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1993-10-07 Regular Meetingabsent: Alan Austerman GOULD, seconded by MONROE GOULD, aunnnAaa by vay COCK 5 KODIAR ISLAND BOROUGH Regular Assembly Meeting October 7, 1993 A regular meeting of the Kodiak Island Borough Assembly was held October 7, 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 Jack McFarland, Presiding Betty Fitzjearl Gordon Gould Suzanne Hancock Mike Milligan Mary Monroe comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith, Clerk Linda Freed, Community Development Director Judi Nielsen, Deputy Clerk Assemblymember Austerman was out -of -town on business and asked to be excused. moved to excuse Assemblymember Austerman. VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote APPROVAL OF AGENDA AND CONSENT AGENDA moved to approve agenda and VVll.7Cllt agenda. Clerk Smith read the items for consideration under "Consent Agenda ". REGULAR MEETING APPROVAL OF AGENDA AND CONSENT AGENDA Regular Assembly Meeting Volume XVII October 7, 1993 Page 83 Ayes: VOTE ON MOTION TO APPROVE Noes: Absent: MOTION CARRIED APPROVAL OF MINUTES A. K.I.B. Assembly Meeting GOULD, seconded by MONROE VOTE ON MOTION TO APPROVE Ayes: Noes: Absent: MOTION CARRIED AWARDS AND PRESENTATIONS A. Employee of the Month B. Proclamations r Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland None Austerman Unanimous of September 16, 1993. moved to approve minutes of September 16, 1993. Gould, Hancock, Milligan, Monroe, Fitzjearl, McFarland None Austerman Unanimous Mayor Jerome Selby presented the Employee of the Month Award to Mary Guiles, Mental Health Center Community Support case manager. Mayor Selby proclaimed October 3 - 9, 1993 "Mental Illness Awareness Week ", urging all citizens to support efforts to increase scientific knowledge about mental illness and to improve care for those persons affected by mental illness. Ken Kimmel, Kodiak Alliance for the Mentally T11 raprespntative_ accepted the proclamation. Mayor Selby proclaimed October 1993 "Domestic Violence Awareness Month ", urging all citizens to actively support and participate in the on -going programs designed to reduce and eventually eliminate domestic violence as a social problem. Katharyn APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH PROCLAMATIONS Regular Assembly Meeting Volume XVII October 7, 1993 Page 84 Martin, Kodiak Women's Resource & Crisis Center program coordinator, accepted the proclamation. Mayor Selby proclaimed Saturday, October 19, 1993 "Walk For Hope Day ", urging all citizens to support Hope Cottages in Kodiak and pledge to this extremely important cause. Becky Derickson and Ray Sargent, representing Hope Cottages, accepted the proclamation. C. Recognition Mayor Selby recognized Donna F. Smith, Borough Clerk, for attaining the title of Certified Municipal Clerk (CMC) conferred by the International Institute of Municipal Clerks. He presented a plaque to Clerk Smith. CITIZENS' COMMENTS 1 A. Agenda Items Not Scheduled For Public Hearing Cliff Stone phoned to appeal to the Assembly to demonstrate to the Department of Transportation that the health and safety of Borough residents and tourists was a serious issue by requesting item number 22 on Resolution No. 93 -23 be moved to a more favorable position. Assemblymember Milligan and Mr. Stone addressed the fatality that occurred on the road in January. It was noted that the Chiniak School Board identified the area as hazardous. Further discussion discerned that relocation of the hill was economically feasible because it created material that was useable in other areas of the road. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Jody Hodgins. Planning and Zoning Commissioner, gave a synopsis of the last Commission work session. She said that Mike Dolph, City of Kodiak fire chief, Doug Mathers, Borough /City building inspector, and members of the Filipino organization attended and discussed room occupancy and boarding house overlay. She noted that mobile home revisions were adopted at the previous work session. RECOGNITION CITIZENS' COMMENTS Regular Assembly Meeting Volume XVII October 7, 1993 Page 85 Q $ t 7 Assemblymember Hancock, Kodiak College Council representative, reported increased student enrollment at the College over last