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1997-05-15 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting May 15, 1997 A regular meeting of the Kodiak Island Borough Assembly was held May 15, 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 Father Roger Boucher of the Star of the Sea Chapel, followed by the Pledge of Allegiance. There were present: Robin Heinrichs, Presiding Tom Abell Tuck Bonney Mike Milligan Gary Stevens Wayne Stevens absent: Bob Johnson comprising a quorum of the Assembly; and Jerome Selby, Mayor Judi Nielsen, Deputy Clerk Connie Lanahan, Records Manager Karl Short, Finance Director Assemblymember Bob Johnson was out of town and asked to be excused. REGULAR MEETING ROLL CALL G. STEVENS, moved to excuse seconded by MILLIGAN Assemblymember Johnson VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote APPROVAL OF APPROVAL OP AGENDA AGENDA W. STEVENS, moved to approve the seconded by MILLIGAN agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote Regular Assembly Meeting May 15, 1997 Volume XXII Page 221 APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of April 17, 1997. G. STEVENS, seconded by W. STEVENS Assemblymember Milligan wanted to include in the minutes his statement that people with health insurance and those without correlated with people who supported the budget and those who did not. The minutes would reflect the correction. VOTE ON MOTION TO APPROVE AS CORRECTED moved to approve the minutes of April 17, 1997. MOTION CARRIED Unanimous voice vote APPROVAL OF — MINUTES AWARDS AND AWARDS AND PRESENTATIONS PRESENTATIONS A. Student of the Month STUDENT OF THE MONTH Mayor Selby presented the Student of the Month Award to Emeliana Valdez, a junior at Kodiak High School. B. Proclamations Mayor Selby proclaimed the week of May 11 -17 Police POLICE WEEK Week, urging all Kodiak Island Borough citizens to recognize the dedicated service provided by our local peace officers and to honor those officers on May 15 who have sustained disabling injuries or lost their lives in the performance of their duties. Sergeant Darlene Turner of the Alaska State Troopers accepted the proclamation. Mayor Selby proclaimed the week of May 11 -17 National NATIONAL SENIOR Senior Center Week, urging all citizens to recognize CENTER WEEK the support services provided by the Kodiak Senior Center and the important contribution made by senior citizens in our community. Evelyn Mortimer, Kodiak Senior Center president, accepted the proclamation. She thanked the Assembly and said she appreciated their recognition of seniors. Mayor Selby proclaimed the month of "May Be Kind to BE KIND TO Animals Month ", urging all pet owners to practice ANIMALS MONTH responsible pet ownership by training their pets to become valued and respected members of our community. Kathy Lopez, People for Pets representative, accepted the proclamation. She said there were as many pets as humans, and the goal was to have as many well behaved pets as possible. Regular Assembly Meeting May 15, 1997 PROCLAMATIONS Volume XXII Page 222 Mayor Selby acknowledged receipt of an award from the Kodiak Little League in appreciation of the site work at Coon Field. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Reverend Far"' C1ar)t introduced himself and Marilyn Davidson as Kodiak Baptist Mission Board members. They were available to answer questions regarding program changes at the Mission. Kathy Lopez, said she felt there were positive program changes at the Mission. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS Assemblymember W. Stevens said the Hospital Advisory Board met for the first time since the official transfer to Providence. Health care opportunities would be broadened to serve the community well. He also reported on the first meeting of the Road System Fire Protection Task Force. He felt a sense of cooperation and hoped to bring positive recommendations to the Assembly by July 15, 1997. Assemblymember Milligan said the Planning and Zoning Commission met on May 7 to discuss the Beaver Lake overlay. Residents were in attendance. Packet review would be on May 14 for the May 21 regular meeting. Assemblymember Abell said he could only attend one day of the two day Strategic Planning Committee meeting. He said they were