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1997-10-16 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held October 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. The invocation was given by Pastor David Nelson of St. Paul's Lutheran Church, followed by the Pledge of Allegiance. There were present: ROLL CALL Robin Heinrichs, Presiding (arrived at 8:10 p.m.) Wayne Stevens, Deputy Presiding Tom Abell Tuck Bonney Bob Johnson Mike Milligan Gary Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith, CMC /AAE, Clerk Tina Seelinger, Records Manager Linda Freed, Community Development Director G. STEVENS, seconded by JOHNSON Assemblymember Heinrichs was attending an award program with his son and would join the meeting following the program. APPROVAL OF AGENDA BONNEY, moved to approve the seconded by G. STEVENS agenda. VOTE ON MOTION TO APPROVE Regular Assembly Meeting October 16, 1997 KODIAK ISLAND BOROUGH Regular Assembly Meeting October 16, 1997 moved to excuse Assemblymember Heinrichs. REGULAR MEETING APPROVAL OF AGENDA Volume XXIII Page 131 MOTION CARRIED APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS A. Student of the Month STUDENT OF THE MONTH Mayor Jerome Selby presented the Student of the Month Award to Lester Lukin, Port Lions School senior. B. Proclamation Mayor Selby read the proclamation proclaiming the week of October 19 - 25, 1997 National School Bus Safety Week. Scott Greenstreet, Laidlow Transit manager, accepted the proclamation. He thanked the community for their support as it takes all doing their part. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing and General Comments. Gilbert Morein wanted the mill rate decreased by 2.5 mills and services cut. COMMITTEE REPORTS Regular Assembly Meeting October 16, 1997 Unanimous voice vote Assemblymember Johnson reported the final report of the Town Meeting on education would be presented to a joint work session of the assembly and city council on October 21, 1997. The report would be distributed and copies available at the borough clerk and city clerk offices. He thanked Scott Greenstreet for providing bus transportation to and from the Town Meeting. APPROVAL OF MINUTES AWARDS AND PRESENTATIONS CITIZENS' COMMENTS COMMITTEE REPORTS Volume XXIII Page 132 PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. A. Ordinance No. 97 -10A Amending Ordinance No. ORDINANCE 97 -10 Fiscal Year 1998 Budget to Accept Funds to NO. 97 -10A Create an Enterprise Account for the Kodiak Area Transit System (KATS). Presented for consideration, Ordinance No. 97 -10A, if adopted, provided the mechanism for receiving funds, through the establishment of an enterprise account, to initiate a transit system for the Kodiak urban area. MILLIGAN, moved to adopt seconded by JOHNSON Ordinance No. 97 -10A. Mayor Selby explained that the project had been underway for quite some time with the local transit committee working with state and federal entities. He examined the revenues and expenses. The committee did an outstanding job in successfully seeking grant funds for the local economy. This 18 month trial project would allow time to evaluate the fare receipt revenues and grant renewals with no tax dollar contribution. The transit system provided benefits to nonprofits and their clientele, the Coast Guard community, and the entire community. Deputy Presiding Officer W. Stevens opened the public hearing. Evelyn Mortimer, Senior Citizens past president, said this project did not do business as usual because the project coordinated agency's transportation needs to allow disabled, seniors, students, and tourist to get to destinations and appointments. The 18 month trial would allow all to become familiar with the program. The senior citizens strongly support the program as it fit in with their agency's mission to allow seniors to live at home. Regular Assembly Meeting October 16, 1997 Volume XXIII Page 133 Mike Machulsky agreed with the remarks of the previous speaker. He gave a history of the grant for a study to address the unmet needs for transportation in the community -- school children, seniors, mental health clients, and those without personal transportation. He pointed out that residents from the villages would benefit. Times had changed in that the burden was on nonprofits to do more cost effectively, but the needs had not changed, in fact, they had increased. The pilot program was fully funded. Mike Eads reported that cab business had decreased. This project was using free monies that would affect over 70 people in the cab business making a living. It would hurt too