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1999-04-15 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held April 15, 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 (arrived 7:42 p.m.) Assemblymembers: Tom Abell Scott Arndt Tuck Bonney Absent: Robin Heinrichs comprising a quorum of the Assembly; and Thomas J. Manninen, Manager Donna Smith CMC /AAE, Clerk Judi Nielsen CMC, Deputy Clerk Assemblymember Heinrichs was absent and asked to be excused. ARNDT, seconded by BONNEY VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote Presiding Assemblymember Stevens announced that Mayor Stevens was participating in a teleconference with Regular Assembly Meeting April 15, 1999 KODIAK ISLAND BOROUGH Regular Assembly Meeting April 15, 1999 Pat Branson Greg Spalinger Wayne Stevens moved to excuse Assemblymember Heinrichs. REGULAR MEETING Volume XXV Page 45 the Senate Finance Committee chairs Parnell and Torgerson regarding the potential elimination of municipal assistance and revenue sharing and, therefore, would be arriving late. APPROVAL OF AGENDA ARNDT, moved to approve the seconded by BONNEY agenda. ABELL, seconded by ARNDT VOTE ON MOTION TO AMEND Ayes: Regular Assembly Meeting April 15, 1999 moved to amend the agenda by adding item 13.B.2 Resolution No. 99 -08 Urging the United States Government to Purchase Surplus Alaskan Pink Salmon for Aid Packages to the Balkans, and by adding item 13.D.1 Mayoral Appointment of an Assembly Representative to the Habitat for Humanity - Kodiak Committee. Abell, Arndt, Bonney, Branson, Spalinger, Stevens Noes: None Absent: Heinrichs MOTION CARRIED Unanimous VOTE ON MOTION TO APPROVE AS AMENDED Ayes: Arndt, Bonney, Branson, Spalinger, Stevens, Abell Noes: None Absent: Heinrichs APPROVAL OF AGENDA Volume XXV Page 46 MOTION CARRIED Unanimous APPROVAL OF MINUTES A. Kodiak Island Borough Assembly regular meeting of April 1, 1999. ARNDT, seconded by ABELL VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote AWARDS AND PRESENTATIONS A. Student of the Month Manager Manninen presented the Student of the Month Award to Michelle Sabangan, a freshman at Kodiak High School. B. Proclamations Presiding Assemblymember Stevens proclaimed April 18- 24, 1999 National County and Borough Government Week, urging all citizens to actively participate in local government and to support programs that contribute to the quality of life of all Kodiak Island Borough citizens. Presiding Assemblymember Stevens proclaimed May 2 -8, 1999 Municipal Clerks Week in honor of Kodiak Island Borough Clerk, Donna Smith; Deputy Clerk, Judi Nielsen; Assistant Clerk, Patti Kirkpatrick; as well as the following Kodiak Island Municipal Clerks: City of Kodiak Clerk, William Maloney and Deputy Clerk, Debbie Marlar; City of Akhiok Clerk, Kara Simeonoff; City of Larsen Bay Clerk, Tammy Aga; City of Old Harbor Clerk, Jonetta Cratty; City of Ouzinkie Clerk, Debra Garner; and City of Port Lions Clerk, Evelyn Mullan in appreciation of the vital services municipal clerks perform and their exemplary dedication to the communities they represent. Regular Assembly Meeting April 15, 1999 moved to approve the minutes of April 1, 1999. APPROVAL OF MINUTES AWARDS AND PRESENTATIONS STUDENT OF THE MONTH PROCLAMATIONS NATIONAL COUNTY AND BOROUGH GOVERNMENT WEEK MUNICIPAL CLERKS WEEK Volume XXV Page 47 Mayor Stevens arrived at 7:42 p.m. Presiding Assemblymember Stevens passed the gavel to Mayor Stevens. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing and General Comments. Mike Milligan spoke of Resolution No. 99 -08 as a unique opportunity for the Borough and State of Alaska to help feed the Balkan refugees. It was expected that more than one million meals would be served each day. He hoped the U.S. Government would purchase the salmon and support Alaska's fishermen. Mayor Stevens said he participated in a teleconference before the Senate Finance Committee regarding the impact of the elimination of state municipal assistance and revenue sharing. COMMITTEE REPORTS COMMITTEE REPORTS None. 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. Ordinance No. 99 -01 Amending Title 3 REVENUE AND ORDINANCE FINANCE of the Kodiak Island Borough Code of NO. 99 -01 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). STEVENS, moved to adopt seconded by BONNEY Ordinance No. 99 -01. Manager Manninen explained that the change would require two assemblymembers to sign change orders in the absence of the mayor and deputy mayor. Regular Assembly Meeting April 15, 1999 CITIZENS' COMMENTS Volume XXV Page 48 Mayor Stevens 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: Bonney, Branson, Spalinger, Stevens, Abell, Arndt Noes: None Absent: Heinrichs MOTION CARRIED Unanimous B. Ordinance No. 99 -02 Amending Title 3 REVENUE AND ORDINANCE FINANCE of the Kodiak Island Borough Code of NO. 99 -02 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. SPALINGER, moved to adopt seconded by ARNDT Ordinance No. 99 -02. Manager Manninen thought staff should speak to the added time and effort needed if the code was changed. Mayor Stevens said this was in response to a village resident who received a penalty for late payment of