working on tracking. Presiding Officer Heinrichs also attended the Planning and Zoning Commission meeting. He was pleased that the Commission was ready to advance proposed changes to Title 17 regarding non - conformities. PUBLIC HEARING None. Regular Assembly Meeting May 15, 1997 CITIZENS' COMMENTS COMMITTEE REPORTS PUBLIC HEARING Volume XXII Page 223 E MESSAGES FRO!' MESSAGES FROM THE BOROUGH MAYOR MAYOR Mayor Selby said the Legislature had recessed and Kodiak faired well. It was a ten -year process but Shuyak Park was a reality. The Safe Communities Bill was adopted but not signed. The villages would receive a minimum of $37,600 in municipal revenue assistance that would help them meet their financial obligations. The municipal capital matching grants were increased by $5,000,000, including an additional $61,000, to complete the hospital renovation. Also, there was funding for the power cost equalization program that was important to the villages. Education and debt service funding and debt service reimbursements would be fully funded by the state. The community clean -up was a great success. The waste disposed included 47 vehicles, 200 gallons of waste oil, 2 totes of batteries, and 15 drums of other waste. He thanked the City for providing 15,000 cubic yards of rock from their Woody Way project for the BMX bike track. The material from the NIRF construction site was not adequate for the track. He expected the track to be completed by the end of the summer. A special assembly meeting was scheduled for June 10 to consider the hearing examiner's proposed findings of fact and conclusions of law on the MKB contract dispute. The ruling was heavily in favor of the Borough. If MKB disagreed with the findings, they could appeal to the state. He outlined the capital projects funded by the Legislature as follows: Larsen Bay breakwater and harbor construction, $900,000; City of Kodiak harbor construction, $500,000; airport apron and taxiway paving, $3.1 million; snow removal for DOT, $2 million; Akhiok landfill site, $28,000; St. Herman's Harbor facilities, $214,000; hospital, $61,505; Peterson Elementary School addition, $129,952; Larsen Bay erosion control, $25,000; Old Harbor building upgrade, $26,000; Ouzinkie power generation and control, $25,000; and Port Lions water dam replacement, $26,000. There was also $1,630,000 for the waste management study in the villages. The governor still had the ability to veto any of the funding. Mayor Selby commended Betty Walters, Superintendent of Schools, and Carol Hagel, Kodiak Community College Regular Assembly Meeting May 15, 1997 Volume XXII Page 224 director, for collaborating to allow high school and college students to attend classes at both facilities. There could be a cost savings to the high school and provide an invaluable experience for high school students by introducing them to the college experience. It would also help ensure that the college was retained as a viable community college. He reported that the assessor certified the assessed values for 1997 at $681,342,890. In response to Presiding Officer Heinrichs, Mayor Selby said funds were available to pay the matching grants of $70,000 for Peterson Elementary School and $20,000 for the hospital. At Assemblymember G. Stevens' inquiry, Mayor Selby reiterated that the June 10 special meeting was scheduled for the Assembly to hear and adopt the hearing examiner's findings on the MKB contract. Once this process was complete, MKB could either accept the decision or appeal to the state. He said the sub - contractors had not been paid. OLD BUSINESS OLD BUSINESS None. NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 97 -22 Salvage Archaeology and CONTRACT Curation of Certain Cultural Resources NO. 97 -22 Impacted During the Construction of the Near Island Research Facility. W. STEVENS, moved to award Contract seconded by MILLIGAN No. 97 -22 to Kodiak Alutiiq Museum in an amount not to exceed $19,647. Mayor Selby said an artifact was found at the site, and the Kodiak Alutiiq Museum was retained to assess whether there were other artifacts. This contract would allow Museum staff to remove any artifacts found and place them for safekeeping at the Museum. In response to Presiding Officer Heinrichs, Mayor Selby said the University of