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2017-06-01 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting June 1, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on June 1, 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 was given by Major David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. 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 Deputy Clerk Laurie Pardoe. APPROVAL OF AGENDA AND CONSENT AGENDA LEDOUX moved to approve the agenda and consent agenda. SKINNER moved to amend the agenda by adding the release of the plastic bag ban legal opinion under other items. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES The special meeting minutes of May 11, 2017 were approved under the consent agenda. CITIZENS' COMMENTS Karen Yashin spoke in support of Contract No. FY2018-01 Animal Services Contract. David Blacketer, Senior Citizens of Kodiak Board Member, gave an update on the current activities and the services provided at the Senior Center. Pat Holmes appreciated the friendliness of the people in Kodiak and opposed the change to the property tax exemption structure. Rob Baer thanked the assembly members for their service. He spoke in support of Contract No. FY2017-38. AWARDS AND PRESENTATIONS Mayor Rohrer proclaimed the month of June 2017 as Filipino American Heritage Month and urged all citizens to participate in the festivities celebrating the rich heritage and traditions of the Kodiak Island Borough Assembly Regular Meeting Minutes June 1. 2017 Paoe 1 of 9 Philippine Islands. Mary Guilas Hawver, Filipino -American Association of Kodiak Board Member, accepted the proclamation. COMMITTEE REPORTS Assembly member Skinner attended the Parks and Recreation Committee meeting and announced that a joint work session with the City Parks and Recreation Committee was being planned. They hoped to consider a coordinated plan and conduct a needs assessment within the community. Assembly member Van Daele attended the Solid Waste Advisory Board Committee meeting and they discussed the possible plastic bag ban ordinance. Dave Conrad, Womens Bay Service Area Board Member, spoke in support of Resolution No. FY2017-41. He noted that this property is a valuable asset to the Womens Bay Service Area. PUBLIC HEARING 1. Ordinance No. FY2018-01 Levying Taxes On All Taxable Real And Personal Property Within The Kodiak Island Borough For All The Expenses And Liabilities Of The Kodiak Island Borough For The Fiscal Year Commencing On The First Day Of July 2017 And Ending On The Thirtieth Day Of June 2018 (Fiscal Year 2018 Budget). LEDOUX moved to adopt Ordinance No. FY2018-01. This agenda item and description served as the official transmission of the Manager's Budget to the Assembly pursuant to Kodiak Island Borough Code (KIBC) 3.15.030. The proposed budget considered the various policy directives codified in Title 3 of the KIBC. Mayor Rohrer opened the public hearing. Hearing and seeing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Townsend, Van Daele, and Crow. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Thankful that the School sites are opened and unlocked and can be used for recreational purposes. • Announced that KIB was selected for a $600,000 Brownfields Assessment Grant. • Gave a brief overview on state of the State and the possible government shut down. • He noted that the essential air service cut is proposed under the President's budget. MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer reported on the following: • Clarified for the record that the Manager received a satisfactory performance evaluation. • Attended the Termination Point ribbon cutting celebration. Kodiak Island Borough Assembly Regular Meeting Minutes June 1, 2017 Paqe 2 of 8 • Announced that the June 29 work session and July 6 regular meeting were anticipated to be cancelled. UNFINISHED BUSINESS Resolution No. FY2018-02 Reestablishing The Fees For The Kodiak Island Borough The motion on the floor was to adopt Resolution No. FY2018-02. KIBC 3.10.190 ordains that all Kodiak Island Borough fees be reviewed on an annual basis. The last fee resolution was reviewed and adopted in April 2017. These fee changes were more in line with the budgetary needs for the 2018 fiscal year. SYMMONS moved to amend the Appeal to the Commission fee under Title 17 from $350 to $175. ROLL CALL VOTE ON MOTION TO AMEND CARRIED SIX TO ONE: Skinner, Symmons, Townsend, Van Daele, Crow, and LeDoux (Ayes); Smiley (No). ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, LeDoux, and Skinner. NEW BUSINESS Contracts Contract No. FY2017-38, Establishing An "Allowable Cut' Of Timber For Borough Land On Raspberry Island And Approving A Small Scale Timber Sale For 50 "House Logs" Amounting To Approximately 16,000 Board Feet Total. LEDOUX moved to approve the proposed allowable cut and refer the matter to the manager to complete negotiations for the related draft timber sale contract. TOWNSEND declared a conflict of interest and recused himself from voting on this item. Mayor Rohrer ruled that Assembly member Townsend had a conflict and would be excused from participating. Dave Townsend and Rob Baer had requested to buy 50 "house logs" from borough land adjoining their private property on Onion Bay, Raspberry Island. Staff had reviewed KIBC 18.70.010.0 and determined that the assembly must first approve an "allowable cut' in order to make timber available for sale. "Allowable cut' is defined in KIBC 18.70.080 and means the volume of timber that may be harvested within the principal of sustained -yield management. Sustained -yield management means that volume of wood fiber growth which will be naturally regenerated within a given area any special management effort. Alaska Division of Forestry indicated that the time to mature a forest of Sitka Spruce was about 200 years. This meant that 1/200th of a given forested area could be sustainably harvested in a given year. Staff had taken the area of Section 33 (540 acres) and calculated that the area was about 80% timbered. This meant that about 432 timbered acres were located within Section 33. 