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2009-03-19 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting March 19, 2009 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, March 19, 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, Judy Fulp, Sue Jeffrey, Dave Kaplan, and Chris Lynch. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Engineering and Facilities Director Woody Koning, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. Assembly members Branson, Friend, and Stutes were absent. KAPLAN moved to excuse Assembly members Branson, Friend, and Stutes who were absent due to personal leave. Assembly member Branson later joined the meeting at 7:50 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA FULP moved to approve the agenda and consent agenda as submitted. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, and Lynch. APPROVAL OF MINUTES A. Regular meeting minutes of February 19, 2009 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented the Kodiak Beautification Award for an Individual to Joey Mendoza, a Residence Award to Nora and Godofredo Agmata, and a Business Award to Jack and Judy Johnson, Owners of the Kodiak Harbor Convention Center. The Johnsons were not present and the award was to be presented again at the next meeting. CITIZENS' COMMENTS — None. COMMITTEE REPORTS Assembly member Kaplan reported that the Parks and Recreation Committee met March 10, 2009 to discuss the Trails RFP. The Committee was going through the rating process and would be submitting their recommendation to the Planning and Zoning Commission. The awarding of the contract will be submitted to the Assembly for approval. Assembly member Lynch reported that the Solid Waste Advisory Board (SWAB) held a work session and were reviewing the public comments being submitted in reference to the draft Solid Waste Collections Services RFP. Assembly member Jeffrey reported that the Kodiak Fisheries Advisory Committee would be meeting at the Kodiak College, Wednesday, March 25, 2009 at 9 a.m. Kodiak Island Borough Assembly Minutes March 19, 2009 Page 658 PUBLIC HEARING — None. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Alaska Municipal Bond Bank sold Kodiak Island Borough's bonds at an average interest rate of 2.51 % which saved the Borough approximately $206,541. • FY09 Federal Amicus Appropriations Bill signed by Congress and passed by President Obama included $475,000 for the Womens Bay emergency shelter. • Reminded the public to send comments about the draft Solid Waste RFP to Tracy Mitchell, Environmental Specialist. • Announced that the Mayor and Assembly would be given a tour of the Community Health Center and new Kodiak Pool on Friday, March 27, 2009. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby announced that Kodiak's Annual Community Spring Clean -Up was scheduled on May 2 and encouraged community participation. UNFINISHED BUSINESS — None. NEW BUSINESS Contracts 1. Contract No. FY2009 -14 to Provide for the Removal of Household Hazardous Waste From the Borough in Conjunction with Kodiak Spring Clean -Up Day. KAPLAN moved to authorize the Manager to execute Contract No. FY2009 -14 with Clean Harbors Environmental Services, Inc. for the removal of household hazardous waste from the Borough in conjunction with Kodiak Spring Clean -Up Day in the amount not to exceed $35,339. Proposals were requested for the household hazardous waste collection event conducted during Kodiak's Annual Community Spring Clean -Up. Two responses were received: Clean Harbors Environmental Services, Inc. and PSC Environmental Services LLC (aka Burlington Environmental, LLC). Both organizations had the necessary qualifications to conduct the work. Clean Harbor's costs were slightly higher but it was recommended that the contract be awarded to them because their proposal identified, among other things, a better on -site work plan, record - keeping, administrative duties, and accountability. The requested contract term was a unit price contract for four years with one three -year optional extension. Staff recommended approval of the contract. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Branson, Fulp, Jeffrey, Kaplan, and Lynch. 