Alaska was cooperative and gave the Borough an easement for the road. The University was apprised of the previous artifact Regular Assembly Meeting May 15, 1997 Volume XXR Page 225 1 find, and the state historic preservation officer was involved to ensure that this was done correctly. Mayor Selby appreciated the work of Bud Cassidy, resource management officer. Assemblymember Milligan felt this was a fantastic opportunity. He wondered if additional funds would be needed. Mayor Selby said Bud Cassidy completed all the permitting, and any additional expense would be covered under the contractors' site work. Assemblymember G. Stevens wanted an agreement that named the Kodiak Alutiiq Museum as the repository for any artifacts found on Borough property. Assemblymember Abell was glad to see local people working on the project. He noted that the Alutiiq Museum's bid was the substantially lower bid. Presiding Officer Heinrichs was pleased to have the resource available locally. VOTE ON MOTION TO AWARD Ayes: Noes: None Absent: Johnson MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 97 -21 Approving the Fiscal RESOLUTION Year 1998 Kodiak Island Borough Non Profit NO. 97 -21 Funding. Presented for consideration was Resolution No. 97 -21 that, if adopted, approved the contribution to non profit benevolent organizations in the amounts indicated for a total of $341,733. MILLIGAN, moved to adopt seconded by G. STEVENS Resolution No. 97 -21. Mayor Selby said the Borough's funding for non profits was level with last year. The Legislature, however, had placed a six percent reduction on revenue sharing funds, and that effected three of the non profits. Regular Assembly Meeting May 15, 1997 Abell, Bonney,Milligan, G. Stevens, W. Stevens, Heinrichs Volume XXQ Page 226 Assemblymember Milligan thought to review the total non profit funding and debate the allocation later. He was concerned about funding for the Mission. He said Mayor Selby reported that a $90,000 PERS reimbursement was received, and he wondered if that could be used to increase non profit funding. Mayor Selby said there was $40,000 available, but he did not propose increasing non profit funding because the Assembly stated a desire for level funding. He said the assembly could increase non profit funding. In response to Assemblymember Bonney, Mayor Selby said $50,000 of the $90,000 was in the budget to reinstate the personnel assistant position. The total positions lost was reduced from five to four. Assemblymember Bonney saw this as community money. When he asked if the Assembly could decide how to spend the funds, Mayor Selby responded affirmatively. At Assemblymember Abell's question, Mayor Selby said there was $10,000 in the capital projects fund for the Kodiak Rodeo and Fairgrounds project. At Presiding Officer Heinrichs' inquiry, Mayor Selby said funds for Port Lions were also available in the capital projects fund. Mayor Selby added that Port Lions requested $12,000 for furnishings, but they also would seek funds from other sources, so the Borough budgeted $10,000. Responding to Assemblymember Milligan, Mayor Selby said the Rodeo Board requested $16,000, but also sought funds from other sources. He said $10,000 was for machine work, $2,000 for materials, and $4,000 for labor. He thought the Board could negotiate with the contractor to reduce costs. Assemblymember Bonney applauded the Baptist Mission for walking away from state funding and improving programs. He wanted to keep children well. He did not want to cut their funding. The Mission was an intricate part of the community for over 50 years. MILLIGAN, seconded by ABELL Regular Assembly Meeting May 15, 1997 moved to amend Resolution No. 97 -21 by adding $20,000 of the extra $40,000 to the total of $341,733 for a new total of $361,733. Volume XXII Page 227 Assemblymember Milligan, in response to Presiding Officer Heinrichs, said he was looking at the total figure and funds could be specifically allocated later. He felt non - profits provided a great benefit to those unable to afford programs. Assemblymember W. Stevens said the $341,000 included state funds, and the Assembly should only amend the borough funds. After discussion about the purpose of the resolution. Presiding Officer Heinrichs said he thought to