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2011-03-17 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting March 17, 2011 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, March 17, 2011, 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 Sergeant Major Dave Blacketer of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Assessor Bill Roberts, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA FRIEND moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Mayor Selby presented the Kodiak Beautification Awards for a Business to Fir Terrace Apartments and a Residence to Robin and Jessica Gardner. Mayor Selby presented the Student of the Month award for February 2011 to Hazel Mae Delos Santos, a senior at the Kodiak High School. CITIZENS' COMMENTS Sandra West provided an update on the status of the proposed bike path along Rezanof Drive. Terry Haines requested that discussion on the joint fisheries representative be placed on the next Assembly work session agenda and urged future involvement by the Assembly on fisheries issues. COMMITTEE REPORTS Assembly member Stutes reported on the Koniag /Kodiak Area Native Association (KANA) roundtable event of March 11, 2011. Assembly member Jeffrey reported that the Kodiak Fisheries Advisory Committee was in need of citizens to fill the vacant Community at Large and Salmon /Herring Vessels seats. Kodiak Island Borough Assembly Minutes March 17, 2011 Page 894 Assembly members Friend and Fulp reported on the KHS Project Citizens' Advisory Committee meetings of March 8 and 15. The next meeting was scheduled on March 31 and public involvement was encouraged. Citizens were invited to view the website at www .kodiakhsbuildingproject.com. PUBLIC HEARING A. Ordinance No. FY2011 -12 Amending Title 3 Revenue and Finance Chapter 3.35 Real Property Tax Section 3.35.050 Board of Equalization. JEFFREY moved to adopt Ordinance No. FY2011 -12. KIBC Section 3.35.050 had not been updated since 1978 except for a minor revision in 1998 which dealt with member appointments. It was in the best interest of the Borough to amend this section to provide clear and better guidance for appellants regarding the Board of Equalization (BOE) appeals. The proposed changes also set better standards and established better processes for the BOE hearings. The proposed changes were derived from current practices being used by other municipalities in the State. The BOE convened on Tuesday, February 15, 2011, and reviewed and revised the initial draft prepared by staff. The ordinance was approved by BOE and was reviewed by the Borough Attorney for legal compliance. Mayor Selby opened the public hearing. Hearing and seeing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • The state continued to monitor the Japanese reactor situation; radiation of sufficient quantities was not expected in Alaska. • Code revision workshops were held the week of March 7. The first draft of the code revisions would be available soon. The public was invited to view the progress on the Borough website at www.kodiakak.us /coderevision and to attend the public meetings. • Public hearing forms for the roll cart proposed expansion areas were mailed out to residents the week of March 15. The public hearing was scheduled for Thursday, April 7. • 2010 census numbers were available. It was noted that population in the Borough had declined since the last census. • A letter of support for the appointment of Mr. Mel Morris to the Board of Fish was provided and consensus was provided to proceed with the letter. Kodiak Island Borough Assembly Minutes March 17, 2011 Page 895 Assembly member Jeffrey asked the Manager to provide an update on the process for hiring the joint fisheries representative. Manager Gifford reported that the sub - committee had met and was putting together an Request for Proposal (RFP). The RFP was scheduled to be presented to the City Council and Assembly prior to being made available to the public. Assembly member Stutes asked for an update on the transfer station sites. Manager Gifford responded that the sites were being reviewed and would be brought forward to the Assembly for approval. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on the Joint Legislative Reception in Juneau on March 9, and provided a report on the meetings that the Assembly had participated in while in Juneau. Mayor Selby expressed condolences to the family of Mr. Ed Opheim, Sr. for their loss. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2011 -25 Kodiak Middle School Gym Roof Seismic Upgrades. JEFFREY moved to authorize the manager to execute Contract No. FY2011 -25 with Alutiiq International Solutions, LLC. of Anchorage, Alaska for the Kodiak Middle School Gym Roof Seismic Upgrades Project in an amount not to exceed $334,158. This contract was for the Kodiak Middle School Gym Roof Seismic Upgrades Project as depicted in the construction documents prepared by Jensen Yorba Lott, Inc. The construction documents, bid documents and associated addenda were available for review. Bids were received in response to the Borough's invitation to bid dated January 3, 2011. Of the thirteen bidders, Alutiiq International Solutions, LLC. was the lowest bidder for the project. A bid tabulation was provided. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Austerman. Resolutions 1. Resolution No. FY2011 -23 Supporting the 2011 Legislative Priorities of the Alaska Commission on Aging. This item was approved under the consent agenda. This resolution was requested by Senior Citizens of Kodiak, Inc. Executive Director Pat Branson. On February 23, 2011, the Senior Citizens of Kodiak, Inc. Board of Directors met and reviewed the 2011 Legislative Priorities of the Alaska Commission on Aging. The board requested that the Assembly send a resolution of support for these priorities to the Legislative Delegation. Kodiak Island Borough Assembly Minutes March 17, 2011 Page 896 Ordinances for Introduction 1. Ordinance No. FY2011 -13 Rezoning a Portion of Tract B -1A, U.S. Survey 4947 (Near Island) From C- Conservation To PL- Public Use Zone. FRIEND moved to adopt Ordinance No. FY2011 -13 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Borough combined an existing lot on Near Island with additional land that was acquired from the City of Kodiak. This new lot would house the existing Kodiak Fisheries Research Center and scientist housing. The additional land would also house the proposed Alaska Department of Fish and Game facility. The land acquired from the City was zoned C- Conservation. The parcel that it was incorporated into was zoned PL- Public Use Lands. The desire was to have the entire lot be zoned PL- Public Use Lands which allowed offices for local, state, and federal governments. After holding a public meeting, the Planning and Zoning Commission unanimously approved recommendation to the Assembly that the entire parcel be rezoned from C- Conservation to PL— Public Use Lands. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Austerman, and Friend. Other Items 1. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Application for The Rendezvous, Lic. #2639 (Beverage Dispensary) (Applicant: Toni Munsey and Val Flinders). STUTES moved to voice protest to the State of Alaska Alcoholic Beverage Control Board for the renewal application for The Rendezvous, Lic. #2639 (Beverage Dispensary) (Applicants: Toni Munsey and Val Flinders) based on unpaid taxes. After the Clerk's office routine investigation following KIBC 5.01.020 License renewal procedure it was recommended that the Borough should voice protest based on unpaid taxes. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Austerman, Friend, and Fulp. 2. Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council (PWSRCAC). JEFFREY moved to confirm the mayoral appointment of Mr. Iver Malutin for a two -year term on the Prince William Sound Regional Citizens' Advisory Council. Mr. Iver Malutin's term on the Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) expired May 2011. A courtesy letter was sent out to the different villages soliciting recommendations for appointment and none were received. Mr. Malutin indicated Kodiak Island Borough Assembly Minutes March 17, 2011 Page 897 to the Clerk's office that he was interested in continuing to serve on the board for a two -year term. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Austerman, Friend, Fulp, and Jeffrey. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly members congratulated the Student of the Month and Beautification Award recipients. Assembly members Jeffrey and Lynch commended Sandra West for her efforts on the bike trail project. Assembly members Jeffrey and Stutes expressed their enjoyment in participation on the Koniag /KANA roundtable event and were interested in pursuing semiannual roundtable discussions between the two agencies and the Assembly. Assembly member Friend encouraged the public to visit the high school renovation project website at www .kodiakhsbuildingproject.com. Assembly member Jeffrey congratulated the Port Lions School girls basketball team and the Kodiak High School boys basketball team on their accomplishments. She extended her condolences to the Opheim family. Assembly member Fulp thanked the Borough and Spenard Builders Supply for sponsoring the beautification awards. She encouraged public participation at the upcoming KHS Project Citizens' Advisory Committee meetings and the review of the design conceptions. Announcements Mayor Selby announced the Borough offices would be closed Monday, March 28, 2011, in observance of Seward's Day. The next Assembly work session would be held on Thursday, March 31, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly was scheduled on Thursday, April 7, 2011. Kodiak Island Borough Assembly Minutes March 17, 2011 Page 898 ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Austerman, Friend, Fulp, Jeffrey, and Kaplan. The meeting was adjourned at 8:25 p.m. KODIAK ISLAND BOROUGH 1 // ATTEST: Je ome M. Selblai .nalla 4)-2/A Nova M. Javier, MMCorough Clerk Approved: April 7, 2011 Kodiak Island Borough Assembly Minutes March 17, 2011 Page 899