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2015-08-06 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting August 6, 2015 A regular meeting of the Kodiak Island Borough Assembly was held on August 6, 2015, 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 Aaron Griffin, Larry LeDoux, Chris Lynch, Frank Peterson, Dan Rohrer, Rebecca Skinner, and Dennis Symmons. Also present were Borough Manager Bud Cassidy, Assessor Bill Roberts, Community Development Director Bob Pederson, Borough Clerk Nova Javier, and Assistant Clerk Angela MacKenzie. APPROVAL OF AGENDA AND CONSENT AGENDA PETERSON moved to approve the agenda and consent agenda. PETERSON moved to amend the agenda by removing Item 15.13 Borough Clerk's Performance Evaluation. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Griffin, LeDoux, Lynch, Peterson, Rohrer, Skinner, and Symmons. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: LeDoux, Lynch, Peterson, Rohrer, Skinner, Symmons, and Griffin. APPROVAL OF MINUTES Regular Meeting Minutes of July 2, 2015, were approved under the consent agenda. AWARDS AND PRESENTATIONS The presentations of the Employee of the Quarter Award and the Longevity Award were postponed to the August 20, 2015 regular meeting. CITIZENS' COMMENTS Judi Kidder expressed appreciation to the Assembly, Planning and Zoning Commission (P&ZC) and staff for the efforts on Ordinance Nos. FY2016-03 and FY2016-04. Paul VanDyke commented and gave suggestions in support on Ordinance No. FY2016-05. Teri Storch spoke to the effect on the community regarding the closure of Jackson's Mobile Home Park (JMHP). Jeremy Williamson, AIM Maintenance Owner, spoke in support of re-advertising for bids for Contract No. FY2016-05. Kodiak Island Borough Assembly Regular Meeting Minutes August 6, 2015 Page 1535 COMMITTEE REPORTS Assembly member Lynch reported on the Kodiak Fisheries Work Group (KFWG) meeting of August 5 and mentioned a second community forum would take place in September 2015. She spoke on a letter regarding NOAA-NMFS-2014-0150 that would come before the Assembly for approval before the deadline of August 28. She also spoke of the progress made on the Economic Analysis Consulting Services RFP and that the KFWG would bring forward a recommendation to the Assembly. Assembly member Rohrer provided updates from the School Board meeting about Borough owned facilities. He also reported on the Solid Waste Advisory Board (SWAB) meetings and spoke to preparations for a new solid waste contract. PUBLIC HEARING 1. Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17.50 C-Conservation District and Chapter 17.130 PL—Public Use Lands District To Allow the Temporary Storage of Mobile Homes Displaced Under AS 34.03.225 to be Stored on Sites Zoned C-Conservation or PL- Public Use Lands. LEDOUX moved to adopt Ordinance No. FY2016-03. The announced closure of Jackson's Mobile Home Park (JMHP) would force mobile home owners in the park to relocate their homes. Since there were limited permanent locations for displaced mobile homes to relocate to, there was a potential need for temporary storage of mobile homes until the owners were able to secure a permanent location. Currently, outdoor storage was only allowed in the business and industrial zoning districts. These zoning code amendments would increase potential storage areas by allowing the temporary storage of displaced mobile homes in the C- Conservation and PL-Public Use Lands zoning districts. The P&ZC held a public hearing on the amendments at a special meeting on July 8, 2015 and a second public hearing at a regular meeting on July 15, 2015. Fallowing the July 15, 2015 public hearing, the Commission vote to recommend that the Assembly approve an ordinance amending KIBC Title 17 Zoning, Chapters 17.50 C-Conservation District and 17.130 PL-Public Use Lands District to allow mobile homes displaced under AS 34.03.225 to be temporarily stored on sites zoned C-Conservation and PL- Public Use Lands. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, Skinner, Symmons, Griffin, and LeDoux. 2. Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17.140 Existing Nonconforming Uses And Structures to Allow Mobile Homes Displaced Under As 34.03.225 to Relocate Within Existing Nonconforming Mobile Home Parks. ROHRER moved to adopt Ordinance No. FY2016-04. Kodiak Island Borough Assembly Regular Meeting Minutes August 6, 2015 Page 1536 The announced closure of JMHP would force mobile home owners in the park to relocate their homes. New permanent locations for those displaced mobile homes were currently limited. All but one of the other mobile home parks in Kodiak were nonconforming land uses and several had existing spaces that could be occupied if the nonconforming standards of the code did not prohibit expanding nonconforming land uses. These zoning code amendments would eliminate the regulatory hurdle that currently prevented mobile homes displaced from JMHP to relocate to other existing mobile home parks. The P&ZC held a public hearing on the amendments at a special meeting on July 8, 2015 and a second public hearing at a regular meeting on July 15, 2015. Following the July 15, 2015 public hearing, the Commission voted unanimously to recommend that the Assembly approve an ordinance amending KIBC Title 17 Zoning, Chapter 17.140 Existing Nonconforming Uses and Structures to allow mobile homes displaced under AS 34.03.225 to relocate within existing nonconforming Mobile Home Parks. The Assembly clarified that the sunset clause was to allow the trailers that were moved into the park to remain past 2018 and the ordinance specifically addressed for mobile homes displaced due to the JMHP closing. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARMED UNANIMOUSLY: Peterson, Rohrer, Skinner, Symmons, Griffin, LeDoux, and Lynch. 3. Ordinance No. FY2016-05 Submitting to the Qualified Voters on the October 6, 2015 Ballot in Each Area Affected by the Ordinance the Question of Altering the Boundary of Road Service Area No. 1. LEDOUX moved to adopt Ordinance No. FY2016-05. Otmeloi Road was a State owned road and there was an opportunity to make substantive improvements to it. The State would contract the work to make improvements with the stipulation that the Kodiak Island Borough, by Service Area No. 1, would take ownership of the road along with future maintenance responsibilities. There were currently five properties outside the service area boundary on Otmeloi Way that were to be included into the service area. The Borough code provided that an alteration to a service area would be initiated by ordinance and the alteration would not be effective unless it was approved by a majority of the qualified voters voting on the question. The affected area was the entire Service Area No. 1 and those lots being added to the service area. An informational letter was sent to the property owners on Otmeloi way and a copy was provided to the Assembly. During agenda setting, the Mayor and Dep6ty Presiding Officer suggested the addition of Tract B Miller Point Alaska Subdivision be added to the Service Area. Tract B was owned by the Kodiak Island Borough and contiguous to those properties fronting Otmeloi Way and would be accessed via Otmeloi Way if developed. Kodiak Island Borough Assembly Regular Meeting Minutes August 6, 2015 Page 1537 Manager Cassidy reported the urgency of the project had changed and the Borough had a year to get the proposition to the voters and recommended the ordinance be postponed. ROHRER moved to postpone indefinitely Ordinance No. FY2016-05. ROLL CALL VOTE ON MOTION TO POSTPONE INDEFINITELY CARRIED UNANIMOUSLY: Rohrer, Skinner, Symmons, Griffin, LeDoux, Lynch, and Peterson. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Metals removed from rural communities • Removal of contaminated soil from an underground tank at the Kodiak High School • Incinerator usage fee to the Borough • City of Kodiak was leasing more office space in the Borough building • Code Enforcement Officer would be retiring soon • Fire Chief position at Bayside was delayed • Rassmussen's Mobile Home Park was looking to expand MESSAGES FROM THE BOROUGH MAYOR Mayor Friend reported he had met with Murkowski on subsistence and the process of classifying rural vs. non rural had stayed the same. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2016-11 Borough Facilities No.1 Heating Fuel Oil Delivery,. PETERSON moved to authorize the Manager to execute Contract No. FY2016-11 to Petro Marine Services for No. 1 heating fuel delivery to Borough Facilities for a three-year term based on the margin of 0.486 cents above the average monthly OPIS quoted price. The contract would supply and deliver No.1 heating oil to Borough facilities, which included the Landfill/Baler Equipment, Aux Building, Chiniak Tsunami Shelter, Womens Bay Fire Station, Bayside Fire Station, and other rental facilities, such as the cottage building (720 Egan). The benefit of the bid process was to combine the quantity of heating fuel needed for the facilities with the quantities of fuel needed by the School District and the Hospital, for a bulk purchase. Each entity was responsible for paying the fuel bills for its respective facilities, but because it was bid together the Borough was able to receive a price break for the large quantities purchased. This was important for an item that was a commodity where market value fluctuated drastically. The Borough consumed approximately 14,300 gallons a year of No. 1 heating fuel in the facilities. The bidding process was performed by the School District. Bid proposal instructions required vendors to use an industry base cost (known as the Seattle OPIS price,that was a daily posted price of heating fuel in Seattle). On top of the OPIS price each vendor added its margin or price to do business. The decision to award a contract was not based on the cost of the fuel cost, but on the bidder's margin. The vendor that offered the�lowest margin was selected to supply the Kodiak Island Borough Assembly Regular Meeting Minutes August 6, 2015 Page 1538 fuel. That way, as the market price of fuel increased and decreased, the margin cited in the bid offering remained the same. The bid packet for the heating fuel went out for a three-year contract. Results came back with two bidders having different margins for No. 1 and No. 2 heating fuel. With that difference the Borough chose to split the contracts between the two bidders for No.1 and No. 2 as that was an option within the bidding documents. The lowest margin offered for No. 1 fuel was 0.486 cents. Those were the same terms the School District 'selected when it approved its heating fuel contracts with Petro Marine Services at its last meeting. The expenditure required for the contract was $32,868.55. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Griffin, LeDoux, Lynch, Peterson, and Rohrer. 2. Contract No. FY2016-12 Borough Facilities No. 2 Heating Fuel Oil Delivery. LYNCH moved to authorize the Manager to execute Contract No. FY2016-12 to Petro Star Inc. for No. 2 heating fuel delivery to Borough Facilities for a three-year term based on the margin of 0.4846 cents above the average monthly OPIS price quoted. The contract would supply and deliver No. 2 heating oil to Borough facilities, which included the Landfill/Baler Building, Borough Building, Kodiak Fisheries Research Center and Dorm Facility, and the new Maintenance Building. The benefit of the bid process was that the Borough combined the quantity of heating fuel needed for the Borough facilities with the quantities of fuel needed by the School District and the Hospital, for a bulk purchase. Each entity was responsible for paying the fuel bills for its respective facilities, but because it was bid together the Borough was able to receive a price break for the large quantities purchased. That was important for an item that was a commodity where market value fluctuated drastically. The Borough consumed approximately 101,800 gallons a year of No. 2 heating fuel in the facilities. The bidding process was performed by the School District. Bid proposal instructions required vendors to use an industry base cost (known as the Seattle OPIS price). On top of the OPIS price each vendor added its margin or price to do business. The decision to award a contract was not based on the cost of the fuel cost, but on the bidder's margin. The vendor that offered the lowest margin was selected to supply the fuel. That way, as the market price of fuel increased and decreased the margin cited in the bid offering remained the same. The bid packet for the heating fuel went out for a three year contract. Results came back with two bidders having different margins for No. 1 and No. 2 heating fuel. With that being different this year the Borough chose to split the contracts between the two bidders for No. 1 and No. 2 fuels as was an option within the bidding documents. The lowest margin offered for No. 2 fuel was 0.4846 cents. Those were the same terms the School District selected when it approved its heating fuel contracts with Petro Star Inc. for their No. 2, heating fuel at its last meeting. The expenditure required for the contract was $276,946. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Griffin, LeDoux, Lynch, Peterson, Rohrer, and Skinner. Kodiak Island Borough Assembly Regular Meeting Minutes August 6, 2015 Page 1539 3. Contract No. FY2016-13 Aerial Imagery Acquisition. PETERSON moved to authorize the Manager to execute Contract No. FY2016-13 with Kodiak Mapping of Palmer, Alaska for Aerial Imagery Acquisition in an amount not to exceed $70,000. The contract was for the acquisition of aerial imagery for the southeastern section of the Kodiak Island archipelago. The area was the continuation of the multi-year imagery acquisition plan developed by the Borough's Information Technology (IT) department with input from the Assessing, Community Development, and Finance departments. The imagery acquisition plan was outlined in the Borough's GIS Strategic Plan. Imagery in the GIS system was used on a daily basis by the Borough to create digital, hard copy, and online maps to support zoning, engineering, emergency planning, land use analysis, property addressing, and assessment efforts of all the Borough departments. By collecting designated areas of the Borough each year, the imagery acquisition schedule maintained a level budget, ensured adequate and accurate coverage, and supported the efforts of the Assessing Department as schedule remote assessment trips. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Lynch, Peterson, Rohrer, Skinner, and Symmons. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2016-02 Amending Title 2 Administration and Personnel by Adding Chapter 2.160 Borough Lands Committee. PETERSON moved to adopt Ordinance No. FY2016-02 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Borough Lands Committee ordinance was requested by Mayor Friend. The Committee would be responsible for review of real property acquisition and disposal of borough land and it would also provide a forum for input and recommendations to the Assembly. The powers and duties of the borough lands committee were: A. Assist in identifying creative and workable solutions to ongoing and emerging issues in selection, acquisition, management, and disposal of borough real property and resources. B. Provide input for potential land sale plans. C. Provide input for utilization of borough land that achieves multiple land and housing options. D. Collaborate and seek input with private land owners when considering whether borough land should be developed. E. Provide for balanced consideration and representation of the viewpoints, problems and issues regarding borough real property and resources. F. Provide a forum for discussing development of specific sites and projects. Kodiak Island Borough Assembly Regular Meeting Minutes August 6, 2016 Page 1540 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Lynch, Peterson, Rohrer, Skinner, Symmons, and Griffin. Other Items 1. Confirmation of the Mayoral Appointment to the Solid Waste Advisory Board (Tia Leber). ROHRER moved to confirm the mayoral appointment of Ms. Tia Leber to the Solid Waste Advisory Board for a term to expire December 31, 2016. There were two at-large vacant seats and a Retail Business Representative vacant seat on the Solid Waste Advisory Board; two seats would expire December 31, 2016 and the Retail Business Representative seat expired December 31, 2015. On June 16, 2015, the Clerk's Office received an application from Ms. Tia Leber indicating her desire to be appointed to one of the vacant seats on the board. The Assembly confirmed the mayoral appointment of Ms. Lieber to an At-Large seat for a term to expire December 2016. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, Skinner, Symmons, Griffin, and LeDoux. 2. Declaring a Seat on the Personnel Advisory Board Vacant (Tom Lacey). LEDOUX moved to accept, with regret, the resignation of Mr. Tom Lacey from the Personnel Advisory Board for a term to expire December 2016, and direct the Clerk to advertise the vacancy per Borough Code. On Monday, July 13, 2015, the Clerk's Office received notification of Mr. Tom Lacey's departure from Kodiak which required his resignation from the Personnel Advisory Board. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Symmons, Griffin, LeDoux, and Lynch. 