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2008-10-16 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting October 16, 2008 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, October 16, 2008 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 Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Engineering and Facilities Director Woody Koning, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES — None. AWARDS AND PRESENTATIONS Mayor Selby proclaimed the month of October 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. Beatriz Serrano of the Kodiak Women's Resource Center accepted the proclamation. Manager Gifford presented the Employee of the Quarter Award to Ken Smith, Projects Manager /Inspector in the Engineering /Facilities Department. Manager Gifford presented Ten Year Longevity Awards to Bill Bissett, Maintenance Engineer at KFRC, Debbie Rippey, Appraisal Technician in the Assessing Department, and Dave Weinand, Maintenance Worker in the Engineering and Facilities Department. Fifteen -Year Longevity Award was also presented to Paul VanDyke, LAN Administrator MIS Department, and Twenty - Year Longevity Award to Bob Scholze, Appraiser in the Appraisal Department. A Twenty -Five Year Longevity Award was presented to Karleton Short, Finance Director in the Finance Department. CITIZENS' COMMENTS Mel Stephens thanked Tom Abell and Reed Oswalt for their service on the Assembly and specifically for their vote against Ordinance No. FY2006 -06. COMMITTEE REPORTS — None. PUBLIC HEARING - None. Kodiak Island Borough Assembly Minutes October 16, 2008 Page 596 BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • He attended the International City Managers Association Conference. • The Borough hired Jennifer Vickstrom for the Accounting /Payroll Technician position. • Staff met with the State DOT staff and discussed the Borough and State road projects. • Personnel Advisory Board met Wednesday, October 15, 2008 and discussed the Project Assistant and Project Manager Salary schedules. A new president was elected. Staff is working on job descriptions that will be presented to the Advisory Board. • IBEW union negotiations will begin next week. • He reported that Chief Bob Nimes noted the State Troopers are investigating the vehicle vandalisms in Kodiak. • He provided an updated project status report from Project Manager Ken Smith. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported that: • State Assessors full value determination for Kodiak is $ 1,041, 090,000. • State will fund an Island -Wide Transportation study in the amount of $225,000. • He attended the Western Interstate Board conference of AML directors. PILT will be fully funded for the first time. • NEW BUSINESS Contracts — None. Resolutions A. Resolution No. FY2009 -09 Ratifying and Certifying the Results of the Municipal Election Held October 7, 2008. BRANSON moved to adopt Resolution No. FY2009 -09. The Canvass Board met October 9, 14, and 15 to canvass the 2008 municipal election. Borough Clerk Javier thanked the election workers and congratulated the newly elected officials. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. Ordinances for Introduction A. Ordinance No. FY2009 -07 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.39 Boards and Commissions. JEFFREY moved to adopt Ordinance No. FY2009 -07 in first reading to advance to public hearing on November 6, 2008. Per KIBC 2.39.180 Termination, all boards, committees, and commissions established under this chapter, with the exception of those mandated by state law, shall terminate by operation of law three (3) years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three (3) years. Any newly created board, committee, or commission shall be subject to the provisions of this section. Prior to the termination, continuation, or reestablishment, the clerk shall publish a notice of termination sixty (60) days prior to the termination, and the assembly shall hold a public hearing, receiving testimony from the general public and members of the board, committee, or commission. In said Kodiak Island Borough Assembly Minutes October 16, 2008 Page 597 F hearing, the board, committee, or commission shall have the burden of demonstrating a public need for its continued existence. A determination as to whether a board, committee, or commission has demonstrated a public need for its continued existence shall take into consideration the following factors: 1. the extent to which a board, committee, commission or program has operated in the public interest; 2. the extent to which a board, committee, or commission has recommendations which are generally of benefit to the public interest; 3. the extent to which a board, committee, or commission has encouraged interested persons to report to it concerning the effect of its decisions on the effectiveness of service, and availability of service which it has provided; 4. the extent to which the board, committee, or commission has encouraged public participation in the making of its decisions; and 5. the efficiency with which public inquiries or complaints regarding the activities of the board, committee, commission or agency filed with it, with the department to which a board, committee, or commission is administratively assigned, have been processed and resolved. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. B. Ordinance No. FY2009 -08 Rezoning USS 4872, Larsen Bay Townsite, Tract A, Block 16, Lot 12 From R1- Single Family Residential To B- Business Zoning District. FRIEND moved to adopt Ordinance No. FY2009 -08 to advance to public hearing on November 6, 2008. The Community Development Department received this case in 2008. It was combined with a number of other Larsen Bay Community cases that were taken into consideration when the Planning and Zoning Commission traveled to the community of Larsen Bay in May of 2008 and again last month to hold public hearings on this request for a rezone from R -1 Single Family Residential zoning district to the B- Business zoning district. After the September 20, 2008 public meeting and after receiving community public testimony, the Planning and Zoning Commission is forwarding this case to the Borough Assembly recommending a rezone of this parcel from R1- Single Family Residential to B- business consistent with the newly adopted Comprehensive plan. The "findings of fact" supporting the Commission's decision has been incorporated in this packet. In addition, materials reviewed by the Commission are also included for Assembly consideration. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. C. Ordinance No. FY2009 -09 USS 4872, Rezoning Larsen Bay Townsite, Tract A, Block 1, Lots 1 And 3 From R1- Single Family Residential To B- Business District. STUTES moved to adopt Ordinance No. FY2009 -09 to advance to public hearing on November 6, 2008. Kodiak Island Borough Assembly Minutes October 16, 2008 Page 598 The Community Development Department received this rezone case in 2003. It was tabled by the Planning and Zoning Commission until after the completion of the Borough's Comprehensive Plan. Upon completion of this planning effort, the Planning and Zoning Commission has traveled to the community of Larsen Bay in May of 2008 and again last month to hold public hearings on this request. These parcels have been operated as the Larsen Bay Lodge in one form or another for an extended period of time. After the September 20, 2008 public meeting and after receiving significant community public testimony, the Planning and Zoning Commission forwarded this case to the Borough Assembly with the recommendation to approve this request for rezoning. Assembly discussion. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, Branson and Friend. Other Items A. Accepting the 2007 Public Safety Interoperable Communications Grant, 2007 -GS -H7 -0025, State Grant No. 07PSIC- GR34037 and Authorizing the Manager to Enter Into an Agreement with the Alaska Division of Homeland Security and Emergency Management. JEFFREY moved to adopt Ordinance No. FY2009 -09. The purpose of this action is to accept the 2007 Public Safety Interoperable Communications Grant, 2007 -GS -H7 -0025, State Grant No. 07PSIC- GR34037, in the amount of $70,230.00 from the Alaska Division of Homeland Security and Emergency Management which will be used to upgrade current radios and purchase new radios where needed to upgrade the systems at the Bayside Fire Station, Women's Bay Fire Station, Providence Kodiak Island Medical Center, and Chiniak EMS First Responders. This project will upgrade all radios to an AES encryption system so that they are compatible with the Kodiak City and new Coast Guard Radio systems. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, Friend, and Jeffrey. B. Assembly Appointment of Veralyn "Lynn" Bash to the Personnel Advisory Board. This item was approved under consent agenda. C. Mayoral Appointment of Mr. Rick Lindholm to the Parks and Recreation Committee. This item was approved under consent agenda. D. Oath of Newly- Elected Officials. Borough Clerk Javier administered the Oath of Office to Newly- Elected Assembly members Judy Fulp, Sue Jeffrey, and Dave Kaplan. E. Presentation to Outgoing Assembly Members. Mayor Selby presented plaques of appreciation to outgoing Assembly members Abell and Oswalt. CITIZENS' COMMENTS None. Kodiak Island Borough Assembly Minutes October 16, 2008 Page 599 ASSEMBLY MEMBER COMMENTS Assembly member Stutes congratulated the new Assembly members and thanked outgoing members. She congratulated the Employee of the Quarter and Longevity Awards recipients. Manager Gifford, in response to Assembly member Stutes inquiry, noted that Mission Road's contract will be awarded and the road will be roughed up for the winter in preparation of the next year's upcoming construction season. Assembly member Friend congratulated the new Assembly members and thanked outgoing members for their service. He also congratulated the employees for receiving the awards. Assembly member Abell encouraged others to participate in their local government. Assembly member Branson congratulated the employees for the awards. She thanked outgoing Assembly members for their service. She was glad to hear that PILT will be fully funded. She looked forward in working with the new Assembly members. Assembly member Jeffrey congratulated the employees. She also thanked Assembly members Abell and Oswalt for their service and looked forward to the future endeavors with the incoming Assembly members. Announcements Mayor Selby announced that community members who will be away from home during the General Election, may vote an absentee ballot in person starting in the Borough Clerk's Office. The Assembly will hold a special work session on Thursday, October 23, 2008 at 7:30 p.m. in the Borough Conference Room and the next regular Assembly work session will be held on Thursday, October 30, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, November 6, 2008 at 7:30 p.m. in the Borough Assembly Chambers. There will be a Joint Assembly /Council work session on Tuesday, October 28, 2008 at 7:30 p.m. in the Assembly Chambers. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Friend, Jeffrey, and Lynch. The meeting adjourned at 8:25 p.m. ATTEST: r'I fr iqj (1/ Nova "M. Javier, CM Borough Clerk Kodiak Island Borough KODIAK ISLAND BOROUGH Approved: November 6, 2008 Assembly Minutes October 16, 2008 Page 600