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2022-07-07 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting July 7, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on July 7, 2022, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Administrative Official David Conrad, Borough Clerk Nova Javier, and Deputy Clerk Lina Cruz. 1. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Deputy Presiding Officer Williams 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 Assembly members Scott Arndt, Scott Smiley, James Turner, and Aimee Williams. Arndt moved to excuse Assembly Member Smith who is absent due to work matters. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF AGENDA AND CONSENT AGENDA Arndt moved to approve the agenda and the consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES (Approved under consent agenda) 1. Regular Meeting Minutes of June 16, 2022: Special Meeting Minutes of June 21, 2022; and Special Meeting Minutes of June 23, 2022 7. CITIZENS' COMMENTS The following spoke under citizen's comments. • Julie Kavanaugh • Major Dave Davis 8. AWARDS AND PRESENTATIONS — None. 9. COMMITTEE REPORTS — None. 10. PUBLIC HEARING Kodiak Island Borough Assembly Regular Meeting Minutes July 7, 2022 Page 1 of 10 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 adopt Ordinance No. FY2022-02B version 2. 6/24/22 UPDATE (Version 2) Staff received a request from the Chairperson of Monashka Bay Road Service Area Board to increase their additional budget funding from $25,000 to $65,000. 244 Monashka Bay Road Service $65,000 $2&8GW nAn n_... c_... r.___i 6/10/22 UPDATE At the 6/09 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. removed 1 • s'wrnee�•nxrx��er�. �rernc.:erg removed I. ORIGINAL AGENDA SUMMARY 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. Funds (not including Capital Project Funds) Funds are accounts established to collect money that must be used for a specified purpose The following funds are being changed with this budget amendment: Additional Transfer Current Fund Appropriation In/ Out Cash Balance 220- Building & Grounds $0 $(15,000) $718,047 240 - Womens Bay Road Service $31,000 $0 $31,132 242 - Service District #1 $45,000 $0 $1,000,183 244 - Monashka Bay Road Service $65,000 $25,000 $0 $243,097 Updated 6/24 246 - Bay View Road Service $25,000 $0 $52,961 250 - Fire Protection Area #1 $0 $2,134 $727,494 262 - Mission Lake Tide Gate $1,500 $0 $58,893 277- Tourism Development $200 $0 $85,432 278 - Commercial Passenger Vessel $155,000 $0 $47,100 530 - Solid Waste Disposal & Collection $0 $(5,250,000) $6,244,616 555 - Kodiak Fisheries Research Center $0 $(122,344) $2,652,255 (KFRC) Projects (within Capital Project Funds) Kodiak Island Borough Assembly Regular Meeting Minutes July 7, 2022 Page 2 of 10 Since most projects cover multiple years, the Borough does not create annual budgets for them. Instead, each project budget is developed when the project is originated. Throughout the life of a project, funds will cycle in and out of the perspective budgets due to continuous changes with the scope of work, expenses that are over and under original estimates, or funds remaining at project completion. The projects being amended by this budget amendment are: Capital Project Fund Project Name KFRC Fire Alarm Replacement R 426 Upgrades 428 KFRC Ozonator Fire Protection Area #1 Exterior 450 Improvement 469 East Elementary Roof 469 Island Wide UST Removal/Replacement 469- removed 6/09 469- removed 6/09 469 Main Elementary Roof Replacement 490 Leachate Aeration 469 Landfill Stage 3 Closure IncreasingRDecreasing) $(17,656) $140,000 $(2,134) $10,000 $5,000 $650,000 $2, 500, 000 $2,750,000 Deputy Presiding Officer Williams closed the regular meeting and opened the public hearing. Hearing and seeing none, Deputy Presiding Officer Williams closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY: Arndt, Smiley, Turner, and Williams. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Smiley, Turner, Williams, and Arndt. 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 adopt Ordinance No. FY2023-03. 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. Deputy Presiding Officer Williams closed the regular meeting and opened the public hearing. The following spoke during the public hearing: • Cort Neff ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, and Smiley. Kodiak Island Borough July 7, 2022 Assembly Regular Meeting Minutes Page 3 of 10 3. Ordinance No. FY2023-04 Amending Various Sections Of Title 2 Administration And Personnel, Chapter 2.100 Boards, Committees Relevant To Appointments (1 Of Borough Employees To Different Boards, Committees, And Commissions U Arndt moved to adopt Ordinance No. FY2023-04. This ordinance was 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. Deputy Presiding Officer Williams closed the regular meeting and opened the public hearing. Hearing and seeing none, Deputy Presiding Officer Williams closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Smiley, and Turner. 