1992-06-04 Regular MeetingKODIAK ISLAND BOROUGH
Regular Assembly Meeting
June 4, 1992
A regular meeting of the Kodiak Island Borough
Assembly was held June 4, 1992 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 Pastor Alan Ross of the
Native New Life Fellowship, followed by the Pledge of
Allegiance.
There were present:
comprising
Jack McFarland,
Betty Fitzjearl
Suzanne Hancock
Mary Monroe
STEVENS,
seconded by FITZJEARL
STEVENS,
seconded by MONROE
Regular Assembly Meeting
June 4, 1992
Presiding
Gordon Gould
Mike Milligan
Gary Stevens
a quorum of the Assembly; and
Jerome Selby, Borough Mayor
Donna Smith, Borough Clerk
Judi Nielsen, Borough Deputy Clerk
APPROVAL OF AGENDA
VOTE ON MOTION TO AMEND
MOTION CARRIED
STEVENS,
seconded by MONROE
Clerk Smith read the items
Agenda.
moved to approve
agenda.
moved to amend agenda
by adding Item 12.D.2
Inclusion of the Kodiak
Island Borough as an
Intervener on the
Inshore- Offshore
Allocation Lawsuit.
Unanimous voice vote
move to approve the
consent agenda.
considered under Consent
REGULAR MEETING
ROLL CALL
APPROVAL OF
AGENDA
APPROVAL OF
CONSENT A nrNn
KIBS104751
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VOTE ON MOTION TO APPROVE CONSENT AGENDA
Ayes:
Noes:
MOTION CARRIED
APPROVAL OF MINUTES
None.
AWARDS AND PRESENTATIONS
Regular Assembly Meeting
June 4, 1992
Fitzjearl, Gould,
Hancock, Milligan,
Monroe, Stevens,
McFarland
Noes: None
MOTION CARRIED Unanimous
VOTE ON MOTION AS AMENDED
Ayes: Gould, Hancock,
Milligan, Monroe,
Stevens, Fitzjearl,
McFarland
None
Unanimous
APPROVAL OF
MINUTES
AWARDS AND
PRESENTATION:
Mayor Selby presented the Employee -of- the -Month award
to Tom Dunham, solid waste baler operator II at the
baler /landfill.
CITIZEN COMMENTS CITIZEN COMMENTS
A. Agenda Items Not Scheduled For Public Hearing
Tom Hendel, Pasagshak property owner, apprised the
Assembly of the intent to build a bridge across the
Pasagshak River. He spoke to the fact that property
owners had formed an association and intended to fund
the cost of the bridge. In response to questions
raised, he contended that the bridge was not intended
to be used for public access. He emphasized that the
association was asking the Assembly to accept the
right -of -way permit, not public funds.
Colle i __n Mc t.. Pasagshak property exp
en Plt.a�ca. 1d' , owner `•7 "••`�° property �l - ressed ' - a- - - -- -'
concern about the ecology of the river and the
erosion of the river bank. She felt the Assembly
should be cognizant of potential liability problems.
She thought limited access by a foot bridge would be
in order.
KIBS104752
Volume XV
Page 160
Kelly Law, KMXT general manager, pointed out a
discrepancy in Resolution No. 92 -20 regarding the
square footage leased by KMXT Radio Station.
B. Items Other Than Those Appearing on the Agenda
James Wilson encouraged the Assembly to consider a
second audit of the Mental Health Center that would
expressly cover the financial accounting of residents
in the developmentally disabled program. He
encouraged the Assembly to ensure the auditors were
responsible to the Assembly rather than
administration and to certify the results of the
audit.
COMMITTEE REPORTS
Tom Mendel, Planning & Zoning Commissioner, reported
meeting in work session with Parks and Recreation
Committee members to discuss the needs in Borough
parks. He noted that work would resume on the
Comprehensive Plan. He said the Commission supported
adoption of Resolution No. 92 -21.
Clerk Smith read a letter from Forest Blau, Parks and
Recreation Committee member, requesting street and
road sign funds be used for signs in the natural -use
zoned lands.
PUBLIC HEARING
All ordinances and resolutions presented at this
meeting were introduced by title only and copies made
available to the public.
A. Ordinance No. 92 -09 Amending the Position ORDINANCE
Description of the Director of the Mental Health NO. 92 -09
Center at the Kodiak Island Borough Mental
Health Center.
