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2019-12-19 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting December 19, 2019 A regular meeting of the Kodiak Island Borough Assembly was held on December 19, 2019 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 Roberts led the Pledge of Allegiance. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Duane Dvorak, Julie Kavanaugh, Andy Schroeder, Rebecca Skinner, Dennis Symmons and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Tara Welinsky and Assistant Clerk Lina Cruz. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda and the consent agenda VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes Of December 5, 2019 were approved under consent agenda. CITIZENS' COMMENTS The following spoke under citizen's comments: • Major Dave Davis • Duncan Fields • Kent Cross AWARDS AND PRESENTATIONS Assembly received a presentation from Executive Director, Aimee Williams from Discover Kodiak. Assembly received a presentation from Community Outreach Coordinator for Prince William Sound Regional Citizens' Advisory Council (PWSRCAC), Betsi Oliver - PWSRCAC Regarding Notice of Public Scoping: Alaska Department of Environmental Conservation Oil Discharge Prevention and Contingency Plan Requirements. Assembly received a presentation from Bayside Fire Department Chief, Chief Howard S. Rue III, EFO. COMMITTEE REPORTS • Assembly Member James Turner gave an update on the Consolidation Committee and Providence Health System Service Area Board. • Assembly Member Skinner gave an update on Fisheries Workgroup. Kodiak Island Borough Assembly Regular Meeting Minutes December 19, 2019 Page 1 of 8 • Assembly Member Dvorak gave an update on the Solid Waste Advisory Board. PUBLIC HEARING Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property and Vessel Delinquent Tax Accounts. DVORAK moved to adopt Ordinance No. FY2020-11 the Write-off of Noncollectable Personal Property and Vessel Delinquent Tax Accounts. The KIB Staff is seeking approval to write-off $48,523.37 in delinquent taxes: 24 vessels, 7 personal, 2 mobile homes and 1 lease tax account. Mayor Roberts closed the regular meeting and opened the public hearing. CITIZENS' COMMENTS None. Mayor Roberts closed the public hearing and convened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, and Turner. • Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.10.120 Facilities Fund. Arndt moved to adopt Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.10.120 Facilities Fund. The objective of this ordinance is to change the 3.10.120 Facilities Fund to read "up to 100 percent of excess may be" from "up to 50 percent". Mayor Roberts closed the regular meeting and opened the public hearing. CITIZENS' COMMENTS None. Mayor Roberts closed the public hearing and convened the regular meeting. Skinner Moved to amend Section 1 to read: This ordinance is of a general and limited nature and shall become a part of the Kodiak Island Borough Code of Ordinances and shall sunset on June 30, 2020. ROLL CALL VOTE ON MOTION TO AMEND SECTION 1 FAILED THREE TO FOUR: Kavanaugh, Skinner, Symmons (AYES); Dvorak, Schroeder, Turner, and Arndt (NOES). ARNDT moved to amend line 42 striking "to the Exxon Valdez Oil Spill Trustee Council." Kodiak Island Borough Assembly Regular Meeting Minutes December 19, 2019 Page 2 of 8 ROLL CALL VOTE ON MOTION TO AMEND LINE 42 CARRIED SIX TO ONE: Kavanaugh, Schroeder, Symmons, Turner, Arndt, Dvorak (AYES); Skinner (NO). ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner (NO), Symmons, Turner, Arndt, Dvorak, and Kavanaugh. BOROUGH MANAGER'S REPORT • Met the new Alaska Waste Manager for Kodiak. • Followed up on removal of 2 trees identified as potential problems. • Assisted Bayside Fire for their Annual Dinner. • Met with local, state and federal officials regarding Saltery trail project. Worked on recipient, administration and timing. • Met with staff and conversed with the Borough Attorney on several personnel matters. • Met with KIBSD, staff and architect on various school projects including the Auxiliary Gym. • Met with Department Heads regarding upcoming budgets. • Talked with Jana Turvey, Leisnoi, regarding "17B" easements. • Attended Agenda Setting and worked through upcoming agendas and other issues. • Reviewed Governor's Budget and discussed impacts with our lobbyist and KIBSD. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts spoke about holiday festivities. UNFINISHED BUSINESS Reorganization of the Kodiak Island Borough Assembly 1. Election of the Deputy Presiding Officer (DPO). Assembly Member Kavanaugh nominated Assembly Member Skinner as DPO. Assembly Member Turner nominated Assembly Member Arndt as DPO. Assembly Member Skinner received a majority vote of the Assembly and was elected DPO. NEW BUSINESS Contracts 1. Contract No. FY 2020-12 for a 4 -year contract with Eurofins d/b/a Test America for Landfill Analytical Services. ARNDT moved to Approve Contract FY 2020-12 with Test America Kodiak Island Borough Facilities Landfill Analytical Services Contract. This contract is for laboratory services provided to Kodiak Island Borough Landfill. These services include sampling that is required for various permits and Alaska state regulations. Samples must be analyzed at a laboratory that is certified by