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1994-02-17 Regular MeetingThere were present: VOTE ON MOTION TO EXCUSE MOTION CARRIED GOULD, seconded by AUSTERMAN Deputy Clerk Nielsen read under "Consent Agenda ". GOULD, seconded by MONROE A RODIAX ISLAND BOROUGH Regular Assembly Meeting February 17, 1994 A regular meeting of the Kodiak Island Borough Assembly was held February 17, 1994 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 Pastor Riley Hunter of the Church of the Nazarene, followed by the Pledge of Allegiance. Jack McFarland, Presiding Alan Austerman John Burt Gordon Gould Mike Milligan Mary Monroe comprising a quorum of the Assembly; and Jerome Selby, Mayor Judi Nielsen, Deputy Clerk Jane Edmonds, Records Coordinator Assemblymember Hancock was out -of -town on vacation and asked to be excused. AUSTERMAN, moved to excuse seconded by MONROE APPROVAL OF AGENDA AND CONSENT AGENDA Assemblymember Hancock. Unanimous voice vote moved to approve the agenda and consent agenda. the items for consideration moved to amend the agenda by removing item 12.B.3, Resolution No. 94 -09, from the agenda. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA Regular Assembly Meeting .'Volume XVIII February 17, 1994 Page 54 Assemblymember Gould explained that the Municipality of Anchorage adopted a similar resolution after many amendments and although the Fairbanks North Star Borough adopted a similar resolution, there was an intent to rescind filed. He felt the resolution was contrary to the Alaska Municipal League (AML) position that opposed any legislation that decreased the authority of a political subdivision to control firearms. Assemblymember Milligan did not feel it was necessary to follow the actions of larger municipalities. He felt it was important to look at the affect on Kodiak, and he was comfortable proceeding with discussion. Presiding Officer McFarland supported comments made by Assemblymember Gould. He noted the Assembly received information at this meeting and it was important to review the information prior to making a decision. VOTE ON MOTION TO AMEND Ayes: Noes: Absent: MOTION CARRIED VOTE ON MOTION TO APPROVE AS AMENDED Ayes: Noes: Absent: MOTION CARRIED APPROVAL OP MINUTES A. K.I.B. Assembly Meetings February 6, 1994. This item was approved under =� 1 0 Gould, Monroe, Austerman, McFarland Burt, Milligan Hancock 4 Ayes, 2 Noes Burt, Gould, Milligan, Monroe, Austerman, McFarland None Hancock Unanimous of January 25 and "Consent Agenda ". APPROVAL OF MINUTES Regular Assembly Meeting - Volume XVIII February 17, 1994 Page 55 AWARDS AND PRESENTATIONS A. Student of the Month STUDENT OF THE MONTH Mayor Jerome Selby presented the Student of the Month Award to Jamie Boskofsky, a senior at Ouzinkie School. B. Proclamation PROCLAMATION Mayor Selby proclaimed February 27 - March 27, 1994 Earthquake Awareness Month, urging all people to join in meaningful activities that focused attention on earthquake awareness and preparedness. He presented the proclamation to Kaye McClain, local Red Cross Chapter president. Mayor Selby announced that Red Cross training was scheduled for April 10 - 17, 1994 and invited the public to attend. C. Employee of the Year CITIZENS' COMMENTS Mayor Jerome Selby presented the Employee of the Year Award to Rachael Miller, personnel assistant in the Mayor's office. A. Agenda Items Not Scheduled For Public Hearing Jim Fisk phoned to report that there was indication from Governor Hickel's office that less than 25 letters were received supporting the appointment of Chris Blackburn, Al Burch or Kevin O'Leary to the North Pacific Fishery Management Council. He contended that Kodiak was heavily involved in fisheries and encouraged the public to submit letters of support. B. Items Other Than Those Appearing on the Agenda Giovanni Tallino, Kodiak Island Sportsman's Association (KISA) president, read verbiage from Senate Joint Resolution (SJR) No. 40 in that "the individual right to keep and bear arms shall not be denied or infringed by the state or a political subdivision ". He felt there were objections to the language but contended that local municipalities maintained the ability to regulate the "bottom line ". He argued that if the resolution was adopted the question would be on the state ballot and voters would decide the question. AWARDS AND PRESENTATIONS EMPLOYEE OF THE YEAR CITIZENS' COMMENTS Regular Assembly Meeting volume %VIII February 17, 1994 Page 56 Assemblymember Milligan was concerned that SJR No. 40 precluded local municipalities from enacting legislation on concealed carry permits, Mr. Tallino stated the time to review the concern was after the resolution was adopted. Karl Berggren