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2024-05-02 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, May 2, 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 April 18, 2024 4 - 6 2024-04-18 RM Minutes 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Please call 1(907) 486-3231 or toll free 1(855) 492-9202 8. AWARDS AND PRESENTATIONS A. Proclamation In Recognition Of The National Salvation Army 7 - 8 Week enda Item Reoort - Pdf B. Proclamation Declaring May 5-11, 2024, As 55th Annual 9-10 Professional Municipal Clerks Week Agenda Item Report - Pdf Page 0 of 53 9. COMMITTEE REPORTS 10. PUBLIC HEARING Please call 1(907) 486-3231 or toll free 1(855) 492-9202 11. BOROUGH MANAGER'S REPORT A 20240502 Managers Report 11 - 16 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 14.13. RESOLUTIONS 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2024-17 An Ordinance Of The Assembly 17-42 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 1. Declaring A Seat Vacant On The Architectural and 43-46 Engineering Review Board/Building Code Board of Appeals (Mr. Codi Allen) Agenda Item Report - Pdf Iii F'ityIIrFA210RX4Z0]►TA I►TA 1210 1161 16. ASSEMBLY MEMBERS' COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS A. Kodiak Island Borough School District Board Meeting Summary 47 Page 1 of 53 Of April 15, 2024 2024-04-15 Summary B. April CIRCAC Director Report 48 Director Report - Arndt C Meeting Materials 49-53 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 53 AGENDA ITEM #6.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting April 18, 2024 A regular meeting of the Kodiak Island Borough Assembly was held on April 18, 2024, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Aimee Williams, Borough Clerk Nova M. Javier, and Deputy Clerk Lina Cruz. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Arndt led the Pledge of Allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Mayor Scott Arndt, Assembly Members Steve Ames, Jared Griffin, Larry LeDoux, Ryan Sharratt, Scott Smiley, James Turner, and Bo Whiteside. 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 April 4, 2024 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Bill Oliver • Barbara Brown • Cort Neff • Nancy Castro 8. AWARDS AND PRESENTATIONS A. Proclamation Declaring The Month Of May 2024 Building Safety Month Mayor Arndt proclaimed the month of May 2024 as Building Safety Month and presented the Proclamation to Deputy Building Official Paul Sorongon. 9. COMMITTEE REPORTS — None. Kodiak Island Borough April 18, 2024 Assembly Regular Meeting Minutes Page 1 of 3 Regular Meeting Minutes Of April 18, 2024 Page 4 of 52 AGENDA ITEM #6.A. 10. PUBLIC HEARING A. Ordinance No. FY2024-18 Adopting Changes To The Non -Bargaining Covered Positions Salary Schedules To Match The Bargaining Unit Positions Salary Schedule Changes Approved With The Collective Bargaining Agreement, Contract No. FY2024-06 SMILEY moved to adopt Ordinance No. FY2024-18. 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: Ames, Griffin, LeDoux, Sharratt, Smiley, Turner, and Whiteside. 11. BOROUGH MANAGER'S REPORT Borough Manager Williams provided a manager's report, and it was included in the packet. 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Arndt noted that he was glad the Manager mentioned all the meetings they attended together. He reminded everyone to take extra precaution due to the heavy rains in Kodiak. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS — None. 14.B. RESOLUTIONS 1. Resolution No. FY2024-21 Authorizing The Manager To Accept The 2024 Volunteer Fire Capacity (VFC) Grant For The Fire Protection Area No. 1 (Bayside Volunteer Fire Department) And The Womens Bay Volunteer Fire Department SMILEY moved to adopt Resolution No. FY2024-21. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Sharratt, Smiley, Turner, Whiteside, and Ames. 14.C. ORDINANCES FOR INTRODUCTION — None. Kodiak Island Borough April 18, 2024 Assembly Regular Meeting Minutes Page 2 of 3 Regular Meeting Minutes Of April 18, 2024 Page 5 of 52 AGENDA ITEM #6.A. 14.D. OTHER ITEMS 1. Approval Of A Letter Supporting House Bill 173 An Act Relating To Public Construction Contracts To Update The Little Davis Bacon Act (LDBA) Public Construction Contract Threshold In The State Of Alaska SMILEY moved to approve the letter supporting House Bill 173 an act relating to public construction contracts. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Sharratt, Smiley, Turner, Whiteside, and Ames (Ayes); LeDoux and Griffin (Noes) 15. CITIZENS' COMMENTS — None. 16. ASSEMBLY MEMBERS' COMMENTS • Assembly member Turner would like to discuss fish severance tax in the upcoming revenue budget discussions. • Assembly member Ames appreciated the land presentation at the last work session noting the Borough is moving in the right direction on land issues. • Assembly member Whiteside congratulated those who were promoted to full pledged firefighters -- Kellen Zoellner, Andrew Park, and Jared Weems. His request to travel to Old Harbor before the end of the fiscal year was granted. • Assembly member LeDoux would like to see a work session held to discuss what is needed to be able to put land out for sale. He congratulated the fire departments for their speedy response to a recent fire. • Assembly member Sharratt concurred with Assembly member LeDoux's comment about putting land out for sale. He congratulated Assembly member Griffin for the success of the Shakespeare play. He commented on the SkillsUSA program and School District budget. He complimented Manager Williams for her attendance to the Emergency Operations meeting. 17. ADJOURNMENT SMILEY moved to adjourn the meeting at 7:25 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Kodiak Island Borough April 18, 2024 ATTEST: Nova M. Javier, MMC, Borough Clerk Assembly Regular Meeting Minutes Page 3 of 3 Regular Meeting Minutes Of April 18, 2024 Page 6 of 52 AGENDA ITEM #8.A. KODIAK ISLAND BOROUGH STAFF REPORT MAY 2, 2024 4 ' �s ASSEMBLY REGULAR MEETING SUBJECT: Proclamation In Recognition Of The National Salvation Army Week ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Mayor Arndt will read the proclamation. DISCUSSION: This proclamation recognizes the valuable service of the Salvation Army to the Kodiak Island Borough. This also urges everyone to express their appreciation to the Salvation Army for their good works and to follow their example of service a cause greater than themselves. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Proclamation In Recognition Of The National Salvation Army Week Page 7 of 52 AGENDA ITEM #8.A. (Nice of the vapor Robia k Matt 36orous , Robia k OYa kac 3n Recopthon of the Aatfonai baibatfon amp Week Map 13-19, 2024 WHEREAS, in 1954, the first National Salvation Army week was declared by the U.S. Congress and proclaimed by President Dwight D. Eisenhower as a reminder to Americans to give freely of themselves in service to others; and WHEREAS, the Salvation Army members continue their compassionate tradition of helping wherever there is hunger, disease, destitution, and spiritual need and provides for those in the most need without discrimination; and WHEREAS, the Salvation Army has one agenda: to meet human need without discrimination; and WHEREAS, assist approximately 23 million Americans annually, serve in 130 countries around the globe; and WHEREAS, with over 1.5 million members consisting of officers, soldiers, and adherents The Salvation Army has pursued their mission since 1865; and WHEREAS, the Salvation Army should be commended for its selfless dedication to helping meet the physical and spiritual needs of people across Alaska. NOW, THEREFORE, I, Scott Arndt, Mayor of the Kodiak Island Borough, do hereby recognize the valuable service of the Salvation Army to the Kodiak Island Borough and urge everyone to express their appreciation to the Salvation Army for their good works and to follow their example of service a cause greater than themselves. In witness whereof, I have here unto set my hand and cause this seal to be affixed. Scott Arndt, Borough Mayor Attes.0 Nova M. Javier, MMC, Borough Clerk Proclamation In Recognition Of The National Salvation Army Week Page 8 of 52 AGENDA ITEM #8.B. KODIAK ISLAND BOROUGH STAFF REPORT MAY 2, 2024 4 ' �s ASSEMBLY REGULAR MEETING SUBJECT: Proclamation Declaring May 5-11, 2024, As 55th Annual Professional Municipal Clerks Week ORIGINATOR: Irene Arellano, Assistant Clerk RECOMMENDATION: Mayor Arndt proclaims the week of May 5 through 11, 2024 as Professional Municipal Clerks Week. DISCUSSION: The 55th Annual Professional Municipal Clerks Week is celebrated May 5 through May 11, 2024. This week is to recognize the accomplishments of all the Professional Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Initiated in 1969 by IIMC and endorsed by all of its members throughout the United States, Canada and 15 other countries, the Annual Professional Municipal Clerks Week is a time of celebration and reflection on the importance of the Clerk's office who provides the professional link between the citizens, the local governing bodies and agencies of government at other levels. In 1984, President Ronald Reagan signed a proclamation that officially declared Municipal Clerks Week the first full week of May. In 1994 and 1996, President Bill Clinton also signed proclamations confirming Municipal Clerks Week. Kodiak Island Borough Proclamation Declaring May 5-11, 2024, As 55th Annual Professional Munic... Page 9 of 52 AGENDA ITEM #8.B. Office of the Mayor Kodiak Island Borough, Alaska Prodrimatt'jalt DECLARING MAY 5-11, 2024 55TH ANNUAL PROFESSIONAL MUNICIPAL CLERKS WEEK Whereas, The Office of the Professional Municipal Clerk, a time honored and vital part of local government exists throughout the world; and Whereas, The Office of the Professional Municipal Clerk is the oldest among public servants; and Whereas, The Office of the Professional Municipal Clerk provides the professional link between the citizens, the local governing bodies, and agencies of government at other levels; and Whereas, Professional Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and Whereas, The