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2013-05-16 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting May 16, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, May 16, 2013, 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. Sergeant Major Dave Blacketer of the Salvation Army gave the Invocation. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Borough Manager Bud Cassidy, Finance Director Karl Short, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES • None. AWARDS AND PRESENTATIONS Mayor Selby proclaimed May 18 through 24, 2013, as Safe Boating Week urging everyone to support the goals of the North American Safe Boating Campaign. Kodiak Chamber of Commerce Economic Development Specialist Joe Bailor provided an annual report and an economic development update. Kodiak Island Convention and Visitors Bureau (KICVB) Executive Director Janet Buckingham provided an annual report and a presentation on the services of the KICVB and Discover Kodiak. Finance Director Karl Short provided a Power Point presentation on the Kodiak Island Borough FY2014 Budget. CITIZENS' COMMENTS Cheryl Brooking, Kodiak Island Borough Attorney, addressed Contract No. FY2013-28 and her availability to answer questions. Ken Knowles, member of the Providence Kodiak Island Medical Hospital Community Advisory Board, recognized Health Care Appreciation Week and Mr. Don Rush's 10`h Anniversary as Chief Administrator of Providence Kodiak Island Medical Hospital. Kodiak Island Borough Assembly Minutes May 16, 2013 Page 1205 Jan Chatto, Board Member for Discover Kodiak, recognized Janet Buckingham and her services with the Kodiak Island Convention and Visitors Bureau, and requested funding for the 2013 mapping project. Jim Rippey, President of Discover Kodiak, requested full funding for the Kodiak Island Convention and Visitors Bureau, and outlined the economic advantages of tourism for Kodiak. David Blacketer, Vice President of the Kodiak Senior Center, thanked the Assembly for their continued support and outlined the different programs offered at the Kodiak Senior Center. COMMITTEE REPORTS Curt Law, Chairman of the Kodiak Island Borough Personnel Board, recommended the Fox Lawson and Associates Classification and Compensation study for the Assembly's approval. Assembly member Lynch reported on the Kodiak Fisheries Work Group meetings of May 20 and May 28 in preparation of the North Pacific Management Council meeting. Assembly member Stutes reported on the Southwest Alaska Municipal Conference (SWAMC) Board meeting and announced the Kodiak Fisheries Advisory Council (KFAC) meeting at the Kodiak College on May 17 at 9 a.m. PUBLIC HEARING • A. Resolution No. FY2014-01 Establishing the Minimum Amount of Funds to Be Made Available From Local Sources for the Kodiak Island Borough School District for the Fiscal Year Beginning July 1, 2013 and Ending June 30, 2014. GRIFFIN moved to adopt Resolution No. FY2014-01. KIBC 3.15.030B provided that the school district submit to the manager the proposed budget and local support requirements for the school district by April 30. The School Board submitted its budget on April 23, 2013, requesting funding in the amount of $10,649,720. Alaska Statutes 14.14.060c provided that if the Assembly did not, within 30 days, furnish the School Board with a statement (resolution) of the sum to be made available, the amount requested in the School Board budget would automatically be approved. Per Borough Code, the Assembly determined the total amount of money to be made available from local sources for school purposes and furnish the School Board with a statement (resolution) of the sum to be made available. KIBC 3.15.050 provided that by June 10 the Assembly would appropriate the amount to be made available from local sources for that purpose in the Borough budget. KIBC 3.35.060E provided that the property tax levy for school and municipal purposes would be separately made and fixed. KIBC 3.60.020 provided that all motor vehicle registration taxes would be allocated to the area wide school system. The Kodiak Island Borough School District requested funding in the amount of$10,649,720 Mayor Selby opened the public hearing. Norman Wooten, Kodiak Island School Board member spoke in support of full funding for the KIBSD 2014 budget. Mayor Selby closed the public hearing. Kodiak Island Borough Assembly Minutes May 16, 2013 Page 1206 At the request of Assembly member Griffin, Superintendent Stewart McDonald reported on the Safety and Security funds received from the State and how the funds would be distributed. GRIFFIN moved to amend Resolution No. FY2014-01 Establishing the Minimum Amount of Funds to Be Made Available From Local Sources for the Kodiak Island Borough School District for the Fiscal Year Beginning July 1, 2013 and Ending June 30, 2014 from $10,250,350 to $10,649,720. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO THREE: Bonney, Griffin, Kaplan, and Lynch (Ayes); Austerman, Stephens and Stutes (Noes). ROLL CALL VOTE ON MOTION AS AMENDED CARRIED FIVE TO TWO: Bonney, Griffin, Kaplan, Lynch, and Austerman (Ayes); Stephens and Stutes (Noes). BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Announced the retirement of Duane Dvorak, Acting Director and Associate Planner, and • Attended the Kodiak Housing Task Force meeting on May 14 at 7 p.m. MESSAGE FROM THE BOROUGH MAYOR Mayor Selby reported on the Construction Housing Group, Coast Guard Housing Group, and the First Time Buyers, all subgroups being addressed through the Kodiak Housing Task Force. Mayor Selby also met with the Alaska Municipal League Board and submitted a summary of the current and future federal legislation to the Assembly. Mayor Selby also encouraged the Kodiak Community to enjoy the Kodiak Crab Festival. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2013-28 Letter of Engagement for Legal Services Associated With the Sale of Revenue Bonds for the Long Term Care Facility. BONNEY moved to authorize the Manager to execute Contract FY2013-28 with Wohlforth, Brecht, Cartledge & Brooking of Anchorage, Alaska for a Letter of Engagement for Legal Services associated with the sale of revenue bonds for the Long Term Care Facility in the amount not to exceed $25,000 plus reimbursable expenses. The law firm of Wohlforth, Brecht, Cartledge & Brooking had provided the Borough bond counsel services in the past. Finance Director Short stated that the services were thorough and professional. Bond counsel services were considered outside of the Borough's contract for general legal services that Wohlforth, Brecht, Cartledge & Brookings provided to the Borough. Kodiak Island Borough Assembly Minutes May 16, 2013 Page 1207 By amending the Agreement for Bond Counsel Services from a fee of $17,500 (per the July 18, 2012 Agreement) with the revised agreement letter dated January 9, 2013, and raising the fee to $25,000 plus expenses, the Borough would be spending over the $25,000 limit under which the Manager had authority. The recent changes to the purchasing code adopted January 17, 2013, also required that the Assembly be notified if the total payment to one contractor exceeded $25,000 for similar types of work in one fiscal year. With the sale of General Obligation bonds for the Kodiak High School Addition and Renovation project by the Borough Attorney's firm, Assembly notification was required. Contract No. FY2013-28 item failed at the last Assembly meeting. Additional information was requested by the Assembly and was part of the current meeting packet from Wohlforth, Brecht, Cartledge & Brooking. • ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Griffin, Kaplan, Lynch, Austerman, and Bonney (Ayes); Stephen and Stutes (Noes). Resolutions 1. Resolution No. FY2013-31 Approving the Village of Karluk and its Native Village Council to Participate in the FY2014 Community Revenue Sharing Program. This item was approved under the consent agenda. The resolution identified Karluk as an unincorporated community that met the Community Revenue Sharing Program eligibility criteria established under AS 29.60.865, AS 29.60.879 and 3 AAC 180.110. Karluk had more than 25 residents and provided fire protection, emergency medical response, water and sewer, solid waste management, and public road maintenance to its residents. 2. Resolution No. FY2011-08B Amending the Composition of the Project Advisory Committee (PAC). This item was approved under the consent agenda. The Borough hired a consultant to work with the community and the Planning and Zoning Commission to update portions of the Borough Code that regulated land division (Subdivision), land regulation (Zoning), and Borough owned property (Borough Real Property). As part of the review, the consultants recommended that there be a committee made up of Kodiak residents who represented a broad cross-section of the community who were familiar with local regulations affecting public and private lands. The committee, known as the Project Advisory Committee (PAC) met more than a dozen times to review the draft codes produced by the code revision process. However, with the need to conclude the project, it appeared that the loss of the participating members would not allow the committee to have a quorum. It was recommended that the PAC membership be amended in order that the core of remaining members most familiar with the draft codes could complete their charge. Ordinances for Introduction 1. Ordinance No. FY2014-01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2013 and Ending on the Thirtieth Day of June 2014 (Fiscal Year 2014 Budget). Kodiak Island Borough Assembly Minutes May 16, 2013 Page 1208 GRIFFIN moved to adopt Ordinance No. FY2014-01 in first reading to advance to public hearing at the next meeting of the Assembly. The ordinance budgeted for FY2014 Revenues and Expenditures for the General Fund, Special Revenue Funds, Debt Service Funds, and Enterprise Funds and added multi-year projects to the capital project funds. The ordinance also set the FY2014 mill and tax rates for commercial aircraft. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Austerman, Bonney, and Griffin. 