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2024-11-14 Work SessionKodiak Island Borough Assembly Work Session Assembly Chambers Thursday, November 14, 2024, 6:30 p.m. Work Sessions are informal meetings of the Assembly where members review forthcoming programs of the borough, receive progress reports on current program or projects or receive other similar information from the manager. All discussions and conclusions are informal and there are no official actions taken. The Assembly also review the upcoming regular meeting agenda packet and request and/or receive information from staff. This work session is open to the public and will be broadcast on the Borough's YouTube Channel. Meeting packets are available online. Page 1. CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202 (Limited To Three Minutes Per Speaker) 2. AGENDA ITEMS a. Presentation From Borough Lobbyist Mark Hickey 4 - 17 Agenda Item Report - Pdf b. Update On The Hydrology And Hydraulics Study 18 - 51 Agenda Item Report - Pdf C. Discuss Amendments To KIBC 2.30.070 (M)(3) To Require 52 - 56 Assembly Members Who File A Reconsideration To Provide Reasons At The Time Of Filing Agenda Item Report - Pdf d. Discuss KIB Representation On The Alaska Municipal League 57 - 68 Board Of Directors And Alaska Municipal League Legislative Committee Agenda Item Report - Pdf KIII V_[y:4: a2VIITA12kyAl The DRAFT regular meeting packet is available online at Kodiak Island Borough - Meeting Type List (civicweb.net). a. PUBLIC HEARING • Ordinance No. FY2025-08, An Ordinance Of The Kodiak Island Borough Accepting And Appropriating Grant Funds For The 2020/2021 Statewide Salmon Disaster • Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Office Liquor License Transfer Of Page 1 of 82 Location Application From Island Hotels, LLC, DBA Kodiak Harbor Convention Center (License No.3480) From Current Location Of 211 W Rezanof Drive To 203 Alder Lane, Kodiak, Alaska Island Hotels, LLC, DBA Kodiak Compass Suites CONTRACTS • Contract No. FY2019-25, Amendment #2, Version 2, Residential And Commercial Solid Waste Contract With Waste Connections dba Alaska Waste • Contract No. FY2025-29, Architectural And Engineering Services Contract For Various Capital Improvement Projects With Jensen Yorba Wall, Inc. OTHER ITEMS • Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Office, Beverage Dispensary License Renewal Application For Blue, Inc., Doing Business As B&B Bar (License #85) • Review And Possible Protest Of The Continued Operations Of Certain Liquor Licenses Or Endorsements During The Second Year Of Their Biennial License Period • Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees • Assembly Approval Of A Candidate To The Alaska Municipal League Board Of Directors • Confirmation Of Mayoral Appointment Of Ms. Judith Phillips To The Solid Waste Advisory Board • Authorization To Cancel The January 2, 2025, Regular Meeting 4. MANAGER'S COMMENTS a 2024-11-14 Borough Manager's Report 5. CLERK'S COMMENTS a 2024-11-14 Borough Clerk's Report 6. ASSEMBLY MEMBERS' COMMENTS 7. MAYOR'S COMMENTS 8. INFORMATIONAL MATERIALS a Meeting Material 69 - 75 76-81 Page 2 of 82 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 3 of 82 AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 14, 2024 ASSEMBLY WORK SESSION SUBJECT: Presentation From Borough Lobbyist Mark Hickey ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Receive a presentation from Borough State Lobbyist Mark Hickey DISCUSSION: Lobbyist Mark Hickey will present current State Legislative information to the Assembly, and he intends to cover the following topics: 1. Status of State's fiscal situation. 2. Expectations for 33rd Alaska State Legislature. 3. Outlook for FY 2024 budgets (potential challenges/threats). 4. Status of Tustumena Vessel Replacement Project and other pertinent AMHS issues. 5. Status of Kodiak Island Borough Transportation Projects and latest on the department's Community Transportation Program. He will be available also to discuss the upcoming budget and submission of a State Capital Improvement Project List. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Presentation From Borough Lobbyist Mark Hickey Page 4 of 82 AGENDA ITEM #2.a. Hickey & Associates Planning * Management * Lobbying Telephone (907) 723-8574 303 Seward Street; Suite 3; Juneau, AK 99801 E-mail mshickeyCa cg i.net Memorandum To: Mayor Scott Arndt, Borough Assembly Members & Borough Manager Aimee Williams Kodiak Island Borough From: Mark Hickey, Borough Lobbyist Date: November 7, 2024 Subject: Lobbyist Report This report provides an update on issues of interest. Alaska Senate & House Organizations Announced: While there are a few legislative races undecided, both the Senate and House majorities have announced their organizations for the 34' Alaska State Legislature. The Senate Bipartisan Coalition will continue with no change in key leadership positions. Senator Gary Stevens (R-Kodiak) will continue as the Senate President. They will likely see a reduction in their number down from 17 members. On the House side, we will see a return to the bipartisan coalition in charge prior to the last two years. Rep. Bryce Edgmon (I -Dillingham) returns as Speaker, with Rep. Louise States (R-Kodiak) as the Rules Chair. We may see another one or two Republican members joining all House Democrats and Independents. FY 2026 Budget Outlook/State Revenues Projection: The Alaska Department of Revenue's Spring 2024 Revenue Forecast predicted an average Alaska North Slope (ANS) oil price of $78 per barrel for fiscal year (FY) 2025 (current fiscal year starting July 1, 2024). The legislature developed the current FY 2025 budget based on this forecast. Prices exceeded this estimate in July and August but has been at or below the $78 per barrel estimate for the last two months. Daily production during the same period has been at or lower than the projected amount of 476,800 barrels per day. If these trends continue, we could face a FY 2025 deficit and downward pressure on the FY 2026 budget. Alaska Permanent Fund Report Shows Increasing Fiscal Crisis: A new report published by the Alaska Permanent Fund Corporation at the end of July 2024 shows more money is being spent from the fund than is being deposited or earned through investments. This is a problem I discussed last fall when I visited. Since the corporation expects to earn additional money in the coming months, the shortfall is not expected to be a real problem in FY 2025 but is another indicator that we may face a serious problem in future years with the fund's ability to pay for state services and the Permanent Fund dividend. Education Issues: Several education issues are worth mention. • Base Student Allocation (BSA) Increase: Another attempt to pass a significant increase in the BSA will likely be a major topic during the 2025 legislative session. What might be possible will depend in large part on the outcome of the 2024 election, particularly as far as its impact on the makeup of the majority organization in the Alaska House of Representatives. KIB Lobbyist Report November 7, 2024 Presentation From Borough Lobbyist Mark Hickey Page 5 of 82 AGENDA ITEM #2.a. • School Debt Reimbursement Funding: I would expect to see continued funding of this component at 100%, although a significant downturn in state oil revenues could put pressure on keeping this at the 100% level. • Possible DEED Action to Tighten Limits on Local Funding: The Alaska Department of Education and Early Development (DEED) is considering a new regulation changing how local contribution is calculated. Under the current system, local governments can fund certain activities (such as transportation, school activities and preschool) beyond the established cap on local contribution. The proposed regulation is to be presented to the state Board of Education in December. If the board decides to proceed, the regulation will then go out for public comment. • Federal Education Funding Equity Dispute: A dispute between DEED and the federal government over whether the state distributed COVID relief equitably remains unresolved. The problem surfaced near the end of the 2024 legislative session. As of the end of September, the U.S. Department of Education has withheld a total of $17.5 million in federal grant funds. The state is continuing to appeal the decision. Kodiak Island Borough School District is not one of the impacted districts based on information provided by DEED. It is unknown whether the dispute could end up threatening additional federal education funding in the future. Other FY 2026 Budget Challenges/Threats: The following is a list of other potential challenges or threats that may confront municipalities during the upcoming session. The state's fiscal situation and possible changes in legislative organizations will have a bearing on what might become an issue. I'll discuss these items in more detail at the work session. • Reduced community assistance funding. • Continued efforts to create a new defined benefit plan for public employees and education professionals. • AMHS operations impacts due to hiring challenges, vessel age and continued provision of Infrastructure Investment & Jobs Act (IIJA) grant funds. • Reduction or change in annual state PERS/TRS unfunded liability contributions. • Revenue measures — state sales tax, motor fuel taxes increase. More Delays in Tustumena Vessel Replacement (TVR) Project: AMHS director Craig Tornga recently briefed the AMHS Operations Board at its October meeting and reported additional delays in getting the funding in place from the Federal Transit Authority. The System expects pre -award authority by the end of 2024, thereby allowing AMHS to begin soliciting bids for vessel construction. The new schedule is to see completion by the end of 2028, but the new vessel is unlikely to be in service until 2030. The new vessel, which is estimated to cost over $315 million, is potentially one of several hybrid - electric ferries AMHS plans to construct. AMHS Releases New Long -Range Plan: AMHS continues to work on the 2045 AMHS Long -Range Plan. Director Tornga provided an extensive PowerPoint presentation on the plan at the October AMHS Operations Board meeting. A final draft plan is expected by the end of the year, with a 30-day public comment period expected after completion of the draft plan. Key features include building six new hybrid vessels, increasing port calls and recruiting more Alaskans for jobs. More information about the plan can be found here. Kodiak Island Transportation Projects Status: The following provides an update on the status of Kodiak Island transportation projects under development by Department of Transportation & Public Facilities (DOT&PF). Delays getting federal approval of the new federal fiscal year (FFY) 2024 — 2027 Statewide Transportation Improvement Program (STIP), coupled with new project development challenges, has forced slippage in the construction schedule for most projects by one or more years. KIB Lobbyist Report 2 November 7, 2024 Page 6 of 82 Presentation From Borough Lobbyist Mark Hickey AGENDA ITEM #2.a. • Chiniak Highway Rehabilitation (Milepost 15 to 31): This is now a four -stage project to preserve and rehabilitate the roadway subgrade and surface of about 16 miles of the Chiniak Highway from Milepost 15 to the end of pavement just beyond Milepost 31. Other improvements will include lighting, guardrail, drainage, culverts, and other roadway needs as required. Construction cost for each of the two first phases is estimated at $17 million. The first phase will be milepost 22 to 28. The first two phases are scheduled to go to construction within the current FFY 2024-2027 STIP, but unanticipated project development problems continue to cause delays. I hope to have more information at the meeting on the anticipated schedule. • Rezanof Drive Resurface — Marine Way to Airport: Scope is to resurface this section and perform minor structural improvements, drainage repairs, and striping. Construction cost is now estimated at $15 million. Construction work is now planned to start in FFY 2027. • Rezanof Drive ADA Improvements: The purpose of this project is to provide a continuous accessible route on the north side of Rezanof Drive between Marine Way and Benson Drive. New environmental and right-of-way issues experienced during project development has moved the schedule for construction to begin in phases starting in FFY 2026. • Otmeloi Way Reconstruction: Scope is to reconstruct and pave Otmeloi Way. Construction cost is now estimated at $9.8 million. The project is shown in the approved 2024-2027 STIP as a FFY 2027 project, but I won't be surprised to see this schedule slip further. Delays with personnel changes and then deciding to hire a consultant for environmental/design is part of the reason for slippage in the schedule. I talked to the Design Group Chief this week and expect to get more information on likely schedule. • Sargent Creek and Russian River Bridges Planning Study: The department received a planning and environmental linkage (PEL) grant last year to perform a hydrology study and other planning activity to make recommendations to mitigate flooding problems in this area. A request for proposals is ready to hire a consultant to help perform this work but has been delayed because of STIP approval issues. The department expects to move ahead with the RFP shortly. • Sargent Creek Bridge Replacement: Replacement of the Sargent Creek Bridge on the Chiniak Highway is no longer in the approved FFY 2024-2027 STIP. About $600,000 is included in FFY 2026 for immediate bridge repairs. Construction is now shown as post FFY 2027. Scope will depend in part on the outcome of the PEL study. • Kodiak Airport Apron, Taxiways & Runways Rehabilitation: This is a major rehabilitation project now estimated to cost more than $70 million, with construction scheduled to occur over three to four years. Project scope includes replacement of existing pavement and airport lighting throughout the facility. The main apron will be reconstructed and strengthen. A more complete summary and project update can be found here. Phase 1 was awarded to Quality Asphalt Paving in late July 2024 for $18.9 million. Phase I scope is to reconstruct the apron and taxiway F. Construction is now scheduled to start in 2025. Bidding for Phases 2/3 and Phase 4 are scheduled for FFY 2025 and FFY 2026, respectively. • Kodiak Airport Perimeter Fencing Upgrade: The bid package was finally advertised in August 2024. An award of $8.7 million to Quality Asphalt Paving occurred in late September 2024. The department expects to see the project completed next construction season. • Port Lions Airport Improvement Project: This project is to realign, lengthen, and widen the existing airport to meet Federal Aviation Administration (FAA) guidelines. Runway length will go from 2,200-feet to 3,300-feet. The construction cost estimate is $24 million. Construction is now planned for 2028. The department recently completed a major maintenance effort to resurface the existing runway and intends to apply dust palliative next year. This should help to stabilize conditions until the larger construction project can occur. KIB Lobbyist Report November 7, 2024 Presentation From Borough Lobbyist Mark Hickey Page 7 of 82 AGENDA ITEM #2.a. 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 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2024-11 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2024 LEGISLATIVE SESSION WHEREAS, the Kodiak Island Borough represents approximately 13,000 residents of the Kodiak Island Archipelago living in six incorporated cities and one community governed by a tribal council government; and WHEREAS, a Borough —wide capital improvement program has been adopted by the Kodiak Island Borough Planning & Zoning Commission which identifies major needs of the island community for the next five years; and WHEREAS, the Kodiak Island Borough Assembly has reviewed the borough -wide capital improvement program adopted by the Planning & Zoning Commission and identified major projects to submit to the Alaska Governor and State Legislative Delegation for funding consideration. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: The Kodiak Island Borough's State Legislative capital improvement project priorities (unranked) for the 2023 legislative session are as follows: St. Herman Harbor Infrastructure Replacement Estimated Project Cost Phase I & II $16,000,000 Phase III & IV $40,000,000 Funding Acquired $ 1,800,000 Needed State Funds $ 5,000,000 The City of Kodiak is the owner of the two largest harbors in the Kodiak Island Borough, one of those harbors, St. Herman Harbor (SHH), was built by the State of Alaska in 1982 and has been a vital facility for Kodiak's large and diverse commercial fishing fleet for over 40 years. The State of Alaska turned over all state-owned facilities in St. Herman Harbor to the City of Kodiak in 1999. The facility provides safe moorage for more than 400 vessels from all over Alaska and the West Coast. Except for a few minor upgrades over the years, the original float system is beyond its useful life and is in critical need of replacement. Resolution No. FY2024-11 Page 1 of 6 Page 8 of 82 Presentation From Borough Lobbyist Mark Hickey AGENDA ITEM #2.a. 42 43 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 The proposed project would result in the reconstruction of St. Herman Harbor with the replacement of most of its float system in four phases. Currently, the harbor has been losing one dock per year due to aging and the saltwater elements. A dock loss results in 2 vessel berths along with the revenue generated for the harbor. This rate of failure is likely to increase in future years as the existing docks further deteriorate. The latest inspection report shows many portions of the facility are in very poor condition. The forty -year -old float systems suffer from failing concrete, rotting walers and bull rails, and an outdated electrical system. These floats contain electrical pedestals, fire suppression water lines, safety ladders and supply water. In 2022, the City contracted with PND Engineers, Inc. (PND) to prepare a St. Herman Harbor Planning and Scoping Report that includes concept harbor layouts, cost estimates and construction phasing recommendations. The Kodiak Island Borough supports the City of Kodiak request of $16 million to complete the first two phases. Phases III & IV estimated project development cost is approximately $40,000,000. Modernizing and expanding the port infrastructure is critical to remaining competitive in maintaining our status as an important commercial fishing community. Waterfront facilities and marine infrastructure are a critical element to the City of Kodiak and the State of Alaska, supporting a large portion of the City's commerce, industry, transportation, and recreational needs. Hospital Facility Sterilizer and Boiler Replacement Estimated Project Cost $1,000,000 Funding Acquired $0 Needed Funds $1,000,000 The Kodiak Island Borough owned hospital facility boilers and associated system components are aging along with the facility. The system components that have been identified for major repair or replacement include the oil -fired boilers, chiller unit, reverse osmosis water system, steam generation equipment and sterilization equipment are all in consideration. The oil -fired boilers provide the major hydronic heating component for several associated systems at the hospital facility. They include the production of facility heat, hot water and the hot water component for conversion to steam via a steam generator that is distributed to the sterilizers required for the hospital operations. The sterilizer equipment has been maintained at an operational level. Due to the age of the existing equipment, increased frequent failures associated with the steam generator and sterilization equipment has affected the operational capacity of the hospital to the point where operating room availability is managed at times with the functional capacity of the facility to ensure properly sterilized equipment. All of the system components need to be evaluated for replacement timeframes as and of the individual component failures may lead to services being suspended at the hospital facility. Resolution No. FY2024-11 Page 2 of 6 Page 9 of 82 Presentation From Borough Lobbyist Mark Hickey AGENDA ITEM #2.a. 