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2022-06-16 Regular MeetingL Kodiak Island Borough Assembly Regular Meeting June 16, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on June 16, 2022, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Roxanne Murphy, Borough Clerk Nova Javier, and Assistant Clerk Kristle Blanco. INVOCATION The invocation was given by Sargent Major Dave Blacketer of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Roberts led the Pledge of Allegiance 3. STATEMENT OF LAND ACKNOWLEDGEMENT Mayor Roberts announced that we are gathered on the traditional homeland of the Sugpiaq, Alutiiq people and acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Mayor William Roberts, Assembly members Scott Arndt, Scott Smiley, James Turner, and Aimee Williams. WILLIAMS moved to excuse Assembly Member Delgado, who is absent due to medical reasons, Assembly Member Griffin who is absent due to personal leave, and Assembly Member Smith who is absent due to work matters. VOICE VOTE ON MOTION FAILED 5. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda and the consent agenda. ARNDT moved to amend the agenda by moving Contract No. FY2022-40 under Item17, Executive Session. VOICE VOTE ON MOTION TO AMENDED CARRIED UNANIMOUSLY. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. APPROVAL OF MINUTES (Approved under consent agenda) 1. Special Meeting Minutes of May 26, 2022, and Regular Meeting Minutes of June 2, 2022. Kodiak Island Borough Assembly Regular Meeting Minutes June 16, 2022 Page 1 of 8 7. CITIZENS' COMMENTS Mr. John Whiddon from KEDC spoke under citizen's comments: 8. AWARDS AND PRESENTATIONS 1. Proclamation Declaring June 12-18, 2022, As Alaska Invasive Species Awareness Week and Proclamation Declaring June 2022 As Pride Month Mayor Roberts, recognized the week of June 12-18, 2022, as Alaska Invasive Species Awareness Week and June 2022 as Pride Month in Kodiak Saluting PRIDE In The LGBTQIA+ Community of Kodiak. 9. COMMITTEE REPORTS — None. 10. PUBLIC HEARING — None. 11. BOROUGH MANAGER'S REPORT The Borough Manager reported on the following: • Reached out to UAA and UAF and encouraged them to apply for Nonprofit funding • Received clarification from the Attorney regarding Ordinance No. FY2022-17 • Thanked Finance Director and Clerk for their assistance with Resolution No. FY2022-28 • Wrote letter of support for the Interpretive Support Specialist at KFRC • Update on the animal control contract • Environmental Assessment report for Mental Health Building was completed and will be distributed to the Assembly • Main Elementary roof work will soon commence • Hospital concrete wall almost done • Received four applicants for the compensation study • Provided update on a Landfill project • Adjust altitude and foothills challenge 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts wished his wife, Sheila Roberts, a Happy Birthday. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 1. Ordinance No. FY2022-17 Amending Kodiak Island Borough Code Section 2.30.020 General Rules By Removing The Provisions That Pertain To Declaration Of A Disaster Or Emergency The motion that is on the floor is to move to adopt Ordinance No. FY2022-17. On May 14, 2020, the Assembly adopted Ordinance No. FY2020-19 and amended KIB Section 2.30.020 General Rules in response to declaring disasters or emergency during the COVID-19 pandemic. During the April 14, 2022, work session, the Assembly discussed and requested that an ordinance be introduced to remove the provisions that were put in place by Ordinance No. FY2020-19. The Assembly wishes to revisit this topic at a later time. Kodiak Island Borough Assembly Regular Meeting Minutes June 16, 2022 Page 2 of 8 L • On May 4, 2022, a public hearing was held on this ordinance. The Assembly postponed this ordinance to the May 19, 2022, meeting for additional discussion. • On May 19, 2022, the Assembly postponed this ordinance to the June 16 regular meeting to consider a version 2 of the ordinance. ARNDT moved to amend Ordinance No. FY2022-17 by substitution with Version 2. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED UNANIMOUSLY: Arndt, Smiley, Turner, and Williams. TURNER moved to amend Ordinance No. FY2022-17, Line 58 to read "28 days" versus "30 days". ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Smiley, Turner, William, and Arndt. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Turner, Williams, Arndt, and Smiley. 