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1994-04-07 Regular MeetingThere were present: Jack McFarland, Alan Austerman Gordon Gould Mike Milligan GOULD, seconded by AUSTERMAN Noes: MOTION CARRIED APPROVAL OF MINUTES 7 KODIAK ISLAND BOROUGH Regular Assembly Meeting April 7, 1994 A regular meeting of the Kodiak Island Borough Assembly was held April 7, 1994 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 Reverend Riley Hunter of the Church of the Nazarene followed by the Pledge of Allegiance. Presiding John Burt Suzanne Hancock Mary Monroe comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC, Clerk Jane Edmonds, Records Coordinator APPROVAL OF AGENDA AND CONSENT AGENDA moved to approve the agenda and consent agenda. Clerk Smith read the items for consideration under "Consent Agenda ". VOTE ON MOTION TO APPROVE Ayes: Austerman, Burt, Gould, Hancock, Milligan, Monroe, McFarland None Unanimous A. K.I.B. Assembly Regular Meeting of March 3 and Special Meeting of March 14, 1994. This item was approved under "Consent Agenda ". REGULAR MEETING ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES Regular Assembly Meeting Volume XVIII April 7, 1994 Page 91 AWARDS AND PRESENTATIONS CITIZENS' COMMENTS A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month Award to Joe Dhondt, baler operator I at the Borough Landfill /Baler Facility. A. Agenda Items Not Scheduled For Public Hearing John Witteveen, Kodiak Island Borough School District Superintendent, supported adoption of the school district budget in Resolution No. 94 -13. He noted that work on the budget began in November, 1993. He was available to answer questions. Duncan Fields, Kodiak Salmon Working Group chairman, thanked the Assembly for their support. He presented the Assembly with Kodiak salmon industry reference volumes. He reported that at the Board of Fisheries meeting, the Group was generally successful in convincing the Board to postpone the Cook Inlet intercept proposal but not successful in removing the proposal from an agenda because the Group has one year to present a program to the Board. He noted the tremendous public sentiment - -3,000 signatures on petitions and public opinion messages- - asking the Board to reject the Cook Inlet proposal. He acknowledged the significantly beneficial work of Denby Lloyd who initially persuaded the Board to move the proposal into committee. In response to Assemblymembers, he continued that the proposal was three - tiered, generally declaring the local Fish & Game Division to minimize the proposal which directed the local department to radically alter Kodiak fishing. He added that the Board tried to address all coastal fisheries experiencing interception. He enumerated the statewide policy to compare a new fishery to a traditional fishery. Norm Wooten, Kodiak Island School Board president, supported Resolution No. 94 -13. it was his opinion that the budget was a responsible effort to continue to control costs. He thanked the Assembly for their continued support of education on Kodiak Island through local appropriation and capital projects. AWARDS ANT' PRESENTAT. EMPLOYEE OF THE MONTH CITIZENS' COMMENTS Regular Assembly Meeting Volume XVIII April 7, 1994 Page 92 B. Items Other Than Those Appearing on the Agenda Sherry Saunders, co -chair of the Juvenile Task Force, a sub - committee of the Kodiak High School Parents Group, told of the activities of the Task Force to work toward alleviating problems of violence in Kodiak and the state. She suggested the Assembly find time to listen to the report of Dennis Nicholson, Kodiak Junior High School principal, and Officer McCarthy, Kodiak Police Department school liaison, on their knowledge of gang behavior. She felt that rapid removal of graffiti was a priority. She requested written resolutions supporting pending legislation pertaining to juveniles. Ed Myers, Kodiak Island Hospital administrator, updated the Assembly on the Hospital's financial projection to meet the budget. He announced that an estate gift earmarked for new hospital equipment was received. He reported the state budget may require a matching co- payment to medicaid recipients. He noted negotiations continued on the KANA contract. He announced that Lutheran Homes Society assisted in the review of Prochaska's schematic drawings of the hospital facility remodel /addition. He anticipated a severe impact on the Borough if the Department of