1995-09-21 Regular MeetingKODIAK ISLAND BOROUGH
Regular Assembly Meeting
September 21, 1995
A regular meeting of the Kodiak Island Borough
Assembly was held September 21, 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.
Deputy Presiding Officer Milligan led the Pledge of
Allegiance.
There were present:
Mike Milligan, Presiding
John Burt Suzanne Hancock
Robin Heinrichs
Gary Stevens Jack McFarland
Absent:
Mary Monroe
comprising a quorum of the Assembly; and
Jerome Selby, Mayor
Donna Smith CMC, Clerk
Judi Nielsen, Deputy Clerk
Linda Freed, Community Development Director
Steve Hobgood, Engineering /Facilities Director
Assemblymember Monroe was out of town and asked to be
excused.
McFARLAND,
seconded by HEINRICHS moved to excuse
Assemblymember Monroe.
VOTE ON MOTION TO EXCUSE
MOTION CARRIED Unanimous voice vote
APPROVAL OF MINUTES
A. K.I.B. Assembly Meeting of August 3, 1995.
HEINRICHS,
seconded by McFARLAND moved to approve the
minutes of August 3,
1995.
VOTE ON MOTION TO APPROVE
MOTION CARRIED
Regular Assembly Meeting
September 21, 1995
Unanimous voice vote
REGULAR MEETING
ROLL CALL
APPROVAL OF
MINUTES
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Page 191
APPROVAL OF AGENDA
STEVENS, moved to approve the
seconded by McFARLAND agenda.
VOTE ON MOTION TO APPROVE
MOTION CARRIED
AWARDS AND PRESENTATIONS
None.
CITIZENS' COMMENTS
Unanimous voice vote
A. Agenda Items Not Scheduled For Public Hearing
None.
B. Items Other Than Those Appearing on the Agenda
Millie Sugita, public health center manager, thanked
the Assembly for the funds appropriated to the health
center and for their support.
COMMITTEE REPORTS
Woody Knninq, Architectural Review Board chair,
reported on the September 12 meeting with Prochaska
and Associates regarding the hospital plans. He said
there were general questions regarding roofing
options and the need for a contractual obligation for
the engineer so that the mechanical and maintenance
staff worked past the completion date to ensure that
all systems worked and staff knew how to maintain the
equipment. He said the Board met September 19 to
develop recommendations that staff forwarded to the
engineers and architects. He said the Board was
uncomfortable with using particle board for cabinets
and requested a cost estimate for other materials.
He noted that the Board felt the flashing was weak
and the need was to eliminate water infiltration. He
said the architect cooperated by replacing a skylight
with a cholesteric window that solved technical
problems. He was pleased that the architect was
concerned about solving problems.
In response to Assemblymember Burt, Mr. Koning said
he expected a good response to the recommendations
and that Prochaska assured the Board that the
mechanical and maintenance staff would receive
appropriate training.
Regular Assembly Meeting
September 21, 1995
APPROVAL 0
AGENDA
AWARDS AND
PRESENTATIONS
CITIZENS'
COMMENTS
COMMITTEE
REPORTS
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Page 192
Assemblymember Hancock announced a meeting of the
Wastewater Treatment Plant Task Force. She hoped the
public would attend to comment and noted the
committees' findings would be published in the
newspaper.
Assemblymember Heinrichs attended a Planning and
Zoning Commission meeting where discussion centered
around foreclosed land, the Urban Islands
Comprehensive Plan and review of Title 17.
He reported that the Coastal Policy Council met by
teleconference and the outcome was that the petitions
of Kristen Stahl Johnson and Leonard Malloy were
dismissed without prejudice. He said that seemed
like a defeat but it allowed them to reapply under a
different set of rules if they desired. He noted
that the Council met on an as needed basis.
Deputy Presiding Officer Milligan reported that
members of the Assembly traveled to Ouzinkie to
attend the Ouzinkie School rededication. He
appreciated the reception and the quality building.
PUBLIC NEARING
All ordinances and resolutions presented at this
meeting were introduced by title only and copies made
available to the public.