Presented in second reading was Ordinance No. 92 -09
which, if adopted, amended the position description
of the Director of Mental Health Center in the
Personnel Rules and Regulations Manual from an
administrator /clinician description to an
administrator description.
STEVENS,
seconded by MONROE
Regular Assembly Meeting
June 4, 1992
moved to adopt
Ordinance No. 92 -09 as
amended on May 21,
1992.
KIBS104753
COMMITTEE
REPORTS
PUBLIC HEARING
Volume XV
Page 161
Mayor Selby explained that an extensive analysis of
the Mental Health Center endorsed changes to the job
description of the Director of the Mental Health
Center.
Presiding Officer McFarland called for public
testimony.
James Wilson thanked the Assembly for hearing public
concerns and felt the proposed job description was
correct. He applauded the efforts of the Assembly in
addressing all points of concern expressed during
recent meetings.
Jim Carmichael, Mental Health Center Advisory Board
member, read a statement from the Board accepting the
revised job description of the Director of the Mental
Health Center but felt it was imperative to look at
the Clinical Supervisor position and delivery of
services to the community.
The Presiding Officer closed the public hearing and
reconvened the regular meeting.
GOULD,
seconded by FITZJEARL
Assemblymember Gould explained that the wording of
his amendment followed borough code and clarified
the job description.
VOTE ON MOTION TO AMEND
Ayes:
Noes:
MOTION CARRIED Unanimous
Regular Assembly Meeting
June 4, 1992
moved to amend Job
Summary to insert
before the last
sentence the following:
"This position is
appointed by the mayor
and confirmed by both
the mental health
center advisory board
and the assembly ".
Milligan, Monroe,
Stevens, Fitzjearl,
Gould, Hancock,
McFarland
JAWLIC
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VOTE ON MOTION AS AMENDED
Ayes:
Hancock, Milligan,
Monroe, Stevens,
Fitzjearl, Gould,
McFarland
Noes: None
MOTION CARRIED Unanimous
B. Ordinance No. 92 -10 Levying Taxes on All Taxable ORDINANCE
Real and Personal Property Within the Borough NO. 92 -10
for the Expenses and Liabilities of the Borough
for the Fiscal Year Commencing on the First Day
of July 1992 and Ending on the Thirtieth Day of
June 1992.
Presented for consideration was Ordinance No. 92 -10
which, if adopted, covers all funds and sets the tax
levy for fiscal year 1993.
MONROE,
seconded by STEVENS
moved to adopt
Ordinance No. 92 -10.
Mayor Selby spoke to the proposed substitution and
reported the specific increase was for the school
district. He said it was noteworthy that one million
dollars went from the land sale fund to the major
maintenance fund where only interest and not
principal was spent.
FITZJEARL,
seconded by STEVENS
Mayor Selby explained the changes in the proposed
substituted version incorporated minor modifications
as requested by the Assembly. He said it increased
the total expenditure by $25,000 and adjusted
revenue accordingly.
FITZJEARL, moved to amend
seconded by STEVENS amendment Ordinance
No. 92 -10 to replace
the current figures
for non - profit_
organizations with the
figures in the mayor's
budget, which
establishes the level
of funding from fiscal
year 1992 and to
Regular Assembly Meeting
June 4, 1992
moved to amend
Ordinance No. 92 -10 by
substitution.
KIBS104755
Volume XIV
Page 163
provide the revenue to
accomplish this by
increasing the penalty
and interest item by an
equivalency to that
amount.
Assemblymember Fitzjearl explained the intent of the
amendment was to retain funding as requested
originally by non - profit organizations.
Mayor Selby clarified the specific changes that
affected non - profit groups if the amendment were
adopted.
Assemblymember Milligan noted that Assemblymember
Fitzjearl was not present at the work session when
non - profit funding was discussed. He proposed that
an endowment fund be established to set funding aside
for non - profit organizations as extra monies become
available.
VOTE ON MOTION TO AMEND AMENDMENT
Ayes:
Noes:
MOTION CARRIED
MILLIGAN,
seconded by STEVENS
Monroe, Stevens,
Fitzjearl, Gould,
Hancock, Milligan,
McFarland
None
Unanimous
moved to amend to
add $5,100 to previous
figures by adding
$3,100 for the Kodiak
Women's Resource and
Crisis Center and
$2,000 for Special
Olympics.
