11/15/2007 Regular MeetingKODIAK ISLAND BOROUGH
Regular Assembly Meeting
November 15, 2007
A regular meeting of the Kodiak Island Borough Assembly was held November 15, 2007 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.
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, Deputy Clerk Marylynn McFarland, and
Assistant Clerk Jessica Kepley.
APPROVAL OF AGENDA
BRANSON moved to approve the agenda, seconded by JEFFREY.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES — None.
AWARDS AND PRESENTATIONS
A. Student of the Month
Mayor Selby presented the November Student of the Month award to Joel Liwag, a senior at the
Kodiak High School.
CITIZENS' COMMENTS
Don Fox opposed vacating Assembly member Jeffrey's seat. He opined that voters were the
only ones who should be able to remove an elected assembly member.
Mel Stephens supported vacating Assembly member Jeffrey's seat. He spoke against
Ordinance No. FY2008 -11.
Mike Milligan spoke in favor of the Assembly clarifying the ordinance attendance.
COMMITTEE REPORTS
Assembly member Lynch reported the Solid Waste Advisory Board (SWAB) met on
Wednesday, November 14, 2007. Information presented by the Consultants has been very good
and there has been much participation from the public.
Assembly member Branson reported that the Providence Health Service Area Community
Board met at its annual meeting. The Board was looking for volunteers and would be completing
a survey which will be taking place every three years.
Kodiak Island Borough Assembly Minutes
November 15, 2007 Page 481
Assembly member Abell reported SWAMC annual conference would be held on January 31 and
February 1, 2008. An Energy Workshop will be held in conjunction on January 30. He traveled
to Anchorage with KIBSD staff and toured high school facilities as part of the Schools Master
Plan. The KIBSD Administration was trying to come forward with a plan to either renovate the
high school or build a new one.
Assembly member Jeffrey attended the Kodiak College Council meeting. At this time 60 full time
students are enrolled at Kodiak College, which was an increase from the past years. The
College would be presenting a Learn at Lunch program.
PUBLIC HEARING — None.
BOROUGH MANAGER'S REPORT
Manager Gifford reported on the following:
• New Pool Project - Three bids were received for the new swimming pool. Two came in
under the engineers' estimates. Reference checks were in the process of being
completed.
• AML conference — Three important topics discussed were school funding, revenue
sharing, and PERS/TRS programs. At the Managers session, ADOT gave a presentation
regarding federal earmarks.
• North Star Safe Access — Staff has been working with KEA to identify possible sites for
lighting and determining the cost to install. Staff was looking at various funding for the
project.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Selby attended the annual AML conference. He reported many Alaskan communities are
reflecting discontent with ADOT projects that are not being followed through on.
Representatives would meet in Juneau to urge DOT to begin making progress on the projects.
Also discussed were State energy issue and absence of an existing State energy policy to
incorporate energy efficiencies for schools, public organizations, and home owners. Mayor
Selby suggested that the Assembly work with Manager Gifford to come up with local energy
programs.
Mayor Selby noted that information was being gathered to implement into the School Strategic
Master Plan which would assist development of the schools.
Mayor Selby announced the annual KIB Mayors' Conference was scheduled on December 4,
2007. He wished everyone a Happy Thanksgiving.
UNFINISHED BUSINESS
A. Ordinance No. FY2008 -09 Amending Kodiak Island Borough Code of Ordinances
Title 2 Administration and Personnel, Chapter 2.17 Rules of the Assembly,
Section 2.17.020 General Rules to Allow Attendance and Participation at
Meetings by Members of the Assembly by Teleconference.
JEFFREY moved to adopt Ordinance No. FY2008 -09 in first reading to advance to public
hearing on December 6, 2007, seconded by OSWALT.
Kodiak Island Borough Assembly Minutes
November 15, 2007 Page 482
Discussion ensued on present Assembly Chambers equipment which was outdated and
inadequate to facilitate the teleconferencing needs at this time.
JEFFREY moved to postpone the ordinance until the regular meeting of April 3, 2008, seconded
by STUTES.
ROLL CALL VOTE TO POSTPONE THE MOTION CARRIED UNANIMOUSLY: Branson,
Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell.
B. Ordinance No. FY2008 -08 Amending Kodiak Island Borough Code of Ordinances
Title 3 Revenue and Finance Chapter 3.04 Public Finance - Management and
Accounting Section 3.04.020 Permissible Investments Section 3.04.022
Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types
of Instruments the Borough Can Invest in Changing the Investments Allowed in
the Facilities Fund, and Changing Disbursements from the Facilities Fund from a
Percent of Interest Earned to a Percent of Market Value (POMV.)
The motion before the Assembly was to adopt Ordinance No. FY2008 -08.
Manager Gifford reported the ordinance amendment was created to do away with the PMOV
and replace it with appropriation of excess funds.
Assembly members discussed the benefits of having an investment advisor or keeping the
position local. There was general consensus on discussing the matter further and making a
decision at a later date. Assembly member Friend recommended having a full day work session
to go through items one at a time and to receive further information.
FRIEND moved to postpone approval of Ordinance No. FY2008 -08 to the regular meeting of
December 6, 2007, seconded by OSWALT.
ROLL CALL VOTE ON POSTPONEMENT CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch,
Oswalt, Stutes, Abell, and Branson.
NEW BUSINESS
A. CONTRACTS — None.
B. RESOLUTIONS — None.
C. ORDINANCES FOR INTRODUCTION
1. Ordinance No. FY2008 -11 Amending Kodiak Island Borough Code of Ordinances
Title 2 Administration and Personnel, Chapter 2.16 Borough Assembly, Section
2.16.060 Declaring and Filling Vacancies, and Chapter 2.17 Rules of the Assembly,
Section 2.17.070 C Ordinances, Resolutions, and Motions.