establish funding for specific non profits. It was not legally binding, but it was an indication of Assembly intent. Assemblymember Bonney wanted to discuss the entire $90,000. He would fund $50,000 to the schools or non profits rather than reinstate a position. MILLIGAN, seconded by ABELL VOTE ON MOTION TO AMEND THE AMENDMENT Ayes: Regular Assembly Meeting May 15, 1997 moved to amend the amendment by moving the $20,000 to the total Borough contribution of $303,630 for a new total of $323,630. Milligan, G. Stevens, W. Stevens, Abell, Heinrichs Noes: Bonney Absent: Johnson MOTION CARRIED 5 Ayes, 1 Noe Assemblymember G. Stevens opposed the amendment. He recognized the value of non - profits and understood the effect of inflation, but he wanted to hold the line on funding. Assemblymember W. Stevens viewed the $90,000 as a windfall that he did not want to spend too hastily. Assemblymember Bonney wanted to discuss the entire $90,000 at work session. VOTE ON MOTION TO AMEND AS AMENDED Ayes: Milligan Volume XXQ Page 228 Noes: Absent: Johnson G. Stevens, W. Stevens, Abell, Bonney, Heinrichs. MOTION FAILED 1 Aye, 5 Noes Assemblymember W. Stevens encouraged the Assembly to maintain level funding for all non profits. He also wanted to monitor how funds were utilized. Assemblymember G. Stevens clarified that the Mission was a part of the community for over 100 years. At his question, Reverend Clark said he understood the Mission received no state funds. Mayor Selby said the Borough received revenue sharing funds based on the number of beds at the Mission. If their pending license application was approved, the Mission would receive the funds. If not approved, the Borough would not receive the funds. Responding to Assemblymember G. Stevens, Reverend Clark said there was one full -time employee and 17 volunteers. Currently, all people who participated in the program were Borough residents; whereas, previously, the state required that the Mission work with hard core cases from around the state. Also, young people arrested for possession could attend the alternative skills program and not be jailed. Marilyn Davidson said the Mission's alternative programs included mentoring and pre - school programs, and programs would continue to be expanded. She thought the overall budget was approximately $300,000. Mayor Selby clarified that the Mission's budget was $335,800. Reverend Clark encouraged the Assembly to visit the Mission for a tour of the campus. Assemblymember Abell noted there were many youth programs in Kodiak, and he was concerned that the Mission was not providing programs as chartered. He wanted every dollar to count. There was general Assembly discussion about the quality programs provided to the community. ABELL, moved to amend seconded by MILLIGAN Resolution No. 97 -21 by Regular Assembly Meeting May 15, 1997 Volume XXII Page 229 reducing the Kodiak Baptist Mission total of $27,500 to $17,500 and designate the $10,000 to the Port Lions Project. Assemblymember Abell saw the Port Lions Project as one time funding. Next year the Mission could be reviewed again. When Assemblymember G. Stevens said he thought to monitor the $27,000 with quarterly payments, Mayor Selby said all funding over $5,000 was paid in two payments: one in July and one in January. Assemblymember G. Stevens felt two payment was adequate. At this time, he did not want to reduce the Mission's funding. He asked for input from the Mission in January. Responding to Assemblymember Milligan, Mayor Selby said Port Lions asked for funds to purchase furniture for their new community hall. The hall was built with grant funds from the state. VOTE ON MOTION TO AMEND Ayes: Noes: Absent: MILLIGAN, seconded by BONNEY Regular Assembly Meeting May 15, 1997 None G. Stevens, W. Stevens, Abell, Bonney, Milligan, Heinrichs. Johnson MOTION FAILED Unanimous Mayor Selby related that the University of Alaska would reduce the Kodiak College budget by $109,000. He suggested increasing funding to the College by $10,000. He felt that would send a signal that the community wanted to retain the college. When Assemblymember Milligan suggested funding at $15,000, Mayor Selby said the desire was to send the message. moved to amend Resolution No. increasing the College figure $33,000 by $11, a total of $45, 97 -21 by Kodiak of 000 for 000. Volume XXII Page 230 Assemblymember Bonney was opposed to spending any funds until discussion at a work session. In response to Assemblymember Abell, Mayor Selby said funding could be increased at a later time. With non - profit funding determined, the June 5 meeting could be reserved for the remainder of the budget. Assemblymember W. Stevens felt the $11,000 would show community interest in adult education. He thought to review the need for a mid -year budget adjustment after the University of Alaska funding was in place. Assemblymember Abell was pleased to hear that the $11,000 was for Kodiak's adults. VOTE ON MOTION TO AMEND Ayes: W. Stevens, Abell, Milligan, Heinrichs Abstain: G. Stevens Noes: Bonney Absent: Johnson MOTION CARRIED 5 Ayes, 1 No Assemblymember G. Stevens' abstaining vote was cast to the prevailing side. Assemblymember Milligan complimented Presiding Officer Heinrichs for drafting the resolution. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Abell, Bonney, Milligan, G. Stevens, W. Stevens, Heinrichs Noes: None Absent: Johnson MOTION CARRIED Unanimous After a ten minute recess at 9:20 p.m., Presiding Officer Heinrichs reconvened the regular meeting. Regular Assembly Meeting May 15, 1997 Volume 1OQI Page 231 C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 97 -10 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 1997 and Ending on the Thirtieth Day of June 1998 (1998 Fiscal Year Budget) Presented for consideration was Ordinance No. 97 -10 that, if adopted, set the 1998 fiscal year tax levy. MILLIGAN, seconded by W. Stevens moved to adopt Ordinance 97 -10 in first reading to advance to public hearing on June 5, 1997. Mayor Selby said that the Assembly, during goals and objectives, set the tone for the Fiscal Year 1998 Budget. Department heads were asked to attain those goals in the most cost effective way. Mayor Selby narrated the Fiscal Year 1998 Budget with a computerized slide presentation presented by Karl Short, finance director. The overall budget of $104,069,109 included a 2.5 mill increase. He outlined that the budget consisted of the general fund of $10,680,340, special revenue funds, debt service funds, enterprise funds, and capital projects funds. The capital projects fund was substantial because the Near Island Research Facility and the hospital were included at $20 million each. The school district budget was $22 million with a goal to provide quality education. During the presentation, several questions were raised. Although Mayor Selby budgeted $30,200 from the Wildlife Refuge, there was a dispute on the actual amount to be received. Any funds received next year would be considered windfall money. He said an increase in, the mill levy in three years would depend on the amount of state funds received and the Borough's ability to control growth and expenses. The $13,000,000 of bonded debt per capita was not unusual. By maintaining a high bond rating, Regular Assembly Meeting May 15, 1997 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 97 -10 Volume X341 Page 232 the Borough was able to secure the lowest interest rate when borrowing money. He said the hospital fund balance was for equipment replacement. After a ten minute recess at 10:40, Presiding Officer Heinrichs reconvened the regular meeting. Assemblymember Milligan appreciated the detailed presentation. He said neither general fund monies nor the tax increase were for the hospital remodel. Mayor Selby said hospital remodel funds were part of the debt service that the voters approved. If additional funds were needed, the question would go before the voters. He said the $2.8 million major maintenance fund had significant interest earnings and could be used for the hospital. The maintenance fund received capital project funds when the facilities fund was established, and that was approved by the Assembly only after Shuyak Island was sold for $36 million. Responding to Assemblymember Bonney, Mayor Selby said the Mental Health Center was operating in the red by $518,000. The hospital transfer to Providence would allow a one -time transfer of $500,000 as a fiscal year 1997 year -end budget adjustment. He expected changes at the Center to create a level budget. Assemblymember Bonney saw