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1999-07-01 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting July 1, 1999 A regular meeting of the Kodiak Island Borough Assembly was held July 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 Rachel Pence of the Baptist Mission, followed by the Pledge of Allegiance. There were present: ROLL CALL Mayor: Gary L. Stevens Assemblymembers: Tom Abell Greg Spalinger Scott Arndt (arrived at 7:40 p.m. Tuck Bonney Wayne Stevens Pat Branson Absent: Robin Heinrichs and Scott Arndt. STEVENS, seconded by BONNEY Linda Freed, Interim Manager Judi Nielsen, CMC, Borough Clerk Patti Kirkpatrick, Deputy Clerk Regular Assembly Meeting July 1, 1999 moved to excuse Assemblymembers Heinrichs and Arndt. VOTE ON MOTION MOTION CARRIED Unanimous voice vote comprising a quorum of the Assembly; and REGULAR MEETING Volume XXV Page 136 APPROVAL OF AGENDA AND CONSENT AGENDA STEVENS, seconded by BRANSON Clerk Nielsen read the items for consideration under "Consent Agenda ". VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES A. Kodiak Island Borough Assembly regular meeting of June 3, and special meetings of June 1, June 8, and June 12, 1999. BONNEY, seconded by BRANSON VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS A. Employee of the Month EMPLOYEE OF THE MONTH Manager Freed presented the Employee of the Month Award to Linda Moore, human resource assistant in the Borough manager's office. CITIZENS' COMMENTS Regular Assembly Meeting July 1, 1999 moved to approve the agenda and consent agenda. moved to approve the minutes of June 3, and special meetings of June 1, June 8, and June 12, 1999. Unanimous voice vote A. Agenda Items Not Scheduled For Public Hearing and General Comments. Marian Johnson thanked the Assembly for supporting the Historical Society. APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS CITIZENS' COMMENTS Volume XXV Page 137 Father Piscious said the requested funds for St. Innocent's Academy were to help Kodiak's troubled youth. He thanked the Assembly for their consideration. Dr. Bob Johnson phoned in favor of supporting all non - profits. Joy Arneson thanked the Assembly for supporting the Kodiak Arts Council. Paul Alexander phoned in support of additional funding for the Women's Resource and Crisis Center. Trevor Jones thanked the Assembly for supporting the Baptist Mission. Pat Fox was in favor of funding schools, not non- profits. She wondered if Assemblymembers Stevens and Branson's positions were funded by non - profit funds and if that was a conflict of interest. Mayor Stevens pointed out that non - profit funding had been reduced due to state revenue cuts and the Borough had never used general funds to support non- profits. In response to the conflict of interest, Mayor Stevens noted that neither Assemblymember's salaries were paid out of non - profit funding. Susanne Cooley thanked the Assembly for their past contributions to Small World and urged continued funding. Beryl Lassen thanked the Assembly for supporting the Senior Center. Mary Patterson and Gary Marlar thanked the Assembly for supporting Safe Harbor. Rhea Eisenhauer thanked the Assembly for supporting the Native Youth Olympics. Mike Milligan felt non - profits managed people more effectively than the government or private sector. He appreciated that the Assembly had not reduced the Regular Assembly Meeting July 1, 1999 Volume XXV Page 138 non - profits as much as they could have. He urged the Assembly to request a breakdown of the cost per student each year and require the school district to submit a resolution with that breakdown prior to budget discussions. Captain Dave Davis thanked the Assembly for supporting the Salvation Army. Nancy Wells thanked the Assembly for supporting the KANA programs. She asked that non - profits receive advanced notice of future reductions. Mayor Stevens said the state may eliminate revenue sharing; therefore, there would be no funding from the Borough. Lawrence Ossowski thanked the Assembly for supporting the Senior Center. Laticia Robb urged the Assembly to increase funding for the Women's Resource and Crisis Center. Samantha Marlar urged the Assembly to increase funding to the Safe Harbor Program. Roger Reddekopp thanked the Assembly for their hard work and difficult discussion during the budget process. He urged the community to attend Assembly meetings rather than waiting until the last minute to ask for funds. He thanked Assemblymember Branson for her diligence on the non - profit funding. Mayor Stevens thanked everyone for speaking. He said the Assembly appreciated the non - profits and their had work. He said future revenue sharing funding was bleak and urged non - profits to research other revenue sources. COMMITTEE REPORTS None. Regular Assembly Meeting July 1, 1999 COMMITTEE REPORTS Volume XXV Page 139 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 -03 Rezoning Lots 15A, 15B, 15C, ORDINANCE and 15D U.S. Survey 3099 From R -1 -- Single Family NO. 99 -03 Residential To R- 2 - -Two Family Residential. (2903, 2911, 2927, and 2933 Spruce Cape