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07/06/2000 RMKODIAK ISLAND BOROUGH Regular Assembly Meeting July 6, 2000 A regular meeting of the Kodiak Island Borough Assembly was held July 6, 2000 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. Mayor Stevens led the Pledge of Allegiance. There were present: ROLL CALL Mayor: Gary L. Stevens Assemblymembers: Tom Abell Robin Heinrichs Scott Arndt Darlene Turner Tuck Bonney Pat Branson Absent: Greg Spalinger comprising a quorum of the Assembly; and Dave Jensen, Manager Judi Nielsen, Borough Clerk Patti Kirkpatrick, Deputy Clerk Assemblymember Spalinger was out and asked to be excused. ARNDT, moved to excuse seconded by TURNER Assemblymember Spalinger. VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OF AGENDA Unanimous voice vote HEINRICHS, moved to approve the seconded by ARNDT agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES 1. Kodiak Island Borough Assembly Regular Meeting of June 1, 2000. ARNDT, moved to approve the seconded by BRANSON minutes of June 1, 2000. Assemblymember Branson asked that the spelling of Renee Vandercamp's name on page 3 be corrected to Renee Darrenkamp. Regular Assembly Meeting July 6, 2000 REGULAR MEETING APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XXVI Page 90 VOTE ON MOTION AS CORRECTED MOTION CARRIED AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS Unanimous voice vote Mayor Stevens read into the record a letter received from Kathie Lopez urging funding to Small World. Thea Falcone, representative of Kodiak Alliance for the Mentally Ill (KAMI) and State MAMI Board, thanked the Assembly for their continued support and urged approval of Contract No. 2000 -16. Walt Donat, Dennis's Towing, said that awarding Contract No. 2000 -15 to Rhino Towing was a disservice to the community. He felt his company would save the Borough more money in the long -run. In response to Assemblymember Turner, Mr. Donat said he saw his competitor illegally towing vehicles; however, he had not reported the incident. Assemblymember Arndt said it was unfortunate the bids were so close; however, he would favor the contract based on the lowest bidder. Manager Jensen said he was comfortable that the owner of Rhino Towing was operating in compliance with federal and state laws. Matt Jamin, president of Thresholds Services, spoke to Contract No. 2000 -11. He noted Thresholds continued to provide jobs for persons with disabilities through recycling. He wanted to discuss a more active role in recycling at a future work session. He thanked the Assembly for their continued support. Woody Konig, Thresholds Board member, thanked the Assembly for their support. He said they recycled 250 tons of cardboard in one year. He said they applied for grants, which would allow them to hire an executive director and potentially hire an education specialist. Katy Parrish, director of Small World, requested funding as Small World had been a provider of education services to the community for 30 years. She noted the center was mandated to report suspicion of neglect or abuse and did not feel they should be included under health services. Monty Hauver, Brother Frances Shelter, thanked the Assembly for their continued support. Ruth Ann Gorman, public health official, thanked the Assembly for their continued assistance to a clinic that provided immunizations, the family clinic, and Regular Assembly Meeting July 6, 2000 AWARDS AND PRESENTATIONS CITIZENS COMMENTS Volume XXVI Page 91 treated communicable diseases. She also encouraged funding for Small World. Ginny Sargeant phoned to say that 36 -40 Hope Cottage clients were supported through Respite Care Services. She said the Special Olympic World Games would be held in Anchorage and their hockey team would attend. She thanked the Assembly for their continued support. COMMITTEE REPORTS Phil Cline, Providence Kodiak Island Hospital administrator, advised that the hospital was financially in good shape. He said the books were closed June 30 and there was an operating margin of 5.2% in the first six months. He