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06/05/2014 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting June 5, 2014 A regular meeting of the Kodiak Island Borough Assembly was held on June 5, 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 and Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Chris Lynch, Frank Peterson, Jr., and Mel Stephens. Also present were Borough Manager Bud Cassidy, Clerk Nova Javier, and Deputy Clerk Jessica Kilborn. GRIFFIN moved to excuse Assembly member Dave Kaplan who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA f PETERSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting of Minutes of May 1, 2014, were approved under the consent agenda. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS Theresa and Scott Bonney spoke on the timber harvesting issue in the Chiniak area. They also advocated that the Borough use video conferencing equipment to broadcast the meetings. Lorraine Stewart, Humane Society of Kodiak, thanked the Assembly for its continued support of the program and reported on the services being provided by the organization. Rob Stauffer, Amanda Sanford, and Sara Brubaker, Kodiak Area Native Association, spoke on the loss of non-profit funding assistance for the programs offered to the community. They urged Kodiak Island Borough Assembly Regular Meeting Minutes 4; June 5, 2014 Page 1368 the Assembly to return full non-profit funding in the amount of $12,000, and to consider changing the process for non-profit funding applications. Lenny Roberson spoke on solid waste issues. Corrie Davis, Hope Community Resources, spoke on the safety of community members and urged the Assembly to assist with protecting pedestrians. Monty Hawver thanked the Assembly for its continued support of the Kodiak Brother Francis Shelter and spoke on the services provided to homeless individuals. COMMITTEE REPORTS Assembly member Austerman reported on her attendance at the National Association of Counties Western Interstate Region conference held in Anchorage, May 20-23. PUBLIC HEARING 1. Ordinance No. FY2015-01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2014 and Ending on the Thirtieth Day of June 2015 (Fiscal Year 2015 Budget). LYNCH moved to adopt Ordinance No. FY2015-01. Clerk's Note: A substituted version of the ordinance was provided to the Assembly and was made available to the public. The ordinance budgeted for FY2015 Revenues and Expenditures for the General Fund, Special Revenue Funds, Debt Service Funds, and Enterprise Funds. The ordinance also added multi- year projects to the capital project funds. The ordinance set the FY2015 mill rates and set the tax rates for commercial aircraft. BONNEY moved to amend Ordinance No. FY2015-01 by substitution. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED FIVE TO ONE: Austerman, Bonney, Griffin, Lynch, and Peterson (Ayes); Stephens (No). Mayor Friend opened the public hearing. Pat Branson, Senior Citizens of Kodiak (SCOK) Director, thanked the Assembly for its non-profit funding support of the SCOK and non-profit organizations in the community, and commended the Assembly's non-profit subcommittee for its hard work and improved process. Mayor Friend closed the public hearing. Kodiak Island Borough Assembly Regular Meeting Minutes June 5, 2014 Page 1369 Assembly member Austerman spoke to the selection process of the non-profit subcommittee. GRIFFIN moved to recess the meeting at 8:35 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was reconvened at 8:50 p.m. GRIFFIN moved to further amend Ordinance No. FY2015-01 by amending the backup budget information to the substituted ordinance accordingly: Use of Fund Balance $97-8,632 $684,132 Total General Fund Revenues $7,'^�- 9 $7,154,832 Economic Development $134,438 $124,450 Non-Profit Funding $374,000 $409,500 Transfers Out $233,5AA $13,500 Total General Fund Expenditures $7,349,332 $7,154,832 Education Support Fund (201) $10,790,009 $10,905,600 Repair and Replacement Projects (469) Borough Building DDC Control System $44498 $0 Borough Building New Flooring $ 39 $0 Borough Building Replace Boilers $250;423 $0 Borough Building Asbestos Boiler Room $1133;568 $0 Borough Building Move Gen Set $ 39 $0 Borough Building Asbestos under carpet $ 39 $0 Port Lions Exterior Paint $199 $0 Rear Parking Paving $415,383 $0 Auditorium Flooring Foyer and Hall $144585 $0 Total $2,244,451 $0 Total Capital Projects Funds $2,244,454 $0 Solid Waste Disposal Fund (530) $2,97.5,365 $3,275,365 Total all Funds $36,047,036 $33,993,684 ROLL CALL VOTE ON MOTION TO FURTHER AMEND CARRIED UNANIMOUSLY: Bonney, Griffin, Lynch, Peterson, Stephens, and Austerman. l ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Griffin, Lynch, Peterson, Stephens, Austerman, and Bonney. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • the Mayor and members of the Assembly traveled to Old Harbor to attend the Leadership Summit held on May 28; and Kodiak Island Borough Assembly Regular Meeting Minutes ,y June 5, 2014 Page 1370 r, a letter in opposition of the Clean Water Act had been written by Federal Lobbyist Brad Gilman, the letter would be shared with the Assembly. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend commented on the need for video co"nferencing equipment in order to broadcast Assembly meetings. He commended the recent communications between rural communities and the Borough Assembly and spoke on the Leadership Summit held in Old Harbor on May 28,. Mayor Friend urged that the contact between rural communities and elected officials continue and be maintained. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Approval of Change Order No. 14 Amending Contract No. FY2014-13 Architectural and Engineering Services Term Contract for Design and Construction Administration for the Anton Larsen Bay Dock Replacement Project. LYNCH moved to authorize the Manager to execute Change Order No. 14 Amending Contract No. FY2014-13 with Jensen Yorba Lott of Juneau, Alaska for the Architectural and Engineering Services for Design and Construction Administration for the Anton Larsen Bay Dock Replacement Project Term Contract in an amount not to exceed $208,950,. 