supported the comments of Mr. Tallino and echoed that the voters would decide once the question was placed on the ballot. Rexene Olson, phoned to relate that she was pleased Resolution No. 94 -09 was removed from the agenda because facts were needed to make the right decision. She reinforced the comments of Mr. Tallino that the vote go to the people to show support for the United States Constitution. Jim Graham supported adoption of Resolution No. 94 -09 and urged the Assembly to send a strong message to the legislature that constitutional rights would not be abandoned. Philip Chiaravalle phoned to say that while he was in Juneau he felt public opinion favored the right to keep and bear arms and the concealed carry permit. He entreated the Assembly to send a strong message of support. Robert Anderson urged the Assembly to debate Resolution No. 94 -09 and support SJR No. 39. He felt there were powerful forces in the federal government attempting to restrict inherited second amendment rights. Pete Probasco beseeched the Assembly to support Resolution No. 94 -09. He felt Alaskans' strongly supported the right to keep and bear arms. Presiding Officer McFarland welcomed Brandy Gibson, Angie Saunders and Brandie Laudert, students from Ms. Blott's fourth period Kodiak High School English class. COMMITTEE REPORTS Assemblymember Milligan attended the Cook Inlet Regional Citizens' Advisory Council annual meeting. He noted that the Council was enacted by the 1990 Oil Protection Act (OPA 1990). He said there was controversy over Lease Sale 78 that was located off Humpy Point on the Kasilof River in Cook Inlet. He reported that although the Council opposed the lease sale due to concern that OPA 1990 mandates would not be met to fund the environmental monitoring program, COMMITTEE REPORTS Regular Assembly Meeting Volume XVIII February 17, 1994 Page 57 the Council president chose not to forward that decision to the governor. He said there was a motion to censure the president but Betty Glick, Kenai Peninsula Borough Assemblymember, felt that censure was too harsh. Assemblymember Milligan stated he made a motion to amend by changing the wording from censure to reprimand but both motions failed. He announced that the new executive director was hired and annual changes dictated the election of a new president and appointment of committee members. Assemblymember Monroe was unable to attend the last Planning and Zoning Commission meeting because she attended the union negotiations meeting. She announced that the Kodiak Alliance for the Mentally I11 (KAMI) annual meeting was scheduled for March 1,. 1994 at St. James the Fisherman Episcopal Church and Mayor Selby was the guest speaker. She said the topic of discussion was the proposed psychiatric beds at the hospital. Assemblymember Austerman attended the Hospital Advisory Board meeting where the Board approved a letter of support for a certificate of need to remodel the hospital. He said that a new physical therapist was on board allowing services to be expanded. He said the fact that the physical therapy department occupied rented space on Mill Bay Road highlighted the need for additional space at the hospital. He said indications were that the work load was such that the department would be self - paying to create a profit. He announced that two new surgeons were hired and two care center rooms were converted to office space for the surgeons. He stated that care center services were down and created a financial drain on the hospital, but noted it was possible to convert the rooms back in the future if necessary. He said the January report indicated the hospital was in the red by $67,000 compared to $243,000 last year, and the overall year -to -date losses were $133,000 compared to $166,000 last year. He said budget discussion indicated that inflation dictated a six percent rate increase but projections indicated level profits and losses. He announced that Betty Springhill, Hospital Advisory Board chairman, fractured bones in her leg and he wished her well. He responded to Assemblymember Gould in that Ed Myers, hospital administrator, had returned from medical leave. Regular Assembly Meeting —Volume XVIII February 17, 1994 Page 58 7 Assemblymember Burt did not attend the last Planning and Zoning Commission meeting but understood that Jon Isaacs would return to Kodiak for further discussion on the design of the Coastal Zone Management Plan. Assemblymember Monroe clarified that Mr. Isaacs was expected in Kodiak on March 2, 1994. PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby read a letter from the Kodiak Chamber of Commerce Board of Directors expressing appreciation for adoption of