 Women's Bay Service Area Board Regular Meeting Minutes of February 6, 20... Page 70 of 71 SET NEXT MEETING DATE AND TIME February 27'h at 1:00pm in KIB Conference Room. ADJOURNMENT SMILEY MOVED to adjourn at 1:37pm. VOICE VOTE CARRIED UNANIMOUSLY INFORMATION MATERIALS S MITTED BY: ��%d P tricia Valerio, Engineering and Facilities Department Date: 7i Kodiak Island Borough February 6, 2024 AGENDA ITEM #19.A. Solid Waste Contract Committee Chairman Date: Z - Z 1., 2 IRE 'iVED MAR 11 1014 BORt?11-4 CLERICS OFFICE KC-�;AK, ALASKA Solid Waste Contract Committee Minutes Page 2 of 2 Women's Bay Service Area Board Regular Meeting Minutes of February 6, 20... Page 71 of 71 Kodiak Island Borough Assembly Regular Meeting Guidelines Assembly Chambers Thursday, March 21, 2024, 6:30 p.m. 1. INVOCATION MAJOR DAVE DAVIS OF THE SALVATION ARMY. 2. PLEDGE OF ALLEGIANCE MAYOR ARNDT WILL LEAD THE PLEDGE OF ALLEGIANCE. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL KIBC 2.25.070... the chair shall cause the record to reflect the absence of the member, the reason for the absence, and whether the absence is excused by the assembly. Recommended motion: Move to excuse Assembly members LeDoux and Sharratt who are absent due to personal leave and Assembly member Turner due to medical reasons. ROLL CALL VOTE ON THE MOTION 5. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed marked with an asterisk (*) are considered to be routine and non -controversial items by the Assembly and will be approved by one motion. 6. *APPROVAL OF MINUTES A. Regular Meeting Minutes of March 7, 2024 7. CITIZENS' COMMENTS Agenda items not scheduled for public hearing and general comments. Read the phone numbers: Local is 907-486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. Sign in and state their name for the record. 2. Turn on the microphone before speaking. 3. Address all remarks to the assembly as a body and not to any member thereof. 4. If calling in — turn off any listening devices to prevent feedback Page 1 of 5 8. AWARDS AND PRESENTATIONS — NONE. 9. COMMITTEE REPORTS 10. PUBLIC HEARING — NONE. 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. FY2023-03B 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 Finance Department Records Series Recommended motion: Move to adopt Resolution No. FY2023- 03B. Staff report — Nova M. Javier, Borough Clerk Assembly discussion. ROLL CALL VOTE ON THE MOTION 2. Resolution No. FY2024-15 Approving The Native Village Of Karluk And The Karluk IRA Tribal Council As An Unincorporated Community For Participation In The FY25 Community Assistance Program Recommended motion: Move to adopt Resolution No. FY2024-15. Staff report — Aimee Williams, Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION Page 2 of 5 3. Resolution No. FY2024-18 Designating The Individual Who Will Serve As Temporary Administrative Official During The Absence Of The Regular Administrative Official Recommended motion: Move to adopt Resolution No. FY2024-18. Staff report — Aimee Williams, Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION 4. Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 State And Local Cyber Security Grant (SLCGP) Recommended motion: Move to adopt Resolution No. FY2024-19. Staff report — Aimee Williams, Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title 2 Administration And Personnel, Section 2.30 Rules Of The Assembly, Sections 2.30.060 Order Of Business And Agenda, And Section 2.30.070 Ordinances, Resolutions, And Motions To Update Processes For Agenda Setting And Submission Of Items Primary motion: Move to advance Ordinance No. FY2024-17 Version to public hearing at the next regular meeting of the Assembly. Staff report — Nova M. Javier, Borough Clerk Secondary motion: Move to postpone Ordinance No. FY2024-17 as an Ordinance for Introduction at the May 2, 2024, regular meeting. ROLL CALL VOTE ON THE MOTION 14.D. OTHER ITEMS — NONE. Page 3 of 5 15. CITIZENS' COMMENTS Read the phone numbers: Local is 907-486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. Sign in and state their name for the record. 2. Turn on the microphone before speaking. 3. Address all remarks to the assembly as a body and not to any member thereof. 4. If calling in — turn off any listening devices to prevent feedback. 16. ASSEMBLY MEMBERS' COMMENTS The Borough offices and facilities will be closed to the public on Monday, March 25, in observance of Seward's Day Holiday. The next Assembly Work Session is scheduled on Thursday, March 28, 2024, at 6:30 p.m. in the Borough Assembly Chambers. The next Assembly Regular Meeting is scheduled on Thursday, April 4, 2024, at 6:30 p.m. in the Borough Assembly Chambers. 