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2021-08-05 Regular MeetingKodiak Island Borough Assembly Regular Meeting Assembly Chambers - 710 Mill Bay Road August 5, 2021 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, Geoffrey Smith, Dennis Symmons, James Turner, and Aimee Williams. Present via teleconference was Assembly member Julie Kavanaugh. Also present were Borough Manager Michael Powers, Borough Clerk Alise Rice, and Mitchell Davidson. 4. Approval of Agenda and Consent Agenda 5. *Approval of Minutes • Regular Meeting Minutes of June 3, 2021 • Regular Meeting Minutes of June 17, 2021 • Regular Meeting Minutes of July 1, 2021 • Special Meeting Minutes of July 1, 2021 6. Citizens' Comments. • Betty MacTavish 7. Awards and Presentations • Presentation from Representative Louise Stutes. • Presentation from Karl Hertz CEO, Kodiak Island Medical Center, Providence Hospital. 8. Committee Reports None. 9. Public Hearing None. 10. Borough Manager's Report Manager Powers Reported on the following: • Personnel Received complaints about staff, reviewing and processing. Kodiak Island Borough Assembly Regular Meeting Minutes August 5, 2021 Page 1 of 6 Borough hosted a candidate for Fire Chief at Bayside and a candidate for Planner in Community Development. Offers were extended: Chief candidate ultimately declined due to salary considerations. _ The Planner Candidate has requested a pay rate above Step C and relocation reimbursement that will be on the Assembly Agenda for August 19, 2021. • COVID-19 Received information regarding staff COVID-19 cases. Reviewed operations with staff, provided CDC guidelines and testing options. Will meet with Emergency Services Council to discuss recent rise in cases. Will provide update at the next Assembly. • Solid Waste Continue to receive complaints at various locations for dumpster doors being left open. Due to a lack of staff, we may be limiting operations at the Landfill for the next 14 days. • Facilities Kodiak Fisheries Research Center Reviewed Government Services Administration concerns, worked with staff to prepare and send response. Main Elementary Roof School District had the moss removed. Significant degradation of shingles as well as soft spots in the roof (not caused by moss removal). In light of past problems, Borough Engineering firm will inspect on August 6, 2021. Responded to earthquake/tsunami warning. No appreciable damage to Borough ri Buildings. • Met with State Exxon Valdez Oil Spill trustees to discuss their perspectives on the wind down of the funding. 11. Messages from the Borough Mayor Mayor Roberts commented on: Kodiak Emergency Operations Council and the Covid-19 surge in Kodiak. 12. Consideration of Calendar - Unfinished Business None. 13. Consideration of Calendar - New Business None. 13.A. Contracts Kodiak Island Borough Assembly Regular Meeting Minutes August 5, 2021 Page 2 of 6 Contract No. FY2022-02 Destination Marketing & Tourism Development Program Agreement. ARNDT moved to approve Contract No. FY2022-02 Destination Marketing & Tourism Development Program Agreement In The Amount Of $75,000. This agreement is an annual action that is for the purpose of setting forth the terms and conditions pursuant to which the contractor shall be contracted to provide destination marketing and tourism development activities for the Kodiak Island Borough. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Smith, Symmons, and Turner; Williams (ABSTAINED). 2. Contract No. FY2022-03 Salonie Creek Rifle Range Culvert Replacement. ARNDT moved to authorize the Borough Manager to execute Contract No. FY2022-03 Salonie Creek Rifle Range Culvert Replacement with AIM Maintenance LLC in an amount not to exceed $72,000. This contract is for replacement of two culverts in the road leading to Salonie Creek Rifle Range. These culverts were installed in 2019 by the Kodiak Island Sportsman's Association but due to the materials used need to be replaced to be in compliance with the Alaska Department of Fish and Game (ADF&G). The scope of work for the project includes removing the existing culverts, rebuilding the streambed, and installing a timber bridge for the road. Design was completed by Inter-Fluve, Inc., an Oregon -based firm specializing in design and restoration of rivers, lakes, and wetlands. Both ADF&G and Alaska Department of Natural Resources (DNR) have approved the design and issue the require fish habitat (ADF&G) and water use (DNR) permits. An invitation to bid was issued on July 15, 2021 and bids were due and opened on August 3, 2021. Five bids were received, and the apparent low bidder was AIM Maintenance LLC of Kodiak. The bid tabulation is attached. All in stream work needs to be completed by October 15, 2021 to be in compliance with the DNR permit. All work is scheduled to be complete by October 30, 2021. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Smith, Symmons, Turner, Williams, and Arndt. 