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2022-12-01 Regular Meetingr KODIAK ISLAND BOROUGH Assembly Regular Meeting December 1, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on December 1, 2022, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Administrative Official Jena Hassinger, 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 Mayor Williams 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 Williams, Assembly members Larry Ledoux, Jared Griffin, Geoffrey Smith, Scott Smiley, and James Turner. Smiley moved to excuse Assembly member Scott Arndt who is absent due to his attendance to the Cook Inlet Regional Citizens Advisory Council board of directors meeting. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Griffin, Ledoux, Smiley, and Smith (AYES); Turner (NO). 5. APPROVAL OF AGENDA AND CONSENT AGENDA Smiley moved to approve the agenda and the consent agenda. Smiley moved to amend the agenda by adding Resolution No. FY2023-19 under Resolutions as item number two on the agenda. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Griffin, Ledoux, Smiley, Smith, And Turner. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. ;APPROVAL OF MINUTES 1. Regular Meeting Minutes of November 17, 2022 (These minutes were approved under consent agenda.) Kodiak Island Borough December 1, 2022 Assembly Regular Meeting Minutes Page 1 of 8 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Duncan Fields • Cort Neff • Karl Hertz 8. AWARDS AND PRESENTATIONS — None. 9. COMMITTEE REPORTS — None. 10. PUBLIC HEARING — None. 11. BOROUGH MANAGER'S REPORT Interim Borough Manager Dave Conrad reported on the following: • Holiday Landfill Hours — The Landfill will be closed December 26 and January 2 to the public. Alaska Waste will be operating on their normal schedule through both upcoming holidays. • Joint Use Agreement Meeting — The City of Kodiak, Kodiak Island Borough School District, and Borough Staff met on Thursday December 1 to discuss the renewal of the Joint Use Agreement for the City and Borough Facilities as they relate to the community demands for developmental and recreational opportunities on the road system. The largest discussion topic relates to the pool facility, the required repairs, and maintenance to the facility to ensure a prolonged lifespan. There are currently potential structural and mechanical needs due to multiple factors. All parties present agreed that there needs to be a thorough evaluation by an independent engineering or pool specific company to provide an evaluation and potentially assist in the preparation of a request for proposal to recondition and repair the pool structure. Borough staff has begun contacting firms through our contracted architectural contract as well as an independent engineering contract. • Manager's Department -- Staff has participated in a meeting with the staff of the Alaska Department of Transportation and Public Facilities (DOT&PF) regarding the Community Transportation Program (CTP)/Transportation Award Program (TAP). Staff will be preparing a preliminary scope of work for review by the DOT staff for possible inclusion in a formal grant application request. Staff has scheduled a meeting with the US Fish and Wildlife Service Habitat Restoration Program personnel the discuss stream rehabilitation funding opportunities for next year on December 5, 2022. The KIB staff have been notified and will prepare an application for the Alaska Department of Fish and Game Hunter Access Program. This program can fund projects that develop or enhance public access to public lands and wildlife resources for hunters, trappers, and other wildlife resources. The application is due by March 1, 2023. The Request for Proposal Package is currently advertised and bid registration is being accepted for the Long -Term Lease of the KI B property at 717 Rezanof (Old Mental Health Buildings). • Engineering and Facilities — The Architectural Review Board met and reviewed the 35% City of Kodiak Firehouse Plan set and specifications. Multiple Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2022 Page 2 of 8 suggestions and questions were prepared or generated by the members attending. The city plans to bid the contact within the next several weeks. The City Manager has requested that the ARB perform an additional review when the 65% drawing set has been prepared. This is anticipated in March 2023. The Auto Maintenance and Repair Contract bid opening was held on Wednesday, November 30. No bids were received in a timely manner. This contract will be readvertised for the third time. The Manager's staff will plan to travel to Larsen Bay to inspect and provide a repair list for items that were identified and not repaired prior to the signatures being finalized on the facility transfer to the Larsen Bay Tribal Council. • KFRC Carpet Replacement—This project is to be started on December 9, 2022. The carpet and supplies have arrived and are in the facility. Staff will evaluate if a public closure is required for December 15 and 16 due to restricted access to facilities. • KFRC Fume Hood Upgrade — This project has started and is anticipated to be completed by the end of December. The project is required to ensure that the fume hoods provide the proper OSHA required cubic feet per minute flow. • Landfill Rock Project — Brechan Construction continues to crush rock for use as cover material and road construction. This work effort will continue until the weather requires stoppage or all the blasted rock has been processed. • Leachate Treatment Plant — Anticipate the delivery of the metal building addition next week to Kodiak. If required submittals are reviewed and approved, David Contractors will be on site the week of December 12 to begin the erection of the steel building addition. • Bayside Classroom Addition — A meeting has been scheduled for preliminary discussions with the fire board, architect, and EIF