04/07/2011 Regular Meeting KODIAK ISLAND BOROUGH
Assembly Regular Meeting
April 7, 2011
A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, April 7, 2011,
in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The
meeting was called to order at 7:30 p.m.
Mayor Selby led the Pledge of Allegiance.
Present were Mayor Jerome Selby, Assembly members Carol Austerman, Judy Fulp, Sue
Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager
Rick Gifford, Engineering and Facilities Director Woody Koning, Clerk Nova Javier, and
Assistant Clerk Jessica Kilborn.
STUTES moved to excuse Assembly member Friend who was absent due to personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
JEFFREY moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
A. Regular Meeting Minutes of March 3 and March 17, 2011, were approved under the consent
agenda.
AWARDS AND PRESENTATIONS
Mayor Selby proclaimed the month of April as Child Abuse Prevention Month and called upon
all citizens to increase their participation in the efforts to prevent child abuse; thereby,
strengthening the communities in which we live.
Mayor Selby proclaimed the month of April 2011 as "Sexual Assault Awareness Month" and
encouraged all residents to support local activities and programs which assist victims by
learning more about the pervasiveness of sexual assault in Alaska so this heinous crime could
be eliminated.
Mayor Selby presented the Student of the Month award for March 2011 to Michael Inga, a
senior at the Old Harbor School.
CITIZENS' COMMENTS
Shawn Dochtermann spoke on crab rationalization issues and requested a letter of support from
the Assembly to require that the North Pacific Fishery Management Council follow the laws set
forth by the federal government.
Kodiak Island Borough Assembly Minutes
April 7, 2011 Page 890
Nick Szabo spoke on transfer stations and clarified misinformation on solid waste issues.
Marion Owen, Marie Rice, Allen Thielen, and Heather Johnson spoke on hoop houses and the
conflict with the current code requirements and requested a possible waiver provision for the
structures.
Mel Stephens spoke on the budget timelines, Contract No. FY2010 -30, and requested that the
Borough website be kept up to date.
Sid Pruitt, Jr. spoke in support of an ordinance restricting high dollar issues from being brought
forth outside of a specific timeline.
COMMITTEE REPORTS
Solid Waste Advisory Board Chair Nick Szabo announced that May 7, 2011, was the
Community Spring Clean -up Day and would be held in conjunction with the corrugated recycling
program initiation. The Solid Waste Advisory Board (SWAB) adopted by -laws and would pursue
the development of a strategic plan for the board. He spoke on the need for more signs outlining
garbage requirements and spoke on collection center and transfer station options.
PUBLIC HEARING
A. Direction to Proceed With the Alaska Waste Proposed Roll Cart Service Expansion Areas.
JEFFREY moved to direct the Manager to proceed with the Alaska Waste Proposed Roll Cart
Service Expansion Areas.
At the work session of February 24, 2011, the Assembly requested to hold a public hearing to
hear comments from the residents affected by the proposed expansion areas for roll cart
services related to the Solid Waste Collection Contract (Contract No. FY2010 -30). On March 14,
2011, 698 public hearing forms and informational material were mailed to the residents within
the proposed expansion areas. Responses received by the Clerk's office were provided. It was
noted that the roll cart program met the Solid Waste Management Plan and encouraged
recycling. Information was shared regarding the volume and type of solid and hazardous wastes
that was being placed into local dumpsters.
Mayor Selby opened the public hearing.
Kate Ballenger, Danae McKinney, Sumie Ono, Lenny Roberson, Mel Stephens, Dorothy Holm,
Anthony Furio, Gary Rabideau, Mike Bouray, Del Green, Paul Fussey, Shawn Dochtermann,
Sid Pruitt (read letter into the record), Danny Powell, Joe Black, Bill Mann, Brian Gregory, Ed
Mahoney, Scott Arndt, Ann Kalcic, Norma Holt, and Lorna Arndt spoke in opposition of the
proposed roll cart service expansion areas.
Dr. Bob Johnson and Ken Reinke spoke in support of the proposed roll cart service expansion
areas.
Ron Sears spoke in support of longer hours at the landfill to accommodate users.
Kodiak Island Borough Assembly Minutes
April 7, 2011 Page 891
Larry VanDaele, Alaska Department Fish & Game Area -wide Biologist, provided information
from various public safety agencies and staff regarding bear —human relationships within the
expansion areas and further expansion outside of the proposed areas was not advised.
Mayor Selby closed the public hearing and recessed the meeting at 9:30 p.m. Mayor Selby
reconvened the meeting at 9:40 p.m.
STUTES moved to postpone direction to the Manager to proceed with the Alaska Waste
Proposed Roll Cart Service Expansion Areas until the regular meeting of May 5, 2011.
ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FOUR TO THREE: Austerman,
Jeffrey, Lynch, Selby (Noes); Stutes, Kaplan, Fulp (Ayes). Mayor Selby voted to break the tie.
Mr. VanDaele provided additional information regarding bear activity within the expansion areas.
STUTES moved to postpone direction to the Manager to proceed with the Alaska Waste
Proposed Roll Cart Service Expansion Areas to the next regular meeting when a full Assembly
was present.
