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2008-06-05 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting June 5, 2008 A regular meeting of the Kodiak Island Borough Assembly was held June 5, 2008 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 John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Engineering and Facilities Director Woody Koning, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular meeting minutes of May 1, 2008 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed the week of June 8 through 14, 2008 as Filipino American Heritage Week urging all citizens to participate in the festivities celebrating the rich heritage and traditions of the Philippine Islands. CITIZENS' COMMENTS Jan Pennington, Kodiak Island Convention and Visitors Bureau (KICVB) President, spoke of the organization's preliminary audit, and procedural and staff changes of the organization. She noted that KICVB was looking toward continued development of tourism on Kodiak to ensure its vital role on the Kodiak economy. Trevor Brown, Chamber of Commerce Economic Development Specialist, thanked the Assembly for sponsoring the North Pacific Fisheries Management Council (NPFMC) reception. He noted the reception showed great support for the fisheries industry in Kodiak. COMMITTEE REPORTS Assembly member Stutes reported on the Providence Kodiak Island Mental Health Center Board (PKIMHC) meeting. PUBLIC HEARING A. Ordinance No. FY2009 -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 2008 and Ending on the Thirtieth Day of June 2009 (Fiscal Year 2009 Budget.) JEFFREY moved to adopt Ordinance No. FY2009 -01. Kodiak Island Borough Assembly Minutes June 5, 2008 Page 551 The ordinance was for fiscal year 2009 and included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise Funds. The ordinance would also levy taxes on the real and personal property within the Borough as well as upon natural resources extracted and removed from the Borough. Manager Gifford noted there were changes to the ordinance and a substituted version was provided to the Assembly. BRANSON moved to amend Ordinance No. FY2009 -01 by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. Manager Gifford explained that the borough and school district finance staff met and agreed on amounts between direct appropriation and in -kind service funds in order to meet the FY2009 budget cap. Assembly members were glad that funds had been capped and provided to the school district without a borough tax increase. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. B. Ordinance No. FY2008 -20 Adding a Ballot Question at the Next Regular Municipal Election to be Held on October 7, 2008 on Whether to Exempt Municipal Officers and Candidates for Elective Office from the State of Alaska Public Official Financial Disclosure Law (AS 39.50), Effective in 2008, and to Require Instead that Municipal Officers and Candidates for Elective Office Annually and Upon Declaration of Candidacy or Taking Office Fill Out the 2007 Kodiak Island Borough Financial Disclosure Statement Form Used Prior to the AS 39.50 Amendments, and Follow Municipal Conflict of Interest Laws. FRIEND moved to adopt Ordinance No. FY2008 -20. Many of the disclosure provisions, based on the amendments to Alaska Statutes 39.50 effective in 2008 as well as the 2008 Financial Disclosure Statement form, impose extensive record keeping requirements, are intrusive, have become unduly burdensome, and may require financial disclosures regarding dependent and non - dependent children and other parties of municipal officers and candidates for elective office. By adopting the ordinance, a question would be added to the October ballot, whether to exempt municipal officers from the disclosure law per AS 39.50 and instead, municipal officers would annually fill out a KIB financial disclosure statement which is similar to the form used prior to the AS 39.50 amendments. A draft copy of this form was provided to the Assembly. Should the proposition be approved by the voters in October 2008, KIB code sections pertaining to conflict of interest would be amended to include enforcement issues about financial disclosure, similar to what was adopted by the City of Kodiak. Kodiak Island Borough Assembly Minutes June 5, 2008 Page 552 Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. Assembly member Lynch explained to the public that the amended Alaska Statutes financial disclosure laws have become very intrusive to any municipal officials that hold employment contracts with the public and was concerned that this information would be publicized on the internet. She stressed that the passing of the ordinance was not an attempt to hide information from the public. Assembly members agreed the new amendments could hinder new applicants. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. BOROUGH MANAGER'S REPORT Manager Gifford reported: • During Senator Lisa Murkowski's visit to Kodiak, a tour of the community was provided, including the Kodiak Fish Tech and Fisheries Research Centers and the proposed ADF &G building site on Near Island. The need for an island -wide transportation study was discussed with the Senator. • Updates from EF on bond projects: Construction had begun on various school seismic projects, and on the Community Health Clinic building and parking projects. The Anton Larsen Bay Boat Ramp project was ahead of schedule. KFRC received its annual inspection by GSA, who was pleased with improvements that had been made to the building. Their report would follow soon. • The Borough received a copy of courtesy correspondence from Attorney Matt Peterson to Borough Attorney Matt Jamin regarding a lawsuit filed on June 4. Although not officially served, Attorney Jamin advised that he would be unable to represent the Borough because he would be called as a witness to the case. The Borough is pursuing alternate options for legal representation. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby spoke on the following: • Revenue Sharing adopted by the Legislature in 2008 was of benefit to the FY09 budget. • North Pacific Fisheries Management Council (NPFMC) members would be in town and willing to speak with the public regarding the fisheries economy in Kodiak. Over 80% of Kodiak's economy is based on the fishing industry. Mayor Selby thanked Assembly member Jeffrey and Trevor Brown for their participation with NPFMC. UNFINISHED BUSINESS - None NEW BUSINESS Contracts A. Contract No. FY2008 -35 Between the Kodiak Island Borough and Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services For FY2009. BRANSON moved to authorize the manager to execute Contract No. FY2008 -35 with Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services for FY 2009 in the amount not to exceed $55,000. Kodiak Island Borough Assembly Minutes June 5, 2008 Page 553 The Kodiak Island Convention and Visitors Bureau (KICVB) has provided destination marketing and tourism development for the Kodiak Island Borough for several years. Funding support from the Borough and the City of Kodiak has been used to support the KICVB. The Borough's bed tax revenue funds the KICVB. The contract would renew this relationship for the 2009 fiscal year. An agreement document spelling out the duties to be accomplished for the specified period was provided. Assembly discussion ensued regarding KICVB's auditing information. The organization provides benefits for the community through its support of tourism and economic development. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE. Jeffrey, Lynch, Oswalt, Abell, Branson, and Friend (ayes); Stutes (no). B. Contract No. FY2008 -36 Between the Kodiak Island Borough and the Kodiak Chamber of Commerce For Economic Planning and Project Development within the Kodiak Island Borough For FY2009. JEFFREY moved to authorize the manager to execute Contract No. FY2008 -36 with Kodiak Chamber of Commerce of Kodiak, Alaska in the amount not to exceed $43,000 for FY2009. The Kodiak Island Borough has participated in a community -based economic development program operated by the Kodiak Chamber of Commerce for many years. Funding support from the Borough and the City of Kodiak has been used to establish an economic development specialist position at the Chamber. The position ensures that the Kodiak Island Borough is provided with economic development expertise and support. The position is responsible for meeting planning and reporting requirements established by the Federal Economic Development Administration and for supporting the Kodiak Comprehensive Economic Development Strategy (CEDS) Committee. The contract would renew this relationship for the 2009 fiscal year. An agreement document outlining the duties to be accomplished for the specified period was provided. Assembly members voiced support for the organization which benefits Kodiak's economic development. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, Friend, and Jeffrey. Resolutions 1. Resolution No. FY2008 -37 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. Approved under consent agenda. 