Loading...
2008-09-18 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting September 18, 2008 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, September 18, 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 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, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. BRANSON moved to excuse Assembly member Abell who was out on personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA FRIEND moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The following items were approved under consent agenda: • Contract No. FY2009 -05 Providence Kodiak Island Counseling Services to KIB School District for School Year 2008 -2009. • Resolution No. FY2009 -05 Authorizing the Approval of Lease Regarding the Women's Bay Fire Hall Apartment. • Approval of Election workers APPROVAL OF MINUTES A. Regular meeting minutes of August 7, 2008 and Special meeting minutes of August 14, 2008 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed the fourth Monday of September as "Family Day, a Day to Eat Dinner with Your Children." Mayor Selby proclaimed the month of September "Alcohol and Drug Addiction Recovery Month." Mr. Ken McCarty of Providence Kodiak Island Counseling Center received the proclamation. Mayor Selby proclaimed October 11, 2008 United State Coast Guard "We Applaud You" Day. Kodiak Island Borough Assembly Minutes September 18, 2008 Page 589 Manager Gifford presented a Certificate of Achievement for Excellence in Financial Reporting to Finance Director Karl Short. CITIZENS' COMMENTS Darlene Turner, Secretary of the Kodiak Island Bed and Breakfast Association, urged the Assembly not to award monies at this time because of the contentious issues that have not been resolved. Marion Owens spoke in support of Resolution No. FY2009 -04. She opposed the Borough allocating funds to the Bed and Breakfast Association. Robin Haight spoke in support of Resolution No. FY2009 -03. Jim VanAtta, Treasurer of the Kodiak Island Bed and Breakfast Association, opposed the accommodation tax monies being allocated to the Kodiak Bed and Breakfast Association. COMMITTEE REPORTS Assembly member Friend, Kodiak College Council Assembly Representative, spoke briefly on the different programs and activities at the college. Assembly member Jeffrey attended the Kodiak Fisheries Advisory Committee meeting. She announced they were having problems establishing a quorum. The following seats are vacant: lodge /charter boat operators seat, rural communities seat, and large trawl vessels seat. Assembly member Oswalt attended the Architectural Review Board where the Bayside Fire Hall addition was discussed. He reported that changes were to be made and he felt they had done a good job. Assembly member Lynch attended the SWAB work session and reported that they were working toward education and getting the word out regarding recycling. The Board was energized to get the go ahead from the Assembly. PUBLIC HEARING A. Resolution No. FY2009 -04 Adopting the Kodiak Area Coordinated Transportation Plan. BRANSON moved to adopt Resolution No. FY2009 -04. This resolution was requested by Assembly member Branson to express continued support to KATS in its goal to provide safe and reliable transportation to those residents who need it the most so they might remain living independently for as long as possible. Mayor Selby opened the public hearing. Hearing and seeing none, he closed the public hearing. Assembly member Branson spoke in support of KATS and outlined the process of the plan. Assembly member Jeffrey gave personal testimony of the service that KATS gives to local community members. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. Kodiak Island Borough Assembly Minutes September 18, 2008 Page 590 BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Federal Highway System agreed to obligate the funds for the North Star trail system in the amount of 1.3 million dollars. Construction should begin next spring. • Planning and Zoning Commission is meeting in Larsen Bay this weekend to hold a public hearing on zoning cases in the community. • Reported that he would be attending the annual International City Managers Association Conference in Richmond, Virginia and then he would be taking annual leave to visit family. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported the following: • Attended the summer meeting of AML and Alaska Conference of Mayors where they addressed priorities for the Fall AML conference including a resolution for an Alaska transportation trust fund. • Energy assessment was discussed and recommendations were made on how communities could be more self - sufficient. • Update on revenue sharing and plan to be bumped up to $75 million for an annual allocation. • PERS was discussed and the amount has been reduced. • Legislature may revisit the APOC disclosure form and possibly go back to the old system. • Attended the Western Interstate Board Region on behalf of AML in early October and discussed what is going on nationally in terms of PILT. UNFINISHED BUSINESS A. Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. This item was presented to the Assembly on June 5, 2008, advanced to public hearing on June 19, 2008, postponed to August 7, 2008 and postponed again to September 4 (meeting cancelled.) Second opinion was received and changes recommended were incorporated in the ordinance to clarify proposed language. It was recommended to clarify the standards for preauthorization and consideration should be given to a comprehensive set of provisions dealing with the indemnification of borough officials. Branson moved to postpone Ordinance No. FY2008 -21 indefinitely and directed staff to look more into a comprehensive set of provisions dealing with the indemnification of Borough officials. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, and Branson. B. Resolution No. FY2009 -03 Approving Fiscal Year 2009 Support to the Kodiak Island Bed and Breakfast Association. This resolution allocated part of the bed tax proceeds to the Kodiak Island Bed and Breakfast Association for marketing bed and breakfasts located within the Kodiak Island Borough. This was postponed from the July 17, 2008 meeting. Kodiak Island Borough Assembly Minutes September 18, 2008 Page 591 STUTES moved to postpone Resolution No. FY2009 -03 indefinitely. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Stutes, Oswalt, Branson, and Friend. NEW BUSINESS Contracts A. Contract No. FY2009 -05 Providence Kodiak Island Counseling Services to KIB School District for School Year 2008 -2009. This item was approved under consent agenda. Resolutions A. Contract No. FY2009 -05 Providence Kodiak Island Counseling Services to KIB School District for School Year 2008 -2009. This item was approved under consent agenda. B. Resolution No. FY2009 -06 Adopting a State Legislative Capital Improvement Projects Priority List for the 2009 Legislative Session. BRANSON moved to adopt Resolution No. FY2009 -06. This resolution compiled the list of legislative capital improvement priority projects for the Kodiak Island Borough for the 2009 Legislative session. It was important to have the list completed early so that projects may be considered by the different state agencies and hopefully, be included in the Governor's Capital Budget. This list will be forwarded to the legislative delegation, the Governor and any state agencies that would have oversight and /or involvement in the project. Assembly member Stutes would like to see a letter of intent from the Department of Fish and Game that they would rent/lease the building from the Borough once the new facility was built. Assembly member Branson was glad to see the nursing home plan and design and seismic upgrades that are on the list. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Branson, Friend, and Jeffrey. C. Resolution No. FY2009 -07 Approving the Village of Karluk and Its Native Village Council to Participate in the FY2009 Community Revenue Sharing Program. FRIEND moved to adopt Resolution No. FY2009 -07. This resolution identified Karluk as an unincorporated community that meets the Community Revenue Sharing Program eligibility criteria established under AS 29.60.865, AS 29.60.879 and 3 AAC 180.110. Karluk has more than 25 residents and provides fire protection, emergency medical response, water and sewer, solid waste management, and public road maintenance to its residents. Staff recommended this Resolution for approval. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Branson, Friend, Jeffrey and Lynch. Kodiak Island Borough Assembly Minutes September 18, 2008 Page 592 D. Resolution No. FY2009 -08 Supporting the Need for a Comprehensive Study of the Existing Modes of Transportation Along With the Transportation Needs of the Communities on Kodiak Island and Urging the Denali Commission to Fund a Portion of the Island -Wide Transportation Study. STUTES moved to adopt Resolution No. FY2009 -08. This resolution would indicate the Borough's support of a transportation feasibility study to determine how transportation services could be coordinated and improved on Kodiak Island in order to address travel, fuel delivery, and freight delivery needs and their costs to our rural communities. The Island -wide Transportation Study was a 2008 Legislative priority. The Alaska Department of Transportation indicated they would fund $100,000 of the estimated $250,000 needed to conduct the study. KIB is applying for a grant from the Denali Commission requesting an additional $125,000 in funding and this resolution of support is required as part of the grant application. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Jeffrey, Lynch, and Oswalt. Ordinances for Introduction — None. Other Items 1. Approval of Workers for the October 7, 2008 Regular Municipal Election. This item was approved under consent agenda. 