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1998-04-16 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting April 16, 1998 A regular meeting of the Kodiak Island Borough Assembly was held April 16, 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 David Nelson of St. Paul's Lutheran Church, 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 Jerome Selby, Mayor Donna Smith CMC /AAE, Clerk Judi Nielsen CMC, Deputy Clerk Linda Freed, Community Development Director APPROVAL OF AGENDA AND CONSENT AGENDA HEINRICHS, seconded by ARNDT STEVENS, seconded by ARNDT VOTE ON MOTION TO APPROVE Regular Assembly Meeting April 16, 1998 moved to approve the agenda and consent agenda. Clerk Smith read the item for consideration under "Consent Agenda ". VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES Kodiak Island Borough Assembly Meeting of April 7, 1998. moved to approve the minutes of April 7, 1998. REGULAR MEETING APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES Volume XXIV Page 41 MOTION CARRIED Unanimous voice vote AWARDS AND AWARDS AND PRESENTATIONS PRESENTATIONS Mayor Selby postponed the Student of the Month STUDENT OF THE presentation because the recipient was out of town. MONTH CITIZENS' COMMENTS A. Agenda Items Not Scheduled for Public Hearing and General Comments. Bill Hinkle spoke to Ordinance No. 98 -08. He did not want restrictions on Island Lake to impact the Camp Mueller Boy Scout water safety course. He did not want to stop four wheeler activities in the community but wanted the riders to show respect for property. Barbara Williams supported Ordinance No. 98 -08 and asked those in the audience who supported the ordinance to raise their hands. Gilbert Morein wanted the Borough to lower property taxes, cut waste on projects, and urge state and federal legislators to fund education. Kristin Stahl - Johnson said Island Lake accommodated only one skier at a time, and she had seen hazardous situations where docks with children were swamped. She said skiers were also hazardous to nesting water birds. She felt the pressure for the area was intense and the conflict of the user groups was obvious. Bonnie Dillard saw her son's canoe nearly swamped by a water skier on Island Lake. She felt a speed limit would reduce incidents. Elisabeth Winn saw a jet skier loose control on Island Lake, and her and her daughter were in a row boat and nearly hit by a fast - moving boat with a skier. She knew some skiers were responsible, but she wanted a safe area for children. Chris Helms appreciated Mayor Selby's efforts to capture federal dollars to build a progressive community of which he was proud. Russell Pruitt said he was very cautious when water skiing and Island Lake was the only lake in town that Regular Assembly Meeting April 16, 1998 CITIZENS' COMMENTS Volume XXIV Page 42 accommodated that type of recreation. He opposed a restriction Jane Petrich said she had never seen any improper or dangerous activity on Island Lake. She opposed restrictions. Diana Buffington phoned to speak against Resolution No. 98 -17 that promoted Smart Start, a program that she felt circumvented childrens' rights. COMMITTEE REPORTS Assemblymember Heinrichs reported that the Planning and Zoning Commission were working on a plan for the Pasagshak area and an urban area plan specific to Service District No. 1. Walter Stewart, Planning and Zoning Commissioner, was available to answer questions. Assemblymember Johnson, Hospital Advisory Board member, reported that the hospital had difficulty recruiting obstetrical nurses. 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 -15 Approving the Fiscal Year RESOLUTION 1999 Kodiak Island Borough School District NO. 98 -15 Budget and Determining the Total Amount of Funds to be Made Available from Local Sources. Presented for consideration was Resolution No. 98 -15 that, if adopted, accepted the fiscal year 1999 Kodiak Island Borough School District budget and authorized the appropriation of funds in the Kodiak Island Borough fiscal year 1999 budget. HEINRICHS, moved to adopt seconded by ARNDT Resolution No. 98 -15. Mayor Selby said the school board approved the budget on March 30. He provided a summary of the budget, including in kind services, that would be accommodated in the general fund budget. He presented a graph that outlined that the school Regular Assembly Meeting April 16, 1998 COMMITTEE REPORTS Volume XXIV Page 43 district budget was 65 percent higher than 1995. If that continued, the local funding cap would be reached in three years. The total assessed value increase of 2 3 percent was due primarily to new construction. Any funding