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2000-07-20 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting July 20, 2000 A regular meeting of the Kodiak Island Borough Assembly was held July 20, 2000 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 Chaplain Ben Brown of the Star of the Sea Chapel, followed by the Pledge of Allegiance. ROLL CALL There were present: Mayor: Gary L. Stevens Assemblymembers: Tom Abell Scott Arndt Tuck Bonney Absent: Greg Spalinger Pat Branson Robin Heinrichs Darlene Turner comprising a quorum of the Assembly; and Dave Jensen, Manager Patti Kirkpatrick, Deputy Clerk Ellen Cloudy, Assistant Clerk Assemblymember Spalinger was absent and asked to be excused. TURNER, seconded by BRANSON VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OF AGENDA TURNER, seconded by BRANSON VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES moved to excuse Assemblymember Spalinger. Unanimous voice vote moved to approve the agenda. Unanimous voice vote 1. Kodiak Island Borough Assembly Special Meeting of June 29 and Regular Meeting of July 6, 2000. ARNDT, moved to approve the seconded by BRANSON minutes of June 29 and July 6, 2000. Regular Assembly Meeting July 20, 2000 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XXVI Page 103 VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote AWARDS AND PRESENTATIONS AWARDS AND A. Employee of the Quarter PRESENTATIONS Employee of the Quarter was awarded to Sharon Nault, EMPLOYEE OF THE operations supervisor in the Management Information QUARTER Systems Department. B. Longevity Awards Ten year longevity awards were presented to Sharon LONGEVITY AWARDS Blakeslee, senior systems analyst in the Management Information Systems Department and to James Skog, baler operator II, at the Kodiak Island Borough Baler/Landfill. A twenty year longevity award was presented to Linda Freed, Community Development Department Director. C. U.S. Coast Guard Meritorious Public Service Award U.S. COAST GUARD Lt. Matt Jones, of the U.S. Coast Guard, presented to MERITORIOUS Director Freed the Coast Guard Meritorious Public PUBLIC SERVICE Service Award for her assistance with oil spill AWARD prevention and response procedures. CITIZENS' COMMENTS Becky Larsen phoned in support of Resolution CITIZENS' No. 2000-21. COMMENTS Colleen Katlenikoff urged the Assembly to adopt Resolution No. 2000-21. Tom Quick phoned to thank Mayor Stevens for visiting and meeting with the Ouzinkie City Council to discuss local concerns. COMMITTEE REPORTS Assemblymember Branson reported that the Non -Profit COMMITTEE Subcommittee was proceeding towards establishing REPORTS funding criteria. The next meeting would be Thursday, July 27, at 7:30 p.m. in the Borough conference room. PUBLIC HEARING A. Ordinance No. 2000-06 Amending Title 3 Revenue and Finance Chapter 3.30 Transient PUBLIC HEARING Accommodations Tax of the Kodiak Island Borough Code of Ordinances to Reflect Necessary Changes. ORDINANCE NO. 2000-06 TURNER, moved to adopt seconded by HEINRICHS Ordinance No. 2000-06. Manager Jensen stated the ordinance made the Transient Accommodations Tax more equitable and Regular Assembly Meeting Volume XXVI July 20, 2000 Page 104 enforceable. He said the changes would also help businesses with timely filing and to clarify terms and procedures. Mayor Stevens opened the public hearing. Pam Foreman,(KICVB), spoke in favor of the ordinance. She stated that the bed tax revenue would be used for marketing Kodiak and the archipelago. She felt the changes would allow businesses to file two quarters at a time, which was beneficial to staff. Dick Roher provided a package service that did not include renting beds. He did not think adequate notice had been given to guides and asked the Assembly to consider postponement. He suggested options such as an annual user fee similar to the Lake and Peninsula Borough. Chaco Pearman favored postponement until all impacted parties discussed the changes. Denise May, Whale Pass Lodge, favored postponement. She encouraged better communication between the affected businesses and the Borough. Wanetta Ayers, Afognak Native Corporation, favored the ordinance. She felt the current Code made it difficult to fairly collect bed tax of the businesses. She urged the Assembly to move forward. Murphy Forner, KICVB board member, favored the ordinance. Mayor Stevens closed the public hearing and reconvened the regular meeting. ARNDT, moved to postpone seconded by ABELL Ordinance No. 2000-06 to December 21, 2000. Assemblymember Arndt opposed the ordinance. He thought that the new changes would be unenforceable. In response to Assemblymember Branson, Assemblymember Arndt choose to postpone for five months to allow those businesses out fishing to have adequate opportunity to meet to discuss the issue. Assemblymember Bonney opposed postponement. He felt the