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2022-10-20 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY Assembly Regular Meeting October 20, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on October 20, 2022, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Interim Borough Manager David Conrad, Borough Clerk Nova Javier, and Assistant Clerk Kristle Blanco. 1. 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 we 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, Jared Griffin, Geoffrey Smith, Scoff 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. ARNDT moved to suspend the rules of the Assembly to take action on Resolution No. FY2023-14 Ratifying And Certifying The Results Of The October 4, 2022, Regular Municipal Election under Item 8, Awards and Presentations. ROLL CALL VOTE ON MOTION TO SUSPEND THE RULES: Arndt, Griffin, Smiley, Smith, Turner, and Williams. 6. *APPROVAL OF MINUTES (Approved under consent agenda) Special Meeting Minutes of September 29, 2022; Regular Meeting of October 6, 2022; Special Meeting of October 11, 2022; and Special Meeting of October 13, 2022. CITIZENS' COMMENTS The following spoke under citizen's comments: • Lisa Zeimer Kodiak Island Borough Assembly Regular Meeting Minutes October 20, 2022 Page 1 of 10 8. AWARDS AND PRESENTATIONS A. Administration of Oath of Office to Newly Elected Officials Mayor Aimee Williams, Assembly Member Larry Ledoux, and Assembly Member Jared Griffin Borough Clerk, Nova M. Javier administered the oath of office to newly elected Mayor and Assembly Members and they will officially take office on Monday, October 24. Assembly member Delgado will be administered his oath of office upon his return from his leave. B. Presentation To Outgoing Mayor Bill Roberts Deputy Presiding Officer Williams presented a certificate to outgoing Mayor William Roberts. Mayor Bill Roberts served as the Borough Mayor from October 2019 to October 2022. The Kodiak Island Borough recognizes and thanks him for his service. C. Presentation To Outgoing Assembly Member Scoff Arndt Deputy Presiding Officer Williams presented a certificate to outgoing Assembly member Arndt. Assembly member Scoff Arndt has served multiple terms as a Borough Assemblymember. He was initially elected to the Assembly in October of 1980. The Kodiak Island Borough recognizes and thanks him for his service. 9. COMMITTEE REPORTS None. 10. PUBLIC HEARING A Ordinance No. FY2023-09 Adopting Proposed Changes To The Kodiak Island Borough Salary Schedules TURNER moved to adopt Ordinance No. FY 2023-09 In June 2022, the assembly directed the manager to request proposals (RFP) for a compensation study. Although the compensation study was not approved, several members of the Assembly felt it was timely to adjust the current pay schedule for employees while they continue to explore potential salary study options. Staff was directed to evaluate the cost of shifting the current pay schedules over by two columns and the estimated annual cost is as follows: $ 150,304 Annual Gross Pay Increase from Current to Proposed 33,067 Annual Retirement Contribution Increase on Proposed Pay Increase Kodiak Island Borough Assembly Regular Meeting Minutes October 20, 2022 Page 2 of 10 11,498 Annual Payroll Tax Increase on Proposed Pay Increase 4,509 Annual Worker's Comp. Insurance for Proposed Pay Increase $ 199,378 Total Estimated Annual First Year Cost for Proposed Pay Increase Attached to the ordinance are revised pay schedules for both bargaining unit positions and non -bargaining unit positions. 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 FIVE TO ONE: Smiley, Smith, Turner, Williams, and Griffin (AYES); Arndt (NO). 11. BOROUGH MANAGER'S REPORT Interim Borough Manager Dave Conrad reported on the following: Information Technology Department Surplus Sale was successful and raised $790.00. The buyers were pleased, and the remaining unsold electronics were recycled at Thresholds. Thanks to the bidders and Thresholds for reuse and recycling. Bridge Investment Planning Grant Award — This morning he received an email originating with the AKDOT Statewide Hydraulics Engineer sharing the White House press for this grant award. The Kodiak Island Borough received $1,288,000 grant funding for the Sargent Creek and Russian River Bridges Planning Study. This grant application was submitted in cooperation with the State of Alaska Department of Transportation and the Alaska Municipal League (AML). Many thanks are due to our cooperators for their assistance in preparing a very short grant turn around submission. Staff is waiting for an announcement regarding application for grant funding from the Alaska Department of Homeland Security and Emergency Management for additional funding related to the hydrology analysis required for the previously referenced project in the Bells Flats area. PKIMC — He has signed and provided a Memorandum of Understanding to Providence at the request of Karl Hertz. The MOU documents the borough's ongoing support for the Providence participation in the 340E Drug Program to cooperate with the local government to ensure that the provide commits to providing