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05/17/07 Regularl MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting May 17, 2007 A regular meeting of the Kodiak Island Borough Assembly was held May 17, 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 Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Barbara Williams. Staff present were Manager Rick Gifford, E &F Director Woody Koning, Finance Director Karl Short, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. Representatives from the communities of Akhiok, Chiniak, Karluk, Larsen Bay, Old Harbor, Ouzinkie, and Port Lions participated via video conference. APPROVAL OF AGENDA FRIEND moved to approve the agenda, seconded by BRANSON. VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES Kodiak Island Borough Regular Meeting of April 19, 2007. BRANSON moved to approve the minutes as submitted, seconded by FRIEND. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY TO APPROVE THE MINUTES AWARDS AND PRESENTATION Mayor Selby presented the May 2007 Kodiak Island Borough Student of the Month Award to Maya Edgerly, a Junior from the Kodiak High School. Mayor Selby proclaimed the month of May 2007 as Older Americans Month of Alaska. Gretchen Saupe from the Senior Citizens of Kodiak accepted the proclamation. CITIZENS' COMMENTS Cheryl Boehland requested the Borough Assembly to take its time in researching and reviewing the gravel lease in Bells e o Flats. She would like to CAP ample for the public to be heard. - - - - would _ _ . _ ...._ ._ _.... ... ., r .p, .. � ....� ��. for the f ruv�. to be i ica� u Darren Muller, from the City of Ouzinkie, (via video conference) voiced his concern about the status of the revised memorandum of agreement between the Borough and the City of Ouzinkie regarding Ouzinkie's dock project. Emil Norton, member of the Senior Citizens of Kodiak, thanked the Assembly for its support to the Senior Citizens of Kodiak. He requested continued financial support and hoped the Borough would Kodiak Island Borough Assembly Minutes May 17, 2007 Page 387 be generous in future requests. He noted the valuable contribution of the Kodiak Area Transit System (KATS) to the community of Kodiak. Deborah Kirk, parent with children in the school district, spoke in support of the additional funds the KIBSD was requesting. COMMITTEE REPORTS A. Kodiak Island Convention Visitor's Bureau Update - Pam Foreman Pam Foreman, Executive Director of the Kodiak Island Convention and Visitors Bureau (KICVB) in Kodiak, distributed KICVB Marketing Program information to the Assembly including the most recent Visitor's Guide. Ms. Foreman also stressed KICVB's support to local conventions /meetings being held in Kodiak. Ms. Foreman, in response to Assembly member Abell, stated that business and lodges are members of the Visitors Bureau and are advertised within the Visitor's Guide. KICVB does work with villages, some more than others, depending on their tourism interests. A goal KICVB has was having a kiosk in the Convention's office that visitors can use providing specific information about the villages. Kodiak Island Housing Authorizing was also working with the villages in efforts to promote tourism. In response to Assembly member Jeffrey, Ms. Foreman reported that the typical Kodiak tourist is interested in sport fishing and wildlife, and eco interest is growing. Travelers are typically in their 50's, usually repeat visitors, and spend more days in Kodiak compared to the rest of the State. Assembly member Oswalt, Architectural Review Board Representative, referred to Assembly member Jerrol Friend for updated information. Assembly member Friend reported that Prohaska & Associates submitted their 65% drawings for the proposed Community Health Center (CHC) addition. Latest estimate of costs was 1.7 million under budget which included the hospital addition and parking lot. He felt it was a good meeting, good presentation, and everything was on track. Assembly member Branson, Providence Kodiak Island Service Area Board Representative, reported that there was a new orthopedic surgeon and two new full time surgeons at the hospital. She noted the hospital was going through the JACO accreditation process. Assembly member Jeffrey, Kodiak College Council representative, reported that the College's commencement exercises were held last Friday at the Golden Anchor. There was a large population of graduates and it was a successful evening. PUBLIC HEARING A. Resolution No. FY2007 -32 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, 2007 and Ending June 30, 2008. WILLIAMS moved to adopt Resolution No. FY2007 -32, seconded by BRANSON. Staff recommended that the Assembly approve the school funding at last year's appropriation as State funding was still uncertain. He noted that if the Assembly found additional funding available, an additional appropriation to the School District could be made at a later date. Assembly member Abell questioned the timing and /or process for the additional funding to KIBSD. Kodiak Island Borough Assembly Minutes May 17, 2007 Page 388 Manager Gifford responded that increases to their funding can be made through the budget ordinance. School district would know within 30 days if additional