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2023-05-04 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting May 4, 2023 A regular meeting of the Kodiak Island Borough Assembly was held on May 4, 2023, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Aimee Williams, 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 Deputy Presiding Officer Smiley 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 Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Larry Ledoux, Scott Smiley, and James Turner. SMILEY moved to excuse Assembly Member Smith who is absent due to personal leave. VOICE VOTE ON MOTION CARRIED. 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 (APPROVED UNDER CONSENT AGENDA) A. Regular Meeting Minutes Of April 20, 2023 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Assessing Director Seema Garoutte • Melvin Stevens II • Cynthia Berns • Ryan Sharratt • Patrick O'Donell • Judith Clayton • Carlene McChesney Kodiak Island Borough Assembly Regular Meeting Minutes May 4, 2023 Page 1 of 10 • Thomas Schwantes • Bruce Schactler • Joe Macinko • Mike Dolph 8. AWARDS AND PRESENTATIONS 1. Proclamation Declaring April 30 - May 6, 2023, as 54th Annual Professional Municipal Clerks Week Deputy Presiding Officer Smiley proclaimed the week of April 30 - May 6, 2023, as Professional Municipal Clerks Week and presented the Proclamation to Borough Clerk Nova M. Javier, and Deputy Clerk Lina Cruz. The 54th Annual Professional Municipal Clerks Week is celebrated April 30 through May 6, 2023. This week is to recognize the accomplishments of all the Professional Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. 9. COMMITTEE REPORTS 10. PUBLIC HEARING 1. Appointment To The Kodiak Island Borough Mayoral Seat LEDOLIX moved to open nominations. SMILEY nominated Rebecca Skinner. GRIFFIN nominated Scott Arndt. SMILEY nominated Joseph Delgado. SMILEY closed the nominations. Deputy presiding officer Smiley ruled that Assembly Members Scott Arndt and Joseph Delgado should not participate in the balloting due to their conflict of interest. Conflict of interest: Each assembly member is vested with the primary duty for monitoring his or her conflicts of interest, according to the procedures prescribe by Alaska law. While the primary responsibility for monitoring a member's conflicts of interest falls upon the member, the governing body as a whole has a SHARED responsibility for ensuring that undisclosed, perceived conflicts are properly addressed so as to ensure the validity of subject proposed action. Deputy Presiding Officer Smiley closed the regular meeting and opened the public hearing. Kodiak Island Borough Assembly Regular Meeting Minutes May 4, 2023 Page 2 of 10 CITIZENS' COMMENTS Michael Brechan spoke under citizen's comments. Deputy Presiding Officer Smiley closed the public hearing and reconvened the regular meeting. 11. BOROUGH MANAGER'S REPORT Manager Williams reported on the following: Manager's Department • Union Negotiations — Negotiations will restart on Monday, May 8, 2023. IBEW has been contacted and has agreed to let the new manager be added to the negotiation team. • Compensation Study — Gallagher Human Resource and Compensation Consulting is progressing. A second round of requests from municipalities was sent out and the consultant is analyzing that data now. We are still two — three months away from having a report. • Grant Opportunities — Staff continues to monitor and review grant opportunities as they present themselves for consideration. • Federal Advocacy - Meeting with the new regional representative for Senator Murkowski's office on May 251h. The new KIB Mayor is invited as well. • Rural Forum - Meagan Christiansen was able to attend parts of the forum last week. Some current challenges the villages are facing are lack of cell phone service with 3G being phased out, workforce shortages, housing shortages, and issues with aspects of the local education system. There was also positive feedback about the availability of internet in the villages that have bought into the Starlink system. • Leases — Beginning review of current leases and how they are structured, updated, and maintained. • Bayside — There have been two resumes submitted for the Fire Chief position. The window for applicants closes on May 5, 2023, at 5PM. Assessing Department • Field Work - Assessing staff will start their field work soon if the weather permits. The 2023 field inspections are in for SD1. The public has been notified via the newspaper, website, and Facebook. • Certification - Testing has begun for the Service Area No. 1 final certification. • BOE - The Board of Equalization met on Monday to hear a single case and then again on Tuesday to finalize. • Director Vacation - Seema will be on vacation May 18-June 12. Community Development • Staffing — the department continues to be