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1998-05-07 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held May 7, 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 Father Paul Smith, followed by the Pledge of Allegiance. There were present: Scott Arndt, Presiding Tom Abell Tuck Bonney Robin Heinrichs Bob Johnson Wayne Stevens Absent: Gary Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC /AAE, Clerk Linda Freed, Community Development Director Assemblymember G. Stevens was out of town and asked to be excused. HEINRICHS, seconded by ABELL VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote APPROVAL OF AGENDA AND CONSENT AGENDA HEINRICHS, seconded by STEVENS Regular Assembly Meeting May 7, 1998 KODIAK ISLAND BOROUGH Regular Assembly Meeting May 7, 1998 moved to excuse Assemblymember Gary Stevens. moved to approve the agenda and consent agenda. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA Volume XXIV Page 63 Clerk Smith read the items 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 16, 1998. STEVENS, seconded by HEINRICHS VOTE ON MOTION MOTION CARRIED AWARDS AND PRESENTATIONS Regular Assembly Meeting May 7, 1998 moved to approve the minutes of April 16, 1998. Unanimous voice vote APPROVAL OF MINUTES AWARDS AND PRESENTATIONS A. Employee of the Month EMPLOYEE OF THE MONTH Mayor Jerome Selby presented the Employee of the Month Award to Gale Gardner, accounting technician in the Finance Department. B. Student of the Month of April STUDENT OF THE MONTH OF APRIL Mayor Jerome Selby presented the Student of the Month Award for April to Jessica Gardner, a junior at Kodiak High School. B. Proclamation PROCLAMATION Mayor Selby proclaimed the week of May 3 -9, 1998 MUNICIPAL CLERKS Municipal Clerks Week in honor of Borough clerk Donna WEEK Smith and her staff and in appreciation to all municipal clerks for the vital services they perform and the exemplary dedication to the communities they represent. Volume XXIV Page 64 CITIZENS' COMMENTS A. Agenda Items Not Scheduled for Public Hearing and General Comments. John A. Parker thanked the assembly and mayor for the annual report that was one of the most informative governmental documents available. He thought it was perhaps time to expand the Borough's use of the Internet by creating a Borough page, adopting a plan for the average citizen to review, and providing public information to those who wanted to know about Kodiak. He appealed to the Assembly to provide annexation direction or a position statement on the Borough's perspective and to provide information the city manager did not provide. Phil Cline, Providence Kodiak Island Medical Center administrator, reported gains in the months of February and April but a loss in the month of March. Year -to -date the hospital was ahead of budget as expense reductions were paying off. He was pleased with the progress and staffing of the Mental Health Center. A quarterly report would be available that showed a break -even point. A good job was being done to expand services and in working with the school district. He said the Speciality Clinic was showing benefits in terms of offering an expanded range of services in cardiology, pediatrics, and ear, nose, and throat specialties. The renovation of the Speciality Clinic wing increased accommodations for specialists. COMMITTEE REPORTS A. Kodiak Subarea Contingency Plan for Oil and Hazardous Substance Discharges /Releases. Linda Freed, Community Development Department director, gave a brief overview of the Plan in order for the public to be aware of the review process. The planning document was created to provide guidance to federal and state governments as a guide for Regular Assembly Meeting May 7, 1998 CITIZENS' COMMENTS COMMITTEE REPORTS KODIAK SUBAREA CONTINGENCY PLAN Volume XXIV Page 65 industry plans that met state and federal requirements. The plan created a frame work for emergency response that provided a local on -scene coordinator, a volunteer manual, and geographic response plans. Public comments on the plan would be received May 19, 1998 in Kodiak. A final document would be available to the public by the end of June 1998. Woody Koning, Kodiak Area Transit Committee member, reported it appeared the project would remain solvent for the term of the budget. He told of projects to acquire signs and shelters. The contractor reported that, in March, ridership increased 53 percent, total revenue hours increased 18 percent, and total revenue gains increased 32 percent. The next meeting of the Committee was scheduled for May 18, 1998 at 1:30 p.m. Deputy Presiding Officer Arndt asked that a copy of the contractor's report be provided to the Assembly. 