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1993-02-18 Regular MeetingThere were present: APPROVAL OF AGENDA VOTE ON MOTION TO APPROVE Ayes: Noes: MOTION CARRIED APPROVAL OF MINUTES A. GOULD, seconded by FITZJEARL VOTE ON MOTION TO APPROVE MOTION CARRIED Regular Assembly Meeting February 18, 1993 1 1 1 KODIAK ISLAND BOROUGH Regular Assembly Meeting February 18, 1993 A regular meeting of the Kodiak Island Borough Assembly was held February 18, 1993 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 Presiding Officer led the Pledge of Allegiance. Jack McFarland, Presiding Alan Austerman Betty Fitzjearl Gordon Gould Suzanne Hancock Mike Milligan Mary Monroe comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Donna Smith, Borough Clerk Judi Nielsen, Borough Deputy Clerk Duane Dvorak, Associate Planner /LRP GOULD, moved to approve seconded by MONROE agenda as submitted. Austerman, Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland None Unanimous K.I.B. Assembly Regular Meeting of January 21, 1993. moved to approve minutes of January 21, 1993. Unanimous voice vote KIBS105007 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XV Page 93 AWARDS AND PRESENTATIONS A. Employee of the Month B. Student of the Month 4 Mayor Jerome Selby presented the Employee of the Month Award to Vivian Brumbaugh, cashier in the Finance Department. Mayor Selby presented the Student of the Month Award to Sargent Tunohun, a junior at Old Harbor School. Mayor Selby presented the Distinguished Budget Presentation Award for Fiscal Year 1993 from the Government Finance Officers Association to Karleton Short, KIB Finance Director. He said the Government Finance Officers Association had the highest accounting standards in the country and the Borough had met those standards for the past three years. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS Jon Aspgren, Planning and Zoning Commissioner, reported on Commission discussion regarding the land disposal or exchange for Bayside Fire Department. He said the Commission was concerned about the Borough land management /disposal policy and awaited Assembly direction for a land management plan. He cautioned the Assembly to look closely at the Majdic property. In response to Assemblymember Austerman's question about what piece the Commission had expressed concerns, Commissioner Aspgren said that it was a five acre tract without an exact value established. He was of the opinion that there was no opportunity for the land to be opened to the general public because there was no water and sewer development. Assemblymember Milligan announced that the Cook Inlet Regional Citizens Advisory Council net bi- monthly and the annual report was available to the public at the Legislative Information Office. He said there was Regular Assembly Meeting February 18, 1993 KIBS105008 AWARDS AND PRESENTATIC• EMPLOYEE OF THE MONTH STUDENT OF THE MONTH BUDGET AWARD CITIZENS' COMMENTS COMMITTEE REPORTS Volume XV Page 94 ' 3 increased interest in exploratory drilling, and the citizen's council passed a resolution recommending increased use of tractor tugs. He encouraged public input at the meeting scheduled for September in Kodiak. He attended school district budget review committee meetings and invited public attendance. He noted that information on agenda items was available in the superintendent's office. Assemblymember Hancock, representative on the Kodiak College Advisory Board, announced a meeting of the University of Alaska Board of Regents at the Kodiak Community College. She said the agenda included important items of interest to the public. Assemblymember Monroe participated in a teleconference with the Alaska Municipal League Education Subcommittee to discuss disposition of the $640,000 BP settlement and that the governor recommended the funds be used in level one schools for unhoused students. She attends the Mental Health Center Advisory Board monthly meetings. PUBLIC HEARING 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 -10A Amending Ordinance ORDINANCE No. 92 -10 Fiscal Year 1993 Budget. NO. 92 -10A Presented for consideration was Ordinance No. 92 -10A which, if adopted, amended the Kodiak Island Borough annual budget to reflect actual expenditures and revenues for the first six months of the fiscal year. MONROE, moved to adopt seconded by MILLIGAN Ordinance No. 92 -10A. Mayor Selby explained that the annual mid -year adjustment was based on actual expenditures. He said the l f b a l an c am y c „oani iul,v uaiauue was reduced by $191,000 with receipt of approximately $300,000 more than projected in raw fish tax monies from the State of Alaska. He noted that receipt of grant funds and Mental Health Center funds caused other