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KETCHIKAN GATEWAY BOROUGH Regular Assembly Meeting AGENDA MARCH 21, 2022, 5:30 p.m. Assembly Chambers, 1900 First Avenue, Suite 144 A COMPLETE AGENDA PACKET IS AVAILABLE AT THE BOROUGH CLERK’S OFFICE AND ON THE BOROUGH WEBSITE. THE MEETING IS TELEVISED ON THE KPU LOCAL CHANNEL. LIVE WEBSTREAM IS AVAILABLE ON THE BOROUGH WEBSITE AT http://www.kgbak.us 1. Call to Order - Pledge of Allegiance - Roll Call 2. Ceremonial Matters - Presentations, Proclamations, Awards, Guest Introductions 3. Citizen Comments - Comments on any topic other than scheduled public hearings. 4. Scheduled Informational Reports and/or Presentations - Reports on construction progress, financial status, presentations of budgets, audits, and reports or planning documents and related items. a. Board of Education Report - Update on FY 2023 Local Funding to the School District b. Transit Report - Update on Transit Center Master Plan and Grant Funding Opportunities 5. Public Hearings - Procedure: Citizens will sign up on a sheet and testify in the order that they sign up. Citizens may present arguments in favor or in opposition; staff report may be provided; after the close of the public portion of the hearing, the assembly will deliberate and render a decision on the matter at hand. 6. Acceptance of Claims 7. Consent Calendar - Matters listed under the consent calendar are considered to be routine and will be enacted by one motion and one vote. There will be no separate discussion on these items. Platting or zoning items that are subject to court appeal may not be listed on the consent calendar. If the Mayor or an Assembly Member requests discussion, that item will be removed from the consent calendar and will be considered under Unfinished Business. a. Approval of Minutes - March 7, 2022 Borough Assembly Meeting b. Introduction of Ordinance 1967 Amending the FY 2023 Budget by Appropriating $1,113,575 from the General Fund to Eliminate the Deficit in the Self Insurance Fund c. Resolution 2922 Authorizing the Disposal of Interest of Real Property Located on Lot 3D2, U.S. Survey 3275, 5500 BLK S. Tongass Highway, for an Access and Utility Easement and Associated Temporary Construction Easement to Metlakatla Power and Light for a Submarine Fiber Optic and Electrical Cable d. Resolution 2930, Authorizing the Application for an Airport Terminal Program Grant e. Resolution 2931 Adopting Cost-of-Living-Adjustment (COLA) for Non-Represented Benefited March 21, 2022 Borough Assembly Packet Page 1 of 194

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KETCHIKAN GATEWAY BOROUGH 

Regular Assembly Meeting AGENDA MARCH 21, 2022, 5:30 p.m. Assembly Chambers, 1900 First Avenue, Suite 144

A COMPLETE AGENDA PACKET IS AVAILABLE AT THE BOROUGH CLERK’S OFFICE AND ON THEBOROUGH WEBSITE.

THE MEETING IS TELEVISED ON THE KPU LOCAL CHANNEL. LIVE WEBSTREAM IS AVAILABLE ON THEBOROUGH WEBSITE AT http://www.kgbak.us

           

1. Call to Order - Pledge of Allegiance - Roll Call   

2. Ceremonial Matters - Presentations, Proclamations, Awards, Guest Introductions   

3. Citizen Comments - Comments on any topic other than scheduled public hearings.   

4. Scheduled Informational Reports and/or Presentations - Reports on construction progress, financial status,presentations of budgets, audits, and reports or planning documents and related items.

  

a. Board of Education Report - Update on FY 2023 Local Funding to the School District   

b. Transit Report - Update on Transit Center Master Plan and Grant Funding Opportunities   

5. Public Hearings - Procedure: Citizens will sign up on a sheet and testify in the order that they sign up. Citizens may present arguments infavor or in opposition; staff report may be provided; after the close of the public portion of the hearing, the assembly will deliberate and render a decisionon the matter at hand.

 

 

6. Acceptance of Claims   

7. Consent Calendar - Matters listed under the consent calendar are considered to be routine and will be enacted by one motion and one vote.There will be no separate discussion on these items. Platting or zoning items that are subject to court appeal may not be listed on the consent calendar.If the Mayor or an Assembly Member requests discussion, that item will be removed from the consent calendar and will be considered under UnfinishedBusiness.

 

 

a. Approval of Minutes - March 7, 2022 Borough Assembly Meeting   

b. Introduction of Ordinance 1967 Amending the FY 2023 Budget by Appropriating $1,113,575from the General Fund to Eliminate the Deficit in the Self Insurance Fund

 

 

c. Resolution 2922 Authorizing the Disposal of Interest of Real Property Located on Lot 3D2, U.S.Survey 3275, 5500 BLK S. Tongass Highway, for an Access and Utility Easement and AssociatedTemporary Construction Easement to Metlakatla Power and Light for a Submarine Fiber Opticand Electrical Cable 

 

 

d. Resolution 2930, Authorizing the Application for an Airport Terminal Program Grant   

e. Resolution 2931 Adopting Cost-of-Living-Adjustment (COLA) for Non-Represented Benefited  March 21, 2022

Borough Assembly PacketPage 1 of 194

e. Resolution 2931 Adopting Cost-of-Living-Adjustment (COLA) for Non-Represented BenefitedEmployees

 

 

f. Resolution 2932 Supporting Alaska Department of Transportation and Public Facilities Projectsfor Murphy’s Pullout Seaplane Base Expansion at Murphy’s Landing and Ketchikan SeaplaneRamp Reconstruction at Ketchikan International Airport

 

 

g. Collective Bargaining Agreement with the Alaska Public Employees Association/AFT(2022-2024)

 

 

h. Award of a Sole Source Contract with Urban Transit Associates, Inc for the Purchase of anAutomatic Passenger Counting System for the Borough Transit System

 

 

8. Unfinished Business   

b. Transferred Consent Calendar   

9. New Business   

a. Work Session to Discuss the FY 2023 Borough Budget, including Revenues and Expenditures   

10. Reports of Committees, Executive, Administrators   

a. Manager's Report   

b. Mayor's Report   

c. Committee Reports   

d. Clerk Report - Assembly Quorum Requirements Following End of State of Emergency   

11. Assembly Members' Comments   

12. Executive Session - Procedure: Motion is made and voted upon. If adopted, executive session is held. If necessary, action is taken in publicsession following the executive session. If there is more than one executive session topic, each topic will be handled completely separate from the other.

  

13. Adjournment - The meeting must adjourn by 10:00 p.m. unless that deadline is extended to 10:30 p.m. by a motion approved by a majorityof the assembly members present. Any extension beyond 10:30 p.m. requires a unanimous vote of all assembly members present. If the meeting is notadjourned or extended prior to 10:00 p.m., or such extended time as has been set, the meeting shall automatically recess at that time and shall bereconvened at 5:30 p.m. the following day.

 

 

March 21, 2022Borough Assembly Packet

Page 2 of 194

   Assembly - Regular 4. a.        Meeting Date: 03/21/2022  Submitted By: Kacie PaxtonDepartment: ClerkApproved for Submittal: Charlanne Thomas, Acting Finance Director

Cynna Gubatayao, Assistant ManagerRuben Duran, Manager

Approved as to form: GlennBrown,BoroughAttorney

InformationTITLEBoard of Education Report - Update on FY 2023 Local Funding to the School District

RECOMMENDED ACTIONNo Assembly action required.

SUMMARY OF ISSUEKatie Parrott, School District Business Manager, will provide an update on the FY 2023 District budgetassumptions and the fixed cost increases.

Fiscal Impact

AttachmentsKGBSD FY23 Fiscal Assumptions KGBSD Fixed Cost Increases

March 21, 2022Borough Assembly Packet

Page 3 of 194

FY23 Initial Budget Discussion & Fiscal AssumptionsKetchikan Gateway Borough School District

Katie Jo Parrott, Business Manager

March 21, 2022Borough Assembly Packet

Page 4 of 194

FY23 - The Numbers

• Projected Entitlement Funding = $25,755,407• Down $282,824 from FY22

• Required Local Contribution = $5,318,687

• Local CAP (RLC + Discretionary) = $12,465,223

March 21, 2022Borough Assembly Packet

Page 5 of 194

Enrollment & State Funding

• Enrollment will continue to be down, under FY20 enrollment

• Last year of hold harmless

• No BSA increase* (Follow HB272, HB 273)

March 21, 2022Borough Assembly Packet

Page 6 of 194

March 21, 2022Borough Assembly Packet

Page 7 of 194

Local Funding

• Continued operating fund deficit in Local Education Fund (LEF)

• FY24 will likely need a super majority vote of the Assembly to meet funding request (FY23 if the School District requests additional funds)

March 21, 2022Borough Assembly Packet

Page 8 of 194

Forecasted - Subject to change

March 21, 2022Borough Assembly Packet

Page 9 of 194

Health Insurance Reserve

• Continued sizable deficit projected $2 million at FY22 end

• Claims trending down but still sizeable compared to previous years

March 21, 2022Borough Assembly Packet

Page 10 of 194

March 21, 2022Borough Assembly Packet

Page 11 of 194

COVID Relief

• Projected to be completely expended in FY23

• Carryforward unknown until closer to the end of the year

• Direction will be sought from stakeholders, public, and School Board

March 21, 2022Borough Assembly Packet

Page 12 of 194

Grants & Other Federal Funding

• Continues to trend upward

• Utilized more carryforward in current year, less to push forward

• Exploring options for increased revenue or new special program funding• Neglected & Delinquent Youth Program

• Homeless & At risk Youth Program

• Impact Aid?

March 21, 2022Borough Assembly Packet

Page 13 of 194

Recommendations

• Begin Finance Committee meetings

• Aggressive approach to funding health insurance program, increasing district contributions

• Continued streamlining – what can we live without?

• Begin phasing out COVID relief items

• Pursue new funding streams (fund diversification)

• Legislative advocacy to promote BSA increase & inflation adjusted public education funding

March 21, 2022Borough Assembly Packet

Page 14 of 194

March 21, 2022Borough Assembly Packet

Page 15 of 194

Fixed Cost Increases & Emerging Needs

FY17-FY21Ketchikan Gateway Borough School District

Katie Parrott, Business Manager

March 21, 2022Borough Assembly Packet

Page 16 of 194

$179,426 $182,951

$209,559 $197,371

$307,702

$-

$50,000

$100,000

$150,000

$200,000

$250,000

$300,000

$350,000

FY17 FY18 FY19 FY20 FY21

KGBSD UTILITIES & TELECOMMUNICATIONS

March 21, 2022Borough Assembly Packet

Page 17 of 194

$209,060

$224,700 $223,713

$239,521

$212,597

$190,000

$195,000

$200,000

$205,000

$210,000

$215,000

$220,000

$225,000

$230,000

$235,000

$240,000

$245,000

FY17 FY18 FY19 FY20 FY21

KGBSD WATER & SEWER

March 21, 2022Borough Assembly Packet

Page 18 of 194

$417,698

$439,204

$543,596 $552,750

$423,799

$-

$100,000

$200,000

$300,000

$400,000

$500,000

$600,000

FY17 FY18 FY19 FY20 FY21

KGBSD ELECTRICITY

March 21, 2022Borough Assembly Packet

Page 19 of 194

$184,970 $185,565

$296,560

$453,573

$518,648

$-

$100,000

$200,000

$300,000

$400,000

$500,000

$600,000

FY17 FY18 FY19 FY20 FY21

KGBSD INSURANCE & BOND PREMIUMS

March 21, 2022Borough Assembly Packet

Page 20 of 194

$3,758,298

$4,309,665

$5,716,118

$4,571,036

$5,722,782

$-

$1,000,000

$2,000,000

$3,000,000

$4,000,000

$5,000,000

$6,000,000

$7,000,000

FY17 FY18 FY19 FY20 FY21

KGBSD HEALTH INSURANCE

March 21, 2022Borough Assembly Packet

Page 21 of 194

Cost Drivers: Healthcare$

2,6

66

,53

3

$2

,94

5,3

56

$3

,26

1,8

17

$3

,39

0,9

34

$3

,51

4,3

96

$3

,75

8,2

98

$4

,30

9,6

65

$5

,71

6,1

18

$4

,57

1,0

36

$5

,72

2,7

82

$6

,50

0,0

00

F Y 1 2 F Y 1 3 F Y 1 4 F Y 1 5 F Y 1 6 F Y 1 7 F Y 1 8 F Y 1 9 F Y 2 0 F Y 2 1 F Y 2 2

10-YEAR KGBSD HEALTH INSURANCE EXPENDITURES

March 21, 2022Borough Assembly Packet

Page 22 of 194

Meeting Student Needs

0

100

200

300

400

500

600

FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22

KGBSD SPED Student Population Increase

SPED Intensive

March 21, 2022Borough Assembly Packet

Page 23 of 194

0

100

200

300

400

500

600

FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22

KGBSD SPED Student Population Increase

SPED Intensive

3,000,000.00

4,000,000.00

5,000,000.00

6,000,000.00

7,000,000.00

8,000,000.00

9,000,000.00

FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22Budget

SPED Budget Expenditures

March 21, 2022Borough Assembly Packet

Page 24 of 194

10-year Expenditure Trends – By Function

-

2,000,000

4,000,000

6,000,000

8,000,000

10,000,000

12,000,000

14,000,000

16,000,000

18,000,000

20,000,000

Instruction Special EducationInstruction

Special EducationSupport

Student SupportServices

Support ServicesInstruction

School Admin School AdminSupport

District Admin District AdminSupport

Operations &Maintenance

Student Activities

KGBSD Expenditures by Function

FY10 FY11 FY12 FY13 FY14 FY15* FY16 FY17 FY18 FY19 FY20

March 21, 2022Borough Assembly Packet

Page 25 of 194

   Assembly - Regular 4. b.        Meeting Date: 03/21/2022  Submitted For: Leslie Jackson Submitted By: Leslie JacksonDepartment: Transit

InformationTITLETransit Report - Update on Transit Center Master Plan and Grant Funding Opportunities

RECOMMENDED ACTIONNo Assembly action is required at this time.

SUMMARY OF ISSUEThe Transit Director will provide an update on the Transit Center Master Plan and grant fundingopportunities.

AttachmentsProgramming Memo Spatial Program Existing Site Plan

March 21, 2022Borough Assembly Packet

Page 26 of 194

`

327 Bawden St.

Ketchikan, Alaska

99901

(907) 225-2412 v

(907) 225-2422 f

A Limited Liability

Company

WELSH

WHITELEY

ARCHITECTS MEMORANDUM DATE: March 14, 2022 TO: Kyan Reeve, Director - Transit Department CC: Morgan Barry, Director – Public Works Leslie Jackson, Transit Manager - Transit Department FROM: Tim Whiteley - Welsh Whiteley Architects PROJECT: Transit Department Master Plan RE: Evaluation of Borough Transit Department Facility Needs Welsh Whiteley Architects, LLC (WWA) was contracted with the Ketchikan Gateway Borough to develop a masterplan of the Transit Department’s Administrative and Maintenance & Operations functions projected over the next five years. Specifically, WWA is in the process of completing the following tasks:

1. Analyze the 2015 Schematic Design, determine whether its recommendations

are effective given the projected expansion, and recommend amendments to

the schematic design assumptions to reflect the current projected program.

2. Identify spatial requirements per the new program, and assess the capability of

the building to house all existing and new functions within the existing footprint.

If insufficient square footage is determined, make recommendations for

additional building space.

3. Assess available maintenance space based on available square footage, the size

and age of the existing and projected fleet, and the space required to perform

regular programmatic maintenance.

4. Review the site for suitability based upon the current and projected fleet and

parking capacity. If the site is insufficient, identify expansion opportunities to

surrounding properties.

5. Project facility needs over a 5-year planning window.

6. Provide sufficient options for staff to determine the most viable means of accomplishing the project goals.

March 21, 2022Borough Assembly Packet

Page 27 of 194

W E L S H W H I T E L E Y A R C H I T E C T S , L. L. C. Page 2 of 4

D:\KGB Transit\March 2022 Memo\2137_Programming Memo.docx

Methods WWA met with staff of the Transit and Public Works Departments to develop a spatial program. This document identifies the spaces and associated area needed for operation over the next five years. WWA studied the past masterplan, reviewed the size of the vehicles in the fleet, number of parking spaces required, maneuvering space needed, and turning radii were identified and we used the ‘Bus Maintenance Facility Program/Space Calculator” developed by the American Public Transportation Association (APTA) to check the results. During subsequent meetings with staff the spatial program and APTA Calculator were further refined into the information included in the appendix of this memo. Review of the Existing Facility As you know, the Transit Department has grown quite a bit since its inception and since the study by Jensen Yorba Lott (JYL) was done in 2015. It is the only Borough department to have grown over the past few years. Additional staff have been brought on to respond to growth of the system. The bus routes have expanded north and south, and the seasonal downtown shuttle helps visitors get from one end of downtown to another. The opening of the Ward Cove Cruise Port will have the daily impact of several thousand passengers and workers needing transportation from the port to town during the summer. In addition, I understand that the Department also provides paratransit services with a fleet of 7 of these vehicles. The Copper Ridge site is a suitable geographical location for the Transit Center since it is along the bus lines, and centrally located with serviced streets. But, as will be discussed later in this memo, the site is too small to support current operations let alone the anticipated needs over the next five years. The existing building was constructed in 2008 and has some condition issues that WWA is investigating as a separate scope of work. These issues include investigating the cause of settlement of the existing concrete floor slab in the maintenance bays and what methods could be undertaken to correct this. Our report is not yet finished on that subject, but assuming that the issue can be overcome, the building’s condition is fair and the building could continue to be used. Specific condition issues include that the metal siding and roofing are nearing the point of where they need to be replaced. A report by Tony Yorba of JYL in July of 2015 determined that the roof has been patched multiple times due to past damage from errant rocks jettisoned during rock blasting in the neighborhood. If replaced, I recommend that insulated metal wall and roof panels be used. In addition, the interior finishes are worn and in typical of their age need of upgrading and the IT equipment is housed in the boiler room and it should have its own dedicated room.

March 21, 2022Borough Assembly Packet

Page 28 of 194

W E L S H W H I T E L E Y A R C H I T E C T S , L. L. C. Page 3 of 4

D:\KGB Transit\March 2022 Memo\2137_Programming Memo.docx

Summary of Existing Spatial Conditions and Needs The administration section of the existing building is woefully inadequate for current needs, let alone anticipated staffing increases. The building lacks the necessary number of offices, a conference room, a dedicated fare counting space, dedicated IT/server room, storage for IT equipment, janitor room. And in response to recent FTA requirements, a dedicated training room for 25 to 30 people has been identified as necessary to ensure that the drivers maintain the training required for their positions. Maintenance functions occur in the majority of the existing building. there are two repair bays for buses, a mechanic’s office/parts room, a storage mezzanine, and a lubricants/oil storage room. A dedicated bus wash bay was added to the east end of the building in 2017. To properly service the fleet and allow a space for emergency repairs, the department needs three, wider, bus maintenance bays as well as a small bay for smaller vehicles. Some equipment serving the maintenance bays does not have the required work clearances which leads to inefficient use. The Operations/Drivers functions include space for drivers to store the belongings, wait between shifts and receive updates to road conditions and advisories. Their current break room is not physically separated from maintenance area. The site lacks adequate space to for parking for all of the vehicles in the fleet (including the three buses being constructed). Buses are required to be driven to the front of the building to be brought in to the maintenance bays and backed out on to Copper Ridge Lane after servicing. Staff parking is inadequate during the summer season. There is no fueling station on-site. The detailed spatial program is included as an appendix to this report. In a nutshell, the comparison between the existing facility and the actual needs is outlined below:

Existing (SF) Needed (SF)

Parking & Site Circulation 28,709 113,889

Adminstration 1,000 5,337

Maintenance & Operations 8,230 13,481

37,939 132,707

March 21, 2022Borough Assembly Packet

Page 29 of 194

W E L S H W H I T E L E Y A R C H I T E C T S , L. L. C. Page 4 of 4

D:\KGB Transit\March 2022 Memo\2137_Programming Memo.docx

Conclusion It was clear from interviews with Transit staff and observations that the existing site and building are undersized to serve the current transit fleet. The spatial program developed provides a quantifiable baseline for what size spaces are needed. The current site has a usable area of 37,939 square feet (0.9 acres). The APTA Calculator verified that the existing facility is undersized by 0.8 acres, which is about half the size it should be. After acquisition of the new buses, incorporating the paratransit fleet, and adding improvements to allow the Department to function more efficiently, the site area needed for the Transit Facility is 3.05 acres. In other words, a property about three times the size of the current property is needed to house the upcoming equipment and to accommodate modest growth. There are three basic options that the Borough could pursue: Option 1 – Status Quo: In this option the Borough would continue to operate out of the existing transit facility without adding on or remodeling. It will be necessary to find land (through leases or another means) for storage of portions of the fleet that will not fit on the current site and office space for administration. The Department will incur other costs to maintain functionality (i.e. travel time for employees between the home base and the bus staging, etc.) Option 2 – Acquire Adjacent Property: There are a land parcels in the Copper Ridge neighborhood that may be available. For example, Lot 4A is adjacent to the Borough’s property to the west and, if available, would allow the Department a unique opportunity for simple lateral expansion. Although this property doesn’t equal the total area necessary, but would be a good improvement to the Department’s operations. Option 3 – Acquire Land for New Facility: Purchase of a parcel of at least three acres would allow the department to construct a new building to house the administrative, maintenance and operations functions of the Department as well as provide the site area necessary to house the fleet, and provide the accessory services necessary. The Copper Ridge site could be sold (if past grant agreement would allow) or be used by another Borough Department. The land acquisition scenario outlined in Option 3 above, could be accomplished through a Request for Proposals process.

March 21, 2022Borough Assembly Packet

Page 30 of 194

WELSH WHITELEY ARCHITECTS, LLC 3/9/2022Spatial ProgramProject: Transit FacilityClient: Ketchikan Gateway Borough

EXISTING CONDITIONS Area (SF)First Floor 6,000

Bus Wash Addition 730 Second Floor 2,500 mezzanine

Total Existing Building Area: 9,230 Existing Useable Parking & Circulation: 28,709 (less 2000 SF for toe of slope)

Existing Usable Site Area Total: 37,939 0.87 acres

March 21, 2022Borough Assembly Packet

Page 31 of 194

WELSH WHITELEY ARCHITECTS, LLC 3/9/2022Spatial ProgramProject: 2137.01 - Transit Facility Master PlanClient: Ketchikan Gateway Borough

TOTAL BUILDING & SITEAdministrative Offices: 5,337

Maintenance & Operations: 13,481 Exterior Parking Subtotal: 66,371

85,189 Grossing Factor: 1.20

Total Building Area + All Parking: 102,227Grossing Factor: 1.35

Total Site Required: 138,007 3.17 Acres

SITE Quantity Size Factor Totalfrom APTA Bus Maintenance Facility Program/Space Calculator

# of Vehicles Factor Area (SF) Area (SF)

Exterior Bus Parking 13Future Buses 2Parking for Paratransit Vehicles 7Support Vehicle Parking 3Other Vehicles 5

30 13,700

Staff Parking (current-low season) 14 11,600 Visitor Parking 4 3,314

Bus Parking Pattern Factor 3.13 42,881 Exterior Parked Bus Site Circulation 1.20 51,457

66,371 Exterior Parking Subtotal

March 21, 2022Borough Assembly Packet

Page 32 of 194

SPACE QUANT. AREA (SF) TOTAL NOTESADMNISTRATIVE OFFICESStaff Offices 3 200 600 3 private offices: Director, Transit Manager, other. With table for smAdditional Offices 2 175 350 FUTURE: Paratransit Dispatch, customer service.Interview/Fare Count 1 150 150 Space for paratransit interviews. Locking fare storage. Camera.Wait Area 1 220 220 SeatingReception Area 1 350 350 1 staff, addition PT staff in future. Bus pass card printer. Copier/printBreak Room 1 150 150 Space for cabinet/counter, sink, refrigerator, mw.Training Room 1 735 735 Large enough to host regional meetings and/or CDL training sessionsLibray 1 120 120 Storage room for training materials, plans, books.Conference Room 1 600 600 conference room for holding meetings/applicant interviewsPublic Toilets 2 40 80 Accessible. Increase size to accommodate Training Room occupants.IT Room 1 80 80 RackStorage 1 64 64 8'x'8'. Lost & Found, supplies, cleaning Janitor Room 1 64 64 With mop sink, shelves for cleaning supplies and paper products.Sign Shop 1 230 230 Sign printer/plotter, supplies.Technology Storage Room 1 120 120 Spare equipment for buses (screens, DVRs, hardware, cables, etc.)File Storage 1 100 100 10'x10'

Subtotal: 4,013 Mechanical Spaces 321 Building Heat, auto. Sprinkler, air handling. (8% of gross)Circulation, Structure, walls, etc. 1,003 Based on 25% of gross area.

Total Administrative Offices: 5,337

March 21, 2022Borough Assembly Packet

Page 33 of 194

SPACE QUANT. AREA (SF) TOTAL NOTESMAINTENANCE & OPERATIONSMaintenance Bays 3 1,400 4,200 20' wide bays, plus 4' additional space on sides for bus lifts x 50'Maintenance Bay 1 400 400 12'x'20' w/ 4' along edges. For small vehicles with drive up lift.Bus Wash 1 730 730 Based on existing Bus Wash. With new washing equipment?Parts Room 1 300 300 Based on 50'x60'. Small parts. Parts vending machines.Maintenance Office 1 60 60 Based on existing room size. Existing shared with Parts Room.Lubricants/Oil Room 1 200 200 Based on existing room size.Storage (mezzanine) 1 2,500 2,500 Based on existing room size. Tires/wheels, windshields, major parts, Break Room 1 240 240 Space for cabinet/counter, sink, refrigerator, mw. Includes locker areShop Toilet 2 64 128 Accessible. Assume separate mens & womens required.Shower Room 1 64 64 PrivateWelding Area 1 240 240 Based on 20'x12' min.Bus Cleaning Supplies Area 1 64 64 Bitimec storage? 8'x8'. With 120V power connection for charger.Building Maintenance Supplies 1 400 400 20'x20'. Building maintenance supplies, carpentry tools/supplies, pleParts Cleaning 1 14 14 2'x7'.Air Compressor 1 40 40 4'x10'w/ air dryerWasher & Dryer 1 15 15 3'x5'Shop Work Table 1 32 32 4'x8'Gray Cabinet 1 15 15 3'x5' (existing)Waste Oil 1 16 16 4'x4'Diesel Exhaust Fluid (DEF) Tank 1 20 20 4'x5'Eyewash Station 1 16 16 4'x4', tempered water connection.Small Tire Changer 1 12 12 3'x4'Large Tire Change Machine 1 45 45 5'x9'Tire Balancer 1 35 35 5'x7'Tool Benches 1 48 48 24 LF x 2' Deep BenchPressure Washer 1 54 54 6'x9'Forklift 1 48 48 4'x12'Miscellaneous 1 200 200 Snow removal equipment, shelter cleaning supplies.

0 - - Subtotal: 10,136

Mechanical Spaces 811 Building Heat, auto. Sprinkler, air handling. (8% of gross)Circulation, Structure, walls, etc. 2,534 Based on 25% of gross area.

Total Maintenance & Ops: 13,481

March 21, 2022Borough Assembly Packet

Page 34 of 194

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March 21, 2022Borough Assembly Packet

Page 35 of 194

AutoCAD SHX Text
PROJ. No.: 2137.01
AutoCAD SHX Text
DATE: 03-09-2203-09-22

   Assembly - Regular 6.        Meeting Date: 03/21/2022  Submitted By: Kacie PaxtonDepartment: ClerkApproved for Submittal: Approved as to form:

InformationTITLEAcceptance of Claims

RECOMMENDED ACTIONNo Assembly action required.

SUMMARY OF ISSUEThere are no Claims being presented for review at the March 21, 2022, Assembly meeting.

Fiscal Impact

AttachmentsNo file(s) attached.

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   Assembly - Regular 7. a.        Meeting Date: 03/21/2022  Submitted By: Jenni FoxDepartment: Clerk

InformationTITLEApproval of Minutes - March 7, 2022 Borough Assembly Meeting

RECOMMENDED ACTION"I move to approve the minutes of the March 7, 2022, regular Borough Assembly meeting."

SUMMARY OF ISSUE

AttachmentsMarch 7 Assembly Minutes

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Regular Assembly Meeting March 7, 2022 – Page 1

KETCHIKAN GATEWAY BOROUGH

Regular Assembly Meeting

March 7, 2022 Assembly Chambers

Call to Order - Pledge of Allegiance - Roll Call

The regular meeting of the Ketchikan Gateway Borough Assembly was called to order at 5:30 p.m. on Monday,

March 7, 2022, by Mayor Dial in Assembly Chambers. The Pledge of Allegiance was recited, and the roll was called.

PRESENT PHYSICALLY: BYNUM, ECHOHAWK, LANDIS, MCQUERRY, PALMER, PIERCE

PARTICIPATED TELEPHONICALLY: OTOS

ABSENT: NONE

Staff present included:

Manager Duran, Attorney Brown, Assistant Manager Gubatayao, Airport Manager Peura, Planning Director Harney,

Public Works Director Barry, Parks and Recreation Supervisor Miller, Transit Director Reeve, Deputy Clerk Fox, and

Clerk Paxton.

Ceremonial Matters - Presentations, Proclamations, Awards, Guest Introductions

Proclamation- Gateway Recreation Center 25th Anniversary

Mayor Dial read a proclamation commemorating the 25th anniversary of the Gateway Recreation Center. He

presented a copy of the proclamation to Parks and Recreation Supervisor Miller and Bobby Bankson, who had

worked at the Recreation Center for 25 years. Ms. Miller spoke about her experiences working at the Recreation

Center for 23 years and commended her staff. Mr. Bankson spoke about the positive impacts that the Center

provides to community members.

Citizen Comments - Comments on any topic other than scheduled public hearings.

Sean Vail, Public Works Parks Technician, discussed the 2019 compensation study and the process to update his

job description. He voiced frustration at the process and opined that the outcome would be different if the job

description would have been updated prior to the compensation study.

Deborah Hayden, Grow Ketchikan, provided a report of recent activities and programs. She announced the

"Entrepreneurs Network" and invited Assembly members to participate in the group's first meeting on March 11.

Scheduled Informational Reports and/or Presentations - Reports on construction progress, financial status, presentations of

budgets, audits, and reports or planning documents and related items.

Board of Education Report

Bridget Mattson, School Board Clerk-Treasurer, spoke in support of Joint Resolution 2929 urging an increase in

the Base Student Allocation (BSA). She reported the School District was looking at flat funding from the State, but

was expecting increases in education and teaching costs.

