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2010-05-06 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting May 6, 2010 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, May 6, 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, Assembly members Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Engineering and Facilities Director Woody Koning, Resource Management Officer Robert Scholze, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. 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. Regular Meeting minutes of April 1, 2010, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented the May Student of the Month award to Nina Gronn, a senior at Kodiak High School. Manager Gifford presented the Employee of the Quarter Award to Sharon Blakeslee, Programmer /Analyst in the Information Technology Department. Mayor Selby proclaimed May 2 through May 8, 2010, as Municipal Clerks Week extending appreciation to Borough Clerk Nova Javier, Deputy Clerk Marylynn McFarland, Assistant Clerk Jessica Kilborn, and to all municipal clerks for the vital services they perform and their exemplary dedication to the community they represent. Mayor Selby proclaimed May 2010 as Mental Health Month urging all citizens and local organizations to increase awareness and understanding of mental health and the need for appropriate and accessible services for all people with mental illness. Mayor Selby proclaimed May 2010 as Older Americans Month urging all citizens to honor older adults and those who care for them. Mayor Selby presented a Certificate of Recognition honoring KMXT Public Radio Station for its valuable contributions to the ongoing campaign to promote a sustainable community supporting the long range goals of solid waste diversion and overall public awareness. Kodiak Island Borough Assembly Minutes May 6, 2010 Page 786 CITIZENS' COMMENTS Mary Forner and Marion Owen spoke on Contract No. FY2010 -30. Jason Tandler spoke on Resolution No. FY2010 -33. COMMITTEE REPORTS Alaska Aerospace Corporation (AAC) Chief Executive Officer Dale Nash provided an update on future endeavors of AAC. It was reported that two launches were scheduled in the Fall 2010. Assembly member Jeffrey announced that the Kodiak Fisheries Advisory Council would meet on Friday, May 7, 2010, at 9 a.m. at the Kodiak College. PUBLIC HEARING A. Resolution No. FY2010 -33 Authorizing the Approval of a Long Term Lease and Material Sales Contract with Brechan Enterprises, Inc. for Tracts B1, B2, B3, and B4 -A, Bells Flats Alaska Subdivision. JEFFREY moved to adopt Resolution No. FY2010 -33. In June 2007, the Assembly approved Resolution No. FY2007 -39 declaring surplus to the Borough's need of an 84.38 acre portion of Borough land described as Tracts B1, B2, B3, and B4 -A, Bells Flats Subdivision for the purpose of resource extraction. Resolution No. FY2007 -39 authorized the Borough Manager to negotiate directly with Brechan Enterprises, Inc. a short term lease to be followed by a long term lease in accordance with relevant provisions of KIBC Title 18, taking into account recommendations from the Planning and Zoning Commission. The Kodiak Island Borough and Brechan Enterprises, Inc. entered into a new lease and material sale agreement for gravel extraction on the "B Tracts" located in Womens Bay on July 1, 2007. The gravel resource excavated from this site was a valuable resource of aggregate for the concrete and asphalt produced and used on the island. The value of this material results from its limited supply. The Kodiak Island Borough Gravel Taskforce investigated, sampled, and tested other aggregate at alternative sites along the road system only to find that the B Tracts provided the best quality material that was readily available. Two one -year extensions followed the 2007 short term lease to allow for completion of a reclamation plan, a storm water pollution prevention plan, and an engineered resource estimate of remaining gravel on -site. The current one -year extension of the short term agreement would expire on June 30, 2010. The long term lease presented through Resolution No. FY2010 -33 called for a term of 9 years, expiring on December 31, 2019. It incorporated information and requirements contained in the plans, as well as relying on data derived from the resource estimate. The lease was finalized in the course of a lengthy and thorough negotiation, and was determined as acceptable to the contractor. Amendments to the contract which addressed concerns that were raised regarding the material site were provided. Mayor Selby opened the public hearing. Kodiak Island Borough Assembly Minutes May 6, 2010 Page 787 Heather Peterson, Karen Hansz, Brian Hansz, Diane Doucette - Cooney, Laura Slater, Fran Kelso, Mike Martin, Russ Pruitt, Jim Graham, and Troy Park spoke regarding Resolution No. FY2010 -33. Mayor Selby closed the public hearing. Resource Management Officer Scholze provided additional information regarding concerns that had been raised by the Womens Bay community. He provided information regarding permits and timeframes. BRANSON moved to postpone Resolution No. FY2010 -33 to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FOUR TO THREE: Friend, Fulp, Lynch, and Stutes (Noes); Branson, Jeffrey, and Kaplan (Ayes). ROLL CALL VOTE ON MAIN MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. BOROUGH MANAGER'S REPORT Manager Gifford provided the following: • April Legislative Report from Lobbyist Mark Hickey. • Project Manager's open project status report. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby acknowledged the loss of Steve Kreber. He reported that the island of Kauai had presented an interest to become the Borough's "sister island ". UNFINISHED BUSINESS A. Contract No. FY2010 -30 Solid Waste Collection Contract. This item was postponed at the regular Assembly meetings of March 4, April 1, and April 15, 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. In May 2009, the Borough 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. 