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1996-09-05 Regular MeetingThere were present: APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Regular Assembly Meeting September 5, 1996 KODIAR ISLAND BOROUGH: Regular Assembly Meeting September 5, 1996 A regular meeting of the Kodiak Island Borough Assembly was held September 5, 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 Envoy Craig Fanning of the Salvation Army, followed by the Pledge of Allegiance. Robin Heinrichs, Presiding John Burt Suzanne Hancock Bob Johnson Jack McFarland Mike Milligan absent: Gary Stevens (excused) comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC /AAE, Clerk Connie Lanahan, Records Manager APPROVAL OF AGENDA McFARLAND, moved to approve the seconded by MILLIGAN agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month Award to Gale Gardner, secretary III in the Engineering /Facilities Department. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH Volume XXI Page 242 B. Certificate of Commendation Mayor Selby presented a Certificate of Commendation to Bernie Ballao in recognition of his National selection as outstanding Filipino - American for his many selfless contributions to the Kodiak community and his dedicated service to the City Council since October 1989. C. Proclamations Mayor Selby. proclaimed September 12, 1996 Neighbors Make the Difference Day, urging all citizens, and especially the business community, to put heart into our community through volunteerism and other forms of participation and to remember that the first step to positive change was to lift a hand to help. Mayor Selby proclaimed September 17 -23, 1996 as Constitution Week, urging all citizens to study the Constitution and express gratitude for the privilege of being an American in a Republic which functions under the oldest constitution still in active use today. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Dr. Mark Withrow, Kodiak Island Hospital Chief of Staff, spoke in favor of negotiating a management contract with Providence Health Systems. He said he spoke for the majority of the hospital staff and the Hospital Advisory Board. At Assemblymember Milligan's request, Dr. Withrow shared his view of an article from the Haw England Journal of Medicine that compared not - for - profit and for- profit hospitals. Dr. Withrow also said the hospital staff was approximately 80 percent in favor of Providence. Dr. Withrow explained that a hospital was comprised of the people who work there, not just the building. Virginia Collins, Columbia HCA Health Care Corporation representative, noted her views on the Journal. in that for- profit and not - for - profit hospitals were obligated to care for patients at the s a n e level She felt Cnlurhia fit Kodiak_ pam Fnremaf, Kodiak Island Hospital Director of Human Resources, noted that employees were insecure because it was unknown which firm would hold the management contract. Regular Assembly Meeting September S. 1996 CERTIFICATE OF COMMENDATION PROCLAMATIONS NEIGHBORS MAKE THE DIFFERENCE DAY CONSTITUTION WEEK CITIZENS' COMMENTS Volume MCI Page 243 B. Items Other Than Those Appearing on the Agenda Okey Chancllpr suggested the Assembly's stipend be lowered to $100 per month. He advocated the need to extend Anton Larsen Road and make it accessible year - round. COMMITTEE REPORTS Assemblymember Heinrichs said the School District Long Term Funding Task Force completed the research phase. The Task Force meets on Tuesdays at 7 p.m. in the School District Conference Room. He invited the public to attend. PUBLIC HEARING None. MESSAGES PROM THE BOROUGH MAYOR Mayor Selby reported the Engineering and Facilities Department was busy completing summer projects; therefore, it was fitting that Gale Gardner received the Employee of the Month Award. A $250,000 grant was received for the Island -wide village solid waste program. A $500,000 Federal grant was received to complete the design phase of the Near Island Research Facility (NIRF). The 60% drawings were received and there was discussion with prospective tenants to develop lease language by fall. Contract negotiations with the IBEW would start early month. The oil spill response team will be meeting in Kodiak on