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1989-10-05 Regular MeetingamZAC WIMP BOROOlaf Regular Assembly Meeting October 5, 1989 A regular meeting of the Kodiak Island Borough Assembly was held October 5, 1989, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:35 p.m. The invocation was given by the Reverend Mark Houglum, St. Paul's Lutheran Church, followed by the Pledge of Allegiance. There were present: ROLL CALL Lorne White, Presiding Ann Barker John Parker Alan Austerman Tom Merriman Wayne Stevens Absent: Jack McFarland (Excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk APPROVAL OF AGM MERRIMAN, seconded by PARKER VOTE ON MOTION MOTION CARRIED October 5, 1989 moved to approve agenda with the addition of Executive Session. Unanimous Voice Vote COMM A ®R APPROVAL OF CONSENT AGENDA The items on the consent agenda were read aloud by the Borough Clerk. PARKER, moved to approve consent seconded by BARKER agenda. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote APPROVAL OF FRAM A. K.I.B. Assembly Regular Meeting of September 21, 1989. This item was previously approved under the "Consent Agenda.' CITIZENS' COMM Mayor Selby presented the Employee of the Month award to Lila Packard of the Finance Department. Mayor Selby declared October, 1989 as Domestic Center Violence Awareness Month and urged all citizens to actively support and participate in the scheduled events and on -going programs de- signed to reduce and eventually eliminate domestic violence as a social problem. He presented the proclamation to Tish Raub, Executive Director of the Kodiak Resource and Crisis Center. Gordon Pillar, a member of the Governor's Council for Disability, accepted a proclamation from the mayor declaring October, 1989 as Disability Employment Awareness Month and encouraging everyone to start focusing on using talents of people with disabilities. KIBS10393 REGULAR MEETING APPROVAL OF AGENDA APPROVAL OF MINUTES CITIZENS' COMMENTS Page Al lit 7 Kodiak Island Borough Regular Assembly Meeting Also, Mayor Selby proclaimed October 15, 1989 as "Hope Sunday" and presented the Reverend Douglas Edwards, vice president of the Kodiak Ministerial Alliance, with the proclamation which urged the members of the community to seek help from the available local sources for strength and guidance in what may be a trouble- some and perplexing time in their lives. Presiding Officer White read a letter from Tim Ward, Port Lions City Council, detailing instances in which Linda Freed's efforts and expertise had greatly aided the community of Port Lions and commended her for outstanding work as a borough official. Jim Fisk, House Committee Chairman for the Veterans of Foreign Wars Poet 7056 Kodiak, commended the assembly for taking up the problem of gaming activities by licensed operators. He said the state of Alaska had developed some emergency regulations which would take effect on January 1, 1990 to stringently regulate gaming activities and do away with third party operators such as Lottery Alaska. He asked the assembly to postpone Ordinance No. 89 -29-0 to January to see how new regulations work. Dan Stockdale, president of the Kodiak Environmental Cleanup Effort, requested that the assembly place on the agenda the sub- contract agreement for shoreline monitoring which had been negotiated between his organization and borough. He said the contract was ready for assembly approval, but now he understood the assembly had decided the contract needed to be advertised. He said his group had set up a non - profit organization and had offered the borough an opportunity to get a lot more work done for public purposes for the money than any private contractor could offer. He asked the assembly to release the funds available for work now while the weather was still good. Assemblymember Barker responded to Mr. Stockdale saying that she had not been aware of the contract before the work session, and as a public servant responsible for releasing funds, she had to be assured the funds were being spent