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2024-08-08 Work SessionKodiak Island Borough Assembly Work Session Assembly Chambers Thursday, August 8, 2024, 6:30 p.m. Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda. This work session is open to the public and will be broadcast on the Borough's YouTube Channel. Meeting packets are available online. Page CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202 2. AGENDA ITEMS a. Discuss Restarting The Borough Lands Committee 3 - 7 Agenda Item Report - Pdf b. Administrative Official Position Discussion 8-18 Agenda Item Report - Pdf 3. PACKET REVIEW The DRAFT regular meeting packet is available online at Kodiak Island Borouah - Meetina Tvpe List (civicweb.net). a. PUBLIC HEARING • Ordinance No. FY2025-04, An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Kodiak Island Borough Code Title 2 Administration And Personnel, Chapter 2.40 Records Management, Sections 2.40.150 And 2.40.160 To Allow Exemptions For The Disposal Of Records That Have Administrative Value CONTRACTS • Contract No. FY2022-40B, Amendment No. 2 To Contract No. FY2022-40 Borough Clerk Employment Agreement • Contract No. FY2023-43A, Amendment No. 1 To Contract No. FY2023-43 Borough Manager Employment Agreement • Contract No. FY2025-04, Cybersecurity Audit Contract Award To Securance Consulting In The Amount Of $42,504 • Contract No. FY2025-13, Sargent Creek Park Equipment Installation With AIM Maintenance In The Amount Of $52,000 ORDINANCES FOR INTRODUCTION • Ordinance No. FY2025-05, An Ordinance Of The Assembly Of Page 1 of 29 The Kodiak Island Borough Rezoning Kodiak Townsite Block 8 Lot 3, Kodiak Townsite Block 8 Lot 4, And Kodiak Townsite Block 8 Lot 3a (Common Addresses 211 Mill Bay Road, 215 Mill Bay Road, And 206 Kashevaroff Avenue) From R3—Multifamily Residential District To B—Business District • Ordinance No. FY2025-06, Amending Various Sections In Title 2 Administration And Personnel And Title 3 Revenue And Finance In Order To Clarify The Interpretation Of The Two - Thirds Vote Of The Governing Body 4. MANAGER'S COMMENTS a 2024-08-08 Borough Manager's Report 19-24 5. CLERK'S COMMENTS a 2024-08-08 Borough Clerk's Report 25-27 6. ASSEMBLY MEMBERS' COMMENTS 7. MAYOR'S COMMENTS 8. EVENTS CALENDAR • August 13-15, 2024, Summer Legislative Conference, Kodiak, Alaska • December 9-13, 2024, Annual Local Government Conference 9. INFORMATION MATERIALS a Meeting Materials 28-29 This meeting is open to the public and will be broadcast on the Borough's YouTube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. For public comments, please call (907) 486-3231 or (855) 492-9202. Page 2 of 29 AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 8, 2024 4 ' x ASSEMBLY WORK SESSION SUBJECT: Discuss Restarting The Borough Lands Committee ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Mayor Arndt and Assembly to discuss status and direction for this committee. DISCUSSION: The Borough Lands Committee was officially formed on August 20, 2015. Its first meeting was held on December 15, 2015, and the Committee continued meeting until March 2019. A total of 51 meetings were held during that time. The meeting packets and the audio for these meetings are available online at Kodiak Island Borouah - Meetina Information (civicweb.net) ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 2.160.040 Powers and duties. The borough lands committee will: A. Assist in identifying creative and workable solutions to ongoing and emerging issues in selection, acquisition, management, and disposal of borough real property and resources. B. Provide input for potential land sale plans. C. Provide input for utilization of borough land that achieves multiple land and housing options. D. Collaborate and seek input with private landowners when considering whether borough land should be developed. E. Provide for balanced consideration and representation of the viewpoints, problems and issues regarding borough real property and resources. F. Provide a forum for discussing development of specific sites and projects Kodiak Island Borough Page 3 of 29 Discuss Restarting The Borough Lands Committee AGENDA ITEM #2.a. Chapter 2.160 KIBC, Borough Lands Committee Page 1 of 3 Chapter 2.160 BOROUGH LANDS COMMITTEE Sections: 2.160.010 Created - Membership. 2.160.020 Organization. 2.160.030 Term - Compensation. 2.160.040 Powers and duties. 2.160.050 Administrative assistance. * Editor's note: Ord. FY2024-07 reestablishes the borough lands committee effective midnight December 31, 2023, through December 31, 2026. 2.160.010 Created - Membership. There is created a borough lands committee consisting of the following voting members: the mayor, two assembly members, one representative from the Alaska Native Claims Settlement Act (ANCSA) Corporations in the Kodiak region, one borough representative from the planning and zoning commission, one city representative from the planning and zoning commission, and one at large member from the public. Members are appointed in accordance with KIBC 2.100.030 and shall meet the qualifications of KIBC 2.100.040. There will be four nonvoting ex officio members: representative from the city of Kodiak council, the borough resource management officer, community development director and one representative from the United States Coast Guard appointed by the ISC commanding officer. [Ord. FY2016-02 §2, 2015]. 2.160.020 Organization. The mayor will serve as the chair and the committee shall designate a vice -chair at the first meeting of the calendar year and shall hold at least one quarterly meeting. [Ord. FY2016-02 §2, 2015]. The Kodiak Island Borough Code is current through Ordinance FY2025-02, and legislation passed throu... Page 4 of 29 Discuss Restarting The Borough Lands Committee Chapter 2.160 KIBC, Borough Lands Committee 2.160.030 Term - Compensation. AGENDA ITEM #2.a. Page 2 of 3 A. The mayor shall appoint two assembly members during the annual appointment of assembly member representatives to boards and committees. The commission shall make recommendations to the mayor for appointment of their members on an annual basis. The representative from ANCSA Corporations and the at large member from the public will serve for three-year terms. B. Members of the committee shall serve without compensation. The mayor, assembly members, and commissioners will receive their existing compensation related to their duties as provided for in this title. [Ord. FY2016-02 §2, 20151. 