Loading...
2004-12-02 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting December 2, 2004 A regular meeting of the Kodiak Island Borough Assembly was held December 2, 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 Sergeant Major Dave Blacketeer of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assemblymembers Tom Abell, Mike Anderson, Tuck Bonney, Cecil Ranney, and Nancy Wells. Staff present were Administrative Official Bud Cassidy, Deputy Clerk Nova Javier. ABELL moved to excuse Assemblymembers Pat Branson and Barbara Williams, seconded by BONNEY VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA ABELL moved to approve the agenda, seconded by WELLS ABELL moved to amend the agenda under executive session to read "Confidential Attorney - Client Communications and Personnel Matters Directly Related to the Manager's Performance and Employment Contract ", seconded by ANDERSON VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY VOICE VOTE ON MOTION TO APPROVE AS AMENDED CARRIED UNANIMOUSLY APPROVAL OF MINUTES Kodiak Island Borough Assembly Regular Meeting of November 18, 2004. ABELL moved to approve the minutes as submitted, seconded by ANDERSON Manager Carlson corrected the Borough Manager's report regarding Crab Boat Buy Back Program and said four crab boats were sold under that program. BONNEY moved to amend the minutes, seconded by ABELL VOICE VOTE ON MOTION TO CORRECT CARRIED UNANIMOUSLY VOICE VOTE ON MOTION TO APPROVE AS CORRECTED CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS - None CITIZENS' COMMENTS Bob Himes, Bayside Fire Chief, was available to answer any questions regarding their proposed operating policy and procedure. He noted Section II.d.3 should read $150.00 cash award instead of per diem. Iver Malutin phoned expressing road concerns near his residence on East Rezanof Drive that could become a liability to the borough. Kodiak Island Borough Assembly Minutes December 2, 2004 Page 107 Alexus Kwachka spoke in support of Resolution No. FY2005 -09 and stressed the importance of the Borough's participation in fisheries issues. Stosh Anderson said Resolution No. FY2005 -09 had very good goals and obectives; however, he noted his prior comment that it was important to add language that access rights should remain with fishermen and vessel owners. Terry Haines agreed with Mr. Anderson. He was concerned about children crossing the street at McDonalds. In response, Mayor Selby advised him to contact the City of Kodiak. Bud Cassidy, Engineering and Facilities Director, said he was available to answer any questions regarding Contract No. 2004 -59. Oliver Holms spoke in support of Resolution No. FY2005 -09 and concurred with Mr. Anderson's comments and the desire not to foster absentee ownership. Mike Sharrah supported Resolution No. FY2005 -09 to protect their rights. Theresa Peterson supported the resolution and Mr. Anderson's suggestions. She opposed any processor linkage in the Resolution and said safeguards should be put in place Roland Ross proposed an amendment which stated "history -based delivery requirements were not needed in the Gulf of Alaska to protect processors." Julie Kavanaugh supported the previous comments and the wording proposed by Mr. Anderson. She also opposed linkage- of access rights to the processors. COMMITTEE REPORTS Assemblymember Wells reported on the ongoing merger of the Providence Counseling Center and Safe Harbor. She said this would take place officially on January 1s 2005. PUBLIC HEARING - None BOROUGH MANAGER'S REPORT Manager Carlson gave an update on the North Star bike trail and lighting project. He said North Star Elementary School representatives were reviewing options to present to the Assembly for consideration. He said the funding source for the pool was identified and he would continue working with DEC and staff. He received a report from National Marine Fisheries Service relating to Kodiak's first right of refusal on Crab rationalization. A Joint Ad -Hoc Crab Quota Purchase Committee was formed with Assemblymembers Bonney and Ranney representing the Borough, and Council Members Saravia and Woodruff representing the City of Kodiak. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on his attendance of the State Chamber of Commerce Board meetings. He said PERS /TERS was faced with financial problems and a resolution was needed to benefit municipalities and the State of Alaska. UNFINISHED BUSINESS - None Kodiak Island Borough December 2, 2004 Assembly Minutes Page 108 NEW BUSINESS CONTRACTS 1. Contract No. 2004 -59 to Stabilization Plan and Borough Landfill. Manager Carlson said this would of the area and the engineering surface water collection system Provide Engineering Services to Design a Soil Island Toe Drain Continuation at the Kodiak WELLS moved to approve Contract No. 2004 -59 with CH2M Hill in an amount not to exceed $52,993, seconded by ANDERSON provide for a soil stabilization evaluation needed to extend the toe drain system and a up the hill to the baler building. ROLL CALL VOTE ON MOTION TO APPROVE CARRIED UNANIMOUSLY: Abell, Anderson, Bonney, Ranney, Wells 2. Contract No. 2004 -61 Professional Services Agreement Island Borough and M.R. Stearns Planning and Design, BONNEY moved to approve Contract No. 2004 -61 with M.R. Stearns Planning Design, LLC for the amount stated in the contract, seconded by RANNEY services for the Womens Bay Between the Kodiak LLC. and Manager Carlson said this would provide planning Sub Area Plan. ROLL CALL VOTE ON MOTION TO APPROVE CARRIED UNANIMOUSLY: Anderson, Bonney, Raney, Wells, Abell RESOLUTIONS 1. Resolution No. FY2005 -09 Endorsing Certain Elements for a Successful Gulf of Alaska Groundfish Rationalization Plan. BONNEY moved to adopt Resolution No. FY2005 -09, seconded by ANDERSON Carlson said this was viable to the Kodiak