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1992-08-06 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting August 6, 1992 A regular meeting of the Kodiak Island Borough Assembly was held August 6, 1992 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 Pastor Mark Houglum of St. Paul Lutheran Church, followed by the Pledge of Allegiance. There were present: ROLL CALL Jack McFarland, Presiding Betty Fitzjearl Gordon Gould Suzanne Hancock Mary Monroe Gary Stevens absent: Mike Milligan comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Donna Smith, Borough Clerk Judi Nielsen, Borough Deputy Clerk Assemblymember Mike Milligan was on vacation and asked to be excused. STEVENS, moved to excuse seconded by MONROE Assemblymember Milligan. VOTE ON MOTION MOTION CARRIED Unanimous voice vote APPROVAL OF AGENDA AND CONSENT AGENDA STEVENS, moved to approve seconded by GOULD agenda and consent ..a_ a y ^21...a Mayor Selby requested that the agenda be amended. He explained that the Borough attorney reviewed the proposed new Local Boundary Commission regulations on consolidation and recommended that Resolutions No. 92 -35 and 92 -36 be replaced with Resolution No. 92 -37. Regular Assembly Meeting August 6, 1992 KIBS104793 REGULAR MEETING APPROVAL OF AGENDA AND CONSENT AGENDA Volume XV Page 201 STEVENS, seconded by GOULD moved to amend agenda by removing Resolution No. 92 -35 "Establishing a Consolidation Charter Commission" and Resolution No. 92 -36 "Calling for the Nomination of Candidates for a Consolidation Charter Commission and Setting Forth Filing Deadlines and Procedures for Making Nominations" and adding Resolution No. 92 -37 "Authorizing the Preparation of a Consolidation Petition" to New Business, Resolutions, as number 8 and Ordinance No. 92 -16 "Placing the Question of Extending the Womens Bay Service District Area on the October 6, 1992 Ballot" to New Business, Ordinances for Introduction, as number 5. Assemblymember Fitzjearl explained she had requested that Ordinance No. 92 -16 be added to the agenda in order to place the question of extending the Womens Bay Service Area boundaries on a ballot to allow public vote on providing maintenance of an easement that was used to access three homes in the service area. Clerk Smith read the items on "Consent Agenda ". VOTE ON MOTION TO AMEND Ayes: Fitzjearl, Gould, Hancock, Monroe, Stevens, McFarland Noes: None Absent: Milligan MOTION CARRIED Unanimous Regular Assembly Meeting August 6, 1992 KIBS104794 Volume XV Page 202 VOTE ON MOTION TO APPROVE AS AMENDED Ayes: Noes: Absent: MOTION CARRIED APPROVAL OF MINUTES Gould, Hancock, Monroe, Stevens, Fitzjearl, McFarland None Milligan Unanimous A. K.I.B. Assembly regular meetings of June 4 and July 2, and special meeting of June 22, 1992. KIB Assembly regular meeting minutes of June 4 and July 2, and special meeting minutes of June 22, 1992 were approved under "Consent Agenda ". AWARDS AND PRESENTATIONS A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month award to Laura Merritt, secretary I in the General Administration Department. He presented the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association to Karl Short, Finance Director. He informed the Assembly that the Borough's financial accounting system had been recognized for four consecutive years. CITIZEN COMMENTS A. Agenda Items Not Scheduled For Public Hearing Jim Bruskotter, KMXT boardmember, urged support of Resolution 92 -33. Bill Farling, Womens Bay Service District Area Advisory boardmember, supported adoption of Ordinance No. 92 -16. He gave a history of the use of the old Army trail - -- - - - -- as access to the properties. He said adoption of the ordinance would answer the question of whether or not the road should be maintained. Assemblymember Fitzjearl expressed concern that Ordinance No. 92 -16 entailed a larger area than she originally proposed and felt that Lash Dock should not be included in the final draft. Regular Assembly Meeting August 6, 1992 KIBS104795 APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH CERTIFICATE OF ACHIEVEMENT CITIZEN COMMENTS Volume XV Page 203 Mayor Selby explained that he checked with Mr. Farling, who thought it was appropriate to include Lash Dock. Mr. Farling said that the issue was discussed by the Womens Bays Service Area Board and extending the service area to include Lash Dock would bring in additional tax dollars. He