05/15/2008 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
May 15, 2008
A regular meeting of the Kodiak Island Borough Assembly was held May 15, 2008 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 Tom Abell, Pat Branson, Jerrol Friend,
Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were
Manager Rick Gifford, Finance Director Karl Short, Engineering and Facilities Director Woody
Koning, Deputy Clerk Marylynn McFarland, and Assistant Clerk Jessica Kilborn.
APPROVAL OF AGENDA AND CONSENT AGENDA
BRANSON moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
A. Special meeting minutes of April 24, 2008 were approved under the consent agenda.
AWARDS AND PRESENTATIONS
Manager Gifford presented the Employee of the Quarter Award to Marylynn McFarland, Deputy
Clerk in the Borough Clerk's Office.
Mayor Selby proclaimed the Week of May 18 through May 24, 2008 as Emergency Medical
Services Week with the theme "Extraordinary People and Extraordinary Service" encouraging
the community to observe this week with appropriate programs, ceremonies, and activities.
Mayor Selby presented the May Student of the Month Award to Maya Edgerly, a senior at
Kodiak High School.
CITIZENS' COMMENTS
Shawn Dochtermann spoke in support of the crews and families being affected by crab
rationalizations.
Jake Jacobson thanked the Assembly for its hard work and spoke in support of a resolution for
the Assembly's legal fees.
Ed Mahoney spoke in favor of Resolution FY2008 -34.
COMMITTEE REPORTS
Trevor Brown, Kodiak Chamber of Commerce Representative, gave an annual economic
development report of the Kodiak area.
Janet Buckingham, Kodiak Island Convention and Visitor's Bureau (KICVB) Director, gave an
annual report on the KICVB budget and future tourism goals for Kodiak.
Kodiak Island Borough Assembly Minutes
May 15, 2008 Page 545
PUBLIC HEARING
A. Resolution No. FY2008 -36 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, 2008 and Ending June 30, 2009.
JEFFREY moved to adopt Resolution No. FY2008 -36.
The Kodiak Island Borough School District Board submitted its budget on April 30, 2008. Per
Borough Code, the Assembly determines the total amount of money to be made available from
local sources for school purposes and shall furnish the School Board with a statement
(resolution) of the sum to be made available.
Mayor Selby opened the public hearing.
Mike Hinmon, Akhiok School Teacher, stated that the school had not been given information on
the KIBSD budget for the public hearing. He commented that Akhiok teachers are concerned
with the lack of funds for athletic activities for Akhiok students to travel to various parts of the
island for sporting events. It was also suggested to increase the school district travel budget. He
reported that the number of students for Akhiok School has increased.
Mayor Selby closed the public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt,
Stutes, Abell, and Branson.
BOROUGH MANAGER'S REPORT
Manager Gifford reported the following:
• Chief Himes of the Bayside Fire Department extended an invitation for all to visit the
EMS booth at the Crab Festival which will be manned by the local fire departments.
Chief Himes is also working with the City of Karluk to provide them with emergency
response equipment.
• KIB will close the Anton Larsen boat ramp for reconstruction, May 19 -June 14. The
floating dock will not be affected.
• Updates from Ken Smith, EF Project Manager, on the current Capital projects were
provided to the Assembly. Manager Gifford commented that eight FEMA grant
applications were submitted to Homeland Security for school projects; seven of the
grants have been awarded. He congratulated staff members on their efforts.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Selby gave the following commendations:
• Kodiak Chamber of Commerce for 50 years of the Kodiak Crab Festival. He encouraged
participation by the community for the 50 year anniversary celebration of the Crab Fest
for 2008.
• Manager Rick Gifford, Community Development Director Bud Cassidy and
Engineering /Facilities Director Woody Koning for the awarding of grant funds for school
projects, especially those for the seismic vulnerability of local schools.
Kodiak Island Borough Assembly Minutes
May 15, 2008 Page 546
UNFINISHED BUSINESS
A. Mayoral Veto of Resolution No. FY2008 -34 Paying the Legal Fees Incurred by Defendants
Kodiak Island Borough, Kodiak Island Borough Assembly, Assembly Members Tom Abell,
Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes, and
Mayor Jerome Selby, Each in His or Her Official Capacity, in the Lawsuit Stephens Vs.
Kodiak Island Borough, Et Al, Alaska Superior Court Case No. 3K0 -07 -266 Cl.
ABELL moved to override the mayoral veto on Resolution No. FY2008 -34.
Mayor Selby submitted a memo dated May 6, 2008 vetoing Resolution No. FY2008 -34 and
referred to KIBC 2.15.060 Veto.
Assembly discussion ensued on the lawsuit and mayoral veto.
ROLL CALL VOTE ON MOTION FAILED DUE TO LACK OF VOTE FROM AUTHORIZED
MEMBERSHIP (2/3) OF THE ASSEMBLY: Jeffrey, Lynch, and Branson (Noes); Oswalt, Stutes,
Abell, and Friend (Ayes).
The Mayoral veto stands and official record will reflect that Resolution No. FY2008 -34 failed by
veto.
NEW BUSINESS
Contracts — None.
Resolutions
A. Resolution No. FY2008 -35 Urging the Alaska State Legislature to Amend AS 39.50 so that
Disclosure Requirements are More Appropriate for Municipal Appointed Officers.
FRIEND moved to adopt Resolution No. FY2008 -35.
Many of the disclosure provisions, based on the amendments to Alaska Statutes 39.50
becoming effective in 2008 as well as the 2008 Financial Disclosure Statement form, impose
extensive record keeping requirements, are intrusive, have become unduly burdensome, and
may require financial disclosures regarding dependent and non - dependent children and other
parties of municipal officers and candidates for elective office.