Professional Municipal Clerk serves as the information center on functions of local government and community; and Whereas, Professional Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Professional Municipal Clerk through participation in education programs, seminars, workshops, and the annual meetings of their state, provincial, county, and international professional organizations; and Whereas, It is most appropriate that we recognize the accomplishments of the Office of the Professional Municipal Clerk. Now, Therefore, I, Scott Arndt, Mayor of Kodiak Island Borough, do recognize the week of May 5 through 11, 2024, as Professional Municipal Clerks Week, and further extend appreciation to our Professional Municipal Clerks, Borough Clerk Nova Javier, Deputy Clerk Lina Cruz, and Assistant Clerk Irene Arellano and to all Professional Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. In witness whereof, I have here unto set my hand and cause this seal to be affixed. Scott Arndt, Borough Mayor A EST: Nova M. Javier, MMC, Bor 3gh Clerk Proclamation Declaring May 5-11, 2024, As 55th Annual Professional Munic... Page 10 of 52 Kodiak Island Borough OFFICE of the MANAGER TO: Kodiak Island Borough Assembly FROM: Seema Garoutte RE: Manager's Report, May 2, 2024 Budget Calendar — 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 Manager's Department o Local Contribution Ask Recived — April 30th o Level II Manager's Budget — May 6th o Budget Ordinance in Packet Review — May 91h o Certified Roll Expected — May 10th o Ordinance Introduction — May 16th o Public Hearing — June 6th o Due Date — June 10th KISA Lease — Aimee met with KISA this week to address sections of the lease about types of guns authorized at the range. Emergency Management Training — Kodiak Island Borough will be hosting Texas A&M Engineering Extension Services (TEEX), Emergency Services Training Institute's MGT -312- Senior Officials Workshop for All Hazards Preparedness and MGT 340 — Crisis Management on June 10-11, 2024. All training will be delivered at Bayside Volunteer Fire Department. Upcoming Travel — • PWSRCAC — April 30th — May 3rd (Assessing Director is sitting 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 Multi -Hazard Multi -Jurisdiction Hazard Mitigation Plan — On April 30', the Community Development Director and the Associate Planner were on KMXT's Talk of Rock to discuss the hazard mitigation plan update and the upcoming release of the hazard mitigation community survey on May 3. More information on the survey can be found at https://tinyurl.com/2024klbhm. Planning & Zoning Commission - A work session is scheduled for May 8. The work session includes the ADU amendment, a rewrite of Chapter 17.205 KIBC, and a review of a land disposal application related to an easement request from KEA for Lakeside Subdivision Lot 2A. Assessing Department Board of Equalization (BOE) - The BOE (KIBC 3.35.050) meets Monday, May 6, 2024. The BOE will hear 5 appeals. SC/DV exemptions- • 834 Senior applications and 110 Disabled Veteran applications were processed by staff. • Three (3) late filers were notified of denial. None chose to come before the Assembly to prove good cause. • Twenty-five (25) letters for not meeting PFD residency requirements or PFD denied status will be sent out the week of May 13. • As of 05/01/2024, thirty-four (34) applications have an undetermined status and will have to be supplemented in the roll throughout the year if they become eligible. Post Cards- Assessing is preparing for the mailing of over 1100 postcards for the review areas of Monashka, The Flats, Chiniak, and Pasagshak Certified Roll — Assessing will work with the BOE to get the roll certified by May 8, 2024. Current Projects — Property cleanup for Tyler Conversion Conversion meetings with Tyler began Tuesday April 2, 2024. 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) One exemption application was received past the deadline. Engineering and Facilities TRI -Annual AHERA Inspection Invitation to Bid — Released to public on April 26th via the KIB Website. The Tri -Annual AHERA inspections are a compliance requirement for 40 CFR 763 regarding asbestos containing materials in school facilities around Kodiak Island. HFAB — Hospital Facilities Advisory Board — The next scheduled meeting is May 13, 2024, in the KIB Conference Room. Solid Waste Contract Committee — The next scheduled meeting is on May 14, 2024, at 1:OOpm in the KIB Conference Room. Old Mental Health Facility — Sampling took place April 12th - 13th. Staff is waiting for results. (It usually takes two — three weeks for water samples to be returned) Landfill — Still waiting to hear if Denali Commission funding will be awarded for an update to the Solid Waste Management Plan KIBSD — Petersen Roof — Met with Project Manager, Site Supervisor, School Principal, and several teachers on Friday, April 19, 2024, to go over the project and let the school know what to expect as the work takes off. The supplies for the project have made it to the Port of Seattle and are scheduled to depart mid-May. There are nineteen forty -foot containers that will be staged on the ball field next to the school. They should arrive after the school year is complete, so they will not interfere with end of school year activities. Leachate Treatment Plant —No discharge to the environment due to heavy rainfall recently. Staff is working to process as much leachate as the plant will allow to reduce the stored quantity. Long Term Care — Contact has been made with the Providence real estate division. R&R discussion and lease update is being started. ADEC has given permission to land spread treated soils at the site this summer. Finance Department Budget — Collecting changes for the Level 11 Manager's Budget Property Taxes . Real Property: Final 30 -Day redemption period for those 2022 properties in foreclosure begins May 10th. Currently, only non -voidable forms of payment (cash, cashier's check or money orders) will be accepted as payment on those properties. If properties remain unredeemed on June 10th, staff will be petitioning the court for a Clerk's Deed to the property. . Personal Property: Borough staff is continuing to file small claims documents with the court for delinquent personal property accounts. Property Assessment and Taxation Implementation Project — Staff is continuing to meet with Tyler staff to review business rules and processes. Staffing — We are still advertising for an accountant position. 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 Kodiak.gov. Rename kib.local to kodiak.gov — IT is researching a project to rename the kib.local Microsoft Windows forest to Kodiak.gov — 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: i. 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) — latest area is Akhiok. 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. Creating maps for the Hazard Mitigation plan for Community Development. vii. Preparing for the resumption of the summer google street view project. viii. Working on field maps for Assessing's summer projects of property assessment. Network Security - Ongoing efforts to improve overall network security. i. Active directory accounts review ii. Active Directory reorganization iii. Group policy review iv. Network device vulnerability scanning V. System Patch policy and enforcement vi. Ongoing efforts to upgrade server operating systems and switch infrastructure. vii. Working on a comprehensive network diagram for documentation. viii. Reviewing different security software for user account and file access reporting ix. Reviewing endpoint and log management via an open source SIEM X. Reviewing other grants that are available to KIB for additional improvements and capabilities. Alaska State and Local Cybersecurity Grant Program (SLCGP) – This is a grant from the state of Alaska that is focused on improving the network security of the State and Local governments in Alaska. It covers multiple years with multiple rounds of funding for security audits and follow up projects. i. Audit - 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 has been approved and will be advertised this week. ii. 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. iii. IDS Review – IT currently uses DarkTrace for its IDS, however the SLCGP has kicked off a review of its capabilities vs other solutions which is ongoing. Hyper V Virtualization Testing – IT is setting up a Microsoft based virtualization platform utilizing old servers to test out Hyper -V and if it is a viable alternative to newly expensive VMWare licensing after Broadcom acquired VMWare earlier this year. Reviewing and updating KIB's IT power outage procedures -- IT is putting together a step-by-step document that covers how to gracefully shut down and bring back up the data center and its servers and enterprise storage and networking. Reviewing the www.kodiakak.us website for ADA compliance – IT is reviewing our website for Americans with Disabilities Act compliance. Bayside Fire Department Personnel Activity / Professional Development / Training • The Members are working hard to put our newest Firefighter Safety Equipment in service and add to our repertoire of technical rescue capabilities. The level of training needed to be competent in areas of technical rescue is extreme and the commitment by the members to achieve these lofty goals is solid. There will be updates from time to time as to the progress of this training and enhancement of service level. The Bayside Fire Department continues to field numerous calls and complaints regarding outside burning of debris, trash, and construction materials. Residents are reminded that only clean dry natural wood / forest products are allowed to be burned under a permit. Further please read ALL the items you agree to follow when applying for a permit online. Further DO NOT forget to call the morning of your expected burn to gain final permission for said burn. Due to the nature of some of the unpermitted types of burns, a fire official may first come out to inspect the intended burn to verify compliance. Any deviation from State and Borough Regulations regarding open burning may result in the fire being extinguished and denial of future permits. Finally, residents are reminded to obtain a state permit for any burn during the State Fire Season which is currently ongoing. Campus Upgrades and Maintenance — The BFD will begin annual hydrant maintenance, which will include servicing of caps, bonnets, and painting of hydrants. We ask residents to clear a 3 -foot -wide area around all hydrants near their residence. There should be no obstructions such as displays, brush, or plantings. The Fire Department s ability to readily locate and utilize a hydrant is of paramount importance to our entire community. "Stuff to Just Make You Happy" — The Department welcomes back probationary Firefighter Sam Ryan. He was away the past month for extensive firefighting training in the lower 48. We look forward to Firefighter Ryan sharing his knowledge with us at BFD and his fellow career firefighters at the Coast Guard Base FD. AGENDA ITEM #14.C.1. KODIAK ISLAND BOROUGH STAFF REPORT MAY 2, 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 Version 2 to public hearing at the next regular meeting of the Assembly. If the Assembly wishes to introduce Version 3, the secondary motion would be: Move to amend Ordinance No. FY2024-17 Version 2 by substitution with Version 3. DISCUSSION: This item was requested by Assembly member LeDoux and co-sponsored by Assembly member Sharratt. Below is the timeline for this ordinance. February 29. 