11/05/1987A regular meeting of the Kodiak Island Borough Assembly was held
November 5, 1987 in the Assembly Chambers of the Kodiak Island
Borough Building, 710 Mill Bay Road. The meeting was called to
order at 7:32 p.m. (A verbatim record is on file in the Clerk's
office)
The pledge of allegiance was led by Presiding Officer White.
There were present:
Lorne White, Presiding
Ann Barker
Jack McFarland
Absent:
Tom Merriman (Excused)
comprising a quorum of the assembly; and
Jerome Selby, Borough Mayor
Linda Freed, Community Development Director
Gaye Vaughan, Borough Clerk
APPROVAL OP AGENDA
MCFARLAND,
seconded by AUSTERMAN
WITHOUT OBJECTION, SO ORDERED
KODIAR ISLAND BOROUGH
Regular Assembly Meeting
November 5, 1987
Alan Austerman
Ken Gregg
Wayne Stevens
moved to remove Old Harbor
school site selection from
the agenda.
STEVENS, moved to approve agenda
seconded by GREGG as amended.
WITHOUT OBJECTION, SO ORDERED
CONSENT AGENDA
The items on the consent agenda were read aloud by the Borough
Clerk.
GREGG, moved to remove Assembly
seconded by STEVENS Appointments to Boards and
Commissions under Committee
Reports from the consent
agenda.
GREGG moved to approve consent
seconded by STEVENS agenda as amended.
VOTE ON MOTION
Ayes: Austerman, Barker, Gregg,
McFarland, Stevens, White
Noes:
MOTION CARRIED
APPROVAL OP MINUTES
A. K.I.B. Assembly Regular Meeting of October 1, 1987.
B. K.I.B. Assembly Regular Meeting of October 15, 1987.
This item was previously approved under the "Consent Agenda."
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None
Unanimous
REGULAR MEETING
ROLL CALL
APPROVAL CF AGENDA
CONSENT 7A
APPROVAL c .ES
Kodiak Island Borough
Regular Assembly Meeting
CITIZEN'S COMMENTS CITIZEN'S COMMENTS
Mayor Selby represented the Employee of the Month Award to Gaye
J. Vaughan, Borough Clerk.
Ed Randolph, representing the Kodiak Area Chamber of Commerce,
thanked the assembly for their support in funding the trip to the
fish exposition in Seattle, Washington and gave a brief summary.
COMNITTBe REPORTS COMMITTEE REPORTS
A. Assembly Appointments to Boards and Committees ASSEMBLY APPOINTMENT
TO BOARDS AND
GREGG moved to approve assembly COMMITTEES
seconded by BARKER appointments to Boards and
Committees as listed below:
Architectural Review Board - Ken Gregg
Hospital Advisory Board - Ann Barker
Mental Health Board - Wayne Stevens
Parks and Recreation Board - Tom Merriman
Kodiak College - Lonnie White
School Budget Review Board - Alan Austerman
DP Steering Committee - Ken Gregg
Kodiak Transportation System (KTS) - Alan Austerman
Consolidation Committee - Jack McFarland
Assemblyman Gregg commented that Jack McFarland was being
appointed to the Consolidation Committee as the assembly's
appointee. Since the public was so interested in Consolidation
at this time, he thought the appointment should be approved
publicly.
MOTION CARRIED Unanimous Voice Vote
PUBLIC BEARING PUBLIC HEARING
A. Ordinance No. 87 -31 -0 Amending Chapter 17.02, Compre- ORDINANCE
hensive Plan, Of The Borough Code, Repealing The Near NO. 87 -31 -0
Island Comprehensive Development Plan Dated February 1,
1980 And Incorporating The Near Island Comprehensive
Plan Dated August 27, 1987.
GREGG,
seconded by STEVENS No. 87 -31 -0.
moved to adopt Ordinance
The presiding officer called for public testimony.
Richard McIntosh, representing the Kodiak Audubon Society,
brought up three points which the Audubon Society thought
important. First point, the south end park should be larger than
presently proposed. Second point, the borrow strip along the
east side of the basin should not extend as far down as it does.
For esthetic purposes the Society feels the borrow strip should
end in the area where the current floating break water is now
located. Third point related to the commercial strip along the
north side of the road being much narrower than now proposed so
that the buildings would not be visible from across the channel.
