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2010-04-01 Regular MeetingMayor Selby led the Pledge of Allegiance. KODIAK ISLAND BOROUGH Assembly Regular Meeting April 1, 2010 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, April 1, 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. Present were Mayor Jerome Selby, Assembly members Pat Branson, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Engineering and Facilities Director Woody Koning, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. BRANSON moved to excuse Assembly member Friend who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 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 February 18, 2010, and March 4, 2010, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented the March Student of the Month award to Kayla Christiansen, a junior at Old Harbor School. Mayor Selby proclaimed April 2010 as "Child Abuse Prevention Month" and called upon all citizens to increase their participation in the efforts to prevent child abuse; thereby, strengthening the communities in which we live. Mayor Selby proclaimed April 2010 as "Sexual Assault Awareness Month" and encouraged all residents to support local activities and programs which assist victims by learning more about the pervasiveness of sexual assault in Alaska so we may eliminate this heinous crime. Mayor Selby presented the Kodiak Beautification Awards for a residence to Lee Robbins and Kim Swaneveld, and a business to Ben and Hazel Ardinger, owners of Ardinger's Fine Furnishings and Gifts. CITIZENS' COMMENTS Lorna Arndt urged the Assembly to consider an ordinance banning fireworks within the borough. Cindy Harrington, Kodiak Area Native Association Child Services Director, thanked the Assembly for its support of the April 2010 proclamations. Mel Stephens, Dave Sundberq, Bill Feda, and Sid Pruitt spoke on Contract No. FY2010 -30. Kodiak Island Borough Assembly Minutes April 1, 2010 Page 775 COMMITTEE REPORTS Assembly member Fulp reported on the Kodiak College Council. PUBLIC HEARING A. Ordinance No. FY2010 -07 Amending the Kodiak Island Borough Code of Ordinances Title 8 Health and Safety by Repealing the Existing Chapter 8.25 Solid Waste Collection and Disposal and Enacting a New Chapter 8.25 Solid Waste and Collection and Disposal Section 8.25.10 to Section 8.25.240. JEFFREY moved to adopt Ordinance No. FY2010 -07. The existing Solid Waste Collection and Disposal code that reflected the solid waste collection contract and disposal requirements at the landfill was put into place in 1986. Staff determined the need to bring the code into compliance with the modified solid waste collection contract and disposal requirements at the landfill. The revision would establish policies and procedures to effectively provide enforcement. The old KIBC Chapter 8.25 was being repealed in its entirety and a new Chapter 8.25 was being enacted. Staff's research and proposal took into consideration the Alaska Statutes, codes from other municipalities, and expertise from an attorney specializing in solid waste. The Borough Attorney reviewed the ordinance for compliance and a substituted version of the ordinance was provided based on the changes suggested by the attorney. BRANSON moved to amend Ordinance No. FY2010 -07 by substitution. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED UNANIMOUSLY: Branson, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Mayor Selby opened the public hearing. Mel Stephens and Ann Kalcic spoke on Ordinance No. FY2010 -07. Mayor Selby closed the public hearing. BRANSON moved to postpone Ordinance No. FY2010 -07 to the next regular Assembly meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO TWO: Fulp, Jeffrey, Kaplan, and Branson (Ayes); Lynch and Stutes (Noes). BOROUGH MANAGER'S REPORT Administrative Official Cassidy reported the following: • Manager Gifford was out of town until April 5, 2010. • Engineering and Facilities Director Koning met with the School District to work on specifications for the new high school. MESSAGES FROM THE BOROUGH MAYOR None. Kodiak Island Borough Assembly Minutes April 1, 2010 Page 776 UNFINISHED BUSINESS A. Contract No. FY2010 -30 Solid Waste Collection Contract. In May 2009, the Borough issued a request for proposal (RFP) for solid waste and recycling collection services. This 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. Borough 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 the Borough's solid waste goals as identified in the SWMP and the Borough's Strategic Plan. Alaska Waste committed to adjust their service delivery as needed to accommodate future progressive steps toward the Borough's solid waste goals and needs. This item was postponed at the regular Assembly meeting of March 4, 2010. The motion before the Assembly was 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. Administrative Official Cassidy summarized the discussion held by the Assembly at the work session of March 25, 2010, outlining the changes to the contract. STUTES moved to postpone Contract No. FY2010 -30 to the next regular Assembly meeting. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, and Fulp. STUTES moved to amend the motion to execute Contract No. FY2010 -30 with the Residential Collection Option 3. ROLL CALL VOTE ON MOTION TO AMEND FAILED FOUR TO THREE: Branson, Jeffrey, Lynch, and Selby (Noes); Kaplan, Fulp, and Stutes (Ayes). Note: Mayor Selby voted to break the tie. BRANSON moved to postpone Contract No. FY2010 -30 to the next regular Assembly meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Fulp, Jeffrey, and Kaplan. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2010 -30 Approving a Sublease of a Mobile Home as a Caretaker's Unit by the Kodiak Island Sportsman's Association (KISA) on Tract B Within Lot 1, U.S. Survey 2539 Adjacent to the Salonie Creek Rifle Range. BRANSON moved to adopt Resolution No. FY2010 -30. Written consent of the Assembly was required by section 11 of the ground lease for assignment or transfer of the lease, or any interest in it. This resolution would grant approval for the rental of the existing mobile home owned by KISA to a tenant fulfilling responsibilities as caretaker for Kodiak Island Borough Assembly Minutes April 1, 2010 Page 777 the term of the ground lease (expires August 10, 2019). Instead of written Assembly consent, this resolution amended section 11 of the ground lease. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Fulp, Jeffrey, Kaplan, and Lynch. Ordinances for Introduction 1. Ordinance No. FY2010 -08 Rezoning Lot 11A, U.S. Survey 3474 From C- Conservation To RNC -Rural Neighborhood Commercial. KAPLAN moved to adopt Ordinance No. FY2010 -08 in first reading to advance to public hearing at the next regular Assembly meeting. The applicants, Norman and Janice Botz, desired to reestablish the Roads End Bar and Restaurant in Chiniak. The former business was at one time a grandfathered (non- conforming) use in a residential district. KIBC 17.140.050G Nonconforming uses of structures and land states that non - conforming uses that cease to exist for more than a year lose their grandfathered status and "shall not thereafter be used except in conformance with the regulations of the district in which it is located ". The 2008 Comprehensive Plan identified the area of Chiniak (including the applicant's parcel) for future Rural /Mixed Use Commercial /Residential use and the request for a rezone from C- Conservation to RNC —Rural Neighborhood Commercial was consistent with the comprehensive plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Other Items 1. Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council. This item was approved under the consent agenda. The Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) requested that the Borough appoint a representative to the Board of Directors prior to the PWSRCAC's annual meeting in May 2010. This individual would have the opportunity to influence decisions having profound implications for oil transportation safety in Alaska, and for the State's oil spill prevention and response capabilities. Mr. Al Burch served on the PWSRCAC Board of Directors during the preceding term and indicated his desire for reappointment. The Assembly confirmed the mayoral appointment of Mr. Burch to the Prince William Sound Regional Citizens' Advisory Council for a two -year term to expire May 2012. 2. Declaring a Seat on the Solid Waste Advisory Board Vacant. This item was approved under the consent agenda. Ms. Marion Owen submitted a letter of resignation from the Solid Waste Advisory Board on March 18, 2010, for a term to expire December 2010. The Assembly accepted, with regret, the resignation of Ms. Owen from the Solid Waste Advisory Board and directed the Borough Clerk to advertise the vacancy per Borough Code. Kodiak Island Borough Assembly Minutes April 1, 2010 Page 778 EXECUTIVE SESSION A. Review of the Respondents to the Legal Service Request for Proposals (RFP). BRANSON moved to convene into executive session to review respondents to the Legal Service RFP which qualified for executive session as a matter which would tend to defame or prejudice the character or reputation of any person (firm). ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. Mayor Selby invited the Assembly members, Administrative Official Cassidy, and the Clerk's Office staff into the executive session. Mayor Selby recessed the regular meeting at 8:47 p.m. and convened the executive session. Mayor Selby reconvened the regular meeting at 9:25 p.m. and announced no action was to be taken as a result of the executive session. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly members congratulated the recipients of the Student of the Month and Kodiak Beautification awards. Assembly member Lynch expressed disappointment over the Assembly's position on the solid waste issues and spoke on the 2.5 year process that included an approved Solid Waste Management Plan (SWMP) that was based on the consultant's expertise and on the community's input. Assembly member Stutes spoke on the solid waste contract and felt the Assembly was working towards the same goals. Assembly member Fulp thanked the Borough Assessor for performing the property assessments and Borough staff for their hard work for the community. She wished everyone a Happy Easter. Assembly member Jeffrey encouraged the Assembly to keep reaching towards the "big picture" goals in regards to Contract No. FY2010 -30. She announced that ComFish would be held April 15 -17, 2010 and the Kodiak Fisheries Advisory Council would meet Friday, April 2, 2010 at 9 a.m. at the Kodiak College. Assembly member Branson agreed that the Assembly was working towards a major change with the way solid waste was handled through Contract No. FY2010 -30. Mayor Selby wished everyone a Happy Easter. Announcements Mayor Selby announced the Assembly and the Kodiak Island Borough School District Board would meet in a Joint Work Session on Tuesday, April 6, 2010, at 7:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Minutes April 1, 2010 Page 779 The next Assembly work session would be held on Thursday, April 8, 2010, at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, April 15, 2010, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, and Fulp. The meeting adjourned at 9:40 p.m. ATTEST: Nova M. Javier, MMC, B Kodiak Island Borough Assembly Minutes Page 780 April 1, 2010 rough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Mayor Approved: May 6, 2010