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1996-05-16 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting May 16, 1996 A regular meeting of the Kodiak Island Borough Assembly was held May 16, 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 Father Paul Smith of St. James the Fisherman Episcopal Church, followed by the Pledge of Allegiance. There were present: Robin Heinrichs, Presiding John Burt Suzanne Hancock Bob Johnson Jack McFarland Mike Milligan absent: Gary Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Judi Nielsen, Deputy Clerk Jane Edmonds, Records Manager Assemblymember Stevens was out on business and asked to be excused. MILLIGAN, moved to excuse seconded by McFARLAND Assemblymember Stevens. VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OF AGENDA MILLIGAN, seconded by McFARLAND VOTE ON NOTION TO APPROVE MOTION CARRIED Regular Assembly Meeting May 16, 1996 Unanimous voice vote moved to approve the agenda. Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA Volume XXI Page 121 APPROVAL OP MINUTES APPROVAL OF MINUTES A. K.I.B. Assembly Regular Meetings of April 23 and May 2, and Special Meeting of April 30, 1996. JOHNSON, seconded by MILLIGAN VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS A. Student of the Month moved to approve the regular meeting minutes of April 23 and May 2, and special meeting of minutes of April 30, 1996. Unanimous voice vote Mayor Jerome Selby presented the Student of the Month Award to Tavis Davidson, a junior at Kodiak High School. B. Proclamation Mayor Jerome Selby proclaimed May 26, 1996 Fishermen's Memorial Day, urging the Kodiak community to extend condolences to the families and friends of all our fishermen and women who have lost their lives at sea and to wish the entire commercial fishing fleet a safe and prosperous season. Colleen Newman, Barbara Burch and Lacey Berns, Fishermen's Wives Club members, accepted the proclamation. They thanked the Assembly and Mayor Selby for creating a special day that was important to fishermen and women and their families. CITIZENS• COMMENTS A. Agenda Items Not Scheduled For Public Hearing Gilbert Moran opposed any property tax increase, the Rocket Launch Complex, and adding fluoride to the water system. He wanted more information and a prevention plan. 8. Items Other Than Those Appearing on the Agenda Randy Blnndin, owner of Blondin and Sons Excavating, warned the Assembly of mistakes made during the remodel of Peterson Elementary and the subsequent lawsuit between the Borough and MKB Construction. He Regular Assembly Meeting May 16, 1996 AWARDS AND PRESENTATIONS STUDENT OF THE MONTH PROCLAMATION CITIZENS' COMMENTS Volume XXI Page 122 and other local sub - contractors had not received payment. He felt taxpayers would lose money in court costs and attorney fees. He said the court date was rapidly approaching and he asked to speak at a work session. Deputy Presiding Officer Heinrichs said the Assembly had been briefed by the Mayor. He encouraged Mr. Blondin to attend a work session. John Pfeifer, Kodiak Chamber of Commerce Economic Development Specialist, urged the Assembly to adopt Resolution No. 96 -14 that supported the Rocket Launch Complex. He said many people spoke in support at the , public comments meeting. He saw no need for an Environmental Impact Statement (EIS). Rae Jean RlFshka wanted professionals to make decisions about the Complex based on the EIS. Ka y_opez opposed Resolution No. 96 -14 as written and suggested amendments. She felt the EIS process was created to protect the environment and taxpayers. Mike Sirofchuck felt that the few people who spoke in favor of the Complex at the public comments meeting were not representative of the public concern. He wanted environmental concerns to be addressed by the majority. Katheryn Kinnear was concerned for fishermen. She contended that the Borough had no expertise. Arian Himelbloom, Fisheries Industrial Technology Center professor, voiced his concerns about paralytic shellfish poisoning. He said most poisonings occurred during May, June, and July and the number of cases per year had increased. He asked the Assembly to publicize information about the dangers. In response to Assemblymember Johnson, Mr. Himelbloom said the federal government currently conducted tests but he anticipated local testing in the future. The Assembly suggested placing information in the Borough newspage in various languages. Mike Waller, Airport Advisory Committee member, supported Resolution No. 96 -14. He