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1989-04-20 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held April 20, 1989, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:32 p.m. (A verbatim record is on file in the Clerk's office) The invocation was given by Pastor Merle Watkins of the Berean Baptist Church followed by the Pledge of Allegiance. There were present: ROLL CALL Lorne White, Presiding Jack McFarland John Parker Absent: Ann Barker (Excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Gaye Vaughan, Borough Clerk APPROVAL OF AGKmDR PARKER, seconded by AUSTERMAN MOTION CARRIED Orr AGENDA PARKER, seconded by MCFARLAND MOTION CARRIED APPROVAL OF MINUTES KIBS103849 KODIAK ISLAND BOROUGH Regular Assembly Meeting April 20, 1989 Alan Austerman Tom Merriman Wayne Stevens moved to withdraw Resolution No. 89 -22 -R and approve agenda as amended. Unanimous voice vote The items on the consent agenda were read aloud by the Borough Clerk. moved to approve consent agenda. Unanimous voice vote A. K.I.B. Assembly Regular Meetings of March 16, 1989 and April 6, 1989. This item was previously approved under the "Consent Agenda." CITIZENS' angarrs CITIZENS' COMMENTS Bill Oliver, K.I.B. School Board Member urged the assembly to adopt Resolution No. 89 -24 -R and noted that the proposed school budget of $15,345,000 was a reduction over last year's budget. He reviewed proposed state funding for this year adding that the school board had worked very hard to keep the budget as low as possible. John Wittenveen, Superintendent of Schools, shared Mr. Oliver's concerns regarding school funding by the state this year. He stated that a lot of work had gone into this budget and urged the assembly to support and approve Resolution No. 89 -24 -R. David Nease, Kodiak Electric Association Manager, spoke to Resolution No. 89 -25 -R concerning HB210, noting that as written HB210 was a bad bill. He referred to the study used when the Terror Lake power project was built. He approved the concept but felt this bill would not do as promised. As president of KISA, Mr. Nease spoke in favor of Resolution No. 89 -27-R. He noted that SB386 was an anti -gun bill and not an anti - assault gun bill. He thought it was ridiculous to punish a gun. April 20, 1989 REGULAR MEETING APPROVAL OF AGENDA APPROVAL OF CONSENT AGENDA APPROVAL OF MINUTES Page b] Kodiak Island Borough Regular Assembly Meeting Giovanni Tallino, also spoke in favor of Resolution No. 89 -27 -R. CITIZENS' COMMEN7S COMMITTEE REPORTS COMMITTEE REPORTS Assemblyman Austerman reported the Gear Storage Task Force had met to set their goals and objectives, and anticipated coming to the assembly with recommendations within the next three weeks. Son Hartt, Planning and Zoning Representative, stated he was in the audience if anyone had questions to address to him. Appointments To Bay View Road Service Area Advisory APPOINTMENTS TO Board. BAY VIEW ROAD SERVICE AREA ADVISOF PARKER, moved to appoint Reed Oswalt BOARD seconded by MERRIMAN and Ron Chase to the Bay View Road Service Area Advisory Board. MOTION CARRIED Unanimous Voice Vote B. Appointments To Parks And Recreation Committee. AUSTERNAN, moved to appoint Gloria seconded by Parker Wiechmann for the term expiring 1991 and Forest Blau for the term expiring 1990 to the Parks and Recreation Committee. MOTION CARRIED PUBLIC BEARING Unanimous Voice Vote Ordinance NO. 89 -10 -0 Amending K.I.B. Code By Adding Section ORDINANCE 3.2O.O8O(F), Property Exempted From Taxation. NO. 89 -10 -0 STEVENS, moved to adopt Ordinance seconded by MCFARLAND No. 89 -08 -0. The presiding officer called for public testimony; there being none, the assembly was reconvened. STEVENS, seconded by MCFARLAND moved to amend by replacing "alteration of the natural features of the land" with "landscaping." VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous Voice Vote VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Austerman, McFarland, Merriman, Parker, Stevens, White Noes: None MOTION CARRIED 6 Ayes, 0 Noes Resolution No. 89 -26 -R Establishing a Committee of the Assembly to Obtain Input from Borough Employees Concerning Methods of Improving Communication Among the Employees, the Assembly, and the Administration. STEVENS, moved to adopt Resolution seconded by MERRIMAN 89 -26 -R. The presiding officer called for public testimony. April 20, 1989 Page 66 K1BS103850 APPOINTMENTS TO PARKS AND RECREA- TION COMMITTEE PUBLIC HEARING RESOLUTION NO. 89 -26 -R Kodiak Island Borough Regular Assembly Meeting Susan Hamilton, questioned whether the gist of the entire resolu- PUBLIC HEARING tion was to reaffirm an action taken in 1980. She disagreed with the statement made in the resolution concerning the price of oil. She questioned the need of a resolution to enhance the RESOLUTION relationship between assembly and employees if, as stated in the NO. 89 -26 -R resolution, the relationship was already very good. Ms. Hamilton (continued) felt statements within the resolution contradicted themselves. Jane Green agreed with the comments made by Ms. Hamilton and