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1998-05-21 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting May 21, 1998 A regular meeting of the Kodiak Island Borough Assembly was held May 21, 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: ROLL CALL Gary Stevens, Presiding Tom Abell Scott Arndt Tuck Bonney Robin Heinrichs Bob Johnson Absent: Wayne Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Judi Nielsen CMC, Deputy Clerk Tina Seelinger, Records Manager Karl Short, Finance Director HEINRICHS, seconded by BONNEY VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OF AGENDA Regular Assembly Meeting May 21, 1998 moved to excuse Assemblymember Wayne Stevens. Unanimous voice vote HEINRICHS, moved to approve the seconded by JOHNSON agenda. REGULAR MEETING APPROVAL OF AGENDA Volume XXIV Page 87 HEINRICHS, seconded by JOHNSON VOTE ON MOTION TO AMEND Ayes: Noes: None Absent: W. Stevens MOTION CARRIED Unanimous VOTE ON MOTION TO APPROVE AS AMENDED Ayes: Noes: None Absent: W. Stevens MOTION CARRIED Unanimous APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS moved to amend the agenda by adding as New Business Other Items No. 12.D.1 Assignment of Contract No. 93 -47, Agreement for Collection and Disposal of Garbage and Refuse. Abell, Arndt, Bonney, Heinrichs, Johnson, G. Stevens Arndt, Bonney, Heinrichs, Johnson, Abell, G. Stevens A. Student of the Month STUDENT OF THE MONTH Mayor Jerome Selby presented the Student of the Month Award to Jennifer Botham, a senior at Danger Bay School. Regular Assembly Meeting May 21, 1998 APPROVAL OF MINUTES AWARDS AND PRESENTATIONS Volume XXIV Page 88 CITIZENS' COMMENTS A. Agenda Items Not Scheduled for Public Hearing and General Comments. Evan Jones, interim director of the Kodiak Baptist Mission, was concerned that nonprofit funding for the Mission was reduced by more than $10,000. He saw the Mission as a proven, long -term friend of the community and urged the Assembly to provide at the same level as last year. He heard comments about the gym and nautilus equipment competing with private businesses; however, he felt they provided a needed service to residents. The following people spoke in support of increasing funding to the Kodiak Baptist Mission: Frank Gardner Kim and Marilyn Davidson Jill Holman Christi and Brian Kristoferson (phoned) Curtis Smith Kim and Joe Strickland (Presiding Officer read their note of support.) Ingrid Troxell (phoned) Nick Bible Heather Norton Kathy Burns(phoned) Keith Harrison (phoned) John Reft Douglas Dawson Jerry Holt (phoned) Jack Ruce Sandy Turn (phoned) Craig Stratman Anne Jones Christi Wall (phoned) Sister Diane Bartel (phoned) Linda Bible, Small World director, spoke in support of Small World and the Baptist Mission. Keith Harrison (phoned) Regular Assembly Meeting May 21, 1998 CITIZENS' COMMENTS Volume XXIV Page 89 Pat Branson, Kodiak Senior Citizens Center director, thanked the Assembly for supporting senior citizens. Paul Hanson phoned to say he wanted financial responsibility removed from the Code. COMMITTEE REPORTS COMMITTEE REPORTS None. After a five minute recess at 8:25 p.m., Presiding Officer Stevens reconvened the regular meeting. 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 -11 Amending Kodiak Island ORDINANCE Borough Code of Ordinances Chapter 2.19 NO. 98 -11 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 for elected and appointed officials. JOHNSON, moved to adopt seconded by BONNEY Ordinance No. 98 -11. At Mayor Selby's deferral, Assemblymember Johnson said financial responsibility was in the Code and had to be dealt with. He felt a payment plan would appease everyone. Presiding Officer Stevens clarified that this would not impact the foreclosure process. Presiding Officer Stevens opened the public hearing. Regular Assembly Meeting May 21, 1998 Volume XXIV Page 90 Cheryl McNeil felt the ordinance was vague as there was no relationship between the amount owed and the payment amount. She did not want elected