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1998-06-18 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting June 18, 1998 A regular meeting of the Kodiak Island Borough Assembly was held June 18, 1998 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:35 p.m. Presiding Officer Stevens led 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 APPROVAL OF AGENDA AND CONSENT AGENDA HEINRICHS, seconded by W. STEVENS VOTE ON MOTION TO APPROVE moved to approve the agenda and consent agenda. Clerk Smith read the items for consideration under "Consent Agenda ". MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES APPROVAL OF MINUTES A. Kodiak Island Borough Assembly regular meeting of June 4, 1998. JOHNSON, moved to approve the seconded by HEINRICHS minutes of June 4, 1998. VOTE ON MOTION TO APPROVE Regular Assembly Meeting June 18, 1998 REGULAR MEETING APPROVAL OF AGENDA AND CONSENT AGENDA Volume XXIV Page 117 MOTION CARRIED Unanimous voice vote AWARDS AND PRESENTATIONS A. Native Youth Olympics. Mayor Selby introduced Rhea Eisenhower and Dale Harris who presented a plaque on behalf of the Native Youth Olympics. Twenty people participated in the Olympics in Anchorage and received the sportsmanship award for the eighth consecutive year. They thanked the Assembly for supporting a program focused on teamwork and helping others. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing and General Comments. Mike Milligan wanted tax foreclosed property to be sold. He knew a joint effort of the Borough and the Alaska Department of Fish and Game resulted in record 1990 red salmon levels. He wanted to see a skating rink and the Bells Flats gravel pit used for salmon. Envoy Ned Ortiz of the Salvation Army gave the invocation. AWARDS AND PRESENTATIONS NATIVE YOUTH OLYMPICS CITIZENS' COMMENTS COMMITTEE REPORTS COMMITTEE REPORTS None. 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 -14 Rezoning a Portion of Lot ORDINANCE S1A and All of Lot S2, U.S. Survey 3218 NO. 98 -14 (Approximately 11.8 Acres) From I- Industrial To B- Business, and a Flag Stem Portion of Lot S1B, U.S. Survey 3218 (Approximately 3,000 Square Feet) From R2 -Two Family Residential To B- Business. (173 Island Lake Road, 2705 Mill Bay Road, and 2980 Cove Drive) Regular Assembly Meeting June 18, 1998 Volume XXIV Page 118 Presented for consideration was Ordinance No. 98 -14 that, if adopted, rezoned property consistent with the original Comprehensive Plan. JOHNSON, moved to adopt seconded by BONNEY Ordinance No. 98 -14. Ninety -three public hearing notices were mailed and one was returned voicing no objection. Mayor Selby said the Planning and Zoning Commission recommended approval of this rezone of property that was located in the vicinity of Brechan Enterprises. Presiding Officer Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. The was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Abell, Arndt, Bonney, Heinrichs, Johnson, W. Stevens, G. Stevens Noes: None MOTION CARRIED Unanimous B. Ordinance No. 97 -10D Amending Ordinance No. 97 -10 Fiscal Year 1998 Budget to Reflect Adjustments. Presented for consideration was Ordinance No. 97 -10D that, if adopted, amended the FY 1998 budget. BONNEY, seconded by ARNDT BONNEY, seconded by ARNDT Regular Assembly Meeting June 18, 1998 moved to adopt Ordinance No. 97 -10D. moved to amend Ordinance No. Ordinance No. 97 -10D by substitution. Mayor Selby said the substituted version was increased $5,000 for school district audit support. He explained the line item adjustments. ORDINANCE NO. 97 -10D Volume XXIV Page 119 VOTE ON MOTION TO AMEND Ayes: Noes: None VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting June 18, 1998 Arndt, Bonney, Heinrichs, Johnson, W. Stevens, Abell, G. Stevens MOTION CARRIED Unanimous Mayor Selby said this included attorney fees specific to one law suit, an adjustment to the Mental Health Center and Day Care Assistance Program state grants, and an adjustment to the Womens Bay Service District fund