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1981-06-04 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY MEETING - JUNE 4, 1981 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER The meeting was called to order by Mayor Ogg at 6:40 P.M. in the Borough Assembly Chambers. II ROLL CALL Present Mr. Anderson Mr. Arndt Mr. Herrnsteen Mr. Murray Mr. Peotter Mr. Wakefield Mr. White Mayor Ogg A quorum was established. III ACCEPTANCE OF AGENDA The Chair added two items under COMMUNICATIONS & APPEARANCES: E. Letter from KIBSD /Noreen Thompson F. Letter of resignation / P & Z Commissioner and under PUBLIC HEARINGS: G-1. Res. No. 81-31-R. Mr. Peotter requested Executive Session be added under Managers Report. The agenda was accepted with the additionG without objection. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - May 7, 1901 B. Assembly - Emergency - May 21, 1931 Mr. Peotter moved to accept Items A & B Motion carried with no objection. V MINUTES OF OTHER MEETINGS A. KIBSD - Reg. - April 27, 1931 Reg. - May 11, 1981 B. Mental Health - April 22, 1981 C. P & Z Reg. - April 15, 1931 D. Health Resources - Reg. - April 1, 1981 .E. O.C.S. - Reg. - March 19, 1981 Seconded by Mr. Wakefield. Mr. Peotter moved to acknowledge receipt of Items A, B, C, D & E. Seconded by Mr. Wakefield. Motion carried with no objection. VI COMMUNICATIONS & APPEARANCES A. P & Z Representative Mr. Ron Ball was present to answer questions. B. Health Resources Council Appointment (Consumer Position) Mayor Ogg read Carol White's letter of resignation and directed the Clerk to write a letter of appreciation and also send a Certificate of Appreciation to her. The Chair appointed Hazel Jones to fill the unexpired vacancy. Mr. Anderson moved to ratify the appointment. Seconded by Mr. Peotter. Motion carried with no objection. C. Memo re: O.C.S. Recommendations KIB ASSEMBLY MEETING 4) Jupe 41, i?81 PAGE 2 Wayne Marshall: (KANA) The Board of Directors reviewed the proposed notice sale of Lease Sale #60 and they asked me to make you aware of their recommendation. They found the proposed notice of sale not to be in their best interest. They are going to make a recommendation to the State of Alaska that they file suit against the Dept. of Interior to have all tracts within the Shelikof Straits deleted and to request that the lease sale stipulation requested by the State of Alaska be specifically mentioned in the lawsuit and that they be included in any lease sale should it proceed. KANA would like the KIB to reassert their position of being in opposition to the sale, particularly the drilling in the Shelikof Straits area and perhaps follow the same note as KANA of requesting the State to file suit to insure that the State stipulations requested will be followed. Tom Peterson: (Chairman "post -facto" of O.C.S. Advisory Council) I wish to object to the Assembly for what the Executive Committee has recommended. If we change the position at this time we've jeopardized all the work we've put in the past. (1) Ca1T for Areas of Interests and Comments, Upland Oil & Gas Leasing, U.S. Dept. of Interior Mr. Wakefield moved that the Borough object to Upland Oil & Gas lease sale at this time. Seconded by Mr. Herrnsteen. Motion carried 5-2 with Mr. Arndt and Mr. Murray casting NO votes. (2) OCS, Lower Cook Inlet/Shelikof Strait, Proposed Oil & Gas Lease Sale 60, U.S. Dept. of the Interior Mr. Murray moved to concur with the Executive Committees' recommendation and reiterate our position as it has been expressed. Seconded by Mr. Arndt. Mr. Herrnsteen moved to amend the motion to join KANA in their response towards the State and support them in this attempt. Seconded by Mr. Wakefield. Amendment carried by unanimous voice vote. Main motion as amended carried by unanimous voice vote. D. Memo re: CZM Adoption Process & Funding Mr. Anderson moved to follow Ms. Freed's recommendations. (Recommended that the KIB pursue state & federal adoption of