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2012-10-18 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting October 18, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, October 18, 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. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tuck Bonney, Jerrol Friend, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Finance Director Karl Short, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. FRIEND moved to excuse Assembly members Austerman and Kaplan who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA STUTES moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Administrative Official Cassidy presented the Employee of the Quarter Award to Dora Cross, Revenue Accountant in the Finance Department. Administrative Official Cassidy presented a twenty -five year longevity award to Martin Lydick, Associate Planner /Enforcement in the Community Development Department. Mayor Selby recognized Nick Pletnikoff for his volunteer services at the Kodiak Island Borough. CITIZENS' COMMENTS April Eads and Amanda Bowers addressed the recent bear problem and asked that the Borough work with Alaska Waste to make garbage receptacles bear resistant and /or make the receptacles available. Ray Estrada, an Alaska Waste employee, explained that garbage roll carts worked throughout the state of Alaska when the customers follow the rules and bag their garbage correctly. • Kodiak Island Borough Assembly Minutes October 18, 2012 Page 1109 Tony Bravo who lives outside of the City limits addressed the problem of full garbage dumpsters. COMMITTEE REPORTS Assembly member Lynch reported that the Fisheries Work Group met Monday, October 15 to discuss the results of fishery meetings in Anchorage. PUBLIC HEARING 1. Ordinance No. FY2013 -05 Determining the Disposition of a Tax Foreclosed Property and Establishing Intention to Surplus and Sell Said Property by Finding That a Public Need Does Not Exist for the Property and Authorizing the Property for Immediate Disposal (P &Z Case 13- 011). FRIEND moved to adopt Ordinance No. FY2013 -05. • The KIB Resource Management Officer requested an expedited review of the tax foreclosed property at 1311 Larch Street due to its deteriorated condition and the prospect of substantial borough effort to protect the remaining value of the property before the onset of winter. The Commission reviewed. this property as required by KIBC 18.30.020 and found there was no compelling public purpose that would justify the borough to keep the property. The City of Kodiak was offered the property and declined that offer. The Planning and Zoning Commission held a public review of the case at its September 19, 2012 regular meeting. A copy of the resolution and other related case materials were provided to the Assembly for review and consideration in accord with the applicable provision of KIBC 18.20 Real Property Disposal — In General. The Borough Assessor valued the building and property between $70,000 - $80,000. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Bonney, Friend, Lynch, and Stutes (Ayes); Stephens (No). BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) Administrative Official Cassidy reported on the following: • Program of removing metals from the villages was on hold because of federal budget cut backs. • Addressed the issue of bears and reported that Alaska Waste and the Borough had issued public service announcements. Contact numbers were given for the public to report incidences. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on his meetings with the North Pacific Fisheries Management Council (NPFMC) where the City and Borough submitted joint by -catch recommendations. Mayor Selby requested that the City and Borough schedule a joint work session early January 2013 to discuss future input for the NPFMC February 2013 meeting. Kodiak Island Borough Assembly Minutes October 18, 2012 Page 1110 • UNFINISHED BUSINESS • 1. Reconsideration of Assembly Direction to Manager That All Further Performance and Payment Under Contract No. FY2012 -24, a Professional Services Contract Between KIB and Kodiak Construction Services, Together With Any and All Purchase Orders or Directives Issued in Reliance Thereon, be Suspended Until Such Time as Said Contract Has been Ratified and Approved Pursuant to an Ordinance Passed by the Assembly. Assembly member Lynch announced a conflict of interest with Contract No. FY2012 -24. Mayor Selby ruled there was a conflict and Assembly member Lynch stepped down from the dais. FRIEND