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1993-12-02 Regular MeetingThere were present: Jack McFarland, Alan Austerman Gordon Gould Mike Milligan "1? 6 KODIAK ISLAND BOROUGH Regular Assembly Meeting December 2, 1993 A regular meeting of the Kodiak Island Borough Assembly was held December 2, 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 Chaplain Alan Andreas, U.S. Coast Guard Protestant Chaplain, followed by the Pledge of Allegiance. Presiding John Burt Suzanne Hancock Mary Monroe comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith, Clerk Linda Freed, Community Development Director Judi Nielsen, Deputy Clerk APPROVAL OF AGENDA AND CONSENT AGENDA MILLIGAN, seconded by GOULD Clerk Smith read the item for consideration under "Consent Agenda ". VOTE ON MOTION TO APPROVE Ayes: MONROE, seconded by MILLIGAN Regular Assembly Meeting December 2, 1993 moved to approve the agenda and consent agenda. Austerman, Burt, Gould, Hancock, Milligan, Monroe, McFarland Noes: None MOTION CARRIED Unanimous APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of November 4, 1993. moved to approve minutes of November 4, 1993. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES Volume XVII Page 161 VOTE ON .MOTION TO APPROVE Ayes: Noes: MOTION CARRIED AWARDS AND PRESENTATIONS A. Employee of the Month CITIZENS' COMMENTS Burt, Gould, Hancock, Milligan, Monroe, Austerman, McFarland None Unanimous Mayor Jerome Selby presented the Employee of the Month Award to Cheryl Bolger, accountant in the Finance Department. A. Agenda Items Not Scheduled For Public Hearing Calvin Sweeney, Kodiak Audubon Society chair, read a position paper from the Society favoring reconsideration and tabling of Ordinance No. 93 -66 until completion of the Jon Isaacs and Associates study. He urged the Assembly to move cautiously and review cumulative impact. Richard MacIntosh agreed with Assemblymember Gould's wish to reconsider the vote on Ordinance No. 93 -66. He had commented in the past against the rezone regulations. Bob Pfutzenreuter appealed to the Assembly to postpone Ordinance No. 93 -66 until completion of the study. He contended that conservation zoning covered a majority of Kodiak Island and, without safeguards in place, over - development was potentially harmful to Kodiak Island. Lisa Frederick phoned to encourage the Assembly to postpone Ordinance No. 93 -66 until completion of the study. Presiding Officer McFarland asked Mr. Pfutzenreuter to enumerate on specific areas in the document. Mr. Pfutzenreuter said that lack of restraint in conservation zoning potentially caused unrestricted development. He said that moderation was necessary to protect property. Assemblymember Hancock outlined conservation zoning requirements for the public. Regular Assembly Meeting December 2, 1993 AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH CITIZENS' COMMENTS Vo:..m. (VII P.;e 162 6 Michael Church, member of the U.S. Coast Guard, phoned with h- is-experience in the effects of overdevelopment in other areas and regarded it was not good for Kodiak. Dana Reid phoned to asked if the provision for buffer zones in anadramous areas was established. At the request of the Presiding Officer, Linda Freed, Community Development Director, responded that the proposed conservation district zoning required fifty foot setbacks not contained in current regulations. Mr. Reid continued that he appreciated the benefits of the new regulations but did not consider them sufficient. He asked for a delay until completion of the study. Jeff Knauf did not favor reconsideration. It was his opinion that the issue had been talked to death and should be put to rest so projects could be completed. Dick Munos, Kodiak Island Wildlife Refuge representative, noted that Assemblymember Gould represented viewpoints that the Refuge hoped would come to conclusion. He said John Isaacs talked with personnel at the Refuge and made points that could be considered if reconsideration of Ordinance No. 93 -66 passed. He felt it was important to look at sensitive areas and the setback from anadramous streams where fish and wildlife were concentrated. B. Items Other Than Those Appearing on the Agenda Scott Arndt, chairman of Service District No. 1 Board and Fire Protection Area No. 1 Board, referred to a letter from Karl Short, Borough Finance Director, regarding the recently instated three percent fee charged to service districts for accounting services provided by the Borough. He said the service districts were unprepared for the additional costs and pointed out the fee was charged to service district accounts before the letter from Mr. Short was written. He enumerated arguments on the fee being unreasonable: 1) there was no option