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2023-06-15 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting June 15, 2023 A regular meeting of the Kodiak Island Borough Assembly was held on June 15, 2023, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Aimee Williams, Finance Director Dora Cross, CDD Acting Director Seema Garoutte, E&F Director Dave Conrad, and Borough Clerk Nova M. Javier. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Arndt 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 Scott Arndt, Assembly Members Joseph Delgado, Jared Griffin, Larry LeDoux, Ryan Sharratt, Scott Smiley, and James Turner. SMILEY moved to excuse Assembly Member Smith who is absent due to personal leave. VOICE VOTE ON 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 (APPROVED UNDER CONSENT AGENDA) A. Special Meeting Minutes Of May 25, 2023, and June 8, 2023; and June 1, 2023, Regular Meeting Minutes 7. CITIZENS' COMMENTS Karl Hertz, Providence Kodiak Island Medical Center Chief Executive Officer spoke under citizens comments. 8. AWARDS AND PRESENTATIONS A. Proclamation Declaring Filipino American Heritage Month In Kodiak Kodiak Island Borough Assembly Regular Meeting Minutes June 15, 2023 Page 1 of 9 The Mayor proclaimed the month of June Filipino American Heritage Month in Kodiak urging all citizens to participate in the festivities celebrating the rich heritage and traditions of the Philippine Islands. Kodiak Filipino -American Association President Mark Vizcocho received the proclamation. 9. COMMITTEE REPORTS Assembly member LeDoux gave an update on his attendance to the Kodiak College Council meeting. 10. PUBLIC HEARING A. Resolution No. FY2024-02 Re -Establishing The Fees Of The Kodiak Island Borough SMILEY moved to adopt Resolution No. FY2024-02. KIB Code 3.10.190 ordains that all fees be reviewed on an annual basis. Staff has compiled a list of recommended changes to the current fee schedule for fiscal year 2024 as shown on the attached exhibit. The last increase to the Asbestos Disposal Fee was in FY2010 increasing from $135/cy to $200/cy. Current rate of $200.00 minimum, $200/cy 20% increase = $240/cy 25% increase = $250/cy 50% increase = $300/cy SHARRATT moved to increase the asbestos disposal fee by 25% which equals to $250/cy. Mayor Arndt closed the regular meeting and opened the public hearing. Hearing and seeing none, Mayor Arndt closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Sharratt, Smiley, Turner, Delgado, and Griffin. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Sharratt, Smiley, Turner, Delgado, Griffin, and LeDoux. B. Ordinance No. FY2023-02C An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2023-02, Fiscal Year 2023 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects SMILEY moved to adopt Ordinance No. FY2023-02C. f] Kodiak Island Borough Assembly Regular Meeting Minutes June 15, 2023 Page 2 of 9 UPDATE 06/01/2023 Funding source for the Kodiak Island High School Roof Repair was changed from the General Fund to the Renewal & Replacement Fund. ORIGINAL This ordinance presents the net changes 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 FY2023 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 Transfer In/ Out 469 Renewal & Replacement ($240,000) 220 Building & Grounds ($50,000) 250 Fire Protection Area No.1 ($100,000) 540 Hospital Facility $251,362 Projects (within Capital Project Funds) 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 that are over and under original estimates, or funds remaining at project completion. The projects being amended by this budget amendment are: Capital Project Fund 469 469 469 469 455 495 Fund Name Kodiak High School Roof Repairs Kodiak High School Pool Evaluation East Elementary Ceiling / Wall Fix in Gym North Star Skylight & Roof Repairs Increasina/(Decreasina) $240,000 $15,000 $10,000 $30,000 Bayside Classroom $100,000 Addition PKIMC Retaining Wall ($251,362) Mayor Arndt closed the regular meeting and opened the public hearing. Cort Neff spoke under public hearing. Mayor Arndt closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Turner, Delgado, Griffin, LeDoux, and Sharratt. Kodiak Island Borough Assembly Regular Meeting Minutes June 15, 2023 Page 3 of 9 11. BOROUGH MANAGER'S REPORT Borough Manager Williams provided a manager's report, and it was included in the meeting packet. 12. MESSAGES FROM THE BOROUGH MAYOR — None. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2023-28, Change Order No. 1, Authorization To Purchase An Available Chassis For A Bayside Fire Response Vehicle SMILEY moved to authorize the Borough Manager to award Contract FY2023- 28, Change Order No. 1, for a purchase of an available chassis for a Bayside Fire Response Vehicle from Rebel Strike, LLC at an increased amount of $14,000. The Kodiak Island Borough Fire Protection Area No. 1 Service Area (KIB FPA1) received permission to purchase a new fire response vehicle in November 2022. When the agreement was signed, there were no Ram 5500 chassis' available to build the vehicle. KIB FPA1 was notified in May 2023, that there was a chassis available, but it would be an increase of $14,000 to the cost of the vehicle build. This more costly chassis is a newer 2023 model which will replace the originally ordered 2022 vehicle. Due to the long wait times for the other chassis options, the FPA1 Service Area Board voted to Smiley moved forward with expending the extra money to receive the vehicle in a faster timeframe with stipulations included. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Delgado, Griffin, LeDoux, Sharratt, and Smiley. 2. Contract No. FY2023-50 Authorizing The Manager To Execute Contract With Convergint For The Kodiak Island Borough Lenel System Service And Maintenance SMILEY moved to authorize the Manager to execute Contract No. FY2023-50 with Convergint for the Kodiak Island Borough Lenel System Service and Maintenance for a five-year contract in the amount of $48,494. The Kodiak Island Borough's swipe card access units are on a system called the Lenel System. Kodiak Island Borough has 33 swipe card units. We have been using Convergint, formally known as ATS, for many years. Our last contract with Convergint was for five years from August 1, 2018, to July 31, 2023. As we are approaching the expiration of this contract, we are asking to renew Convergint's contract for our Lenel System for an additional five years from August 1, 2023, to July 31, 2028. The routine service and maintenance are needed to keep the system operating correctly. Kodiak Island Borough Assembly Regular Meeting Minutes June 15, 2023 Page 4 of 9 r The previous five-year contract was for a total of $39,248. The proposed five- year contract is for a total of $48,494. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, LeDoux, Sharratt, Smiley, and Turner. 14.B. RESOLUTIONS — None. 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1 -Single Family Residential District To B -Business District SMILEY moved to advance Ordinance No. FY2024-03 to public hearing at the next regular meeting of the Assembly. At the Planning and Zoning Commission regular meeting on April 19, 2023, the Commission voted to deny the applicant this rezone and not bring it forward to the Assembly. However, the applicant has asked that the Assembly hear this case and rezone 110 Bancroft from R1 -Residential Single -Family District to B - Business District despite the Commission's decision. Included in your packet are all the files supplied to the P & Z Commission- the Rezone application, the applicant's notification letter, the public hearing notices and mailing list that went out, the public hearing notice that the applicant posted, 4 public hearing responses from the public, the staff report, the denial letter with findings of fact and the April minutes from the meeting. Additionally, the applicant asserts that the Commission failed to take some important information into consideration. The list of potential reasons for adopting the rezone from the applicant, a supplemental staff report and the ordinance, if the Assembly approves the rezone, are also included in your packet. History: • In 2017 the applicant applied for this same rezone. It was approved by the P&Z Commission but denied by the Assembly. • In 2019, the applicant again applied for the same rezone. It was denied by the P&Z Commission and did not go before the Assembly. • At the site inspection for this case, staff noticed the use for the property did not appear to be in zoning compliance for the current R1 zone and issued a Zoning Compliance notification letter on April 23, 2023, after the Commission denied the rezone. A copy of that letter is included in your packet. Staff believes that the Commission's recommendation for denying the rezone are valid and asks that the Assembly to postpone this request indefinitely or deny the applicant and provide additional findings of facts if they believe the Commissions are not sufficient. Kodiak Island Borough Assembly Regular Meeting Minutes June 15, 2023 Page 5 of 9 If the Assembly hears this case and decides to approve the rezone, findings of facts for the approval will need to be provided at the public hearing. ROLL CALL VOTE ON THE MOTION FAILED UNANIMOUSLY: Griffin, LeDoux, Sharratt, Smiley, Turner, and Delgado. 