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1993-07-15 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting July 15, 1993 A regular meeting of the Kodiak Island Borough Assembly was held July 15, 1993 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:32 p.m. The invocation was given by Reverend Dennis Burke of the Kodiak Baptist Mission, followed by the Pledge of Allegiance. There were present: ROLL CALL Jack McFarland, Presiding Alan Austerman Betty Fitzjearl Mary Monroe absent: Gordon Gould Mike Milligan comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith, Clerk Judi Nielsen, Deputy Clerk Assemblymember Gould was out -of -town and asked to be excused; Assemblymember Hancock was vacationing out - of -town and asked to be excused; and Assemblymember Milligan was commercial fishing and asked to be excused. MONROE, seconded by FITZJEARL VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OP AGENDA FITZJEARL, seconded by MONROE Suzanne Hancock moved to excuse Assemblymember Gould, Assemblymember Hancock and Assemblymember Milligan. Unanimous voice vote moved to approve agenda as submitted. REGULAR MEETING APPROVAL OF AGENDA Regular Assembly Meeting Volume XVII July 15, 1993 Page 18 VOTE ON MOTION TO APPROVE Ayes: Austerman, Fitzjearl, Monroe, McFarland Noes: None Absent: Gould, Hancock, Milligan MOTION CARRIED Unanimous APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS A. Agenda Items Not Scheduled for Public Hearing None. APPROVAL OF MINUTES AWARDS AND PRESENTATIONS CITIZENS' COMMENTS B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Jody Hodains, Planning and Zoning Commissioner, reported that the Commission supported adoption of Ordinance No. 93 -52 because light industrial zoning was most appropriate for the Larsen Bay Airport. She reported continued work on rural development and conservation zoning district revisions. She said representatives from Kodiak Native corporations attended the July 8, 1993 Commission work session and were anticipated to attend the August 4, 1993 work session. She encouraged Assemblymember attendance. Assemblymember Austerman reported that he and Assemblymember Monroe attended the work session. He perceived that discussion did not directly appertain to Amcamhly rnnnarnc, PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. Regular Assembly Meeting Volume XVII July 15, 1993 Page 19 A. Ordinance No. 93 -48 Providing for the Submission ORDINANCE to the Qualified Voters of the Kodiak Island NO. 93 -48 Borough the Question of the Issuance of Nine Million Seven Hundred Thousand Dollars ($9,700,000) of General Obligation Bonds of the Kodiak Island Borough to Pay the Costs of School and Related Capital Improvements in the Kodiak Island Borough at an Election in and for the Kodiak Island Borough on October 5, 1993. Presented for consideration was Ordinance No. 93 -48 which, if adopted, incurred general bond indebtedness to pay costs of planning, designing, acquiring, installing and constructing school and related capital improvements in the Borough. AUSTERMAN, moved to adopt seconded by FITZJEARL Ordinance No. 93 -48. Mayor Selby explained that $8.5 million was allocated to new school construction and $1.2 million to remodel and expand Ouzinkie School. He said state law provided 70 percent reimbursement from the State of Alaska. A debt service of $2.9 million over 20 years represented .32 mills, but he anticipated interest earnings on the debt service fund would repay bonded indebtedness. He contended that school district needs were critical and net impact to community minimal. Presiding Officer McFarland opened the public hearing. John Witteveen, Superintendent of Schools, concurred with the comments of Mayor Selby. He appreciated the Assembly's willingness to consider an ordinance to place the question on the ballot. He said the bond proposition was timely in that growth in student population was respective of overall population growth in Kodiak. He said the Ouzinkie School was not experiencing a student