05/05/2011 Regular Meeting KODIAK ISLAND BOROUGH
Assembly Regular Meeting
May 5, 2011
A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, May 5,
2011, 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.
Deputy Presiding Officer Friend led the Pledge of Allegiance.
Present were Deputy Presiding Officer Friend, Assembly members Carol Austerman, Judy
Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present
were Administrative Official Cassidy and Deputy Clerk Marylynn McFarland.
STUTES moved to excuse Mayor Selby who was absent due to personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA
JEFFREY moved to approve the agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
None.
AWARDS AND PRESENTATIONS
Deputy Presiding Officer Friend proclaimed May 1 through May 7, 2011, Municipal Clerks
Week extending appreciation to Borough Clerk Nova Javier, Deputy Clerk Marylynn
McFarland, Assistant Clerk Jessica Kilborn, and to all municipal clerks for the vital services
they perform and their exemplary dedication to the community they represent.
Deputy Presiding Officer Friend proclaimed May 1 through May 7, 2011, Public Service
Recognition Week encouraging all citizens to recognize the accomplishments and
contributions of government employees at all levels — federal, state, county, borough, and
city.
CITIZENS' COMMENTS
Gail Brandt, Sandy Pherson, Jake Jacobsen, and Kermit Reppond spoke to the overall
economic picture of Kodiak and requested the Assembly to closely monitor costs and
expenses of the high school project.
Tom Kelly voiced his concerns about the motorized vehicles tearing up Borough property on
the backside of Beaver Lake.
Kodiak Island Borough Assembly Minutes
May 5, 2011 Page 903
Stephen Taufen spoke on the inconsistencies of the language in Ordinance No. FY2011 -16.
Charlie Powers, Koniag Vice President, spoke on the impacts of Ordinance No. FY2011 -16
to Koniag. He advocated exploring other or additional source of revenues.
Robert Lindsey commented on the proposed roll cart expansion area.
Leonard Roberson voiced support of reusing steel and metals that is being sent to the
landfill.
Jason Wagoner spoke on Ordinance No. FY2011 -15 supporting leaving the status quo on
fireworks use.
Mel Stephens, Bruce Schactler, and Julie Bonney spoke against Ordinance No. FY2011 -16.
COMMITTEE REPORTS
Assembly member Kaplan gave an update regarding his recent lobbying trip to Washington
D.C., May 2 -3 with the Mayor and the Manager.
Deputy Presiding Officer Friend and Assembly member Jeffrey reported on the Rural
Leadership Forum where the island wide transportation study was discussed.
PUBLIC HEARING
A. Ordinance No. FY2011 -15 Amending Kodiak Island Borough Code of Ordinances Title 9
Public Peace, Morals and Welfare by Instituting Chapter 9.10 Fireworks Control to
Restrict the Sale and Use of Fireworks in the Borough.
KAPLAN moved to adopt Ordinance No. FY2011 -15.
There was no restriction on the sale or use of fireworks in the Borough and many residents
had contacted Borough officials expressing concern about noise, litter, and safety created
by the use of fireworks throughout the year. This ordinance would restrict the sale and use
of fireworks in the Borough to a limited number of days before and after the popular holidays
that feature fireworks, 4th of July and New Year's Eve.
Deputy Presiding Officer Friend opened the public hearing.
Mel Stephens and Sharon Blakeslee spoke against the Ordinance No. FY2011 -15.
Lorna Arndt commented that fireworks should be banned entirely within the Borough at all
times.
Deputy Presiding Officer Friend closed the public hearing.
FULP moved to amend Ordinance No. FY2011 -15 to limit the ban of fireworks to "Mill Bay
and Mission Beach ".
Motion failed for lack of a second.
Kodiak Island Borough Assembly Minutes
May 5, 2011 Page 904
ROLL CALL VOTE ON MAIN MOTION CARRIED FIVE TO TWO: Fulp, Jeffrey, Kaplan,
Stutes, and Austerman (Ayes); Friend and Lynch (Noes).
ADMINISTRATIVE OFFICIAL'S REPORT
Administrative Official Cassidy reported on the following:
• Community clean -up day on May 7, 2011.
• State Legislature added an additional $20 million in state revenue sharing, allocating
$238,756 to the Kodiak Island Borough.
• The State committed an additional $1.3 million to reduce the increase in health
insurance costs to state and local government, allocating $113,000 for the Kodiak
Island Borough.
• Severance tax was up $97,000 this year to date compared to last year, and the
Finance Director expected total severance tax of $250,000 over the $200,000.
MESSAGES FROM THE DEPUTY PRESIDING OFFICER
Deputy Presiding Officer Friend reminded the community to use caution when driving during
this weekend's community clean up to protect the safety of the clean up participants that are
going to be at the roadside.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
None.
Resolutions
1. Resolution No. FY2011 -26 Amending Resolution No. FY2008 -03 Reducing the Seats on
the Joint Kodiak Fisheries Advisory Committee.
JEFFREY moved to adopt Resolution No. FY2011 -26.
On February 22, 2011, the Kodiak Fisheries Advisory Committee reviewed the make -up of
the Committee, looked at options to increase efficiency, and recommended removing the
"Large" and "Small" designations and making one seat for each sector and reducing the
"Business Community ", "Kodiak Rural Communities ", and "Citizen at Large" seat to one
"Community" seat. This reduced the committee to eleven seats, leaving the following seats
as voting members, and allowed for a quorum to be met with six members present.
