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2013-10-17 Regular Meeting G KODIAK ISLAND BOROUGH Assembly Regular Meeting October 17, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, October 17, 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 Michael Bates of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Selby, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Borough Manager Bud Cassidy, Clerk Nova Javier, and Assistant Clerk Angela MacKenzie. APPROVAL OF AGENDA AND CONSENT AGENDA Kaplan moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of August 15 and September 5, 2013, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed October 19, 2013 as Coast Guard Appreciation Day in Kodiak and urged citizens to recognize The Coast Guard community for their individual and collective efforts in making Kodiak and all the navigable waters of Alaska a safer and better place to live, work, and play. Mayor Selby proclaimed the Month of October 2013 as Filipino American National History Month as established by the trustees of the Filipino American National Historical Society. Mayor Selby recognized the Senior Citizens of Kodiak, Inc. on its national accreditation achievement and 40th Anniversary, and encouraged the community to join the celebration Saturday, October 19, 2013, from 3-5 p.m. at the Kodiak Senior Center. Manager Cassidy presented the Employee of the Quarter Award for the third Quarter of 2013 to Delores Evans, Appraiser Technician in the Assessing Department. Manager Cassidy presented a fifteen year longevity award to Deb Rippey, Property Appraiser in the Assessing Department, a fifteen year longevity award to Bill Bissett, Maintenance Engineer at Kodiak Fisheries Research Center, a twenty year longevity award to Paul VanDyke, IT Supervisor in the Information Technology Department, and a twenty five year longevity award to Bob Scholze, Resource Manager. CITIZENS' COMMENTS Cheryl Coonrod, and Vicki Jo Kennedy expressed gratitude toward outgoing Assembly member Stutes and outgoing Mayor Selby. Vicki Jo Kennedy and Judi Kidder voiced concerns about the security of the logs that are stored along Sargent Creek road in Bells Flats and LASH dock. Kodiak Island Borough Assembly Minutes October 17, 2013 Page 1278 Judi Kidder voiced discontent on the cutting of timber at the hospital being used for compost. Amy Kniazowski expressed gratitude to outgoing Mayor Selby and outgoing Assembly member Stutes. She welcomed the new elected officials and voiced support of Resolution No. FY2014- 16. Mark Buckley expressed gratitude to Mayor Selby. Terry Haines and John Whiddon spoke in favor of Resolution No. FY2014-16 and voiced gratitude to outgoing officials. COMMITTEE REPORTS Assembly member Austerman reported the School District Strategic Planning Committee will meet at 6 p.m., Wednesday, October 23, in the School District Conference Room to go over the 2014/2015 strategic plan for the school district. Assembly member Lynch reported the Kodiak Fisheries Work Group will meet Monday, November 4, at 8:30 a.m. The Group discussed alternative proposals and amendments to submit to North Pacific Fisheries Management Council. They will work on an RFP for a fisheries analyst. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Commented on staff's efforts in resolving the interference with the microphone system. • Federal Government is back to operational status and fisheries are set to open later in the month. • Announced a personnel promotion and opening for the code enforcement officer position. ._. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby recounted his tenure with the Borough: • Started his track in 1980 and took office as Mayor in 1983. • Spoke on the progress of Solid Waste, expansion of health care facilities, maintaining facilities, and the importance of the fishing industry. • Items to stay vigilant on for the future: state of appropriations, federal appropriations, funding fisheries research, expenditures of budget, and avoid spending the principle of facilities fund. • Expressed gratitude to the people and staff for continued support throughout his political career with the Borough. NEW BUSINESS Contracts 1. Amendment A to Contract No. FY2013-23 Long Term Care Center Lease Agreement Between KIB and Providence Health and Services. KAPLAN moved to authorize the manager to execute amendment A to Contract No. FY2013-23 Long Term Care Center Lease Agreement between KIB and Providence Health and Services. The Borough