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12/05/2019 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting December 5, 2019 A regular meeting of the Kodiak Island Borough Assembly was held on December 5, 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 Roberts led the Pledge of Allegiance. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Andy Schroeder, Rebecca Skinner, Duane Dvorak, and Dennis Symmons. Also present were Borough Manager Michael Powers, Borough Clerk Tara Welinsky and Assistant Clerk Lina Cruz. SCHROEDER moved to excuse Assembly members Kavanaugh and Turner who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA SCHROEDER moved to approve the agenda and the consent agenda VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes Of November 7, 2019 were approved under consent agenda. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) The following spoke under citizen's comments: • Charles Barber AWARDS AND,PRESENTATIONS None. COMMITTEE REPORTS Assembly Member Skinner reported that South West Alaska Municipal Conference (SWAMC) has appointed a new director at its November 17-18, 2019 annual retreat. Assembly Member Dvorak reported on his attendance at the Solid Waste Advisory Board (SWAB) meeting of November 25, 2019 where dumpster concerns, the release of the new bear proof roll carts, baler operations, and wastewater activities were discussed. PUBLIC HEARING 1. State Of Alaska Alcohol And Marijuana Control Office Liquor License Location Transfer Application (EI Chicano Inc.). Kodiak Island Borough Assembly Regular Meeting Minutes December 5, 2019 Page 1 of 8 DVORAK moved to voice non -protest to the State of Alaska liquor license transfer of location application for EI Chicano Inc. License Number 3299. On October 22, 2019, the Kodiak Island Borough Clerk's Office received notification regarding the attached liquor license transfer of location application for EI Chicano Inc. dba: EI Chicano Mexican Restaurant. The application requests approval to change the current physical location from 103 Center Ave., to 402 Marine Way, Suite 100. The Clerk's Office followed KIB Code 5.01.030 New license and transfer process and processed the attached application. To summarize, the Clerk's Office checked with the different borough departments including the building official, Fire Marshal and landowners with 1,500 feet of the new location to determine if there was an interest which could be protested with the approval of the said license. The following feedback was returned as a result of the investigation: • Manager's Office - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. • Assessing Department - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. • Building Official - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. • Community Development Department - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. • Engineering and Facilities Department - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. • Finance Department - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. • Fire Marshal - Has no interest which can be protected by protesting the issuance of a transfer of location liquor license application. • The City of Kodiak Police Department reported 2-3 reports of trouble at this place of business in the past 12 months. • The City of Kodiak has submitted their approval of the application. • Community member, Nancy Sweeney returned her notice of public hearing with positive support in approving this application Notice of public hearing was advertised in the Daily Mirror on November 22, 2019 and November 29, 2019. 174 public hearing notices were sent out on November 20, 2019. There were two letters of support from Nancy Sweeney and Bob Brodi. Mayor Roberts closed the regular meeting and opened the public hearing. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) The following spoke under citizen's comments: • None. Mayor Roberts closed the public hearing and convened the regular meeting. Kodiak Island Borough Assembly Regular Meeting Minutes December 5, 2019 Page 2 of 8 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Schroeder, Skinner, and Symmons. BOROUGH MANAGER'S REPORT • Met with Major Mark Davis of the Salvation Army and received overview of their mission as well as a tour of the facilities, including the new food bank operation. • Attended a meeting at the School District regarding the unexpected revenue the School District has received and discussed options for its use. Conducted follow up both before and after the Joint Work Session. • Followed up on a complaint about trees near Shahafka Circle. Authorized removal of two leaning trees. • Worked with staff on 2021 budget issues, accounts payable schedule and other Finance Department issues including the calling of numerous bonds (losing the higher rate callable bonds). • Met with Engineering and Facilities staff on a variety of issues including pumps at Kodiak Fisheries Research Center (KFRC), building issues for the Borough Offices, Boiler/shop building, KFRC, Hospital and schools. • Met with IBEW to conduct union negotiations and related follow up. • Met with the Community Development Director regarding staffing, 2021 budget, the work plan and various duties and responsibilities. MESSAGES FROM THE BOROUGH MAYOR • Reported on his attendance at the mayors summit on opioid abuse. • Attended rocket launch master planning. • Discussed Cook Inlet Regional Citizens Advisory Council letter regarding the election of a new member by February 2, 2020. UNFINISHED BUSINESS A. Reorganization of the Kodiak Island Borough Assembly 1. Election of the Deputy Presiding Officer. ARNDT moved to postpone the election of Deputy Presiding Officer to the next Assembly regular meeting of December 19, 2019. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Schroeder, Skinner, Symmons, and Arndt. NEW BUSINESS Contracts 1. Contract No. FY2020-09 Baler Building Fuel Tank Procurement. ARNDT moved to authorize the manager to execute Contract No. FY2020-09 Baler Building Fuel Tank Procurement. This contract is for procurement of a new fuel tank for the Baler Building. The existing underground storage tank was removed after a leak was discovered in August 2018, and a temporary tank is currently in place. The proposed new tank is a 4,000 -gallon dual Kodiak Island Borough Assembly Regular Meeting Minutes December 5, 2019 Page 3 of 8 compartment tank, with one side for building heating fuel and the other equipped with a dispensing station to fuel landfill vehicles and equipment. The contract includes fabrication of the tank and shipping to Kodiak. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Arndt, and Dvorak 2. Contract No. FY2020-08 Agreement for Lobbying Services with Hickey & Associates. ARNDT moved to authorize the manager to execute Contract No. FY2020-08 Agreement for Lobbying Services with Hickey & Associates. This contract renews the contract for state lobbying services with Hickey & Associates for a period of three years, January 1, 2020 through December 31, 2023 at rate of $45,000 per year. ROLL CALL VOTE ON MOTION CARRIED: Skinner, Symmons, Arndt, Dvorak, and Schroeder. 3. Change Order No. 4 Amending Contract FY2018-28 Architectural and Engineering Services Term Contract for the Providence Kodiak Island Medical Center Structural Analysis and Project List Development. DVORAK moved to authorize the manager to execute Change Order No. 4 Amending Contract FY2018-28 Architectural and Engineering Services Term Contract for the Providence Kodiak Island Medical Center Structural Analysis and Project List Development. This is a change order to the Borough's term contract with Jensen Yorba Wall (JYW) to include a structural analysis of the older portions of the Providence Kodiak Island Medical Center and development of a list for future renewal and replacement projects. This is the next step in defining a plan for future projects at the hospital. The first step was a Condition Assessment completed in August 2019. The Condition Assessment included a Deficiency List with a ranking of projects based on life safety and urgency of potential repairs. Many of the higher priority projects are located in the single story 1968 and 1978 wing of the facility. The work included in this change order will provide information to help decide if it makes more sense to do smaller projects over a longer period of time to update the older portion of the hospital, or a larger expansion or replacement over a shorter period of time. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Arndt, Dvorak, Schroeder. and Skinner. 4. Contract No. FY2020-13 Sole Source Agreement for Replacement of Sprinkler Piping at KFRC Tower. DVORAK moved to authorize the Borough Manager to execute Contract No. FY2020-13 with Taylor Fire Protection Services LLC in an amount not to exceed $53,097. Kodiak Island Borough Assembly Regular Meeting Minutes December 5, 2019 Page 4 of 8 Staff is requesting approval of this sole source contract since time is of the essence and Taylor Fire Protection Services LLC is the current provider for maintenance of the sprinkler system at this facility. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Schroeder, Skinner, and Symmons. Resolutions 1. Resolution No. FY2020-02A; Fee Schedule Amendment - Animal Impoundment Fees. SKINNER moved to adopt Resolution No. FY2020-02A; Fee Schedule Amendment - Animal Impoundment Fees. The amendment reflects the addition of the impound fees and the deletion of the boarding and adoption fees. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Arndt, and Dvorak. 