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1993-04-01 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting April 1, 1993 A regular meeting of the Kodiak Island Borough Assembly was held April 1, 1993 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 Russ Schwarz of the Kodiak Bible Chapel, followed by the Pledge of Allegiance. There were present: Jack McFarland, Presiding Alan Austerman Betty Fitzjearl Suzanne Hancock Mike Milligan Mary Monroe absent: Gordon Gould comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Donna Smith, Borough Clerk Judi Nielsen, Borough Deputy Clerk Linda Freed, Community Development Director Martin White, Mental Health Center Director Assemblymember Gould was absent due to illness and asked to be excused. FITZJEARL, seconded by AUSTERMAN VOTE ON MOTION MOTION CARRIED Unanimous voice vote APPROVAL OF AGENDA AND CONSENT AGENDA 111GJ tAKL, seconded by MONROE Regular Assembly Meeting April 1, 1993 moved to excuse Assemblymember Gould due to illness. moved to approve agenda and consent agenda. REGULAR MEETING ROLL CALL APPROVAL OF nr_Eunn ANn CONSENT AGENDA Volume XV Page 145 VOTE ON MOTION TO APPROVE Ayes: CITIZENS' COMMENTS Austerman, Fitzjearl, Hancock, Milligan, Monroe, McFarland Noes: None Absent: Gould MOTION CARRIED Unanimous APPROVAL OF MINUTES A. K.I.B. Assembly Meetings of March 4 and March 18, 1993. These items were approved under "Consent Agenda ". AWARDS AND PRESENTATIONS A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month Award to Sharon Blakeslee, programmer in the Data Processing Department. Mayor Selby presented a plaque to the family of R. David Herrnsteen for his dedicated and meritorious service to the communities of Kodiak Island. Cathy and Barbara Herrnsteen accepted the plaque. Mayor Selby read a proclamation declaring May 2 through May 8, 1993, Municipal Clerk's Week and extended appreciation to Donna Smith, Municipal Clerk for the Kodiak Island Borough. A. Agenda Items Not Scheduled For Public Hearing Mark Maidic spoke to Resolution No. 93 -12. He presented a synopsis of the events leading to the land swap with Fire District No. 1. He selected property in an area that was available to the public nA *}.ara waira nntiirs1 hll.lnA =r4GC an access road. Zack Chichenoff, City of Ouzinkie Mayor, elaborated on the request for monies in Contract No. 93 -08. The City needed an excavator to keep the solid waste site that was built in 1989 in compliance with DEC regulations. He added that monies received from the state did not cover the cost of the piece of Regular Assembly Meeting April 1, 1993 APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH PRESENTATIO PROCLAMATION CITIZENS' COMMENTS Volume XV Page 146 9 equipment needed. He explained that since the City would be taking ownership of the hydro plant and leasing the piece of equipment for two public health projects, projections were to pay back the loan in two to three years. He directed attention to the fact that the City of Ouzinkie does not have a revenue base so there were no extra monies. B. Items Other Than Those Appearing on the Agenda Jeri Powers, special assistant at Hope Cottages, recounted facts relating to transportation for the handicapped discussed at an Assembly /Council joint work session. She was of the opinion that since transportation was by taxicabs, subsidizing costs would make it available for the disabled for medical, employment, and shopping. Ms. Powers responded to two questions from Assemblymember Austerman by saying a cost projection had not been done and taxicabs would control use by establishing need. In answer to Assemblymember Monroe, Ms. Powers said that five of the thirteen disabled had employment schedules and employment was being sought for three others. She reiterated the need for medical and shopping transportation. Assemblymember Fitzjearl understood there could be a relief on sales tax paid to the City or Borough. Ms. Powers agreed that if that amount could be waived, it would be helpful to those with limited income. Ms. Powers indicated she would return with suggestions on how to subsidize the handicapped transportation program. Jim Fisk thanked Mayor Selby and the Assembly for participating in community events with Governor Hickel. He related the Governor's comments in that it was his