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2017-03-09 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting March 9, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on March 9, 2017, 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 and the Pledge of Allegiance was led by Mayor Rohrer. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Laurie Pardoe. APPROVAL OF AGENDA AND CONSENT AGENDA LEDOUX moved to approve the agenda and consent agenda. LEDOUX moved to amend the agenda by removing Contract No. FY2014-26B from the agenda. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS Carlie Franz commented on the quality of service being provided at Providence Kodiak Island Medical Center. Fred Stager thanked the Assembly members who voted for the rural opt out and asked those who opposed for reconsidering their votes. Nick Szabo noted that homes could be built inexpensively with the existing code. Alan Wolf commented how pleased he was with how Providence was running its business in Kodiak. Jack Mann noted that building codes were essential for the home owner, future buyers, and EMS personnel's protection. He supported keeping the code and thanked the Mayor for the veto. Aaron Griffin thanked the Assembly for its work on the building code exemption. He noted that the codes were worth taking a look at again and he urged that the Assembly recondition the Joint Building Code Review Committee. Greg Egle advocated that the Assembly use logic and look at the facts. He agreed with Mr. Stager's comments. Kodiak Island Borough Assembly Regular Meeting Minutes March 9, 2017 Page 1 of 10 Oliver Holm commented that the current codes were complex and he would prefer to see simpler and easier codes to work with. Sulua Stager Holmes would like to see that the Alaskan lifestyle be retained in Kodiak. She did not care to see the expansive government intrusion; and she advocated for owner built homes. Malina Holm protested the Mayoral veto. She would like to see easing of building codes. Cheryl McNeil publicly thanked Mayor Rohrer for the veto. She voiced concerns about the division that the issue had caused in the community. She felt the issue had veered the Assembly off topic. Art Zimmer noted that he preferred the vote of the Assembly be upheld and not the veto. Monte Hawyer spoke in support of Providence Health Systems mentioning the type of services they give to the Brother Francis Shelter. Providence also was providing financial support to the Brother Francis Shelter. The financial support provided assistance to 30 families. He urged the Assembly to renew the lease with Providence. Jeremiah Wagner asked that the wishes of the Assembly regarding the rural exemption be honored. Bill St. Clair shared and corrected some facts that were misstated regarding comments made about the exemption codes. Sandy Kavanaugh hoped that the Assembly members would override the mayoral veto. She would like the government to ease off on regulations. Craig DeHart spoke to the mayoral veto and Resolution No. FY2017-29. Justin Thran suggested the Assembly adjust the current codes and make them work for the citizens of Kodiak. Jonathan Strong expressed support to Providence noting they were a huge asset to the community. Jim Cole asked that the Assembly override the veto. His letter to the Mayor and Assembly members were read into the record. Jaiman Krytall phoned in support of the building exemptions. Julie Kavanaugh spoke in support of the opt -out ordinance. Marko Patitucci agreed with Ms. Kavanaugh's comments and spoke in support of the opt -out ordinance. AWARDS AND PRESENTATIONS Mayor Rohrer proclaimed the month of March 2017 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 9, 2017 Page 2 of 10 Mayor Rohrer proclaimed 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. Chief Executive Officer Barbara Bigelow gave a presentation regarding Providence Kodiak Island Medical Center (PKIMC) Community Health Needs Assessment. COMMITTEE REPORTS Assembly member Skinner reported on her attendance to the Southwest Alaska Municipal Conference (SWAMC) and SWAMC business meeting. She noted that SWAMC adopted six resolutions and gave an overview what those resolutions were. She was also elected as the President of the SWAMC Board. Assembly member LeDoux gave an update regarding the letter that was adopted pertaining to the Cook Inlet Genetic Study. He advised that the letter was hand -delivered by the Fisheries Analyst to the Board of Fish. The next Kodiak Fisheries Work Group meeting was scheduled on March 21, 2017 at 9 a.m. Assembly member Van Daele reported on the "Chicken Ordinance" meeting held at Bayside Fire Hall. PUBLIC HEARING 1. State of Alaska Alcohol and Marijuana Control Office Liquor License Transfer of Ownership From The North West Company dba A.C. Express/Bells