many families in the community and was very unfair to people who work in the community. Patrick Cross, Hope Cottages director, noted that Hope Cottages supports 40 individuals who would receive a major benefit with this program by increasing their ability to be included in the community. A low cost public transportation system would be an economic boost to the community. Wanetta Ayers examined the visitor's perception of Kodiak and the lack of affordable transportation. The system would benefit those who travel on budgets as well as seasonal workers. Responding to Assemblymember Milligan, Ms. Ayers said she had worked in communities that had public transportation and taxi service. She understood the concerns of the cab owners and thought some visitors would continue to use the cabs as a source of transportation. The transit system would aid visitors traveling on restricted budgets as well as seasonal workers. She added, on a personal note, that in the last six months she used taxis and would appreciate an affordable system. Scott Arndt commended the nonprofits instrumental in acquiring the grants. He referred to Resolution No. 97 -02 in that the Borough would not subsidize the system and felt that it should be included in the Regular Assembly Meeting October 16, 1997 Volume XXIII Page 134 ordinance. He also thought a governing board comprised of different agencies in the community would make it work. He objected to the proposal that showed a system to Marine Hill because it should be just the core area between Bayside Grocery and the state airport. He supported it if it was dependent on the agencies providing the funds but thought more work was needed before passage. Seeing and hearing no further public testimony, Deputy Presiding Officer W. Stevens closed the public hearing. Assemblymember Milligan asked Mike Eads to return to the podium to ask him about the theory in the study that cab business could increase. Mr. Eads did not think that someone who rode a bus would take a cab. (Assemblymember Heinrichs arrived at 8:10 p.m.) Mr. Eads still felt more would suffer because of the transit system -- people who have lived here for years, not tourists. Assemblymember Milligan thought it was an interesting dilemma in that the cab business was not doing well but unserved people in the community were not being served by the cab companies. He saw enough unmet needs to adopt this project. Assemblymember Abell noted the transportation system would utilize funds already in the community through nonprofits. There would be different clientele using the system. He felt there was a place for both transportations systems - -cab and transit. Assemblymember G. Stevens had serious concerns about a Borough subsidy in the future although the resolution set the policy for no Borough subsidy. It would be harder to say no to a borough subsidy in the future. G. STEVENS, seconded by BONNEY Regular Assembly Meeting October 16, 1997 moved to amend to add as Section 5 the words: "Passage of this Volume XXIII Page 135 ordinance in no way authorizes the Kodiak Island Borough to subsidize a transit system." Assemblymebmer G. Stevens thought this wording made a very clear statement there was no interest in subsidizing the transit system. Assemblymember Milligan thought there might be a willingness to subsidize in the future. If the system needed a big subsidy, the Assembly would hear an outcry at that time. Assemblymember Abell thought it seemed the Borough did pay extra on enterprise funds. He thought the amendment made it clear that at this time there were no thoughts to back the project in any way. Assemblymember Johnson did not think the amendment accomplished anything because it was just someone's opinion. The plan presented was carefully researched as well as the need was researched. Assemblymember G. Stevens noted that enterprise funds had a tendency to become permanent Borough programs with staff. He felt a need to watch the project carefully. Assemblymember Heinrichs was not in favor of a subsidy but was content to let the decision be made in two years after the pilot program. Assemblymember Bonney felt that if the amendment was not passed, the Borough would subsidize. The amendment gave a clear signal that funds would need to be found elsewhere. VOTE ON MOTION TO AMEND Ayes: Abell, Bonney, G. Stevens Regular Assembly Meeting October 16, 1997 Volume XXIII Page 136 Noes: Johnson, Milligan, Heinrichs, W. Stevens MOTION FAILED 3 Ayes; 4 Noes Assemblymember Milligan pointed out that some concerns of those who supported the amendment could be brought up at any