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2013-07-02 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting July 2, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, July 2, 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 Sergeant Major Dave Blacketer of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bill Roberts, Community Development Director Bob Pederson, Engineering and Facilities Department Maintenance Coordinator Bob Tucker, Clerk Nova Javier, and Deputy Clerk Jessica Kilborn. GRIFFIN moved to excuse Assembly member Kaplan who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA BONNEY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS George Gatter, Andy Lundquist, Gary Lester, Willy Bethea, David Hardy, and Janet Wente spoke in opposition of Ordinance No. FY2014-03. Emily Guvier and Betty MacTavish spoke in support of Ordinance No. FY2014-03. COMMITTEE REPORTS None. PUBLIC HEARING 1. State of Alaska Alcoholic Beverage Control Board New Liquor License Application for the Package Store at the Olds River Inn (Licensee/Applicant: Circle B LLC). AUSTERMAN moved to voice non-protest to the State of Alaska Alcoholic Beverage Control Board for a New Liquor License application for the package store at the Olds River Inn (Licensee/Applicant: Circle B LLC). Kodiak Island Borough Assembly Minutes July 2, 2013 Page1231 The application was for a new package store liquor license for the Circle B LLC, DBA Olds River Inn. The Clerk's office followed the procedures in KIBC 5.01.030 New license and transfer procedure when processing the liquor license. Fifty-three public hearing notices were mailed and one response was received in support of the liquor license. Mayor Selby opened the public hearing. George Gatter spoke in support of the new liquor license application for the package store at the Olds River Inn. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Lynch, Stephens, and Stutes. 2. Ordinance No. FY2014-02 Rezoning Lot 21 Seaview Subdivision From B-Business Zoning District To I-Industrial Zoning District (P82 Case No. 13-020 Lash Corporation). BONNEY moved to adopt Ordinance No. FY2014-02. 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 development purposes. The Planning and Zoning Commission held a public hearing on March 20, 2013, on the request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. Fourteen public hearing notices were sent out and responses received by the Clerk's Office were submitted to the Assembly. Mayor Selby opened the public hearing. Andy Finke, Sid Pruitt, Peggy Smith, Joe Cornelias, and Janet Wente spoke in opposition of Ordinance No. FY2014-02. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Lynch, Stephens, Austerman, Selby, and Bonney (Ayes); Griffin and Stutes (Noes). A tie vote occurred and Mayor Selby voted in favor to break the tie. Clerk's Note: Assembly member Bonney changed his vote to the prevailing side. BOROUGH MANAGER'S REPORT (Administrative Official Roberts) Administrative Official Roberts introduced Mr. Bob Pederson, the Borough's new Community Development Director. Kodiak Island Borough Assembly Minutes July 2. 2013 Paae1232 MESSAGES FROM THE BOROUGH MAYOR Mayor Selby wished everyone a safe 4th of July holiday. UNFINISHED BUSINESS 1. Contract No. FY2013-34 Road Maintenance and Repairs, Snow Removal and Sanding for Service Area No. 1. The motion before the Assembly from the last meeting was to: Authorize the Manager to execute Contract No. FY2013-34 with AIM Maintenance of Kodiak, Alaska for Road Service Maintenance and Repairs, and Snow Removal and Sanding for Service Area 1 for time and materials based on the bid scheduled 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 KIBC 3.30.080 Lowest responsible bidder Borough staff recommended rejection of the lowest bidder, AIM Maintenance, based on the lack of road construction experience, 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. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Lynch, Stephens, Stutes, Austerman, and Bonney. NEW BUSINESS Contracts 1. Contract No. FY2014-01 Contract Between the Kodiak Island Borough and the Kodiak Chamber of Commerce of Kodiak, AK for the Economic Planning and Project Development Within the Kodiak Island Borough for FY2014. AUSTERMAN moved to authorize the manager to execute Contract No. FY2014-01 with Kodiak Chamber of Commerce of Kodiak, Alaska for Economic Development Planning and Project Development within the Kodiak Island Borough for FY2014 in the amount not to exceed $43,000. The Kodiak Island Borough had participated in a community-based economic development program operated by the Kodiak Chamber of Commerce for many years. Funding support from the Borough and the City of Kodiak would be used to provide an Economic Development Committee and staff in order to focus on economic development planning and project development in the Kodiak Region. Those who served on the Economic Development Committee were drawn from the Kodiak Island community with representatives from the City of Kodiak Island Borough Assembly Minutes July 2, 2013 Page1233 Kodiak, Kodiak Island Borough, Kodiak Island outlying communities, and the Kodiak Chamber of Commerce. The contract would renew this relationship for the 2014 fiscal year. The duties to be accomplished for this period were outlined in the agreement. A corrected copy of Contract No. FY2014-01 was provided to the Assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, Bonney, and Griffin. 