1997-11-25 Regular MeetingA regular meeting of the Kodiak Island Borough
Assembly was held November 25, 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 Paul Smith of
St. James Episcopal Church, followed by the Pledge
of Allegiance.
There were present:
Gary Stevens, Presiding
Tom Abell
Robin Heinrichs
absent:
Tuck Bonney
KODIAK ISLAND BOROUGH
Regular Assembly Meeting
November 25, 1997
Scott Arndt
Wayne Stevens
Bob Johnson
comprising a quorum of the Assembly; and
Jerome Selby, Mayor
Tina Seelinger, Records Manager
Linda Freed, Community Development
Assemblymembers Bonney and Johnson were
on vacation and asked to be excused.
HEINRICHS,
seconded by ARNDT
VOTE ON MOTION TO EXCUSE
MOTION CARRIED
APPROVAL OF AGENDA
HEINRICHS,
seconded by W. STEVENS agenda.
Regular Assembly Meeting
November 25, 1997
Director
out -of -town
moved to excuse
Assemblymembers Bonney
and Johnson.
Unanimous voice vote
moved to approve the
REGULAR MEETING
ROLL CALL
APPROVAL OF
AGENDA
Volume XXIII
Page 169
VOTE ON MOTION TO APPROVE
MOTION CARRIED
APPROVAL OF MINUTES
Kodiak Island Borough Assembly meeting of November 6,
1997.
W. STEVENS,
seconded by HEINRICHS
Assemblymember Abell noted that his name was
misspelled in the minutes. The minutes would reflect
the correction.
VOTE ON MOTION TO APPROVE
MOTION CARRIED
AWARDS AND PRESENTATIONS
A. Student of the Month
Mayor Jerome Selby presented the Student of the Month
Award to Jennifer Clampffer, a senior at Larsen Bay
School, and to Ken Doctolero, a senior at the Kodiak
Area Wide School.
CITIZENS' COMMENTS
A. Agenda Items Not Scheduled For Public Hearing
and General Comments.
Gilbert Morein said the Town Meeting was a waste of
money. He wanted taxes cut, and he supported
consolidation.
COMMITTEE REPORTS
Phil Cline, Providence Kodiak Island Medical Center
administrator, said the $77,000 loss in October was
not unexpected in light of the peaks and valleys in
rural health care facilities. Revenues were down
Regular Assembly Meeting
November 25, 1997
Unanimous voice vote
moved to approve the
minutes of November 6,
1997.
AS CORRECTED
Unanimous voice vote
APPROVAL OF
MINUTES
AWARDS AND
PRESENTATIONS
STUDENT OF THE
MONTH
CITIZENS'
COMMENTS
COMMITTEE
REPORTS
Volume XXIII
Page 170
because two surgeons were absent and costs were
higher than normal due to one -time expenses. The
hospital remained ahead of budget and that trend was
expected to continue. He said the four month
strategic planning process was drawing to a close,
and he thanked Mayor Selby, Assemblymember Heinrichs,
and Assemblymember W. Stevens for participating.
Invitations were forthcoming for the open house on
December 17 in the remodeled specialty clinic.
Assemblymember W. Stevens spoke of Mr. Buckley's
article on the joint Kodiak Chamber of Commerce,
National Marine Fisheries Service, and Alaska Science
and Technology Foundation project to promote Alpha
Laval fish processing equipment. He reported that
Fish Expo was well attended and upbeat. He expected
changes in the fishing industry and fisheries
research in Kodiak would bode well for the community.
Assemblymember Heinrichs reported on the Alaska
Municipal League (AML) Conference in Ketchikan where
he attended a public hearing on proposed revisions to
the education foundation formula that he felt would
not bode well for Kodiak. The leadership and
deferred maintenance seminars were informative.
Former Governor Hickel proposed a Community Dividend
Program that would potentially benefit Kodiak.
He attended the Resource Development Council meeting
in Anchorage where he heard presentations on spruce
bark beetles, liquefied natural gas, the Indian
country lawsuit, the permanent fund, and inshore/
offshore issues.
Assemblymember Abell attended AML. He felt the
Kodiak school system faired well compared to other
districts in the state. At a tourism workshop, he
learned that Yakutat had problems with fishermen
bringing alcohol into a dry village. Discussion
focused on the need to keep Alaska environmentally
clean and to respect residents and their property.
Assemblymember Arndt attended the AML Newly Elected
Officials seminar where he had an opportunity to meet
Regular Assembly Meeting
November 25, 1997
Volume XXIII
Page 171
representatives from different communities in the
state and discuss similar problems.
