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2009-01-22 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting January 22, 2009 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, January 22, 2009 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. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda as submitted. VOICE VOTE ON MAIN MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES — None. AWARDS AND PRESENTATIONS Mayor Selby presented the Student of the Month Award for January to Madison Strong, a senior at the Port Lions School. Manager Gifford announced that the Employee of the Quarter award was postponed to the February 19, 2009 regular meeting. CITIZENS' COMMENTS Marion Owen, Solid Waste Advisory Board, member gave an update on the efforts of the Board's Outreach /Education Committee which included coming up with a Recycling Program logo, "Reduce, Reuse, Recycle ". Teri Storch thanked the Assembly for its support of the community and asked that the Assembly consider making adjustments to the Mobile Home Code for recreational (motor home) vehicles in Kodiak by making them more lenient. This will support the Pacific Northwest States' "RVs for the Homeless" program addressing homelessness. Mel Stephens urged the Assembly to amend Resolution No. FY2009 -17 by removing the Near Island Research and Administration Facility project from the list. COMMITTEE REPORTS Valerie Palmer, U.S. Army Corp of Engineers Environmental Engineer provided the Assembly with an update of the Corp's accomplishments for the past year. Assembly member Friend reported that the Architectural Review Board would hold a meeting on Wednesday, January 28 to review the Bayside Addition 95% drawings. Assembly member Kaplan reported that the School District Board met on January 17 and 24, 2009 to review the School District budget. Kodiak Island Borough Assembly Minutes January 22, 2009 Page 628 Assembly member Fulp reported that there was discussion at the Kodiak College Council meeting on the Smart Start program which gets students up to speed academically so that they can continue their education. Assembly member Branson reported on the Providence Island Service Area Community Board meeting. Kodiak Area Native Association has agreed to support the new long -term Care Center by contributing $50,000 to assist with housing seniors of the community. The two groups will meet monthly to review funding options. Assembly member Jeffrey announced that the Kodiak Fisheries Advisory Committee would be meeting Monday, January 26 at 9 a.m. at the Kodiak College and invited the public to attend. PUBLIC HEARING — None. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • The Borough received a bond rating of A- from Fitch Ratings. The rating reflects stable revenues and economic resilience for the Borough. The Borough was working with its financial advisor to look at refinancing the 1998 bonds. • The landfill received its Alaska Department of Environmental Conservation (ADEC) evaluation and was given a grade of 84.6% for the reduction of the amount of litter, management of the metal area, and work on the leachate seep area. The landfill staff and Engineering /Facilities department was commended for its hard work. • He would be attending the Annual SWAMC Conference in Anchorage, January 28 -29. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby: • Would be attending the AML Winter Legislative meeting in Juneau, January 28 -29. • Commended Manager Gifford and Finance Director Short for the good bond rating the Borough received. He also commended Manager Gifford, Engineering /Facilities Director Koning, Environmental Specialist Tracy Mitchell, and the landfill staff for the good rating by ADEC. UNFINISHED BUSINESS - None. NEW BUSINESS Contracts 1. Contract No. FY2009 -11 Collective Bargaining Agreement With the International Brotherhood of Electrical Workers Local 1547. BRANSON moved to authorize the Manager to execute Contract No. FY2009 -11 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, 2009. During the months of October, November, and December 2008, the Kodiak Island Borough management team met with the International Brotherhood of Electrical Workers Local Union 1547 negotiating team to discuss the terms of the IBEW contract which expired December 31, 2008. The new terms and conditions were negotiated before the end of December 31, 2008 and Kodiak Island Borough Assembly Minutes January 22, 2009 Page 629 were required to be ratified by the Union members and approved by the Assembly. The Union members ratified the new contract on January 6, 2009. In addition to changing the term of the original contract from January 1, 2009 through December 31, 2011, it was agreed to give a five percent cost of living allowance (COLA) to employees, effective January 1, 2009. Also, effective January 1, 2010, an adjustment of the salary schedule by an increase of 75% of the Anchorage CPI -U, as measured from July 1, 2008 to June 30, 2009 with a minimum COLA of 0.5% and a maximum COLA of 4 %; and effective January 1, 2011, again an adjustment of the salary schedule by an increase of 75% of the Anchorage CPI - U, as measured from July 1, 2009 to June 30, 2010 with a minimum COLA of 0.5% and a maximum COLA of 4 %. There was the possibility of a wage reopener prior to the third year of the contract, if necessary. Additional items negotiated and agreed upon were outlined. Mayor Selby thanked the Manager for working towards an agreement for a reasonable contract. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. 2. Contract No. FY2009 -12 Upgrade of KIB Public Safety Radio Systems with Aksala Electronics, Inc. FRIEND moved to authorize the Manager to execute Contract No. FY2009 -12 with Aksala Electronics, Inc. for the upgrade of Kodiak Island Borough Public Safety radio systems for an amount not to exceed $70,320. The Kodiak Island Borough was awarded the 2007 Public Safety Interoperable Communications Grant 2007 -GS -H7 -0025 from the Alaska Division of Homeland Security and Emergency Management. The grant would be used to upgrade current radios and purchase new radios where needed to upgrade the systems used by the Women's Bay Fire Station, Bayside Fire Station, Chiniak EMS First Responders, Providence Kodiak Island Medical Center, Kodiak Island Search and Rescue, Kodiak Island Borough Landfill, and Kodiak Amateur Radio Emergency Services. The project would upgrade all radios to an AES encryption system so that they were compatible with the City and new Coast Guard Radio systems. During the programming upgrade all old legacy radios would be replaced with new P25 digital radios to meet current national standards for public safety radios. The contract would be a sole source contract with Aksala Electronics to upgrade KIB Public Safety radio systems. Sole source approval was requested because Aksala Electronics was the original vendor for the radio equipment to be upgraded. Aksala Electronics retained necessary programming and frequency information in their data banks for all radios, was the only authorized Icom Radio dealer and maintenance facility in Kodiak and had been the Borough's communications vendor for all past projects, familiar with the needs and equipment of the Borough. Going out to bid and awarding to another vendor would incur additional costs for travel, hotels, per diem, programming, and frequency coordination. The grant award was based on estimates provided by Aksala for the project, which were the best prices available for the scope of work. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. Kodiak Island Borough Assembly Minutes January 22, 2009 Page 630 Resolutions 1. Resolution No. FY2009 -17 Adopting a Federal Capital Improvement Projects Priority List for the Fiscal Years 2009 -2013. JEFFREY moved to adopt Resolution No. FY2009 -17. The resolution designated the Borough's top six federal legislative capital improvement project priorities for fiscal years 2009 -2013. These were projects that the Borough forwarded to Kodiak Island Borough's congressional delegation in hopes of having the federal government provide part or all of the funding needed to complete the projects. Four of the projects were submitted for possible inclusion in a stimulus bill that Congress was proposing. Manager Gifford explained the process for submitting the projects to various agencies for funding. He clarified that other than staff time the Near Island Research Facility was being funded through the State. The proposal of the building would allow for forward movement to lease the building to potential agencies. Although initially proposed as the new Alaska Department of Fish and Game building, NOAA and the University of Alaska were also interested in leasing parts of the proposed Near Island Research Facility. Assembly members spoke in support of the proposed Near Island Research Facility, stating that it was important to think of the future of the community by building a facility that would be adaptable for various agencies to be housed for multiple uses. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. 2. Resolution No. FY2009 -18 Adopting the Kodiak Island Borough Strategic Plan for the Years 2009 -2013. BRANSON moved to adopt Resolution No. FY2009 -18. The Assembly held a strategic planning session January 10, 2009 and the session culminated in the preparation of Resolution No. FY2009 -18 which outlined the Borough's mission and guiding principles. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. Ordinances for Introduction 1. Ordinance No. FY2009 -14 Amending Kodiak Island Borough Code of Ordinances, Title 3 Revenue and Finance Chapter 3.10 Public Finance — Management and Accounting by Repealing Section 3.10.130 Education Fund. JEFFREY moved to adopt Ordinance No. FY2009 -14 in first reading to advance to public hearing at the next regular meeting'of the Assembly. Ordinance No. 96 -14 was adopted in October 1996 establishing an Education Fund for all education programs in the Kodiak Island Borough. The thought was that these monies would provide revenue for future education programs' operating expenses. Based on actual settlement funds of approximately $1 million with a possibility of another $1 million of interest if additional litigation were successful, it was recommended that this section of Kodiak Island Borough Assembly Minutes January 22, 2009 Page 631 the code be removed and repealed. Administering /maintaining a fund and dividing up the relatively insignificant earnings each year would be non - productive. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. Other Items 1. Mayoral Appointment to Parks and Recreation Committee. FRIEND moved to confirm the Mayoral appointment of Mr. Rick Lindholm to the Parks and Recreation Committee for a term to expire December 31, 2011. There was one vacant seat on the Parks and Recreation Committee which expired December 2008. Mr. Rick Lindholm was confirmed to the seat in October 2008. On December 15, 2008, Mr. Lindholm resubmitted his application for the seat term to expire in 2011. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. 2. Declaring a Seat on the Service Area No. 1 Board Vacant. This item was approved on the consent agenda. During the 2008 elections Mr. Scott Arndt received write -in votes for one of three vacant seats on the Service Area No. 1 Board. Mr. Arndt accepted the vacant seat for a term to expire 2011. The seat he originally held was due to expire 2010 and needed to be declared vacant so that proper advertisement could occur. Mr. Arndt's letter of resignation for his original seat was provided. 3. Appointment to the Service Area No. 1 Board. FRIEND moved to confirm the Assembly appointment of Mr. Alan Torres to the Service Area No. 1 Board for a term to expire October 2009. The Service Area No. 1 Board met on December 9, 2008 to review applications received for the vacant seat term to expire 2009. Mr. Alan Torres submitted his application to the Service Area No. 1 Board on July 23, 2008 and was the sole applicant. The Board recommended the appointment of Mr. Torres to the vacant seat for a term to expire October 2009. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. 4. Resignation of Planning and Zoning Commission Members. This item was approved on the consent agenda. Ms. Erin Harrington and Mr. Jim Purdy submitted letters of resignation on January 2, 2009. The resignations of Ms. Harrington and Mr. Purdy for terms to expire December 31, 2011 from the Planning and Zoning Commission were accepted by the Assembly and Clerk Javier was directed to advertise the vacancies per Borough Code. Kodiak Island Borough Assembly Minutes January 22, 2009 Page 632 5. Resignation of Board of Equalization Member. This item was approved on the consent agenda. Mr. Jim Nagan submitted a letter of resignation from the Board of Equalization on January 6, 2009. The resignation of Mr. Nagan for a term to expire December 31, 2009 from the Board of Equalization was accepted by the Assembly and Clerk Javier was directed to advertise the vacancy per Borough Code. 6. Mayoral Appointment to Architectural Review Board. JEFFREY moved to confirm the Mayoral appointment of Mr. Scott Bonney and Mr. Peter Malley to the Architectural Review Board for terms to expire December 31, 2011. There were two vacant seats on the Architectural Review Board which expired December 2008. Applications for the terms to expire in 2011 were received from Mr. Cliff Ford, Mr. Reed Oswalt, Mr. Peter Malley, and Mr. Scott Bonney. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. 7. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications. JEFFREY moved to voice non - protest to the State of Alaska Alcoholic Beverage Control Board (provided below) with the exception of the Kalsin Bay Inn #621 (Beverage Dispensary) and Kalsin Bay Inn #622 (Package Store) applications based on unpaid taxes. The Clerk's office conducted a routine investigation. Trouble reports and unpaid real and personal property tax information compiled during the investigation were provided. LICENSEE LICENSE # DBA LICENSE TYPE Safeway, Inc. #174 Safeway #2522 Package Store BPO Elks Lodge #1772 #254 Tropic Beverage Dispensary BPO Elks Lodge #1772 #364 BPO Elks Lodge #1772 Club Mecca, Inc. #711 Mecca Bar & Restaurant Beverage Dispensary Henry's Great Alaska #1061 Henry's Great Alaska Restaurant Beverage Dispensary Restaurant, Inc. El Chicano, Inc. #3299 El Chicano Mexican Restaurant Beverage Dispensary Eugene's, Inc. #3480 Eugene's Restaurant Beverage Dispensary Kodiak Island Brewing #4259 Kodiak Island Brewing Company Brewery Company, LLC Ocean Enterprise of #4325 Old Power House Restaurant Beverage Dispensary Alaska, Inc. VFW Katmai Post #7056 #1205 V.F.W. Post #7056 Club Alaska Commercial #1796 AC Express /Bells Flats Package Store Company Circle B, LLC #1955 Olds River Inn Beverage Dispensary/ Tourism Seasonal Toni Munsey & Val Flinders #2639 Rendezvous, The Beverage Dispensary Frank Charles Bertrand III #1711 Hopper Valley Roads End Beverage Dispensary/ Seasonal ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. Kodiak Island Borough Assembly Minutes January 22, 2009 Page 633 8. Mayoral Appointment to the Solid Waste Advisory Board. FRIEND moved to confirm the Mayoral appointment of Mr. Nick Szabo to the Solid Waste Advisory Board for a term to expire December 31, 2009. There was one seat on the Solid Waste Advisory Board which was declared vacant on November 6, 2008. Mr. Szabo submitted his application for the term to expire December 31, 2009. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. CITIZENS' COMMENTS - None. ASSEMBLY MEMBER COMMENTS Assembly member Lynch congratulated Madison Strong as student of the month and the landfill staff for the 84.6% ADEC score. She acknowledged the continued improvement in relations with ADEC which was reflected in the evaluations. Assembly member Stutes congratulated Madison Strong and the individuals that were appointed to the various boards and committees. She reported that she had the opportunity to attend the Solid Waste Advisory Board (SWAB) meeting, and felt the members have put in a lot of energy into their endeavors. She stated that SWAB members had indicated to her that they would not be adverse to expanding the board if there was an interest by others in the community. She expressed appreciation for the Mayor's explanation of the lease situation for the proposed ADF &G building, because fishing was the community's main economic basis. She felt the explanation would relieve public concerns about the Borough building a facility without a lease yet in place with the State. Assembly member Kaplan congratulated Madison Strong and was glad to see that the CIP projects were approved and would be moving forward. Assembly member Friend congratulated Madison Strong as student of the month and the landfill staff for its efforts in improving the condition of the landfill. He felt that SWAB's proposed public service announcements were a good idea and reported that Sustainable Kodiak would be holding a forum on Thursday, January 29 at 7 p.m. at the Wildlife Refuge building. Assembly member Jeffrey spoke of the efforts that were put forth at the Strategic Plan work session. She was glad to see forward movement in various areas that were needed throughout the community, such as paving roads and the recycling program. She spoke of the possible Anton Larsen Bay Dock funding which was necessary for the communities and fishing vessels of that area. She noted that she would be attending SWAMC and looked forward to the discussions on the changes of the ecosystem in the Gulf of Alaska and what could be anticipated by such. She congratulated Madison Strong as student of the month for Port Lions. Assembly member Fulp congratulated Madison Strong and reported that basketball regions would be held the first week in March. She thanked those that were responsible for their efforts in keeping the roads and sidewalks clear of snow. She thanked the Manager for successful negotiations for the IBEW contract and thanked the Mayor for his upcoming attendance at the AML meeting and his support on the investment and insurance pools. Kodiak Island Borough Assembly Minutes January 22, 2009 Page 634 Assembly member Branson congratulated Madison Strong and thanked Marion Owen for the update on the efforts of SWAB. She urged the Assembly to follow the Alaska Mental Housing Trust that addresses funding for the homeless, feeling that with the economic situation and the percentage of people that are homeless, it is in the best interests for the safety and welfare of Kodiak's residents. She expressed appreciation for those that have volunteered to serve on the various boards and committees. She spoke of the annual report provided by Bayside Fire Department, thanked the volunteer and City fire fighters for their cooperation in working together and thanked Chief Nimes for his email regarding the fire departments' efforts with community members. Announcements Mayor Selby announced that the Assembly work session scheduled on Thursday, January 29, 2009 and the regular meeting scheduled on Thursday, February 5, 2009 had been cancelled. The Assembly and City Council would meet in a joint work session on Tuesday, February 3, 2009 at 7:30 p.m. in the Borough Assembly Chambers. The Annual Boards, Committees, and Commissions Reception would be held Friday, February 6 from 7 to 9 p.m. at the Kodiak Fisheries Research Center. All board members, committee members, and commissioners and their guests were invited to attend. The next work session was scheduled on Thursday, February 12, 2009 at 7:30 p.m. in the Borough Conference Room and the regular meeting was scheduled on Thursday, February 19, 2009 at 7:30 p.m. in the Borough Assembly Chambers. The Mayor would be traveling to Juneau, January 28 -30 to attend the AML Legislative Meeting. Members of the Assembly were traveling to Anchorage, January 28 -31 to attend the Southwest Alaska Municipal Conference Economic Summit and Membership Meeting. The Mayor and members of the Assembly would be traveling to Juneau to attend the Legislative Reception, Tuesday, February 17. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. The meeting adjourned at 8:50 p.m. KODIAK ISLAND BOROUGH I A EST: A, 111 ova M. Javier, , Borough Clerk Approved: February 19, 2009 Kodiak Island Borough January 22, 2009 Assembly Minutes Page 635