1993-09-16 Regular MeetingRODIAR ISLAND BOROUGH
Regular Assembly Meeting
September 16, 1993
A regular meeting of the Kodiak Island Borough
Assembly was held September 16, 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:
Jack McFarland,
Alan Austerman
Gordon Gould
Mike Milligan
comprising a quorum of the Assembly; and
Jerome Selby, Mayor
Donna Smith, Clerk
Judi Nielsen, Deputy Clerk
APPROVAL OF AGENDA
GOULD,
seconded by MONROE
VOTE ON MOTION TO APPROVE
Ayes:
Noes:
MOTION CARRIED
APPROVAL OF MINUTES
A. K.I.B. Assembly Meeting
GOULD,
seconded by AUSTERMAN
Presiding
Betty Fitzjearl
Suzanne Hancock
Mary Monroe
moved to approve
agenda as submitted.
Austerman, Fitzjearl,
Gould, Hancock,
Milligan, Monroe,
McFarland
None
Unanimous
of September 2, 1993.
moved to approve
minutes of September 2,
1993.
Regular Assembly Meeting Volume XVII
September 16, 1993 Page 71
REGULAR MEETING
ROLL CALL
APPROVAL OF
AGENDA
APPROVAL OF
MINUTES
VOTE ON MOTION TO APPROVE
Ayes:
Noes:
MOTION CARRIED
AWARDS AND PRESENTATIONS
CITIZENS' COMMENTS
r;
Fitzjearl, Gould,
Hancock, Milligan,
Monroe, Austerman,
McFarland
None
Unanimous
Mayor Selby proclaimed September 17 - 23, 1993 U.S. PROCLAMATION
Constitution Week urging all citizens to study the
Constitution and express gratitude for the privilege
of being an American. Norma Holt, Daughters of the
American Revolution representative, accepted the
proclamation.
A. Agenda Items Not Scheduled For Public Hearing
None.
B. Items Other Than Those Appearing on the Agenda
Martin White, Kodiak Island Borough Mental Health
Center Director, provided an update of activities at
the Center. He reported there were currently 365
open cases with 41 new cases opened in the month of
August. He announced five contracts for services
were renewed, employee assistance program contracts
were renewed, and two contract renewals were pending.
He said staff provided care to those suffering from
chronic mental illness and other mental health
related concerns including marital, health, re-
adjustment and alcohol.
He announced that applications for two clinician
positions were in the review process and anticipated
new employees on board within three months.
He reported that psychotherapy services were being
formed.
He was pursuing obtaining a psychiatrist for the
Island on a full -time basis because of the interest
shown.
He recounted that state capital grants applied for by
the previous Director were awarded and the funds, to
AWARDS AND
PRESENTATIONS
CITIZENS'
COMMENTS
Regular Assembly Meeting Volume XVII
September 16, 1993 Page 72
•
COMMITTEE REPORTS
be distributed within two years, were earmarked to
purchase two new vehicles.
He planned to expend capital improvement funds on
facilities within the next two years.
He was proud to be a part of the Mental Health Center
organization.
Assemblymembers discussed with Mr. White the
philosophy in bringing the Mental Health Center into
the enterprise fund.
Jon Aspgren, Planning and Zoning Commissioner,
reported that the fourth draft on rural development
zoning and conservation zoning was complete. He
noted that representatives from setnetters, Natives
of Kodiak and Akhiok - Kaguyak, Inc. favored the draft.
He announced that all mobile home parks were rezoned
to R3- Multifamily Residential and the amortization
clause was removed.
He said the Commission forwarded information to the
Assembly on the Waldo's /O. Kraft and Son, Inc.
Subdivision. He noted that although the property is
owned by the property owner, the problem was the
abutting residential neighborhood.
He said Lakeside Subdivision and the proposal from
Kodiak Island Housing Authority was scheduled for
discussion at the October 6, 1993 Commission work
session.
Assemblymember Fitzjearl reported that union
negotiation meetings were conducted as scheduled.
Assemblymember Milligan attended the recent Cook
Inlet Regional Citizens Advisory Council meeting in
Kodiak. He felt that increased drilling interest
shown by Arco and smaller oil companies was because
of the sunfish discovery. He said Council discussion
included burning oil, impacts from hydrocoustic
testing and impacts on smolt. He reported that 17
different species of fish were documented in Cook
Inlet. He thanked those members of the community who
attended the meeting.
PUBLIC HEARING PUBLIC HEARING
None.
