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2023-04-06 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting April 6, 2023 A regular meeting of the Kodiak Island Borough Assembly was held on April 6, 2023, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Administrative Official Jenna Hassinger, Borough Clerk Nova M. 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 Aimee Williams, Assembly members Scoff Arndt, Joseph Delgado, Jared Griffin, Larry Ledoux, Geoffrey Smith, Scoff Smiley, and James Turner. ARNDT moved to excuse Assembly member Smiley who is out on medical leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. `APPROVAL OF MINUTES A. Regular Meeting Minutes Of March 16, 2023. 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Craig Johnson • Ryan Sharraff • Annika Woods Kodiak Island Borough Assembly Regular Meeting Minutes April 6, 2023 Page 1 of 11 8. AWARDS AND PRESENTATIONS 1. Presentation Of The Certified Municipal Clerk Designation To Borough Deputy Clerk Lina Cruz Mayor Williams presented the Certified Municipal Clerk Certificate and Pin to Borough Deputy Clerk Lina Cruz. The Certified Municipal Clerk program is designed to enhance the job performance of the Clerk in small and large municipalities. To earn the CIVIC designation, a Municipal Clerk must attend extensive education program and courses through a variety of methods, including IIMC-approved University and College based Institutes, State/Provincial/National associations, international study and exchange programs, on-line courses, publications, and annual conferences. Deputy Clerk Cruz began working toward her certification in April 2019 when she was hired as an Assistant Clerk. She has earned this prestigious designation through her aggressive participation in educational programs and involvement in a variety of professional development activities. This certification prepares Deputy Clerk Cruz to meet the challenges of the complex role of the municipal clerk. The CMC is more than a pin, a certificate, and three letters at the end of her name. It is a declaration that Ms. Cruz is proficient in her position, and she demonstrates mastery of administrative skills critical to good government. The Borough congratulates Deputy Clerk Cruz for fulfilling the requirements of the Certified Municipal Clerk program. 9. COMMITTEE REPORTS 10. PUBLIC HEARING Ordinance No. FY2023-13 Amending Kodiak Island Borough Title 17 Zoning, Chapter 180 Signs, Section 17.180.010 Signs, Description And Intent To Require Zoning Compliance Permits For Certain Signs ARNDT moved to adopt Ordinance No. FY2023-13. KIBC Code 17-180-010 calls for signs (whether it is for placement, addition of a new or moving an old) to be exempted from requiring a Zoning Compliance application being filled out and submitted to Community Development. KIBC 17.180.010- Description and intent. The intent of this chapter is to regulate signs so that they will not, by reason of their size, location, construction, or manner of display, endanger the public health, safety, or general welfare. It is further intended that this chapter will regulate signs in such a way as to support and complement the purposes and intent of this title as well as the economic growth of the community. A. Zoning compliance is not required for the installation of signs B. Excluded from regulation are: flags, window displays, traffic and road signs. Kodiak Island Borough Assembly Regular Meeting Minutes April 6, 2023 Page 2 of 11 I H r L However, as shown in the agenda packet, KIBC17.180.020 and 17.180.030, contain requirements that signs must adhere to. KIBC 17.15.060 Zoning Compliance states that the building official may not issue a building permit until CDD has verified a zoning compliance application. CDD provides Building and Safety a copy of all Zoning Compliance applications weather they have been approved or denied. Community Development proposes that KIBC 17.180.010 be updated, adding the verbiage "unless a building permit or variance is required for the sign." This will insure that KIBC IT 15.060 and KIBC 17.180.010 work together and avoid confusion between the Community Development and Building & Safety departments. The Planning and Zoning Commission heard and approved this ordinance to come forward to the Borough Assembly at its special meeting of February 22, 2023. Mayor Williams closed the regular meeting and opened the public hearing. Hearing and seeing none, Mayor Williams closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Ledoux, Smith, and Turner. 