2024. Work Session • Assembly gave direction to place this item on the March 21, 2024, regular meeting as an ordinance for introduction. March 14, 2024, Work Session • A revised version was provided by Mayor Arndt for consideration, and this version was reviewed by the attorney. March 21, 2024, Regular Meeting • Distributed attorney's opinion dated 03/19/2024. Attorney needed to make recommendations for a more cohesive ordinance. Staff recommended postponement to May 2. • Assembly postponed Ordinance to May 2, 2024, as an ordinance for introduction. March 25, 2024, Work Session • Version 2 was reviewed at the March 25 work session. • Assembly member Griffin will present Version 3 at the May 2 regular meeting. May 2, 2024, Regular Meeting • Version 3 from Assembly member Griffin is attached to the packet. The Assembly may choose to amend by substitution if it so wishes. The changes that were made from Version 2 are highlighted in Version 3. ALTERNATIVES: FISCAL IMPACT: Kodiak Island Borough Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 17 of 52 KODIAK ISLAND BOROUGH STAFF REPORT MAY 2, 2024 ASSEMBLY REGULAR MEETING OTHER INFORMATION: AGENDA ITEM #14.C.1. 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 18 of 52 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 AGENDA ITEM #14.C.1. VERSION 2 — Attorney's Version KODIAK ISLAND BOROUGH ORDINANCE NO. FY2024-17 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.20 BOROUGH MAYOR, SECTION 2.20.070 MISCELLANEOUS, CHAPTER 2.30 RULES OF THE ASSEMBLY, SECTIONS 2.30.030 TYPES OF MEETINGS, 2.30.060 ORDER OF BUSINESS AND AGENDA, 2.30.070 ORDINANCES, RESOLUTIONS, AND MOTIONS, AND SECTION 2.30.100 MISCELLANEOUS, 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 2.20.070 of the Kodiak Island Borough Code of Ordinances is amended to include a new subsection (C) to read as follows: 2.20.070(C). Requests for Staff Assistance or Legal Opinions. 1. During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's office, the mayor may request that the manager, clerk, or attorney prepare a proposed ordinance or resolution to be submitted to the clerk for placement on the agenda in accordance with section 2.30.060(C)(4). 2. During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's office, the mayor and an assembly member 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. Section 3: That Section 2.30.030 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: Ordinance No. FY2024-17 Version 2 — Attorney's Version Page 1 of 12 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 19 of 52 AGENDA ITEM #14. C.1. 43 2.30.030 Types of Meetings 144 A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the 45 borough administration building, Kodiak, Alaska, and meetings are to commence at 6:30 46 p.m. on the first and third Thursdays of each month, or such other time and place as may 47 be designated in the notice of the meeting. If the regular meeting day falls on a holiday or 48 holiday eve, then the assembly may advance, postpone, or cancel the meeting as 49 necessary. When the lack of a quorum of the assembly necessary for holding a meeting 50 occurs, or when there is little or no business to be considered at a scheduled regular 51 meeting, the assembly may cancel such meeting and hear its business at the next regular 52 meeting. Public notice of changed meetings shall be made in at least one newspaper of 53 general circulation in the borough. Meetings shall adjourn at 10:30 p.m. unless the time 54 is extended by a majority of the votes to which the assembly is entitled. No meeting shall 55 be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, 56 except the meeting shall be extended to set the time and place for resumption of the 57 meeting. 58 B. Special Meetings. Special meetings may be called by the mayor, deputy presiding 59 officer, or by three members of the assembly and, except in an emergency, upon no less 60 than 24 hours' effective notice to each member. Effective notice shall be written or oral. 61 The notice shall indicate time, location and the purpose of the special meeting and by 62 whom called. The calendar for a special meeting shall be as follows: Z.7IMF 11 64 2. Citizens' comments. 65 3. Consideration of matters in the call for the special meeting. 66 4. Adjournment. 67 Matters not included in the call for the special meeting may not be considered. Special 68 meetings shall commence and adjourn as provided in subsection A of this section unless 69 specifically amended. 70 C. Adjourned or Recessed Meetings. If the assembly has not concluded the agenda, the 71 time and place of the resumption of the meeting shall be announced or the items shall be 72 carried over to the following regular meeting or taken up at a special meeting called for 73 that purpose. 74 D. Work Sessions. The assembly may meet informally in work sessions, at the call of the 75 mayor, deputy presiding officer, or by three members of the assembly, to review 76 forthcoming programs of the borough, receive progress reports on current programs or 77 projects or receive other similar information from the manager; provided, that all 78 discussions and conclusions thereon shall be informal. Work sessions are public Ordinance No. FY2024-17 Page 2 of 12 Version 2 — Attorney's Version Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 20 of 52 79 80 81 82 83 84 85 86 87 89 90 91 92 93 94 95 Wo 97 98 99 100 1101 102 1103 1104 105 106 107 108 109 110 AGENDA ITEM #14. C.1. meetings at which and no formal action shall be taken by the assembly,provided, however, that the assembly may, by consensus of at least four members, provide direction to the manager, clerk, or attorney to prepare a report or agenda item to be considered by the assembly at a later meeting. Regularly scheduled work sessions are to commence at 6:30 p.m. and shall adjourn at 10:30 p.m. unless the time is extended by majority members of the assembly. E. Other Public Meetings or Work Sessions. The assembly may hold other meetings or work sessions at such other time and place as it deems appropriate as long as reasonable public notice is given. 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. An executive session may be listed on the agenda or may be convened concerning an item which appears on the published agenda where appropriate. 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; b. Any matter the immediate public knowledge of which would tend to affect adversely the finances of the borough; c. Any matter which would tend to defame or prejudice the character or reputation of any person, except that the person may request a public discussion; d. Matters involving negotiations with labor organizations representing borough employees; e. Matters which by law or ordinance are required to be confidential; f. Confidential attorney-client communications made for the purpose of facilitating the rendition of professional legal services to the borough; g. Matters pertaining to personnel; and h. Land acquisition or disposal. G. This section does not apply to quasi-judicial boards when holding a meeting solely to make a decision in an adjudicatory proceeding. Ordinance No. FY2024-17 Version 2 — Attorney's Version Page 3 of 12 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 21 of 52 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 AGENDA ITEM #14. C.1. Section 4: 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. c. Ordinances for introduction. d. Other items. 15. Citizens' comments. 16. Assembly members' comments. 17. Adjournment. B. Preparation of Aaenda Items. Ordinances. resolutions, or other proposed agenda items may be submitted to the clerk by an assembly member, a committee of the assembly, the mayor, or the manager for placement on the agenda. An assembly member may request placement of an item on the assembly agenda by completing an agenda request form provided by the borough clerk's office and providing a copy of the proposed item in a format that is ready to be placed on the agenda. Upon receipt of an agenda item request the borough clerk shall immediately provide a copy of a written request to place an item on the agenda to the borough manager. The borough manager may provide information or make recommendations. if applicable. and submit such information to the borouah clerk for inclusion with the agenda item. Ordinance No. FY2024-17 Version 2 — Attorney's Version Page 4 of 12 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 22 of 52 AGENDA ITEM #14. C.1. 1152 If an assembly member or the mayor desires assistance of staff in the preparation 153 of an agenda item staff assistance may be requested and provided in accordance 154 with section 2.20.070(C) or 2.30.100(G). 