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2022-11-17 Regular MeetingI KODIAK ISLAND BOROUGH Assembly Regular Meeting November 17, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on November 17, 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 Roberts 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, Joseph Delgado, Jared Griffin, 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 1. Special Meeting Minutes of October 27, 2022 and Regular Meeting Minutes of November 3, 2022 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Dora Cross, Finance Director • Dr. Alan Wolf • Roland Ruoss 8. AWARDS AND PRESENTATIONS — None. 9. COMMITTEE REPORTS Kodiak Island Borough November 17, 2022 Assembly Regular Meeting Minutes Page 1 of 9 Mayor Williams reported attending SWAMC meeting. SWAMC is in search of a new executive director, and they have an in person meeting scheduled for December 10. H 10. PUBLIC HEARING 1. Ordinance No. FY2023-10 Determining That It Is In The Borough's Best Interests To Dispose Of The Larsen Bay School Property Located At 502 Third Street In Larsen Bay By Conveyance To The Village Of Larsen Bay With Conditions To Accommodate A Future School Location Smiley moved to adopt Ordinance No. FY2023-10. Due to the costs associated with maintaining the property and facility (former school) in Larsen Bay, staff has been directed to pursue the disposal of this parcel and facility. Discussions have been held with both the City of Larsen Bay and the Native Village of Larsen Bay. Conversations with the Village Council have resulted in an interest of the council to pursue ownership of the school for the purpose of utilizing the facility and grounds as a multi -use facility for the Larsen Bay residents. Discussions with the tribal council president have included the willingness to provide adequate, maintained classroom space for the continued educational purposes of the resident school age children. Language in the disposal agreement has been included in the required disposal documents. Mayor Williams closed the regular meeting and opened the public hearing. Hearing and seeing none, Mayor Williams closed the public hearing and H reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Ledoux, Smiley, Smith, and Turner. 11. BOROUGH MANAGER'S REPORT Interim Borough Manager Dave Conrad reported on the following: • Holiday Landfill Hours —The Landfill will be closed November 24th and 25th. We will reopen Saturday, November 26th for normal business hours. Alaska Waste will be off Thanksgiving Day and normal service will resume the following day. • PKIMC — The HVAC System is showing definite signs of its age and state of maintenance. Anticipating a request and discussion on capital funding for the repair and or replacement of multiple components for the system. Staff is preparing a presentation for the settlement agreement and will request endorsement to finalize the claims for the two fuel spill incidents at the Long - Term Care Center and the Hospital facilities. • KIBSD — Finance will be presenting two ordinances to the assembly for consideration and approval to dedicate the ARPA Funds to the single project, Peterson Elementary School HVAC, and Roof Repairs. The flashing light on Rezanof near East Elementary has been repaired and is functional. Thanks to Local Electric and the KIBSD Staff for the work to repair this protection device for the community. Kodiak Island Borough Assembly Regular Meeting Minutes November 17, 2022 Page 2 of 9 • Assessing — KANA Case — Additional motions have been filed by the KIB. A request for delay of the trial dates has been made associated with the additional filed motions. The KIB will wait for the court's decision. Assessing staff continues performing the required field work for the reassessment of properties within the City of Kodiak boundaries. Staff is prepared and distributed the updated senior citizen and disabled veteran exemption applications and the personal property and aircraft filing forms were mailed on November 15th. • Community Development - Staff are working on various permits and applications. Natives of Kodiak Spruce Cape subdivision has been submitted for preliminary plat review. • Finance — Staff continues annual filing of small claims for delinquent personal property accounts, notices are currently being served. MDNA — Management Discussion and Analysis portion of the financial statements are continuing and due by November 23 to the auditors. LATCF Funding Resolution has is before the assembly tonight for