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2013-12-19 Regular Meeting Kodiak Island Borough ^ r eoey g U\- , J Assembly Regular Meeting Agenda Thursday, December 19, 2013, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES - None. 6. AWARDS AND PRESENTATIONS — None. 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2014-10 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 3.40 Personal Property Tax. B. Ordinance No. FY2014-01 B Amending Ordinance No. FY2014-01 by Amending Budgets to Account for Various Revenues that Are Over Budget, Provide for Additional Expenditures, and Move Funds Between Projects. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 1. Contract No. 1997-13A Kodiak Fisheries Research Center (KFRC) Supplemental Lease Agreement No. 5 with GSA. 2. Contract No. FY2014-21 Construction Administration Services for Kodiak Fisheries Research Center Ventilation Modifications Project. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Page 1 of 2 3. Contract No. FY2014-22 Kodiak Fisheries Research Center Ventilation Modifications Project. 4. Contract No. FY2009-11C Collective Bargaining Agreement with the International Brotherhood of Electrical Workers Local 1547. 5. Amendment No. 1 to Contract No. FY2014-02 Between the Kodiak Island Borough and the Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services for FY2014. B. Resolutions 1. Resolution No. FY2014-21 Accepting the Recommendation of the Planning and Zoning Commission by Approving the Disposal of a Portion of Block 16, Port Lions Subdivision First Addition, Comprising Approximately 1.51 Acres of Borough Land, for Less Than Fair Market Value (P&Z Case 14-009, Native Village of Port Lions). C. Ordinances for Introduction 1. Ordinance No. FY2014-01C Amending Ordinance No. FY2014-01 by Amending the Budgets for the Landfill Lateral Expansion Project Phase III Due To Increased Project Cost Estimates. D. Other Items 1. Confirmation of the Assembly Appointments to the Citizens Board of Equalization, Mission Lake `Tidegate" Service Area Board, and Personnel Advisory Board. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings — None. B. Reports 1. October 2013 Change Order Report 2. October 2013 Projects Status Report 3. November 2013 Wilson Engineering Monthly Progress Report 4. KIBSD Board of Education Special Meeting Summary of December 2, 2013. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Page 2 of 2 I q( aD�3 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET 2 4, Regular V .Special Date: API II Convened: ' I . 3o 12MI. Recessed: Reconvened: Adjourned: i• t33 19.141 r BY: BY: BY: BY: BY: SECOND: SECOND: SECOND: SECOND: SECOND: ", ,, _`,;YES .No u : YES:, NO ^_s< YES :'NO .1 ` YES, NO YES NO,. Ms. Austerman ✓ Ms. Austerman Ms. Austerman Ms. Austerman Ms. Austerman Mr. Bonney V Mr. Bonney Mr. Bonney Mr. Bonney Mr. Bonney Mr. Griffin ✓ Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Kaplan / Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan Ms. Lynch ✓ / Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Mr. Peterson V Mr. Peterson Mr. Peterson Mr. Peterson Mr. Peterson Mr. Stephens ✓ Mr. Stephens Mr. Stephens Mr. Stephens Mr. Stephens [CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?)';--: TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vo except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Friend Mayor Friend Mayor Friend Mayor Friend Mayor Friend • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority votes is majority of the membership (quorum). Point of Order and Recess. Kodiak Island Borough Assembly Regular Meeting Guidelines December 19, 2013, 7:30 p.m., Borough Assembly Chambers PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. We apologize in advance for any sound system issues we may experience during the meeting. Please be assured that staff is continuing to monitor and work towards a resolution to the issue. 1. INVOCATION Sergeant Major Dave Blacketer of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070..., the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Mayor Friend and Assembly members Bonney, Griffin, and Peterson who are absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES - None 6. AWARDS AND PRESENTATIONS - None 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 8. COMMITTEE REPORTS Kodiak Island Borough Assembly Guidelines December 19, 2013 Page 1 9. PUBLIC HEARING A. Ordinance No. FY2014-10 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 3.40 Personal Property Tax. Recommended motion: Move to adopt Ordinance No. FY2014-10. Staff Report — Manager Cassidy Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. Ordinance No. FY2014-01 B Amending Ordinance No. FY2014-01 by Amending Budgets to Account for Various Revenues that Are Over Budget, Provide for Additional Expenditures, and Move Funds Between Projects. Recommended