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09/02/2004 RMA regular meeting of the Kodiak Island Borough Assembly was held September 2, 2004 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 Sargent Major David Blacketer of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Gabrielle LeDoux, Assemblymembers Tom Abell, Mike Anderson, Tuck Bonney, Pat Branson, Robin Heinrichs, Cecil Ranney, and Nancy Wells. Staff present were Manager Pat Carlson, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. KODIAK ISLAND BOROUGH Regular Assembly Meeting September 2, 2004 APPROVAL OF AGENDA HEINRICHS moved to approve the agenda, seconded by BRANSON VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS A. Fetal Alcohol Syndrome Awareness Month Mayor LeDoux proclaimed the month of September as "Fetal Alcohol Syndrome Awareness Month" to promote awareness of the effects of prenatal exposure to alcohol, to increase compassion for those individuals so affected, to minimize further effects, and to ensure healthier communities across Alaska. Assemblymember Wells accepted the proclamation and encourage everyone to educate themselves regarding. the effects of alcohol to pregnant women. B. Payroll Week Proclamation Mayor LeDoux proclaimed September 5 -11, 2004 as "Payroll Week" in honor of Kodiak Island Borough Accounting /Payroll Technician Sharon Kennedy and all the employees who work in the payroll profession. CITIZENS' COMMENTS Doug Letch, Kodiak Football League board member, thanked the Assembly for continuing to support the League and invited them to the game on Saturday. COMMITTEE REPORTS A. KIBSD General Obligation Bonds Power Norm Wooten, KIBSD Board of Education Obligation Bonds Power Point Presentation. Assemblymember Branson thanked Mr. Wooten Committee for their hard work. Assemblymember Heinrichs said the SWAMC Board discussed the returned uncashed checks from the mitigation distribution. He would provide more information soon. Kodiak Island Borough September 2, 2004 Point Presentation member, presented the General for the . presentation and the Bond Volume XXIX Page 77 In response to Assemblymember Branson, he said communities volunteered to give additional membership dues and SWAMC decided to put the idea to other communities. PUBLIC HEARING A. Ordinance No. FY2005 -04 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $6,210,000 to Finance the Planning, Design, and Construction of School and Related Capital Improvements, Including Without Limitation a New School Pool 6- Lane, 1 Diving Board; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 5, 2004 Regular Borough Election. HEINRICHS moved to adopt Ordinance No.•FY2005 -04, seconded by BRANSON BRANSON moved to amend Ordinance No. FY2005 -04 by substitution to renumber from Proposition No. 2 to Proposition No. 1, seconded by HEINRICHS ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Anderson, Bonney, Branson, Heinrichs, Ranney, Wells Manager Carlson said this would place before the voters at the next election the question of incurring debt to finance the construction of a new pool facility. The school district identified the area between the high school and Armory to build the facility with an estimated cost of $6,210,000. This would facilitate the recovery of the existing pool space for athletic programs relieving space for voc -ed programs which would minimize the bond cost of addressing needs at the high school. At Manager Carlson's request: BRANSON moved to amend Ordinance No. FY 2005- 04, under Section 3 by changing the words: "thirty percent (30 %)" to: "sixty percent (60 %) ", seconded by HEINRICHS ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Anderson, Bonney, Branson, Heinrichs, Ranney, Wells, Abell Mayor LeDoux opened the public hearing. Barbara Williams, thanked Norm Wooten for the presentation and Bob Tucker for his consideration in the bond committee process. Mayor LeDoux closed the public hearing. Assemblymember Branson said it was a great opportunity for the public to vote on a new pool with handicap access. She thanked the bond committee for their hard work. ROLL CALL VOTE ON MOTION TO ADOPT AS AMENDED CARRIED UNANIMOUSLY: Bonney, Branson, Heinrichs, Ranney, Wells, Abell, Anderson B. Ordinance No. FY2005 -05 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $4,190,000 to Finance the Planning, Design, and Construction of School and Related Capital Improvements, Including Without Limitation the Kodiak High School Voc Ed /Classroom