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2009-04-02 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting April 2, 2009 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, April 2, 2009 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 Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, 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. FRIEND moved to amend the agenda and consent agenda by removing Awards and Presentations Item 5.A Student of the Month Award, Informational Materials Item 17.B.1 Kodiak Island Borough March 2009 Financial Report, and adding Item 13.B.5 Resolution No. FY2009- 29. The school district was not able to provide information on the student of the month award recipient in time for the regular meeting. The March 2009 Financial Report would be presented at the next regular meeting of the Assembly. A copy of Resolution No. FY2009 -29 was provided to the Assembly. Copies were made available to the public. Per KIBC 2.30.060(C) Agenda Additions. A subject not on the agenda may be considered only by unanimous consent, and when the time for its consideration arrives, the chair shall lay it before the assembly. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA AND CONSENT AGENDA CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. APPROVAL OF MINUTES A. Regular Meeting Minutes of March 5, 2009 and Special Meeting Minutes of March 12, 2009 were approved under the consent agenda. AWARDS AND PRESENTATIONS A. Kodiak Beautification Awards — Mayor Selby This was the inaugural year for the Kodiak Beautification Awards sponsored by Spenard Builders Supply and recognized by the Kodiak Island Borough. These awards would be given out each year to recognize an individual, a residence, and a business that had significantly contributed to beautifying the Kodiak Island Borough. The individual and residence awards were presented at the last regular meeting. Kodiak Island Borough Assembly Minutes April 2, 2009 Page 664 The business beautification award was presented to Jack and Judy Johnson, Owners of the Kodiak Harbor Convention Center for their efforts in remodeling a downtown building and developing the Harbor Convention Center on the corner of Shelikof Street, Marine Way, and Rezanof Drive. Mayor Selby proclaimed April 2009 as "Sexual Assault Awareness Month" and encouraged all residents to support local activities and programs which assist victims by learning more about the pervasiveness of sexual assault in Alaska so this heinous crime may be eliminated. Mayor Selby proclaimed April 2009 as "Child Abuse Prevention Month" and called upon all citizens to increase their participation in the efforts of preventing child abuse, thereby strengthening the communities in which we live. CITIZENS' COMMENTS — None. COMMITTEE REPORTS Assembly member Kaplan reported that the Parks and Recreation Committee cancelled the meeting scheduled on Tuesday, March 24 due to an insufficient quorum. Assembly member Jeffrey reported that the Kodiak Fisheries Advisory Council (KFAC) meeting scheduled on Wednesday, March 25 was cancelled due to an insufficient quorum and was re- scheduled to meet after the North Pacific Fisheries Management Council meeting in April. PUBLIC HEARING A. Ordinance FY2009-01D Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. BRANSON moved to adopt Ordinance FY2009-01D. The ordinance addressed the following: o The original FY2009 MIS department budget included a position for a LAN Administrator which would be better staffed with a MIS Supervisor. o The original FY2009 MIS department budget included a position for an Operations Supervisor which would be better staffed with a PC Technician 1. o The original FY2009 Community Development Department budget included a position for a Draftsman/Technician position which would be better staffed with a GIS Analyst in the MIS Department. o Hiring a Resource Manager in the Land Sale Fund. o Property tax collections for the General Fund exceeded its budget by $67,000. o The State temporary fiscal relief payment included $20,200 to be passed onto the village of Karluk. o Transferring $116,400 to the City of Kodiak for half of the City's cost of an engineering and design contract for Baranof Park Improvement Project o Transferring $85,000 to the Hospital Capital Improvements Fund to start conceptual planning and design of a new care center. o Federal payment in lieu of taxes was expected to exceed the budget by $500,000. o The raw fish tax collected by the State and shared with the Borough exceeded its budget by $297,000. o Severance taxes on fish were expected to exceed their budget by $200,000. o Transferring $218,000 from the General Fund to the Debt Service Fund that was originally budgeted to be paid for by the Facilities Fund. Kodiak Island Borough Assembly Minutes April 2, 2009 Page 665 o The original budget did not include rent on the common areas in the Borough building. o Expending up to $20,000 in purchase and installation costs of a new above - ground oil storage tank at the Mental Health Center. o The State granted the Borough $5,000 to perform planning for safe student access to North Star Elementary School through the "Safe Routes to School" program. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Per discussion with the City Manager regarding the joint work session agenda, the following agenda items were proposed for discussion: 1) Berthing the new Alaska Regional Research Vessel in Kodiak; 2) Transfer of Near Island property to the Borough; 3) Transfer of E -911 authority to the City of Kodiak for the Kodiak road system; and 4) The 2010 Seafood Legislative Reception. Consensus of the Assembly was given to schedule the joint work session on Tuesday, April 28 at 7:30 p.m. in the Borough Assembly Chambers. • Manager Gifford would be out of town April 3 -19 for the bond closing and personal leave. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported that he would be attending a meeting with Mr. Kim Elton, Senior Advisor for Alaska Affairs, in Anchorage on April 16 to discuss the new Alaska Department of Fish and Game facility with the Exxon Valdez Trustee Council. UNFINISHED BUSINESS — None. NEW BUSINESS Contracts Before the contract for Bayside Fire Station Addition could be authorized it was necessary for the Assembly to first adopt the resolution allowing for Fire Protection Area No. 1 to borrow monies to partially fund the construction contract. FRIEND moved to suspend the rules and take up item 13.B.1 Resolution No. FY2009 -25 Authorizing Fire Protection Area No. 1 to Borrow Funds from the Facility Fund to Complete the Bayside Fire Station Addition. ROLL CALL VOTE ON MOTION TO SUSPEND THE RULES CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. 1. Resolution No. FY2009 -25 Authorizing Fire Protection Area No. 1 to Borrow Funds from the Facility Fund to Complete the Bayside Fire Station Addition. JEFFREY moved to adopt Resolution No. FY2009 -25. The resolution would allow for Fire Protection Area No. 1 (FPA No. 1) to borrow up to $1 million from the Facilities fund. Kodiak Island Borough Assembly Minutes April 2, 2009 Page 666 FPA No. 1 sought to construct an addition to the Bayside Fire Station for approximately $1,997,275. FPA No. 1 had an estimated $1,016,811 in available fund balance and needed to finance up to an additional $1 million. If the Borough invested in the open market the Borough could invest $1 million for ten years at an interest rate of 4.5 %. If possible the project could be bonded or the interest rate could be lowered in the future; however through the proposed funding the construction project would commence during the summer. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. 2. Contract No. FY2009 -16 with Dowland Construction, Inc. of Anchorage, AK for the Construction of the Bayside Fire Station Addition. BRANSON moved to authorize the Manager to execute Contract No. FY2009 -16 with Dowland Construction, Inc. of Anchorage, AK for the construction of the Bayside Fire Station Addition in an amount not to exceed $1,802,382. The contract was for the construction of an addition to the existing Bayside Fire Station. The construction documents, bid documents, and associated addenda were available for review. Bids were received in response to the Borough's Invitation to Bid dated February 12, 2009, and a bid tabulation was provided to the Assembly. The Engineering and Facilities Department reviewed the bids and recommended that a contract for the Bayside Fire Station Addition be awarded to Dowland Construction, Inc. in an amount not to exceed $1,802,382, which included the base bid and alternates 1, 2, 3, and 4. The project was funded by FPA No. 1 funds and a loan commitment (Resolution No. FY2009- 25) from the Borough to complete the project. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. Resolutions 1. Resolution No. FY2009 -26 Approving the Village of Karluk and its Native Village Council to Participate in the FY2010 Community Revenue Sharing Program. FULP moved to adopt Resolution No. FY2009 -26. The resolution identified Karluk as an unincorporated community that met the Community Revenue Sharing Program eligibility criteria established under AS 29.60.865, AS 29.60.879, and 3 AAC 180.110. Karluk had more than 25 residents and provided fire protection, emergency medical response, water and sewer services, solid waste management, and public road maintenance to its residents. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. 2. Resolution No. FY2009 -27 Participating in the AMUJIA Loss Control Incentive Program. This item was approved under the consent agenda. The resolution authorized Borough participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. Participation required an annual Kodiak Island Borough Assembly Minutes April 2, 2009 Page 667 adoption of the resolution in order to be eligible for the discount of $20,000 on the Borough's contribution, as well as monthly safety committee meetings, bi- annual facilities self inspections, and employee safety training. 3. Resolution No. FY2009 -28 Supporting the Alaska Commission on Aging 2009 Priorities and Urging the Alaska Legislature to Implement These Priorities. JEFFREY moved to adopt Resolution No. FY2009 -28. The resolution was requested by Assembly member Branson to support the Alaska Commission on Aging 2009 Legislative priorities and urge the Alaska Legislature to consider the priorities for implementation as it weighed the competing demands on the State of Alaska resources. The priorities were: 1) An additional $2 million for the Senior Home and Community Based Services Grants program that would provide continued funding for important senior services funded by the Older Americans Act and the general fund. 2) Regular review of state reimbursement rates for senior services, which could result in reimbursements that kept pace with cost increases. 3) Reauthorization of the Medicaid Adult Dental Program (scheduled to sunset June 30, 2009), which would provide preventative dental care to income eligible adult Alaskans, of which 40% are over age 60. 4) Support for Alaska Housing Finance Corporation's request for funding to provide housing for homeless persons, 17% of which are 55 or older. 