balance. Presiding Officer Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. There was no discussion by the Assembly. Bonney, Heinrichs, Johnson, W. Stevens, Abell, Arndt, G. Stevens C. Ordinance No. 98 -15 Repealing Kodiak Island ORDINANCE Borough Code of Ordinances Chapter 2.19 NO. 98 -15 Financial Responsibility. Presented for consideration was Ordinance No. 98 -15 that, if adopted, repealed KIBC 2.19 that allowed removal of an elected official or board, commission, or committee member from office for a delinquent account with the Borough. JOHNSON, moved to adopt seconded by BONNEY Ordinance No. 98 -15. At Mayor Selby's deferral, Assemblymember Johnson said this was a controversial issue; however, the Assembly had never enforced the law. He heard a resident comment that the law was unconstitutional. Volume XXIV Page 120 He said voters could re -elect officials removed from office. Presiding Officer Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. Assemblymember W. Stevens was on the Assembly in 1988 when the law was adopted; but, he did not remember what precipitated the law. He agreed that elected officials were obligated to pay their debts; however, he also questioned if it was constitutional to remove an elected official from office. Assemblymember Heinrichs felt that this should go to the voters to decided to whether the law should be retain. If the voters decide it should, then the Assembly could determine the proper way to remove elected officials. Assemblymember Johnson contended that this public hearing was well published yet no one testified. Assemblymember W. Stevens wanted this removed from the code now, and voters could initiate a ballot measure this fall with a process that worked. Assemblymember Arndt saw this as unconstitutional and discriminatory because school board members and the mayor were exempt. His taxes were in arrears but there was a foreclosure process in state statutes. He was elected to office and felt the Assembly was not qualified to remove him from office. He said the Assembly created the law and should remove the law. Assemblymember Johnson understood Kodiak was the only Borough in the state with this type of law. Assemblymember Abell wanted to remove the law and let the question be placed on the ballot by petition. VOTE ON MOTION TO ADOPT Ayes: Johnson, W. Stevens, Abell, Arndt, Bonney, G. Stevens Noes: Heinrichs MOTION CARRIED 6 Ayes, 1 No Regular Assembly Meeting June 18, 1998 Volume XXIV Page 121 MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby reported that Kodiak was designated as an International Port of Entry on May 26, 1998. A customs agent in Anchorage was available as needed until a full time agent was placed in Kodiak. The Providence Kodiak Island Medical Center first quarter report indicated a positive cash flow. OLD BUSINESS None. NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 98 -27 Agreement for Lobbying CONTRACT Services. NO. 98 -27 W. STEVENS, seconded by ARNDT moved to approve Contract No. 98 -27 with Don Kubley in an amount not to exceed $36,000. Mayor Selby said this renewed the contract for the 1999 -2000 legislative session. He felt Mr. Kubley represented the borough well and was a key player in securing $30 million in capital projects for Kodiak. BONNEY, moved to postpone Contract seconded by ABELL No. 98 -27 to July 16, 1998. Assemblymember Bonney wanted a commitment from the city of Kodiak council because they were impacted by the lobbyist. Assemblymember Arndt did not want to wait for the council but agreed that it was appropriate to discuss this at a joint work session. Assemblymember Abell felt Mr. Kubley would represent the Borough well regardless of the council's position. Assemblymember Johnson said the postponement could compromise Mr. Kubley's ability to work for Kodiak in Regular Assembly Meeting June 18, 1998 OLD BUSINESS NEW BUSINESS Volume XXIV Page 122 the interim session because of needed groundwork. Assemblymember Bonney wanted the Borough and City to