ADEC or an approved National Environmental Laboratory Accreditation Program (NELAP) certified laboratory. Approved laboratories have established that they have the ability to implement a quality control program in accordance with the appropriate federal or state regulations or statutes. Kodiak Island Borough Assembly Regular Meeting Minutes December 19, 2019 Page 3 of 8 The Landfill Analytical Services Contract is currently with ARS Analytica which is due to expire December 31, 2019. The Kodiak Island Borough Engineering & Facilities Department (KIB EF Dept.) went out to bid for a new Landfill Analytical Services Contract on October 4, 2019 and was open/advertised until November 1, 2019. During that time, we only received two full bid packages; one from Eurofins d/b/a Test America and one from SGS North America, which are both certified/approved laboratories. Eurofins total bid came to $250,623.00 for the entire 4 -year contract. SGS North America total bid came to $375,100.00 for the entire 4 -year contract. KIB EF Dept. reviewed both bids with JACOBS (CH2M Hill) consultants to make sure both bids were complete and addressed our compliance needs with ADEC. This contract is scheduled to begin on January 1, 2020. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Turner, Arndt, Dvorak, Kavanaugh, and Schroeder. 2. Change Order No. 5 Amending Contract FY2019-10 Architectural and Engineering Services Term Contract for Design for the KIBSD Auxiliary Gymnasium ARNDT moved to authorize the Manager to Execute Change Order No. 5 Amending Contract FY2019-10 with Jensen Yorba Wall, Inc. for Architectural and Engineering Services Term Contract in an amount not to exceed $50,884. This is a change order to the Borough's term contract with Jensen Yorba Wall (JYW) to include design, bid assistance, and construction administration for the KIBSD Auxiliary Gym project. Per discussion between the Assembly and School Board on November 26, 2019, KIBSD is going to manage the design and construction process for this project but will be paying for the design costs through the Borough's term contract with Jensen Yorba Wall. ROLL CALL VOTE ON MOTION CARRIED: Symmons, Turner, Arndt, Dvorak, Kavanaugh, Schroeder. and Skinner. 3. Change Order No. 6 Amending Contract FY2019-10 Architectural and Engineering Services Term Contract for Design for the North Star Elementary Siding Project. DVORAK moved to authorize the Manager to Execute Change Order No. 6 Amending Contract FY2019-10 with Jensen Yorba Wall, Inc. for Architectural and Engineering Services Term Contract in an amount not to exceed $53,031. This is a change order to the Borough's term contract with Jensen Yorba Wall (JYW) to include design, bid assistance, and construction administration for the North Star Elementary Siding Phase 1 project. Per discussion between the Assembly and School Board on November 26, 2019, KIBSD will be providing funding for this project through their available fund balance. KIB is going to manage the design and construction process. Kodiak Island Borough Assembly Regular Meeting Minutes December 19, 2019 Page 4 of 8 The scope of this project is removal of the existing cement board siding at the gym portion of North Star Elementary and replacement with vinyl composite siding. The cement board siding was installed when the school was built in 1994 and has started experiencing deterioration and failure particularly around the gym. The siding and windows around the whole school are also experiencing deterioration, but due to schedule concerns Phase 1 of this project is focused on completing the gym exterior in summer 2020. This design change order includes schematic level design and a cost estimate for replacing siding and/or windows around the balance of school which would be considered Phase 2. Phase 2 work would occur in summer 2021 at the earliest. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, and Symmons. Resolutions 1. Resolution No. FY2020-17 Memorandum of Agreement with Kodiak Island Borough School District for Major Maintenance and Construction Projects. ARNDT moved to adopt Resolution No. FY2020-17 for the MOA for Major Maintenance and Construction Projects. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, and Turner. 2. Resolution No. FY2020-18 Memorandum of Agreement for Northstar School Siding and Window Project. ARNDT moved to adopt Resolution No. FY2020-18 Memorandum of Agreement for Northstar School Siding and Window Project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Schroder, Skinner, Symmons, Turner, and Arndt. Ordinances For Introduction 1. Ordinance No. FY 2020-12 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.25 Borough Assembly And Chapter 2.30 Rules Of The Assembly To Change Declaring And Filling Vacancies And Absences. ARNDT moved to advance Ordinance No. FY 2020-12 version 1 to public hearing. After the last regular meeting on August 15th, the Clerk's Office was asked to research the current Borough policy on Assembly member attendance. Specifically: • If Assembly members could be "excused" if they missed a meeting for work purposes • If there was anything in the code defining good cause or giving guidance/criteria in regard to when the Assembly should excuse an absence or not • Are there legal opinions on what constitutes a "meeting" for