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS Contract No. FY2022-40 Approval Of The Borough Clerk Employment Agreement With Nova M. Javier, MMC ARNDT moved to approve Contract No. FY2022-40 employment agreement with Nova M. Javier, MMC. The Borough Clerk is hired by and works directly to the Borough Assembly under contract. On April 4, 2022, the Assembly entered into a temporary employment agreement with Ms. Javier to fill the position of the Interim Clerk position. On May 10, 2022, the Borough Clerk position was advertised in house and an application was received from Ms. Javier. At the May 26, 2022, Work Session, the application was presented to the Assembly and direction was given to the Manager to draft an employment agreement for the Clerk. ARNDT moved to enter into executive session to discuss the Borough clerk employment under the authority of KIBC 2.30.030(F) for the purpose of discussing matters which may tend to prejudice the reputation or character of the person, who has been notified of the potential executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Smiley, and Turner. ARNDT moved to invite the Mayor and Assembly. Clerk Javier will be invited in at a later time. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Kodiak Island Borough June 16, 2022 Assembly Regular Meeting Minutes Page 3 of 8 Mayor Roberts recessed the regular meeting and convened into executive session at 8:45 p.m. At 9:30 p.m. Mayor Roberts reconvened the regular meeting and announced that alterations to the contract will be made based on the negotiations held during executive session. 14.13. RESOLUTIONS 1. Resolution No. FY2022-28 Of The Assembly Of The Kodiak Island Borough Approving Funding Of The Kodiak Economic Development Corporation (KEDC) ARNDT moved to adopt Resolution No. FY2022-28. The attachments provided in this packet were provided by Mr. Whiddon from KEDC. Mr. Whiddon noted in his email that KEDC is planning on applying for an EDA grant to develop a Local Economic Development Plan (LEDP) similar to the Haines 5 -year Economic Development Plan (attached). Because KANA developed a regional CEDS (attached) that focuses primarily on the rural regions of Kodiak, there is no current economic data for the Kodiak road system. The LEDP would be developed in lieu of an actual CEDS and would include more specific detailed data about key industries and economic trends in Kodiak. Included in the packet is a Project Tracker that identifies the various projects that KEDC is currently pursuing. Mr. Whiddon intends to update the Assembly at the meeting on Thursday night. The resolution, if approved, would allow the Borough to enter into a grant agreement granting KEDC $20,000 to be used for purposes of working on the yet uncompleted tasks on the task list presented. While these funds would not be the only fund source, and are not sufficient to complete all tasks, they would assist in completion of these tasks, and expenditure of the funds would be restricted to the tasks listed. ROLL CALL VOTE ON MOTION FAILED ONE TO THREE: Arndt (No); Williams, Smiley, and Turner (AYES). 2. Resolution No. FY2023-02 Re -Establishing The Fees Of The Kodiak Island Borough ARNDT moved to adopt Resolution No. FY2023-02. 06113 UPDATE Staff attached the City of Kodiak's Resolution Number 2022-14 which amended their building and construction fees - approved June 9, 2022. Kodiak Island Borough Assembly Regular Meeting Minutes June 16, 2022 Page 4 of 8 F1 ORIGINAL AGENDA SUMMARY KIB Code 3.10.190 ordains that all fees be reviewed on an annual basis. Staff has compiled a list of recommended changes to the current fee schedule for fiscal year 2023 as shown on the attached exhibit. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Smiley, Turner, and Williams. 3. Resolution No. FY2023-04 A Resolution Of The Assembly Of The Kodiak Island Borough, Declaring That The Existing Apportionment Of The Kodiak Island Borough Assembly Meets The Standards Of As 29.20.060 And Is Consistent With The Equal Representation Standards Of The Constitution Of The United States; Placing On The Ballot For The October 4, 2022, Regular Borough Election, The Question To Retain The Existing Form Of Assembly Representation ARNDT moved to adopt Resolution No. FY2023-04. The Alaska Redistricting Board adopted the final Proclamation of Redistricting on November 10, 2021, and on April 13, 2022, the Board adopted an amended proclamation plan. Per Alaska Statutes, the Assembly shall determine and declare by resolution whether the existing apportionment of the Assembly meets the standards of AS 29.20.060. At the June 9, 2022, work session, the Assembly expressed their intent to move forward in presenting a proposition to voters at the upcoming municipal election that would retain the existing form of Assembly representation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Turner, William, and Arndt. 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2022-02B An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2022-02, Fiscal Year 2022 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects ARNDT moved to advance Ordinance No. FY2022-02B to public hearing at the next Assembly regular meeting on July 7, 2022. 