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