taxes because weather prevented the mail planes from flying. Mayor Stevens opened the public hearing. Karl Short, Borough finance director, said the current system had been in place for years and few complaints were received. He advised that payment options included credit cards and direct bank wiring of funds. He said tax statements were mailed on June 1; however, the taxes were not due until October 15. He Regular Assembly Meeting April 15, 1999 Volume XXV Page 49 suggested that penalties be applied administratively seven days after the due date. Jennifer Kocurek, Borough cashier, did not want a difficult process for the public; however, she anticipated $2000 in overtime to track postmark dates and adjust penalties and interest. She also saw a potential for a loss of tax penalties if mortgage companies mailed tax payments on the due date. Robyn Cassidy phoned to say that her clients had been penalized in the past because they had not realized that the postmark date was not sufficient. She noted that other government agencies accepted postmarks. Mayor Stevens closed the public hearing and reconvened the regular meeting. There was general discussion about a seven -day grace period and the technology in place that could assess penalties to all accounts that were not paid within seven days of the due date. STEVENS, seconded by BRANSON moved to amend Ordinance No. 99 -02 by adding the words: "and received within seven days of that date ". General discussion ensued about penalties to village residents when weather prevented planes from flying and the fact that the federal government accepted postmarks. VOTE ON MOTION TO AMEND Ayes: Stevens Noes: Branson, Spalinger, Abell, Arndt, Bonney Absent: Heinrichs MOTION FAILED 1 Aye, 5 Noes Regular Assembly Meeting April 15, 1999 Volume XXV Page 50 VOTE ON MOTION TO ADOPT Ayes: Spalinger, Abell, Arndt, Bonney, Branson, Noes: Absent: MOTION CARRIED MESSAGES FROM THE BOROUGH MANAGER A. Kodiak Island Borough Fiscal Year 2000 Budget Presentation. Manager Manninen gave a slide presentation and overview of the fiscal year 2000 draft budget. He thanked the Borough Finance Department and Management Information Systems staffs for their tremendous team effort to prepare the budget. After a ten minute recess at 9:27 p.m., Mayor Stevens reconvened the regular meeting. MESSAGES FROM THE BOROUGH MAYOR Regular Assembly Meeting April 15, 1999 Stevens Heinrichs 5 Ayes, 1 No Mayor Stevens reported that the threatened loss of state municipal assistance and revenue sharing funds was not a scare tactic. The House Finance Committee eliminated the funding and now the question was before the Senate Finance Committee. He thanked Manager Manninen and Director Short for including a scenario of a ten to fifty percent reduction of those funds in the budget presentation. The reduction would also impact medical providers such as the Kodiak Area Native Association, Kodiak Council on Alcoholism, Kodiak Women's Resource and Crisis Center, and the Kodiak Baptist Mission who received pass- through funds. He said Senator Torgerson proposed Senate Bill 154 that would replace some funds based on services. MESSAGES FROM MANAGER KIB FISCAL YEAR 2000 BUDGET PRESENTATION MESSAGES FROM THE MAYOR Volume XXV Page 51 OLD BUSINESS OLD BUSINESS A. Reconsideration of Contract No. 99 -02 Lease RECONSIDERATION Agreement for One Xerox DC230 Copier. OF CONTRACT NO. 99 -02 ARNDT, seconded by SPALINGER moved to reconsider the action taken to approve Contract No. 99 -05 with Radar Alaska for lease of one Xerox DC230 copier for three years at $1,051.16 per month. Assemblymember Arndt questioned the backup information and the fact that the copy volume was reduced from 37,275 to 30,000, which he felt was still overstated. The budget to date would use $491,000 of the fund balance but potential shortfalls were not reflected. He said expenditures had to be reduced or the fund balance would be depleted and the Borough would have serious financial consequences. Assemblymember Branson felt this was timely as staff was in need of a new copier. VOTE ON MOTION TO RECONSIDER Ayes: Abell, Arndt, Spalinger Noes: Stevens, Bonney, Branson Deciding vote: Aye Mayor Stevens Absent: Heinrichs MOTION CARRIED 4 Ayes, 3 Noes The motion to "approve Contract No. 99 -05 with Radar Alaska for lease of one DC230 copier for three years at $1,051.16 per month" was before the Assembly. Regular Assembly Meeting April 15, 1999 Volume XXV Page 52 Manager Manninen said the quote from Radar Alaska indicated that the copier was added to the state contract would result in a reduced purchase price of $852.10 per month and 30,000 copies per month. ARNDT, seconded by ABELL moved to postpone Contract No. 99 -05 until completion of the budget process. Assemblymember Arndt was concerned with the Borough's current financial situation and felt it was prudent to postpone the contract. Assemblymember Stevens felt the documentation was sufficient, and he wanted staff to have the tools needed to work efficiently. Assemblymember Abell saw the new contract price; however, he understood the city had proposed to buy a new copier, and he felt the borough and city could work