4. Ordinance No. FY2023-05 Amending The Kodiak Island Borough Code Of Ordinances Title 7 Elections Arndt moved to adopt Ordinance No. FY2023-05. 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 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. The Clerk's Office Staff 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. Kodiak Island Borough Assembly Regular Meeting Minutes July 7, 2022 Page 4 of 10 Deputy Presiding Officer Williams closed the regular meeting and opened the public hearing. Cort Neff spoke during the public hearing. Arndt moved to amend Ordinance No. FY2023-05 by reinstituting the language on lines 915, 916, 929, and 930 to its original wording. ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY: Arndt, Smiley, Turner, and Williams. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Turner, Williams, and Arndt. 11. BOROUGH MANAGER'S REPORT Administrative Official Dave Conrad reported on the following: The KFRC Public space containing the Aquarium and Touch Tank are now opened Thursday's and Friday's from 11:00am to 4:30pm. As our tenants in the facility include Federal agencies and they are required to wear masks within structures, the Borough is now requiring masks be worn in the public spaces for the immediate future. These requirements will be in place until the community numbers fall and Kodiak is no longer in the "High" category. Manager Search — Four applicants have submitted the required paperwork for consideration. Two are repeat applicants. The advertisements continue to be on the KIB website and with ICMA and AML. There are several more anticipated. Staff is waiting for information to present to the assembly regarding the executive recruitment firms that have been contacted. Employee Compensation Study — Proposals have been received. Staff has reviewed and is currently contacting past customers regarding satisfaction and overall performance. After the information is received the committee will meet and make a recommendation to the assembly for consideration. Active Shooter Class — Staff will be offered the ability to participate in a Webinar Active Shooter training on July 13th and a second session in August. This training is not mandatory however all staff will a encouraged to attend. Assessing — First phase oral arguments associated with the KANA case have been conducted. Staff is working with the State Assessor regarding the annual required assessment reporting. Assessing staff continues performing the required field work for the reassessment of properties within the City of Kodiak boundaries. Community Development - The new director is on board and is getting acquainted with the staff. He has been asked to discuss with department staff and other departments the need to look at code for possible revisions. Kodiak Island Borough Assembly Regular Meeting Minutes July 7, 2022 Page 5 of 10 A request has been made to identify departmental issues associated with workflow and staffing. Finance — FY2023 Community Assistance Program funding for the Kodiak Island Borough (estimated) is $459,806.25 and for Karluk is $15,789.00. Staff is inquiring if this is the final number or if there are additional funds possible after the governor has signed the budget. Remote audit follow ups are continuing. On site audit will be in September. Staff continues to work on the end of year close out and the new year start. Staff is currently preparing the FY 2023 Budget Book for the Government Finance Officers Association (GFOA) He noted that if there are questions regarding tax bills to please contact the Assessing or Finance Department early so that questions can be answered early. Engineering and Facilities — Tsunami Siren Maintenance — Contractor completed site visits 6/17 and 18. Five amplifiers were found non-functional at three locations. Vendor is performing a verification check regarding warranty coverage. Amplifiers will require replacement. KFRC Spill — Staff has been requested to provide additional information to the third - party insurer for documentation of future insurance claims. Responsible party has completed the excavation and has received permissions to transport the excavated soils. Some contaminated materials will remain due to the proximity to the foundation walls and electrical conductors and transformers. The Main Elementary roof is continuing. Work is weather contingent. The anticipated start date is prior to the scheduled start of school. Microwave equipment installation on the roof of the Kodiak High School and Chiniak School have been completed. USDA has been notified of the loan request withdrawal. Staff