08/01/2013 Regular Meeting KODIAK ISLAND BOROUGH
Assembly Regular Meeting
August 1, 2013
A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, August 1,
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.
The invocation was given by Sergeant Major Dave Blacketer of the Salvation Army. Mayor
Selby led the Pledge of Allegiance.
Present were Mayor Jerome Selby, Assembly members Carol Austerman, Aaron Griffin, Dave
Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Bud Cassidy,
Engineering and Facilities Project Manager/Inspector Matt Gandel, Resource Management
Officer Bob Scholze, Clerk Nova Javier, and Deputy Clerk Jessica Kilborn.
KAPLAN moved to excuse Assembly members Bonney and Stephens who were absent due to
personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
KAPLAN moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
Regular Meeting Minutes of July 2, 2013, were approved under the consent agenda.
AWARDS AND PRESENTATIONS
None.
CITIZENS' COMMENTS
Martha McKinney spoke to the greenbelt and zoning in the Landfill for the use of composting.
Ken Reinke reported on new activities and the drive-thru recycling program at Threshold
Recycling and thanked the Assembly for its support.
COMMITTEE REPORTS
None.
PUBLIC HEARING
A. Ordinance No. FY2014-04 Rezoning the Remainder Portion of the KIB Landfill Tract And
Lot 2 Sawmill Subdivision From a Combination of C-Conservation and PL-Public Use
Lands To Natural Use (Case No. 13-027, Landfill).
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August 1, 2013 Page 1247
AUSTERMAN moved to adopt Ordinance No. FY2014-04.
The Borough Assembly directed that a rezone of the remainder of the Landfill Tract, not
previously rezoned to I—Industrial, be investigated by the Planning and Zoning Commission for a
rezone to the NU-Natural Use Zoning District, along with Lot 2 of the Sawmill Subdivision.
Direction given also included the charge of investigating the merits of amending Ordinance No.
98-06, the Landfill Greenbelt Ordinance. The Commission held a public hearing on June 19,
2013 on the rezone request and found the request consistent with the goals and objectives of
the 2008 Kodiak Island Borough Comprehensive Plan Update. The Commission voted
unanimously to recommend the Assembly approve the rezone request. The Commission
declined to directly address Ordinance No. 98-06, but rather referred the matter of the Landfill
Greenbelt Ordinance to the Monashka Bay Road Service Area Board. Public hearing notices
were mailed out on Friday, July 19; responses were provided to the Assembly.
Mayor Selby opened the public hearing.
Paul Zimmer, Martha McKinney, Jean Dixon, Douglas Penqilly, and Tia Leber spoke in support
of Ordinance No. FY2014-04.
Mayor Selby closed the public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Griffin, Kaplan,
Lynch, and Stutes.
B. Ordinance No. FY2014-05 Rezoning a Portion of Lot 1 United States Survey 2539 From C-
Conservation To RR1-Rural Residential One Zoning District (P&Z Case No. 13-028, Kodiak
Island Borough).
AUSTERMAN moved to adopt Ordinance No. FY2014-05.
The Borough Resource Management Officer identified two parcels of land suitable for disposal
at a future land sale. Assembly Resolution No. FY 2013-08 declared the parcels surplus and
eligible for disposal. Planning and Zoning Commission Case No. S13-023 affected the
subdivision of the land into code compliant parcels.
Prior to public disposal, a rezone to a suitable residential zoning district was required. The
adopted plan guidance, and surrounding neighborhood, indicated that the R1-Rural Residential
One Zoning District was the most appropriate zoning district for the purpose of disposal.
The Commission held a public hearing on June 19, 2013, on the request and found the request
was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive
Plan Update. The Commission voted unanimously to recommend the Assembly approve the
rezone request. Public hearing notices were mailed out on Friday, July 19; responses were
provided to the Assembly.
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Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the
public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stutes,
and Austerman.
C. Ordinance No. FY2014-06 Rezoning Tract A Marine Center Subdivision From RB-Retail
Business Zoning District To B-Business Zoning District (Case No. 13-029, Marine Center).
KAPLAN moved to adopt Ordinance No. FY2014-06.
The applicant requested a rezone of the parcel in order to allow a more intensive use of the
property than allowed under the current RB-Retail Business zoning designation. The applicant's
projected client base was composed of local and itinerant fishing vessels and crews. The
proximity to the harbor and ease of access to the parcel were judged to be major determinants
in the likelihood of the business venture's success. The business investment would represent
the first significant private capital commitment in an otherwise underutilized tract already
benefitting from major municipal investments in the form of street and utility improvements.
