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1998-07-16 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held July 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 Envoy Ned Ortiz of the Salvation Army, followed by the Pledge of Allegiance. There were present: KODIAK ISLAND BOROUGH Regular Assembly Meeting July 16, 1998 Scott Arndt, Presiding Tom Abell Tuck Bonney Robin Heinrichs Wayne Stevens Absent: Bob Johnson Gary Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC /AAE, Clerk Judi Nielsen CMC, Deputy Clerk Assemblymembers Bob Johnson and Gary Stevens were out and asked to be excused. HEINRICHS, moved to excuse seconded by W. STEVENS Assemblymembers Bob Johnson and Gary Stevens. VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote APPROVAL OF AGENDA AND CONSENT AGENDA W. STEVENS, moved to approve the seconded by HEINRICHS agenda and consent agenda. Assemblymember Heinrichs read the items for consideration under "Consent Agenda ". Regular Assembly Meeting July 16, 1998 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA Volume XXIV Page 132 VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES Unanimous voice vote A. Kodiak Island Borough Assembly regular meeting of June 18, 1998. BONNEY, seconded by W. STEVENS VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS moved to approve the minutes of June 18, 1998. Unanimous voice vote A. Employee of the Month EMPLOYEE OF THE MONTH Mayor Jerome Selby presented the Employee of the Month Award to Marian Royall, revenue accountant in the Finance Department. CITIZENS' COMMENTS Members of Explorer Post 2486 presented the Exploring Charter granted to the Kodiak Island Borough. B. Agenda Items Not Scheduled For Public Hearing and General Comments. Phil Cline, Providence Kodiak Island Hospital administrator, reported that the May and June financial reports were positive. There was a steady patient volume, and the cash flow had improved. He appreciated Mary Munk and staff for the decreased 90- day accounts. He hoped for increased patient volume in the ambulatory clinic where residents could seek specialty physician care. He thanked the Assembly for their support. Regular Assembly Meeting July 16, 1998 APPROVAL OF MINUTES AWARDS AND PRESENTATIONS CITIZENS' COMMENTS A. Boy Scouts of America Explorer Post 2486 BOY SCOUTS OF Presentation. AMERICA PRESENTATION Volume XXIV Page 133 In response to Assemblymember Heinrichs, Mr. Cline said the Mental Health Center (MHC) saw a profit in the first quarter with more patients. Cash flow had not improved; however, progress overall was positive. He added that all MHC positions were staffed. Bob Himes, Bayside Fire Hall assistant chief, noted that the members of the Explorer Program were John Heinrichs, Kim Heinrichs, Marsha Parker and, Adam Nelson. He thanked the Assembly for sponsoring the program. COMMITTEE REPORTS Marie Barni, Kodiak Area Transit System (KATS) Committee member, reported that KATS had 1,600 riders in June and the Ride and Fly contest was a success. She felt KATS enhanced the community as the disabled, village residents, seniors, and students were able to mingle. She shared a letter of appreciation from a Princess Cruise Ships tourist who had utilized KATS. She thanked the Assembly for their support. In response to Assemblymember Bonney, Ms. Barni said she would provide the projected ridership information 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 -16 Amending Title 8 Health and ORDINANCE Safety to Provide for the Change to a Manager NO. 98 -16 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 municipal executive and administrative functions. BONNEY, moved to adopt Ordinance seconded by HEINRICHS No. 98 -16. Mayor Selby said this was a required code change for the change to the manager form of government. Regular Assembly Meeting July 16, 1998 COMMITTEE REPORTS Volume XXIV Page 134 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: Abell, Bonney, Heinrichs, W. Stevens, Arndt Noes: None Absent: Johnson, G. Stevens MOTION CARRIED Unanimous B. Ordinance No. 98 -17 Amending Title 9 Public ORDINANCE Peace, Morals and Welfare to Provide for the NO. 98 -17 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. BONNEY, moved to adopt Ordinance seconded by HEINRICHS No. 98 -17. Mayor Selby said this also was a required code change for the change to the manager plan of government. 