09/21/06 Regular MeetingKODIAK ISLAND BOROUGH
Regular Assembly Meeting
September 21, 2006
A regular meeting of the Kodiak Island Borough Assembly was held September 21, 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 Deputy Presiding Officer Tom Abell, Assembly members Pat Branson (arrived at
8:40 p.m.), Sue Jeffrey, Reed Oswalt, Cecil Ranney, Mel Stephens, and Barbara Williams.
Staff members present were Manager Rick Gifford, E &F Director Bud Cassidy, Finance
Director Karl Short, Project Manager /Inspector Ken Smith, Borough Clerk Nova Javier, and
Deputy Clerk Marylynn McFarland.
WILLIAMS moved to excuse Assembly member Branson, seconded by STEPHENS
VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
WILLIAMS moved to approve the agenda, seconded by OSWALT
APPROVAL OF MINUTES - None.
AWARDS AND PRESENTATION - None.
CITIZENS' COMMENTS
Christine Lyle Middle School Teacher, urged the Assembly to proceed with the seismic repairs
as soon as possible.
Jerrol Friend, Local Contractor, urged the Assembly to proceed with the seismic upgrades. He
said delays mean extra costs to the project.
Gary Carver urged the assembly to make the seismic process as streamlined as possible. He
said time is of the essence and he requested a stronger advocacy on all fronts.
Margaret O'Leary, Middle School Teacher, urged the Assembly to proceed with the seismic
upgrades. She said the amount being contested by the Assembly is not that much to delay the
project.
Greg Foie recommended that the Assembly proceed with the project. He ..as concerned with
the safety of his child who goes to the Middle School.
Kaia Henrickson, Middle School Teacher, urged the Assembly to prioritize the seismic
upgrades.
Laurence Anderson advocated repairing the Middle School.
Kodiak Island Borough Assembly Minutes
September 21, 2006 Page 316
Ysa Stihl urged the Assembly to make a decision about the seismic upgrade of the schools
and to do it as quickly as possible.
Clarence Selig concurred with the comments regarding the seismic upgrades.
Mary Ann Hickey asked the Assembly to proceed with the seismic upgrades.
Kristie Wall Middle School Teacher, concurred with the comments. She stated her concerns
regarding children and staffs safety.
Kathryn Symmes Middle School Teacher, urged the Assembly to move forward on the seismic
upgrades.
COMMITTEE REPORTS - None.
PUBLIC HEARING
A. Ordinance No. FY2007 -06 Amending Title 3 Revenue and Finance Chapter 3.30
Transient Accommodations Tax to Provide for Collection that is More Efficient.
JEFFREY moved to adopt Ordinance No. FY2007 -06, seconded by STEPHENS
Manager Gifford stated the current wording of chapter 3.30, the owner of real and personal
property can avoid responsibility of paying transient accommodations tax by renting the
property to an operator. This amendment would promote a fair and efficient resolution of such
delinquencies for all parties.
Assembly member Stephens stated that the original version of the ordinance tries to make
someone else responsible for taxes and said that would be unfair way of governing.
Assembly member Williams supported the version submitted by Assembly member Stephens,
STEPHENS moved to amend Ordinance No. FY2007 -06 by substituting the version of the
ordinance he submitted, seconded by OSWALT
ROLL CALL VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY: Abell, Jeffrey, Oswalt,
Ranney, Stephens, Williams
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Jeffrey, Oswalt,
Ranney, Stephens, Williams, Abell
B. Ordinance No. FY2007 -07 Amending the First Paragraph of Section 203 of the
Personnel Rules and Regulations.
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Manager Gifford reported intent of the current language in this section of the Personnel Rules
and Regulations was to only exclude elected officials and employees of the Borough from
serving on the Personnel Board. This ordinance would clarify this section.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY.: Oswalt, Ranney, Stephens,
Williams, Abell, Jeffrey
Kodiak Island Borough Assembly Minutes
September 21, 2006 Page 317
C. Ordinance No. FY2007 -08 Amending Kodiak Island Borough Code of Ordinances Title
17 Zoning Chapters 17.03, 17.06, 17,12, 17.13, 17.15 — 17.20, 17.22, and 17.57 for
Transient Accommodations.
JEFFREY moved to adopt Ordinance No. FY2007 -08, seconded by OSWALT
Manager Gifford reported that the Community Development Department was initiating a code
update to portions of the KIB zoning ordinance (Title 17) as it relates to different "transient
accommodation" uses. The initiation of this code review and update had been reviewed and
agreed upon by the Planning and Zoning commission.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stephens, Williams,
Abell, Jeffrey, Oswalt
D. Ordinance No. FY2007 -01A Amending Ordinance No. FY2007 -01 Fiscal Year 2007
Budget by Accepting and Appropriating a State Grant in the Amount of $301,318 for the
Seismic Retrofit of the Ouzinkie School Foundation.