said he had an engineering background and he studied the EA thoroughly. He did not anticipate any significant impact to the environment. Regular Assembly Meeting Volume XXI May 16, 1996 Page 123 Nary Forest felt an EIS was needed. She wanted to allow the state and federal agencies to do their job. Stacy Studebaker, Kodiak Launch Complex Advisory Committee member, contended that an EIS was needed. She said the independent University study was funded by the Alaska Aerospace Development Corporation. Richard McTntosh phoned to say he did not want to include a statement that an EIS was not needed. gathv T7 . compared the economic interest of the Borough and Chamber to a "bunch of dogs salivating for the treat ". Wayne Stevens, Kodiak Chamber of Commerce Executive Director, said the project was an opportunity for economic development in the community. He said Fairbanks built a tracking station for the Complex and it was anticipated that Kenai would be the site of the Challenger Learning Center. Mel_Stephena felt the minority was lobbying against the Complex. He spoke against any tax increase and asked the Assembly to table Resolution No. 96 -15. Ann Kalcic phoned and spoke in favor of Resolution No. 96 -14. She felt the two -mile limit protected fishing. ,Stan Ness spoke against any tax increase. He contended that many community members had pay cuts. Ken Gordon spoke against any tax increase. Kristen Gray, Mental Health Center Advisory Board chair, said the Board supported filling a second clinician vacancy at the Mental Health Center. COMMITTEE REPORTS Assemblymember Milligan reported that the Economic Development Committee met and discussed the Rocket Launch Complex, cold storage, recycling, and the addition of ten items for next year. Assemblymember Hancock announced a meeting of the Solid Waste Task Force on May 22 at 7:30 p.m. in the Borough conference room. Assemblymember Heinrichs reported that the state electrical inspector spoke at a recent meeting of the Building Code Review Committee. He encouraged those interested to attend meetings. Regular Assembly Meeting May 16, 1996 COMMITTEE REPORTS Volume XXI Page 124 Assemblymember Johnson announced the Town Meeting Steering Committee meeting on May 22 at 7 p.m. in the High School Auditorium coral pod. He said Jim and Dorothea Jewel would give a presentation. PUBLIC HEARING PUBLIC HEARING None. MESSAGES PROM THE BOROUGH MAYOR Mayor Selby distributed the final copy of the budget. He reported that the hospital management contract was being reviewed. He said there were two years left on the current contract but starting the review process early would facilitate a good decision. He wanted to advertise for members of the School District Long -Term Funding Task Force. He suggested ten members that would include one Assemblymember, four community members selected by the Assembly, one School Board member, and four community members selected by the School Board. He hoped to appoint members by June 6 with a November 1 target date for submitting findings and recommendations. He said a list of suggested tasks was being jointly developed. In response to Assemblymember Johnson, Mayor Selby said there was a change in the national trend regarding hospital management. OLD BUSINESS OLD BUSINESS None. NEW BUSINESS NEW BUSINESS A. AWARDS AWARDS 1. Contract No. 96 -10 Old Harbor School Contract Painting Project. No. 96 -10 McFARLAND, seconded by MILLIGAN Regular Assembly Meeting May 16, 1996 moved to award Contract No. 96 -10 to TNT Painting and Contracting, Inc., of Anchorage, AK in an amount not to exceed $38,600. Mayor Selby reported that three bids were received and TNT Painting and Contracting was the low bidder. MESSAGES FROM MAYOR Volume }O11 Page 125 VOTE ON MOTION TO AWARD Ayes: Burt, Hancock, Johnson, McFarland, Milligan, Heinrichs Noes: None Absent: Stevens MOTION CARRIED Unanimous 2. Contract No. 96 -11 Kodiak Island Borough Landfill Shot Rock Acquisition. JOHNSON, seconded by McFARLAND CONTRACT moved to award Contract NO. 96 -11 Contract No. 96 -11 to Brechan Enterprises, Inc. of Kodiak, AK in an amount not to exceed $84,650. Mayor Selby said the annual contract was for 26,000 cubic yards of cover rock for the landfill. VOTE ON MOTION TO AWARD Ayes: Hancock, Johnson, McFarland, Milligan, Burt, Heinrichs Noes: None Absent: Stevens MOTION CARRIED Unanimous voice vote 3. Contract No. 96 -12 Strapping Wire for Kodiak Island Borough Baler Facility. McFARLAND, seconded by MILLIGAN Mayor Selby said three quotes were