Ordinance No. 94 -03 wherein the Chamber was classified a community purpose organization. The Board felt the exemption from paying property tax had a significant impact on their annual budget. He announced that several key fishing issues, including the North Pacific Fisheries Management Council appointment and proposed Fifth Region, were pending. He encouraged the public to correspond with Governor Hickel and express concern about management of fisheries and resources. He added that the Board of Fish meetings were scheduled for March, 1994 and asserted that without community participation in democracy, democracy would fail. He was notified by the Department of Transportation that the $4.9 million rehabilitation of Rezanof Drive was set for summer, 1994. He added that Rezanof Drive intersection improvements were scheduled for April, 1994. He said additional scheduled improvements included creating turn lanes at Anton Larsen road, the airport access road, Coast Guard base entrance road and replacement of the Buskin River bridge. He said the Mill Bay Road phase II rehabilitation project was scheduled for summer, 1994 and the anticipated completion cost was $4.5 to $5.5 million. He did not envision completion of the project by the onset of winter but at worst the potholes would be gone and the road covered with gravel. He said designs for the Chiniak /Kalsin Hill Road and realignment of Deadman's Curve on Rezanof Drive were scheduled for summer, 1994 with construction anticipated in summer, 1995. He said that re- design of the Mill Bay Road /Rezanof intersection was scheduled with anticipated construction in summer, PUBLIC HEARING MESSAGES FROM MAYOR Regular Assembly Meeting Volume XVIII February 17, 1994 Page 59 7 1995. Mayor Selby contended that public correspondence to the governor's office complaining about the condition of Kodiak roads facilitated project funding. He attended the Minerals Management Service (MMS) hearing on OPA 90 where the focus of discussion was the $150 million liability insurance coverage required for those who potentially caused oil spills. He said MMS was assigned the task of administering the $150 million liability by executive order of the president but that MMS staff had a problem because language in the bill was inserted by the conference committee after it was passed by the house and senate. He said an analysis by the State Department of Commerce and the insurance division indicated that insurance would not be available for anybody in Alaska and the goal was to remove the liability. At questions raised by Assemblymember Burt, Mayor Selby stated that legislative addresses were available in the Borough Clerk's Office or at the Legislative Information Office. OLD BUSINESS None. NEW BUSINESS A. BID AWARDS 1. Contract No. 94 -04 Scrap Metal Recycling Project. AUSTERMAN, seconded by MONROE moved to award Contract No. 94 -04 to Northern Exploration & Equipment Co. of Kodiak, Alaska in an amount not to exceed $61.77 per ton. Mayor Selby explained the contract was to recycle junk autos and other metals by baling and shipping off Island. He added it was much like the process provided by Smokey's Dump but the operation was controlled by the Borough so there would not be the build -up of metal. He said that of the seven bidders, Northern Exploration & Equipment Co. was the lowest. OLD BUSINESS NEW BUSINESS BID AWARDS CONTRACT NO. 94 -04 Regular Assembly Meeting Volume XVIII February 17, 1994 Page 60 At the request of Assemblymember Austerman, Mayor Selby explained that the car crusher was on a concrete pad set up to comply with all regulations. He said the batteries were removed from vehicles prior to crushing and shipping off Island. He announced that there was no fee to dispose of batteries at the landfill. He said that although abandoned cars were towed to the landfill, the public was encouraged to assist in the clean up by delivering vehicles to the landfill. When Mayor Selby reviewed the $20.00 charge for vehicles, Assemblymember Burt asked if the fee could be waived and Mayor Selby stated it could be reviewed. VOTE ON MOTION TO AWARD Ayes: Milligan, Monroe, Austerman, Burt, Gould, McFarland Noes: None Absent: Hancock MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 94 -06 Urging the Governor of RESOLUTION the State of Alaska to Appoint a Kodiak NO. 94 -06 Representative to the North Pacific Fishery Management Council. Presented for consideration was Resolution No. 94 -06 which, if adopted, urged Governor Rickel to appoint a Kodiak representative to the North Pacific Fishery Management Council to assure quality input from the most complex fishing area in Alaska and to continue strong management for