12/15/2016 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
December 15, 2016
A regular meeting of the Kodiak Island Borough Assembly was held on December 15, 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.
The invocation was given by Major David Davis of the Salvation Army. Mayor Rohrer led the
Pledge of Allegiance.
Present were Mayor Daniel Rohrer, Assembly members Kyle Crow, Larry LeDoux, Scott
Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were
Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Angela
MacKenzie.
CROW moved to excuse Assembly member Rebecca Skinner who was absent due to personal
leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA AND CONSENT AGENDA
CROW moved to approve the agenda and consent agenda
APPROVAL OF MINUTES
Regular meeting minutes of June 16 and October 20, 2016 were approved under the consent
agenda.
CITIZENS' COMMENTS
Duane Dvorak, Shop Steward for the IBEW Bargaining Unit, appreciated the important and
clear direction coming from the Assembly.
AWARDS AND PRESENTATIONS
None.
COMMITTEE REPORTS
Assembly Van Daele gave an update regarding the work being done by the Borough Lands
Committee. He also looked forward to the spring land sale.
PUBLIC HEARING
A. Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10
Building Codes To Readopt The 2012 International Residential Code For One And Two -
Family Dwellings.
TOWNSEND moved to adopt Ordinance No. FY2017-22 Version 2.
The ordinance returns the Kodiak Island Borough from the 1997 Uniform Building Code to the
2012 International Residential Code. Three potential paths forward regarding the building code
were discussed at the Borough Assembly's October 27, 2016 Work Session: 1) Keeping the
Kodiak Island Borough Assembly Regular Meeting Minutes
December 15, 2016 Page 1 of 10
1997 Uniform Building Code and terminating the existing MOA with the City of Kodiak 2)
Reverting to the 2012 International Residential Code and extending the existing MOA and 3)
Reverting to the 2012 International Residential Code, providing an opt -out for single-family
residential construction and extending the existing MOA.
Ordinance No. FY2017-22, as presented in first reading on December 1, 2016 aligns with option
3 cited above. Several memos had been provided by staff and were provided in the packet as
historical documentation.
At the December 1, 2016 Meeting, Version 2 of the ordinance was advanced to public hearing.
The City of Kodiak City Council provided a letter to the Borough regarding the building code and
the MOA on December 6, 2016, which was also included in the packet.
Version 2, as advanced on December 1, 2016 was included in the packet, as well as a draft
which began to address the City's concerns. This draft was labeled as Ordinance No. FY2017-
22 Version 4.
Mayor Rohrer opened the public hearing
Jeffrey Stewart voiced concerns on the "opt out" clause in regards to potentially opting out of
adhering to the fire codes and potential harm that could be posed to neighbors.
Bob Bowhay voiced concerns that there was a need for proper road access to the new parcels
that were opened up for sale and that there should be parameters in place to allow people to
build safely. There was a history of development that hadn't been able to meet the needs of fire
equipment access. He stated that parameters must be in place to protect the community and
safety must come first.
Mayor Rohrer closed the public hearing.
CROW moved to amend by substitution version 4 and postpone Ordinance No. FY2017-22
Amending Title 15 Buildings And Construction Chapter 15.10 Building Codes To Readopt The
2012 International Residential Code For One And Two -Family Dwellings to the next regular
meeting of the Assembly and direction was given to staff to provide policy recommendations to
related issues.
SMILEY moved to call the question.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Crow, LeDoux, Townsend, Smiley,
Van Daele (Ayes); Symmons (No).
ROLL CALL VOTE ON MOTION TO AMEND CARRIED FIVE TO ONE: LeDoux, Townsend,
Smiley, Van Daele, Crow (Ayes); Symmons (No).
Kodiak Island Borough Assembly Regular Meeting Minutes
December 15, 2016 Page 2 of 10
BOROUGH MANAGER'S REPORT
Manager Powers reported on the following:
• Update on the State Funding reduction was received today as of 7:45 p.m.
• Meeting with representatives from Afognak regarding the lease parcels
• Bayside Fire was busy with equipment inventory
• Hospital related update
• Metals cleaned up from the villages
MESSAGES FROM THE BOROUGH MAYOR
None.
UNFINISHED BUSINESS
1. Ordinance No. FY2017-11 Amending The 2008 Comprehensive Plan By Changing The
Future Land Use Designation Of Lots 2 And 3, Block 38, East Addition Subdivision From
Public Facilities/Ownership to Urban Residential (P&Z Case No. 16-027).
