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2013-11-07 Regular Meeting C KODIAK ISLAND BOROUGH Assembly Regular Meeting November 7, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, November 7, 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 Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Dave Kaplan, Frank Peterson, Jr., and Mel Stephens. Staff members present were Borough Manager Bud Cassidy, Community Development Director Bob Pederson, Engineering and Facilities Director Bob Tucker, Engineering and Facilities Projects Manager Matt Gandel, Clerk Nova Javier, Deputy Clerk Jessica Kilborn, 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 • A. Regular Meeting Minutes of September 19 and October 3, 2013 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Friend presented the Student of the Month Award for October 2013 to Jeffrey Woods, a senior with the Kodiak Island Borough School District Correspondence Study Program. CITIZENS' COMMENTS None. COMMITTEE REPORTS Southwest Alaska Municipal Conference (SWAMC) President and Borough representative Louise Stutes reported on the SWAMC meetings held October 24 and 25. It was noted that LJ Assembly member Austerman also attended the meetings. Assembly member Lynch reported on the Kodiak Fisheries Work Group meeting held on Monday, November 4. The next meetings would be held on November 25, December 2, and December 9. Assembly member Bonney reported on the Solid Waste Advisory Board meeting held on i October 28 and urged the Assembly to review the goals and objectives of the board. Kodiak Island Borough Assembly Minutes November 7, 2013 Page 1286 PUBLIC HEARING A. 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). Assembly member Stephens noted that he had a potential conflict of interest and requested to be excused from participating in the discussion and voting. Mayor Friend ruled that there was a conflict of interest. VOICE VOTE ON THE RULING OF THE CHAIR CARRIED UNANIMOUSLY. KAPLAN moved to adopt Ordinance No. FY2014-09. 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 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. Eight public hearing notices were mailed out on Friday, October 18 and no responses were received. Mayor Friend opened the public hearing. Jane Petrich spoke in support of Ordinance No. FY2014-09. Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, Peterson, and Stephens. B. Resolution No. FY2014-18 Renaming the Bayside Fire Training Center to Earl Smith, Jr. Memorial Fire Training Center. LYNCH moved to adopt Resolution No. FY2014-18. The Fire Protection Area No.1 Board adopted a resolution on June 18, 2013 requesting the Kodiak Island Borough Assembly officially change the name of the Bayside Fire Training Center to the Earl Smith, Jr. Memorial Fire Training Center. Kodiak Island Borough Assembly Minutes r November 7, 2013 Page 1287 J The Mayor appointed and Assembly confirmed the Fire Protection Area Board No. 1 as the five member citizen panel to review proposed names, hold a public hearing, and identify an appropriate name for the facility. I J After holding a public hearing on October 18, 2013, the Fire Protection Area No. 1 Board adopted FP Resolution No. FY2014-01. The resolution requested that the Borough Assembly officially change the name of the Bayside Fire Training Center to the Earl Smith, Jr. Memorial Fire Training Center. They also requested that the official change of name and dedication occur on Memorial Day 2014. Mayor Friend opened the public hearing. Scott Arndt spoke in support of Resolution No. FY2014-18. Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Peterson, Stephens, and Austerman. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Announced the promotion of Bob Tucker to the Engineering and Facilities Director position. • Announced that Neal Horn would begin his employment as the Code Enforcement Officer beginning on Tuesday, November 12. • The Request for Proposal for the Fisheries Analyst was issued on November 1. The deadline for submittals was December 2. • Contract No. FY2014-17 Animal Control Services Agreement went into effect on November 2 and the Borough was receiving the services requested. • Would be on jury duty during the month of November and would be out of the office November 18-21 to attend the Alaska Municipal League conference in Anchorage. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend reported that he was working on the Assembly assignments to the various boards and committees. He encouraged Assembly input as he began his term as mayor. UNFINISHED BUSINESS None. NEW BUSINESS Reorganization of the Kodiak Island Borough Assembly A. Election of the Deputy Presiding Officer. Mayor Friend opened the nominations. 