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2020-05-21 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting May 21, 2020 A regular meeting of the Kodiak Island Borough Assembly was held on May 21, 2020 in the Assembly Chambers of the Kodiak Island Borough, 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, and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Tara Welinsky, Deputy Clerk Alise Rice, and Assistant Clerk Lina Cruz. DVORAK moved to excuse Assembly member Symmons who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (") are considered to be routine and non -controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. ARNDT moved to approve the agenda and consent agenda. ARNDT moved to amend the agenda and consent agenda by adding a Letter of Support for the Kodiak Area Native Association under consent agenda. VOICE VOTE ON MOTION TO AMEND THE AGENDA AND CONSENT AGENDA CARRIED UNANIMOUSLY. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. The following items were approved under consent agenda: • Regular Meeting Minutes of May 7, 2020 • Special Meeting Minutes of May 14, 2020 • Corrected Special Meeting Minutes of April 30, 2020 • Letter of Support for the Kodiak Area Native Association during COVID-19 APPROVAL OF MINUTES • "Regular Meeting Minutes of May 7, 2020 • 'Special Meeting Minutes of May 14, 2020 • 'Corrected Special Meeting Minutes of April 30, 2020 CITIZENS' COMMENTS The following spoke under citizens' comments: • Pat Holmes Kodiak Island Borough Assembly Regular Meeting Minutes May 21, 2020 Page 1 of 9 • Brandi Wagner • Lisa Zeimer • Joe Dinnocenzo • Jeremiah Gardner • Todd Heiner • Patrick O'Donnell • Erin Welty • Jennifer Culbertson • Judi Kidder • Jake Jacobson • Craig Olsen • Janel Day • Tonya Kitka • Katherine Smith • Sandra Collins -Jackson • Robin Haight • Fred Fogel AWARDS AND PRESENTATIONS • Mayor Roberts declared the week of May 11 thru 15, 2020 as National Salvation Army Week and urge all to express appreciation for the Salvation Army's good work and to follow their example of serving a cause greater than themselves. The proclamation was accepted by Major David Davis of Salvation Army. • Mayor Roberts declared the week of May 16 thru 22, 2020 as National Safety Boating Week and urged all those who boat to "wear it" and practice safe boating habits. • Manager Powers presented the Employee of the Quarter Award for the first quarter Amy Geer, Accounting Technician / Payroll. COMMITTEE REPORTS Assembly Member Kavanaugh announced that the Consolidation Committee will resume their meetings on June 1, 2020. Assembly Member gave credit to the Solid Waste Advisory Board for their ability to implement the bear resistant roll carts amidst the pandemic. Mayor Roberts recessed the meeting at 7:33 p.m. Mayor Roberts reconvened the meeting at 7:38 p.m. PUBLIC HEARING 1. Resolution No. FY2021-01 Of The Assembly Of The Kodiak Island Borough Establishing The Amount Of Funds To Be Made Available From Local Sources For The Kodiak Island Borough School District For The Fiscal Year Beginning July 1, 2020 And Ending June 30, 2021. ARDNT moved to adopt Resolution No. FY2021-01. Kodiak Island Borough Assembly Regular Meeting Minutes May 21, 2020 Page 2 of 9 Version 1 The School District submitted their proposed budget to the manager on April 30, 2019 and per AS 14.14.060(c), within 30 days after receipt of the budget, the assembly shall determine the total amount of money to be made available from local sources for school purposes and shall furnish the school board with a statement of the sum to be made available. Version 2 This reflects a .5 mill ($724,263) reduction in funding requested by assembly at the May 14, 2020 Work Session. Total support $9,730,981. Version 3 This reflects an additional .23 mill ($340,892) reduction in funding requested by the Assembly at the May 21, 2020 Regular Meeting. Total support $9,390,089. If the assembly does not, within 30 days, furnish the school board with a statement of the sum to be made available, the amount requested in the budget is automatically approved. Mayor Roberts opened the public hearing. CITIZENS' COMMENTS The following spoke under citizens' comments: • Daniel Specht • Justin Thran • David Johnson • Summer Blain • Casey Turner • John Neff • Lindsey Glen • Hazel Ardinger • Duncan Fields • Patrick O'Donnell • Tyler Randolph • Judi Kidder • Judy Carstens • Jeanine Costello • Julien Heiner • Dean Brown Mayor Roberts closed the public hearing and reconvened the regular meeting. KAVANAUGH moved to amend the dollar amount on line 39 to $9,390,089. ROLL CALL VOTE ON MOTION TO AMEND LINE 39 TO $9,390,089 CARRIED FIVE TO TWO: Arndt, Dvorak, Kavanaugh, and Skinner (AYES); Schroeder and Turner (NOES) Mayor Roberts broke the tie and voted in favor of passing. Arndt changed his vote from No to Aye. DVORAK moved to amend the date from May 291h to May 271h• ROLL CALL VOTE ON MOTION TO AMEND FROM MAY 29th TO MAY 271h CARRIED FIVE TO ONE: Dvorak, Kavanaugh, Schroeder, Skinner, and Turner (AYES); Arndt (NO) Kodiak Island Borough Assembly Regular Meeting Minutes May 21, 2020 Page 3 of 9 ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FIVE TO ONE: Kavanaugh, Schroeder, Skinner, Arndt, and Dvorak (AYES); Turner (NO) Arndt changed his vote from No to Aye. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Spoke on CARES monies for the Borough facilities. • Bear resistance roll carts have been implemented and is working well with the public. • Worked with the City of Kodiak regarding significant concerns expressed should there be a Covid outbreak among the staff. • Submitted and received approval for the Meeting Mitigation Plan. • Discussed the CARES money situation with State and Federal Lobbyist, Elected, and Appointed Officials. • Sent a letter to the School District regarding the budget and funding for schools. • Responded to several public phone calls about school bond debt reimbursement, funding levels to the schools and related topics. • Met with Providence Hospital regarding projects and future capital needs. • The Borough travel plan remains in place until June 1, 2020. It will be extended to mirror the State ban on interstate travel. MESSAGES FROM THE BOROUGH MAYOR Borough Mayor Roberts reported on the following: • Spoke about his concerns with the Governor re -opening the State for business. • Spoke on funding the school district and expressed concerns on balancing the budget. • Announced that there will be a Special Work Session on Wednesday May 27, 2020 to interview three new applicants for the Borough Clerks position. • Announced that there will be a Special Meeting on Thursday, May 28, 2020 to discuss the applicants for the Borough Clerks position under Executive Session. Mayor Roberts recessed the meeting at 9:15 p.m. Mayor Roberts reconvened the meeting at 9:25 p.m. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Change Order No. 9 Amending Contract FY2019-10 Architectural And Engineering Services Term Contract For Design For The Kodiak Island Borough School District Auditorium Upgrade Project. ARNDT moved to authorize the Borough Manager to Execute Change Order No. 9 Amending Contract FY2019-10 with Jensen Yorba Wall, Inc. for Architectural and Engineering Services Term Contract in an amount not to exceed $24,500. This is a change order to the Borough's term contract with Jensen Yorba Wall (JYW) to include conceptual design services for the KIBSD Auditorium Upgrades project. The Auditorium is in need of various upgrades to lighting, rigging, seating, and audio/visual equipment. Kodiak Island Borough Kodiak Island Borough Assembly Regular Meeting Minutes May 21, 2020 Page 4 of 9 School District is going to manage the design process for this project but will be paying for the design costs through the Borough's term contract with Jensen Yorba Wall. This design work will be paid for by Kodiak Island Borough and reimbursed by Kodiak Island Borough School District. The total cost for this change order is $24,500. The total estimated reimbursable amount is $27,000, including the design fees and Kodiak Island Borough staff time. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Turner, Arndt, Dvorak, and Kavanaugh. 2. Award Contract For Purchase Of Front -End Loader For Landfill. ARNDT moved to reject all bids. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Turner, Arndt, Dvorak, Kavanaugh, and Schroeder. Resolutions— None Ordinances for Introduction 1. Ordinance No. FY2020-01C Amending Ordinance No. FY2020-01, Fiscal Year 2020 Budget, By Amending Budgets to Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. DVORAK moved to advance Ordinance No. FY2020-01C to public hearing at the next regular meeting of the Assembly on June 4, 2020. 