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. 98 -08 Amending Kodiak Island ORDINANCE Borough Code of Ordinances Title 18 Borough Real NO. 98 -08 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 KIB code to implement regulations to reduce the impact of motorized watercraft on urban lakes and the vandalism of Borough park lands. JOHNSON, moved to adopt seconded by HEINRICHS Ordinance No. 98 -08. Regular Assembly Meeting May 7, 1998 Volume XXIV Page 66 Mayor Selby said the ordinance was prepared in response to two issues: 1) motorized watercraft on Island Lake, and 2) vandalism at Borough parks. The ord- inance would place regulations on the use of lakes and parks. Deputy Presiding Officer Arndt called for public testimony. Barbara Williams wanted to address issues of concern by defining misuse to allow enforcement. She asked those in the audience that supported the ordinance to stand. She thought the welfare and needs of the majority would outweigh the benefit to a few. Bill Hinkle, Island Lake Camp Mueller representative, was concerned about the safety of mixing high speed watercraft with canoes on Island Lake. Ms. Oskolkoff phoned urging passage of the ordinance as she had seen increased use of Island Lake. Janel Keplinger opposed the ordinance as written. She felt the solution would be to document the various groups' use of Island Lake to develop and establish a use agreement. John Marshall phoned questioning who would enforce the ordinance. He hated to see laws that were unenforceable. Jane Petrich opposed the ordinance. Her children participated in sports that required the use of a motor craft. She felt she was being told she could not use Island Lake as she wanted. She also thought enforcement was an issue. She felt each user had a personal responsibility to show respect for others using the Lake. She felt regulations should be at a community level - -not a Borough level. Ellen Ross protested speed power boats and water skiers as big waves were created that could damage children and wildlife. She urged the Assembly to consider the small children. Regular Assembly Meeting May 7, 1998 Volume XXIV Page 67 Bonnie Dillard agreed with previous speakers as she did not want jet skis on the lake. She questioned the enforceability of the ordinance. She suggested review of alternatives for lake use. David O'Brien used the lake for wake boarding as there were not many places to go. He was not aware of any problems. Eric O'Brien used the lake for wake boarding and water skiing. He never thought he was rude to anyone. Since there seemed to be so many restrictions for youth, he asked where they could go. Tom Frost phoned to tell of a tragedy in years past. He felt the ordinance was doing Kodiak a great favor. Pat Szabo did not hear complaints about non - motorized activities. She felt Island Lake was too small for motorized activities that preempted the use of non - motorized activities. She agreed with the need for a limit for safe public access to the Lake. She read a letter from Phil and Lisa Robbins requesting implementation of regulations. Jocelyn Peterson phoned to say Island Lake was too small for motorized watercraft. Mike Sweeney never saw a dangerous situation on Island Lake. He thought a compromise could be reached rather than close the Lake off. He asked how the ordinance would be enforced when four - wheeler and small motorcycle regulations could not be enforced. He read a letter from his neighbor, Craig Baker, agreeing there was a usage conflict but water activities could be scheduled on Island Lake. Kyle Eaton used Island Lake for water skiing and wake boarding. He thought time should be sanctioned on lake usage. He read a letter from a friend, Jesse Mickelson, whose best memories were his activities on Island Regular Assembly Meeting May 7, 1998 Volume XXIV Page 68 Lake and did not want the good outdoor activity destroyed. He added that Mr. Mickelson was the 1995 Kodiak High School valedictorian. Cheryl McNeil phoned to urge the Assembly to consider comments requesting a meeting of the Island Lake community to reach a compromise. Bernie Meier opposed unlimited use of Island Lake for power