0 AUSTERMAN moved to nominate Chris Lynch as deputy presiding officer. Kodiak Island Borough Assembly Minutes November 7, 2013 Page 1288 STEPHENS moved to nominate Tuck Bonney as deputy presiding officer. Mayor Friend closed the nominations. As there was more than one individual nominated, Mayor Friend asked the Clerk to distribute ballots, collect, and tally the ballots. A majority vote was cast for Tuck Bonney as deputy presiding officer. Contracts A. Approval of Change Order No. 3 Amending Contract No. FY2014-13 Architectural and Engineering Services Term Contract for Pre-Design Work for the Anton Larsen Dock Replacement Project. GRIFFIN moved to authorize the Manager to execute Change Order No. 3 Amending Contract No. FY2014-13 with Jensen Yorba Lott, Inc. of Juneau, Alaska for Architectural and Engineering Services Term Contract for pre-design work for the Anton Larsen Dock Replacement Project in an amount not to exceed $43,760. The Borough advertised a Request for Proposals (RFP) for architectural and engineering services for Borough-wide capital improvement projects in June 2013. Six responses were received and reviewed by the Architectural Review Board (ARB). The ARB directed staff to enter into negotiations with Jensen Yorba Lott, Inc. (JYL) as the top proposer. Staff negotiated a term contract (FY2014-13) with JYL for projects yet to be determined. The term contract did not authorize work nor obligate the Borough for payment, but rather it identified terms and fees for 1111 work to be authorized in the future. The change order would authorize JYL to proceed with pre-design work for the Anton Larsen Bay Dock Replacement project. Pre-design work would include site visits, topographic and bathymetric surveys, and conceptual design options including dock/ramp locations, potential parking configuration, and order of magnitude costs. Once the pre-design work was completed the Borough would be able to select a design choice, and JYL would provide a fee proposal for permitting, construction documents, bidding, and construction administration work. The Borough received Denali Commission and Alaska State Legislature grants for the project. The pre-design work would be funded by the Denali Commission grant, which was specifically for planning and design. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Griffin, Kaplan, Lynch, Peterson, and Austerman (Ayes); Stephens and Bonney (Noes). B. Approval of Change Order No. 4 Amending Contract No. FY2014-13 Architectural and Engineering Services Term Contract for Pre-design Work for Installing New Electrical Generators at Old Harbor, Karluk, Port Lions, and North Star Elementary Schools. PETERSON moved to authorize the Manager to execute Change Order No. 4 amending Contract No. FY2014-13 with Jensen Yorba Lott, Inc. of Juneau, .Alaska for Architectural and Kodiak Island Borough Assembly Minutes November 7, 2013 Page 1289 Engineering Services Term Contract for Installing New Electrical Generators at Old Harbor, Karluk, Port Lions, and North Star Elementary Schools in an amount not to exceed $31,360. I The Borough advertised a Request for Proposals (RFP) for architectural and engineering services for Borough-wide capital improvement projects in June 2013. Six responses were received and reviewed by the Architectural Review Board (ARB). The ARB directed staff to enter into negotiations with Jensen Yorba Lott, Inc. (JYL) as the top proposer. Staff negotiated a term contract (FY2014-13) with JYL for projects yet to be determined. The term contract did not authorize work nor obligate the Borough for payment, but rather it identified terms and fees for work to be authorized in the future. The change order would authorize JYL to proceed with pre-design work for installing new electrical generators at Old Harbor, Karluk, Port Lions, and North Star Elementary schools. The work was part of a preparedness effort to ensure schools that act as community shelters would continue to have power in case of an emergency. Pre-design work would include site visits, verification of existing electrical and lighting systems, preliminary concept drawings and generator sizing, and order of magnitude construction and operational cost estimates. Once the pre-design work was completed JYL would provide a fee proposal for construction documents, bidding, and construction administration work. The Borough received a State grant in FY2012 for installation of generators at several schools, including the four listed above. The funds from this grant would be used for the pre-design work. Assembly discussion. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Kaplan, Lynch, Peterson, Austerman, Bonney, and Griffin (Ayes); Stephens (No). C. Approval of Change Order No. 5 Amending Contract No. FY2014-13 Architectural and Engineering Services Term Contract for Pre-Design Work for the Borough Building Renovation. AUSTERMAN moved to authorize the Manager to execute Change Order No. 5 Amending Contract No. FY2014-13 with Jenson Yorba Lott, Inc. of Juneau, Alaska for an Architectural and Engineering Services Term Contract for Pre-design Work for the Borough Building Renovation Project in an amount not to exceed $31,450. The Borough advertised a Request for Proposals (RFP) for architectural and engineering 0 services for Borough-wide capital improvement projects in June 2013. Six responses were received and reviewed by the Architectural Review Board (ARB). The ARB directed staff to enter into negotiations with Jensen Yorba Lott, Inc. (JYL) as the top proposer. Staff negotiated a term contract (FY2014-13) with JYL for projects yet to be determined. The term contract did not authorize work nor obligate the Borough for payment, but rather it identified terms and fees for work to be authorized in the future. The change order would authorize JYL to proceed with pre-design work for the Borough Building Renovation which would include replacing the boilers, asbestos abatement in the boiler room and existing flooring, installing new flooring, and upgrades to various mechanical and Kodiak Island Borough Assembly Minutes November 7, 2013 Page 1290 C electrical building components. It was anticipated that this would be a phased multi-year project beginning after the School District relocated its offices in the fall of 2014. [. Pre-design work would include site visits, creation of Autocad base sheets for future drawings, and a technical memorandum describing the existing systems and options for mechanical and electrical upgrades. Once the pre-design work was completed JYL would provide a fee proposal for permitting, construction documents, bidding, and construction administration work. The project would combine several projects already approved as Renewal and Replacement projects. The pre-design work would be funded from one of those projects. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Lynch, Peterson, Austerman, Bonney, Griffin, and Kaplan (Ayes); Stephens (No). D. Approval of the Expenditure Request for Scheduled Baler Maintenance. PETERSON moved to authorize the Manager to approve a purchase order for Pioneer Supply Inc. for parts associated with the rebuild of the landfill's baler in an amount not to exceed $41,342.75. The actual baler machine was routinely rebuilt approximately every two years. During the rebuilding process garbage was not baled but loose filled in the landfill. The cost of rebuilding the baler was approximately $100,000. The amount was budgeted with half of the cost (approximately $50,000) budgeted each year. Parts (a list was provided to the Assembly) were purchased in the first year with the metal purchased the second year. Costs associated with the 111 baler rebuild were paid for out of the Landfill Enterprise Fund. The Borough's baler was made by Harris and their exclusive authorized distributor for the State of Alaska was Pioneer Supply, Inc. Pioneer Supply provided all parts, equipment, and service for the State. The Borough used Pioneer Supply in the past for baler parts for many rebuilds of the baler. The purchase would be a sole source purchase. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Peterson, Austerman, Kaplan, and Lynch (Ayes); Bonney, Griffin, and Stephens (Noes). Resolutions 1. Resolution No. FY2014-19 Disposing of a Portion of Land Up To 27,720 Square Feet Located on Top of the Active Landfill at 1203 Monashka Bay Road by License Agreement to (v the City of Kodiak to Temporarily Produce Class B Compost Until November 15, 2015. AUSTERMAN moved to adopt Resolution No. FY2014-19. The current License Agreement between the City and the Borough for processing of Class B compost within the active operational footprint on top of the landfill would expire on November 14, 2013. That agreement was specific to a particular 27,7020 square foot area within the active [— operational foot print. The resolution brought before the Assembly a new License Agreement that would allow for continued processing of Class B compost for approximately two years at f Kodiak Island Borough Assembly Minutes November 7, 2013 Page 1291 G different locations within the active footprint (Exhibit A) which would move periodically so as to not interfere with ongoing landfill operations, but not exceed 27,720 square feet at any one time. J The terms of the new license agreement would stipulate that determinations regarding location of the Class B composting operation at any given time would be made by the landfill supervisor, and that all compost produced would remain at the landfill for utilization to fill voids or for cover material as approved by the Alaska Department of Environmental Conservation (ADEC). Q By memorandum of agreement (MOA) between the City and the Borough signed in 2007 the biosolids from the wastewater treatment plat had been deposited at the landfill within the operating footprint. The biosolids were processed into Class B compost at that location since December, 2012 for utilization at the landfill. The landfill supervisor determined that the short-term processing of biosolids into Class B compost could continue within the active landfill footprint (Exhibit A) on a rotating basis utilizing no more than 27,720 sq. ft. at one time without interfering with landfill operations. ADEC approved moving the composting operation as necessary within the the active footprint on top of the landfill (see email dated August 13, 2013 from Lori Aldrich). ADEC operating guidelines for Class B composting would continue to be followed, including water run-off sampling as part of the landfill's routine monitoring program. The temporary license agreement for processing biosolids into Class B compost at the landfill would continue cooperative efforts consistent with the MOA. It would offer a short term solution benefiting the community and rate payers while giving the City the time needed to conduct — geotech engineering studies and design work necessary to obtain a permit from ADEC for a long-term composting facility that would process biosolids into EQ (excellent quality) Class A compost at a different 2.36 acre location at the landfill. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Austerman, Bonney, Griffin, Kaplan, Lynch, and Peterson. 2. Resolution No. FY2014-20 Authorizing the Kodiak Island Borough to Submit an Application for a Loan From the Alaska Clean Water Fund for the Landfill Lateral Expansion Project, Phase III. BONNEY moved to adopt Resolution No. FY2014-20. 