COMMITTEE
REPORTS
Regular Assembly Meeting Volume XVII
September 16, 1993 Page 73
MESSAGES FROM THE BOROUGH MAYOR MESSAGES FRnm
MAYOR
Mayor Selby announced the Akhiok annexation hearing
scheduled October 1, 1993 at 8:00 p.m. in the
assembly chambers.
He reported that the Kodiak Island Transportation
System (KITS) Committee was scheduled to meet with
the Assembly and City Council on September 27, 1993
at 2:00 p.m. in the assembly chambers to prioritize
Kodiak roads needs.
He announced that he and members of the Assembly
would attend the Southwest Alaska Municipal
Conference in Unalaska September 17 - 19, 1993.
He anticipated discussion on the joint CIP list at
the next joint Assembly /Council work session.
He predicted the $1.5 million from the Exxon Valdez
Trust would be released soon.
He announced the next meeting of mayors and Governor
Hickel is to discuss needs of communities.
He reported examining selected beaches in Prince
William Sound oiled during the 1989 oil spill. He
was pleased that one beach hit hard by the spill was
very clean. He noted that the beach was cleaned
seven to eight times and then mother nature cleaned
the remainder. He said that although some areas were
not clean, there was marine growth and improvement.
He said scientists told that 80 to 90 percent of oil
was taken care of by mother nature.
He thanked Captain Barrett and Coast Guard personnel
for assisting with the Peterson Elementary School
temporary playground.
He reported that Bob Brock, Minerals Management
Service representative, was in Kodiak to discuss
Lease Sale 149 and dates for public meetings.
He reminded voters of the October 5, 1993 municipal
election and encouraged voters to become informed on
all issues.
OLD BUSINESS OLD BUSINESS
A. Contract No. 93 -47 Collection and Disposal of CONTRACT
Garbage and Refuse Agreement. NO. 93 -47
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September 16, 1993 Page 74
AUSTERMAN,
seconded by FITZJEARL
moved to approve
Contract No. 93 -47 with
Kodiak Sanitation, Inc.
of Kodiak, Alaska.
Mayor Selby enumerated the several revisions to the
contract.
Assemblymember Austerman prefaced his statement by
saying he would not vote for the contract because he
felt the contract should go out to bid, especially
since the contract was rewritten.
At questions raised, Mayor Selby explained that a fee
increase brought the tipping fees to $233,000 and a
cap of $240,000 was agreed on.
Assemblymember Austerman felt that the agreement to
recycle was positive but did not agree with the cap.
Assemblymember Fitzjearl felt the contractor provided
excellent service in the past and the time to go to
bid was the next time the contract was due for
renewal. She emphasized the need to educate the
public about recycling.
At questions regarding an incentive program to
encourage public participation in disposing of
cardboard properly, Mayor Selby stated that with
reduced waste, reduced costs were passed on to the
consumer.
When Assemblymember Gould wanted to explore language
about disposal of hazardous materials, Mayor Selby
explained that the contractor contacted the Borough
environmental engineer to contain and remove toxic
materials found in dumpsters. He noted that the
battery program encouraged the public to dump
batteries at the land fill at no charge.
Assemblymember Gould appreciated the contractor's
agreement to work on contract language and
deemphasize dumpsters. He said there was a need to
move toward a centralized system to reduce tips and
costs.
There was general discussion regarding a cap on
tipping fees.
Assemblymember Monroe was hopeful that the future
would bring reduced costs and reduced waste.
Assemblymember Hancock favored approving the
contract.
Regular Assembly Meeting Volume XVII
September 16, 1993 Page 75
Assemblymember Gould referred to a section of the
contract where re- negotiation was in order if there
was a five percent increase and felt that
renegotiation was also applicable to the cap on
tipping fees.
GOULD,
seconded by MILLIGAN
VOTE ON MOTION TO AMEND
Ayes:
VOTE ON MOTION TO AMEND
Ayes:
Noes: None
VOTE ON MOTION TO APPROVE AS AMENDED
Ayes:
7
moved to amend to add
after the words "both
parties" in Section 6C
the sentence "if the
cap of $240,000 is
exceeded two years in a
row, the borough and
contractor will
re- negotiate the cap ".
During discussion, it was felt by some
Assemblymembers that the cap provided security
against unknown factors.
Gould, Hancock,
Milligan, Monroe,
Fitzjearl, McFarland
Noes: Austerman
MOTION CARRIED 6 Ayes, 1 No
FITZJEARL, moved to amend page
seconded by MONROE ten by adding the word
"increase" after the
word "index ".
