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07/02/2015 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting July 2, 2015 A regular meeting of the Kodiak Island Borough Assembly was held on July 2, 2015, 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 Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Chris Lynch, Frank Peterson, Dan Rohrer, and Rebecca Skinner. Also present were Administrative Official Bill Roberts, Borough Clerk Nova Javier, and Assistant Clerk Angela MacKenzie. PETERSON moved to excuse Assembly members Aaron Griffin and Larry LeDoux who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA ROHRER moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of June 4 and June 18, 2015, were approved under the consent agenda. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS Judi Kidder, Ken Reinke, and Nelson Jennings spoke in support of Contract No. FY2016-08 Recycling Services. Judi Kidder expressed gratitude to the Planning and Zoning Commission, the Assembly, and staff for the work on the Jackson's Mobile Home Park issue. Lenny Roberson spoke in opposition of roll carts currently being used for residential trash collection due to the problematic bears. Jeremy Williamsen representing AIM Maintenance formally protested the bid tabulation for Contract No. FY2016-05. Kodiak Island Borough Assembly Regular Meeting Minutes July 2, 2015 Page 1523 Craig DeHart representing B&R Fish requested that Contract Nos. FY2016-05 and FY2016-06 be postponed. Lorna Arndt spoke to actions of the Community Development Department. COMMITTEE REPORTS None. PUBLIC HEARING 1. Contract No. FY2016-07 Memorandum of Agreement for CIAP Village Metals Project. PETERSON moved to authorize the Manager to execute Contract No. FY2016-07 a Memorandum of Agreement with Kodiak Island Housing Authority for the administration of the Coastal Impact Assistance Program Grant Village Metals Project for a project total amount not to exceed $2,336,452. The project was initially advertised for bids on August 20, 2014 and received one non- responsive bidder. After the bidding process it was determined that the Kodiak Island Housing Authority (KIHA) could complete the management of the project under KIBC 3.30.070(A) & (E). With that information staff contacted KIHA to inquire if they would manage the project for Borough. The Memorandum of Agreement (MOA) provided for the transfer of authority from the Borough to KIHA for the purpose of completing the Coastal Impact Assistance Program (CIAP) Grant Village Metals Project, including the authorization to complete the sorting and transfer to landing crafts for transportation of said metals to an authorized recycler. A federal CIAP grant and local funding was in place to complete the project and would be paid to the vendors or entities as the invoices were approved by KIHA for payment by the Borough, on a time and materials basis. Through the MOA, KIHA would have the obligation to search out avenues and procedures to complete the project within all regulations. KIHA would organize all work completed in each village, maintain all records, and approve all invoices for payment by the Borough. KIHA would organize the transportation from each village of said metals to a reputable recycler for payment by the Borough. KIHA would be responsible for any and all recordkeeping necessary to be compliant with KIB codes and Federal grant regulations. In order to take advantage of the grant funds, the project must be completed by December 2016. The two funding sources for the project were as follows: Coastal Impact Assistance Grant (CIAP) $2,197,452 Kodiak Island Borough Village Metal Project $ 139,000 Total $2,336,452 Kodiak Island Borough Assembly Regular Meeting Minutes July 2, 2015 Page 1524 A memo explaining the administrative details and a full budget breakdown was attached to the packet. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, and Skinner. BOROUGH MANAGER'S REPORT Administrative Official Roberts reported on the following: • Manager Cassidy would be returning Monday, July 6, 2015 • Wished everyone a happy and safe Independence Day holiday MESSAGES FROM THE BOROUGH MAYOR Mayor Friend reported on the following: • Announced the Anton Larsen Bay dock closure • Wished everyone a happy and safe Independence Day holiday UNFINISHED BUSINESS 1. Resolution No. FY2015-23 Supporting the Subsistence Access Management Act of 2015. The motion before the Assembly was to adopt Resolution No. FY2015-23. Senator Lisa Murkowski announced the introduction of the Subsistence Access Management (SACSMAN) Act to undo the federal government's decision that determined the Alaska Native village of Saxman (population: 410) was 'urban' under its guidelines, a judgment deemed °arbitrary and capricious" by the Organized Village of Saxman, since it barred residents from legal subsistence practices on federal lands and waters. When ANILCA was crafted, it allowed 'rural' residents the ability to practice customary and traditional subsistence activities on federal lands and waters and prohibited 'urban' residents from those activities. The urban/rural decision-making process was done by the Federal Subsistence Management Board within the Department of Interior, which in May 2007 controversially deemed the Alaska Native pommunity of Saxman to have become an 'urban' zone and no longer eligible for subsistence preferences. Kodiak was considered for a potential shift in status as recently as 2006. The SACSMAN Act would require Congressional approval for any proposal to re-designate a community from rural to urban and no change would be official or effective until Congress formally approved it. The bill also overturned the controversial designation for Saxman, and provided federal subsistence regulators the authority to transition a community back to rural subsistence status without any outside involvement. Kodiak Island Borough Assembly Regular Meeting Minutes July 2, 2015 Page 1525 On June 18, Resolution No. FY2015-23 was postponed by the Assembly to the July 2nd regular meeting. LYNCH moved to postpone indefinitely Resolution No. FY2015-23. ROLL CALL VOTE ON MOTION TO POSTPONE INDEFINITELY CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, and Lynch. NEW BUSINESS Contracts 1. Contract No. FY2016-05 Road Maintenance and Repairs, Snow Removal and Sanding, and Small Projects Under$25,000 for KIB Facilities and Grounds. LYNCH moved to authorize the Manager to execute Contract No. FY2016-05 with MK Enterprises, LLC of Kodiak, Alaska for the KIB Facilities and Grounds Road Maintenance and Repairs, Snow Removal and Sanding, and Small Projects Under $25,000 for time and materials based on the Bid Schedule for the period of July 1, 2015 through June 30, 2016. The Kodiak Island Borough Engineering and Facilities (EIF) Department advertised the need for labor and equipment to provide parking lot snow removal, sanding and maintenance at the KIB schools, administrative building, Kodiak Fisheries Research Center (KFRC), landfill, and other small projects under$25,000. Five bids were received from Brechan Construction, LLC; AIM Maintenance; B&R Fish By- Products Inc.; Kodiak Lawn Care and Snow Removal; and MK Enterprises, LLC. The bid opening was held on May 22, 2015 in the Borough Conference Room. The bids were submitted with price quotes for individual pieces of equipment to be used on projects provided above. Bid tabulations were completed and reviewed by a team of three department staff members. The bids were analyzed using the tabulations by setting up a mock project that reflected equipment and material needed to accomplish the work to determine the lowest responsive bidder. Questions were raised regarding the lack of specific documentation required by the Request for Bids and it was concluded that as a Limited Liability Company (LLC), MK Enterprises or any other bidding firm that was an LLC, was not required to submit a Corporate Acknowledgment Affidavit, as an LLC was not a corporation. The lack of the Corporate Acknowledgment Affidavit did not affect the bid tabulation in regards to the "lowest responsive bidder". Bid tabulations, two bid scenarios, and responses of the five bidding firms were provided. The E/F Department recommended awarding the contract for the KIB Administrative Building, School Maintenance and Repairs, Snow Removal and Sanding, and Small Projects Under $25,000 to MK Enterprises, LLC. The Contract would name MK Enterprises, LLC as the Contractor of the work, and all invoicing, etc. would be provided through the Contractor. This was a one-year contract with the option of three one-year extensions. ROLL CALL VOTE ON MOTION FAILED THREE TO ONE: Rohrer, Lynch, Peterson (Ayes); Skinner(No). Kodiak Island Borough Assembly Regular Meeting Minutes July 2, 2015 Page 1526 2. Contract