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Katie Parrott, School District Business Manager, requested Assembly approval of Resolution 2929. She referenced

materials on the District website regarding the increase in fixed costs, and reported the goal was to protect core

programming. She expressed a need to see an increase in the BSA or increase in appropriation from the State.

Public Hearings - Procedure: Citizens will sign up on a sheet and testify in the order that they sign up. Citizens may present arguments in

favor or in opposition; staff report may be provided; after the close of the public portion of the hearing, the assembly will deliberate and render a

decision on the matter at hand.

Ordinance 1972 Amending KGBC 4.50.260, Use of Funds, Reducing the Recreation Maintenance and Operations

Subsidy from 25 Percent to 20 Percent

Staff presentation - Assistant Manager Gubatayao provided a summary of Ordinance 1972, noting it would reduce

the General Fund subsidy from the Recreation CIP from 25 percent to 20 percent. She explained the reduction

would strengthen the Recreation CIP Fund and help fund the fields bond.

Public Hearing – As there was no public testimony, Mayor Dial closed the public hearing.

M/S: PIERCE/MCQUERRY to adopt Ordinance 1972, amending KGBC 4.50.260, entitled 'Use of Funds', to reduce

the maintenance and operations subsidy from the Recreation CIP fund to the General Fund from 25 percent of

Recreation CIP sales tax to 20 percent

Upon roll call the vote on the MOTION was:

YES: BYNUM, LANDIS, OTOS, PIERCE, ECHOHAWK, MCQUERRY, PALMER

MOTION DECLARED CARRIED

Ordinance 1973 Amending the FY 2022 Budget by Appropriating $75,000 from the Wastewater Enterprise Fund

for a Vactor Truck and $95,973 from the Healthy and Equitable Communities Grant Fund

Staff presentation - Assistant Manager Gubatayao provided a summary of Ordinance 1973, which, she explained,

would provide funding to purchase a Vactor truck, and would appropriate funding to disburse for the Healthy and

Equitable Communities grants.

Public Hearing – As there was no public testimony, Mayor Dial closed the public hearing.

M/S: MCQUERRY/ECHOHAWK to adopt Ordinance 1973, Amending the FY 2022 budget by appropriating $75,000

from the Wastewater Enterprise Fund for a Vactor truck and $95,973 from the Healthy and Equitable Communities

Grant Fund

Upon roll call the vote on the MOTION was:

YES: OTOS, ECHOHAWK, PALMER, MCQUERRY, PIERCE, LANDIS, BYNUM

MOTION DECLARED CARRIED

Introduction of Ordinance 1974 Rezoning Lot 1 of the Casey Moran Harbor Replat, Plat 2019-27 Ketchikan

Recording District, Located at 809 Water Street, from Heavy Industrial (IH) to General Commercial/Mobile Building

Restricted (CG/MBR)

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Staff presentation - Planning Director Harney provided a presentation on the proposed rezone, which would add

residential use. He reported the height limitation in the General Commercial (CG) zone was 50 feet and discussed

the 2011 parking study and Revitalizing Ketchikan's Neighborhoods Project. He reported staff recommended

approval of the ordinance.

Assembly Member EchoHawk asked if the zoning would be identical to the zoning across the street. Planning

Director Harney responded the parcels across the street were subject to the Newtown Overlay Zone, which has

design requirements.

Assembly Member Bynum voiced concern that parking was not addressed and asked if parking would be covered

in later Planning actions. Planning Director Harney said by signing a waiver, the owner would not be required to

provide parking. Mr. Harney added the only way to address it would be to vacate the Central Parking Area and

amend the Code.

Assembly Member McQuerry inquired about the height of the adjacent buildings.

Public Hearing - Stephen Peters, appearing telephonically, architect for the proposed project, clarified that the site

currently had no restriction on the height, but the building design was planned at approximately 35 feet. He

commented it was compatible with other neighborhood buildings, and was consistent with the Future Land Use

Map (FLUM), Strategic Plan, and Comprehensive Plan.

Assembly Member Bynum asked what was the intended purpose of the housing. Mr. Peters responded a specific

use had not yet been identified.

Nathaniel Currall, attorney for the applicant, stated the rezone was essentially a down zone from Heavy Industrial

(IH) to CG and would fit the area.

Jacob Sulken, neighbor to the parcel proposed to be rezoned, voiced concern about the affect to the community.

He shared concerns about the lack of parking with parking already taken up with current uses. He spoke about

residents being concerned about the view and suggested a compromised height of about 30 feet. He commented

the quality of life of the neighborhood had to do with the water view, and the addition of large buildings on the

waterfront would take away from the aesthetics of the area.

As there was no additional public testimony, Mayor Dial closed the public hearing.

M/S: ECHOHAWK/PALMER to introduce Ordinance 1974 rezoning Lot 1 of the Casey Moran Harbor Replat, Plat

2019-27, located at 809 Water Street, from Heavy Industrial (IH) to General Commercial/Mobile Building Restricted

(CG/MBR), and set it for a second public hearing on April 4, 2022.

Assembly Member McQuerry voiced objection to rezone requests by owners that changed the use of the property

after the property was purchased.

In response to Assembly Member Bynum, Mr. Peters described the preliminary conceptual site and building plan,

which included a courtyard and suspended artwork.

Assembly Member EchoHawk supported the rezone request due to the current housing situation, which he

characterized as a housing crisis. He reported families were moving out of town due to inability to find housing,

and others were displaced. He agreed that the view should not be impeded and the plan should match the

character of the neighborhood.

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Assembly Member Pierce supported the ordinance and appreciated the work of the applicant to work with a local

architect and attorney, and commended staff and the Planning Commission for the thorough reports.

Assembly Member Bynum supported the rezone, noting additional housing would take pressure off of the

community. He invited additional comments for the second hearing.

Upon roll call the vote on the MOTION was:

YES: LANDIS, OTOS, PIERCE, ECHOHAWK, MCQUERRY, PALMER, BYNUM

MOTION DECLARED CARRIED

Acceptance of Claims

Presentation of Claims for Checks #57084 through #57122 and Electronic Transfers #307202 through #307238 for

the Period of 2/14/22 through 2/25/22, and for ACH Transfers and Bank Debits #9006646 through #9006660 for

the Period of 2/14/22 through 2/25/22 for Assembly Review and Acceptance

M/S: PIERCE/MCQUERRY to approve the presented claims totaling $5,331,940.87; 54.8% of which is for School

District Expenditures; 27.8% of which is for City of Ketchikan / City of Saxman Taxes; 4.6% of which is for Non-

areawide Library Services; >1% of which is for Community Grants; and 12.2% of which is for Borough Operations

Upon roll call the vote on the MOTION was:

YES: BYNUM, ECHOHAWK, LANDIS, MCQUERRY, OTOS, PALMER, PIERCE

MOTION DECLARED CARRIED

Consent Calendar - Matters listed under the consent calendar are considered to be routine and will be enacted by one motion and one vote.

There will be no separate discussion on these items. Platting or zoning items that are subject to court appeal may not be listed on the consent

calendar. If the Mayor or an Assembly Member requests discussion, that item will be removed from the consent calendar and will be considered

under Unfinished Business.

Approval of Minutes - February 22, 2022, Borough Assembly Meeting; January 28, 2022, Assembly Policy Meeting

Annual Appointments to the Planning Commission

Resolution 2923 Authorizing the Submission of an ACWF Loan Questionnaire and Application from the Alaska

Department of Environmental Conservation for the Mountain Point Wastewater Treatment Plant Upgrades

Resolution 2924 Authorizing the Submission of an ADWF Loan Questionnaire and Application from the Alaska

Department of Environmental Conservation for Fawn Mountain Tank Resealing

Resolution 2925 Authorizing the Submission of an ADWF Loan Questionnaire and Application from the Alaska

Department of Environmental Conservation for Roosevelt and Romine Drive Water Mains Replacement

Resolution 2926 Adopting a New Schedule of Pay Classifications for the International Brotherhood of Electrical

Workers Local 1547 and Masters Mates and Pilots

Resolution 2927 Accepting a COVID-19 Healthy and Equitable Communities Grant in the Amount of $95,973

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Resolution 2928, Accepting $7,290,861.99 in Local Fiscal Recovery Funds from the Department of Commerce,

Community, and Economic Development

Award of Healthy and Equitable Community Grants to First City Homeless Services and Residential Youth Care, Inc.

Award of Contract with Tetra Tech Alaska, LLC. for the South Tongass Water System Master Plan in the amount of

$214,980

Purchase of a Vactor Truck in the Amount of $468,467 through a Sourcewell Cooperative Purchasing Agreement

Award of Sole Source Contract to Vigor Alaska for Required Inspections and Repairs to the Airport Ferry M/V Ken

Eichner-2

Assembly Member Bynum requested to remove item 7f (Resolution 2926) for discussion under unfinished

business.

M/S: MCQUERRY/PIERCE to approve the Consent Calendar as amended (with removal of 7f)

Upon roll call the vote on the MOTION was:

YES: MCQUERRY, PALMER, BYNUM, LANDIS, OTOS, PIERCE, ECHOHAWK

MOTION DECLARED CARRIED

The Assembly recessed at 6:50 p.m. and reconvened at 6:55 p.m.

Unfinished Business

Transferred Consent Calendar - Resolution 2926 Adopting a New Schedule of Pay Classifications for the

International Brotherhood of Electrical Workers Local 1547 and Masters Mates and Pilots

M/S: BYNUM/MCQUERRY to adopt Resolution 2926 amending the schedule of pay classifications for International

Brotherhood of Electrical Workers Local 1547 by reclassification of Parks Technician II position and Masters, Mates

and Pilots by reclassification of Ferry Captain position

Assembly Member Bynum asked about the compensation study process and how the reclassification of positions

fit into that process. Manager Duran said that employees could request a review of their job description every two

years. He reported the position was sent to Gallagher for review, and that routine maintenance of the program

would bring positions forward for reclassification in between adoption and plan revisions.

Upon roll call the vote on the MOTION was:

YES: PIERCE, PALMER, MCQUERRY, LANDIS, BYNUM, ECHOHAWK, OTOS

MOTION DECLARED CARRIED

New Business

Joint Assembly-School Board Resolution Calling on the Governor and Legislature of the State of Alaska to Increase

the Base Student Allocation (BSA)

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M/S: PIERCE/ECHOHAWK to adopt Resolution 2929, a joint resolution of the Assembly and the School Board,

calling on the Governor and Legislature of the State of Alaska to increase the Base Student Allocation (BSA)

Assembly Member EchoHawk supported the motion, commenting he hoped the State would do a better job

fulfilling its Constitutional obligation.

Assembly Member Pierce supported the ongoing conversation and request for the State to be accountable.

Assembly Member Landis inquired about the cumulative loss and whether it took into account the supplemental

appropriation.

Mayor Dial discussed recent communications with Lobbyist Matiashowski for advocacy in Juneau.

Upon roll call the vote on the MOTION was:

YES: OTOS, PIERCE, ECHOHAWK, MCQUERRY, PALMER, BYNUM, LANDIS

MOTION DECLARED CARRIED

Adoption of the Ketchikan International Airport Terminal Area Plan

M/S: MCQUERRY/PALMER to adopt the 2021 Ketchikan International Airport Terminal Area Plan

Assistant Manager Gubatayao provided a summary of the Airport Terminal Plan:

Work started on plan in May 2019;

Four initial concepts considered;

3-phase development program;

Phase A cost approximately $23 million; Phase B cost approximately $35 million; Phase C cost

approximately $31 million;

Staff was reviewing funding opportunities through Federal infrastructure.

She explained that if the Assembly adopted the plan, it would allow staff to continue moving forward with

submitting grant applications. She outlined the next steps:

Applying for Airport Terminal Program Grant;

Award of contract for architectural, engineering, and project management services;

Submitting PFC Application #3;

Master Airport Lease extension;

Revenue bond paid by PFC funds, if necessary;

Design phase;

Construction phase.

She reported the total project cost was projected to be $89 million if all appropriated, and that staff scaled back to

$25 million based on funding identified for Phase A.

In response to Assembly Member Bynum, Assistant Manager Gubatayao responded a revenue bond would not

impact the Borough negatively because of the current expiring bond debt.

Assembly Member Landis supported developing the plan at the right time to capitalize on available funding

streams and spoke in support of adopting the Airport Plan.

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Assembly Member Pierce noted that additional parking on the airport side was included in the long-term phase

and commended Airport Manager Peura on his project management.

Assembly Member EchoHawk thanked staff for their hard work.

Upon roll call the vote on the MOTION was:

YES: PALMER, BYNUM, LANDIS, OTOS, PIERCE, ECHOHAWK, MCQUERRY

MOTION DECLARED CARRIED

Reports of Committees, Executive, Administrators

Manager's Report

Manager Duran provided highlights of his written report:

Work on Rotary Beach improvements occuring;

Forest Park playground request had been added to the discussion for the parks and playground survey in

development of a Parks Master Plan.

Assembly Member McQuerry inquired about South Tongass Volunteer Fire Department (STVFD) being awarded

$100,000. Manager Duran responded that STVFD had assisted the Coast Guard with providing aide to an

individual, whose family later donated the funds.

Mayor's Report

Mayor Dial provided a report of his recent activities:

Delivered the State of the Borough Address on March 3 - top concern mentioned by audience was

housing issue;

Community concerns about food, fuel, and commodities; significant inflation would reduce disposable

income.

Committee Reports

Assembly-School Board Liaison Committee – Assembly Member Palmer reported the Committee met and

discussed School District funding and support for legislation to increase the BSA.

Report of Southeast Conference Mid-Session Summit - Assembly Members Otos and Pierce

Assembly Member Pierce referenced her written report in the agenda packet and spoke in support of in-person

advocacy meetings.

Report of AML Legislative Conference - Assembly Members Bynum and McQuerry

Assembly Member McQuerry referred to her written report and referred to the trip as being beneficial.

Assembly Member Bynum added face-to-face meetings were valuable. He reported on a Department of

Environmental Conservation (DEC) meeting regarding wastewater treatment and the far reaching impacts to the

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Regular Assembly Meeting March 7, 2022 – Page 8

community. He referred to discussions of fiscal policy and talk of increasing state revenue through a proposed

income tax or sales tax, but not much on long term fiscal policy.

Assembly Members' Comments

Assembly Member Bynum thanked Mayor Dial for his State of the Borough address. He voiced concern about the

community's housing issue and requested updates from staff on the status of the directions provided by the

Assembly at the Policy Session.

Executive Session - Procedure: Motion is made and voted upon. If adopted, executive session is held. If necessary, action is taken in public

session following the executive session. If there is more than one executive session topic, each topic will be handled completely separate from the

other.

Executive Session to Discuss Strategy for Labor Negotiations with the Alaska Public Employees Association/AFT

There was no executive session held.

Adjournment - The meeting must adjourn by 10:00 p.m. unless that deadline is extended to 10:30 p.m. by a motion approved by a majority

of the assembly members present. Any extension beyond 10:30 p.m. requires a unanimous vote of all assembly members present. If the meeting is

not adjourned or extended prior to 10:00 p.m., or such extended time as has been set, the meeting shall automatically recess at that time and shall

be reconvened at 5:30 p.m. the following day.

The meeting adjourned at 7:41 p.m.

_____________________________________________________

Rodney Dial, Borough Mayor

ATTEST:

________________________________________________________

Kacie Paxton, Borough Clerk

APPROVED: _________, 2022

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   Assembly - Regular 7. b.        Meeting Date: 03/21/2022  Submitted By: Cynna GubatayaoDepartment: Manager's OfficeApproved for Submittal: Charlanne Thomas, Acting Finance Director

Cynna Gubatayao, Assistant ManagerRuben Duran, Manager

Approved as to form: GlennBrown,BoroughAttorney

InformationTITLEIntroduction of Ordinance 1967 Amending the FY 2023 Budget by Appropriating $1,113,575 from theGeneral Fund to Eliminate the Deficit in the Self Insurance Fund

RECOMMENDED ACTIONI move to Introduce Ordinance 1967, Amending the FY 2023 Budget by appropriating $1,113,575 fromthe General Fund to eliminate the deficit in the Borough's portion of the Self Insurance Fund and set itfor public hearing on April 4, 2022.

SUMMARY OF ISSUEThe Assembly and Management have been monitoring the deficit in the Self Insurance Fund for at leastthree years.  Adjusting the per employee allocation (premiums) to a rate that is high enough to coveractual claims and eliminate the accumulated deficit in one fiscal year would require increasing peremployee allocations (premiums) from $2,825/mo to $4,332/mo, a 53.3% increase. If the deficit iseliminated before adjusting premiums, the required allocation would be $3,301, a 16% increase.  Thiswould be the minimum per employee allocation for FY 2023.

Management recommends the Assembly adopt Ordinance 1967.  Management further recommends thata more proactive approach to managing the Self Insurance Fund Balance be implemented. If there is adeficit in the Self Insurance Fund when the audit is completed at the end of December each year, staffwill bring forward a budget amendment for Assembly consideration to eliminate the deficit.  Along withthe budget amendment for the deficit, Management will make a recommendation as the requiredallocation (premium) deposits taking into account the nature of the claims and any other factorsconsidered by the Borough's brokers to be pertinent.  If the recommendation is to increase the allocationmid-year, an additional budget amendment may be required. 

Fiscal Impact

AttachmentsOrdinance 1967 Self Insurance Fund Balances

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New wording is underlined—Deleted wording is [CAPITALIZED AND BRACKETED]

KETCHIKAN GATEWAY BOROUGH

ORDINANCE NO. 1967

An Ordinance of the Assembly of the Ketchikan Gateway Borough Amending the FY 2022 Borough Budget by Making a Supplemental Appropriation in the Amount of $1,113,575 from the General Fund to Eliminate the FY 2021 Year End Deficit in the Borough’s Portion of the Self Insurance Fund.

R E C I T A L S

A. WHEREAS, in accordance with Ketchikan Gateway Borough Code 4.05.020, the Borough Assembly held a public hearing on the proposed FY 2022 Budget and Capital Program; and

B. WHEREAS, on May 17, 2021, the Borough Assembly enacted Ordinances 1945 and 1946-A which adopted the Borough and School District budgets for FY 2022; and

C. WHEREAS, after duly held public hearings, the Assembly previously amended the FY 2022 budget as follows:

1) Ordinance 1950 on June 21, 2021;

2) Ordinance 1952-A on August 2, 2021;

3) Ordinance 1957 on September 7, 2021;

4) Ordinance 1959 on September 7, 2021;

5) Ordinance 1961 on September 20, 2021;

6) Ordinance 1963 on November 15, 2021;

7) Ordinance 1964 on November 15, 2021;

8) Ordinance 1965 on November 15, 2021;

9) Ordinance 1969 on January 17, 2022;

10)Ordinance 1973 on March 7, 2022; and

D. WHEREAS, in 1999, the Borough and the School District executed an agreement entering a self-insurance pool, and laying out each organizations rights and responsibilities under the agreement; and

E. WHEREAS, each party has the right to set its own coverages, benefits, premiums, and other elements of plan design; and

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Ordinance No. 1967 Page 2

New wording is underlined—Deleted wording is [CAPITALIZED AND BRACKETED]

F. WHEREAS, that 1999 agreement states that the Borough ‘shall maintain separate accounts for each party’s receipts, disbursements, and reserves; and

G. WHEREAS, the Borough has, since FY 2020, incurred a deficit in its portion of the Self Insurance Fund, which now stands at $1,113,575 per the audited financial statements; and

H. WHEREAS, the Assembly finds it in the best interests of the Borough to eliminate the June 30, 2021 deficit in the Borough’s Portion of the Self Insurance Fund.

NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KETCHIKAN GATEWAY BOROUGH, as follows:

Section 1. The following amendments to the FY 2022 budget are approved:

Section 2. All expenditures necessary to carry out the amendments in Section 1 are hereby authorized, and the funds necessary therefore are hereby appropriated.

Section 3. Every unencumbered appropriation for all funds shall lapse at the close of the fiscalyear to the respective fund. An appropriation for a capital improvement, contract or grantaward, or encumbered appropriation for all funds shall not lapse until its purpose has beenaccomplished or abandoned.

Section 4. Effective date. This ordinance is effective immediately upon adoption.

ADOPTED this _____ day of ____________, 2022.

EFFECTIVE this _____ day of ____________, 2022.

_______________________________________________Rodney Dial, Borough Mayor

ATTEST:

_______________________________________________Kacie Paxton, Borough Clerk

APPROVED AS TO FORM:

Item Account Desc Acct Code Supplemental Appropriations

1 Eliminate Deficit in Borough's Transfers Out - Self Insurance Fund 101-38-000-6622 1,113,575$ Self Insurance Fund

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Ordinance No. 1967 Page 3

New wording is underlined—Deleted wording is [CAPITALIZED AND BRACKETED]

_______________________________________________Glenn Brown, Borough Attorney

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Management is recommending an immediate infusion of additional funds, and recommends the following actions in the future: If there is a deficit in the Self Insurance Fund when the audit is completed at the end of December each year, staff will bring forward a budget amendment for Assembly consideration to eliminate the deficit. 

Along with the budget amendment for the deficit, Management will make a recommendation as the required allocation (premium) deposits, which may include the necessity for a second budget amendment.

This process would allow prompt and routine action to manage the Self Insurance Fund. 

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   Assembly - Regular 7. c.        Meeting Date: 03/21/2022  Submitted For: Richard Harney Submitted By: Richard

HarneyDepartment: Planning and Community DevelopmentApproved for Submittal: Charlanne Thomas, Acting Finance Director

Cynna Gubatayao, Assistant ManagerRuben Duran, ManagerRichard Harney, Planning Director

Approved as to form: GlennBrown,BoroughAttorney

InformationTITLEResolution 2922 Authorizing the Disposal of Interest of Real Property Located on Lot 3D2, U.S. Survey3275, 5500 BLK S. Tongass Highway, for an Access and Utility Easement and Associated TemporaryConstruction Easement to Metlakatla Power and Light for a Submarine Fiber Optic and Electrical Cable 

RECOMMENDED ACTIONI move to adopt Resolution 2922 authorizing the disposal of interest of real property located on Lot 3D2,US Survey 3275, 5500 Block South Tongass Highway for an access and utility easement to MetlakatlaPower and Light for a submarine fiber optic and electrical cable in consideration of $0.75 per square foot

SUMMARY OF ISSUEOn February 1, 2022, Staff received a request from Mayor Albert Smith on behalf of the Metlakatla IndianCommunity and Metlakatla Power and Light for an easement across Borough land, on Borough ownedLot 3D2, near Mountain Point to facilitate a submarine fiber optic and electrical cable. 

The Borough received title to Lot 3D2 on April 17, 2019, from the Alaska Mental Health Trust Authority, The property contains the Borough's wastewater outfall and a revocable access and utility easement forKetchikan Public Utilities Telecommunications Division. 

The proposed easement location is on Lot 3D2, ASLA 89-102, Plat No. 92-24 and approximately 15 feetwide.  Given the proximity to the highway and utilities, it is a popular area for utilities to access theocean.  The Borough's real estate broker provided an opinion that the land is valued at $1.50 a squarefoot.  Since the easement is not fee simple title to the land, but rather a non-exclusive interest in the land,Staff is recommending the price for the easement be $0.75 per square foot or 50% of the value of theland.  The approximate square footage of the easement, based on preliminary drawings, is 1,200 squarefeet.  The final price for the easement is expected to be approximately $900, based on that approximatesquare footage; however, Metlakatla's engineering and design team will determine the exact location ofthe landing, vault, and necessary easement if approved.

Fiscal Impact

AttachmentsResolution 2922

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Metlakatla Request Letter Map

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KETCHIKAN GATEWAY BOROUGH

RESOLUTION NO. 2922

A Resolution of the Assembly of the Ketchikan Gateway Borough, Authorizing the Disposal of Interest of Real Property Located on Lot 3D2, U.S. Survey 3275, 5500 BLK S. Tongass Highway, for an Access and Utility Easement and Associated Temporary Construction Easement for Metlakatla Indian Community’s Subsea Fiber Optic and Electrical Cable Project

R E C I T A L S

A. WHEREAS, on April 17, 2019, the Borough received the deed for Lot 3D2, U.S. Survey 3275 containing approximately 3.39 acres from the Alaska Mental Health Trust Authority; and

B. WHEREAS, KGBC 11.45.020 authorizes the disposal of Borough property or interest in the property upon such terms as the Assembly, by resolution, determines to be in the best interest of the Borough; and

C. WHEREAS, the Metlakatla Indian Community and Metlakatla Power and Light has requested an approximately 15-foot-wide access and utility easement across a portion of Lot 3D2, U.S. Survey 3275, for a subsea fiber optic cable landing site; and

D. WHEREAS, Metlakatla Indian Community is also requesting an associated temporary construction easement for the project; and

E. WHEREAS, due to growing demands of the internet by customers in Metlakatla and lack of a fiber optic connection, Metlakatla Power and Light is seeking to connect to GCI’s existing fiber-optic broadband connection to the Lower 48; and

F. WHEREAS, the proposed route of the subsea fiber optic cable would have the cable extending from the landing at Lot 3D2, to Race Point, across Annette Bay to a point near the Metlakatla ferry terminal and transitioning to existing terrestrial connections; and

G. WHEREAS, the granting of this easement is consistent with the Borough’s Comprehensive Plan 2020 Goal 1108, supporting regional economic development projects in other communities; and

H. WHEREAS, the value of the land in a broker’s opinion, is $1.50 per square foot for fee simple title; however, since the easement is a non-exclusive easement, the value for the said easement is approximately 50% of the land value; $0.75 per square foot; and

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Resolution No. 2922 Page 2

I. WHEREAS, the Assembly finds it is in the Borough’s best interest under KGBC 11.45.020(a) to require Metlakatla Indian Community to pay a fee of $0.75 per square foot for the requested perpetual easement in addition to the surveying of the easement.

NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE FACTS, IT IS RESOLVED BY THE ASSEMBLY OF THE KETCHIKAN GATEWAY BOROUGH as follows:

Section 1. Best Interest Determination. The Assembly hereby determines that it is in the Borough’s best interest to dispose of a non-exclusive, revocable easement interest in a portion of U.S. Survey 3275, Lot 3D2, 5500 BLK S. Tongass Highway, for the purpose of a subsea fiber optic and electrical cable landing site access and utility easement.

Section 2. Easement. The easement is approximately 15 feet wide and illustrated in Exhibit A and incorporated herein by reference.

Section 3. Authorization. The Borough Manager is hereby authorized to sign and execute a non-exclusive, revocable access and utility easement interest across a portion of Lot 3D2, U.S. Survey 3275, after a survey of the easement is completed and a licensed surveyor has established the metes and bounds of the approximately 15-foot-wide easement at Metlakatla Indian Community’s expense, and a fee of $0.75 per square foot is received.

Section 4. Effective Date. This resolution shall be effective upon adoption.

ADOPTED this _____ day of ____________, 2022.

_____________________________________________David Landis, Borough Mayor

ATTEST:

_____________________________________________Kacie Paxton, Borough Clerk

APPROVED AS TO FORM:

______________________________________________Glenn A. Brown, Borough Attorney

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Resolution No. 2922 Page 3

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South Tongass Highway

LegendKPU EasementProposed Metlakatla Fiber Easement

TITLE25 0 2512.5Feet·1900 First Avenue, Suite 126, Ketchikan, AK 99901

907-228-6610 - [email protected]

KPU Telecommunications Fiber Optic Easement

KGB Deep WaterSewer Outfall

Mountain PointBoat Launch

Locations are approximate toaerial photo.

Metlakatla ProposedFiber Optic Easement

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   Assembly - Regular 7. d.        Meeting Date: 03/21/2022  Submitted For: Amy Briggs Submitted By: Amy

BriggsDepartment: FinanceApproved for Submittal: Charlanne Thomas, Acting Finance Director

Cynna Gubatayao, Assistant ManagerRuben Duran, Manager

Approved as to form: GlennBrown,BoroughAttorney

InformationTITLEResolution 2930, Authorizing the Application for an Airport Terminal Program Grant

RECOMMENDED ACTION"I move to adopt Resolution 2930, authorizing the application for an Airport Terminal Program Grant."

SUMMARY OF ISSUEOn February 22, 2022, the Federal Aviation Administration (FAA) issued a Notice of Funding Opportunityfor the Bipartisan Infrastructure Law (BIL) Airport Terminal Program (ATP) grant opportunity. Theprogram offers a $5 billion dollar funding opportunity spread over five years, which allows airports tobuild, modernize and upgrade airport facilities to meet current standards, address current or futureaeronautical demand, enhance environmental sustainability and improve access for passengers withdisabilities. The program includes multimodal terminal development and on-airport rail access projects. In addition, projects that relocate, reconstruct, repair or improve airport-owned airport traffic controltowers are also eligible under the program. Of the first year's $1 billion in funding, at least 10 percent ofthe total funding will go to non-hub and non-primary airports. Ketchikan International Airport is classifiedas a non-hub airport.

Mead & Hunt, LLC., the Terminal Area Plan consultants, are writing the grant application for the Borough,as it is beyond the capabilities of staff to accomplish by the March 28 deadline. The application will seekfull funding for Phase A of the Terminal Area Plan and may include items in Phase B, such as thepassenger and baggage screening and security relocation. As of the deadline for this Assembly agenda,staff is still working with the consultants to determine the exact application amount, but as of thedeadline for this agenda, staff expected the requested amount to be approximately $35 million.  Anupdate will be provided at the meeting.

Because the State of Alaska is the Sponsor of the Ketchikan International Airport, the FAA requires thatthe State (DOT) submit the grant on behalf of the Borough. Staff is working closely with Mead and Huntand DOT to ensure the application is submitted timely. Staff will inform the Assembly once the grant hasbeen submitted.

The Secretary of Transportation will announce a Notice of Intent to fund selected projects for Fiscal Year2022 by July 2022.

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For additional information on the Bipartisan Infrastructure Law - Airport Terminal Program, the fundingFAQ is attached.

Fiscal Impact

AttachmentsResolution 2930 BIL Airport Terminal Program Funding FAQs

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KETCHIKAN GATEWAY BOROUGH

RESOLUTION NO. 2930

A Resolution of the Assembly of the Ketchikan Gateway Borough, Authorizing Application for Airport Terminal Program Grant Funds from the Federal Aviation Administration, for Phase A and a portion of Phase B of the Airport Terminal Area Expansion Project

R E C I T A L S

A. WHEREAS, on February 22, 2022, the Federal Aviation Administration (FAA)issued the Notice of Funding Opportunity for the Bipartisan Infrastructure Law (BIL) Airport Terminal Program (ATP); and

B. WHEREAS, the ATP provides $5 billion dollars over a five-year period to fund projects that allows airports to build, modernize and upgrade airport facilities to meet current standards, address current or future aeronautical demand, enhance environmental sustainability, and improve access for passengers with disabilities; and

C. WHEREAS, this funding allows no less than 10% total funding will go to non-hub and non-primary airports, which is the Ketchikan International Airport designation; and

D. WHEREAS, the State of Alaska, as the Sponsor of the Ketchikan International Airport must submit the grant application on behalf of the Borough, as required by the Federal Aviation Administration; and

E. WHEREAS, staff is currently working the Mead & Hunt, airport consultants for the Terminal Area Plan adopted by the Assembly at its March 7, 2022 meeting, to determine the funding level required for Phase A of the Terminal Area Expansion project and a portion of Phase B; and

F. WHEREAS, the receipt of funding from the ATP grant would represent a substantial subsidy for the Terminal Area Expansion project.

NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE FACTS, IT IS RESOLVED BY THE ASSEMBLY OF THE KETCHIKAN GATEWAY BOROUGH as follows:

Section 1. The Ketchikan Gateway Borough Assembly hereby authorizes the Borough Manager to apply for Bipartisan Infrastructure Law Airport Terminal Program Funding in an amount sufficient to fund Phase A and portions of Phase B of the Terminal Area Expansion Plan.

Section 2. This resolution shall be effective immediately upon adoption.March 21, 2022

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Resolution No. 2930 Page 2

ADOPTED this _____ day of ____________, 2022.

_____________________________________________Rodney Dial, Borough Mayor

ATTEST:

_____________________________________________Kacie Paxton, Borough Clerk

APPROVED AS TO FORM:

______________________________________________Glenn Brown, Borough Attorney

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Federal Aviation

Administration

Bipartisan Infrastructure Law

Frequently Asked Questions

This document answers frequently asked questions (FAQs) stakeholders may have related to the

grant funds available for airports under the Public Law 117-58-Infrastructure Investment and

Jobs Act referred to as the Bipartisan Infrastructure Law (BIL).

The BIL includes approximately $25 billion for the National Airspace System.

Approximately $5 billion is for improvements to FAA owned facilities and equipment. FAA’s

Air Traffic Organization (ATO) will administer these funds.

These FAQs pertain to the approximately $20 billion for airport infrastructure improvements

that will be administered by FAA’s Office of Airports. The Federal Aviation Administration

(FAA) has additional information for airport sponsors at www.faa.gov/bil.

The guidance here is not legally binding in its own right and FAA will not rely on it as a

separate basis for affirmative enforcement action or other administrative penalty. Conformity

with this guidance, as distinct from existing statutes, regulations, and grant assurances, is

voluntary only, and nonconformity will not affect existing rights and obligations.

For questions related to BIL, please email: [email protected].

These FAQs will be updated periodically.

Subjects Addressed Below

General Questions ........................................................................................................................... 2

Questions on Allocation of Funds................................................................................................... 5

Questions on Use of Grant Funding................................................................................................ 9

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General Questions

Q-1: How does the Bipartisan Infrastructure Law (BIL) benefit airports?

A: Title VIII of Division J of the Infrastructure Investment and Jobs Act (Public Law

117-58) of 2021 (BIL) provides $25 Billion for the National Aerospace System

(NAS). Five billion dollars of the BIL funds will be administered by FAA’s Air

Traffic Organization (ATO) will fund much needed FAA facilities upgrades. FAA’s

Office of Airports (ARP) will administer the remaining approximately $20 billion in

grant funds for airport infrastructure, terminal development, including multimodal

terminal development and on-airport rail access projects, and airport owned towers.

Q-2: Where is this funding coming from?

A: The $25 billion comes directly from the U.S. Treasury’s General Fund.

Q-3: Are the BIL funds split into different funding buckets?

A: Yes. Five billion dollars is being administered by ATO for improvements to FAA-

owned facilities. ARP will administer approximately $20 billion of BIL funds to

airport sponsors. The $20 billion is allocated over 5 years ($4 billion annually). Of

the $20 billion, FAA will receive up to $118 million annually for administration of

BIL funds and the Office of Inspector General (OIG) receives $2 million annually to

audit the program.

(1) Airport Infrastructure Grants (AIG) include formula allocations (AIG

Allocated) and competitive (AIG Competitive) funds of up to $14.55 billion.

a) Primary Airports share not more than $2.39 billion annually based

enplanement and cargo volume.

b) Non-Primary Airports share not more than $500 million annually,

based on airport classification in the National Plan of Integrated

Airport System (NPIAS) and the aggregated NPIAS eligible

development cost for each classification.

c) AIG provides $20 million annually in competitive grants (AIG

Competitive) for sponsor owned contract towers participating in the

Federal contract tower program and the contract tower cost share

program (FCT). These funds are available to: construct, repair,

improve, rehabilitate, modernize, replace, or relocate an airport

control tower; acquire and install air traffic control,

communications, and related equipment in an airport control tower;

and construct a remote tower certified by the FAA including

acquisition and installation of air traffic control, communications, or

related equipment. (To date there is no FAA-certified remote

tower technology.)

(2) Approximately $4.85 billion ($970 million annually) for competitive Airport

Terminal Program (ATP) grants including multi-modal terminal

development and on-airport rail access projects. These funds can also be

used for projects for relocating, reconstructing, repairing, or improving an

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airport-owned air traffic control tower (ATCT), whether staffed by FAA or

in the FCT program.

Q-4: Who is eligible to receive AIG and ATP funding under BIL?

A: AIG Formula Infrastructure Allocations (AIG Allocated): Funds are available to

sponsors of airports as defined in 47102 of title 49, United States Code (U.S.C.); that

is, airport sponsors meeting statutory and policy requirements under this section and

identified in the FAA’s published National Plan of Integrated Airport Systems

(NPIAS), updated with current year data, and are eligible to receive discretionary

funds per 49 U.S.C. 47115.

AIG Competitive Infrastructure Funds (AIG Competitive): Funds are available to

sponsors of airports eligible to receive discretionary funds per 49 U.S.C. 47115 and

participating in the FCT program under 49 U.S.C. 47124.

ATP: Funds are available to sponsors of airports eligible to receive discretionary

funds per 49 U.S.C. 47115.

Q-5: Are any airports not eligible to receive funding under BIL?

A: All airports in the NPIAS, except unclassified airports, are eligible. Unclassified

airports are not eligible for discretionary funding under BIL.

Q-6: Are airport sponsors in the Republic of the Marshall Islands, Federated States of

Micronesia, Republic of Palau, and Wake Island eligible for BIL Grants?

A: AIG Allocated: Yes, but they do not receive an allocation. Only sponsors of airports

in categories defined in 49 U.S.C. 47102 receive allocations. Airports must be

included in the NPIAS to receive an allocation of AIG funds. Airports in the

Republic of the Marshall Islands, Federated States of Micronesia, Republic of Palau,

and Wake Island are not included in the NPIAS. While these airport sponsors may be

eligible for some AIP discretionary funding under 49 U.S.C. 47115, they are not

eligible for AIG Allocated funds under BIL.

AIG Competitive: Yes. Funds are available to sponsors of airports eligible to

receive discretionary funds per 49 U.S.C. 47115 and participating in the FCT

program under 49 U.S.C. 47124. Airports in the Republic of the Marshall Islands,

Federated States of Micronesia, Republic of Palau, and Wake Island are eligible for

discretionary funds. These sponsors could compete for AIG Competitive funding if

they are accepted into the FCT program.

ATP: Yes. Funds are available to sponsors of airports eligible to receive

discretionary funds per 49 U.S.C. 47115. Airports in the Republic of the Marshall

Islands, Federated States of Micronesia, Republic of Palau, and Wake Island are

eligible for discretionary funds.

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Q-7: Are airports in U.S. territories eligible for BIL Grants?

A: Yes. Funds are available to sponsors of airports in categories defined in 49 U.S.C.

47102 and identified in the FAA’s published NPIAS, updated with current year data,

and are eligible to receive discretionary funds per 49 U.S.C. 47115. Airports in U.S.

territories (American Samoa, Northern Mariana Islands, Puerto Rico, the U.S. Virgin

Islands, and Guam) meet these requirements. They receive AIG Allocation funds

based on their information in the NPIAS, can compete for AIG Competitive funds if

in the FTC program, and can compete for ATP funds.

Q-8: Why do airports with a NPIAS category of Unclassified not receive AIG

Allocated funds under BIL?

A: Unclassified airports are not eligible for discretionary funds under BIL (see Q-5).

Also, consistent with their role in the national airport system, unclassified airports

have no development needs identified in the published NPIAS, updated with current

year data.

Q-9: What is the period of availability for FAA to obligate AIG funds?

A: Approximately $2.91 billion (approximately $2.89 billion of AIG Allocated funds

and $20 million AIG Competitive funds) is available annually starting fiscal year

(FY) 2022 through FY 2026. Funds not obligated at the end of the fourth FY will be

recovered and made available for competitive grants in the fifth year. See Q-F3.

FY funds are first made

available:

Funds must be obligated

(under grant) by:

Any unobligated funds must

be obligated (under grant) as

competitive grants in:

2022 September 30, 2025 FY 2026

2023 September 30, 2026 FY 2027

2024 September 30, 2027 FY 2028

2025 September 30, 2028 FY 2029

2026 September 30, 2029 FY 2030

Q-10: What is the period of availability for FAA to obligate ATP funds?

A: Approximately $970 million of ATP funds are available annually starting FY 2022

through FY 2026. Funds not obligated at the end of the fifth FY will expire.

See Q-F4.

FY funds are first made

available:

Funds must be obligated

(under grant) by:

Funds recovered after the

following FYs expire:

2022 September 30, 2026 FY 2026

2023 September 30, 2027 FY 2027

2024 September 30, 2028 FY 2028

2025 September 30, 2029 FY 2029

2026 September 30, 2030 FY 2030

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Questions on Allocation of Funds

Q-F1: How will BIL AIG funds be allocated/awarded to airport sponsors?

A: BIL allocates the $14.55 billion into two programs over 5 years; AIG Allocated and

AIG Competitive. AIG Allocated funds are specific, annual allocations to each

eligible airport. These amounts are allocated separately for primary and non-primary

airports. AIG Competitive funds are awarded annually through a competitive Notice

of Funding Opportunity (NOFO) process specifically for FCT improvements.

(1) AIG Allocated.

a) Primary Commercial Service Airports and eligible Cargo Airports

share not more than $2.39 billion annually based first on the

statutory Airport Improvement Program (AIP) primary and cargo

entitlement formulas. The FY 2022 allocation for primary airports

is based on best of calendar year (CY) 2018, CY 2019, or CY 2020

enplanements. The FY 2023 allocation for primary airports will be

based on best of CY 2018, CY 2019, or CY 2021 enplanements.

Starting in FY 2024, the amount formulated for each airport is based

upon the most recent CY enplanements. Cargo allocations are

required by the legislation to be based on the most recent CY per 49

U.S.C. 47114(c)(2). FY 2022 cargo allocations were based on CY

2020.

After allocating based on the statutory AIP entitlement formulas, the

remainder is then allocated based on the number of enplanements

the airport had in CY 2019 as a percentage of total 2019

enplanements for all primary airports for FY 2022 and FY 2023.

Starting FY 2024, the amount formulated for each airport is based

upon the most recent CY enplanements.

b) Non-Primary Airports share not more than $500 million annually.

The apportioned funds for each non-primary airport are based on the

categories published in the NPIAS, updated with current year data,

reflecting the percentage of the aggregate published eligible

development costs for each such category, and then dividing the

allocated funds evenly among the eligible airports in each category,

rounding up to the nearest thousand dollars. For example, all

airports classified as Local receive the same allocation.

(2) AIG Competitive.

a) Sponsors of airports participating in the FCT program under 49

U.S.C. 47124, are eligible to share not more than $20 million

annually. Instructions for applying for these funds will be outlined

in a NOFO, which will be issued annually until the program expires.

Projects will be selected by FAA based on sponsor’s information

submitted in response to the criteria as outlined in the NOFO.

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Q-F2: How will BIL ATP funds be awarded to airport sponsors?

A: Sponsors of primary and non-primary airports eligible for discretionary funding

under 49 U.S.C. 47115(a) are eligible to share approximately $970 million annually.

Not more than 55% of these funds go to large hub airports, not more than 15% go to

medium hub airports, not more than 20% go to small hub airports, and not less than

10% go to non-hub and non-primary airports. Instructions for applying for these

funds will be outlined in a NOFO, which will be issued annually until the program

expires. Projects will be selected by FAA based on sponsor’s information submitted

in response to the criteria as outlined in the NOFO.

Q-F3: What happens to unobligated BIL AIG funds?

A: Funds not obligated at the end of the fourth fiscal year will be recovered and made

available for competitive grants in the fifth year. Up to $100 million of these

recovered funds will first be provided for competitive grants for FCTs. Any

remaining funds will be available for competitive grants for eligible work that

reduces airport emissions, reduces noise impact to the surrounding community,

reduces dependence on the electrical grid, or provides general benefits to the

surrounding community. Instructions for applying for these recovered funds will be

outlined in a NOFO, which will be issued annually so the recovered funds are

assigned to the competitive projects beginning in FY 2027 (October 1, 2026) through

FY 2031 (September 30, 2031). Projects will be selected by FAA, based on

sponsor’s information submitted as outlined in the NOFO. Funds recovered after the

fifth year will return to the General Fund.

Q-F4: What happens to unobligated BIL ATP funds?

A: Funds not obligated at the end of the fifth fiscal year will expire. ATP funds

recovered prior to the end of the fifth fiscal year can be used to amend open ATP

grants or made available for new ATP grants based on a competitive process. At the

end of the fifth fiscal year, any unobligated or recovered funds will return to the

General Fund.

Q-F5: What is the Federal share under BIL?

A: AIG Allocated: The Federal share is the same as for AIP grants, ranging from 50%

to 95%, as outlined in 49 U.S.C. 47109. (For further explanation of the statutory

provision see Section 4-9 of FAA Order 5100.38D, Change 1 (AIP Handbook)). This

includes grants made using unobligated AIG funds for projects not related to FCTs.

See Q-F3.

AIG Competitive: The Federal share for FCT improvements is 100%. This includes

grants made using unobligated AIG funds for FCT projects. See Q-F3.

ATP: The Federal share for terminal and sponsor owned ATCT improvements is

80% for large and medium hub airports and 95% for small hub, non-hub, and non-

primary airports.

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Q-F6: Do airport sponsors have to contribute a local match for AIG and ATP grants

under the BIL?

A: AIG Allocated: Yes. The sponsor’s match is the same as for sponsor’s AIP grants,

ranging from 5% to 50%. This includes grants made using unobligated AIG funds

for projects not related to FCT. See Q-F3.

AIG Competitive: No. The Federal share for FCT improvements is 100%. This

includes grants made using unobligated AIG funds for FCT projects. See Q-F3.

ATP: Yes. The sponsor’s match is 20% for large and medium hub airports and 5%

for small hub, non-hub, and non-primary airports.

Q-F7: Is the BIL funding tied to the annual appropriation process?

A: No. BIL does not require an annual appropriation. The funding is appropriated and

will be available at the beginning of each FY.

Q-F8: How is the NPIAS airport categorization used to determine BIL AIG

Allocated funds for non-primary airport sponsors?

A: Under BIL, not more than $500 million is allocated annually to non-primary airports

based on the categories published in the NPIAS, updated with current year data.

FAA Order 5090.5, Formulation of the NPIAS and ACIP, defines the criteria for

each category or role.

Q-F9: Will FY 2023-FY 2026 AIG Allocated funds for primary and cargo eligible

airports vary from FY 2022 allocations?

A: Yes. The AIG allocations will be determined each year based on the enplanement

and cargo landed weight. The FY 2023 allocation for primary airports will be based

on best of CY 2018, CY 2019, or CY 2021 enplanements, and CY 2021 cargo landed

weight. After FY 2023, enplanement and cargo allocations will be based on the most

recent CY data. We expect there will be changes each year in the allocation. The

extent of the changes will be impacted on changes in enplanements, cargo data, or if

the airport changes between the primary and non-primary categories after FY 2023.

Q-F10: How are airports that change from primary to non-primary status handled in

AIG allocation formulas?

A: FY 2022 and FY 2023 primary airport allocations are based on highest enplanements

for CY 2018, CY 2019 and next full CY (CY 2020 or CY 2021 respectively). An

airport that was classified as a primary airport in any of those years is considered a

primary airport for FY 2022 and FY 2023. The most recent CY enplanements are

used to determine an airport’s classification for FY 2024-FY 2026 allocations. An

airport classified as non-primary after FY 2023 will receive a non-primary allocation.

Q-F11: Will FY 2023-FY 2026 AIG Allocated funds for non-primary airports vary from

FY 2022 allocations?

A: Airports changing from primary to non-primary, or visa-versa, or changes to the

number of unclassified airports could impact the overall non-primary allocations.

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Airports changing classification (National, Regional, Local, Basic) in updated

versions of the NPIAS could also impact the overall non-primary allocations.

Allocations for non-primary airports that do not change NPIAS classification should

not vary significantly from year to year.

Q-F12: Will non-primary airports that change from unclassified to classified as the

NPIAS is updated with current year data qualify for AIG Allocated funds?

A: Yes. If the airport’s classification changes from unclassified to classified, that

airport would be eligible for an allocation the following FY based on the airport’s

new classification. Similarly, if an airport drops to unclassified it would lose

allocations the following FY.

Q-F13: Does a non-primary airport that has unobligated AIG allocations and changes

from classified to unclassified lose those funds?

A: No. Unobligated AIG allocations are available until they expire (see Q-9).

Q-F14: Will unobligated AIG Allocated funds be converted to discretionary funding

annually?

A: No. The funds are available for obligation until the end of the fourth FY. In the fifth

FY, unobligated funds are recovered and used for competitive grants. See Q-9 and

Q-F3.

Q-F15: Is there a cap limiting the maximum amount of AIG Allocated funds?

A: No. The legislation specifically states that there shall be no maximum apportionment

limit under 49 U.S.C. 47114(c)(1)(C)(iii).

Q-F16: Is there a reduction in AIG Allocated funds for medium and large hub airports

collecting a Passenger Facility Charge (PFC)?

A: No. The legislation specifically states that these funds are not subject to the reduced

apportionments of 49 U.S.C. 47114(f).

Q-F17: Does the “best of” calculation apply to cargo?

A: No. The legislation references section 49 U.S.C. 47114(2), requiring cargo

apportionments to be based on prior CY landed weight. There was no “best of”

provision for cargo.

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Questions on Use of Grant Funding

Q-U1: How can an airport sponsor use BIL AIG funds?

A: AIG funds under BIL include AIG Allocated and AIG Competitive funds.

Allowable use of AIG funds are as follows:

(1) AIG Allocated. An airport sponsor may use these funds for airport-related

projects defined under 49 U.S.C. 40117(a)(3). AIG Allocated funds cannot

be used to pay for debt service. The FAA has used the guidance in the AIP

Handbook as a component of PFC eligibility determination under section

40117.

(2) AIG Competitive. An airport sponsor may use these funds to sustain, construct,

repair, improve, rehabilitate, modernize, replace, or relocate a non-approach

FCT ATCT, and to acquire and install air traffic control, communications, and

related equipment to be used in those ATCT. (For further information on

ATCT construction see Table O-3 Other Building Project Requirement (Other

than Terminal), Item h, in the AIP Handbook. For further information on FCT

minimum equipment and facilities list and FAA FCT new start and replacement

tower process, see FAA Order JO 7210.78 FAA Contract Tower (FCT) New

Start and Replacement Tower Process). AIG Competitive funds can also be

used to construct a remote tower certified by the FAA including acquisition and

installation of air traffic control, communications, or related equipment. To

date there is no FAA certified remote tower technology. AIG Competitive

funds cannot be used to pay for debt service.

Q-U2: What are the eligible uses of ATP funds? A: ATP grants under BIL are awarded competitively and can be used for justified

terminal development projects as defined under 49 U.S.C. 47102(28), including

multi-modal projects. On-airport rail access projects, as outlined in 86 FR 48793

(PFC Update 75-21), are also eligible. Finally, projects for relocating,

reconstructing, repairing, or improving an airport-owned ATCT, either staffed by

FAA or in the FCT program, are also eligible.

Q-U3: Can BIL funds be used at an airport that cannot meet FAA design standards?

A: Standard Airport Sponsor Assurances, which require airports to meet standards and

specifications approved by the FAA, will apply to BIL grants, unless a

Modification to Standards has been approved by FAA.

Q-U4: What grant obligations will an airport be required to meet by accepting a BIL

grant?

A: Standard Airport Sponsor Assurances, will apply to BIL grants. The grant

assurances apply for the useful life of the facilities developed or equipment acquired

under the grant, except for exclusive rights, airport revenue, and civil rights, which

are perpetual. There is no limit on the duration of the terms, conditions, and

assurances with respect to real property acquired with BIL funds

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Q-U5: Are projects constructed with BIL funds expected to meet a minimum useful

life?

A: Yes. See section 3-12 of the AIP Handbook on minimum useful life.

Q-U6: Can BIL funds be used to pay the matching share for AIP grants?

A: No. 49 U.S.C. 40117(a)(3) is referenced in the legislation with respect to project

eligibility. BIL funds are Federal funds from the General Treasury, which require a

sponsor match. They are not PFC funds, which are considered local funds.

Q-U7: Can BIL matching share be paid using pay as you go PFC funds?

A: Yes. Projects must be included in an approved PFC application. The review and

approval of a new application, if one is needed due to an amendment of an

approved application, takes a significant amount of time from notification to

carriers/public to start of PFC collection.

Q-U8: Will requests to use BIL funds for projects included in an approved PFC

application be considered?

A: Yes. Sponsors must submit an amendment to an approved PFC, which decreases the

total collection authority or deletes an approved project, before submitting for

payment under a BIL grant. Sponsors should consult with their local ADO/RO if

considering changes to an approved PFC application.

Q-U9: Can BIL funds be used to pay debt service?

A: No. The legislation does not allow funds to be used for debt service, including the

financing cost of bonding.

Q-U10: Do any BIL funded projects require a Benefit-Cost Analysis (BCA)?

A: No. Title 49 U.S.C. 47115(d) identifies the requirements for a BCA for certain

AIP discretionary projects. Section 47115(d) is not referenced in the BIL,

therefore BCAs are not required. Other controls are in place to ensure projects are

justified and reasonable.

Q-U11: Can multi-year (MY) grants be issued using BIL funds?

A: No. BIL grants cannot include future year allocations. Allocations may change

annually. See U-32 and U-33.

Q-U12: Can AIP/BIL funds be included in a single grant?

A: No. AIP and BIL funds come from different sources and cannot be mingled into a

single grant.

Q-U13: Will AIG and ATP grants include a period of performance (POP)?

A: Yes, they will include the standard four (4) years POP.

Q-U14: Are BIL funds tied to the AIP funding schedule?

A: No. BIL funds are administered separately throughout the FY.

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Q-U15: Can AIG Allocated funds be transferred between airport sponsors?

A: No. AIG Allocated funds are airport sponsor specific funds.

Q-U16: Can an airport sponsor with multiple airports receiving AIG Allocated funds

transfer funds between its airports?

A: Yes. BIL formula allocation funds are airport sponsor specific funds, which can be

moved between airports within their system.

Q-U17: The BIL indicates that AIG funds are available for four years and ATP funds

are available for five years. How far along must a project be at the end of these

obligation periods to not lose BIL funds?

A: Funds need to be obligated as outlined under Q-F3 and Q-F4. Funds not obligated as

outlined will expire and return to the General Fund.

Q-U18: Will design only grants be allowed using AIG Allocated funds?

A: Yes. AIG Allocated funds can be used to fund a design only grant. A design only

grant will include a grant condition that the associated development will begin

within two years after the design is completed.

Q-U19: Will design only grants be eligible using AIG Competitive or ATP funds?

A: Yes. Design only grants may not compete as well as those projects that are already

designed or part of an alternative delivery method. Any design only grant will

require a realistic funding plan to ensure completion of the project. A design only

grant will include a grant condition that the associated development will begin

within two years after the design is completed.

Q-U20: In order to qualify for a grant under the BIL, must projects be "shovel ready"

or is a project still under design eligible?

A: No. As with PFC eligibility, a grant can be for design or environmental review,

taking into consideration the normal AIP requirement. Construction grants will be

issued based on bids. The annual NOFO for AIG Competitive and ATP funds will

outline the application and screening process for these funds.

Q-U21: What happens to unused BIL funds if grants are closed with a recovery?

A: AIG Allocated funds recovered before the end of the fourth year remain available for

the airport’s use. AIG Competitive and ATP funds recovered before they expire will

be returned to a competitive process. See Q-F3 and Q-F4.

Q-U22: How can an airport sponsor use BIL recovered funds?

A: AIG Allocated funds that have not expired can be either used in a new, AIG-allocated

grant or amended into an existing AIG-allocated grant for eligible projects as outlined

in Q-U23. Recovered AIG Competitive and ATP funds that have not expired can be

either used in a new competitive grant or amended into an existing grant as outlined in

Q-U23.

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Q-U23: Can BIL grants be amended to cover cost overruns?

A: Yes. BIL grants using AIG Allocated funds can be amended within their four-year

period of availability, but only with sponsor’s available AIG Allocated funds.

Grants funded with AIG Competitive or ATP funds will be considered by FAA

competitively at a national level.

Q-U24: Can BIL funds be used to reimburse costs previously incurred?

A: Yes. FAA will reimburse sponsors for eligible project related costs incurred on or

after November 15, 2021, which is the date of enactment of BIL, as long as all

Federal funding procurement requirements and FAA design and construction

standards, are met (see the AIP Handbook). This applies to all BIL funds (AIG

and ATP).

Q-U25: Can BIL funds be used to fund future phases of a project that is already under

construction?

A: Yes. BIL funds can be used for eligible costs of future phases of projects incurred

on or after November 15, 2021, as long Federal procurement requirements per

2 CFR 200 and FAA design and construction standards are met (see AIP

Handbook).

Q-U26: Will requests to use competitive BIL funds for projects with planned AIP

discretionary [on FAA’s Airports Capital Improvement Plan (ACIP)] be

considered?

A: Yes. Priority will not be given to such projects and selection for competitive BIL

funds is not guaranteed. AIP discretionary funded projects that are removed from

the FAA’s ACIP and not selected for BIL funding will likely be delayed until

funding (AIP, BIL, PFC, etc.) is available. Replacement AIP discretionary projects

will not be considered.

Q-U27: Are AIG Allocated funds required to be used for higher priority projects if the

airport is receiving AIP discretionary funds in the same FY?

A: No. AIG Allocated funds have expanded availability for projects considered lower

priority under AIP. Airports are still required to meet basic planning guidelines for

AIG funds such as project justification, project consistency with the master plans,

appropriate project scope, and project documentation on an approved Airport Layout

Plan (ALP). Additional guidelines with specific examples will be developed and

included in future BIL guidance and AIP guidance. If an ADO has concerns about

the types of projects being funded with AIG and an airport’s requested discretionary

project, then it should reach out to the BIL Team and APP for further discussions.

Q-U28: Can a Sponsor still request AIP discretionary funds while saving AIG Allocated

funds?

A: Yes. AIG Allocated funds have expanded availability for projects considered lower

priority under AIP. Airports are still required to meet basic planning guidelines for

AIG funds such as project justification, project consistency with the master plans,

appropriate project scope, and project documentation on an approved ALP.

Additional guidelines with specific examples will be developed and included in

future BIL guidance and AIP guidance. If an ADO has concerns about the types of

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projects being funded with AIG and an airport’s requested discretionary project, then

it should reach out to the BIL Team and APP for further discussions.

Q-U29: Will airports be expected to use AIG Allocated funds before receiving AIG

Competitive or ATP funds?

A: No, sponsors can receive an AIG Competitive or ATP grant while saving AIG

Allocated funds for a larger project. The use of AIG Allocated funding will be

taken into consideration when making AIG Competitive and ATP funding

decisions.

Q-U30: Can alternative delivery methods be used for projects funded under BIL?

A: Yes. Use of Design-Build, and Construction Manager at Risk (CMAR), in

addition to the traditional design, bid, build delivery are allowable. Please refer to

Section 3-43 and Table U-9 of the AIP Handbook.

Q-U31: If using alternative delivery methods, does the sponsor need to have a maximum

guaranteed price to be to be considered for an AIG Competitive or ATP grant?

A: No. Sponsors must provide the information outlined in the annual NOFO.

Projects will be selected by FAA based on sponsor’s information submitted in

response to the criteria as outlined in the NOFO.

Q-U32: If a project costs more than an airport’s annual AIG Allocated funds, can the

airport proceed with the project in year one, or will it have to wait until enough

funds have accumulated?

A: An airport has options in this scenario. In addition to waiting to accumulate AIG

allocations; a sponsor can phase the project so that annual grants can be issued

using available BIL funds; use AIP funds for a defined project phase; or construct

the project and request reimbursement with future allocations, at the sponsor’s risk.

Q-U33: Can an Airport borrow AIG Allocated funds from a future year?

A: No, funding will not be available ahead of the FY in which it is allocated. AIG

allocations can be used for phased projects, saved for up to four years to use on a

larger project, or construct a project and request reimbursement with future

allocations, at the sponsor’s risk.

Q-U34: Can AIG Allocated funds be transferred from an airport being replaced to its

replacement airport?

A: Yes, provided the replacement airport has been approved by FAA and has an airport

identification code assigned.

Q-U35: Can AIG Allocated funds be used to acquire vehicles or ground support

equipment equipped with low-emission technology if the airport is located

outside of an air quality nonattainment area or maintenance area?

A: No. Title 49 USC 40117(a)(3)(G) (incorporated into BIL-eligibility) requires

airports to be located in a nonattainment area or maintenance area for this type of

equipment.

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Q-U36: Can AIG Competitive or ATP funds be used to replace a FAA owned ATCT

with a sponsor owned FCT?

A: No. FAA owned ATCT are the responsibility of ATO, not ARP. Use of ARP BIL

funding to replace a FAA owned ATCT would be supplementing ATO’s

appropriated funds, which is impermissible.

Q-U37: Is the construction, improvement, or expansion of Customs and Border Patrol

(CBP) or United States Department of Agriculture (USDA) inspection facilities

as part of a terminal project eligible for BIL grants?

A: For either AIG Allocated or ATP funds, the shell of the CBP facilities is

eligible. The USDA inspection facilities are only eligible for AIG Allocated or ATP

funds if they are required in the terminal for screening passengers or their baggage,

for example in Hawaii where all passenger baggage (checked and carry-on) is

screened by the USDA.

Q-U38: Are eligibility calculations required for terminal development grants using AIG

Allocated or ATP funds?

A: Yes. Eligibility calculations similar to those done under PFC will be required for

AIG Allocated and ATP terminal grants.