fall. She announced that Carr's Grocery Store was still interested in leasing College land and that the Council's attorney advised that not all negotiations needed to be public. Assemblymember Monroe, Mental Health Center Advisory Board representative, announced the start of the annual evaluation of programs and review of the policy manual at the Mental Health Center. She said that Martin White, Mental Health Center Director, was in the final stage of selecting the assistant director. Presiding Officer McFarland attended the Southwest Alaska Municipal Conference in Dillingham where marine highways, fish marketing and growth of tourism were discussed. He announced that the Assembly work session was held in Chiniak on September 30, 1993 and thanked Chiniak residents for the potluck. He noted that discussion was on issues concerning Chiniak residents. He recognized students attending Assembly meetings and thanked Kodiak High School teacher, Dave Kubiak. PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby foretold that the Assembly would be reviewing the completed audit. He noted that preliminary indication showed the general fund would be at $2 million. He reported that British Petroleum Oil Company sent a spill drill team to Kodiak to work with the community. He said it was a very productive drill and boom was actually placed in the water in Prince William Sound. He said the development plan called for a team on Kodiak Island within 24 hours of an oil spill. Mayor Selby announced that the Kodiak High School library would open late October, 1993. He advised Shelby Stastny, State Office of Management and Budget director, of the overwhelming support by the voters for the hospital bond proposition. Mr. Stastny was impressed by the margin and would PUBLIC HEAT MESSAGES FROM THE BOROUGH MAYOR Regular Assembly Meeting Volume XVII October 7, 1993 Page 86 pass the information on to Governor Hickel to use during his deliberations of the capital project budget for the next legislature. He reported the Kodiak Health Care Foundation met. He said that Foundation members showed interest in gifts for specified equipment. He noted that the National Institute for Safety and Health gave a grant designated for equipment. He announced that a resolution adopted by the Southwest Alaska Municipal Conference supported the extension of the Magnusen Act and the Marine Mammal Protection Act. OLD BUSINESS None. NEW BUSINESS A. BID AWARDS 1. Contract No. 93 -51 Revision of the Kodiak CONTRACT Island Borough Coastal Management Program - NO. 93 -51 Phase II. GOULD, seconded by MILLIGAN moved to award Contract No. 93 -51 to Jon Isaacs and Associates in an amount not to exceed $32,000. Mayor Selby explained the continuation of the effort taking place since June, 1993 for a scheduled completion date in Spring, 1994. Assemblymember Milligan questioned Linda Freed, Community Development Department Director, about the contract. Assemblymember Gould reviewed the tasks with Director Freed. VOTE ON MOTION TO AWARD Ayes: Noes: None Absent: Austerman Regular Assembly Meeting October 7, 1993 Hancock, Milligan, Monroe, Fitzjearl, Gould, McFarland OLD BUSINESS NEW BUSINESS . .BID AWARDS Volume XVII Page 87 MOTION CARRIED Ayes: t 5 . l Unanimous q 2. Contract No. 93 -52 Two Vehicles for the CONTRACT Kodiak Island Borough Mental Health Center. NO. 93 -52 MONROE, seconded by HANCOCK VOTE ON MOTION TO AWARD moved to award Contract No. 93 -52 for two Ford Escort LX five -door vehicles in the amount of $12,116 per vehicle to Kodiak Motors. Mayor Selby explained this was for replacement of two vehicles at the Mental Health Center that were 14 years old. He recommended Kodiak Motors as the low bidder. Milligan, Monroe, Fitzjearl, Gould Hancock, McFarland Noes: None Absent: Austerman MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 93 -23 Adopting a Capital RESOLUTION Improvement Program for Fiscal Years 1995 NO. 93 -23 Through 1999 and Establishing Capital Project Priorities. Presented for consideration was Resolution No. 93 -23 which, if adopted, adopted by reference the document entitled "Kodiak Island Borough Capital Improvement Program" for the years July 1, 1994 through June 30, 1999. MILLIGAN, moved to adopt seconded by FITZJEARL Resolution No. 93 -23. Mayor