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2011-07-21 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting July 21, 2011 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, July 21, 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 Jerrol Friend, Sue Jeffrey, Judy Fulp, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Finance Director Karl Short, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. JEFFREY moved to excuse Assembly member Austerman who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA AND CONSENT AGENDA KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting of June 16, 2011 and July 7, 2011, were approved under the consent agenda. AWARDS AND PRESENTATIONS Manager Gifford presented the Employee of the Quarter Award to Jeanne Friel, Local Administrator for the Child Care Assistance Program in the Finance Department. Manager Gifford presented Ten -Year Longevity Awards to Alan Torres, Solid Waste Baler /Landfill Supervisor and to Lauri Whiddon, HR Officer /Executive Assistant in the Manager's Office. CITIZENS' COMMENTS Vikki Jo Kennedy spoke in support of the Animal Shelter and Borough funding. Cheryl Boehland spoke about the hawk weed in Kodiak and asked for community support in preventing the invasive weed from spreading. Kodiak Island Borough Assembly Minutes July 21, 2011 Page 944 COMMITTEE REPORTS Assembly member Kaplan reported that the Solid Waste Advisory Board had to reschedule its Wednesday, July 20, 2011, meeting due to a lack of a quorum. Assembly member Stutes attended a Southwest Alaska Municipal Conference (SWAMC) Board of Directors teleconference meeting on Thursday, July 21, 2011. PUBLIC HEARING A. Ordinance No. FY2012 -02 An Ordinance of the Assembly of the Kodiak Island Borough Placing the Question of the Adoption of a Sales Tax on the October 4, 2011, Regular Election Ballot. JEFFREY moved to adopt Ordinance No. FY2012 -02. At the October 6, 2009, general election, the registered voters of the Kodiak Island Borough approved a $76,310,000 general obligation bond for renovating and additions to the Kodiak High School. The Borough Assembly also established a fund for renewal and replacement of existing capital assets. This fund was being funded with interfund loans from the Facilities Fund which would be paid back over a period of 20 years. To make the payments on these bonds and the renewal and replacement interfund loans, the Borough needed to increase revenues about $4,000,000 per year. This equated to approximately 4 mills. By adopting a sales tax, the general public would help pay for these expenditures, not just the property owners. FRIEND moved to adopt Ordinance No. FY2012 -02 by substitution using the attorney's version. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED FIVE TO ONE: Friend, Fulp, Jeffrey, Kaplan, and Lynch (Ayes); Stutes (No). Mayor Selby opened the public hearing. Janet Wente, Vikki Jo Kennedy, Candy Ozols, Brandi Norkus, and Rhonda Maker spoke against Ordinance No. FY2012 -02. John Whiddon spoke to Ordinance No. FY2012 -02 and suggested that City and Borough officials address how money collected should be allocated for the long -term health of the Kodiak community. Mayor Selby closed the public hearing. JEFFREY moved to amend the substituted attorney's version of Ordinance No. FY2012 -02 to not exceed one percent (1%) for the calendar year, deleting April 1 through September 30. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO TWO: Fulp, Jeffrey, Kaplan, and Friend (Ayes); Lynch and Stutes (Noes). Kodiak Island Borough Assembly Minutes July 21, 2011 Page 945 FRIEND moved to postpone Ordinance No. FY2012 -02 as amended to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FOUR TO THREE: Jeffrey, Kaplan, Fulp, and Selby (Noes); Lynch, Stutes, and Friend (Ayes). ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FOUR TO THREE: Jeffrey, Kaplan, Fulp, and Selby (Ayes); Lynch, Stutes, and Friend (Noes). B. Ordinance No. FY2012 -03 Rezoning Proposed Tracts A, B, and C, Ouzinkie Harbor Subdivision, From R1- Single - Family Residential To I — Industrial (City Of Ouzinkie & Ouzinkie Native Corporation). JEFFREY moved to adopt Ordinance No. FY2012 -03. The City of Ouzinkie requested a replat of three waterfront upland and tideland parcels in order to facilitate the replacement of the existing wood pile dock with a new sheet pile dock that would expand the upland area available for waterfront uses. In the process of reviewing the preliminary plat in Case S11 -009, it was recommended that a rezone be initiated to accommodate the