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03/21/1996 RMKODIAK ISLAND BOROUGH Regular Assembly Meeting March 21, 1996 A regular meeting of the Kodiak Island Borough Assembly was held March 21, 1996 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 Steve Avery, Deacon at St. James the Fisherman Episcopal Church; followed by the Pledge of Allegiance. There were present: Gary Stevens, Presiding John Burt Robin Heinrichs Jack McFarland JOHNSON, seconded by MILLIGAN McFARLAND, seconded by MILLIGAN VOTE ON MOTION TO AMEND MOTION CARRIED VOTE ON MOTION TO APPROVE AS AMENDED MOTION CARRIED APPROVAL OP MINUTES A. Regular Assembly Meeting March 21, 1996 Suzanne Hancock Bob Johnson Mike Milligan comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith, CMC /AAE, Clerk APPROVAL OF AGENDA moved to approve the agenda -. moved to amend the agenda by adding number 15 Executive Session on Collective Bargaining and by adding an AAMC presentation under Awards and Presentations. Unanimous voice vote Unanimous voice vote K.I.B. Assembly Regular Meetings of February 15 and March 7, and Special Meeting of February 20, 1996. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XX1 Page 72 McFARLAND, seconded by MILLIGAN VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS A. Student of the Month Mayor Jerome Selby presented the Student of the Month Award to Robert Roy Chichenoff, a senior at Ouzin)tie School. B. Proclamation C. AAMC Presentation moved to approve the regular meeting minutes of February 15 and March 7 and special meeting minutes of February 20, 1996. Unanimous voice vote Mayor Selby proclaimed April 2, 1996 National Records Management Day, expressing appreciation to Jane Edmonds, records manager in the KIB Clerk's Office for the vital service provided to Borough government and its citizens. Ms. Edmonds accepted the proclamation and thanked the Assembly and Mayor for supporting an up -to -date records management program. Donna Smith, Borough Clerk, was administered the oath of office as President of the Alaska Association of Municipal Clerks by Marcella Dalke, City of Kodiak Clerk. Clerk Dalke also presented Clerk Smith with a pin signifying her acceptance into the International Institute of Municipal Clerks Academy of Advanced Education in the Certified Municipal Clerk's program. On behalf of the Assembly, Presiding Officer presented flowers to Clerk Smith. He wished in her endeavor to establish a comprehensive program for Alaska clerks. Stevens her well training CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. Regular Assembly Meeting March 21, 1996 AWARDS AND PRESENTATIONS STUDENT OF THE MONTH PROCLAMATION AAMC PRESENTATION CITIZENS' COMMENTS Volume }D11 Page 73 COMMITTEE REPORTS Assemblymember Hancock reported that the Solid Waste Management Task Force continued to meet. She said the number of issues to present to the Assembly were reduced, but meetings would continue on other items of concern. She said Peninsula Sanitation would make a presentation at the March 28 work session. Assemblymember Milligan reported on the Alaska Municipal League Transportation Committee teleconference where pre- income tax issues before the legislature were discussed. He noted that bills to allow municipalities to receive funding were of vital interest. He said the bills in the Senate may not be passed this session but laid the ground work for future legislatures. Assemblymember McFarland, Southwest Alaska Municipal Conference Transportation Committee chair, apologized to the community on the delay of the mustumena. He said the delay would not affect the Crab Festival but would affect the first Dutch Harbor trip and that impacted logistics for herring fishing. He would forward updates to the Assembly and Chamber of Commerce as they became available. Assemblymember Johnson contacted the Institute of Cultural Affairs that organized the 1976 town meeting. He proposed forming a committee as the Institute planned seminars in Anchorage in June. PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby congratulated Clerk Smith for Academy recognition and the office of AAMC president. While in Juneau, he heard indications that the fish and game and capital budgets would be cut. He met with legislators to discuss issues and to work to maintain Kodiak capital budget projects. He told of discussions to reduce job service positions in Kodiak and administrative actions to move the service to Anchorage and Juneau. He reported strong support to put highway tax funds in place as federal matching funds were not keeping pace with wear and tear of Alaskan Highways. Regular Assembly Meeting March 21, 1996 COMMITTEE REPORTS PUBLIC HEARING MESSAGES FROM MAYOR Volume XXI Page 74 Mayor Selby distributed the latest draft of the Magnusen Act reauthorization that would