Q-U39: Are eligibility calculations required for on-airport rail access grants under

ATP?

A: Yes. The process for making eligibility calculations is outlined in PFC Update 75-21

(86 FR 48793, August 31, 2021).

Q-U40: Can ATP funds be used to fund improvements for Terminals at non-primary

airports?

A: Yes. Not less than 10% of the annual ATP funding is available for non-hub and

non-primary airports. Instructions for applying for these funds will be outlined in a

NOFO, which will be issued annually for FY 2022-2026. Projects will be selected

by FAA based on sponsor’s information submitted in response to the criteria as

outlined in the NOFO.

Q-U41: Do ATP grants count toward the $20M discretionary cap?

A: No. The $20M cap under 49 U.S.C. 47119(f) applies to AIP funds and is not

incorporated into BIL legislation.

Q-U42: Are ATP grants for terminal development for non-primary airports limited to

the $200,000 cap?

A: No. The $200,000 cap under 49 U.S.C. 47119(b)(2) applies to AIP funds and is not

incorporated into BIL legislation.

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Q-U43: How will roadway projects that meet the definition of Terminal Development be

prioritized for ATP funding?

A: Access roads servicing exclusively airport traffic that leads directly to or from an

airport passenger terminal building and walkways that lead directly to or from an

airport passenger terminal building are considered terminal development. These

projects will be evaluated as terminal development projects as outlined in the annual

NOFO. Sponsors should consider use of AIG Allocated funds for eligible,

standalone access road improvements.

March 21, 2022Borough Assembly Packet

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   Assembly - Regular 7. e.        Meeting Date: 03/21/2022  Submitted For: Karolyn Ecklund Submitted By: Karolyn

EcklundDepartment: Manager's OfficeApproved for Submittal: Charlanne Thomas, Acting Finance Director

Cynna Gubatayao, Assistant ManagerRuben Duran, Manager

Approved as to form: GlennBrown,BoroughAttorney

InformationTITLEResolution 2931 Adopting Cost-of-Living-Adjustment (COLA) for Non-Represented Benefited Employees

RECOMMENDED ACTIONI move to adopt Resolution 2931, to provide for a cost-of-living (COLA) adjustment for allnon-represented benefited Borough employees for the Fiscal Years of 2023, 2024 and 2025.

SUMMARY OF ISSUEResolution 2931 would provide a cost-of-living adjustment (COLA) for all regular, benefited,non-represented Borough employees on July 1, 2022, July 1, 2023, and July 1, 2024. Between December2021 and March 2022, the Ketchikan Gateway Borough Assembly approved four collective bargainingagreements with the Inlandboatmen's Union of the Pacific (IBU), International Organization of Masters,Mates and Pilots (MMP), Alaska Public Employees Association (APEA), and International Brotherhood ofElectrical Workers (IBEW). The terms of those agreements provided for a 3 percent COLA in FY 2023, a 2percent COLA in FY 2024, and a 2 percent COLA in FY 2025. Management is recommending that the sameCOLA terms be extended to all non-represented Borough employees as well as the Borough Manager,Clerk, and Attorney. The Borough Manager is recommending the adoption of the COLA for all regularbenefited non-represented employees as continuing maintenance of the pay plan adopted by Resolution2907 and to maintain internal parity. There are thirty-six (36) non-represented, benefited Boroughemployees.Additional Wage Information:In accordance with the Borough Strategic Plan, the Borough contracted with Gallagher Benefit Services,Inc. to conduct a compensation study. The Borough Assembly adopted a new Borough-wide pay plan perResolution 2907 on September 16, 2021. When recommending COLA, the Borough Manager takes intoconsideration several factors, including Consumer Price Indexing (CPI), recruitment and retention issues,and maintaining internal parity. Management has pulled data for CPI West Region as of February 2022and found that overall prices have increased 8.1% in a twelve-month period. While the pay planimplementation resolved many internal and external pay issues, ongoing maintenance and adjustmentsare needed to stay current. Additionally, there has been a nation-wide recruitment problem, including andextending to Ketchikan. A pay plan that is current and competitive is the best recruitment and retentionstrategy. 

Fiscal ImpactMarch 21, 2022

Borough Assembly PacketPage 80 of 194

AttachmentsResolution 2931 R2907 Wage Table

March 21, 2022Borough Assembly Packet

Page 81 of 194

KETCHIKAN GATEWAY BOROUGH

RESOLUTION NO. 2931

A Resolution of the Assembly of the Ketchikan Gateway Borough, Providing for Cost-Of-Living Adjustment for the Fiscal Year (FY) of 2023, 2024, and 2025 for all Benefited Non-Represented Borough Employees Effective on July 1 of 2022, 2023 and 2024

R E C I T A L S

A. WHEREAS, KGBC 3.20.020(q) provides that each year as part of the budget process, the Borough Manager shall submit proposed changes to the pay plan, including cost-of-living adjustments (COLAs); and

B. WHEREAS, per Article 6.1 of the International Brotherhood of Electrical Workers Collective Bargaining Agreement with the Borough, IBEW-represented employees will receive a 3 percent COLA in FY 2023, a 2 percent COLA in FY 2024, and a 2 percent COLA in FY 2025; and

C. WHEREAS, per Article 6.1.1 of the Inlandboatmen’s Union of the Pacific Collective Bargaining Agreement with the Borough, IBU-represented employees will receive a 3 percent COLA in FY 2023, a 2 percent COLA in FY 2024, and a 2 percent COLA in FY 2025; and

D. WHEREAS, per Article 6.2.1 of the Masters, Mates, and Pilots Collective Bargaining Agreement with the Borough, MMP-represented employees will receive a 3 percent COLA in FY 2023, a 2 percent COLA in FY 2024, and a 2 percent COLA in FY 2025; and

E. WHEREAS, per Article 6.1.2 of the Alaska Public Employees Association/AFT Collective Bargaining Agreement with the Borough, APEA-represented employees will receive a 3 percent COLA in FY 2023, a 2 percent COLA in FY 2024,and a 2 percent COLA in FY 2025; and

F. WHEREAS, in the past, COLA increases for non-represented Borough employees have occurred sporadically by stand-alone Assembly resolution, such that the aggregate 10-year COLA increases afforded to non-represented employees have lagged 6 percent to 9.5 percent behind those aggregate COLAs provided by collective bargaining agreement to union-represented employees; and

G. WHEREAS, to ensure internal employee wage equity, the Borough Manager is recommending a 3 percent COLA in FY 2023, a 2 percent COLA in FY 2024, and a 2 percent COLA in FY 2025 for non-represented Borough employees; and

H. WHEREAS, the intent of this resolution is to adjust the wage scale adopted by March 21, 2022

Borough Assembly PacketPage 82 of 194

Resolution No. 2931 Page 2

resolution 2907 by the defined FY COLA percentage on July 1 of 2022, 2023, 2024; and to amend the compensation for the Borough Manager, Borough Clerk and Borough attorney to reflect the same COLA percentage to provide internal equity between represented and non-represented employees.

NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE FACTS, IT IS RESOLVED BY THE ASSEMBLY OF THE KETCHIKAN GATEWAY BOROUGH as follows:

Section 1. The Assembly hereby authorizes cost-of-living adjustment (COLA) for regular, benefited, non-represented Borough employees on July 1 of 2022, 2023 and 2024.

Section 2. Wage Scale: The wage scale set forth in Resolution 2907 shall be adjusted by set COLA percentage provided in this resolution and replaced on July 1 of 2022, 2023,and 2024 to reflect cost-of-living adjustment.

Section 3. Contract Employees: The Assembly hereby adopts a 3 percent COLA in FY 2023, a 2 percent COLA in FY 2024, and a 2 percent COLA in FY 2025 for its three contract employees, the Borough Manager, Borough Attorney and Borough Clerk effective July 1 of 2022, 2023 and 2024.

Section 4. Effective Date. This resolution shall be effective immediately upon adoption.

ADOPTED this _____ day of ____________, 2022.

_____________________________________________Rodney Dial, Borough Mayor

ATTEST:

_____________________________________________Kacie Paxton, Borough Clerk

APPROVED AS TO FORM:

______________________________________________Glenn Brown, Borough Attorney

March 21, 2022Borough Assembly Packet

Page 83 of 194

KETCH IKAN GATEWAY BOROUGH

RESOLUTION NO. 2907

A Resolution of the Assembly of the Ketchikan Gateway Borough, Alaska,

Adopting a New Wage Table End a New Schedule of Pay Classifications For

Union and Non- Union Borough Employees To Supersede and Replace All

Previous Pay Classifications ard Wage Tables, and Establishing an Effective

Date.

RECITALS

A. WHEREAS, Section 29. 20.410 of the Alaska Statutes authorizes the Ketchikan

Gateway Borough to provide for a personnel system and classified service; and

B. WHEREAS, in accordance with KGBC 320. 020( a), ( b) and ( c), the official pay plan

consists of a schedule of pay classifications assigning each position an

appropriate grade in the pay plan, and a wage table setting forth wage ranges

for pay grade; and

C. WHEREAS, the schedules of pay classifications are adopted by the Assembly byresolution, as well as the schedules included in all current collective bargainingagreements approved by the Assembly; and

D. WHEREAS, KGBC 3. 20. 020( q) provides that each year as part of the budget

process, the Manager shall submit proposed changes in the wage table; and

E. WHEREAS, in 2019, the Borough contracted with Arthur J. Gallagher & Co.

Gallagher) to conduct the Borough' s first- ever compensation study including an

evaluation of all positions, classifications and pay grades, and a comprehensive

wage analysis; and

F. WHEREAS, at its regular meeting of August 2, 2021, the Assembly directed staff

to implement a new pay plan based upon recommendations contained in an April

2020, Gallagher compensation study report; and

G. WHEREAS, the Assembly has approved and adopted a budget amendment

necessary to fund implementation of the new pay plan to include adoption of a

new schedule of pay classifications and a new wage- table; and

H. WHEREAS, the adopted budget amendment will place all Borough employees on

the new wage table, with the exception the Manager, the Clerk, and the Attorney,whose contracts are negotiated directly with the Assembly, and

I. WHEREAS, no employee shall suffer a reduction in wages with the implementation

of the new compensation plan.

March 21, 2022Borough Assembly Packet

Page 84 of 194

Resolution No. 2907 Page 2

NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE FACTS, IT IS RESOLVED BY

THE ASSEMBLY OF THE KETCHIKANATEWAY BOROUGH as follows:

Section 1. The following Pay an is hereby adopted to apply to the union and non-

union employees of the Ketch kan Gateway Borough by implementing a new pay

structure and job classification system.

Section 2. NewJY...aggl-alDle: The Assembly of the Ketchikan Gateway Borough hereby

adopts the Wage Table set forth in Exhibit A, attached hereto.

Section 3. Schedule of Pay Classifications: The Assembly hereby adopts the Schedule

of Pay Classifications as set forth in Exhibit( s) B, C, D, E and F and attached hereto.

Section 4. Superseded and Rvealed: Inconsistent resolutions, including Resolution

2413, setting forth pay classifications and pay grades relating to non- union and union

employees of the Ketchikan Gateway Borough and wage tables adopted prior to this

resolution, are hereby superseded, and replaced by this resolution.

Section 5. Effective Date. This resolution shall be effective September 16, 2021.

ADOPTED this7th

day of September, 2021.

Rodney Dial, Borough Mayor

ATTEST

drNor

Kacie Paxton, Borough Clerk

APPROVED AS TO FORM:

Glenn Brow Borough Attorney

March 21, 2022Borough Assembly Packet

Page 85 of 194

Ketclikan Gateway Borough

Resolution 2907 Exhibit A

Wage Table Effective: September 16, 2021

All Al2 A13

A 16. 33 $ 18. 15 $ 19. 97,

B 16. 57 $ 18. 42 $ 20.27,

C 16. 82 $ 18. 70 $ 20,57

D 17. 07 $ 18. 98 $ 20.88

E 17. 33 $ 19. 26 $ 21. 19,

F 17. 59 $ 19. 55. $ 21. 51,

G 17. 85. $ 19. 84. $ 21. 83,

H 18. 12 $ 20. 14 $ 22. 16

18. 39 $ 20.44 $ 22.49

J 18. 67 $ 20.75 $ 22. 83

K 18. 95 $ 21. 06 $ 23. 17

L 19. 23 $ 21. 38 $ 23, 52

19. 52 $ 21. 70 $ 23. 87

N 19. 81 $ 22. 02 $ 24. 23,

O 20. 11 $ 22. 35 $ 24.59

P 20. 41 $ 22. 69 $ 24. 96

Q 20. 72 $ 23. 03 $ 25.34

R 21. 03 $ 23. 37 $ 25.72

S 21. 35 $ 23. 72 $ 26. 10

T 21, 67 $ 24. 08 $ 26.49

U 21. 99 $ 24. 44 $ 26.89

22. 32 $ 24, 81 $ 27. 30

W 22. 66 $ 25. 18 $ 27. 70

X -$ 22.99 $ 25.56 $ 28. 12

Y 23. 34 $ 25.94 $ 28. 54

Z 23.69 $ 26. 33 $ 28. 97

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Ketciikan Gateway Borough

Resolution 2907 Exhibit A

Wage Table Effective: September 16, 2021

B21 B22 B23 B24/ B31 B25/ B32

A 21, 06 $ 22.82 $ 24, 58. $ 26. 79 $ 29,42

B 21. 37 $ 23. 16 $ 24. 95 $ 27, 19 $ 29. 86

C 21. 70 $ 23. 51 $ 25.32 $ 27. 60-, $ 30. 31

D 22. 02 $ 23. 86 $ 25.70 $ 28. 01. $ 30. 77

E 22. 35 $ 24, 22 $ 26. 09 $ 28.43 $ 31. 23-

F 22. 69 $ 24. 58 $ 26. 48 $ 28. 86 $ 31. 70

G 23. 03 $ 24.95 $ 26.87 $ 29.29 $ 32. 17

H 23.37 $ 25.32 $ 27.28 $ 29.73 $ 32.65

I 23. 72 $ 25.70 $ 27. 69 $ 30. 17 $ 33. 14

J 24.08 $ 26. 09 $ 28. 10 $ 30.63 $ 33.64

24. 44 $ 26.48 $ 28. 52 $ 31. 09 $ 34. 15.

L 24. 81 $ 26. 88 $ 28. 95 $ 31. 55 $ 34. 66

M 25, 18 $ 27.28 $ 29. 39 $ 32, 03 $ 35. 18

N 25. 56 $ 27. 69 $ 29. 83 $ 32. 51 $ 35.71

O 25. 94 $ 28. 11 $ 30.27 $ 32. 99 $ 36. 24

P 26. 33 $ 28.53 $ 30. 73 $ 33. 49 $ 36. 78

26. 72 $ 28. 96 $ 31. 19 $ 33. 99 $ 37. 34

R 27. 12 $ 29. 39 $ 31. 66 $ 34, 50 $ 37. 90

S 27. 53 $ 29.83 $ 32. 13 $ 35. 02 $ 38.47

T 27. 94 $ 30. 28 $ 32. 61 $ 35. 54. $ 39.04

U 28.36 $ 30. 73 $ 33. 10 $ 36. 08 $ 39. 63,

28. 79 $ 31. 19 $ 33. 60 $ 36. 62 $ 40.22

W 29.22 $ 31. 66 $ 34. 10 $ 37. 17 $ 40. 83

X 29.66 $ 32. 14 $ 34. 62 $ 37. 72 $ 41. 44

Y 30. 10 $ 32. 62 $ 35. 13 $ 38. 29 $ 42. 06,

Z 30. 56 $ 33. 11 $ 35. 66 $ 38.87 $ 42.69

AA 31. 01 $ 33. 60 $ 36. 20 $ 39.45 $ 43.33

AB 31. 48 $ 34. 11 $ 36. 74 $ 40. 04 $ 43. 98

AC 31. 95 $ 34.62. $ 37. 29. $ 40.64 $ 44.64

AD 32, 43 $ 35. 14 $ 37, 85 $ 41. 25 $ 45.31

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Ketc likan Gateway Borough

ReEolution 2907 Exhibit A

Wage Table Effective: September 16, 2021

B21P B21PU1 B22P B22PU2 B23P

A 24. 22 $ 30. 94 $ 26. 24 $ 33.26 $ 33. 53

B 24, 58 $ 31. 41 $ 26. 63. $ 33,76 $ 34. 04

C 24. 95_, $ 31. 88 $ 27.03 $ 34. 27 $ 34. 55

D 25. 32. $ 32.36 $ 27. 44 $ 34. 78. $ 35. 07

E 25.70 $ 32. 84, $ 27. 85. $ 35. 31 $ 35.59

F 26. 09 $ 33. 34 $ 28. 27 $ 35.84 $ 36. 13

G 26.48 $ 33. 84 $ 28.69 $ 36. 37 $ 36. 67,

H 26. 88 $ 34. 34 $ 29. 12 $ 36. 92 $ 37.22.

27. 28 $ 34. 86 $ 29. 56 $ 37. 47 $ 37. 78.

J 27. 69 $ 35. 38 $ 30. 00 $ 38. 03 $ 38. 34.

K 28. 11 $ 35. 91 $ 30.45 $ 38. 61 $ 38. 92

L 28. 53 $ 36.45 $ 30. 91 $ 39. 18 $ 39. 50

M 28.95 $ 37, 00 $ 31. 37 $ 39. 77 $ 40. 09

N 29.39 $ 37. 55 $ 31. 85. $ 40. 37 $ 40.69

0 29.83 $ 38. 12 $ 32. 32 $ 40. 97 $ 41. 31

P 30, 28 $ 38. 69 $ 32. 81 $ 41. 59 $ 41. 92

Q 30. 73 $ 39. 27 $ 33, 30 $ 42.21 $ 42.55

R 31. 19 $ 39. 86 $ 33. 80 $ 42.85 $ 43. 19

S 31. 66 $ 40. 45 $ 34. 31 $ 43.49 $ 43. 84

T 32. 14 $ 41. 06 $ 34. 82 $ 44. 14 $ 44.50

U 32.62 $ 41. 68 $ 35. 34 $ 44. 80 $ 45. 16

33. 11 $ 42. 30 $ 35. 87 $ 45. 48 $ 45.84

W 33. 60 $ 42. 94 $ 36. 41 $ 46. 16. $ 46. 53,

X 34. 11 $ 43. 58 $ 36. 96 $ 46.85 $ 47.23

34. 62 $ 44.23 $ 37, 51 $ 47. 55 $ 47. 94

Z 35. 14 $ 44. 90 $ 38. 07 $ 48.27 $ 48.66

AA 35.67 $ 45. 57 $ 38.65 $ 48. 99 $ 49. 39

AB 36.20. $ 46.26 $ 39. 23 $ 49. 72 $ 50. 13,

AC 36.74 $ 46. 95 $ 39. 81 $ 50. 47 $ 50.88

AD 37.29 $ 47. 65 $ 40.41 $ 51. 23 $ 51. 64

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March 21, 2022Borough Assembly Packet

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Ketc iikan Gateway Borough

Re.! olution 2907 Exhibit A

Wage Table Effective: September 16, 2021

C41 C41PU3 C42 C43 C43P C44/ C51 C45/ C52

A 30. 94 $ 35. 76 $ 32. 67 $ 34. 40 $ 36. 89 $ 36. 55 $ 39. 13

B 31. 41 $ 36. 30. $ 33. 16 $ 34. 91 $ 37. 44 $ 37. 09 $ 39.72

C 31. 88 $ 36. 84 $ 33. 66 $ 35.44 $ 38. 00 $ 37.65 $ 40. 32

D 32. 36 $ 37. 39 $ 34. 16 $ 35.97 $ 38. 57 $ 38. 21 $ 40. 92

E 32. 84 $ 37. 95 $ 34. 68 $ 36. 51 $ 39. 15 $ 38. 79 $ 41. 54

F 33. 34 $ 38. 52 $ 35. 20 $ 37. 06 $ 39. 74 $ 39. 37 $ 42. 16

G 33. 84 $ 39. 10 $ 35. 72. $ 37. 61 $ 40. 33 $ 39. 96 $ 42. 79

H 34. 34 $ 39. 69 $ 36.26 $ 38. 18 $ 40. 94 $ 40. 56 $ 43.43

1 34. 86 $ 40.28 $ 36.80 $ 38. 75 $ 41. 55 $ 41. 17 $ 44.09

J 35.38 $ 40. 89 $ 37. 36 $ 39. 33 $ 42. 18 $ 41. 79 $ 44. 75

K 35.91 $ 41. 50 $ 37. 92 $ 39, 92 $ 42. 81 $ 42.41 $ 45.42

L 36. 45 $ 42. 12 $ 38. 48 $ 40. 52 $ 43.45 $ 43.05 $ 46. 10,

M 37. 00. $ 42.76. $ 39. 06, $ 41. 13 $ 44. 10 $ 43. 69 $ 46.79

N 37. 55. $ 43.40, $ 39, 65 $ 41. 74 $ 44. 76 $ 44. 35 $ 47.49

0 38. 12 $ 44,05 $ 40. 24,. $ 42. 37., $ 45. 44 $ 45.02 $ 48. 20

38.69 $ 44. 71 $ 40. 85 $ 43.00 $ 46. 12 $ 45.69 $ 48.93

Q 39,27 $ 45.38 $ 41. 46 $ 43.65 $ 46. 81 $ 46. 38 $ 49.66

R 39. 86 $ 46.06 $ 42.08 $ 44. 30 $ 47. 51 $ 47. 07 $ 50.41

S 40.45 $ 46, 75 $ 42. 71 $ 44. 97 $ 48.22 $ 47. 78 $ 51. 16

T 41. 06 $ 47. 45 $ 43.35 $ 45.64. $ 48. 95 $ 48.49 $ 51. 93

U 41. 68 $ 48. 16 $ 44. 00 $ 46. 33 $ 49. 68 $ 49.22. $ 52.71

42. 30 $ 48. 89 $ 44. 66 $ 47. 02 $ 50.43 $ 49.96 $ 53. 50

W 42. 94 $ 49. 62 $ 45.33 $ 47. 73 $ 51. 18 $ 50. 71, $ 54. 30

X 43.58, $ 50. 36 $ 46. 01 $ 48. 44 $ 51. 95 $ 51. 47 $ 55. 12

Y 44. 23 $ 51. 12 $ 46.70 $ 49. 17 $ 52. 73 $ 52. 24 $ 55. 94

Z 44.90 $ 51. 89 $ 47.40. $ 49. 91 $ 53. 52 $ 53. 03 $ 56.78,

AA 45. 57 $ 52. 66 $ 48. 11 $ 50. 66 $ 54. 32. $ 53. 82 $ 57.63

AB 46. 26 $ 53. 45 $ 48.84 $ 51. 42 $ 55. 14 $ 54.63 $ 58. 50

AC 46. 95 $ 54. 26 $ 49. 57 $ 52. 19 $ 55. 97 $ 55. 45 $ 59. 38

AD 47. 65 $ 55. 07 $ 50. 31 $ 52. 97 $ 56. 81 $ 56.28 $ 60.27

AE 48. 37 $ 55. 90 $ 51. 07. $ 53. 76.. $ 57. 66 $ 57. 12 $ 61. 17

AF 49.09 $ 56.73 $ 51. 83 $ 54. 57 $ 58. 52. $ 57. 98. $ 62.09

AG 49.83 $ 57. 58 $ 52. 61 $ 55. 39 $ 59. 40 $ 58. 85 $ 63.02

AH

Al

AJ

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March 21, 2022Borough Assembly Packet

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Ketchikan Gateway Borough

Reolution 2907 Exhibit A

Wage Table Effective: September 16, 2021

D61 D62 D63 D71 D72

A 39. 91 $ 41. 90 $ 44. 00 $ 46. 20 $ 48. 51

B 40. 51. $ 42. 53 $ 44. 66 $ 46. 90 $ 49.23

41. 11 $ 43. 17 $ 45. 33 $ 47. 60 $ 49. 97

o 41. 73 $ 43. 82 $ 46. 01 $ 48. 31 $ 50.72

E 42. 36 $ 44. 47 $ 46. 70 $ 49. 04 $ 51. 48

F 42. 99 $ 45. 14 $ 47. 40 $ 49. 77 $ 52.26

G 43. 64 $ 45. 82 $ 48. 11 $ 50. 52 $ 53,04

H 44. 29 $ 46.51 $ 48. 83 $ 51. 28., $ 53. 84

44. 96, $ 47. 20 $ 49. 57 $ 52. 05 $ 54. 64

J 45. 63 $ 47. 91 $ 50. 31 $ 52.83 $ 55.46

K 46. 31 $ 48. 63 $ 51. 06 $ 53. 62 $ 56.29

L 47. 01 $ 49. 36 $ 51. 83 $ 54. 42 $ 57. 14

M 47. 71 $ 50. 10 $ 52. 61 $ 55. 24 $ 58. 00

N 48.43 $ 50. 85 $ 53. 40 $ 56. 07. $ 58. 87

o 49. 16 $ 51. 61 $ 54. 20 $ 56. 91 $ 59. 75

P 49. 89 $ 52. 39 $ 55. 01 $ 57. 76 $ 60. 64

Q 50.64 $ 53. 17 $ 55.83 $ 58. 63 $ 61. 55

R 51. 40 $ 53. 97 $ 56. 67 $ 59. 51 $ 62.48

S 52. 17 $ 54. 78 $ 57. 52 $ 60.40 $ 63. 42,

52.96 $ 55. 60 $ 58. 39 $ 61. 31 $ 64. 37,

U 53. 75 $ 56. 44 $ 59. 26 $ 62. 23 $ 65. 33

54. 56 $ 57. 28 $ 60. 15 $ 63. 16 $ 66. 31

55. 37 $ 58. 14 $ 61. 05 $ 64. 11 $ 67. 31

X 56. 21 $ 59. 02 $ 61. 97 $ 65. 07 $ 68. 32

Y 57. 05 $ 59. 90 $ 62. 90 $ 66. 05 $ 69.34

Z 57. 90 $ 60. 80 $ 63. 84 $ 67. 04, $ 70. 38

AA 58. 77 $ 61. 71 $ 64. 80 $ 68.04 $ 71. 44

AB 59. 65 $ 62.64 $ 65.77 $ 69.06 $ 72. 51

AC 60. 55 $ 63. 58 $ 66. 76- $ 70. 10 $ 73. 60

AD 61. 46 $ 64. 53 $ 67. 76 $ 71. 15 $ 74. 70

AE 62. 38 $ 65. 50 $ 68. 77 $ 72. 22 $ 75. 82,

63. 31 $ 66.48 $ 69.81 $ 73. 30. $ 76. 96

AG 64. 26 $ 67. 48 $ 70. 85 $ 74. 40 $ 78. 11

AH 65.23 $ 68.49 $ 71. 92. $ 75.52 $ 79.28

Al 66, 21 $ 69. 52 $ 73.00 $ 76. 65 $ 80. 47

AJ 67.20 $ 70, 56 $ 74. 09 $ 77. 80 $ 81. 68,

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March 21, 2022Borough Assembly Packet

Page 90 of 194

Ketc iikan Gateway Borough

Re5olution 2907 Exhibit A

Wage Table Effective: September 16, 2021

E81 E82 E83 E91 E92

A 50. 94 $ 53. 48 $ 56. 16 $ 58. 96 $ 61, 92

B 51. 70 $ 54. 29 $ 57. 00 $ 59. 84 $ 62. 85

C 52. 48 $ 55. 10 $ 57.85 $ 60. 74. $ 63. 79

D 53. 26 $ 55. 93 $ 58. 72 $ 61. 65 $ 64. 74

E 54. 06 $ 56. 77 $ 59. 60 $ 62. 58 $ 65.72

F 54. 87 $ 57. 62 $ 60. 50, $ 63. 52 $ 66. 70

G 55. 70 $ 58.48 $ 61. 40 $ 64. 47 $ 67.70

H 56.53 $ 59. 36 $ 62. 32 $ 65. 44 $ 68.72,

57. 38 $ 60. 25 $ 63. 26 $ 66.42 $ 69.75

J 58. 24, $ 61. 15 $ 64. 21. $ 67. 41 $ 70, 79

K 59. 11. $ 62. 07 $ 65. 17 $ 68, 42 $ 71. 86r

L 60. 00. $ 63.00. $ 66. 15 $ 69. 45 $ 72. 93

M 60. 90 $ 63.95 $ 67. 14 $ 70. 49 $ 74. 03

N 61. 81 $ 64. 91 $ 68. 15 $ 71. 55 $ 75. 14

O 62. 74 $ 65.88 $ 69. 17 $ 72. 62 $ 76. 27

P 63.68 $ 66. 87 $ 70. 21 $ 73. 71 $ 77. 41

Q 64. 64 $ 67, 87 $ 71. 26 $ 74. 82 $ 78. 57

R 65. 61 $ 68. 89. $ 72. 33 $ 75.94 $ 79. 75

S 66.59 $ 69. 92 $ 73.41 $ 77. 08 $ 80. 95

T 67. 59 $ 70. 97 $ 74. 52 $ 78. 24 $ 82. 16

68. 60 $ 72. 03 $ 75. 63 $ 79. 41 $ 83. 39

69. 63 $ 73. 12 $ 76. 77 $ 80.60 $ 84.64

W 70. 68 $ 74. 21 $ 77. 92 $ 81. 81 $ 85. 91

X 71. 74 $ 75.33 $ 79. 09 $ 83.04 $ 87.20

Y 72. 81 $ 76. 45 $ 80. 28 $ 84. 28 $ 88. 51

Z 73. 91 $ 77. 60 $ 81. 48 $ 85. 55 $ 89. 84

AA 75. 01 $ 78. 77 $ 82. 70 $ 86. 83 $ 91. 18

AB 76. 14 $ 79. 95. $ 83. 94 $ 88. 13 $ 92.55,

AC 77.28 $ 81. 15 $ 85. 20 $ 89.45 $ 93. 94,

AD 78. 44 $ 82. 36 $ 86.48 $ 90. 80 $ 95.35

AE 79. 62 $ 83. 60 $ 87. 78 $ 92. 16 $ 96.78

AF 80. 81 $ 84. 85 $ 89. 09 $ 93. 54. $ 98.23,

AG 82. 02 $ 86. 13 $ 90. 43 $ 94. 94., $ 99.71

AH 83. 25 $ 87. 42 $ 91. 79 $ 96. 37 $ 101. 20,

Al 84. 50 $ 88. 73 $ 93. 16 $ 97. 81 $ 102. 72

AJ 85.77 $ 90. 06 $ 94. 56 $ 99, 28 $ 104. 26,

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March 21, 2022Borough Assembly Packet

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   Assembly - Regular 7. f.        Meeting Date: 03/21/2022  Submitted For: Glenn Brown Submitted By: Glenn

BrownDepartment: Law Approved for Submittal: Charlanne Thomas, Acting Finance Director

Ruben Duran, ManagerAlex Peura, Airport Manager

Approved as to form: GlennBrown,BoroughAttorney

InformationTITLEResolution 2932 Supporting Alaska Department of Transportation and Public Facilities Projects forMurphy’s Pullout Seaplane Base Expansion at Murphy’s Landing and Ketchikan Seaplane RampReconstruction at Ketchikan International Airport

RECOMMENDED ACTION"I move to adopt Resolution 2932 in Support of Alaska Department of Transportation and Public FacilitiesProjects for Murphy’s Pullout Seaplane Base Expansion at Murphy’s Landing and Ketchikan SeaplaneRamp Reconstruction at Ketchikan International Airport."

