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1996-11-07 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting November 7, 1996 A regular meeting of the Kodiak Island Borough Assembly was held November 7, 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 Tom Abell Tuck Bob Johnson Mike Wayne Stevens APPROVAL OF AGENDA AND CONSENT AGENDA JOHNSON, seconded by MILLIGAN Clerk Smith read the items "Consent Agenda ". MILLIGAN, seconded by W. STEVENS Regular Assembly Meeting November 7, 1996 Bonney Milligan absent: Gary Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith, CMC /AAE, Clerk Judi Nielsen, Deputy Clerk Assemblymember Stevens was out of town and asked to be excused. JOHNSON, moved to excuse seconded by MILLIGAN Assemblymember Stevens. VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote moved to approve the agenda and consent agenda. for consideration under moved to amend the agenda to add as item No. 12.C.3. Resolution No. 96 -32 Requesting REGULAR MEETING ROLL CALL APPROVAL OF AGENDA Volume XXII Page 22 the Governor of the State of Alaska to Submit Legislation Transferring Hydroelectric Projects to the Four Dam Pool Communities. VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous voice vote VOTE ON MOTION TO APPROVE AS AMENDED MOTION CARRIED APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Unanimous voice vote A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month Award to Tom Dunham, solid waste baler /landfill supervisor, in the Engineering and Facilities Department. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Ed Kozak, Kodiak Electric Association (KEA) manager, announced that the KEA Board fully supported, and requested Assembly support, of Resolution No. 96 -32. He read from a letter to the Governor that outlined the need to reduce rates. The debt service component for the Terror Lake Project equated to $4 million per year. Eliminating the debt service component would create lower rates for Kodiak. In response to Assemblymember Milligan, Mr. Kozak said Terror Lake had been on -line since 1985, with another 35 years of debt service left. It was a pooling together of funds to build the debt service. Terror Lake was the last of the dams constructed and the initial projects received larger grant funds. As part of the power sales agreement, the State was responsible to fix large repairs. If KEA controls the power, a reserve fund would be built for the risks associated. Regular Assembly Meeting November 7, 1996 APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH CITIZENS' COMMENTS Volume IOQI Page 23 Responding to Assemblymember Johnson, Mr. Kozak explained that power sales were between operators and the State; KEA operates Terror Lake. The actual energy cost of 6.4 cents per kWh includes operating and maintenance for all projects. Initial studies showed that KEA could maintain and operate at a lower rate. There would be certain regulations and duties that would be done, but those functions could be done at two cents per kWh. There had been one major problem at Terror Lake in ten years. Responding to Deputy Presiding Officer Heinrichs, Mr. Kozak stated there was no existing reserve fund, but if the State did not have funds available, the self - help fund from debt service was used. Okey Chandler stated his opinion that the State budget committee was powerful. He asked the Assembly to send a resolution to the Governor requesting that Anton Larson Road be opened year- around and upgraded by funding one equipment operator. He challenged the Assembly to see that action was taken. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Assemblymember Johnson reported the results were in on the Town Meeting. The steering committee will be meeting Saturday, November 9, to consider options for implementation of proposals raised at the meeting. The Assembly and City Council would be approached at a joint meeting in December, prior to their respective goals and objectives session. He announced that the Kodiak College Advisory Board would be inviting the Assembly to a meeting to express their appreciation for establishment of the education endowment fund. Assemblymember Milligan reported on Planning and Zoning Commission activities. He attended transportation meetings in Anchorage at the request of the Kodiak Senior Center. Assemblymember Heinrichs reported that the final report of the School District Long -Term Funding Task Force would be presented to the Assembly at the end of the month. Regular Assembly Meeting November 7, 1996 Volume XXII Page 24 PUBLIC HEARING PUBLIC HEART - All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. A. Ordinance No. 96 -16 Re- establishing All Boards, ORDINANCE Committees, and Commissions as Established in NO. 96 -16 the Kodiak island Borough Code of Ordinances Chapter 2.39 Boards and Commissions. Presented for consideration was Ordinance No. 96 -16 that, if adopted, re- established all Borough boards and commissions until November, 1999. STEVENS, moved to adopt seconded by MILLIGAN Ordinance No. 96 -16. Mayor Selby enumerated the boards and commissions affected by the ordinance. Deputy Presiding Officer Heinrichs called for public testimony; hearing and seeing none, he reconvened the regular meeting. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Abell, Bonney, Johnson, Milligan, W. Stevens, Heinrichs Noes: None Absent: G. Stevens MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR The Supreme Court overturned the local decision on computing interest on the landfill; therefore, the Borough's position was upheld. The University of Alaska Marine Advisory Program published an excellent document on paralytic seafood poisoning that presented a good opportunity for education on the subject. The Assembly received draft copies of the transient accommodations tax ordinance to implement and administer the program for introduction on November Regular Assembly Meeting November 7, 1996 Volume XXII Page 25 26. Copies were distributed to the Kodiak Island Convention and Visitor's Bureau for input. He congratulated Alan Austerman and Jerry Mackie on their election as representative and senator of our district. He looks forward to working with them on behalf of the Kodiak Island Borough. OLD BUSINESS None. NEW BUSINESS A. REORGANIZATION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 1. Election of Presiding Officer. Clerk Smith informed the Assembly that a majority of four votes was needed to elect a member to office. W. STEVENS, JOHNSON, MILLIGAN, Regular Assembly Meeting November 7, 1996 nominated Assembllymember Robin Heinrichs as presiding officer of the Kodiak Island Borough Assembly. nominated Assemblymember Wayne Stevens as presiding officer of the Kodiak Island Borough Assembly. nominated Assemblymember Gary Stevens as presiding officer of the Kodiak Island Borough Assembly. There being no further nominations, nominations for presiding officer were closed. After calculation of secret ballots, Clerk Smith announced that there was a three -way tie and requested that the Assembly re -cast their ballots. After calculation of secret ballots, Clerk Smith announced that Assemblymember Heinrichs was elected to presiding officer. OLD BUSINESS NEW BUSINESS REORGANIZATION OF THE ASSEMBLY ELECTION OF PRESIDING OFFICER Volume XXII Page 26 MILLIGAN, 2. Election of Deputy Presiding Officer. W. STEVENS, Assemblymember Milligan declined. ABELL, W. STEVENS, seconded by MILLIGAN Regular Assembly Meeting November 7, 1996 ELECTION OF nominated DEPUTY PRESIDING Assemblymember Wayne OFFICER Stevens as deputy presiding officer of the Kodiak Island Borough Assembly. nominated Assemblymember Mike Milligan as deputy presiding officer of the Kodiak Island Borough Assembly. nominated Assemblymember Gary Stevens as deputy presiding officer of the Kodiak Island Borough Assembly. There being no further nominations, nominations for deputy presiding officer were closed. After calculation of the secret ballots, Clerk Smith announced that Assemblymember Wayne Stevens was elected to deputy presiding officer. Deputy Presiding Officer