05/02/2019 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
May 2, 2019
A regular meeting of the Kodiak Island Borough Assembly was held on May 2, 2019, 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 David Davis of the Salvation Army. Mayor Rohrer led the
Pledge of Allegiance.
Present were Mayor Dan Rohrer, Assembly members Scott Arndt, Julie Kavanaugh, Scott
Smiley, Dennis Symmons, and James Turner. Also present were Borough Manager Michael
Powers, Borough Clerk Tara Welinsky, Assistant Clerks Lina Cruz and Karen Siador.
ARDNT moved to excuse Assembly members Skinner and Schroeder who were absent due to
personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
KAVANAUGH moved to approve the agenda and the consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
Regular meeting minutes of April 18, 2019 was approved under consent agenda.
CITIZENS' COMMENTS
The following spoke under citizens' comments:
• David Conrad
• Nick Szabo
• Mark Gingrich
• Justin Thran
• James Zurflew
• Judy Carstens
• Danielle Specht
• Danae McKinney
• Kim Saunders
• Deb Goodell
AWARDS AND PRESENTATIONS
Received a presentation from Discover Kodiak's Executive Director, Aimee Williams.
Proclaimed the week of May 5-12, 2019 as Municipal Clerk's Week and further extend
appreciation to Borough Clerk Tara Welinsky, Deputy Clerk Alise Rice, and Assistant Clerks
Lina Cruz and Karen Siador and to all Municipal Clerks for the vital services they perform and
their exemplary dedication to the communities they represent.
Proclaimed May 2019 as Mental Health Awareness Month and urge all citizens, government
agencies, public and private institutions, businesses and schools in Kodiak to increase
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May 2, 2019 Page 1 of 9
awareness and understanding of mental health, recommit to the steps our citizens can take to
protect their mental health, and the need for appropriate and accessible services for all people
with mental illnesses at all stages.
COMMITTEE REPORTS
None.
PUBLIC HEARING
State Of Alaska Alcohol And Marijuana Control Office New Application For A Retail
Marijuana Store From Dejavu Cannabis Company, License No. 19658, Licensee
Andrew G. Sablon
KAVANAUGH moved to approve the issuance of a license for a retail marijuana store from
Dejavu Cannabis Company, License No. 19658, Licensee Andrew G. Sablon with the following
conditions: 1. The store location structure is completed and inspected. 2. A certificate of
occupancy from the building official is obtained.
On, March 21, 2019, the Kodiak Island Borough Clerk's Office received the notification
regarding the attached license application for a retail marijuana store from Dejavu Cannabis
Company. To protest the approval of this application(s), pursuant to 3 AAC 306.060, KIB must
furnish the AMCO director and the applicant with a clear and concise written statement of
reasons for the protest within 60 days of the date of the notice (by May 20, 2019) and provide
AMCO proof of service of the protest upon the applicant.
The Clerk's Office followed KIBC 5.02.040 and processed the attached application. To
summarize, the Clerk's Office checked with the different borough departments including the
building officials and Fire Marshal to determine if there was an interest which can be protested
with the approval of the said license issuance.
The following feedback were returned as a result of the investigation. The forms are
attached to this packet.
• Manager's Office - Has no interest which can be protected by protesting the issuance
of a new marijuana retail store application.
• Community Development Department - Has no interest which can be protected by
protesting the issuance of a new marijuana retail store application.
• Engineering and Facilities Department - Has no interest which can be protected by
protesting the issuance of a new marijuana retail store application.
• Building Official -Has no interest which can be protected by protesting the issuance of
a new marijuana retail store application.
• Fire Marshal- Has interest to protest. Structure does not exist at time of application.
Unable to inspect or otherwise regulate occupancy. Fire Marshal will drop protest upon
building receiving a Certificate of Occupancy from the Building Official.
• Assessing Department - No structure to asses.
Notices of public hearing were advertised on April 18, 2019 and April 25, 2019. 51 public
hearing notices were sent out on April 15, 2019.
