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1997-02-06 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held February 6, 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. The invocation was given by Envoy Ned Ortiz of the Salvation Army, followed by the Pledge of Allegiance. There were present: Robin Heinrichs, Tom Abell Bob Johnson Gary Stevens APPROVAL OF AGENDA MILLIGAN, seconded by G. STEVENS VOTE ON MOTION TO AMEND MOTION CARRIED MOTION CARRIED Regular Assembly Meeting February 6, 1997 KODIAK ISLAND BOROUGH Regular Assembly Meeting February 6, 1997 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 Steve Hobgood, Engineering /Facilities Director Ron Riemer, Environmental Engineer G. STEVENS, moved to approve seconded by MILLIGAN the agenda. VOTE ON MOTION TO APPROVE AS AMENDED moved to amend the agenda to add as item #15 Executive Session on Bargaining Unit Negotiations and Kodiak Island Hospital Management /Lease Negotiations and renumber items accordingly. Unanimous voice vote Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA Volume YQUI Page 105 APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of January 16, 1997. JOHNSON, seconded by MILLIGAN In response to Presiding Officer Heinrichs, Mayor Selby said page six of the minutes should reflect the cost of the bonds at $250,000. The minutes would reflect the correction. VOTE ON MOTION TO APPROVE AS CORRECTED MOTION CARRIED AWARDS AND PRESENTATIONS moved to approve the minutes of January 16, 1997. Unanimous voice vote AWARDS AND PRESENTATIONS A. Employee of the Month EMPLOYEE OF THE MONTH Mayor Jerome Selby presented the Employee of the Month Award to Kaye McClain, projects assistant in the Engineering and Facilities Department. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing gathy Colwell asked when lands on Beaver Lake would be for sale. Mayor Selby said the Assembly had not set a date. Ms. Colwell, Horseshoe Lake Community Association president, said a recent newspaper article indicated that the development of property north of Beaver Lake was eminent. She felt the Comprehensive Plan clearly indicated it was public use land. She saw a need for open and beautiful space, and development of the property would be a loss to the area. Jim Blackburn, KMXT Board of Directors member, thanked the Assembly for their consideration of Contract No. 97 -04. He said it was important that KMXT receive assistance in financing the building. Brien Cloudy, Selief Lane resident, agreed with Ms. Colwell's comments. She said the article sent shock waves through Selief Lane residents. She and other residents accompanied the Planning and Zoning Commission on a memorable trip around the back side of Beaver Lake. She regarded the area as a natural Regular Assembly Meeting February 6, 1997 APPROVAL OF MINUTES CITIZENS' COMMENTS Volume XXII Page 106 watershed. Residents were waiting for the next step in the Commission process. Frank M>>eg Selief Lane property owner, was opposed to selling the property. He preferred to maintain a natural site or establish a park. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Assemblymember Milligan attended the Economic Development Committee meeting where ongoing projects were discussed. The Kodiak Shiplift Survey was completed and prepared by John Pfeifer, Kodiak Chamber of Commerce Economic Development Director. Also discussed was placing on the agenda a committee to review revitalization of the downtown area. He encouraged those interested in serving on the committee or receiving a copy of the survey to contact Mr. Pfeifer. Assemblymember Johnson reported that the Planning and Zoning Commission recently failed to grant a conditional use permit for a log transfer facility in Kaisin Bay. The Commission has a extensive list of agenda items that need prioritization. He reported that the Town Meeting outlined a need for economic development and a broadening of the tax base with the release of Borough lands for private use. Assemblymember Milligan attended the Southwest Alaska Municipal Conference (SWAMC). Presentations were made on fish issues. Senate Bill 40 was addressed specifically to the awareness of potential damage to fisheries. At the direction of the SWAMC president, there was a thorough study on past resolutions to create a revised, current position package. Assemblymember W. Stevens reported that SWAMC relayed a need for cooperation and collaboration within the fishing community to determine market needs. Good points on value -added were brought forward. Assemblymember G. Stevens said the Borough was involved in SWAMC and the Alaska Municipal League because of economic interest and the ability to have a strong voice on legislation. Regular Assembly Meeting February 6, 1997 :i Volume 3OCII Page 107 Regular Assembly Meeting February 6, 1997 Assemblymember Johnson reported that value -added prepared and packaged fish in a new way. Loans were available to develop different fish products. The need was to market all of Kodiak's fisheries. PUBLIC HEARING PUBLIC HEARING All ordinances presented at this meeting were introduced by title only and copies made available to the public. A. Ordinance No. 97 -01 Establishing the Kodiak ORDINANCE Island Borough's Intention to Surplus and Sell NO. 97 -01 