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2002-05-16 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting May 16, 2002 A regular meeting of the Kodiak Island Borough Assembly was held May 16, 2002 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 Pastor Monte Anderson of Lighthouse Baptist Church, followed by the Pledge of Allegiance. There were present: Mayor: Gabrielle LeDoux Assemblymembers: Tom Abell Tuck Bonney Pat Branson Absent: Darlene Turner comprising a quorum of the Assembly; and Pat Carlson, Manager Nova Javier, Deputy Clerk Laura Casey, Assistant Clerk BRANSON, seconded by HEINRICHS VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OF AGENDA BONNEY, seconded by BRANSON VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES 1. Kodiak Island Borough April 4, 2002. BONNEY, seconded by BRANSON VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS Regular Assembly Meeting June 4, 2002 Robin Heinrichs Greg Razo Wayne Stevens moved to excuse Assemblymember Turner. Unanimous voice vote moved to approve the agenda. Unanimous voice vote Assembly Regular Meeting of moved to approve the minutes as submitted. Unanimous voice vote A. Fiscal Year 2003 Budget Power Presentation - Manager Carlson Manager Carlson gave a power point presentation on the fiscal year 2003 budget. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS BUDGET PRESENTATION Volume XXVII Page 185 In response to Mayor LeDoux, Manager Carlson said Borough staff was reduced from 65 employees to 35 employees during recent years since 1996. B. STUDENT OF THE MONTH - Mayor LeDoux Mayor LeDoux presented the Student of the Month Award to Rachel Beehler, a senior at Kodiak High School. Ms. Beehler accepted the award. C. Proclamations - Mayor LeDoux Mayor LeDoux proclaimed May 2002 "Mental Health Month" urging all citizens to increase awareness of the need for appropriate and accessible mental health services for all people with mental illness. Robin Gardner, Providence Kodiak Island Mental Health Center (PKIMHC) director, accepted the proclamation. CITIZENS COMMENTS Marie Rice said a petition with more than 500 signatures was sent to Governor Knowles and Lt. Governor Ulmer for the preservation of Chirikof Island. She encouraged the Assembly to adopt Resolution No. 2002 -18. COMMITTEE REPORTS U.S. Army Corps of Engineers Update Dr. Molly Tevrucht, project manager, said the Corps successfully removed oil and petroleum contaminated soil at Buskin Beach. Monitors would be placed to ensure the soil remained clean. The next project would focus on cleaning oil spots from old military structures on Long Island. She invited the public to attend Corps open house at Safeway on Friday, May 24 from 2:00 -6:00 p.m. Jeff Brown, Alaska State Department of Environmental Conservation representative, said the Corps abided by the regulations for the cleaning projects. In response to Assemblymember Razo, Mr. Brown said the proposed soil remediation facility in Bells Flats was a thermal treatment plant. Half of the soil would be processed here and the rest would be shipped to Anchorage. Assemblymember Razo stressed the concerns of Bells Flats residents regarding the remediation facility. Robin Gardner, Providence Kodiak Island Mental Health Center director, summarized the Center's last quarter activities. She appreciated the successful working relationship between Assembly and the hospital. The Center incurred a loss of $46,272.00 which was consistent with last year. Through April, there was a $5,000 gain which she anticipated would continue. State grants were reduced from ten percent to three percent and input was needed to determine how to absorb the reduction. Jack Schinderle resigned as supervisor for the Clinicians in the Schools Program. Melanie Patterson was promoted to the position. A Clinician I position was open. Assemblymember Razo did not object to an in -house promotion; however, he hoped the Center would focus on children and hire experienced and qualified staff for the schools. Regular Assembly Meeting June 4, 2002 STUDENT OF THE MONTH PROCLAMATIONS MENTAL HEALTH MONTH CIIZENS COMMENTS COMMITTEE REPORTS Volume XXVII Page 186 PUBLIC HEARING A. Ordinance No. 2002 -06 Rezoning Lot 11, U.S. Survey 1995 From R3- Multifamily Residential To I- Industrial in Accordance with the Attached Map (Exhibit A) Generally Located Along the South Side of East Marine Way. Mayor LeDoux announced that 27 public hearing notices were mailed on May 3 and one supporting and one opposing the rezone were returned and were available to the Assembly. STEVENS, moved to adopt seconded by HEINRICHS Ordinance No. 2002 -06. Manager Carlson said the petitioner requested the rezone. Mayor LeDoux called for the public testimony; hearing and seeing none, she reconvened the regular meeting. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED VOTE ON MOTION TO ADOPT Noes: Absent: MOTION CARRIED Regular Assembly Meeting June 4, 2002 Abell, Bonney, Branson, Heinrichs, Razo, Stevens None Turner Unanimous B. Ordinance No. 2002 -07 Rezoning Lot 12B, Block 3, Island Lake Subdivision From B- Business To R2 -Two Family Residential in Accordance with the Attached Map (Exhibit A) Located at 3100 Ptarmigan Pass Road. Mayor LeDoux noted that 39 public hearing notices were mailed on May 3, 2002 and none were returned. HEINRICHS, moved to adopt seconded by BRANSON Ordinance No. 2002 -07. Manager Carlson said the property was rezoned in 1991 from R2 -Two Family Residential to B- Business at the request of the previous property owner. The new owner petitioned for rezone back to R2. He noted that zoning in the area was complex but predominantly residential. Mayor LeDoux called for public testimony; hearing and seeing none, she reconvened the regular meeting. There was no discussion by the Assembly. Ayes: Bonney, Branson, Heinrichs, Razo, Stevens, Abell None Turner Unanimous PUBLIC HEARING ORDINANCE NO. 2002 -06 ORDINANCE NO. 2002 -07 Volume XXVII Page 187 C. Resolution No. 2002 -17 Establishing the Minimum RESOLUTION Amount of Funds to be Made Available From Local NO. 2002 -17 Sources for the Kodiak Island Borough School District for the Fiscal Year Beginning July 1, 2002 and Ending June 30, 2003. STEVENS, moved to adopt seconded by HEINRICHS Resolution No. 2002 -17. Manager Carlson said this was minimum funding to the school district; however, as the budget process progressed the Assembly could appropriate additional funding. Mayor LeDoux opened the public hearing. Betty Walters, Kodiak Island Borough School District (KIBSD) superintendent, related to many changes and the effort to maintain low class sizes and programs vital to children, and to increase the number of village teachers. She said past grant funds brought approximately 30 village children to Kodiak to experience working in large groups. Costs were high and the school board had not discussed use of the fund balance. She urged the Assembly to support their efforts to provide education. Dave Jones KIBSD director of finance, said review of the budget revealed additional needs. He said the school districts major funding had been State revenue and the increase had only increased 1.2% since 1990. He urged the Assembly to fund the maximum allowed to reach the cap. Ben Milton supported funding education even if a mill increase was needed. Jan Chatto was willing to pay more taxes to support education. She said quality of life was reduced when education was reduced. Meri_iol the Assembly to support the schools and expressed her willingness to do what was necessary to ensure quality education. Ryan Goods felt education was a priority and he supported the school district's budget. Kristie Wall supported the school budget as presented. Darcy Stielstra favored raising taxes for education. He operated with a flat education budget for the last six years and asked for community support. Rick Ellison phoned to support full funding. He felt the City of Kodiak should also contribute to education. Marilyn Kreta thanked the Assembly for supporting education in the past and urged continued support. Mayor LeDoux closed the public hearing and reconvened the regular meeting. Assemblymember Branson supported the resolution. The budget review process just began and she felt the Assembly should move forward cautiously. Assemblymember Razo felt it was important to support education. During the final budget review he would ask for additional money even if it caused increased taxes or Regular Assembly Meeting June 4, 2002 Volume XXVII Page 188 use of the fund balance. Because of the uncertainty of the State funding he supported the minimum amount. Assemblymember Stevens supported the resolution. He said points were eloquently made; however, he felt the time was not right to raise taxes. Assemblymember Heinrichs said the current tax cap was imposed by the voters. In response to Assemblymember Heinrichs, Manager Carlson outlined the provisions to amend the tax cap. Assemblymember Abell hoped to manipulate the budget to avoid a tax increase. He supported the resolution and urged residents to comment. He favored using the facilities fund for education. VOTE ON MOTION TO ADOPT Ayes: Branson, Heinrichs, Razo, Stevens, Abell, Bonney None Turner Unanimous Noes: Absent: MOTION CARRIED BOROUGH MANAGER'S REPORT Manager Carlson said the legislature was still in session and started preliminary subsistence hearings. He said currently there was $80,000 in the foundation formula for the school and proposed learning opportunity grants would raise the total state funding to approximately $300,000. He advised Department of Environment and Conservation (DEC) and the land owner of the public concerns with the Soil Remediation Facility. DEC would hold a public hearing to inform residents of the intent with the facility. He would attend the North Pacific Fisheries Management Council meeting in Dutch