A. Ordinance No. 95 -10A Amending Ordinance
No. 95 -10 Fiscal Year 1996 Budget to ORDINANCE
Reflect Amendments. NO. 95 -10A
Presented for consideration was Ordinance No. 95 -10A
that, if adopted, amended the Kodiak Island Borough
budget to reflect certain amendments.
STEVENS, moved to adopt
seconded by HEINRICHS
Ordinance No. 95 -1OA.
Mayor Selby outlined the transfer of funds for
projects that included new high school equipment,
preservation of documents in the clerk's office, new
basketball courts at Port Lions School, additional
ground work at Ouzinkie School and funds for the
Salonie Creek Rifle Range.
Deputy Presiding Officer Milligan called for public
testimony; hearing and seeing none, he reconvened the
regular meeting.
In response to Assemblymember Burt, Mayor Selby said
that based on the actual remodel of the Kodiak High
Regular Assembly Meeting
September 21, 1995
PUBLIC HEARING
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Page 193
School, there was no equipment requirement. He said
twenty - year -old equipment would be replaced and the
mat lifts would alleviate the expenditure for new
mats destroyed when moved from one area to another.
At Assemblymember McFarland's inquiry, Mayor Selby
clarified that desks for the high school were ordered
with desks for North Star Elementary School because
the bulk price was lower. He anticipated delivery by
December 1.
Assemblymember Stevens questioned the funds for
document preservation. Mayor Selby clarified that
$7,200 was only for ordinances and resolution and not
the entire $17,000 for all documents.
STEVENS, moved to amend
seconded by HANCOCK Ordinance No. 95 -10A
Section 4 by increasing
the figure $177,200 to
$221,400 and the figure
$153,200 to $190,200,
and in Section 5 by
increasing the figure
$201,700 to $238,700.
Assemblymember Heinrichs said the equipment list was
received at this meeting and asked for information
earlier to discuss at work sessions.
Assemblymember Burt felt it was typical for the
school district to fast - track.
Assemblymember Heinrichs suggested distributing the
information to the Assembly during budget review.
At the request of Assemblymember McFarland, Mayor
Selby clarified that $190,000 was for capital
projects and $37,000 for high school equipment.
When Assemblymember Burt questioned why the need to
replace desks was not thought of, Assemblymember
McFarland agreed and questioned whether there was a
depreciation fund. He also asked if the desks were
ordered. Mayor Selby said the bids were in and this
was an opportunity to buy the desks at a bulk price.
He noted that items less than $500 in value were
expendable and, therefore, not depreciable.
Assemblymember McFarland said the Assembly should
determine what was needed to make decisions and
demand that information. He said the Assembly had
not received the overall high school plan that was
requested.
Regular Assembly Meeting
September 21, 1995
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Page 194
VOTE ON MOTION TO AMEND
Ayes:
Noes:
Absent:
MOTION CARRIED
VOTE ON MOTION TO ADOPT
Ayes:
Regular Assembly Meeting
September 21, 1995
Burt, Hancock,
Heinrichs, McFarland,
Stevens, Milligan
None
Monroe
Unanimous
AS AMENDED
Hancock, Heinrichs,
McFarland, Stevens,
Burt, Milligan
Noes: None
Absent: Monroe
MOTION CARRIED Unanimous
B. Ordinance No. 94 -10J Amending Ordinance
No. 94 -10 Fiscal Year 1995 Budget (Day Care
Assistance Program Grant).
Presented for consideration was Ordinance No. 94 -10J
that, if adopted, amended the Kodiak Island Borough
budget by decreasing the Transitional Child Care
Subsidy and Expenditures by $12,000.
HEINRICHS, moved to adopt
seconded by STEVENS Ordinance No. 94 -10J.
Mayor Selby said the ordinance reflected a year -end
budget adjustment from the Department of Community
and Regional Affairs (DCRA) to reflect actual grant
funds received.
At questions raised by Assemblymember Burt, Mayor
Selby explained that the Day Care Assistance Program
was based on a formula for the entire state that did
not indicate reduced demand in Kodiak.
Deputy Presiding Officer Milligan called for public
testimony; hearing and seeing none, he reconvened the
regular meeting.