SUMMARY OF ISSUEThe Alaska Department of Transportation and Public Facilities (DOT) has begun planning to complete twoprojects in Ketchikan:

1. Murphy’s Pullout Seaplane Base project.  Murphy’s Pullout Seaplane Base was constructed in 1985 andownership of the facility was transferred from the State of Alaska to Ketchikan Gateway Borough inAugust, 1992. At the time of ownership transfer, the sponsorship of Murphy’s Pullout Seaplane Baseshould have likely been transferred as well, however, sponsorship remained under the State of Alaska.This lack of unity in ownership and sponsorship of this facility, along with its designation as an“unclassified airport,” caused there to be no dedicated funding necessary to maintain the seaplane baseand the facility entered a lengthy period of disrepair and deterioration. The proposed project will includea reclassification of the seaplane base from "unclassified" to BASIC (a step already completed for 2023which allows the base to be eligible for annual federal funding going forward), will allow DOT to invest$7,754,994 into an overhaul and expansion of the base at which time  sponsorship of the facility willfinally be vested in the Borough. The project includes a complete reconstruction of the seaplane base, toinclude new pilings, new floats, new ramp, and an expansion of the facility from eight spaces to a total of16 spaces. 

2. Ketchikan Seaplane Ramp reconstruction project. This project includes a $1,914,797 reconstruction ofthe seaplane ramp located adjacent to the float plane dock at Ketchikan International Airport. The projectwill include a full replacement of the deteriorating ramp used at the airport to haul seaplanes for storageand repair, and additionally includes removal of dilapidated seaplane floats. These facilities are heavilyutilized and important aviation asset at Ketchikan International Airport. 

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The Alaska Department of Transportation & Public Facilities has requested a resolution from KetchikanGateway Borough supporting these projects. 

Fiscal Impact

AttachmentsResolution 2932 Murphy's Seaplane Base Project KIA Seaplane Ramp Project

March 21, 2022Borough Assembly Packet

Page 93 of 194

KETCHIKAN GATEWAY BOROUGH

RESOLUTION NO. 2932

A Resolution of the Assembly of the Ketchikan Gateway Borough in Support of Alaska Department of Transportation and Public Facilities Projects for Murphy’s Pullout Seaplane Base Expansion at Murphy’s Landing and Ketchikan Seaplane Ramp Reconstruction at Ketchikan International Airport

R E C I T A L S

A. WHEREAS, the Alaska Department of Transportation and Public Facilities (DOT) has begun planning to complete two projects benefitting the Ketchikan aviation community and to aid commerce in the greater Ketchikan community; and

B. WHEREAS, the Murphy’s Pullout Seaplane Base was constructed in 1985 and ownership of the facility was transferred from the State of Alaska to Ketchikan Gateway Borough in August, 1992; and

C. WHEREAS, at the time of ownership transfer, the sponsorship of Murphy’s Pullout Seaplane Base should have likely been transferred as well, however, sponsorship remained under the State of Alaska; and

D. WHEREAS, as a result of the lack of unity in ownership and sponsorship of this facility, along with its designation as an “unclassified airport,” caused there to be no dedicated funding necessary to maintain the seaplane base and the facility entered a long period of disrepair and deterioration; and

E. WHEREAS, the proposed Murphy’s Pullout Seaplane Base project includes areclassification of the facility to an FAA-designated “BASIC” airport facility, allowsDOT to invest $7,754,994 into a long-needed overhaul and expansion of the base, and sponsorship will be vested in the Borough allowing annual federal Airport Improvement Project (AIP) funding for ongoing maintenance and repair; and

F. WHEREAS, the planned project at Murphy’s Pullout Seaplane Base includes a complete reconstruction of the seaplane base to include new pilings, new floats, new ramp, and an expansion of the facility from eight spaces to a total of 16 spaces; and

G. WHEREAS, the Murphy’s Pullout Seaplane Base project will preserve and upgrade an important aviation asset in the community, encourage increased private air travel into Ketchikan, and will allow growth in local usage with its expanded capacity; and

H. WHEREAS, the Ketchikan Seaplane Ramp reconstruction project includes a $1,914,797 reconstruction of the seaplane ramp located adjacent to the float

March 21, 2022Borough Assembly Packet

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Resolution No. 2932 Page 2

plane dock at Ketchikan International Airport; and

I. WHEREAS, the Ketchikan Seaplane Ramp reconstruction project will include a full replacement of the deteriorating ramp used at the airport to haul seaplanes for storage and repair, and additionally includes removal of dilapidated seaplane floats; and

J. WHEREAS, the Ketchikan Seaplane Ramp reconstruction project was omitted from the Gravina Access Project and represents a significant upgrade of a heavily utilized and important aviation asset at Ketchikan International Airport

K. WHEREAS, the proposed projects both represent valuable investments into aviation infrastructure in Ketchikan, the projects support an industry important to Ketchikan’s role as a premier tourist destination, and the projects resolve long-standing liabilities borne by the local community at a time when no clear source of funds was available to take constructive action.

NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE FACTS, IT IS RESOLVED BY THE ASSEMBLY OF THE KETCHIKAN GATEWAY BOROUGH as follows:

Section 1. The Ketchikan Gateway Borough Assembly supports the Murphy’s Pullout Seaplane Base expansion project as proposed by the Alaska Department of Transportation and Public Facilities.

Section 2. The Ketchikan Gateway Borough Assembly supports the reclassification of Murphy’s Pullout Seaplane Base from its FAA designation as an “unclassified” airport facility to a BASIC facility, and the assumption of sponsorship of Murphy’s Pullout Seaplane Base upon completion of the project.

Section 3. The Ketchikan Gateway Borough Assembly supports the Ketchikan Seaplane Ramp reconstruction project as proposed by the Alaska Department of Transportation and Public Facilities.

Section 4. Effective Date. This resolution shall be effective immediately upon adoption.

ADOPTED this _____ day of March, 2022.

March 21, 2022Borough Assembly Packet

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Resolution No. 2932 Page 3

_____________________________________________Rodney Dial, Borough Mayor

ATTEST:

_____________________________________________Kacie Paxton, Borough Clerk

APPROVED AS TO FORM:

______________________________________________Glenn Brown, Borough Attorney

March 21, 2022Borough Assembly Packet

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Scope, Schedule, Estimate (SSE) Confirmation

Project NameDATE CATEGORY

NEED ID REASON

PLANNING SSEPROPOSED SCOPE

PLANNING ESTIMATE Year 1 Year 2 Year 3 Year 4 TOTAL

Design (pre- and post- env) $ 500,000.00 $ 500,000.00

Utilities $ 50,000.00 $ 50,000.00

Right of Way $ 50,000.00 $ 50,000.00

Construction $ 1,900,000.00

TOTAL $ 500,000.00 $ 100,000.00 $ 1,900,000.00 $ - $ 2,500,000.00

CONFIRMED SSECONFIRMED SCOPE

ENGINEERS CONFIRMED ESTIMATE Year 1 Year 2 Year 3 Year 4 TOTAL

Design (pre- and post- env) 500,000 500,000

Utilities -

Right of Way 100,000 100,000

Construction 6,800,000 6,800,000

TOTAL 500,000 6,900,000 - - 7,400,000

CONSIDERATIONS

SSE ValueBasis for Estimate Itemized ApproximationField Review or Recon NoList Assumptions & Unknowns

ENVIRONMENTAL ValueAnticipated Environmental Doc CEEnvironmental Doc Prep Time 12 month4(F) Involvement NoPermits Required YesList Assumptions & Unknowns

ESA Section 7, IHA, COA, ADF&G

Remove and replace existing timber mooring float consisting of eight seaplane mooring spaces and construct a new float facility with space to accommodate an additional eight new seaplane mooring spaces (16 each) and associated upland access improvements as needed.

Comments

Limited geotechnical information and bathymetric survey data.

Comments

Remove old ramp and dilapidated seaplane floats and construct a new seaplane pull out ramp. Reconstruct existing float of eight (8) parking spaces and construct a new parallel float with space to accommodate an additional eight (8) new seaplane parking spaces.

Murphy's Pullout (8K9) Seaplane Base Expansion

NA

1/24/2022 Capacity Expansion

New Project Update SSE

Department of Transportation Public FacilitiesProgram Development Statewide Planning March 21, 2022

Borough Assembly PacketPage 97 of 194

Scope, Schedule, Estimate (SSE) ConfirmationROW ValueConfidence in ROW Estimate ModerateList Assumptions & Unknowns

UTILITY ValueConfidence in Utility Estimate ModerateList Assumptions & Unknowns

OTHER ValueImpacts to Annual M&O NoBridge Work Included NoGeotech ConsiderationsList Assumptions & Unknowns

CERTIFICATION & APPROVALPlease adjust comment boxes to fit all text before converting to PDFConfirmed SSE Prepared By

Loren Gehring, Project ManagerName Date

Confirmed SSE Pre-Construction Approval

Signature, Pre-Construction Engineer

Kirk Miller, P.E.Name Date

Confirmed SSE Planner Approval

Signature, Planning Chief

Marie HeidemannName Date

Formal discussions have not be made with ROW Section for this SSE.

Unknown. New field investigations may be needed.

Existing ROW conditions are unknown. Existing facility is likely within an an existing DOT&PF tidelands lease. Adjacent uplands are within existing DOT&PF ROW.

KGB currently operates and maintains this facility.

Utility involvment likely not needed or will be minor.

Comments

Comments

Comments

Department of Transportation Public FacilitiesProgram Development Statewide Planning

1/28/2022

01/28/2022

March 21, 2022Borough Assembly Packet

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DOT&PF SCR MARINE ENGINEERING

PROJECT TITLE: Murphy's Landing Tie-down FloatsDate: 1/22/2022Scope: Remove existing seaplane floats Murphy's Landing

Install two new 8- plane tiedown floats with gangways.

TotalItem No. Item Unit No Rqd Unit Qty Unit Price Quantity Amount

1 Demolition & Removal LS 1 1 100,000$ 1 100,000$

2 25' X 36' Timber Tie-Down Float SF 16 900 100$ 14400 1,440,000$

3 Uplands work @ Murphy's LS 2 1 50,000$ 2 100,000$

4 60' Gangway EA 2 1 150,000$ 2 300,000$

5 10.5' x 220' Main Float SF 2 2310 400$ 4620 1,848,000$

6 18" x 1/2" wall Pipe Piles furnished L.F. 18 100 100$ 1800 180,000$

7 18" x 1/2" wall Pipe Piles driven EA 18 1 15,000$ 18 270,000$

Traffic Control LS 1 1 20,000$ 1 20,000$

CSPP LS 1 1 -$ 1

Subtotal 4,238,000$ Mob and demob 10% 423,800$ Worker Meals & Lodging, Or Per Diem 1.5% 63,570$ Total 4,725,370$

Construction Item Totals = $4,725,370

Construction & Estimating Contingencies @ 25% = $1,181,343

Construction Inspection & Administration @ 20% = $945,074

Construction Total = $6,851,787

Design & Permitting (7%) = $472,537

Sub Total = $7,324,324

ICAP @ 5.88% = $430,670

Project Total = $7,754,994

March 21, 2022Borough Assembly Packet

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PROJECTLOCATION

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KETCHIKAN

Ketchikan

Airport

Ketchikan

Metlakatla

WATER BODIES:

ADJACENT PROPERTY OWNERS:

KETCHIKAN GATEWAY BOROUGH ALASKA STATE DEPT. OF TRANSPORTATION

AND PUBLIC FACILITIES

SOUTHCOAST REGION

APPLICATION BY:

Q:\MARINE\SEA PLANE FLOATS\KTN MURPHYS LANDING\MURPHYS LANDING_SCOPING 1.DWG

Tuesday, July 31, 2012 2:23:49 PM

SHEET OFDATE:

41

KETCHIKAN MURPHY'S LANDING SEAPLANE HAULOUT

PROJECT NO. SFAPT00327

January 24, 2022

TONGASS NARROWS

AT:

LOCATED IN: TOWNSHIP 75 SOUTH,

RANGE 90 EAST CRM, ALASKA

KETCHIKAN, ALASKA

KEY & REGIONAL

MAPS

VICINITY MAPNTS

NO SCALE

EXISTING MURPHY'SLANDING SEAPLANEHAUL OUT FACILITY

TIDAL DATA

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AutoCAD SHX Text
Pa c i f i c
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YAKUTAT
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210
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WEST
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CANADA
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HAINES
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WRANGELL
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CRAIG
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Clarence Strait
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Dixon
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Prince of Wales Island
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Revillagigedo Island
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Duke Island
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Entrance
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Gravina Island
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NORTH
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KETCHIKAN GATEWAY BOROUGH ALASKA STATE DEPT. OF TRANSPORTATION

AND PUBLIC FACILITIES

SOUTHCOAST REGION

APPLICATION BY:

Q:\MARINE\SEA PLANE FLOATS\KTN MURPHYS LANDING\MURPHYS LANDING_SCOPING VACINITY.DWG

Tuesday, July 31, 2012 2:23:49 PM

SHEET OFDATE:

42

KETCHIKAN MURPHY'S LANDING SEAPLANE HAULOUT

PROJECT NO.

January 24, 2022

TONGASS NARROWS

AT:

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RANGE 90 EAST CRM, ALASKA

KETCHIKAN, ALASKA

LOCATION & VICINITY

MAPS

SITE PLAN

PROJECT LOCATION

KETCHIKAN VICINITY MAP

PROJECT LOCATION

MURPHY'S LANDING

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~TONGASS NARROWS~
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KETCHIKAN
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TONGASS AVENUE
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INTERNATIONAL
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AIRPORT
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GRAVINA ISLAND
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Tongass
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NORTH TONGASS HIGHWAY
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KETCHIKAN
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Narrows
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Clover
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Passage
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SOUTH TONGASS HIGHWAY
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George Inlet
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KETCHIKAN
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REVILLAGIGEDO
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KETCHIKAN INTERNATIONAL AIRPORT

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EXISTING ~60' GANGWAY (TO REMOVE)
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EXISTING 45' X 220' TIE-DOWN SEAPLANE FLOAT (TO REMOVE)
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Page 103 of 194

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NEW 8' X 220' MAIN FLOAT, TYP
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Scope, Schedule, Estimate (SSE) Confirmation

Project NameDATE CATEGORYNEED ID REASON

PLANNING SSEPROPOSED SCOPE

PLANNING ESTIMATE Year 1 Year 2 Year 3 Year 4 TOTALDesign (pre- and post- env) 500,000 500,000 Utilities 50,000 50,000 Right of Way 50,000 50,000 Construction 1,900,000

TOTAL 500,000 100,000 1,900,000 - 2,500,000

CONFIRMED SSECONFIRMED SCOPE

ENGINEERS CONFIRMED ESTIMATE Year 1 Year 2 Year 3 Year 4 TOTALDesign (pre- and post- env) 500,000 500,000 Utilities 50,000 50,000 Right of Way 50,000 50,000 Construction 1,900,000

TOTAL 500,000 100,000 1,900,000 - 2,500,000

CONSIDERATIONS

SSE ValueBasis for Estimate Itemized ApproximationField Review or Recon YesList Assumptions & Unknowns

ENVIRONMENTAL ValueAnticipated Environmental Doc CEEnvironmental Doc Prep Time 8 months4(F) Involvement NoPermits Required YesList Assumptions & Unknowns

Construct a seaplane pull out ramp in a new location. Remove old ramp and dilapidated seaplane floats.

Reconstruct Ketchikan Seaplane Ramp12/22/2021 State of Good Repair

Construct a seaplane pull out ramp in a new location. Remove old ramp and dilapidated seaplane floats.

Comments

Engineering staff have recently visited site.

Comments

Portions of work is within submerged tidelands. COE permit, EFH & NMFS consultation and associated permits.

New Project Update SSE

Department of Transportation Public FacilitiesProgram Development Statewide Planning 1 / 2March 21, 2022

Borough Assembly PacketPage 104 of 194

Scope, Schedule, Estimate (SSE) ConfirmationROW ValueConfidence in ROW Estimate HighList Assumptions & Unknowns

UTILITY ValueConfidence in Utility Estimate FullList Assumptions & Unknowns

OTHER ValueImpacts to Annual M&O NoBridge Work Included NoGeotech ConsiderationsList Assumptions & Unknowns

CERTIFICATION & APPROVALPlease adjust comment boxes to fit all text before converting to PDFConfirmed SSE Prepared By

Loren Gehring, Project Manager Date

Confirmed SSE Pre-Construction Approval

Signature, Pre-Construction Engineer

Kirk Miller, P.E. Date

Confirmed SSE Planner Approval

Signature, Planning Chief

Marie Heidemann Date

Formal consultation with ROW staff not performed for this SSE.

No significant field investigations or issues expected. Further consultation pending design.

Project is located within existing DOT&PF airport property boundaries. New ROW acquistion, permits nor easements are not expected to be needed.

Formal consultation with Utility staff not performed for this SSE.

KGB currently operates and maintains this facility by agreement.

No utility work is expected on this project.

Comments

Comments

Comments

Department of Transportation Public FacilitiesProgram Development Statewide Planning 2 / 2

1/28/2022

Kirk Miller 1/28/2022

01/28/2022Marie Heidemann

March 21, 2022Borough Assembly Packet

Page 105 of 194

Draft 12-29-21

Item Number Pay Item Pay Unit Plan Quantity Unit Price Amount

G100.010.0000 Mobilization and Demobilization LS All Required 350,000 350,000

G115.010.0000 Worker Meals and Lodging, or Per Diem LS All Required 50,000 50,000

G130.010.0000 Field Office LS All Required 20,000 20,000

G131.010.0000 Engineering Transportation (Truck) EACH 1 15,000 15,000

P152.020.0000 Unclassified Excavation C.Y. 2,200 60 132,000

G135.010.0000 Construction Surveying by the Contractor LS All Required 25,000 25,000

G210.010.0000 Contractor Safety Plan Compliance Document LS All Required 10,000 10,000

G300.010.0000 CPM Scheduling LS All Required 10,000 10,000

M650.010.0000 Marine Mammal Monitoring LS All Required 25,000 25,000

P165.010.0000 Removal of Structures LS All Required 300,000 300,000

Surface course (ballast material) C.Y. 250 50 12,500

P180.030.0000 Riprap, Class II C.Y. 20 90 1,800

P180.030.0000 Riprap, Class IV C.Y. 1,150 175 201,250

Geotextile Separation Fabric S.Y. 2,000 6 12,000

Precast concrete plank EACH 75 3,500 262,500

P641.030.0000 Temporary Erosion, Sediment, and Pollution Control LS All Required 15,000 15,000

P661.030.0000 Standard Signs LS All Required 5,000 5,000

U500.010.000 Electrical Power System - Demo and New LS All Required 60,000 60,000

1,507,050.00

301,410.00 20.00%

106,337.45 5.88%

1,914,797.45

Indirect Cost Allocation Plan (ICAP) Percent/Amount:

Category Basic Bid Estimate Total:

ROM Construction Cost EstimateState of Alaska - Department of Transportation and Public Facilities

Southcoast RegionProject Name: Ketchikan Airport Seaplane Base Refurbishment

Project No. SFAPT00327

Category Basic Bid Total:

Construction Engineering Percent/Amount:

Q:\Ktn\SFAPT00327\MF\Estimate\Preliminary Estimate (12-28-21) March 21, 2022Borough Assembly Packet

Page 106 of 194

PROJECTLOCATION

N

KETCHIKAN

Ketchikan

Airport

Ketchikan

Metlakatla

WATER BODIES:

ADJACENT PROPERTY OWNERS:

KETCHIKAN GATEWAY BOROUGH ALASKA STATE DEPT. OF TRANSPORTATION

AND PUBLIC FACILITIES

SOUTHCOAST REGION

APPLICATION BY:

Q:\KTN\SFAPT00327\MF\PLAN SET\SCOPING\001.DWG

Tuesday, July 31, 2012 2:23:49 PM

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KETCHIKAN AIRPORT SEAPLANE BASE REFURBISHMENT

PROJECT NO. SFAPT00327

May 13, 2021

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AT:

LOCATED IN: TOWNSHIP 75 SOUTH,

RANGE 90 EAST CRM, ALASKA

KETCHIKAN, ALASKA

KEY & REGIONAL

MAPS

VICINITY MAPNTS

NO SCALE

EXISTINGSEAPLANEFACILITY

TIDAL DATA

March 21, 2022Borough Assembly Packet

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WATER BODIES:

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AND PUBLIC FACILITIES

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PROJECT LOCATION

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PROJECT LOCATION

March 21, 2022Borough Assembly Packet

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KETCHIKAN
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INTERNATIONAL
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KETCHIKAN INTERNATIONAL AIRPORT

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TO BE REMOVED

   Assembly - Regular 7. g.        Meeting Date: 03/21/2022  Submitted For: Karolyn Ecklund Submitted By: Karolyn

EcklundDepartment: Manager's OfficeApproved for Submittal: Charlanne Thomas, Acting Finance Director

Cynna Gubatayao, Assistant ManagerRuben Duran, Manager

Approved as to form: GlennBrown,BoroughAttorney

InformationTITLECollective Bargaining Agreement with the Alaska Public Employees Association/AFT (2022-2024)

RECOMMENDED ACTION"I move to authorize the Borough Manager to execute a two-year and nine-month Collective BargainingAgreement, in substantially the same form as attached, with the Alaska Public EmployeesAssociation/AFT."

SUMMARY OF ISSUEThe Alaska Public Employees Association/AFT (APEA) represents 48 Borough employees. The currentAPEA collective bargaining agreement expired December 19, 2021. On March 16, 2022, the Boroughreceived notice that APEA members had approved the agreement with a new effective date of March 22,2022, and an expiration date of December 19, 2024. The new contract includes cost-of-living adjustmentsduring the contract period, updated schedule of pay classifications and wage table, adjusted clothingallowance, and provides for the addition of a holiday. Specific negotiated changes to the existingcontract include:

Define an alternative schedule for a greater number of positions where the department is open 7days per week.Increased clothing allowance, method of reimbursement, and initial outfitting.Increased shift differential pay from $.75/hr. to $1.50/hr. (swing shift) and from $1.00/hr. to $2.00/hr.(grave shift)Included a Transit Mechanic shift leader pay and an Airport Law Enforcement Officer premium payincentiveAllow for a cost-of-living adjustment (COLA) of 3% on July 1, 2022, 2% on July 1, 2023, and 2% onJuly 1, 2024.Addition of Martin Luther King, Jr. as a Borough holiday.Provided for reclassification of ARFF and Mechanic positions.Amended language to conform with Janus decision. 

Employees will continue to receive their scheduled step increases and may be eligible for a second step.APEA employees will continue to be covered under the same health insurance plan as non-representedemployees.  Health insurance deductibles will remain $350/$1,050. The maximum out-of-pocket chargesremain $1,500 per individual, $4500 per family, with a monthly $50 premium that can be bought backthrough participation in the wellness program as provided for in Resolution 2750.

March 21, 2022Borough Assembly Packet

Page 111 of 194

 

Fiscal Impact

AttachmentsCBA APEA 2022-2024

March 21, 2022Borough Assembly Packet

Page 112 of 194

2022 - 2024 COLLECTIVE BARGAINING AGREEMENTAPEA/AFT & KETCHIKAN GATEWAY BOROUGH

Page 1 of 55

COLLECTIVEBARGAININGAGREEMENT

Between

THE KETCHIKAN GATEWAY BOROUGHAnd

THE ALASKA PUBLIC EMPLOYEES ASSOCIATION/AFT, AFL-CIO

March 22, 2022, through December 19, 2024

March 21, 2022Borough Assembly Packet

Page 113 of 194

2022 - 2024 COLLECTIVE BARGAINING AGREEMENTAPEA/AFT & KETCHIKAN GATEWAY BOROUGH

Page 2 of 55

TABLE OF CONTENTS

Article 1 Recognition ......................................................................................................... 3Article 2 Management Rights ............................................................................................ 4Article 3 Definitions ............................................................................................................... 6Article 4 Hiring, Probation, and Termination ............................................................... 8Article 5 Work Schedule and Overtime ........................................................................11Article 6 Compensation......................................................................................................15Article 7 Holidays..................................................................................................................18Article 8 Paid Time Off........................................................................................................20Article 9 Seniority .................................................................................................................23Article 10 Leave of Absence................................................................................................24Article 11 Jury Duty ................................................................................................................26Article 12 Training ..................................................................................................................27Article 13 Medical Benefits..................................................................................................28Article 14 Retirement Plan...................................................................................................30Article 15 Labor-Management Committee ...................................................................31Article 16 No Strike - No Lockout.....................................................................................32Article 17 Grievance Procedure .........................................................................................33Article 18 Safety Practices....................................................................................................36Article 19 Travel.......................................................................................................................37Article 20 Employment Practices.......................................................................................38Article 21 Nondiscrimination..............................................................................................42Article 22 Association Security...........................................................................................43Article 23 Uniforms ................................................................................................................45Article 24 General Provisions..............................................................................................47Article 25 Term of Agreement............................................................................................49Appendix A Schedule of Pay Classifications......................................................................51Appendix B Assignment of Wages to Cover Association Dues .................................53Appendix C Grievance Form ...................................................................................................54Appendix D Past President Recognition…………………………………………………………… 55

March 21, 2022Borough Assembly Packet

Page 114 of 194

2022 - 2024 COLLECTIVE BARGAINING AGREEMENTAPEA/AFT & KETCHIKAN GATEWAY BOROUGH

Page 3 of 55

THIS AGREEMENT is made and entered into by and between KETCHIKAN GATEWAY BOROUGH (hereinafter referred to as the “Employer”) and ALASKA PUBLIC EMPLOYEES ASSOCIATION/AFT (hereinafter referred to as the “Association”).

PREAMBLE

The purpose of the Agreement is to set forth the understanding reached between the parties hereto with respect to wages, hours, and other terms and conditions of employment.

ARTICLE 1RECOGNITION

1.1 The Employer recognizes the Association as the sole and exclusive bargaining agent for, and this Agreement shall cover, all full-time and part-time employees in the job classifications set forth in Appendix A to this Agreement, excluding confidential employees, managerial employees, temporary/part-time employees as defined in Section 3.3, department heads, and other supervisors. Whenever the terms “employee” or “employees” are used elsewhere in this Agreement, such terms shall refer to employees within the bargaining unit so defined.

1.2 In addition, absent objections from any other collective bargaining representative, the bargaining unit shall include, and this Agreement shall cover, all full-time and part-time employees in new job classifications created after the effective date of this Agreement, excluding confidential employees, managerial employees, temporary/part-time employees as defined in Section 3.3, guards, department heads and other supervisors, and employees covered by other collective bargaining agreements.

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ARTICLE 2MANAGEMENT RIGHTS

2.1 The Association recognizes the right of the Employer to operate and manage the Borough Government, including but not limited to the right to establish and require standards of performance; to maintain order and efficiency; to direct employees; to determine job assignments and work schedules; to determine the materials and equipment to be used; to implement new and different operational methods and procedures; to determine staffing levels and requirements; to determine the kind, type, and location of facilities; to introduce new or different services, products, methods, or facilities; to extend, limit, contract out, or curtail the whole or any part of the operation; to select, hire, classify, assign, promote, transfer, discipline, demote, or discharge employees for just cause; to lay off and recall employees; to require overtime work of employees; to approve leave schedules; and to promulgate and enforce rules, regulations and personnel policies and procedures; provided that such rights, which are vested solely and exclusively in the Employer, shall not be exercised so as to violate any of the specific provisions of this Agreement. The parties recognize that the above statement of management rights is for illustrative purposes only and should not be construed as restrictive or interpreted so as to exclude management prerogatives not mentioned. All matters not covered by the language of this Agreement may be administered by the Employer on a unilateral basis in accordance with such policies and procedures as it from time to time shall determine. Any claim that the Employer has exercised such rights and power contrary to the provisions of the Agreement may be submitted to the grievance procedure contained herein. This section shall not conflict with the Association security provisions contained herein.

2.2 The Employer shall have the right to subcontract work covered by this Agreement with thirty (30) days' advance notice to the Association. No employees shall be laid off and their work contracted out unless such contracting action would be at less cost to the Employer. Prior to any contracting out the Employer shall provide the Association with any and all information pertinent to that decision. The Association shall then have thirty (30) calendar days to comment on such contracting out and to provide alternatives.

2.3 Maintenance, repair, changes and replacement to Employer-owned facilities may be performed by Borough employees. Borough equipment and employees may be used to assist in contracted work or other work when needed, even though this work is outside of their normal assigned workplace or duties. Any such assignment shall be made in writing, and a copy of the assignment will be placed in the employee's personnel file. No such assignment shall be made unless the employee is trained and qualified to perform the tasks required.

2.4 Each position in the bargaining unit will have a job description setting forth the usual and regular duties and requirements of that position.

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2.5 Employees may request review and revision of their job descriptions once every twenty-four (24) months based on the date of the employee’s last request. The employee may submit in writing recommended changes to the current job descriptions. The employee’s supervisor or department head shall respond to such requests within thirty (30) days after receipt. Any disagreements shall, upon written request of the employee, be reviewed by the Human Resources Manager and the employee.

2.6 Should an employee’s job description be revised to reflect substantially and materially different duties, the Association may request a meeting with the HR Manager to negotiate the range assignment on the pay schedule for the newly assigned job duties.

2.7 Any employee who believes he or she has been assigned to the wrong job classification may submit a grievance to be resolved pursuant to the grievance procedure contained herein. The pay rates assigned to job classifications covered by this Agreement shall not be subject to the grievance procedure during the term of this Agreement.

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ARTICLE 3DEFINITIONS

3.1 Full-Time Employees

Employees regularly scheduled to work forty (40) hours per week.

3.2 Part-Time Employees

Employees who are regularly scheduled to work at least nineteen (19) hours but less than forty (40) hours per week. Such employees shall receive benefits on a pro rata basis according to the number of hours worked, except that medical benefits shall be provided as set forth in Article 13.

