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2007-12-06 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting December 6, 2007 A regular meeting of the Kodiak Island Borough Assembly was held December 6, 2007 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. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch and Reed Oswalt. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, E &F Director Woody Koning, Finance Director Karl Short, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. Mayor Selby announced that Assembly member Stutes was out on personal leave. BRANSON moved to excuse Assembly member Stutes, seconded by ABELL. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY For the record: Based on the decision of Judge Morse's, Assembly member Jeffrey was able to participate in the discussion but she was not allowed to vote. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda, seconded by FRIEND. VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA CARRIED UNANIMOUSLY. The following items were approved under consent agenda: • Resolution No. FY2008 -13 Supporting the Kodiak Fisheries Advisory Committee's Call for the Implementation of Data Collection and Reporting for the Seafood Harvesting Labor Sector. • Resolution No. FY2008 -14 Urging the Governor and the Alaska State Legislature to Create a Statewide Comprehensive Economic Development Plan Coordinated with Statewide Energy, Transportation and Education Plans and Policies • Resolution No. FY2008 -16 Summarizing the KIB Assembly's Position on PERS/TRS with the State Bearing 85% of the Unfunded PERS Past Service Cost Liability, and all PERS Employers Paying 15 %, With the State Permanently Paying all Past Service Costs Related to the TRS System. • Resolution No. FY2008 -17 Supporting the State to Commit 6% of all Natural Resource Revenues to Alaska's Communities for Services to Alaska's People, With No Cap. • Resolution No. FY2008 -18 Supporting Long -Term Funding with Regards to Findings and Recommendations Forwarded from the Alaska Education Funding Task Force that Equitably Deal with Alaska's Schools. • Approval of the Kodiak Island Borough Assembly 2008 Meeting Schedule. • Declaring Seats Vacant on the Womens Bay Service Area Board. APPROVAL OF MINUTES — None. AWARDS AND PRESENTATIONS — None. Kodiak Island Borough Assembly Minutes December 6, 2007 Page 489 CITIZENS' COMMENTS Mel Stephens addressed Ordinance No. FY2008 -08 and urged the Assembly to fail it. Lorna Arndt commented on the attendance policy of the Assembly. COMMITTEE REPORTS Assembly member Lynch gave an update on the Solid Waste Advisory Board (SWAB) activities. She appreciated great public participation. PUBLIC HEARING A. Ordinance No. FY2008 -10 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island Comprehensive Plan Update. JEFFREY moved to adopt Ordinance No. FY2008 -10, seconded by BRANSON. Manager Gifford referred to CDD Associate Planner Duane Dvorak for the report. Planner Dvorak reported about the process of the comprehensive plan. He noted the memorandum dated December 5 incorporated changes to date; maps would be changed accordingly, and asked the Assembly to adopt the plan including all the revisions. Matt Hastie, Cogan Owens Cogan Project Consultant, recognized all the people who participated in the comprehensive plan process. FRIEND moved to amend Ordinance No. FY2008 -10 by incorporating the proposed revisions dated December 5, 2007 and the maps as follows, seconded by BRANSON. 1) The map on Page 14, Chapter 4, showing the Landfill Buffer Area comprised of Lot 2, Sawmill Subdivision, and the Greenbelt Area identified in KIB Ordinance No. 98 -06 -0, will be amended from the Business /Commercial designation to the Open Space /Recreation designation. 2) The map on Page 14, Chapter 4, showing the Pearson Cove tidelands will be amended to show the Open Space /Recreation designation over the tidelands (water area) as generally shown for the NU- Natural Use rezone in KIB Ordinance No. 94 -25. 3) The map on Page 11, Chapter 4, shall be amended to show an additional site for potential resource extraction to correspond with the Koniag Native Corporation owned lands at Shakmanof Cove. Mayor Selby opened the public hearing. Alana Tousignant expressed her concern about lot sizes in Chiniak and related that time was needed for people to actually review maps online and the incorporated revisions. In response to Assembly member Friend, Planner Dvorak explained that the plan was a general policy guideline and should be seen as such. He advised that the Assembly could amend it anytime and he was comfortable recommending to the Assembly to move forward. