1997-04-03 Regular MeetingRODIAR ISLAND BOROUGH
Regular Assembly Meeting
April 3, 1997
A regular meeting of the Kodiak Island Borough
Assembly was held April 3, 1997 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 Envoy Craig Fanning of
the Salvation Army, followed by the Pledge of
Allegiance.
There were present:
Robin Heinrichs,
Tom Abell
Bob Johnson
Gary Stevens
comprising a quorum
Jerome Selby, Mayor
Donna Smith CMC /AAE, Clerk
Judi Nielsen, Deputy Clerk
Linda Freed, Community Development Director
APPROVAL OF AGENDA AND CONSENT AGENDA
G. STEVENS,
seconded by MILLIGAN
VOTE ON MOTION TO APPROVE
MOTION CARRIED
APPROVAL OF MINUTES
A. K.I.B. Assembly Meeting
W. STEVENS,
seconded by MILLIGAN
VOTE ON MOTION TO APPROVE
MOTION CARRIED
Regular Assembly Meeting
April 3, 1997
Presiding
Tuck Bonney
Mike Milligan
Wayne Stevens
of the Assembly; and
moved to approve the
agenda and consent
agenda.
Unanimous voice vote
of March 6, 1997.
moved to approve the
minutes of March 6,
1997.
Unanimous voice vote
REGULAR MEETING
ROLL CALL
APPROVAL OF
AGENDA AND
CONSENT AGENDA
APPROVAL OF
MINUTES
Volume XXII
Page 154
AWARDS AND PRESENTATIONS
A. Employee of the Month
Mayor Jerome Selby presented the Employee of the
Month Award to Rachael Miller, personnel assistant in
the Mayor's Office.
CITIZENS' COMMENTS
A. Agenda Items Not Scheduled For Public Hearing
Betty Fitzjearl said she owned one of the ten parcels
affected by Ordinance No. 97 -07. She was in favor of
the ordinance and remained to answer questions.
Scott Arndt wanted Ordinance No. 97 -07 to be amended
to include property in Service District No. 1.
Jack McFarland stated that Ordinance No. 97 -04 was
not debated in public and the cost had increased.
The school district needed money and the endowment
fund was not funded. He spoke of future funding and
mill increases. He saw no reason for an executive
session to discuss future funding and mill rate
increases that would impact the community.
B. Items Other Than Those Appearing on the Agenda
phis Cline, hospital administrator, reported that the
hospital's financial performance was well above
similar hospitals in Alaska. He thanked the Assembly
for their support. The hospital was in the budget
process. He asked those who had not toured the new
hospital to call him.
Presiding Officer Heinrichs thanked Mr. Cline for the
good news. Mr. Cline again thanked the Assembly.
Mike Sirofchuck, said he would deliver two petitions:
one demanding a public hearing on the proposed rocket
launch complex and one opposing the complex. He
opposed the complex because it was his opinion that
the community did not want to lose Narrow Cape to the
rocket launch complex. He felt everyone was informed
and the complex was not good for the community. He
said Representative Austerman had comments that were
60 percent against the complex. He handed copies of
the first petition to Clerk Smith.
Regular Assembly Meeting
April 3, 1997
AWARDS AND
PRESENTATI01
EMPLOYEE OF THE
MONTH
CITIZENS'
COMMENTS
Volume
Page i»
David Glamann phoned in support of Mr. Sirofchuck's
comments. He felt the road system was growing
smaller and more was not needed.
Don Dumm was opposed to the complex for environmental
reasons. He felt that information was not made
available to the public and concerns were not
addressed. He thought a meeting between the Borough
and AADC would be beneficial. He wanted concerns
addressed and the Assembly to act for the majority.
Carolyn Kaltman opposed the launch complex. In
response to her inquiry, Mayor Selby outlined the
cost for lobbying services in Washington, D.C. and
Juneau. She wanted the launch complex placed on the
ballot.
Keith Hediger phoned in opposition to the complex. He
saw no positive long -range picture for the community
and wanted a vote.
Mary Glamann phoned to say she signed the petition
because she felt more research was needed.
Peter Allan asked about notice to mariners. Mayor
Selby said the public safety notices were released
one to two hours before a launch. Mr. Allan was
opposed to the complex if it impacted marine traffic.
pan Ervin phoned to say he originally supported the
complex; however, the environmental impact statement,
and what he saw as military subtrifuge, changed his
mind. He wanted a public vote.