adjustments. Regular Assembly Meeting February 18, 1993 KIBS10500 Volume XV Page 95 1 0 4 1 8 Presiding Officer McFarland called for public testimony; hearing and seeing none, he reconvened the regular meeting. At Assemblymember Milligan's question, Mayor Selby explained that the fund balance was not affected but the budget reduced by $191,000 to balance the budget with the other funds available for the year. He anticipated more conservative consideration in preparing the budget for next year. Assemblymember Fitzjearl questioned the insurance liability increase of $62,000. Mayor Selby explained it was a premium increase determined by the insurance underwriters based on the Borough's total budget and operations. He said it was standard procedure to project the premium in July and ascertain a final figure at the end of the fiscal year. Mayor Selby answered no to Assemblymember Austerman's question on whether budget was predicated on any settlements. Assemblymember Gould asked for clarification on use of grant funds. Mayor Selby explained that grant funds were for specific projects and if not used as intended, required that monies be returned to state or federal government. Assemblymember Milligan was of the opinion that Mayor Selby was farsighted in setting aside funds for maintenance of buildings. Mayor Selby explained that since the $2,000,000 for building maintenance was interest only, there was no principal reduction. Assemblymember Gould expressed concern at the increase of $1,000,000 in debt service for schools. Mayor Selby noted the increase was for Phase III of the Kodiak High School remodel. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous B. Resolution No. 92 -37 Authorizing the Preparation RESOLUTION of a Consolidation Petition. NO. 92 -37 Regular Assembly Meeting February 18, 1993 Fitzjearl, Gould, Hancock, Milligan, Monroe, Austerman, McFarland KIBS105010 Volume XV Page 96 There were no comments from staff. Presented for consideration was Resolution No. 92 - 37 which, if adopted, directed staff to prepare a petition for consolidation of the Kodiak Island Borough and the City of Kodiak for presentation to the Local Boundary commission under regulations adopted by the commission. The motion to adopt Resolution No. 92 -37 was before the Assembly. Presiding Officer McFarland called for public testimony; hearing and seeing none, he reconvened the regular meeting. Assemblymember Milligan recalled the expense of the previous consolidation effort. At questions raised, Mayor Selby estimated that preparation of the consolidation petition would be 80 hours of work for Community Development Director Linda Freed. He said Borough attorney time on the petition was limited as the State of Alaska reviewed petitions in that legal requirements were met before presentation to the Boundary Commission. Assemblymember Hancock explained that consolidation was the dissolution of two or more municipalities and formation of a new municipality. She was compelled, by the lack of public comment, to express the opinion that additional time and money should not be spent. She added that an ad -hoc committee be formed if suggested by the community in the future. Assemblymember Monroe felt the previous consolidation issue was more complex. She spoke in favor of the resolution in that it allowed staff the opportunity to develop a plan that was more efficient. Assemblymember Gould read his prepared list of six reasons opposing the resolution. He contended that bigger government was not better government and the Borough and City should resume efforts to combine services of a regional nature. He added that the City was incorporated in 1941 and was the only city of six _ Kodiak Island that would of six .. ..emu,. Island uaa �, Wvulu Cease to exist if consolidation were implemented. Assemblymember Austerman echoed the statements of Assemblymember Gould. He believed that the consolidation issue was not brought forward by a mandate of the people and lack of public comment indicated there was little interest. Regular Assembly Meeting February 18, 1993 KIBS105011 Volume X. Page 97 Assemblymember Fitzjearl echoed previous comments. Assemblymember Milligan contended that the people should initiate consolidation. Presiding Officer McFarland was not convinced that consolidation was best for the community. He believed in options and felt consolidation was an option of the future. He agreed that regional functions should be combined. He stated that he was voting against the resolution, not the concept of consolidation. He felt the people should mold the concept. Assemblymember Monroe felt compelled to bring the question before the voters. Assemblymember Austerman asserted that defeating the