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2020-03-19 Regular Meeting Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, March 19, 2020, 6:30 p.m., Teleconference Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non- controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. *APPROVAL OF MINUTES 5 - 11 A. *Regular Meeting Minutes Of March 5, 2020 and Special Meeting Minutes of March 12, 2020. 2020-03-05 RM Minutes 2020-03-12 SM Minutes 6. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) A. Agenda Items Not Scheduled For Public Hearing And General Comments 7. AWARDS AND PRESENTATIONS 12 A. * Child Abuse Prevention Month Proclamation Child Abuse Prevention 2020 13 B. * Sexual Assault Awareness Month Proclamation Sexual Assault 2020 C. Bear Awareness Presentation - Alaska Department of Fish and Page 1 of 100 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Game, Nate Svoboda. 8. COMMITTEE REPORTS 9. PUBLIC HEARING 14 - 16 A. Ordinance No. FY2020-18 Emergency Ordinance To Allow Regular Meetings To Be Conducted Via Teleconference Ordinance No. FY 2020-18 Declaring An Emergency And Amending KIB Code Section 2.30.020, General Rules, And Providing For An Immediate Effective Date 10. BOROUGH MANAGER'S REPORT 17 A. Borough Manager's Report For March 19, 2020 2020-03-19 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 18 - 22 A. Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.030 Permissible Investments And Chapter 3.10.120 Facilities Fund Output Document (AS - 1092) - Pdf 13. NEW BUSINESS 13.A. Contracts 23 - 78 1. Approval of Collective Bargaining Agreement with IBEW Output Document (AS - 1144) - Pdf 13.B. Resolutions 79 - 84 1. Resolution No. FY2020-22 A Resolution Of The Kodiak Island Borough Assembly Authorizing The Borough To Issue General Obligation School Bonds In The Principal Amount Not To Exceed $_______ To Provide Funds For School And Related Capital Improvements In The Borough And To Pay Costs Of Issuing The Bonds, Fixing Certain Details Of Such Bonds, Authorizing Their Sale, And Providing For Related Matters Page 2 of 100 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Output Document (AS - 1132) - Pdf 13.C. Ordinances for Introduction 13.D. Other Items 85 - 86 1. * Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens Advisory Council (Ms. Rebecca Skinner). Output Document (AS - 1122) - Pdf 87 - 91 2. * Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Board (Ms. Pruitt). Output Document (AS - 1138) - Pdf 92 3. * Letter of Support Senior Citizens Of Kodiak (SCOK) Grant Application For Family Caregiver Support Services Family Caregiver Support Services - Dept of Health Services 93 4. * Letter Of Support Senior Citizens Of Kodiak (SCOK) Grant Application For Island Cove Adult Day Services Island Cove Adult Day Services - Dept of Health Services 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. EXECUTIVE SESSION A. The Potential Sale, Including Terms And Price, Of Real Property Known As Killarney Hills Tract Located On E. Rezanoff And Woody Way Loop B. Disposal Of Borough Land On Borough Hill: Terms, Conditions and Price C. Borough Clerk's Evaluation 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings Page 3 of 100 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough 18.B. Reports 94 - 100 1. February 2020 Projects Report Page 4 of 100 Kodiak Island Borough March 5, 2020 Assembly Regular Meeting Minutes Page 1 of 5 Regular Meeting Minutes KODIAK ISLAND BOROUGH Assembly Regular Meeting March 5, 2020 A regular meeting of the Kodiak Island Borough Assembly was held on March 5, 2020, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Roberts led the Pledge of Allegiance. Present were Mayor Bill Roberts, Assembly members Duane Dvorak, Julie Kavanaugh, Andy Schroeder, and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Tara Welinsky, and Deputy Clerk Alise Rice. KAVANAUGH moved to excuse Assembly member Scott Arndt, Rebecca Skinner, and Dennis Symmons who were absent due to travel for Borough business. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. KAVANAUGH moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The following items were approved under consent agenda: • *Regular Meeting Minutes of February 6, 2020. • *Confirmation of a Mayoral Appointment to the Mission Lake Tide Gate Service Area Board (Mr. Alan Wolf). APPROVAL OF MINUTES Regular Meeting Minutes of February 20, 2020 were approved under consent agenda. CITIZENS’ COMMENTS • Scott Smiley • Major Dave Davis • Patrick O’Donnell • Patrick Cummings AWARDS AND PRESENTATIONS AGENDA ITEM #5.A. *Regular Meeting Minutes Of March 5, 2020 and Special Meeting Minutes of...Page 5 of 100 Kodiak Island Borough March 5, 2020 Assembly Regular Meeting Minutes Page 2 of 5 Regular Meeting Minutes • Mayor Roberts Proclaimed The Month Of March 2020 As The Month Of Choose Respect To Break The Silence And Stand Up Against Sexual Assault, Domestic Violence, And Child Sexual Abuse. KWRCC Advocate, Ellamy Tiller, received the proclamation. • Mayor Roberts Proclaimed The Month Of March 2020 As National Women's History Month And Urged Residents To Increase Their Knowledge And Appreciation Of The Valuable Role Women Play In Our Lives. KWRCC Advocate, Ellamy Tiller, received the proclamation. • Employee Of The Quarter Award Was Awarded To Elliot Blacha, Maintenance Mechanic, In The Engineering/Facilities Department. • Employee Of The Year Award Was Awarded To Elliot Blacha, Maintenance Mechanic, In The Engineering/Facilities Department. • Bayside Fire Department Presentation - Chief Howard S. Rue III, EFO. COMMITTEE REPORTS • Assembly Dvorak reported on the Solid Waste Advisory Board Meeting. • Assembly member Kavanaugh reported on the Consolidation Committee Meeting. There will be a town hall style meeting April 13, 2020 at 6:30 p.m. the location to be announced. • Assembly member Turner reported on the Kodiak Community College. PUBLIC HEARING 1. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 Foreclosed Properties KIB/Dorothy Beeching And KIB/Estate Of Willie Norell And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For The Property And Authorizing The Property For Immediate Disposal. DVORAK moved to adopt Ordinance No. FY2020-14. This ordinance establishes the Borough's finding that a public need does not exist for these properties and classifies them as surplus. As surplus property, these properties could be made available for sale by the assembly at a later date. Both these properties were acquired by the Borough in 2007 through the foreclosure process. The acquisition of these properties followed both Borough and State of Alaska codes regarding foreclosure processes. Mayor Roberts closed the regular meeting and opened the public hearing. Seeing none and hearing none. Mayor Roberts closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE CARRIED UNANIMOUSLY: DVORAK, KAVANAUGH, SCHROEDER, AND TURNER. BOROUGH MANAGER’S REPORT Manager Powers reported on the following: • Discussed COVID-19 issues with Borough Staff, Emergency Operations Team, and Emergency Services Council. AGENDA ITEM #5.A. *Regular Meeting Minutes Of March 5, 2020 and Special Meeting Minutes of...Page 6 of 100 Kodiak Island Borough March 5, 2020 Assembly Regular Meeting Minutes Page 3 of 5 Regular Meeting Minutes • Researched prevention, the continuity of Government and essential functions. • Participated in online discussions with Alaska Managers in regard to COVID-19. • Reached out to contacts in the Federal Government and private industry for insight and information. • Met with the Superintendent, Larry LeDoux of Kodiak Island Borough School District, to discuss School District intervention plans. • Actively worked with borough staff and legal counsel on different personnel issues including the pay rate for the Bayside Fire Department. • Worked with staff on various capital projects including Leachate Treatment Plant issues and potential solutions. • Worked on the Bayside Fire project, boilers and generator for Borough Building. • Updated revenue projections and expenses, continue to work on budgets with staff. • Attended agenda setting, afterwards toured parts of the Borough Building Complex. • Met with borough staff concerning Assessing functions and activities. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts reported on the following: • Attended the School District Board Meeting to discuss prevention and planning for COVID- 19. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Change Order No. 7 Amending Contract FY2019-10 Architectural and Engineering Services Term Contract for Design for the Borough Building Boiler Room Renovation. DVOARK moved to authorize the Borough Manager to execute Change Order No. 7 Amending Contract FY2019-10 With Jensen Yorba Wall, Inc. For Architectural And Engineering Services Term Contract In An Amount Not To Exceed $39,767. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: KAVANAUGH, SCHROEDER, TURNER, AND DVORAK. 2. Contract No. FY2020-16 Salonie Creek Culvert Replacement Design. KAVANAUGH moved to authorize the Borough Manager to execute Contract No. FY2020-16 With Inter-Fluve Inc. In An Amount Not To Exceed $50,802. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: SCHROEDER, TURNER, DVORAK, AND KAVANUGH. Resolutions AGENDA ITEM #5.A. *Regular Meeting Minutes Of March 5, 2020 and Special Meeting Minutes of...Page 7 of 100 Kodiak Island Borough March 5, 2020 Assembly Regular Meeting Minutes Page 4 of 5 Regular Meeting Minutes None. Ordinances for Introduction None. Other Items 1. *Confirmation of A Mayoral Appointment to the Mission Lake Tide Gate (Mr. Alan Wolf). (This item was approved under consent agenda) CITIZENS’ COMMENTS • Scott Smiley • Dave Conrad, Womens Bay Fire Station, Fire Chief • Michael Powers ASSEMBLY MEMBERS’ COMMENTS • Assembly Member Kavanaugh spoke about the COVID-19 virus and encouraged the public to research the different government websites available for information. Suggested a review of the Assembly meeting calendar and a re-write of the code for better meeting dates. • Assembly Member Schroeder had no comment. • Assembly Member Turner was contacted by two Borough Mayors asking what his company is doing to evaluate employees as they come from out of state for the Salmon season. He also agreed with Assembly member Kavanaugh the meetings calendar needs to be reviewed and suggested that work sessions and regular meetings be held on the same week. • Assembly Member Dvorak had no comment. ANNOUNCEMENTS The next Assembly work session is scheduled on Thursday, March 12, 2020 at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, March 19, 2020 at 6:30 p.m. in the Borough Assembly Chambers. Notice of Public Meetings and Assembly meeting agendas are available on the KIB website, posted on the KIB Facebook page, and are also posted at the Library, Safeway, and Borough building. For those who do not have internet, you may call the Borough meeting notification line at 907-486-9315. EXECUTIVE SESSION None. ADJOURNMENT TURNER moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. The meeting adjourned at 7:59 p.m. AGENDA ITEM #5.A. *Regular Meeting Minutes Of March 5, 2020 and Special Meeting Minutes of...Page 8 of 100 Kodiak Island Borough March 5, 2020 Assembly Regular Meeting Minutes Page 5 of 5 Regular Meeting Minutes KODIAK ISLAND BOROUGH ATTEST: William Roberts, Mayor Tara Welinsky, Borough Clerk Approved on: March 19, 2020 AGENDA ITEM #5.A. *Regular Meeting Minutes Of March 5, 2020 and Special Meeting Minutes of...Page 9 of 100 Kodiak Island Borough March 12, 2020 Assembly Special Meeting Minutes Page 1 of 2 KODIAK ISLAND BOROUGH Assembly Special Meeting March 12, 2020 A special meeting of the Kodiak Island Borough Assembly was held on March 12, 2020, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 9:32 p.m. Present were Mayor William Roberts, Assembly members Scott Arndt, Duane Dvorak, Julie Kavanaugh, Andy Schroeder, Dennis Symmons, and James Turner. Also present were Borough Manager Michael Powers and Borough Clerk Tara Welinsky. ARNDT moved to excuse Assembly Member Skinner who was absent do to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING 1. Change Order No. 8 Amending Contract FY2019-10 Architectural and Engineering Services Term Contract for Design for the Borough Building Boiler Room Renovation. ARNDT moved to authorize the Borough Manager to execute Change Order No. 8 amending Contract FY2019-10 with Jensen Yorba Wall, Inc. for Architectural and Engineering services term contract in an amount not to exceed $22,004. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Schroeder, Symmons, and Turner. 2. EXECUTIVE SESSION - Discussion of Borough Clerk’s One Year Evaluation. SYMMONS moved to recess into executive session under the authority of KIBC 2.30.030(F)(1 )(c) for the purpose of discussing matters which may tend to prejudice the reputation or character of a person, Borough Clerk Tara Welinsky, who has been notified of the potential executive session. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Dvorak, Kavanaugh, Schroeder, Symmons, and Turner (AYES); Arndt (NO). KAVANAUGH moved to invite the Mayor, Assembly, and Assembly Member Skinner (via phone) to participate in the executive session. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Kavanaugh, Schroeder, Symmons, Turner, and Dvorak (AYES); Arndt (NO). After the vote, Mayor Williams recessed the regular meeting and convened the executive session. Upon returning from the executive session, Mayor Williams reconvened the special meeting and announced that no action was to be taken as result of the executive session. AGENDA ITEM #5.A. *Regular Meeting Minutes Of March 5, 2020 and Special Meeting Minutes of...Page 10 of 100 Kodiak Island Borough March 12, 2020 Assembly Special Meeting Minutes Page 2 of 2 ADJOURNMENT ARNDT moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 10:35 p.m. KODIAK ISLAND BOROUGH ATTEST: William Roberts, Mayor Tara Welinsky, Borough Clerk Approved on: March 19, 2020 AGENDA ITEM #5.A. *Regular Meeting Minutes Of March 5, 2020 and Special Meeting Minutes of...Page 11 of 100 Office of the Mayor Kodiak Island Borough, Alaska Proclamation DECLARING MARCH 2020 CHILD ABUSE PREVENTION MONTH WHEREAS, Kodiak children deserve to grow up in a safe and nurturing environment to assure they reach their full potential; and WHEREAS, Alaska has one of the highest child abuse rates in the nation; and WHEREAS, the effects of child abuse and neglect are realized throughout the community. Addressing child abuse challenges us to work together and involve the entire community in preventing child abuse and strengthening families; and WHEREAS, all citizens have a responsibility to help families nurture, support, and protect their children to ensure that all Kodiak children are safe from abuse and neglect; and WHEREAS, all citizens should be aware of the impact of child abuse and its prevention within the community, and be involved in supporting parents to raise their children in a safe, nurturing environment; and WHEREAS, effective child abuse prevention programs succeed because of partnerships created among social service agencies, schools, religious and civic organizations, law enforcement agencies, and the business community. NOW, THEREFORE, I, William Roberts, Mayor of the Kodiak Island Borough do hereby proclaim March 2020 as: Child Abuse Prevention Month and call upon all citizens to increase their participation in our efforts to prevent child abuse, thereby strengthening the communities in which we live. In witness whereof, I have hereunto set my Hand and cause this seal to be affixed. ________________________________ William Roberts, Borough Mayor Attest:________________________ Date: ____________________________ AGENDA ITEM #7.A. * Child Abuse Prevention Month Proclamation Page 12 of 100 Office of the Mayor Kodiak Island Borough, Alaska Proclamation DECLARING MARCH 2020 SEXUAL ASSAULT AWARENESS MONTH WHEREAS, sexual violence is primarily a crime of power and control, regardless of age, ethnicity, race, gender, or economic status; and WHEREAS, sexual assault is one of the most horrific and widespread crimes in our society today; and WHEREAS, for young people who are victimized, these criminal acts can be cruelly traumatic, and force them to forgo the most special times in their lives - their childhood. One in four females and one in six males will be sexually assaulted before the age of 18; and WHEREAS, eight of ten women may experience sexual violence by an intimate partner in their lifetime; and WHEREAS, one in five women will be sexually assaulted in her lifetime and, each year, it is estimated 25,000 American women will become pregnant following an act of sexual violence; and WHEREAS, sexual violence is an even bigger issue in Alaska, where the rate of reported rape is 2.5 times greater than the national average; and WHEREAS, we must work together to educate our entire population about the causes and what can be done to prevent sexual assault. Perpetrators must be held accountable for their actions. As a society, we must fight sexual assault by striving to increase public awareness of the devastating pain and suffering caused by these crimes. NOW, THEREFORE, I, William Roberts, Mayor of the Kodiak Island Borough do hereby proclaim March 2020 as: Sexual Assault Awareness Month and encourage all residents to support local activities and programs, which assist victims, and to learn more about the pervasiveness of sexual assault in Alaska so we may eliminate this heinous crime. In witness whereof, I have hereunto set my Hand and cause this seal to be affixed. ________________________________ William Roberts, Borough Mayor Attest:____________________________ Date: ____________________________ AGENDA ITEM #7.B. * Sexual Assault Awareness Month Proclamation Page 13 of 100 Kodiak Island Borough, Alaska Ordinance No. FY2020-18 Deletion – Red, Strikeout Page 1 of 3 Insertion – Bold, Blue, Underlined Version 1 Introduced by: KIB Assembly 1 Drafted by: Borough Attorney 2 Introduced on: 03/19/2020 3 Public Hearing Date: 03/19/2020 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2020-18 8 9 AN EMERGENCY ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 DECLARING AN EMERGENCY AND AMENDING KODIAK ISLAND BOROUGH CODE 11 SECTION 2.30.020, GENERAL RULES, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE 12 DATE. 13 14 A. WHEREAS, the United States Centers for Disease Control (CDC) has determined 15 that COVID-19, a respiratory disease that can result in serious illness or death and 16 that is a new strain of coronavirus not previously identified in humans, is a 17 significant public health risk both globally and in the United States; and 18 B. WHEREAS, the United States Department of Health and Human Services 19 Secretary Alex Azar declared a public health emergency for COVID-19 on January 20 31, 2020, retroactively applicable to January 27, 2020; and 21 C. WHEREAS, on March 11, 2020, the World Health Organization (WHO) Director-22 General declared COVID-19 to be a global pandemic, and the WHO situation 23 report has determined the global risk assessment posed by COVID-19 to be “very 24 high”; and 25 D. WHEREAS, on March 11, 2020, Alaska Governor Mike Dunleavy issued a 26 declaration of public health disaster emergency in response to the anticipated 27 outbreak of COVID-19 in Alaska, and in order to ensure that the public is educated 28 about the public health risk; and 29 E. WHEREAS, on March 12, 2020, the first positive case of COVID-19 was confirmed 30 within the State of Alaska; and 31 F. WHEREAS, on March 13, 2020, Governor Dunleavy closed all schools in Alaska 32 for two weeks, and the US Center for Disease Control (CDC) has recommended 33 that gatherings of more than 50 persons be avoided; and 34 35 G. WHEREAS, the Assembly finds that the present public health risk posed by 36 COVID-19 calls for immediate action to reduce the risk of transmission of COVID-37 19 while enabling the Borough Assembly to continue functioning if members are 38 absent or attendance in person is contrary to CDC advice due to health concerns, 39 or if attendance of the public must be limited due to public health concerns; and 40 41 Version 1 AGENDA ITEM #9.A. Ordinance No. FY2020-18 Emergency Ordinance To Allow Regular Meetings To...Page 14 of 100 Kodiak Island Borough, Alaska Ordinance No. FY2020-18 Deletion – Red, Strikeout Page 2 of 3 Insertion – Bold, Blue, Underlined Version 1 H. WHEREAS, the Assembly finds that in times of declared disasters the Assembly 42 may be unable to get a quorum of members present, and may need to meet on 43 short notice or by teleconference to address pending issues; and 44 45 I WHEREAS, the Assembly finds that KIBC 2.30.020 should be amended to allow 46 Assembly meetings to be held and members to participate telephonically when a 47 public health emergency or disaster has been declared by the President, Governor 48 or Mayor; and 49 50 J. WHEREAS, the Assembly finds, pursuant to KIBC 2.30.075, which allows 51 adoption of an emergency ordinance effective for up to 60 days, that the present 52 progression of COVID -19 limitations is moving so swiftly that an emergency exists 53 calling for adoption of this ordinance as an emergency ordinance, and that the 54 Assembly should follow up with a regular ordinance adopting substantially similar 55 provisions within the next 60 days prior to expiration of this ordinance; 56 57 58 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 59 BOROUGH THAT: 60 61 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 62 Kodiak Island Borough Code of Ordinances. 63 64 Section 2: That section 2.30.020, General Rules, of the Kodiak Island Borough Code of 65 Ordinances is amended to read as follows: 66 67 2.30.020 General rules. 68 69 A. Public Meetings. All official meetings of the assembly shall be open to the public. The 70 journal of proceedings shall be open to public inspection. When a disaster has been 71 declared which makes attendance by the public in person inappropriate, physical 72 attendance by the public may be limited and public access may be provided by 73 broadcast or other means. 74 B. Quorum. Four members of the assembly shall constitute a quorum. Attendance of 75 assembly members shall be in person and may not be by teleconference, except for 76 work sessions and emergency meetings. In the event of an emergency meeting, the 77 provisions set in AS 44.62.310 shall be followed. 78 C. Absences. No member of the assembly may absent himself from any regular or special 79 meeting of the assembly except for good cause. An assembly member who is unable to 80 attend a meeting shall advise the clerk or the mayor of the contemplated absence and 81 the reason for that absence. During the course of the meeting from which the member is 82 absent, the chair shall cause the record to reflect the absence of the member, the 83 reason for the absence and whether the absence is excused by the assembly. 84 D. Rules of Order. “Robert’s Rules of Order Current Edition” shall govern the proceedings 85 of the assembly in all cases, unless they are in conflict with these rules. When such a 86 conflict exists, this chapter prevails. 87 AGENDA ITEM #9.A. Ordinance No. FY2020-18 Emergency Ordinance To Allow Regular Meetings To...Page 15 of 100 Kodiak Island Borough, Alaska Ordinance No. FY2020-18 Deletion – Red, Strikeout Page 3 of 3 Insertion – Bold, Blue, Underlined Version 1 E. If a declaration of a disaster or emergency has been issued by the President, the 88 Governor of Alaska, or the Mayor which includes areas within the Kodiak Island 89 Borough, the provisions of subsection B of this section requiring in person 90 attendance and prohibiting participation by teleconference shall not apply during 91 the period the declaration is in effect, and assembly members may participate by 92 teleconference and be counted as part of a quorum even if they are not physically 93 present. All votes at meetings where assembly members are participating by 94 teleconference shall be by roll call. 95 Effective Date: This ordinance takes effect upon adoption. This ordinance will cease to be 96 effective 60 days after adoption in accordance with KIBC 2.30.075(C). 97 98 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 99 THIS __________ DAY OF _______________, 2020. 100 101 KODIAK ISLAND BOROUGH ATTEST: 102 103 104 ___________________________ ___________________________ 105 William Roberts, Mayor Tara Welinsky, Clerk 106 107 VOTES: 108 Ayes: 109 Noes: 110 AGENDA ITEM #9.A. Ordinance No. FY2020-18 Emergency Ordinance To Allow Regular Meetings To...Page 16 of 100 Manager’s Report Michael Powers March 19, 2020 Activities: This will be the COVID19 “Special” A local emergency has been declared by the Emergency Services Council. The Emergency Operations Center (EOC) has been activated and specific objectives and action plans are being completed. The ONLY effective prevention is social distancing. If you must go out in public, wash your hands, use sanitizer, avoid groups of people. The Borough Building (Borough and City Offices) will be closed to the public effective March 20, 2020. We have to keep the employees who will be managing this disaster healthy. The food supply chain is secure. I have held numerous meetings in the past two weeks with just about everyone you can imagine. A word about responsibilities. We have the Emergency Services Council (ESC) which is responsible for POLICY level decisions related to emergencies. We have the Emergency Operations Center/Emergency Operations Team which is responsible for carrying out the policies of the ESC. The Local Emergency Planning Committee is a PLANNING committee, not a response committee. Travel for Borough Business is halted until June 1, 2020. Will reconsider as needed. All employees who have traveled or do voluntarily travel will be quarantined on their return 14 days. Don’t travel, period. Full stop. Help crush the rumor mill-if the source of information is not an official source, it is a rumor and should be treated as such. Ask people for their source. At this time, the official sources are the Federal Government, the State of Alaska and the Emergency Operations Center on Kodiak. Just because the New York Times cites “unnamed government personnel” does NOT make it so. Your friend who heard it from a friend on the XYZ non-profit/government/native corporation (fill in the blank) is NOT an official source. Upcoming NONE!!! AGENDA ITEM #10.A. Borough Manager's Report For March 19, 2020 Page 17 of 100 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 19, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.030 Permissible Investments And Chapter 3.10.120 Facilities Fund ORIGINATOR: Dora Cross RECOMMENDATION: Move to advance Ordinance No. FY2020-15 to public hearing. DISCUSSION: Per Assembly request, our attorney has sent staff the code changes that would be necessary in order to utilize the Facilities Fund to provide: 1. Loans to other funds as investments for periods of under a year at interest rates at least as high as the most recent return on investment of Borough funds with or without a public vote; 2. Loans to other funds as investments for periods of more than one year at interest rates as high as the most recent return on investment of Borough funds with voter approval of the debt by the fund receiving the loan; 3. Loans to other funds which: are not investments; are subject to annual appropriations for repayment; are for periods of either over or under one year; and are at interest rates at least as high as the most recent return on investment of Borough funds, with or without a public vote; and 4. Grants to other areawide funds with or without a public vote. ALTERNATIVES: FISCAL IMPACT: None OTHER INFORMATION: AGENDA ITEM #12.A. Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.1...Page 18 of 100 Kodiak Island Borough, Alaska Ordinance No. FY2020-15 Deletion – Red, Strikeout Page 1 of 4 Insertion – Bold, Blue, Underlined Version 1 Introduced by: Finance Director 1 Drafted by: Finance Director 2 Introduced on: 12/05/2019 3 Postponed to: 02/06/2020 4 Amended: 02/06/2020 5 Postponed to: 03/19/2020 6 Public Hearing Date: 7 Adopted on: 8 9 KODIAK ISLAND BOROUGH 10 ORDINANCE NO. FY2020-15 11 12 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 13 TITLE 3 REVENUE AND FINANCE CHAPTER 3.10.030 PERMISSIBLE INVESTMENTS AND 14 CHAPTER 3.10.120 FACILITIES FUND 15 16 WHEREAS, The Kodiak Island Borough Assembly finds that the Facilities Fund is an areawide 17 borough reserved fund which contains sufficient funds to facilitate loans or grants when needed 18 to allow the Borough to respond to unexpected fiscal challenges or budgetary demands; and 19 20 WHEREAS, The Kodiak Island Borough Assembly finds that it is in the public interest to permit 21 investment of funds from the Facilities Fund by interest bearing multi-year loan to Borough 22 areawide, non-areawide or service area funds, provided that such loans comply with limitations 23 on long term borrowing by Borough funds; and 24 25 WHEREAS, The Kodiak Island Borough Assembly finds that it is in the public interest to permit 26 the grant of funds from the Facilities Fund to other Borough areawide funds for areawide 27 purposes; and 28 29 WHEREAS, The Kodiak Island Borough Assembly finds that it is in the public interest to permit 30 the loan of funds from the Facilities Fund to other Borough areawide funds for areawide, non-31 areawide or service area purposes under terms where repayment is subject to annual 32 appropriations; and 33 34 WHEREAS, The Kodiak Island Borough Assembly finds that it is in the public interest to prescribe 35 rules for loans or grants from the Facilities Fund to other Borough funds; and 36 37 WHEREAS, The Kodiak Island Borough Assembly finds that loans or grants from the Facilities 38 Fund should be memorialized by ordinance. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 41 BOROUGH THAT: 42 43 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 44 Kodiak Island Borough Code of Ordinances. 45 AGENDA ITEM #12.A. Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.1...Page 19 of 100 Kodiak Island Borough, Alaska Ordinance No. FY2020-15 Deletion – Red, Strikeout Page 2 of 4 Insertion – Bold, Blue, Underlined Version 1 46 Section 2: That section 3.10.030 Permissible Investments of the Kodiak Island Borough Code of 47 Ordinances is amended to read as follows: 48 49 3.10.030 Permissible investments. 50 The finance director shall invest money only in the following types of security instruments: 51 A. Bonds, notes, or other obligations, direct or otherwise, of the United States Government; 52 B. Bonds and other evidence of indebtedness of the State of Alaska, or any municipality, or 53 political subdivision of the State of Alaska; 54 C. Savings accounts, certificates of deposit, banker’s acceptances, repurchase agreements, and 55 such other legal security instruments; or 56 D. The Alaska Municipal League Investment Pool, Inc., made in accordance with the terms of that 57 pool’s “Common Investment Agreement; or 58 E. Loans to borough areawide, nonareawide or service area funds, provided that such 59 loans must be approved by ordinance setting out the term, interest rate and repayment 60 schedule for such loans. The interest rate shall be not less than the most recent annual 61 investment return rate for invested Borough funds. When such loans are not payable 62 within one year, the ordinance must be ratified by the voters as required by law at a regular 63 or special election. 64 65 Section 3: That section 3.10.120 Facilities Fund of the Kodiak Island Borough Code of 66 Ordinances is amended to read as follows: 67 68 3.10.120 Facilities fund. 69 A. The facilities fund is established as a separate special revenue fund which is distinct from all other 70 funds. The fund consists of all proceeds received from the sale of Shuyak Island property to the Exxon 71 Valdez Oil Spill Trustee Council. All income from the fund shall be deposited to the fund. The assembly 72 may, by ordinance, make additional appropriations to the fund at any time. Any additional funds added 73 to the fund, aside of Shuyak Island proceeds, shall become part of the fund as a whole and subject to 74 the regulations of the facilities fund. 75 B. The fund may be invested only as provided in KIBC 3.10.030. The fund may not be appropriated or 76 spent, except as provided in this section. The earnings or principal shall at no time run or supplement 77 the running of government except as specified in this section. 78 C. Repealed by Ord. FY2008-08. 79 AGENDA ITEM #12.A. Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.1...Page 20 of 100 Kodiak Island Borough, Alaska Ordinance No. FY2020-15 Deletion – Red, Strikeout Page 3 of 4 Insertion – Bold, Blue, Underlined Version 1 D. The excess income of the fund is defined as 85 percent of the annual investment income from the 80 fund. The excess income of the fund is available for appropriation by the assembly in the fiscal year 81 following the year in which the income is earned. The excess income of the fund may be appropriated 82 only for the following purposes: 83 1. Maintenance and repair of existing borough facilities; 84 2. Insurance paid by the borough for borough buildings; 85 3. Upgrade and reconstruction of existing facilities; or 86 4. Debt service on general obligation bonds issued for facilities construction – up to 50 100 percent of 87 excess may be used for this purpose. 88 E. The Assembly may, by ordinance, appropriate the excess income, and such portion of the 89 fund principal as the Assembly may determine, for grants to other areawide Borough funds or 90 A portion of the fund may be appropriated for another areawide Borough purpose. only upon approval 91 of an ordinance ratified by a two-thirds majority of Unless specifically waived by the appropriations 92 ordinance, grants from the Facilities Fund may only be made by an ordinance approved by the 93 qualified voters at a regular or special election. 94 F. The Assembly may, by ordinance, appropriate the excess income, and such portion of the 95 fund principal as the Assembly may determine, for a loan to a Borough areawide, non-areawide 96 or service area fund which is not repayable within one year and for which the repayment is 97 subject to annual appropriation. Any such ordinance shall set out the term, interest rate and 98 repayment schedule for the loan. Unless specifically waived by the appropriations ordinance, 99 an ordinance authorizing a loan under this section may only be made by an ordinance 100 approved by the qualified voters at a regular or special election. 101 102 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 103 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 104 105 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 106 THIS __________ DAY OF _______________, 2019. 107 108 KODIAK ISLAND BOROUGH ATTEST: 109 110 111 ___________________________ ___________________________ 112 William Roberts, Mayor Tara Welinsky, Clerk 113 114 VOTES: 115 AGENDA ITEM #12.A. Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.1...Page 21 of 100 Kodiak Island Borough, Alaska Ordinance No. FY2020-15 Deletion – Red, Strikeout Page 4 of 4 Insertion – Bold, Blue, Underlined Version 1 Ayes: 116 Noes: 117 AGENDA ITEM #12.A. Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.1...Page 22 of 100 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 19, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Approval of Collective Bargaining Agreement with IBEW ORIGINATOR: Michael Powers RECOMMENDATION: Approve the Agreement with IBEW DISCUSSION: The Borough and IBEW have had a collective bargaining agreement for a number of years. The most recent agreement has expired and staff and IBEW have been negotiating a new contract. The Assembly provided direction regarding the terms and conditions and on March 12, the IBEW ratified the proposed agreement. There were a number of changes to the agreement, most of which were to clean up language that was left over from the original implementation and involved health care and other areas that required consistency. In addition positions no longer part of the work force The major changes are: • 3.1-Temporary Employees-Provision of health care for 20 hour per week employees employed over 12 consecutive months3.1-Temporary Employees-Provision of health care for 20 hour per week employees employed over 12 consecutive months. • 4.12-Temporary Assignments-changed the number of days downward to receive "acting pay" • 6.4 On-Call Time-increased the weekly amount from $100 to 175. • 7.1 Compensation-a 1.1% bonus (not salary schedule increase) paid annually on the payroll after January 1 for 2020, 20201 and 2022 as well a .5% bonus payable on January 1, 2023 • 11-Training and Tuition-Increased the lower limit to $500, simplified the language. • 13.7-Clothing Allowance-Changed it from a stipend to a reimbursable process and increased the amount for eligible employees to $700 annually. • 20.1-Term of Contract-Effective January 1 2020 to June 30, 2023 to move to the fiscal year ALTERNATIVES: Disapprove FISCAL IMPACT: The impact will be just over $130,000 over the 3.5 year term OTHER INFORMATION: AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 23 of 100 Page 1 Contract #FY2020-18 AGREEMENT BETWEEN KODIAK ISLAND BOROUGH AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION 1547 AFL-CIO January 1, 2020 through June 30, 2023 AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 24 of 100 Page 2 TABLE OF CONTENTS ARTICLE 1: RECOGNITION ................................................................................................................................. 5 1.1 RECOGNITION ................................................................................................................................................. 5 1.2 MEMBERS OF BARGAINING UNIT ............................................................................................................... 5 ARTICLE 2: MANAGEMENT RIGHTS ................................................................................................................ 7 2.1 MANAGEMENT RIGHTS ................................................................................................................................ 7 2.2 SUBCONTRACTING AND CONSULTANTS ................................................................................................. 7 ARTICLE 3: DESIGNATION OF EMPLOYEES .................................................................................................. 7 3.1 DESIGNATION OF EMPLOYEES ................................................................................................................... 7 ARTICLE 4: HIRING AND ADVANCEMENT ..................................................................................................... 8 4.1 JOB VACANCIES ............................................................................................................................................. 8 4.2 TEMPORARY POSITIONS .............................................................................................................................. 8 4.3 JOB POSTING ................................................................................................................................................... 8 4.4 JOB ANNOUNCEMENTS AND PUBLICITY .................................................................................................. 8 4.5 QUALIFICATIONS FOR APPOINTMENT ...................................................................................................... 8 4.6 SELECTION PROCESS .................................................................................................................................... 9 4.7 JOB ORIENTATION ......................................................................................................................................... 9 4.8 ENTRANCE WAGE RATE ............................................................................................................................... 9 4.9 STEP INCREASES ............................................................................................................................................ 9 4.10 LONGEVITY PAY ........................................................................................................................................ 10 4.11 SHIFT DIFFERENTIAL ................................................................................................................................ 11 4.12 TEMPORARY ASSIGNMENTS ................................................................................................................... 11 4.13 EMPLOYEE TRANSFERS ............................................................................................................................ 12 4.14 PROBATIONARY PERIOD .......................................................................................................................... 12 4.15 EVALUATION .............................................................................................................................................. 13 4.16 PROMOTION ................................................................................................................................................ 13 4.17 DEMOTION ................................................................................................................................................... 14 ARTICLE 5: SEPARATIONS ................................................................................................................................ 14 5.1 RESIGNATIONS ............................................................................................................................................. 14 5.2 LAYOFFS ........................................................................................................................................................ 15 5.3 TERMINATION .............................................................................................................................................. 16 5.4 DISMISSAL NOTICE AND SEVERANCE PAY ........................................................................................... 16 ARTICLE 6: WORK SCHEDULE & OVERTIME ............................................................................................. 17 6.1 HOURS OF WORK .......................................................................................................................................... 17 6.2 OVERTIME...................................................................................................................................................... 17 6.3 TEN HOUR WORK DAY ................................................................................................................................ 18 6.4 ON-CALL TIME .............................................................................................................................................. 18 6.5 OFF DUTY/CALL OUT PAY .......................................................................................................................... 18 6.6 REST PERIODS ............................................................................................................................................... 19 6.7 STAGGERED LUNCH PERIODS ................................................................................................................... 19 6.8 FLEXIBLE SCHEDULING OF WORK HOURS ............................................................................................ 19 ARTICLE 7: COMPENSATION ............................................................................................................................ 19 7.1 COMPENSATION ........................................................................................................................................... 19 ARTICLE 8: LEAVE ............................................................................................................................................... 20 8.1 ANNUAL LEAVE ENTITLEMENT (ON A CALENDAR YEAR BASIS) .................................................... 20 8.2 ANNUAL LEAVE – GENERAL ..................................................................................................................... 20 8.3 CASH-IN OF ANNUAL LEAVE ..................................................................................................................... 21 AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 25 of 100 Page 3 8.4 PAYMENT OF ANNUAL LEAVE UPON TERMINATION .......................................................................... 21 8.5 MANDATORY LEAVE .................................................................................................................................. 22 8.6 DONATION OF LEAVE ................................................................................................................................. 22 8.7 SICK LEAVE ................................................................................................................................................... 22 8.8 FAMILY/MEDICAL LEAVE .......................................................................................................................... 22 8.9 LEAVE-WITHOUT-PAY ................................................................................................................................ 25 8.10 EDUCATIONAL LEAVE-WITHOUT-PAY ................................................................................................. 25 8.11 HOLIDAY LEAVE ........................................................................................................................................ 25 8.12 BEREAVEMENT LEAVE ............................................................................................................................. 26 8.13 WORKERS’ COMPENSATION LEAVE ...................................................................................................... 27 8.14 COURT DUTY ............................................................................................................................................... 27 8.15 MILITARY LEAVE ....................................................................................................................................... 28 8.16 UNAUTHORIZED LEAVE ........................................................................................................................... 28 8.17 SICK LEAVE BANK ..................................................................................................................................... 28 ARTICLE 9: SENIORITY ...................................................................................................................................... 30 9.1 SENIORITY ..................................................................................................................................................... 30 ARTICLE 10: DISCIPLINE ................................................................................................................................... 30 10.1 DISCIPLINE .................................................................................................................................................. 30 ARTICLE 11: TRAINING ...................................................................................................................................... 31 11.1 NEW EQUIPMENT TECHNOLOGY OR PROCEDURES .......................................................................... 31 11.2 TUITION REFUNDS ..................................................................................................................................... 32 11.3 TUITION AGREEMENT ............................................................................................................................... 32 11.4 SPECIAL TRAINING .................................................................................................................................... 33 11.5 SPECIAL TRAINING AGREEMENT ........................................................................................................... 33 11.6 TRAINING ..................................................................................................................................................... 34 ARTICLE 12: BENEFITS ....................................................................................................................................... 34 12.1 HEALTH AND WELFARE BENEFITS ........................................................................................................ 34 12.2 RETIREMENT ............................................................................................................................................... 36 12.3 JOINT HEALTH CARE COMMITTEE ......................................................................................................... 36 ARTICLE 13: EMPLOYMENT PRACTICES ..................................................................................................... 36 13.1 PERSONNEL RECORDS .............................................................................................................................. 36 13.2 PAYROLL PROCEDURES ........................................................................................................................... 37 13.3 TIME SHEETS ............................................................................................................................................... 38 13.4 PAY CHECK ERRORS .................................................................................................................................. 38 13.5 MOVING EXPENSES FOR NEW EMPLOYEES ......................................................................................... 38 13.6 TRANSPORTATION AGREEMENT ........................................................................................................... 39 13.7 CLOTHING ALLOWANCE .......................................................................................................................... 40 13.8 BOROUGH VEHICLES ................................................................................................................................ 40 13.9 PRIVATE AUTOMOBILE USAGE .............................................................................................................. 40 13.10 GIFTS AND GRATUITIES ......................................................................................................................... 40 13.11 PROFESSIONAL ORGANIZATION DUES ............................................................................................... 41 13.12 EMPLOYMENT OF FAMILY MEMBERS ................................................................................................ 41 13.13 OTHER EMPLOYMENT ............................................................................................................................ 41 13.14 TRAVEL ...................................................................................................................................................... 42 13.15 STRANDED WHILE ON BOROUGH TRAVEL ........................................................................................ 42 13.16 SAFETY ....................................................................................................................................................... 43 13.17 SAFETY COMMITTEE ............................................................................................................................... 43 13.18 PROHIBITION OF SMOKING ................................................................................................................... 43 13.19 DRUG-FREE WORKPLACE ...................................................................................................................... 43 13.20 POLITICAL ACTIVITIES ........................................................................................................................... 44 AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 26 of 100 Page 4 ARTICLE 14: NO STRIKE – NO LOCKOUT ..................................................................................................... 44 14.1 NO STRIKE, SLOWDOWNS, OR LOCKOUTS ........................................................................................... 44 ARTICLE 15: GRIEVANCE PROCEDURE ........................................................................................................ 44 15.1 GRIEVANCE PROCEDURE ......................................................................................................................... 44 ARTICLE 16: UNION REPRESENTATIVES ....................................................................................................... 46 16.1 UNION REPRESENTATIVES ...................................................................................................................... 46 16.2 SHOP STEWARD .......................................................................................................................................... 46 ARTICLE 17: UNION SECURITY ........................................................................................................................ 47 17.1 UNION SECURITY ....................................................................................................................................... 47 17.2 DUES DEDUCTION ...................................................................................................................................... 47 17.3 GOOD STANDING WITH UNION ............................................................................................................... 48 17.4 POSTING OF AGREEMENT ........................................................................................................................ 48 17.5 BULLETIN BOARDS .................................................................................................................................... 48 17.6 UNION ACTIVITIES ..................................................................................................................................... 48 ARTICLE 18: NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY .................................. 48 18.1 NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ...................................................... 48 ARTICLE 19: GENERAL PROVISIONS ............................................................................................................. 49 19.1 EFFECT OF AGREEMENT ........................................................................................................................... 49 19.2 SUCCESSORS AND ASSIGNS .................................................................................................................... 49 19.3 PRODUCTIVITY ........................................................................................................................................... 49 19.4 NEGOTIATIONS PROCEDURE .................................................................................................................. 49 19.5 SCOPE OF AGREEMENT ............................................................................................................................. 51 19.6 NOTICES ....................................................................................................................................................... 51 19.7 COMPILATION OF AGREEMENT.............................................................................................................. 51 19.8 IMPASSE PROCEDURE ............................................................................................................................... 51 19.9 MEET AND CONFER ................................................................................................................................... 