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2009-07-02 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting July 2, 2009 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, July 2, 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, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. BRANSON moved to excuse Assembly member Jeffrey who was out on 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 May 7, 2009 and May 21, 2009 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed support for the "United We Serve" campaign urging all service groups in Kodiak to participate in our nation's recovery and renewal by serving in our communities with the knowledge that ordinary people can achieve extraordinary things when given the proper tools. CITIZENS' COMMENTS Nick Troxell read a letter into the record discussing scrap metal disposal and recycling issues. John Quinn spoke in support of Mr. Troxell's scrap metal business. COMMITTEE REPORTS None. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership and Location of Liquor License. Applicants: Blue Sky Grill, Inc. (Wes Osowski, LLC Agent). BRANSON moved to voice non - protest to State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership and Location of Liquor License. Applicants: Blue Sky Grill, Inc. (Wes Osowski, LLC Agent). Kodiak Island Borough Assembly Minutes July 2, 2009 Page 695 For the transfer of ownership of liquor licenses, the Borough followed KIBC 5.01.030 - New license and transfer procedure. There were no trouble reports and no Borough interest could be protected by protesting the transfer. 11 public hearing notices were sent out; none were returned. 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, Kaplan, Lynch, and Stutes. B. Ordinance No. FY2009 -01 E Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Account for Various Revenues that are Over Budget, Provide for Additional Expenditures, Budget New Projects, and Move Funds Between Projects. KAPLAN moved to postpone Ordinance No. 2009 -01 E to the next regular meeting of the Assembly. Manager Gifford explained that the ordinance was a year -end budget amendment to include year -end adjustments to the budget and close out projects. Finance Director Short requested the postponement in order to include projects that needed to be added to the amendment for approval to close out the projects for the year. Additional information would be provided at the next regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Kaplan, Lynch, Stutes, and Branson. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Borough submitted an application for a $50,000 Department of Energy and Efficiency Conservation Grant on June 23, 2009. The deadline for submittals was extended to August; however, agencies that submitted their applications early would be considered first. • Solid Waste Collection Services Request for Proposals (RFP) was due July 17, 2009. The Recycling Services Request for Bids (RFB) deadline was June 26, 2009. One bid was received from Threshold Services Inc. and a contract was negotiated and would be provided to the Assembly at the next regular meeting. A purchase order for an amount not to exceed $25,000 was issued to Threshold Services, Inc. to cover the interim time between the expired (6/30/2009) contract and approval of the new contract. • Provided an update on the construction projects status. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby wished everyone a safe and happy Fourth of July holiday. UNFINISHED BUSINESS None. NEW BUSINESS Contracts A. Contract No. FY2010 -02 Kodiak Landfill Shot Rock Development Project. This item was approved under the consent agenda. The landfill was required to cover municipal waste daily with a minimum of six inches of cover, which consisted of shot rock. The shot rock would be generated on site and would be adjacent Kodiak Island Borough Assembly Minutes July 2, 2009 Page 696 to the area of the 2007 Shot Rock project. The rock project was expected to provide cover for at least 2 years or more as well as help maintain landfill roadways. Two firms responded to the Request for Bid (RFB) for the shot rock development. Bids were as follows: Anderson Construction Company, LLC $139,970 Brechan Enterprises, Inc. $183,540 Staff reviewed each proposal and recommended that Anderson Construction Company, LLC be awarded the contract for $139,970. B. Contract No. FY2010 -03 Road Maintenance and Repairs, Snow Removal and Sanding, and Small Projects under $15,000 for KIB Facilities and Grounds. This item was approved under the consent agenda. The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, snow removal and sanding, and small projects for Borough Facilities. One sealed bid was received and opened on May 27, 2009 from MK Construction. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects mentioned in the contract. The bid was provided to the Borough Engineering /Facilities Director for review and recommendation. MK Construction would be named as the Contractor and all invoicing, etc. would be provided through the Contractor. C. Contract No. FY2010 -04 Road Maintenance and Repairs, Snow Removal, and Sanding for Bay View Road Service Area. This item was approved under the consent agenda. The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Bay View Road Service Area. One sealed bid was received and opened on May 27, 2009 from MK Construction. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects provided in the contract. The bid was provided to the Bay View Road Service Area Board for review and recommendation. The contract would name MK Construction as the Contractor and all invoicing, etc. would be provided through the Contractor. D. Contract No. FY2010 -05 Road Maintenance and Repairs, Snow Removal, and Sanding for Monashka Bay Road Service Area. This item was approved under the consent agenda. The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Monashka Bay Service Area. Sealed bids were received and opened on May 27, 2009. One bid was received from MK Construction. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects provided in the contract. The bid was provided to the Monashka Bay Service Area Board for review and recommendation. The contract would name MK Construction as the Contractor and all invoicing, etc. will be provided through the Contractor. E. Contract No. FY2010 -06 Road Maintenance and Repairs, Snow Removal, and Sanding for Service Area No. 1. This item was approved under the consent agenda. The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Service Area No. 1. One sealed bid was received and opened on May 27, 2009 from Brechan Enterprises, Inc. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects provided in the contract. The bid was provided to the Service Area No. Kodiak Island Borough Assembly Minutes July 2, 2009 Page 697 1 Board for review and recommendation. The contract would name Brechan Enterprises, Inc. as the Contractor and all invoicing, etc. would be provided through the Contractor. F. Contract No. FY2010 -07 Road Maintenance and Repairs, Snow Removal, and Sanding for Womens Bay Service Area. This item was approved under the consent agenda. The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Womens Bay Service Area. One sealed bid was received and opened on May 27, 2009 from MK Construction. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects provided in the contract. The bid was provided to the Womens Bay Service Area Board for review and recommendation. The contract would name MK Construction as the Contractor and all invoicing, etc. would be provided through the Contractor. Resolutions A. Resolution No. FY2009 -34 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. This item was approved under the consent agenda. Kodiak Island Borough Code 2.25.200 provides for the destruction of records which were certified by the Clerk and Borough Attorney as having no legal or administrative value or historical interest. A list of records which were not of a historical, legal, or administrative value and met the minimum retention requirements was provided. B. Resolution No. FY2010 -04 Adopting to Participate in the AMLJIA Loss Control Incentive Program. This item was approved under the consent agenda. The resolution would authorize Borough participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. Participation required the resolution as well as monthly safety committee meetings, bi- annual facilities self inspections, and employee safety training. It was required that a resolution be adopted annually in order to be eligible for the discount of $20,000 on the Borough's contribution. Ordinances for Introduction A. Ordinance No. FY2010 -02 Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.40 Records Management, Chapter 2.50 Borough Clerk, Section 2.50.020 Duties, and Chapter 2.55 Engineering and Facilities Department, Section 2.55.010 Engineering and Facilities Department Director. BRANSON moved to adopt Ordinance No. FY2010 -02 in first reading to advance to public hearing at the next regular Assembly meeting. The existing Records Management code was put in place in 1975 with very minor changes in 1979 and 1998. Staff determined the need to bring it into compliance with recent and existing laws and regulations. The old KIBC 2.25.200 was repealed in its entirety and a new Chapter 2.40 was established. The new chapter included policies that reflected industry best practices. Staffs research and proposal considered Alaska Statutes, codes from other municipalities, and consultation with Borough staff. The ordinance was also reviewed by the Borough Attorney for compliance. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Kaplan, Lynch, Stutes, Branson, and Friend. Kodiak Island Borough Assembly Minutes July 2, 2009 Page 698 Other Items A. Confirmation of Mayoral Appointment to the Planning and Zoning Commission. FRIEND moved to confirm the Mayoral appointment of Ms. Lori Ryser to the Planning and Zoning Commission for a term to expire December 2011. There was one vacancy on the Planning and Zoning Commission. An application for the Borough seat was received from Ms. Lori Ryser for a term to expire December 31, 2011. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly members wished fellow Assembly member Branson a happy birthday, wished the community a happy and safe Fourth of July holiday, and thanked staff members for their hard work. Assembly member Lynch requested an RFP be submitted for metals processing services which would be in line with the Solid Waste Collection Services and Recycling Services contracts. She spoke of the benefits of accountability, fairness, and of having possession of a contract for the services. Manager Gifford noted that staff was working on a draft metals processing services RFP, but was not sure if the draft would be ready for review at the next Assembly work session. Assembly member Stutes questioned the existence of an addendum to the Solid Waste RFP addressing wording that was originally directed by the Assembly. Manager Gifford stated that an addendum would be issued when other addenda were issued. She questioned the possibility of posting financial information that was presented by the School Board at the last Assembly work session in regards to the proposed bond issues on their website. Clerk Javier noted that this information would be available to all as part of the work session packet which would be posted on the Borough website. Assembly member Friend thanked Ms. Ryser for volunteering to serve on the Planning and Zoning Commission. He questioned the attendance of members of the Solid Waste Advisory Board (SWAB) and emphasized the importance of the board, its purpose, and attendance by the members. Clerk Javier explained the attendance requirements per Borough code and noted that attempts have been made to contact the member in question to request an official resignation. Assembly member Branson reported she had received calls regarding SWAB member attendance. She urged SWAB members to reach out to their fellow board member. Assembly member Fulp reported that maintenance painting on Near Island Bridge was needed and hoped that a letter would be sent out soon. She thanked the Borough Assessor for the newly formatted tax bills, expressed condolences to the family of Sally Ramaglia. Announcements Mayor Selby announced that Borough offices would be closed Friday, July 3, 2009 in observance of the Fourth of July holiday. Kodiak Island Borough Assembly Minutes July 2, 2009 Page 699 The Assembly would meet in a special meeting and work session on Thursday, July 9, 2009 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, July 16, 2009 at 7:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION A. Borough Manager's Performance Evaluation. BRANSON moved to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, and Kaplan. Assembly members and Manager Gifford were invited to join in executive session. Mayor Selby recessed the regular meeting at 8:05 p.m. and convened the executive session. Mayor Selby reconvened the regular meeting at 8:50 p.m. BRANSON moved to award the Manager a more than satisfactory annual review, a $5,000 salary increase, and a $5,000 bonus. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Kaplan, and Lynch. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Kaplan, Lynch, and Stutes. The meeting adjourned at 8:52 p.m. Nova M. Javier, MM Kodiak Island Borough July 2, 2009 , Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Mayo Approved: August 6, 2009 Assembly Minutes Page 700