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 year 2020 budget. Funds: 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 100 General Fund will transfer $530,742 to Capital Projects Fund - Tsunami Siren Upgrades: • Department 135 Engineering & Facilities (13,500) • Department 140 Community Development ($221,156) • Department 172 Parks & Recreation ($15,000) • Department 175 Emergency Preparedness ($35,000) • Fund 201 Education Support - Central Treasury transfer of $589,039 to Capital Projects Fund for: • $60,000 to Auxiliary Gym Design • $502,039 to North Star Siding Replacement • $27,000 to Auditorium Upgrades • Fund 210 Land Sales (transfer $100,000 to Capital Projects Fund - Salonie Creek Culvert Replacements) • Fund 220 - Building & Grounds (transfer $233,086 to Capital Project Fund - Tsunami Siren Upgrades) • Fund 234 - LEPC (Local Emergency Planning Committee) (transfer $13,000 to Capital Projects - Tsunami Siren Upgrades) Kodiak Island Borough Assembly Regular Meeting Minutes May 21, 2020 Page 5 of 9 • Fund 242 - Service Area #1 (increase Use of Fund Balance and Repair & Maintenance accounts by $157,000) • Fund 250 - Fire Protection Area #1 (transfer $410,000 to Capital Projects - Exterior Improvements) • Fund 469 - Renewal & Replacement (allocate $50,000 to Borough Building Abatement/Mechanical Upgrades) • Fund 530 - Solid Waste Disposal & Collection (transfer $50,000 to Capital Projects Fund - Baler Building Septic Removal/Replacement) • Fund 540 Hospital Fund - transfer $200,000 to Capital Projects Fund for: • $50,000 to Structural Analysis • $150,000 to New Fuel Tank 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 estimates, or funds that remain at the completion of the project. The projects being amended by this budget amendment are: • Fund 415 - Increase by $589,039 • $60,000 to Auxiliary Gym Design • $502,039 to North Star Siding Replacement • $27,000 to Auditorium Upgrades • Fund 450/455 - Increasing by $1,040,742 • $100,000 for Salonie Creek Culvert replacements • $530,742 for Tsunami Siren Upgrades • $410,000 for Exterior Improvements • Fund 469 - Borough Building Abatement/Mechanical Upgrades (increasing by $50,000) • Fund 495 - Increasing by $200,00 • $50,000 to Structural Analysis • $150,000 to New Fuel Tank • Fund 490 -Baler Building Septic Removal/Replacement (increasing by $50,000) ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Dvorak, Kavanaugh, Schroeder, and Skinner. 2. Ordinance No. FY2021-01 Of The Assembly Of The Kodiak Island Borough Adopting The Budget For Fiscal Year 2021 And Appropriating From All Borough Funds. SKINNER moved to advance Ordinance No. FY2021-01 to public hearing at the next regular meeting of the Assembly on June 4, 2020. Version 1 (1-2) Include requested changes from assembly work session on Saturday, May 9, 2020. Original (Manager's Budget) The Assembly will consider Ordinance No. FY2021-01 at its meeting on May 21, 2020 and is set for public hearing on June 4, 2020. Kodiak Island Borough Assembly Regular Meeting Minutes May 21, 2020 Page 6 of 9 The FY2021 Borough budget, as offered for introduction, is a balanced budget. This means that proposed expenditures do not exceed anticipated revenues and planned use of fund balance. Implementation of the budget will require adoption of Ordinance No. FY2020-01 for all Borough appropriations. As required by AS 29.45.240 and KIBC 3.35.010, a separate resolution (which the assembly will do as an Ordinance FY2021-02 so a public hearing can be held) for the levy of taxes will be considered at the Assembly's May 21, 2020 meeting and is set for public hearing on June 4, 2020. Version 2 Change in Education Support Funding Version 2 (1-3) Julie's proposed mill rate calculations. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, and Turner. 