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2000-06-01 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting June 1, 2000 A regular meeting of the Kodiak Island Borough REGULAR MEETING Assembly was held June 1, 2000 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. There were present: ROLL CALL Mayor: Gary L. Stevens Assemblymembers: Tom Abell Robin Heinrichs Scott Arndt Greg Spalinger Pat Branson Darlene Turner Tuck Bonney (arrived at 8:13 p.m.) comprising a quorum of the Assembly; and Dave Jensen, Manager Patti Kirkpatrick, Deputy Clerk Karl Short, Finance Director Assemblymember Bonney would be late and asked to be excused. HEINRICHS, moved to excuse seconded by ARNDT Assemblymember Bonney. VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote APPROVAL OF AGENDA APPROVAL OF AGENDA SPALINGER, moved to approve the seconded by BRANSON agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote Regular Assembly Meeting Volume XXVI June 1, 2000 Page 77 APPROVAL OF MINUTES APPROVAL OF MINUTES 1. Kodiak Island Borough Assembly Regular Meeting of May 16, 2000. ARNDT, moved to approve the seconded by TURNER minutes of May 16, 2000. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS CITIZENS' COMMENTS Steve Rounsaville urged the Assembly to form a task force to explore funding sources for education. Mike Milligan spoke of HB 124 that would initiate a three percent income tax. COMMITTEE REPORTS COMMITTEE REPORTS None. PUBLIC HEARING PUBLIC HEARING 1. Ordinance No. 2000-10 Levying Taxes on All ORDINANCE Taxable Real and Personal Property Within the NO. 2000-10 Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2000 and Ending on the Thirtieth Day of June 2001 (2001 Fiscal Year Budget). TURNER, moved to adopt seconded by BRANSON Ordinance No. 2000-10. Manager Jensen said this authorized the expenditure of funds in FY 2001 from the General Fund, Special Revenue fund, Debt Service Fund, Capital Project Fund, Enterprise Fund, and Internal Service Fund. Funds were derived from taxes levied on real and personal property within the Borough and on natural resources extracted and removed from the Borough. Mayor Stevens opened the public hearing. Regular Assembly Meeting Volume XXVI June 1, 2000 Page 78 Mike Milligan encouraged the Assembly to consider a 1/4 mill increase that would generate $44.25 annually on a $178,000 home. He felt this would offset declining revenues and help fund education. He could see a decline in teachers' health care becoming more costly to the community in the future. He asked the Assembly to address future education needs. Karina Vanderleest urged the Assembly to fund the Airport Fire Protection Area as the lack of first response service would be detrimental to her business and she needed to find a solution for the Department of Defense (DOD) . Paul Alexander phoned in support of continued funding to the Kodiak Womens Resource and Crisis Center. He said funds were used to hire an outreach coordinator. Mayor Stevens said the Assembly would hear comments on non-profit funding at the June 29 work session. Betty Walters, School District superintendent, said the schools could use additional funds. She thanked the Assembly for their support. Mike Waller phoned in opposition to raising taxes. He encouraged the school district to look at reducing health care costs, positions, and programs. Joey Hutcherson appreciated the Assembly allowing students to speak to their future. Lorna Arndt phoned in opposition to raising taxes and cutting teachers. She felt the school district should reduce travel, especially to villages for graduation ceremonies. Renee Darrenka= and Mary Jane Krainak favored raising taxes to support education. Nancy Spool felt the community lost trust in government spending. She said students benefited from welding and shop programs; however, few students benefited from athletic travel. Mayor Stevens understood the school district's need for more funding; however, the compromise was level funding and an additional $400,000. He said the additional funding was possible due to federal payment -in -lieu -of -taxes and it was unlikely that the Borough would receive anymore. Regular