noted that including the fair grounds allowed for fire protection. Mr. Farling advised the Assembly that the Womens Bay Fire Department had responded to three fires at Lash Dock without compensation. Barry Still, Lash Corporation president, felt that Ordinance No. 92 -16 caused taxation without benefit of services. He noted that Lash Dock was served by the U.S.C.G. Fire Department and he was unaware of receiving services from the Womens Bay Fire Department. He added that there would be no road service needed. He contended that the ordinance intentionally deceived the public. He suggested throwing out the ordinance and any person involved in promulgating it. John Burt asserted that concerns of Bells Flats residents were not addressed by the ordinance. Pam Foreman, Kodiak Island Hospital and Care Center Human Resources Director, supported the new hospital being the number one priority on Resolution No. 92 -32. Scott Arndt, Service District No. 1 boardmemember, was surprised that Service District No. 1 was not in Resolution No. 92 -32 and felt it merited attention. He felt it was appropriate to add Service District No. 1 water and sewer service to the list as number nine because the new school and Monashka Bay did not have water and sewer service. Regarding Resolution No. 92 -31, Mr. Arndt contended that the cost of relocating the road would not exceed the figure presented for purchase of the existing property. He asserted that service district monies should not be used for acquisition of the property even for road right -of -ways. B. Items Other Than Those Appearing on the Agenda Clerk Smith read a letter from Ken Lester opposing Resolutions No. 92 -35 and No. 92 -36. He felt it was important to have two levels of local government and was concerned at the expense of an election. Regular Assembly Meeting August 6, 1992 KIBS104796 Volume XV Page 204 COMMITTEE REPORTS Jody Hodains, Planning & Zoning Commissioner, intended to keep the Assembly apprised of phases completed on the comprehensive plan and land disposal. 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. 91 -081 Amending Ordinance ORDINANCE No. 91 -08 FY92 Budget to Accept a Grant from the NO. 91 -08I State of Alaska in the Amount of $6,950 for Printing Two Hundred (200) Additional Copies of the Kodiak Island Borough Coastal Sensitivity Analysis. Presented for consideration was Ordinance No. 91 -08I which, if adopted, accepted grant funds from the State of Alaska for Kodiak Marketing and Consulting to print 200 copies of the Kodiak Island Borough Coastal Sensitivity Analysis. STEVENS, moved to adopt seconded by GOULD Ordinance No. 91 -08I. Mayor Selby explained that the original supply of the pamphlets was exhausted, and he felt it was beneficial to the public to provide additional copies. The Presiding Officer called for public testimony; there being none, the regular meeting was reconvened. VOTE ON MOTION Ayes: Noes: None Absent: Milligan MOTION CARRIED Unanimous Regular Assembly Meeting August 6, 1992 Hancock, Monroe, Stevens, Fitzjearl, Gould, McFarland KIBS104797 COMMITTEE REPORTS PUBLIC HEARING Volume XV Page 205 B. Ordinance No. 92 -12 Repealing Certain Fees to be ORDINANCE Charged for Borough Services and Authorizing the NO. 92 -12 Amount of Such Fees to be Established by Resolution. Presented for consideration was Ordinance No. 92 -12 which, if adopted, brought conformity by setting all fees by resolution. MONROE, moved to adopt seconded by STEVENS Ordinance No. 92 -12. Mayor Selby stated that Borough Code allowed for all fees to be set by resolution and reviewed by the Finance Director annually. Presiding Officer McFarland called for public testimony; there being none, the regular meeting was reconvened. VOTE ON MOTION Ayes: Monroe, Stevens, Gould, Hancock, McFarland Noes: Fitzjearl Absent: Milligan MOTION CARRIED 5 Ayes, 1 No MESSAGES FROM THE BOROUGH MAYOR Mayor Selby acknowledged receipt of the final Red King Crab Rehabilitation Study. He said recommendations in the report directed that further enhancement efforts be focused on the Womens Bay area until a determination was made on the efficacy of enhancement. He reported meeting with Governor Hickel on the IFQ issue. He said the Governor neither supported nor opposed conservation management techniques. He felt the meeting was beneficial in that the Governor had a better understanding of the concerns of the fishing industry