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2000-11-02 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting November 2, 2000 A regular meeting of the Kodiak Island Borough REGULAR MEETING Assembly was held November 2, 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 Reverend Mark Nymeyer of the Kodiak Bible Chapel, followed by the Pledge of Allegiance. There were present: ROLL CALL Mayor: Gary L. Stevens Assemblymembers: Tom Abell Greg Razo Pat Branson Wayne Stevens Robin Heinrichs Darlene Turner Absent: Tuck Bonney comprising a quorum of the Assembly; and Dave Jensen, Manager Judi Nielsen, Borough Clerk Patti Kirkpatrick, Deputy Clerk TURNER, moved to excuse seconded by BRANSON Assemblymember Bonney. VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous APPROVAL OF AGENDA APPROVAL OFAGENDA STEVENS, moved to approve the seconded by HEINRICHS agenda. HEINRICHS, moved to amend the agenda seconded by RAZO to add item 13.C.3 Resolution No. 2000-34 Urging the Fire Protection Area No. 1 Board and the Women Bay Service Area Board to Regular Assembly Meeting Volume XXVI November 2, 2000 Page 154 VOTE ON MOTION TO AMEND Ayes: Participate in the Process Necessary to Complete Functional Consolidation of Kodiak Island Road System Emergency and Fire Protection Services. Abell, Branson, Heinrichs, Razo, W. Stevens, Turner Noes: None Absent: Bonney MOTION CARRIED Unanimous VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES APPROVAL OFMINUTES 1. Kodiak Island Borough Assembly Regular Meeting of September 21 and October 19, 2000. HEINRICHS, moved to approve the seconded by BRANSON minutes of September 21 and October 19, 2000. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote AWARDS AND PRESENTATIONS AWARDS AND None. PRESENTATIONS CITIZENS' COMMENTS CITIZENS' Mike Milligan had read that the assembly opposed COMMENTS forming another school district funding task force. He agreed and noted that the report had been already been completed in 1996. COMMITTEE REPORTS COMMITTEE None. REPORTS Regular Assembly Meeting Volume XXVI November 2, 2000 Page 155 PUBLIC HEARING A. Ordinance No. 2000-15 Authorizing the Kodiak Island Borough to Issue General Obligation School Bonds, 2000 Series A, in the Principal Amount of Not to Exceed $1,485,000 to Provide Funds for School and Related Capital Improvements in the Borough, Fixing certain Details of Such Bonds and Authorizing the Sale. TURNER, moved to adopt Ordinance seconded by HEINRICHS No. 2000-15. W. STEVENS, moved to amend Ordinance seconded by BRANSON No. 2000-15 by substitution. Manager Jensen advised that the bond attorney had made minor corrections to the ordinance. VOTE ON MOTION TO AMEND Ayes: Noes: Absent: MOTION CARRIED Branson, Heinrichs, Razo, Stevens, Turner, Abell None Bonney Unanimous Mayor Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED Heinrichs, Razo, Stevens, Turner, Abell, Branson None Bonney Unanimous B. Ordinance No. 2000-16 Authorizing the Kodiak Island Borough to Issue Taxable General Obligation School Bonds, 2000 Series B in the Principal Amount of Not to Exceed $1,175,000 to Provide Funds for School and Related Capital Improvements in the Borough, Fixing Certain Regular Assembly Meeting November 2, 2000 PUBLIC HEARING ORDINANCE NO. 2000-15 ORDINANCE NO. 2000-16 Volume XXVI Page 156 Details of Such Bonds and Authorizing the Sale. STEVENS, seconded by BRANSON HEINRICHS, seconded by TURNER moved to adopt Ordinance No. 2000-16. moved to amend Ordinance No. 2000-16 by substitution. Manager Jensen advised that the bond attorney had made minor changes to pages 2 and 3 of the ordinance. VOTE ON MOTION TO AMEND Ayes: Noes: Absent: MOTION CARRIED Razo, Stevens, Turner, Abell, Branson, Heinrichs None Bonney Unanimous Manager Jensen advised the Internal Revenue Service (IRS) required that this bond be issued at a taxable rate since the funds had already been expended. Mayor Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. Assemblymember Abell was pleased that the ballot language was understandable to voters. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED BOROUGH MANAGER'S REPORT Stevens, Turner, Abell, Branson, Heinrichs, Razo None Bonney Unanimous Manager Jensen reported that Senator Stevens had done a good job in getting the National Marine Fisheries Services (NMFS) more time to compile an adequate opinion and obtaining relief for Alaskan fisheries. Manager Jensen noted the guide to the Fiscal Year Regular Assembly Meeting November 2, 2000 MANAGER'S REPORT Volume XXVI Page 157 2000-2001 financial budget, which was a summary of the Borough budget, would be available to the public soon. MESSAGES FROM MESSAGES FROM THE BOROUGH MAYOR THE MAYOR Mayor Stevens reminded Assemblymembers of their upcoming travel plans to the Alaska Municipal League Conference, Resource Development Council Conference, and the Southwestern Alaska Municipal League Conference. UNFINISHED BUSINESS UNFINISHED None. BUSINESS NEW BUSINESS NEW BUSINESS A. REORGANIZATION OF THE KODIAK ISLAND BOROUGH REORGANIZATION ASSEMBLY OF THE ASSEMBLY 1. Election of Deputy Mayor. ELECTION OF Mayor Stevens opened the nominations. DEPUTY MAYOR ABELL, moved to nominate seconded by HEINRICHS Assemblymember Branson as Deputy Mayor. Assemblymember Branson declined the nomination. BRANSON, moved to nominate seconded by W. STEVENS Assemblymember Heinrichs as Deputy Mayor. TURNER, moved to nominate seconded by ABELL Assemblymember W. Stevens as Deputy Mayor. Mayor Stevens closed the nominations and directed the clerk to distribute, collect, and tally the ballots. Clerk Nielsen announced that Assemblymember Heinrichs was elected to serve as Deputy Mayor. B. CONTRACTS CONTRACTS 1. Contract No. 2000-29 Kodiak Island Borough CONTRACT Information Services Analysis Consulting NO. 2000-29 Services Agreement. Regular Assembly Meeting Volume XXVI November 2, 2000 Page 158 STEVENS, moved to approve Contract seconded by BRANSON No. 2000-29 with Black and Veatch of Kansas City, MO in an amount not to exceed $30,000. Manager Jensen noted this contract had been revised for a change in section 7.6, by mutual agreement of both parties, that the liability be limited to $100,000. He recommended approval of the contract. In response to Assemblymember Razo, Finance Director, Karl Short explained that he would review the Borough's insurance policy to see what the exclusions were for lost data. He was comfortable that they had a good backup system in place. In response to Assemblymember W. Stevens, Director Short advised there was no significant changes to hardware or programming as a result of the contract. In response to Assemblymember Heinrichs, Director Short said that the quicker staff provided Black and Veatch with the needed information, the sooner the report would be done. Due to technical problems, Mayor Stevens called for a five minute recess. He reconvened the meeting at 8:12 p.m. Manager Jensen summarized that they had been discussing limiting the liability not to exceed $100,000 to Black and Veatch. He noted that this company had both network and mid-range experience. VOTE ON MOTION TO APPROVE Ayes: Noes: Absent: MOTION CARRIED C. RESOLUTIONS Turner, Abell, Branson, Heinrichs, Razo, W. Stevens None Bonney Unanimous 1. Resolution No. 2000-32 Establishing a Joint Kodiak Island Borough/City of Kodiak Fiscal Year 2002 Capital Improvement Projects Regular Assembly Meeting November 2, 2000 RESOLUTIONS RESOLUTION NO. 2000-32 Volume XXVI Page 159 Priority List. BRANSON, moved to adopt Resolution seconded by TURNER No. 2000-32. Manager Jensen said this was a joint Borough and City capital improvement projects priority list for Fiscal Year 2002. He noted this was an annual resolution and the Borough had first choice for the highest priority project. In response to Assemblymember Abell, Mayor Stevens read the list into the record. VOTE ON MOTION TO ADOPT Ayes: Abell, Branson, Heinrichs, Razo, W. Stevens, Turner Noes: None Absent: Bonney MOTION CARRIED Unanimous 2. Resolution No. 2000-33 Opposing Statewide RESOLUTION Ballot