02/06/2014 Regular Meeting C
KODIAK ISLAND BOROUGH
Assembly Regular Meeting
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February 6, 2014
A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, February 6,
2014, 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 Michael Bates of the Salvation Army. Mayor Friend led the
V Pledge of Allegiance.
Present were Mayor Jerrol Friend, Assembly members Tuck Bonney, Aaron Griffin, Dave
Kaplan, Chris Lynch, Frank Peterson, Jr., and Mel Stephens. Staff members present were
Borough Manager Bud Cassidy, Clerk Nova Javier, and Assistant Clerk Angela MacKenzie.
KAPLAN moved to excuse Assembly member Austerman who was 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 January 2 and January 16, 2014, were approved under the consent
agenda.
AWARDS AND PRESENTATIONS
Mayor Friend proclaimed the month of February 2014 as Teen Dating Violence Awareness
Month.
Mayor Friend presented the Student of the Month Award for January 2014 to Mica Linscheid, a
junior at Kodiak High School.
CITIZENS' COMMENTS
Roberta Austrinq, a member of the Senior Citizens of Kodiak Board of Directors, gave an
update on their ongoing programs and spoke in favor of Resolution No. FY2014-28.
Joe Dinnocenzo, a member of the Kodiak Soil and Water Conservation District, spoke to
developing community gardens on lands that may be jointly owned by the Borough and City
located on Larch Street.
COMMITTEE REPORTS
Assembly member Griffin spoke on his attendance to the School Budget Advisory Committee
r meeting and noted fifteen Education Bills were currently in circulation.
BOROUGH MANAGER'S REPORT
Manager Cassidy reported on the following:
Kodiak Island Borough Assembly Minutes
February 7, 2014 Page 1319
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• Announced Bayside Fire Chief Bob Himes, retirement effective December 31, 2014.
• Tsunami Operations Workshop February 11 through February 13, 2014. ,
• Legislature was in session with a focus on constitutional amendments being proposed.
• Commented on the proposed community gardens project being in the City's glide/slope
slide/slope area and they needed to research the regulations and process before the
Borough would move forward.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Friend Reported on the following:
• Mayor's Conference scheduled on Friday, February 7, 2014 in the Borough Conference
room Governor Parnell may be in attendance as well as Senator Stevens and
Representative Austerman by teleconference.
• Providence Chiniak Bay Elder Home Open House is on Saturday, February 8, 2014, 11 a.m.
to 2 p.m.
UNFINISHED BUSINESS •
None.
NEW BUSINESS
Contracts
1. Approval of Change Order No. 6 Amending Contract No. FY2014-13 Architectural and
Engineering Services Term Contract for Design and Construction Administration for the
Chiniak UST Replacement Project.
LYNCH moved to authorize the Manager to execute Change Order No. 6 Amending Contract r,
No. FY2014-13 with Jensen Yorba Lott, Inc. of Juneau, Alaska for Architectural and Engineering
Services Term Contract in an amount not to exceed $53,411.
The Kodiak Island Borough had a term contract with Jensen Yorba Lott, Inc. (JYL) for
architectural and engineering services. The change order would authorize JYL to proceed with
design and construction administration work for the Chiniak UST Replacement project. The
scope of the project was closure-in-place of an existing 10,000 gallon underground fuel tank,
closure and removal of an existing 500 gallon underground fuel tank, and installation of a new
above ground 3,000 gallon fuel tank. The Borough Manager previously authorized a change
order for $5,280 for JYL to start pre-design work on the Chiniak UST project. Pre-design work
included site visits and preparation of materials necessary to obtain Alaska Department of
Environmental Conservation (ADEC) permits, and was completed in December 2013.
The change order would authorize JYL to proceed with design and construction administration
work for the Chiniak UST project, including producing construction documents for bidding
purposes, answering contractor questions during bidding and construction, and providing ADEC
mandated decommissioning plans, soil sampling, and reporting. Approximately 50% of the `..)
change order cost was for the ADEC mandated scope of work. The work would be completed C.
on a time and materials basis and would not exceed $53,411.
