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2022-10-06 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting October 6, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on October 6, 2022, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Interim Borough Manager David Conrad, 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 Mayor Roberts led the Pledge of Allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we 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 Mayor William Roberts, Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Geoffrey Smith, Scott Smiley, James Turner, and Aimee Williams. 5. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda and the consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. 'APPROVAL OF MINUTES (Approved under consent agenda) 1. September 6, 2022, Special Meeting; September 12, 2022, Special Meeting; and September 15, 2022, Regular Meeting Minutes 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Bill Oliver • Dora Cross, Finance Director • Sharon Blakeslee, Programmer/Analyst • Mitchell Davidson, PC Technician • Betty McTavish • Paul VanDyke, IT Supervisor Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2022 Page 1 of 10 10. AWARDS AND PRESENTATIONS 1. Filipino American National History Month Proclamation COMMITTEE REPORTS None. PUBLIC HEARING Ordinance No. FY 2023-06 Rezoning Allman Addition Tract A, Commonly Known As 1240 Mill Bay Road From B-Business District to PL - Public Use Lands District Arndt moved to adopt Ordinance No. FY2023-06. The Request is to Rezone Allman Addition Tract A, commonly known as 1240 Mill Bay Road from Business District (B) to Public Use Lands District (PL) in the Official Zoning Map of Kodiak Island Borough. The City of Kodiak had purchased land to develop a City Fire Station. The land was selected after extensive site selection that included various public meetings. The site offers better response times and is out of the anticipated worst -case scenario of the inundation zones for a tsunami event. The land requires a Public Use Lands zoning to develop the fire station. The Public Use Lands District allows for development of a fire station subject to site plan approval by the Planning and Zoning Commission. During the Public Hearing, the applicant had provided materials as to site and traffic designs that mitigated concerns about traffic and noise impacts. If rezoned, the future site plan approval process could further address design standards of any proposal. Overall, there was unanimous support for the rezone due to the overwhelming benefit to the whole of the community by this proposed critical facility. A rezone requires an amendment to the Official Zoning Map and a simultaneous amendment to the Comprehensive Plan's Future Land Use Map. This proposed ordinance takes care of both of those requirements. In addition, this ordinance varies from prior similar ordinances in that it is of a permanent nature, includes the actual map changes being adopted, and includes a certification section for the said maps. Procedural History: Planning and Zoning Commission unanimously recommend approval of the rezone with the recommended findings. Action Taken: 6 — 0, August 17, 2022, at a Regular Meeting of the P&Z Commission. Clerk's note: 220 Public Hearing Notice Forms were sent out by the Clerk's Office on Friday, September 16. None returned. Mayor Roberts closed the regular meeting and opened the public hearing. Hearing and seeing none, Mayor Roberts closed the public hearing and reconvened the regular meeting. Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2022 Page 2 of 10 r L ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Smiley, Smith, Turner, and Williams. 2. Ordinance No. FY 2023-07 Rezoning Allman Addition Block 2, Lot 1. Commonly Known As 1234 Mill Bay Road From R-1 Single -Family Residential District To B-Business District Arndt moved to adopt Ordinance No. FY2023-07. The request is to rezone Allman Addition, Block 2, Lot 11, commonly known as 1234 Mill Bay Road, from Single-family Residential (R1) district to Business District (B) in the Official Zoning Map of Kodiak Island Borough. The applicant requests this change due to the prospective future fire station. Overall, there was unanimous support for the rezone due to surrounding mixed use and potential for the rezone and development of the adjacent parcel located at 1240 Mill Bay Road. A rezone requires an amendment to the Official Zoning Map and a simultaneous amendment to the Comprehensive Plan's Future Land Use Map. This proposed ordinance takes care of both of those