had been approached by Providence in an effort to purchase a portion of the Furniture, Fixtures and Equipment (FF&E) to be used at the new Long Term Care Facility (LTC) [— facility that the Borough had expected to purchase. Currently under the signed lease, all FF&E up to $1.4 million dollars was to be purchased and installed by the Borough. The goal of this provision was for the Borough to own a fully functioning LTC Facility should Providence decide to terminate the contract. The value of having a portion of the FF&E purchased by Providence Kodiak Island Borough Assembly Minutes October 17, 2013 Page 1279 was that these items could be counted as operating expenses which would increase the Medicaid reimbursement that Providence received. The amount of FF&E to be purchased by Providence was $438,870.40 though this action would clearly benefit Providence it would not hurt the Borough or impact the construction of the LTC. Should Providence terminate the lease, those FF&E items purchased by Providence would be contributed to the Borough at no cost. Under the lease the name of the structure would be Providence Kodiak Island Long Term Care Center. Providence had previously proposed to rename it the Providence Chiniak Bay Elder Houses. STEPHENS moved to postpone amendment A to Contract No. FY2013-23 to the next regular Gmeeting of the assembly for further clarification. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FIVE TO TWO: Austerman, Bonney, Griffin, Kaplan, Lynch (Noes); Stephens, and Stutes (Ayes). ROLL CALL VOTE ON MAIN MOTION CARRIED FIVE TO TWO: Bonney, Griffin, Kaplan, Lynch, Austerman (Ayes); Stephens, and Stutes (Noes). Resolutions 1. Resolution No. FY2014-15 Ratifying and Certifying the Results of the Municipal Election Held on October 1, 2013. KAPLAN moved to adopt Resolution No. FY2014-15. The Local Municipal Election was held on Tuesday, October 1. Per requirement of the Borough code, allowance of at least a week was given to receive all election precinct certificates and other absentee by mail ballots. The Canvass Board met on Tuesday, October 8 and 9 to canvass the election. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Stutes, Austerman, and Bonney. 2. Resolution No. FY2014-16 Accepting the Recommendation of the Planning and Zoning Commission for Long-Term Disposal of a 2.36 Acre Portion of the Kodiak Island Borough Landfill Tract (1203 Monashka Bay Road East) to the City of Kodiak. AUSTERMAN moved to adopt Resolution No. FY2014-16. The resolution brought back before the Assembly the question of disposal of 2.36 acre portion of the Borough Landfill Tract to the City of Kodiak for composting of biosolids. The disposal resolution previously proposed was voted down by the Assembly at its August 15 meeting since it included a temporary component for Class B composting which had not been included in the Planning and Zoning Commission resolution recommended for the disposal, and to allow more ' time for public outreach by the City to better inform residents of the proposed operation. Subsequently, the City gave presentations at the Solid Waste Advisory Board (SWAB) meeting on September 16 and at the Monashka Bay Road Service Area (MBRSA) meeting on September 25 to explain operations and answer questions. By Memorandum of Agreement (MOA) between the City and the Borough signed in 2007, the r I biosolids from the wastewater treatment plant had been deposited at the landfill within the Il J operating footprint. For the last year, the biosolids had been composted at that location with water sampling done as part of the landfill's routine monitoring program under ADEC oversight. That was a short-term arrangement by license agreement while alternative long-term sites were Kodiak Island Borough Assembly Minutes October 17, 2013 Page 1280 C explored. The City concluded that the best option for long-term composting was at the south landfill site and that was the reason for the disposal request. By Resolution No. FY2014-01, the Planning and Zoning Commission recommended long-term disposal of a filled and graded area in the south landfill at fair market value to continue the operation of processing compost. As identified by metes and bounds description, the site consisted of 2.36 acres. While the Commission's resolution was specific to a long-term lease disposal, the recommendation was advisory and the means of long term disposal, whether by lease or conveyance, remained for the Assembly to determine. Since the landfill operated