Rae Jean Blaschka felt the complex was not studied
environmentally and now funding was available only
through the military. The complex may have been good
a few years ago but maybe not now. She would like a
vote or issues re- examined.
,Stacy Studebaker said she was a member of the AADC
community advisory group prior to its disolvement.
AADC no longer had a community advisory group and
director Pat Ladner said it would be some time before
one would be formed. Most of the information was
funneled through the mayor's office and she was not
sure that was the best source. She wanted answers
about the military. She supported efforts of the city
council to hold a public meeting.
Regular Assembly Meeting
April3, 1997
Volume XxII
Page 156
Rich Mcrntnsh said he wrote to Pat Ladner and the
AADC to ask for a public meeting. He agreed with
Ms. Studebaker's comments. He urged the Assembly to
request a public meeting in Kodiak.
Valerie White also opposed the complex. She said many
people spoke in opposition and none spoke in favor.
John Pfeif?r telephoned. He knew many who favored
the complex. He expected less of an environmental
impact because payloads would be less. He understood
the AADC would notice mariners 24 hours in advance,
and vessel traffic would not be prohibited. He
agreed more information was needed. Retail sales
were down 24 percent in Kodiak in the last quarter
and new funds were needed to enhance the economy.
Kristin Stahl - Johnson asked that the Borough tell
Senator Stevens and the Air Force that many people
opposed the complex. She felt the story was not told
in full and a public hearing was needed to know what
the community wanted.
Joe Floyd commended the Assembly for seeking a
diversification for Kodiak's economy. Rocket launch
complexes in the Lower 48 had seen economic benefit.
He hoped the Assembly would view community welfare
and regard the facility as a tremendous benefit.
Assemblymember Milligan said he supported the complex
from the start, but he understood that people wanted
to speak to representatives from the AADC.
In response to Assemblymember Johnson, Mayor Selby
said a public hearing was scheduled later this month.
COMMITTEE REPORTS
A. Kodiak Island Borough School Board Budget
Presentation.
Betty Walters, Superintendent, spoke of a $1.9
million increase that included three personnel, a
required library media specialist, and a supply
specialist. She wanted the Assembly to review a
five -year plan for the school district. She hoped
the budget was user friendly as requested. The
maintenance costs were reflected in the budget. The
distribution of programs was reflected in buildings
served as well as the pupil allocation per building.
Regular Assembly Meeting
April 3, 1997
COMMITTEE
REPORTS
SCHOOL BOARD
BUDGET
PRESENTATION
Volum&
Page 1)
Patrick Hickey, School District Business Manager,
enumerated calculations that were corrected. He
received justifiable criticism that the School
District could not justify where funds were spent and
that grants were not included in the budget. He
elaborated on a slide presentation that outlined the
school district budget needs. The budget was
available to the audience.
The local contribution increased in the last three
years because of Northstar Elementary School and the
use of the fund balance. Kodiak has historically
provided more than the minimum contribution required.
Assemblymember Milligan appreciated the presentation;
however, he preferred receiving information sooner.
He was concerned that student test scores were going
down. At his inquiry, Superintendent Walters said
the Iowa test figures for the past five years would
be compiled as soon as possible. She emphasized that
the test figures included special education and
bilingual students scores.
Assemblymember Bonney spoke to the credibility of the
Long -Term Funding Task Force study as items were
added to the budget after the fact. He wanted a
viable cost projection for the next five years so he
could equate it to the mill rate. Mr. Hickey
explained the budget typically grows between $7-
800,000 per year - equal to one mill per year. This
year's larger enrollment numbers received less
funding from the state.
In response to Assemblymember Bonney, Mr. Hickey said
the district received approximately $1.5 million in
grants that could be used for education. Grant funds
were not noted in the budget because they were meant
for supplemented programs.
Assemblymember Bonney inquired on the number of
programs cut in the last five years. Superintendent
Walters enumerated one honors class and vocational
tech classes at the high school were cut.
Approximately $50,000 with benefits was budgeted for
a teacher at the low end of the salary schedule, but,
depending on the expertise of the teacher, that
salary could be $60- 70,000. Currently, there was no
contract with the teachers for next year, much less
the next five years. There was a .33 percent
increase plus steps for classified employees.