Assemblymember Milligan explained his amendment in
that the community had a great source of pride for
the Special Olympics organization and that the Kodiak
Women's Resource and Crisis Center had an increase in
d to funding to
financial responsibility due to ivaau.aaig cutbacks
Alaska Legal Services.
Discussion ensued regarding FY93 budget totals
compared to the FY92 budget.
KIBS 104756
Regular Assembly Meeting Volume XIV
June 4, 1992 Page 164
VOTE ON MOTION TO AMEND AMENDMENT
Ayes: Fitzjearl, Milligan
Noes:
MOTION FAILED 2 Ayes, 5 Noes
VOTE ON MOTION TO AMEND BY SUBSTITUTION AS AMENDED
Ayes: Fitzjearl, Gould,
Hancock, Milligan,
Monroe, Stevens,
McFarland
Noes: None
MOTION CARRIED Unanimous
The Presiding Officer opened the public hearing.
The following individuals appeared before the
Assembly and thanked them for funding of their
specific non - profit organization. Many individuals
also described the functions of their organization.
Marion Johnson, Historical Society director.
Carlos Behn Abena, Kodiak Council on Alcoholism.
Marge Derenoff, Kodiak Council on Alcoholism.
Andy Brumbaugh, Kodiak Council on Alcoholism board
president.
Ellie Woreby, Chiniak Public Library director.
Kelli Law, KMXT general manager.
Walter Sapp, Kodiak Council on Alcoholism finance
director.
Jackie Castles, Coast Guard Officers' Wives Club and
Santa to the Villages Program.
Larry O'Hara, Santa to the Villages Program.
Jeanne Volker, Kodiak Baptist Mission director.
John Reft, Kodiak Baptist Mission Board director.
Cicelia Sorenson, Kodiak Womens Resource Center
chairperson and KMXT board member.
Helen Hall, senior citizen of Kodiak.
Tish Raub, Kodiak Women's Resource Center director.
Dorothy Weeks, Kodiak Women's Resource Center
__, _
cauNivyeH.
Pat Kozak, Kodiak Respite Care employee.
Carol Yakish, Kodiak Alliance for the Mentally I11
president.
Francis Cater, all non - profits, especially respite
program and Kodiak Womens Resource Center.
Regular Assembly Meeting
June 4, 1992
Stevens, Gould,
Hancock, Monroe,
McFarland
KIBS 104757
Volume XIV
Page 165
FITZJEARL,
seconded by MILLIGAN
GOULD,
seconded by MILLIGAN,
MONROE,
seconded by MILLIGAN
Regular Assembly Meeting
June 4, 1992
Carol Bagel, Kodiak College director.
Linda Satcher, Kodiak Council on Alcoholism employee.
Brian Himmelbloom, Public Broadcasting System vice -
chairperson.
Tom Watson, Special Olympics, Infant Learning
Program, Alitique Language Study, and Bicentennial.
Dick Knowles, Colleen Caulifield, Jeff Stephen, and
Maria Nault supported full funding of the Little
League Baseball Program and Summer Sports Camp.
James Wilson argued that salaries were an area to
consider in the budget process. He contended that
business owners in the private sector did not allow
salaries to continue to rise if funds were not
available.
Presiding Officer McFarland closed the public hearing
and reconvened the regular meeting.
Assemblymember Milligan again voiced his thoughts on
an endowment fund using extra monies for non - profit
organizations. He also suggested a scenario where
the funds for non - profit organizations were budgeted
and then distributed.
moved to amend
Ordinance No. 92 -10 to
increase Summer Sports
Camp by $3,000, Little
League by $1,750, and
Special Olympics by
$4000.
After further discussion regarding the amendment to
raise the level of funding above last year's level,
Assemblymember Fitzjearl withdrew her amendment with
the concurrence of the second.
MOTION WITHDRAWN Concurrence of second.
moved to amend by
adding $4,000 to
legislative travel to
be used for advisory
board members' travel.
moved to amend
by adding $7,000 to
non - profit
organizations funding
for a total funding
increase of $11,000.
