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2015-10-01 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting October 1, 2015 A regular meeting of the Kodiak Island Borough Assembly was held on October 1, 2015, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was tailed 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, Chris Lynch, Dan Rohrer, and Dennis Symmons. Also present were Administrative Official Bill Roberts, Borough Clerk Nova Javier, and Assistant Clerk Angela MacKenzie. ROHRER moved to excuse Assembly members Larry LeDoux, Frank Peterson, and Rebecca Skinner who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA ROHRER moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Mayor Friend proclaimed the month of October 2015 as Filipino American National History Month as established by the trustees of the Filipino American National Historical Society. Mayor Friend proclaimed the month of October 2015 as Domestic Violence Awareness Month in Kodiak and encouraged all citizens of Kodiak to actively support and participate in the ongoing programs designed to reduce and eventually eliminate violence as a social problem. Mayor Friend proclaimed the month of October 2015 as Fire Prevention Month and encouraged all citizens to test their smoke alarms at least every month and to support the many safety activities and efforts of the Borough fire and emergency services during the month. , Mayor Friend proclaimed the week of September 27 through October 3, 2015 as Childhood Cancer Awareness Week. Kodiak Island Borough Assembly Regular Meeting Minutes October 1, 2015 Page 1571 CITIZENS' COMMENTS Stephen Tauffen thanked the Assembly for ensuring the comments submitted to the North Pacific Fishery Management Council did not include the September 9 forum summary. Betty MacTavish, thanked Assembly member Griffin for his support in rescinding Ordinance No. 2015-05 and also for supporting efforts making all work places 100% smoke free. She noted his great leadership and service to the Kodiak community. Judy Kidder congratulated the outgoing assembly members for the many hours and hard work they had committed. She commented that the City ordinance prohibiting mobile homes on properties within the City was unconstitutional and should be reviewed. Mel Stephens urged the Assembly to remove Resolution No. FY2016-13 noting there was a need for careful consideration of the conservation easement. Dave Masinter spoke about the displacement of mostly cannery workers currently living in Jackson Mobile Home Park (JMHP) and advocated that land be made available to them so they could move their homes. Christopher Brown commented to the effect of closing down JMHP which would create serious issues in the community. Andy Schroeder spoke in support of Resolution No. FY2016-13 noting that the opportunity may not come again. Pam Foreman spoke in support of Resolution No. FY2016-13 and FY2016-14 which would allow the Exxon Valdez Oil Spill (EVOS) Land Trust to do their due diligence continuing on with the process. Neal Cooper urged the Assembly to extend help to the JMHP noting his personal experience with homelessness. He asked the Borough Assembly to not take on any more debt to ease the tax burden. Jonathan Stronq was encouraged by the presentation of Mr. Bruce Lamoureax from Providence Health Care which touched on the importance of keeping patients in Kodiak where they would be near their support systems. Deb Houlden-Enqvall Advocated continued discussion of the Leisnoi easements and commented the community partnership with the Hospice and Palliative care would make a change in the lives of the people. Unidentified Caller spoke in support of Resolution Nos. FY2016-13 and FY2016-14 noting that it would be a shame to lose the opportunity to move forward with the process. COMMITTEE REPORTS None. Kodiak Island Borough Assembly Regular Meeting Minutes October 1, 2015 Page 1572 PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Administrative Official Roberts reported on the following: • A private landing craft owner (Polar Bear) took 20 tons of scrap metals from Ouzinkie to Anchorage free of charge P • Gave an update to the Anton Larsen Dock project • Department of Education had approved the Borough's plan for an RFP for playground equipment from a specific provider for six playgrounds mostly in the villages MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2016-24 Baler Building Floor Replacement Project. LYNCH moved to authorize the Manager to execute Contract No. FY2016-24 with Diversified Construction, Inc. of Eagle River, Alaska for the Baler Building Floor Replacement project in an amount not to exceed $91,470. KIBC 3.30.020 Limitation on