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09/01/2022 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting September 1, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on September 1, 2022, 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 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 William Roberts, Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Geoffrey Smith, Scott Smiley, James Turner, and Aimee Williams. 5. APPROVAL OF AGENDA AND CONSENT AGENDA Arndt moved to approve the agenda and the consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. 'APPROVAL OF MINUTES(Approved under consent agenda) 1. Special Meeting Minutes of August 1, 2022, Regular Meeting Minutes of August 4, 2022, and Special Meeting Minutes of August 25, 2022. 7. CITIZENS' COMMENTS The following spoke under citizen's comments. Daniel Rohrer 8. AWARDS AND PRESENTATIONS — None. 9. COMMITTEE REPORTS Assembly Member Williams attended the Prince William Sound Regional Citizens Advisory Council information and education committee meeting and Kodiak Island Borough September 1, 2022 Assembly Regular Meeting Minutes Page 1 of 8 thanked ex Kodiak residents Trenton Dodson Jane Eiseman for their previous service on the council. • Assembly Member Arndt attended the Sitka City and Borough meeting during his trip for summer AML conference and leaned a lot from their meeting. 10. PUBLIC HEARING — None. 11. BOROUGH MANAGER'S REPORT Interim Borough Manager Dave Conrad reported on the following: Chief Lee Finlayson has departed for an anticipated six -week timeframe. Rebecca Nelson has been appointed as Interim Fire Chief until his return. Assessor Seema Garoutte is currently on a well -deserved leave and will return in a couple of weeks. Womens Bay Volunteer Fire Department has received their Type 6 Wildland Engine and the Department is working to outfit the apparatus for operation. He engaged in discussions with Milton Keeter, CEO of Alaska Aerospace regarding the recent information on various social media platforms. Keeter has stated that the operations currently being conducted are within the scope of the plan. Keeter also provided the following information: • Alaska Aerospace is updating the Interagency Land Use Management Agreement (ILMA) with the Department of Natural Resources (DNR) is true. • Expansion to an additional 7000 acres is false. • Discussion on working with the USCG about the 87 acres within the current lease area. No active talks or commitments are in place currently. Mr. Keeter will be at the September 8, 2022, Assembly Work Session for discussion and to answer any questions. The Clerks have provided a link to the assembly for the Alaska Aerospace Pacific Spaceport Complex Alaska Master Plan 2020-2030 Advisory Group Workbook. After quick look it appears that if a working group is required for plan review and updates the individuals on the advisory group should be updated. This plan is also available to the public on the Alaska Aerospace website. He had a discussion with Lobbyist Mark Hickey and Meagan Christiansen this morning regarding several projects including the request for project funding associated with the Bells Flats Flooding issues. Discussed his trip to Kodiak and attendance at the September 29 Work Session. PKIMC/LTC — Staff participated in a joint meeting with Providence Kodiak Island Medical Center regarding the status of several R&R Capital Projects needed at the facility. The Long -Term Care Center lease discussions have been rekindled and he is projecting additional discussions and development of the required R&R list to finalize this lease. Kodiak Island Borough Assembly Regular Meeting Minutes September 1, 2022 Page 2 of 8 L He and Finance Department are discussing a proposal to finalize the costs associated with the two fuel spills on the property. Staff anticipates completion of this discussion prior to the end of September. PKIMCIKCHC — He is requesting consideration and discussion to be advanced regarding the future needs of the Borough Health Care Facility and requirements for the future of the Kodiak residents for health care. The two original facility components from the 60's and 70's are structurally deficient and were not intended for the purposes they are used for today. As the community was fortunate enough to recover funds lost associated with the pandemic, discussion and planning should be paramount regarding the lessons learned from the pandemic and associated hardships. KIBSD — KIBSD, USCG, and KIB staff are scheduled to perform walk around to discuss the possible locations available for a potential school site on the Coast Guard Facility. I have provided a copy of the FY24 Capital Improvement Plan Priority List approved by the KIBSC Board of Education with this document for the assembly's information. Assessing — KANA case — Working on follow-up information after depositions. KIB awaiting ruling from judge from the first portion of the proceedings. September 8th oral arguments, December 12,13, 14 tentative trial dates. Community Development - Staff are working on various permits and applications. Spruce Cape subdivision has been received for staff initial review and comments. A request has been made to identify departmental issues associated with workflow and staffing. Several zoning cases are scheduled to come before the Assembly on September 15. Finance — Staff is working to gather information for the upcoming reporting required for the ARPA funds received to date. Anticipate an additional conversation regarding the issued final rule regarding expenditure and accounting