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02/16/2023 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting February 16, 2023 A regular meeting of the Kodiak Island Borough Assembly was held on February 16, 2023, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Interim Borough Manager David Conrad, Deputy Clerk Lina Cruz, and Assistant Clerk Irene Arellano. INVOCATION The invocation was given by Sargent Major David Blacketer of the Salvation Army. PLEDGE OF ALLEGIANCE Mayor Williams led the Pledge of Allegiance. STATEMENT OF LAND ACKNOWLEDGEMENT Mayor Williams announced that 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 Aimee Williams, Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Geoffrey Smith, Scott Smiley, and James Turner. APPROVAL OF AGENDA AND CONSENT AGENDA SMILEY moved to approve the agenda and the consent agenda. SMILEY moved to amend the agenda by removing Agenda Item 14.D.1 Confirmation Of Assembly Appointment To The Womens Bay Service Area Board (Mr. Matthew Haig). ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Smiley, Smith, and Turner. VOICE VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 'APPROVAL OF MINUTES (Approved under consent agenda) A. Special Meetings Minutes Of January 26, 2023, January 31, 2023, and February 1, 2023; and Regular Meeting Minutes of February 2, 2023. 7. CITIZENS' COMMENTS The following spoke under citizen's comments: • Janiese Stevens • David Blacketer • Justin Thran Kodiak Island Borough Assembly Regular Meeting Minutes February 16, 2023 Page 1 of 11 the said Onsite Consumption Endorsement. The following feedback were returned as a result of the investigation (see attachments to this packet). Assessing Department - non -protest Borough Manager's Office - non -protest Building Official - protest for building code reasons* Community Development Department - non -protest Engineering and Facilities Department - non -protest Finance Department - non -protest Fire Marshal - non -protest* *The Building Official, when it comes to Commercial buildings, is directed to enforce the provisions and regulations of the current International Building Code. *The Kodiak Fire Marshall noted if the airstream trailer is going to be used as a permanent structure, it will have to meet Building and Fire Code requirements. Notices of public hearing were advertised on February 8 and February 15, 2023. Thirty-five (35) public hearing notices were sent out on January 26, 2023. Under KIBC 5.02.005 the Borough is the local regulatory authority for review of license applications in areas of the Borough outside of cities. The Borough is authorized to provide comments on applications within a City. Because this application is within the City of Kodiak the Borough may provide comments. Based upon the responses from agencies notified, it is recommended that the Borough provide comments concurring with the position of the City of Kodiak regarding compliance with applicable building and fire codes and expressing a non -protest so long as applicable building and fire codes are followed. Mayor Williams closed the regular meeting and opened the public hearing. Hearing and seeing none, Mayor Williams closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Smiley, Smith, Turner, and Arndt. B. Ordinance FY2023-14 Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 35 Real Property Tax, Section 3.35.050 Board Of Equalization To Correct Phrasing Pertaining To Docket Numbers SMILEY moved to adopt Ordinance No. FY2023-14. There is some confusion between the Assessor's Office, the Clerk's Office, the Board of Equalization (BOE) members and the public about the numbering for appeals. KIBC 3.35.050E 3 states: 3. Appeal Number. Kodiak Island Borough Assembly Regular Meeting Minutes February 16, 2023 Page 3 of 11 • Major Maintenance Funding for Facilities • Disposition of Mental Health Buildings — Bid received • Solid Waste Collection Contract Modifications • Service Area Contracts • Annual Contracts • Additional Methods to Reward Employees in Personnel Manual • Vehicle Replacement • Funding opportunities for road repairs and improvements. 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS Approval Of Change Order No. 2 For Contract No. FY2022-09 With CH2M Hill Engineering/Jacobs For Additional Services During Construction For The Leachate Pretreatment Facility Project SMILEY moved to authorize the Manager to approve Change Order No. 2 - for Contract No. FY2022-09 with CH2M Hill Engineering/Jacobs for Additional Services During Construction for the Leachate Pretreatment Facility Project. The project for the construction of the Leachate Pretreatment Facility is currently in the early stages. The building supplier Varco Pruden suggested a change in orientation to the frame of the building to the project contractor, Dawson Construction. After considering the changes Dawson Construction asked Jacobs to revise and provide new drawings for approval. The changes were approved with Change Order #3, which provided a reduction in construction