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2011-12-15 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting December 15, 2011 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, December 15, 2011, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Jerrol Friend, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Engineering and Facilities Project Manager Ken Smith, Deputy Clerk Marylynn McFarland, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA FRIEND moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of November 3, 2011, were approved under the consent agenda. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS Charlie Powers spoke in support of including the Baranof Park Improvement project funds under Ordinance No. FY2012 -01A. COMMITTEE REPORTS Solid Waste Advisory Board (SWAB) Chairperson Nick Szabo reported on the SWAB meeting of December 12, 2011, at which Alaska Waste met with the board regarding recycling efforts. Assembly member Friend reported on the Architectural /Engineering Review Board meeting of December 14, 2011, regarding the Kodiak High School Renovation and Remodel project. Assembly member Stutes reported on the Project Advisory Committee meeting regarding the code revisions. Mayor Selby reported on the Kodiak Workforce Regional Advisory Council meeting of December 14, 2011. Kodiak Island Borough Assembly Minutes December 15, 2011 Page 999 PUBLIC HEARING 1. Ordinance No. FY2012 -13 Rezoning Certain Lots Along Spruce Cape Road From R1- Single Family Residential To R2 -Two Family Residential (P &Z Case 12 -002). KAPLAN moved to adopt Ordinance No. FY2012 -13. A petition for the rezone of a single lot came as a request before the Planning and Zoning Commission. The Commission voted to expand the area to be considered for rezoning from one lot to a compact area containing nine parcels. Public hearing notices were sent out to the neighbors and also to utility companies and agencies. The request was affirmed with the Commission recommendation that the Borough Assembly approve the rezone request. Forty -two public hearing notices were mailed on Monday, December 5, 2011, by the Clerk's office. Public hearing responses received were provided. Mayor Selby opened the public hearing. Del Green spoke in support of Ordinance No. FY2012 -13. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Kaplan, Lynch, Stephens, Stutes, and Austerman. 2. Ordinance No. FY2012 -01A Amending Ordinance No. 2012 -01 Fiscal Year 2012 Budget By Amending Budgets to Account for Various Revenues that Are Over Budget, Provide for Additional Expenditures, Budget New Projects, Accept Grants, and Move Funds Between Projects. AUSTERMAN moved to adopt by Substitution Ordinance No. FY2012 -01A. This ordinance: • Budgeted for 50% of the cost of the fisheries consultant from the City of Kodiak; • Increased the Kodiak High School Asbestos Removal and Floor Covering project by $83,044 to comply with the State budget; • Combined the Kodiak High School VocEd /Pool Reclamations project, Kodiak High School Old Pool Roof and HVAC Renovations project, and the Kodiak High School Master Plan project; • Increased the Baranof Park Renovation project by $500,000; • Increased the Learning Center Remodel project by $171,918; • Accepted and budgeted a grant in the amount of $466,000 for the Kodiak High School Renovation and Additions project and decreased the amount of the General Obligation bonds to be issued by the same amount; • Accepted and budgeted a grant in the amount of $2,000,000 for the Anton Larsen Bay Boat Ramp project; • Accepted and budgeted grants received for the Karluk Village, Chiniak, Akhiok, Ouzinkie, and Larsen Bay warning sirens; Kodiak Island Borough Assembly Minutes December 15, 2011 Page 1000 • Accepted and budgeted a grant in the amount of $1,025,000 for the Womens Bay Tsunami Shelter; • Accepted and budgeted a grant in the amount of $1,190,853 for the Old Harbor, Karluk, and Port Lions emergency generators; • Budgeted for the Long Term Care Center Design project in Fund 495; • Accepted and budgeted a grant in the amount of $435,147 for the East Elementary School emergency generator; • Accepted and budgeted a grant in the amount of $1,275,000 for the design and planning of the Long Term Care Center; and • Budgeted for the Borough's contribution to the Providence Kodiak Island Medical Center by $150,000. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. STEPHENS moved to amend Ordinance No. FY2012 -01A by deleting all references to the Baranof Park Improvement project: page 1 of 2, "WHEREAS, the first phase of renovating Baranof Park is estimated to cost $3,000,000 with funding by a state contribution of $2,000,000, a City of Kodiak contribution $500,000, and a Borough contribution of $500,000 "; page 2 of 2, section 10, "The Borough appropriates $500,000 from the receipts in the Renewal and Replacement Fund to the Baranof Park renovation project to be released to the City of Kodiak after Borough Assembly approval of an agreement with the City. "; page 7 of the budget backup information under Fund 469 Renewal and Replacement Projects, line item Receipts in Renewal and Replacement Fund, $500,000; and page 7 of the budget backup information under Fund 469 Renewal and Replacement Projects Expenditures, line item Baranof Park, $500,000. ROLL CALL VOTE ON MOTION TO AMEND FAILED FIVE TO TWO: Kaplan, Lynch, Austerman, Bonney, and Friend (Noes); Stephens and Stutes (Ayes). STEPHENS moved to amend Ordinance No. FY2012 -01A by decreasing funds for the Fisheries Analyst Consultant position from $40,000 to $15,000. The motion failed due to lack of a second. FRIEND moved to amend the