Loading...
2022-05-05 Regular MeetingL KODIAK ISLAND BOROUGH Assembly Regular Meeting May 5, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on May 5, 2022, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Roxanne Murphy, Borough Clerk Nova Javier, and Deputy Clerk Lina Cruz. 1. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Presiding Officer Arndt led the Pledge of Allegiance. 3, STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people and acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Geoffrey Smith, Scott Smiley, and James Turner. TURNER moved to excuse Assembly member Williams who was absent due to her attendance to Prince William Sound Advisory Council's Board of Directors meeting on behalf of the Borough. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: 5. APPROVAL OF AGENDA AND CONSENT AGENDA SMILEY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. APPROVAL OF MINUTES (These minutes were approved under consent agenda) A. Regular Assembly Meeting Minutes of April 5, 2022 And Special Meeting Of April 28, 2022. 7. CITIZENS' COMMENTS The following spoke under citizens' comments: • Betty Walters • Monique Lewis • Teresa Starch • John Whiddon • Ryan Sharratt • Dave Conrad Kodiak Island Borough May 5, 2022 Assembly Regular Meeting Minutes Page 1 of 6 E 10. AWARDS AND PRESENTATIONS A. Proclamation Declaring May 1 Through May 7, 2022, 53rd Annual Professional Municipal Clerks Week Presiding Officer Arndt, on behalf of Presiding Officer Arndt, recognized the week of May 1 through May 7, 2022, as Professional Municipal Clerks Week, extending appreciation to the Professional Municipal Clerks, Borough Clerk Nova Javier and Deputy Clerk Lina Cruz; City Clerk Michelle Shuravloff-Nelson, Deputy Clerk Anika Woods, and Deputy Clerk Brandi Warnecke, and all the City and Village Clerks for the vital services they perform and their exemplary dedication to the communities they represent. COMMITTEE REPORTS PUBLIC HEARING 1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rules And Regulations. DELGADO moved to adopt Ordinance No. FY2022-09. The Kodiak Island Borough Personnel Rules and Regulations, commonly referred to as the Personnel Manual, is governed by Kodiak Island Borough Code 2.015 and must be amended via ordinance. The Personnel Rules and Regulations were completely rewritten and adopted in 1994. Regular amendments were made to the document through the late 1990's. A dedicated Human Resources position was eliminated via budget reductions in the late 1990's and there have only been a couple of amendments to the document since then. • FY2006-05 adopted the federal rate for per diem • FY2007-07 amended section 203, to clarify language relative to the Personnel Board • FY2014-16 adopted and implemented a new employee classification and compensation plan • FY2016-21 amended the advertisement of position vacancies There have been no updates that reflect changes in the Collective Bargaining Agreement, or clarifications to language and practice in more than 20 years. This amendment provides a comprehensive baseline review, update, and amendment to the Personnel Manual to reflect negotiated changes in the Collective Bargaining Agreement with the IBEW for union employees, the discontinuance of the Personnel Advisory Board via Ordinance No. FY2021-41, and changes to language that clarify or align with current practices and procedures. Staff have identified additional proposed amendments to the Personnel Rules and Regulations; however, some proposed changes will need to be approved by the union membership via the next contract negotiation, and others will Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2022 Page 2 of 6 J n Fi� L require professional consultation. It is the intention of staff to re -instate regular amendments to this document as they occur. Presiding Officer Arndt closed the regular meeting and opened the public hearing. Hearing and seeing none, Presiding Officer Arndt closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO TWO: Delgado, Griffin, Smiley, Smith (AYES); Turner and Ardnt (NOES). 2. Ordinance No. FY2022-17 Amending Kodiak Island Borough Code Section 2.30.020 General Rules By Removing The Provisions That Pertain To Declaration Of A Disaster Or Emergency TURNER moved to adopt Ordinance No, FY2022-17. On May 14, 2020, the Assembly adopted Ordinance No. FY2020-19 and amended KIB Section 2.30.020 General Rules in response to declaring disasters or emergency during the COVID-19 pandemic. During the April 14, 2022, work session, the Assembly discussed and requested that an ordinance be introduced to remove the provisions that were put in place by Ordinance No. FY2020-19. The Assembly wishes to revisit this topic at a later time. Presiding Officer Arndt closed the regular meeting and opened the public hearing. The following spoke during the public hearing: • Cort Neff Presiding Officer Arndt closed the public hearing and reconvened the regular meeting. Turner moved to postpone to the next regular meeting of the Assembly on May 19, 2022. ROLL CALL VOTE ON THE MOTION TO POSTPONE CARRIED UNANIMOUSLY: Delgado, Griffin, Smiley, Smith, 10. BOROUGH MANAGER'S REPORT Borough Manager Murphy provided an update on the following: • Local preference code change • Building Official Hansen attendance at the next work session • Possible use of the ARPA funds • Dumpsters on Selief and Chiniak • Congratulated Assessor Garoutte for the upheld valuations of BOE appeals Kodiak Island Borough May 5, 2022 Assembly Regular Meeting Minutes Page 3 of 6 • Larsen Bay and Karluk Schools • Service Area Budget Presentations at the next work session • Spoke about labor pool, those who wish to work for the Borough • Alaska Waste Management commercial dumpsters issues • Working with Mark Hickey and Senator Stevens about back funding GO bonds • Attendance to Kodiak College graduation and the Adventures of Pinocchio performance this weekend. 