population growth situation but the building needed significant upgrading and refurbishing. He felt it was important the public become aware of school needs. At questions raised by Assemblymember Austerman, C,.nuri ntanrinnt Lli ttcc,nun nvnl a i nerl that the nri ni na l Ouzinkie School structure had several additions and five separate furnaces. He said there was a large crack in the gymnasium peak and anticipated an extensive remodel that included repairing the asphalt roof and expanding instructional space. Regular Assembly Meeting Volume XVII July 15, 1993 Page 20 FITZJEARL, seconded by AUSTERMAN VOTE ON MOTION TO AMEND 1 Presiding Officer McFarland closed the public hearing and reconvened the regular meeting. Assemblymember Monroe was rewarded by discussion of school district concerns and felt the bond proposition was beneficial to Kodiak. Assemblymember Austerman was obvious of the need to continue with expansion of the school system. He was pleased that Ouzinkie School was on the bond as it was the last remaining village school that needed refurbishing and rebuilding. moved to amend Ordinance No. 93 -48 in Section 5 by adding the words: "1 and" after the word: "Section" and before the word: "2 ". Ayes: Fitzjearl, Monroe, Austerman, McFarland Noes: None Absent: Gould, Hancock, Milligan MOTION CARRIED Unanimous Assemblymember Fitzjearl favored the ordinance and encouraged public attention to information coming out in the next few months. Presiding Officer McFarland appreciated input from the school board, Mayor Selby and staff. He referred to passage of the bond proposition as preventative mechanics toward a future goal. He noted the importance of maintaining a working system by completely utilizing existing buildings /facilities. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Austerman, Fitzjearl, Menrnn _ MnParl ane Noes: None Absent: Gould, Hancock, Milligan MOTION CARRIED Unanimous Regular Assembly Meeting Volume XVII July 15, 1993 Page 21 B. Ordinance No. 93 -49 Providing for the Submission ORDINANCE to the Qualified Voters of the Kodiak Island NO. 93 -49 Borough the Question of the Issuance of Nine Million Five Hundred Thousand Dollars ($9,500,000) of General Obligation Bonds of the Kodiak Island Borough to Pay the Costs of Hospital and Related Capital Improvements in the Kodiak Island Borough at an Election in and for the Kodiak Island Borough on October 5, 1993. Presented for consideration was Ordinance No. 93 -49 which, if adopted, incurred general bond indebtedness to pay costs of planning, designing, acquiring, installing and constructing hospital and related capital improvements in the Kodiak Island Borough. MONROE, moved to adopt seconded by AUSTERMAN Ordinance No. 93 -49. Mayor Selby gave an overview of cost sharing with the State of Alaska to complete the $18 million hospital renovation and expansion. He said the scheduled issuance of funds covered a three year period. He outlined the obligation of Kodiak taxpayers to repay the bond indebtedness. Presiding Officer McFarland opened the public hearing. Ken Schmidt, Kodiak Island Hospital ancillary services director, read a letter from Ed Myers, hospital administrator, stating the hospital was not in line with the current transition in health care. Mr. Myers also wrote that the cost to taxpayers and cost of materials would never be lower. Mr. Schmidt supported Mr. Myers' comments and noted that he and management team members from the hospital were available to answer questions. Betty Springhill, Hospital Advisory Board chairperson, appreciated Kodiak Daily Mirror reporter John Pfeifer's succinct summary of the bond propositions and encouraged the public to read the article. She agreed that additional school instructional space was needed. She understood the Hnanita1 DA Unn rnmmittco nnnnerna anti aavnnatoA educating voters on the need for bonding. Hans Tschersich, Kodiak Island Hospital physician and radiologist, moved to Kodiak four years ago and at the time was assured that a new hospital