monies would be available. The Borough will pass its budget at the June 7, 2007 regular meeting. Betty Walters, KIBSD Superintendent, stated that contracts have been issued withholding some contracts that are dependent upon additional funding. Assembly member Branson relayed her discouragement with the legislature. She hopes that the task force that is being assembled will remedy the problems. Mayor Selby opened the public hearing. Dave Carson, advocated for additional funding for special needs in the education system. Peggy Tuttle, parent and a School Board member, spoke in support of full funding for the school budget. Village Representatives, parents, teachers and administrators from the communities of Akhiok, Chiniak, Karluk, Larsen Bay, Old Harbor, Ouzinkie and Port Lions participated via video conference. Everyone spoke in support of full funding of the KIBSD budget. Clarence Selig expressed his frustration with the funding process that occurred in Juneau. Mayor Selby closed the public hearing. Mayor Selby thanked the villages for their participation in the budget process and the school district for the facilitation of the video conference. Assembly member Abell spoke in support of the school district budget funding to the cap. He would work to fund the additional $760,000 requested. Assembly member Branson noted that the mill rate was lowered last year by the Assembly. It was not fiscally responsible and urged the Assembly to take responsibility in funding the school district fully. She encouraged the public to come to the budget work sessions. Assembly member Jeffrey spoke in support of funding the schools. Assembly member Williams was in support of funding the school budget to the cap. Assembly member Friend supported funding the school district budget to the maximum. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY :: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, Williams After a 15 minute recess, Mayor Selby reconvened the meeting at 9 :15 p.m. B. Ordinance No. FY2007 -14 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 Prohibit Assembly Member Attendance at Regular and Special Meetings by Teleconference and Allow it Only During Work Sessions and Emergency Meetings. JEFFREY moved to adopt Ordinance No. FY2007 -14, seconded by FRIEND. Kodiak Island Borough Assembly Minutes May 17, 2007 Page 389 Clerk Javier stated that this ordinance would prohibit assembly member attendance at regular and special meetings by teleconference and allow it only during work sessions and emergency meetings. She noted, that although AS44.62.310 states that participation may be by teleconference, AS29.20160(f) authorizes the Assembly to determine by ordinance its own rules or procedures and order of business. Mayor Selby opened the public hearing; hearing and seeing none, he closed the public hearing. Assembly discussion ensued regarding the pros and cons of this ordinance. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Branson, Friend, Jeffrey, Lynch (Ayes); Oswalt, Willilams, Abell (Noes) C. Ordinance No. FY2007 -15 Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel to Add Chapter 2.53 Solid Waste Advisory Board. WILLIAMS moved to adopt Ordinance No. FY2007 -15, seconded by BRANSON. Manager Gifford outlined the purpose, mission, goals, and make -up of the Solid Waste Advisory Board. Mayor Selby opened for public hearing. Hearing and seeing none, the public hearing was closed. Assembly member Jeffrey stated she was in favor of the Solid Waste Advisory Board. She believed it would be proactive in addressing needs for the community. Assembly member Williams requested from staff to provide to the new SWAB old minutes from past Solid Waste boards. Assembly member Abell was initially going to vote against this Ordinance but with recycling on the horizon he would vote for it hoping that the Borough and staff would have direction. Assembly member Branson was in favor of the new advisory group. Assembly member Oswalt was in favor of the newly formed board and requested that the Borough and Assembly look at the information submitted from past boards in order to move ahead. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell, Branson BOROUGH MANAGER'S REPORT Manager Gifford reported that Senate Bill 111 Narrow Cape Public Use Area passed the legislature, PERS/TRS received a one -time funding; and Senate Bill 125 did not pass but would be addressed next year. One -time revenue sharing /energy assistance was funded at a lesser amount than last year. Unorganized communities both inside and outside organized boroughs would receive $20,000 including Karluk. Other projects being funded are the Area -Wide School Supplies and Equipment, Ferry Feasibility Study, Kodiak Middle School Playground Equipment, Peterson Elementary School, and Kodiak Near Island Research and Administration Facility. Flyers went out to residents regarding bear -proof dumpsters. Junk vehicle clean -up program received approximately 40 applications and the City received about 50. The Ouzinkie dock issue was funded through a legislative grant that was given to the borough for the design. The agreement of non - responsibility drafted by the Borough was not accepted, therefore the Borough