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1999-04-01 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held April 1, 1999 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 Captain David Davis of the Salvation Army, followed by the Pledge of Allegiance. There were present: ROLL CALL Mayor: Gary L. Stevens Assemblymembers: Tom Abell Scott Arndt Tuck Bonney Pat Branson APPROVAL OF AGENDA STEVENS, seconded by BONNEY STEVENS, seconded by BONNEY Regular Assembly Meeting April 1, 1999 KODIAK ISLAND BOROUGH Regular Assembly Meeting April 1, 1999 Robin Heinrichs Wayne Stevens Greg Spalinger comprising a quorum of the Assembly; and Thomas J. Manninen, Manager Donna Smith, CMC /AAE, Clerk Patti Kirkpatrick, Assistant Clerk moved to approve the agenda and consent agenda. Clerk Smith read the items for consideration under "Consent Agenda ". moved to amend the agenda to add Contract No. 99 -07 Appraisal of Veteran of Foreign Wars (VFW) REGULAR MEETING APPROVAL OF AGENDA AND CONSENT AGENDA Volume XXV Page 31 VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED BRANSON, seconded by STEVENS VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS Regular Assembly Meeting April 1, 1999 Leasehold Interest in Borough Property. Abell, Arndt, Bonney, Branson, Heinrichs, Spalinger, Stevens None Unanimous VOTE ON MOTION TO APPROVE AS AMENDED MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES A. Kodiak Island Borough Assembly regular meeting of February 18, 1999 and special meeting of March 11, 1999. moved to approve the minutes of February 18 and March 11, 1999. Unanimous voice vote Manager Manninen presented the Employee of the Month Award for March to Mary Munk, general accountant in the Finance Department. Manager Manninen presented the Employee of the Month Award for April to Daniel Beaudry, maintenance engineer at the Kodiak Fisheries Research Center for the Engineering /Facilities Department. APPROVAL OF MINUTES AWARDS AND PRESENTATIONS A. Employees of the Month EMPLOYEES OF THE MONTH Volume XXV Page 32 STUDENTS OF THE B. Students of the Month MONTH Manager Manninen presented the Student of the Month Awards for March to Davis Eluska, a sophomore at Akhiok School, and Joe Hok, a senior at Old Harbor School. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing and General Comments. Mike Milligan spoke in favor of delaying the tax collection due date until after receipt of the Permanent Fund Dividend. He felt this would help citizens avoid being delinquent in paying property taxes. He also gave a brief satire on various Assemblymembers ordering a Big Mac. Eileen Probasco, co- coordinator of the Kodiak Skateboard Association, asked the Assembly to support the skateboard facility by providing $3,750 or twenty percent of an insurance policy indemnifying the City of Kodiak. She thought the funds could come from the Parks and Recreational fiscal year 1999 budget. She stated the skateboarders had raised most of the funds needed and urged the Assembly to place this issue on the next work session agenda. COMMITTEE REPORTS Phil Cline, Providence Kodiak Island Medical Center director, reported that the hospital's financial performance was good. He said the department managers were controlling overhead, and he would provide the final audit in three to four weeks. He advised that the CT scan machine was not Y2K compatible and not upgradable; however, he was still negotiating options with the CT scan company. The hospital was in the process of recruiting orthopedic and general surgeons. He was confident there would be uninterrupted services to the community. In response to Assemblymember Bonney, Mr. Cline Regular Assembly Meeting April 1, 1999 CITIZENS' COMMENTS COMMITTEE REPORTS Volume XXV Page 33 explained the Borough was responsible for purchasing equipment for the hospital, regardless of whether the hospital made or lost money. COMMITTEE REPORTS Assemblymember Arndt reported the Island Lake Task Force had developed rules of the Lake that were mailed to property owners within 500 feet of the Lake. The Task Force would present their findings to the Assembly at a work session in May. Assemblymember Heinrichs reported the Joint Building Review Code Ad Hoc Committee was reviewing changes to the building codes. He said the meetings were productive, and the committee would be presenting recommendations to the Assembly. PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. A. New Winery Application Submitted by Judith J. NEW WINERY Lucas to be Located