as an enterprise fund, disposal by lease would result in the Borough's long-term involvement with the operation as landlord, with any associated liabilities, for fair market value as determined by the Borough Assessor. Disposal by conveyance for less than fair market value would return to the City for a public purpose, at less than fair market value, 2.36 acres of the 17.6 parcel that the City gave to the Borough in 1996 (QCD B.141, P 699) "in the best interest of the public" (letter from City Manager to Borough Mayor, Jan. 29, 1996). It would require a re-plat to create an independent lot for conveyance. The conveyance would be conditional not only on a subdivision, but also on procurement of a permit for Class A composting from the Department of Environmental Conservation (ADEC) to ensure that all regulatory requirements were satisfied. In the meantime, the City would have the site control necessary to proceed with geotechnical engineering to determine if the fill on site would support the concrete slab and structural development that would be needed in support of the operation and to comply with regulations. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Kaplan, Lynch, Stutes, Austerman, Bonney, Griffin (Ayes); and Stephens (No). 3. Resolution No. FY2014-17 Recommending Changes to the Federal Subsistence Board's Criteria for Rural Determination. LYNCH moved to adopt Resolution No. FY2014-17. The Federal Subsistence Board initiated a review of the rural determination process and requested comments on the following components of the process: population thresholds, rural characteristics, aggregation of communities, timelines, and information sources until November 1, 2013. The Kodiak area was currently categorized as rural with regard to harvesting fish and wildlife resources on federal public lands (Refuge lands, Buskin River, waters around Afognak Island); however, that would change with the next periodic review of the area. In order to prevent having to fight to maintain and prove that the Kodiak area was deserving of rural status, changes to the criteria for determination could ensure that the traditional subsistence lifestyle of the communities within the Borough remained in place. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, Bonney, Griffin, and Kaplan. Ordinances for Introduction 1. Ordinance No. FY2014-09 Rezoning Lot 12, Block 16, Tract A Larsen Bay Subdivision from R1-Single Family Residential to B-Business Zoning District (Case No. 14-002). LYNCH moved to adopt Ordinance No. FY2014-09 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Assembly Minutes October 17, 2013 Page 1281 The applicant requested a rezone of the parcel in order to achieve compliance with the adopted Comprehensive Plan. The applicant's development and use of the property targeted a client base composed of visitors and tourists primarily engaged in sport fishing activities with residual services supplied to sport hunters. The use of the property supported the goal of village economic development contained in the adopted comprehensive plan. The Assembly had previously approved the same rezone request at its regular meeting of November 6, 2008. The Commission held a public hearing on September 18, 2013, on the request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. The Commission voted unanimously to recommend the Assembly approve the rezone request, subject to a timeliness effective clause. ROLL CALL VOTE ON MOTION CARRIED UNANIOUSLY: Stephens, Stutes, Austerman, Bonney, Griffin, Kaplan, and Lynch. Other Items 1. Administer Oath of Office to Newly Elected Officials. The Borough Clerk administered the Oath of Office to newly elected Mayor Jerrol Friend and Assembly members Carol Austerman and Frank Peterson Jr. 2. Presentation to Outgoing Mayor. Deputy Presiding Officer Lynch presented an appreciation plaque to outgoing Mayor Jerome Selby. 3. Presentation to Outgoing Assembly Member. Mayor Selby presented an appreciation plaque to outgoing Assembly member Louise Stutes. 4. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications Within the Kodiak Island Borough Jurisdiction. AUSTERMAN moved to voice NON-PROTEST to the State of Alaska Alcoholic Beverage Control Board for the renewal application requests for 2014 as follows: LICENSEE LICENSE # DBA License Type Blue Inc #85 B & B Bar Beverage Dispensary Rella Mae Corporation #1040 Shelikof Lodge Beverage Dispensary CNG Inc #1155 Tony's Bar Beverage Dispensary Wade Ball Inc #1211 Village Bar Beverage Dispensary Bernie V. Ballao #4346 Bernie's Beverage Dispensary Kodiak Inn Inc #600 Chart Room Beverage Dispensary-Tourism AS 04.11.400(d) American Legion Robert #57 American Legion Club G Blair Post #17 Post #17 CNG tnc #1156 Tony's Liquor Store Package Store Safeway Inc #2509 Safeway Store Package Store #1090 Liquor Cabinet Inc #4044 Liquor Cabinet/Cost Package Store Savers Sook C. Yun #2611 Sizzler Burger & Restaurant/Eating Place Peking Rest. Cri Kodiak Island Borough Assembly Minutes October 17, 2013 Page 1282 Soak C Yun Kim #3293 Second Floor Restaurant/Eating Place Restaurant Anna Maria #3458 Angelo's Restaurant/Eating Place Kaloumenou The Kishan Group Inc #4611 Buskin River Beverage Dispensary-Tourism 111 Lounge AS 04.11.400(d) Odom Corporation #3496 Odom Corporation, Wholesale - General The Lisa & Steven Thomsen #3932 Alaskan Wilderness Winery Wines The Assembly confirmed that the above trouble reports did not cause any concern to the Assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIOUSLY: Stutes, Austerman, Bonney, Griffin, Kaplan, Lynch, and Stephens. 5. Amend the Action Taken on the Borough Clerk's Performance Evaluation. LYNCH moved to amend the action previously taken on the Clerk's Evaluation by increasing the Clerk's Salary to Range 25, Step M retroactive to her anniversary date of June 3. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Austerman, Bonney, Griffin, Kaplan, Lynch, Stutes (Ayes); and Stephens (No). Executive Session 1 1. Borough Manager's Performance Evaluation. KAPLAN moved to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, Stutes, and Austerman. Mayor Selby invited the Assembly members and Manager to join in the executive session. After the vote, Mayor Selby recessed the regular meeting at 9:01 p.m. and convened the executive session. Upon returning from the executive session, Mayor Selby reconvened the regular meeting at 9:26 p.m. LYNCH moved to adjust the Manager's salary to one hundred thirty thousand dollars retroactive to July 17, 2013 per Contract No. FY2013 -14. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Austerman, and Bonney. 2. IBEW Contract Negotiation. Kodiak Island Borough Assembly Minutes October 17, 2013 Page 1283 C AUSTERMAN moved to convene into executive session to discuss matters involving negotiations with the IBEW which qualifies for executive session per KIBC 2.30.030(E.d), under matters involving negotiations with labor organizations representing Borough employees. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Austerman, Bonney, and Griffin. Mayor Selby invited the Borough Assembly, Manager, and Clerk's Office Staff into executive session. 0 After the vote, Mayor Selby recessed the regular meeting at 9:27 p.m. and convened the executive session. Upon returning from the executive session, Mayor Selby reconvened the regular meeting at 9:55 p.m. and announced no action was to be taken as a result of the executive session. CITIZENS' COMMENTS Vicki Jo Kennedy expressed gratitude to Assembly member Stephens. She spoke on getting the speaker system fixed and the importance of Resolution No. FY2014-17. Judi Kidder expressed gratitude to outgoing Mayor Selby and Assembly Members. Ken Reinke reported a favorable September for Threshold and expressed gratitude to the Assembly. f ASSEMBLY MEMBERS' COMMENTS Assembly member Stephens was pleased on receiving the quarterly report from the Attorney. Assembly member Griffin expressed gratitude to outgoing Mayor Selby. Assembly member Kaplan expressed gratitude to longevity recipients, outgoing Mayor, and outgoing Assembly member Stutes. Assembly member Lynch expressed gratitude to longevity recipients and outgoing Mayor Selby. Assembly member Austerman expressed gratitude to longevity recipients, outgoing Mayor Selby, and outgoing Assembly member Stutes. Announcements — Mayor Selby The next Assembly work session was rescheduled to Tuesday, October 29, at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, November 7, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT Kaplan moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Lynch, Stephens, Austerman, Griffin, and Kaplan GKodiak Island Borough Assembly Minutes October 17, 2013 Page 1284 ( The meeting was adjourned at 10:10 p.m. KODIAK ISLAND BOROUGH i_ . ATTEST: Jerrol Friend, Mayor ek'S � 1� I YPu CL;vP1' r1• . Javier, MMC, Borough lerk Approved on: December 5, 2013 (._ , [ 1 (.._. _, Kodiak Island Borough Assembly Minutes 1 October 17, 2013 Page 1285