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1997-01-16 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting January 16, 1997 A regular meeting of the Kodiak Island Borough Assembly was held January 16, 1997 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. Presiding Officer Heinrichs led the Pledge of Allegiance. There were present: Robin Heinrichs, Tom Abell Bob Johnson Gary Stevens Presiding Tuck Bonney Mike Milligan Wayne Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC /AAE, Clerk Judi Nielsen, Deputy Clerk APPROVAL OF AGENDA G. STEVENS, seconded by W. STEVENS agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES A. K.I.B. Assembly Meetings of 1996 and January 2, 1997. JOHNSON, seconded by MILLIGAN VOTE ON MOTION TO APPROVE AS CORRECTED MOTION CARRIED Regular Assembly Meeting January 16, 1997 moved to approve the Unanimous voice vote December 5 and 19, moved to approve the minutes of December 5 and 19, 1996 and January 2, 1997. Assemblymember G. Stevens asked that the December 5 minutes be corrected to reflect that Heinrichs was presiding officer. Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Volume )C u Page 90 AWARDS AND PRESENTATIONS A. Student of the Month Mayor Selby presented the Student of the Month Award to Kathryn Hemingway, a junior at Kodiak High School. B. Employee of the Year Mayor Selby presented the Employee of the Year Award to Tom Dunham, solid waste baler /landfill supervisor, for the Engineering and Facilities Department. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Assemblymember Bonney read a letter from Iver Malutin in appreciation of the quality float facility at Anton Larson Bay. He suggested redecking the ramp with rubber tread to improve safety. He applauded the assembly and city council working together to make Kodiak a better place. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS Assemblymember Milligan reported that the Hospital Advisory Board discussed negotiations with Providence at a recent meeting. The hospital generated a profit. The employee plan with Providence would be similar to the current plan. The certificate of occupancy was on track for February 1. The Fire Marshall would complete a walk - through of the facility prior to February 1. A new intensive care patient was admitted. The hospital and a local clinic worked in conjunction on a new program to provide cervical and breast cancer care for those who could not afford care. The program would help approximately 50 women per year. He urged those who might qualify to contact the hospital. He reported that the Borough transferred $50,000 for city prisoner's bills. Presiding Officer Heinrichs participated in an Alaska Municipal League (AML) committee teleconference on land use and economic development. Discussion focused on a Bill intended to reduce funding of the coastal management program that impacted Kodiak. Regular Assembly Meting January 16, 1997 AWARDS AND PRESENTATIONS STUDENT OF THE MONTH EMPLOYEE OF THE YEAR CITIZENS' COMMENTS COMMITTEE REPORTS Volume XXII Page 91 Mayor Selby said the figure was significant at almost $70,000 in one year. Assemblymember Milligan teleconferenced with the committee on transportation and utilities. He said there were two Bills that dealt with tourist traffic off vessels and fish management. AML would review the fish tax value. Presiding Officer Heinrichs said Kevin Ritchie, AML Director, indicated new life to a Takings Bill and the ripple effect. PUBLIC HEARING None. MESSAGES PROM THE BOROUGH MAYOR Mayor Selby reported that since the City of Kodiak had achieved the $800,000 funding level for the Service District No. 1 water and sewer transfer, the twelve dollar surcharge would be eliminated as of February 1. He thanked the city for monitoring it so closely. The salmon industry would hold a forum in February that focused on developing salmon marketing and increasing quality and cost efficiency. He reported that Karl Short, Borough finance director, received the designation of Certified Government Financial Manager by the Association of Government Accountants. Information was forthcoming regarding the Near Island Research Facility (NIRF) and how much of the $9 million would be designated for Kodiak. Anticipated was $3 -4 million. The NOAA appropriation Bill dictated that unused funds come to Kodiak so there may be cash to retire the revenue bonds six months after sold. Patients would soon be moved into the new hospital. Staff had to become knowledgeable about the facility to ensure an error -free transfer. The Providence contract negotiation was close to completion. The staff benefit package should