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2005-11-03 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting November 3, 2005 A regular meeting of the Kodiak Island Borough Assembly was held November 3, 2005 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 Blacketer of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assemblymembers Tom Abell, Pat Branson, Sue Jeffrey, Reed Oswalt, Cecil Ranney, Mel Stephens, and Barbara Williams. Staff present were Manager Rick Gifford, E &F Director Bud Cassidy, Finance Director Karl Short, Community Development Associate Planner Duane Dvorak, Baler /Landfill Supervisor Alan Torres, Clerk Judi Nielsen, and Assistant Clerk Jessica Basuel. APPROVAL OF AGENDA BRANSON moved to approve the agenda, seconded by ABELL VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meetings of September 15 and OcEober 6, 2005 BRANSON moved to approve the minutes as submitted, seconded by ABELL VOICE VOTE ON MOTION TO APPROVE THE MINUTES CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS - None CITIZENS' COMMENTS A. Agenda Items Not Scheduled for Public Hearing and General Comments. Bob Bowhav supported the Exxon Valdez oil spill resolution. He appreciated the Assembly and presented recent periodicals about fisheries. COMMITTEE REPORTS A. U.S. Army Corps of Engineers - rescheduled to 12/1/2005 regular meeting. PUBLIC HEARING A. Ordinance No. FY2006 -04 Re- Establishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Chapter 2.39 Boards and Commissions. BRANSON moved to adopt Ordinance No. FY2006 -04, seconded by WILLIAMS Manager Gifford said KIBC 2.39.180 required the Assembly to re- establish boards, committees, and commissions every three years. Staff recommended re- establishing the Emergency Services Council, Parks and Recreation Kodiak Island Borough Volume XXIX November 3, 2005 Page 206 Committee, Architectural /Engineering Review Board, Hospital and Health Facilities Advisory Board, and the Mental Health Center Advisory Board. The substituted version of the ordinance terminated the Airport Advisory Committee and the Kodiak Area Transit System Advisory Committee. OSWALT moved to amend ordinance No.FY2006 -04 by substitution, seconded by BRANSON. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell B. Ordinance No. FY2006 -05 Amending the Personnel Rules and Regulations by Adopting the Federal Rate for Per Diem. WILLIAMS moved to adopt Ordinance No. FY2006 -05, seconded by BRANSON Manager Gifford said the $35 per diem rate had not been changed since 1977. This would adopt the US GSA rate for non -union employees and elected officials traveling on Borough business. Manager Gifford noted discussion at work session to remove the incidental expenses rate. Clerk Nielsen said a motion to amend is needed. STEPHENS moved to amend Ordinance No.FY2006 -05 by removing the words "and incidental expenses" in the fifth whereas and in the sixth sentence under Section 2, seconded by RANNEY In response to Assemblymember Branson, Assemblymember Stephens said he felt the GSA rate was too high and there was no need for incidental expenses. ROLL CALL VOTE ON MOTION TO AMEND CARRIED SIX TO ONE: Ayes: Jeffrey, Oswalt, Ranney, Stephens, Abell, Branson; No: Williams Assemblymembers Stephens and Jeffrey felt a $50 per diem rate was sufficient. There was general Assembly discussion regarding a per diem rate that had not changed in many years and the need for an increase. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED FIVE TO TWO: Ayes: Oswalt, Ranney, Williams, Abell, Branson; Noes: Stephens, Jeffrey BOROUGH MANAGER'S REPORT Manager Gifford said the Bayside Fire Department burn building would soon be open for use for fire training for all fire departments and use by other public safety agencies. A consultant from Goettel & Associates, Inc. would be in town on November 9 to meet with the review committee to discuss the time line for the Hazard Mitigation Plan. There would be public meeting in the high school commons on November 21 to review the seismic vulnerability of school facilities. The Assembly would hold a strategic planning meeting on November 5. He would attend the Alaska Municipal League Conference in Anchorage November 7 -11. Kodiak Island Borough volume XXIX November 3, 2005 Page 207 MESSAGES FROM THE BOROUGH MAYOR Mayor Selby appreciated those who took care of business while he was away. He thanked City Mayor Carolyn Floyd for reading the resolution on behalf of the Assembly at the Coast Guard Appreciation Dinner. UNFINISHED BUSINESS - None NEW BUSINESS A. REORGANIZATION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 1. Election of Deputy Presiding Officer Mayor Selby opened the nominations. WILLIAMS nominated Assemblymember Abell as Deputy Presiding Officer, seconded by OSWALT Mayor Selby closed the nominations. BRANSON moved to cast a unanimous ballot for Assemblymember Abell as Deputy Presiding Officer, seconded by RANNEY ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stephens, Williams, Abell, Branson, Jeffrey, Oswalt B. CONTRACTS 1. Contract No. FY2006 -21 to Provide Shot Rock Cover at the Kodiak Island Borough Landfill. WILLIAMS moved to approve Contract No. FY2006 -21 with Brechan Enterprises, Inc. in an amount not to exceed $144,000, seconded by BRANSON Manager Gifford said the Borough was required to cover waste at the landfill with a minimum of 6 inches of shot rock daily. This contract would provide cover for at least three years as well as help maintain landfill roadways. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Branson, Jeffrey 2. Contract No. FY2006 -22 Landfill Toe Drain Extension and Soil Stabilization Construction. OSWALT moved to approve contract No. FY2006 -22 with Red Hook Construction, LLC in an amount not to exceed $278,000, seconded by BRANSON Manager Gifford gave a detailed report on the landfill design. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Jeffrey, Oswalt, Ranney 3. Contract No. FY2006 -23 for Professional Services to Update and Revise the Kodiak Island Borough Comprehensive Plan. Kodiak Island Borough Volume XXIX November 3, 2005 Page 208 JEFFREY moved to approve Contract No. FY2006 -23 with Cogan Owens Cogan, LLC in an amount not to exceed $220,000, seconded by BRANSON Manager Gifford said three firms responded to the request for proposals. The project would be funded by the Coastal Impact Assessment Program and the KIB. Assemblymember Stephens was concerned about using an outside consultant. Assemblymember Williams said the Borough would rely on the consultant as well as community input during public meetings. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Jeffrey, Oswalt Ranney, Stephens C. RESOLUTIONS 1. Resolution No. FY2006 -15 Urging the United States Department of Justice and the State of Alaska to Reopen the 1991 Civil Settlement From the Exxon Valdez Oil Spill and Claim the Full $100 Million for Mitigation of Unanticipated Long -Term Harm. WILLIAMS moved to adopt Resolution No. FY2006 -15, second by BRANSON Manager Gifford said the October 1991 settlement between Exxon, the United States, and the State of Alaska for damages to natural resources included a clause to reopen for restoration of oil damaged habitats. WILLIAMS moved to amend Resolution No. FY2006 -15 to renumber to Resolution No. FY2006 =17, seconded by BRANSON ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams Assemblymember Stephens felt this should be brought to the appropriate authorities and not to the Assembly. He said the resolution was not clear. Mayor Selby said the resolution was drawn from the studies funded by the Exxon Valdez Trustee Council. The 100 million was intended for the trustee council to continue to fund the studies. Assemblymember Ranney said damages needed further study and this helped push the issues to the Department of Justice. Assemblymember Stephens felt the re- opener clause had no language regarding funding studies. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Ayes: Branson, Jeffrey, Oswalt, Ranney, Williams, Abell; No: Stephens 2. Resolution No. FY2006 -16 Authorizing the Manager to Apply for a Loan From the Alaska Clean Water Fund for the Lateral Expansion Design and Construction of the Kodiak Island Borough Landfill. WILLIAMS moved to adopt Resolution No. FY2006 -16, seconded by BRANSON Manager Gifford said this authorized the Manager to apply for and accept a line of credit of $2,612,000 through the Alaska Department of Environmental Kodiak Island Borough Volume XXIX November 3, 2005 Page 209 Conservation to design and construction the lined lateral expansion cell and leachate collection system at the landfill. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell, Branson D. ORDINANCES FOR INTRODUCTION - None E. OTHER ITEMS 1. Accepting Kodiak Island Borough Hazard Mitigation Plan Grant Funds for Fiscal Year `06. BRANSON moved to accept a grant from the Alaska Division of Homeland Security and Emergency Management in the amount of $41,723.25, seconded by ABELL Manager Gifford said this would fund the contract with Goettel and Associates to complete the Hazard Mitigation plan and to allow the Borough to apply for pre- disaster mitigation grant funds to help with rehabilitation of buildings identified in the seismic study. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Branson, Jeffrey 2. Resignation of Planning and Zoning Commissioner. BRANSQN moved to accept, with regret, the resignation of Reed Oswalt from the Planning and Zoning Commission and directed the Borough Clerk to advertise the vacancy per Borough Code, seconded by JEFFREY Assemblymember Ranney thanked Assemblymember Oswalt for his hard work on the Commission. Assemblymember Branson concurred. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stephens, Williams, Abell, Branson, Jeffrey, Oswalt CITIZEN COMMENTS Louise Stutes asked the Borough to address the rat problem downtown. Bob Bowhav thanked the Borough Assembly for continuing with the fisheries study. John Miller hoped the Borough -wide Comprehensive Plan would be completed soon. Clarence Selig thanked the Assembly for adopting Resolution No. FY2006 -15. Iver Malutin thanked the Assembly for passing Resolution No. FY2006 -15. He asked about the status of the Anton Larsen Bay project. Mayor Selby said the manager would have a report. Kodiak Island Borough Volume XXIX November 3, 2005 Page 210 ASSEMBLYMEMBER COMMENTS Assemblymember Jeffrey was happy to see the USCG receive national recognition. She flew on the newly - painted Alaska Airlines "Salmon- Thirty - Salmon" aircraft. Assemblymember Stephens was concerned about and wondered if other bonded projects were Mayor Selby said that the pool and other He explained that the 6 million was just He said we would not know for sure what the done. Assemblymember Stephens wanted to know the cost before construction. Assemblymember Branson agreed with Assemblymember Stephens. Assemblymember Abell thanked the Assembly for electing him as Deputy Presiding Officer. Assemblymember Ranney said he wanted what was best for the community. As a member of the AML Board, he hoped to receive state support for the bonds. Assemblymember Williams congratulated Assemblymember Abell for being elected as Deputy Presiding Officer. ADJOURNMENT OSWALT moved to adjourn the meeting, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Jeffrey, Oswalt, Ranney The meeting adjourned at 9:02 p.m. ATTEST: ik dith A. Niel Kodiak Island Borough November 3, 2005 the shortage of funds for the pool also underestimated.• projects were not underestimated. an estimate for the pool project. cost would be until the design was KODIAK ISLAND BOROUGH J Vome M Selby, Mayor /, CMC, Borough Clerk Approved: 01/19/2006 Volume XXIX Page 211