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1998-03-05 Regular MeetingJerome Selby, Mayor Donna Smith CMC /AAE, Clerk Judi Nielsen CMC, Deputy Clerk W. STEVENS, seconded by HEINRICHS Regular Assembly Meeting March 5, 1998 KODIAK ISLAND BOROUGH Regular Assembly Meeting March 5, 1998 A regular meeting of the Kodiak Island Borough REGULAR MEETING Assembly was held March 5, 1998 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 Frank Gardner of the Kodiak Bible Chapel, followed by the Pledge of Allegiance. There were present: ROLL CALL Gary Stevens, Presiding Tom Abell Scott Arndt Tuck Bonney Robin Heinrichs Bob Johnson Wayne Stevens comprising a quorum of the Assembly; and APPROVAL OF AGENDA HEINRICHS, moved to approve seconded by BONNEY the agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Meeting of February 19, 1998. Unanimous voice vote moved to approve the minutes of February 19, 1998. APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XXIII Page 276 VOTE ON MOTION TO APPROVE MOTION CARRIED • A. Employee of the Month B. Proclamation Unanimous voice vote • . Mayor Jerome Selby presented the Employee of the Month Award to Kelli Veech, revenue accountant in the Finance Department. Mayor Selby proclaimed 1998 the 150th Anniversary of the Women's Rights Movement urging all citizens to celebrate and remember with gratitude those who have contributed to our nation's legacy of equality, fairness, justice, and freedom through the Women's Rights Movement. Jodi Spivey, Soroptomists International of Kodiak president, accepted the proclamation. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing and General Comments. Doug Letch, Kodiak Lions Club member, invited the community to the Club's annual seafood extravaganza and oyster bar on March 15 at the Kodiak Elks Lodge. The proceeds would support community projects. Diana Buffington opposed Resolution No. 98 -03 because she felt the voters fired Mayor Selby at the last election. John Parker felt bid specifications were confusing. He did not want junk cars to be stock - piled. Ed Mahoney wanted more information on Resolution No. 98 -03. Lorna Arndt phoned to speak against Resolution No. 98 -09. Regular Assembly Meeting March 5, 1998 AWARDS AND EMPLOYEE OF THE MONTH PROCLAMATION WOMEN'S RIGHTS MOVEMENT CITIZENS' COMMENTS Volume XXIII Page 277 Alice Knowles, Kodiak Crime Stoppers president, was available to answer questions about Resolution No. 98 -08. - - - . - • • ' - . • • of resolution No. 98 -09. COMMITTEE REPORTS Assemblymember Abell said the School District Budget Review Committee reported a $250,000 shortfall. The Committee would either present a bare bones budget or reduce the budget by $250,000 before presentation to the Assembly. Assemblymember Heinrichs reported that the Kodiak College Council received a draft of the memorandum - of- agreement for a partnership between the College and the school district. The Council discussed the consortium library and recruitment of a new director. Assemblymember W. Stevens said the school district Facilities Plan Review Committee would draft a vision for facility needs through the next four to five years. Presiding Officer Stevens said the Consortium Library Committee was researching library usage, staff needs, and location for a consortium library. 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. Resolution No. 98 -05 Approving a $50,000 Grant RESOLUTION to the Alaska Oceans, Seas, and Fisheries NO. 98 -05 Research Foundation. Presented for consideration was Resolution No. 98 -05 that, if adopted, approved a $50,000 grant as seed money for the Foundation to seek additional research funds. Regular Assembly Meeting March 5, 1998 COMMITTEE REPORTS Volume XXIII Page 278 The motion to adopt Resolution No. 98 -05 was before the Assembly. Mayor Selby said the the fisheries development fund om a figh meal experiment that was also funded by the Borough. This grant would allow the Foundation to solicit research funds that would not be channeled through the University of Alaska. • • • Presiding Officer Stevens opened the public hearing. Dan Ogg, member of the ad hoc committee supporting fisheries and the Kodiak Fisheries Research Center, said this would provide an opportunity for research monies to be received from private foundations and international entities to increase research in Kodiak waters. He said quality research helped to provide prudent fisheries development. Dr. Scott Smiley, ad hoc committee member and Fisheries Industrial Technology Center director, said the Foundation would obtain fisheries research monies to research the marine environment. Al Burch, ad hoc committee member, gave a history of other groups that formed to receive grants and opened many doors in fisheries research. Lorna Arndt phoned. She suggested the Foundation borrow the funds. Ed Mahoney supported this as a good cause. He felt the Borough would see a return on their investment. Presiding Officer Stevens