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1994-08-18 Regular Meeting4 9 KODIAK ISLAND BOROUGH Regular Assembly Meeting August 18, 1994 A regular meeting of the Kodiak Island Borough Assembly was held August 18, 1994 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. Presiding Officer McFarland led the Pledge of Allegiance. There were present: Jack McFarland, Presiding Alan Austerman John Burt Mary Monroe Mike Milligan (arrived 7:35 p.m.) absent: Gordon Gould Suzanne Hancock comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC, Clerk Jane Edmonds, Records Coordinator Assemblymembers Gould and Hancock were out -of -town on vacation and asked to be excused. MONROE, seconded by AUSTERMAN moved to excuse Assemblymembers Gould and Hancock, VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote APPROVAL 08 AGENDA AND CONSENT AGENDA AUSTERMAN, seconded by MONROE Clerk Smith read the items for consideration under "Consent Agenda ". Regular Assembly Meeting August 18, 1994 moved to approve the agenda and consent agenda. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA Volume XIX Page 1 VOTE ON MOTION TO APPROVE Ayes: COMMITTEE REPORTS Regular Assembly Meeting August 18, 1994 None Austerman, Burt, Milligan, Monroe, McFarland Noes: Absent: MOTION CARRIED Unanimous APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of July 26, 1994. This item was approved under "Consent Agenda ". AWARDS AND PRESENTATIONS Gould, Hancock Mayor Selby asked for a moment of silence for the Mike Merritt family. Assemblymember Austerman, Hospital Advisory Board representative, reported on the Board's efforts to form a foundation to raise money for new hospital equipment. He said Hospital Development, Inc. (HDI) representatives were in Kodiak and determined it was feasible to raise funds in Kodiak specifically for hospital equipment. He announced a special meeting scheduled for Monday, August 22 at noon in the hospital conference room and anticipated the Board would award the $186,000 contract to HDI to do the fund raising. Assemblymember Burt attended the last Planning and Zoning Commission work session where rezones were discussed. CITIZEN COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. APPROVAL OF MINUTES AWARDS AND PRESENTATIONS COMMITTEE REPORTS CITIZEN COMMENTS e . <IX . ;e 2 PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. 1. Ordinance No. 94 -10B Amending Ordinance ORDINANCE No. 94 -10 Fiscal Year 1995 Budget (Capital NO. 94 -10B Project Matching Grant Receipt). Presented for consideration was Ordinance No. 94 -10B that, if adopted, accepted grant funds of $213,361 for the Kodiak High School Classroom /Code Upgrade Project, Phase IV. AUSTERMAN, moved to adopt seconded by MONROE Ordinance No. 94 -10B. Mayor Selby explained that the grant funds were committed to the Kodiak High School Phase IV Project. Presiding Officer McFarland called for public testimony; hearing and seeing none, he reconvened the regular meeting. At questions raised by Assemblymember Burt, Mayor Selby outlined the total cost of the project was approximately $1.2 million. He said grant funds would be spent first and Borough funds spent last. VOTE ON MOTION TO ADOPT Ayes: Burt, Milligan, Monroe, Austerman, McFarland Noes: Absent: MOTION CARRIED Regular Assembly Meeting August 18, 1994 None Unanimous Gould, Hancock 2. Ordinance No. 94 -16 Establishing Chiniak Service ORDINANCE District to Provide Maintenance and Services for NO. 94 -16 the Chiniak Tsunami Shelter -- Community Center- - Library Building. Presented for consideration was Ordinance No. 94 -16 that, if adopted, would place on the October 4, 1994 municipal election ballot the question of establishing a service district to provide library facility services to the residents of Chiniak. AUSTERMAN, moved to adopt seconded by MILLIGAN Ordinance No. 94 -16. Volume XIX Page 3 Regular Assembly Meeting August 18, 1994 2 t n n 9 Mayor Selby explained that Chiniak residents wanted the question of forming a service district placed on an October ballot. He noted that because land ownership was diverse, the petition was a show of support. Presiding Officer McFarland opened the public hearing. Ellie Werbe spoke in favor of forming a service district. She felt residents were fortunate to have a facility that provided library services and a place for community gatherings. Assemblymember Milligan agreed and felt the facility integrated well with the school. At his question, Ms. Werbe stated the Black Canyon and Cape Greville areas were included because there were two large planned subdivisions in those areas and residents would use the facility. Andrew Van Atta stated he utilized Chiniak library services regularly for school research. Jane Van Atta wondered if library services would continue if the service district was not formed. Mayor Selby explained the intent was to move the library into the existing tsunami