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2018-12-06 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting December 6, 2018 A regular meeting of the Kodiak Island Borough Assembly was held on December 6, 2018, 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 Julie Kavanaugh, Andrew Schroeder, Scott Smiley, Dennis Symmons, and James Turner. Also present were Borough Manager Michael Powers, Assistant Clerk Karen Siador, and CDD Secretary Sheila Smith. SMILEY moved to excuse Assembly members Arndt and Skinner who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA KAVANAUGH moved to approve the agenda. SMILEY moved to amend the agenda by adding under "Resolutions" Resolution No. FY2019- 17 Authorizing The Execution And Delivery Of A Loan Trustee Agreement In Connection With The Borough's General Obligation School Bond, 2018 Series A. ROLL CALL VOTE TO AMEND THE AGENDA CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Smiley, Symmons, and Turner. VOICE VOTE ON THE MOTION AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) The following spoke under citizens' comments: Larry Van Daele Randy Blondin AWARDS AND PRESENTATIONS None. Kodiak Island Borough Assembly Regular Meeting Minutes December 6, 2018 Page 1 of 8 COMMITTEE REPORTS Assembly member Smiley reported on the November 28, 2018 Kodiak Fisheries Work Group Meeting. Assembly member Schroeder reported on the December 3, 2018 Solid Waste Advisory Board Meeting. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT • Spent a considerable amount of time on the Tsunami warning as well as follow up on the event. • Met with the City Manager to discuss several topics including the SWAMC Comprehensive Economic Development Strategy, infrastructure, economic development and professional strategies. • Responded to several taxpayers regarding tax payments. • Worked with the Finance Director and Borough Attorney regarding the revenue cap initiative. • Worked with staff and the Borough Attorney regarding the Mission Lake Tidegate Service Area. • Worked with staff, the Borough Attorney and shop stewards regarding the "National Day of Mourning". • Met with staff regarding the seawater pump replacement project as well as leachate treatment plant issues. MESSAGES FROM THE BOROUGH MAYOR • Met with Nick Szabo, SWAB Chair, regarding solid waste issues. • Met with Nate Svoboda regarding bear activities. • Met with Andy Teuber • Reminded everyone about the upcoming Assembly meetings. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2018-13 Janitorial Services for Kodiak Island Borough Facilities. SYMMONS moved to authorize the Manager to execute Contract No. FY2018-13 with Tuan's Island Professional Cleaning Services for the estimated price of $105,317 (excluding taxes). Kodiak Island Borough Assembly Regular Meeting Minutes December 6, 2018 Page 2 of 8 The Kodiak Island Borough (KIB) Engineering and Facilities (E/F) Department issued an Invitation To Bid (ITB) on September 19, 2018 for janitorial services to be performed at several facilities owned by the KIB. The scope of work for the ITB included the following facilities: • KIB main office building (shared with the City of Kodiak) located at 710 Mill Bay Road • Kodiak Fisheries Research Center (KFRC) building located at 301 Research Court • KFRC Dormitory located at 225 Research Court • KIB Projects Office building located at 720 Egan Way • KIB Landfill Baler Building located at 1203 Monashka Bay Road The ITB was a competitive sealed bid process performed in accordance with KIB Code 3.30. The sealed bids were received on October 10, 2018 and opened/reviewed by E/F staff. Three companies responded and the annual cost (excluding taxes) for the basic scope of services requested in the ITB are summarized below: KIB FACILITIES JANITORIAL SERVICES ITB RESPONDENTS JNR Cleaning Service $127,100 Tuan's Island Professional Cleaning Services $105,317 MH Island Cleaning Services $117,420 A review of the lowest cost proposal by E/F staff deemed that the inconsistencies in the proposal were not substantive enough to rule the proposal as "unresponsive". The inconsistencies were of an administrative nature and did not affect the respondent's price. In comparison the total monies invoiced by the current contractor providing janitorial services during 2017 was $103,299.96 for the buildings mentioned in the ITB with the exception of the KIB Projects Office Building. The lowest cost proposed by the respondents of $105,317 is a modest increase of - 2% of what was paid for janitorial services in 2017 and also includes an increase in scope of work with the addition of the KIB Projects Office Building. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Smiley, Symmons, Turner, and Kavanaugh. Resolutions 1. Resolution No. FY2019-12 Identifying Federal Program and Capital Improvement Priorities. KAVANAUGH moved to Adopt Resolution FY2019-12 Seb O'Kelly with our federal lobbying consultant firm has provided a review and suggested language for the proposed resolution. After the 11/29 work session, review of items #1, #2 and #5 was requested of Brad Gilman's office. The attached resolution is revised per the consultation with the lobbying firm. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Turner, Kavanaugh, and Schroeder. Kodiak Island Borough Assembly Regular Meeting Minutes December 6, 2018 Page 3 of 8 2. Resolution No. FY2019-17 Authorizing The Execution And Delivery Of A Loan Trustee Agreement In Connection With The Borough's General Obligation School Bond, 2018 Series A. SCHROEDER moved to adopt Resolution No. FY2019-17. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Symmons, Turner, Schroeder, and Smiley (AYES); Kavanaugh (NOES). Ordinances for Introduction 1. Ordinance No. FY2019-10 Rezoning Lot 2, Block 10, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District (P&Z Case No. 19- 006). KAVANAUGH moved to advance Ordinance No. FY2019-10 to public hearing at the next regular meeting of the Assembly. This ordinance would approve the rezone of one lot in Larsen Bay from R1 -Single Family Residential to B -Business. In the late 1970s, most land in Kodiak Island Borough villages was zoned to R1 -Single Family Residential by Ordinance number 77-19-0. That blanket rezone was implemented regardless of the existing or planned land use of these parcels at that time. The residentially -zoned lot requested for rezone in this case has been used for lodge activities for several years, but was designated as Residential in the 2008 Comprehensive Plan. However, the land uses surrounding this lot vary and include a school, vacant land, open storage, and a church. The Planning and Zoning Commission held a public hearing on this rezone request at their October 17, 2018 Regular Meeting. After that hearing, the Commission voted unanimously to recommend approval of the rezone request as it will provide more flexibility in land use and is in line with the objectives with the 2008 Comprehensive Plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Kavanaugh, Schroeder, Smiley and Symmons. 2. Ordinance No. FY2019-11 Rezoning Lot 4, Block 7 and Lots 3, 4, & 5, Block 8, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District (P&Z Case No. 19-008). KAVANAUGH moved to advance Ordinance No. FY2019-11 to public hearing at the next regular meeting of the Assembly. This ordinance would approve the rezone of four lots in Larsen Bay from R1 -Single Family Residential to B -Business. In the late 1970s, most land in Kodiak Island Borough villages was zoned to R1 -Single Family Residential by Ordinance number 77-19-0. That blanket rezone was implemented regardless of the existing or planned land use of these parcels at that time. The residentially -zoned lots requested for rezone in this case have been used for lodge activities for several years, and were designated as Mixed Commercial/Waterfront/Residential in the 2008 Comprehensive Plan. These lots are surrounded by a variety of land uses and zoning types including housing, a school, and Larsen Bay's medical clinic. Kodiak Island Borough Assembly Regular Meeting Minutes December 6, 2018 Page 4 of 8 The Planning and Zoning Commission held a public hearing on this rezone request at their October 17, 2018 Regular Meeting. After that hearing, the Commission voted unanimously to recommend approval of the rezone request as it will provide more flexibility in land use and is in line with the objectives with the 2008 Comprehensive Plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Smiley, Symmons, and Turner. Other Items 1. Purchase of Replacement Filtration Membranes for Landfill Leachate Treatment Plant. KAVANAUGH moved to authorize the manager to purchase replacement filtration membranes for the Landfill Leachate Treatment Plant at a cost $77,897 excluding shipping and taxes. The Kodiak Island Borough (KIB) Landfill operates a leachate treatment plant (LTP) under Alaska Pollutant Discharge Elimination