the district coastal management plan when it is complete.) Seconded by Mr. Herrnsteen. Unanimous roll call vote. E. Letter from KIBSD / Noreen Thompson Work Session with KIBSD on June 8th in the conference room. F. Letter of Resignation / P & Z Commissioner The Chair accepts the resignation of Deborah Walser as of June 24, 1981. The Clerk was requested to advertise the vacancy. VII PUBLIC HEARINGS A. Ord. No. 81-10-0 Providing For Negotiated Lease Of Borough Owned Real Property (Tabled) 1r. Anderson moved to delete this item from the agenda. Seconded by Mr. White. Motion carried with no objection. B. Ord. No. 81-19-0 Amending The Class Title And Pay Range Table Of The KID Personnel Rules And Regulations Mr. Peotter moved to acopt Ordinance No. 81-19-0. Seconded by Mr. Herrnsteen. Regular Session closed: Public Hearing opened: Lorna Arndt: (Chairman of Personnel Board) The Personnel Board recommends passage of this. KIBr'i1SSRMBLY I1tETING `? Ane `$, T931` PAGE 3 Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. C. Ord. No. 81-20-0 Revising The Kodiak Island Borough Municipal Code Title 3 Mr. Peotter moved to adopt Ordinance ;Jo. 81-20-0. Seconded by Mr. Herrnsteen. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. D. Ord. No. 81-21-0 Amending Ord. No. 79-1-0, Which Rezoned Lots 12 through 19, Blk.2, And Lots 9 through 16, Blk. 3, Allman Subd. (Addition) From R-1 Residential To B-Business, With Special Limitations, To Remove The Special Limitations (Bors & Furin) Mr. Herrnsteen moved to adopt Ordinance No. 81-21-0. Seconded by Mr —White. Regular Session closed: Public Hearing opened: James Garoutte: objected George Wolkoff: definitely against Public Hearing closed: Regular Session opened: Motion carried 6-1 with Mr. Wakefield voicing objection. E. Ord. No. 81-22-0 Amending The Schedule Relating To Pay Ranges And Class Titles For Employees Of KIB And Providing An Effective Date Mr. Peotter moved to adopt Ordinance No. 81-22-0. Seconded by Mr. ,Arndt. Regular Session closed: Public Hearing opened: Lorna Arndt:(Chairman of Personnel Board) against 4% or less. Public Hearing closed: Regular Session opened: Mr. Murray moved to amend the first paragraph changing 4% to 3% and in the second paragraph making it effective from July 1, 1981 through June 30, 1982. Seconded by Mr. Arndt. Amendment carried 5-2 with Mr. Anderson and Mr. Wakefield casting the NO votes. Motion as amended carried 5-2 with Mr. Anderson and Mr. Wakefield casting the NO votes. F. Ord. No. 81-23-0 Amending The Class Title And Pay Range Table Of The KIB Personnel Rules And Regulations Mr. Peotter moved to adopt Ordinance No. 81-23-0. Seconded by Mr. Anderson. Regular Session closed: Public Hearing opened: Lorna Arndt: (Chairman of Personnel Board) recommend it be passed as presented. Public Hearing closed: Regular Session opened: Mr. Herrnsteen moved to amend by deleting Borough Clerk under Section 1 and the last sentence under Section 3. Seconded by Mr. Arndt. Amendment failed 3-4 with Mr. Arndt, Mr. Herrnsteen and Mr. Peotter casting the YES votes. KIB ASSEMBLY FLEETING - June 4, 1981 Ilan! Mr. Herrnsteen moved to table Ordinance No. 81-23-0 to the next work session. Seconded by Mr. Anderson. Unanimous voice vote. Mr. Peotter moved to direct the Manager, Finance Officer and Clerk to define a procedure whereby purchase orders and handling of purchase orders are confirmed to do away with some of the confusion that currently exists. Seconded by Mr. Anderson. Unanimous voice vote. G. Ord. No. 81-24-0 Fiscal Year 81-82 Budget Mr. Peotter moved to adopt Ordinance No. 81-24-0. Seconded by Mr. White. Regular Session closed: Public Hearing opened: Carol Larnbert:(Acting Director of Women's Resource Center) the Kodiak Women's Resource Center objects to the proposed KIB budget because our request for a grant from the general fund was completely denied. Carolyn Floyd:(Pres. of Kodiak Community College) with our budget request being reduced it