Loading...
2022-11-02 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting November 3, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on November 3, 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 Williams 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 Williams, Assembly members Larry Ledoux, Joseph Delgado, Jared Griffin, Geoffrey Smith, Scott Smiley, and James Turner. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF AGENDA AND CONSENT AGENDA Smiley moved to approve the agenda and the consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES (Approved under consent agenda) 1 Regular Meeting Minutes of October 20, 2022 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Mitchell Kilborn • Hailey Thompson 8. AWARDS AND PRESENTATIONS — None. 9. COMMITTEE REPORTS Kodiak Island Borough November 3, 2022 Assembly Regular Meeting Minutes Page 1 of 10 10. PUBLIC HEARING Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Interests To Lease The Property At 717 E. Rezanof Drive Pursuant To A Competitive Request For Proposals Process Which Waives Certain Disposal Procedures Smiley moved to adopt Ordinance No. FY2023-11. As directed, the staff and borough attorney developed and presented for review an ordinance for the disposal by lease of the three buildings at 717 East Rezanof Street (former Mental Health Facilities). By affirmative action of the assembly, this ordinance will direct the staff to develop and advertise a request for Proposal for the long-term lease of the facilities. Mayor Williams 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, Ledoux, Smiley, and Smith. 2. Ordinance No. FY2023-02A 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, 0 Providing For Additional Expenditures, And Moving Funds Between Projects Smiley moved to adopt Ordinance No. FY2023-02A. During the 10/13/22 work session, a request was made to remove the Tourism Development budget adjustment because the financial information did not include the first quarter transient accommodation revenues which are not due until 10/30/22. Item will be addressed in future amendments. ORIGINAL VERSION 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. Staff was asked to provide quarterly cost information for the receptionist position at the Kodiak Fisheries Research Center (KFRC) and make arrangements for transfers from the General Fund to fund the position. That position costs roughly $5,200 a month for 2 days a week. As of 9126/22, the Tourism Development Fund has a current FY2023 deficit of $11,000. Funds (not including Capital Project Funds) Kodiak Island Borough Assembly Regular Meeting Minutes November 3, 2022 Page 2 of 10 I Funds are accounts established to collect money that must be used for a specified purpose. The following funds are being changed with this budget F- amendment: I Fund Additional Appropriation Transfer In/(Out) Current Cash Balance 100 - General Fund 10/13 Revision $0 ($TBD)$8,041,822 220 - Building & Grounds $0 ($45,000) $669,320 277 - Tourism Development 10/13 Revision $0 $TBD $69,501 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 Project Name Increasing/(Decreasing) 415 Peterson Elementary Roof Replacement $45,000 455 Tsunami Siren Upgrades - 2020 ($105,041) Mayor Williams 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, Ledoux, Smiley, Smith, Turner, and Delgado. 11. BOROUGH MANAGER'S REPORT Interim Borough Manager Dave Conrad reported on the following: • FY2023 Budget Book — The Finance Department has completed the FY2023 Budget Book and has provided copies to the assembly for informational purposes. • PKIMC — Staff will present the settlement agreement to the assembly and will request endorsement to finalize the claims for the two fuel spill incidents at the Long -Term Care Center and the Hospital facilities. • KIBSD — Finance will be presenting two ordinances to the assembly for consideration and approval to dedicate the ARPA Funds to the single project, Peterson Elementary School HVAC, and Roof Repairs. • KIB Electrical Contractor, Local Electric is working on the repair/replacement of the flashing light on Rezanof that had significant hardware failure last year. �- Kodiak Island Borough November 3, 2022 Assembly Regular Meeting Minutes Page 3 of 10 • Assessing — KANA Case depositions were completed last week and he is working on follow up information. December 12,13, 14 are the trial dates. • Assessing staff continues performing the required Feld work for the reassessment of properties within the City of Kodiak boundaries. • Staff is prepared for the distribution of the updated senior citizen and disabled veteran exemption applications and the personal property and aircraft filing forms. • Community Development — Staff is working on various permits and applications. Natives of Kodiak submitted Spruce Cape subdivision for preliminary plat review. • Mill Bay Plaza final plat is anticipated for presentation of final review. • Finance — Staff has started the annual filing of small claims for delinquent personal property accounts, notices are currently being served. • The Full Payment Option for property taxes went well and the next payment date will be on November 15 which is when the second half payment is due. • GASB87 — Governmental Accounting Standards Board requirements went into effect June 2021. This requires the lessee to recognize a lease liability and an intangible right to use lease assets at the end of a lease term. Finance is examining the current leases for potential changes if required to meet these requirements. Engineering and Facilities • KRFC — The Government Services Administration (GSA) has forwarded documents associated with the award of this capital project with the KIB email issues. These documents are in the qua for email delivery and will be completed tomorrow. • Bulldozer Procurement —The dozer rebuild continues. • Service Area Contracts — Contract development is required for renewal and implementation. • Landfill —Three more blasting events will occur early next week. That is going to conclude the blasting