a $145,000 increase at the Center with the new psychiatrist. Mayor Selby said the psychiatrist would generate funds. Assemblymember Bonney felt the community could not afford the loss. He thought increased taxes would cause residents to leave Kodiak. Assemblymember Milligan felt Assemblymember Bonney's concerns were valid. He wanted to review the use of the fund balance at the school district. Mayor Selby viewed the funds in the fund balance as a cushion. In response to Presiding Officer Heinrichs, Mayor Selby said a hospital audit was underway. VOTE ON MOTION TO ADVANCE Ayes: Noes: None Regular Assembly Meeting May 15, 1997 Bonney, Milligan, G. Stevens, W. Stevens, Abell, Heinrichs Volume XXII Page 233 Absent: MOTION CARRIED D. OTHER ITEMS G. STEVENS, seconded by MILLIGAN Noes: None Absent: Johnson MOTION CARRIED Unanimous G. STEVENS, seconded by W. STEVENS VOTE ON MOTION Ayes: 1. Vacation of a Portion of Perenosa Drive Right -of -Way, Generally Located in Kadiak Alaska Subdivision, 1st Addition. (3405, 3410, and 3542 Perenosa Drive) Noes: None Regular Assembly Meeting May 15, 1997 Johnson Unanimous moved to approve the vacation of a portion of Perenosa Drive right -of -way, generally located in Kadiak Alaska Subdivision, 1st Addition. (3405, 3410, and 3542 Perenosa Drive) There was no discussion by the Assembly. VOTE ON MOTION Ayes: Milligan, G. Stevens, W. Stevens, Abell, Bonney, Heinrichs moved to approve the transfer of the Kodiak Island Hospital van to the Kodiak Senior Center. Assemblymember G. Stevens noted that the van was donated to the hospital by Fern Fuller. When he said it was a good use for the community, Mayor Selby said senior hospital patients would also be served. G. Stevens, W. Stevens, Abell, Bonney, Milligan, Heinrichs OTHER ITEMS VACATION 2. Transfer of the Kodiak Island Hospital Van TRANSFER OF to the Kodiak Senior Center. HOSPITAL VAN Volume XXQ Page 234 Absent: Johnson MOTION CARRIED Unanimous 3. Architectural Review Board /Building Code Board of Appeals Member Resignation. G. STEVENS, seconded by W. STEVENS VOTE ON MOTION Noes: None Absent: Johnson MOTION CARRIED Unanimous Regular Assembly Meeting May 15, 1997 moved to accept, with regret, the resignation of Woody Koning from the Architectural Review Board. Mayor Selby thanked Mr. Koning for an outstanding job and commended him as a major contributor to the Board. Responding to Assemblymember G. Stevens, Deputy Clerk Nielsen said an exit interview was scheduled for the May 29 work session. Ayes: W. Stevens, Abell, Bonney, Milligan, G. Stevens, Heinrichs Noes: None Absent: Johnson MOTION CARRIED Unanimous 4. Near Island Research Facility 95 Percent Plans and Specifications. W. STEVENS, moved to approve the seconded by G. STEVENS Near Island Research Facility 95 Percent Plans and Specifications There was no discussion by the Assembly. VOTE ON MOTION Ayes: Abell, Bonney, Milligan, G. Stevens, W. Stevens, Heinrichs ARB RESIGNATION NIRF 95 PERCENT DRAWINGS Volume XXII Page 235 INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF L 4R MEETINGS B. REPORTS REPORTS C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Abell was not sure about changing policy while working with the school district budget. Presiding Officer Heinrichs said Dr. Mark Withrow and Assemblymember Wayne Stevens were appointed to the Providence Alaska Service Area Board. He felt the region would be well represented. He announced the assembly would meet in work session Thursday, May 29, at 7:30 pm in the borough conference room and a regular meeting on Thursday, June 5 at 7:30 pm in the assembly chambers. There being no further business to come before the Assembly, the meeting adjourned at 11:15 p.m. ADJOURNMENT ATTEST: 1. Architectural Review Board Meeting of October 14,1996. 2. Parks and Recreation Committee Meeting of February 24, 1997. 3. Monashka Bay Road Service District Board Meeting of March 11, 1997. 4. Planning and Zoning Commission Meeting of March 19, 1997. 1. Kodiak Island Borough April 1997 Financial Report. 2. Engineering /Facilities Department April 1997 Project Updates. onna F. Smith, CMC /AAE Borough Clerk Regular Assembly Meeting May 15, 1997 Robin Heinrichs Presiding Officer Approved: 07/03/97 OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXII Page 236