KIBS104758
Volume XIV
Page 166
VOTE ON MOTION TO AMEND AMENDMENT
Ayes:
Noes:
MOTION FAILED
VOTE ON MOTION TO AMEND
Ayes:
Noes:
MOTION FAILED
MILLIGAN,
seconded by STEVENS
VOTE ON MOTION TO AMEND
Ayes:
Noes:
MOTION CARRIED
GOULD,
seconded by MONROE
Regular Assembly Meeting
June 4, 1992
Gould, Milligan, Monroe
Hancock, Stevens,
Fitzjearl, McFarland
3 Ayes, 4 Noes
Monroe, Gould
Hancock, Milligan,
Stevens, Fitzjearl,
McFarland
2 Ayes, 5 Noes
moved to amend
Ordinance No. 92 -12 to
reinstate FY92 funding
level of $306,600 and
increase Kodiak Women's
Resource Center by
$3,114, Special
Olympics by $4,000, and
Kodiak Summer Sports
Camp by $886.
Milligan, Monroe,
Stevens, Fitzjearl,
Gould, Hancock,
McFarland
None
Unanimous
moved to amend
by decreasing
wastewater treatment
plant design by $50,000
and increasing street
signs by $10,000 and
hospital solarium by
$40,000 with bottom
line figure to remain
the same
KIBS10475
Volume XIV
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Assemblymember Gould detailed his intent for a
solarium at the hospital would be to brighten the
lives of patients.
VOTE ON MOTION TO AMEND
Ayes: Monroe, Gould
Noes: Stevens, Fitzjearl,
Hancock, Milligan,
McFarland
MOTION FAILED 2 Ayes, 5 Noes
Assemblymember Gould requested that the possibility
of funding the hospital solarium be revisited in six
months.
VOTE ON MOTION TO ADOPT AS AMENDED
Ayes:
Noes: None
Regular Assembly Meeting
June 4, 1992
Monroe, Stevens,
Fitzjearl, Gould,
Hancock, Milligan,
McFarland
MOTION CARRIED Unanimous
After calling a five minute recess at 10:20 p.m.,
Presiding Officer McFarland reconvened the regular
meeting.
C. Ordinance No. 92 -11 Adopting the 1991 Uniform ORDINANCE
Building Code, the 1991 Uniform Code for the NO. 92 -11
Abatement of Dangerous Buildings, the 1991
Uniform Sign Code, the 1991 Uniform Housing
Code, and adding Kodiak Island Borough Code
Section 15.04.015.
Presented for consideration was Ordinance No.92 -11
which, if adopted, established a single building
inspection program.
FITZJEARL, moved to adopt
seconded by GOULD Ordinance No. 92 -11.
Mayor Selby reported that the City of Kodiak adopted
a similar ordinance that established the parameters
of a single building inspection program to serve the
residents of both jurisdictions as per the Memorandum
of Agreement between the Borough and the City for the
building inspection program.
KIBS104760
Volume XIV
Page 168
FITZJEARL,
seconded by STEVENS
VOTE ON MOTION TO AMEND
Ayes:
Regular Assembly Meeting
June 4, 1992
moved to amend Section
three of Ordinance
No. 92 -11 by adding to
"Section 15.04.015
Exception" the
following: "Chapter
31, Division 1 Site
Accessibility ".
Stevens, Fitzjearl,
Gould, Hancock,
Milligan, Monroe,
McFarland
Noes:
None
MOTION CARRIED
Unanimous
The Presiding Officer opened the public hearing.
Doua`hers, City of Kodiak assistant building
official, was available to answer questions from the
Assembly.
Scot t Arnnt spoke to an exception in the Uniform
Building Code and Uniform Plumbing Code that he
understood was not requested by the joint building
committee. He expressed concern that another
exception involved the Borough in contracting
enforcement when it was clearly under State
jurisdiction. He recommended that the State set the
precedent regarding exceptions.
Dick Rohrer expanded on Mr. Ardnt's comments. He
distributed copies of Alaska Statutes Title 8,
section 08 .18.161 and felt it should be incorporated
into the Borough Code as a whole. He said the
section allowed up to $10,000 of development by a
property owner without a contractor license.
Robin Heinrichs pointed out areas in the Uniform
Building Code that did not seem to be minimal
standards. He suggested that the ordinance needed
more work before adoption. He endorsed comments of
Mr. Rohrer and Mr. Arndt.
Art Hors concurred with previous comments in that
minimum health and safety standards were set by code
and those standards had been surpassed.
KIBS104761
Volume XIv
Page 169
The Presiding Officer closed the public hearing and
reconvened the regular meeting.
MILLIGAN,
seconded by HANCOCK
Assemblymember Stevens felt the ordinance should be
postponed to allow more public input.
At Mr. Mathers' report that only a portion of the
ordinance was adopted by the City of Kodiak, Mayor
Selby explained that the majority of the ordinance
was specific to Borough code only.
