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2016-04-21 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting April 21, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on April 21, 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 Major Richard Greene 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, Rebecca Skinner, Mel Stephens, and Dennis Symmons. Also present were Borough Administrative Official Bill Roberts, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. APPROVAL OF AGENDA AND CONSENT AGENDA ROHRER moved to approve the agenda and consent agenda. ROHRER moved to amend the agenda by removing item 13.D.1. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular meeting minutes of February 4, 2016 were approved under the consent agenda. CITIZENS' COMMENTS Residents of Chiniak Scott Bonnev,4Sara Fish, Tonv Blazey, Susan Baker, Norm Botz, David Lakings, Maureen Butler, Theresa Bonney, Tom Dinnocenzo, Virginia Adams, John Butler, Rainy Bonney, Peter Hanley, Tanya Inga, and Randy Gifford made comments requesting more time before deciding to process the Twin Creeks burnt timber. Peter Hanley spoke in support of the Termination Point and Long Island easements presented by Great Land Trust. Judi Kidder made comments regarding the Borough process dealing with citizens, sympathized with the Chiniak residents and compared it to the displaced residents of the Jackson Mobile Home Park. She also recommended that the Borough coordinate with the State on the road realignment of Otmeloi to incorporate utilities. Betty McTavish expressed reservations on authorizing Contract No. FY2016-44. AWARDS AND PRESENTATIONS Administrative Official Roberts presented the Employee of the Quarter Award for the First Quarter of 2016 to Paul VanDyke, Information Technology Supervisor in the Information Technology Department. Kodiak Island Borough Assembly Regular Meeting Minutes April 21, 2016 Page 1666 Mayor Friend presented the Certified Municipal Clerk Designation to Angela MacKenzie, Deputy Clerk in the Clerk's Office. Mayor Friend presented a plaque of appreciation to outgoing Finance Director Karleton G. Short. Austin Quinn -Davidson, Great Land Trust Legal Affairs and Land Transactions Director, gave a presentation on the Termination Point and Long Island easements. COMMITTEE REPORTS Assembly member Skinner provided an update on the Kodiak Fisheries Work Group noting focused dialogue with various stakeholders on the Gulf Trawl Bycatch Management alternatives before the North Pacific Fishery Management Council. There would be a presentation by the McDowell group at the next scheduled meeting on April 27, 2016. Assembly member Peterson attended the Kodiak College Advisory Council and encourage public involvement. The Alutiiq Museum's open house was this Saturday featuring a lost kayak that had made its way home. Assembly member Rohrer announced that Providence Kodiak Island Medical Center Community Advisory Board was working on a community needs assessment and a survey should be available soon. Assembly member Crow attended a Joint Building Code Review Committee regular meeting on April 14 and discussed the Alaska Housing Finance Corporation energy requirements and pending Ordinance No. FY2016-12. Mayor Friend attended the Borough Lands Committee meeting where they plan to bring forward about fourteen lots for disposal this fall. They also plan to work on Title 18. Assembly member Symmons announced the Kodiak Workforce Regional Advisory Council was working on an open house during the Kodiak Archipelago Rural Regional Leadership Forum in May. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Administrative Official Roberts Reported on the Following: • Commented on the progress Fire Chief Howard Rue had made since becoming the Fire Chief and encourage the Assembly to take a tour • Solid Waste Advisory Board to address the Solid Waste RFP • Tsunami siren in Chiniak should be working next week • House Bill 210 on revenue sharing; if signed the Borough's share would be up from anticipated MESSAGES FROM THE BOROUGH MAYOR Mayor Friend spoke on the following: • Provided an update on filling the Marijuana Task Force Kodiak Island Borough Assembly Regular Meeting Minutes April 21, 2016 Page 1667 • Clerk's Office has moved upstairs • Thanked Arctic Care for the services they provided UNFINISHED BUSINESS 1. Reconsideration of Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager. PETERSON moved to reconsider the vote taken on Contract No. FY2016-44 employment contract between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager. The process of hiring for the Kodiak Island Borough Manger started in November of 2015. The Assembly interviewed two candidates and decided to offer the position to Mr. Michael Powers. A negotiating team comprised of Assembly members LeDoux and Peterson Jr. was formed by the Assembly to discuss the terms of the contract with Mr. Powers. This was presented to the Assembly on April 7 and failed by three yes and two no votes. A reconsideration was filed by Assembly members Peterson and Crow. Clerk's note: At the request of Mr. Powers, the start date would be updated to May 23, 2016. ROLL CALL VOTE ON MOTION TO RECONSIDER CARRIED FIVE TO TWO: Crow, LeDoux, Peterson, Rohrer, and Symmons (Ayes); Skinner and Stephens (Noes). PETERSON moved to amend Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager to reflect a start date of May 23, 2016. ROLL CALL VOTE ON MOTION TO AMEND CARRIED SIX TO ONE: LeDoux, Peterson, Rohrer, Stephens, Symmons, and Crow (Ayes); Skinner (Noes). ROLL CALL VOTE ON MOTION AS AMENDED CARRIED FIVE TO TWO: Peterson, Rohrer, Symmons, Crow, and LeDoux (Ayes); Skinner and Stephens (Noes). 2. Resolution No. FY2016-33 Approving A Lease Agreement Between the Kodiak Island Borough and the General Services Administration for a Portion of the Kodiak Fisheries Research Center. The motion on the floor was: Move to approve Resolution FY2016-33. The Kodiak Island Borough entered into a lease agreement with the General Services Administration (GSA) in March 1997 for the use of the Kodiak Fisheries Research Center by National Oceanic and Atmospheric Administration (NOAA). Throughout the term of the lease, there had been points of disagreement between GSA and the Borough regarding definition and interpretation of certain items within the lease such as space allocation, operating costs, R&R/major maintenance, building support staff, etc. GSA proposed a "superseding lease" meaning a new lease with new terms would go into effect before the expiration of the existing lease. As such, staff from GSA, NOAA, and the Borough had been meeting regularly and working cooperatively to negotiate a new lease that was agreeable and clear to all parties involved. Kodiak Island Borough Assembly Regular Meeting Minutes April 21, 2016 Page 1668 The new lease was for 20 years with 15 years firm and a possible five-year extension. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Rohrer, Symmons, Crow, LeDoux, and Peterson (Ayes); Skinner and Stephens (Noes). NEW BUSINESS Contracts Contract No. FY2016-45 - A Salvage Timber Sale Contract Between the Kodiak Island Borough and A-1 Timber Consultants, Inc. SKINNER moved to adopt Contract No. FY2016-45 a sole source contract for salvage timber sale between the Kodiak Island Borough and A-1 Timber Consultants, Inc. Staff had prepared a draft salvage timber sale contract for consideration by the Assembly. The Borough Attorney or Risk Manager had not reviewed the contract at the time of submittal to the agenda. Those reviews should now be carried out concurrently with the assembly's own review leading up to the April 21, 2016 regular meeting. The proposed contract was presented as a sole source contract with A-1 Timber Consultants, Inc., which had not been subjected to a competitive bid process. The reasoning was set forth in the attached cover memorandum and relied on the provisions of KIBC 3.30.070.B. The time remaining in which the borough may realize the full value of the damaged timber was running out in terms of practical actions that must be taken to properly harvest and reclaim borough lands. This has created an emergency under the KIBC 3.30.070.B which allows the Assembly to avoid a competitive bid process if the delay required for compliance with bidding requirements would jeopardize the public health or welfare. SKINNER moved to postpone Contract No. FY2016-45 to the May 5, 2016 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Skinner, Stephens, Symmons, Crow, LeDoux, Peterson, and Rohrer. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision from C -Conservation District to I -Industrial District. SKINNER moved to adopt Ordinance No. FY2016-19 in first reading to advance to public hearing at the next regular meeting of the Assembly. The rezone request followed a recent amendment of the 2008 Comprehensive Plan which changed the Future Land Use Designation of the site from Conservation to Industrial/Light Industrial (KIB Ordinance No. FY2016-10). Now that the Future Land Use Designation had been changed, the rezone to I -Industrial was consistent with the adopted Comprehensive Plan. Should the rezone be approved, the owners could then seek permits to establish any permitted or conditional use allowed in the I -Industrial zoning district. Kodiak Island Borough Assembly Regular Meeting Minutes April 21, 2016 Page 1669 The Planning and Zoning Commission held a public hearing on the rezone request at their March 16, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Symmons, Crow, LeDoux, Peterson, Rohrer, and Skinner. Other Items 1. Declaring a Seat on the Architectural Review Board Vacant (Ms. Kelsea B. Kearns). LEDOUX moved to accept, with regret, the Architectural Review Board and directed the Borough Code. resignation of Ms. Kelsea Kearns from the Borough Clerk to advertise the vacancy per Ms. Kelsea Kearns had served on the Architectural Review Board since January 22, 2015. Her resignation letter was attached to the packet. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Peterson, Rohrer, Skinner, and Stephens. 2. Confirmation of the Mayoral Appointment to the Parks and Recreation Committee (Mr. Stephen Paulson). PETERSON moved to confirm the Mayoral appointment of Mr. Stephen Paulson to the Parks and Recreation Committee for a term to expire December 2018. There was currently one vacancy on the Parks and Recreation Committee and the Borough Clerk's Office had received an application from Mr. Stephen Paulson on April 13, 2016 for a term ending December 2018. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Skinner, Stephens, and Symmons. 3. Confirmation of the Manager's appointment of the Director of Finance (Ms. Dora Cross). LEDOUX moved to confirm the Manager's appointment of Ms. Dora Cross as the Director of Finance. The Manager advertised in-house and interviewed Revenue Accountant Dora Cross. The Manager recommended Ms. Cross for the position of the Director of Finance. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: LeDoux, Peterson, Rohrer, Symmons, and Crow (Ayes); Skinner and Stephens (Noes). CITIZENS' COMMENTS Judi Kidder announced Kodiak Community Cleanup Day was Saturday, May 7. She also invited the community to volunteer for a group called Cleanup Kodiak that gets together throughout the year to cleanup community spaces. Betty McTavish voiced disappointment with the approval of Contract No. FY2016-44. Kodiak Island Borough Assembly Regular Meeting Minutes April 21, 2016 Page 1670 ASSEMBLY MEMBERS' COMMENTS Assembly member Peterson congratulated Ms. Dora Cross for her promotion to Finance Director and reminded everyone of the Alutiiq Museum's grand opening this Saturday. Assembly member Rohrer expressed gratitude to the staff for its diligence with the Chiniak residents. Assembly member Symmons thanked the public and staff for attendance to the meetings Assembly member LeDoux congratulated Ms. Dora Cross for her promotion to Finance Director and thanked the outgoing Finance Director, Karl for his service. He spoke about being one of a seven -member assembly and that together they were better than one. He thanked the Chiniak community for speaking up. Announcements Mayor Friend announced the next Assembly work session would be held on Thursday, April 28 at 6:30 p.m. in the borough conference room and the next Assembly regular meeting was scheduled for Thursday, May 5 at 6:30 p.m. in the borough assembly chambers. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Stephens, Symmons, Crow, and LeDoux. The meeting was adjourned at 10:02 p.m. Approved on: June 16, 2016 Kodiak Island Borough Assembly Regular Meeting Minutes April 21, 2016 Page 1671