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2010-09-16 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting September 16, 2010 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, September 16, 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 and Chris Lynch. Staff members present were Manager Rick Gifford, Engineering and Facilities Director Woody Koning, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. FRIEND moved to excuse Assembly member Stutes 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 as submitted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of August 5, 2010, and Special Meeting of August 26, 2010 were approved under the consent agenda. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS Sandra West, Skip Bolton, Philip Tschersich, Paul Zimmer, Mike Milligan, Dale Rice, and Daisy West spoke in support of the proposed pathway design project. David Conrad, David Neuman, and Dale Rice spoke in support of reprioritizing the Womens BayTsunami /Emergency Shelter on the Capital Improvement Priority list. Glen Eaton submitted a petition in support of a flat tax on aircraft in the Kodiak Island Borough. Judy Fine, Margaret Hall, Margaret Roberts, Lois Stover, Jenny Hoffert, Jimmy Ng, and Elaine Loomis Olsen spoke in support of the planning and design for a new long -term care facility. Mel Stephens spoke in opposition to the proposed pathway project. Kodiak Island Borough Assembly Minutes September 16, 2010 Page 836 COMMITTEE REPORTS Assembly member Friend reported that the Architectural Review Board would be interviewing architects for the new high school October 26 and 27, 2010. Assembly member Jeffrey reported that there would be a Kodiak Fisheries Advisory Committee Meeting at the Kodiak College on Friday, September 17, 2010 at 9 a.m. PUBLIC HEARING 1. Ordinance No. FY2011 -05 Amending Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax Section 3.40.010 Assessment Return to Change the Date for Filing Personal Property Tax Returns. BRANSON moved to adopt Ordinance No. FY2011 -05. Based on recommendations of the State Assessor's Office, the mailing of Notice of Valuation (NOV) was moved to earlier in the year to allow for adequate time between end of appeal period and Board of Equalization (BOE) meetings. This gave appellants more time after notification of board dates to prepare for the BOE meeting. In the past, the time between the end of appeal period and BOE was 10 -14 days and notification of absentee appellants gave them only days to travel and prepare for the BOE proceedings. To move the date of mailings for NOVs required a change of date for personal property filings as current filling dates were February 15 with extensions to March 15. This ordinance moved the personal property filing date to January 15 with no extensions. Staff review and audit of the returns could be completed with a mailing date of February 28 for the Notice of Valuations. The appeal period would be the month of March and with the BOE typically meeting on or around the 10th of May gives four to five weeks to notify appellants and allows ample time for them to prepare for the BOE. 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, Jeffrey, Kaplan, and Lynch. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Alaska Waste Management collection and cart system update. • Crossing guard volunteer program proposal update would be available soon. • Mark Hickey met with Department of Education about the new high school. • LSL Planning, Inc., consultant for the code updates of Title 16, 17, and 18, would be holding a series of focus meetings with agencies and community members the week of September 20, 2010, and the schedule would be advertised in the Kodiak Daily Mirror. • The Manager would be attending the AMUJIA meetings in Anchorage on Friday, September 24, 2010, and would be out of the office. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on the following: • Economic Development Committee Meeting held September 16, 2010. Kodiak Island Borough Assembly Minutes September 16, 2010 Page 837 UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2011 -09 Kodiak Island Borough and City of Kodiak Animal Control Services Agreement. This item was approved under the consent agenda. The Borough and the City of Kodiak jointly fund the animal control program. The city provides the officer (including management of the position — payroll, evaluation, and training), the vehicle (including maintenance), and contracts with the Humane Society to operate the animal shelter. The Animal Control Officer patrols the City limits as well as the remainder of the road system outside city limits. The population of this area is roughly spilt 50/50 between city residents and non -city residents so the contract is split 50/50. The animal control officer was called out approximately 1,000 times last year, issued 35 citations, appeared in court, and impounded 255 animals. This was a one year contract with the cost to the Borough the same as the last 2 years. 2. Contract No. FY2011 -10 Kodiak Island Borough Building Roof and Main Elementary Canopy Replacement Project. KAPLAN moved to authorize the manager to execute Contract No. FY2011 -10 with Clarion Company, Inc. for the Kodiak Island Borough Building Roof and Main Elementary Canopy Replacement Project in an amount not to exceed $392,900. This contract was for the Borough Building Roof and Main Elementary Canopy Replacement Project. Bids were received in response to the Borough's invitation to bid dated July 30, 2010. Clarion Company, Inc. was the lowest bidder for the project ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, and Branson. 3. Contract No. FY2011 -12 Kodiak Middle School Site Improvements, Borough BuildingConcrete Repair, and Kodiak Fisheries Research Center (KFRC) Sidewalk Repair Projects. BRANSON moved to authorize the manager to execute Contract No. FY2011 -12 with Brechan Enterprises, Inc. for the Kodiak Middle School Site Improvements, Borough Building Concrete Repair, and KFRC Sidewalk Repair Projects in an amount not to exceed $110,140. This contract was for the Kodiak Middle School Site Improvements, Borough Building Concrete Repairs, and KFRC Sidewalk Repairs Projects. Bids were received in response to the Borough's invitation to bid dated June 9, 2010. Brechan Enterprises, Inc. was the lowest bidder for the project. Brechan was the only bidder on the project which included repair and replacement of sidewalks, exterior stairs, and retaining walls. The bid was substantially higher than the estimate and the budget. The scope of work was reduced to include work to correct safety hazards. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Branson, and Friend. Kodiak Island Borough Assembly Minutes September 16, 2010 Page 838 4. Contract No. FY2004 -61D Kodiak Island Borough Legislative Consultant During the 2011 and 2012 Legislative Sessions. JEFFREY moved to authorize the manager to execute Contract No. FY2004 -61D with Hickey & Associates of Juneau, Alaska in the amount not to exceed $40,000 annually for the period of January 1, 2011 to December 31, 2012. The agreement for lobbying services between Kodiak Island Borough and Hickey & Associates would expire December 31, 2010. The contract authorized was for another two years, similar to the last contract. At the end of the year, Mr. Hickey had worked on behalf of the Borough for ten years. This contract was for $40,000 annually. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Branson, Friend, and Fulp. 5. Contract No. FY2011 -13 Purchase of Front Wheel Loader for Landfill Operations. FRIEND moved to authorize the manager to execute Contract No. FY2011 -13 with Yukon Equipment, Inc. of Anchorage, Alaska to purchase a 2010 Case 821E Wheel Loader with all standard features and options listed in the proposal as a tag -on to the State of Alaska Bid #1334 in an amount not to exceed $251,009. The baler facility processed the solid waste generated by the community. On an average this amounted to approximately 27 tons per day. The landfill staff's ability to safely and efficiently process this daily quantity of waste brought to the landfill relied heavily on equipment capable of handling this waste. It was essential to landfill operations and regulatory compliance for the Borough to possess appropriate, functioning equipment. The current front -end loader was purchased in 2000. It was past its useful life (the life expectancy for this piece of equipment, being used as it was at the landfill, was five years) and it was fully depreciated. The cost of repairs continued to rise which required mechanics to be brought from off - island to conduct major repairs. Funds were available for the purchase of a new front -end loader. It would allow for more efficient snow removal, road maintenance, and would be the primary piece of equipment for stacking bales and loading daily cover. The new equipment would require regular preventative maintenance which baler staff would provide. The State of Alaska routinely solicited for heavy equipment bids for which orders could be filled over a period of years. State statute allowed municipalities to participate by ordering from the successful bidder under the terms and favorable pricing contained in the state contract. The process was called a tag -on to the state contract. KB solicited for bids for the equipment on the open market to assure that the state contract provided the best value to KIB. All bids exceeded the bid price under the state contract. Yukon Equipment, Inc., of Anchorage was the successful bidder on the state contract. Including all options required by KIB, the purchase amount to be approved was $251,009 FOB Kodiak. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Branson, Friend, Fulp, and Jeffrey. Kodiak Island Borough Assembly Minutes September 16, 2010 Page 839 Resolutions 1. Resolution No. FY2011 -06 Adopting a State Legislative Capital Improvement Projects Priority List for the 2011 Legislative Session. BRANSON moved to adopt Resolution No. FY2011 -06. This resolution was a compilation of legislative capital improvement priority projects for the Kodiak Island Borough for the 2011 legislative session. It was important to have this list completed early so that projects may be considered by the different state agencies and hopefully be included in the Governor's Capital Budget. The list would be forwarded to the legislative delegation, the governor, and any state agencies that would have oversight and /or involvement in the project. LYNCH moved to amend Resolution No. FY2011 -06 by moving the Womens Bay Tusunami /Emergency Shelter to No. 3 priority and renumber the remaining projects accordingly. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Lynch, Branson, Friend, Fulp, Jeffrey, and Kaplan. Ordinances for Introduction None. Other Items 1. Approval of October 5, 2010 Regular Municipal Election Workers. This item was approved under the consent agenda. The assembly appoints at least three election officials in each precinct to constitute the election board of that precinct. The clerk is the election supervisor. One election official shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The clerk may appoint additional election officials at any polling place where they are needed to conduct an orderly election and to relieve other election officials of undue hardship. 2. Confirmation of the Mayoral Appointment to the Solid Waste Advisory Board. LYNCH moved to confirm the Mayoral appointment of Ms. Darlene Turner to the Retail Business Representative Seat on the Solid Waste Advisory Board for a term to expire December 2012. There were currently two vacancies on the Solid Waste Advisory Board. One application was received from Ms. Darlene Turner for the term to expire December 31, 2012. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, and Branson. CITIZENS' COMMENTS Margaret Hall thanked the Assembly for its support of the new long -term care facility. ■ Kodiak Island Borough Assembly Minutes September 16, 2010 Page 840 ASSEMBLY MEMBER COMMENTS Assembly member Lynch, Kaplan, Jeffrey, Branson, and Friend thanked the community members that attended the meeting and for their participation. Assembly member Kaplan thanked the election board volunteers and Assembly member Friend for his time and expertise on the Architectural Review Board. Assembly member Jeffrey thanked Glen Eaton for educating the Assembly on the taxing structure of airplanes in the Kodiak community. Assembly member Branson thanked the election board volunteers and those that spoke in support of the long -term care facility. Assembly member Fulp urged fiscal restraint in hiring the architect for the new high school and to the department heads in the upcoming Borough budget process. She also thanked the Kodiak community businesses that supported the cruise ships and tourists during the summer season. Assembly member Friend reported that the Architectural Review Board was interviewing the prospective architects of the new high school with the philosophy of a design to meet the needs of the school district and not a design to the budget. He also invited the public to any of the Architectural Review Board meetings. Announcements Mayor Selby announced that the next Assembly work session would be held on Thursday, September 30, 2010, at 7:30 p.m. in the Borough Conference Room and the next regular meeting was scheduled on Thursday, October 7, 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: Fulp, Jeffrey, Kaplan, Lynch, Branson, and Friend. The meeting adjourned at 9:05 p.m. KODIAK ISLAND BOROUGH 4 L ATTEST: Jerome M. Selby, a- or / • Nova M. Javier, MMC, Borough iClerk Approved: 10/21/2010 Kodiak Island Borough Assembly Minutes September 16, 2010 Page 841