would be built. He referred to working at the hospital as "working in the trenches ". He said the x -ray Regular Assembly Meeting Volume XVII July 15, 1993 Page 22 FITZJEARL, seconded by AUSTERMAN 1 A department was decentralized and patient care was compromised due to lack of patient privacy. He stated that since the mammography and ultra -sound units shared space, only one unit could be used at a time, causing patients, some critically ill, to wait several hours for services. He was ashamed of the hospital after visiting a spacious, well - equipped hospital in a small community in southern Mexico and asserted that a desirable facility was important to patient well- being. He said that financial problems caused the elimination of one position, creating morale problems, and there was concern that other well - qualified staff may leave. Presiding Officer McFarland and Dr. Tschersich discussed the hospital conceptual plan. Norm Wooten, 25 -year Kodiak resident, felt it was important that the hospital fulfill the needs of the community. He was aware of the difficulty to secure funds from the state and supported the bond proposition. He had misgivings about building a new hospital and commended the Assembly for examining alternatives. He gave wholehearted support to the conceptual plan. Presiding Officer McFarland closed the public hearing and reconvened the regular meeting. Assemblymember Austerman had served on the Hospital Advisory Board and was aware of hospital conditions. He concurred with Mr. Myers' comment that the hospital was a dying facility. He felt renovation was the best option and advocated voter education. moved to amend Ordinance No. 93 -49 in Section 5 by adding the words: "1 and" after the word: "Section" and before the word: "2" VOTE ON MOTION TO AMEND Ayes: Austerman, Monroe, Fitzjearl, McFarland Nnoa• Nnnn Absent: Gould, Hancock, Milligan MOTION CARRIED Unanimous Regular Assembly Meeting Volume XVII July 15, 1993 Page 23 Assemblymember Fitzjearl felt the bond propositions addressed Kodiak infrastructure needs. She related that the hospital and schools were over - crowded and encouraged voter education. Assemblymember Monroe felt Kodiak citizens deserved first -rate health facilities and elicited voter support. Presiding Officer McFarland was relieved that emergency hospital services were available for his daughter this evening. As a member of the Assembly, he was compelled to represent Kodiak citizens by providing adequate services. He contended that the hospital was a minimal -use facility and potential liability. He maintained that the Borough had excellent bonding capacity, for which he commended Mayor Selby and Finance Director Karl Short. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Fitzjearl, Monroe, Austerman, McFarland Noes: None Absent: Gould, Hancock, Milligan MOTION CARRIED Unanimous C. Ordinance No. 93 -50 Placing the Question of ORDINANCE Extending the Womens Bay Service Area on the NO. 93 -50 October 5, 1993 Ballot. Presented for consideration was Ordinance No. 93 -50 which, if adopted, extended Womens Bay Service Area to include the portion of Sargent Creek Road which extends from the end of Birch Circle toward Jack and Lee Lakes. FITZJEARL, moved to adopt seconded by MONROE Ordinance No. 93 -50. Mayor Selby explained that the ordinance resulted from a contract to provide road service to three ho within district d L_ _d .. fain ..4SC service YSA Yl S%.. C.i CAACLL by a road outside the service district. Presiding Officer McFarland called for public testimony; hearing and seeing none, he reconvened the regular meeting. Regular Assembly Meeting Volume XVII July 15, 1993 Page 24 Noes: None It was noted that the Alaska Statute referenced in the ordinance was incorrect. AUSTERMAN, seconded by FITZJEARL VOTE ON MOTION TO AMEND fl 1 S , moved to amend Ordinance No. 93 -50 Section 5 by replacing the words: "AS 29.38.050" with the words: "AS 29.35.330 ". Ayes: Fitzjearl, Monroe, Austerman, McFarland Absent: Gould, Hancock, Milligan MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Monroe, Austerman, Fitzjearl, McFarland Noes: None Absent: Gould, Hancock, Milligan MOTION CARRIED Unanimous D. Ordinance No. 93 -10A Amending Ordinance No. 93 -10 Fiscal Year 1994 Budget (Coastal Management Grant Receipt) Presented for consideration was Ordinance No. 93 -10A which, if adopted, accepted State of Alaska grant funds to implement the Kodiak Island Borough Coastal Management Program and revise the Kodiak Island Borough Coastal Management Plan. MONROE, moved to adopt seconded by AUSTERMAN Ordinance No. 93 -10A. Mayor Selby reported the coastal management grant funds were in the amount of $56,150 and that $32,000 was allocated to complete phase II of the rural development study. He anticipated completion of the study by Spring, 1994. ORDINANCE NO. 93 -10A Regular Assembly Meeting Volume XVII July 15, 1993 Page 25 Presiding Officer McFarland called for public testimony; hearing and seeing none, he reconvened the regular meeting. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: None Gould, Hancock, Milligan MOTION CARRIED Unanimous 7 Austerman, Fitzjearl, Monroe, McFarland E. Ordinance No. 93 -52 Rezoning 97.3 Acres of Land ORDINANCE • Comprising the Larsen Bay Airport From R1 -- NO. 93 -52 Single - Family Residential To LI- -Light Industrial. (Generally Located Near the City of Larsen Bay on the West Side of Kodiak Island) Presented for consideration was Ordinance No. 93 -52 which, if adopted, rezoned land consistent with the objectives of the 1984 Larsen Bay Comprehensive Plan. FITZJEARL, moved to adopt seconded by MONROE Ordinance No. 93 -52. Mayor Selby said the rezone brought the airport into compliance with the zoning code. Presiding Officer McFarland called for pubic testimony; hearing and seeing none, he reconvened the regular meeting. It was noted there were 12 public hearing notices mailed and one returned favoring. VOTE ON MOTION TO ADOPT Ayes: Fitzjearl, Monroe, Austerman, McFarland Nop_s • unne Absent: Gould, Hancock, Milligan MOTION CARRIED Unanimous Regular Assembly Meeting Volume XVII July 15, 1993 Page 26 OLD BUSINESS A. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported that staff was working on fiscal year 1993 closure and fiscal year 1994 onset. He noted that non profit checks were being prepared and the Engineering /Facilities Department was busy with the construction season at a peak. He had discussion with Department of Transportation and Public Facilities (DOT /PF) Commissioner Campbell regarding distribution of federal highway funds and understood the inclination was to distribute funds based on a statewide priority basis. He said that was bad news because Kodiak had a low population base and was lower on the priority list. He said the release of funds approved by the legislature for the Mill Bay Road Phase II, Karluk beach access road and Old Harbor airstrip projects were discussed. He said that because men and equipment were in Karluk and Old Harbor, transportation and mobilization costs were less. He was not encouraged by the conversation. He anticipated completion of the resurface of Rezanof Drive from the "Y" to the intersection of Mill Bay Road by the end of summer. He continued to watch progress of the Marine Mammals Protection Act that was in the hearing process. He was optimistic that the final out -come would be favorable to the fishing industry. He reported that AML investment pool funds exceeded $30 million and recent interest returns were better than all but one of the national mutual funds in the country. He said additional municipalities were joining and noted that the concept of the pool to maximize return as a group of investors was paying off. Kodiak Island Borough Assembly Meeting Minutes of May 20, 1993. The motion to approve the Kodiak Island Borough Assembly minutes of May 20, 1993 was before the Assembly. Assemblymember Fitzjearl made the motion to postpone approval of the May 20, and June 17, 1993 minutes at the July 1, 1993 regular meeting. She