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08/30/1990 SMKODIAK ISLAND BOROUGH Special Assembly Meeting August 30, 1990 A special meeting of the Kodiak Island Borough REGULAR MEETING Assembly was held August 30, 1990 in the Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:35 p.m. There were present: ROLL CALL Lorne White, Presiding Alan Austerman Mary Monroe Bob Shuttlesworth Tom Merriman Gary Stevens absent: Jack McFarland (excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Gaye J. Vaughan, Borough Clerk Donna F. Smith, Deputy Clerk ORDINANCE FOR INTRODUCTION ORDINANCE FOR INTRODUCTION 1. Ordinance No. 90-24 Appropriating $295,000 ORDINANCE to the State of Alaska for Repair of NO. 90-24 Rezanof Drive. This ordinance would effect project level changes in the 1990 budget to include a $295,000 expenditure to the State of Alaska Department of Transportation for essential and necessary road repairs on Rezano£ Drive. SHUTTLESWORTH, moved to adopt seconded by MONROE Ordinance No. 90-24 in first reading. At Assemblymember Monroe's request, Mayor Selby recapped the history of the request caused by the state budget cuts of Governor Cowper. He said because inadequate funds are available, the DOT had requested $295,000 each from the City of Kodiak and the Kodiak Island Borough to supplement the $250,000 the State Department of Transportation was funding. Assemblymember Merriman agreed that the road needed repair immediately, but he does not foresee any way the monies can be recouped from the state. He said special Assembly Meeting Volume XIII August 30, 1990 Page 166 since the road is the state's responsibility, wording should be considered or a plan formulated to recover the monies at a later time. (Assemblymember Stevens arrived at 7:38 p.m.) Assemblymember Monroe asked if there was a possibility of a supplemental state budget. Mayor Selby said that is doubtful. He suggested wording be added to the ordinance to recover the monies assuming the oil revenues stay high and there was a surplus of funds. He felt it was not unreasonable to ask for a supplemental if the governor put the funds back but colleagues in Juneau would have to convinced. Assemblymember Merriman's understanding was that the only way funding could be obtained was to wait until 1992. Mayor Selby said that DOT has had the project on the "wish list" for several years. He said the current CIP list showed the 1992 date. Assemblymember Stevens referred to a letter from the assembly's attorney, and he questioned the fact that the borough has no road powers, spending of area wide money, and no loaning power. Mayor Selby pointed out this was being done under economical development. He said that the borough was giving a grant to the state. He continued that the borough was not using any general tax -raised dollars because the funds are coming from an asbestos suit award and land sale funds, which are funds used at the discretion of the assembly. Assemblymember Stevens asked Mayor Selby if the funds are needed elsewhere. Mayor Selby replied that the funds being used are not general funds. Presiding Officer White instructed the staff to write new language for the ordinance for the public hearing on September 6, 1990. Assemblymember Shuttlesworth reminded all of the condition of Mill Bay Road. He cannot forsee driving Rezano£ Drive in that condition for two more years. VOTE ON MOTION Ayes: Noes: MOTION CARRIED Special Assembly Meeting August 30, 1990 Hancock, Merriman, Monroe, Shuttlesworth, Stevens, White None Unanimous Volume XIII Page 167 OTHER ITEM 1. Approval of Agreement with State of Alaska for Rezanof Drive Road Project. MERRIMAN, seconded by SHUTTLESWORTH moved to approve agreement with the State of Alaska for the Rezanof Drive road project. Assemblymember Merriman proposed addition of wording affecting the agreement between the borough and the state. Mayor Selby said the agreement only dealt with the actual construction work, identified the project coordinator, and how the money would be spent; therefore, not the document to change. Assemblymember Stevens questioned being able to agree to the agreement until the ordinance was passed. He was not willing to approve an agreement prior to a public hearing. Mayor Selby reminded Assemblymember Stevens that the state was awarding the bid tomorrow. He suggested changing the ordinance to an emergency ordinance and appropriate the funding immediately. After discussion, the consensus of the assembly was not to change the ordinance to an emergency ordinance. Mayor Selby also reminded the assembly that the City of Kodiak had appropriated their share of the monies in action taken last night and signed the contract. Assemblymember Stevens stated the assembly was elected to do actions in a legal and proper way. STEVENS, seconded by MERRIMAN VOTE ON MOTION TO AMEND MOTION CARRIED special Assembly Meeting August 30, 1990 moved to amend by moving #8 to #9 and adding as #8 "This agreement subject to passage of Ordinance No. 90-24 on September 6, 1990." Unanimous voice vote OTHER ITEM AGREEMENT Volume %III Page 168 VOTE ON MOTION TO APPROVE AS AMENDED Ayes: Noes: MOTION CARRIED CITIZENS' COMMENTS Merriman, Monroe, Shuttlesworth, Stevens, Hancock, White None Unanimous Scott Thompson agreed that the road needed repair but did not appreciate his tax dollars given to the State of Alaska for road maintenance. He suggested legal wording demanding return of funds, loaning funds to the city for the entire project, or suing the state. For the record, he was totally opposed and wanted it very clear a recourse to recover the monies would be taken. ASSEMBLYMEN'S COMMENTS Assemblymember Stevens would feel more comfortable meeting with the attorney, and Assemblymember Monroe agreed. Although Assemblymembers Merriman and White are comfortable, Mayor Selby was instructed to set up a meeting. There being no further business to come before the assembly, the meeting adjourned at 8:08 p.m. ATTEST: Borough Clerk Special Assembly Meeting August 30, 1990 % ,Cl Pr"'ding Officer CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS Volume XIII Page 169