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1999-12-16 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting December 16, 1999 A regular meeting of the Kodiak Island Borough Assembly was held December 16, 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. There were present: ROLL CALL Mayor: Gary L. Stevens Assemblymembers: Tom Abell Scott Arndt Tuck Bonney Pat Branson Robin Heinrichs Greg Spalinger Darlene Turner comprising a quorum of the Assembly; and Linda Freed, Acting Administrative Official Patti Kirkpatrick, Deputy Clerk APPROVAL OF APPROVAL OF AGENDA AGENDA ARNDT, moved to approve the seconded by BRANSON agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES 1. Kodiak Island Borough Assembly Regular of November 2, and Special Meetings of November 11 and 16, 1999. TURNER, seconded by ARNDT Assemblymember Heinrichs asked for a correction to the third paragraph on page six of the November 2 minutes by replacing the word Borough's with the words private developer's, and to the last sentence on page six of the November 16 minutes to insert the Regular Assembly Meeting December 16, 1999 moved to approve the minutes of November 2, 11 and 16, 1999. REGULAR MEETING APPROVAL OF MINUTES Volume XXV Page 225 word access between the words preserve and federal. The minutes would reflect the corrections. VOTE ON MOTION TO APPROVE AS CORRECTED MOTION CARRIED AWARDS AND PRESENTATIONS STUDENT OF THE A. Student of the Month MONTH Mayor Stevens presented the Student of the Month Award to Joe Mesey, a senior in the Area Wide School. CITIZENS' COMMENTS CITIZENS' COMMENTS Unanimous voice vote AWARDS AND PRESENTATIONS Rick LeLand introduced himself as the new director of Safe Harbor. He thanked the assembly and staff for their support. COMMITTEE REPORTS COMMITTEE REPORTS None. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Administrative Official Freed was pleased with the outcome of the land sale action. She noted that the three remaining lots would be available over the counter on December 17 in the clerk's office. Ms. Freed reported that there was a seat open on the Alaska Coastal Policy Council. Assemblymember Heinrichs offered to serve on the board; however, the board's policy was to select the member from a list of interested elected officials. She said the board, comprised of elected officials from coastal communities around the state, had a mission to set coastal policy rules and regulations. She asked that interested assemblymember's meet with her. Ms. Freed reported that the Prince William Sound Regional Citizen's Advisory Committee (PWS RCAC) had one city seat, one mayor seat, and one borough seat vacant. She noted that at the Kodiak Island Mayors Conference, Jim Nestic of Old Harbor was nominated to the city seat, and she would advertise the Borough Regular Assembly Meeting December 16, 1999 PUBLIC HEARING MANAGER'S REPORT Volume XXV Page 226 seat. She said the committee would meet in March 2000 and the current Borough representative, Wayne Coleman, would continue to serve until that time. Ms. Freed reported on the PWS RCAC Tanker Plan. She said the Board was concerned of potential damage to downstream communities if a disabled tanker hit the rocks in the Cook Inlet. She said the Department of Environmental Conservation (DEC) supported the Board and would not overturn the recent decision. In response to Mayor Stevens, Ms. Freed said one nominee to the PWS RCAC was sufficient, and she noted the deadline for nominations was December 27, 1999. Ms. Freed said the Geographic Response Plan was ready to be presented to the Coast Guard and was pleased at the Coast Guard's interest. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM THE MAYOR Mayor Stevens attended the opening ceremony for the new Immigration and Naturalization Services (INS) office located down town. He thanked Robert Eddy, Director of INS, for the brief history on INS law. He welcomed INS officer Tim Brady to Kodiak and encouraged him to become involved in the community. He attended the Alex Haley commissioning ceremony and thanked Deputy Clerk Kirkpatrick for preparing the proclamation. He participated in the Alaska Municipal League (AML) Board of Directors audio conference. He said the Denali Commission was moving forward and would watch for projects affecting outlying cities. He said the Commission would also review emergency services. Mayor Stevens was concerned that a state tax cap would have a devastating impact to many Alaskan communities. He was unclear if the Borough would be limited in its ability to raise local mill rates. He was also concerned that a cap would affect bonds and cause the proliferation of second class cities. UNFINISHED BUSINESS A. Reconsideration of Ordinance No. 99 -11 RECONSIDERATION Determining the Disposition of Tax Foreclosed OF ORDINANCE Properties from the 1997 Tax Year. NO. 99 -11 Regular Assembly Meeting December 16, 1999 UNFINISHED BUSINESS Volume XXV Page 227 ABELL, moved to reconsider seconded by TURNER Ordinance No. 99 -11. Mayor Stevens noted Assemblymember Arndt's conflict of interest and asked that he abstain from voting. Assemblymember Abell apologized for his inattention when he voted to fail the ordinance in first reading. Assemblymember Turner said her uninformed vote to fail the ordinance in first reading was a lesson well learned. VOTE ON MOTION TO RECONSIDER Ayes: Noes: None Abstain: Arndt MOTION CARRIED Unanimous Abell, Bonney, Branson, Heinrichs, Spalinger, Turner The motion to advance Ordinance No. 99 -11 in first reading to public hearing on December 16, 1999 was before the Assembly. HEINRICHS, seconded by BONNEY VOTE ON MOTION TO AMEND Ayes: Noes: None Abstain: Arndt MOTION CARRIED Unanimous VOTE ON MOTION TO ADVANCE AS AMENDED Ayes: Regular Assembly Meeting December 16, 1999 moved to amend to advance Ordinance No. 99 -11 to public hearing on January 6, 2000. Bonney, Branson, Heinrichs, Spalinger, Turner, Abell Branson, Heinrichs, Spalinger, Turner, Abell, Bonney Volume XXV Page 228 Noes: None Abstain: Arndt MOTION CARRIED Unanimous NEW BUSINESS A. CONTRACTS CONTRACTS HEINRICHS, seconded by BRANSON HEINRICHS, seconded by ARNDT VOTE ON MOTION TO POSTPONE Ayes: 1. Contract No. 99 -42 Nixon Ranch Drainage CONTRACT Improvements Project. NO. 99 -42 Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting December 16, 1999 moved to approve Contract No. 99 -42 with A -K Construction Company of Kodiak for a unit price in an amount not to exceed $21,000. Ms. Freed said the original contract was approved with A -K Construction. The Womens Bay Service Area Board recommended awarding the bid to complete as much of the project as possible before the funding ended. She said the Board would consider using service district funds to finish the project. Assemblymember Arndt wondered if the work would be done during the winter. He thought to reject all bids and rebid with a September 2000 completion date. moved to postpone Contract No. 99 -42 to January 6, 2000. Heinrichs, Spalinger, Turner, Abell, Arndt, Bonney, Branson HEINRICHS, moved to approve Contract seconded by BRANSON No. 98 -16B with A -K NEW BUSINESS 2. Contract No. 98 -16B Amending Contract 98 -16 CONTRACT Kodiak Island Landfill Stage 1 Closure NO. 98 -16B Facilities. Volume XXV Page 229 Ms. Freed said the Assembly reviewed the work during a tour of the landfill in September. She said the Department of Environmental Conservation was pleased with the work. At his inquiry, Mayor Stevens declared no conflict of interest for Assemblymember Abell. Assemblymember Bonney read Code section 3.16.100 into the record. He was disappointed that staff had not followed change order requirements. He felt proper procedure was not followed and was concerned about the reaction of local businesses to future bids. Assemblymember Arndt said the contract was approved for an amount not to exceed, and he did not want low bids adjusted through large change orders. Assemblymember Abell wanted an opportunity to discuss the legality of the change order with the manager. ABELL, seconded by ARNDT VOTE ON MOTION TO POSTPONE Ayes: Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 99 -28 Authorizing the RESOLUTION Records Coordinator to Dispose of Certain NO. 99 -28 Kodiak Island Borough Records. BRANSON, moved to adopt Resolution seconded by ARNDT No. 99 -28. Ms. Freed said the records had met their retention schedule or were optical disc imaged and were ready for disposal. Regular Assembly