together to save taxpayers money. Assemblymember Branson felt it was not prudent to postpone. Manager Manninen noted that the borough, city, and school district shared facilities; however, there were some conflicts with projects. He said staff required basic tools to be effective. Mayor Stevens said the loss of municipal assistance and revenue sharing would have community -wide impact, and he could foresee a need to discuss potential personnel reductions. Assemblymember Stevens felt it was penny wise and pound foolish to pay for maintenance and for staff to spend time to find a working copier. VOTE ON MOTION TO POSTPONE Ayes: Noes: Regular Assembly Meeting April 15, 1999 Abell, Arndt, Spalinger Bonney, Branson, Stevens Volume XXV Page 53 Deciding vote: Aye Mayor Stevens Absent: Heinrichs MOTION CARRIED 4 Ayes, 3 Noes NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS None. B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 99 -07 Urging the House and RESOLUTION Senate Finance Committees to Continue to NO. 99 -07 Fund Safe Communities /State Revenue Sharing. ARNDT, moved to adopt seconded by BONNEY Resolution No. 99 -07 The Assembly asked that the impact to non - profits providing health services be included in the resolution. VOTE ON MOTION TO ADOPT Ayes: Arndt, Bonney, Branson, Spalinger, Stevens, Abell Noes: None Absent: Heinrichs MOTION CARRIED Unanimous 2. Resolution No. 99 -08 Urging the United RESOLUTIONS States Government to Purchase Surplus No. 99 -08 Alaskan Pink Salmon for Aid Packages to the Balkans. ARNDT, moved to adopt seconded by BONNEY Resolution No. 99 -08. Regular Assembly Meeting April 15, 1999 Volume XXV Page 54 There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Bonney, Branson, Spalinger, Stevens, Abell, Arndt Noes: Absent: MOTION CARRIED Noes: None Heinrichs Unanimous C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS 1. Mayoral Appointment of an Assembly Representative to the Habitat for Humanity - Kodiak Committee. Mayor Stevens requested confirmation of his appointment of Assemblymember Tom Abell to the Committee. ARNDT, seconded by BONNEY moved to confirm the mayoral appointment of Assemblymember Tom Abell to the Habitat for Humanity - Kodiak Committee. There was no discussion by the Assembly. VOTE ON MOTION TO CONFIRM Ayes: Branson, Spalinger, Stevens, Abell, Arndt, Bonney Regular Assembly Meeting April 15, 1999 None ORDINANCES FOR INTRODUCTION OTHER ITEMS MAYORAL APPOINTMENT OF AN ASSEMBLY REPRESENTATIVE TO THE HABITAT FOR HUMANITY - KODIAK COMMITTEE Volume XXV Page 55 Absent: MOTION CARRIED A. MINUTES OF OTHER MEETINGS None. B. REPORTS None C. OTHER CITIZENS' COMMENTS Regular Assembly Meeting April 15, 1999 Heinrichs Unanimous INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS 1. Kodiak Island Borough School District Board of Education Summary of Regular Meeting of March 29, 1999. Clarence Selig phoned to comment on Senate Joint Resolution 18 requesting that Exxon Corporation pay the court ordered damages of five million dollars for the Exxon Valdez oil spill. The oil spill had an island -wide impact, and he asked for support of the resolution so that Exxon would honor the judgement. Assemblymember Stevens congratulated Michelle Sabangan as the Student of the Month. He thanked Mayor Stevens for speaking before Rotary and the Chamber of Commerce about the impact of the reduced municipal assistance and revenue sharing. He announced that there would be a small business conference sponsored by the Chamber of Commerce at Kodiak College the week of April 19. Assemblymember Branson appreciated Mike Milligan for his resolution to include Alaskan pink salmon in aid packages to the Balkan refugees. She thanked the finance department staff for preparing the budget presentation. She hoped to communicate with the MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXV Page 56 community to work through a challenging budget process. Assemblymember Arndt foresaw a shortfall in the current budget, yet spending continued. He felt the fiscal year 2000 fund balance would be reduced by $400,000 if municipal assistance and revenue sharing was eliminated. He said difficult decisions had to be made so that the burden would not be shifted to future years. Assemblymember Abell agreed with Assemblymember Arndt. He wanted the copier purchase incorporated into the budget because he could foresee in -house shortfalls as well as state funding reductions. Mayor Stevens announced that the Assembly would meet in a joint work session followed by a work session on Tuesday, April 20, at 7:30 p.m. in the borough conference room; work sessions on Thursday, April 22 and Tuesday, April 27, at 7:30 p.m. in the borough conference room; and a regular meeting on May 6, at 7:30 p.m. in the assembly chambers. He announced that he and members of the Assembly would travel to Juneau to attend the AML Legislative Committee Meetings April 29 and 30. There being no further business to come before the ADJOURNMENT Assembly, the meeting adjourned at 10:12._m. ATTEST: Donna F. Smith, CMC /AAE Borough Clerk Regular Assembly Meeting April 15, 1999 G ry Stevens, Mayor APPROVED: 05/06/99 Volume XXV Page 57