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05/05/2016 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting May 5, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on May 5, 2016, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. Assembly member Dan Rohrer gave the invocation. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank Peterson Jr., Dan Rohrer, Rebecca Skinner, and Dennis Symmons. Also present were Administrative Official Bill Roberts, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. APPROVAL OF AGENDA CROW moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS Judi Kidder voiced concerns regarding kids playing on a composting area at the wastewater treatment plant. She stated soil processing and blending was an industrial activity and she filed an official complaint with the Community Development Department. Bill Wren voiced concerns regarding the displaced residents of the Jackson's Mobile Home Park and advocated allowing those residents to stay on his property in Middle Bay even though it was not zoned properly. Peter Hanley spoke against Contract No. FY2016-45 stating it needed a few more provisions that needed to be incorporated in the contract. Tonva Inga and Randy Gilbert spoke against Contract No. FY2016-45 and any logging out in Chiniak. Building Official Doug Mathers encouraged the Assembly to approve the updated Uniformed Plumbing Code and National Electric Code as recommended by the Joint Building Code Review Committee (JBCRC). He further encouraged the postponement of Ordinance No. FY2016-12. Scott Arndt, co-chair of the JBCRC, recommended failing Ordinance No. FY2016-12 and stated he and John Butler were in the audience to help answer any questions. He also spoke in favor of Contract No. FY2016-45. Monique Lewis encouraged an Emergency Medical Services person be appointed to the Marijuana Task Force. Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 1672 Virginia Adams encouraged the Assembly to take the time they need on the contract for timber salvage. Stephen Taufen commented on the salvage timber sale and its value. He also voiced frustrations with the Kodiak Fisheries Work Group meetings regarding public participation and the lack of data in the form of how much labor dollars. He suggested that processors provide Labor cost per major product group. John Butler spoke on Ordinance No. FY2016-12 and provided a history of the JBCRC. Womens Bay Volunteer Fire Department Dale Rice thanked the Borough Assembly and staff for the expansion to the fire station and emergency shelter. They were recently notified that the water system for the building had been approved and had an open house scheduled on Saturday, May 7, 2016 from 12 p.m. until 3 p.m. AWARDS AND PRESENTATIONS Mayor Friend proclaimed May 1 Through May 7, 2016 as Municipal Clerks Week Extending Appreciation to Borough Clerk Nova Javier, Deputy Clerk Angela MacKenzie, Assistant Clerk Laurie Pardoe, and to all municipal clerks for the vital services they perform and their exemplary dedication to the community they represent. Mayor Friend proclaimed May 21 Through May 27, 2016 as Safe Boating Week Urging Everyone who boats to "Wear It" and practice safe boating habits. Mayor Friend proclaimed the month of May 2016 as Mental Health Month and urging all citizens, government agencies, public and private institutions, businesses and schools in Kodiak to increase awareness and understanding of mental health, recommit to the steps our citizens can take to protect their mental health, and the need for appropriate and accessible services for all people with mental illnesses at all stages. Finance Director Dora Cross provided an FY2017 budget presentation. COMMITTEE REPORTS Assembly member Skinner attended the Kodiak Fisheries Work Group (KFWG) meeting yesterday and would be attending one tomorrow. The draft economic analysis report from the McDowell group was posted on the borough's website. The public can make comments regarding the report and it would be updated again shortly. Assembly member LeDoux spoke to the Borough Lands Committee identifying potential lands for disposal and would be working on policy. The intent was to work with community and land holders to increase the availability of land. PUBLIC HEARING A. Resolution No. FY2017-01 Establishing the Minimum Amount of Funds to be Made Available From Local Sources for the Kodiak Island Borough School District for the Fiscal Year Beginning July 1, 2016 and Ending June 30, 2017. Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 1673 LEDOUX moved to adopt Resolution No. FY2017-01. Per KIBC, the Assembly determined the total amount of money to be made available from local sources for school purposes and shall furnish the School Board with a statement (resolution) of the sum to be made available. KIBC 3.15.050 provides that by June 10 the Assembly shall appropriate the amount to be made available from local sources for that purpose in the Borough budget. KIBC 3.35.060E provides that the property tax levy for school and municipal purposes shall be separately made and fixed. KIBC 3.60.020 provides that all motor vehicle registration taxes would be allocated to the area wide school system. At a mill rate of 7.75 mills the estimated property tax revenues for education would be $9,997,500 plus motor vehicle tax in the amount of $280,000 for a total allocation of $10,277,500. Mayor Friend opened the public hearing. Superintendent of Schools Stewart McDonald thanked the Assembly for the school district funding. He recognized some confusion on the mental health contract built into the in-kind portion of the school district budget and recommended that the two bodies meet to discuss the in-kind services. Mayor Friend closed the public hearing. Assembly members LeDoux and Rohrer were both in favor of discussing in-kind services. ROHRER moved to remove lines 48-50 of Resolution No. FY2017-01. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FIVE TO ONE: Crow, LeDoux, Rohrer, Skinner, and Symmons (Ayes); Peterson (No). ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Symmons, and Crow. B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision from C -Conservation District to I -Industrial District. ROHRER moved to adopt Ordinance No. FY2016-19. The rezone request followed a recent amendment of the 2008 Comprehensive Plan, which changed the Future Land Use Designation of the site from Conservation to Industrial/Light Industrial (KIB Ordinance No. FY2016-10). Now that the Future Land Use Designation had been changed, the rezone to I -Industrial was consistent with the adopted Comprehensive Plan. Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 1674 Should the rezone be approved, the owners could then seek permits to establish any permitted or conditional use allowed in the I -Industrial zoning district. The Planning and Zoning Commission held a public hearing on the rezone request at their March 16, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the rezone. The Clerk's Office mailed out five public hearing notices on Friday, April 22, 2016 and none had been received by the close of business on May 5, 2016. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Symmons, Crow, and LeDoux. BOROUGH MANAGER'S REPORT Administrative Official Roberts reported on the following: • Solid Waste Advisory Board (SWAB) held a meeting last Monday and discussed the RFP for the solid waste contract. They discussed removal of roll carts in certain areas and incorporating bear -proof roll carts. • KIB received a grant to fix a number of Tsunami sirens. • The last of the metals in Larsen Bay should be removed by mid-June. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend, City of Kodiak Mayor Pat Branson, and the Borough and City Managers met with Senator Murkowski's staff to discuss EPA, Karluk lake, road service items, local roads, concerns with sea lions on pier one, and the incinerator fine. He reminded the public that spring cleanup was scheduled for this Saturday at 9 a.m. He noted the improvements at the Womens Bay and Bayside Fire Halls and encouraged the public to visit the Fire Halls. UNFINISHED BUSINESS Ordinance No. FY2016-12 Amending Kodiak Island Borough Code Title 15 Buildings and Construction Chapter 15.10 KIBC Building Codes to Add a Local Exception to Eliminate the Requirement for Engineering for Certain Residential Construction in the Borough. The motion on the floor was to adopt Ordinance No. FY2016-12. This Ordinance was postponed from the February 4, 2016 regular meeting and was requested by Assembly member LeDoux which would amend Chapter 15.10 Building Codes of the Kodiak Island Borough Code to add a local exception to eliminate the requirement for engineering for certain construction in the borough. Building Official Doug Mathers provided additional information which was provided in the packet regarding the Joint Building Code Review Board's discussion on the ordinance. Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 1675 There was direction given to staff to add language and get an attorney's opinion regarding the changes proposed. SKINNER moved to postpone to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Rohrer, Skinner, Symmons, Crow, LeDoux, and Peterson. 