CROW moved to adopt Ordinance No. FY2017-11 in first reading to advance to public hearing
at the next regular meeting of the Assembly.
The Future Land Use Designation change request was recommended by the Borough Lands
Committee and initiated by the Borough Assembly in conjunction with P&Z Case No. 16-026
(land disposal) and P&Z Case No. 16-028 (rezone). The Planning and Zoning Commission held
a public hearing on the Comprehensive Plan amendment request at its July 13, 2016 regular
meeting. The Commission voted five to one in favor of recommending that the Assembly
approve the Future Land Use Designation change.
At its December 1, 2016 regular meeting the Assembly voted against disposing of these lots.
However, per KIBC 17.205.055 and KIBC 17.205.060, the Assembly must take action on this
amendment and thus cannot remove the item permanently from the agenda.
ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Townsend, Smiley, Symmons, Van
Daele, Crow, and LeDoux.
NEW BUSINESS
Contracts
1. Contract No. FY2017-15 Award Of Bid For Spruce Tree Seedling Hand Planting In
Chiniak.
VAN DAELE moved to authorize the manager to award Borough Contract FY2017-15 with
Carter & Carter Enterprises for the bid for spruce tree seedling hand planting in Chiniak in the
amount of $186,400. Staff distributed a bid solicitation and project specifications by targeted
email to five (5) qualified vendors on October 17, 2016. The solicitation had a closing date of
November 8, 2016 at 3 p.m. At bid closing, the Borough had received two (2) timely and
responsive bids one from Carter & Carter Enterprises, Inc. ($186,260.00) and another from
Future Forests ($222,400.00). Additional information was attached to the packet to show the
invitation to bid and submitted bid documents.
Kodiak Island Borough Assembly Regular Meeting Minutes
December 15, 2016 Page 3 of 10
After reviewing the bids with the Borough's Forest Management Consultant, Wade
Wahrenbrock, staff recommended that the assembly award Borough Contract FY2017-15 to
Carter & Carter Enterprises, Inc. in the amount of $186,260.00.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Smiley, Van Daele, Crow, LeDoux,
and Townsend (Ayes); Symmons (No).
VAN DAELE moved to recess the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
Mayor Rohrer recessed the meeting at 8:21 p.m.
Mayor Rohrer reconvened the meeting at 8:27 p.m
2. Contract Change Order For KIB Contract FY2016-53 To Increase The Amount Of
Contract By $15,000 For Forest Management Consulting Services To Complete Salvage
Harvest Compliance Monitoring And Prepare For 2017 Reforestation Efforts.
SMILEY moved to approve Change Order No. 1 for Borough Contract FY2016-53 in the amount
of $15,000.
The Borough had engaged the services of Forest Management Consultant, Wade
Wahrenbrock, under Borough Contract FY2016-53 since May 2016 after the decision was made
to conduct a timber salvage sale and harvest operation on borough land in Chiniak. The project
was determined to be necessary after several months of investigation in the aftermath of the
Twin Creeks Fire. Borough staff was not experienced in forest management matters and it was
determined to be advisable to bring in the necessary technical expertise to look out for the
Borough's interest under Salvage Timber Sale Contract FY2016-45 and to ensure compliance
with the Alaska Forest Resources and Practices Act.
Based on estimated costs derived from the timber cruise for the borough land in question, staff
budgeted $100,000.00 for technical services, administrative oversight and miscellaneous
expenses related to the project. To date, approximately $54,000.00 had been spent from the
budgeted amount. The details were provided in the memorandum attached to the packet.
Due to unanticipated time and expense devoted to multiple contract changes, boundary
changes, riparian management issues, school salvage plans and other activities related to
reforestation bid preparation and planning, the contract as originally approved was nearly
depleted as of this writing. Because A-1 Timber was going on hiatus for the month of December,
there was time to consider adjusting the contract in order to finish out the project. While certain
activities such as road building and resource extraction were going to wind down now, activities
in preparation for the reforestation phase would be picking up as the project continued to move
forward.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Symmons, Crow, LeDoux,
Townsend, and Smiley (Ayes); Van Daele (No).
Kodiak Island Borough Assembly Regular Meeting Minutes
December 15, 2016 Page 4 of 10
3. Contract No. FY 2017-17 Snow Removal And Ice Control Services For Various Kodiak
Island Borough Facilities.
SMILEY moved to authorize the Manager to execute Contract No. FY2017-17 Snow Removal
And Ice Control Services For Various Kodiak Island Borough Facilities with MK Enterprises,
LLC.
