Loading...
1990-11-20 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting November.20, 1990 A regular meeting of the Kodiak Island Borough Assembly was held November 20, 1990 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:00 p.m. The invocation was given by the Reverend Greg Frazier of the Community Baptist Church followed by the Pledge of Allegiance. There were present: Gary Stevens, Presiding Betty Fitzjearl Gordon Gould Mary Monroe Mike Milligan absent: Jack McFarland (excused) Suzanne Hancock (excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Gaye J. Vaughan, Borough Clerk Donna F. Smith, Deputy Clerk APPROVAL OF AGENDA FITZJEARL, seconded by GOULD MOTION CARRIED MONROE seconded by GOULD VOTE ON MOTION TO AMEND MOTION CARRIED Regular Assembly Meeting November 20, 1990 moved to approve agenda as submitted. Unanimous Voice Vote move to amend agenda by adding appointment to Monashka Bay Service District Advisory Board "Committee Reports" and adding executive session to discuss legal matters prior to adjournment. Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA Volume XIII Page 237 VOTE ON MOTION TO APPROVE AGENDA AS AMENDED VOTE ON MOTION MOTION CARRIED APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS A. Student of the Month Unanimous voice vote Mayor Jerome Selby presented the Student of the Month award to Becky Azuyak, Senior at Old Harbor High School. CITIZEN'S COMMENTS A. Agenda Items Not Scheduled For Public Hearing Yeshi Benyamin handed Assemblymembers a letter in which he requested repurchase of Lot 7-A, Block 5, Miller Point Alaska Subdivision and asked them to reconsider the action taken by the court. Presiding Officer Stevens asked the Mayor for a brief outline of the events regarding the property Mr. Benyamin referred to. Mayor Selby reported there was a foreclosure process on the piece of property sold in 1979 to Mr. Benyamin as payments were in arrears since 1984. He said the property was currently owned by the Kodiak Island Borough and was on the current land sale. Assemblymember Gould responded to Mr. Benyamin's letter in which he asked the Borough to enter into negotiations to enable him to repurchase the property. He explained that in accordance with Borough Code 18.20.120A, negotiations could be made with an individual as defined in 18.20.100B. He told Mr. Benyamin the avenue open to him was to place a bid on the upcoming land sale and repurchase the property in accordance with the terms of the land sale. Karl Short, President of Kodiak Island Sportsman Association, spoke in favor of Resolution No. 90-70. Phil Lagasse, representative for the National Guard, favored the passage of Resolution No. 90-70. APPROVAL OF MINUTES AWARDS AND PRESENTATIONS STUDENT OF THE MONTH CITIZEN'S COMMENTS Regular Assembly Meeting Volume XIII November 20, 1990 Page 238 Scott Arndt indicated he was present to answer questions about the Service District No. 1 sewer/water transfer. Anna Castillo, resident in Service District No. 1, urged the transfer of the service district's water/sewer improvements from the Kodiak Island Borough to the City of Kodiak. Sharon Nault, resident in Service District No. 11 opposed defeating the water/sewer transfer but suggested tabling for discussion at a future meeting. Presiding Officer Stevens appreciated the comments on the transfer and said it was the Assembly's intention to find out what the residents in the area want as their are other options available. Dan Millard, encouraged the Assembly to approve the transfer of the utilities to the City of Kodiak because the utilities were an extension of the city's system and they have the staff available to care for the utilities. He hoped the transfer would not be clouded by the annexation proposal presented by the Service District Board. Tom Hendel, resident of Service District No. 11 favored the transfer of the utilities. Petty Officer Mike Blake favored Resolution No. 90-70 as the property provided a good safe training ground. B. Items Other Than Those Appearing on the Agenda None COMMITTEE REPORTS COMMITTEE REPORTS A. Assembly Committee Appointments GOULD, motion to confirm the seconded by FITZJEARL appointment of Assemblymembers to boards and commissions. 1. Architectural Review Board - Mike Milligan 2. Hospital Advisory Board - Gordon Gould 3. Mental Health Board - Mary Monroe 4. Parks & Recreation - Jack McFarland 5. Kodiak College - Suzanne Hancock 6. School Budget Review Board - Gary Stevens 7. DP Steering Committee - Jack McFarland 8. Kodiak Transportation System (KTS) - Betty Fitz j earl Regular Assembly Meeting Volume XIII November 20, 1990 Page 239 9. Planning & Zoning Commission - Selected Monthly 10. Emergency Services Council - Deputy Presiding Officer VOTE ON MOTION MOTION CARRIED Unanimous voice vote B. Appointment to Monashka Bay Service Area Board FITZJEARL, moved to appoint seconded by Gould Eric Blankenberg to Monashka Bay Service Area Board. VOTE ON MOTION MOTION CARRIED Unanimous voice vote. Tom Hendel, P&Z