best trip to an Alaskan community. Mr. Fisk addressed Contract No. 93 -09 and asked the Assembly to consider building a trauma center instead of a new hospital. Dr. Logan Porter -Crane addressed the non - renewal of Dr. Mickelson's contract as a surgeon at the hospital and her subsequent resignation. She felt that a number of the current problems at the hospital were because of LHS's management style and urged an investigation before the contract was renewed. Regular Assembly Meeting April 1, 1993 Volume XV Page 147 Assemblymember Milligan discussed with Dr. Porter - Crane the difficulties in keeping hospitals in small communities. COMMITTEE REPORTS Clay Koplin, Planning and Zoning Commissioner, reviewed the proposals for coastal management planning. He reported that the Commission would be studying mobile home parks. He was available to answer questions. Assemblymember Austerman attended Alaska Municipal League (AML) Legislative Committee meetings in Juneau where he met with Lt. Governor Coghill, the Commissioner of Commerce and Economic Development, legislators and Don Kubley, Borough lobbyist. He reported on items in the state budget for sewer and water projects. He apprised the Assembly of the push to end this legislative session in 110 days. He announced legislative committee meetings scheduled for April 29th and 30th would be rescheduled. He stressed the need to reassess whether the mid -year trip was necessary because he did not think this one was. Assemblymember Monroe also attended AML Legislative Committee meetings on the open meetings act, school contributions and maintenance, and matching capital grants. She contended that little impact was made. Assemblymember Hancock attended a Kodiak College Council meeting where the proposed lease of property to Carr's grocery store was discussed. She spoke to the fact that if the college leased the property, the Assembly would be involved in the rezone. PUBLIC HEARING 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. 93 -19 Amending the Personnel Rules ORDINANCE and Regulations by Updating and Adding Various NO. 93 -19 Position Descriptions and Amending Schedule II. Presented for consideration was Ordinance No. 93 -19 which, if adopted, added the appraiser technician, assistant director (MHC) and personnel assistant positions and amended the assessor /chief appraiser position in the Personnel Rules and Regulations Manual. Regular Assembly Meeting April 1, 1993 0 COMMITTEE REPORTS Volume XV Page 146 FITZJEARL, seconded by MONROE FITZJEARL, seconded by MONROE AUSTERMAN, seconded by FITZJEARL Regular Assembly Meeting April 1, 1993 moved to amend Ordinance No. 93 -19 by separating it into three documents with each covering a single position. After Assembly discussion, Assemblymember Fitzjearl withdrew her motion. MOTION WITHDRAWN Concurrence of second. moved to postpone Ordinance No. 93 -19 to the April 15, 1993 regular meeting. Assemblymember Milligan suggested further work on some descriptions. After a five minute recess at 8:30 p.m., Presiding Officer McFarland reconvened the regular meeting. After further Assembly discussion, Assemblymember Fitzjearl withdrew her motion to postpone. MOTION WITHDRAWN Concurrence of second. FITZJEARL, moved to adopt seconded by AUSTERMAN Ordinance No. 93 -19. Mayor Selby explained the intent of the ordinance was to establish position descriptions and pay ranges that accurately reflected the duties performed. Presiding Officer McFarland called for public testimony; hearing and seeing none, he reconvened the regular meeting. Assemblymembers discussed with Mayor Selby whether the positions should be created during the budget process. Presiding Officer McFarland summed up the discussion by saying that the new positions created were added to the Personnel Rules and Regulations Manual although the Assembly decided whether to fund the positions during the budget process. moved to amend Ordinance No. 93 -19 by placing the personnel assistant position at salary range 12.5 and deleting Section 4. Volume XV Page 149 Assemblymembers discussed with Mayor Selby whether qualified applicants would apply if the pay range was lower. He added that one of the responsibilities of the position was to ensure compliance with federal and state mandates. After further discussion, some Assemblymembers were of the opinion that the 12.5 salary range was appropriate. VOTE ON MOTION TO AMEND Ayes: Noes: None Absent: Gould MOTION CARRIED Unanimous Assemblymember Milligan understood that the personnel assistant dealt with personnel matters full -time but also anticipated other duties. Mayor Selby agreed that special projects and other duties as assigned allowed for some leeway. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Regular Assembly Meeting April 1, 1993 A Hancock, Milligan, Monroe, Austerman, Fitzjearl, McFarland Milligan, Monroe, Austerman, Fitzjearl, Hancock, McFarland Noes: None Absent: Gould MOTION CARRIED Unanimous Assemblymember Monroe questioned the need to maintain the personnel director position. Mayor Selby explained his perspective in that it allowed flexibility in the future by leaving the description in the Personnel Rules and Regulations Manual. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby reported meeting with National Marine Fisheries staff and understood that the scope of work and committee of potential leasers for the Fish Tech building were forthcoming. Volume XV 'rage 150 He announced that recycling efforts represented a $40,000 savings at the landfill because 2.8 tons of aluminum cans, 50 tons of corrugated cardboard, 12 tons of newsprint, 26 tons of paper and 50 tons of batteries were moved out of Kodiak. He encouraged residents in the community to increase efforts in recycling. He indicated that in the Alaska city and county analysis, Kodiak had one of the lowest per capita revenue in the state. He announced that property assessment notices were mailed. He noted that a change in notices and processing resulted in a $2,000 savings over previous years. He informed residents that if they needed assistance understanding the new forms to call the assessor's office. OLD BUSINESS None. NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS None. B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 93-12 Directing the Exchange RESOLUTION of Kodiak Island Borough Property in NO. 93 -12 Monashka Bay (Within T27S R20W Section 13 and 24) as Partial Compensation for Land Recently Acquired by the Kodiak Island Borough (Lot 2A -1A -2, Block 5, Miller Point Alaska Subdivision) in Accordance With Kodiak Island Borough Code 18.80 Exchange of Real Property. Presented for consideration was Resolution No. 93 -12 which, if adopted, approved the disposal of Borough land to Mark Majdic as partial compensation for his private land purchased for the Fire District No. 1 fire training center. AUSTERMAN, moved to adopt seconded by MONROE Resolution No. 93 -12. Mayor Selby explained this was a continuation of the land exchange agreement for property next to Bayside Fire Station. He said Fire District No. 1 was fully supportive of the exchange as the $100,000 set aside Regular Assembly Meeting April 1, 1993 OLD BUSINESS Volume XV Page 151 1 "[ ! 4 for purchase of the property could be used to build the fire training center. Mayor Selby contended that the exchange moved Borough land into the private sector, increased the tax base and encouraged economic development. Assemblymember Austerman was philosophically opposed to the exchange as he felt property between the road and ocean had aesthetic value. Assemblymember Hancock favored the exchange and envisioned development moving toward Monashka Bay. She agreed that the Borough was land rich and money poor and felt the exchange saved money. Assemblymember Milligan appreciated the reverence that Assemblymembers Austerman and Gould had for bayside property. He anticipated limited public access to areas such as Cliff Point and Rosalyn Beach in the future. He noted that the exchange property was spectacular but had a very steep cliff. He supported a policy to identify the areas mentioned by Assemblymember Austerman. Presiding Officer McFarland asked Mayor Selby to explain the process that led to the decision to exchange property. Mayor Selby explained that land obtained by service districts was owned by the Kodiak Island Borough proper because service districts were a sub-entity of the Borough. He added that the service district proposed to purchase lots with an approach to an exchange of lands. He said the assessor's determination was that the exchange was an equal trade. He