Contract No. FY 2017-17 was for the Snow Removal and Ice Control Services for Various
Kodiak Island Borough facilities for time and materials based on the proposals submitted for the
period of December 15, 2016 through June 30, 2018. The Kodiak Island Borough Engineering
and Facilities (E/F) Department advertised the need for Snow Removal and Ice Control Services
for parking lot snow removal, sanding at the Borough Schools, Administrative Building, Kodiak
Fisheries Research Center (KFRC), and Landfill/ Treatment Plant.
Four proposals were received from Brechan Construction, LLC; AIM Maintenance; Kodiak Lawn
Care and Snow Removal; and MK Enterprises, LLC. The proposal opening happened on
November 21, 2016 in the borough conference room. The submitted proposals had individual
price quotes for snow and Ice control at each facility along with hourly rates for additional
equipment. Proposal tabulations were completed and reviewed by the E/F Department staff
members. The proposals were analyzed using the tabulation form setup before the RFP went
out and was part of the RFP packet. The tabulation form reflected an average cost per facility
total to determine the lowest responsive proposal. Questions were raised at the pre-bid meeting
and were all answered in an addendum. The Bid tabulations of the four bidding firms were
provided along with all backup documentation.
ADDITIONAL FUNDING INFORMATION
These services would be funded from the following funds; 220-232 Borough Building, 530-731-
701 & 702 Landfill and Treatment Plant, 555-758 Kodiak Fisheries Research Center, 201
Education Support Funding. A total of $107,000 had been budgeted for all the funds combined.
The E/F Department recommended awarding the contract for the Snow Removal and Ice
Control Services for Various Kodiak Island Borough Facilities 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. The contract was an 18 month contract with the
option of two one-year extensions.
Mayor Rohrer disclosed his brother was one of the bidders but his company did not win the
contract and that does not pose a conflict of interest.
Assembly member Townsend also disclosed he worked for Brechan Construction but was not
involved in snow removal and did not pose a conflict of interest.
Assembly member Symmons also disclosed he worked closely with all the bidders but not
involved in snow removal and did not pose a conflict of interest.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Van Daele, Crow, LeDoux,
Townsend, and Smiley (Ayes); Symmons (No).
4. Contract No. FY2017-18 Collective Bargaining Agreement with the International
Brotherhood of Electrical Workers Local 1547.
Kodiak Island Borough Assembly Regular Meeting Minutes
December 15, 2016 Page 5 of 10
SMILEY moved to authorize the manager to execute Contract No. FY2017-18 with the
International Brotherhood of Electrical Workers, Local Union 1547 and to adjust the Borough
Salary Schedule to reflect the COLA for all Borough employees (union and non-union) effective
January 1, 2017 and for subsequent years as agreed upon in the contract.
The Borough had one Collective Bargaining Unit (IBEW) that represented a significant number
of positions within the Borough. The other employees were not represented. Historically, the
Borough and IBEW had negotiated three-year agreements covering nearly all aspects of
employment with the Borough. While wages often take "center stage', there were numerous
working condition items contained in the Collective Bargaining Agreement (CBA).
In this round of negotiating a new CBA, they worked together to consider various topics. Many
housekeeping items were addressed to updating title/position information; definition of family;
and other small edits to improve the document. In terms of substantive issues, amended were
the severance provisions for long-term employees that would be laid off should the Borough
experience a reduction in force; amended the recall provisions for employees laid off due to
reductions in force; increased compensation by 2.5% over three years; amended the previously
negotiated "Birthday Holiday" to allow flexibility for both the Borough and the employee to take
the day within three months of their birthday; changed the language regarding special
training/education reimbursement to be uniform in the various sections; amended the language
for cash -in of annual leave to more accurately reflect its purpose; and cleaned up Chapter 19 to
read in a more logical manner; as well as memorializing Letters of Agreement previously
approved.
Further, outside of the Agreement, it was agreed to include IBEW as one of the advertisers of
vacant positions and hopefully laid the groundwork to clean up any lingering issues associated
with classifications. While the team did not memorialize any provisions regarding the Salary
Schedule, the Borough's negotiating team opines that, prior to the end of the Agreement, a
salary study should be completed and we should seek the assistance of IBEW to complete the
study.
Historically, the non-union employees were provided changes in the salary schedule that mimic
the changes in the Collective Bargaining unit and were included in this action.
The items negotiated and agreed upon as outlined were provided in the packet.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Townsend,
Smiley, Symmons, and Van Daele.
