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1989-08-03 Regular MeetingKIDLAL ISLAND BOROUGH Regular Assembly Meeting August 3, 1989 A regular meeting of the Kodiak Island Borough Assembly was held August 3, 1989, in the Assembly Chambers of the Kodiak Island Borough Building, 71O Mill Bay Road. The meeting was called to order at 7:34 p.m. The invocation was given by the Reverend Donald McCullough of the First Church of the Nazarene followed by the Pledge of Allegiance. There were present: Lorne White, Presiding Ann Barker John Parker COMILITRN REPORTS Alan Austerman Jack McFarland Absent: Tom Merriman (Excused) Wayne Stevens (Excused) comprising a quorum of the assembly: and Jerome Selby, Borough Mayor Gaye Vaughan, Borough Clerk APPROVAL OF AG MA AUSTERMAN, moved to approve agenda as seconded by PARKER submitted. MOTION CARRIED Unanimous Voice Vote COMM AGM& The items on the consent agenda were read aloud by the Borough Clerk. PARKER, moved to approve consent seconded by BARKER agenda. MOTION CARRIED Unanimous Voice Vote APPROVAL OF 1O1M71118 A. K.I.B. Assembly Regular Meeting of July 6, 1989. This item was previously approved under the "Consent Agenda." CITIZENS' airs Mayor Selby presented the Employee of the Month award to Bryce S. Weeks who respectfully declined to accept it based on his conviction that department heads should not be considered. Presiding Officer White appreciated Mr. Weeks' candor noting that Mr. Weeks had served the borough for a lengthy period of time and had made prudent investments which saved borough taxpayers a great amount of money by keeping the mill levy down. Mr. Parker, assembly representative to the Architectural Review Board, stated that the finalized plans and the cost estimates for construction of the new hospital had arrived and would be reviewed this week by the ARB and the Facilities Coordinator. Wayne Coleman, Planning and Zoning Commission Representative, stated he would be available to answer questions. ROLL CALL APPROVAL OF MINUTES August 3, 1989 Page 12. KIBS103905 REGULAR MEETING APPROVAL OF AGENDA APPROVAL OF CONSENT AGENDA CITIZENS' COMMENTS COMMITTEE REPORTS KIBS1039 Kodiak Island Borough Regular Assembly Meeting PUBLIC HIl221G PUBLIC HEARING A. Resolution No. 89 -56 -11 Placing The Election Of A Charter RESOLUTION Commission On the October 1989 Ballot. NO. 89 -56 -R. PARKER, moved to adopt Resolution seconded by BARKER No. 89 -56 -R. The presiding officer called for public testimony: there being none, the assembly was reconvened. Assemblyman Austerman spoke in favor of this resolution because it would create a tool whereby citizens could understand all the issues involved under consolidation. He stated a Charter Commission would study all the issues and put the information together in the form of a charter for the voters. He thought this would be a far wiser move than just placing the issue of consolidation on the ballot. Assemblyman McFarland supported Assemblyman Austerman's statements. VOTE ON MOTION TO ADOPT Ayes: Austerman, Barker, McFarland, Parker, White Noes: None MOTION CARRIED Unanimous B. Resolution No. 89 -57 -R Calling For The Nomination Of Candi- RESOLUTION dates For A Charter Commission And Setting Forth Filing NO. 89 -57 -R Deadlines And Procedures For Making Nominations. PARKER, moved to adopt Resolution seconded by AUSTERMAN No. 89 -57 -R. The presiding officer called for public testimony: there being none, the assembly was reconvened. Assemblymember Barker wondered if there would be enough time to get the word around that the assembly was calling for nominations to the Charter Commission by August 18. Assemblyman Parker felt the consolidation process had been dis- cussed for several years and thought going through the electoral process would be the fairest method of selecting a Charter Commission. AUSTERMAN, seconded by MCFARLAND VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous Voice Vote A discussion followed among the assemblymembers. PARKER, moved to amend Section 3 seconded by MCFARLAND to change the requirement that the petition be signed by 10 voters rather than 50 voters. VOTE ON MOTION TO AMEND moved to amend dates in Section 4 to read August 25, 1989 and September 2, 1989. MOTION CARRIED Unanimous Voice Vote August 3, 1989 Page Mt /3 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Barker, McFarland, Parker, Austerman, White Noes: None MOTION CARRIED Unanimous C. Ordinance No. 89 -21 -0 Amending Kodiak Island