reiterated that the alternative was cash. Presiding Officer McFarland reminded the Assembly that a trade of Borough property would be a use of Borough assets whereas service district funds would purchase property. Assemblymember Fitzjearl asserted that all options be explored and a land exchange be fair to the total Borough. Assemblymember Monroe pointed out that a trade was agreed to in the contract the Assembly approved. VOTE ON MOTION TO ADOPT Ayes: Monroe, Hancock, Milligan Regular Assembly Meeting April 1, 1993 Volume XV Page 152 Noes: Absent: MOTION FAILED 3 Ayes, 3 Noes After a five minute recess at 9:43 p.m., Presiding Officer McFarland reconvened the regular meeting. C. ORDINANCES FOR INTRODUCTION Ordinance April 15, Austerman, Fitzjearl, McFarland Gould 1. Ordinance No. 93 -20 Repealing Kodiak Island Borough Code 17.72.080 Boundary change- - Protest and Related Provisions of the Kodiak Island Borough Code Due to Inconsistency with Alaska Statutes 29.20.160(d). Presented in first reading was Ordinance No. 93 -20 which, if adopted, repealed and amended sections of the Kodiak Island Borough Code making it consistent with Alaska Statutes. Ordinance No. 93 -20 was advanced to public hearing on April 15, 1993 under "Consent Agenda ". 2. Ordinance No. 93 -21 Rezoning Tract D, U.S. Survey 1420, From C -- Conservation To RD -- Rural Development. (Generally Located in the Northwest Arm of Uganik Bay) Presented in first reading was Ordinance No. 93 -21 which, if adopted, rezoned a parcel of land consistent with the type of development in upland areas of remote Kodiak Island. Regular Assembly Meeting April 1, 1993 No. 93 -21 was advanced to public hearing on 1993 under "Consent Agenda ". 3. Ordinance No. 93 -22 Rezoning U.S. Survey 50 From C -- Conservation To RD -Rural Development. (Generally Located in Snug Harbor along the West Shore of Moser Bay) Presented in first reading was Ordinance No. 93 -22 which, if adopted, rezoned a parcel of land consistent with the provisions of the Kodiak Island Borough Coastal Management Plan. Ordinance No. 93 -22 was advanced to public hearing on April 15, 1993 under "Consent Agenda ". ORDINANCES FOR INTRODUCTION ORDINANCE NO. 93 -20 ORDINANCE NO. 93 -21 ORDINANCE NO. 93 -22 Volume XV Page 153 A 6 4. Ordinance No. 93 -23 Rezoning TL 1601 Within ORDINANCE T24S, R23W From C-- Conservation To RD -- NO. 93 -23 Rural Development. (Generally Located Along the Southeast Shore of Muskomee Bay on Afognak Island) Presented in first reading was Ordinance No. 93 -23 which, if adopted, rezoned a parcel of land consistent with the type of development in upland areas of remote Kodiak Island. Ordinance No. 93 -23 was advanced to public hearing on April 15, 1993 under "Consent Agenda ". 5. Ordinance No. 93 -24 Rezoning U.S. Survey ORDINANCE 1450 From C -- Conservation to RD- -Rural NO. 93 -24 Development (Generally Located Along the Northwest Shore of Portage Bay on the Alaska Peninsula) Presented in first reading was Ordinance No. 93 -24 which, if adopted, rezoned a parcel of land consistent with the provisions of the Bristol Bay Coastal Management Plan. Ordinance No. 93 -24 was advanced to public hearing on April 15, 1993 under "Consent Agenda ". D. OTHER ITEMS OTHER ITEMS 1. Contract No. 93 -06 Kodiak Island Hospital CONTRACT Account Receivable Financing. NO. 93 -06 AUSTERMAN, seconded by MONROE VOTE ON MOTION TO AWARD Ayes: Noes: None Regular Assembly Meeting April 1, 1993 moved to award Contract No. 93 -06 Kodiak Island Hospital Account Receivable Financing to the National Bank of Alaska. Mayor Selby explained that National Bank of Alaska was the sole bidder on the contract. He said the service allowed patients to secure financing for hospital debts. Austerman, Fitzjearl, Hancock, Milligan, Monroe, McFarland Volume XV Page 154 Absent: VOTE ON MOTION TO AWARD Ayes: Noes: Absent: Regular Assembly Meeting April 1, 1993 Gould MOTION CARRIED Unanimous 2. Contract No. 93 -07 Revision of the Kodiak CONTRACT Island Borough Coastal Management Program NO. 93 -07 (KIBCMP). FITZJEARL, moved to award seconded by MILLIGAN Contract No. 93 -07 Revision of the Kodiak Island Borough Coastal Management Program to Jon Issacs & Associates of Anchorage, AK in an amount not to exceed $20,000. Mayor Selby explained that the contract was for phase I of the