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2011-03-03 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting March 3, 2011 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, March 3, 2011, 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, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda. JEFFREY moved to amend the agenda by removing Item 6.B Student of the Month Award Presentation. The student of the month recipient notified the Clerk's office of a conflict in schedules. The award presentation was moved to the March 17, 2011, regular meeting agenda. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY: Austerman, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Austerman. APPROVAL OF MINUTES A. Regular Meeting Minutes of January 20 and February 3, 2011, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed the Month of March 2011 as National Women's History Month. Manager Gifford presented the Employee of the Year Award to Eddie Arellano, Maintenance Mechanic in the Engineering and Facilities Department. CITIZENS' COMMENTS David Blacketer provided a quarterly report for the Senior Citizens of Kodiak, Inc. Ken Reinke spoke on Women's History Month. Sam Mutch spoke against the proposed Joint Fisheries Representative. Kodiak Island Borough Assembly Minutes March 3, 2011 Page 887 COMMITTEE REPORTS Assembly member Friend reported on the efforts of the Architectural /Engineering Review Board to choose a firm for the architectural design for the long -term care facility. Assembly member Jeffrey reported on the Kodiak Fisheries Advisory Committee meeting held on February 24, 2011; KFAC met to work on restructuring the committee. The North Pacific Fishery Management Council meeting will be held in Nome in June. Assembly member Kaplan reported on the School Board Budget Committee. The FY12 budget was being reviewed and would be presented to the Assembly by April 30. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Jensen Yorba Lott would be in Kodiak the week of March 8 to hold the KHS Design Concept Kickoff Meetings. • Code revision consultants would meet in Kodiak, March 10 and 11. • Assessment notices were mailed out on Monday, February 28. Adjustments could be made by calling the Borough Assessor. • Reported on the bonds sold on March 1. $8 million were sold and would be used for the KHS Renovation Project. • Would be attending the Joint Legislative Reception in Juneau, March 8 -10. Manager Gifford answered questions from Assembly member Jeffrey regarding the upcoming land sale and reviewed discussions that took place at the work session of February 24. Manager Gifford noted that the goal was to hold the sale in late spring or early summer. There were three lots platted for sale, one in the Monashka Bay area and two in the Bells Flats area. Further information would be provided to the Assembly once the parcels had gone through the Planning and Zoning Commission process. It was noted that sale conditions would be addressed in an ordinance. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on the Fishery Industrial Technology Center (FITC) Committee meeting. Reassurance was given at the meeting that the University of Alaska fully intended to keep FITC in Kodiak with future plans for the community. The University was committed to expanding and utilizing FITC. Mayor Selby announced that the KHS Citizens Advisory Committee would meet the week of March 8; the names of the individuals appointed to serve on the committee were announced. UNFINISHED BUSINESS None. Kodiak Island Borough Assembly Minutes March 3, 2011 Page 888 NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2011 -19 Supporting the Alaska Municipal League's Resolution to Amend the Alaska Coastal Management Program and Extend the Program Sunset Date. This item was approved under the consent agenda. The Alaska Coastal Management Program (ACMP) would sunset on June 1, 2011. This program had served the Borough well in the past when oil and gas exploration was occurring off Kodiak's shore. Under the plan, the local governments' "consistency provision" provided a mechanism where fishermen and the oil companies were able to sit down and develop a plan to allow exploration without impacting fishing seasons and fishing gear. The plan was also cited when a floating incinerator was contemplated to be located in Viekoda Bay to incinerate absorbent materials that were collected as part of the massive cleanup effort during the Exxon Valdez Oil Spill. The program played a lesser role under the Murkowski administration. The program was centralized and a number of important components (enforceable policies and consistency review) were taken away from local governments and moved to the Governor's office and the Department of Natural Resources. Also, large scaled projects or further exploration off the coast had not occurred, but exploration would again occur and on -shore support facilities would be needed. With the suggested amendments, the ACMP would again guarantee Kodiak a key seat at the table in any major development and a key voice when coordinating comments on projects with state and federal government agencies. This resolution extended the sunset date of the program, restructured the program to return authority to local government, recreated a coastal policy board, and returned authority to resource agencies in an effort to promote responsible development while protecting Kodiak's coastal resources. 