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12/03/2015 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting December 3, 2015 A regular meeting of the Kodiak Island Borough Assembly was held on December 3, 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 Larry LeDoux, Frank Peterson, Dan Rohrer, Rebecca Skinner, Mel Stephens, and Dennis Symmons. Also present were Borough Manager Bud Cassidy, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. ROHRER moved to excuse Assembly member Kyle Crow who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA SKINNER moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular meeting minutes of October 1 and October 15, 2015, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Friend presented the student of the month award for November 2015 to Jannie Mangalus, a senior at Kodiak High School. CITIZENS' COMMENTS Judy Kidder reported that she attended the Kodiak Strong, Healthy Tomorrows workshop and was happy to announce that her group was one of the three that were selected to receive a $2,000 grant from Providence. She noted that the grant was to help explore ideas to help with homelessness efforts. Kodiak Island Borough Assembly Regular Meeting Minutes December 3, 2015 Page 1 Alan Schmitt strongly supported the idea of moving the meeting time. He noted that there were no complaints when the Planning and Zoning Commission made its meeting times changes and that it would make it a lot easier for people to get home at a reasonable hour. Roberta Austring, Kodiak Hospital Auxiliary Member, read the proclamation from the Auxiliary that was included in the Assembly's packet. Chad Gerondale, Construction Machinery Industrial Representative, thanked the Assembly for the opportunity to be able to place a bid on the excavator and noted that he was present to answer any questions that the Assembly may have. Kent Cross echoed the comments from Mr. Mike Brechan that were published in the Kodiak Daily Mirror newspaper. He reminded everyone about the economic activity generated from logging. Regarding the conditions of the trees in Chiniak, he noted that profits could be used to help with low cost housing. He also commented that it was a good idea for the Assembly to change its meeting times. Alan Wolf commented on the dead trees in Chiniak and thought it would be good to get rid of those now. He noted that he would support the Assembly with its decision, whatever it may be. COMMITTEE REPORTS None. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Cassidy attended the Alaska Municipal Conference and received the bad news of the State's fiscal crisis. He said that the State budget was in a 3.5 Billion deficit. He wanted the Assembly to keep the State's status in mind as it develops its own budget. He noted that he distributed information to his fellow managers at the Manager's conference about the Manager's position pending vacancy. He said the City Attorney would be discussing the legalization of marijuana with the City Council. He also noted that Robbie Townsend scheduled a marijuana legalization session during the Rural Leadership Forum. He announced that Mr. Rue, new Bayside Fire Chief, would be arriving in Kodiak tomorrow. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend also attended the Alaska Municipal League Conference, noted the condition of the State, relayed that Governor Walker noted during the Conference that the State was in a dire state, and would take action this coming year to come up with creative solutions for the shortfall. UNFINISHED BUSINESS 1. Contract No. FY2016-17 Economic Analysis Consulting Services Kodiak Island Borough Assembly Regular Meeting Minutes December 3, 2015 Page 1600 The Assembly postponed Contract No. FY2016-17 to December 3, 2015 from the November 5, 2015 regular meeting. The motion before the Assembly was to move to authorize the Manager to execute Contract No. FY2016-17 for Economic Analysis Consulting Services with the McDowell Group, Inc. of Juneau in an amount not to exceed $43,940 and bill the City of Kodiak for half of the final contract cost. At the November 51h regular meeting the Assembly directed staff to check with the McDowell group regarding the possibility of them lowering the price to $30,000 and also directed staff to check with the City of Kodiak for their willingness to pay the remaining amount above the Borough budget of$15,000. On November 12, 2015, the Kodiak City Council Adopted the following motion at their meeting: Move to endorse the Fisheries Work Group recommendation to award a professional services contract to provide an economic analysis of the fishing industry and authorized the City Manager to expend, if necessary, an amount to exceed the estimated cost of$15,000. LEDOUX moved to amend the main motion to authorize the Manager to execute Contract No. FY2016-17 for Economic Analysis Consulting Services with the McDowell Group, Inc. of Juneau, in an amount not to exceed $38,780 and bill the City of Kodiak for any amount exceeding over$15,000. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Symmons, and Stephens. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED FOUR TO THREE: Peterson, Rohrer and LeDoux (Ayes); Skinner, Symmons, and Stephens (Noes). Mayor Friend broke the tie and voted in favor. NEW BUSINESS Contracts 1. Contract No. FY2016-26 Diesel 4 Cylinder Turbo Skid Steer Loader Procurement. SKINNER moved to authorize the Manager to Execute Contract FY2016-26 with Yukon Equipment, Inc. of Anchorage, Alaska for the procurement of a Diesel 4 Cylinder Turbo Skid Steer Loader in an amount not to exceed $66,490. KIBC 3.30.