health care services to low-income individuals who are not entitled to Medicare and Medicaid benefits at no or considerably less than full reimbursement. There is no cost for the borough to be the cooperating government. This MOU has been in place for multiple years. Meetings are scheduled with PKIMC for October 26 to discuss priority capital projects. The acceptance of the Providence offer proposal to finalize the costs associated with Kodiak Island Borough October 20, 2022 Assembly Regular Meeting Minutes Page 3 of 10 the two fuel spills on the hospital and Long -Term Care facility will be discussed and hopefully finalized. KIBSD — The Peterson HVAC and Roof Replacement Project estimated cost was received yesterday from Jenson Yorba Wall. He will discuss the proposal on October 25 with the architect. The cost is approximately $70,000 for project design, development, and assembly of the bid ready package. In addition, a professional 95% cost analysis and services during construction will be provided. This will be reviewed and presented in November for consideration and approval. Staff began conversations with the district regarding the cooperative effort to replace the existing school warning lights at Eat Elementary on Rezanof and Benny Benson. He met today with Superintendent Mika regarding various topics. The condition and consideration of the condition of the pool, East Elementary Roof and Siding, Peterson HVAC, and Roof Replacement, Chiniak Well and Water System were some of the topics. The Main Elementary roof has been completed. Final inspection is pending. The East Elementary School parking lot patching has been completed. Assessing — KANA case — Working on follow up information after depositions. Attorney will be on island October 27 for additional depositions. December 12,13, 14 tentative trial dates. Assessing staff continues performing the required Feld work for the reassessment of properties within the City of Kodiak boundaries. Staff is updating and preparing for the distribution of the updated senior citizen and disabled veteran exemption applications and the personal property filing forms. Community Development - Meetings with staff to ensure customer service and the departments functionality during this recent transition have been completed. Staff are working on various permits and applications. Spruce Cape subdivision has been placed on hold by Dowl Engineering. Awaiting preliminary plat submission. Mill Bay Plaza is being reviewed for final plat and continuing. Finance — He worked with the Finance staff and applied for the second ARPA tranche of 1.26 million. Staff continues to monitor additional funding opportunities associated with the federal monies available. Staff wishes to thank all the property owners who paid the property tax by the October 17 due date. Thank you for your patience during the process. Engineering and Facilities — KRFC — Awaiting confirmation from GSA regarding the funding and acceptance of the Kodiak Island Borough Assembly Regular Meeting Minutes October 20, 2022 Page 4 of 10 I r L apparent low bidder for the Carpet Replacement Project at KFRC. Anticipate the award announcement the week of October 24. Upon written confirmation staff will request that these associated contracts are added to the agenda for approval. Bulldozer Procurement — Dozer rebuild continues. Service Area Contracts — Contract development are required for renewal and implementation. Landfill — Work is continuing at the site. Three more blasting events will occur prior to the end of October. Rock processing is continuing. Work will continue as the weather allows. An article has been published in the Kodiak Daily Mirror regarding the excess and illegal depositing of waste at the Dark Lake Dumpster site primarily. Thanks to the Kodiak Daily Mirror for noticing and cooperating with the staff to publish this article. This will be the start of an educational campaign to let the solid waste rate payers know that these actions will likely raise the cost of your garbage disposal rates. A presentation is being prepared and to discuss the excessive amounts of garbage, green waste, appliances, and large items being dumped illegally at the various dumpster sites. The effort for the staff to handle and transport these items to the landfill has become untenable and costly to the enterprise fund. Leachate Treatment Plant - Under slab piping has been installed and electrical conduit installation is progressing. Anticipate the contractor to pour the slab within the next two weeks. The slab will be protected for the winter and construction will resume in the Spring of 2023. Staff is preparing the documents for the request of low interest loans from the ADEC State Revolving Loan Questionnaire. This request will be for 4.45 million dollars. Larsen Bay School Property — Draft copies of the various documents have been received from the borough attorney. He will share the disposal documents with the assembly and Larsen Bay Tribal Council for review and comment. List of Pending Items for Discussion • Bayside Classroom Addition • Disposition of Closed School Facilities — Allowable Scope for