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2004-08-19 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting August 19, 2004 A regular meeting of the Kodiak Island Borough Assembly was held August 19, 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 Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Gabrielle LeDoux, Assemblymembers Tom Abell, Mike Anderson, Robin Heinrichs, and Nancy Wells. Staff present were Manager Pat Carlson, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. HEINRICHS moved to excuse Assemblymembers Tuck Bonney, Pat Branson, and Cecil Ranney, seconded by ABELL VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA HEINRICHS moved to approve the agenda, seconded by ABELL VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Special Meeting of June 24, Regular Meeting of July 15, and Special Meeting of July 29, 2004. HEINRICHS moved to approve the minutes as submitted, seconded by ABELL VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS A. Lifesaving Awards Mayor LeDoux presented "Life Saving Awards" to Sarah Blondin, Tyson Patterson, Bryan Gilbert, Julia Becker, Amy Barns, and Wade Hall, thanking them for their quick actions and efforts in aiding a young man who was drowning in Lake Gertrude. B. Proclamation - Kodiak Island Borough Family Week Mayor LeDoux proclaimed April 25 -29, 2005 as "Kodiak Island Borough Family Week" encouraging the school district, organizations, and the family community to recognize the importance of strong family connections. Val Miller of Faith Resources Unlimited accepted the proclamation. CITIZENS` COMMENTS Tess Dietrich said her dog was trapped at the Brechan's asphalt plant in Bells Flats and had to be given euthanasia. She felt it could have been prevented if the plant had adequate fencing and said a child could have ended up in the same situation. She asked the Assembly to assess the situation. Kodiak Island Borough August 19, 2004 Volume XXIX Page 71 Sarah Thayer phoned in support of Ordinance No. 2004 -14. David Colwell spoke in support of Tess Dietrich and asked the Assembly to look at the open tar pit to avoid future casualties. COMMITTEE REPORTS - None. PUBLIC HEARING A. Ordinance No. 2004 -14 Placing a Ballot Measure Before the Voters at the October 5, 2004 Regular Municipal Election That, If Passed by the Voters, Would Exempt the Borough's Municipal Officers and Candidates for Elective Office of the Kodiak Island Borough from the Requirements of the State of Alaska Public Officials Financial Disclosure Law. HEINRICHS moved to adopt Ordinance No. 2004 -14, seconded by ABELL Manager Carlson said Alaska Statutes 39.50.145 provided that a municipality may exempt its municipal officers from the Alaska Public Officials Financial Disclosure Law if a majority of the voters voting on the question at a regular election vote to exempt its municipal officers. Assemblymember Abell said the voters failed this twice before and he felt the finances of elected officials was public information. Assemblymember Wells said the disclosure law was in place for a reason and supported maintaining the status quo. Assemblymember Heinrichs said the State should have a repository to file disclosure statements. He suggested writing a letter to APOC and having a conversation with Mark Hickey to lobby for this. Mayor LeDoux called for public testimony; seeing and hearing none, she reconvened the regular meeting. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Abell, Anderson, Heinrichs, Wells BOROUGH MANAGER'S REPORT Manager Carlson reported on the Exxon Valdez Oil Spill grant that the Borough administered regarding landfill and household hazardous waste. He said the Department of Environmental Conservation (DEC) had a proposal before them to withdraw the balance of the grant. He would speak to the Council on Monday regarding the positive aspects of the grant. He said the formal process for the Trinity Islands final assessment was moving forward. He said the drive way to the Sawmill property was being brought up to the State standards to prepare it for sale. He was working on acquiring some patents for the Pillar Creek area and the Eagle Harbor tracts. He received a notice of violation from DEC on the Landfill and he was reviewing the procedural aspects to address the issue. In response to Mayor LeDoux, he said the fiber optic cable would bring better access to the community including marketing, the stock market, value -added fish, and other opportunities. This would also be open to the Kenai Peninsula and would be a key link to a statewide system. Kodiak Island Borough August 19, 2004 Volume XXIX Page 72 MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux was excited about the fiber optic cable as a tremendous economic benefit to Kodiak. She was sorry about Tess Dietrich's loss and wanted to discuss the fencing issue at the next work session. She said the life- saving awards were appropriate and was pleased to see young people helping others. She agreed with the Assembly's failure to adopt Ordinance 2004 -14. UNFINISHED BUSINESS - None. NEW BUSINESS A. CONTRACTS 1. Contract No. 2004 -40 Kodiak Fisheries Research Center (KFRC) Janitorial Services. WELLS moved to award Contract No. 2004 -40 to All Action Cleaning in an amount not to exceed the base bid price of $40,600, seconded by HEINRICHS Manager Carlson said this would award the custodial contract for janitorial services at the KFRC. The Engineering and Facilities Department received four bids and recommended awarding the contract to All- Action Cleaning. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Anderson, Heinrichs, Wells, Abell 2. Contract No. 2004 -43 Providence Kodiak Island Counseling Center for Counseling Services to the KIB School District. WELLS moved to award Contract No. 2004 -43 with Providence Kodiak Island Counseling Center for Counseling Services to the Kodiak Island Borough School District in an amount not to exceed $381,350, seconded by HEINRICHS Manager Carlson said this would allow the Manager to execute a contract with Providence Counseling. Center for counseling services to the School District during the next school year. The new director, Scott Selby, worked with the School District to determine the programs' scope and requirements to ensure quality service within the budgeted amount. Assemblymember Wells said this was a valued service to the community and was also a model program in the State. She fully supported the contract and felt this type of service made Kodiak a good place to live. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Heinrichs, Wells, Abell, Anderson B. RESOLUTIONS - None. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY 2005 -04 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $6,210,000 to Finance the Planning, Design, and Construction of School and Related Capital Improvements, Including Without Limitation a New School Pool 6 -Lane, 1 Diving Board; and to Submit the Question of. the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 5, 2004 Regular Borough Election. Kodiak Island Borough August 19, 2004 Volume XXIX Page 73 ABELL moved to adopt Ordinance No. FY 2005 -04 in first reading to advance to public hearing on September 2, 2004, seconded by HEINRICHS Manager Carlson said this would place before the voters at the next election the question of incurring debt to finance the construction of a new pool facility. The school district identified the area between the high school and Armory to build the facility with an estimated cost of $6,210,000. This would facilitate the recovery of the existing pool space for athletic programs relieving space for voc -ed programs which would minimize the bond cost of addressing needs at the high school. Assemblymember Wells recognized that no one wanted their taxes raised; however, she said it was important to provide swimming lessons and saving even one child from drowning made the pool worthwhile. Assemblymember Abell said Kodiak needed a place for family activities and he was happy to see this come together. Assemblymember Heinrichs said the committee had the vision to incorporate the needs of the community and he was pleased with the outcome. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Wells, Abell, Anderson, Heinrichs 2. Ordinance No. FY 2005 -05 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $4,190,000 to Finance the Planning, Design, and Construction of School and Related Capital Improvements, Including Without Limitation the Kodiak High School Voc Ed /Classroom Reclamation; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 5, 2004 Regular Borough Election. WELLS moved to adopt Ordinance No. FY 2005 -05 in first reading to advance to public hearing on September 2, 2004, seconded by ABELL Manager Carlson said this would place before the voters at the next election the question of incurring debt to finance the remodel of the high school to increase the amount of voc ed classroom space. The school district estimated the cost to be $4,190,000 and identified two design scenarios based on whether or not the pool bond was approved. Assemblymember Wells said seismic studies would occur prior to any work and she felt this was a very well thought out plan. Assemblymember Heinrichs was pleased to see this project that would remodel the high school to reclaim vocational spaces that were lost over time. Assemblymember Abell said this would take advantage of state instead of doing the work at full cost to the community. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Anderson, Wells reimbursement Heinrichs, 3. Ordinance No. FY 2005 -06 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $2,805,000 to Finance the Planning, Design, and Construction of School and Kodiak Island Borough August 19, 2004 Volume XXIX Page 74 HEINRICHS moved to adopt Ordinance No. FY 2005 -06 in first reading to advance to public hearing on September 2, 2004, seconded by WELLS Manager Carlson said this would place before the voters at the next election the question of incurring debt.to finance the addition of six new classrooms at North Star Elementary School. This would facilitate future student growth increased use of the facility as an evacuation center for the north end of Kodiak. The school district estimated the cost to be $2,805,000. Assemblymember Abell said this would especially accommodate the need for special education classrooms. D. OTHER ITEMS Related Capital Improvements, Including Without Limitation the North Star Elementary Addition (6 Classrooms); and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 5, 2004 Regular Borough Election. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Anderson, Heinrichs, Wells, Abell 1. Purchase of Scott Air -Paks for Womens Bay Volunteer Fire Department. HEINRICHS moved to approve the purchase of 16 Scott Air -Paks for Womens Bay Fire Station from Eagle Enterprises, Inc. of Anchorage, Alaska in an amount not to exceed the base bid price of $27,468, seconded by ABELL Manager Carlson said this authorized the expenditure of Homeland Security Grant funds for air -paks for emergency responders at the Womens Bay Volunteer Fire Department. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Heinrichs, Wells, Abell, Anderson 2. Appointment to the Service Area No. 1 Board. ABELL moved to appoint Ed Mahoney to the Service Area No. 1 Board for a term to expire October, 2005, seconded by WELLS Clerk Nielsen said Ed Mahoney was the only applicant for this seat that would expire October 2005. Charlie Lorenson, Service Area No. 1 Board chair, on behalf of the Board, asked the Assembly to move forward with the appointment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Wells, Abell, Anderson, Heinrichs, 3. Acceptance of a NOAA Grant for a Gulf of Alaska Hydrographic Survey. WELLS moved to accept the NOAA grant in the amount of $2,473,694 for a hydrographic survey of the fiber optic route from Anchorage to Kodiak via Cook Inlet, seconded by ABELL Manager Carlson said this would authorize the grant agreement with NOAA to facilitate the Assembly's Strategic Plan to ensure that Borough citizens had access to high quality telecommunications. Kodiak Island Borough August 19, 2004 Volume XXIX Page 75 Assemblymember Heinrichs felt fiber optics would expand opportunities for Kodiak. Manager Carlson saw this gaining momentum and said AT &T representatives would travel to Kodiak to do a survey. Mayor LeDoux said the Assembly's lobbying trip to Washington DC was time well spent. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Anderson, Heinrichs, Wells CITIZEN COMMENTS Casey Janz, Planning and Zoning Commissioner, invited the Assembly to join the Commission in their discussion on the mobile home park section of the code. She looked forward to the formation of a Gravel Task Force in Kodiak. As a private citizen, she said she was in support of the proposed new pool. Iver Malutin phoned to ask for an update on the Anton Larsen Bay boat ramp. He was glad to see the fiber optic grant award accepted. In response, Manager Carlson said the boat ramp needed to be redesigned. He would continue to work with the Corps of Engineers for approval and permits. Cheryl Boehland thanked the Assembly for failing Ordinance 2004 -14. ASSEMBLYMEMBER COMMENTS Assemblymember Heinrichs congratulated the Life Saving Award recipients. He was pleased to see the Kodiak Family Week proclamation. He said the bond committee completed their work and this was a unique time to take advantage of the 60% State reimbursement. He looked forward to the new fiber optics. He asked Manager Carlson to brief the Assembly on DEC's notice of violation at the next work session. Assemblymember Anderson was honored to be appointed as an Assemblymember. Assemblymember Wells congratulated the parents of the Life Saving Award recipients. She asked everyone to drive carefully as school would start soon. She wanted the Assembly to review the fencing ordinance. Assemblymember Abell congratulated the Life Saving Award recipients. He concurred with Assemblymember Wells about reviewing the fencing ordinance. Mayor LeDoux announced the Assembly would meet in a work session on Thursday, August 26 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, September 2 at 7:30 p.m. 4n the assembly chambers. She announced that the primary election would be held Tuesday, August 24 and voters could vote absentee in the Borough Clerk's office through August 23. Kodiak Island Borough August 19, 2004 Volume XXIX Page 76 EXECUTIVE SESSION A. Matters That the Immediate Public Knowledge of Which Would Tend to Affect Adversely the Finances of the Borough Regarding: 1. The Borough's Bidding Process. HEINRICHS moved to convene into executive session to discuss the Borough's bidding process, a matter that the immediate public knowledge of which would tend to affect adversely the finances of the Borough, seconded by WELLS Manager Carlson said it was up to the Assembly if there was a need to convene into executive session. Assemblymember Anderson saw no need to convene into executive session as he was familiar with the code and would declare any needed conflict of interest. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Anderson, Heinrichs, Wells, Abell 2. The Borough's Interests in Tract A of Bells Flats Subdivision. HEINRICHS moved to convene into executive session to discuss the Borough's interests in Tract A of Bells Flats Subdivision, a matter that the immediate public knowledge would tend to affect adversely the finances of the Borough, seconded by WELLS Assemblymember Heinrichs requested background information in a memo form before further discussion of this subject ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Heinrichs, Wells, Abell, Anderson ADJOURNMENT With no objection, the mayor adjourns the meeting at 9:10 p.m. ATTEST: 47. C1 dith A. Nielsen, V CMC, Borough Clerk Kodiak Island Borough August 19, 2004 yo Gabrielle LeDo Ma of Y Approved: 10/21/2004 Volume XXIX Page 76