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2010-02-18 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting February 18, 2010 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, February 18, 2010, 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, Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda as submitted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Special meeting minutes of December 29, 2009, and regular meeting minutes of January 7 and 21, 2010, were approved under consent agenda. AWARDS AND PRESENTATIONS Manager Gifford presented the Employee of the Quarter award to Jessica Wolfe, Projects Assistant in the Engineering /Facilities Department. Mayor Selby presented the February Student of the Month award to Carolyn Craig, a Senior at Kodiak High School. Mayor Selby proclaimed the month of February 2010 as National Teen Dating Violence Awareness and Prevention Month. CITIZENS' COMMENTS Iver Malutin spoke in support of Resolution No. FY2010 -26. COMMITTEE REPORTS Assembly member Stutes reported on the Providence Kodiak Island Counseling Center survey and Southwest Alaska Municipal Conference (SWAMC) Board meeting held on February 18, 2010. Kodiak Island Borough Assembly Minutes February 18, 2010 Page 763 PUBLIC HEARING A. Contract No. FY2010 -30 Solid Waste Collection Contract. JEFFREY moved to authorize the manager to execute Contract No. FY2010 -30 with Alaska Pacific Environmental Services, LLC of Anchorage, AK for the Solid Waste Collection Services. In May 2009, the KIB issued a request for proposal (RFP) for solid waste and recycling collection services. The RFP was developed based on the Solid Waste Management Plan (SWMP) which was approved by the Assembly on August 21, 2008. Two proposals were received. KIB staff selected the proposal submitted by Alaska Pacific Environmental Services, LLC dba Alaska Waste. Staff determined that the Alaska Waste proposal provided the most responsive approach to reach KIB's solid waste goals as identified in the Solid Waste Management Plan and the KIB Strategic Plan. Alaska Waste committed to adjust their service delivery as needed to accommodate future progressive steps toward KIB's solid waste goals and needs. Staff negotiated the details of the contract with Alaska Waste and recommended approval. Staff recommended that the Solid Waste Collection Contract be postponed to the regular meeting of March 4, 2010, in order to complete necessary information. Mayor Selby opened the public hearing. The following persons spoke under public hearing: Rob Baer, Mel Stephens, Don Lawhead, Chaz Glagolich, Rhonda Maker, Janet Buckingham, Rob Lindsey, Iver Malutin, George Griffing, Mark Majdic, Ron Kavanaugh, Carol Heitman, Mary Forbes, Sid Pruitt, George Reith, Alexus Kwachka, Leonard Roberson, Terri Miller, Bill Feda, Mary Jane Madjic, John McCarthy, Norman MuIlan, Christine Bushell, Scott Arndt, Tom Lance, Andy Lundquist, Rusty Pruitt, Julie Kavanaugh, David Sundberg, Jeff Johnson, Barbara Zimmerman, Geneneiva Pearson, Andy Dano, Joe Black, Kate Ballenger, Lorna -Lee Arndt, Ed Mahoney, Barry Altenhof, and Ben Millstein. Mayor Selby closed the public hearing. There was Assembly discussion addressing the contract at the next work session. BRANSON moved to postpone Contract No. FY2010 -30 Solid Waste Collection Contract to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED SIX TO ONE: Branson, Friend, Jeffrey, Kaplan, Lynch, and Stutes (Ayes); Fulp (No). BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • February 2010 Legislative Lobbyist Report. • Thanked the Bayside Fire Department and Jim Pickett for their efforts with the installation of free smoke detectors in the community. Kodiak Island Borough Assembly Minutes February 18, 2010 Page 764 • Grant application was approved for the construction of an emergency shelter in Womens Bay. • Met with Arne Fuglvog, Senator Lisa Murkowski's aide, and discussed federal legislative issues. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby concurred with Manager Gifford regarding their meeting with Arne Fuglvog. He also mentioned discussions regarding fisheries issues. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2010 -31 Accepting a Grant from Alaska Department of Transportation and Public Facilities to Partially Fund the Island -Wide Transportation Feasibility Study. This item was approved under consent agenda. This grant would provide partial funding to study the feasibility of a local ferry service using smaller vessels than those employed by the Alaska Marine Highway System (AMHS) to connect the outlying communities with the Port of Kodiak. Accepting the terms of the grant would provide funding in the amount of $100,000 of the $225,000 total project cost. A Denali Commission grant in the amount of $125,000 completes the proposed funding budget. Staff forwarded a grant request to Alaska Department of Transportation and Public Facilities (AK DOT /PF) and won approval. Accepting the grant award would provide total funding for this project. Staff recommended acceptance of the grant. Resolutions 1. Resolution No. FY2010 -25 Establishing Citizens Board of Equalization Dates for the Year 2010. BRANSON moved to adopt Resolution No. FY2010 -25. The Board of Equalization hearing of appeals from the 2010 assessed valuations of real and personal property within the Kodiak Island Borough would be held on Monday, May 10 and Tuesday, May 11, 2010, and would continue from day to day, as established by the Board of Equalization and the Borough Clerk, until all properly filed appeals had been heard. The meeting(s) would start at 7:30 p.m. in the Assembly Chambers of the Kodiak Island Borough. The resolution also reflected that taxes were due on October 15, 2010, unless the taxpayer elected to pay the taxes in two equal installments, then the first half was due on August 16, 2010, and the second half was due on November 15, 2010. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. Kodiak Island Borough Assembly Minutes February 18, 2010 Page 765 2. Resolution No. FY2010 -26 Supporting Invasive Species Advisory Council. KAPLAN moved to adopt Resolution No. FY2010 -26, The resolution was requested by the Prince William Sound Regional Citizens Advisory Council (PWSRCAC) seeking support of the formation of a Statewide Invasive Species Advisory Council. The proposed council would work in a collaborative effort to reduce the introduction of new invasive species and manage efforts related to species that had already entered the state. States with invasive species councils were more likely to be successful in securing federal funding and a statewide council coordinating with federal partners would bring success to minimizing the impacts of invasive species in Alaska. The funding spent on a council would pay dividends in the significant amount of money not spent on managing weeds, pests, and aquatic invaders. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. 3. Resolution No. FY2010 -27 Urging the University of Alaska Fairbanks Cooperative Extension Service to Establish a Cooperative Extension Service District Office With a Full Time Extension Agent in Kodiak. JEFFREY moved to adopt Resolution No. FY2010 -27. This resolution was requested by Assembly member Jeffrey urging the University of Alaska Fairbanks Cooperative Extension Service to establish a cooperative extension district office with a full -time extension agent in Kodiak. JEFFREY moved to amend Resolution No. FY2010 -27 to include: "WHEREAS, an extension agent and a Cooperative Service District Office in Kodiak would serve the Kodiak community of 13,500 residents, making Kodiak one of the top ten largest communities in the state." ROLL CALL VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. Ordinances for Introduction None. Kodiak Island Borough Assembly Minutes Page 766 February 18, 2010 Other Items 1. Assembly Review of Case 10 -008 Planning and Zoning Commission Denial of a Rezone of Industrial Park Subdivision, Lot 7 and Tract A From RB- Retail Business To R3 -Multi Family Residential and Directing Staff to Prepare an Ordinance of Introduction. BRANSON moved to direct staff to prepare an ordinance for introduction relating to Case 10- 008 Rezone of Industrial Park Subdivision, Lot 7 and Tract A From RB- Retail Business To R3- Multi Family Residential. At its regular meeting of January 20, 2010, the Planning and Zoning Commission adopted findings of fact in support of its decision on December 16, 2009, to deny a rezone of Industrial Park Subdivision, Lot 7 and Tract A From RB- Retail Business To R3 -Multi Family Residential. In response, the Assembly needed to review Case 10 -008 to determine if the case should move forward by directing staff to prepare an ordinance for introduction that rezoned the parcel From RB- Retail Business To R3 -Multi Family Residential; or to uphold the Commission's decision and fail the motion. ROLL CALL VOTE ON MOTION FAILED FIVE TO TWO: Stutes, Branson, Friend, Fulp, Jeffrey (Noes); Kaplan and Lynch (Ayes). 