2009-05-07 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
May 7, 2009
A regular meeting of the Kodiak Island Borough Assembly was held Thursday, May 7, 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, Community Development Director Bud Cassidy, Clerk Nova Javier, and
Assistant Clerk Jessica Kilborn.
APPROVAL OF AGENDA AND CONSENT AGENDA
BRANSON moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
A. Regular Meeting Minutes of March 19 and April 2, 2009 were approved under the consent
agenda.
AWARDS AND PRESENTATIONS
Mayor Selby presented the May 2009 Student of the Month Award to Tuck Van Matre, a senior
at Kodiak High School.
Manager Gifford presented the Employee of the Quarter Award for the first quarter of 2009 to Eli
Deardurff, Accounting Technician /Payroll in the Finance Department.
Manager Gifford presented ten -year Longevity Awards to Jeff Johnson, Baler Operator I I for the
Landfill and Marylynn McFarland, Deputy Clerk in the Clerk's office.
Mayor Selby proclaimed the week of May 17 through May 23, 2009 as Emergency Medical
Services Week with the theme "EMS: A Proud Partner in Your Community" and encouraged the
community to observe this week with appropriate programs, ceremonies, and activities.
Mayor Selby proclaimed the week of May 3 through May 9, 2009 as Municipal Clerk's Week and
extended appreciation to municipal clerks for the vital services they perform.
Mayor Selby proclaimed the month of May 2009 as Honoring Older Americans Month in Alaska,
urging all citizens to honor older adults and those who care for them.
Mayor Selby proclaimed the week of May 16 through May 22, 2009 as Safe Boating Week in
support of the North American Safe Boating Campaign promoting safe boating and urged all
those who boat to practice safe boating habits.
Kodiak Island Borough Assembly Minutes
May 7, 2009 Page 671
Mayor Selby proclaimed May 1, 2009 "Silver Star Banner Day", the permanent and official day
to honor the wounded and ID soldiers of the Kodiak Island Borough and honoring the Silver Star
Families of America's commitment to wounded members of the Armed Forces.
CITIZENS' COMMENTS
Janet Buckingham, Kodiak Island Convention and Visitor's Bureau Director, provided a quarterly
report.
Tom Abell spoke in support of Item No. 13.D.6 Approval of the Vacation of a 20 -Foot Utility
Easement.
Mike Martin, Brechan Enterprises, Inc. spoke on the issue of a delayed long -term gravel lease
for asphalt extraction. Manager Gifford was asked to meet with Mr. Martin regarding the issue.
COMMITTEE REPORTS
Assembly member Kaplan gave an update on the Parks and Recreation Committee and the
proposals that were received for the Trails Master Plan.
Assembly member Fulp gave an update on the Kodiak College Council.
Assembly member Friend provided an update on the actions of the Architectural Review Board.
95% drawings were approved for the Old Harbor Voc -Ed Remodel project.
Assembly member Stutes reported that a Southwest Alaska Municipal Conference (SWAMC)
meeting was scheduled for May 8, 2009.
Assembly member Jeffrey gave an update on the Kodiak Fisheries Advisory Council. The next
meeting was scheduled on May 15, 2009 at 9 a.m. at the Kodiak College.
PUBLIC HEARING
A. Ordinance No. FY2009 -19 Amending the Kodiak Island Borough Code of Ordinances Title 7
Elections.
BRANSON moved to adopt Ordinance No. FY2009 -19.
The ordinance was requested by the Assembly to make changes to the Election Code of the
Kodiak Island Borough to bring it into compliance with existing laws. The Assembly met on
Thursday, March 26, 2009 and reviewed the code revisions in the ordinance. The ordinance
was also reviewed by the Borough Attorney for compliance.
After public hearing and adoption, the ordinance would be sent to the Department of Justice
(DOJ). Upon approval by DOJ, changes would be implemented for the 2009 local Municipal
Election.
Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the
public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey,
Kaplan, Lynch, and Stutes.