changes were fair, and he wanted to move forward. Assemblymember Abell favored postponement, as most businesses were out earning a living and this allowed owners and opportunity to discuss options. Assemblymember Heinrichs favored postponement; however, he wanted to begin discussions in November. He said this would allow additional time to resolve the issue prior to the holidays. Regular Assembly Meeting Volume XXVI July 20, 2000 Page 105 HEINRICHS, seconded by BRANSON moved to amend to postpone Ordinance No. 2000-06 to November 16, 2000. VOTE ON MOTION TO AMEND THE AMENDMENT TO POSTPONE Ayes: Branson, Heinrichs, Abell, Stevens Noes: Arndt, Bonney, Turner Absent: Spalinger MOTION CARRIED 4 Ayes, 3 Noes VOTE ON MOTION TO POSTPONE AS AMENDED Ayes: Noes: Absent: MOTION CARRIED BOROUGH MANAGER'S REPORT Branson, Heinrichs, Turner, Abell, Arndt. Bonney Spalinger 5 Ayes, 1 No Manager Jensen received notification of Judge Zilly's court ruling to close all trawl fishing within 20 miles of sea lion rookeries. In response to Mayor Stevens, Al Burch, Alaska Draggers Association, said the Association was doing damage assessment, and the repercussions were hard to comprehend. He said it was a mistake not to have intervened earlier this year. He would keep the Assembly apprised of the situation. Mayor Stevens thanked Mr. Burch and said the Borough would work closely in an effort to resolve the issue. MESSAGES FROM THE BOROUGH MAYOR Mayor Stevens attended the Ouzinkie City Council meeting earlier today. He noted two concerns: 1)a sewage outfall line in the boat harbor. He said they may require assistance to find a solution; and 2) removal of five abandoned oil tanks. He said the tank lines crossed private property and the BIA claims no responsibility. In response to Mayor Stevens, Deputy Clerk Kirkpatrick advised Pam Crowe, Division of Elections, would be in Kodiak on July 25 to conduct election training. She would contact each village clerk and explain the closed primary procedures. Regular Assembly Meeting July 20, 2000 MANAGER'S REPORT MESSAGES FROM THE MAYOR Volume XXVI Page 106 Mayor Stevens thanked Tom Quick and his wife for their hospitality during his visit. UNFINISHED BUSINESS A. Contract No. 2000-12 Kodiak Island Borough Facilities Fuel Oil Delivery. The motion to award Contract No. 2000-12 to Thompson Transfer, Inc of Kodiak for time and materials was before the Assembly. Manager Jensen said the base price would fluctuate based on changes in the acquisition price of the fuel. He recommended awarding the contract to Thompson Transfer. VOTE ON MOTION TO AWARD Ayes: Noes: Absent: MOTION CARRIED NEW BUSINESS A. CONTRACTS Branson, Heinrichs, Turner, Abell, Arndt, Bonney None Spalinger Unanimous 1. Contract No. 2000-18 Economic Development Program Agreement. HEINRICHS, moved to approve seconded by ARNDT Contract No. 2000-18 with the Kodiak Chamber of Commerce in an amount not to exceed $33,000. Manager Jensen advised this would continue the Comprehensive Economic Development Strategy (CEDS) Program with the Kodiak Chamber of Commerce. Currently, CEDS was assisting Port Lions' effort to develop a local seafood processing facility. VOTE ON MOTION TO APPROVE Ayes: Noes: Absent: MOTION CARRIED Heinrichs, Turner, Abell, Arndt, Bonney, Branson None Spalinger Unanimous 2. Contract No. 2000-19 Professional Services Regular Assembly Meeting July 20, 2000 UNFINISHED BUSINESS CONTRACT NO. 2000-12 NEW BUSINESS CONTRACTS CONTRACT NO. 2000-18 Volume XXVI Page 107 for Selief Estates Subdivision Preliminary CONTRACT Design Project. NO. 2000-19 ARNDT, moved to approve seconded by BRANSON Contract No. 2000-20 with HDR Alaska, Inc of Anchorage in an amount not to exceed $31,000. Manager Jensen noted this was for professional services for the Selief Estates Subdivision preliminary design proposal. He said should a wetlands permit be required the cost for design would be $31,700. He noted an exclusion of a wetlands permit would put the project cost at $22,500. VOTE ON MOTION TO APPROVE Ayes: Turner, Abell, Arndt, Bonney, Branson, Heinrichs Noes: None Absent: Spalinger MOTION CARRIED Unanimous 3. Contract No. 2000-20 Acquisition of Foreclosed Property From the Department of CONTRACT Housing and Urban Development Under the '$1 NO. 2000-20 Home Sales to Local Governments Program' as a Specific Purpose Use for Transfer to Habitat for Humanity. (Property Located at 1563 Three Sisters Way) ARNDT, moved to approve seconded by BRANSON Contract No. 2000-20 with the Department of Housing and Urban Development for $1. Jensen said this allowed the Borough to purchase the foreclosed HUD property located at 1563 Three Sisters Drive for One (1) dollar. He said the Borough would then quit claim the property to Habitat for Humanity for the sum of One (1) dollar. He noted Habitat for Humanity would rehabilitate the property in accordance with