05/02/2013 Regular Meeting KODIAK ISLAND BOROUGH
Assembly Regular Meeting
May 2, 2013
A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, May 2, 2013,
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 Carol Austerman, Tuck Bonney, Dave
Kaplan, Chris Lynch, and Mel Stephens. Staff members present were Borough Manager Bud
Cassidy, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn.
KAPLAN moved to excuse Assembly members Griffin and Stutes who were absent due to
personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA
AUSTERMAN moved to approve the agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
None.
AWARDS AND PRESENTATIONS
Manager Cassidy presented a five-year longevity award to Bob Tucker, Maintenance
Coordinator in the Engineering/Facilities Department.
Mayor Selby presented the Student of the Month Award for May 2013 to Shannon Armstrong, a
Senior at Kodiak High School.
Mayor Selby congratulated Finance Director Short for 30 years of employment with the Borough
and commended him on his efforts through the years.
CITIZENS' COMMENTS
Jennifer Webster spoke on the alternates available for the Kodiak High School Addition and
Renovation project, specifically the indoor jogging track alternative. A community petition was
presented to add the indoor track to the project.
Kodiak Island Borough Assembly Minutes
May 2, 2013 Page 1200
COMMITTEE REPORTS
Cindy Harrington, Solid Waste Advisory Board "Spruce Up Kodiak" Subcommittee Co-Chair,
gave an update on the activities of the subcommittee. She thanked the Assembly, community,
and Kodiak Daily Mirror for the efforts on the Community Clean Up Event scheduled for May 5.
Assembly member Kaplan reported on the Kodiak College Advisory Board meeting held on May
2, and invited the Assembly to support the 2013 Kodiak College graduates on May 10.
Assembly member Lynch reported on the Kodiak Fisheries Work Group meeting of April 29.
PUBLIC HEARING
A. Ordinance No. FY2013-15 A Rezone According to KIBC 17.205.0 to Rezone Proposed
Lots 5B and 5C, Block 1, Chiniak Alaska Subdivision From PL-Public Use Zoning District
To RR2-Rural Residential Two Zoning District(P&Z Case 13-018, Chiniak).
AUSTERMAN moved to adopt Ordinance No. FY2013-15.
The Borough Resource Management Officer identified two parcels of land in the Chiniak
Subdivision, which could be suitable for disposal at a future land sale. Planning and Zoning
Commission Cases No. 13-019 and 13-002 declared these two parcels as surplus to the
public's need.
Prior to public disposal, a rezone to a suitable residential zoning district was required. The
adopted plan guidance and surrounding neighborhood indicated that the Rural Residential Two
Zoning District was the most appropriate zoning district for the purpose of disposal.
The Commission held a public hearing on March 20, 2013, on the request and found the it to be
consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive
Plan Update.
Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the
public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Kaplan,
Lynch, and Stephens.
BOROUGH MANAGER'S REPORT
Manager Cassidy reported on the following:
• Announced the Kodiak Community Clean Up event on Saturday, May 5. The Borough
Landfill would accept household and large items on the weekends of May 5 and May 11.
• Finance Director Short was preparing the FY2014 budget;
• RFP for legal services was available, the deadline to submit proposals was May 3;
• May 9 work session items would include the FY2014 budget, a FY2013 budget
amendment, the salary compensation study presentation, and the School District funding
resolution;
• Kodiak Housing Task Force meeting would be held on May 14 at 7 p.m.; and
• Letter of support was written for the Sun'aq Tribe grant regarding increasing seafoods
served in schools.
Kodiak Island Borough Assembly Minutes
May 2, 2013 Page 1201
MESSAGES FROM THE BOROUGH MAYOR
Mayor Selby reported on the Community Economic Development Committee meeting and
approved the 2013 Kodiak Region Comprehensive Economic Development Strategy document;
copies would be provided to the Assembly. Mayor Selby asked for Assembly consensus on a
letter of support regarding the Alaska Sea Grant College Program; there was no objection to the
issuance of the letter.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
1. Contract No. FY2013-28 Letter of Engagement for Legal Services Associated With the
Sale of Revenue Bonds for the Long Term Care Facility.
BONNEY moved to authorize the Manager to execute Contract FY2013-28 with Wohlforth
Brecht Carteledge & Brooking of Anchorage, Alaska for a Letter of Engagement for Legal
Services associated with the sale of revenue bonds for the Long Term Care Facility in the
amount not to exceed $25,000 plus reimbursable expenses.