Kodiak Island Borough Assembly Minutes
May 7, 2009 Page 672
BOROUGH MANAGER'S REPORT
Manager Gifford reported the following:
• There was continued monitoring of the pandemic (swine) flu. A report issued determined
no confirmed cases within the state of Alaska.
• Received a news release from Alaska Municipal League (AML) Investment Pool in which
the Borough invests approximately $32 million. The AML Investment Pool received a top
rating of AAAM for its principal stability and government investment pools. The Pool is
used for investing in short-term funds.
• Fire Protection Area No. 1 Board would hold a ground breaking ceremony for the
Bayside Fire Station Addition on Monday, May 11, 2009 at 7 p.m. In celebration of the
Emergency Medical Services week, the City of Kodiak, U.S. Coast Guard, Bayside, and
Womens Bay Fire Stations would have a booth available at the upcoming Crab Festival,
May 21 -25.
• The annual Spring Clean -up and Household Hazardous Waste programs were
successful. The amounts of wastes collected were significant compared to the previous
year. The junk car removal program was also successful.
• Information on the Legislative report from Borough Lobbyist Mark Hickey was provided.
• An update on construction projects: The New Kodiak Pool project was 75% complete
with final completion scheduled in August 2009. Seismic upgrade projects for schools
were to begin during the summer. The Community Health Clinic project was 85%
complete, with completion scheduled in June 2009. The Bayside Fire Station Addition
project would start mid -May, with completion scheduled in October 2009. Old Harbor
Gym Renovation 95% drawings were approved.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Selby thanked the community for its participation and effort in the Spring Clean -up
program.
UNFINISHED BUSINESS — None.
NEW BUSINESS
Contracts
1. Contract No. FY2009 -17 with Wolverine Construction for the East Elementary Heating and
Ventilation Upgrades and Window Replacement.
FRIEND moved to authorize the Manager to execute Contract No. FY2009 -17 with Wolverine
Construction of Wasilla, Alaska for the East Elementary Heating and Ventilation Upgrades and
Window Replacement in an Amount Not to Exceed $543,123.
The contract was for the heating, ventilation, and seismic upgrades of the windows in the oldest
wing of East Elementary school as shown on construction documents prepared by Jensen
Yorba Lott, Inc. The construction documents, bid documents, and associated addenda were
made available for review. Included was additional work identified as Alternative 1 which
included the replacement of windows and repair of rotted framing located in the newer wing of
the building.
The project was funded in part by a FEMA HMGP Grant in the amount of $138,606 for the
seismic upgrade to the windows and a voter approved bond issue in the amount of $520,000.
Bids were received in response to the Borough's invitation to bid dated March 16, 2009.
Wolverine Construction of Wasilla, AK was the low bidder for the project.
Kodiak Island Borough Assembly Minutes
May 7, 2009 Page 673
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan,
Lynch, Stutes, and Branson.
2. Contract No. FY2009 -18 with Control Contractors, Inc. as a Sole Source Provider /Installer of
Barber - Colman HVAC Controls for the KHS HVAC Upgrades. This item was approved under
the consent agenda.
Bond project 05012, Kodiak High School (KHS) HVAC upgrade included the HVAC controls in
the KHS auditorium and gym. The scope of work included installation of NW8000 DDC controls
with Universal Network Controller for remote web access control and monitoring including
emailing alarms based upon and keeping with the Borough and School District "standard ".
The Barber Colman DDC controls were installed in the Borough school facilities, Kodiak
Fisheries Research Center, and the hospital and continued to be maintained and supported
through a networked control system installed and managed by Control Contractors, Inc. The use
of a sole source preferred product, Barber - Colman Controls, and a sole source contractor,
Control Contractors, Inc. of Anchorage, was in place for many years due to the standardization
of products, installation, maintenance, and support services which allowed for the efficient
handling of the facilities' integrated mechanical control systems.
The Department of Early Education and Development (DEED) approved the use of a sole
source contractor /product for these bond projects. A scope of work and quotation of $232,500
was received from Control Contractors, Inc. for the conversion of the existing pneumatic
controls in the mechanical rooms at the KHS and auditorium.