work together with one lobbyist because he felt a divided house could fall. Presiding Officer Stevens thought the City was reviewing the overall need for a lobbyist. Assemblymember Heinrichs favored the postponement as he felt additional discussion at a work session was warranted. Assemblymember W. Stevens spoke against postponing. He recommended encouraging the council to be a continued part of a very successful process in Juneau. In response to Presiding Officer Stevens, Mayor Selby spoke of the capital projects list and that Mr. Kubley had served the borough well in the past. VOTE ON MOTION TO POSTPONE Ayes: Bonney, Heinrichs Noes: Johnson, W. Stevens, Abell, Arndt, G. Stevens MOTION FAILED 2 Ayes, 5 Noes Assemblymember Abell said Mr. Kubley had not made the bi- annual trip to Kodiak as noted in the contract. He wanted more communication between the Assembly and Mr. Kubley by adhering to the contract terms. VOTE ON MOTION TO APPROVE Ayes: Noes: Bonney MOTION CARRIED 6 Ayes, 1 No 2. Contract No. 98 -28 Fiscal Years 1999 and CONTRACT 2000 Junk Removal Program Services. NO. 98 -28 Regular Assembly Meeting June 18, 1998 W. Stevens, Abell, Arndt, Heinrichs, Johnson, G. Stevens Volume XXIV Page 123 BONNEY, seconded by HEINRICHS moved to award Contract No. 98 -28 to Kodiak Towing for the amounts specified on their bid sheet. Mayor Selby said Kodiak Towing was the lowest of three bids received for the two year contract. There was no discussion by the Assembly VOTE ON MOTION TO AWARD Ayes: W. Stevens, Abell, Arndt, Bonney, Heinrichs, Johnson, G. Stevens Noes: None MOTION CARRIED Unanimous 3. Contract No. 98 -29 Kodiak Island Borough CONTRACT and City of Kodiak Animal Control. NO. 98 -29 W. STEVENS, seconded by HEINRICHS Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting June 18, 1998 moved to approve Contract No. 98 -29 with the City of Kodiak for animal control in an amount not to exceed $52,000. Mayor Selby said this continued the existing animal control contract with the city for one year. There was no discussion by the Assembly. VOTE ON MOTION TO APPROVE Ayes: Abell, Arndt, Bonney, Heinrichs, Johnson, W. Stevens, G. Stevens 4. Contract No. 98 -30 Economic Development CONTRACT Program Agreement. NO. 98 -30 Volume XXIV Page 124 JOHNSON, seconded by HEINRICHS Mayor Selby said this continued the contract for the economic development specialist and provided funds for village representatives' travel. When Assemblymember W. Stevens requested a ruling on his perceived conflict of interest as the Kodiak Chamber of Commerce Director, Presiding Officer Stevens ruled no conflict of interest, to which the assembly agreed. Assemblymember Abell wanted to reduce the mill rate next year and thought this was a good place to start. He also felt the position was not as active as anticipated. VOTE ON MOTION TO APPROVE Ayes: Heinrichs, Johnson W. Sevens, G. Stevens Noes: Arndt, Bonney, Abell MOTION CARRIED 4 Ayes, 3 Noes moved to approve Contract No. 98 -30 with the Kodiak Chamber of Commerce in an amount not to exceed $33,000. 5. Contract No. 98 -31 Professional Services CONTRACT Agreement for Maintenance of the "End -of- NO. 98 -31 the - Road" Park in Monashka Bay. HEINRICHS, moved to approve Contract seconded by W. STEVENS No. 98 -31 with the Alaska State Parks in an amount not to exceed $14,076. Mayor Selby said this continued the contract that was started earlier in the year. There was no discussion by the Assembly VOTE ON MOTION TO APPROVE Ayes: Bonney, Heinrichs, Johnson, W. Stevens, Abell, Arndt, G. Stevens Regular Assembly Meeting June 18, 1998 Volume XXIV Page 125 Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 98 -22 Establishing Policy RESOLUTION for a Reasonable Course of Action with NO. 98 -22 Respect to Any Request for Information Brought Under the Alaska Public Records Act. Presented for consideration was Resolution No. 98 -22 that, if adopted, implemented a public policy for obtaining Kodiak Island Borough public records. BONNEY, moved to