02/15/2018 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
February 15, 2018
A regular meeting of the Kodiak Island Borough Assembly was held on February 15, 2018, in
the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The
meeting was called to order at 6:30 p.m.
The invocation was given by Major Dave Blacketer of the Salvation Army. Mayor Rohrer led
the Pledge of Allegiance.
Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Julie Kavanaugh, Rebecca
Skinner, Scott Smiley, Dennis Symmons, and Matthew Van Daele. Also present were
Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Karen
Siador.
VAN DAELE moved to excuse Assembly member Schroeder who was absent due to personal
leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
CROW moved to approve the agenda and consent agenda
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
'Regular Meeting Minutes of October 19, 2017 and November 2, 2017 and December 7, 2017
were approved under consent agenda.
CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker)
Sam Rohrer called in and spoke in opposition regarding approval of Contract No. FY2018-07.
Gina Bishop, Interim Chief Executive Officer of Providence Kodiak Island Medical Center, spoke
about the mental health challenges in Kodiak and urged the Assembly to approve the lease with
PKI Counseling Center.
John Whiddon spoke about the consolidation process.
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Tim Hocum, PKIMC Financial Officer, thanked the Assembly for its continued support.
Mike Chrisberc, Alaska Waste Management, spoke about what their company does in Kodiak
and encouraged the Assembly to vote in favor of Contract No. FY2018-07.
Pat Holmes wrote a letter regarding Conflict of Interest which was read into the record by Clerk
Javier.
AWARDS AND PRESENTATIONS
Mayor Rohrer presented a Coast Guard Appreciation Day Proclamation applauding the Coast
Guard's efforts in making Kodiak and all the navigable waters of Alaska a safer and better
place to live, work, and play.
Borough Manager Powers presented the Employee of the Year award to Carl Royall,
Treatment Plant Operator at the Leachate Treatment Plant, Engineering and Facilities
Department.
Grant Todd, CPA, Altman, Rogers & Co. presented an Auditor's Report On The FY2017
Comprehensive Annual Financial Report (CAFR).
COMMITTEE REPORTS — None.
PUBLIC HEARING
1. Ordinance No. FY2018-16 Amending Title 2 Administration And Personnel,
Chapter 35 Conflict Of Interest, Section 020 Definitions To Establish A Clear
Definition Of Substantial Financial Interest In The Borough Code.
CROW moved to adopt Ordinance No. FY2018-16.
Existing Borough code does not define "substantial financial interest," and there were no KIB
polices or guidelines explaining how to determine whether a financial interest was substantial,
which could lead to inconsistent application of KIBC conflict of interest provisions. This proposed
code amendment creates a bright -line conflict of interest test that was consistent with past
interpretation and application of the Borough Code, conforms with the fairness doctrine, and was
in line with "substantial financial interest" definitions used by other municipalities and the State of
Alaska4.
This code amendment will address most conflict situations the Assembly was likely to encounter;
significantly reducing the number of times the Assembly will need to undertake fact -sensitive
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inquiries and formal action in regards to conflict of interest. Instances of conflict of interest not
covered by this amendment would continue to be evaluated on the specific facts of each
instance and with consideration of any applicable legal standard.
Mayor Rohrer opened the public hearing.
Seeing and hearing none Mayor Rohrer closed the public hearing.
SMILEY moved to postpone Ordinance No. FY2018-16 to the March 22, 2018 regular meeting of
the Assembly.
ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FOUR TO TWO: Smiley and Van
Daele (AYES); Crow, Kavanaugh, Skinner, and Symmons (NOES).
SMILEY moved to amend by substitution with Version 3.
ROLL CALL VOTE ON MOTION TO SUBSTITUTE FAILED FOUR TO TWO: Smiley and Van
Daele (AYES); Kavanaugh, Skinner, Symmons and Crow (NOES).
ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Skinner, Symmons, Crow, and
Kavanaugh (AYES); Smiley and Van Daele (NOES).
BOROUGH MANAGER'S REPORT
Manager Powers reported on the following:
• Meeting with Port Lions leadership regarding the status of the school in their City
• Cell tower regulations ordinances
• Killarney Hills update, Larsen bay comprehensive plan, hazard mitigation plan update
• Junk vehicle lottery this Spring
• GIS Imagery
• FY2019 Budget
• Meet with school superintendent regarding RNR issues and potential funding from State
• Spoke to Borough's state lobbyist regarding possible state capital budget opportunity
MESSAGES FROM THE BOROUGH MAYOR
Mayor Rohrer reported on the following:
• Met with Senior center for their accreditation
• Saturday giving the proclamation for CG appreciation
• Feb 22 working regarding budget
• Releasing packet on Friday now instead of Tuesday.