The Commission held a public hearing on June 19, 2013 on the request and found the request
was consistent with the goals and objectives of the 1987 Near Island Comprehensive
Development Plan and the 2008 Kodiak Island Borough Comprehensive Plan Update. The
Commission voted unanimously to recommend the Assembly approve the rezone request.
Public hearing notices were mailed out on Friday, July 19. Responses were provided to the
Assembly.
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: Kaplan, Lynch, Stutes, and
Austerman (Ayes); Griffin (No).
D. Ordinance No. FY2014-01A Amending Ordinance No. FY2014-01 by Amending Budgets to
Provide for Various Additional Expenditures and to Budget for a Coastal Impact Assistance
Program (CIAP) Grant.
AUSTERMAN moved to adopt Ordinance No. FY2014-01A.
The ordinance was to provide for the following adjustments in the FY2014 budget:
• Fund 469 Renewal and Replacement Project #11009 Karluk Underground Storage Tank
bids needed to be increased from $292,972 to $412,931, an increase of $119,959 due to
the following:
o this project was originally budgeted in FY2011, with no subsequent increases for
inflation; and
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August 1, 2013 Page 1249
o due to staff shortages and workload the project did not begin until FY2014, and
construction costs had increased.
• Fund 469 Renewal and Replacement Project #12001 North Star Elementary School
Exterior needed to be increased from $269,499 to $357,127, an increase of $87,628 due
to the following:
o the scope of work originally only included painting the exterior of the school; and
o subsequent site investigations revealed the need for increased repairs, so the scope
of work increased to include repairing sections of siding, and re-coating the exterior
bus shelter canopies.
• Fund 469 Renewal and Replacement Project #12007 Larsen Bay Roof Repair project
bids were higher than anticipated and needed to be increased from $545,953 to
$598,200, an increase of $52,247.
• Fund 469 Renewal and Replacement had a contingency balance of$996,015.
• Most of the equipment in the Borough parks were old and in disrepair, and in following
direction stated in the adopted Assembly Strategic Plan, repairs would be done to one or
two Borough parks in FY2014.
• The Borough received a grant for $2,187,452 through the U.S. Fish and Wildlife Service,
Coastal Impact Assistance Program (CIAP) for the Metal Debris and Household
Hazardous Waste Clean-up and Removal from Remote Communities project.
AUSTERMAN moved to adopt Ordinance No. FY2014-01A by substitution.
ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED UNANIMOUSLY:
Lynch, Stutes, Austerman, Griffin, and Kaplan.
Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the
public hearing.
ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOULSLY: Stutes,
Austerman, Griffin, Kaplan, and Lynch.
BOROUGH MANAGER'S REPORT
Manager Cassidy reported on the following:
• Positive interaction with the City of Kodiak regarding the compost issue at the Landfill
and an additional site was identified which would be brought before the Assembly at its
next regular meeting;
• A tour of the Long-Term Care Facility would be held at the facility's site on Wednesday,
August 7, at 5 p.m.
• Borough Attorney Joe Levesque would be in attendance at the August 8 Assembly work
session.
• To address the dysfunctional tsunami sirens, bids would be requested for a regular
maintenance program.
• Wastewater Treatment Plant bids came in above the engineers' estimate; bids were
rejected and bidding would be held again in September or October 2013.
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MESSAGES FROM THE BOROUGH MAYOR
Mayor Selby reported on his attendance at the National Association of Counties annual
conference held in July 2013, materials from the conference would be made available for
review, and the legislative priorities discussed at the conference were reported on.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
1. Contract No. FY2014-03 Providence Kodiak Island Counseling Center Services to Kodiak
Island Borough School District for School Year 2013-2014.
AUSTERMAN moved to authorize the manager to execute Contract No. FY2014-03 with
Providence Kodiak Island Counseling Center of Kodiak, Alaska to provide mental health
services for the 2013-2014 school year in an amount not to exceed $381,350.
An agreement between the Kodiak Island Borough and Providence Kodiak Island Counseling
Center setting forth the terms and conditions pursuant to providing mental health services for
the Kodiak Island Borough schools was provided. The contractor worked with the School District
to identify and document a mutual understanding of the program's scope and requirements with
a focus on ensuring the greatest amount of quality service within the budgeted amount of
$381,350.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Griffin, Kaplan,
Lynch, and Stutes.
2. Contract No. FY2014-04 for Professional Land Surveying Services to Complete Boundary
Survey for ASLS 2012-59.