STEVENS, moved to postpone
seconded by HANCOCK for thirty days.
VOTE ON MOTION TO POSTPONE
Ayes:
Regular Assembly Meeting
June 4, 1992
KIBS104762
moved to amend
Ordinance No. 92 -11 by
amending section 3 to
add as exceptions the
thirteen exceptions in
AS 08.18.161.
Fitzjearl, Gould,
Hancock, Milligan,
Monroe, Stevens,
McFarland
Noes: None
MOTION CARRIED Unanimous
D. Ordinance No. 91 -08H Amending Ordinance ORDINANCE
No. 91 -08, FY 92 Budget. NO. 91 -08H
Presented for consideration was Ordinance No. 91 -08H
which, if adopted, amended FY92 budget to reflect
changes that are desirable and necessary in the areas
of: Day Care Assistance Program, Capital Projects,
General Fund Revenues and Expenditures, State Grants
and the Mental Health Center.
MONROE, moved to adopt
seconded by STEVENS Ordinance No. 91 -08H.
Mayor Selby gave a breakdown of changes to the FY92
budget and .isA a i n by anhat i tilt i nn _
STEVENS, moved to amend by
seconded by GOULD substitution.
Volume XIV
Page 170
VOTE ON MOTION TO AMEND
Ayes:
Noes:
VOTE ON MOTION AS AMENDED
Ayes:
None.
NEW BUSINESS
Regular Assembly Meeting
June 4, 1992
Hancock, Milligan,
Monroe, Stevens,
Fitzjearl, Gould,
McFarland
None
MOTION CARRIED Unanimous
The Presiding Officer called for public testimony;
seeing and hearing none, he reconvened the regular
meeting.
Gould, Hancock,
Milligan, Monroe,
Stevens, Fitzjearl,
McFarland
Noes:
None
MOTION CARRIED Unanimous
MESSAGES FROM THE BOROUGH MAYOR
Due to the lateness of the hour, Mayor Selby briefly
described work on the IFQ issue and appreciated Jeff
Stephan's diligent efforts.
OLD BUSINESS
MESSAGES FROM
THE MAYOR
OLD BUSINESS
NEW BUSINESS
A. BID AWARDS
BID AWARDS
1. Contract No. 92 -20 Monashka Bay Road
Service District for Road Maintenance, Snow NO. 92-Z0
Removal, Sanding, Road Construction and
Repairs.
The contract was awarded to A -K Construction of
Kodiak, Alaska, under "Consent Agenda ".
K1BS104763
Volume XV
Page 171
2. Contract No. 92 -21 Ouzinkie School
Painting.
The contract was awarded to Paint Masters of
Anchorage, Alaska in an amount not to exceed $24,433
under "Consent Agenda ".
3. Contract No. 92 -22 Womens Bay Road Service
District Road Maintenance, Snow Removal and
Sanding, Road Construction & Repairs
Service.
The contract was awarded to A -K Construction of
Kodiak, Alaska under "Consent Agenda ".
4. Contract No. 92 -23 Water Sample Analysis,
Kodiak Island Borough Landfill Facility.
The contract was awarded to Analytica, Inc. of
Anchorage, Alaska in an amount not to exceed $9,607
under "Consent Agenda ".
5. Contract No. 92 -24 Kodiak Island Hospital CONTRACT
Hot Water System and Fuel Tank Renovation. NO. 92 -24
The contract was awarded to Criterion General Inc. of
Anchorage, Alaska in an amount not to exceed $179,850
under "Consent Agenda ".
6. Contract No. 92 -25 Port Lions School
Dormers & Exterior Repainting.
The contract was awarded to Little Susitna
Construction of Anchorage, Alaska in an amount not to
exceed $55,600 under "Consent Agenda ".
7. Contract No. 92 -26 Larsen Bay School Make- CONTRACT
up Air Unit Addition Project. NO. 92 -26
The contract was awarded to Peninsula Plumbing &
Heating, Inc. of Soldotna, Alaska in an amount not to
exceed $53,216 under "Consent Agenda ".
8. Contract No. 92 -27 East Elementary Painting CONTRACT
Project. NO. 92 -27
rsrau .ARL,
seconded by GOULD
KIBS104764
Regular Assembly Meeting
June 4, 1992
moved t - award
moved L.v
Contract No. 92 -27 to
Custom Painting &
Drywall of Kodiak,
Alaska in an amount NTE
$28,698 and enact local
preference procedure.