System (APDES) Permit No. AK0053481 (Permit) issued by the Alaska Department of Environmental Conservation (ADEC). The LTP started operation in October of 2015 and through August 2017, the LTP effluent was in compliance with the Permit discharge limits for the treated effluent. Near the end of August 2017, the ammonia levels in the discharge effluent began to rise and have been out of compliance with the Permit since then. With the exception of ammonia, the other parameters monitored in the discharge effluent have always been in compliance with the Permit. The diminished performance of the LTP is attributed to a change in the quality of the leachate currently collected in comparison to the leachate that was sampled from the landfill during the LTP design phase. The change in the strength of the leachate collected over time had the overall effect of limiting the ability of the denitrifying microbial population to sustain growth and thus reduce the treatment capacity for the removal of ammonia. The change in the quality or strength of the leachate was caused by a variety of reasons. Leachate strength is known to vary with precipitation, waste contents, depth and age, and placement of waste mass on the lined landfill cell. A summary of the changes in leachate management and landfill operations that would have impacted the leachate quality is provided as an attachment. One of the changes in the constituents of the leachate processed by the LTP was the increase in calcium salts which resulted in severe "scale" accumulation of the filtration membranes. The source of the calcium is attributed to the lime - stabilized sludge disposed in the landfill over the last 25 years. The improvements made to the landfill leachate collection and removal system (LCRS) during the construction of Cell 1 allowed for more leachate containing the dissolved calcium salts to be collected. The clogging of the membranes reduced the throughput capacity of the LTP by two-thirds and further compounded the problem of the diminished performance of the LTP. The KIB Engineering and Facilities Department (E/F) worked with the design consultant (CH2M Hill d.b.a. Jacobs) and the filtration membrane vendor (SUEZ Water Technologies & Solutions) to complete a full evaluation of the LTP operation to fully understand the problems with the treatment process and to develop a solution moving forward. This evaluation included increased sampling frequency of the leachate influent from the lagoon for additional analytes beyond what is required by the Permit, modeling, and bench scale testing. The work conducted in the evaluation of the causes of the LTP diminished treatment capacity is described in more detail in the attached report. Kodiak Island Borough Assembly Regular Meeting Minutes December 6, 2018 Page 5 of 8 With a better understanding of the underlying cause of the diminished performance of the LTP, Jacobs has determined that it will be necessary to include an additional treatment step in the LTP process train for the removal of calcium carbonate from the leachate influent. The calcium carbonate would be first removed from the leachate influent through pH adjustment followed by precipitation. Due to space limitations within the existing LTP building, the addition of the softening treatment process would require the construction of an addition to the LTP building to house the process equipment and piping. A conceptual design has been developed by Jacobs for the softening treatment step and is provided in the attached report. A preliminary engineer's estimate for the construction of the building that includes purchase and installation of the equipment has been determined to be $1.15M of which nearly half a million accounts for various contingencies and adjustment factors. Once the softening step has been installed It is likely that the filtration membranes will all require replacement at a cost of approximately $160K. The continual storm events that have occurred at the LTP facility along with the reduced leachate treatment throughput has made it difficult for the KIB Landfill to manage the substantive increase in the volume of leachate collected in the lagoon from direct precipitation and generated by the landfill. Recently the leachate in the lagoon exceeded the storage capacity of the containment system and a Notice of Bypass was submitted by the KIB to ADEC Water Division. In response to the discharge of diluted leachate to the environment, the KIB Landfill has implemented emergency measures to reduce the contents of the leachate lagoon to a volume that can be accommodated by the containment system. In addition to obtaining regulatory approval to recirculate leachate back into the landfill the KIB E/F would like to increase the throughput of LTP by replacing two of the four filtration membrane cassettes at a cost of $77,897 (excluding freight and tax). This will vastly improve the LTP throughput and allow landfill and LTP staff to better manage the additional leachate generated throughout the remaining winter and comply with the APDES Permit. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Smiley, Symmons, Turner, and Kavanaugh. 2. Mayoral Appointments Of Assembly Member Representatives To Different Boards, Committees, Commissions, And Councils. SMILEY moved to confirm the mayoral appointments of assembly member representatives to different Boards, Committees, Commissions as reflected to the attached list. Per KIBC 2.20.040 C. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly in accordance with KIBC 2.100.030. SMILEY moved to postpone the Mayoral appointments to the December 20 Assembly regular meeting. ROLL CALL VOTE TO POSTPONE CARRIED UNANIMOUSLY: Smiley, Symmons, Turner, Kavanaugh, and Schroeder. 3. Declaring the Seats Held by Mr. Scott Arndt Vacant on the Architectural Review Board, Planning and Zoning Commission, and Solid Waste Advisory Board. Kodiak Island Borough Assembly Regular Meeting Minutes December 6, 2018 Page 6 of 8 SYMMONS moved to declare the seats held by Mr. Scott Arndt on the Architectural Review Board, Planning and Zoning Commission, and Solid Waste Advisory Board vacant and direct the clerk to advertise the vacancies per Borough Code. Mr. Scott Arndt was appointed to a one year seat on the Borough assembly. Borough code states that the Mayor and Assembly members are ex officio members of all boards, commissions and committees. In addition to the three boards, these two seats will also be vacated since Mr. Arndt serves as the representative: 1. Joint Building Code Review Committee (Two representatives from the ARB, appointed by the mayor) 2. Borough Lands Committee (1 designated Commissioner Seat) ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Turner, Kavanaugh, Schroeder, and Smiley. 4. Confirmation Of A Mayoral Appointment to the Borough Seat On The Planning and Zoning Commission (Mr. Duane Dvorak). SMILEY moved to confirm the mayoral appointment of Mr. Duane Dvorak to the Planning and Zoning Commission Borough seat for a term to expire December 2019. The following seats are vacant on the Planning and Zoning Commission: 1. Borough Seat to expire 2021 (vacated by Scott Arndt) 2. Borough Seat to expire 2019 3. City Seat to expire 2020 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. 2.105.010 Created — Membership. There is created pursuant to AS 29.40.020 a planning and zoning commission, which shall consist of seven members appointed by the mayor subject to confirmation by the assembly, except that a member from a home rule or first-class city shall be selected from a list of recommendations submitted by the council. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Kavanaugh, Schroeder, Smiley, and Symmons. 5. Authorizing The Mayor To Sign A Comment Letter To North Pacific Fisheries Management Council Regarding D2 Western GOA Pollock Vessel Limitations. Kodiak Island Borough Assembly Regular Meeting Minutes December 6, 2018 Page 7 of 8 SMILEY moved to authorize the Mayor to sign a comment letter to North Pacific Fisheries Management Council regarding D2 Western GOA Pollock Vessel Limitations. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Smiley, Symmons, and Turner. CITIZENS' COMMENTS The following spoke under citizens' comments: Randy Blondin Darla Johnson ASSEMBLY MEMBERS' COMMENTS Assembly member Symmons thanked the public for coming to the Assembly meeting. Assembly member Smiley spoke about the recent tsunami event. Assembly member Schroeder spoke about the AML Conference and school stratification meetings. Assembly member Kavanaugh spoke about the tsunami event, school stratification, AML resolutions and announced upcoming meetings. ADJOURNMENT SYMMONS moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 8:13 p.m. ATTEST: Nova M. Javier, MMC, orough Clerk Kodiak Island Borough December 6, 2018 KO���D BOR Daniel A. Rohrer, Mayor Approved on: December 20, 2018 Assembly Regular Meeting Minutes Page 8 of 8