time because those members would be on the Assembly when the pilot project period was up. He hoped other concerns would not be waylaid but would continue to be brought up. There was a foundation established in the resolution. Assemblymember G. Stevens was willing for a trial period but was concerned about the cabs. He asked about an advisory board. Mayor Selby explained that the appointment of a nine member advisory board was in the proposal. As the ordinance for consideration established the fund, there would be several other actions that would follow. Responding to Assemblymember Johnson, Mayor Selby said there were no employees in the ordinance. Assemblymember G. Stevens explained that government had a way a growing even though intentions were good in the beginning, e.g., the landfill. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Deputy Presiding Officer W. Stevens called a recess at 8:43 p.m. Regular Assembly Meeting October 16, 1997 Bonney, Johnson, Milligan, G. Stevens, Heinrichs, Abell, W. Stevens None Unanimous Volume XXIII Page 137 Following the recess, the Deputy Presiding Officer passed the gavel to Presiding Officer Heinrichs. ORDINANCE B. Ordinance No. 97 -21 Rezoning a Thirty -eight Acre NO. 97 -21 Portion of Lot 34, U.S. Survey 2539 From RR1- Rural Residential One To C- Conservation. (Generally Located at Bruhn Point in Womens Bay) JOHNSON, moved to adopt seconded by BONNEY Ordinance No. 97 -21. Mayor Selby explained the zoning changed from rural residential zoning to conservation at the request of the owner of the property. It was zoned conservation prior to 1986. The Planning and Zoning Commission recommended the rezone. Presiding Office Heinrichs opened the public hearing. Dave Nesheim, Leisnoi, Inc. agent, was available to answer questions. Seeing and hearing no further public testimony, Presiding Officer Heinrichs closed the public hearing. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Regular Assembly Meeting October 16, 1997 Johnson, Milligan, G. Stevens, W. Stevens, Abell, Bonney, Heinrichs None Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby distributed a memo from Senator Stevens indicating progress in including Alaskan canned pink salmon in food aid packages to North Korea and the intention to continuing advocating the use of the salmon. Volume XXIII Page 138 A thank you from Representative Young and the chair of the Deferred Maintenance Task Force was received. Confirmation was received from Jim Stratton, Director of Alaska State Parks, that $25,000 to extend Island Lake trail beyond Safeway and $25,000 for design work on the end of the road Monashka Bay /Anton Larsen trail was appropriated. If acquisition of Termination Point does not close by April, another $45,000, as well as some additional funds on closed - out projects, would be available. The land sale was rescheduled to March to accomplish all that needed to be done before a land sale. He was preparing to distribute salary information. He met this week with the Alaska Department of Transportation (ADOT) on the State -Wide Transportation Improvement Program (STEP) to increase points on the Otmeloi Way project and to increase the points for the Anton Larsen Road project. Due to a state computer error, the placement of the Selief Lane project will change to 1999 instead of 2001 for construction. The "Y" was funded as well as Deadmans Curve. Even though a first -time project on the list, the "S" curve at Pasagshak was funded. During his comments about enterprise funds, he noted that over the next twelve month period, 130 Borough enterprise fund employees would have moved into the private sector with the move of the Mental Health Center. The National Association of Counties (NACo) urged funding of the payment -in- lieu -of -tax (PILT) program at $120 million - -$13 million more than a year ago- - and to remove or extend the cap. That continued to be a major program for NACo as well as the endangered species act that could close our fisheries. There was a need to pay close attention to the act. Right of way access and the opening of ANWR would be addressed at the western states annual meeting to be held in Juneau May 20 -23, 1998. Regular Assembly Meeting October 16, 1997 Volume XXIII Page 139 He spoke of the proposal for a universal telecommunication service for rural areas to help equalize the costs with urban areas. The Alaskan room at the Kodiak City library was complete with all Alaskan books. The City was grateful for the Borough's contribution. The library would be competing for additional grants to complete some projects. He