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08/04/2022 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting August 4, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on August 4, 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 Borough Assessor, Seema Garoutte. 2. PLEDGE OF ALLEGIANCE Mayor Roberts 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 William Roberts, Assembly members Scott Arndt, Joseph Delgado, Geoffrey Smith, Scott Smiley, and James Turner. Delgado moved to excuse Assembly member Griffin who is absent due to personal leave, and Assembly Member Williams who is absent due to work matters. ROLL CALL VOTE ON MOTION FAILED THREE TO TWO: Delgado, Smiley, and Smith (AYES); Arndt and Turner (NOES). 5. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT 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 July 21, 2022 7. CITIZENS' COMMENTS The following spoke under citizen's comments. • Dr. Cyndy Mika, Superintendent of Schools. 8. AWARDS AND PRESENTATIONS — None. Kodiak Island Borough Assembly Regular Meeting Minutes August 4, 2022 Page 1 of 9 9. COMMITTEE REPORTS — None. 10. PUBLIC HEARING — None. 11. BOROUGH MANAGER'S REPORT Interim Borough Manager Dave Conrad reported on the following: General Comment — Staff if continuing to look at funding opportunities that are coming out almost daily. Recommendations will be made if specific opportunities seem to fit the needs of the borough residents and commercial enterprises. PKIMC — He and Mayor Roberts participated in a stakeholder interview with Providence regarding a healthcare needs assessment as well as questions pertaining to the variety or social and economic components that make up the Kodiak community. This interview was to provide a perspective from the Borough perspective regarding community needs or suggested improvements. PKIMC / KCHC — He is requesting consideration and discussion to be advanced regarding the future needs of the Borough Health Care Facility and requirements for the future of the Kodiak residents for health care. The two original facility components from the 60's and 70's are structurally deficient and were not intended for the purposes they are used for today. As the community was fortunate enough to recover funds lost associated with the pandemic, discussion and planning should be paramount regarding the lessons learned form the pandemic and associated hardships. KIBSD — He is Planning to attend the August 10th meeting to discuss the actions underway and required to pursue corrective actions associated with the discussions on Peterson Elementary School. Future meetings are anticipated to discuss a variety of other mutually beneficial topics including the development of the Capitol Improvement Project (CIP) list. Workforce Housing Summit — A follow up meeting is scheduled for August 9, 2022, with Providence and the Kodiak Economic Development Corporation to discuss housing needs in the community. Anticipate a joint presentation request of the upcoming joint work session in September. Employee Compensation Study — Proposals and discussion is scheduled to be held at the August 4, 2022, Regular Meeting. The commitee will make a recommendation based on the proposals received, will meet and make a recommendation to the assembly for consideration. Assessing — KANA case — Working on disclosure depositions. KIB Attorney will be in town the week of August 8th in Kodiak. Community Development - Staff are working on permits and applications. CDD Director Mike Scarcelli continues to familiarize himself with Kodiak and the history of the Community Development Department with the residents of Kodiak. Kodiak Island Borough Assembly Regular Meeting Minutes August 4, 2022 Page 2 of 9 A request has been made to identify departmental issues associated with workflow and staffing. An application for a Hazard Mitigation Grant (HMP) and an Advanced Assistance Application has been submitted to the Department of Homeland Security and Emergency Management (DHSEM) for approximately $100,000 to fund a hydrological study associated with Sargent Creek and Russian River in the Bells Flats area. The Advanced Assistance Application process was recommended by DHSEM staff after several discussions with the CD staff. This process will place the request and consideration at a higher level of consideration for funding due to environmental and safety factors associated with this geographical area. Finance — Finance Director Dora Cross is on leave currently scheduled to be back at work on August 10, 2022. Staff is working to gather information for the upcoming reporting required for the ARPA funds received to date. Staff is