Kodiak Island Borough Assembly Minutes
May 5, 2011 Page 905
Pot Vessels — Jeffery Stephan Crewmembers — Steve Branson
Trawl Vessels — Al Burch Conservation Community — Theresa Peterson
Longline Vessels — Chris Holland Community - Lee Robbins
Jig Vessels — Alexus Kwachka ADFG Advisory Committee — Oliver Holm
Salmon/ Herring Vessels - OPEN Lodge /Charter Boat Operators — Chris Fiala
Processors — Julie Bonnie
Non - voting /ex- officio seats remained the same. If a member was elected to one of these
seats and also held one of the voting seats above they remained a voting member.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch,
Stutes, Austerman, and Friend.
Ordinances for Introduction
1. Ordinance No. FY2011 -16 Amending Kodiak Island Borough Code of Ordinances Title 3
Revenue and Finance Chapter 3.45 Severance Tax Section 3.45.020 Resources
Subject to Tax and Section 3.45.010 Definitions.
JEFFREY moved to adopt Ordinance No. FY2011 -16 in first reading to advance to public
hearing at the next regular meeting of the Assembly.
This ordinance changed the severance tax rate from the current mill rate to a fixed
percentage. Instead of spreading severance tax revenues across all area -wide funds that
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levy a property tax; all proceeds would go to the general fund. Under the current regulations,
the severance tax rate had to be increased any time an area -wide service started if it was
going to be financed with property taxes. With the current Borough accounting system,
allocating severance taxes to more than one fund was extremely difficult. This also clarified
that the severance tax rate would not be set when the annual budget was adopted.
Assembly members Stutes and Fulp spoke against Ordinance No. FY2011 -16.
Assembly members Kaplan, Jeffrey, Lynch, and Friend were in support of advancing the
Ordinance to public hearing for additional public input.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Jeffrey, Kaplan, Lynch,
Austerman, and Friend (Ayes); Stutes and Fulp (Noes).
Other Items
1. Approval of the Design Concept for the Kodiak High School Addition and Renovation
Project.
JEFFREY moved to approve the Design Concept for the Kodiak High School Addition and
Renovation Project as presented, and authorize the manager to direct the Architect to move
forward with the design development phase of the project based on the Design Concept.
Kodiak Island Borough Assembly Minutes
May 5, 2011 Page 906
The Kodiak Island Borough (KIB), Kodiak Island Borough School District (KIBSD), Kodiak
High School staff, the entire Kodiak High School faculty, and the Kodiak High School Parent
Teacher Student Association had worked with the design team since January 9, 2011,
providing their input of needs and wishes for consideration in the design of the new high
school and renovation project. A broader based group of Kodiak citizens representing
various stakeholders had worked with the design team since March 8, 2011, to deliberate
and select a conceptual design to submit to the KIBSD Board of Education and Assembly
for approval. At its regular meeting of April 25, 2011, the KIBSD Board of Education
approved the submitted concept.
Assembly member Stutes inquired about the status of "design" concept of the school and
Deputy Presiding Officer Friend explained that this phase was where the final design would
be formulated with options.
Project Architect Tony Yorba gave a brief description of the Kodiak High School design
concept phase and possible add -ons.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes,
Austerman, Friend, Fulp, and Jeffrey.
2. Confirmation of the Assembly Appointment to the Kodiak Workforce Regional Advisory
Council.
STUTES moved to confirm the Assembly appointment of Ms. Brenda Zawacki to the Human
Resources Services seat on the Kodiak Workforce Regional Advisory Council for a term to
expire December 2013.
There were three vacant designated representative seats on the Kodiak Workforce Regional
Advisory Council (KWRAC). On April 12, 2011, an application was received by the Clerk's
office from Ms. Brenda Zawacki for the Human Resources Services seat for a term to expire
December 2013. The application was made available to the members of KWRAC and on
April 20, 2011, KWRAC held a regular meeting, reviewed the application and members
recommended the appointment of Ms. Zawacki to the Human Resources Services seat.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Austerman,
Friend, Fulp, Jeffrey, and Kaplan.
CITIZENS' COMMENTS
Rolan Ruoss encouraged the Assembly to contain high school project plans and costs, and
referred to the unbudgeted deferred maintenance costs.
Lorna Arndt, Daniel Miller, and Rob Lindsey spoke against Ordinance No. FY2011 -16.
Julie Bonney suggested that Ordinance No. FY2011 -16 focus on the separate issues of
where the money should go and what the tax should be.
Sandy Pherson and Heidi Roberson spoke on the proposed roll card expansion.
Kodiak Island Borough Assembly Minutes
May 5, 2011 Page 907
ASSEMBLY MEMBER COMMENTS
Assembly member Jeffrey thanked the public for its participation in the public process. She
inquired about the metals at the landfill and any insurance issues that may be applicable to
that matter.
Assembly member Fulp found, after reading the audit, that the Borough was in good shape.
She encouraged the community members to be involved in the weekend clean -up effort.
Assembly member Stutes thanked the public for its active participation and announced that
the vote on the roll cart expansion was scheduled for the regular meeting of June 2, 2011.
Deputy Presiding Officer Friend encouraged the community to be involved in the clean -up
day and reiterated his reminder about driving cautiously with clean up volunteers on the
streets.
Announcements
The next Assembly work session would be held on Thursday, May 12, 2011, at 7:30 p.m. in
the Borough Conference Room and the next regular meeting of the Assembly was
scheduled on Thursday, May 19, 2011, at 7:30 p.m. in the Borough Assembly Chambers.
ADJOURNMENT
JEFFREY moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Friend,
Fulp, Jeffrey, Kaplan, and Lynch.
The meeting was adjourned at 9:40 p.m.
• KODIAK ISLAND BOROUGH
- vas Ass
ATTEST: Jerome M. Se ._- •
Nova M. Javier, MMC, Borough Clerk Approved: June 2, 2011
Kodiak Island Borough Assembly Minutes
May 5, 2011 Page 908