Current Staff OSHA Voluntary Compliance Visit — Rescheduled for October • Continued update of the Personnel Manual ARPA Funding Reporting is continuing. • Grant Application and Local Match Funding — Approval for application prior to expending staff time. • Leases — Teen Court, Red Cross, Fairgrounds, KISA, Chiniak Library, Long Term Care Major Maintenance Funding for Facilities • Disposition of Mental Health Buildings — Information provided to the assembly Solid Waste Collection Contract Modifications • Service Area Contracts • Annual Contracts • Additional Methods to Reward Employees in Personnel Manual • Vehicle Replacement • Funding opportunities for road repairs and improvements. Kodiak Island Borough October 20, 2022 Assembly Regular Meeting Minutes Page 5 of 10 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts expressed that tonight's last meeting was bittersweet. He thanked all current and past assembly members. He said it has been a pleasure most of the time working with the assembly even at times when they butted heads. Mayor Roberts encouraged everyone to run for the assembly to help make a difference. He emphasized the importance to vote and that a vote makes a difference specially with recent election where two members had very thin margins. He also stated to not sit around and complain about the government if you are not willing to vote or run for office. He ended his message with one last sincere thank you to everyone and said he'll see everyone around, hopefully not from the assembly dais. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS — None. 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS —None. 14.6. RESOLUTIONS Resolution No. FY2023-14 Ratifying And Certifying The Results Of The October 4, 2022, Regular Municipal Election ARNDT moved to adopt Resolution No. FY2023-14. The local regular municipal election was held on Tuesday, October 4, 2022. The Canvass Board met on October 12-13, 2022, and examine in detail all early voting, by -mail ballots, absentee ballot by mail, write ins, personal representative ballots, questioned ballots, and accountability reports from each of the precincts of the Kodiak Island Borough. At the completion of canvass, it was determined that the difference between two candidates for the three-year assembly race was within two percent or less; therefore, the Clerk initiated a recount. The Clerk also gave notice to the interested parties. With no objection from the interested parties, the Canvass Board was appointed as the Recount Board and conducted the recount of ballots in an open proceeding. Upon completion of the recount, the Recount Board certified and presented the attached results to the Assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Smiley, Smith, Turner, Williams, and Arndt. 14.C. ORDINANCES FOR INTRODUCTION Ordinance No. FY2023-02A An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2023-02, Fiscal Year 2023 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. FY2023-02A to public hearing at the next regular meeting of the Assembly on November 3, 2022. Kodiak Island Borough Assembly Regular Meeting Minutes October 20, 2022 Page 6 of 10 I L 10/13/22 REVISION During the 10/13/22 work session, a request was made to remove the Tourism Development budget adjustment because the financial information did not include the first quarter transient accommodation revenues which are not due until 10/30/22. Item will be addressed in future amendments. 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 FY2023 Budget. Staff was asked to provide quarterly cost information for the receptionist position at the Kodiak Fisheries Research Center (KFRC) and make arrangements for transfers from the General Fund to fund the position. That position costs roughly $5,200 a month for 2 days a week. As of 9/26/22, the Tourism Development Fund has a current FY2023 deficit of $11,000. 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: Fund Additional Transfer Current Appropriation In/(Out Cash Balance 10g General Find 10/13 $0 ($TBD) $9,"� 041,922 Revision 220 - Building & $0 ($45,000) $669,320 Grounds 277 - Teurio.n Develepment $0 $TBD $69;5O1 10/13 Revision Projects (within Capital Project Funds) 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 415 455 Project Name Peterson Elementary Roof Replacement Tsunami Siren Upgrades - 2020 Increasing/(Decreasing) $45,000 ($105,041) ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Turner, Williams, Arndt, Griffin, and Smiley Kodiak Island Borough October 20, 2022 Assembly Regular Meeting Minutes Page 7 of 10 2. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Interests To Lease The Property At 717 E. Rezanof Drive Pursuant To A Competitive Request For Proposals Process Which Waives Certain Disposal Procedures ARNDT moved to advance Ordinance No. FY2023-11 to public hearing at the next regular meeting of the Assembly on November 3, 2022. As directed, the staff and borough attorney have developed and presented for review an ordinance for the disposal by lease of the three buildings at 717 East Rezanof Street (former Mental Health Facilities). By affirmative action by the assembly, this ordinance will direct the staff to develop and advertise a Request For Proposal for the long-term lease of the facilities. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, Griffin, Smiley, Smith 14.D. OTHER ITEMS — None. 15. CITIZENS' COMMENTS The following spoke under citizen's comments • Arlene (unintelligible last name) 16. ASSEMBLY MEMBERS' COMMENTS Assembly Member Griffin announced that the Brother Francis Shelter and Kodiak Womens Resource Crisis Center have resources for citizens that may be struggling with rent, bills, or emergency housing. He stated that Brother Francis Shelter received a really big grant to help with housing and encouraged citizens to reach out to those services during this winter. Assembly Member Arndt thanked everyone and expressed that it has been a pleasure serving and working with the assembly. Thanked Aimee Williams for encouraging him to apply for her seat, which he will do. Assembly Member Smith thanked Arndt for his service and knowledge and dedication. He said its admirable and thanked Arndt for serving the community. He also thanked Mayor Roberts for running for mayor at the time the world was changing. He was able to handle duties that came along with the changes. Smith appreciates all the time and commitment Mayor Roberts has given to the community. Smith expressed concern with dumpster problem on the island, said he walked his dog at Pillar Creek Beach and found a full size chest freezer at the bottom of the ravine. He expressed that these are not tourists throwing a freezer down a ravine, but these are our neighbors, and it's completely unacceptable. All it takes is a drive to the landfill, it may cost a few dollars to rid the contaminants in it, but instead these contaminants are now sitting at the bottom of a ravine by a creek that goes to a salmon stream which impacts this community's livelihood. He would like to see a change and stated this is an opportunity for community to hold each other accountable to keep our island beautiful. Assembly Member Williams thanked clerk, her staff, and all election workers. She said election was a smooth process. Daughter voted for the first time and election workers clapped as she walked out of the voting booth. It was a fantastic Kodiak Island Borough Assembly Regular Meeting Minutes October 20, 2022 Page 8 of 10 I r L first-time experience that she will probably never forget in her life. Thanked Scott for his service on the assembly. Thanked Mayor Roberts for standing up for the community and borough's needs during covid and for enduring that time. 17. EXECUTIVE SESSION 1. Discuss Interim Manager's Performance Review And Continuation Of Service ARNDT moved to enter into Executive Session to discuss Interim Manager David Conrad's performance review and continuation of service in accordance with the agreement dated July 14, 2022. This matter qualifies for executive session under KIBC 2.30.030 (F)(1)(c) for the purpose of discussing matters which may tend to prejudice the reputation or character of a person, who has been notified of the potential executive session and has waived the right to require the discussion take place in open session. Mr. David Conrad was offered the temporary position of Interim Manager and accepted for a ninety -day period with a discussion regarding performance and continuation due ten days prior to the expiration of the ninety -day period. The date of the agreement is July 14, 2022, and assumed to be retroactive to the dismissal of the prior manager, which was June 21, 2022. The discussion regarding the Interim Manager's performance and evaluation is past due. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Griffin, Smiley, Smith, and Turner ARNDT moved to invite the Mayor, Assembly members and Interim Borough Manager into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Mayor Roberts recessed the regular meeting and convened into executive session at 7:20 p.m. At 7:46 p.m. Mayor Roberts reconvened the regular meeting and announced that no action was taken as a result of the executive session. 2. Discuss Terms For Negotiating An Employment Contract For The Borough Manager ARNDT moved to convene in executive session to discuss the terms for negotiating an employment contract for the borough manager under the authority of KIBC 2.30.030(f)(1)(c) for the purpose of discussing matters which may tend to prejudice the reputation or character of a person, who has been notified of the potential executive session. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Griffin, Smiley, Smith, Turner, and Williams. Kodiak Island Borough October 20, 2022 Assembly Regular Meeting Minutes Page 9 of 10 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 7:48 p.m. At 8:12 p.m. Mayor Roberts reconvened the regular meeting and announced that no action was taken as a result of the executive session. 18. ADJOURNMENT ARNDT moved to adjourn the meeting at 8:13 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Aimee Williams, Borough Mayor Kodiak Island Borough October 20, 2022 ATTEST: IrWA - 3w� Nova M. Javier, Borough Cerk Assembly Regular Meeting Minutes Page 10 of 10