3. Contract No. FY2006 -39C Amending Contract No. FY2006 -39 Solid Waste Collection with
Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste.
JEFFREY moved to authorize the Manager to execute Contract No. FY2006 -39C with Alaska
Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste of Anchorage, AK as a
unit cost contract for the period of July 1, 2009 to June 30, 2010.
The Kodiak Island Borough provides solid waste collection services for residents located on the
road system in Kodiak. A new solid waste collection contract was entered into with Alaska
Pacific Environmental Services Anchorage, LLC dba Alaska Waste on July 1, 2006. The
contract provided for extending the term of the agreement in two one -year increments. This
proposal would extend the contract term to June 30, 2010. Amendment No. 3 of the contract
reflected a negotiation with AK Waste to reduce the Year Two Option by $50,000. The expected
increase would be approximately $410,000.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch,
Stutes, Branson, and Friend.
Resolutions
1. Resolution No. FY2009 -30 Approving the Proposed Additions for Inclusion in the Existing
Payment in Lieu of Tax Agreement (PILT) with the Kodiak Island Housing Authority for
Certain Properties. This item was approved under the consent agenda.
The resolution approved the proposed additions for inclusion in the existing PILT agreement
with the Kodiak Island Housing Authority for certain properties. The proposed additions would
allow for current owners to safely house their expanded families in a healthy environment, and
would therefore increase the value of the properties for the tax roll.
Kodiak Island Borough Assembly Minutes
May 7, 2009 Page 674
The following properties were included in the agreement with KIHA:
Subdivision Lot Block
Karluk 5 1
Old Harbor Townsite 5 9
Akhiok Townsite 6 -E 2
Katmai Hills 4
Port Wakefield 2 3
Ordinances for Introduction
1. Ordinance No. FY2009 -20 Rezoning Lot 7, Block 11, Ouzinkie Townsite Subdivision From
R1- Single Family Residential To B- Business (P&Z Case 09 -014).
JEFFREY moved to adopt Ordinance No. FY2009 -20 in first reading to advance to public
hearing at the next regular Assembly meeting.
The Ouzinkie Native Corporation requested the rezone of Lot 7, Block 11, Ouzinkie Townsite
Subdivision in order to allow for the re- development of the site with newer office and storage
buildings to support the continuation of the uses at this location. The uses and structures were
nonconforming since June 5, 1980, perhaps even going back to 1977 when all land within the
corporate limits of the City of Ouzinkie were zoned R1- Single Family Residential.
After holding a public meeting on March 18, 2009, the Commission unanimously approved
recommending to the Borough Assembly that Lot 7, Block 11 be rezoned from R1- Single - Family
Residential to B- Business.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes,
Branson, Friend, and Fulp.
Other Items
1. State of Alaska Alcoholic Beverage Control Board Application for Restaurant Designation
Permit for the Olds River Inn, 32233 Pasagshak Road, Kodiak, AK 99615 (Licensee: Circle
B, LLC).This item was approved under the consent agenda.
The Olds River Inn filed a restaurant designation application with the Alcoholic Beverage
Control (ABC) Board that would permit persons under sixteen years of age to dine there if
accompanied by anyone twenty -one years of age or older and would authorize each
establishment to employ persons between sixteen and nineteen years of age to serve food and
bus tables. Alaska Administrative Code, Title 13, Chapter 104.725 (e) stipulates that an
application for a new restaurant designation must be approved by the local governing body
having jurisdiction over the area in which the licensed premises exists; therefore, the ABC
Board forwarded the application to the Borough for Assembly approval.
The Assembly approved the State of Alaska Alcoholic Beverage Control Board Application for a
Restaurant Designation Permit for the Olds River Inn, 32233 Pasagshak Road, Kodiak, AK
99615 (Licensee: Circle B, LLC).
Kodiak Island Borough Assembly Minutes
May 7, 2009 Page 675
2. Declaring a Seat on the Monashka Bay Road Service Area Board Vacant. This item was
approved under the consent agenda.
