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1996-02-15 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting February 15, 1996 A regular meeting of the Kodiak Island Borough Assembly was held February 15, 1996 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 Pastor Earl Clark of the Community Baptist Church, followed by the Pledge of Allegiance. There were present: Gary Stevens, Presiding John Burt Suzanne Hancock Robin Heinrichs Bob Johnson Jack McFarland Mike Milligan comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC, Clerk Judi Nielsen, Deputy Clerk APPROVAL OF AGENDA HEINRICHS, moved to approve seconded by MILLIGAN the agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES HEINRICHS, seconded by McFARLAND VOTE ON MOTION TO APPROVE Regular Assembly Meeting February 15, 1996 Unanimous voice vote A. K.I.B. Assembly Meetings of January 18 and February 1, 1996. moved to approve the minutes of January 18 and February 1, 1996. MOTION CARRIED Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XXI Page 46 AWARDS AND PRESENTATIONS A. Student of the Month Mayor Jerome Selby presented the Student of the Month Award to Derik Larionoff, a junior at Old Harbor School and Albert Simeonoff, a ninth grader at Akhiok School. B. Proclamation Mayor Selby proclaimed March 1996 Women's History Month, urging all residents to increase their knowledge and appreciation of the role women play in our lives. Kathryn Martin of the Kodiak Women's Resource and Crisis Center accepted the proclamation. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Dr. Robert Otto, National Marine Fisheries Service facilities director, said their current facility was old and had code violations. He said the Near island Research Facility (NIRF) was a major facility where fisheries would be researched and provide educational opportunities. He said research was primarily on early sea life history to estimate future abundance and aquaculture needs. He noted that Kodiak's fishing fleet was concerned about research. He said staff numbers were down and five new employees would be hired to work in the sea water lab. Virginia Adams, Kodiak Setnetters Association representative, telephoned and read her letter of support for the NIRF as a benefit to the community. She felt research would produce information that was imperative to a healthy economy. She said setnetters were concerned about marine mammal issues. Scott Smiley, FITC director, spoke of the need to protect the ecological system in the gulf. Pete Probasco, Alaska Department of Fish and Game Westward Regional supervisor, spoke in support of the NIRF. He explained the benefits of having agencies with both common goals and different goals under one roof. He stated they had outgrown their facility. Chris Blackburn, Alaska Groundfish Data Bank representative, spoke in support of the NIRF. She said the NIRF facilitation scientific study and discouraged other agencies from relocating. Regular Assembly Meeting February 15, 1996 AWARDS AND PRESENTATIO' EMPLOYEE OF THE MONTH PROCLAMATION CITIZENS' COMMENTS Volume XXI Page 47 ,Tohn Pfeiffer, Chamber of Commerce economic development specialist, urged support of the NIRF contract. He thought the funding package was innovative in that it involved grant funds, Exxon Valdez oil spill funds, and revenue bonds. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS 1. RCAC Risk Assessment for Oil Tanker Traffic Presentation. Mayor Selby introduced Mark Hutton, Prince William Sound Risk Assessment project coordinator. Mr. Hutton spoke to reducing risks in Prince William Sound (PWS) with oil tanker transportation. He said the project was unique and the project committee worked to predict major hazards that included collision, grounding, fire, and explosion. He left copies of the PWS Risk Assessment and encouraged public input. In response to Assemblymember Milligan, Mr. Hutton said the study was currently limited to Prince William Sound. He added that the study also dealt with single tankers and single source. 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. 