to go elsewhere for accounting services; 2) additional revenue sharing for residents not within the city limits that was not passed on to services districts; and 3) services provided to tax exempt and low cost housing the Borough created that receive payment in lieu of taxes not equal to the mil levy. He asked that all funds be returned to the service districts and to schedule future discussion. Edmon Myers, Kodiak Island Hospital administrator, in response to to Assemblymember Austerman's question at Regular Assembly Meeting Volume XVII December 2, 1993 Page 163 COMMITTEE REPORTS 1 5 ' j the November 18, 1993 Assembly meeting regarding orthopedic equipment replacement, explained that all equipment was placed in storage except a fracture table that was beyond use. He said antiquated equipment would be replaced and required equipment purchased from funds previously approved. He said that Dr. Calista, orthopedic surgeon, would be hired as an employee of the hospital. Assemblymember Austerman appreciated the information and Mr. Myers attending Assembly meetings. At his question regarding problems at the care center, Mr. Myers stated the assessment and evaluation of the care center arose out of concern for residents that required special services. He said two federal bills changed some current processes at the care center. At further inquiry, Mr. Myers stated that the number of residents in the care center declined over previous years causing concern that further decline may hamper maintaining the center. Leslie Smith, a member of the salmon fishing community, phoned and reiterated the concerns of Dana Reid's comments on Ordinance No. 93 -66. She felt stronger guidelines and additional information about habitat protection were needed. Jerrol Friend, Planning and Zoning Commissioner, reported that the Commission reviewed the changes to rural development zoning and conservation zoning districts carefully and received public input. He said the Commission met with Jon Isaacs to discuss the phase one report that was a quick draft of the old plan. He noted that Mr. Isaacs pointed out that the plan enabled inventory of goals, objectives and policies. He foretold that a document would be prepared by late June, 1994 for state and federal review. He announced Commission meetings with Jon Isaacs on the first Wednesday of every month. He invited the Assembly to attend. At the Assembly's request, Director Freed reported on the stringent review process for the coastal management plan. She gave an outline of the review and adoption process. Assemblymember Monroe, Mental Health Center Advisory Board representative, reported on Board discussion to recruit a psychiatrist. She said the search for an assistant director failed because of a breakdown in salary placement. She noted that preparation of a COMMITTEE REPORTS Regular Assembly Meeting Volume XVII December 2, 1993 Page 164 PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR 7 planning guide for use of mental health treatment beds at the hospital was underway. Assemblymember Hancock, Kodiak College Council representative, reported on Council discussion with Senator Zharoff and Representative Davidson regarding college funding requests for the upcoming legislative session. Mayor Selby had distributed a copy of the Exxon Valdez Trustee Council large parcel evaluation and ranking to the Assembly. He said that 9 of the 17 highest ranked for possible acquisition were in Kodiak and included the Shuyak Island parcel. He said that 21 of the top 41 parcels were located in Kodiak and that Jim Ayers, Exxon Valdez Trustee Council executive director, was directed to start acquisition negotiations. He reported that village mayors attended the mayor's conference where a wide range of topics were discussed including the tri- borough position paper on the Federal Oil and Gas Lease Sale 149. He said a resolution endorsing the paper was adopted and would be to the Assembly at the next regular meeting. He reported on the National Association of Counties' efforts to double the in -lieu of tax payment from the federal government. As an example, he enuerated the tax bill on the Kodiak Wildlife Refuge was calculated at $2,277,000 if the federal government paid the full 5.5 mil levy. He explained that the current tax of $400,000 would increase to $800,000 if the effort was successful. He said that Congress supported the efforts and responded to Assemblymember Monroe's inquiry that all three of the Alaskan delegation were co- sponsors. He informed the Assembly that the three percent assessment fee to service districts that Mr. Arndt spoke to brought the Borough into compliance with generally accepted accounting practices. He said the desire was to