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05/20/2004 RMA regular meeting of the Kodiak Island Borough Assembly was held May 20, 2004 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Gabrielle LeDoux, Assemblymembers Tom Abell, Tuck Bonney, Pat Branson, Robin Heinrichs, Cecil Ranney, Wayne Stevens, and Nancy Wells. Staff present were Administrative Official Bud Cassidy, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. APPROVAL OF AGENDA HEINRICHS moved to approve the agenda, seconded by BRANSON VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Special Meeting of April 29 and Regular Meeting of May 6, 2004. BONNEY moved to approve the minutes as submitted, seconded by BRANSON VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS A. Student of the Month Award Mayor LeDoux presented the Kodiak Island Borough Student of the Month Award for May 2004 to Ellamae Fernandez, a senior at Kodiak High School. Ellamae accepted the award. CITIZENS' COMMENTS KODIAK ISLAND BOROUGH Regular Assembly Meeting May 20, 2004 Jav Johnston asked if the pool was threatened with closure because of the operation costs. Assemblymember Bonney said the existing pool required major and costly repairs that needed community- minded discussion with the city and school district. Assemblymember Heinrichs said the Bond Committee would meet again soon to discuss the pool. Kodiak Island Borough Volume XXIX May 20, 2004 Page 45 Assemblymember Abell looked forward to discussing the options for the pool and wanted input from community members. Jake Jacobson phoned to say a mill rate increase was not needed because of the new revenues coming from new housing construction. Sarah Thayer phoned to say the Borough should consider cutting services and other funding rather than raising taxes. She urged the Assembly to look at the foreclosure list and foreclose on those who had been on the list for quite some time. She favored keeping the pool open. Dawn Black opposed raising taxes. She said the Planning and Zoning Commission's review of the Code's mobile home chapter was a positive move. COMMITTEE REPORTS Representative Dan Oqq gave a report on work accomplished during the last legislative session. Assemblymember Branson felt fortunate for the successful operation of the Providence Kodiak Island Medical Center. She said other municipalities had problems with their rural hospitals. In response to Assemblymember Stevens' request for an update on the current pursuits of the Alaska Municipal League, Mayor LeDoux said she would prepare a report to present to the Assembly. PUBLIC HEARING A. Resolution No. 2004 -14 Establishing the Minimum Amount of Funds to Be Made Available From Local Sources for the Kodiak Island Borough School District for the Fiscal Year Beginning July 1, 2004 and Ending June 30, 2005. STEVENS moved to adopt Resolution No. 2004 -14, seconded by HEINRICHS Administrative Official Cassidy said the School Board submitted their budget on April 30, 2004. Per Borough Code, the Assembly determines the total funds to be made available from local sources for school purposes and furnishthe School Board with a statement of the sum to be made available. Mayor Ledoux opened the public hearing; hearing and seeing none, she reconvened the regular meeting. Assemblymember Heinrichs spoke to issues raised by Assemblymember Wells. HEINRICHS moved to amend Resolution No. 2004 -14 by deleting the fourth and fifth whereas, and by rewording the second NOW, THEREFORE, BE IT FURTHER RESOLVED from: "federal and state funding" to: "federal, state, and local funding" seconded by STEVENS Kodiak Island Borough Volume XXIX May 20, 2004 Page 46 Assemblymember Heinrichs felt the fourth and fifth whereas were being addressed and that the language in the NOW, THEREFORE, BE IT FURTHER RESOLVED should include local funding. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Bonney, Branson, Heinrichs, Ranney, Stevens, Wells Assemblymember Stevens wanted the public to be aware that $8 Million, which is 80 Percent of the Borough's budget, went directly to the School District. ROLL CALL VOTE ON MOTION TO ADOPT AS AMENDED CARRIED UNANIMOUSLY: Bonney, Branson, Heinrichs, Ranney, Stevens, Wells, Abell B. Ordinance No. 2004 -08 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.12 Appropriation and Levy Section 3.12.025 Maximum Allowable Tax Revenues. STEVENS moved to adopt Ordinance No. 2004 -08, seconded by HEINRICHS Administrative Official Cassidy said this allowed an increase in the mill rate if needed. Mayor Ledoux opened the public