ROLL CALL VOTE ON SECOND MOTION TO POSTPONE CARRIED FOUR TO THREE: Fulp,
Stutes, Kaplan, Selby (Ayes); Jeffrey, Lynch, Austerman (Noes). Mayor Selby voted to break
the tie.
B. Ordinance No. FY2011 -13 Rezoning a Portion of Tract B -1A, U.S. Survey 4947 (Near
Island) From C- Conservation To PL- Public Use Zone.
AUSTERMAN moved to adopt Ordinance No. FY2011 -13.
The Borough combined an existing lot on Near Island with additional land that was acquired
from the City of Kodiak. This new lot would house the existing Kodiak Fisheries Research
Center and scientist housing. The additional land would also house the proposed Alaska
Department of Fish and Game facility. The land acquired from the City was zoned C-
Conservation. The parcel that it was incorporated into was zoned PL- Public Use Lands. The
desire was to have the entire lot be zoned PL- Public Use Lands which allowed for local, state,
and federal government offices.
After holding a public meeting, the Planning and Zoning Commission unanimously approved the
recommendation to the Assembly that the entire parcel be rezoned from C- Conservation to PL—
Public Use Lands.
Four public hearing notices were sent out. The Clerk's office received one response which was
provided to the Assembly.
Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the
public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Fulp, Jeffrey, Kaplan,
Lynch, and Stutes.
Kodiak Island Borough Assembly Minutes
April 7, 2011 Page 892
BOROUGH MANAGER'S REPORT
Manager Gifford reported on the following:
• The assessment appeal process;
• Federal government shutdown with minimal staff maintaining the tanks at the Kodiak
Fisheries Research Center;
• Alaska Department of Transportation and Public Facilities was in the process of taking
bids for the new ADF &G building; and
• State budget session; Senate Bill 97 provided for increased revenue sharing to address
higher energy costs.
MESSAGES FROM THE BOROUGH MAYOR
None.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
1. Contract No. FY2011 -28 Kodiak High School Old Pool Reclamation Project.
JEFFREY moved to authorize the manager to execute Contract No. FY2011 -28 with Brechan
Enterprises, Inc. of Kodiak, Alaska for the Kodiak High School Old Pool Reclamation Project in
an amount not to exceed $260,699.
This contract was for the Kodiak High School (KHS) Old Pool Reclamation Project as reflected
in the construction documents prepared by Jensen Yorba Lott, Inc. The construction
documents, bid documents, and associated addenda were available for review.
The project was limited to filling in the old pool and pouring a concrete slab floor. The final use
of the area was unknown at this stage of the design of the New KHS Addition and Renovation
project; however, the building was not being considered for demolition and any future use of the
space would require that the work eventually be completed. Accomplishing the work in advance
of the new KHS construction allowed the valuable area to be used during the course of
construction for classrooms, storage area, or as athletic space. The Pool Reclamation Project
was approved in the 2005 Bond issue. Bids were received in response to the Borough's
invitation to bid dated February 9, 2011. Brechan Enterprises, Inc. was the lowest responsible
bidder for the project. Bid tabulation was provided.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes,
Austerman, and Fulp.
Kodiak Island Borough Assembly Minutes
April 7, 2011 Page 893
Resolutions
1. Resolution No. FY2011 -24 Supporting a Bill to End Requirements That Employers Who
Terminate Some or All Participation in the Public Employees Retirement System of Alaska
Pay Termination Costs and Making the Changes Retroactive.
KAPLAN moved to adopt Resolution No. FY2011 -24.
This resolution was requested and recommended by the Alaska Municipal League to support
changes to state regulations requiring costly termination studies when an employer eliminated a
group, department, or classification of employees.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes,
Austerman, Fulp, and Jeffrey.
Ordinances for Introduction
1. Ordinance No. FY2011 -14 Rezoning Lot G -1, U.S. Survey 3218, From B- Business To R3-
Multifamily Residential, and Lots D -2, H -1, H -2 and G -2, U.S. Survey 3218, From RR1 -Rural
Residential One To R3- Multifamily Residential.
JEFFREY moved to adopt Ordinance No. FY2011 -14 in first reading to advance to public
hearing at the next regular meeting of the Assembly.
This case was originally requested by petitioners Bruce and Lila Beehler for the rezone of Lot
01, U.S. Survey 3218 from B- Business to R3- Multifamily Residential. At its regular meeting of
January 19, 2011, the Planning and Zoning Commission held a public hearing on the rezone
and moved to expand the scope of the request to consider the additional rezoning of Lots D -2,
H -1, H -2, and G -2, U.S. Survey 3218, from RR1 -Rural Residential One to R3- Multifamily
Residential.
The Planning and Zoning Commission held a second public hearing on March 16, 2011, for this
rezone request to address the five adjoining lots that were included in the expanded scope of
this review. After the second public hearing, the Commission moved to recommend the rezoning
of Lot G -1, U.S. Survey 3218 from B- Business to R3- Multifamily Residential and Lots D -2, H -1,
H -2, and G -2 from RR1 -Rural Residential One to R3- Multifamily Residential.