ORDINANCE
NO. 94 -10J
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Page 195
VOTE ON MOTION TO ADOPT
Ayes:
Noes: None
Absent: Monroe
MOTION CARRIED Unanimous
Hancock, Heinrichs,
McFarland, Stevens,
Burt, Milligan
C. Ordinance No. 94 -10K Amending Ordinance
No. 94 -10 Fiscal Year 1995 Budget ( Alaska
Coastal Management Program Grant).
Presented for consideration was Ordinance No. 94 -10K
that, if adopted, amended the Kodiak Island Borough
budget by transferring $3,000 for purchase of a
computer software program.
HEINRICHS, moved to adopt
seconded by STEVENS Ordinance No. 94 -10K.
Mayor Selby outlined that DCRA awarded grant funds
and the amendment transferred $3,000 to assist the
Borough in purchasing a computer software program.
In response to Assemblymember Burt, Mayor Selby said
the program would enhance the Borough's AutoCAD and
mapping capabilities.
Deputy Presiding Officer Milligan called for public
testimony; hearing and seeing none, he reconvened the
regular meeting.
VOTE ON MOTION TO ADOPT
Ayes:
Noes: None
Absent: Monroe
MOTION CARRIED Unanimous
MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM
MAYOR
Hancock, McFarland,
Stevens, Burt, Hancock,
Milligan
Mayor Selby reported good news in that the Anton
Larsen Dock was fully functional and he was pleased
with a quality product.
Regular Assembly Meeting
September 21, 1995
ORDINANCE
NO. 94 -10K
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Page 196
He received a letter from the Alaska Aerospace
Corporation thanking the Borough for participating in
the ribbon cutting ceremony and congressional visit.
He said they were pleased with the community
response.
He said the Senate Energy Committee's motion to use
the Arctic oil reserve funds to balance the budget
continued to move through the process.
He received proposed amendments to the Magnuson Act
from Brad Gilman, Washington D.C. lobbyist. He said
a number of Kodiak issues were being discussed but
the amendment for catch and release may not be
included. He would copy the Assembly.
He reported that as leaving the Ouzinkie School
rededication, he received a petition with 92
signatures requesting a playground area and gym. He
said it was great to be in Ouzinkie and involved in
bringing the last village school up to standards to
provide a positive learning environment.
When Deputy Presiding Officer Milligan said he had
not received the last report from Mr. Gilman, Mayor
Selby said he would copy the Assembly.
OLD BUSINESS
OLD BUSINESS
None.
NEW BUSINESS
NEW BUSINESS
A. CONTRACTS
CONTRACTS
1. Contract No. 95 -53 Water and Sewer CONTRACT
Installation, Maintenance, and Repair NO. 95 -53
Services for Service District No. 1.
HEINRICHS,
seconded by McFARLAND
Regular Assembly Meeting
September 21, 1995
moved to award Contract
No. 95 -53 to Brechan
Enterprises, Inc. of
Kodiak.
Mayor Selby said the Service District No. 1 Board
recommended awarding the time and materials contract
to Brechan Enterprises, Inc. as the sole bidder.
Assemblymember McFarland appreciated staff comments
and recommendations.
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Page 197
VOTE ON MOTION TO AWARD
Ayes:
Noes: None
Absent: Monroe
MOTION CARRIED Unanimous
McFarland, Stevens,
Burt, Hancock,
Heinrichs, Milligan
2. Contract No. 95 -54 City of Ouzinkie Scrap CONTRACT
Metal Removal Project. NO. 95 -54
HEINRICHS, moved to award Contract
seconded by STEVENS No. 95 -54 to Northern
Exploration and
Equipment of Kodiak in
an amount not to exceed
$117,777.
Mayor Selby commended the City of Ouzinkie and the
Ouzinkie Tribal Council for seeking Environmental
Protection Agency grants that committed $15,000 to
the project.
Assemblymember McFarland agreed and wondered if the
bidders were aware of the total tonnage. Mayor Selby
said the bidders had an opportunity to view the area.
In response to Assemblymember Milligan, Mayor Selby
said the non - functional catapillar at the edge of
town and most the metal would be removed.
