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06/03/2010 RMA regular meeting of the Kodiak Island Borough Assembly was held on Thursday, June 3, 2010, 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. KODIAK ISLAND BOROUGH Assembly Regular Meeting June 3, 2010 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 Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Department Director Bud Cassidy, Engineering and Facilities Director Woody Koning, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA BRANSON moved to approve the agenda as submitted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting minutes of April 1, 2010. KAPLAN moved to approve the regular meeting minutes of April 15, 2010, as submitted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. AWARDS AND PRESENTATIONS Mayor Selby presented a plaque of recognition and appreciation to Aida Sallows, widow of Steve Kreber, for his sixteen years of dedicated service to the Borough. CITIZENS' COMMENTS Nick Troxell spoke on Contract No. FY2010 -10. Wilma Cox Eric Engvall Switquard Duesterloh Mary Guilas - Hawver Ellen Ross Erin Harrington Jocene Warneke Alli Borton, Ben Millstein Donna Jones, Val Miller Dave Shuckmann, Deb Holden - Engvall Zoya Saltonstall, Heather Preece Cheryl Boehland Cliff Ford, Daisy West and Ken Reinke spoke in support of Contract No. FY2010 -10. Mary Carter- Campbell spoke on the Math Recovery Program at Kodiak High School. Kodiak Island Borough Assembly Minutes June 3, 2010 Page 801 COMMITTEE REPORTS Assembly member Friend reported that the Architectural /Engineering Review Board met and reviewed three construction projects that were in progress. PUBLIC HEARING 1. Ordinance No. FY2010 -01C Amending Ordinance No. 2010 -01 Fiscal Year 2010 Budget by Amending Budgets to Account for Various Revenues that are Over Budget, Provide for Additional Expenditures, Budget New Projects, Accept Grants, and Move Funds Between Projects. KAPLAN moved to adopt Ordinance No. FY2010 -01C. This ordinance: • Reduced the budget for real and personal property taxes by $31,000 in the General Fund budget. • Increased the General Fund Licenses and Permits budget by $20,000. • Reduced the General Fund Federal Shared Revenue budget by $97,837. • Reduced the General Fund Off-Shore Raw Fish Tax revenue budget by $32,030. • Increased the General Fund Cruise Ship revenue budget by $25,500. • Increased the General Fund interest earnings revenue budget by $50,000. • Increased the anticipated use of the General Fund Balance to $456,397. • Increased the General Fund Engineering /Facilities Department budget by $60,000. • Increased the General Fund Animal Control Department budget by $1,625. • Increased the General Fund transfers out by $329,405. ($29,405 to debt service, $250,000 for a code update, and $50,000 for a road system trails plan.) • Moved $95,000 from the General Fund to Fund 450 — Capital Projects to cover the expenses of a failed oil tank at the Chiniak School. • Increased the Land Sale Fund budget $73,298 to cover costs associated with the 2009 flood. • The Building and Grounds fund received an additional $11,070 from the school district for building rent. • The Building and Grounds fund transferred $95,000 to Capital Projects fund 450 to remediate the Chiniak School oil spill. • Increased the Womens Bay Road Service Area budget $173,405 to cover costs associated with the 2009 flood. • Increased the Monashka Bay Road Service Area budget $43,816 to cover costs associated with the 2009 flood. • Reduced the transfer from the Facilities Fund to the Debt Service Fund by $29,405. • Moved available balances in some projects in Funds 410 (Borough Capital Projects), 420 (GO Bond Projects), 430 (State Capital Grants), and 450 (Capital Projects) to other projects in Funds 410,420, 430, and 450. • Accepted a $475,000 HUD grant and authorized the Manager to execute. • Accepted a $8,872 Rural Firefighters Association grant and authorized the Manager to execute. • Accepted a $4,144 Volunteer Firefighters Association grant and authorized the Manager to execute. • Accepted a $90,000 Community Development block grant for Care Center design (project 09010) and authorized the Manager to execute. BRANSON moved to amend Ordinance No. FY2010 -01C by substitution. Kodiak Island Borough Assembly Minutes June 3, 2010 Page 802 ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. Assembly members Jeffrey and Lynch noted that they served on the Kodiak Maritime Museum board. Mayor Selby ruled that there was no conflict of interest for either Assembly member. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. 2. Ordinance No. FY2011 -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 2010 and Ending on the Thirtieth Day of June 2011 (Fiscal Year 2011 Budget). BRANSON moved to adopt Ordinance No. FY2011 -01. This ordinance 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 a tax on the real and personal property within the Borough as well as upon natural resources extracted and removed from the Borough. Manager Gifford presented amendments that had been made to the budget from the previous work session. BRANSON moved to amend Ordinance No. FY2011 -01 by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. Mayor Selby opened the public hearing. Kodiak Island Borough School District Superintendent Stewart McDonald spoke on Ordinance No. FY2011 -01. Mayor Selby closed the public hearing. JEFFREY moved to amend Ordinance FY2011 -01 by deleting the two additional positions from the budget. FULP moved to further amend Ordinance FY2011 -01 by changing the Administrative Assistant position to a part-time, non -union position with full benefits. ROLL CALL VOTE ON MOTION TO AMEND THE ADMINISTRATIVE ASSISTANT POSITION FAILED SIX TO ONE: Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend (Noes); Fulp (Aye). ROLL CALL VOTE ON MOTION TO AMEND FAILED FIVE TO TWO: Kaplan, Lynch, Branson, Friend, and Fulp (Noes); Jeffrey and Stutes (Ayes). Kodiak Island Borough Assembly Minutes June 3, 2010 Page 803 ROLL CALL VOTE ON MAIN MOTION CARRIED SIX TO ONE: Lynch, Branson, Friend, Fulp, Jeffrey, and Kaplan (Ayes); Stutes (No). BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Governor Parnell announced cuts to the budget. ADF &G Facility will go before the voters as a bond proposition at the General Election on November 2, 2010. • Thanked the Assembly for its support of the budget. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on his attendance at the National Association of Counties Western Interstate Region Conference. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2010 -10 Extension of the Recycling Contract with Threshold Services Inc. BRANSON moved to authorize the manager to execute the optional one -year extension for Contract No. FY2010 -10 with Threshold Services, Inc. of Kodiak, Alaska for a time and materials contract estimated to be $250,000. The Kodiak Island Borough's landfill enterprise fund was financed through user fees; these revenues covered costs for the landfill operation, compliance, disposal costs, and community recycling efforts. Threshold Services, Inc., a private non - profit entity, maintained a receiving, handling, processing, storage, and marketing operation for recyclable materials in Kodiak for shipment to markets off - island. Threshold achieved this through its goal to provide work and training for persons with disabilities or who were chronically not employable. The Borough's recyclable material included those items brought by the public to Threshold's location on Von Scheele, as well as the material picked up by Threshold at various business locations, and the community cardboard dumpster deliveries paid for through the Borough's contract with Alaska Waste. The contract with Threshold was based on the amount of recyclables shipped off island (similar to a time and materials contract) and it was estimated that the contract would total $250,000 which was what had been budgeted for in the proposed FY2011 budget. Assembly member Lynch disclosed that she sat as the president of Threshold's Board of Directors. Mayor Selby ruled that Assembly member Lynch did not have a personal financial interest and was allowed to vote on the contract. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. Kodiak Island Borough Assembly Minutes June 3, 2010 Page 804 Resolutions 1. Resolution No. FY2011 -02 Reestablishing the Fees of the Kodiak Island Borough. JEFFREY moved to adopt Resolution No. FY2011 -02. Prudent financial management dictated that an organization review its fees on at least an annual basis. KIBC 3.10.190 required that not less than on the beginning of every calendar year, the finance director would prepare a list of all fees for services charged by the various departments of Borough government. The list was submitted to the departments involved for comments concerning the fees and a recommendation as to whether or not the fee or fees should be raised, lowered, or remain the same. Finance Director Short submitted a report of his findings, including the department comments and recommendations, to the Manager for presentation to the Assembly. Staff compiled a list of current fees and recommended several changes to the fee resolution; most of these changes were in the Solid Waste Collection and Disposal Section. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Ordinances for Introduction None. Other Items None. EXECUTIVE SESSION A. Review of the Legal Opinion Regarding Garbage Lien. JEFFREY moved to convene into executive session to review the legal opinion regarding the garbage lien which qualifies for executive session as potential or pending litigation to which the Borough may become or is a party. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. Mayor Selby recessed the regular meeting and convened the executive session at 9:30 p.m. Upon returning from the executive session, Mayor Selby reconvened the regular meeting at 10:25 p.m. and announced no action was to be taken as a result of the executive session. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Stutes stated her reason for voting against the Ordinance No. FY2011 -01 was due to the two new positions. Assembly member Kaplan thanked Finance Director Short and Borough staff for their hard work on the budget. Kodiak Island Borough Assembly Minutes June 3, 2010 Page 805 Assembly member Jeffrey noted there was good discussion on the FY2011 budget. Assembly member Fulp thanked Jamin Law Office for its hard work throughout the years. Assembly member Branson noted she looked forward to FY2011. Announcements Mayor Selby announced that the next Assembly work session would be held on Thursday, June 10, 2010, at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, June 17, 2010, at 7:30 p.m. in the Borough Assembly Chambers. The Assembly will hold a special meeting on Thursday, June 10, 2010, at 7:30 p.m. in the Borough Conference Room. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. The meeting adjourned at 10:30 p.m. ATTEST: Nova M Javier, MC, Borough Clerk June 3, 2010 KODIAK ISLAND BOROUGH Jerome M. Selby, Mayor Approved: July 15, 2010 Kodiak Island Borough Assembly Minutes Page 806