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2004-10-21 Regular MeetingCOMMITTEE REPORTS Kodiak Island Borough October 21, 2004 KODIAK ISLAND BOROUGH Regular Assembly Meeting October 21, 2004 A regular meeting of the Kodiak Island Borough Assembly was held October 21, 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 Assemblymembers Tom Abell, Mike Anderson, Tuck Bonney, Pat Branson, Robin Heinrichs, and Cecil Ranney. Absent was Nancy Wells. Staff present were Manager Pat Carlson, Clerk Judi Nielsen, and Assistant Clerk Laura Casey. BRANSON moved to excuse Assemblymember Nancy Wells, seconded by HEINRICHS VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA BONNEY moved to approve the agenda, seconded by BRANSON VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES Kodiak Island Borough Assembly Regular Meetings of August 19 and September 2, 2004. HEINRICHS moved to approve the minutes as submitted, seconded by BRANSON VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS Manager Carlson presented a Five Year Longevity Award to Bonnie Nesheim, Interpretive Specialist /Receptionist in the Engineer /Facilities Department at the Kodiak Fisheries Research Center. Manager Carlson presented the Employee of the Quarter Award to Lauri Whiddon, Administrative Assistant in the Manager's Office. Deputy Mayor Bonney presented the Certified Municipal Clerk Designation to Nova Javier, Deputy Clerk in the Borough Clerk's Office CITIZENS' COMMENTS Ik Icard, Kodiak Kenai Cable Company, LLC Representative was available to answer questions on Contract No. 2004 -52..• Dr. Mollie Tevrucht, U.S. Army Corps of Engineers Project Manager, reported on the clean -up of pcb contaminated soil in Drury Gulch that would be completed next summer. Contaminated soil was shipped off - island and they investigated the airport area, the DOT building, and other small projects. She invited the public to their open house at Safeway on October 23. Volume XXIX Page 94 Jeff Brownlee, Alaska Department of Environmental Conservation, reported that DEC was working with the Corps to clean -up sites in the Kodiak area and to review documents ensuring that rules and guidelines were followed. They would finish the military clean up in the next few years. PUBLIC HEARING A. 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. HEINRICHS moved to adopt Ordinance No. FY 2005 -07, seconded by BRANSON HEINRICHS moved to amend Ordinance No. FY 2005 -07 by substitution to add the amendment to add KIBC section 2.15.080 Executive Absence in accordance with A.S. 29.20.260, seconded by BONNEY Clerk Nielsen noted the amendment would provide that the mayor, subject to Assembly approval, would designate a person to act as mayor during the mayor's temporary absence or disability. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Anderson, Bonney, Branson, Heinrichs, Ranney Mayor LeDoux opened the public hearing and called for public testimony; hearing and seeing none, she reconvened the regular meeting. ROLL CALL VOTE ON MOTION TO ADOPT AS AMENDED CARRIED UNANIMOUSLY: Anderson, Bonney, Branson, Heinrichs, Ranney, Abell BOROUGH MANAGER'S REPORT Manager Carlson recognized Deputy Clerk Javier on receiving her CMC designation and congratulated newly - elected Assemblymembers Branson and Williams and Mayor Selby. He said it was a pleasure and an honor to work with out -going Mayor LeDoux and Assemblymember Heinrichs. MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux congratulated the newly - elected Mayor and Assemblymembers. She said it was a bitter sweet moment to move on as the state representative. She appreciated her time as Borough Mayor and learned the importance of setting aside personal agendas to work for the betterment of the community. She encouraged the Assembly to continue to examine the Borough's investment policy. UNFINISHED BUSINESS A. Contract No. 2004 -51 Fiscal Year 2005 -2006 Towing Services. Clerk Nielsen said the motion before the Assembly was to "approve Contract No. 2004 -51 with Rhino Towing of Kodiak, Alaska in an amount not to exceed $13,100." Kodiak Island Borough October 21, 2004 Volume XXIX Page 95 Manager Carlson asked the Assembly to amend the motion to award for the submitted bid price. ANDERSON, moved to amend Contract No. 2004 -51 by replacing: "$13,100" with the words: "for the submitted bid price ", seconded by BRANSON ROLL CALL VOTE ON MOTION TO AMEND CARRIED: Anderson, Bonney, Branson, Heinrichs, Ranney, Abell, ROLL CALL VOTE ON MOTION TO APPROVE AS AMENDED CARRIED UNANIMOUSLY: Bonney, Branson, Heinrichs, Ranney, Abell, Anderson' B. 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. Clerk Nielsen noted the motion before the Assembly was "to approve Contract No. 2004 -52 in the amount of $2,473,694 with Kodiak Kenai Cable Company, LLC of Anchorage, Alaska and authorize the manager to enter into a two -year license agreement." Manager Carlson said this would result in the Borough owning the work product of the Marine Fiber Optic Survey between Kodiak and Anchorage and license the contractor exclusively for a two -year period to install the cable. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Heinrichs, Ranney, Abell, Anderson, Bonney NEW BUSINESS A. CONTRACTS - None B. RESOLUTIONS 1. Resolution No. FY 2005 -07 Ratifying and Certifying the Results of the Municipal Election Held October 5, 2004. BONNEY moved to adopt Resolution No. FY 2005 -07, seconded by BRANSON Clerk Nielsen said the Canvass Board met on October 7 and 13 and tallied the votes of absentee ballots, questioned ballots, and special needs ballots. This resolution would ratify and certify the final results on the election. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Heinrichs, Ranney, Abell, Anderson, Bonney, Branson C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY 2005 -08 Authorizing the Borough to Issue General Obligation School Bonds, 2004 Series B in the Principal Amount of Not to Exceed $11,050,000 to Provide Funds for School and Related Capital Improvements in the Borough and to Pay Costs of Issuing the Bonds, Fixing Certain Details of Such Bonds, Authorizing Their Sale, and Providing for Related Matters. HEINRICHS moved to adopt Ordinance No. FY 2005 -08 in first reading to advance to public hearing on November 4, 2004, seconded by BRANSON Kodiak Island Borough October 21, 2004 Volume XXIX Page 96 Manager Carlson said this was required to authorize the sale of the bonds that recently passed at the municipal election. He looked forward to the projects. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Abell, Anderson, Bonney, Branson, Heinrichs D. OTHER ITEMS 1. Waiving the Claimant's Failure to Make Timely Application for Exemption and Authorizing the Assessor to Accept the Application as if Timely Filed. BRANSON moved to waive the claimant's failure to make timely application for exemption and authorize the Assessor to accept the application as if timely filed, seconded by HEINRICHS Manager Carlson said this would approve a senior citizen's application for exemption that was received after the statutory deadline of March 15. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Anderson, Bonney, Branson, Heinrichs, Ranney 2. Disposal of Onion Bay Property. HEINRICHS moved to authorize the Manager to complete the transaction to dispose of Borough property located at Tract C, ASLS 76 -233 for a fair market value of $8,880 subject to the replat and easement dedication as depicted in the appraisal report, seconded by BONNEY Manager Carlson said this was recommended by Staff and the Planning and Zoning Commission subject to the conditions of approval for the owner to replat and provide a pedestrian easement. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Anderson, Bonney, Branson, Heinrichs, Ranney, Abell 3. Oath of Office to Newly- Elected Assembly Members. Clerk Nielsen administered the oath of office to newly- elected Assemblymembers Mike Anderson, Pat Branson, and Barbara Williams. 4. Oath of Office to Newly - Elected Mayor. Clerk Nielsen said Mr. Selby was out of town and would receive his oath of office prior to taking office on October 25. 5. Presentation to Out -Going Assembly Member. Deputy Mayor Bonney presented a plaque of leadership and outstanding service to out -going Assemblymember Robin Heinrichs. 6. Presentation to Out -Going Mayor. Deputy Mayor Bonney presented a plaque of outstanding service to out -going Mayor Gabrielle LeDoux. CITIZEN COMMENTS - None Kodiak Island Borough October 21, 2004 Volume XXIX Page 97 ASSEMBLYMEMBER COMMENT Assemblymember Ranney congratulated the newly - elected Assemblymembers and wished Mayor LeDoux the best in her future endeavors. He thanked Assemblymember Heinrichs for his service to the community. He appreciated the Assembly's compassion to allow the late filing of the senior citizen exemption. Assemblymember Abell congratulated the newly- elected Assemblymembers. He thanked Assemblymember Heinrichs for 16 years of leadership. He wished Mayor LeDoux the best of luck in Juneau. Assemblymember Anderson welcomed newly- elected Assemblymembers Branson and Williams. He thanked Assemblymember Heinrichs for his years of service. He wished Mayor LeDoux the best of luck in Juneau. He echoed Assemblymember Ranney's comments regarding compassion for seniors. Assemblymember Bonney thanked Assemblymember Heinrichs for his time served. He welcomed newly - elected Assemblymember Williams. Assemblymember Heinrichs welcomed newly- elected Assemblymembers Anderson, Branson, and Williams. He said it was a great honor to serve on the Assembly for nearly ten years. He appreciated Borough staff and the Clerk's office staff for their excellent support. He anticipated the Assembly would have discussion regarding new buildings, land fill, community growth, and the need to support education without state funding. He wished the Assembly and the community the best. Assemblymember Branson congratulated Bonnie Nesheim, Lauri Whiddon, Nova Javier, and newly elected Assemblymembers Anderson and Williams. She wished Mayor LeDoux the best at the November 2 Election. She hoped out -going Mayor LeDoux would remember the importance of local tax relief from the municipal dividends while she was in Juneau. She expressed her respect and gratitude to Assemblymember Heinrichs for his years of service to the Borough. Mayor LeDoux announced the Assembly would meet in a work session on Thursday, October 28 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, November 4 at 7:30 p.m. in the Assembly chambers The General Election would be held on Tuesday, November 2, 2004 and absentee voting was available in the Borough Clerk's office through November 1s For questions regarding polling precincts, please call the Borough Clerk's Office at 486 -9310. ADJOURNMENT With no objection, Mayor LeDoux adjourned the meeting at 8:18 p.m. ATTEST: 0 ith A. Nielsen, CMC, Borough Clerk Approved: 11/18/2004 Kodiak Island Borough October 21, 2004 Tuck Bonney,, Deputy Mayor Volume XXIX Page 98