cause as little impact to the service districts as possible but still maintain a clean audit for the Borough, which impacted the Borough's bond rating. Regular Assembly Meeting • December 2, 1993 PUBLIC HEARING MESSAGES FROM MAYOR 1 He attended the emergency services preparedness meeting and was, that the structure continued to improve. He added the structure and organization was considered superior to anywhere in the state. He spoke to Assemblymember Monroe's comments regarding hiring a psychiatrist in that information would be to the Mental Health Center Advisory Board at the January 24, 1994 meeting with their recommendation to the Assembly in February for consideration and direction. He announced that discussion to reestablish the Cry of the Wild Ram production was scheduled for Saturday, December 4, 1993 at 2:30 p.m. in the Kodiak High School Auditorium coral pod. He encouraged community participation. After a ten minute recess at 8:50 p.m., Presiding Officer McFarland reconvened the regular meeting. OLD BUSINESS A. Reconsideration of Vote on Ordinance No. 93 -66 Amending Kodiak Island Borough Code Chapter 17.13 C -- Conservation Zoning District, Chapter 17.06 Definitions, and Chapter 17.67 Conditional Use Permits. Assemblymember Gould, with Assemblymember Milligan's concurrence, filed a motion to reconsider the action of the Assembly on November 18, 1993, that resulted in the adoption Ordinance No. 93 -66. GOULD, moved to reconsider seconded by MILLIGAN Ordinance No. 93 -66. Assemblymember Gould outlined the intent of his motion as a means to measure the ordinance against the comprehensive plan. He agreed with a portion of the ordinance but wanted the opportunity to discuss amendments. He referred to an article by James Fellows that reviewed social, political and economic values and how policital views were changing in that importance was shifting from the individual to groups and that community strength and well -being were based on the ability to create. He contended that now was the opportunity to set in motion deliberate development rather than automtic growth. He referred to a map in the chambers and regarded that 96 percent of Kodiak Island was zoned conservation. Regular Assembly Meeting December 2, 1993 1 OLD BUSINESS RECONSIDERATION ORDINANCE NO. 93 - 66 Volume XVII Page 166 1 y 2 Assemblymember Milligan felt reconsideration was warranted because there was not total inclusion of all people in the process. Assemblymember Austerman asserted that amendments concerned with new issues were key to the final decision. Assemblymember Hancock did not favor reconsideration in that amendments were appropriate at previous meetings. Assemblymember Monroe appreciated Assemblymember Gould's eloquent discussion but felt there was proper notification of meetings and invitations to participate. Presiding Officer McFarland was striving to make a bad thing good and supported Assemblymember Gould's motion as an effort to discuss amendments and create a better law. VOTE ON MOTION TO RECONSIDER Ayes: Gould, Milligan, McFarland Noes: Hancock, Monroe Austerman, Burt MOTION FAILED 3 Ayes, 4 Noes NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Contract No. 93 -65 Incinerator for Medical and CONTRACT Infectious Waste Materials at the Kodiak Island NO. 93 -65 Borough Landfill /Baler Facility. GOULD, seconded by AUSTERMAN moved to award Contract No. 93 -65 to Clarion Company of Kodiak, Alaska in an amount not to exceed $79,777. Mayor Selby explained that the incinerator allowed on Island elimination of infectious waste that currently was shipped off Island at a prohibitive cost. He noted the low bidder was Clarion Company. Assemblymember Austerman understood that the hospital received a $65,000 state grant that would be imparted Regular Assembly Meeting Volume XVII December 2, 1993 Page 167 Ayes: A 5 to the Borough toward purchase of the incinerator if an agreement was reached to not charge the hospital for use of the incinerator. He perceived that the hospital spent approximately $35,000 per year to ship infectious waste off Island and was concerned that without payment from the hospital for use of the incinerator, amortization was not foreseeable. Assemblymember Gould felt that discussion on the agreement to waive incinerator fees to the hospital was a separate issue. Mayor Selby gave a breakdown of cost accounting for the baler staff and explained that $35,000 over a ten year period was anticipated to fully cover the $80,000 initial construction cost and yearly operation costs. It was determined that $65,000 came from the hospital state grant and $20,000 from the landfill state grant. At questions raised, Mayor Selby explained that use of waste oil to fire the incinerator