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2009-10-15 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, October 15, 2009, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES * ota) A. * Regular Meeting of August 6 and Special Meetings of August 18 and September 24, 2009. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter Award B. Employee Longevity Award C. Domestic Violence Awareness Month Proclamation D. Coast Guard Appreciation Day Proclamation 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2010 -09 Ratifying and Certifying the Results of the Municipal Election Held October 6, 2009. gf111tka. 2. Resolution No. FY2010 -10 Expressing Appreciation to Attorney Matt Jamin for His Tireless Efforts in epresenting the Citizens of Kodiak in the Exxon Valdez Oil Spill Litigation. Prink60 Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 3. Resolution No. FY2010 -11 Appo'nt g a Member to the Kodiak Fisheries Development Association. (19(644 C. Ordinances for Introduction — None. D. Other Items 1. Oath of Newly Elected Officials (If Any). 2. Presentation to Outgoing Assembly Members (If Any). 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Fire Protection Area No. 1 Board Meeting of May 19, 2009. 2. Parks and Recreation Committee Meeting of August 11, 2009 July 14, 2009. 3. Personnel Advisory Board Meeting of February 25, 2009. 4. Planning and Zoning Committee Meetings of July 15, 2009 and August 19, 2009. 5. Solid Waste Advisory Board Meetings of March 4, 2009, March 10, 2009, and April 1, 2009. 6. Womens Bay Service Area Board Meetings of May 5, 2009, June 2, 2009, and June 30, 2009. B. Reports 1. Kodiak Island Borough August 2009 Financial Report. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, October 15, 2009, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. * Regular Meeting of August 6 and Special Meetings of August 18 and September 24, 2009. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter Award B. Employee Longevity Award C. Domestic Violence Awareness Month Proclamation D. Coast Guard Appreciation Day Proclamation 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS A. Alaska Aerospace Development Corporation Update 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2010 -09 Ratifying and Certifying Municipal Election Held October 6, 2009. 2. Resolution No. FY2010 -10 Expressing Appreciation to for His Tireless Efforts in Representing the Citizens of Valdez Oil Spill Litigation. the Results of the Attorney Matt Jamin Kodiak in the Exxon Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 3. Resolution No. FY2010 -11 Appointing a Member to the Kodiak Fisheries Development Association. C. Ordinances for Introduction — None. D. Other Items 1. Oath of Newly Elected Officials. 2. Presentation to Outgoing Assembly Members. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Fire Protection Area No. 1 Board Meeting of May 19, 2009. 2. Parks and Recreation Committee Meeting of August 11, 2009 July 14, 2009. 3. Personnel Advisory Board Meeting of February 25, 2009. 4. Planning and Zoning Committee Meetings of July 15, 2009 and August 19, 2009. 5. Solid Waste Advisory Board Meetings of March 4, 2009, March 10, 2009, and April 1, 2009. 6. Womens Bay Service Area Board Meetings of May 5, 2009, June 2, 2009, and June 30, 2009. B. Reports 1. Kodiak Island Borough August 2009 Financial Report. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, August 6, 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, Jerrol Friend, Judy Fulp, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Engineering and Facilities Director Woody Koning, Finance Director Karl Short, Deputy Clerk Marylynn McFarland, and Assistant Clerk Jessica Kilborn. BRANSON moved to excuse Assembly member Jeffrey who was out on personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of June 4, 2009 and July 2, 2009, and Special Meeting Minutes of June 25, 2009 and July 9, 2009 were approved under the consent agenda. AWARDS AND PRESENTATIONS CITIZENS' COMMENTS Pam Foreman, Parks and Recreation Committee Vice -Chair spoke in favor of Contract FY2010- 13. KODIAK ISLAND BOROUGH Assembly Regular Meeting August 6, 2009 COMMITTEE REPORTS Assembly member Stutes reported on the Providence Kodiak Island Counseling Center Advisory Council meeting. Assembly member Kaplan reported on the activities of the Parks and Recreation Committee. Assembly member Branson reported that the Providence Alaska Region Board will hold a board and community meeting on Tuesday, September 22, 2009. PUBLIC HEARING A. Ordinance No. FY2010 -03 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of not to Exceed $76,310,000 to Finance the Planning, Design and Construction of School and Related Capital Improvements in the Borough Including Without Limitation the Reconstruction and Renovation of the Kodiak High School, and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 6, 2009 Regular Borough Election. Kodiak Island Borough Assembly Minutes August 6, 2009 Page 1 KAPLAN moved to adopt Ordinance No. FY2010 -03. Mayor Selby noted that a substituted version of Ordinance No. FY2010 -03 which included corrections that were made at the last Assembly work session was provided to the Assembly. The Kodiak Island Borough School District (KIBSD) desired to renovate the Kodiak High School and construct additional facility space. Educational requirements had changed since Kodiak High School was originally constructed in 1966 as a regional education center. The instructional space available for Kodiak High School did not support the instructional programs which were needed to prepare high school students for success