1155 Agenda items submitted to the clerk shall be scheduled on the agenda in 156 accordance with subsection C of this section. 1157 IAC. Agenda. The mayor shall determine items for the agenda of the assembly, subject 158 to assembly approval, and in accordance with this section. A member of the assembly, 159 delegate to the assembly, the rnaRager, or the mayor may submit items to the Glerk to be 160 planed on the agenda. 1161 1. Agenda items which have been scheduled for a specific meeting or date by law 162 or by a majority vote of the assembly shall be placed on the agenda for that 163 meeting. 1164 2. Agenda items which require consideration prior to a certain date to satisfy 165 statutory requirements, to avoid prejudice to the borough, or to avoid the item 166 becoming moot, shall be scheduled prior to that date where possible. 167 3. Agenda items submitted by an assembly member or the mayor without staff 168 assistance, or submitted by the manager, shall be included on the agenda within 169 60 days. 1170 4. Agenda items prepared by staff at the request of the mayor or by two or more 171 assembly members under section 2.20.070(C) or 2.30.100(G) shall be scheduled on 172 an agenda within 60 days of the agenda item request being submitted to the clerk, 173 unless the assembly directs that the item appear on a particular meeting agenda. 1174 5. Subject to provisions of subsection CD of this section, no business may be transacted 175 nor any measure considered that is not on the agenda. 1176 The clerk shall prepare an agenda for each regular meeting after consulting with the 177 mayor, deputy presidinq officer, and manager. The agenda shall be distributed to 178 assembly members, along with the meeting packet, and made available to the public 179 one week at least three (3) days prior to the regular meeting. Agendas will be available 180 for the publiG net loss than 24 hours prior to the meeting. 1181 CD. Agenda Additions. A subjeet net en tkte agenda may be ^^psi, -oro, enl„ h„ 182 183 before the assembly. An item may be added to the agenda less than sixteen (16) 184 days prior to a meeting, but before the meeting packet has been distributed, if the 185 request to add the item is submitted by the mayor, by two or more assembly 186 members, or by the manager, and is approved for addition by the mayor. After 187 distribution of the packet for a meeting the agenda may be amended to add or Ordinance No. FY2024-17 Page 5 of 12 Version 2 - Attorney's Version Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 23 of 52 188 189 190 191 192 193 194 195 196 197 198 199 200 201 02 03 204 205 206 207 208 209 210 211 212 213 14 15 216 AGENDA ITEM #14. C.1. delete items only if the assembly, by a majority vote, approves a "motion to amend the agenda," to add or delete items from the published agenda during the course of a meeting subject to the limitations in this section. Provided, however, that no action item may be added in this manner. (1) An action item is an item which: a. Introduces an ordinance; b. Requires an ordinance; c. Requires a resolution; d. Is a resolution: e. Awards a contract (except as provided in subsection D(2)(c) of this section): f. Expends budgeted funds or authorizes expenditure of budgeted funds in excess of an amount the manaqer could expend without assembly approval; or q. Is a matter which, due to its significant or complex nature, requires more extensive public notice. (2) This provision is intended to allow addition of items which are in the nature of: a. Requests or directives that the borough manager, borough clerk or borough attorney investigate and report on an issue, or prepare item for future consideration by the assembly; b. Internal borough administrative matters including matters relating to the employment and supervision of assembly employees; c. Naming of mayoral appointees selected when the fact of the appointment has appeared on the published agenda and the name(s) of the appointee(s) have been made available at the start of the meetina d. Naming of the recipient for award of a contract when the consideration of the contract award has appeared on the published agenda and the recommended awardee is made available at the start of the meetina: e. Is for purposes of receiving information only without making a decision; or f. Other minor matters of the same nature as those listed in subsections D(2)(a) through D(2)(e) of this section. Ordinance No. FY2024-17 Version 2 - Attorney's Version Page 6 of 12 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 24 of 52 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 AGENDA ITEM #14. C.1. E. Reading of Minutes. Unless a reading of the minutes of an assembly meeting is requested by the assembly, minutes may be approved without reading if the clerk previously furnished each member with a copy thereof. F. Staff Request for Input. If the Manager, clerk or other staff request assembly comment or input on an issue during the meeting, but a decision by the assembly is not required, or the request is for placing the topic on a future agenda, the topic identified by staff need not be added to the agenda, but no vote may be taken and no decision may be made. Section 5: 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, Feselutions, and mots A AR or.- iRaRGeiS iRtreduGed i ,ri+inr, iv. the form required by the ^ ,,,hi„. 9—The following procedure governs the enactment of all ordinances, except emergency ordinances which are specified in KIBC 2.30.075. 1. managed An ordinance shall be set by the assembly for a public hearing by the affirmative vote of a majority four of the votes authorized on the geestlsa 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 GF FeSeIUtien shall be made available to all ^or^^^^ ^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 assembly clerk shall print ^^dmake ^ ^'^h'o ^ ^f ^ r+;^^^^o that ; adep+o + 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 04.11 .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 gaestieR 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 Ordinance No. FY2024-17 Version 2 — Attorney's Version Page 7 of 12 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 25 of 52 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 X296 297 AGENDA ITEM #14. C.1. 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 questfee motion passed, having received the affirmative votes of the quorum, that is the prevailing side; or b. If the question 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 quest+en 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 geestieR motion shall be "ayes" and "noes" and shall be recorded in the jeur-Ral 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 of the Votes to wh;Gh the assembly ,s on+;+lo,� „h the „ estiGRS Jf2M6 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. Motions. When a motion is made and seconded, it shall be stated by the chair or, being in writing, it shall be presented to the chair and read aloud before debate. The mover shall state his Ordinance No. FY2024-17 Version 2 — Attorney's Version Page 8 of 12 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 26 of 52 298 299 �00 301 102 103 104 105 106 107 108 109 110 11 12 13 P14 315 316 �17 318 319 320 021 322 323 324 325 326 327 AGENDA ITEM #14. C.1. motion in concise language and shall not discuss it nor his reason for making it until the motion is seconded. K. Privileged Motions. When a question is under debate, no motion shall be made except for the following privileged motions which shall have precedence: 1. To adjourn;* 2. To recess;* 3. To raise a question of privilege;* 4. To call for the order of the day, or the regular order;* 5. To lay on the table;* 6. For the previous question;* 7. To limit or extend limits of debate;* 8. To postpone to a certain time; 9. To refer; 10. To amend; 11. To postpone indefinitely. * Note: Not debatable. When one of the above motions has been made, none of the others inferior to it in the order in which they stand above shall be made and, in proceeding to vote, motions pending shall be put in the order of their rank as above arranged. The first seven are not subject to debate. A motion to postpone to a certain time, refer, amend, or to postpone indefinitely may be amended. The motion to postpone to a certain time is the motion by which action on a pending question or agenda item can be deferred beyond the next meeting to a definite day, meeting or hour, or until after a certain event. The previous question may be demanded before an amendment, which motion shall be decided without debate. A motion to adjourn shall always be in order; provided, that business of a nature to be recorded in the journal has been defeated. No motion or proposition of a subject different to that under consideration shall be admitted under cover of an amendment. When a matter has been especially assigned to be taken up at a fixed time, or at a certain stage of proceedings, such matter shall, at the appointed time, or at any time subsequent thereto, be in order upon the call of any member and take precedence over all other business. Ordinance No. FY2024-17 Version 2 — Attorney's Version Page 9 of 12 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 27 of 52 X28 329 330 331 332 333 334 335 336 037 338 039 340 041 342 043 344 345 E. 347 348 349 350 351 352 �53 354 355 �56 357 358 359 360 361 362 363 �64 365 366 367 AGENDA ITEM #14. C.1. L. Previous Question. The previous question may be ordered by a majority vote of the members present upon all recognized motions which are debatable and shall have the effect to cut off all debate and bring the assembly to a direct vote upon the motion before the assembly. The question shall be put in this form: "The previous question has been moved and seconded; all those in favor of calling the previous question say "aye"; all those opposed say "no."" The results of the motion are as follows: If determined in the negative, the consideration goes on as if the motion had never been made; if it is decided in the affirmative, the chair at once and without debate proceeds to put the main motion as ordered. If an adjournment is after the previous question is ordered, the subject comes up in its regular order at the next meeting and the previous question still operates. M. Division of Question. The chair may divide the question or an assembly member may request a division of a question. N. The assembly may amend, repeal, rescind or reconsider an ordinance by enacting another ordinance. O. 