the best interests of the fishing industry. MONROE, moved to adopt seconded by AUSTERMAN Resolution No. 94 -06. Mayor Selby stated the resolution encouraged continued involvement of the Kodiak fishing community in fishery issues. He added that Kodiak was the largest and most diversified fishing port in Alaska and the fishing community had the best first -hand knowledge of the intricate interaction between state and federal regulations. He encouraged the community to support the resolution by contacting the governor. Regular Assembly Meeting 'Volume XVIII February 17, 1994 Page 61 VOTE ON MOTION TO ADOPT Ayes: 7 At questions raised by Assemblymember Milligan, Mayor Selby stated that phone calls, faxes, and letters to the governor's office, as well as correspondence through the Legislative Information Office, were suitable means of communication. Presiding Officer McFarland agreed with Mayor Selby's comments and encouraged community members to become familiar with the issues and support one of the three candidates. Monroe, Austerman, Burt, Gould, Milligan,, McFarland Noes: None Absent: Hancock MOTION CARRIED Unanimous 2. Resolution No. 93 -13A Amending Resolution RESOLUTION No. 93 -13 Fiscal Year 1994 Kodiak Island NO. 93 -13A Borough School District Budget. Presented for consideration was Resolution No. 93 -13A which, if adopted, accepted the amended FY 1994 Kodiak Island Borough School District budget in the amount of $19,418,765. AUSTERMAN, moved to adopt seconded by MONROE Resolution No. 93 -13A. Mayor Selby reported that the resolution accepted funds from the state and balanced the current fiscal year school district budget. He noted that the additional funds would be carried over to the next fiscal year. Mayor Selby responded affirmatively to Assemblymember Austerman's question that the additional revenues were just over $500,000. At questions raised by Assemblymember Burt, Assembly representative to the School Board Budget Review Committee, Mayor Selby reiterated that funds would be carried over to the next fiscal year. " Volume XVIII Regular Assembly Meeting Page 62 February 17, 1994 VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION 4 Austerman, Burt, Gould, Milligan, Monroe, McFarland None Hancock Unanimous 3. Resolution No. 94 -09 Supporting Section 1 of the Senate Joint Resolution No. 39 Proposing Amendments to the Constitution of the State of Alaska Relating to the Individual Right to Keep and Bear Arms. Resolution No. 94 -09 was removed from the agenda. 1. Ordinance No. 93 -10F Amending Ordinance No. 93 -10 Fiscal Year 1994 Budget to Match Grant Agreement From the State of Alaska Department of Health and Social Services Presented in first reading was Ordinance No. 93 -10F which, if adopted, amended the fiscal year 1994 budget by decreasing the community support grant line item and decreasing salaries and benefits expenditures accordingly in the amount of $16,300. Ordinance No. 93 -10F was advanced to public hearing on March 3, 1994 under "Consent agenda ". 2. Ordinance No. 93 -10G Amending Ordinance No. 93 -10 Fiscal Year 1994 Budget to Accept $240,588 Grant From the State of Alaska Department of Administration, Division of Administrative Services for Kodiak High School Classroom Code Upgrade Phase IV. Presented in first reading was Ordinance No. 93 -10G which, if adopted, accepted grant funds of $240,588 and directed staff to complete the necessary forms and accounting to manage such funds. Ordinance No. 93 -10G was advanced to public hearing on March 3, 1994 under "Consent Agenda ". RESOLUTION NO. 94 -09 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 93 -10F ORDINANCE NO. 93 -10G Regular Assembly Meeting Volume XVIII February 17, 1994 Page 63 D. OTHER ITEMS OTHER ITEMS GOULD, seconded by MONROE 1. Contract No. 91 -07 Amendment IV CONTRACT Architectural and Engineering Services NO. 91 -07 for Kodiak High School Alteration. moved to approve Contract No. 91 -07 Amendment IV with Kumin Associates of Anchorage, Alaska in an amount not to exceed $175,000. Mayor Selby explained the amendment was for the fourth and final phase of the remodel and upgrade of the Kodiak High School. He said the project started four years ago in an effort to recapture and utilize space to accommodate the growing high school population. He added that Kumin and Associates completed the previous three phases. When Assemblymember Milligan questioned the need to fireproof columns at the auditorium, Mayor Selby explained that if the requirement to fireproof was there when the State Fire Marshall originally reviewed the plans, the fireproofing would be part of the Phase IV remodel. Mayor Selby stated that if a violation was