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2006-08-03 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting August 3, 2006 A regular meeting of the Kodiak Island Borough Assembly was held August 3, 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, Reed Oswalt, Cecil Ranney, Mel Stephens, and Barbara Williams. Staff members present were Manager Rick Gifford, Engineering and Facilities Director Bud Cassidy, Clerk Nova Javier and Assistant Clerk Jessica Basuel. RANNEY moved to excuse Assemblymember Jeffrey, seconded by BRANSON VOICE VOTE ON MOTION TO EXCUSE ASSEMBLYMEMBER SUE JEFFREY CARRIED UNANIMOUSLY 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 Regular Meeting of July 6, 2006. WILLIAMS moved to approve the minutes as submitted, seconded by STEPHENS VOICE VOTE ON MOTION TO APPROVE THE MINUTES CARRIED UNANIMOUSLY AWARDS AND PRESENTATION - None CITIZENS' COMMENTS Peggy Tuttle opposed the current Woodland paving resolution. She asked the Assembly to address this issue by including it in the Capital Improvement Project (CIP) list. She appreciated Assemblymember Stephens' research and time. Christian Schomburq spoke against the Woodland paving resolution. Clarence Selig encouraged the Assembly to help resolve the dumpster and bear issues in Kodiak. Heather Parker spoke in support of the Woodland paving. She asked the Assembly to look at realistic options to see the roads paved if the resolution fails. Mike Pfeffer phoned opposing the current Woodland paving. Tim Motis spoke against the Paving resolution. Kodiak Island Borough Assembly Minutes Page 297 August 3, 2006 Tiffany VanSicklen urged the Assembly to fail the Woodland paving resolution since $9,000 was excessive for residents to pay. Michelle Powell asked the Assembly to fail the paving resolution. She would like the Borough to address the sewage problem. Anne Kalcic opposed the Paving resolution. Dan Powell urged the Assembly to fail the Paving resolution. Wil Harsch asked the Assembly to fail the Paving resolution. David Horne would like to see solid numbers and noted the administration fee was an insult to residents. Robert Johnson asked the Assembly to fail the Paving resolution because of the rough economy in Kodiak. Julie Coyle appreciated her neighbors' comments. She hoped the Assembly would find an easier solution to paving. Kay Steven opposed the Paving resolution. Harry Steven spoke against the Paving resolution since it was too expensive. COMMITTEE REPORTS Assemblymember Branson serves on the Providence Kodiak Island Community Service Area Community Board and she gave a report regarding the collaboration of service area providers such as KANA and USCG to address the health care needs in Kodiak. Providence was working on getting an MRI machine. She noted the hospital was going through the JACO accreditation process and thanked the staff and her colleagues for their dedication. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board NEW Seasonal Liquor License Application for Kodiak Lodge at Larsen Bay, Lot 12 Marina View Drive, Larsen Bay, AK. (Applicant: Kodiak Lodge at Larsen Bay, Ltd.) WILLIAMS moved to protest the State of Alaska Alcoholic Beverage Control Board NEW Liquor License Application for the Kodiak Lodge at Larsen Bay, Lot 12 Marina View Drive, Larsen Bay, AK. (Applicant: Kodiak Lodge at Larsen Bay, Ltd.), seconded by BRANSON Clerk Javier reported this application was for a new seasonal liquor license for Kodiak Lodge at Larsen Bay. She recommended that the Assembly voice protest based on the following: • The State of Alaska, Department of Public Safety Division of Fire Prevention recommended disapproval to the application until a plan review was completed. • Larsen Bay City Council voiced non - support to the application. • A zoning issue needed to be addressed. Manager Gifford provided a memo to the Assembly addressing the zoning issue. He noted the lodge is currently located in a single - family residential zoning district. Kodiak Island Borough Assembly Minutes August 3, 2006 Page 298 • Mayor Selby opened the public hearing; hearing and seeing none, he reconvened the regular meeting. In response to Assemblymember Williams, Manager Gifford said they could reapply for a license, but not sure if annually. Assemblymember Stephens was against the protest. He said this was a seasonal license and the lodge should have the right to acquire a license. He would like to see the City of Larsen Bay pass an ordinance regarding its designation. He said the zoning issue was irrelevant to the protest. Assemblymember Williams concurred with Assemblymember Stephens regarding the need to clearly state the designation of City of Larsen Bay. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Abell, Branson, Oswalt, Ranney (Ayes); Stephens, Williams (Noes) BOROUGH MANAGER'S REPORT Manager Gifford reported staff met with the Department of Fish and Game's biologist and with Kodiak Sanitation to discuss the garbage dumpster issue. He reminded the public to keep the dumpster lids closed. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby met with Congressman Young, his staff, and other congressional members to review the Borough Capital improvement project list and to follow up with FEMA on the seismic grant application. He gave an update regarding the Fiber Optic Cable from Seward to Kodiak. He said testing would be done in November and service available to Kodiak in January. UNFINISHED BUSINESS A. Resolution No. FY2007 -01 Authorizing the Paving of Roads in the Woodland Acres Paving Assessment District. The motion that is before the Assembly from the July 6 meeting was to "Adopt Resolution No. FY2007 -01." Manager Gifford reported the latest estimate for paving Woodland Acres is $1,900,374 (7/27/06 estimate). This would pave the entire subdivision with 3" of asphalt, 4" of base and address various drainage issues. The estimated cost to the paving district will be $9,691 per lot. If the Assembly moves forward with the paving district, Staff recommends that Resolution No. 2007 -01 be amended to reflect the latest estimates and provide direction to staff as to what, if any, of the project should be done as alternates. The project should go out to bid with a base bid and include