purposes of determining if an Assembly member has missed half of the meetings in a one-year period Kodiak Island Borough Assembly Regular Meeting Minutes December 19, 2019 Page 5 of 8 After reading the KIB code and consulting with the former Borough Clerk and the Borough's lawyer, Scott Brandt -Erichsen, I have come to the following conclusions: here are currently no criteria defining good cause or giving guidance in regard to Assembly member absences. KIB code 2.25.070 states: No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assembly member who is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, the chair shall cause the record to reflect the absence of the member, the reason for the absence, and whether the absence is excused by the assembly. KIB Code 2.25.060(B) states: If a member of the governing body misses one-half of the meetings held in any year of his or her term of office, each year between November 1 st and October 31st, the seat shall be automatically vacated. • There is a legal opinion from 2007 from attorney Matthew Jamin regarding Assembly Members' absences from meetings which was reinterpreted by our lawyer, Scott Brandt - Erichsen. Note that the audio from a meeting on January 10, 2008 in which this item was discussed is no longer in the borough's possession and only the minutes and packets are available for interpretation. Mr. Brandt -Erichsen predicts that a court would say only regular and special meetings count for the 50% standard of meeting attendance. Also, missed consecutive regular meetings are only those meetings which are held. Meetings which have been cancelled would not be included. According to this interpretation, work session attendance would not apply when considering attendance. Mr. Brandt -Erichsen acknowledges that the existing code is vague as to whether work sessions should be included in tracking Assembly attendance. Regarding the excused versus unexcused issue, Mr. Brandt -Erichsen states that the missed regular held meetings in KIBC 2.25.060(A)(9) includes the modifier of the absence being unexcused. The 50% attendance standard in KIBC 2.25.060(B) contains no such limitation, so whether the absences were excused would not, under the plain meaning, be material to the 50% attendance standard. He agrees that there is no guidance as to what constitutes good cause regarding absences, and states that it remains up to the Assembly discretion on a case by case basis. SKINNER moved to amend by substituting version 2. DVORAK moved to postpone Ordinance NO. FY2020-12 to the next Assembly Regular Meeting of January 16, 2020. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FIVE TO TWO: Kavanaugh, Schroeder, Skinner, Symmons, and Dvorak (AYES); Turner and Arndt (NOES). Other Items 1. Letter Of Support For Kodiak Salmon Workgroup's Advocacy To Maintain Kodiak's Historical Salmon Fishery. SKINNER moved to approve a letter of support for Kodiak Salmon Workgroup Advocacy to maintain Kodiak's historical salmon fishery. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Arndt, Dvorak, and Kavanaugh. CITIZENS' COMMENTS Kodiak Island Borough Assembly Regular Meeting Minutes December 19, 2019 Page 6 of 8 The following spoke under citizens' comments: • Kent Cross • Ron Kavanaugh ASSEMBLY MEMBERS'COMMENTS • Assembly Member Arndt wished everyone a Merry Christmas and Happy New Year. • Assembly Member Dvorak wished everyone happy holidays and praised Chief Rue. • Assembly Member Turner wished everyone happy holidays and thanked chief Rue. • Assembly Member Schroeder thanked everyone for attending meeting and wished a happy holiday to all. • Assembly Member Skinner thanked Chief Rue. • Assembly Member Kavanaugh wished happy holidays. • Assembly Member Symmons thanked Chief Rue. Announcements The next Assembly work session is scheduled for Thursday, January 9'h, at 6:30 p.m. in the School District Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, January 16th, 2020, at 6:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION 1. Matters Involving Negotiations With the IBEW. SKINNER moved to convene into executive session under the authority of KIBC 2.30.030(F)(1 )(d) forthe purpose of confidential communications with, and providing direction to, the Borough's representative regarding labor negotiations with the IBEW. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Arndt, Dvorak, Kavanaugh, and Schroeder. ARNDT moved to invite the Mayor, Assembly, Borough Manager, Finance Director, and Borough Clerk into Executive Session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Roberts recessed the regular meeting at 10:00 p.m. and convened the executive session. SKINNER moved to extend the executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Upon returning from the executive session, Mayor Roberts reconvened the regular meeting at 11:00 p.m. and announced that no action was taken as result of the executive session. ADJOURNMENT KAVANAUGH moved to adjourn the meeting. Kodiak Island Borough Assembly Regular Meeting Minutes December 19, 2019 Page 7 of 8 VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. This meeting was adjourned at 11:00 p.m. ATTEST: /111 aha Weli sky, borough Olerk Kodiak Island Borough December 19, 2019 R 0161 TWO' Approved on: A%, Assembly Regular Meeting Minutes Page 8 of 8