Selby explained the list was basically the same except for the removal of Mill Bay Road and water treatment for the City of Kodiak and the addition of the Anton Larsen Road switchback removal. MILLIGAN, seconded by FITZJEARL moved to amend by moving item number 22, Kalsin Hill Road relocation, to item Regular Assembly Meeting Volume XVII October 7, 1993 Page 88 number 9 and moving all subsequent items to follow. Assemblymember Milligan defended his amendment in that because the school bus used the road, the Kalsin Hill Road relocation took precedent over the Anton Larsen switchback removal. He felt the Anton Larsen Road upgrade would be funded by the Coast Guard as people used the new ski chalet. Assemblymember Monroe favored the amendment because of the daily use by commuters and the school bus and heavy use during summer months. Assemblymembers Gould and Hancock supported placing Kalsin Hill Road relocation, not at item number 9, but at item number 17 following Anton Larsen Road switchback removal. VOTE ON MOTION TO AMEND Ayes: Monroe, Fitzjearl, Milligan, Noes: Gould, Hancock, McFarland Absent: MOTION FAILED GOULD, seconded by MONROE Ayes: Regular Assembly Meeting October 7, 1993 Austerman 3 Ayes, 3 Noes 0 moved to place item number 22, Kalsin Hill Road relocation, at item number 17 and moving all subsequent items to follow. Assemblymember Gould understood the importance of both projects but felt that moving item number 22 to item number 9 too significant a change. Presiding Officer McFarland agreed it was a drastic change from item number 22 to item number 9 without significant analysis. He suggested review of the CIP list at the Assembly's goal setting session. VOTE ON MOTION TO AMEND Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland Volume XVII Page 89 Noes: Absent: MOTION CARRIED VOTE ON MOTION TO ADOPT AS AMENDED Ayes: None Austerman Unanimous Noes: None Absent: Austerman MOTION CARRIED Unanimous Gould, Hancock, Milligan, Monroe, Fitzjearl, McFarland 2. Resolution No. 93 -25 Establishing a Joint RESOLUTION Kodiak Island Borough /City of Kodiak Fiscal NO. 93 -25 Year 1995 Capital Project Priority List. Presented for consideration was Resolution No. 93 -25 which, if adopted, established priorities for the fiscal year 1995 capital improvement projects. GOULD, moved to adopt seconded by FITZJEARL Resolution No. 93 -25. Mayor Selby said the City of Kodiak adopted a similar list. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Gould, Hancock, Milligan, Monroe, Fitzjearl, McFarland Noes: None Absent: Austerman MOTION CARRIED Unanimous 3. Resolution No. 93 -26 Requesting Municipal RESOLUTION Assistance Funding from the State of NO. 93 -26 Alaska. Presented for consideration was Resolution No. 93 -26 which, if adopted, requested distribution of funding from the municipal assistance fund to the Kodiak Regular Assembly Meeting Volume XVII October 7, 1993 Page 90 Island Borough by the Department of Community and Regional Affairs on the date required by law. GOULD, moved to adopt seconded by FITZJEARL Resolution No. 93 -26. Mayor Selby explained the resolution was required in order to accept the funding. He further explained for Assemblymember Milligan that municipal assistance was out -right funding and revenue sharing was specific funding. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Austerman MOTION CARRIED Unanimous 4. Resolution No. 93 -27 Compensating the RESOLUTION Chairman of a Service Area Board of Supervisors. NO. 93 -27 Presented for consideration was Resolution No. 93 -27 which, if adopted, authorized payment of a stipend on a quarterly basis from service district funds to service district chairmen. GOULD, seconded by MONROE Hancock, Milligan, Monroe, Fitzjearl, Gould, McFarland moved to adopt Resolution No. 93 -27. Mayor Selby said adoption of the resolution carried out Borough code while adoption of the budget ordinance approved amount of the chairman stipend. GOULD, seconded by MILLIGAN moved to amend Section number 1 to read: "in accordance with an amount budgeted for fiscal year 1994 ". Assemblymember Gould thought the resolution should be renewed each year for the benefit of service district residents. He added that the adoption of the budget ordinance approved the stipend but did not