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12/20/2007 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held December 20, 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. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Chris Lynch, and Reed Oswalt. One Assembly seat was vacant. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Assistant Clerk Jessica Kepley. Assembly member Stutes was out on personal leave. BRANSON moved to excuse Assembly member Stutes, seconded by FRIEND. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda, seconded by FRIEND. VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA CARRIED UNANIMOUSLY. The following items were approved under consent agenda: • Regular Meetings of September 20, October 4, October 18, and November 1, 2007. • Special Meetings of September 27, November 20, and November 29, 2007. • Resolution No. FY2008 -21 Certifying the FY2008 Shared Fisheries Business Tax Program Application to Be True and Correct. AWARDS AND PRESENTATIONS A. Student of the Month KODIAK ISLAND BOROUGH Regular Assembly Meeting December 20, 2007 Mayor Selby presented the Student of the Month award for December to Brianna Gibbs, a senior at the Kodiak High School. CITIZENS' COMMENTS George Griffinq urged the Assembly to move forward with the pool contract. He asked the Assembly to reappoint Sue Jeffrey to the Assembly. Jay Johnston urged the Assembly to approve the pool contract. COMMITTEE REPORTS None. PUBLIC HEARING A. Ordinance No. 2008-01B Amending Ordinance No. 2008 -01 Fiscal Year 2008 Budget By Moving Funds Between Various General Fund Departments, Amending Budget to Actual Expenditures, and Budgeting for Several Grants. Kodiak Island Borough Assembly Minutes December 20, 2007 Page 498 OSWALT moved to adopt Ordinance No. FY2008-01B, seconded by BRANSON. Manager Gifford reported on the amendments reflected in the ordinance. Mayor Selby opened the public hearing. Hearing and seeing none, he closed the public hearing. Manager Gifford reported there were grants that needed to be included in the ordinance. A substituted version was provided to the Assembly members in their packets and copies were made available to the public. FRIEND moved to amend Ordinance No. 2008 -01 by substitution, seconded by OSWALT. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Branson, Friend, Lynch, and Oswalt. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Branson, Friend, Lynch, Oswalt, and Abell. BOROUGH MANAGER'S REPORT Manager Gifford reported KIB achieved gold status in loss control for keeping losses to less than ten percent of premium during Fiscal Year 2006. This "Loss Control Award" was given by AML /JIA. He gave an update on the High School soil contamination, DEC approved the back filling of holes. President Bush declared December 24 a federal holiday. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby extended his condolences to those who have lost their loved ones. He wished everyone a Merry Christmas and Prosperous New Year. UNFINISHED BUSINESS A. Reconsideration of Ordinance No. FY2008 -11 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.16 Borough Assembly Section 2.16.060 Declaring and Filling Vacancies, and Chapter 2.17 Rules of the Assembly Section 2.17.070C Ordinances, Resolutions, and Motions. This was postponed from November 15 regular meeting. The motion before the Assembly was to adopt Ordinance No. FY2008 -08. In your packet was a substituted version with proposed amendments and copies are made available to the public. Clerk's note: Actions taken on this ordinance were invalidated because of procedural error. Ordinance No. FY2008 -12 was introduced on December 27, 2008 and adopted on January 11, 2008. NEW BUSINESS A. Contracts 1. Contract No. FY2008 -18 for the Construction of a New Swimming Pool. BRANSON moved to authorize the manager to execute Contract No. FY2008 -18 with Jannsen Contracting Inc. in an amount not to exceed $11,683,895, seconded by ABELL. Kodiak Island Borough Assembly Minutes December 20, 2007 Page 499 Manager Gifford reported this contract was for the construction of a new swimming pool which was funded by two voter approved Bonds in the amount of $14,210,000. The E/F Department has reviewed the bids and checked contractor references. Staff evaluated the alternate bid amounts and recommended that the contract be awarded to Janssen Contracting, Inc. in an amount not to exceed $11,683,895.00. This included the base bid and alternates 2, 4 and 6. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Lynch, and Oswalt. 