Loading...
1990-05-17 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting May 17, 1990 A regular meeting of the Kodiak Island Borough REGULAR MEETING Assembly was held May 17, 1990 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:31 p.m. The invocation was given by the Reverend Mark Houglum of the St. Paul's Lutheran Church followed by the Pledge of Allegiance. There were present: ROLL CALL Lorne White, Presiding Alan Austerman Jack McFarland Tom Merriman Mary Monroe Gary Stevens Absent: Bob Shuttlesworth (Excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Shirley Berns, Acting Borough Clerk Donna Smith, Deputy Borough Clerk APPROVAL OF AGENDA APPROVAL OF AGENDA MERRIMAN, moved to approve agenda seconded by MONROE as submitted. WITHOUT OBJECTION, SO ORDERED CONSENT AGENDA CONSENT AGENDA The items on the consent agenda were read aloud by the Presiding Officer. STEVENS, seconded by MERRIMAN VOTE ON MOTION MOTION CARRIED moved to adopt consent agenda. Unanimous Voice Vote APPROVAL OF MINUTES APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of May 3, 1990 This item was previously approved under the "Consent Agenda." Regular Assembly Meeting May 17, 1990 Volume XIII Page 114 CITIZENS' COMMENTS CITIZENS' COMMENTS A. Student of the Month Mayor Jerome Selby presented the Student of the Month STUDENT OF THE award to Leila Ladi, a student in the Kodiak High MONTH School Education Opportunity Program. B. Agenda Items Not Scheduled For Public Hearing AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING Chris Kinter addressed the borough budget, the operation of the landfill, and the fire at the landfill. He stated that the proposed FY9O budget called for two new employees at the landfill. He felt it was time for the borough to admit the operation of the landfill was a failure and that baling refuse had resulted in no significant space savings. He thought additional proof of this failure was the dramatic increase in rats at the landfill and the current fire smoldering in the baled refuse. He also noted the increased litter along the highway outside the landfill entrance. He declared the solution was not to throw more money at the landfill problem and felt the borough had been unable to accomplish as much as the previous contractor. He proceeded to question the activities of the employees at the baler. About the budget, he expressed his concern over the new secretarial position in the clerk's office. He noted that in the city clerk's office, an individual was face-to-face with the clerk; but in the borough clerk's office, you were not face-to-face with the clerk and concerns were not dealt with. It offended him that two people would have to be hired to replace the finance director. Mr. Kinter opposed hiring a new computer liaison person and the purchase of a new computer. In another area, Mr. Kinter felt the borough needed to reexamine the new hospital plan. He expressed his opinion that the heliport pad should have been incorporated into the hew hospital plan. He wondered why Von Scheele Way rated being a paved road. Mr. Kinter finished by saying he felt this assembly has a chance to make a difference and to set an example. Dennis Nicholson, Assistant Superintendent of the Kodiak Island Borough School District, wanted the assembly to know the school district and the borough facilities office had worked closely on the selection of lockers. He believed the lockers would meet the high school needs quite nicely. The lockers are made of high gauge steel which will last many years and are a long-term solution to the high school's needs. Regular Assembly Meeting Volume XIII May 17, 1990 Page 115 Mr. Nicholson went on to say the lockers could be moved if there was a need for relocation. C. Items Other Than Those Appearing on the Agenda None COMMITTEE REPORTS COMMITTEE REPORTS Robin Heinrichs, P&Z and Architectural Review Board representative, said that due to the absence of the director of the Community Development Department, the comprehensive plan and the rewriting of Title 16 would have to be postponed. Mr. Heinrich reported that the ARB met on Monday to interview and rank each of the engineering firms for the Monashka Bay/Womens Bay Wastewater and Water Supply Feasibility Study project. Also, he said a week ago the ARB met