motion: Move to adopt Ordinance No. FY2014-01 B. Staff Report — Manager Cassidy Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR (Assembly member Lynch) 12. UNFINISHED BUSINESS — None. Continued on next page... Kodiak Island Borough Assembly Guidelines December 19, 2013 Page 2 13. NEW BUSINESS A. Contracts 1. Contract No. 1997-13A Kodiak Fisheries Research Center (KFRC) Supplemental Lease Agreement No. 5 with GSA. Recommended motion: Move to authorize the Manager to execute Contract No. 1997-13(A) with GSA for the Kodiak Fisheries Research Center Supplemental Lease Agreement No. 5 in the amount not to exceed $525,111. Staff Report — Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Contract No. FY2014-21 Construction Administration Services for Kodiak Fisheries Research Center Ventilation Modifications Project. Recommended motion: Move to authorize the manager to execute Contract No. FY2014-21 with PDC, Inc., a Professional Services Agreement for Construction Administration Services for the KFRC Ventilation Modification Project in an amount not to exceed $39,928. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Contract No. FY2014-22 Kodiak Fisheries Research Center Ventilation Modifications Project. Recommended motion: Move to authorize the manager to execute Contract No. FY2014-22 with Wolverine Supply, Inc. of Wasilla, Alaska for the KFRC Ventilation Modifications Project in an amount not to exceed $974,000. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. Continued on the next page... Kodiak Island Borough Assembly Guidelines December 19, 2013 Page 3 4. Contract No. FY2009-11C Collective Bargaining Agreement with the International Brotherhood of Electrical Workers Local 1547. Recommended motion: Move to authorize the manager to execute Contract No. FY2009-11C with the International Brotherhood of Electrical Workers, Local Union 1547 and to adjust the Borough Salary Schedule to reflect the COLA for all Borough employees (union and non-union) effective January 1, 2014 and for subsequent years as agreed upon in the contract. Staff Report — Manager Cassidy Recommended motion: Move to postpone Contract No. FY2009-11C until further negotiations with IBEW have been completed. Assembly discussion. ROLL CALL VOTE ON MOTION. 5. Amendment No. 1 to Contract No. FY2014-02 Between the Kodiak Island Borough and the Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services for FY2014. Recommended motion: Move to authorize the manager to execute Amendment No. 1 to Contract No. FY2014-02 with the Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services on an international level for an additional amount not to exceed $18,000. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. Continued on next page... Kodiak Island Borough Assembly Guidelines December 19, 2013 Page 4 B. Resolutions 1. Resolution No. FY2014-21 Accepting the Recommendation of the Planning and Zoning Commission by Approving the Disposal of a Portion of Block 16, Port Lions Subdivision First Addition, Comprising Approximately 1.51 Acres of Borough Land, for Less Than Fair Market Value (P&Z Case 14-009, Native Village of Port Lions). Recommended motion: Move to adopt Resolution No. FY2014-21. Clerk's note: Attached on blue 'ate is the substituted version of Resolution No. FY2014-21. Staff Report— Manager Cassidy Recommended motion: Move to adopt Resolution No. FY2014-21 by substitution. Assembly discussion. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. C. Ordinances for Introduction 1. Ordinance No. FY2014-01 C Amending Ordinance No. FY2014-01 by Amending the Budgets for the Landfill Lateral Expansion Project Phase III Due To Increased Project Cost Estimates. Recommended motion: Move to adopt Ordinance No. FY2014-01C in first reading to advance to public hearing at the next regular meeting of the Assembly. Clerk's note: Attached on yellow paper is the corrected copy of Ordinance No. FY2014-01C. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. Continued on next page... Kodiak Island Borough Assembly Guidelines December 19, 2013 Page 5 D. Other Items 1. Confirmation of the Assembly Appointments to the Citizens Board of Equalization, Mission Lake "Tidegate" Service Area Board, and Personnel Advisory Board. Recommended Motion: Move to confirm the Assembly appointments to the Citizens Board of Equalization, Mission Lake "Tidegate" Service Area Board, and Personnel Advisory Board for three year terms expiring December 2016 as follows: Citizens Board of Equalization Cheryl McNeil (alternate seat) Mission Lake "Tidegate" Marian Johnson Service Area Board Personnel Advisory Board Lynn Bash and Tom Lacey Clerk's note: Attached on . . - .. .