Medical Assistance proposed regulations to prohibit any relationship between community mental health center clinics and community hospitals. He announced that on May 18, 1994, the Kodiak Island Hospital 2000 would review changes in health care, specifically in Kodiak, and the May 3, 1994 state scheduled Certificate of Need public hearing. He said copies of the Certificate of Need would be available in the office of the borough clerk and public library and reiterated that the Certificate of Need demonstrated to the state the need for the project. Chris Helms, a member of the Juvenile Task Force, requested support for projects focusing on youth and community. COMMITTEE REPORTS n 7 Assemblymember Milligan, Cook Inlet Regional Citizens Advisory Council representative, reported that the oil spill at the Kenai platform was being monitored. He felt some responses were inadequate but better than past responses. He announced the Council's annual meeting scheduled for Friday, April 8, 1994. Assemblymember Austerman thanked Mr. Myers for the hospital status report. COMMITTEE REPORTS Regular Assembly Meeting Volume XVIII April 7, 1994 Page 93 PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on the Marine Mammal Protection Act exempting Kodiak fishing groups. He noted that Washington, D.C. lobbyist Brad Gilman, with strong support from the Alaska delegation, was trying to keep language favorable to fishing groups in the Act but that environmental groups were making it a battle. He thought that appropriate language had been worked out with the environmental groups but now it seemed that was not the case. He noted the interest from Seattle fishing groups to write compromise language for Magnusen Act regulations. He thought it was healthy to work out language before the Act was presented to Congress. He described how the Clean Water Act was extremely damaging to Alaska, Kodiak, and the whole country and it seemed to be a bill no one had read. He noted that Brad Gilman's analysis greatly assisted Senator Stevens. He commented on the busy summer construction season due to the hospital remodel /addition, North Star Elementary School, Ouzinkie School remodel, and continued remodeling of the Kodiak High School. He related the Peterson Elementary School remodel was on schedule to be completed this summer. He announced that tax assessment notices were mailed and encouraged property owners to contact the assessor if they felt there was an error. He told of the funding for fiscal year 1995 projects by the Exxon Valdez Oil Spill Trustee Council. He commended staff for the time spent preparing budget documents to be presented to the Assembly for consideration and adoption by the first regular meeting in June. PUBLIC HEi.. None. MESSAGES FROM MAYOR OLD BUSINESS OLD BUSINESS Regular Assembly Meeting Volume XVIII April 7, 1994 Page 94 7 NEW BUSINESS NEW BUSINESS A. BID AWARDS None. B. RESOLUTIONS 1. Resolution No. 94 -13 Approving the Fiscal RESOLUTION Year 1995 Kodiak Island Borough School NO. 94 -13 District Budget and Determining the Total Amount of Funds to be Made Available from Local Sources. Presented for consideration was Resolution No. 94 -13 which, if adopted, approved the fiscal year 1995 Kodiak Island Borough School District budget in the amount of $20,455,414, based on the projected fiscal year 1995 funding by the State of Alaska. MONROE, moved to adopt seconded by AUSTERMAN Resolution No. 94 -13. Mayor Selby enumerated the requests in the budget presented by the school board. He noted the budget was based on a $59,855 foundation funding formula. He elaborated that if the foundation funding formula was increased to $61,000, a budget adjustment would reflect the local appropriation decrease. In response to Assemblymember Burt's inquiries, Mayor Selby acknowledged the $1.1 million increase of which $680,000 was fixed personnel costs and $400,000 new personnel salaries based on projected increased enrollment. At the request of the Assembly, Superintendent Witteveen clarified that the $1.1 million fund balance was carried forward from the previous year. Assemblymember Burt recounted that the School Board rejected the recommendation of the Budget Review Committee to cut $300,000 from the budget. In response to questions raised by Assemblymember Milligan, Superintendent Witteveen explained that the 4 mil statutory contribution was approximately $3.3 million. He continued that the