Measure 4 (Limiting Property NO. 2000-33 Assessment and Taxation to 10 Mils). TURNER, moved to adopt Resolution seconded by BRANSON No. 2000-33. Manager Jensen noted the resolution urged Kodiak voters to reject Ballot measure 4 and outlined the problems with the ballot initiative. He said Kodiak would suffer deep cuts in schools and service district services if Ballot measure 4 were to pass. Mayor Stevens was concerned of the impacts should the measure pass and felt this was a positive step for the Borough to take. He explained that: 1) service area mil rates were already at 10 mils, which left no room for additional growth and that could cause loss of services; 2) that property evaluations would be frozen causing inequality of taxes; and 3) that this was an Anchorage issue, which was not in the best interest of Kodiak. Assemblymember Branson supported the resolution, noting she was offended that Anchorage would try to dictate how to run local government. Regular Assembly Meeting Volume XXVI November 2, 2000 Page 160 Assemblymember Abell said it was time for government to listen to the voters and to stop waste. He opposed the resolution and would abstain from voting. Assemblymember Razo noted that the right to raise revenue would be taken away should Ballot measure 4 pass. He opposed limitations on local ability to raise taxes, which he felt would be devastating to any community and favored the resolution. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED Branson, Heinrichs, Razo, W. Stevens, Turner, Abell (abstained) None Bonney Unanimous 3. Resolution No. 2000-34 Urging the Fire RESOLUTION Protection Area No. 1 Board and the Women NO. 2000-34 Bay Service Area Board to Participate in the Process Necessary to Complete Functional Consolidation of Kodiak Island Road System Emergency and Fire Protection Services. HEINRICHS, moved to adopt Resolution seconded by W. STEVENS No. 2000-34. Assemblymember Heinrichs noted the resolution was the result of task force deliberations to look at functional consolidation of emergency road services. He said this was the first step towards overall consolidation. Assemblymember W. Stevens served on the task force and noted that it was time to move forward and show support of emergency services consolidation. Assemblymember Razo concurred, noting that they needed to work together to make the system more efficient and to reduce government waste. VOTE ON MOTION TO ADOPT Ayes: Heinrichs, Razo, W. Stevens, Turner, Abell, Branson Regular Assembly Meeting Volume XXVI November 2, 2000 Page 161 Noes: Absent: None Bonney MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2000-17 Determining the Disposition of Tax Foreclosed Properties From 1998 and Prior Tax Years. RAZO, moved to adopt Ordinance seconded by HEINRICHS No. 2000-17 to advance to public hearing on December 7, 2000. Manager Jensen noted the Planning and Zoning Commission had reviewed the six tax -foreclosed properties and recommended the following action: 1) One tax -foreclosed parcel be declared "public" and retained by the Borough for public use; 2) One tax - foreclosed parcel, previously designated for public purpose, be "undeclared" for public purpose and offered at a future land sale; and 3) Four tax - foreclosed parcels be declared not to be of "public need" and be offered at a future land sale. In response to Assemblymember Heinrichs, Manager Jensen clarified that one parcel on Woody Island would be retained for public use. He explained that this parcel was missed in the original U.S. Survey conducted in 1882 and subsequent years. He explained that Planning and Zoning commission had noted that the parcel on Mission Road was a small, steep lot that served no useful purpose to the Borough. VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED Razo, W. Stevens, Turner, Abell, Branson, Heinrichs None Bonney Unanimous 2. Ordinance No. 2000-18 Amending Kodiak Island Borough Code of Ordinances Title 8 Health and Safety, Chapter 8.04 Hospital and Health Facilities Advisory