representative, reported the commission was completing review and rewrite of several sections of the zoning regulations and continuing to work on the borough -wide and urban area system comprehensive plan. PUBLIC HEARING PUBLIC HEARING A. Ordinance No. 90-37 Requiring Assembly ORDINANCE Confirmation of the Finance Director. NO. 90-37 Presented for consideration in second reading was Ordinance No. 90-37 which, if adopted, would required confirmation of the mayor's appointment of the finance director by the assembly. MONROE, moved to adopt seconded by MILLIGAN Ordinance No. 90-37. The presiding officer opened the public hearing. Scott Arndt questioned the need for the confirmation of the finance director. Assemblymember Gould explained there are four positions the Alaska Statutes allow appointment confirmation: clerk, attorney, treasurer, and police chief. Scott Arndt felt that since it had worked fine in the past, he recommended it stay as is. The presiding officer closed the public hearing and reconvened the regular meeting. Regular Assembly Meeting Volume XIII November 20, 1990 Page 240 VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Fitzjearl, Gould, Monroe, Milligan, Stevens None Unanimous B. Ordinance No. 90-38 Prescribing Alternative Methods of Enforcement of Real Property Taxes. Presented for consideration in second reading was Ordinance No. 90-38 which allows the borough to remove property from the foreclosure list and seek a personal action suit against the property owner if it is not in the best interest of the borough to own the property. GOULD, seconded by MILLIGAN GOULD, seconded by FITZJEARL moved to adopt Ordinance No. 90-38 moved to amend the first sentence of Section 3.20.165 to delete the word "deed" and insert in its place the words "execution of the deed to the borough" in Ordinance No. 90-38. Assemblymember Gould read the sentence, "The mayor may, at any time prior to the execution of the deed to the borough, remove property from the foreclosure list, when the financial benefits of foreclosure are exceeded by the costs of foreclosure and the liabilities of the ownership of the property involved." The presiding officer called for public hearing, seeing none, reconvened the regular meeting. The presiding officer requested the mayor to comment on the purpose of ordinance. Mayor Selby explained the intention of the ordinance was to give the borough some latitude on tax foreclosure cases and avoid taking title to properties with negative values. ORDINANCE NO. 90-38 Regular Assembly Meeting Volume XIII November 20, 1990 Page 241 VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED GOULD, seconded by FITZJEARL Monroe, Milligan, Fitzjearl, Gould, Stevens None Unanimous moved to amend the same sentence of Ordinance No. 90-38 to replace the word "may" with the word "shall" so the first sentence will read in part "The mayor shall..." Assemblymember Gould explained the effect of the amendment was to require administration to thoroughly investigate each property being foreclosed to determine that the financial benefits exceed the liabilities of ownership. VOTE ON MOTION TO AMEND Ayes: Gould Noes: Milligan, Fitzjearl, Monroe, Stevens MOTION FAILED 1 aye, 4 noes Assemblymember Gould noted that all properties should be investigated to determine if there were hazardous waste. Mayor Selby assured the Assemblymembers that had been done and would continue to be done. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: MOTION CARRIED Fitzjearl, Gould, Monroe, Milligan, Stevens None Unanimous C. Re-establishment of Boards and Commissions The presiding officer called for public hearing after clarifying the purpose was to re-establish the Hospital Advisory Board, Mental Health Advisory Regular Assembly Meeting November 20, 1990 BOARDS AND COMMISSIONS Volume XIII Page 242 Board, Personnel Advisory Board, Architectural Review Board, and Parks & Recreation Committee required by KIBC 2.39.180. Scott Arndt asked if this was in the form of an ordinance. Clerk Vaughan explained there was a section in the code adopted three years ago that required re- establishment of non -mandated boards and commissions, at three year intervals. Scott Arndt pointed out since the boards and commissions were being re-established due to a sunset clause, it should be done through an ordinance. He favored the re-establishment of all five boards. The presiding officer closed the public hearing and reconvened the regular meeting. MONROE, seconded by MILLIGAN VOTE ON MOTION Ayes: Noes: moved to re-establish the Mental Health Advisory Board, Hospital Advisory Board, Personnel Advisory Board, Parks & Recreation Committee, and Architectural Review Board until November 1993. Fitzjearl, Gould, Monroe, Milligan, Stevens None MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR Mayor Selby commended the Assemblymembers for their work at the Alaska Municipal League conference. He reminded residents the bids on Land Sale #11 were due next Monday at 5:00 p.m. Mayor Selby presented the