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2007-01-18 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting January 18, 2007 A regular meeting of the Kodiak Island Borough Assembly was held January 18, 2007 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, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Barbara Williams. Staff members present were Manager Rick Gifford, E &F Director Bud Cassidy, Clerk Nova Javier, and Assistant Clerk Jessica Basuel. APPROVAL OF AGENDA BRANSON moved to approve the agenda, seconded by OSWALT. VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Regular Meetings of November 2, Special Meeting of November 9, and Regular Meeting of December 7, 2006. OSWALT moved to approve the minutes as submitted, seconded by FRIEND. VOICE VOTE ON MOTION TO APPROVE THE MINUTES CARRIED UNANIMOUSLY AWARDS AND PRESENTATION A. Employee of the Quarter Manager Gifford presented the Employee of the Quarter award to Meagan Christiansen, Secretary III in the Finance Department. B. Fiscal Year 2007 Distinguished Budget Presentation Award Manager Gifford presented the Fiscal Year 2007 Distinguished Budget Presentation award to Karleton Short, Borough Finance Officer. C. Student of the Month Mayor Selby presented the January Student of the Month award to Randy James Boskofsky, a Junior at the Port Lions High School. D. Proclamation Mayor Selby proclaimed February 8, 2007 as Coast Guard Cutter "Storis" Day, encouraging the citizens of the Kodiak Island Borough to recognize the many years of service the Coast Guard Cutter Storis has provided for the nation, the State of Alaska and Kodiak. Kodiak Island Borough Assembly Minutes January 18, 2007 Page 355 CITIZENS' COMMENTS — None. COMMITTEE REPORTS A. U.S. Army Corps of Engineers Update Kate Daniel of the US Army Corps of Engineers gave an update on the different field work studies they are currently working on. She reported on the fuel contaminated soil they have excavated in the summer. She commented on the two investigative projects they are currently working on. She reported their final project is the study of Burma Road site, investigating the contamination between Bell's Flats and the foot of Barometer Mountain. The U.S. Army Corps of Engineers was working through funding for the next year and plans for field work this summer had not yet been finalized. Assembly member Jeffrey, Borough Assembly Representative on the Kodiak College Advisory Council, announced classes started January 16, 2007. She reported new certified programs were available at the College and a delivery technology program was also available to help students apply for jobs online. Mayor Selby reported the Community Economic Development Committee (CEDC), Chamber, Borough, City, and Tribal Council Representatives met this week, looking at the economic development in the communities. Transportation issues and goals and objectives for the communities were discussed. PUBLIC HEARING A. Ordinance No. FY2007 -11 Amending Section 902 Tuition Refunds of the Kodiak Island Borough Personnel Manual. OSWALT moved to adopt Ordinance No. FY2007 -11, seconded by BRANSON. Manager Gifford reported this ordinance would increase the reimbursable tuition amount from $1,000 to $1,500 per employee per fiscal year for union and non -union employees in the Kodiak Island Borough personnel manual. Mayor Selby opened the public hearing; hearing and seeing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, Williams BOROUGH MANAGER'S REPORT Manager Gifford reported the saline equipment for the pool had arrived. Staff was currently working on the EVOS funding proposal. He reported the Anton Larson project was moving forward. Manager Gifford would be attending the Alaska Municipal League (AML) Legislative meeting in Juneau, on January 24 and attending the Southwest Alaska Municipal Conference (SWAMC) meeting, in Anchorage January 25 -26, 2007. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported the Salvation Army had given a good report about the community helping out during the holiday season. He also thanked everyone for helping each other out during the winter season. Kodiak Island Borough Assembly Minutes January 18, 2007 Page 356 UNFINISHED BUSINESS A. 