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2022-04-21 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting April 21, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on April 21, 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, Geoffrey Smith, James Turner, and Aimee Williams. ARNDT moved to excuse Assembly members Griffin and Smiley who were absent due to sickness. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY 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 A. Assembly Regular Meeting Minutes of January 10, 2022; January 20, 2022; February 3, 2022; February 17, 2022; March 3, 2022; March 17, 2022; April 7, 2022; and Assembly meeting of February 28, 2022. These minutes were approved under consent agenda. 7. CITIZENS' COMMENTS • Cort Neff spoke on the budget and elected official's compensation. 8. AWARDS AND PRESENTATIONS Kodiak Island Borough Assembly Regular Meeting Minutes April 21, 2022 Page 1 of 6 a 10 COMMITTEE REPORTS • Assembly Member Arndt gave an update on the Cook Inlet Regional Citizen's Advisory Council Board of Directors meeting. • Assembly Member Williams reported on the Prince William Sound Regional Citizens Advisory Council onboarding training. She will be attending the annual meeting on May 4-7. She gave an update on SWAMC Comprehensive Economic Development Strategy. • Assembly Member Turner reported that the Consolidation Committee discussed topics such as streetlights and emergency services. They will continue to work on other services. • Assembly Member Delgado reported on the Kodiak Island Regional Leadership Forum noting one of the major topics discussed was by -catch fisheries. • Assembly Member Smith announced that the Parks and Recreation Committee is actively looking for members. PUBLIC HEARING 1. Ordinance No. FY2022-14 Amending Kodiak Island Borough Code Section 17.145.070 Regarding Communication Tower Approval Criteria ARNDT moved to adopt Ordinance No. FY2022-14. This ordinance is presented before the Assembly to bring changes to KIB 17.145.070 Approval Criteria pertaining to communication towers and other tall structures. The P&Z Commission hears cases monthly. Per KIBC 17.15.050, Approval by planning and zoning commission, the commission shall make its findings within 90 days after the date of the next available meeting agenda deadline. However, KIBC 17.145.070, Communication Towers and other tall structures only gives 60 days for CDD to prepare its findings to take to the Commission. KIBC 17.145, attached, shows there are numerous conditions that must be met and additional technical paperwork that must be supplied to the Commission. The P&Z Commission approved the following updates on KIBC 17.145 and is asking for the Assembly to approve the changes so that KIBC 17.145.070 will follow and be similar to all other zoning cases that may go before the Commission. Mayor Roberts closed the regular meeting and opened the public hearing. Hearing and seeing none, Mayor Roberts closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Smith, Turner, and Williams. Kodiak Island Borough Assembly Regular Meeting Minutes April 21, 2022 Page 2 of 6 J LI' 2. Ordinance No. FY2022-16 Establishing An Opioid Settlement Fund ARNDT moved to adopt Ordinance No. FY2022-16. A broad coalition of states and subdivisions have now reached final agreements with several manufacturers and distributors of prescription opioids. These agreements resolve legal claims against those companies stemming from actions that fueled the opioid addiction epidemic. The states involved have reached a tentative settlement with the Settling Companies for about 26 billion dollars to be paid over 18 years. The State's share is about $49 million and municipalities would be entitled to approximately 15% of the amount the state receives. The Borough's share is around $10,000 a year for the next 10-18 years. The assembly approved participation in the agreement along with the terms of the settlement negotiated by the State of Alaska with Resolution No. FY2022- 10. Since the terms of the settlement restrict expenditures of the settlement funds to certain purposes, as well as the long-term nature of the settlement distribution, staff believes it is in the Borough's best interest to create a separate special revenue fund to account for the money and future reporting requirements. Mayor Roberts closed the regular meeting and opened the public hearing. Hearing and seeing none, Mayor Roberts closed the public hearing and reconvened the regular meeting. ROLL CALL_ VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Smith, Turner, Williams, and Arndt. 