He urged the assembly to look into these objections further.
Wally Johnson, chairman of the Near Island Task Force, said the
concept would be to keep the look of Near Island the same as it
is today from the city. He said the intent was to keep the green
belt to protect the view and not offend from the other side. He
said the plan was conceptual in design and urged the assembly to
pass the ordinance.
Steve Rennell, representing the Planning and Zoning Commission,
said the task force had worked a long time on the plan and
thought it should be passed.
The presiding officer closed the public hearing and reconvened
the assembly.
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Kodiak Island Borough
Regular Assembly Meeting
Mayor Selby noted that Walter Stewart, who was unable to attend PUBLIC HEARING
the meeting, had called in a comment that he felt there was
enough commercial area designated near the boat harbor without ORDINANCE
designating additional area. NO. 87 -31 -0
VOTE ON MOTION TO ADOPT (continued)
Ayes: Gregg, McFarland, Stevens,
Austerman, Barker, White
None
Unanimous
Noes:
MOTION CARRIED
MFSSAGES PROM THE BOROD® MAYOR
Mayor Selby read a proclamation designating November 7, 1987 as
Public Broadcasting Day in Kodiak and urged all citizens in
Kodiak to get involved with KMXT and recognize the contributions
made by public radio to the community.
Mayor Selby stated that the borough had net the state of Alaska's
criteria for debt retirement in the amount of $515,000 for the
high school asbestos removal project and said credit should be
given to John Witteveen for his efforts in getting this approval.
Mayor Selby said he would be traveling to Washington, D.C.
following the Alaska Municipal League meeting and had appoint-
ments to meet with the Alaska delegation as well as other key
members of Congress interested in fisheries.
The presiding officer called for a five minute recess.
The presiding officer reconvened the assembly.
OLD BUSINESS
1. Approval of Agreement for Dedication and Acceptance of,
and Reservation of Excess Capacity in, Subdivision
Sewer Improvements in Woodland Acres Fifth Addition.
BARKER,
seconded by GREGG
MOTION CARRIED
Mayor Selby said that due to the death of Mr. Hill, there had not
been an opportunity to talk to the parties involved and he sug-
gested the item be tabled until the January 7, 1988 meeting.
MCFARLAND, moved to table the Excess
seconded by BARKER Capacity Agreement until
January 7, 1988 meeting.
MOTION CARRIED Unanimous Voice Vote
2. Award of Contract for Hospital Site Development AWARD OF HOSPITAL
SITE DEVELOPMENT
BARKER, moved to remove from the CONTRACT
seconded by MCFARLAND table Award of Hospital Site
Development Contract.
MOTION CARRIED Unanimous Voice Vote
The presiding officer noted that the motion on the floor was to
award to Felton Construction an amount not to exceed $424,500.
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move to remove from the
table Excess Capacity
Agreement.
Unanimous voice vote
November 5, 1987 Page 3
MESSAGES FROM MAYOR
OLD BUSINESS
APPROVAL OF EXCESS
CAPACITY AGREEMENT
Kodiak Island Borough
Regular Assembly Meeting
VOTE ON MOTION TO AWARD OLD BUSINESS
Ayes:
Noes: None
McFarland, Stevens, AWARD OF HOSPITAL
Austerman, Barker, Gregg, SITE DEVELOPMENT
White CONTRACT
(continued)
MOTION CARRIED Unanimous
3. Ordinance No. 87 -24 -0 Amending Chapter 3.16, Change ORDINANCE
Orders, Mayor Authority. NO. 87 -24 -0
GREGG, moved to remove from table
seconded by STEVENS Ordinance No. 87 -24 -0.
MOTION CARRIED Unanimous Voice Vote
The presiding officer noted the motion to adopt was now before
the assembly.
Assemblyman Gregg pointed out this was the original ordinance
which had been supported by public testimony. He felt it should
not hinder the process and would give the assembly a handle on
large change orders.
VOTE ON MOTION TO ADOPT
Ayes: Stevens, Austerman, Barker,
Gregg, McFarland, White
Noes: None
MOTION CARRIED Unanimous
NEW MINIMS
Reorganization of Kodiak Island Borough Assembly
AUSTERMAN, moved to appoint Lorne White
seconded by MCFARLAND as presiding officer.
