02/01/2018 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
February 1, 2018
A regular meeting of the Kodiak Island Borough Assembly was held on February 1, 2018, 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 Sergeant Major Dave Blacketer of the Salvation Army. Mayor
Rohrer led the Pledge of Allegiance.
Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Julie Kavanaugh, Andrew
Schroeder, Rebecca Skinner, and Scott Smiley Also present were Borough Manager Michael
Powers, Borough Clerk Nova Javier, and Assistant Clerk Karen Siador.
CROW moved to excuse Assembly members Van Daele and Symmons who were absent due
to personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA
SKINNER moved to approve the agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
None.
CITIZENS' COMMENTS
Bill Oliver, Senior Citizens of Kodiak Board Member, gave a quarterly report to the Assembly
regarding the activities at the Senior Center.
Brandi Wagner spoke in opposition regarding a possible mill rate increase for the School
District.
Judi Kidder spoke about the Poll she conducted on Friends of Kodiak regarding the proposed
mill rate increase for the School District.
Jerrol Friend and Brenda Friend, owners of Friend Contractors spoke about supporting Kodiak
by employing locals and encouraged the Assembly to use the provision in the code regarding
local preference.
Mike Milligan spoke in favor of local hires and local contractors for projects in the community.
Jeff Stewart spoke about local contractors and asked the Assembly to reconsider their decision.
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Betty McTavish spoke about consolidating Bayside and City of Kodiak Fire Stations.
AWARDS AND PRESENTATIONS
Chief Howard Rue from the Bayside Fire Station provided an update to the Assembly.
COMMITTEE REPORTS — None.
PUBLIC HEARING
State Of Alaska Alcohol And Marijuana Control Office New Application For A Limited
Marijuana Cultivation Facility From Bells Flats Botanicals (Licensee: Gregory J Egle).
SKINNER moved to protest the issuance of the license for the following reasons: the applicant
must obtain a conditional use permit from the Community Development Department, complete a
fire and safety plan review with the Fire Marshal, and complete a review with regard to the
change in occupancy with the Building Official. Upon obtaining and completing the requirements
cited, the Kodiak Island Borough, through the Office of the Borough Clerk, will rescind any
protest recommended to AMCO.
The Kodiak Island Borough Clerk's Office received the notification regarding the attached
license application for a limited marijuana cultivation facility from Bells Flats Botanicals. The
Clerk's Office followed KIBC 5.02.040 and processed the attached application. To summarize,
the Clerk's Office checked with the different borough departments including the building officials
and the fire marshall to determine if there was an interest which can be protested with the
approval of the said license issuance.
As of January 12, 2017, the following feedback were returned as a result of the investigation.
The forms were attached to this packet.
• Manager's Office - No comment.
• Assessing Department - no interest to protect
• Community Development Department - Limited marijuana cultivation required a
conditional use permit (CUP) prior to issuance of zoning compliance. No such CUP had
been granted to the owner of this parcel. Thus, CDD cannot support approval of the new
limited Marijuana Cultivation Facility Application at this time (KIBC 17.70.030 & KIBC
17.200)
• Engineering and Facilities Department - No comment.
• Building Official - The applicant had no contact with the department with regard to the
change in occupancy for any building that will be changed by the proposed cultivation
application. Plan review and building permits were required.
• Fire Marshall - Life Safety. Fire and Life Safety Plan Review had not been completed as
required by State of Alaska Deferred Jurisdiction Agreement. Plans have not been
submitted to this office via Building Official for approval.
Notices of public hearing were advertised on January 22 and January 29. 95 public hearing
notices were sent out on January 17. Returned public hearing notices were:
1. emailed to the Assembly
2. included in the Assembly's electronic mail folder
3. included in the packet
Also, at the direction of the Mayor and Assembly, the Clerk's Office had made an inquiry
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regarding the State's process if the Borough approved this application with conditions and
whether AMCO will honor the Borough's approval with conditions and not issue the license until
they were notified that the conditions have been met. In response, AMCO staff noted that if the
Borough chooses to protest this license based on the conditions listed, then once the licensee
has obtained the Conditional Use Permit and other borough requirements have been satisfied,
the Borough can lift the protest. A clearly defined "protest" which can always be lifted later,
ensures that AMCO and the MCB understand the license was not to be issued until the terms
and conditions have been filled.
Mayor Rohrer opened the public hearing.
Greg Egle, applicant, provided additional information to the Assembly regarding the process he
had to go through with AMCO.
The following spoke in favor of the application.
Bob Bowe
Eric Carlson
Mike Milligan
Lisa Booch
Mike Milligan
Brandon Eskew
Mayor Rohrer closed the public hearing.
