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2022-02-17 Regular Meetingr L KODIAK ISLAND BOROUGH Assembly Regular Meeting February 17, 2022 A regular meeting of the Kodiak Island Borough Assembly was held virtually on February 17, 2022, the meeting was called to order at 6:30 p.m. INVOCATION The invocation was given by Mayor Roberts. 2. PLEDGE OF ALLEGIANCE Mayor Roberts led the Pledge of Allegiance. 3. ROLL CALL Present were Assembly members Scott Arndt, Joseph Delgado, Scott Smiley, Geoffrey Smith, and James Turner. Also present were Borough Manager Roxanne Murphy, Acting Borough Clerk Lina Cruz, and Assistant Clerk Mitchell Davidson 4. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda. VOICE VOTE ON THE MOTION CARRIED. 5. APPROVAL OF MINUTES None. 6. CITIZENS' COMMENTS • Paul VanDyke • David Conrad 7. AWARDS AND PRESENTATIONS Recognition Of 14 Years Of Service On The Solid Waste Advisory Board, Mr. Nick Szabo. Mr. Nick Szabo has served on the Solid Waste Advisory Board for over a decade. His service resulted in several changes in the community including the promotion and ban on lightweight plastic shopping bags and forwarding and promoting the Alaska Department of Fish and Game recommended "Bear Aware Area" established to reduce the human/bear interaction in the community. Mr. Szabo has been a champion of researching alternative methods of solid waste disposal for the Kodiak community and has been an asset to the board Kodiak Island Borough February 17, 2022 Assembly Regular Meeting Minutes Page 1 of 9 and community throughout his tenure. In recent years Nick has been the board chair and has guided the board on various topics from bears to coloring books to potential energy from municipal solid waste alternatives. 8. COMMITTEE REPORTS • Assembly member Smiley reported on the KIBSD school board superintendent selection. 9. PUBLIC HEARING Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Business And Agenda, Adding A Statement Of Land Acknowledgement. ARNDT moved to adopt Ordinance No. FY2022-07, Order 2, Version 4. This Ordinance was amended on December 16, 2021, and advanced to public hearing on February 17, 2022. December 16 Discussion: Adopting this ordinance will add a land acknowledgement to the regular permanent assembly agenda. There are two versions of this statement that have been provided. Version One is the currently used statement and Version Two is currently the School Board statement. Wanting further research from fellow assembly members the Assembly postponed this item to the January 6 regular meeting for further discussion. Mayor Roberts closed the regular meeting and opened the public hearing. Hearing no comment, Mayor Roberts closed the public hearing and reconvened the regular meeting. TURNER moved to amend version 4 of the language to read "Sugpiak, Aiutiiq". ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Smiley, Smith, Turner, and Arndt. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED FOUR TO ONE: Arndt, Smiley, Smith, and Turner (AYES); Delgado (NO). 10. BOROUGH MANAGER'S REPORT 11 MESSAGES FROM THE BOROUGH MAYOR Kodiak Island Borough Assembly Regular Meeting Minutes February 17, 2022 Page 2 of 9 I r L 12. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 13. CONSIDERATION OF CALENDAR - NEW BUSINESS 13.A. CONTRACTS Contract No. FY2019-10 Change Order No.16 Wth Jensen Yorba Wall For Design Fees For The Peterson Elementary School Roof Replacement In An Amount Not To Exceed $45,786. ARNDT moved to authorize the Borough Manger to execute Contract No. FY2019-10 Change Order No. 16 with Jensen Yorba Wall in and amount to not exceed $45,786. This is a change order to the Borough's current term contract with Jensen Yorba Wall (JYW) to include 65% design services for the Peterson Elementary Roof Replacement project. The existing roof at Peterson Elementary School has had leaking issues and has been at the top of the Kodiak Island Borough School District's Capital Improvement Project (CIP) list for several years. This change order is to complete 65% design documents for a complete roof replacement. JYW previously completed 35% design that was reviewed and approved by the Architectural/Engineering Review Board in November 2021. Part of the 65% design will be review and recommendations for replacement or relocation of existing rooftop mechanical equipment. The mechanical equipment will need to be at least temporarily removed to allow for the roofing work, so investigation will be done to determine if it could be moved to a more suitable location. Completing this preliminary design work would help KIBSD to score higher on the Alaska Department of Education and Early Development's CIP scoring providing a greater chance of receiving partial State reimbursement for construction. ROLL CALL_ VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Arndt, and Delgado. 2. Contract No. FY2019-10 Change Order No. 17 With Jensen Yorba Wall For Design Fees For The East Elementary School Roof Replacement In An Amount Not To Exceed $5,000. ARNDT moved to authorize the Borough Manger to execute Contract No. FY2019-10 Change Order No. 17 with Jensen Yorba Wall in an amount to not exceed $5,000. This is a change order to the Borough's current term contract with Jensen Yorba Wall (JYW) to include conceptual design services for the East Elementary Roof Replacement project. The existing roof at East Elementary School was installed in 1987 and has been experiencing issues with snow and ice buildup. Kodiak Island Borough February 17, 2022 Assembly Regular Meeting Minutes Page 3 of 9 There is also an intersection between two different portions of the building that is prone to leaking due to its construction. This change order is to complete a conceptual design for a roof replacement, mainly focusing on options to correct the roof intersection area. This will likely require consultation with a structural engineer to ensure the existing structure is capable of handling proposed new roof loads. Completing this initial design work would also help KIBSD to score higher on the Alaska Department of Education and Early Development's CIP scoring providing a greater chance of receiving partial State reimbursement for construction. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Turner, Arndt, Delgado, and Smiley. 3. Contract No. FY2022-30 Landfill Stage 3 Closure ARNDT moved to award Contract No. FY2022-30 to Brechan Construction in an amount not to exceed $1,948,000. This contract is for installation of interim cover, final cover, and rain sheet at the landfill. Completing this work will direct rainwater to the stormwater system instead of leachate collection, helping to minimize the amount of water that requires treatment at the Leachate Treatment Plant. The contract includes a unit price for blasting and processing of cover rock for future landfill operations. Design for this project was completed by Jacobs Engineering and approved by the Architectural/Engineering Review Board. An invitation to bid was issued on November 22, 2021. Bids were due and opened on January 27, 2022. Only bid bid was received, from Brechan Construction LLC. Staff has determined that Brechan's bid is responsive and is recommending award of the contract. The work is scheduled to be completed by November 1, 2022. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Delgado, Smiley, and Smith. 4_ Contract No. FY2022-31 Purchase Order For Procurement Of Fybroc Replacement Pump For The Kodiak Fisheries Research Facility. ARNDT moved to authorize the Borough Manager to approve Contract No. FY2022-31- the purchase of the Fybroc Replacement Pump for the Kodiak Fisheries Research Facility in an amount not to exceed $32,000.00. This centrifugal pump is the primary backwash pump for the filtered seawater system at the KFRC Facility. The pump is original equipment and has been in service since 1998. The pump seals are showing signs of wear and are leaking saltwater. Kodiak Island Borough Assembly Regular Meeting Minutes February 17, 2022 Page 4 of 9 L Staff is requesting permission to procure this pump prior to the failure of the pump seals. After replacement of the existing pump the staff will obtain pricing for rebuild. If rebuild is a reasonable cost the existing pump can be rebuilt and stored for a critical spare. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY; Arndt, Delgado, Smiley, Smith, and Turner. 5. Contract No. FY2022-32 for Vehicle Procurement For Fire Protection Area No. 1. Fire Protection Service Area #1 , the Bayside Volunteer Fire Department is requesting consideration to procure a Ford F150 4x4 Super Crew Cab Pick Up in the amount of $56,439.00 as a replacement Fire Chief vehicle for the department. The Fire Service Area Board has recognized this replacement chiefs vehicle as an emergency first out vehicle_ Due to the condition of the existing 2002 Jeep Liberty Chiefs Vehicle, they are requesting consideration for an emergency purchase. This vehicle will replace the aging 2002 Jeep Liberty that has been determined to be unsafe in its current condition. Bayside has been contemplating the purchase of a replacement for the Jeep Liberty for a couple of years. The vehicle has not run properly and due to the age, the department does not wish to invest in the cost to repair the 20 -year-old vehicle. Normally the KIB would utilize the State of Alaska DOT Light Vehicle Procurement List to buy replacements vehicles of this type. Due to the pandemic and the issues associated with the supply chain, the AKDOT Light Vehicle Site has not been available for two years. The dealers contacted in Anchorage for potential ordering will not take orders for new vehicles until reportedly the 2023 model year is pending. After discussions with Kendall Ford, additional first responder discounts will apply to this vehicle purchase. Move to Authorize the Manager to enter into Contract #FY2022-32 with Kendell Ford of Anchorage, Alaska to procure a Ford F150 4x4 Super Crew Cab Pick Up in the amount of $56,439.00. REMANDED BACK TO FIRE PROTECTION AREA NO. 1 SERVICE AREA BOARD. 13.B. RESOLUTIONS Resolution No. FY2022-20 Identifying Federal Program Priorities. ARNDT moved to approve Resolution No. FY2022-20 Identifying Federal Program Priorities. This is an annual resolution identifying federal program and capital project priorities. The resolution is shared with the Borough's federal representatives and lobbyist to advocate for programs and projects important to our community. Kodiak Island Borough February 17, 2022 Assembly Regular Meeting Minutes Page 5 of 9 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Smiley, Smith, Turner, and Arndt. 13.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rules And Regulations. SMILEY moved to advance Ordinance No. FY2022-09 Amending the Kodiak Island Borough Personnel Rules And Regulations to public hearing at the next regular meeting of the assembly on March 3, 2022. 