moved to reconsider the vote taken on the Other Items agenda item directing the manager to suspend all further performance, payment, and actions of any kind under Contract No. FY2012- 24, a professional services contract between the Borough and Kodiak Construction Services, together with any and all purchase orders or directives issued in reliance thereon, be suspended until such time as said contract had been ratified and approved pursuant to an ordinance passed by the Borough Assembly; it being the intent of the motion that, until such an ordinance had been passed and became effective, said contract, purchase orders, and directives, if any, should be treated as if never executed. • On October 5, 2012, Assembly member Friend, seconded by Assembly member Stephens, filed a motion to reconsider the vote taken on the "Other Items" titled above. ROLL CALL VOTE ON MOTION TO RECONSIDER FAILED THREE TO ONE: Friend, Stephens, and Stutes (Ayes); Bonney (No). NEW BUSINESS Contracts 1. Contract No. FY2013 -12 Procurement of a Membrane Equipment System for the Kodiak Island Borough Landfill Lateral Expansion Phase III Leachate Treatment Plant. BONNEY moved to authorize the Manager to execute Contract No. FY2013 -12 for the procurement of a Membrane Equipment System for the Kodiak Island Borough Landfill Lateral Expansion Phase III Leachate Treatment Plant Project with ZENON Environmental Corporation d /b /a GE Water & Process Technologies of Oakville, Ontario, Canada in an amount not to exceed $2,044,503. Kodiak Island Borough Code 3.16.020 "Limitation of Manager's Authority" stated that a contract exceeding $25,000 required Assembly approval. This contract was for the procurement of a Membrane Equipment System for the Kodiak Island Borough Landfill Lateral Expansion Phase III Leachate Treatment Plant as shown in the proposal documents prepared by CH2MHill, Inc. The proposal documents, bid documents, and associated addenda were provided for review. Proposals were received in response to KIB's Invitation to Bid dated July 16, 2012, and two proposals were opened on August 16, 2012. After reviewing proposals and responses to the evaluation questions, staff determined that ZENON Environmental Corporation d /b /a GE Water & Kodiak Island Borough Assembly Minutes October 18, 2012 Page 1111 Process Technologies of Oakville, Ontario, Canada was the responsible proposer having submitted the lowest proposal. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Bonney, and Friend. Mayor Selby recessed the meeting at 8:18 p.m.; the meeting reconvened at 8:30 p.m. 2. Contract No. FY2013 -13 Employment Contract Between the Kodiak Island Borough Assembly and Erick A. Strahl as Manager. BONNEY moved to approve Contract No. FY2013 -13 Employment Contract Between the Kodiak Island Borough and Erick A. Strahl as Manager. The process of hiring for the Kodiak Island Borough Manager started in April 2012. The Assembly interviewed six candidates and offered the position to Mr. Erick A. Strahl. A negotiating team comprised of Mayor Selby and Assembly member Stephens was formed by the Assembly to discuss the terms of the contract with Mr. Strahl. BONNEY moved to postpone Contract No. FY2013 -13 Employment Contract Between the Kodiak Island Borough and Erick A. Strahl as Manager to November 1, 2012. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FOUR TO ONE: Stutes, Bonney, Friend, and Stephens (Noes); Lynch (Aye). ROLL CALL VOTE ON MOTION TO APPROVE CONTRACT NO. FY2013 -13 FAILED UNANIMOUSLY: Friend, Lynch, Stephens, Stutes, and Bonney. FRIEND moved to convene into executive session to discuss Contract No. FY2013 -13 Employment Contract Between the Kodiak Island Borough and Erick A. Strahl as Borough Manager which qualified for executive session as a matter which would tend to defame or prejudice the character or reputation of any person. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Lynch, Stephens, and Stutes. Mayor Selby invited the Borough Assembly, Administrative Official Cassidy, Clerk's office staff, and incoming Assembly member Griffin into executive session. After the vote, Mayor Selby recessed the regular meeting at 8:25 p.m. and convened the executive session. Upon returning from the executive session, Mayor Selby reconvened the regular meeting at 8:35 p.m. and gave direction to Clerk Javier to reopen the recruitment process for the Borough Manager position. Mayor Selby explained that Mr. Erick A. Strahl had declined the position of Borough Manager. Kodiak Island Borough Assembly Minutes October 18, 2012 Page 