Presiding Officer Stevens also attended the Resource
Development Council meeting. Attendees included
leaders of corporations and major resource
development companies. Discussion also focused on
mining, fisheries, oil, and, most importantly, how
subsistence would impact Kodiak's future.
PUBLIC HEARING
None.
MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM
MAYOR
Mayor Selby attended the AML Mayors Conference where
there was discussion with Southeast representatives
on a resolution disbursing the Four Dam Pool projects
to communities. He attended the AML Board meeting
where several resolutions were submitted. He chaired
the AML Investment Pool Board meeting and reported
that $129 million was invested in the Pool in
October. The overall interest return on the Pool for
the past year was .5 to .75 percent higher than the
open market. The Pool was based on: 1) preservation
of the principal; 2) liquidity; and 3) receiving a
high rate of return. The $50,000 contributed to AML
operation costs over two years was reduced prior to
computing the rate of return to municipalities.
Senator John Torgerson and Office of Management and
Budget representative Annalee McConnel met with
Southwest and Southeast representatives to discuss
the ferry system. Mayor Selby hoped the meeting
would help avoid a conflict between the legislature
and administration on management of the system.
Senator Torgerson was convinced that it was important
to retain all nine ferries.
Of the 17 resolutions adopted at AML, 10 were
introduced from Kodiak. Representatives on the four
policy sections were able to defend and ensure that
the resolutions moved to the general session on the
last day of the conference.
Regular Assembly Meeting
November 25, 1997
PUBLIC HEARING
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Page 172
He attended the AML /Joint Insurance Association (JIA)
annual meeting and noted that Karleton Short, Borough
Finance Director, received a risk management award
for attaining a positive track record for the
Borough's injury and loss control. That would mean a
refund of premiums in the future.
Annalee McConnell briefed him on the governor's
budget and asked for support on specific items. At
the August AML Board meeting, he introduced the
concept of a three percent increase in the school
foundation formula. Lt. Governor Ulmer attended the
meeting, and he was able to discuss with her the
ramifications of an increase. The Municipality of
Anchorage had a $40 million tax increase over a few
years, the Kenai Peninsula had a $20 million tax
increase over six years, and Kodiak had a $3 million
tax increase last year. These increases were
specifically related to education and reduced state
funding. Governor Knowles' budget would include an
inflationary increase for the school foundation
formula that was supported by some legislators.
He was pleased that the Deferred Maintenance Task
Force legislation was completed at the insistence of
the AML and the Conference of Mayors. Last year
deferred maintenance was ignored, and he suggested it
become a statewide issue. Two news conferences and
the first annual State of the Municipalities report
on Gavel to Gavel focused on deferred maintenance.
The Task Force proposed to spend $1.5 billion dollars
over the next six years to address deferred
maintenance in Alaska.
He attended the state parks' work session in Kodiak
where the park priorities and the planning process
were discussed. Good points were noted about the
needs in the Borough including Fort Abercrombie,
Buskin River, and Shuyak Island parks. Chiniak,
Termination Point, and Long Island lands were being
negotiated by the Trustee Council for state parks.
The state Transportation Improvement Program Document
was complete. Otmeloi Road would be funded in one
year, and the road past Pasagshak should be addressed
Regular Assembly Meeting
November 25, 1997
Volume XXIII
Page 173
next summer. Selief Lane received more points, but
the date had not changed. St. Paul Harbor repairs
was second in the state at $4.5 million and should be
one of the first projects funded. Other projects to
receive a total of $55 million were the St. Herman
inner harbor, dock repairs, the Port Lions spur
breakwater, and Larsen Bay and Ouzinkie harbors.
The Community Assistance Program Document outlining
the substantial work staff provided to the villages
was complete and would be updated annually.
Mayor Selby would introduce a resolution to submit a
grant application on behalf of Karluk for a new
clinic. The Borough would apply for the grant;
however, Karluk would be responsible for maintenance
of the facility through a cooperative agreement.
The annual CIP List that included village, city of
Kodiak, and Borough projects was distributed to the
governor and some legislators.
The Permanent Fund summary was distributed, and he
said it was interesting to speak with the individuals
originally involved in establishing the Fund because
most felt it had not achieved what was planned to
achieve.