received for the annual contract and U.S. Wire -Tie Systems was the low bidder. Regular Assembly Meeting May 16, 1996 moved to award Contract No. 96 -12 to U.S. Wire - Tie Systems of Chicago, Illinois in an amount not to exceed $16,532. CONTRACT NO. 96 -12 Volume ria Page 126 VOTE ON MOTION TO AWARD Ayes: Noes: Absent: MOTION CARRIED 4. Contract Computer MILLIGAN, seconded by BURT Mayor Selby said the equipment would allow archiving of documents onto CD -Roms. He said the process would save money, labor, and storage space. In response to Assemblymember McFarland, Mayor Selby said $3,000 would come from the Clerk's budget and the remaining funds would come from other department budgets. He added that documents currently stored on microfilm would be retained. Jane Edmonds, Borough records manager, said the equipment would allow the process to be done in -house and that was a cost- savings. VOTE ON MOTION TO APPROVE Ayes: Noes: Absent: MOTION CARRIED B. RESOLUTIONS 1. Resolution No. 96 -14 Supporting Construction of the Kodiak Launch Complex by the Alaska Aerospace Development Corporation. Regular Assembly Meeting May 16, 1996 Johnson, McFarland, Milligan, Burt, Hancock, Heinrichs None Stevens Unanimous No. 96 -13 to purchase Archives Imaging Equipment. moved to approve Contract No. 96 -13 in an amount not to exceed $7,864. McFarland, Milligan, Burt, Hancock, Johnson, Heinrichs None Stevens Unanimous CONTRACT NO. 96 -13 RESOLUTIONS RESOLUTION NO. 96 -14 Volume ra Page 127 Presented for consideration was Resolution No. 96 -14 that, if adopted, supported the construction of the proposed Kodiak Rocket Launch Complex at Narrow Cape. MILLIGAN, moved to adopt seconded by JOHNSON Resolution No. 96 -14. Mayor Selby said it was important for the federal government to move quickly to be cost - effective. He said that if the Environmental Assessment (EA) was adequate, then an Environmental Impact Statement (EIS) was not needed. Deputy Presiding Officer Heinrichs noted that letters were received from Leslie J. Watson, Jane Maria Eisemann, and Susan Payne and Don Dumm. Assemblymember Burt read the letter from Leslie J. Watson that opposed the Complex without an EIS. He spoke in favor of the Complex but was concerned about the need for an EIS. McFARLAND, seconded by MILLIGAN Regular Assembly Meeting May 16, 1996 moved to amend Resolution No. 96 -14 by deleting the second WHEREAS. Assemblymember McFarland appreciated the re- worded resolution but felt it was misleading to state that a majority were in favor. He questioned whether it truly was a public hearing. In response to questions raised, Mayor Selby said the public hearing was sponsored by the Borough. Assemblymember Milligan noted that the some assembly members attended the public comments meeting. Assemblymember Hancock felt the resolution would not stop the machinations of the federal government. Assemblymember Burt was in favor of the Complex but he felt the Borough should not be involved. Assemblymember McFarland was not sure that the majority was represented at the public comments meeting. Assemblymember Johnson said many would not speak at a public hearing. He thought the public comments meeting was well advertised. Volume XXI Page 128 VOTE ON MOTION TO AMEND Ayes: Noes: Absent: MOTION FAILED McFARLAND, seconded by JOHNSON Noes: Absent: MOTION CARRIED McFARLAND, seconded by MILLIGAN Regular Assembly Meeting May 16, 1996 McFarland, Burt, Heinrichs Hancock, Johnson, Milligan Stevens 3 Ayes, 3 Noes moved to amend Resolution No. 96 -14 in the third WHEREAS by deleting the words: "thereby eliminating the unnecessary waste of resources to complete an environmental impact statement if it is not necessary ". Assemblymember McFarland felt the verbiage was not needed. VOTE ON MOTION TO AMEND Ayes: Burt, Hancock, Johnson, McFarland, Milligan Heinrichs Stevens 5 Ayes, 1 No moved to amend Resolution No. 96 -14 by deleting the sixth and seventh WHEREAS. Assemblymember McFarland wanted a simple resolution. Assemblymember Milligan spoke against the amendment. Assemblymember Johnson felt it was important to include wording regarding economic benefit to the community. Assemblymember Burt felt the resolution was a waste of time. He said it was clear that the Assembly wanted the Complex. Volume XXI Page 129 Assemblymember Hancock felt the amendment made the resolution generic. VOTE ON MOTION TO AMEND Ayes: Noes: McFarland, Burt Hancock, Johnson, Milligan, Heinrichs Absent: Stevens MOTION FAILED 2 Ayes, 4 Noes JOHNSON, moved to amend