be similar to the current package. The Borough would own the hospital and equipment to ensure that residents received top quality health care. There are excellent physicians and staff. Regular Assembly Meeting January 16, 1997 PUBLIC HEARING MESSAGES FROM MAYOR Volume xxll Page 92 specialists like an orthopedic surgeon and a psychiatrist would join the staff in February. Staff would be employees of Providence rather than the hospital. Providence provided training programs beneficial to employees. The responsibility for operating and malpractice losses would be shifted from the Borough to Providence. There would be a $2 million up -front payment for a building maintenance fund and Providence would pay monthly payments to the Borough to pay the energy loan. Any revenues would be shared equally between the Borough and Providence. The Borough's funds would go into the building fund to maintain the building. Providence would provide daily maintenance. If Providence provided inadequate the lease will be terminated immediately. The Hospital Advisory Board would have a strong function. A ten -year lease was discussed that could be canceled at anytime and that maintained assembly control. Alaskan health care professionals would be brought to Kodiak to work with staff to maintain and improve the health care delivery system. There was also a reduced risk of financial loss to taxpayers. At Assemblymember Milligan's question, Mayor Selby said the individual patient would make the final decision where to receive health care. In response to Assemblymember Johnson, Mayor Selby said he did not anticipate an increase in patient fees. At Assemblymember G. Stevens' inquiry, Mayor Selby said the first of February was the move date even without the contract in place. He expected a 60 day transition period. In response to Assemblymember Milligan, Mayor Selby said that anytime staff was in the area, they viewed the condition of the Anton Larson Bay Dock. The Troopers and Fish and Game employees also took note of the condition. Assemblymember Milligan thought the dock would be more useable by replacing the logs with used tires. In response to his inquiry, Mayor Selby agreed that commercial vessel owners abused the use of the Anton Larson Bay dock, but the Borough had no enforcement personnel. At questions raised by Assemblymember Johnson, Mayor Selby said the logs at the dock would be reviewed to determine if they had a structural function. Regular Assembly Meeting January 16, 1997 Volume X III Page 93 OLD BUSINE88 None. NSW BUBIN85S A. AWARDS 1. Contract No. 95 -59A Deacidification and CONTRACT Preservation of Historical Documents of the NO. 95 -59A Kodiak Island Borough. (Original Assembly Minutes, BOE Minutes, and Planning and Zoning Commission Minutes) G. STEVENS, seconded by JOHNSON Mayor Selby reported this was a final project to deacidify original Borough documents. This would be the last expenditure. VOTE ON MOTION TO AWARD Ayes: JOHNSON, seconded by W. STEVENS Regular Assembly Meeting January 16, 1997 moved to award Contract No. 95 -59A to Brown's River Records Preservation Services of Essex, Vermont in an amount not to exceed $9,200. Abell, Bonney, Johnson, Milligan, G. Stevens, W. Stevens, Heinrichs Noes: None MOTION CARRIED Unanimous 2. Contract No. 97 -01 Retaining Thomas F. CONTRACT Klinkner of Birch, Horton, Bittner and NO. 97 -01 Cherot as Bond Counsel for the Near Island Research Facility Revenue Bonds. moved to award Contract No. 97 -01 to Thomas F. Klinkner of Birch, Horton, Bittner and Cherot of Anchorage, Alaska. Mayor Selby reported that Mr. Klinkner had been retained by the Borough for all bond issues since 1979. He always provided quality work. OLD BUSINESS NEW BUSINESS AWARDS Volume xxu Page 94 In response to Assemblymember Milligan, Mayor Selby said the necessary insurance would be provided. At questions raised by Assemblymember Heinrichs, Mayor Selby anticipated issuing the revenue bonds at $6 million; initially it was estimated at $10 million but since the state municipal bond bank would be utilized, that reduced bonds. The cost of issuing the bonds was estimated to be $250,000. In response to Assemblymember Milligan, Mayor Selby said the funds would come from the proceeds of the bond, and if not sold, there would be no cost. VOTE ON MOTION TO AWARD Ayes: Noes: None MOTION CARRIED Unanimous 3. Contract No. 97 -02 Retaining Daniel Kaplan CONTRACT of Kaplan Financial Consulting, Inc. As NO. 97 -02 Financial Adviser For the Near Island Research Facility Revenue Bonds. W. STEVENS, seconded by MILLIGAN Regular Assembly Meeting January 16, 1997 