432 divided by 200 equals 2.16 acres could be sustainably harvested in a given year. 50 "house logs" is equivalent to 16,000 board feet and Alaska Division of Forestry had indicated that Sitka Spruce forest produces about 20,000 board feet of usable wood per acre. By doing the math staff had Kodiak Island Borough Assembly Regular Meeting Minutes June 1, 2017 Paqe 3 of 8 determined that the equivalent timber harvest of this proposal was 34,848 square feet or about .8 of an acre. The intent of the "Small Scale Timber Sale" was to keep the total harvest below the threshold of the Alaska Forest Resources and Practices Act (FRPA). That was not to say that the borough could not do larger sales, but that would be a much different negotiation similar to the recent experience with A-1 Timber, Inc. A timber sale that was not subject to FRPA was still subject to all other applicable environmental regulations so it was not in any way exempting the operator from compliance with those regulations. Staff had submitted this contract to the borough attorney for review and it could serve as a model for future small scale timber sales. The agreement had not been submitted to AMUJIA for risk management review however. Also, staff was concurrently negotiating for a generic "appraisal" to meet the requirement of KIBC 18.70.050 (Appraisal). The code required that the borough sell timber for appraisal value, at a minimum, but in reviewing this request and envisioning future requests, staff believed that the $1/linear foot price point reflected the cost to implement the small scale timber sale program. Staff had suggested some special conditions under section 19 of the draft contract that were intended to make the permittee more accountable and to minimize the need for staff travel and direct oversight. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Van Daele, Crow, LeDoux, Skinner, and Smiley. 2. Contract No. FY2017-39 Main Elementary School Elevated Walkway Repairs. VAN DAELE moved to authorize the Manager to execute Contract No. FY2017-39 with Wolverine Supply, Inc. of Wasilla, AK for the Main Elementary Elevated Walkway Repairs project in an Amount Not to Exceed $278,000. Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. This contract was for construction of the Main Elementary Elevated Walkway Repairs project. The walkway from Powell Avenue to the entrance of Main Elementary was closed in September 2016 due to safety concerns from corroded metal decking and falling concrete. The scope of work for this project was removal of the existing concrete walkway and installation of a new treated timber walkway. This work was scheduled to be completed this summer. Design was completed by PND Engineers, and approved by the Architectural/Engineering Review Board. An invitation to bid was issued on May 2, 2017, and bids were due and opened on May 24, 2017. Two bids were received. After reviewing bids, Staff had determined that Wolverine Supply, Inc. was the lowest responsive bidder. The recommended contract amount included award of the base bid to replace the walkway and the guardrail along the walkway, and an alternate to replace the balance of guardrail at the main entrance area. The existing guardrail was deteriorating and did not meet current safety codes. While it was not absolutely necessary to replace at this time, it would make sense and be most cost effective to do it at the same time as the work on the walkway. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux, Skinner, Smiley, Symmons, and Townsend. Kodiak Island Borough Assembly Regular Meeting Minutes June 1, 2017 Page 4 of 8 3. Contract No. FY2017-40 For Bayside and Womens Bay Fire Departments Structural Firefighter Protective Clothing. LEDOUX moved to authorize the Manager to negotiate the purchase of Structural Firefighter Protective Clothing from Municipal Emergency Services Inc. in the amount of $42,433.25. Bayside Volunteer Fire Department and Women's Bay Volunteer Fire Department had advertised and received two qualifying bids per KIB code. After review and evaluation of the submitted bids, the departments were recommending the higher priced bid from MES for the structural firefighting clothing. This recommendation was based upon the experience of the fire chiefs and the product literature provided by the vendors. Due to the materials, construction methods, integrated features and personal protection levels they believed this product would be superior for the health and safety of the firefighters. The price difference between low bidder and these garments was $163.90 per set. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. 