September 17 for planning of spill and prevention responses. OLD BUSINESS A. Authorization for the Mayor to Negotiate a Kodiak Island Hospital and Care Center Management Contract. The motion to authorize the mayor to enter into negotiations with Providence Health System for the Kodiak Island Hospital and Care Center Management Contract was before the Assembly. Mayor Selby noted that hospital staff, the finance director, and the Hospital Advisory Board recommended Regular Assembly Meeting September 5, 1996 COMMITTEE REPORTS PUBLIC HEARING MESSAGES FROM MAYOR OLD BUSINESS AUTHORIZATION TO NEGOTIATE KIH MANAGEMENT CONTPACT Volume }CIO: Page 244 Providence Health System. Both Columbia and Providence presented well, however, Providence suited Kodiak better. At Assemblymember Milligan's request, Selby explained that hospital staff would be uncertain until there was a written contract in place. Selby noted that Lutheran Homes Society (LHS) was still under contract to provide their expertise as needed. Mayor Selby explained the Teamsters have a union contract with Providence as an insurance provider. Assemblymember Milligan noted it was unavoidable to ease the uncertainty of hospital staff until the contract was in place for preferred provider delivery of services in health care. Assemblymember Hancock expressed the need to move forward with negotiations as it may take 18 months. She felt comfortable with the safeguards and preference of the public. Assemblymember Burt wanted to negotiate with both organizations to receive as much information on the services provided as possible. He did not like the fast -tract approach. Assemblymember Johnson had worked with for - profit and non - profit organizations, and he found the non - profit philosophy preferable. He said because for - profit organizations focused on money, patient care could suffer. He wanted to honor the wishes of the community. Assemblymember Milligan could not find a compelling reason to go against the recommendation, although he shared some of Assemblymember Burt's concerns. Assemblymember McFarland appreciated the Assembly taking the extra time to review the issue. He felt the value of the contract depended on how tightly the contract was written. He saw no compelling reason to override the motion. McFARLAND, seconded by HANCOCK Regular Assembly Meeting September 5, 1996 moved to amend the motion to include that the assembly be advised anri scrod fnr input prior to and during the negotiation process and the contract would be forwarded to the assembly at the end of negotiations. Volume XXI Page 245 VOTE ON MOTION TO AMEND Ayes: Burt, Hancock, Heinrichs, Johnson, McFarland, Milligan, Noes: None_ Absent: Stevens VOTE ON MOTION TO AUTHORIZE AS AMENDED Ayes: Hancock, Heinrichs, Johnson, McFarland, Milligan Noes: Absent: MOTION CARRIED NEW BUSINESS A. CONTRACTS Ayes: 1. Contract No. 96 -42 Kodiak Island Borough Buildings Parking Lot Expansion Project. JOHNSON, moved to award Contract seconded by MILLIGAN No. 96 -42 to Blondin & Son Excavating of Kodiak in an amount not to exceed $35,683. Mayor Selby reported that the contract for the parking lot expansion project was budgeted for $30,500 and savings from other projects would cover the additional $5,000. He also explained the drawings were not sufficient in that there would be more space added than indicated on the drawings. In response to the Assembly, Mayor Selby explained the project to bring all Borough building parking lotsinto code compliance. This project was the start. Paving will be included in on contractfor all areas at a later date. VOTE ON MOTION TO AWARD Regular Assembly Meeting September 5, 1996 Burt Stevens 5 Ayes, 1 No Johnson, McFarland, Milligan, Burt, Hancock, Heinrichs NEW BUSINESS CONTRACTS CONTRACT NO. 96 -42 Volume XX( Page 246 Noes: None Absent: Stevens MOTION CARRIED Unanimous After a ten minute recess at 8:50 p.m., Deputy Presiding Officer Heinrichs reconvened the regular meeting. B. RESOLUTIONS 1. Resolution No. 96 -22 Establishing a Joint RESOLUTION Kodiak Island Borough /City of Kodiak Fiscal NO. 96 -22 Year 1998 Capital Improvements Priority List. Presented for consideration was Resolution No. 96 -22 that, if adopted, established a list of the top five projects from the Borough and City as a primary lobbying document for the Juneau lobbyist during the next legislative session. MILLIGAN, moved to adopt seconded by McFARLAND Resolution No. 96 -22. Mayor Selby said the list included five high - priority items from the Borough and the City. He noted the complete list had 150 items, so there were always other projects available if smaller dollar amounts were needed. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Stevens MOTION CARRIED Unanimous McFarland, Milligan, Burt, Hancock, Johnson, Heinrichs 2 Resolution No. 96 -25 Authorizing the RESOLUTION Acquisition of the Subsurface Estate at the NO. 96 -25 Salonie Creek Rifle Range. Presented for consideration was Resolution No. 96 -25 that, if adopted, would authorize the purchase of subsurface estate of Salonie Creek Rifle Range from Koniag, Inc. for a•sum not to exceed $68,800. Regular Assembly Meeting September 5, 1996 RESOLUTIONS Volume XXI Page 247 McFARLAND, moved to adopt seconded by MILLIGAN Resolution No. 96 -25. Mayor Selby explained it was better to have a single owner than have two different entities own the surface and subsurface. He added that the surface was owned by Lesnoi and the subsurface by Koniag. The present gravel pit would be depleted in four tofive years; therefore, gravel extraction from this area would not impugn the rifle range. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Stevens MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT Ayes: Regular Assembly Meeting September 5, 1996 Milligan, Burt, Hancock, Johnson, McFarland, Heinrichs 3. Resolution No. 96 -26 Electing to RESOLUTION Participate in the Retirement Incentive NO. 96 -26 Program, Chapter 4, First Special SLA 1996, and Authorizing the Mayor to Enter Into an Agreement With the Administrator of the Public Employees' Retirement System (PERS) to Fund the Cost of Participation in the Program. Presented for consideration was Resolution No. 96 -26 that, if adopted, would authorize the mayor or his designee to enter into a financial agreement with the PERS to implement the program and to commit employer funds for the cost of the program. McFARLAND, moved to adopt seconded by MILLIGAN Resolution No. 96 -26. Mayor Selby noted that 14 employees were eligible and there would be a savings to the Borough if they chose to participate. The criteria to be eligible was to be vested with the PERS and at least 47 years of age. Assemblymember McFarland noted that program created a loss of experienced employees. Burt, Hancock, Johnson, McFarland, Milligan, Heinrichs Volume XXI Page 248 Noes: Absent: MOTION CARRIED Presented for consideration was Resolution No. 96 -27 that, if adopted, would authorize transfer of records to the City, based on the results of the special by- mail election in Service District No. 1 on May 21, 1996 transferring the sewer /water assets to the City. McFARLAND, moved to adopt seconded by MILLIGAN Resolution No. 96 -27. 4. Resolution No. 96 -27 Authorizing the Transfer of Service District No. 1 Water and Sewer Records to the City of Kodiak. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 96 -11 Amending Kodiak Island Borough Code of Ordinances Title 6 Animals Chapter 6.04 Animal Control to Reflect Changes to Penalties and Remedies and Annoying Animals. Presented for consideration was Ordinance No. 96 -11 that, if adopted, would amend the original code by extending the definition to include all annoying animals. MILLIGAN, seconded by McFARLAND VOTE ON MOTION TO ADVANCE Ayes: Regular Assembly Meeting September 5, 1996 None Stevens Unanimous Hancock, Johnson, McaArland, Milligan, Burt, Heinrichs None Stevens Unanimous moved to advance Ordinance No. 96 -11 to niihlin honing nn September 19, 1996. Johnson, McFarland, Milligan, Burt, Hancock, Heinrichs RESOLUTION NO. 96 -27 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 96 -11 Volume XXI Page 249 Noes: None Absent: Stevens MOTION CARRIED Unanimous Presented for consideration was Ordinance No. 96 -12 that, if adopted, would amend the code to clarify the difference between small domesticated animals and farm animals. MILLIGAN, seconded by BURT Noes: None Absent: Stevens MOTION CARRIED Unanimous D. OTHER ITEMS VOTE ON