and coastal communities. The Mayor announced that the Kodiak Island Hospital management contract would expire in May of 1993. He was in the process of preparing a Request For Proposal to present to the Hospital Advisory Board for review and submission of their recommendations to the Assembly. Regular Assembly Meeting August 6, 1992 KIBS10 MESSAGES FROM MAYOR Volume XV Page 206 Regarding the Exxon Valdez Trustees Council, he anticipated receiving staff recommendations for 1993 funding. He said there was debate about conflict of interest statements and the process of appointing individuals to the Citizens Advisory Board. Mayor Selby reported meeting with Frank Turpin, Department of Transportation Commissioner, and Keith Gurkin, Deputy Commissioner. Discussion included Mill Bay Road reconstruction and the proposed use of $4.3 million of Federal Highway Trust Fund monies under the Interstate Federal Highway Act. He stated that staff was directed to research the possibility of securing a maintenance contract with a local contractor for emergency snow removal on the Chiniak Highway. He noted that a new federal act, if adopted, required distribution of approximately $50 million per year to local governments which allowed $1.5 million for Kodiak roads. He spoke to the fact that the Shelikoff Straight /Cook Inlet oil and gas sale was scheduled to occur in 1994 and that the Minerals Management Service was drafting the environmental impact statement. He anticipated that public hearing would be conducted in the next several months. Mayor Selby reported that the Mental Health Center administrative director selection committee completed reference checks and narrowed the field to five candidates to be interviewed. He apprised the Assembly of the fact that software was purchased for the Mental Health Center that allowed control of client treatment records and collection of funds. He noted that the State cut funding grants by $40,000 and terminated support funding for the crisis respite unit due to the fact that care was available at API in Anchorage. He reported that the Federal Aviation Administration rescinded their objections to the construction of the new Old Harbor airport. He informed the Assembly that workshops on Insight to Burning and Dispersant Use pr esent by a 7 yes scheduled for October 1, was open to the public. He said the Environmental Protection Agency hearing on the water filtration determination for the City of Kodiak was scheduled for August 18. Regular Assembly Meeting August 6, 1992 KIBS1O4799 Volume XV Page 207 Mayor Selby gave advanced notice that a Borough land sale was scheduled for November. He announced that the Borough prevailed in the inshore /offshore lawsuit with the judge ruling in favor of the Borough on four out of five issues. OLD BUSINESS OLD BUSINESS None. NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Contract No. 92 -34 Kodiak Island Borough CONTRACT Landfill Drilling and Blasting Project. NO. 92 -34 Bids were received and opened July 27, 1992 for the production of cover rock for the Borough landfill. The low bidder was Anderson Construction of Kodiak, Alaska in the amount of $30,825. Mayor Selby briefed the Assembly on the ongoing effort to provide cover for the landfill. GOULD, seconded by STEVENS VOTE ON MOTION TO AWARD Ayes: Noes: None Absent: Milligan MOTION CARRIED Unanimous KIBS104800 Regular Assembly Meeting August 6, 1992 moved to award Contract No. 92 -34 Kodiak Island Borough Landfill Drilling and Blasting Project to Anderson Construction of Kodiak, Alaska in an amount not to exceed $30,835.2 Stevens, Fitzjearl, Gould, Hancock, Monroe, McFarland Volume XV Page 208 Bids were received and opened July 28, 1992 for the construction of Scout Circle. Low bidder for the project was A -K Construction of Kodiak, Alaska in the amount of $197,798.50. Mayor Selby stated that construction allowed proper access and was funded by the last of the State grant funds. MONROE, seconded by STEVENS VOTE ON MOTION TO AWARD Ayes: 2. Contract No. 92 -35 Scout Circle Road CONTRACT Construction. NO. 92 -35 GOULD, seconded by STEVENS Regular Assembly Meeting August 6, 1992 moved to award Contract No. 92 -35 Scout Circle Road Construction to A -K Construction of Kodiak, Alaska in an amount not to exceed $197,798.50. Fitzjearl, Gould, Hancock, Monroe, Stevens, McFarland Noes: None Absent: Milligan MOTION CARRIED Unanimous 3. Contract