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2007-10-18 Regular MeetingB. Employee of the Quarter C. Longevity Awards CITIZENS' COMMENTS KODIAK ISLAND BOROUGH Regular Assembly Meeting October 18, 2007 A regular meeting of the Kodiak Island Borough Assembly was held October 18, 2007 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 Captain John Quinn of the Salvation Army. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Barbara Williams. Staff members present were Administrative Official Bud Cassidy, E &F Director Woody Koning, Clerk Nova Javier, Deputy Clerk Marylynn McFarland, and Assistant Clerk Jessica Kepley. APPROVAL OF AGENDA BRANSON moved to approve the agenda, seconded by FRIEND. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES — None. AWARDS AND PRESENTATIONS A. Proclamation Mayor Selby proclaimed the Month of October 2007 as Domestic Violence Awareness Month urging all citizens to actively support and participate in the ongoing programs designed to reduce and eventually eliminate violence as a social problem. Flossie Spencer, Outreach Coordinator with the Kodiak Womens Resource Center, accepted the proclamation. Administrative Official Cassidy presented the Employee of the Quarter Award to Zoya Pierson, Local Administrator for the Child Care Assistance Program in the Finance Department. Administrative Official Cassidy presented a Five -Year Longevity Award to Tracy Mitchell, Environmental Specialist in the Engineering and Facilities Department and a Twenty -Year Longevity Award to Martin Lydick, Associate Planner in the Community Development Department. Doug Letch, Kodiak Football League Board member, announced that Jimmy Eggemeyer, a football player with the KHS football team was featured in the Sports Illustrated magazine. He thanked the Assembly for supporting the League. Mayor Selby commended the job that the Kodiak Football League does. Kodiak Island Borough Assembly Minutes October 18, 2007 Page 467 COMMITTEE REPORTS Assembly member Jeffrey reported on the status of the Kodiak Fisheries Advisory Committee (KFAC). With the help of the Borough and the City, the Committee has been successful in convincing others that there is a need to expand the Crab Rationalization program. The Committee is currently looking for participants for the Crab Rationalization Committee. They will be meeting on October 23 to consider recommendations to fill the vacant seats. If chosen, Steve Branson will serve as the representative. The Assembly will receive the recommendations to consider at the October 25 work session. PUBLIC HEARING — None. BOROUGH MANAGER'S REPORT Administrative Official Cassidy reported that: • Manager Gifford will be returning to Kodiak on Monday, October 22. • That the Planning & Zoning Commission approved and will advance the Kodiak Comprehensive Plan for first reading at the next Assembly meeting. The community is commended for its participation. • Four bids for the Kodiak Community Health Clinic project were received. All bids exceeded the architect's estimate. Staff is scheduled to review the bids and forward recommendations to the Assembly at a later date. • CDD staff is in the process of reviewing the zoning compliance for the Salonie Creek Rifle Range. This range is managed by KISA. Part of the compliance is to clearly define the times the range is available for public use. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby gave a report of the Exxon Valdez Trustee Council meeting. Action was not taken on the proposed new Fish and Game building. Additional analysis has been requested to determine the impact on the Kodiak community. UNFINISHED BUSINESS — None. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2008 -14 Household Hazardous Waste Building Project. Administrative Official Cassidy reported that household hazardous waste (paint, batteries, etc.) are processed inside the baler building at the landfill. Due to health and safety concerns both OSHA and AMLJIA have recommended that a storage area outside of the baler building be utilized to process batteries and flammable materials or liquids. This building project will provide such an area as well as a ventilated, covered area for baler staff to process the waste materials. The Borough received four responsive bids for this project: Red Hook Construction, LLC Brechan Enterprises, Inc. Twin Peaks Construction, Inc. $ 64,591 $ 85,187.63 $ 91,198 Kodiak Island Borough Assembly Minutes October 18, 2007 Page 468 Alaska Professional Construction, Inc. $120,000 FRIEND moved to authorize the Manager to execute Contract