would necessitate our reduction of services that we offer in the non-credit programs. Ruth St Clair:(Volunteer & Vice-Pres. of Women's Resources Board of Directors) the citizenship of this community has learned that we are creditable in the services that we offer. Tamara Ferris: against cutting Women's Resource Center's budget. Since I am new to Kodiak, having that center available to me has been one of the greatest services Kodiak could give me. Gabrielle Ledoux: (Attorney) the Women's Resource Center provides a vital service to this community. Therefore, I ask you to reconsider the Borough budget and look into your heart and dig into your pocketbooks to provide this money. Elaine Loomis: speaking as a citizen in support of their request for increased funding. Mark Routzahn: there is a strong, strong necessity for the transportation to and from the villages. Jon Newstrom: another citizen looking for support for the Women's Resource Center's budget. Ruth Gordon: would like to encourage you to keep the funding up for the college. Fran Wessling: I feel it's important that the local government demonstrates support for us by assisting the Kodiak Women's Resource Center in meeting our funding needs. Public Hearing closed: Regular Session opened: Mr. Arndt moved to amend by substitution with the revised budget. Seconded by Mr. Peotter. Unanimous voice vote. The Chair ruled to have a public hearing on the section within the revised budget on revenue sharing. Regular Session closed: Public Hearing opened: Gardner Howes:(Director of Channel 13) request that the Borough allocate from the federal revenue fund to Kodiak Community College the amount of :p10,895 for the purchase of a piece of equipment called "the director". Carol Lambert:(Acting Director of Women's Resource Center) the amount of money that has been allocated under federal revenue sharing_ is what we would like to maintain as it is and not see cuts in. Jim Olson:(member of board of Kodiak Council on Alcoholism) would like to reiterate our request under the federal revenue sharing fund as you have it noted. Public Hearing closed: Regular Session opened: Mr. Anderson moved to set the budget aside for a period of one week until the Finance Officer can get the resolution drawn up and have one work session in between then to discuss federal revenue sharing. Seconded by Mr. White. !KIBjASSEMBLY ttEETINGI- U614,1921 PAGE 5 Mr. Peotter moved to amend by substitution the date of June 10 at noon. Seconded by Mr. Wakefield. Amendment failed by unanimous voice vote. The main motion unamended failed unanimously. Mr. Herrnsteen moved to table Ordinance No. 81-24-0. Seconded by Mr. White. Motion carried 5-2 with Mr. Murray and Mr. Wakefield opposed. G.-1. Resolution No. 81-31-R Mr. Peotter moved to table. Seconded by fair. Herrnsteen. Motion carried by unanimous voice vote. VIII OLD BUSINESS A. Ord. No. 81-9-0 Rezoning Approximately 46 Acres +Within USS 2539 From Conservation To Industrial (Koniag, Inc.)(Tabledj Mr. Wakefield moved to remove from the table. Seconded by Mr. Herrnsteen. Motion carried by unanimous voice vote. Mr. Anderson moved to amend by deleting Section 3 from this ordinance. Seconded by Mr. Wakefield. Mr. Herrnsteen moved to amend by substitution to add Section 4. This ordinance shall take effect on the thirty-first (31st day following passage and approval, provided that, if the owner of the parcel desc in paragraph 2 has not. by that time. executed and delivered to the Borough Clerk a legally binding limitation on the use of the parcel in accordance with Section 3, this ordinance shall not take effect and shall be null and void. Seconded by Mr. Peotter. Amendment failed 3-4 with Mr. Herrnsteen, Mr. Murray and Mr. White casting the YES votes. Amendment deleting Section 3 carried 4-3 with Mr. Herrnsteen, Mr. Murray and Mr. White casting the NO votes. (Mr. Wakefield moved to adopt Ord. No. 81-9-0. Seconded by Mr. Anderson.) Main motion as