Flats To Willie's Quick Mart, LLC dba Willie's Quick Mart #1796. LEDOUX moved to voice non -protest to the State of Alaska Alcohol and Marijuana Control Office for a liquor license transfer of ownership FROM The North West Company dba AC Express/Bells Flats TO Willie's Quick Mart, LLC dba Willie's Quick Mart located at 11012 W. Rezanof Dr. for License No. 1796. The application was for a liquor license transfer of ownership for License No. 1796 Package Store located at 11012 Rezanof Dr. West Kodiak, AK. currently known as A.C. Express/Bells Flats. The Clerk's office followed the procedure in KIBC 5.01.030 New license and transfer procedure. Public hearing notices were mailed to 43 landowners and none were returned. Mayor Rohrer opened the public hearing. Seeing and hearing none, Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • "Chicken Ordinance" meeting and Planning and Zoning Commission • Otmeloi Road project • SWAMC conference the need for the Assembly to give guidance to the Kodiak Island Borough Assembly Regular Meeting Minutes March 9, 2017 Page 3 of 10 • Marijuana issues (Working with the attorney on clarifications about referring matters to the Planning and Zoning Commission and also working on the referendum submitted) • State Joint Armed Services Committee looking for people to serve on the committee and participation of the Borough in the future with the Association of Defense Communities MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer briefly reported on the following: • Met with City Mayor Branson and Providence Staff regarding opiate -related issues in Kodiak Met with National Wildlife Refuge staff Met with Kodiak Women's Resource and Crisis Center staff and had a tour of the facility Testified during Finance Committee Hearings at the LIO Office UNFINISHED BUSINESS 1. Mayoral Veto Of Ordinance No. FY2017-22, Version 4A, Split B, Amending Title 15 Buildings And Construction Chapter 15.10 Buildings Codes Providing For Exemptions In Section 15.10.050 Remote Area Exemptions. CROW moved to override the mayoral veto on Ordinance No. FY2017-22, Version A, Split B. On February 16, 2017, Ordinance No. FY2017-22, Version 4A, Split B was reconsidered and adopted by the Assembly. A Mayoral Veto was filed which nullified the Ordinance on February 22, 2017. In response, on March 2, 2017, Assembly member Crow requested that the Mayoral veto be added on the March 9 agenda. A veto may be overridden by a two-thirds vote of the authorized membership (5 members) of the governing body within 21 days following exercise of the veto or at the next regular meeting with ever was later. ROLL CALL VOTE ON MOTION FAILED FOUR TO THREE: Skinner, Symmons, Townsend, and Crow (Ayes); LeDoux, Smiley, and Van Daele (Noes). A recess was called at 8:45 p.m. Mayor Rohrer reconvened the meeting at 9:01 p.m. NEW BUSINESS Contracts 1. "Contract No. FY2017-23 Flooring Replacement - Akhiok, Karluk, Ouzinkie. This item was approved under consent agenda. Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority stated that a contract exceeding $25,000 required Assembly approval. The contract was for construction of the East Elementary Renovation Phase 1 project, one of the bond projects approved by voters in 2014. The scope of work for Phase 1 included complete renovation of several individual and group restrooms, including new floor and wall finishes, plumbing fixtures, toilet accessories, and doors. The work was scheduled to be completed that summer. Phase 2 was scheduled for summer 2018 and would include hazardous material abatement and installation of new flooring, cabinets, countertops, and doors. Design for both Kodiak Island Borough Assembly Regular Meeting Minutes March 9, 2017 Page 4 of 10 phases was completed by Jensen Yorba Lott, and approved by the Architectural/Engineering Review Board. An invitation to bid was issued on January 25, 2017, and bids were due and opened on February 15, 2017. Three bids were received. After reviewing bids, Staff had determined that Wolverine Supply, Inc. was the lowest responsive bidder. A copy of the bid tabulation was attached. Funding for the project came from general obligation bonds. The Alaska Department of Education and Early Development reviewed and approved the bid documents and the project was eligible for reimbursement by the State. The budget for construction for Phase 1 was $403,179 and the contract was for $357,000. A copy of the current budget was attached to the packet. 2. *Contract No. FY2017-24 East Elementary Renovation Phase 1. This item was approved under consent agenda. Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. The contract was for construction of the Flooring Replacement - Akhiok, Karluk, Ouzinkie project, one of the bond projects approved by voters in 2014. The base bid scope of work included hazardous material abatement and installation of new flooring at the schools in Akhiok, Karluk, and Ouzinkie. Three bid alternates were also included: 1) Installation of seamless athletic flooring at the gyms in Akhiok and Karluk, 2) Installation of new vinyl tile at the kitchen in Ouzinkie, and 3) Installation of sheet vinyl athletic flooring at the gyms in Akhiok and Karluk. Design was completed by Jensen Yorba Lott, and approved by the Architectural/Engineering Review Board. The work was scheduled to be completed before the start of school that fall. An invitation to bid was issued on January 17, 2017, and bids were due and opened on February 9, 2017. Five bids were received. After reviewing bids, Staff had determined that Environmental Contracting Solutions was the lowest responsive bidder. A copy of the bid tabulation was attached to the packet. The proposed contract included award of the base bid and alternate 2 for new flooring at the kitchen in Ouzinkie. Alternates 1 and 3 were not recommended for award because they substantially exceed the available budget. Funding for the project came from gem Education and Early Development reviewe was eligible for reimbursement by the State contract slightly exceeded that at $329,911. contingency which would be used to covi attached to the packet. ral obligation bonds. The Alaska Department of I and approved the bid documents and the project The budget for construction was $319,574 and the The budget for the project also included $15,979 for r the overage. A copy of the current budget was 3. *Contract No. FY2017-27 Kodiak Middle School Fire Alarm, Controls, And Elevator. This item was approved under consent agenda. Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. Kodiak Island Borough Assembly Regular Meeting Minutes March 9, 2017 Page 5 of 10 The contract was for construction of the Kodiak Middle School Fire Alarm, Controls, and Elevator project, one of the bond projects approved by voters in 2014. The scope of work was replacement of the entire fire alarm and mechanical controls systems, and modernization of the existing elevator. The work was scheduled to be completed that summer. Design was completed by Jensen Yorba Lott, and approved by the Architectural/Engineering Review Board. An invitation to bid was issued on January 23, 2017, and bids were due and opened on February 21, 2017. Five bids were received. After reviewing bids, Staff had determined that Wolverine Supply, Inc. was the lowest responsive bidder. A copy of the bid tabulation was attached to the packet. Funding for the project came from general obligation bonds. The Alaska Department of Education and Early Development reviewed and approved the bid documents and the project was eligible for reimbursement by the State. The budget was $1,641,285 and the contract was for $1,067,000. A copy of the current budget was attached to the packet. 4. 'Contract No. FY2017-25 Rural School Playground Replacements. This item was approved under consent agenda. Contract No. FY2014-26B Amendment #2 To Contract No. FY2014-26 Professional Services Agreement With McCarty and Associates for Fisheries Analyst Consulting And Related Services (Joint Contract Of The Kodiak Island Borough and City of Kodiak With McCarty and Associates of Juneau, Alaska). This item was removed under the consent agenda. Resolutions 1. Resolution No. FY2017-29 Approving The Disposal Of A ± 35 Acre Portion Of The Remainder Of Lot 1, U.S. Survey 2539 By Direct Negotiation Of A Lease At Fair Market Value To B&R Fish Byproducts, Inc. For The Purposes Of Resource Extraction And Stockpiling (P&Z Case No. 17-013). VAN DAELE moved to adopt Resolution No. FY2017-29. This was requested by a second interested party for disposal of a t 35 acre portion of an 8,331.92 acre Borough owned C -Conservation zoned parcel in the Salonie Creek drainage area. The applicant for the request, B&R Fish Byproducts Inc., desired to lease the site at fair market value for the purposes of resource (gravel) extraction and stockpiling. A previous request for disposal of the site by the same method and purpose was submitted by Golden Alaska Excavating, LLC. At the January 19, 2017 regular meeting, the Assembly failed a resolution approving that disposal (KIB Resolution No. 2017-27/P&Z Case No. 17-012). The failing of that resolution was largely based on the knowledge that the second request had been submitted, which indicated that there was a competitive interest in the site. Due to that competitive interest, it was determined that disposal by direct negotiation of a lease to a specific entity was not appropriate. As was the case with Golden Alaska Excavating's request, the Planning and Zoning Commission had determined the site to be surplus to the public's need and was recommending disposal as stated