GREGG,
seconded by BARKER
MOTION CARRIED
move for unanimous consent.
Unanimous Voice vote
BARKER, moved to appoint Ken Gregg
seconded by STEVENS as deputy presiding officer.
STEVENS move for unanimous consent.
seconded AUSTERMAN
MOTION CARRIED Unanimous Voice Vote
As a point of clarification, Mayor Selby asked which two
Assemblymembers would be designated to sign change orders as
required by Ordinance 87 -24 -0.
Mr!ALr.aNn _
caved the presiding officer
seconded by GREGG and deputy presiding officer
be authorized to sign change
orders exceeding $10,000.
Assemblyman Gregg said he would like to see the motion amended so
that a precedent would not be set that the presiding officer and
the deputy presiding officer would sign change orders.
GREGG,
seconded by STEVENS
November 5, 1987
moved to amend motion to
designate Lorne White and
Ken Gregg to sign change
orders.
NEW BUSINESS
REORGANIZATION OF
BOROUGH ASSEMBLY
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Page 4
Kodiak Island Borough
Regular Assembly Meeting
VOTE ON MOTION TO AMEND NEW BUSINESS
Ayes:
Noes:
MOTION CARRIED
VOTE ON MOTION AS AMENDED
Ayes:
Austerman, Barker, Gregg,
McFarland Stevens, White.
Noes: None
MOTION CARRIED Unanimous
A. BID AWARDS BID AWARDS
None
B. RESOLUTIONS RESOLUTIONS
1. Resolution No. 87 -66 -R Supporting Environmentally RESOLUTION
Responsible Oil And Gas Development On The Arctic NO. 87 -66 -R
National Wildlife Refuge Coastal Plain.
This item was previously approved under the "Consent Agenda."
2. Resolution No. 87 -67 -R Establishing Amount Due RESOLUTION
To /From The City Of Kodiak For Taxes On Personal NO. 87 -67 -R
Property Within The City Limits.
AUSTERMAN, moved to adopt Resolution
seconded by STEVENS No. 87 -67 -R.
Stevens, Austerman, Barker, REORGANIZATION OF
Gregg BOROUGH ASSEMBLY
McFarland, White
4 Ayes, 2 Noes
Mayor Selby recommended that the assembly amend the resolution by
changing the last two lines to read "Amount to be remitted is
$441,428.99 (period)" and request that the city of Kodiak in the
spirit of cooperation reciprocate by a similar action on their
five percent withholding on garbage collection.
STEVENS,
seconded by GAEGG
VOTE ON MOTION TO AMEND
moved to amend Resolution
No. 87 -67 -R to read "Amount
to be remitted is
5441,428.99."
Ayes: Barker, Gregg, Stevens,
Austerman, White
Noes: McFarland
MOTION CARRIED 5 Ayes, 1 No
VOTE ON MOTION TO ADOPT AS AMENDED
Ayes: ;regg, Stevens, Austerman,
Barker, White
Noes:
McFarland
MOTION CARRIED 5 Ayes, 1 No
3. Resolution No. 87 -69 -R Supporting Study Of The
Single Unit Of Local Government Concept.
MCFARLAND, moved to adopt Resolution
seconded by AUSTERMAN No. 87 -69 -R.
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RESOLUTION
NO. 87 -69 -R
November 5, 1987 Page 5
Kodiak Island Borough
Regular Assembly Meeting
Assemblyman White explained the differences between this resolu-
tion and the city of Kodiak's version of the resolution.
A discussion followed between the members of the assembly.
Mayor Selby voiced his concerns over word games and said the one
thing that was clear was the intent to look at alternatives and
options for some combination of services if not governments on
the road system. He thought that by expanding the task charged
to the committee to look at all alternatives (at least six) in
five months time and to submit a comprehensive report was not
achievable. He said the most important thing was the findings
coming out of the study be useful to the people of the community
so they could make an intelligent, informed decision about the
best options for a high quality local government. He felt some
latitude should be left to the committee to decide which options
to spend time studying.
Assemblyman White said the people specifically voted on what the
committee would do and he felt the assembly would be in trouble
if they did something else. He said the proposition said specif-
ically "consolidation" and "the next regular election" and he
would not go against the voters.
Mayor Selby went on to point out that the assembly had since
amended it during negotiations with the city of Kodiak and
expanded the task to look at least six alternatives.
