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2020-05-20 Regular MeetingL KODIAK ISLAND BOROUGH Assembly Regular Meeting Bayside Volunteer Fire Department - 4606 East Rezanof Drive May 20, 2021 A regular meeting of the Kodiak Island Borough Assembly was held on May 20, 2021, in the Bayside Volunteer Fire Department, 4606 East Rezanof Drive. 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, Duane Dvorak, Julie Kavanaugh, Geoffrey Smith, Dennis Symmons, James Turner, and Aimee Williams. Also, present were Borough Manager Michael Powers, Borough Clerk Alise Rice, and Assistant Clerk Mitchell Davidson. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to amend the agenda to move Resolution No. FY2021-37 from Resolutions to Unfinished Business. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY. ARNDT moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. *APPROVAL OF MINUTES • Regular Meeting Minutes of April 15, 2021. • Regular Meeting Minutes of May 06, 2021. • Special Meeting Minutes of May 13, 2021. CITIZENS' COMMENTS The following spoke under citizens comments: • Jacelyn Keys • Kaleb Callahan • Robyn Callahan • Tania Silva -Johnson • Paul VanDyke • Beate Daly • Aileen Fitzgerald • Danielle Speck • Cristina Bieber • Frank A. Bishop • Julie Hill • Mike Litzow • Dan Ogg • Sue Jeffrey Kodiak Island Borough May 20, 2021 Assembly Regular Meeting Minutes AWARDS AND PRESENTATIONS Mayor Roberts Declared The Month Of May 2021 Mental Health Awareness Month. Mental health is essential to our overall health, and the importance of attending to mental health has become even more pronounced during the COVID-19 pandemic. COVID-19 has also created barriers to treatment as millions of adults and children across America experience mental health conditions, including anxiety, depression, schizophrenia, bipolar disorder, and post-traumatic stress disorder. Nearly one in five Americans lives with a mental health condition - family, friends, classmates, neighbors even before the COVID-19 pandemic, the prevalence of mental health conditions in our Nation was on the rise. Suicide is the tenth leading cause of death in the United States and the second leading cause of death for our Nation's youth today. COMMITTEE REPORTS • Nick Sabo reported on the Solid Waste Advisory Board. • Assembly member Dvorak reported on the Kodiak Island School Board meetings and their recognition of long -serving staff. • Assembly member Kavanaugh stated that the next meeting of the Consolidation Committee would be announced next week. • Assembly member Turner reported on the Kodiak College Advisory Council and the Providence Advisory Board. PUBLIC HEARING A. Ordinance No. FY2021-33 Abolishing Service Area No. 2 And Repealing Kodiak Island Borough Code, Chapter 4.110, Service Area No. 2, And Placing The Issue Before The Voters In The Service Area For Ratification. Clerks Note: This item was introduced at the April 15, 2021, regular meeting and advanced to public hearing at the regular meeting of May 20, 2021. Staff was instructed to notice landowners within the Service Area No. 2 of Ordinance No. FY2021-33. DVORAK moved to adopt Ordinance No. FY2021-33. A recent review of KIB 4.110.010 shows that there is a Service No. 2 that is intended to serve the Monashka Area from Abercrombie to the VFW as follows: 4.110.010 Creation and powers. A. There is established a service area within the borough designated "service area No. 2" as shown on the corresponding map in the office of the clerk. B. Service area No. 2 shall provide water and sewer services within its boundaries. C. The service area No. 2 board shall consist of five members appointed by the assembly. Clearly the "shall" in Section B. above is not being implemented as there is neither water or sewer services being provided within the service district boundaries. In addition, the "shall" in Section C. above is also not being implemented as there has not been a board consisting of "five members appointed by the assembly" since time immemorial. Viewing this service area board as unnecessary, due to the long period of inactivity and general lack of interest on the part of the service area residents, a draft ordinance was drafted to amend the code by deleting KIBC 4.110 and thereby terminating the service area board for Service Area No. 2. Kodiak Island Borough Assembly Regular Meeting Minutes May 20, 2021 Page 2 of 11 The draft ordinance was sent to the Borough Attorney for review and the determination was made that the assembly cannot simply terminate Service District No. 2 without bringing the matter to an election for ratification by the residents of the established service area. This is the same manner in which service areas are typically established and so the draft ordinance was re -drafted for introduction as a proposed ballot measure. It is recommended that the assembly introduce this ordinance for public hearing and provide a minimum delay of at least a month in order for the potentially affected residents to consider the matter and make their comments known to the assembly. In this regard, it would be advisable to send a mail out notice to the residents of the service area and bring their attention specifically to this matter. That is if the assembly wants to know how the affected residents really feel about the issue before moving the issue forward to the next election ballot. What residents, and the assembly, need to determine. 