shelter. He said the service district would provide maintenance, heat, lights and a potential addition. Ms. Werbe said there was a feeling that the tsunami shelter was thrust on the community and residents were paying for borough mistakes. She said the Chiniak School and library purchased books and reference materials collectively so duplication was eliminated. She noted that Ginny Sargent's grandson used the library. Ms. Werbe read a letter from Elaine Griffin relating that Chiniak School children relied heavily on the library, and studies indicated that access to libraries benefited children in future success. She felt the tsunami shelter was too small. Betty O'Dell, favored formation of a service district and did not oppose increased taxes. She thanked the Assembly and Borough staff for their support. Assemblymember Monroe considered that potential future subdivisions in the Cliff Point and Black Canyon areas warranted enlarging the boundary. Ms. O'Dell agreed this would be the right time to include areas to be subdivided. Volume XIX Page 4 Presiding Officer McFarland closed the public hearing and reconvened the regular meeting. At questions raised by Assemblymember Milligan, Mayor Selby stated that 80% of Omar Stratman's property was under agricultural exemption and was not taxable. At further questions, Mayor Selby deferred to Betty Walters, Kodiak Island Borough School District Assistant Superintendent, who delineated the school district boundary in that children living in Bells Flats attended Peterson Elementary School and children living beyond Bells Flats attended Chiniak School. Presiding Officer McFarland opened the public hearing. Woody Koninq phoned to speak in support of the ordinance. He felt Chiniak was a dynamic, growing community and the service district was needed. He noted that the Chiniak School addition was placed on the capital improvement list. He said some Chiniak residents were dubious about the existing tsunami shelter but he felt Assembly efforts were in the best interest of residents. He felt the library was valuable and a tax increase was a small price to pay for services received. He urged the Assembly to adopt the ordinance. Presiding Officer McFarland closed the public hearing and reconvened the regular meeting. Because Assemblymember Burt felt that residents closer to Bells Flats would look to Womens Bay Service District for fire and road services, he proposed providing a buffer zone by ending the boundary at Thumbs Up Cove. When Assemblymember Burt made the motion to amend Ordinance No. 94 -16 to end the boundary at Thumbs Up Cove at the boundary marker, Assemblymember Milligan seconded the motion but suggested a more formal motion by delineating the boundary at T29SR19. Assemblymember Burt withdrew his motion with the concurrence of the second. BURT, seconded by Milligan Regular Assembly Meeting August 18, 1994 Assemblymember Milligan the library, school and 2 moved to amend Ordinance No. 94 -16 by establishing the north boundary at T29SR19. felt the association between boundary should be preserved. ':a:. -.e XIX Page 5 1 He anticipated future development on Lesnoi, Inc. property and increased library use. He contended that students with access to library services were academically competitive. When Assemblymember Austerman stated he was a shareholder in Lesnoi, Inc., Presiding Officer McFarland ruled no conflict -of- interest because there was no financial gain. At Assemblymember Burt's inquiry, Mayor Selby said that overlapping service districts was acceptable and referred to the three service districts in a single fire service district in the Monashka Bay area. He added that each service district was an entity. Assemblymember Austerman said the ordinance set the boundaries and it was important to allow residents to vote on the question. He stated several private properties were omitted and, although he did not like to impose taxes, the boundaries should be expanded to include the Middle Bay and Cliff Point areas since the school and library services were tied together. Assemblymember Milligan felt Assemblymember Austerman's comments were on point. At his question, Betty O'Dell stated she envisioned a multi- purpose facility that accommodated community meetings, first aid /CPR classes, voting site and a preschool available to all residents. She acknowledged what was determined by the voters would be a library with limited use or virtually the same program offered now. She reiterated the library was open to everyone. Assemblymember Milligan did not feel it was feasible, with current state trends, to bus future Cliff Point students to the Chiniak School. Presiding Officer McFarland did not want to constrict the future of the service district. He said there was the potential for future development and the Assembly would be short - sighted to draw the line at Thumbs Up Cove. VOTE ON MOTION TO AMEND Ayes: Noes: Absent: Gould, Hancock Regular Assembly Meeting August 18, 1994 Burt Milligan, Monroe, Austerman, McFarland Volume XIX Page 6 MOTION FAILED 1 Aye, 4 Noes At questions raised by Assemblymember Austerman, Mayor Selby explained that the Borough Assessor described the boundaries in legal terms. AUSTERMAN, moved to amend seconded by MILLIGAN Ordinance No. 94 -16 to include the section that contains that piece of private property on the north side of the Kalsin Bay line and extending the line straight up and back to include the private property in the Middle Bay area. When Mayor Selby clarified the motion was to include the section line due west at the extreme south end of the boundary and then due north ending at Middle Bay, Assemblymember Austerman responded affirmatively. Presiding Officer McFarland stated the boundary would transect the road to Saltery Cove. VOTE ON MOTION TO AMEND Ayes: Monroe, Austerman, Milligan, McFarland Noes: Burt Absent: Gould, Hancock MOTION CARRIED 4 Ayes, 1 No Assemblymember Austerman allowed that this was the process to create a service district. He challenged the Chiniak community to form a service district to fund services in a community building. He was committed to allowing the voters to make the decision. Assemblymember Monroe felt the amendment was appropriate. She thanked Andrew van Acca for listening and speaking. At Assemblymember Milligan's question, Mayor Selby stated the mil rate would not be on the ballot. He said if voters approved the ballot measure, the Assembly appointed board would determine the mil rate. Regular Assembly Meeting August 18, 1994 .-e XIX i;e 7 VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: Absent: MOTION CARRIED Austerman, Milligan, Monroe, McFarland Burt Gould, Hancock 4 Ayes, 1 No After a ten minute recess at 8:28 p.m., Presiding Officer McFarland reconvened the regular meeting. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported that the Alaska Aerospace Development Corporation (AADC) issued a contract for preparation of a foreign trade zone application for the Borough. He said AADC consultants would gather information and report to the Borough. He announced that the Exxon Valdez oil spill litigation was progressing. He said funding for the new ferry was pending and the federal payment in lieu of tax was before the senate. He announced that Peterson Elementary School would open on schedule; however, the gym would not be completed for three to four weeks. He reported that the Kodiak High project was on schedule. He announced the upcoming Kodiak audit. OLD BUSINESS Regular Assembly Meeting August 18, 1994 School renovation Island Borough He informed the Assembly that Alaska Municipal League /Joint Insurance Association (AML /JIA) representatives were in Kodiak working on a risk management analysis. He said all Borough coverage would be reviewed to reduce risk and premium costs. When questioned by Assemblymember Burt, Mayor Selby explained that free enterprise, or free trade zones, were technically termed foreign trade zones. A. Ordinance No. 94 -14 Placing the Question of Altering the Boundary of Service District No. 1 on an October 4, 1994 Ballot. MESSAGES FROM MAYOR OLD BUSINESS ORDINANCE NO. 94 -14 Volume XIX Page 8 VOTE ON MOTION TO ADOPT Ayes: Noes: Regular Assembly Meeting August 18, 1994 Presented for consideration was Ordinance No. 94 -14 that, if adopted, placed the question of altering the boundary of Service District No. 1 by detachment of a specific area on an October 4, 1994 ballot. The motion to adopt Ordinance No. 94 -14 was before the Assembly. Assemblymember Austerman understood that Ed Mahoney indicated he might withdraw his signature from the petition but had not formally done so. He felt the petition was qualified, and he supported the right of the public to petition the assembly. Assemblymember Monroe also supported the right of the, public to petition the assembly but felt that many issues in the service district were not decided; therefore, the time was not right. Assemblymember Burt felt it was the appropriate time. Mayor Selby made clear the significant change since the petition was filed prior to the decision that water /sewer lines would be installed so the residents would receive the service district's services. Presiding Officer McFarland read the petition and contended that the question was whether services would be provided, and services would be provided. He was cognizant of the precedent that could be set, thereby turning service districts into chaos. Assemblymember Burt reiterated his understanding that taxes were not the issue but that residents did not want to be part of the city if the area was annexed. Austerman, Burt, Milligan, Monroe, McFarland Absent: Gould, Hancock MOTION FAILED 2 Ayes, 3 Noes Presiding Officer McFarland recessed the regular meeting and convened the Board of Adjustment. Volume XIX Page 9 MONROE, seconded