Mayor Rohrer closed the regular meeting and opened the public hearing.
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The following spoke under public hearing:
• Andrew Sablon
Mayor Rohrer closed the public hearing and convened the regular meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Kavanaugh, Smiley,
Symmons, and Turner.
2. Ordinance No. FY2019-01C Amending Ordinance No. FY2019-01, Fiscal Year 2019
Budget, By Amending Budgets To Account For Various Revenues That Are Over
Budget, Providing For Additional Expenditures And Moving Funds Between Projects
ARNDT moved to adopt Ordinance No. FY 2019-01C.
This ordinance details changes and accounts for additional funding requests that have occurred
during the current fiscal year for items or circumstances that were not known or expected during
the initial creation of the fiscal year 2019 budget.
Funds:
Funds are accounts established to collect money that must be used for a specific purpose. The
following funds are being changed with this budget amendment.
• Fund 277 - Tourism and Development (decrease budgeted revenues by $30,000 -
budgeted revenues moved to new fund).
• Fund 278 - Commercial Passenger Vessel (Increase budgeted revenues by $42,783
and increase budgeted Contingencies by $42,783; $30,000 from Fund 277 and $12,753
of additional funds received in excess of budget).
• Fund 100 - 125 Finance/MIS (transfer $200,000 to Capital Project fund for the upgrade
of the Borough's CAMA (Computer Assisted and Mass Appraisal)/Collection software).
• Fund 250 - Fire Protection Area #1 (transfer $40,000 to Capital Project fund for the
Diesel Exhaust Venting System project).
• Fund 250 - Fire Protection Area #1 (transfer $25,000 to Capital Project fund for the
Paving project).
• Fund 250 - Fire Protection Area #1 (transfer $60,000 to Capital Project fund for the
Exterior Facility Improvement project).
• Fund 252 - Womens Bay Fire Department (transfer $25,000 to Capital Project Fund for
the Kitchen Remodel project).
• Fund 530 - Solid Waste Collection & Disposal (transfer $28,000 to Capital Project Fund
for the Leachate Aeration project).
Projects:
Since most projects cover multiple years, the borough does not create annual budgets for them.
Instead, each project budget is created individually when the project itself is created.
Throughout the life of a project, funds may be moved into or out of the project due to additions
and subtractions to changes to the scope work, expenses that come in over/under original
estimates, or funds that remain at the completion of the project. The projects being amended
by this budget amendment are:
• CAMA/Collection Software Upgrade (receiving $200,000 from General Fund 100-125
Finance/MIS department).
• Diesel Exhaust Venting System (receiving $40,000 from Fund 250 - Fire Protection Area
#1).
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• Paving (receiving $25,000 from Fund 250 - Fire Protection Area #1).
• Exterior Facility Improvements (receiving $60,000 from Fund 250 - Fire Protection Area
#1).
• Kitchen Remodel (receiving $25,000 from Fund 252 - Womens Bay Fire Department).
• Leachate Aeration (receiving $28,000 from Fund 530 - Solid Waste Collection &
Disposal).
KAVANAUGH moved to amend Ordinance No. FY 2019-01C line 60 by changing $60,000 to
$25,000 and line 63 from $25,000 to $60,000 to reflect the changes on lines 30 and 33.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Kavanaugh, Smiley,
Symmons, Turner, and Arndt.
Mayor Rohrer opened the public hearing.
Seeing and hearing none, Mayor Rohrer closed the public hearing.
ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY:
Smiley, Symmons, Turner, Arndt, and Kavanaugh.
Clerk's Note: This ordinance was reconsidered towards the end of the meeting, right
after Ordinances for Introduction.
3. Ordinance No. FY2019-19 Amending Title 3 Revenue And Finance, Chapter 3.30
Contract, Purchase, Sale, And Transfer Procedure, Section 3.30.100 Change Order -
Manager Authority.
