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1996-11-26 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting November 26, 1996 A regular meeting of the Kodiak Island Borough Assembly was held November 26, 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 Episcopal Church followed by the Pledge of Allegiance. There were present: Robin Heinrichs, Presiding Tom Abell Tuck Bonney Mike Milligan Gary Stevens Wayne Stevens absent: Bob Johnson comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith, CMC /AAE, Clerk Connie Lanahan, Records Manager Assemblymember Johnson was attending Forever Plaid rehearsals and asked to be excused. G. STEVENS, moved to excuse seconded by W. STEVENS Assemblymember Johnson. VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OP AGENDA G. STEVENS, seconded by W. STEVENS VOTE ON MOTION TO APPROVE MOTION CARRIED Regular Assembly Meeting November 26, 1996 Unanimous voice vote moved to approve the agenda Unanimous REGULAR MEETING ROLL CALL APPROVAL OF AGENDA Volume XXII Page 37 APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of September 19 and October 3, 1996. G. STEVENS, seconded by W. STEVENS VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS A. Student of the Month moved to approve the minutes of September 19 and October 3, 1996. Unanimous voice vote Mayor Jerome Selby presented the Student of the Month Award to Ed Conley, a Junior at Port Lions School. B. Alaska Municipal League Awards Mayor Selby acknowledged the Alaska Municipal League 1996 Alaska Award of Excellence awarded to the Alaska Association of Municipal Clerks in the category of Public Participation for the Kids Voting Alaska. Donna Smith, AAMC president, accepted the award. Mayor Selby acknowledged the receipt of the Alaska Municipal League 1996 Alaska Award of Excellence Honoring the Best in Local Government Innovation to the Kodiak Island Borough in the category of Economic Development for the Kodiak Region Economic Development Program. Mayor Selby acknowledged the Alaska Municipal League 1996 Alaska Employee of the Year Award presented to Linda Freed, Community Development Department Director. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Dan Busch, sport fishing guide, spoke to Ordinance No. 96 -19. He felt that if fishing boat charters and similar services were exempted, shore -based facilities should receive the same exemption to be equitable. He said some charter boats operated as floating hotels and could easily be operated from the harbor. Mayor Selby explained that shore -based guides were exempt in that there was not a rate for lodging. If Regular Assembly Meeting November 26, 1996 APPROVAL OF MINUTES AWARDS AND PRESENTATIONS STUDENT OF THE MONTH ALASKA MUNICIPAL LEAGUE AWARDS AWARD OF EXCELLENCE TO THE ALASKA ASSOCIATION OF MUNICIPAL CLERKS AWARD OF EXCELLENCE Tu THE KODIAK ISLAND BOROUGH EMPLOYEE OF THE YEAR AWARD CITIZENS' COMMENTS Volume XXII Page 38 the company provided accommodations and stated a room rate, the tax was charged. If lodging was incidental to the business, then the business was exempt. It was difficult to assess the value of lodging in a hunting camp or on a boat, so they were exempted. Mr. Busch suggested using similar wording in the ordinance. B. Items Other Than Those Appearing on the Agenda. Maribel Miller, Kodiak Island Hospital representative, introduced Gary Hughes, director of medical staff services with Providence Hospital. Mr. Hughes said he would be in Kodiak for about two months to gather information for the hospital negotiations. He would develop a relationship that benefited Providence and the Borough and would provide information to the community. He would assess community needs and evaluate the clinical aspects of the hospital. He was available to exchange ideas and issues to keep the community involved in the process. Mauro Fernandez, Kodiak Housing Authority, asked for support in implementing a public transportation system in Kodiak. Jon Houser, Mental Health Center Advisory Board member, also supported the public transportation system. He thought public health clients would use it frequently. Frances Cater, Kodiak Alliance for the Mentally I11, also supported the public transportation system. She believed there were many groups that would benefit, including senior citizens and the Threshold group. She was pleased that the project was thoroughly researched. At Assemblymember Milligan's question, she said she would support the use of the Mental Health lands trust for transportation. Tim and Kelly Haines, owners of Kelly's Gym, spoke in support of a BMX track. They reported