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2006-11-02 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting November 2, 2006 A regular meeting of the Kodiak Island Borough Assembly was held November 2, 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 Sergeant Major Dave Blacketer of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Jerrol Friend, Sue Jeffrey, Chris Lynch, and Reed Oswalt. Absent were Assembly members Pat Branson and Barbara Williams. Staff members present were Administrative Official Bud Cassidy, Finance Director Karl Short, Associate Planner Duane Dvorak, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. JEFFREY moved to excuse Assembly members Branson and Williams, seconded by OSWALT VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA FRIEND moved to approve the agenda, seconded by JEFFREY VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meeting of September 7, 2006. OSWALT moved to approve the minutes as submitted, seconded byABELL VOICE VOTE ON MOTION TO APPROVE THE MINUTES CARRIED UNANIMOUSLY AWARDS AND PRESENTATION — None. CITIZENS' COMMENTS Deb Houlden-Enqvall, Girl Scout Jr. Troop 963 Leader, thanked the Assembly for its contribution and support to the Girl Scouts. Edward Coe spoke about the disposal of Lot 3465 and distributed copies of the ownership history of the property. He requested the Assembly to read the history before voting on the resolution. Ken Lester said Lot 3465 should remain a whole lot. He said title of land is unclear and suggested more research should be done. Julie Bonney commented on Resolution No. FY2007 -12 and offered some amendments. Al Burch concurred with Julie Bonney's comments. Nick Troxell noted Mr. Cassidy commented that the contractor made over a million dollars with the metal contract. He felt that it was wrong for public officials to make presentations with incorrect numbers. Kodiak Island Borough Assembly Minutes November 2, 2006 Page 335 COMMITTEE REPORTS - None. PUBLIC HEARING A. Ordinance No. FY2007 -01 E Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Accepting and Appropriating State Legislative Grants for the Port Lions Community Work Shop, Larsen Bay Equipment, Ouzinkie Dock Replacement, and Area Wide Schools Equipment and Supplies. JEFFREY moved to adopt Ordinance No. FY2007 -01 E, seconded by OSWALT Administrative Official Cassidy reported this ordinance accepts monies from the State through legislation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Friend, Jeffrey, Lynch, Oswalt B. Ordinance No. FY2007- 01A(A) Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Increasing the Amount of the Seismic Retro -fit of the Ouzinkie School Foundation Project. OSWALT moved to adopt Ordinance No. FY2007- 01A(A), seconded by LYNCH Administrative Official Cassidy reported this was a Homeland Security Grant for the improvement of the foundation for the Ouzinkie School. Staff recommended that the grant be accepted in the amount of $308,344. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Abell C. Ordinance No. FY2007 -01 C(A) Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Increasing the Amount of the Seismic Retrofit of the Kodiak High School Library Wing Project. ABELL moved to adopt Ordinance No. FY2007 -01 C(A), seconded by OSWALT Administrative Official Cassidy reported this grant was a State Homeland Security Grant in the amount of $465,618. Staff recommended approval of this grant. Assembly member Abell thanked the Daily Mirror for recognizing the good job done by staff. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY- Jeffrey, Lynch, Oswalt, Abell, Friend BOROUGH MANAGER'S REPORT Administrative Official Cassidy reported Manager Gifford was out of town and would return Tuesday, November 9, 2006. He noted the policies inserted in the Coastal Management Plan have been denied by the State and should be discussed at the next work session. Mr. Cassidy referred to Associate Planner Dvorak to address the current plan revision process. Assembly member Lynch commented that this was devastating to the community and suggested mediation. Assembly member Friend noted the KIB consultant would be able to help in mediation. Kodiak Island Borough Assembly Minutes November 2, 2006 Page 336 Mayor Selby requested that the Coastal Management Plan be placed on the next work session agenda. Administrative Official Cassidy, in response to Nick Troxell's statement, about