1) Is there interest among a majority of the affected residents to serve on a service area board and actively pursue the planning, engineering, construction and provision of water and sewer services. 2) Are residents willing to pay, through a service area tax increment to pay for service area board support, studies, grant applications and other activities intended to lead to the ability to obtain water and sewer services for the served area. It should be noted that the realities surrounding water and sewer service provision have changed drastically since the Service Area No. 2 board was created. Some things like there being a wastewater treatment plant at the Landfill/Baler facility that it capable of being scaled up to serve the local community opens up certain opportunities as opposed to relying on the City of Kodiak for water and sewer services exclusively. On the other hand, the City of Kodiak has signaled on a number of occasions that it is not interested in extending the municipal system beyond its existing footprint unless new areas to be served are annexed to the city. So, there are a number of considerations here that people need to think about and it appears that the question of whether to continue or terminate Service Area No. 2 rests primarily with the residents of the service area and by listening to their thoughts the assembly will be persuaded whether this service area board is still needed to be continued or not. Mayor Roberts opened the public hearing. CITIZENS' COMMENTS The following spoke under citizens' comments: • Frank Bishop • Shawn Rauwolf • Pat Jacobson • Fred Roberts • Tom Lance • Paul VanDyke • Jim Carmichael • Marsha Oswalt Mayor Roberts closed the public hearing and reconvened the regular meeting. Kodiak Island Borough Assembly Regular Meeting Minutes May 20, 2021 Page 3 of 11 DVORAK moved to postpone to the next regular meeting of the assembly on June 3, 2021. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FOUR TO THREE: Symmons, Turner, Williams, and Arndt (NOES); Dvorak, Kavanaugh, and Smith (AYES). ROLL CALL VOTE ON MAIN MOTION FAILED FIVE TO TWO: Arndt, Dvorak, Symmons, Turner, and Williams (NOES); Kavanagh and Smith (AYES). B. Ordinance No. FY2021-41 Reestablishing Boards, Committees, And Commissions As Established In The Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel Chapter 2.100 Boards, Committees, And Commissions. ARNDT moved to adopt Ordinance No. FY2021-41. All boards, committees, and commissions established under Title 2 of the Borough Code, with the exception of those mandated by state law, shall terminate by operation of law three years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three years. The boards, committees, and commissions reestablished per this Ordinance will be for three years, starting May 20, 2021, until December 31, 2024. Chapter 2.110 - Emergency Services Council Last met on April 15, 2021 Chapter 2.120 - Parks and Recreation Committee Last met on January 28, 2020 Chapter 2.125 - Architectural/Engineering Review Board Last met on March 15, 2021 Chapter 2.145 - Solid Waste Advisory Board Last met on April 28, 2021 Chapter 2.160 - Borough Lands Committee Last met on July 25, 2018 Mayor Roberts opened the public hearing. Seeing and hearing none, Mayor Roberts closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Smith, Symmons, Turner, Williams, Arndt, and Dvorak. C. Ordinance No. FY2021-01H Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2021-01, Fiscal Year 2021 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. KAVANAUGH moved to adopt Ordinance No. FY2021-01 H. Staff has: • updated the information with the assembly's request for the current cash balance of the funds. • attached a current report on the School R&R Facilities Bond projects (Fund 470) • attached a current report summary for the projects included in this ordinance (with the exception of Fund 470 which is in a separate report) n Kodiak Island Borough Assembly Regular Meeting Minutes May 20, 2021 Page 4 of 11 This ordinance details changes and accounts for additional funding requests which occurred during the current fiscal year for items or circumstances not known or expected during the initial creation of the FY2021 Budget. Funds: Funds are accounts established to collect money that must be used for a specified purpose. The