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1990-09-20 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting September 20, 1990 A regular meeting of the Kodiak Island Borough REGULAR MEETING Assembly was held September 20, 1990 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. The invocation was given by Chaplain Terrence Mulkerin of the Star of the Sea Chapel followed by the Pledge of Allegiance. There were present: Lorne White, Presiding Jack McFarland Mary Monroe absent: Tom Merriman (excused) Suzanne Hancock Bob Shuttlesworth Gary Stevens comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye J. Vaughan, Borough Clerk Donna F. Smith, Deputy Clerk APPROVAL OF AGENDA STEVENS, seconded by SHUTTLESWORTH VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED MCFARLAND, seconded by SHUTTLESWORTH VOTE ON MOTION moved to amend agenda by removing Ordinance No. 90-26 and Ordinance No. 90-27 and to add an executive session to the agenda. Hancock, McFarland, Monroe, Shuttlesworth, Stevens, White None Unanimous move to approve agenda as amended Unanimous voice vote ROLL CALL APPROVAL OF AGENDA Regular Assembly Meeting Volume XIII September 20, 1990 Page 186 CONSENT AGENDA CONSENT AGENDA The items on the consent agenda were read aloud by the Borough Clerk. MONROE, moved to adopt consent seconded by MCFARLAND agenda. VOTE ON MOTION Ayes: McFarland, Monroe Shuttlesworth, Stevens, Hancock, White Noes: None MOTION CARRIED Unanimous APPROVAL OF MINUTES APPROVAL OF MINUTES A. K.I.B. Assembly Special Meeting of August 21, 1990. B. K.I.B. Assembly Special Meeting of August 30, 1990. C. K.I.B. Assembly Regular Meeting of September 6, 1990. These items were previously approved under the "Consent Agenda." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS Mayor Selby said the placque for the 1990 Achievement Award from the National Association of Counties for Emergency Services Council's activities duringthe Exxon Valdez oil spill was received. CITIZENS' COMMENTS CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing B. Items Other Than Those Appearing on the Agenda None COMMITTEE REPORTS COMMITTEE REPORTS Jon Aspgren, P&Z representative, said the next regular Planning and Zoning meeting is October 17 with five cases referring to code revisions, three cases on rezoning, and two cases on land disposal. He said there was good public comment at the last Regular Assembly Meeting Volume XIII September 20, 1990 Page 1B7 meeting in regards to the 9.8 acre tract of land for disposal and asked the assembly to consider the specific points brought forth from the commission. He was looking forward to the joint meeting with the assembly on September 27th. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby reported on the Village Schools paint projects and had photos for the assembly to view. He said concerns on the low census count were put into a letter and sent to the state demographer for review. He did attend the board meeting of the Alaska Municipal League and called attention to the AML accomplishments list of the last three years. He said the loss projection and analysis on the Kodiak Island Borough had been prepared by the risk group, and the overall conclusion was there was adequate coverage in all areas but some areas needed to be reexamined. OLD BUSINESS OLD BUSINESS None NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Engineering and Construction Services KIH FUEL SPILL Contract for the Kodiak Island Hospital Fuel Incident SHUTTLESWORTH, seconded by MCFARLAND moved to award contract to SRH Group of Portland, OR in amount NTE $89,532 to provide engineering and construction services for the KI Hospital fuel incident. During discussion, Assemblymembers clarified this award was to outline the cleanup method to be used. They discussed responsibility. Mayor Selby explained the ultimate responsibility was the Kodiak Island Borough as the owner of the building, but the study may show the oil source was not coming from the hospital site but from somewhere else and would not be the Borough's responsibility. He said the study, funded by the hospital, would determine what the total clean up cost would be, and a meeting scheduled to discuss with the hospital administration the means of paying the costs of clean up. He stated Regular Assembly Meeting September 20, 1990 Volume XIII Page 188 a complete clean up plan and description of clean up was required by DEC before clean up could be started. VOTE ON MOTION TO AWARD Ayes: Noes: MOTION CARRIED B. RESOLUTIONS Monroe, Shuttlesworth, Stevens, Hancock, McFarland, White None Unanimous 1. Resolution No. 90-47 Calling for a Stop to Contradictory Enforcement of Air and Water Quality Regulations by the Alaska Dept. of Environmental Conservation. (This item was previously adopted under "Consent Agenda".) 2. Resolution No. 90-48 Urging Increased Coast Guard Funding and Support. (This item was previously adopted under "Consent Agenda".) 3. Resolution No. 90-49 Calling for Realistic Application of New Solid Waste Disposal Regulations to Southwest Communities by the Alaska Dept. of Environmental Conservation and the U.S. Environmental Protection Agency. (This item was previously adopted under "Consent Agenda".) 4. Resolution No. 90-50 Calling for the North Pacific Fishery Management Council to Address the Inshore -Offshore Allocation of Groundfish Harvesting and Processing Prior to Consideration of a Moratorium on New Entries into the Groundfish Harvesting Fleet. (This item was previously adopted under "Consent Agenda".) Regular Assembly Meeting September 20, 1990 RESOLUTIONS RESOLUTION NO. 90-47 RESOLUTION NO. 90-48 RESOLUTION NO. 90-49 RESOLUTION NO. 90-50 Volume XIII Page 189 5. Resolution No. 90-51 Calling for Action to RESOLUTION End the Use of High Seas Driftnets by NO. 90-51 Foreign Fishermen. (This item was previously adopted under "Consent Agenda".) 