Resolutions
None.
Ordinances for Introduction
1. Ordinance No. FY2017-12 Rezoning Lots 2 And 3 (As One Lot), Block 38, East Addition
Subdivision From PL -Public Use Lands District To R1 -Single -Family Residential District
(P&Z Case No. 16-028).
SYMMONS moved to adopt Ordinance No. FY2017-12 in first reading to advance to public
hearing at the next regular meeting of the Assembly.
Kodiak Island Borough Assembly Regular Meeting Minutes
December 15, 2016 Page 6 of 10
The rezone request was recommended by the Borough Lands Committee and initiated by the
Borough Assembly in conjunction with P&Z Case No. 16-026 (land disposal) and P&Z Case No.
16-027 (Comprehensive Plan amendment).
The request was to rezone the subject parcels from PL -Public Use Lands District to R2 -Two-
family Residential District. During the Planning & Zoning Commission's Review of the
associated cases, the Commission determined that R1 -Single-family Residential Zoning was
more consistent with surrounding zoning and uses than the requested R2 -Two-family
Residential zoning. Accordingly, the Commission moved to rezone the subject parcels to R1 -
Single -family residential rather than R2 -Two-family residential. The Planning and Zoning
Commission held a public hearing on the rezone request at its July 13, 2016 regular meeting.
The Commission voted five to one in favor of recommending that the Assembly approve the
rezone.
Staff notes: This was first added to the agenda on September 1, 2016. The Assembly did not
make a motion to introduce the ordinance. It would be an ordinance for introduction again the
next time it was added to the agenda.
At its December 1 regular meeting the Assembly voted against Resolution No. FY2017-21
which disposed of these lots.
At the same meeting, the Assembly removed the ordinance off the agenda; however, per KIBC
17.205.055 and KIBC 17.205.060, the Assembly must take action on this amendment and
thus this ordinance was before the Assembly again for official action.
ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: LeDoux, Townsend, Smiley,
Symmons, Van Daele, and Crow.
Other Items
1. Confirmation of the Annual Mayoral Appointments to the Various Boards, Committees,
and Commissions.
LEDOUX moved to confirm the following Mayoral appointments:
• Scott Arndt and Colin Young for terms to expire 2019 and Jerrol Friend for a term to
expire 2017 on the Architectural Review Board
• Steven Neff, Nathan Svoboda, and Jeffrey Stewart for terms to expire 2019 on the Solid
Waste Advisory Board
• Colin Young for a term to expire 2019 on the Planning and Zoning Commission
• Robert Hoedel for a term to expire 2019 on the Mission Lake Tide Gate Service Area
Board
The Clerk's Office advertised the impending vacancies per Borough code. A copy of the ad was
attached to the packet.
Applications were received from the following:
Architectural Review Board - Two (Three -Year Terms), One (One -Year Term)
• Colin Young (Incumbent)
• Scott Arndt (Incumbent)
• Jerrol Friend (Appointed to a one year term)
Kodiak Island Borough Assembly Regular Meeting Minutes
December 15, 2016 Page 7 of 10
• Steven Neff (Already on the Board)
Solid Waste Advisory Board - Three (Three -Year Terms)
• Steven Neff (Incumbent)
• Nathan Svoboda (Incumbent)
• Jeffrey Stewart (Incumbent)
Planning and Zoning Commission - One (Three -Year Term)
• Steven Neff
• Colin Young
Mission Lake Tide Gate
• Robert Hoedel (Incumbent)
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Smiley, Symmons,
Van Daele, Crow, and LeDoux.
2, Approval Of A Letter To Send To The Alaska State Legislature To Impose No Further
Cuts To the ADF&G Budget Particularly To The Division of Commercial Fisheries.
VAN DAELE moved to Approve A Letter To Send To The Alaska State Legislature To Impose
No Further Cuts To the ADF&G Budget Particularly To The Division of Commercial Fisheries.
The letter was requested by the Kodiak Fisheries Work Group (KFWG). This was the third letter
recommended by KFWG. The other two below were approved on Monday, November 28 during
a special meeting.
Kodiak Island Borough And City Of Kodiak Comment Letter To North Pacific Fisheries
Management Council December 2016 Meeting Regarding Gulf Of Alaska Trawl Bycatch
Management Action.
Letter Of Support For A 2017 Saltonstall-Kennedy (S -K) Research Program Pre -
Proposal Number [0121: "Improving Chinook Salmon Bycatch Estimates For The Gulf Of
Alaska Trawl Fleet: Alternatives Addressing Accuracy, Cost, And Timeliness."