96 -02 Amending Kodiak Island ORDINANCE Borough Code of Ordinances Title 2 NO. 96 -02 Administration and Personnel Chapter 2.20 Borough Mayor by Adding Section 2.20.25 Compensation. Presented for consideration was Ordinance No. 96 -02 that, if adopted, set the compensation for a newly - elected first -term borough mayor at $60,000 per year. JOHNSON, moved to adopt seconded by HEINRICHS Ordinance No. 96 -02. Mayor Selby said this was a housekeeping measure to specify the starting salary for a new mayor. Regular Assembly Meeting February 15, 1996 Volume XXI Page 48 Presiding Officer Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. In response to Assemblymember Burt, Mayor Selby said a new, first -time mayor would start at $60,000 and salary increases would be part of the budget process. VOTE ON MOTION TO ADOPT Ayes: Noes: None Burt, Hancock, Heinrichs, Johnson, McFarland, Milligan, Stevens MOTION CARRIED Unanimous B. Ordinance No. 96 -03 Providing for the Submission ORDINANCE to the Qualified Voters of Service District NO. 96 -03 No. 1 the Question of Withdrawing Water and Sewer Powers from Service District No. 1, Within the Kodiak Island Borough, at a Special By -Mail Election in and for Service District No. 1, Within the Kodiak island Borough, on June 4, 1996, and Transferring Water and Sewer Improvements to the City of Kodiak. Presented for consideration was Ordinance No. 96 -03 that, if adopted, placed a question on the ballot to withdraw sewer and water powers from Service District No. 1 and to allow the Borough and City to enter into an agreement that the City assume ownership, maintenance, and operation of existing water and sewer utilities in Service District No. 1. MILLIGAN, moved to adopt seconded by HEINRICHS Ordinance No. 96 -03. Mayor Selby said this placed the question on the ballot, and approved the agreement for transfer of sewer and water improvements if the ballot question passed. JOHNSON, moved to amend seconded by MILLIGAN Ordinance No. 96 -03 by changing the election date from June 4, 1996 to May 21, 1996. Presiding Officer Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. Regular Assembly Meeting February 15, 1996 Volume XXI Page 49 VOTE ON MOTION TO AMEND Ayes: Noes: None MOTION CARRIED Unanimous In response to Assemblymember Milligan, Mayor Selby said voters would be educated on the conditions of the agreement and what the vote meant. He added that by -mail elections were cost - effective and generally had a higher voter response. At further questions, Clerk Smith said Borough Code required that ballots be mailed 22 days prior to the election and voted ballots would be accepted up to seven days after the election, if postmarked no later than the day of the election. She thought voters would have a greater opportunity to vote. At Assemblymember Burt's inquiry, Clerk Smith said people had to be registered to vote in Service District No. 1 at least 30 days prior to the election. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: None MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR Regular Assembly Meeting February 15, 1996 Hancock, Heinrichs, Johnson, McFarland, Milligan, Burt, Stevens Heinrichs, Johnson, McFarland, Milligan, Burt, Hancock, Stevens Mayor Selby thanked Governor Knowles for Kodiak projects that were part of the capital budget. He said the wastewater treatment plant, Kodiak Island Hospital, Peterson Elementary School, NIRF, Ouzinkie power station and breakwater, and Port Lions water dam replacement were moved on to the legislature. He felt it was a good start for the legislative process, He expressed concern for municipal assistance and revenue sharing funds. He said that since 1985, the state shifted $209 million in tax responsibility from state to municipal government. He said $54 million would be transferred to the education fund. MESSAGES FROM MAYOR Volume XXI Page 50 He thanked the City for transferring the lot at the landfill from the City to the Borough that allowed additional metals program work. He said it was a show of spirit and community cooperation that the lot was transferred at no cost. He reported that Brad Gilman, lobbyist, had an excellent working relationship with Senator Stevens' staff. He said that due to Mr. Gilman's efforts with the Magnuson Act and IFQ's, he anticipated a three to five year moratorium. He said the impact of IFQ's on coastal communities was included in the Magnuson Act. OLD BUSINESS None. NEW BUSINESS A. AWARDS 1. Contract No. 96 -03 Engineering Design Research Facility McFARLAND, seconded by MILLIGAN Regular Assembly Meeting February 15, 1996 Architectural/ of the Near Island (NIRF). moved to award Contract No. 96 -03 to ECI /Hyer Inc. of Anchorage in an amount not to exceed $2,136,493. Mayor Selby reported that the design concept was