discussion. • Engineering and Facilities — Preventative Maintenance Program has been implemented. MaintainX is the new program being utilized. A majority of the KFRC Facility components and systems have been entered, PM's created, and staff is completing PM's. A work order system will be incorporated for processing and completing work requests based on priority and funding availability. KRFC Carpet Replacement — This job is scheduled to begin on December 10 and be completed by December 18. Bulldozer Procurement — Rebuilt engine has been installed this week. Dozer rebuilds continues. Landfill — Blasting has been competed for this year. Rock crushing will continue as weather allows. Leachate Treatment Plant — Slab has been uncovered per the specification. Contractor anticipates erection of the steel building may begin in early December. Staff is preparing the documents for the request of low interest loans from the ADEC State Revolving Loan Questionnaire. This request will be for 4.45 million dollars. Larsen Bay School Property — Property disposition to be decided by the assembly tonight. Staff anticipates travel to Larsen Bay for final signatures on the contract and clarification of the repairs that eh KIB is responsible for competing associated with the facility transfer agreement. The cost is estimated at less than $10,000.00 for required responsible repairs. Karluk School Property — The KIB heating contractor continues to attempt travel to Karluk today for the repair of the oil -fired boiler. Discussion is scheduled for next week to decide the fate of the school facility at Karluk. Staff has informed the Tribal Chief, Alicia Andrew of the meeting and has arrange for a Zoom Meeting during the November 22nd discussion. A meeting was held today with the Alaska Department of Environmental Conservation, Contaminated Sites Section regarding the spill at the school site. The site will likely require an Environmental Covenant be assigned to the parcel. There has been an incomplete ground water investigation and the installation of monitoring wells and periodic monitoring will likely be required. ADEC has provided information to contact the Alaska Department of Commerce regarding the long-term disposition of the school building and property. • List of Pending Items for Discussion — Bayside Classroom Addition Disposition of Closed School Facilities — Allowable Scope for Current Staff OSHA Voluntary Compliance Visit — Rescheduled for October Continued update of the Personnel Manual ARPA Funding Reporting is continuing. Kodiak Island Borough Assembly Regular Meeting Minutes November 17, 2022 Page 3 of 9 Grant Application and Local Match Funding — Approval for application prior to . expending staff time. Leases — Teen Court, Red Cross, Fairgrounds, KISA, Chiniak Library, Long Term Care Major Maintenance Funding for Facilities Disposition of Mental Health Buildings — Information provided to the assembly 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 stated that she met with Karl Hertz from Providence Kodiak Island Medical Center to discuss challenges the hospital is facing with staffing and maintenance of the facility. They discussed creating a focus including Assembly members to work on medical care on Kodiak Island. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS —None. \ 14.B. RESOLUTIONS 1. Resolution No. FY2022-22A Amending and Redirecting Funds From The State Of Alaska ARPA Local Government Lost Revenue Relief Program (LGLRRP) To Offset Significant Revenue Loss Due To The Covid-19 Public Health Emergency Smiley moved to approve Resolution No. FY2022-22A. The Borough received $1,925,939.01 of ARPA funds through the Local Government Lost Revenue Relief Program (LGLRRP) and has allocated those funds in Resolutions FY2022-22. Due to recent additional guidance from the US Treasury that indicate that not all the previously identified purposes in that resolution are allowed, staff is recommending redirecting the allocation to projects that are clearly allowable. Two projects that have been identified as having COVID-19 mitigation and prevention abilities are the Peterson Elementary School HVAC and Roof project which will provide a ventilation system for the school, and the Landfill Storm Water Infiltration and Collection Improvement project which will provide for better water treatment of storm water and landfill leachate. Funds will be used first on the Peterson Elementary School HVAC and Roof project and then, if there are any remaining funds, they will be used for the Landfill Storm Water Infiltration and Collection Improvement project. Kodiak Island Borough Assembly Regular Meeting Minutes November 17, 2022 Page 4 of 9 I ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Ledoux, Smiley, Smith, Turner, and Delgado. 