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1993-08-19 Regular Meetinga RODIAR ISLAND BOROUGH Regular Assembly Meeting August 19, 1993 A regular meeting of the Kodiak Island Borough Assembly was held August 19, 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 invocation was given by Envoy Craig Fanning of the Salvation Army, followed by the Pledge of Allegiance. There were present: ROLL CALL Gordon Gould, Presiding Alan Austerman Betty Fitzjearl Mike Milligan Mary Monroe absent: Jack McFarland (out -of -town) Suzanne Hancock (out -of -town) comprising a quorum of the Assembly; and Linda Freed, Acting Mayor Donna Smith, Borough Clerk Assemblymember McFarland was out -of -town on business and asked to be excused. MONROE, moved to excuse seconded by FITZJEARL Assemblymember McFarland. VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote Assemblymember Hancock was vacationing out -of -town and asked to be excused. FITZJEARL, moved to excuse seconded by MONROE Assemblymember Hancock. VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote REGULAR MEETING Regular Assembly Meeting Volume XVII August 19, 1993 Page 48 APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL O" AGENDA ANC FITZJEARL, moved to approve agenda CONSENT AGENDA seconded by AUSTERMAN and consent agenda. Clerk Smith read the items for consideration under "Consent Agenda ". . VOTE ON MOTION TO APPROVE Ayes: Austerman, Fitzjearl, Monroe, Gould Noes: None Absent: Hancock, Milligan, McFarland MOTION CARRIED Unanimous It was noted that Assemblymember Milligan arrived at 7:35 p.m. APPROVAL OF MINUTES APPROVAL OF MINUTES None. AWARDS AND AWARDS AND PRESENTATIONS PRESENTATIt None. CITIZENS' COMMENTS CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Pat Szabo, Planning and Zoning Commissioner, reported that action on rural development zoning and conservation zoning rewrites was postponed. She wa rk ...... Sc eiie� nYG ¢ AvYA i , w iz oia, 1, 1793 u , anu public hearing at the regular meeting on September 15, 1993 on the rewrites. She hoped the Assembly would be in attendance. Assemblymember Fitzjearl attended the school and hospital bonds marketing committee meeting. She reported that informational data was being assembled. Regular Assembly Meeting Volume XVII August 19, 1993 Page 49 She announced the next meeting to be August 24, 1993 at 7:00 p.m. in the borough conference room. Assemblymember Austerman missed the Planning and Zoning Commission regular meeting but attended the work session. He heard very good discussion on the rural development rezone rewrite. His concern was that others, particularly setnetters, needed to contribute information and was pleased the rewrite hearings were postponed to give them a chance to testify. 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 -10D Amending Ordinance ORDINANCE No. 92 -10 Fiscal Year 1993 Budget. NO. 92 -10D Presented for consideration was Ordinance No. 92 -10D which, if adopted, accepted $45,455 from the State of Alaska, Department of Community and Regional Affairs, for the fiscal year 1993 Day Care Assistance Award. FITZJEARL, moved to adopt seconded by MONROE Ordinance No. 92 -10D. Acting Mayor Freed said the adjustment was to the fiscal year 1993 budget for additional funds received from the State of Alaska for the day care assistance program managed by the Kodiak Island Borough. Deputy Presiding Officer Gould 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: Fitzjearl, Milligan, Monroe, Austerman, Gould Noes: None Absent: McFarland, Hancock MOTION CARRIED Unanimous B. Ordinance No. 93 -60 Amending Title 7 Elections ORDINANCE of the Kodiak Island Borough Code of Ordinances. NO. 93 -60 Regular Assembly Meeting Volume XVII August 19, 1993 Page 50 In Presented for consideration was Ordinance No. 93 -60 which, if adopted, amended Section 7.50.050 Absentee Voting by Mail and Section 7.60.010 Election Pamphlet of the Kodiak Island Borough Code in accordance with Alaska Statutes. FITZJEARL, moved to adopt seconded by MONROE Ordinance No. 93 -60. Acting Mayor Freed explained that adding the words "to the close of business" brought the wording in line with Alaska Statutes wording on absentee voting. She defined the savings of $2,500 that could be realized with the printing and mailing of election pamphlets to every registered voter household rather than every registered voter. Deputy Presiding Officer Gould called for public testimony; seeing and hearing none, he reconvened the regular meeting. Assemblymember Milligan hoped the public understood that election pamphlets were also available at the Borough offices. FITZJEARL, moved to amend seconded by AUSTERMAN Ordinance No. 93 -60 Section 2 by defining one week as seven (7) calendar days. Clerk Smith was asked for a staff report. She said that adding the words "seven calendar days" defined one week and also brought the code in line with Alaska Statutes wording. VOTE ON MOTION TO AMEND Ayes: Ayes: Milligan, Monroe, Austerman, Fitzjearl, Gould Noes: None Absent: Hancock, McFarland MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Monroe, Austerman, Fitzjearl, Milligan, Gould Regular Assembly Meeting Volume