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09/03/98A regular meeting of the Kodiak Island Borough Assembly was held September 3, 1998 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 David Davis of the Salvation Army, followed by the Pledge of Allegiance. There were present: ROLL CALL Gary Stevens, Presiding Tom Abell Scott Arndt Tuck Bonney Robin Heinrichs Bob Johnson (arrived at 7:36 p.m.) Absent: Wayne Stevens KODIAK ISLAND BOROUGH Regular Assembly Meeting September 3, 1998 comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC /AAE, Clerk Judi Nielsen CMC, Deputy Clerk Linda Freed, Community Development Director Assemblymembers Wayne Stevens and Bob Johnson were absent. HEINRICHS, seconded by BONNEY moved to excuse Assemblymembers Bob Johnson and Wayne Stevens. VOTE ON MOTION MOTION CARRIED Unanimous voice vote APPROVAL OF AGENDA AND CONSENT AGENDA HEINRICHS, moved to approve the seconded by BONNEY agenda and consent agenda. Regular Assembly Meeting September 3, 1998 REGULAR MEETING APPROVAL OF AGENDA AND CONSENT AGENDA Volume XXIV Page 164 Clerk Smith read the items for consideration under "Consent Agenda ". VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote Assemblymember Johnson arrived at 7:36 p.m. APPROVAL OF MINUTES A. Kodiak Island Borough Assembly regular meeting of August 6, 1998. HEINRICHS, moved to approve the seconded by ABELL minutes of August 6,- 1998.- - VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote AWARDS AND PRESENTATIONS A. Employee of the Month EMPLOYEE OF THE MONTH Mayor Jerome Selby presented the Employee of the Month Award to Judi Nielsen, Deputy Clerk /Records Manager, in the Clerks Office. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing and General Comments. Mike Milligan questioned if residents should continue to receive a larger Permanent Fund check or be responsible for services at the local level. He wanted the Assembly to look at where tax dollars were spent. Education should be funded; however, he asked about the tax dollars spent on education compared to dollars spent on buildings. Phil Cline, Providence Kodiak Island Hospital Administrator, reported that the financial reports were positive for the first six months. July had a Regular Assembly Meeting September 3, 1998 APPROVAL OF MINUTES AWARDS AND PRESENTATIONS CITIZENS' COMMENTS Volume XXIV Page 165 record high in bed days and surgery. He hoped for a modest gain in August with increased services in the specialty clinic and the ambulatory clinic. An allergist would be on board in October, and there was a focus to recruit a dermatologist, an orthopedic surgeon, and employees for key positions. B. Spill of National Significance Drill SPILL OF Presentation by British Petroleum, U.S. Coast NATIONAL Guard, and Department of Environmental SIGNIFICANCE Conservation. DRILL At the deferral of Mayor Selby, Linda Freed, Community Development Department Director, introduced planning team participants for the British Petroleum (BP) Spill of National Significance (SONS): Gary Willis, BP; Captain Bill Hutmacker, USCG; Tom Gallagher, BP; and Brad Hahn, Alaska Department of Environmental Conservation. Mr. Willis outlined the combined drill and the exercise objectives. An oil spill would be simulated in September with crews from fifteen different vessels including commercial fishing vessels and Coast Guard vessels. The Coast Guard District Commander declared the simulation to be of national significance. The public can keep apprised of the drill and activities on the Internet at www.state.ak.us /dec /sons /98 or attend the Unified Command briefing at the Kodiak Community College, room 127, on September 22 from 3 -4:00 p.m. via satellite link -up. Mr. Willis thanked the Assembly for their support. COMMITTEE COMMITTEE REPORTS REPORTS None. PUBLIC HEARING PUBLIC HEARING None. MESSAGES FROM MAYOR MESSAGES FROM THE BOROUGH Mayor Selby was pleased that the Mental Health Center MAYOR was operating positively. Regular Assembly Meeting September 3, 1998 Volume XXIV Page 166 He thanked the Coast Guard and the Department of Environmental Conservation (DEC) for their help in the clean -up of the oil spill in Womens Bay. This was the first test of the new Sub Area Contingency Plan, which was successful. Special thanks to Lt. Charles Aydlette, MSD- Kodiak (USCG). Jack Snook, Joint Fire Service District Consolidation Study Contractor, would be in Kodiak on September 29 to discuss the study. Anyone interested should attend the meeting. The state determined that Kodiak's population dropped to 13,848. He would review the information to determine if an appeal was worthwhile. He attended the Year 2000 Conference (Y2K) with Senator Stevens. The Y2K was far reaching because computer chips, including those in some home heating thermostats