53 ARTICLE 20: TERM OF AGREEMENT ............................................................................................................. 53 20.1 TERM OF AGREEMENT .............................................................................................................................. 53 20.2 AMENDMENT OF AGREEMENT ............................................................................................................... 53 ARTICLE 21: LABOR-MANAGEMENT COMMITTEE ................................................................................... 53 APPENDIX A – CLASS TITLES AND PAY RANGES SALARY SCHEDULES (2017, 2018, 2019) AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 27 of 100 Page 5 PREAMBLE This Agreement is made and entered into by and between Kodiak Island Borough hereinafter referred to as the “Employer” or “Borough” and Local Union 1547 of the International Brotherhood of Electrical Workers, AFL-CIO hereinafter referred to as “Union” or “IBEW”. The purpose of this Agreement is to set forth the understanding reached between the parties with respect to wages, hours of work, and other terms and conditions of employment. The Borough and the IBEW have a common and sympathetic interest in the Kodiak Island Borough. Therefore a working system and harmonious relations are necessary to improve the relationship between the Borough, the IBEW, and the public. Progress in service to the Public demands a mutuality of confidence between the Borough and the IBEW. All will benefit by the continuous peace and by adjusting any difference by rational, common sense methods as outlined by the procedures set forth herein. The following is agreed to in good faith by the parties and shall remain in effect until changed as outlined herein or altered by future negotiations. PURPOSE OF AGREEMENT The purposes of this agreement are to set forth the negotiated wages, hours and other terms and conditions of employment for IBEW represented employees, to promote the settlement of Union disagreements by conference, to provide for the resolution of unsettled grievances by binding arbitration, to prevent strikes and lockouts and to encourage a spirit of helpful cooperation between the Borough and its employees and the Union to their mutual benefit and the benefit of the general public. Article 1: RECOGNITION 1.1 RECOGNITION The Employer recognizes the Union as the sole and exclusive representative for those employees employed by the Employer as set forth in this Agreement. 1.2 MEMBERS OF BARGAINING UNIT The bargaining unit is comprised of the following positions: AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 28 of 100 Page 6 Assessing Appraiser Technician Assessment Clerk I & II Property Appraiser Property Appraiser Lead Community Development Assistant Planner Associate Planner/ENF Associate Planner/LRP Drafting Technician Secretary I, II and III GIS Analyst Code Enforcement Officer Engineering & Facilities Project Manager Maintenance Engineer Baler Operator I & II Carpenter/Project Manager Maintenance Mechanic Projects Assistant Secretary I, II, and III Solid Waste Baler/Landfill Supervisor Interpretive Specialist/Receptionist Treatment Plant Operator Lead Treatment Plant Operator Treatment Plant Operator Trainee Landfill Attendant Finance Accounting Clerk Accounting Technician/AP Accounting Technician/Payroll Cashier General Accountant Revenue Accountant Secretary I, II and III Manager’s Office Resource Management Officer Secretary I, II and III Management Information Systems IT Supervisor Operations Supervisor PC Technician I &II Programmer Programmer/Analyst Senior Systems Analyst System Operator I & II The parties have omitted the Mental Health Center and Child Care Asst. program positions from the table above due to the non-utilization of these positions at KIB. No change to the scope of the bargaining unit work is intended by the deletion of these unused positions. Excluded from the unit are elected officials, the Borough attorney, Borough Clerk, Deputy Clerk, Assistant Clerk, Records Manager, Engineering & Facilities Director, Environmental Engineer, Maintenance Coordinator, Construction Inspector/Architect, Construction Inspector/Engineer, Project Manager/Inspector, Community Development Director, Human Resources Director, Human Resources Assistant, Human Resources Officer/Executive Assistant, Administrative Assistant to the Manager, Grant Writer/Special Projects Support, Assessor, Finance Director, Director of Information Systems, Mental Health Center (MHC) Director, MHC Clinical Program Director, MHC Clinicians, MHC Operations Manager, MHC Community Support Program Director, MHC Staff Assistant (CSP), Fire Chief, and Assistant Fire Chief. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 29 of 100 Page 7 Article 2: MANAGEMENT RIGHTS 2.1 MANAGEMENT RIGHTS Subject to the specific provisions of this Agreement, it is the right of the Borough to determine the standards of service to be offered by its administration; determine the standards of selection for employment, direct its employees in an efficient manner; take reasonable disciplinary action for reasonable cause; maintain the efficiency of Borough operations, determine the methods and means by which government operations are to be conducted, to formulate reasonable work rules which are applied in a fair and consistent manner; and to exercise control and discretion over its organization. 2.2 SUBCONTRACTING AND CONSULTANTS The Union recognizes that the Borough has the right to contract, subcontract, or utilize consultants. The right to contract, subcontract or the utilization of consultants shall not be used for the purpose of undermining the Union or to discriminate against any of its members. The Borough further agrees that it will not use personal services contracts to replace employees when vacancies occur in positions filled by regular employees covered by this Agreement. Article 3: DESIGNATION OF EMPLOYEES 3.1 DESIGNATION OF EMPLOYEES Regular Employee: A regular employee is an employee who has successfully completed his/her probationary period in a position that is part of the regular complement needed for performing Borough services as determined by the Borough Assembly. Regular Full-Time Employee: A regular full-time employee is one who is employed to work a regular schedule of established weekly hours. The minimum established weekly hours shall be at least thirty (30) hours a week. Regular Part-Time Employee: A regular part-time employee is one who is employed to work a regular schedule with established weekly hours totaling less than thirty (30) hours a week. Temporary Employee: A temporary employee is one who is employed to augment the workforce whenever the workload temporarily requires additional help, or in the event of an emergency or unanticipated situation for a period not to exceed six (6) months. Temporary employees shall not accrue fringe benefits under this agreement. If a temporary employee is extended beyond six (6) months, he/she shall accrue sick leave, vacation and seniority from the date of hire the same as a regular employee. Temporary employees who work beyond six (6) consecutive calendar months will also become AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 30 of 100 Page 8 eligible for holiday leave. Temporary employees shall not be employed for more than twelve (12) consecutive calendar months, unless an extension is mutually agreed upon by both parties. In the event a temporary employee has been employed for more than 2 consecutive years, and works 20 hours or more each week, the employee shall receive Health Insurance benefits in accordance with Article 12 Section 12.1, 12.2 and 12.3. Article 4: HIRING AND ADVANCEMENT 4.1 JOB VACANCIES Notices of position vacancies shall be publicized first to all regular Borough employees for five (5) working days on the employee bulletin boards. The Union will be notified of the vacancy during this five (5) day period. Notices of the vacancy will also be copied to each department. If a qualified candidate is not selected from the in-house applicants at the end of the five (5) days, the position will then be advertised outside for at least ten (10) working days. The Union may provide referrals of applicants during this outside advertising time period. 4.2 TEMPORARY POSITIONS Temporary positions (positions lasting up to 6 months) may be advertised both in-house and outside according to the above timelines, however, if immediate assistance is needed, temporary positions can be filled immediately. 4.3 JOB POSTING Any position covered by this Agreement which has been vacated or any position that has been created shall be posted within the Borough. The posting shall state the details and qualifications applicable to the position. Posting will be on Borough bulletin boards for a minimum of five (5) working days. Any regular employee may, within five (5) working days from the date of job posting, present in writing to the personnel department his/her application. Such application will include all data required by the posting. 4.4 JOB ANNOUNCEMENTS AND PUBLICITY In order to attract candidates for vacancies, the Borough Manager will issue job announcements, which will be posted on the Borough bulletin boards and through the media including but not limited to the local newspaper. Job announcements shall be clear and readable. They shall include job title, salary range, job qualification requirements, and examination information (including the time, place and manner of completing applications and other pertinent information). 4.5 QUALIFICATIONS FOR APPOINTMENT AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 31 of 100 Page 9 Employees shall meet the requirements for the respective positions as spelled out in the job descriptions. The final determination of whether or not the applicant meets the requirements of a respective position shall be made by the Manager or his designee. If two candidates are equally qualified for a position in the judgment of the supervisor, seniority will prevail. Preference will be given first to Kodiak residents, then to Alaska residents and then to outside applicants. No preference shall be given in the employment of personnel to persons who are related to any employee of the Borough. The hiring of any relatives of Assembly members and the Borough Manager is prohibited. 4.6 SELECTION PROCESS The applicable supervisor assisted by the Human Resources Officer and a Shop Steward will evaluate all in-house applications on a numerical basis on a form (drawn from the position description) and provided by the personnel office. Based on this evaluation, when two (2) or more candidates are selected for interviews, interviews will be conducted by the supervisor with the Human Resources Officer and the Shop Steward in attendance. The oral interview will be conducted with a numerical evaluation on a second form (drawn from the position description) and provided by the personnel office. In addition, a written examination or demonstration may be required if appropriate. Interviews of candidates that are not current Borough employees shall meet all requirements of the position applied for. However, the Shop Steward will not participate in interviews of candidates that are not currently employed by the Kodiak Island Borough. Upon completion of all interviews, the supervisor will make a final selection. 4.7 JOB ORIENTATION The Kodiak Island Borough will provide job orientation to each new employee. The content of the orientation shall be determined by the Manager. Any IBEW information provided to the Manager will be included in the information packet. A fifteen (15) minute orientation may be provided by the IBEW Shop Steward after the Borough orientation is completed. The time for this orientation will be coordinated with the Shop Steward’s department head and the Human Resources Officer. Any Union follow-up questions and discussion will be considered a union activity. 4.8 ENTRANCE WAGE RATE The start pay rate for the applicable job classification will be the minimum rate of pay for new employees. The department head, subject to manager approval, may place a new employee above the start rate, when such placement is a result of the new employee’s directly applicable work experience and credentials. Assembly approval is required for any placement above Step C. 4.9 STEP INCREASES AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 32 of 100 Page 10 All new regular employees after serving a six-month probationary period of overall satisfactory performance, as indicated on the Kodiak Island Borough Performance Evaluation Report form, shall receive a step increase. Each employee is eligible, if overall performance is satisfactory, for an annual step increase on each anniversary date when 1560 hours or more of work have been accumulated. Step increases occur in the manner above in accordance with the respective wage schedule for each position as set forth in Appendix A. In the event the department head determines by the evaluation that an employee has not satisfactorily performed the job, the department head may suspend the employee’s step increase for a period of time during which certain specific improvements must be made. Notice of such step increase deferral and the reasons for it shall be given to the employee in writing with a copy to the Borough Manager. When the department head has determined that the employee has achieved satisfactory improvement, the suspended step increase may be approved at any time during the extended period. The suspended step increase will not be retroactive to the employee’s anniversary date. When an employee has received a deferred step increase, he/she will be eligible for future annual increases one calendar year from the date of his/her last step increase, provided that during each such calendar year, the employee has completed 1560 compensable hours of service. Special Merit Increases: A Special Merit Increase (equivalent to one step) shall be granted to an employee for outstanding performance, when justified in writing by the department head and subject to the approval of the Borough Manager. This increase is in addition to normal step increases and does not affect the anniversary date. Department heads may recommend employees for special merit increases in recognition of: A. Outstanding service B. Special acts of accomplishment C. Significant achievements in additional and job-related education or specialized training (outside normal working hours and other than required by the Borough) which enabled the individual to do his/her work more effectively and from which the Borough tends to benefit. 4.10 LONGEVITY PAY A regular full-time employee shall receive an additional monetary benefit based on the length of employment with the Borough. Any break in employment longer than thirty (30) calendar days will advance the eligibility date by the number of days in excess of 30. Time served as a temporary employee shall not be included. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 33 of 100 Page 11 The following amounts shall be granted employees employed after July 7, 1983 in addition to their current pay rate excluding overtime. A. Ten (10) years of total service, an additional five (5) percent of dollar value of employee’s current pay rate. B. Fifteen (15) years of total service, an additional five (5) percent of dollar value of employee’s current pay rate. The following amounts shall be granted employees employed after October 1, 1994: A. Fifteen (15) years of total service – five (5) percent of dollar value of employee’s current pay rate. 4.11 SHIFT DIFFERENTIAL An employee who is assigned to a swing shift (defined as any eight (8) consecutive hours, excluding lunch, beginning between 4:00 p.m. to midnight) shall receive four (4) percent premium pay in addition to his/her regular salary for the period served on swing shift for any day worked as a swing shift. An employee who is assigned to a graveyard shift (defined as the hours from midnight until 8:00 a.m.) shall receive six (6) percent premium pay in addition to his/her regular salary for the period served on graveyard shift for any day worked as a graveyard shift. If an employee is assigned to work a swing shift or graveyard shift on a regular basis, then sick leave, holiday pay, and annual leave will be paid at the relevant differential percentage. If an employee sporadically works a swing shift as well as normal shifts, then sick leave and annual leave will be paid at the employee’s regular salary. An employee shall not be required to begin any shift change without a minimum of an eight (8) hour break between the end of their regular shift and the beginning of their new shift. The employee shall be notified of this shift change at least twenty-four (24) hours prior to the beginning of said shift or be paid the applicable overtime rate for all hours worked on the first day of the new shift. 4.12 TEMPORARY ASSIGNMENTS At the discretion of the Manager, an employee may be temporarily assigned to some or all of the duties created by a bargaining unit or non-bargaining unit employee who is temporarily absent from their position. The temporary higher rate of pay shall be at Step A of the salary range of the temporarily-absent employee; provided that if the reassigned employee’s pay rate is already higher than or at the same rate as Step A of the position to be filled temporarily, the reassigned employee shall be paid at the next higher step (that is, 2.5%) above his/her rate of pay at the time the reassignment commenced. If this re-assignment is made for more than six (6) consecutive working AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 34 of 100 Page 12 days, or ten (10) days within a thirty day time frame, the employee shall be compensated at the higher rate of pay. a. Temporary assignments will not be utilized to avoid filling a vacancy or newly created position. Temporary assignments are for short-term periods, not to exceed six (6) months. b. In the case where a bargaining unit employee is temporarily assigned to a non- bargaining unit position, the employee will still be considered a non-exempt employee and shall be paid for any applicable overtime at the higher rate of pay while in that position. c. If an employee is assigned to work in a higher bargaining unit or non-bargaining unit classification for a period of more than thirty (30) calendar days, the employee will be compensated at the higher rate for holidays and annual leave taken while in the higher classification. 4.13 EMPLOYEE TRANSFERS In keeping with Borough policy to promote within the ranks of Borough employees, applications from bargaining unit Borough employees will be received during the five (5) day in-house position posting and qualified candidates will be interviewed. The Employer may elect to offer the position to a bargaining unit employee if they are qualified or if the bargaining unit employee could be qualified with minimal training or experience in a reasonable amount of time. Such bargaining unit employee may be awarded the position for a sixty (60) day trial period. The Employer may, where appropriate, extend the sixty (60) day trial period. If the employee, after receiving training, is unable to satisfactorily perform in the new position, the employee may return to the previously held position without loss of seniority, and with no recourse to the grievance/arbitration procedure. The employee may opt to return to the former position within the sixty (60) day trial period. In this event, the rate of pay and anniversary date shall return to be the same as before the transfer. When an employee transfers from one position to another having a lower pay range, the rate of pay shall remain the same unless it exceeds the maximum step in the new range. If the current rate of pay exceeds the maximum step in the new range, the rate of pay will be the maximum step in the new range. If the employee’s current rate of pay falls within the range of the lower pay range, the pay shall remain the same and will be placed on the proper step of the new lower pay range. The employee’s anniversary date shall change to the effective date of the transfer. 4.14 PROBATIONARY PERIOD All new regular employees shall serve a six (6) month probationary period. Any employee terminated under this provision shall have no recourse to the grievance procedure. All benefits and seniority credits shall accrue during the probationary period. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 35 of 100 Page 13 Time served as a temporary employee shall count towards the probationary period if the employee is subsequently hired into the same position as a regular employee, provided there has been no break in service greater than 60 days. 4.15 EVALUATION The Borough, IBEW and employees endorse written evaluation of all employees by supervisors for the purpose of evaluating the employee’s strengths and weaknesses in their job performance. The written evaluation shall include a rating and comment on each of the position duties described in the job description and the completion of the Kodiak Island Borough Performance Evaluation Report. The overall rating on the form shall be determined by the rater as the best judgment of the overall performance of the individual. This rating is not a numerical average of the individual factors. Each employee shall be evaluated at least once per year a minimum of thirty (30) days prior to their anniversary date. If an employee’s evaluation is not timely prepared, the employee’s performance shall be considered satisfactory. In the event an employee receives an unsatisfactory rating in any category of their evaluation, a personal conference will be held with the employee by appropriate supervisor, in which his/her problems and suggestions for eliminating these problems are discussed. A written plan of improvement shall be implemented addressing the specific areas that resulted in the unsatisfactory evaluation. Detailed written records of all such conferences will be maintained. The supervisor shall re-evaluate the employee in writing when the improvements have been made but in no event later than sixty (60) calendar days following the unsatisfactory rating. A supervisor who has given his/her notice of termination of employment shall be required to provide current evaluations, prior to termination, on all employees not evaluated within the last six (6) months. 4.16 PROMOTION All other things being equal, it shall be the policy of the Kodiak Island Borough to promote from within the ranks of the Borough employees who meet the prescribed minimum qualifications for the position as determined by the Borough. Open positions for promotional consideration shall be posted in the manner as referenced in Section 4.3. At the end of five (5) working days, the department head may select a candidate(s). If two applicants are equally qualified, the Borough will select the most senior. When an employee is promoted from one position to another having a higher pay range, the employee shall receive an increase of one pay step (2½%), or the minimum rate of the higher pay range, whichever is greater. If the employee’s current rate of pay falls within the range of the higher pay range, the pay shall be adjusted to the next higher pay step in the new position’s range in order to be equal to a one step increase above the current pay rate. The employee’s anniversary date shall change to the effective date of promotion. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 36 of 100 Page 14 Any employee who is promoted shall be given a reasonable period, not to exceed ninety (90) calendar days, to become acquainted with the job and to demonstrate ability to fill the job satisfactorily. If during the evaluation period the employee demonstrates unsatisfactory ability for the job, the employee shall be returned to the employee’s former job without loss of seniority and with no recourse to the grievance/arbitration procedure. The employee may opt to return to the former position within the ninety (90) calendar days. 4.17 DEMOTION An employee may be demoted for any of the following reasons: A. Inability to perform duties adequately. B. Layoff because of lack of work or funds. When employees are laid off, they may apply for any available position for which they are qualified. When an employee is demoted from one position to another having a lower pay range, the rate of pay shall remain the same unless it exceeds the maximum step in the new range. If the current rate of pay exceeds the maximum step in the new range, the rate of pay will be the maximum step in the new range. If the employee’s current rate of pay falls within the range of the lower pay range, the pay shall remain the same and will be placed on the proper step of the new lower pay range. The employee’s anniversary date shall change to the effective date of the demotion. A demoted employee shall receive a written performance evaluation after six (6) months of service in the new position. No step increase will be available until the first anniversary evaluation is completed for the new position. Article 5: SEPARATIONS 5.1 RESIGNATIONS To resign in good standing, an employee must give written notice to his/her department head at least fourteen (14) calendar days before the termination date, except for those positions that require a thirty (30) calendar day notice of termination. This requirement may be waived by department heads when adequate provisions can be made in a shorter period of time, or extenuating circumstances exist. The department head shall furnish a copy of the resignation (recognized by the signature of the department head) to the Borough Manager’s Office, the employee for his records, and to the employee’s personnel file. The resignation shall include the reason for leaving Borough service. Failure to comply with the aforementioned requirements may be cause for rejection of rehire. Upon approval of the appointing authority, an employee may withdraw his/her resignation prior to the termination date so long as a commitment has not been made to fill the position. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 37 of 100 Page 15 5.2 LAYOFFS The Manager is authorized to lay off employees if: A. The position has been abolished. B. There are insufficient funds. C. There is not sufficient work available to warrant the continuation of employment. If a layoff is pending, the Manager shall provide the employee a written notice indicating layoff at least four (4) weeks in advance of the layoff. If for any of the above reasons, an employee has a loss of employment with the Borough, the Manager will make every effort to place the employee in another available job vacancy within the Borough for which he/she is qualified. Whenever possible, layoff will be accomplished through normal attrition. Further the Borough may attempt to lessen the impact and extent of a layoff through transfers, encouragement of unpaid leaves, early retirement or by any other means deemed appropriate by the Manager and the Assembly. Should a layoff be determined necessary by the Borough for any reason, the following procedure will apply: When layoff occurs due to lack of work, such layoff shall be by job classification and the least senior employee shall be subject to layoff. Such employee shall have the right to displace another employee only in accordance with the following conditions: A) The employee subject to layoff must have more seniority than the employee to be displaced. B) The employee subject to layoff must meet the qualifications set forth in the classification job description. C) The displaced employee must be the least senior employee in a job classification. D) Any employee using this procedure must serve a probationary period. If the employee is not performing satisfactorily in the position, he/she will be disciplined according to the disciplinary procedure in this agreement. Annual leave may be used during this probationary period. However, the probationary period will be extended by the amount of annual leave taken. KIB will notify the stewards of all bargaining unit vacancies for a period of one (1) year after the former employee has been laid off, so that the stewards may contact the former employees who were terminated from employment for other than cause or resignation in order that they may apply for the position. KIB will notify the stewards in AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 38 of 100 Page 16 advance prior to undertaking a recruitment as specified in Section 4.3 Job Posting. KIB will consider the former employee in the same manner as current employees in Section 4.3, meaning the laid-off employee’s original hire date with the Borough as a bargaining unit employee will be utilized as a seniority date, if it becomes necessary, as referenced in Section 4.5 Qualifications for Appointment. If an employee is found qualified for a position not previously held, the employee will be subject to a trial period as defined in Section 4.13 Employee Transfers. 