6. Resolution No. 90-52 Calling for State RESOLUTION Support of Health Care Facilities. NO. 90-52 (This item was previously adopted under "Consent Agenda".) 7. Resolution No. 90-53 Supporting a RESOLUTION Constitutional Amendment on Subsistence. NO. 90-53 (This item was previously adopted under "Consent Agenda".) 8. Resolution No. 90-54 Supporting Adequate RESOLUTION Funding for the Alaska Regional Development NO. 90-54 Organization Program. (This item was previously adopted under "Consent Agenda".) 9. Resolution No. 90-55 Supporting RESOLUTION Continuation of the Work of DOT Ports and NO. 90-55 Harbors Task Force. (This item was previously adopted under "Consent Agenda".) 10. Resolution No. 90-56 Supporting a Ten -Year RESOLUTION Program to Provide Matching Financing to NO. 90-56 Municipalities for Major Maintenance and New Construction of Port and Harbor Facilities. (This item was previously adopted under "Consent Agenda".) 11. Resolution No. 90-57 Appropriating $12,000 to the City of Ouzinkie for Completion of a Breakwater Feasibility Study. McFARLAND, seconded by MONROE moved to adopt Resolution No. 90-57 As requested, Mayor Selby explained Corps of Engineers were in the process of completing the Ouzinkie Breakwater Feasibility Study and $24,000 had been appropriated for the City of Ouzinkie by the legislature and then vetoed by the Governor. He said RESOLUTION NO. 90-57 Regular Assembly Meeting Volume %III September 20, 1990 Page 190 since the balance of the funds available from the state were only available until September 30, the local funds had to be matched. He continued by saying the City of Ouzkinie was able to contribute $12,000 and asked the Assembly to approve $12,000 in order for the September 30th deadline to be met. Assemblymembers agreed the breakwater if very important to the community and would provide for all vessels on the island. VOTE ON MOTION Ayes: Noes: Shuttlesworth, Stevens, Hancock, McFarland, Monroe, White None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION ORDINANCES 1. Ordinance No. 90-26 Clarifying the Subjects ORDINANCE which may be Discussed by Borough Officials NO. 90-26 in Executive Session and Clarifying the Records of the Borough which are not Available for Public Inspection. (This ordinance was withdrawn from the agenda earlier in the meeting.) 2. Ordinance No. 90-27 Amending the Duties of ORDINANCE the Borough Clerk to Require Attestation of NO. 90-27 the Mayor's Signature on all Contracts to Which the Borough is a Party. (This ordinance was withdrawn from the agenda earlier in the meeting.) 3. Ordinance No. 90-28 Rezoning Lots 8 and 9 and a Portion of Lot 10 adjacent to Lots 8 and 9, Block 3, Lakeside Subdivision From I -Industrial to R -2 -Two Family Residential and a 25' Strip of Lot 7 and Lot 10 adjacent to Lot 8 from I -Industrial to PL - Public Land. Presented in first reading was Ordinance No. 90-28 which rezones areas to be consistent with the residential development in the Selief Lane corridor. Assemblymember Monroe asked to abstain from discussion and vote on this issue as she declared a conflict of interest. ORDINANCE NO. 90-28 Regular Assembly Meeting Volume X1I2 September 20. 1990 Page 191 MCFARLAND, moved to adopt seconded by SHUTTLESWORTH Ordinance No. 90-28 in first reading. After discussion, the assembly agreed the land in question had been removed from the land sale because it was not conducive to industrial property and should be rezoned. VOTE ON MOTION TO ADOPT IN FIRST READING Ayes: Noes: Abstained: D. OTHER ITEMS Stevens, Hancock, McFarland, Shuttlesworth, White None Monroe 1. Appointment of Election Workers for October 2, 1990 Regular Election. This item was previously approved under "Consent Agenda." 2. Renewal of Employment Agreement for Borough Clerk. McFARLAND, moved to seconded by SHUTTLESWORTH postpone employment agreement with the Clerk to the October 4, 1990 regular meeting. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS 1. K.I.B.S.D. Regular Meeting of July 23, 1990. 2. Service District #1 Board of Supervisors Meeting of August 29, 1990. B. REPORTS None Regular Assembly Meeting September 20, 1990 INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS Volume %III Page 192 C. OTHER None CITIZENS' COMMENTS None ASSEMBLYMEMBER'S COMMENTS Assemblymember Monroe reminded the residents of two vacancies on the Mental Health Board and other openings on boards and commissions and urged them to contact the Clerk for an application She also reminded the residents of voter registration booths open this weekend. Assemblymember McFarland requested discussion of the comprehensive plan and outline for projected completion on the next work session with Planning and Zoning Commission. Assemblymember Hancock suggested legal advice on Ordinance No. 90-26 before discussion at a work session. Presiding Office White requested an ordinance on utilities be presented at the next worksession. MONROE, seconded by MCFARLAND MOTION CARRIED moved to recess to executive session to discuss legal matters with attorneys concerning ligation with Exxon Company on the Exxon Valdez oil spill and unionization of Borough employees. Unanimous voice vote. At 9:38 p.m., Presiding Office White reconvened the regular meeting and reported there would be no action taken as a rasult of executive meeting. There being no further business to come before the assembly, the meeting adjourned at 9:39 p.m. FiWsiding Officer ATTEST: B rou h Clerk Regular Assembly Meeting September 20, 1990 OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER'S COMMENTS Volume %III Page 193