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1999-09-28 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held September 28, 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 Lola 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 Absent: Robin Heinrichs Stevens, seconded by BONNEY KODIAK ISLAND BOROUGH Regular Assembly Meeting September 28, 1999 Pat Branson Wayne Stevens Greg Spalinger comprising a quorum of the Assembly; and David A. Jensen, Manager Judi Nielsen, CMC, Clerk Patti Kirkpatrick, Deputy Clerk Linda Freed, Community Development Director VOTE ON MOTION MOTION CARRIED APPROVAL OF AGENDA BRANSON, seconded by ARNDT Regular Assembly Meeting September 28, 1999 moved to excuse Assemblymember Heinrichs. Unanimous voice vote moved to approve the agenda. REGULAR MEETING APPROVAL OF AGENDA Volume XXV Page 207 VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES CITIZENS' COMMENTS A. Kodiak Island Borough Assembly regular meeting of August 19 and special meetings of August 27 and 31, 1999. BONNEY, seconded by ARNDT VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS A. PROCLAMATIONS Unanimous voice vote moved to approve the minutes of August 19, 27, and 31, 1999 Unanimous voice vote Mayor Stevens proclaimed October 1999 Domestic Violence Awareness Month, urging the community to actively support and participate in the ongoing programs designed to reduce and eventually eliminate domestic violence as a social problem. Mayor Stevens proclaimed October 3 -9, 1999 Fire Prevention Week, urging the community to participate in fire prevention activities at home, work, and school, and to execute "The Great Escape" to ensure their safety and the safety of their families in the event of a fire. Dale Rice, Womens Bay Fire Department Chief, accepted the proclamation. A. Agenda Items Not Scheduled For Public Hearing and General Comments. John Parker welcomed Dave Jensen as the new manager and noted Kodiak was not always an adversarial community. He asked for clarification on the definition of a service area's responsibility as he Regular Assembly Meeting September 28, 1999 APPROVAL OF MINUTES AWARDS AND PRESENTATIONS PROCLAMATIONS DOMESTIC VIOLENCE AWARENESS MONTH FIRE PREVENTION WEEK CITIZENS' COMMENTS Volume XXV Page 208 did not feel the duties were clearly defined. He felt spending service area funds should require assembly approval. Mayor Stevens noted that state law was very clear on the expenditure of service area funds. Director Freed noted KIBC 4.20 defined the duties of service area boards. Brenda Schwantes called to thank the Assembly for presenting the proclamation to Dale Rice. She said Mr. Rice was doing a great job. Ed Mahoney, Service Area No. 1 board chair, reported that the Board approved a $5,000 advertising budget which was presented to the assembly during the budget process. He said the advertising funds were to be used to educate the community on annexation. He also was concerned with the lack of equipment for emergencies in the service area. He asked to attend a work session to discuss the purchase of flashing lights, orange cones, and flares. Mayor Stevens thanked service area board members for their time and effort. He directed staff to place Service Area No. 1 emergency equipment on the next work session agenda. Assemblymember Arndt noted that the service area had owned cones and barriers; however, over time they had disappeared. Mike Milligan was concerned that the one page service area's ad on annexation was construed as use of service area funds to enhance one's political gain in the Assemblymember race. He felt the use of the Borough logo by the service area conveyed the wrong image to the community. He urged that future Service Area No. 1 ads be ran without the Borough logo. COMMITTEE REPORTS Phil Cline, Providence Kodiak Island Hospital administrator, reported the financial performance was Regular Assembly Meeting September 28, 1999 COMMITTEE REPORTS Volume XXV Page 209 at $724,000 which was ahead of budget projections. He advised Dr. Goldsmith, general surgeon, would be on -board at the hospital October 1, 1999; and Dr. Panzarella, orthopedic surgeon, would be on -board October 11, 1999. He noted the specialty clinic continued to expand, and an ENT specialist and a plastic surgeon would come aboard in November. PUBLIC HEARING None. MESSAGES FROM THE MANAGER Manager Jensen said he had met with staff and was pleased to be a part of the Borough team. He said staff had done an excellent job keeping the Borough up to speed and he would meet with the community to learn about their issues. He was looking forward to working with the Assembly. Director Freed noted the Alaska Region Response Team met and she found the meeting to be very complimentary to Kodiak. Director Freed said the Kodiak Area Transit System (KATS) service would be suspended as of October 3, 1999. She said this should be seen as a temporary setback as they