03/01/2012 Regular Meeting KODIAK ISLAND BOROUGH
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Assembly Regular Meeting
March 1, 2012
A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, March 1, 2012, 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 Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of
Allegiance.
Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Jerrol
Friend, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were
Manager Rick Gifford, Borough Clerk Nova Javier, and Assistant Clerk Jessica Kilborn.
APPROVAL OF AGENDA AND CONSENT AGENDA
FRIEND moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
A. Regular Meeting Minutes of January 19 and February 2, 2012, were approved under the consent
agenda.
AWARDS AND PRESENTATIONS
Mayor Selby proclaimed March 2012 as National Women's History Month, urging residents to
increase their knowledge and appreciation of the valuable role women play in our lives.
Mayor Selby presented the Student of the Month Award for March 2012 to Danielle Christiansen, a
junior at Old Harbor School.
CITIZENS' COMMENTS
Tom Quass thanked the Assembly for its support of the non - profit organizations in Kodiak and spoke
on the Kodiak Arts Council funding from the Assembly.
Ken Reinke, Threshold Services Director, thanked the Assembly for its support of non - profit
organizations and provided a report on Threshold Services for the CY2011.
Scott Arndt spoke on the Architectural /Engineering Review Board meetings held during the week of
February 27 regarding the Kodiak High School Remodel and Renovation project and voiced
concerns on the operation and maintenance of the new high school.
COMMITTEE REPORTS
Solid Waste Advisory Board (SWAB) Chair Nick Szabo thanked the Mayor and Assembly for the
recent appointments to the Board and provided a report on its recent activities. The next SWAB
meeting was scheduled on March 22, 2012.
Kodiak Island Borough Assembly Minutes
March 1, 2012 Page 1026
Service Area No.1 (SA1) Board Chair Scott Arndt spoke on the Board's regular meeting /budget
public hearing of February 29 and addressed a letter for the paving costs over -run for the service
area. Mr. Arndt asked that the Assembly meet with the SA1 board at the Assembly work session of
March 8 to discuss the following Service Area issues: drainage by Bayside Fire Station, funds paid
out for paving work, and road drainage and size of culverts in the new subdivision.
Service Area No. 1 Board Vice Chair Dennis Symmons spoke on the value of serving on a board and
asked that the Board be involved when SA1 funds were being spent by the Assembly.
Assembly member Stutes spoke on her attendance at the SWAMC Conference held in Anchorage on
February 16 -17.
Assembly member Stephens announced that the School District would hold a work session regarding
its FY2013 budget on Monday, March 5 at 5:15 p.m.; a preliminary school district budget would be
presented.
Assembly member Friend reported on the Architectural /Engineering Review Board (ARB) meetings
of February 28 and 29. ARB met to review the 65% design drawings for the Kodiak High School
Remodel and Renovation Project. He reported that the ARB would perform an additional review of
the 80% design drawings.
Assembly member Austerman reported on the recent Providence Health System Service Area Board
meeting. A contract for the Long —Term Care Facility Feasibility Study had been executed.
PUBLIC HEARING
None.
BOROUGH MANAGER'S REPORT
Manager Gifford reported on the following:
• State of Alaska Department of Transportation issued its 2012 -2015 Alaska Statewide
Transportation Improvement Program which included three projects for the Kodiak area:
Chiniak Highway Milepost 23.7 Improvements, Kodiak Trails Project, Ferry Terminal and
Dock Improvements.
• Out of the office March 3 -11.
MESSAGES FROM THE BOROUGH MAYOR
None.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
None.
Kodiak Island Borough Assembly Minutes
March 1, 2012 Page 1027
Resolutions
1. Resolution No. FY2012 -24 Supporting Senate Bill SB155 and House Bill HB279 Extending the
Termination Dates of the Alaska Seismic Hazards Safety Commission.
FRIEND moved to adopt Resolution No. FY2012 -24.
The Alaska Seismic Hazards Safety Commission (ASHSC) would sunset at the end of fiscal year
2012. There was legislation before the House and Senate to extend this Commission until the end of
fiscal year 2016.
