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2009-06-04 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting June 4, 2009 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, June 4, 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, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. BRANSON moved to excuse Assembly member Jeffrey who was absent due to personal leave. 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 CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Special meeting minutes of May 14, 2009 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented the Master Municipal Clerk (MMC) designation to Borough Clerk Nova Javier. CITIZENS' COMMENTS Pat Holmes, Kodiak Historical Society Chairman, thanked the Assembly for its continued support of the Society as a non - profit organization. Mike Milligan commented on the hiring of the Enforcement Officer. Janet Buckingham thanked the Assembly for its continued support of the Kodiak Island Convention and Visitor's Bureau. Shawn Dochtermann recommended that a letter regarding the LLP Cod Recency be submitted to the Secretary of Commerce, spoke on the issue of Crab Rationalization, and urged the Assembly and City Council to jointly appoint a representative to speak with the Secretary of Commerce addressing issues the community was facing. Rhonda Maker urged the Assembly to support a letter to the Secretary of Commerce regarding the LLP Cod Recency issue and commended Mr. Dochtermann for his work on the Crab Rationalization issue. Gretchen Saupe spoke in support of non - profit groups, the services they provide to the community, and thanked the Assembly for its continued support. Kodiak Island Borough Assembly Minutes June 4, 2009 Page 686 Charlie Davidson encouraged Assembly support of the LLP Cod Recency letter to the Secretary of Commerce. Darius Kasprzuk encouraged Assembly support of the LLP Cod Recency letter to the Secretary of Commerce. Trevor Brown thanked the Assembly for its continued support of the Kodiak Chamber of Commerce. COMMITTEE REPORTS Assembly member Kaplan reported that the Parks and Recreation Committee was in the process of negotiating a contract for the Master Trails Plan. Assembly member Stutes gave an update on the Providence Kodiak Island Counseling Center board meeting and the "Hearing Voices" program. Assembly member Branson reported on the new Greenhouse Long -Term Care Facility in Seward as discussed during the Providence Regional meeting and invited Assembly members to tour the facility in August 2009. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control (ABC) Board Kodiak Inn, Inc.'s Request for Transfer of Controlling Interest. Applicants: Judith E. Johnson, John R. Johnson, and Douglas L. Johnson. FRIEND moved to voice non - protest to Kodiak Inn, Inc.'s Request for Transfer of Controlling Interest. Applicants: Judith E. Johnson, John R. Johnson, and Douglas L. Johnson. Staff followed the requirements dictated by KIBC 5.01.030 and recommended non - protest of the transfer of controlling interest to the applicants. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Kaplan, Lynch, and Stutes. B. 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). BRANSON moved to adopt Ordinance No. FY2010 -01. 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. A substituted copy of Ordinance No. FY2010 -01 was provided. The revised ordinance no longer included the 2.5 mill tax increase, correctly distributed the non- profit funding increase, and included other adjustments to the FY2010 budget. Kodiak Island Borough Assembly Minutes June 4, 2009 Page 687 BRANSON moved to amend Ordinance No. FY2010 -01 by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FIVE TO ONE: Friend, Fulp, Kaplan, Lynch, and Branson (Ayes); Stutes (No). Mayor Selby opened the public hearing. Mel Stephens spoke on the increase of Borough revenues over recent years, budget inflation, and the increase of property taxes. Mike Milligan spoke in support of Borough funds going to education, was concerned that the new enforcement officer may build resentment among the community, and encouraged the Borough to make more land available for future development. Sarah Thayer supported the comments made by Mr. Stephens. Mayor Selby closed the public hearing. Assembly members spoke in support of the budget, commented on the benefits to the community through services provided by the Borough, reminded voters that the mill rate increase was approved when the New Kodiak Pool bond project was voted on, and spoke on the importance of the Enforcement Officer position in support of plans that were being implemented by the Borough. Assembly member Branson noted that the Borough has the lowest mill rate in the State and urged the public to become more involved in the budget process in the future. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FIVE TO ONE: Fulp, Kaplan, Lynch, Branson, and Friend (Ayes); Stutes (No). BOROUGH MANAGER'S REPORT Manager Gifford provided a status update on the construction projects and thanked Finance Director Short and Borough staff for assembling the FY2010 budget. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on his attendance at the Western Interstate Region (WIR) conference as the Alaskan representative on the WIR Board of Directors and spoke on the benefits of the "Payment in Lieu of Taxes" program. UNFINISHED BUSINESS None. NEW BUSINESS Contracts A. Contract No. FY2009 -19 Between the Kodiak Island Borough and the Kodiak Chamber of Commerce for Economic Planning and Project Development Within the Kodiak Island Borough for FY2010. KAPLAN moved to authorize the Manager to execute Contract No. FY2009 -19 with Kodiak Chamber of Commerce of Kodiak, Alaska for Economic Planning and Project Development within the Kodiak Island Borough for FY2010 in the amount not to exceed $43,000. Kodiak Island Borough Assembly Minutes June 4, 2009 Page 688 The Kodiak Island Borough 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 was used to establish an Economic Development Specialist Position at the Chamber. The position ensured that the Borough was provided with economic development expertise and support, was 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 the relationship for the 2010 fiscal year. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. B. Contract No. FY2009 -20 Between the Kodiak Island Borough and Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services for FY2010. BRANSON moved to authorize the Manager to execute Contract No. FY2009 -20 with Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services for FY2010 in the amount not to exceed $55,000. The Kodiak Island Convention and Visitors Bureau (KICVB) provided destination marketing and tourism development for the Kodiak Island Borough for several years. Funding from the Borough's Bed Tax revenue and the City of Kodiak was used to support KICVB. The contract would renew the relationship for the 2010 fiscal year. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, and Kaplan. Resolutions A. Resolution No. FY2009 -35 Authorizing the Borough Manager to Apply for and Receive Funds From the U.S. Department of Energy, Energy Efficiency and Conservation Block Grant. FRIEND moved to adopt Resolution No. FY2009 -35. The Kodiak Island Borough was eligible to receive a direct formula grant in the amount of $50,000 from the Energy Efficiency and Conservation Block Grant Program through the U.S. Department of Energy as designated by the American Recovery and Reinvestment Act of 2009. A requirement of the grant application was to provide an assurance designating the proper authority to apply for and receive the funding. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Kaplan, and Lynch. Ordinances for Introduction A. Ordinance No. FY2009 -01 E Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Account for Various Revenues that are Over Budget, Provide for Additional Expenditures, Budget New Projects, and Move Funds Between Projects. STUTES moved to adopt Ordinance No. FY2009 -01 E in first reading to advance to public hearing at the next regular Assembly meeting. Kodiak Island Borough Assembly Minutes June 4, 2009 Page 689 Budget amendments were as follows: • The Miscellaneous line item of the revenue section of the General Fund was increased by $67,000. • The Use of Fund Balance in the General Fund was increased by $121,000. • The School District Support Department Fund was decreased by $84,000. • Transfers out were increased by $272,000; $62,000 was for increased costs in the School Buildings Department in the Building and Grounds Fund and $210,000 was for Hospital Parking. • Building and Grounds Fund School Buildings Department expenditures were expected to exceed its budget by $50,000. • A new department entitled School Building Major Maintenance was created and budgeted at $12,000. • Womens Bay Road Service District expenditures exceeded its budget by $6,006. • Bay View Road Service District expenditures exceeded its budget by $4,670. • The Debt Service budget was amended to account for the refunding of the 1998 bond issue. • FY2009 Year End Closure of the following completed projects and unexpended funds were moved to other projects. 