manager's authority states that a contract exceeding $25,000 requires Assembly approval. The purpose' of the project was to remove and replace existing concrete topping in the Baler Building. Solid waste materials delivered to the Landfill were dumped onto a concrete "tipping" floor in the Baler Building, and then pushed with a small loader into a feed bin. The tipping floor was a 4" concrete slab with an approximately 2" concrete topping. The combination of loader use, impact of heavy materials, along with the corrosive nature of waste on the tipping floor, has caused the concrete topping surface to wear, especially in the area immediately in front of the feed bin. The concrete topping was last replaced in 2007, and was in need of replacement again. Staff issued a bid package for the project in May 2015, and bids were due June 16, 2015. No bids were received and in August 2015, the bid package was re-advertised in accordance with KIBC 3.30.050 Processing of bids (E). Bids were due on September 10, 2015, and four bids were received. Staff determined that Diversified Construction, Inc. of Eagle River was the lowest responsive bidder. A copy of the bid tabulation was provided in the packet. The proposed contract included replacement of an approximately 1,200 square foot area directly in front of the feed bid, and alternates for an additional 120 square foot section of floor and replacement of the control room window used by staff to monitor trash disposal. Funds for the project were included in the FY2016 Landfill budget. Kodiak Island Borough Assembly Regular Meeting Minutes October 1, 2015 Page 1573 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Lynch, Rohrer, and Symmons. Resolutions 1. Resolution No. FY2016-13 Supporting Negotiations Between the Borough and Leisnoi Native Corporation to Develop the Terms of a Conservation Easement for Habitat Preservation and Public Access on Land at Termination Point. LYNCH moved to adopt Resolution No. FY2016-13. The Borough had been provided an opportunity to sponsor a conservation easement on a large parcel of land in private ownership commonly referred to as Termination Point. As described in the attached backup material (previously presented to the Assembly at the work session on September 10, 2015), the purpose of the easement would be to preserve certain habitat values for species that were injured during the Exxon Valdez Oil Spill. The easement would restrict development of the land, but would allow certain traditional uses for the land owner. An additional benefit the easement would provide was the creation of public access on these lands. Negotiations between the sponsor (Borough) and land owner (Leisnoi, Inc.) would be facilitated by the Great Land Trust which had a great deal of experience in these matters. The facilitation would include determining the value of the easement and presenting the easement to the Exxon Valdez Oil Spill Trustee Council for approval and funding. It was not expected that the management of easement land at Termination Point would have a substantial impact on the Borough budget or risk management liability. Assembly member Symmons noted that the Assembly should focus on the principle and suggested slowing down the process. Assembly member Lynch commented that this was an opportunity to collaborate with Leisnoi and this was just the first step in the process of the project. Assembly member Griffin echoed the expressed sentiments of public members regarding the conservation easements and possibility of locking up the land forever. GRIFFIN moved to postpone Resolution No. FY2016-13 to the October 15 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Lynch, Rohrer, Symmons, and Griffin. 2. Resolution No, FY2016-14 Supporting Negotiations Between the Borough and Leisnoi Native Corporation to Develop the Terms of a Conservation Easement for Habitat Preservation and Public Access on Land at Long Island. LYNCH moved to adopt Resolution No. FY2016-14. Kodiak Island Borough Assembly Regular Meeting Minutes October 1, 2015 Page 1574 The Borough had been provided an opportunity to sponsor a conservation easement on a large ` parcel of land in private ownership commonly referred to as Long Island. As described in the attached backup material (previously presented to the Assembly at the work session on September 10, 2015), the purpose of the easement would be to preserve certain habitat values for species that were injured during the Exxon Valdez Oil Spill. The easement would restrict development of the land, but would allow certain traditional uses for the land owner. An additional benefit the easement would provide was the creation of public access on these lands. Negotiations