-� are employee comments regarding Personal Advisory Board applicants. Staff Report — Deputy Clerk Kilborn Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 15. ASSEMBLY MEMBERS' COMMENTS Announcements — Assembly member Lynch The Assembly work session scheduled on December 26 is canceled. The next regular meeting is scheduled on Thursday, January 2 at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines December 19, 2013 Page 6 1 Introduced by: Borough Manager 2 SUBSTITUTED COPY Requested by: Planning and Zoning Commission 3 Drafted by: Community Development Staff Introduced on: 12/19/2013 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2014-21 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 ACCEPTING THE RECOMMENDATION OF THE PLANNING AND 11 ZONING COMMISSION BY APPROVING THE DISPOSAL OF A 12 PORTION OF BLOCK 16, PORT LIONS SUBDIVISION FIRST 13 ADDITION, COMPRISING APPROXIMATELY 1.51 ACRES OF 14 BOROUGH LAND, FOR LESS THAN FAIR MARKET VALUE (P&Z 15 CASE 14-009, NATIVE VILLAGE OF PORT LIONS) 16 17 WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed 18 disposal of Borough land to be reviewed by the Planning and Zoning Commission before 19 submission to the Assembly; and 20 21 WHEREAS, the Planning and Zoning Commission is required under KIBC 18.20.030 to 22 make a recommendation on the disposal(s) by resolution before it is forwarded to the 23 Borough Assembly; and 24 25 WHEREAS, the principal purpose of the Commission review is to determine if the land 26 identified for disposal is surplus to the Borough's need; and 27 28 WHEREAS, the Planning and Zoning Commission has found that the parcel identified 29 below for disposal is surplus to the public's need based on its review; and 30 31 WHEREAS, the Planning and Zoning Commission held a public hearing on November 32 20 2013 and is recommending the disposal of the parcel listed below; 33 34 NOW, THEREFORE BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND 35 BOROUGH THAT: 36 37 Section 1: The Kodiak Island Borough Planning and Zoning Commission, in 38 accordance with Title 18 of the Kodiak Island Borough Code, recommends 39 disposal of the borough's interest in the parcel of land described as: 40 41 A 1.51 acre, more or less, portion of Block 16 Port Lions Subdivision 1s' 42 Addition, the general boundaries of which are described in the attached plat 43 labeled "Proposed Subdivision of School Reserve". 44 45 Section 2: In accordance with Title 18 of the Kodiak Island Borough Code, The Kodiak 46 Island Borough Planning and Zoning Commission has determined that the Kodiak Island Borough, Alaska Resolution No. FY2014-21 Page 1 of 2 47 aforementioned property is surplus to the public's need after a public 48 hearing on November 20, 2013. 49 50 Section 3: The aforementioned parcel should be offered for less than fair market value 51 to the applicant in Planning and Zoning Commission Case No. 14-009, 52 Native Village of Port Lions. 53 54 Section 4: This action is conditional upon the completion, approval, and 55 recordation of a plat that separately describes the parcel of interst 56 from the remainder of the Port Lions School Reserve. 57 58 Section 5: The deed shall contain a reversionary clause stating: "Should the 59 property cease to be used tor the prupose of providing services to the 60 public by the Native Village of Port Lions the property will revert back 61 to the Kodiak Island Borough." 62 63 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 64 THIS DAY OF 2013 65 66 KODIAK ISLAND BOROUGH 67 68 69 70 ATTEST: Jerrol Friend, Borough Mayor 71 72 73 74 Nova M. Javier, MMC, Borough Clerk 75 Kodiak Island Borough, Alaska Resolution No. FY2014-21 Page 2 of 2 Introduced by: Borough Manager CORRECTED COPY Requested by: Borough Manager Drafted by: Finance Director 2 Introduced: 12/19/2013 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2014-01C 7 8 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 9 AMENDING ORDINANCE NO. FY2014-01 BY AMENDING THE 10 BUDGET FOR THE LANDFILL LATERAL EXPANSION PROJECT 11 DUE TO INCREASED PROJECT COST ESTIMATES 12 13 WHEREAS, the Landfill Lateral Expansion Project is estimated to cost an additional 14 $3,357,452; and 15 16 WHEREAS, this ordinance will increase the Landfill Lateral Expansion Project budget to 17 a total cost of $32,000,000; and 18 19 WHEREAS, these increased costs will be funded with an amendment to the existing 20 Alaska Clean Water Fund loan program per Resolution No. FY2014-20, adopted by the 21 Assembly on November 7, 2013. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 24 BOROUGH THAT: 25 26 Section 1: This ordinance is not of a general and permanent nature and shall not 27 become a part of the Kodiak Island Borough Code of Ordinances. 28 29 Section 2: Project 07013, Landfill Lateral Expansion, will be increased by $3,357,452. 30 Total project cost will increase to $32,000,000. 