No. 92 -36 Fiscal Year 93/94 Junk CONTRACT Removal Program Services. NO. 92 -36 One bid was received and opened on July 24, 1992. Staff recommended that the FY93 -94 Towing Services Contract be awarded to Airport Towing of Kodiak, Alaska for the amounts specified on their bid sheet. Mayor Selby informed the Assembly that each year the Borough advertised for bids for towing services and that only one bid was received. moved to award Contract No. 92 -36 Fiscal Year 93/94 Junk Removal Program Services to Airport Towing and Services of Kodiak, Alaska for the amounts specified on their bid sheet. KIBS104801 Volume XV Page 209 2. Contract No. 92 -35 Scout Circle Road CONTRACT Construction. NO. 92 -35 Bids were received and opened July 28, 1992 for the construction of Scout Circle. Low bidder for the project was A -K Construction of Kodiak, Alaska in the amount of $197,798.50. Mayor Selby stated that construction allowed proper access and was funded by the last of the State grant funds. MONROE, seconded by STEVENS VOTE ON MOTION TO AWARD Ayes: Noes: None Absent: Milligan MOTION CARRIED Unanimous GOULD, seconded by STEVENS KIBS104802 Regular Assembly Meeting August 6, 1992 moved to award Contract No. 92 -35 Scout Circle Road Construction to A -K Construction of Kodiak, Alaska in an amount not to exceed $197,798.50. Fitzjearl, Gould, Hancock, Monroe, Stevens, McFarland 3. Contract No. 92 -36 Fiscal Year 93/94 Junk CONTRACT Removal Program Services. NO. 92 -36 One bid was received and opened on July 24, 1992. Staff recommended that the FY93 -94 Towing Services Contract be awarded to Airport Towing of Kodiak, Alaska for the amounts specified on their bid sheet. Mayor Selby informed the Assembly that each year the Borough advertised for bids for towing services and that only one bid was received. moved to award Contract No. 92 -36 Fiscal Year 03/04 .r i nk Removal Program Services to Airport Towing and Services of Kodiak, Alaska for the amounts specified on their bid sheet. Volume XV Page 209 FITZJEARL, seconded by STEVENS moved to amend Contract No. 92 -36 to include "not to exceed $16,000 per year ". Discussion ensued and at questions raised, Mayor Selby stated that staff operated the program within the guidelines of the budget. VOTE ON MOTION TO AMEND Ayes: None Noes: Hancock, Monroe, Stevens, Fitzjearl, Gould, McFarland Absent: Milligan MOTION FAILED Unanimous VOTE ON MOTION TO AWARD Ayes: Gould, Hancock, Monroe, Stevens, Fitzjearl, McFarland Noes: None Absent: Milligan MOTION CARRIED Unanimous 4. Contract No. 92 -37 Kodiak Spruce Cape U.S. CONTRACT Navy Cold Weather Training Facility Water & NO. 92 -37 Sanitary Sewer Project. Bids were received and opened August 4, 1992 and the low bidder was Anderson Construction of Kodiak, Alaska in the amount of $543,237. HANCOCK, seconded by MONROE Regular Assembly Meeting August 6, 1992 moved to postpone action on the Kodiak Spruce Cape U.S. Navy Cold Weather Training Facility Water and Sanitary ....n�,.ary ScWcr Project contract award to a special meeting on August 20, 1992 at noon in the Assembly Chambers. KIBS104803 Volume XV Page 210 Mayor Selby informed the Assembly that the project was delayed because of non - receipt of the U.S. Navy contract that funds the construction work. VOTE ON MOTION TO POSTPONE Ayes: Monroe, Stevens, Fitzjearl, Gould, Hancock, McFarland Noes: None Absent: Milligan MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 92 -30 Requesting Municipal RESOLUTION Funding from the State of Alaska. NO. 92 -30 Presented for consideration was Resolution No. 92 -30 which, if adopted, requested distribution of funding from the State of Alaska Municipal Assistance Fund to the Kodiak Island Borough by the Department of Revenue on the date required by law. Resolution No. 92 -30 was adopted under "Consent Agenda ". 