between the sponsor (Borough) and land owner (Leisnoi, Inc.) would be facilitated by the Great Land Trust which had a great deal of experience in these matters. The facilitation would include determining the value of the easement and presenting the easement to the Exxon Valdez Oil Spill Trustee Council for approval and funding. It was not expected that the management of easement lands at Long Island would have a substantial impact on the Borough budget or risk management liability. The parcel would present some specific challenges to management however in that the land was not connected to the Kodiak °road system". In addition, the Great Land Trust would need to conduct environmental studies based on past hazardous waste discoveries and cleanup. The information would help the borough to analyze any future risk based upon these studies. Assembly member Rohrer appreciated the time frame provided by Great Land Trust and noted the ability of the public to express concerns and the allowance of ample time for comments. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Symmons, Griffin, and Lynch. Ordinances for Introduction 1. Ordinance No. FY2016-08 Rezoning Lot 3A, Block 2, Tract F, Old Harbor Subdivision from R1-Single-family Residential District to R2-Two-family Residential District (P&Z Case No. 16-002). LYNCH moved to adopt Ordinance No. FY2016-08 in first reading to advance to public hearing at the next regular meeting of the Assembly. The rezone request was part of an effort by the Kodiak Island Housing Authority (KIHA) to provide affordable housing in the City of Old Harbor. KIHA had four low income families on a waiting list for housing in that community. All residential land in Old Harbor was zoned R1, which limits construction of new housing to single-family residences. Approval of the rezone would allow KIHA to construct a two-family residence that would better accommodate the community's housing needs. The Planning and Zoning Commission held a public hearing on the rezone request at their September 16, 2015 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Griffin, Lynch, and Rohrer. Kodiak Island Borough Assembly Regular Meeting Minutes October 1, 2015 Page 1575 Other Items None. CITIZENS' COMMENTS Judy Kidder supported continuing the hospital lease with Providence. She urged the Assembly to do what was within its powers to enforce what it could regarding the zoning powers being enforced by the City of Kodiak which was outside their authority. Kyle Crow spoke about the work being done by the Planning and Zoning Commission regarding affordable housing, RV park code amendments, planned unit developments, and accessory dwelling units. He advocated simplifying the language in the code to make it easier to read. Martha McKinney spoke regarding the availability of affordable housing and availability of lands. She supported the Assembly looking at the viability of development and seeing the process move forward regarding these issues. ASSEMBLY MEMBERS' COMMENTS Assembly member Lynch appreciated the update during manager's comments. She praised staff for a job well done regarding the shipment of scrap metals from Ouzinkie. She also appreciated seeing the Anton Larsen Bay pictures. Assembly member Symmons was glad there were representatives in the audience to express opinions on different issues. Assembly member Rohrer thanked the Chamber of Commerce and KMXT for the Candidate's;,;,;;,;,, debate. He also was glad to hear about the shipment of scrap metals out of Ouzinkie. Assembly member Griffin thanked Betty McTavish for her comments. He said that he would continue to support the fight for smoke-free work places and would like to see that extended also to homes to protect young children. Announcements —Mayor Friend Mayor Friend announced the next Assembly work session would be held on Thursday, October 8 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, October 15 at 7:30 p.m. in the Borough Assembly Chambers. The Regular Municipal Election would be held on Tuesday, October 6, 2015. Voters were advised if they would be out of town on Election Day, absentee voting was available in the Borough Cleric's Office, Room 101 in the Borough building from 8 a.m. to 5 p.m., through Monday, October 5, 2015, ADJOURNMENT ROHRER moved to adjourn the meeting. Kodiak Island Borough Assembly Regular Meeting Minutes October 1, 2015 Page 1576 LL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Lynch, Rohrer;, and Symmons. The meeting was adjourned at 8:55 p.m. KODIAK IS ID B,PRCYUGH ST: 'Jerrol Friend, Mayor NXYM. Javier, Borough Clerk Approved on: December 3, 2015 Kodiak Island Borough Assembly Regular Meeting Minutes October 1, 2015 Page 1577