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: Bonney, Heinrichs, W. Stevens, Abell, Arndt Noes: None Absent: Johnson, G. Stevens Regular Assembly Meeting July 16, 1998 Volume XXIV Page 135 MOTION CARRIED Unanimous C. Ordinance No. 98 -18 Amending Title 10 Vehicles ORDINANCE and Traffic to Provide for the Change to a NO. 98 -18 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. BONNEY, moved to adopt Ordinance seconded by HEINRICHS No. 98 -18. Mayor Selby said this required code change for the change to the manager plan of government dealt with the junk vehicle removal program. 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, W. Stevens, Abell, Bonney, Arndt Noes: None Absent: Johnson, G. Stevens MOTION CARRIED Unanimous D. Ordinance No. 98 -19 Amending Title 13 Utilities ORDINANCE to Provide for the Change to a Manager Plan of NO. 98 -19 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. BONNEY, moved to adopt Ordinance seconded by HEINRICHS No. 98 -19. Regular Assembly Meeting July 16, 1998 Volume XXIV Page 136 Mayor Selby said this was a required code change for the change to the manager plan 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: W. Stevens, Abell, Bonney, Heinrichs, Arndt Noes: None Absent: Johnson, G. Stevens MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported that the proposal for the fire service was received and provided to the task force. This would be reviewed by the Assembly and the City Council at the July 18 joint worksession. He was notified of a hospital site visit by Medicare that might enhance collections. The Ouzinkie breakwater project was impacted by a significant rock in the footprint of the breakwater. The Corps of Engineers agreed to build out to the rock with a 320 -350 feet of breakwater. This was approved for state funding and Senator Stevens indicated additional funding would be available. In response to Deputy Presiding Officer Arndt, Mayor Selby said this was originally designed as a 500 foot breakwater. The Economic Development Grant for the MarkAir terminal was nearly complete. The Alaska Industrial Development and Export Authority (AIDA) agreed to transfer the building and the draft agreement would be before the Assembly in approximately three months. Regular Assembly Meeting July 16, 1998 MESSAGES FROM MAYOR Volume XXIV Page 137 The community was invited to attend the ribbon cutting ceremony for the Kodiak Fisheries Research Center on August 14. Congressman Young would attend. He had the opportunity travel on the ocean -going ferry Kennecott from Washington to Alaska. He said the Kennecott, along with the Tustumena, would enhance travel for Alaskans. The road from Lash dock to the rocket launch facility would be paved for a more pleasant drive to Pasagshak. After a five minute recess at 8:07 p.m., Deputy Presiding Officer Arndt reconvened the regular meeting. OLD BUSINESS None. NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 98 -33 Womens Bay Fire Station CONTRACT Underground Tank Removal and Aboveground NO. 98 -33 Tank Installation Project. W. STEVENS, seconded by BONNEY Mayor Selby said this would remove the 500 and 1,000 gallon underground storage tanks and install a 1,000 gallon aboveground storage tank at Womens Bay Fire Hall. This was funded by $32,000 from capital projects and $10,000 from the Womens Bay Fire Department unreserved revenue fund. Deputy Presiding Officer Arndt had requested more information on the cost. Mayor Selby said a reduced cost could be pursued after the contract was awarded as negotiations should not take place during the bidding process. Regular Assembly Meeting July 16, 1998 moved to award Contract No. 98 -33 to Brechan Enterprises, Inc. of