04/03/2014 Regular Meeting KODIAK ISLAND BOROUGH
Assembly Regular Meeting
April 3, 2014
A regular meeting of the Kodiak Island Borough Assembly was held on April 3, 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
Pledge of Allegiance.
Present were Mayor Jerrol Friend, Assembly members Carol Austerman, Tuck Bonney, Dave
Kaplan, Chris Lynch, and Mel Stephens. Also present were Borough Manager Bud Cassidy,
Clerk Nova Javier, and Assistant Clerk Angela MacKenzie.
KAPLAN moved to excuse Assembly members Griffin and Peterson 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 February 20, 2014, were approved under the consent agenda.
AWARDS AND PRESENTATIONS
Mayor Friend presented the Student of the Month Awards for March 2014 to Doreen Eluska, a
senior at Ahkiok School and Brandy Boskofsky and Trisha Gephardt, seniors at Larsen Bay
School.
Mayor Friend proclaimed the commemoration of March 27, 2014 as the 50th Anniversary of the
Great Alaskan Earthquake.
Mayor Friend proclaimed the month of April 2014 as "Child Abuse Prevention Month" and called
upon all citizens to increase their participation in efforts to prevent child abuse, strengthening all
communities in which we live.
Mayor Friend proclaimed the month of April 2014 as "Sexual Assault Awareness Month" and
encouraged all residents to support local activities and programs, which assist victims, and to
learn more about the pervasiveness of sexual assault in Alaska so we may eliminate this
heinous crime.
Kodiak Island Borough Assembly Regular Meeting Minutes
April 3, 2014 Page 1339
CITIZENS' COMMENTS
Dennis Summons, Lorna Arndt, and Scott Arndt spoke in opposition of Ordinance No. FY2014-
16.
Paul VanDyke spoke in favor or Ordinance No. FY2014-16.
Lorna Arndt spoke on the lack of televised broadcasting of the Assembly meetings.
Charlie Powers, Mike Marion, Amy Wagner, and Scott Arndt commented on Resolution No.
FY2014-30.
COMMITTEE REPORTS
Robert Rang, Administrator of the Providence Chiniak Bay Eider House provided an update on
the current capacity of the new facility and thanked the Assembly and Project's Office Staff for
their work and support on the project.
PUBLIC HEARING
1. Ordinance No. FY2014-15 Altering the Boundary of Womens Bay Service Area By
Annexation of the Area Comprising Proposed Lots 1 and 2 of Kashevarof Heights
Subdivision, a Portion of Lot 1, U.S. Survey 2539, as well as the Proposed Panamaroff
Creek Drive Right of Way Extension and Service Road as Illustrated in Exhibit A.
LYNCH moved to adopt Ordinance No. FY2014-15.
In preparation for a Borough land sale, the subdivision of a larger Borough tract creating two
rural residential properties in Womens Bay were granted preliminary plat approval (Case S13-
023). Road improvements required as a condition of plat approval were substantially completed.
Since the 3.7 acres comprising these two lots, as well as the right-of-way extension and access
road servicing them, were not included within the boundaries of the service area originally
established by Ordinance No. 75-26-0 and amended by Ordinance No. 85-23-0, alteration of
the road and fire service areas by annexation was necessary.
KIBC 4.05.020 Initiation of action directs the altering of a service area shall be initiated either by
petition or by the Assembly. Since no voters to initiate a petition reside within the annexation
area affected by the proposed alteration; it remained for the Assembly to alter the service area
by introduction of an ordinance as directed by KIBC 4.05.040 Initiation by Assembly.
KIBC 4.05.060 Election required applied only if the Assembly found the entire existing service
area was affected by the proposed alteration, taking into consideration the effect on the level of
service and cost of service throughout the existing service area. The letter of support from the
Womens Bay Service Area Board dated February 14, 2014 (Exhibit B) demonstrated the
inclusion of the 3.7 acres into the service area would benefit the existing service area.
State Statute AS 29.35.450.c requiring an election did not apply under subsection c.3 since the
only access to Kasheverof Heights Subdivision, the area to be annexed into the existing service
area, was by roads already maintained by the Service Area. Considerable road improvements
were recently made to the right-of-way extension of Panamaroff Creek Drive that were required
Kodiak Island Borough Assembly Regular Meeting Minutes
April 3, 2014 Page 1340
as a condition of preliminary plat approval. Overall, the alteration of the Service Area by
annexation would not affect the level of service and cost of service throughout the existing
service area.
Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend 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:
• Update on Robert Deal, USDA Forest Service was scheduled to come to Kodiak
sometime in May and the Borough would pay for airfare and lodging.
• Spoke on the 501h anniversary of the 1964 earthquake and Alaska Shield, a state-wide
training event on March 28, 2014; 13 Borough employees participated in the event.
• Legislature was in session through April 21.
+ Borough staff was working on the budget.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Friend congratulated Sue Jeffrey for being appointed to the Board of Fish. He spoke on
the Lobbying trip to Washington D.0 to meet with Senators Murkowski and Begich. He
expressed his condolences to the family of Mr. Robert Hatcher.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
1. Approval of Change Order No. 11 Amending Contract FY2014-13 Architectural and
Engineering Services Term Contract for Design and Construction Administration for the
Womens Bay Emergency Shelter Project.
LYNCH moved to authorize the Manager to execute Change Order No. 11 amending Contract
No. FY2014-13 with Jensen Yorba Lott, Inc. of Juneau, Alaska for the Architectural and
Engineering Services Term Contract in an amount not to exceed $138,134.
The 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 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 Assembly previously authorized a change order for JYL to complete predesign and
conceptual design for the project. The work had been completed and JYL presented the
conceptual design to the Womens Bay Service Area Board on March 4, 2014.
Kodiak Island Borough Assembly Regular Meeting Minutes
April 3, 2014 Page 1341
Based on comments from the service area board, as well as discussions with local building
officials and the Alaska Department of Environmental Conservation, JYL was ready to proceed
with full design. The scope of the change order would be completion of design documents,
presentation of design documents to the Architectural/Engineering Review Board, compilation of
a bid package, answering contractor questions and updating documents as necessary during
bidding and construction, review of contractor submittals during construction, and providing final
inspections to ensure the work complies with design documents.
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 assist with project costs as necessary.
ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Bonney, Kaplan, Lynch,
Austerman (Ayes); Stephens (No).
2. Approval of Change Order No. 12 Amending Contract No. FY2014-13 Architectural and
Engineering Services Term Contract for Design and Construction Administration for the
School Emergency Generators Project.
LYNCH moved to authorize the Manager to execute Change Order No. 12 amending Contract
No. FY2014-13 with Jensen Yorba Lott Inc. of Juneau, Alaska for the Architectural and
Engineering Services Term Contract in an amount not to exceed $42,555.
The 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 for the School Emergency Generators project. The scope of the
project included providing and installing emergency generators at Karluk, Old Harbor, Port
Lions, and North Star Elementary schools. The work was part of a preparedness effort to ensure
schools that act as community shelters would continue to have power in case of an emergency.
The Assembly previously authorized a change order for JYL to complete predesign work for the
project, and the Borough Manager authorized a change order for JYL to proceed up to 65%
design. The predesign and 65% design work had been completed, and JYL presented the 65%
design to the Architectural/Engineering Review Board (ARB) on February 25, 2014. The ARB
approved the 65% design, and would review the final design documents before they go out to
bid.
The full scope of the change order would be completion of design documents, presentation of
design documents to the ARB, compilation of a bid package, answering contractor questions
and updating documents as necessary during bidding and construction, review of contractor
submittals during construction, and providing final inspections to ensure the work complied with
design documents.
Kodiak Island Borough Assembly Regular Meeting Minutes
April 3, 2014 Page 1342
The Borough received a state grant in FY2012 for installation of generators at several schools,
including the four listed above. The funds from the grant would be used for the design and
construction administration work.
ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Kaplan, Lynch, Austerman,
Bonney (Ayes); Stephens (No).
Resolutions
1. Resolution No, FY2014-30 Authorizing Land Sale Number Eighteen and Establishing
Terms and Conditions.
AUSTERMAN moved to adopt Resolution No. FY2014-30.
The resolution was consistent with the recommendation of the Planning and Zoning
Commission (P&ZC) to dispose of the listed properties. After conducting public hearings, it was
determined that the listed properties were surplus to the public's need and could be made
available at a future land sale. By the resolution, the Assembly established the terms and
conditions and set the schedule for the sale of those properties.
1. Tract A, Raven Hills Subdivision
2. Lot 1, Lake Orbin Subdivision
3. Lot 2, Lake Orbin Subdivision
4. Lot 3A, Russian Creek Subdivision
5. Lot 5B, Block 1, Chiniak Alaska Subdivision
6. Lot 5C, Block 1 Chiniak Alaska Subdivision
7, Lot 1, Kashevarof Heights Subdivision
8, Lot 2, Kashevarof Heights Subdivision
9. Lots 11-14, Block 4, Killarney Hills Subdivision
AUSTERMAN moved to amend Resolution No. FY2014-30 by deleting lines 130 through 136.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Lynch, Stephens,
Austerman, Bonney, and Kaplan.