3. Ordinance No. FY2021-02 Of The Assembly Of The Kodiak Island Borough Receiving The 2020 Certified Real And Personal Property Tax Roll, Levying Ad Valorem Property Taxes For Tax Year 2020 Consisting Of An Areawide Tax, Women's Bay Fire Area Tax, A Women's Bay Road Service Area Tax, A Bay View Road Service Area Tax, A Tax In Fire Protection Service Area No. 1, A Monashka Bay Road Service Area Tax, A Tax In Service Area No.1 Roads, A Woodland Acres Street Light Service Area, ATax In The Service Area No. 2, A Tax In The KIB Airport Fire Service Area, A Tax In The Trinity Islands Street Light Service Area, And A Tax In The Mission Lake Tide Gate Service Area; Levying Commercial Aircraft Tax Providing For The Collection Of Taxes Due In 2020; And Setting The Date When Taxes Become Delinquent. ARNDT moved to advance Ordinance No. FY2021-02 to public hearing at the next regular meeting of the Assembly on June 4, 2020. SKINNER moved to amend line 52 to reflect the current mill rate. Version 1. As of May 14, 2020, the certified totals are an estimate. The Assessing Department will not certify until May 20, 2020. Version 2. The levy was certified on May 20, 2020 by the Assessing Department and Version 2 includes the proposed Area -wide mill rate of 12.43 mills. ROLL CALL VOTE ON MOTION TO AMEND LINE 52 CARRIED FOUR TO TWO: Dvorak, Kavanaugh, Schroeder, and Skinner (AYES); Turner and Arndt (NOES). ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Turner, Arndt, and Dvorak. Other Items 1. Letter of Appreciation - KMXT Radio. SKINNER moved to approve Letter of Appreciation recognizing the staff at KMXT Radio. Kodiak Island Borough Assembly Regular Meeting Minutes May 21, 2020 Page 7 of 9 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Turner, Arndt, Dvorak, and Kavanaugh. SKINNER moved to extend the meeting to 11:00 pm. ROLL CALL VOTE ON MOTION TO EXTEND TO 11:00 P.M. CARRIED FIVE TO TWO: Schroeder, Skinner, and Kavanaugh (AYES); Turner and Arndt (NOES). Mayor Roberts broke the tie and voted in favor of passing. Schroeder changed his vote from No to Aye. CITIZENS' COMMENTS • Judi Kidder • Justin Thran • Paul VanDyke • Katie Kesling • Jeremiah Wagner • Alex Turner • Toni Hallam • Tyler Randolph ASSEMBLY MEMBERS' COMMENTS • Assembly Member Dvorak spoke about the mill increases and urged citizens to really Investigate the budget documents and come up with constructive suggestions. • Assembly Member Turner spoke about his version of the budget. • Assembly Member Schroeder expressed his disappointment in the Assembly's failure to fund education. He encouraged more public involvement regarding budget solutions. • Assembly Member Kavanaugh expressed her concern about the public's burden to balance the budget. • Assembly Member Arndt expressed his disappointment in the Assembly's actions for funding the School District. He also spoke about his point of view on the budget. • Assembly Member Skinner commented on everyone's budget concerns. She also suggested allowing the people to vote on using the facilities fund. KAVANAUGH moved to recess the regular meeting and reconvene on Friday, May 22, 2020 at 6:30 p.m. in the Borough Assembly Chambers. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. ANNOUNCEMENTS A Special Work Session on Wednesday, May 27, 2020 at 12:00 p.m. to interview additional borough clerk applicants. A Special Meeting is scheduled on Thursday, May 28, 2020 at 6:30 p.m. to be held before the scheduled Work Session. This meeting will be for executive session to discuss the borough clerk applicants. Mayor Roberts recessed the regular meeting at 11:00 p.m. Mayor Roberts reconvened the regular meeting on Friday, May 22, 2020 at 6:30 p.m. EXECUTIVE SESSION 1. Execution Session - Borough Manager's Performance Evaluation. Kodiak Island Borough Assembly Regular Meeting Minutes May 21, 2020 Page 8 of 9 SKINNER moved to convene into executive session to discuss the Borough Manager's Performance Evaluation. A subject that qualifies for executive session under the authority of KIBC 2.30.030(F)(1 )(c) for the purpose of discussing matters which may tend to prejudice the reputation or character of a person. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, and Turner. SKINNER moved to invite the Borough Mayor and Assembly into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Roberts recessed the regular meeting and convened the executive session. Upon returning from the executive session, Mayor Roberts reconvened the regular meeting. SKINNER moved to award a three-year extension to the Borough Manager's contract. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Dvorak, Kavanaugh, Schroeder, Skinner, and Turner (AYES); Arndt (NO). ADJOURNMENT ARNDT moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting adjourned at 7:52 p.m. KODIAK ISLAND BOROUGH J-�0TTEST: William Rob-erts, Mayor '14 '149S -KA Clerk, Acting Clerk Kodiak Island Borough Assembly Regular Meeting Minutes May 21, 2020 Page 9 of 9