04/07/05 RMKODIAK ISLAND BOROUGH
Regular Assembly Meeting
April 7, 2005
A regular meeting of the Kodiak Island Borough Assembly was held April 7,
2005 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, Assemblymembers Tom Abell, Mike Anderson,
Tuck Bonney, Pat Branson, Cecil Ranney, and Barbara Williams. Staff present
were Interim Manager Nancy Galstad, Clerk Judi Nielsen, and Deputy Clerk Nova
Javier.
BRANSON moved to excuse Assemblymember Nancy Wells, seconded by BONNEY
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
BONNEY moved to approve the agenda, seconded by BRANSON
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
A. Kodiak Island Borough Assembly Regular Meeting of February 17, 2005.
BRANSON moved to approve the minutes as submitted, seconded by WILLIAMS
VOICE VOTE ON MOTION TO APPROVE CARRIED UNANIMOUSLY
AWARDS AND PRESENTATIONS
A. Proclamations - Mayor Selby
Mayor Selby proclaimed April 2005 as "Child Abuse Prevention Month" calling
upon all citizens to increase their participation in the efforts to prevent
child abuse, thereby strengthening the communities in which we live.
Mayor Selby proclaimed April 2005 as "Sexual Assault Awareness Month"
encouraging all Alaskans to support local activities and programs which
assist victims to learn more about the pervasiveness of sexual assault so we
may eliminate this heinous crime.
Aksana Mather, with the Kodiak Womens Resource and Crisis Center accepted the
proclamations and thanked the Mayor and Assembly for their continued support.
CITIZENS' COMMENTS
Iver Malutin spoke in support of Resolution No. FY2005 -21 and noted the
importance of keeping the local resources available to the community.
Alexis Kwachka spoke in opposition to Resolution No. FY2005 -22.
Scott Greenstreet, Laidlaw Education Services Branch Manager, said his letter
to the Assembly regarding waste collection was a result of his research of
the code and not meant to be derogatory in any way.
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April 7, 2005 Page 144
Kip Thomet spoke against Resolution No. FY2005 -22.
Bruce Schactler said Resolution No. FY2005 -22 had no community benefit.
Andy Lundquist phoned in opposition of Resolution No. FY2005 -22.
Terry Haines said the people who signed the petition were not informed.
Donna Jones said the cannery workers who signed the petition were misled.
Julie Kavanaugh said the Assembly should address the Board of Fish or the
North Pacific Fisheries Management Council regarding fishery issues and not
the legislature. She urged the Assembly to remain neutral.
Virginia Adams asked the Assembly to fail Resolution No. FY2005 -22.
Oliver Holm opposed Resolution No. Fy2005 -22.
Suzanne Payne phoned to ask the Assembly to fail Resolution No. FY2005 -22 and
to send an Assemblymember to the Sea Grant Conference.
COMMITTEE REPORTS
Assemblymember Ranney reported the KIB School District Budget Review
Committee would meet the last time to conclude their budget discussions.
Assemblymember Anderson said the Gateway Communities seminar was beneficial
and focused primarily on the economic growth of the community.
Assemblymember Branson attended the Providence Kodiak Island Medical Center
planning committee meeting conducted by Dennis McMillan relating to a medical
campus in our community. She said the report would be forthcoming.
PUBLIC HEARING
A. Confirmation of Trinity Islands Paving District Assessment Roll.
BONNEY moved to confirm the Trinity Islands Paving District Assessment roll,
BRANSON
Manager Galstad said this allowed property owners to object by presenting
evidence of errors or inequalities in the assessment roll.
Mayor Selby opened the public hearing.
Dennis Dupras said it was inequitable to charge $1865.00 for a culvert.
Mayor Selby said that was not associated with this public hearing and
suggested he speak with the Engineering and Facilities Department Director.
Mayor Selby closed the public hearing and reconvened the regular meeting.
Assemblymember Anderson spoke of his involvement with the property and the
events leading to the paving. He asked the Assembly to postpone this as he
did not use the paved road for access yet he was assessed $14,523.