vehicles. He urged that regulations be established. Bud Cassidy saw increased canoeing and jet skiing on Island Lake. He recommended scheduled uses as the Lake was too small for jet skis. If the use of the Lake by water skiers increased, that should be the time to review the regulations. Steve Amos was opposed to a ten - horsepower limit. He rode jet skis in the ocean but learned on a lake where it was calm and more controlled. He agreed with development of a schedule with motor vehicle use in the main part of Island Lake, not into the peninsula. John Parker saw a problem with the three - phased ordinance. It was apparent to him the issue being addressed was Island Lake but the other issues were vandalism and park uses. He did not agree with the hours the parks would be available. He wanted a long -term solution on each issue separately. Lois Stover said that Island Lake was too small for jet skis; therefore, there needed to be regulations. Users needed to be considerate of each other. Tom Emerson saw increased motorized and non - motorized use on the Lake. He saw users having fun but also saw the damage. He suggested creating a park board to develop regulations that worked for everyone. He noted that ten horsepower engines could go 60 MPH so regulating horsepower did nothing. He did not think it was necessary to totally restrict Lake usage. Regular Assembly Meeting May 7, 1998 Volume XXIV Page 69 Josh Anderson, Island Lake user, did not want restrictions. Russell Pruitt, Island Lake user, opposed the ordinance as written. He thought there must be some other way to regulate. Dave Mattsen suggested establishing priorities for users of Island Lake by working together. Randy Chase thought residents had a legitimate claim but opposed the ordinance as written because Island Lake was the only fresh water lake everyone could use. Theresa Baker and son, Shane, thought there should be a compromise so that opportunities for young people were not taken away. Val Miller felt the ordinance needed more work as agreements were needed on all lakes based on size. Tim Howland wanted a compromise developed on lake usage. He also questioned the ban on bike riding in the parks. Adam Borton spoke in opposition because all should not be punished for a few. Chad Borton was an Island Lake user who would hate to see it shut down for wave boarding and jet skis. He urged a compromise be reached. Sid Pruitt wanted restrictions on parks as he had complained about late night /early morning noise as well as trash at parks. He especially thought something needed to be done at Otmeloi Park. He thought lake uses and park uses should be in separate ordinances. Frank Peterson phoned to relay that he was not comfortable with the jet ski draft ordinance. He agreed to the need for a balance with safety regulations as lakes were a public resource. Regular Assembly Meeting May 7, 1998 Volume XXIV Page 70 Christy Gorton was concerned about safety and wildlife but wanted options for use of lake. Joachim Beeker echoed John Parker's comments and asked that the law be more flexible on park use hours. Lindsey Cassidy phoned to express her agreement that Island Lake should be shared. Tracy Opheim thought a compromise was better than limiting the use of jet skis. Ginny Sargent phoned to suggest using surveillance cameras to find out who was vandalizing parks. Kristin Stahl- Johnson favored the ordinance but wanted the use of parks late at night. More people were using the lakes and should be regulated use because of conflicts. She said the Coast Guard was taking a hard look at jet skis in the state of Alaska. Common sense could not be regulated so lake usage needed to be regulated. Mike Sirofchuck was a member of the Kodiak State Parks Advisory Board and spoke to the curfew proposed at the parks. If there was a park curfew, it would give the state troopers the power to remove people from the parks that needed to be removed. He urged that a park curfew be retained in the ordinance. Brian Johnson told of what he has seen take place on Island Lake and wanted something done. Doug Pengilly phoned in his support of the ordinance to curtail destruction to recreational areas. Shelly Lawson thought safety was most important. Alex Ardinger phoned to say that, as a fourteen -year- old, he thought it would be unfair to take away his use of Island Lake. Melanie Patterson thought a compromise could be reached. Regular Assembly Meeting