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.
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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
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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.
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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.
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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