2.160.040 Powers and duties. The borough lands committee will: A. Assist in identifying creative and workable solutions to ongoing and emerging issues in selection, acquisition, management, and disposal of borough real property and resources. B. Provide input for potential land sale plans. C. Provide input for utilization of borough land that achieves multiple land and housing options. D. Collaborate and seek input with private landowners when considering whether borough land should be developed. E. Provide for balanced consideration and representation of the viewpoints, problems and issues regarding borough real property and resources. F. Provide a forum for discussing development of specific sites and projects. [Ord. FY2016-02 §2, 20151. 2.160.050 Administrative assistance. The resource management officer shall: The Kodiak Island Borough Code is current through Ordinance FY2025-02, and legislation passed throu... Page 5 of 29 Discuss Restarting The Borough Lands Committee Chapter 2.160 KIBC, Borough Lands Committee AGENDA ITEM #2.a. Page 3 of 3 A. Refer to the committee, for its discussion, all nonemergency matters within the scope of its powers and duties prior to presenting those matters to the assembly. B. Transmit all recommendations and other communications from the committee to the assembly. The clerk's office staff shall: A. Work with the resource management officer in furnishing the committee with copies of all requested documents and other information necessary or reasonably related to committee functions. B. Provide the committee with such supplies, meeting space, and secretarial assistance. [Ord. FY2016-02 §2, 2015]. The Kodiak Island Borough Code is current through Ordinance FY2025-02, and legislation passed through May 16, 2024. Disclaimer: The borough clerk's office has the official version of the Kodiak Island Borough Code. Users should contact the borough clerk's office for ordinances passed subsequent to the ordinance cited above. Borough Website: www.kodiakak.us Borough Telephone: (907) 486-9300 Hosted by General Code. The Kodiak Island Borough Code is current through Ordinance FY2025-02, and legislation passed throu... Page 6 of 29 Discuss Restarting The Borough Lands Committee AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH . BOROUGH LANDS COMMITTEE NAME TERM ENDS CONTACT NO. EMAIL 1 Scott Arndt (Mayor) Mayor 10/2025 (414) 791-3745 Call instead of email 2 James Turner Assembly Member Yearly Appointment (907) 942-6911 James.Turner(a�kibassembly.org niavier(a)kodiakak.us 3 Scott Smiley Assembly member Yearly Appointment (907) 942-0184 Scott.Smilev(@kibassemblv.org 4 P&ZC-B Sara Fraser Yearly Appointment (907) 799-9282 sara.fraser(a)-kibplanning.org 5 P&ZC-C Kent Cross Yearly Appointment (907) 942-3189 Kent.cross(a)kibplanning.org 6 ANCSA Representative Corey Gronn 12/2027 (907) 942-5590 907 486-8670 Cgronn(a)citv.kodiak.ak.us 7 At Large Seat Dave Townsend 12/2027 (907) 654-4123 Davetown12(cilhotmail.com FOUR EX -OFFICIO MEMBERS 1 Representative from the Yearly (907) 481-3775 rwalker(abcity.kodiak.ak.us Room 234 City Council Recommendation (907) 486-9302 Phone: (907) 486-9312 Richard Walker niavier(a)kodiakak.us 2 KIB Staff Representative Resource Management Officer 3 KIB Staff Representative (907) 486-9360 Cfrench(a-)_kodiakak.us Chris French, AICP Community Development Director 4 U.S.C.G. Representative LCDR Kirk Kalmbacher, PE (907) 942-4208 Kirk. D. Kalmbacher(a-�uscg.mil Assistant Facilities Engineer ADMINISTRATIVE ASSISTANCE Resource Management Officer (Currently vacant) Nova M. Javier, MMC Interim Contact: 710 Mill Bay Road Aimee Williams Room 234 Borough Manager Kodiak, AK 99615 (907) 486-9302 Phone: (907) 486-9312 Fax: (907) 486-9391 niavier(a)kodiakak.us LEGISLATION: Kodiak Island Borough Code 2.160 Rev. by LC On: 7/29/2024 Page 7 of 29 Discuss Restarting The Borough Lands Committee AGENDA ITEM #2.b. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 8, 2024 4 ' x ASSEMBLY WORK SESSION SUBJECT: Administrative Official Position Discussion ORIGINATOR: Ryan Sharratt, Borough Assembly RECOMMENDATION: Assembly to discuss Version 3 which is attached. The assembly may give direction to place this on the agenda as an item for introduction or propose additional changes. DISCUSSION: There are two draft versions of the ordinance included in this packet. The Assembly reviewed Draft 2 on May 9, 2024, during a work session. Recommendations for changes were made, and the Assembly instructed the Clerk to forward the ordinance to the attorney for final review. Draft 3, the most recent version, was drafted by the Borough Attorney. The Assembly can continue the discussion by examining Version 3. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Page 8 of 29 Administrative Official Position Discussion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AGENDA ITEM #2.b. Attorney's Draft 05/14/2024 KODIAK ISLAND BOROUGH ORDINANCE NO. FY20XX-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE SECTION 1.10.030 DEFINITIONS AND SECTION 2.20.080 EXECUTIVE ABSENCE TO CLARIFY THE ROLE, RESPONSIBILITIES, AND PAY INCENTIVES OF THE ADMINISTRATIVE OFFICIAL WHEREAS, a clear procedure for administration needs to be in place in the event of an emergency or other pressing issue during the absence of the Borough Manager; and WHEREAS, AS 29.20.260 provides that for a manager form of government the assembly shall designate, by resolution, an administrative official to act as manager during the manger's absence; and WHEREAS, the Assembly finds that coordination between the manager and the administrative official is more consistent and effective if the manager nominates a person for designation as administrative official by the Assembly by resolution confirming the selection. 