JEFFREY moved to adopt Ordinance No. FY2007 -01A, seconded by OSWALT
Manager Gifford reported that the purpose of this ordinance was to accept a Hazard Mitigation
Grant Program grant for fiscal year 2007 from the State of Alaska Department of Military and
Veterans Affairs Division of Homeland Security and Emergency Management.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell,
Jeffrey, Oswalt, Ranney
BOROUGH MANAGER'S REPORT
Manager Gifford reported that he had just returned from ICMA conference in San Antonio, and
noted that other communities are having the same challenges with garbage.
MESSAGES FROM THE BOROUGH MAYOR
Deputy Presiding Officer Abell said he was not against the seismic upgrades. He stated the
State should provide money for new schools instead of funding upgrades to old schools.
UNFINISHED BUSINESS
A. CONTRACTS
1. Contract No. 2007 -11 RFP # 1 Architectural and Engineering Services for KMS Seismic
Upgrade, KHS Library Seismic Upgrade, KHS Gym Seismic Upgrade, KHS /KMS
Complex IRMA Roof Upgrade, KHS Learning Center, KHS Exterior Insulation and
Window Replacement, KHS Vocational Center Renovation and KHS Pool Reclamation.
Manager Gifford stated that the motion before the Assembly from the last meeting was to
authorize the manager to execute Contract No. FY2007 -11 with Jensen Yorba and Lott of
Juneau, Alaska in an amount not to exceed $733,484.
There was general Assembly discussion regarding Section 1.5.3 of the contract.
Kodiak Island Borough Assembly Minutes
September 21, 2006 Page 318
STEPHENS moved to amend Contract No. 2007 -11 to change Section 1.5.3, page 11, times
amount billed from 1.1 to 1.0, seconded by OSWALT
ROLL CALL VOTE ON THE MOTION TO AMEND FAILED THREE TO THREE: Abell, Jeffrey,
Ranney (Noes); Williams, Oswalt, Stephens (Ayes)
ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Abell, Branson,
Jeffrey, Oswalt, Ranney, Stephens, Williams
2. Assembly Approval of Refund of Taxes Paid Under Protest Per AS29.45.500(A).
Manager Gifford reported this was postponed from the last meeting and the motion before the
Assembly is to approve Finance Departments request to refund the tax collected and related
expenses to the tax payer.
There was general discussion why the Borough should not approve the refund.
ROLL CALL VOTE ON MOTION FAILED SIX TO ONE: Branson, Oswalt, Ranney, Stephens,
Williams, Abell (Noes); Jeffrey (Aye)
3. Reconsideration of Ordinance No. FY2007 -09 Authorizing an Amendment to the
Borough's Participation Agreement With the Public Employees Retirement System
(PERS) of Alaska and to Change the Borough Code of Ordinances to Exclude
Participation of Elected Officials.
JEFFREY moved to reconsider the action taken on Ordinance No. FY2007 -09 and
advance it to public hearing on October 5, 2006, seconded by WILLIAMS
Assembly member Jeffrey stated that she moved to reconsider the motion on this
ordinance for the opportunity to advance it to public hearing.
Assembly member Branson concurred since she wanted public input and further
discussion at Assembly level. She said PERS is a huge liability for tax payers.
Assembly member Stephens stated he would vote against the reconsideration since the
Ordinance needed more work.
ROLL CALL VOTE ON MOTION TO RECONSIDER CARRIED SIX TO ONE: Jeffrey, Oswalt,
Ranney, Williams, Abell, Branson (Ayes); Stephens (No)
ROLL CALL VOTE ON MOTION TO ADOPT AND ADVANCING THE ORDINANCE TO
PUBLIC HEARING ON OCTOBER 5, 2006 CARRIED SIX TO ONE: Oswalt, Ranney,
Williams, Abell, Branson, Jeffrey (Ayes); Stephens (No)
After a seven - minute break, Deputy Presiding Officer Abell reconvened the regular meeting at
9:10 p.m.
NEW BUSINESS
A. CONTRACTS — None.
B. RESOLUTIONS — None.
Kodiak Island Borough Assembly Minutes
September 21, 2006 Page 319
C. ORDINANCES FOR INTRODUCTION
1. Ordinance No. FY2006 -09A Amending Kodiak Island Borough Code of Ordinances
Title 3 Revenue and Finance Chapter 3.32 Motor Vehicle Registration Tax By Adding
Section 3.32.040 Annual Fee Imposed on Commercial Plates.