2. Resolution No. FY2011 -20 Adopting a 2011 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. KAPLAN moved to adopt Resolution No. FY2011 -20. As a regional government, the Kodiak Island Borough represented the communities of the Kodiak Island Archipelago. These communities included the City of Kodiak, City of Akhiok, City of Larsen Bay, City of Old Harbor, City of Ouzinkie, City of Port Lions, and the community of Karluk. In these communities there were improvements and infrastructure that included docks, airports, community utilities, and facilities. Project needs were indentified and prioritized by each community and forwarded to the Kodiak Island Borough by resolution for inclusion into a 2011 State Legislative Capital Improvement Projects Priority List to be sent to the governor and state legislative delegation. Kodiak Island Borough Assembly Minutes March 3, 2011 Page 889 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Austerman, and Friend. 3. Resolution No. FY2011 -21 Requesting the Alaska State Legislature Fully Fund the Energy Rebate Program. JEFFREY moved to adopt Resolution No. FY2011 -21. To help combat the escalating energy costs, the Alaska Legislature created the Home Energy Rebate program dedicated to making Alaska's homes more energy efficient. The Rebate program helped Alaska residents, especially those in rural areas, save money through lower fuel bills by reducing the need to depend upon foreign oil to generate electricity, heat homes, and fuel vehicles, and also put money back into the local and statewide economies by creating job opportunities. Rural Alaska residents, already paying some of the highest energy bills in the nation, would benefit in many ways from their own allocated funding stream, separate from that of the road system residents. Assembly member Friend asked to be excused from the vote due to his involvement as an energy rater in Kodiak. Mayor Selby excused Assembly member Friend from voting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Austerman, and Fulp. 4. Resolution No. FY2011 -22 Supporting the Implementation of Lake Fertilization of Karluk, Frazer, and Spiridon Lakes by the Kodiak Regional Aquaculture Association as a Salmon Rehabilitation and Enhancement Method. KAPLAN moved to adopt Resolution No. FY2011 -22. This resolution was requested by the Kodiak Regional Aquaculture Association. A number of Kodiak Archipelago lakes which had historically been major sockeye salmon producers were currently in a depressed state of production among those systems. The depressed sockeye production of these lakes had a devastating effect on Kodiak's west side and south end salmon fisheries and a negative impact on the Borough economy and the five villages in the area. Karluk, Frazer, and Spiridon lakes were identified as having strong potential for substantially increased sockeye salmon production if lake fertilization projects were initiated. Through the Kodiak Regional Aquaculture Association (KRAA), Kodiak Management Area salmon fishermen committed significant funding to lake fertilization to restore these fisheries. Lake fertilization projects contributed to sustainable fisheries and economic development that would directly benefit Kodiak sport, subsistence, and commercial fishermen, seafood processors, and the Borough government, which received raw fish tax revenues Local government support was a key factor in the State Legislature's consideration of support and potential funding for local projects and the Borough had a history of providing Kodiak Island Borough Assembly Minutes March 3, 2011 Page 890 support and funding for fisheries development, and specifically for fertilization of Karluk and Frazer lakes. KRAA Operations Manager Gary Byrne provided background information regarding the lake enrichment project. Mayor Selby reported that the resolution had been provided to the Alaska Department of Fish and Game for review and approval. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Austerman, Friend, Fulp, and Jeffrey. Ordinances for Introduction 1. Ordinance No. FY2011 -12 Amending Title 3 Revenue and Finance Chapter 3.35 Real Property Tax Section 3.35.050 Board of Equalization. JEFFREY moved to adopt Ordinance No. FY2011 -12 in first reading to advance to public hearing at the next regular meeting of the Assembly. KIBC Section 3.35.050 had not been updated since 1978 except fora minor revision in 1998 which dealt with member appointments. It was in the best interests of the Borough to amend this section to provide clear and better guidance for appellants regarding the Board of Equalization (BOE) appeals. The proposed changes also set better standards and established better processes for the BOE hearings. The proposed changes were derived from current practices being used by other municipalities in the State. The BOE convened on Tuesday, February 15, 2011, and reviewed and revised the initial draft prepared by staff. The ordinance was approved by BOE and was reviewed by the Borough Attorney for legal compliance. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Austerman, Friend, Fulp, Jeffrey, and Kaplan. Other Items 1. Declaring a Seat on the Architectural /Engineering Review Board Vacant. This item was approved under the consent agenda. On February 1, 2011, Mr. Peter Malley submitted a notice of resignation from the Architectural /Engineering Review Board (ARB). The Assembly accepted, with regret, the resignation of Mr. Malley from the ARB for a term to expire December 2011, and directed the Borough Clerk to advertise the vacancy per Borough Code. 2. Confirmation of the Assembly Appointment to the Monashka Bay Road Service Area Board. STUTES moved to confirm the Assembly appointment of Mr. Thomas Lance to a vacant seat on the Monashka Bay Road Service Area Board for a term to expire October 2013. Kodiak Island Borough Assembly Minutes March 3, 2011 Page 891 Three of the five seats on the Monashka Bay Road Service Area Board (MBSA) were vacant. On February 24, 2011, an application was received from Mr. Thomas Lance for the vacant seat for a term to expire 2013. Mr. Lance attended the MBSA work session of February 10, 2011, and indicated his desire to serve on the board and his intention was included in the work session notes. MBSA Chairperson Darlene Turner was contacted and provided Mr. Lance's application and it was her recommendation to forward the application to the Assembly for appointment to the board, thus fulfilling the requirements of KIBC 4.15.040. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Friend, Fulp, Jeffrey, Kaplan, and Lynch. CITIZENS' COMMENTS Chris Berns and Rick Berns thanked the Assembly for its support on Resolution No. FY2011 -22. Duncan Fields thanked Assembly member Jeffrey for reporting on the KFAC, spoke in support of Resolution No. FY2011 -22, and spoke in support of a joint fisheries representative. Iver Malutin spoke on past Borough land acquisitions and on past Karluk lake enrichment efforts. ASSEMBLY MEMBER COMMENTS Assembly members congratulated Eddie Arellano, recipient of the Employee of Year award and the 2010 Employee of the Quarter award recipients, and thanked Sonia Sorto for accepting the National Women's History Month proclamation on behalf of the Kodiak Women's Resource and Crisis Center. Assembly member Stutes expressed condolences to the family of Mr. Tom Quick. She urged the community to utilize the landfill facilities, encouraged public comments during the upcoming public hearing for the roll cart expansion areas, and urged the Assembly to utilize the Solid Waste Advisory Board when considering transfer stations. Assembly member Jeffrey discussed the benefits of the landfill, asked the Assembly to consider moving the upcoming public hearing on the roll cart expansion areas to the April 7 regular meeting to accommodate those who would be traveling for spring break, spoke on upcoming local events to support efforts on behalf of the women of the Congo, and thanked GCI for broadcasting the assembly meetings. Assembly member Fulp encouraged the public to consider that funding for the Baranof Park Improvements and Kodiak High School Renovation projects would affect the entire community since these two locations were used community -wide for various events throughout the year. Kodiak Island Borough Assembly Minutes March 3, 2011 Page 892 Assembly member Austerman thanked Gary Byrne for the lake enrichment project presentation provided at the February 24 work session. Announcements Mayor Selby announced that he and members of the Assembly would be traveling to Juneau to attend the Joint Legislative Reception on Wednesday, March 9, 2011. The Assembly work session scheduled for Thursday, March 10, 2011, was rescheduled to Tuesday, March 15, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly was scheduled on Thursday, March 17, 2011. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. The meeting was adjourned at 8:53 p.m. KODIAK ISLAND BOROUGH a 114 .. ATTEST: Je'ome M. Selby •r Nova M. Javier:MMC borough Clerk Approved: April 7, 2011 Kodiak Island Borough Assembly Minutes March 3, 2011 Page 893