felt the employees have a right to organize. She thought that the resolution was double talk by the assembly. The presiding officer closed the public testimony and reconvened the assembly. Assemblyman McFarland indicated that he was somewhat surprised by the public feedback. He stated that he had been promoting better communication because there had been a lack of communication. He felt this resolution was the format to establish a process toward developing better communication. He stated that there was no intention to deceive or undermine anything the employees were doing or planning to do, such as organizing. He hoped that the employees would look at the alternatives. Assemblyman Austerman disagreed somewhat with Ms. Hamilton's statements. He said the assembly was not interfering with the employees' right to organize. Taken as a whole, he felt the resolution did not contradict itself and made sense. He wanted to strike the "whereas" pertaining to the price of oil, as he felt it had nothing to do with the resolution, but supported the resolution. Assemblyman Stevens also spoke in favor of the resolution. He said that the assembly was concerned and attempting to lay out some ground rules within which they could reach a resolution on employees' concerns which were brought forth by the employees at a meeting with some assembly members a few weeks ago. Assemblyman Merriman concurred with Assemblyman Stevens' comments. He said that the idea of this resolution was to bring about a closer harmony between the concerns expressed by employ- ees and what was right. He supported the resolution. Assemblyman Parker felt the concept was fine but thought a great deal of the wording was superfluous. He stated he would vote against the motion. AUSTERMAN, seconded by MERRIMAN VOTE ON MOTION TO AMEND Ayes: April 20, 1989 Page 67 KIBS103851 moved to amend by striking the second "whereas" paragraph on page two of Resolution 89 -26 -R. Austerman, Merriman, McFarland, Parker, Stevens, White Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Austerman, Merriman, Stevens, White Noes: McFarland, Parker MOTION CARRIED 4 Ayes, 2 Noes KIBS103852 Kodiak Island Borough Regular Assembly Meeting MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYLR Mayor Selby reported on his testimony before the North Pacific Fisheries Management Council last Wednesday concerning the pollock situation, and the five points developed at a Kodiak community meeting. He felt the North Pacific Management Council was quite receptive and decisions would be made which would improve the situation in allocation of pollock to local canneries. Mayor Selby reported that the majority of the oil spill on the water was staying pretty much between Seward and the end of the Kenai Peninsula. He said twelve Kodiak dragger boats were corralling large globs of oil with a 84-inch Norwegian boom and towing it to one of the super suckers where the oil could be picked up. The Soviet skimmer is now on location and in action, as well as "Mr. Clean -3," a California based boat which is also a skimmer. The mayor stated that a lot of effort was going into cleaning up the concentration of oil hanging off the end of the Kenai Peninsula. He expressed optimism that with this effort, the main threat to Kodiak would be cleaned out of the water. He added that for some months tar balls would be showing up on various beaches depending on winds and currents. Assemblyman Merriman inquired about Kitoi Bay, and Mayor Selby responded there were three booms, plus an absorbent boom, in the water. Also, a navy skimmer was on station there. He stated Kitoi Bay was pretty well equipped to fight the oil. He also reported that several of the villages had built and set out Log booms. However, there was some concern because the logs were becoming water logged and riding Low in the water. As more commercial boom became available, he said, it would be sent out to the villages. Assemblyman Parker asked what was being done with the recovered oil. Mayor Selby responded that DEC was in charge of the clean up and was making arrangements for disposal. Assemblyman Austerman asked how much time Mayor Selby and borough staff were spending on the oil spill. Mayor Selby responded that most of the Borough and City staff had now been pulled off because Exxon and the Coast Guard were taking over. Mayor Selby stated that on Wednesday the Secretary of the Interior, Manuel Lujan, Alaska Congressman Don Young, and two other congressmen would be in Kodiak for a briefing on the oil situation. He hoped to get Resolution No. 89 -28 -R on the agenda tonight so that he could deliver it to the Secretary in person. Mayor Selby reported on the current funding situation in Juneau, and said the current proposal would mean, in addition to the cuts to the Kodiak Island School District, there would be a 8200,000 cut to the Kodiak Island Borough in municipal assistance and revenue sharing and an additional 8200,000 cut in the raw fish tax program. To make up this deficit locally would mean an increase of 1.5 mils. Presiding Officer White commended