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2009-12-03 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, December 3, 2009, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ('JOE) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. *c Regular Meeting of November 5, 2009. 6. AWARDS AND PRESENTATIONS — None. 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. *Resolution No. FY2010 -19 Certifying the FY2010 Shared Fisheries Business Tax Program Application To Be True and Correct. C. Ordinances for Introduction — None. D. Other Items 1. *Declaring a Seat on the Planning and Zoning Commission Vacant. 2. *Declaring a Seat on the Monashka Bay Service Area Board Vacant. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 3. *Declaring a Seat on the Bay View Service Area Board Vacant. 4. *Declaring a Seat on the Parks and Recreation Committee Vacant. 5. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications. 6. Hiring of Assessor at Salary Range 24, Step I. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Parks and Recreation Committee Meetings of October 13, 2009 and October 27, 2009. 2. Womens Bay Service Area Board Meetings of August 4, 2009 and September 1, 2009. B. Reports 1. Kodiak Island Borough School District Board of Education Regular Meeting Summary of October 26, 2009. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting November 5, 2009 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, November 5, 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, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. 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 September 3 and October 15, 2009, and Special Meeting Minutes of October 22, 2009 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented Student of the Month Awards for the month of November 2009 to Nicholas Hoffman, senior at Kodiak High School /KIBSD Learning Center /Correspondence Study and Justin Anderson, senior at Ouzinkie High School. CITIZENS' COMMENTS None. COMMITTEE REPORTS Don Rush, Providence Kodiak Island Medical Center Director expressed appreciation to the Borough for its support and gave an update on the following issues: the new Community Health Center, H1N1 Flu epidemic and its effects on the community, upcoming replacements and renovations to the hospital, the addition of a new Electronic Intensive Care Unit program, and the results of the hospital's quarterly report. Assembly member Jeffrey announced that the next Kodiak Fisheries Advisory Council (KFAC) meeting would be held Thursday, November 12 at 9 a.m., at the Kodiak College. Mayor Selby reported that the Emergency Services Council had met to discuss the H1N1 Flu epidemic and noted that due to the epidemic, the School District was experiencing a high volume of absenteeism. Kodiak Island Borough Assembly Minutes November 5, 2009 Page 1 PUBLIC HEARING A. Resolution No. FY2010 -18 Approving Submission of an Application to the State of Alaska Community Development Block Grant (CDBG) Program to Obtain Funding for the Planning of the Replacement of the Long Term Care Facility in Kodiak. BRANSON moved to adopt Resolution No. FY2010 -18. The Kodiak Island Borough was applying for a grant from the State of Alaska, Department of Commerce Community and Economic Development under the Community Development Block Grant Program (CDBG). The CDBG Program funds up to $850,000 for community development activities which benefit low and moderate income persons in the community. Staff proposed to obtain funds for the planning phase for the replacement of Kodiak's long term care facility. A public hearing was held in connection with the grant application in order to provide the community with the opportunity to voice support for the proposed project or to propose an alternative community interest project that would be eligible for CDBG funding. Mayor Selby opened the public hearing. The following was explained during the public hearing: • Manager Gifford explained what the CDBG program was and explained that CDBG funds could be used for community development projects, planning projects or special economic development projects. It was asked if there were any questions on the types of projects that CDBG funds could be used for. • Manager Gifford gave an example of a proposed project that was currently needed in the community and was required to tell what it was and why it should be chosen for the FY 09 CDBG proposed project. • Mayor Selby called for alternative proposals. Margaret Hall, Margaret Roberts, Jimmy Ng, and Nursing Home Administrator Judy Fine spoke in support of Resolution No. FY2010 -18. Don Rush, Providence Kodiak Island Medical Center (PKIMC) Director spoke in support of Resolution No. FY2010 -18, and stated that the goal was to get the project completed without burdening the community with an increase of taxes. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • The new True Automation (Assessment) software issues dealing with the property tax billings were being addressed and were hoped to be resolved for the next year. • The Borough was looking for interested parties to provide local pictures for the Borough to use for its various publications. Photos could be uploaded to the Borough website and credit would be given to the photographers who allowed the Borough use of their photos. • Proposed Exxon Valdez Oil Spill (EVOS) funding for the new Near Island /Alaska Department of Fish and Game (ADF &G) research facility was not presently on the EVOS Trustee Council November 18 agenda because further information had been requested to help justify the funding request from the Department of Justice. The Borough is working with the ADF &G to provide the requested additional information. The Trustee Kodiak Island Borough Assembly Minutes November 5, 2009 Page 2 Council would meet in January and the additional information would be provided at that time. • Regarding the Solid Waste Collections contract, a Notice of Intent to Award was provided to Alaska Waste. The Code revision review was close to being completed and staff was still in the negotiation process. • Emergency Services Council met regarding the impact of the H1N1 epidemic. Manager Gifford stated that the State intended to distribute additional educational information to inform the public on the guidelines of when to go to the doctor and what should be done if symptoms were present. • Manager Gifford would be out of the office the week of November 15 to attend the Alaska Municipal League annual conferences and meetings. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported that the Fisheries and Oceanic Research Board met on November 2. The Board was working on organizing its goals and objectives and anticipated these to be finalized at the next meeting. Mayor Selby urged everyone to take a moment to be thankful during the upcoming Thanksgiving holiday. UNFINISHED BUSINESS None. NEW BUSINESS A. Reorganization of the Kodiak Island Borough Assembly. 1. Election of Deputy Presiding Officer. FRIEND moved to nominate Assembly member Branson as Deputy Presiding Officer. STUTES moved to close nominations. VOICE VOTE ON MOTION TO CLOSE NOMINATIONS CARRIED UNANIMOUSLY. Mayor Selby closed the nominations and announced that Assembly member Branson won the vote by acclamation. Contracts None. Resolutions 1. Resolution No. FY2010 -13 Deactivating Kodiak Island Borough Clerk's Office as a Passport Acceptance Facility. KAPLAN moved to adopt Resolution No. FY2010 -13. In 1998, Resolution No. 1998 -23 was adopted designating the Borough Clerk's Office as a Passport Acceptance Facility (PAF) to take over the relinquished services of the Alaska State District Court, and the Borough provided this service for more than 10 years. In 2007, the Kodiak Post Office was also designated as a PAF. Due to recent changes to the processing requirements and a reduction of compensation for acceptance facilities, it was determined that it was Tess cost - effective for the Borough to continue providing the service. With the existence of another PAF in the community, the Clerk's Office requested that Resolution No. 1998 -23 be Kodiak Island Borough Assembly Minutes November 5, 2009 Page 3 rescinded and that the Kodiak Island Borough Passport Acceptance Facility be deactivated and services be discontinued effective December 5, 2009. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. 2. Resolution No. FY2010 -14 Urging the Alaska Energy Authority and Alaska State Legislature to Award Grant Funding for Kodiak Electric Association's Terror Lake Unit 3 Hydroelectric Project. JEFFREY moved to adopt Resolution No. FY2010 -14. The Terror Lake Unit 3 Hydroelectric Project was a technically and economically feasible project that Kodiak Electric Association, Inc. (KEA) was able to complete and operate for the long -term benefit of the Kodiak community. Expanding the capacity of the Terror Lake Hydroelectric Facility would provide electrical grid stability needed for additional renewable energy resources that could be developed. KEA submitted a grant application to the Alaska Energy Authority for Renewable Energy Funds to install an additional hydroelectric turbine at the Terror Lake Hydroelectric Facility and hoped to include the Resolution as documentation of community support for the project in the grant application. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. 3. Resolution No. FY2010 -15 Adopting a Federal Capital Improvement Projects (CIP) Priority List for the Federal Fiscal Year 2011. JEFFREY moved to adopt Resolution No. FY2010 -15. The resolution designated the Borough's top six federal capital improvement project priorities for federal fiscal year 2011. These were projects that the Borough forwarded to its congressional delegation in hopes of having the federal government provide part or all of the funding needed to complete the projects. Manager Gifford outlined the projects that were included on the CIP list. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. 4. Resolution No. FY2010 -16 Urging the North Pacific Fishery Management Council (NPFMC) to Retain the Intent of the Current Inshore /Offshore Regulations in Gulf of Alaska Quota Allocation Decisions. KAPLAN moved to adopt Resolution No. FY2010 -16. The resolution was requested by Mayor Selby which would resolve the following: • The Borough urged that the NPFMC should set policy to preserve present participation of coastal fishing communities by regulating inshore and offshore floater processors as they were being regulated. • The Borough endorsed the "no mothership" processing option in the Central Gulf Of Alaska (GOA) for all federal groundfish species and a 1% cod cap in Western GOA. • The Borough endorsed the provision for a stationary floating processer to operate in up to three geographical locations inside city municipal boundaries for the CQE Kodiak Island Borough Assembly Minutes November 5, 2009 Page 4 communities listed in the motion with an annual quota cap per processor on total volume processed. • That any change of allocation away from inshore processing was to be subjected to extensive analysis of economic impact to the onshore communities prior to adoption to assure that there was no negative impact to coastal communities. Mayor Selby provided additional information on reasons for generating the resolution. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. 5. Resolution No. FY2010 -17 Authorizing the Submission of a Grant Application to the Alaska Energy Authority Renewable Energy Fund Grant Recommendation Program, Round III for a Resource Assessment and Feasibility Study for the use of Renewable Energy Resources in the Kodiak High School. BRANSON moved to adopt Resolution No. FY2010 -17. The resolution provided approval for the submission of an application to the Alaska Energy Authority Renewable Energy Fund Grant Program, Round III. The grant program was a competitive program for the purpose of recommending grants for renewable energy projects to be funded by the Alaska State Legislature. The intent in applying for the grant was to obtain funding to explore the feasibility of employing alternative energy use in the Kodiak High School within the high school renovation and expansion project approved by voters during the October 6, 2009 election. STUTES moved to amend Resolution No. FY2010 -17 with the corrected version. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. Ordinances for Introduction None. Other Items Mayor Selby recessed the regular meeting and convened the Board of Adjustment at 8:50 p.m. 1. BOARD OF ADJUSTMENT An Appeal of the Planning and Zoning Commission's decision (Case No. 09 -022) to deny a variance to allow an existing 24 by 24 foot two -story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One Zoning District. (Appellant: Stephen Schrof) Mayor Selby announced that 29 appeal hearing notices were mailed. Three written comments were returned and provided to the Board of Adjustment. Mayor Selby announced that the Board of Adjustment would decide the appeal upon the appeal record and the written and oral argument presented on the appeal. At the hearing before the Board of Adjustment, only persons who had submitted written argument on the appeal, testified Kodiak Island Borough Assembly Minutes November 5, 2009 Page 5 before the Commission, or submitted written comments to the Commission were allowed to give oral argument. He outlined the order of the oral argument and announced that rebuttal would be limited to new evidence and testimony brought forward during private persons' comments. Mayor Selby also noted that failure to observe the above procedures in the hearing would not affect the validity of the decision as long as the appellant had a reasonable opportunity to be heard. Mayor Selby announced that the following persons would be allowed to present oral argument on the appeal: Persons who had submitted written argument on the appeal: Cheryl McNeil Neil Moomey Carrie Worton Testified before the Commission: Mickey Crawford Submitted written comments to the Commission: Mickey Crawford The order of oral argument was as follows: 1. Borough staff represented by Community Development Department Associate Planner Duane Dvorak and Planning and Zoning Commissioner Casey Janz. Community Development Department (CDD) Associate Planner Dvorak gave a brief overview of the case and stated it was staffs recommendation to approve the appellant's variance based on ample justification in the lot configuration, topography, and past code applications. At the Planning and Zoning Commission meeting of August 19, 2009, an adjacent property owner brought forth storage and property boundary issues and the motion to approve the variance was failed by the Commission. The Findings of Fact were postponed and item three of the Findings was amended; per Borough code all three standards needed to be met in order to grant the variance. Planning and Zoning Commissioner Casey Janz stated it was important to address the concerns of the adjoining property owner Ms. Mickey Crawford; therefore, she voted against the granting of the variance at the hearing. Assembly member Fulp questioned if anything had been grandfathered -in for the variance. Commissioner Janz stated that there were grandfather clauses within the variance; however, the concerns of Ms. Crawford were not in regards to the variance but that of storage of equipment within the boundaries of her property. Assembly member Stutes inquired if the storing of items encroaching onto Ms. Crawford's property had been verified by the Commission. Commissioner Janz stated that there had not been an opportunity to verify the encroaching items prior to the Commission hearing when these concerns were brought forth to the Commission and the option to postpone the vote until the items could be investigated was unacceptable. Assembly member Fulp asked for elaboration on the grandfather clause from CDD Associate Planner Dvorak. Mr. Dvorak gave further information on the setbacks, shape, and size of the property. By researching the history of the original house and the original ordinance that was in place at the time of issuance of the original building permit, staff recognized the designations Kodiak Island Borough Assembly Minutes November 5, 2009 Page 6 and setbacks as the grandfather rights of the existing structure. Mr. Dvorak recommended that the variance of the existing property and the new proposed addition be granted together so that it all came together under one variance. 2. Appellant: 10 minutes - (Stephen Schrof) Mr. Stephen Schrof referred to the Planning and Zoning Commission meeting minutes of August 19, 2009, page 2 of 4, and stated that the proposed postponement was not to determine if personal property was being stored on Ms. Crawford's adjoining property but that Ms. Crawford wanted Mr. Schrof to pay for the re- surveying of the lot boundaries. Mr. Schrof referred to an email from Ms. Crawford stating that she was unsure of where the property lines existed. Mr. Schrof stated that photos were included in his original packet which addressed the concerns of the storage of equipment on the adjoining neighbor's property line, showing that there was no encroachment of personal property on his neighbor's property. Mr. Schrof read appeal letter into the record. 3. Private person supporting the appeal: 10 minutes None. 4. Private person opposing the appeal: 10 minutes None. 5. Appellant, for rebuttal: 10 minutes - (Stephen Schrof) Mayor Selby ruled to waive the rebuttal portion of the hearing since no new evidence was provided by either supporting or opposing sides. Assembly member Fulp asked what hardships would exist if the addition were to be developed in another way. Mr. Schrof described the existing features of his property. Due to sloping issues, additional materials would be necessary and there would be substantial costs to excavate and stabilize the land. It would also be necessary to reroute the driveway in order to access the addition. Assembly members Branson, Friend, Lynch, and Stutes spoke in agreement with CDD staff recommendations on the case. Mayor Selby announced that the Findings of Fact were to be based on the discussion and asked that staff give clear direction on the Findings of Fact. Per KIBC, the Board of Adjustment would either affirm or reverse the decision of the Commission in whole or in part. If the Board of Adjustment failed to approve the reversal of the Commission's decision, the decision would be considered affirmed. JEFFREY moved to Reverse in Whole the Planning and Zoning Commission's decision to deny a variance to allow an existing 24 by 24 foot two -story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One Zoning District. (Appellant: Stephen Schrof). ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. BRANSON moved to postpone the Findings -of -Fact of the Board of Adjustment on the Planning and Zoning Commission's decision to deny a variance to allow an existing 24 by 24 foot two- Kodiak Island Borough Assembly Minutes November 5, 2009 Page 7 story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One Zoning District to the next regular meeting of the Assembly. (Appellant: Stephen Schrof) ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. FRIEND moved to adopt the Findings -of -Fact as stated by Community Development Department staff report of August 19, 2009, on Case 09 -022. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. Mayor Selby reconvened the regular meeting at 9:40 p.m. LYNCH moved to refund the appellant the fee associated with the appeal hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. 2. Approval of the Kodiak Island Borough Assembly 2010 Meeting Schedule. This was approved under the consent agenda. It was the Assembly's duty to approve the meeting schedule for the upcoming year. The recommended meeting schedule was created based on KIBC 2.30.030 and the January 2010 schedule which was approved by the Assembly at its regular meeting of November 6, 2008. 3. Declaring a Seat on the Solid Waste Advisory Board Vacant. BRANSON moved to accept, with regret, the resignation of Mr. Barry Altenhof for a term to expire December 2011 from the Solid Waste Advisory Board (SWAB) effective November 19, 2009 and directed the Borough Clerk to advertise the vacancy per Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. 