2. Accepting the FY2009 Designated Legislative Grant #09 -DC -567, Road Service Area Rehabilitation and Paving and Authorizing the Manager to Enter Into an Agreement with the State of Alaska Department of Commerce, Community and Economic Development. JEFFREY moved to accept the FY2009 Designated Legislative Grant #09 -DC -567, Road Service Area Rehabilitation and Paving and Authorizing the Manager to Enter into an Agreement with the State of Alaska Department of Commerce, Community and Economic Development. The purpose of this action was to accept FY2009 Designated Legislative Grant #09 -DC -567, Road Service Area Rehabilitation and Paving in the amount of $2,500,000, from the State of Alaska Department of Commerce Community and Economic Development. This grant was contingent upon ratification and sale of General Obligation Bonds and no charges can be accrued toward this grant until notification was given by the Department of Commerce Community and Economic Development. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt and Stutes. 3. Accepting the FY2009 Designated Legislative Grant #09 -DC -223, Area Wide School Supplies and Equipment and Authorizing the Manager to Enter Into an Agreement with the State of Alaska Department of Commerce, Community and Economic Development. BRANSON moved to accept the FY2009 Designated Legislative Grant #09 -DC -223, Area Wide School Supplies and Equipment and Authorizing the Manager to Enter into an Agreement with the State of Alaska Department of Commerce, Community and Economic Development. Kodiak Island Borough Assembly Minutes September 18, 2008 Page 593 The purpose of this action was to accept FY2009 Designated Legislative Grant #09 -DC -223, Area wide School Supplies & Equipment in the amount of $130,000, from the State of Alaska Department of Commerce Community and Economic Development. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, and Branson. 4. Assembly Approval of the Vacation of a 20 -Foot Wide Portion of a Utility Easement in Accordance With KIBC 16.60.060 Along the West Side Lot Line of Lot 13, Woodland Acres Subdivision, 1S Addition. FRIEND moved to approve the vacation of a 20 -foot wide portion of a utility easement in accordance with KIBC 16.60.060 along the west side lot line of Lot 13, Woodland Acres Subdivision, First Addition. The commission granted approval of a preliminary plat where the applicant desired to eliminate a 20 -foot wide utility easement and construct an addition on to his existing structure. He has contacted the various potential users of the utility easement and they have expressed non - objection to this vacation. Because there is a vacation of a utility easement involved, KIBC 16.60.060 requires assembly review and approval. If approved, the applicant will submit a final plat that meets KIBC code requirements. Staff recommended approval. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Branson, and Friend. 5. Assembly Approval of the Vacation of a 20 Foot Wide Utility Easement in Accordance with KIBC 16.60.060 That Is Shared By Existing Lot 2B and Lot 2C, Block 1, Bells Flats, Alaska Subdivision. JEFFREY moved to approve the vacation of a 20 foot wide utility easement in accordance with KIBC 16.60.060 that is shared by existing Lot 2B and Lot 2C, Block 1, Bells Flats, Alaska Subdivision. The commission granted approval of a preliminary plat where the applicant reconfigured his two lots by shifting interior lot lines. The existing utility easement will be eliminated and vacated with this shift in property line. Because there is a vacation of an easement involved, KIBC 16.60.060 requires assembly review and approval of any vacated area. The applicant has contacted various utilities about this action and has received non - objection statements. Staff recommended approval. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Branson, Friend, and Jeffrey. CITIZENS' COMMENTS David Wilson, School Psychologist, wrote a letter that was read into the record. The letter outlined the lack of security in the existing high school building stating specific examples. His letter was in support of a new high school. Kodiak Island Borough Assembly Minutes September 18, 2008 Page 594 Debra Nielsen, member of Friends of Kodiak High School, read the fact sheet in the brochure in support of Proposition No. 2. Robin Haight asked for continued partnership and support and hoped the Assembly would reconsider the allocation of funds to the Kodiak Island Bed and Breakfast Association. ASSEMBLY MEMBER COMMENTS Assembly member Lynch, Oswalt, Jeffrey and Friend had no comments. Assembly member Branson congratulated the Finance Department on its receipt of the Achievement for Excellence in Financial Reporting. Assembly member Stutes congratulated the Finance Department. In response to her question regarding the status of repair of Mission Road, Manager Gifford said the bid came out higher than expected and Senator Stevens is currently seeking additional funding. Announcements Mayor Selby announced the work session scheduled on September 25, 2008 and regular meeting on October 2, 2008 have been cancelled. The Regular Election will be held on Tuesday, October 7, 2008. The next Assembly work session would be held on Thursday, October 9, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, October 16, 2008 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION: Oswalt, Stutes, Branson, Jeffrey, Friend and Lynch. The meeting adjourned at 8:50 p.m. ATTEST: Nova M. Javier, CNjC, Borough Clerk Kodiak Island Borough September 18, 2008 KODIAK ISLAND BOROUGH e'me M. Selby, Ma Approved: November 6, 2008 Assembly Minutes Page 595