at Mile 36 1/4 Chiniak APPLICATION Highway, Chiniak, Kodiak Island Borough, Alaska. HEINRICHS, seconded by ABELL Regular Assembly Meeting April 1, 1999 moved to voice non - objection to the new winery application submitted by Judith J. Lucas to the Alcoholic Beverage Control Board subject to the following two conditions: 1) Kodiak Island Borough zoning and building codes must be adhered to; 2) Applicant needs to specify on the ABC liquor license application the exact legal description as well COMMITTEE REPORTS Volume XXV Page 34 as the assigned street number for the location of the winery. Manager Manninen stated there was no objection to approving the application. VOTE ON MOTION TO APPROVE Ayes: Arndt, Bonney, Branson, Heinrichs, Spalinger, Stevens, Abell Noes: MOTION CARRIED None Unanimous MESSAGES FROM THE BOROUGH MANAGER MESSAGES FROM MANAGER Manager Manninen reported the Borough budget would be presented to the Assembly in two weeks. He advised the legislature was exploring elimination of the Municipal Assistance /Revenue Sharing Program. In the past, revenue sharing had been reduced five to seven percent each year; however, this was the first year where the legislature threatened to eliminate the funding. He said eliminating the funding would affect the villages the most. He urged the community and Assembly to contact their legislative representatives to let them know that eliminating the Municipal Assistance /Revenue Sharing Program would affect our community. He felt it was the duty of the community and Assembly to remain vigilant until the legislative body adjourned May 21. Manager Manninen noted that the University of Alaska - Fairbanks (UAF) had not signed the lease agreement for space at the Kodiak Fisheries Research Center. He advised that should the Borough accept the contract that UAF proposed, the Borough would lose $400,000 over the next twenty years. Regular Assembly Meeting April 1, 1999 Volume XXV Page 35 Manager Manninen said the assessor had delineated the re- appraisals for the Borough for a ninety percent increase on new property and new lots and ten percent on re- appraisals. Manager Manninen reported the Mental Health Center agreement was approximately $400,000 a year. He was negotiating for a multi -year contract with options to 2007. He would try to stay within the current budget of $400,000. Manager Manninen stated the Emergency Services Consulting Group (ESCG) would be in Kodiak on Friday, April 9, 1999 to meet with fire department officials to review their draft study proposal. Manager Manninen advised he would attend the semi- annual manager meetings in Juneau prior to the Alaska Municipal League (AML) legislative meetings in Juneau on April 29 and 30. Manager Manninen stated that as a part of the budget packet there would be a listing of each borough employee including position, salary, benefits, and total cost to the Borough. He suggested a copy of the employee position and salary updates be available through either the clerk's office or the manager's office. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM THE MAYOR Mayor Stevens reported that he participated in a teleconference with AML on April 1. He advised that the House Finance Committee intended to completely eliminate all revenue sharing programs in order to reduce the state budget, which would seriously affect the Kodiak Island Borough. If state revenue sharing was eliminated, the City of Port Lions would lose $38,000 or 24% of their annual general fund budget, the City of Old Harbor would lose $35,000 or 19 %, the City of Larsen Bay would lose $28,000 or 19 %, the City of Ouzinkie would lose $33,000 or 15 %, the City of Akhiok would lose $3,600 or 7.6 %; the City of Kodiak would lose $560,00 or 5 %, and Karluk would not receive a portion of the Borough's revenue sharing. Regular Assembly Meeting April 1, 1999 Volume XXV Page 36 In addition to the losses to the Borough, the City of Kodiak, and the villages, several other community entities would lose their revenue sharing funding. These entities would include Bayside Fire Department at $17,000, Womens Bay Fire Department at $500, Providence Kodiak Island Medical Center at $67,000, Womens Bay Road Service Area at $8,000, Service District No. 1 at $9,000, Monashka Bay Road Service Area at $1,800, Bay View Road Service Area at $700, Fire Protection Area No. 1 at $16,000, Woodland Acres Street Light Service Area at $100, and the Hospital Enterprise Fund at $67,000 as well as losses to the non - profit