Regular Assembly Meeting
April 3, 1997
Volume xxrt
Page 158
Assemblymember Bonney wanted assurances the existing
programs would remain. Mr. Hickey assured him the
request for funding was for programs and not cost -of-
living adjustments.
In response to Assemblymember G. Stevens, Mr. Hickey
said the total revenue needed for operations was 5.28
percent more than last year.
At Assemblymember G. Stevens' inquiry, Superintendent
Walters said there was a zero growth in student
population. Mr. Hickey added a ten percent decrease
in state and federal funding was expected, but he
hoped for level funding on the foundation formula.
Superintendent Walters said the number of students
had increased but there were fewer special education
students, many students moved from village to town,
particularly Chiniak students, and the number of
vocational education students decreased meaning less
funding for more students.
Mr. Hickey responded affirmatively to Assemblymember
G. Stevens' statement that this was a 48 percent
increase in the local appropriation since funding
last year's fund balance, but overall a 5% increase
of five percent.
In response to Assemblymember Abell, Superintendent
Walters outlined the positions lost as two at the
high school, one at the middle school, and .5 from
village principals. Also, the purchasing supervisor
position was eliminated last year but a similar
position was needed.
Superintendent Walters noted the items for in -kind
services for data processing support, Mental Health
Center support, insurance, and auditors were positive
to budget.
In response to Assemblymember Bonney, Superintendent
Walters said the desire was to maintain 25 students
in primary classes and 30 in intermediate classes.
The High School had manageable classes with 30
students; however, there were safety issues with
vocational education classes. The ESL class
increased.
Assemblymember Johnson complimented Superintendent
Walters and Mr. Hickey for their presentation.
Regular Assembly Meeting
April 3, 1997
Volum(
Page ,.,9
Assemblymember Milligan related to program questions
at the recent Education Summit. Kaia Tollefson
mentioned a concern that a number of middle school
students not headed for college. At his inquiry,
Superintendent Walters said there were programs in
place for those students, such as EOP, special
education, and the school to work program. Education
was changing to focus on the center of children.
Presiding Officer Heinrichs thanked Superintendent
Walters and Mr. Hickey for their presentation and
efforts to make the budget more readable.
Assemblymember Milligan attended Alaska Municipal
League Committee meetings in Juneau where discussion
centered on the Four Dam Pool and the Shuyak Island
park bill. He noted this had the highest attendance
for the spring meetings. Impacts from budget and
funding decreases were being felt throughout the
state. He thought the impacts would be reflected
when local taxpayers received their tax bills. House
Bill 51 regarding water standard revisions was
controversial. The local DEC seafood inspector
position could be lost.
Assemblymember Johnson said the September 27, 1997
Town Meeting would focus on education.
After a ten minute recess at 9:15 p.m., Presiding
Officer Heinrichs reconvened the regular meeting.
BOARD OF ADJUSTMENT BOARD OF
ADJUSTMENT
A. Appeal of Planning & Zoning Commission Case No.
96 -021 Conditional Use Permit to Permit a Log
Transfer Facility, Including In -water Transfer
of Logs, in the C- Conservation Zoning District
Generally Located Within Section 6, T30S, R2OW,
Near the Mouth of Myrtle Creek in Kalsin Bay.
(Applicant: Leisnoi Incorporated) (Appellant:
Leisnoi Incorporated)
Presiding Officer Heinrichs recessed the regular
meeting and convened the Board of Adjustment.
Presiding Officer Heinrichs outlined the procedures
for testimony this date and on May 1 to complete the
Board of Adjustment. The order of oral argument was:
private persons supporting the appeal, 10 minutes
each; private persons opposing the appeal, 10 minutes
each.
Regular Assembly Meeting
April 3, 1997
Volume `CC l
Page 160
Presiding Officer Heinrichs noted that those persons
testifying at this meeting would not be allowed to
testify again at the May 1 hearing. This hearing was
only for those not able to attend the May 1 hearing.
At his request, Clerk Smith outlined that only those
people who spoke or submitted written testimony to
the Planning and Zoning Commission, and those who
received appeal hearing notices and responded with
written testimony to the Board of Adjustment would be
allowed to testify.
None.