currently preparing the FY2023 Budget Book for the Government Finance Officers Association (GFOA) Staff has begun the investigation related to bonds that could possibly be paid off early. This will take several days of research over several weeks. Engineering and Facilities — KRFC — Staff is working with the Government Services Administration (GSA) and NOAA to jointly perform carpet replacement at the KFRC Facility. USFWS — Discussions regarding the cooperative submission for a NOAA funding opportunity currently open. A meeting is set for Friday, August 5th to discuss the application for funding associated with anadromous streams for habitat restoration and preservation. Bulldozer Procurement — E/F is pursuing arrangements for the transportation of the existing dozer to Anchorage for the rebuild. Service Area Contracts — The sample contract was discussed at the July 14 Work Session. No definitive direction was given. Attended the Womens Bay Service Area meeting on August 2nd for discussions. No real input was received. Per direction of the Assembly, staff and the Borough Attorney are working on lease documents and a Request for Proposal associate with the 717 East Rezanof property. Work on the Main Elementary roof is continuing. Powell Street repaving project is affecting access to the work site. Work is weather contingent. The anticipated completion date is prior to the scheduled start of school. Main Elementary School Drop Off Lane — This work will begin tomorrow if approved by Lthe assembly at tonight's meeting. Kodiak Island Borough Assembly Regular Meeting Minutes August 4, 2022 Page 3 of 9 Landfill — Work is continuing at the site. Change Order #3 will be discussed and voted on this evening. This change will produce more cover rock and D1 for future landfill use. 0 In addition, the front property area will be stripped, and a chain link fence will be drilled into the rock and utilize materials left over from the High School job. Electric fence will be added to the chain link. Staff is completing the ADEC State Revolving Loan Questionnaire for the August 31st deadline. This questionnaire will be reviewed by the ADEC and a determination for eligibility for additional loan monies will be decided based on the current jobs that are ongoing. Staff is researching a grant opportunity for Hunter Access Grant funding associated with possible bridge replacement at the KIB property in Chiniak. This funding would aim to design and possible replace the temporary "logging bridge" currently in that location. List of Pending Items for Discussion Bayside Fire Apparatus Procurement 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 Additional Methods to Reward Employees in Personnel Manual Vehicle Replacement 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts reported he met with Providence stakeholders regarding the make up of our community and needs assessment regarding future expenditures by the hospital and other entities. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS Contract No. FY2023-08 For Main Elementary Drive-Thru Drop Off Lane Repaving and Storm Drain Repairs Arndt moved to authorize the Manager to execute Contract No. FY2023-08 for the East Elementary School Patch paving and Main Elementary Drive-Thru Lane repaving with Brechan Construction in an amount not to exceed $69,940.00. Kodiak Island Borough Assembly Regular Meeting Minutes August 4, 2022 Page 4 of 9 L The City of Kodiak has awarded a contract to Brechan Construction to repave Powel Avenue. As the good weather months slip away from us, the Engineering and Facility Department (E&F) proposes to mill, repair existing storm drains and repave the drop off lane while Brechan Construction is working on the City's project. The existing drive through is a conglomerate of multiple paving patches installed over many years. The storm drains have deteriorated While the work on Powel Avenue is happening, E&F staff would like to take advantage of the opportunity to contract Brechan Construction to repave the Main Elementary Drive-Thru Lane. The opportunity to share mobilization during the larger paving project will save considerable funds. The project will improve the drainage in an area that has flooded due to poor drainage, especially in freezing conditions. This will help to reduce the winter safety hazards. As Brechan Construction will have equipment on location and are paving Powel Avenue, it provides an opportunity to seamlessly pave the drive-thru lane at the same time. A sum of $5800.00 has been reduced from the original price as the mobilization costs are being born on the larger job. Brechan Construction LLC price quotes: Main Elementary Drive-Thru Lane Repave: $69,940. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Delgado, Smiley, Smith, Turner, and Arndt. 2. Contract No. FY2022-30 Change Order No.3 With Brechan Construction LLC For The Landfill Stage 3 Closure Project In An Amount Not To Exceed $806,115.73 Arndt moved to authorize the Manager to execute Change Order No. 3 to Contract No. FY2022-30 with Brechan Construction in an amount not to exceed $806,115.73. Kodiak Island Borough Code 3.30.100 Change Orders - Manager Authority states that change orders greater than five percent of an approved contract or $50,000, whichever is lower, require Assembly approval. Additional Rock On February 17, 2022, the Assembly approved a contract with Brechan Construction LLC for the Landfill Stage 3 Cover project. Part of the contract included blasting and processing of rock to use as future cover for landfill operations. The contract included a unit price of $23.50 per cubic yard for 30,000 cubic yards of processed rock. One May 5, 2022 the Assembly approved Change Order #1 which allowed for more rock to be processed. After this meeting staff met Brechan on site to inspect the layout of the blasting area. It was found that if design was altered, additional rock could be generated. Following discussions, with Brechan and project engineer Jacobs Engineering, there is the opportunity to substantially increase the amount of processed rock remaining at completion of the project, requiring a change order to the project. Based on new survey information of rock in place, it is estimated that there is approximately 108,500 cubic yards of rock available. Of, that Brechan will need Kodiak Island Borough August 4, 2022 Assembly Regular Meeting Minutes Page 5 of 9 approximately 17,500 cubic yards to complete the cover portion of the project. The contract included 30,000 cubic yards of shot rock at a unit price of $23.50 per cubic yard. Change Order No. 1 added an additional 28,500 cubic yards. Making changes to the blasting limits means that an additional 32,500 cubic yards may be available. This part of change order #3 is for the additional rock at the unit cost (32,500 x $23.50) totaling $763,750.00. Installation of Landfill Fencinsa With increasing the blasting area, the current landfill fence (chain link and electric) will need to be temporarily moved. There will be an added cost to reinstall the landfill fence along the State Right of Way above the quarry site. After overburden is removed during blasting project, holes will be drilled, and concrete used to secure the chain link fence posts into the rock. The reinforced fence will no longer allow the bears to dig under in that area and enter the Iandfill.90% of the fence materials are to be reused from the High School project that were saved by the E/F Staff for future use. This part of change order is for the reinstallation of landfill fencing above the quarry site totaling $42,365.73. Additional Rock $763,750.00 Installation of Landfill $42,365.73 Fencing TOTAL $806,115.73 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Arndt, and Delgado. 14.B. RESOLUTIONS 1. Resolution No. FY2023-09 Redirecting Previously Authorized American Rescue Plan Act (ARPA) Funds For The Benefit Of The Residents Of The Borough Arndt moved to adopt Resolution No. FY2023-09. The Kodiak Island Borough has been deemed eligible by the US Department of the Treasury for American Rescue Plan Act funds in the amount of $2,524,709 which will be paid the Borough in two tranches. The assembly expended the first tranche of money, $1,262,354.50, with Resolution FY2022-16. However, after updated guidance issued by the US Treasury Department, the assembly desires to redirect $300,000 of those funds from the Hospital Memorandum of Understanding to the General Fund. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smith, Turner, Arndt, Delgado, and Smiley. 14.C. ORDINANCES FOR INTRODUCTION 14.D. OTHER ITEMS Declaring The Seat Held By Mr. Tyler Anderson On The Architectural/Engineering Review Board Vacant Kodiak Island Borough Assembly Regular Meeting Minutes August 4, 2022 Page 6 of 9 H H Arndt moved to declare the seat held by Mr. Tyler Anderson on the Architectural/Engineering Review Board vacant and direct the Borough Clerk to advertise the vacation per Borough Code. Mr. Tyler Anderson has moved out of Kodiak. This vacancy will leave four active members on a seven -member board. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Delgado, Smiley, and Smith. 2. Confirmation Of Mayoral Appointment To The Planning and Zoning Commission, Ms. Laura Lynette Griffin Arndt moved to confirm the mayoral appointment of Ms. Laura Griffin to the Planning and Zoning Commission for a term to expire October 2024. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Smiley, Smith, and Turner. 3. Authorizing The Borough Mayor To Sign A Letter Of Support Regarding A Health And Services Administration (HSRA), Service Area Competition Funding Application For The Kodiak Area Native Association Arndt moved to authorize the Mayor to sign a letter of support regarding KANA's HRSA Service Area Competition Funding Application. Mayor Roberts received the attached email requesting a letter of support for a grant support from Nichole Pruitt, KANA's Grants Director on July 29, 2022. KANA is preparing an application in response to HRSA's Service Area Competition notice of funding opportunity. With these funds, KANA will propose to continue operations of our Community Health Centers in the City of Kodiak as well as the outlying village communities. As a Patient Centered Medical Home, KANA provides a wide range of services including medical, dental, mental health and substance use disorder treatment; all of which are available to all residents in the Koniag region. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Delgado, Smiley, Smith, Turner, and Arndt. 15. CITIZENS' COMMENTS The following spoke under citizen's comments. • Seema Garoutte • Richard Speck 16. ASSEMBLY MEMBERS' COMMENTS Kodiak Island Borough Assembly Regular Meeting Minutes August 4, 2022 Page 7 of 9 • Assembly Member Smith had no comment. • Assembly Member Arndt encouraged the CDD director to appoint Seema Garoutte as an ex officio on the Planning and Zoning Commission. r l • Assembly Member Smiley had no comment. U • Assembly Member Delgado reminded rural communities to get their CIP turned into the Assembly and get out and vote. • Assembly Member Turner wished Dave Conrad a happy birthday and encouraged people to apply for candidacy. 17. EXECUTIVE SESSION Discuss Borough Manager Applicants Under The Authority Of KIBC 2.30.030(F)(1)(C) For The Purpose Of Discussing Matters Which May Tend To Prejudice The Reputation Or Character Of A Person, Who Has Been Notified Of The Potential Executive Session. Arndt moved to convene into executive session to discuss Borough manager applicants under the authority of KIBC 2.30.030 (F)(1)(C) for the purpose of discussing matters which may tend to prejudice the reputation or character of a person, who has been notified of the potential executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Arndt, and Delgado. Arndt moved to invite the Mayor, Assembly, and Meagan Christiansen into executive session. VOICE VOTE ON MOTION CARRIED Mayor Roberts recessed the regular meeting and convened into executive session at 7:05 p.m. At 8:15 p.m. Mayor Roberts reconvened the regular meeting and announced no action was taken as a result of the executive session. the Assembly will reconvene in a special meeting on August 25, 2022, to continue discussion on the manager hire. 2. Selection Of A Proposer For The Kodiak Island Borough Employee Compensation Study Arndt moved to convene into executive session to discuss the proposers for the Kodiak Island Borough Compensation Study which is a subject that qualifies for executive session 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 inspection only after the contract award. The Assembly directed Manager Murphy to issue a Request for Proposals (RFP) for a contractor to produce an Employee Compensation Study. The RFP was advertised, and four proposals were received. Staff reviewed the proposals and narrowed the choices to two. Because Manager Murphy is no longer available O Kodiak Island Borough Assembly Regular Meeting Minutes August 4, 2022 Page 8 of 9 r L to participate in the recommendation of a proposer, staff is requesting that the Assembly review the two final proposals and select a proposer for the contract to conduct an employee compensation study. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Delgado, Smiley, Smith, Turner, and Arndt. Arndt moved to invite the Mayor, Assembly, and Meagan Christiansen into executive session. VOICE VOTE ON MOTION CARRIED. At 8:54 p.m. Mayor Roberts reconvened the regular meeting. Smiley moved to engage Gallagher and Company for the amount of $41, 000 for compensation study of Kodiak Island Borough. ROLL CALL VOTE ON MOTION FAILED THREE TO TWO: Smiley, Smith, and Delgado (AYES); Turner and Arndt (NOES). 17. ADJOURNMENT ARNDT moved to adjourn the meeting at 8:56 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: William Roberts, orough Mayor Nova �UM.VVJavier, Borough Jerk Kodiak Island Borough August 4, 2022 Assembly Regular Meeting Minutes Page 9 of 9