presented a copy of the financial report for fiscal year 1999 and a check for $217,661.77 to Mayor Stevens. PUBLIC HEARING A. Transfer of a Beverage Dispensary License from Ernest and Dorothy Hopper and Virginia Ball doing business as Hopper Valley Roads End, Located at Mile 42 Chiniak Road, Kodiak Island Borough, Alaska 99615 To Ernest Hopper (same d /b /a and location). BRANSON, seconded by ARNDT Manager Jensen noted this would transfer the license to one person who would continue to operate the same business at the same location. Mayor Stevens noted that 15 public notices were mailed and one response voicing non - objection was received. Mayor Stevens called for public testimony; seeing and hearing none, he reconvened the regular meeting at 8:00 p.m. VOTE ON MOTION Ayes: Noes: Regular Assembly Meeting July 6, 2000 moved to voice non - objection to the Alcoholic Beverage Control Board of the application to transfer ownership of an existing beverage dispensary license from Ernest and Dorothy Hopper and Virginia Ball, doing business as Hopper Valley Roads End, to Ernest Hopper (same d /b /a and location). Abell, Arndt, Bonney, Branson, Heinrichs, Turner None COMMITTEE REPORTS PUBLIC HEARING TRANSFER OF A BEVERAGE DISPENSARY LICENSE Volume XXVI Page 92 Absent: Spalinger MOTION CARRIED Unanimous BOROUGH MANAGER'S REPORT None. MESSAGES FROM THE BOROUGH MAYOR Mayor Stevens reminded the Assembly of the upcoming Alaska Municipal League meeting August 24 -25 in Fairbanks. UNFINISHED BUSINESS UNFINISHED BUSINESS None. NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 2000 -10 Audit Services for the CONTRACT Kodiak Island Borough and Kodiak Island NO. 2000 -10 Borough School District for the Fiscal Year Ending June 30, 2000. HEINRICHS, moved to approve Contract seconded by BRANSON No. 2000 -10 with Deloitte & Touche of Anchorage in an amount not to exceed $59,800. Manager Jensen said Deloitte & Touche would audit and report on behalf of the Borough and School District for fiscal year 2000. He advised the professional fees approximated $36,100 for the Borough and $23,700 for the School District for a total of $59,800. VOTE ON MOTION TO APPROVE Ayes: Arndt, Bonney, Branson, Heinrichs, Turner, Abell Noes: None Absent: Spalinger MOTION CARRIED Unanimous 2. Contract No. 2000 -11 Fiscal Year 2001 CONTRACT Funding for Thresholds Recycling NO. 2000 -11 BRANSON, moved to approve Contract seconded by ARNDT No. 2000 -11 with Thresholds Services, Inc. of Kodiak in an amount not to exceed $60,000. Manager Jensen advised that Thresholds had received a quarterly payment of $15,000, not to exceed $60,000 per year, for recycling services since August 1996. Regular Assembly Meeting July 6, 2000 MANAGER'S REPORT MESSAGES FROM THE MAYOR Volume XXVI Page 93 He noted their goal for fiscal year 2001 was to promote recycling in the community and to hire more persons experiencing disabilities. Assemblymember Branson asked to meet with Thresholds for an update of services they provide as well as an updated Memorandum of Agreement. Assemblymember Abell favored looking into ways to generate recycling efforts in the community. VOTE ON MOTION TO APPROVE Ayes: Noes: None Absent: Spalinger MOTION CARRIED Unanimous 3. Contract No. 2000 -12 Kodiak Island Borough CONTRACT Facilities Fuel Oil Delivery for Fiscal NO. 2000 -12 Year 2001. ARNDT, seconded by HEINRICHS Bonney, Branson, Heinrichs, Turner, Abell, Arndt moved to award Contract No. 2000 -12 to Thompson Transfer, Inc. of Kodiak for time and materials. Manager Jensen advised the contract provided #1 and #2 fuel to the Baler facility, Borough building, Chiniak Tsunami Shelter and the Kodiak Fisheries Research Center and Apartments. He said two bids were received and the low bidder was Thompson Transfer. He recommended awarding the contract to Thompson Transfer in an amount not to exceed $306,440. In response to Assemblymember Heinrichs, Manager Jensen said the price had significantly increased over last year. He said the school district was equally concerned with high fuel costs. BONNEY, moved to