No. FY2008 -04 with Red Hook Construction, LLC of Kodiak, Alaska in the amount not to exceed $64,591 for the period of October 18, 2007 through June 17, 2008, seconded by BRANSON. Engineering & Facilities Staff looked into 40x40 building as recommended by Assembly member Oswalt at the October 11, 2007 work session and their recommendation to the Assembly to execute the contract with Red Hook Construction stands. Assembly member Lynch declared a conflict of interest. Mayor Selby approved the conflict of interest. Discussion was held on various building options brought forward by Assembly member Oswalt. Assembly members Abell and Jeffrey questioned the cost of the different buildings and whether this was considered by staff. Administrative Official Cassidy said that the buildings that were proposed would cost more than the building EF staff received the bid on. ROLL CALL VOTE ON MOTION CARRIED, FIVE TO ONE: Abell, Branson, Friend, Jeffrey, and Williams (Ayes), Oswalt (No) 2. Contract No. FY2008 -15 Seawater Pump Replacement Project. Administrative Official Cassidy reported that the four seawater pumps currently in service are worn as evidenced by the lower volumes of seawater they are able to produce. Production of adequate volumes of continuous seawater for lab experiments at the Kodiak Fisheries Research Center is a primary commitment made by KIB as landlord to NOAA, the tenant. The facility is nearing ten years old and thus it is time to evaluate systems and equipment to assure continuous functionality for the future. Staff recommends replacement of degraded parts as follows: 1. 2 each Goulds 4 stage Vertical Turbine Pump Assemblies — FOB Kodiak 2. 2 each Engard Coated Steel Discharge Head Assemblies — FOB Kodiak JEFFREY moved to authorize the Manager to execute Contract No. FY2008 -15 with Alaska Pump and Supply, Inc. of Anchorage, Alaska in the amount not to exceed $46,402 for the purchase of two pump assemblies and two discharge heads for the seawater supply system at the Kodiak Fisheries Research Center, seconded by FRIEND. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Williams, and Abell. B. RESOLUTIONS 1. Resolution No. FY2008 -10 Ratifying and Certifying the Results of the Municipal Election held October 2, 2007. Clerk Javier reported that the Canvass Board started meeting Tuesday, October 9, 2007 to finalize the count for the absentee, special needs, and questioned ballots and to canvass the election. The final count was completed on Wednesday, October 10, 2007. Kodiak Island Borough Assembly Minutes October 18, 2007 Page 469 Clerk Javier noted that Dawn Black will assume the duties of the elected seat for the Bay View Road Service Area Board. WILLIAMS moved to adopt Resolution No. FY2008 -10, seconded by FRIEND. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell, and Branson. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2008 -09 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.17 Rules of the Assembly, Section 2.17.020 General Rules to Allow Attendance and Participation at Meetings by Members of the Assembly by Teleconference. WILLIAMS moved to adopt Ordinance No. FY2008 -09 in first reading to advance to public hearing on November 1, 2007, seconded by FRIEND. Administrative Official Cassidy stated this is the same Ordinance that was brought forward last year which was not approved. Assembly member Oswalt requested that the Assembly review the Ordinance again in hopes that it will be approved to allow members to attend meetings when unable to be physically present. Assembly member Branson stated she did not approve of the Ordinance in the present format. She would like to see options determining the number of teleconferences a member can attend, regulations on whether a member must physically attend a work session in order to vote at a regular meeting via teleconference, and clarification on the number of times the Clerk will attempt to connect the member with the Assembly. Assembly member Jeffrey agreed with Assembly member Branson's concerns and would be in favor of reviewing the Ordinance if more definitions were provided. She spoke in favor of teleconferencing the work sessions but not regular meetings because there is no voting or formal action taken at work sessions. She also said she thought teleconferencing the regular meetings would not be properly representing the public. She was in favor of voting the Ordinance forward to public hearing on November 1, 2007. Assembly member Lynch agreed the members should be representing the public and that work sessions were more acceptable