wisely. Bridgett Milligan, coordinator for the geo- textile project, reviewed the process leading to the determination that the bounty system was the beet method for oil clean up during the winter months. Ms. Milligan felt the fishermen were interested in cleaning up oil now and the contract should be awarded while there was still a work force available. She said that she was impressed with Dan Stockdale and his volunteer group and felt their only interest was getting the oil cleaned up. Laura Hughes, associated with the KECE, read the list of names of individuals who had agreed to work 600 hours on a volunteer basis so that the money could be put towards a bounty system. She said volunteer response from the community was completely overwhelming. Mike Milligan, vice - president of the KECE, said the oil in its present state was in suspended animation. He desired to see as much oil as possible cleaned up before next salmon season since the entire community was impacted by the salmon fishery. He explained how the money would be spent if the contract was awarded to KECA. Chuck Mcwethy, a fisherman on charter during the oil spill, supported the bounty system as the most cost efficient way to get the oil collected. Tracy Akers added that she and Rachel Mason were working on locating alternate sources of funding from independent granting agencies. Rachel Mason spoke in favor of funding the environmental clean up effort and said that KECA had developed a plan and would coordinate volunteers to monitor beaches. October 5, 1989 KIBS103931 CITIZENS' COMMENTS (continued) Page di 3,9 Kodiak Island Borough Regular Assembly Meeting Charlie Davidson asserted by implementing this bounty system program now the borough would be one step ahead when the state grant became available. Re urged support of KECA's request. CIMQTTME MOMS None FOE= REARMS Ordinance No. 89 -24-0 Amending Ordinance No. 80 -1I -0 Entitled "An Ordinance Of The Kodiak Island Borough, Alaska, Providing For The Issuance Of $12,100,000 General Obligation School Construction Bonds Of The Borough And Fixing Details Of Said Bonds." MERRIMAN, moved to adopt Ordinance seconded by PARKER No. 89 -24 -0. The presiding officer called for public testimony: there being none, the assembly was reconvened. At Assemblymember Barker's request, Mayor Selby explained Ordinance No. 89 -24-0 was a housekeeping ordinance and was being adopted so the Alaska State Bond Bank could clear their books of the original issue of 1980 bonds. He added that the borough had issued the resale bonds and this issue had been paid ofE as far the the state of Alaska was concerned. VOTE ON MOTION TO ADOPT Ayes: Austerman, Barker, Merriman, Parker, Stevens, White Noes: None MOTION CARRIED Unanimous B. Ordinance No. 89 -25-0 Amending The RIB Code 2.41, Emergency Services. AUSTERMAN, moved to adopt Ordinance seconded by MERRIMAN No. 89 -25 -0. The presiding officer called for public testimony; there being none, the assembly was reconvened. Presiding officer White said Ordinance No. 89 -25 -0 would change the "Emergency Services" section of the borough code and add a subsection stating the presiding officer of the assembly would be a member of the emergency services council. VOTE ON MOTION TO ADOPT Ayes: Barker, Merriman, Parker, Stevens, Austerman, White Noes: None MOTION CARRIED Unanimous Ordinance No. 89 -26-0 Increasing Funding For Exxon Oil Spill Clean -up. BARKER, moved to adopt Ordinance seconded by MERRIMAN No. 89 -26-0 The presiding officer called for public testimony: there being none, the assembly was reconvened. October 5, 1989 KIBS103932 CITIZENS' COMMENTS (continued) COMMITTEE REPORTS PUBLIC HEARING ORDINANCE NO. 89 -24-0 ORDINANCE NO. 89 -25-0 ORDINANCE NO. 89 -26-0 Page M 03? Kodiak Island Borough Regular Assembly Meeting As a point of order, the mayor reminded the assembly that an amended version of Ordinance 89 -26-0 had been provided. He said basically there had been a finer cut on the dollar figures which had been projected for the year for various