2014-01-16 Regular Meeting C.
KODIAK ISLAND BOROUGH
Assembly Regular Meeting
January 16, 2014
A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, January 16,
2014, 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 Tuck Bonney, Dave Kaplan, Chris
Lynch, Frank Peterson, Jr., and Mel Stephens. Staff members present were Borough Manager
Bud Cassidy, Engineering and Facilities Acting Director Dave Conrad, Engineering and
Facilities Projects Manager Matt Gandel, Clerk Nova Javier, and Deputy Clerk Jessica Kilborn.
KAPLAN moved to excuse Assembly members Austerman and Griffin who were absent due to
personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
( APPROVAL OF AGENDA
L� BONNEY moved to approve the agenda.
LLLL VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
None.
AWARDS AND PRESENTATIONS
Manager Cassidy presented the Employee of the Quarter Award for the fourth quarter of 2013
to John Rhines, PC Network Tech II, in the Information Technology department.
Mayor Friend proclaimed the month of January 2014 as National Stalking Awareness Month
and applauded the efforts of the many victim service providers, police officers, prosecutors,
national and community organizations, and private sector supporters for their efforts in
promoting awareness about stalking.
CITIZENS' COMMENTS
Judi Kidder spoke on the Borough's use of the Facilities Fund.
Marie Rice, Tatiana Schneider, Sydney Mutch, and Mallory Arnold spoke in support of
Resolution No. FY2014-23.
Zachery Lloyd spoke to the lack of affordable housing in Kodiak and in opposition of current
zoning codes regarding the use of recreational vehicles on private property. Mayor Friend
encouraged Mr. Lloyd to present his comments to the Planning and Zoning Commission.
Kodiak Island Borough Assembly Minutes
January 16, 2014 Page 1313
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COMMITTEE REPORTS
Assembly member Lynch reported on the Kodiak Fisheries Work Group meeting held on
January 6. She announced the deadline for receiving proposals for the Fisheries Analyst RFP
was Friday, January 17. The next meeting was scheduled on Monday, January 27 at 8:30 a.m. J
in the Borough Conference Room.
PUBLIC HEARING
1. Ordinance No. FY2014-01 C Amending Ordinance No. FY2014-01 by Amending the Budgets
for the Landfill Lateral Expansion Project Phase III Due To Increased Project Cost 0
Estimates.
KAPLAN moved to adopt Ordinance No. FY2014-01C.
The budget amendment would increase the Landfill Lateral Expansion Project by $3,357,452.
Bids for Landfill Lateral Expansion Phase III Project were opened on Wednesday, December
11, 2013. Based on the bid results the total project cost would increase to $32,000,000. The
additional $3,357,452 project costs would be funded by an amendment to the Alaska Clean
Water Fund Loan per Resolution No. FY2014-20, adopted by the Assembly on November 7,
2013.
Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the
public hearing.
ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Bonney, Kaplan, Lynch, and
Peterson (Ayes); Stephens (No).
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BOROUGH MANAGER'S REPORT
Manager Cassidy reported on the following:
• Payment in Lieu of Taxes (PILT) issue update. There was a good chance PILT could be
funded through the Farm Bill.
• Staff was preparing posters for the Community Legislative Reception in Juneau on
February 27. The top project to be highlighted at the event was the Landfill Expansion
project.
• Open house for Long-Term Care Facility was scheduled on Saturday, February 8.
• Finance Director Short was in New York working with the Bond Bank for the purpose of
attempting to increase the bond rating to AA for a cost savings to the Borough.
MESSAGES FROM THE BOROUGH MAYOR
None. �J
UNFINISHED BUSINESS
None.
NEW BUSINESS 1
Contracts
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1. Contract No. FY2014-23 Agreement for Code Compliance Review Services for the Kodiak
Landfill Lateral Expansion Phase III Leachate Treatment Plant Facility Design Documents.
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January 16, 2014 Page 1314
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LYNCH moved to authorize the manager to execute Contract No. FY2014-23 with PC
Associates of Orange, California for Code Review Services for the Kodiak Landfill Lateral
Expansion Phase III Leachate Treatment Plan Facility Design Documents in an amount not to
j exceed $35,350.