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. This resolution was postponed from the November 2 and December 7 meetings. Manager Gifford reported Robert and Earlene Berg, residents of the Kodiak Island Borough, requested the disposal of borough land for fair market value, in accordance with KIBC 18.20 of a portion of lot 1A- 3, US Survey 3465, located next to their principal residence for the purpose of constructing an attached residential garage addition to their existing dwelling. Per KIBC, the Planning and Zoning Commission has reviewed this land disposal request and has recommended that the Assembly declare the 6,000 square foot parcel surplus to the public's need and authorize the manager to negotiate the disposal to the adjoining landowner for full and true market value along with additional stipulations as outlined in Section 3 of Resolution No. FY2007 -11. In addition, the Assembly at the last work session, has directed the Administration to initiate the disposal of the remainder of the lot to the Elks Lodge. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Williams, Abell NEW BUSINESS A. CONTRACTS 1. Contract No. 2006 -39A Amendment No. 1 to Contract No. FY2006 -39 Solid Waste Collection with Alaska Pacific Environmental Services Anchorage, LLC dba Alaska Waste and Kodiak Sanitation. WILLIAMS moved to authorize the Manager to execute amendment No. 1 to Contract No. FY2006 -39 Solid Waste Collection with Alaska Pacific Environmental Services, LLC of Anchorage, Alaska dba Alaska Waste and Kodiak Sanitation, seconded by OSWALT. Manager Gifford reported Alaska Waste determined the City residential rate in their contract bid on the basis that they would remove the City dumpsters. This amendment would prevent that from happening. It was estimated that the yearly cost increase would be approximately $28,566 or a monthly increase of $2,380. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell, Branson 2. Contract No. FY2007 -29 Construction of West Side Toe Drain Extension at the Landfill Facility. FRIEND moved to authorize the Manager to execute Contract No. FY2007 -29 with Red Hook Construction, LLC of Kodiak, AK in the amount not to exceed $89,000 for the extension of the landfill toe drain system, seconded by WILLIAMS. Assembly member Lynch declared a conflict of interest. Mayor Selby excused her from participating in the discussion and voting on this matter. Kodiak Island Borough Assembly Minutes January 18, 2007 Page 357 Manager Gifford reported this contract was for construction of the west side toe drain extension at the landfill facility. This construction project would install a toe drain extension to capture the leachate and be tied into Manhole A. Construction must be completed by May 31, 2007 in order to comply with the ADEC Solid Waste Program. A bid was received from Red Hook Construction, LLC in the amount of $89,000. Part of this project was covered under KIB's loan agreement which was already in place with ADEC and the remaining loan funds and would close the loan with the State. The remainder of the costs would come from the landfill's budget. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Wiliams, Abell, Branson, Friend B. RESOLUTIONS 1. Resolution No. FY2007 -17 Adopting the Kodiak Island Borough Strategic Plan for the Years 2007 -2011. WiILLIAMS moved to adopt Resolution No. FY2007 -17, seconded by BRANSON. Manager Gifford reported the Assembly held a strategic planning session on December 9, 2006 and the session culminated in the preparation of Resolution No. FY2007 -17. The Strategic Plan outlined the KIB's mission, vision, and guiding principles. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Williams, Abell, Branson, Friend, Jeffrey 2. Resolution No. FY2007 -18 Stating Non - Objection to Karluk Volunteer Fire Department Being Recognized by the State of Alaska as a Volunteer Fire Department to Provide Fire Protection in the Kodiak Island Borough. OSWALT moved to adopt Resolution No. FY2007 -18, seconded by BRANSON. Manager Gifford reported the State of Alaska, Department of Public Safety, Division of Fire Prevention required fire departments throughout the state located within the boundaries of recognized municipalities that they be authorized by the municipality to perform their duties before the State would register them as a fire department. The Karluk Volunteer Fire Department (VFD) has contacted the Borough requesting formal recognition. The Karluk VFD would not be affiliated with the KIB nor indemnified by the KIB for any acts or omissions related to fire protection or any other action. Based on this and information provided by the State Fire Marshal's Office, staff has no objection to the existence of the Karluk VFD or to their providing fire protection services within the KIB in their