Clerk Nielsen raised a point of order that the public hearing was closed and
suggested that Assemblymember Anderson was speaking as a citizen and not as
an Assemblymember. She thought he might want to declare a conflict of
interest due to substantial financial impact.
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April 7, 2005 Page 145
Assemblymember Anderson declared a conflict of interest and Mayor Selby
concurred.
ABELL moved to postpone the confirmation of the assessment roll to April 21,
2005, seconded by BONNEY
ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Abell, Bonney, Ranney, Williams
(Ayes); Branson (No)
BOROUGH MANAGER'S REPORT
Manager Galstad said she hired Mary Ogle as the new Community Development
Department Director and the Assessor position would be filled the middle of
April. She was glad to see Assemblymember Ranney's letter regarding tax
relief from oil revenues and urged everyone to contact the legislators. She
said the KIB budget discussion would begin April 14.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Selby said that during House Resources committee hearings on HB 130,
several parcels of land were removed that had generated public opposition,
including the Kodiak Launch Complex (KLC) facility . He said the reduction
was significant and appreciated the follow through from the committee.
UNFINISHED BUSINESS - None
NEW BUSINESS
CONTRACTS
1. Contract No. 98 -48B Amending Contract No. 98 -48A by Extending the Term
of the Contract.
WILLIAMS moved to amend Contract No. 98 -48A by extending the term of the
contract to December 31, 2006, seconded by ABELL
Manager Galstad said this extended existing contract with Alaska Pacific
Environmental for 18 months.
BONNEY moved to amend the date to June 30, 2006, seconded by WILLIAMS
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Anderson, Bonney,
Branson, Ranney, Williams, Abell
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED FIVE TO ONE: Bonney, Branson,
Ranney, Williams, Anderson (Ayes); Abell (No)
RESOLUTIONS
1. Resolution No. FY2005 -21 Urging the Alaska State Legislature to Designate
the State Owned Land on Narrow Cape as a Permanent Public Use
Administered by the Department of Natural Resources and to Ensure That,
if the State of Alaska Decides to Sell the Property, the Kodiak Island
Borough be Granted the "Right of First Refusal."
BRANSON moved to adopt Resolution No. FY2005 -21, seconded by WILLIAMS
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April 7, 2005 Page 146
Assemblymember Bonney wanted the State owned land on Narrow Cape to never be
sold and that the trails, beaches, and natural resources be permanently
designated public and recreational use and that the Borough would have the
"Right of First Refusal" if the State ever decided to sell or convey the
property.
Assemblymember Williams felt this was a proactive step.
Assemblymember Ranney supported this; but, he did not want Shuyak Funds used
to purchase the property.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Ranney, Williams,
Abell, Anderson, Bonney
2. Resolution No. FY2005 -22 Urging the Alaska State Legislature to Authorize
the Board of Fish to Develop a Gulf of Alaska Groundfish Management and
Allocation Plan.
BRANSON moved to adopt Resolution No. FY2005 -22, seconded by WILLIAMS
Manager Galstad said this was to encourage the Alaska Board of Fisheries to
hold multiple public hearings in the Kodiak fishing communities to allow
input by Kodiak residents in the process of developing the groundfish
management and allocation plan.
Mayor Selby said the resolution was misinterpreted as supporting SB113.
Assemblymember Williams wanted to listen to the wishes of the fishermen.
Assemblymember Branson appreciated the comments.
ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Williams, Abell, Anderson,
Bonney, Branson, Ranney, Williams
3. Resolution No. FY2005 -23 Urging the Alaska State House and Senate to
Approve the Governor's Proposed $37.5 Million Appropriation to Offset the
Cost of State Required Municipal PERS Increases for the next Two Years.