2. Resolution No. FY2023-09A Amending and Redirecting Previously Authorized 111 America Rescue Plan Act (ARPA) - State And Local Fiscal Recovery Funds (SLFRF) For The Benefit Of The Residents Of The Borough Smiley moved to adopt Resolution No. FY2023-09A. The Borough received $2,524,709 of ARPA funds through the State and local Fiscal Recovery Funds (SLFRF) and has allocated those funds in Resolutions FY2022-16, FY2022-19 and FY2023-09. Due to recent additional guidance from the US Treasury that indicate that not all the previously identified purposes in those resolutions are allowed, staff is recommending redirecting the remaining unexpended allocation of $2,512,354.50 ($12,354.50 was paid to the Salvation Army Food Bank per Resolution No. FY_ 2022-19) to projects that are clearly allowable. Two projects that have been identified as having COVID-19 mitigation and prevention abilities are the Peterson Elementary School HVAC and Roof project which will provide a ventilation system for the school, and the Landfill Storm Water Infiltration and Collection Improvement project which will provide for better water treatment of storm water and landfill leachate. Funds will be used first on the Peterson Elementary School HVAC and Roof project and then, if there are any remaining funds, they will be used for the Landfill Storm Water Infiltration and Collection Improvement project. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ledoux, Smiley, Smith, Turner, Delgado, and Griffin. 3. Resolution No. FY2023-15 Adopting A State Legislative Capital Improvement Projects Priority List For The 2023 Legislative Session Smiley moved to adopt Resolution No. FY2023-15. 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 Manager's office, the Assembly will discuss and decide 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 postpone Resolution No. FY2023-15 to the next regular meeting of the Assembly on December 1, 2022. Kodiak Island Borough Assembly Regular Meeting Minutes November 17, 2022 Page 5 of 9 ROLL CALL VOTE ON THE MOTION TO POSTPONE CARRIED FIVE TO ONE: Smiley, Smith, Turner, Delgado, and Griffin (AYES); Ledoux (NO). 4. Resolution No. FY2023-03A A Resolution Of The Assembly Of The Kodiak Island Borough Amending The Kodiak Island Borough Records Retention Schedule And Central Filing System To Reflect Amendments To The Borough Clerk Records Series And Election Series Smiley moved to adopt Resolution No. FY2023-03A. The Borough Clerk's office previously revised the retention schedule in the Clerk's Office category. There were a few series that were inadvertently missed during that revision and the Clerk's Office are now requesting inclusion of those changes (Exhibit A). Also presented in this resolution are the Assembly changes to the Elections series (Exhibit B). The goal is to continue working on comprehensive updates to the retention schedule by reflecting the current practice in the office. These changes were reviewed by the Borough Attorney. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Turner, Delgado, Griffin, Ledoux, and Smiley. 14.C. ORDINANCES FOR INTRODUCTION — None. 14.D. OTHER ITEMS 1. Appointment to the Kodiak Island Borough Assembly Smiley moved to convene into executive session to discuss evaluation of the Assembly applicants, a matter which might include a discussion that could potentially prejudice the reputation and character of the applicants. KIBC 2.25.060D. In appointing a person from among the applicants, the assembly shall utilize the voting procedures specified in KIBC 2.30.040(B) for the election of the deputy presiding officer. KIBC 2.30.040 Organization and deputy presiding officer. B. Election of the deputy presiding officer of the assembly shall be in the following manner: 1. As the first order of new business, nominations for deputy presiding officer shall be opened. 2. Nominations may be made by any member of the assembly. 3. At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one other person, tally the ballots. The clerk shall announce the results. 