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2006-06-01 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting June 1, 2006 A regular meeting of the Kodiak Island Borough Assembly was held June 1, 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 Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. 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, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. APPROVAL OF AGENDA BRANSON moved to approve the agenda, seconded by ABELL VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Special Meeting of April 27 and Regular Meeting of May 4, 2006. WILLIAMS moved to approve the minutes as submitted, seconded by BRANSON VOICE VOTE ON MOTION TO APPROVE THE MINUTES CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS - None. CITIZENS' COMMENTS Laurence Anderson thanked the Assembly for its past donations to the Senior Center. He urged the Assembly to fund the nonprofits with the same level as last year. Dr. Bob Johnson stated a proposal from B &B owners asking for a revision of their garbage rates based upon their income. Jake Jacobson spoke in support of property tax reduction. Robin Haight, B &B Owners Association President, spoke in support of Dr. Johnson's testimony. Anne Kalcic thanked the Assembly for its support of non profits. She encouraged the Assembly to reduced property taxes. Robert Gustafson urged the Assembly to consider charging the B &B's based on what they earned. Jim VanAtta spoke in support of Dr. Johnson's proposal. Jainan Fiala spoke in support of Dr. Johnson's proposal. Captain Dave Davis thanked the crossing guard volunteers. He noted their need of new equipments. Mayor Selby thanked Captain Davis for his outstanding job of coordinating the volunteers. Kodiak Island Borough Assembly Minutes June 1, 2006 Page 270 Mary Monroe suggested reverting the B &B's garbage charge to residential rates during winter months. Steven Smith spoke in support of reducing the garbage fees for B &B's. COMMITTEE REPORTS A. U.S. Army Corps of Engineers Update. Dr. Mollie Tevrucht gave an update regarding the Corps of Engineer clean up efforts in Kodiak. She received a promotion; a new representative and Jeff Brownlee from Alaska Department of Environmental Conservation would continue to give updates to the Assembly. Mayor Selby appreciated the Corps of Engineers' effort in Kodiak. Scott Arndt, Architectural Review Board member, gave an update regarding the pool presentation received from ECl/Hyer. He urged the Assembly to discuss the presentation at its next work session. Reed Oswalt agreed with Mr. Arndt. He would like the Assembly to have a detailed discussion at the next work session. PUBLIC HEARING A. Ordinance No. FY2006 -10 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.24 Personal Property Tax Section 3.24.050 Classification of Boats and Vessels. JEFFREY moved to adopt Ordinance No. FY2006 -10, seconded by BRANSON Manager Gifford reported this ordinance would remove the $15 a year boat tax so that the tax on boats and vessels will be included in the annual Borough budget process. Mayor Selby opened the public hearing, hearing and seeing none, he reconvened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams B. Ordinance No. FY2007 -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 2006 and Ending on the Thirtieth Day of June 2007. (Fiscal Year 2007 Budget) WILLIAMS moved to adopt Ordinance No. FY2007 -01, seconded by BRANSON STEPHENS moved to amend Ordinance No. FY2007 -01 by substitution that decreases the mil rate by .5 mils and eliminates the $400,000 transfer to Fund 420 for the new swimming pool, seconded by BRANSON Assemblymember Branson supported the amendment. Assemblymember Ranney noted the Alaska Municipal League worked hard to get the funding to communities. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell Mayor Selby opened the public hearing. Kodiak Island Borough Assembly Minutes June 1, 2006 Page 271 Jim VanAtta said Kodiak Island Convention and Visitors Bureau (KICVB) should be required to account for its funds. He suggested holding allocated funds until such audit was conducted. Wally Johnson commended the Assembly for its consideration of reducing the mil rate. Pam Foreman noted KICVB finances were handled by a third party firm. Mayor Selby closed the public hearing. STEPHENS moved to further amend Ordinance No. FY2007 -01 to delete all funds appropriated for the Assistant Manager position, seconded by WILLIAMS Assemblymember Stephens was not convinced that there is a need to expand borough staff. Assemblymember Branson stated the number of projects and the need for additional help for the'manager. Assemblymember Abell supported the amendment but would be open for further discussion in the future. Assemblymember Oswalt concurred, he would like more discussion regarding the position. Assemblymember Ranney opposed the amendment. He commented Manager Gifford needed some help to get the projects going. Assemblymember Jeffrey agreed it was time for Manager Gifford to have an assistant. Mayor Selby stated Manager Gifford needed the support to get the job done. Assemblymember Stephens noted this Ordinance was adopting a deficit budget using $200,000 of fund balance. Assemblymember Williams was uncomfortable with a long -term commitment for the Assistant Manager position. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO THREE: Oswalt, Stephens, Williams, Abell (Noes); Branson, Jeffrey, Ranney (Ayes) Assemblymember Jeffrey queried if there was a need to delete funding to KICVB. Mayor Selby suggested discussion at the next work session. RANNEY moved to amend Ordinance No.FY2007 -01, Section 5 to read "The tax rate on boats is set at $1 per foot with a minimum of $30. Boats that weighed less than 5 tons are exempt." seconded by WILLIAMS ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Branson, Jeffrey STEPHENS moved to reduce Fund 100 -190- 448 -350 Kodiak College fund from $72,000 to $60,000 thus increasing Fund 100- 190 - 448 -910 Funding /Non profits fund balance from $83,220 to $95,220, seconded by OSWALT Assemblymember Stephens would like more discussion regarding Kodiak College. Assemblymember Branson supported this amendment and did not consider this as a cut to the College. She would like further consideration when they get to the non - profit funding discussion. Kodiak Island Borough Assembly Minutes June 1, 2006 Page 272 Assemblymember Jeffrey opposed the amendment and said it was not timely to cut the Kodiak College budget. Assemblymember Williams understood Assemblymember Stephens intent. Assemblymember Abell would not support the amendment. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO THREE: Stephens; Williams, Branson, Oswalt (Ayes); Abell, Jeffrey, Ranney (Noes) Manager Gifford related the actual cost to operate the building used by Red Cross, Teen Court, and Special Olympics. He recommended showing this cost by increasing Health and Social Services Fund by $7,000 to allow these entities to budget for the increase. WILLIAMS moved to increase Fund 100 -185 Health and Social Services seconded by BRANSON ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED SIX TO ONE: Stephens, Branson, Jeffrey, Oswalt, Ranney (Ayes); Abell (No) ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens by $7,000, Williams, Williams, BOROUGH MANAGER'S REPORT - Manager Gifford Manager Gifford reported the Board of Equalization completed their hearing of appeals on property valuations on Tuesday, May 23. The Assessing Department anticipated completion of the certified assessment roll by Friday, June 2. The Architectural Review Board interviewed finalists for the seismic and bond projects on Borough Hill last week and unanimously selected a firm to perform the work and selected an alternate, if the Borough was unsuccessful in negotiating a contract with the first firm. Staff hoped to have the ARB's recommendation and ECI /flyer's cost estimate on the pool for the Assembly to review and discuss at its June 8 work session. The Engineering & Facilities Department met with a representative of the Alaska Department of Transportation who flew to Kodiak to review the following three road projects that have been funded for Kodiak Island Borough: $3.4 million - Otmeloi Way Improvements - State General Fund appropriation to provide paving, curb and gutter, sidewalks, streetlights and separated bike path; $1.4 million - Kodiak Roads - Federal Earmark appropriation project for bike trails to North Star Elementary School; and $1.0 million - Rezanof Drive Rehabilitation, Lighting and Intersection Safety Improvement - State General Fund appropriation to look at making the intersection of Mill Bay and Rezanof Drive safe. Staff was working with the engineering firm to determine the scope of work and a cost estimate for the Woodland Acres Paving District. After an eleven- minute break, Mayor Selby reconvened the regular meeting at 8:58 p.m. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby noted the increasing cost for the swimming pool. He requested the Manager to draft a letter to Rasmuson Foundation for possible grant funding. Assemblymember Branson fully supported the idea. Assemblymember Stephens recommended that Manager Gifford look into other sources of funding and share the information he finds to the Assembly. Kodiak Island Borough Assembly Minutes June 1, 2006 Pagg 273 UNFINISHED BUSINESS - None. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2006 -43 Removal, Disposal, and Replacement of Northstar Elementary School Gym Floor. JEFFREY moved to award Contract No. FY2006 -43 to Alaskan Industries, Inc. of Wasilla, AK in an amount not to exceed $129,400, seconded by OSWALT Manager Gifford reported this contract was for removal, disposal, and replacement of the gym floor at North Star Elementary School. This project was included in a Bond Project for floor covering for four schools. One bid was received from Alaska Industries, Inc. Assemblymember Stephens expressed his concerns regarding the contract noting the removal of the existing floor was not needed. There was general discussion about the warranty of the product due to the existing moisture problem in the current flooring. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Abell, Branson, Jeffrey, Oswalt, Ranney, Williams (Ayes); Stephens (No) 2.- Contract No. FY2006 -44 Kodiak High School Asbestos Abatement and Floor Covering Replacement. WILLIAMS moved to award Contract No. FY2006 -44 to Commercial Contractors, Inc. of Anchorage, Alaska in an amount not to exceed $193,000, seconded by BRANSON Manager Gifford reported this was for removal and disposal of asbestos and replacement of floor coverings at the Kodiak High School. Four bids were received for this project and Commercial Contractors, Inc. furnished the lowest bid at $193,000. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell B. RESOLUTIONS - None. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -12 Rezoning Tract 0, U.S. Survey 2539, Russian Creek Alaska Subdivision From B- Business To RR1 -Rural Residential One. (1059 Panamaroff Creek Dr.) (Applicant: Planning & Zoning Commission.) BRANSON moved to adopt Ordinance No. FY2006 -12 in first reading to advance to public hearing on June 15, 2006, seconded by OSWALT Manager Gifford noted the Commission found this rezone request was appropriate and necessary and they recommended the Assembly approve the rezone. Kodiak Island Borough Assembly Minutes June 1, 2006 Page,274 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Ranney, Stephens, Williams, Abell, Branson 2. Ordinance No. FY2006 -13 Rezoning Lot 26, U.S. Survey 3098, Lot 26 From RR1 -Rural Residential One To B- Business (2316 Mill Bay Road) (Applicant: William Bacus) WILLIAMS moved to adopt Ordinance No. FY2006 -13 in first reading to advance to public hearing on June 15, 2006, seconded by OSWALT Manager Gifford reported the Planning and Zoning Commission held a public hearing on this request at their April 19, 2006 regular meeting. The Findings of Fact for this case was approved at their May 17, 2006 meeting. The Commission found this rezone request was appropriate and necessary, and they recommended that the Assembly approve the rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Ranney, Stephens, Williams, Abell, Branson, Jeffrey 3. Ordinance No. FY2006 -14 Amending Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedures by Adding Section 3.16.115 Delinquency to Allow the Borough to Offset Payments to Delinquent Entities and to Not Allow the Borough to Contract With Those Entities. JEFFREY moved to adopt Ordinance No. FY2006 -14 in first reading to advance to public hearing on June 15, 2006, seconded by BRANSON Manager Gifford reported the Borough has had various vendors and contractors who have not paid tax levies, special assessment levies, charges for utility or municipal waste services, and other Borough fees. The Borough wishes to require every person, corporation, and other business entity and their legal principals or officers who receive payments from the Borough to be current on all such amounts due to the Borough. Assemblymember Stephens said this was not necessary and it was an unneeded ordinance. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Ranney, Williams, Abell, Branson, Jeffrey, Oswalt (Ayes); Stephens (No) D. OTHER ITEMS 1. Confirmation of Borough Deputy Clerk BRANSON moved to confirm Marylynn McFarland as Borough Deputy Clerk effective June 12, 2006, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Jeffrey, Oswalt, Ranney Mayor Selby congratulated Clerk Nielsen and thanked her for her years of service to the Borough. CITIZEN COMMENTS Kodiak Island Borough Assembly Minutes June 1, 2006 Page 275 Louise Stutes would like to see formal notification in the future of Service Area Board's budget public hearings. She suggested the Borough get out of rental property business since it competes with private enterprise. Betty Walters, KIBSD Superintendent, thanked the Assembly for its continued support of education in Kodiak. Iver Malutin requested an update on the Anton Larsen boat ramp. Louise Stutes thanked Director Cassidy and his staff for their helpfulness in putting together information that she requested. ASSEMBLYMEMBER COMMENTS Assemblymember Williams noted the State was working on the abandoned vehicles issue. Assemblymember Stephens supported the recommendation from the B &B owners. He would like KICVB become more open regarding its meetings and proceedings. Assemblymember Ranney thanked Clerk Nielsen for her years of service and welcomed Marylynn McFarland in the Clerk's Office. Assemblymember Oswalt noted the escalating cost of the pool. Assemblymember Abell was glad the budget process went smoothly. Assemblymember Jeffrey appreciated the B &B owners for coming forward. She would like the concerns of Ms. Stutes addressed in the future. She congratulated the graduating High School seniors and High School Teacher Darcy Glagolich for receiving an award as a ProStart educator from the National Restaurant Association Educational Foundation (NRAEF). She welcomed Marylynn McFarland to the Clerk's Office. Assemblymember Branson wished Clerk Nielsen good luck. She asked Staff to schedule an AADC update. She welcomed Marylynn McFarland to the Clerk's Office. She intended the budget amendment for the College to create open discussion. Mayor Selby announced the Assembly would meet in a work session on Thursday, June 8 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, June 15, at 7:30 p.m. in the Assembly Chambers. EXECUTIVE SESSION A. Borough Manager's Evaluation. BRANSON moved to postpone the Borough Manager's performance evaluation to the next regular meeting of July 6, 2006, seconded by ABELL Assemblymember Branson requested postponement since the Assembly dealt with a lot of items tonight. Kodiak Island Borough Assembly Minutes June 1, 2006 Page 276 ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Williams, Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens ADJOURNMENT WILLIAMS moved to adjourn the meeting, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Ranney, Stephens, Williams The meeting adjourned at 10p.m. ATTEST: ome M. Selby, Mayor Judith A. Nielsen, • C, Borough CF1erk Approved:July 6, 2006 Kodiak Island Borough Assembly Minutes June 1, 2006 Page 277