0 14.D. OTHER ITEMS 1. Confirmation Of Mayoral Appointment To The Parks and Recreation Committee Of Mr. James Arneson SMILEY moved to confirm the Mayoral appointment of Mr. James Arneson to the Parks and Recreation Committee for a term to expire December 31, 2024. An application was received from Mr. James Arneson on June 1, 2023. There are currently two vacant seats on the Parks and Recreation Committee and this appointment will place Mr. Arneson on a vacant seat to expire December 31, 2024. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Sharratt, Smiley, Turner, Delgado, and Griffin. 2. Authorization To Cancel The June 29, 2023, Work Session And July 6, 2023, Regular Meeting SMILEY moved to cancel the June 29, 2023, work session and July 6, 2023, regular meeting, and authorize the Borough Manager to schedule a special meeting as necessary. The Assembly adopted Resolution No. FY2023-16 on November 3, 2022, approving the Assembly meeting calendar for the year 2023. Section 2 of the Resolution allows the assembly to cancel meetings by motion. ROLL CALL VOTE ON THE MOTION CARRIED WITH FOUR AYES AND TWO NOES: Sharratt, Smiley, Griffin, and LeDoux (Ayes); Delgado and Turner (Noes). 3. Mayoral Appointment Of Assembly Member Representatives To The Health Facilities Advisory Board And Architectural And Engineering Review Board SMILEY moved to appoint Assembly Member James Turner to the Health Facilities Advisory Board and Assembly member Ryan Sharratt to the Architectural and Engineering Review Board. Mayor Arndt, as an Assembly member, held seats on the Health Facilities Advisory Board (HFAB) and Engineering Review Board (ARB). With his recent appointment as the Mayor, he would like to appoint Assembly member Turner and Sharratt as his replacement to these boards. Kodiak Island Borough Assembly Regular Meeting Minutes June 15, 2023 Page 6 of 9 r These appointments are made in accordance with Resolution No. FY2023-20 which requires Assembly members to seat on the HFAB, and KIBC 2.125.030 which requires Assembly members to seat on the ARB Board. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Turner, Delgado, Griffin, LeDoux, and Sharratt. 4. Funding The Reimbursement Of Providence Kodiak Island Medical Center For The Predesign Services And Schematic Level Design For The Air Handler Unit At The Kodiak Hospital Facility SMILEY moved to authorize the manager to fund and reimburse Providence Kodiak Island Medical Center for the predesign services and schematic level design of the air handler unit at the hospital facility. Providence was cited by the Joint Commission for the lack of proper air flow and air exchanges in various rooms during past inspection cycles. As neither Providence or the Kodiak Island Borough worked to correct these deficiencies, either together or separately, the citations were moved to a higher priority category for immediate correction. This reimbursement for funding is for the pre - construction services and schematic level design specific to the requirements to rebuild the main Air Handler Unit which will ensure compliance to all spaces with the proper sizing and installation of a new fan wall. This work is to be funded by Providence initially to expedite the design with a firm that is under contract with Providence. The work is for a not to exceed the amount of $25,000.00. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Delgado, Griffin, LeDoux, Sharratt, and Smiley. 