He received a final report from Washington, D.C.
lobbyist Brad Gilman. The retroactive Refuge revenue
sharing payments of approximately $600,000 would be
included in the mid -year budget. The Payment -in -Lieu
-of -Tax was signed into law and the Borough would
receive funds. The new Katmai Park Coastal District
headquartered in Kodiak was adopted by law and
$100,000 was allocated for development and for link-
up with the Kodiak Fisheries Research Facility
offices. Other items listed in the report were the
Deserver Program, American Fisheries Act, fisheries
appropriations, and statewide subsistence concerns.
He was drafting a resolution establishing the Kodiak
Human Resources Investment Council, a coordinated
effort of 18 months by the self - sufficiency team and
state and federal agencies to establish a welfare to
Regular Assembly Meeting
November 25, 1997
Volume XXIII
Page 174
work and welfare to school program. He expected to
apply for grant funds to administer the program from
Kodiak rather than from Kenai or Anchorage.
Mike Milligan reported that he traveled to Cape
Canaveral, Florida where he witnessed a launch and
toured a launch facility similar to the proposed
facility for Kodiak. Witnessing the launch was an
emotional experience, and he spoke with fishermen
about the impact of launches and most were positive.
He also had an opportunity to visit Patrick Air Force
Base and Cape Kennedy, home of the shuttle launch.
He said there was incredible wildlife and vegetation
around the perimeter of the facility.
OLD BUSINESS
None.
NEW BUSINESS
A. CONTRACTS
1. Contract No. 97 -66 Agreement with Sisters CONTRACT
of Providence of Washington, dba Providence NO. 97 -66
Health Systems of Alaska, for the purpose
of Setting Forth Terms and Conditions
Pursuant to Providing Mental Health
Services.
W. STEVENS,
seconded by HEINRICHS
Regular Assembly Meeting
November 25, 1997
moved to approve
Contract No. 97 -66 with
Sisters of Providence
of Washington, dba
Providence Health
Systems of Alaska.
Mayor Selby said this was the final item to complete
the transfer of the Mental Health Center to
Providence. Staff received termination notices and
of those who applied for positions with Providence,
all but three received offers of employment effective
January 2, which was the target transfer date.
OLD BUSINESS
NEW BUSINESS
CONTRACTS
Volume XXIII
Page 175
This contract would purchase school mental health
services and complete the state contracted mental
health services for the current fiscal year ending
June 30, 1998 as well as the following fiscal year
ending June 30, 1999. The Borough would remain the
grantee through the current fiscal year and contract
to Providence. Next year Providence would receive
the grant directly. This time period allowed
Providence the opportunity to work with the school
district to develop and deliver a high quality school
program that would be evaluated for effectiveness.
Assemblymember Arndt was concerned that the school
year ended June, 1998 but the contact was effective
through June, 1999. Mayor Selby said this gave
Providence an opportunity to plan and implement the
program.
Assemblymember Arndt wondered if there would be a
need for more than the $33,300 per month. Mayor
Selby said there would be program changes but the
funds needed should not change. Providence
originally asked for three years but agreed to 18
months.
At Assemblymember Arndt's further question, Mayor
Selby said he expected to meet with the school
district and Providence soon to identify the short -
term needs to be addressed on January 2.
Assemblymember W. Stevens, Hospital Advisory Board
chair, participated in negotiations to transition the
hospital to Providence. He felt that with changes in
health care programs, the Borough could face
potential liabilities, and this enabled health care
professionals to manage the program.
In response to Assemblymember Heinrichs, Mayor Selby
said this would retain the grant and subcontract to
Providence to provide the service for the remainder
of the fiscal year. Next year, Providence would
apply for the grant.
Assemblymember Heinrichs asked if a cost higher than
$33,300 would dilute profit sharing to the Borough.
Regular Assembly Meeting
November 25, 1997
Volume XXIII
Page 176
Mayor Selby said the program would have separate
accounting. He said the $33,300 cost was based on
current services and was unlikely to be exceeded;
however, if more funds were needed, there would be
discussion between the Assembly, school district, and
Providence. He looked forward to reviewing the
services provided by Providence.
Responding to Presiding Officer G. Stevens, Mayor
Selby said services were provided through the summer.
At Presiding Officer G. Stevens' inquiry, Mr. Cline
said the desire was for a long -term relationship to
ensure program stability and success in providing
services.
VOTE ON MOTION TO APPROVE
Ayes:
Regular Assembly Meeting
November 25, 1997
Abell, Arndt,
Heinrichs, W. Stevens,
G. Stevens
Noes: None
Absent: Bonney, Johnson
MOTION CARRIED Unanimous
B. RESOLUTIONS RESOLUTIONS
1. Resolution No. 97 -45 Urging Governor RESOLUTION
Knowles and the Alaska State Legislature to NO. 97 -45
Assist on the Sale of the Four -Dam Pool
Hydroelectric Projects to the cities of
Ketchikan, Wrangell, and Petersburg, the
Kodiak Electric Association, and the Copper
Valley Electric Association.