in the world marketplace. The state debt service reimbursement plan provided that the State of Alaska would reimburse the Borough for not less than 60% of debt service on the eligible portion of bonds authorized by the qualified voters of the Borough between October 1, 2006 and November 30, 2010, to pay costs of school construction, additions to schools, and major rehabilitation projects. Total principal and interest costs would be $120,465,845, after state reimbursement of approximately 60% the total cost to the Borough would be $48,186,338 and could require a mill rate increase of 2.64 mills. KIBSD's educational mission was severely compromised by facility limitations at the high school. KIBSD Superintendent McDonald provided the Assembly with additional information regarding the ordinance. He spoke on the needs of the students and the community to meet the education requirements provided at the high school facility. FRIEND moved to amend Ordinance No. FY2010 -03 by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Fulp, Kaplan, Lynch, Stutes, Branson, and Friend. Mayor Selby opened the public hearing. Bob Brodie, Carson Schick, Arne Schick, Angela Eastman, Jesse Laird, Solveiq Christenson, Peggy Tuttle, Nick Watkins, and Roger Estelle spoke in favor of Ordinance No. FY2010 -03 and commented on the health, safety, and education concerns facing KHS students. Isa Stihl Wirz and Charlie Davidson urged the Assembly to support Ordinance No. FY2010 -03. Mary Forbes spoke in support of Ordinance No. FY2010 -03 and commended KHS students for speaking to the Assembly in support of the ordinance. Mayor Selby closed the public hearing. Assembly members Branson, Kaplan, and Stutes commended the community's involvement in support of Ordinance FY2010 -03. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Friend, Fulp, Kaplan, Lynch, Stutes, and Branson. Kodiak Island Borough Assembly Minutes August 6, 2009 Page 2 B. Ordinance No. FY2010 -04 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $12,500,000 to Finance the Planning, Design, and Construction of Renewals and Replacements of Borough Facilities; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 6, 2009 Regular Borough Election. KAPLAN moved to adopt Ordinance No. FY2010 -04. The Borough currently owned over $200,000,000 worth of buildings as reflected on the values listed on the insurance schedules. The number did not include the cost of the land or site improvements. Part of the cost of ownership was to renew and /or replace parts of these buildings. The proceeds of the bond ($12,500,000) equaled 6.25% of the current value of the buildings. It was in the best interest of the Borough to keep the buildings properly maintained and deferred maintenance would cost more in the long run. Approximately 73% of the buildings were school buildings which qualified for a 70% debt reimbursement from the State of Alaska. Total principal and interest costs would be $19,841,337, after state reimbursement of approximately 51% the total cost to the Borough would be $10,138,923 and could require a mill rate increase of .53 mills. Engineering and Facilities Director Koning provided additional information regarding Ordinance No. FY2010 -04. Mayor Selby opened the public hearing. Bob Brodie spoke in support of Ordinance No. FY2010 -04. Solveig Christenson requested clarification be provided to voters about the specifics of each bond ordinance so that it was understood that the ordinances were two distinct issues. Mayor Selby closed the public hearing. Mayor Selby noted that there were no overlaps of either the two ordinances or the funds that would be passed by voters and directed staff to provide information to the public showing a probable rate that the bonds would be sold at. Assembly members spoke in favor of clarification of the two ordinances so the public would clearly understand the two ordinances were separate issues. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Reported on the results of the Junk Vehicle Disposal program. • Provided an update on the construction projects. • Recommended cancelling the work session of August 13 and the regular meeting of August 20 due to a lack of items for the agenda. Consensus of the Assembly was given. Assembly member Friend asked that information be provided to property owners of the Woodland Acres Subdivision regarding development issues due to the paving of the subdivisions roads. Kodiak Island Borough Assembly Minutes August 6, 2009 Page 3 MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on his attendance at the National Association of Counties (NACo) Annual Conference. Proposed resolutions and platform changes presented at the conference were made available to the Clerk's office. Mayor Selby provided explanation on the proposed changes to the Clean Waters Act which would affect future development near creeks and streams in the Kodiak area. He also reported that there would be a local legislative delegation that would be traveling to Washington D.C. to meet with the Borough lobbyists and Alaska congressional delegation. UNFINISHED BUSINESS None. NEW BUSINESS Contracts A. Amending the Motion Previously Adopted at the July 16, 2009 Regular Meeting on Contract No. FY2010 -01 Kodiak Island Borough Facilities Fuel Oil Delivery. BRANSON moved to amend the motion adopted at the July 16, 2009 regular meeting authorizing the manager to execute Contract No. FY2010 -01 with Petro Star, Inc of Kodiak, Alaska for a three year contract based on a margin FROM $.16 above the weekly average of the posted Seattle OPIS price TO $.25 above the weekly average of the posted Seattle OPIS price. Contract No. FY2010 -01 was approved by the Assembly on July 16, 2009 under the consent agenda. What was reflected on the agenda statement summary was correct; however, the motion that was indicated in the original agenda statement was incorrect and needed to be corrected for the record. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, and Kaplan. B. Contract No. FY2010 -13 Kodiak Road System Trails Master Plan. KAPLAN moved to authorize the manager to execute Contract No. FY2010 -13 with Alta Planning and Design of Portland, Oregon for the Kodiak Road System Trails Plan in the amount not to exceed $128,013. Assembly member Lynch declared a conflict of interest regarding the contract because she was part of the design team. Mayor Selby ruled in favor of the declaration and asked Assembly member Lynch to step down from the dais. Parks and Recreation Committee members worked through the process of selecting a contractor to perform the Road System Trails Master Plan. Nine planning firms responded to the Borough's Request for Proposals (RFP). Three firms were "short listed" and travelled to Kodiak to participate in an interview process, where they were rated and ranked. After the interview process the Committee chose ALTA Planning and Design to perform the work. ALTA had a strong background of trails planning, and included on its team was Mr. Matt Hastie who had developed a successful public participation program and project website for the KIB Comprehensive Plan that was completed during past years. Funds for the planning project would include primary funding through the Community Development Department budget and a State of Alaska CIAP grant of $23,500 which included another $80,000 to "improve" or "harden" various trails with what was known as geoblock. It was Kodiak Island Borough Assembly Minutes August 6, 2009 Page 4 noted that much of the preliminary work had been performed by the Borough which would reduce the ultimate price of the contract. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, and Kaplan. C. Contract No. FY2010 -14 Kodiak Schools Mechanical Electrical and Plumbing Equipment Seismic Upgrades. BRANSON moved to authorize the manager to execute Contract No. FY2010 -14 with Parkhurst Mechanical, LLC for the Kodiak Area Schools Mechanical, Electrical, and Plumbing Seismic Upgrades in an amount not to exceed $127,340. The contract was for the Kodiak Area Schools Mechanical, Electrical, and Plumbing Seismic Upgrades as shown on construction documents prepared by Jensen Yorba Lott, Inc. The project was to be funded in part by a FEMA HMGP Grant in the amount of $132,249 and other funds were to be determined. Bids were received in response to KIB's Invitation to Bid dated June 26, 2009. Parkhurst Mechanical, LLC. was the low bidder for the project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Kaplan, Lynch, and Stutes. Resolutions None. Ordinances for Introduction 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 in first reading to advance to public hearing at the next regular Assembly meeting. 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. Kodiak Island Borough Assembly Minutes August 6, 2009 Page 5 ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Friend, Fulp, Kaplan, Lynch, and Branson (Ayes); Stutes (No). Other Items A. Declaring a Seat on the Solid Waste Advisory Board Vacant. This item was approved under the consent agenda. Mr. Rick Pillans verbally advised the Clerk's Office on July 14, 2009 of his resignation from the Solid Waste Advisory Board. The Assembly accepted, with regret, the resignation of Mr. Pillans for a term to expire December 31, 2009 from the Solid Waste Advisory Board and directed the Borough Clerk to advertise the vacancy per Borough Code. B. Assembly Approval of a Vacation in Accordance With KIBC 16.40 and KIBC 16.60 to Allow a 10 -Foot Wide Utility Easement Over Lot 1A, U.S. Survey 3466 (Originally Created by Plat 80 -22) and the Vacation of a Portion of a Driveway and Utility Easement Located Over a Portion of the Same Lot. (Case S09 -021) BRANSON moved to approve the vacation of a 10 -foot wide utility easement over Lot 1A, U.S. Survey 3466 (originally created by Plat 80 -22) and the vacation of a portion of a driveway and utility easement located over a portion of the same lot. The petitioner requested the vacation of a 10 -foot utility easement located on a portion of land that was acquired from the Borough in 2008. The easement was located in an area where the petitioner was planning to build a residential addition. In addition, a portion of the driveway and utility easement was to be vacated which was no longer necessary to serve the petitioner's lot since they had acquired the portion of land from the Borough on which the portion of easement was located. The Planning and Zoning Commission at its July 15, 2009 regular meeting agreed with the request to vacate the easements and recommended approval to the Assembly based on the condition of approval that the vacation would be reviewed and approved by the Assembly prior to the granting of final plat approval. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Kaplan, Lynch, Stutes, Branson, and Friend. C. Declaring a Seat on the Service Area No. 1 Board Vacant. This item was approved under the consent agenda. Ms. Sharon Lea Adinolfi submitted a letter of resignation from the Service Area No. 1 Board on July 24, 2009, for a term to expire October 2011. The Assembly accepted, with regret, the resignation of Ms. Adinolfi for a term to expire October 2011 from the Service Area No. 1 Board and directed the Borough Clerk to advertise the vacancy per Borough Code. CITIZENS' COMMENTS Pam Foreman thanked the Assembly for approving Contract No. FY2010 -13. ASSEMBLY MEMBER COMMENTS Assembly member Lynch had no comment. Assembly member Stutes thanked the public for testifying on issues that were presented to the Assembly and commended the students who spoke in support of Ordinance No. FY2010 -03. Kodiak Island Borough Assembly Minutes August 6, 2009 Page 6 Assembly member Friend spoke on the new street lighting on Rezanof Drive and thanked all who participated in the project, and thanked the students and public for testifying on Ordinance No. FY2010 -03. Assembly member Kaplan wished everyone a great weekend. Assembly member Fulp spoke on local reunions that were being held, thanked CDD Director Cassidy for acting as the Administrative Official in the absence of the Manager, thanked Manager Gifford for submitting the letter to the State urging re- painting of the Near Island bridge, and thanked Assessor Tom Anderson for his hard work as the Borough Assessor and wished him well in Kenai. Assembly member Branson was impressed with the progress of the construction projects, expressed interest in the possibility of the Legislature overriding the Governor's veto on the $28 million dollar stimulus money, and alerted community members aged 65 and older that there were support systems in place to help cover the $70 /month tax exemption rate increase mandated by the state. Announcements Mayor Selby announced that the Assembly would hold a special meeting on Tuesday, August 18, 2009 at 7:30 p.m. in the Borough Assembly Chambers. The Assembly would meet in a work session on Thursday, August 27, 2009 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, September 3, 2009 at 7:30 p.m. in the Borough Assembly Chambers. Mayor Selby urged the public to attend a luncheon and to participate in discussion with the University of Alaska Fairbanks Chancellor on Thursday, August 20, 2008 at 12 p.m. at the Kodiak Inn. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. The meeting adjourned at 9:05 p.m. Nova M. Javier, MMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes August 6, 2009 Page 7 A special meeting of the Kodiak Island Borough Assembly was held on Tuesday, August 18, 2009 in the Borough Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. CITIZENS' COMMENTS None. KODIAK ISLAND BOROUGH Assembly Special Meeting August 18, 2009 CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Mayoral Appointment to the Solid Waste Advisory Board. JEFFREY moved to confirm the Mayoral appointment of Mr. Sebastian Niziol to the Solid Waste Advisory Board for a term to expire December 2009. There was one vacancy on the Solid Waste Advisory Board. An application was received from Mr. Sebastian Niziol for a term to expire December 31, 2009. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Kaplan, Jeffrey, Lynch, and Stutes. B. EXECUTIVE SESSION 1. Attorney's Opinions Regarding Reconsideration and Contract No. FY2010 -10 Threshold Services, Inc. Recycling RFP Process. FRIEND moved to convene into executive session to discuss attorney's opinions regarding reconsideration and Contract No. FY2010 -10 Threshold Services, Inc. recycling RFP process which qualified for executive session under attorney - client privileged communications and as a potential or pending litigation to which the Borough may become or was a party. ROLL CALL VOTE ON MOTION TO CONVENE IN EXECUTIVE SESSION CARRIED UNANIMOUSLY: Friend, Fulp, Kaplan, Jeffrey, Lynch, Stutes, and Branson. Mayor Selby convened the executive session at 7:35 p.m. Mayor Selby reconvened the special meeting at 8:15 p.m. and announced that the Borough Attorney found that the action was not subject to reconsideration and the Borough code had been followed throughout the process; hence, there would be no further action on this matter. Kodiak Island Borough Assembly Minutes August 18, 2009 Page 1 ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Kaplan, Jeffrey, Lynch, Stutes, Branson, and Friend. The meeting adjourned at 8:16 p.m. Nova M. Javier, MMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes August 18, 2009 Page 2 A special meeting of the Kodiak Island Borough Assembly was held Thursday, September 24, 2009 in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:31 p.m. Present were Assembly members Pat Branson, Jerrol Friend, Judy Fulp, Chris Lynch, and Sue Jeffrey. Staff members present were Manager Rick Gifford and Borough Clerk Nova Javier. FRIEND moved to excuse Mayor Selby and Assembly members Kaplan and Stutes who were out on personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS' COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Approval of the October 6, 2009 Regular Municipal Election Workers. JEFFREY moved to approve the regular municipal election workers as submitted by the Borough Clerk. A detailed list of workers was submitted to the Assembly for approval which included election workers in the villages, Chiniak, and in -town precincts. Also in the list were the counting /receiving team and canvass board members. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, and Lynch. ADJOURNMENT JEFFREY moved to adjourn the meeting: ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Lynch, and Branson. The meeting adjourned at 7:37 p.m. ATTEST: Nova M. Javier, MMC, Borough Clerk KODIAK ISLAND BOROUGH Assembly Special Meeting September 24, 2009 KODIAK ISLAND BOROUGH Jerome M. Selby, Mayor Approved: Kodiak Island Borough Assembly Minutes September 24, 2009 Page 1 TITLE: SUMMARY: FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -09. Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 15, 2009 REGULAR MEETING d-t° ITEM NO: 13.B.1 Resolution No. FY2010 -09 Ratifying and Certifying the Results of the Municipal Election Held on October 6, 2009. The Canvass Board will meet on October 8, 9, and 14 to canvass the 2009 municipal election. Since canvassing is not going to be finished by the time packets become available to the Assembly and the public, Resolution No. FY2010 -09 will either be emailed or provided before the regular meeting. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2010 -09 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH RATIFYING AND CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION HELD OCTOBER 6, 2009 WHEREAS, the Kodiak Island Borough held a Regular Election on October 6, 2009, at which time, candidates for the following offices were voted on: BOROUGH ASSEMBLY — Two Seats BOROUGH SCHOOL BOARD — Two Seats FIRE PROTECTION AREA NO. 1 BOARD — Two Seats SERVICE AREA NO. 1 BOARD — Two Seats BAY VIEW ROAD SERVICE AREA BOARD — Two Seats MONASHKA BAY ROAD SERVICE AREA BOARD — Two Seats WOMENS BAY SERVICE AREA BOARD — Two Seats Introduced by KIB Assembly Requested by Borough Clerk Drafted by Borough Clerk Introduced: 10/15/2009 Adopted: WHEREAS, the following propositions were submitted to the qualified voters in the Kodiak Island Borough; and PROPOSITION NO. 1 GENERAL OBLIGATION BONDS - $76,310,000 - KODIAK HIGH SCHOOL Shall the Kodiak Island Borough incur debt and issue general obligation bonds in an amount not to exceed Seventy Six Million Three Hundred Ten Thousand Dollars ($76,310,000) for the purpose of paying the cost of planning, design, construction, furnishing and equipping of school and related capital improvements in the Borough, including without limitation the projects described below? PROPOSITION NO. 2 GENERAL OBLIGATION BONDS FOR RENEWALS AND REPLACEMENTS OF BOROUGH FACILITIES Shall the Kodiak Island Borough incur debt and issue general obligation bonds in an amount not to exceed Twelve Million Five Hundred Thousand Dollars ($12,500,000) to finance the planning, design and construction of renewals and replacements of Borough buildings and other facilities? 73% of these projects are school related. WHEREAS, the Canvass Board of the Kodiak Island Borough met on October 8 and 14 and tallied the votes of Write -Ins, Absentee Ballots, Questioned Ballots, and Personal Representative Ballots together with votes counted on election night; and WHEREAS, the tallies as recorded by the Canvass Board are as follows. KODIAK ISLAND BOROUGH ASSEMBLY — TWO SEATS, THREE -YEAR TERMS Chris Lynch 1268 David King 928 Steve Branson 774 Jerrol Friend 1063 Write -Ins 48 Kodiak Island Borough, Alaska Resolution No. FY2010 -09 Page 1 of 4 KIB SCHOOL DISTRICT BOARD OF EDUCATION — TWO SEATS, THREE -YEAR TERMS Petal Ruch 1592 Norman Wooten 1753 Write -Ins 114 FIRE PROTECTION AREA NO. 1 BOARD — TWO SEATS, THREE -YEAR TERMS Rebecca Nelson 722 Write -Ins Only the top three are listed below: 85 Scott L. Arndt 14 Cliff Davidson 7 James R. Mullican 4 SERVICE AREA NO. 1 BOARD — TWO SEATS, THREE -YEAR TERMS Write -ins Only the top three are listed below: 144 Charles F. Lorenson 19 Alan Torres 14 Scott L. Arndt 8 BAYVIEW ROAD SERVICE AREA BOARD — TWO SEATS, THREE -YEAR TERMS Write -ins Only the top three are listed below: 24 Reed Oswalt 6 Fred Roberts 3 James Schauff 3 MONASHKA BAY ROAD SERVICE AREA BOARD — TWO SEATS, THREE -YEAR TERMS Darlene Turner 54 Write -ins Only the top three are listed below: 28 Bruce McNeil 3 David Sundberg 3 Don Fox 3 WOMENS BAY SERVICE AREA BOARD — TWO SEATS, THREE -YEAR TERMS David Conrad Write -ins George Lee James Cobis Jim Rippey Ed Gondek Only the top four are listed below: 203 39 14 2 2 2 Kodiak Island Borough, Alaska Resolution No. FY2010 -09 Page 2 of 4 PROPOSITION NO. 1 GENERAL OBLIGATION BONDS - $76,310,000 - KODIAK HIGH SCHOOL Shall the Kodiak Island Borough incur debt and issue general obligation bonds in an amount not to exceed Seventy Six Million Three Hundred Ten Thousand Dollars ($76,310,000) for the purpose of paying the cost of planning, design, construction, furnishing and equipping of school and related capital improvements in the Borough, including without limitation the projects described below? Yes No Yes No TOTAL REGISTERED VOTERS TOTAL VOTES CAST /PERCENTAGE 1281 1114 PROPOSITION NO. 2 GENERAL OBLIGATION BONDS FOR RENEWALS AND REPLACEMENTS OF BOROUGH FACILITIES Shall the Kodiak Island Borough incur debt and issue general obligation bonds in an amount not to exceed Twelve Million Five Hundred Thousand Dollars ($12,500,000) to finance the planning, design and construction of renewals and replacements of Borough buildings and other facilities? 73% of these projects are school related. 1059 1307 36 /605 - Chiniak 127 36 /608 -Flats 1979 36/615 -KI South (Larsen Bay) 203 36/618- Kodiak No. 1 1920 36/620- Kodiak No. 2 1849 36/622- Mission Road 3082 36/625 -Old Harbor 138 36 /635 - Ouzinkie 128 36/645 -Port Lions 223 Total 9649 Votes Cast Percentage 36 /605 - Chiniak 29 22.83% 36 /608 -Flats 263 13.29% 36/615 -KI South (Larsen Bay) 34 16.75% 36/618- Kodiak No. 1 497 25.89% 36/620- Kodiak No. 2 341 18.44% 36/622- Mission Road 863 28.00% 36/625 -Old Harbor 30 21.47% 36 /635 - Ouzinkie 47 36.72% 36/645 -Port Lions 34 15.25% Absentee in Person 164 1.70% Absentee by Mail 30 .31% Questioned Ballots 140 1.45% Personal Representative 8 .08% Total 2480 25.70% Kodiak Island Borough, Alaska Resolution No. FY2010 -09 Page 3 of 4 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Assembly finds that the Municipal Election of October 6, 2009 was validly held and hereby ratifies and certifies the results of the election as reflected below: Borough Assembly — Two