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2007-09-20 Regular MeetingThe following items were approved under consent agenda: • Kodiak Island Borough Regular Meetings of August 2 and August 16, 2007. • Contract No. FY2008 -11 Agreement for Analytical Laboratory Services. • Resolution No. FY2008 -06 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. • Approval of Workers for the October 2, 2007 Regular Municipal Election Workers KODIAK ISLAND BOROUGH Regular Assembly Meeting September 20, 2007 A regular meeting of the Kodiak Island Borough Assembly was held September 20, 2007 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 John Quinn of the Salvation Army. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Barbara Williams. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA WILLIAMS moved to approve the agenda and consent agenda, seconded by FRIEND. VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA CARRIED UNANIMOUSLY. AWARDS AND PRESENTATIONS Mayor Selby proclaimed September 25, 2007 as "National First Responder Appreciation Day" honoring and celebrating the contributions and sacrifices made by all first responders in the United States. Certificates were presented to Trooper Grant Cooper of the Alaska State Troopers, Terri Stone of Chiniak EMS Responders, Bob Juhlin of the Womens Bay Fire Station, and Jim Pickett of the Bayside Fire Station. CITIZENS' COMMENTS Stephen Tauffen and Shawn Dochterman spoke regarding the need for the City of Kodiak and the Kodiak Island Borough to support the Crewmen's proposal by resolution. Alex Turner would like the Assembly to support a proposal to prohibit smoking in bars and restaurants in Kodiak. She was directed to address a letter to the City of Kodiak and the Borough of Kodiak regarding her concerns. Rhonda Maker spoke in support of Stephen Tauffen and Shawn Dochterman's request. The following commented on Ordinance No. FY2008 -07: Hans Tschersich Mike Sweeney Craig Baker Steve Hall Bill Hinkle Matt Keplinger Susan Schmeisser Ed Coe Kodiak Island Borough Assembly Minutes September 20, 2007 Page 451 Todd Hiner Nathan Rose COMMITTEE REPORTS Janel Keplinger Russel Pruitt Assembly member Branson, Assembly Representative on the Providence Kodiak Island Service Area Community Hospital Board reported that a new MRI machine would be installed at the hospital in October, and the first procedure should be available in November. Assembly member Sue Jeffrey, Assembly Representative on the Kodiak Fishery Advisory Committee (KFAC), reported the Committee met today and consensus was reached on the following. • Supporting efforts to encourage the State to secure seafood harvesting labor data. • An 18 month review period of crab rationalization. • Next meeting scheduled for October 18, 9 a.m. to noon at Kodiak College. PUBLIC HEARING Ordinance No. FY2008 -03 Determining the Disposition of Tax Foreclosed Properties From 2005 and Prior Tax years, Establishing Intention to Surplus and Sell the Same, Finding That a Public Need Does Not Exist for These Properties, and Authorizing Land Sale Number Sixteen's Terms and Conditions. WILLIAMS moved to adopt Ordinance No. FY2008 -03, seconded by BRANSON. Manager Gifford reported that this process is required by code. He reported that P &Z had reviewed the list in accordance with KIB Code and has held the necessary public hearings. Staff recommended that the foreclosed parcels be sold by bids. Mayor Selby opened public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Williams BOROUGH MANAGER'S REPORT Manager Gifford reported the Borough is currently working with the National Guard and City of Kodiak to sign a lease for the pool site. Construction bid for the Community Health Center has been advertised. Borough -wide comprehensive plan is in its final draft and will be before commission October 17, 2007. Anton Larsen project is back on track. In 2007, 27 junk vehicles were disposed and staff will continue to work on a Fall clean -up. He noted it was found that there was soil contamination with the replacement of the high school underground fuel tank project. Borough staff will work closely with DEC. The Assembly was invited to meet with Providence Hospital Board on September 21, 2007. Manager Gifford reported that he will be out of town September 24, 2007 for AMUJIA meeting in Anchorage. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby attended an Airport EIS safety meeting on September 19, 2007. Detailed information about the proposed increase in the length of the runways for safety reasons will be made available through the Clerk's office. Kodiak Kenai Cable Company has also presented a plaque thanking the Borough for its involvement in the fiber optic project. Another presentation was made designating "Kodiak as a Coast Guard City /Community." UNFINISHED BUSINESS — None. Vanney Steil Iver Malutin Jeff Stewart Mike Sirofchuck Kodiak Island Borough Assembly Minutes September 20, 2007 Page 452 NEW BUSINESS RESOLUTIONS 1. Resolution No. FY2008 -07 Adopting a State Legislative Capital Improvement Projects Priority List for the 2008 Legislative Session. BRANSON moved to adopt Resolution No. FY2008 -07, seconded by FRIEND. Manager Gifford read the CIP list of 2008. Assembly member Oswalt would like to see the Anton Larsen Road project on the list rather than the ferry system. Assembly member Branson was glad to see the amounts requested from the State in comparison with the total cost of the project. She was happy to see the CIP list made available would like to know the amount of money requested from the state in comparison with the total cost of the project. Assembly member Branson was happy to see the CIP list made available in a timely manner. Assembly member Abell stated that his residence is located in the paving area that may receive funding under No. 7. Assembly member Jeffrey stated that she was in support of the Baranof Park and improvements City project. ABELL moved to amend the word "may" to "will" in the corrected version No. 7, seconded by BRANSON. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY; Branson, Friend, Jeffrey, Lynch, Oswalt, Williams, and Abell ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell and Branson After a 15- minute recess, Mayor Selby reconvened the meeting at 9:15 p.m. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2008 -06 Rezoning 15.9 Acres (Proposed Lots 3 &4 Stratman Subdivision, U.S. Survey 4964) From C- Conservation Zoning District To RNC -Rural Neighborhood Commercial District (P &Z Case 08 -006.) OSWALT moved to adopt Ordinance No. FY2008 -06 in first reading to advance to public hearing on October r A 07 seconded b FRIEND vvwvci �, 20 w v1 , seconded u FRIEND. IL.ivv. Manager Gifford reported that this issue was brought before P &Z as a public hearing item. Staff recommended this case to the Assembly for review and recommended that this ordinance advance to public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Walliams, Abell, Branson, and Friend. Kodiak Island Borough Assembly Minutes September 20, 2007 Page 453 2. Ordinance No. FY2008 -07 Prohibiting the Use of High Speed Watercraft on Designated Lakes. WILLIAMS moved to adopt Ordinance No. FY2008 -07 in first reading to advance to public hearing on October 4, 2007, seconded by OSWALT. Manager Gifford reported that this Ordinance was requested by Assembly member Williams and drafted by Borough Attorney. Discussion ensued about this being a community issue and focus was given about the enforcement of rules. LYNCH moved to postpone Ordinance No. FY2008 -07 indefinitely, seconded by JEFFREY. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED, Oswalt, Williams, Abell, Branson, Friend and Jeffrey (Nays); Lynch (Aye) ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Williams, Abell, Branson, Friend, Jeffrey, and Lynch 3. Ordinance No. FY2008 -08 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance - Management and Accounting Section 3.04.020 Permissible Investments Section 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest in Changing the Investments Allowed in the Facilities Fund, and Changing Disbursements from the Facilities Fund from a Percent of Interest Earned to a Percent of Market Value (POMV.) BRANSON moved to adopt Ordinance No. FY2008 -08 in first reading to advance to public hearing on October 4, 2007, seconded by FRIEND. Manager Gifford reported that this ordinance allowed the option of hiring an external money manager and provided for the flexibility in investments. The ordinance distributed interest earnings of facilities fund with a different formula. Staff recommended adoption of this ordinance. Assembly member Jeffrey stated that she will vote to move this forward. Assembly member Branson will vote for the ordinance noting the Borough can do better with facilities fund. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Williams, Abell, Branson, Friend, Lynch, and Jeffrey CITIZENS' COMMENTS Steve Tauffen and Shawn Dochtermann urged the Assembly to consider the crewmen's proposal by resolution ASSEMBLY MEMBER COMMENTS Kodiak Island Borough Assembly Minutes September 20, 2007 Page 454 Assembly member Lynch had no comments. Assembly member Oswalt hoped for a good turnout at the Island Lake public hearing. Assembly member Jeffrey stated that she believed if the NPFMC was urged at the meeting in October, they would extend the 18 -month review. In response to Assembly member Branson, she noted that a letter should be written by the Assembly and Council requesting the 18 -month review. It would also be more expedient to have a letter written not only about crew issues but also A, B, & C shares. Assembly member Branson asked if there had been a recommendation from the group as to their wishes of the Borough and what they should do. Assembly member Jeffrey responded that a letter should be written to the Council requesting an extension of the 18 month review. They encouraged letters or resolutions from Assembly and City. Assembly member Jeffrey said that it would be more expedient to have a letter written from Trevor Brown addressing not only crew issues but A, B, & C shares also. She strongly urged the Borough to move with the letter. Assembly member Branson had no comments. Assembly member Abell would like to see a letter go out immediately with a resolution addressing crewmember's rights and would like to see this addressed at a special meeting. He is also pleased to be able to pass the capital improvement project list. He would like to hear the Assembly give staff direction to take care of Otmeloi project. He was saddened that the Borough waits until the last minute to support the fisheries. Assembly member Friend would like to see the Assembly support the crewmembers' share resolution. He was also happy to hear about the bids for the pool and KHC. Assembly member Williams thanked everyone for their participation in the Island Lake issue. She encouraged the residents to let their voices be heard on different issues. Announcements Mayor Selby announced the next regular work session of the Assembly is scheduled on Thursday, September 27, 2007 in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, October 4, 2007 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT WILLIAMS moved to adjourn the meeting, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Friend, Jeffrey, Lynch, and Oswalt Kodiak Island Borough Assembly Minutes September 20, 2007 Page 455 The meeting was adjourned at 10:25 p.m. ATTEST: �1 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerpme M. Selby, Ma or Approved: December 20, 2007 Kodiak Island Borough Assembly Minutes September 20, 2007 Page 456