3. Confirmation of the Assembly Appointments to the Fire Protection Area No. 1 Board (Paul VanDyke and Jeff Halcomb. ROHRER moved to confirm the Assembly appointments of Mr. Paul VanDyke for a seat term ending October 2015 and Mr. Jeff Halcomb for a seat term ending October 2016 on the Fire Protection Area No. 1 Board. There were currently two vacant seats on the Fire Protection Area No. 1 Board (FPA1) for terms ending in October, 2015 and October, 2016. The Clerk's Office received applications from the following: • Douglas Payelle on May 7, 2015 • Paul VanDyke on May 22, 2015 • Andrew DeVries on June 1, 2015 • Jeff Halcomb on July 20, 2015 Kodiak Island Borough Assembly Regular Meeting Minutes August 6, 2015 Page 1541 The FPA1 Board recommended Paul VanDyke to fill the seat term ending October 2015 and Jeff Halcomb to fill the seat term ending October, 2016. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Symmons, Griffin, LeDoux, Lynch, and Peterson. CITIZENS' COMMENTS Paul VanDyke spoke in support of Ordinance No. FY2016-05. Juddi Kidder expressed appreciation for passing Ordinance Nos. FY2016-03 and FY2016-04. She also spoke to the importance of public attendance at meetings held by SWAB. Scott Arndt commented on Ordinance No. FY2016-05 and was willing to work with the board for further changes. Teri Storch spoke to options available for mobile homes. Steven Tauffen commented on the Economic Analysis Consulting RFP. EXECUTIVE SESSION 1. Discuss Litigation, Trial Strategy, and Tactics Regarding the Markham Case and Litigation Update Regarding the Wren Case. PETERSON moved to convene into executive session to discuss Litigation, Trial Strategy, and Tactics Regarding the Markham Case and Litigation Update Regarding the Wren Case. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Griffin, LeDoux, Lynch, Peterson, and Rohrer. ROHRER moved to invite the Borough Mayor, Assembly, Manager, Assessor, Attorney via teleconference, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Griffin, LeDoux, Lynch, Peterson, Rohrer, and Skinner. After the vote, Mayor Friend recessed the regular meeting at 8:54 p.m. and convened the executive session. Clerk's Note: After discussion on the Markham case Borough Assessor Roberts was excusedfrom the executive session and Community Development Director Pederson was invited into executive session to discuss the Wren case. Upon returning from the executive session, Mayor Friend reconvened the regular meeting and announced no action was to be taken as a result of the executive session. ASSEMBLY MEMBERS' COMMENTS Assembly member LeDoux expressed appreciation for the community presentations being scheduled during regular meetings, thanked Paul VanDyke and the Borough for diligently working toward getting the regular meetings televised. He also talked about the inadequacies of the salary Kodiak Island Borough Assembly Regular Meeting Minutes August 6, 2015 Page 1542 schedule and asked that discussion be added to a future agenda with a report from administration. He would like to see conversations between North Star Elementary School and Service Area No. 1 Board regarding road maintenance. Assembly member Symmons expressed gratitude to the public. Assembly member Rohrer welcomed Assembly member Symmons. He also notied that the Attorney's visit was personally paid for by the Attorney and was not funded by the Borough. Assembly member Peterson mentioned Business After Hours was being hosted by the Kodiak Island Housing Authority on Friday, August 7. The community event Warm August Nights hosted by the Kodiak Lions Club was Saturday, August 8 and benefited the Kodiak Food Bank. He announced the annual business meeting of the Alutiiq Museum was August 22 and reminded everyone that the election season was starting. Assembly member Skinner encouraged the citizens to run for office in the upcoming election. Assembly member Griffin thanked P&ZC and the CDD department for their expedient work. Announcements—Mayor Friend The next Assembly work session would be held on Thursday, August 13 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, August 20 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT PETERSON moved to adjourn the meeting at 10:22 p.m. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Lynch, Peterson„ Rohrer, Skinner, and Symmons. KODIAK ISLAND BOROUGH ATTEST- r oidiend, ayor No a M. Javier, MMC, Boroug r rov n: September 3, 2015 Kodiak Island Borough Assembly Regular Meeting Minutes August 6, 2015 Page 1543