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2010-11-04 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting November 4, 2010 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, November 4, 2010, 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 Carol Austerman, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of October 7, 2010, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented the Student of the Month Award for November 2010 to Alex "Mikey" Chya, a junior at the Kodiak Island Borough School District Learning Center. CITIZENS' COMMENTS Melissa Borton thanked the Assembly for its support of Resolution No. FY2011 -11. COMMITTEE REPORTS Assembly member Friend provided an update on the Architectural Review Board architect firm selection process for the Kodiak High School Renewal and Replacement project. Assembly member Jeffrey provided an update on the Kodiak Fisheries Advisory Council meeting in October. Seat vacancies on the Council were being considered. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • High wind damage on November 3, 2010, at Bayside Fire Station. • The state -wide bond which was on the ballot for the new Alaska Department of Fish and Game (ADF &G) was approved by the voters on the November 2 General Election. A meeting with the ADF &G officials was planned to determine the future process. The Architectural Review Board would meet on Tuesday, November 9, 2010, to review 95% drawings. The bidding process was planned for the winter season, with construction planned in Summer 2011. Kodiak Island Borough Assembly Minutes November 4, 2010 Page 852 • Request for Proposals (RFPs) for the architecture /engineering firm for the replacement of the long -term care center would be advertised beginning November 5, 2010. Turnaround for the proposals was scheduled for December 2010. • Out of the office November 14 -19 to attend the Alaska Municipal League Conference in Juneau. MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS None. NEW BUSINESS Reorganization of the Kodiak Island Borough Assembly 1. Election of the Deputy Presiding Officer. Mayor Selby opened the nominations. JEFFREY moved to nominate Assembly member Friend as Deputy Presiding Officer. Mayor Selby closed the nominations. STUTES moved to cast a unanimous ballot for Assembly member Friend as Deputy Presiding Officer. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Contracts None. Resolutions 1. Resolution No. FY2011 -11 Identifying Responsibility for the Maintenance of the Anton Larsen Dock Replacement. This item was approved under the consent agenda. The Kodiak Island Borough was preparing to submit a project nomination to the Denali Commission Transportation Program to request funding assistance for the planning and design phase of the Anton Larsen Dock Replacement Project. The project nomination required a maintenance resolution that identified the organization responsible for maintaining the completed project. Ordinances for Introduction 1. Ordinance No. FY2011 -06 Amending the Kodiak Island Borough Code of Ordinances Title 8 Health and Safety Chapter 8.30 Prohibition of Smoking. JEFFREY moved to adopt Ordinance No. FY2011 -06 in first reading to advance to public hearing at the next regular Assembly meeting. This ordinance would amend the Borough Code Title 8 Health and Safety and the Personnel Manual 1118 Designated Smoking Areas. Research demonstrated the health hazards associated with smoking and breathing of second -hand smoke. The Assembly wished to provide a healthy environment for employees and visitors. Kodiak Island Borough Assembly Minutes November 4, 2010 Page 853 This ordinance would prohibit smoking in all buildings and offices owned or leased by the Kodiak Island Borough at all times. Except as provided in Chapter 8.30, smoking would be prohibited within a distance of fifty feet outside any entrance, window, or ventilation intake system of any building or office owned or leased by the Kodiak Island Borough to ensure that smoke did not enter any enclosed area where smoking was prohibited by this chapter. Smoking would be prohibited on the grounds of the Borough Building at all times due to its proximity to the Kodiak Island Borough School District offices and the Kodiak High School property where smoking was prohibited. This ordinance would take effect January 1, 2011. Assembly member Jeffrey questioned the enforcement of smoking on all premises of Borough buildings including schools. Manager Gifford outlined the areas where smoking would be prohibited and noted that this ordinance would meet federal policies and recommendations regarding the prohibition of smoking in areas around schools. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Austerman. 2. Ordinance No. FY2011 -07 Amending Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax. FRIEND moved to adopt Ordinance No. FY2011 -07 in first reading to advance to public hearing at the next regular Assembly meeting. This ordinance was a general re -write of KIBC 3.40 Taxation of Personal Property. The re -write included the following three major changes: 1. Exempted from taxation the first $20,000 of assessed valuation of business property for each taxpayer. 