3.3 Temporary/Part-Time Employees

Employees who are not regularly scheduled and who work when work is available, or who are regularly scheduled to work less than nineteen (19) hours per week, or who are hired to work a regular schedule during a specific period not to exceed six (6) months when additional work of any nature requires a temporarily augmented force, or who are hired in the event of an emergency, or to relieve employees because of illness, or to work during vacation periods or to work on a specific temporary project of limited duration. A probationary employee is not and shall not be considered to be a temporary/part-time employee. Upon request, the Employer will notify the Association when it has hired temporary/part-time employees and when they are reclassified or change projects. Temporary/part-time employees are not covered by this Agreement.

3.4 Exempt Employees

Employees who are exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act.

3.5 Nonexempt Employees

Employees who are not exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act.

3.6 Probationary Employees

The status that all new employees (including Aircraft Rescue/Firefighters) are in for a period not to exceed the first six (6) months of their employment plus the duration of any time off taken during the first six months, or, if the employee is appointed to the Airport Law EnforcementOfficer classification or the Firefighter/EMT classification, not to exceed the first twelve (12) months of their employment.

3.7 Emergency

For the purposes of this Agreement, an emergency shall include a sudden, unexpected or

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unforeseen circumstance or combination of circumstances or the resulting state or condition that calls for immediate or urgent action.

3.8 Demotion

An involuntary assignment of a regular employee to a classification having a lower pay grade.

3.9 Promotion

The assignment of an employee to a classification in a higher pay grade.

3.10 TransferThe assignment of an employee to a different classification at the same or lower pay grade.

3.11 Classification or Job ClassificationEach position within the APEA bargaining unit that is listed in Appendix A (Schedule of Pay Classifications).

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ARTICLE 4HIRING, PROBATION AND TERMINATION

4.1 VacanciesWhen there is a vacancy to be filled within the Borough, the Employer shall post a conspicuous notice of that vacancy and the accompanying job description electronically and on all bulletin boards designated through the Labor Management Committee. The vacancy may be advertised to the public concurrently, however, the vacancy will be posted for a period of not less than seven calendar days. When a qualified regular employee applies for any Borough position, they shall be afforded the opportunity to be interviewed for the opening. However, the Employer reserves the right to fill any and all vacancies with the most qualified candidate. If a qualified regular employee is not selected for the vacancy, they shall, upon request, be provided an explanation for their non-selection from Human Resources or their designee.

4.2 Probationary Period

4.2.1 Except as provided in Sections 4.2.2 and 4.2.3, all new employees covered by this Agreement shall be considered employed on a probationary basis and classified as such for a period not to exceed the first six (6) months of their employment. If retained after six (6) months in the same position, such employees shall thereafter be considered regular employees, be classified as such and be entitled to all rights and privileges contained in this Agreement.

4.2.2 Employees assigned to the Law Enforcement Officer or Firefighter/EMT classification shall be considered employed on a probationary basis and classified as such for a period not to exceed the first twelve (12) months of their employment. If retained after twelve (12) months in the same position, such employees shall thereafter be considered regular employees, be classified as such and be entitled to all rights and privileges contained in this Agreement.

4.2.3 If a temporary/part-time employee is appointed to a bargaining unit position of the same classification as the employee's temporary/part-time employment, a maximum of sixty (60) workdays (computed on the normal workday for the position to be filled) of the time actually worked within that classification as a temporary/part-time employee within the nine (9) calendar months immediately prior to that appointment may be counted toward the employee's probationary period.

4.2.4 Any employee who is promoted shall be given a reasonable period, not to exceed sixty-five (65) workdays, to become acquainted with the job and to demonstrate ability to fill the job satisfactorily. If, during this trial period, the employee demonstrates

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unsatisfactory ability for the job or at the employee’s request, the employee shall be returned to the employee’s former job without loss of seniority. If an employee accepts a position vacated by an employee who has been promoted, the appointment shall be conditioned upon the successful completion of the promoted employee’s trial period.

4.3 Discipline and Discharge

4.3.1 With the exception of insubordination, dishonesty, drunkenness, physical misconduct, abusive or lewd behavior, or abandonment of duties, all regular employees shall be given two (2) weeks' notice, or two (2) weeks' pay prior to discharge. The employee shall be notified in writing of the reason(s) for discharge prior to termination.

4.3.2 No regular employee shall be disciplined or discharged without just cause. The existence of cause for discipline or discharge, if disputed, shall be subject to the grievance procedure contained herein. Probationary employees may be disciplined or discharged at any time without cause and without access to the grievance procedure contained herein.

4.4 Layoff

4.4.1 If any regular nonexempt employee covered by this Agreement is laid off, the Employer shall give the affected employee notice in writing two (2) weeks in advance, orin lieu of such notice, two (2) weeks' pay at the employee's regular rate of pay at the time of such layoff. No such layoff will occur while the Employer has temporary employees performing work for which the prospective laid off employee is qualified. Any temporary hires made must first be offered to qualified employees in layoff status in order of seniority. Acceptance of temporary Borough employment will in no way affect an employee's layoff rights.

4.4.2 For a period of one (1) year following layoff, except as provided below, a laid off employee will be afforded the opportunity to apply for any job classification for which he/she is qualified and will, if qualifications are at least equal, be given preferential hire to the vacancy. If a position becomes vacant which is the same or substantially the same as the one from which the individual was laid off, he/she will be offered the position before any recruitment. If more than one (1) employee is in layoff status, the seniority provisions of Article 9 will be observed. A laid off employee who is re-employed in the same job description will not be required to serve a new probationary period. All layoffs return rights under this agreement expire one year after the effective date of the layoff.

4.4.2.1 Employees may lose their layoff rights under the following circumstances at the time of or during the layoff period:

a. If the Employer determines the Employee is not eligible for rehire due to misconduct, or

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b. Accepts another job with the Borough

4.4.3 If any regular exempt employee covered by this Agreement is laid off, the Employer shall give the affected employee notice in writing thirty (30) days in advance. Nonexempt employees shall provide at least two (2) weeks written notice of intent to resign unless waived by the Employer. Exempt employees shall provide at least thirty (30) days prior written notice of intent to resign unless waived by the Employer. At the Employer's option, any employee leaving Borough service for any reason may be paid in lieu of any notice period.

4.4.4 An employee who is laid off or discharged by the Employer shall receive all accrued earnings including accrued but unused PTO, in accordance with Article 8, less any monies owed the Employer at the time the layoff or termination occurs. An employee who resigns shall receive all accrued earnings including accrued but unused PTO less any monies owed the Employer at the time of termination, provided the employee has given a minimum notice of two (2) weeks. Employees resigning without giving at least two (2) weeks written notice shall forfeit eight (8) hours of accrued PTO pay for every day short of two (2) weeks’ notice, up to a maximum of eighty (80) hours of forfeited PTO.

4.4.5 Any layoffs shall be made in the inverse order of the seniority of the employees within the job classification, provided skill and ability are not considered overriding factors as determined by the Employer. When vacancies occur in APEA-represented job classifications in which employees are on layoff, the employees shall be recalled in order of their seniority provided that employee is eligible for rehire, is qualified to fill that position and was previously employed in the bargaining unit of the vacant position.

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ARTICLE 5WORK SCHEDULE AND OVERTIME

5.1 Workweek and Workday

5.1.1 The normal workweek shall consist of five (5) consecutive workdays of forty (40) hours within a seven (7) day period, with two (2) consecutive days off. However, it is agreed that Law Enforcement Officers, Airport Custodians, Parking Attendants, Maintenance Laborers, Ferry Toll Collectors, and ARFF personnel (to include Airport Technician, Airport Technician Foreman, and Equipment Mechanic II), may, at the option of the employer, be subject to an alternative schedule of ten (10) consecutive workdays, with five (5) consecutive days off. Overtime for such shifts shall only be paid after eighty (80) hours worked in a regular two (2) work week period, or for over 8 hours worked in one shift. Other alternative schedules, such as four (4) ten (10) hour days, may, at the option of the employer, be adopted and overtime for such shifts shall only be paid after forty (40) hours worked per week.

5.1.1.1 The normal workday for non-airport employees shall consist of eight (8) hours plus an unpaid meal period of at least one-half (1/2) hour. The normal workday for employees at the airport and transit bus drivers shall consist of eight (8) hours, which shall include a paid, unscheduled meal period.

5.1.2 The Employer shall provide employees scheduled to work six (6) or more hours per day with two (2) ten (10) minute paid rest breaks per day, one to occur during the first half of the work day and the other to occur during the second half, unless the employee’s work is of such an intermittent nature that comparable rest breaks occur during the course of that employee’s normal work day.

5.1.3 Where mutually agreeable to the Employer and the employee concerned, a normal workday or shift may consist of more than eight (8) hours.

5.1.4 It is understood and agreed that temporary deviations, from the normal work schedule will occur from time to time, resulting from several causes, such as, but not limited to, vacations, leaves of absence, jury duty, weekend and holiday duty, absenteeism, employee requests, temporary shortages of personnel and emergencies. Such deviations shall not be considered a violation of this Agreement. Temporary deviations shall not exceed two (2) work weeks.

5.1.5 The regular workday for all employees covered by this Agreement shall begin when they are scheduled to report to work at their principal work location and shall end when

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they are released from that location. Employees shall be responsible for their personal transportation costs in reporting to their principal work locations. Employees assigned to the airport will receive free non-vehicular transportation to and from the airport on the ferry and their workday will start at the scheduled beginning of their specifically assigned duties.

5.1.6 An employee may exchange a scheduled day off for another day if the employee’s supervisor and any other affected employee agree.

5.1.7 Except in emergencies, situations covered by Section 5.1.4, or when unforeseen events occur which are outside the Employer’s control, changes to the work schedule will be provided in writing no less than two (2) work weeks prior to the scheduled change. Failure to provide written notice will result in overtime pay at the appropriate rate for all hours worked that are different from the employee’s previous schedule until the two-week notice period has passed.

5.2 Overtime

5.2.1 Subject to alternate schedules as provided in Section 5.1, all time worked by nonexempt employees in excess of forty (40) hours during any one (1) work week and eight (8) hours in any single day shall be considered overtime.

5.2.2 All overtime must be authorized in advance by the Employer and shall be computed at the rate of one and one-half (1½) times the employee’s straight-time hourly rate of pay except as otherwise provided for in Article 5.3.

5.2.3 If an eligible employee has agreed to a workweek in excess of forty (40) hours or eight (8) hours a day, all time worked in excess of that employee’s agreed workweek or workday shall be considered overtime and paid at the overtime rate in accordance with the Fair Labor Standards Act.

5.2.4 On scheduled overtime, scheduled meal periods without pay shall be provided to nonexempt employees every four (4) hours. On nonscheduled overtime, a meal allowance of $12 will be paid to nonexempt employees, if the overtime exceeds two (2) hours and each continuous four (4) hour period thereafter. Scheduled overtime shall be defined as that overtime for which the employee receives notice at least twelve (12) hours prior to the employee’s regular shift.

5.2.5 Where overtime exceeds six (6) continuous hours, a four (4)-hour rest period must be allowed prior to returning to the regular straight-time schedule. Nonexempt

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employees will be paid at the straight-time rate for any scheduled normal work hours falling within the four (4) hour rest period.

5.2.6 The Employer will endeavor to assign overtime equitably based on the Borough’s operational needs and the employee’s availability and willingness to work overtime. Upon written request by the Union to the Department Head, the Borough shall provide the total overtime hours worked per employee calendar year to date no more often than every other month.

5.3 Shifts and Shift Differentials

5.3.1 Employees shall be entitled to shift differential for actual hours worked during non-standard shifts as determined in writing by the employee’s department head, in accordance with current departmental schedules.

Swing Shift $1.50 per hourGrave Shift $2.00 per hour

5.3.2 Any overtime worked by an employee who is scheduled to work either the swing or grave shift shall be paid at the following computed rate: straight-time hourly rate of pay plus shift differential times one and one-half (1.5).

5.3.3 In the case of temporary deviations from an employee’s assigned shift an employee will continue to receive shift differential per their normal schedule or at the differential of the shift to which they are assigned, whichever is higher.

5.4 Double Time for Hours Worked in Excess of Twelve

Employees required to work in excess of twelve (12) consecutive hours will be compensated at twice their normal rate of pay for all hours worked in excess of twelve (12).

5.5 Seventh Consecutive Day of Work Employees will be compensated at one and one-half (1.5) times their normal rate of pay for all hours worked on the seventh consecutive day of work, except those classifications who are scheduled to regularly work ten (10) consecutive days with five (5) consecutive days off.

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5.6 Standby 5.6.1 When employees are required to be available for immediate recall, they shall be considered on standby. When employees are specifically assigned standby responsibilities, they will be paid two (2) hours at straight time on their normally scheduled workdays and three (3) hours at straight time on their regular or normally scheduled days off.

5.6.2 Nonexempt employees scheduled or called in to work on their days off, or on holidays will receive a minimum of four (4) hours' work or pay in lieu thereof.

5.7 Recall

5.7.1 All full-time nonexempt employees recalled to work after completion of their normal workday shall receive a minimum of two (2) hours' pay at the one and one-half (1-½) time rate. When work continues without interference after normal quitting time, the minimum call out will not apply.

5.7.2 When an employee is contacted for immediate recall, recall pay shall begin at the time of notification. When an employee is contacted for recall to return to work at a later time during the day, recall pay shall begin when the employee returns to the work site.

5.8 Early Start Any full-time nonexempt employee called to work before his or her regular starting time shall be paid at the overtime rate until the start of his or her regular shift.

5.9 No Pyramiding There shall be no pyramiding or duplication of premium pay and/or overtime pay.

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ARTICLE 6COMPENSATION

6.1 Employees covered by this Agreement shall be paid in accordance with the guidelines contained herein and the applicable pay rates in Appendix A.

6.1.1 Until adjusted in accordance with this contract, the hourly wage table corresponding to the Grades in Appendix A shall be the same hourly wage table used for non-represented employees as expressed by Exhibit B to Resolution 2907. COLA adjustments which are provided for in this Agreement are not a material change. If the wage table is materially changed, the Borough shall notify the Union in writing or through electronic email correspondence and the Union may request to re-open negotiations on Article 6. Such request shall be in writing and within 90 days after the date the Assembly adopts the amendment to the wage table. If notice to reopen is given, negotiations shall commence within 30 days following the date of notice. For purposes of this section, amendments to the positions or placement of positions listed as non-represented positions on Exhibit A of Resolution 2907 or subsequent resolutions of the same type, do not constitute a material change.

6.1.2 Employees covered by this Agreement shall receive cost-of-living adjustment (COLA) increases as follows: 3% effective July 1, 2022, 2% effective July 1, 2023, and 2% effective July 1, 2024.

6.1.2.1 In the event the Borough Assembly adopts a cost-of-living increase (COLA) for the non-represented employees for 2022, 2023, and/or 2024, the employees covered by this Agreement shall receive a COLA in an amount of the greater of the COLA adopted for the non-represented employees for that year and the amount provided for in subsection 6.1.2.

6.1.3 Employees shall move one step at their anniversary and shall be eligible for a second step under the same rules and guidelines offered to non-represented employees.

6.1.4 Evaluations of personnel who have reached regular status under 4.2.2 shall be completed by the employee’s anniversary date. Should an evaluation not be completed within 45 days following the employee’s anniversary date, the employee shall receive an automatic step increase effective on their anniversary date.

6.1.5 Employees at or above the top Step for their Grade shall receive a lump sum payment on each anniversary. The payment shall be calculated as the employee’s regular base hourly rate of pay X 2080 x 1.5 percent, less any applicable taxes.

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6.2 No employee shall suffer a reduction in wages as a result of signing this Agreement.

6.3 If a new employee is hired into a position covered by this Agreement at an advanced step placement within the same job title as an existing employee who has been employed in that same job title for three (3) years or more, and the pay rate for the existing employee whose rate of pay is equal to or less than the new employee’s rate of pay shall be increased so that the existing employee’s pay rate is one (1) step above the starting pay for the new employee. Any existing employee eligible for an increase in the rate of pay under this provision between February 28, 2022, and March 22, 2022, shall receive the increase in pay provided in this provision.

6.4 Employees temporarily assigned by the Employer in writing to a higher paid position and required to perform all of the normal duties of that position for one (1) or more days shall be paid an additional eight percent (8%) over their regular rate of pay; provided, however, that this provision shall not apply to assignments made for purposes of training (including on-the-job training). Such assignment of duties shall be initiated through a personnel action form completed prior to the assignment, a copy of which shall be placed in the employee's personnel file.

6.5 The Employer will pay employees semi-monthly by the 5th and the 20th day of each month. If payday falls on a holiday or weekend, the preceding business day shall be the payday.

6.6 Probationary employees shall receive a one-step increase upon successful completion of their probation. Newly hired Law Enforcement Officers shall receive a one-step increase after six (6) months of consecutive service.

6.7 An employee who is promoted to or classified into a higher paid position shall be placed on Step A on the schedule at the rate for that position, or at a Step for the new position which is equal to or greater than the employee’s previous pay rate plus 3.0%, whichever is greater.

6.8 Shift Leader Bus Driver Premium

6.8.1 Shift Leader Bus Driver Premium. A Bus Driver I may be designated to act as Shift Leader on the work schedule by the Transit Manager, or designee. The Transit Directorshall issue a memorandum outlining the duties and responsibilities of Bus Driver Shift Leader. An employee designated as Shift Leader shall be paid one dollar ($1.00) per hour in addition to the employee’s applicable rate of pay for all hours actually performing Shift Leader work.

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6.8.2 Shift Leader Transit Mechanic Premium. A Transit Mechanic may be designated to act as Shift Leader on the work schedule by the Transit Manager, or designee. The Transit Director shall issue a memorandum outlining the duties and responsibilities of Transit Mechanic Shift Leader. An employee designated as Shift Leader shall be paid one dollar ($1.00) per hour in addition to the employee’s applicable rate of pay for all hours actually performing Shift Leader work.

6.9 Airport Law Enforcement Officer PremiumUpon acquiring police officer intermediate certificate in accordance with 13 AAC 85.040(c) an Airport Law Enforcement Officer will be eligible for a one-time, 4% increase in pay. Pay is calculated from the employees’ current grade and step (base pay) and added thereto.

6.10 Transit Driver Incentive ProgramThe Ketchikan Gateway Borough may offer a seasonal driver incentive program for full-time bus drivers, and lead and shift lead drivers covered by this Agreement who meet attendance standards established by the Borough.

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ARTICLE 7HOLIDAYS

7.1 The following holidays shall be recognized under this Agreement:

New Year's Day January 1Martin Luther King, Jr. Day Third Monday in JanuaryPresident's Day Third Monday in FebruaryMemorial Day Last Monday in MayIndependence Day July 4Labor Day First Monday in SeptemberAlaska Day October 18Veteran's Day November 11Thanksgiving Day Fourth Thursday in NovemberChristmas Day December 25

7.1.1 In addition to the holidays listed immediately above, the Employer will recognize as paid Borough holidays any day designated by Borough ordinance.

7.1.2 In departments open five (5) days a week (Monday through Friday), when any of the above holidays fall on a Sunday, the following Monday shall be observed as the holiday, or when it falls on a Saturday, the preceding Friday shall be observed. Borough employees who work in departments open seven (7) days per week including but not limited to Animal Protection, Airport, and Transit, shall observe holidays upon the day of the week on which they fall.

7.2 In addition to the holidays granted above:

7.2.1 All full-time employees who have worked at the Borough for six (6) months shall receive one (1) floating holiday to be taken at a time approved by the employee's department head in writing. If that floating holiday is not taken during the employee's first year of employment it shall be converted to PTO.

7.2.2 All regular full-time employees who have completed twelve (12) months of employment shall receive two (2) floating holidays per anniversary year of employment to be taken at a time approved by the employee's department head in writing. Any floating holidays not actually taken by the employee within twelve (12) months of receipt shall be converted to PTO.

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7.3 If a holiday falls during an employee's scheduled workweek, the employee shall receive time off without loss of pay.

7.4 Work performed on holidays shall be paid for at the rate of time and one-half (1½) in addition to the regular day's pay.

7.5 When a holiday falls on a regular workday during an employee’s PTO, that holiday shall not be counted against accrued PTO.

7.6 Except for absence for PTO, or with prior approval, an employee must have worked the last regularly scheduled day prior to the holiday and the first regularly scheduled day following the holiday to be eligible for holiday pay.

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ARTICLE 8PAID TIME OFF

8.1 Paid time off (PTO) benefits are hours credited per pay period to employees based on years of service to be used to continue pay when away from work for vacation, sickness, immediate family illness, and/or doctor and dentist appointments.

8.2 Subject to the provisions and limitations of this Agreement, regular full-time employees shall accrue from the date of hire as probationary employees PTO benefits according to the following schedule:

Years of Continuous Service Annual Leave Accrued Per Year

1st and 2nd Year 22 days (176 hours) per year 3rd, 4th and 5th Years 28 days (224 hours) per year 6th through 10th Years 31 days (248 hours) per year 11th through 15th Years 34 days (272 hours) per year 16th year and over 36 days (288 hours) per year

8.3 During the first six (6) months of employment, PTO is available only for illness of the employee or the employee’s immediate family members. In the event more than forty (40) hours of PTO is used during the probationary period, the probationary period shall be extended by an equivalent amount of time.

8.4 PTO shall be the amount which the employee would have earned had the employee worked during the time off at the employee’s current regular rate of pay.

8.5 Except for illness or an emergency, a PTO request must be submitted in advance in writing and approved by the employee’s supervisor or Department Director. Written requests for PTO will be approved or denied within fourteen (14) calendar days of official receipt. If denied, the Employer will provide a written explanation. PTO will, so far as possible, consistent with operational requirements of the Employer, be granted at times most desired by the employee.

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8.6 PTO for Illness/Disability. PTO shall be payable on the first day of a bona fide illness or disability of the employee or of the employee’s immediate family. The employee shall be required to notify the Employer as soon as possible prior to the beginning of the employee’s shift. Failure to do so may result in the loss of pay for that day and disciplinary action. The Employer will give consideration to extenuating circumstances that would make such notice requirement impossible.

8.7 Proof of Illness/Disability. The Employer reserves the right to require reasonable proof (such as a doctor’s certificate) of illness or disability if more than two (2) days are used, or when fraud is suspected. Abuse of PTO shall be grounds for discipline except that blatant abuse may subject an employee to discharge.

8.8 Medical Appointments. An employee shall be allowed to use PTO for medical or dental appointments. The employee must notify his or her supervisor as far in advance as possible, but in any event not less than three (3) working days, except in an urgent situation.

8.9 An employee may not accumulate more than seven hundred twenty (720) hours of accrued PTO credits as of the end of any calendar year without written approval of the Borough Manager, or designee. Employees who have accrued more than seven hundred twenty (720) hours shall be paid for unused PTO at the rate of 100% of the value of the PTO in excess of the seven hundred twenty (720) hours.

8.10 Employees may elect to have the payment of excess PTO, subject to the same guidelines listed above, rolled over into the employee’s deferred compensation plan account. The employee is responsible for all tax consequences of such a roll over. The Borough reserves the right to stop this practice if it determines that such a practice results in an increase in Borough liability or has other identified negative consequences to the Borough.

8.11 After the completion of an employee’s probationary period, an employee shall be paidupon termination for 100% of the value for all PTO accrued but not used.

8.12 An employee who is entitled to receive compensation benefits under the Alaska Workers’ Compensation Act or other similar legislation shall continue to earn PTO benefits pro-rata based on the actual number of hours worked, and the Borough shall continue to pay its portion of such employee’s group medical and life insurance premiums, during the period the employee is unable to return to work, until his or her accrued PTO benefits are exhausted. If, at the exhaustion of such benefits, the employee is still unable to return to work, the employee shall cease to earn the PTO benefits, and the Borough will not continue to pay its portion of the employee’s group

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medical and life insurance premiums, provided; however, that the employee, at his or her sole option, may elect to continue such insurance coverage at the employee’s cost as provided under the terms of such insurance policies and any applicable state or federal laws. An employee who is injured on the job and eligible for said benefits shall suffer no loss of pay for the day of injury, and at the employee’s option shall be entitled to use PTO benefits for the difference between the worker’s compensation benefit and the employee’s regular pay.

8.13 State Family and Medical Leave. All covered employees are eligible for State Family & Medical Leave in accordance with the rights, requirements, regulations, limitations and conditions set forth in state law.

8.14 Federal Family and Medical Leave. All covered employees are eligible for Federal Family & Medical Leave in accordance with the rights, requirements, regulations, limitations and conditions set forth in the federal law.

8.15 If a particular period of leave qualifies under both state and federal family and medical leave laws and/or other provisions of this Agreement, the leaves shall run concurrently. Generally, employees must give at least thirty (30) days advance notice to the Employer of the request for family medical leave when the leave is foreseeable.

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ARTICLE 9SENIORITY

9.1 Seniority as used herein shall mean the length of continuous employment with 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 and have been transferred to regular status, seniority shall be dated from the date of hire.

9.2 The seniority of an employee shall terminate if that employee:

9.2.1 Is laid off for a period of more than twelve (12) consecutive months.9.2.2 Voluntarily terminates their employment with the Employer.9.2.3 Is discharged for just cause.9.2.4 Is temporarily laid off and fails to return to work within ten (10) 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 and fails to notify the Employer within forty-eight (48) hours after having received such notification of an intention to return to work.

9.3 In the selection and assignment of shifts and days off, seniority shall prevail so long as the employee is qualified, and it is in the best interest of service. With respect to the scheduling of vacation PTO, the Employer shall determine an annual deadline for submitting one leave request per employee per year for which seniority shall prevail with respect to competing requests during the Employer’s approval process. Vacation PTO requests thereafter shall be considered on a first come, first serve basis. In approving such requests, the Employer shall consider seniority in addition to operational needs and customer service requirements.

9.4 For purposes of this Agreement, date of hire shall mean the most recent date an employee became employed in a position covered by this Agreement. An employee who has worked for the Employer for three (3) years or more and who has terminated because of injury or illness shall, if rehired within three (3) years after such termination, be credited with his or her prior service for seniority purposes after three (3) more years of service.

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ARTICLE 10LEAVE OF ABSENCE

10.1 All leaves of absence without pay are to be requested from the Employer in writing as far in advance as possible, stating the reason for the leave and the amount of time requested. A written reply granting or denying the request shall be given by the Employer within fifteen (15) days except in the case of an emergency.

10.2 Leaves of absence without pay may be granted for periods of up to one hundred eighty (180) calendar days without loss of accrued benefits. In special cases, leaves of absence may be extended by mutual agreement.

10.3 Up to five (5) days of funeral leave [up to ten (10) days if the funeral is outside of Southeastern Alaska] may be allowed for a death in a regular employee's immediate family, to be charged to accumulated paid time off balance. Immediate family is defined as employee's spouse, parent, child, brother, sister, grandparent, stepparent, parent-in-law, stepchild, and grandchild. If the death occurs to an employee’s parent, child, sibling, or spouse, the first five (5) days of such leave shall be paid by the Employer without effect on the employee’s PTO.

10.4 Employees may use accrued paid time off or be granted leave without pay for actual periods of temporary disability of such employees caused or contributed to by pregnancy, miscarriage, abortion, or childbirth, and recovery therefrom. The stage at which leave should be allowed for such reasons and the period for recovery, shall be determined based upon the recommendations of the employee's physician.

10.5 Association Business Leave

There is hereby established an APEA/AFT Business Leave Bank, which may be used to conduct the affairs of the Association and/or administer this Agreement. The bank shall be funded by the annual assessment of four (4) hours of accrued PTO time from each member each year in January. In addition, members may voluntarily donate any additional hours of PTO that they may have earned and accrued. Voluntary donations must be made in increments of not less than four (4) hours of donated PTO. The Local President shall authorize the use of the bank; however, the Employer shall approve the absence from work on the same basis as PTO for vacation, except that such approval shall not be unreasonably denied. Donations and usages of Association Business Leave shall be accounted for on a dollar-for-dollar basis without consideration of benefits effective January 1, 2012. The Employer shall provide the Local President with a current accounting of the Association Business Leave balance each February and upon request by the President. The Borough is not obligated to approve Association Business Leave requests when the leave bank is at or below zero.

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10.6 Military Leave.Leave necessary for an employee to attend required paid military drills/training for the National Guard or a military reserve of the United States, or if called to honor an active-duty commitment to the National Guard or military reserve of the United States, shall be granted without loss of benefits accrued to the date such leave commences. Regular full-time employees on such leave shall be entitled to benefits in compliance with United States Uniformed Services Act.

10.6.1 Special Military Leave Benefit. Regular full-time employees on Military Leave under Article 10.6 shall be compensated by the Employer for the difference between their military pay and their regular pay up to a maximum of two (2) weeks. A copy of the order issued by an appropriate military authority for military training shall accompany requests for special military leave. Upon return to duty the employee shall furnish the Employer evidence of the amount of military pay received during the period of special military leave.

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ARTICLE 11JURY DUTY

11.1 Employees who are called to serve on jury duty, or who are subpoenaed to testify in court on a matter related to their employment or volunteer activities on behalf of the Borough, shall turn over to the Employer all jury or witness pay received for time absent from work and in turn shall be paid their normal straight-time pay that would otherwise be payable to the employee for work that the employee would have performed but for the jury or witness service. If the employee is temporarily or permanently excused from jury or witness duty, the employee shall promptly return to work. An employee who serves on a jury or testifies in court under the provisions of this section shall be considered assigned to work between the hours of 8:00 a.m. and 5:00 p.m. on the days affected. All hours of jury duty or witness service which occur during an employee's normally scheduled workday shall be considered time worked.

11.2 Employees who are subpoenaed to court in matters not related to their employment or volunteer activities on behalf of the Borough may take the time required as paid time off or leave without pay at the employee's option.

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ARTICLE 12TRAINING

12.1 The Parties agree that education and training may enhance an employee’s job performance and prepare the employee for career advancement within the Borough. To that end the Parties encourage employees to take advantage of the Employee Education Assistance Program (EEAP).

Prior to April 1 of each year, employees desiring Borough-funded job-related training during the next fiscal year shall submit to their department head a written proposal outlining and describing the specific training program desired, explaining its relevance to the employee's job, and estimating its cost, including any related travel expenses and personnel replacement costs. The department head may include any such requests in the department’s proposed budget. Employees may receive additional training opportunities which become available, subject to budget limitations. Upon mutual agreement of the employee and the Employer, an employee may be required to repay the expenses of a training program if they separate from Borough service within twelve (12) months of the completion of the training program.

12.2 Annual CPR training will be available to all employees and required for classifications designated by the Employer.

12.3 Training required by the Employer will be provided at the Employer’s expense.

12.3.1 The Borough will pay the Alaska Department of Motor Vehicles fees required to obtain and renew a commercial driver’s license (“CDL”) when a CDL is a requirement of an employee’s job description. The payment of fees is limited to the CDL fee only and does not cover any fines or penalties the employee may be required to pay before the CDL can be issued.