2. Resolution No. 92 -31 Authorizing the RESOLUTION Acquisition of Private Property by Easement NO. 92 -31 for Right -of -way Purposes. (Lot 8B Crestview Subdivision, Viewcrest Lane) Presented for consideration was Resolution No. 92 -31 which, if adopted, authorized the acquisition 1,676 square feet of private property by easement, in the amount of $3,500, for road right -of -way. MONROE, moved to adopt seconded by GOULD Ordinance No. 92 -31. Mayor Selby stated the current driving area encroached on private property. He said it was determined to be cost effective to purchase an easement for right -of -way rather than construct a road in the existing right -of -way. Scott Arndt, Service District No. 1 boardmember, contended that it was adequate to place gravel on the other side of the road and reroute traffic from the private property. Regular Assembly Meeting August 6, 1992 KIBS104804 Volume XV Page 211 Mr. McFarland expressed concern at possible traffic hazzards during the winter months. General discussion ensued regarding new road construction costs, winter driving hazzards and problems resulting from rerouting traffic. Assemblymember Stevens was of the opinion that Resolution No. 92 -31 should be returned to staff for further analysis and resubmission of recommendations to the Assembly. VOTE ON MOTION TO ADOPT Ayes: Noes: GOULD, seconded by Stevens Regular Assembly Meeting August 6, 1992 None Stevens, Fitzjearl, Gould, Hancock, Monroe, McFarland Absent: Milligan MOTION FAILED Unanimous 3. Resolution No. 92 -32 Establishing a Joint RESOLUTION Kodiak Island Borough /City of Kodiak Fiscal NO. 92 -32 Year 1994 Capital Project Priority List. Presented for consideration was Resolution No. 92 -32 which, if adopted, reduced the extensive Borough and City capital project priority lists and established a joint list of only the top ten projects of the most urgent need for Kodiak in 1994. GOULD, moved to adopt seconded by STEVENS Resolution No. 92 -32. Mayor Selby explained that the resolution was completed earlier than in previous years at the recommendation of the Borough /City lobbyist. Assemblymembers Hancock and Fitzjearl expressed concern at not meeting with the City Council to discuss the priority list. moved to postpone Poan1 Il* 4 n No. 92 an August 20, 1992 special meeting. KIBS 104805 Volume XV Page 212 VOTE ON MOTION TO POSTPONE Ayes: Fitzjearl, Gould, Monroe, Stevens, McFarland Noes: Hancock Absent: Milligan MOTION CARRIED 5 Ayes, 1 No 4. Resolution No. 92 -33 Authorizing the RESOLUTION Disposal by Sale of Borough Property, a NO. 92 -33 Portion of Lot 5A -1, U.S. Survey 2538, for Less than Full Market Value to the Kodiak Public Broadcasting Corporation. (Generally Located off Egan Way) Presented for consideration was Resolution No. 92 -33 which, if adopted, disposed of Borough property "by fee simple conveyance" for less than fair market value to the Kodiak Public Broadcasting Corporation. FITZJEARL, moved to adopt seconded by STEVENS Resolution No. 92 -33. Mayor Selby stated that disposal of the property to the Kodiak Public Broadcasting Corporation was reviewed and recommended by the Planning and Zoning Commission. Kellie Law, Kodiak Public Broadcasting Corporation general manager, explained that KPBC had a ten year lease on the land in question and it was the current location of their satellite dish. She stated that application for grants could not be pursued unless KPBC owned the property. Assemblymember Gould expressed concern that the property be released back to the Borough if building construction was not started within five years. Ms. Law adhered to the fact that there currently was a ten year lease in place for the satellite dish but explained that construction was anticipated to begin well before the end of five years. Regular Assembly Meeting August 6, 1992 KIBS104806 Volume XV Page 213 GOULD, seconded by STEVENS moved to amend Resolution No. 92 -33 by adding as Section 2: "If building construction is not started within five years, the property reverts to the Kodiak Island Borough ". VOTE ON MOTION TO AMEND Ayes: Gould, Hancock, Monroe, Stevens, McFarland Noes: Fitzjearl Absent: Milligan MOTION CARRIED 5 Ayes, 1 No VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Hancock, Monroe, Stevens, Fitzjearl, Gould, McFarland Noes: None Absent: Milligan MOTION CARRIED Unanimous After calling a five minute recess at 9:10 p.m., Presiding Officer McFarland reconvened the regular meeting. 5. Resolution No. 92 -34 Identifying Problems RESOLUTION Associated with the Use of Off -Road NO. 92 -34 Vehicles Along the Kodiak Road System. Presented for consideration was Resolution No. 92 -34 which, if adopted, identified the effect of off -road vehicles on Borough parks and land, as requested by the Kodiak Island Borough Parks and Recreation Committee's Resolution No. 92 -01 GOULD, seconded by STEVENS Regular Assembly Meeting August 6, 1992 moved to adopt Resolution No. 92 -34. KIBS104807 Volume XV Page 214 Mayor Selby stated that the increasing number of complaints received concerning property damage from off -road vehicles prompted the KIB Parks and Recreation Committee, KIB Planning and Zoning Commission and the Kodiak Soil and Water Conservation District board to recommend that the Borough Assembly take action to deal with problems caused by off -road vehicles. Assemblymember Gould felt it was a good first step to put off -road vehicle users on notice as there was broad negative impact by ATV's. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Milligan MOTION CARRIED Unanimous 6. Resolution No. 92 -37 Authorizing the RESOLUTION Preparation of a Consolidation Petition. NO. 92 - 37 Presented for consideration, Resolution No. 92 -37, if adopted, directed the staff of the Kodiak Island Borough to prepare a petition for consolidation of the Kodiak Island Borough and the City of Kodiak for presentation to the Local Boundary Commission under regulations adopted by the commission. FITZJEARL, seconded by STEVENS Regular Assembly Meeting August 6, 1992 Monroe, Stevens, Fitzjearl, Gould, Hancock, McFarland moved to postpone action on Resolution No. 92 -37 to a special meeting on August 20, 1992. At Assemblymember Gould's request for clarification Joel Bolaer, Borough attorney, explained that postponement allowed adequate advertising of items on the agenda. In response to questions raised, Mr. Bolger led the Assembly through a chonology of steps required for consolidation and stated that the Local Boundary Commission determined the legal requirements. KIBS104808 Volume XV Page 215 Mayor Selby concurred with Mr. Bolger's statement and added that submission of the petition to the Local Boundary Commission requested clarification of consolidation procedures. VOTE ON MOTION TO POSTPONE Ayes: Noes: None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION Stevens, Fitzjearl, Gould, Hancock, Monroe, McFarland 1. Ordinance No. 92 -13 Creating Additional New Zoning Districts: RNC -Rural Neighborhood Commercial, UNC -Urban Neighborhood Commercial, RB- Retail Business, and LI- Light Industrial and Amending Chapter 17 of the Kodiak Island Borough Code. Presented in first reading was Ordinance No. 92 -13 which, if adopted, created four new zoning districts and amended Section 17.03.090 of the Borough Code. Ordinance No. 92 -13 was advanced to public hearing on September 3, 1992 under "Consent Agenda ". 2. Ordinance No. 92 -14 Rezoning Lots 4 through 9 and Lot 11, Block 3, Lakeside Subdivision From I Industrial to LI -Light Industrial; and Rezoning Lot 10, Block 3, Lakeside Subdivision from PL- Public Use Lands to NU- Natural Use Lands. (Vicinity of Von Scheele Way, Selief Lane, and Beaver Lake Loop) Presented in first reading was Ordinance No. 92 -14 which, if adopted, rezoned a total of 8 lots in the Lakeside Subdivision as recommended by the Planning & Zoning Commission. Ordinance No. 92 -14 was advanced to public hearing on S epternber 3, 1992 under "Consent Agenda ". 3. Ordinance No. 92 -15 Amending the Kodiak Island Borough Personnel Rules and Regulations by Deleting Two Position Descriptions and Adding Two Position Descriptions at the Kodiak Island Borough Mental Health Center. Regular Assembly Meeting August 6, 1992 KIBS104809 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 92 -13 ORDINANCE NO. 92-14 ORDINANCE NO. 92 -15 Volume XV Page 216 Presented in first reading was Ordinance No. 92 -15 which, if adopted, deleted the skills trainer and residential trainer positions and added the rehabilitation aide and rehabilitation technician positions at the Mental Health Center. Ordinance No. 92 -15 was advanced to public hearing on September 3, 1992 under "Consent Agenda ". 4. Ordinance No. 92 -10B Accepting State ORDINANCE Municipal Grant Funds for Solid Waste NO. 92 -108 Disposal Site Construction and Design, Civil Air Patrol Hangar Completion and Bayside Fire Station Expansion. Presented in first reading, Ordinance No. 92 -10B, if adopted, accepted State Municipal Grant funds of $200,000 for the solid waste disposal site construction and design, $150,000 for Bayside Fire Station expansion and $50,000 for Civil Air Patrol hangar completion. Ordinance No. 92 -10B was advanced to public hearing on September 3, 1992 under "Consent Agenda ". 