VOTE ON MOTION TO AWARD
Ayes:
Noes: None
Absent: Monroe
MOTION CARRIED Unanimous
3. Contact No. 95 -55 Kodiak Island Borough CONTRACT
Building and Mental Health Center Fiber NO. 95 - 55
Optic Installation.
HEINRICHS
seconded by McFARLAND
Regular Assembly Meeting
September 21, 1995
Stevens, Burt, Hancock,
Heinrichs, McFarland,
Milligan
moved to award Contract
No. 95 -55 to PTI
Communications in an
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Page 198
amount not to exceed
14,873.70.
Mayor Selby said the contract was for installation of
a fiber optic line connecting the Borough building
and the Mental Health Center to allow better computer
system operation and eliminate the PBX switch.
In response to questions from the Assembly, Mayor
Selby said he anticipated a life expectancy of 50
years. He noted the fiber optics would run through
existing conduit as well as some new conduit. He did
not have numbers on monthly cost savings.
VOTE ON MOTION TO AWARD
Ayes:
Noes: None
Absent: Monroe
MOTION CARRIED Unanimous
4. Contract No. 95 -56 Kodiak Island Hospital CONTRACT
and Care Center Addition and Renovation NO. 95 -56
Phase II Site Work. (Sewer, Water,
Driveway Reconstruction, and Retaining
Wall)
HEINRICHS,
seconded by McFARLAND
Regular Assembly Meeting
September 21, 1995
Burt, Hancock,
Heinrichs, McFarland,
Stevens, Milligan
moved to award Contract
No. 95 -56 to A -K
Construction of Kodiak
in an amount not to
exceed $97,575.
Mayor Selby said two bids were received and AK
Construction Co. was the low bidder. He said the
contract would finish site work excluding landscaping
and would accomplish sewer and water hookups.
In response to Assemblymember Burt, Mayor Selby
explained that site work was not part of the original
contract with the management company but this was
within the original $18.5 million for the project.
At questions raised by Assemblymember McFarland,
Mayor Selby said funds were from the hospital
construction account and that realigning the driveway
resulted in shifting the road access and that the
water and sewer connection could not be completed
until the foundation was in.
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Page 199
VOTE ON MOTION TO AWARD
Ayes:
STEVENS,
seconded by McFARLAND
VOTE ON MOTION TO AWARD
Regular Assembly Meeting
September 21, 1995
Hancock, Heinrichs,
McFarland, Stevens,
Burt, Milligan
Noes: None
Absent: Monroe
MOTION CARRIED Unanimous
5. Contract No.95 -57 Kodiak Island Borough CONTRACT
Mental Health Center Buildings Exterior NO. 95 -57
Entry Porches.
moved to award Contract
No. 95 -57 to Rip Tech
Lumber and Building
Products of Kodiak in
an amount not to exceed
$5,228.28.
Mayor Selby said the contact was for construction of
exterior porches at the Mental Health Center
buildings. He said Rip Tech Lumber & Building
Products was the low bidder.
In response to Assemblymember Burt, Mayor Selby said
the borough carpenter would install the porches.
When Assemblymember Burt expressed concern that
Borough employees competed with the private sector,
Mayor Selby said private individuals completed other
projects so money was spread throughout the
community.
Ayes: Heinrichs, McFarland,
Stevens, Burt, Hancock,
Milligan
Noes: None
Absent: Monroe
MOTION CARRIED Unanimous
6. Contract No. 95 -58 Kodiak Island Hospital CONTRACT
and Care Center Administration Building NO. 95 -58
Relocation.
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Page 200
HEINRICHS,
seconded by McFARLAND
Mayor Selby said there was a safety concern in that
the building was located under the new structural
steel addition of the hospital. He also noted the
need to run new sanitary sewer lines at the location.'
When Assemblymember Heinrichs asked about moving the
building to the Salonie Creek Rifle Range, Mayor
Selby said the building was an eleven - year -old
modular of limited quality that would be a major
maintenance problem if moved that far.
In response to Assemblymember Burt, Mayor Selby said
the contract was part of the hospital contract.