4. Mayoral Appointments of Assembly Representatives to Boards and Committees. FRIEND moved to confirm the Mayoral appointments of Assembly member representatives to Boards, Committees, Commissions, and Councils as follows: Architectural Review Board Joint Building Code Review Committee Kodiak College Council Kodiak Fisheries Advisory Committee Parks and Recreation Committee Providence Health System Service Area Board Providence Kodiak Island Counseling Center Advisory Council School District Budget Advisory Committee School District Facilities Review Committee School District Strategic Planning Committee Jerrol Friend Jerrol Friend Judy Fulp Sue Jeffrey Dave Kaplan Pat Branson Louise Stutes Dave Kaplan Chris Lynch Sue Jeffrey Kodiak Island Borough Assembly Minutes November 5, 2009 Page 8 Solid Waste Advisory Board Chris Lynch ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. CITIZENS' COMMENTS Stephen Taufen thanked the Assembly for Resolution No. FY2010 -16. Stephen Schrof thanked the Assembly for its time on the appeal. ASSEMBLY MEMBER COMMENTS Assembly members congratulated the Students of the Month for November. Assembly member Lynch commended PKIMC for its efforts for the community and expressed appreciation to Mr. Altenhof for his service on the SWAB. Assembly member Stutes expressed appreciation for Mr. Rush's presentation to the Assembly and reported that PKIMC was also pursuing a hospice program. Assembly member Stutes asked Manager Gifford if the final Solid Waste Collection contract would come before the Assembly for approval and Manager Gifford responded that it would. Assembly member Friend thanked the Planning and Zoning Commission and staff for their effort on the appeal and wished everyone a Happy Thanksgiving. Assembly member Jeffrey expressed appreciation to be able to support several items on the agenda that will improve conditions for the community in the long -term and expressed an interest in current fisheries issues and challenges facing the industry. Assembly member Fulp spoke against hiring a Kodiak representative to the North Pacific Fishery Management Council. She congratulated Ms. Janet Buckingham for making the Alaska Tourism Industry Board, and wished everyone a Happy Thanksgiving. Assembly member Branson thanked the Assembly for electing her as Deputy Presiding Officer and wished everyone a Happy Thanksgiving. Announcements Mayor Selby announced that the Borough offices would be closed on Wednesday, November 11, 2009, in observance of the Veterans Day holiday. The Assembly work session scheduled for Thursday, November 12, 2009 and the regular meeting scheduled for Thursday, November 19, 2009 had been cancelled. The Borough Clerk's Office would be closed November 16, 17, and 18 and would reopen for business on Thursday, November 19 at 8 a.m. The Mayor and members of the Assembly would be traveling to Anchorage November 17 -21 to attend the Alaska Municipal League Conference. The Borough offices would be closed Thursday, November 26 and Friday, November 27, in observance of the Thanksgiving holiday. The next Assembly work session would be held on Tuesday, December 1, 2009 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, December 3, 2009 at 7:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Minutes November 5, 2009 Page 9 ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. The meeting adjourned at 9:50 p.m. Nova M. Javier, MMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes November 5, 2009 Page 10 TITLE: SUMMARY: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 3, 2009 REGULAR MEETING Resolution No. FY2010 -19 Certifying the FY2010 Shared Fisheries Business Tax Program Application To Be True and Correct. AS 29.60.450 requires that for a municipality to participate in the FY2010 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Community and Economic Development that the municipality suffered significant effects during calendar year 2008 from fisheries business activities. The Department of Community and Economic Development has prepared specific application forms for the purpose of presenting the municipality's claims as to the significant effects suffered by the municipality during calendar year 2008. 3AAC 134.100 requires the goveming body of the municipality to include with the municipality's FY2010 program application an approved resolution certifying the information contained in the application to be true and correct. This resolution certifies the information contained in the Kodiak Island Borough FY2010 Shared Business Tax Program application to be true and correct. RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -19. ITEM NO. 13.B.1 1 Introduced by: Manager Gifford 2 Requested by: Finance Director 3 Drafted by: Finance Director Introduced on: 12/03/2009 4 Adopted on: 5 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2010 -19 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 CERTIFYING THE FY2010 SHARED FISHERIES BUSINESS TAX PROGRAM 12 APPLICATION TO BE TRUE AND CORRECT 13 14 WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY2010 15 Shared Fisheries Business Tax Program, the municipality must demonstrate to the 16 Department of Community and Economic Development that the municipality suffered 17 significant effects during calendar year 2008 from fisheries business activities; and 18 WHEREAS, the Department of Community and Economic Development has prepared 19 specific application forms for the purpose of presenting the municipality's claims as to the 20 significant effects suffered by the municipality during calendar year 2008; and 21 WHEREAS, 3AAC 134.100 requires the governing body of the municipality to include with 22 the municipality's FY2010 program application an approved resolution certifying the 23 information contained in the application to be true and correct; 24 25 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH that this resolution certifies that the information contained in the Kodiak Island 27 Borough FY2010 Shared Fisheries Business Tax Program Application to be true and correct 28 to the best of our knowledge. 29 30 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 31 THIS DAY OF DECEMBER 2009 32 33 34 KODIAK ISLAND BOROUGH 35 36 37 38 Jerome M. Selby, Borough Mayor 39 40 ATTEST: 41 42 43 44 Nova M. Javier, MMC, Borough Clerk 45 Kodiak Island Borough, Alaska Resolution No. FY2010 -19 Page 1 of 1 STANDARD METHOD APPLICATION for the FY10 SHARED FISHERIES BUSINESS TAX PROGRAM Name of Municipality: Kodiak Island Borough Address: 710 Mill Bay Road Kodiak, AK 99615 Contact Person: Karl Short Phone Number: 907 - 486 -9320 Total # of Significant Effects Claimed: 5 Total $ of Significant Effects Claimed: $ 34,518,027 Return this cover page along with Declaration of Significant Effects forms and resolution to: Department of Community and Economic Development Division of Community Advocacy Shared Fisheries business Tax Program PO Box 110809 Juneau, AK 99811 -0809 FY 10 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: The Kodiak Island Borough provides a wide variety of services for the community including the fishing industry. The general fund includes administrative functions such as the Clerks Office, Finance and Assessing, Borough Manager, School District support, plus transfers to other entities. This is the core unit of the Borough and its general administration. 2. Significant effect (municipal expenditure) made necessary during 2008 by the fisheries business activity listed in # 1 4,531,396 3. Municipal expenditure is: • actual: • determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2008 expenditures 100% fisheries related ($0 X 1.00) $ 0 .00 Total calendar year 2008 expenditures at 64% fisheries related ($4,900,454 X .64) $ 3.136,291 Total effect $ 3,136,291 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? Yes • No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough wrote a query that accessed all of the calendar year 2008 transactions on our AS400 computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. FY 10 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: Special Revenue funds of the Kodiak Island Borough provide a wide variety of services to the community including the fishing industry. Special Revenue funds account for activities such as building & grounds support, coastal management, education, road maintenance, fire protection, and street lighting. 2. Significant effect (municipal expenditure) made necessary during 2008 by the fisheries business activity listed in # 1 $ 15,149,133.00 3. Municipal expenditure is: • actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2008 expenditures 100% fisheries related ($0 X 1.00) $ 0.00 Total calendar year 2008 expenditures at 64% fisheries related ($15,149,133 X .64) $ 9695,445 Total effect $ 9,695,445 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? Yes ❑ No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough wrote a query that accessed all of the calendar year 2008 transactions on our AS400 computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. FY 10 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: Debt service funds provide two main services to the residents of the Kodiak Island Borough at this time. They make payments on the bond issues that were sold to expand the hospital and to expand and build new schools. 2. Significant effect (municipal expenditure) made necessary during 2008 by the fisheries business activity listed in # 1 $1,683,018 3. Municipal expenditure is: • actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2008 expenditures 100% fisheries related ($X 1.00) $ 0.00 Total calendar year 2008 expenditures at 64% fisheries related ($1,889,764 X .64) $ 1.209.449 Total effect $ 1,209,449 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? Yes • No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough wrote a query that accessed all of the calendar year 2008 transactions on our AS400 computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly FY 10 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: The Kodiak Island Borough provides a wide variety of services for the community including the fishing industry. Capital projects includes repairs on school buildings, roads, boat ramps, and other capital expenditures 2. Significant effect (municipal expenditure) made necessary during 2008 by the fisheries business activity listed in # 1 $16,807,115 3. Municipal expenditure is: • actual: • determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2008 expenditures 100% fisheries related ($0 X 1.00) $ 0.00 Total calendar year 2008 expenditures at 64% fisheries related ($16,807,115) $ 14,143,568 Total effect $ 14,143,568 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? Yes • No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough wrote a query that accessed all of the calendar year 2008 transactions on our AS400 computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. FY 10 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: The Kodiak Island Borough provides a wide variety of services for the community including the fishing industry. Enterprise Funds include Solid Waste collection and disposal, the Kodiak Fisheries Research Facility, and 911 funding. 2. Significant effect (municipal expenditure) made necessary during 2008 by the fisheries business activity listed in # 1 $ 8,624,711 3. Municipal expenditure is: • actual: • determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2008 expenditures 100% fisheries related ($2,259,611 X 1.00) $ 2,259,611 Total calendar year 2008 expenditures at 64% fisheries related ($6,365,100X .64) $ 4,.073,664 Total effect $ 6,333,275 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? Yes • No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough wrote a query that accessed all of the calendar year 2008 transactions on our AS400 computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. TITLE: Declaring a Seat on the Planning and Zoning Commission Vacant. SUMMARY: On February 19, 2009, Ms. Jennifer Vickstrom was appointed to the Planning and Zoning Commission City seat for a term to expire December 2011. It was recently determined by staff that during her term, Ms. Vickstrom has missed one -half of the meetings held during the 2009 calendar year. Per Borough Code a seat must be automatically vacated if any member of a board misses one -half of the meetings held within a calendar year. 2.100.070 Vacancies. B. If a member of the board, committee, or commission misses one -half of the meetings held in any year of his or her term in office, each year between January 1st and December 31st, the seat shall be automatically vacated. D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 3, 2009 REGULAR MEETING ITEM NO: 13.D.1 RECOMMENDED MOTION: Move to declare the City seat held by Ms. Jennifer Vickstrom on the Planning and Zoning Commission for a term to expire December 2011 vacant and direct the Borough Clerk to advertise the vacancy per Borough code. Form Ver. 06/30/2009 August ..............:................ September October November December P Cancelled Meetin ®s'' D King B Watkins C. anz B Kersch A Torres J Vickstram L. Ryser :.a¢e..�amrreaxxmma+ - .ci,.a.£ d.. Y:& 'e�`.�a k --,. -, e,._ .:� "•«:.k:,�sn%'dY .fix <v?. >.. _ ...< - ,...., anuary P P P E P N/A N/A February P P P P P P N /A March P P P P P E N/A N/A N/A N/A NAME Casey Janz (B) 10674 Chiniak Dr. Kodiak, AK 99615 William Kersch (C) 1812 Mission Road Kodiak, AK 99615 David King (8) (Chair) 2009 PO Box 3634 Kodiak, AK 99615 Brent Watkins (C) 2010 486 -1717 307 Childs Drive Kodiak, AK 99615 B= Borough Seat C =City Seat KODIAK ISLAND BOROUGH NG COMMISSION TERM HOME WORK CELL PHONE PHONE PHONE 2009 487 -4055 942 -2146 2009 486 -4854 715 - 475 -8336 Lori Ryser (B) 2011 486 -5490 486 -1829 PO Box 8908 Kodiak, AK 99615 Alan Torres (B) 2010 486 -0217 486 -9345 2746 E. Rezanof Dr. Kodiak, AK 99615 Jennifer Vickstrom (C) 2011 486 -7622 486 -4804 PO Box 318 Kodiak, AK 99615 487 -0250 654 -0587 This commission is governed by Kodiak Island Borough Code 2.105 486 -9363 bcassidy(6 kodiakak.us 488 -9363 ddvorak @kodiakak.us 486 -9363 ssmithCcakodiakak.us EMAIL cianzaptialaska. net williamusosa.vahoo.com (H)dkingak gci.net (W)david kinq(fws.gov rlryser arii.torresa.vahoo.com jennvvic68a.yahoo.com brentski22a.vahoo.com Revision Date: 11/23/2009 Revised by: JK TITLE: Declaring a Seat on the Monashka Bay Service Area Board Vacant. SUMMARY: Mr. Bruce McNeil, Mr. David Sundberg, and Mr. Don Fox each received 3 write -in votes at the last election. Drawn by lot, Mr. Sundberg was voted in to the seat. Mr. Sundberg provided verbal notice declining to assume the duties of the Monashka Bay Service Area Board seat. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 3, 2009 REGULAR MEETING ITEM NO: 13.D.2 RECOMMENDED MOTION: Move to accept the declination notice provided by Mr. David Sundberg and declare the seat on the Monashka Bay Service Area Board to expire October 2012 vacant and direct the Borough Clerk to advertise the vacancy per Borough Code. NAME Andrew Devries 2653 Devil's Prong Kodiak, AK 99615 Chaz Glagolich PO Box 2826 Kodiak, AK 99615 Darlene Turner 2046 Three Sisters Way Kodiak, AK 99615 KODIAK ISLAND BOROUGH Vacant 2010 Vacant (Pending) 2012 HOME WORK PHONE PHONE 2010 486 -1422 487 -5808 ext.1 TERM 2011 486 -6930 486 -6930 2012 486 -6390 481 -6390 This board is governed by Kodiak Island Borough Code 4.60 D SERVICE AREA BOARD EMAIL andrewdevries52Ahotmail.com chazman(a ptiaiaska.net darlene4asmilingbear.com Revision Date: 11/23/2009 Revised by: JK TITLE: Declaring a Seat on the Bay View Service Area Board Vacant. SUMMARY: Mr. Reed Oswalt received 6 write -in votes at the last election. Mr. Oswalt currently holds a seat on the board for a term to expire October 2011. Mr. Oswalt provided verbal notice declining to assume the duties of the Bay View Service Area Board seat for a term to expire 2012. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 3, 2009 REGULAR MEETING ITEM NO: 13.D.3 RECOMMENDED MOTION: Move to accept the declination notice provided by Mr. Reed Oswalt and declare the seat on the Bay View Service Area Board to expire October 2012 vacant and direct the Borough Clerk to advertise the vacancy per Borough Code. Form Ver. 06/30/2009 TERM HOME WORK FAX NO. PHONE PHONE Dawn Black, Corres. Sec. 2010 486 -4666 486 -5516 486 -3818 PO Box 1912 (fax) Kodiak, AK 99615 NAME KODIAK ISLAND BOROUGH Reed Oswalt 2011 486 -4486 486 -4514 PO Box 722 (fax) Kodiak, AK 99615 Jim Schauff 2012 486 -4412 PO Box 8150 Kodiak, AK 99615 Vacant 2010 Vacant (Pending) 2012 This board is governed by Kodiak Island Borough Code 4.90 ICE AREA BOARD EMAIL mroswalta.alaska.com kkschauffc gci.net Revision Date: 11/23/2009 Revised by: JK TITLE: Declaring a Seat on the Parks and Recreation Committee Vacant. SUMMARY: Mr. Kevin Foster submitted the attached letter of resignation from the Parks and Recreation Committee on November 12, 2009, for a term to expire December 2011. 2.100.070 Vacancies. A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 3, 2009 REGULAR MEETING ITEM NO: 13.D.4 RECOMMENDED MOTION: Move to accept, with regret, the resignation of Mr. Kevin Foster from the Parks and Recreation Committee for a term to expire December 2011 and direct the Borough Clerk to advertise the vacancy per Borough Code. Form Ver. 06/30/2009 d -� c %eh.�.z / ZDO fe 66'4,7 A-5 /1'7 4- di /s4,7d /0/ e/ /1-1a . 4 Z' ed (D/h r)2 I N ov 1 2. 2009 c� /7ei ( OP 7 Pam Foreman (Vice Chair) 1637 Three Sisters Way Kodiak, AK 99615 Kevin Foster PO Box 3693 Kodiak, AK 99615 Jeff Huntley 1015 Pine Crescent Kodiak, AK 99615 Rick Lindholm PO Box 474 Kodiak, AK 99615 Patrick Saltonstall PO Box 3553 Kodiak, AK 99615 Andy Schroeder PO Box 301 Kodiak, AK 99615 Mike Sirofchuck (Chair) PO Box 970 Kodiak, AK 99615 Hans Tschersich 1423 Baranof St. Kodiak, AK 99615 Sandra West 2474 Spruce Cape Road Kodiak, AK 99615 KODIAK ISLAND BOROUGH E I R I T I <S AND NAME Roster continued on the next page.... RECREATION COMMITTEE TERM HOME WORK CELL EMAIL PHONE PHONE PHONE 2010 486 -2588 486 -5557 pam(c�kodiak.orq 2011 486 -0283 481 -2922 539 -2594 saltrycove(a�yahoo.com 2009 486 -4013 486 -7620 mhuntley@,,ptialaska.net 2011 486 -8297 486 -8111 rickl(a kiha.orq 2009 486 -2634 486 -7004 pgsalton(a�gci.net 2010 481 -1121 539 -1979 aschroeder(a,gci.net 2011 486 -6498 486 -1203 rakenscrape(ahotmail.com 2009 486 -5648 486 -9521 xrayhans(a�yahoo.com 2010 486 -5303 487 -5310 539 -6429 sandra.w.west(@,uscq.mil x144 NON - VOTING EX- OFFICIOS Assembly Representative 486 -1711 486 -1711 david .kaplan(a�assembly.kodiakak.us Dave Kaplan 418A Lilly Drive Kodiak, AK 99615 State Representative Kevin Murphy 486 -4688 486 -6352 kevin.murphy(o?alaska.gov 1400 Abercrombie Drive Kodiak, AK 99615 Revision Date: 11/23/2009 Revised by: JK KODIAK ISLAND BOROUGH PARKS AND RECREATION COMMITTEE NAME City Parks & Rec. Representative Ian Fulp 410 Cedar Street Kodiak, AK 99615 School Board Representative Peggy Rauwolf 3571 Patrick Court Kodiak, AK 99615 Planning and Zoning Commission Representative Casey Janz 10674 Chiniak Dr. Kodiak, AK 99615 Planning and Zoning Commission Representative — Alternate Brent Watkins 307 Childs Drive Kodiak, AK 99615 CDD DIRECTOR, BUD CASSIDY ASSOCIATE PLANNER /LRP, DUANE DVORAK CDD SECRETARY, SHEILA SMITH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD ROOM 205 KODIAK, AK 99615 TERM HOME PHONE 486 -9363 486 -9363 486 -9363 486 -8812 487 -4055 486 -1717 WORK PHONE 486 -8670 This committee is governed by Kodiak Island Borough Code 2.120 STAR bcassidy @kodiakak.us ddvorak(a.kodiakak.us ssmithAkodiakak.us CELL PHONE 942 - 2146 EMAIL ifulp((,city.kodiak.ak.us prauwolf gci.com cjanz brentski22 yahoo.com Revision Date: 11/23/2009 Revised by: JK TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 3, 2009 REGULAR MEETING ITEM NO: 13.D.5 State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications Within the Kodiak Island Borough Jurisdiction. SUMMARY: 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal; and 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business. B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Alcoholic Beverage Control Board of continued non - objection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly After the Clerk's office routine investigation, no protests were made as indicated on the attached spreadsheet. APPROVAL FOR AGENDA RECOMMENDED MOTION: Move to voice non - protest to the State of Alaska Alcoholic Beverage Control Board renewal requests indicated on the spreadsheet provided. Lic. # DBA License Type Location Licensee Protest Yes No Comments No. of Trouble Reports - Police Dept. 2 -Year Time Span 57 American Legion Post #17 Club 314 Center Avenue American Legion Robert G Blair Post #17 x 9 1211 Village Bar Beverage Dispensary 408 Marine Way Wade Ball Inc. x 25 2611 Sizzler Burger & Peking Restaurant Restaurant/Eating Place 116 W. Rezanof Drive Sook C. Yun Kim x 1 3293 Second Floor Restaurant Restaurant/Eating Place 116 W. Rezanof Drive Sook C Yun Kim x 0 3932 Alaska Wilderness Wines Winery 498 Shearwater Lisa & Steven Thomsen x N/A 4044 Liquor Cabinet/Cost Savers Package Store 2161 Mill Bay Road Liquor Cabinet Inc. x 1 LIQUOR LICENSE RENEWALS - 2010 \\ dove \users \mmcfarland \SharePoint Drafts \13.D.5 Liquor License Renewal Back - up.docx TITLE: Hiring of Assessor at Salary Range 24, Step I. SUMMARY: On September 25, 2009, the Assessor position became vacant. After advertising, reviewing applications, and interviewing, the review panel has chosen a local candidate they feel is most qualified to fill the position of Assessor for the Kodiak Island Borough Assessing Department. According to Section 409 "Entrance Wage Rate" of the Kodiak Island Borough Personnel Manual, "the Department Head, subject to managerial approval, may place a new employee above the start rate, when such placement is a result of the new employee's directly applicable work experience and credentials. Assembly approval is required for any starting placement above Step C." We are recommending the hire of an applicant who we feel meets the requirements of the position of Assessor. The applicant's credentials are excellent, and his work history and experience significantly fulfill the requirements necessary to perform the essential duties and responsibilities of this executive position. Additionally, this applicant is a long -term Kodiak resident and whose 20 plus years of experience in the field of appraisal and assessing make him an excellent candidate for what we hope to be a smooth, successful transition to the Borough position and the Assessing Department. Based on the qualifications and work experience of this applicant, the 20 plus years of experience in the related field, and in our effort to hire the best qualified person for this position, I recommend this applicant be hired at Range 24, Step I of the salary scale. FISCAL NOTES: Account No.: 100 - 130 - 410 -110 Amount Budgeted: $145,470.00 Expenditure Required: $130,470.00 APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the salary placement of Assessor new hire at Salary Range 24, Step I. Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 3, 2009 REGULAR MEETING ITEM NO: 13.D.6 Kodiak Island Borough Schedule of Pay Rates A B C D E F G H I J K L M 22.50 A 63,654 65,245 66,876 68,548 70,262 72,018 73,819 75,664 77,556 79,495 81,482 83,519 85,607 H 30.6027 31.3678 32.1520 32.9558 33.7797 34.6242 35.4898 36.3770 37.2864 38.2186 39.1741 40.1535 41.1573 23.00 A 65,245 66,876 68,548 70,262 72,018 73,819 75,664 77,556 79,495 81,482 83,519 85,607 87,747 H 31.3678 32.1520 32.9558 33.7797 34.6242 35.4898 36.3770 37.2864 38.2186 39.1741 40.1535 41.1573 42.1862 23.50 A 66,876 68,548 70,262 72,018 73,819 75,664 77,556 79,495 81,482 83,519 85,607 87,747 89,941 H 32.1520 32.9558 33.7797 34.6242 35.4898 36.3770 37.2864 38.2186 39.1741 40.1535 41.1573 42.1862 43.2409 24.00 A 68,548 70,262 72,018 73,819 75,664 77,556 79,495 81,482 83,519 85,607 87,747 89,941 92,190 H 32.9558 33.7797 34.6242 35.4898 36.3770 37.2864 38.2186 39.1741 40.1535 41.1573 42.1862 43.2409 44.3219 24.50 A 70,262 72,018 73,819 75,664 77,556 79,495 81,482 83,519 85,607 87,747 89,941 92,190 94,494 H 33.7797 34.6242 35.4898 36.3770 37.2864 38.2186 39.1741 40.1535 41.1573 42.1862 43.2409 44.3219 45.4299 25.00 A 72,018 73,819 75,664 77,556 79,495 81,482 83,519 85,607 87,747 89,941 92,190 94,494 96,856 H 34.6242 35.4898 36.3770 37.2864 38.2186 39.1741 40.1535 41.1573 42.1862 43.2409 44.3219 45.4299 46.5656 25.50 A 73,819 75,664 77,556 79,495 81,482 83,519 85,607 87,747 89,941 92,190 94,494 96,856 99,278 H 35.4898 36.3770 37.2864 38.2186 39.1741 40.1535 41.1573 42.1862 43.2409 44.3219 45.4299 46.5656 47.7297 26.00 A 75,664 77,556 79,495 81,482 83,519 85,607 87,747 89,941 92,190 94,494 96,856 99,278 101,760 H 36.3770 37.2864 38.2186 39.1741 40.1535 41.1573 42.1862 43.2409 44.3219 45.4299 46.5656 47.7297 48.9229 26.50 A 77,556 79,495 81,482 83,519 85,607 87,747 89,941 92,190 94,494 96,856 99,278 101,760 104,304 H 37.2864 38.2186 39.1741 40.1535 41.1573 42.1862 43.2409 44.3219 45.4299 46.5656 47.7297 48.9229 50.1460 27.00 A 79,495 81,482 83,519 85,607 87,747 89,941 92,190 94,494 96,856 99,278 101,760 104,304 106,911 H 38.2186 39.1741 40.1535 41.1573 42.1862 43.2409 44.3219 45.4299 46.5656 47.7297 48.9229 50.1460 51.3997 27.50 A 81,482 83,519 85,607 87,747 89,941 92,190 94,494 96,856 99,278 101,760 104,304 106,911 109,584 H 39.1741 40.1535 41.1573 42.1862 43.2409 44.3219 45.4299 46.5656 47.7297 48.9229 50.1460 51.3997 52.6847 28.00 A 83,519 85,607 87,747 89,941 92,190 94,494 96,856 99,278 101,760 104,304 106,911 109,584 112,324 H 40.1535 41.1573 42.1862 43.2409 44.3219 45.4299 46.5656 47.7297 48.9229 50.1460 51.3997 52.6847 54.0018 28.50 A 85,607 87,747 89,941 92,190 94,494 96,856 99,278 101,760 104,304 106,911 109,584 112,324 115,132 H 41.1573 42.1862 43.2409 44.3219 45.4299 46.5656 47.7297 48.9229 50.1460 51.3997 52.6847 54.0018 55.3518 29.00 A 87,747 89,941 92,190 94,494 96,856 99,278 101,760 104,304 106,911 109,584 112,324 115,132 118,010 H 42.1862 43.2409 44.3219 45.4299 46.5656 47.7297 48.9229 50.1460 51.3997 52.6847 54.0018 55.3518 56.7356 29.50 A 89,941 92,190 94,494 96,856 99,278 101,760 104,304 106,911 109,584 112,324 115,132 118,010 120,960 H 43.2409 44.3219 45.4299 46.5656 47.7297 48.9229 50.1460 51.3997 52.6847 54.0018 55.3518 56.7356 58.1540 Effective 1/1/2009 Page 3 PARKS & RECREATION COMMITTEE OCTOBER 13, 2009 REGULAR MEETING NOV 1 9 2009 MINUTES CALL TO ORDER CHAIR SIROFCHUCK called to order the October 13, 2009 Parks & Recreation Regular meeting to order at 7:00 p.m. ROLL CALL Committee members present were Mike Sirofchuck, Pam Foreman, Hans Tschersich, Kevin Foster, Jeff Huntley, Andy Schroeder, and Sandra West. Excused members were Patrick Saltonstall and Rick Lindholm. Ex Officio members present were Kevin Murphy, Dave Kaplan, and Dave King (attended as P&Z rep). A quorum was established. COMMITTEE MEMBER SCHROEDER MOVED to excuse Patrick Saltonstall and Rick Lindholm. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMITTEE MEMBER WEST stated she would like to add discussion on the trails inventory and Alta as New Business item D. COMMITTEE MEMBER WEST MOVED to approve the agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY MINUTES OF PREVIOUS MEETINGS COMMITTEE MEMBER SCHROEDER said in Old Business item B, 3rd line down on page 2 should say Monashka Bay to Neva Cove instead of inaudible. VICE CHAIR FOREMAN MOVED to approve the September 15, 2009 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS John Miller, Chiniak resident submitted written comments (included in packet) and spoke opposing shooting between the roadway and the water. Most people are responsible but it's the young people that are causing the problems. He expressed he is not attempting to infringe on rights to own or bear arms; it is how you use arms is the question. People fire guns when he's out in the woods or on the beach in Chiniak, and he has no insurance that they are responsible. He cited examples of ordinances the borough could possibly pass: no discharge of weapons from road to water from Chiniak to Monashka, with the exception of duck hunting by persons with a hunting license during hunting season; discharge of firearms is allowed on private property with permission and under the supervision of the property owner. You can't shoot on Leisnoi land and the borough could make it illegal to shoot on borough land, and the state owns some land OLD BUSINESS There was no old business. 1 NEW BUSINESS A) Shooting issues Members of the public present were Bill Hoyt, KISA board member and avid shooter; Jill Lipka, hiker; Joseph Litka, hiker and mountain biker; Don Dumm, shooting enthusiast; Chief Sean Haughey, Military Police Security Chief, USCG; Jesse Glamann, President of KISA; Nick Zito, Alaska State Trooper supervisor; Rio Berggren, KISA Vice President and avid shooter and hiker; Karl Moore, Coast Guard Commander of Base Support Unit; Mike Gustaveson, KISA board member; Erik Berggren, KISA Treasurer; Wayne Murphy, State Parks. CHAIR SIROFCHUCK stated there is concern about safety regarding shooting on the road system, specifically White Sands Beach, the Monashka Bay view point to the right where there has been a lot of shooting, littering, and damage, and Anton Larsen. VICE CHAIR FOREMAN'S slide show presentation was shown. SIROFCHUCK stated this area is towards White Sands past the wooden Natural Use sign and then it's the first turnout on the right. Sirofchuck does the Christmas bird count every year in this area and it's getting progressively more trashed; trees are literally shot down and there's illegal woodcutting going on. FOREMAN said these pictures were taken 3 weeks ago and it's pretty clear how the accidental shooting across to Monashka Bay happens; you can see Termination Point in the pictures. During discussion everyone was in agreement that this is a public safety and a social behavior issue with our young adults shooting irresponsibly including reckless endangerment, misconduct of weapons, vandalism, and littering. Trooper Zito stated it is going to take public assistance if we want this problem to stop and requested people to start writing down license plates and descriptions. Zito also expressed in most areas it's legal to shoot off the side of the road as long as you aren't shooting from or across the road unless posted. The one shooting area across from the John Wayne rock and right passed. Cocaine Hill are the two areas that the troopers get the most complaints about, and unless the troopers can determine reckless endangerment or weapons misconduct, under the influence of alcohol while shooting, or shooting across the roadway or from a vehicle there aren't ramifications to deal with those issues unless posted otherwise then it would be criminal trespass. If it's posted a lot of people that have common sense would realize they shouldn't be shooting there, and we have to prove in order to charge someone with criminal trespass that they entered and remained unlawfully on the land with the intent to commit a crime. The troopers don't have enforcement powers for borough ordinances but No Shooting signs would hinder people. If someone is walking on a trail and started taking rounds the troopers could charge them with reckless endangerment if we can determine if they were acting in a reckless manner. Jill Lipka spoke regarding a bullet flying by her head at White Sands, and Bill Hoyt spoke about a friend who was coming out of the Termination Point area where fellow had a target set up in the middle of the trail shooting down the trail, and another instance there were 2 people in the bay with bullets flying around the boat. Blythe Brown stated a prize winning, breeding horse was shot in Pasagshak that died of massive infection. KISA board members expressed that they are making a tremendous push for safety, Salonie Creek is open to the public, and having a membership just gets you a key to the gate. The 3 topics being addressed are already laws and it boils down to enforcement. Don Dumm suggested no shooting within 1 /4 mile from the road. Chief Sean Haughey, Coast Guard has had about 4 incidents in the last year: finding people shooting down the driving range at the golf course, 2 incidents where there were pop up ranges, one north of the ski chalet and another about V4 mile south of the ski chalet. There is no shooting on Coast Guard property except at the Coast Guard range, and when we catch Coast Guard members we seize their guns and they have to go through a process to get their guns back. If we catch civilians it is an educational thing, we 2 don't take their guns but we do have them clean up things and leave. Kevin Murphy stated you are allowed to have a weapon in a State park but you're not allowed to hunt in the road system parks. Dave King said the NRA (National Rifle Association) has a program and Ed Eagle could come anytime to teach gun safety to the kids in school, and King has DVD's and pamphlets that go with the program that he will provide Cassidy to review. It was the consensus that most people are conscientious and we need to educate those that don't have common sense. Specific actions or solutions: education; inform the public of how to file a report and encourage them to report those who are shooting irresponsibly; provide where and when not to shoot handouts to those buying bullets; law enforcement more proactive; no shooting signs at trailheads; education that starts with the parents and then go to the school; signage; PSA's; educate whoever is buys ammunition for the kids; the borough and KISA work to develop a brochure that talks about when the ranges are open, what the ranges are, and what's available; the borough and KISA should look at covering the costs of producing those brochures together; the brochures should be distributed to any stores selling ammunition or guns; propose we work on a school education program with ADF&G and NRA being careful that it doesn't become a divisive program and let the school figure out how they want it put into their curriculum; recommend that we take the locations that we know are problems right now and actually