adopt seconded by ARNDT Resolution No. 98 -22. Mayor Selby noted the resolution title was changed to reflect the Alaskan Public Records Act at the recommendation of the Borough attorney Assemblymember Bonney said the resolution was in response to his concern was that the public receive requested information from the borough timely. At Assemblymember Heinrichs' inquiry, Assemblymember Bonney said he wanted the ten -day response period in a written policy so that information would be received timely. Assemblymember Heinrichs thought state law required a ten -day response. Clerk Smith clarified that the federal requirement was ten days; however, the state requirement was less than ten days. Assemblymember Heinrichs opposed resolutions that mirrored state law. Assemblymember Arndt agreed this established a policy. Assemblymember Bonney thought a specific waiting period gave direction to receiving timely response. At Presiding Officer Stevens's inquiry, Clerk Smith said there was a provision in state statutes for nuisance requests. Regular Assembly Meeting June 18, 1998 Volume XXIV Page 126 VOTE ON MOTION TO ADOPT Ayes: Noes: None Heinrichs, Johnson, W. Stevens, Abell, Arndt, Bonney, G. Stevens MOTION CARRIED Unanimous 2. Resolution No. 98 -23 Establishing the RESOLUTION Kodiak Island Borough Clerk's Office as a NO. 98 -23 Passport Acceptance Facility. Presented for consideration was Resolution No. 98 -23 that, if adopted, requested authorization for the Kodiak Island Borough to serve as liaison between the public and the Seattle Passport Agency. BONNEY, moved to adopt seconded by ARNDT Resolution No. 98 -23. Mayor Selby said staff reductions forced the state district court to relinquish this service that had to be provided by local government. A $15 processing fee would be retained by the Borough. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Johnson, W. Stevens, Abell, Arndt, Bonney, Heinrichs, G. Stevens Noes: None MOTION CARRIED Unanimous 3. Resolution No. 98 -24 Approving Purchase RESOLUTION Agreement for Disposal to the U.S. Fish and NO. 98 -24 Wildlife Service of Parcels Acquired Through Tax Foreclosure and Declared for Public Purpose in Uyak Bay. Presented for consideration was Resolution No. 98 -24 that, if adopted, declared parcels that were once part of the Kodiak National Wildlife Refuge for "public purpose" and approved the disposal of those Regular Assembly Meeting June 18, 1998 Volume XXIV Page 127 parcels to the U.S. Fish and Wildlife Service. HEINRICHS, moved to adopt seconded by BONNEY Resolution No. 98 -24. Mayor Selby said the parcels were acquired through nonpayment of taxes and the purchase price equated to the assessed value of the property. The taxes would be paid to the Borough and the remaining funds paid to the property owners. Assemblymember Arndt was concerned that this removed land from the tax rolls. He also noted that there was limited private property available on Kodiak. Mayor Selby said these parcels would be included in calculating the amount of Payment -in- Lieu -of -Tax that the Borough would receive. In response to Assemblymember Heinrichs, Mayor Selby clarified that parcels were reappraised every five years and an increase in value increased the Payment - in- Lieu -of -Tax payment. Assemblymember Bonney saw a dramatic change in one parcel's assessed value and questioned the fairness of the assessments. Mayor Selby said assessed values declined when parcels flooded the market. He added that parcel values tracked with market value. VOTE ON MOTION TO ADOPT Ayes: Noes: Arndt MOTION CARRIED 6 Ayes, 1 No C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 98 -16 Amending Title 8 Health and Safety to Provide for the Change to a Manager Plan of Government. Presented for consideration was Ordinance No. 98 -16 that, if adopted, amended Kodiak Island Borough Code to enact provisions for the reorganization of the Regular Assembly Meeting June 18, 1998 W. Stevens, Abell, Bonney, Heinrichs, Johnson, G. Stevens ORDINANCES FOR INTRODUCTION ORDINANCE NO. 98 -16 Volume XXIV Page 128 municipal executive and administrative functions. This item was advanced to public hearing on July 16, 1998 under "Consent Agenda ". 