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2006-01-19 Reguar MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting January 19, 2006 A regular meeting of the Kodiak Island Borough Assembly was held January 19, 2006 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 Mayor Jerome Selby, Assemblymembers Tom Abell, Pat Branson, Jeffrey, Reed Oswalt, Cecil Ranney, and Mel Stephens. Absent Assemblymember Barbara Williams. Staff present were Manager Rick Gifford, Director Bud Cassidy, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. BRANSON moved to excuse Assemblymember Barbara Williams, seconded by JEFFREY VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA JEFFREY moved to approve the agenda, seconded by BRANSON Mayor Selby said Ms. Gale Hagemeyer withdrew her application to the Bay View Road Service Board. Sue was E &F STEPHENS moved to amend the agenda by removing Item No. 13.D.2 Appointment to the Bay View Road Service Area Board, seconded by BRANSON ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey,' Oswalt, Ranney, Stephens, VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meetings of November 3, and December 1 and 15, 2005. OSWALT moved to approve Assemblymember Stephens corrected his comment on page 3 of the November 3, minutes by replacing the word "resolution" with the words "reopener clause." Assemblymember Branson corrected the spelling of Sergeant Major Dave Blacketer's name on all three sets of minutes. VOICE VOTE ON MOTION TO APPROVE THE MINUTES AS CORRECTED CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS A. Student of the Month for December 2005 Mayor Selby presented the Student of the Month Award for December 2005 to Jordan Rodgers, a senior at Kodiak High School. Kodiak Island Borough January 19, 2006 the minutes as submitted, seconded by ABELL Volume XXIX Page 226 B. Student of the Month for January 2006 Mayor Selby presented the Student of the Month Award for January 2006 to John Conley, a Senior at Port Lions School. C. Longevity Awards Manager Gifford presented a twenty -year Longevity Award to Bud Cassidy, Director of the Engineering and Facilities Department, and a five -year Longevity Award to Nova Javier, Deputy Clerk in the Clerk's Office. D. Employee of the Quarter Award - Manager Gifford Manager Gifford presented the Employee of the Quarter Award to Cassandra Juenger, Revenue Accountant in the Finance Department. CITIZENS' COMMENTS Captain Dave Davis, Crossing Guards' Coordinator, thanked Mr. Don Roberts for his five years of service and dedication to the children as a crossing guard. Dave Woodruff wanted property tax payments reviewed because the Borough failed to charge his credit card and he was listed on the foreclosure list. Stephen Taufen, on behalf of Ludger Dochtermann, said the proposed Gulf of Alaska Groundfish Rationalization Task Force did not have representation from the large crab /cod boat fishermen, Fish and Game, or local businesses. He also suggested appointing Oliver Holmes, Fish Advisory Board chairman. Jeff Stephan, United Fishermen's Marketing Association, Inc. representative, asked that Mr. Jerry Bongen be appointed as his alternate. He congratulated Director Cassidy and Deputy Clerk Javier for their longevity awards. Scott Greenstreet, Laidlaw Transit Inc. Manager, said the Assembly violated Borough Code when Contract No. 1998 -48 was extended. He was concerned that the contract would be extended again and reminded the Assembly that Laidlaw wanted to bid on the solid waste collection contract as far back as 2004. Shawn Dochterman, Jiggers Association vice - president, wanted representation from local business and two representatives from the Jiggers Association on the Task Force. He volunteered to serve with Mr. Peter Allan and thanked the Assembly for putting together the Task Force. Julie Kavanaugh hoped to see Oliver Holmes appointed to the Gulf of Alaska Groundfish Rationalization Task Force. She looked forward to serving with a diverse group. Al Burch said the Assembly was positive about putting together the Gulf of Alaska Groundfish Rationalization Task Force. He supported the potential Fish and Game building on Near Island. COMMITTEE REPORTS A. U.S. Army Corps of Engineers /Alaska