Assemblyman Austerman agreed with Mayor Selby that a December 31,
1988 time limit would allow enough time to consideration.
AUSTERMAN,
seconded by MCFARLAND
VOTE ON MOTION TO AMEND
Ayes:
Noes: None
MOTION CARRIED
VOTE ON MOTION TO ADOPT AS AMENDED
Noes: None
moved to amend Resolution
No. 87 -69 -R to "no later
than December 31, 1988."
McFarland, Stevens,
Austerman, Barker, Gregg,
White
Unanimous
Ayes: Stevens, Austerman, Barker,
Gregg, McFarland, White
MOTION CARRIED Unanimous
4. Resolution No. 87 -70 -R Declaring Certain Property RESOLUTION
On Anton Larsen Island Surplus To Borough Needs NO. 87 -70 -R
And Authorizing Disposal.
AUSTERNAN, moved to adopt Resolution
seconded by BARKER
No. 87 - -R.
At the request of the assembly, Mayor Selby explained that when
Anton Larsen Island was originally subdivided and plated that one
lot had been designated for public utilization and public moor-
age. Since Mr. Chandler had not given the Kodiak Island Borough
a deed to this land and the lot had been acquired as a result of
the plating process, he requested the piece of property be
returned to Mr. Chandler with which the Planning and Zoning
Commission had concurred.
Assemblyman Stevens read a note from property owner John Healey
opposing disposal of this property.
Mr. Rennell explained that the public would still have the right
NEW BUSINESS
RESOLUTION
NO. 87 -69 -R
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Kodiak Island Borough
Regular Assembly Meeting
VOTE ON MOTION TO ADOPT NEW BUSINESS
Ayes: Stevens, Austerman, Barker, RESOLUTION
Gregg, McFarland, White NO. 87 -70 -R
(continued)
Noes: None
MOTION CARRIED Unanimous
5. Resolution No. 87 -71 -R Supporting The Alaska
Craftsman Program.
This item was previously approved under the "Consent Agenda."
6. Resolution No. 87 -72 -R Encouraging The Alaska RESOLUTION
Legislature To Make Changes To AS 29.40.090 Allow- NO. 87 -72 -R
ing Boroughs To Establish A Workable Abbreviated
Plat Process.
This item was previously approved under the "Consent Agenda."
C. ORDINANCES FOR INTRODUCTION
BARKER,
seconded by GREGG
GREGG,
seconded by BARKER
1. Ordinance No. 87 -34 -0 Amending Chapter 2.39,
Boards and Commissions, By Adding Financial
Responsibility.
This item was previously approved in first reading under the
"Consent Agenda."
D. OTHER ITEMS OTHER ITEMS
1. Contract Award to Kumin and Associates for Archi- ARCHITECTURAL
tectural Services on Kodiak High School Code Remodel. SERVICES AWARD
HIGH SCHOOL CODE
BARKER, moved to award contract to UPGRADE
seconded by STEVENS Kumin Associates for $13,000
for architectural services
on Kodiak High School Code
Remodel.
Assemblyman Austerman noted that this project was in two phases
and this $13,000 was the first phase.
VOTE ON MOTIOlj.TO AWARD
Ayes:
Austerman, Barker, Gregg,
McFarland, Stevens, White
Noes: None
MOTION CARRIED Unanimous
2. Amendment to Selberg Associates For Technical
Assistance Study at East Elementary School.
moved to approve amendment
in the amount of $8,900 to
Selberg and Associates for
extra services for East
Elementary School.
At the request of the presiding officer, Mayor Selby explained
that the assembly had accepted a grant of $8,900 from the State
of Alaska to do an energy audit of the existing East Elementary
School. He said after the audit was completed, the borough would
be eligible to apply for additional grant funds for items like
new thermopane windows, additional installation, etc. to increase
energy efficiency in the building.
moved to amend by adding the
wording "the funds will be
provided by Grant
ATN 87- 0192."