over the cap would cause a dollar for dollar reduction in state funding. In response to Assemblymember Arndt, Mayor Selby said the graph would be provided to the Assembly. Norm Wooten, School Board president, said the School District Budget Advisory Committee met weekly to prepare an easy -to -read budget. The increase of $230,000 would maintain current programs. He appreciated the Committee's work to continue to provide programs. Dave Jones, School District finance director, gave a slide presentation on per student costs over the years and revenue sources. The school district had been fiscally responsible but state revenues had not increased with increased costs. He determined that the fiscal year 1999 budget was $1.8 million higher than the fiscal year 1998 budget. Salaries and benefits at 79 percent of the budget were in line with the nationwide average of 82 percent. There was cooperation in creating the high school to a college program that also impacted the budget. The school district received grant funds of $1.6 million last year that were earmarked for specific programs. The total budget was $22,767,206. Betty Walters, Superintendent, acknowledged the Committee's efforts and encouraged the Assembly to approve the budget as submitted. Presiding Officer Stevens opened the public hearing. Diana Buffington, Committee member, phoned. She said the Assembly was responsible for providing education and services to residents. She wanted the Borough to fully fund education and live within the funds left. Mike Milligan supported the budget. He presented funding figures from previous years. Pat Holmes thanked Steve Kreber for filming the Assembly meetings. He thanked the Assembly for their review of what he felt was a bare bone budget. Regular Assembly Meeting April 16, 1998 Volume XXIV Page 44 Jack McFarland, School Board member, supported quality education as the highest priority in Kodiak. Clay Koplin didnot want Borough staff fn gaffer by giving the school district all they wanted. He acknowledged the value of education to society but was concerned about funding sources. Greg Razo was pleased to see extra curricular academic activities that benefited students. He urged the Assembly to approve the budget as presented. Chris Helms said his son would graduate this year and had received an exceptional education. The cap was a concern, but he did not want education to suffer. Presiding Officer Stevens closed the public hearing and reconvened the regular meeting. Assemblymember Heinrichs wondered why the $125,000 for IDEA law compliance was reduced to $75,000 and if it was mandated. Superintendent Walters said teacher participation was part of the funding, and the Committee felt the difference could be absorbed. Assemblymember Heinrichs asked if that would be at the expense of other programs. Superintendent Walters said all programs give and take a little. Assemblymember Heinrichs asked about funding for the high school to college program. John Durham, interim College director, said tuition was $32 per class because high school teachers would teach the classes. Assemblymember Bonney was a critic of in kind services for support of PC's at more than $2,000 each. He thought those funds could benefit education. Assemblymember Arndt was alarmed that the Borough's contribution was $202,000 from the cap with no plan in place for when the cap was reached. He felt the Borough's options were restricted in the case of an unexpected expense. He wanted to fund the school district at last year's level and review the entire Borough budget to determine priorities. ARNDT, moved to amend Resolution seconded by HEINRICHS No. 98 -15 by reducing the Regular Assembly Meeting April 16, 1998 Volume XXIV Page 45 school district budget to FY 1998 level funding plus $20,000 for grants. Assemblymember Arndt wanted level funding with supplemental appropriations to come after working through the Borough budget process. Assemblymember Johnson spoke against the amendment. He felt the Committee prepared a meticulous budget. Responding to Assemblymember W. Stevens, Mayor Selby said state law dictated the budget be adopted by April 30. Once approved, the school district would negotiate teaching staff contracts. Assemblymember Arndt said that with level funding the Borough would still pay more because a portion of the school district fund balance was used last year. Assemblymembers W. Stevens and Abell said Mayor Selby indicated funds were available in the Borough budget. VOTE ON MOTION TO AMEND Ayes: Arndt Noes: Abell, Bonney, Heinrichs, Johnson, W. Stevens, G. Stevens MOTION FAILED 1 Aye, 5 Noes Assemblymember Heinrichs