17. EXECUTIVE SESSION A. Litigation Update And Discussion Regarding Claims Filed By Rebecca Nelson Against The Kodiak Island Borough And Bayside Fire Department Recommended motion: Move to convene into executive session to provide an update on the litigation filed by Rebecca Nelson against the Kodiak Island Borough. This matter qualifies for executive session per KIBC 2.30.030 (F)(1)(b) as a matter that the immediate public knowledge would tend to affect adversely the finances of the borough. Assembly discussion. ROLL CALL VOTE ON THE MOTION Recommended motion: Move to invite the Mayor, Assembly, Borough Manager, Borough Clerk, Fire Protection Area No.1 Members Carstens and Vandyke into executive session. VOICE VOTE ON MOTION After the vote, Mayor Arndt recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Arndt reconvenes the regular meeting and announces Page 4of5 B. Litigation Update Regarding Kodiak Area Native Association v. Kodiak Island Borough, Case No. 3 KO-21-57CI Recommended motion: Move to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(a) to discuss pending litigation to which the Borough is a party and to provide direction to the Borough Manager regarding that litigation. Assembly discussion. ROLL CALL VOTE ON THE MOTION Recommended motion: Move to invite the Mayor, Assembly, Borough Manager, Assessor, and Borough Clerk into Executive Session. VOICE VOTE ON MOTION After the vote, Mayor Arndt recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Arndt reconvenes the regular meeting and announces 18. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION KIBC 2.30.030 A.... Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. Page 5 of 5 /0-� �ecial Reular KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date:�(�D1S / Regular � P v Convened: Recessed: Reconvened: Adjourned: BY: SECOND: oe BY: SECOND: BY: SECOND: Ok C�e \M BY: S� BY: SECOND SECOND: " \ C YES NO YES NO YES NO YES NO YES NQ. Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. LeDoux Mr. Sharratt rratt Mr. Smiley r. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Turner urner Mr. T Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside 1NOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? - TOTAL: TOTAL: -" TOTAL: TOTAL: TOTAL: The mayor may t vote except in the case where only six members of the assembly are present and there is a threk/three tie vote of the assembly. Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt T-1 Regular / Special 9 P Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: Date: 0161 Adjourned: BY: CDS SECOND: _ YES- NO BY: J SECOND: 4��2 dAJ wYES NO BY: (59 SECOND: S ` YES NO BY: SECOND: J�DJ YES NO BY: c2,5 SECOND: l V1 YES Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Griffin VrMr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. 5harratt Mr. Smiley Mr. Smiley VMr. Smiley V Mr. Smiley Mr. Smiley e rner Mr. Turner M r Ti Mr. Turner Mr. Whitesi Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside _IN WOULDANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL:1 41U TOTAL:14 1 �) TOTAL:14 I 1 -0 TOTAL: 1 TOTAL: The mayor may not vote except in the case wher6 only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Regular Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: ` O Reconvened: (• Date: Adjourned: BY: SECOND: BY: 1� SECOND: l 11A BY: SECOND: BY: SECOND: BY: SECOND: V YES NO YES NO YE NO numm Mr. Ames Mr. Ames Mr. Ames Mr. Ames V Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin ux Mr. LeDoux Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley AAr Mr. Whitesid Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside - - 1NOUL.D ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANC4E THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: I 11D The mayor may Not vote except in the case where only six members of the assenibly are present and there is a thr /three tie vote of the assembly. Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt 0 Regular Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: Date: AT)ot A4 . U4 Adjourned: -? ; 44FV\-_ BY: 02 6;7 BY: SECOND_�s SECOND• V BY: SECOND: BY: SECOND: BY: SECOND: YES NO YES NO YES NO YES NO I YES _ Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin ux Mr. LeDoux _.Mr. Sharratt Mr. Sharratt Mr. Smiley �V Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Tunim . Tur.ner Mr. I urneT^-- Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside OULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? '71 TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt Mayor Arndt ASSEMBLY'S PREROGATIVE IN JUDGING VOTING PROCEDURE Unless the bylaws provide otherwise, the Assembly itself is the judge of all questions arising that are incidental to the voting or the counting of the votes. In an election by ballot, for example, the tellers (p.401, I. 16-21) should refer to the Assembly for decision on all questions on which there is any uncertainty. REQUIRED VOTES FOR MOTIONS • (Motions reauirina 2/3 vote to carry (7 present reauires 5 ✓ Reconsideration on the same day ✓ Suspension of rules ✓ Limit of extend debate ✓ Declaring vacancy on the Assembly and Office of the Mayor ✓ Budget Adoption Veto — Override ✓ Extending the adjournment time beyond 11 p.m. Attorney's opinion dated April 6, 2023 Absences do not reduce the vote requirement. Otherwise, if there were only four (4) present, it might mean that 3 votes would approve a motion. The court is more likely to treat it as the number of votes of the fully constituted body, and would only reduce the number of persons were disqualified not just absent. He expected a court to read the voting requirement to include 2/3 of the FULL membership not just those who are in attendance. Majority vote is majority of the membership (quorum) ✓ Point of Order (KIBC 2.30.080) ✓ Previous Question ✓ Recess — not to exceed 20 minutes ✓ Appealing the decision of the chair when it comes to conflict of interest ✓ Extending the adjournment time beyond 10:30 p.m. ✓ Appointing the DPO requires majority ✓ Appointing a Manager (no sooner than one year after leaving Mayor/Assembly office) ✓ Calling a special meeting ✓ The same motion that receives the same outcome two meetings in a row shall not be revisited for six months unless the members by a majority vote agree to do so. KODIAK ISLAND BOROUGH Meeting Type: Assembly Regular Meeting rr■ ww &I ■ .■ ■ Date: March 21, 2024 Please rKIN i your name ieg!Dly rnone numper �Glirq 2 �_ Kodiak Island Borough Assembly Newsletter Vol. FY2024, No. 20 March 22, 2024 At Its Regular Meeting Of March 21, 2024, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On April 4, 2024, At 6:30 p.m. In The Borough Assembly Chambers. ADOPTED Resolution No. FY2023-03B 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 Finance Department Records Series ADOPTED Resolution No. FY2024-15 Approving The Native Village Of Karluk And The Karluk IRA Tribal Council As An Unincorporated Community For Participation In The FY25 Community Assistance Program AMENDED, ADOPTED Resolution No. FY2024-18 Designating The Individual Who Will Serve As Temporary Administrative Official During The Absence Of The Regular Administrative Official ADOPTED Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 State And Local Cyber Security Grant (SLCGP) POSTPONED Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title 2 Administration And Personnel, Section 2.30 Rules Of The Assembly, Sections 2.30.060 Order Of Business And Agenda, And Section 2.30.070 Ordinances, Resolutions, And Motions To Update Processes For Agenda Setting And Submission Of Items As An Ordinance For Introduction At The May 2, 2024 Regular Meeting CONVENED INTO EXECUTIVE SESSION To Provide An Update On The Litigation Filed By Rebecca Nelson Against The Kodiak Island Borough. This Matter Qualifies For Executive Session Per KIBC 2.30.030 (F)(1)(B) As A Matter That The Immediate Public Knowledge Would Tend To Affect Adversely The Finances Of The Borough. INVITED The Mayor, Assembly, Borough Manager, Borough Clerk's Office Staff, Fire Protection Area No.1 Members Carstens And Vandyke Into Executive Session. ANNOUNCED That DIRECTION Was Given To The Borough Manager To Pay The $100,000 Deductible In The Case Of Rebecca Nelson CONVENED INTO EXECUTIVE SESSION Under The Authority Of KIBC. 2.30.030 (F)(1)(A) To Discuss Pending Litigation To Which The Borough Is A Party And To Provide Direction To The Borough Manager Regarding That Litigation. INVITED The Mayor, Assembly, Borough Manager, Assessor, And Borough Clerk's Office Staff Into Executive Session. AUTHORIZED The Borough Manager To Pay The Attorney's Fees Plus Costs, Interests, And Other Applicable Fees View our website: Visit our Facebook page: � Follow us on www.kodiakak.us www.facebook.com/KodiakislandBorough Twitter: @KodiakBorough