Mayor Selby and Mayor Brodie for providing a public forum for dealing with the oil situation. He also commended KMXT for their daily coverage. The presiding officer called for a ten minute recess. The presiding officer reconvened the assembly. O1D BUSINESS None OLD BUSINESS April 20, 1989 Page 68 Kodiak Island Borough Regular Assembly Meeting NEW BUSINESS A. BID AWARDS 1. Landfill Dump Truck Purchase Award. MERRIMAN, seconded by AUSTERMAN VOTE ON MOTION Ayes: Noes: None MOTION CARRIED Unanimous 2. Surplus Landfill Equipment Award. SURPLUS LANDFILL EQUIPMENT AWARD PARKER, seconded by AUSTERMAN VOTE ON MOTION Ayes: moved to award the Landfill Dump Truck Bid to Shelton Construction in an amount NTE $12,500. Austerman, McFarland, Merriman, Parker, Stevens, White moved to authorize staff to rebid the surplus landfill equipment with a minimum bid of $16,000. Austerman, McFarland, Merriman, Parker, Stevens, White NEW BUSINESS BID AWARDS LANDFILL DUMP TRUCK PURCHASE AWARD Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 89 -22 -R Providing For The Preservation, RESOLUTION Retention, And Disposal Of Records Of The Kodiak Island NO. 89 -22 -R Borough. This item was previously withdrawn from the agenda. 2. Resolution No. 89 -23 -R Urging Adoption Of A State RESOLUTION Legislative Resolution Supporting A Moratorium On Oil NO. 89 -23 -R And Gas Exploration In Bristol Bay. MERRIMAN, moved to adopt Resolution seconded by AUSTERMAN No. 89 -23 -R. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote 3. Resolution No. 89 -24 -R Approving The FY9O School District Budget And Determining The Total Amount Of Funds To Be Made Available From Local Sources. AUSTERMAN, moved to adopt Resolution seconded by MCFARLAND No. 89 -24 -R. Assemblyman Parker explained that the appropriations had been broken down this year to show the amount that came from local sources. April 20, 1989 Page 69 KIBS103853 RESOLUTION NO. 89 -24 -R Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION RESOLUTIONS Ayes: Noes: None MOTION CARRIED Unanimous AUSTERMAN, moved to adopt Resolution seconded by STEVENS No. 89 -25 -R. Assemblyman Austerman spoke against the resolution because he felt there was not adequate information about how 88210 would affect Alaskan streams in the future. He also thought there were still unanswered questions about hydro- projects and the cost of oil. He supported the concept but added he would vote against the resolution. Presiding Officer White passed the gavel to Assemblyman Austerman so that he could address the resolution. He stated that the resolution spoke mainly to anadromous fish. He agreed that HB210, as it currently stood, needed some work and said he had proposed changes to it. He supported the basic concept of the bill and felt that the community supported protecting fish habitats. Assemblyman Merriman asked if the changes proposed in Resolution No. 89 -25 -R addressed the concerns of Scott Thompson who is an energy developer. Assemblyman White responded the resolution did address Mr. Thompson's concerns. Assemblyman Merriman noted that after listening to Assemblyman White's comments that he supported the resolution. Assemblyman McFarland added that he supported the concept of the HB210, and with the changes suggested in the resolution he would support Resolution No. 89 -25 -R. VOTE ON MOTION Ayes: Noes: 4. Resolution No. 89 -25 -R Supporting House Bill 210, RESOLUTION Relating To The Reservation Of Instream Flows In Water N0. 89 - 25 - Important For Fish. VOTE ON MOTION April 20, 1989 KIBS103854 Austerman, Merriman, McFarland, Parker, Stevens, White McFarland, Merriman, Parker, Stevens, White Austerman MOTION CARRIED 5 Ayes, 1 No Resolution No. 89 -27 -R Opposing 58386 and HR1190 Regarding Gun Control. MERRIMAN, moved to adopt Resolution seconded by STEVENS No. 89 -27 -R. Assemblyman Merriman said he could not support any movement to dilute or change the Second Amendment. He stated this resolution had a real effect on Alaska where people were dependent on subsistence hunting and had a large population of sport hunters. MOTION CARRIED Unanimous Voice Vote RESOLUTION N0. 89 -24 -P RESOLUTION NO. 89 -27 -R Page 70 KIBS1038 Kodiak Island Borough Regular Assembly Meeting C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION 1. Ordinance No. 89 -15 -0 Establishing An Emergency Fund To Accumulate Costs Of The Oil Spill Disaster And Appro- ORDINANCE priating Oil Spill Cleanup Grant Funds Received From N0. 89 -15-0 The State Of Alaska and Exxon Shipping Company. AUSTERMAN, moved to approve Ordinance seconded by MERRIMAN No. 89 -15 -0. Mayor Selby explained this ordinance was in additon to Emergency Ordinance No. 89 -14 -0 since the oil clean up would take longer than sixty days to deal with grants received from the State of Alaska and Exxon. This ordinance enacts the normal budget process and makes the funds part of the official budget for 1989. Assemblyman Austerman inquired about the amount of money spent to date from these funds to which Mayor Selby replied that at least $300,000 had been encumbered. Assemblyman Parker supported the ordinance, however, he felt that the assembly should review it at a work session to make sane additions. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote D. OTHER ITEMS OTHER ITEMS None INFORMATIONAL MATERIALS (No action required) INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS None MINUTES OF OTHER MEETINGS REPORTS 1. K.I.B. Financial Report for March, 1989. REPORTS OTHER OTHER None CITIZENS' MONflPIS CITIZENS' COMMENTS None ASSEMBLYMEN'S ASSEMBLYMEN'S COMMENTS Assemblyman Merriman stated that it was gratifying to see a full assembly chamber because it showed the system was working. Assemblyman Austerman commented on the possible budget cuts. He felt the assembly should think about sending someone to Juneau to forcefully argue against the cuts, especially the raw fish tax situation. Assemblyman McFarland mentioned that he had participated in an audioconference concerning AML issues. He said if the assembly was going to do something about the raw fish tax, it needed to be soon as the House was talking about a weekend vote and a Monday or Tuesday vote in the Senate. Mayor Selby reported that the AML Board was going back to the Legislature to request that there be no cuts and to reinstate the raw fish tax fully. He suggested the assembly call or FAX messages and letters to the legislators. April 20, 1989 Page 71 03S103 Kodiak Island Borough Regular Assembly Meeting Assemblyman Austerman related that he attended last night's PAZ ASSEMBLYMEN'S meeting where the staff had placed a condition on an applicant COMMENTS that he must obtain a letter from the Corps of Engineers stating whether or not his land was classified as "wet- land." Assemblyman Austerman questioned where the staff came up with this criteria. He would like to give direction to staff to come up with a set of criteria as to what would trigger staff to send someone to the Corps of Engineers to get a determination. He felt there was a lack of consistency by staff in making these conditions. Also, Assemblyman Austerman stated that he attended the Women's Bay Community Council Meeting. He noted poor attendance had caused them to put off their annual election for a couple of weeks. He said the Road Service District was in good shape financially; however, the Fire Service District was having problems and there was talk about asking for a rate increase on their milage. Mr. Austerman asked Mayor Selby to check to see if the Women's Bay Service District had received their budgeted $19,000 for park maintenance. He also had a concern about the burning next to the slaughter house. He asked if they had to obtain a permit from the Borough to dig the pit and burn. Mayor Selby responded that it was under the jurisdiction of the Women's Bay Fire District. He said DEC has checked on it also and felt that they may be violating the Clean Air Act. Assemblyman Austerman mentioned the very bad condition of the three dumpsters in the Women's Bay area. Assemblyman Parker commented on how well the Emergency Services Plan was working. He suggested when this crisis had passed that staff and the assembly should evaluate the plan and deal with any parts of it that had not worked. Assemblyman Stevens asked the assembly to consider Resolution No. 89 -28 -R concerning a two year delay of the federal oil and gas lease sale #114. He explained that he would like to present it personally to the Secretary of the Interior while he was in Kodiak. Resolution No. 89 -28 -R Urging A Two Year Delay Of Federal RESOLUTION Oil And Gas Lease Sale #114. NO. 89 -28 -R STEVENS, moved to adopt Resolution seconded by MERRIMAN No. 89 -28 -R. Since the public had not had a chance to read the resolution, Assemblyman McFarland read it. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote Assemblyman Stevens asked Mayor Selby if he was familiar with the TAPS Act regarding limit of liability. Mayor Selby responded that his understanding was that oil companies had been required to contribute a total of $100,000,000 into the fund at the start of the pipeline. This act would in no way limited the liability of Exxon on the cost to clean up the oil spill. The TAPS Act fund was for spills from the pipeline itself and, therefore, had no implication in this particular case, Mayor Selby stated. Assemblyman McFarland reiterated the problem with the dumpsters. He emphasized that assemblymembers do work hard on these AML trips and many things are accomplished for the Borough. Presiding Officer White stated that the Hospital Board was very concerned about the reconsideration of the hospital plane. The Board desired to see the project go forward and not be placed on a back - burner. The suggestion was made that Mr. MacFarlane meet with the Hospital Board to go over the recommended changes and corrections. Also, he added the hospital was pursuing going with Aetna for employee health insurance. April 20, 1989 Page 72 KIBS10385 Kodiak Island Borough Regular Assembly Meeting ADJourf ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 9:55 p.m. ATTEST: Presiding Officer� April 20, 1989 Page 73