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. W. STEVENS, moved to adopt seconded by MILLIGAN Ordinance No. 97 -01 Mayor Selby identified the 13 parcels located in remote areas, Kodiak city, and Bells Flats. The Commission reviewed the properties and determined none were needed for public purpose. This was a declaration of surplus property for a land sale. Presiding Officer Heinrichs called for public testimony; hearing and seeing none, he reconvened the regular meeting. Assemblymember Milligan outlined that the Borough followed the state requirement to publish the names of delinquent property owners eight times before taking action. This was not a process to acquire property. The process was set up for citizens to pay for community services and every effort was made for property owners to pay back taxes. He thanked staff for providing maps that identified remote parcel locations. In response to Assemblymember G. Stevens, Mayor Selby said publication and legal costs were added to the amount due; however, staff time was not added. Each year the tax, interest, penalties, publication, and legal fees increased. Some of the properties were on the delinquent list for four years. Volume XXII Page 108 VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous Abell, Bonney, Johnson, Milligan, G. Stevens, W. Stevens, Heinrichs MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby anticipated that a legislative bill that designated Shuyak Island as a state park would move through this session with little fiscal impact. Senate Bill 29 on safe communities that dealt with revenue sharing and municipal assistance formula was moving through the process. An important aspect was the $40,000 minimum for the villages throughout the state. That would create stability in the villages because in many cases that was their only source of revenue to operate their municipal government. Negotiations with Providence were complete. He expected a public hearing at the next assembly meeting. Discussions were underway with Alaska Industrial Development and Export Authority (AIDEA) on the Mark Air Terminal building. He would negotiate with the General Services Administration (GSA) on the National Oceanic and Atmospheric Administration (NOAA) lease portion of the Near Island Research Facility (NIRF) building next week. Once the Alaska Department of Fish & Game language changes were incorporated they should be prepared to sign the lease. Four million dollars was verbally authorized for buy down on the NOAA lease which would affect the size of the bond needed for the balance of the building. He was close to receiving a guaranteed maximum price from the contractors. The final documents would be before the Assembly for approval. The Coast Guard C 130 aircraft issue was resolved. They will remain in Kodiak. The SWAMC focused on fish issues and transportation systems and the marine highway and support for using the new ferry in Kodiak and the rest of southwest. Regular Assembly Meeting February 6, 1997 :i Volume XXII Page 109 He reminded that the Education Summit would be held Thursday, February 13 at 6 p.m. The focus would be on how the education system and business community could work together to ensure that stronger and smarter employees were coming out of Kodiak schools. Governor Knowles would speak at a chamber forum at noon on February 13, as well as at the summit. Assemblymember Milligan referred to a recent lobbyist report regarding funding to the Alaska Aerospace Development Corporation. Mayor Selby said the President of the Senate and the Speaker of the House were clearly upset that their request for funding had not been accomplished. The Alaska Science and Technology Foundation (ASTF) was given ten days to transfer the funds. ASTF was in jeopardy but negotiations were in progress and he thought the money would be released soon. OLD BUSINESS None. NEW BUSINESS A. AWARDS AWARDS 1. Contract No. 97 -04 Subordination of CONTRACT Reversionary Interest to Deed of Trust NO. 97 -04 Between the Kodiak Island Borough and Kodiak Public Broadcasting, Co. JOHNSON, moved to approve seconded by MILLIGAN Contract No. 97 -04. Mayor Selby said there was a deed restriction that allowed the Assembly to maintain control of how the property was developed. The bank requested removal of the deed restriction. This agreement would ensure that the property would revert to the Borough if there was a default. The Borough attorney reviewed and recommended approval. VOTE ON MOTION TO APPROVE Ayes: Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting February 6, 1997 Bonney, Johnson, Milligan, G. Stevens, W. Stevens, Abell, Heinrichs OLD BUSINESS NEW BUSINESS Volume IOII Page 110 2. Contract No. 97 -05 Engineering Consulting CONTRACT Services for the Kodiak Island Borough NO. 97 -05 Master Waste Management Planning Services. MILLIGAN, moved to approve seconded by W. STEVENS Contract No. 97 -05 with Montgomery Watson Americas, Inc. of Anchorage in an amount not to exceed $200,000. Mayor Selby said a $250,000 grant was received from the Exxon Valdez Trustee Council to do solid waste planning for the entire Kodiak Island Borough. The selection committee comprised of village, Coast Guard, and staff representatives evaluated and recommended approval. The contract provided a solid plan of environmental