Assembly Meeting Volume XXVI June 1, 2000 Page 79 Mayor Stevens closed the public hearing and reconvened the regular meeting. Director Short noted the need to correct Fund 254 to reflect an increase from $15,415 to $28,010. That would also increase the Total Special Revenue Funds from $7,259,457 to $7,272,052 and the TOTAL ALL FUNDS from $26,865,975 to $26,878,570. HEINRICHS, seconded by BRANSON moved to amend Ordinance No. 2000-10 to increase the KID Airport Fire Protection Area, Fund 254, to $28,010, the Total Special Revenue Funds to $7,272,052, and the TOTAL ALL FUNDS to $26,878,570. Assemblymember Spalinger had opposed increased Airport Fire Protection Area funding as the city had never responded to a fire call yet fees were doubled without justification. He noted; however, that he wanted to support Kodiak Transfer. Manager Jensen noted that the contract relating to that issue was on the agenda. He had not received the requested justification from the city; however, he recommended accepting the increase at this time. VOTE ON MOTION AS AMENDED Ayes: Noes: MOTION CARRIED Arndt, Bonney, Branson, Heinrichs, Spalinger, Turner, Abell None Unanimous Responding to Assemblymember Heinrichs, Manager Jensen said there was a strike -out of the City of Kodiak millage rate on page 6 until the city's mill rate was set by resolution. By city ordinance, the Borough would collect the tax after receipt of the resolution that state law required by June 15. BONNEY, seconded by SPALINGER moved to amend Ordinance No. 2000-10 by reducing the fire marshall fee by $20,000 to be placed in the general fund. Regular Assembly Meeting Volume XXVI June 1, 2000 Page 80 Assemblymember Bonney said the City had not justified the increase and felt it was inappropriate to pay. Assemblymember Arndt clarified that placing the funds in the general fund reduced the use of fund balance from $142,520 to $122,520. In response to Assemblymember Heinrichs, Manager Jensen said it appeared funding was in the building inspection agreement between the city and Borough. VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED Bonney, Branson, Heinrichs, Spalinger, Turner, Abell, Arndt None Unanimous Assemblymember Spalinger was concerned about emergency medical services. He felt the city was double taxing its residents. SPALINGER, moved to amend Ordinance seconded by BONNEY No. 2000-10 to transfer $65,000 from Contracted Services to Contributions. Assemblymember Branson wanted to talk with the City before reducing funding. She was unsure of the ramifications and did not support the amendment. Manager Jensen said the $65,000 contribution to the ambulance was placed in the non-profit funds under Health and Sanitation. That let the Assembly fund or not fund the ambulance without amending the budget. Assemblymember Heinrichs supported the amendment that placed $65,000 in the non-profit pool of funds. VOTE ON MOTION TO AMEND Ayes: Branson, Heinrichs, Spalinger, Turner, Abell, Arndt, Bonney Noes: MOTION CARRIED None Unanimous Regular Assembly Meeting Volume XXVI June 1, 2000 Page 81 SPALINGER, seconded by ARNDT moved to amend Ordinance No. 2000-10 to transfer $65,000 from Health and Sanitation under contributions to the general fund to reduce the use of fund balance. Assemblymember Spalinger said the Borough donated to EMS, and he opposed giving double taxed funds to the city. Assemblymember Bonney agreed and felt justification was needed to make an informed decision. He wanted to talk with the city as he felt Borough residents paid for ambulance service through city sales tax. Assemblymember Turner agreed, noting that the Assembly should not blindly provide funding without discussion. However, she wanted the funds in non- profits so they were readily available for use. Assemblymembers Heinrichs, Abell, and Branson agreed, noting the Assembly had no obligation to fund EMS; however, the funds could be used for non -profits. Assemblymember Bonney saw this as a clear message to the city that the Borough would not pay without justification for the need. Assemblymember Spalinger opposed deficit spending and felt the reduction would help balance the Borough's budget. VOTE