UNFINISHED BUSINESS — None.
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NEW BUSINESS
Contracts
1. Contract No. FY2018-07 Solid Waste Collection Services Contract for the Kodiak
Island Borough for Fiscal Years 2018-2026.
Mayor Rohrer declared a conflict of interest as he is related to other proposer to the Contract.
Mayor Rohrer passed on the gavel to Deputy Presiding Officer Skinner. DPO Skinner ruled that
Mayor Rohrer had a conflict and excused him from participating in the discussion.
CROW moved to authorize the Manager to execute Contract No. FY2018-07 Solid Waste
Collection Services Contract with Alaska Waste of Alaska Inc. for the Kodiak Island Borough for
Fiscal Years 2018-2026.
A Request for Proposal (RFP) for the Solid Waste Collection Services Contract for the Kodiak
Island Borough for fiscal years 2017-2021 was issued on March 15, 2017, and proposals were
due and opened on June 8, 2017.This contract was for the Solid Waste Collections Contract.
The scope of work was for the collection and removal of solid waste both residential and
commercial to be disposed of at the Kodiak Island Borough's permitted landfill.
Two proposals were received one from, Alaska Waste of Alaska Inc. Anchorage, AK. and
another from Emerald Sanitation Inc, Kodiak, AK. The RFP submissions were reviewed and
evaluated by three Borough employees and one outside representative of CH2MHILL. The
review team reviewed the RFP's, and determined that both were responsive proposers. Both
proposals were evaluated on Rate, Qualification and references, Safety, Litigation, Regulations
and Liability, and Contract Exceptions.
Per KIBC 3.16.110 Competitive sealed proposals - negotiated procurement.
D. Proposals shall be received at the time and place designated in the request for proposals and
shall be opened so as to avoid disclosing their contents to competing proponents during the
process of negotiation. Proposals and tabulations thereof shall be open to public inspection only
after the contract award.
After careful review the selection team unanimously concurred that Alaska Waste was the more
beneficial proposal for the Kodiak Island Borough for the following reasons. Alaska Waste of
Alaska Inc. residential and commercial rates where substantially lower than the other proposal,
Alaska Waste's qualification had substantially more depth in experience than the other proposal.
These were the top 2 reasoning from the team for the selection of Alaska Waste of Alaska.
The Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a
contract exceeding $25,000 requires Assembly approval.
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Staff was recommended the award of this Contract to Alaska Waste of Alaska Inc. Anchorage,
AK.
CROW moved to postpone Contract No. FY2018-16 to the next regular meeting of the Assembly.
CROW moved to amend the postponement date to a special meeting on March 8, 2016 and
asked that an executive session be included in the meeting.
ROLL CALL VOTE ON MOTION TO AMEND THE POSTPONEMENT CARRIED
UNANIMOUSLY: Skinner, Smiley, Symmons, Van Daele, Crow, and Kavanaugh.
2. Contract No. FY2018-24 A Three-year lease of Borough -Owned Facilities To
Providence Kodiak Island Counseling Center.
VAN DAELE moved to approve Contract No. FY2018-24 with Providence Kodiak Island
Counselling Center.
Prior to 1997, the Kodiak Island Borough owned and operated Kodiak Island Borough Mental
Health, a mental heal clinic for the residents of the Kodiak Island Borough. In 1997, KIB
partnered with Providence Health Services of Alaska to transfer operation of those services. KIB
has continued to provide in-kind support to the Mental Health and Counseling services offered by
Providence in the form subsidized rent.
Providence Kodiak Island Counseling Center (PKICC) has occupied the buildings on Borough
Hill adjacent to Rezanof Drive, known formally as USS 2538A Lot 5A-113 KIB Mental Health
Complex, continuously since 1997.
The purpose of this contract is to extend the the PKICC's use of this building complex an
additional 3 years, terminating in 2021. Details related to division of maintenance and
catastrophic costs can be found within the proposed lease agreement.
The Planning and Zoning Commission approved disposal by lease for this parcel at their January
24, 2018 meeting.
CROW moved to convene into an executive to discuss Contract No. FY2018-16 which qualified
for an executive session as a matter the immediate public knowledge of which would tend to
affect adversely the finances of the borough.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Van Daele, Crow,
Kavanaugh, Skinner, and Smiley.
CROW moved to invite the Borough Mayor, Assembly members, Manager, and Clerk's Office
staff into executive session.
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VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
The regular meeting was recessed at 8:52 p.m. The Assembly reconvened the regular meeting
at 9:06 p.m. The Mayor announced that no action was taken as a result of the executive session.
ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Symmons, Van Daele,
Crow, Kavanaugh, Skinner, and Smiley.
Resolutions
1. Resolution No. FY2018-25 Directing The Manager To Solicit For Proposals For The
Hiring Of A Consultant(s) To Perform Research And Provide Reports Related To The
Topic Of Consolidation And Recommending The Allocation Of Funding Necessary
Related To This Subject In The FY2019 Budget.
CROW moved to adopt Resolution No. FY2018-25.
On February 12, 2018, a corrected version of the resolution was provided to the Assembly to
comply with AS 29.25.010(a)(4) which states that "the governing body of a municipality shall use
ordinances to make appropriations, including supplemental appropriations or transfer of
appropriations." The corrected version will recommend the allocation and the allocation will be
done at a later date appropriating funding via ordinance.
During the October 2016 Kodiak Island Borough Municipal Election, the voters were presented
an advisory question " "Should the Kodiak Island Borough pursue the idea of consolidating the
Kodiak Island Borough and the City of Kodiak into a single unit of government?" and the vote
resulted in an approval of 1235 yes votes and 919 no votes."
At this point, the elected representatives and citizens of the Kodiak Island Borough, including
those who reside within the City of Kodiak, need to know:
a. Will consolidation result in the better use of our limited resources, from tax dollars to staff
hours, to provide the highest quality services to our residents in the most efficient and
economical way
b. Should these like-minded municipalities be combined to form a single most efficient
organization or maintain their unique and independent separate bodies?
c. Which government structure will deliver services most efficiently and effectively; and
As a first step, the Borough needs to have a single consultant or separate consultants, perform:
a. An unbiased and objective study of this issue.
b. Research to determine past, present and future economic conditions, trends, and the
impacts and benefits of consolidation and forecasts and answers to basic questions, with
supporting data and facts.
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c. Provide non -biased recommendations and suggestions on this matter.
This resolution will direct the Manager to solicit for proposals for the hiring of a consultant or
consultants to perform research and provide a report or reports on the economic conditions of
the two municipalities and the potential benefits and/or impacts of consolidation, as well as the
benefits and potential impacts on government operations and services. This resolution also
recommends the allocation of funding necessary related to this subject in the FY2019 Budget. A
draft scope of work for this effort was included in the packet.
VAN DAELE noted that he was currently employed as the City of Kodiak Deputy Manager and
asked the Mayor to rule whether he had a conflict regarding Resolution No. FY2018-25.
Mayor ROHRER ruled that Assembly member Van Daele had a conflict of interest and excused
him from discussing and voting on Resolution No. FY2018-25.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Kavanaugh, Skinner,
Smiley, and Symmons.
Ordinances for Introduction — None.
Other Items
1. Confirmation of Mayoral Appointments to the Joint Building Code Review Committee
(Mr. Scott Arndt and Mr. Jerrol Friend).
SKINNER moved to confirm the Mayoral appointments of Scott Arndt for a term to expire
December 2019 and Jerrol Friend for a seat to expire December 2020 on the Joint Building Code
Review Committee.
Building Official Ted Hansen would like to convene the the Joint Building Code Review
Committee for a meeting. Since most of the seats have expired on the Committee, it was
necessary to appoint new members. The Mayor reached out to the members of ARB and the
following were his appointments:
• Scott Arndt
• Jerrol Friend
These seats were appointed by the Mayor and confirmed by the Assembly. The Committee was
comprised of two representatives from the Borough (ARB) and an Assembly member (Kyle
Crow) and two City representatives and a City Council member. In the past, there were three
appointments from the City plus a Council member. City Clerk Marlar noted that the Council
agreed that both the Borough and City should only have two regular representatives on the
Committee in addition to the elected officials.
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Additional historical documents were attached to the packet. Based on the documentation
provided, the Borough representatives are appointed from the Architectural Review Board.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Kavanaugh, Skinner,
Smiley, Symmons, and Van Daele.
2. Assembly Review And Taking Official Action Regarding The Following South West
Alaska Municipal Conference Resolutions:
Resolution No. FY2018-01 Supporting the Reauthorization and Amendment of the
Magnuson -Stevens Act to Insure the Continued Management of the Nation's Fisheries
Based on Sound Science and Harvest Limitations That Prioritize the Continuation and
Sustainability of America's Fisheries.
Resolution No. FY2018-02 Urging Governor Walker to Declare a Federal Fisheries
Disaster for the 2018 Commercial Pacific Code Fishery in the Gulf of Alaska.
Resolution No. FY2018-03 Supporting the "Coastal Communities Ocean Acidification
Act of 2017" Introduced by Senator Lisa Murkowski.
