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06/04/2015 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting June 4, 2015 A regular meeting of the Kodiak Island Borough Assembly was held on June 4, 2015, 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 Major Michael Bates of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Carol Austerman, Aaron Griffin, Larry LeDoux, Chris Lynch, Frank Peterson, and Dan Rohrer. Also present were Borough Manager Bud Cassidy, Deputy Clerk Jessica Kilborn, and Assistant Clerk Angela MacKenzie. ROHRER moved to excuse Assembly member Rebecca Skinner who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA PETERSON moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None, AWARDS AND PRESENTATIONS Mayor Friend proclaimed the month of June 2015 as Filipino American Heritage Month urging all citizens to participate in the festivities celebrating the rich heritage and traditions of the Philippine Islands. CITIZENS' COMMENTS Judi Kidder, Candy Olzos, Barbara Cobban, Tim Shaplin, Darius_Kasprzak, David Masinter, Costas Giannopoulos spoke to the impending closure of the Jackson's Mobile Home Park. David Masinter thanked the Assembly and community members who attended the Veteran's service on Memorial Day at the VFW. Lorna Arndt spoke to overflowing dumpsters and trash being left on the ground in the Island Lake Area. Kodiak island Borough Assembly Regular Meeting Minutes June 40 2015 Page 1511 COMMITTEE REPORTS Assembly member Lynch reported on the Kodiak Fisheries Work Group (KFWG) meeting of May 27 and announced KFWG was planning on holding another Community Forum sometime in September 2015. She also announced that the trawl closure letters were being presented at the North Pacific Fishery Management Council (NPFMC) meetings the current week of June 4. PUBLIC HEARING A. Ordinance No. FY2015-10 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.35 Real Property Tax. The motion before the Assembly was to adopt Ordinance No. FY2015-10 as amended. Further amendments were made to the ordinance at the May 28 work session and a public hearing was necessary on the second substituted version. The ordinance would align foreclosure sections of the Borough code, specifically 3.35.160 Foreclosures (renamed), with Alaska State Statues and repeal others, 3.35.170 Publication of the foreclosure list through 3.35.260 Deed to borough, in favor of the established State Statues processes. It would also clarify delivery requirements for tax payments. The proposed ordinance would also clarify the definition of"mobile home, and, when the mobile home resided on rented property, it would be assigned the identity of responsible parties for ownership updates to the Borough in order to facilitate tax collections. It also reaffirmed that delinquent taxes on mobile homes could be collected by a personal action suit against the owner. The ordinance would specify any Board of Equalization appeals were to be filed in the Third Judicial District, Kodiak, Alaska. The ordinance would also update any staff titles from Treasurer to Finance Director that were mentioned within Borough Code sections 3.35.010-3.35.160. On May 7, 2015, the ordinance was postponed to the next regular meeting of the Assembly. A revised substituted version was attached in the packet proposing removal of the wording on lines 155-158 that stated "if this information is not received by the assessor by February 1, all mobile homes, structures and fixtures situated on the land shall be assessed to the land owner unless the borough otherwise confirms ownership by another owner of record." Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Austerman, Griffin, LeDoux, Lynch, Peterson, and Rohrer. Kodiak Island Borough Assembly Regular Meeting Minutes June 4, 2015 Page 1512 B. Ordinance No. FY2016-01 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 Commending on the First Day of July 2015 and Ending on the Thirtieth Day of June 2016 (Fiscal Year 2016 Budget). LYNCH moved to adopt Ordinance No. FY2016-01. The ordinance budgets for the FY2016 Revenues and Expenditures for the General Fund, Special Revenue Funds, Debt Service Funds, and Enterprise Funds. The ordinance would also add multi-year projects to the capital project funds. The ordinance would set FY2016 mill rates and would set the tax rates for commercial aircraft. ROHRER moved to amend Ordinance No. FY2016-01 by substitution. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Lynch, Peterson, Rohrer, and Austerman. PETERSON moved to further amend Ordinance No. FY2016-01 by increasing the use of Fund Balance and transfers out (to Education Support Fund) in the General Fund by $345,600 and to increase the Transfers in (General Fund) and Operating transfers out (KIBSD) by $345,600 in the Education Support Fund. ROLL CALL VOTE ON MOTION TO FURTHER AMEND CARRIED FIVE TO ONE: LeDoux, Lynch, Peterson, Austerman, and Griffin (Ayes); Rohrer(No). ROHRER moved to further amend by reducing one staff member in the Manager's Office (pg. 7 $125,000), reducing Legal Services (pg. 11 $20,000), removing Economic Development Summit (pg. 24 $25,000), removing contract services in Parks and Recreation (pg. 28 $100,000), and reducing funding to Kodiak College (pg. 39 $30,000) for total reductions of$300,000. ROLL CALL VOTE ON MOTION TO FURTHER AMEND FAILED FIVE TO ONE: Lynch, Peterson, Austerman, Griffin, LeDoux (Noes); Rohrer(Aye). Mayor Friend opened the public hearing. Timothy Shaplin spoke in support of a lower funding contribution to the Kodiak Island Borough School District (KIBSD). Judi Kidder advocated to let the Community get involved and have ownership with the Borough Parks program as an effort to reduce funding for the Borough budget. KIBSD Board of Education President Katie Oliver expressed gratitude for the Borough's contributions to the School District. Kodiak Island Borough Assembly Regular Meeting Minutes June 4, 2015 Page 1513 Scott Arndt spoke in favor of the 8.25 mils funding to the School District. Alan Schmitt and ale Crow thanked the Assembly for its diligent efforts with the budget. Lenny Roberson spoke in favor of the amendment presented by Assembly member Rohrer. Mayor Friend closed the public hearing. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED FIVE TO ONE: Peterson, Austerman, Griffin, LeDoux, Lynch (Ayes); Rohrer(No). BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Thanked the Finance Department staff for the efforts on the budget MESSAGES FROM THE BOROUGH MAYOR Mayor Friend reported on the following: • Thanked the Finance Department and the Assembly members for the due diligence on the budget • Noted that the intention was to continue working on the budget throughout the year UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2015-31 Island Lake Trail Improvements. PETERSON moved to authorize the Manager to execute Contract No. FY2015-31 with Island Trails Network of Kodiak, AK for the Island Lake Trail Improvements in the amount not to exceed $40,000. In 2006 the Borough was awarded a grant by the State of Alaska for $48,000, in order to carry out trail improvements to the Island Lake Trail. Those funds were never used on the Trail and the allocation had been continually extended, currently to June 2016. The grant funds remaining were $43,459, the contract was capped at $40,000 to allow for staff time and some contingency funding. The Island Lake Trail was a heavily used trail and was in much need of some care and attention. Some areas of the trail were near to falling in the creek, the foot bridges needed attention, some brush cutting was needed, and trail widening was required. The Borough issued a Request for Proposal (RFP) to use grant funds to repair and improve the Trail. Kodiak Island Borough Assembly Regular Meeting Minutes June 4, 2015 Page 1514 Only one bidder responded to the RFP, Island Trails Network (ITN). The Borough was confident it could work with ITN to carry out the necessary improvements. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Austerman, Griffin, LeDoux, Lynch, and Peterson. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2015-03 Rezoning Lot 2, Block 3, Lakeside Subdivision From I-Industrial Zoning District To LI-Light Industrial Zoning District (P&Z Case No. 14-018, Pearman.) LYNCH moved to adopt Ordinance No. FY2015-03 in first reading to advance to public hearing at the next regular meeting of the Assembly. The rezone was first introduced to the Assembly at its October 2, 2014 regular meeting, at which time it was postponed indefinitely. On May 19, 2015, the applicant submitted a request that the Ordinance be reintroduced to the Assembly at its June 4 regular meeting. The rezone request was initiated by the applicant to reduce setback constraints and improve the utility of development of the parcel. The rezone to Light Industrial would also restrict the parcel to less intensive uses that were more compatible with the nearby residentially zoned properties. The Planning and Zoning Commission held a public hearing on June 18, 2014 and found the request was consistent with the goals and objectives of the 2008 KIB Comprehensive Plan. The Commission voted unanimously to recommend the Assembly approve the rezone request. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Griffin, LeDoux, Lynch, Peterson, and Rohrer. Other Items None. CITIZENS' COMMENTS Judi Kidder spoke to Contract No. FY2015-31, broadening the tax base for budgetary purposes, and spoke to the impending closure of the Jackson's Mobile Home Park. Tim Shaolin spoke in support of broadening the tax base. David Masinter spoke to the loss of community families due to displacement, which would affect community contributions for funding of the schools. Kodiak Island Borough Assembly Regular Meeting Minutes June 4, 2015 Page 1515 Scott Arndt thanked the Assembly for its efforts on the budget and expressed disappointment to see so much of the fund balance being spent. ASSEMBLY MEMBERS' COMMENTS Assembly member Lynch suggested posting "area wide powers" on the website and spoke to the need to keep Borough facilities in good repair. Assembly member LeDoux acknowledged the hardship the community faced due to displacement and suggested a collaborative community effort to find solutions, validated these are tough times, and urged everyone to exercise caution. He also reported on his visit to Old Harbor to attend the Leadership Summit held on May 26. Assembly member Austerman thanked staff for their work on the budget and she announced her resignation effective on June 30, 2015. Assembly member Rohrer talked about education on the budget. Assembly member Peterson thanked the Assembly and expressed concern over the impending closure of the Jackson's Mobile Home Park. Assembly member Griffin expressed gratitude to the assembly for going through the budget so thoroughly and expressed gratitude to Assembly member Austerman for her service to the community. Announcements The next Assembly work session would be held on Thursday, June 11 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, June 18 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL. VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Lynch, Peterson, Rohrer, and Austerman. The meeting was adjourned at 9:29 p.m. KODIA ISLA D ROUGH A EST: J r of Friend, ayor Nova M. Javier, MMC, Bo ugh Clerk Approved on: July 2, 2015 Kodiak Island Borough Assembly Regular Meeting Minutes June 4, 2015 Page 1516