4. A majority vote of the assembly shall be required for election. Kodiak Island Borough Assembly Regular Meeting Minutes November 17, 2022 Page 6 of 9 i I 5. If no majority is cast for any candidate or candidates, the candidate with the fewest ballots shall be dropped from the list of candidates until there are two remaining and balloting shall continue until one candidate is elected. In case of an ultimate tie vote of the assembly, the mayor may vote. KIBC 2.30.070F. The vote upon any question shall be "ayes" and "noes" and shall be recorded in the journal of the assembly. In the case where only six members of the assembly are present and there is a three/three tie vote of the assembly, the mayor may vote. No resolution, ordinance or motion before the assembly shall be valid unless affirmed or denied by a majority of the votes to which the assembly is entitled on the question. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Delgado, Griffin, Ledoux, Smiley, and Smith. Smiley moved to invite the Mayor and Assembly members into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Smiley moved to discuss applicant Ryan Sharratt for the open seat on the Assembly. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Ballot slips were distributed and collected by the Clerk. Clerk and designee tallied the votes and announced Mr. Scott Arndt received the most votes. 2. Administration Of Oath Of Office To Newly Appointed Assembly Member Borough Clerk, Nova M. Javier administered the oath of office to newly appointed Assembly Member Arndt. Kodiak Island Borough Code 2.25.030 Before taking office, an assembly member shall affirm in writing that the duties of the office will honestly, faithfully, and impartially be performed. The oath shall be filed with the clerk. 3. Good Cause Determination For A Late Senior Citizen Exemption Smiley moved to grant permission to the Assessor to accept the late filed senior citizen exemption application for good cause. Applicant Grant de Line filled an application to receive the Senior Citizen exemption for tax year 2022 on October 17, 2022. At that time, he also provided his good cause. In that paperwork, Mr. de Line had a copy of the application he mailed in 2022. It appeared that he mailed it before the deadline, unfortunately, KIB did not receive the application at all. Any citizen that would have qualified Kodiak Island Borough Assembly Regular Meeting Minutes November 17, 2022 Page 7 of 9 for the exemption is given an application to fill out and begin the good cause decision phase for exemption. Mr. de Line was given a new application due to the fact the the previous one was in his (now deceased) wife's name. As stated above, the application included his good cause letter and documentation. A copy of Mr. de Lines confidential documents have been supplied to you by the Clerk. Please return the documents to the clerk for proper destruction. Per KIBC 3.35.030 D. In the event that a claimant fails to apply for a senior exemption as provided by AS 29.45.030(e) by January 15th of the assessment year for which the exemption is sought, the borough assembly for good cause timely filed, subject to the provisions contained in AS 29.45.030(e)., Assessor Garoutte is asking for the Assembly to grant a good cause waiver to Mr. de Line and direct her to accept the application as timely filed. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO TWO: Smith, Delgado, Griffin, and Ledoux (AYES); Smiley and Turner (NOES). The senior citizens exemption was granted for Mr. Grant de Line's appeal. 15. CITIZENS' COMMENTS The following spoke under citizen's comments: • Ryan Sharratt 16. ASSEMBLY MEMBERS' COMMENTS U • Assembly Member Smiley had no comment. • Assembly Member Smith thanked Ryan Sharratt for applying for the vacant Assembly seat. • Assembly Member Ledoux requested to schedule a work session to discuss procurement protocols for the Borough to see if there's a way to be more efficient. He also thanked Ryan Sharratt for his courage to step up and apply for the vacant Assembly seat. • Assembly Member Griffin mentioned his interest in discussing procurement protocols and thanked Mr. Scott Arndt and Ryan Sharratt. • Assembly Member Delgado encouraged citizens to get out and apply to boards and commissions to increase diversity within the Borough. • Assembly Member Turner thanked both applicants, Scott Arndt, and Ryan Sharratt for stepping up and applying for the vacant Assembly seat. 17. ADJOURNMENT Smiley moved to adjourn the meeting at 7:34 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Kodiak Island Borough Assembly Regular Meeting Minutes a November 17, 2022 Page 8 of 9 KODIAK ISLAND BOROUGH ATTEST: Aimee Williams, Borough Mayor iovaM. Javier, MMC, Boroug Clerk Kodiak Island Borough Assembly Regular Meeting Minutes November 17, 2022 Page 9 of 9