ON MOTION TO AMEND Ayes: Noes: MOTION FAILED Spalinger, Arndt, Bonney Heinrichs, Turner, Abell, Branson 3 Ayes; 4 Noes Assemblymember Branson thanked staff for a good budget. She appreciated the opportunity to provide more funding to the school district and to maintain funding to non -profits without increasing taxes. Assemblymember Abell was glad to provide more funds to the school district from PILT monies and increased property assessment. Regular Assembly Meeting Volume XXVI June 1, 2000 Page 82 Assemblymember Spalinger said the mill rate was not raised; however, each year one-third of property was increased through reassessments. Assemblymember Arndt said the school budget was a major portion of the Borough budget and he was pleased with the additional funding. He opposed deficit spending, noting that there was no support for additional reductions to the budget. Assemblymember Bonney was pleased with the budget and felt the Assembly was fiscally responsible. He opposed raising taxes, but felt discussion was needed. He appreciated the manager's guidance during the budget process. Assemblymember Turner thanked Manager Jensen noting this was her first time through the budget process and it was educating. She urged continued cooperation to make Kodiak a better place to live. BOROUGH MANAGER'S REPORT MANAGER'S REPORT Manager Jensen thanked Director Short and staff for their work on the budget. He attended a meeting with the Comprehensive Economic Development Strategy Committee. He noted the planned cannery in Port Lions was an exciting concept, which he hoped would happen. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM THE MAYOR Mayor Stevens met with the Department of Agriculture about their interest in the Pasagshak area. UNFINISHED BUSINESS UNFINISHED BUSINESS None. NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 2000-07 Maintenance of the CONTRACT Recreation Facilities Located at the End- NO. 2000-07 of -the -Road in Monashka Bay. ARNDT, moved to approve Contract seconded by HEINRICHS No. 2000-07 with Alaska State Parks in an amount not to exceed $14,100. Regular Assembly Meeting Volume XXVI June 1, 2000 Page 83 Manager Jensen said this renewal contract with the Alaska State Parks was for maintenance of recreation facilities at the end -of -the -road in Monashka Bay. VOTE ON MOTION TO APPROVE Ayes: Noes: MOTION CARRIED Spalinger, Turner, Abell, Arndt, Bonney, Branson, Heinrichs None Unanimous 2. Contract No. 2000-08 Kodiak Island Borough CONTRACT and City of Kodiak for Animal Control. NO. 2000-08 BRANSON, moved to approve Contract seconded by TURNER No. 2000-08 with the City of Kodiak in an amount not to exceed $52,000. Manager Jensen said this was the annual animal control contract with the city. VOTE ON MOTION TO APPROVE Ayes: Abell, Arndt, Bonney, Branson, Heinrichs, Spalinger, Turner Noes: None MOTION CARRIED Unanimous 3. Contract No. 2000-09 Fire Protection CONTRACT Agreement for the Kodiak Island Borough NO. 2000-09 Airport Fire Protection Service Area with the City of Kodiak. TURNER, moved to approve Contract seconded by ABELL No. 2000-09 with the City of Kodiak in an amount not to exceed $28,337. Manager Jensen said the City of Kodiak requested this one-year agreement to provide first response fire protection in the KIB Airport Fire Protection Service Area. Assemblymember Arndt was disturbed that the city doubled the fees without any increased emergency Regular Assembly Meeting Volume XXVI June 1, 2000 Page 84 response activity in the area. He wanted discussion with the city prior to approving the contract. ARNDT, seconded by SPALINGER moved to postpone Contract No. 2000-09 to July 6, 2000. Assemblymember Arndt wanted to discuss with the city the possibility of paying on a per call basis. In response to Mayor Stevens, Manager Jensen said the budget included the payment and postponing would be as detrimental to the area as not paying. He noted the current contract expired June 30. Assemblymember Spalinger opposed paying; however, his concern was that postponing would leave the area without coverage and force one business to close. Assemblymember Arndt's motion to postpone Contract No. 2000-09 