identify the amount. He identified that the wording in the resolution showed that the service district chairman was receiving a stipend and the amount of the stipend. Regular Assembly Meeting October 7, 1993 Volume XVII Page 91 Ayes: VOTE ON MOTION TO AMEND Ayes: Monroe, Fitzjearl, Gould, Hancock Noes: Milligan, McFarland Absent: Austerman MOTION CARRIED 4 Ayes, 2 Noes VOTE ON MOTION TO ADOPT AS AMENDED Presiding Officer McFarland asked if the stipend amount was identified in the budget. Mayor Selby replied that it was and added that the service districts hold public hearing on their budget as well as the Assembly. Assemblymember Gould contended that many residents were aware of totals but not the source of the totals. He compared the resolution to fees set by resolution. Noes: None Absent: Austerman MOTION CARRIED Unanimous `T Monroe, Fitzjearl, Gould, Hancock, Milligan, McFarland 5. Resolution No. 93 -28 Urging a Three -year RESOLUTION Moratorium Be Placed on the Use of NO. 93 -28 Individual Fishing Quotas for All Federally Regulated Fisheries. Presented for consideration was Resolution No. 93 -28 which, if adopted, urged the federal Senate Committee on Commerce, Science, and Transportation and the federal House Committee on Merchant Marine and Fisheries to enact interim legislation to bar the implementation of individual fishing quotas during the pendency of consideration by the congress on the Magnusen Act Reauthorization. Because Presiding Officer McFarland introduced the resolution, he passed the gavel to Deputy Presiding Officer Gould. MCFARLAND, moved to adopt seconded by MILLIGAN Resolution No. 93 -28. Regular Assembly Meeting Volume XVII October 7, 1993 Page 92 Ayes: Noes: Absent: MOTION CARRIED Regular Assembly Meeting October 7, 1993 None Austerman Unanimous 1 Mayor Selby reiterated that the Assembly was on the record as being opposed to IFQ's. He added that considering the difficulty the federal government had in developing federal regulations, it was crucial to remind them of the questions and debate on how IFQ's affected fishing. Assemblymember McFarland thought it was again time to bring attention to the concerns of Kodiak Island Borough residents for discussion prior to finalization of the Magnusen Act. At a fisheries conference he attended, it was made clear it should be slow tracked to encourage full review. VOTE ON MOTION TO ADOPT Monroe, McFarland Fitzjearl, Hancock, Milligan, Gould Deputy Presiding Officer Gould passed the gavel back to Presiding Officer McFarland. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 93 -47 Revising Kodiak Island Borough Code Chapter 15.12 Plumbing Code to Reincorporate an Exception for Heat Exchangers. Presented in first reading was Ordinance No. 93 -47 which, if adopted, reincorporated an exception that was deleted from the plumbing code during the 1992 code revision process. This item was advanced to public hearing on October 21, 1993 under "Consent Agenda ". 2. Ordinance No. 93 -61 Re establishing All Boards and Commissions as Established in Kodiak Island Borough Code Section 2.39.180 Termination. Presented in first reading was Ordinance No. 93 -61 which, if adopted, re established all Borough Boards and Commissions. ORDINANCES FOR INTRODUCTION ORDINANCE NO. 93 -47 ORDINANCE NO. 93 -61 Volume XVII Page 93 This item was advanced to public hearing on October 21, 1993 under "Consent Agenda ". 3. Ordinance No. 92 -10E Amending Ordinance No. ORDINANCE 92 -10 Fiscal Year 1993 Budget to Accept NO. 92 -10E $12,000 from the State of Alaska Department of Health and Social Services for Equipment Purchases. Presented in first reading was Ordinance No. 92 -10E which, if adopted, accepted funds for the purchase of specific equipment at the Mental Health Center under Grant #06 -3208. This item was advanced to public hearing on October 21, 1993 under "Consent Agenda ". 