RESOLUTION
NO. 87 -71 -R
ORDINANCES FOR
INTRODUCTION
ORDINANCE
NO. 87 -34 -0
AMENDMENT FOR
TECHNICAL ASSIST-
ANCE STUDY - EAST
ELEMENTARY SCHOOL
Kodiak Island Borough
Regular Assembly Meeting
VOTE ON MOTION TO AMEND NEW BUSINESS
Ayes: Barker, Gregg, McFarland, AMENDMENT FOR
Stevens, Austerman, White TECHNICAL ASSIST-
ANCE STUDY - EAST
Noes: None ELEMENTARY SCHOOL
(continued)
MOTION CARRIED Unanimous
VOTE ON MOTION AS AMENDED
Ayes: Gregg, McFarland, Stevens,
Austerman, Barker, White
Noes: None
MOTION CARRIED Unanimous
3. John J. Eufemio Request For Adjustment Of Payment
For Easement.
GREGG,
seconded by MCFARLAND
VOTE ON MOTION TO APPROVE
Ayes:
Noes:
McFarland
MOTION FAILED 1 Aye, 5 Noes
INFORMATIONAL MATERIALS (No action required)
A. MINUTES OF OTHER MEETINGS
MINUTES OF OTHER
1. Architectural Review Board Minutes of February 10, MEETINGS
1987, March 25, 1987, and May 20, 1987.
moved to approve an
additional payment of $1,820
for an easement to
John Eufemio.
Stevens, Austerman, Barker,
Gregg, White
2. K.I.B. School Board Minutes of September 28, 1987,
October 2, 1987 and October 19, 1987.
3. ' Economic Development Committee Minutes of
September 20, 1987.
B. REPORTS REPORTS
1. Status Reports - Community Development, Facilities
November 5, 1987
2. K.I.B. Financial Report for September, 1987.
K.I.B. School District Financial Report for
September, 1987.
C. OTHER
CITIZENS' anus CITIZENS' COMMENTS
Okey Chandler, explained the reasons why he requested the return
of the lot on Anton Larsen Island.
Wally Johnson said he hoped the assembly and the city council
could collectively agree on nine individuals to serve on the
Consolidation Committee to whom they would show consideration,
respect and trust to make a decision on what they think would be
best. He said he was offended about the one resolution being
available to the audience and a revised document before the
assembly. Regarding Resolution 87 -67 -R, he said the borough
could not charge the city of Kodiak five percent for collection
the property tax and quoted A.S. 29.35.170.
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REQUEST FOR
ADJUSTMENT OF
PAYMENT FOR EASMENT
INFORMATIONAL
MATERIALS
Page 8
Kodiak Island Borough
Regular Assembly Meeting
Roy Hoyt, referring to Resolution 87 -70 -R, thanked the assembly CITIZENS'
for their consideration. He proceeded to explain his plans for COMMENTS
development of Lot 9, Block 2 on Anton Larsen Island which he was
purchasing from Mr. Chandler.
ASSe rYNS[7'S COMM r'S
Assemblyman Austerman concurred with Wally Johnson's comment
about the material given to the public and the items on the
agenda. He didn't feel substitution of resolutions /ordinances
should be made before the meeting. Also, he said business
considerations were going to prevent him from attending the
Alaska Municipal League meeting in Anchorage.
Assemblyman Gregg suggested any amended resolution /ordinance be
clearly marked with the word 'amended" and the date of the
amendment noted on it to prevent confusion. Regarding the
Consolidation Committee, he said the assembly was committed to
financial backing and he thought a draft budget for travel, legal
fees, etc should be drawn up. Since the present borough attorney
is living in Seattle, he wondered if some action was going to be
taken about designating a firm to represent the borough in
litigation and a second firm designated for the staff to refer to
with municipal questions. He spoke regarding the assembly agenda
deadlines and guidelines.
Assemblyman Stevens suggested policies be drawn up at the January
planning session on an agenda cut off date, duties of c_esiding
officer and deputy presiding officer, etc.
Mayor Selby said he had a concern with a cumbersome bureaucracy
that could not act in less than two months when responding to
items brought before the assembly. He preferred to see the
borough government to be responsive to needs as they were
presented.
A discussion followed between assemblymembers regarding agenda
deadlines.
Assemblyman White said he was probably at fault over the
confusion about the Consolidation Committee resolution and he
apologized to the public.
ADJOURNMENT
There being no further business to come before the assembly,
the meeting adjourned at 9:35 p.m.
ATTEST:
\
Borough rk
siding Officer
November 5, 1987
Page 9
ASSEMBLYMEN'S
COMMENTS
ADJOURN::ENT
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