for this year. Rock processing continues. • Leachate Treatment Plant - Under slab piping has been installed and electrical conduit is installed and inspected. Contractor is placing rebar for Monday inspection and concrete pour as weather allows. • Staff is preparing the documents for the request of low interest loans from the ADEC State Revolving Loan Questionnaire. The request will be for 4.45 million dollars. Kodiak Island Borough Assembly Regular Meeting Minutes November 3, 2022 Page 4 of 10 • Larsen Bay School Property — The Larsen Bay Tribal Council has requested a single word change to the document. A discussion was held regarding repair r items that were not able to be completed due to travel restrictions and contractor availability. He is recommending that the disposal proceed, and will work with li Larsen Bay to complete specific repairs to the heating and fire suppression system that were identified prior to the disposal discussions. The cost is estimated at less than $5000.00 for all the repairs. Karluk School Property — A discussion was held today with the Alaska Department of Environmental Conservation, Contaminated Sites Section. Due to the extensive amount of contamination, the depth of contaminated soils and the lack of ground water testing the site will, likely require an Environmental Covenant be assigned to the parcel. There has been an incomplete ground water investigation and the installation of monitoring wells and periodic monitoring may be required at the property. A meeting has been proposed for the first week of November after the ADEC staff member discusses the case with her superiors. • At this point if the assembly wishes to completely shutdown and close the school facility direction should be provided to the staff. List of Pending Items for Discussion • Bayside Classroom Addition. • Disposition of Closed School Facilities — Allowable Scope for Current Staff OSHA Voluntary Compliance Visit — Rescheduled for October. • Continued update of the Personnel Manual ARPA Funding Reporting is continuing. • Grant Application and Local Match Funding — Approval for application prior to expending staff time. • Leases — Teen Court, Red Cross, Fairgrounds, KISA, Chiniak Library, Long Term Care Major Maintenance Funding for Facilities. • Disposition of Mental Health Buildings — Information provided to the assembly Solid Waste Collection Contract Modifications. • Service Area Contracts Annual Contracts. He is working on additional methods to reward employees in Personnel Manual. • He is working on Borough vehicle replacements. • Funding opportunities for road repairs and improvements. 12. MESSAGES FROM THE BOROUGH MAYOR None. Kodiak Island Borough November 3, 2022 Assembly Regular Meeting Minutes Page 5 of 10 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS Election Of The 2022-2023 Borough Assembly Deputy Presiding Officer Griffin moved to unanimously nominate Assembly member Smiley as Deputy Presiding Officer. Mayor opened the floor for nominations. The assembly annually, at the November meeting, elects from its members a Deputy Presiding Officer to serve at the assembly's pleasure. Duties of the Deputy Presiding Officer: • Will preside as the chair at assembly meetings in the absence of the mayor. • Perform other duties as assigned by the Mayor and Assembly. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 14.A. CONTRACTS 1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Offices And Common Spaces In The KFRC Facility Smiley moved to approve Contract No. FY2023-21 Carpet Replacement for the Mail Floor of NOAA offices and common spaces in the KFRC facility as described in the statement of work to Eastside carpet company of Anchorage, Alaska. As part of the last lease negotiation, NOAA and the Government Services Organization have been cooperative partners with the KIB staff in the development of the carpet replacement project for the NOAA leased office spaces and the common areas of this KFRC facility. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ledoux, Smiley, Smith, Turner, Delgado, and Griffin. 2. Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacement Project With Jensen Yorba Wall Smiley moved to authorize the manager to execute Contract No. FY2023-27 completion of the Peterson HVAC and roof replacement project with Jensen Yorba Wall. This contract adjustment will fund the completion from the present 65% design and drawing phase to 95% design, specification, and preparation of the bid proposal package for advertisement for competitive bid. Kodiak Island Borough Assembly Regular Meeting Minutes November 3, 2022 Page 6 of 10 PJ ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Delgado, Griffin, and Ledoux. 3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Rebel Strike, LLC. Smiley moved to authorize the Manager to execute Contract No. FY2023-28 bid to Rebel Stike, LLC. for the Bayside Fire Response Vehicle procurement in the amount of $247,264. Bayside Fire Chief Lee Finlayson and the Fire Protection Area 1 Board (FPA1) have decided they would like to purchase a new truck as a fire response vehicle for the Bayside fire station. FPA1 published an invitation to bid on June 17, 2022, but the bid process failed due to supply chain issues and availiablity of vehicles. After discussion with the Borough Attorney, the FPA1 was allowed to send a deposit to vendors that currently had a vehicle that met specifications to hold it while the bidding process was progressing. They re -published the bids on September 2, which was a successful bid. There were two bidders that submitted full bid packages; one was sent the deposit to hold the vehicle, the other was not. The FPA1 held a meeting on October 18, 2022, and a special meeting on October 24th, 2022, to evaluate the bidders' qualifications and specifications. It was decided that Rebel Strike was the lowest bidder and therefor more qualified. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Turner, Delgado, Griffin, Ledoux, and Smiley. 