2. Vacation in Accordance With KIBC 16.60 of a 10 -Foot Portion of a 20 -Foot Wide Utility Easement Located Along the Rear Lot Line of Lot 2B -1, Block 6, Miller Point Subdivision, First Addition. (Case S10 -005) JEFFREY moved to approve the vacation of a 10 -foot wide portion of a 20 -foot utility easement located at the rear of Lot 2B -1, Block 6, Miller Point Subdivision, First Addition. The petitioner requested the vacation of the 10 -foot portion of a utility easement found at the rear of their parcel. Public hearing notices were sent to neighbors as well as utility companies with interest in the easement. None of the utility companies expressed interest in accessing or utilizing the easement. The services provided by these companies were already in place without the benefit of the easement. At its January 20, 2010, regular meeting, the Planning and Zoning Commission agreed with the request to vacate that portion of the easement found on the petitioner's land and recommended the Assembly approve the request. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. 3. Appointments to the Providence Kodiak Island Service Area Board. This item was approved under consent agenda. Providence Kodiak Island Medical Center appointed Mr. Alvin Arboleda to fill the vacant seat on the Providence Kodiak Island Service Area Board. The board also reappointed Gretchen Saupe and Cecil Ranney. A letter from Providence regarding the appointments dated January 14, Kodiak Island Borough Assembly Minutes February 18, 2010 Page 767 2010, was provided. The Assembly voiced non - objection to the appointments to the Providence Kodiak Island Service Area Board. 4. Confirmation of the Assembly Appointment to the Service Area No. 1 Board. This item was approved under consent agenda. The Service Area No. 1 Board met on February 8, 2010, to review applications received for the vacant seat term to expire 2011. There were three applications that were submitted to the Service Area No. 1 Board from Tuck Bonney, Greg Spalinger, and Gary Turk Martin. The Board recommended the appointment of Turk Martin to the vacant seat for a term to expire October 2011. The Assembly confirmed the appointment of Mr. Martin to the Service Area No. 1 Board. 5. Declaring a Seat on the Service Area No. 1 Board Vacant. This item was approved under consent agenda. Mr. Rick Ryser submitted a notice of resignation from the Service Area No. 1 Board on January 21, 2010, for a term to expire October 2010. The Assembly accepted, with regret, the resignation of Mr. Ryser and directed the Borough Clerk to advertise the vacancy per Borough Code. 6. Confirmation of the Assembly Appointment to the Mission Lake "Tidegate" Service Area Board. This item was approved under consent agenda. On January 28, 2010, Mr. Al Burch indicated his desire to be reappointed to the Mission Lake "Tidegate" Service Area Board for a term to expire December 2012. The Assembly confirmed the appointment of Mr. Burch to the Mission Lake "Tidegate" Service Area Board. 7. Declaring a Seat on the Bay View Road Service Area Board Vacant. This item was approved under consent agenda. Ms. Dawn Lea Black submitted a letter of resignation from the Bay View Road Service Area Board on February 4, 2010, for a term to expire October 2010. The Assembly accepted, with regret, the resignation of Ms. Black and directed the Borough Clerk to advertise the vacancy per Borough Code. CITIZENS' COMMENTS Scott Arndt spoke regarding the proposed garbage collection contract. ASSEMBLY MEMBER COMMENTS Assembly member Lynch, Stutes, Kaplan, Friend, Jeffrey, Fulp, and Branson congratulated Jessica Wolfe, Employee of the Quarter, and Student of the Month, Carolyn Craig. Assembly members also thanked the public for their comments and participation in the Solid Waste Collection Contract process. Kodiak Island Borough Assembly Minutes February 18, 2010 Page 768 Announcements Mayor Selby announced the next Assembly work session would be held on Thursday, February 25, 2010, at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, March 4, 2010, at 7:30 p.m. in the Borough Assembly Chambers. The Mayor and members of the Assembly would be traveling to Juneau to attend the Legislative Reception on Wednesday, March 10, 2010. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Branson. The meeting adjourned at 11:05 p.m. ATTEST: Kodiak Island Borough February 18, 2010 KODIAK ISLAND BOROUGH Jerome M. Selby, Mayor Borough Clerk Approved: April 1, 2010 Assembly Minutes Page 769