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2003-06-05 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting June 5, 2003 A regular meeting of the Kodiak Island Borough Assembly was held June 5, 2003 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 Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. There were present: Mayor: Gabrielle LeDoux Assemblymembers: Tom Abell Pat Branson Tuck Bonney Absent: Robin Heinrichs comprising a quorum of the Assembly; and Pat Carlson, Manager Judi Nielsen, Borough Clerk Laura Casey, Assistant Clerk RAZO, seconded by BRANSON VOTE ON MOTION TO EXCUSE MOTION CARRIED: APPROVAL OF AGENDA BRANSON, seconded by RAZO VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES A. Kodiak May 1, WELLS, seconded by VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS A. Proclamations June 5, 2003 Greg Razo Wayne Stevens Nancy Wells moved to excuse Assemblymember Heinrichs. Unanimous Voice Vote moved to approve the agenda. Unanimous voice vote Island Borough Assembly Regular Meeting of 2003. moved to approve the BRANSON minutes as submitted. Unanimous voice vote Mayor LeDoux proclaimed June 8 -14, 2003 as "Filipino - American Heritage Week" urging all citizens to participate in the festivities celebrating the rich heritage and traditions of the Philippine Islands. Fely Quintana, Nita Nicolas, Sylvia Peregrino, and Gody Zarate accepted the proclamation. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS PROCLAMATIONS FILIPINO - AMERICAN HERITAGE WEEK Regular Assembly Meeting Volume XXVIII Page 74 CITIZENS COMMENTS None. COMMITTEE REPORTS A. U.S. Army Corps of Engineers Update Dr. Mollie Tevrucht, U.S. Army Corps of Engineers, reported on their five main projects of removal of contaminated soil and tanks from Chiniak, ground water projects, investigation of a drum cache at the Buskin River, Drury Gulch area, and cleaning contaminated soil mixed with asphalt from Anton Larsen to recycle into pavement for sections of Rezanof Drive. The Corps would hold an open house June 6, 2003 at Safeway. In response to Assemblymember Razo, Dr. Tevrucht said there would be additional testing of the surface water on Long Island. Captain Dave Davis, Crossing Guard Coordinator, reported another year of no accidents. He said there were 20 groups volunteering their time on a regular basis. He thanked the parents, kids, and drivers for being cautious. Mayor LeDoux thanked Captain Davis for coordinating the program. Assemblymember Razo reported on the possible budget cuts and the lack of fiscal planning and the effect it would have on the communities. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board Beverage Dispensary Transfer of Ownership for Hopper Valley Roads End at Mile 42, Chiniak AK 99615. (Current Licensee: Ernest Hopper; Licensee /Applicant: Patricia McCloskey) RAZO, moved to voice non seconded by BRANSON objection to the State of Alaska Alcoholic Beverage Control Board Beverage Dispensary Transfer of Ownership for Hopper Valley Roads End at Mile 42, Chiniak AK 99615. (Current Licensee: Ernest Hopper; Licensee /Applicant: Patricia McCloskey) Clerk Nielsen clarified this was not a complete transfer, that it was a 50/50 split and a motion was needed to add Ernest Hoppers as the Applicant. She said the borough had no interest that could be protected by protesting the approval of the application for transfer of the liquor license. RAZO, seconded by STEVENS VOTE ON MOTION TO AMEND Regular Assembly Meeting June 5, 2003 moved to amend to add Ernest Hopper as the Applicant. Ayes: Abell, Bonney, Branson, Razo, Sevens, Wells CITIZENS COMMENTS COMMITTEE REPORTS U.S. ARMY CORPS OF ENGINEERS CROSSING GUARD REPORT PUBLIC HEARING BEVERAGE DISPENSARY TRANSFER Volume XXVIII Page 75 Noes: None Absent: Heinrichs MOTION CARRIED Unanimous Mayor LeDoux opened the public hearing. Mel Stephens, on behalf of Ernest Hopper, said this was an uncontroversial issue and supported the transfer of ownership. Dennis Petersen opposed the transfer. He submitted documents of an altercation at the Roads Inn. He said there was improper management of Patricia McCloskey. Ruth Koson opposed the transfer stating there were several violations of Patricia McCloskey, one of not requiring her to get her TAM card for serving liquor. Patricia McCloskey said she thought she did the right thing by calling 911 regarding the night Mr. Peterson was referring to. In response to Assemblymember Wells, Ms. McCloskey said TAM cards were required