resolution extended a hand of cooperation to the City. Assemblymember Monroe did not want her yes vote to be construed wrong by the City. VOTE ON MOTION TO ADOPT Ayes: Monroe Noes: Gould, Hancock, Milligan, Austerman, Fitzjearl, McFarland MOTION FAILED 1 Aye, 6 Noes MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby reported continued work on the ISTEA Borough Roads Program funding and awaited legislature approval of the distribution plan proposed by Frank Turpin, Department of Transportation Commissioner. He spoke before the Reapportionment Board regarding the resolution requesting that Kodiak be placed in the Alaska Peninsula and Aleutian Chain Senate District. He reported that the Exxon Valdez Trustee Council postponed three of the Kodiak projects on the 1993 work plan to the March meeting. He announced that work on the National Marine Fisheries funding for the Fish Tech Center was on Regular Assembly Meeting February 18, 1993 KIBS105012 Volume XJ Page 93 OLD BUSINESS None. NEW BUSINESS AUSTERMAN, seconded by MILLIGAN -going and he would attend the National Marine Fisheries meeting in Washington, D.C. late in February. He noted that Secretary of Commerce Brown was scheduled to speak and key topics of discussion were renewal of the Magnusen Act, the Marine Mammals Protection Act and the Coast Guard Safety Act. A. BID AWARDS BID AWARDS 1. Contract No. 93 -05 Scrap Steel Recycling at CONTRACT Smokey's Metal Dump. NO. 93 -05 Mayor Selby informed the Assembly that the contract was for clean -up of 3,500 tons of scrap metals at Smokey's Metal Dump, the land fill and U. S. Coast Guard Base. He described it as phase I and anticipated a phase II clean -up to include the villages. Discussion ensued with the point made that island - living produced a need for strong recycling projects. Mayor Selby added that because the U.S.C.G. base scrap metal was heavy, shipping costs were reduced. VOTE ON MOTION TO AWARD Ayes: Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS Regular Assembly Meeting February 18, 1993 { moved to award Contract No. 93 -05 to General Metals of Tacoma, Inc. of Tacoma, Washington in an amount not to exceed $69,175.00 Hancock, Milligan, Monroe, Austerman, Fitzjearl, Gould, McFarland KIBS105013 OLD BUSINESS NEW BUSINESS RESOLUTIONS 1. Resolution No. 93 -07 Establishing Fees of RESOLUTION the Kodiak Island Borough. NO. 93 -07 Volume XV Page 99 VOTE ON MOTION TO ADOPT Ayes: Ayes: VOTE ON MOTION TO ADOPT KIBS105014 Regular Assembly Meeting February 18, 1993 Noes: Fitzjearl 1 2 Presented for consideration was Resolution No. 93 -07 which, if adopted, established fees of the Kodiak Island Borough. MONROE, moved to adopt seconded by MILLIGAN Resolution No. 93 -07. Mayor Selby reviewed changes to the fee schedule. When Assemblymember Austerman expressed his opinion that discounted fees for businesses encouraged proper disposal of cardboard, Mayor Selby explained that the Engineering /Facilities Department was aggressively working on a cardboard pick -up program because 50 percent of items baled were cardboard. He stressed the importance of keeping cardboard dry. Assemblymember Fitzjearl suggested educating the public about landfill deliveries. Milligan, Monroe, Austerman, Gould, Hancock, McFarland MOTION CARRIED 6 Ayes, 1 No 2. Resolution No. 92 -13A Approving the Amended RESOLUTION Fiscal Year 1993 School District Budget. NO. 92 -13A Presented for consideration was Resolution No. 92 -13A which, if adopted, approved the amended fiscal year 1993 Kodiak Island Borough School District budget in the amount of $17,947.355. GOULD, moved to adopt seconded by MILLIGAN Resolution No. 92 -13A. Mayor Selby explained the mid -year budget adjustments. It was generally agreed that more detailed information, similar to the Borough budget, was ucaii QUic. Monroe, Austerman, Fitzjearl, Gould, Hancock, Milligan, McFarland Volume XV Page 100 Noes: MOTION CARRIED VOTE ON MOTION TO ADOPT Ayes: Noes: C. ORDINANCE FOR INTRODUCTION Regular Assembly Meeting February 18, 1993 '; None Unanimous 3. Resolution No. 93 -08 Urging the Reapportionment Board to Revise the House Senate District Boundaries for Kodiak Island. Presented for consideration was Resolution No. 93 -08 which, if adopted, urged the Reapportionment Board to revise the proposed boundaries for the Kodiak Island House seat to include just Kodiak Island Borough boundaries and combine the Kodiak Island District with the Alaska Peninsula /Aleutians District to form the Senate District for Kodiak and the Aleutian Chain /Alaskan Peninsula area. AUSTERMAN, moved to adopt seconded by FITZJEARL Resolution No. 93 -08. Mayor Selby explained that the resolution proposed redistricting Kodiak boundaries similar to what it was prior