May 7, 1998 Volume XXIV Page 71 Mark Benton phoned to say that a curfew on use of public property, but not regulated use, was an answer. Lorna Arndt lived on Island Lake and enjoyed watching the users of the Lake, including the jet skiers. As the longest residing resident on the lake, she had never seen problems. She urged the Assembly not to eliminate good clean sports and fun but to establish time limits for users. Charlene Chase hated to see one more youth activity taken away. She agreed with a time limit and a compromise. She did not see how a time regulation in parks would help as the enforcement by state troopers was not happening. Brian Levy, 15, phoned to say that although he had a great time on the lake, he did not see a necessity to jet ski because there were plenty of other activities. After a 15 minute recess at 10:00 p.m., Deputy Presiding Officer Arndt reopened the public hearing. Ron Chase encouraged a compromise on sharing the use of the lake. Mike Williams felt safety was an issue and something needed to be done. John Arends said Island Lake was the only lake where jet skiers could ride. He thought common sense was needed, not regulations. Danny Stihl said it was easy to ask for a compromise if one was not impacted. He saw the conflict between users on Island Lake. He did not foresee a workable compromise nor solutions. Tara Alexander rode jet skis but not on Island Lake. She felt other areas would be impacted if the privilege to ride on Island Lake was restricted. Regular Assembly Meeting May 7, 1998 Volume XXIV Page 72 Chris Constalaney phoned to oppose the ordinance, although he sympathized with the safety concerns. People who lived on the Lake did not have more rights than the rest of the public. He thought compromise was the answer. Jamey Spencer noted that jet skies had to be flushed out by fresh water. He recommended a compromise. Brian Willis said the Lake was for recreational activities and agreed a time restriction was a good idea. He urged users to have fun but to respect the community and land. James Shook phoned urging the Assembly not to take things away as there were limited activities already. Kevin Arndt thought a time restriction with off -limit areas was a solution. Mary Ann Seaton phoned her opposition to more restrictions. Mindy Pruitt phoned in her opposition to the ordinance. Lisa Costelecky thought a time restriction and sectioning off areas was a good compromise. Upon seeing and hearing no further testimony, Deputy Presiding Officer Arndt closed the public hearing. Assemblymember Abell said the ordinance was prepared when residents on Island Lake expressed a problem with jet skiers. He thought there might be a law on reckless endangerment. He said users should work together or enforcement would be necessary. Assemblymember Johnson noted that 64 testified 2:1 against the ordinance. A majority felt there should be a compromise. He urged discussion and compromise taking part outside the system. Regular Assembly Meeting May 7, 1998 Volume XXIV Page 73 Assemblymember Bonney saw two different issues. He opposed the ordinance because of park hours. He did want a solution to lake usage within thirty days because he recognized a problem. He did not think Island Lake was the place for jet skis. Assemblymember W. Stevens wanted a task force to define regulations the Assembly could adopt so that all users would know what to expect. He appreciated the testimony for good ideas to craft into an ordinance that was palatable to a greater number of people. Assemblymember Arndt did not think thirty days was enough time to develop regulations from user groups. Until regulations were developed and adopted, there was a need to ask user groups to be responsible. Assemblymember Bonney thought people working together could solve the problem within thirty days, especially with the summer months coming up. Assemblymember Johnson urged the community to see the problem before the Assembly adopted legislation. He was apprehensive about a large number of people being able to develop a consensus for use, but knew the Assembly could establish a task force. Responding to Assemblymember Abell, Mayor Selby said both the Coast Guard and the state troopers could enforce this ordinance on lake usage. The four items on park usage were identical to state park regulations and would be enforceable. When trespass was defined, there was an option to do