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1995-02-02 Regular MeetingKODIAR ISLAND BOROUGH Regular Assembly Meeting February 2, 1995 A regular meeting of the Kodiak Island Borough Assembly was held February 2, 1995 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 Mr. Andre Einan of the Kodiak Bible Chapel, followed by the Pledge of Allegiance. There were present: Mary John Jack Gary Monroe, Presiding Burt McFarland Stevens Absent: Suzanne Hancock comprising a quorum of the Assembly; Jerome Selby, Mayor Donna Smith CMC, Clerk Judi Nielsen, Deputy Clerk Assemblymember Hancock was on be excused. McFARLAND, seconded by STEVENS VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OF AGENDA McFARLAND, seconded by BURT McFARLAND, seconded by BURT VOTE ON MOTION TO AMEND MOTION CARRIED Robin Heinrichs Mike Milligan and vacation and asked to moved to excuse Assemblymember Hancock. Unanimous voice vote moved to approve the agenda. moved to amend the agenda by adding item 12.D.1 Resignation of Planning and Zoning Commissioner. Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA Regular Assembly Meeting Volume X1X February 2, 1995 Page 193 VOTE ON MOTION TO APPROVE AS AMENDED MOTION CARRIED APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of January 19, 1995. McFARLAND, seconded by HEINRICHS VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month Award to Eileen Probasco, secretary III in the Community Development Department. B. Employee of the Year Mayor Jerome Selby presented the Employee of the Year Award to Sharon Kennedy, accounting technician in the Finance Department. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS Presiding Officer Monroe, Kodiak College Council representative, attended the last Council meeting and reported that Councilmembers were pleased with increased enrollment. PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR Unanimous voice vote moved to approve the minutes of January 19, 1995. Unanimous voice vote Mayor Selby traveled to Washington D.C. and met with Department of the Interior Minerals Management APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH EMPLOYEE OF THE YEAR CITIZENS' COMMENTS COMMITTEE REPORTS PUBLIC HEARING MESSAGES FROM MAYOR Regular Assembly Meeting Volume XIX February 2, 1995 Page 194 Service (MMS) representatives to discuss the Oil Pollution Act of 1990. He said the concern that directly impacted Kodiak was the required $150 million in liability insurance that would affect local oil distributors and air taxi operators. He said it appeared that most boat operators were exempt but there was a question of where the line was drawn. He noted the problem arose because the House version of the Act defined off -shore as the area from the mean high tide line seaward and upland areas were excluded. He said the Senate version of the Act did not address navigable waters but referred to the outer - continental shelf facilities that included off- shore drill rigs and oil tankers. He said the bill was driven by the Exxon Valdez oil spill and the real concern was the transportation of crude oil on the high seas. Because the Senate version was not specific, he said the Act affected all navigable waters as defined by the Corps -of- Engineers, including rivers, lakes and wetlands, and consequently the insurance requirement was for all with oil interests. He reported that a regulation proposed by the MMS heightened discussion on concern that the requirement would shut down oil distributors, air taxi services and village fuel distribution programs. He related that the issue was complicated in that insurance companies were not offering the insurance at any premium. He said the timeline on the proposed regulation allowed oil companies and environmentalists to work on language to specifically address transportation of crude oil on the high seas. He said draft language was forthcoming, and the target was to complete discussions by late March and Outer Continental Shelf Policy Committee action in early May for recommendation to Congress. He reported on discussion of the Fisheries Industrial Technology Center /National Oceanic and Atmospheric Association (FITC /NOAA) and ANWAR. He said Senator Ted Stevens reintroduced the Magnusen Act Bill. He noted that the Bill had a number that was historically assigned to an environmental bill, and the environmental community was urging support. He said it was significant that the Bill included an addition to the National Standard that required economic analysis on the economic impact to coastal communities prior to adoption of any fisheries policy. He said because it was not a requirement in the past, it was difficult to secure an analysis. He appreciated Senator Stevens' concern for Kodiak. Regular Assembly Meeting Volume XIX February 2, 1995 Page 195 He traveled to Juneau and met with the Acting Commissioner of the Department of Fish and Game (ADF &G) to discuss the terms of lease of the FITC /NOAA facility to the ADF &G and the University of Alaska. He noted that the NOAA lease was in place. He said there was confusion over the past few months because of the change in administration. He said that Department of Administration Commissioner Boyer was favorably inclined to get the leases set. He clarified that the lease would be negotiated with the ADF &G the first year and with the Department of Administration subsequent years. He noted that the requests for proposal would be presented to the Board of Regents to select an architectural engineering firm to design the building. He said the three agencies were positive about sharing the laboratory facilities and the opportunity to exchange knowledge. He said the Senate and House supported the $3 million appropriation request for the hospital. Although he was unable to meet with Governor Tony Knowles, he met with Lieutenant Governor Fran Ulmer, Chief of Staff Jim Ayres and Office of Management and Budget representative Anna Lee McConnel to discuss the hospital, the wastewater treatment plant upgrade, leasing the FITC /NOAA facility and Kodiak concerns in