1. Private persons supporting the appeal.
2. Private persons opposing the appeal.
Oliver Holm said it was a difficult time of year for
fishermen. He asked the Assembly to uphold the
Commission's decision. It was unrealistic and
difficult for the Borough to enforce the conditions
of the conditional use permit if it had been granted.
He referred to a map that was displayed and noted the
area was larger than that shown on the map. Bark was
a problem for marine life, and the location was poor
because of wide open access to the North Pacific.
peter Allan asked the Assembly to uphold the
Commission's decision. He called attention to Danger
Bay and the log transfer facility where log ships had
difficulty moving through the area. He thanked the
Assembly for considering his comments.
D. Cornelius asked the Assembly to uphold the
Commission's decision. He did not want to lose
renewable fisheries resources.
At the request of Assemblymember Milligan, Presiding
Officer Heinrichs explained the role of the Assembly
as the Board of Adjustment.
Presiding Officer Heinrichs recessed the Board of
Adjustment to May 1 and reconvened the regular
meeting.
Regular Assembly Meeting
April 3, 1997
Volumel
Page 161
MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM
MAYOR
Mayor Selby complemented the Coast Guard and the
Kodiak King tug for responding to the log ship that
nearly grounded in Danger Bay. He was pleased that
there was a mechanism in place to respond to problems
by sharing resources.
He provided funding summaries from five non - profit
representatives that would speak to the Assembly at
the April 24 work session. Additional information
would be provided if requested. The other non - profit
representatives would be available at the June 5
budget public hearing.
He received a letter from the University of Alaska
Board of Regents appreciating the establishment of an
education fund and vision for future education.
There was discussion in Juneau about eliminating the
seafood inspector position. He was confident that
would not happen in Kodiak as it would cause a severe
impact to the community. Residents should pay close
attention to the state budget process and how
services were eliminated or costly requirements
established.
Also discussed was the landfills. If the Alaska
Department of Environmental Conservation dropped
their services, the landfill could be overseen by the
federal Environmental Protection Agency. That agency
could require a clay cover over the landfill on a
daily basis rather than using shot rock at a cost of
up to $450,000. The cost would be paid through
garbage fees, because the landfill operated as an
enterprise fund.
He urged residents to contact state Senator Mackey
and Representative Austerman with fishing concerns to
ensure that the economy that kept Kodiak alive was
not destroyed.
He reported there was a good chance that the Shuyak
Island park bill would pass. Representative
Austerman and Senator Mackey were very positive, as
well as others.
The Senate was working on the capital budget. AML
and the Mayor's Conference agreed there was a lack of
funding for infrastructure needs, as well as match
Regular Assembly Meeting
April 3, 1997
Volume R,XQII
Page 162
monies for local community projects. A capital
budget was needed to sustain infrastructures.
The school foundation formula unit has stayed at
$61,000 for six years even though costs have risen.
Local contributions or trimming of school district
budgets have made up the 18 percent inflation. This
represents money to local governments while the state
maintains.
He received the Flat Fish Study from Brenda Norcross
that would be reviewed by the Assembly in the near
future.
He distributed the draft Borough budget. He noted
the last major Borough land sale was ten years ago.
It was best to take care of infrastructure needs now
to unburden the general fund budget. He hoped to
provide quality education facilities. If teachers
struggled with a problem facility, students would not
receive quality instruction.
Presiding Officer Heinrichs asked if there would be a
critique of the near grounding in Danger Bay. At the
request of Mayor Selby, Linda Freed, Community
Development Department Director, said information was
available and could be provided to the Assembly. She
had not spoken with the Coast Guard but had spoken
with the Department of Conservation. She thought the
Coast Guard captain would provide a report.
OLD BUSINESS OLD BUSINESS
A. Contract No. 97 -18 Professional Services CONTRACT
to Conduct an Exclusive Search for a NO. 97 -18
Programmer /Analyst.
The motion to award Contract No. 97 -18 to Computer
Group, Inc. of Bellevue, WA in an amount not to
exceed $11,549 was before the Assembly.
Mayor Selby reported that funds were spent to
advertise the position. Staff's need was to fill the
position.
In response to Assemblymember Milligan, Mayor Selby
said there were calls expressing interest if the
position was re- advertised because of discussion at
the last meeting. At Assemblymember Milligan's
additional question, Mayor Selby said using a search
firm was an advantage.