potentially caused increased savings. VOTE ON MOTION TO AWARD Hancock, Milligan, Monroe, Austerman, Burt, Gould, McFarland Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 93 -39 Designating the Mayor RESOLUTION and /or the Finance Director of the Kodiak NO. 93 -39 Island Borough as Acting Clerks for the Kodiak Island Borough for the Purpose of the Closing of the $9,215,000 School and Hospital Bonds Sales. Presented for consideration was Resolution No. 93 -39 which, if adopted, designated the mayor or finance director as acting clerks of the Kodiak Island Borough for the sole purpose of attesting the signature of the other under the seal of the Kodiak Island Borough to close the $9,215,000 General Obligation School and Hospital Bonds Sales. Regular Assembly Meeting Volume XVII December 2, 1993 Page 168 MONROE, moved to adopt Resolution No. 93 -39. seconded by AUSTERMAN Mayor Selby explained that Borough code required that the clerk attest mayor and finance director signatures and because Clerk Smith was not attending the closing of the bonds sales, it was necessary to designate the mayor and finance director as acting clerks. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Milligan, Monroe, Austerman, Burt, Gould, Hancock, McFarland Noes: None. MOTION CARRIED Unanimous RESOLUTION NO. 93 -40 2. Resolution No. 93 -40 Opposing the Amount of Financial Responsibility Required in Proposed Rulemaking by the Minerals Management Service. Presented for consideration was Resolution No. 93 -40 which, if adopted, urged the Minerals Management Service to prepare workable regulations that are fair and equitable and relate to the potential impact should an oil spill occur. AUSTERMAN, moved to adopt seconded by MILLIGAN Resolution No. 93 -40. Mayor Selby explained that the proposed rulemaking required proof of financial responsibility of $150 million for operators that handle oil in wetland areas. He said the private insurance market did not have capacity to provide for the financial responsibility requirement and the rulemaking potentially caused local governments and small operators financial hardship. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Monroe, Austerman, Burt, Gould, Hancock, Milligan, McFarland Noes: None Regular Assembly Meeting Volume XVII December 2, 1993 Page 169 MOTION CARRIED Unanimous 3. Resolution No. 93 -41 Approving a Special RESOLUTION Land Use Permit for a Portion of Borough- NO. 93 -41 owned Land Located on the North Shore of Viekoda Bay, on the West Side of Kodiak Island. Presented for consideration was Resolution No. 93 -41 which, if adopted, approved a special land use permit to John A. Cratty for his structures located on the north shore of Viekoda Bay (T26S R24W Section 8 S.M.) subject to the terms and conditions found in KIBC 18.50.030 and the conditions and restrictions recommended by the Kodiak Island Borough Planning and Zoning Commission. GOULD, moved to adopt seconded by AUSTERMAN Resolution No. 93 -41. Mayor Selby explained that the property, initially believed to be state land, was actually Borough land. He said the permit allowed continued use of the property as a setnet site. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous Austerman, Burt, Gould, Hancock, Milligan, Monroe, McFarland 4. Resolution No. 93 -42 Requesting Planning RESOLUTION Funds from the State of Alaska Department NO. 93 -42 of Health and Social Services to Develop Regional and Local Inpatient Mental Health Services. Presented for consideration was Resolution No. 93 -42 which, if adopted, requested funds from the State of Alaska and directed the mayor and Kodiak Island Borough staff to make application and accept and secure the State's interest in the planning project to develop a Certificate of Need. MILLIGAN, moved to adopt seconded by HANCOCK Resolution No. 93 -42. Regular Assembly Meeting volume xvII December 2, 1993 Pl.ge 170 There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Mayor Selby reported that the funds were to develop a certificate of peed to provide hospital services to mental health patients. He said the analysis provided insight into the cost of keeping patients in Kodiak. Noes: None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION Burt, Gould, Hancock, Milligan, Monroe, Austerman, McFarland 1. Ordinance No. 93 -69 Amending Kodiak Island Borough Code Chapter 2.17 Rules of the Assembly, Section 2.17.020 General Rules. Presented for consideration was Ordinance No. 93 -69 which, if adopted, updated the parliamentary procedures text "Roberts Rules of Order" in the Kodiak Island Borough Code. This item was advanced to public hearing on December 16, 1993 under "Consent Agenda ". D. OTHER ITEMS 1. Appointment of Assemblymembers