protection for village landfills, sewer and water, metals, used oil, and chemicals. Once the plan was in place, additional funds could be requested from the Council to correct the problems identified. VOTE ON MOTION TO APPROVE Ayes: Noes: None MOTION CARRIED Unanimous 3. Contract No. 97 -06 Analytical Laboratory Services for Kodiak Island Borough Landfill Facility. W. STEVENS, seconded by MILLIGAN Regular Assembly Meeting February 6, 1997 Johnson, Milligan, G. Stevens, W. Stevens, Abell, Bonney, Heinrichs moved to award Contract No. 97 -06 to Columbia Analytical Services, Inc. of Anchorage. Mayor Selby explained that the contract was for sampling and analysis of the landfill leachate, groundwater from monitoring wells, stormwater drainage, and wastewaters. Columbia's bid was the lowest of three bids received. JOHNSON, moved to amend the seconded by BONNEY motion by adding the words: "for the unit prices specified in its bid for calendar years 1997 and 1998." CONTRACT NO. 97 -06 :i Volume XXII Page 111 VOTE ON MOTION TO AMEND Ayes: Noes: None MOTION CARRIED Unanimous In response to Assemblymember Bonney, Mayor Selby said $20,000 was budgeted, but any remaining funds would be returned to the general fund. VOTE ON MOTION TO AWARD AS AMENDED Ayes: Regular Assembly Meeting February 6, 1997 Milligan, G. Stevens, W. Stevens, Abell, Bonney, Johnson, Heinrichs G. Stevens, W. Stevens, Abell, Bonney, Johnson, Milligan, Heinrichs Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS None. INFORMATIONAL MATERIALS (No action required) 1. KIB School District Board of Education Regular Meeting of December 16, 1996 and Special Meeting of January 13, 1997. 2. RI Hospital and Care Center Advisory Board Meeting of December 11, 1996. 3. MIS Steering Committee Meeting of October 16, 1996. 4. Bayview Road Service District Meeting of December 11, 1996. RESOLUTIONS ORDINANCES Fes' INTRODUCTIO' OTHER ITEMS INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS Volume flfl Page 112 B. REPORTS C. OTHER 1. KIB January 1997 Financial Report. 2. KIB School District December 1996 Financial Report. 3. Engineering /Facilities January 1997 Project Updates. 1. KIB School District Board of Education January 20 Regular Meeting and January 22, 1997 Special Meeting Summary Report. CITIZENS' COMMENTS CITIZENS' None. COMMENTS ASBENBLYNEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember W. Stevens appreciated Ms. Colwell's comments; he resided on Selief Lane since 1983 when it was not a through street. He was frustrated at how to fund education without raising property taxes yet faced with "not in my backyard" to increase the tax base. He appreciated "not in my backyard" but wanted a compromise for sustainable development without overtaxing property owners. It was a dilemma of not raising taxes, not allowing development, but funding education. Assemblymember Milligan spoke to the rocket launch facility. He understood there was a classification of rockets and those that were benign were safe for Kodiak. The community should be informed if that was changed to star wars type rockets. Assemblymember Bonney related that Senator Mackie's bill to fund value -added was important. He agreed with Assemblymember W. Stevens on "not in my backyard ", but he often thought the area was suitable for a park. He looked forward to lively discussion. Assemblymember G. Stevens was glad the C 130 presence would stay in Kodiak. He noted the need for more service from the ocean going ferry. He considered Kodiak a logical base for the ferry. Assemblymember Johnson related that Mission Lake was reasonably skatable when frozen. Assemblymember Abell missed two K -8 Housing meetings. He would secure information for the Assembly. He Regular Assembly Meeting February 6, 1997 REPORTS OTHER th Volume XXII Page 113 noted that the ferry was serving other Alaskan communities and Kodiak was left without. Presiding Officer Heinrichs announced the assembly would meet in work sessions Wednesday, February 12 and Thursday, February 13 at noon in the borough conference room and a regular meeting on Thursday, February 20 at 7:30 pm in the assembly chambers. On behalf of the Assembly, he encouraged residents to attend the Education Summit on Thursday, February 13 from 6 p.m. to 10 p.m. in the Kodiak High School Auditorium commons. 15, EXECUTIVE SESSION 1. Bargaining Unit Negotiations. 2. Kodiak Island Hospital Management /Lease Negotiations. MILLIGAN, seconded by JOHNSON VOTE ON MOTION MOTION CARRIED Unanimous voice vote Presiding Officer Heinrichs announced that no action was anticipated as a result of the executive session. At 8:44 p.m. Presiding Officer Heinrichs recessed the regular meeting into executive session. At 9:24 p.m. Presiding Officer Heinrichs reconvened the regular meeting. There being no further business to come before the Assembly, the meeting adjourned at 9:25 p.m. ATTEST: onna F. Smith, CMC/ Borough Clerk Regular Assembly Meeting February 6, 1997 Moved to convene into executive session to discuss bargaining unit negotiations and Kodiak Island Hospital Management /Lease Negotiations. .(i21n1A- ci Robin Heinrichs Presiding Officer APPROVED: O2PoN97 EXECUTIVE SESSION BARGAINING UNIT NEGOTIATIONS KODIAK ISLAND HOSPITAL MANAGEMENT /LEASE NEGOTIATIONS ADJOURNMENT Volume XXII Page 114