2. Ordinance No. FY2013-01C Amending Ordinance No. FY2013-01 Fiscal Year 2013 Budget by Amending Budgets to Account for Various Revenues that are Over Budget, Provide for Additional Expenditures, and Move Funds Between Projects. KAPLAN moved to adopt Ordinance No. FY2013-01C in first reading to advance to public hearing at the next regular meeting of the Assembly. General Fund property tax revenues were higher than originally budgeted along with penalties and interest on taxes. State Shared Revenues were at least $392,120 more than originally budgeted; interest earned on investments in the General Fund were approximately $100,000 less than originally budgeted due to poor market conditions; the Borough Manager's Department, Finance Department, IT Department, and the Engineering and Facilities Department allocated less to the landfill; an Engineering Facilities employee suffered long term illness and death and his sick and vacation leave time had to be charged to the Engineering/Facilities Department instead of projects he had been working on; the State of Alaska centralized the Child Care Assistance program so it was no longer administered by the Borough; expenditures in the Building and Grounds Fund - Borough Building were more than budgeted due to staff time spent on maintaining the building; the State Local Emergency Planning Committee grant was $3,114 less than anticipated; the State of Alaska no longer funded the Coastal Management Program; Fiscal Year 2012 interest earnings in the Facilities Fund were slightly less than anticipated leading to a reduction in the amount that could be transferred out for debt service and capital expenditures; Fund 410, Borough Capital Projects had an unreserved fund balance of $517,202 due to projects coming in under budget and interest earnings higher than budgeted; State of Alaska approved all changes to projects that were reimbursed in part by the State; and the Federal Emergency Management Agency (FEMA) made numerous amendments to their grants related to flooding. For Fund 469, Renewal and Replacement Projects, the Borough needed to budget an additional $201,457 for an island-wide underground storage tank removal and replacement; reduced the budget for the Port Lions School underground storage tank removal and replacement project by $82,148; reduced the Larsen Bay and Old Harbor HVAC equipment and controls budget by $545,953; budgeted $545,953 for a new roof on the Larsen Bay School; budgeted $1,547,255 for the Kodiak Middle School HVAC controls; and budgeted $624,427 for Peterson Elementary HVAC controls. AUSTERMAN moved to amend the 2013 budget amendment to include $6,000 for the Discover Kodiak 2013 mapping project. Kodiak Island Borough Assembly Minutes May 16, 2013 Page 1209 ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, Bonney, Griffin, and Kaplan. ROLL CALL VOTE ON THE MOTION AS AMENDED CARRIED UNAINIMOUSLY: Lynch, Stephens, Stutes, Austerman, Bonney, Griffin, and Kaplan. Other Items 1. Declaring a Seat on the Parks and Recreation Committee Vacant (Andy Schroeder). This item was approved under the consent agenda. On Wednesday, April 24, 2013, Mr. Andy Schroeder submitted a letter of resignation for his seat on the Parks and Recreation Committee for a term to expire December 2013. The Assembly accepted, with regret, the resignation of Mr. Schroeder from the Parks and Recreation Committee and directed the Borough Clerk to advertise the vacancy per Borough Code 2. Declaring Seats on the Architectural/Engineering Review Board, Kodiak Regional Workforce Advisory Council, and Planning and Zoning Commission Vacant (Sonny Vinberg). This item was approved under the consent agenda. On Wednesday, May 1, the Clerk's Office received Mr. Sonny Vinberg's resignation letter for his services on the following Borough boards: • Architectural/Engineering Review Board, term expires December 31, 2014 • Kodiak Regional Workforce Advisory Council, Architecture, Construction, and Engineering Designated Seat, term expires December 31, 2013 • Project Advisory Committee, term expires with Committee dissolution • Planning and Zoning Commission, Borough seat, term expires December 31, 2014 The Assembly accepted, with regret, the resignation of Mr. Sonny Vinberg from the Architectural/Engineering Review Board, the Kodiak Regional Workforce Advisory Council, and the Planning and Zoning Commission (Borough seat),, and directed the Borough Clerk to advertise the vacancies per Borough Code. 3. Accepting the Resignations of Project Advisory Committee Members (PAC) (Sonny Vinberg and Janet Buckingham). On April 29, 2013, Ms. Janet Buckingham, Executive Director of Discover Kodiak, provided a letter of resignation of her position at Discover Kodiak. Ms. Buckingham also served on the PAC for the code revision project and due to her departure from Kodiak, there was a need to vacate her seat on the Committee. On May 1, 2013, Mr. Sonny Vinberg tendered his resignation from the PAC. Resolution No. FY2011-08B would amend the composition of the Committee by reducing the number of seats. These seats would not be refilled and no direction was needed for the clerk to advertise the vacated seats. The Assembly accepted, with regret, the resignations of Ms. Janet Buckingham and Mr. Sonny Vinberg from the PAC. Kodiak Island Borough Assembly Minutes May 16, 2013 Page 1210 4. Acceptance of the Fox Lawson and Associate's (FLA) Employee Classification and Compensation Study. KAPLAN