In making the recommendation, the Commission found that this area had been largely
overlooked in the most recent comprehensive plan update and the land use designation for this
area generally followed the pre- existing zoning from the 2005 zoning map. In considering the
rezone, the Commission noted in its findings that all of the lots adjacent to the rezone area were
zoned B- Business while this area remained a rural residential enclave. A rezone to R3-
Multifamily Residential would provide new development opportunities that were appropriate for
this location along an arterial street and would be more compatible with the prevailing
commercial zoning and development surrounding these five lots considered for rezone.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Austerman, Fulp,
Jeffrey, and Kaplan.
Kodiak Island Borough Assembly Minutes
April 7, 2011 Page 894
Other Items
1. Confirmation of the Mayoral Appointment to the Architectural /Engineering Review Board.
STUTES moved to confirm the mayoral appointment of Mr. Sonny Vinberg to the
Architectural /Engineering Review Board for a term to expire December 2011.
On March 8, 2011, Mr. Vinberg submitted an application for the vacant seat on the
Architectural /Engineering Review Board for a term to expire December 2011.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Fulp, Jeffrey,
Kaplan, and Lynch.
2. Confirmation of the Assembly Appointments to the Kodiak Workforce Regional Advisory
Council.
JEFFREY moved to confirm the Assembly appointments of Mr. Tuck Bonney to the Agriculture
and Natural Resources seat and Ms. Alisha Drabek to the Citizen at Large seat on the Kodiak
Workforce Regional Advisory Council for terms to expire December 2013.
There were several designated seats that were vacant on the Kodiak Workforce Regional
Advisory Council ( KWRAC). Applications were received by the Clerk's office and made available
to KWRAC. On March 23, 2011, KWRAC held a regular meeting and reviewed the applications
that were received. Council members recommended the appointments of Mr. Bonney to the
Agriculture and Natural Resources seat and Ms. Drabek to the Citizen at Large seat, both with
terms to expire December 2013.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Fulp, Jeffrey, Kaplan,
Lynch, and Stutes.
3. Declaring a Seat on the Solid Waste Advisory Board Vacant. This item was approved under
the consent agenda.
On March 29, 2011, Mr. Gary "Turk" Martin submitted a notice of resignation from the Solid
Waste Advisory Board for a term to expire December 2012. The Assembly accepted, with
regret, the resignation of Mr. Martin from the Solid Waste Advisory Board for a term to expire
December 2012, and directed the Borough Clerk to advertise the vacancy per Borough code.
CITIZENS' COMMENTS
Suzanne Repoza spoke in favor of the expansion of roll cart services within the Katmai Drive
area.
Shawn Dochtermann spoke further on the crab rationalization and North Pacific Fishery
Management Council issues. He urged Assembly support be expressed to the state legislation.
Scott Arndt noted that the area of Spruce Haven would be a good candidate for roll cart
expansion services and expressed appreciation to the Assembly for postponing Item 9.A.
Mel Stephens spoke on the status of Contract No. FY2010 -30.
Kodiak Island Borough Assembly Minutes
April 7, 2011 Page 895
Mike Milligan thanked the Assembly for the postponement of Item 9.A, spoke against
privatization of solid waste collection services, and spoke of the options local residents had to
address the issue
Marion Owen spoke on the performance of Assembly members during the public hearing and
spoke in support of the roll cart services. She urged the community to try the service before
submitting it to failure.
Rick Vahl spoke in favor of hoop houses for the community and urged community responsibility
regarding solid waste issues.
ASSEMBLY MEMBER COMMENTS
Assembly members thanked the public for their testimony on the expansion of the roll cart
services, expressed support for the hoop houses, and congratulated the Student of the Month
award recipient.
Assembly member Austerman spoke on the responsibility of the Assembly in making decisions
for the community and encouraged community responsibility regarding solid waste issues.
Assembly member Fulp encouraged participation for the clean -up event in May.
Assembly member Jeffrey thanked Mr. Dochtermann for the information that he presented to
the Assembly. She spoke on the misinformation regarding the roll cart services.
Assembly member Stutes spoke on the democratic process.
Assembly member Lynch spoke in favor of additional public hearings or meetings to discuss the
budget.
Mayor Selby expressed concerns regarding misinformation regarding the solid waste collection
services and encouraged responsibility within the community.
Announcements
Mayor Selby announced that the Assembly would hold a special work session on Tuesday, April
12, 2011, at 7:30 p.m. in the Borough Assembly Chambers.
The next Assembly work session would be held on Thursday, April 14, 2011, at 7:30 p.m. in the
Borough Conference Room and the next regular meeting of the Assembly was scheduled on
Thursday, April 21, 2011, at 7:30 p.m. in the Borough Assembly Chambers.
Kodiak Island Borough Assembly Minutes
April 7, 2011 Page 896
ADJOURNMENT
KAPLAN moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch,
Stutes, and Austerman.
The meeting was adjourned at 11:10 p.m.
- _ KODIAK ISLAND 1 BOROUGH
/
ATTEST: Jerome M. Selby, May
Nova M. Javier, MMC, Boroug Clerk Approved: May 19, 2011
Kodiak Island Borough Assembly Minutes
April 7, 2011 Page 897