31 32 ADOPTED BY THE ASSEMBLY OF THE KODIAK'ISLAND BOROUGH 33 THIS DAY OF 2013 34 35 36 KODIAK ISLAND BOROUGH 37 38 39 40 Jerrol Friend, Borough Mayor 41 42 ATTEST: 43 44 45 46 Nova M. Javier, MMC, Borough Clerk 47 Kodiak Island Borough, Alaska Ordinance No. FY2014-01C Page 1 of 1 Jessica Kilborn From: Bill Roberts Sent: Wednesday, December 18, 2013 3:57 PM To: Jessica Kilborn • Subject: RE: PLEASE READ ASAP: Personnel Advisory Board applicants - Lynn Bash and Thomas Lacey No objections to either appointee and no further recommendations From: Jessica Kilborn Sent: Wednesday, December 18, 2013 3:16 PM To: All Subject: PLEASE READ ASAP: Personnel Advisory Board applicants - Lynn Bash and Thomas Lacey Hello everyone, It was brought to my attention that a step in the PAB appointment process has been overlooked. Attached are applications for Lynn Bash (renewal appt.) and Thomas Lacey (new appt.) for the Personnel Advisory Board. Section 203 of the Personnel Manual states: In appointing members to the personnel board, the Borough assembly will take into consideration the recommendations made by Borough employees, the Borough manager, any resident of the borough and their recommendations. If you could please have any comments to me by noon tomorrow, it would be greatly appreciated as we will have to provide those comments to the Assembly. The Assembly is prepared to make the annual appointments to the Board at its regular meeting tomorrow night, in order for PAB to hold meetings (with a full board) in early January. I apologize for the necessity of expediting this step in the process. Thank you, Jessica Jessica Kithorn, C!'iC Deputy Clerk Office of the Borough Clerk Kodiak Island Borough 710 Mill Bay Road,Room 102 Kodiak,AK 99615 F: 907.486.9310 F: 907.486.9391 jkilborn cckodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. 1 • Jessica Kilborn From: Bob Pederson Sent: Wednesday, December 18, 2013 4:24 PM To: Jessica Kilborn Subject: RE: PLEASE READ ASAP: Personnel Advisory Board applicants - Lynn Bash and Thomas Lacey Jessica: I agree with the appointments to the PAB Thank you, Robert H. Pederson AICP Director, Community Development Department (907)486-9363 bpederson @kodiakak.us From: Jessica Kilborn Sent: Wednesday, December 18, 2013 3:16 PM To: All Subject: PLEASE READ ASAP: Personnel Advisory Board applicants - Lynn Bash and Thomas Lacey Hello everyone, It was brought to my attention that a step in the PAB appointment process has been overlooked. Attached are applications for Lynn Bash (renewal appt.) and Thomas Lacey (new appt.) for the Personnel Advisory Board. Section 203 of the Personnel Manual states: In appointing members to the personnel board, the Borough assembly will take into consideration the recommendations made by Borough employees, the Borough manager, any resident of the borough and their recommendations. If you could please have any comments to me by noon tomorrow, it would be greatly appreciated as we will have to provide those comments to the Assembly. The Assembly is prepared to make the annual appointments to the Board at its regular meeting tomorrow night, in order for PAB to hold meetings (with a full board) in early January. I apologize for the necessity of expediting this step in the process. Thank you, Jessica Jessica xifborn, Cf[C Deputy Clerk Office of the Borough Clerk Kodiak Island Borough 710 Mill Bay Road, Room 102 1 Jessica Kilborn From: Karl Short Sent: Wednesday, December 18, 2013 4:32 PM To: Jessica Kilborn Subject: RE: PLEASE READ ASAP: Personnel Advisory Board applicants - Lynn Bash and Thomas Lacey I think that they are both good candidates. From: Jessica Kilborn Sent: Wednesday, December 18, 2013 3:16 PM To: All Subject: PLEASE READ ASAP: Personnel Advisory Board applicants - Lynn Bash and Thomas Lacey Hello everyone, It was brought to my attention that a step in the PAB appointment process has been overlooked. Attached are applications for Lynn Bash (renewal appt.) and Thomas Lacey (new appt.) for the Personnel Advisory Board. Section 203 of the Personnel Manual states: In appointing members to the personnel board, the Borough assembly will take into consideration the recommendations made by Borough employees, the Borough manager, any resident of the borough and their recommendations. If you could please have any comments to me by noon tomorrow, it would be greatly appreciated as we will have to provide those comments to the Assembly. The Assembly is prepared to make the annual appointments to the Board at its regular meeting tomorrow night, in order for PAB to hold meetings (with a full board) in early January. I apologize for the necessity of expediting this step in the process. Thank you, Jessica Jessica Kithorn, CMIC Deputy Clerk a41a Office of the Borough Clerk Kodiak Island Borough 710 Mill Bay Road, Room 102 Kodiak,AK 99615 F: 907.486.9310 F: 907.486.9391 jkilborn(cilkodiaiak.us PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: 70( o„1 for- 11, Zc) 13 Please PRINT your name Please PRINT you name tc"--- \) \< \\tea \`\v