XVII August 19, 1993 Page 51 1 Noes: None Absent: Hancock, McFarland MOTION CARRIED Unanimous C. Ordinance No. 93 -10B Amending Ordinance ORDINANCE No. 93 -10 Fiscal Year 1994 Budget. NO. 93 -10B. Presented for consideration was Ordinance No. 93 -10B which, if adopted, decreased the Subsidy and Administrative Revenue budget line items in the Day Care Assistance Fund by $13,032. MONROE, moved to adopt seconded by FITZJEARL Ordinance No. 93 -10B. Acting Mayor Freed responded to the request for a staff report by stating that the actual fiscal year 1994 grants received from the State of Alaska, Department of Community and Regional Affairs were less than anticipated. Deputy Presiding Officer Gould called for public testimony; hearing and seeing none, he reconvened the regular meeting. Assemblymember Fitzjearl asked staff if the reduction in grant monies reduced services. Acting Mayor Freed responded that no services were reduced but participation time may be reduced. Assemblymember Monroe noted that numerous adjustments were made at year -end with day care assistance grants. VOTE ON MOTION TO ADOPT Ayes: Austerman, Fitzjearl, Milligan, Monroe, Gould Noes: None Absent: Hancock, McFarland MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Acting Mayor Freed spoke of the notice announcing hearings for the Akhiok annexation by the Local Boundary Commission in Akhiok on October 1, 1993, at 2:30 p.m. and in Kodiak on October 1, 1993, at 8:00 p.m. She said copies of the annexation request and Regular Assembly Meeting Volume XVII August 19, 1993 Page 52 1 4 5 ° 4 the Local Boundary Commission response were available in the Community Development Department office. She announced that Senator Stevens was chairing hearings on the Magnusen Act re authorization on Friday, August 20, 1993, at 9:00 a.m. in the Kodiak High School Auditorium. She confirmed the meeting between Secretary of the Interior Bruce Babbitt and Kodiak Island elected officials on Saturday, August 21, at 10:30 a.m. in the assembly chambers. She needed confirmation from the Assembly on who would attend. She added that Senator Fred Zharoff and Representative Cliff Davidson would attend the meeting. OLD BUSINESS None. NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Contract No. 93 -44 Mission Road /Spruce Cape CONTRACT Road Water and Sewer Replacement Project. NO. 93 -44 FITZJEARL, moved to postpone seconded by MILLIGAN action on Contract No. 93 -44 to the next Acting Mayor Freed said staff was recommending postponement because Service District No. 1 Board members had not had the opportunity to review the contract and submit a recommendation. She announced that Service District No. 1 Board members would meet on August 31, 1993. VOTE ON MOTION TO POSTPONE Ayes: regular meeting on September 2, 1993, for further information and recommendation from the Service District No. 1 Board. Fitzjearl Milligan Monroe, Austerman, Gould Noes: None Absent: Hancock, McFarland OLD BUSINESS Regular Assembly Meeting Volume XVII August 19, 1993 Page 53 MOTION CARRIED Unanimous 2. Contract No. 93 -45 Kodiak Island Borough Road Signs Project. FITZJEARL, moved to award seconded by AUSTERMAN Contract No. 93 -45 to Anderson Construction of Kodiak, Alaska in an amount not to exceed $17,000. Acting Mayor Freed said there was $20,000 in the budget to reinstall 51 missing road signs within the Borough's road system. Assemblymember Fitzjearl talked with John Witteveen, Superintendent of Schools, about the wood shop class at Kodiak High School making signs as a project. After discussion, the Assembly asked that this be a topic for a future work session agenda. VOTE ON MOTION TO AWARD Ayes: Milligan, Monroe, Austerman, Fitzjearl, Gould Noes: None Absent: Hancock, McFarland MOTION CARRIED Unanimous 3. Contract No. 93 -46 Peterson Elementary School Asbestos Abatement Project. AUSTERMAN, moved to award seconded by MONROE Contract No. 93 -46 to RESTEC Contractors, Inc. of Redmond, Washington in an amount not to exceed $167,674. Acting Mayor Freed explained that the asbestos was removed before preparations for the remodel of the school. Assemblymember Fitzjearl asked who was responsible for disposal of the asbestos. As a result of further discussion, Deputy Presiding Officer Gould recessed the meeting at 8:00 p.m. to allow Acting Mayor Freed to research the question. CONTRACT NO. 93 -45 CONTRACT NO. 93 -46 Regular Assembly Meeting Volume XVII August 19, 1993 Page 54 At 8:08 p.m., Deputy Presiding Officer Gould reconvened the regular meeting. Assemblymember Austerman found the contractor was responsible for encapsulating the material in bags or sealed vehicles to transport to the landfill for disposal and that disposal fees were waived by the Borough. Deputy Presiding Officer Gould thought the information from staff was sketchy. He requested summaries of work programs in the agenda packet. Assemblymember Austerman agreed and added that bid documents should be available at assembly meetings for reference. VOTE ON MOTION TO AWARD Ayes: 6 Noes: Absent: MOTION CARRIED B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION Monroe, Austerman, Fitzjearl, Milligan, Gould