MOTION TO APPOINT Ayes: 2. Ordinance No. 96 -12 Amending Kodiak Island ORDINANCE Borough Code of Ordinances Title 6 Animals NO. 96 -12 Chapter 6.04 Animal Control to Clarify Language Pertaining to Small Domesticated Animals and Farm Animals. Regular Assembly Meeting September 5, 1996 moved to advance Ordinance No. 96 -12 to public hearing on September 19, 1996. Assemblymember Burt reflected on the "common sense" changes. VOTE ON MOTION TO ADVANCE Ayes: McFarland, Milligan, Burt, Hancock, Johnson, Heinrichs 1. Appointment of Applicant to the Mental APPOINTMENT TO Health Center Advisory Board. MHCAB MILLIGAN, moved to appoint seconded by McFARLAND Corazon A. Asuncion to the Mental Health Center Advisory Board for a term to exnire December 1998. Milligan, Burt, Hancock, Johnson, McFarland, Heinrichs OTHER ITEMS Volume XXI Page 250 Noes: Absent: MOTION CARRIED 2. Direct the Planning and Zoning Commission to Investigate Appropriate Watershed Rezones for Kodiak Island Borough Communities. McFARLAND, seconded by MILLIGAN Assemblymember McFarland felt the foreclosed land issue should be made a priority. Assemblymember Heinrichs said the Planning and Zoning Commission invited the Assemblymembers to travel with them to Larsen Bay on September 23 to hold a hearing. Mayor Selby said only the Borough had planning and zoning power on the Island, so the villages had to interact with the Commission to complete their own comprehensive plans. VOTE ON MOTION Ayes: Noes: Absent; MOTION CARRIED INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS None Stevens Unanimous moved to direct the Planning and Zoning Commission to investigate appropriate; watershed rezones for Kodiak Island Borough communities. Burt, Hancock, Johnson, McFarland, Milligan, Heinrichs None Stevens Unanimous 1. Mental Health Center Advisory Board Meeting of March 26, 1996. 2. Kodiak Island Borough School District Board Meeting of July 22 and Special Meeting of August 12, 1996. 3. Planning and Zoning Commission Meeting of July 17, 1996. Regular Assembly Meeting September 5, 1996 DIRECT P & Z TO INVESTIGATE WATERSHED REZONES INFORMATIONAL MATERIALS MINUTES OF OTHER MP.F.TTNGS Volume XXI Page 251 B. 4. MIS Steering Committee Meeting of July 24, 1996. REPORTS 1. Kodiak Island Borough August 1996 Financial Report. 2. Kodiak Island Borough School District June and July 1996 Financial Reports. 3. Kodiak Island Borough School District Board Meeting Summaries of August 12 and 26, 1996. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Burt expressed disappointment at the decision to authorize negotiations with only Providence as he felt it was a disservice to the community. Assemblymember Milligan congratulated Bernie Ballao. Assemblymember Hancock took exception to Okey Chandler's remarks concerning the stipend. She was of the opinion that offering a stipend encouraged younger members to be on an even playing field with people in business or with no children. She noted serving on the assembly was very time consuming, taking away from family. She saw no power in that six other members of the assembly could vote against you. Mayor Selby was wished a belated happy birthday. Deputy Presiding Officer Heinrichs congratulated Gale Gardner on receiving the Employee of the Month Award. He interacted with her and found her helpful. Deputy Presiding Officer Heinrichs announced the assembly would meet in work session on Wednesday, September 11 at noon in the school district conference room; a joint assembly /council work session on Tuesday, September 17 at 7:30 p.m. in the city conference room with an assembly work session to follow in the borough conference room; and a regular meeting Thursday, September 19 at 7:30 p.m. in the Regular Assembly Meeting September 5, 1996 REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXI Page 252 assembly chambers. Members of the Assembly will be traveling Dillingham September 12 - 14 to attend Southwest Alaska Municipal League Conference. There being no further business to come before the ADJOURNMENT Assembly, the meeting adjournee at 10:29 ATTEST: Donna F. Smith, CMC /AAE Borough Clerk Approved: 10/17/96 Regular Assembly Meeting September 5, 1996 Garry L. Stevens Presiding Officer Volume XXI Page 253