1. Project 03110 Borough Building Emergency Generator 2. Project 05023 Peterson Seismic Upgrade 3. Project 08002 Main Elementary Asbestos Abatement • Cancellation of the following projects and unexpended funds were moved to other projects. 1. Project 03108 Borough Building Parking Lot 2. Project 03106 KHS Emergency Generator 3. Project 03109 Borough Building Air Handling Penthouse 4. Project 07016 Repair and Replacement of Culverts at Panamaroff Creek, 5. Project 07018 KHS Pool Repairs • Acceptance of a $2,500,000 grant to repair and pave Service Area No. 1 roads. • Acceptance of a $130,000 grant for school supplies and equipment. • Acceptance of a $125,000 grant from the Denali Commission for an island -wide transportation study. • The Borough was expected to receive a $100,000 grant from the State of Alaska Department of Transportation for an island -wide transportation study. • Project 03112 Hospital Access and Parking Phases I & II were expected to exceed its budget by $210,000. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Kaplan, Lynch, and Stutes. Other Items A. Confirmation of Assembly Appointment to the Womens Bay Service Area Board. BRANSON moved to confirm the Assembly appointment of Ms. Amanda Henderson to the Womens Bay Service Area Board for a term to expire 2010. Womens Bay Service Area Board met on June 2, 2009 to review applications received for the vacant seat term to expire 2010. Ms. Amanda Henderson submitted her application to the Board on May 21, 2009 and was the sole applicant. The Board recommended the appointment of Ms. Henderson to the vacant seat for a term to expire October 2010. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Kaplan, Lynch, Stutes, and Branson. Kodiak Island Borough Assembly Minutes June 4, 2009 Page 690 CITIZENS' COMMENTS Loma Arndt spoke against the Borough's intention to hire additional personnel and spoke in favor of reducing property taxes. Charlie Davidson thanked the Assembly for not implementing the proposed mill rate increase. Mel Stephens commended the Borough for making meeting packets more accessible to the public, urged the School District to make its budget accessible to the public on its website, and urged the Assembly to reconsider the budget public hearing process to allow additional opportunities for public testimony. ASSEMBLY MEMBER COMMENTS Assembly members congratulated Clerk Javier on her MMC designation, thanked Manager Gifford and Finance Director Short for their work on the FY2010 budget, and supported reviewing the budget public hearing process in order to receive more public input. Assembly member Stutes congratulated Ms. Henderson on her appointment to the Womens Bay Service Area Board. Assembly member Friend inquired about the status of the expected funding for paving the roads of the Woodland Acres Subdivision. Manager Gifford noted that the project was soon to be put forth for bids. Assembly member Fulp thanked Manager Gifford for his effort in securing stimulus package funds, thanked Mayor Selby for the update on the "Payment In Lieu of Taxes" program, and asked that the LLP Cod Recency letter include reasons for the Secretary of Commerce to review the issue on behalf of all parties. Assembly member Branson noted that 70% of the Borough budget goes to funding the School District budget. Announcements Mayor Selby announced that he and Assembly members would be attending the inaugural visit and plaque exchange of the Pacific Princess on Friday, June 5, 2009, 11 a.m. to 12:30 p.m. at the Kodiak Harbor. The Assembly would meet in a work session on Thursday, June 11, 2009 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, June 18, 2009 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: Fulp, Kaplan, Lynch, Stutes, Branson, and Friend. Assembly members and Clerk Javier were invited to join in executive session. Mayor Selby recessed the regular meeting at 8:50 p.m. and convened into executive session. Kodiak Island Borough Assembly Minutes June 4, 2009 Page 691 Mayor Selby reconvened the regular meeting at 9:20 p.m. BRANSON moved to place the annual review of Borough Clerk Nova Javier into her personnel record, to increase the Clerk's salary to Range 23, Step M, and approve a merit award of $2,500. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, and Kaplan. The meeting adjourned at 9:23 p.m. ATTEST: KODIAK ISLAND BOROUGH Jer 1/ e M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved: August 6, 2009 Kodiak Island Borough Assembly Minutes June 4, 2009 Page 692