2. Ordinance No. FY2023-15 Amending Title 7 Elections, Chapter 7.40 Canvassing And Certification Of Election Returns, Section 7.40.010 Canvass Of Returns ARNDT moved to adopt Ordinance No. FY2023-15. KIBC Section 7.40.010 details the procedure for canvassing of election returns, and in KIBC 7.40.010(C), it currently states that marked ballots that are not in a small gray envelope shall not be counted. After review of relevant State Statute, it appears that it does not identify failure to use the small gray envelope as a basis for challenging or rejecting a ballot. The Clerk sent out an inquiry to other municipalities and the response was unanimous that they do not reject returned ballots that are not in gray envelopes. I think the concern about failure to use the envelope is that it allows the canvas board to know how a particular voter voted. Based on the Clerk's experience, the canvassing board has a track record of always protecting the privacy of voters and there are ways in the canvassing procedure that we can incorporate to protect the privacy of the ballots. Mayor Williams closed the regular meeting and opened the public hearing. Hearing and seeing none, Mayor Williams closed the public hearing and reconvened the regular meeting. Kodiak Island Borough April 6, 2023 Assembly Regular Meeting Minutes Page 3 of 11 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado Griffin, Ledoux, Smith, Turner, and Arndt. 11. BOROUGH MANAGER'S REPORT Administrative Official Jenna Hassinger reported on the following: Manager's Department • Joint Work Session KIBSD/KIB — Meeting was conducted with direct conversation specific to the KIBSD request for funding for the next fiscal year. Assembly has requested that the actual formal request submission be delayed in an attempt to potentially have a better grasp as to the actions of the legislature and governor's office associated with the state budget process. Discussions regarding the need for repairs and maintenance of school facilities was conducted. • Union Contract Negotiations — Negotiations to continue in May 2023. Progress continues to be made on multiple topics. A special meeting has been requested for this evening to discuss the potential fiscal package associated with the negotiation. No further discussions or questions regarding the confidential negotiations will be conducted. • Compensation Study — Gallagher Human Resource and Compensation Consulting is progressing. A second round of requests for municipalities has been sent out to stimulate more participation. • Grant Opportunities — Staff continues to monitor and review grant opportunities as they present themselves for consideration. Assessing Department • Property Valuation — Nine applications for appeal to the Board of Equalization have been requested. Additional negotiation may continue if the protest applicants are interested in pursuit of a settlement prior to the BOE appeal. BOE is scheduled to meet May 1 only, at this time. • Gearing up for the new year preparing plans for this year's field work. Assessing will be measuring and updating properties in the SDI beginning May 1. • Please be aware, market increases effect properties Borough wide, but improvement updates are area specific unless it is a building permit, complaint, or owner request. Community Development • The Alutiiq Museum is asking for permission to conduct archaeological investigations on multiple KIB properties this summer. The two areas they are requesting permission to survey are Ugak Bay and Salonie Creek (near the rifle range). This is at no cost to the Borough. Staff is working with the attorney on permit language and a liability release. • 3 cases going to P&Z Commission for April with one possible rezone coming forward to the Assembly. • Staff continues to process zoning and other permits as submitted. • Staff continues to process enforcement and look for potential changes to the code as needed. Kodiak Island Borough Assembly Regular Meeting Minutes April 6, 2023 Page 4 of 11 I I Engineering and Facilities • ADEC Permits — Application and revision of plans associated with the solid waste permit is ongoing. The process is continuing with consultation being requested as the alterations to the various plan components are being finalized prior to submission. • KFRC and PKIMC - Kodiak Island Borough has partnered with Providence Kodiak to share in bringing Remidi8 to Kodiak to perform inspection and provide a recommendation for the repair or replacement of smoke dampers throughout the facility. As this is a life safety matter the KIB wants to verify proper function, review recommendations based on the most current NFPA Codes and repair and relace these devices to ensure function for the health and safety of the occupants. Work anticipated to occur this month. • KIBSD — Peterson Elementary School Roof Project has been advertised and the bid period is open. A pre -bid meeting occurred today. April 6, 2023, and the bid submission is scheduled for April 18, 2023. • PKIMC Chiller —This is an emergency repair, and the Interim Manager authorized this expenditure with an estimated cost of $47,402.40. This item is before the assembly tonight for approval. • PKIMC Elevator — The project is to be placed on the May 8, 2023, Health Care Facility Advisory Board. Anticipate forwarding this to the assembly for consideration and funding to follow. • Health Facilities Advisory Board — Next meeting is scheduled for Monday, May 8, 2023 at 3:OOpm. • PKIMC Boiler Day Tanks — Job has been completed. Anticipate final billing soon. • OSHA Voluntary Compliance Visit — OSHA requirements are being completed. Anticipate hiring an outside firm to assist in updating the required OSHA plans for the KIB. Serious corrective actions are being rectified. • Light PU Truck — Contracts are being