Regular Assembly Meeting
April3, 1997
Volume
Page 163
Assemblymember Milligan wondered if the position
required specific technology. Mayor Selby said the
increase in systems 400 increased the demand for
operators. He was looking for an individual that had
a desire to live in Kodiak.
In response to Assemblymember Milligan, Mayor Selby
said a search firm was not used for the last
operator.
At Assemblymember Bonney's inquiry, Mayor Selby said
three resumes were received in the past three weeks.
Assemblymember Bonney totaled the cost of the
position for one year at $80,000. He saw people
turned down for the job because they were not
qualified. He asked if the job description was so
close- minded that no one in Kodiak was qualified.
When Mayor Selby said he was not saying that,
Assemblymember Bonney suggested the position would
become permanent. Mayor Selby was adamant that the
position would not be funded past 18 months.
Assemblymember Bonney said training experts expected
4 -6 weeks of training but the Borough expected 4 -6
months. He was not convinced that a local resident
could not fill the position.
Assemblymember Abell thought it would be worth it to
advertize and utilize services of people here now.
Assemblymember Johnson thought a staff member could
train someone to manage the system and then the
position would not be needed. Mayor Selby said the
new software was acquired and would be brought on
line while maintaining old software at the same time
while transferring data. This process will take 18
months to 2 years.
Assemblymember Johnson was concerned about non-
productive efforts. He wondered about contracting
the position.
Assemblymember W. Stevens said the use of executive
search firms was not new to Kodiak. He shared
Assemblymember Bonney's frustration at not hiring
locally if qualified people lived in Kodiak.
Assemblymember Milligan was also frustrated. He
wanted to look at local applicants.
Regular Assembly Meeting
April 3, 1997
Volume XXII
Page 164
Mayor Selby outlined the statutes and laws followed
when hiring. He could advertise locally to see who
was available in the community.
JOHNSON,
seconded by ABELL
When Assemblymember G. Stevens said he was concerned
about vague wording, Assemblymember Bonney agreed.
VOTE ON MOTION TO POSTPONE
Ayes: Johnson
Noes: Abell, Bonney,
Milligan, G. Stevens,
W. Stevens, Heinrichs
MOTION FAILED 1 Aye, 6 Noes
VOTE ON MOTION TO AWARD
Ayes: None
Noes: Bonney, Johnson,
Milligan, G. Stevens,
W. Stevens, Abell,
Heinrichs
MOTION FAILED Unanimous
BONNEY, Moved to direct the
seconded by JOHNSON mayor to advertise and
interview locally.
When Assemblymember G. Stevens asked about
advertising statewide, Mayor Selby said he did not
need direction as he would abide by the personnel
policy to advertise.
Assemblymember Bonney withdrew his motion with the
concurrence of the second.
Regular Assembly Meeting
April3, 1997
moved to postpone
Contract No. 97 -18
until the mayor has
time to advertise and
interview locally.
Volume
Page 165
NEW BUSINESS
NEW BUSINESS
A. AWARDS
AWARDS
1. Contract No. 97 -19 Chiniak School CONTRACT
Teacherage Housing Replacement. NO. 97 -19
JOHNSON, moved to award Contract
seconded by BONNEY No. 97 -19 to Northwest
Manufactured Homes of
Kodiak in an amount not
to exceed $87,500.
Mayor Selby said the present structure was not
suitable for living quarters, but it would be used
during the NIRF construction.
In response to Presiding Officer Heinrichs, Mayor
Selby said the teacherage was not required but was
provided as a convenience and a watch house.
Assemblymember Milligan was concerned that there were
water fixtures on the outside walls. He did not want
to spend funds to repair frozen pipes. Mayor Selby
would pass the concern on to the Engineering/
Facilities Department Director for a closer look
because it was an Alaskan package design for harsher
climates.
At Assemblymember Johnson's inquiry, Mayor Selby said
the teachers paid rent, but he was not sure if only
teachers could rent the building.
Assemblymember G. Stevens was not convinced about
providing housing for Chiniak teachers. He asked if
the teachers earned additional salary for cost of
living.
Mayor Selby emphasized the advantage of site control
of the school to eliminate vandalism.
In response to Assemblymember Abell, Mayor Selby said
the Borough was not involved in renting the building
to teachers, that was handled by the school district
for all village teacherages provided.
