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2010-05-20 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting May 20, 2010 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, May 20, 2010, 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, Borough Assembly members Pat Branson, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. BRANSON moved to excused Assembly members Friend and Fulp who were absent for personal reasons. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda as submitted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Mayor Selby proclaimed May 23 through May 30, 2010, National Safe Boating Week urging all those who boat to be "Boat Smart. Boat Safe. Wear It." and practice safe boating habits. Debora King, Kodiak Chamber of Commerce Executive Director, gave the Chamber's annual budget presentation. Janet Buckingham, Kodiak Island Convention and Visitors Bureau Executive Director, gave the Bureau's annual budget presentation and overview of programs. CITIZENS' COMMENTS David Blacketer, President of the Senior Citizens Board of Directors, expressed his appreciation for the Borough's continued support and gave an overview of the current activities at the Senior Citizens Center. Mel Stephens commented on Contract No. FY2010 -35. Kodiak Island Borough Assembly Minutes May 20, 2010 Page 792 COMMITTEE REPORTS Don Rush, Providence Kodiak Island Medical Center Director expressed appreciation to the Borough for its support and gave the following update: • Efforts and needs for a new long term care facility in Kodiak. • Staffing needs. • Upgrades to the hospital facility. • Hospital's activities and financial status. Mike Sirofchuck, Parks and Recreation Committee Chair, gave an overview of the Trails Plan process. Assembly member Kaplan reported on the Trails Plan meeting held May 18, 2010. Assembly member Jeffrey reported on the Kodiak Fisheries Advisory Committee meeting that was held May 7, 2010. PUBLIC HEARING A. Resolution No. FY2011 -01 Establishing the Minimum Amount of Funds to Be Made Available From Local Sources for the Kodiak Island Borough School District For the Fiscal Year Beginning July 1, 2010 and Ending June 30, 2011. BRANSON moved to adopt Resolution No. FY2011 -01. KIBC 3.15.030B provides that the school district submit to the manager the proposed budget and local support requirements for the school by April 30. The School Board submitted their budget on April 30, 2010. Alaska Statutes 14.14.060c provides that if the Assembly did 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 would automatically be approved. Per Borough Code, the Assembly would determine the total amount of money to be made available from local sources for school purposes and would 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. Superintendent McDonald reported on the fund balance history (general fund) for the school district. Mayor Selby opened the public hearing. A video - conference was held with members of the different villages (Old Harbor, Akhiok, Ouzinkie, Larsen Bay, and Karluk) who spoke in support of the Kodiak Island Borough School District's budget and Borough funding. Port Lions was offline. Bill Watkins, Kristv Wahl, Catherine Allen - DeVries, Eric Waltenbauoh, Kristy Lyle, Teresa Baker, Susan Paine, and Bob Brodie spoke in support of full funding for the Kodiak Island Borough School District's budget. Kodiak Island Borough Assembly Minutes May 20, 2010 Page 793 Mel Stephens spoke in support of flat funding for the Kodiak Island Borough School District budget. Luke Fulp announced that the Kodiak Island Borough School District financial information was available on their web site. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Kaplan, Lynch, and Stutes. B. Ordinance No. FY2010 -01 B Amending Ordinance No. FY2010 -01 to Appropriate Funds for the Purpose of Providing Information on "An Initiative Creating an Alaska Anti - Corruption Act (Gag Law)" Which Will Be on the 2010 Alaska Primary Election Ballot. KAPLAN moved to adopt Resolution No. FY2010 -01 B. On August 24, 2010, an initiative would be on the Alaska primary ballot which would ask the voters to decide if public funds could be used for election campaigns. The Kodiak Island Borough believed that this law went deeper than was stated and the Assembly would like to release accurate information regarding this initiative to effectively communicate that municipalities would be affected in the following ways: municipalities would not be able to hire lobbyists for capital projects or for help with legislation; elected officials would not be able to travel to Juneau to talk with the legislature unless they paid for their travel and lodging with their own money; and municipalities would not be able to have any person lobby unless they are specifically invited by a legislator. In order to fund this advertising effort, AS 15.13.145(4b) required funds to be specifically appropriated for that purpose by a municipal ordinance. Ordinance No. FY2010 -01 B amended Ordinance No. FY2010 -01 and appropriated $1,000 for the purpose of providing information on the initiative. Mayor Selby opened the public hearing. Mel Stephens spoke against Ordinance No. FY2010 -01 B. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, and Branson. Kodiak Island Borough Assembly Minutes May 20, 2010 Page 794 BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Board of Equalization appeal hearings. • Spring Clean -up weekend. • Current Legislative report. • Governor Parnell's Kodiak schedule. • Meeting with Exxon EVOS group about Alaska Department of Fish & Game (ADF &G) building. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby and Manager Gifford met with Exxon EVOS group on Friday requesting funds for the ADF &G building. Final funding is dependent on the bond issue which will be on the general election ballot in November. Mayor Selby also addressed his meeting with Pat Gamble and the homeport of the research vessel in Kodiak. A copy of Lash's proposal had been requested and forwarded along with an updated letter of support from the Borough. The Mayor also attended an AML Board Meeting and the Gag Law was discussed at length. The goal of the coalition was to get the information out to the public. Mayor Selby thanked the KIBSD for taking care of maintenance problems with the school facilities; and thanked the Borough and the School District for their successful working relationship. UNFINISHED BUSINESS — None. NEW BUSINESS Contracts 1. Contract No. FY2010 -35 KIB /Providence Letter of Intent for Collaboration on Development and Operation of a New Long Term Care Facility in Kodiak. BRANSON moved to authorize the Manager to execute Contract No. FY2010 -35 KIB /Providence Letter of Intent for Collaboration on Development and Operation of a New Long Term Care Facility in Kodiak. The replacement of the Long Term Care Facility (The Care Center) in Kodiak was a priority project identified in the Kodiak Island Borough Strategic Plan and in the Borough's Capital Improvement Program. Replacement of The Care Center would require cooperative and collaborative effort between the Kodiak Island Borough, which would be the owner of the facility, and Providence Health and Services — Washington, which would lease and operate the facility. A Letter of Intent was created to set forth the responsibilities and terms under which each entity would work to provide a collaborative effort for the accomplishment of this project. The Letter of Intent was brought before the Assembly for review and approval for the Borough Manager to execute the document and move forward with the project. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Kaplan, Lynch, Branson, and Jeffrey (Ayes); Stutes (No). Kodiak Island Borough Assembly Minutes May 20, 2010 Page 795 Resolutions 1. Resolution No. FY2010 -34 Adopting the 2009 Determination of The Population of The Borough as Revised by the Department of Commerce, Community and Economic Development. This item was approved under consent agenda. The Department of Commerce, Community, and Economic Development originally determined the 2009 population of the Kodiak Island Borough to be 13,860; and the City of Akhiok appealed its 2009 population determination, and the Department increased it from 51 to 80 based upon a head count census. The Kodiak Island Borough must request its original population determination of 13,860 be adjusted to 13,889 to include the Akhiok increase; and 3AAC 130.043(d) requires that the governing body of a municipality pass a resolution adopting the results of a census or population estimate. To comply, staff recommended the Kodiak Island Borough Assembly adopt the approved results of the census conducted by the City of Akhiok and requested the Department to revise the Borough's 2009 population accordingly. Ordinances for Introduction 1. Ordinance No. FY2010 -01 C Amending Ordinance No. 2010 -01 Fiscal Year 2010 Budget By Amending Budgets To Account For Various Revenues That Are Over Budget, Provide For Additional Expenditures, Budget New Projects, Accept Grants, And Move Funds Between Projects. JEFFREY moved to adopt Ordinance No. FY2010 -01 C in first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance: • Reduced the budget for real and personal property taxes by $31,000 in the General Fund budget. • Increased the General Fund Licenses and Permits budget by $20,000. • Reduced the General Fund Federal Shared Revenue budget by $97,837. • Reduced the General Fund Off -Shore Raw Fish Tax revenue budget by $32,030. • Increased the General Fund Cruise Ship revenue budget by $25,500. • Increased the General Fund interest earnings revenue budget by $50,000. • Increased the anticipated use of the General Fund Balance to $456,397. • Increased the General Fund Engineering /Facilities Department budget by $60,000. • Increased the General Fund Animal Control Department budget by $1,625. • Increased the General Fund transfers out by $329,405. ($29,405 to debt service, $250,000 for a code update, and $50,000 for a road system trails plan.) • Moved $95,000 from the General Fund to Fund 450 — Capital Projects to cover the expenses of a failed oil tank at the Chiniak School. • Increased the Land Sale Fund budget $73,298 to cover costs associated with the 2009 flood. • The Building and Grounds fund should receive another $11,070 from the school district for building rent. • The Building and Grounds fund needed to transfer $95,000 to Capital Projects fund 450 to remediate Chiniak School oil spill. Kodiak Island Borough May 20, 2010 Assembly Minutes Page 796 • Increased the Womens Bay Road Service District budget $173,405 to cover costs associated with the 2009 flood. • Increased the Monashka Bay Road Service District budget $43,816 to cover costs associated with the 2009 flood. • Reduced the transfer from the Facilities Fund to the Debt Service Fund by $29,405. • Moved available balances in some projects in Funds 410 (Borough Capital Projects), 420 (GO Bond Projects), 430 (State Capital Grants), and 450 (Capital Projects) to other projects in Funds 410,420, 430 and 450. • Accepted a $475,000 HUD grant and authorizes the Manager to execute. • Accepted $8,872 Rural Firefighters Association grant and authorized the Manager to execute. • Accepted a $4,144 Volunteer Firefighters Association grant and authorized the Manager to execute. • Accepted a $90,000 Community Development block grant for Care Center design (project 09010) and authorized the Manager to execute. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Jeffrey, and Kaplan. 2. Ordinance No. FY2011 -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 2010 and Ending on the Thirtieth Day of June 2011 (Fiscal Year 2011 Budget.) KAPLAN moved to adopt Ordinance No. FY2011 -01 in first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Projects Funds, and Enterprise Funds. The ordinance also levies a tax on the real and personal property within the Borough as well as upon natural resources extracted and removed from the Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Jeffrey, Kaplan, and Lynch. Other Items 1. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission. BRANSON moved to confirm the Mayoral appointment of Mr. Jay Baldwin to the Planning and Zoning Commission, Borough seat, for a term to expire December 2011. There were two vacancies on the Planning and Zoning Commission, one City seat and one Borough seat. Applications were received from Jay Baldwin and Gary Turk Martin for the Borough seat for a term to expire December 31, 2011. Kodiak Island Borough Assembly Minutes May 20, 2010 Page 797 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Kaplan, Lynch, and Stutes. CITIZENS' COMMENTS — None. ASSEMBLY MEMBER COMMENTS Assembly member Stutes commended Parks and Recreation Committee for its public outreach efforts on the Trails Plan. She also recognized Karl Short for his budget presentation. Assembly member Branson outlined her approach of dealing with challenges on the Borough Assembly. Assembly member Jeffrey thanked the Coast Guard Auxiliary for its community services. Assembly member Kaplan recognized Karl Short for the budget presentation and Parks and Recreation Committee for the Trails Plan process. Assembly member Lynch thanked Drew Herman for his participation in the Coast Guard Auxiliary and its efforts in safety. Announcements The Mayor announced that the next Assembly work session would be held on Thursday, May 27, 2010, at 6:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, June 3, 2010, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, and Branson. The meeting adjourned at 10:45 p.m. ATTEST: Nova M. Javier, MMC, B Kodiak Island Borough May 20, 2010 rough Clerk KODIAK ISLAND BOROUGH `Ctdi J me M. Selby; -M Approved: July 1, 2010 Assembly Minutes Page 798