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1994-10-20 Regular MeetingThere were present: APPROVAL OF AGENDA Noes: MOTION CARRIED APPROVAL OF MINUTES A. 1 Jack McFarland, Alan Austerman Gordon Gould Mike Milligan GOULD, seconded by MILLIGAN KODIAK ISLAND BOROUGH Regular Assembly Meeting October 20, 1994 A regular meeting of the Kodiak Island Borough Assembly was held October 20, 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. Presiding Officer McFarland led the Pledge of Allegiance. Presiding John Burt Suzanne Hancock Mary Monroe comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC, Clerk Linda Freed, Community Development Director Judi Nielsen, Deputy Clerk AUSTERMAN, moved to approve seconded by GOULD the agenda. Assemblymember Gould asked to be excused at 9:30 p.m. because he was leaving on vacation. Assemblymember Milligan appreciated Assemblymember Gould as a technician and asset to the Assembly. VOTE ON MOTION TO APPROVE Ayes: Austerman, Burt, Gould, Hancock, Milligan, Monroe, McFarland None Unanimous K.I.B. Assembly Meeting of September 1, 1994. moved to approve the minutes of September 1, 1994. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Regular Assembly Meeting Volume XIX October 20, 1994 Page 78 VOTE ON MOTION TO APPROVE Ayes: Noes: MOTION CARRIED AWARDS AND PRESENTATIONS A. Student of the Month B. Proclamation C. Introduction of Guests Regular Assembly Meeting October 20, 1994 Burt, Gould, Hancock, Milligan, Monroe, Austerman, McFarland None Unanimous Mayor Jerome Selby presented the Student of the Month Award to Kally Spalinger, a senior at Kodiak High School. Mayor Selby proclaimed October, 1994 Disability Employment Awareness Month, urging all citizens to reaffirm the promise of the Americans with Disabilities Act to achieve full employment for people with disabilities. Donene Tweten, Kodiak Job Service representative, accepted the proclamation. Mayor Selby introduced Bob Aiken, Department of Community and Regional Affairs representative; Juana Post, Vista volunteer; Anne Hochmuth, City of Larsen Bay clerk; Evelyn Mullan, clerk, and Charlene Kewan, bookkeeper, for the City of Port Lions; Debra Garner, clerk, and Katharine Panamarioff, utility clerk, for the City of Ouzinkie; Barbara Phillips, clerk, Elizabeth Rastopsoff, administrator, and Stephanie Phillips, election board chair, for the City of Akhiok; and Lydia Rozell, City of Old Harbor clerk. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS Assemblymember Hancock announced the Prince William Sound Oil Spill Recovery Institute meeting on October AWARDS AND PRESENTATIONS STUDENT OF THE MONTH PROCLAMATION DISABILITY EMPLOYMENT AWARENESS INTRODUCTION GUESTS CITIZENS' COMMENTS COMMITTEE REPORTS L Volume XIX Page 79 21 at 8:30 a.m. to 4:30 p.m. at the Fisheries Industrial Technology Center (FITC) and encouraged the public to attend. She said the Institute focused on researching oil spill response and mapping. Assemblymember Burt, Architectural Review Board representative, reported that the Board reviewed and recommended approval of the Bayside Fire Hall addition conceptual and 95% drawings. Assemblymember Monroe, Kodiak Community College Council representative, reported that the Council was setting goals, and she noted the concern about potential cuts from the University of Alaska. She stated the Council was assessing delivery of services and the needs of students and faculty. Assemblymember Milligan, Cook Inlet Regional Citizens Advisory Council representative, reported an incident at Kennedy Entrance at Elizabeth Cape leading into Cook Inlet. He said a tanker laden with ballast water ruptured a steam line, three vessels responded, and the tanker was towed into Katchemak Bay. He said the captain released the vessel to the Coast Guard until repairs were made. He noted that no oil was involved in the incident. 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. 94 -22 Rezoning Tracts A and B, ORDINANCE Port Lions Subdivision, 1st Addition, from C -- NO. 94 -22 Conservation to NU -- Natural Use Lands. (Generally located along Port Lions River, near Settlers Cove in Kizhuyak Bay.) Presented for consideration was Ordinance No. 94 -22 that, if adopted, rezoned property in accordance with the Port Lions Comprehensive Development Plan for use as a greenbelt to provide for recreational use. GOULD, moved to adopt seconded by AUSTERMAN Ordinance No. 94 -22. Mayor Selby said the rezone was at the request of the City of Port Lions to eliminate the more intense use allowed in conservation zoning and maintain the area for fishing and recreational use. Presiding Officer McFarland noted that 54 public hearing notices were mailed and none returned. Regular Assembly Meeting October 20, 1994 Volume XIX Page 80 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: None I :' Gould, Hancock, Milligan, Monroe, Austerman, Burt, McFarland MOTION CARRIED Unanimous B. Ordinance No. 94 -23 Rezoning All Borough and ORDINANCE State Owned Land on Shuyak Island