When Assemblymember Heinrichs asked what the offset
value of the mobile home at the site of the NIRF
construction site was, Mayor Selby estimated $24,000.
Regular Assembly Meeting
April3, 1997
Volume XXII
Page 166
VOTE ON MOTION TO AWARD
Ayes:
Johnson, Milligan,
W. Stevens, Bonney,
Heinrichs
Noes: G. Stevens, Abell
MOTION CARRIED 5 Ayes, 2 Noes
After a five minute recess at 10:50, Presiding
Officer Heinrichs reconvened the regular meeting.
B. RESOLUTIONS RESOLUTIONS
All resolutions and ordinances presented at this
meeting were introduced by title only and copies made
available to the public.
1. Resolution No. 97 -17 Recognizing the
Valuable Assistance Provided by the State
of Alaska Department of Community and
Regional Affairs.
Presented for consideration was Resolution No. 97 -17
that, if adopted, urged the governor and legislature
of the State of Alaska to continue level funding for
the Department of Community and Regional Affairs.
JOHNSON, moved to adopt
seconded by W. STEVENS Resolution No. 97 -17.
Clerk Smith said the DCRA provided invaluable service
to clerks and municipalities throughout the state.
Mrs. Wayne Stevens called to report that there was a
fire at the Tyson Seafoods plant.
VOTE ON MOTION TO ADOPT
Ayes:
Noes: None
MOTION CARRIED Unanimous
Regular Assembly Meeting
April 3, 1997
Milligan, G. Stevens,
W. Stevens, Abell,
Bonney, Johnson,
Heinrichs
RESOLUTION
NO. 97 -17
Volume . .
Page 167
C. ORDINANCES FOR INTRODUCTION
1. Ordinance No. 97 -04 Authorizing an
Investment of an Amount in the Kodiak
Island Borough Facilities Fund in the Lease
of the Near Island Research Facility,
Appropriating the Sum of $8,000,000 From
the Facilities Fund for Such Investment,
Appropriating Certain Ground Rent Under the
Lease of the Near Island Research Facility
to the Facilities Fund, and Providing for
Related Matters.
Presented for consideration was Ordinance No. 97 -04
that, if adopted, authorized the mayor, finance
director, borough clerk, or other authorized person
to execute certificates, documents, opinions, or
other papers necessary to implement the intent of the
ordinance.
Ordinance No. 97 -04 was advanced to public hearing on
April 17, 1997 under "Consent Agenda ".
2. Ordinance No. 97 -05 Amending Kodiak Island
Borough Code of Ordinances Title 15
Buildings and Construction to Conform With
Changes in the Unified Building Code
Published by the International Conference
of Building Officials and to Standardize
the Kodiak Island Borough and the City of
Kodiak Building Codes.
Presented for consideration was Ordinance No. 97 -05
that, if adopted, adopted building codes identical to
that of the City of Kodiak as identical codes are of
great benefit to builders, property owners, and
staff.
Ordinance No. 97 -05 was advanced to public hearing on
April 17, 1997 under "Consent Agenda ".
3. Ordinance No. 97 -06 Rezoning Tract A and
Lot 7, Industrial Park Subdivision From
I-- Industrial TQ RB -- Retail Business.
(2522 and 2620 Selief Lane)
Presented for consideration was Ordinance No. 97 -06
that, if adopted, rezoned property consistent with
the Lakeside Subdivision /Safeway Subarea Plan.
Regular Assembly Meeting
April 3, 1997
ORDINANCES FOR
INTRODUCTION
ORDINANCE
NO. 97 -04
ORDINANCE
NO. 97 -05
ORDINANCE
NO. 97 -06
Volume XXQ
Page 168
Ordinance
April 17,
Regular Assembly Meeting
April 3, 1997
W. STEVENS,
seconded by ABELL
No. 97 -06 was advanced to public hearing on
1997 under "Consent Agenda ".
4. Ordinance No. 97 -07 Amending Kodiak Island
Borough Code of Ordinances Title 4 Service
Areas Chapter 4.50 Womens Bay Service Area
to Add Chapter 4.50.015 Service Exemptions
to Reflect an Exemption For State Road
Access for Parcels Not Receiving Any
Benefit from Road Construction and
Maintenance.