5) Creation of a statewide transportation fund to support services to older and all Alaskans. Assembly member Branson explained the intention of the resolution was to protect Alaska's senior citizens and to keep seniors in their homes and communities. ROLL CALL VOTE ON MOTION CARRIED UNIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. 4. Resolution No. FY2009 -29 Appointing Karleton G. Short as Acting Borough Clerk for the Purpose of Executing and Delivering on Behalf of the Borough the General Obligation Refunding Bonds, 2009 Series A and Other Documents that are to be Executed and Delivered by the Borough in Connection with the Issuance and Delivery of the Bonds if the Borough Clerk is Unable to Attend Due to Air Transportation Disruptions. KAPLAN moved to adopt Resolution No. FY2009 -29. The Borough agreed to sell general obligation bonds and the delivery of such bonds was scheduled to occur April 8 and 9 In consideration of recent volcanic activity causing disruptions of air transportation it was necessary to designate Finance Director Karl Short as Acting Borough Clerk in order to attest documents on behalf of the Clerk should there be additional air transportation disruptions during her scheduled travel on April 7th ROLL CALL VOTE ON MOTION CARRIED UNANIMOULSY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. Kodiak Island Borough Assembly Minutes April 2, 2009 Page 668 Ordinances for Introduction 1. Ordinance No. FY2009 -19 Amending the Kodiak Island Borough Code of Ordinances Title 7 Elections. BRANSON moved to adopt Ordinance No. FY2009 -19 in first reading to advance to public hearing at the next regular meeting of the Assembly. The ordinance was requested by the Assembly to make changes to the Election Code of the Kodiak Island Borough to bring it into compliance with existing laws. The Assembly met on Thursday, March 26 to review the code revisions in the ordinance. The proposed ordinance was also reviewed by the Borough Attorney for compliance. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. Other Items 1. Confirmation of Assembly Appointment to the Board of Equalization. STUTES moved to confirm the appointment of Ms. Cheryl McNeil to the Board of Equalization alternate seat for a term to expire December 31, 2010. An application was received from Ms. Cheryl McNeil for the vacant alternate seat on the Board of Equalization for a term to expire 2010. ROLL CALL VOTE ON MOTION CARRIED UNANIMOULSY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. 2. Declaring a Seat on the Parks and Recreation Committee Vacant. This item was approved under the consent agenda. Ms. Lori Demi submitted a letter of resignation from the Parks and Recreation Committee on March 11, 2009. The Assembly accepted, with regret, the resignation of Ms. Lori Demi for a term to expire December 31, 2010 from the Parks and Recreation Committee and directed the Borough Clerk to advertise the vacancy per Borough Code. 3. Approval of Revised Planning and Zoning Commission By -Laws. This item was approved under the consent agenda. During its regular meeting of March 18, 2009 the Planning and Zoning Commission reviewed and approved changes to their by -laws and recommended forwarding them to the Assembly for approval. The Assembly approved the revised Planning and Zoning Commission By -Laws. CITIZENS' COMMENTS Mike Dolph thanked the Assembly for its support of Resolution No. FY2009 -25 and Contract No. FY2009 -16 so that construction could begin on the Bayside Fire Station addition in order to accommodate new fire apparatuses. ASSEMBLY MEMBER COMMENTS Assembly member Stutes had no comments. Assembly member Kaplan congratulated Mr. and Mrs. Johnson on receiving the Business Beautification award. He thanked Kodiak Women's Resource and Crisis Center (KWRCC) and the Office of Child Services for the work they do for the community. Kodiak Island Borough Assembly Minutes April 2, 2009 Page 669 Assembly member Friend thanked the Clerk's office staff for the work on the Elections code review and he looked forward to further review of the Borough code. Assembly member Jeffrey thanked the City of Kodiak for the land that was provided in the past for the research facilities on Near Island and commended the City's cooperation and collaboration with the Borough for the good of the community. She expressed appreciation for the City Public Works Department's hard work during the blizzard. She spoke on the condition of Mission road. Assembly member Fulp was happy that Mayor Selby would be meeting with Mr. Elton. Assembly member Branson suggested the Borough post a sign or plaque thanking the City of Kodiak for providing the Borough with the land for the research facilities on Near Island. She spoke about the City Council's intention of submitting to the Alaska Congressional Delegation a resolution in support of returning the Immigration Office to Kodiak and asked that this be an agenda item for discussion at the upcoming joint work session. Assembly members thanked Fire Protection Area No. 1 for serving the community and congratulated the board for the upcoming construction of the fire station addition. Announcements Mayor Selby announced the Assembly would be holding a special work session at 8:30 p.m. with the Solid Waste Advisory Board to discuss the Solid Waste Collection Services Draft RFP. The next Assembly work session was scheduled on Thursday, April 9, 2009 at 7:30 p.m. in the Borough Conference Room. The next Assembly regular meeting scheduled on Thursday, April 16, 2009 at 7:30 p.m. in the Borough Assembly Chambers had been cancelled. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. The meeting adjourned at 8:20 p.m. ATTEST: Nova M. Javier, MM V , Borough Clerk Kodiak Island Borough April 2, 2009 KODIAK ISLAND BOROUGH ome M. Selby, Ma Approved: May 7, 2009 Assembly Minutes Page 670