2. Contract No. FY2016-45 - A Salvage Timber Sale Contract Between the Kodiak Island Borough and A-1 Timber Consultants, Inc. The motion on the floor was to approve Contract No. FY2016-45 a sole source contract for salvage timber sale between the Kodiak Island Borough and A-1 Timber Consultants, Inc. The contract was postponed from the April 21, 2016 Regular Meeting. Staff had prepared a draft salvage timber sale contract for consideration by the Assembly. The contract had not been reviewed by the borough attorney or risk manager at the time of submittal to the agenda. Those reviews should now be carried out concurrently with the Assembly's own review leading up to the April 21, 2016 regular meeting. The proposed contract was presented as a sole source contract with A-1 Timber Consultants, Inc., which had not been subjected to a competitive bid process. The reasoning was set forth in the attached cover memorandum and relied on the provisions of KIBC 3.30.070 Exception to bidding requirements B. The time remaining in which the Borough may realize the full value of the damaged timber was running out in terms of practical actions that must be taken to properly harvest and reclaim borough lands. This had created an emergency under the KIBC 3.30.070. Exception to bidding requirements B that allowed the Assembly to avoid a competitive bid process if the delay required for compliance with bidding requirements would jeopardize the public health or welfare. SKINNER moved the previous question (to end debate). ROLL CALL VOTE ON THE PREVIOUS QUESTION MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Crow, LeDoux, Peterson, and Rohrer. ROLL CALL VOTE ON MAIN MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Peterson, Rohrer and Skinner. Mayor Friend recessed the regular meeting at 9:20 p.m. Mayor Friend reconvened the regular meeting at 9:28 p.m. NEW BUSINESS Contracts 1. Contract No. FY2016-47 Peterson Boilers and Controls Replacement Project. Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 1676 LEDOUX moved to authorize the Manager to execute Contract No. FY2016-47 with Wolverine Supply, Inc. of Wasilla, AK for the Peterson Boilers and Controls Replacement project in an amount not to exceed $707,000. KIBC 3.30.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. The contract was for construction of the Peterson boilers and controls replacement project, one of the bond projects approved by voters in 2014. The scope of work was removal and replacement of the existing boilers and mechanical controls system at Peterson Elementary School, as well as replacement of the boiler building roof. Design was completed by Jensen Yorba Lott, Inc. and RSA Engineering, Inc. and approved by the Architectural/Engineering Review Board. An invitation to bid was issued on March 18, 2016, and bids were due and opened on April 12, 2016. Four bids were received. After reviewing bids, Staff had determined that Wolverine Supply of Wasilla was the lowest responsive bidder. A copy of the bid tabulation was attached to the packet. Wolverine had previously completed several projects for the Borough, including the Womens Bay Emergency Shelter, Kodiak Fisheries Research Center (KFRC) ventilation modifications, and the North Star exterior renovation. Funding for the project came from general obligation bonds. The Alaska Department of Education and Early Development reviewed and approved the bid documents and the project was eligible for a 70% reimbursement by the State. The budget for construction was $835,597 and the contract was for $707,000. A copy of the current budget was attached to the packet. The work was scheduled to be completed before the start of school next fall. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer Skinner, and Symmons. Contract No. FY2016-48 Peterson and Main Schools Flooring Project. SKINNER moved to authorize the Manager to execute Contract No. FY2016-48 with Wolverine Supply, Inc. of Wasilla, AK for the Peterson and Main Schools flooring project in an amount not to exceed $531,001. KIBC 3.30.020 Limitation of Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. The contract was for construction of the Peterson and Main Schools flooring project, one of the bond projects approved by voters in 2014. The scope of work was removal and replacement of the flooring at Peterson Elementary School and at the gymnasium at Main Elementary School. The proposed contract included award of two bid alternates: 1) removal and replacement of the gym floor at Main Elementary, instead of just refinishing the existing floor, and 2) removal and replacement of flooring at additional corridors at Peterson Elementary. Design was completed by Jensen Yorba Lott Inc. and approved by the Architectural/Engineering Review Board. Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 1677 An invitation to bid was issued on March 18, 2016, and bids were due and opened on April 12, 2016. Two bids were received. After reviewing bids, Staff had determined that Wolverine Supply of Wasilla was the lowest responsive bidder. A copy of the bid tabulation was attached to the packet. Wolverine had previously completed several projects for the Borough, including the Womens Bay Emergency Shelter, KFRC ventilation modifications, and North Star exterior renovation. Funding for the project came from general obligation bonds. The Alaska Department of Education and Early Development reviewed and approved the bid documents and the project was eligible for a 70% reimbursement by the State. The budget for construction was $677,915 and the contract was for $531,001. A copy of the current budget was attached to the packet. The work was scheduled to be completed before the start of school next fall. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer Skinner, Symmons, and Crow. Contract No. FY2016-49 East Elementary Roof Replacement Project. SKINNER moved to authorize the Manager to execute Contract No. FY2016-49 with RPR Inc., dba Rain Proof Roofing of Anchorage, AK for the East Elementary roof replacement project in an amount not to exceed $524,800. KIBC 3.30.020 Limitation of Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. The contract was for construction of the East Elementary roof replacement project, one of the bond projects approved by voters in 2014. The scope of work was removal and replacement of roofing at East Elementary School. Design was completed by Jensen Yorba Lott Inc. and approved by the Architectural/Engineering Review Board (ARB). Originally the project was going to include removal and replacement of the steel bus canopy roof at Kodiak Middle School, but that was split into a separate project at the recommendation of the ARB. The Kodiak Middle School portion of the project was currently out for bid. An invitation to bid was issued on March 18, 2016, and bids were due and opened on April 12, 2016. Three bids were received. After reviewing bids, Staff had determined that RPR Inc., dba Rain Proof Roofing of Anchorage, AK was the lowest responsive bidder. A copy of the bid tabulation was attached to the packet. RPR had previously completed the Larsen Bay roof replacement project directly for the Borough and installed all the new roofing for the Kodiak High School addition and renovation project as a subcontractor. Funding for the project came from general obligation bonds. The Alaska Department of Education and Early Development reviewed and approved the bid documents and the project was eligible for a 70% reimbursement by the State. The budget for construction was $1,111,584 and the contract was for $524,800. The total construction budget would include the Kodiak Middle School portion of the project, projected to be approximately $200,000. A copy of the current budget was attached to the packet. The work was scheduled to be completed before the start of school next fall. Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 1678 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer Skinner, Symmons, Crow, and LeDoux. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2017-01 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 2016 and Ending on the Thirtieth Day of June 2017 (Fiscal Year 2017 Budget). LEDOUX moved to adopt Ordinance No. FY2017-01 in first reading to advance to public hearing at the next regular meeting of the Assembly. The ordinance budgets for FY2017 Revenues and Expenditures for the General Fund, Special Revenue Funds, Debt Service Funds, and Enterprise Funds. The ordinance sets FY2017 mill rates and sets the tax rates for commercial aircraft. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Symmons, Crow, LeDoux, and Peterson. Other Items 1. Confirmation of the Mayoral Appointment to the Solid Waste Advisory Board (Mr. Nathan Svoboda). ROHRER moved to confirm the mayoral appointment of Mr. Nathan Svoboda to the Solid Waste Advisory Board for a term to expire December 2016. There was currently one vacant at -large seat on the Solid Waste Advisory Board for a term to expire in December 2016. On April 19, 2016, the Clerk's Office received an application from Mr. Nathan Svoboda. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Crow, LeDoux, Peterson, and Rohrer. 2. Confirmation of the Assembly Appointments to the Mission Lake "Tidegate" Service Area Board (Craig Johnson and Alan Wolf). ROHRER moved to confirm the Assembly Appointments of Mr. Craig Johnson for a seat to expire 2017 and Mr. Alan Wolf for a seat to expire 2018. There were currently two vacancies on the Mission Lake "Tidegate" Service Area Board for terms to expire in December 2017 and December 2018. Applications were received from the following: Craig Johnson application received March 29, 2016 Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 1679 • Alan Wolf application received March 31, 2016 • Robert Hoedel application received April 4, 2016 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Peterson, Rohrer, and Skinner. 3. Confirmation of the Mayoral Appointments to the Marijuana Task Force. SKINNER moved to confirm the following Mayoral Appointments as follows: Seat # Seat Assignment 1 Assembly Member 2 Assembly Member 3 Medical Professional 4 Law Enforcement 5 Retail Business Owner 6 Marijuana Advocate 7 Member at Large 8 Member at Large 9 Member at Large Mayoral Appointment Dan Rohrer (Co-chair) Dennis Symmons Jonathan Strong Detective Michael Sortor Janiese Stevens Joanne Shaker Tuck Bonney (Chair) Shelly Paulson Nicholas Troxell The City of Kodiak recommended Council members Arboleda and Bishop to serve on the task force. The Kodiak Island Borough Assembly adopted Resolution No. FY2016-31 on March 17, 2016. The task force was tasked to advise the Assembly and Administration on any and all aspects, impacts, and concerns related to the legalization of marijuana. A copy of Resolution No. FY2016-31 was attached to the packet. The created membership would consist of 11 members. Applications were received from the following: • Martin Barton • Tuck Bonney • Monique Lewis (At Large Seat) • Theodore Panamarioff (At Large Seat) • Shelly Paulson • Joanne Shaker (Marijuana Advocate) • Janiese Stevens • Jonathan Strong (Medical Seat) • Nicholas A. Troxell Jr. (Marijuana Advocate or Business Seat) • Brent Watkins (Chair/Vice Chair/At Large) ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Skinner, and Symmons. Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 1680 4. Declaring a Seat on the Assembly Vacant (Assembly Member Mel Stephens). CROW moved to accept, with regret, the resignation of Assembly member Stephens from the Borough Assembly for a seat term to expire October 2016, and direct the Borough Clerk to advertise the vacancy per Borough Code. Assembly member Mel Stephens submitted his resignation from the Borough Assembly on April 25, 2016. His seat expires October 2016. Since there are more than 90 days remaining in his term, the procedures for filling vacancies per KIBC 2.25.060 will be followed. Staff asked the Assembly to accept the resignation immediately so the advertising process could begin. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Symmons, and Crow. CITIZENS' COMMENTS Judi Kidder expressed gratitude to the Clerk's Office for their assistance on various requests and commended the Borough for having its records easily accessible on the Borough's website. Public health and safety is important and it is the Borough's responsibility to fix broken processes and find solutions. Dave Masinter asked if there were any options as far as storing their mobile homes. Kent Cross appreciated the effort the Assembly and Staff had put into the decision to advance Contract No. FY2016-45. ASSEMBLY MEMBERS' COMMENTS Assembly member Crow commented on the compost pile at the Waste Water Treatment Plant. He expressed concern about people unlawfully residing on Mr. Bill Wren's property in Middle Bay. He touched on Mr. Stephen Taufen's comments regarding Processor data request. He expressed frustration over not receiving the budget presentation in the packet to review prior to the meeting. He commented on the garbage surrounding dumpsters; thanked the Kodiak Island Borough School District for reviewing their budget needs; thanked volunteers who serve on committees; asked the community to attend and comment at meetings of the Assembly. Lastly, he thanked Kent Cross for his assistance with the burnt Chiniak timber and thanked Mel Stephens for his service on the Assembly. Assembly member Peterson commented that the land would regenerate and be beautiful once again. He also expressed that the Marijuana Task Force would be challenging and encouraged the public to comment. Assembly member Rohrer commented on challenges facing the Marijuana Task Force. He requested that the Manager look into the manufacturing of top soil that was happening at the Waste Water Treatment Plant. Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 1681 Assembly member Skinner encouraged the public who was interested in the borough budget to attend the next work session. She also encouraged citizens to apply for the seat on the assembly. She wished a happy Mother's day for this Sunday. Assembly member Symmons urged the residents of Chiniak to look at the timber harvest from the Assembly's perspective. He reminded the staff that it was their job to help citizens. Assembly member LeDoux wished mothers a Happy Mother's Day. He commented on the system in place being a complaint based system and the staff follows up per borough code. He commented on how filthy the dumpsters were and offered some ideas for improvement. He expressed appreciation on how the contracts were put together and presented. He expressed interest in funding a Housing Coordinator, encouraged the public to look at the Economic Impact study; mentioned that the borough should incorporate archeological surveys to be done on land disposals. He thanked Scott Arndt for serving on so many committees; commented on how hard it was to prioritize the issues. He also requested a Landfill calendar and new RFP to be put on the agenda for May 12. Announcements Mayor Friend announced the next Assembly work session would be held on Thursday, May 12, 2016 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting would be held on May 19, 2016 in the Borough Assembly Chambers. The Mayor and members of the Assembly were invited and may be in attendance of the Kodiak Archipelago Rural Regional Leadership Forum on Wednesday, May 18, 2016 at the Kodiak College. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Symmons, Crow, and LeDoux. The meeting was adjourned at 10:29 p.m. Approved on: July 7, 2016 Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 1682