Mr. Jim McCullough submitted a letter of resignation from the Monashka Bay Road Service
Area Board effective April 1, 2009. The Assembly accepted, with regret, the resignation of Mr.
Jim McCullough for a term to expire October 2010 from the Monashka Bay Road Service Area
Board and directed the Borough Clerk to advertise the vacancy per Borough Code.
3. Declaring a Seat on the Planning and Zoning Commission Vacant. This item was approved
under the consent agenda.
Mr. Jascha Zbitnoff submitted a letter of resignation from the Planning and Zoning Commission
effective April 15, 2009. The Assembly accepted, with regret, the resignation of Mr. Jascha
Zbitnoff for a term to expire December 31, 2011 from the Planning and Zoning Commission and
directed the Borough Clerk to advertise the vacancy per Borough Code.
4. Confirmation of the Assembly Appointment to the Service Area No. 1 Board.
KAPLAN moved to confirm the Assembly appointment of Mr. Rick Ryser to the Service Area No.
1 Board for a term to expire October 2010.
The Service Area No. 1 Board met on April 14, 2009 to review applications received for the
vacant seat term to expire 2010. Mr. Rick Ryser submitted his application to the Service Area
No. 1 Board on March 11, 2009 and was the sole applicant. The Board recommended the
appointment of Mr. Ryser to the vacant seat for a term to expire October 2010.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson,
Friend, Fulp, and Jeffrey.
5. Declaring a Seat on the Womens Bay Service Area Board Vacant. This item was approved
under the consent agenda.
Mr. Craig Breitung submitted a letter of resignation from the Womens Bay Service Area Board
effective April 21, 2009. The Assembly accepted, with regret, the resignation of Mr. Craig
Breitung for a term to expire October 2010 from the Womens Bay Service Area Board and
directed the Borough Clerk to advertise the vacancy per Borough Code.
6. Assembly Approval of the Vacation in Accordance With KIBC 16.60.060 of the North 10-
Foot Portion of a 20 -Foot Utility Easement on Lot 21, Block 11, Woodland Acres 7th
Addition.
BRANSON moved to approve the vacation of a 10 -foot portion of a 20 -foot utility easement on
Lot 21, Block 11, Woodland Acres 7th Addition subject to the five conditions of approval.
The petitioner requested the vacation of half of the 20 -foot utility easement due to improvements
(covered deck and banya) constructed within the easement. The petitioner held that the
easement was of no use to the utility companies. The utility companies were contacted and
confirmation was received (by those that responded) that the easement was of no use.
At its April 15, 2009 regular meeting, the Planning and Zoning Commission agreed with the
request and recommended approval of the Assembly based on the following conditions of
approval:
Kodiak Island Borough Assembly Minutes
May 7, 2009 Page 676
a. In accordance with KIBC 16.60.060, a vacation would be forwarded to the Kodiak Island
Borough Assembly.
b. The petitioner would submit an abbreviated plat depicting the approved vacation in order
to complete the easement vacation process.
c. The petitioner would obtain a zoning compliance permit for the attached, enclosed rear
porch prior to final recording.
d. The petitioner would obtain a building permit and a final inspection report for the
attached enclosed rear porch prior to recording.
e. The petitioner would relocate the detached banya to a verifiable legal location prior to
recording.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend,
Fulp, Jeffrey, and Kaplan.
7. Assembly Approval of a Vacation in Accordance With KIBC 16.60.060 to Allow a Reduction
in Width for an Existing 50 -foot "Easement for Salmon Stream" as Depicted on Plat 2006 -13,
Essentially Creating a 50 -foot Buffer Area Along Both Sides of Panamaroff Creek, to be
Reduced in Width to 20 -feet on Both Sides of Panamaroff Creek, a Reduction of 30 -Feet on
Both Sides of the Creek (Lots 1, 2, and 3 of Panamaroff Creek Estates).
