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10/20/05 RMKODIAK ISLAND BOROUGH Regular Assembly Meeting October 20, 2005 A regular meeting of the Kodiak Island Borough Assembly was held October 20, 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 Assemblymembers Tom Abell, Pat Branson, Tuck Bonney, Reed Oswalt, Cecil Ranney, Nancy Wells, and Barbara Williams. Staff present were Manager Rick Gifford, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. APPROVAL OF AGENDA OSWALT moved to approve the agenda, seconded by BONNEY VOICE VOTE ON MOTION CARRIED UNANIMOUSLY TO APPROVE THE AGENDA APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Special Meeting of June 30 and Regular Meeting of September 1, 2005. BRANSON moved to approve the minutes as submitted, seconded by WILLIAMS Assemblymember Branson corrected the spelling of Mary Harder's name on page three of the September 1, 2005 minutes. VOICE VOTE ON MOTION TO APPROVE AS CORRECTED CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS A. Longevity Awards Manager Gifford presented a fifteen -year longevity award to Sharon Blakeslee, Programmer /Analyst in the Management Information Systems /Finance Department and a five -year longevity award to Brian Smith, Baler Operator in the Engineering and Facilities Department. B. Employee of the Quarter Manager Gifford announced that the Employee of the Quarter Awardees were Tracy Mitchell, Environmental Specialist and Alan Torres, Landfill Supervisor in the Engineering and Facilities Department. CITIZENS' COMMENTS Mel Stephens asked the Assembly to postpone action on the hospital contract. Bill Pyle Kodiak National Wildlife Refuge (KNWR) Supervisory Bear Biologist, expressed support for Resolution No. FY2006 -06A on behalf of Refuge Manager Leslie Kerr. Kodiak Island Borough Volume XXIX October 20, 2005 Page 199 Dawn Black said the appeal process before the Planning and Zoning Commission needed review. Jimmy Nq supported Contract No. 97 -07B stating the relationship between KIB and Providence was based on trust. He thanked Assemblymembers Bonney and Wells for their years of service. COMMITTEE REPORTS Scott Arndt, Architectural Review Board (ARB) chairman, reported that the board interviewed three firms for the pool design and recommended awarding the contract to ECI /flyer Inc. Assemblymember Branson reported that Stan Thompson, Director of Facilities, installed the new CT Scan unit at the hospital and there was a new radiologist sharing duties with Dr. Tsersich. PUBLIC HEARING A. Ordinance No. FY2006 -03 Amending Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Chapter 15.20 Mobile Homes Section 15.20.010 Definitions and Title 17 Zoning Chapter 17.26 Mobile Home Parks. BRANSON moved to adopt Ordinance No. FY2006 -03, seconded by ABELL Manager Gifford said the Planning and Zoning Commission spent over a year reviewing the mobile home park Code. Staff recommended an amendment to Section 17.26.070. BRANSON moved to amend Ordinance No. FY2006 -03 by adding to Section 17.26.070(H) the words: "No addition or combination of additions shall extend in the vertical dimension beyond the maximum height of the horizontal plane established by the existing mobile home ", seconded by ABELL ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Bonney, Branson, Oswalt, Ranney, Wells, Williams Mayor Selby opened the public hearing. Dawn Black said there were still many unclear clauses in the amendment. She felt the benefits were mainly for the Community Development Department staff. Mel Stephens opposed the amendment as not making sense. Mary Ogle, CDD Director, said staff worked on different amendment versions to be legal and as clear as possible. The entire amendment to the mobile home code went through an extensive process in public sessions to ensure there would be input from the public. Assemblymember Williams said the amendment would prevent two -story mobile homes. Assemblymember Wells thanked the Commission and the Community Development Department staff for their hard work. Kodiak Island Borough Volume XXIX October 20, 2005 Page 200 ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Bonney, Branson, Oswalt, Ranney, Wells, Williams, Abell BOROUGH MANAGER'S REPORT Manager Gifford said the Borough was advertising for a Senior Systems Analyst for the MIS Department. The Borough's Capital Projects Priority List was sent to the Governor, Senator Stevens, and Representative LeDoux. Staff was working on an RFP for a consultant to review and make recommendations on the solid waste operations including collection and disposal alternatives. The Borough would begin to enforce complaints and violations of littering and illegal dumping. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby congratulated the newly - elected officials stating they were a valuable part of the community. He thanked Assemblymembers Bonney and Wells for their service. UNFINISHED BUSINESS A. Contract No. 97 -07B Amending Contract No. 97 -07 Agreement Between the KIB & Sisters of Providence in Washington d /b /a Providence Health System in Alaska for Lease of the Kodiak Island Hospital & Care Center. The motion before the Assembly was to approve Contract No. 97 -07B with Providence Health System - Washington d /b /a Providence Health System in Alaska. Manager Gifford gave a detailed report on the amendments. Assemblymember Wells thanked Hospital Administrator Rush for his patience. She said she was comfortable with the lease agreement. Assemblymember Abell said the Borough would not lose money with the reference to a decrease in rent because another entity paid the rent. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Ayes: Branson, Ranney, Wells, Abell, Bonney; Noes: Oswalt, Williams NEW BUSINESS A. CONTRACTS 1. Contract No. FY2006 -19 for Purchase of P -25 Radio Equipment. RANNEY moved to approve Contract No. FY2006 -19 with Aksala Electronics, Inc. for the purchase of P25 radio equipment in the amount of $39,377, seconded by BRANSON Manager Gifford said the grant allowed for the purchase of specific types and models of P -25 radio equipment with FY'04 Homeland Security Grant funds. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Wells, Williams, Abell, Bonney, Branson Kodiak Island Borough Volume XXIX October 20, 2005 Page 201 2. Contract No. FY2006 -20 Sole Source Contract for the Preparation of a Pre- Disaster Mitigation Plan. WELLS moved to approve Contract No. FY2006 -20 with Goettel & Associates, Inc. of San Francisco, CA in the amount of $34,000, seconded by BRANSON Manager Gifford said this company would prepare an application to the Federal Emergency Management Agency (FEMA) for a pre- disaster mitigation seismic project grant. The Engineering and Facilities and Community Development Departments recommended awarding the sole source contract. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Wells, Williams, Abell, Bonney, Branson, Oswalt 3. Contract No. 95 -47D Amending Contract No. 95 -47 Collective Bargaining Agreement with the IBEW Union. WILLIAMS moved to approve Contract No. 95 -47D amending Contract No. 95 -47 Collective Bargaining Agreement with the IBEW Union to include a one -year extension of the contract and approval of a 2.5 percent Cost of Living Allowance (COLA) increase for all union and non -union Borough employees effective January 1, 2006, seconded by BRANSON Manager Gifford said he negotiated a one -year extension of the current IBEW contract for union employees to December 31, 2006. This also provided for a 2.5 percent COLA for all employees effective January 1, 2006. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Wells, Williams, Abell, Bonney, Branson, Oswalt, Ranney B. RESOLUTIONS 1. Resolution No. FY2006 -14 Ratifying and Certifying the Results of the Regular Municipal Election Held October 4, 2005. OSWALT moved to adopt Resolution No. FY2006 -14, seconded by BRANSON Clerk Nielsen said the Canvass Board met on October 5 and 12, 2005 to count the absentee and questioned ballots and to certify the results. Mayor Selby appreciated the turnout of voters in the rural communities. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Bonney, Branson, Oswalt, Ranney, Wells 2. Resolution No. FY2006 -06A Amending Resolution No. FY2006 -06 Approving Terms and Conditions for Sale of Tax Foreclosed Property at Borough Land Sale Number Fifteen. BRANSON moved to adopt Resolution No. FY2006 -06A, seconded by WILLIAMS Manager Gifford said the United States Fish and Wildlife Service expressed an interest in purchasing parcel #30 T3OS R28W TL 1804 Zachar Bay at fair market value from the Borough. The parcel was once part of the Kodiak National Wildlife Refuge. Kodiak Island Borough Volume XXIX October 20, 2005 Page 202 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Bonney, Branson, Oswalt, Ranney, Wells, Williams 3. Resolution No. FY2006 -15 Adopting a Capital Improvement Program for Fiscal Years 2006 -2010 and Establishing a Rural Communities Capital Improvement Projects Priority List. ABELL moved to adopt Resolution No. FY2006 -15, seconded by BRANSON Manager Gifford said this CIP list was specific to the needs of the rural Kodiak communities. The list would be sent to the governor and legislature. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Branson, Oswalt, Ranney, Wells, Williams, Abell C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -04 Re- Establishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Chapter 2.39 Boards and Commissions. BONNEY moved to adopt Ordinance No. FY2006 -04 in first reading to advance to public hearing on November 3, 2005, seconded by WILLIAMS Manager Gifford reported that Borough Code requires that the Assembly re- establish boards, committees, and commissions every three years. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Oswalt, Ranney, Wells, Williams, Abell, Bonney 2. Ordinance No. FY2006 -05 Amending the Personnel Rules and Regulations by Adopting the Federal Rate for Per Diem. BRANSON moved to adopt Ordinance No. FY2006 -05 in first reading to advance to public hearing on November 3, 2005, seconded by WILLIAMS Manager Gifford said this would change the per -diem rate for employees, elected officials, and others traveling on Borough business from $35.00 daily to the rate set by the US Government Services Administration (GSA) schedule that set a different daily rate when traveling to different localities. Assemblymember Wells said the Borough had not changed the per -diem rate since 1977 and costs had increased substantially. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Branson, Oswalt, Ranney, Wells, Williams, Abell D. OTHER ITEMS 1. Acknowledging Receipt of the Architectural /Engineering Review Board's (ARB) Recommendation for Architectural and Construction Services to Assist the KIS in Designing and Constructing a New Pool Facility. BRANSON moved to acknowledge receipt of the Architectural/ Engineering Review Board's recommendation for design and construction services leading to the design and construction of a new pool facility and direct the manager to enter into contract negotiations, seconded by ABELL Kodiak Island Borough October 20, 2005 Volume XXIX Page 203 Manager Gifford said the ARB was the board that recommended architects and engineers for public projects. Through the RFP process the ARB selected three firms to interview: USKH of Fairbanks, ECI /flyer of Anchorage, and Architects Alaska of Anchorage and Wasilla. After interviews, the ARB, staff, and technical advisors selected ECI /Hyer to perform the work. Manager Gifford asked for an amendment to specify the firm selected. BRANSON moved to amend the motion to include ECI /Hyer of Anchorage at the end of the main motion, seconded by ABELL ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Ranney, Wells, Williams, Abell, Bonney, Branson Assemblymember Branson thanked the ARE for its time and commitment. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Wells, Williams, Abell, Bonney, Branson, Oswalt, Ranney 2. Oath of Office to Newly- Elected Assemblymembers. Clerk Nielsen administered the oath of office to newly - elected Assembly members Tom Abell, Sue Jeffrey, Reed Oswalt, and Mel Stephens. 3. Presentation to Outgoing Assembly Members. Deputy Presiding Officer Bonney presented a plaque to out -going Assembly member Nancy Wells in appreciation of her leadership and outstanding service to the Kodiak Island Borough. Senior Assemblymember Abell presented a plaque to out -going Assembly member Tuck Bonney in appreciation of his leadership and outstanding service to the Kodiak Island Borough. CITIZEN COMMENTS Captain Dave Davis of the Salvation Army, served for a month as a volunteer to the relief efforts for the victims of Hurricanes Katrina and Rita. He was overwhelmed by the tremendous generosity of fellow Americans. He encourage continued support to the fund raising efforts in Kodiak. In response, Mayor Selby thanked Captain Davis for representing Kodiak in the worthy cause. ASSEMBLYMEMBER COMMENTS Assemblymember Branson appreciated Assemblymembers Bonney and Wells for their time and efforts. She congratulated Assemblymembers Oswalt, Abell, Jeffrey, and Stephens and staff who were presented awards. Assemblymember Ranney echoed Assemblymember Branson's appreciation to out- going Assemblymembers. He looked forward in serving with Assemblymembers Oswalt, Abell, Jeffrey, and Stephens. Assemblymember Oswalt appreciated Assemblymembers Bonney and Wells for their help and he would miss them. Kodiak Island Borough Volume XXIX October 20, 2005 Page 204 Assemblymember Williams enjoyed working with Assemblymembers Bonney and Wells and wished them the best in the future. Assemblymember Abell wanted discussion on the soon to be built new Borough structures. He also wanted discussion on dumpsters. He thanked Assemblymember Bonney for his nine years of service. Assemblymember Wells was glad to be able to participate in the workings of democracy that took a huge time commitment. She was pleased to have a new manager in place and she felt a lot had been accomplished. Assemblymember Bonney looked forward to having time off after serving three years on the Planning and Zoning Commission and nine years on the Assembly. ANNOUNCEMENTS Mayor Selby announced that the Assembly would meet in a work session on Thursday, October 27, 2005 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, November 3, 2005 at 7:30 p.m. in the Assembly Chambers. The Borough land sale auction would be held on Saturday, October 22 in the Assembly chambers beginning at 9:00 a.m. ADJOURNMENT BRANSON moved to adjourn the meeting, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Wells, Williams, Abell, Bonney, Branson, Oswalt, Ranney The meeting adjourned at 9:01 p.m. ATTEST: �,. Ni J ith A. Nielse Bor ough Clerk Kodiak Island Borough October 20, 2005 me M. Selby, Mayor Approved: 12/01/2005 Volume XXIX Page 205