2. Resolution No. FY2008 -38 Authorizing a Renewed Short-Term Lease and Material Sales Agreement with Brechan Enterprises for Tracts B1 -, B2, B3, and B4 -A, Bells Flats, Alaska Subdivision. JEFFREY moved to adopt Resolution No. FY2008 -38. The Kodiak Island Borough and Brechan Enterprises entered into a material site agreement for gravel extraction on the "B" tracts located in Womens Bay. The material found at the site was a valuable source of aggregate for the concrete and asphalt produced on the island. The value of the material and its limited supply were identified by the Kodiak Island Gravel Taskforce who investigated, sampled, and tested other aggregate at alternative sites on the road system and Kodiak Island Borough Assembly Minutes June 5, 2008 Page 554 determined the material on the "B" tracts provided the best quality material that was readily available. To proceed with negotiations for a Tong -term lease, KIBC 18.20.130 required an appraisal of the property and, since that appraisal had only recently been received, it was not possible to give the Assembly a lease and material sales contract for a long -term lease, which would comply with Resolution FY2007 -39 prior to the expiration of the short term lease. Therefore, staff recommended granting Brechan Enterprises a one year extension to the existing lease to expire on June 30, 2009. During this time period staff and Brechan Enterprises would finalize a long term lease and material sales agreement and bring forth a long -term lease to the Assembly for approval. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Friend, Jeffrey, and Lynch. 3. Resolution No. FY2008 -39 Refunding Contributions From Organizations and Individuals for Construction of a BMX Track. Work on this Project has Ceased. A corrected copy of Resolution No. FY2008 -39 was provided. OSWALT moved to adopt Resolution No. FY2008 -39. The Borough received $94,666.77 in contributions for a new BMX track from several different organizations over the years, and $45,391 of the funds were still available for the project. Inasmuch as work has ceased on the BMX track, remaining funds would be disbursed in accordance with the schedule reflected in the resolution. The Assembly discussed the reasons for the projects cessation. Consensus was to keep the account open in order to allow future development on the project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Branson, Friend, Jeffrey, Lynch, and Oswalt. Mayor Selby thanked Bill Hinkle for origination and support of the project and thanked volunteers for their support and time on the project. He stated that grant funds for future development of the project are being investigated by Borough staff. 4. *Resolution No. FY2008 -40 Accepting the Pre - disaster Mitigation Grant From the Division of Homeland Security and Emergency Management for the KIB Non - Structural Seismic Bracing Project in the Amount of $75,490 and Authorizing the Manager to Enter into a Grant Agreement to Administer the Funds. Approved under consent agenda. 5. *Resolution No. FY2008 -41 Accepting a Pre - disaster Mitigation Grant from Division of Homeland Security and Emergency Management for the Seismic Upgrade for Critical Mechanical, Electrical and Plumbing Equipment for Kodiak Schools Project in the Amount of $132,249 and Authorizing the Manager to Enter into a Grant Agreement to Administer the Funds. Approved under consent agenda. Kodiak Island Borough Assembly Minutes June 5, 2008 Page 555 Ordinances for Introduction 1. Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. BRANSON moved to adopt Ordinance No. FY2008 -21 in first reading to advance to public hearing on June 19, 2008. The ordinance was requested and sponsored by Assembly member Branson. KIBC 2.24.020 states the Assembly shall appoint the Borough Attorney by Resolution. The ordinance would clarify the process when individual actions of municipal officials are being challenged or the possibility of individual liability is presented and outside counsel is needed. The ordinance would require that the request for payment be made through the governing body of the Assembly before hiring another attorney. Assembly discussion ensued. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. 2. *Ordinance No. FY2008 -01 D Amending Ordinance No. 2008 -01 Fiscal Year 2008 to Budget for Several Grants. Approved under consent agenda. Other Items 1. Resignation of Parks and Recreation Committee Member. FRIEND moved to accept, with regret, the resignation of Cassandra Juenger from the Parks and Recreation Committee for a term to expire December 31, 2008 and direct the Borough Clerk to advertise the vacancy per Borough Code. A letter of resignation from Ms. Juenger was received by the Clerk's office requesting the Assembly to accept her resignation from the Parks and Recreation Committee. Ms. Juenger served on the Committee since 2006. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. 2. Mayoral Appointment of an Alternate Member to the Cook Inlet Regional Citizens Advisory Council. JEFFREY moved to confirm the mayoral appointment of Woody Koning to a three -year alternate seat to expire January 2011 to the Cook Inlet Regional Citizens Advisory Council. Ms. Elizabeth Chilton, the Kodiak Borough representative for the Cook Inlet Regional Citizen Advisory Council, requested that Mr. Woody Koning be appointed to the alternate seat on the Cook Inlet Regional Citizens Advisory Council. The appointment was for a three -year term to expire January 2011. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. Kodiak Island Borough Assembly Minutes June 5, 2008 Page 556 3. Resignation of Solid Waste Advisory Board Members. JEFFREY moved to accept, with regret, the resignations of Bill Hinkle from the Solid Waste Advisory Board for a term to expire December 31, 2010 and Dan Rohrer from the Solid Waste Advisory Board for a term to expire December 31, 2009 and direct the Borough Clerk to advertise the vacancies per Borough Code. Mr. Hinkle and Mr. Rohrer submitted resignation letters to the Clerk's office requesting the Assembly to accept their resignation from the Solid Waste Advisory Board. Mr. Hinkle and Mr. Rohrer both served on the board since its formation in 2007. Mr. Rohrer held the Retail Business Representative seat. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, Branson, and Friend. CITIZENS' COMMENTS Stephen Taufen spoke on crab rationalization affecting the community and urged the Assembly to support the crew member resolution. ASSEMBLY MEMBER COMMENTS Assembly member Stutes was happy to have participated in the meeting. Assembly member Friend had no comments. Assembly member Abell commended donators of the BMX track project: SKA, CHARR, Elks Club, Lions Club, Nielsen Cycling Association, and the City of Kodiak. Assembly member Branson encouraged local non - profit organizations to submit their PFD check off applications before June 14; this would allow Alaskans to donate to non - profit organizations of their choice. She was glad school funding (education) was able to be funded to the cap as it is an investment to the future of the community. She looked forward to Filipino week. Assembly member Branson spoke of an existing opportunity for Assembly members to resolve legal issues by presenting a revised resolution to the Assembly for the lawsuit payment. Assembly member Jeffrey congratulated the Kodiak Chamber of Commerce for a pleasant Crab Festival. She spoke of visitors coming to Kodiak to enjoy the surrounding beaches and kayaking activities. She encouraged public participation at the NPFMC meetings to let people know that the fisheries industry is important to the continuation of healthy coastal communities. Assembly member Oswalt asked Manager Gifford for a status report on Lot 7A. He would like to see the property become available to the public for subdividing due to the current lack of available properties on the market. He spoke of a bear in his driveway. Bears are active during this time due to the lack of fish at this time of year. Assembly member Lynch requested that at the next work session the Clerk review with the Assembly the procedures for requesting information and the number of members it requires for such requests. She spoke of the State program "Gravel to Black ", which allows for gravel roads to receive pavement, and the lack of maintenance on State roads around the community. She noted that the expected life time of asphalt paving is 10 -15 years; Kodiak is currently getting 2 -3 years out of the paved roads. She encouraged the community to stay involved and consider the state of Kodiak's roads and the benefits they would like to see from the upcoming State bond issue for road paving projects. Assembly member Lynch noted the recent Assembly litigation Kodiak Island Borough Assembly Minutes June 5, 2008 Page 557 activity and hoped the public heard and stayed involved with the process. As an elected official she urged the public to come forward and encouraged recalls if the public felt it was necessary. Announcements Mayor Selby announced the Assembly will meet in a work session on Thursday, June 12, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, June 19, 2008 at 7:30 p.m. in the Assembly Chambers. EXECUTIVE SESSION A. Borough Clerk's Performance Evaluation. BRANSON moved to convene into executive session to discuss the Borough Clerk's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice her reputation or character. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, Friend, and Jeffrey. Mayor Selby invited the Assembly members and Clerk to join in executive session. Mayor Selby recessed the regular meeting at 8:47 p.m. and convened the executive session. Mayor Selby reconvened the regular meeting. BRANSON moved to place the annual review of Borough Clerk Nova Javier in her record and to increase the Clerk's salary to Range 23, Step K. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Friend, Jeffrey, and Lynch. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Branson, Friend, Jeffrey, Lynch, and Oswalt. The meeting adjourned at 9:15 p.m. ATTEST: Nova M. Javier, CM , Borough Clerk Approved: July 17, 2008 Kodiak Island Borough June 5, 2008 KODIAK ISLAND BOROUGH Jerome M. Selby, Mayor Assembly Minutes Page 558