officials to receive special treatment and urged that the code be enforced. Gaynell Hatcher phoned and concurred with Ms. McNeil's comments. Jerry Holt phoned. He felt this could become a court issue that the Borough would not win. He voted for Assemblymember Arndt and did not want his vote subverted. Jill Holman wanted elected officials held to the same standards as the voters they represented. Ed Mahoney phoned to say that he wanted financial responsibility removed from the code. Presiding Officer Stevens closed the public hearing and reconvened the regular meeting. BONNEY, seconded by ARNDT Assemblymember Bonney knew people who were unable to pay their taxes on time; however, he would not want them restricted from serving on the assembly. Presiding Officer Stevens noted that financial responsibility was not addressed in the Ordinance. Therefore, he ruled the motion out of order. Assemblymember Johnson felt the voters should be involved in the decision. Assemblymember Heinrichs heard different opinions and felt the Assembly was in a quandary. He wanted the question placed on the ballot. Presiding Officer Stevens pointed out that the voters never voted on this issue. He saw the Assembly's Regular Assembly Meeting May 21, 1998 moved to amend Ordinance No. 98 -11 by removing financial responsibility from the code. Volume XXIV Page 91 power to remove an elected official, but this was a moral issue. Assemblymember Abell saw the need to either enforce the law or remove it from the code. Assemblymember Arndt spoke against the ordinance. VOTE ON MOTION TO ADOPT Ayes: None Noes: Bonney, Heinrichs, Johnson, Abell, Arndt, G. Stevens Absent: W. Stevens MOTION FAILED Unanimous B. Ordinance No. 95 -05A Amending Ordinance ORDINANCE No. 95 -05 Determining the Disposition of Tax NO. 95 -05A Foreclosed Properties for 1991, 1992, and Previous Years to Reflect Changes in the Purposes of Certain Parcels. 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. HEINRICHS, moved to adopt seconded by JOHNSON Ordinance No. 95 -05A. Mayor Selby said the property consisted of parcels within the city of Larsen Bay that were for sale and parcels that would remain public and available to the Kodiak National Wildlife Refuge. In response to Presiding Officer Stevens, Mayor Selby said the city of Larsen Bay could take the properties for public purpose and pay only the back taxes. Regular Assembly Meeting May 21, 1998 Volume XXIV Page 92 Presiding Officer Stevens 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, Abell, Arndt, Bonney, G. Stevens Noes: None Absent: W. Stevens MOTION CARRIED Unanimous C. Ordinance No. 98 -12 Amending Title 6 Animals to ORDINANCE Provide for the Change to a Manager Plan of NO. 98 -12 Government. Presented for consideration was Ordinance No. 98 -12 that, if adopted, amended Kodiak Island Borough Code Title 6 to enact provisions for reorganization of municipal executive and administrative functions. JOHNSON, moved to adopt seconded by HEINRICHS Ordinance No. 98 -12. Mayor Selby said this was necessary for the change to the manager form of government. Presiding Officer Stevens 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: Johnson, Abell, Arndt, Bonney, Heinrichs, G. Stevens Regular Assembly Meeting May 21, 1998 Volume XXIV Page 93 Noes: None Absent: W. Stevens MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby attended the National Association of Counties conference in Juneau that was also attended by western region representatives. The development of oil, gas, fisheries, timber, and mining resources were featured as the conference theme. The Endangered Species Act would not pass through Congress. The fact that the Stellar sea lion was on the endangered species list impacted Kodiak. Congress placed a moratorium on the Right -of -Ways Act. The Act could impact Alaskans by restricting access to public lands and refuges by trails or gravel roads. Capital projects would be funded by the legislature with more than $30 million