Road) ARNDT, moved to adopt Ordinance seconded by BONNEY No. 99 -03. Manager Freed gave a brief history on the property. VOTE ON MOTION TO ADOPT Ayes: Abell, Arndt, Bonney, Branson, Spalinger, Stevens Noes: None Absent: Heinrichs MOTION CARRIED Unanimous B. Ordinance No. 99 -04 Amending Kodiak Island Borough Code of Ordinances Title 15 Buildings ORDINANCE and Construction to Standardize the Kodiak NO. 99 -04 Island Borough and the City of Kodiak Building Codes. ARNDT, moved to adopt Ordinance seconded by BONNEY No. 99 -04. Dawn Black urged the Assembly to include language that would provide guidelines on upgrading an existing foundation. Manager Freed stated this amended the current building code to mirror the state's building code. She would provide information on foundations to the Assembly and Ms. Black. She noted that the Borough's Regular Assembly Meeting July 1, 1999 Volume XXV Page 140 ISO rating was in the top twelve percent of the nation which could mean reduced insurance rates for homeowners. Assemblymember Arndt was concerned with the usage of PEX pipe. He noted it was a high quality product, though not approved by the state building inspector. Manager Freed said Fairbanks used PEX pipe in new construction; however, it was not approved by the state plumbing inspector. She was working with the city and the state inspector on the use of PEX pipe. In the meantime, a waiver from the homeowner could allow the installation of PEX pipe; however, the state could require that the pipe be replaced. Mayor Stevens directed staff to continue working with the city to resolve the PEX pipe issue and to keep homeowners informed. Assemblymember Stevens clarified that PEX pipe was not included in Ordinance No. 99 -04. VOTE ON MOTION TO ADOPT Ayes: Arndt, Branson, Spalinger, Stevens, Abell Noes: Bonney Absent: Heinrichs MOTION CARRIED 5 Ayes, 1 No MESSAGES FROM THE INTERIM BOROUGH MANAGER MESSAGES INTERIM FROM MANAGER Manager Freed stated the Borough had received a surprise inspection from the Department of Environmental Control (DEC) today and the Borough passed with flying colors. Manager Freed said the Local Boundary Commission's (LBC) preliminary report on the City of Kodiak's petition to annex was available in the Borough clerk's office, community development department, Regular Assembly Meeting July 1, 1999 Volume XXV Page 141 city clerk's office, and the city library. She advised that comments on the preliminary report should be sent to the LBC no later than July 23. After issuance of their final report, the LBC has tentatively scheduled a public hearing for August 28. Manager Freed advised the Karluk teacherage would be disposed of on July 2. She said the Denali Commission would be holding a teleconference meeting on July 6 at 3:00 p.m. She would provide an update at the next work session. MESSAGES FROM MESSAGES FROM THE BOROUGH MAYOR THE MAYOR Mayor Stevens provided an update on the status of the manager hiring. He hoped to interview in mid - August and appoint a new manager in September. He congratulated Judi Nielsen on her promotion to Borough Clerk and Patti Kirkpatrick on her promotion to Deputy Clerk. After a five minute recess Mayor Stevens reconvened the meeting at 8:48 p.m. OLD BUSINESS None. NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 99 -13 Agreement with Sisters CONTRACT of Providence of Washington, dba Providence NO. 99 -13 Health Systems of Alaska for the Purpose of Setting Forth Terms and Conditions Pursuant to Providing Mental Health Services. Manager Freed provided an overview of the services to be provided by mental health to the school district. BONNEY, seconded by ARNDT Regular Assembly Meeting July 1, 1999 moved to postpone Contract No. 99 -13 to August 5, 1999. OLD BUSINESS NEW BUSINESS Volume XXV Page 142 Assemblymember Bonney supported the mental health program; however, he was unwilling to fund the contract without further discussion from the Assembly. He was concerned that the Scope of Work would exceed the four percent in FY 00. Assemblymember Stevens opposed postponing Contract No. 99 -13. He thought the Assembly should move forward so the contract would be in place prior to the start of school. In response to Assemblymember Branson, Manager Freed advised that the school district and the mental health center had negotiated the contract. She said both parties were comfortable with the contract language. Assemblymember Arndt wanted to review reducing the scope of work due to revenue shortfalls. He was concerned with where the funding would come from for the four percent annual increase. Assemblymember Stevens noted that there was no guarantee to pay the four percent annual increase every year. Assemblymember Bonney felt that the contract could not be decreased by four percent and therefore did not feel the Assembly could approve the contract. Assemblymember Abell noted the thirty -day cancellation clause in the contract. He favored approving the contract, and if there were problems, to terminate the contract. Assemblymember Arndt said that securing a five year contract was not the direction