Bonney, Johnson, Milligan, G. Stevens, W. Stevens, Abell, Heinrichs moved to award Contract No. 97 -02 to Brian Rogers & Associates and Kaplan Financial Consulting, Inc. of Fairbanks, Alaska and Wilmette, Illinois. Mayor Selby reported that Mr. Kaplan had been positive to work with in the past and always had bonds rated as triple A. Assemblymember Milligan felt that those opposed to the facility were in the minority. Mayor Selby outlined that he anticipated a signed lease by February 28. Assemblymember Bonney viewed it as a win -win situation for Kodiak. Volume XXII Page 95 VOTE ON MOTION TO AWARD Ayes: Noes: MOTION CARRIED B. RESOLUTIONS Ayes: Noes: None Regular Assembly Meeting January 16, 1997 Johnson, Milligan, G. Stevens, W. Stevens, Abell, Bonney, Heinrichs None Unanimous RESOLUTIONS 1. Resolution No. 97 -04 Authorizing the RESOLUTION Records Manager to Dispose of Certain NO. 97 -04 Kodiak Island Borough Records. Presented for consideration was Resolution No. 97 -04 that, if adopted, disposed of certain records that were not of historical, legal, or administrative value and met the minimum retention requirements. JOHNSON, moved to adopt seconded by STEVENS Resolution No. 97 -04. Mayor Selby said this would allow the Clerk to destroy records held beyond the retention schedule. In response to Assemblymember G. Stevens, Clerk Smith stated that pertinent documents had been microfilmed. VOTE ON MOTION TO ADOPT Milligan, G. Stevens, W. Stevens, Abell, Bonney, Johnson, Heinrichs MOTION CARRIED Unanimous 2. Resolution No. 97 -05 Declaring A RESOLUTION Willingness to Accept Maintenance and NO. 97 -05 Operation Responsibility for Otmeloi Way When It Is Improved to Kodiak Island Borough Standards. Presented for consideration was Resolution No. 97 -05 that, if adopted, declared the Assembly's willingness to accept maintenance and operation responsibility for Otmeloi Way from the state of Alaska once it was improved to Borough road standards, including walkway /bike trail improvements. Volume JCS Page 96 JOHNSON, moved to adopt seconded by BONNEY Resolution No. 97 -05. Mayor Selby said the Borough was working with the Department of Transportation to secure funds to bring Otmeloi Way up to Borough standards. In response to Assemblymember Milligan, Mayor Selby said two years ago the Service District No. 1 Board recommended that the road be upgraded. The need was to bring the road up to Borough standards and build a bike trail to ensure the safety of students. Assemblymember Milligan was concerned about burdening the service district without the Board's approval. In response to Assemblymember G. Stevens, Mayor Selby said supporting documents were requested but not received. At questions raised by Assemblymember Johnson, Mayor Selby said the Board's approval of two years ago was sufficient. He noted that other State roads were not maintained. Assemblymember Abell, previous Service District No. 1 Board member, concurred that the Board agreed. Assemblymember Milligan appreciated Assemblymember Abell's comments, but he felt a formal written statement was needed. VOTE ON MOTION TO ADOPT Ayes: Noes: None Regular Assembly Meeting January 16, 1997 G. Stevens, W. Stevens, Abell, Bonney, Johnson, Milligan, Heinrichs MOTION CARRIED Unanimous 3. Resolution No. 96 -31A Appointing a Hearing RESOLUTION Examiner and Approving a Dispute Resolution NO. 96 -31A Procedure. Presented for consideration was Resolution No. 96 -31A that, if adopted, appointed Stanton P. Beck, Esq. to act as hearing examiner in the matter of a dispute between the Kodiak Island Borough and MKB Constructors, J.V. W. STEVENS, moved to adopt seconded by MILLIGAN Resolution No. 96 -31A. Volume XXQ Page 97 Mayor Selby said the resolution changed the dates of the hearing. He noted that the court ruled that the hearing officer was acceptable. He suggested amendments to the resolution. Hearings would be held in Seattle, which was cost - effective, because the Borough's expert witness lived in Seattle. W. STEVENS, seconded by MILLIGAN Ayes: Noes: None Regular Assembly Meeting January 16, 1997 moved to amend Resolution No. 96 -31A by replacing in Section 3 the words: "and the Kodiak Island Borough Assembly on February 4 or 11, 1997" with the words: "in early March in Seattle "; by deleting the words: "to the Kodiak Island Borough Assembly "; by replacing the words: "by January 24, 1997" with the words: "prior to the hearing "; by replacing in Section 4 the words: "March 7" with the words: "April 17 "; and by replacing the words: "March 20" with the words: May 1 ". In response to Assemblymember G. Stevens, Mayor Selby said the hearing examiner would meet with