1112 Resolutions 1. Resolution No. FY2013 -14 Ratifying and Certifying the Results of the Municipal Election Held October 2, 2012. STUTES moved to adopt Resolution No. FY2013 -14. The Election Canvass Board met on Thursday, October 4, 2012, and started the canvassing for the October 2, 2012 Municipal Election. The Canvass Board met again on Wednesday, October 10, • 2012 to finish the canvassing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Lynch, Stephens, Stutes, and Bonney. Ordinances for Introduction 1. Ordinance No. FY2013 -07 Approving a Rezone for Lot 3, Block 4, Port Lions Subdivision 3rd Addition From R1- Single Family Residential To PL- Public Use Zoning District (Case 13 -010). FRIEND moved to adopt Ordinance No. FY2013 -07 in first reading to advance to public hearing at the next meeting of the Assembly. This rezone was initiated by the Planning and Zoning Commission to address the construction of a public facility (water treatment plant) on a R1- Single Family zoned residential lot. This action addressed a citizen complaint. The site was adjacent to existing Public Lands (PL) zoned lot. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Bonney, Lynch, • and Friend. 2. Ordinance No. FY2013 -08 Amending Title 2 Administration and Personnel Chapter 2.125 Architectural /Engineering Review Board Section 2.125.030 Qualifications. LYNCH moved to adopt Ordinance No. FY2013 -08 in first reading to advance to public hearing at the next meeting of the Assembly. This ordinance was requested by Mayor Selby. The Board was currently served by six members and an Assembly member representative. The change would make the board consistent with the other Assembly boards in which Assembly members appointed serve in an ex- officio capacity. Adding an additional seat to the board would open up opportunities from the public to serve on this board. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Bonney, Lynch, Friend, and Stephens. Other Items 1. Administer Oath of Office to Newly Elected Officials. Clerk Javier administered the Oath of Office to newly elected Assembly members Aaron Griffin and Chris Lynch. Kodiak Island Borough Assembly Minutes October 18, 2012 Page 1113 2. Presentation to Outgoing Assembly Members. Mayor Selby presented a plaque to outgoing Assembly member Friend. 3. Declaring a Seat on the Womens Bay Service Area Board Vacant. This item was approved under consent agenda. On September 27, 2012, the Clerk's Office received notification of Mr. Dennis Hilsinger's resignation from the Womens Bay Service Area Board, for the seat term to expire October 2014. With regret, the resignation of Mr. Dennis Hilsinger from the Womens Bay Service Area Board was accepted and the seat declared vacant. The Borough Clerk was directed to advertise the vacancy per Borough Code. CITIZENS' COMMENTS Rick Vahl spoke on behalf of Alaska Waste thanking the customers that spoke at the Assembly meeting and addressed the recent bear issue encouraging community outreach. ASSEMBLY MEMBER COMMENTS Assembly member Stutes thanked Nick Pletnikoff for his volunteer hours and spoke to the bear and garbage problem. • Assembly member Stephens thanked those persons that spoke about their bear and garbage concerns. Assembly member Bonney addressed the recent contract issue and the necessity for a code change. Assembly member Lynch congratulated Martin Lydick for his tenure at the Borough, thanked Nick Pletnikoff for his volunteer help, and thanked Rick Vahl for positive involvement in the garbage and bear issues. Assembly member Friend congratulated Dora Cross, Martin Lydick, and Nick Pletnikoff for their contributions at the Borough. He also encouraged the community to participate in the government process and welcomed his new granddaughter, Ariana, into the world. Announcements The next Assembly work session would be held on Thursday, October 25, 2012, at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, November 1, 2012, at 7:30 p.m. in the Borough Assembly Chambers. The Assembly and City Council would hold a Joint Work Session on Tuesday, October 30, 2012, at 7:30 p.m. in the Borough Assembly Chambers: Kodiak Island Borough Assembly Minutes • October 18, 2012 Page 1114 ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Lynch, Stutes, and Stephens. The meeting was adjourned at 8:55 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerdme M. Selby, Mayor- —• gririsa.„„),_, . N va M. Javier, MMC, B 1 ugh Clerk Approved on: December 6, 2012 • Kodiak Island Borough Assembly Minutes October 18, 2012 Page 1115