Department of Environmental Conservation (ADEC). Jeff Brownlee ADEC representative, reported that ADEC was working with the Corps to clean up military sites and Drury Gulch and would soon work on Anton Kodiak Island Borough Volume XXIX January 19, 2006 Page 227 Larsen Bay and Cape Chiniak. He invited the public to attend their open house at Safeway on Friday, January 20, 2006. In response to Assemblymember Oswalt, Mr. Brownlee said the clean -up area was not residential but would be cleaned to residential standards. PUBLIC HEARING - None. BOROUGH MANAGER'S REPORT Manager Gifford said AML /JIA conducted training for Department Heads and supervisors, as well as City and School District personnel on January 17. Prochaska & Associates' hospital master plan was near completion. He was planning a special Assembly work session at the hospital to include a tour of the facility. Staff was preparing the RFP for a consultant for a Waste Management Stream Study to include recommendations for improving the waste collection process. He and the Borough attorney were reviewing options to extend the existing contract to allow time to produce a quality waste collection contract. He would attend AML /JIA meetings in Juneau next week and visit with state agencies and legislators along with Mayor Selby, Assemblymember Ranney, and Borough Lobbyist Mark Hickey. There would be a hearing on SB 207 on Tuesday, January 24 at 1:30 p.m. at the LIO Office. The bill would increase the Alaska Aerospace Development Corporation Board of Directors from 9 to 11 members to ensure that two members of the Board reside in the Borough where launch activities occur. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby was pleased that Kodiak's National Guardsmen returned home and commended their efforts. He sent his condolences to the families of several well -known senior citizens who passed away recently. UNFINISHED BUSINESS - None. NEW BUSINESS A. CONTRACTS - None. B. RESOLUTIONS 1. Resolution No. FY2006 -23 Identifying the Retrofit of the Kodiak Middle School as the Borough's Number 1 Project for Federal Emergency Management Agency (FEMA) Pre - disaster Mitigation Funding and Committing to a 25 Percent Local Match. BRANSON moved to adopt Resolution No. FY2006 -23, seconded by ABELL Manager Gifford said the consultants identified several school facilities that would not withstand a significant earthquake. The middle school was selected because of the large number of students and a large cost to repair. FEMA provides 75 percent with a local match of 25 percent. Kodiak Island Borough January 19, 2006 Volume XXIX Page 228 ABELL moved to amend the Kodiak Middle School line amount to increase from $1,192,375 to $1,251,510; Non Structural Items line amount from $363,000 to $352,000; and to increase the total amount from $3,087,675 to $3,135,810, seconded by BRANSON ROLL CALL VOTE ON MOTION TO AMEND: Branson, Jeffrey, Oswalt, Ranney, Stephens, Abell In response to Assemblymember Ranney, Manager Gifford said the middle school was recommended because of the large number of students using the building and the cost to retrofit. He would continue working with the State regarding the other schools. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Abell, Branson 2. Resolution No. FY2006 -24 Adopting a Federal Capital Improvement Program for Fiscal Years 2007 -2011. BRANSON moved to adopt Resolution No. FY2006 -24, seconded by JEFFREY Manager Gifford said this list of project priorities would be submitted to the Alaska Congressional Delegation for funding consideration. STEPHENS moved to amend Resolution No. FY2006 -24 by deleting Item No. 1 and renumbering the following items sequentially, seconded by ABELL Assemb-lymember Stephens said there should be a formal review conducted before pursuing the Kodiak Near Island Research and Administration Facility. He wanted the Borough to consider the revenues and expenses for the Facility. Assemblymember Abell did not remember any discussion on the facility and wanted staff to prioritize the bond projects. Assemblymember Oswalt thought the building was a good project; however, he wanted everything in order before proceeding. Assemblymember Jeffrey said it would be short - sighted to