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 1.10.030 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 1.10.030 Definitions. As used in the ordinances and resolutions of the Kodiak Island Borough, unless the context otherwise requires: "Administrative official" means the individual nominated by the manager and designated by assembly resolution confirming the nomination to act as manager during the manager's absence or disability, or selected and designated by the assembly by resolution if the manager position is vacant; "Assembly" means the elected governing body of the Kodiak Island Borough; "Attorney" means the legal advisor of the governing body and other officials of the borough; "Borough" means the Kodiak Island Borough; "Clerk" means the borough clerk duly appointed by the assembly; "Code" means the code of ordinances of the borough; "Deputy presiding officer" means the deputy presiding officer of the assembly appointed by the assembly; Ordinance No. FY202N-NN Draft 3 - Attorney Page 1 of 5 Page 9 of 29 Administrative Official Position Discussion 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 AGENDA ITEM #2.b. "Law" includes ordinances of the borough; "Manager" means the chief administrator of the borough; "Mayor" means the elected mayor of the borough and presiding officer to the assembly; "Oath" means an oath or an affirmation in all cases whereby law an affirmation may be submitted for an oath and in such case the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed"; "Owner," as applied to building or land, means an owner, part owner, tenant in common, or tenant by the entirety of the whole or part of the land or building; "Person" means a corporation, partnership, firm, association, organization, business, trust, or society as well as a natural person; "Registered mail" means registered or certified mail; "School board" means those persons elected to the Kodiak Island Borough School Board of Education; and "Seal" means the corporate seal of the borough. Section 3: That Section 2.20.010 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 2.10.010.Apointment of Officers. The manager, admonestrative—off Gta4, clerk, and attorney shall be appointed by the Assembly. All other officers and employees will be appointed by the manager except that the director of finance and the administrative official shall also be confirmed by the assembly as provided in KIBC 2.70.010 and KIBC 2.45.030(B). Officers serve at the pleasure of the appointing authority. Section 4: That Section 2.20.080 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 2.20.080 Executive absence. A: In the mayor's absence, the deputy presiding officer shall preside at all regular and special meetings and perform the duties assigned by the mayor or assembly. B. The mayor, subjeGt to assembly approval, shall desigRate a peFSE)R to aGt as mayer duriRg manager's absen r rlio-;;b4 i Section 5: That Chapter 2.45 of the Kodiak Island Borough Code of Ordinances is hereby amended as follows: Chapter 2.45 BOROUGH MANAGER Sections: Ordinance No. FY202N-NN Page 2 of 5 Draft 3 - Attorney Page 10 of 29 Administrative Official Position Discussion AGENDA ITEM #2.b. 87 2.45.010 Borough manager. 88 2.45.020 Appointment. 89 2.45.025 Term of office. 90 2.45.030 Powers and duties. 91 2.45.040 General provisions. 92 2.45.050 Oath of office. 93 2.45.060 Bonding. 94 2.45.070 Repealed. 95 2.45.080 Administrative Official —Appointment. 96 2.45.090 Administrative Official — Qualifications. 97 2.45.100 Administrative Official — Duties. 98 2.45.110 Administrative Official — Compensation. 99 100 The administrative power of the borough is vested in the borough manager. The manager is and 101 shall be the chief administrative officer of the borough. The manager has and shall have all of the 102 powers and duties set forth in the Alaska Statute presently numbered AS 29.20.500, other powers 103 and duties elsewhere prescribed by law, and as set forth in this code. The manager has the 104 supervision and control, directly and indirectly, over all administrative departments, agencies, 105 directors, and all other employees of the borough except the borough clerk, borough clerk's office 106 employees, and the borough attorney. 107 2.45.020 Appointment. 108 The assembly has, and shall hereafter have, whenever pertinent, the power to appoint a manager 109 by a majority vote of its membership. The assembly shall choose a manager solely on the basis 110 of his executive and administrative qualifications, and he shall receive the compensation set by 111 the assembly. An assembly member may not be appointed manager of the borough sooner than 112 one year after leaving office, except that, by a vote of three-fourths of its authorized membership, 113 the assembly may at any time appoint one of its members as manager. 114 115 2.45.025 Term of office. 116 Subject to the contract of employment, the manager holds office at the pleasure of the assembly. 117 118 2.45.030 Powers and duties. 119 The manager, as the chief administrative officer, is responsible for the proper administration of all 120 borough affairs. The manager shall: 121 A. Appoint borough employees and department directors, except as otherwise provided by this 122 code; ke_may hire necessary administrative assistants, as authorized by budget, and appoint, 123 suspend, or remove subordinates; 124 B. ANominateppeint an administrative official, subject to confirmation of the designation 125 by assembly resolution, to act as manager during the manager's absence or disability; 126 C. Suspend or remove by written order borough employees or department directors except as 127 provided otherwise in this code; 128 SD. Supervise enforcement of the borough laws and carry out the directives of the assembly; 129 DE. Prepare and submit the annual budget and capital improvement programs for the assembly; 130 €F. Execute the budget and capital improvement program as adopted; 131G. Make monthly reports to the assembly on borough finances and operations; 132 GH. Report to the assembly at the end of each fiscal year on the finances and administrative 133 activity of the borough; Ordinance No. FY202N-NN Page 3 of 5 Draft 3 - Attorney Page 11 of 29 Administrative Official Position Discussion 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 AGENDA ITEM #2.b. #l. Prepare and make available for public distribution an annual report on borough affairs; 1J. Serve as personnel officer unless the assembly authorizes appointment of a personnel officer; JK. Direct and supervise the administration of: 1. The function of all department directors and employees except as provided otherwise in this title; 2. The care and custody of all borough buildings and of all real and personal property of the borough, except as provided otherwise by AS 29.35.160; 3. The construction, maintenance and operation of all borough roads, bridges, drains, buildings, and other public works; and 14L. Execute other powers and duties specified by Alaska law or lawfully prescribed by the assembly. 