Resolution No. FY2018-04 Supporting a Progressive Graduated Statewide Income
Tax as Part of a Sustainable Budget for the State of Alaska.
Resolution No. FY2018-05 Supporting the Governor's Proposed FY2019 Alaska
Marine Highway System Operating Budget and Supporting Forward Funding for the
Alaska Marine Highway System.
At the January 25 work session, the Assembly reviewed the SWAMC resolutions. Since
authorization will be granted to a delegate who will be voting on behalf of the Borough, it is
important for the Assembly to take positions on the resolutions. The Assembly would have to
vote on the resolutions separately.
The Kodiak Island Borough was a member of the Southwest Alaska Municipal Conference
(SWAMC) and sends a delegate or delegates to attend annual conference each year. An
important part of the annual conference was the discussion and approval of resolutions coming
from SWAMC membership.
Attached to the packet are the five resolutions the SWAMC Board approved at its last meeting on
January 18 and further approved for consideration by the SWAMC membership. The SWAMC
Board was continuing to work on a few other resolutions it will likely bring to the Membership.
The Assembly may also adopt a resolution to submit to SWAMC. SWAMC was open to
accepting resolutions submitted before the Conference on March 1 and 2.
SMILEY moved to express support to SWAMC Resolution No. FY2018-01 Supporting the
Reauthorization and Amendment of the Magnuson -Stevens Act to Insure the Continued
Management of the Nation's Fisheries Based on Sound Science and Harvest Limitations That
Prioritize the Continuation and Sustainability of America's Fisheries.
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ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Smiley, Symmons,
Van Daele, and Crow
SMILEY moved to express support to SWAMC Resolution No. FY2018-02 Urging Governor
Walker to Declare a Federal Fisheries Disaster for the 2018 Commercial Pacific Code Fishery in
the Gulf of Alaska.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Van Daele,
Crow, and Kavanaugh
SMILEY moved to express support Resolution No. FY2018-03 Supporting the "Coastal
Communities Ocean Acidification Act of 2017' Introduced by Senator Lisa Murkowski.
ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Symmons, Van Daele, Crow, and
Smiley (Ayes); Kavanaugh (No)
SMILEY moved to express support Resolution No. FY2018-04 Supporting a Progressive
Graduated Statewide Income Tax as Part of a Sustainable Budget for the State of Alaska.
ROLL CALL VOTE ON MOTION FAILED TWO TO THREE: Crow and Symmons (Ayes);
Kavanaugh, Smiley, and Van Daele (Noes)
SMILEY moved to express support to SWAMC Resolution No. FY2018-05 Supporting the
Governor's Proposed FY2019 Alaska Marine Highway System Operating Budget and Supporting
Forward Funding for the Alaska Marine Highway System.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Kavanaugh, Smiley,
Symmons, and Van Daele
3. Request For A Grant Letter Of Support From Kodiak Area Native Association
CROW moved to approve a letter of support for the Kodiak Area Native Association.
On January 8, 2018, the Borough Mayor received a request for a letter of support from the
Kodiak Area Native Association (KANA). KANA is preparing to submit an application to the State
of Alaska for a Mental Health Deferred Maintenance and Accessibility Improvements grant. With
these funds, KANA plans to make critical improvements to their facility where they provide
Behavioral Health services.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Skinner, Smiley,
Symmons, Van Daele, and Crow.
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CITIZENS' COMMENTS
Jeff Stewart spoke about the upcoming consolidation study.
ASSEMBLY MEMBERS'COMMENTS
Assembly member Summons thrilled to be back and spoke about doing the right thing for the
community. He encouraged the public to come to the meetings and voice out their concerns.
Assembly member Smiley talked about his day.
Assembly member Crow talked about SWAMC resolutions.
Assembly member Kavanaugh will be out of town due to personal reasons.
Announcement
The next Assembly work session was scheduled on Thursday, March 8, 2018 at 6:30 p.m.,
immediately followed by a special meeting in the School District Conference Room. The City
Council and Borough Assembly will hold a Joint Work Session on March 21, 2018 at 7:30 p.m. in
the School District Conference room.
There was no Assembly meeting scheduled on March 15th. The next regular meeting was
scheduled on Thursday, March 22, 2018 at 6:30 p.m. in the School District Conference Room.
ADJOURNMENT
SYMMONS moved to adjourn the meeting.
Meeting was adjourn at 10:19 p.m.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
ATTEST:
KODIAK ISLAND BOROUGH
Daniel A. Rohrer, Mayor
Nova M. Javier, MMC, B #ugh Clerk Approved on: March 22, 2018
Kodiak Island Borough
February 15. 2018
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