ASHSC made recommendations to the Governor and Legislature on items that would reduce the risk
of loss of life and property due to earthquakes and tsunami events. ASHSC provided policies in the
areas of school design as well as for private and public construction. It also recommended the need
to map faults and areas prone to slumping (liquidfaction) as well as the generation of shake maps
identifying areas of ground that were prone to damage due to earthquakes. Kodiak's on -going effort
to determine the impact to the community, its economic base, and to its population from the next
potentially large earthquake and tsumani event was occuring due to the efforts of the ASHSC.
Alaska had more earthquakes than the rest of the U.S. combined. From February though October
2010, Alaska recorded 26,077 earthquakes. Alaska was also one of the more active areas for
earthquakes on the planet. Understanding the nature of earthquakes, addressing known
vulnerabilities, and being able to respond and recover from these events was the goal of ASHSC.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Friend, Kaplan,
Lynch, Stephens, and Stutes.
Ordinances for Introduction
1. Ordinance No. FY2012 -18 Rezoning D -2 of Tract A, Bells Flats, Alaska Subdivision From (-
Industrial To LI -Light Industrial (P &Z Case 12 -027).
FRIEND moved to adopt Ordinance No. FY2012 -18 in first reading to advance to public hearing at
the next regular meeting of the Assembly.
A petition for the rezone of Tract 2 of Tract A, Bells Flats, Alaska Subdivision in Womens Bay came
as a request before the Planning and Zoning Commission. The Commission voted unanimously to
approve the rezoning request because it was consistent with the Womens Bay Comprehensive Plan
which discouraged I- Industrial zoning in the community and it met the needs of the owner to build
closer to the property line.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Kaplan, Lynch,
Stephens, Stutes, and Austerman.
Other Items
1. Confirmation of the Assembly Appointment to the Board of Equalization. This item was approved
under the consent agenda.
There was currently one vacancy on the Board of Equalization for a term to expire 2014. The Clerk's
Office received an application from Mr. Dan Rohrer on February 9, 2012, for the vacant seat. The
Kodiak Island Borough Assembly Minutes
March 1, 2012 Page 1028
Assembly confirmed the appointment of Mr. Rohrer to the Board of Equalization for a term to expire
December 2014.
2. Confirmation of the Assembly Appointment to the Personnel Advisory Board. This item was
approved under the consent agenda.
There were currently two vacant seats on the Personnel Advisory Board, both to expire December
2014. The Clerk's office received an application from Ms. Brenda Zawacki on January 31, 2012, for
one of the two vacant seats. Per Section 203 of the Personnel Manual the application was emailed to
the Borough employees and comments were shared with the Assembly. The Assembly confirmed the
appointment of Ms. Zawacki to the Personnel Advisory Board for a term to expire December 2014.
3. Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory
Council. This item was approved under the consent agenda.
The Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) requested that the
Borough appoint a representative to the Board of Directors prior to the PWSRCAC's annual meeting
in May 2012. This individual would have the opportunity to influence decisions having profound
implications for oil transportation safety in Alaska, and for the state's oil spill prevention and response
capabilities. Currently, Mr. Al Burch served on the PWSRCAC Board of Directors and indicated his
desire for reappointment to a two -year term to expire May 2014. The Assembly confirmed the
Mayoral appointment of Mr. Burch to the Prince William Sound Regional Citizens' Advisory Council
for a two -year term to expire May 2014.
Mayor Selby thanked the volunteers serving on the Borough's various boards and committees.
4. Approval of Change of Contractor for Solid Waste Collection Contract Due to Buyout of Alaska
Pacific Environmental Services of Anchorage, LLC DBA Alaska Waste.
BONNEY moved to authorize the manager to execute the consent assignment to approve the
change of contractor for Solid Waste Contract due to buyout of Alaska Pacific Environmental
Services of Anchorage, LLC dba Alaska Waste.