2.45.040 General provisions. A. The activities under the direction and supervision of the manager shall be distributed among the departments established by ordinance. B. Each department shall be administered by a director appointed by and subject to the direction and supervision of the manager unless provided otherwise by law. With the consent of the assembly, the manager may serve as the director of one or more departments. With the consent of the assembly, the manager may appoint one person as the director of two or more departments. C. Any department director appointed by the manager maybe suspended or removed by written order of the manager. 2.45.050 Oath of office. Before taking the office of manager, the manager shall affirm in writing that the duties of the manager will honestly, faithfully, and impartially be performed. The oath shall be filed with the clerk. 2.45.060 Bonding. The manager, and other municipal department directors or employees which the assembly shall designate, shall give bond in the amount and with the surety prescribed by the assembly with premiums to be paid by the borough. 2.45.070 Repealed. 2.45.080 Administrative Official — Appointment. The manager is authorized to appoint as administrative official subject to confirmation by assembly resolution to act as manager during the manager's absence or disability. 2.45.090 Administrative Official — Preferred Qualifications. 1. Ul4s"e-a A full-time employee of the Kodiak Island Borough for a minimum of two years; 2. Ult-st Meets the Qualifications by education and experience of the office to which the employee holds; 3. "tee Physically located in Kodiak during the appointment and throughout the duration of the appointment; and Ordinance No. FY202N-NN Draft 3 - Attorney Page 4 of 5 Page 12 of 29 Administrative Official Position Discussion 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 AGENDA ITEM #2.b. 4. t Meets the qualifications outlined in the Emergency Operations/Management Plan to conform to the required training throughout the year. 2.45.100 Administrative Official — Duties. The designated administrative official shall oversee the efficient management of the borough's administrative affairs, ensuring the implementation and adherence to borough policies. The administrative official shall have only those powers necessary to deal with borough administrative affairs until the return of the manager. The authority to appoint or remove department directors or subordinates, including binding the borough contractually with other governing bodies, remains with the borough manager. 2.45.110 Administrative Official — Compensation. The administrative official shall receive premium compensation if the appointment is made for: A. More than six consecutive calendar days, or B. Ten cumulative days worked within a thirty -day time frame; C. More than six consecutive days worked in the case of vacancy; or D. Premium pay would be defined as 110 percent of annual compensation pro rata for the duration appointed. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Introduced by: Assemblymember Ryan Sharratt First reading: Second reading/public hearing: VOTES: Ayes: Noes: Ordinance No. FY202N-NN Draft 3 - Attorney 2024 ATTEST: Nova M. Javier, MMC, Borough Clerk Page 5 of 5 Page 13 of 29 Administrative Official Position Discussion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AGENDA ITEM #2.b. VERSION 2 — ASSEMBLY MEMBER SHARRATT KODIAK ISLAND BOROUGH ORDINANCE NO. FY20XX-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE SECTION 1.10.030 DEFINITIONS AND SECTION 2.20.080 EXECUTIVE ABSENCE TO CLARIFY THE ROLE, RESPONSIBILITIES, AND PAY INCENTIVES OF THE ADMINISTRATIVE OFFICIAL WHEREAS, a clear procedure for administration needs to be in place in the event of an emergency or other pressing issue during the absence of the Borough Manager; and WHEREAS, as necessary to describe the reasons for the ordinance ; and WHEREAS, as necessary to describe the reasons for the ordinance. 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 1.10.030 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 1.10.030 Definitions. As used in the ordinances and resolutions of the Kodiak Island Borough, unless the context otherwise requires: "Administrative official" means the individual appointed by the manager and desigRated confirmed by assembly resolution to act as manager during the manager's absence or disability; "Assembly" means the elected governing body of the Kodiak Island Borough; "Attorney" means the legal advisor of the governing body and other officials of the borough; "Borough" means the Kodiak Island Borough; "Clerk" means the borough clerk duly appointed by the assembly; "Code" means the code of ordinances of the borough; "Deputy presiding officer" means the deputy presiding officer of the assembly appointed by the assembly; "Law" includes ordinances of the borough; "Manager" means the chief administrator of the borough; "Mayor" means the elected mayor of the borough and presiding officer to the assembly; "Oath" means an oath or an affirmation in all cases whereby law an affirmation may be submitted for an oath and in such case the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed"; Ordinance No. FY202N-NN Version 2 Page 1 of 5 Page 14 of 29 Administrative Official Position Discussion 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 AGENDA ITEM #2.b. "Owner," as applied to building or land, means an owner, part owner, tenant in common, or tenant by the entirety of the whole or