to Kodiak Island Borough Boards, Commissions, and Committees for 1994. Presiding Officer McFarland gave a brief synopsis of his reasons for recommending Assemblymembers to specific boards, commissions and committees. AUSTERMAN, seconded by MILLIGAN Regular Assembly Meeting December 2, 1993 moved to appoint Assembly representatives to boards, commissions, and committees for 1994 as follows: Architectural Review Board /Building Code of Appeals - JOHN BURT Hospital and Health Facilities Advisory Board - ALAN AUSTERMAN ORDINANCES FOR INTRODUCTION ORDINANCE NO. 93 -69 OTHER ITEMS ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMISSIONS Volume XVII Page 171 f A 6 There was no discussion by the Assembly. VOTE ON MOTION TO APPOINT Noes: None MOTION CARRIED Unanimous A. MINUTES OF OTHER MEETINGS Mental Health Center Advisory Board - MIKE MILLIGAN- -- College Council - MARY MONROE Parks & Recreation Committee - SUZANNE HANCOCK Planning and Zoning Commission Comprehensive Management Plan Review Committee - GORDON GOULD Kodiak Transportation Committee - JACK MCFARLAND Emergency Services Council - JACK MCFARLAND (per code) School District Budget Review Committee - JOHN BURT Ayes: Gould, Hancock, Milligan, Monroe, Austerman, Burt, McFarland INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS 1. Planning and Zoning Commission Regular Meeting of October 20, 1993. 2. Service District No. 2 Advisory Board Meeting of May 26, 1993. 3. Kodiak Island Borough School District Regular Meeting of October 25, 1993. 4. Kodiak Island Hospital Advisory Board Meeting of October 27, 1993. B. REPORTS REPORTS 1. Kodiak Island Borough School District October 1993 Financial Report. C. OTHER None. CITIZEN COMMENTS None. MINUTES OF LEE MEETINGS OTHER CITIZEN COMMENT: Regular Assembly Meeting Volume XVII December 2, 1993 Page 172 ABBBMBLYMEMBER COMMENTS Assemblymember Hancock welcomed those interested in the Jon Isaacs and Associates study to attend meetings. She reviewed the scheduled meeting dates and felt it was important for people to be involved and part of the process. Assemblymember Burt was not comfortable with imposing a three percent fee on service districts prior to Assembly approval. He reported discussion at the last Assembly work session where valid points were raised. Assemblymember Monroe congratulated Cheryl Bolger as Employee of the Month. She respected Assemblymember Gould's opinion and was pleased that he was the Assembly representative on the Planning and Zoning Commission Comprehensive Management Plan Review Committee. Assemblymember Milligan commended Linda Freed, Community Development Director, for her competent scrutiny of the minerals management regulations. He complimented Mayor Selby and Finance Director Karl Short for their perfect direction of the bond ordinances. Assemblymember Austerman asked for discussion on the legislative session priorities with Senator Zharoff and Representative Davidson at an Assembly work session. He felt the three percent fee imposed on service districts was a service fee that caught the Assembly off -guard and contended the Assembly set fees. AUSTERMAN, seconded by BURT Regular Assembly Meeting December 2, 1993 moved that the Kodiak Island Borough is to return all monies to all service districts until a plan has been properly developed, with the concurrence of the Assembly, and the interest earnings remain property of service districts. Assemblymember Gould asked for an opinion from the Borough attorney because he felt the Assembly was extending into an administrative matter. ASSEMBLYMEMBER COMMENTS Volume XVII Page 173 GOULD, . seconded by MILLIGAN Mayor Selby suggested that the Assembly look at all facts before them at the next work session before requesting an opinion from the Borough attorney. VOTE ON MOTION TO POSTPONE Ayes: MILLIGAN, seconded by GOULD VOTE ON MOTION MOTION CARRIED ATTEST: Borough Cler Approved: 01/06/94 moved to postpone to December 16, 1993 regular meeting to await attorney's opinion. Hancock, Milligan, Monroe, Gould, McFarland Noes: Austerman, Burt MOTION CARRIED 5 Ayes, 2 Noes Presiding Officer McFarland announced the Assembly would meet in a work session on Thursday, December 9, 1993, at 7:30 p.m. in the borough conference room; Goals and Objectives Seminar on Saturday, December 11, 1993 at 9:00 a.m. in the borough conference room; a joint assembly /council work session on December 14 at 12:15 p.m. in the assembly chambers; and a regular meeting on Thursday, December 16, 1993, at 7:30 p.m. in the assembly chambers. moved to adjourn. ADJOURNMENT Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourn =- at 10:59 p.m. :+ • .. .:� { Officer Regular Assembly Meeting Volume XVII December 2, 1993 Page 174