to a special meeting on June 29, 2000, failed for lack of a second. Assemblymember Turner supported the contract even without justification because the Borough indemnified the city from liability. Assemblymember Bonney felt forced to sign a contract to keep a business open. He noted the Coast Guard, not the city, would be the first responder. He opposed paying for services with no justification and urged the Assembly and city to work together to serve the needs and interests of the community. Assemblymember Arndt concurred, noting he looked forward to meeting with the city on June 20. Assemblymember Heinrichs wanted to approve the contract to give the business owner time to find a solution. Assemblymember Branson concurred with Assemblymembers Heinrichs and Bonney, noting that it was difficult to pay a bill without proper back-up. VOTE ON MOTION TO POSTPONE Ayes: Noes: Arndt Bonney, Branson, Heinrichs, Spalinger, Turner, Abell Regular Assembly Meeting Volume XXVI June 1, 2000 Page 85 MOTION FAILED VOTE ON MOTION TO APPROVE Ayes: Noes: MOTION CARRIED B. RESOLUTIONS None. 1 Ayes; 6 Noes Arndt, Bonney, Branson, Heinrichs, Spalinger, Turner, Abell None Unanimous C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS 1. Mayoral Appointment to the Architectural Review Board/Building Code Board of Appeals. HEINRICHS, moved to confirm the seconded by SPALINGER mayoral appointments of Charles Jerling to a one- year seat expiring December 2001 and Jerrol Friend to a two-year seat expiring December 2002 on the Architectural Review Board/Building Code Board of Appeals. Deputy Clerk Kirkpatrick noted there were two vacancies and this would provide a full quorum. VOTE ON MOTION TO CONFIRM Ayes: Branson, Heinrichs, Spalinger, Turner, Abell, Arndt, Bonney Noes: None MOTION CARRIED Unanimous CITIZENS' COMMENTS None. Regular Assembly Meeting June 1, 2000 RESOLUTIONS ORDINANCES FOR INTRODUCTION OTHER ITEMS APPOINTMENT TO ARCHITECTURAL REVIEW BOARD CITIZENS' COMMENTS Volume XXVI Page 86 ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Abell said teachers deserved a fair wage; however, he hoped for flexibility in their contract negotiations. The Shuyak Fund was growing and he hoped to use it in the near future. He urged the city, schools, and borough to work together. Assemblymember Heinrichs thanked Manager Jensen for helping the City of Port Lions secure their fish cooperative. He said economic stability was vital to small communities and encouraged the manager to continue to provide assistance. Assemblymember Arndt felt more funding could have been found for education; however, he said there was limited support to contribute more now. He thanked Manager Jensen and staff for the budget. Assemblymember Branson was glad the budget process was over. She thanked staff and looked forward to working with the long-term funding task force. Assemblymember Bonney felt the community faced difficult decisions in the near future. He favored reviewing a 1/4% sales tax that would exempt food items. He was interested in unifying the fire districts to resolve problems associated with Contract No. 2000-09. He was interested in unifying the City of Kodiak and the Borough into one voice for the betterment of the community. EXECUTIVE SESSION EXECUTIVE SESSION A. Pending Litigation on Jane Doe vs the Kodiak Island Borough. PENDING LITIGATION ON HEINRICHS, moved to convene into JANE DOE vs THE seconded by BRANSON executive session to KIB discuss pending litigation on Jane Doe vs the Kodiak Island Borough. VOTE ON MOTION Ayes: Heinrichs, Spalinger, Turner, Abell, Arndt, Bonney, Branson Noes: None Regular Assembly Meeting Volume XXVI June 1, 2000 Page 87 MOTION CARRIED Unanimous Mayor Stevens adjourned the regular meeting to convene into executive session and invited the manager and deputy clerk. Mayor Stevens reconvened the regular meeting at 9:40 p.m. and announced no action would be taken as a result of the executive session. ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 9:40 p.p?c.- ATTEST: 'ri 1� 'iz� Judith A. Niel en, CMC Borough Clerk Regular Assembly Meeting June 1, 2000 GayL. Malvor Approved: 07/06/2000 ADJOURNMENT Volume XXVI Page 88