finalized and delivery of vehicles arranged. Shipping of the trucks will not require staff travel. • Full Size Truck - Full Size 1 Ton Pick-up Truck RFP is being prepared. • Leachate Treatment Plant — Steel building package information for the issuance of the required building permit has been received and approved by the Building Department. Currently waiting for the process of payment so the permit can be issued. Construction is anticipated to resume in mid -Aril. • Bayside Classroom Addition — Architect is working on the revised plan request for the design of the addition to house restrooms, coffee mess and storage. The board has requested that the design is taken to the 35% stage and a professional estimate be conducted at that time. L Finance Department/ IT • Travel Policy — Staff has prepared a draft travel policy for review and approval. This set of written rules will be applied to regulate and define travel associated with work training and travel for staff, assembly, and board members. It is on the April 131 work session for discussion. • FY2024 Budget Preparation — The Managers Budget has been distributed and is available on the website. • PATS Software — Property Assessment and Taxation Software - Internal discussions are continuing. Conversations regarding the contract are being conducted with the borough attorney. Anticipate the request to be placed on the agenda soon. Kodiak Island Borough April 6, 2023 Assembly Regular Meeting Minutes Page 5 of 11 Foreclosures Process — For real properties with delinquent 2021 tax balances, the Borough will file for a Clerks Deed on June 6. A 30-day notice will be sent to property owners and published in the newspaper beginning May 5. Small Claims Process — Previous court awarded judgements for delinquent taxes were submitted to the courts as a claim against taxpayers PFDs. Staff is also preparing new Small Claim Complaints against non -real property taxpayers who are delinquent in paying their taxes. These complaints will be filed with the courts soon. List of Pending Items for Discussion • City of Kodiak - E911 System and compensation o City Lease for 710 Mill Bay Road facility o Borough Building Remodel or Upgrades o Joint support and participation in the development of the CIP List (Federal emphasis) • Hospital System Repair and Replacement • Disposition of Closed School Facilities — Allowable Scope for Current Staff • Continued update of the Personnel Manual • ARPA Funding Reporting is continuing • Leases — City of Kodiak Borough Building Lease, Teen Court, Red Cross, Fairgrounds, KISA, Chiniak Library, Long Term Care • 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 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS — None. 14.13. RESOLUTIONS —None. 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2023-16 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Title 4 Service Areas, Chapter 4.130 Mission Lake Tidegate Service Area, Section 4.130.020 Board To Increase The Membership Of The Board Kodiak Island Borough Assembly Regular Meeting Minutes April 6, 2023 Page 6 of 11 r L ARNDT moved to advance Ordinance No. FY2023-16 to public hearing at the next regular meeting of the Assembly of April 20, 2023. On February 15, 2023, the Clerk's office received an email from Craig Johnson, Mission Lake Tide Gate (MLTG) Service Area Board chairperson requesting an increase to the board size from three to five members. Mr. Johnson mentioned that the board currently has two prospective board members willing to serve. The formation of the MLTG Service area board went before the voters in 2002 as a special by -mail election proposition and a three -member board was created. Alaska Statutes 29.35.460 authorizes the Assembly to provide for an appointed or elected board to supervise the furnishing of special services in a service area. KIBC 4.15.020 also authorizes the Assembly to determine the number of memberships for different boards by ordinance. In order to increase the board by two members, the Assembly must first adopt an ordinance amending existing code to allow for the change. The Clerk's office, with the assistance of Borough Attorney Scott Brandt- Erichsen, drafted Ordinance No. FY2023-16 to allow for the increase from three to five board members. It is recommended that the initial terms of the two additional seats be staggered to make the appointments compliant with KIBC 4.15.030. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Ledoux, Smith, Turner, Arndt, and Delgado. 