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1995-03-02 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held March 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. Presiding Officer Monroe led the Pledge of Allegiance. There were present: Mary Monroe, Presiding Suzanne Hancock Jack McFarland Gary Stevens McFARLAND, seconded by MILLIGAN Clerk Smith read the "Consent Agenda ". McFARLAND, seconded by MILLIGAN KODIAK ISLAND BOROUGH Regular Assembly Meeting March 2, 1995 Robin Heinrichs Mike Milligan Absent: John Burt comprising a quorum of the Assembly; and Linda Freed, Acting Mayor Donna Smith CMC, Clerk Judi Nielsen, Deputy Clerk Assemblymember Burt was out due to a family illness and asked to be excused. STEVENS, moved to excuse seconded by McFARLAND Assemblymember Burt. VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote APPROVAL OF AGENDA AND CONSENT AGENDA moved to approve the agenda and consent agenda. items for consideration under moved to amend the agenda by adding item 12.B.2 Resolution No. 95 -04 Opposing an Increase in Utility REGULAR MEETING ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA Regular Assembly Meeting Volume XIX March 2, 1995 Page 214 VOTE ON MOTION TO AMEND Ayes: Noes: None Absent: Burt MOTION CARRIED Unanimous VOTE ON MOTION TO APPROVE AS AMENDED Ayes: System Development Fees by the City of Kodiak. Hancock, Heinrichs, Milligan, McFarland, Stevens, Monroe Heinrichs, Milligan, McFarland, Stevens, Hancock, Monroe Noes: None Absent: Burt MOTION CARRIED Unanimous APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of February 16, 1995. This item was approved under "Consent Agenda ". AWARDS AND PRESENTATIONS A. Employee of the Month Acting Mayor Linda Freed presented the Employee of the Month Award to James Skog, baler operator I at the Borough Landfill /Baler Facility. APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH B. Proclamation PROCLAMATION Acting Mayor Freed proclaimed March 1995 Women's History Month, urging that citizens of the Kodiak Island Borough increase their knowledge and appreciation of the role women play in our lives. The proclamation was accepted by Marcia Rom, Kodiak Women's Resource and Crisis Center representative. Regular Assembly Meeting Volume XIX March 2, 1995 Page 215 CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Assemblymember Hancock, stated that she and Assemblymember Milligan were representatives on the Transportation Committee, and announced that the Committee would meet on Monday, March 6 at 7:30 p.m. in the borough conference room. She said the meeting would focus on the need for a public transit system and that City and Borough representation was needed to allow a wide variety of discussion. As representative to the Mental Health Center Advisory Board, she reported that budget discussion indicated there was a year -to -date shortfall of $300,000 due to COLA increases and writing -off five years of bad debt. Assemblymember Heinrichs, School Budget Review Committee representative, announced a special meeting of the Committee on Monday, March 6 at noon. He expressed appreciation to school administration for providing documents and reports timely. Assemblymember Stevens said he participated in a teleconference as a representative of the Alaska Municipal League (AML) Education Legislative Committee. He noted that Assemblymember Hancock was also a representative on the Committee. He met with Carl Rose, Alaska School Board executive director, to discuss issues in the state legislature relating to teacher tenure, DeNova hearings and negotiations. He said House Bill 120 related to indemnification of public employees and Senate Resolution 121 related to the foundation formula. He felt it was important to include municipal representation and cautiously work toward changing the foundation formula. Assemblymember McFarland reported he attended meetings representing the Southwest Alaska Municipal Conference ( SWAMC) as president. He noted that many SWAMC interests intertwined with Kodiak's interests including fisheries, Senate Bill 120, education, sewer /water and hospital funding. He spoke with CITIZENS' COMMENTS Regular Assembly Meeting Volume XIX March 2, 1995 Page 216 Representatives Alan Austerman and Senator Fred Zharoff. He represented the SWAMC Board, as president, at the Alaska Regional Development Organizations (ARDOR) meeting. He clarified that ARDOR was an economic development region comprised of 15 members that included SWAMC and Kodiak was a member of SWAMC. He said it was the first meeting and a mission statement and goals and objectives were set. 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. 95 -01 Amending Title 7 Elections ORDINANCE of the Kodiak Island Borough Code of Ordinances NO. 95 -01 to Reflect Records Retention as Set By Resolution. Presented for consideration was Ordinance No. 95 -01 that, if adopted, amended Title 7 by defining the preservation of specific documents as set by the records retention schedule resolution. McFARLAND, moved to adopt seconded by MILLIGAN Ordinance No. 95 -01. Acting Mayor Freed deferred to Clerk Smith who explained that the ordinance would amend the code to reflect the correct retention schedule for election related material. Presiding Officer Monroe called for public testimony; hearing and seeing none, she reconvened the regular meeting. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: McFarland, Milligan, Stevens, Hancock, Heinrichs, Monroe Noes: None Absent: Burt MOTION CARRIED Unanimous Regular Assembly Meeting Volume XIX March 2, 1995 Page 217 MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR None. OLD BUSINESS None. NEW BUSINESS A. BID AWARDS BID AWARDS None. B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 94 -07C Amending Resolution RESOLUTION No. 94 -07 Establishing Fees of the Kodiak NO. 94 -07C Island Borough to Waiver Fees for Disposal of Junk Vehicles During Spring Clean -up. Presented for consideration was Resolution No. 94 -07C that, if adopted, amended Resolution No. 94 -07 by waiving the $30.00 junk automobile disposal fee. HEINRICHS, moved to adopt seconded by STEVENS Resolution No. 94 -07C Acting Mayor Freed said that waiving the disposal fee would encourage people to clean -up their property. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Milligan, Stevens, Hancock, Heinrichs, McFarland, Monroe Noes: None Absent: Burt MOTION CARRIED Unanimous OLD BUSINESS NEW BUSINESS 2. Resolution No. 95 -04 Opposing an Increase RESOLUTION in Utility System Development Fees by the NO. 95 -04 City of Kodiak. Presented for consideration was Resolution No. 95 -04 that, if adopted, opposed the increase in utility system development fees as unnecessary, untimely and detrimental to the Kodiak community. Regular Assembly Meeting Volume XIX March 2, 1995 Page 218 McFARLAND, moved to adopt seconded by MILLIGAN Resolution No. 95 -04. Acting Mayor Freed said the resolution clearly defined the Assembly's opposition to the increase of fees instituted by the City of Kodiak. At the direction of Presiding Officer Monroe, Acting Mayor Freed read the resolution. Assemblymember Milligan intended to vote for the resolution but also intended to maintain his resolve to find accommodation. He felt it was important to remember that there were two different disciplines in, that the City was coming from an engineering aspect and the Borough was looking at impact on development. He felt it was unfair the way the increased cost was derived but he held respect for the City's position. Assemblymember Stevens appreciated the problems the City was facing and the need to increase size and capacity but he questioned who would pay. He said one option was that growth projects would pay for new projects and another option was to make everyone pay equally and share equitable. He reminded the Assembly that they represented not only Service District No. 1 residents and builders but everyone on the Island including those residing within the City. He questioned if it was fair for City residents to pay the cost. He questioned the plan and how to pay for the additional plant. He felt there could be problems if the Alaska Public Utilities Commission decided what was fair. He did not want to take a confrontational stand and thought it better to postpone the resolution to allow time to work with the City. Assemblymember McFarland appreciated Assemblymember Stevens' position and agreed with Assemblymember Milligan's comments. He said there was a long history involved and felt the Assembly had been more than patient and intended to be a partner to resolve the problem. He said the record was clear that there was never a debt service fund established to bring the plant into compliance but that had nothing to do with growth. He felt that the City, as the owner of the system, was responsible to struggle with the problem. He contended that it was a regional facility built with state and federal funds and although the Borough should remain a partner, the Assembly could not ignore the arbitrary and capricious acts of the Council. He argued that the Assembly met with the Council on numerous occasions Regular Assembly Meeting Volume XIX March 2, 1995 Page 219 to study engineering reports and explore potential cost savings by phasing the project to meet regulatory demands. He said the partnership was kept alive until January when it became apparent that the City would resolve the problem on their own. He understood recent rate increases were to fund the upgrades and alternatives would be explored prior to increases. He noted that the Waste Water Treatment Plant modification was number one on the joint Borough /City Capital Improvement Projects (CIP) resolution. He said the Borough lobbied for funding and would continue to do so. He felt the increase would not solve long -range problems and would stifle local economic development and trade. He said he was willing to continue talking with the Council. Assemblymember Hancock thought it was important to continue talking and lobbying but contended that since a good faith effort was made, the Borough was not critical without offering solutions. She said growth continued in the Borough, within the City and on Near Island. There was a need to continue to work with the City, however, she felt it was time to take a stand and the resolution clarified that the Assembly did not agree with the increase. Presiding Officer Monroe was committed to working with the City but did not agree with the increase. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION Hancock, Heinrichs, McFarland, Milligan, Monroe Stevens Burt 5 Ayes, 1 No 1. Ordinance No. 95 -02 Amending Title 4 Service Areas by Adding Section 4.15.075 Reports and Minutes. Presented for consideration was Ordinance No. 95 -02 that, if adopted, amended Title 4 delineating that service area board minutes be filed in the office of the clerk and open to public inspection. ORDINANCES FOR INTRODUCTION ORDINANCE NO. 95 -02 Regular Assembly Meeting Volume XtX March 2, 1995 Page 220 This item was advanced to public hearing on March 16, 1995 under "Consent Agenda ". D. OTHER ITEMS 1. Kodiak Island Borough Mental Health Center Advisory Board Procedural Rules and Order of Business. MILLIGAN, seconded by McFARLAND Acting Mayor Freed said the code provided that boards and committees could establish procedural rules with Assembly approval. There was no discussion by the Assembly. VOTE ON MOTION TO APPROVE Ayes: Hancock, Heinrichs, McFarland, Milligan, Stevens, Monroe Noes: Absent: MOTION CARRIED 2. Resignation of Lamar Cotten, Lobbyist. MILLIGAN, seconded by HEINRICHS None Burt Unanimous There was no discussion by the Assembly. VOTE ON MOTION TO ACCEPT moved to approve the Kodiak Island Borough Mental Health Center Advisory Board Procedural Rules and Order of Business as presented. moved to accept the resignation of Lamar Cotten to terminate Contract No. 94 -37 effective February 28, 1995. Ayes: Heinrichs, McFarland, Milligan, Stevens, Hancock, Monroe Noes: None OTHER ITEMS MHCAB PROCEDURAL RULES AND ORDER OF BUSINESS RESIGNATION OF LOBBYIST Regular Assembly Meeting Volume XIX March 2, 1995 Page 221 Absent: Burt MOTION CARRIED Unanimous 3. Contract No. 95 -05 Lobbyist. MILLIGAN, seconded by STEVENS VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED A. MINUTES OF OTHER MEETINGS moved to enter into Contract No. 95 -05 for the term March 1 through October 31, 1995 in an amount not to exceed $16,664 with Alaska International Marketing (Don Kubley). Presiding Officer Monroe noted that Mr. Kubley provided lobbyist services to the City and was currently working for the Borough concerning the Alaska Aerospace Development Corporation. At questions raised by Assemblymember Milligan, Acting Mayor Freed stated that both applicants were highly qualified. She felt Mr. Kubley would represent the Borough well and noted that he served in the Hammond administration and worked well with Lt. Governor Fran Ulmer and Representative Alan Austerman. McFarland, Milligan, Stevens, Hancock, Heinrichs, Monroe None Burt Unanimous INFORMATIONAL MATERIALS (No action required) 1. Planning and Zoning Commission Meeting of January 18, 1995. 2. Personnel Advisory Board Meeting of February 8, 1995. 3. Monashka Bay Road Service District Meeting of. February 9, 1995. 4. Health and Safety Committee Meeting of February 13, 1995. CONTRACT NO. 95 -05 INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS Regular Assembly Meeting Volume XlX March 2, 1995 Page 222 5. Kodiak Island Borough School District Meeting of January 23 and Special Meeting of February 6, 1995. 6. Kodiak Island Hospital Advisory Board Meetings of October 12, November 9, and December 14, 1994 and January 11, 1995. 7. City of Port Lions Council Meeting of January 12, 1995. B. REPORTS REPORTS 1. Kodiak Island Borough February 1995 Financial Report. 2. Kodiak Island Borough School District January 1995 Financial Report. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember McFarland stressed it was important that the lobbyist understand who he worked for and to whom he reported, and to forward CIP legislation information to the Presiding Officer. He felt that preparing travel arrangements early allowed the lobbyist time to prepare to address the Assembly. He stressed the need to clearly define lobbyist responsibilities. Presiding Officer Monroe suggested teleconferencing during work sessions. Assemblymember Milligan acknowledged Women's History Month and noted that women have come a long way and their strengthening influence was their incorporation into society. He felt it was important to note that the city mayor, presiding officer, president of the senate and speaker of the house were women. He supported Kodiak Electric Association elections and noted that Joe Floyd was not running. He felt Mr. Floyd would be missed because he nurtured both young and old in the community. He thought the water issue was a derisiveness between the City and Borough but agreed that there was a need to take a position. OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Regular Assembly Meeting Volume XIX March 2, 1995 Page 223 Presiding Officer Monroe congratulated James Skog as employee of the month. She expressed sympathy to the families of the young men who recently died in the villages. She felt it was a great loss of young leaders. She announced the Assembly would meet in a work session in Port Lions on March 9. If weather precludes travel to Port Lions, the work session will be held in the borough conference room at 7:30 p.m. She added that the Assembly would meet in a regular meeting on March 16 at 7:30 p.m. in the assembly chambers. MILLIGAN, moved to adjourn. ADJOURNMENT seconded by McFARLAND VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 8:20 p.m. ATTEST: Borough Clerk Approved: 03/16/95 Regular Assembly Meeting Volume XIX March 2, 1995 Page 224