13.B. Resolutions Resolution No. FY2022-04 Approving Participation In The Alaska Community Health Funds Program. ARNDT moved to approve Resolution No. FY2022-04 Approving Participation In The Alaska Community Health Funds Program. Kodiak Island Borough August 5, 2021 Assembly Regular Meeting Minutes Page 3 of 6 The State of Alaska Department of Health and Social Services Division of Public Health is providing funding to Alaskan local governments through the Community Health Funds Program to help with providing access to COVID-19 testing and vaccinations and to implement strategies that decrease health inequities within the community. The KIB is eligible for up to $668,946 less funds claimed by other municipalities within the borough. Because the KIB does not directly provide such activities, staff have reached out to the Kodiak Community Health Center and Kodiak Area Native Association to provide eligible activities for the community and will be the intermediary between the State and those agencies for reimbursement of expenses. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Kavanaugh, Smith, Symmons, Turner, Williams, Arndt, and Dvorak. 2. Resolution No. FY2022-05 Approving Nonprofit Funding. ARNDT moved to approve Resolution No. FY2022-05 Approving Nonprofit Funding. This is the annual resolution approving the distribution of nonprofit funding for the Kodiak Island Borough. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Symmons, Turner, Williams, Arndt, Dvorak, and Kavanaugh. 13.C. Ordinances for introduction None. 13.D. Other items Consideration Of Settlement Of IBEW Grievance 2021-02. Grievance 2021-02 has advanced to the arbitration stage. Rather than proceed with arbitration and risk an uncertain result, the grievant, the IBEW and the Borough Management have negotiated an agreed upon resolution of this personnel dispute. The terms of the resolution are set out in the Settlement Agreement which has been provided under separate confidential cover on the basis that it is a confidential personnel matter and that its release could adversely impact he ability of the Borough to achieve a beneficial settlement. The settlement negotiated is contingent on Assembly approval. The background on the dispute is described in a separate confidential memorandum from the Borough Attorney. An executive session has been scheduled to afford the Assembly the opportunity to ask questions regarding the settlement and the underlying case before taking up consideration of the approval of the settlement. Kodiak Island Borough August 5, 2021 Assembly Regular Meeting Minutes Page 4 of 6 Clerks Note: Mayor Roberts called for citizen and assembly member comments before convening into executive session to discuss Consideration Of Settlement Agreement For IBEW Grievance 2021-02. 14. Citizens' Comments • Amy Williams 15. Assembly Member' Comments • Assembly member Turner had no comment. • Assembly member Arndt had no comment. • Assembly member Smith thanked Mr. Hertz for his presentation, he encouraged social distancing, and he thanked assembly member Dvorak for his service on the assembly. • Assembly member Williams thanked Mr. Hertz for his presentation and assembly member Dvorak for his service on the assembly. She also thanked the small business community for their resilient approach to Covid-19 in our community. • Assembly member Dvorak thanked supporters throughout his tenure, and he encouraged people to run for the assembly. • Assembly member Symmons shared condolences at the passing of a personal friend. • Assembly member Kavanaugh shared her reasons for connecting via video teleconference. 16. Executive Session Discussion Of Proposed Settlement Agreement For Grievance 2021-02. ARNDT moved to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(a) to discuss pending litigation to which the Borough is a party and to provide direction to the Borough Attorney Borough regarding that litigation; and under the authority of KIBC 2.30.030(F)(1)(g) for the discussion of a matter pertaining to personnel. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Dvorak, Kavanaugh, Smith, Symmons, and Turner. ARNDT move to invite the Mayor and Assembly into Executive Session as well as the Borough Attorney, the Borough Manager, the Borough Finance Director and the Borough Assessor. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. This executive session has been scheduled to permit the Assembly to receive information concerning a proposed settlement of a personnel matter, Grievance 2021-02, prior to acting upon the proposed settlement of that grievance. If the Assembly does not require information beyond that provided under separate confidential cover the executive session need not be held. Kodiak Island Borough Assembly Regular Meeting Minutes August 5, 2021 Page 5 of 6 Mayor Roberts closed the regular meeting and convened into executive session at 8:04 p.m. Mayor Roberts reconvened the regular meeting at 8:15 p.m. ARNDT moved to approve Proposed Settlement Agreement For Grievance 2021-02. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Smith, Symmons, Turner, and Williams. 17. Adjournment ARNDT moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. �QDIAK The meeting adjourned at 8:41 p.m. r N W KODIAK ISLAN OUGH ATT ix � i Iiam Roberts, Mayor Alise ice, Borough Clerk Approved on: September 2, 2021 Kodiak Island Borough Assembly Regular Meeting Minutes August 5, 2021 Page 6 of 6