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2022-05-19 Regular MeetingL KODIAK ISLAND BOROUGH Assembly Regular Meeting May 19, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on May 19, 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 Deputy Clerk Lina Cruz. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Roberts led the Pledge of Allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT 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, Joseph Delgado, Jared Griffin, Geoffrey Smith, Scott Smiley, James Turner, and Aimee Williams. 5. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. APPROVAL OF MINUTES (These minutes were approved under consent agenda) 1. Regular Assembly Meeting Minutes of May 5, 2022. 7. CITIZENS' COMMENTS The following spoke under citizens' comments: • Dave Conrad • Teresa Storch 8. AWARDS AND PRESENTATIONS — None. 9. COMMITTEE REPORTS • Assembly member Smiley provided an update regarding his attendance to the School Board meeting. Kodiak Island Borough May 19, 2022 Assembly Regular Meeting Minutes Page 1 of 7 10 11 • Assembly member Williams provided an update regarding her attendance to the Southwest Alaska Municipal Conference and Cook Inlet Regional Citizens Advisory Council's meeting. PUBLIC HEARING — None. BOROUGH MANAGER'S REPORT Borough Manager Murphy provided an update on the following: • Taking strategic partnerships to improve housing in Kodiak • Provided a brief summary highlighting Borough Lobbyist Mark Hickey's report • Status on the HR grievance that was filed noting that it is at 90% completion, and it is going without arbitration • Through the Manager, E&F Director Conrad provided status regarding oil spill mitigations at KFRC • Update regarding seat apportionments on the Planning and Zoning Commission • Release of GO Bond back funding appropriations 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts thanked everyone who helped in the search and rescue for Sawyer Cipolla. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 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: Move to adopt Ordinance No. FY2022-17. ARNDT moved to postpone Ordinance No. FY2022-17 to the next Assembly Regular meeting on June 16, 2022. 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. A public hearing was held on May 5, 2022, and the Assembly postponed this ordinance to the May 19 meeting for additional discussion. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Smiley, Smith, Turner, Williams, and Arndt. 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS —None. Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2022 Page 2 of 7 I r L 14.B. RESOLUTIONS 1. Resolution No. FY2023-01 Establishing The Amount Of Funds To Be Made Available From Local Sources For The Kodiak Island Borough School District For The Fiscal Year Beginning July 1, 2022 And Ending June 30, 2023. ARNDT moved to adopt Resolution No. FY2023-01. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Delgado, Griffin, Smiley, Smith, and Williams (AYES); Arndt and Turner (NOES). 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2022-18 Writing Off The Personal Property Delinquent Taxes and Accounts Receivable Penalties, Interest, And Fees Of Those Non - collectable Accounts ARNDT moved to advance Ordinance No. FY2022-18 to public hearing at the next regular meeting of the Assembly. Staff has compiled twelve (12) personal tax accounts and one (1) accounts receivable account that have been determined uncollectable for various reasons. All legal resources have been exhausted by staff to collect. It is staffs desire for the Borough accounts to be current and properly reflect the financial status and in accordance with Generally Accepted Accounting Principles. KIB code does not identify a specific method for writing off delinquent accounts, therefore this ordinance requests the approval to write-off uncollectable accounts within the Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smith, Turner, Williams, Arndt, Delgado, Griffin, and Smiley. 2. Ordinance No. FY2022-19 Amending Kodiak Island Borough Code Title 2 Administration And Personnel, Chapter 2.40 Records Management, Section 2.40.140 Records Management Roles And Responsibilities And Section 2.40.160 Disposal of Records ARNDT moved to advance Ordinance No. FY2022-19 to public hearing at the next regular meeting of the Assembly. The Clerk's Office staff evaluated the current records destruction process and wishes to eliminate steps to increase efficiency. It has been the practice to require Assembly authorization by resolution in order for the Clerk's Office to dispose of records. When the Assembly adopts or amends the records retention schedule, it establishes full authority in advance to periodically destroy, transfer, microfilm, or take other authorized actions relative to borough records. Eliminating the resolution process will expedite the destruction of records and will provide Kodiak Island Borough May 19, 2022 Assembly Regular Meeting Minutes Page 3 of 7 flexibility for the Clerk's Office to destroy records at any time of the year. This change will still keep the Assembly informed since the proposed code amendment requires the Clerk's Office to provide a report of the records that are to be destroyed and report any obsolete records that are destroyed during the preceding year. 0 This ordinance clarifies the role of the attorney and the department directors in the process. This also addresses records that are found to have administrative value and are requested to be retained beyond their retention period. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, Delgado, Griffin, Smiley, and Smith. 3. Ordinance No. FY2022-20 Amending Title 3 Revenue And Finance, Chapter 3.30 Contract, Purchase, Sale, And Transfer Procedures Section 3.30.030 Open Market Procedures ARNDT moved to advance Ordinance No. FY2022-20 to public hearing at the next regular meeting of the Assembly. The ordinance will address the concern and would permit the manager to apply a local bidder preference to bids between the $500 and $25,000 range which the Manager may award without Assembly action. There is currently a gap between the manager's purchasing authority cap in KIBC 3.30.020 at $25,000 and the dollar amount that the local preference shall be allowed for in KIBC 3.30.030(b) at $15,000. 