received an acknowledgment from the Coast Guard on the transfer of parcels at Sargent Creek to the Borough. A quote was received from Advanced Risk for review with the City, school district, and Borough on self - funding insurance programs. It showed a significant decrease in costs for the 590 employees in the three organizations. The Womens Bay Natural Use Plan would be reviewed at a meeting on October 20, 1997 at 7:00 p.m. at the Womens Bay fire hall. OLD BUSINESS OLD BUSINESS None. NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS None. B. RESOLUTIONS 1. Resolution No. 97 -43 Ratifying and RESOLUTION Certifying the Results of the Kodiak Island NO. 97 -43 Borough Municipal Election on October 7, 1997. Presented for consideration was Resolution No. 97 -43 that, if adopted, certified the results of the election. Regular Assembly Meeting October 16, 1997 Volume XXIII Page 140 G. STEVENS, moved to adopt seconded by MILLIGAN Resolution No. 97 -43. Clerk Smith reported that all of the ballots were counted and the results in the resolution were final. The voter turnout was 21 percent. Responding to Assemblymember G. Stevens, Clerk Smith said voter turnout was usually 26 percent. At his shock that the Flats precinct voter turnout was so low, she explained that the precinct included the Coast Guard base registered voters who usually do not vote on municipal issues. She explained that the tie on the Monashka Bay Road Service Area Board was broken by a drawing, as provided by code. VOTE ON MOTION Ayes: Noes: MOTION CARRIED W. STEVENS, seconded by JOHNSON Regular Assembly Meeting October 16, 1997 Milligan, G. Stevens, W. Stevens, Abell, Bonney, Johnson, Heinrichs None Unanimous C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS OTHER ITEMS 1. Requests for Proposals for the Management KODIAK AREA and Operation of the Kodiak Area Transit TRANSIT SYSTEM System. RFP moved to authorize solicitation of proposals for the management and operation of the Kodiak Area Transit System. Volume XXIII Page 141 Mayor Selby said the committee would review the proposals to forward a recommendation for negotiations for a final contract. Responding to Assemblymember Milligan, Mayor Selby said there were no restrictions on who could bid. Linda Freed, Community Development Department director, was asked to come forward to answer questions of the Assembly. Director Freed explained that the proposal was developed and modified from a boiler plate document to ensure it met the needs of the community. Her goal was for the Assembly to see the intent of the proposal while studying the whole system. The start -up date was forecast for January 1, 1998, to allow a longer period of response. The Assembly would make the final decision on the contract award. Assemblymember W. Stevens pointed out that the description of the project was directly from the project plan developed in 1994, and the action requested would authorize staff to start the bid process for the Assembly's final consideration. Continuing to respond to Assemblymember questions, Director Freed said the Assembly had the choice to see all the bids, although an advisory board could make a recommendation. G. STEVENS, moved to postpone until seconded by BONNEY November 6, 1997. Assemblymember Stevens explained his motion was to not rush because there were many issues not clear in his mind. Assemblymember Bonney wanted to compare the top three bidders. Assemblymember Milligan thought postponement would threaten the project because there was the benefit of starting the project as soon as possible. Regular Assembly Meeting October 16, 1997 Volume XXIII Page 142 Assemblymember W. Stevens questioned whether postponement would allow the Assembly any more input because the proposal was based on the transit plan of 1994. Assemblymember Johnson opposed the postponement because the plan was reviewed. Assemblymember Bonney thought questions could be answered after the proposal was advertised. Responding to Assemblymember G. Stevens, Mayor Selby said the Assembly would not see the request -for- proposal (RFP) until the bids came in. The RFP contained the schedule developed by the nonprofit organizations. The proposals could return with better ideas that would be entertained by the Assembly. MOTION WITHDRAWN Concurrence of second VOTE ON MOTION Ayes: G. Stevens, W. Stevens, Abell, Bonney, Johnson, Milligan, Heinrichs Noes: MOTION CARRIED Regular Assembly Meeting October 16, 1997 None Unanimous 2. Oath of Office to Newly- Elected NEWLY- ELECTED Assemblymembers. OATH OF OFFICE Clerk Smith administered the oath of office to newly - elected Assemblymembers Scott Arndt and Gary Stevens. ASSEMBLYMEMBER 3. Presentation to Out -Going Assemblymember. PRESENTATION Presiding Officer Heinrichs presented a plaque to out -going Assemblymember Mike Milligan. Assemblymember Milligan roasted the mayor, assemblymembers, news reporters, and staff with his interpretation of each ordering a Big Mac. Volume XXIII Page 143 INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Fire Protection Area No. 1 Board Meeting of September 9, 1997. 