within 30 days of employment. Mayor LeDoux closed the public hearing. In response to Assemblymember Stevens, Clerk Nielsen was . unaware if the Alcohol Control Board had received the information regarding the altercation. She advised the taxes were paid and the Alaska State Troopers had no incident reports. The assembly could postpone up to 60 days for further clarification. WELLS, seconded by BRANSON RAZO, seconded by BRANSON Regular Assembly Meeting June 5, 2003 moved to postpone to June 19,2003 regular meeting. VOTE ON MOTION TO POSTPONE Ayes: Branson, Razo, Stevens, Wells, Abell Noes: Bonney Absent: Heinrichs MOTION CARRIED 5 to 1 2. Ordinance No. 2003 -10 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2003 and Ending on the Thirtieth Day of June 2004 (2004 Fiscal Year Budget). moved to adopt Ordinance No. 2003 -10. Manager Carlson said this included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Enterprise Funds, and Internal Service Funds. This also levied a tax on the real and personal property within the Borough as well as upon natural resources extracted and removed from the Borough. ORDINANCE NO. 2003 -10 Volume XXVIII Page 76 STEVENS, seconded by BRANSON Noes: None Absent: Heinrichs MOTION CARRIED Unanimous Regular Assembly Meeting June 5, 2003 moved to amend Ordinance No. 2003 -10 by substitution. VOTE ON MOTION TO AMEND Ayes: Branson, Razo, Stevens, Wells, Abell, Bonney Noes: None Absent: Heinrichs MOTION CARRIED Unanimous Mayor LeDoux opened the public hearing. Mike Milliaan felt the Borough was well run. He stated that he rather give 100 dollars of his dividend to the Borough instead of having the State take the money. Mayor LeDoux closed the public hearing. BRANSON, moved to amend Ordinance seconded by ABELL No. 2003 -10 to Debit from the Economic Development Contracted Services Fund 100 - 160- 430 -140, $24,459 and credit $12,511 to Health and Sanitation Fund 100 - 185- 448 -910 and $11,948 to Education, Culture and Recreation Fund 100 - 190 - 448 -910. Assemblymember Branson said this puts money back into the non - profit line item prior to discussion on non- profit funding. Assemblymember Razo said it was appropriate to do it this way. This allows us to level the funding for non - profits. We may need to look at raising taxes after adoption of the budget. Assemblymember Branson said the funding is unknown until the governor signs his budget. Assemblymember Wells supported the amendment and Assemblymembers possible reconsideration of the budget. The Federal and State dollars are drying up and rather pay to local government for our current needs instead of paying it to Juneau. She wanted to give the community an opportunity to determine the well fare of the community. Assemblymember Stevens said this was proper approach for non - profit funding. Assemblymember Abell said this was not new money, just level funding. VOTE ON MOTION TO AMEND Ayes: Razo, Stevens, Wells, Abell, Bonney, Branson Volume XXVIII Page 77 Assemblymember Stevens thanked the staff for the work on the budget and preventing an increase in the mill levy. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Stevens, Wells, Abell, Bonney, Branson, Razo Noes: Absent: MOTION CARRIED BOROUGH MANAGER'S REPORT Manager Carlson said there maybe a decrease in grants for non profits. The budget would need to be reviewed throughout the year. MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux said now is the time to let the legislature hear our concerns regarding the proposed cuts. She announced the North Pacific Management Council would be meeting in Kodiak and Assemblymember Bonney, Manager Carlson and herself would testify to bring ground fish back to Kodiak based on the historical amount. She encouraged everyone to attend the fil -am festivities. UNFINISHED BUSINESS A. BOARD OF ADJUSTMENT 1. Determination Whether to Review and /or Clarify the Findings of Fact and Conclusions of the Board of Ad Decision to Reverse the Planning and Zoning Commission's Decision on Case No. 02 -025 to Affirm an Administrative Decision Denying Zoning Compliance to Construct an Attached Addition and Arctic Entry Onto an Existing Mobile Home Located at Jackson's Mobile Home Park Space #68. (Applicant /Appellant: Mr. Don Lakings) WELLS, moved to Determine seconded by ABELL whether to review and /or clarify the findings of fact and conclusions of the Board of Adjustments' decision to reverse the Planning and Zoning Commission's decision on Case No. 02 -025 to affirm an administrative decision denying zoning compliance to construct an Attached Addition and arctic entry onto an existing mobile home located at Jackson's Mobile Home Park space #68.