0 It is in alignment with KIBC 3.30.060 Local Preference, to give the Manager authority to, at his/her discretion, direct an award of a contract for the purchase of personal property or services after competitive bidding to a responsible bidder who maintains a business office or store within the borough from which the property or service would be provided, if that bid does not exceed the lowest responsible bid by more than ten percent for the totality of his/her purchasing authority cap. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Delgado, Griffin, Smiley, Smith, and Turner. 4. Ordinance No. FY2023-01 Receiving The 2022 Certified Real And Personal Property Tax Roll, Levying Ad Valorem Property Taxes For Tax Year 2022 Consisting Of An Areawide Tax, Women's Bay Fire Area Tax, A Women's Bay Road Service Area Tax, A Bay View Road Service Area Tax, A Tax In Fire Protection Service Area No. 1, A Monashka Bay Road Service Area Tax, A Tax In Service Area No. 1 Roads, A Woodland Acres Street Light Service Area, A Tax In The Service Area No. 2, A -Tax In The KIB Airport Fire Service Area, A Tax In The Trinity Islands Street Light Service Area, And A Tax In The Mission Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2022 Page 4 of 7 L Lake Tide Gate Service Area; Levying Commercial Aircraft Tax Providing For The Collection Of Taxes Due In 2022; And Setting The Date When Taxes Become Delinquent ARNDT moved to advance Ordinance No. FY2023-01 to public hearing at the next regular meeting of the Assembly. As of April 01, 2022, the areawide taxable assessed value totals are estimated at $1,494,747,221. The Assessing Department will not certify until after the Board of Equalization certifies this action to the assessor later in May 2022, ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Smiley, Smith, Turner, and Williams. 5. Ordinance No. FY2023-02 Adopting The Budget For Fiscal Year 2023 And Appropriating From All Borough Funds ARNDT moved to advance Ordinance No. FY2023-02 to public hearing at the next regular meeting of the Assembly. The FY2023 Borough budget, as offered for introduction, is a balanced budget; meaning that proposed expenditures do not exceed anticipated revenues and planned use of fund balance. The resolution required by Alaska Statute 29.45.240 for the levy of taxes will be done as Ordinance NO. FY2023-01 per KIBC 3.25.010. The ordinance will be considered at the Assembly's May 19, 2022 regular meeting and is set for public hearing on June 2, 2022. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Smiley, Smith, Turner, Williams, and Arndt. 14.D. OTHER ITEMS 1. Declaring The Seat Held By Mr. Andrew Kenneson Vacant On The Planning And Zoning Commission ARNDT moved to accept ,with regret, the resignation of Mr. Andrew Kennesson and direct the Borough Clerk to advertise the vacancy per Borough code. The Borough Planning and Zoning Commission is comprised of seven members appointed by the mayor. Commissioner seats are apportioned as such: three for the City of Kodiak and four for the Borough. This action will create one vacancy on the Commission and the vacancy will be advertised two weeks in a row as required by Borough code. Kodiak Island Borough May 19, 2022 Assembly Regular Meeting Minutes Page 5 of 7 15. 16. Mr. Kenneson was initially appointed to the Board in May 2021, and he advised that he will be relocating from Kodiak this summer. We would like to thank Mr. Kenneson for his service. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Smiley, Smith, Turner, Williams, Arndt, and Delgado. 2. Good Cause Determinations For Senior Citizen Exemptions And Disabled Veteran Exemption-- Multiple Properties Twenty applicants, as of March 29, 2022, have been denied at the administrative review level for late filing of their Senior Citizen or Disabled Veteran Exemption application. Only 4 complied with the requests for Good cause determinations and are being brought forth for the Assembly to determine good cause. The following are the decisions made on the four submissions: 1. The Assessor's decision was upheld for Mr. Mark Olsen's appeal. 2. The senior citizen exemption was granted for Mr. Weston Fields appeal. 3. The Assessor's decision was upheld for Ms. Constance Olsen's appeal. 4. The senior citizens exemption was granted for Ms. Lucy Squartsoffs appeal. At the end of each appeal, Mayor Roberts stated the following: According to Appellate Rule 602, the Appellant or the Assessor has the right of appeal to the Superior Court of the State of Alaska from the final decision. Should you wish to exercise your right of appeal, you must do so by notifying the Borough attorney and initiating the process within 30 days from the date of this written decision. Failure to do so will forever bar you from any appeal of this case. CITIZENS' COMMENTS The following spoke under citizens' comments. • Teri Storch ASSEMBLY MEMBERS' COMMENTS • Assembly member Williams expressed appreciation to Bayside Fire Chief Finlayson for his service during the search for Sawyer Cipolla. She also thanked all the community members for the great community support. • Assembly member Smith concurred with Assembly member Williams and noted that the community support makes Kodiak such an amazing place to live in. He expressed his condolences to the Cipolla family. • Assembly member Arndt agreed with the previous comments. • Assembly member Delgado appreciated the Service Area Board Chairpersons at the last meeting. He commented regarding granite quarry and opening that up to Kodiak area. • Assembly member Turner noted that the Kodiak radio stations would be willing to accept volunteers who may want to take some of the air space for expression of conservative views. He noted that it was not easy to vote no to the School Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2022 Page 6 of 7 r L District budget resolution. He stated that that being on the Assembly requires them to make tough decisions and urge everyone to focus on the task at hand. 17. ADJOURNMENT ARNDT moved to adjourn the meeting at 9:01 p. m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. William Roberts, Mayor Kodiak Island Borough May 19, 2022 ATTEST: �fiM-�A - Q4V" Nova Javier, Borough Clerk Assembly Regular Meeting Minutes Page 7 of 7