CROW moved to amend the motion by adding "in accordance to 3AAC.806.060B"
ROLL CALL VOTE ON MOTION TO AMEND FAILED FOUR TO ONE: Crow (Aye); Kavanaugh,
Schroeder, Skinner, and Smiley (Noes).
ROLL CALL VOTE ON MAIN MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder,
Skinner, Smiley, and Crow.
2. Ordinance No. FY2018-13 Amending Various Chapters Of KIBC Title 17 (Zoning) To
Clarify Setback Requirements In Various Zoning Districts (P&Z Case No. 18-009).
SKINNER moved to adopt Ordinance No. FY 2018-13.
Title 17 of the Borough Code had not been comprehensively updated since the early 1980s.
Since then, changes to Title 17 have been piecemeal. This piecemeal approach had resulted in
the use of inconsistent language to describe requirements such as yard setbacks. Several
zoning districts also have unclear language regarding setbacks. The goal of this proposed
ordinance was to make the language for setbacks consistent and easy to understand.
This ordinance does not change setback requirements within any zoning district.
The Planning and Zoning Commission passed this ordinance 4-0 at its November 29, 2017
Regular Meeting.
Mayor Rohrer opened the public hearing.
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Seeing and hearing none, Mayor Rohrer closed the public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner,
Smiley, and Crow.
3. Ordinance No. FY2018-14 Amending KIBC 17.15 (General Provision And Use
Regulations), KIBC 17.195 (Variances), KIBC 17.200 (Conditional Use Permits), And
KIBC 17.205 (Amendments And Changes) To Make Certain Administrative Land Use
Processes Consistent (P&Z Case No. 18-008).
SKINNER moved to adopt Ordinance No. FY2018-14.
SKINNER moved to amend Ordinance No. FY2018-14 by substitution with Version 2.
Title 17 of the Borough Code had not been comprehensively updated since the early 1980s.
Since then, changes to Title 17 have been piecemeal. This piecemeal approach had resulted in
the use of inconsistent language and processes relating to the administration of land use
actions. Chapters 17.195 (Variances), 17.200 (Conditional Use Permits), and 17.205
(Amendments and Changes) have had inconsistent requirements for hearing notifications,
timeframes for decision-making by the Planning & Zoning Commission, appeal periods, who
may appeal, effective dates, and cancellation dates, and uses inconsistent methods of measure
for periods of time in which certain actions should be taken (days, calendar days, consecutive
days, working days, etc.).
Additionally, several processes have become departmental practice over the years, but code
had not been amended to reflect this. For example, KIBC 17.195.040 stated that `The
community development department shall send to each property owner within a minimum
distance of 300 feet of the exterior boundary... notice of the time and place of the public
hearing..." However, departmental staff has consistently used a 500 foot minimum for a
number of years.
It was the intent of the Community Development Department to make the appropriate
amendments to Chapters 17.195 (Variances), 17.200 (Conditional Use Permits), and 17.205
(Amendments and Changes) and then put forward an ordinance for consideration making
similar modifications to Chapters 17.215 (Review of Planning and Zoning Commission
Decision), 17.220 (Appeals to the Planning and Zoning Commission), and 17.225 (Appeals to
the Board of Adjustment). It was the hope of CDD staff that, once completed, these changes
will provide clearer, more concise processes for administering land use within the Borough.
Minor changes to KIBC 17.15 General Provisions and Use Regulations were being made only to
provide consistency. The Planning and Zoning Commission voted 4-0 to approve this ordinance
at its November 29, 2017 Regular Meeting.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Schroeder, Skinner,
Smiley, Crow, and Kavanaugh.
Mayor Rohrer opened the public hearing.
Jerrol Friend noted that it has taken a while to update the codes due to staff changes, short
staffing, and difficulties in filling P&Z Commission seats.
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Mayor Rohrer closed the public hearing.
KAVANAUGH moved the previous question.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Skinner,
Smiley, Crow, Kavanaugh, and Schroeder.
BOROUGH MANAGER'S REPORT
Manager Powers briefly reported on the following:
• Consolidated travel arrangements for all borough employees with the exemption of the
Assembly and Clerk's Office staff.
• Kodiak Rural Forum
• Historical information related to Title 17
• Follow up with earthquake/tsunami drill
• Meeting with the villages to address some of their concerns
MESSAGES FROM THE BOROUGH MAYOR
Mayor Rohrer briefly reported on the following:
• Budget work session on Saturday, February 03, 2018
• Work session on February 22, 2018
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
1. Contract No. FY2018-22 Agreement for Provision Of E-911 Operation And
Maintenance Services.
SMILEY moved to authorize the Manager to execute Contract No. FY2018-22 with the City of
Kodiak for the provision of E911 Operation and Maintenance Services.