Waste Connections of Alaska, Inc. (WCI) agreed to purchase, all or substantially all, of the assets of
Alaska Pacific Environmental Services Anchorage, LLC (Alaska Waste). This was pursuant to an
Asset Purchase Agreement dated August 16, 2011, between WCI, Alaska Waste, and certain other
parties. In connection with the consummation of the sale, WCI would acquire the assets and certain
obligations of Alaska Waste, including that certain Exclusive Service Contract for Residential and
Commercial Refuse Collection and Transportation to KIB Landfill between Kodiak Island Borough
and Alaska Pacific Environmental Services, LLC effective 2010 as amended, by and between the
Kodiak Island Borough and Alaska Waste. A copy of the Contract was available for review in the
Clerk's office.
Staff met with corporate officials of WCI and reviewed associated Regulatory Commission of Alaska
(RCA) documents and financial reports for WCI and recommended that the Acknowledgment and
Consent to Assignment be approved.
Kodiak Island Borough Assembly Minutes
March 1, 2012 Page 1029
The various RCA documents could be found at the provided web links or a copy of the documents
were available for review in the Clerk's office. The link to the RCA order for WCI's acquisition of
Alaska Waste was provided. The sole purpose of the order was for the RCA to assess the "fitness" of
WC and its ability to provide service to Alaska Waste customers.
STEPHENS moved to amend (the Acknowledgement and Consent to Assignment) so that the
second sentence of the third paragraph read, "Any claims by the undersigned or any other persons
for damages or similar liabilities submitted on or after the Effective Date will be to WCI and not to
Seller."
ROLL CALL VOTE ON MOTION TO AMEND CARRIED SIX TO ONE: Friend, Kaplan, Lynch,
Stephens, Stutes, and Bonney (Ayes); Austerman (No).
BONNEY moved to postpone authorizing the manager to execute the consent assignment to approve
the change of contractor for Solid Waste Contract due to buyout of Alaska Pacific Environmental
Services of Anchorage, LLC dba Alaska Waste to the next regular meeting.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Kaplan, Lynch,
Stephens, Stutes, Austerman, Bonney, and Friend.
CITIZENS' COMMENTS
Scott Arndt asked that announcement of the individuals appointed to boards and committees be
provided to the public when approved under the consent agenda.
ASSEMBLY MEMBER COMMENTS
Assembly members Austerman, Bonney, Friend, Kaplan, and Stutes asked that the recycling
contract issue be placed on the next work session agenda.
Assembly members Austerman and Lynch congratulated the Student of the Month award recipient
and expressed appreciation for the updates provided by the non -profit organizations.
Assembly member Stephens supported placing discussion with the Service Area No. 1 Board (SA1)
on the next work session agenda; spoke on the issue of the funds for the SA1 paving project;
requested a budget report be provided on the website showing the Borough's finances as of
December 31 as related to the KHS project; agreed with the comments provided regarding the
maintenance and operation costs for the new high school; and inquired about the schedule for the
upcoming preliminary budget sessions.
Assembly member Stutes spoke on the expiration of the current Threshold Recycling contract.
Assembly member Bonney provided comments on the recycling presentation provided by Alaska
Waste at the February 23 work session.
• Assembly member Friend urged citizens to remove vehicles from the roadsides to allow for removal
of the accumulated snow.
Assembly member Kaplan congratulated the Student of the Month award recipient.
Kodiak Island Borough Assembly Minutes
March 1, 2012 Page 1030
Assembly member Austerman spoke on moving forward on establishing a recycling program for the
community.
Announcements
Mayor Selby announced the next Assembly work session would be held on Thursday, March 8 at
7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday,
March 15 at 7:30 p.m. in the Borough Assembly Chambers.
The Mayor and members of the Assembly would be traveling to Juneau to attend the 2012 Kodiak
Island Community Reception on Wednesday, March 21. Mayor Selby thanked those who co-
sponsored the event.
ADJOURNMENT
KAPLAN moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman,
Bonney, Friend, and Kaplan.
The meeting was adjourned at 8:35 p.m.
KODIAK ISLAND BOROUGH
ATTEST: Jerome M. Selb ,1MMa. or - = C
^ Uv � Yy
Nova M. Javi , MMC, Borough Clerk Approved on: April 5, 2012
Kodiak Island Borough Assembly Minutes
March 1, 2012 Page 1031