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2008-03-20 Regular MeetingKodiak Island Borough Assembly Regular Meeting Minutes March 20, 2008 A regular meeting of the Kodiak Island Borough Assembly was held March 20, 2008 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 5 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Present were Mayor Jerome Selby, Assembly members Pat Branson, Sue Jeffrey, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. Assembly members Abell, Friend, and Oswalt were out on personal leave. STUTES moved to excuse Assembly members Abell, Friend, and Oswalt. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY. The following were approved under consent agenda: • Resolution No. FY2008 -31 Supporting House Bill No. 373, an Act Extending Specified Public School Bond Debt Reimbursement and Providing for an Effective Date. • Introduction of Ordinance No. FY2008 -18 Rezoning Three (3) Parcels of Land on Spruce Island Totaling Approximately 157 Acres From C- Conservation To LI -Light Industrial (P &Z Case 08 -017) to public hearing on April 3, 2008. • Introduction of Ordinance No. FY2008 -19 Rezoning Two Lots in Chiniak Totaling Thirteen (13) Acres From C- Conservation To RNC -Rural Neighborhood Commercial. APPROVAL OF MINUTES A. Regular Meeting of February 21, 2008 and Special Meeting of March 3, 2008. BRANSON moved to approve the minutes as submitted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Kodiak Island Borough Assembly Minutes March 20, 2008 Page 524 AWARDS AND PRESENTATIONS Manager Gifford presented the Employee of the Year Award to Jessica Kilborn, Assistant Clerk in the Borough Clerk's Office. Manager Gifford presented a five -year Longevity Award to Kirsten Galliher, Assessment Clerk II in the Assessing Department and a ten -year Longevity Award to Bob Nimes, Fire Chief at the Bayside Fire Hall. Mayor Selby presented Student of the Month Award to Nathan Wolford, a senior at Danger Bay School. Mayor Selby proclaimed the Month of March 2008 as National "Women's History Month," urging residents to increase their knowledge and appreciation of the valuable role women play in our lives. CITIZENS' COMMENTS Shawn Dochtermann asked the Assembly to adopt a resolution urging the North Pacific Fishery Management Council (NPFMC) to designate a placeholder for crewmembers to speak on crew issues at the next NPFMC meeting. Tom Quick spoke in support of Ordinance No. FY2008 -18. Andy Janus spoke in opposition of Ordinance No. FY2008 -19. John Miller thanked the Assembly for its decision regarding the garbage issue at Chiniak. He commented on Ordinance No. FY2008 -19. Ernie Scheidler commented on Ordinance No. FY2008 -19. COMMITTEE REPORTS Assembly member Jeffrey reported on the Kodiak Fisheries Advisory Committee. Assembly member Lynch reported on the Solid Waste Advisory Board. Assembly member Branson reported on the Providence Health Care Needs Assessment. PUBLIC HEARING A. Ordinance No. FY2008 -15 Amending Kodiak Island Borough Code of Ordinances Sections 2.39.070 Declaring and Filling Vacancies in Title 2; Section 4.15.040 Vacancies in Title 4; and Section 2.43.02 Appointment, Terms, and Procedures in Title 2. BRANSON moved to adopt Ordinance No. FY2008 -15. Kodiak Island Borough Assembly Minutes March 20, 2008 Page 525 This ordinance was requested by Assembly member Branson. Different sections of the Kodiak Island Borough Code for declaration of vacancies for service area boards and other boards, committees, and commissions are inconsistent with one another and this ordinance will amend this inconsistencies. This would also correct Section 2.43.020, Parks and Recreation Committee vacancies which should refer to KIBC 2.16.060 instead of KIBC 2.39.070. Mayor Selby opened the public hearing. Hearing and seeing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Lynch, and Stutes. B. Ordinance No. FY2008 -16 Amending Kodiak Island Borough Code of Ordinances Title 5 Business Licenses and Regulations Chapter 5.01 Liquor Licenses Section 5.01.030 New License and Transfer Procedure. JEFFREY moved to adopt Ordinance No. FY2008 -16. There has been a misinterpretation that public hearing notices need not be sent if the location for a new license remains the same. This ordinance will clarify KIB section 5.01.030, based on attorney's review, that a transfer from one person to another of a liquor license would be considered by KIB a request for a new liquor license and should follow procedures stated in this section of the code. Mayor Selby opened the public hearing. Hearing and seeing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Stutes, and Branson. C. Ordinance No. FY2008 -17 Amending Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.020 Qualification and Election of Borough Mayor and Chapter 2.16 Borough Assembly Section 2.16.020 Term, Section 2.16.050 Oath Deputy Presiding Office and Creating Section 2.16.030 Assembly Oath of Office. STUTES moved to adopt Ordinance No. FY2008 -17. Current Borough code was clear when the regular term of office begins for an elected Mayor; however, it did not address newly elected Assembly members. This ordinance was proposed to make the code sections consistent for the Mayor and Assembly members. Section 2.16.050 current wording was too restrictive by not allowing newly elected Assembly members to take their oath outside of the first