The most recent contract with the City of Kodiak (2004-48) for the provision of E-911 operation
and maintenance services was a three year contract signed in September 2004. The agreement
is based on the arrangement that the Borough collects the E911 surcharge from telephone
service providers and then uses the funds to reimburse the City of Kodiak for operation and
maintenance of the system at its public safety answering point. It is time to review and update
the agreement.
KAVANAUGH moved to postpone Contract No. FY2018-22 to the February 15, 2018 regular
meeting.
ROLL CALL VOTE ON MOTION TO POSTPONE FAILED THREE TO TWO: Crow, Kavanaugh,
and Skinner (Ayes); Smiley and Schroder (Noes).
ROLL CALL VOTE ON MOTION FAILED THREE TO TWO: Crow, Schroeder, and Smiley
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(Ayes); Kavanaugh and Skinner (Noes).
2. Contract No. FY2018-23 Baler Building Roof and Siding Replacement.
SKINNER moved to authorize the Manager to execute Contract No. FY2018-23 with Triple V
Contracting LLC of Big Lake, AK for the Baler Building Roof and Siding Replacement project in
an Amount Not to Exceed $602,001.
Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract
exceeding $25,000 requires Assembly approval.
This contract is for construction of the Baler Building Roof and Siding Replacement project. The
scope of work is removal and replacement of the existing metal roofing and siding from the
Baler Building, including new insulation, doors, windows, exhaust fans, and exterior lighting.
Two alternates were included in the bid documents: 1) installation of new insulated panel
system in lieu of standard metal siding and roofing, and 2) installation of a new roof and
entrance deck for the scale shack. Design was completed by Jensen Yorba Lott, and approved
by the Architectural/Engineering Review Board (ARB). This work is scheduled to be completed
during summer 2018.
An invitation to bid was issued on December 6, 2017, and bids were due and opened on
January 11, 2018. Five bids were received and a copy of the bid tabulation is attached. After
reviewing bids, Staff has determined that, based on the total cost of the base bid and alternate
1, Triple V Contracting LLC is the lowest responsive bidder. Triple V was not lowest based only
on the base bid cost, but their low cost for the alternate made them the overall low bidder. While
award of this alternate will result in a $40,000 overage in the construction line of the budget,
there are available funds in the project contingency to cover the overage. The insulated panel
system is more sanitary, energy efficient and durable than standard metal siding and roofing,
and Both staff and the ARB are recommending the insulated panel system as a better option for
the long term maintenance of this Borough facility.
Kodiak Island Borough Code 3.30.060 Local Preference allows the Assembly the discretion to
award a contract to a "responsible bidder who maintains a business office or store within the
borough from which the property or service would be provided, if that bid does not exceed the
lowest responsible bid by more than 10 percent." In this case Friend Contractors LLC is a local
contractor whose bid amount does not exceed the lowest responsible bid by more than 10
percent. Friend Contractors proposed cost (including alternate 1) is $628,455. Award of a
contract in this amount would require additional contingency funds, but would still be within the
overall project budget. Again, award based on local preference is up to the discretion of the
Assembly.
SMILEY moved to amend the motion to authorize the Manager to execute Contract No.
FY2018-23 with Friend of Contractors of Kodiak, AK and removing Triple V Contracting LLC of
Big Lake, AK for the Baler Building Roof and Siding Replacement project in an Amount Not to
Exceed $628,455 and striking out $602,001 and using the provisions in the code, local
preference.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO ONE: Kavanaugh,
Schroeder, Skinner, and Smiley (Ayes); Crow (No).
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ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED FOUR TO ONE:
Schroeder, Skinner, Smiley, and Kavanaugh (Ayes); Crow (No.)
Resolutions
None.
Ordinances for Introduction
None.
Other Items
1. Declaring A Seat Vacant On The Architectural/Engineering Review Board And The
Planning And Zoning Commission (Colin Young).
SKINNER moved to accept, with regret, the resignation of Mr. Colin Young, effective February
8, 2018, from the Architectural/Engineering Review Board and the Planning and Zoning
Commission for terms to expire December 2019, and direct the Borough Clerk to advertise the
vacancy per Borough code.
On January 12, Mr. Young submitted a letter of resignation from the Architectural/Engineering
Review Board and the Planning and Zoning Commission for terms to expire December 2019.
This resignation will be effective February 8, 2018.
2.100.070 Vacancies.
A. Other than by expiration of the member's term, the assembly shall declare a seat vacant
when a member:
2. Resigns and the resignation is accepted;
D. In the event of a vacancy on a board, committee, or commission for any reason other than
normal expiration of a term of office, the clerk shall cause notice thereof to be published at least
twice in a newspaper of general circulation within the borough. The notice shall set forth the
vacancies and any qualifications of members. The appointing authority shall appoint a new
member for the remaining unexpired term in accordance with KIBC 2.100.030.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Crow, Kavanaugh,
Schroeder, and Skinner.