community where the was 70% directly dependent on fisheries. Manager economy and would propose the Assemblymember Abell thanked those who testified amendment based on testifier's recommendation. ABELL moved to amend Section 1 to add the language: requirements are not needed in the Gulf of Alaska seconded by ANDERSON Assemblymember Wells asked to reword the proposal in positive language. Assemblymember Bonney would vote against this amendment since it presented a let down to the processors. ROLL CALL VOTE ON MOTION TO AMEND FAILED FOUR TO ONE: Noes: Bonney, Ranney, Wells, Anderson, Yes: Abell Kodiak Island Borough December 2, 2004 "history -based delivery to protect processors ", Assembly Minutes Page 109 Assemblymember Ranney said efforts should continue to protect the community. He felt rationalization was repugnant and the priority was to protect community. He hoped their planned attendance to the North Pacific Fisheries Management Council's meeting in Anchorage would bring the best possible result to Kodiak. RANNEY moved to amend Section 2 to add: "access rights should be structured to encourage that ownership of the rights remain within the community ", seconded by BONNEY ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Ranney, Wells, Abell, Anderson, Bonney ROLL CALL VOTE ON MAIN MOTION TO ADOPT AS AMENDED CARRIED UNANIMOUSLY: Wells, Abell, Anderson, Bonney, Ranney ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2005 -09 Rezoning Lot 21, Seaview Subdivision From I- Industrial To B- Business. (P &Z Case 04 -012) BONNEY moved to adopt Ordinance No. FY2005 -09 in first reading to advance to public hearing on December 16, 2004, seconded by ABELL Manager Carlson said this went through the Planning and Zoning Commission and would be up for public hearing at the next Assembly meeting. Assemblymember Wells said the same applicant had a variance proposal for a soil remediation site before the Planning and Zoning Commission that should be taken into consideration. Manager Carlson said the variance was not on this tract. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Abell, Anderson, Bonney, Ranney, Wells OTHER ITEMS 1. Vacation of a Ten (10) Foot Utility Easement Running Through Russian Hill Subdivision, Proposed Lot 4A and Russian Creek Alaska Subdivision, Proposed Lots A -1 and A -1B. ABELL moved to grant the vacation of a ten (10) foot utility easement running through Russian Hill Subdivision, proposed Lot 4A and Russian Creek Alaska Subdivision, proposed Lots A -1 and A -1B, seconded by WELLS Manager Carlson said this was a clean up of utility easement and was recommended by Planning and Zoning Commission. ROLL CALL VOTE ON MOTION TO GRANT CARRIED UNANIMOUSLY: Anderson, Bonney, Ranney, Wells, Abell 2. Acceptance of the Kodiak Fire and Rescue, Bayside Fire Station and Community Training Center's Standard Operating Policy and Procedure Number 1.7. Kodiak Island Borough December 2, 2004 Assembly Minutes Page 110 ABELL moved to accept the Kodiak Area Fire and Rescue, Bayside Fire Station and Community Training Center's Standard Operating Policy and Procedure Number 1.7, seconded ANDERSON Manager Carlson reported this would implement a written procedure for longevity and awards. He noted the proposed change of Fire Chief Himes. WELLS moved to amend Section II.d.3 by deleting the words "per diem" and adding the words "$150.00 cash award ", seconded by ABELL ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Bonney, Ranney, Wells, Abell, Anderson ROLL CALL VOTE ON MAIN MOTION TO ACCEPT AS AMENDED CARRIED UNANIMOUSLY: Ranney, Wells, Abell, Anderson, Bonney CITIZEN COMMENTS - None ASSEMBLYMEMBER COMMENTS Assemblymember Bonney thanked Mayor Selby for moving Resolution No. FY 2005- 09 forward. Assemblymember Anderson concurred. Assemblymember Wells thanked Mayor Selby and wished the members of the local fishing industry good luck. She asked everyone to be watchful of kids when driving. In response to Assemblymember Abell, Manager Carlson said a report regarding the North Star bike path /lighting would be reviewed by the Parks and Recreation Committee and then presented to the Assembly. Mayor Selby thanked those who testified on Resolution No. FY 2005 -09. He announced the Assembly would hold a work session to include a special meeting tomorrow, December 3, 2004 at noon in the Borough Conference Room. The Assembly would meet in a work session on Tuesday, December 14 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, December 16, 2004 at 7:30 p.m. in the Assembly Chambers. EXECUTIVE SESSION A. Confidential Attorney - Client Communications. WELLS moved to convene into executive session to discuss Attorney - Client Communications and to discuss personnel matters directly related to the Manager's Performance and Employment Contract, matters that qualify for executive session, seconded by BONNEY Mayor Selby advised Manager Carlson he could request public discussion per KIBC 2.17.030. Manager Carlson declined. ROLL CALL VOTE ON MOTION TO CONVENE CARRIED UNANIMOUSLY: Ranney, Wells, Abell, Anderson, Bonney Mayor Selby recessed the regular meeting and invited the Clerk's Office Staff to participate in executive. Kodiak Island Borough Assembly Minutes December 2, 2004 Page 111 Manager Carlson was invited into Upon returning from the executive meeting and announced there is executive session. ADJOURNMENT WELLS moved to adjourn the meeting, seconded by ROLL CALL VOTE ON MOTION TO ADJOURN Anderson, Bonney, Ranney The meeting was adjourned at 10:45 p.m. ATTEST: th A. Nielsen) CMC, Borough Clerk the executive session; then excused. session, Mayor Selby reconvened the regular no action to be taken as a result of the ANDERSON CARRIED UNANIMOUSLY: Wells, Abell, J some Selby, Mayor - Approved:01 /20/2005 Kodiak Island Borough Assembly Minutes December 2, 2004 Page 112