VOTE ON MOTION TO AWARD
Ayes:
Noes:
Absent:
MOTION CARRIED
STEVENS,
seconded by HEINRICHS
moved to award Contract
No. 95 -58 with Bryant
Contractors of
Anchorage in an amount
not to exceed $5,500
and ownership of Kodiak
Island Hospital & Care
Center administration
building at the end of
approximately one year.
McFarland, Stevens,
Burt, Hancock,
Heinrichs, Milligan
None
Monroe
Unanimous
7. Contract No. 95 -59 Kodiak Island Borough CONTRACT
Historical Documents Deacidification and NO. 95 -59
Preservation. (Original Ordinances,
Resolutions, Assembly Minutes, Board of
Equalization Minutes, and Planning and
Zoning Commission Minutes)
moved to award Contract
No. 95 -59 to Brown's
River Records
Preservation Services
of Essex, Vermont in an
amount not to exceed
$17,000.
Assemblymember Stevens viewed the documents and
agreed that assembly minutes were historically
Regular Assembly Meeting
September 21, 1995
Volume XX
Page 201
important and deacidification was justified. He
considered removing the Planning and Zoning
Commission and Board of Equalization minutes from the
contract.
When Assemblymember Burt asked about microfilming,
Assemblymember Stevens said it was significant that
the signed original documents would be preserved.
Assemblymember McFarland asked for clarification.
Clerk Smith said the Planning and Zoning Commission
was mandated by state statutes and the Board of
Equalization was also mandated and met as a quasi -
judicial board and minutes of those meetings were of
historical value. She noted that the minutes could
be included in a future contract.
Assemblymember Heinrichs was of the opinion that
minutes restoration should be a budgeted item in the
next budget.
HEINRICHS,
seconded by STEVENS
VOTE ON MOTION TO AMEND
Ayes:
Noes: None
Absent: Monroe
MOTION CARRIED Unanimous
VOTE ON MOTION TO AWARD AS AMENDED
Ayes:
Noes: None
Absent: Monroe
MOTION CARRIED Unanimous
Regular Assembly Meeting
September 21, 1995
moved to amend Contract
No. 95 -59 by limiting
the restoration to
ordinances and
resolutions in an
amount not to exceed
$7,200.
Stevens, Burt, Hancock,
Heinrichs, McFarland,
Stevens
Burt, Hancock,
Heinrichs, McFarland,
Stevens, Milligan
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Page 202
B. RESOLUTIONS
None.
C. ORDINANCES FOR INTRODUCTION
1. Ordinance No. 95 -13 Amending Title 16
Subdivision Chapter 16.70 Improvements to
Reflect Amendments to Section 16.70.010C
Prerequisites to Improvement Construction
and Inspection.
Presented for consideration was Ordinance No. 95 -13
that, if adopted, amended Title 16 to allow a
professional engineer to conduct routine inspections
of improvements to subdivisions.
HEINRICHS,
seconded by STEVENS
Assemblymember McFarland wanted staff discussion in
memo form for the packet.
VOTE ON MOTION TO ADVANCE
Ayes:
Noes:
Absent:
MOTION CARRIED
D. OTHER ITEMS
STEVENS,
seconded by McFARLAND
moved to advance
Ordinance No. 95 -13 to
public hearing on
October 5, 1995.
Hancock, Heinrichs,
McFarland, Stevens,
Burt, Milligan
None
Monroe
Unanimous
1. Kodiak Island Hospital and Care Center
Phases II and III 95% Drawings.
moved to approve the
Kodiak Island Hospital
and Care Center Phases
II and III 95%
drawings.
Mayor Selby said the drawings were reviewed by
Prochaska and Associates and the Architectural Review
Board and approval was recommended.
In response to Assemblymember Burt, Mayor Selby said
the drawings were for phase II and part of phase III.
Regular Assembly Meeting
September 21, 1995
RESOLUTIONS
ORDINANCES FOR
INTRODUCTION
ORDINANCE
NO. 95 -13
OTHER ITEMS
KIH 95% DRAWINGS
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Page 203
He noted that Governor Knowles said he would assist
in finding $3 million to complete phase III. He
further outlined that phase II was for installation
of siding and completion of the ground floor of the
new wing, phase III completed the bed deck in the new
wing and phase IV renovated the existing facility.
