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2009-09-03 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting September 3, 2009 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, September 3, 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, Judy Fulp, Sue Jeffrey, 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 Friend who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of July 16, 2009 and Special Meeting Minutes of July 30, 2009 were approved under the consent agenda. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS Trent Dodson, Cook Inlet Regional Citizens Advisory Council (CIRCAC) Director of Public Outreach extended an invitation to the Assembly and the public to attend the CIRCAC quarterly board meeting on Friday, September 4, 2009, at the Kodiak Inn. Informational documents regarding the activities of CIRCAC were made available. Mel Stephens spoke against the proposed Alaska Department of Fish and Game (ADF &G) building listed within Resolution No. FY2010 -07. Lorna Arndt spoke on the subjects of solid waste collection fees and Borough involvement in building State office buildings. COMMITTEE REPORTS Assembly member Branson reported on the travel to Seward for the Greenhouse Model Presentation and Tour, September 24 -25, 2009. Assembly member Lynch reported on the recent actions of the Solid Waste Advisory Board (SWAB). Negotiations with firms responding to the Solid Waste Collections Contract Request for Proposal (RFP) were in process. Kodiak Island Borough Assembly Minutes September 3, 2009 Page 721 Assembly member Jeffrey reported on the Kodiak Fisheries Advisory Council (KFAC) meeting with University of Alaska Fairbanks Chancellor Bryan Rogers which included discussions on developing economic solutions for the fishing industry and Kodiak community. PUBLIC HEARING A. Ordinance No. FY2010 -05 Amending Kodiak Island Borough Code Title 3 Revenue and Finance Chapter 3.05 Fiscal Policy Section 3.05.030 Debt Policies. KAPLAN moved to adopt Ordinance No. FY2010 -05. The ordinance would update the debt policies of the Borough. The Borough had a very conservative debt policy and in many ways it made sense to not have it so restrictive. The reasons for this were: 1. The State of Alaska generally reimbursed the Borough for 60 to 70% of its debt. 2. Under the Governmental Accounting Standards Board (GASB) the State reimbursement was not considered in the net bonded debt calculation but was a very real commodity. 3. General Fund expenditures made up a very small percentage of total Borough revenues. 4. The financial stability of the Borough was further enhanced by the Facilities Fund which did not exist when the policies were originally adopted. The ordinance would change the net debt as a percentage of the estimated market value of taxable property from five percent to fifteen percent. The International City /County Management Association (ICMA) in its publication "Evaluating Financial Condition" recommended that a government's net debt should not exceed 10 percent and what was left out of the formula was the large amount of State reimbursement for the Borough's debt. The ordinance would remove the paragraph stating: "The ratio of debt service expenditures as a percent of governmental fund expenditures should not exceed 20 percent ". Generally, the ratio was for debt service expenditures compared to governmental revenues. The general fund in the Borough was a very small part of its total operations. Mayor Selby opened the public hearing. Mel Stephens spoke against the adoption of Ordinance No. FY2010 -05. Mayor Selby closed the public hearing. Assembly members discussed reliance on the State for debt reimbursements, the affect not adopting the ordinance would have on the upcoming bond propositions, and the Borough's bond rating. Finance Director Short explained the reasons for changing the percentage in the ordinance to 15 percent. ROLL CALL VOTE ON MAIN MOTION CARRIED FIVE TO ONE: Branson, Fulp, Jeffrey, Kaplan, Lynch (Ayes); Stutes (No). BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Clarified that the Assembly could be provided with the names of the proposers to the Solid Waste Collections RFP however the proposals themselves were considered confidential until after award of the contract and could not be provided. Proposals were received from Alaska Waste of Anchorage, AK and C.K. Russet Enterprises of Iron Mountain, MI; Schaeffer Systems of Charlotte, NC submitted a letter opting out of the proposal process. Based on evaluations of the two responders Alaska Waste was selected as the top proposer, negotiations on contracted services were in the process. Kodiak Island Borough Assembly Minutes September 3, 2009 Page 722 • Due to recent KIB Code revisions, substantial adjustments would be made to the Solid Waste Management Plan at the same time as negotiations, so that the Contractor would have the opportunity to provide input based on their experience in Kodiak. • Reported on the visit with Governor Parnell on Friday, August 28. • Reported on his attendance at the Senate Resource Energy Committee Public Hearing on Tuesday, September 1. • Noted that he would be out of the office September 4 — 20 for personal leave as well as to attend the International City Managers Association (ICMA) Conference and to meet with the congressional delegation and lobbyist in Washington, DC. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on his attendance at the Alaska Municipal League (AML) Board of Directors meeting and noted that the topic of energy was discussed at length by the Board. UNFINISHED BUSINESS None. NEW BUSINESS Contracts A. Contract No. FY2010 -16 Cooperation Agreement Between the Kodiak Island Borough and the Kodiak Island Housing Authority. BRANSON moved to authorize the manager to execute Contract No. FY2010 -16 Cooperation Agreement between the Kodiak Island Borough and Kodiak Island Housing Authority. Kodiak Island Housing Authority (KIHA) identified a shortage of affordable housing for young adults striving for self - sufficiency and proposed to provide them with a safe and stable living environment through a residential setting. The services that would be implemented were designed to help young people successfully transition to independent living and self- sufficiency by assisting young adults in providing their own basic needs with on -site staff providing case management and mentoring. KIHA was targeting young people who were enrolled at Kodiak High School or Kodiak College that were unable to access affordable, safe, and sanitary housing. Education and employment goals would be established when housing participants had been deemed eligible to participate in KIHA's transitional housing program. KIHA was looking for a residence to purchase for this purpose. Staff requested the Assembly's approval and authorization for the manager to sign the cooperation agreement which was required under Section 101 of the Native American Housing and Self Determination Act of 1996, 25 U.S.C. and 4111 (NAHASDA). Indian Housing Block Grant (IHBG) funds provided on behalf of an Indian tribe could not be used for rental or lease - purchase homeownership units that were owned by the IHBG recipient for the tribe and developed under NAHASDA or the United States Housing Act of 1937 (42 U.S.C. and 1437 et seq.) unless the governing body of the locality, within which the rental or lease- purchase units were or would be situated had entered into an agreement with the recipient. The cooperation agreement would exempt the property purchased by KIHA (as proposed and to be subsequently identified by legal description) from property taxation and would require KIHA to make Payments in Lieu of Tax as set forth in the agreement. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. Kodiak Island Borough Assembly Minutes September 3, 2009 Page 723 B. Contract No. FY2010 -17 Lease Agreement Between the Kodiak Island Borough and Frontier Business Systems, Inc. for Two Bizhub C552 Imaging Systems. STUTES moved to authorize the manager to execute Contract No. FY2010 -17 lease agreement between the Kodiak Island Borough and Frontier Business Systems, Inc. for two Bizhub C552 Imaging Systems. The lease was for two Bizhub C552 imaging systems which were full color printer /copier /scanner machines and had the capability to copy at 55 pages per minute in black and white and 45 pages per minute in color. The lease would allow the Borough to make 2,500 color copies and 6,000 black and white copes per month at no charge and after that the cost would be .012 cents per copy for black and white copies and .8 cents per copy for color copies. The Borough currently leases two Konica 7155 printer /copy /scanning machines. The term of these leases had been met for some time but staff continued to use them on a month to month basis. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, and Fulp. Resolutions A. Resolution No. FY2010 -06 Adopting the Kodiak Area Coordinated Transportation Plan was approved under the consent agenda. The resolution was requested by Assembly member Branson to express continued support to Kodiak Area Transportation System (KATS) in its goal to provide safe and reliable transportation to those residents who needed it the most so they might remain living independently for as long as possible. B. Resolution No. FY2010 -07 Adopting a State Legislative Capital Improvement Projects Priority List for the 2010 Legislative Session. Manager Gifford noted that a corrected version of Resolution No. FY2010 -07 was provided and had been made available to the public. JEFFREY moved to adopt Resolution No. FY2010 -07. The resolution compiled the list of legislative capital improvement priority (CIP) projects for the Kodiak Island Borough for the 2010 Legislative session. It was important that the list was completed early so that projects could be considered by the different state agencies and hopefully, be included in the Governor's Capital Budget. The list would be forwarded to the Borough's legislative delegation, the governor, and any state agencies that would have oversight and /or involvement in the projects Assembly members discussed the importance of supporting the proposed ADF &G building by including it in the resolution and the benefits the new building would extend to the community. Mayor Selby clarified that Borough funds would not be used for the ADF &G building; funding would come from other sources. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Fulp, and Jeffrey. Kodiak Island Borough Assembly Minutes September 3, 2009 Page 724 C. Resolution No. FY2010 -08 Appointing a Member to the Kodiak Fisheries Development Association was approved under the consent agenda. The Kodiak Island Borough and City of Kodiak jointly designated the Kodiak Fisheries Development Association (KFDA) as the eligible crab community entity (ECCE). The by -laws of the KFDA provided for appointments of Directors to the Board by the Kodiak Island Borough Assembly and the Kodiak City Council. Two of the three joint KFDA Director seats' terms expired in July 2008. Ms. Freed indicated her desire to be appointed to one of the expired joint seats for a term to expire July 2011. Since there was no Borough /City Joint Work Session scheduled, both the Borough and City Managers proposed to present the appointment of Ms. Freed. Joint Appointees: Stosh Anderson (7/10) (joint appointment) Linda Freed (7/11) (joint appointment) (seat previously held by Donna Jones exp. 7/2008) Laine Welch (7/08) (joint appointment) Ordinances for Introduction None. Other Items None. CITIZENS' COMMENTS Mel Stephens spoke on the proposed cost of the new ADF &G building and the Borough's debt service guidelines. ASSEMBLY MEMBER COMMENTS Assembly members wished the community a safe Labor Day weekend and encouraged local attendance at the Fair. Assembly member Stutes inquired about the status of the Pasagshak tsunami sirens. Manager Gifford had no new information on the status and reported that there were still problems with the signal. Assembly member Stutes stated that she was excited about reading the comments of the students on the new pool. She expressed appreciation for the Assembly's visit with the DC lobbyist in Washington, D.C., and commented on the Governor's reception. Assembly member Kaplan thanked the Manager for working on the CIP list and for making it so promptly available. Assembly member Fulp commented on the Governor's reception, reported that President Obama would be addressing school children on September 8, 2009 at 8 p.m. AKST, and expressed appreciation for the opportunity to meet with the congressional delegation in Washington, DC. Assembly member Jeffrey expressed condolences to the friends and families of Sue Waller and Stan Austerman. Assembly member Branson expressed excitement about the opening of the new pool and spoke of the benefits such projects have for the community. Kodiak Island Borough Assembly Minutes September 3, 2009 Page 725 Mayor Selby commended the Kodiak Electric Association Board of Directors and staff for their dedication on moving forward on the wind turbine project which was a significant asset to the Kodiak community, thanked Governor Parnell for visiting Kodiak, and thanked the Coast Guard for allowing the King Fishers to use their pool during the time it took for the new pool to be completed. Announcements Mayor Selby announced that the Assembly work session scheduled for Thursday, September 10, 2009 and the regular meeting scheduled for Thursday, September 17, 2009 had been cancelled. The next Assembly work session would be held on Thursday, September 24, 2009 at 7:30 p.m. in the Borough Conference Room and the next regular meeting was scheduled on Thursday, October 1, 2009 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Fulp, Jeffrey, and Kaplan. The meeting adjourned at 9:05 p.m. ATTEST: Nova M. Javier, M KODIAK ISLAND BOROUGH Jerome M. Selby, M C, Borough Clerk Approved: November 5, 2009 Kodiak Island Borough Assembly Minutes September 3, 2009 Page 726 COMMITTEE REPORTS Assembly member Stutes reported that SWAMC board met on Thursday, October 15, 2009. Discussion included the Interim Report of the Interagency Oceans Policy Task Force. She gave an update regarding the Sea Lion mitigation program funds. She mentioned the next Board meeting would be in Anchorage on November 15. Assembly member Kaplan attended the Parks and Recreation Committee Meeting where shooting problems at White Sands Beach recreation area was addressed. Many agencies were represented at the meeting and ideas were exchanged which included education in the schools and signage on various properties. Assembly member Jeffrey reported that the Kodiak Fisheries Advisory Committee meeting would be held at the Kodiak Community College, October 16, 2009 at 9 a.m. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Gifford provided an update on the flooding and landslide issues that occurred over the weekend. The State Division of Homeland Security and Emergency Management was contacted and a request would be sent for possible response and recovery financial assistance. He reported damage and massive erosions to the roads servicing the Terror Lake Electric power plant and other Department of Transportation (DOT) managed roads. He reported he will be out of town to attend AMUJIA Conference and for some personal leave October 17 -26. In response to Assembly member Branson, he advised that the Borough has not received notice of the Block Grant for the Long Term Care facility yet. Upon receipt of updates and notices from both KANA and Providence Kodiak Island Medical Center, KIB should be able to move forward with the Block Grant. MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions A. Resolution No. FY2010 -09 Ratifying and Certifying the Results of the Municipal Election Held October 6, 2009 STUTES moved to adopt Resolution No. FY2010 -09. The Kodiak Island Borough election was held on October 6, 2009. The Canvass Review Board met on October 8 and 14 and examined in detail the results from the different precincts including write -ins, absentee and questioned ballots, by mail and personal representative ballots. Provided to the Assembly and public was a report of the canvass which included the resolution ratifying and certifying the results of the municipal elections. Clerk Javier thanked the election workers who worked hard in ensuring that the municipal election was conducted as smooth as possible. Kodiak Island Borough Assembly Minutes October 15, 2009 Page 729 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. B. Resolution No. FY2010 -10 Expressing Appreciation to Attorney Matt Jamin for His Tireless Efforts in Representing the Citizens of Kodiak in the Exxon Valdez Oil Spill Litigation. JEFFREY moved to adopt Resolution No. FY2010 -10. This resolution expressed appreciation to KIB Attorney Matt Jamin for his tireless efforts in representing Coastal Fishing Communities in the Exxon Valdez Oil Spill litigation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. C. Resolution No. FY2010 -11 Appointing a Member to the Kodiak Fisheries Development Association. KAPLAN moved to adopt Resolution No. FY2010 -11. The Kodiak Island Borough and City of Kodiak jointly designated the Kodiak Fisheries Development Association (KFDA) as the eligible crab community entity (ECCE). The by -laws of the KFDA provide for appointment of Directors to the Board by the Kodiak Island Borough Assembly and the Kodiak City Council. Two of the three joint KFDA Director seats' terms expired in July 2008. Mr. Albert Tyler Schmeil indicated his desire to be appointed to one of the expired joint seats for a term to expire July 2011. Since there was no Borough /City Joint Work Session currently scheduled, both the Borough and City Managers proposed to present the appointment of Mr. Schmeil. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. Ordinances for Introduction None. Other Items A. Oath of Newly Elected Officials. Borough Clerk Javier administered the Oath of Office to newly elected Assembly members Jerrol Friend and Chris Lynch. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly members congratulated Employee of the Quarter Award recipient Paul VanDyke and Lon Longevity Award recipient, Mary Barbers, and newly - elected Assembly members Friend and Lynch. They also thanked the Clerk's Office staff and the election workers. Kodiak Island Borough Assembly Minutes October 15, 2009 Page 730 Assembly member Lynch thanked those who worked on the flood areas and eroded roads. She emphasized the need to prioritize the Womens Bay emergency shelter. Assembly member Kaplan thanked the Coast Guard for its contribution to the community. Assembly member Fulp thanked the Clerk's Office staff for organizing the trip to DC. She applauded everyone who are making improvements to new and old buildings in Kodiak. She attended the Community Health Center's grand opening and with the recent passage of Proposition No. 1, she hoped that the building project would go well. Assembly member Friend thanked everyone for their support during election. She thanked the Clerk's Office for a successful election. Assembly member Stutes concurred with all the congratulatory comments of other Assembly members. She noted that Brechan, Inc. did a wonderful job paving Sharatin Road. Deputy Presiding Officer Branson thanked all those who ran for office. She looked forward to seeing the new high school project progress and thanked the community for its support. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. The meeting adjourned at 8:10 p.m. ATTEST: October 15, 2009 Borough Clerk KODIAK ISLAND BOROUGH me M. Selby, Mayor Approved: November 5, 2009 Kodiak Island Borough Assembly Minutes Page 731