regular meeting date following each borough election. Mayor Selby opened the public hearing. Hearing and seeing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, and Jeffrey. Kodiak Island Borough Assembly Minutes March 20, 2008 Page 526 D. Ordinance No. FY2008 -01 C Amending Ordinance No. FY2008 -01 Fiscal Year 2008 Budget by Moving Money Between Funds, Amending Budgets to Provide for Additional Expenditures and Budgeting for Several Grants. BRANSON moved to adopt Ordinance No. FY2008 -01 C. Manager Gifford reported that this ordinance would: • Increase the Borough's general fund revenues and expenditures by $20,000 for a pass through grant from the State of Alaska to the Village of Karluk. • Increase the MIS department budget by $30,000 to provide electronic tablets (laptop computers) to the Borough Assembly. • Add $5,500 to the budget for North Star School lighting. • Budget a contribution of $110,331 to fulfill the matching requirements of the Federal North Star Trails Grant ($1,221,831). • Move $27,640 in excess funding for building insurance back to the Facilities Fund. • Establish a project for the Peterson Elementary School seismic project and the State grant that funds it. • Provide $50,000 for preliminary work on the High School Gym seismic project. • Establish the Kodiak Middle School (KMS) Seismic Upgrade, Phase 11 project and budgets $2,700,000 to complete the budget. • Establish the Ouzinkie Sprinkler System and budgets $330,000 to complete the project. • Establish the Ouzinkie Generator Replacement and budgets $88,000 to complete the project. • Increase the budget for anticipated interest earnings to $3,633,918. • Transfers $390,000 from the Hospital Enterprise fund to Fund 495, Hospital Capital Projects. It was necessary to amend the ordinance to increase the budget for project 08003, High School Soil Remediation by $100,000 to cover cost overruns. BRANSON moved to amend Ordinance No. FY2008 -01 C by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Jeffrey, Lynch, and Stutes. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Stutes, Branson, Jeffrey, and Lynch. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Legislature passed its 60 -day mark. • Reports from the Lobbyists were distributed in the Assembly's mail. • Reported on the "three- legged stool" comprised of education, revenue sharing, and PERS/TRS. Kodiak Island Borough Assembly Minutes March 20, 2008 Page 527 • The supplemental appropriation projects that were vetoed last year. • Municipal bonds of $8M received premium discount, $43K added to the $8M, at 4.6% interest rate. • Updates to several KIB projects. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on the following: • The KIB /City Joint Legislative Reception was very well attended. • Governor Palin's attendance of the reception. • The Congressional debate that will happening during Comfish. • Announcement of Comfish happening in Kodiak. UNFINISHED BUSINESS — None. NEW BUSINESS Contracts A. Contract No. FY2008 -28 Authorizing the Manager to Enter Into a Long Term Lease with the State of Alaska Department of Military Affairs for Pool Purposes. BRANSON moved to approve Contract No. FY2008 -28 authorizing the Manager to enter into a long -term lease with the State of Alaska Department of Military Affairs for pool purposes. This resolution authorizes the manager to sign documents allowing the Kodiak Island Borough to assume the City of Kodiak position as lessee in a 1965 lease with the Alaska Department of Military Affairs on State Land (a.k.a. Armory) identified for pool purposes. This new lease involved the same parcel of property that the Borough "assumed" from the City of Kodiak and will, among other things, extend the term of the old lease from December 2020 to 2062. This new term would secure a long -term lease on the site that the new pool will be constructed and protect the Borough's financial investment in the facility. The other terms and conditions of the new lease are favorable to the Borough. As an example, no rent fee will be charged. There are a number of conditions of approval in the new lease that the National Guard wanted to maintain from the original 1965 lease. Most important to the National Guard was the ability to utilize the facilities on occasion. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Stutes, and Branson. B. Contract No. FY2007 -11A Amending Contract No. FY2007 -11 Architectural and Engineering Services for KMS Seismic Upgrade, KHS Library Seismic Upgrade, KHS Gym Seismic Upgrade, KHS /KMS Complex IRMA Roof Upgrade, KHS Learning Center, KHS Exterior Insulation and Window Replacement, KHS Vocational Center Renovation and KHS Pool Reclamation. Kodiak Island Borough Assembly Minutes March 20, 2008 Page 528 JEFFREY moved to authorize the Manager to execute Contract No. FY2007 -11A with Jensen, Yorba and Lott of Juneau, Alaska. The KIBSD recently compiled a study of the Kodiak High School facility, which included a comprehensive evaluation of building deficiencies and needs regarding educational program. Findings of the report describe numerous design and condition deficiencies that interfere with student learning. The district has requested that KIB enlist the services of a design professional to further evaluate facility needs at Kodiak High School and provide conceptual options for consideration by the community. KIB has the