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2013-06-20 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting June 20, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, June 20, 2013, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Borough Manager Bud Cassidy, Engineering and Facilities Director Woody Koning, Borough Assessor Bill Roberts, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. AUSTERMAN moved to excuse Assembly members Griffin and Kaplan who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA AUSTERMAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of May 16, 2013, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented a plaque of recognition to Major John Quinn of the Salvation Army. CITIZENS' COMMENTS Mike Sirofchuck and Bill Murdock spoke to the road issues on Cliffside and Parkside Drives within Service Area No. 1 (SA1). SA1 Board members Dennis Symmons (Vice Chair), Scott Arndt (Chairperson), Greg Spalinger, Kevin Arndt, and SA1 resident Kate Ballenger spoke in opposition of the firm awarded Contract No. FY2013-34. Ken Reinke, Threshold Recycling Services Executive Director, spoke to a drive-thru recycling services program beginning July 1. COMMITTEE REPORTS Scott Arndt, SA1 Board Chairperson, spoke to the road projects along Cliffside and Parkside Drives and noted that a public hearing was currently scheduled for the month of July. Kodiak Island Borough Assembly Minutes June 20, 2013 Page 1224 Assembly member Stutes reported on a Southwest Alaska Municipal Conference meeting held on June 20, where the status of the Tustemena ferry was discussed. PUBLIC HEARING 1. Ordinance No. FY2013-17 Rezone a 3.92 Acre Portion of Tract 6, US Survey 5509 Port Lions Subdivision from RR2-Rural Residential Two to PL-Public Use Land (P&Z Case13- 023, City of Port Lions). LYNCH moved to adopt Ordinance No. FY2013-17. The City of Port Lions planned to develop a Sewage Sludge Lagoon adjacent to the existing landfill site. The Alaska Native Tribal Health Consortium provided the design and construction of the facility on City owned land. This would improve the health, safety, and general welfare of the community while moving the community into compliance with Alaska Department of Environmental Conservation regulations. The Planning and Zoning Commission held a public hearing on May 15, 2013, on the request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. 140 public hearing notices were mailed on June 7; one response was received and provided to the Assembly. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Lynch, Stephens, and Stutes. 2. Ordinance No. FY2013-18 Rezone to Allow for the Proposed Expansion of the Old Harbor Airport from R1-Single-Family Residential to LI-Light Industrial (P&Z Case 13-026, City of Old Harbor). AUSTERMAN moved to adopt Ordinance No. FY2013-18. The City of Old Harbor and the Old Harbor Native Corporation planned to expand the Old Harbor Airport to increase the safety and capability of this essential transportation infrastructure. In particular, the project would require substantial relocation of material on the site and drainage improvements. This would require a new survey at the conclusion of the project to account for the material relocations and overall increase in area coverage. When the existing Old Harbor Airport was constructed the project was granted a zoning exception by the Planning and Zoning Commission. That procedure was no longer in the code for various reasons; however, all existing exception uses were considered to be non-conforming uses, meaning that they could continue to be used and maintained, but not expanded. This rezone was consistent with the comprehensive plan designation and also would bring the Old Harbor Airport zoning into compliance with KIBC Title 17 Zoning. The Commission held a public hearing on April 17, 2013, on the request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. 48 public hearing notices were mailed on June 7 and no responses were received. Kodiak Island Borough Assembly Minutes June 20. 2013 Pane 172S Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Lynch, Stephens, Stutes, and Austerman. BOROUGH MANAGER'S REPORT Manager Cassidy reported that he would be out of town June 24 through July 12; Assessor Bill Roberts would be the Administrative Official during that time. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on his attendance at the North Pacific Fishery Management Council (NPFMC) meetings in Juneau the week of June 7. He announced that Payment in Lieu of Taxes payments had been released by the Department of Interior. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2013-33 North Star Elementary School Canopy Repairs Project. STUTES moved to authorize the Manager to execute Contract No. FY2013-33 with Wolverine Supply, Inc. of Wasilla, Alaska for the North Star Elementary School Canopy project in an amount not to exceed $77,000. The contract was for the North Star Elementary School Canopy Remodel project as provided in the construction documents prepared by Jensen Yorba Lott, Inc and was issued for bids. The construction documents, bid documents, and associated addenda were provided for review. The existing steel bus shelter canopies in front of the North Star Elementary School were in very bad condition and needed to be recoated. The contract work included removal of existing coatings, preparation of the steel frame, the application of new coatings, sheet metal flashings, and other elements to match existing conditions. An Invitation to Bid was issued on May 2, 2013, and bids were opened on May 23, 2013. One bid was received from Wolverine Supply of Wasilla, Alaska, Staff reviewed the bid documentation and determined that the bid qualified Wolverine Supply as the lowest responsible/responsive bidder. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, and Bonney. Kodiak Island Borough Assembly Minutes June 20, 2013 Page 1226 2. Contract No. FY2013-34 Road Maintenance and Repairs, Snow Removal and Sanding for Service Area No. 1. BONNEY moved to authorize the Manager to execute Contract No. FY2013-34 with B&R Fish, Inc. of Kodiak, Alaska for Road Service Maintenance and Repairs, and Snow Removal and Sanding for Service Area No. 1 for time and materials based on the bid schedule for the period of July 1, 2013 to June 30, 2015. The Kodiak Island Borough Engineering/Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Service Area No.1 (SA1). Sealed bids were received and opened on May 17, 2013. Four bids were received from Golden Alaska, Brechan Enterprises, B&R Fish, and AIM Maintenance. The bids were submitted with price quotes for individual pieces of equipment to be used on the projects provided. A bid schedule was provided for review. In accordance with the code, Borough staff recommended rejection of the lowest bidder, AIM Maintenance, based on the lack of road construction experience per KIBC 3.30.080 resulting in B&R Fish as the lowest responsible bidder. The bids were provided to the SA1 Board, along with staffs recommendation for review and recommendation. At the time, the SA1 Board recommended AIM Maintenance for all the service area work. The staffs recommendation was to award the contract to B&R Fish. A letter from the Board was provided for the Assembly's consideration. STEPHENS moved to amend Contract No. FY2013-34 to award the contract to AIM Maintenance as the lowest bidder. ROLL CALL VOTE ON MOTION TO AMEND FAILED THREE TO TWO: Stephens, Stutes, and Lynch (Ayes); Austerman and Bonney (Noes). AUSTERMAN moved to postpone Contract No. FY2013-34 to the next regular Assembly meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO ONE: Austerman, Bonney, Lynch, and Stephens (Ayes); Stutes (No). Resolutions 1. Resolution No. FY2013-33 Appointing the Kodiak Island Borough Attorney. AUSTERMAN moved to adopt Resolution No. FY2013-33. The resolution was in compliance with KIBC 2.65.020 which stated "the assembly shall appoint the attorney by resolution". The current contract with Wohlforth, Johnson, Brecht, Cartledge & Brooking law firm expired June 30, 2013, with the renewal options for up to three additional one- year extensions at the Borough Assembly's option. The Borough issued a Request for Proposals and interviewed Wohlforth, Brecht, Cartledge, & Brooking law firm and Levesque Law Group, LLC on June 13, 2013. Kodiak Island Borough Assembly Minutes .liana 7n1 Dona 1007 Between the two firms interviewed, Levesque Law Group, LLC was selected by the Assembly to become the legal counsel and to be recognized as the Borough Attorney. The resolution also authorized the manager to execute a contract with the approved respondent. STEPHENS moved to amend Resolution No. FY2013-33 by inserting Levesque Law Group, LLC on lines 20, 26, and 30 of the resolution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO ONE: Austerman, Bonney, Stephens, and Stutes (Ayes); Lynch (No). ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Bonney, Lynch, Stephens, Stutes, and Austerman. 2. Resolution No. FY2014-02 Reestablishing the Fees for the Kodiak Island Borough. LYNCH moved to adopt Resolution No. FY2014-02. A substituted version of Resolution No. FY2014-02 was provided. KIBC 3.10.190 ordained that all Kodiak Island Borough fees be reviewed on an annual basis. The last fee resolution was updated December 2012. The proposed fee changes were more in-line with the budgetary needs for the 2014 fiscal year. A corrected version of the fee schedule was provided. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Lynch, Stephens, Stutes, and Austerman. 3. Resolution No. FY2014-03 Participation in the AML/JIA Loss Control Incentive Program. This item was approved under the consent agenda. The resolution would authorize continued Borough participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. The Borough had participated in the Loss Control program since 2006. Participation in the incentive program required the resolution as well as monthly safety committee meetings, bi-annual facilities self- inspections, and employee safety training. It was required that a resolution be adopted annually in order to be eligible for the discount of $20,000 on the Borough's contribution. Ordinances for Introduction 1. Ordinance No. FY2014-02 Rezoning Lot 21 Seaview Subdivision From B-Business Zoning District To I-Industrial Zoning District (P&Z Case No. 13-020). BONNEY moved to adopt Ordinance No. FY2014-02 in first reading to advance to public hearing at the next regular meeting of the Assembly. This property was rezoned from Industrial to Business in December 2004. Anticipated development opportunities with the Business zoning designation did not prove fruitful. The property owner now wished to return to the status quo and pursue development allowable under the Industrial designation. The adopted plan guidance and surrounding neighborhood, indicated that the I-Industrial Zoning District was the most appropriate zoning district for developmental purposes. Kodiak Island Borough Assembly Minutes June 20, 2013 Page 1228 • The Planning and Zoning Commission held a public hearing on March 20, 2013, on this request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, and Bonney. Other Items 1. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission (Jennifer Richcreek). STUTES moved to confirm the Mayoral appointment of Ms. Jennifer Richcreek to the Planning and Zoning Commission Borough seat for a term to expire December 2014. There was currently one vacant Borough seat on the Planning and Zoning Commission. On June 10, the Clerk's Office received an application from Ms. Jennifer Richcreek for the Borough vacant seat term to expire December 2014. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Austerman, Bonney, and Lynch. 2. Confirmation of the Borough Deputy Clerk. AUSTERMAN moved to confirm the Borough Clerk's appointment of Ms. Jessica Kilborn for Borough Deputy Clerk. KIB Code 2.50.030 Deputy Clerk - Appointment. There is established the position of deputy clerk in the legislative service. The Clerk is authorized to appoint the deputy clerk who shall be confirmed by the Assembly. The position of the deputy clerk would be officially vacated on July 12. The position was advertised in-house and Ms. Jessica Kilborn was selected to fill the vacancy. Clerk Javier recommended that the Assembly confirm the appointment of Ms. Kilborn with the start date of July 15, 2013. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Bonney, Lynch, and Stephens. CITIZENS' COMMENTS Greg Spalinger spoke to Contract No. FY2013-34. Ken Reinke, Threshold Recycling Executive Director, spoke to the recycling services offered by Threshold. Dennis Symmons commended the efforts of SA1 Board Chairperson Scott Arndt. Sid Pruitt spoke in opposition of Ordinance No. FY2014-02. Kodiak Island Borough Assembly Minutes June 2n 2013 Pang. 1990 ASSEMBLY MEMBER COMMENTS Assembly members Bonney and Stephens spoke to the SA1 and Cliffside Drive issues. Assembly member Stutes spoke to the NPFMC meetings during the week of June 7 and noted the support of Kodiak regarding the fishery issues was commended. She also spoke to Threshold's recycling program. Assembly members Austerman and Lynch thanked Ms. Richcreek for volunteering to serve on the Planning and Zoning Commission and congratulated Threshold Recycling for its new drive- thru program. Mayor Selby commended Marylynn McFarland, former Deputy Clerk, for her years of service to the community. Mayor Selby and Assembly members Austerman, Lynch, and Stutes congratulated Ms. Kilborn on her appointment as Deputy Clerk. Announcements The next Assembly work session was scheduled on Thursday, June 13 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, June 20 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT STUTES moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Lynch, Stephens, and Stutes. The meeting was adjourned at 8:49 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor 77„in, Nova M. Javier, MMC, Borgh Clerk Approved on: July 18, 2013 Kodiak Island Borough Assembly Minutes June 20, 2013 Page 1230