requirements. In addition, this ordinance varies from prior similar ordinances in that it is of a permanent nature, includes the actual map changes being adopted, and includes a certification section for the said maps. Procedural History: Planning and Zoning Commission unanimously recommend approval of the rezone with the recommended findings. Action Taken: 6 — 0, August 17, 2022, at a Regular Meeting of the PSZ Commission. Clerk's note: 29 Public Hearing Notice Forms were sent out by the Clerk's Office on Friday, September 16. None returned. Mayor Roberts closed the regular meeting and opened the public hearing. Hearing and seeing none, Mayor Roberts closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Smiley, Smith, Turner, Williams, and Arndt. 3. Ordinance No. FY 2023-08 Rezoning Cliffpoint Estates Oceanfront Addition 4, Lot 7, Commonly Known As 5917 Pinnacles Court, from RR2, Rural Residential Two District, to NU, Natural Use District Arndt moved to adopt Ordinance No. FY 2023-08. The request is commonly know to NU, Natural Kodiak Island Borough October 6, 2022 to rezone Cliffpoint Estates Oceanfront Addition 4, Lot 7, n as 5917 Pinnacles Court, from RR2, Rural Residential Two Use District in the Official Zoning Map of Kodiak Island Assembly Regular Meeting Minutes Page 3 of 10 Borough. The applicant requests this change due to geographic conditions of the subject lot which includes wetlands in the form of a pond. This wetland feature prevents and limits the use of the property for residential purposes. The development is more of a shared community so changing the zoning would allow a community recreational use and oceanfront access that is consistent with the objectives of the Comprehensive Plan and surrounding land uses. The Planning and Zoning Commission found the request to be consistent with objectives in the Comprehensive Plan which included compatibility with surrounding land uses and geographical justification for the request. Overall, there was unanimous support for the rezone due to the geographic condition, the restrictive nature of the Natural Use District, and the compatibility with the character of the surrounding neighborhood. A rezone requires an amendment to the Official Zoning Map and a simultaneous amendment to the Comprehensive Plan's Future Land Use Map. This proposed ordinance takes care of both of those requirements. In addition, this ordinance varies from prior similar ordinances in that it is of a permanent nature, includes the actual map changes being adopted, and includes a certification section for the said maps. Procedural History: Planning and Zoning Commission unanimously recommend approval of the rezone with the recommended findings. Action Taken: 6 — 0, August 17, 2022, at a Special Meeting of the P&Z Commission. Clerk's note: 11 Public Hearing Notice Forms were sent out by the Clerk's Office on Friday, September 16. None returned. Mayor Roberts closed the regular meeting and opened the public hearing. Hearing and seeing none, Mayor Roberts closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Smiley, Smith, Turner, Williams, Arndt, and Delgado. 11. BOROUGH MANAGER'S REPORT Interim Borough Manager Dave Conrad reported on the following: Launch Complex — In response to the Community's outpouring of interest in Alaska Aerospace (AAC)'s Renewal Application for Interagency Land Management Agreement, AAC has decided to temporarily suspend the Renewal Application with the Alaska Department of Natural Resources. This will facilitate AAC's thorough review of the comments provided by the community and allow AAC to submit the application and release for public comment again at a later future date. AAC looks forward to continuing relations with the community to find a workable path forward for all parties. • KIBSD — A site visit was made at the USCG Facility with Command Staff to walk potential sites for a new school in the area of the USCG Base. The KIBSD and KIB staffs are recommending two sites as preferential. The first being adjacent to the Nemetz Gazebo and the second near the area called "Beacon Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2022 Page 4 of 10 r Hill" near the airport beacon light. Further discussions with the USCG Command Staff will be forthcoming. • Solid Waste Issues — A continual conversation regarding large items being dropped at roll off dumpster sites and green waste being dumped at various sites will need focus to either enforce code or provide funding to process this waste that is not taken to the Landfill for proper disposal. These extra processing steps cost all rate payers additional