Staff on December 6. • OSHA Voluntary Compliance Visit — Awaiting information regarding a planned site visit by OSHA Voluntary Compliance before Christmas. The focus will be the Baler Facility and the Leachate Treatment Facility. • List of Pending Items for Discussion — Disposition of Closed School Facilities — Allowable Scope for Current Staff 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 — City of Kodiak Borough Building Lease, Teen Court, Red Cross, Fairground s, KISA, Chiniak Library, Long Term Care Major Maintenance Funding for Facilities Disposition of Mental Health Buildings — RFP has been advertised Solid Waste Collection Contract Modifications Service Area Annual Contracts Additional Methods to Reward Employees in Personnel Manual. Vehicle Replacement Funding opportunities for road repairs and improvements 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Williams reported that she met with Kodiak Island Borough School District Superintendent and they discussed the swimming pool, housing, work force development, and auditorium. Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2022 Page 3 of 8 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 1. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvement Projects Priority List For The 2023 Legislative Session 0 Clerk's Note: The motion to adopt Resolution No. FY2023-15 is already on the table. This is the annual priority list submitted to the Alaska State Governor and Legislature for consideration of capital funding to the KIB. The Planning and Zoning Commission has recently approved its annual update of the Capital Improvement Program (CIP). Upon review of the Planning and Zoning Commission's CIP list and last year's Capital Improvement Priority List submitted to the State Legislature, and additional project considerations brought forth to the Managers office, the Assembly discussed and decided upon priorities for this year's list to submit to the Governor and State Legislators for possible funding from the State of Alaska. Smiley moved to amend Resolution No. FY2023-15 by substitution with version 2. Turner moved to further amend Resolution No. FY2023-15 version 2 to delete the numerical order line, bullets, and decimals. ROLL CALL VOTE ON THE SECOND AMENDMENT CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Griffin, and Ledoux. 0 ROLL CALL VOTE ON THE FIRST AMENDMENT CARRIED FOUR TO ONE: Ledoux, Smiley, Smith, Griffin (AYES); Turner (NO). Smith moved to amend Resolution No. FY2023-15 version 2 by adding the word "unranked" to section 1 on line 30. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Smith, Turner, Griffin, Ledoux, and Smiley. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Turner, Griffin, Ledoux, Smiley, and Smith. 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS — None. 14.13. RESOLUTIONS 1. Resolution No. FY2023-17 Authorizing The Manager To Apply For And Accept The Local Assistance And Tribal Consistency Fund (LATCF) Grant, A Part Of The American Rescue Plan Act (ARPA), For The Benefit Of The Residents Of Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2022 Page 4 of 8 The Kodiak Island Borough And To Deposit The Funds In The General Fund For Future Appropriation Smiley moved to adopt Resolution No. FY2023-17. Section 605(b) of the Social Security Act, as added by Section 9901 of the American Rescue Plan Act (ARPA) established the Local Assistance and Tribal Consistency Fund (LATCF). This fund provides a total of $2 billion for Treasury to make payments to eligible revenue sharing counties and eligible Tribal governments. Of those $2 billion, eligible counties are allotted $1.5 billion to be paid out over two years and Tribal governments are allotted $500 million to be paid out over two years. The Borough is eligible to receive $4,787,173 of the Local Assistance and Tribal Consistency Fund (LATCF) which will be paid in two equal, annual tranches of $2,393,586. The deadline to apply for the funding is January 31, 2023. The purpose of the LATCF program is to serve as a general revenue enhancement program and is designed, in part, to supplement existing federal programs that augment and stabilize revenues for these communities. The payment formula is based on federal acreage within each unit of local government, as defined by the Payments in Lieu of Tax (PILT) program and the Refuge Revenue Sharing program under the U.S. Fish and Wildlife Service. Other factors in the formula include population, historic poverty levels, household income, land values and unemployment rates, as well as other economic indicators, over a 20 -year period. This program allows a broad use of funds and recipients may use these funds on any governmental purpose other than lobbying activities. A non -exhaustive list of example activities that fulfill a governmental purpose include, but are not limited to: • Provision of health services; • Capital expenditures on core facilities and equipment; • Infrastructure investments; • Long-term economic development; • General government operations; • Meeting another federal program's non-federal match or cost-sharing requirement. Funds are available to recipients until expended or returned to Treasury. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Ledoux, Smiley, Smith, and Turner. 2. Resolution No. FY2023-19 A Resolution Of The Assembly Of The Kodiak Island Borough Supporting Alaska Joining The Nurse Licensure Compact (NLC) Urging The Alaska Legislature To Pass Legislation In The 2023-24 Legislative Session Permitting Alaska To Enact The NLC Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2022 Page 5 of 8 Smiley moved to adopt Resolution No. FY2023-19. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ledoux, Smiley, Smith, Turner, and Griffin. 