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 Solid Waste Management Plan 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. Kodiak Island Borough Assembly Minutes May 6, 2010 Page 788 Manager Gifford summarized the discussion held by the Assembly at the previous work sessions and outlined the new Solid Waste Collection Contract Summary. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. NEW BUSINESS Contracts 1. Contract No. FY2010 -34 Kodiak Auditorium Roofing Project. BRANSON moved to approve Contract No. FY2010 -34 with Jay -Brant General Contractors, LLC for the Kodiak Auditorium Roofing Project in an Amount not to Exceed $635,679. This contract was for the Kodiak Auditorium Roofing Project as shown on construction documents prepared by Jensen Yorba Lott, Inc. The construction documents, bid documents, associated addenda, and bid tabulation were provided. The project budget of $936,490 was approved by the Assembly through Ordinance FY2010 -01A on January 21, 2010. Bids were received in response to the Borough's Invitation to Bid dated March 17, 2010. Jay -Brant General Contractors, LLC was the low bidder for the project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. Resolutions 1. Resolution No. FY2010 -32 Approving the Village of Karluk and Its Native Village Council to Participate in the FY2011 Community Revenue Sharing Program. This item was approved under the consent agenda. This resolution identified Karluk as an unincorporated community that met the Community Revenue Sharing Program eligibility criteria established under AS 29.60.865, AS 29.60.879, and 3 AAC 180.110. Karluk has more than 25 residents and provides fire protection, emergency medical response, water and sewer, solid waste management, and public road maintenance to its residents. Ordinances for Introduction 1. Ordinance No. FY2010 -01 B Amending Ordinance No. FY2010 -01 to Appropriate Funds for the Purpose of Providing Information on "An Initiative Creating an Alaska Anti - Corruption Act (Gag Law)" which will be on the 2010 Alaska Primary Election Ballot. JEFFREY moved to adopt Ordinance No. FY2010 -01 B in first reading to advance to public hearing at the next regular meeting of the Assembly. On August 24, 2010, an initiative would be placed on the Alaska primary ballot which would ask the voters to decide if public funds could be used for election campaigns. The Kodiak Island Borough believed that this law went deeper than was stated and the Assembly desired to release accurate information regarding this initiative to effectively communicate that municipalities would be adversely affected in the following ways: municipalities would not be able to hire lobbyists for capital projects or for help with legislation; elected officials would not be Kodiak Island Borough Assembly Minutes May 6, 2010 Page 789 able to travel to Juneau to talk with the legislature unless they paid for their travel and lodging with their own money; and municipalities would not be able to have any person lobby unless they were specifically invited by a legislator. In order to fund the advertising effort, AS 15.13.145(4b) required that funds be specifically appropriated for that purpose by a municipal ordinance. Ordinance No. FY2010 -01 B amended Ordinance No. FY2010 -01 and appropriated $1,000 for the purpose of providing information on the initiative. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. Other Items 1. Confirmation of the Assembly Appointment to the Service Area No. 1 Board. FRIEND moved to confirm the Assembly appointment of Mr. Greg Spalinger to the Service Area No. 1 Board for a term to expire October 2010. Two applications were received and submitted to the Service Area No. 1 Board for its review in order to provide a recommendation to the Assembly for the vacant seat term to expire October 2010. The applicants were Mr. Tuck Bonney and Mr. Greg Spalinger. At its regular meeting on April 13, 2010, the Service Area No. 1 Board decided to recommend the appointment of Mr. Spalinger to the vacant seat for a term to expire October 2010. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. 2. Declaring a Seat on the Planning and Zoning Commission Vacant. This item was approved under the consent agenda. Ms. Lori Ryser submitted a notice of resignation from the Planning and Zoning Commission on April 14, 2010, for a term to expire December 2011. The Assembly accepted, with regret, the resignation of Ms. Ryser from the Planning and Zoning Commission for a term to expire December 2011 and directed the Borough Clerk to advertise the vacancy per Borough Code. CITIZENS' COMMENTS Brian Hansz spoke on Resolution No. FY2010 -33. Woody Koninq spoke on Contract No. FY2010 -30 clarifying the information regarding the excess surplus charge. ASSEMBLY MEMBER COMMENTS Assembly members congratulated all award recipients, thanked the Clerk's office staff for its support, and acknowledged the loss of Steve Kreber. Assembly member Friend noted the positive affects the Womens Bay community would be provided through Resolution No. FY2010 -33. Kodiak Island Borough Assembly Minutes May 6, 2010 Page 790 Assembly member Fulp thanked Finance Director Short for his hard work on the FY2011 budget. Assembly member Branson spoke on the time spent negotiating Contract No. FY2010 -30 and expressed disappointment that more time was not spent on Resolution No. FY2010 -33. Assembly member Jeffrey spoke on Resolution No. FY2010 -33 and encouraged providing public information regarding the new solid waste collection services. Assembly member Kaplan stated it was a good idea to pursue becoming a "sister island" with the island of Kauai. Assembly member Lynch urged a stronger effort to provide information to the community regarding the contracts that were approved. Announcements Mayor Selby announced that the next Assembly work session would be held on Thursday, May 13, 2010, at 6:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, May 20, 2010, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. The meeting adjourned at 10:30 p.m. ATTEST: Nova M. Javier, MMC, borough Clerk Kodiak Island Borough May 6, 2010 KODIAK ISLAND BOROUGH Je ome M. Selby, Mayor Approved: June 17, 2010 Assembly Minutes Page 791