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2014-06-19 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting June 19, 2014 A regular meeting of the Kodiak Island Borough Assembly was held on June 19, 2014, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major Michael Bates of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Dave Kaplan, Chris Lynch, Frank Peterson, Jr., and Mel Stephens. Also present were Borough Manager Bud Cassidy, Clerk Nova Javier, and Deputy Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Mayor Friend proclaimed the month of June 2014 as Filipino American Heritage Month urging all citizens to participate in the festivities celebrating the rich heritage and traditions of the Philippine Islands. CITIZENS' COMMENTS Karen Yashin, Humane Society of Kodiak, spoke in support of non-profit funding for the animal shelter. Dave Blacketer, Senior Center of Kodiak, thanked the Assembly for the non-profit funding for the Senior Center and for the support of the Kodiak Area Transit System. Bill Murdock, Kodiak Community Health Center, thanked the Assembly for its support through non-profit funding. Jessica Skonberg, Hospice of Kodiak, thanked the Assembly for its consideration of non-profit funding. Kodiak Island Borough Assembly Regular Meeting Minutes June 19, 2014 Page 1375 Sharon Blakeslee spoke in support of Contract Nos. FY2014-37 and FY2015-03. Ken Reinke, Threshold Services, spoke in support of the non-profit funding support for community organizations and thanked the Assembly for its hard work. Scott Arndt spoke in opposition of Ordinance No. FY2014-37, in regards to the service area tax exemption of such properties located within Service Area No. 1. Mary Guilas-Hawver, Providence Kodiak Island Counseling Center, thanked the Assembly for its non-profit funding support. COMMITTEE REPORTS Assembly member Austerman spoke on the Providence Health System Service Area Board meeting. It was reported that Providence provided $1.5 million in charitable care for the community. Assembly member Lynch announced the upcoming meeting of the Kodiak Fisheries Work Group on Wednesday, June 25, and noted the work group had changed its meetings from Mondays to Wednesdays. PUBLIC HEARING 1. Ordinance No. FY2014-01 D Amending Ordinance No. FY2014-01 Fiscal Year 2014 Budget by Amending Budgets to Account for Various Revenues That are Over Budget, Provide for Additional Expenditures and Move Funds Between Projects. PETERSON moved to adopt Ordinance No. FY2014-01 D. The Borough realized $894,000 in the last land sale and the Borough received a grant for $2,187,452 and a grant for $208,540. The Borough also needed to increase the budget for the removal of the Chiniak underground storage tank and the removal and replacement of other underground storage tanks. The Kodiak Soil and Water Conservation District would provide $40,000 for replacement of a culvert to aid fish passage at Lake Orbin, and the project would be managed by the Borough. The Borough would remove an existing three-foot diameter culvert located in an unnamed stream that flowed from Lake Orbin and replace it with a six-foot diameter culvert to aid fish passage. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, Peterson, and Stephens. Kodiak Island Borough Assembly Regular Meeting Minutes June 19, 2014 Page 1376 BOROUGH MANAGER'S REPORT Borough Manager Cassidy reported on the following: • Lobbyist Mark Hickey was prepared to start the Capital Improvements Priority list process early. • Staff attended a City Council meeting regarding re-couping a percentage of the money generated for building inspections; there would be increased costs for the inspections. It was recommended the Assembly and City Council address the matter at a Joint Work Session. • More money was issued for Payments in Lieu of Taxes (PILT). PILT was provided for federal lands located on Kodiak. Additional monies were expected for the program nationwide. • Addressed the cancelation of the Personnel Advisory Board meeting which had been tentatively scheduled for June 18. The meeting would be scheduled for a future date once Contract No. FY2014-37 was approved by the Assembly. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend spoke on the Old Harbor Leadership Summit which he and members of the Assembly had attended on May 28. He urged Assembly members to make contact with their assigned rural communities and to continue involvement with those communities. The communities had reported that they looked forward to hearing from Assembly members. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2014-31 Chiniak School Oil Tank Replacement Project. KAPLAN moved to authorize the Manager to approve Contract No. FY2014-31 to S&S Enterprises Inc., dba Kodiak Lawn Care and Snow Removal for the Chiniak School Oil Tank Replacement Project in an amount not to exceed $144,900. The contract was for the Chiniak School Oil Tank Replacement project as shown in the construction documents prepared by Jensen Yorba Lott, Inc. The work included the removal of one 500 gallon underground storage tank, the decommissioning of one 12,000 gallon underground storage tank, removal of miscellaneous fuel piping, installation of one 3,000 gallon above-ground fuel tank, and miscellaneous other work as required for a complete and operational fuel system. An invitation to bid was issued on March 7, 2014, and bids were opened on April 1, 2014. Four bids were received and staff determined that S&S Enterprises Inc., dba Kodiak Lawn Care and Snow Removal, of Kodiak, Alaska was the lowest responsible/responsive bidder. The project Kodiak Island Borough Assembly Regular Meeting Minutes June 19, 2014 Page 1377 was a Borough Renewal and Replacement project with funds budgeted to complete the necessary project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch,, Peterson, Stephens, and Austerman. 2. Contract No. FY2014-36 Panamaroff Park Playground Equipment Procurement. LYNCH moved to authorize the Manager to execute Contract No. FY2014-36 with Playcraft Direct, Inc. of Grants Pass, Oregon for the Panamaroff Park Playground Equipment Procurement in an amount not to exceed $58,643.70. The contract was for the Panamaroff Park Playground Equipment Procurement for the park located in the Womens Bay area. The proposal documents and associated addenda were available for review. Five proposals were received in response to the Borough's invitation to bid dated April 15, 2014. Proposals were reviewed by staff. Playcraft Direct, Inc. was determined to be the lowest/best proposer. The equipment consisted of a modular play structure, swing set, see-saw, tunnel/tube crawl, digger/excavator, picnic tables and benches. The Kodiak Island Borough received a State of Alaska Designated Legislative Grant in FY2013 in the amount of$100,000 which would be used to purchase the equipment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Peterson, Stephens, Austerman, and Bonney. 3. Contract No. FY2014-37 Collective Bargaining Agreement With the International Brotherhood of Electrical Workers, Local 1547. PETERSON moved to authorize the manager to execute Contract No. FY2014-37 with the International Brotherhood of Electrical Workers, Local Union 1547 to reflect a COLA increase for all Borough employees (union and non-union) effective January 1, 2014; permit transfer of union employees from the state sponsored health insurance plan to the Alaska Electrical Health and Welfare Trust; and to provide health insurance to IBEW members, and to adjust the Borough Salary Schedule. The contract with the IBEW expired on December 31, 2011. Since that time the contract had been extended a year at a time. The Borough Negotiating Team made up of the Manager, Finance Director, HR Officer, and Special Projects staff opened negotiations on the contract with the IBEW Negotiating Team. There were a number of meetings with the last one occurring in April 2014. At that time, the IBEW and the Borough tentatively approved various contract provisions. That amended contract was subsequently approved by the members of the IBEW. The final step to complete the three year contract was approval by the Assembly. Kodiak Island Borough Assembly Regular Meeting Minutes June 19, 2014 Page 1378 Besides a number of housekeeping items, the contract identified two major changes. It identified another health care program (AETNA was the Borough's present health insurance carrier) for IBEW employees. The health care program was administered by an IBEW Trust program known as the Alaska Electrical Health and Welfare Fund. The new arrangement would provide affordable health care to employees as well as a cost savings to the Borough (who contributed to employees' health care costs). Also, in the contract was a compensation increase through cost of living increases of 1.75°/x, 2.0%, and 2.0% for the life of the three year contract. Additional items negotiated and agreed upon were outlined on a separate document attached in the packet. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Peterson, Stephens, Austerman, Bonney, and Griffin. 4. Contract No. FY2015-02 Banking Services for the Kodiak Island Borough. AUSTERMAN moved to authorize the manager to execute Contract No. FY2015-02 with Wells Fargo Bank for banking services for the Kodiak Island Borough for the period of September 1, 2014 to August 31, 2017, with an optional two-year extension. On February 14, 2014, the Borough released a request for proposals for banking services (RFP was provided). Three proposals were received and evaluated by a team of Borough staff members. The result of the analysis was provided to the Assembly as a confidential document in accordance with Kodiak Island Borough Code 3.16.110D Competitive sealed proposals — negotiated procurement. After the contract was awarded, the proposals would become available to the public. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Stephens„ Austerman, Bonney, Griffin, and Kaplan. 5. Contract No. FY2015-03 Non-Union Employee Participation in Alaska Electrical Health and Welfare Fund. LYNCH moved to authorize the Manager to execute Contract No. FY2015-03 with the Alaska Electrical Trust Fund of Anchorage, Alaska for non-union employee healthcare in an amount identical to those negotiated in the IBEW Collective Bargaining Unit contract and approved by the Assembly. Approval of the contract would permit Borough non—union employees to participate in the Alaska Electrical Trust Fund Health and Welfare Fund along with Borough union employees.. Review of the program was that it provided affordable healthcare to participants. The premiums under the plan were less than the state-operated Aetna health insurance plan. The Borough was not the only non-union entity participating in the electrical health insurance program. The City of Fairbanks, union and non-union employees, had a long relationship with the trust. The Kodiak Island Borough Assembly Regular Meeting Minutes June 19, 2014 Page 1379 interview of Fairbanks employees demonstrated that they felt that it was a good program in terms of providing affordable premiums and service. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Stephens, Austerman, Bonney, Griffin, Kaplan, and Lynch. Resolutions 1. Resolution No. FY2014-32 Approving Fiscal Year 2015 Kodiak Island Borough Non-Profit Funding. LYNCH moved to adopt Resolution No. FY2014-32. The Borough was fortunate to enjoy the efforts of many benevolent non-profit organizations that provided services that enriched the lives of the community. The Kodiak charitable non-profit organizations provided humanitarian services that many of the community members relied upon. These organizations provided expanded education, cultural, and health services that could not be provided through the ordinary governmental budget. These organizations expanded the services that could be provided, with limited funds, through the utilization of volunteers. The viability of these services was fundamental to the quality of life enjoyed in the community. The Non-Profit Funding Committee reviewed the applications and recommended funding to the Assembly as reflected in the resolution. Total Amount Appropriated for FY2015 = $409,500 Total Amount for Initial Nonprofit Funding for FY2015 = $389,992 Amount Left for Contingency Funding for FY2015 = $10,508 STEPHENS moved to amend Resolution No. FY2014-32 by substitution. Assembly member Stephens provided a substituted version of Resolution No. FY2014-32 which funded all FY2015 non-profit applicants for a total appropriation of$388,988. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION FAILED SIX TO ONE: Austerman, Bonney, Griffin, Kaplan, Lynch, and Peterson (Noes); Stephens (Aye). ROLL CALL VOTE ON MAIN MOTION CARRIED SIX TO ONE: Austerman, Bonney, Griffin, Kaplan, Lynch, Peterson (Noes); Stephens (Aye). 2. Resolution No. FY2015-03 Participation in the AMLJIA Loss Control Incentive Program. This item was approved under the consent agenda. The resolution authorized continued Borough participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. The Borough had participated Kodiak Island Borough Assembly Regular Meeting Minutes June 19, 2014 Page 1380 in the Loss Control program since 2006. Participation in the incentive program required the resolution as well as monthly safety committee meetings, bi-annual facilities self-inspections, and employee safety training. It was required that a resolution be adopted annually in order to be eligible for the discount of$20,000 on the Borough's contribution. Ordinances for Introduction 1. Ordinance No. FY2014-19 Requesting the Inclusion of the Newly Constructed Residence Located at Lot 8, Block 1, Lakeside Subdivision First Addition and the Residence Located at Lot 7, Block 2, Akhiok Townsite in the Existing Payment in Lieu of Tax (PILT) Agreement with Kodiak Island Housing Authority. LYNCH moved to adopt Ordinance No. FY2014-19 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Housing Authority (KIHA) sought to acquire Assembly approval for an extension of the existing payment in lieu of tax agreement to include the newly constructed single family residence located at Lot 8, Block 1, Lakeside Subdivision First Addition and the residence located at Lot 7, Block 2, Akhiok Townsite pursuant to KIBC 3.35.030(F) Real and personal property exempted from taxation. The extension would allow for the consistent implementation of the KIHA overall policy of providing decent, safe, sanitary, and affordable housing to participant households under the requirements of the Native American Housing and Self Determination Act of 1996, (NAHASDA). Approval of KIHA's request would not affect the existing agreement except to include the newly constructed single family residence and the recently acquired residence. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Kaplan, Lynch, Peterson, and Austerman (Ayes); Stephens, Bonney, and Griffin (Noes). 2. Ordinance No. FY2014-20 Amending Title 2 Administration and Personnel Chapter 2.30 Rules of the Assembly Section 2.30.080 Decorum in Debate Section 2.30.090 Citizens" Rights. LYNCH moved to adopt Ordinance No. FY2014-20 in first reading to advance to public hearing at the next regular meeting of the Assembly. The ordinance was requested and cosponsored by Assembly members Austerman and Lynch. The ordinance was reviewed by the Borough Attorney and the legal opinion was on file and available to the Mayor and Assembly in the Clerk's Office. The intent of the ordinance was to establish proper decorum during Assembly meetings, Borough code and Alaska Statutes provided reasonable opportunity for the public to be heard. "Reasonable opportunity" meant that reasonable restrictions were allowed such as time limits and decorum rules. Every person should be allowed to state their positions in an atmosphere Kodiak Island Borough Assembly Regular Meeting Minutes June 19, 2014 Page 1381 free of slander, libel, and threats of violence. Every person should be referred to in a respectful manner confining remarks to the merits of the pending questions avoiding personalities. The ordinance would provide tools for the Assembly to conduct efficient and orderly meetings. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Griffin, Kaplan, Lynch, Peterson, Austerman, and Bonney (Ayes); Stephens (No). Other Items 1. Assembly Approval of the Vacation of Private Access and Utility Easements on Lot 13F-1 and the Vacation of a 10' Private Sewer Easement on Lot 1313-1, United States Survey 3100. This item was approved under the consent agenda. At its regular meeting of May 21, 2014, the Planning and Zoning Commission granted approval of a preliminary plat consolidating Lots 13F-1 and 138-1, United States Survey 3100, creating Lot 13B-2 United States Survey 3100. The existing' private access and utility easements were no longer required for access or utility service to the consolidated lot. No utility provider expressed an interest in retaining any portion of the utility easement. Because a vacation of a utility easement was involved, KIBC 16.60.060(A) Additional approval requried necessitated assembly review and approval. If approved, the applicant would submit a final plat that met KIBC code requirements. The Assembly approved of the Vacation of Private Access and Utility Easements on Lot 13F-1 and the Vacation of a 10' Private Sewer Easement on Lot 136-1, United States Survey 3100. 2. Declaring a Seat on the Parks and Recreation Committee Vacant (Jeff Huntley). This item was approved under the consent agenda. On June 4, 2014 the Clerk's Office received notice of the recent passing of Mr. Jeff Huntley, who had served on the Parks and Recreation Committee since September 2002. Per KIBC 2.100.070(A)Vacancies it was necessary to declare the seat held by Mr. Huntley vacant, and according to KIBC 2.100.070(D) advertisement of the vacancy was required for new applicants for a seat term to expire December 2015. The Assembly declared the seat held by Mr. Jeff Huntley on the Parks and Recreation Committee for a seat term to expire December 2015 vacant and directed the Borough Clerk to advertise the vacancy per Borough Code. CITIZENS' COMMENTS Alan Schmitt, Marion Center Inc., and Hospice of Kodiak, thanked the Assembly for its non- profit funding support. Brandi Wa ner thanked the Assembly for its work on the non-profit funding and looked forward to assisting the subcommittee in the future. Kodiak Island Borough Assembly Regular Meeting Minutes June 19, 2014 Page 1382 ASSEMBLY MEMBERS' COMMENTS Assembly members Austerman and Peterson thanked Ms. Guilas-Hawver and commended the FilArn Association and the Filipino community for its contributions to the Kodiak community. Assembly members Bonney and Peterson thanked the non-profit subcommittee for its hard work on the FY2015 funding. Assembly member Peterson spoke on the accomplishments of Kodiak Island Housing Authority and its programs that benefited the Kodiak community. Assembly member Stephens spoke on Resolution No. FY2014-32. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Peterson, Stephens, Austerman, Bonney, and Griffin. The meeting was adjourned at 8:53 p.m. =1A 17S I�UGH ATTEST: erro'l Friers"' ayor Nova M. Javier, MMC, Orough Clerk Approved ow July 3, 2014 Kodiak Island Borough Assembly Regular Meeting Minutes June 19, 2014 Page 1383