local contribution included cash and in -kind contributions and that Kodiak was in the lower quartile in terms of the minimum allowable statutory contribution. He further explained there was no gain if in -kind contributions BID AWARDS RESOLUTIONS Regular Assembly Meeting Volume XVIII April 7, 1994 Page 95 exceeded the funding cap because every dollar over the cap caused an equal reduction in state funding. Presiding Officer McFarland indicated that, although this budget would not impact the mil levy, the bond sales would impact the mil levy. It was his opinion that it was prudent of the school board to use the lowest educational unit. In response to Assemblymember Milligan, Superintendent Witteveen said students graduating from the Kodiak school system were highly competitive in attending colleges and universities of their choice. Assemblymember Hancock noted the position paper of the budget committee was geared towards legislative action that needed lobbying efforts. Assemblymember Burt was concerned about the financial status of the state, fishing, and federal government. He hoped everyone took a good hard look at budgets. Assemblymember Milligan stated that continuing local education funding reaffirmed that education was best administered locally. Assemblymember Austerman mentioned that the school district in Juneau would be laying off 40 teachers because the funding cap had been reached. Presiding Officer McFarland responded to remarks made that the loss of state and federal funds forced priority setting and that was done with this budget. He noted that there was a 1.5 mil rate increase in Kodiak over the past eight years, and he was proud that the infrastructure of the Borough was solid. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED 2. Resolution No. Expenditure of of the Mayor's Acquisition of 0 Gould, Hancock, Milligan, Monroe, Austerman, McFarland Burt 6 ayes, 1 no 94 -14 Authorizing the Funds that Exceed the Limit Authority for the a Color Printer. RESOLUTION NO. 94 -14 Regular Assembly Meeting Volcre .aVIII April 7, 1994 rive 96 Presented for consideration was Resolution No. 94 -14 which, if adopted, authorized the mayor to expend no more than $7,966 for the purchase of a Hewlett Packard Design Jet 650C color plotter from the Lewis and Lewis Company. AUSTERMAN, moved to adopt seconded by MONROE Resolution No. 94 -14. Mayor Selby explained the purchase was a replacement for the current plotter. He noted the reliance on maps, especially for rezones and during the oil spill. Mayor Selby responded to Assemblymember Burt in that the large number of maps produced yearly were primarily for Planning and Zoning Commission and Assembly use. He noted that the maps and map- making services were available to the public for a fee. Assemblymember Gould asked for clarification of local preference according to the borough code. He felt the bids were close. MILLIGAN, moved to table seconded by AUSTERMAN Resolution No. 94 -14. VOTE ON MOTION TO TABLE MOTION CARRIED Unanimous voice vote After a five minute recess at 9:00 p.m., Presiding Officer McFarland reconvened the regular meeting. MILLIGAN, seconded by AUSTERMAN VOTE ON MOTION TO REMOVE FROM TABLE MOTION CARRIED Unanimous voice vote Mayor Selby commented that language in the bid documents needed to address local preference. He reported, however, that the difference in the bids was 11 percent and did not fall within the 10 percent local preference guidelines. VOTE ON MOTION TO ADOPT Ayes: 7 7 moved to remove Resolution No. 94 -14 from the table. Gould, Hancock, Milligan, Monroe, Austerman, Burt, Regular Assembly Meeting Volume XVIII April 7, 1994 Page 97 Noes: MOTION CARRIED GOULD, seconded by AUSTERMAN VOTE ON MOTION TO AMEND Ayes: Noes: None 7 7 MOTION CARRIED Unanimous Hancock, McFarland None Unanimous 3. Resolution No. 94 -15 Increasing the Rental RESOLUTION Rate for Office Space in the Kodiak Island NO. 94 -15 Borough Building. Presented for consideration was Resolution No. 94 -15 which, if adopted, authorized the mayor to adjust the rate of office space in the borough building from $1.00 to $1.10 per square foot for fiscal year 1995. AUSTERMAN, moved to adopt seconded by GOULD Resolution No. 94 -15. Mayor Selby related that analysis of the budget determined the need to increase building rent to pass on costs of maintenance. He proposed increasing the rent over a period of three to four years to allow