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2016-03-03 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting March 3, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on March 3, 2016, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Sergeant Major Dave Blacketer of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank Peterson, Dan Rohrer, Mel Stephens, and Dennis Symmons. Also present were Administrative Official Bill Roberts, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. ROHRER moved to excuse Assembly member Rebecca Skinner who was absent due to her attendance to the Southwest Alaska Municipal Conference (SWAMC). 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. CITIZENS' COMMENTS Judi Kidder commented on the Fire Protection Area No. 1 Board (FPA1) violating Open Meetings Act (OMA) by having an unadvertised meeting. She requested documented training be provided to the board. She mentioned receiving a notice of the appraised value of her property reflecting a zero value and how detrimental that appraisal was to applying for assistance to move her residence. Russell Anderson and Kevin Arndt spoke in opposition of awarding the Contract No. FY2016-39 to AIM Maintenance. Greg Egle, Jeff Stephan, and Bob Brodie expressed gratitude to outgoing Borough Manager Cassidy. Sherri Looman commented on the zero appraisal given her trailer and the difficulty that presented in applying for a loan to move her home. AWARDS AND PRESENTATIONS Mayor Friend proclaimed the month of March 2016 as National Women's History Month and urged residents to increase their knowledge and appreciation of the valuable role women play in our lives. Kodiak Island Borough Assembly Regular Meeting Minutes March 3, 2016 Page 1648 Mayor Friend proclaimed that Kodiak was a municipality that did "Choose Respect" and asked that all residents join in standing up against these crimes, and create a movement across the country that would restore a culture of respect and action for future generations. Mayor Friend presented a plaque of appreciation to outgoing Manager Cassidy. COMMITTEE REPORTS Assembly member Crow provided an update to the Joint Building Code Review Committee meeting from February 24, 2016. Assembly member Rohrer reported on the Borough Lands Committee meeting from March 2, 2016. He reminded the public they were welcome to attend those meetings and that they were scheduled from 12 p.m. until 1 p.m. every first and third Wednesday of the month. PUBLIC HEARING A. Ordinance No. FY2016-13 Amending the Kodiak Island Borough Code Title 2 Administration and Personnel Chapter 2.155 Kodiak Workforce Regional Advisory Council Section 2.155.060 Quorum and Voting Requirements. LEDOUX moved to adopt Ordinance No. FY2016-13. The Kodiak Workforce Regional Advisory Council (KWRAC) met on Tuesday, January 12, 2016. The Council had been inactive for quite some time and during its inactivity, it had been found that there were different interpretations of the code regarding how to meet its quorum. The Council had the opportunity to review the code and requested an amendment to Title 2 Chapter 2.155 Kodiak Workforce Regional Advisory Council Section 2.155.060 Quorum and Voting Requirements to change: A majority of the holders of filled appointed and designated seats shall be a quorum for the transaction of business. That would mean that only those currently filled seats would be counted to account for the determination of quorum as opposed to the entire membership. A legal review was provided to the Assembly regarding the change to make sure that it was not in violation of State Law and Borough Code. Mayor Friend opened the public hearing. Stewart McDonald spoke in support to Ordinance No. FY2016-13 and provided a brief history. Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Stephens, and Symmons. B. Ordinance No. FY2016-14 Repealing Ordinance No. 98-06, Reserving Certain Borough Lands as a Vegetative Screen, and Reserving an Amended Greenbelt Buffer Along the Common Boundary of the Monashka Bay Road Service Area and the Kodiak Island Borough Baler and Landfill. ROHRER moved to adopt KIB Ordinance No. FY2016-14. Kodiak Island Borough Assembly Regular Meeting Minutes March 3, 2016 Page 1649 The Kodiak Island Borough had, by prior agreement with the Monashka Bay Road Service Area Board (MBRSA), provided a vegetative greenbelt buffer between the residential areas of the service area and the noise and activities of the Kodiak Island Borough Landfill. With the development of a new wastewater treatment plant to process landfill leachate, and related survey and zoning boundary amendments, the service area had agreed to support an amendment to the greenbelt boundary so that the greenbelt buffer would not encroach into the Industrial portion of the landfill where the new treatment plant was located. Staff met with the MBRSA on December 9, 2015 and provided several weeks for additional feedback to be received from the community on the issue. The only issue raised pertained to the status of Lot 2, Sawmill Subdivision. That lot had been tentatively identified as an addition to the greenbelt buffer due to proposed zoning changes to Industrial on Lot 1, Sawmill Subdivision. Lot 2, Sawmill Subdivision was pulled out of the proposed greenbelt buffer in order to allow the Borough Lands Committee an opportunity to evaluate the parcel for potential land disposal. The remaining greenbelt buffer description had been reviewed by a surveyor for accuracy and a revised ordinance was now submitted for consideration by the assembly. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: LeDoux, Peterson, Rohrer, Stephens, and Crow (Ayes); Symmons (Noes). C. Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan by Changing the Future Land Use Designation of a t 28.9 Acre Portion of Tract B, U.S. Survey 4793 From Conservation To Industrial/Light Industrial (P&Z Case No. 16-004). LEDOUX moved to adopt Ordinance No. FY2016-15. The request was part of the City of Old Harbor's effort to increase economic development potential in the community. Efforts so far had included improvements to the harbor, dock, and airport facilities. In addition, a Conditional Use Permit was recently approved for a hydroelectric project that was expected to break ground in early 2017. To further improve economic development potential, Old Harbor hoped to rezone the site to [-Industrial to encourage industrial development that would benefit the local economy. Amending the 2008 Comprehensive Plan Future Land Use Designation of the site from Conservation to Industrial/Light Industrial was a necessary prerequisite to rezone the site from R1-Single-family Residential to I-Industrial. If the Future Land Use Designation was changed to Industrial/Light Industrial, the subsequent rezone request would be consistent with the adopted Comprehensive Plan. Should the Comprehensive Plan be amended and the subsequent rezone approved, the City of Old Harbor could then seek permits to establish any permitted or conditional use allowed by the new zoning. The Planning and Zoning Commission held a public hearing on the amendment request at their January 20, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the amendment. Kodiak Island Borough Assembly Regular Meeting Minutes March 3, 2016 Page 1650 Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Stephens, Symmons, Crow, and LeDoux. D. Ordinance No. FY2016-16 Rezoning a t 28.9 acre portion of Tract B, U.S. Survey 4793 From R1-Single-family Residential District To I-Industrial District (P&Z Case No. 16- 009). LEDOUX moved to adopt Ordinance No. FY2016-16. The rezone request followed the request to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Conservation to Industrial/Light Industrial. Should that amendment be approved, the rezone would be consistent with the adopted Comprehensive Plan. The rezone also satisfied the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes. Should the rezone be approved, the City of Old Harbor could then seek permits to establish any permitted or conditional use allowed by the new zoning. The Planning and Zoning Commission held a public hearing on the amendment request at their January 20, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the amendment. The Clerk's Office mailed out 45 public hearing notices on Friday, February 19, 2016. None had been received by the end of business on March 3, 2016. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Stephens, Symmons, Crow, LeDoux, and Peterson. E. Ordinance No. FY2016-17 Amending the Kodiak Island Borough Code Title 5 Business Licenses and Regulations by Creating a New Chapter 5.02 Marijuana Businesses (Opt Out Ordinance). STEPHENS moved to adopt Ordinance No. FY2016-17. The ordinance was requested by Assembly member Stephens which would allow the Kodiak Island Borough to exercise the authority granted by AS 17.38.110(a) so as to prohibit to the broadest extent possible the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana. Mayor Friend opened the public hearing. The following citizens spoke during public testimony for Ordinance No. FY2016-17: Caller Kathy Hansen Short—spoke during citizens comments Innocent Damiano, Neal Cooper, Eric Wood, Susan Hanson Short, Russell Anderson, John Allen Jones, Debra Kirk, Angelie Gransom, Andrew Savlon, Donna Jones, Kerry Kerns, Alexus Kodiak Island Borough Assembly Regular Meeting Minutes March 3, 2016 Page 1651 Kwachka, Joanne Shaker, Stephen Faust, Alexi, Michael Mears, Tim Shapland, Renee Darrenkamp, Judi Kidder, Seraphion McKan, Greg Eagle, Diane Cooney, Gene LeDoux, Monique Lewis, Lisa Schoenick, Jeremiah, and Art Schultz. Mayor Friend closed the public hearing. ROHRER moved to amend Ordinance No. FY2016-17 by substitution. LEDOUX moved to call the question and was seconded by ROHRER. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO TWO: Symmons, Crow, LeDoux, and Rohrer (Ayes); Stephens and Peterson (Noes). ROLL CALL VOTE ON MOTION AS AMENDED CARRIED FOUR TO TWO: Symmons, Crow, LeDoux, and Rohrer (Ayes); Peterson and Stephens (Noes). BOROUGH MANAGER'S REPORT Administrative Official Roberts reported on the following: • Expressed the desire for a quick turnaround in hiring a new Borough Manager. • Inspection at the Long Term Care Facility resulted in some safety fire inspection issues measures are being taken to meet requirements. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend spoke with A-1 Timber regarding the dock lease, which they have for the next 20 years. If a decision was to be made to cut the timber in Chiniak, the process needs to start by May 1, 2016. Options need to be discussed and decided to give notice to A-1 Timber by April 15, 2016. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2016-39 Road Maintenance and Repairs, Snow Removal and Sanding, and Small Projects Under$25,000 for KIB Facilities and Grounds. PETERSON moved to authorize the Manager to execute Contract No. FY2016-39 with AIM Maintenance of Kodiak, Alaska for the KIB Facilities and Grounds Road Maintenance and Repairs, Snow Removal and Sanding, and Small Projects Under$25,000 for time and materials based on the Bid Schedule for the period of March 7, 2016 through September 30, 2016. The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide parking lot snow removal, sanding and maintenance at the KIB schools, Administrative building, KFRC, landfill, and other small projects under$25,000. Five bids were received from Brechan Construction, LLC, AIM Maintenance, B&R Fish by Products Inc., Golden Alaska Excavating, and MK Enterprises, LLC. The bid quotes for individual pieces of equipment to be used on projects provided in the packet. Kodiak Island Borough Assembly Regular Meeting Minutes March 3, 2016 Page 1652 Bid tabulations were completed as per the Request for Proposal (RFP). The bids were analyzed using the totals from the repair and maintenance selection forms to determine the lowest responsive bidder. Questions were raised regarding the low bidder (AIM Maintenance) due to them using 0 for some of their bid prices for equipment and materials. They were contacted by phone first and then backed up with email to verify that they understood the consequences of bidding 0 for the equipment and materials on the maintenance bid schedule. The email traffic on the issue was attached to the packet. Bid tabulations, and responses of the five bidding firms were provided. The Engineering and Facilities Department recommended with reservations to awarding the contract for the KIB Administrative Building and School Maintenance and Repairs, Snow Removal and Sanding, and Small Projects Under$25,000 to AIM Maintenance. The Contract would name AIM Maintenance as the Contractor of the work, and all invoicing, etc. would be provided through the Contractor. The contract was good through September 30, 2016. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Crow, Peterson, Rohrer, Stephens, and Symmons (Ayes); LeDoux (Noes). Resolutions 1. Resolution No. FY2016-29 Adopting a Federal Capital Improvement Program and Identifying Federal Program Priorities for Federal Fiscal Year 2017. PETERSON moved to adopt Resolution No. FY2016-29. The resolution designated the Borough's federal legislative funding priorities for federal fiscal year 2017. The Borough forwarded the list to its congressional delegation in hopes of having the federal government provide part or all of the funding needed to complete the projects and support the programs that had been identified as priorities in our community. STEPHENS moved to amend Resolution No. FY2016-29 by moving items one and two to positions four and five and moving items three, four, and five to positions one, two, and three in section one. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Stephens, Symmons, and Crow. ROHRER moved to further amend Resolution No. FY2016-29 by moving section one to two and section two to one. ROLL CALL VOTE ON MOTION TO FURTHER AMEND CARRIED UNANIMOUSLY: Peterson, Rohrer, Stephens, Symmons, Crow, and LeDoux. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Rohrer, Stephens, Symmons, Crow, LeDoux, and Peterson. Ordinances for Introduction None. Other Items None. Kodiak Island Borough Assembly Regular Meeting Minutes March 3, 2016 Page 1653 CITIZENS' COMMENTS Art Schultz asked for clarification on whether the task force Resolution had been passed with Ordinance No. 2016-17 and thanked Borough Manager Cassidy for his service. Dave Masinter and Judi Kidder spoke to the zero assessment value they were given on their homes. ASSEMBLY MEMBERS' COMMENTS Assembly member Crow thanked the public for the opportunity to serve and expressed gratitude to the citizens who speak up at the meetings. He expressed these were important and difficult issues they were faced with. He was in favor of the pay as you cut for processing the damaged timber in Chiniak. Assembly member Stephens stated that the Borough was not able to go against state law in regards to the Jacksons Mobile Home Park (J HP). He also stated that they could appeal the assessment. Assembly member Rohrer commented that he had a trailer in JMHP also and that he was faced with the same issues and clarified that they were not worthless but that they needed to be moved. He also spoke to the Chiniak timber and hoped it would be on the next work session. Mr. Rohrer provided a brief update to the lobbying trip in Juneau. Assembly member Symmons expressed appreciation to Borough Manager Cassidy. He commented on the value of the lobbying trip. Assembly member LeDoux thanked the Chiniak residents for attending the meeting held on Saturday, February 27,°2016. The Manager interviews would take place on Tuesday, March 15, 2016. His take away from the lobbying trip in Juneau was that there was no plan and local governments should prepare for the worst. ADJOURNMENT ROHRER moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Stephens, Symmons, Crow, LeDoux, and Peterson. The meeting was adjourned at 10:30 p.m. K2ISLA D B dH ATTEST: f rol Fri-end, or Nova M. Javier, MMC, Boro h Clerk Approved on: April 7, 2016 Kodiak Island Borough Assembly Regular Meeting Minutes March 3, 2016 Page 1654