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. P. A motion to reconsider may be applied to any ordinance, resolution, or action of the assembly and has precedence over all motions except the motion to adjourn. An assembly member may make a motion to reconsider only if: 1. The assembly member voted with the prevailing side on the question to be reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to reconsider was not adopted on initial consideration because it did not receive the required number of "yes" votes, then those assembly members voting "no" shall constitute the prevailing side regardless of the relative number of "yes" and "no" votes cast on the question. An assembly member who changes his vote in accordance with these rules shall be a member of the side on which his vote is finally recorded by the clerk; and 2. The assembly member makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration requires a two-thirds vote to carry; or 3. Two assembly members file with the clerk, not later than 5 p.m. on the first borough business day following the day on which the vote was taken, a notice of intent to reconsider and then makes the motion to reconsider at the next regular assembly meeting. The assembly member can file by telephone; provided, that the notice of intent to reconsider is signed before the motion is considered. Such a motion for reconsideration requires a majority vote to carry. An assembly meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the "next regular assembly meeting" as that term is used in this section. Only one motion to reconsider shall be entertained on any ordinance, resolution or other action even if the assembly overturns the original action. If a motion to reconsider a particular ordinance, resolution, or other action fails, a second motion to reconsider the same action shall not be in order. Ordinance No. FY2024-17 Version 2 — Attorney's Version Page 10 of 12 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 28 of 52 X68 369 i 70 P71 372 373 074 375 076 377 078 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 AGENDA ITEM #14. C.1. Q. A motion to rescind may be applied to any previously adopted ordinance, resolution, or action of the assembly except: 1. When the question could be reached by a motion to reconsider; 2. When something has been done, as a result of the vote on the main motion, that is impossible to undo or persons have otherwise reasonably relied on the vote to their detriment (the unexecuted part of an action, however, can be rescinded); 3. When the matter is in the nature of a contract, and the other party has been informed of the vote; or 4. When a resignation has been acted upon, or a person has been elected to or expelled from membership or office, and the person was present or has been officially notified of the action. A motion to rescind may be made at any subsequent assembly meeting and there is no time limit on when the motion can be made. A motion to rescind shall not be renewed during the same meeting at which it was made, but it may be reconsidered in the same manner as any other main motion. A motion to rescind yields to all privileged, subsidiary and incidental motions and it requires the same vote as that required to pass the previously adopted action. There shall be no more than one motion to rescind on a question. If the motion to rescind passes, the question on the main motion is automatically before the assembly for further action, including amendment. Section 6: That Section 2.30.100 Miscellaneous of the Kodiak Island Borough Code of Ordinances is amended to include a new subsection G to read as follows: 2.30.100(G). Requests for Staff Assistance or Legal Opinions. 1. During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's office any two or more members of the assembly may request that the manager, clerk, or attorney prepare a proposed ordinance or resolution to be submitted to the clerk for placement on the agenda in accordance with section 2.30.060(C)(4). 2. During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's office 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. Ordinance No. FY2024-17 Version 2 — Attorney's Version Page 11 of 12 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 29 of 52 AGENDA ITEM #14.C.1. 405 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 406 THIS DAY OF , 202X 07 08 KODIAK ISLAND BOROUGH 09 10 ATTEST: 11 12 Scott Arndt, Borough Mayor 13 Nova M. Javier, MMC, Borough Clerk 14 15 Introduced by: 416 First reading: 417 Second reading/public hearing: 18 19 VOTES: 20 Ayes: 21 Noes: Ordinance No. FY2024-17 Page 12 of 12 Version 2 — Attorney's Version Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 30 of 52 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 AGENDA ITEM #14.C.1. VERSION 3 - GRIFFIN KODIAK ISLAND BOROUGH ORDINANCE NO. FY2024-17 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.20 BOROUGH MAYOR, SECTION 2.20.070 MISCELLANEOUS, CHAPTER 2.30 RULES OF THE ASSEMBLY, SECTIONS 2.30.030 TYPES OF MEETINGS, 2.30.060 ORDER OF BUSINESS AND AGENDA, 2.30.070 ORDINANCES, RESOLUTIONS, AND MOTIONS, AND SECTION 2.30.100 MISCELLANEOUS, 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 2.20.070 of the Kodiak Island Borough Code of Ordinances is amended to include a new subsection (C) to read as follows: 2.20.070(C). Requests for Staff Assistance or Legal Opinions. 1. During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's office, the mayor may request that the manager, clerk, or attorney prepare a proposed ordinance or resolution to be submitted to the clerk for placement on the agenda in accordance with section 2.30.060(C)(4). 2. During a work session or a meeting, or by submitting a request for services on a form provided by the borough clerk's office, the mayor and an assembly member may request written legal opinions, relating to borough business, from the attorney through the manager's or the clerk's office. Upon receipt of^mh' reel u ^sted •• r' -+^^the legal opinion, the clerk's office shall forthwmth cause -to -have distributeddistribute *h^•• rmttpn'^^a' ^ ^it to all assembly members so * man' mpmh^rs m be fully informed of theq-tabuiss ..F berou r,h aFFa Section 3: That Section 2.30.030 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: Ordinance No. FY2024-17 Version 3 -Griffin Page 1 of 12 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 31 of 52 AGENDA ITEM #14. C.1. 43 2.30.030 Types of Meetings 144 A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the 45 borough administration building, Kodiak, Alaska, and meetings are to commence at 6:30 46 p.m. on the first and third Thursdays of each month, or such other time and place as may 47 be designated in the notice of the meeting. If the regular meeting day falls on a holiday or 48 holiday eve, then the assembly may advance, postpone, or cancel the meeting as 49 necessary. When the lack of a quorum of the assembly necessary for holding a meeting 50 occurs, or when there is little or no business to be considered at a scheduled regular 51 meeting, the assembly may cancel such meeting and hear its business at the next regular 52 meeting. Public notice of changed meetings shall be made in at least one newspaper of 53 general circulation in the borough. Meetings shall adjourn at 10:30 p.m. unless the time 54 is extended by a majority of the votes to which the assembly is entitled. No meeting shall 55 be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, 56 except the meeting shall be extended to set the time and place for resumption of the 57 meeting. 58 B. Special Meetings. Special meetings may be called by the mayor, deputy presiding 59 officer, or by three members of the assembly and, except in an emergency, upon no less 60 than 24 hours' effective notice to each member. Effective notice shall be written or oral. 61 The notice shall indicate time, location and the purpose of the special meeting and by 62 whom called. The calendar for a special meeting shall be as follows: Z.7IMF 11 64 2. Citizens' comments. 65 3. Consideration of matters in the call for the special meeting. 66 4. Adjournment. 67 Matters not included in the call for the special meeting may not be considered. Special 68 meetings shall commence and adjourn as provided in subsection A of this section unless 69 specifically amended. 70 C. Adjourned or Recessed Meetings. If the assembly has not concluded the agenda, the 71 time and place of the resumption of the meeting shall be announced or the items shall be 72 carried over to the following regular meeting or taken up at a special meeting called for 73 that purpose. 74 D. Work Sessions. The assembly may meet informally in work sessions, at the call of the 75 mayor, deputy presiding officer, or by three members of the assembly, to review 76 forthcoming programs of the borough, receive progress reports on current programs or 77 projects or receive other similar information from the manager; provided, that all 78 discussions and conclusions thereon shall be informal. Work sessions are public Ordinance No. FY2024-17 Page 2 of 12 Version 3 -Griffin Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 32 of 52 79 80 81 82 83 84 85 86 87 :: 89 90 91 92 93 94 95 Wo 97 98 99 100 1101 102 1103 1104 105 106 107 108 109 110 AGENDA ITEM #14. C.1. meetings a�during which and no formal action shall be taken by the assembly= Provided,; however, +h�the assembly may, by consensus of at least four members, provide direction to the manager, clerk, or attorney to prepare a report or agenda item to be considered by the assembly at a later meeting. Regularly scheduled work sessions are to commence at 6:30 p.m. and shall adjourn at 10:30 p.m. unless the time is extended by majority members of the assembly. E. Other Public Meetings or Work Sessions. The assembly may hold other meetings or work sessions at such other time and place as it deems appropriate as long as reasonable public notice is given. 