part of the land or building; "Person" means a corporation, partnership, firm, association, organization, business, trust, or society as well as a natural person; "Registered mail" means registered or certified mail; "School board" means those persons elected to the Kodiak Island Borough School Board of Education; and "Seal" means the corporate seal of the borough. Section 3: That Section 2.2.080 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 2.20.080 Executive absence. A- In the mayor's absence, the deputy presiding officer shall preside at all regular and special meetings and perform the duties assigned by the mayor or assembly. B. The mayor, subjeGt to assembly approval, shall deSigRate a peFSE)R to aGt as MayE)F dUFiRg shall designate by resolution a borough administrative official to act as manager during the manager's absenn r d'sabilifii Section 4: That Chapter 2.45 of the Kodiak Island Borough Code of Ordinances is hereby amended as follows: Chapter 2.45 BOROUGH MANAGER Sections: 2.45.010 Borough manager. 2.45.020 Appointment. 2.45.025 Term of office. 2.45.030 Powers and duties. 2.45.040 General provisions. 2.45.050 Oath of office. 2.45.060 Bonding. 2.45.070 Repealed. 2.45.080 Administrative Official — Appointment. 2.45.090 Administrative Official — Qualifications. 2.45.100 Administrative Official — Duties. 2.45.110 Administrative Official — Compensation. The administrative power of the borough is vested in the borough manager. The manager is and shall be the chief administrative officer of the borough. The manager has and shall have all of the powers and duties set forth in the Alaska Statute presently numbered AS 29.20.500, other powers and duties elsewhere prescribed by law, and as set forth in this code. The manager has the supervision and control, directly and indirectly, over all administrative departments, agencies, directors, and all other employees of the borough except the borough clerk, borough clerk's office employees, and the borough attorney. Ordinance No. FY202N-NN Version 2 Page 2 of 5 Page 15 of 29 Administrative Official Position Discussion 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 AGENDA ITEM #2.b. 2.45.020 Appointment. The assembly has, and shall hereafter have, whenever pertinent, the power to appoint a manager by a majority vote of its membership. The assembly shall choose a manager solely on the basis of his executive and administrative qualifications, and he shall receive the compensation set by the assembly. An assembly member may not be appointed manager of the borough sooner than one year after leaving office, except that, by a vote of three-fourths of its authorized membership, the assembly may at any time appoint one of its members as manager. 2.45.025 Term of office. Subject to the contract of employment, the manager holds office at the pleasure of the assembly. 2.45.030 Powers and duties. The manager, as the chief administrative officer, is responsible for the proper administration of all borough affairs. The manager shall: A. Appoint borough employees and department directors, except as otherwise provided by this code; 4e -may hire necessary administrative assistants, as authorized by budget, and appoint, suspend, or remove subordinates; B. Appoint an administrative official, subject to confirmation by assembly resolution, to act as manager during the manager's absence or disability; C. Suspend or remove by written order borough employees or department directors except as provided otherwise in this code; GD. Supervise enforcement of the borough laws and carry out the directives of the assembly; DE. Prepare and submit the annual budget and capital improvement programs for the assembly; €F. Execute the budget and capital improvement program as adopted; G. Make monthly reports to the assembly on borough finances and operations; GH. Report to the assembly at the end of each fiscal year on the finances and administrative activity of the borough; #I. Prepare and make available for public distribution an annual report on borough affairs; 1J. Serve as personnel officer unless the assembly authorizes appointment of a personnel officer; JK. Direct and supervise the administration of: 1. The function of all department directors and employees except as provided otherwise in this title; 2. The care and custody of all borough buildings and of all real and personal property of the borough, except as provided otherwise by AS 29.35.160; 3. The construction, maintenance and operation of all borough roads, bridges, drains, buildings, and other public works; and KL. Execute other powers and duties specified by Alaska law or lawfully prescribed by the assembly. 2.45.040 General provisions. A. The activities under the direction and supervision of the manager shall be distributed among the departments established by ordinance. B. Each department shall be administered by a director appointed by and subject to the direction and supervision of the manager unless provided otherwise by law. With the consent of the Ordinance No. FY202N-NN Version 2 Page 3 of 5 Page 16 of 29 Administrative Official Position Discussion 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 AGENDA ITEM #2.b. assembly, the manager may serve as the director of one or more departments. With the consent of the assembly, the manager may appoint one person as the director of two or more departments. C. Any department director appointed by the manager may be suspended or removed by written order of the manager. 2.45.050 Oath of office. Before taking the office of manager, the manager shall affirm in writing that the duties of the manager will honestly, faithfully, and impartially be performed. The oath shall be filed with the clerk. 2.45.060 Bonding. The manager, and other municipal department directors or employees which the assembly shall designate, shall give bond in the amount and with the surety prescribed by the assembly with premiums to be paid by the borough. 2.45.070 Repealed. 2.45.080 Administrative Official — Appointment. The manager is authorized to appoint as administrative official subject to confirmation by assembly resolution to act as manager during the manager's absence or disability. 