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2007-03-15 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting March 15, 2007 A regular meeting of the Kodiak Island Borough Assembly was held March 15, 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, and Chris Lynch. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Basuel. BRANSON moved to excuse Assembly members Sue Jeffrey, Reed Oswalt, and Barbara Williams, seconded by ABELL. VOICE VOTE ON MOTION TO EXCUSE CARRIED UNANIMOUSLY APPROVAL OF AGENDA ABELL moved to approve the agenda, seconded by BRANSON. VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Regular Meeting of February 15, 2007. FRIEND moved to approve the minutes as submitted, seconded by BRANSON. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AWARDS AND PRESENTATION A. Student of the Month Mayor Selby presented the February Student of the Month Award to Aaron Cooper, a Senior at the Kodiak High School. B. Proclamation Mayor Selby proclaimed the month of March as "VVornen's History Month" urging residents to increase knowledge and appreciation of the valuable role women play in our lives. CITIZENS' COMMENTS Jeff Stephan, United Fisherman Marketing Association Representative, thanked the Assembly for its financial support to the King Crab Enhancement Workshop. He said the workshop was successful and projects are ongoing as a result. He thanked Dr. Brian Allee, Director of the Alaska Sea Grant College Program and Dr. Denis Wiesenberg, Dean of the University of Alaska Fairbanks School of Fisheries and Ocean Sciences. Kodiak Island Borough Assembly Minutes March 15, 2007 Page 368 Dr. Bryan Allee, Director of the Alaska Sea Grant College Program, reported about the technology being explored as a result of the work shop and thanked the Assembly for its support. Tom Quick, City of Ouzinkie Council Member, spoke in support of Resolution No. FY2007 -29. He noted the importance of revenue sharing to smaller municipalities such as Ouzinkie since they do not have a tax base. He urged the Assembly to lobby for revenue sharing to help out in the continuation of basic services in rural communities. Mike Milligan spoke in support of Resolution No. FY2007 -30. Bill Burton spoke in support of Resolution No. FY2007 -30 and asked language be included to protect grazing rights in the area. COMMITTEE REPORTS Assembly member Branson serves on the Providence Service Area Board and gave an update regarding the hospital survey conducted by Joint Commission on Accreditation of Health Care Organizations. She advised a new MRI machine will be coming soon to Kodiak. Mayor Selby reported the Planning and Zoning Commissioners and Parks and Recreation Board Members gave an update to the Assembly at the work session last Thursday. He thanked them for the amount of work they had done especially with the Womens Bay Comprehensive Plan. PUBLIC HEARING Marie Rice Dave Neuman A. Ordinance No. FY2007 -12 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances by Amending Section 17.02.030 Comprehensive Plan to Incorporate the Updated Womens Bay Comprehensive Plan (December 2006.) FRIEND moved to adopt Ordinance No. FY2007 -12, seconded by BRANSON. Manager Gifford reported this ordinance and plan documents were recommended by the KIB Planning and Zoning Commission on December 20, 2006. The P &Z Commission has conducted numerous work sessions and public hearings prior to making this recommendation. A community survey was developed and administered by consultants to carry forward this planning project. The plan document was comprised of a plan and an appendix which contained information on the planning process that is intended to complement the plan itself. Duane Dvorak, Community Development Department Acting Director, gave a brief report on the Womens Bay Comprehensive plan. He said it was intended to be a policy guide to aid the future commissioners and Assembly in making planning and land use decisions. Mayor Selby opened the public hearing. The following spoke in support of Ordinance No. FY2007 -12: Mike Milligan Lonnie White Lisa Booch Requests received from speakers focused on incorporating the Womens Bay Comprehensive Plan into the KIB Comprehensive Plan by adoption of an ordinance. Kodiak Island Borough Assembly Guidelines March 15, 2007 Page 369 Speakers agreed the Womens Bay plan was a great document and thanked staff for doing a wonderful job. Assembly member Lynch agreed with the comments and complimented the details that went into the plan. Assembly member Branson was glad to see the neighborhood's input incorporated in the plan. Assembly member Abell recommended the Womens Bay plan be incorporated into the KIB Comprehensive plan. Assembly member Friend noted the Womens Bay plan was a phenomenal document and hoped it would serve as an example to the other communities. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Lynch BOROUGH MANAGER'S REPORT Manager Gifford noted the March legislative report from Borough Lobbyist Mark Hickey was in the Assembly's mail and was also available on the Borough webpage. The report included legislation being monitored such as education funding, school district cost factor, community dividend revenue sharing program, and funding for PERS/TRS. He noted Senator Stevens introduced Senate Bill 111 and KIB Resolution FY2007 -30 was drafted in support of this bill. He had a meeting with City Manager Linda Freed and Joe Sullivan regarding cod sector split/crab rationalization issues. It was suggested the Groundfish Rationalization Task Force meet and submit a recommendation to the Council and Assembly for discussion some time in May before the North Pacific Fishery Management Council convene its meetings. He submitted packets to the Assembly for the legislative reception and meetings in Juneau. In response to Assembly member Branson, he responded that Lobbyist Hickey was trying to set up a meeting with Mike Kelly and possibly John Bitney, Legislative Liaison in the Governor's Office. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby encouraged everyone to contact the legislators regarding revenue sharing noting he was disappointed that legislators were working with oil companies giving out $500 million and removing $48 million from the Governor's budget for revenue sharing that would benefit small communities in Alaska. UNFINISHED BUSINESS None. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2007 -35 Request for Proposal #2 Architectural and Engineering Services for Peterson Elementary School Seismic Upgrade, Ouzinkie School Voc- Ed Repair and Remodel, Ouzinkie School Seismic Upgrade, Old Harbor School Voc -Ed Gym Repair and Remodel and Larsen Bay Floor Repair. Kodiak Island Borough Assembly Guidelines March 15, 2007 Page 370 BRANSON moved to authorize the Manager to execute Contract No. FY2007 -35 to Jensen Yorba Lott of Juneau, Alaska for schematic design services for RFP #2 projects in the amount not to exceed $40,000, seconded by FRIEND. Manager Gifford reported the Architectural /Engineering Review Board (ARB), through an RFP process, had selected the firm of Jensen Yorba Lott, Inc. of Juneau, Alaska to perform the services specified in RFP #2. RFP #2 projects included the Peterson Elementary seismic upgrade, Ouzinkie School Voc -Ed repair and remodel, Ouzinkie School seismic upgrade, Old Harbor School Voc -Ed gym repair and remodel and Larsen Bay School floor repair. Funds are in place through voter approved Bonds for the school bond projects and grants have been accepted for the Ouzinkie School seismic upgrade. There is a pending grant application in to the State for the Peterson Elementary School seismic upgrade. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Lynch, Abell B. RESOLUTIONS 1. Resolution No. FY2007 -27 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. BRANSON moved to adopt Resolution No. FY2007 -27, seconded by FRIEND. Assistant Clerk Basuel reported the Borough Clerk and the Borough Attorney certified these records for destruction as having no legal or administrative value or historical interest. She noted that pre -1998 medical records from Providence hospital would also be destroyed and a detailed listing would be attached to this resolution. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Lynch, Abell, Branson 2. Resolution No. FY2007 -28 Accepting a State Grant in the Amount of $138,606 for the Seismic Upgrade to the East Elementary School Windows. FRIEND moved to adopt Resolution No. FY2007 -28, seconded by BRANSON. Manager Gifford reported this resolution accepts another Hazard Mitigation Grant for fiscal year 2007 from the State of Alaska Department of Military and Veterans Affairs Division of Homeland Security and Emergency Management in the amount of $138,606. These funds would pay for the seismic upgrade for the East Elementary School windows. Mayor Selby congratulated and thanked Staff for successfully securing grants for this type of project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Abell, Branson, Friend 3. Resolution No. FY2007 -29 Authorizing the Borough Manager to Sign a Memorandum of Agreement Transferring Funds and Obligation of Legislatively Approved Capital Projects and Grant Funds to Ouzinkie, Larsen Bay, and Port Lions. BRANSON moved to adopt Resolution No. FY2007 -29, seconded by LYNCH. Kodiak Island Borough Assembly Guidelines March 15, 2007 Page 371 Manager Gifford reported the Borough received a number of legislative grants in FY2007 as a result of approval of Capital Improvement Program requests made to the Alaska State Legislature. Among these projects were three grants for communities around the Island. These projects were: • Ouzinkie Dock Replacement - $570,000 • Port Lions Workshop Door Replacement - $10,000 • Larsen Bay Equipment - $75,000 The language in the grant required the accounting and auditing as well as design, construction, and purchasing services associated with the projects be performed by the Kodiak Island Borough. With the help of staff, the Borough Attorney, and the State Division of Commerce and Community Advocacy, a Memorandum of Agreement (MOA) was developed to transfer the responsibility and liability to the communities requesting the funding. It allows the community to manage and administer their own grant and removes the Borough from involvement in the communities' grant. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Lynch 4. Resolution No. FY2007 -30 Urging the Alaska State Legislature to Create the Kodiak Narrow Cape Public Use Area. ABELL moved to adopt Resolution No. FY2007 -30, seconded by BRANSON. Manager Gifford reported Senate Bill 111 proposed the establishment of a new public use area for the Narrow Cape area on Kodiak Island which was a very important public use and recreational area, used for a wide range of activities. This area is also subject to existing grazing leases and an interagency land management agreement with the Alaska Aerospace Development Corporation for the Kodiak Launch Complex. FRIEND moved to amend the second whereas, bullet 2 of the resolution to read "protect, maintain, perpetuate, and enhance public enjoyment and use of fish and wildlife and existing grazing rights." ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY.: Branson, Friend, Lynch, Abell ROLL CALL VOTE ON MOTION CARRIED AS AMENDED UNANIMOUSLY :: Friend, Lynch, Abell, Branson ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -13 Determining the Negotiation of a Sale at Fair Market Value of a Tax Foreclosed Property to the Federal Government. BRANSON moved to adopt Ordinance No. FY2007 -13 in first reading to advance to public hearing on April 19, 2007, seconded by ABELL. Manager Gifford reported the United States Fish and Wildlife Service (USFWS) have expressed an interest in purchasing a parcel of property located near Amook Bay. This property was foreclosed upon by the Borough for delinquent taxes. The P &Z Commission has reviewed the parcel as required by KIB code, held public hearings and has recommended that the property be declared surplus to "public need" and determined to be available for future land sale. This ordinance would authorize the manager to negotiate a sale of the property to USFWS for fair market value and bring back to the Assembly for final approval. Kodiak Island Borough Assembly Guidelines March 15, 2007 Page 372 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY :: Lynch, Abell, Branson, Friend 2. Ordinance No. FY2007-01F Amending Ordinance No. FY2007 -01 Fiscal Year 2007 Budget by Adjusting Three General Fund Revenue Accounts, Four General Fund Departments, Four Special Revenue Funds, and Two Capital Project Funds. FRIEND moved to adopt Ordinance No. FY2007-01F in first reading to advance to public hearing on April 19, 2007, seconded by BRANSON. Manager Gifford reported this ordinance amends the FY2007 budget to reflect the mid -year budget revisions to -date. The amendments included moving funds between various General Fund departments, amending budget to actual and other funds to reflect various grants and capital projects. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Lynch OTHER ITEMS 1. Confirmation of Mayoral Appointment to the Personnel Advisory Board. BRANSON moved to confirm the mayoral appointment of Susan Eoff to the Personnel Advisory Board for a term to expire December 2009, seconded by ABELL. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY.: Branson, Friend, Lynch, Abell CITIZENS' COMMENTS Clarence Selig congratulated Assembly and staff for the completion of the Womens Bay Comprehensive plan. He noted the need to leave the requirement of 10 -acre parcels in the Larsen Bay area and asked for tax relief consideration for those living in depressed rural areas. ASSEMBLY MEMBER COMMENTS Mayor Selby announced that he, members of the Assembly, and the Manager would be traveling to Juneau March 19 -23 to meet with Legislators and to attend the Joint Kodiak Island Borough /City of Kodiak Legislative Reception. The work session scheduled for Thursday, March 29, 2007 and regular meeting scheduled for Thursday, April 5, 2007 have been cancelled. The next Assembly work session was scheduled on Thursday, April 12 at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly was scheduled on Thursday, April 19 at 7:30 p.m. in the Borough Assembly Chambers. The Borough Offices would be closed on Monday, March 26 in observance of Seward's Day. Assembly member Friend congratulated Aaron Cooper. He thanked Mr. Bill Hinkle for the amount of work he invested in the BMX Park. Assembly member Abell reminded everyone that ComFish was going on. Assembly member Branson congratulated Aaron Cooper. She was glad to see the Borough moving forward with the different projects. Kodiak Island Borough Assembly Guidelines March 15, 2007 Page 373 Assembly member Lynch congratulated Aaron Cooper. She was glad to see the completion of the Womens Bay Comprehensive plan. She would like to see a compromise between the community and the Borough regarding the upcoming gravel leases. ADJOURNMENT BRANSON moved to adjourn the meeting, seconded by FRIEND ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Lynch, Abell, Branson The meeting adjourned at 9:14 p.m. Jer e M. Selb Approved: 04/19/2007 Kodiak Island Borough Assembly Guidelines March 15, 2007 Page 374