ARDNT moved to adopt Ordinance No. FY2019-19.
This ordinance would change the current limitation for change orders under the manager's
authority from $200,000 to $50,000. Change orders above this amount would require approval
of the Mayor and one Assembly Member with the most construction experience designated by
the Mayor.
KAVANAUGH moved to amend lines 21,44, and 55 to increase from $50,000 to $100,000.
ROLL CALL VOTE ON MOTION TO AMEND FAILED THREE TO TWO: Turner, Kavanaugh, and
Smiley (AYES); Symmons and Arndt (NOES).
Mayor Rohrer opened the public hearing. Seeing and hearing none, Mayor Rohrer closed the
public hearing.
ROLL CALL VOTE ON THE MAIN MOTION CARRIED FOUR TO ONE: Arndt, Kavanaugh,
Smiley, and Symmons (AYES); Turner (NO).
BOROUGH MANAGER'S REPORT
• Met with vendors and staff regarding the Solid Waste Request for Proposals
• Met with staff to discuss various aspects of the budget.
• Attended the "Stop the Bleed" training.
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• Met with Providence staff regarding improvements at the hospital.
• Met with property owners regarding property line disputes.
• Met with Alaska Department of Transportation regarding dumpsters at Bayside Fire
Department.
• Received several calls concerning bears.
• Gave an update regarding the hiring of the new Assessor.
• Upcoming settlement conference with Al Timber.
MESSAGES FROM THE BOROUGH MAYOR
• Announced the upcoming Community and Hazmat Clean Up Day.
• Toured the Borough Assembly Chambers with 2"d grade students from North Star
Elementary.
• Announced the arrival of firetruck "Miss Linda" that was donated by Anchorage Police
Department to the Bayside Fire Department.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
1. Contract No. FY2019-23 Bayside Fire Department Diesel Exhaust Removal System.
KAVANAUGH moved to authorize the Manager to execute Contract No. FY2019-23 with
Rossman Enterprises Inc. dba Clean Air Concepts for the Bayside Fire Department Diesel
Exhaust Removal System project in an Amount Not to Exceed $115,000.
Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract
exceeding $25,000 requires Assembly approval.
This contract is for construction of the Bayside Fire Department Diesel Exhaust Removal
System project. The scope of work includes installing a system to remove diesel exhaust gases
from both garages at Bayside Fire Department. This system will connect to the tailpipe of each
vehicle to collect exhaust when the vehicle is started. When the vehicle pulls out of the garage
the tailpipe connection will automatically disengage. This will eliminate diesel exhaust from
lingering within the garages, benefiting the health and welfare of Bayside personnel.
This work is scheduled to be completed by the end of June 2019. Design was completed by
Jernstron Engineers and approved by the Architectural/Engineering Review Board.
An invitation to bid was issued on February 8, 2019, and bids were due and opened on March
19, 2019. Three bids were received. After reviewing bids, Staff has determined that Rossman
Enterprises, Inc, dba Clean Air Concepts is the lowest responsive bidder. A copy of the bid
tabulation is attached.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Kavanaugh, Smiley,
Symmons, and Turner.
2. Contract No. FY2019-24 Lake Orbin Inlet Creek Fish Passage Project.
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ARDNT moved to authorize the Manager to execute Contract No. FY2019-24 with Golden
Alaska.
Excavating LLC for the Lake Orbin Inlet Creek Fish Passage project in an Amount Not to
Exceed $72,998.
Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract
exceeding $25,000 requires Assembly approval.
This base bid scope of work for this project is to remove an existing steel culvert at an unnamed
inlet creek to Lake Orbin, and install a new culvert to aid fish passage, including excavation,
backfill, dewatering, installation of electrical & communication conduits, revegetation, and
overall restoration of the site. An alternate bid is included for removal of a nearby debris dam,
installation of roughened channel stone, and site restoration. Staff is recommending award of
both the base bid and alternate.