BRANSON moved to adopt Resolution No. FY2005 -23, seconded by ABELL
Manager Galstad said that based on federal fuel use figures for Alaska, the
State receives an additional $65 million per year when the cost of a barrel
of oil increases $1. Meanwhile, Alaska's cities, boroughs, and all residents
pay $20 million for the increase. If the State fails to share some of that
increase the community will have to offset the State required PERS payment
increases for at least the next two years. The impact to Kodiak would be
higher taxes and a reduced ability to pay for education, planning and zoning,
health, and other basic Borough functions.
Assemblymember Ranney said it was time for legislators to move forward.
Assemblymember Branson appreciated Assemblymember Ranney's letter to the
editor and said she fully supported the resolution.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Anderson, Bonney,
Branson, Ranney, Williams
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April 7, 2005 Page 147
ORDINANCES FOR INTRODUCTION
1. Ordinance No. FY2005 -10 Rezoning Lot 8A -1 Block 5 Miller Point
Subdivision From R -1 Two Family Residential Zoning District To PL- Public
Use. (P &Z Case 040 -016)
BONNEY moved to adopt Ordinance No. FY2005 -10 in first reading to advance to
public hearing on April 21, 2005, seconded by BRANSON
Manager Galstad said the property owner initiated this request to allow for
greater flexibility in developing the lot.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Anderson, Bonney, Branson,
Ranney, Williams, Abell
OTHER ITEMS
1. Vacation of a Portion of the Temporary Turnaround Easement Located on
Woodland Acres 2ntl Addition, Block 3, Lot 6. (P &Z Case S05 -004)
BRANSON moved to approve the vacation of a portion of the temporary
turnaround easement located on Woodland Acres 2 "d Addition, Block 3, Lot 6
(P &Z Case S05 -004), seconded by BONNEY
Manager Galstad said the P &Z Commission approved the easement vacation after
a public hearing on March 16, 2005, subject to three technical conditions.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Branson, Ranney,
Williams, Abell, Anderson
2. Resignation of Board of Equalization Member.
BONNEY moved to accept, with regret, the resignation of Deborah M. Milam from
the Board of Equalization and direct the Borough Clerk to advertise the
vacancy per Borough Code, seconded by BRANSON
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Ranney, Williams,
Abell, Anderson, Bonney
3. Resignation of Service Area No. 1 Board Member.
BRANSON moved to accept, with regret, the resignation of Robert Casey from
the Service Area No. 1 Board and direct the Borough Clerk to advertise the
vacancy per Borough Code, seconded by WILLIAMS
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Williams, Abell,
Anderson, Bonney, Branson
CITIZEN COMMENTS - None.
ASSEMBLYMEMBER COMMENTS
Assemblymember Branson asked Manager Galstad to make the KIB Budget calendar
available to the public.
Assemblymember Anderson attended the "Gateway Communities" Conference in
Anchorage and felt it was very productive. He apologized for his lack of
protocol during the Trinity Islands Assessment public hearing.
Kodiak Island Borough Volume XXIX
April 7, 2005 Page 148
Assemblymember Williams asked members of the community to attend the
Assembly's public meetings.
ANNOUNCEMENTS
Mayor Selby announced the Assembly would meet in special work sessions
tomorrow, April 8 at 10:00 a.m. and from 1:00 p.m. to 2:30 p.m. and 3:00 p.m.
to 4:30 p.m. in the Borough Conference room to interview the Borough Manager
applicants.
There would be a special Assembly meeting tomorrow, April 8 at 5:00 p.m. in
the Borough Conference Room.
The Assembly would meet in a work session Thursday, April 14, 2005 at 7:30
p.m. in the Borough Conference room and a regular meeting on Thursday, April
21, 2005 at 7:30 p.m. in the Assembly Chambers.
ADJOURNMENT
BRANSON moved to adjourn the meeting, seconded by RANNEY
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Anderson,
Bonney, Branson, Ranney, Williams
The meeting was adjourned at 8:49 p.m.
ATTEST:
e.�-• Selby, Mayor
ud�fC Q� wan)
el J ith A. Niels‘ MC, Borough Clerk Approved: 05/19/2005
Kodiak Island Borough Volume XXIX
April 7, 2005 Page 149