to reapportionment. After discussion, Mayor Selby directed attention to the fact that the Borough opposed the reapportionment plan through the courts until it reached the supreme court and costs did not allow further intervention. None MOTION CARRIED Unanimous Austerman, Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland 1. Ordinance No. 93 -14 Amending Kodiak Island Borough Code TITLE 16 SUBDIVISIONS by Adding Chapter 16.35 COMMERCIAL TRACTS. Presented for consideration was Ordinance No. 93 -14 which, if adopted, amended Kodiak Island Borough Code allowing commercial tract platting for phased large scale commercial developments. RESOLUTION NO. 93 -08 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 93 -14 KIBS105015 Volume XV Page 101 FITZJEARL, seconded by AUSTERMAN Mayor Selby said the amendment requested by developers was based in part by provisions found in the Anchorage Municipal Code. He added that the Planning and Zoning Commission recommended adoption of the ordinance. GOULD, seconded by MONROE There was no discussion by the Assembly. VOTE ON MOTION TO AMEND 4 moved to advance Ordinance No. 93 -14 to public hearing on March 4, 1993. moved to amend by changing public hearing date to March 18, 1993. Ayes: Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland Noes: Austerman MOTION CARRIED 6 Ayes, 1 No At questions raised, Duane Dvorak, Community Development Department associate planner, explained that although the Anchorage Municipal Code was used as a starting point, the ordinance was drafted specifically for the Borough to reflect needs of the community. He noted the ordinance was reviewed by the Borough attorney. He said the code change was not for a specific project but to allow future large scale projects. VOTE ON MOTION TO ADVANCE AS AMENDED Ayes: Noes: None MnTTnu nARRTwn Unanimous 2. Ordinance No. 93 -15 Amending Kodiak Island ORDINANCE Borough Code Section 2.21.030 Deputy Clerk- NO. 93 -15 -Appointment. Regular Assembly Meeting February 18, 1993 Gould, Hancock, Milligan, Monroe, Austerman, Fitzjearl, McFarland KIBS105016 Volume XV Page 102 1 GOULD, seconded by MONROE Presented for consideration was Ordinance No. 93 -15 which, if adopted, deleted a portion of Kodiak Island Borough Code relating to deputy clerk exemption. Moved to advance Ordinance No. 93 -15 to public hearing on March 18, 1993. Mayor Selby defined the ordinance as a housekeeping matter that clarified the fact that the deputy clerk position was not exempt from overtime. It was understood that if the deputy clerk was exempt from overtime if acting as clerk for more than thirty days. VOTE ON MOTION TO ADVANCE Ayes: Noes: None MOTION CARRIED Unanimous D. OTHER ITEMS OTHER ITEMS 1. Partial Raw Fish Tax Settlement RAW FISH TAX Distribution Plan. DISTRIBUTION GOULD, seconded by AUSTERMAN Gould, Hancock, Milligan, Monroe, Austerman, Fitzjearl, McFarland moved to accept the distribution plan for the partial raw fish tax settlement funds from the State of Alaska. Mayor Selby informed the Assembly that since the State of Alaska settled litigation with Alyeska, attorneys developed a distribution plan that must be approved by all parties before distribution of the funds. He noted that the Borough was the last municipality to approve the distribution plan. At questions raised, Mayor Selby explained that attorney fees of 1/3 were set aside for continuing litigation. Regular Assembly Meeting February 18, 1993 KIBS105017 Volume XV Page 103 j VOTE ON MOTION TO ACCEPT Ayes: Hancock, Milligan, Monroe, Austerman, Fitzjearl, Gould, McFarland Noes: None MOTION CARRIED Unanimous 2. Confirmation of Ex- Officio Member to the MHCAB EX- OFFICIO Kodiak Island Borough Mental Health Center APPOINTMENT Advisory Board. MONROE, moved to confirm the seconded by FITZJEARL Mayor Selby's appointment of Karen Perkins as an ex- officio member of the Mental Health Center Advisory Board. Mayor Selby said that appointment of an ex- officio member was recommended by the Mental Health Center Advisory Board at the request of the Kodiak Alliance for the Mentally I11. General discussion affirmed the desire to interview boards and commission applicants. VOTE ON MOTION TO CONFIRM Ayes: Noes: None MOTION CARRIED Unanimous 3. Mental Health Center Advisory Board Member MHCAB Resignations. RESIGNATION MONROE, seconded by FITZJEARL Regular Assembly Meeting February 18, 1993 Milligan, Monroe, Austerman, Fitzjearl, Gould, Hancock, McFarland moved to accept the resignations of Shirley Monty and Kenneth Houston from the Mental Health Center Advisory Board. Assemblymember Milligan appreciated the efforts of Ms. Monty and Mr. Houston. KIBS105018 Volume XV Page 1.00 VOTE ON MOTION TO ACCEPT Ayes: Noes: None GOULD, seconded by