Engineering/Facilities staff discussed the need for a Code Compliance Review with the local
building officials. The Code Compliance Review was normally outsourced by the local building
official to verify that the building would meet all code requirements and fees were charged to the
project. Considering all factors involved in the project the consensus from a risk, cost, and
quality control perspective was that the proposed reviews from a third party would provide value
to the project.
PC Associates was recommended as a leading firm in design review and reporting. The firm
provided a thorough interdisciplinary review methodology as described in the proposal.
References were checked with consultants and firms in the business of delivering large projects
resulting in positive responses. PC Associates specialized in plan review and had performed
their services throughout the west since 1989.
In accordance with KIBC 3.30.070(A) which allowed for the exception to the procurement rules
for contracts for professional or unique services, staff recommended authorizing the manager to
enter into a professional services agreement with PC Associates for the services outlined in the
proposal.
ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Kaplan, Lynch, Peterson, and
Bonney (Ayes); Stephens (No).
2. Contract No. FY2014-24 Landfill Lateral Expansion Phase III Leachate Treatment Plant.
LYNCH moved to authorize the Manager to execute Contract No. FY2014-24 with ASRC SKW
Eskimos, Inc. of Anchorage, Alaska for the Kodiak Lateral Landfill Leachate Treatment Plant
Construction in an amount not to exceed $9,327,000.
The contract was for the Kodiak Landfill Lateral Expansion Phase III Treatment Plant Project as
provided in the construction documents prepared by CH2MHill, Inc. The construction
documents, bid documents, and associated addenda were available for review.
Bids were received in response to the Borough's Invitation to Bid dated November 7, 2013. Four
Qbids were opened on December 11, 2013. After reviewing bids, staff determined that ASRC
SKW Eskimos, Inc. of Anchorage, Alaska was the responsible bidder having submitted the
lowest responsive bid. The bid tabulation was provided to the Assembly.
ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Lynch, Peterson, Bonney, and
Kaplan (Ayes); Stephens (No).
3. Change Order No. 6 Amending Contract No. FY2014-13 Architectural and Engineering
Services Term Contract for Design and Construction Administration for the Chiniak
Underground Storage Tank Replacement Project.
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LYNCH moved to authorize the Manager to execute Change Order No. 6 Amending Contract
No. FY2014-13 with Jensen Yorba Lott, Inc. of Juneau, Alaska for Architectural and Engineering -,
Services Term Contract in an amount not to exceed $53,411.
The Borough had a term contract with Jensen Yorba Lott, Inc. (JYL) for architectural and
engineering services. The change order would authorize JYL to proceed with design and
construction administration work for the Chiniak UST Replacement project. The scope of this
project was closure-in-place of an existing 10,000 gallon underground fuel tank, closure, and
removal of an existing 500 gallon underground fuel tank, and installation of a new aboveground ED
3,000 gallon fuel tank.
JYL was previously authorized to start pre-design work on the Chiniak UST project, which
included site visits and preparation of materials necessary to obtain Alaska Department of
Environmental Conservation (ADEC) permits. The pre-design work was completed.
The change order would authorize JYL to proceed with design and construction administration
work for the Chiniak UST project, including the production of construction documents for bidding
purposes, answering contractor questions during bidding and construction, and providing ADEC
mandated decommissioning plans, soil sampling, and reporting.
ROLL CALL VOTE ON MOTION FAILED THREE TO TWO: Peterson, Kaplan, and Lynch
(Ayes); Bonney and Stephens (No).
Resolutions [ 1
1. Resolution No. FY2014-23 Supporting the Reinstatement of a Fulltime Cooperative
Extension Agent from the University of Alaska Fairbanks to Kodiak.
KAPLAN moved to adopt Resolution No. FY2014-23.
The resolution was requested by Mr. Lorne White and was also discussed at the January 9
Assembly work session. The resolution was requesting the Kodiak State Representative and
State Senator to fully fund a cooperative extension agent in Kodiak in the amount of at least
$92,100 per year starting in July 2014 (FY2015).
A similar resolution (Resolution No. FY2010-27) was adopted by the Assembly in February
2010. Upon adoption, the resolution would be forwarded to the Governor, the Kodiak State
Legislature, and the University of Alaska Board of Regents.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Bonney, Kaplan,
Lynch, and Peterson.