2. Changed the method for taxing aircraft from ad valorem to a flat tax based on take -off weight. 3. Changed the basis for taxing of vessels from "more than five net tons" to longer than 20 feet from bow to stern. This was intended to add fish charter boats that were under five net tons to the tax roll. This ordinance was reviewed by the Borough Attorney and would take effect January 1, 2011. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Austerman, and Friend. Other Items 1. Accepting a FEMA HMGP Grant for the Seismic Upgrade of the Kodiak Middle School Gymnasium. KAPLAN moved to accept a FEMA HMGP Grant for the Seismic Upgrade of the Kodiak Middle School Gymnasium in the amount of $462,000. The purpose of this action was to accept a Hazard Mitigation Grant Program (HMGP) grant for Fiscal Year 2011 from the State of Alaska Department of Military and Veterans Affairs- Division of Homeland Security and Emergency Management in the amount of $462,000. These funds Kodiak Island Borough Assembly Minutes November 4, 2010 Page 854 would pay for the seismic upgrade for the Kodiak Middle School Gymnasium. During the course of design for the seismic upgrades to the Kodiak Middle School, the gymnasium was found to also have structural deficiencies. This grant was from FEMA, but was managed by the State of Alaska. Funds would be appropriated during the mid -year budget amendment. Mayor Selby commended the Manager and Borough staff for their continued efforts to receive FEMA funds to support the seismic projects. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Austerman, Friend, and Fulp. CITIZENS' COMMENTS Stewart McDonald thanked the Assembly for its support on the seismic upgrade projects within the School District. ASSEMBLY MEMBER COMMENTS Assembly members congratulated Student of the Month Award recipient Mikey Chya and newly - elected Deputy Presiding Officer Friend. Assembly member Lynch commented on future programs by the Bayside Fire Station. In order to receive grant funding for the programs, a Borough ordinance had to be adopted requiring children to wear helmets when riding bicycles. Assembly member Lynch recommended future discussion in order to assist with the grant funding. Assembly member Stutes asked for clarification regarding the RFP process for the long -term care center and noted that the Assembly had agreed to do a feasibility study prior to starting the project. Manager Gifford responded that the feasibility study would be performed by the architect to incorporate into the project the cost projections and clarified that the project would be accomplished through phases. Assembly member Kaplan wished everyone a Happy Thanksgiving. Assembly member Friend thanked the Assembly for its confidence in electing him as deputy presiding officer and also wished everyone a Happy Thanksgiving. Assembly member Jeffrey acknowledged the passing of community members and expressed condolences to their families. She congratulated Chamber of Commerce Executive Director Trevor Brown and his wife on the birth of their daughter. Assembly member Fulp asked that consideration be given to not increasing property taxes during the high school remodeling project, thanked the Kiwanis Club for providing lights to the Main Elementary school kids for the winter months, and expressed condolences to the Sundberg family. Assembly member Austerman expressed that she was happy to be part of the Assembly and thanked Assembly members for their support and encouragement. Kodiak Island Borough Assembly Minutes November 4, 2010 Page 855 Mayor Selby wished everyone a Happy Thanksgiving and encouraged the community to contribute to the effort of providing for families in need during the holiday season. Announcements Mayor Selby announced the Borough offices would be closed on Thursday, November 11, 2010, in observance of Veteran's Day. The Assembly work session scheduled for Tuesday, November 16, 2010, and the regular meeting scheduled for Thursday, November 18, 2010, had been cancelled. The Borough Clerk's Office would be closed November 15, 16, and 17 and would reopen for business on Thursday, November 18 at 8 a.m. The Mayor and members of the Assembly would be traveling to Juneau November 15 -19 to attend the Alaska Municipal League Conference. The Borough offices would be closed Thursday, November 25 and Friday, November 26, in observance of the Thanksgiving holiday. The next Assembly work session would be held on Tuesday, November 30, 2010, at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, December 2, 2010, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Austerman, Friend, Fulp, and Jeffrey. The meeting adjourned at 8 p.m. KODIAK ISLAND BOROUGH `�� ' .1 :sail te ATTEST: Je .me M. Selby, Ma or ova, Javie , MMC, Borough Clerk Approved: December 2, 2010 Kodiak Island Borough Assembly Minutes November 4, 2010 Page 856