2. Kodiak Island Borough School Board of Education Special Meeting of October 6, 1997. B. REPORTS REPORTS 1. Kodiak Island Borough School Board of Education Regular Meeting Summary of September 22, 1997 and Special Meeting Summary of October 6, 1997. C. OTHER None. CITIZENS' COMMENTS Wanetta Ayers reminded the Assembly it was expected there would be 6,000 additional visitors next year. Diana Buffington telephoned with her hopes the Assembly got the messages to keep down taxes and curb spending. Mike Machulsky thought the community was looking for a change. He believed in a participating government. He challenged the Assembly to keep informed because the community gave its citizens the right to not vote for the mayor and put the Borough in the Assembly's hands. There would be many changes coming to the community, so he urged the Assembly to be well - informed and listen to their constituents. Ginny Sargent telephoned to say thank you for the transit system. She had sent the original letter requesting a transit system. Regular Assembly Meeting October 16, 1997 OTHER CITIZENS' COMMENTS Volume XXIII Page 144 ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember W. Stevens congratulated Lester Lukin. He thanked Assemblymember Milligan for his long tenure on the Assembly and his global perspective. Assemblymember Milligan really enjoyed being on the Assembly. He thought one of his most rewarding accomplishments was defending nonprofit organizations and the education endowment. He tried to practice politics of inclusion. He felt the community was in good hands and that Assemblymember -elect Arndt had good connections with the school district. Assemblymember Bonney did not forget this was a fishing community that needed help such as the transit system. While diversification was needed, it was important to remember to work on the main industry -- fishing. While he supported the transit system, he saw the need to be diligent. Assemblymember G. Stevens served on the Assembly six years with Assemblymember Milligan. He always respected his position because it came from the heart. Assemblymember Johnson would miss Assemblymember Milligan and hoped he would appear before the Assembly to remind them of the need to concentrate on diversification and the fishing industry. Assemblymember Abell added he would miss Assemblymember Milligan. Presiding Officer Heinrichs paid a tribute to the amazing journeys of Assemblymember Milligan. He remembered Lisa Pikus and expressed condolences to her family and friends. He announced the Assembly would meet in a joint assembly /council work session on Tuesday, October 21, at 7:30 p.m. in the borough conference room; a tour of Peterson Elementary School at noon on Wednesday, October 22; a work session on Thursday, October 30 at 7:30 p.m. at the Bayside Fire Hall; and a regular Regular Assembly Meeting October 16, 1997 Volume XXIII Page 145 meeting on Thursday, November 6 at 7:30 p.m. in the assembly chambers. Members of the assembly would travel to Ketchikan November 12 -14 to attend the Alaska Municipal League Conference. EXECUTIVE SESSION A. Litigation with Leisnoi, Inc. W. STEVENS, seconded by BONNEY Noes: MOTION CARRIED Regular Assembly Meeting October 16, 1997 moved to convene into executive session for discussion on the litigation with Leisnoi, Inc. Assemblymember -elect Scott Arndt was asked to join the executive session. VOTE ON MOTION Ayes: W. Stevens, Abell, Bonney, Johnson, Milligan, G. Stevens, Heinrichs None Unanimous Presiding Officer Heinrichs recessed the regular meeting to convene the executive session at 10:13 p.m. Following the executive session, the Presiding Officer announced there would be no action as a result of the executive session and reconvened the regular meeting at 10:48 p.m. EXECUTIVE SESSION Volume XXIII Page 146 There being no further business to come before the ADJOURNMENT Assembly, the meeting adjourned at 10:49 p.m. ATTEST: donna F. Smith, CMC /AAE Borough Clerk Regular Assembly Meeting October 16, 1997 Robin Heinrichs Presiding Officer APPROVED: 11/06/97 Volume XXIII Page 147