KAPLAN moved to authorize the Manager to execute Contract No. FY2014-04 with Kodiak Land
Surveying for professional land surveying services to complete ASLS 2012-59.
The intent of the Alaska State Land Survey (ASLS) 2012-59 was to finalize conveyance from
the State of Alaska of a portion of Lot 4, US Survey 2538-A, which comprised the Kodiak High
School campus. Approximately one half of Lot 4 was conveyed to the Borough in 1973 by
Patent #1571. The remaining portion of Lot 4 was not conveyed at that time pending resolution
of adjacent conveyances, including the Armory property. Due to oversight, it had not been
subsequently conveyed. The Borough continued to have management authority over the
property.
The Special Survey Instructions issued by Alaska Department of Natural Resources for ASLS
2012-59 proved to be more involved and complicated than originally understood. Also,
destruction of property monumentation by subsequent and current construction projects in the
area required substantial additional research and recovery of property corners to preform
necessary boundary calculations. Finally, there was an unforeseen need for easement
descriptions for utilities not accurately located, or located at all, in previous surveys. For those
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August 1, 2013 Page 1251
reasons, survey costs would increase significantly. The final cost to complete the project would
be determined by the number of hours necessary to satisfy State survey requirements
according to the rate schedule contained in the Land Survey Proposal submitted by Kodiak
Land Surveying dated November 26, 2012.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stutes,
and Austerman.
3. Contract No. FY2014-05 Approval of Agreements to Various Artists for the Kodiak High
School Addition and Renovation Art in Public Areas Project.
LYNCH moved to authorize the Manager to execute Contract No. FY2014-05 twelve artist
agreements for the Kodiak High School Addition and Renovation Art in Public Areas project per
the attached list in a total amount not to exceed $507,509.
Alaska Statute 35.27.010-030 declared it to be a state policy that a portion of appropriations for
capital expenditures be set aside for the acquisition of works of art to be used for state buildings
and other public facilities. The statute called for at least one percent of the cost of construction
be reserved for the design, construction, mounting, and administration of works of art. The
approved budget for artwork for the project was $667,578. The contracts provided for
consideration totaled $507,509 and with other expenses already expensed, $82,794 remained
in the budget. The amount would be used for extra lighting, coordination, and contingency.
The Borough, together with Jensen Yorba Lott, Inc. (JYL) and the Alaska State Council on the
Arts (ASCA) solicited proposals in a nationwide Call for Artists. The Request for Proposals
received 258 initial entries. A committee of local citizens, JYL, and the Kodiak Island Borough
School District (KIBSD) staff reviewed entries and narrowed the possible finalists to a total of
twenty-two artists who were requested to submit proposals for particular sites around the
project. Of the twenty-two pre-final proposals, eleven artists were chosen for ten sites. The
Borough and JYL staff negotiated scope, price, and schedule with the artists resulting in the
contracts provided. State statutes further stated that the selection of artists would be approved
by the School Board which was accomplished on February 18, 2013, and the School Board's
meeting minutes were provided for review.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes,
Austerman, and Griffin.
4. Approval of Amendment#4 to Contract No. FY2011-21 for the Kodiak High School Addition
and Renovation Project with Jensen Yorba Lott.
LYNCH moved to authorize the Manager to approve Amendment #4 to Contract FY2011-21
with Jensen Yorba Lott for additional services for the Kodiak High School Addition and
Renovation project in an amount not to exceed $439,720 and to be paid on actual hours worked
basis.
On January 20, 2011, the Assembly approved Contract No. FY2011-21 with Jensen Yorba Lott,
Inc. of Juneau, Alaska for the design of the Kodiak High School Addition and Renovation. At
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that time, it was recognized that additional services would be required, but could not be
identified until the construction design was completed. The level of effort for the additional
services had been identified. JYL requested a not to exceed amount of $439,720 for Additional
Services. The services included Construction Administration, Closeout, Structural Observations,
and Art in Public Places construction phase. The efforts would be billed for actual hours worked
and reimbursable expenses. The contract amendment would not exceed the approved budget
for the project. Further information was contained in memos provided to the Assembly.
ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Lynch, Austerman, Griffin, and
Kaplan (Ayes); Stutes (No).
Resolutions
1. Resolution No. FY2014-07 Authorizing the Manager to Execute a Sole Source Agreement
with Integrated Logic, LLC of Palmer, Alaska to Provide and Implement Kodiak High School
Information Technology Network Equipment.
GRIFFIN moved to adopt Resolution No. 2014-07.