bids for various alternates. If the Assembly fails this resolution, staff would bring in the near future a final resolution setting the assessment roll for the engineering costs for the Woodland Acres Paving District, unless the Assembly puts this on hold until a paving plan can be adopted. Assemblymember Ranney hoped for a reasonable cost to the residents. Assemblymember Abell thanked E &F Director Cassidy for all the work he has put into this project. He was against going out to bid. Kodiak Island Borough Assembly Minutes August 3, 2006 Page 299 Assemblymember Stephens clarified that the Assembly followed an unusual procedure as opposed to some understanding that it did not follow procedure in the Borough code. He would vote against the resolution since there was a significant amount of opposition. Assemblymember Branson appreciated those who commented. She hoped that they could find solutions since paved roads are very important. Assemblymember Oswalt thanked everyone for his or her participation. He urged residents to work with their service area board. Assemblymember Williams appreciated everyone's participation. ROLL CALL VOTE ON MOTION TO ADOPT FAILED: Branson, Oswalt, Ranney, Stephens, Williams, Branson After an eight- minute break, Mayor Selby reconvened the meeting at 9:06 p.m. NEW BUSINESS A. CONTRACTS 1. Contract No. 2007 -07 Kodiak Island Borough and City of Kodiak Animal Control Agreement. BRANSON moved to approve Contract No. 2007 -07 with the City of Kodiak for the period of July 1, 2006 through June 30, 2008 in the amount of $72,380 per year, seconded by WILLIAMS Manager Gifford reported this contract was for two years. The City of Kodiak has indicated that the cost of this service will increase for the Borough in the amount of $12,380 annually. The annual fee for this service agreement will then be a total of $72,380. ROLL CALL VOTE ON MOTION CARRIED: Oswalt, Ranney, Stephens, Williams, Abell, Branson B. RESOLUTIONS - None C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -04 Submitting to the Qualified Voters the Question of Establishing the Spruce Cape Streetlights Service Area to Provide, Construction, Operation, and Maintenance of Streetlights in the Spruce Cape Subdivision as Reflected on the Attached Map. OSWALT moved to adopt Ordinance No. FY2007 -04 to advance to public hearing on August 17, 2006, seconded by BRANSON Manager Gifford reported that upon adoption of this ordinance, the question of exercising the powers necessary to provide construction, operation, and maintenance of streetlights in the Spruce Cape Subdivision will be submitted to the voters. The proposed ordinance was reviewed by the Borough attorney. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stephens, Williams, Abell, Branson, Oswalt Kodiak Island Borough Assembly Minutes August 3, 2006 Page 300 2. Ordinance No. FY2007 -05 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $7,500,000 to Finance Planning, Design, and Construction of a New Swimming Pool and Related Capital Improvements and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 3, 2006 Regular Borough Election. WILLIAMS moved to adopt Ordinance No. FY2007 -05 to advance to public hearing on August 17, 2006, seconded by OSWALT Manager Gifford reported this ordinance would place before the voters this fall, the question of the additional costs needed to construct the new pool. The original cost has increased since the original bond vote. It is estimated to cost approximately $13,710,000 and an additional $7,500,000 is needed in order to complete the construction. The proposed ordinance was reviewed by the Borough's bond counsel. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Oswalt, Ranney OTHER ITEMS 1. Appointment to the Personnel Advisory Board. ABELL moved to confirm the appointment of Mr. Chris A. Nielsen to the Personnel Advisory Board for a term to expire December 2007, seconded by OSWALT ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Oswalt, Ranney, Stephens CITIZENS' COMMENTS Peggy Tuttle urged the Assembly to give guidance to service area boards. Iver Malutin asked for an Anton - Larsen Bay project update. In response, Mayor Selby said Manager Gifford would have a report at the next meeting. Mike Pfeffer thanked the Assembly for failing the paving resolution. In response to Clarence Selig, Manager Gifford said staff has been working with Kodiak Sanitation to address the dumpster problems. ASSEMBLYMEMBER COMMENTS Assemblymember Oswalt hoped staff would come with a solution regarding dumpster issues. Assemblymember Abell said the Manager was working with a priority list. There were too many projects and he assured Mr. Malutin that the Anton - Larsen Bay project was not forgotten. Assemblymember Branson supported the idea of having communication with Service Area boards on a regular basis. She asked the Clerk to provide training every year to different boards. Kodiak Island Borough Assembly Minutes Page 301 August 3, 2006 ANNOUNCEMENTS Mayor Selby announced the Assembly would hold a work session on Saturday, August 5 at 9 a.m. to discuss the use of the facilities fund at the Kodiak Fisheries Research Center's main conference room. The Assembly would meet in a work session on Thursday, August 10 at 7:30 p.m. in the Borough Conference Room and a regular meeting on Thursday, August 17, 2006 at 7:30 p.m. in the Assembly Chambers. EXECUTIVE SESSION A. Borough Manager's Evaluation. WILLIAMS moved to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Oswalt, Ranney, Stephens, Williams Mayor Selby recessed the regular meeting at 9:30pm to convene into executive session and invited all Assemblymembers, the Mayor, and the Manager to participate. The regular meeting was reconvened at 9:40 p.m. WILLIAMS moved to increase Manager Gifford's annual salary by $5,000 retroactive to his anniversary date, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Oswalt, Ranney, Stephens, Williams, Abell ADJOURNMENT BRANSON moved to adjourn the meeting, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Branson The meeting adjourned at 9:40 p.m. ATTEST: Nova M. Javier, Kodiak Island Borough August 3, 2006 come M. Selby, Mayor MC, Borough Clerk Approved: September 7, 2006 Assembly Minutes Page 302