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 Kodiak Community Health Center Expansion Estimated Total Project Cost $25,850,000 Funding acquired $8,317,901 Estimated Design Cost $1,200,000 Needed Funds $1,200,000 The Kodiak Community Health Center (KCHC) is currently housed within the Kodiak Island Borough owned hospital facility and co -located with Providence Kodiak Island Medical Center. KCHC is in need of increasing the clinic space and is planning an expansion project. Due to various changes in the community in the past five years, patient and provider counts have increased and pushed this organization to the maximum of their space limitations. Additionally, an increase in patient population is expected to coincide with a local US Coast Guard base increase in employees and their families in the next few years. With appropriate funding KCHC proposes to expand and improve the clinic space and continue to provide needed services in the Kodiak community. KCHC has acquired funding in the amount of $8.3 million toward this project, however design activities are not eligible within this funding. KCHC is seeking design funds in order to move forward with the project and will continue fund raising efforts for the balance needed. Kodiak Wastewater Treatment Plant Facility Estimated Project Cost $1,900,000 Funding Acquired $ 100,000 Needed Funds $1,800,000 The City of Kodiak provides water and sewer services to Kodiak Island Borough residences and business that are located adjacent to City of Kodiak boundaries. The City of Kodiak Treatment Plant operates under an Alaska Department of Environmental Conservation (ADEC) APDES permit. The first phase of a larger project to upgrade the City of Kodiak Wastewater Treatment Plant was to evaluate the facility for immediate system needs. The last major maintenance upgrade to the facility was in 1999. The condition and evaluation assessment included all major components within the plant interior and exterior, the out- buildings and three aeration basins; including all mechanical equipment needs. Alaska Pollutant Discharge Elimination System (APDES) permitting requirements were included during this assessment. Included in the facility rebuild assessment is the supervisory control and data acquisition (SCADA) system to interface with the 34 sewer lift station pumps and waste treatment at the facility. This facility with its labyrinth of connecting sewer lines, directly serves 2667 City of Kodiak and Kodiak Borough households including commercial businesses. The Treatment Plant also serves the U.S. Kodiak Coast Guard Base and the Pacific Spaceport Complex indirectly with our certified laboratory testing and waste disposal; Resolution No. FY2024-11 Page 3 of 6 Page 10 of 82 Presentation From Borough Lobbyist Mark Hickey AGENDA ITEM #2.a. 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 not to mention NOAA vessels, the Alaska Marine Highway vessels and the expanding cruise ship industry stopovers in our Kodiak Harbors. The Kodiak Island Borough supports the City of Kodiak request for Federal funding in the amount of $1.9M to begin design efforts leading to the construction of this critical infrastructure Wastewater Treatment Plant project that will support the wastewater needs of the community for the next twenty years. City of Larsen Bay Reservoir Spill Way Estimated Project Cost $1,200,000 Funding Acquired $0 Needed Funds $1,200,000 The water reservoir spill way in the community of Larsen Bay is eroding and is nearing failure. This reservoir provides drinking water and hydroelectric power to the residents in the second- class city on Kodiak Island's west side. The Kodiak Island Borough supports the second-class City of Larsen Bay's request for funding assistance. City of Port Lions Water Distribution System Replacement Estimated Project Cost $8,000,000 Funding Acquired $0 Needed Funds $8,000,000 The original water and sewer distribution system for our community was built after the 1964 Good Friday earthquake and tsunami forced the displaced residents of Afognak to relocate in what is now known as Port Lions. In 1994 a new system was installed. However, the contractor did not complete the job correctly. Many homes were not connected to the new system and many homes were connected incorrectly. The now connected system is considered aged out because it is over twenty-five (25) years old. The City of Port Lions Public Works crew consistently has a list of leaks and blockages to repair. In some places the system is beyond repair. We are consistently over budget for our water and sewer utility due to the unexpected expense of purchasing parts and paying our crew to repair and replace section of the distribution system. The outdated system drastically hinders community expansion efforts. The City of Port Lions are working closely with the Alaska Native Tribal Health Consortium (ANTHC) for replacement project to be included in their funding pipeline as soon as possible. City of Old Harbor Septic Tank Replacement Estimated Project Cost $100,000 Funding Acquired $0 Needed Funds $100,000 Resolution No. FY2024-11 Page 4 of 6 Page 11 of 82 Presentation From Borough Lobbyist Mark Hickey AGENDA ITEM #2.a. 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 The Kodiak Island Borough supports the City of Old Harbor's request for funding to Install a sewer septic tank in downtown Old Harbor which is a second-class city within the Kodiak Island Borough. City of Port Lions Fire Station Insulation Estimated Project Cost $35,000 Funding Acquired $0 Needed Funds $35,000 The fire station in the second-class City of Port Lions is not insulated which necessitates that the fire truck be left empty of water during the winter months when temperatures drop below freezing and limits the time and ability to respond to a fire related emergency. The City of Port Lions requests funds for the purchase and installation of building insulation materials. Community of Karluk Water Tank Installation Estimated Project Cost $250,000 Local Funds $0 Needed Funds $250,000 The water holding tank in the community of Karluk has been condemned by the DEC. The Karluk IRA Tribal Council has a new water tank sitting in the Native Village of Karluk. The Kodiak Island Borough supports this request for funds to install the water tank for the water distribution to this community that lies within the Kodiak Island Borough. Service Area Road Improvements and Paving Estimated Project Cost $10,000,000 Local Funds $1,000,000 Needed Funds $9,000,000 This project addresses the on -going need to improve portions of the roads in the Kodiak Island Borough's Road service areas: Service Area No. 1, Womens Bay Service Area, Bay View Road Service Area, and Monashka Bay Road Service Area. These roads connect residential neighborhoods with the greater Kodiak community. Paving projects will address main thoroughfares or busy neighborhood roads. Improvements to major drainage courses, installation of guard rails, and other identified road improvement needs may also be addressed with this funding. Priorities for expenditure of these funds are determined by the road service area boards. Local contributions to road improvements may be funded through local improvement districts where those in the district are taxed a proportion of the project cost. Resolution No. FY2024-11 Page 5 of 6 Page 12 of 82 Presentation From Borough Lobbyist Mark Hickey AGENDA ITEM #2.a. 207 208 209 210 211 212 213 214 215 216 217 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our State of Alaska Governor and Legislative Delegation of the Capital Improvement Projects Priority List adopted by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FOURTH DAY OF JANUARY, 2024 KODIAK ISLAND BOROUGH ATTEST: ail -1"aAj Scott Arndt, Mayor Nova M Javier, MMC Borough Clerk VOTES: Ayes: Ames, Griffin, Sharratt, Smiley, Turner, and Whiteside No: LeDoux Resolution No. FY2024-11 Page 6 of 6 Page 13 of 82 Presentation From Borough Lobbyist Mark Hickey AGENDA ITEM #2.a. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2024-14 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH IDENTIFYING FEDERAL PROJECT AND PROGRAM PRIORITIES FOR FEDERAL FISCAL YEAR 2025 WHEREAS, the Alaska Congressional Delegation has requested the views of the Kodiak Island Borough on which Federal projects and programs should be considered priorities, in no particular order, for rural Alaskan communities and their residents. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Kodiak Island Borough's views and recommendations on priority Federal programs and projects for FY 2025 are as follows: 1. FY 2025 Community Project/Congressionally Directed Spending Requests: The Borough submits the following FY 2025 community project/Congressionally directed spending requests, consistent with guidance issued by the House and Senate Appropriations Committees. • Kodiak Island Medical Center Renovation & Expansion Project: The Borough is seeking funding for a project to build a three-story diagnostic and treatment/patient care addition to our existing hospital to replace an existing wing that is structurally deficient and whose support systems are failing. The total estimated cost of the project is $54.4 million which will meet seismic standards as well as future medical care needs in Kodiak. We are seeking $54.4 million in FY 2025 funding for its engineering and design. • St Herman's Harbor Infrastructure Replacement: St. Hermans Harbor has been a vital harbor facility for Kodiak's large and diverse commercial fishing fleet for 40 years. The facility provides safe moorage for over four hundred vessels from all over Alaska and the West Coast. Unfortunately, its float system is aged, decrepit and starting to fail. The City applied for MARAD Port Infrastructure Development Program FY 2023 grant funding for Phase One of the float system replacement project but was not awarded funding. We thank the Alaska Delegation for its letter of support for the application to the Secretary of Transportation and urge that a similar letter be sent when the City applies for funding in the FY 2024 grant round. 2. Broadband Service To Rural Areas: Establishing or improving broadband service to the Borough's rural communities has been a high Federal priority for us for many years. Deployment of high-speed broadband to rural areas such as Kodiak continued in FY 2024 through a mix of Federal programs provided through the American Rescue Plan Act, the Bipartisan Infrastructure Law, and regular annual Federal appropriations. The primary sources of funding have been or will be through NTIA's Tribal Broadband Program; USDA's Telecommunications Infrastructure Loan Program & Community Connect Grant Program; and the new State Broadband Grants Program created by Resolution FY2024-14 Page 1 of 4 Page 14 of 82 Presentation From Borough Lobbyist Mark Hickey AGENDA ITEM #2.a. 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 90 91 92 the Bipartisan Infrastructure Law. We support continued rollout of these programs in FY 2025 and any broadband applications/projects submitted that would expand or improve service to our Island communities. 3. Use Of Borough Property For Housing: Kodiak faces a severe housing shortage. The shortage has reduced the availability of rental housing stock and driven up prices for lower and moderate -income residents. The Borough is interested in using property in its possession for construction of worker housing in partnership with a local seafood processing company. During the due diligence of this process, the Borough discovered deed restrictions on property use when it was originally conveyed by the Federal government. Those restrictions indicate the property must be used for public purposes. We believe that meeting local housing needs constitutes a public purpose but need concurrence from the Department of Interior before the housing project can move forward. We want to thank the Delegation for its December 2023 letter to the Secretary making that argument and await the Department's reply. 4. Groundfish Surveys: Our Federal resolutions over the years have consistently called for maintenance of effort of Federal groundfish trawl surveys in Alaska. This maintenance of effort is needed as part of the Federal science- and data -driven fishery management process to establish sustainable groundfish quotas. It has been supported by the Alaska Congressional Delegation for which we are appreciative. This baseline is for six surveys, one of which is dedicated to movement of fish out of historical survey areas. That funding/directive is pending in the FY 2024 appropriations bills. We respectfully request that six Alaska groundfish trawl surveys be continued and funded in the final FY 2024 appropriations bill, and for the FY 2025 funding cycle as well. 5. Fisheries Disaster Relief: Congress has enacted fisheries disaster relief reform legislation -- the Fishery Resource Disasters Improvement Act -- that qualifies local government loss of raw fish tax revenues as eligible for reimbursement from future Federal fisheries disaster relief funding. This provision is not mandatory and would require the State of Alaska to include foregone fish taxes as part of its fisheries disaster relief expenditure plans submitted to NOAA. We request the Delegation support adequate appropriations for recent and future approved disaster declarations impacting Kodiak's fisheries. 6. North Pacific Observer Program: Observers are an important part of managing the halibut and groundfish fisheries in the Gulf of Alaska. Gulf of Alaska fishery participants pay into the North Pacific Observer Fund to cover the costs of "partial coverage" for Gulf fishing sectors but there has been a shortfall in funding to cover observer costs in recent years. While Congress did not include the increase in funding for the program that the Borough requested in the FY 2024 appropriations bills, it did include instructions to mitigate the cost impacts on the small vessel fixed gear fleet while the fishery undergoes the transition to electronic monitoring and reporting. We request that an additional $2 million in funding be provided in FY 2025 above base funding along with carryover of language concerning the cost -burdens on the fleet. Resolution FY2024-14 Page 2 of 4 Page 15 of 82 Presentation From Borough Lobbyist Mark Hickey AGENDA ITEM #2.a. 93 7. U.S. Coast Guard Base -- Kodiak: Over the last couple of years, approximately $275 94 million has been provided to USCG Base -- Kodiak for infrastructure projects, including 95 housing and shoreside infrastructure, to be ready for homeporting the two new each 96 Offshore Patrol and Fast Response Cutters. This is very good news for the Base and 97 Kodiak, and we appreciate the Delegation's steadfast support for these projects and cutter 98 homeporting in Kodiak. The Borough is also very interested in Kodiak being a homeport 99 for a new Polar Security Cutter(s) — the Coast Guard's next generation icebreaker -- but 100 we recognize that water depth in Womens Bay cannot support such a deep draft vessel. 101 The Borough supports other locations for a possible icebreaker including an effort by the 102 City to seek Army Corps of Engineers construction of a breakwater and future deep draft 103 dock off Near Island. We urge the Delegation to support that project and be an advocate 104 for Kodiak as a future homeport for a PSC(s). Lastly, the Senate version of the FY 2024 105 National Defense Authorization Act included a provision that would have included the 106 Coast Guard in the Defense Community Infrastructure Program, thus making local 107 infrastructure projects like renovating our elementary school eligible for DCIP funding, but 108 unfortunately the provision was dropped from the final bill. We urge the Delegation to 109 revive the effort for FY 2025. 110 111 8. Payment -In -Lieu -of -Taxes (PILT): PILT is a very important revenue source to the 112 Borough, given that there are over 2.8 million acres removed by the Federal Government 113 from local taxation within our boundaries. This is land that would otherwise be available 114 to the private sector to develop, creating jobs for the residents of Kodiak and our rural 115 Kodiak Island communities. PILT funds supplement Borough resources to provide basic 116 social services, including medical facilities, emergency fire and rescue services, roads, 117 and schools to our island communities. The pending FY 2024 appropriations bills provide 118 full funding for PILT. We thank the Delegation for its long-standing support for PILT and 119 urge continued support for full funding in the FY 2025 appropriations process. 120 121 9. National Wildlife Refuge Fund ("Refuge Revenue Sharing"): While not as significant 122 as PILT, the National Wildlife Refuge Fund is a critical source of replacement revenue to 123 communities like ours that have the presence of a large Federal wildlife refuge within their 124 boundaries. The Obama, Trump and Biden Administrations have all sought to terminate 125 appropriations for the Fund but thankfully Congress has rejected these requests, including 126 level funding for the Fund in the pending FY 2024 appropriations bills. The Kodiak Island 127 Borough opposes the termination of appropriations for this important program. The 128 Borough thanks the Delegation for its on -going support and seeks continued level funding 129 in FY 2025. 130 131 10. Essential Air Service (EAS): The Borough's communities are highly reliant on the EAS 132 program, its support to air carriers and its requirements for island community service. FAA 133 programs including EAS are due to be reauthorized in this Congress. In 2023, an 134 amendment to terminate EAS funding was offered on the House floor and fortunately was 135 defeated by a large bipartisan margin. Congressional critics of EAS cite the program as a 136 "wasteful corporate subsidy" to the profitable major airlines but overlook the program's 137 support for air routes that are served by smaller carriers or the fact without the EAS 138 subsidy, the major airlines would either terminate service, reduce it, or raise fares. FAA Resolution FY2024-14 Page 3 of 4 Page 16 of 82 Presentation From Borough Lobbyist Mark Hickey AGENDA ITEM #2.a. 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 programs including EAS have been extended for a short-term basis while Congress deliberates a long-term reauthorization. We urge the Delegation to continue to oppose efforts to cut EAS funding and support FAA reauthorization legislation that extends the program. 11. U.S. Military Arctic Presence: The Borough appreciates the Delegation's sustained effort at urging and directing the Department of Defense to further examine the Arctic's strategic interest to the U.S. Russia and China continue to aggressively push their security interests in the region as evidenced over the last two years by the joint convoys of their military vessels that entered the U.S. EEZ in the Bering Sea. As has been included in our past Resolutions, selection of Kodiak as a potential military base or staging area as the U.S. expands its security presence in the Arctic is a long-term goal for the Borough. We understand this is a multi -year effort, but the Borough urges that Kodiak stay under consideration with the Delegation and Department of Defense for future Arctic security investment. BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: the Kodiak Island Borough administration is hereby instructed to advise Congress and the appropriate agencies of the United States Federal Government of the Capital Improvement Program and other Federal program priorities adopted by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS EIGHTEENTH DAY OF JANUARY, 2024 KODIAK ISLAND BOROUGH ATTEST. S� 0 Scutt Amdt, Mayor Nova M. Javier, MMC Borough Clerk VOTES: Ayes: Ames, Griffin, LeDoux, Smiley, Turner, & Whiteside Absent: Sharratt Resolution FY2024-14 Page 4 of 4 Page 17 of 82 Presentation From Borough Lobbyist Mark Hickey AGENDA ITEM #2.b. V,. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 14, 2024 ASSEMBLY WORK SESSION SUBJECT: Update On The Hydrology And Hydraulics Study ORIGINATOR: Chris French, CDD Director RECOMMENDATION: DISCUSSION: On October 2, 2024, the Assembly authorized the manager to approve Contract No. FY2025- 25, Kodiak Island Borough Advanced Assistance Hydrology and Hydraulics Study with River Focus, Inc. This work is funded by the advanced assistance hazard mitigation grant from FEMA through the Alaska Division of Homeland Security and Emergency Management. The grant award is $99,540, and the River Focus contract is $97,679. The contract with River Focus, Inc. was executed on October 4, 2024. The contract term is in line with the grant award timeline which requires completion of the study by November 15, 2025. Staff conducted a kick-off meeting with River Focus, Inc. staff on October 16, 2024. Staff from River Focus, Inc. conducted a site visit from November 5, 2024, through November 7, 2024. This work included a topographic and stream survey. In addition to survey work, River Focus staff conducted a rapid river corridor inspection of the streams. This work will include the use of a drone to assist in completing the topographic survey of the streams. River Focus staff met with residents of the area impacted by the stream flooding. The next steps in the study include completion of the flood mitigation analysis, hydrologic analysis, sea level rise analysis, hydraulic analysis, flood mitigation alternatives analysis, and benefit -cost analysis of potential mitigation projects. Once this work is completed River Focus will complete their report and will make presentations to borough staff and the public. ALTERNATIVES: FISCAL IMPACT: The Assembly accepted the grant award and authorized the manager to sign the grant award document on April 4, 2024. The grant award is $99,540 and the selected contract is for $97,679. The contract was executed on October 4, 2024. OTHER INFORMATION: In addition to an update on the study, there are additional issues that have been brought up by residents in the Bells Flats area about erosion near their homes. Kodiak Island Borough Page 18 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. RECEIVED OCT 3 - 2024 522 Leta Street Kodiak Island Borough Finance Department Kodiak, AK 99615 Sept. 16, 2024 To: Kodiak Borough Assembly Dear Borough Assembly, My name is Bernadette Deplazes and I live at 522 Leta Street in Bells Flats. I am writing to ask for your help in addressing the erosion currently occurring on the Russian riverbank near our home. In the latest big storm the river has advanced a great deal and is threatening to erode our property. In the years we have lived here, the erosion has taken at least 100 feet of bank and the buffer that existed between our land and the river has become very thin. I suspect, unless something is done to make things better, the next big storm will put the river onto our property. This is also apt to impact every property downstream from us of which there are about 25 homes. We need help. I have been told that there is a plan in place to stabilize the riverbank but I'm afraid that help will come too late to keep our properties safe. Some emergency action needs to be taken to stop the erosion until a more comprehensive solution can be instituted. I have explored ways in which we might address this problem ourselves but since we don't own the land that is directly affected, we have no "standing" to get a permit to do something, not to mention that the expense is probably more than we can handle. We, not only my husband and I, but many of the people who live up and downstream from us have brought this to the attention of the Borough Assembly on many occasions and have been told that there's "A study" or a "plan" or that the situation is being monitored but to date no meaningful action has been taken. I am beyond frustrated. We could perhaps have taken some action before now if we had "standing" but it's my understanding that only the land owner is able to be permitted. IN my research I have also found that, while there is government money available for municipalities, tribal organizations etc. to help with abatements of this sort, there is none that I could find to help an individual to defray costs. We are at our wit's end and feel as though our hands are tied. Do we really have to wait until our land is washed away before we are even permitted to TRY to do something? My husband and 1 have owned this property for 25 years and this problem has been going on for most of that time. We are nearing retirement and it will be hard to pay for a project of this size in the time we have left to work. I'm sure we cannot sell our property until this is taken care of, yet we pay exorbitant property taxes. In a real estate climate where houses are on the market a matter of days, our neighbors could not even get one offer in 5 or 6 months, and their property, other than the river issue, is a very desirable one. When the Borough sold these lots, surely they had some responsibility to insure that they were fit, and would continue to be fit for the purpose for which they were sold. While I don't claim to know the legal definition of negligence, it would stand to reason that if someone, through their inaction, caused damage to another person's property, that they would bear some responsibility. I don't want to get into litigation over this issue, I don't believe it would really serve anyone, but just waste a lot of time and money and cause everybody a lot of stress. Housing is already in short supply in Kodiak. We need to protect the homes that we have. Please help all of the Page 19 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. families on the Russian River secure our homes. Since the last storm there is a 60-70 foot tree that is teetering on the brink of the riverbank. That tree has been there a long time so this erosion is unprecedented in the last 100 plus years and we probably lost 40 or more feet of bank in the last storm. This needs to be fixed very soon to avoid what, for us, will be a disaster. Thank you for your attention to this matter and I hope we can come to a solution together. Sincerely, Bernadette Deplazes Page 20 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. CONTRACT TRANSMITTAL FORM RETENTION SCHEDULE: CL-09 CONTRACTS Records related to obligations under contracts, leases, and other agreements between the borough and outside parties, successful bids, and proposals. Each department maintains the file while the contract is active. once inactive, retain procurements for another 4 years and retain contracts. leases. or agreements involving real property for another 11 years. DEPARTMENT: Manager's Office CONTACT PERSON: Aimee Williams CONTRACT NO.: FY2025- 2 Lj CONTRACT TITLE: 1+ j dliO I O g RiVei2 roM i T- %C • VENDOR OR SERVICE PROVIDER: Qt V M (=0 C.LIS� T-*q C Administrative contracts are contracts approved by the manager within the spending authority allowed by code. Assembly approved contracts are beyond the manager's spending authority and require approval by the Assembly during a meeting. APPROVED BY: MANAGERO ASSEMBLY O DATE OF APPROVAL: 10/4/24 TYPE OF CONTRACT: Procurement EXTENSION OPTIONS: N/A EXPIRATION DATE: 6/30/25 PURGE DATE FOR PROCUREMENT (Exp. + 4 yrs): June 30, 2029 OR PURGE DATE FOR INVOLVING REAL PROPERTY (Exp. +11 yrs): If there's no expiration date, give the process on how or when this record should be purged or flagged for review. FILL OUT BELOW IF THE RECORD AMENDS. EXTENDS. OR IS A CHANGE ORDER TO A CONTRACT CATEGORY: Select Category APPROVED BY: MANAGER O ASSEMBLY O DATE OF APPROVAL: TYPE OF CONTRACT: Procurement EXTENSION OPTIONS: EXPIRATION DATE: PURGE DATE FOR PROCUREMENT (Exp. + 4 yrs): OR PURGE DATE FOR INVOLVING REAL PROPERTY (Exp. +11 yrs): If there's no expiration date, give the process on how or when this record should be purged or flagged for review. \\dove\borough\CL\U - RECORDS\FORMS\contract transmittal form NJ.docx Rev. 12/23 Page 21 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. Professional Services Agreement with CONTRACTOR For The Kodiak Island Borough Advanced Assistance Hydrology and Hydraulics Study Li o- pCWt>eL This AGREEMENT, made and entered into this JA<day of se nber, 2024 by and between the KODIAK ISLAND BOROUGH, organized under the laws of the State of Alaska, hereinafter referred to as the "Borough" and River Focus, Inc. a corporation authorized to do business in Alaska, with offices located at 4630 Miramonte Street, La Mesa, CA 91941, hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the Borough wishes to enter into a contract with an independent contractor to provide advanced assistance for a hydrology and hydraulics study focusing on Sargent Creek and Russian Creek; and WHEREAS, CONTRACTOR submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS. 1.1 "Agreement" shall mean this Professional Services Agreement, including: the Scope of work in the RFP and Contractor's accepted proposal. 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the Borough in the scope, complexity, character, duration of the services, or other provisions of this Agreement. 1.3 "Borough" shall mean the Kodiak Island Borough, Alaska. 1.4 "Contracting Officer" shall mean Borough Manager and include any successor(s) or authorized representative. 1.5 "Project" shall mean advanced assistance for a hydrology and hydraulics study focusing on Sargent Creek and Russian Creek on behalf of the Kodiak Island Borough. 2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution by both Borough and Contractor. This Agreement shall remain in full force and effect until the Project has been completed and further, until all claims and disputes have been concluded. The work is considered complete when the Borough has received and found acceptable the finished product of all work described in 4.0 Scope of Services or changes thereto. This date is not necessarily the Completion Date as described in 5.0 Completion Date. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. Page 22 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. 3.0 FEES. For study as described in 4.0 Scope of Service, the Borough will compensate the Contractor an amount not to exceed Ninety -Seven Thousand Six Hundred and Seventy -Nine Dollars ($97,679.00). 4.0 SCOPE OF SERVICES. The Borough and Contractor have agreed upon a scope of work described in the Contractor's proposal, Exhibit A, to provide professional services based on approved standards and instructions. This Scope of Services can only be changed in writing pursuant to Section 22.0 of this Agreement. 5.0 SCHEDULE FOR COMPLETION. All deliverables for this project will be completed within 13 months from the date when the Notice to Proceed is received or November 15, 2025, whichever comes first. No project -related work may begin before the start date of the project Period of Performance (POP). No project -related work may continue past the project's POP end date. 6.0 PERSONNEL/ORGANIZATION. 6.1 Borough's Contracting Officer. For purposes of this Agreement, the Borough's contracting officer shall be the Borough Manager or such other person as is designated in writing by the Borough Manager. 6.2 Contractor Qualified. The Contractor expressly represents and warrants it is now and shall continue to be at all times during the performance of this Agreement, the holder of all required or necessary professional, business or other licenses or permits and is qualified and capable of performing all of the work covered or called for by this Agreement and is presently ready, able and willing to undertake and perform all of such work and services, and to supply all necessary materials and equipment, at the times, and in a non -negligent professional and workmanlike manner, and pursuant to the terms, conditions and provisions, and for the compensation and payments as herein provided. 6.3 Key Personnel. Work and services provided by the Contractor will be performed by: Jake Gusman, P.E. (CA, HI, MT, WA), Darren Bertrand, CFM, Jessica Straub, Jon Viducich, P.E. (CA), Vicki Tripolitis, Sydney Doidge, P.E. (CA), and Haley Erickson, P.E. (CA, WA). 6.4 Changes in Key Personnel. The Contractor shall give the Borough reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the Borough to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the Borough. 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required professional services to complete the project and any additions or changes thereto. The Contractor accepts the relationship of trust and confidence established between it and the Borough by this Agreement. The Contractor covenants with the Borough to furnish its best skill and judgment, and to further the interest of the Borough at all times through efficient business administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder required professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. Page 23 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. Contractor's failure to meet any such deadlines or required performance may adversely imperil other contractual obligations of the Borough. 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, executive orders, safety orders, orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the Borough, or the service which may be in effect now or during performance of the services. Contractor understands that this Agreement, and the work thereunder, is funded by a federal grant and agrees to cooperate with the KIB to comply with the terms of the federal grant. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold harmless the Borough from and against any claim of, or liability for, negligent acts, errors, and omissions of the Contractor under this agreement, including attorney fees and costs. The consultant is not required to indemnify, defend, or hold harmless the Borough for a claim of, or liability for, the independent negligent acts, errors, and omissions of the Borough. If there is a claim of, or liability for, a joint negligent act, error, or omission of the Contractor and the Borough, the indemnification, defense, and hold harmless obligation of the Contractor, and liability of the parties, shall be apportioned on a comparative fault basis. In this provision, "Contractor" and "Borough" include the employees, agents, and contractors who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions of the Borough" means negligence other than in the Borough's selection, administration, monitoring, or controlling of the Contractor, or in approving or accepting the Contractor's work or the Contractor's subcontractors. 11.0 INSURANCE. The Contractor understands that no Borough insurance coverage, including Workers' Compensation, is extended to the Contractor while completing the services described in this Agreement. The Contractor shall carry adequate insurance covering Workers' Compensation, general public liability, automobile, professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement with a limit of no less than $2,000,000 per occurrence. The Contractor shall not commence work under this Agreement or any work on any phase of the Project until the Contractor provides the Borough with certificates of insurance evidencing that all required insurance has been obtained in amounts acceptable to the Borough Finance Director as commercially reasonable for this work. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. Borough is an additional insured thereunder as respects liability arising out of or from the work performed by Contractor of Borough. b. Borough will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c. Insurer waives all rights of subrogation against Borough and its employees or elected officials. d. The insurance coverage is primary to any comparable liability insurance Page 24 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. carried by the Borough. Upon request, Contractor shall permit the Borough to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor and its subcontractors pertaining to this Agreement. The originals of all material prepared or developed by the Contractor or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the Borough when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the Borough hereunder, be delivered to the Borough upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Contractor included in this project will remain property of the Contractor. Copies will be made available to the Borough upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the Borough harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the Borough a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0 SAFETY/PERFORMANCE. The Contractor shall perform the work in a safe and workmanlike manner. The Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage and shall take all other reasonable precautions to protect workers and the public from injury or damage. 16.0 SUSPENSION OR TERMINATION. (a) By Consent. This Agreement may be terminated in whole or in part by the mutual consent of the parties. Such consent shall be in writing. (b) Termination for Cause. This Agreement may be terminated in whole or in part in writing by Borough in the event of failure by Contractor to fulfill any of the terms and conditions of this Agreement upon the giving of not less than five (5) calendar Page 25 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. days prior written notice of intent to terminate in the manner provided in Section 28, hereof. (c) Termination for Convenience of Borough. This Agreement may be terminated in whole or in part in writing by the Borough for Borough's convenience provided the Contractor is given not less than thirty (30) calendar days prior written notice of intent to terminate in the manner provided in Section 28 hereof. (d) In the event termination by the Borough is affected pursuant to (b) above, the Contractor shall not be entitled to receive any further payment until the work is completed, or the Borough elects to not proceed further with the project. Upon completion of the work, or termination of the project in the event the Borough elects to not proceed with the project, the Contractor shall be paid as follows: 1) In the event the costs and expense of taking over, re -advertising and completing the project or the costs of closing out the project if the Borough elects to not proceed with the project (hereinafter referred to as "close out costs"), exceed the remaining unpaid amount of this Agreement, any amount which was otherwise due and unpaid to Contractor at the time of termination shall be applied to such increased costs in taking over, re -advertising and completing the project, (or applied to close out costs) and the remaining amount of such costs, if any, shall be paid by the Contractor to the Borough. 2) In the event said costs and expense of taking over, re -advertising and completing the project, (or close out costs) are less than the total amount which was otherwise due and unpaid to the Contractor at the time of termination, the increased costs of taking over and completing the project (or the close out costs) shall be deducted from the amounts due the Contractor and the balance, if any, paid to the Contractor without interest. (e) Upon receipt of a termination notice pursuant to paragraphs (b), (c), or (d) above, the Contractor shall promptly discontinue all services (unless the notice directs otherwise), and deliver or otherwise make available to the Borough all data, drawings, notes, specifications, reports, estimates, summaries, work in progress, and any and all other information and/or materials as may have been accumulated by the Contractor in performing this Agreement, whether completed or in process, and free and clear of any mechanics or other liens or claims in favor of Contractor or any other person. (f) Upon termination pursuant to paragraphs (b), (c), or (d) above, the Borough may, but shall not be required to, take over the work and prosecute the same to completion by agreement with another person or otherwise, may elect to complete the work itself, or to not proceed further with the work and project. The contractor shall be entitled to pay for work performed prior to termination. Unless termination is for convenience of the Borough under paragraph c above, the payment shall be subject to adjustments in paragraph d above. (g) If, after termination by the Borough pursuant to (b) above, it is determined that the Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Borough. In such event, adjustment of the Page 26 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. amounts to be paid to Contractor for termination shall be made as provided in paragraph (f) of this Section. (h) No other damages, whether for lost profits or otherwise, other than the amounts allowed and computed as provided for in this Section 16.0 shall be due or payable to Contractor in the event of termination. 17.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 18.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 19.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the performance of the work under this Agreement and shall not be an employee or agent of the Borough. 20.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state, and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 21.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 22.0 CHANGES IN SCOPE OF WORK. 22.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Contractor do any work or furnish any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and/or omissions by the Contractor, will be done at the sole expense of the Contractor. 22.2 Changes in Scope of Work. The Borough or its representative may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work with the permission of FEMA following the borough's submission, and agency's approval of, a Change of Scope request. Such a request will also need to be approved by the Alaska Department of Homeland Security & Emergency Management. The approval of such a request could result in the authorization of additional work outside the scope of work. 22.3 Compensation to the Contractor. If any Change Order for which compensation is Page 27 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: 22.3.1 in the estimated cost or completion schedule, or both; 22.3.2 in the amount of fee to be paid; and 22.3.3 in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 22.