post signs - Shooting Not Recommended Here; and the KISA brochures should cover that information; brochures be made available to the Coast Guard personnel and are a part of the education that the incoming personnel go through on ATV use; as we develop the trails plan we can think about making recommendations for trailhead signs, newspaper ads and encourage the general public to become more active and report irresponsible shooting; clean up these sites and keep them clean; and possibly the troopers doing PSA's on the radio and newspaper of how to file a citizens report if you see reckless shooting or criminal behavior. VICE CHAIR FOREMAN MOVED to recommend the current shooting sites that we are aware of along Monashka Bay Road be cleaned up and that signs be posted at those shooting sites and at White Sands Beach that say "Shooting Not Recommended Here," and that we work with KISA to develop an informational brochure or use their existing brochure that talks about recommended shooting areas, and talks about when KISA facilities are open and to whom. COMMITTEE MEMBER WEST MOVED TO AMEND the motion to add a blurb on there how to file a citizen's report if you see someone shooting irresponsibly. During discussion it was determined that Cassidy will work with the Troopers and Coast Guard on the language. The committee directed staff to talk to the superintendent to find out how to go about educating the kids at school Dave King clarified that the NRA training program none of the materials or training mentions, says ,or has anything to do with NRA -it is completely independent. VOICE VOTE ON AMENDMENT TO THE MOTION CARRIED UNANIMOUSLY. VOICE VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY. B) Re- negotiations with State Parks regarding White Sands Beach Cassidy said there is nothing new and he should get together with Kevin Murphy. What might address some of the issues at White Sands is (inaudible) show the badge and driving by with a mean look on his face. C) Chiniak tree thinning Cassidy stated there's going to be a contract between the State and Pete Olsen's company who will be thinning trees in about 4 acres in Chiniak. The State will be setting the sizes of trees that can and cannot be cut, and there is a process where they can negotiate with an individual to 3 provide this service and Olsen will pay the State that will be based on board feet or cords of wood or some kind of agreeable solution. During discussion COMMITTEE MEMBER HUNTLEY and VICE CHAIR FOREMAN expressed concern because it's the only piece of State land out there and it's old growth trees. In the DNR Plan it's in the Identified Use section for some of that State land and as far as public notice the borough hasn't been notified yet. This is one of the few areas that Chiniak residents still have access to for hunting and etc because the rest of the land is owned by Leisnoi. Cassidy expressed that the borough has no management authority on State lands. Staff was directed to put this agenda item on the October 27 agenda. Cassidy will call DNR tomorrow to ask some questions and he will email the committee. D) Alta Trails Inventory COMMITTEE MEMBER WEST stated she's the volunteer coordinator to get all the GPS'd trails information but no one has sent her anything and some people don't want to give their information. The consultants asked that this be wrapped up by the end of September so she wants to let Alta know, and if we want to give this another year for people to go out hiking. During discussion COMMITTEE MEMBER HUNTLEY stated the reason why she hasn't received any input from the 4 wheeler enthusiasts is because they have read what the consultants had written in the Trails Plan Website that basically says if there is a mark on the trail it's irreparable. West found that the people that use these trails to Saltery and Miam are avid ATVer's and they've been repairing them. They looked at the Alta PowerPoint and read that as all they were looking for was negative: landslides, mud holes, etc. and thought the ATV's would be shut down if all they got was negative comments. She informed them that we want to know every improvement that they have made, take a picture and note it, and send it in, and then she called Alta and they made a change. WEST feels it would make a difference if they had more time. Cassidy reminded the committee that if folks don't want to participate then let's move on. VICE CHAIR FOREMAN proposed Cassidy talk to the consultants to tell them what's going on and see what the recommended solution is reminding them that that is part of what we talked about. CHAIR SIROFCHUCK directed Smith to put the Trails Plan as item A under Old Business on all agendas. COMMUNICATIONS A) Email re: shooting in Chiniak This was addressed in Audience Comments. REPORTS Meeting schedule: • October 27, 2009 P&R meeting at 7:00 p.m. in the KIB School District Conference Room • November 10, 2009 P&R meeting at 7:00 p.m. in the KIB School District Conference Room AUDIENCE COMMENTS COMMITTEE MEMBER'S COMMENTS Kevin Foster told Sandra West to not take it personal and to not give up. Hans Tschersich asked if we are replicating everything or just looking for additional new trails that haven't been GPS'd. 4 Sandra West said yes, they would like any information -new or old. She also asked if we are going to advertise for people to GPS trails. Kevin Foster said a lot of these trails have changed since 2004 because of conditions. Dave King asked if the borough can download off a Rhino GPS, if so he will bring all 3 in to download. ADJOURNMENT COMMITTEE MEMBER HUNTLEY MOVED TO ADJOURN. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 9:15 p.m. ATTEST By: t e12C- \` 0 iT Sheila Smith, Secretary Community Development APPROVED: October 27, 2009 5 By: KODIAK IS PA/ ` S psi ' ECRE �IO�. / • mosi7rAi irofchuck, Chair OROUGH MITTEE PARKS & RECREATION COMMITTEE OCTOBER 27, 2009 REGULAR MEETING MINUTES NOV 1 9 2009 CALL TO ORDER CHAIR SIROFCHUCK called to order the October 27, 2009 Parks & Recreation meeting at 7:00 p.m. ROLL CALL Committee members present were: Mike Sirofchuck, Pam Foreman, Hans Tschersich, Patrick Saltonstall, Andy Schroeder, Rick Lindholm, and Sandra West. Ex Officio members present were: Dave Kaplan, and Brent Watkins. Excused was Jeff Huntley. COMMITTEE MEMBER SCHROEDER MOVED TO EXCUSE COMMITTEE MEMBER HUNTLEY. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA VICE CHAIR FOREMAN MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. MINUTES OF PREVIOUS MEETINGS COMMITTEE MEMBERS TSCHERSICH and WEST requested typos and a clarification be corrected. COMMITTEE MEMBER SALTONSTALL MOVED to approve the October 13, 2009 Parks & Recreation minutes as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS Susan Payne urges the Coast Guard to set up a range and encourage the Coast Guard members to use it. She also said, according to Paul Fussey, any misdemeanor has to be observed by a trooper, and suggested video camera surveillance that can be used as trooper viewing of these incidents. Payne also stated there is a lot of shooting in Anton Larsen including duck hunters shooting from moving skiffs which also occurs near houses. Dave King stated shooting ducks from a moving boat is illegal and it can be reported to the Fish & Wildlife Service at 486 -2600 during the week and he will get the phone number for weekends. OLD BUSINESS A) Trails Plan Cassidy stated we were given an extra month to get the trails GPS'ed and an option is that they hire someone to perform that work. During discussion it was the consensus to have someone else GPS the trails. WEST informed the committee that due to the recent rains the trails have changed tremendously. TSCHERSICH provided kayaking, hiking, and now mountain biking trails guides for staff to copy and send to Alta. B) Chiniak Tree Thinning Cassidy gave a brief staff report on the contract process, and stated even though the size is small and there is no public hearing requirement Winters is still interested in any public comments. Winters' phone number and email address was provided. During discussion Foreman expressed that the committee should officially let Winters know of our concerns and why. Watkins expressed concern because people access this area for subsistence use of wood due to being one of the last places where you can cut wood legally on the road system. Cassidy said he will write Winters an email to talk about: public lands surrounded by private land; value in having it remain public; precedent issue; personal use of firewood, why commercial; habitat; ask for a public hearing; and invite him to a meeting. C) Shooting on the Road System CHAIR SIROFCHUCK stated there was a story on KMXT regarding the shooting issue and he thought it would be a good idea to review the specific actions or solutions. Cassidy told the committee to email him with places that need the "Shooting Not Recommended Here" signs. During discussion it was the consensus that when they begin talking about trailhead signage to include shooting, and a public education program through PSA's and newspaper ads about reporting irresponsible shooting. Cassidy stated the recent flooding has washed out a lot of the Salonie Creek Rifle Range. FOREMAN will follow up with Glamann and WEST will follow up with the Coast Guard regarding the solutions. Cassidy will ask the troopers if they have canned PSA's. TSCHERSICH expressed concern with the soft wording on the signs. Possible language includes: No shooting; shooting is dangerous; no backstop, shoot elsewhere; find a responsible place to shoot; no shooting due to recreational activities in the area; shooting is dangerous here, watch out; hikers present; hiking area, no shooting; recreational area, no shooting; danger, bullets may ricochet; shooting here is a danger to others; for KISA, shooting range information and listing their website. NEW BUSINESS COMMUNICATIONS A) November 18, 2009 Planning & Zoning Agenda Cassidy gave a brief report on the Planning & Zoning agenda. REPORTS Meeting schedule: • November 10, 2009 P&R meeting at 7:00 p.m. in the KIB School District Conference Room • November 24, 2009 P&R meeting at 7:00 p.m. in the KIB School District Conference Room COMMITTEE MEMBER WEST said she will not be in town on November 24` COMMITTEE MEMBER TSCHERSICH said he will not be here November 10` and will be back in the evening of November 24` but he's not sure what time. AUDIENCE COMMENTS Susan Payne suggested a sign contest as part of the education process regarding shooting issues. COMMITTEE MEMBER'S COMMENTS Dave Kaplan said he will keep pushing the shooting issue to the attention of his Assembly. At the last Assembly meeting he reported what went on here briefly. It was actually Ms. Gish had the whole thing on the radio that included citizen's comments. Rick Lindholm stated that a public meeting for the tree thinning is very important. Andy Schroeder said that due to the flooding Island Trails is going to do a PSA and start collecting info so when the trails crew gets here next year they can begin fixing trails. If there are disaster relief funds available it would be nice if DOT would set aside 1% for fixing the non - motorized and non -road infrastructure. DOT has not said they will set aside 1 %. Pam Foreman feels it would be worth a try to in any stuff you are writing up if we could include information that many trails were damaged. Cassidy said he will touch bases with DOT. Pam Foreman stated someone has been logging on Rezanof Drive near Otmeloi Park with a big truck. 