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2009-05-21 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting May 21, 2009 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, May 21, 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. Assembly member Jeffrey led the Pledge of Allegiance. Present were Assembly members Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Finance Director Karl Short, Deputy Clerk Marylynn McFarland and Community Development Secretary Sheila Smith. FRIEND moved to excuse Mayor Selby who was attending Western Interstate Region conference and Assembly member Branson for personal leave. Assembly member Branson later joined the meeting at 8 p.m. APPROVAL OF AGENDA KAPLAN moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES — None. AWARDS AND PRESENTATIONS Manager Gifford presented the Government Finance Officers Association Distinguished Budget Presentation Award to Finance Director Karl Short. CITIZENS' COMMENTS David Kubiak spoke against the LLP cod issue and gave examples of fishermen that would not qualify under the new recency program. Annie Thomas of the Girl Scouts of Kodiak thanked the Assembly for its funding and outlined future projects. Accompanying Ms. Thomas was Haley Blair, Olivia Nesheim, and Ava Pruitt. State Representative Alan Austerman spoke opposing the LLP cod issue. Frank Miles, Oliver Holm, Terry Haines, and Alexus Kwatchka spoke in support of the Assembly sending a letter to the Secretary of Commerce asking them to review the LLP cod issue and the economic impact on Kodiak as a community. COMMITTEE REPORTS Trevor Brown, Kodiak Chamber of Commerce Economic Development Specialist, gave the Chamber's annual budget presentation. Janet Buckingham, Kodiak Island Convention and Visitors Bureau Director, gave the Bureau's annual budget presentation. Kodiak Island Borough Assembly Minutes May 21, 2009 Page 680 Assembly member Stutes reported on the Southwest Alaska Municipal Conference (SWAMC) meeting of May 21, 2009. PUBLIC HEARING A. Resolution No. FY2010 -01 Establishing the Minimum Amount of Funds to be Made Available From Local Sources for the Kodiak Island Borough School District (KIBSD) for the Fiscal Year Beginning July 1, 2009 and Ending June 30, 2010. JEFFREY moved to adopt Resolution No. FY2010 -01. KIBC 3.08.030B provides that the school district shall submit to the manager the proposed budget and local support requirements for the school by the 30th of April. The School Board submitted their Budget on April 28, 2009. Alaska Statutes 14.14.060c provides that if the assembly does not, within 30 days, furnish the School Board with a statement (resolution) of the sum to be made available, the amount requested in the School Board budget is automatically approved. Per Borough Code, the Assembly determines the total amount of money to be made available from local sources for school purposes and shall furnish the School Board with a statement (resolution) of the sum to be made available. KIBC 3.15.050 provides that by June 10 the Assembly shall appropriate the amount to be made available from local sources for that purpose in the Borough budget. Here is a summary of the differences: KIBSD KIB Request Resolution ! Difference Appropriation a $ 9,663,593 $ 9,300,000 t $ 363,593 In -Kind Services Total 996,850 a " 990,350 6,500 10,660,443 $ 10,290,350 ' $ 370,093 Deputy Presiding Officer Branson opened the public hearing. Norm Wooten, KIBSD Board Member, thanked the Assembly for past support. He urged the Assembly to consider funding the School District to the cap of $10,660,443. Stewart McDonald, KIBSD Superintendent of Schools and Luke Fulp, KIBSD Finance Director, addressed questions that were presented at the previous work session. Deputy Presiding Officer Branson closed the public hearing. Assembly members Friend, Branson, and Fulp spoke in support of the existing budget and expressed their desire to address additional funding in the future. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Friend, and Branson. Kodiak Island Borough Assembly Minutes May 21, 2009 Page 681 B. Ordinance No. FY2009 -20 Rezoning Lot 7, Block 11, Ouzinkie Townsite Subdvision From R1- Single Family Residential To B- Business (P&Z Case 09 -014). STUTES moved to adopt Ordinance No. FY2009 -20. The Ouzinkie Native Corporation requested the rezone of Lot 7, Block 11, Ouzinkie Townsite Subdivision in order to allow for the re- development of the site with newer office and storage buildings to support the continuation of the uses at this location. The uses and structures had been nonconforming since June 5, 1980, perhaps even going back to 1977 when all land within the corporate limits of the City of Ouzinkie were zoned R1- Single Family Residential. After holding a public meeting on March 18, 2009, the Commission unanimously approved recommending to the Borough Assembly that Lot 7, Block 11 be rezoned from R1- Single - Family Residential to B- Business. Deputy Presiding Officer Branson opened the public hearing. Tom Quick, City of Ouzinkie Vice Mayor, spoke in support of the ordinance. Deputy Presiding Officer Branson closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Outlined the Washington Legislative Update from Brad Gilman. • Kodiak Island Borough and City of Kodiak worked together on a renewable energy block grant application(s) in the amount of $50,000. • Kodiak Island Borough and State of Alaska Fish and Game requested Alaska Waste to remove dumpsters in the Monashka Bay area to help eliminate bear problems. • The siren consultant worked with the City of Kodiak and Kodiak Island Borough to repair and systemize tsunami sirens. Both City and Borough have grants to assist in the implementation. In response to Assembly member Stutes' inquiry about the siren at Pasagshak, Manager Gifford noted that GCI would be handling the signal problem at that specific location. • City of Kodiak, Coast Guard, Womens Bay, and Bayside Fire Stations had a booth at the Crab Festival to share EMS information. • Governor Palin announced vetoed items in the FY2010 operating capital budgets. Notice from Representative Alan Austerman's office indicated that none of the Kodiak appropriations were vetoed. Manager Gifford responded to Assembly member Fulp's inquiry that the City and Borough of Kodiak's energy monies were part of a block grant and not included in the Governor's veto items. • To date, the City of Kodiak had not sent a letter to the Secretary of State regarding the Gulf of Alaska LLP cod issue. The City Council scheduled the discussion for work session on June 22, 2009. Manager Gifford would discuss this in more detail with the Assembly at the next work session. MESSAGES FROM THE BOROUGH MAYOR Deputy Presiding Officer Branson commented in support of the University of Alaska's research vessel being based in Kodiak and requested the City to join in the Assembly's support. She also wished the community a happy Memorial Day and good Crab Festival weekend. Kodiak Island Borough Assembly Minutes May 21, 2009 Page 682 UNFINISHED BUSINESS — None. NEW BUSINESS Contracts — None. Resolutions 1. Resolution No. FY2009 -31 Supporting Kodiak Kenai Cable Company's Proposal to Build Another Large -Scale Fiber Optic Cable System Originating on Kodiak Island, Traveling Through a Portion of the Aleutian Islands and up the West Coast to an Eventual Termination Point on the North Slope of Alaska. JEFFREY moved to adopt Resolution No. FY2009 -31. The Old Harbor Native Corporation, the majority owner of the Kodiak Kenai Cable Company, requested this resolution in support of its proposal to build another large scale fiber optic cable system originating on Kodiak Island, traveling through a portion of the Aleutian Islands and up the West Coast to an eventual termination point on the North Slope of Alaska. Staff recommended approval in support of the project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. 2. Resolution No. FY2009 -32 Adopting the Comprehensive Economic Development Strategy (CEDS) 2009 as Written. KAPLAN moved to adopt Resolution No. FY2009 -32. The resolution would adopt the Comprehensive Economic Development Strategy (CEDS) as submitted by the Kodiak Chamber of Commerce Economic Development Committee. The document would be submitted to the U.S. Economic Development Administration for its review and adoption. Trevor Brown, Kodiak Chamber of Commerce Economic Development Specialist stressed the importance of the document and answered questions of the Assembly. Assembly member Friend requested that Mr. Brown generate a simple economic impact report /information /resources on the University of Alaska's research vessel coming to Kodiak for lobbying efforts. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. 3. Resolution No. FY2010 -02 Amending the Fees of the Kodiak Island Borough. JEFFREY moved to adopt Resolution No. FY2010 -02. Kodiak Island Borough Code 3.10.190 ordains that all fees be reviewed on an annual basis. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. Deputy Presiding Officer Branson recessed the meeting at 9 p.m. and reconvened the meeting at 9:05 p.m. Kodiak Island Borough Assembly Minutes May 21, 2009 Page 683 Ordinances for Introduction 1. Ordinance No. FY2010 -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 2009 and Ending on the Thirtieth Day of June 2010 (Fiscal Year 2010 Budget). FRIEND moved to adopt Ordinance No. FY2010 -01 in first reading to advance to public hearing at the next regular meeting of the Assembly. The ordinance included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise Funds for FY2010. The ordinance also levied a tax on the real and personal property within the Borough as well as upon natural resources extracted and removed from the Borough. Finance Director, Karl Short, gave a Power Point presentation of the 2010 Kodiak Island Borough budget. Manager Gifford also reported that additional revenue sharing adjustments would be made available at the next work session. Assembly member Branson encouraged the public to submit their comments on the budget on or before the June 4, 2009 regular meeting. In response to Assembly member Fulp's inquiry as to the Assembly's authority to raise taxes, Finance Director Karl Short stated that a raise in the mill rate does not need to go to the voters. Assembly member Friend asked Finance Director Short to graph mill rates in other Alaskan second class communities for comparison. Comparisons of services, adopted powers, total tax revenues, etc., were also requested. Deputy Presiding Officer Branson noted that Assembly member Jeffrey left the Assembly meeting at approximately 9:30 p.m. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Kaplan, Lynch, and Stutes. Other Items 1. Confirmation of the Mayoral Appointment to the Parks and Recreation Committee. STUTES moved to confirm the Mayoral appointment of Ms. Sandra West to the Parks and Recreation Committee for a term to expire December 2010. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Kaplan, Lynch, Stutes, and Branson. CITIZENS' COMMENTS Terry Haines spoke in support of the Assembly writing a letter to the Secretary of Commerce to review the LLP cod issue. He also suggested that the Kodiak Fisheries Advisory Council (KFAC) hold policy work sessions before its next meeting scheduled Fall 2009. These work sessions would allow fishermen to add their issues to a wish list to be compiled and reviewed at the next Borough Assembly /City Council joint work session. Mr. Haines also expressed his support in the continuing development of a fisheries research campus on Near Island and spoke in support of Kodiak being competitive in securing the residency of the research vessel. Kodiak Island Borough Assembly Minutes May 21, 2009 Page 684 ASSEMBLY MEMBER COMMENTS Assembly member Lynch had no comment. Assembly member Kaplan thanked the Girl Scout for the cookies. Assembly member Fulp commented on the calls she had received opposing the Assembly sending a letter regarding the LLP cod issue. She inquired as to the status of Perenosa Drive and wished the community a fun Crab Festival weekend. Manager Gifford responded that the Perenosa issue was scheduled for the June 17, 2009 Planning and Zoning Commission regular meeting. Assembly member Friend expressed the need to study the LLP cod issues, reported that the street corners in town were being prepped for the arrival of the windmill blades, and commented that his understanding was that the $28 million energy monies was attached to the existing energy rebate program. Assembly member Stutes thanked the Kodiak Chamber of Commerce and KICVB for their annual presentations and hard work, recognized Marita Kaplan for her participation in the "Hearing Voices" workshop, and voiced her support for the Alaska Region Research Vessel coming to Kodiak. Assembly members congratulated Finance Director Short and staff for the budget presentation award and commended him for the FY 2010 budget presentation. Announcements Deputy Presiding Officer Branson announced that the Assembly would meet in a work session on Thursday, May 28 in the Borough Conference Room. The next regular Assembly meeting was scheduled on Thursday, June 4, 2009 at 7:30 p.m. in the Borough Assembly Chambers. It was announced that the Kodiak Island Borough Offices would be closed on Monday, May 25, 2009 in celebration of Memorial Day. ADJOURNMENT STUTES moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Kaplan, Lynch, Stutes, Branson, and Friend. The meeting adjourned at 10 p.m. ATTEST: Thr Nova M. Javier, MM Kodiak Island Borough May 21, 2009 C, Borough Clerk KODIAK ISLAND BOROUGH Approved: July 2, 2009 Assembly Minutes Page 685