respective area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch 3. Resolution No. FY2007 -19 Adopting a Improvement Projects Priority List. Oswalt, Williams, Abell, Branson, Friend, 2007 Federal Legislative Capital WILLIAMS moved to adopt Resolution No. FY2007 -19, seconded by FRIEND. Manager Gifford reported this resolution identified the proposed Borough's top five federal capital projects priorities for 2007. The corrected resolution for the federal capital projects priority list has all of the same projects as last year except for the Chiniak Tsunami Center Expansion Project which was removed at the request of the Chiniak Community Council. In addition, funding request for roads and trails had been added. Kodiak Island Borough Assembly Minutes January 18, 2007 Page 358 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY :: Williams, Oswalt, Abell, Friend, Jeffrey, Lynch, Oswalt 4. Resolution No. FY2007 -20 Adopting a Rural Communities 2007 State Legislative Capital Improvement Projects Priority List. FRIEND moved to adopt Resolution No. FY2007 -20, seconded by OSWALT. Manager Gifford reported this resolution was the 2007 Capital Projects List from rural communities of Kodiak Island Borough. This resolution indicated that the Borough supports the communities and the projects that they are seeking funding for, from the State Legislature. A corrected and revised resolution was provided with the changes to Akhiok and Larsen Bay lists. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Fiend, Jeffrey, Lynch, Oswalt, Williams C. ORDINANCES FOR INTRODUCTION - None. D. OTHER ITEMS - None. CITIZENS' COMMENTS —None. ASSEMBLY MEMBER COMMENTS Assembly members Williams and Friend had no comments. Assembly member Abell questioned as to what would be put on hold project wise in order to proceed in getting out of the metal business and what the time frame would be. Darren Muller, Ouzinkie resident, phoned in to comment on the 2007 Rural Communities State Legislative Capital Improvement Projects Priority list. Mayor Selby, in response to Mr. Muller, said the manager was negotiating the contract with the architectural services for the school bond projects and hoped to award a contract for the village projects in the next month. The plan included having the architect come to village schools and do design work. Assembly member Branson congratulated Meagan Christiansen, Karleton Short, and Student of the Month (SOM) for January, Randy James Boskofsky. Assembly member Jeffrey was glad to hear from Darren Muller of Ouzinkie and informed the audience that one item on the strategic plan was to use technology to increase communication between Kodiak Island communities. Assembly member Oswalt appreciated Mr. Muller phoning in from Ouzinkie and hoped to be able to find better communications in the future. Assembly member Lynch congratulated Meagan Christiansen, Karleton Short, and SOM Randy James Boskofsky. She also congratulated the village communities in preparing the priority list and hoped the Assembly would support the leadership in the village communities. Kodiak Island Borough Assembly Minutes January 18, 2007 Page 359 ANNOUNCEMENTS Mayor Selby announced the Assembly work session on Thursday, January 25 and the regular meeting on Thursday, February 1 have been cancelled. There would be a Joint Borough /City Council Work Session on Tuesday, February 13 at 7:30 p.m. in the Borough Assembly Chambers. The next Assembly work session is scheduled on Thursday, February 8 at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, February 15 at 7:30 p.m. in the Borough Assembly Chambers. The Mayor will be attending AML in Juneau on January 23 -25 and members of the Assembly will be attending the Southwest Alaska Municipal Conference in Anchorage, January 25 -26, 2007. EXECUTIVE SESSION WILLIAMS moved to convene into executive session to discuss the Borough Clerk's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice her reputation or character, seconded by JEFFREY. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Williams, Abell Mayor Selby recessed the regular meeting at 8:34 pm. He reconvened the regular meeting at 9:51 p.m. No action was taken as a result of the executive session. ADJOURNMENT FRIEND moved to adjourn the meeting, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell, Branson The meeting adjourned at 9:51 p.m. ATTEST: Nova M. Javier, CMC, Boroug Clerk Kodiak Island Borough January 18, 2007 Jerc rye M. Selby, May Approved: 02/15/2007 Assembly Minutes Page 360