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ARTICLE 13MEDICAL BENEFITS

13.1 All eligible employees covered by this Agreement will receive a life, medical, dental, vision, audio and hospitalization insurance plan. The employee premium shall be $50 per month, with $25 to be deducted from each paycheck beginning January 1, 2019. The premium covers the employee, spouse, and dependents. The Borough shall offer a program to reduce the employee premium cost to $0 through employee participation in a wellness or similar program.

13.2 The Employer reserves the right to determine and change the insurance plan, plan design(coverage and exclusions), plan benefits – subject to the limits in section 13.2.1 or carrier. The Employer shall notify the Union of any such change with notification to the APEA Business Manager and local President.

13.2.1 All employees covered by this Agreement will be covered by the same plan and carrier as provided to the non-represented employees of the Borough, with benefit limits no less beneficial than the following:

Deductible $350 individual/$1,050 familyCoinsurance 80% plan / 20% individual of Aetna PPO-allowed

amount (or UCR)* after deductible is satisfied Office Visit (PCP/Spec) 1st 6 - $25/$25 copaysOut of Pocket Maximum $1,500/individual

Out of Network benefits may incur higher deductibles and out of pocket maximums.

13.2.2 If the Borough establishes a Borough-wide committee to identify cost containment measures, the Union agrees to participate in such a committee.

13.3 The Employer shall, upon request, reimburse regular full-time employees for the cost of not more than one (1) complete physical examination per year, provided that the claim must first be processed through the insurance carrier. The Employer will reimburse no more than $75 of the amount not paid by the carrier. Borough Transit Bus Drivers are encouraged to voluntarily undergo a complete physical examination on an annual basis for which the Borough will reimburse all costs not covered by insurance, and which may occur during work hours not to exceed two hours.

13.4 The Employer shall annually provide education during regular business hours on health insurance and related benefits. Such education may include but is not limited to benefits and programs such as TeleDoc and BridgeHealth; general insurance terms and their meaning such

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as in-network and out-of-network, and usual and customary or UCR; as well as strategies that may help an employee manage or reduce medical costs.

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ARTICLE 14RETIREMENT PLAN

It is agreed that eligible employees in positions currently covered under said plan shall remain under the State Police and Firefighters Pension Plan, and all other employees shall continue their present coverage under the Alaska Public Employees Retirement System.

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ARTICLE 15LABOR-MANAGEMENT COMMITTEE

A Labor-Management Committee (LMC) will be maintained and meet at least quarterly or upon request by either party to the other. The LMC consisting of up to four (4) representatives from Borough management and up to four (4) representatives from the Union, shall meet to discuss issues arising out of this Agreement, or other such topic as the parties may agree to discuss. Meetings shall occur at mutually agreed to locations and times during normal working hours. All LMC members in attendance shall be paid at their normal rate of pay.

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ARTICLE 16NO STRIKE - NO LOCKOUT

This Agreement is a guarantee by both parties that there will be neither strikes nor lockouts during the life of the Agreement. The Association and employees further agree that they will not sanction, aid or abet, encourage or continue any work stoppages, strike, sympathy strike, picketing, sickouts, slowdowns, hand billing or other disruptive activity during the life of the Agreement, and shall undertake all reasonable means to prevent or terminate any such activity.

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ARTICLE 17GRIEVANCE PROCEDURE

17.1 A grievance is defined as an alleged breach of this Agreement raised during its term. Time limits set forth in the following steps may only be extended by mutual written consent of the parties hereto. After a timely written grievance has been submitted, the employee's Department Head may give written consent to extension of the time limits set forth below in Section 17.3 (Step II - Department Head). Any other extensions of time for grievance procedures must be agreed to in writing by the Borough Manager and the Association. Written notices and documents submitted pursuant to or required by this Article shall be sent by certified mail and a grievance response or filing shall be considered timely if postmarked by the due date, except that grievance filings or responses may be hand delivered to the appropriate party. Timelines for responding to or advancing a grievance shall begin upon the date the previous response or filing was received. Written notices and documents submitted pursuant to this Article shall not be sent via fax or facsimile machine unless mutually agreed by the parties.

17.2 Step I – Immediate Supervisor.

The parties agree that grievances should be resolved, if possible, quickly, informally and at the lowest level of supervision. Any employee with a grievance shall first discuss it with an Association or Employee Representative. If the Association or Employee Representative believes the grievance has merit, the employee, with or without the Employee Representative, shall discuss it with the employee’s immediate supervisor and attempt to resolve it informally. If it cannot be resolved informally, the following procedure shall be followed.

17.3 Step II - Department Head.

The Association or Employee Representative shall set forth the grievance in writing on, and in accordance with, a form identical to that attached hereto as Appendix C and submit such written grievance to the employee’s Department Head for receipt within fourteen (14) calendar days after the employee knew or should have known that he or she had a grievance, whichever is earlier. A seven (7) calendar day limit shall apply to grievances relating to discipline or discharge. The written grievance, on the form required, shall contain a description of the alleged problem, the section of the Agreement involved, the date it occurred, and the corrective action desired. After receipt of the written grievance, the Department Head will schedule a meeting between the Department Head, Association or Employee Representative, and the employee at a mutually agreeable time within ten (10) calendar days after the grievance is received, and the Department Head shall respond in writing within ten (10) calendar days of the meeting.

17.4 Step III – Borough Manager.

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If not satisfied with the reply, the Association may within ten (10) calendar days of receipt of the reply present the written grievance to the Borough Manager or designee who shall schedule a meeting with the Association or Employee Representative at a mutually agreeable time and place within ten (10) calendar days after presentation for the purpose of resolving the grievance. The Borough Manager or designee shall respond in writing to the grievance within ten (10) calendar days after the Step III meeting.

17.5 Step IV – Arbitration.

If not settled, the Association may submit in writing the grievance to final and binding arbitration within fifteen (15) calendar days following receipt of the Step III response. Within seven (7) calendar days of the written notification that the dispute is submitted for arbitration, the Employer and the Association shall attempt to agree on an arbitrator. If the parties are unable to agree on an arbitrator, the Association shall within seven (7) calendar days after failure to agree and no later than fourteen (14) calendar days following the Employer’s receipt of the notice of appeal to arbitration, request the Federal Mediation & Conciliation Service to supply a list of thirteen (13) qualified arbitrators and the parties shall alternatingly strike names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. The arbitrator shall be notified immediately of his or her selection by letters from the Employer and the Association requesting that a time and place for a hearing be set as soon as possible. The arbitrator’s award shall be final and binding, subject to the limits of authority stated below.

17.6 Arbitrator’s Authority

The arbitrator’s function is to interpret the Agreement. The arbitrator shall consider only the particular issues presented in writing by the Employer and/or the Association. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall not decide on the merit or wisdom of any action or failure to act, but only on the contractual obligation inherent in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action or inaction or to substitute his or her own judgment for that of the Employer. Unless a specific provision of this Agreement expressly grants the Association or employees a right, privilege, or benefit claimed by it or them, the arbitrator shall not award any such right, privilege, or benefit to the Association or employees.

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17.7 Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. If either party intends to raise arbitrability issues, the other party shall be notified in writing of the issues not later than fifteen (15) calendar days before the hearing so both sides are prepared to address the issues. The losing party as determined by the arbitrator shall bear the fee of the arbitrator; if there is no losing party, the fee will be equally shared by the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party, except those witnesses who are employees of the Employer shall be paid by the Employer for normal working time spent testifying at the hearing.

17.8 If an employee or the Association fails to process a grievance at any step within the time limits set forth above and the procedure is not waived by mutual written agreement, that grievance shall be deemed waived and such failure shall constitute a bar to any future actions thereon. If the Employer fails to answer a grievance at any step within the time limits set forth above and the procedure is not waived by mutual written agreement, the grievance shall be granted on a non-precedent setting basis.

17.9 Employee Representatives shall be granted paid time off to investigate and prosecute grievances. Such time off shall be limited to a maximum of four (4) hours per any one (1) month and may only be denied in the event of an emergency.

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ARTICLE 18SAFETY PRACTICES

18.1 The Employer shall furnish such safety devices and first aid kits as are required for the safety and emergency medical treatment of employees. All rubber equipment required for the protection of employees working on or in the close proximity of live electrical equipment is to be furnished by the Employer and shall be used by the employees at all appropriate times. Present practices of furnishing equipment, tools, facilities or clothing will be continued during the life of this Agreement unless otherwise mutually agreed by the Association and the Employer. False arrest and errors and omissions insurance shall be provided covering appropriate Borough employees. The Employer shall provide Hepatitis B vaccinations for all employees required by law.

18.2 A safety and first aid program will be maintained. A safety committee composed of equal representation from the Employer and the employees shall meet upon written request by the Employer or Union to the other party. This safety committee will meet at a mutually agreed time and place.

18.3 The Employer shall provide such training as is necessary for employees required by the Employer to hold a first aid card in order to maintain certification required by the Employer. When CPR training is provided for airport personnel, up to one (1) employee from each department shall be given the opportunity to participate in such training at Borough expense.

18.4 All employees shall be responsible for working in a safe and proper manner. Applicable federal and state occupational safety laws and regulations shall serve as standards with which all employees and the Employer shall comply. Any employee who is aware of an unsafe working condition or practice shall immediately notify his or her supervisor of same. Employees shall not expose or subject themselves to unsafe working conditions. Any disputes relating to safety practices may be submitted to either the grievance procedure contained herein or an appropriate government agency.

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ARTICLE 19TRAVEL

19.1 Employees covered by this Agreement, while traveling on official business and out of town, shall be reimbursed actual expenses for transportation and lodging, and paid per diem for meal expenses, as provided for in the Borough’s Travel and Training Policy and Title 30 of the Borough’s Code. If changes are proposed to the Travel and Training Policy during the life of this Agreement, the Employer shall notify the Union in writing of such changes before submission to the Assembly for adoption.

19.2 The Employer shall provide the necessary vehicles required by the Employer for employees to use in the scope of their employment. Employees who use their personal vehicles on approved Borough business shall be reimbursed at the IRS maximum reimbursable amount per mile for documented mileage driven on Borough business.

19.3 Employees who use their personal vehicles on approved Borough business in excess ofthree (3) days per week and twenty (20) miles per week shall be reimbursed in addition to 19.2 above as follows:

19.3.1 Incremental cost of vehicle liability insurance incurred as a result of use of one (1) personal vehicle per employee for Borough business.

19.3.2 Actual expenses incurred for monthly parking at a lot, space, or garage designated and approved by the Employer.

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ARTICLE 20EMPLOYMENT PRACTICES

20.1 Personal Tools

20.1.1 No employee shall be required to use personal tools while working at the Borough. Failure to use personal tools shall not be a basis for disciplinary action under this Agreement.

20.1.2 Employees who currently use personal power tools shall provide an inventory of all personal power tools being used at work not later than thirty (30) calendar days after the signing of this Agreement to their supervisor

20.1.3 Personal tools which are worn out, destroyed or broken while being used by an Employee in the performance of their work will be replaced by the Employer with tools of equal quality, so long as such tool was authorized to be used for the performance of the employee’s work. Employees will normally be required to provide proof of loss and present the broken or worn tool to the Employer prior to receiving a replacement. The Employer will also replace such tools when stolen from a Borough work site if evidence of forcible entry or other physical evidence of theft is presented and the employee has filed a complaint with the police department.

20.1.4 The Employer reserves the right to determine what tools an employee may use at the workplace. Nothing in this Section precludes the Employer from requiring an employee to remove personal tools from the workplace. However, if personal tools are removed, the Employer shall provide the necessary tools to perform the work and the Employee shall use the tools provided.

20.2 EyeglassesThe Employer shall reimburse regular full-time employees for the difference between available medical and/or industrial insurance benefits and the cost of repairing or replacing (at the Employer's option) up to one pair per year of eyeglasses broken on the job, provided proof of job-related loss is submitted.

20.3 Protective Clothing, PPE, and Safety Gear The Employer shall continue to furnish and replace protective clothing, PPE, and safety gearrequired by law and by mutual agreement.

20.4 Personnel Files20.4.1 The Borough shall maintain one (1) official personnel file on each employee and

each employee shall have access to that file. A supervisor may maintain a working file, but it is recognized that a working file is not the official personnel record.

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20.4.2 Access to these files by other than the Borough Manager, Assistant Borough Manager, Human Resources Administrator, legal counsel, the employee’s department head and/or supervisor, and the Manager’s executive secretary shall not be allowed without prior approval of the Borough Manager and the employee involved.

20.4.3 Employees will be given a copy of their file(s) on reasonable written request. Employees shall be advised of and receive copies of all material before being placed in their personnel files. Disciplinary documents issued after October 1, 2011, may be removed from anemployee’s file after one (1) year upon request by the employee to the employee’s immediate supervisor, subject to review and approval by the Borough Manager, or designee.

20.4.4 Medical records shall be kept in a separate file which shall be maintained in the Borough Manager’s office. Access to medical records shall be restricted to the Borough Manager, Assistant Borough Manager, Human Resources Manager, legal counsel, and the Administrative Secretary to the Manager.

20.4.5 Copies of letters of commendation received by the Employer will be distributed to all involved employees and filed in the personnel files.

20.5 TimecardsChanges on timecards that involve an employee's rate of pay or hours worked shall be brought to the attention of the employee involved. Copies of employee's timecard shall be made available for inspection if requested by the employee or an authorized Association representative.

20.6 VotingAny employee shall be given the necessary time off, without loss of pay, for the purpose of voting when the polls are not open at least two (2) hours before or after the employee's scheduled hours of work.

20.7 Evaluations20.7.1 The performance of personnel who are on probationary status will be evaluated at

the end of the probationary period. The Employer may evaluate at other intervals during and after the probationary period or at an anniversary date.

20.7.2 Regular employees may be evaluated more often as needed but in no case more often than four (4) times in any twelve (12) month period.

20.7.3 The original copy of the evaluation shall be incorporated into the personnel files.

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20.7.4 If an evaluation is late, it shall not delay the transition from probationary to regularstatus for a new hire as provided in Article 4.

20.7.5 If an evaluation is more than forty-five (45) days late, the evaluation shall specifically and clearly state the amount of time the evaluation is delayed.

20.8 Drug and Substance Abuse PolicyThe parties recognize that federal law mandates that the Ketchikan Gateway Borough establish and maintain a drug free workplace. Accordingly, employees are subject to the Ketchikan Gateway Borough Drug and Substance Abuse Policy.

20.8.1 Employees who are required by law to be tested for drugs are subject to drug testing under the following circumstances: pre-employment, post-accident, random, reasonable suspicion, return to duty, and follow-up testing.

20.8.2 An employee who refuses to submit to a drug and/or alcohol test will be considered to have failed the test. Refusal to take a required test or failure of the test will result in removal from all safety sensitive functions and may result in disciplinary action up to and including discharge.

20.9 Bargaining Unit Work.Supervisory personnel generally will not perform work which is exclusively within the job description of APEA-represented employees. For the purposes of this Section, and for no other purposes, such work shall be referred to as “bargaining unit work”. Supervisory personnel may perform bargaining unit work in the following circumstances:

20.9.1 Emergency. During an emergency as defined in Section 3.7 of this Agreement, a supervisor may perform bargaining unit work.

20.9.2 Training. A supervisor may demonstrate how to operate equipment or otherwise perform bargaining unit work while training a Borough employee.

20.9.3 Maintenance. A supervisor may perform bargaining unit work when necessary to determine whether maintenance is needed or whether maintenance has been satisfactorily completed on any Borough vehicles or equipment.

20.9.4 De minimis. A supervisor may perform bargaining unit work when the work involved is minimal. Any work which would not disqualify the supervisor from administrativestatus under the Fair Labor Standards Act (FLSA) is considered de minimus. Any work which

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requires two (2) hours or less of the supervisor’s time shall be deemed to come within this de minimis exception.

20.9.5 No bargaining unit member is available. When a supervisor has made a reasonable, good faith effort to locate an employee to do bargaining unit work, or when a supervisor has actually offered an employee such work and no employee is available who will accept the work, the work may be done by any available and qualified Borough personnel.

20.10 New Hire OrientationNew hires shall be provided an orientation which includes a review of applicable employment policies, including but not limited to, the Drug and Substance Abuse Policy, as well as receipt of a copy of such policies.

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ARTICLE 21NONDISCRIMINATION

The Employer and the Association agree that there shall be no unlawful discrimination against any employee or applicant for employment because of race, color, religion, age, sex, national origin, disability, marital status, change in marital status, pregnancy, parenthood, political affiliation or political belief, except as permitted by law and unless one of the foregoing factors constitutes a bona fide occupational qualification; provided, however, that a claim that this provision has been violated shall not be subject to Step IV of the grievance procedure of this Agreement unless mutually agreed to by the parties hereto, and provided further that any claim, complaint or charge that this provision has been breached or violated shall be deemed waived and unenforceable and the Employer and Association thereby released from any liability if not filed with the appropriate administrative agency and/or court of law within one hundred eighty (180) days of the alleged act of discrimination.

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ARTICLE 22ASSOCIATION SECURITY

22.1 All full-time and part-time employees covered by this Agreement who voluntarily choose to become members of the Association shall share in the costs of maintaining and operating the Association as their collective bargaining agent and shall be members thereof in good standing.

22.2 During the term of this Agreement, the Employer shall deduct from the wages of employees covered by this Agreement and pay over monthly to the proper officers of the Association any membership and initiation fees, dues or equivalent service charge for those employees who individually and voluntarily authorize such deduction in writing by signing the membership form attached hereto as Appendix B. The Employer will not be held liable for deduction errors but will make proper adjustments with the Association for errors as soon as practicable. The Association will hold the Employer harmless for any action taken at the written direction of the Association pertaining to this article. Along with the monthly remittance of dues to the Association, the Employer shall provide the Association with a list of bargaining unit members designating those who individually and voluntarily execute Appendix B, their job titles, the hire date and the amount withheld on behalf of each such member.

22.3 The Association shall appoint up to three (3) employees, in addition to the Association’s President to serve as Employee Representatives and so notify the Employer as to their names and specific duties. No other employee or member of the Association, outside of Association Representatives or its appointed Employee Representatives, shall represent the Association.

22.4 Employee Representatives shall perform work for the Employer to the same extent as other employees. After giving written notice to or having made an appointment with the Department Director, authorized Association or Employee Representatives shall be allowed admission to any shop or job at any reasonable time for the purpose of investigating conditions existing on the job. Such authorized representatives shall confine their activities during such investigation to matters relating to this Agreement and shall not interfere with the work of employees or the Employer's operations. No Association business shall be performed during working time except as specifically authorized by this Agreement.

22.5 The Association shall have the right to use those bulletin boards designated for job postings through the Labor-Management Committee process for posting official Association notices and bulletins.

22.6 Where there is available meeting space in Borough-owned or leased buildings, this space may be used for meetings by the Association at no cost to the Association with reasonable notice

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to the Employer consistent with the Borough policies. Approval shall not be unreasonably denied.

22.7 The Borough will allow an Association member to provide a thirty (30) minute orientation, on Borough property, during operating hours to new hires. This orientation will be considered time worked for payroll purposes and charged to the Association leave bank. To facilitate this orientation Human Resources will share electronically with the Employee Representatives. President of Local 6137, and APEA/AFT the names, positions and primary worksite of all new hires no later than seven (7) days after their Date of Hire.

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ARTICLE 23UNIFORMS

23.1 Upon hire, each of those Employees in the following Classifications listed below will receive at the Borough’s expense the following:

Transit Mechanics: Transit Bus Drivers I and II:

5 shirts 5 shirts5 pairs of pants, 1 hooded pullover sweatshirt3 hooded pull-over sweatshirts, 1 winter jacket1 pair work boots

Airport LEOs and Animal Protection Officers:

4 pairs of pants or skirts 1 winter jacket,4 shirts 1 summer jacket1 pair of boots 1 dress belt or suspenders1 baseball style cap

Airport Equipment Mechanic I/ARFF, Airport Equipment Mechanic II/ARFF Lead, Airport Technician/ARFF, Airport Technician/ARFF Foreman:

4 pairs of pants, 2 pair non-insulated coveralls,4 shirts, pull-over hoodies, or polos 1 pair insulated coveralls or bibs & jacket,4 t-shirts 1 pair of work boots,1 pair of work boots.

Airport Custodians: Airport Ferry Toll Collectors:

3 shirts, smocks or polos, 3 shirts, smocks or polos1 jacket 1 jacket

23.1.1 Employees whose duties require regular sustained outdoor work shall additionally be provided rain gear and ice cleats.

23.1.2 Airport LEOs shall be additionally authorized to purchase gear to include:

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1 duty belt 1 magazine holder1 firearm holster 4 belt keepers1 set handcuffs and holder 1 spare handcuff key1 inner belt 1 firearm and magazines1 flashlight and holder 1 baton and baton holder1 key holder

23.2 Uniform patches, embroidery, tailoring, and insignia shall be provided by the employer.

23.3 Replacement. With the exception of Airport LEOs, each employee is authorized to purchase up to $300 per year in replacement uniforms. Airport Police Officers and Animal Protection Officers are authorized to purchase up to $400 per year per employee in replacement uniforms. Unexpended amount at the end of the year shall lapse. Purchases will be paid on a reimbursement basis, unless other arrangements are made with the Department Director.

23.4 Replacement ExceptionsIn the event any of the clothing items listed above and issued by the Employer are damaged or destroyed in the line of duty or because of work responsibilities, the item damaged or destroyed shall be replaced by the Employer. The question of whether the item qualifies for replacement under this paragraph shall be determined in the sole discretion of the Department Head.

23.5 Uniform Allowance RestrictionsThe Ketchikan Gateway Borough will not furnish uniforms or reimburse for uniforms within thirty (30) days of a planned termination of employment.

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ARTICLE 24GENERAL PROVISIONS

24.1 Any and all agreements, written and verbal, previously entered into by the parties hereto are in all things mutually canceled and superseded by this Agreement. Unless specifically provided herein to the contrary, past practices shall not be binding on the Employer.

24.2 The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the parties hereto, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of any or all of the parties at the time they negotiated or signed this Agreement. The parties further agree, however, that this Agreement may be amended with the mutual consent of the parties in writing at any time during its term.

24.3 Should any article, section or provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted statute, ordinance or other law, or by the decree of judgment of any court of competent jurisdiction, the invalidation of such article, section or provisions will not affect the remaining portions hereof and such other parts and provisions will remain in full force and effect. Upon the invalidation of any article, section or provision hereof, the parties will meet and negotiate the parts and provisions concerned within thirty days (30) days from the date the fact of such validations is communicated to them; provided, however, that the parties may mutually agree to extend the time for such negotiations. If there is any conflict between the terms of this Agreement and any Human Resources memoranda or rules of the merit system in effect at the time of signing of this Agreement, the terms of this Agreement will supersede those memoranda or rules in their application to the bargaining unit for the duration of this collective bargaining agreement, unless agreed to by the bargaining unit prior to implementation by management. Any future rules or policies which conflict with this agreement regarding a topic which is a mandatory subject of bargaining shall not be applied to this bargaining unit or its members until and unless the application of such policies or rules is negotiated with the bargaining unit.

24.4 Nothing contained herein shall prohibit the Employer, at its sole discretion, from paying wages and/or benefits in excess of those provided for herein.

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24.5 For all matters related to this Agreement and the administration thereof, the following persons shall be the sole contacts for the parties for all notices, written or oral, correspondence, and other communications:

BOROUGH: Borough Manager or DesigneeKetchikan Gateway Borough1900 First Avenue, Suite 210Ketchikan, Alaska 99901

APEA/AFT: Business Manager or Designee

Alaska Public Employees Association/AFT 211 Fourth Street, Suite 306

Juneau, Alaska 99801

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ARTICLE 25TERM OF AGREEMENT

This Agreement shall become effective at 12:01 a.m. on March 22, 2022, and shall continue in full force and effect through and including 11:59 p.m., December 19, 2024, and shall continue in full force and effect from year to year thereafter unless notice of desire to amend this Agreement is served by either party upon the other at least sixty (60) days prior to the date of expiration. A notice to amend may not be given prior to 180 days before the date of expiration. If notice to amend is given, negotiations shall commence within thirty (30) days following the date of the notice, and this Agreement shall remain in effect until the terms of a new or amended Agreement are agreed upon; provided, however, that if a notice to amend is timely given, either party may at any time thereafter notify the other in writing of its desire to terminate this Agreement as of a date stated in such notice to terminate, which date shall not be earlier than the date of expiration, and shall be at least thirty (30) days subsequent to the giving of such notice to terminate. Notwithstanding the timelines in this Article, the parties may enter into negotiations to amend this Agreement at any time by mutual agreement.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed this ________ day of ____________________, 2022.

KETCHIKAN GATEWAY BOROUGH ALASKA PUBLIC EMPLOYEESASSOCIATION/AFT

By_____________________________ By__________________________Ruben Duran, Borough Manager Michael Speciale, Chief Negotiator

By _________________________ATTEST: Gavin Charrier, Local President

______________________________ By__________________________Kacie Paxton Teri Holderman, Member- NegotiatorBorough Clerk

Approved as to form: By _________________________Chris Madewell, Member-Negotiator

______________________________ By______________________________Glenn Brown Jason Anderson, Member-NegotiatorBorough Attorney

By_____________________________ Michael Koskie, Business Manager APEA-AFT

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APPENDIX A

SCHEDULE OF PAY CLASSIFICATIONSPOSITION GRADEINITIAL

HOURLYPAY RANGE

Appraiser II ......................................................................Associate Planner............................................................

C42 $ 32.67 – 52.61

Assistant Planner.............................................................Procurement/Contracts Officer ........................................

C41 $ 30.94 – 49.83

Airport Tech/ARFF Foreman ........................................... B25 $29.42 – 45.31

Administrative Assistant Lands........................................Airport Equipment Mechanic II/Aircraft Rescue & Firefighter .............Mechanic (Transit) ..........................................................

B24 $26.79 – 41.25

*Airport Law Enforcement Officer (LEO) ......................... B23P $33.53 – 51.64

Airport Technician/ARFF .................................................Airport Equipment Mechanic I/ARFF ...............................Appraiser I .......................................................................Accounting Tech/Tax Specialist.......................................Platting/Zoning Clerk .......................................................Records Information Specialist ........................................GIS Coordinator/Permit Technician .................................Code Compliance Specialist/APO ...................................

B23 $24.58 – 37.85

*Bus Driver II ...................................................................*Firefighter/EMT ..............................................................

B22P $26.24 – 40.41

Transit Grant Coordinator................................................Airport Executive Secretary .............................................Accounting Tech/Payroll ..................................................Administrative Assistant Public Works.............................Administrative Assistant Transit.......................................Planning Technician ........................................................

B22 $22.82 – 35.14

*Bus Driver I .................................................................... B21P $24.22 – 37.29

Ferry Toll Collector .........................................................Maintenance Laborer.......................................................Parking Lot Attendant ......................................................Accounting Tech/Customer Service Rep.........................Planning & Comm. Dev. Secretary ..................................Kennel Attendant .............................................................

A13 $ 19.97 – 28.97

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SCHEDULE OF PAY CLASSIFICATIONSPOSITION GRADEINITIAL

HOURLYPAY RANGE

Airport Custodian............................................................. A11 $ 16.33 – 23.69

*Indicates premium pay position

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APPENDIX BASSIGNMENT OF WAGES TO COVER ASSOCIATION DUES

APPENDIX C

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KETCHIKAN GATEWAY BOROUGH – APEA/AFTGRIEVANCE FORM

1. Name of Grievant ________________________________________________________________________________2. Mailing Address ___________________________________________________________________________________3. Job Title __________________________________________________ 4. Location ____________________________5. Department _______________________________________6. Name of supervisor __________________________7. Date grievance occurred _______________________________ 8. Discussed with supervisor on___________________9. For each contract provision you allege was violated: 9.1 Which contract section was violated? ___________________ 9.2 When was it violated?________________________ 9.3 Who violated it? ___________________________________ 9.4 How was it violated? ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________10. If more than one contract provision was allegedly violated: 10.1 Which contract section was violated? _________________ 10.2 When was it violated?_____________________________

10.3 Who violated it? _________________________________ 10.4 How was it violated? ________________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________11. If more than two contract provisions were allegedly violated: 11.1 Which contract section was violated? _________________ 11.2 When was it violated?_____________________________

11.3 Who violated it? _________________________________ 11.4 How was it violated? ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 12. Relief Sought:______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

___________________________________________ ______________________________________________Date Employee (Grievant)

______________________________________________ Association/Employee Representative

APPENDIX DPAST PRESIDENT RECOGNITION

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   Assembly - Regular 7. h.        Meeting Date: 03/21/2022  Submitted For: Amy Briggs Submitted By: Amy

BriggsDepartment: FinanceApproved for Submittal: Charlanne Thomas, Acting Finance Director

Ruben Duran, ManagerApproved as to form: Glenn

Brown,BoroughAttorney

InformationTITLEAward of a Sole Source Contract with Urban Transit Associates, Inc for the Purchase of an AutomaticPassenger Counting System for the Borough Transit System

RECOMMENDED ACTION"I move to award a sole source contract to Urban Transit Associates, Inc for the purchase of an AutomaticPassenger Counting System for the Borough Transit System in the amount of $54,268."

SUMMARY OF ISSUEAt its May 17, 2021 meeting, the Assembly authorized the purchase of five new Gillig Buses for theTransit Department.  The passenger counting software provided by Urban Transit Associates, Inc. (UTA)was included in the purchase. This sole source request is to purchase the equipment and training neededto outfit Transit's existing nine buses, to enable consistency across the fleet. 

UTA is the only company that specializes in capturing, analyzing and reporting Transit ridership dataspecifically. This is especially appealing to the Transit Department because of the ability to utilize this datafor visitor planning purposes and for the basis of route planning and improving efficiency of service.Additional information is included in the attached Sole Source Justification Memo. 

The Transit Department has also received approval of the sole source purchase from the State of AlaskaDept. of Transportation and FTA consultant, who are both confident that UTA will be able to install thecounters on the existing fleet and provide the software and training needed ahead of the summer cruiseseason.

Therefore, staff believe UTA is considered to be a sole source provider for this work pursuant to KGBC11.20.150(d) "For supplies, materials, equipment, construction, or contractual services which can befurnished only by a single provider or dealer or which have a uniform price wherever bought." 

Fiscal ImpactAmount Budgeted: $54,268Expenditure Required: $338,414Appropriation Required: N/A

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Additional Fiscal Information:The Transit Department has $338,414 appropriate for Transit Technology Upgrades.