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the Borough or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. 23. LIMITATION OF FUNDS. 23.1 At no time will any provision of this Agreement make the Borough or its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the Borough Assembly and obligated for expenditure for purposes of this Agreement. 23.2 Change orders issued pursuant to Section 22 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 23.3 Nothing in this Section shall affect the right of the Borough under Section 16 to terminate this Agreement. 24.0 FEDERAL CONTRACT PROVISIONS. For the purposes of this Agreement, CONTRACTOR must adhere to all federal regulations and contracting provisions including, but not limited to: the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352), Debarment and Suspension rules (Executive Orders 12549 and 12689), and the Clean Air Act (42 U.S.C. 7401-7671 q.). 25.0 CONFLICTS OF INTEREST. Per § 200.318 of the Code of Federal Regulations the Kodiak Island Borough shall maintain written standards of conduct covering conflicts of interest and goveming the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non -Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, the Kodiak Island Borough may Page 28 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Kodiak Island Borough. 26.0 FISCAL REQUIREMENTS - CONTRACTUAL. Per FEMA regulations, CONTRACTOR is subject to the same policies, procedures, conditions, and certifications as the sub - recipient (the BOROUGH). CONTRACTOR is required to retain all documents and records pertaining to this project for three (3) years following the BOROUGH'S submission of the final expenditure report in accordance with 2 CFR sections 200.333. 27.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the Borough or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. 28.0 NOTICES. 28.1 Any notice, demand, request, consent, approval, or other communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail at the address set forth below. Either party may change its address by notifying the other party of its change of address in writing. Notice shall be deemed to have been duly made and given when delivered if served personally, or upon the expiration of twenty-four (24) hours after the time of mailing if mailed as provided in this Section. Kodiak Island Borough River Focus, Inc. Attn: Borough Manager Attn: Jake Gusman, P.E. 710 Mill Bay Road, Room 125 4630 Miramonte Street Kodiak, Alaska 99615 La Mesa, Ca 91941 28.2 The performance and administration of this program and this Agreement will be monitored by the Borough and such other agencies as may be required or authorized pursuant to the terms of any grant to the Borough. Necessary reports, in proper form, will be required as a prerequisite to any payment to the Contractor. 28.3 All project records shall be maintained by the Contractor for not less than three (3) years after completion and final acceptance of all work by the Borough and shall be subject to inspection and copying by the Borough or any funding agency during said period. 29.0 Successors and Assigns. Except as otherwise provided herein, the covenants, agreements and obligations herein contained shall extend to bind and inure to the benefit not only of the parties hereto but their respective personal representatives, heirs, successors and assigns. 30.0 Miscellaneous. (a) Terminology. Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. Page 29 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. (b) Law Applicable. The laws of the State of Alaska shall govern the construction, validity, performance and enforcement of this Agreement. Venue as to any action, claim, or proceeding arising out of, or based upon this Agreement, including, but not limited to, any action for declaratory or injunctive relief, shall be the appropriate Court sitting in the City of Kodiak, Third Judicial District, Alaska. (c) Paragraph Headings. The headings of the several sections and subsections contained herein are for convenience only and do not define, limit or construe the contents of such sections and subsections. (d) Terms Construed as Covenants and Conditions. Every term and each provision of this Agreement performable by Contractor shall be construed to be both a covenant and a condition. (e) Time of the Essence. Time is of the essence of each term, condition, covenant and provision of this Agreement. (f) Severability. In the event any provision of this Agreement is adjudicated or held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. (g) Nonwaiver. No delay or omission of the right to exercise any power by either party shall impair any such right or power, or be construed as a waiver of any default or as acquiescence therein. One or more waivers of any covenant, term or condition of this Agreement by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party to any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. 31.0 Entire Agreement. This Agreement and any schedules, appendices or exhibits attached hereto sets forth all the covenants, promises, agreements, conditions and understandings between the parties hereto, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than as herein set forth. Except as herein otherwise expressly provided, no contemporaneous or subsequent agreement, understanding, alteration, amendment, change or addition to this Agreement, or any schedule, appendix, exhibit or attachment thereto shall be binding upon the parties hereto unless reduced to writing and signed by both parties. This Agreement constitutes a final, complete, and exclusive statement of the agreement between the parties. IN WITNESS WHEREOF, the parties have executed this Agreement. KODIAK ISLAND `�`"�BOROUGH RIVER FOCUS, INC. Signed: �' """'a'�I� Signed: ^ •, By: Aimee Williams By: Jake Gusman, P.E. Title: Borough Manager Title: President Page 30 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. Date: Q ts- 4, � 2� ATT T: _ Nova Javier Borough Clerk (Borough seal) Date: September 16, 2024 Page 31 of 82 Update On The Hydrology And Hydraulics Study Exhibit A Russian Creek 712612024, downstream side of the bridge. Sargent ( reek 112612024, upstream main channel. Russian Creek 712612024, mouth at Womens Bay. Russian Creek 712612024, upstream side of the bridge. Sargent Creek 712612024, downstream side of the bridge. Sargent Creek 712612024, mouth at Womens Boy. AGENDA ITEM #2.b. Water Resources Engineering www.riverfocus.com Hydrology and Hydraulics Bridge Scour Analysis RIVER FOCUS Stream Restoration WATER RESOURCE CONSULTANTS 1. Letter of Interest August 2, 2024 Kodiak Island Borough Attn: Chris French, Community Development Director Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 RE: Request for Proposal (RFP) — Kodiak Island Borough Hydrology Study — Russian Creek and Sargent Creek in Womens Bay, Kodiak, AK Dear Kodiak Island Borough Committee, We are excited to submit our proposal in response to the RFP for the Kodiak Island Borough (KIB) Hydrology Study of Russian Creek and Sargent Creek in Womens Bay, Kodiak, AK. We are grateful for the opportunity to provide Hydraulics/Hydrology Services. River Focus will bring a wealth of local knowledge and hydrologic and hydraulic experience. The experience at River Focus makes the team qualified and capable of conducting a sea level rise (SLR) and flood mitigation analysis of Womens Bay. Contact Information Jake Gusman, P.E. (WA, CA, MT, HI) River Focus, Inc. 4630 Miramonte St La Mesa, CA 91941 (619) 457-3119 jgusmon@riverfocus.com Our corporate office, is , located at 4630 Miramonte St., La Mesa, CA 91941. Our team is comprised of skilled individuals working remotely from across the United States, with one hydraulic engineer in Alaska who has experience working in these watersheds. Qualifications and Capabilities River Focus is a consulting firm specializing in water resources engineering, is a certified Minority Business Enterprise (MBE), and holds an Alaska Business License. Our principals, Jake Gusman, P.E., and Darren Bertrand, CFM, bring over 45 years of combined experience in water resources engineering, with a proven track record undertaking a wide range of hydrologic and hydraulic studies. We have successfully performed numerous hydraulic modeling and scour studies for new bridge projects, bridge replacement projects, and scour critical bridges. Other areas of expertise include 2-D hydraulic modeling and floodplain mapping, FEMA flood map revisions, fluvial geomorphology, Page 33 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. sediment/debris flow, streambank protection, drainage and stormwater design, stream restoration, fish passage, and levee and dam failure modeling. River Focus has a dedicated staff of 17 experienced water resources engineers and scientists, each committed to delivering high -quality work products that consistently meet project deadlines while staying within budget. We pride ourselves on providing excellent technical analysis, robust computer modeling, and clearly written reports, all while maintaining a high level of responsiveness to client needs. We combine proven hydrologic and hydraulic modeling programs and methods, applicable design guidance, cutting -edge hydraulic research, and sound engineering judgment to provide results that are both innovative and dependable. Detailed Hydrologic Modeling and Statistical Analyses A hydraulic analysis is only as good as the hydrologic analysis driving it —even the most detailed 2- D model will yield inaccurate results given a poor input hydrograph. This can lead to additional costs to the design if the predicted hydrology is too high, or worse, can lead to failure of the design if the predicted hydrology is too low. River Focus has significant expertise in the development of hydrologic models using HEC-HMS. Jake Gusman, P.E., (Project Director) worked for the US Army Corps of Engineers Hydraulic Engineering Center (HEC) as part of the HEC-HMS development team and has over 2S years of experience using HMS. The following describes our technical capabilities in hydrologic, and hydraulic analyses: Hydrology Our team excels in conducting detailed hydrologic studies, specializing in: • Developing hydrologic models using advanced tools such as the US Army Corps of Engineers' HEC-HMS (Hydrologic Modeling System) • Analyzing stream gage data using HEC-SSP (Statistical Software Package). • Utilizing radar -rainfall data when rainfall gage data is insufficient for model calibration, ensuring comprehensive storm event analysis. • Collaborating closely with local, state, and federal agencies to meet regulatory requirements. Hydraulic Modeling The River Focus team brings a wealth of knowledge to the analysis of streams, rivers, and watersheds, from developing complex 2-D hydraulic models of waterways to comprehensive hydrologic analyses to scour countermeasures. Whatever the specific project requires, we will be able to efficiently provide a superior product using the most up-to-date software and research available. Our capabilities include: Page 34 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. • Utilizing advanced modeling tools such as HEC-RAS (River Analysis System) to perform 1-D and 2-D hydraulic modeling. • Conducting flood -risk and mitigation studies, sediment transport analysis, and stream bank protection design. • Offering expertise in developing custom macro -enabled hydraulic engineering spreadsheets, streamlining bridge scour calculations and countermeasure designs. • Complying with Federal Highway Administration (FHWA) guidelines and standards in all hydraulic modeling projects. Use of Drones to Assess Project Conditions and Hydraulic Properties The River Focus team can provide in-house drone services by FAA -certified drone pilots to gain a fuller perspective of the stream channel, assessing hydraulic conditions as well as the presence of drift, channel instability, and lateral migration. In difficult -to -reach areas or where there are site access issues these vital hydraulic characteristics might otherwise be overlooked. Experience River Focus brings extensive expertise in hydrology, hydraulics, and scour analysis gained from a diverse portfolio of projects across the Western US and Hawaii. Some recent relevant projects are highlighted below. River Focus has performed sea -level rise analysis for similar projects, such as Los Penasquitos Lagoon (see project bio below). The team is well versed in coastal bridge assessments, which includes estimating hydraulic roughness and other hydraulic parameters, analyzing expected flow patterns, and determining overall project site conditions that will affect the hydraulic model development and refinement. River Focus has conducted hydrologic analysis, hydraulic modeling, and bridge scour evaluations for the Hawaii Department of Transportation (HDOT), assessing 63 state and county -owned bridges and their contributing watersheds. River Focus has also performed hydraulic and scour evaluations for 10 bridge replacements on the National Trails Highway in San Bernardino County. Throughout our projects, we adhere to industry best practices, following FHWA guidelines and state regulations. Our proven track record and comprehensive approach make River Focus a trusted consultant for hydrologic, hydraulic, and scour analyses. The team has in-house experience working in these watersheds. Jess Straub, Habitat Restoration Engineer at River Focus, has served as assistant project manager and on -site engineering support for projects throughout KIB and within Womens Bay watershed, as part of her previous employment. Page 35 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. Ms. Straub has experience as a designer and/or project manager for nine stream restoration and fish passage projects near the RFP location: • Lake Orbin Inlet Fish Passage Culvert Replacement Project - 2020 • Lake Catherine Inlet Fish Passage Culvert Replacement Project - 2020 • USCG Magazine Area Fish Passage Culvert Replacement Projects (3 sites) - 2020 • Nemetz at Lake Louise Outlet Bridge Removal and Stream Restoration Project - 2021 • Battery Creek Trib at Anton Larsen Bay Fish Passage Culvert Replacement Project - 2021 • Lake Orbin Outlet Fish Passage Culvert Replacement Project - 2022 • Burton Ranch — Kodiak Cattle Co. Fish Passage Culvert Replacement Project - 2022-2023 On July 26, 2024, Ms. Straub was present at the project site. She conducted a visual assessment and captured photos to aid in the preparation of this proposal. Compliance and Transparency River Focus shall comply with all KIB, Alaska State, and Federal requirements. All work shall be performed in compliance with the terms of the DHS and FEMA grant. River Focus has a long history of abiding to FEMA H&H standards and will apply those standards to this project. Additionally, we acknowledge the importance of transparency and shall disclose any financial, business, or other relationships that may influence the outcome of the contract or construction of the project. We have no current or past clients with a financial interest in this contract. Thank you for considering us for this exciting opportunity. We look forward to working with the KIB on this important project. Should you have any questions or require additional information, please do not hesitate to contact me at (619) 457-3119 orjgusman@riverfocus.com. Sincerely, A. Jake Gusman, P.E. President River Focus, Inc. Page 36 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. Project Understanding and Approach Womens Bay: Impacts of Russian Creek and Sargent Creek Womens Bay is a unique and ecologically important region characterized by complex hydrology, featuring a network of rivers, streams, and the surrounding ocean. The area is in the Bells Flat region, where a portion of the Kodiak Island Borough community resides. Current land uses throughout the area include residential, commercial, and publicly owned and managed land. Various factors, including precipitation, snowmelt, and the interplay between freshwater sources with the adjacent ocean, shape the hydrology of the region. Discharge patterns, the physical structure of the channels, riparian zones, water quality, and the presence of barriers (downstream bridges at the highway) to connectivity all contribute to the overall ecological and hydrological state of the area. Womens Bay is defined by rugged mountain ridges that rise to over 3,000 feet in elevation. The headwaters of Russian Creek and Sargent Creek are each found in valleys with steep, narrow sides. Several other steep tributaries along the mountainside join the main channels of Russian Creek and Sargent Creek. Lower in the valley, the transfer and depositional zone of this system becomes less steep and broadens out. Valleys are "Ll" shaped with low -relief topography and high connectivity to the floodplain. Within this valley area, both systems contain several lakes at various altitudes as well as tidal and nontidal wetlands. At the mouth of Russian Creek and Sargent Creek, a dynamic and complex river delta is observed. The highway with a bridge on each main channel of the creek, acts as a physical barrier, impeding flow, floodplain connectivity, natural alignment adjustments, and sediment migration. On June 9th, 2024, Sargent Creek flooded surrounding landowners' land with over a foot of swift water. River Focus recognizes the limited data available in the Womens Bay watershed and the constraints of working within the project's available funds. To complete the study and meet KIB's objectives and goals, a discussion on project extents will be made at the project start to determine whether the project study will focus on the Bells Flats region or the entire watershed of Russian Creek and Sargent Creek. This discussion will include consideration of the topographic data required to complete a quality study, as well as evaluating the project's needs versus the budget. Flood Contamination Kodiak Island experiences an average annual rainfall of 67 inches. Womens Bay receives some precipitation from its alpine, steep mountainous region. The combined nature of the river delta and a high precipitation mountainous region leads to a flashy system, with Womens Bay experiencing numerous floods a year. Womens Bay land use is mixed with residential, commercial, and public land with a majority of the developed land use occurring in the lower regions of Russian Creek and Sargent Creek. There are commercial businesses of note in the floodplain, active excavation sites, and three scrap lots. Russian Creek and Sargent Creek are multi -threaded channels with high connectivity to the floodplain and low terrace. Both creeks can swell rapidly, overflowing their banks and inundating Page 37 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. the surrounding land. Russian Creek and Sargent Creek could inundate commercial areas and pull contaminants into the systems. Proposed Bridge Replacement Projects The H&H report will make preliminary recommendations for proposed alternatives at the crossing of Russian Creek and Sargent Creek. Further investigation and analyses will have to occur to make final recommendations for proposed alternatives and that is outside the scope of this project. The existing crossings of both creeks do not fully span the main channel or provide conveyance of secondary channels. The creeks are in a multi -threaded river delta where the highway creates a need for additional floodplain connectivity to increase flood conveyance. The increase in the span of the main channel bridges and the addition of crossings in the floodplain will increase connectivity and improve flood capacity. Available Data There is currently a lack of information available for Womens Bay. The available terrain data from State of Alaska Division of Geological and Geophysical Surveys is IFSAR DTM Hillshade has 5-meter resolution. The Kodiak 2009 DTM Hillshade ends before the project site. For high confidence in the project modeling and analysis, data must be supplemented with new, higher -resolution topographic data to successfully complete this study. No available stream gage data was found for this system. Two gages are located nearby on the island, but neither appear to be applicable to the project. Onsite flow measurements will be collected to develop the regional hydrology and calibrate the hydrology used in the hydraulic model. Publicly available DTMs the greater Womens Bay region. Page 38 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. TASK 1: Project Management and Meetings River Focus will assign Jess Straub as a project manager. Ms. Straub is familiar with Kodiak, the Womens Bay watershed, and working within the terms of a federal grant. Immediately following notice to proceed, River Focus will conduct a kickoff meeting with KIB and any other project stakeholders. The kickoff meeting will define the project scope, and we will discuss the project background, budget, schedule, general expectations, and the upcoming site visit agenda and goals. River Focus will prepare and hold all six meetings listed below in a virtual setting. Engaging and concise presentations will be provided via PowerPoint for each meeting. After the meeting, presentations will be provided in PDF format for all participants. 