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1998-09-22 Regular MeetingGary Stevens, Presiding Tom Abell Tuck Bonney Bob Johnson APPROVAL OF AGENDA W. STEVENS, seconded by HEINRICHS Regular Assembly Meeting September 22, 1998 KODIAK ISLAND BOROUGH Regular Assembly Meeting September 22, 1998 A regular meeting of the Kodiak Island Borough Assembly was held September 22, 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 Captain David Davis of the Salvation Army, followed by the Pledge of Allegiance. There were present: ROLL CALL Scott Arndt Robin Heinrichs Wayne Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC /AAE, Clerk Patti Kirkpatrick, Assistant Clerk Linda Freed, Community Development Director HEINRICHS, moved to approve the seconded by W. STEVENS agenda. moved to amend the agenda by adding item number 12.B.3. Resolution No. 98 -30 Requesting Fiscal Year 2000 Capital Projects Funding Under the Municipal Capital Projects Matching Grant Program (School Facilities Repair and Upgrade) . REGULAR MEETING APPROVAL OF AGENDA Volume XXIV Page 178 VOTE ON MOTION TO AMEND MOTION CARRIED VOTE ON MOTION TO APPROVE AS AMENDED MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES A. Kodiak Island Borough Assembly regular meeting of September 3, 1998. BONNEY, seconded by ARNDT VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS CITIZENS' COMMENTS COMMITTEE REPORTS Regular Assembly Meeting September 22, 1998 Unanimous voice vote moved to approve the minutes of September 3, 1998. Unanimous voice vote Mayor Selby presented a Certificate of Achievement for Excellence in Financial Reporting to Kariton Short, Finance Director. Director Short thanked the Mayor, Assembly, and staff for their support. A. Agenda Items Not Scheduled For Public Hearing and General Comments. Joe Floyd recognized the Assembly, Mayor Selby, and staff for sponsoring the successful Kodiak Summer Sports Camp where approximately 400 youth participated. He presented sports camp shirts to the Assembly, Mayor Selby, and Clerk Smith. He also recognized support from members of the community. Linda Freed, Community Development Department Director, gave a brief report on the Kodiak Area Transit System (KATS). The new October 5 schedule APPROVAL OF MINUTES AWARDS AND PRESENTATIONS CERTIFICATE OF ACHIEVEMENT CITIZENS' COMMENTS COMMITTEE REPORTS Volume XXIV Page 179 would change the in -town route to a looping system to extend service on Friday and Saturday evenings and reduced service on Sunday. The total hours would not be expanded. An additional $18,000 was received from the Mental Health Trust Authority and $20,000 was still available. Congress was increasing - funding through community grants. Other communities were studying Kodiak's model system. Assemblymember Heinrichs asked about providing service for after school activities. Director Freed said the schools should have more frequent stops with the new route schedule. Responding to Assemblymember Bonney, Director Freed said the actual ridership was lower than projected. She would copy the figures to the Assembly; however, she noted that similar transit systems increased ridership after two years. When Assemblymember Bonney referred to an article on using Borough funds for KATS, Director Freed reported that every source for operational funding was being tapped. She did not feel the system could be sustained 100% from grants and fares as some grants were not long -term funding sources. Assemblymember Bonney said he wanted the ridership numbers, as he was opposed to using taxpayer dollars. 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. 97 -10E Amending Ordinance No. ORDINANCE 97 -10 Fiscal Year 1998 Budget to Reflect Child NO. 97 -10E Care Grant Amendments. Presented for consideration was Ordinance No. 97 -10E that, if adopted, amended the 1998 fiscal year budget to accept the Department of Community and Regional Affairs child care grant funds. Regular Assembly Meeting September 22, 1998 Volume XXIV Page 180 HEINRICHS, moved to adopt Ordinance seconded by JOHNSON No. 97 -10E. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Abell, Arndt, Bonney, Heinrichs, Johnson, W. Stevens, G. Stevens Noes: MOTION CARRIED None Unanimous B. Ordinance No. 98 -24 Amending Kodiak Island ORDINANCE Borough Code Title 15 Buildings and Construction NO. 98 -24 to Provide for the Change to a Manager Plan of Government. Presented for consideration was Ordinance No. 98 -24 that, if adopted, amended Kodiak Island Borough Code to enact provisions for the reorganization of the municipal executive and administrative functions. W. STEVENS, moved to adopt Ordinance seconded by ARNDT No. 98 -24. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Arndt, Bonney, Heinrichs, Johnson, W. Stevens, Abell, G. Stevens Noes: MOTION CARRIED Regular Assembly Meeting September 22, 1998 None Unanimous C. Ordinance No. 98 -25 Amending Kodiak Island ORDINANCE Borough Code Title 18 Borough Real Property to NO. 98 -25 Provide for the Change to a Manager Plan of Government. Volume XXIV Page 181 Presented for consideration was Ordinance No. 98 -25 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 ARNDT No. 98 -25. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Bonney, Heinrichs, Johnson, W. Stevens, Abell, Arndt, G. Stevens Noes, MOTION CARRIED Regular Assembly Meeting September 22, 1998 Nnn P Unanimous D. Ordinance No. 98 -10B Amending Ordinance No. ORDINANCE 98 -10 1999 Fiscal Year Budget to Accept NO. 98 -10B Additional Funds for the Kodiak Island Borough. Presented for consideration was Ordinance No. 98 -10B that, if adopted, amended the 1999 fiscal year budget to accept additional funds for the KIB Coastal Management Program; the purchase of oil spill response equipment; the KIB Master Waste Management Plan; the Child Care Assistance Grant; the KIB for Division of Public Assistance case management; settlement of the Peterson Elementary School lawsuit; debt service on the Karluk Clinic Loan; and construction of the Karluk Village Clinic. JOHNSON, moved to adopt Ordinance seconded by BONNEY No. 98 -10B. Assemblymember Heinrichs asked what special projects would be accomplished with the Coastal Management Program Grant funds. Mayor Selby deferred to Director Freed who explained that the funds would be used to update the oil spill response site - specific plans. Participation would also take place in a state -wide workshop in November to discuss the Volume XXIV Page 182 concept as it would be the first in the State. The site - specific plans resulted from the sensitive and subarea plans. W. STEVENS, seconded by HEINRICHS VOTE ON MOTION TO AMEND Ayes: Noes: None MOTION CARRIFT) Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting September 22, 1998 moved to amend Ordinance No. 98 -10B by substitution. Johnson, W. Stevens, Abell, Arndt, Bonney, Heinrichs, G. Stevens Heinrichs, Johnson, W. Stevens, Abell, Arndt, Bonney, G. Stevens. E. Ordinance No. 98 -26 Amending the Kodiak Island ORDINANCE Borough Code of Ordinances Title 1 General NO. 98 -26 Provisions, Title 6 Animals, Title 8 Health and Safety, Title 9 Public Peace, Morals, & Welfare, Title 10 Vehicles and Traffic, Title 13 Utilities, Title 15 Buildings and Construction, Title 17 Zoning, and Title 18 Borough Real Property to Address Surcharges on Criminal Offenses. Presented for consideration was Ordinance No. 98 -26 that, if adopted, amended the Kodiak Island Borough Code to provide for surcharges on criminal offenses. W. STEVENS, moved to adopt Ordinance seconded by ABELL No. 98 -26. Volume XXIV Page 183 Mayor Selby said the surcharge would be remitted to the state for the Alaska police training programs. Responding to Assemblymember Heinrichs, Mayor Selby said fines would generate approximately $20- 30,000, with animal fines being the highest. Assemblymember Arndt saw this as an unfunded mandate to municipalities. Assemblymember W. Stevens asked why there was no notification from the Alaska Municipal League (AML). Mayor Selby said the legislation subtitle did not indicate an impact to municipalities. He added that the attorneys' opinions were subjective; however, it appeared that if the ordinance was not adopted, the borough could not enforce collection. He knew of no planned effort to take the state to task as most municipalities accepted the minimal surcharge. Assemblymember Bonney said this had not been challenged in court, and he opposed it as an unfunded mandate. Assemblymember Heinrichs stated that while a local challenge to the law may be expensive, many municipalities could present this at AML. Mayor Selby said November was the next opportunity to present it to AML for a class action suit. Assemblymember Arndt preferred to fail or postpone the ordinance until after the AML conference. Assemblymember Johnson did not like the surcharges; however, he did not want to fail the ordinance because taxpayer funds would pay the surcharge, not the offender. He agreed with Assemblymember Heinrichs to present this at AML and if it was not pursued by AML, the Assembly action could be reversed. Assemblymember Abell agreed with Assemblymember Johnson. Regular Assembly Meeting September 22, 1998 Volume XXIV Page 184 Assemblymember Arndt's motion to postpone Ordinance No. 98 -26 failed for lack of a second. Assemblymember Heinrichs did not agree with the state seeking unethical funding for the police program. Assemblymember Johnson felt it was best to adopt the ordinance and then make efforts to reverse the legislation. Assemblymember W. Stevens agreed with Assemblymember Johnson because it would not be debated until the next legislative session. VOTE ON MOTION TO ADOPT Ayes: W. Stevens, Abell, Johnson, G. Stevens Noes: Arndt, Bonney, Heinrichs MOTION CARRIED 4 Ayes; 3 Noes MESSAGES FROM MESSAGES FROM THE BOROUGH MAYOR THE MAYOR Mayor Selby asked Wayne Coleman, Borough representative to the Prince William Sound Regional Citizen's Advisory