5. Ordinance No. 92 -16 Placing the Question of ORDINANCE Extending the Womens Bay Service District NO. 92 -16 Area on the October 6, 1992 Ballot. Presented in first reading was Ordinance No. 92 -16 which, if adopted, placed on a ballot the question of extending the Womens Bay Service District to include a road not in the service area that was used by residents. The ordinance was amended at introduction to exclude an area from the north boundary to and including Lash Dock. FITZJEARL, seconded by STEVENS moved to advance Ordinance No. 92 -16 to public hearing at a special meeting on August 20, 1992. Mayor Selby explained that the ordinance proposed to incorporate a small area outside the service district that supplied driveway access to three homes within the service district. As the intiator of the ordinance, Assemblymember Fitzjearl expressed concern that the Womens Bay Service District Area Board never agreed to include all areas listed in the ordinance. Regular Assembly Meeting August 6, 1992 KIBS104810 Volume XV Page 217 FITZJEARL, seconded by GOULD VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED None Unanimous VOTE ON MOTION TO ADVANCE AS AMENDED Ayes: Noes: Absent: MOTION CARRIED D. OTHER ITEMS moved to amend Ordinance No. 92 -16 by deleting the second and third whereas; delete in the fourth whereas the words: "has been maintained by the service area for at least ten years "; delete in the fifth whereas the words: "this section of road "; and include the legal description in Sections 1 and 2. Fitzjearl, Gould, Hancock, Monroe, Stevens McFarland Gould, Hancock, Monroe, Stevens, Fitzjearl, McFarland None Milligan Unanimous 1. Appeal of Reapportionment Decision. The Alaska Supreme Court denied the KIB original application for relief from the reapportionment plan drafted by the Superior Court. The Borough attorney requested direction from the Assembly regarding the filing of a motion to the t en , ; court in u O 11Z'L proceedings for purposes of appeal at an estimated cost of $5,000 to $10,000. Regular Assembly Meeting August 6, 1992 KIBS104811 OTHER ITEMS APPEAL OF REAPPORTIONMENT DECISION Volume XV Page 218 GOULD, seconded by FITZJEARL, VOTE ON MOTION Ayes: None Noes: Hancock, Monroe, Stevens, Fitzjearl, Gould, McFarland Absent: Milligan MOTION FAILED Unanimous INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. KIB Mental Health Center Advisory Board Meetings of May 7, May 11, June 1 and June 15, 1992. 2. Personnel Advisory Board Meetings of September 19, 1991 and April 22, 1992. 3. Planning and Zoning Commission Meeting of June 17, 1992. 4. Parks and Recreation Committee Meeting of April 21, 1992. 5. KIBSD Meetings of May 26 and June 22, and Special Meetings of June 15, 25 and July 20, 1992. B. REPORTS REPORTS 1. Community Development Department June 1992 Status Report. 2. KIB June 1992 Financial Report. C. OTHER OTHER None. CITIZEN COMMENTS None. Regular Assembly Meeting August 6, 1992 KIBS104812 moved to approve appeal of reapportionment decision. CITIZEN COMMENTS Volume XV Page 219 ASSEMBLYMEMBER COMMENTS FITZJEARL, seconded by GOULD, VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED Regular Assembly Meeting August 6, 1992 Move to hold a special meeting on August 20, 1992 at 7:30 p.m. in the Borough Assembly Chambers for the following items: (1) Contract No. 92 -37 Kodiak Spruce Cape U.S. Navy Cold Weather Training Facility Water and Sanitary Sewer Project; (2) Ordinance No. 92 -16 Placing the Question of Extending the Womens Bay Service District Area on the October 6, 1992 Ballot; (3) Resolution No. 92 -32 Establishing a Joint Kodiak Island Borough /City of Kodiak Fiscal Year 1994 Capital Project Priority List; and (4) Executive Session on Clerk's Contract. Monroe, Stevens, Fitzjearl, Gould, Hancock, McFarland None Milligan Unanimous The Presiding Officer announced the Assembly would meet in work session on August 27th in the Borough Conference Room and Regular Meeting on September 3rd in the Assembly Chambers. He announced that the period for filing of Declaration of Candidacy and Nomination Petition for Borough seats is August 10th through August 28th and that August 9th is the last day to register to vote to be eligible to vote in the primary election on September 8th. KIBS1O487 1 ASSEMBLYMEMBER COMMENTS Volume XV Page 220 GOULD, seconded by MONROE MOTION CARRIED ATTEST: borough Clerk Regular Assembly Meeting August 6, 1992 moved to adjourn. Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 10:23 p.m. res ding Officer KIBS10 ADJOURNMENT Volume XV Page 221