short staffed. • UMOT — Work continues making changes for a Version 2 of the updates that were presented previously. • LEPC — Coordinating with the City of Kodiak concerning Local Emergency Planning Committee issues. Kodiak Island Borough Assembly Regular Meeting Minutes May 4, 2023 Page 3 of 10 Parks & Recreation — Staff is looking forward to having more community members be appointed to the Parks & Rec board so that group can start meeting again. Capital Improvement Projects - We have also notified all Villages about getting their CIP together so that they can provide us with projects that have been vetted by either tribe or village board approval. CIP lists aren't due to CDD until August. Director Vacation - Seema will be on vacation May 18-June 12. Enaineerina 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. This item is on the agenda for the next Health Facilities Advisory Board that is scheduled for May 81 at 3PM. • KIBSD — Peterson Elementary - Contract No. FY 2023-47 is on the agenda tonight that would authorize the manager to execute and award the Peterson Elementary School HVAC and Roof Replacement Project to Friend Contractors, LLC for $2,516,400.00. • North Star Windows & Siding Phase 2 - The contractor, Wolverine, reached out and materials should be arriving just before the end of school to proceed with the work this summer. • Kodiak High School Roof Repairs — EF Department received a Notice of Work from the contractor, Rain Proof Roofing, but are still waiting on a proposed time schedule. • 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 3pm. • 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 and extensions have been requested. • Light PU Truck — The light trucks have arrived and are parked outside of the front entrance. They are on a hold until the licensing and registration requirements are taken care of. • 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. Contractor is on site. • Stage 3 Closure/Leachate Treatment Plant SRF Loan - Staff from the Alaska State Revolving Fund division have informed the Borough that the Financial Capacity Assessment was completed and the request for $6,162,265 was Kodiak Island Borough Assembly Regular Meeting Minutes May 4, 2023 Page 4 of 10 I I L accepted and recommendation to continue with the loan agreement was determined. The next step is the loan agreement which is currently being drafted. • 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. • Household Hazardous Waste Event - Kodiak Island Borough Household Hazardous Waste Event and the Chamber of Commerce Community Clean Up Day is Saturday, May 61, from 9AM-2PM in the Kodiak High School parking lot. (Commercial businesses with hazardous wastes for disposal need to set up an appointment by April 28th with US Ecology Alaska). • Threshold Recycling will also be accepting household electronics for free at the event. • Touch Tank — There were 381 visitors to the touch tank in April 2023. • Director — Dave is scheduled to be back in the office on Monday, May 8, 2023. Finance Department/ IT • FY2024 Budget Preparation — The Manager's Budget has been distributed and is available on the website. Please feel free to bring questions to Dora. The sooner you bring your questions/ideas, the more time staff must incorporate them into budget amendments. • PATS Software — Property Assessment and Taxation Software - Internal discussions are continuing. A meeting with the Borough Attorney took place on Tuesday to fine tune the needed parts of the software package. Anticipate the request to be placed on the agenda soon. • Foreclosures Process — For real properties with delinquent 2021 tax balances, the Borough will file for a Clerks Deed on June 61. A 30-day notice will be sent to property owners and published in the newspaper beginning May 51. • 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. • Director Vacation —Dora will be on vacation from May 10-18. List of Pending Items for Discussion • City of Kodiak o E911 System and compensation o Lease of Borough Building and Borough Building Remodel / Upgrades o Joint support and participation in the development of the Federal CIP List • 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 717 Rezanof (Mental Health Buildings) Kodiak Island Borough May 4, 2023 Assembly Regular Meeting Minutes Page 5 of 10 • Solid Waste Collection Contract Modifications (May 10, 2023, Meeting) • Service Area Contracts • Annual Contracts • Additional Methods to Reward Employees in Personnel Manual. • Funding opportunities for road repairs and improvements. 12. MESSAGES FROM THE BOROUGH MAYOR None. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2023-47 Awarding Of The Peterson Elementary School HVAC And Roof Replacement Project ARNDT moved to authorize the Manager to execute and award Contract No. FY2023-47 Peterson Elementary School HVAC and Roof Replacement Project to Friend Contractors, LLC in the amount of $2,516,400.00. Peterson Elementary school has undergone five additions and multiple remodels throughout its lifespan. The pandemic has resulted paying closer attention to the aging Heating Ventilation and Air Conditioning (HVAC) systems and their components at the facility. The oil -fired boilers were replaced within the last ten years and have been well kept; however, the exterior ducting was never addressed when the furnace upgrades were performed. Since the exterior ventilation ducts are twenty plus years old and are built on top of the aging roof, it makes sense that the roof structure is beyond replacement age and requires replacement as well. The heightened awareness about potential increase of filtration in air handling systems due to the pandemic has forced entities to rethink maintenance procedures and prioritize air handling projects to upgrade and replace aging systems as is found at this school. The twenty plus year old roofing has developed numerous leaks that have been penetrating to the interior of the facility. The leaking roof and associated components have raised the level of need to the top of the local priority list due to the fact that a leaking, damaged roof not only presents poorly to the occupants but also results in devaluing the educational experience on a social level. The exterior HVAC ducting and insulation have been compromised to a level in which the heated air leaks from the ducts have reached the point where the volume of heated air routing through the ducting has dramatically reduced, causing a much larger demand for heating, and reduction in efficient use of fuel and electricity. The Kodiak Island Borough (KIB), with the assistance of Jensen Yorba Wall (JYW) and RSA Engineers, began planning and designing for this project in early 2021. With completed drawings and specifications from JYW, KIB issued an invitation to bid on March 29, 2023, for the Peterson Elementary HVAC and Roof Kodiak Island Borough Assembly Regular Meeting Minutes May 4, 2023 Page 6 of 10 Replacement. It was advertised for the required 3 consecutive weeks in the Anchorage Daily News and on the KIB website. The bid opening was held on April 2023. There were two bids submitted. Friend Contractors, LLC was the lowest qualified bidder. The bid tabulation is attached. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Smiley, and Turner. 14.B. RESOLUTIONS —None. 14.C. ORDINANCES FOR INTRODUCTION — None. 14.D. OTHER ITEMS 1. Administration Of Oath Of Office To Newly Appointed Mayor The Clerk administered the Oath of Office to the newly appointed Mayor Scott Arndt. KfBC 2.20.030 Oath of office. Before taking the office of borough mayor, the mayor shall affirm in writing that the duties of the mayor will honestly, faithfully, and impartially be performed. The oath shall be filed with the clerk. 2. Declaration Of A Member's Seat Vacant On The Assembly (In The Event Of An Assembly Member Is Appointed To The Mayoral Seat) GRIFFIN moved to declare Assembly member Scott Arndt's seat vacant on the Assembly effective May 5, 2023. The seat needs to be vacated since an Assembly member cannot serve simultaneously as Mayor and as an Assembly member. This resignation will create vacancy occurring within six months of a regular election; therefore, it needs to be filled by the Assembly. The person selected shall serve until October 2023. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Ledoux, Smiley, Turner, and Arndt. 3. Good Cause Determinations For Late File Senior Citizen Or Disabled Veteran Exemption Applications Deputy Presiding Officer Smiley recessed the regular meeting for five minutes at 7:25 p.m. before convening a quasi-adjudicatory hearing for Good Cause Determinations for Senior Citizens and Disabled Veterans Exemptions. Kodiak Island Borough Assembly Regular Meeting Minutes May 4, 2023 Page 7 of 10 LEDOUX moved that the Senior Citizen Exemption be granted for showing good cause as stated in KIBC 3.35.030 (D) and direct the Assessor to accept the application as timely filed for Mike Dolph for the property located at 326 Plover Way, Kodiak, AK 99615. Applicants requested good cause hearing determinations be brought before the KIB Assembly to determine if good cause for filing a late application exists. Letter of notifications were mailed by the KIB Assessors Office advising the applicants of the ability to give public testimony for their appeal. The assembly is to determine if good cause was shown. Senior Exemption Good Cause Determination for the following: • Michael Dolph, 326 Plover Way, Kodiak, AK. 99615 • Jennifer Graham, 22505 Chiniak Highway, Kodiak, AK. 99615 • Melvin Squarstoff, 405 Bayview Drive, Port Lions, AK. 99550 • Darcio M Stielstra, 3650 Woodland Drive, Kodiak AK. 99615 • Rebecca Dawn, NHN Spruce