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2004-12-16 Regular MeetingKodiak Island Borough December 16, 2004 KODIAK ISLAND BOROUGH Regular Assembly Meeting December 16, 2004 A regular meeting of the Kodiak Island Borough Assembly was held December 16, 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 Mayor Jerome Selby and Assemblymembers Tom Abell, Mike Anderson, Tuck Bonney, Pat Branson, Cecil Ranney, Nancy Wells, and Barbara Williams. Staff present were Administrative Official Bud Cassidy, Interim Manager Nancy Galstad, Deputy Clerk Nova Javier, and Assistant Clerk Laura Casey. APPROVAL OF AGENDA BONNEY moved to approve the agenda, seconded by BRANSON VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES - None AWARDS AND PRESENTATIONS - None CITIZENS' COMMENTS Robert Mimes, Bayside Fire Chief, said he was available for questions regarding contract No. 2004 -62. Stacy Studebaker thanked the Assembly for adopting Resolution FY2005 -06. She said the road closure for the last rocket launch limited public access to prime public recreation lands for an entire week. She encouraged the Assembly to adopt another resolution confirming Resolution FY2005 -06. Jav Johnston urged the Assembly to approve the repairs to the existing pool because construction of the new pool would take a couple of years. COMMITTEE REPORTS Assemblymember Ranney attended the North Pacific Fisheries Management Council meetings in Anchorage. The prime concern was gulf rationalization and its impact on Kodiak. He said several options were being considered and the community needed to remain aware of the impact to the economy. PUBLIC HEARING A. Ordinance No. FY2005 -09 Rezoning Lot 21, Seaview Subdivision From I- Industrial To B- Business. (P &Z Case 04 -012) ABELL moved to adopt Ordinance No. FY2005 -09, seconded by BRANSON Administrative Official Cassidy said the Planning and Zoning Commission recommended the rezone from industrial to business zoning. Mayor Selby opened the public hearing, hearing and seeing none, he closed the public hearing and reconvened the regular meeting. Assemblymember Ranney received clarification on the map that the area across the street from the industrial section was zoned business. Volume XXIX Page 115 Assemblymember Wells was concerned about rezoning a pocket of business use to allow multi residential next to an industrial strip that was outside of any fire protection service and comprehensive plan. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED SIX TO ONE: Abell, Anderson, Bonney, Branson, Ranney, Wells (No), Williams BOROUGH MANAGER'S REPORT Administrative Official Cassidy introduced new Borough Interim Manager Nancy Galstad and noted that the transition with prior manager Carlson was going well. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby attended the North Pacific Fisheries Management Council meeting in Anchorage with Assemblymember Ranney. He said the Assembly's resolution was well received and had made it to the second step of completing an analysis. The next gulf rationalization meeting would be held in Sitka in February. He doubted the analysis would be ready in February. UNFINISHED BUSINESS - None NEW BUSINESS CONTRACTS 1. Contract No. 2004 -57 Construction of the Mission Lake Tide Gate - Project No. KIB 262 -268. Assemblymember Anderson excused himself declaring a conflict of interest. WILLIAMS moved to award Contract No. 2004 -57 to Anderson Construction for tide gate construction in an amount not to exceed $52,530.00, seconded by BRANSON Administrative Official Cassidy said the contract was to construct the tide gate at Mission Lake. He recommended moving forward with the contract. Assemblymember Ranney supported the contract but had reservations. He agreed it was money well spent, but it was not in the budget. Assemblymember Abell said Norm Sutliff had been waiting and wished him Merry Christmas. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Bonney, Branson, Ranney, Wells, Williams, Abell 2. Contract No. 2004 -61A Legislative Consultant for the Kodiak Island Borough During the FY05 and FY06 Legislative Sessions. BRANSON moved to approve Contract No. 2004 -61A with Hickey and Associates for the period of January 1, 2005 through December 31, 2006 in an amount not to exceed $35,000 per year, seconded by BONNEY Administrative Official Cassidy said the contract the term coincided with the legislative year. Assemblymember Branson said Hickey and Associates in the past and she fully supported the contract. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Welts, Williams, Abell, Anderson, Bonney Kodiak Island Borough December 16, 2004 a long time for this was the same except that had done a wonderful job Branson, Ranney, Volume XXIX Page 116 3. Contract No. 2004 -62 Purchase of Fire Safety Equipment - Bayside Fire Station. BRANSON moved to purchase Fire Safety Equipment from Eagle Enterprises, Inc. in an amount not to exceed $158,191.35, seconded by BONNEY Administrative Official Cassidy said Bayside had applied for a FEMA grant that was at 90% with a Bayside match of 10% for much needed equipment. Assemblymember Anderson applauded Bayside for pursuing grants with only a 10% match. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Ranney, Wells, Williams, Abell, Anderson, Bonney, Branson 4. Contract No. 2004 -63 Awarding a Sole Source Contract to Provide Swimming Pool Sand Filter, Tanks, Pumps, Media and Chemical Controller and Miscellaneous Piping and Transportation to Seattle to Reconstruct the High School Swimming Pool. BONNEY moved to award Contract No. 2004 -63 to W.M. Smith and Associates Inc. in an amount not to exceed $26,500, seconded by WILLIAMS Administrative Official Cassidy said this provided for the purchase of supplies to get the pool operating. It would take 30 days to manufacture and ship the supplies. In response to Mayor Selby, this was a sole source contract because the company provided maintenance in the past. Assemblymember Ranney clarified that last year's Facilities Fund interest funded the contract. Assemblymember Branson thanked Mr. available in the facility fund. Assemblymember Wells said this Kodiak Island Borough December 16, 2004 Cassidy for providing the amount of money should get us through the completion of the new pool and she supported the contract. Assembymember Abell said the pool needed to be repaired for it to operate and he supported the contract. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Wells, Williams, Abell, Anderson, Bonney, Branson, Ranney RESOLUTIONS 1. Resolution No. FY2005 -10 A Joint Resolution of the Kodiak Island Borough Assembly and the Kodiak Island Borough School District Board Adopting a Memorandum of Understanding That Will Establish a Procedure for Governing the Accounting and Application on In -Kind Services. BRANSON moved to adopt Resolution No. FY2005 -10, seconded by WILLIAMS Administrative Official Cassidy said the memoradum was established by a Bond Ad Hoc Committee to define what In Kind Services were. Assemblymember Branson said this was a long process and would give more accountability on actions taken. She thanked Norm Wooten, Robin Heinrichs, and Jeff Stephan for their involvement. Assemblymember Wells appreciated those that worked diligently on the document. This reflected the intent from both parties and was in the best interest of students and their education. Mayor Selby thanked the committee for their hard work and hoped this would prevent the return of any further state money in the future. Volume XXIX Page 117 ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Williams, Abell, Anderson, Bonney, Branson, Ranney, Wells 2. Resolution No. FY2005 -11 Adopting a Capital Improvement Program for Fiscal Years 2005 -2009 and Establishing a Capital Improvement Projects Priority Lists. WILLIAMS moved to adopt Resolution No. FY2005 -11, seconded by BRANSON Administrative Official Cassidy said this was an annual resolution prepared for the legislative session. Mayor Selby said 39 new projects were requested adding up to $100 million. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Abell, Anderson, Bonney, Branson, Ranney, Wells, Williams ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2004 -10B Amending Ordinance No. 2004 -10 Fiscal Year 2005 Budget Moving Funds from the Facilities Fund to the Borough Capital Projects Fund (Fund 410) to Pay for Swimming Pool Repairs And to Fund a New Tide Gate at Mission Lake. ABELL moved to adopt Ordinance No. FY2004 -10B in first reading to advance to public hearing on January 6, 2004, seconded by BRANSON Administrative Official Cassidy said this was a corrected version because funds were not moved from the Facilities Fund but from Fund 410 to the appropriate accounts. Assemblymember Anderson said it would take a few years for the construction of the new pool and it was important to get on line. He said Mission Lake offered a lot to the community and the new tide gate was state of the art. He said using the interest from the Facilities Fund was a good use of the money. He wanted the Mission Lake Service Area to fund maintenance costs. Mayor Selby said the Borough would pay the $55,000 for construction of the tide gate and the residents would not be assessed that amount. Administrative Official Cassidy said the Mission Lake Service Area would be assessed for the operation and maintenance of the tide gate. Assemblymember Branson clarified the ordinance would transfer funds between accounts. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Anderson, Bonney, Branson, Ranney, Wells, Williams, Abell OTHER ITEMS 1. Settlement Agreement and Release Between the Kodiak Island Borough and Mr. Patrick S. Carlson. ANDERSON moved to postpone action pending the executive session, seconded by WILLIAMS ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Bonney, Branson Ranney, Wells, Williams, Abell, Anderson 2. Kodiak Island Borough Assembly Meeting Schedule for 2005. BONNEY moved to approve the Assembly 2005 Meeting Schedule, seconded by BRANSON Kodiak Island Borough December 16, 2004 Volume XXIX Page 118 ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Wells, Williams, Abell, Anderson, Bonney 6. Confirmation of Mayoral Appointment Kodiak Island Borough December 16, 2004 Nancy Wells - Expires Branson , Ranney, 3. Confirmation of Mayoral Appointments of Assemblymember Representatives to Boards, Committees, Commissions, and Councils. BRANSON moved to confirm the mayoral appointments of Assemblymember representatives to Boards, Committees, Commissions, and Councils, seconded by BONNEY The appointments were as follows: Architectural Review Board Mike Anderson Parks and Recreation Committee Tuck Bonney Kodiak College Council Barbara Williams School District Budget Advisory Committee Cecil Ranney School District Strategic Planning Committee Barbara Williams School District Facilities Review Committee Tom Abell Joint Building Code Review Committee Mike Anderson Providence Health System Service Area Board Pat Branson - Expires Providence Mental Health Center Advisory Council Note: Emergency Services Council Economic Development Committee ROLL CALL VOTE ON MOTION TO CONFIRM CARRIED UNANIMOUSLY: Williams, Abell, Anderson, Bonney, Branson 4. Assembly Appointment to the Bay View Road Service Area Board. WILLIAMS moved to appoint Fred Roberts to a seat on the Bay View Road Service Area Board to expire 2006, seconded by BRANSON ROLL CALL VOTE ON MOTION TO APPOINT CARRIED UNANIMOUSLY: Wells, Williams, Abell, Anderson, Bonney, Branson, Ranney 5. Confirmation of Mayoral Appointment to the Architectural Review 12/31/2005 12/31/2006 Mayor Selby Mayor Selby Ranney , Wells, WELLS moved to confirm the mayoral appointment of Brent Watkins to a seat on the Architectural Review Board to expire December 31, 2007, seconded by BRANSON ROLL CALL VOTE ON MOTION TO CONFIRM CARRIED UNANIMOUSLY: Williams, Abell, Anderson, Bonney, Branson, Ranney, Wells to the Parks and Rec Committee. Board. BRANSON moved to confirm the mayoral appointment of Pam Foreman to a seat on the Parks and Recreation Committee for a term to expire December 2007, seconded by BONNEY ROLL CALL VOTE ON MOTION TO CONFIRM CARRIED UNANIMOUSLY: Abell, Anderson, Bonney, Branson, Ranney, Wells, Williams 7. Confirmation of Mayoral Appointment to the Parks and Rec Committee. WELLS moved to confirm the mayoral appointment of Murphy Forner to a seat on the Parks and Recreation Committee for a term to expire December 2007, seconded by BONNEY Volume XXIX Page 119 ROLL CALL VOTE ON MOTION TO CONFIRM CARRIED UNANIMOUSLY: Anderson, Bonney, Branson, Ranney, Wells, Williams, Abell 8. Confirmation of Mayoral Appointment to the Parks and Rec Committee. BONNEY moved to confirm the mayoral appointment of Heather Turner to a seat on the Parks and Recreation Committee for a term to expire December 2007, seconded by ANDERSON ROLL CALL VOTE ON MOTION TO CONFIRM CARRIED UNANIMOUSLY: Bonney, Branson, Ranney, Wells, Williams, Abell, Anderson 9. Confirmation of Mayoral Appointment to the Planning and Zoning Commission. ANDERSON moved to confirm the mayoral appointment of Reed Oswalt to a Borough seat on the Planning and Zoning Commission for a term to expire December 31, 2007, seconded by WILLIAMS ROLL CALL VOTE ON MOTION TO CONFIRM CARRIED UNANIMOUSLY: Branson , Ranney, Wells, Williams, Abell, Anderson, Bonney CITIZEN COMMENTS - None ASSEMBLYMEMBER