for members to attend by teleconference, rather than meetings. She wanted insurance that the capabilities were in place to be able to handle public call -ins along with teleconferencing at the meetings. Assembly member Abell is not in favor of teleconferencing but would vote to forward the Ordinance to a public hearing after the AML conference in November. He was interested in receiving public input on the matter. He also questioned the cost affiliated with teleconferencing. Assembly member Williams asked for a postponement on the motion in order to give more attention to the format of the Ordinance. OSWALT moved to postpone Ordinance No. FY2008 -09 to public hearing on November 15, 2007, seconded by FRIEND. Kodiak Island Borough Assembly Minutes October 18, 2007 Page 470 ROLL CALL VOTE TO POSTPONE THE MOTION CARRIED, SIX TO ONE: Jeffrey, Lynch, Oswalt, Williams, Branson, and Friend (Ayes), Abell (No) D. OTHER ITEMS. 1. Oath of Office to Newly- Elected Officials. Clerk Javier administered the Oath of Office to Newly- Elected Mayor Jerome Selby and Assembly members Pat Branson and Louise Stutes. 2. Presentation to Outgoing Assembly Member. Mayor Selby presented a plaque of appreciation to outgoing Assembly member Barbara Williams. 3. Executive Session - Attorney's Opinion Regarding Assembly Member Attendance. WILLIAMS moved to convene into executive session to discuss Attorney's opinion regarding Assembly Member Attendance which qualifies for executive session under potential or pending litigation and confidential attorney - client communications, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Williams, Abell, Branson, Friend, Jeffrey. Mayor Selby recessed the regular meeting at 8:15 p.m. to convene into executive session. Upon returning from the executive session, Mayor Selby reconvened the regular meeting at 8:50 p.m. and announced that no action was taken as a result of the executive session. 4. Release of a Truncated Version of the Attorney's Opinion Regarding Assembly Member Attendance. FRIEND moved to release a truncated version of the Attorney's opinion regarding Assembly member attendance on Monday, October 22nd by 1:00 p.m., seconded by WILLIAMS. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Williams, Abell, Branson, Friend, Jeffrey, and Lynch. Mayor Selby recessed the regular meeting at 8:50 p.m. and convened the Board of Adjustment. BOARD OF ADJUSTMENT Adoption of Findings of Fact - An Appeal of the Planning and Zoning Commission's Decision on Case No. 08 -003 A Variance, According to KIBC 17.66, to Allow an Existing Cabin to Encroach 15 Feet Into the Required 25 Foot Front Yard Setback and a Variance According to KIBC 17.66, to Allow an Existing Cabin to Encroach 6 Feet Into the Required 25 Foot Side Yard Setback, as Required for Structural Developments Located in the C- Conservation Zoning District (KIBC 17.13) Applicant: Richard Key. Mayor Selby announced that this is the continuation of the October 4, 2007 proceedings of the Board of Adjustment. Kodiak Island Borough Assembly Minutes October 18, 2007 Page 471 WILLIAMS moved to adopt the findings of fact and conclusions supporting the October 4, 2007 Board of Adjustment's decision of reversing in whole the Planning and Zoning Commission's Decision on Case No. 08 -003 A Variance, According to KIBC 17.66, to Allow an Existing Cabin to Encroach 15 Feet Into the Required 25 Foot Front Yard Setback and a Variance According to KIBC 17.66, to Allow an Existing Cabin to Encroach 6 Feet Into the Required 25 Foot Side Yard Setback, as Required for Structural Developments Located in the C- Conservation Zoning District (KIBC 17.13) Applicant: Richard Key, seconded by BRANSON. The findings of fact and conclusions were enumerated. FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The parcel exhibits exceptionally steep physical characteristics that make it difficult to construct a reasonable dwelling anywhere else on the parcel except where the existing structure is located. The steep terrain found at this site differs markedly from other similar parcels in the same land use district. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in the practical difficulty of the property owners having to pursue considerable effort in complying with applicable zoning district development standards. 17.66.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety, and welfare. Granting the variance will not result in material damages or prejudice to other properties in the vicinity, nor be detrimental to the public safety and welfare since Tract B is located in a remote area of the borough with no immediately adjacent small -lot neighbors. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting this variance will be consistent with the objectives of the Comprehensive Plan which identifies this area as C — Conservation, and the existing use is a permitted use in the district. 17.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The applicant purchased this parcel assuming that all issues associated with the cabin's location had been taken care of by the previous owner. It was the applicant who brought in the as -built survey and went through the variance process when it became apparent that the Borough's setback requirements had not been met. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. The granting of this variance will not permit a prohibited land use in this district. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Friend, Jeffrey, Lynch, and Oswalt. Kodiak Island Borough Assembly Minutes October 18, 2007 Page 472 After the vote, Mayor Selby stated that any person aggrieved by a final decision of the Board of Adjustment under this chapter may appeal that decision to the Superior Court within thirty (30) days of the decision. An appeal to Superior Court shall be heard solely on the record before the Board of Adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in part six of the Rules of Appellate Procedure of the State of Alaska. The findings of the Board of Adjustment shall not be reversed, if in Tight of the whole record they are supported by substantial evidence. Mayor Selby reconvened the regular meeting at 8:55 p.m. CITIZENS' COMMENTS — None. ASSEMBLY MEMBER COMMENTS Assembly member Lynch congratulated Zoya Pierson as Employee of the Quarter. She thanked Martin Lydick and Tracy Mitchell for their years of service. She congratulated Ms. Williams on her service on the Assembly and welcomed newly elected Assembly member Louise Stutes. She also encouraged Assembly members to review the Comprehensive Plan. Assembly member Oswalt welcomed Ms. Stutes. He encouraged the Assembly to make sure the Borough moves forward with the way technology is moving ahead. Assembly member Jeffrey congratulated Zoya Pierson, Tracy Mitchell and Martin Lydick for -a job well done. She said it had been a pleasure working with Ms. Williams and welcomed Ms. Stutes to the Assembly. She also congratulated the Kodiak Football League and commended Jimmy Eggemeyer. Assembly member Branson congratulated Ms. Williams and thanked her for her service on the Assembly and welcomed Ms. Stutes. She congratulated Zoya Pierson, Tracy Mitchell, and Martin Lydick. She reported that she will be out of town during the next work session on October 25. Assembly member Abell thanked Ms. Williams for her time and welcomed Ms. Stutes. He commended the football team and Scott Wandersee, a diver on the KHS swim team. He thanked Assembly member Jeffrey for the report from KFAC and recommended appointing committee members with no economic interest. He also voiced concern that the CHC project bids exceeded the architect's estimate. Assembly member Friend reported that the P &Z Commission has a vacant seat that should be filled by a City resident of Kodiak. He would like to continue urging the City to fill that seat. He thanked Ms. Williams for her service and welcomed Ms. Stutes. Assembly member Williams thanked Kodiak voters for providing her with the opportunity to serve on the Assembly and offered best wishes to the Assembly in dealing with upcoming issues. Her final comments to the Assembly and the community were that "Kodiak will be what you make it to be "; she encouraged community involvement, and urged citizens to communicate with their elected officials. Announcements — Mayor Selby Kodiak Island Borough Assembly Minutes October 18, 2007 Page 473 The next regular work session of the Assembly is scheduled on Thursday, October 25, 2007 at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, November 1, 2007 at 7:30 p.m. in the Borough Assembly Chambers. Mayor Selby invited the public to join in the celebration for newly sworn in officials and thanking Assembly member Williams for her years of service. ADJOURNMENT WILLIAMS moved to adjourn the meeting, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED, SIX TO ONE: Branson, Friend, Jeffrey, Lynch, Oswalt, and Williams (Ayes), Abell (No) The meeting adjourned at 9:12 p.m. ATTEST: Nova M. Javier, CMC, Boro, gh Clerk KODIAK ISLAND BOROUGH e me M. Selby, Mayor Approved: December 20, 2007 Kodiak Island Borough Assembly Minutes October 18, 2007 Page 474