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2022-04-07 Regular Meetingr L KODIAK ISLAND BOROUGH Assembly Regular Meeting April 7, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on April 7, 2022, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. 1. INVOCATION The invocation was given by Major Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Deputy Presiding Officer Aimee 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, Joseph Delgado, Jared Griffin, Geoffrey Smith, Scott Smiley, James Turner, and Aimee Williams. Also present were Borough Manager Roxanne Murphy, Borough Clerk Nova Javier, and Deputy Clerk Lina Cruz. 5. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. APPROVAL OF MINUTES 7. CITIZENS' COMMENTS None. 8. AWARDS AND PRESENTATIONS None. 9. COMMITTEE REPORTS None. 10. PUBLIC HEARING None. Kodiak Island Borough April 7, 2022 Assembly Regular Meeting Minutes Page 1 of 6 11. BOROUGH MANAGER'S REPORT The Borough Manager reported on the following: • The mental health buildings Process for advertising will begin on April 8 for environmental assessment. Bids will be due on April 26 and information will readily be available on Borough website. Will continue working on website and application regarding leasing. • Met with hospital and Kodiak Community Health Center leaders to discuss concerns regarding their building's needs. • Had a surprise visit from OSHA for voluntary compliance. They suggested evaluating positions and safety issues to customize trainings and make safety a priority. • Mural request from the school district has been delayed. • Preparing directors for budget presentations. • Still working on Kodiak College Memorandum of Agreement. • Inviting Mr. Heartgraves for village schools that had been shut down. • Keeping an eye on opioid funding. • Grateful to have Clerk Javier back. 12. MESSAGES FROM THE BOROUGH MAYOR DPO Williams reported on the following: • Welcomed Nova back to the Clerk's office. • Thanked Major Dave Davis for showing up at every Assembly Regular Meeting to give invocation. • Happy to see Manager representing the Borough at Kodiak Chamber of Commerce meeting. 0 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINES 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2022-34 Auditing Services For The Kodiak Island Borough And The Kodiak Island Borough School District For Fiscal Years 2022-2026. ARNDT moved to authorize the Borough Manager to execute Contract No. FY2022-34 Auditing Services with Altman, Rogers and Co., for the Kodiak Island Borough and the Kodiak Island Borough School District for Fiscal Years 2022- 2026 provided there are no timely protests received. This contract is for audit services for both the Kodiak Island Borough and for its component unit, the Kodiak Island Borough School District. It consists of an initial one-year term for FY2022 and two, two-year extensions for a total of 5 years. A Request for Proposal (RFP) was issued March 9, 2022, and two bids were received by the April 30th, 3pm submission date. Submissions were opened and reviewed by two Borough and two School District representatives. Staff has Kodiak Island Borough Assembly Regular Meeting Minutes April 7, 2022 Page 2 of 6 L determined that Altman, Rogers & Co.'s bid is responsive and is recommending award of the contract to them. Copies of the evaluations will be distributed to the Assembly at the March 31, 2022, work session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Smiley, Smith, Turner, and Williams. 14.B. Resolutions 1. Resolution No. FY2022-25 Approving Certain Unincorporated Communities And Their Respective Native Village Council For Participation In The FY2023 Community Assistance Program. ARNDT moved to approve Resolution No. FY2022-25. This resolution identifies the Native Village of Karluk, and their respective Karluk IRA Tribal Council, as an unincorporated community of the Kodiak Island Borough, this resolution also determines they meet the Community Assistance Program eligibility criteria established under AS 29.60.865, AS 29-60-879, and 3 AAC 180.010. The Assembly is certifying two state program criteria are being met; a minimum population of 25, and that at least three services are provided to residents. Certification that those criteria have been met are in the form of: • An email from the Department of Commerce, Community, and Economic Development (DCCED) stating that they have determined the population of The Native Village of Karluk at 26 residents, and • A signed Requirement and Certification Application from the Karluk IRA Tribal Council indicating they provide three of the seven identified services. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Smiley, Smith, Turner, Williams, and Arndt. 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance FY2022-14, Amending Kodiak Island Borough Code Section 17.145.070 Regarding Communication Tower Approval Criteria. ARNDT moved to advance Ordinance FY2022-14 to public hearing at the next regular meeting of the Assembly on April 21, 2022. 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. KIBC 17- 145 Communication Towers and other tall structures, only gives 60 days for CDD to prepare its finding to take to the Commission. KIBC 145, attached below states that there are a lot of conditions and paperwork that must be supplied to Kodiak Island Borough April 7, 2022 Assembly Regular Meeting Minutes Page 3 of 6 the Commission. The Planning and Zoning 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 made similar to all other zoning cases that may go before the Commission. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Smiley, Smith, Turner, Williams, Arndt, and Delgado. 2. Ordinance No. FY2022-16 Establishing An Opioid Settlement Fund ARNDT moved to advance Ordinance FY2022-16 to public hearing at the next regular meeting of the Assembly on April 21, 2022. 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 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. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Williams, Arndt, Delgado, and Griffin. 14.D. OTHER ITEMS Confirmation Of The Mayoral Appointment To The Prince William Sound Regional Citizens Advisory Council. ARNDT moved to confirm the mayoral appointment of Ms. Aimee Williams to the Prince William Sound Regional Citizen's Advisory Council Board (PWSRCAC) of Directors for a two-year term to expire May 2024. The Kodiak Island Borough would be best served by a representative who: • Understands her/his organization and/or community, its needs, concerns, and perspectives. • Has at least a rudimentary familiarity with oil transportation issues. • Has a home and work schedule flexible enough to allow participation and travel. Kodiak Island Borough Assembly Regular Meeting Minutes April 7, 2022 Page 4 of 6 • Is committed to our mission of promoting environmentally safe operation of the Alyeska terminal and associated tankers; and • Seeks opportunities to foster cooperative and constructive relationships between citizens, industry, and regulatory agencies. A PWSRCAC director can expect to devote an average of 24 hours a month on PWSRCAC business. The full Board conducts three in-person 2 -day meetings in January, May, and September. In addition, annual budget and planning meetings are held, as well as special meetings and opportunities to participate in committees or work groups. PWSRCAC staff provides support to board members whenever possible. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smith, Turner, Williams, Arndt, Delgado, Griffin, and Smiley. 2. Confirmation Of Mayoral Appointment To The Parks and Recreation Committee, Mr. Benjamin Vincent. ARNDT moved to confirm the mayoral appointment of Mr. Benjamin Vincent to the Parks and Recreation Committee seat for a term to expire December 2024. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, Delgado, Griffin, Smiley, Smith, and Turner. 15. CITIZENS' COMMENTS • Seema Garoutte • Dora Cross 16. ASSEMBLY MEMBER' COMMENTS • Assembly Member Smith had no comment. • Assembly Member Smiley had no comment. • Assembly Member Arndt had no comment. • Assembly Member Griffin commented on the Kodiak College Memorandum of Agreement and avalanche dangers. • Assembly Member Delgado welcomed back Clerk Javier. • Assembly Member Turner had no comment. • Assembly Member Williams thanked the Chamber of Commerce community and staff for all their hard work putting together COMFISH. 17. ADJOURNMENT ARNDT moved to adjourn the meeting at 6:56 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: Kodiak Island Borough Assembly Regular Meeting Minutes April 7, 2022 Page 5 of 6 E W��m w 0 `Q 7-z William Roberts, Mayor k ova M. Javier, MMC, rough Clerk Kodiak Island Borough Assembly Regular Meeting Minutes April 7, 2022 Page 6 of 6 ri,