Meeting December 16, 1999 Construction Company of Kodiak in an amount not to exceed $358,599.20. moved to postpone Contract 98 -16B to January 6, 2000. Spalinger, Turner, Abell, Arndt, Bonney, Branson, Heinrichs Volume XXV Page 230 VOTE ON MOTION Ayes: Noes: None MOTION CARRIED Unanimous D. OTHER ITEMS OTHER ITEMS Turner, Abell, Arndt, Bonney, Branson, Heinrichs, Spalinger C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION None. 1. Confirmation of Mayoral Appointments of CONFIRMATION OF Assembly Member Representatives to Boards, MAYORAL Committees, Commissions, and Councils. APPOINTMENTS ARNDT, seconded by BRANSON Regular Assembly Meeting December 16, 1999 moved to confirm mayoral appointments of assembly member representatives to Boards, Committees, Commissions, and Councils. Mayor Stevens read his appointments into the record: Architectural Review Board - Robin Heinrichs Providence Kodiak Island Medical Center Advisory Board - Pat Branson Providence Mental Health Center Board - Darlene Turner Parks & Recreation Committee - Tom Abell Kodiak Island Transportation System (KATS) - Tom Abell Kodiak College Council (ex- officio) - Pat Branson School District Budget Review Committee - Greg Spalinger School District Strategic Planning Committee - Tuck Bonney School District Facilities Review Committee - Scott Arndt Joint Building Code Review Committee - Robin Heinrichs Economic Development Committee - Gary Stevens Emergency Services Council - Gary Stevens Rocket Launch Facility Advisory Committee - Scott Arndt Volume XXV Page 231 Planning & Zoning Commission Jan. - Greg Spalinger July - Greg Spalinger Feb. - Scott Arndt August - Pat Branson March - Tom Abell Sept. - Darlene Turner April - Darlene Turner Oct. - Scott Arndt May - Tuck Bonney Nov. - Robin Heinrichs June - Robin Heinrichs Dec. - Tom Abell VOTE ON MOTION TO CONFIRM MOTION CARRIED Unanimous voice vote 2. Kodiak Island Borough Assembly Meeting ASSEMBLY 2000 Schedule for 2000. MEETING SCHEDULE HEINRICHS, seconded by ARNDT moved to approve the 2000 Assembly meeting schedule. VOTE ON MOTION MOTION CARRIED Unanimous CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Abell wished everyone a merry Christmas and happy new year. Assemblymember Turner welcomed Tim Brady, INS officer, and the crew of the Coast Guard Cutter Alex Haley. She wished everyone a merry Christmas. Assemblymember Spalinger asked for discussion on the library consortium at a work session. He wished everyone a merry Christmas and happy new year. Assemblymember Heinrichs congratulated the Knowledge Master Team students on their recent victory. He also congratulated Joe Mesey as Student of the Month. Assemblymember Heinrichs was interested in hosting a thank you reception for all members of Borough boards, committees, and commissions. He wished everyone a merry Christmas. Mayor Stevens advised that the clerks office would be working on the thank you reception. Regular Assembly Meeting December 16, 1999 CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXV Page 232 Assemblymember Arndt wished everyone a merry Christmas and happy new year. Assemblymember Branson congratulated Joe Mesey as the Student of the Month. She wished everyone happy holidays and welcomed Rick LeLand of Safe Harbor. Assemblymember Bonney attended the first School District Budget Review Committee and planned to attend future meetings. ANNOUNCEMENTS ANNOUNCEMENTS Mayor Stevens announced the Borough offices would be closed Friday, December 24 in observance of Christmas and Friday, December 31 in observance of New Year's Day. The Borough Clerk's office would be closed December 22, 23, 27, and 28. He said anyone needing assistance to call the clerk's office at 486 -9310. Mayor Stevens announced the Assembly would meet in a work session on Tuesday, January 4 at 7:30 p.m. in the borough conference room, and a regular meeting on January 6, at 7:30 p.m. in the assembly chambers. Mayor Stevens invited members of the audience to join the assembly after the meeting for wassail and cookies. ADJOURNMENT ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 8: ..m. ATTEST: /IL dith A. Nie .e , CMC orough Clerk Regular Assembly Meeting December 16, 1999 Approved 01/20/2000 Volume XXV Page 233