program and dealt specifically with rural development property at the south end of Kodiak Island. At Assemblymember Milligan's question, Mayor Selby explained that the $20,000 was from the Coastal Management Grant Program and funds had to be encumbered by June 30, 1993. He was confident that additional funds for phase II would be obtained. Assemblymember Austerman had reservations about proceeding on a project that may not receive additional funding. He was of the opinion that user groups should develop the program. Assemblymember Fitzjearl contended that phase I would include opinions from residents and that phase II would go to public hearing. She was of the opinion that starting phase I made the goal much closer. She felt the funds from the state were being used wisely. Assemblymember Monroe approved of the contract as staff was directed to solicit the requests -for- proposal as there were many references to a plan in past meetings. Fitzjearl, Hancock, Milligan, Monroe, McFarland Austerman Gould Volume XV Page 155 MOTION CARRIED 5 Ayes, 1 No 3. Vacation of a Reservation Contained in the VACATION Patent for U.S. Survey 304, "a roadway sixty (60) feet in width, parallel to the shoreline, as nearly as may be practicable, for the use of the public as a highway and ingress and egress to the public on the waters of all streams whether navigable or otherwise." (Generally Located Near Harvester Island in Uyak Bay, on the West Side of Kodiak Island) MONROE, seconded by AUSTERMAN moved to approve the Planning & Zoning Commission's decision to grant preliminary approval of the vacation of a reservation contained in the patent for U.S. Survey 304, "a roadway sixty (60) feet in width, parallel to the shoreline, as nearly as may be practicable, for the use of the public as a highway, and ingress and egress to the public on the waters of all streams, whether navigable or otherwise." Mayor Selby explained that the road was partially under water and connected to nothing on either side of the property. The Planning and Zoning Commission recommended approval of the vacation. Assemblymember Milligan asked questions of Linda Freed, Community Development Director. She explained that the Corps of Engineers recommended use of tidelands and that owning tidelands did not allow any different development on property. She added that during high tide, the property was fully submerged and during low tide, the property was two - thirds submerged. She said it was a shallow beach for a skiff, not a road. Assemblymember Fitzjearl pointed out that public hearing notice responses to the Planning and Zoning Commission objected to the vacation as there were some users of the beach. Regular Assembly Meeting April 1, 1993 Volume XV Page 156 Ayes: VOTE ON MOTION TO APPROVE MONROE, seconded by FITZJEARL VOTE ON MOTION TO AWARD Regular Assembly Meeting April 1, 1993 When Assemblymember Austerman asked for an explanation of why the vacation was needed when the road could not be used, Duncan Fields was asked to respond to the question. Mr. Fields said that the request to vacate was because the property was purchased jointly and would separate a partition between parties that purchased the property. Ayes: Hancock, Monroe, McFarland, Austerman Noes: Milligan, Fitzjearl Absent: Gould MOTION CARRIED 4 Ayes, 2 Noes 4. Contract No. 93 -08 Funding Advance CONTRACT Agreement and Promissory Note for the City NO. 93 -08 of Ouzinkie. Noes: None Absent: Gould MOTION CARRIED Unanimous moved to award Contract No. 93 -08 Funding Advance Agreement and Promissory Note for the City of Ouzinkie in an amount not to exceed $25,000. Mayor Selby deferred to the statements made by City of Ouzinkie Mayor Chichenoff earlier. He allowed that part of the landfill problem was a result of the oil spill. Milligan, Monroe, Austerman, Fitzjearl, Hancock, McFarland 5. Contract No. 93 -09 Management Agreement for CONTRACT the Operation of the Kodiak Island Hospital NO. 93 -09 and Care Center. Volume XV Page 157 Mayor Selby recommended postponing action on Contract No. 93 -09. He explained that all but one section had been negotiated. He added that the Hospital Advisory Board would review the contract with the Assembly at a joint work session. AUSTERMAN, seconded by MILLIGAN VOTE ON MOTION TO POSTPONE Ayes: Noes: None Absent: Gould MOTION CARRIED Unanimous B. REPORTS None. C. OTHER None. CITIZENS' COMMENTS None. Regular Assembly Meeting April 1, 1993 moved to postpone action on Contract No. 93 -09 Management Agreement for the Operation of the Kodiak Island Hospital and Care Center to April 15, 1993. Monroe, Austerman, Fitzjearl, Hancock, Milligan, McFarland INFORMATIONAT INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Womens Bay Service Area Meeting of February 8, 1993. 