COMMENT Assemblymember Branson thanked the Borough staff for their hard work, especially Bud Cassidy, Nova Javier, and Laura Casey. She wished everyone a happy holiday and hoped for peace. Assemblymember Ranney said the Governor had gone from scrooge to santa by paying for the shortage in PERS, for two years, after that it would be the responsibility of the municipalities. At this time the governor had not provided for revenue sharing but provided energy relief to the villages. He encouraged everyone to lobby the legislature for a long term financial plan for PERS and revenue sharing for tax relief. Assemblymember Bonney wished the community happy holidays. Assemblymember Anderson thanked Bud Cassidy, Nova Javier, and Laura Casey. He welcomed Nancy Galstad. He agreed with Stacy Studebaker regarding AADC and said AADC representatives were invited to discuss the road closure. He encouraged the community to be involved in the numerous board vacancies. He wished everyone a Merry Christmas. Assemblymember Wells thanked and appreciated Borough staff. She wished everyone a merry and safe holiday. Assemblymember Abell welcomed Nancy Galstad. He thanked Bud Cassidy for stepping up, and the Clerk's office for doing a wonderful job. He would like to discuss the Facilities Fund at a work session. He hoped to lower taxes with the increased interest in the Facilities Fund. He wished everyone a happy holiday. Assemblymember Williams thanked Bud Cassidy, Nova Javier, and Laura Casey for stepping in during this time. She welcomed Nancy Galstad and wished everyone a very Merry Christmas. Kodiak Island Borough December 16, 2004 Volume XXIX Page 120 Mayor Selby announced that the Borough Offices would be closed on Friday, December 24 and Friday, December 31 in observance of the Christmas and New Year holidays. The Assembly would meet in a work session on Tuesday, December 28 and Thursday, December 30 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, January 6, 2005 at 7:30 p.m. in the Assembly Chambers. Mayor Selby announced the following Board vacancies and that applications were available in the Clerk's Office. Airport Advisory Committee- six vacant seats Airport Fire Protection Service Area Board - five vacant seats Architectural /Engineering Review Board - one vacant seat Arts Council Advisory Committee - three vacant seats Citizens Board of Equalization - three vacant seats Mission Lake "Tidegate" Service Area Board - one vacant seat Parks and Recreation Committee - one vacant seat Personnel Advisory Board - four vacant seats Planning and Zoning Commission - one vacant seat City Trinity Island Streetlight Service Area Board - two vacant seats Womens Bay Service Area Board - one vacant seat He encouraged the community to be involved. He thanked Nancy Galstad for coming to Kodiak on short notice and wished everyone a Merry Christmas and Happy New Year. EXECUTIVE SESSION A. Personnel Matters Pertaining to the Settlement Agreement and Release Between the Kodiak Island Borough and Mr. Patrick S. Carlson. WELLS moved to convene into executive session to discuss personnel matters directly related to the Settlement Agreement and Release Between the Kodiak Island Borough and Mr. Patrick S. Carlson, seconded by WILLIAMS ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Ranney, Wells Williams, Abell, Anderson, Bonney, Branson Mayor Selby invited the Clerk's Office staff to participate. Upon returning from the executive session, Mayor Selby reconvened the regular meeting. BRANSON moved to approve the settlement agreement and release between the Kodiak Island Borough and Mr. Patrick S. Carlson, seconded by BONNEY ROLL CALL VOTE ON MOTION TO APPROVE CARRIED UNANIMOUSLY: Abell, Anderson, Bonney, Branson, Ranney, Wells, Williams ANDERSON moved to terminate the Kodiak Island Borough Manager Patrick S. Carlson effective close of business December 17, 2004, seconded by WILLIAMS Kodiak Island Borough December 16, 2004 Volume XXIX Page 121 ROLL CALL VOTE ON MOTION TO TERMINATE CARRIED SIX TO ONE: Ayes: Ranney, Welts, Williams, Abell, Anderson, Bonney; Noes: Branson ADJOURNMENT BRANSON moved to adjourn, seconded by RANNEY ROLL CALL VOTE ON MOTION TO ADJOURN CARRIED SIX TO ONE: Ayes: Bonney, Branson, Ranney, Wells, Williams; Noes: Abell Mayor Selby adjourned the meeting at 9:25 p.m. ATTEST: Kodiak Island Borough December 16, 2004 rome Selby, , rpii K Ma •r ta- u¢t th A. Nielsen, , Borough Clerk Approved: 01/20/2005 Volume XXIX Page 122