Borough 15.32, Building Numbering. AUSTERMAN, moved to adopt Ordinance seconded by PARKER No. 89 -21 -0. The presiding officer called for public testimony; there being none, the assembly was reconvened. VOTE ON MOTION TO ADOPT Ayes: McFarland, Parker, Austerman, Barker, White Noes: MOTION CARRIED NESBA688 FROM THE SMOGS MAYOR None Unanimous Mayor Selby reported on the Southwest Alaska Municipal Conference committee meeting in Anchorage which dealt with " shorebased preference." After discussions with Brad Gilman, a lobbyist retained by SWAMC, and advice from other people, he said the official title for shorebased preference was now "inshore /offshore Conservation and Allocation Issue." He explained the name change had to do with the fact that other nations had a differentiation between near (inshore) waters fisheries policy and offshore (outshore) waters in terms of fisheries allocations. He said this would be used as a guideline and used to shown precedent in other nations as part of the argument to support the cause. The emphasis would be placed on conservation and he gave an example of unacceptable fishing. He said the draft for a recycling policy program had been given to him and the assembly would have it for review shortly. Recycling would extend the life of the landfill and save the borough money, he added. He noted the heliport had been completed and in use already. Also, he announced the shuffling of office space within the borough this weekend. Mayor Selby said there would be two ordinances introduced in September. One ordinance would pertain to the smoke problem and the other ordinance dealt with the placement of utilities in easements by a private utility company. Mayor Selby declared the oil spill problem go on and on and on. He reported on several problem which have started to surface in the community as a result of the uncertainty, stress, and anxiety from the spill. A discussion followed between the mayor and assemblymembers about the storage of boom material after Exxon departs Kodiak in the fall. OLD RDSIRERS A. NOTICE OF INTENT TO RECONSIDER - Resolution No. 89 -44 -R Supporting The Administration In The Class Action Suit Against Exxon. PARKER, moved to reconsider seconded by AUSTERMAN Resolution No. 89 -44 -R. August 3, 1989 KIBS103907 PUBLIC HEARING RESOLUTION NO. 89 -57-R (continued) ORDINANCE N0. 89 -21-0 MESSAGES FROM MAYOR OLD BUSINESS NOTICE OF INTENT TO RECONSIDER - RESOLUTION N0. 89 -44 -8 PArle a it Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO RECONSIDER OLD BUSINESS Ayes: Parker, Austerman RESOLUTION NO. 89 -44 -R Noes: Barker, McFarland, White (continued), MOTION FAILED 2 Ayes, 3 Noes Resolution No. 89 -45 -R Placing The Question Of Consolidation RESOLUTION On The October 3, 1989 Ballot. NO. 89 -45 -R PARKER, move to remove from table Resolution No. 89 -45 -R. MOTION DIED FOR LACK OF SECOND ®N BUSINESS A. BID AWARDS 1. FY90 Junk Removal Program Services Contract. FY90 JUNK REMOVAL PROGRAM SERVICES AUSTERMAN, moved to award FY90 Junk CONTRACT seconded by BARKER Removal Program Services Contract to Airport Towing and Services. Assemblyman Parker thought the junk removal program combined with the effect of crushing vehicles at Smokey's Dump and shipping them off the inland was having a very positive effect on the community. VOTE ON MOTION TO AWARD MOTION CARRIED Unanimous Voice Vote 2. Bayside Fire Station Fire Protection Sprinkler System. AUSTERMAN, seconded by HARKER Responding to Assemblyman Parker's question, Mayor Selby explained the cost for this sprinkler system would be split evenly between the borough and the fire service district. VOTE ON MOTION TV AWARD Ayes: Noes: None MOTION CARRIED Unanimous PARKER, seconded by BARKER moved to award Bayside Fire Station Fire Protection Sprinkler System to Big Sky Fire Protection in an amount NTE $25,920. Austermian, Barker, McFarland, Parker, White moved to award rehabili- tation of the R.I.E. Apartments to Brechan Enterprises, Inc. for $106,730. Assemblyman Parker explained the rehabilitation of the R.I.H. Apartments and the process which would be used. He said that only one fifth of the work necessary for renovation of the apartments would be done at this time. He hoped the borough would implement a maintenance program which would prevent the need for large scale repairs in the future. KIBS1039O8 NEW BUSINESS BID AWARDS BAYSIDE FIRE STATION FIRE PROTECTION SPRINKLER SYSTEM 3. Rehabilitation of the Kodiak Island Borough