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2004-04-15 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting April 15, 2004 A regular meeting of the Kodiak Island Borough Assembly was held April 15, 2004 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 April Laktonen Counceller of the Alutiiq Museum. She read the Lord's Prayer in Alutiiq. Present were Mayor LeDoux, Assemblymembers Tom Abell, Robin Heinrichs, Cecil Ranney, and Wayne Stevens. Staff present were Manager Pat Carlson, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. HEINRICHS moved to excuse Assemblymembers Tuck Bonney, Pat Branson, and Nancy Wells, seconded by STEVENS VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA HEINRICHS moved to approve the agenda, seconded by STEVENS. Assemblymember Bonney asked that the manager's contract and the two executive sessions be removed from the agenda. STEVENS moved to amend the agenda by removing item number 13.A.3 Contract No. 2004 -20, item number 13.B.1 Executive Session, and item number 17.A Executive session seconded by HEINRICHS. ROLL CALL VOTE ON MOTION TO AMEND: Abell, Heinrichs, Ranney, Stevens Clerk Nielsen noted that Jeff Sanford had moved from Kodiak and asked the Assembly to add an agenda item to declare his seat on the Citizen's Board of Equalization vacant. HEINRICHS moved to amend the agenda by adding item number 13.E.6 Vacancy on the Citizen's Board of Equalization, seconded by ABELL ROLL CALL VOTE ON MOTION TO AMEND: Heinrichs, Ranney, Stevens, Abell VOICE VOTE ON MOTION TO APPROVE CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Special Meeting of February 12, Regular Meeting of March 4, and Special Meeting of March 9, 2004. RANNEY moved to approve the minutes as submitted, seconded by HEINRICHS VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS A. Proclamations Mayor LeDoux proclaimed April 19th -23rd, 2004 as "Alutiitstun Niuwalita" Week, or "Let's Speak like Alutiiqs Week," encouraging all citizens to support the preservation and revitalization of the Alutiiq Language. April Kodiak Island Borough Volume XXIX April 15, 2004 Page 33 Laktonen Counceller accepted the proclamation and asked people to participate in the activities in celebration of Alutiiq week. Mayor LeDoux proclaimed April 2004 as "Child Abuse Prevention Month," encouraging all citizens to increase their participation in the efforts to prevent child abuse, thereby strengthening the communities in which we live. She also proclaimed April 2004, as "Sexual Assault Awareness Month," encouraging all Alaskans to support local activities and programs which assist victims to learn more about the pervasiveness of sexual assault so we may eliminate this heinous crime. Aksana Mather, with the Kodiak Womens Resource and Crisis Center, accepted both proclamations and thanked the Assembly for their support. B. Employee of the Quarter Manager Carlson presented the Employee of the Quarter Award to Marilynn McFarland, Child Care Assistance Program Coordinator in the Finance Department. C. Longevity Awards Manager Carlson presented a Five -Year Longevity Award to Marylynn McFarland, Child Care Assistance Program Coordinator in the Finance Department. Manager Carlson presented a Five -Year Longevity Award to Jeff Johnson, Baler Operator II at the landfill facility with the Engineering and Facilities Department. D. Longevity Award Assemblymember Heinrichs presented a Fifteen -Year Longevity Award to Pat Carlson, Borough Manager. He thanked Manager Carlson for his excellent service to the Kodiak Island Borough. CITIZENS' COMMENTS Captain Dave Davis of the Salvation Army thanked the Assembly for the privilege to serve as the crossing guard coordinator. He thanked all the volunteers for their excellent community service. He said additional volunteers were needed. Tom Quick, Mayor of the City of Ouzinkie, congratulated Manager Carlson and thanked him for always understanding the village concerns. COMMITTEE REPORTS Cecil Ranney attended the School District Budget Review Committee meetings. He said the last meeting would be on Monday, April 19 to adopt their budget. He urged people to continue to contact the legislators to support increases on school funding bills. PUBLIC HEARING - None. BOROUGH MANAGER'S REPORT Manager Carlson attended the Rocket Launch Facility forum and the Exxon Valdez Oil Spill Council forum. He said the Trinity