following funds are being changed with this budget amendment. • Fund 220 Building and Grounds (current cash balance: $1,562,198) o transfer $75,000 to Fund 469 for Borough Building Abatement/Mechanical Upgrades project o transfer $25,000 to Fund 415 for Peterson Elementary Roof Replacement project o receive $115,000 from Fund 450 Capital Project Fund from completed Borough Building Exterior Painting project • Fund 250 Fire Protection Area #1 (current cash balance: $410,674) o transfer $7,213.55 to Fund 450 for completed Exhaust Venting System Install project • Fund 530 Solid Waste Disposal & Collection (current cash balance: $6,876,155) o transfer $10,000 to Fund 490 for Leachate Aeration project o transfer $55,748.98 to Fund 490 for Landfill Scale Shack project • Fund 540 Hospital (current cash balance: $5,727,284) o transfer $85,000 to Fund 445 for Long Term Care Fuel Line Replacement project o transfer $2,600,000 to Fund 495 for the Providence Kodiak Island Medical Center (PKIMC) Retaining Wall project • Fund 555 Kodiak Fisheries Research Center (Kodiak Fisheries Research Center) Fund (current cash balance $2,803,006) o transfer $50,000 to Fund 426 for the Kodiak Fisheries Research Center Exterior project o transfer $314,086.07 to Fund 426 for the completed Kodiak Fisheries Research Center Digital Data Controls Upgrade project Projects: Since most projects cover multiple years, the Borough does not create annual budgets for them. Instead, each project budget is developed when the project is originated. Throughout the life of a project, funds will cycle in and out of the perspective budgets due to continuous changes with the scope of work, expenses which are over and under original estimates, or funds remaining at project completion. The projects being amended by this budget amendment are: • Fund 415 - Peterson Elementary Roof Replacement project (increasing by $25,000) • Fund 426 - KODIAK FISHERIES RESEARCH CENTER Exterior project (increasing $50,000) • Fund 426 - KODIAK FISHERIES RESEARCH CENTER Digital Data Controls Upgrade project (increasing $314,086.07) • Fund 445 - Long Term Care Fuel Line Replacement project (increasing by $85,000) • Fund 450 - Borough Building Exterior Painting project (decreasing by $115,000) • Fund 450 - Exhaust Venting System Install project (increasing by $7,213.55) • Fund 455 - Tsunami Siren Upgrades 2020 project (increasing by $91,785) • Fund 469 - Borough Building Abatement Mechanical Upgrades project (increasing by $75,000) • Fund 470 - Redirect $867,467 within the Fund: • Fund 490 - Leachate Aeration project (increasing by $10,000) Kodiak Island Borough Assembly Regular Meeting Minutes May 20, 2021 Page 5 of 11 • Fund 490 - Landfill Scale Shack project (increasing by $55,748.98) • Fund 495 - PKIMC Retaining Wall project (increasing by $2,600,000) Mayor Roberts opened the public hearing. Seeing and hearing none, Mayor Roberts closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smith, Symmons, Turner, Williams, Arndt, Dvorak, and Kavanaugh. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: Budget: • Met with Assembly members regarding budgets and overall financial workings of the Borough. • Received several public inquiries about school funding ("how does it work, what is the minimum we have to fund", etc.). COVID-19: • Attend the Emergency Services Council Meeting. We are winding down nearly all the activities related to Covid19 while maintaining a posture of response if needed. • The ESC has set in motion (direction to staff) to begin the after -action analysis of our response. Facilities: • Continued discussions with the Coast Guard regarding upcoming projects that may affect all residents. At this time, the most impactful project is the Nimitz Housing project that could result in up to 80 new housing units. Phase 1 & 2 begin in 2022. • Made aware of trail/access damage at Jack Lakes trailhead, working with Woman's Bay on the issue. Legislative: • Continued review the Stimulus 3 documentation and attended "calls" on the topic. Reviewed the provisions for lost revenue, fisheries related revenue and the implication of the Maximum Allowable Tax Revenue. It seems like that there will be additional guidance on lost revenues, further definition of "mitigation of effects on the community" (related to mental health, economic losses, etc.). Personnel: • Worked on numerous personnel issues including: recruitments, exit interviews, evaluations, arbitration case. potential language change in the Collective Bargaining Agreement on life insurance. • Spent time counseling staff on performance, morale, and other issues. Travel • No Borough or personal travel scheduled. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts expressed appreciation for the efforts of Kodiak teachers and staff throughout the past school year. Kodiak Island Borough Assembly Regular Meeting Minutes May 20, 2021 Page 6 of 11 CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS A. Resolution No. FY2021-37 Establishing The City Of Kodiak And Kodiak Island Borough Cooperative Relations Committee. Clerks Note: Assembly passed a motion to table indefinitely. Clerk was instructed to research the creating of the committee, should this be done by resolution or ordinance. ARNDT moved to take Resolution No. FY2021-37 from the table. KAVANAUGH moved to adopt Resolution No. FY2021-37. Borough Attorney's determination: Under KIB Code this committee does not qualify under 2.100.020(A) Powers and duties and is to be created by a resolution. Title 2, Chapter 2.100 Boards, Committees and Commissions, Section 2.100.020, Powers and duties. A. The assembly, by ordinance, may provide for advisory, regulatory, appellate or quasi- judicial boards or commissions. The ordinance shall prescribe the duties and qualifications of members. B. The assembly, by ordinance, may create or designate itself to be a board of review, adjustment or equalization. The ordinance shall prescribe the rules of procedure. During the Joint Work Session of the City Council and Borough Assembly on March 3, 2021, there was a consensus to establish a Cooperative Relations Committee. The Kodiak City Mayor and City Council agree they share similar relationships with a number of public and private organizations for which coordination between the two governments would likely be beneficial. Increased cooperation and coordination between the legislative bodies of the City and Borough would likely improve the efficiency of public services and reduce costs to the taxpayers of both entities. ROLL CALL VOTE ON MOTION TO TAKE FROM THE TABLE CARRIED SIX TO ONE: Symmons, Williams, Arndt, Dvorak, Kavanaugh, and Smith (AYES); Turner (NO). ROLL CALL VOTE ON MOTION TO ADOPT CARRIED FIVE TO TWO: Williams, Arndt, Dvorak, Kavanaugh, and Smith (AYES); Turner and Symmons. CONSIDERATION OF CALENDAR - NEW BUSINESS CONTRACTS A. Contract No. FY2021-24 Kodiak Island Borough Janitorial Services. ARNDT moved to authorize the Borough Manager to execute Contract No. FY2021-24 with Sure Thing Cleaning for Janitorial Services for an annual amount of $113,098.33. The Borough received notice on March 12, 2021, that the current janitorial services contractor would be closing his business at the end of the current fiscal year, June 30, 2021, Kodiak Island Borough Assembly Regular Meeting Minutes May 20, 2021 Page 7 of 11 Accordingly, staff solicited bids for a new janitorial services contractor. The janitorial services will include daily, weekly, monthly, and annual cleaning of the Kodiak Island Borough Building, Projects Office, Kodiak Fisheries Research Center, Kodiak Fisheries Research Center Housing Facility, Landfill Baler Building and Scale House. Additional tasks associated with the COVID-19 pandemic sanitation requirements have been added to the contract. An invitation to bid was issued on April 12, 2021. Bids were due and opened on May 3, 2021. One proposal was received, and the bidder was deemed responsible pursuant to our bidding process. Staff recommends awarding the bid to Sure Thing Cleaning in an annual amount of $113,098.33. The proposed contract term is for two years with the option for renewal of up to three (3) additional years. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Dvorak, Kavanaugh, Smith, Symmons, and Turner. RESOLUTIONS A. Resolution No. FY2022-01 Establishing The Amount Of Funds To Be Made Available From Local Sources For The Kodiak Island Borough School District For The Fiscal Year Beginning July 1, 2021 And Ending June 30, 2022. DVORAK moved to adopt Resolution No. FY2022-01. Kodiak Island Borough School District funding request was received on April 23, 2021. KAVANAUGH moved to amend line 38 to read: "Whereas the AK State Legislature may reinstate a percentage of the school bond debt reimbursement; and whereas the KIB Assembly intends to increase the direct appropriation to KIBSD upon reinstatement of the School Bond Debt reimbursement, an additional amount up to 11,700,000", and to change the amount on line 41 to $9,390,089. ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED FOUR TO THREE: Kavanaugh, Symmons, Turner, and Williams (AYES); Dvorak, Smith, and Arndt (NOES). ARNDT moved to amend the amount in line 41 to $10,455,244 and strike line 38. TURNER moved to amend the amendment to keep the change in line 41 to $10,455,244, to retain the language of line 38, and to change the amount in line 38 to $634,845. ROLL CALL VOTE ON THE AMENDMENT TO THE AMENDMENT CARRIED UNANIMOUSLY: Symmons, Turner, Williams, Arndt, Dvorak, Kavanaugh, and Smith. ROLL CALL VOTE ON THE AMENDMENT TO THE MAIN MOTION CARRIED FIVE TO TWO: Smith, Turner, Williams, Arndt, and Dvorak (AYES); Kavanaugh and Symmons (NOES). ROLL CALL VOTE ON THE MOTION AS AMENDED CARRIED FIVE TO TWO: Arndt, Dvorak, Smith, Turner, and Williams (AYES); Kavanaugh and Symmons (NOES). B. Resolution No. FY2021-41 Authorizing The Participation Of Its Employees In The Public Employees' Deferred Compensation Plan Of Alaska And The Payment Of The Required Contributions, Pursuant To As 39.45 Et Seq. 0 Kodiak Island Borough Assembly Regular Meeting Minutes May 20, 2021 Page 8 of 11 KAVANAUGH moved to adopt Resolution No. FY2021-41. This resolution will allow employees to participate in the Public Employee's Deferred Compensation Program of Alaska. This plan is a voluntary plan which accepts employee contribution on either a pre-tax or post -tax basis through payroll deduction. No employer contributions may be made to the program. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, Dvorak, Kavanaugh, Smith, and Symmons. Mayor Roberts recessed the meeting at 9:41 p.m. Mayor Roberts reconvened the meeting at 9:50 pm. ORDINANCES FOR INTRODUCTION A. Ordinance No. FY2022-01 Receiving The 2021 Certified Real And Personal Property Tax Roll, Levying Ad Valorem Property Taxes For Tax Year 2021 Consisting Of An Areawide Tax, Women's Bay Fire Area Tax, A Women's Bay Road Service Area Tax, A Bay View Road Service Area Tax, A Tax In Fire Protection Service Area No. 1, A Monashka Bay Road Service Area Tax, A Tax In Service Area No. 1 Roads, A Woodland Acres Street Light Service Area, A Tax In The Service Area No. 2, A Tax In The KIB Airport Fire Service Area, A Tax In The Trinity Islands Street Light Service Area, And A Tax In The Mission Lake Tide Gate Service Area; Levying Commercial Aircraft Tax Providing For The Collection Of Taxes Due In 2021; And Setting The Date When Taxes Become Delinquent. ARNDT moved to advance Ordinance No. FY2022-01 to public hearing at the next regular meeting of the assembly on June 3, 2021. As of April 19, 2021, the taxable valuation totals are estimated at $1,510,416,932. The Assessing Department will not certify until after the Board of Equalization certifies its action to the assessor later in May 2021. The estimated taxable valuation has been reduced to $1,488,327,232. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Dvorak, Kavanaugh, Smith, Symmons, and Turner.S B. Ordinance No. FY2022-02 Adopting the Budget for Fiscal Year 2022 And Appropriating from all Borough Funds. ARNDT move to advance Ordinance No. FY2022-02 to public hearing at the next regular meeting of the assembly on June 3, 2021. The FY2022 Borough budget, as offered for introduction, is a balanced budget. Meaning that proposed expenditures do not exceed anticipated revenues and planned use of fund balance. The resolution required by Alaska Statute 29.45.240 for the levy of taxes will be done as ordinance FY2022-01 per KIBC 3.25.010. The ordinance will be considered at the Assembly's May 20, 2021, regular meeting and is set for public hearing on June 3, 2021, Kodiak Island Borough Assembly Regular Meeting Minutes May 20, 2021 Page 9 of 11 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Smith, Symmons, Turner, and Williams. KAVANAUGH moved to extend the meeting to 11:00 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS' COMMENTS • None. ASSEMBLY MEMBER COMMENTS • Assembly member Arndt had no comment. • Assembly member Dvorak had no comment. • Assembly member Symmons had no comment. • Assembly member Kavanaugh reminded the assembly about the North Pacific Fisheries Council meetings. • Assembly member Turner had no comment. • Assembly member Smith asked community commenters provide their names. • Assembly member Williams commented on the damage at Jack's Lake Trailhead. She also commented on the federal legislature passing legislation allowing cruise ships to bypass Canada to come to Alaska. EXECUTIVE SESSION A. Continued Discussion Of The Borough Manager, Michael Powers, Evaluation. ARNDT moved to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(c) to discuss Borough Manager, Michael Powers', evaluation, a matter which might include a discussion that could potentially prejudice the reputation and character of the individual. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Smith, Symmons, Turner, Williams, and Arndt. ARNDT moved to invite the Mayor, Assembly, and Borough Attorney into Executive Session. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Roberts recessed the regular meeting and convened into executive session. Upon returning from the executive session, Mayor Roberts reconvened the regular meeting and announced no action was to be taken and to give Borough Manager his evaluation. ADJOURNMENT ARNDT moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting adjourned at 10:53 p.m. Kodiak Island Borough Assembly Regular Meeting Minutes May 20, 2021 Page 10 of 11 jKODIAK ISLAND RdUGH F L& m Roberts, May r_ L TTEST: 4 SKP► ice, Borough Clerk Kodiak Island Borough Assembly Regular Meeting Minutes May 20, 2021 Page 11 of 11