given by the Assembly. Assemblymember Bonney said it was a new contract with new terms that needed further Assembly discussion. VOTE ON MOTION TO POSTPONE Ayes: Bonney, Branson, Spalinger, Arndt Regular Assembly Meeting July 1, 1999 Volume XXV Page 143 Noes: Stevens, Abell Absent: Heinrichs MOTION CARRIED 4 Ayes, 2 Noes 2. Contract No. 99 -16 Kodiak High School Auditorium CONTRACT Curtain Cleaning and Repair. NO. 99 -16 BRANSON, seconded by ARNDT moved to award Contract No. 99 -16 to Coverific Upholstery of Kodiak in an amount not to exceed $16,570. Manager Freed recommended awarding the contract to Coverific Upholstery of Kodiak. VOTE ON MOTION TO AWARD Ayes: Branson, Spalinger, Stevens, Abell, Arndt, Bonney Noes: None Absent: Heinrichs MOTION CARRIED Unanimous 3. Contract No. 99 -17 Kodiak Island Borough Facilities Fuel Oil Delivery. STEVENS, seconded by ARNDT Manager Freed recommended awarding the contract to Thomson Transfer, Inc. of Kodiak. VOTE ON MOTION TO AWARD Ayes: Noes: None Regular Assembly Meeting July 1, 1999 moved to award Contract No. 99 -17 to Thompson Transfer, Inc. of Kodiak for time and materials. Spalinger, Stevens, Abell, Arndt, Bonney, Branson CONTRACT NO. 99 -17 Volume XXV Page 144 Absent: MOTION CARRIED Heinrichs Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 99 -13 Approving the Kodiak Island RESOLUTION Overall Economic Development Program's Annual NO. 99 -13 Report for Fiscal Year 1999. ARNDT, moved to adopt Resolution seconded by BRANSON No. 99 -13. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Stevens, Abell, Arndt, Bonney, Branson, Spalinger Noes: None Absent: Heinrichs MOTION CARRIED Unanimous 2. Resolution No. 99 -14 Approving Fiscal Year 2000 RESOLUTION Kodiak Island Borough Non - Profit Funding. NO. 99 -14 STEVENS, moved to adopt Resolution seconded by ARNDT No. 99 -14. Manager Freed provided a brief breakdown of the changes to the non - profit funding from the last work session. Assemblymember Branson felt the pains of the budget cuts were shared equally. She said non - profits provided a valuable resource to the community and she would continue to work hard to provide funding next year. Regular Assembly Meeting July 1, 1999 Volume XXV Page 145 VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 99 -05 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances by Amending Section 17.02.030 Comprehensive Plan to incorporate the Pasagshak /Narrow Cape Area Plan (June 1999). Ordinance No. 99 -05 was advanced to public hearing on July 15, 1999 under "Consent Agenda ". 2. Ordinance No. 99 -06 Amending Title 3 Revenue and Finance of the Kodiak Island Borough Code of Ordinances by Adding Section 3.04.053 Fern Fuller Fund. Ordinance No. 99 -06 was advanced to public hearing on July 15, 1999 under "Consent Agenda ". D. OTHER ITEMS None. INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Meetings of April 21, and May 19, 1999. 2. Kodiak Island Borough School District Board of Education Regular Meeting of May 24 and Special Meeting of June 7, 1999. Regular Assembly Meeting July 1, 1999 Abell, Arndt, Bonney, Branson, Spalinger, Stevens None Heinrichs Unanimous ORDINANCES FOR INTRODUCTION ORDINANCE NO. 99 -05 ORDINANCE NO. 99 -06 OTHER ITEMS INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS Volume XXV Page 146 B. REPORTS REPORTS 1. United Fishermen of Alaska Accomplishments for 1998 -1999. 2. Providence Kodiak Island Mental Health Center Clinicians in the School Program for May, 1999. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Branson congratulated the employee of the month. She thanked non - profit representatives for sharing their concerns. She congratulated Judi Nielsen and Patti Kirkpatrick on their fist day as clerk and deputy clerk. Assemblymember Bonney felt it was important for the Assembly to discuss the mental health service contract with the school district. Assemblymember Stevens congratulated the employee of the month. He asked the community to become involved in the comprehensive plan review of the Wildlife Refuge. He said that should the refuge acquire more lands, it would restrict the use of public lands for community recreation. Assemblymember Abell said the legislature did a poor job this year. He looked forward to a time when the Assembly could provide more funding to non - profits. Assemblymember Arndt favored passing a resolution opposing the wildlife refuge acquiring more lands. Manager Freed pointed out review of the wildlife refuge was in the beginning stages. She said no draft documents were available for public comments. Regular Assembly Meeting July 1, 1999 OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXV Page 147 She would continue to provide new information to the Assembly. Mayor Stevens announced the Assembly would meet in a work session on Thursday, July 8, at 7:30 p.m. in the Borough conference room, and a regular meeting on Thursday, July 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 9:20 p.m. ATTEST: Gar Ma or ith A. Niel CMC rough Clerk Regular Assembly Meeting July 1, 1999 L. Stevens, Approved: 07/15/99 Volume XXV Page 148