11. BOROUGH MANAGER'S REPORT The Borough Manager reported on the following: • Alleviating concerns regarding Alaska Waste commercial fee • Relocating Chiniak school dumpster for safety reasons • Attending Kana Round Table on Tuesday, April 26 • Working with Borough attorney regarding Karluk and Larsen Bay school facilities • Provided updates regarding information from Borough Lobbyist Mark Hickey • Gave an update on Opiod funding • Provided an update regarding meeting with the previous Clerk and addressed her requests for documents • Working with Clerk Javier and other Departments regarding discovery requests for an ongoing trial the Borough is working on. • Followed up with OSHA regarding documents needed to complete some work 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts reported on resolving issues about dumpsters and backward funding of school bond reimbursement. Kodiak Island Borough Assembly Regular Meeting Minutes April 21, 2022 Page 3 of 6 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2021-17 Change Order No.1 With CH2M Hill Engineers For Services During Construction For The Landfill Stage 3 Closure Project In An Amount Not To Exceed $25,000 ARNDT moved to authorize the Manager to execute Change Order No. 1 to Contract No. FY2021-17 with CH2M Hill Engineers for services during construction for the Landfill Stage 3 Closure project in an amount not to exceed $25,000. In April 2021 the Assembly approved a contract with CH2M Hill Engineers for design, bidding assistance, and services during construction for the Landfill Stage 3 Closure project. Design was completed in October 2021, the project was issued for public bid in November 2021, and the Assembly awarded a contract to the low bidder in January 2022. In March 2022, CH2M Hill notified KIB staff that the design and bidding phases had required more resources than anticipated, and there were not sufficient funds available to complete the project. Some of these additional costs can be attributed to correspondence with the United States Department of Agriculture (USDA) Rural Development (funding source) which required extensive review and modifications to standard bid and contract specifications to meet USDA requirements. Additionally, during the bid process there were extended conversations with KIB staff about adding blasting and processing of rock as part of the project scope. Ultimately the bid specifications were modified to add blasting and processing of rock required for the contractor to complete the project, and an additional unit price was added for blasting and processing of additional rock for future landfill cover. Due to these unanticipated scope items the consultant costs for design and bidding exceeded the available budget, and additional funds are required to complete the construction phase. Services during construction includes reviewing and responding to Requests for Information, reviewing submittals, and attending project meetings. Staff has reviewed the costs submitted to date and the proposed additional costs and feels the request is reasonable. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Turner, Williams, Arndt, and Delgado. 14.8. RESOLUTIONS None. 14.C. ORDINANCES FOR INTRODUCTION Kodiak Island Borough Assembly Regular Meeting Minutes April 21, 2022 Page 4 of 6 L 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 ARDNT moved to advance Ordinance No. FY2022-17 to public hearing at the next regular meeting of the Assembly. 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 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. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, Delgado, and Smith. 14.D. OTHER ITEMS Authorization For Fire Protection Area No. 1 To Move Forward With The Advertisement Of The Invitation For Bid For Bayside Fire Station Chiefs Response Vehicle Purchase ARNDT moved to authorize Fire Protection Area No. 1 to move forward with the advertisement of the invitation for bid for Bayside Fire Station Chiefs Response Vehicle Purchase. Bayside Fire Chief Lee Finlayson and the Fire Protection Area 1 Board have decided on what type of vehicle they would like to obtain for the new Chiefs response vehicle. The process for purchasing this vehicle has been ongoing since the Spring of 2020. Research has been done on what specifications they would like on the vehicle, and they have moved forward with producing an invitation for bid package with the assistance of KIB Staff. Fire Protection Area No. 1 would like the Assembly's authorization to move forward on the advertisement of the invitation for bids prior to advertising. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO ONE: Williams, Arndt, Delgado, and Smith (AYES); Turner (NO). 15. CITIZENS' COMMENTS • Patrick Cummings • Nick Szabo 16. ASSEMBLY MEMBER' COMMENTS • Assembly Member turner reported on different recycling options available for the Kodiak community. • Assembly Member Delgado thanked staff for their support in preparing for meetings. Kodiak Island Borough April 21, 2022 Assembly Regular Meeting Minutes Page 5 of 6 Assembly Member Arndt spoke on school bond debt reimbursement from the State. Assembly Member Smith advised the community to reach out to State Officials to regarding backfunding of school bond reimbursements. Assembly Member Williams encouraged the community to get out and participate with the community clean-up day scheduled on May 7. She also commented on the ongoing bear issues. 17. ADJOURNMENT ARNDT moved to adjourn the meeting at 7:20 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND O�OUGH ! i /ff William Roberts, Mayor Kodiak Island Borough April 21, 2022 ATTEST: Nova M. Javier, MMC, B rough Clerk Assembly Regular Meeting Minutes Page 6 of 6 1 n El '