Presented for consideration was Resolution No. 97 -45
that, if adopted, urged the governor and state
legislature to allow specific utilities to secure
ownership of four -dam pool hydroelectric projects.
HEINRICHS, moved to adopt
seconded by W. STEVENS Resolution No. 97 -45.
Volume XXIII
Page 177
Mayor Selby said Kodiak Electric Association (KEA)
requested the resolution. He deferred to Ed Kozak,
KEA manager.
Mr. Kozak gave a brief history of the Terror Lake
Project. KEA initially reviewed the project in the
1960's and prepared the engineering studies and
feasibility analysis but was unable to secure
construction funds. In the 1970's the state took
over the Four Dam Pool projects including Terror
Lake. The state was responsible for certain repairs
but funds for repairs were not available, and the
utilities filed a lawsuit in 1985. The lawsuit
settled out of court, and the state agreed to allow
self -help funds to be used for repairs. Negotiations
proceeded for two years, and a purchase price of $104
million, with a potential additional payment of $50
million, was offered. The state had not acted on the
still -valid offer.
Mr. Kozak added that the KEA Board, the Kodiak
Chamber of Commerce, and the City of Kodiak passed
resolutions in support. It was desirable for the
communities to own the projects because a survey
clearly identified that KEA members supported local
ownership, and the KEA Board saw local ownership and
control as the best way to reduce rates.
VOTE ON MOTION TO ADOPT
Ayes:
Noes: None
Absent: Bonney, Johnson
MOTION CARRIED Unanimous
2. Resolution No. 97 -46 Accepting a Grant from RESOLUTION
the Department of Environmental NO. 97 -46
Conservation for the Vertical Expansion of
the Kodiak Island Borough Landfill.
Regular Assembly Meeting
November 25, 1997
Arndt, Heinrichs,
W. Stevens, Abell,
G. Stevens
Volume XXIII
Page 178
Presented for consideration was Resolution No. 97 -46
that, if adopted, accepted landfill expansion grant
funds in an amount not to exceed $1,000,000.
W. STEVENS, moved to adopt
seconded by HEINRICHS Resolution No. 97 -46.
Mayor Selby said this was a dollar for dollar match
grant for the Borough landfill closeout, leachate
treatment, and expansion. This was a 30 -year plan
for continued use of the site, but he anticipated the
site to be useable for 50 -70 years.
VOTE ON MOTION TO ADOPT
Ayes:
Noes:
Absent:
MOTION CARRIED
C. ORDINANCES FOR INTRODUCTION
ARNDT,
seconded by W. STEVENS
Regular Assembly Meeting
November 25, 1997
Heinrichs, W. Stevens,
Abell, Arndt,
G. Stevens
None
Bonney, Johnson
Unanimous voice vote
1. Ordinance No. 97 -22 Reverting from a Mayor
Plan of Government to a Manager Plan of
Government.
Presented for consideration was Ordinance No. 97 -22
that, if adopted, adopted the manager plan of
government to establish the position of manager as
the chief administrator of the Kodiak Island Borough
to execute the laws and ordinances and administer
Borough government in accordance with the directions
and policies established by the Borough Assembly.
moved to adopt
Ordinance No. 97 -22 in
first reading to
advance to public
hearing on December 4,
1997.
ORDINANCES FOR
INTRODUCTION
ORDINANCE
NO. 97 -22
Volume XXIII
Page 179
Mayor Selby explained that state statutes required
the Assembly to adopt the manager form of government
within 60 days of the election.
There was no discussion by the Assembly.
VOTE ON MOTION TO ADVANCE
Ayes: W. Stevens, Abell,
Arndt, Heinrichs,
G. Stevens
Noes:
Absent:
MOTION CARRIED
D. OTHER ITEMS
HEINRICHS,
seconded by W. STEVENS
VOTE ON MOTION
Ayes:
Noes:
Absent:
Regular Assembly Meeting
November 25, 1997
None
Bonney, Johnson
Unanimous voice vote
Presiding Officer G. Stevens said the Assembly would
meet in Goals and Objectives in January to set
direction to accomplish the transition.
1. Resignation of Monashka Bay Road Service
Area Board Member.
moved to accept, with
regret, the resignation
of Dan Ogg from the
Monashka Bay Road
Service Area and to
direct the clerk to
advertise the vacancy
as per borough code.