Municipalities typically have difficulties finding candidates to serve in appointed positions and
these new financial reporting requirements will make finding qualified candidates even more
difficult.
This resolution urges the Alaska State Legislature to amend AS Chapter 39.50 to make the
APOC disclosure requirements for appointed municipal officers Tess invasive.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell,
Branson, Friend, and Jeffrey.
Ordinances for Introduction
A. Ordinance No. FY2009 -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 Commencing on the First Day of July 2008 and Ending on the Thirtieth Day
of June 2009 (Fiscal Year 2009 Budget.)
Kodiak Island Borough Assembly Minutes
May 15, 2008 Page 547
BRANSON moved to adopt Ordinance No. FY2009 -01 in first reading to advance to public
hearing on June 5, 2008.
The ordinance was for fiscal year 2009 and included funds to be spent in the General Fund,
Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise Funds.
This ordinance would also levy taxes on the real and personal property within the Borough as
well as upon natural resources extracted and removed from the Borough.
Borough Finance Director Karl Short, presented a PowerPoint presentation of the FY2009
budget. He noted to the Assembly that the budget did not include capital projects or the KIBSD
budget. Engineering /Facilities Director Woody Koning provided the presentation on the Capital
Projects budget. These projects included school seismic upgrades, other school projects, and
the Kodiak Community Health Clinic.
Assembly discussion ensued.
Manager Gifford responded to questions from Assembly member Oswalt relating to the future
Solid Waste plan, commenting that staff were awaiting the results of the A -Z Study by Bell &
Associates.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson,
Friend, Jeffrey, and Lynch.
B. Ordinance No. FY2008 -20 Adding a Ballot Question at the Next Regular Municipal Election
to be Held on October 7, 2008 on Whether to Exempt Municipal Officers and Candidates for
Elective Office from the State of Alaska Public Official Financial Disclosure Law (AS 39.50),
Effective in 2008, and to Require Instead that Municipal Officers and Candidates for Elective
Office Annually and Upon Declaration of Candidacy or Taking Office Fill Out the 2007
Kodiak Island Borough Financial Disclosure Statement Form Used Prior to the AS 39.50
Amendments, and Follow Municipal Conflict of Interest Laws.
JEFFREY moved to adopt Ordinance No. FY2008 -20 in first reading to advance to public
hearing on June 5, 2008.
Many of the disclosure provisions, based on the amendments to Alaska Statutes 39.50
becoming effective in 2008 as well as the 2008 Financial Disclosure Statement form, impose
extensive record keeping requirements, are intrusive, have become unduly burdensome, and
may require financial disclosures regarding dependent and non - dependent children and other
parties of municipal officers and candidates for elective office.
By adopting the ordinance, a question would be added to the October ballot, whether to exempt
municipal officers from the disclosure law per AS 39.50 and instead, municipal officers would
annually fill out a KIB financial disclosure statement which is similar to the form used prior to the
AS 39.50 amendments. A draft copy of this form was provided to the Assembly.
If the proposition is approved by the voters in October 2008, KIB code sections pertaining to
conflict of interest would be amended to include enforcement issues about financial disclosure,
similar to what was adopted by the City of Kodiak.
Kodiak Island Borough Assembly Minutes
May 15, 2008 Page 548
Assembly member Jeffrey clarified for the public's benefit that the Assembly's intent by
approving this ordinance was not to exempt them from disclosing financial information but to
decrease the amount of information the public would have access to. She explained the current
requirements of the APOC forms.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Branson, Friend,
Jeffrey, Lynch, and Oswalt.
Other Items — None.
CITIZENS' COMMENTS
Scott Arndt commented on Resolution FY2008 -34 vetoed by Mayor Selby and encouraged
Assembly members Abell, Oswalt, and Stutes to sue the Borough for payment of their legal
fees.
Mike Milligan thanked the Assembly for its participation throughout the lawsuit process.
Nick Troxell spoke on the Mayoral veto.
Shawn Dochtermann asked for a resolution of the Assembly lawsuit and legal fees. He asked
for Assembly support of the crewman's resolution.
Cheryl Coonrad spoke in favor of payment of the Assembly legal fees.
ASSEMBLY MEMBER COMMENTS
Assembly member Stutes had no comments.
Assembly member Friend had no comments.
Assembly member Abell commended the Clerk's office for a fair and impartial attitude
throughout the lawsuit. He congratulated Marylynn McFarland as Employee of the Quarter.
Assembly member Branson congratulated Marylynn McFarland as Employee of the Quarter and
Maya Edgerly as Student of the Month for May. She commended staff on ensuring that projects
moved forward.
Assembly member Jeffrey congratulated Marylynn McFarland as Employee of the Quarter and
Maya Edgerly as Student of the Month.
Assembly member Oswalt read a fax from Kenneth M. Damm regarding gravel extraction on
residential properties.
Assembly member Lynch congratulated Marylynn McFarland as Employee of the Quarter and
Maya Edgerly as Student of the Month.
Announcements
Mayor Selby announced the Borough offices will be closed on Monday, May 26, 2008 in
observance of the Memorial Day holiday.
The Assembly will meet in a work session on Thursday, May 29, 2008 at 7:30 p.m. in the
Borough Conference Room. The next regular meeting is scheduled on Thursday, June 5, 2008
at 7:30 p.m. in the Assembly Chambers.
Kodiak Island Borough Assembly Minutes
May 15, 2008 Page 549
ADJOURNMENT
BRANSON moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey,
Lynch, Stutes, and Oswalt.
The meeting adjourned at 10:25 p.m.
ATTEST:
KODIAK ISLAND BOROUGH
Jer me M. Selby, Mayor
Nova M. Javier, CMC, Borough Clerk Approved: June 19, 2008
Kodiak Island Borough Assembly Minutes
May 15, 2008 Page 550