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2014-07-03 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting July 3, 2014 A regular meeting of the Kodiak Island Borough Assembly was held on July 3, 2014, 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. Deputy Presiding Officer Bonney led the Pledge of Allegiance, Present were Deputy Presiding Officer Tuck Bonney Assembly members Carol Austerman, Dave Kaplan, Chris Lynch, Frank Peterson, Jr., and Mel Stephens. Also present were Borough Manager Bud Cassidy, Clerk Nova Javier, and Assistant Clerk Angela MacKenzie. KAPLAN moved to excuse Mayor Friend and Assembly member Griffin who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA PETERSON moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES AUSTERMAN moved to approve the Regular Meeting Minutes of June 5 and June 19, 2014, ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Kaplan,. Lynch, Peterson, and Stephens. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS Lorna Arndt mentioned issues with the Assembly Chambers phone system and spoke to garbage issues. COMMITTEE REPORTS Chastity Starrett, Discover Kodiak (Kodiak Island Convention and Visitors Bureau) Director, provided a quarterly report to the Borough. Assembly member Lynch reported on the Kodiak Fisheries Work Group meeting of June 25, 2014. She announced the next scheduled meetings would be July 9, July 24, and August 20„ 2014. Assembly member Austerman reported on the Southwest Alaska Municipal Conference (SWAMC) Comprehensive Economic Development Strategy Document and urged the public to comment by going to the website at swamc.org. PUBLIC HEARING 1. Ordinance No. FY2014-19 Requesting the Inclusion of the Newly Constructed Residence Kodiak Island Borough Assembly Regular Meeting Minutes July 3, 2014 Page 1384 Located at Lot 8, Block 1, Lakeside Subdivision First Addition and the Residence Located at Lot 7, Block 2, Akhiok Townsite in the Existing Payment in Lieu of Tax (PILT) Agreement with Kodiak Island Housing Authority. LYNCH moved to adopt Ordinance No. FY2014-19. Kodiak Island Housing Authority (KIHA) had sought Assembly approval for an extension of the existing PILT agreement to include the newly constructed single family residence located at Lot 8, Block 1, Lakeside Subdivision First Addition and the residence located at Lot 7, Block 2, Akhiok Townsite. In the weeks between the Introduction of the Ordinance and the public gearing, KIHA informed the Borough Assessor that the units would be sold directly to two parties and KIHA would not be holding the fee simple property rights to the parcel as they do with other units under the PILT program. Because these property rights were being relinquished by KIHA, the process of paying PILT vs. paying the property taxes to the Borough were no longer an issue. The new property owners would be paying property and road service taxes. Due to the new information, staff recomended the failure of Ordinance FY2014-19. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Austerman, Bonney, Kaplan, Lynch, Peterson, and Stephens. 2. Ordinance No. FY2014-20 Amending Title 2 Administration and Personnel Chapter 2.30 Rules of the Assembly Section 2.30.080 Decorum in Debate Section 2.30.090 Citizens' Rights. PETERSON moved to adopt Ordinance No. FY2014-20. The ordinance was requested and cosponsored by Assembly members Austerman and Lynch. It was reviewed by the Borough Attorney and the legal opinion was on file and available to the Mayor and Assembly in the Clerk's Office. The intent of the ordinance was to establish proper decorum during Assembly meetings. Borough code and Alaska Statutes provided reasonable opportunity for the public to be heard. "Reasonable opportunity" meant that reasonable restrictions were allowed such as time limits and decorum rules. Every person should be allowed to state their positions in an atmosphere free of slander, libel, and threats of violence. Every person should be referred to in a respectful manner confining remarks to the merits of the pending questions and avoiding personalities. The ordinance would provide tools for the Assembly to conduct efficient and orderly meetings. STEPHENS moved to amend Ordinance No. FY2014-20 by deleting the sentence "Every person while speaking shall avoid personalities, and under no circumstances can a person attack or question the motives of another person" as it appears both in lines 57-59 and lines 128-129, and adding "This section shall not, however, be invoked or construed so as to restrict, preclude or in any manner sanction or penalize speech or other expressive action which does not actually and significantly disrupt, disturb or otherwise impede the orderly conduct of an Assembly meeting" both to Section 2.A (at line 62) and to section 3.E (at line 137). Motion died due to a lack of a second. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Bonney, Kaplan, Lynch, Peterson, and Austerman (Ayes); Stephens (No). Kodiak Island Borough Assembly Regular Meeting Minutes July 3, 2014 Page 1385 BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Announced a meeting with Bob Foy and Paul Dormus of the National Oceanic and Atmospheric Administration (NOAA) for the purpose of renewing a lease contract at the Kodiak Fisheries Research Center(KFRC) on Monday, July 7 at 10 a.m. • He would be a part of a panel presenting at the Earthquake Engineer's Conference in Anchorage, Alaska on July 21 and Assessor Bill Roberts would be would serve as the Administrative Official in his absence. • He had coordinated the annual meeting with Lobbyist Mark Hickey, Senator Stevens, and Representative Austerman or members of their staff to attend the August 28 Assembly work session to discuss the Capital Improvement Projects list. MESSAGES FROM THE MAYOR Deputy Presiding Officer Bonney wished everyone a safe and happy July 4th holiday. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2015-01 Providence Kodiak Island Counseling Center Services to Kodiak Island Borough School District for School Year 2014-2015. LYNCH moved to authorize the manager to execute Contract No. FY2015-01 with Providence Kodiak Island Counseling Center of Kodiak, Alaska to provide mental health services for the 2014-2015 school year in an amount not to exceed $381,350. Attached was the agreement between the Kodiak Island Borough and Providence Kodiak Island Counseling Center setting forth the terms and conditions pursuant to providing mental health services for Kodiak Island Borough schools. The contractor had worked with the School District to identify and document a mutual understanding of the program's scope and requirements with a focus on ensuring the greatest amount of quality service within the budgeted amount of $381,350. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Peterson, Stephens, Austerman, and Bonney. 2. Contract No. FY2015-04 Destination Marketing and Tourism Development Services for FY2015. LYNCH moved to authorize the Manager to execute Contract No. FY2015-04 with Discover Kodiak for Destination Marketing and Tourism Development Services for fiscal year 2015 in the amount of$75,000. Discover Kodiak, formerly the Kodiak Island Convention and Visitor's Bureau, provided destination marketing and tourism development for the Kodiak Island Borough for several years through its Marketing Committee. Funding from the Borough and City of Kodiak was used to support these services. The Borough funds Discover Kodiak from the Borough's bed tax revenue. The contract renewed the relationship for the 2015 fiscal year. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Stephens, Austerman, Bonney, and Kaplan. Kodiak Island Borough Assembly Regular Meeting Minutes July 3, 2014 Page 1386 Resolutions None. Ordinances for Introduction None. Other Items 1. Waive and Release Attorney-Client Privileged Documents With Respect to the Facilities Inter-fund Loans. LYNCH moved to waive any and all privileges of confidentiality, including the attorney-client privilege, associated to the borough attorney's communications on the facilities inter-fund loans and to release documents to the public. The agenda item was requested by Assembly member Stephens for the purpose of waiving any and all privileges of confidentiality, including the attorney-client privilege associated to the borough attorney's communications on the facilities inter-fund loans. The waiver included releasing the documents to the public. ROLL CALL VOTE ON MOTION FAILED FOUR TO TWO: Peterson, Austerman, Kaplan, and Lynch (Noes); Stephens and Bonney (Ayes). CITIZENS' COMMENTS Chastity Starrett, Discover Kodiak Director, thanked the Assembly for its continued support. ASSEMBLY MEMBERS' COMMENTS Assembly member Stephens announced his term on the Assembly was expiring and he did not intend to seek re-election and encouraged members of the community to run for office. Assembly members Austerman, Kaplan, Peterson, and Lynch wished everyone a safe and happy Independence Day. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Austerman, Bonney, Kaplan, Lynch, and Peterson. The meeting was adjourned at 8:30 p.m. KODI IS D O OGH ATT T: b rol Friend, 106yor Nova M. Javier, MMC, Bor gh Clerk Approved on: August 7, 2014 Kodiak Island Borough Assembly Regular Meeting Minutes July 3, 2014 Page 1387