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Van Daele,
Crow, LeDoux, and Townsend.
CITIZENS' COMMENTS
Paul VanDVke, Fire Protection Area No. 1 Chair, congratulated Fire Chief Rue on his one year
anniversary working for the Borough. He noted Chief Rue's work and accomplishments.
Duane Dvorak expressed thanks to the Assembly for the approval of the bargaining unit
contract.
Jeff rev Stewart commented regarding the density of the trees in the proposed tree -replanting
contract.
ASSEMBLY MEMBERS' COMMENTS
Assembly member Van Daele spoke to his experience at AML and quoted one of the closing
speakers "I wish you a lifetime of happiness, peace, and prosperity and a life filled with love
because that is what matters most'. Have a wonderful and blessed holiday season.
Kodiak Island Borough Assembly Regular Meeting Minutes
December 15, 2016 Page 8 of 10
Assembly member Crow wished everyone a Merry Christmas and a Happy New Year
Assembly member LeDoux commented regarding the Joint Assembly and School Board
resolution that was coming forward that established consistent communication between the two
bodies. In celebration of the holiday, he asked to keep in mind those who were in need in the
community.
Assembly member Symmons encouraged community members to attend meetings and he
thanked those who participated during public comments. He asked that the public use caution
and yield to the road crews who were working on the roads.
Assembly member Smiley wished everyone Happy Holidays.
Assembly member Townsend expressed enjoyment in his new capacity as an assembly
member.
Announcements
Mayor Rohrer announced that the Assembly would hold a joint work session with the City
Council on Wednesday, December 21 at 7:30 p.m. in the borough assembly chambers. The
Assembly work session scheduled on Thursday, December 29 and the regular meetings
scheduled on Thursday, January 5 were canceled. An Assembly special work session had been
scheduled for Thursday, January 5 at 6:30 p.m. in the borough assembly chambers. A meeting
was scheduled on Tuesday, January 10 at 6:30 p.m. at the Bayside Fire Hall regarding the
Otmeloi Way paving project. The Mayor and a quorum of the Assembly may be in attendance.
The next Assembly work session would be held on Thursday, January 12 at 6:30 p.m. in the
borough conference room and the next Assembly regular meeting was scheduled for Thursday,
January 19 at 6:30 p.m. in the borough assembly chambers. The Borough offices would be
closed on Monday, December 26 and Monday, January 2 in observance of the Christmas and
New Year's Day holidays.
EXECUTIVE SESSION
1. Strategies In Negotiating The Hospital Lease.
CROW moved to convene into executive session to discuss strategies in negotiating the
hospital lease which qualifies for executive session per KIBC 2.30.030(F.1.b) any matter the
immediate public knowledge of which would tend to affect adversely the finances of the
borough.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Van Daele, Crow,
LeDoux, Townsend, and Smiley.
CROW moved to invite the Borough Mayor, Assembly, Manager, and Clerk's Office Staff into
executive session.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux,
Townsend, Smiley, and Symmons.
After the vote, Mayor Rohrer recessed the regular meeting at 9:22 p.m. and convened the
executive session.
Kodiak Island Borough Assembly Regular Meeting Minutes
December 15, 2016 Page 9 of 10
Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting at
9:53 p.m. and announced that direction was given to the Manager to continue with the
negotiations.
2. Settlement Negotiations Between The Kodiak Island Borough and Energy Plus
Homes.
CROW moved to convene into executive session to discuss Settlement Negotiations Between
The Kodiak Island Borough and Energy Plus Homes which qualifies for executive session per
KIBC 2.30.030(F.i.b) any matter the immediate public knowledge of which would tend to affect
adversely the finances of the borough.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Townsend,
Smiley, Symmons, and Van Daele.
CROW moved to invite the Borough Mayor, Assembly, Manager, and Clerk's Office Staff into
executive session.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Townsend, Smiley,
Symmons, Van Daele, and Crow.
After the vote, Mayor Rohrer recesses the regular meeting at 9:55 p.m. and convened the
executive session.
Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting at
10:01 p.m. and announced that direction was given to manager to continue with the settlement
negotiations.
ADJOURNMENT
TOWNSEND moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY:
The meeting was adjourned at 10:02 p.m.
ATTES .
Nova M. Javier, MMC, Boro� Clerk
KO7AI��LAND BOROU
amel Rohrer, Mayor
Approved on: March 23, 2017
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December 15, 2016 Page 10 of 10