by AUSTERMAN Regular Assembly Meeting August 18, 1994 1 4 B. BOARD OF ADJUSTMENT - Findings -of -Fact An appeal of the Planning & Zoning Commission's denial of a preliminary plat of the subdivision of Lot 7A, Block 5, Miller Point Alaska Subdivision creating Lots 7A -1 through 7A -6, Block 5, Miller Point Alaska Subdivision, 4053 Cliffside Drive. (Applicant: Edward Gondek and Lenhart Grothe) (Appellant: Gondek and Grothe, Agent: Ecklund Surveying) The motion to adopt the findings -of -fact in support of a decision to deny the appeal and to confirm the decision of the Planning and Zoning Commission was before the Assembly. Presiding Officer McFarland defined that the assembly meeting was recessed and convened as a quasi - judicial Board of Adjustment. moved to amend the findings -of -fact by substitution. As part of the motion, Assemblymember Monroe read the findings -of -fact as follows: The proposed design of the subdivision of Lot 7A, Block 5, Miller Point Alaska Subdivision creating Lots 7A -1 through 7A -6, Block 5, Miller Point Alaska Subdivision is not appropriate for the Cliffside Road area because: a) Cliffside Road, which will provide access to three (3) of the proposed six (6) lots, does not appear adequate to handle the additional traffic volume (16.40.050 A.1). Cliffside Road also contains some features that increase safety problems along the roadway (KIBC 16.40.050 A.2.) The potential development of six new duplex dwelling units in the area will substantially increase the traffic on Cliffside Road. Three duplexes, a total of six dwelling units, represents a parking requirement of up to 18 off - street parking spaces that would access Cliffside Road. The additional traffic will adversely affect the area near Lot 7A by increasing the amount of dust raised along unpaved Cliffside Road during times that the road is dry. FINDINGS- OF -F *^T BOARD OF ADJUSTMENT Volume XIX Page 10 Regular Assembly Meeting August 18, 1994 The hill on Cliffside Road in front of the proposed subdivision may be unsafe due to the precipitous hill crest which blocks the view from the top to the bottom. Ingress and egress to the three proposed lots along Cliffside Road will result in an unsafe condition for traffic and pedestrians passing through this area. Someone in a vehicle cannot see far enough ahead to reasonably avoid an accident on the hill until the vehicle is over the crest, whether going up or down the hill. According to a number of people who testified, this hill is an unsafe condition that will only be made worse by the proposed development density of the subdivision. According to public testimony, this hill is particularly unsafe during the winter months when the roadway is icy or slippery. b) The requested subdivision does not acknowledge the potential drainage problem that could be created as a result of the design (KIBC 16.40.050 A.3). Drainage over and through this site is important to the surrounding area. The proposed subdivision design does little to acknowledge or preserve the natural or aesthetic benefits of the drainage. The loss of natural habitat will adversely affect the flora and fauna of the area. Relocating and culverting the drainage will eliminate the natural settling effect of the existing pond on Lot 7A. The result may reduce water quality and may also increase the quantity and velocity of water runoff downstream from Lot 7A, negatively impacting other property owners along the drainage course. c) The proposed subdivision is not in keeping with the neighborhood character of the surrounding area for a number of reasons (KIBC 16.40.050 A.4): 1. The Cliffside Road area is not in transition as indicated in the staff report on this case. Several property owner /developers who have bought property in the area subdivided to smaller lot sizes and then moved out of the area. According to public testimony, a substantial number of Volume XIX Page 11 1 Regular Assembly Meeting August 18, 1994 long term residents in the area have no intention of subdividing their lots and moving out of the area. The minimal area and width of the proposed lots is not in keeping with the prevailing neighborhood character (specifically lot size and width), based on testimony by a number of property owners from the Cliffside Road area. According to Borough records, the mean average lot size for lots in the Cliffside Road area is approximately 20,000 square feet. The potential increase in development density that would result from this subdivision is not consistent with the expectations of a number of area property owners who provided written and verbal comments at the public hearing. 