were pursuing additional grant funding. MESSAGES FROM THE BOROUGH MAYOR Mayor Stevens said he received several calls on the use of the Borough logo on the one page service area ad. He noted that the Manager and Clerk's offices had the right to use the logo when advertising. He said an ad was placed in the newspaper that the Assembly had taken no position on annexation. In response to Assemblymember Arndt, Mayor Stevens clarified that at a recent work session, by consensus, the Assembly had indicated no position on annexation. Regular Assembly Meeting September 28, 1999 PUBLIC HEARING MESSAGES FROM MANAGER MESSAGES FROM THE MAYOR Volume XXV Page 210 Assemblymember Branson agreed with Mayor Stevens and stated she supported the clarification of the Assembly's position in the newspage. Assemblymember Arndt opposed the ad clarifying the Assembly's position on annexation as he felt the information should be available to the community. Mayor Stevens was not opposed to the ad, though he did not feel it was fair or factual. He noted the ad did not indicate any pros or cons on the issue. He felt the use of the Borough logo was inappropriate. Assemblymembers Abell and Bonney noted there was discussion at a prior work session to take no position on annexation. Both favored the statement clarifying the Assembly's position on annexation. Mayor Stevens reminded the community that Tuesday, October 5 was election day and urged the community to vote. OLD BUSINESS None. NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 99 -40 Strapping Wire for the CONTRACT Kodiak Island Borough Baler /Landfill NO. 99 -40 Facility. ARNDT, seconded by BONNEY Regular Assembly Meeting September 28, 1999 moved to award Contract No. 99 -40 to U.S. Wire Tie Systems of Carthage, Missouri in an amount not to exceed $9,250. Director Freed said strapping wire was purchased every nine months. The current bid was $600 less than the previous bid and she recommended approving the contract. OLD BUSINESS NEW BUSINESS Volume XXV Page 211 Assemblymember Arndt wondered why the wire arrived on September 24 when the purchase order was now being presented to the assembly for approval. Director Freed cited Borough code wherein the manager can approve a purchase order if the need is justified. She said the baler facility cannot operate without the wire and felt it was prudent to issue a purchase order under those circumstances. Assemblymember Arndt felt the purchase order should have been presented to the assembly before it became an emergency. He wanted to be better informed and to not operate on an emergency basis. Manager Jensen said he would work to ensure the Assembly was better informed. He said the wire was needed and encouraged the Assembly to move forward. Assemblymember Abell contended that the wire was ordered, received, and needed. He favored approving the contract. VOTE ON MOTION TO AWARD Ayes: Bonney, Branson, W. Stevens, G. Stevens Noes: Abell, Arndt, Spalinger Absent: Heinrichs MOTION CARRIED 4 Ayes, 3 Noes 2. Contract No. 99 -41 Lease Agreement to CONTRACT Purchase Computed Tomography (CT) Scan for NO. 99 -41 Providence Kodiak Island Medical Center. STEVENS, seconded by BRANSON Regular Assembly Meeting September 28, 1999 moved to approve Contract No. 99 -41 lease purchase agreement with National Bank of Alaska Leasing Corporation at an interest rate of 5.86 percent for five years for purchase of one Volume XXV Page 212 ARNDT, seconded by ABELL Picker Ultra Z Computed Tomography (CT) Scanner for a purchase price of $630,357. Manager Jensen had reviewed the agreement with hospital and Borough staff and recommended approving the contract by consolidating leases 1, 3, 4, and the CT Scanner. He justified merging the leases: 1) the Borough could pay off the leases at any time; 2) the interest rate would decrease and save the Borough money; and 3) the three leases would extend to five years without increasing the payment. In response to Assemblymember Arndt, Manager Jensen clarified that this was discussed at a work session and he could not clarify the three equipment expenditures. Assemblymember Arndt wanted more discussion on merging the three leases. moved to postpone Contract No. 99 -41 to October 7, 1999. Assemblymember Arndt reiterated that he felt there should be more discussion at the next work session. In response to Mayor Stevens, Mr. Cline suggested the contract be approved as soon as possible to allow time for the machine to be ordered and to train personnel. Assemblymember Bonney wanted discussion on where the hospital was headed at the next work session. He opposed postponing the contract as it was important to have the machine in place prior to January. In response to Mayor Stevens, Manager Jensen noted the total amount of the lease was $1,357,015. In response to Mayor Stevens, Mr. Cline said October 7 was acceptable; however his concern was that the Regular Assembly Meeting September 