5.3 TERMINATION The Manager is authorized to terminate employment of personnel for cause. Termination here is defined as a termination of employment for reasons of unsatisfactory performance of duties. Following are reasons which constitute grounds for termination of an employee of the Kodiak Island Borough. The samples provided are not to be interpreted as inclusive. No regular employee will be terminated for any of the following basic reasons unless a recent evaluation has pointed out the deficiency and reasonable time allowed, and appropriate assistance provided to affect a remedy. A. Incompetence B. Unsatisfactory Performance of Duties C. Unexcused Absenteeism The following reasons are cause for immediate termination: A. Substance Abuse on the Job B. Dishonesty C. Gross Disobedience D. Abandonment of Duties All notices of termination will be in writing, with proper notice to the individual and the reasons for termination will be clearly stated. This section does not apply to a probationary employee as described in Section 4.14, nor does this section restrict or limit the authority of the Borough to terminate a probationary employee. 5.4 DISMISSAL NOTICE AND SEVERANCE PAY AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 39 of 100 Page 17 Employees subject to force reduction layoff or dismissed without prejudice shall be given four (4) weeks’ notice and severance pay as follows: 1 - 5 years employment 10 working days 5 - 10 years employment 15 working days 10 - 20 years employment 20 working days 20 + years employment 25 working days Article 6: WORK SCHEDULE & OVERTIME 6.1 HOURS OF WORK Regular working hours of Borough employees shall consist of a five (5) day week, eight consecutive working hours a day, 40 hours a week. Normal working hours will be from 8:00 a.m. to 5:00 p.m. and will include one hour for lunch between the hours of 11:00 a.m. and 2:00 p.m. The standard workweek shall consist of the period from Sunday to Saturday (i.e. 12:01 a.m. Sunday to the following midnight Saturday). The standard workday shall consist of the period from 12:01 a.m. to midnight. Different schedules to meet department operating needs shall be established and altered by department heads with approval of the Borough Manager. Temporary shifting of employees’ working hours to meet routine needs shall be done as necessary and approved by the department head. 6.2 OVERTIME Employees not serving in executive, administrative or professional positions, as defined by the Fair Labor Standards Act (FLSA) and defined as exempt positions in the Kodiak Island Borough code, are eligible to receive overtime compensation. Overtime entitlements shall be earned in accordance with the FLSA unless otherwise provided in the Agreement. Overtime shall be scheduled as fairly and equally as practicable among employees, based first on qualifications to perform work and secondly on seniority. All overtime must be authorized by the applicable department head prior to its performance. When an employee is assigned to eight (8) hour workdays, all authorized overtime shall be compensated at one and one-half (1.5) times the employee’s applicable rate of pay for all time worked in excess of eight (8) hours in a workday. Overtime will be calculated on one-quarter (0.25) hour intervals. Any quarter of an hour (fifteen (15) minutes) or portion thereof worked, should be reported on the time card as one-quarter (0.25) hour and paid accordingly (e.g. fifteen (15) minutes is reported as one-quarter (0.25) hour and sixteen (16) minutes is reported as one-half (0.5 hour). AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 40 of 100 Page 18 When an employee is assigned to ten (10) hour workdays, all authorized overtime shall be compensated at one and one-half (1.5) times the employee’s applicable rate of pay for all time worked in excess of ten (10) hours in a workday. All time worked in excess of forty (40) hours in a work week, shall be compensated at one and one-half (1.5) times the employee’s applicable rate of pay. The work week shall be considered to be the period from 12:01 a.m. Sunday to the following midnight Saturday. Overtime on Holidays: Overtime hours worked on a recognized Borough holiday shall be paid at double time for all hours worked in addition to the regular holiday pay. Employees will be notified by their normal quitting time of the preceding day of any scheduled overtime work. 6.3 TEN HOUR WORK DAY By mutual agreement of the department head and the employee involved, a four (4) day workweek may be established consisting of four (4) ten-hour shifts at the employee’s straight time rate of pay. The employee may opt out of this work schedule by giving a thirty (30) calendar days notice to the department head. This decision may require all employees involved to revert to a five (5) day workweek in order to properly staff the office to deal with the public. All employees who are working a four (4) day workweek shall revert to a five (5) day work week during any week requiring an eight hour day (i.e. training) or in which a holiday listed in this Agreement is scheduled. However, an employee may request, subject to approval of his/her supervisor, to take two (2) hours annual leave for any scheduled eight-hour workday or holiday listed in this Agreement (to balance out the remainder of the workday) and therefore remain on the four (4) day workweek schedule, provided the business needs of the Borough and the public are met. (e.g.) Monday (training or holiday) 8 hrs + 2 hrs leave = 10 hrs Tuesday 10 hrs Wednesday 10 hrs Thursday 10 hrs 6.4 ON-CALL TIME Hourly employees who are required to be on-call shall receive one hundred seventy-five dollars ($175) a week compensation for carrying and monitoring a beeper or cell phone. In the event that an hourly employee is called in to work to respond to a beeper call, the employee will receive time and one-half compensation for any and all hours worked over 8 in a day and over 40 in a week. 6.5 OFF DUTY/CALL OUT PAY AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 41 of 100 Page 19 When an off duty employee is required to report for duty, the employee shall receive overtime pay for all time worked portal to portal during such call out. Such employees shall receive a minimum of one (1) hours pay or will be paid for actual time worked, whichever is greater. 6.6 REST PERIODS A fifteen (15) minute rest break shall be allowed mid-morning and mid-afternoon. Such breaks must be staggered to keep all offices adequately staffed to deal with the public at all times. Break schedules must be approved by the appropriate supervisor. When working other than the normal shift, a fifteen (15) minute rest period shall be allowed during any work period of at least four (4) hours duration. 6.7 STAGGERED LUNCH PERIODS Lunch hours may be staggered to meet the needs of service. Lunch schedules must be approved by the appropriate supervisor and shall be between the hours of 11:00 a.m. and 2:00 p.m. 6.8 FLEXIBLE SCHEDULING OF WORK HOURS Supervisors are permitted to put their employees on flexible schedules so long as neither service to the public nor normal office hours are reduced, and so long as the employees volunteer in writing for flexible scheduling. Flexible scheduling is intended as an employee benefit; therefore, only employees who volunteer in writing to his or her supervisor for the flexible hours should be scheduled that way. Hours or work scheduled outside the standard work week are to be avoided. Flextime is the scheduling of an employee to work eight (8) hours a day between the hours of 7:00 a.m. and 6:00 p.m. Flextime must be approved by the employee’s supervisor and the Manager or his/her designee. Approval of flexible scheduling prior to 7:00 a.m. or after 6:00 p.m. will be granted only under extenuating circumstances and must be mutually acceptable to the Employer and the Union. Article 7: COMPENSATION 7.1 COMPENSATION Effective 1/1/2020 all Bargaining Unit employees shall receive a bonus check equal to one point one (1.1%) of their gross wages for the previous calendar year. (Payable on the first pay period after ratification by both parties). AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 42 of 100 Page 20 Effective 1/1/2021 all Bargaining Unit employees shall receive a bonus check equal to one point one (1.1%) of their gross wages for the previous calendar year. Effective 1/1/2022 all Bargaining Unit employees shall receive a bonus check equal to one point one (1.1%) of their gross wages for the previous calendar year. Effective 1/1/2023 all Bargaining Unit employees shall receive a bonus check equal to point five (0.5 %) of their gross wages for the previous calendar year. Article 8: LEAVE 8.1 ANNUAL LEAVE ENTITLEMENT (ON A CALENDAR YEAR BASIS) Leave with pay shall accrue to all full-time regular employees at the following rates based upon 26 annual pay periods of 80 hours per pay period. Length of Service Annual Total 0 through 2 years 18 days Over 2 years but 21 days less than 5 years Over 5 years but 24 days less than 8 years Over 8 years but 27 days less than 10 years 10 years and over 30 days For regular part-time employees working less than 30 hours a week and regular full-time employees working 30+ hours but less than 40 hours a week, annual leave accrual will be pro-rated based upon normally scheduled hours per pay period. 8.2 ANNUAL LEAVE – GENERAL Annual leave may be used for vacations, personal business, and periods of illness. Leave for periods of time not exceeding three (3) working days shall be scheduled at least 24 hours in advance. Vacation leave exceeding three (3) working days shall be requested at least two (2) weeks in advance. Vacation leave will be charged to annual leave. If annual leave is insufficient, leave will be charged to leave without pay if approved by the Manager. Supervisors are responsible for permitting employees to utilize all leave earned in any calendar year. Supervisors and employees must schedule such leave usage in advance AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 43 of 100 Page 21 so as not to unduly conflict with or severely restrict the normal work requirements of their respective department. In the event two employees submit leave requests on the same day and for the same period of time, the most senior employee will be granted his/her leave request if both employees cannot be spared, unless unusual circumstances dictate otherwise. Probationary employees shall not be eligible to utilize annual leave during the probationary period. Upon successful completion of the probationary period, the employee will be credited with nine (9) days of accrued annual leave time. Employees who do not complete the probationary period or who are not retained beyond the probationary period shall not be credited and paid for their accrued leave for their period of employment. Employees who, for good and sufficient cause, must be absent during the probationary period shall be considered in a leave without pay status if approved by the Manager. Any new employee hired between the first (1st) and the fifteenth (15th) days of the month, inclusive, shall be considered to have worked the full month for leave purposes, and any employee hired after the fifteenth (15th) day of the month shall be credited with leave for half a month. Leave can be accrued from year to year with a maximum accrual limit of seventy-five (75) working days. Leave continues to accrue during the period of time an employee is on paid leave. A recognized holiday occurring during an employee’s leave period shall not be counted as a day of leave. 8.3 CASH-IN OF ANNUAL LEAVE An employee upon written request shall be permitted to cash in up to 80 hours of his/her annual leave in excess of 80 hours. Such cash out shall be permitted once in a calendar year. In the case of a serious event, an employee may cash out any accrued annual leave in excess of 80 hours. Any cash-in of annual leave must be approved by the Borough Manager. Examples of events may be, but are not limited to, replacement or repairs to home systems such as roofs, heaters, foundation, plumbing and other systems; damage to, or repair of automobiles; illness or injury to the employee or immediate family member per FMLA; other unexpected events. Employee is aware that justification to the Borough Manager regarding the emergency may be required. 8.4 PAYMENT OF ANNUAL LEAVE UPON TERMINATION Upon separation of a regular employee, accrued annual leave shall be compensated for in a lump sum at the present earnings rate of the employee pursuant to AS 23.05.140(b), as that provision may be amended from time to time. NOTE: As of January 1, 2009 Alaska Statute 23.05.140(b) reads as follows: “…If the employment is terminated by the employer, regardless of the cause for the termination, payment is due within three working days after the termination. If the employment is terminated by the employee, payment is due at the next regular pay day that is at least three days after the employer received notice of the employee’s termination of services. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 44 of 100 Page 22 8.5 MANDATORY LEAVE All employees must utilize a minimum of ten (10) days leave per annum. Excess annual leave (over seventy-five (75) working days) will automatically be transferred into the sick leave account at the end of the calendar year. 8.6 DONATION OF LEAVE Employees may donate hours of annual leave to a fellow employee who has suffered, or is suffering, a serious personal emergency or disaster such as lingering or terminal illness of the employee, or of a member of the employee’s family, or the loss of home and belongings due to fire or natural disaster. Leave donations must be requested in writing and be approved by the Borough Manager. Donations will reflect as a reduction in annual leave hours to the Donor and an increase of the same number of annual leave hours to the Donee. 8.7 SICK LEAVE Each full-time regular employee shall accrue sick leave from the date of employment at the rate of fifteen (15) days per calendar year pro-rated by 26 pay periods of 80 hours each regardless of length of service. For regular part-time employees working less than 30 hours a week and regular full-time employees working 30 + hours but less than 40 hours a week, sick leave accrual will be pro-rated based upon regularly scheduled hours per pay period. Sick leave is available for use by the employee or if the employee’s dependent child (as found in the “Definitions” portion of Section 8.8 Family/Medical Leave) or spouse is sick and requires the physical presence of the employee in the interest of family welfare. Employees not able to work due to illness shall notify their supervisor within two hours of the scheduled reporting time. When sick leave exceeds three (3) consecutive work days, a statement from a licensed health care practitioner may be required to substantiate the leave taken. If sick leave is not sufficient to cover an absence due to illness, leave shall be charged to annual leave, then to leave without pay. Accrued sick leave may be used during the probationary period. Excess annual leave (over seventy-five (75) working days) will automatically be transferred into the sick leave account at the end of every calendar year. No cash payment will be made to an employee for unused sick leave when the employee terminates from Borough Service. 8.8 FAMILY/MEDICAL LEAVE An employee is entitled to the provisions of the Federal Family and Medical Leave Act and the state law provisions of AS 39.20.500-550, as they may be amended from time AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 45 of 100 Page 23 to time, and the following paragraphs shall apply unless in conflict with those provisions of law. In compliance with the state and Federal Family and Medical Leave acts (including any amendments) family leave (sick leave) may be utilized by eligible employees for a serious health condition of the employee, their child, spouse or parent. Up to twenty-four (24) weeks in any twenty-four (24) month period may be utilized for this purpose, with a maximum of eighteen (18) weeks allowed in any twelve (12) month period (i.e. an employee who opts to take eighteen (18) weeks in the first twelve (12) months would then have six (6) weeks remaining to take in the following twelve (12) months). The Family and Medical Leave Acts allow for family leave to be utilized by eligible employees for pregnancy and birth of a child of the employee, or the placement of a child, other than the employee’s stepchild, with the employee for adoption. The right to take leave for this reason expires on the date one year after the birth or placement of the child. Up to eighteen (18) weeks within a twelve (12) month period may be taken for this purpose. The twelve (12) month period will be calculated from the day the employee first utilizes family/medical leave. Eligibility – Employees are eligible to use family leave for the purposes outlined above if they have been employed at least thirty-five (35) hours a week for six (6) consecutive months or seventeen and one-half (17.5) hours a week for twelve (12) consecutive months immediately preceding the leave. The following parental leave policy applies to those employees having worked ten (10) months preceding parental leave: Parental Leave: An employee who has been employed for not less than ten (10) consecutive months is entitled to take a total of six (6) months leave of absence immediately preceding and following the childbirth or adoption. The employee requesting parental leave may receive cash payment in lieu of up to ten (10) days accumulated annual leave. A request for this payment must be made at least thirty (30) calendar days in advance. The employee who desires to resume employment following parental leave shall submit a request for leave at least thirty (30) calendar days prior to any parental leave, unless extenuating medical circumstances prevent such notice. The employee shall be reinstated with no loss of time in service. All family/medical leave will first be charged to sick leave, then to annual leave and then to leave without pay. Employees may choose to retain a balance of five (5) days paid leave before switching to leave without pay. Leave without pay provisions as outlined in this document will apply. Employee Notice – If the necessity for leave is foreseeable based on an expected birth or adoption or planned medical treatment or supervision, the employee shall provide the Borough with at least thirty (30) calendar days notice prior to the expected need for AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 46 of 100 Page 24 leave wherever possible. Where thirty (30) calendar days notice is not possible, the employee is required to provide such notice as is practicable. The employee shall also make a reasonable effort to schedule treatment or supervision so as not to disrupt unduly the operations of the Borough, subject to the approval of the employee’s health care provider. Group Health Coverage – During the time that an employee is on leave under the Act, the Borough will maintain coverage under the group health plan at the level and under the conditions that coverage would have been provided if the employee had been employed continuously from the date the leave began to the date the employee returns from leave. Employees who pay premiums for health insurance coverage by paycheck deduction will still be responsible for those premiums while on leave without pay. The Borough’s obligation to maintain health insurance coverage will cease if an employee’s premium is thirty (30) calendar days late. The Borough may recover the costs for maintaining health insurance coverage for an employee on unpaid leave if the employee fails to return from the entitled leave period for a reason other than the recurrence or continuation of a serious health condition or other circumstances beyond the control of the employee. Certification – The Family/Medical Leave Act contains a provision allowing employers to verify the existence of a “serious health condition” before granting an employee’s leave request. Employees requesting leave because of a serious health condition may be required to produce a “certification” from the treating licensed health care provider of the patient. The Borough may also, at its own expense, require a second opinion to ascertain the validity of the certification provided by the treating licensed health care provider. Return to Work – The Borough at its discretion may require a certificate from an attending physician that the employee who has taken family medical leave is able to return to work. Employee’s Rights Upon Return From Leave – Unless the Borough’s business circumstances have changed to make it impossible or unreasonable, when an employee returns from leave mentioned above, the Borough shall restore the employee to the position of employment held by the employee when the leave began; or to a substantially similar position with substantially similar benefits, pay, and other terms and conditions of employment. Definitions - “parent” means a biological or adoptive parent, a parent-in-law, or a stepparent. “child” includes the employee’s biological, adopted, or foster child, stepchild, or legal ward who is under 18 years of age, or 18 years of age or older and incapable of self-care because of mental or physical disability. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 47 of 100 Page 25 “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility; or continuing treatment or continuing supervision by a health care provider. 8.9 LEAVE-WITHOUT-PAY Leave-without-pay, if approved by the Borough Manager, may be granted to an employee not to exceed thirty (30) days. Annual and sick leave do not accrue when the employee is in a leave-without-pay status longer than ten (10) working days. Employees who are in a leave-without-pay status longer than ten (10) working days will also not be eligible for holiday pay. Under the Public Employees Retirement System (PERS), leave-without-pay exceeding ten (10) working days is not creditable service. Employees in leave-without-pay status for more than ten (10) working days for a reason other than family/medical leave will be responsible for paying that portion of the health insurance premium for the leave taken beyond ten (10) working days. Exempt employees in leave-without-pay status will not have any reduction in pay for absences of less than a full day (eight hours) of leave-without-pay in recognition of the fact that exempt employees are not eligible for overtime pay. 8.10 EDUCATIONAL LEAVE-WITHOUT-PAY Educational leave-without-pay may be granted for educational purposes directly related to employment with a specific benefit to the Kodiak Island Borough. Approval will be contingent upon the work schedule allowing the time to be taken without a disruption to Borough business. If approved by the Borough Manager, this leave may be granted to an employee not to exceed one hundred and twenty (120) calendar days. Annual and sick leave do not accrue when the employee is in an educational leave-without-pay status longer than ten (10) working days. Employees who are in an educational leave- without-pay status will not be eligible for holiday pay during the period they are on educational leave-without-pay status. 8.11 HOLIDAY LEAVE The following holidays shall be recognized by the Borough: New Year’s Day 1st January Martin Luther King’s Birthday 3rd Monday in January Washington’s Birthday 3rd Monday in February Seward’s Day Last Monday in March Memorial Day Last Monday in May AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 48 of 100 Page 26 Independence Day 4th July Labor Day 1st Monday in September Veteran’s Day 11th November Thanksgiving Day 4th Thursday in November Thanksgiving Friday Day after Thanksgiving Christmas Day 25th December Employee’s Birthday An employee’s birthday shall be observed on a workday mutually agreed to by the employee and the Employer three months prior or three months after their actual birthday. Employees who ask to celebrate their birthday holiday during the month in which it falls will not be unreasonably denied. In addition to Borough recognized holidays, every day designated by public proclamation by the President of the United States or the Governor of Alaska as a legal holiday shall also be observed as a holiday for Borough employees. (Alaska Day was traded for Thanksgiving Friday and Lincoln’s Birthday was traded for Employee’s Birthday by negotiation.) In the event of a recognized holiday falling on Saturday, the preceding Friday shall be observed. In the event of a recognized holiday falling on Sunday, the following Monday shall be observed. All employees shall be excused from work on recognized holidays and special holidays, except where the activities of the Borough require that regular or emergency work be performed. In the event that holiday work is required, the rate of pay for employees working on holidays shall be at double time for all hours worked in addition to the regular holiday pay. A supervisor who has employees whose normal workweek is outside the workweek of Monday through Friday has the right to change the holiday work schedule in order to meet the needs of the public, with the approval of the department head. 8.12 BEREAVEMENT LEAVE Accrued sick leave, or at the employee’s option, annual leave or leave without pay, not to exceed five (5) days may be used by an employee upon the death of a member of the employee’s, their spouse’s or same-sex domestic partner’s immediate family (provided the State of Alaska’s Political Subdivision Health Plan Same-Sex Partner Affidavit is completed and on record with the Borough). Immediate family is defined as spouse, siblings, son, daughter, parents, stepparents, stepsiblings, father-in-law, AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 49 of 100 Page 27 mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparents and grandchildren. Up to three (3) additional days of sick leave, annual leave, or leave without pay may be granted to accommodate required travel. 8.13 WORKERS’ COMPENSATION LEAVE During periods of on-the-job injury recuperation, the employee shall be eligible for Workers’ Compensation Benefits and will be placed on Worker’s Compensation Leave. All fringe benefits will continue to accrue while in this status. It is the intent of this policy that the employee’s take home pay for a period not to exceed ten (10) weeks will remain the same throughout the recuperation period as his/her regular take home pay prior to the injury. Sick and annual leave will be used as follows: 1. The first three (3) days should be sick leave or upon employee request, annual leave, or leave without pay if no other leave is available. For a new regular employee on probation status who has not accumulated a combined total of three (3) days of sick and annual leave, the three (3) days will be charged first to sick leave, then annual leave and finally the salary line item for the employee. 