Apartments. REHABILITATION OF R.I.B. APARTMENTS August 3, 1989 Page S / 5 Kodiak Island Borough Regular Assembly Meeting Presiding officer White said the money being used to upgrade the apartments was state money unused from the heliport. REHABILITATION OF VOTE ON MOTION TO AWARD R.I.B. APARTMENTS Ayes: Barker, McFarland, Parker, Austerman, White Noes: None MOTION CARRIED Unanimous The presiding officer called for a ten minute recess. The presiding officer reconvened the assembly. B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 89 -49 -R Requesting Municipal Funding RESOLUTION From The State of Alaska. NO. 89 -49 -R This item was previously approved under the "Consent Agenda." 2. Resolution No. 89 -50 -R Accepting A State Grant In The RESOLUTION Amount of 835,000 For Coastal Management Planning. NO. 89 -50 -R This item was previously approved under the "Consent Agenda." 3. Resolution No. 89 -51 -R Authorizing The Disposal Of RESOLUTION Borough Real Property. NO. 89 -51 -R BAR moved to adopt Resolution seconded by MCFARLAND No. 89 -51 -R. Assemblyman Auaterman questioned the rezoning of Tract B -1, Kadiak Alaska Subdivision First Addition and a discussion followed. PARKER, amend to delete the words seconded by MCFARLAND "to a residential or commercial zoning classifi- cation" in the last paragraph. VOTE ON MOTION TO AMEND MOTION CARRIED VOTE ON MOTION TO ADOPT MOTION CARRIED KIBS 103909 Unanimous Voice Vote Unanimous Voice Vote 4. Resolution No. 89 -52 -R Authorizing Participation In The RESOLUTION Municipal Grant Program For The Monashka Bay - Water NO. 89 -52 -R And Sewer Feasibility Study. This item was previously approved under the "Consent Agenda." 5. Resolution No. 89 -53 -R Authorizing A Twelve Month Lease RESOLUTION Of Two Apartments In The Apartment Building Complex NO. 89 -53 -R Located On Lot 5A, U.S. Survey 2538A To the Kodiak Area Native Association. NEW BUSINESS This item was previously approved under the "Consent Agenda." 6. Resolution No. 89 -54 -R Authorizing A Three Year Lease RESOLUTION Of The Chiniak Library Building To The Chiniak Public NO. 89 -54 -R Library Association. This item was previously approved under the "Consent Agenda." August 3, 1989 Page is 16 KIBS103910 Kodiak Island Borough Regular Assembly Meeting 7. Resolution No. 89 -55 -R Accepting Emergency Medical Service Grant Funds From The Southern Region EMS Council. This item was previously approved under the "Consent Agenda." C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 89 -22 -0 Amending K.I.B. 2.20.020, Borough Mayor, Election And Term. Assemblyman Austerman explained the philosophy behind having new blood on the assembly every six years and limiting the terms of office for the assembly and mayor. A discussion followed about the effect of limiting the terms of office. PARKER, seconded by BARKER VOTE ON MOTION TO ADOPT IN FIRST READING moved to adopt Ordinance No. 89 -22-0 in first reading. Ayes: McFarland, Parker, Austerman, Barker, White Noes: None MOTION CARRIED Unanimous 2. Ordinance No. 89 -23-0 Limiting The Terms Of Office Of Borough Mayor And Assembly And Placing The Question Before The Voters. PARKER, seconded by AUSTERMAN moved to adopt Ordinance No. 89 -23-0 in first reading. Assemblyman Austerman felt there was a need to limit the number of terms that an individual could sit on the assembly. He said it would not affect anyone presently on the assembly and everyone would start at ground zero after the election. Presiding officer White passed the gavel to Assemblymember Barker. Assemblyman White expressed his opinions on limiting the terms of office for a member of the assembly. He noted that he was first appointed to the assembly in March 1981 and served with twenty -three different assemblymembers over the years. He thought this amount of rotation verged on instability. He said he had no problem with the issue going to the voters to decide and would vote for the ordinance. Assemblyman Parker felt it was difficult to beat an incumbent in an election and thought the voters should have the right to determine who would get to be an incumbent for life. VOTE ON MOTION TO ADOPT IN FIRST READING MOTION CARRIED Unanimous Voice Vote The gavel was returned to Assemblyman White. D. OTHER ITEMS 1. ,Approval of Right -of -Way Vacation Lot 11, U.S. Survey 3100. MCFARLAND, seconded by AUSTERMAN August 3, 1989 moved to approve the vacation of a portion of an existing right-of-way (not to exceed fifty (50) feet) on Lot 11, U.S. Survey 3100. NEW BUSINESS RESOLUTION N0. 