categories of funding. AUSTERMAN, seconded by MERRIMAN VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: October 5, 1989 KIBS103933 move to amend Ordinance No. 89 -26-0 by substitution. Merriman, Parker, Stevens Austerman, Barker, White None Unanimous Parker, Stevens, Austerman, Barker, Merriman, White None MOTION CARRIED Unanimous D. Ordinance No. 89 -27 -0 Relating To Toxic Smoke. PARKER, moved to adopt Ordinance seconded by MERRIMAN No. 89 -27 -0. The presiding officer called for public testimony. Laura Hughes asked for a definition of Toxic Smoke. Presiding Officer White stated Toxic Smoke involved open burning of asphalt, rubber products, plastics, tar, oily wastes, contaminated oil clean up materials, or other materials that gave off black smoke. The presiding officer closed the public testimony and reconvened the assembly. Assemblyman Austerman stated after holding a discussion with the Fire Chief at the work session and hearing his recommendations, he recommended Ordinance No. 89 -27 -0 be defeated. He asked that staff be directed to take the Fire Chief's recommendations and draft a new ordinance. VOTE ON MOTION TO ADOPT Ayes: Stevens, Noes: Austerman, Barker, Merriman, Parker, White MOTION FAILED 1 Aye, 5 Noes The presiding officer called for a five minute recess. The presiding officer reconvened the assembly. RBBBRCiR FROM TRR eDlUO® YTrs Mayor Selby reported that the North Pacific Management Council had forward the inshore /offshore allocation issue out for public review which meant that a decision could be made as early as next September. PUBLIC HEARING ORDINANCE NO. 89 -26-0 (continued( ORDINANCE NO. 89 -27-0 MESSAGES FROM MAYOR Page A dityO KIBS103934 Kodiak Island Borough Regular Assembly Meeting On the oil spill status, he said there was an attempt to get MESSAGES FROM clarification froze the state of Alaska on what they were or were MAYOR not going to do with the 21 million dollars funded through the Department of Environmental Conservation for the community clean up efforts. He understood that six to eight million dollars would be available to the communities effected in the spill area. Mayor Selby said the borough would submit the same proposal which had been submitted to DCRA (amounting to 811 million) and proceeded to explain the concept. Mayor Selby bid "adieu' to Assemblymembers Barker and Stevens saying that he had enjoyed working with them and their presence would be missed. Mayor Selby responded to concerns expressed by Assemblymen Austerman and Parker about allocating oil spill clean up funds to the villages. OLD BUSMD311 OLD BUSINESS A. Approval of the Gear Storage Task Force Report. PARKER, seconded by &OSTERMAN VOTE ON MOTION TO REMOVE FROM TABLE MOTION CARRIED PARKER, seconded by BARKER VOTE ON MOTION TO POSTPONE MOTION CARRIED NS11 mWIEESS A. BID AWARDS 1. Purchase of Mini Van AUSTERMAN, seconded by BARKER VOTE ON MOTION TO AWARD Ayes: Noes: MOTION CARRIED B. RESOLUTIONS 1. Resolution No. 89 -69 -R Adopting A Capital Improvement Program For Fiscal Years 1991 through 1995 And Estab- lishing Capital Project Priorities. MERRIMAN, seconded by BARKER Assemblyman Parker pointed out Development had been placed on in favor of the project. October 5, 1989 moved to remove from table Gear Storage Task Force Report. Unanimous Voice Vote Move to postpone to November 21, 1989. Unanimous Voice Vote Moved to award bid for mini van to Kodiak Motors in an amount NTE 816,330. Austerman, Barker, Merriman, Parker, Stevens, White None unanimous moved to adopt Resolution No. 89 -69 -R that the Gear Storage Facility the list and said he was very much APPROVAL OF GEAR STORAGE TASK FORCE REPORT NEW BUSINESS BID AWARDS PURCHASE OF MINI VAN RESOLUTIONS RESOLUTION NO. 89 -69 -R Page N Ar 'f/ Kodiak Island Borough Regular Assembly Meeting Presiding Officer White read the first five projects in order of priority. VOTE ON MOTION TO ADOPT Ayes: Barker, Merriman, Parker, Stevens, Austerman, White Noes: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION None Unanimous 1. Ordinance No. 89 -28-0 Rezoning Lot 10, U.S. Survey 3098 From Rural Residential One To Business. (2111 Mill Hay ORDINANCE Road) (Advance to Public Hearing on November 2, 1989) NO. 89 -28-0 This item was previously approved in first reading under the "Consent Agenda." 