CONTRACT
NO. 92 -21
CONTRACT
NO. 92 -22
CONTRACT
NO. 92 -23
CONTRACT
NO. 92 -25
Volume XIV
Page 172
Assemblymember Gould read from the Borough Code
regarding the 10% local hire preference.
VOTE ON MOTION
Ayes:
Noes:
MOTION CARRIED
B. RESOLUTIONS
FITZJEARL,
seconded by GOULD
Regular Assembly Meeting
June 4, 1992
Milligan, Monroe,
Stevens, Fitzjearl,
Gould, Hancock,
McFarland
None
Unanimous
1. Resolution No. 92 -20 Authorizing Leasing of RESOLUTION
the Office Space in the Kodiak Island
Borough Building. NO. 92 -20
If adopted, Resolution No. 92 -20 approved the leasing
of office space in the Borough building with an
additional provision that provided for five automatic
extensions if there were no changes to the leases.
MONROE,
seconded by STEVENS
moved to adopt
Resolution No. 92 -20.
Mayor Selby explained that the leases were
automatically extended for five years if changes in
the lease agreement were not necessary. He said the
KMXT office space figure should be 1,413 square feet.
GOULD,
seconded by STEVENS
moved to amend by
adding to Section 1 of
Resolution No. 92 -20
the words: "the mayor
is authorized to
negotiate and enter
into leases with the
following ".
moved to amend
the space leased by
KMXT to 1,413 square
feet.
VOTE ON MOTION TO AMEND
MOTION CARRIED Unanimous voice vote
KIBS104765
RESOLUTIONS
Volume XV
Page 173
VOTE ON MOTION TO AMEND AS AMENDED
Ayes:
Noes: None
MOTION CARRIED Unanimous
VOTE ON MOTION TO ADOPT AS AMENDED
Ayes:
Noes: None
MOTION CARRIED Unanimous
Stevens, Fitzjearl,
Gould, Hancock,
Milligan, Monroe,
McFarland
Monroe, Stevens,
Fitzjearl, Gould,
Hancock, Milligan,
McFarland
2. Resolution No. 92 -21 Authorizing the RESOLUTION
Disposal of Borough Land, for Less Than NO. 92 -21
Full Market Value, to the Kodiak Elks Lodge
for the Purpose of Developing a Youth Camp
and Lodge. Proposed Lot 1A -2 Tract A, U.S.
Survey 3465 (Approximately 3.35 Acres)
Generally Located on the South Shore of
Island Lake.
If adopted, Resolution No. 92 -21 authorized disposal
of property to the Elks Lodge for construction of a
Boy Scout and youth lodge.
FITZJEARL, moved to adopt
seconded by MONROE Resolution No. 92 -21.
Mayor Selby explained that the proposed property
disposal dealt with 3.35 acres of land near Island
Lake that was leased to the Elks Lodge for Boy Scout
activities in the community. He said there were four
conditions to the disposal.
Assemblymember Monroe read the conditions of the
disposal.
Regular Assembly Meeting
June 4, 1992
KIBS104766
Volume XIV
Page 174
Ayes:
Noes:
MOTION CARRIED
C.
D.
VOTE ON MOTION
None
Unanimous
ORDINANCES FOR INTRODUCTION
None.
OTHER ITEMS
MILLIGAN,
seconded by HANCOCK
Regular Assembly Meeting
June 4, 1992
Fitzjearl, Gould,
Hancock, Milligan,
Monroe, Stevens,
McFarland
1. Permit from the State of Alaska for
Construction of a Bridge in Pasagshak.
Property owners in the Pasagshak Subdivision are
interested in constructing a private bridge across
the river, providing limited access to their lots.
The State will not issue a private permit in a timely
manner to those individuals. The State will issue a
public permit to the Borough, if the Borough accepts
liability.
Presiding Officer McFarland declared he had a
conflict of interest and passed the gavel to Deputy
Presiding Officer Stevens.
moved to accept
the State - issued public
permit to construct a
bridge across Pasagshak
River.
Scott Arndt, speaking for Tom Hendel, Pasagshak
property owner, informed the Assembly that the
proposed bridge did not preclude the Borough from
constructing another bridge for public access. He
applauded the Pasagshak property owners for their
diligence in working out the details of the bridge
construction.