with the architects and engineers on the new Kodiak Island Hospital project. PUBLIC HEARING PUBLIC HEARING None MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby reported on the progress towards the renewal of the Magnusen Act which includes the inshore/offshore processing preference. He said hefty support had been received from two large Seattle -based groups that had joined with Pacific Seafood Processing Association in working with the coastal coalition. Regarding fish tax funds, he said he had hoped to report on Exxon's payment, but the Kenai Peninsula Borough contested the ADF&G figures for their area so the issue is delayed. He reported there was a fire at the landfill and added that it appears to have been set because the fire started on the face of the bales. The fire has been isolated, reduced, and will probably take another two or three days to extinguish he estimated. Mayor Selby explained that because of her baby daughter's unfortunate accident, Linda Freed would be out of the office for about a month. OLD BUSINESS OLD BUSINESS A. Ordinance No. 90-16 Accepting a Department of ORDINANCE Education Grant and Authorizing Staff to Effect NO. 90-16 Certain Line Item and/or Project Level Changes in the FY 1990 Budget. Regular Assembly Meeting Volume XIII May 17, 1990 Page 116 Presented to the Assembly was Ordinance No. 90-16 which was postponed from the May 3, 1990, regular meeting. In response to Assemblymen Austerman's query, Mayor Selby clarified the changes made to the ordinance. MERRIMAN, moved to amend by seconded by MCFARLAND substitution Ordinance No. 90-16. Assemblyman Merriman commented that he appreciated Mr. Nicholson's remarks because they justified the added expense for the lockers. Assemblyman McFarland, referring to the transfer of monies from the East Elementary School pedestrian path funding, questioned Mayor Selby about an interim solution for a crosswalk near the school. Assemblyman Austerman asked Mayor Selby if the $400,000 for repair of the East Elementary School roof reflected a transfer from Peterson Elementary School bond money. Mayor Selby said approval had been received from the Department of Education to use Peterson Elementary School bond money because DOE would reimburse the money. Assemblyman White inquired whether there was a time problem with using the bond money. Mayor Selby indicated there was not because the bonds were passed and sold before the new law took effect. Also, he said discussions were continuing with the federal government as to what they were planning to do with Peterson Elementary School. VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED Austerman, McFarland, Merriman, Monroe, Stevens, White None Unanimous Mayor Selby responded to additional questions from the Assemblymembers. Regular Assembly Meeting Valume %III May 17, 1990 Page 117 VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: McFarland, Merriman, Monroe, Stevens, Austerman, White None MOTION CARRIED Unanimous B. Kodiak High School Locker Project Award Assemblymen McFarland stated the reason this award had been postponed was because there was no backup. He said the staff had provided the backup information that showed Associated Professional Ent. had the lowest bid in an amount NTE $96,442. VOTE ON MOTION TO AWARD Ayes: Noes: MOTION CARRIED Merriman, Monroe, Stevens, Austerman, McFarland, White None Unanimous C. Approval of Restaurant Designation Permit for Road's End Restaurant and Bar. VOTE ON MOTION TO RECONSIDER Ayes: Noes: MOTION CARRIED Monroe, Stevens, Austerman, McFarland, Merriman, White None Unanimous The Presiding Officer noted a motion to approve the restaurant designation 1, 2, and 3 was not on the floor. At his request, Mr. Ernie Hopper, owner of Road's End showed a plan to build a 42 inch high wall topped with lattice work and a separate entrance for the restaurant. He estimated the remodeling work would be completed in two weeks. Assemblymembers felt the plan addressed their concerns about separating bar from the restaurant area so minors could work and dine on the premises. Regular Assembly Meeting May 17, 1990 KODIAK HIGH SCHOOL LOCKER PROJECT BID AWARD APPROVAL OF RESTAURANT DESIGNATION PERMIT FOR ROAD'S END RESTAURANT & BAR Volume XIII Page 118 VOTE ON MOTION TO APPROVE Ayes: Noes: MOTION CARRIED Stevens, Austerman, McFarland, Merriman, Monroe, White None Unanimous NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Selief Lane/Von Scheele Way Seal Coat SELIEF LANE/VON Project Contract Award SCHEELE WAY SEAL COAT AWARD AUSTERMAN, moved to award bid seconded by MCFARLAND to Brechan Enterprises, Inc. on the base bid NTE $68,716 and alternate #1 in an amount NTE $8,941. Assemblymember McFarland asked if this money was the balance of the state grant for the Selief Lane Extension to which Mayor Selby responded it was. VOTE ON MOTION TO AWARD Ayes: Austerman, McFarland, Merriman, Monroe, Stevens, White Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS None. Regular Assembly Meeting Volume XIII May 17, 1990 Page 119 C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 90-20 Levying Taxes on All Taxable Real and Personal Property within the Borough for the Expenses and Liabilities of the Borough for the Fiscal Year Commencing on the First Day of July 1990 and Ending on the Thirtieth Day of June 1991. Presented to the assembly for first reading was Ordinance No. 90-20, the FY 91-92 budget. STEVENS, seconded by AUSTERMAN Assemblyman Austerman attention needed to be budget. AUSTERMAN, seconded by MCFARLAND moved to adopt Ordinance No. 90-20 in first reading. agreed with comments that more paid to controlling the moved to amend to remove new position in Clerk's Office out of the budget. Assemblyman Austerman felt that the timing was wrong and the new position might be looked at later. VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED McFarland, Merriman, Monroe, Stevens, Austerman, White None Unanimous In responding to questions from Assemblyman Austerman, Mayor Selby stated that since changes to would be made, it would be simpler to come in with an amended budget ordinance later. Assemblyman McFarland requested a better breakdown on the Community Development Department budget; a concept for centralized purchasing; an outline of structural plans for the Engineering/Facilities Department to include the environmental engineer and another baler operator; a more detailed job description for the Data Processing Department PC coordinator, and a plan for possibly sharing a PC coordinator position with the school district. Regular Assembly Meeting May 17, 1990 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 90-20 Volume XIII Page 120 Assemblyman Austerman agreed with Assemblyman McFarland comments and added his own opinions on the Engineering/Facilities Department new positions and his concern over the personnel director position which had been created last year. Assemblyman White agreed more time needed to be spent on the budget. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: MOTION CARRIED 2. Ordinance No. Island Borough Regulations by McFarland, Merriman, Monroe, Stevens, Austerman, White None Unanimous 90-21 Amending the Kodiak Personnel Rules and Adding a Job Description. Presented to the Assembly for first reading was Ordinance No. 90-21 which would approve the job description for the environmental engineer. AUSTERMAN, seconded by MERRIMAN moved to adopt Ordinance No. 90-21 in first reading. While some of the Assemblymembers felt more discussion was needed on this ordinance, Assembly - member Monroe declared that she was in favor of adding an additional engineering position with a specialty in toxic waste. Mayor Selby reminded the Assemblymembers that the ordinance for this position could be approved but not funded in the budget if the Assemblymembers so desired. VOTE ON MOTION IN FIRST READING Ayes: Noes: MOTION CARRIED Merriman, Monroe, Stevens, McFarland, White Austerman 5 Ayes, 1 No ORDINANCE NO. 90-21 Regular Assembly Meeting Volume XIII May 17, 1990 Page 121 D. OTHER ITEMS 1. Certification of the May 1, 1990 Special Election. MONROE, seconded by AUSTERMAN moved to accept the the report of the Election Canvas Board and declare that the Special Election of May 1, 1990 was validly held. Assemblyman McFarland stated the mail -out election had resulted in only twenty percent voter return rather than the expected twenty-six percent. He felt the process might be used as a tool in the future to give more individuals the chance to vote. VOTE ON MOTION Ayes: Noes: MOTION CARRIED