Paving contract and the Community Health Care bids would be before the Assembly soon. He said the Kodiak Island Borough Volume XXIX April 15, 2004 Page 34 loss of revenue sharing would cause a potential increase in taxes or funding cuts. He noted it would be impossible to maintain the current funding structure. He encouraged everyone to vote keeping in mind the cost associated with the propositions. He was confident the State would hold up their reimbursement part of the bargain. In response to Assemblymember Stevens, he said he was willing to go beyond the term of the existing contract and continue serving as the manager. MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux extended her condolences to the family of Jake Ketscher. She said Exxon Valdez Oil Spill Research funds were available to fishermen regarding clean up efforts. She reiterated the special election date was Tuesday, April 20, 2004. UNFINISHED BUSINESS A. Ordinance No. 2004 -02 Amending Kodiak Island Ordinances Title 3 Revenue and Finance Chapter 3. 3.01.030 Debt Policies Chapter 3.12 Appropriation 3.12.010 Ordinance Enactment - Appropriation Form Contract, Purchase, Sale, and Transfer Procedures Limitation on Manager's Authority Section 3.16 Procedures Section 3.16.040 Advertising for Bids Exceptions to Bidding Requirements. This ordinance was postponed from the March 25 special meeting and the motion before the Assembly was to adopt Ordinance No. 2004 -02. The substituted version was made available to the public. HEINRICHS moved to amend Ordinance No. 2004 -02 by substitution, STEVENS ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Ranney, Stevens, Abell, Heinrichs Manager Carlson said this ordinance would amend NEW BUSINESS A. CONTRACTS Manager Carlson said this was waste from the villages. outdated code Borough Code of 01 Policy Section and Levy Section Chapter 3.16 Section 3.16.020 .030 Open Market Section 3.16.070 seconded sections. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Stevens, Abell, Heinrichs, Ranney 1. Contract No. 2004 -18 Shipping Equipment to Akhiok, Karluk, Larsen Bay, Old Harbor, Ouzinkie, and Port Lions. HEINRICHS moved to approve Contract No. 2004 -18 to Lazy Bay, LLC in an amount not to exceed $18,374.78, seconded by STEVENS for transportation of household hazardous ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Heinrichs, Ranney, Stevens Kodiak Island Borough Volume XXIX April 15, 2004 Page 35 2. Contract No. 2004 -19 for the Survey and Platting of Kodiak Island Borough Lands Located at Eagle Harbor, Ugak Bay, Kodiak. ABELL moved to approve Contract No. 2004 -19 with Kodiak Land Surveying in an amount not to exceed $33,560, seconded by HEINRICHS Manager Carlson said this would allow Kodiak Land Surveying to survey lands located at Eagle Harbor /Ugak Bay area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Heinrichs, Ranney, Stevens, Abell C. RESOLUTIONS. 1. Resolution No. 2003 -20C Amending Resolution No. 2003 -20 Establishing Fees of the Kodiak Island Borough to Discount Fees for Disposal of Junk Vehicles and Residential Metals During Spring Clean -up. HEINRICHS moved to adopt Resolution No. 2003 -20C, seconded by ABELL Manager Carlson said this would discount fees for the disposal of junk vehicles and residential metals. The Borough used to waive fees; however, with the loss of a grant, staff recommended offering a discounted rate of 25 %. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stevens, Abell, Heinrichs 2. Resolution No. 2004 -11 Relating to Research Into the Decline of the Southwest Alaska Population of the Northern Sea Otter in the Western Gulf of Alaska. STEVENS moved to adopt Resolution No. 2004 -11, seconded by HEINRICHS Manager Carlson said this resolution requested that the United States Fish and Wildlife Service and the United States Congress provide $5,000,000 a year over the next five years to conduct research into the abundance of the Northern Sea Otter and the cause of the decline of the Southwest Alaska population of the Northern Sea Otter in the western Gulf of Alaska. Assemblymember Heinrichs wanted to see the real causes of decline based on good science. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stevens, Abell, Heinrichs, Ranney D. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2004 -07 Amending Kodiak Island Borough Code of Ordinances Title 16 Subdivision Chapter 16.40 Preliminary Plat Section 16.40.060 Procedure Chapter 16.60 Vacations Section 16.60.030 Required Application Section 16.60.040 Action and Title 17 Zoning Chapter 17.66 Variances Section 17.66.040 Public Hearing and Notice Chapter 17.67 Conditional Use Permits Section 17.67.040 Public Hearing. Kodiak Island Borough Volume XXIX April 15, 2004 Page 36 HEINRICHS moved to adopt Ordinance No. 2004 -07 in first reading to advance to public hearing on May 6, 2004, seconded by STEVENS Manager Carlson said this was a minor amendment to the code to update the Planning and Zoning Commission by -laws. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Heinrichs, Ranney, Stevens C. OTHER ITEMS 1. Vacation of a Portion of Undeveloped Perenosa Drive Right of Way. ABELL moved to grant the vacation of a portion of undeveloped Perenosa Drive right of way, seconded by HEINRICHS Manager Carlson said this was approved by the Planning and Zoning Commission on March 17, 2004 and was submitted to the Assembly for final review. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Heinrichs, Ranney, Stevens, Abell 2. April 20, 2004 Special Municipal Election Workers. STEVENS moved to approve the special election workers as submitted by the Borough Election Supervisor, seconded by HEINRICHS Clerk Nielsen asked for the approval of the election workers. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stevens, Abell, Heinrichs 3. Resignation of Monashka Bay Road Service Area Board Member. HEINRICHS moved to accept, with regret, the resignation of Jeff Hamer on the Monashka Bay Road Service Area Board for a term to expire October 2004 and directed the Borough Clerk to advertise the vacancy per Borough Code, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stevens, Abell, Heinrichs, Ranney 4. Federal Emergency Management Agency Fire Fighters Grant Award. ABELL moved to accept the Federal Emergency Management Agency Fire Fighters Grant Award in the amount of $158,200, seconded by HEINRICHS Manager Carlson said this grant award would be used to and firefighter safety equipment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Stevens buy fire operations Heinrichs, Ranney, 5. Appointment to the Mission Lake Tidegate Service Area Board. STEVENS moved to appoint Norm Sutliff to a seat on the Mission Lake Tidegate Service Area Board for a term to expire December 31, 2006, seconded by HEINRICHS Kodiak Island Borough Volume XXIX April 15, 2004 Page 37 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Heinrichs, Ranney, Stevens, Abell 6. Vacancy on the Citizens' Board of Equalization. RANNEY moved to declare the seat held by Jeff Sanford on the Citizen's Board of Equalization for a term to expire December 31, 2005 vacant, seconded by ABELL ROLL CALL VOTE ON MOTION: Ranney, Stevens, Abell, Heinrichs CITIZEN COMMENTS - None ASSEMBLYMEMBER COMMENTS Assemblymember Ranney asked the voters to express their wishes on the bond issues by voting. Assemblymember Abell encouraged everyone to vote. He wanted to see future discussion about the Shuyak fund since it was not earning dividends as expected. Assemblymember Stevens congratulated those who accepted the awards. He said they met with Senator Stevens, Senator Murkowski, and staff of Congressman Young during their travel to Washington, D.C. They also met with the staff of different agencies and said the trip was very productive. Assemblymember Heinrichs enjoyed the rendition of the Lord's prayer in Alutiiq. He thanked the longevity awardees for their years of service. He thanked Captain Davis for coordinating the crossing guard program. He encouraged everyone to vote. Mayor LeDoux announced the Assembly would meet in a joint Assembly /City Council work session on Tuesday, April 27 at 7:30 p.m. in the Borough conference room, a work session on Thursday, April 29 at 7:30 p.m. in the Borough conference room, and a regular meeting on Thursday, May 6, at 7:30 p.m. in the assembly chambers. She encouraged everyone to vote and noted absentee voting was available through April 19 in the Borough Clerk's office. She thanked the election workers for being generous with their time during the election process. ADJOURNMENT With no objection, the mayor adjourns the meeting at 8:37 p.m. ATTEST: 5{u� a udith A. Niels udith A. Nielson, Borough Clerk Approved: 05/06/2004 Kodiak Island Borough April 15, 2004 Volume XXIX Page 38