Kodiak for the base bid of $41,250. OLD BUSINESS Volume XXIV Page 138 Deputy Presiding Officer Arndt did not want to spend money to remove a 500 gallon tank. Mayor Selby said the tank had to be removed and removing both at the same time was cost effective. VOTE ON MOTION TO AWARD Ayes: Abell, Bonney, Heinrichs, W. Stevens Noes: Arndt Absent: Johnson, G. Stevens MOTION CARRIED 4 Ayes, 1 No 2. Contract No. 98 -34 Pedestrian Path, Bike Trail, Sidewalk and Heliport Snow Removal CONTRACT N and Sanding Project. NO. 98 -34 HEINRICHS, moved to award Contract seconded by W. STEVENS No. 98 -34 to Brechan Enterprises, Inc. of Kodiak for the bid call -out rates. Mayor Selby said one bid was received, and this was the only contractor with the needed equipment. There was no discussion by the Assembly. VOTE ON MOTION TO AWARD Ayes: Bonney, Heinrichs, W. Stevens, Abell, Arndt Noes: None Absent: Johnson, G. Stevens MOTION CARRIED Unanimous 3. Contract No. 98 -35 Bayside Fire Hall Community Training Center Room Divider NO. Project. NO. 98 -35 Regular Assembly Meeting July 16, 1998 Volume XXIV Page 139 HEINRICHS, seconded by ABELL Mayor Selby recommended approval of the contract as the room divider was part of the original conception. There was no discussion by the Assembly. VOTE ON MOTION TO AWARD Ayes: Noes: None Regular Assembly Meeting July 16, 1998 moved to award Contract No. 98 -35 to Brechan Enterprises, Inc. of Kodiak in an amount not to exceed $35,294. Heinrichs, W. Stevens, Abell, Bonney, Arndt Noes: None Absent: Johnson, G. Stevens MOTION CARRIED Unanimous B. RESOLUTIONS 1. Resolution No. 98 -25 Authorizing the RESOLUTION Records Manager to Dispose of Certain Kodiak Island Borough Records. NO. 98 -25 Presented for consideration was Resolution No. 98 -25 that, if adopted, authorized disposal of records not of historical, legal, or administrative value that have met the minimum retention requirements. W. STEVENS, moved to adopt Resolution seconded by BONNEY No. 98 -25. Mayor Selby said the records had met retention requirements. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Abell, Bonney, Heinrichs, W. Stevens, Arndt RESOLUTIONS Volume XXIV Page 140 Absent: Johnson, G. Stevens MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 98 -20 Rezoning a Portion (Approximately 3/4 Acre) of Lot 5, Block 1, Kadiak Subdivision 1st Addition From R3- Multi Family Residential To B- Business and a Portion of Tract C -1A Woodland Acres 7th Addition From R2 -Two Family Residential To B Business. (3465 Tugidak Court and 3484 Rezanof Drive East) Presented for consideration was Ordinance No. 98 -20 that, if adopted, rezoned property to B- Business in conformance with Borough zoning maps. This item was advanced to public hearing on August 6, 1998 under "Consent Agenda ". 2. Ordinance No. 98 -21 Amending the Kodiak Island Borough Personnel Regulations, 1994 Edition Referenced in Title 2 Administration and Personnel Chapter 2.12 Personnel to Provide for the Change to a Manager Plan of Government. Presented for consideration was Ordinance No. 98 -21 that, if adopted, amended the personnel regulations to enact provisions for reorganization of the municipal executive and administrative functions. This item was advanced to public hearing on August 6, 1998 under "Consent Agenda ". 3. Ordinance No. 98 -22 Determining the Disposition of Tax Foreclosed Properties for Tax Years 1993, 1994, and 1995. Presented for consideration was Ordinance No. 98 -22 that, if adopted declared three parcels public purpose lands to be sold to the Kodiak National Wildlife Refuge for fair market value and declared four parcels not public purpose to be sold at the next Borough land sale. Regular Assembly Meeting July 16, 1998 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 98 -20 ORDINANCE NO. 98 -21 ORDINANCE NO. 98 -22 Volume XXIV Page 141 This item was advanced to public hearing on August 6, 1998 under "Consent Agenda ". D. OTHER ITEMS 1. Appointment to Providence Kodiak Island Mental Health Center Advisory