closed the public hearing and reconvened the regular meeting. In response to Assemblymember Arndt, Mayor Selby said funds from the Dinkum Sands decision and the Exxon Valdez Trustee Council were set aside for restoration and research. Through Dr. Smiley's efforts, other states expressed an interest in joint fisheries research projects. Regular Assembly Meeting March 5, 1998 At the request of the Assembly, Dr. Smiley reported that he would travel to Washington, D.C. to pursue funding for research on fish waste, marine toxins, and wastewater treatment projects. Assemblymember Abell was glad that private foundation monies could be used to research Kodiak's fisheries. Assemblymember Johnson spoke in favor. He related that fisheries, birds, and mammals were interrelated. Assemblymember Heinrichs felt this research could answer issues coming from Washington, D.C. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Regular Assembly Meeting March 5, 1998 Abell, Arndt, Bonney, Heinrichs, Johnson, W. Stevens, G. Stevens None Unanimous B. Ordinance No. 98 -01 Amending Kodiak Island ORDINANCE Borough Code of Ordinances Title 1 General NO. 98 -01 Provisions Chapter 1.04 General Provisions Section 1.04.030 Definitions to Provide for Additional Definitions Upon the Change to a Manager Plan of Government. Presented for consideration was Ordinance No. 98 -01 that, if adopted, amended Kodiak Island Borough code to enact provisions for the reorganization of the municipal executive and administrative functions. HEINRICHS, moved to adopt seconded by BONNEY Ordinance No. 98 -01. Mayor Selby said this ordinance was the first of many to implement the manager plan of government. Presiding Officer Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. Volume XXIII Page 280 There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT rn Noes: MOTION CARRIED MESSAGES FROM THE BOROUGH MAYOR • onney, Heinrichs, Johnson, W. Stevens, Abell, G. Stevens None Unanimous Mayor Selby reported that an additional $51,501 would be received as part of the Exxon Valdez legal action funds used to analyze impacts to communities. Bud Cassidy, resource management officer, worked to received four mini grants totaling $40,000 for the fish ladder on Island Lake Creek, the culvert on Selief Lane, relocation and realignment of the stream on Selief Lane, and culverts at Potato Patch Lake. Ron Riemer, Borough environmental engineer, planned to meet with and receive input from Monashka Bay Service Area residents regarding the landfill closeout. The Alaska Humanities Forum would meet April 27 -29 to discuss the future of the Permanent Fund. OLD BUSINESS A. Resolution No. 98 -03 Electing to Participate in the Retirement Incentive Program Chapter 4, First Special SLA 1996, as Amended by Chapter 12, SEA 1997, and Authorizing the Mayor to Enter Into an Agreement With the Administrator of the Public Employees' Retirement System (PERS) to Fund the Cost of Participation in the Program. Presented for consideration was Resolution No. 98 -03 that, if adopted, adopted the amended State of Alaska Regular Assembly Meeting March 5, 1998 MESSAGES FROM MAYOR OLD BUSINESS RESOLUTION NO. 98 -03 Volume XXIII Page 281 1977 Retirement Incentive Program to allow eligible Borough employees to retire by December 31, 1999. The motion to adopt Resolution No. 98 -03 was before t}ie A5embly. Mayor Selby said this extended the program that would reduce salary costs. He felt the $100,000 savings projected by the state was conservative because $380,000 was saved through the previous program. Those eligible retire through December 31, 1999, and this was preferable to eliminating positions. Assemblymember Arndt felt that comparing the salaries of the Bayside Fire Department chief and assistant chief distorted the real savings because it was an assistant chief that replaced the chief position. In response to Assemblymember W. Stevens, Mayor Selby said the state offered early retirement in 1996 and 1997 as a way to reduce state and local salary costs. Assemblymember W. Stevens wondered if $55,000 was a realistic salary for a new MIS Director. In response to Presiding Officer Stevens, Mayor Selby said most employees were hired at a step A; however, depending on demand, some were hired at step B or C. Assemblymember Johnson felt it would be difficult to find people to replace quality employees. Assemblymember Bonney felt there would only be a true savings if some of the vacated positions were abolished. That would create a savings of $280,000. In response to Assemblymember Arndt, Mayor Selby said savings would be determined by the retirement date. In response to Assemblymember W. Stevens, Mayor Selby said the pay difference between step A and step D was about ten percent. Regular Assembly Meeting March 5, 1998 Volume XXIII Page 282 VOTE ON MOTION TO ADOPT Ayes: Heinrichs, Johnson, W. Stevens, G. Stevens Noes: Bonney, Abell, Arndt MOTION CARRIED 4 Ayes, 3 Noes After a ten minute recess at 9:06 p.m., Presiding Officer Stevens reconvened the regular meeting. NEW BUSINESS NEW BUSINESS A. AWARDS AWARDS None. B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 98 -06 Urging the Immigration RESOLUTION and Naturalization Service (INS) to Open an NO. 98 -06 Office in Kodiak. Presented for consideration was Resolution No.98 -06 that, if adopted, urged the INS to open a full -time office in Kodiak to work with the many issues needed by the immigrants residing in Kodiak. JOHNSON, moved to adopt seconded by W. STEVENS Resolution No. 98 -06. Mayor Selby said many community members volunteered to help with the naturalization process; however, the needs were growing and local INS support was needed. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Heinrichs, Johnson, W. Stevens, Abell, Arndt, Bonney G. Stevens Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting March 5, 1998 Volume XXIII Page 283 Presented for consideration was Resolution No. 98 -07 that, if adopted, urged the University of Alaska Board of Regents to continue funding Kodiak College as an major extension of the University of Alaska. HEINRICHS, moved to adopt seconded by JOHNSON Resolution No. 98 -07. Presiding Officer Stevens noted that the resolution would be submitted to the University of Alaska Board of Regents, the Alaska legislature, and the governor. VOTE ON MOTION TO ADOPT Ayes: Noes: 2. Resolution No. 98 -07 Supporting Continued RESOLUTION Funding and Operation of Kodiak College by NO. 98 -07 the University of Alaska Anchorage. MOTION CARRIED Regular Assembly Meeting March 5, 1998 Johnson, W. Stevens, Abell, Arndt, Bonney, Heinrichs, G. Stevens None Unanimous 3. Resolution No. 98 -08 Approving a Five RESOLUTION Thousand Dollar ($5,000) Grant to Kodiak NO. 98 -08 Crime Stoppers to be Used to Fight Vandalism on Kodiak Island. Presented for consideration was Resolution No. 98 -08 that, if adopted, would contribute $5,000 to the Kodiak Crime Stoppers program to mount a concerted effort to catch and prosecute the vandals responsible for the damage to the new Monashka Bay Park. W. STEVENS, moved to adopt seconded by ARNDT Resolution No. 98 -08. Presiding Officer Stevens noted that the resolution reflected that this was not a reward as discussed by the Assembly. Volume XXIII Page 284 ARNDT, seconded by W. STEVENS Noes: Johnson MOTION CARRIED 6 Ayes, 1 No Regular Assembly Meeting March 5, 1998 moved to amend Resolution No. 98 -08 in the Now Therefore Be It Further Resolved by removing the word: "to" after "($5,000)", and adding the words: "reward paid through ", and adding at the end of the sentence the words: "and one thousand dollars ($1,000) as a grant for advertising to promote a site - specific reward ". Assemblymember W. Stevens said Alice Knowles, Kodiak Crime Stoppers president, was concerned that a $5,000 reward might tempt vandals to turn each other in and split the reward. Assemblymember Arndt felt it was prudent to make the reward site specific. Ms. Knowles did not want to encourage vandalism for profit in the future. She saw a caretaker, electric, and telephone services as the best deterrent. All Crime Stoppers informants were anonymous. They used an identification number throughout the process until an individual was convicted and then the informant retrieved the reward in cash from a specific bank. Assemblymember Johnson felt the extra $1,000 was not needed. VOTE ON MOTION TO AMEND Ayes: W. Stevens, Abell, Arndt, Bonney, Heinrichs, G. Stevens Volume XXIII Page 285 VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Abell, Arndt, Bonney, Heinrichs, Johnson, Noes: MOTION CARRIED W. Stevens, G. Stevens None Unanimous 4. Resolution No. 98 -09 Urging the Governor RESOLUTION and the Alaska Legislature to Support the NO. 8 -09 University of Alaska Board of Regents' Resolution Regarding State Finances. Presented for consideration was Resolution No. 98 -09 that, if adopted, urged full funding of the budget request of the University of Alaska Board of Regents and support of their resolution regarding state finances as adopted on February 20, 1998. HEINRICHS, moved to adopt seconded by BONNEY Resolution No. 98 -09. Mayor Selby said this supported the University of Alaska Regent's request for full funding, including deferred maintenance. Assemblymember Bonney felt a state income tax would be better than using money from the Permanent Fund. Assemblymember Johnson said the money would come from interest earnings, not the corpus of the Fund. Assemblymember Arndt thought the resolution could be supported without looking at the funding source. Assemblymember W. Stevens saw no reference to the Permanent Fund in the resolution. ARNDT, seconded by W. STEVENS Regular Assembly Meeting March 5, 1998 moved to amend Resolution No. 98 -09 in the Now, Therefore, Be It Resolved by deleting the words: "and support the Volume XXIII Page 286 resolution regarding state finances as adopted by the Board of Regents on February 