postpone seconded by HEINRICHS Contract No. 2000 -12 to July 20, 2000. In response to Assemblymember Heinrichs, Manager Jensen did not know if postponing the contract would affect the price of fuel. He would obtain answers before the next meeting. VOTE ON MOTION TO POSTPONE Ayes: Branson, Heinrichs, Turner, Abell, Bonney Noes: Arndt Absent: Spalinger Regular Assembly Meeting July 6, 2000 Volume XXVI Page 94 MOTION CARRIED 5 Ayes, 1 No 4. Contract No. 2000 -13 Bond Counsel for Legal CONTRACT Services for General Obligation Bonds for NO. 2000 -13 School Capital Projects within the Kodiak Island Borough. BONNEY, moved to approve Contract seconded by BRANSON No. 2000 -13 with the Law Firm Birch, Horton, Bittner, and Cherot of Anchorage in an amount not to exceed $12,500. Manager Jensen said this contract allowed the law firm to perform legal services as part of the bond sale for school capital projects. Mayor Stevens clarified that the school capital projects were for the high school roof and Peterson Elementary. In response to Assemblymember Arndt, Manager Jensen said the law firm would incur estimated out of pocket expenses of $2,500. ARNDT, seconded by BONNEY VOTE ON MOTION TO AMEND Noes: None Absent: Spalinger MOTION CARRIED Unanimous VOTE ON MOTION TO APPROVE AS AMENDED Ayes: Noes: None Absent: Spalinger MOTION CARRIED Unanimous TURNER, seconded by HEINRICHS Regular Assembly Meeting July 6, 2000 moved to amend Contract No. 2000 -13 for an amount not to exceed $15,000. Ayes: Heinrichs, Turner, Abell, Arndt, Bonney, Branson Turner, Abell, Arndt, Bonney, Branson, Heinrichs 5. Contract No. 2000 -14 Maintenance Agreement CONTRACT with New World Software. NO. 2000 -14 moved to approve Contract No. 2000 -14 with New World Systems Corporation for the period of July 1, 2000 to June 30, 2003 in an amount not to exceed $35,680. Volume XXVI Page 95 Manager Jensen advised that the Borough currently used this software company for its general ledger, accounts payable, accounts receivable, cash receipts, property tax, fixed assets, budget preparation, and other Borough functions. He said the agreement was for three years with a 90 day termination clause. In response to Assemblymember Heinrichs, Manager Jensen clarified that KB Systems, not New World Systems, handled the property assessment notices. VOTE ON MOTION TO APPROVE Ayes: TURNER, seconded by BONNEY Abell, Arndt, Bonney, Branson, Heinrichs, Turner Noes: None Absent: Spalinger MOTION CARRIED Unanimous 6. Contract No. 2000 -15 Junk Removal Program CONTRACT Services for Fiscal Year 2001. NO. 2000 -15 moved to approve Contract No. 2000 -15 with Rhino Towing of Kodiak for the amounts specified in their bid sheet. Manager Jensen advised that every two years the Borough advertised for towing services as a part of the Borough Junk Removal Program. He said two bids were received and briefly explained the methodology used in comparing the bids. He said that while he understood Mr. Donat's concerns, he recommended awarding the contract to Rhino Towing as the low bidder. Although Assemblymember Arndt wanted to ensure that Rhino Towing followed proper procedures, he favored approving the contract with the low bidder. In response to Mayor Stevens, Manager Jensen assured the Assembly that if Rhino Towing was not performing as specified in the contract, the contract could be terminated. Assemblymember Abell favored the contract; however, he cautioned that the business should have the right equipment to do the job properly. VOTE ON MOTION TO APPROVE Ayes: Arndt, Bonney, Branson, Heinrichs, Turner, Abell Noes: None Absent: Spalinger Regular Assembly Meeting July 6, 2000 Volume XXVI Page 96 MOTION CARRIED Unanimous HEINRICHS, Seconded by ARNDT Manager Jensen said the contract was corrected to reflect that the Borough would pay the utilities for one year. Assemblymember Branson noted that the term of the lease indicated the lease was for two years. Manager Jensen said that was an oversight and should be a one -year lease. BRANSON, seconded by ARNDT VOTE ON MOTION TO AMEND Ayes: 6. Contract No. 