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04/15/2021 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting April 15,2021 A regular meeting of the Kodiak Island Borough Assembly was held on April 15, 2021, in the Bayside Volunteer Fire Department - 4606 East Rezanof Drive. 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, Duane Dvorak, Julie Kavanaugh, Geoffrey Smith, Dennis Symmons, and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Alise Rice, and Assistant Clerk Mitchell Davidson. KAVANAUGH moved to excuse assembly member Williams for personal reasons. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. *APPROVAL OF MINUTES A. Special Meeting of January 14, 2021 Regular Meeting of January 21, 2021 Regular Meeting of February 04, 2021 Regular Meeting of March 4, 2021 Regular Meeting of March 18, 2021 Regular Meeting of April 1, 2021 CITIZENS' COMMENTS The following spoke under citizens comments: • Paul VanDyke • Dora Cross AWARDS AND PRESENTATIONS • None. COMMITTEE REPORTS Kodiak Island Borough Assembly Regular Meeting Minutes April 15, 2021 Page 1 of 10 • Assembly member Dvorak reported on the School Board and Kodiak College Advisory Council. • Assembly member Kavanaugh reported on the Consolidation Committee and stated there would be another meeting of the committee on May 3, 2021. PUBLIC HEARING • None. BOROUGH MANAGER'S REPORT • Met with the Mayor and Providence about building updates and projects. • Updates regarding Stimulus -III money — look for updates in the future. • The Kodiak EOC remains in GREEN. The committee continues to relax covid guidelines. • Covid-19 vaccines are more readily available to Kodiak citizens who want them. MESSAGES FROM THE BOROUGH MAYOR • Shared on the status of Covid response in Kodiak. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS A. Ordinance No. FY2021-31 Amending Kodiak Island Borough Code, Chapter 4.110, Service Area No. 2, Eliminating The Service Area Board. DVORAK moved to postpone indefinitely Ordinance No. FY2021-31. Postponed from the regular meeting on March 4, 2021, no motion to advance was placed on the floor. A review of the code has revealed that the Service Area Board for Service Area No. 2, under KIBC 4.110, does not actively operate because the water and sewer services in this area of the Borough are provide by the City of Kodiak. All water, sewer, and infrastructure in Service Area No. 2 was transferred to the City of Kodiak. There is not a need for Service Area No. 2 to actively have a board or operate as an active Service Area so long as the City of Kodiak continues to provide water and sewer services to Service Area No. 2 residents. However, Service Area No. 2 may be needed in the future in the event the City of Kodiak were to cease providing the services dissolving Service Area No. 2 would require a public vote and could leave the area without authority to provide services in the future if needed. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Smith, Symmons, and Turner. CONSIDERATION OF CALENDAR - NEW BUSINESS Kodiak Island Borough April 15, 2021 Assembly Regular Meeting Minutes Page 2 of 10 CONTRACTS A. Change Order No. 13 Amending Contract No. FY2019-10 Architectural And Engineering Services Term Contract For Design For The Kodiak Fisheries Research Center Exterior Upgrade Project. ARNDT moved to authorize the Borough Manager to execute Change Order No.13 in an amount not to exceed $75,058. This is a change order to the Borough's current term contract with Jensen Yorba Wall (JYW) to include design and construction administration services for the Kodiak Fisheries Research Center (KFRC) Exterior Upgrade project. The proposed scope of work for this project includes replacement of the siding, roofing, and associated items at KFRC. In October 2019 the Assembly approved a change order for JYW to complete 65% design for this project. That work was completed in September 2020. Reviewed and approved by the Architectural/Engineering Review Board in December 2020. An updated cost estimate for construction was also completed based on the 65% design documents and is included as an attachment to this agenda statement. This change order includes completing 00% bid documents, providing assistance during the bid process, and construction administration to review submittals, respond to contractor questions, and complete four site visits during construction. The goal is to complete design this summer and put the project out for bid in fall 2021 with construction to occur in summer 2022. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Smith, Symmons, Turner, and Arndt. B. Change Order No. 14 Amending Contract No. FY2019-10 Architectural And Engineering Services Term Contract For Design For The Peterson Elementary Roof Replacement Project. ARNDT moved to authorize the Borough Manager to execute Change Order No.14 in an amount not to exceed $17,300. This is a change order to the Borough's current term contract with Jensen Yorba Wall (JYW) to include preliminary design services for the Peterson Elementary Roof Replacement project. The existing roof at Peterson Elementary School has had leaking issues and has been at the top of the Kodiak Island Borough School District's Capital Improvement Project (CIP) list for several years. This change order is to complete preliminary design for a complete roof replacement. Completing this preliminary design work would help KIBSD to score higher on the Alaska Department of Education and Early Development's CIP scoring. Providing a greater chance of receiving some State reimbursement for construction, as well as getting closer to a "shovel ready" project in case Kodiak Island Borough Assembly Regular Meeting Minutes April 15, 2021 Page 3 of 10 there is infrastructure money available from the federal government. The goal is to complete this design work this summer. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Kavanaugh, Smith, Symmons, Turner, Arndt, and Dvorak. C. Contract No. FY2021-18 Long Term Care Center Fuel Piping Replacement. KAVANAUGH moved to authorize the Borough Manager to execute Contract No. FY2021-18. This contract is for replacement of the fuel piping at the Long Term Care Center (Chiniak Bay Elder House). Design was completed by RSA Engineers and approved by the Architectural/Engineering Review Board. The scope of work for this project is removing fuel and propane piping that is currently slightly above grade and installing new overhead piping. The current placement of the piping makes it easy to damage and also difficult to monitor for leaks. A leak in the piping occurred in 2019 and a large amount of fuel entered the storm drain system. The portion of pipe with the leak has been replaced but this is a long term fix to avoid future issues. An invitation to bid was issued on March 2, 2021, bids were due on March 23, 2021 and opened the same day. Three (3) bids were received, and the apparent low bidder is Premier Mechanical LLC. This work is scheduled to be complete by June 15, 2021. ARNDT move to amend the motion to insert "to Premier Mechanical LLC in the amount not to exceed $42, 875.48" . ROLL CALL VOTE ON AMENDMENT TO ADD "TO PREMIER MECHANICAL LLC IN THE AMOUNT NOT TO EXCEED $42,875.48" CARRIED FIVE TO ONE: Symmons, Turner, Arndt, Dvorak, and Kavanaugh (AYES); Smith (NO). ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED FIVE TO ONE: Symmons, Turner, Arndt, Dvorak, and Kavanaugh (AYES); Smith (NO). D. Contract No. FY2021-19 Providence Kodiak Island Medical Center Retaining Wall Renovation. KAVANAUGH moved to authorize the Borough Manager to execute Contract No. FY2021-19. This contract is for renovation of the existing concrete retaining wall that runs behind Providence Kodiak Island Medical Center. The retaining wall has been showing signs of deterioration for many years, and the in several places the concrete has deteriorated to the point where rebar is exposed. The scope of work for this project includes overlaying the existing wall with concrete and constructing a new valley gutter along the top of the wall to direct storm water off the wall. Kodiak Island Borough Assembly Regular Meeting Minutes April 15, 2021 Page 4 of 10 An invitation to bid was issued on March 9, 2021 and bids were due and opened on April 6, 2021. Two bids were received, and the apparent low bidder was Jay -Brant General Contractors LLC. The bid tabulation is attached. This work is scheduled to be complete by September 30, 2021. ARNDT moved to amend the motion to include "TO JAY-BRANT GENERAL CONTRACTORS LLC. TO NOT EXCEED $2,335,3751) . ROLL CALL VOTE ON THE AMENDMENT "TO INCLUDE `TO JAY-BRANT GENERAL CONTRACTORS LLC. TO NOT EXCEED $2,335,375"'. CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Smith, Symmons, and Turner. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED FOUR TO TWO: Dvorak, Kavanaugh, Smith, and Symmons (AYES); Turner and Arndt (NOES). RESOLUTIONS • None. ORDINANCES FOR INTRODUCTION A. Ordinance No. FY2021-33 Abolishing Service Area No. 2 And Repealing Kodiak Island Borough Code, Chapter 4.110, Service Area No. 2, And Placing The Issue Before The Voters In The Service Area For Ratification. DVORAK moved to advance Ordinance No. FY2021-33 to public hearing at the regular meeting of the assembly on May 20, 2021 and direct borough staff to send out public notice to all affected property owners. A recent review of KIB 4.110.010 shows that there is a Service District No. 2 that is intended to serve the Monashka Area from Abercrombie to the VFW as follows: 4.110.010 Creation and powers. A. There is established a service area within the borough designated "service area No. 2" as shown on the corresponding map in the office of the clerk. B. Service area No. 2 shall provide water and sewer services within its boundaries. C. The service area No. 2 board shall consist of five members appointed by the assembly. Clearly the "shall" in Section B. above is not being implemented as there is neither water or sewer services being provided within the service district boundaries. In addition, the "shall" in Section C. above is also not being implemented as there has not been a board consisting of "five members appointed by the assembly" since time immemorial. Viewing this service area board as unnecessary, due to the long period of inactivity and general lack of interest on the part of the service area residents, a draft ordinance was drafted to amend the code by deleting KIBC 4.110 and thereby terminating the