4. Ordinance No. 93 -62 Rezoning Tract B, U.S. ORDINANCE Survey 1671 From C -- Conservation To RD -- NO. 93 -62 Rural Development. (Generally Located on the South Shore of Spruce Island, North of Kodiak Island) Presented for consideration was Ordinance No. 93 -62 which, if adopted, rezoned land consistent with the type of development that private land owners want to develop in remote areas of Kodiak Island. GOULD, seconded by MILLIGAN There was no discussion by the Assembly. VOTE ON MOTION TO ADVANCE Ayes: Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland Noes: None Absent: Austerman MOTION CARRIED Unanimous Regular Assembly Meeting Volume XVII Page 94 October 7, 1993 9 moved to advance Ordinance No. 93 -62 to public hearing upon the completion of the Jon Isaacs & Associates' Study of the Kodiak Island Borough Coastal Management Plan and its adoption into the Kodiak Island Borough Comprehensive Plan. D. OTHER ITEMS MONROE, seconded by MILLIGAN GOULD, seconded by MILLIGAN VOTE ON MOTION TO AMEND Ayes: Regular Assembly Meeting October 7, 1993 OTHER ITEMS 1. Contract No. 93 -50 Memorandum of Agreement CONTRACT for Services to Special Education Students. NO. 93 -50 Noes: None Absent: Austerman MOTION CARRIED Unanimous moved to approve Contract No. 93 -50 Memorandum of Agreement No. 934 -02 between the Kodiak Island Borough School District and the Kodiak Island Borough Mental Health Center. Mayor Selby explained that the annual agreement continued mental health services to special education students with emotional disabilities. Assemblymember Fitzjearl was concerned that the amount not to exceed $8,800 was not included in the motion. moved to amend by adding the words: "not to exceed $8,800 ". Gould, Hancock, Milligan, Monroe, Fitzjearl, McFarland Noes: None Absent: Austerman MOTION CARRIED Unanimous VOTE ON MOTION TO APPROVE AS AMENDED Ayes: Hancock, Milligan, Monroe, Fitzjearl, Gould, McFarland Volume XVII Page 95 INFORMATIONAL MATERIALS (No action required) INFORMATIONA MATERIALS A. MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Meeting of August 18, 1993. 2. Kodiak Island Borough School District Meeting of August 23, 1993 and Special Meeting of September 7, 1993. B. REPORTS 1. Community Development Department August 1993 Status Report. 2. Kodiak Island Borough September 1993 Financial Report. 3. Kodiak Island Borough School District July and August 1993 Financial Reports. 4. Engineering /Facilities Department September 1993 Project Update. REPORTS C. OTHER 1. Monashka Road Service Advisory Board September 1993 Newsletter. CITIZEN COMMENTS CITIZEN COM" °*ITS None. EXECUTIVE EXECUTIVE SESSION SESSION 1. Legal Matters. GOULD, moved to recess into seconded by MILLIGAN executive session. VOTE ON MOTION TO RECESS Ayes: Hancock, Milligan, Monroe, Fitzjearl, Gould, McFarland Noes: None Absent: Austerman MOTION CARRIED Unanimous Presiding Officer McFarland recessed the regular meeting to executive session at 8:53 p.m. At 9:33 p.m. Presiding Officer McFarland reconvened the regular meeting. OTHER Regular Assembly Meeting Volume XVII October 7, 1993 Page 96 ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER Assemblymember Milligan thanked those who voted. COMMENTS Assemblymember Hancock congratulated Clerk Smith. Assemblymember Monroe appreciated voter turn -out and the passing of hospital and school bond propositions. Assemblymember Fitzjearl's comments were read by Assemblymember Gould because she had laryngitis. He read of her appreciation of the updated status report from the Community Development Department and project reports from the Engineering /Facilities Department. Assemblymember Gould asked to be excused from all meetings through November 1, 1993 because he would be out of the country on vacation. Presiding Officer McFarland congratulated Clerk Smith. He thanked the public for the 41% voter turn- out. He expressed the assembly's appreciation for support of the hospital and school bond propositions. He asked to be excused October 16 -23, 1993 because he would be out -of -town on vacation. Presiding Officer McFarland announced the Assembly would meet in a work session on Thursday, October 14 at 7:30 p.m. in the borough conference room, a joint Assembly /Council work session on Tuesday, October 19 at 7:30 p.m. in the assembly chambers and a regular meeting on Thursday, October 21 at 7:30 p.m. in the assembly chambers. MILLIGAN, moved to adjourn. ADJOURNMENT seconded by GOULD VOTE ON MOTION TO ADJOURN MOTION CARRIED ATTEST: 4//i c �� — _ Borough Clerk Approved: 11/04/93 Regular Assembly Meeting October 7, 1993 Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 9:41 p.m. ing Officer 2 Volume XVII Page 97