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO ONE: Abell, Branson, Friend, and Lynch (Ayes); Oswalt (Nay.) Kodiak Island Borough Assembly Minutes December 6, 2007 Page 490 ROLL CALL VOTE ON MOTION AS AMENDED CARRIED FOUR TO ONE: Branson, Friend, Lynch, and Abell (Ayes); Oswalt (Nay.) B. Ordinance No. FY2008 -11 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.16 Borough Assembly Section 2.16.060 Declaring and Filling Vacancies, and Chapter 2.17 Rules of the Assembly Section 2.17.070C Ordinances, Resolutions, and Motions. BRANSON moved to adopt Ordinance No. FY2008 -11, seconded by LYNCH. Clerk Javier reported what was before the Assembly was an ordinance that was drafted by the Borough Attorney from the direction given by the Assembly. At the last work session, the Assembly members requested different options given to them based on the discussion. She did not deviate much from what the Attorney put together. The wording in option A was close to the City Charter; however, the words "without excuse" remained in the second sentence and did not include the words "the seat is automatically vacated." Option B included the special meetings, and option C duplicated Alaska Statutes provision #9. The options were for Assembly consideration and members may make other amendments as they wish. Mayor Selby opened the public hearing. Mel Stephens opposed the "retroactivity" of the ordinance and asked the Assembly to vote down all the other amendments. Nick Szabo opposed current wording of the ordinance. He asked the Assembly to strike out "without excuse" wording on #4. Mayor Selby closed the public hearing. Assembly member Branson said it was time to get this matter cleared up and hoped that the Assembly could get on with other business. Assembly member Lynch hoped the Assembly members would follow process regarding dissertations. She asked the Assembly members would start acting as one body. Assembly member Jeffrey would like to see the code clarified to avoid getting someone off the Assembly unintentionally. She advocated for the "retroactivity" of this ordinance to protect the Borough from the past actions it has taken. FRIEND moved to amend Ordinance No. FY2008 -11 by replacing Section 2, 2.16.060 A4 with the following wording: "misses more than four (4) unexcused consecutive regularly scheduled and actually held assembly meetings, or (b) without excuse, misses one -half (1/2) of all regular assembly meetings actually held in a six (6) month period ", seconded by BRANSON. ABELL moved to amend the amendment to strike out Sections 3, 4, and 5 of the Ordinance, seconded by FRIEND. ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT FAILED THREE TO TWO: Abell, Friend, and Oswalt (Ayes); Branson and Lynch (Nays.) ROLL CALL VOTE ON THE FIRST AMENDMENT FAILED TWO TO THREE: Friend and Lynch (Ayes); Abell, Branson, and Oswalt (Nays.) Kodiak Island Borough Assembly Minutes December 6, 2007 Page 491 ROLL CALL VOTE ON THE MAIN MOTION FAILED ONE TO FOUR: Lynch (Aye); Abell, Branson, Friend, and Lynch (Nays.) Clerk's note: Assembly member Branson changed her vote from aye to nay. Following actions such as reconsideration and adoption of this ordinance on December 20 were invalidated because of procedural error. BOROUGH MANAGER'S REPORT Manager Gifford provided a project status update and reported on the following: • Land sale number sixteen. • North Star PTA's request regarding streetlights on roads to the school. Direction was given by the Assembly to move forward. • New swimming pool. Noted the ten -day protest period was allowed upon notice of intent to award was given to the contractor. • Seismic upgrades at the Middle School. Classrooms are now back in use. • Legislators update. Assembly consensus was to move the December 13 work session to December 18 to have both legislators attend together. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby thanked the village Mayors for their attendance to the Kodiak Island Borough Mayor's conference. He reported on the different issues they discussed such as schools, economic development, emergency preparedness, comprehensive plan, and CIP lists. He noted that Governor Palin has asked the legislature to set aside $2.5 million for an energy assistance fund. UNFINISHED BUSINESS A. Ordinance No. FY2008 -08 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance - Management and Accounting Section 3.04.020 Permissible Investments Section 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest in Changing the Investments Allowed in the Facilities Fund, and Changing Disbursements from the Facilities Fund from a Percent of Interest Earned to a Percent of Market Value (POMV.) The motion before the Assembly was to adopt Ordinance No. FY2008 -08. Manager Gifford reported this Ordinance was originally presented to the Assembly in September. At the last work session, the Assembly directed staff to redraft the ordinance to address housekeeping matters. In response to Assembly member Oswalt, Finance Director Short went over the proposed changes. FRIEND moved to amend Ordinance No. FY2008 -08 by substitution, seconded by ABELL. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Lynch, and Oswalt. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Branson, Friend, Lynch, Oswalt, and Abell. Kodiak Island Borough Assembly Minutes December 6, 2007 Page 492 B. Declaring Assembly Member Sue Jeffrey's Seat Vacant. Manager Gifford reported that this seat vacancy was postponed from the November 1, 2007 meeting. Assembly member Jeffrey stated the reason that her seat was being vacated was not because she has committed a grievous crime. All her absences were excused and that her attendance records for the past two years was no different than the record of most Assembly members. She detailed the reasons for her absences which were for family illness and her work at a fish site. She noted the ambiguity of the code and lack of an Assembly member control over cancelled meetings. She noted that she was in town to attend those cancelled meetings. Assembly member Jeffrey would submit her name for the vacated seat despite Mr. Stephens' offer to settle the lawsuit on the condition of her not being reappointed. She said there was nothing that prohibits her from doing so. She thanked the Assembly for the opportunity to serve. Assembly member Branson did not agree with Judge Morse's interpretation of the code; however, she will abide by it. She said the code has been unclear; this was not the intent of the code when it was written seventeen years ago. She wanted the Assembly to move forward and said it was unfortunate that it had happened this way. Assembly member Abell, as the maker of the motion, noted it was no great joy but wished the Assembly would move forward and go through the process. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Lynch, and Oswalt. NEW BUSINESS CONTRACTS 1. Contract No. FY2008 -17 Memorandum of Agreement between the State of Alaska and the Kodiak Island Borough for the Otmeloi Way Rehabilitation Reconnaissance Engineering Study. BRANSON moved to authorize the manager to execute Contract No. FY2008 -17 with the State of Alaska acting through the Department of Transportation and Public Facilities, seconded by OSWALT. Manager Gifford reported Otmeloi Way is a major access route to North Star Elementary School. This facility is not only a school, but it also serves as a mass sheltering facility for the community during times of a disaster. Access to the school along Otmeloi Way was unsafe. This was especially the case for children walking to school on dark winter mornings. This issue was brought to the attention of the Alaska Legislature by the North Star PTA and the Borough Assembly. The legislature acted favorably to fund the project in an amount of $3.3 million dollars. This money was to be administered by the Alaska Department of Transportation (DOT). DOT guidelines and State Statute for project development was also to be followed. A Reconnaissance Engineering Study was required by DOT to determine the scope and cost of the project. This study will determine if the money allocated by the legislature was sufficient to complete the project. If it was not, more money will have to be pursued. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Lynch, Oswalt, and Abell. Kodiak Island Borough Assembly Minutes December 6, 2007 Page 493 RESOLUTIONS 1. Resolution No. FY2008 -12 Authorizing the Borough to Issue General Obligation School Bonds, 2008 Series A in the Principal Amount of Not to Exceed $8,000,000 to Provide Funds for School and Related Capital Improvements in the Borough and to Pay Costs of Issuing the Bonds, Fixing Certain Details of Such Bonds, Authorizing their Sale, and Providing for Related Matters. OSWALT moved to adopt Resolution No. FY2008 -12, seconded by ABELL. Manager Gifford reported that AS 29.47.410 requires the Assembly to provide the form and manner of sale of bonds and notes. This was pursuant also to Ordinance No. FY 2007 -05 adopted on August 17, 2006 which passed the question at the October 3, 2006 election. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Lynch, Oswalt, Abell, and Branson. 2. Resolution No. FY2008 -15 Supporting Adoption of a Clean Elections System in Alaska. OSWALT moved to adopt Resolution No. FY2008 -15, seconded by FRIEND. Mayor Selby reported this resolution was in support of adopting a Clean Elections system which can help restore public trust in government, eliminate the potential for and perception of corruption, and promote greater accountability to voters. Assembly member Branson supported this Resolution to open the doors to other candidates. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Abell, Branson, and Friend. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2008-01B Amending Ordinance No. 2008 -01 Fiscal Year 2008 Budget By Moving Funds Between Various General Fund Departments, Amending Budget to Actual Expenditures, and Budgeting for Several Grants. FRIEND moved to adopt Ordinance No. FY2008 -01B in first reading to advance to public hearing on December 20, 2007, seconded by BRANSON. Manager Gifford reported this ordinance would: • Set up project number 08004 to purchase a computer assisted mass appraisal and collection program. • Increase the Community Development Budget by $17,360 to purchase an upgrade to a GPS system and to fund further work on the comprehensive plan and island -wide trails plans. This would reduce the General Fund Balance to $1,820,982. • Fund the shortage in the Health and Sanitation Department with savings in the Culture and Recreation Department. • Fund the $12,323 in repairs to the High School Kitchen with use of undesignated fund balance in Fund 410. • Add $27,000 to the Kodiak Middle School Asbestos Abatement project to cover unforeseen expenses with use of undesignated fund balance in Fund 410. • Add $182,000 to the High School Soil Remediation project for removal of contaminated soil with use of undesignated fund balance in Fund 410. Kodiak Island Borough Assembly Minutes December 6, 2007 Page 494 • Budget for the $8,000,000 bond approved by the voters. • Add $76,496 to the High School and Middle School for additional roof repairs. • Budgets for the $938,633 FEMA (Federal Emergency Management Agency) grant passed through the State of Alaska for Kodiak High School Seismic Upgrades. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Abell, Branson, Friend, and Lynch. OTHER ITEMS 1. Mayoral Appointments of Assembly Representatives to Boards and Committees. BRANSON moved to confirm the Mayoral appointment of Assembly member representatives to Boards, Committees, Commissions and Councils, seconded by FRIEND. The appointments are as follows: Architectural Review Board Reed Oswalt Providence Kodiak Island Service Area Community Board (Expires 12/31/08) Pat Branson Providence Kodiak Island Counseling Center Advisory Board (Expires 12/31 /09) Louise Stutes Joint Building Code Review Committee Reed Oswalt Kodiak College Council Left Blank Kodiak Fisheries Advisory Committee Left Blank Parks and Recreation Committee Chris Lynch School District Budget Advisory Committee Jerrol Friend School District Facilities Review Committee Tom Abell School District Strategic Planning Committee Jerrol Friend Solid Waste Advisory Board Chris Lynch Mayor Selby serves on the Emergency Services Council and Economic Development Committee. Clerk Javier reported Mayor Selby has asked the Assembly to confirm his appointments of Assembly member representatives to different Boards, Committees, Commissions, and Councils. The Kodiak College Council and Kodiak Fisheries Advisory Committee seats were left blank and will be filled once the vacated Assembly seat was filled. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Lynch, and Oswalt. 2. Confirmation of Mayoral /Assembly Appointments to Different Boards, Committees, and Commissions. FRIEND moved to confirm the Mayoral and Assembly appointments to different boards, committees, and commissions as follows, seconded by BRANSON. The following are the appointments: MAYORAL APPOINTMENTS Architectural Review Board Gregg Hacker and Brent Watkins to the seats to expire 2010 Arts Council Advisory Board Sara Bruce, Cece Esparza, and Cathy Wilson to the seats to expire 2008 Kodiak Island Borough Assembly Minutes December 6, 2007 Page 495 Parks and Recreation Committee Lori Demi, Pam Foreman, Andy Schroeder to the seats to expire 2010 Planning and Zoning Commission Gary Juenger to a Borough seat to expire 2010 Brent Watkins to a City seat to expire 2010 (Recommendation submitted by City Council on 11/29 via email from City Clerk Debra Marlar.) ASSEMBLY APPOINTMENTS Board of Equalization Karenia Hackett to the seat to expire 2010 Cassandra Juenger to the "alternate" seat to expire 2010 Mission Lake Tide Gate Service Area Board Marian Johnson to the seat to expire 2010 Clerk Javier reported these appointments were discussed at the last work session by the Assembly. There are quite a few more vacant seats on different boards, committees, and commissions and asked interested applicants to fill out board applications and turn them in to the Clerk's office. Applicants may also fill out applications online. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Lynch, Oswalt, and Abell. 3. Resignation of Planning and Zoning Commissioner Gary Carver. OSWALT moved to accept, with regret, the resignation of Gary Carver from the Planning and Zoning Commission for a term to expire December 31, 2008 and direct the Borough Clerk to advertise the vacancy per Borough Code, seconded by BRANSON. Clerk Javier reported Mr. Carver has asked that the Assembly accept his resignation from the Planning and Zoning Commission. Mr. Carver started serving on the Commission October of 2005. Mayor Selby and the Assembly thanked Mr. Carver for his service on the Commission. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Lynch, Oswalt, Abell, and Branson. CITIZENS' COMMENTS The following urged the Assembly to reappoint Sue Jeffrey to the Assembly: Greg Mete, Tom Kouremetis, and Claudia Anderson. ASSEMBLY MEMBER COMMENTS Assembly member Oswalt hoped the Borough could look into getting more phone lines to accommodate queuing of phone calls during meetings. Announcements Mayor Selby announced the next regular work session has been rescheduled from Thursday, December 13 to Tuesday, December 18 at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly was scheduled on Thursday, December 20, 2007 at 7:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Minutes December 6, 2007 Page 496 Mayor Selby announced that publication for the vacated Assembly seat would start on Monday, December 10 and for fourteen days the clerk would receive applications from persons interested in being appointed. Last day to submit an application was December 24. No later than January 5, the Assembly shall appoint from among the applicants a qualified person to fill the vacant seat. ADJOURNMENT FRIEND moved to adjourn the meeting, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Abell, Branson, and Friend. Mayor Selby adjourned the meeting at 9:55 p.m. ATTEST: Nova M. Javier, CIVIC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Approved: February 21, 2008 Kodiak Island Borough Assembly Minutes December 6, 2007 Page 497