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2020-06-18 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting June 18, 2020 A regular meeting of the Kodiak Island Borough Assembly was held on June 18, 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, Julie Kavanaugh, Andy Schroeder, Rebecca Skinner, Dennis Symmons, and James Turner. Also present were Borough Manager Michael Powers, Acting Borough Clerk Alise Rice, and Acting Deputy Clerk Lina Cruz. ARNDT moved to excuse Assembly member Dvorak 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. SCHROEDER moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES • *Special Meeting Minutes of May 28, 2020. • *Regular Meeting Minutes of June 4, 2020. CITIZENS' COMMENTS The following spoke under citizens' comments: • Judi Kidder • John Whiddon • Dave Conrad • Patrick O'Donnell • Dave Edwards • Amy Williams • Linda Jackson AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS None. PUBLIC HEARING Kodiak Island Borough Assembly Regular Meeting Minutes June 18, 2020 Page 1 of 8 1. Resolution No. FY2020-23 Re-establishing The Fees For The Kodiak Island Borough. ARNDT moved to adopt Resolution No. FY2020-23. Mayor Roberts opened the public hearing. CITIZENS' COMMENTS The following spoke under citizens' comments: • Judi Kidder Mayor Roberts closed the public hearing and reconvened the regular meeting. ARNDT moved to amend by substitution, Version 2. SYMMONS moved to amend version 2, Title 3, Excise Tax On Cigarettes from .05 each to .075 each. KAVANAUGH called for the vote on the amendment. Clerks Note: No roll call vote was taken on the call for the vote. ROLL CALL VOTE ON MOTION TO AMEND EXCISE TAX ON CIGARETTES FAILED THREE TO FOUR: Schroeder, Turner, and Arndt (AYES); Skinner, Symmons, and Kavanaugh (NOES). Mayor Roberts broke the tie and voted in opposition of the motion. SKINNER moved to strike 'Fluorescent Light bulbs, Residential' and 'Fluorescent Light bulbs, Commercial'. (Title 8 Health and Safety). ROLL CALL VOTE ON MOTION TO STRIKE CARRIED UNANIMOUSLY: Skinner, Symmons, Turner, Arndt, Kavanaugh, and Schroeder. TURNER moved to amend 'Refrigerators/Freezers, residential' back to $10 each. (Title 8 Health and Safety). ROLL CALL VOTE ON MOTION TO AMEND 'REFRIGERATORS/FREEZERS, RESIDENTIAL' CARRIED FOUR TO THREE: Symmons, Kavanaugh, and Schroeder (AYES); Turner, Arndt, and Skinner (NOES). Mayor Roberts broke the tie and voted in favor of the motion. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION, VERSION 2, AS AMENDED CARRIED FOUR TO TWO: Schroeder, Symmons, Turner, and Arndt (AYES); Kavanaugh and Skinner (NOES). ROLL CALL VOTE ON MAIN MOTION TO ADOPT RESOLUTION NO. FY2020-23 AS AMENDED CARRIED FOUR TO TWO: Arndt, Schroeder, Symmons, and Turner (AYES); Kavanaugh and Skinner (NOES). BOROUGH MANAGER'S REPORT Manager Powers reported on the following: Kodiak Island Borough Assembly Regular Meeting Minutes June 18, 2020 Page 2 of 8 • Met with the chairman of Fire Protection Area No. 1 to discuss the Fire Chief applicants. • Responded to an inquiry regarding the Tustamena Ferry COVID-19 cases. Referred them to the Point of Information at the Emergency Operations Center. • Received the signed CARES Act Funding Resolution and Grant Application Agreement; forwarded to the State of Alaska. • Participated in the weekly conference call with the AK Municipal League Manager's Assoc. • Participated in several different teleconferences regarding the CARES Act funding. • Received and discussed with the School District a list of projects for upgrades. Preliminary costs were estimated around $1.0 MM this was updated to $1.5 MM. • Met with the Borough Attorney and staff to discuss non-profit property tax exemptions. • Directed staff to prepare a presentation for the assembly agenda for discussion of the different types of exemptions and the processes. • Participated in conference call with AML and State elected representatives, regarding various issues within the Districts. • Discussed various options for additional dumpsters to areas where roll carts were removed. • Reviewed contract the with Alaska Waste • Met with Assembly member Turner and staff to discuss a budget amendment to furtherfund schools. • Initiated research into the callable dates for school bonds. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts thanked everyone for their hard work and time spent on this year's budget. Mayor Roberts recessed the regular meeting at 7:25 p.m. Mayor Roberts reconvened the regular meeting at 7:35 p.m. UNFINISHED BUSINESS 1. Contract No. FY2020-19 Aerial Imagery Acquisition. The motion on the floor is: "Move to authorize the Borough Manager to execute Contract No. FY2020-19 with EagleView in an amount not to exceed $523,185:' This item was previously postponed from the April 17, 2020 regular meeting of the Assembly to the June 11, 2020 work session for further discussion. It is now before the Assembly for authorization. This is a professional services contract with Pictometry International Corp. d.b.a EagleView to acquire aerial imagery of lands within the Kodiak Island Borough (KIB) over a six year period. Aerial Imagery is utilized by multiple departments within KIB, including but not limited to Community Development and Assessing. The contract before you is with EagleView, who was the the successful proposer, and included their oblique imagery alternative product. The oblique imagery allows increased utility of the collected imagery by providing a 4 -way view of structures that are captured simultaneously with the orthoimage. Kodiak Island Borough Assembly Regular Meeting Minutes June 18, 2020 Page 3 of 8 The official request for proposal, budgetary transaction reports from 2013 to present, and all submitted imagery samples have been included in this packet. Also included is Kodiak Mapping protest and response. This is in response to questions posed during the June 9, 2020, Assembly work session. ROLL CALL VOTE ON MOTION TO AUTHORIZE FAILED TWO TO FOUR: Turner and Schroeder (AYES); Arndt, Kavanaugh, Skinner, and Symmons (NOES). NEW BUSINESS Contracts 1. Award Contract No. FY2020-37 For Purchase Of Front -End Loader For Landfill. ARNDT moved to authorize the Borough Manager to award procurement Contract No. FY2020- 37 to NC Machinery in the amount of $267,870. The Kodiak Island Borough Landfill has operated with one wheeled front-end loader for the past three years. The existing CASE Loader is ten years old. Traditionally the KIB Landfill has operated with two loaders, they have been utilized at the KIB Landfill and Leachate Treatment Plant (LTP). These machines are used throughout the normal workday, all year long. In the current fiscal year KIB has budgeted $455,000 for the purchase of a new wheeled front- end loader. The excess money can be utilized for overdue maintenance on the already procured heavy equipment. • Loader - $192,022 • Attachments - $63,628 • Warranty - $12,220 This procurement will provide: • 2020 Caterpillar 950GC Loader • PSM 96" Pallet Forks • PSM 60" Pallet Forks • PSM GP Bucket — 4 CYD • Operator Training, • Spare 23.5R25 VJT L3 tire and rim • A one year CAT Electronic Technician License (diagnostic tool) • A five year / 7,000 -hour Premier Extended Warranty • Delivered Free on Board To Kodiak ROLL CALL VOTE ON MOTION TO PROCURE CARRIED UNANIMOUSLY: Arndt, Kavanaugh, Schroeder, Skinner, Symmons, and Turner. 2. Contract No. FY2020-38 Approving The Animal Control Contract For FY2021 & FY2022 With The City Of Kodiak. ARNDT moved to authorize the Borough Manager to accept Contract No. FY2020-38. Contract No. FY2020-38 is a renewal of the existing animal control contract between KIB and the City of Kodiak (COK) that expires on June 30, 2020. KIB has traditionally contracted with Kodiak Island Borough Assembly Regular Meeting Minutes June 18, 2020 Page 4 of 8 COK for enforcement of KIBC 6.04- Animal Control, in order to utilize the Kodiak Animal Shelter and eliminate the unnecessary duplication of efforts and costs. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Symmons, Turner, and Arndt. Resolutions 1. Resolution No. FY2020-33 Authorizing Acceptance Of An Alaska Department Of Fish And Game Grant Award, - Saltery Cove Trail System Access And Improvements, In The Amount Of $482,558 For Acquisition Of State Easements And Trail Improvements On The Route Commonly Known As Saltery Trail. ARNDT moved to approve Resolution No. FY2020-33 authorizing acceptance of an Alaska Department of Fish and Game Grant Award. The Saltery Cove Road is a historic road initially used by the military to reach Saltery Cove and portions of Ugak Bay during WWII. Identified on USGS maps as early as 1949, the trail has remained one of the most used trail systems in the Kodiak Island Borough. Clerks Note: Assembly Member Schroeder is associated with Island Trails Network and recused himself from voting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Turner, Arndt, and Kavanaugh. Ordinances for Introduction 1. Ordinance No. FY2021-10 Rescinding A Prohibition On Edible Marijuana Products. SYMMONS moved to advance to public hearing at the next regular meeting of the Assembly on July 16, 2020. On March 12, 2020, the City of Kodiak rescinded its prohibition on marijuana edibles. This action puts permitted marijuana businesses located in the Kodiak Island Borough (outside of the City of Kodiak jurisdiction) at a distinct disadvantage. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Symmons, Turner, Kavanaugh, Schroeder, and Skinner (AYES); Arndt (NO). 2. Ordinance No. FY2021-01A Budget Amendment Adding Money To The Education Support Fund. TURNER moved to advance Ordinance No. FY2021-01A to public hearing at the next regular meeting of the Assembly on July 16, 2020. KAVANAUGH called for the question. ROLL CALL VOTE ON THE MOTION TO CALL FOR THE QUESTION CARRIED UNANIMOUSLY: Turner, Arndt, Kavanaugh, Schroeder, Skinner, and Symmons. Kodiak Island Borough Assembly Regular Meeting Minutes June 18, 2020 Page 5 of 8 ROLL CALL VOTE ON THE MAIN MOTION CARRIED FOUR TO THREE: Arndt, Schroeder, and Turner (AYES); Kavanaugh, Skinner, and Symmons (NOES). Mayor Roberts broke the tie and voted in favor of the motion. 3. Ordinance No. FY2021-01B Budget Amendment Adding Money To The Renewal & Replacement (R&R) Capital Project Fund. TURNER moved to advance Ordinance No. FY2021-01B to public hearing at the next regular meeting of the Assembly on July 16, 2020. ROLL CALL VOTE ON THE MOTION FAILED FOUR TO THREE: Schroeder, Turner, and Arndt (AYES); Kavanaugh, Skinner, and Symmons (NOES). Mayor Roberts broke the tie and voted in opposition of passing. 4. Ordinance No. FY2021-11 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Portions Of Title 7 Of The Kodiak Island Borough Code Providing For By Mail Voting At The Regular Municipal Election And Allowing Modification Of Election To Address Public Health Concerns. SKINNER moved to advance Ordinance No. FY2021-11 to public hearing at the next regular meeting of the Assembly on July 16, 2020. This ordinance will amend Title 7, Elections, in several sections. The goal of these changes are to allow the Clerk to deviate from traditional election processes when emergency events arise and make it impractical or difficult for voters to safely vote in a traditional manner or at traditional polling sites. Designating "ballot by -mail precincts" in precincts that resulted in less than 100 voters during the previous election will assist in minimizing contact with each other and encourage social distancing practices. This would be of great benefit not only our dedicated election workers but for our valued voters as well. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Turner, Arndt, and Kavanaugh. Other Items None. CITIZENS' COMMENTS The following spoke under citizens' comments: • Judi Kidder • Joe Griskonis ASSEMBLY MEMBERS' COMMENTS • Assembly Member Arndt requested a report from the Providence Kodiak Island Medical Center to be presented by the July 30, 2020 Work Session. • Assembly Member Turner had no comment. Kodiak Island Borough Assembly Regular Meeting Minutes June 18, 2020 Page 6 of 8 • Assembly Member Symmons thanked the community for their comments and input. • Assembly Member Kavanaugh congratulated the new Borough Clerk and thanked the Borough Mayor for his leadership. • Assembly Member Skinner announced she will be putting a resolution before the Assembly to put an initiative on the ballot for this year's election on October 6, 2020. Assembly Member Skinner expressed concerns regarding the audio quality for the assembly microphones and audio clarity for the listening audience. • Assembly Member Schroeder congratulated the new Borough Clerk and thanked the additional Clerk candidates for their time and participation in the selection process. Assembly Member Schroeder express his great respect for all the Clerks that take on such a difficult and unique job. ANNOUNCEMENTS The Work Session of June 25, 2020 and the Regular Meeting of July 2, 2020 have been cancelled. The next Work Session of the Assembly is scheduled for July 9, 2020. The next regular meeting of the Assembly is scheduled on Thursday, July 16, 2020 at 6:30 p.m. in the Assembly Chambers. EXECUTIVE SESSION 1. Borough Manager's Performance Evaluation. 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: Skinner, Symmons, Turner, Arndt, Kavanaugh, and Schroeder. SKINNER moved to invite the Borough Mayor, Assembly, and Borough Manager 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 and announced the Borough Manager was given a satisfactory performance evaluation. ADJOURNMENT KAVANAUGH moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting adjourned at 10:25 p.m. Kodiak Island Borough Assembly Regular Meeting Minutes June 18, 2020 Page 7 of 8 KODIAK ISLAND BOROUGH VV William Roberts, Mayor Kodiak Island Borough Assembly Regular Meeting Minutes June 18, 2020 Page 8 of 8