Loading...
2018-10-18 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting October 18, 2018 A regular meeting of the Kodiak Island Borough Assembly was held on October 18, 2018, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Andrew Schroeder, Scott Smiley, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Karen Siador. VAN DAELE moved to excuse Assembly members Kavanaugh, Skinner, and Symmons who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA VAN DAELE moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES The regular meeting minutes of August 2, August 16, September 6, 2018, and, September 20, 2018; and special meeting minutes of August 28, September 13, and September 20 were approved under the consent agenda. CITIZENS' COMMENTS The following spoke under citizen's comments: Paul Vandyke Jack Mann Brandi Wagner Mary Ruskovich AWARDS AND PRESENTATIONS Mayor Rohrer declared October 2018 Filipino -American Month Proclamation. The proclamation was accepted by Patilou Peralta, Fil-Am President, on behalf of the Filipino -American Association. Mayor Rohrer presented the October 2018 Domestic Violence Awareness Month Proclamation to Beth Davis, KWRCC Outreach Coordinator and encouraged all citizens of Kodiak to actively support and participate in the ongoing programs designed to reduce and eventually eliminate domestic violence as a social problem. Kodiak Island Borough Assembly Regular Meeting Minutes October 18, 2018 Page 1 of 10 The October 2018 Fire Prevention Month Proclamation was presented to Bayside Fire Chief, Howard Rue III and encouraged all citizens to Look. Listen. Learn. Be aware —fire can happen anywhere. Manager Michael Powers announced there were no nominations submitted for the for Employee of the Quarter Award. Manager Powers presented Longevity Awards to the following: • Brandi Wagner for 5 years • Paul Vandyke for 25 years • Angela Mackenzie for 5 years • Kat Maker for 5 years Dora Cross, Finance Director, delivered a financial report for the first quarter of FY2019. COMMITTEE REPORTS Mayor Rohrer reported on the Borough Lands Committee that was held on October 10, 2018. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Powers briefly reported on the following: • Working on capital budget • Gap Analysis • Conducted reference checks on potential Borough Attorney • Worked with staff and outside counsel on a potential settlement of the Watterson (High School) lawsuit. • Reviewed RFP for Solid Waste Collection Services • Attended the LEPC meeting. Met with Chief Mullican regarding future training and exercises as well as current emergency management plans. • Met with KIBSD regarding school closures, maintenance issues and other topics. • Reviewed voter approved ballot initiative. • Worked with staff regarding capital budget program for the Borough. • Received an update from staff regarding the action by the Planning and Zoning Commission to table indefinitely, the Larsen Bay Comp Plan update. MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer reported on the following • Forum in regards to Ballot Measure 1. • Spoke to Craig Campbell, CEO of Alaska Aerospace Corporation. UNFINISHED BUSINESS None. Kodiak Island Borough Assembly Regular Meeting Minutes October 18, 2018 Page 2 of 10 NEW BUSINESS Contracts Contract No. FY2019-10 Term Contract Award For Architectural and Engineering Services For Various Capital Improvement Projects. SMILEY moved to authorize the Manager to execute Contract No. FY2019-10 with Jensen Yorba Lott, Inc. for Architectural and Engineering Services for various capital improvement projects. This contract is for architectural and engineering services for projects at various Borough facilities, including schools, government offices, and research facilities. A Request for Proposals (RFP) was issued on July 17, 2018, and proposals were due and opened on August 21, 2018. Seven proposals were received from the following firms (listed alphabetically): • Jensen Yorba Lott, Inc. • Kuna Engineering • KPB Architects • LCG Lantech, Inc. • McCool Carlson Green • Northwind Architects, LLC • RIM Architects, LLC A committee of Kodiak Island Borough and Kodiak Island Borough School District staff reviewed the proposals based on the criteria outlined in the RFP, and provided a recommendation to the Architectural/Engineering Review Board that Jensen Yorba Lott, Inc. (JYL) be awarded the contract. The ARB met on October 1, 2018, and voted to forward that recommendation to the Assembly. Per Kodiak Island Borough Code 3.30.110(D) the proposals and tabulations are not being made public until a contract is awarded, but a brief discussion of the reasons for recommending JYL was included in the attached memo dated September 21, 2018, and provided to the ARB. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Crow, Schroeder, Smiley, and Van Daele. Resolutions Resolution No. FY2019-09 Ratifying And Certifying The Results Of The October 2, 2018 Municipal Election. VAN DAELE moved to adopt Resolution No. FY2019-09. The local municipal election was held on Tuesday, October 2. The Canvass Board met on October 10 and examined in detail all write-ins, absentee ballots, questioned ballots, personal representative ballots, optical scan receipts, and original and duplicate tally books from each of the precincts of the Kodiak Island Borough. The Borough Code states that as soon as possible after the canvass of returns is completed, the Borough Assembly shall meet to receive the report of the canvass board and if after considering said report, the assembly determines that the election was validly held, the election shall be certified by resolution and entered upon the minutes of the meeting. Kodiak Island Borough Assembly Regular Meeting Minutes October 18, 2018 Page 3 of 10 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Schroeder, Smiley, Van Daele, and Crow. 2. Resolution No. FY2019-10 Accepting An Assistance To Firefighters Grant For The Bayside Fire Department VAN DAELE moved to adopt Resolution No. FY2019-10. An application was submitted to the Assistance to Firefighters Grant program requesting funding to assist with the purchase and installation of an exhaust extraction system at the Bayside Fire Station estimated to cost $99,900. The AFG has awarded a grant in the amount of $87,039 with a required match of 5%. Bayside has funds budgeted to pay the match and any additional cost needed to complete the project. This resolution is needed to accept the funds and make them available for Chief Rue to expend on the project. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Van Daele, Crow, and Schroeder. Resolution No. FY2019-02A Amending Resolution No. FY2019-02 Schedule Of Fees Of The Kodiak Island Borough . VAN DAELE moved to adopt Resolution No. FY2019-02A Amending Resolution No. FY2019-02 Schedule Of Fees Of The Kodiak Island Borough. On August 15, 2018 the Kodiak Area Native Association (KANA) met with staff from the Engineering and Facilities (E/F) Department to discuss a program whereby KANA is assisting rural villages with diverting special waste that is typically hazardous in nature from disposal in the village landfills. These villages are outside of the service area that the Kodiak Island Borough (KIB) manages under the current solid waste program. One of the materials discussed was the acceptance of fluorescent light bulbs (FLBs) at the KIB Landfill. The current fee schedule allows residents and commercial business within the service area to bring FLBs to the KIB Landfill for no charge up to a weight of 40 lbs. FLBs received at the landfill with a weight in excess of 40 pounds are charged a disposal rate of $1.00 per pound for the weight difference in accordance with the fee schedule. The rural villages are outside of the KIB solid waste collections service area and therefore the FLB waste generated by the villages would not qualify for the disposal fee waiver. Staff from the KIB E/F Department would like to provide assistance to KANA and the rural villages with the management of household hazardous waste and have determined that it would be reasonable to charge a disposal rate of $1.00 per pound for the entire weight of any FLBs received at the landfill. Another addition to the fee schedule is to authorize staff to grant specific exemptions to select non-profit groups from the payment of fees for the disposal of solid waste generated from approved cleanup activities. The KIB Engineering and Facilities (E/F) department has been approached by a local representative of a non-profit group with a request to have solid waste disposal fees waived for a forthcoming cleanup event and may receive similar requests from other non-profit groups in the future. The solid waste would be materials generated from cleanup events planned and approved prior to the event taking place. It is estimated that the Kodiak Island Borough Assembly Regular Meeting Minutes October 18, 2018 Page 4 of 10 cleanup events would generate no more than 1,000 pounds of solid waste and other debris for each event. Fluorescent light bulbs are not disposed in the landfill but instead are stored for later shipment to an approved hazardous waste disposal facility. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, Schroeder, and Smiley. Ordinances for Introduction Ordinance No. FY2019-01A Amending Ordinance No. FY2019-01, Fiscal Year 2019 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects VAN DAELE moved to advance Ordinance No. FY2019-01A to public hearing at the next regular meeting of the Assembly. This ordinance details changes and accounts for additional funding requests that have occurred during the current fiscal year for items or circumstances that were not known or expected during the initial creation of the fiscal budget. Funds are accounts established to collect money that must be used for a specific purpose. The following funds are being changed with this budget amendment. • Fund 220 - Building and Grounds (increased by $336,000 due to the return of funds from the Main Elementary Walkway project) • Fund 276 - Facilities Fund (increased by $11,130 due to the return of funds from the Main Elementary Walkway project) • Fund 530 - Solid Waste Collection & Disposal (decreased by $50,000 due to transfer of funds to Baler Building UST project) • Fund 555 - KFRC (decreased by $180,000 due to transfer of funds to projects; $30,000 to Seawater Storage & Filter Vessel, and $150,000 to Fire Alarm Upgrades) Although ordinances are not legally needed for transfer of funds between sub -departments within a department, staff has recommended this to facilitate intent and financial transparency to the public. • Fund 220 - Building and Grounds (department 232 (Borough Building) moving $150,000 of contingencies: $75,000 to department 234-215 Closed Schools - Larsen Bay and $75,000 to department 234-225 Closed Schools - Karluk for repairs and maintenance needed to shut down and secure the building and internal systems) • Fund 220 - Building and Grounds (department 232 (Borough Building) moving $25,000 of budgeted expenses from sub -department 234-220 Closed Schools - Port Lions to sub -department 234-215 Closed Schools Larsen Bay for ongoing utility expenses) Projects: Since most projects cover multiple years, the borough does not create annual budgets for them. Instead, each project budget is created individually when the project itself is created. Throughout the life of a project, funds may be moved into or out of the project due to additions and subtractions to changes to the scope work, expenses that come in over/under original Kodiak Island Borough Assembly Regular Meeting Minutes October 18, 2018 Page 5 of 10 estimates, or funds that remain at the completion of the project. The projects being amended by this budget amendment are: • Main Elementary Walkway (reduction of $347,500 of funding; $336,700 is being returned to Fund 220 - Building & Grounds, and $11,130 of funding which is being returned to Fund 276 - Facilities Fund) • East & KMS Roofing Replacement (reallocate $30,000; 5,000 to Ahkiok, Karluk & Ouzinkie Schools Flooring, and $25,000 to UST Replacement - Main, Old Harbor & Port Lions) • Ahkiok, Karluk & Ouzinkie Schools Flooring (receiving $5,000 of reallocated funds from East & KMS Roofing Replacement) • UST Replacement - Main, Old Harbor & Port Lions (receiving $25,000 of reallocated funds from East & KMS Roofing Replacement) • Renewal & Replacement (decreased by $130,000 due to transfer of $130,000 to Chiniak Emergency Shelter Rebuild for water treatment, septic and a generator) • Chiniak Emergency Shelter (increasing by $130,000 due to receiving funds from the Renewal & Replacement fund for water treatment, septic and a generator) • Playground Replacement ( increase by $50,000 due to a 2014 Legislative grant) • East & KMS Roofing Replacement (reallocate $3,580.62 of funding to Paving and UST Replacement) • Paving and UST Replacement (increasing by $24,995.95 due to: $3,580.62 of reallocated of funds from East & KMS Roofing Replacement, $6615.56 of reallocated funds from Main and Peterson Flooring Replacement and $14,799.77 of reallocated funds from Peterson Elementary Boilers and Controls) • Main and Peterson Flooring Replacement (reallocate $6,615.56 