Fisheries Analyst Consultant budget from $40,000 to $20,000 for the remainder of FY2012. ROLL CALL VOTE ON MOTION TO AMEND FAILED FOUR TO THREE: Lynch, Kaplan, Austerman, and Bonney (Noes); Stephens, Stutes, and Friend (Ayes). ROLL CALL VOTE ON MAIN MOTION CARRIED FIVE TO TWO: Friend, Kaplan, Lynch, Austerman, and Bonney (Ayes); Stephens and Stutes (Noes). BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Announced that the former Assessment Clerk I had recently been promoted to Appraiser Technician in the Assessing Department and the Revenue Accountant and Accounting Tech /AP positions in the Finance Department had been filled; and Kodiak Island Borough Assembly Minutes December 15, 2011 Page 1001 • The U.S. Department of State Bureau of Educational and Cultural Affairs Private Sector Exchange released a Guidance Directive 2011 -05 addressing the Summer Work Travel Program; and • A letter was received from Governor Parnell affirming funding in the FY2013 capital budget for the Landfill Lateral Expansion Phase II project in the amount of $3,090,000; and • Wished everyone a Merry Christmas and Happy Holidays. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on the Western Interstate Region (WIR) meeting held on December 15, 2011. WIR and National Association of Counties (NACO) staff were working on Payment in Lieu of Tax (PILT) and Secure Rural School Program funding as the top priorities, with Regulatory Relief and Economic Recovery as the secondary priorities. Staff was also working with the Department of Interior to form a Federal Lands Use process that would seek local input before decisions were made regarding the use of federal lands. Mayor Selby wished everyone a Merry Christmas and Happy New Year, and encouraged the community to assist those in need during the holiday season. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2012 -15 Professional Services Agreement for Fisheries Analyst Consulting and Related Services. KAPLAN moved to authorize the Manager to execute Contract No. FY2012 -15 with Alaska Resource Consultancy, LLC of Kodiak, Alaska for fisheries analyst consultant services in an amount not to exceed $40,000. The Borough Assembly and City Council discussed the need to jointly have a fisheries analyst consultant to provide professional advice and information on fisheries related issues to both groups. The issue was discussed many times over the course of a year or more. During the summer 2011, both groups created a small sub - fisheries committee of two Assembly members, two Council members, and both Managers to develop a Request for Proposals (RFP) for the services of a fisheries analyst consultant. The Borough Manager issued the RFP and the sub - committee met on September 1, 2011, to review the two proposals received. The Assembly and Council met in a joint work session on September 13, 2011, to discuss the two proposals and accepted the sub - committee's recommendation that Denby Lloyd with Alaska Resource Consultancy be interviewed. On October 24, 2011, the Assembly and Council interviewed Mr. Lloyd and the sub - committee met on October 27, 2011, and developed a contract for review by Mr. Lloyd and both bodies. The contract was negotiated by the Borough Manager, City Manager, and Mr. Lloyd and was reviewed by the Borough Attorney. The contract was for two years with two one -year options to extend upon approval by the Borough, City, and Contractor. The contract was for $4,000 per month Kodiak Island Borough Assembly Minutes December 15, 2011 Page 1002 • and reimbursement of reasonable travel - related costs. The costs would be shared with the City on a 50 -50 basis. A mid -year budget amendment was previously before the Assembly for approval and included a budget of $40,000 for the contract. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Stephens, Stutes, Austerman, Friend, Kaplan, and Lynch (Ayes); Bonney (No). 2. Contract No. FY2012 -16 Kodiak High School Addition /Renovation Mill Bay Parking Lot Project. FRIEND moved to authorize the Manager to execute Contract No. FY2012 -16 with Red Hook Construction, LLC for the Kodiak High School Addition /Renovation Mill Bay Parking Lot Project in an amount not to exceed $887,500. This contract was for the Kodiak High School (KHS) Addition /Renovation Mill Bay Parking Lot Project as shown on construction documents prepared by Jensen Yorba Lott, Inc. The project would provide eighty parking spaces, alleviating the parking shortage that would occur during the KHS Construction Phase I. Upon completion of the construction project, the Mill Bay parking lot area would be utilized by the individuals in the Borough Building, including staff for the Kodiak Island Borough, City of Kodiak, and Kodiak Island Borough School District. The construction documents, bid documents, and associated addenda were available for review. Bids were received in response to the Borough's invitation to bid dated October 11, 2011. Red Hook Construction, LLC was the low bidder for the project and the bid tabulation was provided. Assembly member Friend spoke on this contract as the first stage of the KHS Remodel and Renovation Project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Bonney, Friend, Kaplan, Lynch, and Stephens. Resolutions 1. Resolution No. FY2012 -13 Urging the North Pacific Fishery Management Council to Provide for Videoconferencing and Other Means of Remote Communication for Its Meetings. AUSTERMAN moved to adopt Resolution No. FY2012 -13. The Kodiak Fisheries Advisory Committee met on September 16, 2011, and agreed that the Kodiak Island Borough Assembly and Kodiak City Council should consider urging the North Pacific Fishery Management Council (NPFMC) to provide video conferencing of its meetings. NPFMC meetings were often held in remote areas of the state causing travel expenses to these areas to be cost prohibitive and ultimately reduced access to vital information and decisions made by the NPFMC. Attendance by video and remote conferencing would provide rural communities the choice and flexibility to be involved in the process without the huge demands of substantial travel time and costs. Kodiak Island Borough Assembly Minutes December 15, 2011 Page 1003 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Friend, Kaplan, Lynch, Stephens, and Stutes. 