renters to budget the increase. In response to Assembly questions, Mayor Selby explained that the rent revenue was in the building and grounds budget to offset expenses. He indicated the $60,000 shortfall would be appropriated from the building and grounds fund balance. Assemblymember Burt questioned raising the rent in increments instead of in one year. Mayor Selby reiterated that a smaller increment was adaptable this year and over three to four year budgets. moved to amend Resolution No. 94 -15 by inserting the words: "per month" after the word: "foot" in Section 1. Hancock, Milligan, Monroe, Austerman, Burt, Gould, McFarland Regular Assembly Meeting Volume XVIII April 7, 1994 Page 98 VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Milligan, Monroe, Austerman, Gould, Hancock, McFarland Noes: Burt MOTION CARRIED 6 Ayes, 1 No C. ORDINANCES FOR INTRODUCTION Presented for consideration was Ordinance No. 94 -04 which, if adopted, amended KIBC 17.09.010 to include LI- -light industrial, RB -- retail business district and RNC- -rural neighborhood commercial district This item was advanced to public hearing on April 21, 1994 under "Consent Agenda ". D. OTHER ITEMS AUSTERMAN, seconded by MONROE VOTE ON MOTION TO ACCEPT Ayes: Noes: 1. Ordinance No. 94 -04 Amending Kodiak Island Borough Code Section 17.09.010 Districts Established. 1. Resignation of Planning and Zoning Commissioner. MOTION CARRIED Unanimous moved to accept, with regret, the resignation of Planning and Zoning Commissioner, Jon Aspgren, and direct the clerk to advertise per KIBC 2.39.080 to fill the vacancy. Assemblymembers expressed their thanks to Jon Aspgren for his work on the Planning and Zoning Commission. Milligan, Monroe, Austerman, Burt Gould, Hancock, McFarland None ORDINANCES FOR INTRODUCTION ORDINANCE NO. 94 -04 OTHER ITEMS P & Z COMMISSIONER RESIGNATION Regular Assembly Meeting Volume XVIII April 7, 1994 Page 99 1 9 2. Vacation of Two (2) Sixty Foot (60') Public VACATION Access Easements Between Lots 17 and 18 and Between Lots 24 and 25, Sunny Cove Subdivision. (Generally Located on Spruce Island, North of Kodiak Island) AUSTERMAN, seconded by MILLIGAN VOTE ON MOTION TO APPROVE Ayes: Noes: None MOTION CARRIED Unanimous AUSTERMAN, seconded by MILLIGAN 17 moved to approve the vacation of two 60 foot public access easements between Lots 17 and 18, and between Lots 24 and 25, Sunny Cove Subdivision, subject to the conditions of approval placed on the vacation by the Planning and Zoning Commission. Mayor Selby explained the purpose of the request was to vacate two portions of a 60 foot wide public use easement that was required for access on the final plat for the Sunny Cove Subdivision on Spruce Island. Monroe, Austerman, Burt, Gould, Hancock, Milligan, McFarland 3. Vacation of a Ten Foot (10') Electrical Easement Located on Lot 4A, Block 9, Miller Point Alaska Subdivision, First Addition. (3455 Anton Way) moved to approve the vacation of a ten foot electrical utility easement on Lot 4A, Block 9, Miller Point Alaska Subdivision, First Addition. Mayor Selby reported the purpose was to eliminate an encroachment of the platted electrical easement on Lot 4A. He noted that vacation of the platted easement would not adversely affect Kodiak Electric Association in its ability to provide adequate service to the public in the area. VACATION Regular Assembly Meeting Volume XVIII April 7, 1994 Page 100 Ayes: VOTE ON MOTION TO APPROVE Noes: None MOTION CARRIED Unanimous 4. Contract No. 89 -03 Amendment to Audit CONTRACT Services for Kodiak Island Borough, Kodiak NO. 89 -03 Island Borough School District, and Kodiak AMENDMENT Island Hospital. AUSTERMAN, seconded by MILLIGAN VOTE ON MOTION TO AMEND Ayes: Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting April 7, 1994 7 Austerman, Burt, Gould, Hancock, Milligan, Monroe, McFarland moved to amend Contract No. 89 -03 with Deloitte & Touche to provide audit services for Kodiak Island Borough, Kodiak Island Borough School District, and Kodiak Island Hospital for fiscal year 1994 audit. Mayor Selby explained the extension was to allow for completion of the fiscal year 1994 audit. He reported that Deloitte and Touche had worked with both the hospital and borough accounting systems, so the on -going conversion would be effectively monitored. Burt, Gould, Hancock, Milligan, Monroe, Austerman, McFarland INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHEI MEETINGS 1. Womens Bay Service Area Regular Meeting of February 17 and Special Meeting of February 21, 1994. 