Seats, Three Year Terms Chris Lynch —1268 Jerrol Friend -1063 School Board - Two Seats, Three Year Terms Norman Wooten —1753 Petal Ruch —1592 Fire Protection Area No. 1 Board - Two Seats, Three Year Terms Rebecca Nelson — 722 Scott L. Arndt —14 Service Area No. 1 Board - Two Seats, Three Year Terms Charles F. Lorenson —19 Alan R. Torres — 14 Bayview Road Service Area Board - Two Seats, Three Year Terms Reed Oswalt — 6 James Schauff — 3 (Drawn by Lot) Monashka Bay Road Service Area Board - Two Seats, Three Year Terms Darlene Turner — 54 David Sundberg — 3 (Drawn by Lot) Womens Bay Service Area Board — Two Seats Three Year Terms David G. Conrad — 203 George Lee —14 Proposition No. 1 — Kodiak High School - Passed Yes —1281 No —1114 Proposition No. 2 — Borough Facilities — Failed Yes —1059 No - 1307 ADOPTED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THIS DAY OF OCTOBER 2009 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, MMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Resolution No. FY2010 -09 Page 4 of 4 TITLE: SUMMARY: FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 15, 2009 REGULAR MEETING ITEM NO: 13.B.2 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. This resolution expresses appreciation to KIB Attorney Matt Jamin for his tireless efforts in representing Coastal Fishing Communities in the Exxon Valdez Oil Spill litigation. • RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -10. 1 Introduced by: Borough Assembly 2 Requested by: Mayor Selby 3 Drafted by: Mayor Selby Introduced on: 10/15/2009 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2010 -10 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 EXPRESSING APPRECIATION TO ATTORNEY MATT JAMIN FOR HIS TIRELESS 11 EFFORTS IN REPRESENTING THE CITIZENS OF KODIAK IN THE 12 EXXON VALDEZ OIL SPILL LITIGATION 13 14 WHEREAS, on March 24, 1989, the Fuel Tanker Exxon Valdez ran aground on Bligh Reef 15 spilling millions of gallons of crude oil into the pristine waters of Prince William Sound and 16 downstream in the waters surrounding Kodiak Island, killing vast numbers of ocean habitat and 17 waterfowl and devastating the livelihoods of generations of commercial fishermen as well as the 18 economies of the coastal fishing communities; and 19 20 WHEREAS, Attorney Matt Jamin of Kodiak on behalf of the Kodiak Island Borough was 21 responsible for the initial effort for Exxon to be held accountable for the devastation and has 22 worked tenaciously on the EVOS litigation since the beginning; and 23 24 WHEREAS, for Matt Jamin, it wasn't about the money nor was it about winning the case; he has 25 been an advocate for the people, families, and communities impacted by the spill, spending 60- 26 80 hours a week working on their behalf to get them some relief in the interim and to make them 27 whole again, all the while working without compensation from the beginning until resolution of the 28 case, nearly twenty years later; and 29 30 WHEREAS, Matt Jamin has been available to his clients to answer questions and provide 31 advice, always being cordial and helpful; and 32 33 WHEREAS, his firm has worked hard to make sure that the settlement money is distributed and 34 everybody who is eligible to receive a settlement does in fact receive a settlement. 35 36 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 37 BOROUGH that Kodiak, Alaska, hereby expresses its appreciation to Matt Jamin for his tireless 38 efforts in representing the citizens of Kodiak in the Exxon Valdez Oil Spill Litigation. 39 40 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 41 THIS DAY OF 2010 42 43 KODIAK ISLAND BOROUGH 44 45 46 47 ATTEST: Jerome M. Selby, Borough Mayor 48 49 50 51 52 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2010 -10 Page 1 of 1 TITLE: Resolution No. FY2010 -11 Appointing a Member to the Kodiak Fisheries Development Association. SUMMARY: The Kodiak Island Borough and City of Kodiak have 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 has indicated his desire to be appointed to one of the expired joint seats for a term to expire July 2011. Since there is no Borough /City Joint Work Session currently scheduled, both the Borough and City Managers proposed to present the appointment of Mr. Schmeil. Joint Appointees: Stosh Anderson (7/10) (joint appointment) Linda Freed (7/11) (joint appointment) Albert Tyler Schmeil (7/11) (joint appointment) (seat previously held by Laine Welch exp. 7/2008 APPROVAL FOR AGENDA: Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 15, 2009 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 - 11. ITEM NO: 13.B.3 1 Introduced by: Manager Gifford 2 Requested by: Borough Assembly 3 Drafted by: City Manager/ Borough Clerk 4 Introduced on: 10/15/2009 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2010 -11 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPOINTING A 11 MEMBER TO THE KODIAK FISHERIES DEVELOPMENT ASSOCIATION 12 13 WHEREAS, the North Pacific Fishery Management Council adopted the Bering Sea /Aleutian 14 Islands Crab Rationalization Program as Amendments 18 and 19 to the Fishery Management 15 Plan for Bering Sea /Aleutian Islands King and Tanner Crabs; and 16 17 WHEREAS, under the Program, Kodiak was designated as an eligible crab community (ECC) 18 and in connection with such designation the Kodiak Island Borough and the City of Kodiak have 19 the authority to jointly exercise certain rights of first refusal (ROFR) with respect to processor 20 quota shares (PQS) allocated under the Program; and 21 22 WHEREAS, to exercise the ECC ROFR the Kodiak Island Borough and the City of Kodiak 23 have jointly designated the Kodiak Fisheries Development Association (KFDA) as the region's 24 eligible crab community entity (ECCE) having the authority to do so on their behalf; and 25 26 WHEREAS, the bylaws of the Kodiak Fisheries Development Association provide for 27 appointment of Directors to the Board of the KFDA by the Kodiak Island Borough Assembly and 28 the Kodiak City Council; and 29 30 WHEREAS, the bylaws of the KFDA state, in part, that Directors shall serve until their 31 successors are appointed and qualified; and 32 33 WHEREAS, two of the three joint KFDA Director seats' terms have expired; and 34 35 WHEREAS, Albert Tyler Schmeil has indicated his desire to be appointed to a joint seat on the 36 KFDA Board of Directors. 