2. Ordinance No. FY2023-17 Amending The Kodiak Island Borough Personnel Rules And Regulations, 2022 Edition, To Reflect Changes In The Moving Expenses For New Employee Section ARNDT moved to advance Ordinance No. FY2023-17 to public hearing at the next regular meeting of the Assembly. In recognition that it is getting increasingly difficult to hire staff locally and the Borough is regularly advertising for and interviewing applicants in locations outside of Kodiak, staff is requesting to change two items within the Personnel Manual under section 1105 New Employee Moving Expenses. There are several long vacant positions within the Borough and staff believes these changes will shorten the hiring process enabling us to hire qualified staff without losing them to other entities. The first change would be to make the standard offer of one month's salary for moving expenses approvable by the Manger and not the Assembly (any requested expense greater than one month's salary would remain by Assembly approval only). The second change would be to make advance payment of moving expenses approvable by the Assembly and not the Manager. The need for a signed transportation agreement would not change, nor would the payback of reimbursed transportation expenses should the employee less than 24 months. Kodiak Island Borough April 6, 2023 Assembly Regular Meeting Minutes Page 7 of 11 The recent difficulty in hiring for a PC Tech I position (an entry level position that has been unfilled since the passing of John Rhines in March of 2021), highlights the hiring problem is occurring within all staffing levels, not just director and manager positions. There are times, such as this March, when staff would have to wait three weeks or more (depending on when we could get it onto the agenda) to get assembly approval to offer the standard moving allowance of one month's salary. Most applicants would not wait that long for entities to extend an offer after an interview and would take another job. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ledoux, Smith, Turner, Arndt, Delgado, and Griffin. 14.D. OTHER ITEMS 1. Acceptance Of Ms. Aimee Williams Resignation As Mayor Of The Kodiak Island Borough ARNDT moved to accept the resignation of Ms. Aimee Williams as Mayor of the Kodiak Island Borough and declare the office of the mayor vacant effective April 30, 2023. Per KIBC 2.20.090, this will require a 2/3 concurring vote of the Assembly. On February 27, 2023, the Assembly unanimously appointed Ms. Aimee Williams as Borough Manager. Ms. Williams' contract was approved on March 16, 2023. Per KIBC 7.20.020 (C) No elected official of the borough, except members of service area boards, may hold any other compensated borough office or borough employment, or elected position in the state or federal government, while in office. Since Ms. Williams cannot serve simultaneously as Mayor and Manager, she has resigned as Mayor effective April 30, 2023. She will assume her position as Borough Manager on May 1, 2023. This resignation will create a vacancy in the Office of the Mayor and since the vacancy is occurring within six months of a regular election, the vacant seat will be filled by the Assembly. The person selected shall serve until October 2023 and a two-year mayoral term will be placed on the October 3, 2023, ballot. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Turner, Arndt, Delgado, Griffin, and Ledoux. 2. Confirmation Of The Mayoral Appointment To The Cook Inlet Regional Citizens Advisory Council (CIRCAC) Board Of Directors Borough Seat (Mr. Scott Arndt) LEDOUX moved to confirm the mayoral appointment of Mr. Scott Arndt to the Borough Seat on the Cook Inlet Regional Citizens Advisory Council (CIRCAC) Board Of Directors for a three-year term to expire March 2026. Kodiak Island Borough Assembly Regular Meeting Minutes April 6, 2023 Page 8 of 11 I The Cook Inlet Regional Citizens' Advisory Council is a council formed in the late 1990s as a non-profit corporation. Its mission is to represent the citizens in the Cook Inlet area in promoting environmentally safe marine transportation and oil facility operations. The Council is a citizens' oversight council for oil facility operations in the Cook Inlet area. The Kodiak Island Borough has a dedicated seat for a representative on the Council. In 2020, Mr. Scott Arndt was appointed the Cook Inlet Regional Citizens Advisory Council seat. Mr. Arndts term on the Cook Inlet Regional Citizens Advisory Council (CIRCAC) is set to expire March 2023. During the March 9, 2023, work session, the Assembly discussed the Kodiak Island Borough's Seat on the Cook Inlet Regional Citizens Advisory Council currently held by Assembly Member Scott Arndt and supported Mr. Arndt's reappointment. The Annual elections to CIRCAC's Board of Directors will take place at their annual meeting on April 14, 2023. In order to appoint Mr. Arndt, Assembly approval is required. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Delgado, Griffin, Ledoux, and Smith. 3. Approval Of A Letter Of Support To The Native Village Of Port Lions' Denali Commission Grant Application To Implement A Design For Resurfacing Of The Roads in Port Lions ARNDT moved to approve a letter of support to the Native Village of Port Lions' Denali Commission grant application to implement a design for resurfacing of the roads in Port Lions. On March 13, 2023, the Borough Clerk's Office received an email from Kathryn Adkins, Grants Coordinator for the Native Village of Port Lions requesting the attached letter in support of the Native Village of Port Lions' Denali Commission grant application to implement a design for resurfacing of the roads in Port Lions. The due date for this letter is before April 15, 2023. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Ledoux, Smith, and Turner. 