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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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