all federal, state, and local building guidelines and resell the property to a low to moderate income first time home buyer. Assemblymember Turner thought this was a wonderful project and thanked the manager for bringing it forward. VOTE ON MOTION TO APPROVE Ayes: Abell, Arndt, Bonney, Branson, Heinrichs, Turner Noes: None Regular Assembly Meeting Volume XXVI July 20, 2000 Page 108 Absent: Spalinger MOTION CARRIED Unanimous B. RESOLUTIONS 1. Resolution No. 2000-20 Approving the Transfer of Kodiak Island Borough Property Acquired under the Department of Housing and Urban Development -$1 Home Sales to Local Governments Program' as a Specific Purpose to Habitat for Humanity. BRANSON, seconded by ARNDT moved to adopt Resolution No. 2000-20. Manager Jensen said this resolution transferred the property acquired at 1563 Three Sisters Drive from the Borough to Habitat for Humanity. VOTE ON THE MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED Arndt, Bonney, Branson, Heinrichs, Turner, Arndt None Spalinger Unanimous 2. Resolution No. 2000-21 Approving the Disposal and Terms of Sale of Tax Foreclosed Parcels to the U.S. Fish and Wildlife Service and Releasing One Parcel from Public Purpose Classification. TURNER, seconded by BRANSON moved to adopt Resolution No. 2000-21. Manager Jensen said this approved the sale of tax foreclosed properties located within the boundaries of the Kodiak National Wildlife Refuge. He said any proceeds from each individual sale exceeding taxes, penalties, and interest would be remitted to the owner of record. In response to Assemblymember Bonney, Manager Jensen noted even if the resolution failed, the Fish and Wildlife Service would retain the right of first refusal' on those properties and could potentially purchase them in the future for less money. VOTE ON THE MOTION TO ADOPT Ayes: Noes: Absent: Regular Assembly Meeting July 20, 2000 Branson, Heinrichs, Turner, Abell Bonney, Arndt Spalinger RESOLUTIONS RESOLUTION NO. 2000-20 RESOLUTION NO. 2000-21 Volume XXVI Page 109 MOTION CARRIED 4 Ayes; 2 Noes 3. Resolution No. 2000-22 Transferring the Kodiak Area Transit System (KATS) Assets to the Senior Citizen's of Kodiak, Inc. RESOLUTION NO. 2000-22 ABELL, moved to adopt seconded by HEINRICHS Resolution No. 2000-22. Jensen said this transferred ownership of two KATS vehicles and six bus shelters to the Senior Citizens of Kodiak. He noted the Senior Citizens of Kodiak received grant funds to operate a limited bus service for non-profit agencies. In response to Assemblymember Branson, Mayor Stevens ruled no conflict of interest existed as she did not benefit financially from the transfer. Assemblymember Abell thanked the Senior Citizens of Kodiak for continuing this valuable service. VOTE ON MOTION TO ADOPT Ayes: Branson, Heinrichs, Turner, Abell, Arndt, Bonney Noes: None Absent: Spalinger MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION None. ORDINANCES FOR INTRODUCTION D. OTHER ITEMS None. OTHER ITEMS CITIZENS' COMMENTS Gabrielle LeDoux, appreciated the Borough's CITIZENS' assistance in obtaining the property for Habitat for COMMENTS Humanity's first project in Kodiak. Ms. LeDoux noted that Judge Zilly's reasoning could be used as further justification of other fisheries closures. She urged the community to show a united front to save Alaskan fisheries. ASSEMBLYMEMBER COMMENTS Assemblymemeber Branson congratulated all the ASSEMBLYMEMBER employees who received awards. She also COMMENTS congratulated Barbara Burch and Lola Harvey on receiving the Alaskan First Lady's Volunteer Awards. Assemblymember Heinrichs also congratulated those employees who received longevity awards. He felt Regular Assembly Meeting Volume XXVI July 20, 2000 Page 110 the Borough benefited from having long-term employees. He was stunned by the closure of the trawl fishery and felt it would have a huge impact on this community. He felt it was important to address the 10 mill tax cap issue. He wanted to develop a white paper for the Borough with input from those who had served on the school budget committee. He said this year's budget concerns were minimal compared to what would happen with the tax cap in place. Assemblymember Turner congratulated Linda Freed, Sharon Blakeslee, and James Skog. She agreed that Judge Zilly's decision was devastating to Kodiak and urged everyone to support Alaskan fisheries. Mayor Stevens announced that the work session of July 27 and regular meeting of August 3 were canceled. The next Assembly work session would be Thursday, August 10 at 7:30 p.m. in the Borough conference room and the next regular meeting would be Thursday, August 17, at 7:30 p.m. in the Assembly chambers. ADJOURNMENT There being no further bu Assembly, the meeting adj ATTEST: it A. Nie sen, CM orough Clerk Approved: 8/17/2000 ADJOURNMENT Regular Assembly Meeting Volume XXVI July 20, 2000 Page 111