organizations' contributions from the Borough. Mayor Stevens urged community members to contact their legislative representatives in Juneau and to participate in the public testimony teleconference on Tuesday, April 6, from 4:00 to 10:00 p.m. Interested persons should contact the Kodiak Legislative Information Office at 486 -8116 for more information on the teleconference. He stated that eternal vigilance was the price of liberty and it was in the community's best interest to be aware of what was going on in the state legislature for the next several weeks. UNFINISHED UNFINISHED BUSINESS BUSINESS None. NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 99 -05 Lease Agreement for One CONTRACT Xerox DC230 Copier. NO. 99 -05 HEINRICHS, seconded by BRANSON Regular Assembly Meeting April 1, 1999 moved to approve Contract No. 99 -05 with Radar Alaska for lease of one Xerox DC230 copier for three years at $1051.16 per month. Volume XXV Page 37 Manager Manninen reported that he had provided all requested information to the Assembly at the previous work session. He recommended approval of the copier lease with Radar Alaska. In response to Assemblymember Arndt, Manager Manninen stated that the Xerox representative had been ill and had not submitted a letter explaining that this was a 36 month lease; however, he had been assured by the representative that xerox would honor the lease for $1051.16 for 36 months. Assemblymember Arndt felt it was inappropriate to award a contract without proper back -up materials and thought to postpone the contract to the next meeting. Assemblymember Stevens thought it would be appropriate to approve the lease with a specified amount per month that staff could not exceed. Assemblymember Branson agreed and thought it was time to trust staff's judgment and move ahead with the contract. Assemblymember Arndt stated his concern was with the potential shortfall of the budget. He failed to see how the Assembly could enter into an agreement to increase expenses when there was a potential for budget cuts. VOTE ON MOTION TO APPROVE Ayes: Arndt, Bonney, Branson, Heinrichs, Stevens Noes: Abell, Spalinger MOTION CARRIED 5 Ayes, 2 Noes CONTRACT 2. Contract Number 99 -07 Appraisal of Veteran NO. 99 -07 of Foreign Wars (VFW) Leasehold Interest in Borough Real Property. BONNEY, moved to approve Contract seconded by ARNDT 99 -07 with Affiliated Regular Assembly Meeting April 1, 1999 Volume XXV Page 38 Manager Manninen provided an overview of the appraisal. He recommended approving the contract with Affiliated Appraisers of Alaska in an amount not to exceed $5,500. Assemblymember Heinrichs thanked staff for their excellent work in preparing the request for proposal. Assemblymember Arndt concurred. VOTE ON MOTION TO APPROVE Ayes: Noes: MOTION CARRIED B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 99 -05 Authorizing the RESOLUTION Records Manager to Dispose of Certain NO. 99 -05 Kodiak Island Borough Records. BRANSON, moved to adopt Resolution seconded by BONNEY No. 99 -05. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Regular Assembly Meeting April 1, 1999 Appraisers of Alaska in an amount not to exceed $5,500. Arndt, Bonney, Branson, Heinrichs, Spalinger, Stevens, Abell None Unanimous Bonney, Branson, Heinrichs, Spalinger, Stevens, Abell, Arndt None Unanimous Volume XXV Page 39 C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 99 -01 Amending Title 3 REVENUE AND FINANCE of the Kodiak Island Borough Code of Ordinances by Amending Section 3.16.100 Change orders - Manager Authority to Require the Signatures of Two Assemblymembers in the Absence of the Mayor and Deputy Mayor on Change Orders Exceeding Ten Thousand Dollars ($10,000). Ordinance No. 99 -01 was advanced to public hearing on April 15, 1999 under "Consent Agenda ". 2. Ordinance No. 99 -02 Amending Title 3 REVENUE AND FINANCE of the Kodiak Island Borough Code of Ordinances by Amending Section 3.20.088 Tax due dates and delinquency and Section 3.20.090 Late payments- Penalty and interest to Allow a Postmark by the United States Post Office Prior to Midnight on Tax Payment Due Dates. Ordinance No. 99 -02 was advanced to public hearing on April 15, 1999 under "Consent Agenda ". D. OTHER ITEMS 1. Confirmation of Mayoral Appointment to the Planning and Zoning Commission. Mayor Stevens requested confirmation of his appointment of Marty Schuravloff to the Planning and Zoning Commission to a city seat to expire December 2000. STEVENS, seconded by ARNDT Regular Assembly