1. One Hour Kickoff 2. Check -in with KIB 3. Presentation of findings with KIB 4. A presentation of findings with members of the public S. Public presentation at KIB Assembly meeting 6. Additional presentation at KIB discretion "I+ has beep a pleasure working with Jess (Straub) over the Us+ few years developing until+iple fish passage +raihings; she, is scraper knowledgeable oh +he various +opics surrounding s+rearm crossing si+es." "Peborah }fart, Coordinator for the Southeast {Alaska 'Fish Vabitat Yartviership Ms. Straub and project staff will make themselves readily available to KIB throughout the project duration; she will also be available to present findings at KIB's discretion. TASK 2: Data Collection Desktop Reconnaissance Once the notice to proceed is awarded, River Focus will perform a thorough desktop reconnaissance. The assessment will include but is not limited to the following: Historical Data o Aerial Imagery o Bridge design plans and inspection reports o Flood reports o Local photograph from KIB o AK DOT Historical records/reports o Land ownership 16AWCcrossings of tributaries in the Russian Creek and Watershed Characteristics Sargent Creek system. o Watershed area and potential discharge o Watershed slope and characteristics o Climate and Precipitation Data o Data on streams or similar -sized streams from the project region o Anadromous Waters Catalog reports (16 culverts in project study area) o ID structures/properties immediately adjacent to streams o ID other culverts/bridges along streams Page 39 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. River Focus will coordinate with KIB to confirm desired data and information for the project. River Focus and KIB will assess current available data and areas in which data is lacking, such as higher -resolution topographic data or stream flow measurements. Site Visit: Topographic and Stream Survey River Focus will conduct a rapid river corridor inspection during this visit. The team's inspection will capture eroding banks and floodplains, areas with bank instability, any non -natural sediment sorting, and all potential flood hazards. River Focus will provide and abide by a site safety plan. During the site visit, a full -stream survey will be conducted at both Russian Creek and Sargent Creek bridges. Longitudinal profiles will be collected — 400' upstream and downstream of both bridges and a minimum of three cross sections will be collected upstream and downstream of both bridges. Additional cross -sections will be taken upstream on the creeks outside of the impact area for hydraulic modeling. Once the notice to proceed is awarded, River Focus will discuss the quantity and location of cross sections desired for the hydraulic modeling. River Focus will visit the site with a two -member interdisciplinary team of a surveyor and engineer/hydrologist. This strategy improves logistics and allows the hydrologist to coordinate with the surveyors to ensure adequate data is collected. The engineer/hydrologist and surveyor will complete topographic surveys, geomorphic assessments, hydrology, hydraulics, and geotechnical data collection while on site. River Focus anticipates spending three days on -site for surveys. Horizontal control will be on an assumed local grid or NAD83 (2011) Alaska State Plane Zone 4. Unless the existing control is within 200 yards of the project site, the vertical datum will be taken from a GPS STATIC observation with an OPUS correction converted to MLLW datum. River Focus will set at least two control points along the roadway at each site. Vertical and horizontal survey control will be a minimum of 0.1-foot accuracy. River Focus will verify the relative vertical elevation on control points at each site with a total station or laser level to ensure consistent vertical measurements. River Focus will set additional survey control points to tie into and capture site topography, longitudinal profiles, channel cross sections, eroding bank lines and areas of interest. Once the notice to proceed is awarded, River Focus and KIB can confirm the topographic survey needs and whether current funds will allow for adequate data density to generate 1-foot contour intervals at crossing locations. Menzies Engineering Group will be subcontracted for all necessary supplemental land and stream survey data. Bell's Flats Resident Interviews Prior to the site visit, we will send out flyers to private landowners with a project description and contact information to ensure River Focus receives the input of all willing Bell's Flat residents. During the site visit, River Focus will be available to hear from landowners in the Bell's Flats region. TASK 3: Flood Mitigation Analysis River Focus will perform a detailed hydrologic and hydraulic analysis for Sargent and Russian Creeks under both existing and projected future conditions. From the site reconnaissance findings from Task 2, our team will identify critical areas requiring flood mitigation to alleviate the current safety concerns to life and property within the project area. The analysis will involve developing and evaluating various mitigation alternatives using the future conditions hydraulic model. Each alternative will be assessed for its Page 40 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. effectiveness in reducing flood depth, lateral extent of flooding, and channel migration potential. The impacts of each recommended mitigation measure will be clearly documented and communicated with KIB, incorporating their input throughout the analysis phase. Following completion of a Benefit -Cost Analysis (BCA), we will present a prioritized list of recommended projects. Hydrologic Analysis Using ArcGIS software and the Digital Elevation Model (DEM) from Task 2, River Focus will delineate watershed areas for specified flow locations along Sargent and Russian Creeks. We will confirm that the drainage area values fall within the applicable range for applying the regional regression equations from the USGS Scientific Investigations Report 2016—SO24 (2016) for Alaska and Kodiak Island. We will use the Gibson (2009a) PRISM dataset to obtain mean annual basin precipitation values for estimating peak flow rates. We will estimate peak flow rates for various frequencies (2-, 5-, 10-, 25-, 50-, 100-, 200-, and 500-year events) at the identified flow locations using applicable regional regression equations. During the Task 2 on -site stream survey, the team will collect cross-section and flow measurements to calibrate the regression flows and improve accuracy. Hydrographs for both existing and future conditions will be created, showing the estimated peak flow rates across the frequency range. Sea -Level Rise Analysis Sea -level rise (SLR) is occurring on Kodiak Island and in Womens Bay, causing a significant impact on coastal and estuarine environments. Understanding these changes is crucial for effective flood management and mitigation strategies. River Focus will perform an SLR analysis to assess the potential effects on local hydraulics and flood inundation, including tidal regimes and storm surge patterns. We will obtain tidal information and seal level rise projections from existing datasets, such as NOAA tidal gauges and regional projections. Additionally, we will review tsunami inundation maps for the Kodiak area published by the Alaska Department of Geological and Geophysical Surveys. Hydraulic Analysis Using the latest version of the US Army Corps of Engineers hydraulic modeling software HEC-RAS, River Focus will develop hydraulic models for Sargent and Russian Creeks near Bells Flats area in Kodiak, Alaska. The intent of the modeling effort is to compute the water surface elevations, velocities, stream power, and shear stress under existing and future conditions. We will delineate land using aerial imagery and assign Manning's n values based on observations made during the site reconnaissance and review of aerial Page 41 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. imagery. The DEM developed during Task 2 will be used to create the model terrain, with a 2D mesh developed using break lines and appropriate cell sizes. The hydrographs will be input into the models at their respective locations. River Focus will review available flow and highwater mark data for model validation and calibration, depending on data availability. The hydraulic analysis will incorporate tidal information and SLR data from Womens Bay to define the downstream boundary conditions, where applicable. The modeling results will highlight critical areas susceptible to flooding and channel migration, which will be further refined and discussed with KIB and stakeholders. Flood Mitigation Alternatives Analysis River Focus will develop and evaluate a range of flood mitigation alternatives based on the geomorphic assessment from Task 2 and the hydraulic modeling results. Potential mitigation measures are listed below: • Channel modifications, including restoration of form or process • Modifications within the river corridor • Modification or replacement of culverts and/or bridges (public and private) • Removal or relocation of structures, buildings, walls, and channel encroachments • Floodplain enhancement, restoration, or creation • Flood bench creation • Construction or enhancement of levees, dikes, and berms • Sediment/debris management • Property buy-outs or relocations Each alternative will be assessed for its effectiveness in reducing flood depth, lateral flood extent, and channel migration potential. The results and respective merits of each option will be presented to KIB and stakeholders for review, discussion, and input. River Focus will then provide short- and long-term recommendations for proposed physical and operational improvements, prioritized by their merits and cost -benefits. Each alternative will be evaluated against the following project objectives: • Flood risk reduction • Erosion risk reduction • Habitat improvement • Water quality improvement • Regulatory permitting feasibility • Project constructability • Implementation cost reduction • Future maintenance requirements reduction River Focus understands the potential for bridge replacement funding across Sargent and Russian Creeks. Our study findings will be used to inform the advancement of the bridge replacement project. However, the team also understands that the potential bridge replacement will not influence the evaluation of other mitigation projects or measures as part of this study. We will identify any interrelationships between bridge replacements and recommended mitigation measures. Benefit -Cost Analysis (BCA) River Focus will conduct a BCA for up to ten proposed projects, validating the cost-effectiveness of flood hazard mitigation alternatives. The analysis will consider tax assessment data for estimating property values Page 42 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. and use digital elevation data to estimate first -floor structure elevations. The BCA will determine the benefit -cost ratio (BCR), representing a project's cost-effectiveness. A BCR of 1.0 or greater indicates sufficient benefits to justify the costs, as per FEMA standards. This analysis will support future funding opportunities. River Focus will conduct on -site interviews with borough residents and officials to gather qualitative and quantitative data, supporting our final deliverables. TASK 4: Reporting and Presentations Deliverables: • Draft H&H Report • Final, 100% H&H Report • Public Presentation Hydrologic and Hydraulic Report River Focus will use available desktop data and field investigations to complete H&H analyses for Russian Creek and Sargent Creek in Womens Bay. The H&H report will include: Assessment of Existing site conditions Hydrologic Analyses of Russian Creek and Sargent Creek Hydraulic Analyses of existing conditions of Russian Creek and Sargent Creek :• Sea -Level Rise Analysis Benefit -Cost Analysis Flood Mitigation Alternatives Analysis .• Preliminary mitigation recommendations River Focus will deliver a draft and final H&H report per the schedule outlined later in this report. River Focus will provide KIB within a minimum of two weeks to review and comment on the draft and final H&H report. Presentations Engaging the public in scientific discussions is crucial for fostering understanding and promoting informed decision -making within a community. The River Focus team is excited to engage Womens Bay residents throughout all parts of the process and present the findings in a public setting. Our staff has decades of experience creating presentations and presenting them to the public. River Focus will put together a concise, informative, and engaging presentation that allows residents with varied hydrologic and hydraulic knowledge to fully comprehend the project. River Focus will provide KIB with at least two weeks to review and comment on the presentation. PowerPoint will be utilized for the presentation. The presentation will abide by the written captions and color guidance in Section 508 compliance to supply information equally to residents with disabilities. Page 43 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. 2. Statement of Experience — Subconsultant Menzie's Engineering Group, Inc - Survey Data Collection Menzies Engineering Group, Inc., has served southcentral and southeast Alaska for 16 years with land surveying, structural and civil engineering, and geotechnical investigations services. The firm is located in Ketchikan, Alaska, and has a deep, long -running understanding of conducting watershed surveys and working in island communities in Alaska. Relevant Work Experience: Bridge Abutment and Survey for Culvert Replacement — 2023 Location: Former Whitestone Harbor Logging Camp Site-Hoonah Services Provided: Scot provided an as -built and topographic survey used in the design of bridge abutments for placement of a modular bridge at the site of a culvert that was undersized for fish passage. Three -Mile Creek Stream Survey — 2023 • Location: Klawock, Prince of Wales Island • Services Provided: As -built and topographic survey, including in -stream of Three - Mile Creek, Klawock-Hollis Highway and Klawock Lakes Road The survey data was used design of a new bridge to replace two large culverts and for reestablishing the stream channel under the new bridge. Our survey included the highway and intersecting road horizontal and vertical alignments for use in the design of bridge approaches. Scot worked in the field with a USFWS engineer to survey the stream thalwegs, banks, bars, obstructions, etc. for use in the design of the new stream channel. Forest Service Bridges — 2015-2023 • Location: Prince of Wales Island and Hoonah • Services Provided: Scot provided construction staking in the field for placement of new culverts and bridges for the contractor. Scot provided construction staking services for a number of bridge and culvert projects on the Prince of Wales Island and Hoonah road systems. In some cases, bridge abutment design for modular bridges was included in some of those projects. Klawock Highway Fish Passage Box Culvert — 2013 • Location: Klawock, Prince of Wales Island • Services Provided: Construction staking Scot staked a new precast concrete culvert crossing in the Klawock-Hollis Highway "causeway" in Klawock to allow better circulation of water and fish passage. Page 44 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. 3. Project Staff Below are the project staff bios, project organizational chart, and project staff commitment for our assigned personnel. Resumes are attached in Appendix A. Jake Gusman, PE Vicki Tripolitis Darren Bertrand, CFM Jessica Straub Project Technical Exp( Jon Viducich, PE RIVER FOCUS Haley Erickson, PE Project Director A. Jake Gusman, P.E., D.WRE As Project Director with 25 years of experience, Mr. Gusman will serve as the primary point of contact with Tulare County, maintaining open communication and ensuring client satisfaction. In addition, Jake will provide comprehensive oversight and leadership for the project, including scheduling, ' budgeting, and resource allocation. He will ensure strict adherence to regulatory requirements and industry standards, offering his final engineering stamp of approval for all project deliverables. Project Manager (Habitat Restoration Engineer) Jessica Straub Ms. Straub, a project manager and habitat restoration engineer with River Focus Inc., has studied streams and rivers statewide in Alaska for the last five years. She specializes in surveying, mapping, and analyzing existing and future waterway and floodplain conditions. Jess has six years of experience with AutoCAD and in Civil 3D, four years of experience in project management, and over two years of experience in hydraulic modeling and analysis. Page 45 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. Project Technical Expert (Senior Hydrologist) Darren Bertrand, CFM (Certified Floodplain Manager) As a technical expert and Senior Hydrologist, Mr. Bertrand will be part of the day-to-day technical analysis and modeling related to the hydrologic and s., hydraulic tasks. He will work closely with the entire team including the Project Director and PM to deliver high quality Project Technical Expert (Senior Engineer) 1 Jon Viducich, P.E. (CA) 1 Mr. Viducich will play a pivotal role in the project as Senior Project Engineer, providing his expertise to conduct hydrologic analysis, hydraulic modeling, scour calculations, and scour countermeasure design. He will collaborate closely with the Project Director and PM to move the project forward, to achieve project objectives and deliver high -quality results. Project Technical Expert (QA/QC Lead) Vicki Tripolitis Ms. Tripolitis brings 28 years of combined engineering and ecological expertise to River Focus as a Senior Hydraulic Engineer. With 19 years focused on water resources engineering, she specializes in hydraulic modeling, floodplain studies, and bridge scour analyses and countermeasures. Project Technical Expert (Water Resources Engineer) Haley Erickson, P.E. (WA, CO) Ms. Erickson brings over 7 years of progressive and diverse experience in her roles as an engineering consultant in California, a hydraulic engineer for large design -build construction projects throughout the US, and as a project manager at the regional flood control district serving the Denver metro area in Colorado. Her experience includes GIS analysis, hydrologic & hydraulic analysis and modeling, fish passage design, field investigations, and project management. Page 46 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. Relevant Work Los Pen"asquitos Lagoon Restoration — San Diego County River Focus performed extensive hydraulic and modeling to support the restoration of the Los Penasquitos Lagoon in San Diego s, County, California. The modeling analysis was focused on the development of floodplain enhancement and sediment collection areas, j� vegetated gabion structures, and freshwater channels through the lagoon. Using flood depth, flood inundation extents, and velocities results, the hydraulic modeling was used to evaluate the effectiveness of these design elements with regards to the reduction in flood elevations, and the movement of freshwater flows through the restoration areas within the lagoon. River Focus evaluated multiple sea level rise scenarios in the hydraulic modeling process. River Focus performed extensive sediment transport modeling of the mitigation design features. The sediment transport analysis results were used to estimate the average annual sediment transport to Los Penasquitos Lagoon as well as sediment removal rates of the floodplain enhancement features. The project also includes a FEMA CLOMR Submittal and support for environmental permitting. Contact name: David H, Pohl, Ph.D., P.E., San Diego County Email address and phone #: dhpohl@burnsmcd.com, (706) 497-3318 Tulare County Bridge Preventative Maintenance Program (BPMP) — Tulare County River Focus performed a comprehensive analysis of hydrology, hydraulics, and scour for 24 bridges in Tulare County, addressing observed streambed degradation, pier scour, and abutment scour. Using Bulletin 17C flood -frequency analyses, basin transfer equations, and regional regression equations, we determined design flows and assessed channel capacity. We developed HEC- RAS hydraulic models and computed scour depths following FHWA guidelines. Our analyses included long-term degradation and streambank stability assessments. Scour countermeasures, such as riprap and hydraulic drop structures, were designed for select bridges. Our results were presented clearly and comprehensively, enabling the multi -disciplinary team to confirm the need for the recommended scour countermeasures. Contact name: Sarah Holm, Dokken Engineering Email address and phone #: sarahholm@dokkenensineering.com, (916) 990-3034 Page 47 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. Santa Margarita River — Fish Passage and Bridge Replacement River Focus performed comprehensive hydrologic modeling of the Santa Margarita River watershed using HEC-HMS and completed flood -frequency analyses using HEC-SSP and USGS streamgage data. HEC-RAS 1-D and 2-D hydraulic models were developed for existing and proposed conditions, including a series of proposed bridge alternatives. The 2%, 1%, and 0.2% annual chance exceedance storm events were modeled, and flood inundation boundaries were developed. Proposed conditions 100-year water surface elevations (WSEs) were compared with pre -project conditions to analyze impacts on WSEs due to the bridge. Sediment transport through the project reach and scour at the bridge were also evaluated for each bridge alternative. The scour analysis included an assessment of long-term bed degradation, contraction scour, bend scour, and pier scour. Fish passage was evaluated for the Southern Steelhead for both low and high flow scenarios. The project also included a FEMA CLOMR submittal. Contact name: Sandra Jacobson, Ph.D., California Trout Email address and phone #: sjacobson@caltrout.org. (858) 414-1518 4. References Below are the references from respected colleagues who River Focus has collaborated with or is actively collaborating with. Glenn R. Kuwaye, P.E. I Wilson Okamoto Corporation Shannon McCarty, HDR A E. Ben Meyers Kenai Watershed Forum 1-808-946-2277, genn@wilsonokamoto.com 1-830-302-6808, Shannon.McCarty@hdrinc.com 1-907-232-0280, ben@kenaiwatershed.org 1907 South Beretania Street, Suite 400 Honolulu, Hawaii 96826 3003 Oak Road, Suite 500 Walnut Creek, CA 94597 44129 Sterling Hwy, Soldotna, AK 99669 Page 48 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. 