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03/02/06 Regular MeetingAWARDS AND PRESENTATIONS A. Proclamation KODIAK ISLAND BOROUGH Regular Assembly Meeting March 2, 2006 A regular meeting of the Kodiak Island Borough Assembly was held March 2, 2006 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, Pat Branson, Sue Jeffrey, Cecil Ranney, Mel Stephens, and Barbara Williams. Absent was Reed Oswalt. Staff present were Manager Rick Gifford, E &F Director Bud Cassidy, Finance Director Karl Short, Assessor Tom Anderson, Clerk Judi Nielsen, and Assistant Clerk Jessica Basuel. BRANSON moved to excuse Assemblymember Oswalt, seconded by STEPHENS VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA ABELL moved to approve the agenda, seconded by BRANSON VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES - None Mayor Selby proclaimed March 2006 as "National Women's History Month" urging residents to increase their knowledge and appreciation of the valuable role women play in our lives. CITIZENS' COMMENTS Lawrence Anderson Senior Citizens of Kodiak Inc. Board president, reported that transportation through KATS was well used. He thanked the Assembly for its support and invited Assemblymembers to visit the Center to view the many improvements. Christine Greenstreet, Bonnie Troth, and Julie Coyle urged the Assembly to move forward with the Woodland Acres paving project. Jim Van Atta read a letter of thanks to the Planning and Zoning Commission and all the Borough staff involved in his recent rezone. Shawn Dochtermann was disappointed that the Gulf of Alaska (GOA) Rationalization Task Force had not met and suggested they meet weekly. He attended a North Pacific Fisheries Management Council (NPFMC) meeting and was concerned how the State was handling the GOA rationalization and seafood processing quotas. He asked for a resolution to the State and the NPFMC opposing any process of quotas, linkage, or forced co -ops. Steve Branson, Crewman's Association representative, said 500 members and 230 Kodiak residents attended the NPFMC meeting. He hoped the Task Force would meet before ComFish and meet weekly. He said the State DEC intended to illegalize the gutting of all fish. Kodiak Island Borough Volume XXIX March 2, 2006 Page 239 In response to Assemblymember Stephens, Mr. Branson said he received an E- mail that DEC planned to illegalize gutting of all fish within a half -mile of land and also if the trip was longer than three days. Darius Kasprzak, fisherman, also attended the NPFMC meeting and agreed that the Task Force should meet regularly. COMMITTEE REPORTS Scott Arndt, ARB member, asked for a change in the request for proposal (RFP) for the architectural services on the pool. He said some of the Board members questioned the selection process for the RFP. The ARB had not met yet, but he said he spoke with vice -chair Jay Johnston. Clerk Nielsen called a point of order in that the recommendation of one or two Board members was not a Board recommendation and should not be reported under Committee Reports, but under Citizens Comments. Mayor Selby encouraged Mr. Arndt to hold an ARB meeting and return with a recommendation from the Board. Mr. Arndt wanted an addendum to change the procedure where the ARB would recommend to the Assembly the top two firms for the Manager's negotiations. PUBLIC HEARING - None BOROUGH MANAGER'S REPORT The GOA Rationalization Task Force would meet on Wednesday, March 22, 2006 at 9:01) a.m. in Room 106 at the Kodiak College. He thanked WalMart for their $500 donation to the Bayside Fire Station. The funds would pay for half the cost of a piercing nozzle and valve. Prochaska & Associates would present the Hospital Master Plan to the ARB on Monday, March 6 and then to the Assembly at a special work session at the hospital on Tuesday, March 7. The plan would better utilize space for the Kodiak Community Health Center (KCHC) and the hospital. The work session would begin with a tour of the hospital with the presentation to follow. Senate Bill 207, increasing the AADC Board to eleven members, was amended to remain at nine members designating two representatives from Kodiak. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby said ComFish would be held in Kodiak March 16 -18 and he anticipated many meetings on gulf rationalization. Fish and Game Commissioner Campbell would be here for ComFish. He would speak before the Assembly at the March 16 regular meeting. He encouraged people to attend and participated to the ComFish meetings. He asked Manager Gifford to research DEC's decision on fish gutting. He remembered Mickey Duros, who served the community as a Borough employee for many years. He appreciated her and said she would be greatly missed. UNFINISHED BUSINESS A. Reconsideration of Ordinance No. FY2006 -06 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Kodiak Island Borough Volume XXIX March 2, 2006 Page 240 Finance - Budget Section 3.04.020 Permissible Investments Section 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest In and Changing the Investments Allowed in the Facilities Fund. BRANSON moved to reconsider the vote taken on Ordinance No. FY2006 -06, seconded by JEFFREY Branson made the motion to reconsider because she wanted the ordinance advanced to public hearing to hear comments from the public. Assemblymember Stephens opposed reconsideration and suggested amending the ordinance for Assembly consideration at a future date. In response to Assemblymember Williams, Clerk Nielsen related that the ordinance could be changed in the future at the will of the Assembly. Assemblymember Ranney wanted to move forward with the public hearing. In response to Assemblymember Jeffrey, Clerk Nielsen said if reconsideration was approved, the motion to advance to public hearing on March 2 would be before the Assembly as if the vote had never been taken. If reconsidered, an amendment to advance to public hearing at a future date was needed. In response to Assemblymember Williams, Clerk Nielsen said the Assembly could hold as many public hearings as they felt necessary on any ordinance. ROLL CALL VOTE ON MOTION TO RECONSIDER WAS TAKEN WITH A TIE VOTE: Branson, Jeffrey, Ranney (Ayes); Abell, Stephens, Williams (Noes); Mayor Selby broke the tie by voting aye; MOTION CARRIED FOUR TO THREE. STEPHENS moved to amend the motion to change the public hearing date to April 6, 2006, seconded by WILLIAMS. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Jeffrey, Ranney, Stephens, Williams, Abell Assemblymember Stephens did not favor hiring a money manager as the expense was not needed. Investing in the stock market was risky and he felt rushed. Assemblymember Ranney said discussion started long -ago when the Facilities Fund was earning two percent. He wanted to hear public comments. ROLL CALL VOTE ON MOTION TO ADVANCE AS AMENDED CARRIED FIVE TO ONE: Jeffrey, Ranney, Williams, Abell, Branson (Ayes); Stephens (Noes) Mayor Selby reconvened the regular meeting at 9:02 p.m. after a ten - minute recess. B. Reconsideration of Resolution No. FY2006 -28 Initiating the Woodland Acres Paving Assessment District to Pave Auk Circle, Coho Circle, Curlew Way, Gull Drive, Harlequin Court, Patrick Court, Plover Way, Puffin Circle, Puffin Drive, Sean Circle, Sea Quail Way, Shearwater Way, Teal Way, and Wolverine Way. STEPHENS moved to reconsider the vote taken on Resolution No. FY2006 -28, second by WILLIAMS. Kodiak Island Borough Volume XXIX March 2, 2006 Page 241 Assemblymember Stephens was concerned from a legal standpoint. If this was reconsidered, he would make a motion to amend by substitution with the ordinance he prepared. If not reconsidered, he would not make a motion to reconsider Resolution No. FY2006 -29. Clerk Nielsen clarified that if reconsideration was approved, the motion to adopt would be before the Assembly as if the vote had never been taken. If reconsideration failed, the original vote on the motion to adopt would stand. ROLL CALL VOTE ON MOTION TO RECONSIDER FAILED FOUR TO TWO: Ranney, Williams, Branson, Jeffrey (Noes); Abell, Stephens (Ayes) C. Reconsideration of Resolution No. FY2006 -29 Determining to Proceed With the Proposed Woodland Acres Paving Assessment District and Authorizing Staff to Determine the Approximate Cost to Pave the Roads Within the District. The motion to reconsider failed for lack of a motion. NEW BUSINESS A. CONTRACTS - None B. RESOLUTIONS 1. Resolution No. FY2006 -31 Establishing Citizens Board of Equalization Dates for the Year 2006. RANNEY moved to adopt Resolution No. FY2006 -31, seconded by BRANSON. Manager Gifford said this established the Board's May 16, 2006 meeting date. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Jeffrey, Ranney C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -08 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapter 17.51 Accessory Buildings Section 7.51.040 Height Limit. JEFFREY moved to adopt Ordinance No. FY2006 -08 in first reading to advance to public hearing on March 16, 2006, seconded by BRANSON. Manager Gifford said the Planning and Zoning Commission conducted public hearings on the proposed changes that would match existing state law. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Jeffrey, Ranney, Ranney, Stephens 2. Ordinance No. FY2006 -09 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.32 Motor Vehicle Registration and Tax Section 3.32.010 Established, and Section 3.32.020 Allocation; and by Adding Section 3.32.030 Fee Imposed to Increase the Motor Vehicle Registration Tax. BRANSON moved to adopt Ordinance No. FY2006 -09 in first reading to advance to public hearing on March 16, 2006, seconded by ABELL. Kodiak Island Borough Volume XXIX March 2, 2006 Page 242 Manager Gifford said the Department of Motor Vehicles required an ordinance by April 1, 2006 to increase the registration tax to begin January 1, 2007. This would generate additional revenue of approximately $100,000 per year. There was general discussion about using the funds to remove junk vehicles. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Ranney, Stephens, Williams D. OTHER ITEMS - None CITIZEN COMMENTS - None ASSEMBLYMEMBER COMMENTS Assemblymember Stephens said the Borough website was updated and documents could be downloaded. He wanted to review the Hospital Master Plan rough draft. He was heard Mr. Arndt's comments and noted that the RFP for the pool design services came in over budget. He was concerned about the comments regarding gulf rationalization. Assemblymember Branson thanked Mr. VanAtta for his letter. She appreciated Mr. Arndt's comments but did not agree with the process of speaking under committee reports. Assemblymember Abell hoped more people would come forward and testify on gulf rationalization as he saw no benefit to the community. Assemblymember Ranney, GOA Rationalization Task Force member, was sorry that the Task Force had not met. He would attend the Legislative Reception in Juneau and would miss the Task Force meeting on March 22, 2006. Assemblymember Williams wanted to meet with all the Boards, Committees, and Commissions and wanted minutes of their meetings. Mayor Selby announced that the Assembly would tour the Providence Kodiak Island Medical Center on Tuesday, March 7 at 6:30 p.m. starting at the Specialty Clinic entrance. The Assembly would meet in a special work session immediately following the tour in Providence's east wing training room. The Assembly would meet in a work session on Thursday, March 9 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, March 16 at 7:30 p.m. in the Assembly Chambers. ADJOURNMENT BRANSON moved to adjourn the meeting, seconded by JEFFREY ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Ranney, Stephens, Williams, Abell The meeting adjourned at 9:35 p.m. ATTEST: J M. Selby, J udith A. Niels, CMC, Borough Clerk Approved: 04/06/2006 Kodiak Island Borough March 2, 2006 Page 243 Volume XXIX