Meeting April 1, 1999 moved to confirm the mayoral appointment of Marty Shuravloff to the Planning and Zoning Commission. ORDINANCES FOR INTRODUCTION ORDINANCE NO. 99 -01 ORDINANCE NO. 99 -02 OTHER ITEMS APPOINTMENT TO THE PLANNING AND ZONING COMMISSION Volume XXV Page 40 VOTE ON MOTION TO CONFIRM MOTION CARRIED Unanimous voice vote 2. Confirmation of Mayoral Appointment to the Airport Advisory Committee. Mayor Stevens requested confirmation of his appointment of Dean Andrew to the Airport Advisory Committee to a seat to expire December 2001. BONNEY, seconded by BRANSON VOTE ON MOTION TO CONFIRM moved to confirm the mayoral appointment of Dean Andrew to the Airport Advisory Committee. MOTION CARRIED Unanimous voice vote Ayes: 3. Kodiak Maritime Museum Funding Proposal for Design and Construction of the Waterfront Enhancement Project. BONNEY, seconded by ARNDT VOTE ON MOTION TO APPROVE Regular Assembly Meeting April 1, 1999 moved to approve the request for the Kodiak Maritime Museum Waterfront Enhancement Project in an amount not to exceed $10,000. Manager Manninen stated this was the amount of funding the Borough had agreed to provide. Assemblymember Arndt clarified that $2,500 would be funded from the Parks and Recreation fiscal year 1999 budget and $7,500 would be funded from the Parks and Recreation fiscal year 2000 budget. Branson, Heinrichs, Spalinger, Stevens, Abell, Arndt, Bonney APPOINTMENT TO THE AIRPORT ADVISORY COMMITTEE WATERFRONT ENHANCEMENT PROJECT Volume XXV Page 41 Noes: None MOTION CARRIED Unanimous INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Meetings of January 20 and February 17, 1999. 2. Personnel Advisory Board Meeting of January 27, 1999. 3. Providence Kodiak Island Mental Health Center Advisory Board Meeting of January 25, 1999. 4. Service District No. 1 Board Meetings of January 19 and February 2, 1999. 5. Kodiak Island Borough School District Board of Education Meetings of December 14, 1998 and January 4 and 25, 1999. 6. Womens Bay Service Area Board Meeting of February 22, 1999. B. REPORTS REPORTS Regular Assembly Meeting April 1, 1999 1. Kodiak Island Borough 1998 Comprehensive Annual Financial Report. 2. Kodiak Island Borough March 1999 Financial Report. 3. Providence Kodiak Mental Health Center Director's Report for January 1999. 4. Providence Kodiak Island Mental Health Center Clinicians in the Schools Program Report for February, 1999. 5. Kodiak Island Borough School District Board of Education Summary of February 15, 1999 Regular Meeting. C. OTHER OTHER 1. City of Kodiak Transition Plan for the Annexation of the Kodiak Island Borough Fire Protection Area No. 1. Volume XXV Page 42 CITIZENS' COMMENTS Wally Johnson called in to advise that the Assembly and staff could not be heard on tv. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Stevens congratulated the employees and students of the month. He expressed his disdain with the State in shifting the burden of balancing the budget onto local governments and tax payers. He urged tax payers to stand up for their rights and express their feelings to the legislature. Assemblymember Branson congratulated the employees and students of the month. She urged the community to rally together and provide a united front to the legislature on maintaining current funding. Assemblymember Arndt advised his intent to file for reconsideration on Contract No. 99 -05, Xerox copier lease. Assemblymember Abell did not want a lack of funding and insurance to stop the skateboard park from happening. He urged the community to get involved with the budget process. Assemblymember Heinrichs congratulated the employees and students of the month. He said Mary Munk was a consummate professional who he enjoyed working with. He stated that prior increases to the mill rate could be traced back to decreases in revenue sharing. He did not want to see that happen again and encouraged the community to get involved in the budget process. Regular Assembly Meeting April 1, 1999 CITIZENS' COMMENTS Volume XXV Page 43 Mayor Stevens announced that the Assembly would meet in work sessions on Thursday, April 8, and Tuesday, April 13 at 7:30 p.m. in the Borough conference room and a regular meeting on April 15 at 7:30 p.m. in the assembly chambers. There being no further business to come before the ADJOURNMENT Assembly, the meeting adjourned at 9:00 p.m. ATTEST: Donna F. Smith, CMC /AAE Borough Clerk Regular Assembly Meeting April 1, 1999 Gar Stever Bo ough Mayor APPROVED: 04/15/99 Volume XXV Page 44