accepted staff review of the minutes and favored Assembly approval. MESSAGES FP MAYOR OLD BUSINESS ASSEMBLY MINUTES OF MAY 20, 1993 Regular Assembly Meeting Volume XVII July 15, 1993 Page 27 Noes: None r VOTE ON MOTION TO APPROVE Ayes: Monroe, Austerman, Fitzjearl, McFarland Absent: Gould, Hancock, Milligan MOTION CARRIED Unanimous B. Kodiak Island Borough Assembly Meeting Minutes ASSEMBLY MINUTES of June 17, 1993. OF JUNE 17, 1993 The motion to approve the Kodiak Island Borough Assembly minutes of June 17, 1993 as corrected was before the Assembly. VOTE ON MOTION TO APPROVE Ayes: Austerman, Fitzjearl, Monroe, McFarland Noes: None Absent: Gould, Hancock, Milligan MOTION CARRIED Unanimous NEW BUSINESS A. BID AWARDS 1. Contract No. 93 -33 Strapping Wire for Kodiak Island Borough Baler Facility. MONROE, seconded by AUSTERMAN VOTE ON MOTION TO AWARD moved to award Contract No. 93 -33 to Davis Wire Corporation of Kent, Washington in an amount not to exceed $16,736. Mayor Selby explained this was an operating expense fnr the anneal supply of do nnn p o nds of strappi wire. He said Davis Wire Corporation submitted the lower of two bids received. Ayes: Fitzjearl, Monroe, Austerman, McFarland NEW BUSINESS BID AWARDS CONTRACT NO. 93 -33 Regular Assembly Meeting Volume XVII July 15, 1993 Page 28 Noes: None Absent: Gould, Hancock, Milligan MOTION CARRIED Unanimous 2. Contract No. 93 -35 Kodiak Island Hospital CONTRACT Boiler Replacement Project, 1993. NO. 93 -35 FITZJEARL, moved to award seconded by AUSTERMAN Contract No. 93 -35 to Criterion General, Inc. of Anchorage, Alaska in an amount not to exceed $142,725. Mayor Selby explained that four bids were received and the original low bidder, Alaska Mechanical of Anchorage, was rejected as non - responsive because bid proposal specifications were not met. He referred to a letter from Steve Hobgood, Engineering /Facilities Director, that detailed the rejection. In response to questions raised by Assemblymember Austerman, Mayor Selby cited that contract funds were from interest earnings on the major maintenance fund and Borough capital projects fund. VOTE ON MOTION TO AWARD Ayes: Monroe, Austerman, Fitzjearl, McFarland Noes: None Absent: Gould, Hancock, Milligan MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 93 -19 Urging the RESOLUTION Legislature, the Governor, and the NO. 93 -19 Commissioner of the Department of m -.. ...... L and n.. L 1 r LL all.1Y/VL Il Implement, Without Further Delay, the Proposed Provision that Thirty -Five Percent (35 %) of the Total Intermodal Surface Transportation Efficiency Act of 1991 Funds Received by the State of Alaska Be Used to Fund the Borough Transportation Program. Regular Assembly Meeting Volume XVII July 15, 1993 Page 29 Presented for consideration was Resolution No. 93 -19 which, if adopted, urged support in securing funds for building and rebuilding adequate roads in rural Alaska. AUSTERMAN, moved to adopt seconded by FITZJEARL Resolution No. 93 -19. Mayor Selby stated the resolution was the result of tri- borough meetings that he and Presiding Officer McFarland attended. He noted that Lake & Peninsula Borough and Kenai Peninsula Borough adopted similar resolutions urging the distribution of ISTEA funds according to federal guidelines. Assemblymember Austerman stressed the importance of the resolution and urged endorsement by all rural communities to ensure that roads were repaired. Assemblymember Monroe was frustrated with delays. Presiding Officer McFarland agreed that the consensus of representatives attending the meeting was to distribute funds to communities to complete projects. VOTE ON MOTION Ayes: Noes: None Austerman, Fitzjearl, Monroe, McFarland Absent: Gould, Hancock, Milligan MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS 1. Contract No. 93 -34 Bond Counsel for CONTRACT Proposed Issuance of Kodiak Island Borough NO. 93 -34 1993 General Obligation School and Hospital °ond°. FITZJEARL, seconded by MONROE moved to approve Contract No. 93 -34 with Wohlforth, Argetsinger, Johnson & Brecht of Anchorage, Alaska. ORDINANCES FOR INTRODUCTION OTHER ITEMS Regular Assembly Meeting Volume XVII July 15, 1993 Page 30 Mayor Selby explained that the firm had provided excellent service to the Borough for 14 years. He said payment for services was a bond closing cost and if voters failed to approve the bond proposition, there was no expense. He explained that the firm assisted in preparing the bond ordinances at no charge. VOTE ON MOTION TO APPROVE Ayes: Fitzjearl, Monroe, Austerman, McFarland Noes: None Absent: Gould, Hancock, Milligan MOTION CARRIED Unanimous INFORMATIONAL INFORMATIONAL MATERIALS (No Action Required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Kodiak Island Borough School District Regular Meeting of May 24, 1993 and Special Meeting of June 7, 1993. B. REPORTS REPORTS 1. Kodiak Island Borough June 1993 Financial Report. 2. Community Development Department May 1993 Status Report. 3. Kodiak Island Borough School District May 1993 Financial Report. C. OTHER OTHER None. CITIZEN COMMENTS CITIZEN COMMENTS None. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Austerman requested a staff report from Bud Cassidy, resource manager, on Borough -owned property in Monashka Bay to aid in formulating a land -use plan and possible disposal. Regular Assembly Meeting July 15, 1993 Volume XVII Page 31 Although Assemblymember Fitzjearl did not favor a tax increase, the need for better hospital facilities and additional school space outweighed her feelings. At questions raised by Assemblymember Fitzjearl, Mayor Selby reported that the General Metals barge left Kodiak with over 4,500 tons of metal, 500 tons more than the target weight that made the metal removal program financially feasible. He said a second barge was needed and spoke with General Metals about working with other island communities. Assemblymember Fitzjearl proposed that the Presiding Officer express condolences to those who lost family members. Presiding Officer McFarland appreciated staff and Assemblymembers Austerman and Monroe for their efforts on rural development issues. He conveyed to Linda Freed, Community Development Department Director, the need to incorporate staff and Planning and Zoning Commission views. He gave a synopsis of Hospital Ad Hoc Committee discussion and appreciated concerns expressed. He proposed acquiring direction from Kodiak Marketing and Consulting regarding hospital and education issues. Presiding Officer McFarland announced the Assembly would meet in work session on July 29 at 7:30 pm in the conference room and regular meeting August 5 at 7:30 pm in the assembly chambers. The joint assembly /council work session scheduled for Tuesday, July 20, was cancelled. EXECUTIVE SESSION FITZJEARL, seconded by MONROE VOTE ON MOTION TO RECESS Ayes: Noes: Absent: MOTION CARRIED moved to recess into executive session to discuss union negotiations. Monroe, Austerman, Fitzjearl. McFarlanA None Gould, Hancock, Milligan Unanimous EXECUTIVE SESSION Regular Assembly Meeting Volume XVII July 15, 1993 Page 32 The Presiding Officer recessed the regular meeting to executive session at 9:10 p.m. The Presiding Officer reconvened the regular meeting at 9:44 p.m. Assemblymember Austerman summarized Assembly discussion regarding the union. AUSTERMAN, seconded by MONROE VOTE ON MOTION TO APPOINT Ayes: Noes: Absent: MOTION CARRIED Borough Clerk Approved: 08/05/93 1 AUSTERMAN, seconded by FITZJEARL VOTE ON MOTION TO ADJOURN I4 moved to appoint Assemblymembers Jack McFarland, Mary Monroe, Betty Fitzjearl, Gordon Gould (alternate), Alan Austerman (alternate) and Mayor Jerome Selby, with Finance Director Karl Short as staff support, to a team to negotiate with union employees. Austerman, Fitzjearl, Monroe, McFarland None Gould, Hancock, Milligan Unanimous moved to adjourn. MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 9:45 p.m. Presid na Offic r ATTEST: ( J J UNION NEGOTIATING TEAM APPOINTMENT ADJOURNMENT Regular Assembly Meeting Volume XVII July 15, 1993 Page 33