2. Ordinance No. 89 -29-0 Prohibiting Gaming Activities Conducted By Licensed Operators. (Advance to Public Hearing on November 2, 1989) This item was previously approved in first reading under the "Consent Agenda." 3. Ordinance No. 89 -30-0 Creating Woodland Acres Street Lighting Service District. (Advance to Public Hearing on November 2, 1989) This item was previously approved in first reading under the "Consent Agenda." D. OTTER ITEMS OTHER ITEMS 1. Renewal of Borough Clerk's Employment Agreement. RENEWAL OF CLERK'S EMPLOYMENT AGREEMENT BARKER, moved to move Clerk's seconded by MERRIMAN Agreement to end of meeting. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote A. MINUTES OF OTHER MEETINGS 1. Status Report for August - Community Development 2. R.I.B. School District Financial Report for August, 1989. KIBSI0393 NEW BUSINESS RESOLUTION NO. 89 -69 -] (continue& ORDZNANCES FOR INTRODUCTION ORDINANCE NO. 89 -29-0 ORDINANCE NO. 89 -30 -0 IMPOMATIOW. MATERIALS (No action required) INFORMATIONAL MATERIALS MINUTES OF OTHER 1. K.I.B. School District Special Meeting of MEETINGS September 5, 1989 and Regular Meeting of August 28, 1989. 2. R.S.B. Planning and Zoning Commission Regular Meeting of August 16, 1989. 3. R.I.B. Mental Health Center Regular Meeting of April 24, 1989, July 19, 1989, and August 28, 1989. 4. Service District No. 1 Board of Supervisors Regular Meeting of July 11, 1989. B. REPORTS REPORTS C. OTHER OTHER None CITIEm' comers CITIZENS' COMMENTS None October -, 19ee 2:.gc i =IP tiL Kodiak Island Borough Regular Assembly Meeting ASSENBTA . S ODNNNNTS Presiding Officer White declared Assemblymembers Barker and Stevens would be missed and said that he appreciated all the work both of them had done. Regarding comments made earlier in the meeting, he said the assembly was not the enemy. The assembly was responsible for public funds and had to ask questions to find out about the organizations to which contracts were awarded. BARKER, seconded by STEVENS VOTE ON MOTION Ayes: Noes: MOTION CARRIED BARKER, seconded by AUSTER1AN MOTION WITHDRAWN BARKER, seconded by AUSTERNAN BARKER, seconded by MERRIMAN A discussion followed between concerning accounting for the VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED BARKER, seconded by STEVENS MOTION WITHDRAWN BARKER, seconded by saavEH8 VOTE ON MOTION MOTION CARRIED STEVENS, seconded by MERRIMAN October 5, 1989 KIBS103936 moved to add Shoreline Monitoring Agreement to Agenda. Merriman, Parker, Stevens, Austerman, Barker, White None Unanimous moved to approve shoreline monitoring agreement with conditions. moved to approve subcontract for shoreline monitoring to Kodiak Environmental Cleanup Effort. moved to amend subcontract to add a requirement that a bonded accounting firm be included as part of the project to account for the money. assemblymembers and the mayor bounty bags. Parker, Stevens, Austerman, Barker, Merriman, White None Unanimous moved to amend by changing payment schedule from $9,000 to 1/3 of contract so 4 -A would read: "1/3 remainder of the contract and the remainder to be worked out as needed." moved to amend sub- contract agreement so 4-A would read "1 /3 of the contract sum on or about October 1, 1989." Unanimous Voice Vote moved to amend to direct staff to change the contract to adjust payments of the balance due through the completion of the contract. ASSEMBLYMEN'S COMMENTS ADD SHORELINE MONITORING AGREE- MENT TO AGENDA AWARD SHORELINE MONITORING AGREE- MENT TO KODIAK ENVIRONMENTAL CLEANUP EFFORT Page M 0 / 5 Kodiak Island Borough Regular Assembly Meeting Mayor Selby made several suggestions to amend the sub- contract to ASSEMBLYMEN'S work out a schedule to protect the borough and keep an adequate COMMENTS amount of money so the