The motion to award the contract failed at the January 16, 2014 Assembly meeting. This was
the second time this was being presented for consideration. Per KIBC 2.30.070(0), "The same
motion that receives the same outcome two meetings in a row shall not be revisited for six
months unless the members by a majority vote agree to do so."
1
ROLL CALL VOTE ON MOTION FAILED THREE TO THREE: Bonney, Griffin, and Stephens
(Noes); Kaplan, Lynch, and Peterson (Ayes).
Kodiak Island Borough Assembly Minutes
February 7, 2014 Page 1320
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Clerk's note: The Mayor should have voted in the case of a tie. This motion was placed before
the Assembly for re-visitation on February 20, 2014.
2. Approval of Change Order No. 8 Amending Contract No. FY2014-13 Architectural and
Engineering Services Term Contract for Concept Design for the Womens Bay Emergency
Shelter Project.
KAPLAN moved to authorize the Manager to execute Change Order No. 8 Amending Contract
No. FY2014-13 with Jensen Yorba Lott, Inc. of Juneau, Alaska for Architectural and Engineering
Services Term Contract in an amount not to exceed $49,868.
The Kodiak Island Borough had a term contract with Jensen Yorba Lott, Inc. (JYL) for
architectural and engineering services. The change order would authorize JYL to proceed with
predesign and conceptual design for the Womens Bay Emergency Shelter project. The scope of
the project was construction of a 3,500 square foot building attached to the existing Womens
Bay Fire Hall that would serve as an emergency shelter for Womens Bay residents and visitors.
The Borough had received two grants for the project, an Alaska Designated Legislative Grant
for $1,025,000 and a U.S. Department of Housing and Urban Development (HUD) grant for
$475,000. Additionally, the Womens Bay Fire Department had unreserved fund balance
available to help with project costs if necessary.
The change order would authorize JYL to proceed with predesign and concept design.
Predesign would include a site visit and survey, and concept design would include a completed
environmental assessment, conceptual design with narrative, and statement of probable cost.
The environmental assessment work was a requirement of the HUD grant. JYL would enlist the
services of electrical, mechanical, structural, and civil engineers in completing the concept
design.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Griffin, Kaplan, Lynch, Peterson,
and Bonney (Ayes); Stephens (No).
3. Contract No. FY2014-26 Professional Services Agreement for Fisheries Analyst Consulting
and Related Services.
LYNCH moved to authorize the Manager to execute Contract No. FY2014-26, a joint contract
with the City of Kodiak, with Heather McCarty of McCarty and Associates of Juneau, Alaska for
fisheries analyst consultant services in an amount not to exceed $60,000.
The Joint Fisheries Work Group met on Monday, January 27, 2014 and discussed the Request
for Proposals (RFP). After review, they wished to make a recommendation for the Assembly
and City Council to offer the contract to Ms. Heather McCarty of McCarty and Associates of
Juneau, Alaska. The Assembly and City Council were scheduled to meet during a joint work
session on Thursday, January 30, 2014 to discuss further. Both governing bodies would have to
approve the contract separately. At the time the Assembly packet was being put together, the
Borough Manager was negotiating the contract with Ms. McCarty. Provided as backup were the
RFP and the previous Fisheries Analyst's contract. The proposed contract would be made
available to the Assembly before its regular meeting February 6, 2014.
Kodiak Island Borough Assembly Minutes
February 7, 2014 Page 1321
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Since it was a joint contract, expenses were split 50/50 with the City of Kodiak. The term of the
contract was two years with two one-year options to extend.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Kaplan, Lynch, Peterson, Bonney, l J
and Griffin (Ayes); Stephens (No).
Resolutions
1. Resolution No. FY2014-26 Adopting a Federal Capital Improvement Program and
Identifying Federal Program Priorities for Federal Fiscal Year 2015.