agreed the budget was easy to read; however, the half mills increased only funded what was used out of the school district fund balance last year, so that equated to a one mill increase. He was alarmed by the graph and argued that the local contribution was outstripping growth. HEINRICHS, seconded by ARNDT moved to amend Resolution No. 98 -15 by reducing the local contribution to include in kind and a Borough appropriation of $6,201,891. Assemblymember Heinrichs felt this provided the school district with a proportionate share of new Regular Assembly Meeting April 16, 1998 Volume XXIV Page 46 Borough resources. He knew the Borough could always appropriate additional funds. Assemblymember R_onney wanted to fully flung education Assemblymember Johnson saw the decrease as imperious. Assemblymember Heinrichs reiterated it was not an irresponsible act to reduce the appropriation by $270,110. Assemblymember Arndt supported the amendment as a way to apply a percentage of increased Borough revenues to the appropriation. Assemblymember Abell thought education was the place to spend money, especially since Mayor Selby said $9.25 mills could fund the school district and the Borough. Assemblymember W. Stevens felt the budget was well reviewed and funds were available for full funding. It was his opinion that the Assembly's target numbers should be relayed to the Committee early. Assemblymember Arndt concluded that the Borough did not have the option of raising taxes and had used the fund balance to the limit. The amendment was a request for more time to adequately review the overall Borough budget. VOTE ON MOTION TO AMEND Ayes: Noes: MOTION FAILED 2 Ayes, 5 Noes Assemblymember Heinrichs felt it was clear that this equated to a one mill increase; one half mills to fund what was used from the school district fund balance last year; and one -half mill to fund that same amount next year. He felt that with inflation and no change in the way business was done the Borough could face a 1.5 mill increase when the tax cap was discussed. Regular Assembly Meeting April 16, 1998 Arndt, Heinrichs Johnson, W. Stevens, Abell, Bonney, G. Stevens Volume XXIV Page 47 In response to Assemblymember Arndt, Mayor Selby said there was not a problem this fiscal year to balance the Borough budget within the 9.25 mills, but the increase -would not stop unless the state of Alaska started funding education. The tax cap was $200,000 away; however, the school district budget would fit within the general fund budget. Responding to Assemblymember Abell, Superintendent Walters clarified that grant funds had to be spent on specific programs. Assemblymember Bonney supported the bilingual aide and the itinerant network technician for the villages. VOTE ON MOTION TO ADOPT Ayes: Bonney, Heinrichs, Johnson, W. Stevens, Abell, G. Stevens Noes: Arndt MOTION CARRIED 6 Ayes, 1 No After a ten minute recess at 9:45 p.m., Presiding Officer Stevens reconvened the regular meeting. B. Ordinance No. 98 -03 Amending Kodiak Island ORDINANCE Borough Code Title 3 Revenue and Finance to NO. 98 -03 Provide for the Change to a Manager Plan of Government. Presented for consideration was Ordinance No. 98 -03 that, if adopted, amended Kodiak Island Borough Code Title 3 to enact provisions for the reorganization of the municipal executive and administrative functions. W STEVENS, moved to adopt seconded by HEINRICHS Ordinance No. 98 -03. Mayor Selby said this was for the change to the manager form of government effective October 18, 1998. Presiding Officer G. Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. Regular Assembly Meeting April 16, 1998 Volume XXIV Page 48 Assemblymember Heinrichs noted the $5,000 limitation in section 3.16.020 and asked for discussion at a work session. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting April 16, 1998 Heinrichs, Johnson, W. Stevens, Abell, Arndt, Bonney, G. Stevens C. Ordinance No. 98 -04 Amending Kodiak Island ORDINANCE Borough Code Title 4 Service Areas to Provide NO. 98 -04 for the Change to a Manager Plan of Government. Presented for consideration was Ordinance No. 98 -04 that, if adopted, amended Kodiak Island Borough Code Title 4 to enact provisions for the reorganization of the municipal executive and administrative functions. W. STEVENS, moved to adopt seconded by HEINRICHS Ordinance No. 98 -04. Mayor Selby reiterated this was for the change to the manager form of government effective October 18, 1998. Presiding Officer Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. Assemblymember Heinrichs heard concerns about section 4.60.015 Service Area Exemptions. He asked for discussion