redevelopment of new waterfront and industrial uses as the existing zoning for this area was currently R1- Single- family Residential. The Planning and Zoning Commission initiated the rezone investigation on their own motion as a courtesy to the City of Ouzinkie in response to a written request from the mayor of Ouzinkie. After reviewing the applicable borough plans and holding a required public hearing on the request, the Commission found the request to be consistent with borough and community plans that were applicable to the area. Although there was a designation for "mixed use" in the plan, the current I- Industrial zone appeared to be the best alternative for accommodating the planned waterfront uses and activities. The improvements to the dock facility were being carried out during the construction season so that an expeditious review of this request would help to ensure that zoning was correct for the area before new upland and tideland uses were established once the harbor expansion project was concluded. An effective clause was also recommended by the Commission in order to ensure the application of the new industrial zoning coincided with the filing of the final plat for Tracts A, B, and C, Ouzinkie Harbor Subdivision. On July 11, 2011, thirty -six public hearing notices were mailed to residents and no responses were received. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Friend, Fulp, and Jeffrey. Kodiak Island Borough Assembly Minutes July 21, 2011 Page 946 BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Kodiak Island Borough received notice and paperwork for grants for the following projects that were approved in the 2011 Legislative capital improvement projects list: 1. Anton Larsen Dock - $2 million 2. Chiniak Warning Sign - $45,000 3. Emergency Generators for Schools - $2,182,000 4. New Long -Term Care Facility - Planning and Design — $1,275,000 5. Womens Bay Tsunami /Emergency Shelter Construction - $1,025,000 • He would be out of the office July 25 -27, 2011, to attend an AML /JIA board meeting. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on his attendance at the National Association of Counties Organization (NACO) Annual Conference in Portland, Oregon, July 15 -19, 2011. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2012 -04 Road Maintenance and Repairs, Snow Removal and Sanding, and Small Projects Under $25,000 for KIB Facilities and Grounds. This item was approved under the consent agenda. The Kodiak Island Borough Engineering and Facilities Department advertised for road maintenance and repairs, snow removal and sanding, and small projects for KIB Facilities. Sealed bids were received and opened on June 3, 2011. Bids were received from MK Construction, B & R Fish By Products, and Golden Alaska Excavating. The bid price schedules were reviewed and compared. Each bid was submitted with price quotes for individual pieces of equipment to be used on the projects. The Borough Engineering and Facilities Department recommended awarding the bid to MK Construction. 2. Contract No. FY2012 -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 Road Service Area. Sealed bids were received and opened on June 3, 2011. Bids were received from MK Construction, B & R Fish By Products, and Golden Alaska Excavating. The bid price schedules were reviewed and compared. Each bid was submitted with price quotes for individual pieces of equipment to be used on projects. The bid was provided to the Monashka Bay Road Service Area Board for review and recommendation. The contract named MK Construction as the Contractor of this work, and all invoicing, etc., would be provided through this Contractor. Kodiak Island Borough Assembly Minutes July 21, 2011 Page 947 3. Contract No. FY2012 -06 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. Sealed bids were received and opened on June 3, 2011. 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 specified in the above title. The bid was provided to the Womens Bay Service Area Board for review and recommendation. The contract named MK Construction as the Contractor of the work and all invoicing, etc., would be provided through this Contractor. 4. Contract No. FY2012 -07 Between the Kodiak Island Borough and the Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services for FY2012. This item was approved under the consent agenda. The Kodiak Island Convention and Visitors Bureau (KICVB) provided destination marketing and tourism development for the Kodiak Island Borough for several years through its Marketing Committee. Funding support from the Borough and the City of Kodiak was used to support the KICVB. The Borough funded the KICVB from the Borough's bed tax revenue. This contract renewed this relationship for the 2012 fiscal year. The duties to be accomplished for this period were spelled out in the agreement. 