Reclamation; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 5, 2004 Regular Borough Election. Kodiak Island Borough September 2, 2004 Volume XXIX Page 78 HEINRICHS moved to adopt Ordinance No. FY2005 -05, seconded by BRANSON WELLS moved to amend Ordinance. No. FY2005 -05 by substitution to renumber from Proposition No. 3 to Proposition No. 2 , seconded by HEINRICHS ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Heinrichs, Ranney, Wells, Abell, Anderson, Bonney Manager Carlson said this would place before the voters at the next election the question of incurring debt to finance the remodel of the high school to increase the amount of voc ed classroom space. The school district estimated the cost to be $4,190,000 and identified two design scenarios based on whether or not the pool bond was approved. At Manager Carlson's request: BRANSON moved to amend Ordinance No. FY 2005- 05, under Section 3 by changing the words: "thirty percent (30 %)" to: "sixty percent (60 %) ", seconded by HEINRICHS ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Heinrichs, Ranney, Wells, Abell, Anderson, Bonney, Branson Mayor LeDoux opened the public hearing; seeing and hearing none, she reconvened the regular meeting. ROLL CALL VOTE ON MOTION TO ADOPT AS AMENDED CARRIED UNANIMOUSLY: Ranney, Wells, Abell, Anderson, Bonney, Branson, Heinrichs C. Ordinance No. FY2005 -06 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $2,805,000 to Finance the Planning, Design, and Construction of School and Related Capital Improvements, Including Without Limitation the North Star Elementary Addition (6 Classrooms); and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 5, 2004 Regular Borough Election. WELLS moved to adopt Ordinance No. FY2005 -06, seconded by BRANSON BRANSON moved to amend Ordinance No. FY2005 -06 by substitution to renumber from Proposition No. 4 to Proposition No. 3, seconded by HEINRICHS ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Wells, Abell, Anderson, Bonney, Branson, Heinrichs, Ranney Manager Carlson said this would place before the voters at the next election the question of incurring debt to finance the addition of six new classroom at North Star Elementary School. This would facilitate future student growth increased use of the facility as an evacuation center for the north end of Kodiak. The school district estimated the cost to be $2,805,000. At Manager Carlson's request: BRANSON moved to amend Ordinance No. FY 2005- 06, under Section 3 by changing the words thirty percent (30 %) to sixty percent (60 %), seconded by HEINRICHS ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Anderson, Bonney, Branson, Heinrichs, Ranney, Wells Kodiak Island Borough September 2, 2004 Volume XXIX Page 79 Mayor LeDoux opened the public hearing. Scott Arndt said it was poor management to bond for 20 years. He was concerned about the maintenance costs of the new buildings Mayor LeDoux closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON MOTION TO ADOPT AS AMENDED CARRIED UNANIMOUSLY: Anderson, Bonney, Branson, Heinrichs, Ranney, Wells, Abell After an 8- minute recess; Mayor LeDoux reconvened the meeting at 8:43 p.m. BOROUGH MANAGER'S REPORT Manager Carlson had submitted his written manager's report and a report regarding Block 3, Tract A of Bells Flats Subdivision in the Assembly's mail. Assemblymember Branson thanked Manager Carlson for his written report. MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux thanked Norm Wooten and the Bond Committee. UNFINISHED BUSINESS - None. NEW BUSINESS A. CONTRACTS - None. B. RESOLUTIONS 1. Resolution No. FY2005 -04 Requesting That per the Requirements of the National Environmental Policy Act (NEPA), the Department of Natural Resources (DNR) Shall Require a Third Party Supplemental Environmental Impact Statement (SEIS) Addressing the Current Land Use Authority Request by Alaska Aerospace Development Corporation (AADC) for Management Authority Over an Additional 14,048 Acres of State Lands Around the Kodiak Launch Complex (KLC) at Narrow Cape Area. WELLS moved to adopt Resolution No. FY 2005 -04, seconded by ABELL Manager Carlson said it was appropriate for the Assembly to request that DNR complete a third party Supplement EIS and delay further review of AADC's current management authority request until a third party SEIS was prepared and reviewed by the appropriate entities and the public. Assemblymember Wells wanted a rational approach taken to address community concern. Assemblymember Anderson said the SEIS would address the concern. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Branson, Heinrichs, Ranney, Wells, Abell, Anderson C. ORDINANCES FOR INTRODUCTION - None. Kodiak Island Borough September 2, 2004 Volume XXIX Page 80 D. OTHER ITEMS 1. Purchase of a Skid Steer Loader for Baler /Landfill Operations. HEINRICHS moved to approve the purchase of a Case60XT Skid Steer Loader from Yukon Equipment in an amount not to exceed $37,000, seconded by BRANSON Manager Carlson noted the attached memo from staff addressed adequately the previous questions of the Assembly. Assemblymember Anderson was familiar with heavy equipment and said the old, similar equipment at the landfill held up very well. Assemblymember Abell thanked Manager Carlson and felt this was the best choice. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Heinrichs, Ranney, Wells, Abell, Anderson, Bonney 2. Appointment to Board Seat on the Providence Kodiak Island Service Area Community Board. BRANSON moved to voice non - objection to the appointment of Mr. Ron Acarrequi to the board seat on the Providence Kodiak Island Service Area Community Board to expire December 2004, seconded by HEINRICHS VOICE VOTE ON MOTION CARRIED UNANIMOUSLY: Heinrichs, Ranney, Wells, Abell, Anderson, Bonney, Branson 3. Confirmation of Mayoral Appointment to the Parks and Recreation Committee for a term to Expire December 2005. BONNEY moved to confirm the mayoral appointment of Kevin Foster to a seat on the Parks and Recreation Committee for a term to expire December 2005, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Wells, Abell, Anderson, Bonney, Branson, Heinrichs CITIZEN COMMENTS - None. ASSEMBLYMEMBER COMMENTS Assemblymember Branson congratulated Mayor LeDoux for winning the primary election. She served as a crossing guard with the senior citizens and suggested that other Assemblymembers may want to participate. Assemblymember Heinrichs said Doug Mathers was an excellent example of volunteerism in the community and thanked him for his 20 years of service at Bayside Volunteer Fire Department. He said Dr. Zimmer would take a break from his career to volunteer his service abroad. He wished him well. Assemblymember Bonney requested a copy of the letter that Manager Carlson would draft in response to DEC regarding landfill issues. He was concerned about the liabilities and would like to see those taken care of. Assemblymember Anderson wanted the Borough find alternative sources other than raising taxes. He visited the landfill and suggested that other Assemblymembers might want to check the current situation at the landfill. Kodiak Island Borough September 2, 2004 Volume XXIX Page 81 Assemblymember Wells reminded everyone to slow down for children walking to school. She said the Health Fair would be held on Saturday, September 11 in the High School commons. Assemblymember Abell thanked Manager Carlson for his written report. In response to Scott Arndt's comments, he said everyone should educate themselves on the current status of Borough' buildings to have an educated vote. He said visiting the landfill was a good idea. Assemblymember Ranney said there were many activities scheduled this weekend and hoped for continued great weather. Mayor LeDoux announced the Assembly would meet in a work session on Thursday, September 9 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, September 16 at 7:30 p.m. in the assembly chambers. The Borough Offices would be closed on Monday, September 6 in observance of Labor Day. EXECUTIVE SESSION BONNEY moved to convene into executive session to discuss Confidential Attorney - Client Communications Made for the Purpose of Facilitating the Rendition of Professional Legal Services to the Borough, seconded by WELLS ROLL CALL VOTE ON MOTION: Wells, Abell, Anderson, bonney, Branson, Heinrichs, Ranney After the vote, Mayor LeDoux asks Manager Carlson, the Borough Attorney, and the Borough Clerk's Office Staff to join in executive session and recessed the regular meeting. Upon returning from the executive session, Mayor LeDoux reconvened the regular meeting and announced that no action would be taken as a result of the executive session. ADJOURNMENT With no objection, Mayor LeDoux adjourned the meeting at 9:50 p.m. ATTEST: A. Confidential Attorney - Client Communications Made for the Purpose of Facilitating the Rendition of Professional Legal Services to the Borough. / t Tuck Bonney, Deputy Mayor dith A. Niels1n CMC, Borough Clerk Approved: 10/21/2004 Kodiak Island Borough September 2, 2004 Volume XXIX Page 82