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2023-02-02 Regular MeetingI KODIAK ISLAND BOROUGH Assembly Regular Meeting February 2, 2023 A regular meeting of the Kodiak Island Borough Assembly was held on February 2, 2023, 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 Deputy Clerk Lina Cruz. 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 Mayor Williams announced that 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 Aimee Williams, Assembly members Joseph Delgado, Jared Griffin, Larry Ledoux, Geoffrey Smith, Scott Smiley, and James Turner. 5. APPROVAL OF AGENDA AND CONSENT AGENDA SMILEY moved to approve the agenda and the consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES (Approved under consent agenda) A. Special Meeting Minutes of January 12, 2023 and Regular Meeting Minutes of January 19, 2023. 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Cort Neff • Justin Thran 8. AWARDS AND PRESENTATIONS 1. US Coast Guard Appreciation Day Proclamation Kodiak Island Borough February 2, 2023 Assembly Regular Meeting Minutes Page 1 of 8 Proclaimed February 3, 2023, As Coast Guard Appreciation Day, Applauding Their Efforts In Making Kodiak And All The Navigable Waters Of Alaska A Safer And Better Place To Live, Work, And Play. 9. COMMITTEE REPORTS None. 10. PUBLIC HEARING — None. 11. BOROUGH MANAGER'S REPORT Dave Conrad, Interim Borough Manager, reported on the following: Manaaer's Department • Alaska Aerospace — Per requests from the Mayor and Assembly, staff is researching recent events at the launch complex and preparing to compose a letter to send to the state delegation that expresses the concerns of the citizens regarding the continued restriction to access to the area recreational attractions, potential repeated contamination of the environment and the lack of clear communications with the area residents and visitors. Staff has conducted discussions with the Alaska Department of Environmental Conservation and the Department of Transportation to date for information gathering purposes. • Several attachments pertaining to the recent incidents is included in this report. • Union Contract Negotiations — The first round of discussions has been set for March 2nd and 3rd. Staff is preparing the list of change items to be requested. • Compensation Study — Met with Gallagher Human Resource and Compensation Consulting regarding the Compensation Study. A follow up meeting is scheduled for next week. • Human Resources Consultant — Initial meeting has been conducted. Staff will meet to discuss the path forward and schedule the next session for additional discussion with S3 Management Group. • KIB Facility - Lease discussions have begun with the City of Kodiak specific to the 710 Mill Bay Road Facility. Awaiting contact from the city staff for a follow up meeting. 710 Mill Bay Road Lease — Staff in conjunction with the attorney has made a decision to cancel the Request for Proposal due to the stipulated conditions found on the deed of trust. The RFP as published does not allow or contemplate a short-term lease. The Kodiak island Borough attorney has reviewed the deeds and associated documents prior to the decision to cancel. Staff will contact the Department of Interior to determine if the restrictions can be removed from the deed. • Larsen Bay School — Staff has not received signed facility transfer documents back from the Larsen Bay Tribal Council. Staff is planning 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. • Grant Opportunities — Staff continues to monitor and review grant opportunities as they present themselves for consideration. • Federal CIP —Staff has prepared version 2 for review and approval this evening. Kodiak Island Borough Assembly Regular Meeting Minutes February 2, 2023 Page 2 of 8 r Ensaineerina and Facilities • Otmeloi Project —Assembly member requested a timeline for this project. • 95% Plans and Specifications Review: 1/24/24 • Right of Way completion: 11/27/24 • Advertise Project: 1/17/25 • Begin Construction: Summer 2025 • OSHA Voluntary Compliance Visit — OSHA visit has been completed. Multiple items to be corrected, plans require update of rework for compliance. Baler and Leachate Treatment Facility were inspected on this trip. Staff will begin the correction process. • Architect Visit - Corey Wall of Jensen, Yorba, Wall will be in attendance at next week's work session. Plans are to present information on the Peterson School Roof Replacement and several other projects. Arrangements for interior tours of the schools have been made during his stay. • Vehicle Procurement Proposal - Anchorage Chrysler Jeep has provided a proposal for four vehicles. Approval is scheduled for the February 16th meeting. The approximate cost is $35,000 per unit for the Jeep Compass Latitudes. • Pick-up truck RFP is being finalized for review and advertisement. • KFRC Carpet Replacement — Final billing has been completed and submitted for payment. Staff is awaiting a discussion with the GSA representative that deals with the specific lease for this facility for further discussion regarding carpet replacement in the library leased space. • KFRC Fume Hood Upgrade — This project is functionally completed. Balancer and Control Contractor was on site and were able to confirm proper usage of four fume hoods. Contractor must reroute ducting as current installation did not comply with the design and restricted flow to two hoods. Progress will be tracked. • Leachate Treatment Plant — Contractor has reevaluated winter