37 38 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 39 BOROUGH that the following individuals are appointed as Directors of the Kodiak Fisheries 40 Development Association, with the noted terms: 41 42 City Appointees: 43 Crab Processor Rep. - Mike Woodruff (7/10) (appointment) 44 Crab Harvester Rep. - Jeff Stephan (7/11) (reappointment) 45 46 Joint Appointees: 47 Stosh Anderson (7/10) (joint appointment) 48 Linda Freed (7/11) (joint appointment) 49 Albert Tyler Schmeil (7/11) (joint appointment) 50 51 Borough Appointees: 52 Crab Processor Rep. — Tuck Bonney (7/12) (reappointment) 53 Crab Harvester Rep. — Jerry Bongen (7/12) (reappointment) Kodiak Island Borough Resolution No. FY2010 -11 Page 1 of 2 54 55 56 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 57 THIS DAY OF OCTOBER, 2009 58 59 KODIAK ISLAND BOROUGH 60 61 62 63 Jerome M. Selby, Borough Mayor 64 65 ATTEST: 66 67 68 69 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2010 -11 Page2of2 Advisory Board Application Form A?en �r NAME 1 - E 3 SS 30 - z.?tz.- t to,5 t-{ 8 S.87 5c41in i) . e FIOME TELEPHONE WORK TELEPHONE 402-(0 (5e roc e RESIDENCE (STREET) ADDRESS PD, ac),/, MAILING ADDRESS G is LENGTH DIAK Are you a registered voter in the City of Kodiak? Do you own property in the City of Kodiak? On which boards are you interested in serving? (Please list in order of preference) K (� Community Activities: Revised: June 2009 City Clerk's Office 710 Mill Bay Road, Rm 216 Kodiak, AK 99615 (907) 486 -8636 * (907) 486 -8600 (fax) TEIOF N FAX EMAIL LENGTH OP RESIDENCE IN ALASKA ❑ Yes ktkNO o Yes'*-No DATE Return application to City Clerk, 710 Mill Bay Road, Room 216, Kodiak, AK 99615 Fax: 486 -8600 1 9 KODIAK, AK 99615 Please list your areas of expertise and education that would benefit the boards for which you are applying. CorYirkercic CnC2.__ 30 jave..5 6■, ,\(/11O( a , L tbok'CA a K S ( (JuA Professional Activities: /'' � t � ` S 1 'l t v)cf ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — July 31, 2009 APPROVED: Motion to adjourn. SUMMARY APPROVED: Motion to approve purchase requisition number 720000035 to Government Computer Sales, Inc in the amount of $27,559. APPROVED: Motion to approve purchase requisition number 610008004 to North Dakota Division of Independent Study in the amount of $13,000. APPROVED: Motion to approve a request to bid six vehicles as presented by Director of Operations Scott Williams. ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — August 10, 2009 APPROVED: Motion to adjourn. SUMMARY APPROVED: Motion to approve 2009/2010 administrative contracts to Brent Bjornn for 1.0 FTE Principal /Teacher at Port Lions School in the amount of $87,125 for 205 days and to Melissa Beyers Watson for 1.0 FTE Director of Federal Programs and Assessment in the amount of $89,670 for 210 days. APPROVED: Motion to approve a 2009/2010 certificated contract to Laila Camancho- Carver — BA +0/0 in the amount of $41,250 plus $1,238 village stipend for 1.0 FTE Teacher at Port Lions School. APPROVED: Motion to approve Memorandum of Agreement Number 090 -004 to Alaska Premier Therapy in the amount not to exceed $68,000 for speech language services; at $560 per day not to exceed 30 days for rural services and not to exceed 92.5 days for East Elementary School services for the 2009/2010 school year. KODIAK ISLAND BOROUGH ASSEMBLY MEETING r Regular Meeting of: I U` Please PRINT your name Please PRINT your name Name:Arthur Schultz Address: 3580 Sitkinak in the Trinity Islands Subdivision I'm here regarding a long- standing issue with my property. Since my house was built, I've had a stream of traffic crossing my yard for access to Sharatin Rd. On some summer days in the past, the traffic has peaked at 40 people/hour. Recent development has slowed but not halted this traffic. Many new residents who surround me have voiced a desire for access, particularly for foot traffic, as shown by opposition to Kodiak Cristian School's petition to vacate that portion of Perenosa Drive adjoining it's construction. Given the clear public desire for access, I recently began to wonder "What about the rest of Perenosa Dr. ?" After all, there is a 60 foot wide, Borough owned, public roadway that connects Tugidak Court and Sharatin Road. Well, It exists on borough maps anyway, but I challenge anyone of you to go to Tugidak Court and find it. There is no issue of public access at the Sharatin Road properties adjoining this roadway. That is wide open, so all further comments are specific to the 5 lots of Trinity Is. that adjoin Perenosa. One property was granted a driveway permit. A second property owner requested permission to fence off the portion of Perenosa adjoining his property. That request was denied. That property owner, Matt Hartt is now the only one among the 5 who is __ ' 11 n } eggregiously encroaching on the public roadway! 