2. Appointment To the Providence Kodiak Island Medical Center Community Advisory
Board (Mr. Steve Honnold, Mr. Jerome Selby, Ms. Pat Branson, and Ms. Teri
Schneider).
Schroeder moved to voice non -objection to the appointments of Mr. Steve Honnold, Ms. Teri
Schneider, Mr. Jerome Selby, and Ms. Pat Branson to the Providence Kodiak Island Medical
Center Community Advisory Board for terms to expire December, 2020.
Per Contract No. 2018-02, Section 29: An advisory board meeting the requirements of 7AAC
13.030(a) will be appointed by Providence. One Assembly member shall be appointed by
Providence as a full voting member of the advisory board, and Providence shall give the
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borough the opportunity for review and comment before appointments to the advisory
board are made.
On January 8, 2018, the Clerk's Office was notified of the following pending re appointments to
the Providence Kodiak Island Medical Center Community Advisory Board: Mr. Steve Honnold,
Mr. Jerome Selby, and Ms. Pat Branson for terms ending December, 2020.
Per the contract provision cited above, the Assembly is given the opportunity to comment before
the appointments to the advisory board are made.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Crow,
Kavanaugh, and Schroeder.
3. Confirmation Of The Assembly Appointment To The Mission Lake "Tidegate" Service
Area Board (Mr. Randal Ensign).
CROW moved to confirm the Assembly appointment of Mr. Randal Ensign to the Mission Lake
"Tidegate" Service Area Board seat for a term to expire December 2019.
On January 9, 2018, the Clerk's Office received an application from Mr. Randal Ensign to the
Mission Lake "Tidegate" Service Area Board which currently has one vacant seat for a term to
expire on December 2019. This seat was vacated last year due to a change of residence of the
previous member.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Smiley,
Crow, and Kavanaugh.
CITIZENS' COMMENTS
Jerrol Friend and Brenda Friend thanked the Assembly for their consideration of the local
option for Contract No. FY2018-23.
Judi Kidder thanked the Assembly on their deliberation on the local preference and for the
other items on the agenda.
Betty McTavish spoke about the E911 surcharges and asked the Assembly for the figures.
She also encouraged staff to find remedy for the ustream video.
Bob Bowe thanked the assembly for their decisions and spoke about the conflict of interest.
Jeff Stewart spoke about Contract No. FY2018-23.
Karen Barker spoke in opposition to the Mill Rate increase for the School District.
ASSEMBLY MEMBERS' COMMENTS
Assembly member Crow asked staff to look into finding ways of shortening the packets by
exploring creative ways of providing backup historical information.
Assembly member Kavanaugh thanked the public for testifying and invited people to attend
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the budget work session this Saturday.
Assembly member Skinner spoke about having some concise information in the packet and a
separate back up info. She thanked Judi Kidder for putting together the Poll about mill rate
increase.
Assembly member Smiley spoke about the tsunami alert and the involvement of the school
district with the evacuation. He thanked Pam Foreman from KMXT for her coverage during
the tsunami alert.
Assembly member Schroeder thanked the chief for the update. He expressed his concern
about declining population and education enrolment. He also commented regarding the poll
that Judi Kidder put out to the public about the mill rate increase for the school district.
Announcements
The Assembly will hold a special budget work session on Saturday, February 03, 2018. The
Assembly work session is scheduled on Thursday, February 08, 2018 at 6:30 p.m. in the
School District Conference Room. The next regular meeting is scheduled on Thursday,
February 15, 2018 at 6:30 p.m. in the Borough Assembly Chambers.
SKINNER moved to extend the meeting to 11 p.m.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
EXECUTIVE SESSION
1. Litigation Tactics And Strategies Regarding Kodiak High School Claims: Watterson
Construction VS. Kodiak Island Borough.
SKINNER moved to convene into executive session to discuss litigation tactics and strategies
regarding Kodiak High School construction claims: Watterson Construction v. Kodiak Island
Borough, a subject matter involving pending litigation to which the borough is a party and
confidential attorney-client communications made for the purpose of facilitating the rendition of
professional legal services to the borough
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner,
Smiley, and Crow.
SKINNER moved to invite the Borough Mayor, Assembly members, Manager, Borough
Attorneys, and Clerk into executive session.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
Mayor Rohrer recessed the meeting at 9:45 p.m. Mayor Rohrer reconvened the regular meeting
and was reconvened at 10:50 p.m. and announced that instructions were given to the borough
attorney on how to proceed.
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ADJOURNMENT
SKINNER moved to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
The meeting was adjourned at 10:53 p.m.
ATTEST:
Nova M. Javier, MMC, Boro gh Clerk
Kodiak Island Borough
February 1, 2018
KODIAK ISLAND BOROUGH
zo��!G%% v
Daniel A. Rohrer, Mayor
Approved on: March 22, 2018
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