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2006-09-07 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting September 7, 2006 A regular meeting of the Kodiak Island Borough Assembly was held September 7, 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, Assembly members Tom Abell, Sue Jeffrey, Reed Oswalt, Cecil Ranney, Mel Stephens, and Barbara Williams. Staff present were Manager Rick Gifford, Department heads; Engineering and Facilities Bud Cassidy, Finance Director Karl Short, Project Manager Ken Smith, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. WILLIAMS moved to excuse Assembly member Branson, seconded by OSWALT VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA JEFFREY moved to approve the agenda, seconded by WILLIAMS VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meetings of July 20 and August 3, 2006. OSWALT moved to approve the minutes as submitted, seconded by JEFFREY VOICE VOTE ON MOTION TO APPROVE THE MINUTES AS SUBMITTED CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS Mayor Selby proclaimed September 2006 Alcohol and Drug Addiction Recovery Month. Melanie Nelson with Safe Harbor accepted the proclamation. Mayor Selby proclaimed September 16, 2006 as United States Coast Guard "We Applaud You Day." Proclamation will be presented at the United States Coast Guard "We Applaud You Day" celebration on September 16, 2006. CITIZENS' COMMENTS Debora Kinq Economic Specialist with the Kodiak Chamber of Commerce, spoke in support of Resolution No. FY2007 -07. This funding request was for the Kodiak Branding and Marketing Committee and the "Star of Kodiak ", a community -based Quality Assurance Program for wild seafood products originating from the Kodiak Region. Kodiak Island Borough Assembly Minutes September 7, 2006 Page 307 Stephen Taufen with the Groundswell Fisheries Movement spoke against the funding request for the "Star of Kodiak" salmon seafood enhancement program. He believed in assisting fishermen in a direct marketing entrepreneurial manner. He also favored results over mere activities. Pat Holmes appreciated having the meetings publicized on the radio. He supported Resolution No. FY2007 -08 urging the federal subsistence board to designate Kodiak rural. COMMITTEE REPORTS A. Scott Arndt Architectural Review Board Member, noted they met and interviewed four firms for the ADF &G building. First choice was ECI Hyer and RIM Architects was the second. Additional information will be forwarded to the Assembly. B. Cecil Ranney reported that the Gulf Rationalization Task Force met September 6, 2006 at the college and will meet again September 20, 2006 for additional input. Task Force is working on a recommendation for the Borough, hoping to have it ready for the October joint work session with the City. PUBLIC HEARING — None. BOROUGH MANAGER'S REPORT Manager Gifford received a letter from Donald Rush, CEO of Providence Kodiak Island Medical Center, inviting the Mayor and Assembly to a joint meeting to address health needs with the Providence Region Board on September 22, 2006. In the Assembly's mail was a Structural Condition Survey for the Kodiak High School Pool prepared by BBFM Engineers, Inc. With this information, staff would be working on numbers to submit to the Bo roug h. Manager Gifford will be out of the office September 8 - 20, 2006 to attend the ICMA Conference. MESSAGES FROM THE BOROUGH MAYOR - None. UNFINISHED BUSINESS — None. NEW BUSINESS A. CONTRACTS 1. Contract No. 2007 -10 Purchase of a Triple Combination Pumper for Bayside Fire Department. JEFFREY moved to authorize the Manager to execute Contract No. 2007 -10 with Pierce Manufacturers and Hughes Fire Equipment in an amount not to exceed $365.450, seconded by WILLIAMS Manager Gifford reported that the Bayside Fire Department is replacing the existing 1983 fire truck with a new Pumper Fire Engine. The cost includes the tank, hoses, pumping equipment and other accessory items used to extinguish fires. Two firms responded, the second was determined as non- responsive. Proposals were reviewed by staff, Service Area No.1 Board, and the Borough Attorney. Assembly member Stephens asked if staff had heard from the low bidder. He was concerned about not going with a low bid because they were determined non - responsive. Assembly member Kodiak Island Borough Assembly Minutes September 7, 2006 Page 308 Stephens was also concerned about the advance payment made to contractor. He would propose an amendment. Scott Arndt responded that the Board was comfortable with the financial arrangements of prepayment in that the Coast Guard and Womens Bay have both purchased equipment under the same conditions successfully in the past. JEFFREY moved to amend the motion to authorize the Manager to execute Contract No. 2007 -10 not to exceed $385,754, seconded by STEPHENS Assembly member Abell stated the he will vote against the amendment. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO TWO: Jeffrey, Oswalt, Ranney, Stephens (Ayes); Abell, Williams (Noes) ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Abell, Jeffrey, Oswalt, Ranney, Stephens, Williams 2. Contract No. 2007 -11 RFP #1 Architectural and Engineering Services for KMS Seismic Upgrade, KHS Library Seismic Upgrade, KHS Gym Seismic Upgrade, KHS /KMS Complex IRMA Roof Upgrade, KHS Learning Center, KHS Exterior Insulation and Window Replacement, KHS Vocational Center Renovation and KHS Pool Reclamation. WILLIAMS moved to authorize the manager to execute Contract No. FY 2007 -11 to Jensen Yorba Lott Inc. of Juneau, Alaska to perform the services specified in RFP #1, in an amount not to exceed $733,484, second by JEFFREY Manager Gifford reported that the Architectural Review Board interviewed four firms and recommended Jensen Yorba Lott Inc. of Juneau. Other information has been attached about the selection of the architect. Assembly member Williams said she received additional information about the project today and was not prepared to vote. WILLIAMS moved to postpone Contract No. 2007 -11 to the next regular meeting of September 21, 2006, seconded by STEPHENS Assembly member Stephens had reviewed the memorandum and it answered some of the questions, but not all. He suggested that the vote be postponed because he had questions and the issue needed to be dealt with before he could vote on the issue. Assembly member Williams was also concerned about the time and materials aspect of this contract. Manager Gifford explained the difference between a professional and construction contract. A construction contract as with architectural and engineering services may flex in costs and scope of work. It is the Borough's job to manage within the budget. Assembly member Jeffrey stated she was going to vote for the contract. She was satisfied with the language and did not want to delay the project any further. Assembly member Ranney hoped that, if the project was delayed, questions would be answered timely because people are concerned about the seismic study. Kodiak Island Borough Assembly Minutes September 7, 2006 Page 309 Assembly member Oswalt would like to see the action postponed. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FIVE TO ONE: Oswalt, Ranney, Stephens, Williams, Abell (Ayes); Jeffrey (No) B. RESOLUTIONS 1. Resolution No. FY2007 -06 Authorizing the Approval of Lease with the Kodiak Area Special Olympics, OSWALT moved to adopt Resolution No. FY2007 -06, seconded by ABELL Manager Gifford reported that negotiated leases needed to be approved by the Assembly. The term of the lease was for one year and the rate per square foot had been approved in the fee schedule by Resolution No. 2003 -20E on May 18, 2006. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stephens, Williams, Abell, Jeffrey, Oswalt 2. Resolution No. FY2007 -07 Supporting Funding for the Kodiak Branding and Marketing Committee, ABELL moved to adopt Resolution No. FY2007 -07, seconded by JEFFREY Manager Gifford reported that this resolution would support funding to the Kodiak Branding and Marketing Committee (KBMC). Assembly member Williams was concerned about the exclusive use of the Star of Kodiak logo, not having legal ownership. Debora Kinq reiterated that International Seafoods of Alaska (ISA) had given permission to use the logo. Assembly member Oswalt visited with two processors this week and they were curious if Trident had permission to use the Star of Kodiak. He voiced concern about the legal rights to the "Star of Kodiak" title. Assembly member Jeffrey supported this promotional program. In response to Assembly member Abell, Debora King noted the last communication with ISA was September 6. Mr. Abell stated he would vote for the $25,000. Assembly member Stephens would vote against the requested funding because he believed it was too late in the year to vote to fund this promotional program. Assembly member Jeffrey believed that it was the responsibility of this community to support this marketing tool. Assembly member Ranney noted that the budget was only an estimation of what is spent and the manager had assured them that there was money for this and can be addressed during mid -term budget amendments. Mr. Ranney hoped that this would be seed money and that the processors and fishermen would get behind this promotional tool. Kodiak Island Borough Assembly Minutes September 7, 2006 Page 310 Assembly member Williams agreed that this marketing tool was good but was also concerned about the title. Mr. Stephen Taufen reiterated his concerns because he did not believe the taxpayers should be paying for it. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Abell, Jeffrey, Ranney, Selby (Ayes); Stephens, Williams and Oswalt (Noes) 3. Resolution No. 1995 -01G Amending Resolution No. 1995 -01 Adopting a Records Retention Schedule and Central Filing System to Reflect Amendment to Series BC- 05 in the Clerk's Office. WILLIAMS moved to adopt Resolution No. 1995 -01G, seconded by JEFFREY Clerk Javier reported that the records retention schedule needed to be updated to allow keeping certain records permanently. The resolution had been reviewed by the attorney. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Jeffrey, Oswalt, Ranney, Stephens 4. Resolution No. FY2007 -08 Urging the Federal Subsistence Board to Designate Kodiak Rural. OSWALT moved to adopt Resolution No. FY2007 -08, seconded by STEPHENS Manager Gifford stated that the proposed resolution presented arguments that the Kodiak area should remain rural. Assembly member Stephens supported this resolution and encouraged the public to appear before the board. Assembly member Jeffrey had spoken to people affected directly with the resolution. She reported that it was up to the public to address and state opinions about Kodiak's rural nature at this hearing. Mayor Selby encouraged people that partake in fish and game use to speak at the public forum. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Jeffrey, Oswalt, Ranney, Stephens, Williams After a fifteen - minute break, Mayor Selby reconvened the regular meeting at 9:06 p.m. B. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -06 Amending Title 3 Revenue and Finance Chapter 3. Transient Accommodations Tax to Provide for Collection That Ic[l lJ More Efficient. ll. JEFFREY moved to adopt Ordinance No. FY2007 -06 in first reading to advance to public hearing on September 21, 2006, seconded by OSWALT Manager Gifford explained that amending the ordinance would eliminate the possibility of the owner of real and personal property avoiding responsibility for the accommodations tax by renting property to third party operators. Kodiak Island Borough Assembly Minutes September 7, 2006 Page 311 Assembly member Stephens wondered if the Borough had authority to pass this ordinance to assess the lien. Stephens was opposed because he did not think this was necessary and that collections could be handled in a different manner. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Jeffrey, Ranney, Abell, Selby (Ayes), Oswalt, Stephens, Williams (Noes) 2. Ordinance No. FY2007 -07 Amending the First Paragraph of Section 203 of the Personnel Rules and Regulations WILLIAMS moved to adopt Ordinance No. FY2007 -07 in first reading to advance to public hearing on September 21, 2006, seconded by JEFFREY Manager Gifford explained that the present personnel code states that "A member of the Personnel Board may not hold any other office or position in the Kodiak Island Borough government and must be a registered voter in the Kodiak Island Borough." The Borough does not believe that this was the intent of the current language and recommended that the current limitation be changed. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams Abell, Jeffrey 3. Ordinance No. FY2007 -08 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapters 17.03, 17.06, 17.12, 17.13, 17.15 — 17,20, 17.22, and 17.57 for Transient Accommodations. JEFFREY moved to adopt Ordinance No, FY2007 -08 in first reading to advance to public hearing on September 21, 2006, seconded by OSWALT Manager Gifford reported that the Community Development had initiated a code update to portions of the KIB zoning ordinance as it relates to different "transient accommodation" uses. The code review and update had been reviewed and agreed upon by the Chair of the Planning and Zoning Commission. Assembly member Stephens stated he was going to vote against the ordinance. He had not seen a statement of need for this bed and breakfast ordinance and understood that it was because of complaints about parking. Assembly member Jeffrey stated she was going to vote to move the ordinance for a second hearing to have more time to study it and hear from the public. Assembly member Williams indicated that she was going to support this ordinance to hear public input. Assembly member Ranney wanted to hear from Planning and Zoning Commission in a work session. Manager Gifford would have the Community Development Department and the Planning and Zoning Commission come to speak at the next work session to answer any questions the Assembly may have. The ordinance update had been reviewed by the attorney. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Ranney, Williams, Abell, Jeffrey, Oswalt (Ayes); Stephens (No) Kodiak Island Borough Assembly Minutes September 7, 2006 Page 312 4. Ordinance No. FY2007 -01A Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating a State Grant in the Amount of $301,318 for the Seismic Retrofit of the Ouzinkie School Foundation. ABELL moved to adopt Ordinance No. 2007 -01A in first reading to advance to public hearing on September 21, 2006, seconded by OSWALT Manager Gifford thanked Bud Cassidy, Ken Smith, and Duane Dvorak for their hard work in securing this grant in the short amount of time they had to work on it. Mayor Selby also commended staff in securing these grants for the seismic repairs. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Jeffrey, Oswalt, Ranney 5. Ordinance No. FY2007 -09 Authorizing an Amendment to the Borough's Participation Agreement With the Public Employees Retirement System (PERS) of Alaska and to Change the Borough Code of Ordinances to Exclude Participation of Elected Officials. RANNEY moved to adopt Ordinance No. FY2007 -09 in the first reading to advance to public hearing on September 21, 2006, seconded by Williams. Manager Gifford reported that the Ordinance was recommended by Assembly member Ranney. Legal opinion had been requested but was not available for this meeting. Manager suggested the ordinance be advanced to a second public hearing and legal advice would be available at that time. Assembly member Ranney reported that the PERS program was in trouble and this ordinance would help remedy the problem. Assembly member Williams will vote for this ordinance, to move it forward to have a chance to hear the legal opinion based on Assembly member Stephens' memo. Assembly member Stephens was afraid that the ordinance as stated would have legal ramifications. Assembly member Jeffrey agreed with Assembly member Stephens on the ordinance and looked forward to legal opinion. She suggested making the effective date beyond this election and not making it effective in the middle of an election. Assembly member Abell would vote against the ordinance. He believed this was a rightful benefit for the elected officials. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Abell, Jeffrey, Oswalt, Stephens (Noes); William, Ranney (Ayes) D. OTHER ITEMS 1. Assembly Approval of Refund of Taxes Paid Under Protest Per AS29.45.500(A). WILLIAMS moved to approve Finance Department's request to refund the tax collected and related expenses to the taxpayer, seconded by ABELL. Kodiak Island Borough Assembly Minutes September 7, 2006 Page 313 Manager Gifford addressed the situation of the Buskin River Inn not remitting their transient taxes since July 2004 in the amount of $43,603.42. Koniag Inc. paid the taxes to release the lien put in by the Borough. Attorney Tom Klinkner is reviewing the case and staff requested that the case be postponed to the next meeting. STEPHENS moved to postpone the request to refund the collected and related expenses to the taxpayer to the September 21, 2006 regular meeting, seconded by OSWALT ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Jeffrey, Oswalt, Ranney, Stephens, Williams 2. Vacation of a 10 -Foot Wide Electrical Easement Located on Portions of Proposed Lots 3 and 4, Northern Business Park. ABELL moved to approve the vacation of a 10 -foot wide electrical easement located on portions of proposed Lots 3 and 4, Northern Business Park, seconded by JEFFREY Manager Gifford explained that KIB Planning and Zoning Commission approved the above referenced electrical easement vacation after a public hearing held on July 19, 2006. The Kodiak Island borough Assembly is the applicable review body, which must review the vacation request in accordance with KIB Code Section 16.60.060. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell CITIZENS' COMMENTS Isa Steel thanked the Borough Assembly for making the schools safer from earthquakes. She urged the Assembly to make decisions quickly so that schools would be safe for the children and staff. ASSEMBLY MEMBER COMMENTS Assembly member Stephens spoke about the contract for design services from an architectural firm. He appreciated the memo in response to his questions. Assembly member Oswalt would like an Engineer's condition report on the pool discussed at the next work session. He also would like to see upgrades done immediately, i.e., Saline pool UV system. Assembly member Jeffrey voted against PERS ordinance not because she did not think it was important. She felt rushed about the issue and that it needed to be discussed further. Assembly member Abell felt that the ventilation system in the pool area needed to be addressed. He reported a study was being funded through SWAMC to conduct seafood harvesting labor data. RAMP am alsn nnan nn the RWAMr: Rnarrl Ha wnnlri liken to scum then Aceenmhly ,- ic rnec soiling the hospital to Providence. Assembly member Ranney had no comments. Assembly member Williams thanked the Assembly for its input. She also thanked Assembly member Abell for his comments about the hospital. Ms. Williams believed that the Borough should divest themselves of garbage collection and metals considering the costs. She would like the garbage issue discussed on the next work session along with the solarium. Kodiak Island Borough Assembly Minutes September 7, 2006 Page 314 ANNOUNCEMENTS The Assembly would meet in a work session on Thursday, September 14 at 7:30 p.m. in the Borough Conference Room and a regular meeting on Thursday, September 21, 2006 at 7:30 p.m. in the Assembly Chambers. ADJOURNMENT WILLIAMS moved to adjourn, seconded by JEFFREY ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Jeffrey The meeting adjourned at 10:05 p.m. ATTEST: (J U 1/7)L ! I / inA Nova M. Javier, CMS ;rough Clerk me M. Selby, Mayor Approved: November 2, 2006 Kodiak Island Borough Assembly Minutes September 7, 2006 Page 315