28, 1999 Volume XXV Page 213 vendor might object, thereby delaying delivery and personnel training past January 1. Mayor Stevens clarified that the motion before the assembly was to purchase the CT Scanner, not to consolidate loans. Manager Jensen asked the Assembly to approve the contract and to discuss the lease consolidation at a later date. Assemblymember Stevens opposed postponing the contract. He said the lease consolidation was a separate issue that could be discussed later. He urged the assembly to vote on the contract before them. Assemblymember Branson concurred. She noted it was an item that the community needed and favored approving the contract. Assemblymember Arndt withdrew his motion to postpone Contract No. 99 -41 with the concurrence of the second. Manager Jensen said the current hospital scanner was not Y2K compatible. He said the purchase price of a new scanner was $630,357, with no money down. VOTE ON MOTION TO APPROVE Ayes: Arndt, Bonney, Branson, Spalinger, Stevens, Abell Noes: None Absent: Heinrichs MOTION CARRIED Unanimous After a five minute recess at 8:35 p.m., Mayor Stevens reconvened the meeting. Regular Assembly Meeting September 28, 1999 Volume XXV Page 214 B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 99 -19 Supporting the RESOLUTION Conservation and Reinvestment Act of 1999 NO. 99 -19 (H.R. 701 and S. 25). STEVENS, moved to adopt seconded by BRANSON Resolution No. 99 -19. Director Freed noted there was a bill before the federal congress to provide new federal funds to Alaska that would impact subsistence and wildlife recreation. She noted the funds would be available to communities directly impacted like Cook Inlet. She said Alaska and Louisiana would receive the largest portion. Assemblymember Abell favored the resolution though he was concerned that Kodiak may not receive funding. Assemblymember Stevens noted that former Mayor Selby expected Kodiak to receive a portion of those funds. VOTE ON MOTION TO APPROVE Ayes: Arndt, Bonney, Branson, Spalinger, Stevens, Abell Noes: None Absent: Heinrichs MOTION CARRIED Unanimous 2. Resolution No. 99 -20 Requesting Fiscal Year RESOLUTION 2001 Capital Projects Funding Under the NO. 99 -20 Municipal Capital Projects Matching Grant Program. (School Facilities Repair and Upgrade) SPALINGER, moved to adopt seconded by ARNDT Resolution No. 99 -20. Director Freed noted the previous capital matching grant funds were used for the high school roof repair Regular Assembly Meeting September 28, 1999 Volume XXV Page 215 and emergency generator for the school. Those funds would also be used on the high school roof project. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Heinrichs MOTION CARRIED Unanimous Bonney, Branson, Spalinger, Stevens, Abell, Arndt 3. Resolution No. 99 -21 Opposing Further RESOLUTION Restrictions of Access to the Kodiak NO. 99 -21 National Wildlife Refuge. BONNEY, moved to adopt seconded by ABELL Resolution No. 99 -21. Director Freed said the resolution was prepared by Assemblymember Stevens and the Borough clerk. She said the wildlife refuge plan was a two to three year process that could lead to hunting restrictions on refuge lands. She said the Chamber of Commerce passed a similar resolution. In response to Assemblymember Arndt, Clerk Nielsen noted there was an original resolution available for assembly signature. Assemblymember Bonney said the wildlife refuge wanted to eradicate introduced species. He urged the community to be aware of the plan's affect on Kodiak. Assemblymember Stevens clarified that the community comment period was extended to September 30. VOTE ON MOTION TO ADOPT Ayes: Regular Assembly Meeting September 28, 1999 Branson, Spalinger, Stevens, Abell, Arndt, Bonney Volume XXV Page 216 Noes: None Absent: Heinrichs MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS 1. October 5, 1999 Regular Municipal Election MUNICIPAL Workers. ELECTION WORKERS ARNDT, seconded by SPALINGER moved to approve the election boards as presented by the borough clerk /election supervisor. Mayor Stevens thanked the election workers for volunteering their time and effort. Assemblymember Branson admired the election volunteers and thanked them for their time and effort. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote STEVENS, seconded by BRANSON Regular Assembly Meeting September 28, 1999 moved to approve reimbursement to the City of Port Lions for disposal of 55 gallon drums in the amount of $8,082.28. Director Freed noted money was appropriated as a capital project to clean up the city of Port Lions, however, the cost of removal was underestimated. She ORDINANCES FOR INTRODUCTION OTHER ITEMS 2. Reimbursement to the City of Port Lions for REIMBURSEMENT TO Disposal of 55 Gallon Drums. THE CITY OF PORT LIONS Volume XXV Page 217 said it was anticipated that a ten -yard dump truck would hold the crushed drums; however, a 14 x 10 foot flatbed truck loaded seven feet high was needed to dispose of the drums. VOTE ON MOTION TO APPROVE Ayes: Noes: None Absent: Heinrichs MOTION CARRIED Unanimous Regular Assembly Meeting September 28, 1999 Spalinger, Stevens, Abell, Arndt, Bonney, Branson 3. Planning and Zoning Commissioner RESIGNATION OF Resignation. PLANNING AND ZONING STEVENS, moved to accept, with COMMISSIONER seconded by ARNDT regret, the resignation of Marty Shuravloff from the Planning and Zoning Commission and direct the clerk to advertise the vacancy per borough code. Director Freed thanked Mr. Shuravloff and she encouraged any city resident to contact the Borough clerk's office for an application. Mayor Stevens thanked Mr. Shuravloff for his years of service. VOTE ON MOTION MOTION CARRIED Unanimous voice vote INFORMATIONAL MATERIALS INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER 1. Planning and Zoning Commission Regular MEETINGS Meeting Minutes of August 18, 1999. Volume XXV Page 218 B. REPORTS REPORTS 1. Kodiak Area Transit System July and August, 1999 Reports. C. OTHER None. CITIZENS' COMMENTS Mike Milligan wanted the costs of hiring the manager. He said that there was no promise that the Kodiak Area Transit System (KATS) would support itself and facts were available in the original feasibility report. He said the KATS petition was held to a higher standard due to the tax issue and felt the community should know why the issue was not placed on the ballot. Clerk Nielsen pointed out that the petition was not held to a higher standard. She said specific information was required on the KATS petition to be certified adequate and many people did not provide the required information. Ed Mahoney clarified that the Service Area No. 1 board gave direction to advertise. He said he followed APOC requirements and he had no ulterior motive. He urged the community to exercise their right to vote at the October 5 election. Wanetta Ayers phoned in with concern about Assemblymember Arndt's comments. She was appalled that a public official would be allowed to address staff is such a manner and felt as an Assemblymember he should be held to a higher standard. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Spalinger welcomed Dave Jensen and looked forward to working with him. He reminded the community to vote on election day. Assemblymember Branson welcomed Dave Jensen and also Regular Assembly Meeting September 28, 1999 OTHER CITIZENS' COMMENTS Volume XXV Page 219 looked forward to working with him. She thanked Director Freed for stepping in as interim manager and doing a wonderful job. She congratulated the volunteers of the Kodiak Football League for the outstanding job this year. She said her trip to Port Lions was fun and wanted to thank Kathy Nelson for her help while they were there. She reminded the community to vote on election day. Assemblymember Bonney thanked Mr. Milligan for comments that were good for the community to hear in open meetings. Assemblymember Stevens welcomed Dave Jensen and thanked Director Freed for working through the transition period. Assemblymember Abell encouraged the community to call their Assemblymembers with questions and concerns. He congratulated the efforts of those who worked diligently on the KATS issue. Assemblymember Bonney said he introduced the sales tax ordinance as a fair way to fund KATS; however, he did not intend to dedicate funds to KATS. He wanted to raise enough to fund KATS. He felt the process was hurried and he did not vote against the ordinance to shut down KATS, rather he did not feel the ordinance represented what the community wanted. He noted he would vote for a similar ordinance should one be presented. Assemblymember Arndt welcomed Dave Jensen and looked forward to working with him. He hoped Kodiak, as a diverse and wonderfully beautiful island, would become as endearing to Mr. Jensen as it was to him. He reminded the community to vote on election day. Mayor Stevens announced that the assembly would meet in a work session on Thursday, September 30, 1999 at 7:30 p.m. in the borough conference room with a special meeting to follow. The next regular assembly meeting would be held Thursday, October 7, 1999 at 7:30 p.m. in the assembly chambers. Regular Assembly Meeting September 28, 1999 Volume XXV Page 220 He reminded residents to vote on October 5, 1999 and announced that if residents would be out of town on election day, October 5, absentee voting was available in the borough clerk's office, room 123 in the borough building, the city clerk's office, room 211 in the borough building, the city clerk offices in Akhiok, Larsen Bay, Ouzinkie, Port Lions, Old Harbor, and the village clerk's office in Karluk from 8:00 a.m. to 5:00 p.m. There being no further business to come before the ADJOURNMENT Assembly, the meeting adjourned at 9:24 ..m. ATTEST: dith A. Nielsen, CMC orough Clerk Regular Assembly Meeting September 28, 1999 Approved: 10/21/99 Volume XXV Page 221