2.45.090 Administrative Official — Preferred Qualifications. 1. """„moi. A full-time employee of the Kodiak Island Borough for a minimum of two years; 2. Most Meets the qualifications by education and experience of the office to which the employee holds; 3. ""h+ he Physically located in Kodiak during the appointment and throughout the duration of the appointment; and 4. lost Meets the qualifications outlined in the Emergency Operations/Management Plan to conform to the required training throughout the year. 2.45.100 Administrative Official — Duties. The designated administrative official shall oversee the efficient management of the borough's administrative affairs, ensuring the implementation and adherence to borough policies. The administrative official shall have only those powers necessary to deal with borough administrative affairs until the return of the manager. The authority to appoint or remove department directors or subordinates, including binding the borough contractually with other governing bodies, remains with the borough manager. 2.45.110 Administrative Official — Compensation. The administrative official shall receive premium compensation if the appointment is made for: A. More than six consecutive calendar days, or B. Ten cumulative days worked within a thirty -day time frame; C. More than six consecutive days worked in the case of vacancy; or D. Premium pay would be defined as 110 percent of annual compensation pro rata for the duration appointed. Ordinance No. FY202N-NN Version 2 Page 4 of 5 Page 17 of 29 Administrative Official Position Discussion AGENDA ITEM #2.b. 180 Effective Date: This ordinance takes effect upon adoption. 181 182 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 183 THIS DAY OF , 2024 184 185 KODIAK ISLAND BOROUGH 186 187 ATTEST: 188 189 Scott Arndt, Borough Mayor 190 Nova M. Javier, MMC, Borough Clerk 191 Introduced by: Assemblymember Ryan Sharratt 192 First reading: 193 Second reading/public hearing: 194 195 VOTES: 196 Ayes: 197 Noes: 198 199 200 Ordinance No. FY202N-NN Page 5 of 5 Version 2 Page 18 of 29 Administrative Official Position Discussion AGENDA ITEM #4.a. Kodiak Island Borough OFFICE of the MANAGER TO: Kodiak Island Borough Assembly 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 FROM: Aimee Williams, Borough Manager RE: Manager's Report, August 8, 2024 Manager's Department Anniversary — Jessica Basuel is celebrating her 19th anniversary at KIB today. Congrats and thank you for all your efforts while working for KIB. Banking — KIB has been in a contract with Wells Fargo for banking services via Contract FY2019- 19, and during that time we paid fees of $74 in 2021 and $9 in 2022. That contract had an initial expiration date of June 30, 2022, and included two optional one-year extensions making the final expiration of the contract, including extensions, June 30, 2024. Since the banking RFP will be issued in September with a contract begin date of July 1, 2025, and we are outside of our prior contract term, we are subject to the banks current general service cost rates. Finance has spoken with our Wells Fargo Local Government Relationship Manager about a short contract through June 30, 2025, which would lock in current service rate costs and avoid the banks normal January service cost rate increases. After reviewing Wells Fargo's proposed rates, staff does not anticipate this short contract to result in paying any more fees than we have during the last 5 years due to our earnings rate credit. Weather — Pre — Emergency Operations Center — The City of Kodiak invited me to participate in their emergency operations meetings due to the large amount of heavy rainfall that we received earlier this week. While I do not "technically" have a role, I appreciate the invitation and look forward to further KIB and City of Kodiak cooperation. AGENDA ITEM #4. a. Providence — Dave Conrad and I met with members of the Anchorage -based Providence staff this afternoon. The air handler project is about to be at 65% design. Once it is ready, it will be sent over to KIB for review by the Architectural Review Board. Once the ARB has a chance to review it, the project will go directly to 100%. The ARB will have one more chance for review before construction begins. Website — Kodiak Island Borough website is getting an update. Several staff members met with our provider, CivicPlus, on Wednesday, August 6, 2024, to review the requested changes, aesthetics, and usability. The launch will be in mid-September 2024 Alaska Municipal League — The Summer Legislative Conference is being held in Kodiak this year. Both the Alaska Municipal Manager's Association and the Alaska Conference of Mayors have meetings on August 13th and then the main conference starts on August 14th and goes into August 15th. Registration for the session is now open at https://www.akml.org/conferences-events/summerconference/ Kodiak Area Leadership Institute (KALI) — On behalf of KALI, Dorinda Kewan reached out to invite the KIB Assembly to a lunch and the regional government session that will tentatively be held during the morning on Thursday, September 12tH Please note that the rest of the forum is by invitation only. Current Recruitments — • General Accountant Treatment Plant Operator Trainee or Operator — Offer made - Waiting acceptance. Community Development Multi -Jurisdiction Multi -Hazard Mitigation Plan Update — The first draft of the update Hazard Mitigation Plan was posted on Friday, August 2, 2024, on the borough website at https://tinyurl.com/2024kibhm. The document will be available for comments through September 6, 2024. Hazard Mitigation Advanced Assistance Grant for Hydrology Study — The request for proposals closed on August 2, 2024. Staff will start reviewing the five submitted proposals this week. Local Emergency Planning Committee — The borough is advertising open volunteer positions with the Local Emergency Planning Committee. The advertising period will be three weeks and closes on September 9, 2024. Page 20 of 29 AGENDA ITEM #4. a. Planning & Zoning Commission — The Planning & Zoning Commission will hold a work session on August 14, 2024, this meeting will focus on the CIP list and Planning Commissioner