Heinrichs took the chair as presiding officer. A. AWARDS AWARDS 1. Contract No. 96 -53 Cost Estimating Services CONTRACT at the Design Development Phase for the NO. 96 -53 Near Island Research Facility. moved to award Contract No. 96 -53 to Estimations, Inc. of Anchorage in an amount not to exceed $14,100. Mayor Selby reported that the project architect recommended awarding the contract to Estimations, Inc. Volume XXII Page 27 VOTE ON MOTION TO AWARD Ayes: Noes: None Absent: G. Stevens MOTION CARRIED Unanimous JOHNSON, seconded by MILLIGAN VOTE ON MOTION TO AWARD Ayes: Noes: None Absent: G. Stevens MOTION CARRIED Unanimous W. STEVENS, seconded by MILLIGAN Regular Assembly Meeting November 7, 1996 Bonney, Johnson, Milligan, W. Stevens, Abell, Heinrichs 2. Contract No. 96 -54 Supply and Fabrication CONTRACT Services for the Rebuild of the Harris NO. 96 -54 Press Baler Located at the Kodiak Island Borough Landfill Facility. moved to award Contract No. 96 -54 to DSR Companies of Anchorage in an amount not to exceed $45,767. In response to Assemblymember Wayne Stevens, Mayor Selby said this was a major rebuild after ten years of service. He credited staff for the routine repairs and maintenance. With the overhaul, the equipment would be close to new, and with regular maintenance and overhauls, it would last another 15 -20 years. Johnson, Milligan, W. Stevens, Abell, Bonney, Heinrichs 3. Contract No. 96 -55 Welding and Fabrication CONTRACT Services for the Rebuild of the Harris NO. 96 -55 Press Baler Located at the Kodiak Island Borough Landfill Facility. moved to award Contract No. 96 -55 to M. C. Welding of Kodiak in an amount not to exceed $7,200. Volume XXQ Page 28 In response to Presiding Officer Heinrichs, Mayor Selby said the work was not highly technical and that certification for the welder was not needed. VOTE ON MOTION TO AWARD Ayes: Noes: Absent: MOTION CARRIED 4. Contract No. 96 -56 Service District No. 1 Gravel Resurface of Roads. JOHNSON. seconded by MILLIGAN Responding to Assemblymember Milligan, Mayor Selby noted quantities were uncertain so contract was for price per ton and not a not -to- exceed price. In response to Assemblymember Johnson, Mayor Selby said staff thought C -1 graded gravel had merit because it was a larger gravel; however, the Service District No. 1 Board recommended D -1. VOTE ON MOTION TO AWARD Ayes: Noes: Absent: MQTTON CARRTED 5. Contract Facility BONNEY, seconded by JOHNSON Regular Assembly Meeting November 7, 1996 Milligan, W. Stevens, Abell, Bonney, Johnson, Milligan, Heinrichs None G. Stevens Unanimous moved to award Contract No. 96 -56 to A -K Construction of Kodiak for the unit price of $6.84 per ton for D -1 graded gravel plus the cost of placement. W. Stevens, Abell, Bonney, Johnson, Milligan, Heinrichs None G. Stevens Unanimous No. 96 -57 Near Island Research Phase I Site Work. moved to award Contract No. 96 -56 to A -K Construction of Kodiak CONTRACT NO. 96 -56 CONTRACT NO. 96 -57 Volume X70I Page 29 Responding to Assemblymember Johnson, Mayor Selby said the bids were wide spread because local contractors had the advantage with equipment already on Island, and the ability to work during the winter. VOTE ON MOTION TO AWARD Ayes: Noes: None Absent: G. Stevens MOTION CARRIED Unanimous MILLIGAN, seconded by JOHNSON VOTE ON MOTION TO AWARD Ayes: Regular Assembly Meeting November 7, 1996 in an amount not to exceed $581,900. Abell, Bonney, Johnson, Milligan, W. Stevens, Heinrichs 6. Contract No. 96 -58 Pedestrian Path, Bike CONTRACT Trail, Sidewalk, and Heliport Snow Removal NO. 96 -58 and Sanding. moved to award Contract No. 96 -58 to Brechan Enterprises of Kodiak per the bid proposal schedule. Bonney, Johnson, Milligan, W. Stevens, Abell, Heinrichs Noes: None Absent: G. Stevens MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 96 -31 Appointing a Hearing RESOLUTION Officer and Approving a Dispute Resolution NO. 96 -31 Procedure. Presented for consideration was Resolution No. 96 -31 that, if adopted, appointed Stanton P. Beck, Esq. to act as hearing examiner in the matter of a dispute between the Kodiak Island Borough and MKB Constructors, J.V. Volume XXII Page 30 JOHNSON, moved to adopt seconded by MILLIGAN Resolution No. 96 -31. At Assemblymember Milligan's inquiry, Mayor Selby said attempts to urge MKB to pay local contractors were unsuccessful. The Borough had no dispute with what local contractors were owed but that MKB opposed it in court. It was hoped that the hearing would resolve the issue and the subcontractors would be paid. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIRO Regular Assembly Meeting November 7, 1996 Johnson, Milligan, W. Stevens, Abell, Bonney, Heinrichs None G. Stevens Unanimous 2. Resolution No. 96 -30A Amending Resolution RESOLUTION No. 96 -30 to Reflect the Election of the NO. 96 -30A Write -in Candidates in Service Districts at the Municipal Election Held October 1, 1996. Presented for consideration was Resolution No. 96 -30A that, if adopted, ratified and certified the results of the election of write -in candidates in service districts. JOHNSON, moved to adopt seconded by W. STEVENS Resolution No. 96 -30A. Milligan, W. Stevens, Abell, Bonney, Johnson, Heinrichs None G. Stevens Unanimous 3. Resolution No. 96 -32 Requesting the RESOLUTION Governor to Submit Legislation Transferring NO. 96 -32 Hydro - Electric Projects to the Four Dam Pool Communities. Volume XXII Page 31 Presented for consideration was Resolution No. 96 -32 that, if adopted, urged the governor to submit legislation transferring hydroelectric projects of the Four Dam Pool to each community: Terror Lake Hydroelectric Project to Kodiak Election Association, Inc.; Solomon Gulch Hydroelectric Project to Copper Valley Electric, Inc.; Lake Tyee Hydroelectric Project to Thomas Bay Power Authority; and Swan Lake Hydroelectric Project to the City of Ketchikan. MILLIGAN, moved to adopt seconded by W. STEVENS Resolution No. 96 -32. Assemblymember Milligan presented an analogy in that Kodiak provided most of the revenues with the largest dam. Other communities did not grow to expectations as Kodiak had. Kodiak subsidizes other communities that received a higher percentage of State monies. This would be a way to promote economic development as this was the best means to receive less expensive power. Assemblymember W. Stevens agreed and added that the Economic Development Committee continued to research projects and discussion always returned to the cost of power in the community. Anything that reduced the cost of power was a good decision for the community. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION Regular Assembly Meeting November 7, 1996 W. Stevens, Abell, Bonney, Johnson, Milligan, Heinrichs None G. Stevens Unanimous 1. Ordinance No. 96 -17 Renaming Park View Drive to Mountain View Drive. Presented for consideration was Ordinance No. 96 -17 that, if adopted, at the request of the residents, renamed Park view Drive to Mountain view Drive. Ordinance No. 96 -17 was advanced to public hearing on November 26, 1996 under consent agenda. ORDINANCES FOR INTRODUCTION ORDINANCE NO. 96 -17 Volume /OM Page 32 2. Ordinance No. 96 -18 Rezoning a 115.12 Acre Parcel Located Within Sections 20 and 21, T30S R32W (Karluk Watershed), From C- Conservation IQ W- Watershed. (Generally Located South of the Village of Karluk) Presented for consideration was Ordinance No. 96 -18 that, if adopted, rezoned the existing acreage containing the water tank and water lines in Karluk from conservation to watershed. Ordinance No. 96 -18 was advanced to public hearing on November 26, 1996 under consent agenda. D. OTHER ITEMS 1. Declare Vacant Seats on the Kodiak Island Borough Mental Health Center Advisory Board. JOHNSON, seconded by MILLIGAN Mayor Selby noted that Ms. conflicts and Ms. Waterman VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED W. STEVENS, seconded by BONNEY Regular Assembly Meeting November 7, 1996 moved to declare the seats of Corazon A. Asuncion and Maryanne Waterman vacant on the Kodiak Island Borough Mental Health Center Advisory Board. Asuncion