Harbor June 5 -11. MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux thanked the public for speaking to the school district budget. She hoped for public comments on the Borough budget. She encouraged residents to view the Rural Native Art Show at the Alutiiq Museum which featured art that many students completed during their Alutiiq heritage week. UNFINISHED BUSINESS A. Ordinance No. 2002 -05 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.39 Boards, Committees, and Commissions Section 2.39.030 Appointments. Mayor LeDoux said this was postponed at the last regular meeting. Regular Assembly Meeting June 4, 2002 MANAGER'S REPORT MESSAGES FROM THE BOROUGH MAYOR UNFINISHED BUSINESS ORDINANCE NO. 2002 -05 Volume XXVII Page 189 The motion to amend Ordinance No. 2002 -05 by replacing the words: "during the term of the appointment" with the words "until the beginning of the next calendar year" was before the Assembly. At the last work session, the Assembly had consensus to amend the amendment by substitution. The substituted version was available to the public. HEINRICHS, moved to amend the seconded, by STEVENS amendment by substitution. Manager Carlson said this ordinance, requested by Assemblymember Heinrichs and Razo, clarified the board, committee, and commission member appointment process. There was no discussion by the Assembly. VOTE ON MOTION TO AMEND THE AMENDMENT Ayes: Stevens, Abell, Bonney, Branson, Heinrichs, Razo Noes: None Absent: Turner MOTION CARRIED Unanimous VOTE ON MOTION TO AMEND AS AMENDED Ayes: Razo, Stevens, Abell, Bonney, Branson, Heinrichs Noes: None Absent: Turner MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Heinrichs, Razo, Stevens, Bonney, Branson Noes: Abell Absent: Turner MOTION CARRIED 5 Ayes, 1 No NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS None. B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 2002 -18 Supporting the Transfer of RESOLUTION Chirikof Island to the State of Alaska in Trade for No. 2002 -18 Other State Lands. BRANSON, seconded by HEINRICHS Regular Assembly Meeting June 4, 2002 moved to adopt Resolution No. 2002 -18 Volume XXVII Page 190 Manager Carlson said this supported acqusition of Chirikof Island by the State of Alaska from the Federal Government to allow continued use for cattle grazing and to obviate the requirement of the Maritime Refuge to exterminate all introduced species on the island. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED: Abell, Bonney, Branson, Heinrichs, Razo, Stevens None Turner Unanimous 2. Resolution No. 2002 -19 Authorizing the Records RESOLUTION Manager to Dispose of Certain Kodiak Island Borough NO. 2002 -19 Records. Heinrichs, moved to adopt Resolution seconded by BRANSON No. 2002 -19. The Deputy Clerk had reviewed the records stored in archives and compiled a list of those records that had met the minimum retention requirements. The department heads had reviewed the list and authorized destroying the records listed. VOTE ON MOTION Ayes: Bonney, Branson, Heinrichs, Razo, Stevens, Abell None Turner Unanimous Noes: Absent: MOTION CARRIED: C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2002 -10 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 2002 and Ending on the Thirtieth Day of June 2003 (2003 Fiscal Year Budget). STEVENS, seconded by BRANSON Manager Carlson said this included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Enterprise Funds, and Internal Service Funds. This ordinance also levied tax on real and personal property within the Borough and natural resources extracted and removed from the Borough. There was no discussion by the Assembly. Regular Assembly Meeting January 3, 2002 moved to adopt Ordinance No. 2002 -10 in first reading to advance to public hearing on June 4, 2002. ORDINANCES FOR INTRODUCTION ORDINANCE NO. 2002 -10 Volume XXVII Page 191 VOTE ON MOTION TO ADVANCE Ayes: Branson, Heinrichs, Razo, Stevens, Abell, Bonney Noes: None Absent: Turner MOTION CARRIED Unanimous D. OTHER ITEMS OTHER ITEMS None. CITIZENS COMMENTS CITIZENS COMMENTS None. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Stevens thanked Manager Carlson and staff for the excellent budget presentation. Assemblymember Heinrichs congratulated Rachael Beehler and her parents as the Student of the Month. He said other municipalities have problems with their budgets, but we emerged with a healthy outlook. He advised the balloon payment is a fulfilment for projects without any floating bonds. He thanked Manager Carlson for articulating the budget. He also thanked the Army Corps of Engineers for their efforts to clean Kodiak. Assemblymember Branson congratulated Rachael Beehler. She encouraged public comment during the budget process. ADJOURNMENT ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 9:27 p.m. ATTEST: B orough Clerk Regular Assembly Meeting May 16, 2002 Judith A. Nie sen, CMC Gabrielle LeDoux, Mayor Approved 06/20/2002 Volume XXVII Page 192