in the provided resolution. Kodiak Island Borough Code 18.20.020.B stated that land disposals must be approved by an Assembly resolution that specified the terms and conditions upon which the disposal would be offered. Accordingly, the provided Assembly Kodiak Island Borough Assembly Regular Meeting Minutes March 9, 2017 Page 6 of 10 resolution specified that the disposal would be by direct negotiation of a lease at fair market value to B&R Fish Byproducts Inc. for the purposes of resource extraction and stockpiling, which was consistent with the applicant's request. It was important to note that should the Assembly also fail this disposal resolution, the Borough would have the option to submit a request for disposal of the site by one of the competitive processes listed in Chapter 18.20 Real property disposal — in general of the Borough Code. If such a disposal were approved, all parties interested in the site would have the option of participating in that competitive process. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. Resolution No. FY2017-30 Authorizing Land Sale Number Nineteen and Establishing Terms and Conditions. TOWNSEND moved to adopt Resolution No. FY2017-30. The resolution was consistent with the recommendation of the Planning and Zoning Commission (P&ZC) to dispose of the listed properties. After conducting public hearings, it was determined that the listed properties were surplus to the public's need and could be made available at a future land sale. By this resolution, the Assembly established the terms and conditions of the sale and set the schedule for the outcry auction of these properties. 1. Lot 1, Raven Hills Subdivision 2. Lot 2, Raven Hills Subdivision 3. Lot 5, Block 5, Monashka Bay Subdivision 4. Lot 7A, Block 2, Monashka Bay Subdivision Staff did not include a provision in the draft resolution for a rebate on this sale. A copy of KIB Ordinance No. FY2017-16 was attached to the packet for assembly consideration. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, LeDoux, and Skinner. 3. 'Resolution No. FY2017-31 Adopting an Alternative Allocation Method for the FY17 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 13: Kodiak Island. This resolution was approved under the consent agenda. The State of Alaska, Department of Commerce, Community and Economic Development's Shared Fisheries Business Tax program was created in 1990 to help municipalities impacted by the effects of the rapidly expanding offshore fish processing industry by collecting a tax from fish processors and sharing the collected taxes with affected municipalities. Applications must be submitted annually by municipalities to receive an allocation from the program. This year the deadline was March 17, 2017. The resolution would allow the Kodiak Island Borough to submit its application for the FY2017 Shared Fisheries Business Tax Program using an alternative method. The resolution indicating approval of the application was a required portion of the application. The FY2017 Shared Fisheries Business Tax allocation would be based on the population of Kodiak Island Borough Assembly Regular Meeting Minutes March 9, 2017 Page 7 of 10 each of the cities within the borough, and the Borough's allocation would be based on the total population of the Borough, less the population of each of the cities (Ahkiok, City of Kodiak, Larsen Bay, Old Harbor, Ouzinkie and Port Lions). Last year the Kodiak Island Borough received $80,783.18 as its share. The total allocation to the Kodiak Area FMA for FY2016 was $256,924. For FY2017, the Kodiak Island Borough was estimated to receive $78,886.15 as its share and the total allocation to the Kodiak FMA was $247,159.31. This item was proposed under consent since it was a routine and annual item. Ordinances for Introduction Other Items 1. Declaring A Seat On The Kodiak Workforce Regional Advisory Council Vacant (Ms. Melissa Passarello). SKINNER moved to accept, with regret, the resignation of Ms. Melissa Passarello from the Kodiak Workforce Regional Advisory Council and directed the Borough Clerk to advertise the vacancy per Borough code. Ms. Melissa Passarello was appointed to the Kodiak Workforce Regional Advisory Council on December 1, 2017. Ms. Passarello announced her resignation to clerk staff on February 13, 2017. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 2. Confirmation of the Mayoral Appointment to the Parks and Recreation Committee. SKINNER moved to confirm the Mayoral appointments of Mr. Dale Stratton for a term to expire December 2017 and Ms. Paige Simeonoff for a term to expire December 2019 on the Parks and Recreation Committee. There were three vacant seats on the Parks and Recreation Committee for two terms to expire December 31, 2017 and one term to expire December 31, 2019. The Borough Clerk's Office had received applications from the following: • Mr. Dale Stratton • Ms. Paige Simeonoff VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 3. Confirmation Of An Assembly Appointment To The Personnel Advisory Board (Mr. James Turner). SKINNER moved to confirm the Assembly appointment of Mr. Turner to the Personnel Advisory Board for a term to expire December 31, 2018. On February 24, 2017, the Borough Clerk's Office received an application from Mr. James Turner for a seat on the Personnel Advisory Board. There were three vacant seats on the Personnel Advisory Board. Of those vacant seats, one term would expire December 31, 2018 and two terms would expire December 31, 2019. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Kodiak Island Borough Assembly Regular Meeting Minutes March 9, 2017 Page 8 of 10 CITIZENS' COMMENTS None. ASSEMBLY MEMBERS' COMMENTS Assembly member Symmons congratulated Assembly member LeDoux on his appointment as the new Kodiak Island Borough School District Superintendent. He was glad to see solutions regarding opiate problems in Kodiak. He attended SWAMC and was sorry to have missed half of the deliveries there. Assembly member Smiley congratulated Assembly member LeDoux and praised the School Board for what he thought was an excellent and thorough selection process. Assembly member Townsend also congratulated Assembly member LeDoux. He congratulated Assembly member Skinner for being elected as the SWAMC President. He attended the "chicken ordinance" meeting and thought it was fairly informative but not as well attended as he had expected. Assembly member Skinner heard about the attendance regarding the "chicken ordinance" meeting. She would like the Mayor, Assembly, and/or Staff to evaluate the existence of current Borough Boards and Committees. Caution would need to be taken before starting more committees without evaluating those that were already in existence. She looked forward to the budget discussions and would like information regarding the FPA1 board being able to take a loan. The Assembly would need to understand the implications of a loan, if any. Assembly member Crow encouraged everyone to check out the new Borough meetings portal and feedback should be given to the Clerk's Office. He was glad to hear the good news about the school bond debt reimbursements. He congratulated Assembly member LeDoux and Assembly member Skinner. He apologized to anyone that he might have offended during the discussion of the exemption ordinance. Assembly member Van Daele congratulated Assembly member LeDoux and was thrilled to get him back in the school system. Announcements Mayor Rohrer announced that the next Assembly work session was scheduled on Thursday, March 16 and the next regular meeting would be on Thursday, March 23. Both meetings would be held in the borough conference room. The Assembly would also hold a budget special work session on Wednesday, March 22 from 5:30 to 7:30 p.m. in the borough conference room. EXECUTIVE SESSION 1. Executive Session To Address Strategies And Tactics Going Forward With Respect To The Markham Litigation. SKINNER moved to convene into executive session to address strategies and tactics with respect to the Markham litigation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele. Crow, LeDoux, Skinner, and Smiley. SKINNER moved to invite the Borough Mayor, Assembly, Manager, Assessor, Borough Attorney via teleconference, and Clerk's Office Staff into executive session. Kodiak Island Borough Assembly Regular Meeting Minutes March 9, 2017 Page 9 of 10 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting at 9:29 p.m. and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting at 9:56 p.m. and announced that no action was to be taken as a result of the executive session. SKINNER moved to extend the meeting to 11 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 2. Strategies In Negotiating The Hospital Lease. SKINNER moved to convene into executive session to discuss Strategies in Negotiating the Hospital Lease, a subject matter that the immediate public knowledge of which would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele. Crow, LeDoux, Skinner, Smiley, and Symmons. SKINNER moved to invite the Borough Mayor, Assembly, Manager, and Clerk's Office Staff into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting at 9:57 p.m. and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the meeting at 10:57 p.m. and announced that the Manager was given direction on how to proceed with negotiations. ADJOURNMENT SKINNER moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 10:59 p.m. ATT T: Nova M. Javier, MMC, Boro gh Clerk KODI I�L ND OR H aniel A. Rohrer, Mayor Approved on: March 23, 2017 Kodiak Island Borough Assembly Regular Meeting Minutes March 9, 2017 Page 10 of 10