that the American Bicycle Association would offer support. They received information on how to start up and operate a BMX track. Relating to insurance, they said all track users would be licensed and would pay to use the track. The old hospital site on Rezanof Drive was the site being considered and they wanted to know the procedure to make a formal proposal. They were interested in taking all the necessary steps in providing a positive recreation for youth and the community. Regular Assembly Meeting November 26, 1996 Volume XXII Page 39 COMMITTEE REPORTS Assemblymember Milligan attended Alaska Municipal League (AML) and noted that a resolution transferring the Four Dam Pool ownership was successful. He noticed many newly - elected officials in attendance. Assemblymembers Stevens, Bonney, and Abell noted their attendance at AML and the sessions on the Open Meetings Act and Alaska Statutes Title 29. A. School District Long Term Funding Task Force Report Karl Short, finance director, and Assemblymember Robin Heinrichs, Task Force Chairman, presented the final report. Due to technical difficulties, the audio portion of the broadcast was not working during the presentation. At 8:40 p.m. audio was restored and Assemblymember Heinrichs read the recommendation. The Task Force asked the Assembly to read the written report to start a dialogue on the contents of the report. At Assemblymember Milligan's questions, Assemblymember Heinrichs reported that the model was based on total taxes, excluding service districts taxes, and the task force did not want to develop a model that would count on windfall monies. He discussed the fact that 83 percent of the school district budget was attributable to salaries and that any changes to salaries affected the tax burden in the community. He recognized that the projections needed addressing by either using one of the three models or by exploring the consequences of doing nothing. Assemblymember Gary Stevens was concerned about overtaxing the public for 16 years by maintaining funds in a savings account for use at a later date. He believed in operating on a year -to -year basis. Assemblymember Heinrichs explained the need to fund the endowment by not relying on funds not in hand such as the Exxon Valdez oil spill punitive damage award. He emphasized the community needed to realize that the budget had been funded by surplus funds, and now the funds were gone. He stated the task force recommended the third model but that any of the three models would work. Regular Assembly Meeting November 26, 1996 COMMITTEE REPORTS Volume XXII Page 40 Assemblymember Abell agreed with Assemblymember Gary Stevens that the public would not be happy with the savings account, fearing it would be used for something else. Mayor Selby dispelled some misconceptions in a letter received: 1) The myth that the Kodiak Island Hospital project was over budget was not true because the project would be completed $5- 600,000 under budget through phase 3. The original contract was $14.2 million and to date $13.5 million has been spent, with most portions completed within the budget originally set. The only monies coming from general fund were monies to pay for the bond that the public voted to fund. General fund monies would not be used for phase 4. The hospital remodel /addition was the best buy for a construction project in this community. 2) The water /sewer connection fees were always the City of Kodiak's. 3) Under Alaska Statutes Title 29 the Kodiak Island Borough could not implement a school tax as that was a tax that could only be implemented by the State. After a ten minute recess at 9:15 p.m., the regular meeting was reconvened. 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 -17 Renaming Park View Drive to ORDINANCE Mountain View Drive. NO. 96 -17 Presented for consideration was Ordinance 96 -17 that, if adopted, at the request of the residents renamed Park View Drive to Mountain View Drive. MILLIGAN, moved to adopt seconded by W. STEVENS Ordinance No. 96 -17. Mayor Selby noted this was a housekeeping item. The road was always called Mountain View Drive even though on the plat it was Park View Drive in the Mountain View Subdivision. When a new road sign was installed with the name Park View Drive, the residents requested .. ieoiuc „tea Lne change to the commonly called name. Presiding Officer Heinrichs called for public testimony; hearing and seeing none, he reconvened the regular meeting. Regular Assembly Meeting November 26, 1996 PUBLIC HEARING Volume XLII Page 41 VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED MILLIGAN, seconded