4 The Borough's letter of denialA quite forthright and in fact prescient of the current situation. It mentions a P &Z refusal to vacate the roadway, specifying "future public benefit" and "the public interest in retaining right -of -way in a potentially high - density neighborhood." The letter continues with a veritable prophesy of the actions that have since been taken by 3 of the property owners. "...fences have historically defined areas restricted for private use, which would be the overall effect of the fence you are proposing." Ladies and gentlemen, three matching solid wood fences, complete with a "No Trespassing" sign on one property create a supremely convincing impression of a restriction for private use. The extensive gravel work added to Perenosa by one property owner can hardly be enjoyed by the public given this intrusive fence. Even that parcel granted driveway access has taken it's easement to such an extreme that the owner is reported by neighobrhood children to chase them off as though it is private property. Further, while not fenced, the property gives every impression of being privately owned, including a degree of blockage imposed by their storage of private property. Members of the Assembly, such a re- allocation of public property would be considered felonious in any other situation. If this is not a case of outright theft hidden in plain sight, I can find no evidence that it occurred with the blessing of anyone except the property owners who have benefitted. Please find something, anything that can reassure me that my neighbors are not such scoundrels, and if you cannot, please act immediately to correct this apparent theft of public property. Mayor Selby Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson N W • 0 z . YES 1 NO Ma r Selby ,pt in the case where only six members of the assembly are present and there is a t1iree /thre Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson co co m 7 5 o z z G o 1 YES NO Mayor Selby Ms. Stutes E OF VOTE? C TOTAL: Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson cn co m 0 YES NO Mayor SeI• Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp l Mr. Friend 1 Ms. Branson cn W n ;. 0 v 1 YES NO Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Branson Mr. Friend Ms. Fulp C C CA CD n ;5 Z � NS YES V , NO a 0 3 m a 0 v a z W 0 0 cn G) m 00 r 0 r r 0 r r v = m m m o CD m a (D 0 v' 0 m 0 D a z v 0 0 0 a cn 0) m 00 r 0 r r 0 r r 0) m m I I I Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes CHANGE 01 TOTAL: The mayor may Mayes Salhy N M � � O f/ z a $=:=,' '1 1111 61 Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey,,► Mr. Kaplan Ms. Lynch Ms. Stutes iANGE OF VO1 TOTAL: :pt in the case wh Mayor Selby 1 I n J -alb- 11 11 YES I Ms. Stutes E OF VOTE? C TOTAL: Members of the as Mayor Selby 1 Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson u) o0 m 7 5 0 z P YES NO Ms. Lynch Mr. Kaplan 1 Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson YES NO Ms. Lynch 1 Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson BY: SECOND: YES NO I o CD m a (D 0 v' 0 m 0 D a z v 0 0 0 a cn 0) m 00 r 0 r r 0 r r 0) m m Kodiak Island Borough Assembly Regular Meeting Guidelines October 15, 2009, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse the absence of Mayor Selby who is attending the Western Interstate Region Conference. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: *Regular Meeting Minutes of August 6 and Special Meeting Minutes of August 18 and September 24, 2009. Recommended motion: Move to approve the agenda and consent agenda as submitted. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting of August 6 and Special Meetings of August 18 and September 24, 2009. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter Award — Manager Gifford B. Employee Longevity Award — Manager Gifford C. Domestic Violence Awareness Month Proclamation — Deputy Presiding Officer Branson D. Coast Guard Appreciation Day Proclamation — Deputy Presiding Officer Branson 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS Clerk's Note: The update by AADC will be rescheduled to a future meeting. Kodiak Island Borough Assembly Guidelines October 15, 2009 Page 1 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2010 -09 Ratifying and Certifying the Results of the Municipal Election Held October 6, 2009. Recommended motion: Move to adopt Resolution No. FY2010 -09. Clerk's Note: Attached on yellow paper is the resolution which was made available to the public. Staff Report — Clerk Javier Assembly discussion. ROLL CALL VOTE ON MOTION. 2. 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. Recommended motion: Move to adopt Resolution No. FY2010 -10. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Resolution No. FY2010 -11 Appointing a Member to the Kodiak Fisheries Development Association. Recommended motion: Move to adopt Resolution No. FY2010 -11. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines October 15, 2009 Page 2 C. Ordinances for Introduction — None. D. Other Items 1. Oath of Newly Elected Officials. The Borough Clerk will administer the Oath of Office to newly elected Assembly Members Jerrol Friend and Chris Lynch. 2. Presentation to Outgoing Assembly Members (If Any). Clerk's Note: There are no outgoing Assembly Members. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 15. ASSEMBLY MEMBER COMMENTS Announcements — Deputy Presiding Officer Branson The Assembly will hold a special meeting on Thursday, October 22, 2009 at 7:30 p.m. in the Borough Conference Room. The next work session is scheduled on Thursday, October 29, 2009 at 7:30 p.m. in the Borough Conference Room, and a regular meeting on Thursday, November 5, 2009 in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines October 15, 2009 Page 3