2. Contract No. FY2014-02 Contract Between the Kodiak Island Borough and the Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services for FY2014. STUTES moved to authorize the manager to execute Contract No. FY2014-02 with the Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services for FY2014 in the amount not to exceed $75,000. The Kodiak Island Convention and Visitors Bureau (KICVB), also known as Discover Kodiak, had been providing destination marketing and tourism development for the Kodiak Island Borough for several years through its Marketing Committee. Funding support from the Borough and the City of Kodiak was used to support the KICVB. The Borough funded the KICVB from the Borough's bed tax revenue. The contract would renew this relationship for the 2014 fiscal year. The duties to be accomplished for this period were outlined in the agreement. A corrected copy of Contract No. FY2014-02 was provided to the Assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Austerman, Bonney, Griffin, and Lynch. 3. Change Order No. 7 to Contract No. FY2012-21 Landfill Expansion Phase II for the Purpose of Development of Adjacent Rock Source at the Phase II Site to Be Used as Future Cover Material or Other Rock Product for Landfill Operations. AUSTERMAN moved to authorize the Manager to execute Change Order No. 7 to Contract No. FY2012-21 Landfill Expansion Phase II with Brechan Enterprises, Inc. to develop rock source for future landfill cover material and other uses in an amount not to exceed $500,000. In the process of preparing the building pad for the waste water treatment plant, it became apparent that a viable future source of rock for "landfill cover" could be produced on-site by removing a hill of rock behind the location of the Treatment Plant. This made good sense as rock produced on site for operations was significantly cheaper than rock brought to the site. For this to happen, the blasting would need to be completed prior to the installation of the building foundation. Staff, together with the Contractor, formulated a work plan and pricing that would allow for the work to be accomplished with no impact to the Phase III project schedule. The work would be funded with existing reserves in the Landfill Enterprise fund. The Landfill Operations budget would reimburse the Enterprise fund when the rock was used at a considerable savings compared to all other options for procuring rock product. The change order would be paid on a unit cost basis per cubic yard in bank by survey when the work was complete. The not to exceed" amount included contingency funds. Kodiak Island Borough Assembly Minutes July 2. 2013 Paae1234 ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Stutes, Austerman, Bonney, Griffin, Lynch (Ayes); Stephens (No). 4. Contract No. F12014-07 North Star Elementary Exterior Painting/Siding Replacement Project. BONNEY moved to authorize the Manager to execute Contract No. FY2014-07 with Wolverine Supply, Inc. of Wasilla, Alaska for the North Star Elementary Exterior Painting/Siding Replacement project in an amount not to exceed $197,713. The contract was for the North Star Elementary School Exterior Painting/Siding Replacement portion of the Borough Building and North Star Elementary Exterior Repairs project as shown in the construction documents prepared-by Jensen Yorba Lott, Inc. The construction documents, bid documents, and associated addenda were available for review. The exterior of the school had been in need of painting for several years, and there were areas where the existing cement board siding was cracked and deteriorating. The work would include removal of the cement board siding on the entire northeast face of the exterior and replacement with polymer siding, selected siding repairs at other areas, and painting of the entire exterior. An Invitation to Bid was issued on May 28, 2013, and bids were opened on June 20, 2013. Two bids were received and staff determined that Wolverine Supply, Inc. was the lowest responsive bid by a responsible bidder. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Lynch, Stephens, and Stutes. 5. Contract No. FY2014-08 Agnew Beck for Services Associated with the Zoning, Subdivision, and Land Management Code. GRIFFIN moved to authorize the Manager to Execute Contract No. FY2014-08 with Agnew::Beck Consulting, of Anchorage, AK for the completion of the Zoning, Subdivision, and Real Property Code Update in an amount not to exceed $38,000. The progress of the project to update the borough zoning, subdivision, and real property code had substantially slowed due to the departure of two Community Development Department staff members including the Project Manager. The contract with LSL Planning Consultants had also lapsed. The contract with Agnew::Beck of Anchorage, AK would pick up the project where it left off. The Consultant would shepherd the work recommended by the Project Advisory Committee (PAC) through the Planning and Zoning Commission and to the Assembly for action. Chris Beck of Agnew::Beck was familiar with the project having participated in the public engagement portion of the project. Mr. Beck worked well with the PAC and had appeared before the Commission. The Agnew::Beck contract would be performed on a time and materials basis with only the time spent on the project being paid for. Staff recommended approval of the contract. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Bonney, Griffin, Lynch, and Austerman (Ayes); Stephens and Stutes (Noes). Kodiak Island Borough Assembly Minutes July 2, 2013 Page1235 6. Contract No. FY2014-09 Lease Agreement for Borough Copiers. BONNEY moved to authorize the Manager to execute Contract No. FY2014-09 with OfficeTech (Xerox) for a five-year lease of seven copiers in the amount not to exceed $67,250.40. The IT Department solicited proposals from qualified individuals and/or firms to provide multi- function copy machines to replace many of the Borough's outdated printers. Several departments would be receiving the new multi-function copiers and they would provide staff with the ability to digitally scan documents from their offices and reduce paperwork and streamline processes as those features had only been available in select locations in the Borough. Most of the Borough's current printers were past their support lifecycle. The new copiers would come with support for the life of the five-year leases. The Borough solicited proposals through an Request for Proposals process this spring and received six responses. OfficeTech, an Alaskan company which represented Xerox, was chosen based on price, features, service, and local support. The lease period was five-years (60 months) and covered supplies and service. The Borough would obtain seven copiers on the lease. The lease agreement pricing was taken from the pre-negotiated terms of the Western States Contracting Alliance (WSCA). ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Lynch, Stephens, Stutes, Austerman, and Bonney. Resolutions 1. Resolution No. FY2014-04 Adopting the Comprehensive Economic Development Strategy (CEDS) 2013 as Written. This item was approved under the consent agenda. Kodiak Chamber of Commerce (KCC) was the recognized economic development organization on Kodiak Island and entered into a contract with the City of Kodiak and the Kodiak Island Borough to provide economic development planning and leadership for the Kodiak Island communities. KCC established an Economic Development Committee to develop and review a Comprehensive Economic Development Strategy which was the first step in the process of taking advantage of the many grant and assistance programs available through the U.S. Department of Commerce Economic Development Administration. KCC would assist the communities of Kodiak Island in the planning and development of the strategies and activities that those communities found were necessary to successfully engage in pursuing desired economic growth and business development which was compatible with local needs and lifestyles. In addition, KCC was also actively pursuing opportunities to work with other communities in the Southwest region and had worked cooperatively with the Southwest Alaska Municipal Conference. Kodiak Island Borough Assembly Minutes July 2. 2013 Pace1236 Ordinances for Introduction 1. Ordinance No. FY2014-03 Submitting the Question of the Adoption of a Secondhand Smoke Control Ordinance to the Voters of the Borough at the October 1, 2013 Regular Municipal Election. GRIFFIN moved to adopt Ordinance No. FY2014-03 in first reading to advance to public hearing at the next regular meeting of the Assembly. The ordinance was requested by Assembly members Bonney and Griffin. The purpose of the ordinance was to submit before the Kodiak Island Borough at the October 1, 2013, Regular Election the question: "Shall the Kodiak Island Borough adopt a secondhand smoke control ordinance?" If approved by the voters, the ordinance would become effective January 1, 2014, and the Borough code would be amended to add a new Chapter 8.50 Secondhand Smoke Control in Title 8 Health and Safety. The ordinance was reviewed by the Borough Attorney. KIBC 7.10.025 Propositions and questions stated that an ordinance placing propositions and questions before the voters must be adopted no later than 53 calendar days before a regular election. The last day to adopt such an ordinance would be Friday, August 9, 2013. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Lynch, Stephens, Austerman, Bonney, and Griffin (Ayes); Stutes (No). Other Items 1. Confirmation of the Appointment to the Trawl Vessels Seat on the Kodiak Fisheries Advisory Committee (Kent Heligso). This item was approved under the consent agenda. On May 9, 2013, KFAC Facilitator Trevor Brown notified the Clerk's Office that Mr. Al Burch intended to resign from the Trawl Vessels seat on the Kodiak Fisheries Advisory Committee and recommended Mr. Kent Heligso be appointed to the vacant seat, as Mr. Heligso had been serving as Mr. Burch's alternate. On June 20, 2013, the Assembly declared vacant the Trawl Vessels seat on the Kodiak Fisheries Advisory Committee, and Mr. Helgiso expressed an interest in being appointed to the Trawls Vessel seat. The action taken by the Assembly confirmed the appointment of Mr. Heligso to the Trawl Vessels seat. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Stephens spoke to his reasons for voting in support of Ordinance No. FY2014-03. Assembly member Lynch urged the public to voice their concerns regarding Ordinance No. FY2014-02 to the proper representatives and agencies and spoke in support of the State reinstating the Coastal Management Program. Assembly members Austerman, Griffin Stephens, and Stutes wished everyone a happy 4th of July holiday. Kodiak Island Borough Assembly Minutes July 2, 2013 Page1237 Assembly members Griffin and Lynch thanked the public for comments on the agenda items. Announcements The Borough Offices would be closed on Thursday, July 4, in observance of the 4th of July holiday. The next Assembly work session was scheduled •on Thursday, July 11 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, July 18 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT BONNEY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Austerman, Bonney, Griffin, and Lynch. The meeting was adjourned at 8:44 p.m. KODIAK ISLAND BOROUGH EL ATTEST: Jerome M. Selby, Mayor�� Nova M. Javier, M Borough Clerk Approved on: August 1, 2013 Kodiak Island Borough Assembly Minutes July 2. 2013 Pane12RR