This work is scheduled to be completed by the end of September 2019. Design was completed
by Inertfluve Inc. and approved by the Architectural/Engineering Review Board.
An invitation to bid was issued on March 12, 2019, and bids were due and opened on April 9,
2019. Four bids were received. After reviewing bids, Staff has determined that Golden Alaska
Excavating LLC is the lowest responsive bidder. A copy of the bid tabulation is attached.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Smiley, Symmons,
Turner, and Arndt
3. Contract No. FY2019-25 Solid Waste Collection Services for Fiscal Years 2021-2027.
Assembly member Arndt declared a conflict of interest as he is related to other proposers of the
Contract. Mayor Rohrer ruled that Assembly member Arndt is not conflicted. Mayor Rohrer
declared a conflict of interest and excused himself from participating in the discussion and passed
on the gavel to Assembly member Symmons.
KAVANAUGH moved to authorize the Manager to execute Contract No. FY2019-25 with Waste
Connections of Alaska, Inc. dba Alaska Waste for Solid Waste Collection Services for Fiscal
Years 2021-2027.
The Borough currently has a contract with Waste Connections of Alaska, Inc. for collection and
transportation of municipal solid waste. That contact is currently scheduled to expire on June 30,
2020. In October 2018, KIB issued a Request for Proposals (RFP) seeking a "qualified contractor
to provide solid waste collection and recycling services after the expiration of the Borough's
existing collection contract." The proposed contract term is from July 1, 2020 through June 30,
2027, with the option to extend up to three additional years.
Proposals were due on February 22, 2019, and three proposals were received from Denali
Disposal, Emerald Sanitation, and Waste Connections of Alaska (Alaska Waste). All three
proposals were deemed responsive and advanced to the evaluation process. In accordance with
the terms of the RFP, the proposals were independently evaluated by a team of three KIB
employees and one representative from Jacobs Engineering. Proposals were evaluated based
on criteria included in the RFP and noted below:
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• Cost for Services 35%
• Qualifications and References 15%
• Safety 5%
• Technical 25%
• Litigation, Regulations & Liability 5%
• Contract Exceptions 15%
After a thorough evaluation and ranking process, the evaluation team unanimously ranked Alaska
Waste as providing the most beneficial proposal for the Kodiak Island Borough. Per the terms of
the RFP and Kodiak Island Borough Code 3.30.110, the proposals and tabulations are open to
public inspection only after contract award.
On April 10, 2019, KIB notified the other two proposers that they were not the highest ranking
respondents, and of KIB's intent to enter into negotiations with Alaska Waste. KIB met with
representatives from Alaska Waste on several occasions during the weeks of April S and April 15
to negotiate various contract terms and have agreed on the contract attached to this agenda
statement.
It should be noted that while it was a component of the RFP and is referenced in the proposed
contract, it is not KIB's intent to implement the recycling component at this time, with the exception
for cardboard recycling dumpsters currently in place. Staff has contacted Threshold Recycling
Services and they have requested a renewal of their contract to provide recycling services through
June 30, 2020. As long as Threshold is in operation there does not appear to be any need to
include recycling services in this contract at this time. However, the contract provisions will remain
in the event recycling services are required in the future.
Assuming the Assembly approves this contract on May 2, 2019, staff will then issue a Notice of
Intent to Award to Alaska Waste. The other two respondents will receive notification and be
allowed until June 3, 2019 to submit a protest. If no protests are received the contract is scheduled
to be executed no later than June 21, 2019. Inspection only after the contract award.
KAVANAUGH moved to convene into executive session to discuss the Solid Waste Collection
Agreement, as it is a matter which by KIBC 3.30.110 requires to be confidential - all proposals
and tabulations of RFPS shall be open to public.
ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED
UNANIMOUSLY: Smiley, Symmons, Turner, Arndt, and Kavanaugh.
KAVANAUGH moved to invite the Assembly, Borough Attorney (via teleconference), E&F
Assistant Director Dave Conrad, Projects Manager Matt Gandel, Borough Manager, and Borough
Clerk's Staff into executive session.
