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08/05/2010 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting August 5, 2010 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, August 5, 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. 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, Judy Fulp, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Engineering and Facilities Director Woody Koning, Finance Director Karl Short, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. BRANSON moved to excuse Assembly members Friend, Jeffrey, and Kaplan who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda as submitted. BRANSON moved to amend the agenda by removing Item 13.D.1, the Planning and Zoning Commission By -Laws under Other Items. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY: Branson, Fulp, Lynch, and Stutes. VOICE VOTE ON MOTION TO APPROVE THE AGENDA AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of July 1, 2010, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed August 8 through August 14, 2010, as Health Center Week urging citizens to recognize the important contributions of Community Health Centers. Manager Gifford presented a Five -Year Longevity Award for Tom Slagle, Baler Operator I at the Landfill Facility. CITIZENS' COMMENTS Janet Wente and Rhonda Maker spoke against Ordinance No. FY2011 -02. COMMITTEE REPORTS None. Kodiak Island Borough Assembly Minutes August 5, 2010 Page 825 PUBLIC HEARING 1. Ordinance No. FY2011 -02 Submitting the Question of the Adoption of a Sales Tax to the Qualified Voters of the Borough at the October 5, 2010 Regular Election. STUTES moved to adopt Ordinance No. FY2011 -02. The voters approved the $76,310,000 bond issue during the October 6, 2009, General Election. Because of the bond issue, renewal and replacement project funding (interfund loans), and the Borough's current operating deficit, the Borough needed to increase revenues approximately $4,000,000 per year. This equated to approximately 4 mills. If the Borough adopted a 2% sales tax, with similar exemptions as the City of Kodiak, the Borough would avoid the 4 mill property tax increase. By adopting a sales tax, the entire populace would help pay for these expenditures, not just the property owners. Assembly member Stutes clarified the process for the voting of the sales tax and the determination of how the tax would be distributed. Assembly member Fulp voiced her concern that the ordinance was too broad in nature. She felt that the numbers concerning costs of building the school should be more consistent. Assembly member Branson explained that voting for Ordinance No. FY2011 -02 would allow the voters to have the option to decide about a sales tax on the October 5, 2010, election ballot. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION FAILED THREE TO ONE: Lynch, Stutes, and Branson (Ayes); Fulp (No). 2. Ordinance No, FY2011 -03 Amending Kodiak Island Borough Code of Ordinance Title 1 General Provisions. BRANSON moved to adopt Ordinance No. FY2011 -03. The Kodiak Island Borough Assembly recognized that sections of the Borough code were outdated and that deficiencies, conflicts, or . obsolete provisions and citations needed to be corrected. Many sections also needed to be brought into compliance with existing laws and regulations. Staff researched codes from other municipalities, considered the Alaska Statutes, and consulted with Borough staff to determine the changes that needed to be made to this title.The proposed ordinance revisions were reviewed by the Borough Attorney for compliance. Most of the changes that were proposed came from the legal review when the Borough Code went through the recodification process. BRANSON moved to amend Ordinance No. FY2011 -03 by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, and Fulp. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. Mayor Selby clarified that Lines 256, 257, and 258 of the ordinance were not a part of the adopted ordinance. Kodiak Island Borough Assembly Minutes August 5, 2010 Page 826 ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Stutes, Branson, Fulp, and Lynch. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Alaska Waste was working to implement the new contract. • The City of Kodiak released the Crossing Guard RFP with a deadline for proposals of August 13, 2010. • The Assessing Department started property inspections in remote locations. • The architecture and engineering RFP for the high school had been advertised starting July 9, 2010. • An RFP was being advertised for civil engineering for a term contract for road, trails, and drain work. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on the following: • Attended The National Association of Counties meetings and shared applicable information. • The application for homeport of the National Science Foundation research vessel with the University of Alaska had been submitted. • Kodiak Island Borough School District was forming a Regional Advisory Council collaborating with the Department of Labor, Kodiak College, and the Fisheries Technology Center. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2011 -06 Kodiak Middle School Emergency Generator Installation Project. BRANSON moved to authorize the manager to execute Contract No. FY2011 -06 with Brechan Enterprises, Inc. for the Kodiak Middle School Emergency Generator Installation Project in an amount not to exceed $65,948. The contract was for the Kodiak Middle School Emergency Generator Installation Project as shown in the construction documents prepared by Jensen Yorba Lott, Inc. The construction documents, bid documents, and associated addenda were available for review. The work was being performed for the Kodiak Island Borough School District (KIBSD) and all costs associated with the project would be reimbursed by KIBSD. The project budget of $41,824 would be added to the next budget amendment. Bids were received in response to the Borough's Invitation to Bid dated June 9, 2010. Brechan Enterprises, Inc. was the lowest bidder for the project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Fulp, and Lynch. Resolutions None. Ordinances for Introduction None. Kodiak Island Borough Assembly Minutes August 5, 2010 Page 827 Other Items None. CITIZENS' COMMENTS Martha Randolph spoke in support of a sales tax. ASSEMBLY MEMBER COMMENTS Assembly members congratulated Tom Slagle for his Longevity Award and recognized Health Center Week. Assembly member Stutes requested transfer stations be addressed by the Solid Waste Advisory Board and also requested Borough costs (dollar amount) for the current lawsuit. Assembly member Fulp thanked the Borough for the Woody Way field, recognized the advertisement of the RFP for the high school, and welcomed the pilgrims in town to celebrate the 40th Anniversary of the canonization of Father Herman. Assembly member Lynch thanked Sandra West for her involvement in the bike path project. Announcements Mayor Selby announced that the next Assembly work session would be held on Thursday, August 12, 2010, at 7:30 p.m. in the Borough Conference Room and that the regular meeting scheduled on Thursday, August 19, 2010, was canceled. The Kodiak Island Borough and the City of Kodiak were hosting the Alaska Municipal League (AML) Summer Meeting on August 18 -20, 2010. The Borough Mayor and members of the Assembly would be in attendance at the AML events. The next regular meeting was scheduled on Thursday, September 2, 2010, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT STUTES moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Fulp, Lynch, and Stutes. The meeting adjourned at 8:20 p.m. KODIAK ISLAND BOROUGH • ATTEST: erome M. - _ • , .• • • Nova M.'Jayier: MMC, Borough Clerk Approved: September 16, 2010 Kodiak Island Borough Assembly Minutes August 5, 2010 Page 828