0 The purpose of the resolution was to approve the Borough's submittal of an application to the Alaska Clean Water Fund for a loan in an amount up to $3,400,000. Loan funds would be used to support the Landfill Lateral Expansion Project, Phase III, the construction of a wastewater treatment facility for on-site treatment of the landfill's leachate. The current proposed budget for Phase III was $16,820,981, and the proposed budget for the entire Landfill Lateral Expansion Project was $32,000,000. The Borough could borrow loan funds as needed up to the approved amount. Terms for the repayment of the loan were up to 20 years at 1.5% interest. The project was placed on the ADEC's Alaska Clean Water Fund Non-Point Source Funding 0 Priority List for Fiscal Year 2014 as a result of not being funded for the Municipal Matching Kodiak Island Borough Assembly Minutes November 7, 2013 Page 1292 C Grant requested in fiscal year 2013. Once on the list, a formal application was required to be submitted to receive loan funds. To assist with financing the cost of expanding the landfill under current regulations, the Borough applied again for a grant from the ADEC Municipal Matching Grant Program and requested support for the program from the legislature via the FY14 Capital Improvements Priority List. Application to the Alaska Clean Water Fund Loan Program provided security of project funding in case the grant request was not approved. The resolution authorized the Borough Manager to submit an application for a loan from the Alaska Clean Water Fund and authorized the Manager to execute any and all documents required for the loan. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Austerman, Griffin, Kaplan, Lynch, and Peterson (Ayes); Stephens and Bonney (Noes). Ordinances for Introduction None. Other Items 1. Mayoral Appointments to the Planning and Zoning Commission. PETERSON moved to confirm the appointments of Mr. Scott Arndt and Ms. Maria Painter to the ( 1 Planning and Zoning Commission Borough seats for terms to expire December 2015. I I There were currently three vacant seats that were vacant on the Planning and Zoning LLL Commission. Two of these seats were Borough seats and there was one City Seat. The Clerk's Office received six applications for the Borough seats from Scott Arndt, Maria Painter, Jane Petrich, Elizabeth Ridgeway, Jeffrey Trenery, and Sandra Marie Katelnikoff-Lester. Mayor Friend selected Mr. Arndt and Ms. Painter for the Borough seats. The Clerk's Office also received an application for the City Seat from Ms. Patricia Olsen. The City Council would make a recommendation in December as they did not have any scheduled meetings in November. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Peterson, Stephens, and Austerman. 2. Assembly Appointment to the Bay View Road Service Area Board (Peter Ivanoff). GRIFFIN moved to confirm the Assembly Appointment of Mr. Peter Ivanoff to the Bay View Road Service Area Board for a term to expire October 2016. There was currently one vacant seat on the Bay View Road Service Area Board (BVRSAB). On October 21, 2013, the Clerk's Office received an application from Mr. Peter Ivanoff and he had [— served on the board in the past. BVRSAB chairperson, Mr. Reed Oswalt, requested Assembly confirmation of Mr. Ivanoff. Kodiak Island Borough Assembly Minutes November 7, 2013 Page 1293 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Peterson, Stephens, Austerman, and Bonney. -1 3. Approval of the Kodiak Island Borough Assembly 2014 Meeting Schedule. This item was approved under the consent agenda. The Assembly approved the meeting schedule for the upcoming year. F CITIZENS' COMMENTS v City Manager Aimee Kniaziowski thanked the Assembly for its support on Resolution No. FY2014-19. ASSEMBLY MEMBERS' COMMENTS Assembly members Austerman, Kaplan, and Lynch congratulated the Student of the Month. Award recipient. Assembly members Austerman and Lynch congratulated Mr. Tucker on his promotion to Engineering and Facilities Director. Assembly member Austerman congratulated Tuck Bonney on being elected as Deputy Presiding Officer. She commended Ms. Stutes on her report of the SWAMC meetings held in October. She also thanked those who applied to serve on Planning and Zoning Commission CJ and Bay View Road Service Area Board. Assembly member Bonney encouraged the Assembly to review the term contract process and spoke against paying a consultant travel reimbursements for projects. Assembly member Stephens noted that the current financial report was on the website and spoke on past financials of the Borough. Announcements — Mayor Friend The next Assembly work session was scheduled on Thursday, November 14 at 7:30 p.m. in the Borough Conference Room, with a special meeting to be held immediately following the work session. The Assembly regular meeting scheduled on Thursday, November 21 was canceled. The Borough offices would be closed on Monday, November 11 in observance of Veterans Day. The Borough Clerk's Office would be closed November 18, 19, and 20, and woulf reopen for business on Thursday, November 21 at 8 a.m. The Mayor and members of the Assembly would be traveling November 18-22 to attend the Alaska Municipal League Conference in Anchorage. ADJOURNMENT KAPLAN moved to adjourn the meeting. Kodiak Island Borough Assembly Minutes November 7, 2013 Page 1294 C ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Peterson, Stephens, Austerman, Bonney, and Griffin. The meeting was adjourned at 8:45 p.m. KODIAK ISLAND BOROUGH ATT.ST: Jerrol Friend, Borough Mayor le a I W' Ot 10 it . Javier, MMC, Borough Clerk Approved on: December 5, 2013 --11 L Kodiak Island Borough Assembly Minutes L November 7, 2013 Page 1295