the metal contract stated that the Borough did pay millions of dollars for the contract over a six -year period. Assembly member Oswalt was sorry that the conversation on the radio went as it did. MESSAGES FROM THE BOROUGH MAYOR The Kodiak Branding and Marketing Committee had tentative approval from the Alaska Fisheries Marketing Board and was making good connections in securing other sources of selling Kodiak salmon. Mayor Selby and Manager Gifford met with Lobbyist Hickey and discussed the upcoming legislative session, revenue sharing, and PERS /TRS. Mayor Selby was hoping the legislature and new administration would help with this big debt. He announced the KIB Mayor's Conference will be held November 3, 2006 where projects and needs for the outlying communities for the upcoming year would be discussed. Mayor Selby wished Manager Gifford and his wife the best. Mrs. Gifford had lost her father over the weekend. Mayor Selby also encouraged folks to be thankful, with the holiday season upon us; he suggested that efforts be made in the community to reach out. UNFINISHED BUSINESS — None. NEW BUSINESS A. REORGANIZATION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 1. Election of Deputy Presiding Officer Mayor Selby opened the nominations. OSWALT moved to nominate Assembly member Abell as Deputy Presiding Officer, seconded by FRIEND. Mayor Selby closed the nominations. JEFFREY moved to cast a unanimous ballot for Assembly member Abell as Deputy Presiding Officer, seconded by FRIEND ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY.: Lynch, Oswalt, Abell, Friend, Jeffrey B. CONTRACTS 1. Contract No. 2004-61B Legislative Consultant for the Kodiak Island Borough During the FY07 and the FY08 Legislative Sessions. OSWALT move to authorize the manager to execute Contract No. 2004-61B with Hickey and Associates of Juneau, Alaska for professional legislative consulting services in the amount of $40,000 per year for the period of January 2007 through December 31, 2008, seconded by ABELL Administrative Official Cassidy reported this was to approve a two -year contract for lobbying Kodiak Island Borough Assembly Minutes November 2, 2006 Page 337 services with Mark Hickey of Hickey and Associates of Juneau. Assembly member Jeffrey reported that this was the first increase for Mr. Hickey in six years. Assembly member Abell complimented Mr. Hickey on a job well done. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Abell, Friend, Jeffrey, Lynch 2. Contract No. FY2007 -21 Cooperation Agreement with Karluk Tribal Council for Tax Exemption of a Low Income Housing Project Necessary for Department of Housing and Urban Development Funding Assistance. ABELL moved to authorize the Manager to execute Contract No. FY2007 -21 with Karluk Tribal Council of Karluk, Alaska providing property tax exemption of property located at KARLUK Block 6 Lot 2 while property is owned by Karluk Tribal Council and used for low income housing, seconded by OSWALT Administrative Official Cassidy reported the U.S. Department of Housing and Urban Development provided funding assistance for this project and required a Cooperation Agreement with the local government stating that the property would be tax exempt while the property is being used for low income assistance. Assembly member Jeffrey said the Borough would not be receiving property tax from this property but would receive a payment in lieu of tax. This building or housing was going to be used as a homeless shelter. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Friend, Jeffrey, Lynch, Oswalt 3. Contract No. FY2007 -22 Landfill Lateral Expansion Design and Construction Services. FRIEND moved to authorize the Manager to execute Contract No. FY2007 -22 with CH2M Hill for the Landfill Lateral Expansion Design and Construction Services in an amount not to exceed $392,599, seconded by JEFFREY Administrative Official Cassidy reported these services were for the engineering services of the lateral expansion for the landfill. Assembly member Lynch declared a conflict of interest since she would be involved with the contractors. Mayor Selby ruled there was a conflict of interest and excused Assembly member Lynch. There was general discussion about postponing action. Some Assembly members would like to see the landfill study and report from Waste Management, Inc. OSWALT moved to postpone Contract No. FY2007 -22 to December 7, 2006, seconded