for Phases I, II and III. He said a seawater circulating system was proposed and there was cooperation between federal and state agencies. He said the City donated the land and the Borough inherited responsibility. He outlined cost estimates for the facility with an anticipated $18 million total construction cost. He gave a synopsis of sources of funding that included a state grant, Exxon Valdez criminal settlement funds, a federal appropriation, and Shuyak Island funds. He said a $10 million revenue bond would complete the building. He said the high debt service included full building maintenance. He anticipated the $1,750,000 total operating cost to be covered by lease payments. He said an independent agency reviewed the prospectus and agreed the building would be self supporting. He said Rolly Schmitten of the National Marine Fisheries was committed to the project. He referred to other letters of support. OLD BUSINESS NEW BUSINESS AWARDS Contract No. 96 -03 Volume XxI Page 51 At the request of Presiding Officer Stevens, Clerk Smith read the names of those who corresponded about the facility. Assemblymember Johnson noted that all the letters were in support. Assemblymember McFarland thanked Mayor Selby for bringing information to the Assembly. In response to Assemblymember McFarland, Mayor Selby said the $3 million could not be transferred to the Borough until after the facility was designed and constructed but he anticipated release of the funds soon. Assemblymember McFarland wanted a $6 million cushion. Assemblymember Milligan was convinced that if the Borough did not build the facility, it would not be built. He thanked Chris Blackburn and others who championed the project. In response to Assemblymember Burt, Mayor Selby said the University had control over the six -unit apartment. He said the Borough would maintain the building but the lease would be written so that the University determined who would use the facility. Assemblymember Hancock agreed that it was a wonderful project but she did not feel it was in the purview of the Borough to be a landlord. She contended that the Borough had many ongoing projects. At Assemblymember Heinrichs' inquiry, Mayor Selby said the $1 million liability insurance policy would be increased. When Assemblymember Heinrichs noted that the special seawater studies were excluded from contract, Mayor Selby said the studies would be needed at a later date. Assemblymember Heinrichs contended that sea water study was crucial. In response to Assemblymember Heinrichs, Mayor Selby said Bud Cassidy, Borough resource management officer, was an expert on wetland issues and would obtain the Corps permits. VOTE ON MOTION TO AWARD Ayes: Regular Assembly Meeting February 15, 1996 Johnson, McFarland, Milligan, Burt, Heinrichs, Stevens Volume XXI Page 52 Noes: MOTION CARRIED B. RESOLUTIONS Hancock 6 Ayes, 1 No 1. Resolution No. 96 -05 Authorizing An Expenditure to the North Pacific Universities Marine Research Consortium for Continued Marine Mammal Research in the North Pacific Ocean and Eastern Bering Sea. Presented for consideration was Resolution No. 96 -05 that, if adopted, authorized a $5,000 expenditure to the North Pacific Marine Science Foundation for use by the North Pacific Universities Marine Mammal Research Consortium for continued marine mammal research in the North Pacific Ocean and Bering Sea. MILLIGAN, moved to adopt seconded by HEINRICHS Resolution No. 96 -05 Mayor Selby said that if Stellar sea lions were placed on the endangered species list, the fishing industry would be impacted. He said the Borough contributed $5,000 last year toward the five -year project and he felt the expenditure was worthwhile. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS McFarland, Milligan, Burt, Hancock, Heinrichs, Johnson, Stevens 1. Mental Health Center Advisory Board Appointment. MILLIGAN, moved to appoint by seconded by McFARLAND secret ballot. Assemblymember Johnson felt that voting by secret ballot was a courtesy to the candidates. Regular Assembly Meeting February 15, 1996 RESOLUTIONS RESOLUTION NO. 96 -05 ORDINANCES FOR INTRODUCTION OTHER ITEMS MENTAL HEALTH CENTER ADVISORY BOARD APPOINTMENT Volume }OQ Page 53 VOTE ON MOTION Ayes: Noes: None Milligan, Burt, Hancock, Heinrichs, Johnson, McFarland, Stevens MOTION CARRIED Unanimous After calculation of the secret ballots, Clerk Smith announced that John Houser III received the required four