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2004-10-07 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting October 7, 2004 A regular meeting of the Kodiak Island Borough Assembly was held October 7, 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 Pastor Larry Cornett of the Church of the Nazarene, followed by the Pledge of Allegiance. Present were Assemblymembers Tom Abell, Mike Anderson, Tuck Bonney, Pat Branson, Robin Heinrichs, Cecil Ranney, and Nancy Wells. Absent was Mayor Gabrielle LeDoux. Staff present were Manager Pat Carlson, Clerk Judi Nielsen, and Assistant Clerk Laura Casey. APPROVAL OF AGENDA BRANSON moved to approve the agenda, seconded by HEINRICHS VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES - None. AWARDS AND PRESENTATIONS 1. Proclamation - Domestic Violence Awareness Month Mayor LeDoux proclaimed October 2004 as "Domestic Violence Awareness Month" urging all citizens to actively support and participate in the ongoing programs designed to reduce, and eventually eliminate domestic violence as a social problem. Aksana Mather of the Kodiak Womens Resource Center accepted the proclamation and thanked the Assembly for their support. CITIZENS' COMMENTS Mike Sirofchuck, Parks and Recreation Committee member, said many hours of work by the Committee as well as public comment went into the draft of Resolution No. FY 2005 -06. He urged the Assembly to adopt the Resolution. Deputy Mayor Bonney thanked the Committee for their time and efforts to bring forward a plan that would benefit everyone on the island. COMMITTEE REPORTS Assemblymember Heinrichs said SWAMC rescheduled their meeting to Thursday, October 14 due to lack of a quorum. He said the In -Kind Bond Committee would meet Monday, October 18 to complete a Memorandum of Agreement for the School District. PUBLIC HEARING - None. BOROUGH MANAGER'S REPORT Manager Carlson said we should feel fortunate to live in the United Sates where the voting process was good. Kodiak Island Borough October 7, 2004 Volume XXIX Page 89 B MESSAGES FROM THE BOROUGH MAYOR Deputy Mayor Bonney said the North Pacific Fisheries Management Council meetings were held in Sitka and encouraged the Borough and City to agree on issues that would benefit the community and not one person or any one group. UNFINISHED BUSINESS - None. NEW BUSINESS A. CONTRACTS 1. Contract No. 2004 -51 Fiscal Year 2005 -2006 Towing Services. BRANSON moved to approve Contract No. 2004 -51 with Rhino Towing in an amount not to exceed $13,100, seconded by ABELL Manager Carlson said the document reflected an end date of June 30, 2006. He said the contract amount was based on historical numbers. In response to Assemblymember Wells, Manager Carlson said this would bind Rhino Towing to provide the services only if they were called out. Manager Carlson reaffirmed that the amount approved was based on historical numbers without a cap; however, the amount paid would be determined by the number of calls made. Bonney moved to postpone Contract No. 2004 -51 to the next regular meeting, seconded by Anderson Deputy Mayor Bonney wanted discussion about solid waste at the next work session. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Abell, Anderson, Bonney, Branson, Heinrichs, Ranney, Wells 2. Contract No. 2004 -52 Construction and License Agreement Between the Kodiak Island Borough and Kodiak Kenai Cable Company, LLC for a Fiber Optic Marine Survey from Anchorage to Kodiak. HEINRICHS moved to approve Contract No. 2004 -52 in the amount of $2,473,694 with Kodiak Kenai Cable Company, LLC and authorize the manager to enter into a two -year license agreement, seconded by BRANSON Manager Carlson said based on new information the contract should be amended to reflect a two and half year agreement. Assemblymember Wells wanted to postpone action to review the new contract. WELLS moved to postpone Contract No. 2004 -52 to the next regular meeting, seconded by BONNEY In response to Assemblymember questions, Ik Icard, Icard Consulting Services, gave a brief review of the contract, saying the time -frame to install the equipment by next year was tight because ground work needed to be done. Assemblymember Branson wanted legal counsel present at the next work session to answer questions about the contract. Kodiak Island Borough October 7, 2004 Volume XXIX Page 90 ROLL CALL VOTE ON MOTION TO POSTPONE FAILED UNANIMOUSLY: Anderson, Bonney, Branson, Heinrichs, Ranney, Wells, Abell HEINRICHS moved to postpone Contract No. 2004 -52 to a special meeting on October 14, 2004, seconded by BRANSON ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Bonney, Branson, Heinrichs, Ranney, Wells, Abell, Anderson B. RESOLUTIONS 1. Resolution No. 2005 -05 Accepting a FY 2005 Alaska Coastal Management Program (ACMP) Grant for the Purpose of Partially Funding the Amendment of the 1984 Kodiak Island Borough Coastal Management Plan (KIB CMP) and Authorizing the Borough Manager to Enter into a Sole Source Contract with Glenn Gray and Associates for Unique Professional Services. WELLS moved to adopt Resolution No. FY 2005 -05, seconded by BRANSON Manager Carlson said this accepted