costs (-$20,798.40) for Contract FY2022-29 with Dawson Construction. The costs for redesigning and providing new drawings ($9,998.40) were covered by funds allocated for the services during construction under the current contract FY2022-09 with Jacobs (CH2M Hill Engineering). With the additional funds being taken out of the contract we needed to add more to ensure that we can cover the costs for the remaining tasks. Change Order 01 was for an additional $25,000.00 that allowed for Jacobs to continue to provide services during construction of this project which included: special inspections of foundation rebar, review of submittals, participation at work planning meetings, additional support for foundation redesign housekeeping pad/floor drain, process skid geometry modifications, coordination for utilities and drain connection, ongoing submittal reviews, Land other support as requested by the Kodiak Island Borough. Kodiak Island Borough Assembly Regular Meeting Minutes February 16, 2023 Page 7 of 11 r published on January 9, 2023, and advertised for three (3) consecutive weeks. The bid opening was held on January 30, 2023. Anchorage Chrysler Center was the only vendor to submit a bid. After review, the bid has proven to be complete, and the vehicles proposed will be an effective replacement for the Borough's current vehicles. Price per vehicle: $37,720.00 Price for all four (4): $138,880.00There are two options for shipping: • The first option is to ask the dealership to ship all four vehicles over for $3,491.73 per vehicle for a total of $13,966.92. • The second option would be to fly four employees over to Anchorage to pick up the vehicles and drive them down to the ferry for an estimated total of $6,782.40 for all four vehicles (cost of travel, per diem, and estimated employee pay). Anchorage Chrysler Center also has studded tires available for purchase at $890.00 per vehicle including mount, balance, and install, for a total of $3,560.00. Which would be able to be picked up in Anchorage by the employees who picked up the vehicles. Including the additional purchase of studded tires and employee travel costs we would still save $3,624.52 if the Borough chose to fly four employees up and bring the vehicles over on the ferry. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Delgado, Griffin, Smiley, and Smith. 4. Contract No. FY2023-40 Premier Mechanical for the Providence Long Term Care Day Tank Replacement SMILEY moved to Authorize the Manager to execute Contract No. FY2023-40 with Premier Mechanical for the replacement of the PKIMC LTC Day Tank in the amount of $28,388.11. Providence Long Term Care Facility (LTC) fuel tank experienced a broken fuel line in March of 2020. A project to replace all the exterior fuel lines was completed in September of 2021. Due to the reconfiguration of the replaced piping, it was discovered that the LTC day tank pumps, which feeds the fuel to the boilers, could not handle the volume of fuel that was now being efficiently pumped from the exterior storage tank into the interior day tank. This job will increase the size of the pumps and modernize the fuel delivery system to the boilers at LTC. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Smiley, Smith, and Turner. L14.6. RESOLUTIONS Kodiak Island Borough February 16, 2023 Assembly Regular Meeting Minutes Page 9 of 11 SMILEY moved to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(0 to discuss confidential attorney communications regarding the Borough's legal obligations relating to selection of a Borough Manager and legal obligations to applicants. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Smiley, Smith, Turner, Arndt, and Delgado. SMILEY moved to invite the Mayor, Assembly, Clerk's Office Staff, and Attorney into executive session. The Assembly received confidential written advice from the Borough Attorney regarding the Borough's legal obligations in the selection process, obligations to applicants, and potential Borough liability which may arise relating to those obligations. Receipt of this advice in executive session is necessary to preserve the attorney client privilege. After reviewing the advice, the Assembly may elect to schedule a subsequent meeting to discuss how to proceed with either pending applications or the Borough Manager selection process in general. No decisions regarding applicants or process can be made in this executive session, and any decisions will require a subsequent meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Williams recessed the regular meeting and convened the executive session at 7:31 p.m. Upon returning from the executive session, Mayor Williams reconvened the regular meeting at 7:36 p.m. and announced that no action was taken as a result of the executive session. 18. ADJOURNMENT Mayor Williams adjourned the meeting at 7:52 p.m. KODIAK ISLAND BOROUGH /�v-� v-AIA Aimee Williams, Borough Mayor Kodiak Island Borough February 16, 2023 ATTEST: 1UU�)r` C � Nova M. Javier, Borough qerk Assembly Regular Meeting Minutes Page 11 of 11