BONNEY moved to adopt Resolution No. FY2014-26. 0
The resolution designated the Borough's federal legislative funding priorities for federal fiscal
year 2015. The Borough forwards the list to the congressional delegation in hopes of having the
federal government provide part or all of the funding needed to complete the projects and
support the programs that were identified as being priorities in the community.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Stephens,
Bonney, Griffin, and Kaplan.
2. Resolution No. FY2014-27 Certifying the FY2014 Shared Fisheries Business Tax Program
Application To Be True and Correct.
LYNCH moved to adopt Resolution No. FY2014-27.
The resolution would allow the Kodiak Island Borough to submit its application for the FY14
Shared Fisheries Business Tax Program. The resolution indicating approval of the application
was a required portion of the application.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Stephens, Bonney,
Griffin, Kaplan, and Lynch.
3. Resolution No. FY2014-28 Adopting the Priorities of the Kodiak Area Coordinated
Transportation Plan
BONNEY moved to adopt Resolution No. FY2014-28.
The resolution was requested by City Mayor Pat Branson and was sponsored by Assembly
member Tuck Bonney to express continued support to Kodiak Area Transit System in its goal to
provide safe and reliable transportation to those residents who need it most so they might
remain living independently for as long as possible.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Bonney, Griffin, Kaplan, Lynch, and (^'i
Peterson (Ayes); Stephens (No). ``�'
Ordinances for Introduction
1. Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive Plan Future Land Use
Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of Lot
1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential )
(P&Z Case No. 14-012).
Kodiak Island Borough Assembly Minutes 0
February 7, 2014 Page 1322
GRIFFIN moved to adopt Ordinance No. FY2014-11 in first reading to advance to public hearing
at the next regular meeting of the Assembly.
The Comprehensive Plan amendment was initiated by the Kodiak Island Borough, following
recent Borough Assembly action on a and disposal (P&Z Case No. 13-014). The parcel subject
to the amendment was approved for disposal by KIB Resolution No. FY2013-20, which stated
that the portion of land shall be replatted to become part of new Lot 2B (now Lot 2B-1), Block 9,
Miller Point Subdivision (P&Z Case No. S13-024). The amendment would facilitate a
Comprehensive Plan supported rezone from PL-Public Use Lands to RR1-Rural Residential
0 One. The rezone would ensure consistent zoning of new Lot 2B-1 and would allow the land to
J be utilized for its intended disposal purpose.
The Planning and Zoning Commission held a public hearing on January 15, 2014 on the request
and found the request was consistent with the goals and objectives of the 2008 Kodiak Island
Borough Comprehensive Plan. The Commission voted unanimously to recommend the
Assembly approve the Comprehensive Plan amendment request.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch,
Peterson, and Stephens.
2. Ordinance No. FY2014-12 Amending the KB 2008 Comprehensive Plan Future Land Use
Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of Lot 1 and a
Portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to
Public Facilities/Ownership (P&Z Case No. 14-012).
I 1 LYNCH moved to adopt Ordinance No. FY2014-12 in first reading to advance to public hearing
at the next regular meeting of the Assembly.
The Comprehensive Plan amendment was initiated by the Kodiak Island Borough. The parcels
subject to the amendment were purchased by the Borough in 2001 with the intent of
incorporating them in to the North Star School Tract (P&Z Case No. S13-024). The amendment
would facilitate a Comprehensive Plan supported rezone from RR1-Rural Residential One to
PL-Public Use Lands. The rezone would ensure consistent zoning of the North Star School
Tract and would allow the land to be utilized for its intended acquisition purpose.
The Planning and Zoning Commission held a public hearing on January 15, 2014 on the request
and found the request was consistent with the goals and objectives of the 2008 Kodiak Island
Borough Comprehensive Plan. The Commission voted unanimously to recommend the
Assembly approve the Comprehensive Plan amendment request.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Peterson,
Stephens, and Bonney.
3. Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive Plan Future Land Use
Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of
Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential
(P&Z Case No. 14-012).
BONNEY moved to adopt Ordinance No. FY2014-13 in first reading to advance to public
hearing at the next regular meeting of the Assembly.
Kodiak Island Borough Assembly Minutes
February 7, 2014 Page 1323
The Comprehensive Plan amendment was initiated by the Kodiak Island Borough, following
recent Borough Assembly action on a land disposal (P&Z Case No. 13-031). The parcel subject
to the amendment was approved for disposal by KIB Resolution No. FY2014-14 and was
intended to be re-platted to become part of new Lot 2-B, Block 2, Miller Point Subdivision (P&Z
Case No. S14-004). The amendment would facilitate a Comprehensive Plan supported rezone
from PL-Public Use Lands to RR1-Rural Residential One. The rezone would ensure consistent
zoning of new Lot 2-B and would allow the land to be utilized for its intended disposal purpose.
The Planning and Zoning Commission held a public hearing on January 15, 2014 on the request
and found the request was consistent with the goals and objectives of the 2008 Kodiak Island
Borough Comprehensive Plan. The Commission voted unanimously to recommend the
Assembly approve this Comprehensive Plan amendment request.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Peterson,
Stephens, Bonney, and Griffin.
4. Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Portion of Lot 1A, Block 6, Miller
Point Subdivision from PL-Public Use Lands to RR1-Rural Residential One (P&Z Case No.
14-010).
LYNCH moved to adopt Ordinance No. FY2014-14 in first reading to advance to public hearing
at the next regular meeting of the Assembly.
The rezone was initiated by the Kodiak Island Borough, following recent Borough Assembly
action on a land disposal (P&Z Case No. 13-014). The parcel subject to the rezone was
approved for disposal by KIB Resolution No. FY2013-20, which stated that the portion of land
shall be replatted to become part of new Lot 2B (now Lot 2B-1), Block 9, Miller Point Subdivision
(P&Z Case No. S13-024). The rezone would ensure consistent zoning of new Lot 2B-1 and
would allow the land to be utilized for its intended disposal purpose.
The Planning and Zoning Commission held a public hearing on January 15, 2014 on the request
and found the request was consistent with the goals and objectives of the 2008 Kodiak Island
Borough Comprehensive Plan. The Commission voted unanimously to recommend the
Assembly approve the rezone request, with the addition of Finding of Fact No. 8, which stated
that the effective date would be simultaneous with the recording of the final plat.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Stephens,
Bonney, Griffin, and Kaplan.
Other Items
1. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License
Application for Noodles Restaurant. Licensee/Applicant: Crystal, Inc. This item was
approved under the consent agenda.
The Clerk's office followed the procedure in KIBC 5.01.02 License renewal procedure. After the
Clerk's office routine investigation, it was determined that the Borough had no interest in
protesting the renewal. The Assembly voiced non-protest to the State of Alaska Alcoholic
Beverage Control Board for the liquor license renewal application to Noodles Restaurant.
Licensee/Applicant: Crystal, Inc.
2. Solid Waste Advisory Appointment of Mr. Lenny Roberson — Amending a Motion Previously
Adopted. This item was approved under the consent agenda.
Kodiak Island Borough Assembly Minutes
February 7, 2014 Page 1324
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On February 2, 2014, Mr. Roberson was appointed to a regular seat for a term to expire 2016
on the Solid Waste Advisory Board. Mr. Roberson expressed that he would like to be appointed
to the Retail Business Representative seat to expire 2015. This amendment would correct the
J appointment and the term of appointment.
The Assembly amended the motion made at the February 2, 2014 meeting to reflect that Mr.
Lenny Roberson was appointed to the Retail Business Representative Seat on the Solid Waste
Advisory Board for a two-year term to expire December 2015.
3. Confirmation of the Assembly Appointment to the Board of Equalization (Carrie Morton).
This item was approved under the consent agenda.