the Assembly on February 17. MEB would be allowed to make comments. The hearing would take two to three days, was cost effective, and provided a realistic approach to determine good recommendations. In response to Presiding Officer Heinrichs, Mayor Selby said the hearing would establish a record and recommendations to be forwarded to the Assembly. After the presentation from the hearing examiner, the Assembly could convene into executive session if needed. It was important to resolve the issue so the sub contractors could be paid. VOTE ON MOTION TO AMEND W. Stevens, Abell, Bonney, Johnson, Milligan, G. Stevens, Heinrichs Volume XXll Page 98 MOTION CARRIED Unanimous At questions raised by Assemblymember Milligan, Mayor Selby said this was not a pending court matter and there was no other recourse to ensure payment. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Abell, Bonney, Johnson, Milligan, G. Stevens, W. Stevens, Heinrichs Noes: None MOTION CARRIED Unanimous After a ten minute recess at 9:12 p.m., Presiding Officer Heinrichs reconvened the regular meeting C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 97 -01 Establishing the Kodiak Island Borough's Intention to Surplus and Sell Tax Foreclosed Parcels Acquired by the Borough During the Tax Years 1991, 1992, 1993, and 1994, and An Assembly Finding That a Public Need Does Not Exist for These Properties. Presented for consideration was Ordinance No. 97 -01 that, if adopted, established that properties acquired by the Kodiak Island Borough by clerk's deed pursuant to tax foreclosure would be sold at the next Kodiak Island Borough land sale. JOHNSON, seconded by W. STEVENS moved to adopt Ordinance No. 97 -01 in first reading to advance to public hearing on February 6, 1977. Mayor Selby said there were thirteen parcels proposed for auction. The Borough would retain delinquent taxes and penalties from proceeds of the sale and the remainder would be remanded to the property owner. There was no discussion by the Assembly. VOTE ON MOTION TO ADVANCE Ayes: Bonney, Johnson, Milligan, G. Stevens, W. Stevens, Abell, Regular Assembly Meeting January 16, 1997 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 97 -01 Volume )QQI Page 99 Noes: MOTION CARRIED OTHER ITEMS 1. Request for Funding to Operate a Recycling REQUEST TO Facility by Thresholds Services, Inc. for a OPERATE Six Month Period. RECYCLING BONNEY, FACILITY seconded by MILLIGAN Assemblymember Milligan asked that maps of the remote parcels be available for the next work session. D. OTHER ITEMS Regular Assembly Meeting January 16, 1997 Heinrichs None Unanimous moved to approve funding to Thresholds Services, Inc. of Kodiak in an amount not to exceed $4,000 per month for six months. Mayor Selby relayed that the Assembly previously approved a six month lease for the facility. Almost three times as much was recycled at the facility in the past three months as in the prior seven months. The waste stream analysis depicted that 50 percent of the landfill was cardboard and, if recycled, the life of the landfill would be extended. Assemblymember Johnson wanted a projection on the expected life of the landfill based on the amount of recycling done by Thresholds. Assemblymember Bonney felt this was good for Kodiak. The facility did not recycle aluminum so other organizations would benefit by recycling aluminum. Assemblymember Milligan was concerned about increased recycling and diminished returns. Assemblymember W. Stevens stated the mandate of the program was to provide a work site for people with developmental disabilities. Joe Kelley, Thresholds Board member, said the desire was to provide services to the community as well as vocational opportunities for those with disabilities. There were currently three full time employees but several worked on a temporary basis. In response to Assemblymember Milligan, Mr. Kelley related that Michael Lehnert, a VISTA volunteer, Volume )0aI Page 100 would work with Thresholds for at lease one year. The need was to promote recycling in the community. Assemblymember G. Stevens applauded Thresholds for their efforts. Mr. Kelly said there was a positive reward in recycling. VOTE ON MOTION TO APPROVE Ayes: Noes: MOTION CARRIED Noes: Johnson, Milligan, G. Stevens, W. Stevens, Abell, Bonney, Heinrichs None Unanimous 2. Appointments to Airport Advisory Committee. JOHNSON, seconded by W. STEVENS VOTE ON MOTION TO APPOINT MOTION CARRIED JOHNSON, seconded by MILLIGAN Regular Assembly Meeting January 16, 1997 moved to appoint Robert Himes and Arlen Zacharias to three -year terms to expire December 1999 on the Airport Advisory Committee. Mayor