2. For the remaining days until the end of ten (10) weeks measured from the date of initial leave taken, an amount equal to the difference between the employee’s take home pay prior to the injury and the amount received from Worker’s Compensation will be paid to the employee by the Borough and charged to the salary line item for the employee. If the absence exceeds twenty-eight (28) calendar days and Worker’s Compensation then picks up the original three (3) days of paid leave the employee must repay the Borough for the three days’ pay. The Borough will then credit the employee’s records for deductions as a result of an on-the-job injury. The credit will be applied first to the salary line item, and then to sick leave. An employee can remain on Worker’s Compensation Leave for up to six (6) months or until determined to be permanently or totally disabled or permanently partially disabled and unable to return to work, whichever comes first. The Borough will not, however, supplement any Worker’s Compensation benefits provided for by its compensation insurance carrier for any settlements of industrial accident claims. When any such settlement is made, disability shall be presumed to terminate on the date of such settlement. 8.14 COURT DUTY Court duty, including jury service, shall be treated as administrative leave from Borough duty without loss of longevity, leave, or pay. Service in court when subpoenaed as a AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 50 of 100 Page 28 witness on behalf of the Borough, or when called as an expert on a matter of Borough concern, or relating to a Borough function, or the employee’s job performance will be considered administrative leave. Fees paid by the court (other than travel and subsistence allowance) will be turned in for deposit to the Borough except that fees paid for court duty that occurs on the employee’s normal non-work days may be retained by the employee. Witness service for personal purposes will be covered by annual leave, or leave-without-pay, and any fees received in this connection may be retained by the individual. Employees, upon receiving written notice of being called for jury duty, will immediately provide their supervisor with a copy of such notice. In the event an employee is called for court duty in Kodiak, when excused, he or she shall return to work within a reasonable time, not to exceed one hour. If the employee is serving court duty outside the City of Kodiak, he or she shall return to work within one hour upon returning to Kodiak. 8.15 MILITARY LEAVE Employees who are called up for active duty in a branch of the U.S. Armed Forces or who are members of a U.S. Military Reserve component shall be entitled to leave and re-employment benefits as prescribed by State and Federal Laws. Absence from Borough duty for the purpose of participating as a member of a United States reserve component, either in active military service of the State, or in military training, is authorized and will be treated administratively (in the case of the employee who has completed probationary service) in such manner that the individual will not suffer a decrease in income or a loss of benefits during the first two weeks of the military active duty or training period. The Borough Manager will be provided with a copy of the individual’s orders to duty. The absence will be recorded, during the first ten (10) working days, as administrative leave without charge to the employee’s leave account. Military pay paid to the employee for this period of time (equivalent to 80 hours of work) will be turned over to the Borough. 8.16 UNAUTHORIZED LEAVE Any absence not authorized and approved, in accordance with the provisions set forth herein, may be grounds for disciplinary action up to and including termination. Provided, however, that any employee who has verified that they were unable to return to duty due to weather and/or an emergency shall not be subject to disciplinary action under this section. 8.17 SICK LEAVE BANK All Kodiak Island Borough regular employees are eligible to participate in a Sick Leave Bank. The Sick Leave Bank shall be administered by the Manager. It is the Manager’s responsibility to approve or deny requests for Sick Leave Bank usage. In the case of denial, the request for Sick Leave Bank usage may be appealed to the Personnel AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 51 of 100 Page 29 Advisory Board. The Personnel Advisory Board’s decisions regarding Sick Leave Bank usage will be final. Each employee enrolling in the Bank will donate one (1) day of his/her sick leave to the Bank each year, until the Bank is built up to a maximum of three hundred (300) days. No more days will be added to this maximum until the Bank is depleted to two hundred fifty (250) days except for new participants. The Finance Department shall maintain an accounting of the Sick Leave Bank balance at all times. This information will be available to any member upon request. Contributions will be made to the Bank once a year in the month of January according to the above limitations. The employee will be responsible for submitting donation forms between January 1 and January 31. In the event that the Bank becomes totally depleted during the year, each member of the Bank may donate additional days up to a maximum donation of three (3) days per year. An employee withdrawing from membership in the Bank will not be able to withdraw the contributed days. An employee will not be able to withdraw days from the Bank until all of his/her own accrued sick leave and annual leave have been depleted. The maximum number of Sick Leave Bank days available to a member shall be twenty-two (22) days in any calendar year. In the case of multiple requests, if there are not enough days in the Bank to cover the requests in full, the available days will be split evenly between the requesting employees. Employees withdrawing Sick Leave Bank days will not be required to replace these days except as a regular contributing member of the Bank. Employees withdrawing Sick Leave Bank days may voluntarily contribute additional days to the Bank. Sick leave days can only be withdrawn from the Bank for the individual member’s illness or injury. Normal pregnancy leave and parental leave not associated with illness or disability under Section 707 of the Personnel Rules and Regulations are not eligible for Sick Leave Bank requests. Requests for use of Bank days will be forwarded by the employee to the Manager and must be accompanied by a letter from the attending physician. The approval of the request shall be subject to the attending physician’s supportive statement. Approved requests will then be forwarded to payroll for processing. The Kodiak Island Borough leave form shall be used as verification of sick leave donated to the Sick Leave Bank. Qualifications for Membership in Sick Leave Bank: A. Only regular full time or part time employees are eligible to participate in the Sick Leave Bank. B. Only contributing members of the Sick Leave Bank are eligible to use the Bank. C. Members may use the Sick Leave Bank only after they have completed their probationary period. Date of hire will determine eligibility. An AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 52 of 100 Page 30 employee may contribute to the Bank as soon as all other requirements are met. Article 9: SENIORITY 9.1 SENIORITY Seniority as used herein shall mean the length of continuous employment by the Employer within job classifications covered by this Agreement. Employees shall not accumulate seniority during the period of probationary employment. After employees have completed the probationary period, seniority shall be dated from the date of hire as a probationary employee. The seniority of an employee shall terminate under any of the following conditions: a) When laid off for a period of twelve (12) consecutive months; b) When an employee resigns from employment with the Borough; c) When an employee is discharged for cause; or d) When an employee temporarily laid off fails to return to work within ten (10) working days after written notice requesting the individual to return to work is delivered by certified mail to the individual’s last known address or to the individual personally, or fails to notify the Employer of an intention to return to work within forty-eight (48) hours after having received such notification. In the selection of shifts and vacations, seniority shall prevail insofar as practical in the best interest of service. In the filling of vacancies in positions covered by this Agreement, seniority shall be given full and fair consideration and where ability and qualifications are considered equal by the Employer, seniority shall prevail, providing that the employee has met the application time lines as defined in the hiring procedures. Article 10: DISCIPLINE 10.1 DISCIPLINE Any employee discharged or suspended for disciplinary reasons shall be furnished, in writing, the reasons for such action. In the event an employee (other than a probationary employee) is discharged, the employee may forward to the Shop Steward a notice of the termination and the reason for the action. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 53 of 100 Page 31 No bargaining unit employee shall be disciplined or discharged without cause. Bargaining unit employees may at their request have union representation at disciplinary or investigatory meetings where the employee has been informed or has reason to believe that disciplinary action could result from the meeting. It is the intent of the Employer to utilize progressive discipline, however, the level of discipline will depend on the actual circumstances and severity of the employee’s misconduct. Progressive discipline would normally be: 1. Verbal Counseling & Warning 2. Written Warning via Disciplinary Action Memo 3. Discharge Disciplinary Action Procedure: All disciplinary actions, except verbal counseling & warning shall be documented on a Disciplinary Action Memo to the employee and the employee’s personnel file. The employee shall be given a chance to read the memo. It shall then be reviewed with the employee and a sincere effort shall be made to obtain agreement with the employee that facts are stated correctly, that the inappropriate or incorrect behavior did occur, that it did represent behavior that should be disciplined, that the discipline is appropriate and that the behavior will not be repeated. If errors are found, the Disciplinary Action Memo shall be rewritten and again reviewed. Comments of the employee shall be entered under that heading. The employee shall be requested to sign the memo and be informed that his or her signature indicates only agreement that the memo accurately records the discussion. If the Employee refuses to sign the memo, the statement shall be entered. “(Employee’s Name) read the contents on (date) and refused to sign” The supervisor may, if necessary, complete reviews of the employee’s progress in correcting the cause of the original action at three, six and nine months - or any other intervals. These reports shall be made on a standard Evaluation Report form. Thirty-six months from the date of the action concerned, the Borough Manager shall review the disciplinary action and if it is determined that the problem has been resolved, all copies of the Disciplinary Action Memo shall be returned to the affected employee, provided that a record shall be maintained that a Disciplinary Action Memo had been filed but was removed. Article 11: TRAINING 11.1 NEW EQUIPMENT TECHNOLOGY OR PROCEDURES AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 54 of 100 Page 32 The Employer shall provide, or make available, updated training to qualified employees as required with the introduction of new equipment, technology, and/or procedures. 11.2 TUITION REFUNDS Consideration will be given toward reimbursement of 100 percent of the tuition expense, books, and lab fees if an employee successfully completes coursework considered to relate to the employee’s present duties and to be of benefit to both the Borough and employee involved. Written concurrence from the department head and the Borough Manager shall be obtained in each case before beginning the pertinent course of study. If the reimbursed tuition amount exceeds five hundred dollars ($500) the employee shall sign and abide by the following tuition agreement. The maximum reimbursable tuition amount is $2,500 per employee per year. The Borough shall not reimburse any employee for tuition and/or associated costs that have or will be paid by a third party. Upon successful completion of the course involved, the employee shall furnish his/her department head with evidence of successful course completion (a grade of C or better or a certificate of completion) and a receipt of the course fee. Upon approval of the reimbursement process by the Borough Manager, the reimbursable cost will be paid. In the event of involuntary termination, the employee shall not be required to repay tuition. 11.3 TUITION AGREEMENT I ____________________________ agree to abide by this tuition agreement and understand that if I should leave Borough employment within twelve (12) months after completing the reimbursed coursework listed below that I will be subject to forfeiture of accumulated leave and/or salary on a pro-rated basis in the amount equal to the cost of the course(s). Course: Location: Cost: Date Completed: Twelve (12) months of employment with the Kodiak Island Borough following the completion of the above coursework results in full forgiveness of any obligation to repay the Kodiak Island Borough. __________ __________________ ________________ AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 55 of 100 Page 33 Date Employee Name (Print) Employee Signature __________ ___________________ _________________ Date Supervisor Name (Print) Supervisor Signature 11.4 SPECIAL TRAINING Employees who attend courses or conferences or receive special schooling that is reimbursed or paid for by the Borough will be subject to the terms of the following special training agreement. Any employee terminating employment prior to working one year after completion of an approved special training program (defined as any training or schooling for which the Borough pays $2,500 or more including cost of the training program plus travel), unless terminated for a justifiable reason, will be subject to forfeiture of accumulated leave and/or salary on a pro-rated basis in the amount at or above $2,500 of the cost of the training program plus travel. When attendance at a training program is mandatory as determined by their department head, the employee shall be compensated at their regular rate of pay for all scheduled training hours. In addition, the Borough shall pay for the cost of registration, tuition, publications, transportation, and per diem, and he/she shall be exempt from signing the Special Training Agreement. Approval for training is subject to availability of budgeted funds and must be approved by the Borough Manager or his designee. 11.5 SPECIAL TRAINING AGREEMENT To prevent misunderstanding at the time of separation for those employees having participated in Special Training Programs, the following has been provided: The undersigned employee of the Kodiak Island Borough understands that the training for which he/she requests Borough payment (such) training to take place _________________ _______________________ _____________________ (Date of Training) (Location of Training) (Title of Training) satisfies the standards set for SPECIAL TRAINING. The undersigned employee agrees to abide by this special training agreement and understands that if he/she should leave Borough employment within one (1) year after completing the reimbursed training that AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 56 of 100 Page 34 he/she will be subject to forfeiture of salary on a pro-rated basis in the amount at or above $2,500 of the cost of the training plus travel. One (1) year of employment with the Kodiak Island Borough following the completion of the above training results in full forgiveness of any obligation to repay the Kodiak Island Borough. _____________ _________________________ __________________________ Date Employee Name (PRINT) Employee Signature _____________ _________________________ __________________________ Date Supervisor Name (PRINT) Supervisor Signature 11.6 TRAINING The Employer and the Union will cooperate in encouraging training programs including government-funded programs, which will provide initial and advanced training for employees. Within budget limitations, training offered shall particularly emphasize requirements for occupational certification, job skill enhancement, accident prevention, employee safety and public relations. Article 12: BENEFITS 12.1 HEALTH AND WELFARE BENEFITS 12.1.1 The Borough agrees to participate in, and contribute to, the Alaska Electrical Health and Welfare Trust Fund (AETF), for the purpose of providing certain health and welfare benefits to eligible regular employees under Medical Plan 551, Dental Plan 601, Vision Plan 701, Disability Plan 801, and Life and AD&D Plan 901. Coverage begins on the first day of the first month which falls on or after the employee’s date of hire. Coverage terminates the month following the employee’s date of separation from the Employer or extended leave without pay absences. For example: An employee hired on June 1 will be covered for June. An employee hired on June 2 will be covered beginning July 1. In consideration of receipt of the transferred funds the Alaska Electrical Health and Welfare Trust Fund and Union hereby agree to indemnify and hold harmless the Kodiak Island Borough from any and all claims and actions of whatever nature or consequence arising from the exemption of Bargaining Unit members from the Health Plan, including any claims arising from no-coverage of eligible employees and qualified spouses or dependents. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 57 of 100 Page 35 12.1.2 FUTURE INCREASES The AETF will inform the Borough of any increase in premium amount by March 15 of each year. Effective April 1, 2015, the Borough shall change the monthly medical contribution to the Alaska Electrical Health and Welfare Trust (rounded to the next dollar) for each eligible employee by 90% of the annual premium increase as provided by the Trust, with the employee paying ten percent (10%) of the annual premium increase; not to exceed a 10% increase in the base contribution per annum. The AETF shall advise the Borough of the pre-tax contribution amount that employee’s shall contribute per month to the Alaska Electrical Health and Welfare Trust through payroll deduction. If premium increases exceed ten percent (10%), the Union and the Borough agree to meet and confer over shared cost alternatives. 12.1.3 CONTRIBUTIONS The Borough agrees to make the appropriate contributions to the health and Welfare Trust on or before the fifteenth day of the month following the month in which the hours were worked. The amount the employee contributes, if any, for Health and Welfare Trust benefits will be split equally between the first two (2) pay periods in each month. Effective January 1,2020: Coverage Total Premium KIB Pays Employee Pays All Employees $2152.00 $1983.00 $169.00 a) The Borough shall provide, on a non-contributory basis, a group Life and Accidental Death and Dismemberment insurance plan for each eligible, regular employee. The program of benefits will be as described in a Master Contract between the Borough and insurance carrier. b) Eligible employee is defined as either: 1) a regular full-time employee, or 2) a regular part-time employee working at least twenty (20) hours per week. c) Regular part-time employees who are eligible for, and elect to have insurance coverage, shall continue to pay a proportional share of the premium. d) An employee on an approved leave of absence may elect to pay the premium for Borough-wide health insurance during this period, if allowed under the group insurance contract. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 58 of 100 Page 36 e) The Borough also provides a non-contributory Accident Travel Insurance policy, which provides $100,000 coverage to employees who are traveling on official Borough business. f) The Borough will provide continuation of regular health insurance benefits for employees who utilize family and medical leave and parental leave for a period not to exceed the time limits outlined in the State and Federal Family and Medical Leave Acts and the Borough parental leave policy. If the employee pays a premium for health coverage for dependents, they are still responsible for payment of their portion of the premium while on leave. g) The Borough will provide a non-contributory short and long-term disability insurance program for each employee. 12.1.4 HEALTH CARE REFORM Should state or federal legislation mandate changes in cost, premiums, care coverage or penalties, the parties agree to reopen Article 12.1.3 Contributions of the Agreement. 12.2 RETIREMENT Kodiak Island Borough is a member of the Alaska Public Employee’s Retirement System (PERS). Accordingly, all deductions shall be made according to the regulations of that system. All employees will receive the PERS booklet and it will also be available in the payroll and Manager’s offices. 12.3 JOINT HEALTH CARE COMMITTEE The Borough and Union recognize that there have been and likely will continue to be major changes which affect health care coverage for Borough employees. In the spirit of cooperation and in an effort to effectively deal with rapidly changing insurance issues, it is agreed that the Borough and Union will utilize a joint health care committee comprised of the Borough Manager or their designee, two individuals designated by the Borough, and two individuals designated by the IBEW Business Representative to address insurance issues. This committee will meet on a mutually agreed basis. The committee has no authority to bind the Borough or the Union and will make recommendations regarding what the committee believes to be effective measures to deal with health care issues. Article 13: EMPLOYMENT PRACTICES 13.1 PERSONNEL RECORDS The Borough Manager shall provide and maintain central files for records of the personal and work history of each employee in the Borough service. No personnel files shall be maintained elsewhere in the Borough either by the Manager or department heads. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 59 of 100 Page 37 Employees shall have access to their own confidential personnel file in the Human Resources Department at reasonable times in the presence of the Human Resources Officer or designee. Prior approval by the Borough Manager is required to access personnel files by other than the employee’s immediate supervisor and department head, Human Resources Officer or designee, or the head of a Borough department in which an employee has applied for promotion or transfer. Except as provided by law or required by a court order, all other persons or entities are barred from reviewing an employee’s personnel files without the employee’s written consent and upon written approval of the Borough Manager. Additionally: 1. Employees will be allowed access to their personnel files without the permission of their supervisors. 2. Employees will not be allowed to remove their personnel files from the office; however, employees may request copies of documents from their personnel files and these copies may be removed. 3. Supervisors will not be notified when employees request access to their personnel files. 4. All copies of Disciplinary Action Memos removed from a personnel file shall be returned directly to the affected employee, provided that a record shall be maintained that a Disciplinary Action Memo had been filed but was removed. 5. No supervisory employee(s) will retain copies of Disciplinary Action Memos removed from an employee’s personnel file. Medical records shall be safely secured and kept separate from the employee’s personnel file. Access to these files shall be restricted to the Manager, Human Resources Officer or designee and the employee. Such records shall not be released for any reason other than a medical emergency, in which event they may be released to a licensed health care practitioner, unless the employee gives written consent allowing the release of his/her medical file. 13.2 PAYROLL PROCEDURES It is the policy of the Kodiak Island Borough to pay employees by check or by voluntary written authorization for direct deposit (as available) on a regular basis and in a manner so that the amount, method, and timing of such payments comply with any applicable laws or regulations. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 60 of 100 Page 38 Employees will normally be paid on Friday on a biweekly basis. If the regular payday occurs on a holiday, employees will be paid on the last working day prior to the regular payday. Employees on each payday will receive, in addition to their check or deposit advice, a statement showing gross pay, deductions, and net pay. Local, state, federal and social security taxes will be deducted automatically. No other deductions will be made unless required or allowed by law, contract, or employee written obligation. Employees may elect to have additional voluntary deductions taken from their pay only if they authorize the deductions in writing. When an employee separates from the Borough any wages due shall become payable immediately and shall be paid pursuant to AS 23.05.140(b), as that provision may be amended from time to time. NOTE: As of January 1, 2009 Alaska Statute 23.05.140(b) reads as follows: “…If the employment is terminated by the employer, regardless of the cause for the termination, payment is due within three working days after the termination. If the employment is terminated by the employee, payment is due at the next regular pay day that is at least three days after the employer received notice of the employee’s termination of services. 13.3 TIME SHEETS Copies of the employee’s time sheets shall be made available, upon request, by the employee or his/her designee. 13.4 PAY CHECK ERRORS In the event an employee disputes the amount of any compensation on his/her paycheck, the employee shall notify the Borough’s designated payroll representative. The Borough shall rectify any verified paycheck errors upon receipt of such notice. Paycheck errors of less than 5% of gross pay shall be rectified on the next paycheck. Paycheck errors that are over 5% of gross pay shall be rectified within 3 working days after such notice. 13.5 MOVING EXPENSES FOR NEW EMPLOYEES The Borough Manager may specify positions in high demand and short supply requiring moving expenses for the purpose of accepting employment with the Borough, upon approval of the Borough Assembly. Such positions may be reimbursed for actual and necessary expenses under the following conditions: a. The employee must be appointed to a position for which the Borough Manager certifies that such expenditure is necessary to recruit qualified employees. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 61 of 100 Page 39 b. The maximum reimbursable for an employee shall be determined at the time of employment in accordance with current costs not to exceed the equivalent of one month’s salary. c. New employees who are assisted with their moving expenses shall be required to sign the following Transportation Agreement prior to employment. The Transportation Agreement shall stipulate that the employee will reimburse the Borough for all or part of such expenditures in the event he or she voluntarily leaves Borough service, or is discharged for cause, within a period of two (2) years according to the following schedule: 100% - Less than twelve (12) months 75% - Twelve (12) but less than eighteen (18) months 50% - Eighteen (18) but less than twenty-four (24) months d. New employees may not be given an advance against moving expenses without prior written approval of the Borough Manager. e. It is the responsibility of the appointing authority to see to it that prospective new employees are aware of pertinent limitations of these regulations before a move is made. f. New employees shall be advised by the appointing authority of dollar limitations, the need for itemized receipts or invoices, the meaning of the Transportation Agreement, and other pertinent matters prior to their move. 13.6 TRANSPORTATION AGREEMENT The Kodiak Island Borough and ____________________ hereby enter into this agreement concerning transportation costs. The Kodiak Island Borough agrees to provide an amount not to exceed $______________ (a maximum of one month’s salary for above noted employee) to partially defray the transportation costs of a move from ____________________________. Actual receipts will be provided to substantiate the above amount of funds. In return, ________________________________ agrees to remain in the employment of the Kodiak Island Borough for a period of two years. The above named employee will reimburse the Borough for all or part of such expenditures in the event he or she voluntarily leaves Borough service, or is discharged for cause, within a period of two (2) years according to the following schedule: AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 62 of 100 Page 40 100% - Less than twelve (12) months 75% - Twelve (12) but less than eighteen months 50% - Eighteen (18) but less than twenty-four (24) months At least two years of employment with the Kodiak Island Borough results in full forgiveness of any obligation to repay the Kodiak Island Borough. This agreement is effective on this _____ day of ________________, 20___. __________________________ ______________________ Manager, Kodiak Island Borough Signature of Employee 13.7 CLOTHING ALLOWANCE Where special clothing or a uniform is required for the position, a clothing reimbursement of Seven hundred dollars ($700) per year shall be allowed. The yearly amount to be paid shall be based on the cost of the required clothing as determined on the clothing reimbursement form. All payments will be in accordance with current I.R.S. regulations. 13.8 BOROUGH VEHICLES The Borough maintains pool cars for official travel of its employees. These vehicles are to be used for Borough business only and shall not be used for private trips. Hitchhikers are not allowed to ride in Borough vehicles. No one shall operate a Borough vehicle without a current and valid driver’s license. In accordance with Ordinance 90-17, there will be no smoking in any Borough vehicle. 13.9 PRIVATE AUTOMOBILE USAGE On rare occasions it may be necessary and prudent to use a private automobile in the performance of official duties. Reimbursement for such travel will be at the current prescribed rates as determined by the Internal Revenue Service. No employee will be paid mileage allowance for travel between his normal place of duty and his residence. Some on-call personnel are provided with the use of official vehicles as deemed necessary by the Manager or his designee. 13.10 GIFTS AND GRATUITIES It shall be the responsibility of each Borough employee to remain free from indebtedness or favors which would tend to create a conflict of interest between personal and official interests, or might reasonably be interpreted as affecting the impartiality of the individual employee. If an employee is tendered or offered a gift or AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 63 of 100 Page 41 gratuity (de minimis, under $100, gifts will not be subject to this section) which would, in the eyes of the public or in the eyes of public officials, be construed to be an attempt to bribe, influence, or to encourage special consideration with respect to Borough operations, such offer shall be reported without delay to the Borough Manager. Any person either soliciting or receiving such a gift, gratuity, consideration, or extraordinary favor will be subject to the disciplinary procedure. 13.11 PROFESSIONAL ORGANIZATION DUES The Borough will pay dues to one approved professional organization for each professional member of the staff, where such professional organization is for the purpose of improving personal abilities and qualifications. 13.12 EMPLOYMENT OF FAMILY MEMBERS No person may be employed in a position supervised by a family member. Additionally, family members shall not be placed in a position such that one member has authority to approve the work, personnel documents, expense account, or time records of another family member. An exception to this rule will be made if requested by the Borough Manager and approved by the Borough Assembly. Family members shall be described as follows: spouse, father, mother, brother, sister, son, daughter, step-mother, step- father, step-brother, step-sister, stepson, stepdaughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, and grandparents. A) If two employees marry who are employed in any position in which the office or employee may be able to directly or indirectly supervise, control or influence the work or employment status of the relative or the affairs of the organizational unit in which the relative is to be employed, they shall give immediate notice of the marriage to the Manager. At an appropriate time, the least senior of one of the spouses may be transferred to another assignment within the Borough. The decision to transfer shall not: 1) Alter the transferring spouse’s salary and/or benefits, and 2) Alter the seniority standard described above. B) If one of the spouses agrees to a voluntary transfer, the seniority standard for involuntary transfer shall not apply. C) It is agreed that if a Borough employee is to be transferred as a result of this provision and there is no comparable position available that the Manager may use his discretion in making reassignment of the individual. However, the employee shall suffer no loss in salary, benefits, or seniority. 13.13 OTHER EMPLOYMENT AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 64 of 100 Page 42 No employee shall engage in any other employment, whether public, private or self- employment, during scheduled work hours, nor outside scheduled work hours if such employment conflicts with the Borough’s interests or adversely affects the employee’s availability and usefulness. 13.14 TRAVEL Employees who are traveling out of town on official business will be reimbursed for reasonable expenses by the Borough. The Borough will provide for and/or reimburse the employee for transportation costs. Transportation will normally be by air and supplemented by such ground or water transportation as is necessary. All other costs incident to such travel, and of a normal and necessary nature will be reimbursed. Such expenses would include: hotel rooms, auto rental, and telephone. Employees will be paid a per diem for meals equal to the amount listed in the current US Government Services Administration (GSA) agency schedule. It should be noted that for non- contiguous states (Alaska and Hawaii) the GSA uses the Department of Defense Rates. These rates can be found on the Federal Government web site at http://www.gsa.gov. The federal government regulations also specify that on the first and last day of travel, per diem will be 75% of the daily rate. When an employee is on official business not requiring an overnight stay, per diem will be 75% of the daily rate. All employees on official travel are expected to make every effort to minimize the cost of travel. Examples of costs that will not normally be reimbursed are first class air travel, gourmet meals, alcoholic beverages, party expenses, plush hotel suites, etc. Before embarking on any travel and prior to submitting travel-related check requests for purchase orders, employees must submit a Travel Authorization Form (see sample form in Appendix B – Forms Section). Hotel rooms will generally be reserved and paid using the purchase order system. Reimbursement may be requested for hotel rooms with proper receipt submittal. An advance for per diem can be requested prior to travel. 13.15 STRANDED WHILE ON BOROUGH TRAVEL If due to inclement weather or other adverse conditions, employees traveling on Borough business become stranded away from their Kodiak office location the following will apply: A) The employee will not suffer a reduction in wages or benefits as a result of being unable to return to his/her principal work location. B) The employee will be provided with room, as outlined in Section 13.14 above, and necessary transportation at the Borough’s expense. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 65 of 100 Page 43 C) The Borough will reimburse the employee for any other reasonable, necessary expenses they would not normally have incurred had they been in Kodiak. An example of such an expense would be reimbursement for any childcare expenses that might result from the employee being stranded away from Kodiak. The above will not be reimbursable if an employee has extended his/her travel time in any way for personal reasons and becomes stranded due to taking a later flight than would have been required when the Borough business was completed. 13.16 SAFETY It is a fundamental responsibility of the Borough to provide a safe work environment for its employees. It is a fundamental responsibility of the employees to abide by all safety rules and regulations and to continuously practice safety while performing their duties. The Borough will furnish such safety devices and first aid kits as may be needed for the safety and proper emergency medical treatment of employees. Employees shall use personal protective equipment as may be prescribed by State or Federal standards or the Borough. It is the responsibility of each employee to report any unsafe situation to the supervisor immediately upon recognition of the unsafe situation. 13.17 SAFETY COMMITTEE A safety committee composed of two (2) representatives from the bargaining unit appointed by the Union and two (2) representatives from the Borough will review safety programs, training, and procedures. The committee will have the right to: a. Recommend specific safety programs and training to be presented to the employees. b. Recommend corrective action for unsafe practices, procedures and devices. 13.18 PROHIBITION OF SMOKING Per Ordinance No. FY2011-06, adopted 12/02/2010 by the Kodiak Island Borough Assembly and effective on January 1, 2011, smoking is prohibited in all buildings and offices owned or leased by the Kodiak Island Borough at all times; within a distance of 50 feet outside any entrance, window or ventilation intake system of any building or office owned or leased by the Kodiak Island Borough; and smoking on the grounds of the Borough Building is prohibited at all times due to its proximity to the Kodiak Island Borough School District offices and the Kodiak High School property. 13.19 DRUG-FREE WORKPLACE As a condition of employment, all employees are required to sign and abide by the Kodiak Island Borough’s Drug-Free Workplace Policy. In accordance with this policy, any employee who unlawfully manufactures, distributes, dispenses, possesses or uses AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 66 of 100 Page 44 a controlled substance in the workplace or during working hours is subject to disciplinary action up to and including immediate dismissal. Any employee reporting to work under the influence of alcohol, drugs or intoxicants is subject to disciplinary action up to and including immediate dismissal. 13.20 POLITICAL ACTIVITIES No provisions or part of this Agreement shall abridge the statutory or constitutional rights of any employee to engage in any legal political activity. Provided, however, no employee shall, directly or indirectly, during his/her hours of employment, solicit or receive funds, or at any time use his/her authority or official influence to compel any other employee to apply for membership in or become a member of any organization, or to pay or promise to pay any assessment, subscription or contribution, or to take part in any political activity. Article 14: NO STRIKE – NO LOCKOUT 14.1 NO STRIKE, SLOWDOWNS, OR LOCKOUTS This Agreement is a guarantee by both parties that there will be no form of strikes, slowdowns, or lockouts during the life of this Agreement. Article 15: GRIEVANCE PROCEDURE 15.1 GRIEVANCE PROCEDURE Section 1. Complaints or Discussions. While not considered a grievance as defined hereafter, employees and/or the Union Stewards may engage in informal discussions with Management to attempt to settle or prevent problems prior to a formal grievance in writing, being filed. Section 2. Grievance Definition. A grievance is hereby defined as a claim violation, misinterpretation, inequitable application, or non-compliance with the provisions of this Agreement or any supplemental agreement. A grievance shall be in writing, and shall include the following: a. The nature of the grievance and the circumstances out of which it arose, including the date of occurrence or the date when the grievant(s) became aware of the problem. b. The remedy or correction the Employer is requested to make. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 67 of 100 Page 45 c. The section or sections of the Agreement relied upon, or alleged to have been violated. d. The signatures of the grievant(s) and the shop steward. e. The date the statement of the grievance was prepared. Section 3. Procedure. All grievances shall be presented to the employee’s immediate supervisor as soon as practicable but in no event later than ten (10) working days. Step One. Within ten (10) working days after written presentation of an alleged grievance, the effected employee and/or employees, and the Shop Steward shall discuss the written grievance with the designated management representative for the work function to which the employee or employees are assigned, in an effort to resolve the dispute or difference. Within these ten (10) working days, the Employer will reply, in writing, to the Shop Steward. If this reply is unsatisfactory the alleged grievance may be moved to step two, provided written notification of such move is made within five (5) working days following the receipt of the management’s step one response. Step Two. Within ten (10) working days after receipt of the notice from step one, the Union Business Representative and the Manager shall meet and discuss the alleged grievance. The Employer shall respond in writing to the Union within these ten (10) working days. Section 4. Arbitration. Grievances which have not been settled under the foregoing procedure may be appealed to arbitration via the personnel office within ten (10) calendar days from the date of the answer in step two, or if the grievance is not appealed to arbitration it shall be considered terminated on the basis of the second step answers of the parties without prejudice or precedence in the resolution of future grievances. If a request for arbitration is tendered, the Union and the Employer shall confer within five (5) working days to agree on a mutually acceptable Alaskan arbitrator. If no agreement can be reached, the parties shall select an arbitrator by the striking method from a list of ten (10) arbitrators supplied to the parties by the American Arbitration Association (AAA). The Arbitrator shall be selected within (5) working days. The order for striking shall be determined by a toss of a coin. The Union Representative shall toss the coin and the Management Representative shall call out his choice. Arbitration shall commence as soon as possible following the appointment of the arbitrator. The applicable fees and expenses of the arbitrator shall be borne equally by the parties. Each party shall be responsible for the expenses of its own witnesses and any other expenses incurred on behalf of that party. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 68 of 100 Page 46 Section 5. Authority of the Arbitrator. The arbitrator shall conduct a hearing according to generally accepted standards and procedures for grievance arbitration. The arbitrator shall have no authority to add to, alter, delete or modify the labor agreement or to issue any award on a matter not raised in the complaint. The decision of the arbitrator shall be final and binding on all parties. Section 6. Time Limits. Failure of either party to act within the time schedule set forth in this procedure without the express written agreement of the other party will be considered a default and the grievance shall be considered to be settled in favor of the non-defaulting party. The parties may mutually agree in writing to modify the time limits at any step of the grievance procedures. The mailing of the grievance appeal or response shall constitute a timely appeal or response if postmarked within the appeal/response period. Both parties will provide the other with a list of designated representatives and addresses. In the application of this article, “working days” shall exclude Saturdays, Sundays, and holidays recognized by this Agreement. Nothing in this section shall be construed to prevent settlement of a grievance by mutual agreement of the parties at any time. Article 16: UNION REPRESENTATIVES 16.1 UNION REPRESENTATIVES Duly authorized representatives of the Union shall be permitted to enter into the Employer’s premises during normal business hours for the purpose of investigating grievances and performing other essential functions as representatives of the bargaining unit. Essential functions are defined as the following: a) Ensuring compliance with the Agreement b) Investigating grievances c) Negotiations d) Investigation of safety issues e) If invited by the Borough Manager or his designee f) Employee representation within terms of Agreement The Union agrees to notify the Borough’s designated representative prior to any such visits. It is not the intent of the Union to disrupt work functions and it is not the intent of the Employer to limit the Union in its rights. 16.2 SHOP STEWARD AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 69 of 100 Page 47 There shall be three (3) Shop Stewards appointed by the Union. The Shop Stewards will be selected from non-supervisory positions. The Union shall promptly notify the Borough of the names of the Shop Stewards and shall notify the Borough whenever changes occur. Section 1. Definition of Duties. The duties and activities of the Shop Stewards shall include handling of complaints and grievances, administration of the Agreement, Union orientation of new employees and other duties as mutually agreed upon by the parties. Section 2. Scheduling of Activities. The Shop Steward positions are working personnel, and as such the Shop Stewards shall arrange with their appropriate supervisors, mutually agreed to times to conduct Union activities. The Shop Steward may spend a reasonable amount of time during working hours, without loss of pay, to handle grievances and other duties and activities as mutually agreed upon by the parties, pertaining to their areas of appointment. Shop Stewards will not be terminated until the Borough Manager has notified the Union stating the cause for termination. Article 17: UNION SECURITY 17.1 UNION SECURITY A. All employees covered under the terms of this Agreement who are not already Union members may make application to join the Union as a full member or become an agency fee payer. B. The Employer agrees that it will not encourage employees to resign or relinquish membership in the Union or revoke authorization of the deduction of fees to the Union. C. The Employer shall not discourage an employee from joining the Union or becoming an agency fee payer. D. The Employer agrees that it will not disclose home addresses, personal telephone number(s), personal cell phone number(s), or personal e-mail address(es) of any employees except to the Union or as needed for legitimate Borough needs. E. Nothing in this agreement prohibits the Union from charging a nonmember for the cost of a grievance and/or arbitration filed at the request of the nonmember. 17.2 DUES DEDUCTION During the term of this Agreement, the Employer shall deduct from the wages of employees covered by this Agreement the membership dues or equivalent service charge for those employees who individually and voluntarily authorize such deductions AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 70 of 100 Page 48 in writing by signing an authorization for payroll deduction of Union dues. Deductions will be submitted by check to the IBEW L.U. 1547 each month with a list of individual names and amounts withheld. The Employer will not be held liable for deduction errors but will make proper adjustments with the IBEW L.U. 1547 for any errors as soon as possible. The Union agrees that the Employer assumes no responsibility in connection with deduction of monies except that of forwarding monies deducted as set forth in this Article. The Union shall indemnify the Employer and hold the Employer harmless from any and all claims against the Employer for the amounts deducted and withheld from earnings. 17.3 GOOD STANDING WITH UNION The Borough recognizes the Union reserves the right to discipline its members for any violation of Union laws, rules or agreements. The Union may go to court to collect dues, fees, assessments, or their equivalents, which are owed to it by a Borough employee. The Borough recognizes that should the Union incur attorney fees or costs as a result of a successful collection action against a Borough employee, the employee must reimburse the Union for the full amount of the Union’s attorney fees and costs, as ordered by the court. A Borough employee’s employment status with the Borough will not be affected if an employee is delinquent in his or her financial duty to the Union. 17.4 POSTING OF AGREEMENT A copy of this Agreement shall be posted on the bulletin boards at each IBEW represented facility by the Union or its representative where it may be readily referred to by employees. 17.5 BULLETIN BOARDS The Borough shall permit the Union to use reasonable space on designated bulletin boards furnished by the Borough at each IBEW represented facility for the purpose of posting officially signed Union bulletins and notices. 17.6 UNION ACTIVITIES No Union activity shall be conducted during the Employer’s working hours, except as specifically provided in this Agreement. Article 18: NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY 18.1 NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY The parties are committed to the principle of equal employment opportunity in all employment practices. Employees shall not be discriminated against with respect to AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 71 of 100 Page 49 compensation, terms or conditions of employment because of age, sex, sexual orientation, marital status, changes in marital status, pregnancy or parenthood, race, religion, color, national origin, union activity or disability. Article 19: GENERAL PROVISIONS 19.1 EFFECT OF AGREEMENT Conformity to Law If any article of this agreement is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article is restrained by such tribunal, the remainder of this agreement shall not be affected thereby. The parties agree that any portion of this agreement rendered invalid by operation of law or by any tribunal of competent jurisdiction will be automatically amended to comply with the law or tribunal ruling. If the court order is not specific in terms of how the invalidated article should apply then the parties hereto agree that within thirty (30) calendar days after a provision has been declared invalid, they will commence negotiations with regard to such invalidated provision(s). In the event the parties do not reach agreement on contract amendments with regard to the invalidated provisions; the matter shall be submitted to arbitration in accordance with the procedures set forth in this Agreement. 19.2 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the successors and assigns of the parties hereto for its term. 19.3 PRODUCTIVITY It is recognized by both the Borough and the Union that providing the most efficient service to the taxpayer is of utmost priority. The Union recognizes that the establishment of productivity improvements to ensure efficiency is the right and obligation of the Borough. The Borough agrees to inform the Union of the implementation of any new productivity improvements. 19.4 NEGOTIATIONS PROCEDURE a. Negotiations may be requested by either party prior to January 15th of the fiscal year in which the contract may expire. Such negotiations shall begin no later than March 1st of the same fiscal year. Meeting shall be held as necessary at times and places agreed upon by the parties. b. Requests for negotiations from the IBEW will be made directly to the Manager. Requests for negotiations from the Borough representative shall be transmitted through the Manager to the IBEW designated representative. Negotiations shall be conducted between March 1 and May 30. It is mutually agreed that the AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 72 of 100 Page 50 negotiations cannot be held prior to March 1 without the concurrence of both parties. c. After negotiations have been undertaken, this agreement will remain in full force and effect so long as the parties continue to bargain together in good faith; provided, however, that the agreement which results from such negotiations will be effective as of the expiration date of this Agreement. d. The negotiating meetings may be held in closed session upon mutual agreement of both parties, but all final agreements shall be made at a public meeting of the Assembly. The first meeting will be held in closed session. The ground rules will be developed and signed-off prior to the beginning of formal negotiations. During this first meeting the IBEW and the Borough Manager will designate team members and spokespersons for the pending period of formal negotiations. Also, at this time, each party will submit a listing (table of contents) of each item it wishes to place in the new agreement. No item will be the proper subject for negotiations unless contained in either list. e. Negotiating Team: No more than seven (7) designated representatives of the Borough Manager plus a spokesperson will meet with no more than seven (7) representatives of the IBEW plus a spokesperson for purposes of negotiations. All negotiations shall take place exclusively between the designated representatives of the parties. f. Consultants may be called upon by either party and utilized on the negotiation of any matter being considered by the negotiation committee. The party employing such consultants shall give notice of their intent to use such consultants in the meeting prior to their use. Consultants shall present only factual information. Costs and expenses resulting from the use of services of such consultant shall be borne by the party engaging their services. g. The Borough and IBEW agree to participate in “good faith” negotiations. h. The Borough and the IBEW agree that all matters of wages, hours and other terms and conditions of employment shall be considered proper items for negotiations. i. The Agreement: When agreement is reached between the parties on all proposals, the proposed Agreement shall be reduced to writing and submitted to the bargaining unit for ratification within thirty (30) calendar days. After ratification by the bargaining unit employees, the Agreement shall be recommended to the Assembly. The Assembly will take action at its next regular or special meeting. Upon approval and after necessary action by the Assembly or its authorized agents, the terms of the Agreement shall be implemented. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 73 of 100 Page 51 j. Resolving Differences: In the case an Agreement has not been reached in negotiations by January 1, the parties shall follow the impasse procedure. The January 1 deadline can be extended by mutual agreement. k. All dates may be changed by mutual agreement. 19.5 SCOPE OF AGREEMENT This Agreement shall cover and apply to all work that has been traditionally performed for the Borough by bargaining unit employees in the classifications set forth in this Agreement as well as any new work that would emerge as a result of new technology. 19.6 NOTICES Notices required under the provisions of this Agreement, unless otherwise specified, shall be served by the Employer to the designated Business Representative, International Brotherhood of Electrical Workers, Local Union 1547 (IBEW), 3333 Denali Street, Anchorage, Alaska 99503, for service upon the Unions; and to the Borough Manager, Kodiak Island Borough, 710 Mill Bay Road, Kodiak Alaska, 99615, for service upon the Employer. The date of receipt of such notices shall be the controlling date for the purposes hereunder. Each party shall promptly inform the other of any change in the addresses set forth in this section. 19.7 COMPILATION OF AGREEMENT A final report of the Agreement shall be compiled by the Borough and presented to IBEW for review and agreement on format. Before printing, a cost estimate will be prepared by the Borough and presented to IBEW for review. If the cost estimate is unsatisfactory to IBEW and IBEW can obtain a lower cost for the printing, then IBEW will assume the responsibility for printing. The cost of this printing shall be borne equally by the IBEW and the Borough. 19.8 IMPASSE PROCEDURE a. Upon written request for mediation by an employee bargaining agency or the Assembly, and upon certification by the requesting party that the parties cannot agree on an independent private mediator and that good faith negotiations have terminated in an impasse, the following occurs: 1. Within seven (7) days of the certification, the requesting party shall ask the United States Federal Mediation and Conciliation Service to serve as the agency to resolve the dispute. In the event the Federal Mediation and Conciliation Service implements charges for the services of the Federal Mediator, charges for such mediator would be borne equally by the parties. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 74 of 100 Page 52 2. The mediator shall chair all mediation meetings between the disputing parties and attempt to resolve the differences between the disputing parties and reach common acceptance of terms and conditions or other items in dispute, wherever possible. 3. Within thirty (30) days of the initial meeting of the parties to dispute, the parties shall have reduced all the agreed terms, conditions, and other items to a written contract. If mutually agreed, the period for reporting the contract to both parties may be extended. 4. Each party to the dispute may select a team of not more than five (5) persons to present the evidence, thinking and position of the group they represent to the mediator. b. If the mediation meetings are held during the workday, employees representing an employee bargaining agency shall be released from normal duties without penalty or loss of pay. The Borough will be reimbursed by the bargaining agency for the straight time wages for time spent on mediation activities. c. Solutions for Agreement 1. Within ten (10) days, each party of the dispute shall accept or reject in total the mediation solutions for agreement. 2. If rejected by either party, the mediator shall have an additional five (5) days to review the objections and recommend any final solutions. 3. If the solutions are rejected by either side, each party shall reduce to writing its last best offer and submit it to an Employee Relations Board which shall review the issues and which shall choose either the Borough’s or the Union’s last offer or a compromise position between the two offers. The Board shall recommend its position to the two parties as the solution to the disputed language of the Agreement. 4. The Employee Relations Board shall consist of three members. One member shall be appointed by the Manager and confirmed by the Borough Assembly. One member shall be appointed by the Union. The third member shall be chosen by and mutually acceptable to the other board members. Members of the Employee Relations Board must be residents of the Borough. Members of the board may not be elected officials, employees of the Borough, nor members of any labor organization which represents, or is attempting to represent Borough employees. 5. The parties agree to meet and discuss the Employee Relations Board findings within ten (10) days of its receipt and resolve the dispute. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 75 of 100 Page 53 19.9 MEET AND CONFER The parties agree that they will meet and confer at reasonable times and places concerning this Agreement and its interpretation or any other matter of mutual concern and/or benefit to the employees of the Kodiak Island Borough. The parties further agree that either party may request, in writing, that the parties confer within fourteen (14) calendar days after the date of delivery of the request, which request shall specify the matter to be discussed. An inexcusable refusal to meet and confer in response to such request shall be a violation of this Agreement. There shall be no obligation on the part of either party to reopen, modify, amend or otherwise alter the terminology or interpretation of this Agreement or to make any other agreement as a result of any such conferences, nor shall the requirement for such conferences alter the rights or obligations of the parties under this Agreement. However, both parties agree to thoughtfully consider the concerns expressed by the other party on the stated issue. Article 20: TERM OF AGREEMENT 20.1 TERM OF AGREEMENT This agreement shall become effective at 12:01 a.m. on January 1, 2020 and this agreement shall continue in full force and effect through and including midnight on June 30, 2023, unless amended as referenced in Section 20.2 of the CBA. 20.2 AMENDMENT OF AGREEMENT This Agreement may be amended at any time by mutual consent of the parties hereto. Such amendment shall be reduced to writing and state the effective date. Article 21: LABOR-MANAGEMENT COMMITTEE 21.1 The parties agree to form a Labor-Management Committee. The Committee shall be composed of the Manager, or designee, and three (3) Management representatives and the Union Business Representative and three (3) bargaining unit representatives. The Committee shall select a chairperson from its membership. A quorum for Committee meetings shall be a simple majority of its members, and Committee recommendations shall be based on the majority vote of Committee members who participate in person or telephonically in the committee meeting. 21.2 The Labor-Management Committee shall meet quarterly at a date and time set by the chairperson during KIB business hours unless there is no business to conduct. Meetings generally will be held at the Borough building. Members of the Committee who are located elsewhere may attend and participate telephonically. 21.3 The Committee shall be empowered to consider and recommend improvement AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 76 of 100 Page 54 in KIB policies, practices, and procedures which affect bargaining unit employees, including but not limited to workplace safety, employee training, service to the public, benefit utilization and similar topics of mutual concern to the parties. The Committee is not a substitute for the Grievance and Arbitration procedures incorporated in this Agreement, and shall not be used for that purpose. Individual and class grievances shall be processed through the Grievance and Arbitration procedures. 21.4 The Employer shall give consideration to recommendations regarding matters of management prerogative, but shall not be required to implement such recommendations. Neither the Employer nor the Union shall be required to accept recommendations made by the Committee which would affect wages, hours and terms and conditions of employment covered by this Agreement, and implementation of any such recommendations shall require the mutual written consent of the Employer and the Union. AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 77 of 100 Page 55 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 1547 AGREED to this _____ day of _______________, 20____. By: _____________________________________ Dave Reaves, Business Manager _____________________________________ Pamela Cline, Business Representative _____________________________________ John Rhines, Shop Steward _____________________________________ Keith Morin, Shop Steward KODIAK ISLAND BOROUGH AGREED to this _____ day of ________________, 20____. By: ______________________________________ Michael Powers, Borough Manager Attest: ______________________________________ Nova M. Javier, MMC, Borough Clerk AGENDA ITEM #13.A.1. Approval of Collective Bargaining Agreement with IBEW Page 78 of 100 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 19, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2020-22 A Resolution Of The Kodiak Island Borough Assembly Authorizing The Borough To Issue General Obligation School Bonds In The Principal Amount Not To Exceed $_______ To Provide Funds For School And Related Capital Improvements In The Borough And To Pay Costs Of Issuing The Bonds, Fixing Certain Details Of Such Bonds, Authorizing Their Sale, And Providing For Related Matters ORIGINATOR: Dora Cross RECOMMENDATION: DISCUSSION: ALTERNATIVES: FISCAL IMPACT: The sale of these bonds will increase future debt principal and interest payments. The amount of increase will depend on the interest rate at time of sale. OTHER INFORMATION: AGENDA ITEM #13.B.1. Resolution No. FY2020-22 A Resolution Of The Kodiak Island Borough Assem...Page 79 of 100 Memorandum Kodiak Island Borough Finance Department TO: THROUGH: Mayor and Members of the Assembly Michael Powers,Manager FROM:Dora Cross,Finance Director SUBJECT:Bonded School Projects –Update DATE:March 5,2020 This memo updates the current status of two bonded school projects;the High School Addition and Renovation project and the School Renovation and Repair project.As of March 1,2020,between the two projects,the Borough has paid out $1,782,473 more in expenditures than we have received in revenues. Although neither project has reached the maximum voter approved expenditure levels,Engineering & Facility staff have indicated they would like to use only the $857,949 of available bond proceeds remaining unsold on the School Renovation and Repair Project for siding and roofing repairs on the NorthStar Elementary School.Since the High School Addition and Renovation Project is complete,staff would only be asking for reimbursement of actual expenses and not any additional money for other projects. The Borough may be able to participate in the mass bond sale (issuance)the State of Alaska is planning to conduct.The original April sale date has now been moved to May/June 2020 and at this time,staff is requesting authorization to sell $2.65 million with a ‘Not To Exceed Amount’of $3 million. Since the current financial environment for investments is volatile,and interest rates were cut by 50 basis points this week with the expectation of more cuts in the near future,estimates for the bond interest costs are difficult to predict.The follow is an estimate for principal costs only: High School Addition and Renovation Project School Renovation and Repair Project Estimated Total Unreimbursed expenses $410,422 $2,230,000 2,640,422 Bond expenses (underwriting,issuance, attorney,premium/discount,etc.)34,078 152,500 186,700 Requested Bond Proceeds $444,500 $2,382,500 $2,827,122 Length of bond repayment 20 year 10 year Estimated annual principal and interest costs $22,225 $238,250 Estimated mill rate equivalent 0.015 0.167 red =estimated numbers Updated Bond Project Summaries and Details below have been updated through the date of this memo. AGENDA ITEM #13.B.1. Resolution No. FY2020-22 A Resolution Of The Kodiak Island Borough Assem...Page 80 of 100 2 PROJECT SUMMARIES Unreimbursed Available High School Addition and Renovation Project: Actual Income Debt Financing $71,811,195 Grants and Other Financing 7,538,000 Total Actual Income $79,349,195 Less Actual Expenditures 79,759,617 Total Funding Excess/(Deficiency)$(410,422) Remaining Available for additional Projects Voter Approved Project Total $80,800,000 Less Actual Expenditures 79,759,617 Remaining Available Project Funds $1,040,383 School Renovation and Repair Project: Actual Income Debt Financing $8,000,000 Grants and Other Financing 50,000 Total Actual Income $8,050,000 Less Actual &Encumbered Expenditures 9,422,051 Remaining Funding Excess/(Deficiency)$(1,372,051) Remaining Available for additional Projects Voter Approved Project Total $10,230,000 Plus DEED Redirect Funding 50,000 Less Actual &Encumbered Expenditures 9,422,051 Remaining Available Project Funds __________$857,949 Total $(1,782,473)$1,898,332 AGENDA ITEM #13.B.1. Resolution No. FY2020-22 A Resolution Of The Kodiak Island Borough Assem...Page 81 of 100 3 PROJECT DETAILS High School Addition and Renovation Voters approved the issuance $76,310,000 of General Obligation bonds in 2009. Voter Pamphlet Information Project Estimated Cost Additions to KHS $44,270,000 Renovate Existing KHS 35,210,000 Renovate Parts of KHS for School District Administration 1,100,000 Demolish Existing Business Department and Learning Center 220,000 Project Total $80,800,000 Less Available Funds in Other Projects KHS Exterior Insulation and window replacement $(590,000) KHS VocEd Renovation and Pool Reclamation (3,900,000) Total Deductions (4,490,000) Total Maximum Authorized Bond Issue $76,310,000 Income/Funding Activity Information Year Activity Description Amount Balance of Available Funding 2009 Authorized Funding $80,800,000 2010 Less Grants &Other Financing $7,538,000 $73,262,000 2010 Less DEED Redirected Funds $4,261,195 $69,000,805 2011 Less Issued Bonds $8,000,000 $61,000,805 2013 Less Issued Bonds $25,000,000 $36,000,805 2014 Less Issued Bonds $25,000,000 $11,000,805 2015 Less Issued Bonds $7,000,000 $4,000,805 2016 Less Issued Bonds $2,000,000 $2,000,805 2018 Less Other Debt Financing $550,000 $1,450,805 Expenditure Activity Life to Date Project Expenditures $79,759,617 (as of 02 14 20) AGENDA ITEM #13.B.1. Resolution No. FY2020-22 A Resolution Of The Kodiak Island Borough Assem...Page 82 of 100 4 School Renovation and Repair Voters approved the issuance $10,230,000 of General Obligation bonds in 2014. Voter Pamphlet Information Project Name Original Ballot Cost KMS UST Replacement $150,000 East Elem.School Flooring Replacement $649,000 Peterson Elem.School Flooring Replacement $363,500 Port Lions School UST Replacement $200,000 Main Elem.School UST Replacement $150,000 KMS New Elevator Controls $54,000 KMS New HVAC Controls $1,576,200 Peterson Elem.School New HVAC Controls $694,900 KMS Rear Parking Lot Paving $675,800 East Elem.School Cafeteria Roof Replacement $1,248,500 Ouzinkie School Old Wing Flooring Replacement $160,300 Ouzinkie School New Wing Flooring Replacement $41,000 Akhiok School Flooring Replacement $95,500 KMS Fire Alarm Replacement $405,000 East Elem.School Parking Lot Paving $687,200 Peterson Elem.School Parking Lot Paving $972,000 KMS Bus Ramp Roof Replacement $118,800 Peterson Elem.School Replacement of Boilers $324,600 Main Elem.School Gym Floor Replacement $450,000 Karluk School Flooring Replacement $86,700 Chiniak School Playground Equipment Replacement $101,200 Karluk School Playground Equipment Replacement $101,200 Akhiok School Playground Equipment Replacement $101,200 East Elem.School Replacement of Plumbing Fixtures $256,500 Old Harbor School Playground Equipment Replacement $121,500 Ouzinkie School Playground Equipment Replacement $121,500 Port Lions School Playground Equipment Replacement $121,500 Old Harbor School UST Replacement $202,400 Total $10,230,000 AGENDA ITEM #13.B.1. Resolution No. FY2020-22 A Resolution Of The Kodiak Island Borough Assem...Page 83 of 100 5 School Renovation and Repair (cont’d) Income/Funding Activity Year Activity Description Amount Balance of Available Funding 2014 Authorized Funding $10,230,000 2015 Less Issued Bonds $2,000,000 $8,280,000 2016 Less Issued Bonds $6,000,000 $2,230,000 Expenditure Activity Life to Date Actual Project Expenditures $9,402,290 Encumbered Project Expenditures 19,761 Total Project Expenditures $9,422,051 (as of 02 14 20) AGENDA ITEM #13.B.1. Resolution No. FY2020-22 A Resolution Of The Kodiak Island Borough Assem...Page 84 of 100 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 19, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: * Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens Advisory Council (Ms. Rebecca Skinner). ORIGINATOR: Tara Welinsky RECOMMENDATION: Move to confirm the Mayoral appointment of Ms. Rebecca Skinner to the Prince William Sound Regional Citizens' Advisory Council Board of Directors for a two-year term to expire May 2022. DISCUSSION: The Prince William Sound Regional Citizens Advisory Council (PWSRCAC) advised the Borough that Ms. Skinner's term on the Board of Directors will be expiring at the upcoming May 7-8, 2020 annual meeting in Valdez. The dedicated seat for the Kodiak Island Borough is its opportunity to influence decisions having profound implications for oil transportation safety in Alaska, and for the state's oil spill prevention and response capabilities. The Kodiak Island Borough would best be served by a representative who: • Understands her/his organization and/or community, its needs, concerns, and perspectives; • Has at least a rudimentary familiarity with oil transportation issues; • Has a home and work schedule flexible enough to allow participation and travel; • Is committed to the mission of promoting environmentally safe operation of the Alyeska terminal and associated tankers; and • Seeks opportunities to foster cooperative and constructive relationships between citizens, industry and regulatory agencies. A PWSRCAC director can expect to devote an average of 15 hours a month on PWSRCAC business. The full Board conducts three 2-day meetings in January, May, and September. In addition, annual budget and planning meetings are held, as well as special meetings and o pportunities to participate in committees or work groups. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.D.1. * Confirmation of the Mayoral Appointment to the Prince William Sound Re...Page 85 of 100 February 11, 2020 Sent via email and USPS mail Michael Powers Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Powers: The Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) is writing to advise you that Rebecca Skinner’s term on our Board of Directors expires at the upcoming May 7-8, 2020, annual meeting in Valdez. The dedicated seat for the Kodiak Island Borough is its opportunity to influence decisions having profound implications for oil transportation safety in Alaska, and for the state's oil spill prevention and response capabilities. We greatly value your past participation. The Kodiak Island Borough is best be served by a representative who: • Understands her/his organization and/or community, its needs, concerns and perspectives; • Has at least a rudimentary familiarity with oil transportation issues; • Has a home and work schedule flexible enough to allow participation and travel; • Is committed to our mission of promoting environmentally safe operation of the Alyeska terminal and associated tankers; and • Seeks opportunities to foster cooperative and constructive relationships between citizens, industry and regulatory agencies. A PWSRCAC director can expect to devote an average of 15 hours a month on PWSRCAC business. The full Board conducts three 2-day meetings in January, May, and September. In addition, annual budget and planning meetings are held, as well as special meetings and opportunities to participate in committees or work groups. PWSRCAC staff provides support to board members whenever possible. Please notify us in writing, no later than Monday, March 30, 2020, of your selected individual for the Kodiak Island Borough’s next two-year term on the PWSRCAC board. Ideally, this individual will then be expected to attend our May 7-8, 2020, meeting in Valdez for confirmation and participation. If Rebecca Skinner will continue to be your representative, we ask that you still notify PWSRCAC in writing. If you have further questions about the PWSRCAC or the responsibilities of its directors, please don't hesitate to call. Thank you for your cooperation, and we look forward to the Kodiak Island Borough’s continued contribution. Sincerely, Jennifer Fleming Executive Assistant Cc via email: Rebecca Skinner AGENDA ITEM #13.D.1. * Confirmation of the Mayoral Appointment to the Prince William Sound Re...Page 86 of 100 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 19, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: *Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Board (Ms. Pruitt). ORIGINATOR: Clerk's Office Staff RECOMMENDATION: Move to confirm the Mayoral appointment of Ms. Teresa Pruitt to the Solid Waste Advisory Board seat for a term to expire December 2022. DISCUSSION: On March 6, 2020, the Clerk's Office received an application from Ms. Teresa Pruitt to the Solid Waste Advisory Board which currently has one vacant seat for a term to expire on December 2022. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC Title 2 Administration and Personal Chapter 2.100 Board, Committees, and Commissions 2.100.010 Board, committee, and commission members subject to this chapter. All boards, committees, and commissions, with the exclusion of the board of equalization, service area advisory boards, the fisheries and oceanic research board, and the Kodiak workforce regional advisory council shall be governed by each of the provisions set forth in this chapter. [Ord. FY2011-04 §3, 2010]. 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. [Ord. 02-09 §3, 2002; Ord. 02-05 §2, 2002; Ord. 98-02 §8, 1998; Ord. 87-29-O §3, 1987. Formerly §2.39.030]. 2.100.040 Qualifications In addition to any other qualifications required by this code, a member: A. Shall be a qualified voter of the borough; and B. Shall remain a resident of the borough while in office. [Ord. 98-02 §8, 1998; Ord. 87-29-O AGENDA ITEM #13.D.2. * Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Bo...Page 87 of 100 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 19, 2020 ASSEMBLY REGULAR MEETING Kodiak Island Borough §3, 1987. Formerly §2.39.040]. 2.100.050 Terms The term of each member is three years. The terms of initial appointments shall be staggered so that, as nearly as possible, a pro rata number of members shall be appointed for each year during the regular term of office established for the members. The regular term shall, unless otherwise specified by ordinance, commence on January 1st of the year of appointment and shall expire on December 31st of the year the term expires. [Ord. 98-02 §8, 1998; Ord. 87-29- O §3, 1987. Formerly §2.39.050]. 2.100.090 Applications The clerk shall provide a standard information and application form for interested persons to complete. The form, letters or other expressions of interest shall be made to the clerk. [Ord. 87-29-O §3, 1987. Formerly §2.39.090]. AGENDA ITEM #13.D.2. * Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Bo...Page 88 of 100 Revision Date: 01/16/2020 Revised by: AR SOLID WASTE ADVISORY BOARD E/F DIRECTOR, DAVID CONRAD 486-9357 dconrad@kodiakak.us E/F SECRETARY, PATRICIA VALERIO 486-9343 pvalerio@kodiakak.us ENGINEERING & FACILITIES DEPARTMENT 710 MILL BAY ROAD ROOM 224 KODIAK, AK 99615 KODIAK ISLAND BOROUGH STAFF: NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Nick Szabo (Chair) PO Box 1633 Kodiak, AK 99615 2021 (907) 486-3853 (907) 654-3853 76taku77@gmail.com Laine Welch 315 High St Kodiak, AK 99615 2020 (907) 486-2391 (907) 654-9111 msfish@alaskan.com Vacant 2022 Nathan Svoboda 389 Neva Way Kodiak, AK 99615 2022 (907) 486-1863 (907) 202-1837 nathan.svoboda@alaska.gov Patrick Cummings 418 A Lilly Drive Kodiak, AK 99615 2022 (907) 654-4486 patrickc@seattleu.edu Construction Business Representa- tive Douglas Hogen 3099 Spruce Cape Road Kodiak, AK 99615 2021 (907) 486-4407 (907) 539-5407 (907) 539-5407 dlhogen@gmail.com Retail Business Representative Jason Jardine 3564 Patrick Ct Kodiak, AK 99615 2021 (907) 481-1670 (208) 569-8858 webasboy@gmail.com NON-VOTING EX-OFFICIOS Assembly Representative Mr. Duane Dvorak 415 Cedar St Kodiak, AK 99615 (907) 942-2912 (907) 942-2912 duane.dvorak@kibassembly.org KIB Staff Representative Dave Conrad (907) 486-9357 dconrad@kodiakak.us U.S.C.G. Representative Jennifer N. Nutt, Environmental Division Chief Base Kodiak (907) 854-4514 (907) 487-5494 jennifer.n.nutt@uscg.mil City of Kodiak Representative Craig Walton 2410 Mill Bay Road Kodiak, AK 99615 (907) 486-8060 (907) 486-8066 cwalton@city.kodiak.ak.us This board is governed by Kodiak Island Borough Code 2.145 AGENDA ITEM #13.D.2. * Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Bo...Page 89 of 100 AGENDA ITEM #13.D.2.* Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Bo...Page 90 of 100 AGENDA ITEM #13.D.2.* Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Bo...Page 91 of 100 Kodiak Island Borough OFFICE of the BOROUGH MAYOR 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: clerks@kodiakak.us March 19, 2020 Department of Health and Social Services Nancy Brooks SDS Grants Administrator III Dear Ms. Brooks: The Kodiak Island Borough fully supports the Senior Citizens of Kodiak (SCOK) grant application for Family Caregiver Support Services. These support services, which include information and assistance, counseling, respite, Lifeline, monthly newsletters, support groups and training, are vital in keeping Kodiak seniors and their families in our community by providing the support they need. The Kodiak Island Borough continues to support the many home and community support services offered to seniors and their families by SCOK in our community. We know that by providing these important services, our senior population continues to live here and remain viable citizens. Sincerely, William Roberts, Mayor Kodiak island Borough AGENDA ITEM #13.D.3. * Letter of Support Senior Citizens Of Kodiak (SCOK) Grant Application F...Page 92 of 100 Kodiak Island Borough OFFICE of the BOROUGH MAYOR 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: clerks@kodiakak.us March 19, 2020 Department of Health and Social Services Nancy Brooks SDS Grants Administrator III Dear Ms. Brooks: The Kodiak Island Borough fully supports the grant application by Senior Citizens of Kodiak (SCOK) for Island Cove Adult Day services. These services, which provide a safe, monitored and active program for those seniors with Alzheimer’s disease, those who are recovering from a stroke or who need more monitoring or socialization during the day, not only assist seniors, but also their families or others who caregive for them. Island Cove is open seven days a week thus providing continued care each day. These vital services keep seniors living in their own home and independently as long as possible in our community. The Kodiak Island Borough has supported the many home and community support services offered to seniors and their families by SCOK in our community. We know by having these important services, our senior population continues to live here and remain viable citizens. Sincerely, Bill Roberts, Mayor Kodiak island Borough AGENDA ITEM #13.D.4. * Letter Of Support Senior Citizens Of Kodiak (SCOK) Grant Application F...Page 93 of 100 Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone (907) 486-9210 • Fax (907) 486-9347 Projects Report – February 2020 Page 1 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Michael Powers, Borough Manager Dave Conrad, E/F Director RE: Monthly Projects Report for Period Ending February 29, 2020 BALER BUILDING SEPTIC SYSTEM REPLACEMENT Project Description: This project is for installation of a septic tank and leachfield for the Baler Building. The current septic system does not meet code and needs to be upgraded. Current Status: Jacobs Engineering provided design documents for this project, which were reviewed and approved by the Architectural/Engineering Review Board (ARB) in November 2019. Staff has solicited quotes for procurement of the new 1,000-gallon septic tank and will be issuing the installation drawings for public bid on March 3, 2020 with bids due in early April 2020. Change Orders this Period: None. BALER BUILDING UNDERGROUND STORAGE TANK REPLACEMENT Project Description: This project includes removal of an existing underground storage tank (UST), removal of contaminated soil due to a leak at the UST, and procurement and installation of a new aboveground tank to provide heating and vehicle fuel for the Baler Building and Landfill equipment. Current Status: The UST was removed in September 2018, and approximately 70 cubic yards of contaminated soil was excavated and stockpiled on site. In late January 2020 the Alaska Department of Environmental Conservation formally approved a work plan to landfarm the contaminated soil at the landfill. The landfarm will be constructed in spring 2020. Concurrently staff solicited bids for a new 4,000- gallon fuel tank to replace the UST, and in December 2019 the Assembly approved a contract with Greer Tank of Anchorage for procurement and delivery of the new tank. The new tank is scheduled to arrive the first week of March 2020. Jensen Yorba Wall and RSA Engineering are currently completing design for the concrete pad and piping to install the tank, and this work is scheduled to be put out for public bid in April 2020. Change Orders this Period: None. BAYSIDE FIRE DEPARTMENT EXTERIOR IMPROVEMENTS Project Description: This project is replacement of exterior siding, windows, doors, and roofing at the older portion of Bayside Fire Department. The existing metal roofing and wood siding are over 35 years old and have reached the end of their useful life. AGENDA ITEM #18.B.1. Page 94 of 100 Projects Report – February 2020 Page 2 Current Status: Jensen Yorba Wall (JYW) is the architect for this project and completed design documents that were approved by both the Fire Protection Area No. 1 Board and the Architectural/Engineering Review Board. The project was issued for public bid in December 2019, and bids were due and opened on February 3, 2020. On February 20, 2020, the Assembly approved a contractor for the low bidder, Friend Contractors of Kodiak. Friend Contractors is currently working on a schedule and submittals. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER & KODIAK HIGH SCHOOL ELECTRIC BOILERS Project Description: In 2018 KIB entered into joint agreements with Kodiak Electric Association (KEA) and the Kodiak Island Borough School District for interruptible electric service at Kodiak Fisheries Research Center (KFRC) and Kodiak High School (KHS). As part of the agreements KEA will reimburse KIB for the costs to install electric boilers at both buildings and offer a reduced rate for the power to operate the boilers at 90% the cost of fuel oil. KIB has contracted with RSA Engineers to provide design and bid documents for both new boilers. Current Status: Wolverine Supply, Inc. (Wolverine) is the contractor for this project and started work at the end of September 2019. This project has been beset by delays in receiving equipment and moving it into place. Progress was made in February 2020 as the new electric boiler for KHS was moved into place and new piping was completed, but there is still substantial electrical work required to bring the boiler online. Due to the delays and continued colder temperatures, the project team is currently discussing delaying the work at KFRC until spring 2020. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER EXTERIOR UPGRADE Project Description: This project is for the upgrade of the siding and roofing at Kodiak Fisheries Research Center (KFRC), including replacement of some doors and windows. Both the siding and roofing are 20 years old and showing signs of deterioration. Current Status: On October 17, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to start design on this project. JYW will be producing 65% design documents and a detailed construction cost estimate so a decision can be made to replace all the siding and roofing or to only focus on areas showing the most deterioration. These initial design documents are scheduled to be completed by March 2020. Change Orders this Period: None. KODIAK FISHERIES RESEARCH CENTER FIRE ALARM UPGRADE Project Description: This project is for the replacement of the fire alarm panel and devices at Kodiak Fisheries Research Center (KFRC). The system is original to the building’s construction in 1997 and has reached the end of its useful life. Replacement parts are difficult to find, and the panel is no longer supported by the manufacturer. Current Status: Projects Office staff is working with Jensen Yorba Wall (JYW) and RSA Engineers (RSA) for design of this project. The Assembly approved a change order for the design cost on October 17, 2019. JYW and RSA provided 95% design documents that were reviewed and approved by the AGENDA ITEM #18.B.1. Page 95 of 100 Projects Report – February 2020 Page 3 Architectural/Engineering Review Board on January 28, 2020. Final revisions are now being made to the bid documents, and the project is scheduled to be put out to bid in early March 2020. Change Orders this Period: None. KODIAK ISLAND BOROUGH SCHOOL DISTRICT AUXILIARY GYM Project Description: This project is to renovate the old High School pool area into a gymnasium for school and community use. The project is being funded and managed by the Kodiak Island Borough School District (KIBSD), with limited involvement by KIB staff. Current Status: On December 19, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to complete design for this project. KIBSD is managing the design and construction process for this project, through the Borough’s term contract with JYW. The project was issued for bid on February 10, 2020, and bids are due March 4, 2020. Construction is scheduled to be complete by August 15, 2020. Change Orders this Period: None. NORTH STAR ELEMENTARY SIDING PHASE I Project Description: This project is for the removal of the existing cement board siding at the gym portion of North Star Elementary and replacement with vinyl composite siding. The cement board siding was installed when the school was built in 1994 and has started experiencing deterioration and failure particularly around the gym. The goal is to complete Phase I for the gym in summer 2020; Phase II would include replacement of the siding and possibly the windows around the rest of the school but will require further design investigation and cost estimates before proceeding. Current Status: On December 19, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to complete design for Phase I and begin preliminary design work for Phase II. JYW provided 95% design documents for Phase I that were reviewed and approved by the Architectural/Engineering Review Board on January 28, 2020. Phase I is scheduled to be put out to bid in early March 2020, with construction scheduled for summer 2020. Change Orders this Period: None. PROVIDENCE KODIAK ISLAND MEDICAL CENTER FUEL TANK Project Description: This project is for installation of a new aboveground fuel tank and piping to serve the boilers and generators at Providence Kodiak Island Medical Center. The new tank will replace the temporary tank installed when the underground fuel lines were abandoned. Current Status: Staff is working with Jensen Yorba Wall (JYW) and RSA Engineers (RSA) for design of this project. JYW/RSA provided several options for tank sizing which KIB and PKIMC have discussed and provided direction. A bid package to procure the tank is scheduled to be issued in early March 2020. JYW/RSA are currently working on the complete design for the concrete pad and piping to install the tank. Change Orders this Period: None. AGENDA ITEM #18.B.1. Page 96 of 100 Projects Report – February 2020 Page 4 PROVIDENCE KODIAK ISLAND MEDICAL CENTER RETAINING WALL Project Description: The goal of this project is to repair or replace the large concrete retaining wall behind Providence Kodiak Island Medical Center (PKIMC). The wall has been deteriorating for many years and is currently the number one priority on the Renewal and Replacement list for PKIMC. The first stage in this project is geotechnical investigation to determine the subsurface conditions. That information will be used to complete conceptual design to repair or replace the wall. Current Status: The geotechnical investigation was completed in September 2019, and in early February 2020 Jensen Yorba Wall and PND Engineers provided a report summarizing the findings, suggested methods for repairing the wall, and preliminary cost estimates. This information is scheduled to be presented to the Assembly at a work session in late March 2020. Change Orders this Period: None. PROVIDENCE KODIAK ISLAND MEDICAL CENTER STRUCTURAL ANALYSIS/PROJECT LIST DEVELOPMENT Project Description: This project is to perform a structural analysis of the older portions of the Providence Kodiak Island Medical Center and develop a list for future renewal and replacement projects. This is the next step in defining a plan for future projects at the hospital. The first step was a Condition Assessment completed in August 2019. The Condition Assessment included a Deficiency List with a ranking of projects based on life safety and urgency of potential repairs. Many of the higher priority projects are in the single story 1968 and 1978 wing of the facility. The work included in this change order will provide information to help decide if it makes more sense to do smaller projects over a longer period of time to update the older portion of the hospital, or a larger expansion or replacement over a shorter period of time. Current Status: On December 5, 2019, the Assembly approved a change order for Jensen Yorba Wall (JYW) to complete this assessment and list development. JYW is working with PND Engineers to complete the structural assessment, which is scheduled to be received in early March 2020. Staff is working with JYW to schedule a presentation on the reports findings for an Assembly work session in late March 2020. Change Orders this Period: None. AGENDA ITEM #18.B.1. Page 97 of 100 Original Budget Current Budget Expenses Obligated Remaining Design 35,000$ 35,000$ 26,252$ 748$ 8,000$ Construction -$ -$ 3,025$ (3,025)$ Admin 5,000$ 5,000$ 1,260$ -$ 3,740$ TOTAL 40,000$ 40,000$ 27,512$ 3,773$ 8,715$ Original Budget Ord 2020-01A Current Budget Expenses Obligated Remaining Design 40,000$ -$ 40,000$ 13,286$ 30,013$ (3,299)$ Construction 40,000$ 40,000$ 80,000$ 21,020$ 52,122$ 6,858$ Admin 10,000$ 20,000$ 30,000$ 5,859$ -$ 24,141$ TOTAL 90,000$ 60,000$ 150,000$ 40,165$ 82,135$ 27,700$ Original Budget Pending Ord Current Budget Expenses Obligated Remaining Design 22,000$ 3,000$ 25,000$ 14,707$ 7,430$ 2,863$ Construction -$ 360,000$ 360,000$ -$ 351,800$ 8,200$ Admin 3,000$ 25,000$ 28,000$ 8,698$ -$ 19,302$ Contingency -$ 22,000$ 22,000$ -$ -$ 22,000$ TOTAL 25,000$ 410,000$ 435,000$ 23,405$ 359,230$ 30,365$ Original Budget Current Budget Expenses Obligated Remaining Design 51,000$ 51,000$ 32,282$ 16,492$ 2,226$ Construction 650,000$ 650,000$ 119,108$ 523,672$ 7,220$ Admin 34,000$ 34,000$ 48,188$ -$ (14,188)$ Contingency 40,000$ 40,000$ -$ -$ 40,000$ TOTAL 775,000$ 775,000$ 199,579$ 540,164$ 35,258$ Kodiak Fisheries Research Center & Kodiak High School Electric Boilers - 19001/19002 Funding: Fund 469 - Renewal & Replacement ($564,000) and Fund 555 - KFRC ($211,000) (Costs will be reimbursed by Kodiak Electric Association) Bayside Fire Department Exterior Improvements - 19009 Funding: Fire Protection Area No. 1 Funding: Fund 530 - Solid Waste Collection and Disposal Budget and Adjustments Current Budget Status Kodiak Island Borough Project Budget Status - Period Ending February 29, 2020 Baler Building Underground Storage Tank Replacement - 18005 Baler Building Septic System Replacement - 18004 Funding: Fund 530 - Solid Waste Collection and Disposal Project Budget Status Page 1 of 3 AGENDA ITEM #18.B.1.Page 98 of 100 Budget and Adjustments Current Budget Status Kodiak Island Borough Project Budget Status - Period Ending February 29, 2020 Original Budget Current Budget Expenses Obligated Remaining Design 75,000$ 75,000$ 10,840$ 40,999$ 23,161$ Admin 25,000$ 25,000$ 2,247$ -$ 22,753$ TOTAL 100,000$ 100,000$ 13,087$ 40,999$ 45,914$ Original Budget Current Budget Expenses Obligated Remaining Design 25,000$ 25,000$ 10,907$ 12,713$ 1,380$ Construction 100,000$ 100,000$ -$ -$ 100,000$ Admin 10,000$ 10,000$ 3,848$ -$ 6,152$ Contingency 15,000$ 15,000$ -$ -$ 15,000$ TOTAL 150,000$ 150,000$ 14,755$ 12,713$ 122,532$ Original Budget Current Budget Expenses Obligated Remaining Design 55,000$ 55,000$ 28,423$ 24,961$ 1,616$ Admin 5,000$ 5,000$ 1,780$ -$ 3,220$ TOTAL 60,000$ 60,000$ 30,203$ 24,961$ 4,836$ Original Budget Current Budget Expenses Obligated Remaining Design 26,193$ 26,193$ 8,458$ 44,573$ (26,838)$ Construction 436,556$ 436,556$ -$ -$ 436,556$ Admin 17,462$ 17,462$ 2,188$ -$ 15,274$ Contingency 21,828$ 21,828$ -$ -$ 21,828$ TOTAL 502,039$ 502,039$ 10,646$ 44,573$ 446,820$ Funding: Fund 555 - KFRC Kodiak Fisheries Research Center Fire Alarm Upgrade - 19004 Funding: Fund 555 - KFRC North Star Elementary Siding Replacement - 20008 Funding: Fund 415 - Capital Project (Borough) (Funding provided by Kodiak Island Borough School District) KIBSD Auxiliary Gym - 20007 Funding: Fund 415 - Capital Project (Borough) (Costs will be reimbursed by Kodiak Island Borough School District) Kodiak Fisheries Research Center Exterior Upgrade - 20004 Project Budget Status Page 2 of 3 AGENDA ITEM #18.B.1.Page 99 of 100 Budget and Adjustments Current Budget Status Kodiak Island Borough Project Budget Status - Period Ending February 29, 2020 Original Budget Current Budget Expenses Obligated Remaining Design 35,000$ 35,000$ 9,995$ 20,554$ 4,451$ Admin 15,000$ 15,000$ 2,263$ -$ 12,737$ TOTAL 50,000$ 50,000$ 12,258$ 20,554$ 17,188$ Original Budget Current Budget Expenses Obligated Remaining Design 125,000$ 125,000$ 78,756$ 16,974$ 29,270$ Admin 25,000$ 25,000$ 4,799$ -$ 20,201$ TOTAL 150,000$ 150,000$ 83,556$ 16,974$ 49,471$ Original Budget Current Budget Expenses Obligated Remaining Design 43,000$ 43,000$ -$ 42,340$ 660$ Admin 7,000$ 7,000$ -$ -$ 7,000$ TOTAL 50,000$ 50,000$ -$ 42,340$ 7,660$ Providence Kodiak Island Medical Center Retaining Wall - 20003 Funding: Fund 495 - Capital Project - Hospital Providence Kodiak Island Medical Center Structural Analysis and Project List Development - 20006 Funding: Fund 495 - Capital Project - Hospital Funding: Fund 495 - Capital Project - Hospital Providence Kodiak Island Medical Center Fuel Tank - 20001 Project Budget Status Page 3 of 3 AGENDA ITEM #18.B.1.Page 100 of 100 Kodiak Island Borough Assembly Guidelines March 19, 2020 Page 1 Kodiak Island Borough Assembly Regular Meeting Guidelines March 19, 2020 6:30 p.m., Teleconference 1. INVOCATION Major Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Roberts. 3. ROLL CALL KIBC 2.25.070. … the Chair shall cause the record to reflect the absence of the member, the reason for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly member_______ who is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA Recommended motion: Move to amend the agenda and consent agenda by removing the Child Abuse Prevention Month Proclamation, Sexual Assault Awareness Month Proclamation, and the Bear Awareness Presentation from Awards and Presentations, the Ordinance No. FY2020-18 Emergency Ordinance To Allow Regular Meetings To Be Conducted Via Teleconference from Public Hearing, and the Borough Clerk's Evaluation from Executive Session. Clerk’s note: It takes unanimous consent to add/remove an item on the agenda. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA AND CONSENT AGENDA. VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA AS AMENDED. * Regular Meeting Minutes of March 5, 2020 and Special Meeting Minutes of March 12, 2020. * Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens Advisory Council (Ms. Skinner). * Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Board (Ms. Pruitt). * Letter of Support Senior Citizens Of Kodiak (SCOK) Grant Application For Family Caregiver Support Services. * Letter Of Support Senior Citizens Of Kodiak (SCOK) Grant Application For Island Cove Adult Day Services. 5. APPROVAL OF MINUTES * Regular Meeting Minutes Of March 5, 2020 and Special Meeting Minutes Of March 12, 2020. 6. CITIZENS’ COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Kodiak Island Borough Assembly Guidelines March 19, 2020 Page 2 Please ask speakers to: 1. state their name for the record 2. address all remarks to the Assembly as a body and not to any member thereof PLEASE ANNOUNCE THAT THIS IS FOR GENERAL COMMENTS ONLY. 7. AWARDS AND PRESENTATIONS A. * (removed from agenda) Child Abuse Prevention Month Proclamation B. * (removed from agenda) Sexual Assault Awareness Month Proclamation 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. * (removed from agenda) Ordinance No. FY2020-18 Emergency Ordinance To Allow Regular Meetings To Be Conducted Via Teleconference. Staff report – Manager Powers. Open public Hearing Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER’S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.030 Permissible Investments And Chapter 3.10.120 Facilities Fund. Clerk’s note: This was postponed from the February 6, 2020 regular meeting. Motion on the floor is: Move to advance Ordinance No. FY2020-15 to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Assembly Guidelines March 19, 2020 Page 3 Recommended Motion: Move to postpone Ordinance No. FY2020-15 indefinitely. Staff Report – Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION 13. NEW BUSINESS A. Contracts 1. Approval of Collective Bargaining Agreement with IBEW. Recommended Motion: Move to authorize the Borough Manager to execute Contract No. FY2020-18. Staff Report – Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION B. Resolutions 1. Resolution No. FY2020-22 A Resolution Of The Kodiak Island Borough Assembly Authorizing The Borough To Issue General Obligation School Bonds In The Principal Amount Not To Exceed $_______ To Provide Funds For School And Related Capital Improvements In The Borough And To Pay Costs Of Issuing The Bonds, Fixing Certain Details Of Such Bonds, Authorizing Their Sale, And Providing For Related Matters. Recommended Motion: Move approve Resolution No. FY2020-22. Staff Report – Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION. C. Ordinances for Introduction – None. D. Other Items (Approved under consent agenda) 1. *Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens Advisory Council (Ms. Skinner). 2. *Confirmation Of The Mayoral Appointment To The Solid Waste Advisory Board (Ms. Pruitt). The purpose of the motion to postpone indefinitely is to kill the motion that is pending. Since the sole purpose of passing the motion to postpone indefinitely is to kill the main motion, if it passes, the main motion is thus killed and there does not need to be a vote on the main motion. You do not come down the final rung of the ladder, because the main motion is dead. Kodiak Island Borough Assembly Guidelines March 19, 2020 Page 4 3. *Letter of Support Senior Citizens Of Kodiak (SCOK) Grant Application For Family Caregiver Support Services. 4. *Letter Of Support Senior Citizens Of Kodiak (SCOK) Grant Application For Island Cove Adult Day Services. 14. CITIZENS’ COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. state their name for the record 2. address all remarks to the Assembly as a body and not to any member thereof 15. ASSEMBLY MEMBERS’ COMMENTS Announcements: The next Assembly work session is scheduled on Thursday, March 26, 2020 at 6:30 p.m. The next regular meeting is scheduled on Thursday, April 2, 2020 at 6:30 p.m. These meetings will be teleconferenced. Notice of Public Meetings and Assembly meeting agendas are available on the KIB website, posted on the KIB Facebook page, and are also posted at the Safeway.. For those who do not have internet, you may call the Borough meeting notification line at (907) 486-9315. 16. EXECUTIVE SESSION A. The Potential Sale, Including Terms And Price, Of Real Property Known As Killarney Hills Tract Located On E. Rezanoff And Woody Way Loop. Recommended motion: Move to convene into executive session under the authority of KIBC 2.30.030(F)(1 )(h) for the purpose of discussing the potential sale, including terms and price, of real property known as Killarney Hills Tract Located On E. Rezanoff and Woody Way Loop. ROLL CALL VOTE ON MOTION Recommended motion: Move to invite the Borough Mayor, Assembly members, Borough Manager, Finance Director, and Borough Clerk into executive session. VOICE VOTE ON MOTION. After the vote, Mayor Roberts recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Roberts reconvenes the regular meeting and announces: • The Assembly discussed the potential sale, including terms and price, of real property known as Killarney Hills Tract Located On E. Rezanoff And Woody Way Loop and the following action is to be taken: Kodiak Island Borough Assembly Guidelines March 19, 2020 Page 5 • No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. B. Disposal Of Borough Land On Borough Hill: Terms, Conditions and Price. Recommended motion: Move to convene into executive session under the authority of KIBC 2.30.030(F)(1 )(h) for the purpose of discussing terms for the disposal of Borough land on Borough Hill. ROLL CALL VOTE ON MOTION Recommended motion: Move to invite the Borough Mayor, Assembly members, Borough Manager, Finance Director, and Borough Clerk into executive session. VOICE VOTE ON MOTION After the vote, Mayor Roberts recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Roberts reconvenes the regular meeting and announces: • The Assembly discussed disposal of Borough land on Borough Hill: terms, conditions and price and the following action is to be taken: • No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. C. Borough Clerk's Evaluation. (removed from agenda) Recommended motion: Move to convene into executive session under the authority of KIBC 2.30.030(F)(1 )(c) for the purpose of discussing matters which may tend to prejudice the reputation or character of a person, Borough Clerk Tara Welinsky, who has been notified of the potential executive session. ROLL CALL VOTE ON MOTION Recommended motion: Move to invite the Borough Mayor, Assembly members and Borough Clerk into executive session. VOICE VOTE ON MOTION. After the vote, Mayor Roberts recesses the regular meeting and convenes the executive session. Kodiak Island Borough Assembly Guidelines March 19, 2020 Page 6 Upon returning from the executive session, Mayor Roberts reconvenes the regular meeting and announces: • The Assembly discussed Borough Clerk's Evaluation and the following action is to be taken: • No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION. KIBC 2.30.030 A…. Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. KODIAK ISLAND BOROUGH Meeting Type:A e !` Date: LAf v Please PRINT your name legibly Please PRINT your name le ibl + yppyyy s RegularZ Special Convened: --(� " KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Cf Date: Recessed: Reconvened: Adjourned: M BY: SECOND: �} �U 0 - BY: I ' SECOND: I BY: SECOND: BY:� SECOND: BY: SECOND: YES YES NO r YES w YES NO YES NO YES NO Mr. Arndt -00 Mr. Arndt_ Mr. Arndt Mr. Arndt Mr. Arndt Mr. Dvorak Mr. Dvorak Mr. Dvorak i- Mr. Dvorak Mr. Dvorak Ms. Kavanaugh 41 Ms. Kavanaugh 4 Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Ms. Skinner Ms. Skinner 00 Ms. Skinner Ms. Skinner Ms. Skinner Mr. Symmons L11101 Mr. Symmons Mr. Symmons Mr. Symmons Mr. Symmons Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner WOULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not to except in the case where brily six members of the assembPare resent and there is a three/three tie vote of the assembly. Robertsk1/1 I Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts L L • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. N Regular Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: Date: Adjourned: BY: � SECOND: V BY: 5 � SECOND: BY: � SECOND: V BY: S Cil SECOND: TBY: - SECOND: YES YES NO YES NO iYES NO YES No Mr. Arndt V .00 Mr. Arndt oe Mr. Arndt Mr. Arndt Mr. Arndt Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Mr. Dvorak Ms. Kavanaugh Ms. Kavanaugh V Ms. Kavanaugh Ms. Kavanaugh Ms. Kavanaugh Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Mr. Schroeder Ms. Skinner Ms. Skinner V Ms. Skinner fir- Ms. Skinner V Ms. Skinner Mr. Symmons V Mr. Symmon Mr. Symmons Mr. Symmons Mr. Symmons Mr. Turner Mr. Turner Mr. Turner Mr. Turner Mr. Turner WOU A_ NYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: TOTAL.:TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts Mayor Roberts • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. r View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2020, No. 53 March 20, 2020 At its Regular Meeting of March 19, 2020, the Kodiak Island Borough Assembly Took the Following Actions. The Next Regular Meeting of the Borough Assembly is Scheduled on Thursday, April 2, 2020, at 6:30 p.m. in the Borough Assembly Chambers. AMENDED The Agenda and Consent Agenda by Removing the Child Abuse Prevention Month Proclamation, Sexual Assault Awareness Month Proclamation, and Bear Awareness Presentation From Awards and Presentations, the Ordinance No. FY2020-18 Emergency Ordinance to Allow Regular Meetings to be Conducted via Teleconference From Public Hearing, and the Potential Sale, Including Terms and Price, Of Real Property Known as Killarney Hills Tract Located on E. Rezanoff and Woody Way Loop, Disposal of Borough Land on Borough Hill: Terms, Conditions and Price, and the Borough Clerk's Evaluation From Executive Session. POSTPONED INDEFINITELY Ordinance No. FY2020-15 Amending Title 3 Revenue and Finance Chapter 3.10.030 Permissible Investments and Chapter 3.10.120 Facilities Fund. AUTHORIZED the Borough Manager to Execute Contract No. FY2020-18 Agreement Between Kodiak Island Borough and International Brotherhood of Electrical Workers. AMENDED, ADOPTED Resolution No. FY2020-22 a Resolution of the Kodiak Island Borough Assembly Authorizing the Borough to Issue General Obligation School Bonds in the Principal Amount not to Exceed $500,000 to Provide Funds for School And Related Capital Improvements in the Borough and to Pay Costs Of Issuing the Bonds, Fixing Certain Details of Such Bonds Authorizing Their Sale, and Providing for Related Matters. *CONFIRMED The Mayoral Appointment of Ms. Rebecca Skinner to the Prince William Sound Regional Citizens Advisory Council For A Two-Year Term To Expire May 2022. *CONFIRMED The Mayoral Appointment of Ms. Teresa Pruitt to the Solid Waste Advisory Board for a Term to Expire December 31, 2022. *APPROVED A Letter of Support Addressed to Senior Citizens of Kodiak (SCOK) Grant Application for Family Caregiver Support Services. *APPROVED A Letter of Support Addressed to Senior Citizens of Kodiak (SCOK) Grant Application for Island Cove Adult Day Services. (*) Items Approved Under Consent Agenda.