training. No cases were filed for August; therefore, the regular meeting scheduled for August 21, 2024, has been canceled. Assessing Department Field Work — Assessing staff will be doing in-person field inspections in Monashka, Bells Flats, Chiniak, and Pasagshak. The second round of postcards are due to be mailed on August 15. Properties seen as of August 6, 2024 - 330 Senior Citizen / Disable Veteran exemptions — Fifteen applicants remain to be determined by the PFD and will be processed when the information becomes available. Exemptions — • Assessing is working on an exemption application for New Valaam Monastery / St. Micheals Skete that was timely filed but was incomplete. Assessing has received the paperwork necessary to begin processing the application. Assessing will mail out the decision next week. • One exemption applicant has asked for a reconsideration. All other exemption applications have been completed by KIB, returned to the applicant, and were not appealed. • One agricultural deferment exemption was applied for by the May 15 deadline but was returned for an incomplete application. The applicant has not provided requested information to date. Tyler Conversion — Assessing continues to run queries for cleanup and is preparing for file transfer. Engineering and Facilities Architect Visit — Mr. Corey Wall and David From are scheduled to be in Kodiak August 14 — 161n Meetings are scheduled for the review and consultation for the final Medical Facilities Space Analysis. Final presentation is anticipated in September 2024. Women's Bay Playground — Equipment ordered has been received. An intent to award has been issued and the contract will be before the Assembly on August 15, 2024. AGENDA ITEM #4. a. Saltery Cove Trail Improvement — Finance staff is continuing process billing for the project working with ADF&G and ITN. There will be extra funds left in that grant and so there will be a discussion regarding possible additional work. Survey work is anticipated for September 2024. KFRC — • Cost associated with the GSA Lease Amendment Water Sampling has been provided to GSA for approval. The cost is above the allotted amount due to the quantity of faucets requiring testing and air freight to ensure hold times are met. • Awaiting the follow up reports from the General Services Administration (GSA) representatives specific to the building's fire alarms and sprinkler systems. • Discussions have been held with the General Services Administration (GSA) Awaiting feedback from GSA regarding decontamination system replacement. • The apartment sewage lift station has been an issue this week. Scheduling is underway to verify function and parts required to repair/replace the current pumps. • The E/F Staff will cooperate with the NOAA staff to perform an installation of a Starlink Satellite antenna at the facility. • Additional electrical circuits have been priced for GSA consideration to accommodate additional chillers for NOAH. Old Mental Health Facility — Requesting a work session agenda item to discuss policy decisions of the future of these buildings. (This has also been identified as an issue to be added to an agenda via an assembly member using a yellow sheet) Landfill — ADEC Solid Waste Inspection in the middle of September. • Staff is continuing to investigate the Compliance Order by Consent (COBC) associated with the storm water violations. • Baler building concrete floor section bid has been advertised. • A Fall Commercial Hazardous Waste Event is scheduled for October 1St and 2nd This event will target commercial entities for collection and disposal for hazardous materials. • Anticipate installation of radios in the new equipment soon. KIBSD — Petersen Roof — Page 22 of 29 AGENDA ITEM #4.a. Job is progressing. A leak was detected near the music room this past weekend. Contractor will install the retrofit assembly for the drain in an effort to eliminate the leak. Metal siding and coping is to be installed as materials arrive on site. Fire alarm final component installation and acceptance testing and witnessed sequence is scheduled for next Monday. Both the City of Kodiak Fire Chief and Coast Guard Fire have been briefed and have been consulted regarding providing a witness for the testing event. Interior cleaning is in progress. East Elementary — • Asphalt will be patched when it becomes available. Leachate Treatment Plant — • Staff continues to process as much leachate as the plant will allow to reduce the stored quantity. • Site inspection held today with the staff providing a punch list for completion. Anticipate contractor to return to the site at the beginning of September to complete final work. Awaiting final shipping dates for the new pump / impeller configuration. • An offer has been made for the Operator Trainee Position. Pending applicant finding housing prior to acceptance. Finance Department Property Taxes — 2024 tax bills are out — if you did not get one, please contact the finance department. For those opting to pay two half payments, the first payment is due August 15th. If making the single payment, or have missed the August 15th date, the total due must be paid by October 15th to avoid penalties and interest. Property Assessment and Taxation Implementation Project — Staff is continuing to meet regularly with Tyler and are in the process of creating a test environment. Prior to moving data to the new environment, we will be working on data cleanup and verification. Current go -live date is June 25, 2025. Staffing — We are still advertising for a general accountant position. IT Department Security Audit — Winning proposal has been picked; next step is approval by Assembly August 15tH Page -23 -of 29 AGENDA ITEM #4. a. Power Outage Protocol - Implementing a KVM to aid this process. Business Continuity and Disaster Recovery - Working on a comprehensive backup and disaster recovery plan and related policies for the Borough. Records and Data management - Reviewing email retention policy for KIB implementation. Finalizing IT record retention policy. Researching GIS data retention policy Network Management - Identifying current network cabling for an updated logical network diagram. Security • Working on cybersecurity policies for KIB • Reviewing and testing SIEM and Endpoint Security software for a fit with Kodiak Island Borough. • Building a certificate services system for KIB Hardware - Refreshing twenty-two laptops for Borough employees and Assembly Members. Assembly laptops are being configured for deployment next. Software - • Working on Laserfiche for Clerks. • Updating our Finance software New World for Finance. • Updating our Rockwell LTP monitoring systems and hardware GIS - Assessing has tasked GIS with reviewing - 7800 property records for accuracy and updating our GIS data. 300 records left to update. • Verify that the legal description is accurate in our records. • Check survey records and plat information for the properties and update our GIS systems. 