requirements. Staff is working on gathering information and preparing reports for the week of September 12. Staff is currently preparing the FY2023 Budget Book for the Government Finance Officers Association (GFOA). Due to the current workload, a delay has been granted for this submission. Staff has begun the investigation related to bonds that could possibly be paid off early. This will take several days of research over several weeks. Engineering and Facilities KRFC — Three bids were received and are being reviewed for the Carpet Replacement at the KFRC Facility. The bid tabulation has been posted on the KIB website. Auto Repair and Maintenance Contract — No bids were received. Staff will review the procurement code sections to determine how to have vehicle services performed in accordance with the KIB Code. Kodiak Island Borough September 1, 2022 Assembly Regular Meeting Minutes Page 3 of 8 Bulldozer Procurement — Dozer has been received in Seward and will be shipped to Anchorage for repair sequence. Staff anticipates a several months long rebuild until it is returned to Kodiak. Service Area Contracts — The sample contract was discussed at the July 14 Work Session. Service Area Boards have requested a time extension through September 12. The Main Elementary roof is continuing. No plywood sheeting had to be replaced during the project. Rain gutter and downspouts are being installed. Anticipate completion within one or two weeks. Weather is the complicating factor. Impacts will be on parking areas until the project is completed. Landfill — Work is continuing at the site. Blasting continues. Significant work on the Closure Project has been made. Liner contractor is scheduled for the week of September 12th. Crusher and cone have been mobilized and rock is being placed for the sub -base areas required. Staff has completed and submitted the ADEC State Revolving Loan Questionnaire. Awaiting the announcement after the ADEC review for beginning the actual loan application. This request will be for 4.45 million dollars. Staff is researching a grant opportunity for Hunter Access Grant funding associated with possible bridge replacement at the KIB property in Chiniak. This funding would aim to design and possible replace the temporary "logging bridge" currently in that location. List of Pending Items for Discussion • Bayside Fire Apparatus Procurement • 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. • 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 Roberts reported he has been receiving calls and comments from citizens concerned about the Spaceport rocket launch Pasakshak closure. He encouraged Assembly to look at the 10 year plan presented by Dan Rohrer before next week's work session. Kodiak Island Borough September 1, 2022 Assembly Regular Meeting Minutes Page 4 of 8 I L 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS —None. 14.6. RESOLUTIONS 1. Resolution No. FY2023-10 Authorizing The Borough Manager To Apply To The State Of Alaska Department Of Environmental Conservation (ADEC) For The Amendment Of The Existing Alaska Clean Water Fund Loan Number 505041 (Landfill Design And Construction, Phase III — Leachate Treatment Facility) For The Leachate Treatment Plant Upgrade And The Stage 3 Landfill Cover Projects Arndt moved to adopt Resolution No. FY2023-10. E/F staff have been working with the ADEC State Revolving Fund to explore the potential for State loan funding to help with the Leachate Treatment Plant Upgrade and the Stage 3 Landfill Cover projects. As part of the State Revolving Fund loan application process, a resolution authorizing the application for and acceptance of financial assistance must be adopted by the local governing body (city council or borough assembly). The resolution must: (1) authorize the SRF loan application process, and (2) authorize a designated representative of the local government to execute the loan agreement. The Borough presently has $1,706,635.39 remaining in Loan# 505041 associated with Phase #3 of the Lateral Expansion Project. The State allowed the KIB to retain these funds understanding that additional work would be required to prefect the systems. This application is for an amendment to the original loan. It can be used for the Closure design and material cost and for the Plant Addition it can be used for all proportional costs. To date, we have not determined the total amount to be requested. Arndt moved to amend Resolution No. FY2023-10 by inserting "4.5 million would be repaid over no more than 30 year term" to line 42 and "for a loan not to exceed 4.5 Million" on line 51. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Delgado, Griffin, Smiley, Smith, Turner, and Williams. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Griffin, Smiley, Smith, Turner, Williams, and Arndt. 2. Resolution No. FY2023-11 Amending The Bylaws of The Kodiak Fisheries Development Association Kodiak Island Borough September 1, 2022 Assembly Regular Meeting Minutes Page 5 of 8 Arndt moved to adopt Resolution No. FY2023-11. The Kodiak Fisheries Development Association (KFDA) Board of Directors is proposing a number of amendments to their bylaws. KFDA bylaws may only be amended jointly by resolution of the Kodiak Island Borough and the Kodiak City Council. KFDA's current bylaws were adopted by the initial board of directors in 2005 and have not been revised since. On September 29, 2021, Linda Freed provided an update to the City Council and Kodiak Island Borough Assembly at their joint work session, including a secretary and treasurer report from KFDA and the proposed bylaws revisions. On August 15, 2022, Linda Freed contacted the Borough Clerk's Office and asked the resolution be placed on the agenda for Assembly consideration. The bylaws amend the quorum requirements and allow the directors to meet for their annual meeting in September. The City of Kodiak has a similar Resolution which they adopted on August 25, 2022. Arndt moved to postpone Resolution No. FY2023-11 to the next regular meeting of the Assembly on October 6, 2022. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Williams, Arndt, Delgado, and Griffin. 14.C. ORDINANCES FOR INTRODUCTION — None. 14.D. OTHER ITEMS 1. Selection Of A Proposer For The Kodiak Island Borough Employee Compensation Study Arndt moved to openly discuss the selection of a proposer for the Kodiak Island Borough Employee Compensation study including part of the assembly discussion during the executive session on August 4, 2022, with the exclusion of confidential information in the proposals submitted by proposers which should be protected until post award. This item was presented to the Assembly on August 4 and failed. It is being brought before the Assembly again at the request of the Mayor. KIBC 2.30.070(0) states that the same motion that receives the same outcome two meetings in a row shall not be revisited for six months unless the members by a majority vote agree to do so. Agenda Summary on August 4, 2022: The Assembly directed Manager Murphy to issue a Request for Proposals (RFP) for a contractor to produce an Employee Compensation Study. The RFP was Kodiak Island Borough Assembly Regular Meeting Minutes September 1, 2022 Page 6 of 8 advertised, and four proposals were received. Staff reviewed the proposals and narrowed the choices to two. Because Manager Murphy is no longer available to participate in the recommendation of a proposer, staff is requesting that the Assembly review the two final proposals and select a proposer for the contract to conduct an employee compensation study. Smiley moved to accept Gallagher and Company's proposal for the Kodiak Island Borough compensation study. ROLL CALL VOTE ON MAIN MOTION CARRIED UNANIMOUSLY: Smith, Turner, Williams, Arndt, Delgado, Griffin, and Smiley. ROLL CALL VOTE ON MOTION TO ACCEPT FAILED FOUR TO THREE: Turner, Williams, Arndt, and Delgado (NOES); Griffin, Smiely, and Smith (AYES). 2. Declaring The Seats Held by Mr. Nathan Svoboda And Mr. Patrick Cummings On The Solid Waste Advisory Board Vacant Arndt moved to accept, with regret, the resignations of Mr. Svoboda and Mr. Cummings on the Solid Waste Advisory Board and direct the Borough Clerk to advertise the vacancies per Borough Code. Mr. Svoboda and Mr. Cummings have tendered their resignation from serving on the Solid Waste Advisory Board. Both emails are attached in the packet. The Kodiak Island Borough would like to extend appreciation for their service. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Delgado, Griffin, Smiley, Smith, and Turner. 3. Approval Of A Letter Of Support For State Of Alaska's DOT&PF Applications For The Electric Or Low -Emitting Ferry Pilot And Ferry Service Rural Communities Programs Arndt moved to approve a letter of support for State Of Alaska's DOT&PF applications for the electric or low -emitting ferry pilot and ferry service rural communities programs ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Smiley, Smith, Turner, and Williams. 15. CITIZENS' COMMENTS The following spoke under citizen's comments. • Daniel Rohrer 16. ASSEMBLY MEMBERS' COMMENTS Kodiak Island Borough Assembly Regular Meeting Minutes September 1, 2022 Page 7 of 8 • Assembly Member Turner was in support of both the Borough Mayor and Manager each writing a letter to oppose the expansion of AK Aerospace's land management and additional road closure authority. • Assembly Member Delgado stated being in support of both the Borough Mayor and Manager each writing a letter to oppose the expansion of AK Aerospace's land management and additional road closure authority and encouraged citizens to attend the Suicide Prevention walk hosted by KANA. • Assembly Member Griffin thanked SWAB members for their service and congratulated our new Congressional representative Mary Peltola, schools, and college on the start of the school year as well as expressed being in support of both the Borough Mayor and Manager each writing a letter to oppose the expansion of AK Aerospace's land management and additional road closure authority. • Assembly Member Smiley expressed his support of both the Borough Mayor and Manager each writing a letter to oppose the expansion of AK Aerospace's land management and additional road closure authority. • Assembly Member Arndt expressed his support of both the Borough Mayor and Manager each writing a letter to oppose the expansion of AK Aerospace's land management and additional road closure authority. • Assembly Member Smith expressed his support of both the Borough Mayor and Manager each writing a letter to oppose the expansion of AK Aerospace's land management and additional road closure authority. • Assembly Member Williams expressed his support of both the Borough Mayor and Manager each writing a letter to oppose the expansion of AK Aerospace's land management and additional road closure authority and reminded citizen's of the upcoming local election on October 4, 2022. 17. ADJOURNMENT ARNDT moved to adjourn the meeting at 8:02 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK IS D ;)O§bUGH Wi iam Roberts, Borough Mayor Kodiak Island Borough September 1, 2022 ATTEST: Nova M. Javier, Borough Jerk Assembly Regular Meeting Minutes Page 8 of 8 H