something. HEINRICHS, seconded by STEVENS Regular Assembly Meeting May 7, 1998 moved to amend Ordinance No. 98 -08 by striking 18.35.020 G, as well as the first four WHEREAS's, and to solicit parties for a task force on Island Lake for May 21 appointment with a report due by July 16. Volume XXIV Page 74 Assemblymember Bonney did not see a need for heavy - handed government to define trespass because it took away the rights of people in Kodiak to enjoy the Island without asking for permission. Debate ensued on the main motion and not the motion to amend. VOTE ON MOTION TO AMEND Ayes: Heinrichs, W. Stevens Noes: Abell, Bonney, Johnson, Arndt Absent: G. Stevens MOTION FAILED 1 Ayes, 4 Noes VOTE ON MOTION TO ADOPT Ayes: None Noes: Bonney, Heinrichs, Johnson, W. Stevens, Abell, Arndt Absent: G. Stevens MOTION FAILED Unanimous Deputy Presiding Officer Arndt would recommend to Presiding Officer Stevens that a task force be established. After a five minute recess at 11:10 p.m., Deputy Presiding Officer Arndt reconvened the regular meeting. 2. Ordinance No. 98 -09 Amending Title 5 ORDINANCE Business Licenses and Regulations to NO. 98 -09 Provide for the Change to a Manager Plan of Government. Regular Assembly Meeting May 7, 1998 Volume XXIV Page 75 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. BONNEY, moved to adopt seconded by HEINRICHS Ordinance No. 98 -09. Mayor Selby explained the changes in the code were a result of the ballot question in October of 1997 and would be effective in October of 1998. Deputy Presiding Officer Arndt called for public testimony; hearing and seeing none, he reconvened the regular meeting. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Heinrichs, Johnson, W. Stevens, Abell, Bonney, Arndt Noes: None Absent: G. Stevens MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby reported on the impact assistance bill based on new discoveries on the continental shelf. He was watching the federal appropriation process carefully, especially the Coast Guard rehabilitation of hangars. He met with Fish & Wildlife staff to draft the appraisal process to determine values of land for revenue sharing. He was working on the continuum of care application process for the Welfare -to -Work Program. Regular Assembly Meeting May 7, 1998 Volume XXIV Page 76 A tentative schedule was drafted by the Planning and Zoning Commission regarding the Pasagshak area. The Resource Development Council commented on fishing zones for state fish habitats nationwide. The capital budget was passed in the Senate with fairly significant projects for the Kodiak area to total $30 million. He commended Senator Mackie and Representative Austerman for working very hard in Juneau for Kodiak. Kodiak would receive a $5,270 refund from the Alaska Municipal League as participants in the joint insurance pool. W. STEVENS, moved to extend the seconded by HEINRICHS meeting to 12:15 p.m. VOTE ON MOTION TO EXTEND MOTION CARRIED Unanimous voice vote OLD BUSINESS OLD BUSINESS A. 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. The motion to adopt Ordinance No. 97 -10C was before the Assembly. The motion to amend Ordinance No. 97 -10 to remove the $1.3 million transfer into Hospital Fund 540 was before the Assembly. Assemblymember Johnson voice his objection to the amendment because these were hospital funds. Regular Assembly Meeting May 7, 1998 Volume XXIV Page 77 VOTE ON MOTION TO AMEND Ayes: Arndt, Bonney Noes: Johnson, W. Stevens, Abell, Heinrichs Absent: G. Stevens MOTION FAILED 2 Ayes, 4 Noes Mayor Selby suggested reducing Fund 410 by $50,000 at the Fire Protection Area No. 1 Board's request. Deputy Presiding Officer Arndt did not remember the Board taking action before the adjustment was proposed and suggested the minutes be reviewed. HEINRICHS, seconded by JOHNSON VOTE ON MOTION TO AMEND Ayes: Noes: Absent: Regular Assembly Meeting May 7, 1998 moved to amend Fund 410 by reducing $125,000 to $75,000 and by reducing Fund 163 Bayside Fire Station from $125,000 to $75,000. Deputy Presiding Officer Arndt explained that the $75,000 was to cover grant monies, and he was still not clear why the change was not to zero. Assemblymember Heinrichs also was not sure what the record indicated and agreed there was confusion. Mayor Selby noted he was responding to a memo from the Board chair recommending the $75,000 figure. He agreed the memo was not clear. W. Stevens, Abell, Bonney, Heinrichs, Johnson, Arndt None G. Stevens Volume XXIV Page 78 MOTION CARRIED Unanimous There was no further discussion by the Assembly on the main motion as amended. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Abell, Heinrichs, Johnson, W. Stevens Noes: Bonney, Arndt Absent: G. Stevens MOTION CARRIED 4 Ayes, 2 Noes NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 98 -16 Kodiak Island Landfill CONTRACT Stage 1 Closure Facilities. NO. 98 -16 HEINRICHS, seconded by Regular Assembly Meeting May 7, 1998 moved to award Contract No. 98 -16 to A -K Construction of Kodiak in an amount not to exceed $1,470,168. Mayor Selby said this was for construction of modifications to the existing landfill. Three bids were received and A -K Construction was the low bidder. Deputy Presiding Officer Arndt asked that in the future bid tabulation sheets be included. There was no discussion by the Assembly. VOTE ON MOTION TO AWARD Ayes: Bonney, Heinrichs, Johnson, W. Stevens, Abell, Arndt NEW BUSINESS Volume XXIV Page 79 Noes: None Absent: G. Stevens MOTION CARRIED Unanimous 2. Contract No. 98 -17 Tables for Community CONTRACT Training Center, Bayside Fire Station. NO. 98 -17 W. STEVENS, seconded by HEINRICHS moved to approve Contract No. 98 -17 with Mity -Lite of Orem, Utah in an amount not to exceed $9,189.30 FOB Seattle. Mayor Selby noted the recommendation from the Fire Protection Area No. 1 Board was to approve the contract to equip the training room. There was no discussion by the Assembly. VOTE ON MOTION TO APPROVE Ayes: Heinrichs, Johnson, W. Stevens, Abell, Bonney, Arndt Noes: None Absent: G. Stevens MOTION CARRIED Unanimous 3. Contract No. 98 -18 Chairs for Community CONTRACT Training Center, Bayside Fire Station. NO. 98 -18 HEINRICHS, seconded by W. STEVENS Regular Assembly Meeting May 7, 1998 moved to approve Contract No. 98 -18 with Interior Development East Ltd. Of Spokane, Washington in an amount not to exceed $15,760 FOB Seattle. Mayor Selby said approval of this contract would purchase the chairs to equip the training center. Volume XXIV Page 80 There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Johnson, W. Stevens, Abell, Bonney, Heinrichs, Arndt Noes: None Absent: G. Stevens MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 98 -18 Urging the Ocean RESOLUTION Studies Board /National Research Council of NO. 98 -18 the National Academy of Sciences to Visit Kodiak. Presented for consideration was Resolution No. 98 -18 that, if adopted, requested that Senator Ted Stevens and Representative Don Young request the Ocean Studies Board to visit Kodiak Island to interview the affected people of the community. JOHNSON, moved to adopt seconded by HEINRICHS Resolution No. 98 -18. Mayor Selby said Jane Eisemann requested this as she felt it was important that the board interview people impacted by the Transferable Fishing Quotas. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: W. Stevens, Abell, Bonney, Heinrichs, Johnson, Arndt Noes: Absent: Regular Assembly Meeting May 7, 1998 None G. Stevens Volume XXIV Page 81 MOTION CARRIED Unanimous 2. Resolution No. 98 -19 Ensuring Equal RESOLUTION Opportunity in Housing for All Persons NO. 98 -19 Regardless of Race, Color, Religion, Sex, Family Status, or National Origin. Presented for consideration was Resolution No. 98 -19 that, if adopted, ensured the publicity to cause owners of real estate, developers, and builders to become aware of their respective responsibilities and rights under the Federal Fair Housing Law and any applicable state or local laws or ordinances. JOHNSON, moved to adopt seconded by ABELL Resolution No. 98 -19. Mayor Selby said this was required for the Borough to be eligible for federal grant funds. Most of the activity would be referred to the Kodiak Island Housing Authority. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Abell, Bonney, Heinrichs, Johnson, W. Stevens, Arndt Noes: None Absent: G. Stevens MOTION CARRIED Unanimous 3. Resolution No. 98 -20 Urging Governor RESOLUTION Knowles to Attend the National Oceans NO. 98 -20 Conference. Presented for consideration was Resolution No. 98 -20 that, if adopted, urged Governor Knowles to attend the National Oceans Conference to relate Alaska's success story and educate the Conference delegates to adopt policies that allowed Alaska to continue to Regular Assembly Meeting May 7, 1998 Volume XXIV Page 82 wisely manage what was occurring in, on, and around the ocean in Alaskan waters. W. STEVENS, moved to adopt seconded by HEINRICHS Resolution No. 98 -20. Mayor Selby said 1998 was the United National Year of the Ocean and Governor Knowles was asked to attend the conference to educate the attendees about Alaska's wise management of the ocean. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION Bonney, Heinrichs, Johnson W. Stevens, Abell, Arndt None G. Stevens Unanimous 1. Ordinance No. 98 -11 Amending Kodiak Island Borough Code of Ordinances Chapter 2.19 Financial Responsibility to Provide for a Plan for a Delinquent Account. Presented for consideration was Ordinance No. 98 -11 that, if adopted, redefined the term "delinquent" as related to property tax accounts, utility accounts, and land sales accounts and provided for a plan for a delinquent account by elected or appointed officials. Ordinance No. 98 -11 was advanced to public hearing on May 21, 1998 under "Consent Agenda ". 2. Ordinance No. 95 -05A Amending Ordinance No. 95 -05 Determining the Disposition of Tax Foreclosed Properties for 1991, 1992, and Previous Years to Reflect Changes in the Purposes of Certain Parcels. Regular Assembly Meeting May 7, 1998 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 98 -11 ORDINANCE NO. 95 -05A Volume XXIV Page 83 Presented for consideration was Ordinance No. 95 -05A that, if adopted, reflected changes in the purpose of certain parcels before sale of properties or use by the United States Fish and Wildlife Service as part of the Kodiak National Wildlife Refuge. Ordinance No. 95 -05A was advanced to public hearing on May 21, 1998 under "Consent Agenda ". 3. Ordinance No. 98 -12 Amending Title 6 Animals to Provide for the Change to a Manager Plan of Government. Presented for consideration was Ordinance No. 98 -12 that, if adopted, amended Kodiak Island Borough Code Title 6 to enact provisions for the reorganization of the municipal executive and administrative functions. Ordinance No. 98 -12 was advanced to public hearing on May 21, 1998 under "Consent Agenda ". D. OTHER ITEMS A. 1. W. STEVENS, seconded by BONNEY Appointment to Airport Advisory Committee. VOTE ON MOTION TO APPOINT MOTION CARRIED INFORMATIONAL MATERIALS (No action required) MINUTES OF OTHER MEETINGS moved to appoint Charles Barber to the Airport Advisory Committee for a term to expire December 31, 2000. Unanimous voice vote 1. Personnel Advisory Board Meeting of January 28, 1998. 2. MIS Steering Committee Meeting of March 13, 1998. Regular Assembly Meeting May 7, 1998 ORDINANCE NO. 98 -12 OTHER ITEMS AIRPORT ADVISORY COMMITTEE APPOINTMENT INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS Volume XXIV Page 84 3. Womens Bay Service Area Board Meeting of February 23, 1998. 4. Kodiak Island Borough School District Board of Education Meeting of March 30, 1998. 5. Providence Kodiak Island Mental Health Center Advisory Board Meeting of January 26 and Work Session Notes of February 23, 1998. 6. Planning and Zoning Commission Meeting of February 18, 1998. 7. Local Emergency Planning Committee Meeting of February 11, 1998. 8. Service District No. 1 Board Meeting of March 3, 1998. B. REPORTS REPORTS 1. Kodiak Island Borough April 1998 Financial Report. 2. Kodiak Economic Development Program April 1998 Report. C. OTHER 1. Kodiak Island Borough School District Board of Education Meeting of April 20, 1998 summary. CITIZENS' COMMENTS Gaynell Hatcher phoned to express her displeasure at the inappropriate language used by elected officials. She asked for a ruling on elected officials using inappropriate language at a public meeting. Roger Reddekopp spoke of a task force that was formed recently for a divisive sport fishing issue. The task force was able to complete their task in 30 days and he felt the same could be done with the Island Lake issue. Regular Assembly Meeting May 7, 1998 OTHER CITIZENS' COMMENTS Volume XXIV Page 85 ASSEMBLYMEMBER COMMENTS Deputy Presiding Office Arndt announced that the Assembly would meet in a work session on Thursday, May 14 at 7:30 p.m. in the Borough conference room and a regular meeting on Thursday, May 21 at 7:30 p.m. in the assembly chambers. There being no further business to come before the ADJOURNMENT Assembly, the meeting adjourned at 11:55 p.m. ATTEST: Regular Assembly Meeting May 7, 1998 Gay L. Stevens, Presiding Officer `^1 onna F. Smith, CMC /AAE APPROVED: 06/04/98 Borough Clerk ASSEMBLYMEMBER COMMENTS Volume XXIV Page 86