funding. Commercial Fall Hazardous Waste Event — This commercial event took place last week. US Ecology processed commercial waste that was brought to the landfill and has shipped it off island to be disposed of. Residential Household Hazardous Waste can be brought to the landfill all year long. Please check the list of accepted materials on the KIB website prior to disposal. • KFRC Aquarium and Touch Tank — The facility is open to the public Thursday's and Friday's from 11:00am to 4:30pm. This popular attraction will remain open these times for visitors. • Manager Recruitment — Staff anticipates candidate interviews the week of October 9th. The out of state candidate will be in Kodiak for an in -person interview. • Assessing Department — Staff continues to perform site visits for all properties in the City limits for evaluation of assessed values. The judge ruled in our favor on the September Oral arguments portion of the KANA litigation yesterday, Staff continues to gather required information for litigation. Additional depositions are anticipated in the near future. • Community Development — Staff is processing permits and subdivision applications as they are received. Open staff positions are currently being advertised. • Finance Department — He was notified by GFOA (Government Finance Officers Association) that the Kodiak Island Borough has been designated as a 'Triple Crown' winner for FY2020, meaning we received GFOA's Certificate in Excellence on our Budget Presentation, Popular Report and Financial Reporting — one of only 317 governments to do so in 2020. Staff is busy with tax collections as the October 17th due date gets closer. Engineering and Facilities — Three contracts are before you this evening for approval: Electrical Services, Heating and Plumbing Services and Fire Alarms and Suppression System Services. Staff encourages the approval of all three contracts. All contracts have gone through the required contractual process. Landfill Capital Projects are continuing. The Stage 3 Closure Project liner installation has been delayed until Spring 2023. This is due to weather and requirements for proper welding of the impermeable liner materials. Rock processing and blasting continues. • The Leachate Treatment Plant addition and Process Augmentation is Kodiak Island Borough October 6, 2022 Assembly Regular Meeting Minutes Page 5 of 10 12 13. underway. Foundation footings have been poured and backfilling has begun. Dawson plans to continue to form and pour to complete the concrete work required this fall. Steel building will be shipped this winter and erected next season. • Alaska Department of Environmental Conservation has granted COBC extensions to the due dates for both jobs as associated with the citations from last year. Extensions are through 2023. The Kodiak Island Borough State Revolving Fund Clean Water Leachate Treatment Plant/Stage 3 Landfill Loan Amendment (505041) was accepted onto the Project Priority List and staff can now submit a loan application. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts congratulated the Finance Department on their 2020 'Triple Crown' winner award from the Government Finance Officers Association. He also thanked Sharon Blakeslee for her 32 years of service to the Borough. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 1. Resolution No. FY2023-11 Amending The Bylaws Of The Kodiak Fisheries Development Association Clerk's Note: The motion to adopt Resolution No. 2023-11 is already on the floor from the Assembly regular meeting of September 5, 2022. The Kodiak Fisheries Development Association (KFDA) Board of Directors is proposing a number of amendments to their bylaws. KFDA bylaws may only be amended jointly by resolution of the Kodiak Island Borough and the Kodiak City Council. KFDA's current bylaws were adopted by the initial board of directors in 2005 and have not been revised since. On September 29, 2021, Linda Freed provided an update to the City Council and Kodiak Island Borough Assembly at their joint work session, including a secretary and treasurer report from KFDA and the proposed bylaws revisions. On August 15, 2022, Linda Freed contacted the Borough Clerk's Office and asked the resolution be placed on the agenda for Assembly consideration. The bylaws amend the quorum requirements and allow the directors to meet for their annual meeting in September. The City of Kodiak adopted the same Resolution on August 25, 2022. The Assembly postponed this Resolution to the October 6 regular meeting and an invitation to KFDA Chairperson Linda Freed was extended for her to attend the September 29 work session. Arndt moved to amend line 43 by deleting the word "present" and line 49 to 'the 4/7 of the'. ROLL CALL VOTE ON THE MOTION CARRIED TO AMEND CARRIED FOUR Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2022 Page 6 of 10 H m r 1 TO THREE: Smith, Turner, Williams, and Arndt (AYES); Smiley, Delgado, and Griffin (NOES). ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Smith, Turner, Williams, Arndt, Delgado, Griffin, Smiley. 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2023-20 Approval Of A Two -Year Contract With Premier Mechanical, LLC For Heating And Plumbing Services Arndt moved to authorize the Manager to award Contract No. FY2023-20 to Premier Mechanical LLC for a two-year contract with three additional one-year extension options for Heating and Plumbing Services. The Engineering and Facilities Department (EF) is tasked with maintaining all of the Borough facilities. Our previous annual contract ended and moved to a month -to -month contract to make sure the Borough was covered for heating and plumbing services during the bidding process. EF staff prepared an updated bid package and published it on Wednesday, August 30, 2022. The bid opening occurred on September 14, 2022, and there were two submissions. One of the bidders was disqualified for submitting the incorrect bid paperwork. After review of the qualified submission, EF determined that Premier Mechanical, LLC is the lowest cost and qualifies for the bid requirements. Premier Mechanical has been the contractor for past, previous contracts and the relationship was productive and the contractor was responsive to the needs of the KIB. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, Delgado, Griffin, Smiley, and Smith. 2. Contract No. FY2023-22 Approval Of A Two -Year Contract With Local Electric, Inc. For Electrical Repairs And Maintenance Services Arndt moved to authorize the Manager to award Contract No. FY2023-22 to Local Electric, Inc. for a two-year contract with three additional one-year extension options for Electrical Repairs and Maintenance Services. The Engineering and Facilities Department (EF) is tasked with maintaining all of the Borough facilities. Our previous annual contract ended and moved to a month -to -month contract to make sure the Borough was covered for electrical services during the bidding process. EF staff prepared an updated bid and published it on Wednesday August 30th, 2022. The bid opening occurred on September 15, 2022. There was one submission by Local Electric. Local Electric has been our contractor for the last Kodiak Island Borough October 6, 2022 Assembly Regular Meeting Minutes Page 7of10 few years and the EF department has been satisfied with the quality of work performed. EF staff recommends the assembly approves this award. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Delgado, Griffin, Smiley, Smith, and Turner. 3. Contract No. FY2023-23 Approval Of A Two -Year Contract With Taylor Fire Protection For NICET Fire Inspection Services Arndt moved to authorize the Manager to award Contract No. FY2023-23 to Taylor Fire Protection for a two-year contract with three additional one-year extension options for NICET Fire Inspection Services. The Engineering and Facilities Department (EF) is tasked with maintaining all of the Borough facilities. Our previous annual contract ended and moved to a month -to -month contract to make sure the Borough was covered for fire inspection and monitoring services during the bidding process. EF staff prepared an updated bid package and published it on Wednesday August 30th, 2022. The bid opening occurred on September 16, 2022. There was only one bid submission, Taylor Fire Protection. Taylor Fire Protection has been our contractor for the last several years and the EF department has been satisfied with the quality of work performed. As Taylor Fire Protection is the single bidder, the EF department recommends this award. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Smiley, Smith, Turner, and Williams. 4. Contract No. FY2023-25 Awarding The Kodiak Island Borough Employee Compensation Study To Gallagher's Human Resources and Compensation Consulting Practice Arndt moved to approve Contract No. FY2023-25 authorizing the Manager to enter into an agreement to award the Kodiak Island Borough Employee Compensation Study to Gallagher Human Resources and Compensation Consulting in the amount of $41,000. ROLL CALL VOTE ON THE MOTION CARRIED SIX TO ONE: Delgado, Griffin, Smiley, Smith, Williams, and Arndt (AYES); Turner (NO). 