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. An executive session may be listed on the agenda or may be convened where appropriate concerning an item which appears on the published agenda—hem nmmr*^ 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; b. Any matter the immediate public knowledge of which would tend to affect adversely the finances of the borough; c. Any matter which would tend to defame or prejudice the character or reputation of any person, except that the person may request a public discussion; d. Matters involving negotiations with labor organizations representing borough employees; e. Matters which by law or ordinance are required to be confidential; f. Confidential attorney-client communications made for the purpose of facilitating the rendition of professional legal services to the borough; g. Matters pertaining to personnel; and h. Land acquisition or disposal. G. This section does not apply to quasi-judicial boards when holding a meeting solely to make a decision in an adjudicatory proceeding. Ordinance No. FY2024-17 Version 3 -Griffin Page 3 of 12 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 33 of 52 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 1144 145 146 147 148 149 150 151 AGENDA ITEM #14. C.1. Section 4: 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. c. Ordinances for introduction. d. Other items. 15. Citizens' comments. 16. Assembly members' comments. 17. Adjournment. B. Preparation of Aaenda Items. Ordinances. resolutions, or other proposed agenda items may be submitted to the clerk by an assembly member, a committee of the assembly, the mayor, or the manager for placement on the agenda. An assembly member may request plaGe ent of an item placed on the assembly agenda by completing an agenda request form provided by the borough clerk's office and providing a copy of the proposed item in a format that is ready to be placed on the agenda. Upon receipt of an agenda item request, the borough clerk shall immediately provide a copy ofa written -request to plaGe a item on the agep.da-to the borough manager. The borough manager may provide information or make recommendations, if applicable, and submit such information to the borough clerk for inclusion with the agenda item. Ordinance No. FY2024-17 Version 3 -Griffin Page 4 of 12 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 34 of 52 AGENDA ITEM #14. C.1. 152 If an assembly member or the mayor desires assistance of staff in the preparation 153 of an agenda item, staff assistance may be requested and provided in accordance 154 with section 2.20.070(C) or 2.30.100(G). 1155 Agenda items submitted to the clerk shall be scheduled on the agenda in 156 accordance with subsection C of this section. 1157 IAC. Agenda. The mayor shall determine items for the agenda of the assembly, subject 158 to assembly approval, and in accordance with this section. n member of the assembly, 159 delegate to the assembly, the rnaRager, or the mayor may submit items to the Glerk to be 160 planed on the agenda. 1161 1. Agenda items which have been scheduled for a specific meeting or date by law 162 or by a majority vote of the assembly shall be placed on the agenda for that 163 meeting. 1164 2. Agenda items which require consideration prior to a certain date to satisfy 165 statutory requirements, to avoid prejudice to the borough, or to avoid the item 166 becoming moot, shall be scheduled prior to that date where possible. 167 3. Agenda items submitted by an assembly member or the mayor without staff 168 assistance, or submitted by the manager, shall be included on the agenda within 169 60 days. 1170 4. Agenda items prepared by staff at the request of the mayor or by two or more 171 assembly members under section 2.20.070(C) or 2.30.100(G) shall be scheduled on 172 an agenda within 60 days of the agenda item request being submitted to the clerk, 173 unless the assembly directs that the item appear on a particular meeting agenda. 1174 5. Subject to provisions of subsection CD of this section, no business may be transacted 175 nor any measure considered that is not on the agenda. 1176 The clerk shall prepare an agenda for each regular meeting after consulting with the 177 mayor, deputy presiding officer, and manager. The agenda shall be distributed to 178 assembly members, along with the meeting packet, and made available to the public 179 one week at least three (3) days prior to the regular meeting. Agendas will be available 180 for the publiG net loss than 24 hours prior to the meeting. 1181 CD. Agenda Additions. A subjeet net en tkte agenda may be ^^psi, -oro, enl„ h„ 182 183 before the assembly. An item may be added to the agenda less than sixteen (16) 184 days prior to a meeting, but before the meeting packet has been distributed, if the 185 request to add the item is submitted by the mayor, by two or more assembly 186 members, or by the manager, and is approved for addition by the mayor. After 1187 distribution of thea meeting packet for a tan- , the agenda may be amended to Ordinance No. FY2024-17 Page 5 of 12 Version 3 -Griffin Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 35 of 52 188 189 190 191 192 193 194 195 196 197 198 199 200 201 02 03 204 205 206 207 208 209 X10 211 212 213 14 15 216 AGENDA ITEM #14. C.1. add or delete items only if the assembly, by a majority vote, approves a "motion to amend the agenda," to add or delete items from the published agenda during the course of a meeting subject to the limitations in this section. Provided, however, that no action item may be added in this manner. (1) An action item is an item which: a. Introduces an ordinance; b. Requires an ordinance; c. Requires a resolution; d. Is a resolution: e. Awards a contract (except as provided in subsection D(2)(c) of this section): f. Expends budgeted funds or authorizes expenditure of budgeted funds in excess of an amount the manaqer could expend without assembly approval; or q. Is a matter which, due to its significant or complex nature, requires more extensive public notice. (2) This provision is intended to allow addition of items which are in the nature of: a. Requests or directives that the borough manager, borough clerk, or borough attorney investigate and report on an issue, or prepare item for future consideration by the assembly; b. Internal borough administrative matters including matters relating to the employment and supervision of assembly employees; c. Naming of mayoral appointees selected when the fact of the appointment has appeared on the published agenda and the name(s) of the appointee(s) have been made available at the start of the meetina: d. Naming of the recipient for award of a contract when the consideration of the contract award has appeared on the published agenda and the recommended awardee is made available at the start of the meetina: e. Is for purposes of receiving information only without making a decision; or f. Other minor matters of the same nature as those listed in subsections D(2)(a) through D(2)(e) of this section. Ordinance No. FY2024-17 Version 3 -Griffin Page 6 of 12 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 36 of 52 217 218 219 �20 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 AGENDA ITEM #14. C.1. E. Reading of Minutes. Unless a reading of the minutes of an assembly meeting is requested by the assembly, minutes may be approved without reading if the clerk previously furnished each member with a copy thereof. F. Staff Request for Input. If the mManager, clerk, or other staff request assembly comment or input on an issue during the meeting, but a decision by the assembly is not required, or the request is for placing the topic on a future agenda, the topic identified by staff need not be added to the agenda, but no vote may be taken and no decision may be made. Section 5: 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, Feselutions, and mots A AR or.- iRaRGeiS iRtreduGed i ,FitiR , iv. the form required by the ^ ,,,hi„. 9—The following procedure governs the enactment of all ordinances, except emergency ordinances which are specified in KIBC 2.30.075. 1. managed An ordinance shall be set by the assembly for a public hearing by the affirmative vote of a majority four of the votes authorized on the qYestisa 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 OF FeSeIUtien shall be made available to all ^or^^^^ ^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 assembly clerk shall print ^^dmake ^ ^'^h'o Gepies ^f ^ r �;^ ^o that ; adept o a 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 04.11 .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 gsestieR 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 Ordinance No. FY2024-17 Version 3 -Griffin Page 7 of 12 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 37 of 52 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 X296 297 AGENDA ITEM #14. C.1. 