No. FY2016-06 Road Maintenance and Repairs, Snow Removal and Sanding for Womens Bay Service Area. LYNCH moved to authorize the Manager to execute Contract No. FY2016-06 to MK Enterprises, LLC of Kodiak, AK for the Road Maintenance and Repairs, Snow Removal and Sanding for the Womens Bay Service Area for time and materials based on the bid schedule for the period of July 1, 2015 through June 30, 2016. The E/F Department advertised the need for labor and equipment to provide road maintenance and repairs, snow removal and sanding for the Womens Bay Service Area (WBSA). Four bids were received from Brechan Construction, LLC; AIM Maintenance; B&R Fish By- Products Inc.; and MK Enterprises, LLC. The bid opening was held on May 22, 2015 in the Borough Conference Room. The bids were submitted with price quotes for individual pieces of equipment to be used on projects provided above. The bids were analyzed by the WBSA Board using the tabulations to determine the lowest responsive bidder. Questions were raised regarding the lack of specific documentation required by the Request for Bids and it was concluded that as a Limited Liability Company (LLC), MK Enterprises or any other bidding firm that was an LLC, was not required to submit a Corporate Acknowledgment Affidavit, as an LLC was not a corporation. The lack of the Corporate Acknowledgment Affidavit did not affect the bid tabulation in regards to the "lowest responsive bidder". Bid tabulations, bid scenario, and responses of the four bidding firms were provided. The WBSA board recommended awarding the contract for the WBSA Road Maintenance and Repairs, Snow Removal and Sanding to MK Enterprises, LLC. The Contract would name MK Enterprises, LLC as the Contractor of the work, and all invoicing, etc. would be provided through the Contractor. This was a one-year contract with the option of three one-year extensions. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Lynch, Peterson, and Rohrer. 3. Contract No. FY2016-08 Recycling Services with Threshold Services, Inc. ROHRER moved to authorize the Manager to execute Contract No. FY2016-08 with Threshold Services, Inc. (TSI) of Kodiak, AK to provide collection and shipping recyclable materials off- island in an amount not to exceed $248,240 (the flat rate price of$20,6871month) for the period of July 1, 2015 to June 30, 2016, with the option of four one-year extensions. TSI, a private non-profit entity maintained a receiving, handling, processing, storage, and marketing operation for recyclable materials in Kodiak for shipment to markets off-island. TSI achieved that through its goal to provide work and training for persons with disabilities of who were chronically not employable. In addition, TSI was the Borough's current contractor for recycling services. Kodiak Island Borough Assembly Regular Meeting Minutes July 2, 2015 Page 1527 The EIF Department received one proposal, from TSI to the Recycling Processor Request for Proposal (RFP) issued on May 8, 2015. The proposal was received on May 26, 2015 (as required) and was determined to be acceptable 1 responsive but was $107,990 over the amount budgeted ($250,000) for recycling services for FY2016. A review of the proposal revealed the cost overrun was due to two "exceptions" which totaled $109,750. The first exception, which provided recycling services at the TSI staffed facility on Sunday, would add $96,750 to the cost proposal. The second exception, to recycle an estimated 26,000 pounds of electronic waste (E-waste), would add $13,000 to the cost proposal. Because TSI was the sole proposer, and therefore was the lowest total price, EIF staff entered into negotiations as per KIBC 3.30.050(D) with TSI to decrease the proposal cost to conform with the $250,000 Recycling Services budget. EIF staff met with representatives of TSI to negotiate a reduction of the proposal cost on June 3, 2015. The parties discussed modifying the proposal which resulted in the total cost of the TSI proposal to be $1,760 below the budget; total cost of the proposal was $248,240. Further details of the negotiation were attached to the packet. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, and Skinner. Resolutions 1. Resolution No. FY2016-03 Appointing Members to the Kodiak Fisheries Development Association. PETERSON moved to adopt Resolution No. FY2016-03. The Kodiak Island Borough and City of Kodiak jointly designated the Kodiak Fisheries Development Association (KFDA) as the Eligible Crab Community Entity (ECCE). The by-laws of the KFDA provided for appointment of directors to the Board by the Borough Assembly and/or the City Council for three year terms. There were two Borough KFDA seat terms that would expire July 2015. Mr. Tuck Bonney and Mr. Jerry Bongen were the incumbents and had both indicated their desire to be reappointed. Both members have served since the formation of the Board in 2005. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, and Lynch. Ordinances for Introduction None. Kodiak Island Borough Assembly Regular Meeting Minutes July 2, 2015 Page 1528 Other Items 1. Declaring a Seat on the Assembly Vacant (Ms. Carol Austerman). LYNCH moved to accept, with regret, the resignation of Ms. Carol Austerman from the Borough Assembly for a seat term to expire in October 2016, and directed the Borough Clerk to advertise the vacancy per Borough Code. Assembly member Carol Austerman announced her resignation from the Borough Assembly effective June 30, 2015. Ms. Austerman's seat expired in October 2016. Since there was more than 90 days remaining in her term, the procedures for filling vacancies per KIBC 2.25.060 Declaring and filling vacancies would be followed. Once the resignation was accepted, the Clerk's Office would start the advertising process. Applications would be accepted starting on Monday, July 6 through Friday, July 17. There would be a special meeting scheduled on July 30 to interview and appoint a person from the applicants. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Lynch and Peterson. 2. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission City Seat (Mr. Kyle Crow). PETERSON moved to confirm the Mayoral appointment of Mr. Kyle Crow to the City seat on the Planning and Zoning Commission for a seat term to expire December 31, 2016. There was currently one vacant City seat on the Planning and Zoning Commission. The Borough and City Clerk's Offices advertised the vacancy per their respective codes. An application was received on May 22 from Mr. Kyle Crow for the seat. The City Council met on June 11 and interviewed the applicant. On Friday, June 12 the City Clerk Marlar notified Borough Clerk Javier that the City Council was forwarding the recommendation to appoint Mr. Crow to the City seat on the Planning and Zoning Commission, for a seat term to expire December 2016. Mayor Friend asked that the Assembly confirm his appointment of Mr. Crow. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Lynch, Peterson, and Rohrer. CITIZENS' COMMENTS Dennis Summons expressed gratitude to the Assembly for explaining its decisions. Judi Kidder expressed gratitude for the positive vote on Contract No. FY2016-08. She also expressed appreciation towards the efforts made for transparency. Kodiak Island Borough Assembly Regular Meeting Minutes July 2, 2015 Page 1529 ASSEMBLY MEMBERS' COMMENTS Assembly member Rohrer reminded the public who were interested in the mobile home park code revisions to attend the Planning and Zoning Commission meetings on July 8 and July 15, 2015. He also expressed interest in having a special meeting if needed to cover that issue. Assembly member Peterson expressed gratitude for staffs hard work and wished everyone a happy Independence Day. Assembly member Skinner spoke in support of getting the proper entities together to further discuss the roll carts used for residential trash collection and the continuing bear problem. Announcements—Mayor Friend Mayor Friend announced the next Solid Waste Advisory Board meeting would meet on Wednesday, July 22, 2015 at 5:15 p.m., at the Kodiak Fisheries Research Center. The Assembly work session of July 9 and the regular meeting of July 16 had been canceled. The next work session would be held immediately following the special meeting on Thursday, July 30 at 7:30 p.m., in the Borough Conference Room. The next regular meeting would be held on Thursday, August 6 at 7:30 p.m. in the Borough Assembly Chambers. The Borough Offices would be closed on Friday, July 3 in observance of Independence Day. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, and Skinner. The meeting was adjourned at 8:35 p.m. KODIM ISLAND BOROUGH pyr A T: Jerrol Friend, ayor ova M. Javier, MMC, Bor'ugh Clerk Approved on: August 6, 2015 Kodiak Island Borough Assembly Regular Meeting Minutes July 2, 2015 Page 1530