14.13. RESOLUTIONS 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2023-09 Adopting Proposed Changes To The Kodiak Island Borough Salary Schedules Griffin moved to advance Ordinance No. FY2023-09 to public hearing at the next regular meeting of the Assembly on October 20, 2022. Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2022 Page 8 of 10 m ROLL CALL VOTE ON THE MOTION CARRIED SIX TO ONE: Griffin, Smiley, Smith, Turner, Williams, and Delgado (AYES); Arndt (NO). 14.D. OTHER ITEMS Appointment Of Assessing Director Seema Garoutte To Fill The Vacant Community Development Director Position On An Interim Basis Arndt moved to grant consent to the Interim Borough Manager to appoint Assessing Director Seema Garoutte to serve as the Interim Community Development Director until a new director is hired. She will receive a pay increase of two steps during this period retroactive to September 12, 2022. Assessing Director, Seema Garoutte, has been assigned as the temporary supervisor of the Community Development Department effective September 12, 2022. Kodiak Island Borough Code 2.45.040 General Provisions B. Each department shall be administered by a director appointed by and subject to the direction and supervision of the manager unless provided otherwise by law. With the consent of the assembly, the manager may serve as the director of one or more departments. With the consent of the assembly, the manager may appoint one person as the director of two or more departments. Both the Assessor and Community Development Director positions are rated at classification Grade E82 $91,876 - $137,489. Ms. Garoutte will be compensated with a two step increase for serving as director of two departments. She is currently at Step E. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Williams, Arndt, Delgado, and Griffin. 2. Appointment To The Providence Kodiak Island Medical Center Community Advisory Board (Ms. Yvonne Schofield -Cleary) Arndt moved to voice non -objection to the appointment of Ms. Yvonne Schofield -Cleary to the Providence Kodiak Island Medical Center Community Advisory Board, for a term to expire on October 2025. On September 22, 2022, the Clerk's Office received a letter from the Providence Kodiak Island Community Advisory Council recommending Ms. Yvonne Schofield -Cleary for a three-year term to expire 2025. Per Contract No. 2018-02 with Providence, the Assembly is given the opportunity to comment before the appointments to the Providence Kodiak Island Community Advisory Council are made. Included in the packet as a letter of introduction from the appointee. L Kodiak Island Borough October 6, 2022 Assembly Regular Meeting Minutes Page 9 of 10 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Turner, Williams, Arndt, Delgado, Griffin, and Smiley. 15. CITIZENS' COMMENTS The following spoke under citizen's comments: • Paul VanDyke, IT Supervisor • Mitchell Davidson, PC Technician • Betty McTavish • Patricia Valerio, Secretary III / Engineering & Facilities Dept • Seema Garoutte, Borough Assessing Dora Cross, Finance Director 16. ASSEMBLY MEMBERS' COMMENTS • Assembly Member Turner expressed his hope that the salary study reflects a 6 step increase for every employee and that he would like to explore ways to utilize funds received from the state towards something similar to a pfd for the tax payers or a different type of retirement system for Borough employees. • Assembly Member Delgado thanked all the staff members for all their support and hard work including those behind the scenes. • Assembly Member Griffin congratulated the Finance Department on their 2020 'Triple Crown' winner award from the Government Finance Officers Association. • Assembly Member Smiley thanked the Mayor and Interim Manager for their letters to Aerospace opposing land closures. • Assembly Member Arndt thanked Sharon Blakeslee for her service to the Borough and extended thanks to Debbie Rippey, previous Borough employee. • Assembly Member Smith thanked Mr. Oliver from Senior Citizens of Kodiak for his report, Dora in the finance department, Betty McTavish for ideas in regard to salary study, and thanked Sharon Blakeslee for her service. • Assembly Member Williams congratulated the Finance Department on their 2020 'Triple Crown' winner award from the Government Finance Officers Association and the Clerk's office on another successful election. 17. ADJOURNMENT ARNDT moved to adjourn the meeting at 7:55 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH " Puy - William Roberts, Borough Mayor Kodiak Island Borough October 6. 2022 ATTEST: Nova M. Javier, Borough Cle c Assembly Regular Meeting Minutes Page 10 of 10 I I