Board, Regular Assembly Meeting November 2, 2000 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 2000-17 ORDINANCE NO. 2000-18 volume XXVI Page 162 Section 8.04.010 Created --Membership to Clarify Board Member Qualifications. BRANSON, seconded by W. STEVENS moved to adopt Ordinance No. 2000-18 to advance to public hearing on December 7, 2000. Clerk Nielsen advised Phil Cline, Providence Kodiak Island Hospital administrator, had requested the hospital advisory board and mental health board qualifications be the same. She noted there were no restrictions in Alaska Statutes. VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED D. OTHER ITEMS W. Stevens, Turner, Abell, Branson, Heinrichs, Razo None Bonney Unanimous 1. Resignation of Planning and Zoning Commissioner. BRANSON, moved to accept the seconded by HEINRICHS resignation of Greg Razo and direct the Borough clerk to advertise the vacancy per Borough Code. VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED Regular Assembly Meeting November 2, 2000 Turner, Abell, Branson, Heinrichs, Razo, W. Stevens None Bonney Unanimous OTHER ITEMS RESIGNATION OF PLANNING AND ZONING COMMISSIONER volume XXVI Page 163 CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember W. Stevens looked forward to serving on the Assembly. Assemblymember Branson thanked former Assemblymembers Spalinger and Arndt for their work on the Assembly. She welcomed new members Wayne Stevens and Greg Razo. She commended staff on the Guide to the Fiscal Year 2002 Financial Budget, which she felt had valuable information to the community. She reminded the community to vote on Tuesday, November 7. Assemblymember Heinrichs was stunned by the passing of Steve Englund. He had known Steve through the fire service and would miss him. Assemblymember Turner reminded the as this was an important election. Assemblymember Heinrichs as deputy new members Wayne Stevens and Greg former members Spalinger and Arndt and assistance. community to vote She congratulated mayor and welcomed Razo. She thanked for their service Assemblymember Abell supported consolidation and looked forward to the day when government could be good neighbors. He encouraged the tax cap and urged the community to vote on Tuesday, November 7. Assemblymember Razo was looking forward to making positive changes to the community. He supported government coming together and working as an efficient organization. Mayor Stevens announced that due to Assembly travel the work session of November 9, joint assembly/council work session of November 14, and regular meeting of November 15 had been canceled. He said there would be a work session on Thursday, November 30 at 7:30 p.m. in the Borough conference room and a regular meeting on Thursday, December 7 at 7:30 p.m. in the Assembly chambers. Mayor Stevens advised members of the Assembly would travel to the Alaska Municipal League Conference in Juneau, November 9-14, the Resource Development Conference in Anchorage, November 15-17, and the Southwestern Alaska Municipal Conference in Regular Assembly Meeting November 2, 2000 CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXVI Page 164 Anchorage, November 30 through December 3. Mayor Stevens noted the Borough offices would be closed on Friday, November 10 in observance of Veteran's Day and Thursday and Friday, November 23-24 in observance of Thanksgiving. Mayor Stevens advised the general election was Tuesday, November 7, 2000. He said if you would be out of town on election day, that absentee in-person voting was available in the Borough clerk's office, room 101 in the Borough building from 8:00 a.m. to 5:00 p.m. through November 6. He noted that if you were unable to vote absentee in-person to contact the Division of Elections at 907-465-3021 to request an absentee ballot by fax. ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 8:4-9—p.m. 2ATEST Judith A. ie sen, CMC Borough Clerk L. Stevens, Ma Approved: 12/07/2000 ADJOURNMENT Regular Assembly Meeting Volume XXVI November 2, 2000 Page 165