from C -- NO. 94 -23 Conservation to NU -- Natural Use Lands. Presented for consideration was Ordinance No. 94 -23 that, if adopted, rezoned property in accordance with the Shuyak Island Comprehensive Plan to preserve habitat and natural diversity, and protect and preserve recreational opportunities. AUSTERMAN, moved to adopt seconded by MILLIGAN Ordinance No. 94 -23. Mayor Selby said the rezone was requested by the Exxon Valdez Trustee Council. He recommended holding public hearing and then postponing the ordinance to the November 3 regular meeting. He explained the postponement in that the Borough was responsible until the land was designated state park land. He said technically the land was sold but a condition of sale was to rezone the land to natural use. Presiding Officer McFarland called for public testimony; hearing and seeing none, he reconvened the regular meeting. At Assemblymember Gould's inquiry, Mayor Selby explained that if Shuyak Island was not sold, he would recommend defeating the ordinance because the Rnrnnnh as l oaao hnl Aor wnnl A Antorini na finer tho property was used. At questions raised by Assemblymember Austerman, Mayor Selby stated the ordinance was specific to Borough and State land and excluded private land. Regular Assembly Meeting October 20, 1994 Volume XIX Page 81 AUSTERMAN, seconded by MILLIGAN VOTE ON MOTION TO POSTPONE Ayes: Noes: None MOTION CARRIED Unanimous GOULD, seconded by AUSTERMAN moved to postpone Ordinance No. 94 -23 to the November 3, 1994 regular Assembly meeting. Hancock, Milligan, Monroe, Austerman, Burt, Gould, McFarland MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby stated the University of Alaska Fairbanks appreciated the Assembly's interest and cooperation in approving the grant of $5,000 to study juvenile halibut and other flatfish around Kodiak Island. He said the Payment -In- Lieu -of -Tax Bill, approved by the House of Representatives, was on the President's desk to be signed into law. He said proposed regulations on financial liability under the 1990 Oil Spill Protection Act would not be out for 60 -90 days. He said it was necessary to eliminate the liability insurance because it was not available or affordable. He reported that legislation for revenue sharing to municipalities within 200 miles of outer continental shelf oil development was drafted, and he hoped it would travel smoothly through the federal system. OLD BUSINESS OLD BUSINESS None. NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Contract No. 94 -34 Kodiak Island Borough CONTRACT Oil Tank Replacement, Project #86. NO. 94 -34 moved to award Contract No. 94 -34 to Anchorage Tank & Welding, Inc. of Anchorage in an amount not to exceed $10,985. Regular Assembly Meeting Volume XIX October 20, 1994 Page 82 Ayes: VOTE ON MOTION TO AWARD AUSTERMAN, seconded by MILLIGAN Gould, seconded by AUSTERMAN Regular Assembly Meeting October 20, 1994 Mayor Selby stated that three bids were received, and Anchorage Tank & Welding, Inc. was the low bidder. At questions raised by Assemblymember Burt, Mayor Selby clarified that Borough staff was working with the Department of Environmental Conservation and there was a need to remove the old tank as soon as possible. He added there would be a separate contract for the concrete pad. At Assemblymember Austerman's inquiry about replacing the 5,000 gallon tank with a 3,000 gallon tank, Mayor Selby said the 3,000 gallon tank was adequate because oil was readily available in Kodiak. Noes: None MOTION CARRIED Unanimous Milligan, Monroe, Austerman, Burt, Gould, Hancock, McFarland 2. Contract No. 94 -35 Ouzinkie School Remodel, CONTRACT General Construction. NO. 94 -35 moved to award Contract No. 94 -35 base bid and alternate number 3 to H2W Constructors of Anchorage in an amount not to exceed $1,108,000. Mayor Selby said seven bids were received and H2W Constructors was the low bidder. Because interest earnings were available, he recommended awarding all three alternates. moved to amend Contract No. 94 -35 by changing the not -to- exceed figure to $1,156,000 to include alternates :umber 1 and 2. Assemblymember Gould felt the exterior should be completed. Mayor Selby responded to Assemblymember Milligan that he analyzed the budget and the interest earnings would cover the cost of the three alternates. Volume XIX Page 83 Assemblymember Burt was aggravated that a complete project was not within bond funds. Mayor Selby argued that the budget was balanced. At questions raised by Assemblymember Austerman, Mayor Selby clarified that the interest earnings were on the capital projects fund. Assemblymember Gould felt it was important to have the best possible product and favored the amendment. Assemblymember Milligan agreed with Assemblymember Gould. He said the fact that there was additional money available spoke to the solidness of Borough management. He said added expense for asbestos removal and other repairs were unexpected. Assemblymember Monroe agreed because asbestos was discovered