Mayor Selby explained that if the Borough did not
accept the permit, construction of the bridge would
be postponed for a year.
The Assembly pondered the question of Borough
liability.
KIBS104767
ORDINANCES FOR
INTRODUCTION
OTHER ITEMS
PASAGSHAK BRIDGE
PERMIT
Volume XV
Page 175
FITZJEARL,
seconded by GOULD
VOTE ON MOTION TO EXTEND
MOTION CARRIED Unanimous voice vote
Responding to questions from the Assembly, Mayor
Selby explained that the proposed bridge was accessed
on private property, spanned state property and
exited on borough right -of -way property.
General discussion ensued.
Scott Arndt spoke to the fact the bridge would not
change the current public access.
GOULD,
seconded by MILLIGAN
VOTE ON MOTION TO AMEND
Ayes:
Noes: None
Abstain: McFarland
MOTION CARRIED Unanimous
Assemblymember Gould requested that the Borough
attorney be present at any meetings where the
Pasagshak Bridge was discussed.
VOTE ON MOTION AS AMENDED
Ayes:
Noes: Fitzjearl
Abstain: McFarland
MOTION CARRIED Unanimous
Regular Assembly Meeting
June 4, 1992
moved to extend
the meeting not to
exceed 30 minutes.
moved to amend
by adding wording after
Pasagshak River: "and
disposal of the right -
of -way permit will be
done in accordance with
the borough code
section dealing with
real property ".
Gould, Hancock,
Milligan, Monroe,
Fitzjearl, Stevens
Hancock, Milligan,
v r....i.a Stevens
1'LVIfLVG, ,
KIBS104768
Volume XIV
Page 176
Deputy Presiding Officer Stevens passed the gavel
back to Presiding Officer McFarland.
2. Inclusion of the Kodiak Island Borough as
an Intervener on the Inshore- Offshore
Allocation Lawsuit.
MILLIGAN,
seconded by STEVENS
Mayor Selby reported that the factory trollers had
filed suit and that as an intervener, it protected
the Borough's interest in litigation. He stated that
the Borough lobbyist recommended involvement.
VOTE ON MOTION
Ayes:
Noes:
MOTION CARRIED
INFORMATIONAL MATERIALS
1.
C. OTHER
None.
Regular Assembly Meeting
June 4, 1992
moved to approve
inclusion of the Kodiak
Island Borough as an
intervener on the
Inshore- Offshore
Allocation Lawsuit.
Hancock, Milligan,
Monroe, Stevens,
Fitzjearl, Gould,
McFarland
None
Unanimous
A. MINUTES OF OTHER MEETINGS
1. RIB Mental Health Center Advisory Board
regular meeting of April 6, special meeting
of April 20, work session of April 27,
special meeting of April 30, and work
session of May 4, 1992.
2. Planning & Zoning Commission meeting of
April 15, 1992.
3. KIBSD regular meeting of April 27, and
special meetings of May 4 and May 18, 1992.
B. REPORTS
Community Development Department Ap 1992
Status Report.
KIBS104769
INSHORE - OFFSHORE
INTERVENER
INFORMATIONAL
MATERIALS
MINUTES OF OTHER
MEETINGS
REPORTS
OTHER
Volume XV
Page 177
CITIZEN COMMENTS
None.
ASSEMBLYMEMBER COMMENTS
Assemblymember Stevens asked that discussion on the
ambulance and the possibility of future use of the
dump side for a ball park be placed on an upcoming
work session agenda.
When Assemblymember Monroe expressed interest in
meeting with Mr. Garzini, lobbyist, in an economic
planning work session, Mayor Selby explained that a
meeting was anticipated during the third week in
July.
Assemblymember Monroe appreciated public input.
Presiding Officer McFarland thanked the Assembly for
their efforts on the budget.
The Presiding Officer announced the Assembly would
meet in a work session on Thursday, June 11, 1992, at
7:30 p.m. in the Borough conference room and a
regular meeting on June 18, 1992, at 7:30 p.m. in the
Borough Assembly Chambers.
There being no further business to come before the ADJOURNMENT
Assembly, the meeting adjourned at 11:51 p.m.
ATTEST:
Donna F. Smith
('lark
Regular Assembly Meeting
June 4, 1992
. McFar
g Offic
Ja k
Pr - -idi
KIBS104770
CITIZEN COMMENm¢
ASSEMBLYMEMBER
COMMENTS
Volume XIV
Page 178