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 questfee motion passed, having received the affirmative votes of the quorum, that is the prevailing side; or b. If the geestlee 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 question 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 question motion shall be "ayes" and "noes" and shall be recorded in the jeeFRal 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 Of the VE)tes f„ wh;..h the assembly ,s; e—Atitle-d- „h the ,. estiGRS Jf2M6 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. Motions. When a motion is made and seconded, it shall be stated by the chair or, being in writing, it shall be presented to the chair and read aloud before debate. The mover shall state his Ordinance No. FY2024-17 Version 3 -Griffin Page 8 of 12 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 38 of 52 298 299 �00 301 102 103 104 105 106 107 108 109 110 11 12 13 P14 315 316 �17 318 319 320 021 322 323 324 325 326 327 AGENDA ITEM #14. C.1. motion in concise language and shall not discuss it nor his reason for making it until the motion is seconded. K. Privileged Motions. When a question is under debate, no motion shall be made except for the following privileged motions which shall have precedence: 1. To adjourn;* 2. To recess;* 3. To raise a question of privilege;* 4. To call for the order of the day, or the regular order;* 5. To lay on the table;* 6. For the previous question;* 7. To limit or extend limits of debate;* 8. To postpone to a certain time; 9. To refer; 10. To amend; 11. To postpone indefinitely. * Note: Not debatable. When one of the above motions has been made, none of the others inferior to it in the order in which they stand above shall be made and, in proceeding to vote, motions pending shall be put in the order of their rank as above arranged. The first seven are not subject to debate. A motion to postpone to a certain time, refer, amend, or to postpone indefinitely may be amended. The motion to postpone to a certain time is the motion by which action on a pending question or agenda item can be deferred beyond the next meeting to a definite day, meeting or hour, or until after a certain event. The previous question may be demanded before an amendment, which motion shall be decided without debate. A motion to adjourn shall always be in order; provided, that business of a nature to be recorded in the journal has been defeated. No motion or proposition of a subject different to that under consideration shall be admitted under cover of an amendment. When a matter has been especially assigned to be taken up at a fixed time, or at a certain stage of proceedings, such matter shall, at the appointed time, or at any time subsequent thereto, be in order upon the call of any member and take precedence over all other business. Ordinance No. FY2024-17 Version 3 -Griffin Page 9 of 12 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 39 of 52 X28 329 330 331 332 333 334 335 336 037 338 039 340 041 342 043 344 345 E. 347 348 349 350 351 352 �53 354 355 �56 357 358 359 360 361 362 363 �64 365 366 367 AGENDA ITEM #14. C.1. L. Previous Question. The previous question may be ordered by a majority vote of the members present upon all recognized motions which are debatable and shall have the effect to cut off all debate and bring the assembly to a direct vote upon the motion before the assembly. The question shall be put in this form: "The previous question has been moved and seconded; all those in favor of calling the previous question say "aye"; all those opposed say "no."" The results of the motion are as follows: If determined in the negative, the consideration goes on as if the motion had never been made; if it is decided in the affirmative, the chair at once and without debate proceeds to put the main motion as ordered. If an adjournment is after the previous question is ordered, the subject comes up in its regular order at the next meeting and the previous question still operates. M. Division of Question. The chair may divide the question or an assembly member may request a division of a question. N. The assembly may amend, repeal, rescind or reconsider an ordinance by enacting another ordinance. O. 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. P. A motion to reconsider may be applied to any ordinance, resolution, or action of the assembly and has precedence over all motions except the motion to adjourn. An assembly member may make a motion to reconsider only if: 1. The assembly member voted with the prevailing side on the question to be reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to reconsider was not adopted on initial consideration because it did not receive the required number of "yes" votes, then those assembly members voting "no" shall constitute the prevailing side regardless of the relative number of "yes" and "no" votes cast on the question. An assembly member who changes his vote in accordance with these rules shall be a member of the side on which his vote is finally recorded by the clerk; and 2. The assembly member makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration requires a two-thirds vote to carry; or 3. Two assembly members file with the clerk, not later than 5 p.m. on the first borough business day following the day on which the vote was taken, a notice of intent to reconsider and then makes the motion to reconsider at the next regular assembly meeting. The assembly member can file by telephone; provided, that the notice of intent to reconsider is signed before the motion is considered. Such a motion for reconsideration requires a majority vote to carry. An assembly meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the "next regular assembly meeting" as that term is used in this section. Only one motion to reconsider shall be entertained on any ordinance, resolution or other action even if the assembly overturns the original action. If a motion to reconsider a particular ordinance, resolution, or other action fails, a second motion to reconsider the same action shall not be in order. Ordinance No. FY2024-17 Version 3 -Griffin Page 10 of 12 Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 40 of 52 AGENDA ITEM #14. C.1. �68 Q. A motion to rescind may be applied to any previously adopted ordinance, resolution, or action 369 of the assembly except: 70 1. When the question could be reached by a motion to reconsider; 71 2. When something has been done, as a result of the vote on the main motion, that is impossible 372 to undo or persons have otherwise reasonably relied on the vote to their detriment (the 373 unexecuted part of an action, however, can be rescinded); 074 3. When the matter is in the nature of a contract, and the other party has been informed of the 375 vote; or 076 4. When a resignation has been acted upon, or a person has been elected to or expelled from 377 membership or office, and the person was present or has been officially notified of the action. 078 A motion to rescind may be made at any subsequent assembly meeting and there is no time limit 379 on when the motion can be made. A motion to rescind shall not be renewed during the same 380 meeting at which it was made, but it may be reconsidered in the same manner as any other main 381 motion. 382 A motion to rescind yields to all privileged, subsidiary and incidental motions and it requires the 383 same vote as that required to pass the previously adopted action. There shall be no more than 384 one motion to rescind on a question. If the motion to rescind passes, the question on the main 385 motion is automatically before the assembly for further action, including amendment. 386 Section 6: That Section 2.30.100 Miscellaneous of the Kodiak Island Borough Code of 387 Ordinances is amended to include a new subsection G to read as follows: 388 2.30.100(G). Requests for Staff Assistance or Legal Opinions. 389 390 1. During a work session or a meeting, or by submitting a request for services on a �91 form provided by the borough clerk's office, any two or more members of the 392 assembly may request that the manager, clerk, or attorney prepare a proposed 393 ordinance or resolution to be submitted to the clerk for placement on the agenda in 394 accordance with section 2.30.060(C)(4). 395 2. During a work session or a meeting, or by submitting a request for services on a �96 form provided by the borough clerk's office, any two or more members of the 397 assembly, may request written legal opinions, relating to borough business, from 98 the attorney through the manager's or the clerk's office. Upon receipt of 99 requested •••rots^^the legal opinion, the clerk shall forthwith cause to have distribute 00 *h^• .. itt^^'^ ^' ^ ^-it to all assembly members c^ that all members • h^ fuUy 401 nformed of the status of borouqh affamFS. 402 403 Effective Date: This ordinance takes effect upon adoption. 404 Ordinance No. FY2024-17 Page 11 of 12 Version 3 -Griffin Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 41 of 52 AGENDA ITEM #14.C.1. 405 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 406 THIS DAY OF , 202X 07 08 KODIAK ISLAND BOROUGH 09 10 ATTEST: 11 12 Scott Arndt, Borough Mayor 13 Nova M. Javier, MMC, Borough Clerk 14 15 Introduced by: 416 First reading: 417 Second reading/public hearing: 18 19 VOTES: 20 Ayes: 21 Noes: Ordinance No. FY2024-17 Page 12 of 12 Version 3 -Griffin Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Islan... Page 42 of 52 AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH STAFF REPORT MAY 2, 2024 ASSEMBLY REGULAR MEETING SUBJECT: Declaring A Seat Vacant On The Architectural and Engineering Review Board/Building Code Board of Appeals (Mr. Codi Allen) ORIGINATOR: Irene Arellano, Assistant Clerk RECOMMENDATION: Move to accept the resignation of Mr. Codi Allen on the Architectural and Engineering Review Board/Building Code Board of Appeals effective May 3, 2024, and direct the Borough Clerk to advertise the vacancy per Borough Code 2.100.070 (D). DISCUSSION: The Clerk's Office received Mr. Allen resignation letter on April 5, 2024. This vacancy will create a vacancy to expire December 2026. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Per KIBC 2.100.070 Vacancies. D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. Kodiak Island Borough Declaring A Seat Vacant On The Architectural and Engineering Review Boar... Page 43 of 52 AGENDA ITEM #14.D.1. From: Lina Cruz To: codi allen Cc: Clerks Subject: RE: ARB Resignation Date: Friday, April 5, 2024 3:32:00 PM Good afternoon Codi, Your resignation has been received and will be forwarded to the Board. Congratulations on accepting a position with KIB and thank you for your service on the ARB. Have a good weekend! Lina Cruz, CMC Deputy Clerk Office of the Borough Clerk 710 Mill Bay Road, Room 234 Kodiak, AK 99615 (907) 486-9311 (907) 486-9391 Fax Icruz@kodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: codi allen <codi.j.allen@gmail.com> Sent: Friday, April 5, 2024 12:58 PM To: Lina Cruz <Icruz@kodiakak.us> Subject: ARB Resignation Good afternoon, I have accepted an offer with the Kodiak Island Borough, and I am excited to start work on May 6th. However, with this transition, I must resign from my ARB seat due to the conflict of interest. Please consider this email as my official notification of the need to vacate my ARB seat. Respectfully. Codi Allen Declaring A Seat Vacant On The Architectural and Engineering Review Boar... Page 44 of 52 AGENDA ITEM #14.D.1. From: codi allen To: Daniel Rohrer; Jascha Zbitnoff; Jerrol Friend; Jon Melin; mathersCabaci.net; tysna kiha.ora; Clerks; Cvndv Mika; Ryan Sharratt; Duncan Fields; Dave Conrad; Aimee Williams; Patricia Valerio Subject: ARB Resignation Date: Friday, April 5, 2024 7:05:16 PM Good evening, I am writing to formally notify the group of my resignation from Providence Kodiak Island Medical Center, effective May 3, 2024. On May 6, 2024, 1 will transition to the role of Project Manager / Inspector at the Kodiak Island Borough. With this change, I must vacate my seat on the ARB. Throughout my time on the ARB, albeit short, I have had the privilege of working alongside some of the most dedicated and talented individuals from a variety of industries. The knowledge and skills I have gained from our collective efforts have been instrumental in shaping my professional growth and development. I am grateful for the opportunities I have been afforded to learn, collaborate, and grow from my interactions with each and every one of you. I look forward to continued collaboration and thank you for the opportunity to serve my community alongside some of the best. Warmest regards, Codi Allen (907) 942-5925 Sent from my iPhone Declaring A Seat Vacant On The Architectural and Engineering Review Boar... Page 45 of 52 AGENDA ITEM #14.D.1. KODIAK ISLAND BOROUGH ARCHITECTURAL AND ENGINEERING REVIEW BOARD/ BUILDING CODE BOARD OF APPEALS NAME TERM CONTACT NO. EMAIL 1 Jerrol Friend 2026 (907) 539-1975jerroI(aD_friend contractors. com (907) 942-5544 Ryan. sharratt(a)-ki bassem bly. org PO Box 175 Mill Bay Rd. 3 907 486-9308/1975 2 Jon Melin (Vice -Chair) 2024 (907) 539-1589 lon.premier(cDalaska.net School Board Representative 2011 Mill Bay Road #2 Dfields8925(o)gmail.com 3 Tyler Swanson 2026 (907) 512-5568 tys(cDkiha.org 473 Curlew Way 907 481-1636 4 Jascha Zbitnoff (Chair) 2025 (907) 942-3215lascha(cDbrechan.com PO Box 9012 5 Codi Allen 2026 (907) 942-5925 codi.l.allen(a�gmail.com 412 A Sentinel Island Ave 6 Daniel Rohrer 2025 (907) 486-0977 drohrer(o)kodiakak.net PO Box 786 7 Doug Mathers 2024 (907) 486-4591 mathers(ogci.net PO Box 2916 NON-VOTING EX-OFFICIOS 1 Aimee Williams Borough Manager (907) 486-9302 Awilliams(aDkodiakak.us 2 Ryan Sharratt Assembly Member (907) 942-5544 Ryan. sharratt(a)-ki bassem bly. org 3 Cindy Mika School District Superintendent or Designee Cyndy.mikaC@kibsd.org 4 Duncan Fields School Board Representative (907) 317-5959 (907) 486-6393 907 486-8835 Dfields8925(o)gmail.com STAFF Dave Conrad __FE&F Director (907) 486-9340 dconradkodiakak.us LEGISLATION: Kodiak Island Borough Code 2.125 Architectural/Engineering Review Board Kodiak Island Borough Code 15.45 Building Code Board of Appeals By Laws Adopted and Ratified on September 2, 2010 Rev. by IA 1/23/2024 Declaring A Seat Vacant On The Architectural and Engineering Review Boar... Page 46 of 52 AGENDA ITEM #18.A. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — April 15, 2024 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the Agenda as submitted. APPROVED: Motion to approve the consent Agenda to included: • Minutes of the March 11, 2024 Regular Meeting as submitted • Minutes of the April 1, 2024 Special Meeting as submitted APPROVED: Motion to acknowledge the receipt of the March 2024 (March 6 — March 31) Report of Revenues and Expenditures, with Year -to -Date General Fund Revenues in the amount of $38,812,510.54 and Year -to -Date General Fund Expenditures in the amount of $35,457,690.04. APPROVED: Motion to approve the 5 -year Internet Services Contract with GCI for Kodiak Island Borough School District that the Board previously authorized her to approve during the March 11th meeting due to the time sensitivity of this contract. APPROVED: Motion to approve the 2024-2025 Certificated Contract for Amy Peterson, Kaitlyn Meibers, Melissa Johnson and Samantha Wortham, as submitted. APPROVED: Motion to adopt the 2024-2025 Board Calendar. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kibsd.org. Kodiak Island Borough School District Board Meeting Summary Of April 15,... Page 47 of 52 1 AGENDA ITEM #18.B. The Cook Inlet Regional Citizens Advisory Council met for its regular and annual meeting, April 5th in Kenai. The Council heard reports from several of our industry and regulatory partners. United States Coast Guard Captain Christopher Culpepper, Commander, Sector Anchorage, gave us an update of ongo- ing USCG operations and took questions about the December 2023 fire aboard the M/V Genius Start XI at Dutch Harbor. We were pleased to meet with Emma Pokon, Commissioner -designee for the Alaska Department of Environmental Conservation. Ms. Pokon brings an impressive resume centered on environmental law to the Department and reported that staffing levels in the Spill Prevention and Response (SPAR) program are currently full in our region. Proper funding, training, and retention of staff in the SPAR program is essential to maintaining safe operations in Cook Inlet and has been a concern in recent years. Captain Marc Bayer, Vice President of Marine Operations for Marathon Petroleum, gave a presen- tation on that company's global operations, while Captain Paul Mehler, Port Captain for Marathon in Alaska, gave a debrief on winter operations in Cook Inlet, highlighting safe operations during the recently concluded winter ice season. The Council also heard an annual operations update from Hilcorp. Operations Manager for Offshore Assets Dan Marlowe and Maniksaq Baumgartner, Hilcorp's Alaska Government and Public Affairs Advisor outlined the company's progress with decommissioning, plugging and abandonment of wells in Cook Inlet and its offshore drilling plans for 2024 and brought the council up to speed on various grants the company is working on to continue studying the viability of its Cook Inlet assets for future use in renewable energy projects. The Council also recognized several volunteers for their continued commitment to the CIRCAC mis- sion; Walt Sonen, who represents the City of Seldovia, was named our Volunteer of the Year. Service Awards were given to Dr. Richard Prentki (30 years -Environmental Monitoring Committee); Molly McCammon (20 years — Municipality of Anchorage and Environmental Monitoring Committee); John Williams (15 years — City of Kenai); James McHale (10 years — Prevention, Response, Operations, and Safety Committee). These Council and Committee members embody the dedication that has been necessary to remain vigilant in carrying our organization's mission for almost 35 years and we thank them for their service. The Council will meet next in Kodiak in September. April CIRCAC Director Report Page 48 of 52 AGENDA ITEM #18.C. Kodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, May 2, 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. 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 April 18, 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 8. AWARDS AND PRESENTATIONS A. Proclamation In Recognition Of The National Salvation Army Week Mayor Arndt, please read the proclamation and present it to Major Dave Davis of the Salvation Army. Page 1 of 3 Page 49 of 52 AGENDA ITEM #18.C. B. Proclamation Declaring May 5-11, 2024, As 55th Annual Professional Municipal Clerks Week Mayor Arndt, please read the proclamation and present it to Borough Clerk Nova M. Javier. 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 — None. 14.13. RESOLUTIONS — None. 14.C. ORDINANCES FOR INTRODUCTION 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 Recommended motion: Move to advance Ordinance No. FY2024-17 Version 2 to public hearing at the next regular meeting of the Assembly. Staff report — Nova M. Javier, Borough Clerk Assembly discussion. Recommended motion: Move to amend Ordinance No. FY2024-17 Version 2 by substitution with Version 3. Assembly discussion on the amendment only. ROLL CALL VOTE ON THE MOTION TO AMEND ROLL CALL VOTE ON MOTION AS AMENDED Page 2 of 3 Page 50 of 52 AGENDA ITEM #18.C. 14.D. OTHER ITEMS 1. Declaring A Seat Vacant On The Architectural and Engineering Review Board/Building Code Board of Appeals (Mr. Codi Allen) Recommended motion: Move to accept the resignation of Mr. Codi Allen on the Architectural and Engineering Review Board/Building Code Board of Appeals effective May 3, 2024, and direct the Borough Clerk to advertise the vacancy per Borough Code 2.100.070 (D). Staff report — Nova M. Javier, Borough Clerk Assembly discussion. ROLL CALL VOTE ON THE MOTION 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 next Assembly Work Session is scheduled on Thursday, May 9, 2024, at 6:30 p.m. in the Borough Assembly Chambers. The next Assembly Regular Meeting is scheduled on Thursday, May 16, 2024, at 6:30 p.m. in the Borough Assembly Chambers. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION K18C 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 3 of 3 Page 51 of 52 Regular �/ Special Convened: BY: SECOND: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET' Date: Recessed: Reconvened: Adjourned: BY: SECOND: 1(� BY: 55 SECOND: 1�0 A, " ki BY: % SECOND BY: Cb SECOND: Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Ames ✓' Mr. Griffin V Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux ✓ Mr. LeDoux Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD --7171 ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL:1 17 TOTAL: 11 TOTAL: 1 4 1 1 TOTAL: I L4 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 y Co v v cn m cn CA) 0 criN Regular J Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: Date: Os- I V v"l Adjourned: ` BY: Cj 2 SECOND V" BY: SECOND: BY: SECOND: BY: SECOND: BY: SECOND: YES NO YES N YES N YES NCjJ Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Ames Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. LeDoux Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Sharratt Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside Mr. Whiteside OULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE_ TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case 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 00