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2023-12 Amending Kodiak Island Borough Title 15 Buildings And Construction, Chapter 40 Building And Lot Numbering, Section 15.40.080 Procedure For Addressing Newly Created Lots Smiley moved to advance Ordinance No. FY2023-12 to public hearing at the next regular meeting of the Assembly on January 5, 2023. KIBC Code 15.40.080 (D) currently calls for lots to be addressed at the time of the preliminary plat. KIBC 15.40.080- Procedure. A. Kodiak Island Borough GIS is responsible for assigning addresses and maintaining address information. B. Addresses will be implemented within 30 days upon receipt of an E911 address application, along with any other required or relevant information. C. E911 address application shall be made available on the borough website and/or in borough offices. D. Addresses for newly created lots will be assigned during the preliminary plat review process. Community Development would like to change this portion of procedure to state that the address would be assigned either after a driveway permit has been issued, a permit for construction has been issued or upon a request from the owner after a plat has been recorded, whichever comes first. Items to consider for this change: 1. If an abbreviated plat was approved or a preliminary plat was filed, and the subdivision was approved through the Planning and Zoning Commission, the owner of the property would have 2 years (24 months) to record a final plat, per KIBC 16.50.010- Final plat procedure. "A. The final plat shall comply with the requirements of this chapter and shall be submitted to the community development department director within 24 months of preliminary plat approval." 2. At the time of preliminary approval by the Planning and Zoning Commission, there can be a multitude of conditions that would need to be addressed before a final plat could be recorded, which could effect the addressing of lots. 3. More times than one would think, plats are left unrecorded after the 24 month period and have to be resubmitted. Typically this is due to changes that were found that needed to occur prior to recoding. This often effects Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2022 Page 6 of 8 r L addressing, causing lots to be addressed multiple times. Many times plats are not submitted for final review/recording. 4. Many owners take advantage of the abbreviated plat option KIB offers. This option has been used many times for the same lot, which caused for the same parcels to be readdressed multiple times in a short time period. All of the above instances cause erroneous address notifications to be sent to multiple agencies, including Police Public Safety Answering Point (PSAP), City of Kodiak Police Department, Alaska State Troopers, City of Kodiak, Women's Bay, and Bayside Fire departments and could affect E911 addressing, which could cause errors in emergency situations. Community Development believes this code change makes more sense for addressing properties, so that properties don't have to be addressed multiple times, correct information is given one time, and this gives clear direction to GIS for addressing (additionally the GIS position in CDD is vacant at this time.) ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Ledoux, Smiley, Smith, and Turner. 14.D. OTHER ITEMS Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees Smiley moved to confirm the mayoral appointments of assembly member representatives to different boards and committees as follows: The mayor appoints Assembly representatives to the different boards and commissions. Please see attached list from Mayor Williams listing her appointments and also the forms filled out by each Assembly member. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ledoux, Smiley, Smith, Turner, and Griffin. 2. Letter Of Support To The Kodiak Reentry Coalition/Program Smiley moved to approve the letter of support to the Kodiak Reentry Coalition/Program. On November 9, 2022, the Clerk's Office received an email from the Kodiak Reentry Coalition requesting a letter expressing support of the Kodiak Reentry Coalition/Program's mission to improve the lives of members of the Kodiak community who are released from jail or prison. Based on observation that often, individuals who have been incarcerated return to their communities lacking sufficient resources and support to get back on their feet, obtain suitable housing, and secure meaningful employment. Kodiak Island Borough December 1, 2022 Assembly Regular Meeting Minutes Page 7 of 8 This letter will be submitted to the Alaska Mental Health Trust Authority in January 2023. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Griffin, and Ledoux. 15. CITIZENS' COMMENTS None. 16. ASSEMBLY MEMBERS' COMMENTS • Assembly Member Smiley expressed interest in working with Kodiak Area Native Association in developing a Federal Capital Improvements List. • Assembly Member Ledoux complimented the Mayor on her excellent job running Assembly meetings and wished the public Happy Holidays. He also expressed his support in coming up with a plan in developing future Capital Improvement lists and encouraged the public to run for office. • Assembly Member Smith thanked and congratulated Karl Hertz for developing a paid Certified Nursing Assistants program and the number of applicants he has received so far. He also thanked Sharon Blakesley for her 30 years of service to the Borough_ • Assembly Member Griffin congratulated newly hired Assistant Clerk, Irene Arellano; gave a shout out to all the Service Area Boards who work with contractors for snow plowing, and thanked all of the organizations and people that came together during the lockdown at North Star Elementary School on November 30. • Assembly Member Turner had no comment. 17. ADJOURNMENT Smiley moved to adjourn the meeting at 7:37 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIA, ISLAND BOROUGH ATTEST: Aimee Williams, Borough Mayor Nova M. Javier, MMC, B rough Clerk Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2022 Page 8 of 8