at a work session. Johnson, W. Stevens, Abell, Arndt, Bonney, Heinrichs, G. Stevens D. Ordinance No. 98 -05 Amending the Kodiak Island ORDINANCE Borough Code of Ordinances Title 2 NO. 98 -05 Volume XXIV Page 49 Administration and Personnel to Add Chapter 2.51 Kodiak Area Transit System Advisory Committee. Presented for consideration was Ordinance No. 98 -05 that, if adopted, added the Kodiak Area Transit System Advisory Committee as a permanent Kodiak Island Borough advisory committee. W. STEVENS, moved to adopt seconded by HEINRICHS Ordinance No. 98 -05. Mayor Selby said this would place the Kodiak Area Transit System (KATS) Advisory Committee in the code as an oversight committee. Presiding Officer Stevens opened the public hearing. Pat Branson, KATS Committee member, reported that the Committee met monthly and was a liaison between the Borough and the contractor. She noted that ridership increased to more than 700 people this month. Walter Stewart, KATS driver, spoke with other KATS drivers who supported the ordinance. Presiding Officer Stevens closed the public hearing and reconvened the regular meeting. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: W. Stevens, Abell, Arndt, Bonney, Heinrichs, Johnson, G. Stevens Noes: None MOTION CARRIED Unanimous E. Ordinance No. 97 -10C Amending Ordinance ORDINANCE No. 97 -10 Fiscal Year 1998 Budget to Reflect NO. 97 -10C Needed Adjustments. Presented for consideration was Ordinance No. 97 -10C that, if adopted, amended the fiscal year 1998 budget by adding funds to the Peterson Elementary School addition, closing out the hospital construction project, and making other small adjustments. Regular Assembly Meeting April 16, 1998 Volume XXIV Page 50 HEINRICHS, moved to adopt seconded by ARNDT Ordinance No. 97 -10C. Mayo- Selby outlined_ the mid year _budget adjustment s_ that acknowledged additional revenues, added funding to the Peterson Elementary School addition, closed - out the hospital construction and Bayside Fire Hall classroom projects, and other small adjustments. Presiding Officer Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. Assemblymember Arndt questioned the $125,000 for Bayside Fire Department that he felt was included in the $325,000. He said there were two appropriations of $125,000 and an additional $75,000 for the classroom. Mayor Selby said the Fire Protection Area No. 1 Board minutes indicated this was correct. ARNDT, seconded by BONNEY moved to amend Ordinance No. 97 -10C by deleting the $125,000. Assemblymember W. Stevens saw no information in support of the amendment. Assemblymember Arndt argued that only $250,000 was appropriated for the project. Assemblymember Johnson objected to not receiving the documentation in the minutes. VOTE ON MOTION TO AMEND Ayes: Noes: Regular Assembly Meeting April 16, 1998 Arndt, Bonney, G. Stevens Abell, Heinrichs, Johnson, W. Stevens MOTION FAILED 3 Ayes, 4 Noes Assemblymember Bonney noted that the Assembly had not received the requested information on the hospital computers at a cost of $1 million. Mayor Selby explained that the computers were in the hospital budget as submitted and approved by the Volume XXIV Page 51 Assembly. Assemblymembers Bonney and Arndt requested copies of the hospital budget. As-sembJymember- -Arndt wanteri to remove_ the $1_a million transfer from the budget adjustments until backup information was received. ARNDT, seconded by BONNEY Assemblymember W. Stevens, Hospital Advisory Board chair, said the purchase of the computers was approved by the Board and the Assembly. ARNDT, seconded by W. STEVENS moved to amend Ordinance No. 97 -10C to remove the $1.3 million transfer into Hospital Fund 540. moved to postpone Ordinance No. 97 -10C to May 7, 1998. Presiding Officer Stevens asked about implications of postponing. Mayor Selby said the information would not make a difference. VOTE ON MOTION TO POSTPONE Ayes: Arndt, Bonney, Heinrichs, W. Stevens, Abell Noes: Johnson, G. Stevens MOTION CARRIED 5 Ayes, 2 Noes At Assemblymember Abell's inquiry, Mayor Selby said all requested information would be available at the next work session. F. Ordinance No. 98 -06 Repealing Ordinance ORDINANCE No. 87 -15 -0 Reserving Certain Borough Lands as a NO. 98 -06 Vegetative Screen to Reserve an Amended Greenbelt Common Boundary of the Monashka Bay Road Service Area. Presented for consideration was Ordinance No. 98 -06 that, if adopted, repealed Ordinance No. 87 -15 -0 to reserve an amended greenbelt area to serve as a visual and sound barrier separating activities at the landfill site from residences in the Monashka Bay Road Service Area. Regular Assembly Meeting April 