07/07/2011 Regular Meeting KODIAK ISLAND BOROUGH
Assembly Regular Meeting
July 7, 2011
A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, July 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.
The invocation was given by Sergeant Major Dave Blacketer of the Salvation Army. Mayor
Selby led the Pledge of Allegiance.
Present were Mayor Jerome Selby, Assembly members Jerrol Friend, Judy Fulp, Sue
Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were
Administrative Official Bud Cassidy, Engineering and Facilities Director Woody Koning,
Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn.
FRIEND moved to excuse Assembly member Austerman who was absent due to personal
leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA AND CONSENT AGENDA
JEFFREY moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
A. Regular Meeting of May 19, 2011 and June 2, 2011, and Special Meeting of June 9,
2011, were approved under the consent agenda.
AWARDS AND PRESENTATIONS
None.
CITIZENS' COMMENTS
Dave Blacketer spoke on behalf of the Kodiak Senior Center and thanked the Assembly for
its support through the years.
COMMITTEE REPORTS
None.
PUBLIC HEARING
A. Ordinance No. FY2011 -17 Rezoning a Portion of Tract G and Tract H, Bells Flats,
Alaska Subdivision From PL— Public Use Zone To RR1 -Rural Residential One.
STUTES moved to adopt Ordinance No. FY2011 -17.
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July 7, 2011 Page 938
The Borough Assembly previously declared these parcels to be surplus to the public's need.
The Planning and Zoning Commission approved a subdivision of these tracts into four
parcels. After Borough staff spent time on -site with Womens Bay Service Area Board
representatives to address concerns about drainage and retention of an existing pond for
firefighting purposes, the subdivision was modified to reserve one of the lots for drainage,
fish habitat, and firefighting as intended by the Commission and the Assembly.
This most recent action and recommendation by the Commission was to review a rezone
request of the area. If the rezone request was approved by the Assembly, the three parcels
approved by plat would be made available for sale at a future Borough land auction and the
fourth lot would remain zoned PL- Public Use lands.
After holding a public meeting, the Commission approved recommending to the Borough
Assembly that the three parcels identified be rezoned from PL— Public Use Lands to RR1-
Rural Residential One. Thirty public hearing notices were mailed on June 20, 2011; no
responses received by the Clerk's office.
Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the
public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan,
Lynch, and Stutes.
BOROUGH MANAGER'S REPORT
Administrative Official Cassidy reported on the following:
• Junk vehicle program had ended. Twenty -one vehicles were moved in the two days
prior to the closing of the program.
• Manager Gifford would return to the office on July 18, 2011.
MESSAGES FROM THE BOROUGH MAYOR
None.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
1. Contract No. FY2012 -01 Providence Kodiak Island Counseling Center Services to
Kodiak Island Borough School District for School Year 2011 -2012. This item was
approved under the consent agenda.
This was an agreement between the Kodiak Island Borough and Providence Kodiak Island
Counseling Center ( "Contractor ") setting forth the terms and conditions pursuant to the
contractor providing mental health services for the Kodiak Island Borough schools. The
contractor worked with the School District to identify and document a mutual understanding
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July 7, 2011 Page 939
of the program's scope and requirements with a focus on ensuring the greatest amount of
quality service within the budgeted amount of $381,350.
2. Contract No. FY2012 -02 Kodiak Landfill Lateral Expansion Phase I Clearing,
Excavation, and Fencing.
FRIEND moved to authorize the manager to execute Contract No. FY2012 -02 with
Anderson Construction Company LLC of Kodiak, Alaska for the Kodiak Landfill Lateral
Expansion Phase I Clearing, Excavation, and Fencing in an amount not to exceed
$2,482,899.
This contract was for the Kodiak Landfill Lateral Expansion Project Phase I Clearing,
Excavation, and Fencing as shown in the construction documents prepared by CH2M Hill,
Inc. The construction documents, bid documents, and associated addenda were available
for review. The project budget of $3,601,250 would be funded by an interfund loan or a
revenue bond through the Alaska Bond Bank. A memo from the Finance Director describing
the scope of work and funding plan for the project was provided. Bids were received in
response to the Borough's invitation to bid dated May 26, 2011. Four bids were opened on
June 27, 2011. After reviewing the bids, staff determined that Anderson Construction was
the responsible bidder having submitted the lowest responsive bid.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch,
Stutes, and Friend.
Resolutions
1. Resolution No. FY2012 -03 Approving Fiscal Year 2012 Kodiak Island Borough Non -
Profit Funding.
JEFFREY moved to adopt Resolution No. FY2012 -03.
This resolution was the framework in which the Assembly distributed the Borough funds set
aside in the Fiscal Year 2012 budget to various non - profit agencies. A corrected version of
the resolution was provided to the Assembly.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch,
Stutes, Friend, and Fulp.
2. Resolution No. FY2012 -04 Declaring Lot 4, Block 10, Port Lions Subdivision as Surplus
to the Borough's Needs and Authorizing the Disposal of this Former Teacherage and Lot
for Less than Fair Market Value to the City of Port Lions.