Selby was pleased that people were interested in serving on committees. There was no discussion by the Assembly. Ayes: Milligan, G. Stevens, W. Stevens, Abell, Bonney, Johnson, Heinrichs None Unanimous 3. Appointment to the Architectural Review Board /Building Code Board of Appeals. moved to determine the appointment to the Architectural Review Board /Building Code Board of Appeals by ballot. AIRPORT ADVISORY COMMITTEE APPOINTMENTS ARCHITECTURAL REVIEW BOARD APPOINTMENT Volume 70701 Page 101 In response to Assemblymember Milligan, Clerk Smith clarified that applications were accepted on an open basis and there was no deadline posted. VOTE ON MOTION TO VOTE BY BALLOT Ayes: G. Stevens, W. Stevens, Abell, Bonney, Johnson, Milligan, Heinrichs Noes: None MOTION CARRIED Unanimous After a tally of the ballots, Clerk Smith announced that Tom Templeton received the highest votes. MILLIGAN, seconded by W. STEVENS VOTE ON MOTION TO APPOINT Ayes: moved to appoint Tom Templeton to a three -year term to expire December 1999 on the Architectural Review Board /Building Code Board of Appeals. W. Stevens, G. Stevens, Abell, Bonney, Johnson, Milligan, Heinrichs Noes: None MOTION CARRIED Unanimous INFORMATIONAL MATERIALS (No action required) MATERIALS IONAL A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Womens Bay Service Area Board Meetings of April 18, May 19, and November 18, 1996. B. REPORTS None. C. OTHER None. CITIZENS' COMMENTS Martha Randolph phoned in to state her support for Iver Malutin's letter. Regular Assembly Meeting January 16, 1997 REPORTS OTHER CITIZENS' COMMENTS Volume XXII Page 102 ABSEXBLYNEMBER COMMENTS ASSEMBLYMEMBtLL. COMMENTS At Assemblymember W. Stevens' concern about storage of original Borough documents, Mayor Selby said it was planned to purchase a fire proof cabinet and store the records in a temperature controlled room. Assemblymember Milligan urged residents to call the governor's office in support of appointing a Kodiak resident to the Board of Fish. He noted the coming of Dr. Martin Luther King's birthday. Some regarded him as controversial but he felt Dr. King provided Americans with the best example of how to express a cause. Assemblymember Bonney related that building the hospital was controversial, but now that it was complete, the community should rally to support it. Assemblymember G. Stevens had received phone calls from the media regarding negotiations on the hospital lease. He suggested the Assembly meet with the Hospital Advisory Board. Presiding Officer Heinrichs reported that Clerk Smith would complete a calendar of meetings with boards. Assemblymember Johnson appreciated Assemblymember Milligan's comments about Dr. King and Assemblymember Bonney's comments about the hospital. He regarded the hospital as a visionary idea. Assemblymember Abell urged the community to recycle. Presiding Officer Heinrichs congratulated Kathryn Hemingway, Tom Dunham, and Finance Director Karl Short. He said elimination of the sewer surcharge in Service District No. 1 meant a savings of $12 per month. He noted the passing of Mr. Morris, whom he knew as the crossing guard at East Elementary School. He appreciated his kindness and attention to the safety of children. He announced that the assembly would meet in a work session on Thursday, January 30 at 7:30 pm in the borough conference room and a regular meeting on Thursday, February 6 at 7:30 pm in the assembly chambers. Members of the assembly would travel to Anchorage January 30 - February 2 to attend the Southwest Alaska Municipal Conference. Regular Assembly Meeting January 16, 1997 Volume XXII Page 103 EXECUTIVE SESSION MILLIGAN, seconded by W. STEVENS VOTE ON MOTION Ayes: Noes: MOTION CARRIED Unanimous Presiding Officer Heinrichs asked Matt Jamin to join in the executive session. He recessed the regular meeting at 10:05 p.m. At 11:02 p.m., Presiding Officer Heinrichs reconvened the regular meeting and announced that no action would be taken as a result of the executive session. There being no further business to come before the Assembly, the meeting adjourned at 11:03 p.m. ATTEST: A. B. O»n a T'• iitth-Y Z ta( Donna F. Smith, CMC /AAE Borough Clerk Approved: 02/06/97 Regular Assembly Meeting January 16, 1997 Exxon Valdez Oil Spill Litigation and Status Report. Bargaining Unit Negotiations Report. moved to convene into executive session for an Exxon Valdez oil spill litigation and status report and bargaining unit negotiations report. Abell, Bonney, Johnson, Milligan, G. Stevens, W. Stevens, Heinrichs None 9 7 (1 t ( i�yra7� Robin Heinrichs Presiding Officer EXECUTIVE SESSION ADJOURNMENT Volume XXII Page 104