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1996-07-18 Regular MeetingKODIAR ISLAND BOROUGH Regular Assembly Meeting July 18, 1996 A regular meeting of the Kodiak Island Borough Assembly was held July 18, 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: ROLL CALL Gary Stevens, Presiding John Burt Suzanne Hancock Robin Heinrichs Bob Johnson Mike Milligan absent: Jack McFarland comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC /AAE, Clerk Judi Nielsen, Deputy Clerk Linda Freed, Community Development Director Steve Hobgood, Engineering /Facilities Director Assemblymember McFarland was absent and asked to be excused. HEINRICHS, seconded by MILLIGAN Regular Assembly Meeting July 18, 1996 moved to excuse Assemblymember McFarland. VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote APPROVAL OF AGENDA MILLIGAN, moved to approve seconded by HEINRICHS the agenda. VOTE ON MOTION TO APPROVE Ayes: Burt, Hancock, Heinrichs, Johnson, Milligan, Stevens REGULAR MEETING APPROVAL OF AGENDA Volume XXL Page 188 Noes: Absent: MOTION CARRIED APPROVAL OF MINUTES A. Kodiak Island Borough of June 20 and July 2 MILLIGAN, seconded by HEINRICHS None McFarland Unanimous Regular Assembly Meetings , 1996. moved to approve the regular meeting minutes of June 20 and July 2, 1996. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS Assemblymember Burt attended a meeting of the Planning and Zoning Commission. He reported that the Commission was close to summation on non - conforming use on some properties. He added that the Commission would review the foreclosed Uyak land. Assemblymember Johnson reported good attendance at the Town Meeting Steering Committee meeting. He said he was appointed chair and City of Kodiak Mayor Carolyn Floyd was appointed co- chair. PUBLIC BEARING None. Regular Assembly Meeting July 18, 1996 APPROVAL OF MINUTES AWARDS AND PRESENTATIONS CITIZENS' COMMENTS COMMITTEE REPORTS PUBLIC HEARING Volume XXI Page 189 MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby informed the Assembly that the Japanese Delegation of World Peace placed peace poles in front of the Borough and City offices. He said the Delegation hoped to place peace poles in all countries and Alaska currently had 19. He emphasized that world peace was a noble and attainable goal for all people of the earth. He urged residents to strive for peace on a daily basis in our homes. He was pleased that the Delegation was in Kodiak and wished them well. He reported that the Magnuson Act would go to the floor of the Senate. He said they were unable to reach an agreement for closure in the Senate to end debate. He noted that a test of whether 60 people would sign to limit debate would determine if the act would move before the August recess. He said the Oil Pollution Act of 1990 amendment to remove liability from entities such as air taxis was in conference committee. He noted the House and Senate versions were not far apart. He said it was included in the Coast Guard Reauthorization Bill. He hoped community members were enjoying the good weather and that fishermen had a prosperous summer. OLD BUSINESS None. NEW BUSINESS A. AWARDS 1. Contract No. 96 -35 Woodland Acres Neighborhood Park Construction. MILLIGAN, seconded by HEINRICHS Regular Assembly Meeting July 18, 1996 moved to award Contract No. 96 -35 to A -K Construction of Kodiak in the amount of $25,560 for the Base Bid and Alternatives 1 and 2. Mayor Selby said Mike Anderson donated the land and the agreement was to develop the park within five years. He noted that the Assembly previously approved the purchase of the equipment. He said A -K Construction was the low bidder of the two bids received. OLD BUSINESS NEW BUSINESS AWARDS CONTRACT NO. 96 -35 Volume )al L Page 190 VOTE ON MOTION TO AWARD Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous 2. Contract No. 96 -36 Main Elementary School CONTRACT Exterior Stairs. NO. 96 -36 JOHNSON, seconded by HEINRICHS VOTE ON MOTION TO AWARD Ayes: HEINRICHS, seconded by MILLIGAN Regular Assembly Meeting July 18, 1996 Hancock, Heinrichs, Johnson, Milligan, Burt, Stevens moved to award Contract No. 96 -36 to Brechan Enterprises, Inc. of Kodiak in an amount not to exceed $17,775. Mayor Selby informed the Assembly that the Department of Conservation determined that the area behind Main Elementary School was too steep and stairs were needed. He said this was the second round of bidding and that storm drain work was added to the contract. He noted that three bids were received. In response to Assemblymember Burt, Mayor Selby said funds would be moved from another capital project to cover the contract price. Heinrichs, Johnson, Milligan, Burt, Hancock, Stevens Noes: None Absent: McFarland MOTION CARRIED Unanimous 3. Contract No. 96 -37 Road Sign Project. moved to award Contract No. 96 -37 to Brechan Enterprises in the amount not to exceed $12,204. CONTRACT NO. 96 -37 Volume XXI Page 191 Mayor Selby said this was an ongoing effort to ensure that road signs were up so drivers would have direction. He noted the signs were critical to emergency services delivery. He said Brechan Enterprises, Inc. was the lowest of three bids received. VOTE ON MOTION TO AWARD Ayes: VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous Regular Assembly Meeting July 18, 1996 Johnson, Milligan, Burt, Hancock, Heinrichs, Stevens Noes: None. Absent: McFarland MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 96 -18 Accepting the Fiscal RESOLUTION Year 1997 Municipal Capital Project NO. 96 -18 Matching Grant. (Peterson Elementary School Addition Design and Construction) Presented for consideration was Resolution No. 96 -18 that, if