Monroe, Stevens, Austerman, McFarland, Merriman, White None Unanimous 2. Authorization to Appeal Decision of Department of Labor. MERRIMAN, seconded by STEVENS VOTE ON MOTION Ayes: Noes: MOTION CARRIED Regular Assembly Meeting May 17, 1990 moved to authorize Hughes, Thorsness, et al to appeal May 3 Department of Labor Recommended Decision and Order 90-5 in the case of International Brotherhood of Electri- cal Workers, Petitioner and Kodiak Island Borough, Employer. Stevens, Austerman, McFarland, Merriman, Monroe, White Pre =I =I - Unanimous OTHER ITEMS CERTIFICATION OF MAY 1, 1990 SPECIAL ELECTION AUTHORIZATION TO APPEAL DECISION OF DEPARTMENT OF LABOR Volume XIII Page 122 INFORMATIONAL MATERIALS (No action required) INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Woodland Acres Street Light Service District Meeting of March 27, 1990 and April 3, 1990. 2. K.I.B. School District Regular Meeting of March 26, 1990. 3. K.I.B. Hospital Advisory Board Regular Meeting of April 11, 1990. B. REPORTS REPORTS 1. K.I.B. School District Financial Report for March, 1990. 2. K.I.B. Financial Report for April, 1990. C. OTHER OTHER None CITIZENS' COMMENTS CITIZENS' COMMENTS Chris Kinter responded to several comments made during the meeting. He felt the professional advice regarding the operation of the baler/landfill the Assembly had received was bad advice and thought advice received from informed citizens was better. He declared there were already too many employees in the borough and hoped the Assemblymembers would not add any new employees. He said the annual report and financial statement were hard to figure out and asked if it was deliberately made confusing. ASSEMBLYMEN'S COMMENTS ASSEMBLYMEN'S COMMENTS Assemblyman Merriman said Mr. Kinter had made valid points for consideration. However, he thought as elected officials, the Assembly had a responsibility to the public to make responsible decisions. He stated the common sense calls of the old days were no longer accepted because you could make what you thought was a good call and find yourself in the middle of serious litigation. Assemblyman Stevens commented that the Borough was a member of Southwest Alaska Municipal Conference and recently he had participated in teleconferences with people from this area. One of the areas of real interest that needs to be worked on relates to educational concerns and the consolidation of school districts, he said. Regular Assembly Meeting Volume %III May 17, 1990 Page 123 Educational programs in fisheries were also discussed. Assemblywoman Monroe thanked Mr. Kinter for his comments and noted that he had given a lot of thought to them. She thought his interest in the Borough budget and staffing was commendable. She wished more citizens would become involved and invited members of the community to call assemblymembers with their comments. Assemblyman McFarland commented on Mr. Kinter's remarks and commented that his views probably reflected those of many individuals in the community. He addressed Mr. Kinter's concerns about the location of the heliport pad. Assemblyman Austerman made no comments. Presiding Officer White voiced his concerns about boats being abandoned in Womens Bay and asked Mayor Selby who had authority over that area. Mayor Selby replied that the Marshall's Office had authority since it is an open anchorage, located out of the shipping channel, and in navigable waters. He believed the Coast Guard could regulate the anchorage because portions of Womens Bay was located in the National Maritime Wildlife Refuge. Presiding Officer White also requested the attendance record of the Architectural Review Board be placed on the agenda for the next work session. He made the following announcements: The assembly will meet in work session on Thursday, May 24, and Thursday, May 31, at 7:30 in the Borough Conference room. The next regular assembly meeting is Thursday, June 7, at 7:30 p.m. The FY91 budget will be up for public hearing. The assemblymembers will meet with gubernatorial candidate Rick Halford at noon on Friday, May 25, in the Borough Conference Room. There being no further business to come before the assemblymembers, the meeting adjourned at 9:02 p.m. 11, a c 'Wetiding Officer ATTEST: Borough Clerk (Deputy) Regula[ Assembly Meeting Volume XIII May 17, 1990 Page 124