construction period. Anticipate mid to late March prior to the beginning of the Assembly of the building package. Awaiting final structural calculations for submission and review prior to permit being issued. • Bayside Classroom Addition — A meeting with the architect and the FPA#1 is scheduled for February 8th to confirm the requested design. A discussion will be held with the building official regarding the occupancy designation as that will dictate the amount of restroom facilities required for this space. The preliminary estimate for the installation of the commercial sprinkler in the existing classroom is approximately $65,000.00. Finance Department/ IT • FY2024 Budget Preparation — Packets have been forwarded to the Service Area Boards and Staff for the preparation of the upcoming budget discussions. Boards are scheduling upcoming required meetings. • PATS Software — Property Assessment and Taxation Software - RFP is being advertised with a bid date of February 28, 2023. • Opioid Settlement Funds — Five additional firms have signed settlement agreements. All nine political subdivisions in the state must sign on for full settlement by April 18, 2023. Kodiak is qualified for approximately 2.1839% of the total when allocated. Kodiak Island Borough February 2, 2023 Assembly Regular Meeting Minutes Page 3 of 8 • Property Valuation — Property review and inspection for valuation has been completed. Staff is entering data for preparation of the value of the tax role update. • KANA Suit — Trial is underway. Anticipate a continuance may be required. • Modeling Adjustments — Staff looking at models for adjustments for next year's tax rolls. • Recent Sales — Staff looking at recent sales for comparisons. Community Develooment • Staff continues to process permits as submitted. • Staff continues to process enforcement and look for potential changes to the code as needed. List of Pending Items for Discussion • City of Kodiak - E911 System and compensation o Borough Building Remodel or Upgrades o Joint support and participation in the development of the CIP List (Federal emphasis) • 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, Fairgrounds, KISA, Chiniak Library, and Long -Term Care Center • Major Maintenance Funding for Facilities • Disposition of Mental Health Buildings — Bid received • 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 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Williams thanked the Chamber of Commerce for hosting the Coast Guard Appreciation day event and she congratulated Dave Conrad on his 13 years of service at the Kodiak Island Borough. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS Approval Of Change Order No. 18 To Contract No. FY2019-10 With Jensen Yorba Wall Inc For The Peterson Elementary School HVAC and Roof Replacement Project Kodiak Island Borough Assembly Regular Meeting Minutes February 2, 2023 Page 4 of 8 r 1 SMILEY moved to authorize the Manager to execute Change Order No. 18 To Contract No. FY2019-10 with Jensen Yorba Wall Inc in an amount not to exceed $69,074. This is a change order to the Borough's current term contract with Jensen Yorba Wall (JYW) to include 100% construction documents, bidding and construction administration services, and 95% professional cost estimation for the Peterson Elementary HVAC and Roof Replacement project. The existing roof at Peterson Elementary School has had leaking issues and has been at the top of the Kodiak Island Borough School District's Capital Improvement Project (CIP) list for several years. This change order is to complete construction documents, bidding, and construction administration services, and 95% professional cost estimation for a complete HVAC and roof replacement. Completing the construction and bidding documents will allow the Borough to put this project out to bid. The hope is to have the project ready to go for this upcoming construction season. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Ledoux, Smiley, Smith, and Turner. 14.B. RESOLUTIONS 1. Resolution No. FY2023-20 Establishing a Health Facilities Advisory Board SMILEY moved to adopt Ordinance No. Resolution No. FY2023-20. This resolution was presented to the Assembly to establish a Health Facilities Advisory Board (HFAB) for the purpose of reviewing, evaluating, developing, and issuing criteria requirements used in the planning, design, construction, operation, and maintenance of Providence health care facilities in Kodiak. The board shall serve in an advisory capacity to the Assembly with regards to the health facilities capital projects. In that capacity the board will be required to meet with hospital administrator and/or designees. The board shall not have direct power to affect policy determinations, but it shall make recommendations to the Assembly and administration affecting matters related to the hospital and health facilities. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Ledoux, Smiley, Smith, Turner, and Delgado. 2. Resolution No. FY2023-21 Identifying Federal Project And Program Priorities For Federal Fiscal Year 2024 SMILEY moved to adopt Resolution No. FY2023-21. Kodiak Island Borough February 2, 2023 Assembly Regular Meeting Minutes Page 5 of 8 The Assembly annually identifies federal program priorities and capital projects to be submitted to the congressional delegation for advocacy on behalf of the Kodiak Island Borough. The ask is that programs and projects important to the residents of the Borough be supported with federal funds. This resolution is brought forward with the assistance of the Borough's federal lobbying contractor. SMILEY moved to amend Resolution No. FY2023-21 by substitution of version 2. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Ledoux, Smiley, Smith, Turner, Delgado, and Griffin. ROLL CALL VOTE ON THE MOTION AS AMENDED CARRIED FIVE TO ONE: Smiley, Smith, Turner, Delgado, and Griffin (AYES); Ledoux (NO). 3. Resolution No. FY2023-22 Amending Provisions In Resolution No. FY2021-38 Reestablishment Of The Kodiak Fisheries Work Group SMILEY moved to adopt Resolution No. FY2023-22. The Kodiak Island Borough and City of Kodiak met on March 3, 2021, and decided to update the resolution for the Kodiak Fisheries Work Group. As a result, the City Council adopted Resolution No. 2021-11 at its meeting on March 25, 2021, and the Borough Assembly adopted Resolution No. FY2021-38 on January 10, 2022. After review of Assembly Resolution No. FY2021-38, it was found that there were inconsistencies that needed further amendments to make the Borough provisions consistent with the City's resolution. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Delgado, Griffin, and Ledoux. 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance FY2023-14 Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 35 Real Property Tax, Section 3.35.050 Board Of Equalization To Correct Phrasing Pertaining To Docket Numbers SMILEY moved to advance Ordinance No. FY2023-14 to public hearing at the next regular meeting of the Assembly on February 16, 2023. There is some confusion between the Assessor's Office, the Clerk's Office, the Board of Equalization (BOE) members and the public about the numbering for appeals. KIBC 3.35.050E 3 states: 3. Appeal Number. Kodiak Island Borough Assembly Regular Meeting Minutes February 2, 2023 Page 6 of 8 H I L Every appeal shall be assigned a docket number which, along with the name of the appellant, shall be read into the record before the hearings on the appeal may commence. After looking at the sentence, it could easily be interpreted that an appeal number would also have a docket number. Assessing only assigns one number to each appeal. Both the public and the BOE members often look for a number referring to a docket. Therefore, the Assessor's Office proposed that the words "a docket" be changed to "an appeal." The appeal "season" begins March 1, 2023. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Turner, Delgado, Griffin, Ledoux, and Smiley. 14.D. OTHER ITEMS 1. Confirmation Of Mayoral Appointment To The Joint Building Code Review Committee Of Mr. Jon Malin SMILEY moved to confirm the Mayoral appointment of Mr. Jon Melin to the Joint Building Code Review Committee for a term to expire December 2024. Building Official Ted Hansen requested that the Borough and City start filling the vacant seats on the board. Necessary updates need to be made to the building codes. Mayor Williams reached out to the Architectural Review Board members for a volunteer to serve on the Joint Building Code Review Committee and Mr. Melin responded. The Joint Building Code Review Committee seats are appointed by the Mayor and confirmed by the Assembly. The Borough appointees are selected from the existing members of the Borough Architectural Review Board. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Delgado, Griffin, Ledoux, Smiley, and Smith. 2. Approval Of A Letter Of Support For The Application For Recertification Of Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) SMILEY moved to approve the letter of support for the recertification of Prince William Sound Regional Citizens' Advisory Council. This letter is in support of the recertification submitted by the Prince William Sound Regional Citizen's Advisory Council (PWSRCAC). The Coast Guard seeks comments on, the application for recertification submitted by the Prince William Sound Regional Citizen's Advisory Council (PWSRCAC) from March 1, 2022, through February 28, 2023. Under the Oil Pollution Act of 1990 (OPA 90), the Coast Guard may certify on an annual basis, the PWSRCAC. This advisory group monitors the activities of terminal facilities Kodiak Island Borough February 2, 2023 Assembly Regular Meeting Minutes Page 7 of 8 and crude oil tankers under the Prince William Sound program established by the statute. The Coast Guard may certify an alternative voluntary advisory group in lieu of the PWSRCAC. The current certification for the PWSRCAC expires February 28, 2023. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Ledoux, Smilev. Smith. and Turner. 15. CITIZENS' COMMENTS None. 16. ASSEMBLY MEMBERS' COMMENTS • Assembly Member Turner had no comments. • Assembly Member Delgado had no comments. • Assembly Member Griffin had no comments. • Assembly Member Smith wished everyone a Happy Groundhog Day. • Assembly Member Ledoux suggested that in addition to passing Resolution No. FY2023-21 and sending it to our US Representatives, the Assembly should write letters of support with the help of our lobbyist to send to Federal Committees who are responsible in specific areas. • Assembly Member Smiley suggested the Borough advertise an explanation to citizens regarding policing within city limits and outside city limits. 17. ADJOURNMENT SMILEY moved to adjourn the meeting at 7:13 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY KODIAK ISLAND BOROUGH AWl �I� tlWVw6 Aimee Williams, Borough Mayor Kodiak Island Borough February 2, 2023 ATTEST: No a . Javier, Borough Clerk Assembly Regular Meeting Minutes Page 8 of 8 0