ROLL CALL VOTE ON MOTION TO INVITE CARRIED UNANIMOUSLY: Symmons, Turner,
Arndt, Kavanaugh.
After the vote, Assembly member Symmons recessed the regular meeting and convened the
executive session.
Upon returning from the executive session, Assembly member Symmons reconvened the regular
meeting and announced that no action was taken a result of the executive session.
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ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Turner, Arndt,
Kavanaugh, Smiley, and Symmons.
Resolutions
None.
Ordinances for Introduction
1. Ordinance No. FY2020-01 Kodiak Island Borough Fiscal Year 2020 Budget And
Appropriations From All Funds.
ARNDT moved to advance Ordinance No. FY2020-01 to public hearing at the next regular
meeting of the Assembly.
This agenda item and description serves as the official transmission of the Manager's Budget to
the Assembly pursuant to Kodiak Island Borough Code (KIBC) 3.15.030. The proposed budget
for this year considers the various policy directives of Title 3 of the KIBC and the input received
from the Assembly, the Kodiak Island Borough School District, public meetings and public input.
The Assembly will consider Ordinance No. FY2020-01 at its meeting on May 2, 2019 and is set
for public hearing on May 16, 2019.
The FY2020 Borough budget, as offered for introduction, is a balanced budget. This means that
proposed expenditures do not exceed anticipated revenues and planned use of fund balance.
Implementation of the budget will require adoption of Ordinance No. FY2020-01 for all Borough
appropriations.
As required by AS 29.45.240 and KIBC 3.35.010, a separate resolution for the levy of taxes will
be considered at the Assembly's May 16, 2019 meeting.
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ARNDT moved to amend the amendment by changing Kodiak College Funds from $40,000 to
$50,000 and Renewal and Replacement Funds from $221,175 to $211,175.
ROLL CALL VOTE TO AMEND THE AMENDMENT CARRIED UNANIMOUSLY: Arndt,
Kavanaugh, Smiley, Symmons, and Turner
ROLL CALL VOTE ON THE AMENDMENT AS AMENDED CARRIED FOUR TO ONE: Smiley,
Symmons, Turner, Arndt (AYES); Kavanaugh (NO).
ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Smiley,
Symmons, Turner, Arndt, and Kavanaugh.
Mayor Rohrer announced that an Ordinance that was previously adopted can be reconsidered.
ARDNT moved to reconsider Ordinance No. FY2019-01 C.
ROLL CALL VOTE TO RECONSIDER CARRIED UNANIMOUSLY: Symmons, Turner, Arndt,
Kavanaugh, and Smiley.
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ARDNT moved to amend Ordinance No. FY2019-01C by transferring $25,200 from Community
Development Department to Junk Car Removal Capital Project account.
ROLL CALL VOTE TO AMEND CARRIED FOUR TO ONE: Arndt, Kavanaugh, Smiley, Symmons
(AYES); Turner (NO).
ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED FOUR TO ONE: Arndt,
Kavanaugh, Smiley, Symmons (AYES); Turner (NO).
Other Items
None.
CITIZENS' COMMENTS
The following spoke under citizens' comments:
• Judy Carstens
• Larry Ledoux
• Dora Cross
ASSEMBLY MEMBERS' COMMENTS
Assembly member Turner thanked Assembly member Arndt for amending the budget. Spoke
about funding the college.
Assembly member Kavanaugh was co -hosting for a fish tax.
Assembly member Smiley spoke about a lack of trust from citizens toward government. We need
to help citizens understand that without government, it's lawlessness.
Assembly member Symmons spoke about budgeting.
Assembly member Arndt thanked the Assembly for moving things forward.
Announcements
None.
ADJOURNMENT
ARDNT moved to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
The meeting was adjourned at 10:30 p.m
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Daniel A. Rohrer, Mayor
Approved on: May 16, 2019
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