BRANSON moved to adopt Ordinance No. FY2008 -11 in first reading to advance to public
hearing on December 6, 2007, seconded by LYNCH.
Manager Gifford clarified the process of declaring vacancies as a result of assembly member
absences.
Kodiak Island Borough Assembly Minutes
November 15, 2007 Page 483
Assembly member Friend reported that he had reviewed regular meeting minutes of 1990 -2003
and discovered that assembly member absences during these times exceeded the codified
missed meeting requirements. He was not in favor of vacating Assembly member Jeffrey's seat.
Assembly member Stutes agreed there was confusion in the code and spoke against the
proposed ordinance.
Assembly member Branson noted that the Assembly met with the attorney to clean up the code
prior to the lawsuit being filed. She supported the proposed ordinance.
Assembly member Abell would like the word "held" changed in the current code.
Assembly member Lynch spoke in favor of the proposed ordinance. She noted that the
Assembly requested this ordinance from the attorney and the decision should be made in the
community's best interest.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Jeffrey, Lynch, Branson, and Friend
(Ayes); Abell, Oswalt and Stutes (Nays). Clerk's note: Assembly member Abell changed his
vote to yes.
D. OTHER ITEMS — None.
CITIZENS' COMMENTS
Mel Stephens spoke in favor of the Assembly postponing Ordinance FY2008 -09 Investment
Fund. He spoke against hiring an investment manager.
Margaret Hall reported that work on the Community Health Center (CHC) solarium had begun.
Mike Milligan did not support privatizing the facilities funds investment.
Lisa Polito spoke in support of addressing the ordinance before vacating an Assembly
member's seat.
Lorna Arndt agreed with Mr. Stephens and did not support the Ordinance.
Scott Griffin agreed there was a problem with the code and spoke against retro activating the
ordinance.
Shawn Dochtermann spoke in favor of excusable absences for Assembly members. He asked
for the status of the crewman's resolution.
ASSEMBLY MEMBER COMMENTS
Assembly member Stutes congratulated Joel Liwag as Student of the Month for November. She
recommended that trash rates be made consistent.
Kodiak Island Borough Assembly Minutes
November 15, 2007 Page 484
Assembly member Friend spoke about the Kodiak Sustainability group. There was a $600
membership for a software program to do a baseline study of the borough owned buildings to
make energy saving improvements with minimal staff time. He suggested a local person could
work on this project.
Based on previous information provided by Assembly member Oswalt regarding problems with
the pool, Assembly member Friend discovered the master controller recently malfunctioned. He
queried staff regarding the chemicals used in the swimming pool. Manager Gifford responded
that they are still checking on the problem and are monitoring the levels of the chemicals and
confirmed that a master controller has been replaced.
Assembly member Abell responded to Mr. Dochterman noting that the Assembly would be
addressing the matter. He spoke on the subject of conflict of interest code /financial gain and
recommended that the Assembly review the items pertaining to this part of the code.
Assembly member Lynch was glad to hear that there was the possibility of a new pool and that
bond projects are moving forward.
Assembly member Oswalt shared information regarding the situation with the pool. He also
opined that the Borough maintain its own buildings instead of continuing with the
borough /school district benchmarks.
Assembly member Jeffrey congratulated Joel Liwag, Student of the month. She reported on her
attendance to the AML conference and felt the trip was beneficial. She supported the discussion
regarding conflict of interest. She reported that KFAC would be meeting December 17 and 18,
2008.
Mayor Selby mentioned that the Crewmembers resolution is presently before the KFAC.
Assembly member Branson congratulated Joel Liwag as Student of the month. It was great
news about the pool and commended the KHS and Kingfisher's swimmers. She thanked
Margaret Hall for calling in about the CHC solarium.
BRANSON moved to postpone the special meeting and executive session to November 29,
seconded by LYNCH.
Assembly member Jeffrey stated she would be on vacation during the week of November 19 —
26 and asked the special meeting be rescheduled.
Assembly member Branson asked for a special meeting to be held in conjunction with the work
session scheduled for November 29.
Assembly member Stutes advised to hold the special meeting as scheduled since the litigation
hearing would be held on November 27.
Assembly member Oswalt noted he would be out of town November 20 — 28.
Assembly member Abell explained his reasons for calling the special meeting stating it was
important to have a discussion with counsel regarding the litigation and the date was the
soonest that the special meeting could be held and the meeting properly advertised.
Kodiak Island Borough Assembly Minutes
November 15, 2007 Page 485
ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FOUR TO THREE: Oswalt, Stutes,
Abell and Friend (Nays); Lynch, Branson, and Jeffrey (Ayes.) (Clerk's note: Assembly member
Oswalt changed his vote to no.
Announcements
Mayor Selby announced that a special meeting of the Assembly was scheduled on Tuesday,
November 20, 2007 at 7:30 p.m. in the Borough Assembly Chambers. The next Assembly work
session would be held Thursday, November 29, 2007 at 7:30 p.m. in the Borough Conference
Room and the Regular Assembly Meeting would be held on Thursday, December 6, 2007 at
7:30 p.m. in the Borough Assembly Chambers.
The Borough offices would be closed Thursday, November 22 and Friday, November 23, 2007
in observation of the Thanksgiving Holiday.
ADJOURNMENT
BRANSON moved to adjourn the meeting, seconded by FRIEND.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Branson, Friend,
Jeffrey, Lynch, and Oswalt.
The meeting adjourned at 9:30 p.m.
ATTEST:
Nova M. Javier, CMC, : orough Clerk
KODIAK ISLAND BOROUGH
Approved: February 21, 2008
Kodiak Island Borough Assembly Minutes
November 15, 2007 Page 486