had time moved from Kodiak. Abell, Bonney, Johnson, Milligan, W. Stevens, Heinrichs None G. Stevens Unanimous 2. Appointment to Airport Advisory Committee. moved to appoint Tony C. Clark to the Airport Advisory Committee for a term to expire December 1997. Mayor Selby was pleased that Mr. Clark was interested in serving on the Committee. ORDINANCE NO. 96 -18 OTHER ITEMS DECLARE VACANT SEATS ON MENTAL HEALTH CENTER ADVISORY BOARD APPOINTMENT TO AIRPORT ADVISORY COMMITTEE Volume XXII Page 33 VOTE ON MOTION TO APPOINT Ayes: Bonney, Johnson, Milligan, W. Stevens, Abell, Heinrichs Noes: None Absent: G. Stevens MOTION CARRIED Unanimous 3. Appointments to Kodiak Island Borough Mental Health Center Advisory Board. JOHNSON, seconded by MILLIGAN moved to appoint Joey Burcham to a two - year seat for a term to expire December 1998, Claude E. Dalrymple, Jr. to a one -year seat for a term to expire December 1997, and Suzanne McKinley to a one -year seat for a term to expire December 1997 on the Kodiak Island Borough Mental Health Center Advisory Board. Mayor Selby was delighted to have people serve on boards and commissions. He noted it was sometimes a struggle to find people to serve and hoped more would come forward. VOTE ON MOTION TO APPOINT Ayes: Noes: None Absent: G. Stevens MOTION CARRIED Unanimous Regular Assembly Meeting November 7, 1996 Johnson, Milligan, W. Stevens, Abell, Boney, Heinrichs APPOINTMENT TO MENTAL HEALTH CENTER ADVISORY BOARD Volume VCR Page 34 INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF O'1nER MEETINGS 1. Kodiak Island Hospital and Care Center Advisory Board Meeting of September 18, 1996. 2. Architectural Review Board Meetings of September 4 and October 9, 1996. 3. Planning and Zoning Commission Meeting of September 18, 1996. 4. Kodiak Island Borough School District Meeting of September 23, 1996. B. REPORTS 1. Kodiak Island Borough October 1996 Financial Report. 2. Resource Management Office October 1996 Progress Report. C. OTHER None. CITIZENS' COMMENTS Ed Kozak thanked the Assembly for their positive action on Resolution No. 96 -3 because it showed a joint effort to lower rates. He encouraged the Assembly to talk about it when they traveled. Doug T,etch commended Assemblymember Johnson for his vision on the Town Meeting. He related that because of one of the ideas, KMXT has initiated a youth forum with members of Kodiak Youth Services Network and youth in the community for December 13. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Wayne Stevens echoed Mayor Selby's comments about boards and commissions. He noted the opportunity for involvement and input on decisions for direction. He hoped to serve the community well as an assemblymember. Assemblymember Milligan thanked the Assembly for their support on the Four Dam Pool resolution. He expounded on accessible government. Regular Assembly Meeting November 7, 1996 REPORTS OTHER CITIZENS' COMMENTS Volume XXII Page 35 Assemblymember Johnson thought the staff at the landfill were efficient and had a sense of humor; therefore, the employee of the month award was well deserved. Assemblymember Abell thanked staff for his indoctrination. Presiding Officer Heinrichs welcomed Assemblymembers Tom Abell, Tuck Bonney, and Wayne Stevens. He looked forward to working with them. He thanked the Assembly for their confidence in electing him presiding officer. He congratulated Tom Dunham on receiving the employee of the month award. Presiding Officer Heinrichs announced that the Assembly would meet in a work session on Thursday, November 14 in the borough conference room. Members of the Assembly will be traveling to Anchorage to attend Alaska Municipal League meetings November 18- 22. The next regular meeting was Tuesday, November 26 at 7:30 p.m. in the assembly chambers. There being no further business to come before the ADJOURNMENT Assembly, the meeting adjourned at 9:54 p.m. ATTEST: onna F. Smith, CMC /AAE Borough Clerk Adopted: 12/19/96 Regular Assembly Meeting November 7, 1996 Robin Heinrichs Presiding Officer Volume XXII Page 36