6 Page 24 of 29 AGENDA ITEM #5.a. AUGUST 8, 2024 .ELECTIONS UPDATE ✓ Assisting the State with the upcoming August 20 Primary election. We will be distributing equipment and election materials next week to the Precinct Chairs. ✓ On Election day, the Borough Clerk's Office staff will be in and out of the office to assist at the precincts. ✓ The following elections are going to be held in 2024: ➢ Tuesday, August 20, Primary Election ➢ Tuesday, October 1, Local Municipal Election ➢ Tuesday, November 5, General Election ✓ Filing period will close at 4 p.m. next Thursday, August 15. ✓ Canvass team is formed for the local election. Putting together the rest of the election workers for the upcoming election. ✓ Seats coming up for the Local Municipal Election: ➢ Assembly ■ Scott Smiley - 2024 ■ James Turner — 2024 ➢ School Board ■ Dave Johnson — 2024 ■ Judy Carstens — 2024 Absentee Voting for the August 20 Primary Election Started on Monday and will close on Monday, August 19 Hours: 10 a.m. to 4 p.m. Location: Assembly Chambers RECORDS UPDATE ✓ Archiving records from offices to the records center ✓ Contracts destruction list will be presented to the Assembly after the revision of the Page 1 of 3 Page 25 of 29 AGENDA ITEM #5. a. records code. ✓ 6 Records request completed. ✓ Working on revising the IT Department's series, deletion of Childcare series ASSEMBLY AGENDA ITEM REQUESTS ✓ See tracking spreadsheet attached. FY2025 BUDGETS AS OF August 1, 2024 ✓ Legislative Budget — FY2025 at 15% ✓ Clerk's Office Budget — FY2025 at 8% UPCOMING MEETINGS ✓ August 27, Joint Work Session with the City Council ✓ August 29, Work Session ✓ September 5, Regular Meeting EVENTS CALENDAR ✓ August 13-15, 2024 AML Summer Legislative Conference, Kodiak Smiley, Griffin, and Arndt are signed up to attend ✓ December 9-13, Annual AML Local Government Conference, Anchorage LEAVE Reporting KIBC 2.25.070 No member of the Assembly may absent himself from any regular or special meetings of the assembly except for good cause. An assembly member who is unable to attend a meeting SHALL ADVISE THE Absences CLERK OR THE MAYOR of the contemplated absence. BOARD APPLICATIONS ✓ Kimberly Olson, Solid Waste Advisory Board (Pending) ✓ Notice of Vacancies -Applications are being accepted for the following Board, Committee, and Commission seats that are currently vacant: ■ Architectural and Engineering Review Board/Building Code Board of Appeals — 1 Seat ■ Board of Equalization — 1 Alternate Seat ■ Bayview Service Area Board — 2 Seats ■ Monashka Bay Road Service Area Board — 3 Seats ■ Parks and Recreation Committee — 1 Seat Page 2 of 3 Page 26 of 29 AGENDA ITEM #5.a. Solid Waste Advisory Board — 1 At -Large Seat and 1 Retail Business Representative Seat ■ Kodiak Fisheries Development Association —Borough Appointees —Crab Harvester — 1 Seat STAFF TRAINING ✓ Quarterly Safety Training for Borough Employees ✓ September 8-11, Diligent Elevate Training — training includes agenda and boards management, effective meetings and efficiencies, public awareness and engagement, best practices for creating, reviewing, and publishing policies. Attendees: Clerk and Assistant Clerk ✓ October 14-16, ARMA InfoCon 2024, Records Management Training Attendee:Deputy Clerk MISCELLANEOUS ✓ 2025 Assembly Annual Calendar will be presented for approval on October 17 (per Mayor Arndt). ✓ Liquor License Renewal o Double Shovel Cider Kodiak o Chart Room ✓ Clerk drafted an ordinance in regards to 213 voting ✓ Clerk working with the attorney on revising the liquor licenses ordinance. ✓ Distributed the code updates this past week. Page 3 of 3 Page 27 of 29 Nova Javier From: Ryan Sharratt <ryan@nwffenviro.com> Sent: Thursday, August 8, 2024 5:46 PM To: Nova Javier Cc: Aimee Williams Subject: For assembly handout Nova, Can you please print this to hand out at the evening work session? Thank you! Discussion Topic: Administrative Official 2.45.100 -Administrative Official Duties. AGENDA ITEM #9.a. The designated administrative official shall oversee the management of the borough's administrative affairs, ensuring the continuity of policies and procedures enacted by the Borough Manager. The Administrative Official (AO) shall have only those powers necessary to deal with borough administration affairs until the Manager's return. The AO will not have the authority to hire or terminate any employee while acting on a temporary duty. The AO will not have the authority to enter into any contracts or agreements not already dated before the manager's departure. 2.45.110 - Administrative Official Compensation The designated administrative official shall receive increased compensation for the time assigned as the Administrative Official (AO) not more than the manager's leave. Increased compensation shall be a ten percent above base salary prorated for the AO duties. (Example: $105,000 base rate * 10% = $10,500 /2080 hours in a work year = $5.05 /hr. extra per hour worked/assigned as the AO f$202/week}). Ryan B Sharratt, MS, CHMM, CSP Principal Consultant I Alaska Operations Manager Environmental PO Bo PO Box 1810, Kodiak, AK 99615 Emergency Response 800-942-4614 Phone 907-486-2960 Mobile 907-942-5544 Email ryanCranwffenviro.com AK Occupational Safety & Health Review Board - Chair 91 Im IMP, Page 28 of 29 KODIAK ISLAND BOROUGH Meeting Type: Assembly Work Session riease r -min i your name iegim AGENDA ITEM #9.a. Date: A"M+ S , 102-q rnune nurnuer Page 29 of 29