of funding to Paving and UST Replacement) • Peterson Elementary Boilers and Controls (reallocated $14,799.77 of funding to Paving and UST Replacement) • Baler Building UST (receiving $50,000 of funds from Solid Waste Collection and Disposal fund) • Seawater Storage and Filter Vessel (receiving $30,000 from KFRC) • Fire Alarm Replacement & Upgrade (receiving $150,000 from KFRC) ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Crow, Schroeder, Smiley, and Van Daele. Other Items Administration of Oath of Office to Newly Elected Officials. Clerk Javier administered the Oath of Office to newly elected Assembly member James Turner. Assembly member Dennis Symmons was administered his oath in the Clerk's Office. They will officially take office on Monday, October 22. 2. Presentation to Outgoing Assembly Members Mayor Rohrer presented certificates of appreciation to Assemby member Van Daele and Assembly member Crow for their service on the Assembly. 3. Declaring a Seat on the Assembly Vacant (Assembly Member Matt Van Daele). Kodiak Island Borough Assembly Regular Meeting Minutes October 18, 2018 Page 6 of 10 SMILEY moved to accept, with regret, the resignation of Assembly member Van Daele from the Borough Assembly for a seat term to expire October 2019, and directed the Borough Clerk to advertise the vacancy per Borough Code. Assembly member Matt Van Daele submitted his resignation from the Borough Assembly. His seat expires October 2019. Since there were more than 90 days remaining in his term, the procedures for filling vacancies per KIBC 2.25.060 will be followed. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Schroeder, Smiley, Van Daele, and Crow. CITIZENS' COMMENTS The following spoke under citizens' comments: Dave Davis Jeff Stewart Jonathan Strong ASSEMBLY MEMBERS'COMMENTS Assembly member Crow thanked the Mayor for his gifts and reminisced his time on the Assembly. He thanked Chief Rue for his amazing works at the Bayside Fire Department and the Assembly. Assembly member Van Daele talked about how he first met the Mayor. He also reminisced his time on the Assembly. Assembly member Schroeder and Smiley thanked the outgoing assembly members for their service. Announcements Mayor Rohrer announced that the next Assembly work session is scheduled on Thursday, October 25, 2018 at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, November 1, 2018 at 6:30 p.m. in the Assembly Chambers. Absentee -In -Person voting for the General Election will begin on Monday, October 22 in the Clerk's Office from 10 a.m. to 4 p.m. Monday to Friday until November 5. The General Election will be held on Tuesday, November 6, 2018. Polling hours are from 7 a.m. to 8 p.m. If you have any questions regarding absentee voting, please call the Clerk's Office at 486-9310. EXECUTIVE SESSION 1. Litigation Tactics and Strategies Regarding Kodiak Island Borough vs. Watterson Construction. Kodiak Island Borough Assembly Regular Meeting Minutes October 18, 2018 Page 7 of 10 VAN DAELE moved to convene an executive session to discuss litigation tactics and strategies regarding Kodiak Island Borough vs. Watterson Construction, a subject matter the immediate public knowledge of which would tend to affect adversely the finances of the borough and as a matter of litigation to which the Borough is a party. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Van Daele, Crow, and Schroeder. VAN DAELE moved to invite the Borough Mayor, Assembly, Borough Attorney, Borough Manager, E/F Director, and Clerk's Office Staff into executive session. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting at 8:57 p.m. and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting at 9: 9:24 p.m. and explained the broad strokes of the agreemen. VAN DAELE moved to accept and approve the settlement agreement, authorize the Borough Manager and Attorney to prepare the documentation and take any other reasonable steps to finalize the agreement, and authorizing and directing the Manager to execute the Settlement Agreement on behalf of the Borough. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, Schroeder, and Smiley. ADJOURNMENT VAN DAELE moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 9:25 p.m. A EST: Nova M. Javier, MMC, Bq ough Clerk KODIA.KroLAND BOROUGH Daniel A. Rohrer, Mayor Approved on: December 20, 2018 Kodiak Island Borough Assembly Regular Meeting Minutes October 18, 2018 Page 8 of 10