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12/07/06 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held December 7, 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 Sergeant Major Dave Blacketer of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Barbara Williams. Staff members present were Manager Rick Gifford, E &F Director Bud Cassidy, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. WILLIAMS moved to excuse Assembly member Branson, seconded by OSWALT VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA OSWALT moved to approve the agenda, seconded by WILLIAMS Manager Gifford asked to remove Item 13.A.2 Contract No. FY2007 -27 Approval of the Purchase of a UV Water Treatment System since the total amount for the system is within the Manager's authority. FRIEND moved to amend the agenda by removing item 13.A.2 Contract No. FY2007 -27, seconded by JEFFREY ROLL CALL ON MOTION TO AMEND THE AGENDA: Abell, Friend, Jeffrey, Lynch, Oswalt, Williams ROLL CALL VOTE ON MOTION TO APPROVE THE AGENDA AS AMENDED: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell APPROVAL OF MINUTES KODIAK ISLAND BOROUGH Regular Assembly Meeting December 7, 2006 A. Kodiak Island Borough Regular Meetings of September 21, October 5, and October 19, 2006. OSWALT moved to approve the minutes as submitted, seconded by LYNCH VOICE VOTE ON MOTION TO APPROVE THE MINUTES CARRIED UNANIMOUSLY AWARDS AND PRESENTATION A. Students of the Month Mayor Selby presented the November Student of the Month Award to Roslyn Delgado, a Senior at the Ouzinkie School and December Student of the Month Award to Benjamin Garcia, a Senior at the Kodiak High School. Kodiak Island Borough Assembly Minutes December 7, 2006 Page 346 CITIZENS' COMMENTS John Parker submitted a document that reflects the history of Lot 1A -3, U.S. Survey 3465 Located Adjacent to Lot 1, U.S. Survey 3466. Edward Coe asked for a round table discussion regarding this property. Scott Arndt asked that the Assembly include the Bayside VFD Building Addition to Resolution No. FY2007 -16. Bill Hinkle affirmed the need to discuss Lot 1A -3, U.S. Survey 3465 Located Adjacent to Lot 1, U.S. Survey 3466. Earlene Berg was willing to discuss the property. COMMITTEE REPORTS None. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Gifford reported about the School Bond projects. He said the Assembly will meet with legislators on December 14. He will be traveling to Anchorage and Fairbanks to observe the waste management operations in these communities. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported about the goals of Alaska Municipal League (AML) for the upcoming year. He noted discussion included revenue sharing, PERS /TRS, gulf rationalization, and the five million funding request from Exxon Valdez for mitigation. He wished everyone a Merry Christmas and encouraged everyone to help those that are less fortunate. UNFINISHED BUSINESS A. Contract No. FY2007 -22 Landfill Lateral Expansion Design and Construction Services. Mayor Selby noted this contract was postponed from the November 2 meeting. The motion before the Assembly was to authorize the Manager to execute Contract No. FY2007 -22 for the Landfill Lateral Expansion Design and Construction Services with CH2M Hill in an amount not to exceed $392,599. Manager Gifford said the existing landfill footprint was quickly approaching capacity and the expansion was needed. He asked the Assembly to move ahead with the contract. Assembly member Lynch declared a conflict of interest and was excused from voting. Kodiak Island Borough Assembly Minutes December 7, 2006 Page 347 Discussion ensued regarding the need to present back ground information to the Assembly prior to making decision. Assembly members questioned the sole sourcing for the contract as there are other professional companies who can do the job. This project was no. 1 on the Legislative CIP list and the Assembly members noted they wanted it known that they were serious in dealing with the waste management in Kodiak and would proceed as to not send mix signals. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Williams, Abell, Friend, Jeffrey B. Resolution No. FY2007 -11 Declaring Surplus to Public Need a 6,000 Square Foot Portion of Borough Land (Lot 1A -3, U.S. Survey 3465) Located Adjacent to Lot 1, U.S. Survey 3466 and Authorizing the Borough Manager to Negotiate Directly with the Petitioners. Manager Gifford noted this Resolution was postponed from the November 2 meeting and the motion before the Assembly was to adopt Resolution No. FY2007 -11. The KIB Planning and Zoning Commission approved the above referenced disposal of Borough land for fair market value after a public hearing held on September 20, 2006. The Kodiak Island Borough Assembly is the applicable review body, which must approve the disposal by resolution. There was general discussion to postpone this to January 18, 2007. The Assembly will give direction to Manager Gifford on December 28 work session. Additional discussion will happen during agenda packet review for this item on January 11, 2007. ABELL moved to postpone Resolution No. FY2007 -11 to January 18 regular