2. Resolution No. FY2012 -14 Certifying the FY2012 Shared Fisheries Business Tax Program Application to be True and Correct. KAPLAN moved to adopt Resolution No. FY2012 -14. AS 29.60.450 required that for a municipality to participate in the FY2012 Shared Fisheries Business Tax Program, the municipality must have demonstrated to the Department of Community and Economic Development (DCED) that the municipality suffered significant effects during calendar year 2010 from fisheries business activities. DCED prepared specific application forms for the purpose of presenting the municipality's claims as to the significant effects suffered by the municipality during calendar year 2010. 3AAC 134.100 required the governing body of the municipality to include with the municipality's FY2012 program application an approved resolution certifying the information contained in the application to be true and correct. This resolution certified the information contained in the Kodiak Island Borough FY2012 Shared Business Tax Program application to be true and correct. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Kaplan, Lynch, Stephens, Stutes, and Austerman. Ordinances for Introduction 1. Ordinance No. FY2012 -14 Rezoning a Parcel of Land at the Intersection of Rezanof Drive and Otmeloi Way From RR1 -Rural Residential One Zoning District To B- Business Zoning District (P &Z Case 12 -014). STUTES moved to adopt Ordinance No. FY2012 -14 in first reading to advance to public hearing at the next regular meeting of the Assembly. A petition for the rezone of a single lot came as a request before the Planning and Zoning Commission. Public hearing notices were sent to neighbors as well as utility companies and agencies. The request was affirmed with the Commission recommending that the Borough Assembly approve the rezone request. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Kaplan, Lynch, Stephens, Stutes, Austerman, and Bonney. Other Items 1. Confirmation of Mayoral /Assembly Appointments to Various Boards, Commissions, and Committees. AUSTERMAN moved to confirm the Mayoral and Assembly appointments to the various boards, committees, and commissions as follows: Kodiak Island Borough Assembly Minutes December 15, 2011 Page 1004 MAYORAL APPOINTMENTS Architectural /Engineering Review Board Scott Bonney, Michael Brechan, and Sonny Vinberg to seats expiring 2014 Parks and Recreation Committee Rick Lindholm and Mike Marion to seats expiring 2014 Planning and Zoning Commission Sonny Vinberg and Alan Schmitt to seats expiring 2014 ASSEMBLY APPOINTMENT Citizens Board of Equalization John Parker to a seat expiring 2014 Original advertising reflected a deadline for applications by Friday, November 18, 2011. Having not received applications for all the open seats, the deadline was extended to Friday, December 2, 2011, for the unfilled seats. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, • Austerman, Bonney, and Friend. CITIZENS' COMMENTS Rick Lanqfitt and Rich Walker thanked the Assembly for its support on funding the Baranof Park Improvement project under Ordinance No. FY2012 -01A. ASSEMBLY MEMBER COMMENTS Assembly members wished everyone a Merry Christmas and Happy New.Year and thanked current • and newly appointed board and committee members for volunteering to serve their community. Assembly member Stephens wished the community a Merry Christmas and Happy New Year. He requested that the Borough's monthly financial reports be brought current and available, urged staff to reconsider the use of credit cards for payments to the Borough, and spoke in support of a system for online payments for property taxes, etc. Assembly member Stephens spoke on concerns regarding the Kodiak High School Renovation and Remodel project. Assembly member Stutes addressed her reasons for voting against the Baranof Park Improvement funding under Ordinance No. FY2012 -01A. Assembly member Kaplan thanked Coach Langfitt and Charlie Powers for their support and efforts towards the Baranof Park Improvement project. Assembly member Lynch spoke on the letter received from Governor Parnell regarding funding for the Landfill Lateral Expansion project. She thanked Mayor Selby and others around the state who were working to reestablish the Coastal Management Program. Kodiak Island Borough Assembly Minutes December 15, 2011 Page 1005 Announcements Mayor Selby announced that the Borough offices would be closed Monday, December 26, 2011, in observation of the Christmas Holiday and Monday, January 2, 2012, in observance of the New Year's holiday. The next Assembly work session would be held on Thursday, December 29, 2011, at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, January 5, 2012, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, Bonney, Friend, and Kaplan. The meeting was adjourned at 9 p.m. KODIAK ISLAND BOROUGH LIZ\ ATTEST: Jeridme M. Selby, Mayor I�lt _ ? Nova M. Javier, Mt , Borough Clerk Approved: January 19, 2012 Kodiak Island Borough Assembly Minutes December 15, 2011 Page 1006