2001-01-04 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held January 4, 2001 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. Regular Assembly Meeting January 4, 2001 KODIAK ISLAND BOROUGH Regular Assembly Meeting January 4, 2001 The invocation was given by Pastor Scott Sampson of the Church of Nazarene, followed by the Pledge of Allegiance. There were present: ROLL CALL Assemblymembers: Tom Abell Tuck Bonney Pat Branson Robin Heinrichs Dave Jensen, Manager Judi Nielsen, Borough Clerk Patti Kirkpatrick, Deputy Clerk Nova Javier, Assistant Clerk Greg Razo Wayne Stevens Darlene Turner comprising a quorum of the Assembly; and APPROVAL OF AGENDA APPROVAL OF AGENDA RAZO, 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 Special Meeting of November 28 and Regular Meeting of December 21, 2000. BRANSON, moved to approve the seconded by TURNER minutes as presented. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote REGULAR MEETING APPROVAL OF MINUTES Volume XXVI Page 193 AWARDS AND PRESENTATIONS A. Longevity Award. Borough Manager Jensen presented a five -year Longevity Award to Gale Gardner, accounting technician in the Finance Department. B. Employee of the Quarter. Borough Manager Jensen presented the Employee of the Quarter Award to Eileen Probasco, assistant planner in the Community Development Department. C. Introduction of Newly Appointed Community Development Department Director. Borough Manager Jensen introduced Duane Dvorak as the newly appointed Community Development Department Director. CITIZENS' COMMENTS Gabrielle LeDoux felt the Assembly should consider if the plaintiff's counsel in the Jane Doe vs Kodiak Island Borough lawsuit might accept less than the judgement. In response to Ms. LeDoux, Manager Jensen said the Assembly would review all options during the executive session. Nancy Wells, legal guardian of the child in the Roe vs Kodiak Island Borough, Simeonoff, and McNair lawsuit, wanted to speak to erroneous information in the case. Deputy Mayor Heinrichs ruled that the discussion was inappropriate at an Assembly meeting. COMMITTEE REPORTS Assemblymember Branson attended her first Alaska Municipal League (AML) board meeting. She said an AML strategic planning meeting would be held on June 1 in Juneau. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT None. Regular Assembly Meeting January 4, 2001 AWARDS AND PRESENTATIONS LONGEVITY AWARD EMPLOYEE OF THE QUARTER INTRODUCTION OF NEWLY APPOINTED COMMUNITY DEVELOPMENT DIRECTOR CITIZENS' COMMENTS COMMITTEE REPORTS PUBLIC HEARING MANAGER'S REPORTS Volume XXVI Page 194 MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM THE MAYOR Deputy Mayor Heinrichs felt the recent meeting with the school board was productive and he looked forward to working with them on their budget. UNFINISHED BUSINESS UNFINISHED BUSINESS None. NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 99 -10A Notice to Proceed on CONTRACT Contract No. 99 -10 for Preliminary Design, NO. 99 -10A Permitting, Final Design, and Bid Phase Support for the Anton Larsen Bay Boat Ramp Construction. W. STEVENS seconded by BRANSON Manager Jensen said the Borough entered into an agreement with the Alaska Department of Fish & Game in 1997 for the planning, design, and construction of the Anton Larsen Bay Boat Ramp. Borough staff and an HDR Alaska representative presented a status report on the project on December 14. This was a notice to proceed on the project with HDR Alaska. Assemblymember Razo felt this was a step toward advancing tourism in Kodiak. Assemblymember Turner concurred, noting this was an important access area for Port Lions and Ouzinkie residents. VOTE ON MOTION TO APPROVE Ayes: Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting January 4, 2001 moved to approve Contract No. 99 -10A Notice to Proceed on Contract No. 99 -10 with HDR Alaska of Anchorage in an amount not to exceed $56,816. Abell, Bonney, Branson, Heinrichs, Razo, W. Stevens, Turner Volume XXVI Page 195 B. RESOLUTIONS 1. Resolution No. 2001 -01 Authorizing an Amendment to the Borough's Participation Agreement with the Public Employees' Retirement System (PERS) of Alaska to Provide for Participation of Elected Officials and the Payment of the Required Premiums. TURNER, moved to adopt Resolution seconded by BRANSON No. 2001 -01 Manager Jensen said House Bill 335, signed into law at the last legislative session, required employers to provide by resolution for elected officials who received compensation to participate in the PERS. Assemblymember Branson noted each official would pay their portion of the contribution. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2000 -10B Amending Ordinance No. 2000 -10 Fiscal Year 2001 Budget to Reflect Amendments. W. STEVENS, seconded by BRANSON Regular Assembly Meeting January 4, 2001 Bonney, Branson, Heinrichs, Razo, W. Stevens, Turner, Abell moved to adopt Ordinance No. 2000 -10B in first reading to advance to public hearing on January 18, 2001 Manager Jensen said the budget amendment was due to increased legal expenses, sale of the $2,660,000 in General Obligation Bonds, and an $80,000 contribution from the Kodiak Health Care Foundation. Assemblymember Branson appreciated the contribution from the Kodiak Health Care Foundation. RESOLUTIONS RESOLUTION NO. 2001 -01 ORDINANCE FOR INTRODUCTION ORDINANCE NO. 2000 -10 Volume XXVI Page 196 VOTE ON MOTION TO ADVANCE Ayes: Noes: D. OTHER ITEMS RAZO, seconded by TURNER VOTE ON MOTION Ayes: Regular Assembly Meeting January 4, 2001 Branson, Heinrichs, Razo, W. Stevens, Turner, Abell, Bonney None MOTION CARRIED Unanimous 1. Providence Kodiak Island Mental Health PKIMHC ADVISORY Center Advisory Board Member Vacancy. BOARD MEMBER VACANCY Clerk Nielsen said Mr. Knauff had not attended Board meetings for the past ten months, and the Board asked that the seat be declared vacant. The Clerk's office was unsuccessful in contacting Mr. Knauff by phone. Noes: None MOTION CARRIED Unanimous moved to declare the seat held by Jeff Knauff on the Providence Kodiak Island Mental Health Center Advisory Board vacant. Heinrichs, Razo, W. Stevens, Turner, Abell, Bonney, Branson 2. Airport Advisory Committee Vacancy. AIRPORT ADVISORY COMMITTEE BRANSON, moved to declare the seat VACANCY seconded by W. Stevens held by Arlene Mauldin on the Airport Advisory Committee vacan. Clerk Nielsen said Ms. Mauldin had moved from Kodiak Committee requested the seat be declared vacant. VOTE ON MOTION Ayes: Razo, W. Stevens, Turner, Abell, Bonney, Branson, Heinrichs OTHER ITEMS Volume XXVI Page 197 None Noes: MOTION CARRIED Unanimous CITIZENS' COMMENTS Marie Chandler opposed the Anton Larsen Bay Boat Ramp Project as she feared it would impact her mineral rights. In response to Mary Harder, Manager Jensen said there was no insurance coverage in the Jane Doe vs Kodiak Island Borough lawsuit due to a change in insurance carriers at the time of the incident. In response to Anna Castillo, Manager Jensen said all Borough funds were invested in moderate accounts with the National Bank of Alaska. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Razo congratulated Eileen Probasco as Employee of the Quarter and Gale Gardner on her longevity Award. He encouraged the Community to be more involved in the school district's budget process. Assemblymember Abell expected no additional funding from the state for education. He urged the community to be involved in the school budget process. He felt Kodiak would come through the process better than other Alaskan Communities. Assemblymember Turner also congratulated Gale Gardner and stated that five years was a special milestone. She congratulated Eileen Probasco and welcomed Duane Dvorak as the new Community Development Director. Assemblymember W. Stevens said he was looking forward to working with Mr. Dvorak. Assemblymember Branson felt the award program was an incentive to retain valuable employees. ANNOUNCEMENTS ANNOUNCEMENTS Deputy Mayor Heinrichs announced the Assembly would meet in work session on Thursday, January 11 at 7:30 p.m. in the Borough conference room; a joint Assembly /City Council work session on Tuesday, January 16 at 7:30 p.m. in the Borough conference Regular Assembly Meeting January 4, 2001 CITIZENS' COMMENTS Volume XXVI Page 198 room; and a regular meeting on Thursday, January 18 at 7:30 p.m. in the Assembly chambers. He said the Special Election to elect the Borough Mayor to a term to expire October 2001 would be held on Tuesday, February 20, 2001. The last day to file nominating petitions for the Borough Mayor's office was Friday, January 12 at 5:00 p.m. in room 101 of the Borough building. He said anyone interested in declaring candidacy for Borough Mayor, should call the Borough Clerk's office at 486 -9310. He said Kodiak Island Borough offices would be closed Monday, January 15, 2001 in observance of Martin Luther King Day. The Kodiak Island Mayors Conference would be held on Friday, January 19 from 9:00 a.m. - 5:00 p.m. in the Borough Conference room. The Boards and Committees Reception would be held on Friday, January 19 from 7:00 p.m. to 9:00 p.m. at the Bayside Fire Hall. EXECUTIVE EXECUTIVE SESSION SESSION A. Roe vs Kodiak Island Borough, Simeonoff, and ROE VS KIB, McNair. SIMEONOFF, McNAIR TURNER, moved to convene into seconded by RAZO executive session. In response to Assemblymember Razo, Deputy Mayor Heinrichs declared a conflict of interest and excused him from the executive session. VOTE ON MOTION Ayes: Noes: None Absent: None Excused: Razo MOTION CARRIED Unanimous At 8:20 p.m. Deputy Mayor Heinrichs recessed the regular meeting to convene into executive session. He asked the Borough manager and the clerk's office staff to join the executive session. Regular Assembly Meeting January 4, 2001 W. Stevens, Turner, Abell, Bonney, Branson, Heinrichs Volume XXVI Page 199 At 9:06 p.m. Deputy Mayor Heinrichs reconvened the regular meeting and announced that no action would be taken as a result of the executive session. ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 9:06 p.m. /j ATTEST: zat Judith A. Nie_ Borough Clerk Regular Assembly Meeting January 4, 2001 Robin Heinrichs Deputy Mayor Approved: 02/01/2001 ADJOURNMENT Volume XXVI Page 200