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 require professional consultation. It is the intention of staff to re -instate regular amendments to this document as they occur. ARNDT moved to amend section 409 to replace step F with step D. ROLL CALL VOTE ON THE AMMENDMENT CARRIED UNANIMOUSLY: Smith, Turner, Arndt, Delgado, and Smiley. ROLL CALL VOTE ON THE MOTION AS AMENDED CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Arndt, and Delgado. Kodiak Island Borough Assembly Regular Meeting Minutes February 17, 2022 Page 6 of 9 r L 2. Ordinance No. FY2022-10 Amending Kodiak Island Borough Code Of Ordinances Title 3 Revenue And Finance Chapter 3.25 Appropriation And Levy Section 3.25.030 Maximum Allowable Property Tax Revenues, Limiting Restrictions To General Fund Property Tax Revenues. SMILEY moved to advance Ordinance No. FY2022-10 to public hearing at the next regular meeting of the assembly on March 3, 2022 and direct the clerk to advertise per KIB code section 2.30.070(B)(3). Statute section 29.45.100 of the State of Alaska does not allow restrictions on tax revenues for bonded debt. This ordinance removes the tax revenue restrictions not allowed on revenues collected to make bond debt payments from the Maximum Allowable Property Tax Revenue calculation in KIBC 3.25.030. In October of 2018, voters approved an ordinance by initiative which set a maximum allowable tax revenue limit for Borough taxes. Subsequently, the formula was amended in 2021 to clarify that the revenue tax limit only applied to areawide real and personal property taxes. If approved, this will be the second change to the original formula. Unlike the municipality the original formula was modeled after, our borough has a Debt Service fund which is not part of the General Fund. This means we already separate non -restricted tax revenues from restricted tax revenues. Our tax collection mill rate is based on the annual total debt service payments, less anticipated reimbursements and any excess/shortages that may occur each year are contained in the Debt Service fund and are already accounted for when calculating the next year's tax collection mill rate. Staff believes this second change to the formula will allow the formula to focus on limiting the tax revenues that can be limited, thereby preserving the intent of the original voter initiative. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Delgado, Smiley, and Smith. 3. Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 Foreclosed Properties KIBIPearson, James S, KIBIReames,Dale, KIBINies,lona F, and KIBlinga Sr, Martin, And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. ARNDT moved to advance Ordinance No. FY2022-11 to public hearing at the next regular meeting of the assembly on March 3, 2021. These properties were acquired by the Borough on September 13, 2021, through the 2019 foreclosure process. Kodiak Island Borough February 17, 2022 Assembly Regular Meeting Minutes Page 7 of 9 The acquisition of these properties followed both the Borough codes and State of Alaska statutes regarding the foreclosure process. This ordinance establishes the Borough's findings by Planning and Zoning Resolution No. FY2022-01, a 'public need' does not exist and classifies them as surplus. As surplus property, these properties could be made available for sale by the assembly at a later date. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Smiley, Smith, and Turner. 13 D. OTHER ITEMS Confirmation Of Mayoral Appointment to the Mission Lake "Tide Gate" Road Service Area, Mr, Alan Wolf. ARNDT moved to confirm the mayoral appointment of Mr. Alan Wolf to the Mission Lake "Tide Gate" Road Service Area Board seat for a term to expire October 2024. On January 20, 2022, the Clerk's office received Mr. Wolfs application for the Mission Lake "Tide Gate" Road Service Area Board seat that expires October 2024. Mr. Wolf currently resides at 2138 Spruce Haven Lane, this qualifies him for the service area seat. He has resided in the service area for 8 years. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Smiley, Smith, Turner, and Arndt. 2. Confirmation Of Mayoral Appointment to the Consolidation Committee at Large Seat, Ms. Brandi Wagner. SMILEY moved to confirm the mayoral appointment of Ms. Brandi Wagner to an at large seat on the Consolidation Committee. On February 3, 2022, the Clerk's office received Ms. Wagners application for the Consolidation Committee at large seat. Ms. Wagner currently resides at 1115 Purtov St, this qualifies her for the consolidation at large seat. She has resided in the Borough for 31 years. Her main reasons for applying are to help be a part of the solution for more transparent and efficient government within the City and Borough. What background. experience, and expertise will you bring to the committee? Ms. Wagner responded "As someone who is a problem solver by nature, I enjoy researching and asking questions to help find solutions. I also am a listener and am able to help distill information down to identify goals and challenges. I Kodiak Island Borough Assembly Regular Meeting Minutes February 17, 2022 Page 8 of 9 previously served on the Sun'aq Tribal Council, filling in as a chairperson many times. ROLL CALL VOTE ON THE MOTION FAILED THREE TO TWO: Smith, Turner, and Delgado (AYES); Smiley and Arndt (NOES). 14. CITIZENS' COMMENTS • Paul VanDyke • Bruce Shackler • Mitchell Davidson 15. ASSEMBLY MEMBER' COMMENTS • Assembly member Turner announced that he would be absent in the coming months due to business travel. • Assembly member Smiley had no comment. • Assembly member Arndt had no comment. • Assembly member Smith thanked staff for their work. • Assembly member Delgado thanked staff for their work. 16. ADJOURNMENT Mayor Roberts adjourned the meeting at 7:54 p.m. KODIAK ISLAND BOROUGH ATTEST: 2 William Roberts, Mayor. Lim Cruz, Acting Bar h Clerk Kodiak Island Borough Assembly Regular Meeting Minutes February 17, 2022 Page 9 of 9