4. Contract No. FY2018-01 Animal Control Services VAN DAELE moved to authorize the Manager to execute Contract No. FY2018-01 with the City of Kodiak to provide animal control services for the Kodiak Island Borough in the amount of $114,015. This was a renewal of the contract with the City of Kodiak to provide animal control services within the Borough in fiscal year 2018. SYMMONS moved to amend Contract No. FY2018-01 by reducing the contract amount by $55,000. ROLL CALL VOTE ON MOTION TO AMEND FAILED ONE TO SIX: Symmons (Aye); LeDoux, Skinner, Smiley, Townsend, Van Daele and Crow (Noes). ROLL CALL VOTE ON THE MAIN MOTION CARRIED SIX TO ONE: Smiley, Townsend, Van Daele, Crow, LeDoux, and Skinner (Ayes); Symmons (No) Resolutions Resolution No. FY2017-39 Disposing By Sale Of A ± 21 Acre Portion of T24S R24W TL 3301 Onion Bay. VAN DAELE moved to adopt Resolution No. FY2017-39. TOWNSEND declared a conflict of interest and recused himself from voting on this item. Mayor Rohrer ruled that Assembly member Townsend had a conflict and would be excused from participating. VAN DAELE moved to postpone Resolution No. FY2017-39 to the July 20, 2017 assembly regular meeting. Kodiak Island Borough Assembly Regular Meeting Minutes June 1, 2017 Pape 5 of 8 ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FIVE TO ONE: Smiley, Symmons, Van Daele, LeDoux, and Skinner (Ayes); Crow (No). 2. Resolution No. FY2017-40 Disposing Of Lot 2A, Block 1, Hospital Subdivision By Lease. SKINNER Moved to adopt Resolution No. FY2017-40. VAN DAELE moved to amend Lines 40-41 by striking out "planning and zoning" and replacing it with "assembly" and striking "amends" and replacing with "approves". ROLL CALL VOTE ON MOTION TO AMEND CARRIED FIVE TO TWO: Townsend, Van Daele, Crow, LeDoux, and Smiley (Ayes); Symmons, and Skinner (Noes). ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, Crow, LeDoux, Skinner, and Smiley. 3. Resolution No. FY2017-41 Disposing By Lease Of Lot 1A, Block 1, Tract A, And Lot 4 Block 1, Tract A, Bells Flats Subdivision. VAN DAELE moved to adopt Resolution No. FY2017-41. VAN DAELE moved to amend Lines 41-42 by striking out "planning and zoning" and replacing it with "assembly" and striking "amends' and replacing with "approves". ROLL CALL VOTE ON MOTION TO AMEND CARRIED FIVE TO TWO: Townsend, Van Daele, Crow, LeDoux, and Smiley (Ayes); Skinner and Symmons (Noes). ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux, Skinner, Smiley, Symmons, and Townsend. Ordinances for Introduction None. Other Items 1. Waiver of Attorney Opinion regarding Plastic bags SKINNER moved to release and waive the attorney client privilege relating to the plastic bag ban legal opinion. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. CITIZENS' COMMENTS Judi Kidder reminded the Assembly that it is mandatory for the municipality to have some form of animal control. She advocated closer review of the contract. Mike Milligan thanked Assembly member Townsend for declaring a conflict of interest. He expressed his budget concerns. Kodiak Island Borough Assembly Regular Meeting Minutes June 1, 2017 Paqe 6 of 8 Pat Holmes complimented Clerk Javier for excellent customer service and he noted that he is impressed with the performance of Manager Powers. He noted that the Assembly is well balanced, rational, and functional. He also complimented Mayor Rohrer for doing a fine job presiding at meetings. Rob Baer was troubled with the postponement for Resolution No. FY2017-39. He reminded the Assembly that they did their due diligence with their application. ASSEMBLY MEMBERS' COMMENTS Assembly member Van Daele announced the ribbon cutting ceremony at Termination Point on Friday June 2. Assembly member Symmons spoke against making seniors pay tax exemption. He commented regarding the stalemate in the Alaska Legislature. He hoped that the applicants would get a positive result on their application for disposal of the sale of a ± 21 acre portion of T24S R24W TL 3301 in Onion Bay. Assembly member Townsend was glad to see the budget adopted. He appreciated the work of the staff and assembly members. Assembly member Crow announced that he had a nice tour of NOAA Ship Rainier. Assembly member LeDoux requested from staff to notify the public regarding the firewood resource in Chiniak. He was glad to see public access to the easements. He congratulated Director Bob Tucker for the replacement of the playground equipment in Chiniak and Finance Director Dora Cross for a job well done on the budget. He was glad to see the pleasure of how good things have gone since Managers Powers arrived at the Borough. Assembly member Smiley congratulated the Borough on receiving the $600,000 Brownfields grant. Announcements Mayor Rohrer announced that the next Assembly work session would be held on Thursday, June 8 at 6:30 p.m. in the borough conference room and the next Assembly regular meeting was scheduled for Thursday, June 15 at 6:30 p.m. in the borough assembly chambers. EXECUTIVE SESSION 1. Strategies In Negotiating The Hospital Lease. VAN DAELE 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: LeDoux, Skinner, Smiley, Symmons, Townsend, Van Daele, and Crow. VAN DAELE moved to invite the Borough Mayor, Assembly members, Manager, Finance Director, and Clerk's Office Staff into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Kodiak Island Borough Assembly Regular Meeting Minutes June 1, 2017 Paqe 7 of 8 After the vote, Mayor Rohrer recessed the regular meeting and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting and announced that no action is to be taken as a result of the executive session. 2. Borough Manager's Performance Evaluation VAN DAELE moved to convene into executive session to discuss the Borough Manager's Evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his character or reputation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. VAN DAELE moved to invite the Borough Mayor, Assembly, and Manager into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting and announced that the manager met satisfactory requirements and his salary should be adjusted as stated in his contract. ADJOURNMENT SYMMONS moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 10 p.m. K���D BOGH Daniel A. Rohrer, Mayor Approved on: IAL� 30 �;'01 % Kodiak Island Borough Assembly Regular Meeting Minutes June 1, 2017 Pape 8 of 8