4. Approval And Authorization Of An Emergency Expense Related To The Replacement Chiller Compressor - B At the Providence Kodiak Island Medical Center Facility ARNDT moved to approve and authorize the emergency expense, beyond the managers spending authority, associated with the replacement of the chiller compressor - B at the Providence Kodiak Island Medical Center Facility in the amount of $47,402.40. Staff has been informed that the compressor associated with the chiller at the hospital has failed. Although there is discussion regarding the replacement of Kodiak Island Borough April 6, 2023 Assembly Regular Meeting Minutes Page 9 of 11 the 20-year-old facility chiller and associated systems, this component can be replaced to allow the system to function. The replacement project requires engineering and planning for the future facility needs and planning an expandable system where additional capabilities can be added or reduced whichever is required. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Ledoux, Smith, Turner, and Arndt. 5. Assembly Discussion Pertaining To Filling The Mayoral Seat Vacancy No action is recommended at this time. Assembly to discuss and give direction whether to schedule an appointment of an Assembly member to fill the Mayoral seat on April 20 or give direction to advertise an open call for applications. At the March 30, 2023, work session, a decision was made to allow time for the Assembly members to express their interest in filling the seat up to April 26, 2023. March 30, 2023, Work Session Agenda Summary On February 27, 2023, the Assembly unanimously appointed Ms. Aimee Williams as Borough Manager. As she cannot serve simultaneously as Mayor and Manager, Ms. Williams resigned as Mayor effective April 30, 2023, and she will assume her position as Borough Manager on May 1, 2023. This resignation will create a vacancy in the Office of the Mayor and since the vacancy is occurring within six months of a regular election, the vacant seat will be filled by the Assembly instead of holding a special election. The person selected shall serve until October 2023 and a two-year mayoral term will be placed on the October 3, 2023, ballot. The Borough code is a lot more detailed when it comes to filling an Assembly seat; however, for filling the mayoral seat, it only contemplates a majority vote of the Assembly. The fact that KIBC 2.30.040(A) talks about "from among its members" could be used to argue that it must be an assembly member, but the reference to "applicants' in KIBC 2.20.100 makes it sound more open. If the Assembly wants to simply vote to choose from among its members, then the Assembly can do so by majority vote. If the Assembly appoints one of its members, then no process is required beyond a motion and vote. AS 29.20.280 does not provide any greater clarity. If the Assembly contemplates going outside of the existing Assembly for an appointment, the Borough attorney recommends that you hold an open call for applicants rather than simply appointing someone by motion without soliciting expressions of interest by an application process. GRIFFIN moved to direct the Borough Clerk to start the application process for the Mayoral vacancy seat. Kodiak Island Borough Assembly Regular Meeting Minutes April 6, 2023 Page 10 of 11 H I ROLL CALL VOTE ON THE MOTION CARRIED THREE TO THREE: Griffin, Ledoux, and Smith (AYES); Turner, Arndt, Delgado (NOES); Mayor Williams broke the tie and voted in favor of the motion. 15. CITIZENS' COMMENTS The following spoke under citizen's comments: • Ryan Sharratt Annika Woods 16. ASSEMBLY MEMBERS' COMMENTS • Assembly Member Turner expressed his opinions pertaining to filling the Mayoral seat vacancy. He thinks we should have a Special Election. • Assembly Member Delgado urged citizens to apply for Mayoral seat vacancy and expressed his thoughts regarding the upcoming Assembly seats. He would like to see more people apply and be able to see a truer representation of the Borough as a whole. He encouraged the public to get involved. • Assembly Member Griffin thanked staff and congratulated Deputy Clerk Lina Cruz on her accomplishments. He also expressed his interest in maintaining transparency during the Mayoral seat vacancy process and suggested changes be made into the code. • Assembly Member Smith thanked citizens that reached out to him about various topics throughout the week and expressed gratitude towards them taking the time to express their views on things. He also announced he would not be running for a second term on the Assembly and urged more people to run for public office. • Assembly Member Arndt congratulated Deputy Clerk Lina Cruz. • Assembly Member Ledoux mentioned his appreciation towards Borough Clerk Nova Javier for all that she does including mentoring and helping her staff move forward. He was pleased that the Peterson roof project had gone out to bid and thanked Interim Dave Conrad and his staff for getting that moving forward. 17. ADJOURNMENT ARNDT moved to adjourn the meeting at 7:24 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Aimee Williams, Borough Mayor Kodiak Island Borough April 6, 2023 ATTEST: Nova M. Javier, Borough Assembly Regular Meeting Minutes Page 11 of 11