by W. STEVENS VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED MESSAGES FROM THE BOROUGH MAYOR Regular Assembly Meeting November 26, 1996 Abell, Bonney, Milligan, G. Stevens, W. Stevens, Heinrichs None Johnson Unanimous B. Ordinance No. 96 -18 Rezoning a 115.12 Acre ORDINANCE Parcel Located Within Sections 20 and 21, T30S NO. 96 -18 R32W (Karluk Watershed), From C- Conservation Im W- Watershed. (Generally Located South of the Village of Karluk Presented for consideration was Ordinance No. 96 -18 that, if adopted, rezoned the acreage containing the existing water tank and water lines in Karluk from conservation to watershed. Moved to adopt Ordinance No. 96 -18. Bonney, Milligan, G. Stevens, W. Stevens, Abell, Heinrichs None Johnson Unanimous Mayor Selby reported the MKB hearing has been postponed. MKB had succeeded in thwarting multiple attempts to pay the subcontractors. The hearing would be rescheduled as soon as possible as the court decision clearly said a decision needed to be made. Mayor Selby distributed the capital improvement list. He commended his administrative assistant, Barbara Templeton for developing the list. The use of legislative staff for project summaries for recommendations in the capital improvement bills for statewide funding was most valuable. The list was sent to the governor, legislators, and heads of the state departments. MESSAGES FROM MAYOR Volume XXII Page 42 He explained that the Alaska Municipal League meetings emphasized the need to combine municipal assistance and revenue sharing for safe communities and increase the monies for infra structures in communities such as docks, airports, and University of Alaska facility repairs. OLD BUSINESS None. NEW BUSINESS A. CONTRACTS MILLIGAN, moved to award Contract seconded by BONNEY No. 96 -60 to Brechan Enterprises, Inc. Of Kodiak in an amount not to exceed $14,900. Mayor Selby reported awarding this contract would bring to conclusion the fuel tank leak problem and day tank operation for the borough building to resume normal operations. VOTE ON MOTION TO AWARD Ayes: 1. Contract No. 96 -60 Kodiak Island Borough Building Fuel Tank Pad. Noes: Absent: MOTION CARRIED B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION Regular Assembly Meeting November 26, 1996 Milligan, G. Stevens, W. Stevens, Abell, Bonney, Heinrichs None Johnson Unanimous 1. ordinance No. 96 -19 Adding chapter 3.30 Transient Accommodation Tax to the Kodiak Island Borough Code of Ordinances to Implement and Administer a Transient Accommodations Tax. OLD BUSINESS NEW BUSINESS CONTRACTS CONTRACT NO. 96 -60 RESOLUTIONS ORDINANCES FOR INTRODUCTION ORDINANCE NO. 96 - 19 Volume XXII Page 43 Presented for consideration was Ordinance No. 96 -19 that, if adopted, amended the Kodiak Island Borough Code to implement and administer a tax of five percent of the rental charge on all transient rentals for accommodations within the Kodiak Island Borough. G. STEVENS, seconded by W. STEVENS Mayor Selby explained the attorney used language from the City of Kodiak and other communities to develop the ordinance to implement and administer the tax at a low cost with a provision for monies to be returned to all communities not collecting a bed tax. Assemblymember Milligan was bothered that certain businesses would have a tax advantage. Mayor Selby recognized that there were many operations that took the resources and did not contribute. The most obvious way to recoup would be a tax on the resources but have been unable to do that. The challenge was not to have a costly collection process. At Assemblymember Gary Stevens' question, Mayor Selby explained that if a business provided and charged for lodging, they would be taxed. If lodging was incidental to the business of guiding or chartering and lodging had never been separated from the rate, they would not be taxed. Assemblymember Gary Stevens requested additional wording in the ordinance for clarification. Wanetta Ayers was thanked for her work on the bed tax petition. VOTE ON MOTION TO ADVANCE Ayes: Noes: None Absent: Johnson MOTION CARRIED Unanimous 2. Ordinance No. 96 -20 Amending Chapter 8.20 ORDINANCE Solid Waste Collection and Disposal of the NO. 96 -20 Kodiak Island Borough Code of Ordinances to Reflect Amendments to the Regulations on Regular Assembly Meeting November 26, 1996 moved to advance Ordinance No. 96 -19 to public hearing on December 5, 1996. G. Stevens, W. Stevens, Abell, Bonney, Milligan, Heinrichs Volume ` XU Page 44 Presented for consideration was Ordinance No. 96 -20 that, if adopted, amended the Kodiak Island Borough Code to reflect that the