As part of the Kodiak High School (KHS) Addition and Renovation project, the KIBSD server
room would be relocated from the Kodiak Middle School to the High School. KIBSD had an
agreement with Integrated Logic, LLC to provide information technology network services,
including an assessment of the current network and a four-year plan to refresh and improve
network services. Due to the current relationship and Integrated Logic's intimate knowledge of
the current network environment, KIBSD requested that the Assembly authorize the Manager to
execute a sole source agreement with Integrated Logic to provide and implement network
equipment required for the KHS Addition and Renovation project.
KIBC 3.30.070 Exception to bidding requirements allowed exceptions to open bidding
requirements for contracts for professional or unique services. "Professional services" was
defined as professional, technical, or consultant services.
LYNCH moved to postpone Resolution No. FY2014-07 to the August 15 regular Assembly
meeting.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Stutes,
Austerman, Griffin, Kaplan, and Lynch.
2. Resolution No. FY2014-08 Approving Fiscal Year 2014 Kodiak Island Borough Non-Profit
Funding.
AUSTERMAN moved to adopt Resolution No. 2014-08.
The Kodiak Island Borough was fortunate to enjoy the efforts of many benevolent non-profit
organizations that provided services that enriched the lives of the community. The Kodiak
charitable non-profit organizations provided humanitarian services that many of the community
members relied upon. The organizations provided expanded education, cultural, and health
services that could not be provided through the ordinary governmental budget. The
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organizations expanded the services that could be provided, with limited funds, through the
utilization of volunteers. The viability of these services was fundamental to the quality of life
enjoyed in the community.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Griffin, Kaplan,
Lynch, and Stutes.
3. Resolution No. FY2014-09 Requesting the Governor and Legislature to Develop a Long-
Term Solution to Ensure Full and Uninterrupted Ferry Service to Kodiak.
KAPLAN moved to adopt Resolution No. FY2014-09.
The MN Tustumena was removed from service on November 1, 2012, for scheduled repairs at
the Seward Ship's Drydock. The original return to service date of April 17, 2013, was delayed
due to unexpected steel work. The State of Alaska Marine Highway System (AMHS) approved
two additional extensions to allow time for the needed repairs to be performed with a return to
service date of July 23, 2013. Inspections of completed repairs did not meet required safety
standards for passenger service resulting in additional time needed to complete the required
safety standards.
Kodiak and the other communities that relied on service from the MN Tustumena experienced
negative economic impacts for over nine months with the vessel being out of service. The
resolution formally requested that Governor Parnell and the Alaska State Legislature develop an
immediate long-term solution to ensure the Kodiak region received scheduled and uninterrupted
service from the AMHS.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stutes,
and Austerman.
Ordinances for Introduction
None.
Other Items
1. Declaring a Seat on the Architectural/Engineering Review Board Vacant (Mike Brechan).
This item was approved under the consent agenda.
On Wednesday, July 17, 2013, the Clerk's Office received a notice of resignation from Mr.
Michael Brechan from the Architectural/Engineering Review Board for a term to expire
December 2014. The Assembly accepted, with regret, the resignation of Mr. Brechan from the
Architectural/Engineering Review Board for a seat term to expire December 2014, and directed
the Borough Clerk to advertise the vacancy per Borough Code.
CITIZENS' COMMENTS
None.
Kodiak Island Borough Assembly Minutes
August 1, 2013 Page 1254
•
ASSEMBLY MEMBER COMMENTS
Assembly member Stutes inquired on the contract for maintenance for Kodiak Tsunami Sirens;
spoke to the drive-thru recycling program encouraging the community to participate in the
recycling efforts; commended Assessor Roberts as accommodating and thorough on property
assessments; requested more information from the City of Kodiak on dealing with water run-off
at the landfill composting site; and declared that she would not be running for re-election.
Assembly member Griffin spoke to failed Ordinance No. FY2013-03 Secondhand Smoke
Control Ordinance.
Assembly member Austerman spoke to Resolution No. FY2014-07 and commented on the lack
of School District representation at the meeting.
ANNOUNCEMENTS
The next Assembly work session was scheduled on Thursday, August 8 at 7:30 p.m. in the
Borough Conference Room. The next regular meeting was scheduled on Thursday, August 15
at 7:30 p.m. in the Borough Assembly Chambers.
ADJOURNMENT
KAPLAN moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes,
Austerman, and Griffin.
The meeting was adjourned at 8:50 p.m.
KODIAK ISLAND BOROUGH
ATTEST: Jerome M. Selby, Mayor" -\
nr/Fink-in
Nova M. Javier, MMC, torough Clerk Approved on: September 5, 2013
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