On January 9, 2014, Ms. Carrie Morton submitted an application to the vacant seat on the
Board of Equalization to expire December 2016.
The Assembly confirmed the appointment of Ms. Carrie Morton to the Board of Equalization for
a Term to Expire December 2016.
4. Confirmation of the Mayoral Appointment to the Cook Inlet Regional Citizens Advisory
Council (Scott Smiley). This item was approved under the consent agenda.
The Cook Inlet Regional Citizens Advisory Council (RCAC) was a council formed in late 1990 as
a non-profit corporation. Its mission was to represent the citizens of Cook Inlet in promoting
environmentally safe marine transportation and oil facility operations in Cook Inlet. It consisted
of special interest groups and municipality seats which included the Kodiak Island Borough.
Mr. Scott Smiley was appointed to fill an unexpired term on the Cook Inlet RCAC. The Clerk's
�✓ Office contacted Mr. Smiley who indicated his interest to continue serving on the council. This
was for a three year term to expire in March 2017. Mayor Friend requested the confirmation of
his appointment of Mr. Scott Smiley.
The Assembly confirmed the Mayoral appointment of Mr. Scott Smiley to the Cook Inlet
Regional Citizens Advisory Council for a three-year term to expire March 2017.
5. Assembly Direction to the Treasurer/Finance Director to Prepare the 2013 Roll of Real
Properties Subject to Foreclosure. This item was approved under the consent agenda.
Per KIBC 3.35.160 Preparation of the foreclosure list. When the assembly elects to proceed
under the Alaska Statutes to enforce the lien of taxes against real property, the treasurer shall,
within such time as the assembly directs, make up a roll in duplicate of all real property subject
to foreclosure. The rolls shall show the name of each person appearing on the latest tax roll as
the owner of tax-delinquent property, a description of each property as it appears on the latest
tax roll, the year or years for which the taxes were delinquent, the amount of delinquent taxes
for each year and penalty and interest thereon accruing the day six months after the day of
delinquency of taxes of the latest year. The treasurer shall endorse on the roll a certificate under
his hand and the corporate seal that it is a true and correct roll of the delinquent taxes of the
borough for the years shown. The roll shall be known as the foreclosure list of the borough for
the year in which it was made up, and the original of it shall be filed with the clerk and remain
open to inspection by the public.
The Assembly directed the Finance Director to prepare a roll of real property subject to
foreclosure and make said roll available for public inspection.
I Kodiak Island Borough Assembly Minutes
February 7, 2014 Page 1325
CITIZENS' COMMENTS
None.
ASSEMBLY MEMBERS' COMMENTS
Assembly member Stephens commended Finance Director Short for his preparation of the
Short Report, spoke to the community gardens project, commented on the timeliness of the
completion of the Long Term Care Center, and congratulated the student of the month.
Assembly member Kaplan announced he would be attending the Alaska Municipal League
Conference (AML) in Juneau February 17 through 19, 2014. / ,
Assembly member Lynch encouraged the community to attend the ribbon cutting and tour of the �J
Providence Chiniak Bay Elder House.
Announcements — Mayor Friend
Mayor Friend announced that the Borough offices would be closed on Monday, February 17 in
observance of Presidents Day.
The next Assembly work session was scheduled on Thursday, February 13 at 7:30 p.m. in the
Borough Conference Room. The next regular meeting was scheduled on Thursday, February 20
at 7:30 p.m. in the Borough Assembly Chambers.
ADJOURNMENT
KAPLAN moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Stephens, Bonney,
Griffin, Kaplan, and Lynch. ( 1
The meeting was adjourned at 8:40 p.m. L_
KODIA ISLAND air UG
rJiiI X
ATTEST: -rrol orough Mayor
Nova M. Javier, MMC, oorough Clerk Approved on: March 20, 2014
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Kodiak Island Borough Assembly Minutes
February 7, 2014 Page 1326