determined, there was the potential that the original architect or contractor liability insurance would cover replacement. At further questions raised by Assemblymember Milligan, Mayor Selby explained that funding for the fireproofing was budgeted and if it was determined not to be a Borough responsibility, funds would stay in the capital projects account until the assembly appropriated the funds to a specific capital project. At questions raised by Assemblymember Austerman, Mayor Selby explained that the industry standard for remodel was ten to twelve percent of the contract. At Mayor Selby's statement that the contract was paid in part by a state grant of $248,000 and the remainder was Borough funds currently on hand, Presiding Officer McFarland noted there was potential reimbursement from the state. VOTE ON MOTION TO AWARD Ayes: Burt, Gould, Milligan, Monroe, Austerman, McFarland Regular Assembly Meeting Volume XVIII February 17, 1994 Page 64 GOULD, seconded by AUSTERMAN n Noes: None Absent: Hancock MOTION CARRIED Unanimous APPOINTMENTS TO 2. Appointments to Service Area No. 2 SERVICE AREA Commission. NO. 2 COMMISSIOI There was no discussion by the Assembly. VOTE ON MOTION TO APPOINT Ayes: Gould, Milligan, Monroe, Austerman, Burt, McFarland Noes: None Absent: Hancock MOTION CARRIED Unanimous INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHEI MEETINGS B. REPORTS REPORTS C. OTHER moved to appoint Reed Oswalt and John Parker Sr. to three -year seats on the Service Area No. 2 Commission. 1. Personnel Advisory Board Meetings of October 6 and December 29, 1993. 2. Kodiak Island Hospital Advisory Board Meeting of January 19, 1994. 3. Service District No. 2 Board Meeting of November 1993. 1. Mental Health Center Director's November 1993 Report. 2. Engineering /Facilities Department February 1994 Project Report. 1. Horseshoe Lake Community Association February 1994 Newsletter. OTHER Regular Assembly Meeting Volume XVIII February 17, 1994 Page 65 CITIZEN COMMENTS None. ASSEMBLYMEMBER Assemblymember was quite ill, and prayers. COMMENTS . 7 Gould announced that Sister Margaret and he remembered her in his thoughts Assemblymember Monroe congratulated Jamie Boskofsky as Student of the Month and Rachael Miller as Employee of the Year. Assemblymember Milligan read from the Alaska Municipal League policy statement regarding the right to keep and bear arms. He felt it was an emotional issue and statistics favoring and opposing were available. He contended there were individual instances in Alaska where additional protection for individuals was needed. He stated the increased number of people owning guns increased gun deaths and the number of suicides by gun shot was incredible. He viewed the Olympic Games and he was proud of Tommy Moe who won a gold and silver medal. He was pleased that the Alaska Seafood Marketing Institute (ASMI) sponsored Mr. Moe because there was good coverage of Alaska salmon. Assemblymember Austerman congratulated Jamie Boskofsky as Student of the Month and Rachael Miller as Employee of the Year. Presiding Officer McFarland announced the Kodiak Island Borough Assembly will meet in a work session on Thursday, February 24, 1994 at 7:30 p.m. in the borough conference room and regular meeting on March 3, 1994 at 7:30 p.m. in the assembly chambers. Presiding Officer McFarland scheduled Resolution No. 94 -09 for discussion at the February 24, 1994 Assembly work session. He felt it was appropriate to submit the resolution and back -up information to the Borough attorney for research and detailed analysis on potential repercussions and appropriate language. He understood the intent of the resolution was to continue the right to bear arms and have the ability to create local gun control regulations. Assemblymember Gould stated that the Municipality of Anchorage resolved questions in that manner. Assemblymember Austerman was in agreement. CITIZEN COMMENTS, ASSEMBLYMEMBER COMMENTS Regular Assembly Meeting 'Volume XVIII February 17, 1994 Page 66 GOULD, seconded by MONROE VOTE ON MOTION TO RECESS Ayes: Noes: None Absent: Hancock MOTION CARRIED Unanimous At 8:55 p.m. the Assembly recessed into Executive Session. At 10:43 p.m. Presiding Officer McFarland reconvened the regular meeting. MILLIGAN, moved to adjourn. seconded by GOULD VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 10:43 p.m. ATTEST: l 1t Borough Clerk Appmved: 03 /03/94 4 moved to recess into executive session to discuss pending litigation and Borough financial matters. No action was anticipated as a result of the executive session. Milligan, Monroe, Austerman, Burt, Gould, McFarland ing Office 2 Regular Assembly Meeting Volume XVIII February 17, 1994 Page 67