votes. JOHNSON, seconded by McFARLAND VOTE ON MOTION TO APPOINT Ayes: Noes: None MOTION CARRIED Unanimous MILLIGAN, seconded by McFARLAND Regular Assembly Meeting February 15, 1996 moved to appoint John Houser III to a seat on the Mental Health Center Advisory Board to expire December, 1998. Burt, Hancock, Heinrichs, Johnson, McFarland, Milligan, Stevens 2. Vacation of a Twenty Foot (20') Wide Utility Easement Centered Along the Common Lot Line Between Lots 3 and 6, Block 9, Miller Point Alaska Subdivision, 1st Addition. (3433 Anton Way and 879 Mallard Way) moved to approve the vacation of a twenty foot wide utility easement (as indicated on the preliminary plat dated September 21, 1995) centered along the common lot line between Lots 3 and 6, Block 9, Miller Point Alaska Subdivision, 1st addition. (3433 Anton Way and 879 Mallard Way) VACATION Volume XXI Page 54 Mayor Selby said vacation of the utility easement allowed two lots to be replatted into five lots. There was no discussion by the Assembly. VOTE ON MOTION Ayes: Hancock, Heinrichs, Johnson, McFarland, Milligan, Burt, Stevens Noes: None MOTION CARRIED Unanimous INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular Meeting of December 20, 1995. B. REPORTS REPORTS 1. Engineering /Facilities Department February 1996 Status Report. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Presiding Officer Stevens announced that the Assembly would meet in a joint Assembly /Council work session on Tuesday, February 20, at 7:30 p.m. in the Kodiak High School commons followed by a special meeting in the borough conference room; and a regular work session on Thursday, February 29 at 7:30 p.m. in the borough conference room, and regular meeting on Thursday, May 2 at 7:30 p.m. in the chambers. Assemblymember Milligan noted that the gossip column was dropped from the Anchorage Daily News. He read an article in the Smithsonian Air and Space magazine celebrating 100 years of human flight that listed the C130 was one of the first planes to be constructed. He wished everyone a happy Valentine's day. Regular Assembly Meeting February 15, 1996 INFORMATIONAL MATERIALS OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXI Page 55 Assemblymember Burt felt the NIRF was important but agreed with Assemblymember Hancock's statement that the Borough should not be a landlord. Assemblymember McFarland congratulated the students of the month. He noted that Charlene Parent passed away. He said her program "My Green Earth" put Kodiak on the map and she was an asset the community would miss. He sent condolences to her family. Assemblymember Johnson congratulated the students of the month. He felt the work and coordination to make the NIRF happen was amazing. He complimented Borough staff and all who worked on the project. Assemblymember Hancock said she spoke with Charlene Parent at Christmas and she was always joyful and optimistic. She remembered Dora Aga as a great woman in history. She felt fortunate to know women who were assets to the community. Assemblymember Heinrichs noted the passing of Jim Nixon. He remembered Mr. Nixon as a hard worker and familiar face around Kodiak. Presiding Officer Stevens sent a special thanks to the City Council and City Manager Bill Jones for the increased cooperation between the Borough and City. 15. EXECUTIVE SESSION McFARLAND, seconded by HEINRICHS 1. MarkAir Building Acquisition Negotiation Financial Impact. 2. Collective Bargaining Agreement. In response to Assemblymember Johnson, Presiding Officer Stevens said the executive session was to discuss matters of confidential concern to the well being of the borough. VOTE ON MOTION TO CONVENE Ayes: Noes: MOTION CARRIED Regular Assembly Meeting February 15, 1996 moved to convene into executive session to discuss: Heinrichs, Johnson, McFarland, Milligan, Burt, Hancock, Stevens None Unanimous EXECUTIVE SESSION Volume XXI Page 56 Presiding Officer Stevens announced that no action was anticipated as a result of the executive session. At 9:50 p.m. Presiding Officer Stevens recessed the regular meeting and convened the executive session. At 10:50 p.m. Presiding Officer Stevens reconvened the regular meeting. BURT moved to adjourn. 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 10:51( 1 ATTEST: 1 'CP)7A , CA i 1 e-ii Donna F. Smith, CMC Borough Clerk Approved: 03/21/96 Regular Assembly Meeting February 15, 1996 Gar Pre S =ve -- ding Officer ADJOURNMENT Volume XXI Page 57