2. Service District No. 2 Regular Meeting of January 17, 1994. Vol-re XVIII 2, ;e 101 3. Planning and Zoning Commission Regular Meeting of February 16, 1994. 4. Mental Health Center Advisory Board Regular Meetings of November 22, 1993, January 24 and February 28, 1994, and Work Session Notes of February 9 and February 10, 1994. B. REPORTS 1. Kodiak Island Borough March 1994 Financial Report. 2. Hazardous Communication Program February 1994 Report. 3. Mental Health Center March 1994 Director's Report. 4. Kodiak Island Borough School District February 1994 Financial Report. C. OTHER OTHER 1. Horseshoe Lake Community Association March 1994 Newsletter. 2. Mental Health Center Advisory Board Resolution No. 94 -01 Encouraging the Immediate Recruitment of a Psychiatrist. 3. Mental Health Center Advisory Board Resolution No. 94 -02 Recommending Moving the Mental Health Center Outpatient Clinic from the Griffin Building to the Borough Apartment Building. CITIZENS' COMMENTS None. ASBEMBLYMEMBER COMMENTS Assemblymember Hancock thanked Jon Aspgren. She and Assemblymember Austerman met with legislators in Juneau last week. She said the legislature was facing a $1.5 billion deficit and the Borough lobbyist noted that Kodiak's sewer and water project and hospital project represented approximately seven percent of the governor's budget. Assemblymember Burt was tremendously concerned with declining state revenues and fishing revenues. He urged everyone to be frugal. Assemblymember Monroe came away from Juneau feeling the Kodiak Island Borough had been prudent and in a much better position than many communities around the state. REPORTS CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Regular Assembly Meeting Volume XVIII April 7, 1994 Page 102 Assemblymember Milligan thought the "470 Fund" should be addressed at the borough level because revenues would be affected. He noted that artifacts on the Island were priceless and there was no policy within the state or Kodiak to protect artifacts. He suggested the Borough take a proactive role in protecting artifacts. Assemblymember Austerman reported on the trip to Juneau. He noted the "gloom and doom mentality" was a reality. He related that over $600 million was in last year's capital budget and proposed this year was $110 million. He saw no need for the Assembly to spend more time in Juneau this year. He met with the Alaska Department of Community & Regional Affairs and Commerce and Economic Development representatives. He announced a tourism conference planned for May 13, 1994 in Kodiak to form a network for economic development that would not hurt resources. He requested that representatives of the Juvenile Task Force give a presentation at a future work session. He invited the Assembly and Mayor Selby to a Kodiak Island Convention and Visitors Bureau social at the Museum between the hours of 5:00 p.m. and 7:00 p.m. on April 8, 1994. Presiding Officer McFarland announced he would attend the National Association of Development Organizations conference in Washington, D.C. April 17 - 19, 1994. Presiding Officer McFarland announced the Assembly would meet in work session on Thursday, April 14, 1994 at 7:30 p.m. in the borough conference room; a joint Assembly /Council work session on Tuesday, April 19, 1994 at 7:30 p.m. in the assembly chambers followed by a Goals & Objectives work session in the assembly chambers conference room; and a regular meeting on Thursday, April 21, 1994 at 7:30 p.m. in the assembly chambers. EXECUTIVE SESSION MONROE, seconded by MILLIGAN VOTE ON MOTION moved to recess to executive session to discuss legal matters. EXECUTIVE SESSION Regular Assembly Meeting Volume XVIII April 7, 1994 Page 103 Ayes: Noes: None MOTION CARRIED Unanimous MILLIGAN, seconded by GOULD VOTE ON MOTION ATTEST: Borough'Clerk Approve: 0421/94 Gould, Hancock, Milligan, Monroe, Austerman, Burt, McFarland At 9:40 p.m. the Assembly recessed into executive session. At 10:11 p.m. Presiding Officer McFarland reconvened the regular meeting and announced that no action would be taken as a result of the executive session. moved to adjourn. ADJOURNMENT MOTION CARRIED Without objection There being no further business to come before the Assembly, the meeting adjourned at 10:12 p.m. Regular Assembly Meeting Volume %VIII April 7, 1994 Pa ;e 104