6110122 UPDATE At the 6109 work session a question was asked about a transfer request of $1,908,182 between two projects within the Fund 469 Renewal and Replacement. Since the staff member requesting the transfer is unavailable, the item is being removed from the ordinance. ORIGINAL This ordinance presents the net changes for additional funding requests which occurred during the current fiscal year for items or circumstances not known or expected during the initial creation of the FY2022 Budget. Kodiak Island Borough Assembly Regular Meeting Minutes June 16, 2022 Page 5 of 8 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, and Smiley. 2. Ordinance No. FY2023-03 Amending Pertinent Sections in Kodiak Island Borough Code Chapter 2 Administration and Personnel to Amend the Mayor and Assembly Compensation ARNDT moved to advance Ordinance No. FY2023-03 to public hearing at the next regular meeting of the Assembly on July 7, 2022. The Assembly appropriated sufficient funds in the fiscal year 2023 budget to provide for an increase in the monthly allowance paid to the Mayor and Assembly. The last review and increase of the mayor and assembly compensation was from August 2007. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Smiley, and Turner. 3. Ordinance No. FY2023-04 Amending Various Sections Of Title 2 Administration And Personnel, Chapter 2.100 Boards, Committees Relevant To Appointments Of Borough Employees To Different Boards, Committees, And Commissions ARNDT moved to advance Ordinance No. FY2023-04 to public hearing at the next regular meeting of the Assembly on July 7, 2022. The attached ordinance is presented at the request of Assembly members. This is to consider the prohibition of borough employees from serving on borough boards, committees, and commission in order to uphold, promote, and demand the highest standards of ethics from all of its employees and officials. This ordinance does not address elected officials or borough employees serving on service area boards. KIBC 7.20.020 (C) authorizes employees on service area boards. KIBC 2.110.030 for the Emergency Services Council includes a manager's designee who may be an employee. This ordinance is not intended to alter those provisions. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Smiley, Turner, and Williams 4, Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordinances Title 7 Elections ARNDT moved to advance Ordinance No. FY2023-05 to public hearing at the next regular meeting of the Assembly on July 7, 2022. The last all-inclusive change to Title 7 was from May 2009. It is timely to review and revise the current code and find ways to simplify and streamline the process. The Clerk's Office staff went through each section in the entire Title 7 and proposed revisions. All the revisions were reviewed by the Borough attorney to Kodiak Island Borough Assembly Regular Meeting Minutes June 16, 2022 Page 6 of 8 L make sure that voter's rights are protected, and all applicable statutes are followed. The Borough Assembly reviewed the initial draft at the June 9, 2022, work session. Version 2 of the ordinance is now presented with revisions that staff recognized that there may be Assembly consensus. Comments are on the right- hand side of the pages where changes have been made. We are ever mindful of the rising cost of running an election. This code revision scrutinized various ways of reducing costs by exploring other avenues of advertising and eliminating redundancy. This code also takes into consideration that we are now subject with the Voting Rights Act, Section 203 and we are going to be doubling our costs by advertising in English and in the Filipino language. There will or may be costs associated also with translation services and pamphlet printing in Filipino. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Turner, Williams, and Arndt. 14.D. OTHER ITEMS — None. 15. CITIZENS' COMMENTS — None. 16. ASSEMBLY MEMBERS' COMMENTS • Assembly member Arndt wished everyone a Happy Fourth of July Holiday. • Assembly member Smiley expressed his thoughts on invasive species. 17. EXECUTIVE SESSION 1. Borough Manager's Performance Evaluation ARNDT moved to convene into executive session to discuss Borough Manager's Performance Evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice a character or reputation of a person. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Smiley, Turner, and Williams. ARNDT moved to invite the Mayor and Assembly members into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Mayor Roberts recessed the regular meeting and convened into executive session at 8:45 p.m. At 9:30 p.m. Mayor Roberts reconvened the regular meeting and announced no action was taken as a result of the executive session. Kodiak Island Borough June 16, 2022 Assembly Regular Meeting Minutes Page 7 of 8 17. ADJOURNMENT ARNDT move to adjourn the meeting at 9:30p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND B CAH William Roberts, Mayor Kodiak Island Borough June 16, 2022 ATTEST: N va Javier, Borough CI rk M Assembly Regular Meeting Minutes Page 8 of 8 r�W Ll El