adopted, accepted $141,603 from the State of Alaska Municipal Capital Project Matching Grant Program for Peterson Elementary School. MILLIGAN, moved to adopt seconded by HEINRICHS Resolution No. 96 -18. Mayor Selby said the $70,000 was approved by the legislature and this was a housekeeping resolution required by the state to issue the funds. Milligan, Burt, Hancock, Heinrichs, Johnson, Stevens Volume XXI Page 192 Ayes: 2. Resolution No. 96 -19 Implementing a RESOLUTION Grievance Procedure in Accordance with NO. 96 -19 Title II of the Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973 (Rescinding Resolution No. 84- 53 -R). Presented for consideration was Resolution No. 96 -19 that, if adopted, rescinded Resolution No. 84 -53 -R and adopted the Americans with Disabilities and Rehabilitation Act of 1973 grievance procedure. HEINRICHS. moved to adopt seconded by MILLIGAN Resolution No. 96 -19. Mayor Selby said this adopted a policy that allowed individuals to file a grievance if they had difficulty accessing the Borough Building. He hoped any individual with a concern would contact the Borough prior to filing a grievance. VOTE ON MOTION TO ADOPT Noes: None Absent: McFarland MOTION CARRIED Unanimous Regular Assembly Meeting July 18, 1996 Burt, Hancock, Heinrichs, Johnson, Milligan, Stevens 3. Resolution No. 96 -20 Requesting Municipal RESOLUTION Assistance Funding From the State of NO. 96 -20 Alaska. Presented for consideration was Resolution No. 96 -20 that, if adopted, requested distribution of municipal assistance funds to the Kodiak Island Borough by the Department of Community and Regional Affairs on the date required by law. JOHNSON, moved to adopt seconded by MILLIGAN Resolution No. 96 -20 Mayor Selby said this was required for tha state to issue municipal assistance funds appropriated by the Legislature. Volume XXI Page 193 VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION Ayes: Hancock, Heinrichs, Johnson, Milligan, Burt, Stevens None McFarland Unanimous 1. Ordinance No. 95 -10D Amending Ordinance No. 95 -10 Fiscal Year 1996 Budget to Reflect Amendments in the Child Care Assistance Program, Coastal Management Program and the Community Mental Health Program Grants and Miscellaneous Project Funds. Presented for consideration was Ordinance No. 95 -10D that, if adopted, amended the fiscal year 1996 budget by making certain changes that were desirable and necessary. MILLIGAN, seconded by HEINRICHS Mayor Selby reported that this was the year -end close out for fiscal year 1996. He outlined the specific revenue and expenditures in the budget. In response to Assemblymember Milligan, Mayor Selby said the "Cry of the Wild Ram" appropriation would be introduced in a fiscal year 1997 budget amendment. VOTE ON MOTION TO ADVANCE Noes: Absent: MOTION CARRIED D. OTHER ITEMS None. Regular Assembly Meeting July 18, 1996 moved to advance Ordinance No. 95 -10D to public hearing on August 1, 1996. Heinrichs, Johnson, Milligan, Burt, Hancock, Stevens None McFarland Unanimous ORDINANCES FOR INTRODUCTION ORDINANCE NO. 95 -10D OTHER ITEMS Volume XXI Page 194 INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Architectural Review Board Meetings of March 25 and June 13, 1996. 2. Service District No. 1 Meeting of June 11, 1996. B. REPORTS REPORTS 1. Kodiak Island Borough School District Special Meeting of July 8, 1996 Summary. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Milligan encouraged people to attend the music festival this weekend. He said it was exciting to have local Alaskan talent coming to Kodiak. At Assemblymember Milligan's question, Mayor Selby said OSHA fined the Borough and the Womens Bay and Bayside Fire Departments for omissions in the Borough safety manual. He said the Borough appealed and the fine was reduced from $500 to $250. He noted that since most fire departments in the state were fined because the OSHA regulations were just recently initiated, the fire department fines were waived. He outlined that changes were made to the manual and the Borough was in full compliance. Assemblymember Hancock sent condolences to the family of Ruth Hansen. She remembered Ms. Hansen as an outstanding pioneer who was an inspiration and contributed greatly to the community and her family. Assemblymember Johnson commended the Lions Club for setting up the music festival in a quick and thorough fashion. He thought it was a new and exciting venture for Kodiak. OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Regular Assembly Meeting Volume XXI July 18, 1996 Page 195 He was recruiting group leaders for the Town Meeting. He said 25 individuals were needed to help make the meeting successful. He noted the Town Meeting would be October 19, and training sessions on October 17 and 18. He said volunteers did not need special qualifications other than having community interest. At the request of Presiding Officer Stevens, Steve Hobgood, Engineering /Facilities Department Director, introduced Ronald E. Riemer, P.E. of Peoria, Illinois as an applicant for the environmental engineer position. Presiding Officer Stevens announced the Assembly would meet in a worksession on Thursday, July 25 at 7:30 p.m. in the borough conference room and a regular meeting on Thursday, August 1 at 7:30 p.m. in the Assembly Chambers. MILLIGAN, moved to adjourn. seconded by BURT VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous There being no further business to Assembly, the meeting adjourned at ATTEST: �l. ?yVria 7. t�j bonna F. m CMC /AAE Borough Clerk Regular Assembly Meeting July 18, 1996 come before the 8:04 p.m. Approved: 08/01/96 Ga'y L. Stevens P. siding Officer ADJOURNMENT Volume XXI Page 196