be heard in committee the next day. He reported that presently, the Senate bill was more favorable than the House bill. He noted that not everything in the bill would make it through committee because of attempts to reduce the language. He anticipated the Borough's language on national standards to go through committee without much challenge, as well as the moratorium on adding new IFQs to the system. He commended Senator Stevens and staff, and Trevor McCabe, for their great work on the Magnusen Act. He announced receipt of the $150,000 in settlement funds that was comprised of the Alyeska settlement and the Trans Alaska Pipeline Liability. He saidtthe total received to date, $1.4 million, approximated the amount the Borough lost in uncollected raw fish tax during the summer of 1989. He noted that Washington, D.C. lobbyist, Brad Gilman, continued to work with the IFQ delegation on the Magnusen Act. OLD BUSINESS OLD BUSINESS None. NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS None. B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 96 -08 Establishing Board of RESOLUTION Equalization Dates for the Year 1996. NO. 96 -08 Presented for consideration was Resolution No. 96 -08 that, if adopted, established the 1996 Board of Equalization hearing date as Tuesday, May 14, 1996 at 7:30 p.m. JOHNSON, moved to adopt seconded by MILLIGAN Resolution No. 96 -08. Mayor Selby noted the resolution was a housekeeping measure required by Alaska Statutes. He urged property owners to contact the Assessor if they felt errors in assessments were made. Regular Assembly Meeting March 21, 1996 Volume XXI Page 75 VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous 2. Resolution No. 96 -09 Approving and RESOLUTION Authorizing Execution of Exxon Valdez oil NO. 96 -09 Spill Litigation Partial Settlement and Release Agreement. Presented for consideration was Resolution No. 96 =09 that, if adopted, authorized the Mayor to execute a Partial Settlement and Release Agreement and other documents relating to the settlement between Exxon and the Kodiak Island Borough. McFARLAND, seconded by MILLIGAN Mayor Selby said the agreement was due to the out of court settlement portion of the lawsuit. He said Exxon agreed to pay the funds and the Borough agreed to the settlement. In response to Assemblymember Burt, Mayor Selby said funds would be distributed based on the matrix and the percentage used in the matrix would not change. VOTE ON MOTION TO ADOPT Ayes: Hancock, Heinrichs, Johnson, McFarland, Milligan, Burt, Stevens Noes: None MOTION CARRIED Unanimous voice vote 3. Resolution No. 95 -07D Amending Resolution RESOLUTION No. 95 -07 Establishing Fees of the Kodiak NO. 95 -07D Island Borough to Waiver Fees for Disposal or Junk Vehicles During Spring Clean -up. Presented for consideration was Resolution No. 95 -07D that, if adopted, waived the fifty dollar metal disposal fee, waived the thirty dollar towing fee, and discounted commercial fees fifty percent. Regular Assembly Meeting March 21, 1996 Burt, Hancock, Heinrichs, Johnson, McFarland, Milligan, Stevens moved to adopt Resolution No. 96 -09. Volume XXI Page 76 HEINRICHS, moved to adopt seconded by MILLIGAN Resolution No. 95 -07D. In response to Assemblymember Burt, Mayor Selby said the resolution would not affect the Borough towing contract for abandoned vehicles. Assemblymember Hancock suggested that announcements in English, Tagalog and Spanish be placed on bulletin boards in addition to the newspaper and radio. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Unanimous 4. Resolution No. 96 -10 Authorizing the RESOLUTION Execution of the Master Equipment Lease/ NO. 96 -10 Purchase Agreement (Contract No. 95 -66) for the Kodiak Island Hospital By and Between the Borough and National Bank of Alaska Leasing Corporation and Providing for Related Matters. Presented for consideration was Resolution No. 96 -10 that, if adopted, authorized the final lease /purchase agreement with the National Bank of Alaska for equipment for the Kodiak Island Hospital. McFARLAND, seconded by MILLIGAN McFARLAND, seconded by JOHNSON VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED Regular Assembly Meeting March 21, 1996 Heinrichs, Johnson, McFarland, Milligan, Burt, Hancock, Stevens None moved to adopt Resolution No. 96 -10. moved to amend Resolution No. 96 -10 by renumbering to Resolution No. 96 -11. Johnson, McFarland, Milligan, Hancock, Heinrichs, Stevens Burt 6 Ayes, 1 No Volume XX1 Page 77 Assemblymember Hancock said the "Commitment to Caring" campaign was attempting to raise funds that were not in hand. She contended that equipment should be purchased with cash on hand. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: 1. Appointment to Board /Building HEINRICHS, seconded by MILLIGAN VOTE ON MOTION TO APPOINT Ayes: Noes: MOTION CARRIED McFARLAND, seconded by MILLIGAN Regular Assembly Meeting March 21, 1996 McFarland, Milligan, Heinrichs, Johnson, Stevens Noes: Burt, Hancock MOTION CARRIED 5 Ayes, 2 Noes C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS the Architectural Review Code Board of Appeals. moved to appoint Jeff LeDoux to a seat on the Architectural Review Board /Building Code Board of Appeals for a - term to expire December 31, 1998. Milligan, Burt, Hancock, Heinrichs, Johnson, McFarland, Stevens None Unanimous 2. Appointment to the Citizens Board of Equalization. moved to appoint Steve Jensen to a seat on the Citizens Board of Equalization and Cheryl McNeil to the alternate seat for terms to expire December 31, 1998. ORDINANCES FOR INTRODUCTION OTHER ITEMS APPOINTMENT TO ARCHITECTURAL REVIEW BOARD APPOINTMENT TO CITIZENS BOARD OF EQUALIZATION Volume XXI Page 78 VOTE ON MOTION TO APPOINT Ayes: Noes: None MOTION CARRIED Unanimous McFARLAND, seconded by HEINRICHS VOTE ON MOTION TO APPOINT 3. Appointment to the Airport Advisory Committee. Regular Assembly Meeting March 21, 1996 Burt, Hancock, Heinrichs, Johnson, McFarland, Milligan, Stevens moved to appoint Robert B. Wilson Jr. to a seat on the Airport Advisory Committee for a term to expire December 31, 1998. Ayes: Hancock, Heinrichs, Johnson, McFarland, Milligan, Burt, Stevens Noes: None MOTION CARRIED Unanimous 4. Vacation of a Portion of Anna Way Right -of- VACATION Way. (Located on Spruce Island) MILLIGAN, moved to vacate a seconded by HEINRICHS portion of Anna Way right -of -way, located on Spruce Island. Assemblymember McFarland clarified that the location was in Pleasant Harbor. Assemblymember Heinrichs noted that the Planning and Zoning Commission approved the vacation. In response to Assemblymember McFarland, Mayor Selby explained that the vacation was a realignment of part of an existing road into the right -of -way to gain access to two parcels. He added that the topography controlled where the road was built. APPOINTMENT TO AIRPORT ADVISORY COMMITTEE Volume XXI Page 79 VOTE ON MOTION Ayes: Heinrichs, Johnson, McFarland, Milligan, Burt, Hancock, Stevens Noes: None MOTION CARRIED Unanimous INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS 1. Personnel Advisory Board Meeting of November 8, 1995. B. REPORTS 1. Kodiak Island Borough February 1996 Financial Report. 2. Engineering /Facilities Department March 1996 Status Report. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Johnson congratulated Roy Chichenoff as student of the month and Donna Smith. He was glad that Clerk Smith's son had a successful surgery. Assemblymember Hancock congratulated Roy Chichenoff and Clerk Smith. Assemblymember Heinrichs congratulated records manager Jane Edmonds and appreciated that Borough records were well maintained and easily accessible. He congratulated Clerk Smith and said her appointment as AAMC president spoke well of the Borough. Assemblymember McFarland echoed Assemblymember Heinrich's comments. He congratulated Roy Chichenoff and remembered the quality reports he prepared. Assemblymember Milligan congratulated Roy Chichenoff and Clerk Smith. He encouraged the public to vote in the Kodiak Electric Association election. He knew of Regular Assembly Meeting March 21, 1996 INFORMATIONAL MATERIALS MINUTES OF OTHEF MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXI Page 80 many issues for debate on the Four -Dam Pool. He saw KEA's annual meeting as a good community gathering. Presiding Officer Stevens personally thanked Steve Hobgood, Engineering /Facilities Department director, for replacing the microphone light on the dias. 16. EXECUTIVE SESSION Collective HEINRICHS, moved to convene into Bargaining seconded by MILLIGAN executive session to discuss collective bargaining agreement. Mayor Selby said Bob Larson, IBEW representative,' asked to participate in the executive session. The Assembly consented. VOTE ON MOTION TO CONVENE Ayes: A. Collective Bargaining. Noes: Heinrichs MOTION CARRIED 6 Ayes, 1 No Presiding Officer Stevens announced that no action was anticipated as a result of the executive session. At 8:31 p.m. Presiding Officer Stevens recessed the regular meeting and convened the executive session. At 9:11 p.m. Presiding Officer Stevens reconvened the regular meeting. McFARLAND, moved to adjourn. ADJOURNMENT seconded by BURT VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote Regular Assembly Meeting March 21, 1996 Johnson, McFarland, Milligan, Burt, Hancock, Stevens EXECUTIVE SESSION Volume XXI Page 81 There being no further business to come before the Assembly, the meeting adjourned at 9:12 p.m. 4 ATTEST: DC71nt Y- �tr/f Donna F. Sm CMC /AAE Borough Clerk Approved: 04 /04/96 Regular Assembly Meeting March 21, 1996 Gard L. Stevens Presiding Officer Volume XXI Page 82