CPV: Ord. 1945 (Acct. 705-10-141-6525) - $270,715.005309 Grant: Ord. 1818 (Acct. 740-60-005-6530) - $67,669.00

AttachmentsSole Source Justification Memo UTA Quote

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KETCHIKAN GATEWAY BOROUGH 1175 COPPER RIDGE LN ● KETCHIKAN, ALASKA 99901

● 907/228-6675 www.kgbak.us

TRANSIT DEPARTMENT March 7, 2021 Amy Briggs Procurement Officer Ketchikan Gateway Borough Office of Procurement Subject: Sole Source Justification- UTA’s APC System Dear Ms. Briggs, As a follow-up to our previous conversations, below is written justification for your review for Transit’s sole-source procurement of 9 Urban Transit Associates, Inc. (UTA) Automatic Passenger Counting (APC) Systems. As you are aware, we have purchased through the Washington State Cooperative Agreement UTA APCs on the five Gillig buses scheduled to be delivered mid-June. The additional units to be purchased using this sole-source justification will ensure that there is technical uniformity within the fleet and allow transit management, drivers, and mechanics to be trained and familiar with APC operations prior to the busy summer season. Additionally, implementation this spring will guarantee that the entire fixed route fleet is outfitted with APCs to begin fiscal year 2023, ensuring all passenger data is collected using the same method as required for the federal National Transit Database and state quarterly reports. UTA is the only firm in North America that specializes in providing APC technology to transit organizations. For more than thirty (30) years and in more than one-hundred (100+) transit agencies, UTA's APC system consistently provides accurate and reliable information to transit managers. UTA is the only supplier of UTA's APC system. Given the proprietary nature of UTA's on-bus APC hardware and UTA's APC data structures, the integration of a non-UTA APC system would be costly and of questionable technical feasibility. Regards, Leslie Jackson Transit Manager

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Proposed Pricing Schedule rev001 - 01/19/22

Qty=7 Two (2) Door Gillig Buses – New InstallationsDouble (2) Door

Item UTA Part No. Bus Cost ------------------ --------------------- -------------------- A. APC Model 31 CPU LMU5530W $ 1,375 B. Cable - Interface 6PG-1708D 325 C. Front Door Passenger Counting Sensor Hella 775 D. Rear Door Passenger Counting Sensor Hella 775 E. Cable - WLAN Antenna WLAN-15CA 98 F. Cable - GPS Antenna P4-15CA 98 G. Cable - Communication J1-MM-3NM 49 H. Bike Rack Armature Switch Kit BR-SW1 105 I. Cable - Bike Rack Extension Bike-EXT 67 J. Cable - Front Sensor Pigtail 35' DC-EXT4-35 135 K. Cable - Rear Sensor Pigtail 55' DC-EXT4-55 155 L. Antenna (GPS+WLAN) ANT-MM 195 M. APC Sensor Brackets (2) HB-226169207 178 N. Driver Seat Monitoring 390 225 ---------------------- Per Bus Total $ 4,555

Qty=2 Single (1) Door Gillig Buses – New Installations Single (1) Door

Item UTA Part No. Bus Cost ------------------ --------------------- -------------------- A. APC Model 31 CPU LMU5530W $ 1,375 B. Cable - Interface 6PG-1708D 325 C. Front Door Passenger Counting Sensor Hella 775 D. Cable - WLAN Antenna WLAN-15CA 98 E. Cable - GPS Antenna P4-15CA 98 F. Cable - Communication J1-MM-3NM 49 G. Bike Rack Armature Switch Kit BR-SW1 105 H. Cable - Bike Rack Extension Bike-EXT 67 I. Cable - Front Sensor Pigtail 35' DC-EXT4-35 135 J. Antenna (GPS+WLAN) ANT-MM 195 K. APC Sensor Bracket (1) HB-226169207 89 L. Driver Seat Monitoring 390 225 ---------------------- Per Bus Total $ 3,536

Qty=9 On-Bus Equipment Installations (Qty=9 Buses)($ 698/bus) $ 6,275

(1rtrip)($1100/rtrip)(5days)($275/day)(40hrs)($95/hr)

Total Project Cost

A. Qty=7 Two (2) Door Gillig Buses ($ 4,555)(7) $ 31,885B. Qty=2 One (1) Door Gillig Buses ( $ 3,536)(2) $ 10,608C. Installation – Qty=9 ($698/bus) $ 6,275D. Training & Documentation $ 5,500

Total Cost: $ 54,268

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   Assembly - Regular 9. a.        Meeting Date: 03/21/2022  Submitted By: Cynna GubatayaoDepartment: Manager's OfficeApproved for Submittal: Charlanne Thomas, Acting Finance Director

Cynna Gubatayao, Assistant ManagerRuben Duran, Manager

Approved as to form: GlennBrown,BoroughAttorney

InformationTITLEWork Session to Discuss the FY 2023 Borough Budget, including Revenues and Expenditures

RECOMMENDED ACTION"I move to recess into work session to discuss the FY 2023 Borough budget"

Following the work session, the Assembly may make motions arising from the work session discussion.

SUMMARY OF ISSUEThe Assistant Borough Manager will provide an update on the draft FY 2023 budget.  Funds to bediscussed may include, but are not limited to the General Fund, Rec CIP, School Bond CIP, Local EducationFund, Library Fund and others.

Fiscal Impact

AttachmentsNo file(s) attached.

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   Assembly - Regular 10. a.        Meeting Date: 03/21/2022  Submitted For: Ruben Duran Submitted By: Melissa

HanisDepartment: Manager's OfficeApproved for Submittal: Approved as to form:

InformationTITLEManager's Report

RECOMMENDED ACTION

SUMMARY OF ISSUEAttached is the Borough Manager's Report on Borough policy and departmental issues for the Period ofFebruary 26 through March 15.

Fiscal Impact

AttachmentsManager's Summary March 21, 2022 Animal Protection Assessment Economic Development North Tongass Fire and EMS Planning Public Works

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Borough Manager’s Report

to the Assembly Meeting of March 21, 2022

Community Health and Safety Promote a Clean and Safe Community

Animal Protection Code Enforcement Department Operating Statistics Measurement: The number of animal bite reports received in February 2022 was 2. Additional

statistics are available on the department’s report.

Public Works City Park Tree Removal Completed During the week of March 7, two ongoing contracts for tree work at City Park were completed.

Vibrant Economy Maintain and Grow a Diverse Economy

Planning and Community Development

Housing Update

A team of Borough staff consisting of the Assistant Borough Manager, Planning Director, Borough

Attorney, Assessment Director, and Public Works Director have been exploring ways to address

the shortage of housing in Ketchikan. The team has developed a list of short, medium, and long

term options. These are all projects that could start fairly quickly, but the implementation timelines

vary significantly. Each project comes with its own set of advantages and disadvantages as well.

For example, a short term action item might take steps to limit short term rentals, but is also likely

to be very controversial. A longer-term project would be a new subdivision, developed on Borough

entitlement lands. Staff will bring forward a set of recommendations, provide a presentation and

solicit Assembly input and direction in April.

OceansAlaska February Monthly Report

OceansAlaska provided a monthly report for February 2022. A summary of the report is provided

below. A copy of the report is available in the Planning Department or upon request.

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CPV Funding anticipated

The Borough’s FY 2022 Cruise Passenger Vessel (CPV) receipts based on actual passenger counts

will be $314,782.50.

In addition to the actual CPV monies just mentioned, staff has been informed that the State will

use $2,409,085 in ARPA funds to make the Borough whole compared to CY 2019.

Additional information relating to these funds are provided in the Economic Development report

which is attached.

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Transportation Deliver a Seamless Transportation Network for Resident

and Non-Resident Air Travelers and Transit Patrons

Transit Department

FY2022 Competitive Funding Opportunities

On March 7th the FTA announced the opportunity to apply for competitive grants under the FY

2022 Low or No Emission Grant Program (Low-No Program) Grants for Buses and Bus

Facilities Program (5339 Buses and Bus Facilities Program)

➢ Borough must complete Federal Grant and all attachments to Alaska DOT by April 30th

➢ DOT has to submit the app to grants.gov by noon on May 31st

Low-No Program purpose is to support the transition of the nation’s transit fleet to the lowest

polluting and most energy efficient transit vehicles. The Low-No Program provides funding to

state and local governmental authorities for the purchase or lease of zero-emission and low-

emission transit buses, including acquisition, construction, and leasing of required supporting

facilities (project: replacing (3) of our older diesel buses with (3) 35’ EBUS’ and installation

of charging infrastructure).

Additional information is also included in the Transit Department report.

Due to the short notification periods on this and other grants, staff may need to take necessary

steps to ensure that the Borough maximizes its opportunity to receive these Federal funds and

may be requesting the Assembly to ratify those actions at subsequent Assembly meetings.

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Quality of Life Provide Programming and Services that Support a High

Quality of Life, including, but not limited to, Culture,

Recreation and Education

Animal Protection Code Enforcement Department Stonetree Veterinary Clinic – Birthday Party The department provided three cats for a birthday party at Stonetree Veterinary

Clinic on Friday, March 4th. Party attendees interacted with the cats, socializing

the animals to large groups, and they all enjoyed the animals.

Public Works Site Work at Rotary Beach Uplands Improvement Completed As of March 7, 2022, Three Dog Construction completed the project for Rotary

2000 to provide a leveled area above the wading pond. Staff will perform site

cleanup in some areas adjacent to Three Dog’s work zone in advance of installing

new equipment. Rotary 2000 will hold a ribbon-cutting ceremony upon staff’s

completion: it is anticipated that this area will see extensive use this summer.

Organizational Excellence Provide a High Quality, Responsive,

Transparent and Innovative Service in an

Efficient and Cost-Effective Manner

South Tongass Fire District

U.S Coast Guard Letter of Appreciation

The South Tongass Fire Department received the attached letter from Rear Admiral

Nathan A. Moore, Commander, Seventeenth Coast Guard District expressing

appreciation for assistance rendered by the South Tongass Fire District and Airport staff.

Planning and Community Development Planning Commission Meeting Cancelled

The Planning Commission’s March 8th meeting was canceled due to a lack of a quorum.

The agenda will be heard during the April 12th meeting.

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ADNR State Land Sale – Leask Cove

On March 11th, the Alaska Department of Natural Resources (ADNR) announced the

preliminary decision for a land sale located in Leask Cove in George Inlet. The property

proposed for subdivision is located at the head of George Inlet along the new Shelter

Cove Road that terminates at Shelter Cove in Carroll Inlet. A virtual public meeting will

be held on March 31st, at 5:00 pm via Microsoft Teams, information on how to attend is

included in the notice. The comment period for the preliminary decision ends on April

13, 2022, at 5:00 pm. Unless otherwise directed, staff will not be providing comments

on the decision. The notice is attached.

Animal Protection and Code Enforcement Department

Operating Statistics

The department received 298 requests for service in February 2022. Additional

information is provided in the department’s report.

Assessment Department

Assessment Software Conversion

Since the beginning of November 2021, department staff have held bi-weekly

meetings with the conversion team at Tyler Technologies. The current conversion

completion date is tentatively set for September 2022.

2022 Assessment Notice and BOE Schedule

In the department report is the schedule for the 2022 Assessment Notice and Board of

Equalization meets.

North Tongass Fire District

Station 6 to be Staffed for Upcoming Tourist Season The department will be staffing Station 6 this summer in anticipation of an increase in

service requests, due to the cruise ship facility in Ward Cove. According to the schedule

provided by Cruise Line Agencies of Alaska the 2022 season will include 11 ships,

making 160 stops in Ward Cove between April 28th and October 21st. At full capacity

the ships may carry as many as 362,000 passengers and 172,941 crew members on board.

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ANIMAL PROTECTION CODE ENFORCEMENT DEPARTMENT Meeting of March 21, 2022

Animal Protection Benchmarks

Community Health & Safety (1.) February 2022 Strategic Outcome: Reduce the number of animal bites in the Borough. Action: Respond to animal bite reports within four hours of the report. Measurement: The number of animal bite reports received in February 2022 was 2. All bites were responded to within the four-hour time frame set in the Strategic Plan. Response time was 100%. The department places a high priority on processing these reports and getting the animal quarantined as soon as possible to observe for any signs of disease or behavioral changes. This also provides an opportunity for staff to ensure that the animal is current on rabies immunization. Organizational Excellence (b) February 2022 Strategic Outcome: Timely response to citizen’s request for service. Action: Provide initial response to citizen’s requests for service on the day the request is received. Measurement: The department received 298 requests for service in February 2022. Initial response to the request for service on the day the request was received was 98%. The remaining 2% of requests were received after 5 p.m. and did not meet the criteria for emergency response. The calls were documented and processed the following day. Many of the requests for service received by the department are time sensitive and a prompt response is in order to facility a successful outcome. Quality of Life March 2022 Stonetree Veterinary Clinic – Birthday Party The department provided three cats for a birthday party at Stonetree Veterinary Clinic on Friday 3-4-22. Party attendees interacted with the cats, socializing the animals to large groups, and they all enjoyed the animals.

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Assessment Department Meeting of March 21, 2022

Assessment Software Conversion (Organizational Excellence)

Since the beginning of November 2021, department staff have held bi-weekly meetings with the conversion team at Tyler Technologies. So far, the focus has been setting up land and improvement models along with ensuring the data is converted over in a format that better supports the department’s business processes. The next step is finalizing the configuration of the land and improvement models, which is underway, and then we will move on to business personal property and record administration. The current conversion completion date is tentatively set for September 2022.

2022 Assessment Notices and BOE Schedule

The annual "Notice of Assessed Value" were mailed to all real property owners on February 18th. Notices of business and personal property were sent to business owners at the beginning of March. Property owners who do not agree that the assessed value represents market value may request an informal review by the Assessment Department by speaking with an appraiser. If an agreement is not reached on the valuation, the property owner may file an appeal to the Board of Equalization. The Board of Equalization is composed of the members of the Assembly, excluding the Mayor. The Assembly will convene as the 2022 Board of Equalization (BOE) in its organizational meeting at 5:00 p.m. Monday, March 21, 2022, prior to the regular Assembly meeting. The Annual Procedural Orientation for the BOE will be held at 5:30 p.m. on Tuesday, March 22, 2022. The preliminary BOE schedule for 2022 is as follows:

Monday March 21 5:00 p.m. BOE Organizational Meeting (prior to Assembly

regular meeting)

Tuesday March 22 5:30 p.m. BOE Training and Orientation

Monday March 28 5:30 p.m. BOE Hearings

Monday April 11 5:30 p.m. BOE Hearings

Monday April 25 5:30 p.m. BOE Hearings

Monday May 2 5:00 p.m. Presentation of Certificate of the Assessor for Final

Roll (prior to Assembly regular meeting)

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Economic Development Meeting of March 21, 2022

Housing Update (Vibrant Economy)

A team of Borough staff persons consisting of the Assistant Manager, Planning Director, Borough Attorney,

Assessment Director and Public Works Director have been exploring ways to address the shortage of housing

in Ketchikan. The team has developed a list of short, medium, and long term options. These are all projects

that could start fairly quickly, but the implementation timelines vary significantly. Each project comes with its

own set of advantages and disadvantages as well. For example, a short term action item might take steps to

limit short term rentals, but is also likely to be very controversial. A longer term project would be a new

subdivision, developed on Borough entitlement lands.

Staff will bring forward a set of recommendations, provide a presentation and solicit Assembly input and

direction in April.

Bipartisan Infrastructure Law and New Grant Opportunities (Vibrant Economy)

On November 5, Congress passed the Infrastructure Investment and Jobs Act (H.R. 3684), known as the

Bipartisan Infrastructure Law (BIL). BIL is a roughly $1 trillion transportation, water, broadband and electric

grid infrastructure bill, with funding spread over five federal fiscal years. Although some of the funding may

be available to the State for discretionary spending, most of the funding is being distributed by increasing the

amounts available through existing federal programs. State officials are encouraging municipalities like the

Borough to apply directly for federal funding. As agencies publish the Notice of Funding Opportunity (NOFO)

for a grant program, the deadlines for submitting grant applications are very short. For example, the NOFO

for the FAA’s Airport Terminal Grant Program was issued on February 22, with an application deadline of

March 28, only 35 days later. These short timelines seem to be typical of the grant programs receiving an influx

of BIL funding. As a result there will probably be more instances of after-the-fact Assembly ratifications of

grant applications, as staff sees opportunities to further the Borough’s goals and objectives. Applications are

only submitted for projects that are well enough vetted and have Assembly approval, or resolve long-standing

Borough and Service Area concerns.

OceansAlaska February Monthly Report – (Vibrant Economy)

OceanAlaska provided a monthly report for February 2022. A summary of the report is provided below. A

copy of the report is available in the Planning Department or upon request.

OA received a grant from NOAA titled “Hatchery Capacity and Technology Development to Secure Seed

Supply for Oyster Farming in Alaska.” The grant provided equipment for the oyster broodstock project, which

were installed while a contractor was on site. The algae tubes are currently operating and producing algae.

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OA has partnered with Alaska Sea Grove to submit another grant application for sea cucumber cultivation.

OA has hired another marine oyster tech, totaling three temporary employees to assist with the oyster

broodstock project.

Commercial Passenger Vessel Tax Receipts Expected (Vibrant Economy)

The Borough’s FY 2022 CPV receipts based on actual passenger counts will be $314,782.50. Based on the

data received from the Department of Revenue staff is able to infer that 25% of the calendar year 2022 cruise

passengers arrived in Ward Cove, and 75% arrive at the downtown docks.

In addition to the actual CPV monies, staff has been informed that the State will use $2,409,085 in ARPA

funds to make the Borough whole compared to CY 2019. Based on previous research, the ARP portion of the

funding will be subject to ARPA limitations, but should not be subject to CPV limitations, even though the

state is distributing it through that program.

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North Tongass Volunteer Fire Department Meeting of March 21, 2022

Station 6 to be Staffed for Upcoming Tourist Season Organizational Excellence

The department will be staffing Station 6 this summer in anticipation of an increase in service requests, due

to the cruise ship facility in Ward Cove. According to the schedule provided by Cruise Line Agencies of

Alaska the 2022 season will include 11 ships, making 160 stops in Ward Cove between April 28th and October

21st. At full capacity the ships may carry as many as 362,000 passengers and 172,941 crew members on

board.

The department has put together a schedule that utilizes three temporary employees to supplement current

paid staff and volunteer response, the schedule will ensure that EMS personal are on duty, in the Ward Cove

area during the times a ship is at the dock. A review of the facility’s preplan found no significant issues and

recommended no other operational changes for the 2022 season. Staffing levels will be reevaluated at the end

of the season to determine if the call volume will require the hiring of permanent staff.

Working with the Cruise Line Agencies and the Ward Cove Group has been a pleasure, the department is very

excited to be working with them again this year and look forward to another great year.

North Tongass Service Area Board Meeting

The next regularly scheduled meeting of the North Tongass Service Area Board of Directors will be held at

6:00 p.m. on March 16th at Station 8, located at 13110 North Tongass Hwy. The board will be discussing the

operation and maintenance of the service area. The public is encouraged to attend.

2022 Department Statistics, Per Type of Call

Type of Call

Total Calls

February

2021

Total Calls

February

2022

Total Calls

Calendar Year

2021

Total Calls

Calendar

Year to Date

2021

Total Calls

Calendar

Year to Date

2022

100 - Fire 0 0 15 3 0

100 - Mutual Aid 0 2 4 1 2

200 - Rupture, Explosion 0 0 0 0 0

300 - EMS 12 11 147 22 37

400 - Hazardous Conditions 0 0 5 1 0

500 - Service 0 0 4 1 1

600 - Good Intent 1 0 8 1 2

700 - False Alarm 0 0 6 1 2

800 - Severe Weather 0 0 0 0 0

Total 13 13 189 30 44

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2022 Department Quarterly Benchmarks

Benchmark Standard

(Quarter)

1st

Quarter

2nd

Quarter

3rd

Quarter

4th

Quarter

Average

2022

Total Training Hours 395 * * * * *

Response Man-hours 375 432 432

Dispatch Time, Average 1:00 2:03 2:03

Chute Time, Average 1:50 3:44 3:44

Response Time, Average 8:00 8:49 8:49

Average Number of Responders 5.0 5.1 5.1

Number of BLS Trained Members 6 11 11

Number of ALS Trained Members 12 6 6

Number of ALS Training Hours 35 * * * * *

* During the transition from Firehouse to ESO reporting software this data field will be temporarily

unavailable. We are working on the issue and hope to have the data available soon.

Standard - The department has determined the appropriate benchmark based on a combination of NFPA and

ISO recommendations, and local historical data. It is anticipated the department should meet the standard 90

percent of the time.

To Date - Represents the cumulative time and yearly averages at the date the report was run.

Total Training Hours - Total hours spent in training activities.

Response Hours - Total hours spent in emergency and non-emergency response.

Dispatch Time - Time between 911 call and department dispatched.

Chute Time - Time between fire department notification until the first unit leaves the station.

Response Time - Time between fire department notification and the first unit arrives on scene.

Average Number of Responders - Average number of responders per incident.

Number of BLS Training Members - Number of certified responders trained in Basic Life Support

procedures.

Number of ALS Training Members - Number of certified responders trained in Advanced Life Support

procedures.

Number of ALS Training Hours – Total hours of Advanced Life Support Training Provided.

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Planning & Community Development Meeting of March 21, 2022

Planning Commission Agenda

The Planning Commission’s March 8th meeting was canceled due to a lack of a quorum. The agenda will be

heard during the April 12th meeting.

ADNR State Land Sale – Leask Cove (Quality of Life)

On March 11th, the Alaska Department of Natural Resources (ADNR) announced the preliminary decision for a land sale located in Leask Cove in George Inlet. The property proposed for subdivision is located at the head of George Inlet along the new Shelter Cove Road that terminates at Shelter Cove in Carroll Inlet. A virtual public meeting will be held on March 31st, at 5 pm via Microsoft Teams, information on how to attend is included in the notice. The comment period for the preliminary decision ends on April 13, 2022, at 5 pm. Unless otherwise directed, staff will not be providing comments on the decision. The notice is attached.

ADOT & PF South Tongass Highway Rehabilitation: Deermount Street to Surf Street

(Quality of Life) - Update

The Alaska Department of Transportation and Public Facilities (DOT&PF)1 is working to rehabilitate about three miles of South Tongass Highway PDF File and related non-motorized facilities from Deermount Street to Surf Street. The South Tongass Highway Rehabilitation project would improve operations and provide improved movement of vehicle, bicycle, and pedestrian traffic. The South Tongass improvements are fully federally funded. It is currently anticipated that construction will start in 2024. Right-of-way acquisitions have begun for the project. There are many right-of-way tracts to acquire and right-of-way encroachments to resolve. Agents from CBRE, a right-of-way valuation and advisory consultant, are in Ketchikan and have begun reviewing the encroachments. These agents will be working in the project area over the next few months. More information can be found at https://dot.alaska.gov/sereg/projects/southtongass/

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Public Works Department Meeting of March 21, 2022

City Park Tree Removal Completed During the week of March 7, two ongoing contracts for tree work at City Park were completed, consisting of the selective limbing conducted by John Gabriel with Three Dog Construction throughout the park’s evergreens, and the removal of two large Red Alders overhanging Front Street. In addition to the previously reported improvements to light and visibility, this will open viewsheds from Fair Street towards the fountain. ARWA Assistance provided Two events in the early weeks of March, 2022 proved the value in the Borough’s participation in the Alaska Rural Water Association:

On March 4, staff hosted a technician from the Alaska Rural Water Association, who reviewed the conditions of backflow prevention devices throughout the water and wastewater systems. Locations reviewed include the chemical mixers serving the Water Treatment Plant, and a backflow preventer at the Mountain Point Wastewater Treatment Plant headworks, which isolates wastewater processes from contaminating drinking water.

ADEC responded to ARWA’s sanitary survey conducted in December, 2021. This survey found the following deficiencies, along with the preliminary status in response to each action:

o Fawn Mountain Water Storage Tank perimeter leaks: per Resolution 2924, the Borough is pursuing work to seal the interior of the tank.

o Visual inspection of roofs and other portions of the storage tanks that were inaccessible due to snow and ice: staff is pursuing photographs of these locations.

o Annual testing needed on backflow prevention devices: as noted, this is largely complete, save that the backflow prevention device on Wood Road will be inspected in April of this year.

o Annually inspect and clean every three years the Mountain Point water storage tank: this work will be included in the FY23 budget and conducted during the summer.

Herring Cove Bridge Work Damages Raw Water Main

On March 11, ongoing electrical work associated with the Herring Cove Bridge Replacement resulted in a 36” auger penetrating the top of the raw water main. Staff mobilized Three Dog Construction to assist in excavation, exposed the damaged area, ground off damaged plastic, and applied a stainless steel banded coupler around the leak. Staff was able to close valves to minimize the water loss and used the vactor truck to remove backfill gravel that had entered the pipe once the outflow diminished. Upon installing the band, staff opened a relieving valve at a raw water hydrant located at Mayo Lane, and progressively brought the system up to pressure. While the band held for approximately one and one-half hours after the system was pressurized, examination of the open pit on Saturday morning showed a small leak from the band. Staff tightened the bolts, thereby arresting the leak: examination on Monday morning revealed no ongoing leaks. Staff is pursuing acquisition of materials to affect a permanent repair with electro-fusion couplers. Special recognition is to be made to Three Dog Construction for their assistance in arresting the leak, and the City of Ketchikan for providing the repair band on an emergency basis.

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Public Works Department Meeting of March 21, 2022

Site Work on the Rotary Beach Uplands Improvement Completed As of March 7, 2022, Three Dog Construction completed their project for Rotary 2000 to provide a leveled area above the wading pond. Staff will perform site cleanup in some areas adjacent to Three Dog’s work zone in advance of installing new equipment. Rotary 2000 will hold a ribbon-cutting ceremony upon staff’s completion: it is anticipated that this area will see extensive use this summer.

Field Setup Underway With the emergence from winter, the field seasons are commencing and set up is underway. While the cyclical wet weather has limited opportunities to produce field sand, the users have requested net installation, restroom dewinterization, and concessions restoration. Practices are commencing, with inaugural Kayhi homestands for soccer on April 1-2, softball on April 14-15, and baseball on April 22-23.

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   Assembly - Regular 10. c.        Meeting Date: 03/21/2022  Submitted By: Jenni FoxDepartment: ClerkApproved for Submittal: Approved as to form:

InformationTITLECommittee Reports

RECOMMENDED ACTIONFor Mayor and Assembly information only; no action required.

SUMMARY OF ISSUEThe following Assembly boards, commissions, and committees have met during the period ofFebruary 4 - March 17:

Planning Commission Forest Park Service Area Board 

The following Assembly boards, commissions, and committees have upcoming meetings:

Board of Equalization (March 21 and 22) Borough-City Cooperative Relations Committee (March 24)Assembly-School Board Liaison Committee (March 30) 

The following Assembly boards, commissions, and committees have vacancies:

Board of Ethics - one alternate member seat; three year termPlanning Commission - one City of Ketchikan seat; term of office 3/2022 - 3/2025Mud Bight Service Area - one seat; term of office expiring 06/2024Loring Service Area - 2 seats vacant; terms of office expiring 06/2022, 06/2023

Information regarding the Assembly boards, commissions, and committees, along with applications forappointment, are available in the Office of the Borough Clerk.

Fiscal Impact

AttachmentsNo file(s) attached.

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   Assembly - Regular 10. d.        Meeting Date: 03/21/2022  Submitted By: Kacie PaxtonDepartment: ClerkApproved for Submittal: Ruben Duran, Manager Approved as to form: Glenn

Brown,BoroughAttorney

InformationTITLEClerk Report - Assembly Quorum Requirements Following End of State of Emergency

RECOMMENDED ACTIONStaff recommends retaining the current code language which would require a physical quorum of theAssembly at Assembly meetings, unless the borough is in a state of emergency. 

If the mayor or an assembly member wishes to request an ordinance be brought forward to amend thecode to remove the physical quorum requirement, it would be prudent for FOUR HANDS DIRECTION, inaccordance with KGBC 2.15.030(d)(1), to be provided at the March 21st Assembly meeting for anordinance to be submitted for introduction at the April 4th Assembly meeting. 

If FOUR HANDS DIRECTION is provided for an ordinance to be brought forward, staff requests theAssembly to discuss the points listed below and include direction to staff for the intent of the ordinance.

SUMMARY OF ISSUE

Suspension of Physical Quorum During State of EmergencyOn April 20, 2020, the Assembly adopted Ordinance 1907AS, which, in part, allowed for suspension ofthe physical quorum requirements for assembly members during a state of Borough emergency. TheBorough has been in a declared State of Emergency for the COVID-19 pandemic since the Assembly’sadoption of Resolution 2842 on March 17, 2020.

Proposed End to State of Emergency April 4Staff intends to bring forward a resolution ending the state of emergency for Assembly consideration atits meeting of April 4, 2022. There are many reasons for the state of emergency to end, including, but notlimited to:

COVID-19 vaccine is widely available.A large percentage of the Ketchikan population has been vaccinated or has natural immunity.The number of local cases of the virus has substantially decreased. There are ample health resources available in Ketchikan. National and international travel restrictions and mandates are scheduled to end.

  Meeting Attendance Options Expanded for Increased Accessibility

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Meeting Attendance Options Expanded for Increased AccessibilitySince the beginning of the pandemic, we have implemented the ability for electronic attendance atAssembly meetings for elected officials, staff, and the public. We have worked hard to broaden access topublic meetings and information, and the end result has been increased accessibility. We have been ableto offer attendance and representation at meetings in a variety of formats. Beginning in April, we will beimplementing a hybrid in-person and video-conference format at Assembly meetings. This new optionwill broaden the accessibility even further, and is expected to continue on as part of the “new normal.”

Physical Quorum Requirements Following State of EmergencyWith the end of the state of emergency, the requirement for a physical quorum for assembly members atassembly meetings will once again be in place. Since the declaration of the state of emergency in theBorough, there has been only one in-person Assembly meeting where there was not a physical quorum.

Should the Assembly wish to permanently remove the requirement for a physical quorum from the code,a code ordinance would be necessary to amend certain provisions. There are a few points for theAssembly to consider:

Does the Assembly, and its constituents, wish to permanently amend the code in KGBC 2.15.050 toallow electronic participation in meetings as a regular form of participating in meetings of theassembly?Does the Assembly, and its constituents, wish to retain the requirement in KGBC 2.10.110(i) forAssembly members to be physically absent from not more than three consecutive regular meetingsunless excused by the Assembly? Does the Assembly, and its constituents, wish to retain the requirement in KGBC 2.10.110(b) forAssembly members to be physically absent from the Borough for no more than 90 consecutivedays unless excused by the Assembly?

 

Fiscal Impact

AttachmentsNo file(s) attached.

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