20, 1998 ". Regent Dan Oqg agreed to the need for a state income tax but this request was for surplus earnings from the fund. The state cut the budget by $50,000 per year, and there was a need to use surplus earnings. VOTE ON MOTION TO AMEND Ayes: Noes: Johnson, W. Stevens, Abell, G. Stevens Arndt, Bonney, Heinrichs MOTION FAILED 3 Ayes, 4 Noes VOTE ON MOTION TO ADOPT Ayes: Heinrichs, Johnson, W. Stevens, Abell, G. Stevens Noes: Arndt, Bonney MOTION CARRIED 5 Ayes, 2 Noes C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS 1. Vacation of Various Rights -of -Way, Electrical Easements, and the 22.14 Acre Park Designation on Lot 1, Block 7, in the Black Canyon Subdivision. (Generally Located Near Mayflower Creek, in Kalsin Bay, Along the Chiniak Highway) HEINRICHS, seconded by W. STEVENS Regular Assembly Meeting March 5, 1998 moved to approve the vacation of various rights -of -way, electrical ORDINANCES FOR INTRODUCTION OTHER ITEMS VACATION Volume XXIII Page 287 easements, and the 22.14 acre park designation on Lot 1, Block 7, in the Black Canyon Subdivision. (Generally located near Mayflower Creek, in Kalsin Bay, along the Chiniak Highway) Mayor Selby noted that the Planning & Zoning Commission recommended approval of the vacation. There was no discussion by the Assembly. VOTE ON MOTION TO APPROVE Ayes: Heinrichs, Johnson, W. Stevens, Abell, Arndt, Bonney, G. Stevens Noes: MOTION CARRIED None Unanimous 2. Peterson Elementary School Addition 100% PETERSON Design Drawings. ELEMENTARY SCHOOL 100% JOHNSON, moved to approve the DRAWINGS seconded by ARNDT Peterson Elementary School addition 100% Design Drawings. Mayor Selby said the 100 percent design drawings were reviewed by the Architectural Review Board and the school board and approval was recommended. Assemblymember Bonney wanted more discussion when bids were received. VOTE ON MOTION TO APPROVE Ayes: Johnson, W. Stevens, Abell, Arndt, Bonney, Heinrichs, G. Stevens Regular Assembly Meeting March 5, 1998 Volume XXIII Page 288 Noes: MOTION CARRIED INFORMATIONAL MAT 1.0 A. B. MINUTES OF OTHER MEETINGS 1. MIS Steering Committee Regular Meeting of January 16, 1998. 2. Kodiak Island Borough School District Board of Education Regular Meeting of January 19, and Special Meetings of January 22 and 27, and February 2, 3, and 12, 1998. 3. Providence Kodiak Island Medical Center Advisory Board Meeting of January 21, 1998. REPORTS 1. C. OTHER None Unanimous Kodiak Island Borough February 1998 Financial Report. 1. Kodiak Island Borough School District Board of Education Regular Meeting Summary of February 16, 1998. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Heinrichs congratulated Kelli Veech as Employee of the Month. Assemblymember Johnson attended the committee meeting that was formed to study the ramifications of WalMart coming to Kodiak. He was appointed to the selection committee for the director of Kodiak College. Assemblymember Bonney spoke to his concerns that included: 1) increased costs for the operations supervisor in the Management Information Systems Department; 2) personnel assistant promotion to the Regular Assembly Meeting March 5, 1998 MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXIII Page 289 human resources director position that was created and filled without following procedures and without Assembly approval and at about a $6,000 a year salary increase; 3) as supervisor of the receptionist at IP esearc en er, t e human resources director could receive more points and increased salary; 4) confrontation with the clerk about preparing an ordinance requested by the Assembly; 5) legal opinions on personnel issues because the Borough attorney was married to the Community Development Department director; 6) the upcoming public hearing on the mid -year budget adjustment on remaining hospital construction funds; and 7) Peterson Elementary School addition change order not discussed by the Assembly. He wondered if the Assembly had lost control of the policy and if Mayor Selby had the authority to create and fund a new position without assembly approval. He wanted the assembly to be aware and regain control. Assemblymember W. Stevens did not view the October election results as a mandate to fire Mayor Selby. Presiding Officer Stevens noted there would be many changes to the code during the transition from the mayor to manager plan of government. He announced that the assembly would meet in a work session on Thursday, March 12, at 7:30 p.m. in the borough conference room; a joint assembly /council work session on Tuesday, March 17, at 7:30 pm in the city conference room; and a regular meeting on Thursday, March 19, at 7:30 p.m. in the assembly chambers. There being no further business to come before the ADJOURNMENT Assembly, the meeting adjourned at 9:47 ..m. ATTEST: .J l� -"<2 Donna F. Smith, CMC /AAE Borough Clerk Regular Assembly Meeting March 5, 1998 Gar L. Stevens, Pre iding Officer APPROVED: 03/19/98 Volume XXIII Page 290