service area board for Service Area No. 2. The draft ordinance was sent to the Borough Attorney for review and the determination was made that the assembly cannot simply terminate Service District No. 2 without bringing the matter to an Kodiak Island Borough Assembly Regular Meeting Minutes April 15, 2021 Page 5 of 10 election for ratification by the residents of the established service area. This is the same manner in which service areas are typically established and so the draft ordinance was re -drafted for introduction as a proposed ballot measure. It is recommended that the assembly introduce this ordinance for public hearing and provide a minimum delay of at least a month in order for the potentially affected residents to consider the matter and make their comments known to the assembly. In this regard, it would be advisable to send a mail out notice to the residents of the service area and bring their attention specifically to this matter. That is if the assembly wants to know how the affected residents really feel about the issue before moving the issue forward to the next election ballot. What residents, and the assembly, need to determine; 1) Is there interest among a majority of the affected residents to serve on a service area board and actively pursue the planning, engineering, construction and provision of water and sewer services; 2) Are residents willing to pay, through a service area tax increment to pay for service area board support, studies, grant applications and other activities intended to lead to the ability to obtain water and sewer services for the served area. It should be noted that the realities surrounding water and sewer service provision have changed drastically since the Service Area No. 2 board was created. Some things like there being a wastewater treatment plant at the Landfill/Baler facility that it capable of being scaled up to serve the local community opens up certain opportunities as opposed to relying on the City of Kodiak for water and sewer services exclusively. On the other hand, the City of Kodiak has signaled on a number of occasions that it is not interested in extending the municipal system beyond it's existing footprint unless new areas to be served are annexed to the city. So there are a number of considerations here that people need to think about and it appears that the question of whether to continue or terminate Service Area No. 2 rests primarily with the residents of the service area and by listening to their thoughts the assembly will be persuaded whether this service area board is still needed to be continued or not. ROLL CALL VOTE ON THE MOTION TIED THREE TO THREE: Dvorak, Kavanaugh, and Smith (AYES); Symmons, Turner, and Arndt (NOES); Mayor Roberts broke the tie and voted in favor of the motion. B. Ordinance No. FY2021-34 Amending KIB Code Chapter 2.10.030 Compensation For Regulatory And Quasi -Judicial Boards And Commissions. And Adjusting Planning And Zoning Commission Member Compensation To Correlate To Meetings Attended. KAVANAUGH moved to advance Ordinance No. FY2021-34 to public hearing at the next regular meeting of the Assembly on May 6th, 2021. Title 2, Chapter 2.10.030(A) states members of regulatory and quasi-judicial boards and '-i commissions receive payments for meetings attended, but makes exception for Planning and Zoning Kodiak Island Borough Assembly Regular Meeting Minutes April 15, 2021 Page 6 of 10 Commission members. The exception states that they will receive $200 per month, without the clarification of meetings attended. The last time this code section was reviewed and update was in 2008. P&Z averaged 4.25 cases /business items per month in the 12 month period prior to the adoption of the amended ordinance. In the past 12 months, the P&Z meetings have averaged 0.83 cases / business items per month. Six (6) meetings were cancelled. Of those six (6) meetings; three (3) cancelled due to COVID-19, three (3) due to a lack of cases or quorum. In the last quarter two (2) of the three (3) meetings were cancelled the P&Z members still received payment for those meetings. Taking into consideration the meeting statistics and the current fiscal state of the borough and multiple statements from assembly members to cut costs wherever possible, staff is recommending an amendment of KI BC 2.10.030. ROLL CALL VOTE ON THE MOTION FAILED TWO TO FOUR: Kavanaugh and Smith (AYES); Symmons, Turner, Arndt, and Dvorak (NOES). C. Ordinance No. FY2021-35 writing Off The Personal, Lease And Mobile Horne Property Delinquent Taxes, Penalties, Interest And Fees Of Those Non - Collectable Tax Accounts. ARNDT moved to advance Ordinance No. FY2021-35 to public hearing at the next regular meeting of the assembly on May 6, 2021. It is the desire of staff to have the Kodiak Island Borough's accounts current and properly reflect the financial status of the Borough in accordance with generally accepted accounting principles. The Kodiak Island Borough code does not identify a specific method of writing off delinquent accounts determined uncollectible. As part of the routine practice to bring the accounts current in compliance with generally accepted accounting principles includes classifying and writing off as uncollectible those