16, 1998 Volume XXIV Page 52 W. STEVENS, moved to adopt seconded by HEINRICHS Ordinance No. 98 -06. Mayor -Selby s i-d th€- exchange of- property- -would maximize the current landfill and minimize the cost to create a new landfill. The long -term landfill ground water /surface water review plan indicated that exchange of the greenbelt would create a savings. Presiding Officer Stevens opened the public hearing. Cathy Cordry read Dave Sundberg's letter that opposed expanding the landfill closer to residences. Ms. Cordry thanked the Assembly for their field trip to the area. She read her letter of opposition to expanding the landfill. Landfills were not addressed in Borough code and she considered them illegal. Greg Razo saw trash blowing around and wondered how effective the existing greenbelt was. He felt a fence would cause the bears to move closer to residences and create a safety problem. He was concerned about unknown impacts to drinking water. Doug Pengilly did not want the landfill expanded closer to the residences. Presiding Officer Stevens closed the public hearing and reconvened the regular meeting. Assemblymember Arndt clarified that this would move the landfill toward the ocean, not the residences. Assemblymember Bonney did not want to lose the trust of residents by making changes to an established neighborhood. Assemblymember Abell opposed the exchange. Reed Oswalt phoned to say his lumber mill was near the landfill and he did not want it polluted. He felt his property would be greatly impacted. In response to Assemblymember W. Stevens, Mayor Selby said the rectangular expansion area would be less costly to construct the impermeable liner systems, leachate collection systems, and impermeable closure membranes, and would expand the useful life of the landfill to ten years. The engineer's analysis Regular Assembly Meeting April 16, 1998 Volume XXIV Page 53 showed the flow of water would be toward the ocean; however, the water of several residential wells would be sampled. Assemblymember Johnson was confident that leachate would not be a problem in the residential area. He emphasized that recycling cardboard extended the life of the landfill and saved the community money. Assemblymember Abell was concerned that removing trees escalated the loss of more trees. In response to Assemblymember Johnson, Mayor Selby clarified that the water would flow toward the ocean and the VFW. At Assemblymember Heinrichs question, Mayor Selby said the shape and width of the greenbelt was not scientifically based. Responding to Assemblymember W. Stevens, Mayor Selby said there would be three to four years of well water sampling to establish a baseline. At Assemblymember Johnson's inquiry, Mayor Selby said that baling and covering the landfill would help eliminate paper blowing around. Assemblymember Bonney felt the impregnable seal may not be perfect, and he did not want to risk residents' investments. In response to Presiding Officer Stevens, Mayor Selby said the water naturally flowed in the opposite direction. He made it clear there was absolutely no risk to those wells from landfill groundwater or the engineers would not have considered going into the area. Their studies indicate that none of the landfill water leaches into the subdivision. Also, the plastic liner was impermeable and sealed. Mr. Oswalt thought the membrane could be penetrated by a rat and cause immediate contamination. Mayor Selby said that if the integrity was lost, the leachate control would cover all contamination scenarios. The engineers were careful to ensure that leachate would not escape the system. Regular Assembly Meeting April 16, 1998 Volume XXIV Page 54 Assemblymember Johnson questioned the need for a treatment plant if contamination was not probable. Mayor Selby said the treatment plant was required by federal- law. VOTE ON MOTION TO ADOPT Ayes: Heinrichs, Johnson, W. Stevens, Arndt, G. Stevens Noes: Bonney, Abell MOTION CARRIED 5 Ayes, 2 Noes G. Ordinance No. 98 -07 Rezoning Lots 2, 3, and 4, ORDINANCE Shoreline Subdivision From R3- Multifamily NO. 98 -07 Residential To R1- Single Family Residential. (4141 and 4215 Rezanof Drive East) Presented for consideration was Ordinance No. 98 -07 that rezoned property to be consistent with the 1968 Comprehensive Plan. W. STEVENS, moved to adopt seconded by BONNEY Ordinance No. 98 -07. Mayor Selby said this down -zone from RR -3 to RR -1 was proposed by the property owner. He noted that 25 public hearing notices were mailed and none returned. Presiding Officer Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. As the property owner, Assemblymember Heinrichs noted