Hancock, Milligan,
Monroe, Austerman,
Fitzjearl, Gould,
McFarland
MOTION CARRIED Unanimous
In response to questions, Mayor Selby replied that it
was reasonable to expect the contract to go out to
bid after ten years; therefore, no renewable clause.
Milligan, Monroe,
Fitzjearl, Gould,
Hancock, McFarland
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September 16, 1993 Page 76
Noes:
MOTION CARRIED
MONROE,
seconded by MILLIGAN
VOTE ON MOTION TO AWARD
Ayes:
Noes: None
4 5 i
Austerman
6 Ayes, 1 No
NEW BUSINESS NEW BUSINESS
A. BID AWARDS BID AWARDS
1. Contract No. 93 -49 Kodiak Island Borough CONTRACT
Landfill Truck Scale Project. NO. 93 -49
moved to award
Contract No 93 -49 to
Brechan Enterprises of
Kodiak, Alaska in an
amount not to exceed
$54,985.
Mayor Selby explained that the contract was for
purchase and installation of a truck scale at the
baler /landfill facility and Brechan Enterprises was
the low bidder. He said the scale would be used to
measure recyclable materials for processing and
shipment.
At questions raised, Mayor Selby explained that
maintenance on the scale was performed by the
contractor.
Monroe, Austerman,
Fitzjearl, Gould,
Hancock, Milligan,
McFarland
MOTION CARRIED Unanimous
B. RESOLUTIONS RESOLUTIONS
1. Resolution No. 93 -24 Authorizing the Kodiak RESOLUTION
Island Borough to Participate in the NO. 93 -24
National Cnmtniunity Progr
the 50th Anniversary of World War II.
(1991 -1995)
Presented for consideration was Resolution No. 93 -24
which, if adopted, authorized the Kodiak Island
Borough to participate in activities honoring the
Regular Assembly Meeting Volume XVII
September 16, 1993 Pa ;e 77
contributions of veterans of World War II, their
families, and those who served on the home front.
FITZJEARL, moved to adopt
Resolution No. 93 -24.
seconded by GOULD
Mayor Selby thanked Assemblymember Austerman for
bringing attention to the U.S. Department of Defense
five -year program of community activities and funding
assistance to implement the program.
Assemblymember Austerman reported that funds were
available to refurbish Fort Abercrombie. He said the
resolution encouraged veterans to visit Kodiak.
VOTE ON MOTION TO ADOPT
Ayes:
AUSTERMAN,
seconded by MONROE
AUSTERMAN,
seconded by GOULD
Austerman, Fitzjearl,
Gould, Hancock,
Milligan, Monroe,
McFarland
Noes: None
MOTION CARRIED Unanimous
C. ORDINANCES FOR INTRODUCTION
None.
D. OTHER ITEMS
1. Kodiak Island Hospital and Care Center
Equipment Purchases.
moved to approve
equipment purchases for
the Kodiak Island
Hospital and Care
Center in an amount not
to exceed $200,000.
Mayor Selby explained that Edmon Myers, hospital
administrator, requested that the Assembly consider
adding the purchase of a gastroscope to the equipment
list.
moved to amend by
adding the purchase of
a gastroscope in an
amount not to exceed
$13,800.
ORDINANCES FOR
INTRODUCTIr
OTHER ITEMS
HOSPITAL
EQUIPMENT
PURCHASES
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September 16, 1993 Page 78
t1 5
.l
Assemblymember Gould, Hospital Advisory Board
representative, informed the Assembly that the Board
reviewed the equipment list and recommended approval.
There was general discussion on the mechanism in
place to replace non - functional equipment.
VOTE ON MOTION TO AMEND
Ayes:
Fitzjearl, Gould,
Hancock, Milligan,
Monroe, Austerman,
McFarland
Noes: None
MOTION CARRIED Unanimous
VOTE ON MOTION AS AMENDED
Ayes: Gould, Hancock,
Milligan, Monroe,
Austerman, Fitzjearl,
McFarland
Noes: None
MOTION CARRIED Unanimous
2. Appointment of Election Workers for 1993 APPOINTMENT OF
Municipal Election. ELECTION WORKERS
AUSTERMAN,
seconded by GOULD
Noes:
MOTION CARRIED
Regular Assembly Meeting
September 16, 1993
moved to appoint the
individuals who have
consented to serve as
election workers for
the October 5, 1993
municipal election as
named in the memo dated
September 16, 1993.
