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