None. Hancock, McFarland Unanimous 1. Ordinance No. 93 -10C Amending Ordinance No. 93 -10 Fiscal Year 1994 Budget. (State Municipal Grant for Hospital Repairs) Presented in first reading was Ordinance No. 93 -10C which, if adopted, accepted State of Alaska Department of Administration municipal grant funds in the amount of $275,000. This item was advanced to public hearing on September 2, 1993 under "Consent Agenda ". D. OTHER ITEMS 1. Citizens Board of Equalization Member Resignation. AUSTERMAN, moved to accept the seconded by MONROE resignation of Thomas RESOLUTIONS ORDINANCES FOR INTRODUCTION ORDINANCE NO. 93 -10C OTHER ITEMS BOE MEMBER RESIGNATION Regular Assembly Meeting Volume XVII August 19, 1993 Page 55 AUSTERMAN, seconded by FITZJEARL Peterson from the Citizens Board of Equalization. Acting Mayor Freed said the term expired December, 1993, and because the Board met annually, it was recommended to fill the vacancy in December. • VOTE ON MOTION TO ACCEPT Ayes: Austerman, Fitzjearl, Milligan, Monroe, Gould Noes: None. Absent: McFarland, Hancock, MOTION CARRIED Unanimous P & Z 2. Planning & Zoning Commissioner Resignation. COMMISSIONER RESIGNATION moved to accept the resignation of Thomas Peterson from the Planning and Zoning Commission. Acting Mayor Freed stated that advertising for the vacant seat would start immediately. She said that Mayor Selby would review the applications and select a member for the Assembly's confirmation. Assemblymember Monroe appreciated the services of Tom Peterson on boards and commissions. She wished him well. Assemblymember Austerman echoed previous comments and added that Mr. Peterson was a valuable representative of the Division of Community and Regional Affairs. He added that Mr. Peterson was a former mayor of the Kodiak Island Borough and served on many committees as well. He asked that a letter thanking Mr. Peterson be sent. VOTE ON MOTION TO ACCEPT Aves: Fitzjearl Milligan Monroe, Austerman, Gould Noes: None Absent: Hancock, McFarland Regular Assembly Meeting Volume XVII August 19, 1993 Page 56 MOTION CARRIED A. MINUTES OF OTHER MEETINGS t 4 Unanimous INFORMATIO. INFORMATIONAL MATERIALS (No action required) MATERIALS 1. Mental Health Center Advisory Board Regular Meeting of May 24, 1993 and Work Session Notes of May 24, 1993. 2. Monashka Bay Road Service District Meeting of May 26, 1993. B. REPORTS REPORTS 1. School District Revenue Report for June 1993. 2. Kodiak Island Borough July 1993 Financial Report. C. OTHER OTHER None. CITIZEN COMMENTS CITIZEN COMMENTS None ASSEMBLYMEMBER COMMENTS ASSEMBLYMEN. COMMENTS Assemblymember Milligan spoke to the affect the recent dry spells had on rivers and the tens of thousands of fish in the bays. He thought it was beneficial to get local people involved and interested in replacing public property such as the road signs. Assemblymember Monroe reported on the meetings to discuss the information campaign for the school and hospital bond propositions. She announced that members of the Assembly would address service organizations. She wanted voters to come forward and ask questions. MINUTES OF OTHER MEETINGS Assemblymember Austerman stated there was one rural development rezone request before the Planning and rnm,4e an 7an4n, e 4 rr .' ..r r...u.�rr He described the fishing at Mill Bay Beach and Mission Beach as phenomenal. He thanked the Department of Fish and Game for their efforts in providing this type of fishing to the community. Regular Assembly Meeting Volume XVII August 19, 1993 Page 57 9 He noted a bid notice for a truck scale. He requested more information from Mayor Selby. Acting Mayor Freed invited the Assembly to view the bid package. Assemblymember Fitzjearl was pleased with the information going out to the public on rural development rezoning. She asked when Peterson Elementary School construction would start. Acting Mayor Freed suggested she call Steve Hobgood, Engineering/ Facilities Director, for information on construction and the local hire question asked by Assemblymember Fitzjearl. Assemblymember Fitzjearl still noticed speeding vehicles in the Bells Flats and Womens Bay areas. She reminded all to please slow down. Deputy Presiding Officer Gould announced the close of the filing period for seats on the assembly, city council, school board and service area boards was Friday, August 27, 1993. He announced he would be out -of -town for the August 26, 1993, work session. Deputy Presiding Officer Gould announced the Assembly would meet in work session on Thursday, August 26, 1993 at 7:30 p.m. in the borough building conference room and regular meeting on Thursday, September 2, 1993 at 7:30 p.m. in the assembly chambers. Assemblymember Fitzjearl announced the Kodiak State Fair and Rodeo was August 21 and 22, 1993 at the rodeo grounds. AUSTERMAN, moved to adjourn. seconded by MONROE VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote There being no fu r th er _ fills tress to rein= t e Assembly, the meeting adjourned at 8:29 p.m. ADJOURNMENT Regular Assembly Meeting Volume XVII August 19, 1993 Page 58 I ATTEST: Borough Cler Approved: 09 /02/93 Regular Assembly Meeting Volume XVII August 19, 1993 Page 59