Alaska Coastal Management Program grant funds for the KIB Coastal Management Plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Heinrichs, Ranney, Welts, Abell, Anderson, Bonney 2. Resolution No. 2005 -06 Adopting Recommendations on the Department of Natural Resources Recommended Revisions and Issue a Response Summary Relating to the Public Review Draft of the Kodiak Area Plan for Alaska State Lands. HEINRICHS moved to adopt Resolution No. FY 2005 -06, seconded by BRANSON Manager Carlson said this had been a long process for the Parks and Recreation Committee and the Planning and Zoning Commission to protect community access to state lands. Assemblymember Wells thanked the Parks and Recreation Committee and Planning and Zoning Commission members. Deputy Mayor Bonney said this was the result of a two year process by a balanced group to bring a trail plan forward. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Heinrichs, Ranney, Wells, Abell, Anderson, Bonney, Branson C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY 2005 -07 Amending Kodiak Island Borough Code of Ordinances Title 1 General Provisions Chapter 1.04 General Provision Section 1.04.030 Definitions Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.080 Executive Absence Chapter 2.16 Borough Assembly Section 2.16.050 Oath Deputy Mayor Section 2.16.060 Declaring and Filling Vacancies Chapter 2.17 Rules of the Assembly Section 2.17.030 Types of Meetings Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedure Section 3.16.100 Change Orders Manager Authority. Kodiak Island Borough October 7, 2004 Volume XXIX Page 91 ANDERSON moved to adopt Ordinance No. FY 2005 -07 in first reading to advance to public hearing on October 21, 2004, seconded by HEINRICHS Clerk Nielsen said this would change the Code reference of Deputy Mayor to Deputy Presiding Officer to conform with Title 29. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Wells, Abell, Anderson, Bonney, Branson, Heinrichs D. OTHER ITEMS 1. Revenue Accountant Hire at a Salary Range 20 Step I. WELLS moved to authorize the Manager to hire the Revenue Accountant at a salary range 20 step I, seconded by HEINRICHS Manager Carlson said the actual salary range was 20.5 step I. It was difficult to fill the position and the applicant wanted to retain their current rate of pay. HEINRICHS moved to amend the salary range to 20.5 step I, seconded by BRANSON ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Wells, Abell, Anderson, Bonney, Branson, Heinrichs, Ranney ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Abell , Anderson, Bonney, Branson, Heinrichs, Ranney, Wells 2. Review of Liquor License Renewal for Kodiak Island Winery HEINRICHS moved to voice non - objection to the Alcoholic Beverage Control Board renewal application for the Kodiak Island Winery, seconded by BRANSON Manager Carlson said there were issues regarding platting and zoning that would not be resolved until completion of the Chiniak Comprehensive Plan. There was general Assemblymember discussion regarding the importance of the Chiniak Comprehensive Plan to allow the issues to be resolved. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Anderson, Bonney, Branson, Heinrichs, Ranney, Wells, Abell CITIZEN COMMENTS John Miller thanked Manager Carlson for his letter responding to the questions he had regarding taxes and finances of the Borough. ASSEMBLYMEMBER COMMENTS Assemblymember Abell was concerned about hiring new personnel at the top of the salary range. Assemblymember Wells congratulated those who were elected and those who ran. She received a letter from Jim Nestic, Mayor of Old Harbor, asking for support due to reduced village revenue sharing. Kodiak Island Borough October 7, 2004 Volume XXIX Page 92 Assemblymember Anderson congratulated Nova Javier for receiving her Certified Municipal Clerk designation and Barbara Williams for being elected to the Assembly. He noted that propositions one and two were approved by the voters and he hoped to pay for the projects without raising property taxes. Assemblymember Heinrichs congratulated newly - elected Assemblymembers Pat Branson, Mike Anderson, and Barbara Williams. He encouraged the City and Borough to evaluate fish revenue. Assemblymember Branson congratulated the newly elected officials. She wanted discussion on the need to increase fish tax for the villages at the next joint work session. EXECUTIVE SESSION A. Matters Pertaining to Personnel: ANDERSON moved to convene into executive session to discuss matters pertaining to personnel, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Branson, Heinrichs, Ranney, Wells, Abell, Anderson Deputy Mayor Bonney recessed the regular meeting at 8:30 p.m. and asked Manager Carlson and Donna Carlson to join them in executive session. Deputy Mayor Bonney reconvened the regular meeting and announced that no action would be taken as a result of the executive session. ADJOURNMENT With no objection, Deputy Mayor Bonney adjourned the meeting at 9:18 p.m. ATTEST: / A. Niels n, CMC, Borough Clerk Approved: 11/04/2004 Kodiak Island Borough October 7, 2004 A Tuck Bonney, Deputy Mayor Volume XXIX Page 93