has sent a revised Memorandum of Agreement (MOA) and details are being worked out. An amended resolution should be available at the next regular meeting. Kodiak Island Borough Assembly Minutes May 17, 2007 Page 390 MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported that he was disappointed that PERSITRS funding was not approved, along with the revenue sharing package which would have enabled our smaller communities to become more viable. He hoped that the numbers would be solidified in the next week to work with additional school funding. Mayor Selby was pleased with some of the capital projects totaling $25 million, with $15 million federal pass through monies for the launch project. He outlined other projects funded in the villages, city, and borough including the regional ferry study. UNFINISHED BUSINESS - None NEW BUSINESS A. CONTRACTS 1. Contract No. FY2007 -43 To Design an Expanded Wetland System. OSWALT moved to authorize the manager to execute Contract No. FY2007 -43 with CH2M Hill of Anchorage, Alaska in the amount not to exceed $57,129, seconded by JEFFREY. Manager Gifford reported this contract would address the leachate seep that was occurring at the landfill and not being treated in the existing wetland treatment system. The contract would include discharge permitting assistance, water sampling plan, treatment system design, and construction oversight. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Williams, Abell, Branson, Friend B. RESOLUTIONS 1. Resolution No. FY2007 -33 Adopting the Kodiak Area Coordinated Transportation Plan. WILLIAMS moved to adopt Resolution No. FY2007 -33, seconded by BRANSON. Manager Gifford reported this resolution was requested by Assembly member Branson in order to fulfill federal requirements for funding. Assembly member Branson explained that KATS is a coordinated service to approximately seventeen agencies, the biggest growth was getting people to their place of employment. The plan was a federal requirement for funding and to show cost efficiency. Mayor Selby thanked Evelyn Mortimer for her letter in support of KATS. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Williams, Abell, Branson, Friend, Jeffrey 2. Resolution No. FY2007 -34 Authorizing the Approval of Lease with the Kodiak Teen Court. OSWALT moved to adopt Resolution No. FY2007 -34, seconded by WILLIAMS. Manager Gifford reported that negotiated leases required Assembly approval and stated that staff recommended that the term of the lease be changed from annual renewal to every five years. This Kodiak Island Borough Assembly Minutes May 17, 2007 Page 391 would reduce staff time in working on the lease and allow for more long range planning by parties involved. The new lease has an escalator clause to allow for cost increases as recommended by the assessor. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Williams, Abell, Branson, Friend, Jeffrey, Lynch 3. Resolution No. FY2007 -35 Authorizing the Approval of Lease with the Kodiak Area Special Olympics. FRIEND moved to adopt Resolution No. FY2007 -35, seconded by BRANSON. Manager Gifford reported that negotiated leases required Assembly approval and stated that staff recommended that the term of the lease be changed from annual renewal to every five years. This would reduce staff time in working on the lease and allow for more long range planning by parties involved. The new lease has an escalator clause to allow for cost increases as recommended by the assessor. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Friend, Jeffrey, Lynch, Oswalt 4. Resolution No. FY2007 -36 Authorizing the Approval of Lease with the American Red Cross. WILLIAMS moved to adopt Resolution No. FY2007 -36, seconded by BRANSON. Manager Gifford reported that negotiated leases required Assembly approval and stated that staff recommended that the term of the lease be changed from annual renewal to every five years. This would reduce staff time in working on the lease and allow for more long range planning by parties involved. The new lease has an escalator clause to allow for cost increases as recommended by the assessor. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, Williams 5. Resolution No. FY2007 -37 Adopting the Comprehensive Economic Development Strategy (CEDS) 2007 as Written. BRANSON moved to adopt Resolution No. FY2007 -37, seconded by WILLIAMS. Manager Gifford stated this resolution would adopt the Comprehensive Economic Development Strategy (CEDS) as submitted by the Economic Development Committee. This document will be submitted to the U.S. Economic Development Administration for its review and adoption. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Williams, Abell 6. Resolution No. FY2003 -20F Amending Resolution No. 2003 -20 to Re- establish Fees of the Kodiak Island Borough. JEFFREY moved to adopt Resolution No. FY2003 -20F, seconded by OSWALT. Kodiak Island Borough Assembly Minutes May 17, 2007 Page 392 Manager Gifford reported the solid waste disposal rates for sludge was raised last year from $65 to $115 because of handling time. A memorandum of agreement was being arranged with the City for improved delivery condition of the sludge, therefore the cost has been recommended to be lowered to $75 a ton which is reflected in the new fee schedule effective July 1, 2007. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell, Branson C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2008 -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 2007 and Ending on the Thirtieth Day of June 2008 (Fiscal Year 2008 Budget.) JEFFREY moved to adopt Ordinance No. FY2008 -01 in first reading to advance to public hearing on June 7, 2007, seconded by BRANSON Manager Gifford reported this budget included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Projects Funds, and Enterprise Funds. He then introduced Finance Director Karl Short who presented the FY2008 Budget through a power point presentation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Williams, Abell, Branson, Friend 2. Ordinance No. FY2007 -16 Amending Title 3 Revenue and Finance, Chapter 3.24 Personal Property Tax to Add Section 3.24.090 Personal Property Minimum Billing. WILLIAMS moved to adopt Ordinance No. FY2007 -16 in first reading to advance to public hearing on June 7, 2007, seconded by OSWALT Manager Gifford reported that he and the Finance Director Karl Short felt that it was prudent that tax on personal property accounts (not including boats) with a low assessed value not be billed. For FY2008, staff recommended the minimum assessed value exceed $2,500 to generate a personal property tax bill. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Williams, Abell, Branson, Friend, Jeffrey D. OTHER ITEMS 1. Vacation of a Portion of Existing 25 -foot Wide Public Access and Utility Easement Along the Southwest Edge of Tract B, T2. OSWALT moved to approve the vacation of a portion of existing 25 foot wide public access and utility easement along the Southwest edge of Tract B, T26S R25W TL 101 Viekoda Bay as shown on Plat 93 -3, seconded by BRANSON. Manager Gifford stated that Planning and Zoning Commission approved the above referenced easement vacation after a public hearing held on March 28, 2007. Kodiak Island Borough Assembly Minutes May 17, 2007 Page 393 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Williams, Abell, Branson, Friend, Jeffrey, Lynch CITIZENS' COMMENTS Peggy Tuttle referred to the Alaska Association of Education's theme "it takes a community ", suggesting alternative funding for education in Kodiak. She advocated about a long -term plan for educational funding. ASSEMBLY MEMBER COMMENTS Assembly member Williams congratulated Maya Edgerly on her Student of the Month recognition. She asked to extend the applications for junk vehicles since there are remaining funds available. She requested that the subject of the landfill being opened on the weekends be discussed at the next work session. Assembly member Friend noted that releasing Borough land to the public would be a source of additional funding. Assembly member Abell thanked Peggy Tuttle for suggesting making the video conferencing available for the school budget public hearing meeting. Assembly member Branson acknowledged the Older Americans of Alaska. She congratulated Maya Edgerly for being Student of the Month. Assembly member Branson reported that the Senior Care Program lost its funding and will end June 30, 2007. She also noted to the Assembly that the Marine Highway Advisory Commission had no representative from Kodiak and said it was important that Kodiak have a representative on the Commission. Assembly member Oswalt commended the Manager for getting 40 junk vehicle removal applications and would like the remaining money to be spent cleaning up areas around the landfill. He also commended the people who cleaned Pillar Creek last weekend. Assembly member Lynch congratulated Maya Edgerly as Student of the Month. She reported that the Tract B leases were coming to Assembly. There was some confusion about the disposal under Title 18. She requested more information on the process. She also stated that Kodiak Island Housing Authority (KIHA) was organizing rural community work shops bringing the villages together. She also reminded the Assembly that in the sale of lands to include the cost of contracting someone to put together the sale. ANNOUNCEMENTS The Assembly will meet in a special budget work session on Thursday, May 24, 2007 at 7:30 p.m. in the Borough Conference Room. The Kodiak Island Borough will be closed Monday, May 28, 2007 in celebration of Memorial Day. The next Assembly regular work session is scheduled on Thursday, May 31, 2007 at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, June 7. 2007 at 7:30 p.m. in the Borough Assembly Chambers. Mayor Selby suggested that the evaluation of the Borough Clerk be postponed to May 24, 2007 at a special meeting. A special meeting was scheduled for May 24, 2007 following the work session to address the Borough Clerk's evaluation. Clerk Javier had not objection. Kodiak Island Borough Assembly Minutes May 17, 2007 Page 394 ADJOURNMENT WILLIAMS moved to adjourn the meeting, seconded by FRIEND. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Friend, Jeffrey, Lynch, Oswalt The meeting adjourned at 11 p.m. ATTEST: 41, Nova . Javier, CMC, Boro h Clerk C rome M. Selby Approved: July 5, 2007 Kodiak Island Borough Assembly Minutes May 17, 2007 Page 395