2. Contract No. FY2008 -19 for Shot Rock Development — Landfill Cover. Assembly member Lynch declared a conflict of interest since she will be the inspector for this project. Mayor Selby excused Assembly member Lynch from voting. OSWALT moved to authorize the manager to execute Contract No. FY2008 -19 with Brechan Enterprises, Inc. of Kodiak, AK in the amount not to exceed $127,900 for the period of December 20, 2007 through February 15, 2008, seconded by FRIEND. Manager Gifford reported the landfill was required to cover municipal waste daily with a minimum of 6 inches of cover, which consists of shot rock. This shot rock will be generated on site and will be adjacent to the shot rock project constructed in 2005 which provided for some of the clearing needed in the area for this project. This rock project was expected to provide cover for at least two years or more as well as help maintain landfill roadways. Three firms responded to the RFP for the shot rock development. Bids were as follows: Brechan Enterprises, Inc. $127,900 Anderson Construction Company, LLC $128,525 Twin Peaks Construction $361,000 Staff reviewed each proposal and it was recommended that Brechan Enterprises, Inc. be awarded this contract for $127,900. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Oswalt, and Abell. 3. Contract No. FY2008 -20 for Telecommunication Services for the Kodiak Island Borough. FRIEND moved to authorize the manager to execute Contract No. FY2008 -20 for telecommunications services for the Kodiak Island Borough, seconded by BRANSON. Manager Gifford reported the MIS Department issued a request for proposal for telecommunication services. This proposal had six components and proposers were allowed to propose on any or all of the components. The six components included in the RFP are: 1.) Local telephone service 2.) Long distance telephone service 3.) Remote data connections 4.) Internet connection 5.) Cellular phone service 6.) Replacement or upgrade of the Borough telephone system, which was 10 years old and was no longer supported by the manufacturer. Kodiak Island Borough Assembly Minutes December 20, 2007 Page 500 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Lynch, Oswalt, Abell, and Branson. B. Resolutions 1. Resolution No. FY2008 -20 Adopting a 2008 Rural Communities State Legislative Capital Improvement Projects Priority List. BRANSON moved to adopt Resolution No. FY2008 -20, seconded by OSWALT. Manager Gifford reported this list comprised of projects that have been identified and prioritized by each community and forwarded to the Kodiak Island Borough by resolution for inclusion into a 2008 State Legislative Capital Improvement Projects Priority list to be sent to the governor and the state legislative delegation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Abell, Branson, and Friend. 2. Resolution No. FY2008 -03B Amending Resolution No. FY2008 -03 to Appoint an Additional Member to the Kodiak Fisheries Advisory Committee (KFAC.) FRIEND moved to adopt Resolution No. FY2008 -03B, seconded by BRANSON. Manager Gifford reported this resolution amended Resolution No. FY2008 -03 to officially appoint Mr. Dan Clarion as the Kodiak Rural Communities Representative to the KFAC. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Abell, Branson, Friend, and Lynch. C. Ordinances for Introduction — None. D. Other Items 1. Acknowledging Receipt of the 2005 Gravel Task Force Final Report Presented November 21, 2007. ABELL moved to acknowledge receipt of the 2005 Gravel Task Force Final Report, seconded by OSWALT. Manager Gifford reported the Gravel Task Force was created May of 2005 and tasked to perform a number of investigations. The Task Force submitted its final report (filed in the Assembly packet.) Mayor Selby thanked board members for their involvement in the task force. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Lynch, and Oswalt. CITIZENS' COMMENTS None. Kodiak Island Borough Assembly Minutes December 20, 2007 Page 501 ASSEMBLY MEMBER COMMENTS Assembly member Oswalt congratulated Brianna Gibbs and wished everyone a Merry Christmas. He requested an update regarding St. Innocent's Academy at the next meeting. Assembly member Abell was glad to see the pool contract approved. He wished everyone Happy Holidays. Assembly member Branson congratulated Brianna Gibbs and wished everyone Happy Holidays and best of the New Year. Assembly member Lynch congratulated Brianna Gibbs and thanked all the members of the Gravel Task Force. She was glad to see the pool contract approved. Announcements Mayor Selby announced the Assembly will hold a work session and a special meeting on Thursday, December 27, 2007 at 7:30 p.m. in the Borough Conference Room. The regular meeting scheduled on Thursday, January 3 has been cancelled. The Assembly will hold a Strategic Planning meeting on Saturday, January 5 at the Kodiak Fisheries Research Center starting at 9 a.m. Anyone who was interested in applying for the Assembly vacated seat may do so until Monday, December 24 by dropping applications in the Borough drop box. The Borough offices will be closed on Monday, December 24 and Tuesday, December 25 in observance of the Christmas Holiday. ADJOURNMENT OSWALT moved to adjourn the meeting, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Lynch, Oswalt, and Abell. Mayor Selby adjourned the meeting at 8:15 p.m. ATTEST* Kodiak Island Borough December 20, 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Approved: February 21, 2008 Assembly Minutes Page 502