moved to accept the Fox and Lawson and Associates (FLA) classification and compensation study conducted for the Kodiak Island Borough, and adopt a new salary placement process found in section 308 of the Personnel Manual. Staff received the completed Classification and Compensation Study from FLA. The study recommended that Borough employees' salary and benefits be based on the market for labor. By keeping up with the market, the Kodiak Island Borough would remain an attractive place to be a career public servant and the citizens of Kodiak could feel comfortable that public employees hired would be competent. Attracting and retaining professional public employees should be a major goal of local government. To do this, the FLA study recommended that a new Salary Range Placement Process be adopted. This new placement process reflected the current market wages and benefits. This effort would be invaluable as the future would bring more rules, regulations and complexities that required a highly educated and experienced workforce. The process enlisted by FLA was comprehensive. All Borough job descriptions were analyzed and the Borough's adopted Personnel Manual and Collective Bargaining Agreement were reviewed. FLA met with employees and requested that position description questionnaires (PDQs) be completed. The PDQ's described each position's essential functions and duties and they were reviewed for consistency and approved by management. Eight Occupational Panels (jobs similar in nature) were convened to gather information on the type of work being performed at each level. The result of these meetings was that FLA revised and developed new job descriptions ensuring all requirements regarding essential functions and minimum qualifications of the position were included, as well as any requirements for additional certifications due to federal or state requirements. The Decision Band Method (DBM) employed by FLA determined the placement of each position classification into an overall Borough job structure. DBM was a highly effective method of objectively evaluating the worth of a job to an organization as well as providing for a consistent and valid approach to comparing and contrasting jobs. Because all jobs require incumbents to make decisions in order to perform their jobs, decision-making was the logical and equitable basis on which to compare jobs within an organization. FLA used many sources to conduct its market analysis of current Borough pay and benefits. Borough job descriptions were compared to other public sector jobs of a similar nature in Alaska as well as in the Lower 48 states. The results showed that overall the average of all current Borough salaries and benefits were generally consistent with the market, but there were a number of positions that were not keeping pace. Lori Messer with FLA provided copies of the final report to the Assembly and presented its findings at the May 9, 2013 Assembly work session. As a result of the effort, it was recommended that the Assembly take the following two actions: (1) Accept the Report, and (2) Implement the Salary and Benefits Recommendation and create a new Salary Range Placement Process. STUTES moved to amend the motion to accept the Fox and Lawson and Associates classification and compensation study conducted for the Kodiak Island Borough. Kodiak Island Borough Assembly Minutes May 16, 2013 Page 1211 ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY: Stephens, Stutes, Austerman, Bonney, Griffin, Kaplan, and Lynch. ROLL CALL VOTE ON THE MOTION AS AMENDED CARRIED UNANIMOUSLY: Stutes, Austerman, Bonney, Griffin, Kaplan, and Stephens. . CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Stephens spoke about local government's responsibility with the housing market and addressed the Borough's way of doing business, i.e., change orders. Assembly member Stutes thanked Janet Buckingham for her services to the Kodiak Community, and Joe Bailor in his economic development efforts. Assembly member Stutes inquired about the Tsunami warnings at Psagshak of Manager Cassidy. Assembly member Griffin thanked the Borough Assembly for its support of education. Assembly member Kaplan thanked Janet Buckingham, Joe Bailor, and Karl Short for their presentations. Assembly member Austerman extended wishes to Janet Buckingham in her departure, Duane Dvorak in his upcoming retirement, and announced the meeting of Emerging Leaders Dialogue in Kodiak sponsored by the Institute of the North. Announcements The Borough offices would close on Monday, May 27, in observance of the Memorial Day Holiday. The Assembly would hold a joint work session with the Kodiak City Council on Tuesday, May 28 at 7:30 p.m. in the Borough Assembly Chambers. The next Assembly work session would be held Thursday, May 30 at 7:30 p.m. in the Borough Conference Room and the next regular meeting was scheduled on Thursday, June 6 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, Stevens, and Stutes. The meeting was adjourned at 10:20 p.m. KODIAK ISLAND BOROUGH ATTEST: Jere e M. Selby, Mayor -4411/4 Nova M. Javier, MMC, rough Clerk Approved on: June 20, 2013 Kodiak Island Borough Assembly Minutes May 16, 2013 Page 1212