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. The contract was for the procurement of a Diesel 4 Cylinder Turbo Skid Steer Loader for the Kodiak Island Landfill. Five proposals were received in response to the Invitation to Bid dated September 28, 2015. Proposals were reviewed by the Engineering/Facilities dept. staff, who had determined that Yukon Equipment, Inc. of Anchorage, Alaska was the company that would provide the best overall product that conformed to the advertised specifications. Kodiak Island Borough Assembly Regular Meeting Minutes December 3, 2015 Page 1601 The funds to procure the Skid Steer Loader were coming from the Enterprise Fund Equipment Budget for FY2016. The total equipment budget for FY2016 equipment purchases was $310,000. This was to replace the skid steer loader and the excavator. The skid steer loader proposal that met the specifications came in a little higher ($66,490) than anticipated, however ..v the excavator came in lower than anticipated ($238,100) for a total of $304,590. Therefore, there were enough funds within the FY2016 equipment budget for both purchases. ROHRER moved to postpone Contract No. FY2016-26 to the Regular Meeting of December 17. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FOUR TO THREE: LeDoux, Peterson, Stephens (Noes); Rohrer, Skinner, Symmons (Ayes); Mayor Friend broke the tie and voted in opposition. ROLL CALL VOTE ON THE MAIN MOTION CARRIED FOUR TO TWO: Symmons, LeDoux, Peterson, and Rohrer(Ayes); Skinner and Stephens (Noes). 2. Contract No. FY2016-27 Hydraulic Excavator Procurement. SKINNER moved to authorize the Manager to execute Contract No. FY2016-27 with Construction Machinery of Anchorage, Alaska for the Hydraulic Excavator Procurement in an amount not to exceed $200,907.28. KIBC 3.30.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. The contract was for the procurement of a Hydraulic Excavator for the Kodiak Island Landfill. Five proposals were received in response to the Invitation to Bid dated October 2, 2015. Proposals were reviewed by the Engineering/Facilities staff, who had determined that Construction Machinery of Anchorage, Alaska was the company that would provide the best overall product that conformed to the advertised specifications. The funds to procure the Hydraulic Excavator were coming from the FY2016 Enterprise Fund Equipment Budget. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Stephens, LeDoux, Peterson, Rohrer, and Skinner. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2016-07 Amending Kodiak Island Borough Code Chapter 17.25 Definitions, Chapter 17.165 Recreational Vehicle Parks, and Related Chapters in Title °�..°' Kodiak Island Borough Assembly Regular Meeting Minutes December 3, 2015 Page 1602 17 Zoning to Revise and Update the Standards for Recreational Vehicle Parks in the Borough and to Specifically List Recreational Vehicle Parks as a Conditional or Prohibited Land Use SKINNER moved to adopt Ordinance No. FY2016-07 in first reading to advance to public hearing at the next regular meeting of the Assembly. There was a growing awareness of the need for additional affordable and workforce housing options in Kodiak. The use of recreational vehicles as temporary housing may be one part of a regulatory solution to address the multi-faceted issue. Some of the existing regulatory requirements for recreational vehicle parks had been noted as a disincentive for establishing new recreational vehicle parks or expanding existing parks. These amendments addressed the issue by reducing or eliminating some of the zoning requirements for recreational vehicle park development. The Planning and Zoning Commission held work sessions and/or special meetings to review the proposed amendments on August 12, September 2, September 9, October 7, October 14, and November 10, 2015. The Commission held public hearings on the amendments at their September 16, and November 18, 2015 regular meetings. Following the November 18, 2015 public hearing, the Commission voted unanimously to recommend that the Borough Assembly approve the ordinance amending KIBC Chapters 17.25, 17.165, and related Chapters of Title 17, Zoning to revise and update the standards for recreational vehicle parks in the Borough. There was discussion of the Assembly regarding the request of Assembly member Stephens about the formatting of the amendments specifically when striking out sections and subsections. Clerk Javier noted that after checking with the KIB code vendor that the suggested formatting changes were doable, a second version was provided to the Assembly reflecting suggested changes. ROHRER moved to amend Ordinance No. FY2016-07 by replacing the original version with the second version. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Stephens, LeDoux, Peterson, Rohrer, Skinner, and Symmons. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Symmons, and Stephens. 2. Ordinance No. FY2016-09 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance, Chapter 3.40 Personal Property Tax, Section 3.40.060 Penalties and Interest ROHRER moved to adopt Ordinance No. FY2016-09 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Assembly Regular Meeting Minutes December 3, 2015 Page 1603 The ordinance would amend KIBC Section 3.40.060 to revise the penalty applied to the tax due upon a person who fails to file a personal property assessment return. Assessor Roberts noted further changes to that would address possessory interest in personal properties. SKINNER moved to amend Ordinance No. FY2016-09 bullets A, B, C to start off the bulleted list as follows: "A person or entity required by this code to file a personal property return..... " ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIOUSLY: LeDoux, Peterson, Rohrer, Skinner, Symmons, and Stephens. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Symmons, Stephens, and LeDoux. Other Items 1. Confirmation of the Annual Mayoral Appointments to the Various Boards, Committees, and Commissions. ROHRER moved to confirm the annual Mayoral appointments to the various boards, committees, and commissions for three year terms to expire December 2018 or as indicated. Mayoral Appontments Applicants Term Arch itectural/Eng'g Review Board Bill Barton 2018 Incumbents: Cliff Ford 2018 Bill Barton Colin Young 2016 Cliff Ford Citizens Board of E q ualization Mark Anderson 2018 Incumbents: Ed Mahoney 2018 Mark Anderson Ed Mahoney Plannin-.. and Zonin---Commission Scotttt Arndt ..�„ , ,� ,a „ ...... g g ' t 2018 Incumbents: Maria Painter 2018 Scott Arndt Barry Altenhof(C) pending City recommendation Maria Painter Colin Young (B) new applicant Scott Smiley (B) new applicant Solid Waste Advisory Board Nick Szabo .......... 018 Incumbents: Scott Arndt 2018 Nick Szabo ` Scott Arndt m rv.,, ,.m . m.m,., m. ,., m ,r, ,, „rv,,, ,,,,,,,m„ ,,,, ,,,... ,,,,,. , ,------ ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Symmons, Stephens, LeDoux, Peterson, and Rohrer. 2. Declaring a Seat Vacant on the Planning and Zoning Commission (Kathy Drabek). Kodiak Island Borough Assembly Regular Meeting Minutes December 3, 2015 Page 1604 LEOUX moved to accept, with regret, the resignation of Ms. Kathy Drabek from the Planning and Zoning Commission and directed the Clerk to advertise the vacancy per Borough Code. Ms. Kathy Drabek submitted her resignation on the Planning and Zoning Commission effective November 13, 2015. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Stephens, LeDoux, Peterson, and Rohrer. CITIZENS' COMMENTS Judy Kidder noted her support to changing the formatting amendments in the borough code. She thanked Ms. Drabek for her work on the Commission. She noted consideration should be made regarding Mr. Arndt's appointments on multiple boards. He may be spreading himself too thin. Monique Lewis was appreciative of the diligent process that the Assembly went through at tonight's meeting. They exhibited responsibility through their serious conversation regarding matters. ASSEMBLY MEMBERS' COMMENTS Assembly member LeDoux noted his attendance at AML. He felt the same that there was a lot less money in the State's budget. He noted that the State was looking at a State income tax, capping the permanent fund, and increasing fees around the State. He said that the Borough should also take a hard look at the budget and be diligent as ever. He was glad that the City was receiving a presentation about the regulation of marijuana. He wanted a review of the procurement policy as soon as possible and noted his continued interest to tour Chiniak. He would like to see the high school construction change order cost and thanked Kathy Drabek for her service. Assembly member Stephens gave an oral report regarding AML. He felt that some of the presentations at the conference were less than relevant in Kodiak. He was very troubled about the procurement and the way staff handled the process. Assembly members Symmons appreciated comments from Mr. Schmitt about changing the meeting times. He was glad that the new fire chief is arriving in Kodiak. He appreciated the different perspectives coming from community members. Assembly member Rohrer commented there was work to be done with the procurement process. He was appreciative and encouraged that the Assembly could disagree on contentious issues and remain amiable. He also provided a report that he attending Kodiak Strong, Healthy Tomorrow and noted that the funding came from Providence. He advocated keeping a close eye " on the FITC and keeping it on the forefront of discussions. Kodiak Island Borough Assembly Regular Meeting Minutes December 3, 2015 Page 1605 Assembly member Skinner echoed comments about the personalities and the positive nature of the current assembly although they disagree on issues. She noted that the Assembly expressed the desire to review the procurement process seven months ago and reminded that progress needs to occur since large contracts are going to be coming up before the Assembly. Announcements Mayor Friend noted that a preliminary organizational meeting with Staff was held regarding the Lands Committee and a meeting date was being considered in the next few weeks. He announced the next Assembly work session would be held on Thursday, December 10 at 7:30 p. . in the Borough Conference Room; a special work session would be held on Tuesday, December 15 at 7:30 p.m. in the Borough Conference Room; and the next Assembly regular meeting would be held on Thursday, December 17 at 7:30 p. . in the Borough Assembly Chambers. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Stephens, LeDoux, Peterson, Rohrer, and Skinner. The meeting was adjourned at 9:52 p.m. KODI IS D7 H A T: C U rrol Frien or ---41 -Am � ova k Javier, MMC, B gh Clerk Approved on: December 17, 2015 Kodiak Island Borough Assembly Regular Meeting Minutes December 3, 2015 Page 1606