15. CITIZENS' COMMENTS The following spoke under citizen's comments: • Aimee Williams 16. ASSEMBLY MEMBERS' COMMENTS • Assembly member Turner had no comments. • Assembly member Delgado was glad to see the appointments to the different boards. He said he was excited to work with newly appointed Assembly member Sharratt. He thanked the staff members for their hard work. • Assembly member Griffin also thanked staff, Manager Williams, and Clerk Nova Javier. • Assembly member Sharratt was glad to see the proclamation declaring Filipino American Heritage Month in Kodiak. He also thanked staff for the job they do. • Assembly member Smiley had no comments. • Assembly member LeDoux would like to see the Borough work with the City of Kodiak regarding a boat ramp at the Ramp Site. He would like the Borough to discuss emergency response at the next Joint Work Session. He appreciated CDD Acting Director Garoutte's presentation and the attention E&F Director Conrad give to the schools. Kodiak Island Borough June 15, 2023 Assembly Regular Meeting Minutes Page 7 of 9 Mayor Arndt announced that the next Assembly work session is scheduled on Thursday, July 13, 2023, at 6:30 p.m. in the Borough Assembly Chambers. The next regular meeting is scheduled on Thursday, July 20, 2023, at 6:30 p.m. in the Borough Assembly Chambers. The Borough offices will be closed on Monday, June 19, 2023, in observance of Juneteenth Holiday. He also wished everyone a Happy Fourth Of July Holiday. 17, EXECUTIVE SESSION 1. Discussion Of Matters Involving Union Negotiations With The IBEW SMILEY moved to convene into executive session to discuss matters involving negotiations with the IBEW underthe authority of KIBC 2.30.030(F)(1)(D) forthe purpose of confidential communications with, and providing direction to, the Borough's representative regarding negotiations with the IBEW. This executive session was for the purpose of confidential communications with and providing direction to the Borough's representative regarding labor negotiations with the IBEW. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, LeDoux, Sharratt, Smiley, and Turner. SMILEY moved to invite the Mayor, Assembly Members, Borough Manager Aimee Williams, Engineering and Facilities Director Dave Conrad, Finance Director Dora Cross, and Borough Clerk Nova Javier into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Arndt recessed the regular meeting and convened into executive session at 7:49 p.m. He reconvened the regular meeting at 7:53 p.m. and announced that direction was given to the Borough Manager on how to proceed with the negotiation process. 2. Discussion Of Matters Involving A Current Staff Member's Compensation SMILEY moved to convene into executive session under the authority of KIBC 2.30.030(F)(1)(G) for the purpose of discussing confidential personnel matters regarding a compensation of a current staff member. This executive session was for the purpose of confidential personnel related communications with and providing direction to the Borough Manager regarding compensation of a current staff member. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Sharratt, Smiley, Turner, and Delgado. SMILEY moved to invite the Mayor, Assembly Members and Borough Manager Aimee Williams into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Kodiak Island Borough Assembly Regular Meeting Minutes June 15, 2023 Page 8 of 9 After the vote, Mayor Arndt recessed the regular meeting and convened into executive session at 8:36 p.m. He reconvened the regular meeting at 9:03 p.m. and announced that direction was given to the Manager on how to address the compensation of the current staff member. 3. Borough Clerk's Performance Evaluation SMILEY moved to convene into executive session under the Authority of KIBC. 2.30.030 (F)(1)(C) to discuss the Borough Clerk Performance Evaluation, a matter which might include a discussion that could potentially prejudice her reputation and character. Contract No. FY2022-40, Section 10 Evaluations, states that the Clerk shall receive a full performance review annually on or prior to the contract anniversary date. The clerk was hired on June 17, 2022. The Borough Clerk has been advised of the executive session and her right to request public discussion. She does not object to the evaluation being done in executive session. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Sharratt, Smiley, Turner, Delgado, and Griffin. SMILEY moved to invite the Mayor and Assembly Members into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Arndt recessed the regular meeting and convened into executive session at 9:05 p.m. He reconvened the regular meeting at 9:04 p.m. SMILEY moved to increase the salary of the Borough Clerk to $149,971.50 effective January 1, 2023. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Sharratt, Smiley, Turner, Delgado, and Griffin. 18. ADJOURNMENT SMILEY moved to adjourn the meeting at 9:15 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Kodiak Island Borough June 15, 2023 ATTEST: ova M. Javier, Borough tlerk Assembly Regular Meeting Minutes Page 9 of 9