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2012-05-17 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting May 17, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, May 17, 2012, 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. Deputy Presiding Officer Friend led the Pledge of Allegiance. Present were Deputy Presiding Officer Jerrol Friend, Assembly members Tuck Bonney, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Engineering and Facilities Director Woody Koning, Finance Director Karl Short, Borough Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. KAPLAN moved to excuse Mayor Selby who was attending a NACO Western Interstate Region Conference and Assembly member Austerman who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA LYNCH moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of April 19, 2012, were approved under the consent agenda. AWARDS AND PRESENTATIONS Deputy Presiding Officer Friend proclaimed May 21 through May 28, 2012, National Safe Boating Week urging all those who boat to be "Boat smart. Boat safe. Wear it ". Kodiak Chamber of Commerce Economic Development Specialist Lale Gurer provided an annual report and an economic development update. Kodiak Island Convention and Visitors Bureau (KICVB) Executive Director Janet Buckingham provided an annual report and a presentation on the services of the KICVB. Finance Director Short provided a power point presentation on the Kodiak Island Borough FY2013 budget. CITIZENS' COMMENTS Suzanne Rapoza spoke in support of a rezone of certain properties along Sharatin Road and Wilton White Way to R2 -Two Family Residential District. Annie VanDyke spoke on the Kodiak Extended Learning Program provided by the school district. Kodiak Island Borough Assembly Minutes May 17, 2012 Page 1052 Melissa Barton, School District Board President, addressed questions to the Assembly regarding the reimbursements from the state for the Kodiak High School Renovation and Remodel project and how those would affect Borough tax payers. COMMITTEE REPORTS Assembly member Stutes reported on the Southwest Alaska Municipal Conference meeting held on May 17. Assembly member Lynch reported on the Fisheries Workgroup meeting of May 14. The next meeting was scheduled on Monday, June 18. Assembly member Friend reported on the Joint Building Code Review Committee meeting of May 7. PUBLIC HEARING 1. Resolution No, FY2013 -01 Establishing the Minimum Amount of Funds to Be Made Available From Local Sources for the Kodiak Island Borough School District for the Fiscal Year Beginning July 1, 2012 and Ending June 30, 2013. KAPLAN moved to adopt Resolution No. FY2013 -01. KIBC 3.15.030(B) provided that the school district shall submit to the manager the proposed budget and local support requirements by the 30 of April. On April 24, the School District requested a local contribution of $10,388,388. Resolution No. FY2013 -01 appropriated $9,931,800 to the school district. This was a difference of $456,880. Alaska Statutes 14.14.060C provided that if the Assembly did not, within 30 days, furnish the School Board with a statement (resolution) of the sum to be made available, the amount requested in the School Board budget would be automatically approved. Per Borough Code, the Assembly determined the total amount of money to be made available from local sources for school purposes. KIBC 3.15.050 provided that by June 10 the Assembly would appropriate the amount to be made available from local sources for that purpose in the Borough budget. KIBC 3.35.060(E) provided that the property tax levy for school and municipal purposes would be separately made and fixed and KIBC 3.60.020 provided that all motor vehicle registration taxes would be allocated to the area wide school system. Deputy Presiding Officer Friend opened the public hearing. Doug Dorner, Heather Preece, Marina Kaminsky, Tonva Silva- Johnson, Aaron Griffin, Katie Oliver, Melissa Borten, Kim Dorner, Suzanne Rapoza, Mary Forbes, Matt Gandel, Peggy Rauwolf, and Debra Kirk spoke in support of full funding for the school district. Deputy Presiding Officer Friend dosed the public hearing. KAPLAN moved to amend Line 37 of Resolution No. FY2013 -01 by changing the amount of $9,931,800 to $10,331,800. Kodiak Island Borough Assembly Minutes May 17, 2012 Page 1053 ROLL CALL VOTE ON MOTION TO AMEND FAILED FOUR TO TWO: Bonney, Friend, Stephens and Stutes (Noes); Kaplan and Lynch (Ayes). KAPLAN moved to amend Line 37 of Resolution No. FY2013 -01 by changing the amount of $9,931,800 to $10,131,800. ROLL CALL VOTE ON MOTION TO AMEND FAILED FOUR TO TWO: Friend, Stephens, Stutes, and Bonney (Noes); Kaplan and Lynch (Ayes). ROLL CALL VOTE ON MAIN MOTION CARRIED FOUR TO TWO: Stephens, Stutes, Bonney, and Friend (Ayes); Kaplan and Lynch (Noes). 