Board. W. STEVENS, seconded by BONNEY moved to postpone the appointment to a seat on the Mental Health Center Advisory Board to the September 3, 1998 regular Assembly meeting. Mayor Selby said a subsequent agenda item would vacate another seat on the Board and this allowed for re advertisement for additional applicants. VOTE ON MOTION TO POSTPONE MOTION CARRIED Unanimous voice vote 2. Providence Kodiak Island Mental Health Center Advisory Board Vacancy. moved to declare the seat seconded by W. STEVENS of Craig Fanning on the Mental Health Center Advisory Board vacant and to direct the clerk to advertise the vacancy per Borough code. Mayor Selby said Mr. Fanning was moving from Kodiak. He thanked him for his outstanding service to the Borough and wished him good luck. There was no discussion by the Assembly. VOTE ON MOTION BONNEY, MOTION CARRIED Unanimous voice vote Regular Assembly Meeting July 16, 1998 OTHER ITEMS APPOINTMENT TO PROVIDENCE KODIAK ISLAND MENTAL HEALTH CENTER PROVIDENCE KODIAK ISLAND MENTAL HEALTH CENTER ADVISORY BOARD VACANCY Volume XXIV Page 142 3. Citizens Board of Equalization Vacancy. W. STEVENS, seconded by BONNEY VOTE ON MOTION MOTION CARRIED 4. Personnel Advisory Board Vacancy. HEINRICHS, seconded by BONNEY VOTE ON MOTION MOTION CARRIED 1. B. REPORTS 1. C. OTHER Regular Assembly Meeting July 16, 1998 moved to declare the seat of Craig Fanning on the Citizens Board of Equalization vacant and to direct the clerk to advertise the vacancy per Borough code. Unanimous voice vote moved to declare the seat of Craig Fanning on the Personnel Advisory Board vacant and to direct the clerk to advertise the vacancy per Borough code. Unanimous voice vote INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS Planning and Zoning Commission Regular Meeting of May 20, 1998. Kodiak Island Borough June 1998 Financial Report. 1. Kodiak Island Borough School District Board of Education Special Meeting Summary of June 8 and Regular Meeting Summary of June 22, 1998. CITIZENS BOARD OF EQUALIZATION VACANCY VACANCY ON PERSONNEL ADVISORY BOARD INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER Volume XXIV Page 143 CITIZENS' COMMENTS Steve Strickert phoned to express interest in the independent contractor position for junk vehicle disposal. Mayor Selby asked Mr. Strickert to call him. ASSEMBLY MEMBER COMMENTS Assemblymember W. Stevens congratulated Marian Royall as the employee of the month. He was disappointed that Mayor Selby had not applied for the manager position. Assemblymember Heinrichs enjoyed Ms. Royall's attitude and felt the award was well deserved. In response to Deputy Presiding Officer Arndt, Mayor Selby said the human resources director accepted the Kodiak Fisheries Research Center receptionist position as of August 10. The director position was advertised as the human resources assistant. Deputy Presiding Officer Arndt felt that removing a position through attrition was more appealing. He saw a drastic decrease in the number of Borough employees with the Mental Health Center transfer to the hospital. He felt the manager's position could encompass this position as it was years ago. It would be similar to the city of Kodiak, which had a larger staff. He intended to not fill the position at this time. Deputy Presiding Officer Arndt announced the Assembly would meet in a joint assembly /council work session on Tuesday, July 21, at 7:30 p.m. in the city conference room followed by a work session in the borough conference room, a work session on Thursday, July 30, at 7:30 p.m. in the borough conference room, and a regular meeting on Thursday, August 6, at 7:30 p.m. in the assembly chambers. Regular Assembly Meeting July 16, 1998 CITIZENS' COMMENTS ASSEMBLY MEMBER COMMENTS Volume XXIV Page 144 There being no further business to come before the Assembly, the meeting adjourned at 8:37 p.m ADJOURNMENT . ATTEST: AUWA onna F. Smith, CMC /AAE Borough Clerk Regular Assembly Meeting July 16, 1998 Gary L. Stevens, Presiding Officer CORRECTED: 08/06/98 APPROVED: 08/06/98 Volume XXIV Page 145