amended carried 4-3 with Mr. Herrnsteen, Mr. Murray and Mr. White casting the NO votes. B. CZM Goals & Objectives Mr. Herrnsteen moved to approve the Goals and Objectives in the Kodiak Island Borough Phase I Coastal Management document dated May 26, 1981. Seconded by Mr. White. Mr. Peotter moved to amend by deleting on page 1 under GOALS 2.a. & b. and the letter c.. Seconded by Mr. White. Amendment carried 5-2 with Mr. Herrnsteen and Mr. Wakefield casting the NO votes. Mr. Peotter moved to amend by deleting on page 3 and 4 sections a. & b. and the letter c.. Seconded by Mr. Arndt. Amendment carried 6-1 with Mr. Wakefield casting the NO vote. Mr. Herrnsteen moved to amend on page 7 under Energy Development 1.a. in the first sentence by adding OCS onshore oil and gas exploration after the word "siting" and delete sections b. and c.. Seconded by Mr. Arndt. Amendment carried by unanimous voice vote. Mr. Wakefield moved to amend on page 6 by adding 8. Promote development and maintenance of a fish hatchery at the Terror Lake Hydroelectric Project in Kizhuyak Bay under FISHERIES. Seconded by Mr. Herrnsteen. Motion failed 3-4 with Mr. Anderson, Mr. Herrnsteen and Mr. Wakefield casting the YES votes. The main motion as amended carried by unanimous voice vote. IX MANAGERS REPORT 1. Certificate of Appreciation Re: CE II Program No Action Taken. 2. KIBSD Request for Joint Work Session Action taken under COMMUNICATIONS & APPEARANCES. KIB'IASSEMBLY MEETING'} J�ne'`A, 398f PAGE 6 3. KIBSD Request for Purchase of Chiniak Trailer for Teacher Housing Mr. Anderson moved to exercise the option. Seconded by Mr. Wakefield. Motion carried 6-1 with Mr. Herrnsteen opposing. 4. P-1 Sale (Block 3, Tract A, Bells Flats AK Subd.) The Chair will entertain a motion that Mr. Brechan's Development Plan is an acceptable plan for the purpose of the sale of P-1. Mr. Anderson so moved. Seconded by Mr. Peotter. Mr. White moved to amend by the addition of 1. a. on page 2 will say 1981 - 82 The planting of trees along U ak and the erection of a fe econ e y Mr. Herrnsteen. Amendment carried 4-3 with Mr. Arndt, Mr Murray and Mr. Peotter casting the NO votes. (Main motion as amended carried 6-1 with Mr. White casting the NO vote. Mr. Peotter moved to go into Executive Session to discuss legal matter and some matters of personnel. Seconded by Mr. Herrnsteen. Unanimous voice vote. Mr. Peotter reported out of Executive Session : (LEGAL) We are facing temporary restraining order regarding some litigation and we have given the attorney directions to follow regarding the litigation. (PERSONNEL) The Assembly has negotiated with Mr. Hansen so that when the new manager comes on board Mr. Hansen will be available as a consultant at a $40 an hour rate when he is in the building and $10 per telephone consultation. The Chair will direct to jump ahead to NEW BUSINESS and return to the Managers Report tomorrow. X NEW BUSINESS F. Resolution No. 81-30-R Authorizing A One Time (Single Year) Reduction To Property Taxes Mr. Anderson moved to adopt Resolution No. 81-30-R. Seconded by Mr. Wakefield. Mr. Murray moved to amend the resolution by putting the amount of 1.5 mills in paragraph 4. Seconded by Mr. Wakefield. Amendment carried by unanimous voice vote. Main motion as amended carried unanimously. G. Recommendation For Bid Awards / Borough Vehicles Mr. Murray moved to accept the Staff's recommendation for award of one bid in the amount of $7,215.25 to Berg Motors for a (J Ton Van and the other bid in the amount of $20,472.00 to Kodiak Motors for three (4)-Door Escort Wagons. Seconded by Mr. Herrnsteen. Motion carried with no objection. (IX ?MANAGERS REPORT) 10. Borough/State Land Settlement Mr. Peotter moved that the Manager be authorized to deliver and execute the Agreement of Settlement and Consent Decree with the State regarding land settlement. Seconded by Mr. Arndt. Unanimous voice vote. Mayor Ogg recessed the meeting until 7:30 P.M. on Friday, June 5, 1981.