BRANSON moved to adopt Ordinance No. FY2006 -09A in first reading to advance to public
hearing on October 5, 2006. seconded by JEFFREY
Manager Gifford reported that the State of Alaska, Department of Motor Vehicles allowed
commercial vehicles to have an option to renew annually.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stephens, Williams,
Abell, Branson, Jeffrey, Oswalt
2. Ordinance No. FY2007 -01 B Amending Ordinance No. FY2007 -01 Fiscal Year 2007
Budget by Accepting and Appropriate State Legislative Grants for the Main Elementary
School Playground Equipment, Proposed ADF &G Near Island Facility, Island Lake Trail
Upgrade, School Facilities Seismic Repairs and Upgrades, and Tsunami Sirens,
Upgrades, Replacements, Additions.
JEFFREY moved to adopt Ordinance No. FY2007 -01B in first reading to advance to public
hearing on October 5, 2006., seconded by BRANSON
Manager Gifford reported that the purpose of this action was to accept Legislative grants for
fiscal year 2007 from the State of Alaska Department of commerce, Community and Economic
Development.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell,
Branson, Jeffrey, Oswalt, Ranney
3. Ordinance No. FY2007 -01C Amending Ordinance No. Fy2007 -01 Fiscal Year 2007
Budget by Accepting and Appropriating a State Grant in the Amount of $455,000 for the
Seismic Retrofit of the Kodiak High School Library Wing.
BRANSON moved to adopt Ordinance No. FY2007 -01C in first reading to advance to public
hearing on October 5, 2006, seconded by OSWALT
Purpose of this ordinance is to accept a Hazard Mitigation Grant Program grant for fiscal year
2007 from the State of Alaska Department of Military and Veteran Affairs, Division of
Homeland security and Emergency Management.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY.: Williams, Abell, Branson,
Jeffrey, Oswalt, Ranney, Stephens
Kodiak Island Borough Assembly Minutes
September 21, 2006 Page 320
D. OTHER ITEMS
1. Appointments to the Mission Lake Tidegate Service Area Board.
JEFFREY moved to appoint Marian Johnson for a term to expire 2007 and Norman Sutliff for a
term to expire 2008, to the Mission Lake Tide Gate Service Area Board, seconded BRANSON
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt,
Ranney, Stephens, Williams
1. October 3, 2006 Regular Municipal Election Workers.
BRANSON moved to approve the regular municipal election workers as submitted by the
Borough Election Supervisor., seconded by OSWALT
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Oswalt,
Ranney, Stephens, Williams, Abell
CITIZENS' COMMENTS
Jerrol Friend thanked the Assembly for moving forward on the Seismic project.
ASSEMBLY MEMBER COMMENTS
Assembly member Williams wished her husband a happy 21' wedding anniversary
Assembly member Ranney reiterated the need to continue to ask for State funding.
Assembly member Stephens referred to PERS and said the public should become aware of
the funding shortfall.
Assembly member Oswalt would like to see the upgrades done immediately on the pool.
Assembly member Jeffrey asked fellow Assembly members to focus on the urgent matters
before them such as the Seismic upgrades, Kodiak's rural status, and PERS.
Assembly member Branson addressed the PERS issue as urgent matter with a 1.8 million
dollar deficit. She urged everyone to go out and vote and thanked all the election workers for
volunteering.
Deputy Presiding Officer Abell announced that Assembly members would be meeting with
Providence Alaska Region Board on September 22 at Kodiak Best Western Harbor Room.
The Assembly would meet in a work session on Thursday, September 28 at 7:30 p.m. in the
Borough Conference Room and a regular mooting on Thursday, October 5, 2006 at 7:30 p.m.
in the Assembly Chambers.
The Regular Municipal Election would be held on Tuesday, October 3, 2006. He announced
absentee voting is available in the Borough Clerk's Office, Room 101 in the Borough building
from 8:00 a.m. to 5:00 p.m. through October 2, 2006.
Kodiak Island Borough Assembly Minutes
September 21, 2006 Page 321
ADJOURNMENT
BRANSON moved to adjourn the meeting, seconded by WILLIAMS.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney,
Stephens, Williams, Abell, Branson
The meeting adjourned at 9:45 p.m.
ATTEST:
No'a M. Javier, C C, Borough Clerk
Jerome M. Selby, Mayor_—
Approved: December 7, 2006
Kodiak Island Borough Assembly Minutes
September 21, 2006 Page 322