STEPHENS moved to amend Resolution No. FY2014-30 by deleting lines 109, starting with the
last word "to" through line 117.
ROLL CALL VOTE ON MOTION TO AMEND FAILED THREE TO TWO: Stephens, Bonney,
Lynch (Ayes); Kaplan and Austerman (Noes).
AUSTERMAN moved to amend Resolution No. FY2014-30 by removing Parcel #1, Tract A,
Raven Hills and Parcel #9, Lots 11-14, Block 4, Killarney Hills Subdivisions,
ROLL CALL VOTE ON MOTION TO AMEND FAILED FOUR TO ONE: Austerman, Kaplan,
Lynch, Stephens (Noes); Bonney (Aye).
Kodiak Island Borough Assembly Regular Meeting Minutes
April 3, 2014 Page 1343
AUSTERMAN moved to amend Resolution No. FY2014-30 by deleting lines 109, starting with
the last word "to" through line 117 and by adding the language "Commercial rock extraction and
timber excavation is prohibited on RR-1 property."
ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO ONE: Bonney, Kaplan,
Stephens, Austerman (Ayes); Lynch (No).
ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Kaplan,
Lynch, Stephens, Austerman, and Bonney.
Ordinances for Introduction
1. Ordinance No. FY2014-16 Adopting and Implementing a New Employee Classification and
Compensation Plan, Revising Sections of the Personnel Manual, and Updating Position
Descriptions.
LYNCH moved to adopt Ordinance No. FY2014-16 in first reading to advance to public hearing
at the next regular meeting of the Assembly.
The Assembly "accepted" the Fox Lawson & Associates (FLA) Compensation and Benefits
Final Report at the May 16, 2013 meeting. Implementing the conclusions arrived at in the report
was not recommended (see the May 16, 2013 Assembly agenda statement) or approved by the
Assembly because of the need for the Borough's Personnel Advisory Board (PAB) to review
and approve needed changes to the Personnel Manual required to implement the
recommendations made in the study.
At its March 5, 2014 meeting, the PAB unanimously approved the changes to the Personnel
Manual (see Personnel Advisory Board packet and signed resolution). The March 5 meeting
was the third meeting held by the PAB to discuss the FLA recommendations and changes to the
Personnel Manual.
Changing the Personnel Manual to implement the recommendations of the FLA study meant a
number of things. It first and foremost developed a new employee classification system that
determined how a position was placed on the salary scale. Salaries would be based on the
"type and level" of decisions made and importance of the job to the organization. That was a
different method than was formerly used. That former "point system" method placed a position
on the salary schedule based on requirements like: minimum experience required for the job,
the educational and licensing requirements for the job, etc. The FLA methodology was market
based and compared decisions made by diverse positions in the Borough to answer the
question: Are decisions made by accountants any different than those made by a planner or by
a project manager? And if the decisions were the same "type and level" shouldn't those
positions be paid similarly?
Though the ordinance focused on salary, current negotiations with the union were focused on
particular benefits. More information would be provided to the Assembly at a future meeting.
The FY2014 budget included $177,000 to implement the compensation recommendations made
in the FLA report. If the Assembly approved the ordinance, salaries would be increased
Kodiak Island Borough Assembly Regular Meeting Minutes.i utes
April 3, 2014 Page 1344
retroactively to July 1, 2013. The cost to implement those pay increases would be split between
various funds. The General Fund (general government fund paid for through taxes) includes
approximately thirty positions). The five positions in the project's office and portions of positions
in the Engineering and Facilities Department would be funded primarily through Capital Project
Grants. The Enterprise Funds would pay for increases for three positions at Kodiak Fisheries
Research Center and six positions associated with the operation and management of the
Landfill. One position would be funded through the Land Management Fund, and the Fire Chief
position would be funded through the budget of Fire Protection Area#1.
The results of the comprehensive effort would serve the Borough well in attracting and retaining
employees who work hard for the Borough. Retaining long-term employees was a cost savings
to the Borough; losing institutional knowledge was expensive and troublesome, as was having
to train new employees on a regular basis.
Lastly, adoption of the ordinance would affect those positions NOT covered by the Collective
Bargaining Contract immediately. Implementation of salary increases would occur for those who
were members of the IBEW only after the Assembly approved the negotiated contract with the
Union.