Presented for consideration was Ordinance No. 97 -07
that, if adopted, amended Borough code to reflect an
exemption for Womens Bay Service Area properties not
receiving benefit from road construction and
maintenance.
moved to adopt
Ordinance No. 97 -07 in
first reading to
advance to public
hearing on March 20,
1997.
Assemblymember Milligan asked how this would affect
Service District No. 1 and the basic concepts about
taxing service districts. Mayor Selby indicated it
would not increase taxes to others.
Assemblymember Milligan asked about Mr. Arndt's
suggestion of adding Service District No. 1 to the
ordinance. Mayor Selby said there was a need to
specifically look at Service District No. 1 to see if
it was comparable. State roads intertwine with
service area roads to make it a much more complicated
issue. Also, there was a need to discuss whether
some roads currently maintained by the state will be
incorporated with the service area. The ten lots on
the Chiniak Highway have no access to service area
roads. The parcels were not being removed from the
service area; they were being exempted from paying
the road portion of the tax.
Assemblymember Johnson had mixed feelings. He did
not have children in school but he paid school taxes
because the community benefited. There were other
roads in Womens Bay that those individuals utilized.
If the Borough owned all roads it would be simple.
ORDINANCE
NO. 97 -07
OTHER ITEMS
Volume
Page 169
Assemblymember G. Stevens said the tax was for
services received and no services were received.
Assemblymember Milligan suspected there was some
difference in Title 29, whereby the standard for the
service districts was different from taxing for
schools.
Assemblymember Johnson considered it a matter of the
community versus the individual. Many things do not
benefit the individual but benefit the community.
VOTE ON MOTION TO ADVANCE
Ayes:
Noes:
D.
OTHER ITEMS
MILLIGAN,
seconded by W. STEVENS
Regular Assembly Meeting
April 3, 1997
G. Stevens, W. Stevens,
Abell, Bonney, Johnson,
Milligan, Heinrichs
None
MOTION CARRIED Unanimous
1. State of Alaska Alcoholic Beverage Control
Board Liquor License Application for
Renewal of Northland Ranch Resort Beverage
Dispensary License.
There was no discussion by the Assembly.
moved to voice non -
objection to the liquor
license renewal
application of
Northland Ranch Resort
Beverage Dispensary
License unless the case
pending for a person
under 21 serving and
drinking alcoholic
beverages in the bar
prohibits renewal of
the application by the
Alcoholic Beverage
Control Board.
NORTHLAND RANCH
RESORT LIQUOR
LICENSE
APPLICATION
Volume XXfl
Page 170
VOTE ON MOTION
Ayes:
Noes: None
MOTION CARRIED Unanimous
INFORMATIONAL
INFORMATIONAL MATERIALS (No action required) MATERIALS
W. Stevens, Abell,
Bonney, Johnson,
Milligan, G. Stevens,
Heinrichs
A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER
MEETINGS
1. Personnel Advisory Board Meetings of
September 18 and November 20, 1996.
2. Mental Health Center Advisory Board Meeting
of February 24, 1997 and Work Session Notes
of March 3, 1997.
3. Planning & Zoning Commission Meeting of
February 19, 1997.
4. Service District No. 1 Board Meeting of
March 4, 1997.
B. REPORTS REPORTS
1. Kodiak Island Borough March 1997 Financial
Report.
2. Mental Health Center March 1997 Reports.
3. Engineering /Facilities Department February
1997 Project Updates.
C. OTHER
None.
CITIZENS' COMMENTS
Jack McFarland appreciated the Assembly and School
Board members. He said Superintendent Walters and
Mr. Hickey presented a good budget. He felt the need
to return to the community to maintain a good public
education system. With a dedicated board, all the
elements were in place. The Board and the public
were behind the Assembly because without oil revenues
the economy dictated this. He wanted the Assembly to
review the feasibility of an endowment fund. He
appreciated the diverse issues the assembly dealt
with.
Regular Assembly Meeting
April 3, 1997
OTHER
CITIZENS'
COMMENTS
Volume:
Page 171
Betty Fit2,4Aarl thanked the Assembly for their
attention to all the issues tonight. She clarified
through Mayor Selby that the Borough does not have
road powers.
Woody Koninq supported the school district budget and
appreciated the proactive approach.
Alex Rice telephoned to state his appreciation of the
Assembly for taking care of local government. He
encouraged the adoption of Resolution No. 97 -05 to
allow harvesting and milling of spruce trees.
ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER
COMMENTS
Assemblymember Johnson was concerned about cuts from
the legislature. He viewed the permanent fund as a
sacred cow but, if used, could ease the cuts and help
maintain support programs. He supported the School
District budget as he was willing to pay for
education.
Assemblymember G. Stevens was concerned about the
school district request for an increase without
increased students and no state cuts. He felt it
would be hard to convince taxpayers to pay more
taxes.
Assemblymember Bonney noted the number of people who
spoke to the proposed Rocket Launch Complex. He had
not personally made a decision about the complex. He
asked the public to remember that the Coast Guard was
one of the best neighbors possible.
Assemblymember Milligan thanked Mr. Rice for calling.
He supported establishing an advisory group to debate
the facts about the complex. He hoped for a public
meeting and debate.
Assemblymember W. Stevens congratulated Rachael
Miller as Employee of the Month. Ms. Miller was
staff representative to the Airport Advisory
Committee and he felt privileged to work with her.
He also traveled to Juneau. It was apparent that the
legislature was shifting the cost of state government
to local government. Reduced state funding meant
communities would have to pay or lose programs.
At 11:30 p.m., per Borough Code, a motion was
necessary to extend the time of the meeting.
Regular Assembly Meeting
April 3, 1997
Volume ?Oat
Page 172
G. STEVENS,
seconded by W. STEVENS
VOTE ON MOTION TO EXTEND
MOTION CARRIED Unanimous
Presiding Officer Heinrichs also congratulated
Ms. Miller, whom he considered very professional and
well deserving.
Presiding Officer Heinrichs announced that the
assembly would meet in work session Thursday, April
10 at 7:30 p.m. in the borough conference room and a
regular meeting on Thursday, April 17 at 7:30 p.m. in
the assembly chambers.
EXECUTIVE SESSION
A. Budget Financial Impact.
W. STEVENS,
seconded by G. STEVENS
Regular Assembly Meeting
April 3, 1997
moved to extend
the meeting to
midnight.
moved to convene into
executive session to
discuss the financial
impact on the proposed
fiscal year 1998
budget.
Assemblymember Milligan spoke against the motion. He
said the Open Meetings Act had clear guidelines for
executive sessions.
Assemblymember Bonney also spoke against the motion.
He did not want to discuss the mill rate and the
school district budget outside of the public purview.
Assemblymember G. Stevens was also cautious about
executive session. At his question, Mayor Selby said
this was regarding financial matters and the need for
the Assembly to give direction was authorized for
executive session.
Assemblymember G. Stevens felt the Assembly should
honor Mayor Selby's request. He responded to
Assemblymember Johnson that it was the responsibility
of the Assembly to give direction and if no direction
was given, they were abdicating their responsibility.
Assemblymember Milligan was of the opinion a work
session would be a better vehicle.
EXECUTIVE
SESSION
BUDGET FINANCIAL
IMPACT
Volume ....0
Page 173
VOTE ON MOTION
Ayes: Abell, G. Stevens,
W. Stevens, Heinrichs
Noes: Bonney, Johnson,
Milligan
MOTION CARRIED 4 Ayes, 3 Noes
Presiding Officer Heinrichs announced that no action
was anticipated as a result of the executive session.
At 11:37 p.m. Presiding Officer Heinrichs recessed
the regular meeting and convened the executive
session.
At 11:58 p.m. Presiding Officer Heinrichs recessed
the executive session and reconvened the regular
meeting.
Per Boro Code, a motion was necessary to extend the
time of the meeting.
G. STEVENS, moved to extend the
seconded by MILLIGAN meeting to 12:30 a.m.
VOTE ON MOTION TO EXTEND
MOTION CARRIED Unanimous voice vote
At 11:59 p.m. Presiding Officer Heinrichs recessed
the regular meeting and convened the executive
session.
At 12:22 a.m. Presiding Officer Heinrichs recessed
the executive session and reconvened the regular
meeting.
There being no further business to come before the
Assembly, the meeting adjourned at 12:23 a.m.
ATTEST:
W Oren a_ . /7m417-04
Donna F. Smith, CMC /AAE
Borough Clerk Adopted: 05 /01/97
Regular Assembly Meeting
April 3, 1997
Robin Heinrichs
Presiding Officer
ADJOURNMENT
Volume XXQ
Page 174