5. Task Time and Cost Estimate Task N Description 1 Project Management and Meetings (a) Kickoff meeting 4 $ 734 (b) Coordination and check in meetings with KIB 8 $ 1,351 (c) Analysis findings meeting with KIB 8 $ 1,351 (d) Presentation to Kodiak Public 6 $ 1,131 (e) Presentation to Kodiak Island Borough Assembly 6 $ 1,131 (f) Additional meetings or presentation for KIB 8 $ 1,351 Subtotal 40 $ 7,049 2 Data Collection (a) Desktop Reconnaissance 16 $ 2,702 (b) On Site Survey 30 $ 4,860 (c) Survey Data Management 30 $ 4,860 Subtotal 76 $ 12,422 3 Flood Mitigation Analysis (a) Perform Hydrologic Calculations 38 $ 6,417 (b) Hydrologic Analysis 38 $ 6,535 (c) Sea -Level Rise Analysis 30 $ 5,184 (d) Hydraulic Analysis 88 S 15,096 (e) Flood Mitigation Analysis 72 $ 12,394 (f) Benefit -Cost Analysis 52 $ 9,017 Subtotal 318 $ 54,643 4 Reporting and Presentations (a) Draft Report 52 5 9,017 (b) Final Report 36 $ 6,314 (c) Presentation development 17 $ 3,164 Subtotal 105 $ 18,495 Total Hours 539 Subtotal - Non -Labor Costs $ 92,609 Subtotal - Labor Costs $ 5,070 Subtotal - Labor and Non -Labor Costs $ 97,679 Project Total Is 97,679 If KIB requests additional high -resolution topography to complete the hydrology study, a quote for LiDAR is provided below. Task If Description Hours Price L1DAR Data Collection (a) Desktop Reconnaissance 16 $ 2,702 (b) LiDAR Data Management 8 $ 1,296 Total Hours 24 Subtotal - Non -Labor Costs $ 3,998 Subtotal - LIDAR Data Collection and Product $ 100,450 Subtotal - Labor Costs $ 9,200 Subtotal - Labor and Non -Labor Costs $ 113,648 $ 113,648 Page 49 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2.b. 6. Proposed Schedule PROPOSED• 1- Project Management Kickoff meeting 09/09/2024 Draft Report Meeting with KIB 03/17/2025 Final Report Meeting with KIB 06/30/2025 Presentation to Kodiak Public 09/2025 Presentation to KIB Assembly 09/2025 2 - Data Collection Desktop Reconnaissance 09/09/2024 Site Visit 11/04/2024 3 - Flood Mitigation Analysis Hydrologic Model/Analysis 12/16/2024 Sea -Level Rise Analysis 01/06/2025 Hydraulic Model/Analysis O1/27/2025 Flood Mitigation Alternatives 02/10/2025 Benefit -Cost Analysis 02/24/2025 4 - Reporting & Presentation Draft H&H Report 03/03/2025 Final Report 06/16/2025 Presentations TBD by KIB River Focus understands this project is a community priority project schedule with 100% final Hydrologic and Hydraulic Analysis for Russian Creek and Sargent Creek in Womens Bay to be completed 13 months from the project being awarded, September 2025. Given our experience with this type of project and familiarity with the region, this timeline is feasible. River Focus has ample professional and physical resources to provide the services required under this contract. We have the flexibility to accommodate changes in the project schedule and scope. All professional and technical personnel are accustomed to handling multiple projects. River Focus is readily available to KIB and its project partners for the project's duration. Update On The Hydrology And Hydraulics Study Page 50 of 82 AGENDA ITEM #2.b. Appendix A Resumes Page 51 of 82 Update On The Hydrology And Hydraulics Study AGENDA ITEM #2. c. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 14, 2024 ASSEMBLY WORK SESSION SUBJECT: Discuss Amendments To KIBC 2.30.070 (M)(3) To Require Assembly Members Who File A Reconsideration To Provide Reasons At The Time Of Filing ORIGINATOR: Bo Whiteside, Assembly Member RECOMMENDATION: For Assembly discussion. DISCUSSION: This proposal was initiated by Assembly member Bo Whiteside and Assembly member Ryan Sharratt. They have asked staff to draft an ordinance to modify KIBC 2.30.070(M), which pertains to reconsiderations by requiring filers to provide the reasons for reconsideration at the time of filing. According to the provisions outlined below, the ordinance must be included on the agenda by December 14, 2024. The requestors retain the right to request to place this on a regular meeting agenda before the deadline or withdraw their request at any time. The Borough Clerk included provisions to ensure that filers must have voted on the prevailing side. If the code requires filers to provide reasons/justifications for reconsideration, it is logical that the filers should be in agreement on the same side. This modification also enhances the clarity of the code, which presently does not specify whether the secondary filer is obligated to have voted on the prevailing side. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 2.30.100 (G)(1) Requests for Staff Assistance, states the following: 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 KIBC 2.30.060(C)(4). KIBC 2.30.060 (C)(4) 4. Agenda items prepared by staff at the request of the mayor or by two or more assembly members under KIBC 2.20.070(C) or 2.30.100(G) shall be scheduled on an agenda within 60 days of the agenda item request being submitted to the clerk, unless the assembly directs that the item appear on a particular meeting agenda. Alaska Statute 29.25.020 (b)(1) (1) an ordinance may be introduced by a member or committee of the governing body, or by Kodiak Island Borough Page 52 of 82 Discuss Amendments To KIBC 2.30.070 (M)(3) To Require Assembly Members W... AGENDA ITEM #2. c. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 14, 2024 ASSEMBLY WORK SESSION the mayor or manager. Kodiak Island Borough Discuss Amendments To KIBC 2.30.070 (M)(3) To Require Assembly Members W Page 53 of 82 AGENDA ITEM #2. c. #22 KODIAK ISLAND BOROUGH ATTACH THE ORDINANCE, RESOLUTION, OR AGENDA ITEM INFORMATION FOR ITEMS THAT ARE READY TO BE PLACED ON THE AGENDA 10/15/24 DATE SUBMITTED: Requestor: Bo Whiteside p Preferred Mtg. Date: 10/31/24 Item Description: Amend code to require Assembly members making the motion to provide reason(s) for reconsideration at the time of filing. KIBC 2.30.070 Ordinances (M)(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 o REQUEST FOR ASSISTANCE STAFF TO PREPARE AN ORDINANCE OR RESOLUTION Requestor 1: Bo Whiteside p Requestor 2. Ryan Sharratt Detailed Description: We would like to request assistance drafting an amendment, as described below: Purpose/intent of amendment: Amend KIBC 2.30.070 Ordinances (M)(3) to require Assembly members making the motion to provide reason(s) for reconsideration at the time of filing. KIBC 2.30.070 Ordinances (M)(3) Two assembly members file with the clerk, not later than 5 p.m. on the first borough businesb LEGAL OPINION REQUEST Requestor 1: Requestor 1: Date when you want the opinion by: Detailed Description: See pertinent code sections on the back. Revised on: 20240607 nj Page 54 of 82 Discuss Amendments To KIBC 2.30.070 (M)(3) To Require Assembly Members W... AGENDA ITEM #2.c. KIBC 2.30.050 (C.3) Agenda items submitted by an assembly member or the mayor without staff assistance, or submitted by the manager, shall be included on the agenda within 60 days. KIBC 2.30.060 (B) Preparation of agenda 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 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. KIBC 2.20.070(C.1) Requests for Staff Assistance. 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). KIBC 230. 100(G. 1) Requests for Staff Assistance. 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). KIBC 2.30.050 (C.4) Agenda items prepared by staff at the request of the mayor or by two or more assembly members under section 2.20.070(C) or 2.30.100(G) shall be scheduled on an agenda within 60 days of the agenda item request being submitted to the clerk, unless the assembly directs that the item appear on a particular meeting agenda. KIBC 2.20.070(C.2) Requests for Legal Opinions. 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 the legal opinion, the clerk's office shall distribute it to all assembly members. KIBC 2.30.100(G.2) Requests for Legal Opinions. 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 the legal opinion, the clerk's office shall distribute it to all assembly members. For staff use: 1 `l Received date: `/ 1�/ �Vg4 60 days deadline: /g11qL2Q2,-q Notes: Provided a copy to the Manager on: /y 11 S / w Scheduled on the meeting agenda of: KIBC 2.30.060 (B) Upon receipt of an agenda item request, the borough clerk shall immediately provide a copy 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 Revised on: 20240607 nj Page 55 of 82 Discuss Amendments To KIBC 2.30.070 (M)(3) To Require Assembly Members W... AGENDA ITEM #2.c. KIBC 2.30.070, Ordinances Page 1 of 1 2.30.070 Ordinances. CLERK'S DRAFT M. 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 of the authorized membership of the assembly to carry; or 3. Two assembly members who have voted on the prevailing side 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. At the time of filing, the filers must provide the reason(s) for reconsideration. The assembly members 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. The Kodiak Island Borough Code is current through Ordinance FY2025-07, passed September 19, 2024. Page 56 of 82 Discuss Amendments To KIBC 2.30.070 (M)(3) To Require Assembly Members W... AGENDA ITEM #2. d. KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 14, 2024 ASSEMBLY WORK SESSION SUBJECT: Discuss KIB Representation On The Alaska Municipal League Board Of Directors And Alaska Municipal League Legislative Committee ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Due to the financial commitment involved, potential representatives should file or express their intent and obtain Assembly approval before declaring a candidacy. DISCUSSION: The Kodiak Island Borough occupies director positions on several boards such as the following: • Cook Inlet Regional Citizens Advisory Council, (Three Year Term: April 2023 to March 2026) - Arndt is currently serving until March 2026 • SWAMC Board Seat — Kodiak Municipal Seat, (New appointee will start after SWAMC March Annual Conference) - Griffin will serve until March 2026 • Prince William Sound Regional Citizens Advisory Council (Two Year Term: May 2024 to May 2026) - Williams is currently serving until May 2026 These positions are subject to reelection or reappointment every two years. The Assembly is responsible for appointing individuals to these seats and ensuring financial support for those appointed. The following are the open seats on the Alaska Municipal Board of Directors, Two- year Terms (2025-2026) 1. Director Seat - Borough 2. Naco Representative (Currently seated: Mayor Arndt, Term expires December 2024) 3. Legislative Committee ALTERNATIVES: FISCAL IMPACT: • The Mayor's Travel Budget for FY2025 is $16,500. This budget assumes that he is reelected to the NACo Seat. NACO travel expenses are partly reimbursed by AML. • The Assembly's Travel Budget for FY2025 is $25,000. OTHER INFORMATION: Kodiak Island Borough Discuss KIB Representation On The Alaska Municipal League Board Of Direc... Page 57 of 82 AGENDA ITEM #2.d. ALASKA • MUNICIPAL o• • �.• LEAGUE 2025 BOARD OF DIRECTORS ' DECLARATION OF CANDIDACY AND FINANCIAL COMMITMENT IIalip ailVal kty MUNICIPALITY MAILING ADDRESS WORK PHONE: HOME/CELL PHONE: I hereby declare myself a candidate for: OPresident OVice President OTreasurer ()Director, District 2 - Kodiak/PWS ()Director, District 4 - Mat -Su () Director, District 6 - North ODirector, District 8 - Yukon ODirector, Mat -Su Borough ()Director - Boroughs ONACo Representative - NACo Member and request my name be placed on the ballot for election at the 2024 Alaska Municipal League 74th Annual Conference. I declare I will serve and participate actively in the designated office and that I will accept the time and financial commitment for the entire term if elected. SIGNATURE OF CANDIDATE DATE MUNICIPAL SUPPORT: to include physical presence at 3 meetings paid for by municipality (Feb., Aug. and Dec.) and one meeting paid for by AML (May). All director seats are two-year terms except as noted above. On behalf of the municipality, I am authorized to commit financial support of the above individual's active participation in the Alaska Municipal League and, if elected, on the AML Board of Directors. AUTHORIZED SIGNA TITLE Must be submitted to the AML office via fax, mail or email by 4:30 p.m. Friday 12/06/24, or submitted by hand no later than 4:00 p.m. Wednesday 12/09/24 at the Annual Conference registration desk. Mail: One Sealaska Plaza, Ste. 302 Fax: (907) 463-5480 OVER Juneau, AK 99801 Email: sarahk@akml.org Page 58 of 82 Discuss KIB Representation On The Alaska Municipal League Board Of Direc... AGENDA ITEM #2.d. AML BOARD OF DIRECTORS Page 2 BIOGRAPHICAL SKETCH FULL NAME OFFICE HELD NO. YRS. PREVIOUS MUNICIPAL OFFICES HELD AND NO. YRS. PREVIOUS EXPERIENCE WITH AML (office held, committee participation, etc.) OTHER RELEVANT EXPERIENCE ALASKA •'• MUNICIPAL •• .• : LEAGUE Page 59 of 82 Discuss KIB Representation On The Alaska Municipal League Board Of Direc... AGENDA ITEM #2.d. 'ALASKA MUNICIPAL • ®• � �; LEAGUE ONE SEALASKA PLAZA, SUITE 200 JUNEAU, ALASKA 99801 TEL (907) 586.1325 • FAX (907) 463-5480 • WWW.AKML.ORG Member of the National League of Cities and the National A ciotwn of Counties Alaska Municipal League — Code of Ethics and Conflict of Interest Application and Purpose This Code of Ethics and Conflict of Interest Policy (hereinafter "Ethics Code") applies to members of the Alaska Municipal League ("AML") Board of Directors ("Directors"). It is intended to be broadly construed and should not be interpreted as an exhaustive policy. The purpose of this Code of Ethics is to encourage high ethical standards and practices, establish guidelines for ethical standards for Directors, and serve as a basis for enforcing said standards, practices, and guidelines. Definitions Solely for the purpose of this code of ethics: a. `Adverse Action' means an action adverse to AML includes, but is not limited to, an action negatively impacting AML assets, administration or operations, or its compliance with any state or federal law or regulation, or an action that does or could reasonably be foreseen to subject AML to a legal challenge or that is or could reasonably be foreseen to be harmful to AML's reputation. b. `Conflict of Interest' includes a situation in which it is reasonably foreseeable that a Director (or a member of the Director's immediate family or the municipality they represent) would or expects to benefit from or be harmed personally or financially from an action taken by the Board; however, a conflict of interest would not include matters that have a similar general impact on substantially all AML members, such as a change in the membership dues structure, or a matter in which the Director has only a remote interest. c. `Decision' means any formal action taken by the AML board. d. `Director' means a member of the AML Board of Directors. e. `Employee' means any person who is a full-time or part-time employee of AML. The term also means any individual providing services to AML as an independent contractor, or any individual employed by or working as an independent contractor for an entity providing services to AML. f. `Immediate family' means spouse, parents, grandparents, children and grandchildren, brothers and sisters, mother-in-law and father-in-law, brothers-in- law and sisters-in-law, daughters-in-law, sons-in-law, and adopted, half and step members. Domestic partners and their relations as described above are also considered immediate family. g. `Reasonably foreseeable' means a result or event that can be reasonably anticipated or expected and is more than hypothetical or theoretical. h. `Remote interest' means an interest of a person or entity, including a Director, which would be affected in the same way as the general public. III. General Adopted July 1, 2024 Page 60 of 82 Discuss KIB Representation On The Alaska Municipal League Board Of Direc... AGENDA ITEM #2.d. a. Confidentiality. Directors shall maintain the confidentiality of information pertaining to employees, participants, beneficiaries, dependents, investments and other non-public information, except as required by law. b. Presentation of Potential Projects and Service Providers. To ensure potential projects and service providers are thoroughly researched, appropriate and free of conflicts of interest, potential projects or service providers to be considered by the Board will be presented solely by the Executive Director or his or her designee, for consideration by the Board. In the event a Director is approached by service providers or other individuals with potential service opportunities, such Director shall promptly refer the matter to the Executive Director or his or her designee. IV. Conflicts of Interest a. Disclosure and Recusal. If a Director has a conflict of interest, the Director shall disclose the nature of the conflict to the AML Board and shall recuse him or herself from participating in any related discussion, vote or action. b. Outside Organizations i. In General. AML Directors often serve on outside boards, committees and other organizations (hereinafter "outside organizations"). However, service on an outside organization that a reasonable person would view as likely to result in a conflict of interest with AML should be avoided. The municipality that a Director represents as an elected or appointed officer or employee, and programs and organizations operated or administered by AML are not considered outside organizations. ii. Actions Adverse to AML. If an outside organization on which a Director serves is contemplating a vote or other action that is adverse to AML, the Director shall recuse him or herself from participating in that vote or action and shall report the facts and circumstances of the vote or action to the AML Board; provided, however: the facts and circumstances of matters that the outside organization deems confidential shall not be reported to the AML Board, unless they are subject to the Alaska Open Records Act or otherwise become publicly available. V. Appearance of Impropriety a. In General. Directors shall at all times meet the highest ethical standards. Directors shall make every reasonable effort to avoid even the appearance of impropriety or improper influence. b. Social Media. There are no specific limitations on Directors with regard to their use of social media. However, Directors shall make every reasonable effort