BONNEY moved to amend Ordinance No. FY2014-16 by changing sections 5 and 6 to become
effective July 1, 2014.
ROLL CALL VOTE ON MOTION TO AMEND FAILED THREE TO TWO: Kaplan, Lynch, and
Austerman (Noes); Stephens and Bonney (Ayes).
ROLL CALL VOTE ON MAIN MOTION FAILED THREE TO TWO: Lynch, Austerman, and
Kaplan (Ayes); Stephens and Bonney (Noes).
2. Ordinance No. FY2014-17 Rezoning Lot 1 and a t 14,379 Square Foot Portion of Lot 2A,
Block 9, Miller Point Subdivision, First Addition, from RR1-Rural Residential One to PL-
Public Use Lands (P&Z Case No. 14-013).
LYNCH moved to adopt Ordinance No. FY2014-17 in first reading to advance to public hearing
at the next regular meeting of the Assembly.
The rezone request was initiated by the Borough as the next step in the process of incorporating
the subject property into the North Star School Tract. The rezone followed the Assembly's
recent approval of a Comprehensive Plan amendment changing the future land use designation
of the parcels from Rural Residential to Public Facilities/Ownership (KIB Ordinance No.
FY2014-12). The rezone conformed with all aspects of the adopted Comprehensive Plan, would
prevent split lot zoning, and would facilitate the final step of replatting the parcels into the North
Star School Tract (P&Z Case No. S13-024). The end result would be a 13.6 acre tract for North
Star Elementary School that was zoned for public purposes.
The Commission held a public hearing on March 19, 2014 and found the request was consistent
with the goals and objectives of the 2008 KIB Comprehensive Plan. The Commission voted
-unanimously to recommend the Assembly approve the rezone request.
Kodiak Island Borough Assembly Regular Meeting Minutes
April 3, 2014 Page 1345
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Austerman, Bonney
Kaplan, and Lynch.
3, Ordinance No. FY2014-18 Amending Kodiak Island Borough Code of Ordinances Title 2
Administration and Personnel, Chapter 2.120 Parks and Recreation Committee, Section
2.120.010 Committee Created -- Duties and Section KIBC 2.120.030 Administrative
Assistance.
AUSTERMAN moved to adopt Ordinance No. FY2014-18 in first reading to advance to public
hearing at the next regular meeting of the Assembly.
The code amendment requests were voted unanimously by the Parks and Recreation
Committee at its regular meeting on January 28, 2014. The request was originally to reduce the
Parks and Recreation Committee from nine to seven voting members with two alternates and
for the Committee to report directly to the Assembly.
The Planning and Zoning Commission held a public hearing on March 19, 2014 on the request.
The Commission amended the request to establish the Committee at seven voting members
and no alternates. The Commission agreed the Committee should report directly to the
Assembly. The Commission voted unanimously to recommend the Assembly approve the code
amendment requests.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Kaplan,
Lynch, and Stephens.
Other Items
None.
CITIZENS' COMMENTS
Scott Arndt thanked the Assembly for failing Ordinance No. 1=Y2014.16.
ASSEMBLY MEMBERS' COMMENTS
Assembly members Lynch, Kaplan, and Austerman congratulated the student of the month
award recipients.
Assembly members Kaplan and Austerman spoke on the delegation of Assembly members
traveling to Washington D.C.
Assembly member Austerman thanked Robert Rang for his committee update and thanked
Borough staff for their hard work on Resolution No. FY2014-30.
Assembly member Bonney spoke on his trip to Old Harbor and the importance of networking
with the villages. He spoke in support of Ordinance No. FY2014-16 with some revisions.
Assembly member Stephens spoke to a caller being silenced on the phone line.
Kodiak Island Borough Assembly Regular Meeting Minutes
April 3, 2014 Page 1346
Announcements — Mayor Friend
The next Assembly work session would be held on Tuesday, April 15 at 7:30 p.m. in the
Borough Conference Room. The next regular meeting was scheduled an Thursday, April 17
at 7:30 p.m. in the Borough Assembly Chambers.
ADJOURNMENT
Lynch moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Kaplan,
Lynch, and Stephens.
The meeting was adjourned at 9:25 p.m.
KODIAK IS ROUGH
ATT ST: rrol Friers ayor
Nova M. Javier, MMC, Borouglhktlerk Approved on: May 1, 2014
Kodiak Island Borough Assembly Regular Meeting Minutes
April 3, 2014 Page 1347