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2007-06-07 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held June 7, 2007 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, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Barbara Williams. Staff present were manager Rick Gifford, E &F Director Woody Koning, CDD Director Bud Cassidy, Projects Assistant Sharon Lea Adinolfi, Finance Director Karl Short, Deputy Clerk Marylynn McFarland, and Assistant Clerk Jessica Basuel. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda, seconded by OSWALT. VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA CARRIED UNANIMOUSLY The following items were approved under consent agenda: • Kodiak Island Borough Regular Meeting of May 3, 2007. • Contract No. FY2007 -47 Kodiak Island Borough Facilities Schools and Grounds, Road Maintenance and Repairs, Snow Removal and Sanding, and Other Small Projects. (Consent Agenda) • Contract No. FY2007 -48 Service Area No. 1 Road Maintenance and Repair and Snow Removal and Sanding. • Contract No. FY2007 -49 Womens Bay Service Area Road Maintenance and Repair and Snow Removal and Sanding. • Resolution No. FY2007 -29A Rescinding Resolution No. FY2007 -29 and Authorizing the Borough Manager to Sign a Memorandum of Agreement (MOA) Transferring Responsibilities for Legislatively Approved Capital Projects and Grant Funds for Village Projects and Equipment to the Community of Ouzinkie. AWARDS AND PRESENTATIONS - None. CITIZENS' COMMENTS KODIAK ISLAND BOROUGH Regular Assembly Meeting June 7, 2007 Captain Dave Davis announced his relocation to Chico, California and thanked the Assembly for its many years of support to the community programs he volunteered in. Mayor Selby thanked Captain Davis for the outstanding job he had done for the Assembly and for the support he had given to the community. Dave Neuman thanked the Assembly members for their work on the short term lease with Brechan, Inc. noting it was a good move for the Borough. Tom Schwantes encouraged the Assembly to pursue a short term lease before doing a long -term lease. He asked the Assembly to have a reclamation plan as part of the long -term lease. Kodiak Island Borough Assembly Minutes June 7, 2007 Page 397 COMMITTEE REPORTS A. Annual Economic Development Committee Report Trevor Brown, Economic Development Specialist for the Chamber of Commerce, presented their Chamber's annual economic report. He thanked the Assembly for its support to the Chamber of Commerce. B. U.S. Army Corp of Engineer Update Charlie Payton, U.S. Army Corp of Engineer Project Manager, gave a report regarding the clean up efforts in Kodiak. He introduced Jeff Brownlee of ADEC and Kate Daniels of Jacob's Engineering. Mr. Payton announced the U.S. Army Corp of Engineer representatives will be at the Safeway lobby on Friday, June 8, 2007 from 3 to 6 p.m. for an open house to answer public's questions and he can be contacted at (907)753 -5718 for any questions. PUBLIC HEARING A. Ordinance No. FY2008 -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 2007 and Ending on the Thirtieth Day of June 2008 (Fiscal Year 2008 Budget.) OSWALT moved to adopt Ordinance No. FY2008 -01, seconded by BRANSON. Manager Gifford reported this budget includes funds to be spent in the General fund, special revenue funds, debt service funds, capital project funds, and enterprise funds. This 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. This budget ordinance required no mill rate increase. Mayor Selby opened the public hearing. Hearing and seeing none, he closed the public hearing. A substituted version was provided to reflect the changes requested by the Assembly at the last work session. WILLIAMS moved to amend Ordinance No. FY2008 -01 by substitution, seconded by BRANSON. ROLL CALL VOTE ON MOTION TO AMEND ORDINANCE NO. FY 2008 -01 BY SUBSTITUTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell, Branson Assembly member Branson thanked staff for the work that was put into the budget. She was in favor of the budget as presented and amended. She requested Staff to work on a fiscal plan in July 2007. Assembly member Jeffrey found it helpful to have revenue sharing in budget. She was grateful to be able to fully fund the school district. Assembly member Abell reiterated that this was an easy budget with the one -time money availability. He stressed the importance of buying locally. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Williams, Abell Kodiak Island Borough Assembly Minutes June 7, 2007 Page 398 B. Ordinance No. FY2007 -16 Amending Title 3 Revenue and Finance, Chapter 3.24 Personal Property Tax to Add Section 3.24.090 Personal Property Minimum Billing. WILLIAMS moved to adopt Ordinance No. FY2007 -16, seconded by FRIEND. Manager Gifford and staff felt it prudent that the tax on personal property accounts (not including boats) with a low assessed value not be billed. The Borough Attorney reviewed this ordinance. Mayor Selby opened the public hearing. Hearing and seeing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Williams, Abell, Branson, Friend BOROUGH MANAGER'S REPORT Manager Gifford reported the 2007 Alaska Legislative session was over and the Borough will receive $571,286 in revenue sharing which will enable the Borough to provide for the local school funding as requested. The State also funded the PERS /TERS liability making up the difference in the employer rate. SB 111 which establishes a state Public Use Area at Narrow Cape passed the Legislature and is awaiting transmittal to the Governor. The State Capital Budget passed by the legislature included capital projects for Kodiak Island. Manager Gifford gave an update regarding Kodiak Sanitation emptying most residential garbage dumpsters on Sundays. Construction bids for the Kodiak Middle School Seismic project are due on Monday, June 11, 2007. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby commented that the State monies received were one -time funds. He encouraged citizens to communicate to Kodiak's representatives. UNFINISHED BUSINESS - None NEW BUSINESS A. CONTRACTS 1. Contract No. FY2007 -46 Floor Covering Replacement at Kodiak Schools. OSWALT moved to authorize the manager to execute Contract No. FY2007 -46 with Northwest Carpeting Company, LLC of Eagle River, Alaska in the amount not to exceed $190,688, seconded by WILLIAMS. Manager Gifford reported that this contract was for the removal and replacement of flooring at Main Elementary School and the KHS Kitchen. Three bids were received and Northwest Carpeting Company, LLC was the lowest bidder in the amount of $190,688. Assembly member Williams made public note of a letter from Jim Cole questioning staff as to Northwest Carpet Company's references. Manager Gifford stated that letter from Mr. Cole was brought to staff at 4:30 p.m. and it was not considered a protest. Manager Gifford reported that bids were compared carefully and staff recommended Northwest Carpeting Company's bid. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Lynch, Oswalt, Williams, Abell, Branson, Friend, Jeffrey Kodiak Island Borough Assembly Minutes June 7, 2007 Page 399 B. RESOLUTIONS 1. Resolution No. FY2007 -38 Rescinding Resolution FY2006 -27 and Establishing a Joint Kodiak Fisheries Advisory Committee. BRANSON moved to adopt Resolution No. FY2007 -38, seconded by OSWALT. Manager Gifford reported this Resolution would create a Joint Kodiak Fisheries Advisory Committee to advise both Assembly and City Council of fisheries issues. It is anticipated that members will be formally appointed to the committee for three year terms. Assembly member Jeffrey supported this resolution and encouraged anyone interested in serving to submit an application. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Williams, Abell, Branson, Friend, Jeffrey, Lynch 2. Resolution No. FY2007 -39 Declaring an 84.38 Acre Portion of Borough Land, Described as Tracts B1, B2, B3 and B4 -A, Bells Flats, Alaska Subdivision a Surplus to Borough Need and Authorizing the Borough Manager to Negotiate Directly with the Petitioners for a Disposal of Borough Land by Lease for Fair Market Value. WILLIAMS moved to adopt Resolution No. FY2007 -39, seconded by OSWALT. Manager Gifford reported a corrected resolution was provided which would authorized him to negotiate with the petitioner, Brechan Enterprises, Inc., for a short -term lease, which includes a material sales contract, with similar terms and conditions as in the current lease and other relevant provisions of KIBC Title 18. The short-term lease and materials sales contract would be presented to the Assembly for its approval. Assembly member Lynch would like the short and long term leases brought before the public for comment and information. Assembly member Friend requested that a representative from Brechan, Inc. be involved with coming up with reclamation plans. He was in favor of the resolution. Mayor Selby suggested that the manager initiate the negotiation plan. Assembly member Abell was in favor of the resolution and hoped for a long -term lease. Assembly member Jeffrey noted the one -year lease would allow time for Staff to report back to the Assembly with a long -term lease. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Williams, Abell, Branson, Friend, Jeffrey, Lynch, Oswalt C. ORDINANCES FOR INTRODUCTION — None. D. OTHER ITEMS — None. Kodiak Island Borough Assembly Minutes June 7, 2007 Page 400 CITIZENS' COMMENTS Larry Ledoux thanked the Borough Assembly for its support in funding the school district's budget. ASSEMBLY MEMBER COMMENTS Assembly member Williams had no comments. Assembly member Friend commented on the Chamber of Commerce's Economic Report listing the top Kodiak employers and the Borough not being one of them. Assembly member Abell had no comments. Assembly member Branson was glad to have passed the budget and complimented staff on a job well done especially with the increasing revenues. She would like to see the Borough starting talking about a fiscal plan in the next month. Assembly member Jeffrey relayed her condolences to the Fields family in the death of Wanda Fields. She announced that Kodiak Sanitation will pick up bulk items free within the City limits. Assembly member Oswalt had no comments. Assembly member Lynch had no comments. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby announced that the Assembly would meet in a regular work session followed by a special meeting on Thursday, June 14, 2007 at 7:30 p.m. in the Borough Conference Room. The next regular meeting of the Assembly was scheduled for Thursday, June 21, 2007 at 7:30 p.m. in the Borough Assembly Chambers. There would be a Joint Borough Assembly /City Council Work Session on Tuesday, June 19, 2007 at 7:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION A. Attorney- client Privileged Communication Regarding Emergency Medical Services. JEFFREY moved to convene into executive session to discuss Attorney - Client Privileged communication regarding Emergency Medical Services, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Branson, Friend, Jeffrey, Lynch, Oswalt, Williams (Ayes), Abell (No) Mayor Selby recessed the regular meeting at 8:44 p.m. He reconvened the regular meeting at 9:13 p.m. He announced no action was taken as a result of the executive session. ADJOURNMENT OSWALT moved to adjourn the meeting, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Williams, Abell Kodiak Island Borough Assembly Minutes June 7, 2007 Page 401 The meeting adjourned at 9:15 p.m. ATTEST: Nova M. Javier, CMC, Boroug Clerk Approved: August 2, 2007 Kodiak Island Borough Assembly Minutes June 7, 2007 Page 402