his potential conflict of interest. Presiding Officer Stevens ruled a conflict of interest. Assemblymember Heinrichs left the dias. Assemblymember Arndt said the area was surrounded by RR -2 and RR -3 zoned property and he considered this spot zoning. He did not want to set a precedent. Assemblymember W. Stevens understood the definition of spot zoning was not in the Code. Linda Freed, Community Development Department Director, said the Commission used the Illustrated Book of Development Definitions. She read the definition of spot zoning and noted that the Commission felt there was a safety Regular Assembly Meeting April 16, 1998 Volume XXIV Page 55 benefit to reduce the use of the road that was 20 feet wide where the current requirement was 60 feet. As emblem ember Johnson felt the Commission considered all the requirements, and he supported the rezone. Assemblymember Arndt remembered previous spot zoning battles and felt that removing the trailer park had already reduced the use of the road. VOTE ON MOTION TO ADOPT Ayes: Johnson, W. Stevens, Abell, Bonney, G. Stevens Noes: Arndt MOTION CARRIED 5 Ayes, 1 No Assemblymember Heinrichs returned to the dias. W. STEVENS, moved to extend the seconded by BONNEY meeting to midnight. VOTE ON MOTION TO EXTEND MOTION CARRIED Unanimous voice vote MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby reported that earnings on the Permanent Fund investment exceeded oil revenues. The fiscal year 1997 Borough Annual Report was presented to the Assembly and would be published by the Kodiak Daily Mirror. The Borough human resources director garnered a $140,000 grant to work with agencies on case management for welfare to work that aided people with training and entering the work force. He said Assemblymember W. Stevens noticed that the customs notice on the Foreign Trade Zone listing Kodiak as an international port of entry had incomplete information, and the Borough would contact the agency to ensure the complete port of entry was documented. Regular Assembly Meeting April 16, 1998 Volume XXIV Page 56 The Division of Trade and Development identified that Alaska's 85 percent domination of the salmon export industry had decreased to 20 percent. In general, Alaska's export of fish had declined OLD BUSINESS OLD BUSINESS A. Ordinance No. 98 -02 Amending KIBC Title 2 ORDINANCE Administration and Personnel to Provide for the NO. 98 -02 Change to a Manager Plan of Government. Presented for consideration was Ordinance No. 98 -02 that, if adopted, amended Kodiak Island Borough code to enact provisions for the reorganization of the municipal executive and administrative functions. The motion to adopt Ordinance No. 98 -02 was before the Assembly. Mayor Selby said this amended the code in preparation of the change to a manager plan of government. ARNDT, seconded by ABELL Assemblymember Arndt felt the level of responsibility deserved the additional compensation. It was noted that the Assembly could amend the code at any time. VOTE ON MOTION TO AMEND Ayes: Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: None Regular Assembly Meeting April 16, 1998 moved to amend Ordinance No. 98 -02 by increasing the mayor compensation from $250 to $400 per month. W. Stevens, Abell, Arndt, Bonney, Heinrichs, Johnson, G. Stevens Abell, Arndt, Bonney, Heinrichs, Johnson, W. Stevens, G. Stevens Volume XXIV Page 57 MOTION CARRIED Unanimous NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 98 -14 Consultant Services for CONTRACT Kodiak Emergency Operations Plan Revisions NO. 98 -14 and Rewrite. HEINRICHS, seconded by W. STEVENS moved to approve Contract No. 98 -14 with Elise DeCola in an amount not to exceed $24,000. Mayor Selby said this was to update the Local Emergency Planning Committee (LEPC) operations manual. This was a joint Borough /City /Coast Guard effort to provide coordinated emergency services. LEPC state grant funds would be used. Responding to Assemblymember Johnson, Mayor Selby said review of the manual was an ongoing process. VOTE ON MOTION TO APPROVE Ayes: Abell, Arndt, Bonney, Heinrichs, Johnson, W. Stevens, G. Stevens Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 98 -16 Canceling the Computer RESOLUTION Software Acquisition Contract with HTE, NO. 98 -16 Inc. Presented for consideration was Resolution No. 98 -16 that, if adopted, canceled the contract with HTE, Inc. for acquisition of new software for the Borough and the School District due to lack of performance by HTE, Inc., with the exception of the KB Systems and DDSI software that would be retained. JOHNSON, moved to adopt seconded by HEINRICHS Resolution No. 98 -16. Regular Assembly Meeting April 16, 1998 Volume XXIV Page 58 Mayor Selby said this would cancel the contract for computer software due to nonperformance by HTE. The software had not balanced the school district general ledge -r- s-i-nc- July of - 19 -9-7= - The - -KB systems portion of the contract was functioning and would be retained. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Arndt, Bonney, Heinrichs, Johnson, W. Stevens, Abell, G. Stevens Noes: Noes: None MOTION CARRIED Unanimous 2. Resolution No. 98 -17 in Support of SMART START FOR ALASKA'S CHILDREN. Presented for consideration was Resolution No. 98 -17 that, if adopted, urged the state policy makers to work together to help Alaskans reach a shared goal of safe, healthy children and strong families. JOHNSON, moved to adopt seconded by BONNEY Resolution No. 98 -17. Mayor Selby said this state funding would help disadvantaged children in Alaska develop skills to enable a smooth transition into the school system. Assemblymember Johnson felt preschool education was important, and this would aid children in families that were not intact. Assemblymember Arndt questioned the new program when head start and other preschools could use more funds. VOTE ON MOTION TO ADOPT Ayes: MOTION CARRIED Regular Assembly Meeting April 16, 1998 Bonney, Heinrichs, Johnson, W. Stevens, Abell, G. Stevens Arndt 6 Ayes, 1 No RESOLUTION NO. 98 -17 Volume XXIV Page 59 C. ORDINANCES FOR INTRODUCTION Ayes: Noes: 1. Ordinance No. 98 -08 Amending Kodiak Island Borough Code of Ordinances Title 18 Borough Real Property Chapter 18.35 Trespass to Add to Section 18.35.020 Trespass- Defined To Define Additional Acts of Trespass, Including the Use of Motorized Watercraft Greater Than Ten Horsepower on Urban Lakes and Misuse of Borough Park Lands. Presented for consideration was Ordinance No. 98 -08 that, if adopted, amended Kodiak Island Borough Code to implement regulations to reduce the impact of watercraft on Island Lake. W. STEVENS, seconded by BONNEY moved to adopt Ordinance No. 98 -08 in first reading to advance to public hearing on May 7, 1998. Mayor Selby said this was in response to residents' concerns about high speed watercraft on Island Lake. Assemblymember Arndt encouraged residents to participate in the public hearing process. VOTE ON MOTION TO ADVANCE MOTION CARRIED Unanimous Regular Assembly Meeting April 16, 1998 Heinrichs, Johnson, W. Stevens, Abell, Arndt, Bonney, G. Stevens None 2. Ordinance No. 98 -09 Amending Title 5 Business Licenses and Regulations to Provide for the Change to a Manager Plan of Government. Presented for consideration was Ordinance No. 98 -09 that, if adopted, amended Kodiak Island Borough Code Title 5 to enact provisions for the reorganization of the municipal executive and administrative functions. ORDINANCES FOR INTRODUCTION ORDINANCE NO. 98 -08 ORDINANCE NO. 98 -09 Volume XXIV Page 60 Ordinance No. 98 -09 was advanced to public hearing on May 7, 1998 under "Consent Agenda ". D. OTHER ITEMS None. INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Kodiak Island Borough School District Board of Education Meetings of February 16 and 26 and March 4, 1998. B. REPORTS None. C. OTHER 1. Kodiak Island Borough School District Board of Education Meeting Summary of March 30, 1998. CITIZENS' COMMENTS Roger Reddekopp thanked Assemblymember Heinrichs for his amendment on the school district budget. He praised the review of the bilingual program. He suggested the school board review teachers' absences for sports during a work session. Superintendent Walters thanked the Assembly for adopting the school district budget resolution. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember W. Stevens reminded the community that spring clean -up day would begin on Saturday, May 2, at 9:00 a.m. at the high school parking lot. Presiding Officer Stevens announced the assembly would meet in a joint assembly /council work session on Tuesday, April 21, at 7:30 p.m. in the Borough conference room with an assembly work session to follow; and work sessions on Thursday, April 23; Tuesday, April 28; and Thursday, April 30, at 7:30 p.m. in the Borough conference room. The next Regular Assembly Meeting April 16, 1998 OTHER ITEMS INFORMATIONAL MATERIALS REPORTS OTHER CITIZENS' COMMENTS Volume XXIV Page 61 regular meeting would be held on Thursday, May 7, at 7:30 p.m. in the assembly chambers. There being no further business to come before the Assembly, the meeting adjourned at 11:53 p.m. ATTEST: (D A Donna F. Smith, CMC /AAE Borough Clerk Regular Assembly Meeting April 16, 1998 G:ry Stevens, residing Officer APPROVED: 05/07/98 ADJOURNMENT Volume XXIV Page 62