STUTES moved to approve a partial vacation of an "easement for salmon stream" up to a
maximum of 15 -feet on Lot 3, Panamaroff Creek Subdivision as depicted on the map approved
by the Planning and Zoning Commission at its April 15, 2009 regular meeting.
At its February 25, 2009 regular meeting, the Planning and Zoning Commission held a public
hearing on the request and postponed action until March 18, 2009. Alaska Department of Fish
and Game (ADF &G) objected to the full extent of the proposed vacation and although the U.S.
Army Corps of Engineers (USACOE) initially supported the proposal, they subsequently
withdrew support for the request in favor of a compromise solution. The case was postponed for
the purpose of obtaining additional information from the ADF &G and the USACOE.
At its March 18, 2009 regular meeting, the Commission re -heard the case. No new information
was available for review at that time and the case was postponed until the April 15, 2009 regular
meeting when a compromise vacation was approved which allowed for a new building footprint
on Lot 3 which would allow a maximum encroachment (vacation) of 15 -feet along the edge of
the new building footprint. The easement compromise was approved by the applicant and the
ADF &G and USACOE agencies in writing.
The Commission did not approve the vacation as originally requested above, but did approve a
portion of the vacation (up to 15 -feet on Lot 3) as depicted on the revised site plan submitted by
the petitioner. In making its decision the Commission deferred to the agencies with the technical
expertise and jurisdiction over wetlands and anadromous stream habitat.
Assembly member Lynch declared a possible conflict of interest as the agent that presented the
case although there was no financial interest in the decision. Mayor Selby ruled there was no
conflict of interest.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp,
Jeffrey, Kaplan, and Lynch.
CITIZENS' COMMENTS - None.
Kodiak Island Borough Assembly Minutes
May 7, 2009 Page 677
ASSEMBLY MEMBER COMMENTS
Assembly member Branson reported she had received a call of interest for research into
increasing the $150,000 property (senior) tax exemption which is a state unfunded mandate.
7:lerk Javier researched the matter and found that the Kenai Peninsula Borough was the only
municipality that had raised the exemption to $300,000 and any change of the exemption would
need to be made by a vote of the people.
Assembly member Fulp expressed appreciation for the Kodiak Chamber of Commerce dinner
held at the Golden Anchor and commended Manager Gifford for staying on top of the Brechan
gravel lease.
Assembly member Jeffrey urged young adults of Kodiak who had an interest in the future of the
community to become involved with service area boards as stepping stones to future local
government opportunities. She spoke on the importance of boating safety classes, especially
during the summer boating activity area -wide. She announced that the Kodiak Maritime
Museum would hold its annual fundraiser on May 9, 2009 at the Harbor Convention Center.
Assembly member Friend spoke on the success of the Alaska Energy Rebate Program; less
than half of the money appropriated for the Kodiak area had been spent to date. He urged
citizens to sign up for the program at www.AHFC.us.
Assembly member Lynch was happy to see that outlying communities, such as the City of
Ouzinkie, were beginning to partake in development projects for their communities.
Assembly member Stutes commented that she would support holding a special meeting to
discuss the Brechan Inc. contract so that it can carry on with its business.
Assembly members congratulated the various award and proclamation recipients, offered
congratulations to the Kodiak High School and Kodiak College 2009 graduates, commended the
community for its participation in the Annual Spring Clean -up program, and expressed support
for a special meeting to address the Brechan gravel lease issue, if needed.
Announcements
Mayor Selby announced the Assembly would meet in a work session on Thursday, May 14,
2009 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled
on Thursday, May 21, 2009 at 7:30 p.m. in the Borough Assembly Chambers.
ADJOURNMENT
BRANSON moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey,
Kaplan, Lynch, and Stutes.
The meeting adjourned at 9:05 p.m.
ATTEST
Nova M. Javier, MC, Borough Clerk
Kodiak Island Borough
May 7, 2009
KODIAK ISLAND BOROUGH
Je'ome M. Selby, Ma
Approved: July 2, 2009
Assembly Minutes
Page 678