2. Resolution No. FY2014-24 Authorizing the Borough to Issue General Obligation School
Bonds in the Principal Amount Not to Exceed $25,000,000 to Provide Funds for School and )
Related Capital Improvements in the Borough and to Pay Costs of Issuing the Bonds, Fixing
Certain Details of Such Bonds, Authorizing Their Sale, and Providing for Related Matters.
KAPLAN moved to adopt Resolution No. FY2014-24.
Kodiak Island Borough Assembly Minutes
January 16, 2014 Page 1316
Alaska Statutes Section 29.47.410 provides that the Assembly by resolution may provide for the
r j form and manner of sale of bonds and notes. Pursuant to Borough Ordinance No. FY2010-03,
adopted August 6, 2009, the question of whether the Borough should issue not to exceed
$76,310,000, in general obligation bonds for the purpose of paying the cost of planning,
designing, and constructing school and related capital improvements in the Borough, including
without limitation, the reconstruction and renovation of the Kodiak High School, was presented
to the voters at the regular Borough election held on October 6, 2009, as Proposition No. 1
("Proposition 1"). Proposition 1 was passed and approved by the voters.
The Assembly found that it was in the best interest of the Borough to plan, design, and construct
the school capital improvements described in Proposition 1 as the reconstruction and renovation
of the Kodiak High School (the "Project"), and to issue not to exceed $25,000,000 principal
amount of general obligation bonds referred to in Proposition 1, to pay part of the costs of the
Project and costs of issuing the bonds.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Kaplan, Lynch, Peterson,
and Stephens.
3. Resolution No. FY2014-25 Establishing the Travel Policy of Assembly Members as Liaisons
to Rural Communities.
PETERSON moved to adopt Resolution No. FY2014-25.
The resolution was sponsored by Assembly member Griffin. It recognized the vital importance of
establishing and maintaining strong working relationships with the Borough's rural communities
as a key component of sustainable governance. The resolution would allow Assembly
members, serving as liaisons to the rural communities, permission to travel to their rural
community assignments at least twice per year.
ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Kaplan, Lynch, Peterson, and
Bonney (Ayes); Stephens (No).
Ordinances for Introduction
None.
Other Items
None.
CITIZENS' COMMENTS
Marion Owen thanked the Assembly for its support on Resolution No. FY2014-23.
Judi Kidder spoke to the efforts of the Clean-up Kodiak group and encouraged the Borough to
place a dumpster at Mill Bay Beach to allow the public to properly dispose of trash when visiting
the beach.
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January 16, 2014 Page 1317
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ASSEMBLY MEMBERS' COMMENTS
Assembly members Kaplan, Lynch, and Peterson congratulated John Rhines, Employee of the
Quarter Award recipient.
Assembly member Peterson thanked those who addressed the Assembly during Citizens
Comments, specifically Mallory Arnold, Sydney Mutch, and Tatiana Schneider.
Assembly member Bonney addressed the comments made regarding the Facilities Fund and
spoke in support of staff efforts regarding the funds. 0
Assembly member Stephens spoke to the Facilities Fund, addressed concerns regarding an
event at the last work session where a point of order was made, and expressed concerns
regarding the lack of monthly financial reports and the lateness of the annual budget report. He
also spoke against sending money off-island for jobs that could be possibly done locally,
requested that the Assembly disregard the three minutes allowed for citizens comments at
meetings, and addressed comments expressed by Mr. Lloyd regarding recreational vehicles
used on private property.
Announcements — Mayor Friend
Mayor Friend announced that the Borough offices would be closed on Monday, January 20 in
observance of Martin Luther King Day.
The next Assembly work session was scheduled on Thursday, January 30 at 7:30 p.m. in the I�
Borough Assembly Chambers. The next regular meeting was scheduled on Thursday, February
6 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, Peterson, Stephens,
Bonney, and Kaplan.
The meeting was adjourned at 8:49 p.m.
KOD • KISL/Na :OROUGH
i Ej ' ?
ATj/fl/7t. � al ! errol Frie .;Borough Mayor
I
Nova . Javier, MMC, Boro k h Clerk Approved on: February 6, 2014
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