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03/15/2012 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting March 15, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, March 15, 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, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Engineering and Facilities Director Woody Koning, Finance Director Karl Short, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. AUSTERMAN moved to excuse Assembly member Kaplan who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA FRIEND moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Manager Gifford presented the Employee of the Year to Martha Barnett, Interpretive Specialist/Receptionist at the Kodiak Fisheries Research Center. CITIZENS' COMMENTS Betty Walters read a newsletter article written by Judy Fine in support of the Kodiak Island Providence Long Term Care Center. Matt O'Connell introduced himself as the new manager for Waste Connections of Alaska. COMMITTEE REPORTS Assembly member Stutes reported on the Southwest Alaska Municipal Conference (SWAMC) Board Meeting held March 15, 2012. Kodiak Island Borough Assembly Minutes March 15, 2012 Page 1032 PUBLIC HEARING 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. 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 rezone 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. Five public hearing notices were mailed on Monday, March 5, 2012, none were returned. Mayor Selby opened the public hearing. Hearing and seeing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Friend, Lynch, Stephens, and Stutes. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • In accordance with the Alaska Waste contract, the Borough Attorney recommended that Alaska Waste be given a 10 -day notice to submit a proposal for a recycling program. A letter was mailed with a deadline date of 5 p.m., March 28, 2012. • Lobbyist Mark Hickey's March 2012 Legislative Report was highlighted. • The Alaska Redistricting Board was ordered to go back to the drawing board with redistricting certain areas. • The Juneau legislative trip agenda would be available to the Assembly members travelling when they arrived in Juneau. • Manager Gifford read his letter of resignation effective June 13, 2012. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby extended his appreciation on behalf of the Kodiak Community for the contributions that Manager Gifford had given during his employment with the Kodiak Island Borough. UNFINISHED BUSINESS 1. Approval of Change of Contractor for Solid Waste Collection 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 Kodiak Island Borough Assembly Minutes March 15, 2012 Page 1033 and Alaska Pacific Environmental Services, LLC effective 2010 as amended, by and between the Kodiak Island Borough and Alaska Waste. 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. 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 WCI and its ability to provide service to Alaska Waste customers. AUSTERMAN moved to reverse the amendment approved at the last regular meeting of the Assembly by deleting the words "or any other persons" in the second sentence of the third paragraph ROLL CALL VOTE ON MOTION TO REVERSE AMENDMENT CARRIED FOUR TO TWO: Bonney, Lynch, Friend, and Austerman (Ayes); Stephens and Stutes (Noes). The main motion was before the Assembly from the March 1, 2012 Regular Meeting. ROLL CALL VOTE ON MAIN MOTION CARRIED FOUR TO TWO: Friend, Lynch, Austerman, and Bonney (Ayes); Stutes and Stephens (Noes). NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2012 -25 Disposal of Borough Owned Land to the City of Ouzinkie for Less Than Fair Market Value (P &Z Case 12 -013). AUSTERMAN moved to adopt Resolution No. FY2012 -25. The City of Ouzinkie worked with Sage Communications to locate a communications tower in the community. The site selected was a portion of Borough land adjacent to the Ouzinkie School. The Planning and Zoning Commission reviewed this disposal (along with granting variances approving a site plan and reviewed a subdivision in support of this project) and by resolution recommended to the Assembly approval of the disposal. This tower would be part of a communication infrastructure network that would provide cell phone service on the north part of the island. The advantages of having a reliable communication system in this area for the safety of folks traveling, recreating, or commercial fishing was obvious. KIB18.20.030 required Planning and Zoning Commission's review and recommendation to the Assembly by resolution of its recommendation. The Resolution was part of the Assembly packet. KIBC 18.20.030(B) also required adoption of a resolution by the Assembly specifying the terms and conditions upon which the disposal would be offered. Kodiak Island Borough Assembly Minutes March 15, 2012 Page 1034 Assembly member Stephens questioned the timing of passing the Resolution before the subdivision was approved. Community Development Director Cassidy clarified that the paperwork would not be signed by the Manager until the plat was recorded. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, Bonney, and Friend. Ordinances for Introduction None. Other Items None. CITIZENS' COMMENTS Matt O'Connell spoke to the issues that the Borough and community had with Alaska Waste and voiced a commitment to a new start with Waste Management of Alaska. Scott Arndt suggested that the Borough request the expected operation and maintenance costs for the new Kodiak High School facility. ASSEMBLY MEMBER COMMENTS Assembly member Stephens requested the expected operation and maintenance costs of the new Kodiak High School facility. He also expressed his disappointment on the recent KHS Facility presentation, the management of the project, and the budget estimations. Assembly member Stutes congratulated the Employee of the Year, and extended her appreciation of Matt O'Connell's commitment to work with the Borough on improving waste management. Assembly member Bonney clarified that although he voted for the change in Waste Management contractor, there are still issues that he would like to be worked on. Assembly member Friend reminded the community to park appropriately to allow snow removal. Assembly member Austerman congratulated Martha Barnett as Employee of the Year, thanked Betty Walter's for her comments regarding the Long Term Care Facility, and congratulated Manager Gifford in his new position with the Aleutians East Borough. Assembly member Lynch congratulated Martha Barnett as Employee of the Year and Manager Gifford in his new position with the Aleutians East Borough. Announcements The Mayor and members of the Assembly would be traveling to Juneau to attend the 2012 Kodiak Island Community Reception on Wednesday, March 21. Those who co- sponsored this event were thanked by the Assembly. Kodiak Island Borough Assembly Minutes March 15, 2012 Page 1035 The next Assembly work session would be held on Thursday, March 29 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, April 5 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Austerman, Bonney, Friend, and Lynch. The meeting was adjourned at 8:30 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, gayor, — - fi r m . Nova M. Javier, MC, Borough Clerk Approved on: April 5, 2012 Kodiak Island Borough Assembly Minutes March 15, 2012 Page 1036