meeting, seconded by OSWALT ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FIVE TO ONE: Lynch, Oswalt, Williams, Abell, Jeffrey (Ayes); Friend (no) NEW BUSINESS A. CONTRACTS 1. Contract No. FY2007 -26 Approval of the Purchase of a Saline Water Treatment System for the New Swimming Pool to be Installed in the KHS Existing Swimming Pool and Transferred to the New Swimming Pool When Constructed. WILLIAMS moved to approve the purchase of a Saline Water Treatment System for the KHS Swimming Pool from TMI Salt Pure Corporation in an amount not to exceed $35,760.80, seconded by OSWALT Manager Gifford said the existing swimming pool at the High School was in need of immediate repairs and upgrades to allow for continued safe use until the new swimming pool is constructed. A much needed upgrade to the existing pool was a new water treatment system which will improve both the water and air quality of the facility. Research has been conducted by staff and the recommendation was to install a saline water treatment system. This system can be removed and reinstalled in the new facility. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Friend, Jeffrey, Lynch, Oswalt Kodiak Island Borough Assembly Minutes December 7, 2006 Page 348 2. Contract No. FY2007 -28 Approval of the Purchase of One (1) 8000 Gallon Fire Guard Fire -Rated Above Ground Fuel Storage Tank for KHS. FRIEND moved to approve the purchase of an 8000 gallon Fire Guard ® fire -rated above ground fuel storage tank for the Kodiak High School from Greer Steel, Inc. in an amount not to exceed $32,550, seconded by LYNCH Manager Gifford said included in the Bond Project Budget for KHS VocEd Renovation was the removal and replacement of a bulk fuel oil tank. The new fuel tank would be approximately 8,000 gallon, double walled, above ground fuel tank conforming to API 650 specifications in the approximate vicinity of the removed tanks. Assembly member Oswalt asked staff to check on metal coating to prevent rusting. Note: Toward the end of the meeting, FRIEND moved to amend Contract No. FY2007 -28 to include metal coating of the storage tank, seconded by LYNCH ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Friend, Jeffrey, Lynch, Oswalt, Williams ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Friend, Jeffrey, Lynch, Oswalt, Williams 3. Contract No. 1995 -47G Amending Contract No. 95 -47 Collective Bargaining Agreement with the International Brotherhood of Electrical Workers Local Union 1547. JEFFREY moved to authorize the Manager to execute Contract No. 1995 -47G, an amendment to Contract No. FY1995 -47 with the International Brotherhood of Electrical Workers Local Union 1547 and to adjust the Borough Salary Schedule to reflect the three percent (3 %) COLA for all employees (union and non - union) effective January 1, 2007 and again on January 1, 2008, seconded ABELL Manager Gifford reported the current contract with the International Brotherhood of Electrical Workers Local Union 1547 (IBEW) for union employees expires on December 31, 2006. This contract was renegotiated to extend the contract for two (2) years to December 31, 2008. The proposed amendment included a three percent (3.0 %) cost of living allowance (COLA) effective January 1, 2007, and another three percent (3.0 %) COLA effective January 1, 2008. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Friend, Jeffrey, Lynch, Oswalt, Williams, Abell B. RESOLUTIONS 1. Resolution No. FY2007 -14 Certifying the FY2007 Shared Fisheries Business Tax Program Application to Be True and Correct. OSWALT moved to adopt Resolution No. FY2007 -14, seconded by WILLIAMS Manager Gifford said this resolution certifies the information contained in the Kodiak Island Borough FY2007 Shared Business Tax Program application to be true and correct. Kodiak Island Borough Assembly Minutes December 7, 2006 Page 349 ROLL CALL VOTE ON MOTION CARRIED Williams, Abell, Friend 2. Resolution No. FY2007 -15 Adopting Years 2007 -2011. UNANIMOUSLY. Jeffrey, Lynch, Oswalt, a Capital Improvement Program for Fiscal WILLIAMS moved to adopt Resolution No. FY2007 -15, seconded by ABELL Manager Gifford reported this resolution compiles the list of capital projects for the Kodiak Island Borough's five year Capital Improvement Program for FY2007 through FY2011. Assembly member Lynch asked staff to develop a supplement booklet with descriptions of all projects. Staff will work on this for the coming year. Assembly member Abell asked to move the transportation projects higher on the list. ABELL moved to amend Resolution No. FY2007 -15 section 1, transportation projects, moving "Pave Woodland Acres" to number 2 on the list and change the amount from $2,000,000 to $2,579,646, seconded by OSWALT ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Lynch, Oswalt, Williams, Abell, Friend, Jeffrey JEFFREY moved to amend Resolution No. FY2007 -15 section 1, transportation projects, moving "Island Wide Marine Transportation System Feasibility Study" to number 3, seconded by WILLIAMS ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Oswalt, Williams, Abell, Friend, Jeffrey, Lynch ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY.: Williams, Abell, Friend, Jeffrey, Lynch, Oswalt After a 12 minute recess, Mayor Selby reconvened the meeting at 9:14 p.m. 3. Resolution No. FY2007 -16 Adopting a State Legislative Capital Improvement Priority List for the Fiscal Years 2007 -2011. WILLIAMS moved to adopt Resolution No. FY2007 -16, seconded by OSWALT Manager Gifford said this resolution lists the priority projects from the Kodiak Island Borough's five year Capital Improvement Program that would be submitted to the Governor and State Legislative Delegation for funding requests for the 2007 Legislative Session. ABELL moved to amend Resolution No. FY2007 -16 to include Bayside VFD Building Addition in the amount of $1,200,000 as item no. 10, seconded by FRIEND ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO TWO: Abell, Friend, Oswalt, Williams (Ayes); Jeffrey, Lynch (Noes) ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Friend, Jeffrey, Lynch, Oswalt, Williams, Abell, Friend Kodiak Island Borough Assembly Minutes December 7, 2006 Page 350 C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -11 Amending Section 902 Tuition Refunds of the Kodiak Island Borough Personnel Manual. OSWALT moved to adopt Ordinance No. FY2007 -11 in first reading to advance to public hearing on January 4, 2007, seconded by FRIEND Manager Gifford noted the Borough negotiated an increase to the reimbursable tuition amount from $1,000 to $1,500 annually with the IBEW. This ordinance amends Section 902 of the Borough Personnel Manual to reflect the increase in the reimbursable tuition from $1,000 to $1,500 per employee per fiscal year. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Williams, Abell, Friend D. OTHER ITEMS 1. Confirmation of Mayoral Appointments of Assembly Representatives to Boards and Committees. JEFFREY, seconded by ABELL, moved to confirm the mayoral appointments of Assembly member representatives to Boards, Committees, Commissions, and Councils as follows: Architectural Review Board Reed Oswalt Joint Building Code Review Committee Reed Oswalt Kodiak College Council Sue Jeffrey Parks and Recreation Committee Chris Lynch Providence Kodiak Island Service Area Community Board (Expires 12/31/08) Pat Branson Providence Kodiak Island Counseling Center Advisory Board Barbara Williams School District Budget Advisory Committee Jerrol Friend School District Facilities Review Committee Tom Abell School District Planning Committee Jerrol Friend Mayor Selby serves on the Emergency Services Council and Economic Development Committee ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Williams, Abell, Friend, Jeffrey 2. Kodiak Island Borough Assembly 2007 Meeting Schedule. WILLIAMS moved to approve the Assembly 2007 Meeting Schedule, seconded by OSWALT ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Williams, Abell, Friend, Jeffrey, Lynch 3. Appointment on the Bay View Road Service Area Board. OSWALT moved to appoint James Schauff to a seat on the Bay View Road Service Area Board for a term to expire October 2009, seconded by ABELL Kodiak Island Borough Assembly Minutes December 7, 2006 Page 351 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Williams, Abell, Friend, Jeffrey, Lynch, Oswalt CITIZENS' COMMENTS Iver Malutin phoned to compliment Service Area No. 1 Board for providing excellent service to the service area. He urged everyone to express support for retaining Kodiak's rural status before the Federal Subsistence Board. ASSEMBLY MEMBER COMMENTS Assembly member Lynch congratulated the Student of the Month awards recipients. She opined the need to move forward with the Solid Waste Comprehensive plan. Assembly member Oswalt was glad to see the Borough moving forward with the Saline and UV systems. Assembly member Jeffrey would like to see the fire departments work together on communications issues. She advocated for the need of adequate sport fields in Kodiak. Assembly member Abell stated Bobby Cox's presentation regarding Solid Waste was informational. He would like to hear from staff regarding the presentation. He looked forward to the Strategic Planning session scheduled for Saturday. He wished everyone a Merry Christmas. Assembly member Friend concurred with Assembly member Abell. He asked for the metallization of the 8000 gallon Fire Guard ® fire -rated above ground fuel storage tank. (Clerk's note: the motion to amend and roll call vote was included under #2, New Business discussion.) Assembly member Williams congratulated the students of the month. Mayor Selby announced the Assembly will meet in Strategic Planning Work Session on Saturday, December 9 at the Kodiak Fisheries Research Center starting at 9 a.m. The Assembly will meet in a work session on Thursday, December 14 at 7:30 p.m. in the Borough Conference Room. The regular meeting scheduled on Thursday, December 21 has been cancelled. ADJOURNMENT JEFFREY moved to adjourn the meeting, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Friend, Jeffrey, Lynch, Oswalt, Williams, Abell The meeting adjourned at 9:51 p.m. ATTEST: Nova M. Javier, CMC, Borough Clerk Approved: January 18, 2007 Kodiak Island Borough December 7, 2006 Jerome M. Selby, 'Mayor Assembly Minutes Page 352