Council, for an update on the oil spill drill. Mr. Coleman said it was evident with the drill that not all Kodiak concerns were met; however, the drill provided lessons to better prepare Kodiak for any future oil spill. Mayor Selby said the Interior Appropriation Bill would not be accomplished before Congress recessed. The bill had increases in payment -in- lieu -of tax and bear refuge funding that would greatly affect Kodiak. He was pleased that two additional State troopers were assigned to Kodiak. He reminded the community that the fire consolidation meeting was scheduled for Tuesday, September 29, 1998 at the Bayside Firehall. The consultant who reviewed the present services would share his perspectives. Regular Assembly Meeting September 22, 1998 Volume XXIV Page 185 The BMX track would be ready soon, and there were two types of insurance available for the racers and users. UNFINISHED BUSINESS None. NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contact No. 98 -45 Lease Agreement Between CONTRACT the Kodiak Island Borough and the NO. 98 -45 University of Alaska for Space in the Kodiak Fisheries Research Center. BONNEY, seconded by HEINRICHS There was no discussion by the Assembly. VOTE ON MOTION TO APPROVE Ayes: Abell, Arndt, Bonney, Heinrichs, Johnson, W. Stevens, G. Stevens Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS 1. Resolution No. 98 -28 Adopting a Capital RESOLUTION Improvement Program for Fiscal Years 2000 NO. 98 -28 Through 2004 and Establishing Capital Improvement Projects Priority List. Regular Assembly Meeting September 22, 1998 moved to approve Contract No. 98 -45 between the Kodiak Island Borough and the University of Alaska for the Space in the Kodiak Fisheries Research Center. UNFINISHED BUSINESS NEW BUSINESS Volume XXIV Page 186 Presented for consideration was Resolution No. 98 -28 that, if adopted, established the Kodiak Island Borough Capital Improvements Program for fiscal year 2000 and beyond. JOHNSON, moved to adopt seconded by ARNDT Resolution No. 98 -28. Mayor Selby advised that a booklet would be prepared that would identify all projects, including those in the villages. Assemblymember Heinrichs asked if the Port Lions breakwater and cemetery were in the booklet. Mayor Selby said the Port Lions breakwater was; however, he was not aware of the cemetery issue. He felt the Ho- rough would have to adopt cemetery powers to be involved with the project. He added that the Port Lions breakwater was on the federal STIP list, and he would meet with Department of Transportation representatives to discuss and review the project. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Regular Assembly Meeting September 22, 1998 Arndt, Bonney, Heinrichs, Johnson, W. Stevens, Abell, G. Stevens None Unanimous Assemblymember W. Stevens commented on the Planning and Zoning Commission /Community Development Department memo that quoted the code regarding their process in recommending to the capital improvements list not less than 90 days prior to the new calendar year. He said the Assembly should address the code so discussion could be held prior to Assembly deliberation. Director Freed said the Commission normally reviewed their CIP list in August; however, no meetings were held in August this year. She also said that several Commission members raised the issue of the cemetery and wanted the Assembly to be aware of their concerns. Volume XXIV Page 187 Presented for consideration was Resolution No. 98 -29 that, if adopted established the top five capital improvement projects for the City of Kodiak and the top five projects for the Kodiak Island Borough. ARNDT, moved to adopt seconded by BONNEY Resolution No. 98 -29. Mayor Selby said the list contained eleven projects: five City projects, five Borough projects, and the Monashka Bay Water /Sewer System Design as a common project. Responding to Presiding Officer Stevens, Mayor Selby said the projects should not be listed differently as that would impact Resolution No. 98 -28. VOTE ON MOTION TO ADOPT Ayes: Noes: 2. Resolution No. 98 -29 Establishing a Joint RESOLUTION Kodiak Island Borough /City of Kodiak Fiscal NO. 98 -29 Year 2000 Capital Improvement Projects Priority List. MOTION CARRIED 3. Resolution No. 98 -30 Requesting Fiscal Year RESOLUTION 2000 Capital Projects Funding Under the NO. 98 -30 Municipal Capital Projects Matching Grant Program (School Facilities Repair and Upgrade) . Presented for consideration was Resolution No. 98 -30 that, if adopted, included the Borough in the capital matching grant program for fiscal year 2000. JOHNSON, moved to adopt seconded by W. STEVENS Resolution No. 98 -30. Regular Assembly Meeting September 22, 1998 Bonney, Heinrichs, Johnson, W. Stevens, Abell, Arndt, G. Stevens None Unanimous Volume XXIV Page 188 Mayor Selby said the resolution put in place the Borough's request for Capital Matching Grants for the next legislative session. State funding would be approximately $140,000 and the Borough's share would be approximately $60,000. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous Heinrichs, Johnson, W. Stevens, Abell, Arndt, Bonney, G. Stevens ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS OTHER ITEMS 1. Fabricated Seafood Production Project FABRICATED Funding. SEAFOOD PRODUCTION JOHNSON, moved to approve PROJECT seconded by BONNEY funding to develop the frame -work for the production of fabricated seafood products in Kodiak. Mayor Selby said the project was funded three years ago, and Jerry Babbit had worked during that time to improve the seafood market. This was the next step and four local processing plants were preparing to be involved in a project that he felt could turn into a year -round industry. At his inquiry, Presiding Officer Stevens ruled no conflict of interest for Assemblymember W. Stevens as the Chamber of Commerce would receive the funding, not he directly. Regular Assembly Meeting September 22, 1998 Volume XXIV Page 189 VOTE ON MOTION TO APPROVE Ayes: Noes: None MOTION CARRIED Unanimous A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS Johnson, W. Stevens, Abell, Arndt, Bonney, Heinrichs, G. Stevens INFORMATIONAL INFORMATIONAL MATERIALS (No Action Required) MATERIALS 1. Kodiak Area Transit System Committee Regular Meeting of July 27, 1998. 2. Kodiak Island Borough School District Board Regular Meeting of July 20 and Special Meeting of August 3, 1998. 3. Providence Kodiak Island Medical Center Advisory Board Meeting of July 15, 1998. B. REPORTS None. C. OTHER None. CITIZENS' COMMENTS Mike Milligan asked the Assembly to address the school board on the loss of student population. He also wanted a demographic on the type of students lost. Presiding Officer Stevens said the assembly would raise the issue at the next work session. Wayne Coleman saw good projects on the capital improvement list; however, he wondered if Selief Lane improvements would be done on time. He saw Selief Lane as a major thoroughfare that the Assembly should pursue to completion. Mayor Selby shared Mr. Coleman's frustration. He Regular Assembly Meeting September 22, 1998 REPORTS OTHER CITIZENS' COMMENTS Volume XXIV Page 190 thought Senator Mackie's efforts would ensure start of the project next year. He also asked the Assembly to pursue the project to completion. Doug Letch followed with interest in the change to the manager plan of government and asked about the cost. Presiding Officer Stevens said the cost would be available when totaled. ASSEMBLYMEMBER COMMENTS ASSEMBLY MEMBER COMMENTS Assemblymember Johnson spoke of his experience and enjoyment while using the public transit system in San Francisco. Assemblymember W. Stevens congratulated Director Short and the Borough staff for the Certificate of Achievement in Financial Reporting. He attended the Southwest Alaska Municipal Conference (SWAMC) and reported that the southwestern transportation plan would be finished by year -end. The highlight of SWAMC was the annual banquet where Mayor Selby was presented with an award honoring his years of service on various boards and committees. Assemblymember Heinrichs asked if there was a meeting scheduled with Chris Lynch, Engineering and Facilities director, to discuss the change order on the research center. He wondered about the long -term budget obligations and repayment of leases and bonds. He requested a graph of long -term debt service obligations for leases and bonds. He announced that the fire consolidation meeting was scheduled for Tuesday, September 29, 1998 at Bayside Fire Hall. Assemblymember Abell commended the BMX group for pursuing the BMX track. He looked forward to working with the council on skateboarding issues. Assemblymember Arndt asked that the debt service graph include revenues and operating costs for the Kodiak Fisheries Research Center and the hospital. Regular Assembly Meeting September 22, 1998 Volume XXIV Page 191 He enjoyed SWAMC and benefited from the discussions on issues in other Southwest municipalities. Presiding Officer Stevens announced the Assembly would meet in a work session on Thursday, September 24 at 7:30 p.m. in the borough conference room; a joint assembly /council work session on Tuesday, September 29 at 7:30 p.m. at the Bayside Firehall; and a regular meeting on Thursday October 1 at 7:30 p.m. in the assembly chambers. He announced to those who would be out of town on election day, October 6, that absentee voting was available in the borough clerk's office, room 123 in the borough building; the city clerk's office, room 211 in the borough building; and the city clerk's offices in Akhiok Larsen Bay_, Ouzinkie Port Lions_, and Old Harbor, and the village clerk's office in Karluk. ADJOURNMENT ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 9:15 p.m. ATTEST: onna F. Smith, CMC /AAE Borough Clerk Regular Assembly Meeting September 22, 1998 G. ry t. Stevens, Presiding Officer CORRECTED /APPROVED: 10/15/98 Volume XXIV Page 192