accounts determined uncollectible. Staff has complied ten (10) personal, one (1) mobile home, and three (3) lease properties which have been determined as uncollectible for various reasons. All resources to collect and locate valid addresses to the delinquent tax accounts have been exhausted. $12,325.74 -Base Tax Total $ 5,672.02 -Penalties and Interest Total $ 1,201.76 -Miscellaneous Fees Total The total requested to be written off is $19,199.52 Kodiak Island Borough Assembly Regular Meeting Minutes April 15, 2021 Page 7 of 10 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Symmons, Turner, Arndt, Dvorak, and Kavanaugh. OTHER ITEMS A. Confirmation Of Board Appointments To The Planning and Zoning Commission, Ms. Seema Garoutte and Ms. Lisa Waldron. DVORAK moved to confirm the following mayoral appointments of: o Ms. Seema Garoutte for a Borough Seat, a term to expire December 2022 o Ms. Lisa Waldron for a Borough Seat, a term to expire December 2023 Ms. Garoutte On March 12, 2021, the Clerk's office received an application from Ms. Garoutte for the Planning and Zoning Commission which currently has one vacant seat for a term to expire on December 2022. Ms. Garoutte is currently the Borough Assessor and has been a borough resident for 2 years. The future of Kodiak is an important investment to Ms. Garoutte. She believes it is important to be more involved and understand how zoning codes affects properties. Ms. Waldron On March 2, 2021, the Clerk's office received an application from Ms. Waldron for the Planning and Zoning Commission which currently has one vacant seat for a term to expire on December 2023. Ms. Waldron is a is a business owner with legal and accounting experience. She has been a resident of the Borough for 30 years and previously lived in the City of Larsen Bay. She is interested in the future vision of Kodiak. ROLL CALL VOTE ON THE MOTION FAILED ONE TO FIVE: Turner (AYE); Symmons, Arndt, Dvorak, Kavanaugh, and Smith (NOES). B. Confirmation Of Mr. Lee Robbins And Mr. Jascha Zbitnoff To Alternate Board Seats To The Citizens Board Of Equalization. KAVANAUGH moved to confirm the following assembly appointments of Mr. Lee Robbins, for a term to expire December 2022 and Mr. Jascha Zbitnoff, for a term to expire December 2023. Mr. Robbins On April 8, 2021, the Clerk's office received an application for the Board of Equalization alternate seat. A 39 year resident of Kodiak, Lee has been a charter boat captain and a lifelong builder. Mr. Zbitnoff On April 14, 2021, the Clerk's office received an application for the Board of Equalization alternate seat. Mr. Zbitnoff has over 20 years construction experience. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Dvorak, Kavanaugh, Smith, and Symmons. Kodiak Island Borough Assembly Regular Meeting Minutes April 15, 2021 Page 8 of 10 DVORAK moved to extend the meeting to 11:00 PM. ROLL CALL VOTE ON THE MOTION TO EXTEND TIED THREE TO THREE: Dvorak, Kavanaugh, and Smith (AYES); Arndt, Symmons, and Turner (NOES); Mayor Roberts broke the tie and voted in favor of the motion. CITIZENS' COMMENTS The following spoke under citizens comments: • Paul VanDyke ASSEMBLY MEMBER' COMMENTS • Assembly Member Arndt had no comment. • Assembly Member Dvorak commented on the Parks and Recreation Board, the value of a comprehensive plan, the climate letter the assembly sent to the President Biden administration, and the importance of apportionment. • Assembly Member Symmons commented on the discussion between the assembly. • Assembly Member Kavanaugh commented on the climate letter the assembly sent to the Biden administration. She also shared she would be gone from Kodiak starting April 24 and expressed her hope that the school district would submit their budget soon. She then commented on the Board of Fish confirmation hearings. • Assembly Member Turner commented on the Board of Fish confirmation hearings. He also expressed appreciation for Kodiak Is fire protection services. • Assembly Member Smith had no comment. EXECUTIVE SESSION A. Discussion Of The Borough Manager, Michael Powers, Evaluation. KAVANAUGH moved to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(c) to discuss Borough Manager, Michael Powers, evaluation, a matter which might include a discussion that could potentially prejudice the reputation and character of the individual. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Smith, Symmons, Turner, and Arndt. KAVANAUGH moved to invite the Mayor and Assembly into executive session. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Kavanaugh, Smith, Symmons, Turner, Arndt, Dvorak. Kodiak Island Borough Assembly Regular Meeting Minutes April 15, 2021 Page 9 of 10 The Mayor recessed the regular meeting at 8:12 p.m. At 8:22 p.m. Mayor Roberts convened the executive session. Upon returning from executive session, Mayor Roberts reconvened the regular meeting at 10:15 p.m. and announced there was no action to be taken. ADJOURNMENT ARNDT moved to adjourn the meeting. VOICE VOTE ON ADJOURNMENT CARRIED UNANIMOUSLY. The meeting was adjourned at 10:16 p.m. KODIAK ISLAN O A William koberts,Mfyor is� L. Rice, Borough Clerk Approved on: May 20, 2021 C: Kodiak Island Borough Assembly Regular Meeting Minutes April 15, 2021 Page 10 of 10