continues to work with the ADEC State Revolving Loan Personnel for long term low interest loan. List of Pending Items for Discussion • Disposition of Closed School Facilities — Allowable Scope for Current Staff OSHA Voluntary Compliance Visit • Continued update of the Personnel Manual ARPA Funding Assignment • Discussion Related to State Budget Completion Grant Application and Local Match Funding • Leases — Teen Court, Red Cross, Fairgrounds, KISA, Chiniak Library, Long Term Care Major Maintenance Funding for Facilities • Disposition of Mental Health Buildings • Solid Waste Collection Contract Modifications Service Area Contracts • Annual Contracts • KFRC Staffing and Funding Kodiak Island Borough Assembly Regular Meeting Minutes July 7, 2022 Page 6 of 10 • Additional Methods to Reward Employees in Personnel Manual • Vehicle Replacement • ARPA Funding — Staff has met and will be presenting the resolutions and list of approved projects to the assembly next week. All projects originally identified have had confirmation that they qualify for the ARPA fund expenditures. 12. MESSAGES FROM THE MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2023-01 Approving The Animal Control Contract For FY2022 & FY2023 With The City Of Kodiak Arndt moved to approve Contract No. FY2023-01, a two-year contract with the City of Kodiak in the sum of $150,430 for year one and $152,310 for year two for animal control services. Kodiak Island Borough Code 3.30.0200 Limitation on Manager's Authority states that the manager may not make an acquisition, sale, transfer or contract authorized by KIBC 3.30.010 if the value of the property, service, or contract exceeds $25,000 without first obtaining assembly approval. Contract No. FY2023-01 is a renewal of the existing animal control contract between KIB and the City of Kodiak (COK) that expires on June 30, 2022. KIB has traditionally contracted with COK for enforcement of KIBC 6.04 - Animal Control, in order to utilize the Kodiak Animal Shelter and eliminate the unnecessary duplication of efforts and costs. This is a 24% increase from FY2022. The City of Kodiak did not provide any information for the rate of increase, nor share the budget for that expenditure when asked by KIB. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Turner, Williams, and Arndt. 2. Contract No. FY2023-02 with Discover Kodiak to Provide Tourism and Marketing Development Services in Fiscal Year 2023 Arndt moved to approve Contract No. FY2023-02 with Discover Kodiak to Provide Tourism and Marketing Development Services in Fiscal Year 2023. This is the annual contract with Discover Kodiak to provide tourism and marketing development services for the borough in Fiscal Year 2023. This contract is in the amount of $75,000 which is the amount approved for this purpose in the fiscal year 2023 Tourism Development Fund budget. Kodiak Island Borough and Discover Kodiak staff have reviewed the contract and agree that it is ready for Assembly approval. Kodiak Island Borough Assembly Regular Meeting Minutes July 7, 2022 Page 7 of 10 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, and Smiley. 14.B. RESOLUTIONS 1. Resolution No. FY2023-05 A Resolution Of The Kodiak Island Borough Assembly Appointing A Member To The Joint Seat On The Kodiak Fisheries Development Association's Board Of Directors Arndt moved to adopt Resolution No. FY2023-05. In 2005, Kodiak was designated as an eligible crab community and in connection with such designation the Kodiak Island Borough and the City of Kodiak have the authority to jointly exercise certain rights of the first refusal with respect to processor quota shares allocated under the Bering Sea/Aleutian Island Crab Rationalization Program. The bylaws of the Kodiak Fisheries Development Association (KFDA) state, in part, that Directors shall serve for three-year terms and until their successors are appointed and qualified. Aside from assembly confirmation, this particular appointment is also subject to the confirmation of the City Council since this seat is a jointly appointed seat. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Smiley, and Turner. Deputy Presiding Officer Williams recessed the regular meeting at 7:30 p.m. for 10 minutes. Deputy Presiding Officer Williams reconvened the regular meeting at 7:40 p.m. 2. Resolution No. FY2023-06 Allocating Fiscal Year 2023 Kodiak Island Borough Nonprofit Funding Arndt moved to approve Resolution No. FY2023-06. This is the annual resolution to document the allocation of funds being awarded to local nonprofit entities after the Assembly's review of the applications and based on the amount of funding included in the budget. Arndt moved to amend Resolution No. FY2023-06 to substitute version 3. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Arndt, Smiley, Turner, and Williams. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Turner, Williams, and Arndt. Kodiak Island Borough Assembly Regular Meeting Minutes July 7, 2022 Page 8 of 10 3. Resolution No. FY2023-07 Designating Precincts, Where the Voter Turnout Was r Less Than 75 Voters At The Last Regular Elections, As Ballot By Mail Precincts IArndt moved to adopt Resolution No. FY2023-07. Ordinance No. FY2023-05 was presented to the Assembly to revise various sections to the Election Code to bring it into compliance with recent and existing laws, reflect current best practices, and meet the present needs of the voters. Included in the revision is the ability to designate precincts where the voter turnout was less than 75 voters at the last regular election as ballot by mail precincts. This designation is discretionary. Resolution FY 2023-07 would designate five precincts as by mail precincts. In by mail precincts, under no circumstance should a voter be denied of an opportunity to vote. In order to ensure that each voter has an adequate opportunity to vote, the following procedures will be conducted or made available. • Ballots will be sent to each person whose name appears on the official voter registration list. That ballot may be cast in the same manner as absentee voting by mail and can be mailed back or delivered to an election official. • Any person who does not receive a by -mail ballot may vote an absentee in -person in any of the absentee voting sites. • Any person can early vote in the Office of the Borough Clerk in Kodiak during early voting period. • Any voter may contact the Borough Clerk's Office and a new ballot will be mailed to them. • For those who are unable to go the absentee voting locations due to age, illness, or a disability, a personal representative may pick up and deliver a ballot to the voter. Four of the five of the precincts affected by this resolution are each in locations where the historical turnout has been below 75 voters for the past ten years, and the other has been below 75 voters nine of the last ten years. See the table attached showing the past turnout. Low voter turnout precincts in remote locations pose special difficulties in adequately staffing the polls with trained election workers, both due to logistical issues, potential weather problems, the low number of persons eligible to staff precincts, and the greater likelihood of close family relationships between potential election workers and candidates. By mail elections, like the recent U.S. House special election, can be conducted effectively and with confidence. Where elections conducted by mail may provide each registered voter with the opportunity to cast their vote regardless of weather or unexpected election worker staffing problems, providing by mail elections in smaller remote precincts may promote smoother elections and greater assurance that each voter has the opportunity to cast their ballot. Accordingly, it is recommended that these precincts be designated as by mail. L ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Turner, Williams, and Arndt. Kodiak Island Borough July 7, 2022 Assembly Regular Meeting Minutes Page 9 of 10 14.C. ORDINANCES FOR INTRODUCTION —None. 14.D. OTHER ITEMS Approval of a Transportation Agreement to Reimburse Relocation Expenses of the Newly Hired Community Development Director. Arndt moved to approve the Transportation Agreement for reimbursing relocation expenses of the newly hired Community Development Director. The Kodiak Island Borough Rules and Regulations, section 1105 Moving Expenses For New Employees provides for the reimbursement of moving expenses when an applicant from outside of Kodiak is hired (see attached). The recruitment for the Community Development Director resulted in an offer of employment to Mr. Scarcelli. Mr. Scarcelli has accepted the position and requested assistance with relocation to Kodiak. He has agreed to the requirements of the Transportation Agreement and signed the form. The request is now before the Assembly for approval as required. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, and Smiley. 2. Authorization Of Assembly Member Arndt's Attendance To The 2022 Summer Legislative Conference Arndt moved to authorize the travel of Assembly member Arndt to the 2022 Summer Legislative Conference. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Smiley, and Turner. 15. CITIZENS' COMMENTS Susan Smith from the Brother Francis Shelter spoke under citizen's comments. 16. ASSEMBLY MEMBERS' COMMENTS — No comments. 17. ADJOURNMENT ARNDT moved to adjourn the meeting at 7:52 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOR9_UqH William Roberts, Borough Mayor Kodiak Island Borough July 7, 2022 ATTEST. JL� l L 0 r t Nova M. Javier, Borough Clerk Assembly Regular Meeting Minutes Page 10 of 10