and automobiles, were not Y2K compatible. There was a committee working on a resolution. He received a thank you letter and certificate of appreciation from the Kodiak Wildlife Refuge for the staff members who volunteered this summer at salmon camp. He met with Secretary of Commerce William Daly and Senator Ted Stevens concerning fisheries in Alaska. Secretary Daly left with a greater appreciation of his agency's role in Alaska fisheries. Funding for hatchery fish service was increased $48 million for the coming year. He referred to the change orders for the Kodiak Fisheries Research Center for a compressed air system in the lavatory as requested by the research staff. There were several small changes that totaled $20,000 for contractor McCarthy /SDL; however, the total change orders exceeded $50,000. The Borough received $1,857,100 from the Exxon - Valdez Oil Spill Trustee Council for the Village Master Waste Management Program. This followed last year's study funded by the Council for $250,000. An Regular Assembly Meeting September 3, 1998 Volume XXIV Page 167 official report detailed how to spend the funds over the next two years. The General Services Administration lease of the National Oceanic and Atmospheric Administration portion of the Kodiak Fisheries Research Center was increased by $18,000 per year. The reserve account funds used to complete the building would be returned, plus interest, for the next twenty years. He updated the 1996 Mark Air Terminal study with figures based on the Alaska Industrial Development and Export Authority (AIDEA) report. The report did not include additional revenues for use of the new baggage handling unit that both airlines were interested in. This was the number one Alaskan project for AIDEA grant funds. He clarified that his direction from the Assembly was outlined in Resolution No. 96 -37. VFW representatives asked to meet with the Assembly at the September 10 work session to discuss their proposal for building on Near Island. He will provide financial information on that project to the Assembly. On the next agenda would be the resolutions listing the capital improvement projects. He would present a revised budget ordinance at the next work session. He anticipated receiving a grant for the Case Management Program, $16,000 from the Coastal Management Grant, GDM settlement funds for the Peterson Elementary School renovations, an additional $227,000 from the Exxon - Valdez Oil Spill Trustee Council, and $400,000 from the Oil Spill Equipment Grant. Mayor Selby answered Mr. Milligan's question in that $1.25 million went to buildings, as approved by the voters in 1993, and the Kodiak Island Borough School District received $9.47 million from taxes at 9.25 mills. Regular Assembly Meeting September 3, 1998 Volume XXIV Page 168 UNFINISHED BUSINESS 1. Ayes: Appointment to Providence Kodiak Island Mental Health Center Advisory Board. JOHNSON, seconded by ARNDT VOTE ON MOTION Noes: Absent: MOTION CARRIED NEW BUSINESS A. CONTRACTS seconded by BONNEY Regular Assembly Meeting September 3, 1998 moved to appoint to the two vacant seats that expire December 1999 on the Providence Kodiak Island Mental Health Center Advisory Board by ballot. Abell, Arndt, Bonney, Heinrichs, Johnson, G. Stevens None W. Stevens Unanimous After tabulation of the ballots, Clerk Smith announced that David Davis and Roger R. Nagarkar received the highest votes and, therefore, were appointed to the Board. 1. Contract No. 98 -42 Concrete Slab for Kodiak Island School District Freezers. HEINRICHS, moved to award Contract No. 98 -42 to Enterprises, in an amount $23,775. Brechan Inc. of Kodiak not to exceed Mayor Selby said the slab would be used for short - term freezer storage; however, if the freezers were UNFINISHED BUSINESS APPOINTMENT TO PROVIDENCE KODIAK ISLAND MENTAL HEALTH CENTER ADVISORY BOARD NEW BUSINESS CONTRACTS CONTRACT NO. 98 -42 Volume XXIV Page 169 ever moved, the slab could accommodate a storage van that could be used for dry storage. At the request of Assemblymember Arndt, Robert Tucker, school district maintenance director, said that putting the walk -in style freezers on a concrete slab was required by the fire marshall. He added that the concrete slab would accommodate other uses if the freezers were moved. In response to Presiding Officer G. Stevens, Mr. Tucker said the expanded breakfast program and state guidelines for reduced fat increased the need for frozen food, increasing the need for added freezer space. In response to Assemblymember Heinrichs, Mr. Tucker said the slab would be sloped to eliminate standing water under the freezers. Timbers in front of the slab would prevent forklift damage. At Assemblymember Arndt's inquiry, Mr. Tucker said the freezers were designed for outdoor use and had a 15 -year life expectancy. VOTE ON MOTION TO AWARD Ayes: Arndt, Bonney, Heinrichs, Johnson, Abell, G. Stevens Noes: None Absent: W. Stevens MOTION CARRIED Unanimous 2. Contract No. 98 -43 Employment Contract CONTRACT between the Kodiak Island Borough Assembly NO. 98 -43 and the Borough Manager. JOHNSON, seconded by BONNEY Presiding Officer G. Stevens said this was the culmination Regular Assembly Meeting September 3, 1998 moved to approve Contract 98 -43 with Thomas J. Manninen. Volume XXIV Page 170 of the long process to change to the manager plan of government. He thanked the Assembly for their input and Assemblymember Arndt for his assistance during negotiations with Mr. Manninen. He thanked the Clerks Office for their assistance with the receptions and travel plans. VOTE ON MOTION TO APPROVE Ayes: Bonney, Heinrichs, Johnson, G. Stevens Noes: Abell, Arndt Absent: W. Stevens MOTION CARRIED 4 Ayes, 2 Noes B. RESOLUTIONS 1. Resolution No. 98 -27 Authorizing a Claim Settlement of All Disputes Between the Kodiak Island Borough and GDM, Inc. Relating to the Peterson Elementary School Rehabilitation Project. Presented for consideration was Ordinance No. 98 -27 that, if adopted, authorized the settlement and payment to the Kodiak Island Borough by GDM, Inc. in the amount of $167,000. HEINRICHS, moved to adopt seconded by BONNEY Resolution No. 98 -27. Mayor Selby said this was a settlement for the Peterson Elementary School renovation and addition where the Borough questioned the architects' work. The Borough and GDM achieved a settlement of $167,000. He recommended approval of the settlement. In response to Assemblymember Heinrichs, Mayor Selby said this was $14,000 less than the true cost to the Borough of $187,000. He added that the insurance company would underwrite a portion of the settlement. Regular Assembly Meeting September 3, 1998 RESOLUTIONS RESOLUTION NO. 98 -27 Volume XXIV Page 171 At Presiding Officer Stevens' inquiry, Mayor Selby said that if the settlement was not acceptable, the only other option would be to go to arbitration. He said the Borough attorney determined that arbitration costs could be $20,000 and may be unsuccessful. VOTE ON MOTION TO ADOPT Ayes: Heinrichs, Johnson, Abell, Arndt, Bonney, G. Stevens Noes: None Absent: W. Stevens MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION ORDINANCES 1. Ordinance No. 97 -10E Amending Ordinance No. ORDINANCE 97 -10 Fiscal Year 1998 Budget to Reflect NO. 97 -10E Child Care Grant Amendments. Presented for consideration was Ordinance No. 97 -10E that, if adopted, amended the 1997 fiscal year budget to accept the Department of Community and Regional Affairs child care grant funds. This item was advanced to public hearing on September 22, 1998 under "Consent Agenda ". 2. Ordinance No. 98 -24 Amending Kodiak Island ORDINANCE Borough Code Title 15 Buildings and NO. 94 -24 Construction to Provide for the Change to a Manager Plan of Government. Presented for consideration was Ordinance No. 98 -24 that, if adopted, amended Kodiak Island Borough code to enact provisions for the reorganization of the municipal executive and administrative functions. This item was advanced to public hearing on September 22, 1998 under "Consent Agenda ". Regular Assembly Meeting September 3, 1998 Volume XXIV Page 172 3. Ordinance No. 98 -25 Amending Kodiak Island ORDINANCE Borough Code Title 18 Borough Real Property NO. 98 -25 to Provide for the Change to a Manager Plan of Government. Presented for consideration was Ordinance No. 98 -25 that, if adopted, amended Kodiak Island Borough code to enact provisions for the reorganization of the municipal executive and administrative functions. This item was advanced to public hearing on September 22, 1998 under "Consent Agenda ". 4. Ordinance No. 98 -10B Amending Ordinance No. ORDINANCE 98 -10 1999 Fiscal Year Budget to Accept NO. 98 -10B Additional Funds for the Kodiak Island Borough Coastal Management Program and the Purchase of Oil Spill Response Equipment. Presented for consideration was Ordinance No. 98 -10B that, if adopted, amended the 1999 fiscal year budget to accept funds to implement the Borough's coastal management program, a coastal management project to develop geographic response plans, and create a capital project for oil spill response equipment. This item was advanced to public hearing on September 22, 1998 under "Consent Agenda ". 