two week monitoring could be done in the event the contract was terminated anytime throughout the contract. MOTION WITHDRAWN Assemblyman Austerman spoke in justification of the assembly's actions by stating the document had just been received last night which did not allow enough time for the assembly to read and digest it. He asked several questions about wording in the subcontract agreement and how the collected oil would be measured. Mayor Selby and Dan Stockdale responded to Assemblyman Auaterman's concerns. STEVENS, seconded by PARKER Noes: None MOTION CARRIED Unanimous KIBS103937 moved to direct staff to take the contract and finish negotiating pursuant to the concerns raised by the assembly. Assemblyman Merriman raised a question about the length of term of the contract and felt it was a point which needed to be addressed. To clarify, Mayor Selby stated that basically this was a six month contract and within this six month time period, three activities would take place. One activity would monitor the four main beaches once every two weeks (taking photos, samples, etc.) for the full six months time period; the second activity would require 600 hours "on the beach" cleanup be completed; and the third activity was the bounty bag program which would probably occur during the first month of the contract. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote Further discussion followed between the aesemblymembers and the mayor. VOTE ON MAIN MOTION AS AMENDED Ayes: Stevens, Austerman, Barker, Merriman, Parker, White Assemblymember Barker declared that she had really enjoyed working with the other members of the assembly and would miss them. Assemblyman Stevens announced that he would be out of the town for the next assembly meeting to attend the Fish Expo in Seattle, so this would be his last meeting. He requested that a copy of the letter from the Port Lions Community be placed in Linda Freed's personnel file. He urged the assembly to continue to push the City Council to follow through on their word to pursue annexation of the area north of the city of Kodiak; and if action was not forthcoming, he urged the assembly to follow through on its intent to hold an election on the issue of consolidation on the road system. He said that he had enjoyed serving on the assembly for the last three years. He said he would appreciate the opportunity to participate in the airport project as it came to fruition. He thanked those voters who supported his recent candidacy for the assembly. Assemblyman Parker pointed out the speed in which the borough staff had written an ordinance in response to the concerns of the Woodland Acres residents about street lights. October 5, 1989 SHORELINE l AIN( AGREEMENT AWnw Page S le 7Y Kodiak Island Borough Regular Assembly Meeting Assemblyman Misters= bid farewell to the two departing members ASSEMBLYMEN'S of the assembly. COMMENTS Assemblyman Merriman commended the concerned citizens in the audience for coming to the meeting tonight to force action on the shoreline monitoring agreement. He said that he appreciated their frustration, but at the same time, he reiterated the assembly's sense of responsibility toward investigating items which come before them. He expressed his pleasure aver working with Assemblymembera Barker and Stevens. PARKER, moved to recess to seconded by MERRIMAN Executive Session at 10:00 p.m. to discuss personnel matters. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote Presiding Officer White reconvened the assembly at 12:20 a.m. Aasemblymember Barker reported that the assembly had met with the clerk and the mayor and the clerk's evaluation had been completed. BARKER, seconded by STEVENS VOTE ON NOTION MOTION CARRIED AWOMMIONf There being no further business to come before the assembly, the meeting adjourned at 12:24 p.m. ATTEST: ( Borough ezk October 5, 1989 KIBS103938 EXECUTIVE SESSION moved to renew Borough RENEWAL OF BOROUGH Clerk's contract. CLERK'S CONTRACT Unanimous Voice Vote yrd -iding Officer ADJOURNMENT Page r '9/