2. Resolution FY2020-16 Adopting An Alternative Allocation Method For The FY20 Shared Fisheries Business Tax Program And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In FMA 13: Kodiak Area. DVORAK moved to adopt Resolution FY2020-16 Adopting An Alternative Allocation Method For The FY20 Shared Fisheries Business Tax Program And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In FMA 13: Kodiak Area. This resolution will allow the Kodiak Island Borough to submit its application for the FY2020 Shared Fisheries Business Tax Program using an alternative method. The resolution indicating approval of the application is a required portion of the application. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Arndt, Dvorak, and Schroeder. A. Ordinances For Introduction 1. Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property and Vessel Delinquent Tax Accounts. ARNDT moved to advance Ordinance No. FY2020-11 Write-off of Noncollectable Personal Property and Vessel Delinquent Tax Accounts. The KIB Staff is seeking approval to write-off $48,523.37 in delinquent taxes: 24 vessels, 7 personal, 2 mobile homes and 1 lease tax account. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Arndt, Dvorak, Schroeder. and Skinner. Kodiak Island Borough Assembly Regular Meeting Minutes December 5, 2019 Page 5 of 8 2. Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.10.120 Facilities Fund. ARNDT moved to advance Ordinance No. FY2020-13 Amending Title 3 Revenue and Finance Chapter 3.10.120 Facilities Fund. The objective of this ordinance is to change the 3.10.120 Facilities Fund to read "up to 100 percent of excess may be" from "up to 50 percent". ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Schroeder, Skinner, and Symmons. 3. Ordinance FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.030 Permissible Investments And Chapter 3.10.120 Facilities Fund. ARNDT moved to advance Ordinance No. FY2020-15 Amending Title 3 Revenue And Finance Chapter 3.10.030 Permissible Investments And Chapter 3.10.120 Facilities Fund. This ordinance presents code changes necessary to utilize the Facilities Fund. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Schroeder, Skinner, Symmons, and Arndt. B. Other Items 1. Releasing The Memo Regarding The Process For Loans Or Grants From The Facilities Fund From The Borough Attorney. SKINNER moved to authorize the release of the memo regarding the process for loans or grants from the facilities fund from the Borough Attorney. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Arndt, and Dvorak. 2. 2020 Kodiak Island Borough Annual Calendar. ARNDT moved to approve 2020 Kodiak Island Borough Annual Calendar. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Arndt, Dvorak, and Schroeder. 3. Declaring A Seat On The Parks And Recreation Committee Vacant (Mr. Shane Thompson). ARNDT moved to declare a seat on the Parks And Recreation Committee vacant, this seat is currently held by Mr. Shane Thompson and direct the Borough Clerk to advertise the vacancy per Borough Code 2.100.070 Vacancies. Mr. Thompson's seat is being vacated due to lack of attendance. Kodiak Island Borough Assembly Regular Meeting Minutes December 5, 2019 Page 6 of 8 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Arndt, Dvorak, Schroeder, and Skinner. 4. Declaring A Seat On The Womens Bay Service Area Board Vacant (Mr. George Lee). DVORAK moved to declare a seat on the Women's Bay Service Area Board vacant, this seat is currently held by Mr. George Lee and direct the Borough Clerk to advertise the vacancy per Borough Code 2.100.070 Vacancies. Mr. George Lee's seat is being vacated due to lack of attendance. ROLL CALL VOTE CARRIED UNANIMOUSLY: Arndt, Dvorak, Schroeder, Skinner, and Symmons. CITIZENS' COMMENTS The following spoke under citizens' comments: • Jeff Stewart ASSEMBLY MEMBERS' COMMENTS • Assembly Member Symmons spoke about those who serve the community by being on the different boards, committees, and commissions. • Assembly Member Skinner had no comment. • Assembly Member Schroeder spoke about the abandoned vehicles. • Assembly Member Dvorak had no comment. • Assembly Member Arndt spoke about the need to clean up the Borough roads prior tc addressing the state roads. Announcements There will be a Joint Work Session with the City of Kodiak on Wednesday December 11, 2019, at 7:30 p.m. in the Library Multipurpose Room. The next Assembly work session is scheduled for Thursday, December 12, 2019, at 6:30 p.m. in the School District Conference Room The next regular meeting of the Assembly is scheduled on Thursday, December 19, 2019, at 6:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION A. Matters Involving Negotiations With the IBEW. SKINNER moved to convene into executive session under the authority of KIBC 2.30.030(F)(1 )(d) 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 FAILED THREE TO TWO: Dvorak, Schroeder, Skinner (Ayes); Arndt and Symmons (Noes). ADJOURNMENT Kodiak Island Borough Assembly Regular Meeting Minutes December 5, 2019 Page 7 of 8 ARNDT moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. This meeting was adjourned at 8:04 p.m. ATTEST: ,�Td1 fx//, "x� a Welinsky, Borough I�o Kodiak Island Borough December 5, 2019 KODIAK I:�-• V — - Approved on: Assembly Regular Meeting Minutes Page 8 of 8