by ABELL ROLL CALL VOTE ON MOTION to postpone to December 7 failed three to one: Friend, Oswalt, Abell (Ayes); Jeffrey (No) Clerk Javier asked if anyone wished to change their vote. Assembly member Jeffrey requested to have her vote changed. The motion is to postpone to December 7, 2006 passed with four votes. Kodiak Island Borough Assembly Minutes November 2, 2006 Page 338 4. Contract No. FY2007 -23 Providence Kodiak Island Medical Center - Design Development and Construction Documents for Phase 5 of the Community Health Center. ABELL moved to authorize the Manager to execute Contract No. FY2007 -23 with Prochaska and Associates for Phase V- Design Development /Construction Document Services for the Community Health Center in an amount not to exceed $265,315 inclusive of reimbursable expenses, seconded by LYNCH Administrative Official Cassidy reported this contract was to move into the design development phase and complete construction documents for the Community Health Center. This project would be paid for by grants and not local tax dollars. Assembly member Lynch commended the foundation for securing the grants to fund this project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Abell, Friend C. RESOLUTIONS 1. Resolution No. FY2007 -11 Declaring Surplus to Public Need a 6,000 Square Foot Portion of Borough Land (Lot 1A-3, U.S. Survey 3465) Located Adjacent to Lot 1, U.S. Survey 3466 and Authorizing the Borough Manager to Negotiate Directly with the Petitioners. JEFFREY moved to adopt Resolution No. FY2007 -11, seconded by FRIEND Administrative Official Cassidy reported this resolution was to seek direction from the Assembly to allow negotiation to take place for this parcel. Final decision would be made by the Assembly in the future as to the final status of property. Assembly member Abell questioned the status of the title and asked for more information. ABELL moved to postpone Resolution No. FY2007 -11 to the December 7 meeting, seconded by JEFFREY ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Lynch, Oswalt, Abell, Friend, Jeffrey 2. Resolution No. 1997 -39A Authorizing the Approval of an Amendment of Resolution FY1997 -39 for the Lease with the Providence System in Alaska for Kodiak Island Counseling Center. ABELL moved to adopt Resolution No. 1997 -39A, seconded byOSWALT Administrative Official Cassidy explained that negotiated leases required approval by the Assembly of specific leases. Safe Harbor needed a new rental space as their current offices are set for sale in December 2006. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Abell, Friend, Jeffrey, Lynch (Ayes); Oswa /t (No) 3. Resolution No. FY2007 -12 Providing Further Comments to the North Pacific Fishery Management Council on Gulf of Alaska Rationalization. Kodiak Island Borough Assembly Minutes November 2, 2006 Page 339 JEFFREY moved to adopt Resolution No. FY2007 -12, seconded by OSWALT. Administrative Official Cassidy reported the Borough Assembly and the City Council met in a joint work session October 17, 2006 to discuss the Report from the Joint Gulf of Alaska Rationalization Task Force and other fishery issues. At that time, direction was given to draft another resolution to be given to the North Pacific Fishery Management Council for their December 6, 2006 meeting. JEFFREY moved to amend No. 2 recommendation on Page Two "initiate a discussion paper on the phase out of the off shore sector in the Gulf of Alaska that is fair and equitable to all participants," seconded by LYNCH Assembly member Jeffrey said that all gear types should be considered in the Gulf Rationalization process. ROLL CALL VOTE ON AMENDED MOTION FAILED THREE TO TWO: Abell, Friend, Oswalt (Noes), Jeffrey, Lynch (Ayes) ABELL moved to amend Resolution FY2007 -12 by deleting "Be it Further Resolved..., No. 1, 2, and 3 recommendations" of the Task Force on page two, seconded by FRIEND Assembly member Abell felt that the use or non -use of latent licenses should not be anyone else's business except the owner himself. Assembly member Abell was not comfortable with the recommendations coming forward when approximately 7 of the 14 members were not at the meeting. Assembly member Lynch noted the Assembly should support the Task Force's recommendations despite the number of members present. She will not vote for the amendment. ROLL CALL VOTE ON AMENDED MOTION FAILED THREE TO TWO: Friend, Oswalt, Abell (Ayes), Jeffrey, Lynch (Noes) Assembly member Abell stated he would be voting against the resolution in its entirety because of the inclusion of the recommendation, and it would not bother him if the Task Force was eliminated. Assembly member Abell believed that the City had taken a lead on this and had not included these recommendations in their resolution. Mr. Abell felt that the Assembly should follow the lead of the City. JEFFREY moved to amend the resolution to reflect "Initiate a discussion paper on allocation of gulf pacific cod amongst gear groups to ensure fair and equitable allocation to all participants," seconded by FRIEND Assembly member Jeffrey said it was important to consider the Task Force's recommendations. Assembly member Jeffrey stated that this amendment would hopefully let the process move slowly and cautiously with discussion and consideration toward fairness and equality. ROLL CALL VOTE ON AMENDED MOTION FAILED THREE TO TWO: Jeffrey, Lynch, Friend (Ayes); Oswalt, Abell (Noes) ABELL moved to postpone the resolution to December 7, seconded byOSWALT Assembly member Abell would like to discuss the resolution more thoroughly. Kodiak Island Borough Assembly Minutes November 2, 2006 Page 340 ROLL CALL VOTE ON MOTION TO POSTPONE FAILED THREE TO TWO: Oswalt, Abell, Friend (Ayes); Lynch, Jeffrey (Noes) ROLL CALL VOTE ON MAIN MOTION FAILED THREE TO TWO: Oswalt, Abell, Friend (Noes); Jeffrey, Lynch (Ayes) 4. Resolution No. FY2007 -13 Urging Support for the Proposed 2007 -2012 Outer Continental Shelf (OSC) Oil and Gas Leasing Program Provided Certain Environmental and Economic Safeguards Are Ensured. OSWALT moved to adopt Resolution No. FY2007 -13, seconded by JEFFREY Administrative Official Cassidy reported this resolution updates and replaces prior Assembly Resolutions 1993 -43, and 2002 -06. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Friend, Jeffrey, Lynch, Oswalt After a ten - minute recess, Mayor Selby reconvened the meeting at 9:25 p.m. ABELL moved to reconsider Resolution No. FY2007 -12, seconded by FRIEND Assembly member Abell proposed the reconsideration to review the resolution again by holding a special meeting on November 9. Assembly member Friend supported the reconsideration in order to get additional public comment. ROLL CALL VOTE ON MOTION TO RECONSIDER CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Abell ABELL moved to postpone Resolution No. 2007 -12 to the November 9 special meeting, seconded by OSWALT ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Abell, Friend D. ORDINANCES FOR INTRODUCTION — None. E. OTHER ITEMS 1. Resignation of Planning and Zoning Commissioner. ABELL moved to accept the resignation of Planning and Zoning Commissioner Jerrol Friend and directed the Borough Clerk to advertise the vacancy per Borough code, seconded by JEFFREY ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Abell, Friend, Jeffrey 2. Review of an option for KIB acquisition of Lots 1B and 1E, Block 4, Woodland Estates Subdivision under the applicable provisions of KIBC Title 18, as recommended by the KIB Planning and Zoning Commission in Subdivision Case S05 -005. JEFFREY moved to authorize the manager to negotiate the option the Borough has for acquisition of Lots 1B and 1E, Block 4, Woodland Estate Subdivision and develop costs for property acquisition, seconded by OSWALT Administrative Official Cassidy stated that staff was looking for direction in negotiating with the property owners. This option to purchase was recommended by the Parks and Recreation Kodiak Island Borough Assembly Minutes November 2, 2006 Page 341 Committee. The property would be used for green space and Manager Gifford would come back to the Assembly for final approval. Assembly member Lynch did not agree with this recommendation in that there was a draft ordinance coming from Parks and Recreation to Planning and Zoning where developers of certain size subdivisions would set aside property designated for public use and will be included in their subdivision. Assembly member Oswalt agreed with Assembly member Lynch and would like to see properties subdivided into larger lots. Assembly member Friend reminded all that the motion was not to purchase but to negotiate. Assembly member Abell disagreed with Assembly member Friend about entering into negotiation. He did not want to see the Borough buy properties that cannot be de\)eloped. Assembly member Jeffrey reiterated that the Assembly was being asked to direct the manager to negotiate and then return to the Assembly. Approval of actual purchase would come back to the Assembly. They are not approving acquisition. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO ONE: Oswalt, Abell, Friend, Jeffrey (Ayes); Lynch (No). CITIZENS' COMMENTS Julie Bonney explained the Task Force process. She said there was sufficient opportunity given to all concerned. Cheryl Boehland phoned in requesting a status update of the Coastal Management Program. Jimmy No thanked the Assembly for the unanimous vote on the community Health Center. He acknowledged the helpful assistance of the Borough Engineering Department in his personal pursuit of upgrading his home to meet code. Associate Planner, Duane Dvorak was one that assisted and was quoted as saying that "the Borough holds itself to the highest standards accountable in interpreting ordinances." Al Burch agreed with Ms. Bonney's comments about the Task Force's public process. SteveTaufen stated that rationalization was destructive, a form of indentured servitude, anti- competitive, and violated world trade organization. ASSEMBLY MEMBER COMMENTS Assembly member Friend would like to work on wording of "fair and equitable" in the gulf rationalization resolution. He would like the CIP list prioritized so that it would be ready for Mr. Hickey. Assembly member Friend would like to see directions given to the Manager to correct contracts coming in with surcharges so that they do not have to be returned. He would like to see the Assembly go to paperless packets. Assembly member Abell thanked everyone for voting for him as Deputy Presiding Officer. He hoped that metals would be discussed at the next work session. On October 4, the Assembly met with Providence Health Center where they expressed wishes to extend their lease for another 10 years. He would also like to see a timetable of the fishery seasons along with regulations. Assembly member Jeffrey stated she had attended the Open Meetings and Parliamentary Procedures training this weekend. She encouraged the public to attend Nnork sessions. Kodiak Island Borough Assembly Minutes November 2, 2006 Page 342 Assembly member Oswalt thanked the Borough Clerk for arranging the Open Meetings Act and Parliamentary Procedures training. Assembly member Lynch agreed with Assembly member Friend regarding electronic packets. She stressed the importance of supporting the volunteers serving in different groups and organizations. Mayor Selby announced the Strategic Planning Meeting scheduled for Saturday, November 4, 2006 had been cancelled. The Assembly would meet in a work session on Thursday, November 9, 2006 in the Borough Conference Room with a Special Meeting to follow immediately. The General Election will be held on Tuesday, November 7, 2006. Absentee voting for the General Election is available in the Borough Clerk's office through November 7. EXECUTIVE SESSION A. Assembly Approval of Refund of Taxes Paid Under Protest Per AS29.45.500(A.) JEFFREY moved to convene into executive session to discuss the refund of taxes paid under protest per AS29.45.500(A), a matter that qualified for executive session under confidential attorney - client communications, seconded by ABELL ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Abell, Friend, Jeffrey, Lynch, Oswalt Mayor Selby recessed the regular meeting at 10:10 p.m. He reconvened the regular meeting at 10:28 p.m. as a result of the executive session and announced no action was taken. B. Matters Involving Negotiations with IBEW ABELL moved to convene to executive session to discuss matters involving negotiations with the IBEW, this qualifies for executive session per KIBC 2.17.030E, matters involving negotiations with labor organizations representing Borough employees, seconded by FRIEND ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Abell Mayor Selby recessed the regular meeting at 10:29 p.m. He reconvened the regular meeting at 10:45 p.m. and announced no action was taken as a result of the executive session. ADJOURNMENT JEFFREY moved to adjourn the meeting, seconded byOSWALT ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Abell, Friend The meeting adjourned at 10:45 p.m. ATTEST: Jer , me M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk Approved: January 18, 2007 Kodiak Island Borough Assembly Minutes November 2, 2006 Page 343