JEFFREY moved to adopt Resolution No. FY2012 -04.
The teacherage in Port Lions had not been occupied for over a decade and had fallen into a
state of disrepair and deterioration due to lack of maintenance and overall neglect. The need
for providing a teacherage in the community was no longer an issue since there was better
housing stock available in the community to rent or own. The City of Port Lions requested
ownership of the parcel and structure in an effort to make it available for VPSO housing, or
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July 7, 2011 Page 940
other economic development purposes and was also interested in eliminating the
unattractive nuisance and potential hazard.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Friend,
Fulp, and Jeffrey.
Ordinances for Introduction
1. Ordinance No. FY2012 -03 Rezoning Proposed Tracts A, B, and C, Ouzinkie Harbor
Subdivision, From R1- Single - Family Residential To I— Industrial (City Of Ouzinkie &
Ouzinkie Native Corporation).
STUTES moved to adopt Ordinance No. FY2012 -03 in first reading to advance to public
hearing at the next regular meeting of the Assembly.
The City of Ouzinkie requested a replat of three waterfront upland and tideland parcels in
order to facilitate the replacement of the existing wood pile dock with a new sheet pile dock
• that would expand the upland area available for waterfront uses. In the process of reviewing
the preliminary plat in Case S11 -009, it was recommended that a rezone be initiated to
accommodate the redevelopment of new waterfront and industrial uses as the existing
zoning for this area was R1- Single- family Residential.
The Planning and Zoning Commission initiated this rezone investigation on their own, as a
courtesy to the City of Ouzinkie in response to a written request from the Mayor of Ouzinkie.
After reviewing the applicable Borough plans and holding a required public hearing on this
request, the Commission found the request was consistent with Borough and community
plans applicable to the area. Although there was a designation for "mixed use" in the plan,
the current I- Industrial zone appeared to be the best alternative for accommodating the
planned waterfront uses and activities.
The improvements to the dock facility were being carried out during the construction season
so that an expeditious review of the request would help to ensure the zoning was correct for
the area before new upland and tideland uses were established once the harbor expansion
project concluded. An effective clause was also recommended by the Commission in order
to ensure the application of the new industrial zoning coincided with the filing of the final plat
for Tracts A, B, and C, Ouzinkie Harbor Subdivision.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Friend, Fulp,
Jeffrey, and Kaplan.
Other Items
1. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission.
JEFFREY moved to confirm the Mayoral Appointment of Mr. Rick Vahl to the Planning and
Zoning Commission for a term to expire December 2012.
There was one vacant Borough seat on the Planning and Zoning Commission for a term to
expire December 2012. Three applications were received by the Clerk's Office:
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1. Robert William Barton — May 21, 2011
2. Ryan Sharratt — June 1, 2011
3. Fredrick (Rick) Vahl — June 7, 2011
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Friend, Fulp, Jeffrey,
Kaplan, and Lynch.
2. Declaring a Seat on the Board of Equalization Vacant. This item was approved under the
consent agenda.
On June 20, 2011, the Clerk's office received a letter of resignation from Mrs. Cassandra
Juenger from the Board of Equalization for a term to expire December 2011. The Assembly
accepted, with regret, the resignation of Mrs. Juenger from the Board of Equalization for a
term to expire December 2011, and directed the Borough Clerk to advertise the vacancy per
Borough Code.
3. Declaring a Seat on the Service Area No. 1 Board Vacant. This item was approved
under the consent agenda.
On June 23, 2011, Mr. Alan Torres submitted a notice of resignation from the Service Area
No. 1 Board for a term to expire October 2012. The Assembly accepted, with regret, the
resignation of Mr. Torres from the Service Area No. 1 Board for a term to expire October
2012, and directed the Borough Clerk to advertise the vacancy per Borough Code.
CITIZENS' COMMENTS
None.
ASSEMBLY MEMBER COMMENTS
Assembly member Stutes, Fulp, Jeffery, and Kaplan commended Code Enforcement Officer
Maker for his hard work.
Assembly member Stutes raised concerns regarding the process of the long -term care
facility project. Mayor Selby explained the decision making process related to the project.
Assembly member Stutes commended landfill staff on the condition of the landfill.
Assembly member Fulp commented that she hoped that the animal control funds could be
added back to the Borough budget, spoke on the landfill expansion costs, and commented
on future community projects.
Assembly members Friend and Lynch had no comment.
Announcements
The next Assembly work session will be held on Thursday, July 14, 2011, at 7:30 p.m. in the
Borough Conference Room and the next regular meeting of the Assembly is scheduled on
Thursday, July 21, 2011, at 7:30 p.m. in the Borough Assembly Chambers.
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ADJOURNMENT
STUTES moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan,
Lynch, and Stutes.
The meeting was adjourned at 8:10 p.m.
KODIAK ISLAND BOROUGH
ATTEST: JeVome M. Selb , •
Nova M. Javier, OMC, Borough Clerk Approved: July 21, 2011
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