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2006-04-06 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting April 6, 2006 A regular meeting of the Kodiak Island Borough Assembly was held April 6, 2006 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 Larry Cornett of the Church of the Nazarene. Present were Mayor Jerome Selby, Assemblymembers Tom Abell, Pat Branson, Sue Jeffrey, Reed Oswalt, Cecil Ranney, Mel Stephens, and Barbara Williams. Staff present were Manager Rick Gifford, Community Development Director Mary Ogle, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. APPROVAL OF AGENDA BRANSON moved to approve the agenda, seconded by ABELL VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meetings of February 16 and March 2 and 16, 2006. WILLIAMS moved to approve the minutes as submitted, seconded by BRANSON Mayor Selby said Clerk Nielsen asked that the February 16, 2006 minutes, page two, under Committee Reports, Seismic Vulnerability Presentation be corrected by replacing the words "high school gym" with the words "middle school." VOICE VOTE ON MOTION TO APPROVE THE MINUTES AS CORRECTED CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS Mayor Selby proclaimed April 2006 as "Sexual Assault Awareness Month" encouraging all residents to support local activities and programs, which assist victims to learn more about the pervasiveness of sexual assault so we may eliminate this heinous crime. Christa Inman received the proclamation. CITIZENS' COMMENTS Peter Olsen spoke in support of Resolution No. FY2006 -34. Arnie Shrvock thanked staff for the Coastal Zone Management Plan. Jay Johnston urged the Assembly to continue efforts to secure additional funds for the pool. COMMITTEE REPORTS Scott Arndt, Architectural /Engineering Review Board Chair, said the Board recommended site #1 for the pool. He noted the need for the Borough to have a facilities master plan. Kodiak Island Borough Volume XXIX April 6, 2006 Page 248 In response to Assemblymembers Oswalt and Abell Bob Tucker, explained that one source for the funding shortage would be House Bill 493 which related to reimbursement of municipal bonds for school construction. Manager Gifford was working with Lobbyist Mark Hickey on different funding alternatives. Bob Tucker said some bond projects were held up because the seismic studies on school buildings was a priority. Assemblymember Ranney said the GOA Groundfish Rationalization Task Force met twice at the College and would meet again on April 2. The Task Force would urge the North Pacific Fisheries Management Council to not deliberate rationalization in Dutch Harbor as traveling there was expensive. The Alaska Municipal League Board would continue lobbying for community dividends. PUBLIC HEARING A. Ordinance No. FY2006 -06 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance - budget Section 3.04.020 Permissible InvestmentsSection 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest in and Changing the Investments Allowed in the Facilities Fund. JEFFREY moved to adopt Ordinance No. FY2006 -06, seconded by BRANSON Manager Gifford said this would change the types of instruments the Borough could invest in and the investments allowed in the Facilities Fund. Mayor Selby opened the public hearing. Scott Arndt urged the Assembly to tread lightly with investments. George Rieth asked the Assembly to carefully consider the ordinance. Mayor Selby closed the public hearing and reconvened the regular meeting. ABELL moved to postpone Ordinance No. FY2006 -26 indefinitely, seconded by OSWALT Assemblymember Stephens noted his memo that objected to the ordinance. Assemblymember Williams supported postponement and discussion in the future. Assemblymember Ranney said the Facilities Fund was losing buying power and needed inflation proofing. Assemblymember Abell wanted discussion on the Facilities Fund. Assemblymember Branson said investment options would meet the community's needs. Assemblymember Jeffrey wanted to maximize the potential for growth. She supported discussion on the Facilities Fund. In response to her question, Mayor Selby clarified the $37 million could not be spent and was never spent. Kodiak Island Borough Volume XXIX April 6, 2006 Page 249 Assemblymember Oswalt urged the Assembly to remain conservative. Assemblymember Williams clarified for the audience that the Shuyak Fund and Facilities Fund were one and the same. Manager Gifford gave a history of the ordinance and noted the benefits of diversifying funds. He said staff was aware of the Assembly's concerns. ROLL CALL VOTE ON MOTION TO POSTPONE INDEFINITELY CARRIED FOUR TO THREE: Abell, Oswalt, Stephens, Williams (Ayes); Branson, Jeffrey, Ranney (Noes) BOROUGH MANAGER'S REPORT Manager Gifford reported that ECI Hyer was given direction to move forward with the pool's architectural and schematic design. He said the Legislature was moving forward with the capital budget. Lobbyist Hickey was working on PERS /TRS and revenue sharing. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby said the legislative reception was well attended. The diagrams of proposed Borough projects were effective as visuals for the attendees. He was optimistic about revenue sharing. He wanted to explore all avenues to solve the fund shortage for the bond projects. UNFINISHED BUSINESS - None. NEW BUSINESS A. CONTRACTS - None. After a ten minute recess, Mayor Selby reconvened the meeting at 9:05 p.m. B. RESOLUTIONS 1. Resolution No. FY2006 -33 Granting Final Approval of the Phase 1 Kodiak Island Borough Pre - Hazard Mitigation Plan. WILLIAMS moved to adopt Resolution No. FY2006 -33, seconded by BRANSON Manager Gifford said FEMA required formal adoption of the Plan before considering the Borough's eligibility for project grant funding. Several required amendments to Phase I were incorporated into the Plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell 2. Resolution No. FY2006 -34 Supporting Alaska Village Initiatives Integrated Program for Biomass Utilization in Rural Alaska. ABELL moved to adopt Resolution No. FY2006 -34, seconded by BRANSON Manager Gifford said this fully supported Alaska Village Initiatives in their efforts to implement biomass programs in rural Alaska and urged the State of Alaska to support the effort with technical and financial assistance. Kodiak Island Borough Volume XXIX April 6, 2006 Page 250 Assemblymember Williams hoped so see similar initiatives in the future. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell, Branson C. ORDINANCES FOR INTRODUCTION - None. D. OTHER ITEMS 1. Vacation of a 10 -Foot Wide Utility Easement and a 15 Foot Wide Utility Easement Located on Portions of Lot 6B, U.S. Survey 3099. JEFFREY moved to approve the vacation of a 10 -foot wide utility easement on the western property and a 15 -foot wide utility easement on the southern property located on Lot 6B, U.S. Survey 3099, seconded by BRANSON Manager Gifford said the Planning and Zoning Commission approved the easement vacations after public hearing on December 21, 2005. The Assembly was required to review the easement and approve the easement per KIBC 16.60.060. Community Development Director Ogle explained in detail the proposed easement vacations. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Branson, Jeffrey 2.' Board of Equalization Vacancy. BRANSON moved to declare the seat held by Reed Oswalt on the Board of Equalization for a term to expire December 31, 2007 vacant and directed the Borough Clerk to advertise the vacancy per Borough Code, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stephens, Williams, Abell, Branson, Jeffrey, Oswalt 3. Resignation of Borough Clerk. BRANSON moved to accept, with regret, the resignation of Judith A. Nielsen as Borough Clerk effective June 3, 2006, seconded by JEFFREY ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Jeffrey, Oswalt, Ranney Mayor Selby acknowledged Clerk Nielsen's hard work and years of service to the Borough. CITIZEN COMMENTS Arnie Shrvock noted his request for appeal was denied. He did not intend to pursue; however, he requested a review of the terms used for zoning. Assemblymember Abell suggested refunding the filing fees incurred by Mr. Shryock for a previous appeal he submitted. Kodiak Island Borough Volume XXIX April 6, 2006 Page 251 ASSEMBLYMEMBER COMMENTS Assemblymember Stephens noted concerns expressed regarding the middle school's seismic vulnerability. He said the chance of an earthquake was rare and the school's rating was modest. Assemblymember Ranney urged the Assembly to keep a close watch in Juneau regarding revenue sharing and school funding. Assemblymember Oswalt distributed presents from Australia to the Assembly, Manager, and Clerk. Assemblymember Abell looked forward to the Facilities Fund discussion. Assemblymember Branson supported discussing the Facilities Fund. Mayor Selby appreciated the willingness of the Assembly to discuss the Facilities Fund. Assemblymember Jeffrey suggested the Assembly discuss specifics to maintain focus during the Facilities Fund discussion. Assemblymember Williams was willing to have a special work session at the Fisheries Research Center to solely discuss the Facilities Fund. Assemblymember Branson suggested exploring other options for funding the pool. She agreed with Mr Arndt's on the need for a school facilities master plan. ' She was pleased to hear the GOA Rationalization Task Force was reaching agreeable solutions. She said kudos to Clerk Nielsen as she approach her retirement date. Mayor Selby announced the Assembly would meet in a work session on Thursday, April 13 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, April 20, at 7:30 p.m. in the Assembly Chambers. ADJOURNMENT BRANSON moved to adjourn the meeting, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens The meeting adjourned at 9:41 p.m. ATTEST: Je'ome M. Selby, Mayor i Y/4A ./(/Q I OX.AP� / ith A. Nielsen MC, Borough Clerk Approved: 05/04/2006 Kodiak Island Borough April 6, 2006 Page 252 Volume XXIX