coming to Kodiak. Senate Bill 36 was resolved and the school district would receive $303,000 for fiscal year 1999 and an additional $420- 450,000 for fiscal year 2000. The 70/30 funding bill for school construction was available. This funding would not be available again for several years so discussion with the school board was needed. OLD BUSINESS None. NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 98 -21 Fire Protection CONTRACT Agreement for the Kodiak Island Borough NO. 98 -21 Regular Assembly Meeting May 21, 1998 OLD BUSINESS NEW BUSINESS Volume XXIV Page 94 HEINRICHS, seconded by BONNEY Regular Assembly Meeting May 21, 1998 Airport Fire Protection District with the City of Kodiak. moved to approve Contract No. 98 -21 with the City of Kodiak. Mayor Selby said this continued fire protection, provided by the city of Kodiak, in the airport area. There was no discussion by the Assembly. VOTE ON MOTION TO APPROVE Ayes: Abell, Arndt, Bonney, Heinrichs, Johnson, G. Stevens Noes: None Absent: W. Stevens Motion Carried Unanimous B. RESOLUTIONS RESOLUTION 1. Resolution No. 98 -10 Establishing Fees of RESOLUTION the Kodiak Island Borough for Fiscal Year NO. 98 -10 1999. Presented for consideration was Resolution No. 98 -10 that, if adopted, established the fees for the 1999 fiscal year. HEINRICHS, moved to adopt seconded by BONNEY Resolution No. 98 -10. Mayor Selby noted the changes that included the added filing fee for appeals to the Board of Equalization, the increased fee for appeals to the Planning and Zoning Commission and the Assembly, the added appeal record copy fee, the increased metals and automobiles feeS, and the elimination of mental health center fees. Volume XXIV Page 95 ARNDT, seconded by BONNEY Assemblymember Arndt wanted to ensure that the public retained access to government. Assemblymember Abell felt the $150 increase would deter residents from fighting for their rights. In response to Assemblymember Johnson, Mayor Selby said $300 would not cover the cost of an appeal but this would help reduce the cost of government. VOTE ON MOTION TO AMEND Ayes: Noes: None Absent: W. Stevens MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: None Absent: W. Stevens MOTION CARRIED Unanimous Regular Assembly Meeting May 21, 1998 moved to amend Resolution No. 98 -10 on page 3 by removing the Filing Fee to Appeal to the Board of Equalization and on pages 6 and 7 by reducing the cost for Appeal to the Commission and Appeal to the Assembly to $150. Arndt, Bonney, Heinrichs, Johnson, Abell, G. Stevens Bonney, Heinrichs, Johnson, Abell, Arndt, G. Stevens Volume XXIV Page 96 Presented for consideration was Resolution No. 98 -21 that, if adopted, approved the contribution to non- profit benevolent organizations in the amounts indicated for a total of $330,330. 2. Resolution No. 98 -21 Approving the Fiscal Year 1999 Kodiak Island Borough Non - Profit Funding. HEINRICHS, moved to adopt seconded by BONNEY Resolution No. 98 -21. Mayor Selby said the total nonprofit funding was $18,000 higher than last year. He noted the increased funding to Kodiak College and the Brother Francis Shelter and decreased funding to the Baptist Mission and Small World. Assemblymember Abell clarified that funding to the Baptist Mission was reduced, not eliminated. Presiding Officer Stevens respected all nonprofit agencies and their support to the community. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED After a ten minute recess at 9:35 p.m., Presiding Officer Stevens reconvened the regular meeting. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 98 -10 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Regular Assembly Meeting May 21, 1998 Heinrichs, Johnson, Abell, Arndt, Bonney, G. Stevens None W. Stevens Unanimous RESOLUTION NO. 98 -21 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 98 -10 Volume XXIV Page 97 BONNEY, seconded by ARNDT Regular Assembly Meeting May 21, 1998 Borough for the Fiscal Year Commencing on the First Day of July 1998 and Ending on the Thirtieth Day of June 1999 (1999 Fiscal Year Budget) Presented for consideration was Ordinance No. 98 -10 that, if adopted, set the 1999 fiscal year tax levy. JOHNSON, seconded by HEINRICHS Noes: None Absent: W. Stevens MOTION CARRIED Unanimous moved to adopt Ordinance No. 98 -10 in first reading to advance to public hearing on June 4, 1998. Mayor Selby narrated the Fiscal Year 1999 Budget with a computerized slide presentation by Karl Short, finance director. After a five minute recess at 10:32 p.m., Presiding Officer Stevens reconvened the regular meeting. VOTE ON MOTION TO ADVANCE Ayes: Johnson, Abell, Arndt, Bonney, Heinrichs, G. Stevens 2. Ordinance No. 98 -13 Placing a Moratorium on ORDINANCE the Granting of Conditional Use Permits NO. 98 -13 (CUP) in the Pasagshak Area. Presented for consideration was Ordinance No. 98 -13 that, if adopted, placed a moratorium on granting conditional use permits in the Pasagshak area until completion of an area plan. moved to adopt Ordinance No. 98 -13 in first reading to advance to Volume XXIV Page 98 VOTE ON MOTION TO ADVANCE Ayes: JOHNSON, seconded by BONNEY Regular Assembly Meeting May 21, 1998 public hearing on June 4, 1998. At Mayor Selby's deferral, Assemblymember Bonney voiced his concern about the nine future gravel pits that were identified in the Pasagshak valley. He wanted Pasagshak to remain as it was. Assemblymember Heinrichs asked if that created difficulty for the Department of Transportation to rebuild the switchback. Mayor Selby said the exact gravel source had not been determined. Abell, Arndt, Bonney, Heinrichs, Johnson, G. Stevens Noes: None Absent: W. Stevens MOTION CARRIED Unanimous D. OTHER ITEMS OTHER ITEMS 1. Assignment of Contract No. 93 -47 Agreement ASSIGNMENT OF for Collection and Disposal Services of CONTRACT Garbage and Refuse. NO. 93 -47 moved to approve the assignment of Contract No. 93 -47, as modified by Amendment No. 1, from Kodiak Sanitation to USA Waste of Alaska, Inc. of Anchorage, AK. Mayor Selby said Kodiak Sanitation assets were sold to USA Waste of Alaska and the assignment of this contract that would expire December 31, 1998, required Assembly approval. Volume XXIV Page 99 Mayor Selby introduced Bobby Cox, USA Waste of Alaska divisional vice president, noting that this was the third largest solid waste handling firm in the United States. VOTE ON MOTION Ayes: A. MINUTES OF OTHER MEETINGS None. B. REPORTS None. C. OTHER CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Regular Assembly Meeting May 21, 1998 Arndt, Bonney, Heinrichs, Johnson, Abell, G. Stevens Noes: None Absent: W. Stevens MOTION CARRIED Unanimous Mayor Selby thanked Bill Bulen for his contract services to the Borough. INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS 1. Kodiak Island Borough School District Board of Education Special Meeting Summary of May 4, 1998. Assemblymember Abell clarified that the Girl Scouts paid to use the Christian Retreat Center, not the Baptist Mission. MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXIV Page 100 Assemblymember Heinrichs congratulated Jennifer Botham as the student of the month. At his question, Mayor Selby said limitations and utilization of 70/30 funding should be discussed with the school board at a work session. Assemblymember Johnson appreciated Bill Grace, Center for Ethical Leadership representative, for his presentation on ethics in government. Presiding Officer Stevens announced that the Assembly would meet in a work session on Thursday, May 28 at 7:30 p.m. in the borough conference room, would travel to Port Lions on Friday, May 29, and would meet in a regular meeting on Thursday, June 4, at 7:30 p.m. in the assembly chambers. There being no further business to come before the Assembly, the meeting adjourned at 10:50 p.m. ATTEST: Donna F. Smith, CMC /AAE Borough Clerk Regular Assembly Meeting May 21, 1998 G ry Stevens, Presiding Officer APPROVED: 06/04/98 ADJOURNMENT Volume XXIV Page 101