Abell, Arndt,
Heinrichs, W. Stevens,
G. Stevens
None
Bonney, Johnson
OTHER ITEMS
RESIGNATION OF
MONASHKA BAY
ROAD SERVICE
AREA BOARD
MEMBER
Volume XXIII
Page 180
MOTION CARRIED Unanimous
INFORMATIONAL MATERIALS (No action required)
A. MINUTES OF OTHER MEETINGS
None.
B. REPORTS
None
C. OTHER
1. Economic Development Journal of November,
1997.
CITIZENS' COMMENTS
None.
ASSEMBLYMEMBER COMMENTS
Assemblymember Arndt requested a cost breakdown on
the integrated computer software package that was
purchased, the cost of training, and the amount paid
to date. At his inquiry, Mayor Selby said the
Borough attorney was preparing a letter to the
contractor outlining the deficiencies of the
software.
Assemblymember Arndt referred to a letter from the
Borough attorney regarding bonding for the NIRF
project. Mayor Selby said the project was bonded 100
percent for the $14 million contract. The attorney
reviewed the bonding at the request of the auditors.
After the review process, the subcontractors and the
primary contractor bonded, as well as the Borough, at
about $80,000 for double bonding on the project. He
added that the general contractor covered the bonding
for their portion of the project at $2.5 million on
the $14 million project.
Regular Assembly Meeting
November 25, 1997
INFORMATIONAL
MATERIALS
MINUTES OF OTHER
MEETINGS
REPORTS
OTHER
CITIZENS'
COMMENTS
ASSEMBLYMEMBER
COMMENTS
Volume XXIII
Page 181
The Borough paid $80,000 to bond for $14 million with
only $2.5 million recoverable. At the Borough's
request, the general contractor bonded at $2.5
million in addition to sub contractors' bonding at
100 percent coverage. Because of state statute
bonding requirements, $80,000 was spent for less
protection.
Assemblymember Arndt questioned cost savings because
subcontractors were part of the cost of the building.
Mayor Selby said there was no savings because if the
subcontractor bonding was dropped, the Borough would
be fully liable for any subcontractor who defaulted.
Assemblymember Arndt asked if the Borough was only
covered once. Mayor Selby responded affirmatively;
however, he said the Borough paid twice because the
general contractor paid a bond based on a $14 million
contract and the Borough had $2.5 million coverage
although the premium was based on the $14 million.
This was done in compliance with state statutes.
Assemblymember Abell had attended his second AML
conference, and he felt there was power in numbers.
He was pleased to participate in discussions and to
share common problems that he felt would benefit
Kodiak.
Assemblymember Heinrichs noted the ten -year
anniversary of the AML /JIA. He felt the reduced
premiums alone made the association with the AML /JIA
worthwhile because it eliminated the worry of
escalating premiums taking municipalities hostage.
He felt Thanksgiving was a wonderful time to reflect
on the many things for which to be grateful.
Assemblymember W. Stevens congratulated Jennifer
Clampffer and Ken Doctolero as students of the month.
He thanked Mayor Selby and other community members
for attending the recent Alaska Marine Highway System
public hearing in Kodiak. He noted that Kodiak was
originally bypassed for the around - the -state
meetings; however, pressure was brought to bear on
Representative Hudson to include Kodiak.
Regular Assembly Meeting
November 25, 1997
Volume XXIII
Page 182
Mayor Selby thanked Assemblymember W. Stevens for
persuading Representative Hudson to travel to Kodiak.
He hoped there was an impact on the group.
Presiding Officer G. Stevens announced that the
Assembly would meet in a work session Tuesday,
December 2, at 7:30 p.m. in the borough conference
room and a regular meeting on Thursday, December 4,
at 7:30 p.m. in the assembly chambers. Borough
offices would be closed Thursday and Friday, November
27 and 28, in observance of the Thanksgiving holiday.
He asked the Assembly to return their committee
appointment preference list to the Clerk. He noted
that the Assembly would meet for Goals and Objectives
on January 10 and 17. He wished everyone a happy
Thanksgiving.
There being no further business to come before the ADJOURNMENT
Assembly, the meeting adjourned at 8:55 p.m.
ATTEST:
o nna F. Smit CMC/AAE
F. Smit , CMC /AAE
Borough Clerk
Regular Assembly Meeting
November 25, 1997
c
Ga v L. vens
Pr siding Officer
APPROVED: 12/18/97
Volume XXIII
Page 183