2. Ordinance No. 98 -17 Amending Title 9 Public ORDINANCE Peace, Morals and Welfare to Provide for NO. 98 -17 the Change to a Manager Plan of Government. Presented for consideration was Ordinance No. 98 -17 that, if adopted, amended Kodiak Island Borough Code to enact provisions for the reorganization of the municipal executive and administrative functions. This item was advanced to public hearing on July 16, 1998 under "Consent Agenda ". 3. Ordinance No. 98 -18 Amending Title 10 ORDINANCE Vehicles and Traffic to Provide for the NO. 98 -18 Change to a Manager Plan of Government. Presented for consideration was Ordinance No. 98 -18 that, if adopted, amended Kodiak Island Borough Code to enact provisions for the reorganization of the municipal executive and administrative functions. This item was advanced to public hearing on July 16, 1998 under "Consent Agenda ". 4. Ordinance No. 98 -19 Amending Title 13 ORDINANCE Utilities to Provide for the Change to a NO. 98 -19 Manager Plan of Government. Presented for consideration was Ordinance No. 98 -19 that, if adopted, amended Kodiak Island Borough Code to enact provisions for the reorganization of the municipal executive and administrative functions. This item was advanced to public hearing on July 16, 1998 under "Consent Agenda ". D. OTHER ITEMS OTHER ITEMS 1. Resignation of Providence Kodiak Island HOSPITAL Hospital and Health Facilities Advisory ADVISORY BOARD Board Member. MEMBER RESIGNATION W. STEVENS moved to accept, with seconded by JOHNSON regret, the resignation of Regular Assembly Meeting June 18, 1998 Volume XXIV Page 129 There was no discussion by the Assembly. VOTE ON MOTION MOTION CARRIED INFORMATIONAL MATERIALS (No action required) A. B. C. MINUTES OF OTHER MEETINGS Russ Grimm from the Providence Kodiak Island Hospital and Health Facilities Advisory Board and to direct the clerk to advertise the vacant seat per Borough code. Unanimous voice vote 1. Service District No. 1 Board Meeting of April 28, 1998. 2. Kodiak Island Borough School District Board of Education Regular Meeting of May 26, 1998. REPORTS None. OTHER 1. Kodiak Youth Services Center Spring 1998 Newsletter. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Abell wanted to discuss the mill rate. He knew a windfall saved a Borough position and then the employee in that position received $13,000 for education and a $10,000 raise. He wanted a stable mill rate that benefited residents. Assemblymember Heinrichs wished Roger Reddekopp a speedy recovery from a recent illness. He appreciated Mr. Reddekopp's desire to be informed. Regular Assembly Meeting June 18, 1998 INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXIV Page 130 Assemblymember Bonney wanted to know exactly where the $3- 400,000 listed in the hospital report was spent on the school district. He had a problem with a $2,600 change order to wire a garbage disposal at the Kodiak Fisheries Research Center building. Assemblymember W. Stevens appreciated Russ Grimm's perspective and thanked him for serving on the Hospital Advisory Board. Presiding Officer Stevens thanked the Clerk's office for the overview of the new election equipment. The Assembly would meet in work sessions on Thursday, June 25 and July 9 at 7:30 p.m. in the borough conference room. The July 2 regular meeting was canceled. The next regular meeting would be Thursday, July 16, at 7:30 p.m. in the assembly chambers. Members of the assembly would travel to Port Lions to attend their community hall /library dedication on Friday, June 19. There being no further business to come before the ADJOURNMENT Assembly, the meeting adjourned ATTEST: Regular Assembly Meeting June 18, 1998 at 9:06 p.m. j G- y L. vens, P eliding Officer )er2yzo ,!?T Donna F. Smith, CMC /AAE APPROVED: 07/16/98 Borough Clerk Volume XXIV Page 131