remove the project. Assemblymember Branson said receiving federal funds took time and she proposed moving forward. Assemblymember Ranney said Fish and Game brought people and money to Kodiak and the Facility would benefit the community as a fishing community. ROLL CALL VOTE ON MOTION TO AMEND FAILED FOUR TO TWO: Oswalt, Ranney, Branson, Jeffrey (Noes); Abell, Stephens (Ayes) Assemblymember Abell's motion to amend Resolution No. FY2006 -24 to increase Item No. 1 from $4,500,000 to $5,300,000 died for lack of a second. OSWALT moved amend Resolution No. FY2006 -24 by increasing Item No. 1 from $4,500,000 to $7,000,000, seconded by ABELL Assemblymember Oswalt wanted to see a realistic figure. Mayor Selby said it would be ideal to increase the amount by 25 percent. Kodiak Island Borough Volume XXIX January 19, 2006 Page 229 OSWALT moved to amend the amendment by decreasing the $7,000,000 to $5,625,000, an increase of 25 percent, seconded STEPHENS ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT CARRIED UNANIMOUSLY: Ranney, Stephens, Abell, Branson, Jeffrey, Oswalt ROLL CALL VOTE ON MOTION TO AMEND AS AMENDED CARRIED UNANIMOUSLY: Stephens, Abell, Branson, Jeffrey, Oswalt, Ranney ROLL CALL VOTE ON MAIN MOTION AS AMENDED WAS TAKEN WITH A TIE VOTE: Branson, Jeffrey, Ranney (Ayes); Stephens, Abell, Oswalt (Noes); Mayor Selby broke the tie by voting aye; Assemblymember Abell changed his vote aye. MOTION CARRIED FIVE TO TWO. After a seven minute recess, Mayor Selby reconvened the meeting at 9:10 p.m. 3. Resolution No. FY2006 -25 Authorizing Borough Participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. BRANSON moved to adopt Resolution No. FY2006 -25, seconded by STEPHENS Manager Gifford said this authorized participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. Participation required the resolution, monthly safety committee meetings, biannual facilities self- inspections, and employee safety training. An annual resolution was required to be eligible for the $20,000 discount on the Borough's contribution. Assemblymember Branson was glad to see the Borough participate in the program. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens, 4. Resolution No. FY2006 -26 Granting Conceptual Approval to the Provisional Kodiak Island Pre- Hazard Mitigation Plan for the Purpose of Submittal to the State of Alaska Department of Homeland Security and Emergency Management (DHS &EM) and the Federal Emergency Management Agency (FEMA). JEFFREY moved to adopt Resolution No. FY2006 -26, seconded by BRANSON Manager Gifford said the Borough reviewed the ability of school facilities to withstand seismic ground motion. A number of buildings need reinforcement work. One task outlined in the existing contract was to prepare an application to the Federal Emergency Management Agency (FEMA) for a Pre - Disaster Mitigation Seismic Project Grant. The applications would be completed by Goettel and Associates, Inc. The Alaska Department of Homeland Security required the local governing body to formally recognize the final plan before the state would consider a formal review. Once approved by the state, the plan would be reviewed for approval by FEMA. ROLL CALL VOTE ON MOTION Ranney, Stephens, Abell 5. Resolution No. Rationalization CARRIED UNANIMOUSLY: FY2006 -27 Appointing Task Force. Branson, Jeffrey, Oswalt, a Gulf of Alaska Groundfish Kodiak Island Borough Volume XXIX January 19, 2006 Page 230 JEFFREY moved to adopt Resolution No. FY2006 -27, seconded by BRANSON Assemblymember Stephens advocated for local residents on the task force. Assemblymember Ranney thought to include a Fish and Game Advisory Committee Member. RANNEY moved to amend Resolution No. FY2006 -27 to add a member from the Fish and Game Advisory Committee, seconded by STEPHENS Mayor Selby said the Borough and City resolutions should be identical. RANNEY moved to amend the amendment to read "add a member from the Fish and Game Advisory Committee contingent with the City also appointing the same position," seconded by ABELL ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT: Jeffrey, Oswalt, Ranney, Stephens, Abell, Branson ROLL CALL VOTE ON THE AMENDMENT: Oswalt, Ranney, Stephens, Abell, Branson, Jeffrey ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED FIVE TO ONE: Ranney, Abell, Branson, Jeffrey, Oswalt (Ayes); Stephens (NO) C. ORDINANCES FOR INTRODUCTION 1 -. Ordinance No. FY2006 -07 Rezoning US Survey 3471 Lot 1 FROM RR -1 Rural Residential One Zoning TO ANC-Rural Neighborhood Commercial. (P &Z Case 03 -020) BRANSON moved to adopt Ordinance No. FY2006 -07 in first reading to advance to public hearing on February 16, 2006, seconded by ABELL Manager Gifford said the Commission found this rezone request appropriate and necessary, and recommended Assembly approval. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Abell, Branson, Jeffrey, Oswalt, Ranney D. OTHER ITEMS 1. Resignation of Fire Protection Area No. 1 Board Member. BRANSON moved to accept, with regret, the resignation of David A. Billings from the Fire Protection Area No. 1 Board with a term to expire October 2006 and direct the Borough Clerk to advertise the vacancy per Borough Code, seconded by STEPHENS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens 2. Appointment to the Bay View Road Service Area Board. (This item was removed from the agenda.) Kodiak Island Borough Volume XXIX January 19, 2006 Page 231 3. Appointment to the Womens Bay Service Area Board. JEFFREY moved to appoint Craig Breitung to a seat on the Womens Bay Service Area Board for a term to expire October 2007, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Oswalt, Ranney, Stephens, Abell 4. Confirmation of Mayoral Appointment to the Parks and Recreation Committee. JEFFREY moved to confirm the mayoral appointment of Andy Schroeder to a seat on the Parks and Recreation Committee for a term to expire December 31, 2007, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Abell, Branson 5. Confirmation of Mayoral Appointment to the Personnel Advisory Board. ABELL moved to confirm the mayoral appointment of Brenda M. Zawacki to a seat on the Personnel Advisory Board for a term to expire December 31, 2008, seconded by BRANSON ROLL CALL VOTE Abell, Branson, CITIZEN COMMENTS ASSEMBLYMEMBER COMMENTS ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Jeffrey - None. Assemblymember Oswalt had provided information to Manager Gifford regarding a pool facility that he would like to see built in Kodiak. He said the facility was user friendly and accommodated senior citizens and children. Assemblymember Jeffrey congratulated Director Cassidy and Deputy Clerk Javier. She was glad to see Resolution No. FY2006 -24 pass with the ADF &G Building on the list to strengthen and support fisheries in Kodiak. Assemblyember Stephens wanted the assessed property valuations for the budget process. He wanted the Borough to look at tax foreclosure list complaints. He was interested in the pool information provided by Assemblymember Oswalt. Assemblymember Branson agreed that the administrative process regarding the foreclosure list should be reviewed. She congratulated Director Cassidy and Deputy Clerk Javier for their longevity awards. She urged everyone to contact legislators regarding the municipal dividend program. Assemblymember Abell wanted discussion about the Borough's project priorities. He suggested having a midyear goals and objectives meeting. Assemblymember Ranney would be attending the AML Board meeting in Juneau with Mayor Selby. He would make efforts to contact the legislators especially Representative Moses and Senator Wilken regarding the municipal dividend program. Kodiak Island Borough Volume XXIX January 19, 2006 Page 232 Mayor Selby announced the Assembly work session of January 26 and regular meeting of February 2 have been canceled. Members of the Assembly would attend the Southwest Alaska Municipal Conference in Anchorage February 1 -4. The Assembly would meet in a work session on Thursday, February 9 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, February 16 at 7:30 p.m. in the Assembly Chambers. ADJOURNMENT BRANSON moved to adjourn the meeting, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Raney, Stephens, Abell, Branson, Jeffrey, Oswalt The meeting adjourned at 9:45 p.m. KODIAK ISLAND BOROUGH ATTEST: J 'ome M. Selb �Y L ( u dith A. Nielse , MC, Borough Clerk Approved: 02/16/2006 Kodiak Island Borough Volume XXIX January 19, 2006 Page 232