to consider how their communications over social media, including photographs and comments or captions thereto, may be interpreted by third parties. c. Gifts and Honoraria. There are no specific limitations on a Director's ability to receive gifts or honoraria. However, Directors shall make every reasonable effort to consider how their receipt of a gift or honoraria, taking into consideration the frequency, cost and source of the gift or honoraria, may be interpreted by the source Page 61 of 82 Discuss KIB Representation On The Alaska Municipal League Board Of Direc... AGENDA ITEM #2.d. of the gift or honoraria and by third parties. d. AML Name and Logo. No Director shall utilize the AML name or logo for the purpose of endorsing any business or for any purpose not specifically authorized by the AML Executive Director or his or her designee. VI. The Workplace a. Demeanor. Directors shall create and maintain an atmosphere that encourages candid, collegial and productive discussions. Directors shall act with courtesy and mutual respect toward each other, AML employees, service providers, and other individuals working or partnering with AML. b. Discrimination and Harassment. Federal and Alaska laws prohibit discrimination in hiring and employment on the basis of race, color, religion, sex (including pregnancy), national origin, age (40 and older), disability and genetic information. Harassment, including the creation and maintenance of a hostile work environment, is a form of discrimination. Any Director whose actions are the subject of a complaint may face limits on Board participation until such time as an investigation has been concluded and any appropriate corrective action taken. c. Reporting. Complaints alleging discrimination or harassment should be made to the President or Vice President, if from the board, or Executive Director or the employee's immediate supervisor, if by staff. Such complaints will be investigated promptly and confidentially by AML in accordance with AML's policies and procedures for such investigations. An investigation will be confidential to the extent allowed by law. d. Staff and Resources. Directors shall not direct staff to engage in research or other activities, or use resources, unless it is for a Board -authorized project and staff engagement is approved by the Executive Director, or relates to the provision of usual and customary services to the municipality for which the Director is employed or serves as an elected official. VII. Violations of Ethics Code If the Board determines that a Director has failed to comply with the Ethics Code, the Board shall take disciplinary or corrective action, up to, and including dismissal from the Board or referral to legal counsel, as appropriate. VIII. Periodic Training and Review Members of the Board of Directors of AML shall participate in training related to the provisions of the Ethics Code on an annual basis. The entire Ethics Code shall be subject to review at least once every five (5) years. Applicability: Members agree to abide by these terms as part of the condition of their application to the board of directors. Page 62 of 82 Discuss KIB Representation On The Alaska Municipal League Board Of Direc... AGENDA ITEM #2.d. Whistleblower Policy General Code of Ethics and Conduct ("Code") requires directors, officers and employees to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As employees and representatives of AML, we must practice honesty and integrity in fulfilling our responsibilities and comply with all applicable laws and regulations. Reporting Responsibility It is the responsibility of all directors, officers and employees to comply with the Code and to report violations or suspected violations in accordance with this Whistleblower Policy. No Retaliation No director, officer or employee who in good faith reports a violation of the Code shall suffer harassment, retaliation or adverse employment consequence. An employee who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including termination of employment. This Whistleblower Policy is intended to encourage and enable employees and others to raise serious concerns within AML prior to seeking resolution outside AML. Reporting Violations The Code addresses AML's open door policy and suggests that employees share their questions, concerns, suggestions or complaints with someone who can address them properly. In most cases, an employee's supervisor is in the best position to address an area of concern. However, if you are not comfortable speaking with your supervisor or you are not satisfied with your supervisor's response, you are encouraged to speak with someone in the Human Resources Department or anyone in management whom you are comfortable in approaching. Supervisors and managers are required to report suspected violations of the Code of Conduct to AML's Compliance Officer, who has specific and exclusive responsibility to investigate all reported violations. For suspected fraud, or when you are not satisfied or uncomfortable with following AML's open door policy, individuals should contact AML's Compliance Officer directly. Compliance Officer AML's Compliance Officer is responsible for investigating and resolving all reported complaints and allegations concerning violations of the Code and, at his discretion, shall advise the Executive Director and/or the audit committee. The Compliance Officer has direct access to the audit committee of the board of directors and is required to report to the audit committee at least annually on compliance activity. AML's Compliance Officer is the chair of the audit committee. Accounting and Auditing Matters The audit committee of the board of directors shall address all reported concerns or complaints regarding corporate accounting practices, internal controls or auditing. The Compliance Officer shall immediately notify the audit committee of any such complaint Page 63 of 82 Discuss KIB Representation On The Alaska Municipal League Board Of Direc... AGENDA ITEM #2.d. and work with the committee until the matter is resolved. Acting in Good Faith Anyone filing a complaint concerning a violation or suspected violation of the Code must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation of the Code. Any allegations that prove not to be substantiated and which prove to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense. Confidentiality Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation. Handling of Reported Violations The Compliance Officer will notify the sender and acknowledge receipt of the reported violation or suspected violation within five business days. All reports will be promptly investigated and appropriate corrective action will be taken if warranted by the investigation. Code of Conduct The recent state of business scandals has focused attention on the importance of well developed and communicated code of conduct in promoting a culture of honesty and ethical behavior and deterring unethical business activity. To be effective, a code of conduct must be well communicated to, and understood by, those expected to adhere to it. The code of conduct should be presented to Agency personnel and conduct periodic training sessions to ensure that they remain aware of the code and understand its implications for their behavior. AML is committed to the highest possible ethical standards and we encourage everyone associated with our Organization to commit to acting in the best interest of AML and its mission. Our mission demands that we, Board and Committee Members, staff and volunteers, as stewards of our mission, uphold the public trust and act in an ethical manner in all that we do in the name of our Organization. These ethical values include integrity, openness, honesty, accountability, fairness, respect and responsibility. These values are the basis of our Code of Conduct and commitment to act in a manner befitting AML and mission. As a public charity, we rely on the public for funding and volunteer support, which is critical to the success of our mission? The public trusts us to carry out our stated mission and to act in the best interest of AML. If we abuse the public trust, our ability to fulfill our mission is severely weakened. Therefore, it is critical that we operate in a manner that is above reproach in all aspects, including governance, fundraising, mission operations, legal matters and human resources. As a public charity we are committed to: • Acting responsibly and with integrity; • Following not just the letter of the law, but the spirit of the law as well; Page 64 of 82 Discuss KIB Representation On The Alaska Municipal League Board Of Direc... AGENDA ITEM #2.d. • Promoting financial accountability, transparency, and best governance practices; oRespecting the wide variety of people who support our mission through donations of their time, talent and money; • Being responsible stewards of our Organization, its mission, reputation and resources; • Being open and honest in all of our dealings with both internal and external audiences. This Code of Conduct applies to all staff members, the Board of Directors and Committee Members, and volunteers. Accountability and Responsibility All staff, Board and Committee members, and volunteers will: • Be open and honest with colleagues, stakeholders, volunteers, donors, and all others involved in AML; • Abide by the by-laws and policies of AML; • Take responsibility for their actions, and care in their dealings as representatives of our Organization; • Exercise best governance and accounting practices and procedures; • Use the resources of AML in a responsible and wise manner; • Promote financial transparency while working to fulfill the mission of AML. • All who serve in a position of authority over AML will: • Place AML above other interests, financial or otherwise; • Act in the best interest of AML; • Disclose any actual or perceived conflict of interest. Professional Excellence All members of our staff, Board, Committees and all volunteers will: • Act in a responsible, ethical manner that promotes openness, fairness and integrity; • Treat people with dignity and respect; • Work together to achieve our mission to the best of our ability. AML is an equal opportunity employer and does not discriminate on the basis of race, color, religion, gender, or national origin. We value the diversity of all people. Name Date 6 Page 65 of 82 Discuss KIB Representation On The Alaska Municipal League Board Of Direc... AGENDA ITEM #2.d. • A LA S KA 2025 Legislative Committee MUNICIPAL Application Form • •'. LEAGUE I would like to apply for a seat on the Alaska Municipal League Legislative Committee. I understand that Committee membership is limited to elected officials or municipal employees of AML member communities. I also understand and accept the time commitment required for active participation - in addition to the three meetings each year (described below), there will be weekly calls during the legislative session, and regular email communication. FULL NAME MUNICIPALITY DISTRICT POSITION CELL WORK E-MAIL AREAS OF EXPERTISE OR INTEREST: SIGNATURE OF APPLICANT DATE Participation in the Legislative Committee does not indicate formal support for or opposition to a policy on behalf of the municipality, but provides input into AML's advocacy, positions, and strategy. MUNICIPAL SUPPORT: On behalf of the municipality, I am authorized to commit financial support of the above individual's active participation in the Alaska Municipal League Legislative Committee, to include physical presence at 3 meetings paid for by municipality. The Committee will meet during the Legislative Meeting in February in Juneau, the Summer Conference in August, and the Annual Conference in December in Anchorage. AUTHORIZED TITLE DATE Must be submitted to the AML office by 4:30 p.m. Friday 12/06/2024 or submitted by hand no later than 4:00 p.m. Wednesday 12/09/2024 at the Annual Conference registration desk. Mail: One Sealaska Plaza, Suite 302, Juneau, AK 99801 Email: sarahk(Dakml.org Page 66 of 82 Discuss KIB Representation On The Alaska Municipal League Board Of Direc... Cn Cn Cn 7 CD 70 U) tD 73 O 73 O S O D_ tv fn 77 Sv C 73 n� Sv r tU C� C O W O Sv S? 0 Q CD C� Mayor's Budget for FY2025 (Mayor's seat on the AML Board expires December 2024. This budget assumes that he is reelected to the NACO Seat. * AML related travel Account# 100-100-450.301 Mayor's requested budget is $16,500 Date Routine Travel - Purpose Location Registration Airfare Lodging Misc Subtotal Per Diem Total AML Reimburse ment July 12-15, 2024 NACo Annual Conference & Exposition Hillsborougl 600.00 1,203.60 1,125.69 115.00 $ 3,044.29 352.00 3,396.29 2,350.05 September 24-26, 2024 *SouthEast Alaska Municipal Conference Annual Meetii Ketchikan 330.00 664.10 411.70 50.00 $ 1,455.80 332.50 1,788.30 December 9-13, 2024 AML Annual Local Government Conference Anchorage, 600.00 254.14 845.00 37.16 $ 1,736.30 697.50 2,433.80 February 21-24, 2025 *NACo Legislative Conference & Federal Lobbying DC 575.00 1,186.40 1,275.45 45.38 $ 3,082.23 592.50 3,674.73 2,350.06 May 2025 NACo Western Insterstate Region Conference ? 475.00 986.60 725.001 50.00 $ 2,236.60 435.001 2,671.60 2,350.00 August 2025 AML Summer Legislative Conference ? 1 250.00 796.20 1,376.16 40.00 $ 2,462.36 558.00 3,020.36 February 2025 AML Winter Legislative Conference Juneau, AK 200.00 709.70 1,089.84 47.46 $ 2,047.00 531.00 2,578.00 April 2025 *AML Board of Directors Retreat Anchorage 306.20 231.34 $ 537.54 174.00 711.54 534.34 March 2025 SWAMC Economic Summit Anchorage, 330.00 282.20 310.00 40.30 $ 962.50 362.50 1,325.00 2024-2025 Travel to the Villages Karluk 390.00 200.00 $ 590.00 247.50 837.50 2024-2025 Travel to the Villages Akhiok 390.00 100.00 $ 490.00 163.50 653.50 2024-2025 Travel to the Villages Larsen Bay 330.00 $ 330.00 330.00 2024-2025 IlLavel to the Villages Old Harbor 300.00 $ 300.00 300.00 2024-2025 Travel to the Villages Ou zinkie 172.00 $ 172.00 172.00 2024-2025 Travel to the Villages Port Lions 172.001 1 1 $ 172.00 1 1 172.00 Total Travel 19,618.62 4,446.00 24,064.62 7,584.34 New conference added Less AML Reimbursement 7,584.34 Total Travel + Per Diem - AML Reimbursement 16,480.28 Mayor's Budget for FY2025 (Budget assuming the Mayor is NOT REELECTED AS NACO REP on the AML Board. This budget will eliminate NACO in DC and WIR Conference Account# 100-100-450.301 Date Routine Travel - Purpose Location Registration Airfare Lodging Misc Subtotal Per Diem Total AMIL Reimburse ment July 12-15, 2024 NACo Annual Conference & Exposition Hillsborougi 600.00 1,203.60 1,125.69 115.00 $ 3,044.29 352.00 3,396.29 2,350.00 September 24-26, 2024 SouthEast Conference Annual Meeting Ketchikan 330.00 664.10 411.70 50.00 $ 1,455.80 332.50 1,788.30 December 9-13, 2024 AML Annual Local Government Conference Anchorage, 600.00 254.14 845.00 37.16 $ 1,736.30 697.50 2,433.80 February 2025 Federal Lobbying DC 1,186.40 1,275.45 45.38 $ 2,507.23 592.50 3,099.73 February 2025 AML Winter Legislative Conference Juneau, AKI 200.00 709.70 1,089.84 47.461 2,047.00 1 531.00 2,578.00 March 2025 SWAMC Economic Summit Anchorage, 330.00 282.20 310.00 40.30 $ 962.50 362.50 1,325.00 August 2025 AML Summer Legislative Conference ? 250.00 796.20 1,376.16 40.00 $ 2,462.36 558.00 3,020.36 2024-2025 Travel to the Villages Karluk 390.00 200.00 $ 590.00 247.50 837.50 2024-2025 Travel to the Villages Akhiok 390.00 100.00 $ 490.00 163.50 653.50 2024-2025 Travel to the Villages Larsen Bay 330.00 $ 330.00 330.00 2024-2025 Travel to the Villages Old Harbor 300.00 $ 300.00 300.00 2024-2025 IlLayel to the Villages Ouzinkie 172.00 $ 172.00 172.00 2024-2025 Travel to the Villages Port Lions 172.001 $ 172.00 172.00 Total Travel 16,269.48 3,837.00 20,106.48 2,350.00 Less AML Reimbursement 2,350.00 Total Travel + Per Diem - AML Reimbursemenl 17,756.48 KIBC 2.20.070 (13)(6) For travel other than annual routinely scheduled conferences or meetings, the mayor shall bring any travel requests, prior to travel, to a regular assembly meeting or work session for concurrence of the assembly, stating the date, place, length of travel, projected cost, and purpose of the trip. If there is no regular assembly meeting or work session before the planned trip, the mayor shall request the clerk to poll the entire assembly for approval by a majority of the assembly. a. Following completion of travel, the mayor shall give an oral report, stating accomplishments and knowledge gained from the trip as well as the actual expensens of the trip. NOTE: Listed above will be considered annual routinely scheduled conferences or meetings per KIBC 2.30.100 (F)(6)) 6,346.33 NACO & WII 24,102.81 Assembly's Budget for FY2025 (Listed below will be considered annual routinely scheduled conferences or meetings per KIBC 2.30.100 (F)(6)) Account# 100-100-450-300 Budget $ 25,000.00 Date TA# Traveller Purpose Location Registration Airfare Lodging Misc Sub -Total Per Diem TOTAL August 13-15 All 7 2024 AML Summer Legislative Conference Kodiak 1,050.00 $ 1,050.00 1,050.00 December 8-13 2024 AML Annual Legislative Conference Anchorage, AK 350.00 263.43 596.00 100.00 $ 1,309.43 652.50 1,961.93 (4 attendees) 2024 AML Annual Legislative Conference 350.00 263.43 596.00 100.00 $ 1,309.43 652.50 1,961.93 2024 AML Annual Legislative Conference 350.00 263.43 596.00 100.00 $ 1,309.43 652.50 1,961.93 2024 AML Annual Legislative Conference 350.00 263.43 596.00 100.00 $ 1,309.43 652.50 1,961.93 (2 newly elected Officials) NEO Conference 350.00 263.43 596.00 100.00 $ 1,309.43 652.50 1,961.93 NEO Conference 350.00 263.43 596.00 100.00 $ 1,309.43 652.50 1,961.93 SWAMC Conference SWAMC Economic Summit Anchorage, AK 330.00 282.20 310.00 40.30 $ 962.50 362.50 1,325.00 (3 attendees) SWAMC Economic Summit Anchorage, AK 330.00 282.20 310.00 40.30 $ 962.50 362.50 1,325.00 SWAMC Economic Summit Anchorage, AK 330.00 282.20 310.00 40.30 $ 962.50 362.50 1,325.00 February-25 AML Winter Legislative Conference Juneau, AK 200.00 709.70 1,089.84 47.46 $ 2,047.00 531.00 2,578.00 (2 attendees) AML Winter Legislative Conference Juneau, AK 200.00 709.70 1,089.84 47.46 $ 2,047.00 531.00 2,578.00 Travel $ 11,794.08 5,002.50 16,796.58 Left over amount can be used for Juneau/DC Lobbying, additional travellers, or travel to the villages. Available 8,203.42 KIBC 2.30.100 (F)(6) For travel other than annual routinely scheduled conferences or meetings, assembly members shall bring any travel requests, prior to travel, to a regular assembly meeting or work session for concurrence of the assembly, stating the date, place, length of travel, projected cost, and purpose of trip. If there is no regular assembly meeting or work session before the planned trip, the assembly member shall request the clerk to poll the entire assembly for approval by a majority of the assembly. a. Following completion of travel, the assembly member shall given an oral report stating accomplishments and knowledge gained from the trip as well as the actual expenses of the trip. v CD 00 0 00 N Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 TO: Kodiak Island Borough Assembly FROM: Aimee Williams, Borough Manager RE: Manager's Report, November 14, 2024 Manager's Department Short Term Rentals — • Met with the Acting City Manager and Acting Deputy City Manager to find out how the City of Kodiak tracks short term rentals. • They currently have fifty-eight inside of the city limits that have signed up for business licenses. • We will continue collaborating so that when this topic comes up at the next joint work session, we will have all of the background research work completed. AMLJIA / APEI Merger — The AMLJIA membership meeting took place this morning and the motion to merge with APEI passed unanimously. The target date for the merger is July 1, 2025. Emergency Management Training — On Friday, November 8th, I finished the coursework and post -assessment for K2302: Emergency Operations Center Leaders Skillset Course. Current Priorities — • RFP Templates • Service District Contracts starting FY26 • Project Priorities for Summer 2025 Alaska Supreme Court Case — Oral arguments are scheduled during the first week of December. Assessing Department Director and Manager are scheduled to be present for both the KIB and Nome Supreme Court oral arguments. AML Annual Conference — • Registration is now open for the December 11 th — 13th conference. Page 69 of 82 Current Recruitments — • Associate Planner • Appraiser Tech Community Development Kodiak Island Borough Planning & Zoning Commission The Planning & Zoning Commission held a work session on November 13, 2024. The work session focused on training and a review of definition issues in Title 17 related to older adult uses and pet -related uses. The Commission also reviewed the packet for the November 20, 2024, regular meeting and discussed the proposed changes to Chapter 17.205 KIBC. Kodiak