5. Contract No. FY2012 -08 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 Bayview Service Area. Sealed bids were received and opened on June 3, 2011. Bids were received from MK Construction, B & R Fish By Products, and Golden Alaska. The bid price schedules were reviewed and compared. Each bid was submitted with price quotes for individual pieces of equipment to be used on the projects provided above. The bid was provided to the Bayview Road Service Area Board for review and recommendation. The contract named MK Construction as the Contractor of the work and all invoicing, etc., would be provided through this Contractor. Resolutions None. Kodiak Island Borough Assembly Minutes July 21, 2011 Page 948 Ordinances for Introduction 1. Ordinance No. FY2012 -04 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.105 Planning and Zoning Commission Section 2.105.010 Created — Membership; Title 2 Administration and Personnel Chapter 2.145 Solid Waste Advisory Board Section 2.145.010 Created — Membership; Title 3 Revenue and Finance Chapter 3.35 Real Property Tax Section 3.35.050 Board of Equalization; and Title 7 Elections Chapter 7.20 Qualifications of Voters and Candidates Section 7.20.020 Candidate Qualifications. JEFFREY moved to adopt Ordinance No. FY2012 -04 in first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance was requested by Assembly member Stutes to avoid possible or the perception of conflict of interest of employees serving on different boards. The ordinance set the parameters on what those limitations were by keeping in mind that a Borough employee should not be denied the opportunity to serve as a member of a certain Borough board or commission solely by reason of being employed by the Borough. This ordinance provided the specific qualifications for board membership for the Planning and Zoning Commission, Board of Equalization, and Solid Waste Advisory Board. This ordinance also addressed that Borough employees should not be denied the opportunity to serve on Service Area Boards. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUOSLY: Lynch, Stutes, Friend, Fulp, Jeffrey, and Kaplan. Other Items 1. Confirmation of the Assembly Appointment to the Womens Bay Service Area Board. JEFFREY moved to confirm the Assembly Appointment of Mr. Brian Hansz to the Womens Bay Service Area Board for a term to expire October 2013. There was one vacant seat on the Womens Bay Service Area Board with a term to expire October 2013. On May 18, 2011, the Clerk's office received an application from Mr. Brian Hansz for the vacant seat. The Womens Bay Service Area Board met on July 5, 2011 to review applications and the consensus was to recommend the sole applicant for appointment to the vacant seat. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Friend, Fulp, Jeffrey, Kaplan, and Lynch. CITIZENS' COMMENTS None. Kodiak Island Borough Assembly Minutes July 21, 2011 Page 949 • ASSEMBLY MEMBER COMMENTS Assembly member Stutes, Friend, Kaplan, and Jeffrey congratulated award recipients Jeanne Friel, Alan Torres, and Lauri Whiddon. Assembly member Friend thanked Cheryl Boehland for her information on the hawk weed and explained that he voted against Ordinance No. FY2012 -02 because he wanted an opportunity for more information and discussion. Assembly member Fulp reported on the presence of the Russian ship Pallada in Kodiak and she noted the value of the Kodiak swimming pool, parks, and hospital in Kodiak. Assembly member Lynch commented about her trip to Dig Afognak camp. She also requested that future work session agenda items include information on the debt the Borough has incurred including the landfill, along with potential sources of revenue and fees. Assembly member Jeffrey requested information on Borough land sales along with an inventory of private and public land that are available. Announcements Mayor Selby announced that the Assembly work session would be held on Thursday, July 28, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly was scheduled on Thursday, August 4, 2011, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. The meeting was adjourned at 8:59 p.m. - - KODIAK ISLAND BOROUGH ATTEST: Jer• me M. Selby, Mayor I /LI Nova M. Javier, MMI Borough Clerk Approved: September 1, 2011 Kodiak Island Borough Assembly Minutes July 21, 2011 Page 950