2. Contract No. FY2009 -15 to Purchase a Dump Truck for Landfill Operations. JEFFREY moved to authorize the Manager to execute Contract No. FY2007 -15 with Husky Trucks International, LLC of Seattle, Washington for the purchase of a 6x4 dump truck for the landfill in the amount not to exceed $109,000. The landfill's budget had $120,000 for the purchase of 6x4 Dump Truck landfill operations. There were two International trucks in use at the landfill; a 1994 and a 2007. International trucks have had good performance and durability with normal expected routine maintenance. The Kodiak Island Borough Assembly Minutes March 19, 2009 Page 659 existing 1994 dump truck was four years past its useful life and fully depreciated. The truck body and engine were in fair condition and it was expected that it could be sold locally with a minimum bid of $6,000. Garbage bales require cover at the end of every working day per ADEC regulations. Due to the volume of garbage it would be extremely difficult to operate with one truck. If only one truck was working, the increase in personnel costs would be approximately $67,740 annually and future maintenance /repair costs would increase in order to keep the 1994 truck in running condition. The purchase of a new truck would have minimal impact to the Enterprise fund because it would be amortized over its useful life which would cost approximately $11,000 per year for ten years. It was recommended that the truck and ten foam filled tires (included in pricing and needed for landfill operations) be purchased from Husky International Trucks, Inc. in Seattle, WA, FOB Kodiak, in the amount not to exceed $109,000. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, and Branson. Resolutions 1. Resolution No. FY2009 -23 Noting the 20 Anniversary of the Exxon Valdez OiI Spill and Supporting the Continued Practice of Accompanying Each Oil Tanker Through Prince William Sound With at Least a Two Vessel Escort. BRANSON moved to adopt Resolution No. FY2009 -23. The Legislature of the State of Alaska submitted House Joint Resolution No. 9 asking for recognition of the 20 Anniversary of the Exxon Valdez OiI Spill and requested support for the continued practice of accompanying each loaded oil tanker (either single or double - hulled) with at least two escort vessels through Prince William Sound. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Branson, and Fulp. Ordinances for Introduction 1. Ordinance FY2009 -01 D Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. BRANSON moved to adopt Ordinance No. FY2009-01D in first reading to advance to public hearing at the next regular meeting of the Assembly. This was a mid -year budget adjustment which included: • The original FY2009 MIS department budget included a position for a LAN Administrator which would be better staffed with a MIS Supervisor. • The original FY2009 MIS department budget included a position for an Operations Supervisor which would be better staffed with a PC Technician 1. • The original FY2009 Community Development Department budget included a position for a Draftsman/Technician position which would be better staffed with a GIS Analyst in the MIS Department. • Hiring of a Resource Manager in the Land Sale Fund. • Property tax collections for the General Fund exceeded its budget by $67,000. • The State temporary fiscal relief payment included $20,200 to be passed onto the Village of Karluk. • The Borough would transfer $116,400 to the City of Kodiak for half of the City's cost of an engineering and design contract for Baranof Park Improvement Project Kodiak Island Borough Assembly Minutes March 19, 2009 Page 660 • The Borough would transfer $85,000 to the Hospital Capital Improvements Fund to start conceptual planning and design of a new care center. • Federal payment in lieu of taxes was expected to exceed the budget by $500,000. • The raw fish tax collected by the State and shared with the Borough exceeded its budget by $297,000 • Severance taxes on fish were expected to exceed their budget by $200,000. • The original budget did not include rent on the common areas in the Borough building. • Transferring $218,000 from the General Fund to the Debt Service Fund that was originally budgeted to be paid for by the Facilities Fund. • Expending up to $20,000 to purchase and install a new above ground oil storage tank at the Mental Health Center. • The State had granted the Borough $5,000 to perform planning for safe student access to North Star School through the safe routes to school program. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Branson, Fulp, and Jeffrey. Other Items 1. Adoption of Findings of Fact Affirming the Planning and Zoning Commission's Decision to Affirm the Community Development Department Director's Decision Approving an Abbreviated Plat to Re- Subdivide Lots 12B -1 And 13C -1, Block 1, Miller Point Alaska Subdivision, 2 Addition Creating Lots 12C, 12D, And 13D, Block 1, Miller Point Alaska Subdivision, 2 Addition. The Locations are 4296 and 4304 Cliffside Road and the Zoning is R2 -Two Family Residential (Case 09 -007). The appellants are Solveig Christenson and Randy Schick. JEFFREY moved to adopt the Findings of Fact affirming the Planning and Zoning Commission's decision to affirm the Community Development Department Director's decision approving an abbreviated plat to re- subdivide Lots 12B -1 And 13C -1, Block 1, Miller Point Alaska Subdivision, 2" Addition creating Lots 12C, 12D, And 13D, Block 1, Miller Point Alaska Subdivision, 2nd Addition. The locations are 4296 and 4304 Cliffside Road and the zoning is R2 -Two Family Residential (Case 09 -007). The appellants are Solveig Christenson and Randy Schick. • Based on a review of the whole appeal record, there was substantial evidence to affirm the Community Development Director's decision in this case which was previously affirmed by the Planning and Zoning Commission. • None of the Commission's findings of fact were in dispute. • The public hearing before the Assembly including testimony by Borough Staff, the appellant, the applicant, and supporters of both sides did not reveal new information or any cause to counter the substantial evidence the Commission relied upon when adopting its findings. • The Assembly therefore affirmed in whole the action of the Commission (to affirm the decision of the Community Development Director) and incorporate its findings of fact into the Assembly's findings on the case. Assembly member Fulp voiced her concern about the KIB codes being outdated. Community Development Director Cassidy reported that efforts to update codes, specifically the appeal section of Titles 16 and 17, were being pursued. Assembly members Jeffrey and Kaplan agreed with the Findings of Fact and felt that the Assembly upheld the code. Kodiak Island Borough Assembly Minutes March 19, 2009 Page 661 ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Lynch, Branson, Jeffrey, and Kaplan (Ayes); Fulp (No). 2. Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council. This item was approved on the consent agenda. Mr. Iver Malutin's term on the Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) was expiring May 2009. Mr. Malutin indicated with the Clerk's office that he was interested in continuing to serve on the board for a two -year term. 3. Confirmation of the Assembly Appointment to the Board of Equalization. This item was approved on the consent agenda. Ms. Cheryl Boehland was the alternate for the Board of Equalization. On February 27, 2009 she submitted her application for the vacant seat for a term to expire December 31, 2009. 4. Declaring a Seat on the Board of Equalization Vacant. This item was approved on the consent agenda. Ms. Cheryl Boehland formerly held the alternate seat on the Board of Equalization. With Ms. Boehland's appointment to the regular board seat, the alternate seat needed to be declared vacant. The term for the alternate seat was to expire December 31, 2010. 5. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission. JEFFREY moved to confirm the Mayoral appointment of Mr. Jascha Zbitnoff to the Planning and Zoning Commission. There was one vacancy on the Planning and Zoning Commission. It was a Borough seat to expire 2011. Applications were received from Samuel Rohrer, Ed Mahoney, Dennis Symmons, and Jascha Zbitnoff. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Fulp, Jeffrey, Kaplan, and Lynch. CITIZENS' COMMENTS — None. ASSEMBLY MEMBER COMMENTS Assembly members Lynch, Kaplan, Jeffrey, and Fulp congratulated the Beautification Award recipients. Assembly member Jeffrey congratulated Jasha Zbitnoff for his appointment to the Planning and Zoning Commission. Assembly member Branson reported she had returned from transportation meetings in Juneau and had spoke with the Commissioner of DOT and was assured that Mission Road was on their priority list. Assembly member Fulp stated her disappointment in Governor Palin's refusal of the stimulus monies. Kodiak Island Borough Assembly Minutes March 19, 2009 Page 662 Announcements Mayor Selby announced that the Assembly would meet in a work session on Thursday, March 26, 2009 at 7:30 p.m. in the Borough Conference Room and the next regular meeting was scheduled on Thursday, April 2, 2009 at 7:30 p.m. in the Assembly Chambers. He also announced that the Borough offices would be closed on Monday, March 30, 2009 in observance of Seward's Day. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, and Branson, The meeting adjourned at 10:31 p.m. ATTEST: Nova M. Javier, C N KODIAK ISLAND BOROUGH Borough Clerk Approved: May 7, 2009 Kodiak Island Borough Assembly Minutes March 19, 2009 Page 663