Fisheries Adaption Plan On November 12, 2024, a meeting was held at the Kodiak Fisheries Research Center for the Kodiak Fisheries Adaption Plan, funded by NOAA. The plan focuses on the adaption of the Kodiak Fishery to changes in climate and impacts on ecosystems. This meeting focused on a visioning process for the plan, which looks forward to 2050. More information on this planning effort can be found at https://aoan.aoos.org/fisheries- adaptation-plan/. Similar efforts are taking place in Sitka and Prince William Sound. Assessing - Field Work — Assessing staff are finishing up in -person field inspections in Monashka, Bells Flats, Chiniak, and Pasagshak. Properties seen as of November 13, 2024 — 1030 (92% Complete) Senior Citizen / Disable Veteran exemptions — One applicant remain to be determined by the PFD and will be processed when the information becomes available. Village travel dates for SC/DV exemptions: • Akhiok, Karluk, & Larsen Bay - Nov. 18, (Back up Nov. 19) • Old Harbor — Nov. 21 (Back up- Jan. 7) • Ouzinkie — Nov. 22 (Back up- Jan. 8) • Port Lions — Nov. 25 (Back up- Jan. 9) There are no seats available for the original dates. Seema will let the Assembly know if they have to use a backup date and there are seats available on the alternate date. Exemptions — • One new exemption application was processed and sent out 10/10/24. They have appealed to the Assembly sitting as the Board of Equalization on November 21, 2024. Page 70 of 82 Position Opportunities — • Assessing has an opening for an Appraiser Tech Tyler Conversion — Assessing continues to run queries for cleanup and is preparing for file transfer. Apex Sketch software is being downloaded onto computers by IT. Assessing will have to redraw all sketches. Engineering and Facilities Architectural and Engineering Services RFP — Architectural Review Board (ARB) has met and reviewed the submissions. An agenda item has been created to provide the information to the assembly and the ARB recommendation for award consideration. Borough Office Lift Station Issues - The Borough Building sewage pump replacement has been completed to a functional level. All restroom facilities are functional. Insulation of the space will be required due to the noise produced by the new pumps and check valves. A file will be created to document the installed components and detail the updated configuration. Borough Building Boiler Installation — RSA Mechanical Engineer prepared punch list has been provided to the contractor. No response has been received by staff to date associated with the required work. KFRC • Staff is waiting for GSA revised contract amount for required water testing. The due date for sampling and receipt of data will be extended to reflect the delay. The KIB will not procure needed supplies until competed paperwork is received. • Additional electrical circuits have been priced for GSA consideration to accommodate additional chillers for NOAA. Project to be funded on the next fiscal year's budget. • Fume hood job was reported as complete. Site inspection with the mechanical engineer has yielded several deficiencies. No redlines or completion paperwork have been provided. A punch list has been provided to the contractor. • GSA representative has responded to the request of the KIB for cost sharing associated with the saltwater discharge from the facility. The determination has been made that neither GSA or NOAA will participate with sharing cost of the replacement systems. Staff is coordinating with divers to perform needed pigging of the saltwater intake lines. Page 71 of 82 Landfill — • Staff is continuing to investigate the Compliance Order by Consent (COBC) associated with the storm water violations. A sampling well project for monitoring well installation is being prepared. • Baler building concrete floor contractor is working at the site. Several slab layers have been discovered during demolition. Multiple layers are being removed due to the discovery of a poorly consolidated concrete level. No cuts or penetrations of the original structural slab have been observed. Contractor has been told not to disturb the structural slab. Anticipate a concrete pour on 11/20/2024. • Baler Facility remains closed. Baler rebuild is near completion. Hydraulics will be worked on during the shutdown sequence. Completion of the baler rebuild will occur prior to the cure time for the concrete floor. Strapper consultant is anticipated to be on site in November. A dumpster has been provided for residential customers that bring waste to the Landfill. Commercial hauler will be loose filling at the current landfill operating face. • A focus on repair and maintenance of the electric fence has resulted in a dramatic reduction of bear activity inside the landfill boundaries. Leachate Treatment Plant — • New pumps for the pretreatment have been installed and the plant is being readied for startup and testing. Initial setup is indicating the originally installed variable frequency drives (VFD's) will need to be upsized for 3 horsepower motors to meet the original design discharge requirements. Adjustments to the operational software will be required. Metal flashing is being installed over the exposed seismic joint. Final portions of the snow stop will be installed. • A new process pump will be ordered to replace leaking original pump in the plant. Pricing is being compared. • Staff and contractor are investigating the excess water accumulating in the septic tank. KIBSD — Peterson School Roof — On October 29th, due to the sustained high wind event, several sections of flashing failed on the front face of the facility. Friend Contractors responded to our report of damage. A discussion will be held specific to the required repairs associated with the warranty. A site visit has been conducted on 10/30 to further investigate the failure of the roof manufacturer's recommended installation method. KIB staff is awaiting further information from the contractor. • Discussions will begin to develop a joint project list with the district. List will be based on documentable required repairs and maintenance. Snow Removal and Ice Control — A request for quotes was put out and quotes were due in by 2PM today. There were two contractors that put in bids. The winning contractor will be notified tomorrow. 4 Page 72 of 82 KIB Facilities Snow and Ice Control contract was withdrawn and will be rewritten using our new RFP template. Finance Department Property Taxes — For those that made a timely first half payment, the remaining half payment is due tomorrow, November 15t". If you intend on mailing your payment instead of delivering to the Borough offices, please get the enveloped hand -cancelled tomorrow by post office personnel staff. FY2024 Audit — Staff is working on the Managements Discussion & Analysis and Statistical sections. Property Assessment and Taxation Implementation Project — The regularly scheduled meetings staff has with the Tyler Implementation team have been cancelled for November and December due to staffing shortages during the holidays. Tyler staff is continuing to work on the assessing portion of mapping and test environment and the project is currently on schedule and 21 % complete. Assessing staff is continuing to work on data cleanup and verification. Go -live date is expected to be June 25, 2025. Staffing — An offer was made and accepted the Fiscal Analyst position. The new staff member will begin December 2"d Information Technology Policy Development - 1. IT Network documentation development. 2. Disaster Recovery Policy development 3. GIS documentation development PACS Migration — IT is assisting with the PACS migration — working with Assessing on exporting sketch information from PACS to Apex Sketch Security - 1. Security Audit — a. Project timeline: i. Client Assistance Responses Due — Friday, September 27th - Completed. ii. Fieldwork - Offsite — Monday, October 7 — Friday, November 8th i. Completed iii. Draft Management Report — Friday, November 15th i. IT has preliminary copy of draft report and are reviewing it. Page 73 of 82 iv. Remediation Roadmap — TBD 2. IT is testing LAPS which is a password security technology to manage local administrator passwords. 3. The IT department is developing an approval workflow in our helpdesk software to streamline and document the process for approving user access requests, including the creation and modification of user accounts, email access, and other IT -related permissions. Hardware - 1. Working with E&F at the LTP to upgrade their Rockwell Automation SCADA monitoring pc equipment. 1. SCADA display has arrived. IT will migrate and upgrade the SCADA operating system and hardware. 2. IT is applying asset tags to our IT assets. 3. Installation of the ew cooling system in IT Datacenter has begun Network 1. Working on switch configuration backup and configuration repository. Software — 1. Laserfiche: a. IT is working with the Deputy Clerk: i. Date formats and data field updates. ii. Record schedule updates for all departments. iii. Workflow creation and updating existing workflows. iv. Training of KIB staff on using Laserfiche. b. IT is working on requested changes to Laserfiche Metadata in our test systems to ensure continuity . 2. Microsoft System Center Operations Manager (SCOM) a. IT is testing an endpoint monitoring software solution to be proactive with identifying issues with our servers and workstations. 3. IT is working with Long Technologies - HVAC contractor to install and upgrade our HVAC systems at KFRC and KIB buildings. Server platform has been deployed, and Long is now installing and configuring the software remotely. GIS - 1. Working with Assessing on incorrect acreage information in our database. 2. Working on migrating on premise map imagery to the ESRI cloud, which would reduce KIB on premise requirements for hosting online KIB maps. 3. Property ID reviews ongoing, roughly 179 of 7800 remaining. Bayside Fire Department Page 74 of 82 Personnel Activity / Professional Development / Training — • Cold weather is slowly arriving in Kodiak and the BFD has turned support activities indoors. Work is ongoing in the "shops" to create new and challenging training props including those designed to maintain proficiency with new turnout gear fitted with firefighter safety bailout kits. • BFD & Kodiak FD cohosted a State of Alaska Fire Marshals Office Fire and Emergency Services Instructor Course this past week with 13 members between the two Fire Departments and one fire fighter from the Mainland attending. Members spent 5 days completing course work and projects and culminating with day six of written and practical evaluations. • Members have past the mid -point in the Firefighter I course and are preparing for mid-term testing and evaluating. Work will continue and culminate with final evaluations and state / national accreditation training in late winter and early spring. Campus Upgrades and Maintenance — • Work will begin on the drill ground to install reacclimated fencing to ensure safety and security. This will not impede or impact the Borough Dumpster Transfer station operations at all. The work continues to enhance our state accredited drill grounds to support Firefighting, Hazardous Materials, and Technical Rescue training. A reminder not to dump trash or equipment on the grounds nor to take any items including attempting to reacclimate parts off of training vehicles. • Our Wednesday Support members Aahron and Eric work very hard to keep the grounds clean and free of trash, help them by making sure all items make it into the dumpsters or the landfill as appropriate. Thank you! Stuff to Just Make You Happy — BFD was proud to celebrate honor our nation's veterans this November 11th, and we highlighted the 11 members of the department who served our nation in the Military, including 3 who are still active duty with 2 currently on deployments. Thank you to all our veterans!!! Reminders for Budget Discussions for FY26 1. Non-profit use of opioid settlement funds 2. Accommodations tax —Breakdown / Amount in Fund / Regulations about using those funds 3. Consideration of adding more to the junk vehicle removal line item Page 75 of 82 AGENDA ITEM #5.a. ELECTIONS UPDATE ✓ We had a busy and a successful election. For the general election, we had 888 voters come in and voted absentee. RECORDS UPDATE ✓ We will be presenting you a contracts destruction list on November 21. ✓ We fulfilled one records request and we have one pending which is a pretty extensive request. ASSEMBLY AGENDA ITEM REQUESTS ✓ See tracking spreadsheet attached. FY2025 BUDGETS AS OF OCTOBER 31, 2024 ✓ Legislative Budget — FY2025 at 33% ✓ Clerk's Office Budget — FY2025 at 33% LEAVE —Please keep me in the loop if you are planning to take time off so we can predetermine quorum for upcoming meetings. Reporting Absences KI BC 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 CLERK OR THE MAYOR of the contemplated absence. BOARD APPLICATIONS ✓ Notice of Vacancies - Applications are being accepted for the following Board, Committee, and Commission seats that are currently vacant: Boards, Committees, and Commissions o Architectural and Engineering Review Board/Building Code Board of Appeals - 1 Seat o Citizens Board of Equalization -1 Alternate Seat o Kodiak Fisheries Development Association - Borough Appointees - Crab Harvester - 1 Seat o Parks and Recreation Committee - 1 Seat o Solid Waste Advisory Board - 1 At -Large Seat and 1 Retail Business Representative Seat Service Area Boards o Bayview Service Area Board - 2 Seats o Monashka Bay Road Service Area - 3 Seats o Fire Protection Area No. 1 Board - 1 Seat o Woodland Acres Streetlight Service Area Board - 3 Seats o Womens Bay Service Area Board - 1 Seat Page 1 of 4 Page 76 of 82 AGENDA ITEM #5.a. STAFF TRAINING ✓ Quarterly Safety Training for Borough Employees ✓ December 7-11, Alaska Association of Municipal Clerks Conference Attendees: Clerk, Deputy Clerk, and Assistant Clerk MISCELLANEOUS ✓ We have received an appeal from the Alutiiq Heritage Board of Equalization to review this appeal. Please be contact. ✓ Liquor Licenses o B&B Renewal o Island Hotels — transfer of location Foundation. You will seat as the Borough careful not to expose yourself to exparte o Sixteen (16) liquor licenses are being reviewed as they enter biennial license period. Once we are done with our investigation, we will present those that the Borough may need to lodge a protest for the continued operation of a license. ✓ Clerk working with the attorney on revising the liquor licenses ordinance. The deadline to reapply for the different Borough boards and committees seats is November 15. 1 would like to encourage all incumbents to reapply. ✓ Borough Offices will be closed November 28-29 for the Thanksgiving Holiday UPCOMING MEETINGS ✓ November 14, Work Session ✓ November 14, Special Meeting ✓ November 21, Regular Meeting ✓ December 17, Work Session ✓ December 19, Regular Meeting PLEASE ADVISE ASAP IF YOU WISH TO TRAVEL TO THE ANNUAL AML CONFERENCE IN DECEMBER. Page 2 Of 4 Page 77 of 82 AGENDA ITEM #5.a. MISCELLANEOUS EVENTS/CALENDAR Dates Events Location 2024 December 5-6 CIRCAC Advisory Council Board Meeting Anchorage December 9-13 Annual AML Local Government Conference Anchorage 2025 - January 23-24 Prince William Sound RCAC Board Meeting Anchorage February 18-20 2026 AML Winter Legislative Conference Juneau February 2025 Federal Lobbying For Assembly Discussion March 1-4 2025 NACo Legislative Conference Washington, D.C. March 2025 Southwest Alaska Municipal Conference Anchorage April 2025 AML Spring Conference Anchorage May 1-2 Prince William Sound RCAC Board Meeting Valdez May 21-23 NACo WIR Conference Rapid City, S.D. Jul 11-14 2025 NACo Annual Conference & Exposition Philadelphia, PA September 18- 19 AML Summer Board meeting Cordova Page 3 of 4 Page 78 of 82 AGENDA ITEM #5.a. SOURCE: lurassicparlia ment.com Councilmember badgers the staff May 8, 2024 / Ann Macfarlane / Comments Off Dear Dinosaur: One of our councilmembers puts question after question after question to the staff at meetings. Sometimes our meetings are five hours long! What can be done about this? Answer: This certainly can be a problem! We suggest that you discuss the matter with the council chair, mayor, and/or city manager, and see if they would support establishing a policy. If they are in favor, then you can propose a policy to the council as a whole. Here is some suggested language: 'if anyone can get us out of our rut, it's Ole Dinosaur hero.- CanStock Photo -and evvgen- In order to make the best use of Council time at meetings, Councilmembers are requested to send their questions about details of agenda items to the City Manager as soon as possible after receipt of the agenda packet. The City Manager will endeavor to prepare responses before the meeting when time permits, and will share any responses via email with all Councilmembers. At meetings, Councilmembers may put additional questions on a given agenda item to the staff. The total time allotted to each Councilmember for questions and answers on a given topic will be 10 minutes. Dear Dinosaur provides simple, practical answers to questions about Robert's Rules and parliamentary procedure. Send your questions to Dear Dinosaur here. Our answers are based st constitutes Page 79 of 82 v co 0 0 00 N AGENDA ITEM REQUEST FORMS TRACKING LIST No. Description/Requestor Requested by Submitted 60 day Completed on Comments on deadline 3 Opening Borough Owned Lands To Sharratt 07120123 NA 04111124 ws ill continue to come up as Auction/Lands Discussion a discussion 5 Limiting Airb&B Rentals As Long -Term Sharratt 08110123 N/A 2129124 ws Discussed on 02/29/2024 Housing Solutions PENDING: Assembly discussed ADU 11114124 ws on 10131124, side discussion was on how they should discuss on how proceed with AirB&Bs/short term rentals 6 Transfer Stations & Requirements For Sharratt 2129124 NA 2129124 ws SWAB should take a look at Recycling this. Make it current and bring back recommendation 7 Land Enhancement To Local Buyers Sharratt 08117123 N/A 10 Service Area Maintenance & Snow Griffin 08/21/23 NA 11107124 rm Not presenting contract to Removal Contracts Assembly. Staff will take a different direct. 13 Proposed Code Revisions To KIBC Sharratt 02101124 N/A 02108124 ws Direction given to defer this 2.125.030 And KIBC 2.125.040 to the ARB/Emailed to E&F Architectural/Engineering Review Board on 02109124, Follow-up email sent on 10131124 ws 14 Investment Strategy Griffin 06106124 Waived 09112124 I ll continue to come up as Preferred Meeting Date: 09112124 PENDING: a discussion. 12117124 ws 17 Liquor License Code Revision Arndt/Sharratt 06125124 Waived PENDING: Ordinance drafted by by Mayor Schedule in Attorney. 2025 21 Real And Personal Property Code Turner/Ames 09/19/24 11108124 10131124 ws Dave Johnson will present Change, KIBC 3.35.030 A.6 new ideas. Get this scheduled again at another work session. NA— requests were submitted before the adoption of new code which established a 60-day deadline 22 Amend Code To Require Whiteside/Sharratt 10115124 12114124 PENDING: Reconsideration Filers To Provide 11114124 ws Reasons At The Time Of Filing COMPLETED No. Description/Requestor Requested by Submitted 60 day Completed on Comments on deadline 1 Debate Time Limits Tumer 07/20/23 NA 12/21/23 Ordinance adopted and then 01104124 vetoed 01/18124 by the Mayor 2 KIBC 3.35.030(D) Waiver May Only Be Turner 07/20/23 Granted ForA Year 4 Change Of Agenda — Citizens Turner 08/03/23 NA 12121123 Per Mayor— leave format Comments — In Room/On Phone as -is 8 Hospital Facilities Re airAnd Renewal Griffin 08/21/23 NA 2129124 9 Manager's Spending Authority Griffin 08/21/23 NA 01/18124 rm Ordinance No. FY2024-13 Adopted Adopted —Amt. changed from 25K to 50K 11 Remove Development Of CIP From P&Z Smiley 10119123 NA 12 Discussion Of Changing The Transient Sharrat/Whiteside 11/09/23 NA 12114123 ws And All -Inclusive Package Accommodations Tax From Five Percent To Twelve Percent 15 Land Disposal For Residential Whiteside 06111124 08110/24 07111124 ws Development 16 213 Vote — Ordinance Amendment Amdt/Turner 05/25/24 08/24/24 08101124 rrr► Adopted on 09104124 19 Legal Opinion — Conflict Of Interest Amdt/Tumer 07/29/24 NA 08101124 Related to non rofit funding 20 Letter To AMCO Revoking Tumer 08/15/24 10115124 08/29/24 ws Assembly approved a letter Pekin Sizzler License 09105124 rm to send to ABC Board 18 Policy Decisions On The Old Mental Sharratt 07125124 09/23/24 09/26/24 ws Direction was given to Health Buildings 10131124 ws proceed with option 1 NA— requests were submitted before the adoption of new code which established a 60-day deadline AGENDA ITEM #8.a. KODIAK ISLAND BOROUGH Meeting Type: Assemble Work- Ses 5ti�n Date: I�OV • �4 Please PRINT your name legibly Phone number Red- 2ibe,#-�s �"-39-1571 h Pa�riG(� U �oV�n���-CGt��fdi Page 82 of 82