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 Anton Larsen Dock Replacement project, to build a replacement of the existing dock at Anton Larsen Bay. The existing dock was originally built in 1985 for the Terror Lake Hydroelectric Project and was upgraded by the Borough in 19950 It was well past its useful life and had been in need of replacement for some time. The Assembly previously authorized a change order for JYL to complete predesign work for the project, including topographic and bathymetric surveys, and completion of conceptual design options with order of magnitude costs. The predesign work was completed in late 2013 and early 2014, and in early March 2014, JYL and the Borough held public meetings in Kodiak, Port Lions, and Ouzinkie to present the design options and accept public comment. The conceptual design options were also posted on the Borough website, along with a form to provide comments. Based on the comments received, JYL was prepared to proceed with design. The basis of design would be a 60' long x 12' wide dock, with a bid alternate for a second 60' long section. ° The full scope of the change order would include a geotechnical survey to determine the soils condition, completion of structural analysis and design documents, presentation of design Kodiak Island Borough Assembly Regular Meeting Minutes June 5, 2014 Page 1371 ° 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, structural inspections during dock fabrication, and providing final inspections to ensure the work complied with design documents. The project was funded by a combination of state and federal grants. The Borough received a $2,000,000 Designated Legislative Grant and an $80,000 Denali Foundation grant, to which the Borough would provide $20,000 in matching funds, for a total project budget of$2,100,000. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Stephens, Austerman, Bonney, and Griffin. 2. Contract No. FY2014-35 Service Area No. 1 Jackson Lane Resurfacing Project. LYNCH moved to authorize the manager to execute Contract No. FY2014-35 with Brechan Enterprises, Inc. for Service Area No. 1 Jackson Lane Resurfacing Project in an amount not to exceed $60,843. At its meeting on February 13, 2014, the Service Area No. 1 Board voted unanimously to recommend Assembly approval of a proposal from Brechan Enterprises to provide an asphalt overlay at Jackson Lane including an approach at Metrokin Avenue. The Board recommended approval of the sole source contract in order to take advantage of unit pricing included in an Alaska Department of Transportation (ADOT) contract. Brechan was the low bidder for the State contract for road improvements at several local roads, including Spruce Cape Road. Since Jackson Lane and Spruce Cape Road intersected, having one contractor perform the work on both roads at the same time would provide a seamless paving transition between the two roads,. Award of the contract would also allow the Service Area to avoid mobilization and demobilization costs typically included in construction contracts. All work would adhere to ADOT standard specifications. The project would be funded through the Service Area's Repairs and Maintenance account. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Stephens, Austerman, Bonney, Griffin, and Lynch. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2014-01 D Amending Ordinance No. FY2014-01 Fiscal Year 2014 Budget by Amending Budgets to Account for Various Revenues That are Over Budget, Provide for Additional Expenditures and Move Funds Between Projects. Kodiak Island Borough Assembly Regular Meeting Minutes June 5, 2014 Page 1372 GRIFFIN moved to adopt Ordinance No. FY2014-01 D in first reading to advance to public hearing at the next regular meeting of the Assembly. The Borough realized $894,000 in the last land sale and the Borough received a grant for $2,187,452 and a grant for $208,540. The Borough also needed to increase the budget for the removal of the Chiniak underground storage tank and the removal and replacement of other underground storage tanks. The Kodiak Soil and Water Conservation District would provide $40,000 for replacement of a culvert to aid fish passage at Lake Orbin, and the project would be managed by the Borough. The Borough would remove an existing three-foot diameter culvert located in an unnamed stream that flowed from Lake Orbin and replace it with a six-foot diameter culvert to aid fish passage. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Austerman, Bonney, Griffin, Lynch, and Peterson. Other Items 1. Confirmation of the Mayoral Appointment to the Solid Waste Advisory Board (Steven Neff). This item was approved under the consent agenda. There were three vacant seats on the Solid Waste Advisory Board for terms to expire December 31, 2016. On April 23, 2014, the Clerk's Office received an application from Mr. Steven Neff indicating his desire to be appointed to one of the vacant seats on the board. The Assembly confirmed the mayoral appointment of Mr. Neff to the Solid Waste Advisory Board for a term to expire December 2016. CITIZENS' COMMENTS None. ASSEMBLY MEMBERS' COMMENTS Assembly member Lynch spoke on the letter from Federal Lobbyist Brad Gilman regarding the Clean Water Act and she advocated for a resolution adopted by the Assembly that would stand against the Clean Water Act. Assembly member Griffin thanked Borough staff for preparing the FY2015 budget. Assembly member Austerman thanked the non-profit organizations providing services to the community. She spoke on a seminar being held in Anchorage on June 17 regarding economic development for local government and mentioned she would like to attend the seminar. Assembly member Stephens spoke on the Borough's use of the facilities fund and asked for the release of the legal opinion regarding use of the facilities inter-fund loans. Kodiak island Borough Assembly Regular Meeting Minutes June 5, 2014 Page 1373 ANNOUNCEMENTS Mayor Friend announced the next Assembly work session would be held on Thursday, June 12 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, June 19 at 7:30 p. . in the Borough Assembly Chambers. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Lynch, Peterson, and Stephens. The meeting was adjourned at 9:09 p.m. KODIA ISLAND ATTEST: rr I Friend, ayor Nova M. Javier, MMC, B ugh Clerk Approved on: July 3, 2014 Kodiak Island Borough Assembly Regular Meeting Minutes June 5., 2014 Page 1374