AUSTERMAN Monroe, Austerman, Fitzjearl, Gould, Hancock, Milligan, McFarland MOTION CARRIED Unanimous ARB /BCBA 4. Architectural Review Board /Building Code RESIGNATION Board of Appeals Member Resignation. moved to accept the resignation of William Matzell from the Architectural Review Board /Building Code Board of Appeals. Mayor Selby and the Assembly appreciated the efforts of all individuals serving on boards and commissions. VOTE ON MOTION TO ACCEPT Ayes: Noes: None MOTION CARRIED Unanimous COASTAL 5. Kodiak Island Borough Coastal Management MANAGEMENT Program Request- for - Proposal. PROGRAM RFP MONROE, seconded by AUSTERMAN Austerman, Fitzjearl, Gould, hancock, Milligan, Monroe, McFarland moved to authorize release of the Request - for- Proposal for the Kodiak Island Borough Coastal Management Program. Mayor Selby explained that the request- for - proposal was for selection of a contractor to assist the Community Development Department prepare a comprehensive planning document particularly appropriate for rural development rezones. AUSTERMAN, seconded by FITZJEARL moved to amend to include the words "a citizens advisory Regular Assembly Meeting Volume Y:. February 18, 1993 KIBS105019 Page 1_S Assemblymember Monroe contended that because timing was critical, she saw no need to delay. VOTE ON MOTION TO AMEND Ayes: Noes: Gould MOTION CARRIED 6 Ayes, 1 No VOTE ON MOTION TO AUTHORIZE AS AMENDED Ayes: Noes: None MOTION CARRIED Unanimous INFORMATIONAL, INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Meeting of December 16, 1992. 2. Fire Protection Area No. 1 (Bayside) Board Meeting of November 24, 1992. 3. KIBSD Regular Meeting of December 14, 1992 and Special Meeting of January 4, 1993. B. REPORTS REPORTS 1. Community Development Department December 1992 Status Report. 2. KIBSD December 1992 Financial Report. C. OTHER None. CITIZENS'- -COMMENTS None. Regular Assembly Meeting February 18, 1993 .3 2 committee will be established to provide feedback to the contractor ". Fitzjearl, Hancock, Milligan, Monroe, Austerman, McFarland Gould, Hancock, Milligan, Monroe, Austerman, Fitzjearl, McFarland KIBS 105020 OTHER CITIZENS' COMMENTS Volume XV Page 106 ASSEMBLYMEMBER COMMENTS Assemblymember Milligan contended that the mandate of the Assembly was to set policy and approve the budget and requests- for - proposal were administrative items. He received information on local revenue per student based on average daily membership that gave a comparison of money spent on students throughout the state. MILLIGAN, seconded by MONROE Presiding Officer McFarland detailed the cost of travel, per diem and hotel expenses for his attendance at work shop discussions on the Magnusen Act, Marine Mammals Act and the Endangered Species Act. Assemblymember Hancock felt Assemblymember McFarland and Mayor Selby represented the community well. VOTE ON MOTION TO APPROVE Ayes: Noes: None MOTION CARRIED Unanimous Assemblymember Hancock congratulated Vivian Brumbaugh, Karl Short, Finance Department staff and Sargent Tunohun. She was pleased that students makinn cinnifinant rhannoc fnr tho hattar war= recognized. Assemblymember Austerman encouraged attendance at the Board of Regents meeting. He appreciated the dedication of those serving on boards and commissions. He congratulated Sargent Tunohun and Mayor Selby. Regular Assembly Meeting February 18, 1993 moved to approve travel for Presiding Officer McFarland to attend meetings to amend the Magnusen Act in Washington, D.C. February 21st through 26th. The approximate cost of $2,400 will be charged to budget line item 100 - 100 - 450 -300. Hancock, Milligan, Monroe, Austerman, Fitzjearl, Gould, McFarland KIBS105021 ASSEMBLYMEMBER COMMENTS Volume X.. Page 107 At Assemblymember Fitzjearl's question, Mayor Selby offered an update on the IFQ issue. At Assemblymember Fitzjearl's question, Mayor Selby explained the Kodiak Island Connection Project was developed by the South West Alaska Municipal Conference to encourage commercial interaction between the villages and Kodiak businesses. He encouraged those interested in being a part of the project to contact the Kodiak Chamber of Commerce. Presiding Officer McFarland announced the Assembly would meet in a goals and objectives work session at 6:00 p.m. on March 3rd in the Assembly Chambers conference room, work session at 6:30 p.m. on Thursday, February 25th in the Borough conference room and regular meeting at 7:30 p.m on Thursday, March 4th in the Assembly Chambers. GOULD, moved to adjourn. seconded by MILLIGAN VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 10:25 p.m. ATTEST: orough Clerk Approved: 03/18/93 Regular Assembly Meeting February 18, 1993 2 KIBS105022 ADJOURNMENT Volume XV Page 108