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08/21/2008 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting August 21, 2008 A regular meeting of the Kodiak Island Borough Assembly was held August 21, 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. Mayor Selby led the Pledge of Allegiance. 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, Finance Director Karl Short, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA JEFFREY moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATION None. CITIZENS' COMMENTS Ben Millstein spoke in support of Bell & Associates waste management plan. Jim Ashford spoke against the Kodiak High School proposition. COMMITTEE REPORTS Barry Altenhof, SWAB Chairperson, urged the Assembly to accept the recommendations from the Board. PUBLIC HEARING A. Ordinance No. FY2009 -05 Determining the Negotiation of a Sale at Fair Market Value of Tax Foreclosed Properties to the Federal Government. BRANSON moved to adopt Ordinance No. FY2009 -05. Certain real property has been deeded to the Borough through tax foreclosure proceedings pursuant to AS 29.45.290 for delinquent payment of taxes for 2006 and previous years. Planning and Zoning Commission reviewed the parcels as required by KIBC 18.10.030 in June 2008. These properties have been declared surplus to "public need" and determined to be available for future land sale. Kodiak Island Borough Assembly Minutes August 21, 2008 Page 583 The United States Fish and Wildlife Service (USFWS) expressed an interest in purchasing parcel T30S R28W TL 1811 ZACHAR BAY & T31 S R28W TL 2903 AMOOK BAY at fair market value from the borough. KIBC 18.20.100 (B) Disposal for fair market value allows the assembly and its agents to directly negotiate with the United States, the state of Alaska, or any political subdivision thereof upon a finding by the assembly that the disposal will allow the use of the land for a public purpose beneficial to the borough. The property was once part of the Kodiak National Wildlife Refuge (KNWR) and the reacquisition by USFWS will promote efficient management for public recreation, refuge for wildlife, and are consistent with the goals and objectives of the comprehensive plan. Mayor Selby opened the public hearing. Hearing and seeing none, Mayor Selby closed the public hearing. Assembly Member Oswalt would like to see these properties be made available to the public first before they are offered to the State. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Abell, Branson, Friend, and Lynch (Ayes), Jeffrey, Oswalt, and Stutes (Noes). B. Ordinance No. FY 2009 -01 B Amending Ordinance No. 2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. JEFFREY moved to adopt Ordinance No. FY2009 -01 B. This ordinance: • Increases the Child Care Assistance Program fund revenues and expenditures by $19,022 due to an increase in the child care grant from the State of Alaska; • Increases Kodiak Middle School Seismic Upgrade Project in Fund 410 by transferring $2,700,000 from the Kodiak Middle School Seismic Upgrade project in Fund 420; • Moves $1,010,118 from the Learning Center Renovation project (05017) to the Ouzinkie Gym Renovation project (04103); • Moves $143,751 from Learning Center Renovation project (05017) to the Peterson Seismic Upgrade Project (05023). Mayor Selby opened the public hearing. Hearing and seeing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Friend, Lynch, Oswalt, Stutes, and Abell. C. Ordinance FY2009 -06 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $115,300,000 to Finance the Planning, Design, and Construction of a New High School, the Renovation of a Portion of the Existing High School to Create an Administration Building, Demolition of the Existing Borough Building and Related Capital Improvements; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 7, 2008 Regular Borough Election. Kodiak Island Borough Assembly Minutes August 21, 2008 Page 584 ABELL moved to adopt Ordinance No. FY2009 -06. The Kodiak Island Borough would like to replace the Kodiak Island High School with a new building. Several reasons for this included skyrocketing maintenance and utility costs, building is being old and not very efficient, and currently is a "patchwork" of several different buildings that do not fit together. The needs of the students and the makeup of the student body have changed. When the high school was originally built, computers were not in use. Now they are in the mainstream of children's education. Designing and building a new high school will save a considerable amount of money on utility and maintenance costs. This will give the children a better education to help prepare them for their future. The Kodiak Island Borough wants to renovate part of the existing high school into administrative offices for the Borough, School District, and maybe the City of Kodiak. If these new administrative offices are constructed, the Borough Building can be demolished since it is an old and inefficient building. Stewart McDonald and Scott Williams gave a presentation regarding the proposed new High School. A substituted version of the ordinance detailing the project description and breakdown of costs was provided to the Assembly. FRIEND moved to amend Ordinance No. FY2009 -06 by substitution. ROLL CALL VOTE ON AMENDMENT CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. Mayor Selby opened the public hearing. The following spoke under public hearing: Robyn Cassidy, Mel Stephens, Jeff Stephan, Lisa Johnson, and Mike Milligan. Mayor Selby closed the public hearing. Assembly discussion ensued regarding moving forward with the Ordinance and presenting The Assembly members spoke in favor of the new Kodiak High School project and forwarding the ordinance to the voters in the October 2008 election. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, Branson, and Friend. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • FY2009 Legislative priority list, new pool, Middle School seismic upgrades, KHS library, Peterson Elementary seismic upgrades, Ouzinkie School Gym, and Community Health Clinic. • Senator Gary Stevens and Lobbyist Hickey will be attending the next work session. • Staff is working with appropriate agencies for the remediation of the KHS contaminated soil. Kodiak Island Borough Assembly Minutes August 21, 2008 Page 585 MESSAGES FROM THE BOROUGH MAYOR Mayor Selby commended the contractors and Borough staff in getting school projects in a timely manner. He was glad to see the Legislature pass the energy /fuel assistance. He encouraged everyone to contact the representatives to advocate for a more comprehensive program to help the entire state. He reminded everyone to go out and vote at the Primary Election next week. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions None. Ordinances for Introduction None. Other Items A. Acknowledging Receipt of the Solid Waste Advisory Board (SWAB) Recommendations from the Solid Waste Management Plan. FRIEND moved to acknowledge receipt of the Solid Waste Advisory Board's recommendation for the long term goals for the collection and disposal of Kodiak Island Borough's solid waste. The Solid Waste Advisory Board (SWAB) is the advisory board for the KIB Assembly and the Kodiak Island Borough for recommending solid waste policy and program directions. In accordance with KIBC 2.53.040 the SWAB has forwarded a recommendation to the Assembly for the Kodiak Island Borough's long term goals for the collection and disposal of solid waste. The recommendations are detailed in the Draft Solid Waste Management Plan and are as follows: i. Guiding Priorities & Principles Recommend Scenario B & C ii. Collection Recommend Scenario C iii. Handling & Transfer Recommend Scenario C iv. Waste Reduction & Recycling Recommend Scenario C v. Disposal Recommend Scenario C vi. Promotion & Education Recommend Scenario C* *Include recommendation for Public Relations /Education position vii. Organization & Administration Recommend Scenario C Assembly members commended the SWAB on its due diligence in working with Bell and Associates. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, Friend, and Jeffrey. Kodiak Island Borough Assembly Minutes August 21, 2008 Page 586 B. Accepting the Solid Waste Management Plan. JEFFREY moved to accept the Solid Waste Management Plan. In 2007 the Kodiak Island Borough entered into a professional services contract with Bell & Associates to evaluate and provide recommendations for solid waste collection and disposal along the road system in Kodiak. In June 2008, the draft solid waste management plan was received and reviewed by the Borough and Solid Waste Advisory Board. Recommendations were determined by the SWAB from this plan and forwarded on to the Assembly. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Branson, Friend, Jeffrey, and Lynch (Ayes); Oswalt, Stutes, and Abell (Noes.) C. Assembly Direction to Issue a Request for Proposal for Collection Services. FRIEND moved to direct staff to start the process of issuing an RFP for solid waste collection. The Solid Waste Advisory Board (SWAB) is the advisory board for the KIB Assembly and the Kodiak Island Borough for recommending solid waste policy and program directions. In accordance with KIBC2.53.040, the SWAB has forwarded a recommendation to the Assembly for the Kodiak Island Borough to proceed with issuing a Request for Proposal (RFP) for solid waste collection services. The Borough is currently in the first year optional extension with the existing collection contractor, Alaska Waste. OSWALT moved to amend the motion by changing the word "collection" to "system ". ROLL CALL VOTE ON AMENDED MOTION FAILED SIX TO ONE: Stutes, Abell, Branson, Friend, Jeffrey, and Lynch (Noes); Oswalt (Aye). FRIEND moved to amend the motion by adding the word "services" at the end of the motion. ROLL CALL VOTE ON AMENDED MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. ROLL CALL VOTE ON THE MOTION AS AMENDED CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. CITIZENS' COMMENTS Ed Mahoney was in support of the Assembly being a part of the RFP process. Barry Altenhof, SWAB Chairperson, reported that the Board is looking at cost - effective measures for recycling with other Coastal Communities. ASSEMBLY MEMBER COMMENTS Assembly member Stutes thanked the SWAB for all of its hard work. Assembly member Friend thanked the SWAB for its work, School Staff for the presentation, Brechan Enterprises and the other contractors for getting the projects done on time. Assembly member Abell expressed concern about not having new boilers for the new pool. He would like to see the Borough advocate for a vocational /technical school in Kodiak. Kodiak Island Borough Assembly Minutes August 21, 2008 Page 587 Assembly member Branson announced there will be a free Aging Connection Conference in Kodiak September 13 and 14. She travelled for the Alaska Commission on Aging to different villages. She reminded everyone to drive carefully especially at the school zones. Assembly member Jeffrey thanked the SWAB and the School District staff. She noted Senator Stevens was able to get $500,000 for the repair of Mission Road. Assembly member Oswalt appreciated the work progress on the pool and hoped the School District would venture into looking at solar energy for the facilities. Assembly member Lynch acknowledged the progress of the Solid Waste Management Plan. Announcements Mayor Selby announced the work session scheduled for August 28, 2008 and regular meeting scheduled for September 4, 2008 have been cancelled. The Assembly will meet in a work session on Thursday, September 11, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, September 18, 2008 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes and Abell. The meeting adjourned at 10:35 p.m. ATTEST: ✓IYX Nova M. Javier, CMS, Borough Clerk KODIAK ISLAND BOROUGH Approved: November 6, 2008 Kodiak Island Borough Assembly Minutes August 21, 2008 Page 588