where least expected. Assemblymember Austerman agreed. He felt the interest earnings would be spent and the Ouzinkie School was an appropriate place to spend it. Presiding Officer McFarland agreed with the comments of Assemblymembers Austerman, Gould, Milligan, and Monroe. He said Ouzinkie School was the last village school project, and previous village school projects were well done. He was committed to providing a finished product. VOTE ON MOTION TO AMEND Ayes: Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO AWARD AS AMENDED Ayes: Noes: Burt MOTION CARRIED 6 Ayes, 1 No Regular Assembly Meeting October 20, 1994 Monroe, Austerman, Burt, Gould, Hancock, Milligan, McFarland Austerman, Gould, Hancock, Milligan, McFarland Volume XIX Page 84 B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 94 -33 Establishing a Joint RESOLUTION Kodiak Island Borough /City of Kodiak Fiscal NO. 94 -33 Year 1996 Capital Project Priority List. Presented for consideration was Resolution No. 94 -33 that, if adopted, established priorities for the fiscal year 1996 capital improvement projects. AUSTERMAN, moved to adopt seconded by MILLIGAN Resolution No. 94 -33. Mayor Selby said the list, compiled by the Assembly and City Council, covered Borough capital needs and included projects throughout the community. Assemblymember Austerman read the list of projects. Although he felt the Alaska Aerospace Development Corporation Rocket Launch Facility was beneficial to economic development, he considered it should be removed from the list because funding could affect Kodiak's allocation. AUSTERMAN, moved to amend seconded by BURT Resolution No. 94 -33 by replacing number 8 Alaska Aerospace Development Corporation Rocket Launch Facility with Service District No. 1 Water and Sewer Project at $3,203,000. Although Assemblymember Milligan understood Assemblymember Austerman's concerns, he felt the Facility was beneficial in that it brought attention to the community, would benefit school children, and there was the potential that the list would receive more attention. Assemblymember Monroe considered that attention would be focused on the four top priority projects. She thought the Facility was exciting. Assemblymgmber Hancock agreed that the focus would be on the top four projects. She said collaboration on the list was one of the few times that the Assembly and City Council had a consensus. At Assemblymember Burt's query, Mayor Selby said the list was to improve Kodiak and should be adhered to. Regular Assembly Meeting Volume XIX October 20, 1994 Page 85 Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT Ayes: Regular Assembly Meeting October 20, 1994 Assemblymember Gould felt it was important to show local support for the Facility. VOTE ON MOTION TO AMEND Ayes: Burt, Austerman Noes: Gould, Hancock, Milligan, Monroe, McFarland MOTION FAILED 2 Ayes, 5 Noes VOTE ON MOTION TO ADOPT Ayes: Gould, Hancock, Milligan, Monroe, Austerman, Burt, McFarland 2. Resolution No. 94 -34 Endorsing the Educational Campaign On the Impact of Unfunded Federal Mandates on Local Municipalities. Presented for consideration was Resolution No. 94 -34 that, if adopted, endorsed and supported the efforts of the National Association of Counties to fully inform citizens about the impact of unfunded federal mandates. MONROE, moved to adopt seconded by MILLIGAN Resolution No. 94 -34. Mayor Selby explained it was desirable to have the resolution on the Congressional agenda. He said unfunded federal mandates had increased significantly in recent years and the cost to local communities was high. He said there was no latitude to intelligently consider variables at the local level. As an example, he referred to asbestos abatement in that it was important to remove asbestos, but there were instances where the asbestos was encapsulated and removal was not necessary. Hancock, Milligan, Monroe, Austerman, Burt, Gould, McFarland RESOLUTION NO. 94 -34 Volume XIX Page 86 Noes: None MOTION CARRIED Unanimous Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting October 20, 1994 3. Resolution No. 94 -35 Ratifying and Certifying the Results of the Municipal Election Held October 4, 1994. Presented for consideration was Resolution No. 94 -34 that, if adopted, ratified and certified election results. AUSTERMAN, moved to adopt seconded by MILLIGAN Resolution No. 94 -35. Mayor Selby congratulated both successful and unsuccessful candidates. He thanked those who voted and encouraged those who did not vote to vote at the next election. Clerk Smith explained changes to the resolution in that three candidates with the highest vote tally on the Monashka Bay Road Service Board declined the seat, and the Clerk's office was unable to reach candidates with the next highest vote tally to determine if they would accept the seat. She stated there would be a drawing by lot of those willing to accept the seat to determine the winner. She said a recount of Womens Bay Service District ballots resulted in no change to the