Assemblymember Milligan appreciated the endeavors of
the Clerk's office. He valued democracy.
VOTE ON MOTION TO APPOINT
Gould, flaSL..uL,k,
Milligan, Monroe,
Austerman, Fitzjearl,
McFarland
None
Unanimous
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Page 79
,; A
C. OTHER
None.
CITIZEN COMMENTS
None.
ASSEMBLYMEMBER COMMENTS
INFORMATIONAL MATERIALS (No action required)
A. MINUTES OF OTHER MEETINGS
None.
B. REPORTS
1. Community Development Department July 1993
Status Report.
Assemblymember Milligan was pleased that high school
students attended Assembly meetings and felt the
students learned about democracy and the
accessibility of government.
He congratulated Mayor Selby on his appointment as
co- chairman of the Arctic Power Board of Directors.
He contended it was a high - profile position and the
appointment was positive for Kodiak.
Assemblymember Hancock reported that police recently
broke up a group of 50 teenagers and suggested
problems along racial lines. She asked that the
racial problem discussion be on the next joint
Assembly /Council work session agenda.
Assemblymember Monroe congratulated Clerk Donna Smith
on receiving her Certified Municipal Clerk (CMC)
designation.
Assemblymember Austerman clarified he did not oppose
the garbage contract because of displeasure at
services provided by the contractor, but because he
felt the need to go out for bid. He appreciated the
moderate temperature of the assembly chambers. He
appreciated those serving as election workers and
extended congratulations to Mayor Selby and Clerk
Smith.
Assemblymember Fitzjearl appreciated the June /July
Community Development Department Status report
pertaining to rural development zoning and felt the
INFORMATIO?
MATERIALS
MINUTES OF OTHER
MEETINGS
REPORTS
OTHER
CITIZEN COMMENTS
ASSEMBLYMEMBER
COMMENTS
Regular Assembly Meeting Volume XVII
September 16, 1993 Page 80
Commission made a conscientious decision. She said
the report was simplified and self - explanatory.
She asked the Mayor to find out how the asbestos at
Peterson Elementary School would be transported.
At questions raised, Mayor Selby explained that the
two new vehicles for the Mental Health Center
replaced vehicles currently in use.
Clerk Smith confirmed for Assemblymember Fitzjearl
that the Anton Larsen Bay extension was scheduled for
discussion at the September 21, 1993 joint
Assembly /Council work session.
Assemblymember Fitzjearl thanked Chiniak residents
for kindness extended when she attended their meeting
on logging.
Mayor Selby responded to Assemblymember Fitzjearl's
question regarding the Pasagshak Bridge in that an
as -built survey was needed to determine who owns the
land where the bridge was located.
When asked, Mayor Selby reported that Denby Lloyd,
from the Aleutians East Borough, would be hired to
track Kodiak salmon fisheries impact during the Board
of Fisheries March meeting.
Assemblymember Gould congratulated Clerk Smith on
receiving her CMC, Assemblymember Austerman for his
appointment to the State Tourism Board and Dr. James
Arneson, Kodiak dentist, for his appointment to the
State Dentist Commission.
Presiding Officer McFarland concurred with the
comments of Assemblymember Milligan in that the
appointment of Mayor Selby as co- chairman of the
Arctic Power Board of Directors was a high - profile
position.
He congratulated Clerk Smith on receiving her CMC and
appreciated the attributes of the Clerk and staff.
He thanked Betty O'Dell and Chiniak residents for the
pot luck scheduled for the September 30, 1993 work
ceaainn at the Chiniak Librar
Presiding Officer McFarland announced the Assembly
would meet in a joint Assembly /Council work session
on Tuesday, September 21, 1993 at 7:30 p.m. in the
assembly chambers, in work session on Thursday,
September 30, 1993 at 7:30 p.m. in the Chiniak
Library and regular meeting on Thursday, October 7,
Regular Assembly Meeting Volume XVII
September 16, 1993 Page 81
1993 at 7:30 p.m. in the assembly chambers. He
announced that members of the Assembly would travel
to Unalaska to attend the Southwest Alaska Municipal
Conference through September 19, 1993.
GOULD, moved to adjourn. ADJOURNMENT
seconded by AUSTERMAN
VOTE ON MOTION TO ADJOURN
MOTION CARRIED Unanimous voice vote
There being no further business to come before the
Assembly, the meeting adjourned at 9:41 p.m.
ATTEST:
Borough Clerk
Approved: 10/07/93
Regular Assembly Meeting Volume XVII
September 16, 1993 Page 82
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