architectural firm Jensen Yorba Lott under contract to provide A/E services for the KHS Voc -Ed Renovation and Pool Reclamation project. In order to accommodate the KIBSD request, staff recommended authorizing a Change in Services agreement to include Condition Survey, Education Specification, Conceptual Design Alternatives, and Campus Master Plan for a lump sum price of $126,908. The proposed Change in services will not increase the amount of the contract. Rather, this change will modify emphasis between categories of work within the existing contract. By approving this change the Borough will broaden the focus of design work from the KHS Voc -Ed Renovation and Pool Reclamation Project to a broader study of the entire campus at a conceptual level. Should the options provided by the study be rejected and a return to the original project prevail, additional funding will be needed for A/E services to complete the original project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, and Jeffrey. Resolutions A. Resolution No. FY2008 -30 Requesting North Pacific Fishery Management Council Consideration of Kodiak Community Concerns in the Pending Analysis of the BSAI Crab Rationalization Program. JEFFREY moved to adopt Resolution No. FY2008 -30. In October 2007, the North Pacific Fishery Management Council (NPFMC) reestablished its "Crab Advisory Committee" and created positions for community representatives and crew members on the Committee. City of Kodiak Manager Freed was appointed to the Committee upon the recommendation of the Kodiak City Council and the Kodiak Island Borough Assembly. At about the same time, the Crewmen's Association requested that the Kodiak City Council and the Kodiak Island Borough Assembly pass a resolution supporting their efforts before the NPFMC related to the BSAI crab rationalization program. The Crewmen's Association's resolution was referred to the Kodiak Fisheries Advisory Committee (KFAC) for review and comment. In late December, the KFAC substantially revised the resolution and returned it to the City and Borough for consideration. Since then, the Crab Advisory Committee and the NPFMC have met and discussed the crab rationalization program at length. As a result of actions at these meetings, this resolution has been drafted that attempts to address the concerns of the Crewmen's Association and the KFAC and to recognize the status of the BSAI crab rationalization program at the NPFMC. Kodiak Island Borough Assembly Minutes March 20, 2008 Page 529 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Jeffrey, and Lynch. Ordinances for Introduction • Two items were approved under consent agenda. Other Items A. Assembly Appointment to the Mission Lake "Tidegate" Service Area Board. BRANSON moved to appoint Mr. Al Burch for a term to expire 2009 on the Mission Lake "Tidegate" Service Area Board. Per KIBC 4.130.020 Board the Mission Lake "Tidegate" Service Area Board shall consist of three (3) members appointed by the assembly. Mr. Al Burch has submitted his application for the seat to expire 2009. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Lynch, and Stutes. B. Resignation of Assembly Member Jeffrey and Appointment of a New Assembly Representative on the Kodiak College Council. BRANSON moved to accept the resignation of Assembly member Jeffrey and appoint Assembly member Friend as the Assembly representative on the Kodiak College Council. Assembly member Jeffrey was employed by Kodiak College and she can no longer serve as an Assembly representative on the College Council. Drawn by lot, Assembly member Friend was chosen to replace Assembly member Jeffrey. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Stutes, and Branson. C. Assembly Appointment to the Citizens Board of Equalization. STUTES moved to appoint Cassandra Juenger to the vacant seat on the Board of Equalization for a term to expire December 31, 2008. Ms. Cassandra Juenger currently serves on the BOE as an alternate. She requested that the Assembly appoint her to the regular seat vacated by Assembly member Stutes. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, and Jeffrey. Kodiak Island Borough Assembly Minutes March 20, 2008 Page 530 CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Lynch congratulated Assistant Clerk Kilborn and Nathan Wolford. Assembly member Stutes congratulated all the employees who were awarded. She agreed about the comments regarding the venue for the upcoming NPFMC meeting in Kodiak. She inquired about the prioritization of the CIP lists. Assembly member Jeffrey explained the prioritization of the CIP lists. She also agreed about the venue. She congratulated Assistant Clerk Kilborn. She appreciated Mr. Quick's comment. Assembly member Branson congratulated the Employee of the Quarter awardees, Employee of the Year, and Student of the Month. The next Assembly work session will be held on Thursday, March 27, 2008 in the Borough Conference Room and the next Regular Meeting will be held on Thursday, April 3, 2008 in the Borough Assembly Chambers. The Borough Offices will be closed on Monday, March 31 in observance of Seward's Day. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Jeffrey, and Lynch. The meeting adjourned at 6:15 p.m. ATTEST: Nova M. Javier, CM Clerk Kodiak Island Borough March 20, 2008 KODIAK ISLAND BOROUGH Approved: April 3, 2008 Assembly Minutes Page 531