outcome of the election. Assemblymember Gould thanked the Clerk's office for extraordinary efforts to conduct a well - organized election. Assemblymember Austerman appreciated the Clerk's office and the quickly tabulated results. He thanked those who ran for office and congratulated the winners. After a ten minute recess at 8:43 p.m., Presiding Officer McFarland reconvened the regular meeting. VOTE ON MOTION TO ADOPT Ayes: Milligan, Monroe, Austerman, Burt, Gould, Hancock, McFarland RESOLUTION NO. 94 -35 Volume XIX Page 87 1 C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS 1. Installation of Newly- Elected Assembly Members. Newly- elected officials take office on Monday, October 24, 1994. Assemblymember Milligan and Assemblymember Stevens were given the oath -of- office by Clerk Smith. INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS B. REPORTS None. C. OTHER None. CITIZENS' COMMENTS 1. KIBSD Special Meeting of October 3, 1994. 2. Hospital Advisory Board Meetings of March 9, April 13 & 27, May 11, June 8, July 13, August 10 & 22, 1994. 3. Health & Safety Committee Meeting of October 7, 1994. 4. Womens Bay Service Area Board Meeting of May 10, 1994. Evelyn Mullen, City of Port Lions Clerk, thanked the Assembly for adopting Ordinance No. 94 -22. She thanked Clerk Smith and Mr. Aiken for the clerk's training and the opportunity to meet with other clerks. ASSEMBLYMEMBER COMMENTS Presiding Officer McFarland announced the Assembly would meet in work session on October 27 at 7:30 p.m. in the borough conference room and regular meeting on November 3 at 7:30 p.m. in the assembly chambers. He announced that absentee voting for the November 8 general election was available in the Clerk's Office, Regular Assembly Meeting October 20, 1994 ORDINANCES FOR INTRODUCTION OTHER ITEMS INSTALLATION OF NEWLY- ELECTED ASSEMBLY MEMBERS INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XIX Page 88 S room 123 in the Borough Building, Monday through Friday, 8:00 a.m. to 5:00 p.m. Assemblymember Hancock encouraged the community to support public radio station KMXT. She bid a fond farewell to outgoing Assemblymember Gould. She said at times they were on opposing sides but he was able to maintain his valuable sense of humor. Assemblymember Gould appreciated serving on the Assembly for the past four years. He wished the Assembly luck and said he was glad he would not be a part of some issues. He thanked his wife and campaign manager. Assemblymember Burt recalled that he and outgoing Assemblymember Gould agreed once during the past year due to so much confusion that Assemblymember Gould voted against his own motion. Assemblymember Monroe respected outgoing Assemblymember Gould's contribution and broad grasp of government and separation of powers. She attended the Kodiak Women's Resource and Crisis Center annual meeting where appreciation for Borough support was expressed. Assemblymember Milligan noted that candidates were in town and felt fortunate for the ability to access government officials. He felt a sense of pride while watching the televised Alaska Federation of Natives program where Kodiak people received an award honoring Nina Olsen. He considered that he and outgoing Assemblymember Gould were litter -mates because they were elected into office for the first time at the same election. He said outgoing Assemblymember Gould was teased about being a Code thumper but he felt the Assembly needed a savvy technician that understood the nuts and bolts of government. He gave his rendition of Assemblymember Gould ordering a Big Mac at McDonalds. Assemblymember Austerman congratulated Kally Spalinger as student of the month. Because he served on the Assembly with both, he felt newly - elected Assemblymember Stevens would carry on outgoing Assemblymember Gould's tradition of dotting the "i's" and crossing the "t's ". He said he would miss outgoing Assemblymember Gould and appreciated confrontation because it brought out the best of the Assembly. He welcomed newly - elected Assemblymember Stevens. Regular Assembly Meeting October 20, 1994 Volume XIX Page 89 Presiding Officer McFarland presented a plaque to outgoing Assemblymember Gould in recognition of his service on the Assembly. He felt outgoing Assemblymember Gould was an invaluable member of the community and thanked him on behalf of the Assembly. Presiding Officer McFarland thanked Mr. Aiken and the Clerks for attending the meeting. He felt Clerks did a tremendous job and were highly valued. He congratulated newly - elected Assemblymember Stevens and re- elected Assemblymember Milligan. He appreciated the candor of outgoing City of Kodiak Councilmember Dave Woodruff and wished him luck. He congratulated Kally Spalinger as student of the month. GOULD, moved to adjourn. ADJOURNMENT seconded by MILLIGAN VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 9:12 p.m. ATTEST: Borough Clerk Approved: 11/22/94 Regular Assembly Meeting October 20, 1994 " Presidinq//Officer Q. >71 Volume XIX Page 90