89 -55 -R ORDINANCES INTRODUCTION ORDINANCE NO. 89 -22-0 ORDINANCE N0. 89 -23-0 OTHER ITEMS APPROVAL OF RIGHT - OF -WAY VACATION LOT 11, U.S. SURVEY SURVEY 3100 Page d• KIBS103911 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous Voice Vote 2. Approval to expend funds for Kodiak High School Modifi- cations and purchase of tables and seating for Commons Area. AUSTERMAN, moved to spend an amount seconded by PARKER NTE $10,000 for short-term high school modifications and purchase of tables and seating for Commons Area. Assemblyman Austerman questioned how the money was being spent other than for the purchase of some tables and chairs. Mayor Selby explained the three aspects of the modifications to the high school - relocating the art room to the space used by the special education program, moving the special education program to the art roan (approximately $6,000), and supplementing school district funds ($3,000) for the purchase of tables and chairs. Assemblyaember Barker felt uncomfortable about spending money budgeted to identify acoustical problems in the shop area of the high school because the noise was a problem which needed to be addressed. A discussion followed about the noise problems in the shop area. VOTE ON MOTION TO APPROVE Ayes: Austerman, Barker, McFarland, Parker, White Noes: None MOTION CARRIED Unanimous Designation of Acting Presiding Officer. DESIGNATION OF ACTIN. PRESIDING OFFICER MCFARLAND, seconded by BARKER A. MINUTES OF OTHER MEETINGS B. REPORTS None OFFUNM E' COMM None moved to designate Alan Austerman as acting presiding officer. NEW BUSINESS APPROVAL OF HIGH SCHOOL MODIFICATION VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote INFOIdW.TICEAL MATERIALS (NO action required) INFORMATIONAL MATERIALS 1. R.L.B. School District Regular Meeting of MINUTES OF OTHER June 26, 1989. MEETINGS 1. R.I.B. Financial Report for June, 1989. 2. R.I.B. School District Financial Report for May and June, 1989. Status Reports - Community Development - June C. OTHER REPORTS OTHER CITIZENS' COMMENTS August 3, 1989 Page NNW )67 Kodiak Island Borough Regular Assembly Meeting ASSEMBLTMNIVSOMMMUMS ASSEMBLYMEN'S COMMENTS Assemblyman Austerman questioned the mayor about the progress of the Chiniak Tsunami Safe site. He also thanked whoever patched the Bike path near the hospital site. He mentioned it was called to his attention that not all original contracts were ending up in the Clerk's office and not all contracts were being signed by the borough clerk. He thought the borough clerk should sign all contracts. He reviewed the year end budget and questioned the mayor on specific items. Assemblyman Parker reported there were uncovered bales at the landfill and thought DEC would be citing the borough if these bales were not covered. He also mentioned the smell emanating from the landfill site and the litter along the road. He asked if the staff had starting reworking the building and fire codes. He requested an ordinance be drafted to specify that all utilities installations in subdivisions were to be underground. Assemblymember Barker thanked KMKT and the newspaper for their oil coverage. She announced that she would not be running for her assembly seat in the October election. She hoped that women especially would think about running for the assembly as their input was needed. She stated that she enjoyed serving on the assembly and found it challenging and interesting. Presiding Officer White reminded the assembly that $20,000 had been contributed under Economic Development towards construction of the rearing pens at Kitoi Bay. He said the fish raised in these pens were returning this year and it was amazing to observe. He noted the number of salmon returning might exceed the two million fish which were predicted. Presiding Officer White expressed a concern that the assembly was not as fully involved with the Emergency Council as they might be. He felt there should be a designated assembly member serving on the council and wanted to have it discussed at a work session. Presiding Officer White announced the assembly would meet in a joint work session with the city council on Tuesday, August 15 at 7:30 p.m., and the next regular assembly meeting would be held on Thursday, August 17, at 7:30 p.m. ADJOD➢S!L ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 9:43 p.m. ATTEST: or Bo;ougp August 3, 19219 KIBS103912 Presiding Officer Page $ 10