14.B. RESOLUTIONS 1. Resolution No. FY2022-15A Amending Resolution No. FY2022-15, A Resolution Of The Assembly Of The Kodiak Island Borough Approving The Annual 2022 Borough Calendar Smiley moved to adopt Resolution No. FY2022-15A. On December 16, 2021, the Assembly adopted Resolution No. FY2022-15 approving The Annual 2022 Borough Calendar. In order to make changes to the meeting calendar, the assembly must first make an amendment to the Resolution. The Assembly directed staff to schedule a work session on November 10, and a regular meeting on November 17, and cancel the work session of December 8 and regular meetings of December 15 due to anticipated lack of quorum because of the Alaska Municipal League Conference. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, It Turner, Delgado, Griffin, Ledoux, and Smiley. Kodiak Island Borough Assembly Regular Meeting Minutes November 3, 2022 Page 7 of 10 2. Resolution No. FY2023-16 Approving The Assembly Meeting Calendar For The Year2023 Smiley moved to adopt Resolution No. FY2023-16. Ordinance No. FY2018-12 states that the Assembly is to set and adopt its meeting calendar for the following year by resolution. If any of the regular meeting falls on a holiday or holiday eve the assembly may advance, postpone, or cancel meetings as necessary; and when the lack of quorum for holding a meeting occurs, or when there is little or no business to be considered, the Assembly may cancel such meeting and hear its business at the next regular meeting. The Annual Alaska Municipal League conferences are now held during the first week of December. The November 30 work session and December 7 regular meeting were removed from the calendar due to the anticipated lack of quorum. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Delgado, Griffin, Ledoux, Smiley, and Smith. 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2023-10 Determining That It Is In The Borough's Best Interests To Dispose Of The Larsen Bay School Property Located At 502 Third Street In Larsen Bay By Conveyance To The Village Of Larsen Bay With Conditions To Accommodate A Future School Location Smiley moved to advance Ordinance No. FY2023-10 to public hearing at the next regular meeting of the Assembly on November 17, 2022. Due to the costs associated with maintaining the property and facility (former school) in Larsen Bay, staff has been directed to pursue the disposal of this parcel and facility. Discussions have been held with both the City of Larsen Bay and the Native Village of Larsen Bay. Conversations with the Village Council have resulted in an interest of the council to pursue ownership of the school for the purpose of utilizing the facility and grounds as a multi -use facility for the Larsen Bay residents. Discussions with the tribal council president have included the willingness to provide adequate, maintained classroom space for the continued educational purposes of the resident school age children. Language in the disposal agreement has been included in the required disposal documents. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Ledoux, Smiley, Smith, and Turner. 14.D. OTHER ITEMS 15. CITIZENS' COMMENTS Kodiak Island Borough Assembly Regular Meeting Minutes November 3, 2022 Page 8 of 10 I 0 I The following spoke under citizen's comments: • Cort Neff 16. ASSEMBLY MEMBERS' COMMENTS • Assembly Member Smith had no comment. • Assembly Member Ledoux had no comment. • Assembly Member Smiley had no comment. • Assembly Member Griffin thanked the citizens that showed up and commented at the meeting. He expressed his support on Larsen Bay building repairs project and the Baranof Park ice rink name decolonization. • Assembly Member Delgado encouraged citizens to take care of their homes during this windy and cold season. • Assembly Member Turner expressed gratitude and appreciation towards the number of citizens in the audience. 17. EXECUTIVE SESSION Assembly Discussion Of The Qualifications Of David Conrad To Serve As Borough Manager Smiley to convene into executive session under the authority of KIBC 2.30.030(F)(1)(C) for the purpose of discussing the qualifications of David Conrad to serve as Borough Manager. This is a matter which may tend to prejudice the reputation or character of Mr. David Conrad who has been notified of the potential executive session. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Ledoux, Smiley, Smith, Turner, and Delgado. Smiley moved to invite the Mayor, Assembly members, and Interim Borough Manager David Conrad into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Smiley moved to negotiate a contract with David Conrad for the Borough manager position as a result of the executive session ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ledoux, Smiley, Smith, Turner, Delgado, and Griffin. Discussion Of The Terms Upon Which To Extend An Offer Of Employment To A Potential Borough Manager Smiley moved to convene into executive session to discuss the terms upon which to extend an offer of employment to a potential Borough Manager. This matter qualifies for executive session under the authority of KIBC 2.30.030(F)(1)(B) as a matter the immediate public knowledge of which would tend to affect adversely affect the finances of the borough. Kodiak Island Borough November 3, 2022 Assembly Regular Meeting Minutes Page 9 of 10 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Delgado, Griffin, and Ledoux. Smiley moved to invite the Mayor, Assembly members, and Special Projects Support Officer Meagan Christiansen into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Smith moved to direct Mayor Williams and Deputy Presiding Officer Smiley to negotiate the Borough manager contract with David Conrad as a result of the executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smith, Turner, Delgado, Griffin, Ledoux, and Smiley. 18. ADJOURNMENT Smiley moved to adjourn the meeting at 8:27 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: Aimee Williams, Borough Mayor N va M. Javier, MMC, Boro gh Clerk Kodiak Island Borough Assembly Regular Meeting Minutes November 3, 2022 Page 10 of 10