05/01/2008 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held May 1, 2008 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 John Quinn of the Salvation Army.
Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend,
Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were
Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland.
APPROVAL OF AGENDA AND CONSENT AGENDA
ABELL moved to approve the agenda and consent agenda.
BRANSON moved to amend the agenda by adding Item 13.D.1 — Assembly Appointment to the
Citizens Board of Equalization.
ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY: Abell,
Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes.
VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA AS
AMENDED CARRIED UNANIMOUSLY.
The following were approved under consent agenda:
• Approval of Special Meeting minutes of January 3, 2008 and Regular Meeting minutes of
April 3, 2008.
• Resolution No. FY2008 -32 Adopting to Participate in the AMLJIA Loss Control Incentive
Program.
AWARDS AND PRESENTATIONS
KODIAK ISLAND BOROUGH
Assembly Regular Meeting
May 1, 2008
Mayor Selby proclaimed the week of May 4 Through May 10, 2008 as Municipal Clerk's Week
and extending appreciation to municipal clerks for the vital services they perform.
Mayor Selby proclaimed the Week of May 18 Through May 24, 2008 as Emergency Medical
Services Week with the theme "Extraordinary People and Extraordinary Service" encouraging
the community to observe this week with appropriate programs, ceremonies, and activities.
Mayor Selby proclaimed the Month of May 2008 as Older Americans Month in Alaska, urging all
citizens to honor older adults, and those who care for them.
Mayor Selby proclaimed the first week of May as Awakening Bear Week in Kodiak, urging all
citizens to acknowledge the challenges the Alutiiq people continue to face, and recognizing the
significance of the annual Esgarlluku Taquka'aq — Awakening Bear Spring Event and the
contributions of the Alutiiq people island wide.
Mayor Selby presented the April Student of the Month Award to Ben Hoy, a sophomore at Old
Harbor School.
Kodiak Island Borough Assembly Minutes
May 1, 2008 Page 540
CITIZENS' COMMENTS
Judy Carstens, Elizabeth Spivey, and Jacqueline Garchitorena representing the Girl Scouts
thanked the Assembly for its support and contribution.
Heather Wheeler thanked Assembly member Lynch and reminded the Service Area Board to
include her road in the grading in the Bells Flats area.
Scott Arndt commented on the extension of the Solid Waste contract for one year.
COMMITTEE REPORTS
Assembly member Jeffrey reported on the Kodiak Fisheries Advisory Committee meeting.
PUBLIC HEARING — None.
BOROUGH MANAGER'S REPORT
Manager Gifford reported on the following:
• Community Clean -up Day on May 3, 2008 and encouraged participation. Borough will be
collecting household hazardous waste.
• Overview of passed legislation based on Lobbyist Hickey's April 2008 Legislative Report.
• Projects that the Borough will be working on this summer such as KMS seismic upgrade
Phase II, KHS Library Seismic Upgrade, KHS Gym Seismic Upgrade, and KHS /KMS
Complex Roof Upgrade.
• Memorandum of Agreement with the State of Alaska Department of Transportation has
been signed to begin construction on portion of trails /paths to North Star school.
• P &Z Committee and staff will be travelling May 9 and 10 to Larsen Bay to discuss
comprehensive plan and zoning issues.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Selby reported on the following:
• Thanked Representative LeDoux and Senator Stevens for their accomplishments during
the legislative session.
• KIBSD would be receiving an additional $100 each year per student for the next four
years.
• School debt service received an extension of four years.
• $4.2 million was funded in the ferry system for Kennicott service to Kodiak Island.
UNFINISHED BUSINESS
A. Ordinance No. FY2008 -09 Amending Kodiak Island Borough Code Of Ordinances Title 2
Administration And Personnel, Chapter 2.17 Rules Of The Assembly, Section 2.17.020
General Rules To Allow Attendance And Participation At Meetings By Members Of The
Assembly By Teleconference.
The motion before the Assembly on November 15, 2007 was to adopt Ordinance No. FY2008-
09.
ABELL moved to postpone Ordinance No. FY2008 -09 indefinitely.
Kodiak Island Borough Assembly Minutes
May 1, 2008 Page 541
This Ordinance was requested by Assembly Member Oswalt. It was postponed from the
November 2007 meeting to April 2008. After research on the current sound system and the
telephone hybrid it has been determined that teleconferencing should become a part of the new
system and additional research regarding the technology and costs was needed.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Friend, Jeffrey, Lynch, Stutes, and
Abell (Ayes); Branson and Oswalt (Nos).
NEW BUSINESS
Contracts
A. Contract No. FY2006 -39B Amending Contract No. FY2006 -39 Solid Waste Collection With
Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste.
BRANSON moved to authorize the Manager to execute Contract No. FY2006 -39B with Alaska
Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste of Anchorage, AK.
The Kodiak Island Borough provides solid waste collection services for residents located on the
road system in Kodiak. A new solid waste collection contract was entered into with Alaska
Pacific Environmental Services Anchorage, LLC dba Alaska Waste on July 1, 2006. The
contract provides for extending the term of the agreement in two (2) one -year increments. This
proposal extends the contract term to June 30, 2009. Amendment No. 2 for this contract reflects
a negotiation with AK Waste to reduce the Year One Option by $75,000 so the expected
increase will be approximately $355,000. Amendment No. 2 also establishes solid waste
deliveries to the landfill on Sundays.
STUTES moved to postpone the execution of Contract No. FY2006 -39B with Alaska Pacific
Environmental Services of Anchorage, LLC, dba Alaska Waste of Anchorage, AK.