BURT,
seconded by HANCOCK
Mayor Selby said the wording should be included in
the motion because the drawings were specific to the
facility.
When Assemblymember Burt said he was concerned about
approving something that was not funded, Mayor Selby
clarified that the Assembly was approving the
drawings and architectural work specific to the
facility.
It was related that Assemblymember Burt was referring
to the summary statement and not the actual motion.
Assemblymember Burt withdrew his motion with the
concurrence of the second.
McFARLAND,
seconded by BURT
VOTE ON MOTION TO AMEND
Ayes:
Noes: None
Absent: Monroe
MOTION CARRIED Unanimous
VOTE ON MOTION TO APPROVE AS AMENDED
Ayes:
Regular Assembly Meeting
September 21, 1995
moved to approve the
95% drawings and delete
the words: "Kodiak
Island Hospital and
Care Center Phases II
and III ".
moved to amend to
include recommendations
of the Architectural
Review Board and the
Assembly during work
session.
Heinrichs, McFarland,
Stevens, Burt, Hancock,
Milligan
McFarland, Stevens,
Burt, Hancock,
Heinrichs, Milligan
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Page 204
Noes: None
Absent: Monroe
MOTION CARRIED Unanimous
2. Polling Site and Election Worker
Assignments.
HEINRICHS,
seconded by STEVENS
moved to approve the
polling site and
election worker
assignments for the
October 3, 1995
municipal election.
Mayor Selby thanked Clerk Smith for recruiting
workers who contributed to good government. He noted
that many workers served for many years and
appreciated their efforts.
Clerk Smith agreed noting that some of the boards had
completely changed. She appreciated the village
clerks for recruiting workers.
INFORMATIONAL MATERIALS (No action required)
A. MINUTES OF OTHER MEETINGS
1. Personnel Advisory Board Meeting of August
23, 1995.
B. REPORTS
None.
C. OTHER
None.
CITIZENS' COMMENTS
Woody Koning said the hospital project had a new
system of bidding in that the 95% drawings went out
for bid and the design was dynamic with everyone
involved and the architect responded to concerns. He
said the Board was happy with the management firm
because they worked to alleviate problems.
ASSEMBLYMEMBER COMMENTS
Assemblymember Hancock noted this was the second
meeting in a row without invocation and asked the
Clerk to explore resources.
Regular Assembly Meeting
September 21, 1995
POLLING SIDE AND
ELECTION WORKER
ASSIGNMENT
INFORMATIONAL
MATERIALS
MINUTES OF OTHER
MEETINGS
CITIZENS'
COMMENTS
ASSEMBLYMEMBER
COMMENTS
Volume XX
Page 205
Assemblymember Heinrichs thanked City administrative
staff for providing support to the Wastewater
Treatment Plant Task Force and for providing figures
in a timely manner. He thanked the Mayor and the
Borough and City clerks and deputy clerks. He felt
there was candid discussion about how the system
worked that led to a productive outcome.
Deputy Presiding Officer Milligan appreciated Jack
McDonald, retiring Kodiak police chief, as an asset
to the community. He remarked on the picture of
Assemblymember Monroe baling out her boat in a dress
that was featured on the front page of the newspaper.
He encouraged people to vote at the October 3
municipal election.
Deputy Presiding Officer Milligan announced the
Assembly would meeting in an joint assembly /council
work session on Tuesday, September 26 at 7:30 p.m. in
the school district conference room; a work session
on Thursday, September 29 at 7:30 p.m. in the borough
conference room; and a regular meeting on Thursday,
October 5 at 7:30 p.m. in the assembly chambers.
He announced the regular municipal election was
October 3 and absentee voting in person was available
in the clerk's office, room 123 of the Borough
building, from 8:00 a.m. to 5:00 p.m., Monday through
Friday.
BURT, 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 9:29 p.m.
ATTEST:
1-'07> Y L ,�Jv�)-sx4i, c/OC:
Donna F. Smut , CMC
Borough Clerk
Approved: 10/19/85
Regular Assembly Meeting
September 21, 1995
Mary A. nroe
Presiding Officer
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