The attorney firm of Wohlforth Brecht Cartledge & Brooking provided the Borough bond counsel
services in the past; Finance Director Short stated that the services were thorough and
professional. Bond counsel services were considered outside of the Borough's contract for
general legal services that Wohlforth Brecht Cartledge & Brookings provided to the Borough.
By amending the Agreement for Bond Counsel Services from a fee of $17,500 (per the July 18,
2012 Agreement) with the revised agreement letter dated January 9, 2013, and raising the fee
to $25,000 plus expenses, the Borough would be spending over the $25,000 limit under which
the Manager had authority. The recent changes to the purchasing code adopted January 17,
2013, also required that the Assembly be notified if the total payment to one contractor
exceeded $25,000 for similar types of work in one fiscal year. With the sale of General
Obligation bonds for the KHS Addition and Renovation project by the Borough Attorney's firm,
Assembly notification was required.
KAPLAN moved to postpone Contract No. FY2013-28.
ROLL CALL VOTE ON MOTION TO POSTPONE FAILED THREE TO TWO: Kaplan, Lynch,
and Austerman (Ayes); Bonney and Stephens (Noes).
ROLL CALL VOTE ON MAIN MOTION FAILED THREE TO TWO: Lynch, Austerman, and
Kaplan (Ayes); Bonney and Stephens (Noes).
Kodiak Island Borough Assembly Minutes
May 2, 2013 Page 1202
2. Authorizing the Manager to Execute Change Order No. 16 to Contract No. FY2007-22
Landfill Lateral Expansion Design and Construction Service for Services During
Construction (SDC).
AUSTERMAN moved to authorize the Manager to execute Change Order No. 16 to Contract
No. FY2007-22 Landfill Lateral Expansion Design and Construction Service with CH2M Hill
Engineers, Inc. for Services During Construction in an amount not to exceed $900,830 which
will be paid on an actual hours worked basis.
The Engineering firm for the Kodiak Landfill Lateral Expansion project, CH2MHill Engineers, Inc.
(CH2MHill), submitted two change order requests in the total amount of $900,830 for Services
During Construction (SDC).
Previous Change Order No. 14 covered additional Phase 2 SDC for the 12-month period from
October 1, 2012 to October 1, 2013, the anticipated completion date for Phase 2 construction. It
was apparent that Phase 2 construction would extend through September 2014. CH2MHill
requested an additional $171,450 for SDC to be billed on a time and materials basis. Phase 3
construction was scheduled to begin summer of 2014. CH2MHill requested a "not to exceed
amount of $729,380" for SDC for this Phase. Further information was contained in memos from
Cory Hinds, CH2MHill.
ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Lynch, Austerman, Bonney, and
Kaplan (Ayes); Stephens (No).
3. Contract No. FY2013-29 Installation of Electrical Services for the KHS Addition and
Renovation Project.
KAPLAN moved to authorize the Manager to execute Contract No. FY2013-29 with Kodiak
Electric Association to construct a new high voltage electrical service for the Kodiak High School
Addition and Renovation Project in an amount not to exceed $63,280.
The KHS Addition and Renovation Project required new high voltage electrical services.
Identification of the scope of these services were described in the proposal prepared by Jim
Devlin, Engineer, Kodiak Electric Association.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Austerman, Bonney,
Kaplan, and Lynch.
Resolutions
None.
Ordinances for Introduction
None.
Other Items
None.
CITIZENS' COMMENTS
None.
Kodiak Island Borough Assembly Minutes
May 2, 2013 Page 1203
ASSEMBLY MEMBER COMMENTS
Assembly member Bonney explained why he voted against Contract No. FY2013-28, and asked
the Manager to request additional information from the Borough Attorney.
Assembly members Austerman, Kaplan, and Lynch congratulated Karl Short on his 30 year
anniversary with the Borough, and Student of the Month and Longevity Award recipients.
Assembly member Lynch thanked the "Spruce Up Kodiak" subcommittee for its work on the
Community Clean Up Event.
Announcements
The next Assembly work session was scheduled on Thursday, May 9 at 7:30 p.m. in the
Borough Conference Room. The next regular meeting was scheduled on Thursday, May 16 at
7:30 p.m. in the Borough Assembly Chambers.
ADJOURNMENT
KAPLAN moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Kaplan,
Lynch, and Stephens.
The meeting was adjourned at 8:11 p.m.
KODIAK ISLAND BOROUGH
ATTEST: J ome M. Selb}c,-Mayor
10/frik 1/4
Nova M. Javier, MMC, •rough Clerk Approved on: June 6, 2013
Kodiak Island Borough Assembly Minutes
May 2, 2013 Page 1204