general. He felt the House and Senate leadership and the finance committee were supportive of funding the $20 million rocket launch facility. He said that although the subsistence issue caused a loss of impetus in the legislative session, he hoped legislators would work cooperatively to deal with important issues, including funding. He reported that Borough staff was working through the budget process and pre- construction work on construction projects. At questions raised by Assemblymember Milligan, Mayor Selby stated he had a copy of Senator Stevens' bill. At further questions from Assemblymember Milligan, Mayor Selby said that Borough lobbyist, Lamar Cotten, was making contacts in the House, Senate, Governor's Office and ADF &G and working hard for Kodiak. He added that he and Borough lobbyist Don Kubley met with Pat Ladner, executive director of the Alaska Aerospace Development Corporation, to discuss possible financing scenarios. He noted that support was received from the offices of Representative Austerman and Senator Zharoff. Regular Assembly Meeting Volume XI% February 2, 1995 Page 196 OLD BUSINESS OLD BUSINESS None. NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Contract No. 95 -04 Mental Health Center CONTRACT Administration and Care Facilities NO. 95 -04 Janitorial Service. STEVENS, seconded by McFARLAND VOTE ON MOTION TO AWARD moved to award contract No. 95 -04 to Anderson Janitorial Services of Kodiak for a term to expire June 30, 1995, with options to renew for three additional one -year terms, in an amount not to exceed $10,420 per year with the right of cancellation per the bid documents. Mayor Selby said that of the three bids received, two were competitive and one was high. He felt the recommended firm had a good understanding of the work required and anticipated a good working relationship. Ayes: Burt, Heinrichs, McFarland, Milligan, Stevens, Monroe Noes: None Absent: Hancock MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 95 -01 Rescinding Resolution RESOLUTION No. 91 -42 and Adopting a Records Retention NO. 95 -01 Schedule and Central Filing System. Presented for consideration was Resolution No. 95 -01 that, if adopted, rescinded Resolution No. 91 -42 Approving a Records Retention Schedule and adopted a retention schedule and central filing system as mandated by state and federal statutes. Regular Assembly Meeting Volume XIX February 2, 1995 Page 197 McFARLAND, moved to adopt seconded by MILLIGAN Resolution No. 95 -01. Mayor Selby deferred to Clerk Smith. Clerk Smith detailed that the Schedule, developed in compliance with state and federal laws, would retire the 1991 Schedule. She said the records coordinator met with each department staff to determine the timelines for retention and disposal. At questions raised by Assemblymember Burt, Clerk Smith outlined that there would be a cost - savings in that disposal of records created additional space for new records without expanding space or staff. When Assemblymember Stevens restated that the Borough would be in compliance with state and federal laws, Clerk Smith responded affirmatively. VOTE ON MOTION TO ADOPT Ayes: MILLIGAN, seconded by BURT VOTE ON MOTION TO ACCEPT Ayes: Heinrichs, McFarland, Milligan, Stevens, Burt, Monroe Noes: None Absent: Hancock MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS 1. Resignation of Planning and Zoning Commissioner. moved to accept, with regret, the resignation of Planning and Zoning Commissioner Bruce Barrett and direct the clerk to advertise the vacancy per Borough code. McFarland, Milligan, Stevens, Burt, Heinrichs, Monroe ORDINANCES FOR INTRODUCTION OTHER ITEMS Regular Assembly Meeting Volume XIX February 2, 1995 Page 198 Noes: Absent: MOTION CARRIED MINUTES OF OTHER MEETINGS INFORMATIONAL MATERIALS (No action required) A. B. None Hancock Unanimous 1. Kodiak Island Borough School District Special Meetings of January 3 and 16, 1995. 2. City of Port Lions Council Regular Meeting of December 15 and Special Meeting of December 23, 1994. 3. Planning and Zoning Commission Regular Meeting of December 21, 1994. REPORTS 1. Kodiak Island Borough January 1995 Financial Report. 2. Kodiak Island Borough School District December 1994 Financial Report. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Milligan referred to an article in Fisherman's Journal reporting on king salmon habitat. Assemblymember Stevens reported that Senate Resolution No. 1 established a task force to study foundation funding for schools. He asked the Assembly to express support for the resolution. He though this would be a good time to consider year - round schools in the foundation funding formula. Assemblymember McFarland congratulated the Employee of the Month and Employee of the Year recipients. His thoughts were with Father Peter Kreta's family and Ernie Mills' family. He acknowledged it was sad when people who have served in the community leave. INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Regular Assembly Meeting Volume XIX February 2, 1995 Page 199 He asked if the Mayor should draft a letter to the Board of Fish requesting a Kodiak resident be considered. The Assembly concurred. He announced a community reception on February 17 from 5 - 7 p.m. at Kodiak High School for Governor Knowles and a ball at the Golden Anchor on February 18. He recognized the Service District No. 1 Board's position on the transfer of maintenance of Otmeloi Way from the Alaska Department of Transportation and noted it would discussed at the next work session. Presiding Officer Monroe recognized Eileen Probasco and Sharon Kennedy and all Borough staff. She announced that the assembly would meet in a work session on Thursday, February 9 at 7:30 p.m. in the borough conference room and a regular meeting on February 16 at 7:30 p.m. in the assembly chambers. McFARLAND, moved to adjourn. ADJOURNMENT seconded by HEINRICHS VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 8:12 p.m. ATTEST: orough Clerk Approved: 02 /16/95 e7e, d �u, ..L Presiding Officer Regular Assembly Meeting Volume XIX February 2, 1995 Page 200