hearing; hearing and seeing none, she reconvened the regular meeting. Assemblymember Bonney said this should be left in the code as a good check and balance. Assemblymember Wells said this was brought forward to public hearing to have all options available to the Assembly. Assemblymember Ranney said this was not really a tax cap as the law was in place for more than two years and the code could be amended to increase the mil rate. He favored deleting it from the code. ROLL CALL VOTE ON MOTION FAILED: No votes: Bonney, Branson, Heinrichs, and Wells; Yes votes: Abell, Ranney, and Stevens C. Ordinance No. 2004 -09 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.17 Rules of the Assembly Section 2.17.030 Types of Meetings. WELLS moved to adopt Ordinance No. 2004 -09, seconded by BRANSON Clerk Nielsen said this would amend the code to allow for citizens comments at special meetings as provided by Alaska Statutes. Mayor Ledoux opened the public hearing; hearing and seeing none, she reconvened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Heinrichs, Ranney, Stevens, Wells, Abell, Bonney, Branson Kodiak Island Borough Volume XXIX May 20, 2004 Page 47 BOROUGH MANAGER'S REPORT Administrative Official Cassidy said May was a tough month for parents like himself who had a graduating senior. MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux said it was a wise decision to keep the tax cap in place. She wanted discussion on the investment policy of the Shuyak Fund. UNFINISHED BUSINESS - None. NEW BUSINESS A. CONTRACTS - None. B. RESOLUTIONS 1. Resolution No. 2004 -15 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. HEINRICHS moved to adopt Resolution No. 2004 -15, seconded by BRANSON Clerk Nielsen said these records met retention requirements and were reviewed by department heads and the Borough attorney. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stevens, Wells, Abell, Bonney, Branson, Heinrichs After a fifteen minute recess; Mayor LeDoux reconvened the meeting at 8:35 p.m. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2004 -10 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2004 and Ending on the Thirtieth Day of June 2005 (2005 Fiscal Year Budget.) BONNEY moved to adopt Ordinance No. 2004 -10 in first reading to advance to public hearing on June 3, 2004, seconded by BRANSON Administrative Official Cassidy said the Ordinance included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise Funds and levied tax on real and personal property in the borough and natural resources extracted and removed from the Borough. Assemblymember Bonney said it was not easy to discuss the budget and he was uncomfortable operating a budget with a fund balance of $600,000. He said a long term plan should be explored. Kodiak Island Borough Volume XXIX May 20, 2004 Page 48 Assemblymember Stevens hoped for prudent discussion from the public. Assemblymember Wells agreed to look at a long -range plan and for some alternate funding sources. Assemblymember Branson was concerned about operating with a low fund balance that might affect the Borough's financial rating. She encouraged the public to attend the next regular meeting. Assemblymember Abell said there would be a guaranteed mil rate increase because of the passage of the bond propositions. Mayor LeDoux opposed raising taxes and said $600,000 in the fund balance was sufficient. Assemblymember Stevens said raising taxes was a part of the whole discussion. Assemblymember Bonney said the community should be financially responsible and ignoring the issues by not raising taxes was an easy way out. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stevens, Wells, Abell, Bonney, Branson, Heinrichs, Ranney 2. Ordinance No. 2004 -11 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance - Management and Accounting Section 3.04.051 Facilities Fund. ABELL moved to adopt Ordinance No. 2004 -11 in first reading to advance to public hearing on June 3, 2004, seconded by HEINRICHS Administrative Official Cassidy said this ordinance would amend the code to allow all excess income from the Facilities Fund to be utilized. Assemblymember Abell requested the Ordinance to allow the Assembly to utilize the excess interest without using the principal. Assemblymember Bonney agreed with Assemblymember Abell to place this on the table as an option in the budget process. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Wells, Abell, Bonney, Branson, Heinrichs, Ranney, Stevens 3. Ordinance No. 2004 -12 Authorizing the Borough to Issue General Obligation School Bonds, 2004 Series A in the Principal Amount of Not to Exceed $9,950,000 to Provide Funds for School and Related Capital Improvements in the Borough and to Pay Costs of Issuing the Bonds, Fixing Certain Details of Such Bonds, Authorizing Their Sale, and Providing for Related Matters. HEINRICHS moved to adopt Ordinance No. 2004 -12 in first reading to advance to public hearing on June 3, 2004, seconded by BRANSON Kodiak Island Borough May 20, 2004 Volume XXIX Page 49 Administrative Official Cassidy said this ordinance would provide for the bonds to be sold. In response to Mayor LeDoux, he said staff anticipated an interest rate of approximately four percent. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Bonney, Branson, Heinrichs, Ranney, Stevens, Wells D. OTHER ITEMS 1. Appointments to the Monashka Bay Road Service Area Board. Mayor LeDoux announced there were two vacant seats, one with a term to expire in 2004 and one to expire in 2006. The Service Area Board submitted its nominations as follows: Andrew Devries to fill the 2004 term and Bruce McNeil to fill the 2006 term. HEINRICHS moved to appoint Andrew Devries a seat on the Monashka Bay Road Service Area Board for a term to expire October 2004, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Stevens, Wells, Abell, Bonney, Branson, Heinrichs BRANSON moved to appoint Bruce McNeil to a seat on the Monashka Bay Road Service Area Board for a term to expire October 2006, seconded by HEINRICHS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Branson, Heinrichs, Ranney, Stevens, Wells, Abell 2. Vacation and Replat of Lots 9B, 10B -1, and 10B -2, Creating Lot 10C, United States Survey 3009. (P &Z Case SO4 -004) HEINRICHS moved to grant the vacation and replat of Lots 9B, 10B -1, and 10B- 2, creating lot 10C, United States survey 3009, seconded by BRANSON Administrative Official Cassidy said the KIB Planning and Zoning Commission approved the referenced utility easement vacation and replat after a public hearing on April 21, 2004. He said the Assembly should review this vacation request in accordance with KIBC 16.60.060. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Heinrichs, Ranney, Stevens, Wells, Abell, Bonney CITIZEN COMMENTS Mary Holden appreciated the budget debate. She favored raising taxes to keep the quality of life and education in Kodiak. Sarah Thayer phoned reminding people to utilize the pool on the Coast Guard Base. She said raising taxes was the easy way out. Kodiak Island Borough May 20, 2004 Volume XXIX Page 50 Dawn Black opposed the idea of constructing a new pool and opposed a tax raise. ASSEMBLYMEMBER COMMENTS Assemblymember Abell said the base pool was becoming less and less available to the public and the lack of maintenance of the High School pool could not be ignored. He looked forward to the development of the bike park and thanked the volunteers and those who donated financially to this project. Assemblymember Wells said Kodiak needed a pool and asked for community input. She said the operation and repair costs were important to review. She congratulated the graduating seniors and their families. She wished everyone a fun time during Crab Festival. Assemblymember Stevens congratulated the Student of the Month. He was glad to see Manager Carlson in the audience. He wished Wallace Fields a speedy recovery. He congratulated Mr. McNeil and Mr. Devries for their appointments to the Monashka Bay Road Service Area Board. Assemblymember Heinrichs congratulated the Student of the Month and the graduating class of 2004 for their accomplishments. He wished everyone a happy Memorial Day weekend. Assemblymember Branson congratulated the Student of the Month. She thanked Mr. Cassidy for putting in the extra time serving as administrative official. Mayor LeDoux announced the Assembly work session scheduled for Thursday, May 27 was rescheduled to Tuesday, May 25 at 7:00 p.m. in the Borough conference room. The joint Assembly /City Council work session scheduled for Wednesday, May 26 was rescheduled to Wednesday, June 30 in the Borough conference room. The Assembly would meet in a regular meeting on Thursday, June 3 at 7:30 p.m. in the assembly chambers. The Kodiak Island Borough offices would be closed on Monday, May 31, 2004 in observance of Memorial Day. ADJOURNMENT With no objection, the mayor adjourned the meeting at 9:25 p.m. ATTEST: yu uit t Q. dith A. Niels n, CMC, Borough Clerk Approved: 06/03/2004 gkya 1(/:1 Gabrielle LeDoux, 1 ayor Kodiak Island Borough Volume XXIX May 20, 2004 Page 51