5. Ordinance No. 98 -26 Amending the Kodiak ORDINANCE Island Borough Code of Ordinances Title 1 NO. 98 -26 General Provisions, Title 6 Animals, Title 8 Health and Safety, Title 9 Public Peace, Morals, & Welfare, Title 10 Vehicles and Traffic, Title 13 Utilities, Title 15 Buildings and Construction, Title 17 Zoning, and Title 18 Borough Real Property to Address Surcharges on Criminal Offenses. Presented for consideration was Ordinance No. 98 -26 that, if adopted, amended the Kodiak Island Borough code to provide for surcharges on penalties of $30. This item was advanced to public hearing on September 22, 1998 under "Consent Agenda ". Regular Assembly Meeting September 3, 1998 Volume XXIV Page 173 D. OTHER ITEMS 1. Providence Kodiak Island Mental Health Center Advisory Board Vacancy. JOHNSON, seconded by BONNEY BONNEY, seconded by HEINRICHS JOHNSON, seconded by ARNDT Regular Assembly Meeting September 3, 1998 moved to declare the seat of Lt. Mark L. Everett on the Providence Kodiak Island Mental Health Center Advisory Board vacant. There was no discussion by the Assembly. VOTE ON MOTION MOTION CARRIED Unanimous voice vote 2. Appointment to Providence Kodiak Island Mental Health Center Advisory Board. moved to confirm the Mayor's appointment of Lt. Tish Palmer to a seat on the Providence Kodiak Island Mental Health Center Advisory Board. There was no discussion by the Assembly. VOTE ON MOTION MOTION CARRIED Unanimous voice vote 3. Appointment to Providence Kodiak Island Hospital Advisory Board. moved to appoint Paul Alexander to a seat on the Providence Kodiak Island Hospital Advisory Board for a term to expire December 1999. There was no discussion by the Assembly. OTHER ITEMS PROVIDENCE KODIAK ISLAND MENTAL HEALTH CENTER ADVISORY BOARD VACANCY APPOINTMENT TO PROVIDENCE KODIAK ISLAND MENTAL HEALTH CENTER ADVISORY BOARD APPOINTMENT TO PROVIDENCE KODIAK ISLAND HOSPITAL ADVISORY BOARD Volume XXIV Page 174 VOTE ON MOTION MOTION CARRIED Unanimous voice vote INFORMATIONAL INFORMATIONAL MATERIAL (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Providence Kodiak Island Mental Health Center Advisory Board Regular Meetings of April 27 and May 26 and Work Session of June 22, 1998. 2. Womens Bay Service Area Board Regular Meeting of April 13 and Special Meetings of May 18 and June 11, 1998. 3. Service District No. 1 Board Meeting of July 14, 1998. 4. Personnel Advisory Board Regular Meeting of July 22, 1998. 5. Local Emergency Planning Committee Regular Meeting of June 25, 1998. B. REPORTS REPORTS 1. Kodiak Island Borough July 1998 Financial Report. 2. Director's Report of July 27, 1998 to the Mental Health Center Advisory Board. 3. Mental Health Center Advisory Board Second Quarter Narrative Report. 4. Kodiak Island Borough School District Board of Education Special Meeting Summary of August 3, 1998. 5. Kodiak Area Transit System July 1998 Report. C. OTHER None. CITIZENS' COMMENTS None. Regular Assembly Meeting September 3, 1998 OTHER CITIZENS' COMMENTS Volume XXIV Page 175 ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Abell commented on the tedious task of hiring a manager. Although he voted no on the motion, he said he was behind Mr. Manninen 100 percent; however Mr. Manninen was not his first choice. He received a phone call from someone who felt some Assemblymembers were attempting to micro - manage. Assemblymember Abell encouraged residents to voice their concerns to Assembly. Assemblymember Heinrichs congratulated Deputy Clerk Judi Nielsen as the Employee of the Month. He thanked her for being a team player and a competent employee. He congratulated Director Freed on an article in Coastal Currents regarding the National Coastal Management Program. He said the Borough was in a positive position. He thanked Mayor Selby for the KFRC change order and asked if Chris Lynch, Engineering & Facilities Director, or Mayor Selby could discuss the changes at the next work session. He congratulated the Clerks Office on the last election. He felt that the use of the new state voting equipment was a success. Assemblymember Johnson congratulated Deputy Clerk Nielsen as a competent employee. He congratulated Director Freed for joining the fitness program at Kelly's Gym. He was glad Assemblymember Abell spoke of the split vote on the manager contract and hoped that Mr. Manninen would have the full support of the Assembly. Presiding Officer Stevens felt the Assembly did their best to prepare for a smooth transition to the manager plan of government. ANNOUNCEMENTS ANNOUNCEMENTS Presiding Officer G. Stevens announced that the Assembly would meet in a work session on Thursday, September 10 at 7:30 p.m. in the Borough conference room, and a regular meeting on Tuesday, September 22 at 7:30 p.m. in the Assembly chambers. Members of the Assembly would travel to King Salmon September Regular Assembly Meeting September 3, 1998 Volume XXIV Page 176 17 -19 to attend the Southwest Alaska Municipal Conference meetings. ADJOURNMENT ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 8:54 ATTEST: 0,44, Donna F. Smith, CMC /AAE Borough Clerk APPROVED: 09/22/98 Regular Assembly Meeting September 3, 1998 Gar, L. Stevens, Presiding Officer Volume XXIV Page 177