2000 -16 Lease Agreement Between the Kodiak Island Borough and Kodiak Alliance for the Mentally Ill (KAM I) . Noes: None Absent: Spalinger MOTION CARRIED Unanimous VOTE ON MOTION TO APPROVE AS AMENDED Ayes: Noes: None Absent: Spalinger MOTION CARRIED Unanimous Regular Assembly Meeting July 6, 2000 moved to approve Contract No. 2000 -16 with Kodiak Alliance for the Mentally Ill of Kodiak for the period of July 1, 2000 to June 30, 2001 in an amount not to exceed $400. moved to amend Contract No. 2000 -16 on page 1, Term of Lease to read: The term of the lease shall be for the period of one (1) year following the commencement of the term, unless sooner terminated as hereinafter provided. Bonney, Branson, Heinrichs, Turner, Abell, Arndt Branson, Heinrichs, Turner, Abell, Arndt, Bonney 8. Contract No. 2000 -17 Lease Agreement Between the Kodiak Island Borough and the American Red Cross. CONTRACT NO. 2000 -16 CONTRACT NO. 2000 -17 Volume XXVI Page 97 BONNEY, moved to approve Contract seconded by BRANSON No. 2000 -17 with the American Red Cross of Kodiak for the period of July 1, 2000 to June 30, 2002 in an amount not to exceed $1,680 per year. Manager Jensen reported this was a two year lease agreement for office space. VOTE ON MOTION TO APPROVE Ayes: Noes: None Absent: Spalinger MOTION CARRIED Unanimous Regular Assembly Meeting July 6, 2000 Heinrichs, Turner, Abell, Arndt, Bonney, Branson, Heinrichs After a five minute recess, Mayor Stevens reconvened the meeting at 8:40 p.m. B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 2000 -18 Approving Fiscal Year 2001 Kodiak Island Borough Non - Profit Funding. ARNDT, moved to adopt Resolution seconded by HEINRICHS No. 2000 -18. Manager Jensen said this was the framework to distribute up to $390,700 in Borough funds appropriated for non - profit agencies. TURNER, moved to amend Resolution seconded by BONNEY No. 2000 -18 to increase the contribution for the Kodiak Youth Services Network from $5,000 to $12,000. Assemblymember Turner noted this program provided essential services to troubled youth island wide. She felt this was an investment in the future of the community and youth. Assemblymember Arndt agreed; however, he noted that level funding was agreed to in the work session. He said even though there were unallocated funds, no funding had been set aside for Karluk and there were pending legal matters. He opposed deficit spending and favored level funding. Manager Jensen clarified that the unallocated funds were derived from withheld funding from Karluk and from one -time non - profit requests. RESOLUTION NO. 2000 -18 Volume XXVI Page 98 Assemblymember Bonney was disappointed that there was no policy on how to allocate non - profit funds. He favored level funding. In response to Assemblymember Abell, Manager Jensen explained that funding had been provided to Karluk; however, he had not received the requested accounting. He said his last contact was with Alicia Reft in October of 1999. Assemblymember Bonney appreciated where Assemblymember Turner was coming from; however, he favored level funding until the goals, objectives, and direction of non - profit funding were discussed. If more funds were allocated to a specific non- profit, he would favor increasing funds to the Kodiak Womens Resource and Crisis Center ( KWRCC). VOTE ON MOTION TO AMEND Ayes: Turner Noes: Abell, Arndt, Bonney, Branson, Heinrichs Absent: Spalinger MOTION FAILED 1 Aye, 5 Noes BRANSON, moved to amend Resolution seconded by BONNEY No. 2000 -18 to increase funding to the Kodiak Womens Resource and Crisis Center (KWRCC) from $24,173 to $28,734 for a total contribution (including state pass through funds) of $32,250. Assemblymember Branson said the application included a cost per unit and she felt KWRCC justified the need for increased funds to hire an outreach coordinator who would travel twice a year to each village. Assemblymember Abell favored increased funding to KWRCC. He felt it was important to provide as many resources to the villages as possible. VOTE ON MOTION TO AMEND Ayes: Abell, Bonney, Branson, Heinrichs, Turner Noes: Arndt Absent: Spalinger MOTION CARRIED 5 Ayes, 1 No Manager Jensen advised the balance for unallocated funds was reduced to $23,374. Regular Assembly Meeting July 6, 2000 Volume XXVI Page 99 VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: Absent: MOTION CARRIED VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION HEINRICHS, seconded by BRANSON VOTE ON MOTION Ayes: Regular Assembly Meeting July 6, 2000 Arndt, Bonney, Branson, Heinrichs, Turner, Abell None Spalinger Unanimous 2. Resolution No. 2000 -19 Identifying Unresolved Issues in the Revision of the Kodiak National Wildlife Refuge Comprehensive Conservation Plan. BONNEY, moved to adopt Resolution seconded by BRANSON No. 2000 -19. Manager Jensen said the resolution was drafted to reflect the concerns expressed by the Assembly at the work session of May 25. In response to Assemblymember Arndt, Mayor Stevens asked staff to include a signature line for the Mayor and each Assemblymember. Bonney, Branson, Heinrichs, Turner, Abell, Arndt None Spalinger Unanimous 1. Ordinance No. 2000 -06 Amending Title 3 Revenue and Finance Chapter 3.30 Transient Accommodations Tax of the Kodiak Island Borough Code of Ordinances to Reflect Necessary Changes. moved to adopt Ordinance No. 2000 -06 in first reading to advance to public hearing on July 20, 2000. Manager Jensen said the changes made the ordinance more equitable and enforceable, would help businesses with timely filing, and clarified terms and procedures. Branson, Heinrichs, Turner, Abell, Arndt, Bonney RESOLUTION NO. 2000 -19 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 2000 -06 Volume XXVI Page 100 Noes: Absent: MOTION CARRIED D. OTHER ITEMS None Spalinger Unanimous 1. Resignation of Citizen Board of Equalization Member. BONNEY, seconded by BRANSON VOTE ON MOTION Noes: Absent: MOTION CARRIED CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Regular Assembly Meeting July 6, 2000 moved to accept, with regret, the resignation of Kelcy Lagasse from the Citizens Board of Equalization and direct the clerk to advertise the vacancy per borough code. Clerk Nielsen advised that Ms. Lagasse resigned and moved off - island. Ayes: Heinrichs, Turner, Abell, Arndt, Bonney, Branson None Spalinger Unanimous Margaret Hall, Senior Citizens of Kodiak, thanked the Assembly for their continued support. Mike Shephard inquired why the Borough didn't enforce covered loads to the landfill. He felt enforcement would help Kodiak remain beautiful. Manager Jensen would look into the requirements of covered loads. Mike Milligan appreciated the Assembly's hard work in allocating non - profit funding. Paul Alexander, KWRCC, thanked the Assembly for their continued support. Assemblymember Abell appreciated receiving the check from Providence Kodiak Island Hospital. Marie Chandler phoned to oppose providing medication to the mentally ill. Assemblymember Heinrichs thanked Mr. Cline for the check. He was pleased with the progress in sorting OTHER ITEMS RESIGNATION OF CITIZENS BOARD OF EQUALIZATION MEMBER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXVI Page 101 out non - profit funding. He wanted to work on resolving non - profit guidelines by the end of summer. Assemblymember Heinrichs expressed his sympathy to the Williamson family. He said Dennis Williamson was a well -known fireman who was well respected by the community and who would be greatly missed. Assemblymember Arndt expressed his condolences to the Williamson family. Assemblymember Branson thanked Providence for an excellent job. She appreciated the timeliness of revisiting the non - profit funding. She extended her condolences to the Williamson family. Assemblymember Bonney wanted to discuss non - profit funding at a work session. Mayor Stevens directed staff to place non - profit funding goals and objections on the July 13 work session agenda. ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 9:23 p.m. ATTEST: Borough Clerk Regular Assembly Meeting July 6, 2000 Gar May r evens, APPROVED: 07/20/2000 ADJOURNMENT Volume XXVI Page 102