(Applicant /Appellant: Mr. Don Lakings) Manager Carlson advised the Board of Adjustment that they have the right to review their decision with a positive vote. VOTE ON MOTION TO REVIEW Ayes: Wells, Abell, Bonney, Branson, Razo, Regular Assembly Meeting June 5, 2003 None Heinrichs Unanimous BOROUGH MANAGER'S REPORT MESSAGES FROM THE BOROUGH MAYOR UNFINISHED BUSINESS BOARD OF ADJUSTMENT CASE NO. 02 -025 Volume XXVIII Page 78 Noes: Absent: MOTION CARRIED NEW BUSINESS A. CONTRACTS Stevens Heinrichs 5 to 1 1. Contract No. 2003 -12 Service Area No. 1 Road Maintenance and Repairs, Snow Removal, and Sanding. STEVENS, seconded by BRANSON moved to approve Contract No. 2003 -12 to Brechan Enterprises, Inc.'s of Kodiak, AK for time and materials based on the bid schedule. Manager Carlson said the contract was based on equipment, time, and material rates for the services. The bids were opened on May 6, 2003 and Brechan Enterprises, Inc. was the low and only bidder. The Service Area No. 1 Board reviewed and approved Brechan Enterprises, Inc.'s proposal to perform the road maintenance and repairs, snow removal and sanding for Service Area No. 1. This was the second year that Brechan had bid the work with rates remaining basically the same as the previous year. VOTE ON MOTION TO APPROVE Ayes: Noes: Absent: MOTION CARRIED: 2. Contract No. 2003 -13 Kodiak Island Administrative Building and School Snow Removal, Sanding, and Parking Maintenance. BRANSON, seconded by RAZO Regular Assembly Meeting June 5, 2003 Abell, Bonney, Branson, Razo, Stevens, Wells None Heinrichs Unanimous Borough Facilities Lot moved to award Contract No. 2003 -13 to T.C. Enterprises of Kodiak, AK for time and materials based on the bid schedule. Manager Carlson said bids were received from T.C. Enterprises and B &R Fish By Products. Both bid price schedules were compared and reviewed. Staff chose to compare both bids based on the amounts submitted for important pieces of equipment; those that are most commonly used in clearing snow and sanding the parking lot. Other items used in comparing include labor rates, profit /overhead rates, and references from other users of the bidder's services. VOTE ON MOTION TO AWARD Ayes: Bonney, Branson, Razo, Wells, Abell NEW BUSINESS CONTRACTS CONTRACT NO. 2003 -12 CONTRACT NO. 2003 -13 Volume XXVIII Page 79 Noes: Absent: MOTION CARRIED: 3. Contract No. 2003 -14 the Kodiak Fisheries Apartments. STEVENS, seconded by BRANSON Manager Carlson said the Borough advertised the need for janitorial services at the Near Island facilities and received four bids. Staff has reviewed the lowest responsive bid and recommends awarding the contract to Benjie's Janitorial Service. The responsive bids submitted are as follows: (1) Benjie's Janitorial Service, $34,360 (2) D &E Enterprises, $34,890 (3) Tuans Island Professional Service, $39,094 and (4) Non- responsive bid Staff performed reference checks on the low bidder and received favorable recommendations. VOTE ON MOTION TO AWARD Ayes: Branson, Razo, Stevens, Wells, Abell, Bonney Noes: Absent: MOTION CARRIED: B. RESOLUTIONS VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED: Regular Assembly Meeting June 5, 2003 None Heinrichs Unanimous Janitorial Services for Research Center and Dorm moved to award Contract No. 2003 -14 to Benjie's Janitorial Service of Kodiak, AK in an amount not to exceed $34,360. None Heinrichs Unanimous 1. Resolution No. 2003 -18 Accepting an Additional $160,000 for the Construction of the Anton Larsen Bay Public Access Project. BRANSON, moved to adopt Resolution seconded by RAZO No. 2003 -18. Manager Carlson seeks approval under construction revenues needed to complete the project. In response to Assemblymember Wells, Manager Carlson said this confirmed the amount of State participation due to the construction escalation since the time an engineer's estimate was performed. The agreement also requires that the Borough manage the facility until December 31, 2018. Razo, Stevens, Wells, Abell, Bonney, Branson None Heinrichs Unanimous CONTRACT NO. 2003 -14 RESOLUTIONS RESOLUTION NO. 2002 -18 Volume XXVIII Page 80 2. Resolution No. 2003 -19 Creating an Assessment District for the Formation of the Trinity Islands Subdivision Paving District. BRANSON, moved to adopt Resolution seconded by STEVENS No. 2003 -19. Manager Carlson said KIB Code Section 4.40.010A, provides for the creation of special assessment districts within service areas for capital improvements including asphalt paving, and defines the process for implementation, assessment, and payment of capital costs for those improvements to the properties located within the assessment district. Ayes: Stevens, Wells, Abell, Bonney, Branson, Razo Noes: None Absent: Heinrichs MOTION CARRIED: Unanimous C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2003 -05 Amending KIB Code of Ordinances Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.070 Compensation and Chapter 2.17 Rules of the Assembly Section 2.17.100 Miscellaneous to Clarify the Procedures for Official Borough Travel. WELLS, seconded by BRANSON BRANSON, seconded by RAZO moved to adopt Ordinance No. 2003 -05 in first reading to advance to public hearing on June 19, 2003. Clerk Nielsen said this will clarify the procedures for official Borough travel for the mayor and assemblymembers. VOTE ON MOTION TO ADOPT Ayes: Wells, Abell, Bonney, Branson, Razo, Stevens Noes: None Absent: Heinrichs MOTION CARRIED: Unanimous 2. Ordinance No. 2003 -06 Amending KIB Code of Ordinances Title 2 Administration and Personnel Chapter 2.17 Rules of the Assembly by Amending Section 2.17.070 Ordinances, Resolution, and Motions and by Adding Section 2.17.075 Emergency Ordinances. moved to adopt Ordinance No. 2003 -06 in first reading to advance to public hearing on June 19, 2003. Clerk Nielsen said this complies with Alaska Statutes 29.25.020 for the adoption of ordinances and resolutions. RESOLUTION NO. 2003 -19 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 2003 -05 ORDINANCE NO. 2003 -06 Regular Assembly Meeting Volume XXVIII June 5, 2003 Page 81 VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED: D. OTHER ITEMS 1. Appointment to the Board. WELLS, seconded by STEVENS Clerk Nielsen said the one seat the last election, when only one two seats vacant. VOTE ON MOTION TO APPOINT Ayes: Noes: Absent: MOTION CARRIED: 2. Community Development at a Salary Range 24 STEVENS, seconded by BRANSON VOTE ON MOTION TO AUTHORIZE Noes: Absent: MOTION CARRIED: CITIZENS COMMENTS None. ASSEMBLYMEMBER COMMENTS Abell, Bonney, Branson, Razo, Stevens, Wells None Heinrichs Unanimous Womens Bay Service Area moved to appoint Thomas J. Demi to the Womens Bay Service Area Board for a term to expire December 31, 2005. had been advertised since person was elected with Bonney, Branson, Razo, Stevens, Wells, Abell None Heinrichs Unanimous Department Director Hire Step K. moved to authorize to hire the Community Development Department Director at a salary range 24 step K. Manager Carlson said the higher salary was needed to hire an experienced director. Assemblymember Razo said the salary schedule needed to be reviewed. Ayes: Branson, Razo, Stevens, Wells, Abell, Bonney None Heinrichs Unanimous Assemblymember Branson thanked the staff for their work on the budget and said the state needed to come through with funding. Regular Assembly Meeting June 5, 2003 OTHER ITEMS APPOINTMENT TO WOMENS BAY SERVICE AREA BOARD COMMUNITY DEVELOPMENT SALARY RANGE CITIZENS COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXVIII Page 82 Assemblymember Bonney reminded everyone of the NPFM council meetings in town and the importance of the resources to come to Kodiak in order for the community to survive. Assemblymember Stevens said the desktop study for fiber optics are in town. Assemblymember Wells said discussions on what the community needed defined how we all pull together. Assemblymember Abell thanks Senator Stevens and Representative Ogg for the work they performed in Juneau. He said the borough has reached their level of support for the schools and does not want to raise taxes unless it was for a good reason Assemblymember Razo encouraged the community to call the governor to express their concerns with the school budget cuts. Mayor LeDoux announced the Assembly would meet in a work session on Thursday, June 12, at 7:30 p.m. in the Borough conference room; a joint work session on Tuesday, June 17, at 7:30 p.m. in the Borough conference room; and a regular meeting on Thursday, June 19, at 7:30 p.m. in the assembly chambers. ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 9:11 p.m. ATTEST: Judith A. Nie r -en, CMC Approved: 07/17/2003 Borough Clerk A. Nie Borough Clerk Regular Assembly Meeting June 5, 2003 Gabrielle LeDoux, Mayor ADJOURNMENT Volume XXVIII Page 83