Government Finance Officer's Distinguished Presentation Award to Karleton Short, Finance Director. Mr. Short applauded Carol Bauder for her work on the budget. Regular Assembly Meeting November 20, 1990 MESSAGES FROM MAYOR AWARD Volume XIII Page 243 OLD BUSINESS None. OLD BUSINESS NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS None. B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 90-69 Supporting Submission RESOLUTION of a Proposal for a Solid Waste Management NO. 90-69 Planning Grant. MILLIGAN, moved to adopt seconded by GOULD Resolution No. 90-69. At the presiding officer's request, Mayor Selby explained this was a $50,000 grant to continue work on improving the solid waste management program in the Kodiak Island Borough which must be matched with borough funds. VOTE ON MOTION TO ADOPT Ayes: Gould, Monroe, Milligan, Fitzjearl, Stevens Noes: None MOTION CARRIED Unanimous 2. Resolution No. 90-70 Authorizing an Application for Funding Assistance for an Outdoor Recreation Project to the State Liaison Officer as Provided by the Land and Water Conservation Fund. MILLIGAN, moved to adopt seconded by FITZJEARL Resolution No. 90-70 At the presiding officer's request, the Mayor explained Resolution No. 90-70 requested grant funds to obtain and improve the Salonie Creek rifle range. Regular Assembly Meeting November 20, 1990 RESOLUTION NO. 90-70 Volume XIII Page 244 VOTE ON MOTION Ayes: Noes: Monroe, Milligan, Fitzjearl, Gould, Stevens None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS OTHER 1. Approval of Agreement for Transfer of SERVICE DISTRICT Service District No. 1 Water and Sewer NO. 1 Improvements from the Kodiak Island Borough WATER/SEWER to the City of Kodiak. TRANSFER GOULD, seconded by MONROE moved to approve agreement for transfer of water and sewer improvements within Service District No. 1 to the City of Kodiak. Presiding Officer Stevens asked the Mayor to comment. Mayor Selby said the service district board failed to pass motion to transfer the improvements and passed a motion to recommend annexation of the service district in its entirety to the city. Discussion ensued with possibilities and options explored. It was recommended to postpone to the first meeting in January for action after meeting with the city council and service district board at the joint work session scheduled December 18th. GOULD, moved to postpone seconded by FITZJEARL to January 3, 1991, regular meeting. Assemblymember Fitzjearl clarified that the meeting on December 18 would be open to the public, and Mayor Selby said the meeting in January should be scheduled as a public hearing. Assemblymembers discussed with Scott Arndt, Service District No. 1 Board Chairman, the actions of that Board. Mr. Arndt said it was the intent of the board to turn over all utilities and road service to the city. When asked by the presiding officer if the Regular Assembly Meeting Volume XIII November 20, 1990 Page 245 board would have no objection to postponing until the December 18th meeting with the city and service board to discuss a consensus, Mr. Arndt did not think the board would object. VOTE ON MOTION TO POSTPONE Ayes: Milligan, Fitzjearl, Gould, Monroe, Stevens Noes: None MOTION CARRIED Unanimous INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS 1. Service District No. 1 Board of Supervisors meeting October 9, 1990. B. REPORTS 1. K.I.B.S.D. September Report of Revenues and Expenditures. 2. K.I.B. October Financial Report. C. OTHER None CITIZENS' COMMENTS None. ASSEMBLYMEN'S COMMENTS Presiding Officer Stevens congratulated Mayor Selby on being elected presiding of the Alaska Municipal League and noted Borough Clerk Vaughan had been named Municipal Employee of the Year. Assemblymembers also congratulated the clerk and mayor. They reported on their attendance at the Alaska Municipal League. Assemblymember Monroe encouraged testimony on the Service District No. 1 sewer/water transfer at the upcoming public meeting. She said it was a very complex issue and believed action for joint meeting was the right action. She encouraged citizens to apply for vacant positions on the boards and commissions. Regular Assembly Meeting November 20, 1990 INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS Volume XIII Page 246 Presiding Officer Stevens announced the next regular meeting would be Thursday, December 6, 1990, at 7:30 p.m.; work session on Thursday, November 29, 1990, at 7:30 p.m.; and wished all of the citizens of Kodiak a very happy Thanksgiving. GOULD, seconded by MILLIGAN VOTE ON MOTION Ayes: MOTION CARRIED Presiding Officer Stevens meeting at 9:19 p.m. and taken as a result of the moved to recess to executive session to discuss pending litigation. Fitzjearl, Gould, Monroe, Milligan, Stevens Unanimous reconvened the regular reported no action would be executive session. There being no further business to come before the assembly, the meeting adjourned at 9:19 esidin Officer ATTEST: B➢rougblerk LD Regular Assembly Meeting Volume XIII November 20, 1990 Page 247