ROLL CALL VOTE ON MOTION TO POSTPONE FAILED UNANIMOUSLY: Friend, Jeffrey,
Lynch, Oswalt, Stutes, Abell, and Branson.
ABELL moved to amend Contract No. FY2006 -39B for an extension of two years.
ROLL CALL VOTE ON MOTION FAILED FIVE TO TWO: Jeffrey, Lynch, Oswalt, Branson, and
Friend (Nos); Stutes and Abell (Ayes).
ABELL moved to postpone Contract No. FY2006 -39B to the June 5 meeting.
ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FIVE TO TWO: Lynch, Oswalt,
Branson, Friend, and Jeffrey (Nos); Stutes and Abell (Ayes).
ROLL CALL VOTE ON MAIN MOTION CARRIED SIX TO ONE: Jeffrey, Lynch, Oswalt, Abell,
Branson, and Friend (Ayes); Stutes (No).
Resolutions
A. Resolution No. FY2008 -32 Adopting to Participate in the AMLJIA Loss Control Incentive
Program. Approved under the consent agenda.
B. Resolution No. FY2008 -33 Concluding the Lawsuit Stephens Vs. Kodiak Island Borough, Et
Al, Alaska Superior Court Case No. 3K0 -07 -266 Cl.
ABELL moved to adopt Resolution No. FY2008 -33.
Kodiak Island Borough Assembly Minutes
May 1, 2008 Page 542
Manager Gifford reported that this resolution was submitted by Assembly member Abell in
response to the final judgment of the Stephens vs. Kodiak Island Borough litigation.
ROLL CALL VOTE ON MOTION TO ADOPT FAILED FOUR TO THREE: Branson, Friend,
Jeffrey, Lynch (Nos); Oswalt, Stutes, and Abell (Ayes).
C. Resolution No. FY2008 -34 Paying the Legal Fees Incurred by Defendants Kodiak Island
Borough, Kodiak Island Borough Assembly, Assembly Members Tom Abell, Pat Branson,
Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes, and Mayor Jerome
Selby, Each in His or Her official Capacity, in the Lawsuit Stephens Vs. Kodiak Island
Borough, Et Al, Alaska Superior Court Case No. 3K0 -07 -266 Cl.
ABELL moved to adopt Resolution No. FY2008 -34.
This resolution was also requested by Assembly member Abell for payment of all legal fees
regarding the lawsuit Stephens vs. KIB.
ROLL CALL VOTE ON MOTION TO ADOPT CARRIED FIVE TO TWO: Stutes, Abell, Branson,
Friend, and Oswalt (Ayes); Jeffrey and Lynch (Noes).
Ordinances for Introduction — None.
Other Items
A. Assembly Appointment to the Citizens Board of Equalization.
OSWALT moved to appoint Cheryl Boehland to the alternate seat on the Board of Equalization
for a term to expire December 31, 2010.
This seat was vacated by Ms. Cassandra Juenger on March 20, 2008. The Clerk's Office
started advertising this seat on March 21. Clerk's office received an application April 30, 2008
from Ms. Cheryl Boehland.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey,
Lynch, Oswalt, and Stutes.
CITIZENS' COMMENTS
Ed Mahoney complimented the Assembly for adopting Resolution FY2008 -34. He followed -up
on a records request he had submitted.
ASSEMBLY MEMBER COMMENTS
Assembly member Lynch commended the Clerk's Office for a job well done. She congratulated
Ben Hoy, Student of the Month.
Assembly member Stutes commended and thanked the clerks for their good job. She also
thanked Emil Norton for his representation of the older people of Kodiak, congratulated Ben Hoy
as Student of the Month, and thanked the Girls Scouts for their report and the cookies.
Assembly member Oswalt reported that he was looking forward to the A to Z study from Bell
and Associates.
Kodiak Island Borough Assembly Minutes
May 1, 2008 Page 543
Assembly member Friend congratulated the clerks. He reported that the Governor put $300
million in energy assistance for a variety of programs; snow was the forecast for the clean -up
weekend; and asked the Manager about the funding specifics for the ADF &G building.
Assembly member Jeffrey commented that she was glad that the legal issues were behind the
Assembly; she complimented the clerks for a job well done; congratulated Student of the Month
Ben Hoy; and congratulated the Girl Scouts for their contributions.
Assembly member Abell congratulated the Clerk's Office; supported full funding of the school
district's budget request; and recognized the elders in the community. He sent his condolences
to the Horn family.
Assembly member Branson congratulated the Clerk's Office on their hard work individually. She
congratulated Ben Hoy as Student of the Month and she stated that she was looking forward to
seeing the school budget. She also commented that she does not support teleconferencing but
supports public access to the Assembly.
The Assembly will meet in a special work session on Tuesday, May 6 at 7:30 p.m. in the
Assembly Chambers and a regular work session on Thursday, May 8, 2008 at 7:30 p.m. in the
Borough Conference Room. The next regular meeting is scheduled on Thursday, May 15, 2008
at 7:30 p.m. in the Assembly Chambers.
ADJOURNMENT
FRIEND moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch,
Oswalt, Stutes, and Abell.
The meeting adjourned at 10:05 p.m.
ATTEST:
Nova M. Javier, CMC, Borough Clerk
r
Kodiak Island Borough
May 1, 2008
KODIAK ISLAND BOROUGH
41
Jerome M. Selby, i1: yor
Approved: June 5, 2008
Assembly Minutes
Page 544