environmental engineer is the decision -maker for the solid waste collection and disposal program and improves the management of the program. BONNEY, seconded by MILLIGAN VOTE ON MOTION TO ADVANCE Ayes: Storage, Collection, Processing, Recovery and Disposal of Solid Waste. Noes: None Absent: Johnson MOTION CARRIED Unanimous 3. Ordinance No. 96 -21 Amending Chapter 3.24 ORDINANCE Personal Property Tax of the Kodiak Island NO. 96 -21 Borough Code of Ordinances to Reflect Amendments to Business Inventories Exemptions. Presented for consideration was Ordinance No. 96 -21 that, if adopted, amended the Kodiak Island Borough Code to tax income- producing equipment regardless of ownership. BONNEY, seconded by W. STEVENS Since Assemblymember Bonney would not be present on December 5, it was his opinion that this did not affect canneries significantly and was a good amendment to the code. VOTE ON MOTION TO ADVANCE Ayes: Regular Assembly Meeting November 26, 1996 moved to advance Ordinance No. 96 -20 to public hearing on December 5, 1996. W. Stevens, Abell, Bonney, Milligan, G. Stevens, Heinrichs moved to advance Ordinance No. 96 -21 to public hearing on December 5, 1996. Abell, Bonney, Milligan, G. Stevens, W. Stevens, Heinrichs Volume XXII Page 45 Noes: Absent: MOTION CARRIED D. OTHER ITEMS None Johnson Unanimous 1. Confirmation of Presiding Officer Appointment of Assembly Member Representatives to Kodiak Island Borough Committees, Commissions, Boards, and Councils. G. STEVENS seconded by BONNEY A. MINUTES OF OTHER MEETINGS Regular Assembly Meeting November 26, 1996 moved to confirm the presiding officer appointment of assembly' members to the following: Architectural Review Board/ Building Code Board of Appeals - Gary Stevens Hospital Advisory Board - Mike Milligan Mental Health Center Advisory Board - Tuck Bonney Parks and Recreation Committee - Bob Johnson Kodiak College Council - Bob Johnson School District Budget Review Committee - Gary Stevens School District Strategic Planning Committee - Tom Abell School District K - 8 Housing Committee - Tom Abell Kodiak Island Transportation Study Steering Committee - Wayne Stevens Emergency Services Council - Robin Heinrichs Joint Building Code Review Committee - Wayne Stevens Planning & Zoning Commission: January - Bob Johnson July - Gary Stevens February - Bob Johnson August - Wayne Stevens March - Tuck Bonney September - Robin Heinrichs April - Tuck Bonney October - Robin Heinrichs May - Mike Milligan November - Tom Abell June - Gary Stevens December - Tom Abell INFORMATIONAL MATERIALS (No action required) 1. MIS Steering Committee Meeting of October 16, 1996. 2. Airport Advisory Committee Meeting of August 12, 1996. OTHER ITEMS CONFIRMATION OF PRESIDING OFFICER APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMISSIONS INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS Volume XXII Page 46 B. REPORTS 1. Kodiak Island Borough School District September 1996 Financial Report. 2. Kodiak Island Borough School District Regular Meeting of October 28, 1996 Summary. CITIZENS' COMMENTS None ASSEMBLY MEMBER COMMENTS Assemblymember Milligan congratulated Linda Freed on receiving the Alaska Municipal League Employee of The Year Award. Assemblymember Bonney stated he would be out of town November 30 - December 10. Assemblymember G. Stevens appreciated Kelly and Tim Haines input for the BMX trail and requested it be added to the joint assembly /council work session agenda. Assemblymember Abell agreed with the need to discuss the BMX track soon. Assemblymember Heinrichs also congratulated Linda Freed on receiving the Alaska Municipal League Employee of The Year Award. 16. EXECUTIVE SESSION A. Labor Negotiations. B. Kodiak Island Hospital & Care Center Contract Negotiations. MILLIGAN, seconded by W. STEVENS VOTE ON MOTION TO CONVENE MOTION CARRIED Regular Assembly Meeting November 26, 1996 moved to convene into executive session to discuss Kodiak Island Borough labor negotiations and the Kodiak Island Hospital & Care Center contract negotiations.. Unanimous voice vote REPORTS CITIZENS' COMMENTS ASSEMBLY MEMBER COMMENTS EXECUTIVE SESSION LABOR NEGOTIATIONS KODIAK ISLAND HOSPITAL & CARE CENTER CONTRACT NEGOTIATIONS Volume XXII Page 47 STEVENS, moved to reconvene the seconded by BONNEY regular meeting. VOTE ON MOTION MOTION CARRIED Unanimous voice vote There being no further business to come before the ADJOURNMENT Assembly, the meeting adjourned at 10:35p.m. ATTEST: onna F. Smith, CMC /AAE Borough Clerk Regular Assembly Meeting November 26, 1996 WLa/I lG�l'G LI,G W✓ Robin Heinrichs Presiding Officer Volume XXII Page 48