2 Cassidy stated it is city land. Mike Sirofchuck said that's an area that we have talked about having a green space. Cassidy said it is city property. Hans Tschersich said he had a report of someone living on Monashka Bay on the cliff that bullets hit the rocks in front of his house that could have came from one of these shooting sites. Mike Sirofchuck thanked those willing to pursue some of the solutions that we are working on. It seems we are coming in to some of our own with some concrete issues and he appreciates the support from the Assembly through Dave Kaplan. Dave Kaplan said the committee has some serious issues. ADJOURNMENT VICE CHAIR FOREMAN MOVED TO ADJOURN. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Chair Sirofchuck adjourned the meeting at 8:15 p.m. ATTEST By: l ('a Ong Sheila Smith, Secretary Community Development Dept. APPROVED: November 10, 2009 3 KODIAK ISLA OROUGH PAR & R CR _TI MITTEE By: ike Sirofc ck, Chair WOMENS BAY SERVICE AREA BOARD — REGULAR MEETING OCT 2 8 2009 August 4, 2009 Call to Order — 7:00 pm Members Present — George Lee, Dave Conrad, Amanda Henderson, David Heuman Excused — Jessica Horn, John Isadore, Scott Griffin Guests — Dale Rice Citizens Comments —None Approval of Minutes — June 30, 2009 Motion: - Heuman made a motion to approve minutes of June 30, 2009 as presented. Seconded: Henderson Roll Call Vote — Lee — Yes, Henderson — Yes, Heuman — Yes, Conrad — Yes Motion Passed - 4 Ayes, No Nays. Old Business Fire Department — SOP Status — SOP on hold, discussed developing KIB Fire SOP's at Joint Board Meeting with Bayside Board. Further discussion with KIB and both boards required. General positive agreement was reached. Some joint SOP's are in development. Surplus of Old Engine — No update Energy Upgrades — Project to be pursued this fiscal year. (FY2010) Tanker 23 Repairs — Parts ordered and received. Manual printed. No further action to date. Department to contact local mechanics for repair. IFSTA Manual Purchase — Delayed Hat Purchase — Delayed Communications Grant— Completed — Programming issue corrected at minimal cost to the department. 1 Scott Bottle Purchase — In progress. Bid verified with vender — Eagle Safety of Anchorage. Purchase Request in process for 5 ea — 45 minute Scott Cylinders Road Service — Answering Service — ACS switch over completed. KIB may already have the phone answer service in place and Service area may be able to access system for little or no cost. Griffin not available for follow up comment. Brief discussion identified members concern regarding follow up and maintenance of the system. Nixon Ranch Survey — Awaiting final action by KIB Staff after legal description was received from the surveyor. Flooding Issue — Sargent Creek Road/Chiniak Drive — Awaiting delivery of materials by contractor. No work progress to report. KIB to clean areas at two large cross culverts on Sargent Creek. Lee stated no "project list" was provided by the chair for review or comment. Conrad added he talked with Isadore who had stated he did not publish the list but had done a drive around with the contractor. List to be completed and e- mailed to board members. A brief discussion was held regarding older work ordered but never pursued or completed. Lee asked about the reestablishment of the abandon road section of Alitak Drive. Conrad stated with the opposing opinions of the residents and the cost of engineering required by the KIB, this project was never pursued. Conrad stated that with looking at old minutes, the culverts at 11147 Womens Bay Drive were never repaired by the contractor. This has been two seasons with no action. A discussion was held regarding procuring recycled asphalt from the State Rezanof repair job. Conrad stated that Isadore had contacted Rob Green. The State will stockpile the material and make a decision regarding how much of the product could be obtained by the service area. The contractor will have to load, haul and install the product at the service area's expense. Purchase of the "No Trespassing" signs for the Sargent Creek Road rock stock pile was not completed. Purchase to be conducted in conjunction with a KIB sign purchase. 2 Stop sign at Sargent Creek Road and Salmonberry Drive — Sign not installed. Contractor to be contacted. New Business — Fire Department — Dale Rice presented a Facility User Agreement that defined the uses and requirements for groups other than the Board and Fire Department use of the Fire Hall facility. The Board held a brief discussion of the document and potential additions. Motion: Heuman made a motion to accept the Facility User Agreement for review and finalization prior to implementing the use of the document. Seconded: Henderson Roll Call Vote — Lee — Yes, Henderson — Yes, Heuman — Yes, Conrad — Yes Motion Passed - 4 Ayes, No Nays. Conrad discussed the Joint Work Session with the Fire Protection Area #1 Board. He outlined the topics: Tax incentive for property owner /members, Building Addressing Project. He stated that no business was finalized as this was a preliminary meeting. Conrad stated that the Department was looking at Fire Reporting Software. This software package is the same as Bayside and the City of Kodiak are using. It would allow for document sharing with the KIB electronically via the internet connection. A decision would be made and brought to the Board for action. A discussion was held regarding all members looking at work for the "work Project List ". Consensus was that more members need to participate in the development and follow up of the list and work ordered. Next Regular Meeting to be held on September 1, 2009, 7:00 pm at the Womens Bay Fire hall. Board Member Comments: Lee stated that he received an election packet as his term was expiring this year. He encouraged others to either run for the Board or pursue new residents that may be interested. Lee commented that he intended to run for another term. MOTION: Heuman made a motion to adjourn. 3 Seconded: Henderson Meeting adjourned at 8:30 pm C irperson W ess 4 WOMENS BAY SERVICE AREA BOARD — REGULAR MEETING September 1, 2009 Call to Order — 7:08 pm Members Present — John Isadore, George Lee, Dave Conrad, David Heuman, Scott Griffin Excused — Jessica Horn, Amanda Henderson Guests — Dale Rice, Tom Schwantes, Kevin Arndt — TC Enterprises Citizens Comments — OCT 2 8 2009 Tom Schwantes was recognized and asked if there was to be any maintenance prior to winter on Otter Avenue. He stated that there had been no maintenance performed since last winter and that the road had deteriorated and continued to have ruts and poor drainage. Isadore commented that the "hill section" of the road was on the work list for repairs prior to winter. He added that this may be a possible spot to try to use the recycled asphalt mixed with D -1 to try to create a surface that would hold in place once compacted. Additional discussion was conducted regarding the need to maintain ditches along both sides of the road surface and to try to catch the drainage on the west side of the road as currently it runs across Bells Flats Road and creates trenching and potholes. Approval of Minutes — August 4, 2009 Motion: - Heuman made a motion to approve minutes of August 4, 2009 as presented. Seconded: Lee Roll Call Vote — Lee — Yes, Heuman — Yes, Conrad — Yes, Isadore — Yes, Griffin - Yes Motion Passed - 5 Ayes, No Nays. Old Business Fire Department — 1 SOP Status — SOP on hold, discussed developing KIB Fire SOP's at Joint Board Meeting with Bayside Board. Further discussion with KIB and both boards required. General positive agreement was reached. Some joint SOP's are in development. Surplus of Old Engine — No update Energy Upgrades — Fire Department to contact electricians to discuss types of fixtures appropriate to reduce energy costs and prepare a scope of work. Tanker 23 Repairs — Parts ordered and received. Manual printed. Department to contact local mechanics for repair. IFSTA Manual Purchase — Delayed Hat Purchase — Delayed Fire Fitting Purchase — Met with L.N. Curtis representative. Department to request updated quote after the list was reviewed and reduced. Scott Bottle Purchase — Completed Scott Pack Repairs — Completed. Thanks to Chief Himes for transporting packs to and from Anchorage. Fire hall Facility Use Agreement — Dale Rice to prepare comprehensive agreement document for review and approval. Road Service — Answering Service — No action to date. Waiting for computer /internet connection with KIB to be completed. Griffin to follow upon completion of computer /internet project. Nixon Ranch Survey — Awaiting final action by KIB Staff after legal description was received from the surveyor. — No documents as of 10/5/09 per discussion with Bob Tucker. Flooding Issue — Sargent Creek Road/Chiniak Drive — No work progress to report. Arndt stated the work would commence within two weeks of this meeting date. Board reviewed work to be performed in this area. 2 KIB to clean areas at large cross road culverts on Sargent Creek. Tucker stated as of 10/5/2009 that this was still pending. Board should contact him when TC was in the area performing work. Conrad stated that with looking at old minutes, the culverts at 11147 Womens Bay Drive were never repaired by the contractor. This has been two seasons with no action. Recycled asphalt — Uses of product discussed for the area. Isadore to contact Rob Greene regarding securing an amount for road surfacing projects. The contractor will have to load, haul and install the product at the service area's expense. Purchase of the "No Trespassing" signs for the Sargent Creek Road rock stock pile. KIB Engineering to acquire signs, WBSAB to pay for signs and installation. Stop sign at Sargent Creek Road and Salmonberry Drive — Sign not installed. Contractor stated this work will be completed. New Business — Fire Department — Fire Software — Conrad stated that in an effort to upgrade software in conjunction with Bayside Fire and in the interest of document maintenance with the KIB document control program, the department was requesting consideration of the acquisition of new software. Motion: - Lee made a motion to spend up to $2000 for software and maintenance contract for the Fire Programs software purchase. Seconded: Heuman Roll Call Vote — Lee — Yes, Heuman — Yes, Conrad — Yes, Isadore — Yes, Griffin - Yes Motion Passed - 5 Ayes, No Nays. T -Shirt Purchase — Rice stated that he was pursuing a special offer for t -shirt purchase form a new vendor. He requested consideration for of an expenditure of $300.00 for this purchase. Motion: - Lee made a motion to spend up to $300.00 for T -shirts for the department. Seconded: Heuman 3 Roll Call Vote — Lee — Yes, Heuman — Yes, Conrad — Yes, Isadore — Yes, Griffin - Yes Motion Passed - 5 Ayes, No Nays. Budget Modification — Conrad stated he was called by KIB Finance regarding a budget account being not funded during the budget process. He stated he went into finance and requested that funds be moved form a less active account to the Operating Supplies line item for the current budget. Plumbing / Heating repairs — Conrad requested consideration for the expenditure of $2500.00 for the installation of a unit heater in the hose tower, removal of the drinking fountain and removal of the urinal. Motion: - Lee made a motion to spend up to $2500.00 for plumbing and heating repairs. Seconded: Griffin Roll Call Vote — Lee — Yes, Heuman — Yes, Conrad — Yes, Isadore — Yes, Griffin - Yes Motion Passed - 5 Ayes, No Nays. Roofing Repairs — Conrad stated that he had contacted two contractors for pricing to replace the ridge cap on the Fire House. He stated that if the repair cost was reasonable (below $1000.00) the repair would be ordered and completed and the Board would be informed of the expenditure. Apartment Lease Extension — Conrad reported that due to a reassignment of tasks at the MB the apartment lease had lapsed and was pending for Bob Scholze to review and prepare new lease documents. Per a conversation with Bob, the Board should consider a motion to extend the lease on a month by month basis until the lease agreement paperwork was completed. Motion: - Conrad made a motion to extend the previous lease agreement on a month to month basis until KIB staff had completed a review and any pending changes. Seconded: Lee Roll Call Vote — Lee — Yes, Heuman — Yes, Conrad — Yes, Isadore — Yes, Griffin - Yes Motion Passed - 5 Ayes, No Nays. 4 Road Service Area — Summer Maintenance / Grading — A brief discussion was held regarding normal summer maintenance. Isadore stated that he had ordered grading as the weather allowed. He stated that there were two grading events for the season to date. Brush Pile Disposition — Isadore stated the Arndt was to contact the City of Kodiak to find out if they were interested in chipping the brush and removing the chips for the new compost site. Project Development List — Isadore presented a summer 2009 work list. The Board reviewed the list and discussed the work items on the list. Isadore stated that he had ordered TC enterprises to begin brushing work prior to the start of the planned ditching. Griffin asked the Arndt if the two workers in the pick up truck was the most cost effective method to clear brush. Arndt stated that he believed it was after reviewing past brushing work efforts that this was the most cost effective way to perform the task. The Board continued discussion regarding the list and how it will be important to update the list as projects are completed and new ones added. One specific topic that came from the discussion was culvert end marking. The Board and contractor agreed that it would be wise to attempt to find commercially available markers to mark culvert ends. Motion: - Conrad made a motion for the contractor to purchase 40 markers and install the markers at 20 culvert locations to be determined by the chair and the contractor for a trial project. Seconded: Heuman Discussion: Further discussion was held and Griffin expressed concern that an appropriate installation method should be used for the installation. Roll Call Vote — Lee — Yes, Heuman — Yes, Conrad — Yes, Isadore — Yes, Griffin - No Motion Passed - 4 Ayes, 1 Nay. Next Regular Meeting to be held on October 6, 2009, 7:00 pm at the Womens Bay Fire hall. 5 Board Member Comments: None MOTION: Heuman made a motion to adjourn. Meeting adjourned at 8:47 pm Chairperson 6 Witness ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — October 26, 2009 SUMMARY APPROVED: Motion to approve the agenda and consent agenda to include: *Approval of Minutes Regular Meeting Minutes of September 28, 2009 *2009/2010 Facility Use Agreements for Akhiok School, Karluk School, Larsen Bay School, Old Harbor School, Ouzinkie School and Port Lions School *2009/2010 Pupil Transportation Budget *2009/2010 Food Service Budget *Overage Student Request To allow student E.W. to enroll at the Learning Center for the 2009/2010 school year to complete the requirements for a high school diploma and to waive tuition. *2009/2010 Teacher Housing Leases Purchase requisition number 560000101 to Mark Bartleson in the amount of $10,228.18 for the period of August 8, 2009 to June 20, 2010, and purchase requisition number 380000027 to Kodiak Island Housing Authority in the amount of $13,200 for the period of July 1, 2009 to June 20, 2010. APPROVED: Motion to acknowledge receipt of the August 2009 Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $5,176,203 and year -to -date general fund expenditures in the amount of $1,387,509. NO ACTION TAKEN: There were no finalized 2009/2010 Certificated Contracts for the October 26, 2009, Regular Meeting. APPROVED: Motion to approve the 2009/2010 School Board Meeting Calendar Revision as presented. Kodiak Island Borough School District Board of Education Regular Meeting — October 26, 2009 SUMMARY Page 2 APPROVED: Motion to certify the 2009 Rural Advisory School Boards election results of newly - elected and re- elected members as follows: Danger Bay: Angie Handsaker (Seat A) Jillian Diehl (Seat B) Claire Matt (Seat C) Karluk: Joyce Jones (Seat A) Sarah Reft (Seat B) Mary Reft (Seat C) Gladys Charliaga (Seat D) Old Harbor: Joyce Elvejhem (Seat A) Michelle Hok (Seat B) Carl Christiansen, Jr. (Seat C) Heather Overbeek (Seat F) Zora Inga (Seat G) Ouzinkie: Michelle Johnson (Seat A) Joseph Delgado (Seat D) Port Lions: Ronald Paull (Seat A) Lisa Robustellini (Seat B) APPROVED: OATH TAKEN: ELECTED: (By Silent Ballot) APPROVED: APPROVED: Motion to approve a High School Graduation Qualifying Examination Waiver for student K.M.C. School Board Clerk Melissa Borton administered the Oath of Office to re- elected Board Member Norm Wooten for a three -year term and re- elected Board Member Petal Ruch for a three -year term. Norm Wooten as President of the School Board Melissa Borton as Vice President of the School Board Peggy Rauwolf as Clerk of the School Board Petal Ruch as Treasurer of the School Board Motion to approve Memorandum of Agreement Number 090 -020 to Emerald Isle Therapy in the amount not to exceed $15,400 for the period of October 1, 2009 to December 31, 2009. Motion to adjourn. Kodiak Island Borough Assembly Regular Meeting Guidelines December 3, 2009, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly members Branson and Kaplan who are absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: *Regular Meeting Minutes of November 5, 2009. *Resolution No. FY2010 -19 Certifying the FY2010 Shared Fisheries Business Tax Program Application To Be True and Correct. *Declaring a Seat on the Planning and Zoning Commission Vacant. *Declaring a Seat on the Monashka Bay Road Service Area Board Vacant. *Declaring a Seat on the Bay View Service Road Area Board Vacant. *Declaring a Seat on the Parks and Recreation Committee Vacant. Recommended motion: Move to approve the agenda and consent agenda as submitted. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. * Regular Meeting Minutes of November 5, 2009. 6. AWARDS AND PRESENTATIONS - None. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT Kodiak Island Borough Assembly Guidelines December 3, 2009 Page 1 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts — None. e olutions *Resolution No. FY2010 -19 Certifying the FY2010 Shared Fisheries Business Tax Program Application To Be True and Correct. C. Ordinances for Introduction — None. D. Other Items 1. *Declaring a Seat on the Planning and Zoning Commission Vacant. 2. *Declaring a Seat on the Monashka Bay Road Service Area Board Vacant. 3. *Declaring a Seat on the Bay View Road Service Area Board Vacant. 4. *Declaring a Seat on the Parks and Recreation Committee Vacant. /5. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications. Recommended motion: Move to voice non - protest to the State of Alaska Alcoholic Beverage Control Board renewal requests indicated on the spreadsheet provided. Staff report — Deputy Clerk McFarland Assembly discussion. ROLL CALL VOTE ON MOTION. 6. Hiring of Assessor at Salary Range 24, Step I. Recommended motion: Move to authorize the salary placement of Assessor new hire at Salary Range 24, Step I. Staff report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Kodiak Island Borough Assembly Guidelines December 3, 2009 Page 2 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The next Assembly work session will be held on Thursday, December 10, 2009 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, December 17, 2009 at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines December 3, 2009 Page 3 BY: SECOND: o ii 1,411 BY: _im SECOND: tog,— � *Ca v%s on aCapl �. r BY: . i al...''c"" SECOND: i ' I �� 1 BY: 4 s , SECOND: ' I •� BY: % , SECOND: � � YES NO YES NO YES NO YES NO YES NO Ms. Branson ✓ Ms. Branson - . - - s.: ranson - = - - • Mr. Friend t Mr. Friend Mr. Friend (Mr. Friend / Mr. Friend 7 Ms. Fulp ✓ Ms. Fulp Ms. Fulp Ms. Fulp / /(Ms. Fulp Ms. Jeffrey t / Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Z Ms. Jeffrey / Mr. Kaplan Mr. Kaplan Mr. Kaplan M Ms. Lynch ✓ Ms. Lynch Ms. Lynch Ms. Lynch / Ms. Lynch ,/ Ms. Stutes V Ms. Stutes Ms. Stutes Ms. Stutes / Ms. Stutes CHANGE OF VOTE? CHANGE OF VOT- . CHANGE OF VOTE? CH NGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? TOTAL: TOTAL: TOTAL: 'TOTAL: D TOTAL: a The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular V Special Convened: 7. 3o rn • KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET f�� Date: kJ�fi43, la Adjourned: na fill J - 0 tik BY: 4,,..4 SECOND: BY: SECOND: BY: SECOND: BY: SECOND: BY: SECOND: YES NO YES NO YES NO YES NO YES NO Ms. Branson ` Ms Branson Ms Branson • Ms. Branson Ms. Branson Mr. Friend / Mr. Friend Mr. Friend Mr. Friend Mr. Friend Ms. Fulp // Ms. Fulp Ms. Fulp Ms. Fulp Ms. Fulp Ms. Jeffrey / Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Mr. Kaplan_.._ Mr. Kaplan Mr. Kaplan _ Ms. Lynch 7 Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Ms. Stutes ./ Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? TOTAL: n TOTAL: TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular Convened: Special KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: /Oh Adjourned: g, /71 KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: i�. ADD Please PRINT your name Please PRINT your name