Island, Ouzinkie, AK. 99644 • Bernadette Deplazes, 522 Leta Street, Kodiak, AK. 99615 Veteran Exemption Good Cause Determination for the following: • Robert Bushnell, 1626 Sawmill Circle, Kodiak, AK. 99615 • Robert Coyle, 12758 S Russian Creek Road, Kodiak, AK. 99615 Clerk's note: Meeting notification letters were mailed to the applicants on Wednesday, April 26. At the end of each appeal, Deputy Presiding Officer Smiley stated the following: According to Appellate Rule 602, the Appellant or the Assessor has the right of appeal to the Superior Court of the State of Alaska from the final decision. Should you wish to exercise your right of appeal, you must do so by notifying the Borough attorney and initiating the process within 30 days from the date of this written decision. Failure to do so will forever bar you from any appeal of this case. ROLL CALL VOTE ON THE MOTION FAILED THREE TO THREE: Griffin, Ledoux, and Delgado (AYES); Smiley, Turner, and Arndt (NOES). ARDNT moved that the Senior Citizen Exemption be granted for showing good cause as stated in KIBC 3.35.030 (D) and direct the Assessor to accept the application as timely filed for Jennifer Graham for the property located at 22505 Chiniak Highway, Kodiak, AK 99615, ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ledoux, Smiley, Turner, Arndt, Delgado, and Griffin. Kodiak Island Borough Assembly Regular Meeting Minutes May 4, 2023 Page 8 of 10 i 11 ARNDT moved to uphold the Assessor's decision for lack of good cause shown as stated in KIBC 3.35.030 (D) for Senior Citizen Exemption for Melvin Squarstoff for the property located at 405 Bayview Drive, Port Lions, AK 99550. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO TWO: Smiley, Turner, Arndt, and Delgado (AYES); Griffin and Ledoux (NOES). ARNDT moved that the Senior Citizen Exemption be granted for showing good cause as stated in KIBC 3.35.030 (D) and direct the Assessor to accept the application as timely filed for Darcio M Stielstra for the property located at 3650 Woodland Drive, Kodiak AK 99615. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Delgado, Griffin, Ledoux, and Smiley. ARNDT moved to uphold the Assessor's decision for lack of good cause shown as stated in KIBC 3.35.030 (D) for Senior Citizen Exemption for Rebecca Dawn for the property located at NHN Spruce Island, Ouzinkie, AK. 99644. ROLL CALL VOTE ON THE MOTION FAILED THREE TO THREE: Delgado, Griffin, and Ledoux (AYES) ; Arndt, Smiley, and Turner (NOES). Deputy Presiding Officer Smiley recessed the regular meeting for five minutes at 8:13 p.m. before reconvening the quasi-adjudicatory hearing for Good Cause Determinations for Senior Citizens and Disabled Veterans Exemptions. TURNER moved to postpone the Good Cause Determinations for late file Senior Citizen and Disabled Veteran Exemption applications for Bernadette Deplazes, Robert Bushell, and Robert Coyle To The Next Assembly Regular Meeting of July 20, 2023. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Ledoux, Smiley, Turner, and Arndt. 15. CITIZENS' COMMENTS Carlene McChesney spoke under citizen's comments. 16. ASSEMBLY MEMBERS' COMMENTS • Assembly Member Turner had no comment. • Assembly Member Delgado commented on the needs for citizens to apply for boards and committees, the challenges they face getting quorums, and the need to get those boards and committees filled. He also spoke on the need to have positions filled for the borough. • Assembly Member Griffin echoed Assembly Member Delgado's comments about joining boards and running for election this fall. Spoke on his opinion regarding the results of the Good Cause Determinations forthe Dolph family and how he believed it was cruel and unforgivable. • Assembly Member Arndt had no comment. Kodiak Island Borough Assembly Regular Meeting Minutes May 4, 2023 Page 9 of 10 Assembly Member Ledoux responded that the solicitation of applicants to fill the mayor's seat that it was important as it allows public input. He spoke on the difference between the decision making of the Assembly Members and Assessor. He felt the Assembly did not do things well regarding the Good Cause Determinations applications by not having a full Assembly and being unable to do anything about it. He congratulated Aimee Williams on her first meeting, and Scott Arndt on his appointment as Borough Mayor. Lastly, he mentioned that the manager's reports list of pending items for discussion needs to be addressed like the issues on having local preference in hiring. Assembly Member Smiley mentioned he will miss the next two assembly meetings due to his travel plans to Amsterdam with his family. 17. ADJOURNMENT ARNDT moved to adjourn the meeting at 9:02 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Kodiak Island Borough May 4, 2023 ATTEST: 1 � y Nova M. Javier, Borough It rk Assembly Regular Meeting Minutes Page 10 of 10 I