2. Planning and Zoning Commission Meetings of January 20, 1993 and February 17, 1993. 3. Kodiak Island Borough School District Meeting of February 22, 1933 and Special Meetings of March 1 and 15, 1993. REPORTS OTHER CITIZENS' COMMENTS Volume XV Page 158 ASSEMBLYMEMBER COMMENTS Assemblymember Milligan supported the personnel assistant position as there was an advantage when Mayor Selby was able to focus attention on other matters. He encouraged donations to KMXT radio. Assemblymember Hancock commended Mayor Selby for the funding he obtained for the Borough. She thanked the family of Dave Herrnsteen for supporting Dave during his service to Kodiak. Assemblymember Monroe read the proposed schedule of the Southwest Alaska Municipal Conference business opportunity tours out the Aleutian Chain. Mayor Selby responded to Assemblymember Monroe's inquiry about the results of the recent land sale. He said one parcel was sold during the outcry auction and the other parcels would be offered for sale over the counter. He added there was no interest in the Lakeside Subdivision parcels zoned light industrial. Given the response, he suggested the Assembly review the zoning on those parcels. He related an offer from Koniag to swap beach front property for Lakeside Subdivision property. Assemblymember Austerman asked that further discussion on land swapping be placed on a work session agenda. He thanked the community for making Governor Hickel feel welcome. He related that $680 million oil revenues were a hotly debated issue in Juneau. Assemblymember Austerman asked the Mayor for a report on the waste oil burner at the baler facility and the fishery by -catch issue. Mayor Selby reported that the burner was installed and figures on the amount of oil being processed would be forthcoming to the Assembly. He added that the projection to pay for the project in less than a year was understated. In responding to the fishery by -catch issue, Mayor Selby said the outcome of by -catch fishing was not clear and the fishery may close down - -not good news for the community. Assemblymember Fitzjearl heard that the cost was too high for the light industrial zoned parcels and suggested residential zoning. She noted that only the business zoned lot sold. She encouraged land sales in the fall and not the spring. She requested the Assembly address light industrial zoned parcels, zoning enforcement, and use of the hospital site at work sessions. Regular Assembly Meeting April 1, 1993 ASSEMBLYMEMBER COMMENTS Volume XV Page 159 She expressed get well wishes to Assemblymember Gould and Harbormaster Corky McCorkle, which Presiding Officer McFarland echoed. Presiding Officer McFarland thanked Governor Rickel for visiting Kodiak and suggested a message relaying thanks be sent to the Governor. He offered condolences and best wishes for the future to the family of Dave Herrnsteen. He acknowledged that Kodiak was not in the IFQ matter by themselves and thought that Kodiak's participation was positive. He said it was very important for Kodiak to maintain stature through the time ahead. When Assemblymember Hancock asked that the IFQ matter be added to a work session agenda, Presiding Officer McFarland said he asked Mayor Selby to set up a teleconference with Brad Gilman, lobbyist, for an updated report. Presiding Officer McFarland announced the Assembly would meet in work session at 7:30 p.m. on Thursday, April 8, 1993 in the Borough conference room and regular meeting at 7:30 p.m. on Thursday, April 15, 1993, in the assembly chambers. MONROE, seconded by HANCOCK MOTION CARRIED There being no further business to come before the Assembly, the meeting adjourned at 10:47 p.m. ATTEST: v h' % Borough Clerk Approved: 05/06/93 Regular Assembly Meeting April 1, 1993 A moved to adjourn. Unanimous voice vote �resi g Officers ��— I ADJOURNMENT Volume XV Page sou