2. Ordinance No. FY2012 -16 Amending Various Code Sections in Title 7 Elections. LYNCH moved to adopt Ordinance No. FY2012 -16. The ordinance clarified that hand counting of ballots would only pertain to precincts where the optical scans or other computer -read or electronic ballot counting equipment were not used, or in elections where write -in votes should be tallied. The ordinance instituted a requirement to file a declaration of candidacy for those who wished to run a write -in campaign. This amendment would incorporate language in the borough code in order to solidify the process in allowing minor variations in the spelling of write -in candidate names to be counted for a candidate. The ordinance would eliminate the unnecessary process of counting write -in votes on election night and it clarified the role of the receiving team. The effective date of this ordinance would be upon notification from the U.S. Department of Justice of non - objection to the Preclearance Request in accordance with Section 5 of the Voting Rights Act of 1965. The ordinance was reviewed by the Borough Attorney. At the work session of May 10, 2012, the Assembly requested that additional verbiage be included in the ordinance clarifying that only those required would need to file Public Official Financial Disclosure statements when filing a declaration of candidacy. A substituted version of Ordinance No. FY2012 -16 was provided to the Assembly for its review. LYNCH moved to amend Ordinance No. FY2012 -16 by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Bonney, and Friend. Deputy Presiding Officer Friend opened the public hearing. Seeing and hearing none, Deputy Presiding Officer Friend closed the public hearing. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FIVE TO ONE: Lynch, Stutes, Bonney, Friend, and Kaplan (Ayes); Stephens (No). Kodiak Island Borough Assembly Minutes May 17, 2012 Page 1054 BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Governor Parnell signed off on the FY2013 operating and capital budgets on Monday, May 14. Kodiak Island Borough, City of Kodiak, and Kodiak Rural Communities projects were included in the approved budget. • The deadline for comments on the code revisions to Titles 16, 17, and 18 was extended to June 8. • Out of the office May 22 -29 for a bond closing and personal leave. MESSAGES FROM THE BOROUGH MAYOR (Deputy Presiding Officer Friend) None. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2012 -20 Professional Services Agreement for Coordination /Constructability and Code Compliance Review of the Kodiak High School Addition and Renovation Project Design Documents. STUTES moved to authorize the Manager to execute Contract No. FY2012 -20 with PC Associates for the Coordination /Constructability Review and Code Compliance Review services in an amount not to exceed $141,371. Engineering /Facilities staff discussed the need for peer review of design documents for the Kodiak High School Addition and Renovation Project with various consultants and industry professionals. Most change orders, cost overruns, and time delays on projects of this magnitude were the direct result of coordination errors within the construction documents. Considering all factors involved in this project, the consensus from a risk, cost, and quality control perspective was that the proposed review by a third party would provide value to the project. The Coordination /Constructability Review would verify that the bid documents provided sufficient instructions to the builder to construct the building and that the various design dements fit together without conflict. The Code Compliance Review was normally outsourced by the local building official to verify that the building would meet all code requirements, and fees would be charged to the project. Combining both the Coordination /Constructability Review and the Code Compliance Review by the same vendor would allow for cost reductions based on the reviewer's familiarity with the project and by applying that advantage to both tasks. PC Associates was recommended as a leading firm in design review and reporting. The firm provided a thorough interdisciplinary review methodology as described in the attached proposal. References were checked with consultants and firms in the business of delivering large projects resulting in positive responses. PC Associates specialized in plan review and had performed their services throughout the west since 1989. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Bonney, Friend, Kaplan, and Lynch. Kodiak Island Borough Assembly Minutes May 17, 2012 Page 1055 Resolutions 1. Resolution No. FY2012 -30 Disposing of Certain Borough Owned Land to the City of Kodiak for Less Than Fair Market Value (P &Z Case 12 -031). This item was approved under the consent agenda. A citizen's group called the Kodiak Public Library Association was working with the City of Kodiak to construct a new city owned public library on Borough Hill in the vicinity of the barn. The existing city owned lot was not large enough to locate the facility, provide needed parking, and provide proper drainage and setbacks. The City asked for transfer of a portion of an adjacent Borough land parcel. The Borough land was the parcel where the Red Cross Building was located. The Planning and Zoning Commission (P &ZC) reviewed this disposal request and by resolution recommended that the Assembly approve of the disposal. KIB 18.20.030 required P &ZC review and recommendation to the Assembly by resolution of its recommendation, which was made part of the case packet. Ordinances for Introduction 1. Ordinance No. FY2013 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2012 and Ending on the Thirtieth Day of June 2013 (Fiscal Year 2013 Budget). BONNEY moved to adopt Ordinance No. FY2013 -01 in first reading to advance to public hearing at the next regular meeting of the Assembly. Ordinance No. FY2013 -01 included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise Funds. The ordinance also levied a tax on the real and personal property within the Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Bonney, Friend, Kaplan, Lynch, and Stephens. Other Items 1. Approval of Revised Planning and Zoning Commission By -Laws. This item was approved under the consent agenda. During its regular meeting of April 18, 2012, the Planning and Zoning Commission reviewed and approved changes to its by -laws and recommended that they be forwarded to the Assembly for approval. The amendments recommended by the Commission were provided. 