11. MESSAGES FROM THE BOROUGH MAYOR None. 12, CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 13. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2022-30 Change Order No. 1 With Brechan Construction LLC For The Landfill Stage 3 Closure Project In An Amount Not To Exceed $669,750 TURNER moved to authorize the Manager to execute Change Order No. 1 to Contract No. FY2022-30 with Brechan Construction in an amount not to exceed $669,750. Kodiak Island Borough Code 3. 30. 100 Change Orders - Manager Authority states that change orders greater than five percent of an approved contract or $50,000, whichever is lower, require Assembly approval. On February 17, 2022, the Assembly approved a contract with Brechan Construction LLC for the Landfill Stage 3 Cover project. Part of the contract included blasting and processing of rock to use as future cover for landfill operations. The contract included a unit price of $23. 50 per cubic yard for 30,000 cubic yards of processed rock. Following discussions with Brechan and project engineer Jacobs Engineering, there is the opportunity to substantially increase the amount of processed rock remaining at completion of the project, requiring a change order to the project. Based on survey information of rock in place, it is estimated that there is approximately 76,000 cubic yards of rock available. Of that, Brechan will need approximately 17,500 cubic yards to complete the cover portion of the project. The contract includes 30,000 cubic yards of stockpiled rock, leaving an additional quantity of 28,500 cubic yards (76,000-17,500-30,000). This additional rock would be charged at the $23. 50 unit price included in the contract, for a change order amount of $669,750. Actual payment will be made based on surveyed quantities of rock at completion of the project. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Smiley, Smith, Turner, Arndt, and Delgado. Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2022 Page 4 of 6 J 1i. Ll 1 14.B. RESOLUTIONS 1. Resolution No. FY2022-27 In Support Of Back Funding From The State Of Alaska For The School Bond Debt Reimbursement And State Aid For Construction In Regional Education Attendance Areas DELGADO moved to adopt Resolution No. FY2022-27. This resolution was requested by Assembly member Arndt. Between 2006 and 2015, the Alaska Legislature determined that school projects which passed the Department of Education & Early Development's criteria and were approved by local voters would receive 70 percent debt reimbursement, and those that did not meet the department's criteria would receive 60 percent reimbursement. From 2017 through 2022 funding of school bond debt reimbursement were vetoed and short funded. This resolution urges the Legislature and the Governor to support the backfilling of 220. 9 million dollars of funding of school bond debt reimbursement that were vetoed or short funded. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Arndt, Delgado, and Griffin. 14.C. ORDINANCES FOR INTRODUCTION None. 14.D. OTHER ITEMS 1. Declaring a Seat on the Parks and Recreation Committee Vacant (Mr. Gregory Hersh) TURNER moved to declare the seat on the Parks and Recreation Committee held by Mr. Gregory Hersh for a term expiring December 31, 2016, vacant and direct the Borough Clerk to advertise the vacancy per Borough Code. Mr. Hersh notified the Community Development Department of his assignment off -island, and he will not be returning for the next two years. Mr. Hersh wishes to remain on the Committee; however, KIBC 2. 100. 070 Vacancies states the following: A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 1. Is physically absent from the municipality for 90 consecutive days unless excused by the board, committee, or commission; 2. Resigns and the resignation is accepted; 3. Is physically or mentally unable to perform the duties of office as determined by two-thirds vote of the board, committee, or commission; Kodiak Island Borough May 5, 2022 Assembly Regular Meeting Minutes Page 5 of 6 4. Is convicted of a felony or of an offense involving a violation of the oath of office; 5. No longer physically resides in the municipality and the board, committee, or commission by two-thirds vote declares the seat vacant; this subsection does not apply to a member of the board, committee, or commission who forfeits office under AS 29. 20. 140ia); or 6. Misses three consecutively held regular meetings and is not excused There will be three members remaining on the committee. It is important that the seat is vacated and advertised expeditiously and a replacement is appointed so the Parks and Recreation Committee can start meeting again. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smith, Turner, Arndt, Delgado, Griffin, and Smiley. 15. CITIZENS COMMENTS The following spoke under citizens' comments: • Teresa Storch • Cort Neff 16. ASSEMBLY MEMBERS COMMENTS • Assembly Member Smith had no comment. • Assembly Member Smiley congratulated Kodiak College graduates and mentioned he was impressed by the BOE report included in the meeting packet. • Assembly Member Griffin had no comment. • Assembly Member Delgado congratulated the Kodiak College graduates and thanked staff for doing a good job. • Assembly Member Turner mentioned he will be attending Kodiak College graduation and commented on the Borough building closure to the public. • Assembly Member Arndt commented on his opposition towards the language for removing the option to do telephonic meetings from the code. 17. ADJOURNMENT SMILEY moved to adjourn the meeting at 7:50 p. m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH r . xi William Roberts, Mayor Kodiak Island Borough May 5, 2022 ATTEST: I" �@ - O&A-1, . Nova M. Javier, MMC, Borough Clerk Assembly Regular Meeting Minutes Page 6 of 6 Ll 11