seconded by McFARLAND Resolution No. 96 -14 to combine the sixth and seventh WHEREAS to read: "It is expected that the construction and operation of the facility would create direct and indirect economic benefit to the community ". When Assemblymember Hancock questioned eliminating reference to the University, Assemblymember Johnson, with the concurrence of the second, added to the beginning of the amendment the words: "an independent study by the University of Alaska's Institute of Social and Economic Research finds that" VOTE ON MOTION TO AMEND Ayes: Noes: None Absent: Stevens MOTION CARRIED Unanimous Regular Assembly Meeting May 16, 1996 Johnson, McFarland, Milligan, Burt, Hancock, Heinrichs McFARLAND, moved to amend seconded by MILLIGAN Resolution No. 96 -14 by deleting the word: "expeditiously" in Section 2 and adding Volume XXI Page 130 Assemblymember McFarland said the amendment simplified the resolution. Assemblymember Hancock did not want "expeditiously" deleted. She said the review would determine if an EIS was necessary She felt Section 3 sent a clear statement from the Borough. Assemblymember Johnson asked that the motion be split. The motion to amend by deleting the word: "expeditiously" from Section 2 and adding the words: "to determine whether an environmental impact statement is necessary" was before the Assembly. Assemblymember Hancock opposed deleting the word "expeditiously ". MILLIGAN, seconded by JOHNSON VOTE ON MOTION TO AMEND THE AMENDMENT Ayes: Noes: Burt Absent: Stevens MOTION CARRIED 5 Ayes, 1 No VOTE ON MOTION TO AMEND AS AMENDED Ayes: Noes: Absent: MOTION CARRIED Regular Assembly Meeting May 16, 1996 the words: "to determine whether an environmental impact statement is necessary" and deleting Section 3. moved to amend the amendment by replacing the word: "expeditiously" with the word: "promptly ". McFarland, Milligan, Hancock, Johnson, Stevens Milligan, Burt, Johnson, McFarland Hancock, Heinrichs Stevens 4 Ayes, 2 Noes Volume XXI Page 131 The motion to amend Resolution No. 96 -14 by deleting Section 3 was before the Assembly. VOTE ON MOTION TO AMEND Ayes: Burt, Johnson, McFarland, Milligan, Noes: Hancock, Heinrichs Absent: Stevens MOTION CARRIED 4 Ayes, 2 Noes McFARLAND, moved to amend seconded by MILLIGAN Resolution No. 96 -1 by replacing in Section 2 the words: "whether an environmental impact statement is necessary" with the words: "if a definite need for an Environmental Impact Statement is clearly indicated ". VOTE ON MOTION TO AMEND Ayes: Noes: None Absent: Stevens MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Regular Assembly Meeting May 16, 1996 Hancock, Johnson, McFarland, Milligan, Burt, Heinrichs Johnson, McFarland, Milligan, Hancock, Heinrichs Noes: Burt Absent: Stevens MOTION CARRIED 5 Ayes, 1 No 2. Resolution No. 96 -15 Requesting that Governor Knowles Veto House Bill 158 "An Act Relating to Civil Actions ". RESOLUTION NO. 96 -15 Volume XXI Page 132 Presented for consideration was Resolution No.96 -15 that, if adopted, urged Governor Knowles to veto House Bill 158 which awarded 75% of punitive damage monies to the state and not to individuals and would allow Exxon to argue during the appeal process that the 1994 punitive damage award is against public policy in Alaska. MILLIGAN, moved to adopt seconded by McFARLAND Resolution No. 96 -15. Mayor Selby said the Borough's legal counsel thoroughly reviewed the Bill and recommended the resolution. He said guidelines for establishing limits on civil damage claims was not part of the legislation. He noted the Bill was not true tort reform because punitive damage funds were paid to the State of Alaska. He said there were many Kodiak citizens that potentially would receive funds from the Exxon settlement. Assemblymember Burt questioned whether the Borough should be involved. He was concerned about crossing the legislature. Assemblymembers Johnson and Hancock mirrored Assemblymember Burt's concern Assemblymember Milligan said the $250 million Exxon settlement was important to fishermen. He supported the resolution. Assemblymember McFarland supported the resolution because it defined the intent to not allow a major corporation to circumvent an obligation. Assemblymember Johnson had mixed feelings. He did not want to be presumptuous by recommending the Governor veto legislation. Assemblymember Hancock said the Borough would not have concerns if the Exxon settlement was not pending. Assemblymember Burt wanted the resolution tabled. He thought the actions of the Assembly would not impact the Governor's decision. At the request of the Assembly, Mayor Selby explained that the Bill would send a message to the appeals court that large punitive damage awards were not supported, and therefore, the judge should set aside the $5 million Exxon punitive damage award. Regular Assembly Meeting May 16, 1996 Volume XXI Page 133 VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED McFarland, Milligan, Hancock, Johnson, Heinrichs Burt Stevens 5 Ayes, 1 No After a ten minute recess at 9:55 p.m., Deputy Presiding Officer Heinrichs reconvened the regular meeting. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 96 -10 Levying Taxes on all Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 1996 and Ending on the Thirtieth Day of June 1997. (1997 Fiscal Year Budget). Presented for consideration was Ordinance No. 96 -10 that, if adopted, set the fiscal year 1997 tax levy. HANCOCK, seconded by MILLIGAN Regular Assembly Meeting May 16, 1996 moved to advance Ordinance No. 96 -10 to public hearing on June 6, 1996. Mayor Selby narrated the Fiscal Year 1997 Budget with a computerized slide presentation. He anticipated a fund balance of 20 million dollars at the end of FY 97. He said the total budget of $98,365,863 included a double count of $6 million, $5 million of which was a transfer from the general fund to the School District budget and $1 million transferred from the general fund to the debt service fund. He presented costs to fulfill the Assembly's goals and objectives. In response to Assemblymember McFarland, Mayor Selby said it was significant that the budget was balanced with $809,000 of fund balance. He noted that municipal assistance and revenue sharing had been cut eight to fifteen percent for the past eight years. ORDINANCES FOR INTRODUCTION ORDINANCE NO. 96 -10 Volume XXI Page 134 In response to Assemblymember Milligan, Mayor Selby gave a breakdown of the school district budget. He noted that education was the largest thing in the budget. The Assembly asked that the complete budget document be placed at the Holmes Johnson Library and the Kodiak College Library. VOTE ON MOTION TO ADVANCE Ayes: Noes: None Absent: Stevens MOTION CARRIED Unanimous D. OTHER ITEMS None. INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS 1. Mental Health Center Advisory Board Regular Meeting of January 22 and Work Sessions of February 26 and March 12, 1996. 2. Mental Health Center Advisory Board Budget and Program Committee Work Session of February 13, 1996. 3. Solid Waste Task Force Used Oil Subcommittee Meeting of April 9, 1996. 4. Airport Advisory Committee Regular Meeting of November 27, 1995. B. REPORTS 1. Engineering /Facilities Department March and April 1996 Project Update. C. OTHER Milligan, Burt, Hancock, Johnson, McFarland, Heinrichs 1. KIB School District Board of Education April 29, 1996 Regular Meeting and May 6, 1996 Special Meeting Summaries. Regular Assembly Meeting May 16, 1996 OTHER ITEMS INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER Volume X70 Page 135 CITIZENS' COMMENTS Wayne Stevens thanked the Assembly for supporting Resolution No. 96 -14. He listed projects in the community that included the Kodiak Outdoor Theater Corporation, cold storage feasibility study, public transportation, and regional airport. He expressed concern that the Alaska Marine Highway System reduced trips to Kodiak from four days per week to four days per month. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Milligan was concerned for the global community. He felt the rocket launch facility would benefit the fishing community. He complimented Mayor Selby and staff for the budget presentation. Assemblymember McFarland asked Mayor Selby to prepare options to maintain level funding. Assemblymember Hancock appreciated the budget document as it related to the Assembly's goals and objectives. She did not want a mil increase. Deputy Presiding Office Heinrichs congratulated Tavis Davidson as Student of the Month. He appreciated the Fishermen's Memorial Day proclamation. Deputy Presiding Office Heinrichs announced the assembly would meet in work session on Thursday, May 30 at 7:30 p.a. in the borough conference room and a regular meeting on Thursday, June 6 at 7:30 p.m. in the assembly chambers. 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 11:00 p.m. G ry tevens esiding Officer r tat i Do nna F. Smith,.CMC /AAE Borough Clerk Regular Assembly Meeting May 16, 1996 Approved: 06/06/96 LEP CITIZENS' COMMENTS ADJOURNMENT Volume XXI Page 136