2. Assembly Review of a Planning and Zoning Commission Case Recommending Denial of a Rezone of Certain Properties Along Sharatin Road and Wilton White Way (P &Z Case 12 -022 — Wolf, Arnold, and Breeden). LYNCH moved to direct staff to prepare an ordinance for introduction to rezone Lots 1 -21, Blk 2, Perez Estates Subdivision from the R3- Multifamily Residential District to R2 -Two Family Residential District. The Planning and Zoning Commission held a public meeting on March 21, 2012, and denied a request to rezone various Tots along Wilton White Way and Sharatin Drive from R3- Multifamily Kodiak Island Borough Assembly Minutes May 17, 2012 Page 1056 Residential to R2 -Two Family Residential. The Commission postponed adopting Findings of Fact to support its denial of the request until the Commission meeting of April 18, 2012. The Commission's Findings of Fact were subsequently adopted at that meeting. KIBC 17.205.055(B) stated that the Commission's action was final "unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the Assembly ". There was no request submitted within the specified timeframe and the period to elevate the Commission's decision had expired. Staff recommended that the Assembly uphold the decision of the Commission by failing the motion to direct staff to prepare an ordinance for introduction to rezone the lots in question. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Bonney, Friend, Kaplan, Lynch, Stephens, and Stutes. 3. Hiring for the Position of Construction Inspector /Engineer at Salary Range 20, Step F. STUTES moved to authorize the salary placement of Construction Inspector /Engineer new hire at Salary Range 20, Step F. On April 3, 2012, an offer letter was sent to Mr. Dave Conrad for a full -time regular position of Construction Inspector /Engineer with the Engineering & Facilities Department for the Kodiak High School Addition and Renovation and Landfill Lateral Expansion and Closure projects. The offered pay rate was Range 20, Step C or $29.23 /hour and included employee benefits. Mr. Conrad offered to accept the position at a Salary Range 20, Step F or $31.48/ hour. According to Section 409 "Entrance Wage Rate" of the Kodiak Island Borough personnel manual, the Department head, subject to managerial approval, may place a new employee above the start rate, when such placement is a result of the new employee's directly applicable work experience and credentials. Assembly approval is required for any starting placement above Step C ". Staff recommended the hire of the applicant, who met the requirements of the position of Construction Inspector /Engineer. The applicant's credentials were complete and his work history demonstrated over 20 -years of experience in the construction management field as well as his experience assisting the Borough for the past two years in the management of the 2009 FEMA flood disaster projects. In addition, Mr. Conrad's offer included exemption from any retirement benefits normally included in the compensation of regular employees, which represented an 8% reduction in personnel costs. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Friend, Kaplan, Lynch, Stutes, and Bonney (Ayes); Stephens (No). CITIZENS' COMMENTS Melissa Gandel spoke in support of further funding for the school district. ASSEMBLY MEMBER COMMENTS Assembly member Stutes applauded the safe boating program, commended staff for extending the comment period for the code revision project, and praised staff for working with Mr. Oswalt regarding landfill issues in relation to his property. Assembly member Lynch thanked Mr. Herman for providing information on the safe boating program and congratulated Camp Woody on receiving the U.S. Coast Guard Auxiliary Safe Boating Award. Kodiak Island Borough Assembly Minutes May 17, 2012 Page 1057 Assembly member Kaplan thanked the public for its testimony on Resolution No. FY2013 -01. Assembly member Stephens spoke in support of local government consolidation. Assembly member Friend congratulated Finance Director Short for the 22 consecutive Budget Presentation Award and commended the U.S. Coast Guard Auxiliary on its efforts for the community. Announcements The Assembly would hold a special meeting and work session on Thursday, May 31 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, June 7 at 7:30 p.m. in the Borough Assembly Chambers. The Borough Offices would be closed on Monday, May 28, in observance of the Memorial Day Holiday. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Bonney, and Friend. The meeting was adjourned at 10:16 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby-May!5 r (Itirk \ # Nova M. Javier, MMC,porough Clerk Approved on: June 21, 2012 Kodiak Island Borough Assembly Minutes May 17, 2012 Page 1058