2. The development of the six lots proposed for subdivision will require substantial development effort to regrade the site. The topographical and drainage features on Lot 7A are not adequately acknowledged in the design for their functional and aesthetic contributions to the surrounding area. Other subdivisions in the Cliffside road neighborhood have not been characterized by the amount of site preparation required by this design. Existing development in the area has generally been adapted to conditions of the land, rather than extensively adapting the land to the conditions of development in order to maximize its potential. The subdivision design does not adequately acknowledge and work with the existing features of the land. The natural features of Lot 7A that make the area aesthetically desirable are all but eliminated in this subdivision design. 3. A number of people who testified about this subdivision believe that the creation of six new lots from Lot 7A is not consistent with the character with the surrounding neighborhood. According to those concerned individuals, the proposed subdivision . e (IX ,e 12 MILLIGAN, seconded by MONROE VOTE ON MOTION TO AMEND will reduce the value of existing residential developments in the area and the overall quality of life. The subdivision design is not sensitive to the concerns of people in the Cliffside Road neighborhood, perhaps because the developers do not live in the area. Assemblymember Austerman announced that he was not present for the Board of Adjustment hearing but had listened to tapes of the proceedings. Presiding Officer McFarland clarified that the Assembly was voting on the findings - of -fact that supported the decision of the Assembly and confirmed the decision of the Planning and Zoning Commission. moved to amend the the findings -of -fact by deleting in section C, item 3, the words: "perhaps because the developers do not live in the area ". Assemblymember Milligan contended that developers were sensitive to neighborhood concerns and should not be required to live in the area to be developed. Assemblymembers Burt and Austerman felt the wording was appropriate because the statement was made repeatedly during the Board of Adjustment hearing. Assemblymember Monroe announced that she was not present for the Board of Adjustment hearing but had listened to tapes of the proceedings. She supported the amendment because she felt the statement was not the official position of the Borough. At questions raised by Assemblymember Burt, Presiding Officer McFarland clarified that the findings -of -fact were a tool to bring rationale to the decision. Ayes: Milligan, Monroe, Austerman, McFarland Noes: Burt Absent: Gould, Hancock MOTION CARRIED 4 Ayes, 1 No Regular Assembly Meeting August 18, 1994 Volume XIX Page 13 VOTE ON MOTION TO AMEND BY SUBSTITUTION Ayes: 1 Milligan, Monroe, Austerman, Burt, McFarland Noes: None Absent: Gould, Hancock MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Monroe, Austerman, Milligan, McFarland Noes: Burt Absent: Gould, Hancock MOTION CARRIED 4 Ayes, 1 No Presiding Officer McFarland adjourned the Board of Adjustment and reconvened the regular meeting. NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Contract No. 94 -23 Ouzinkie School Asbestos CONTRACT Abatement Project. NO. 94 -23 MONROE, seconded by MILLIGAN moved to award Contract No. 94 -23 to Restec Contractors, Inc. of Redmond, WA in an amount not to exceed $14,285. Mayor Selby explained the necessity to remove the asbestos prior to renovating the school. He said renovation was scheduled to start in spring, 1995. VOTE ON MOTION TO AWARD Ayes: Noes: None Austerman, Burt, Milligan, Monroe, McFarland Absent: Gould, Hancock Regular Assembly Meeting August 18, 1994 Volume XIX Page 14 MOTION CARRIED Unanimous B. RESOLUTIONS VOTE ON MOTION TO ADOPT Noes: Absent: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION Regular Assembly Meeting August 18, 1994 4 9 O 1. Resolution No. 94 -07B Amending Resolution No. 94 -07 Fees of the Kodiak Island Borough for Fiscal Year 1995. Presented for consideration was Resolution No. 94 -07B that, if adopted, changed the fee schedule to reflect current commercial and residential dumpster service/ recycling fees and decreased the per -pound rate of incineration of medical /infectious waste. AUSTERMAN, moved to adopt seconded by MONROE Resolution No. 94 -07B. Mayor Selby said incineration fees were reduced from $.75 to $.60 per pound. He clarified that the incineration program was intended to be a break -even service. He said a typographical error in dumpster fees was corrected but actual fees did not change. Presiding Officer McFarland agreed that incineration fees should cover the debt service without profit. Ayes: Burt, Milligan, Monroe, Austerman, McFarland None Gould, Hancock Unanimous 1. Ordinance No. 94 -10C Amending Ordinance No. 94 -10 Fiscal Year 1995 Budget. (Day Care Assistance Grant) Presented for consideration was Ordinance No. 94 -10C that, if adopted, amended the fiscal year 1994 budget by decreasing the day care assistance program subsidy and increasing the administrative program subsidy expenditures, accordingly, in the amount of $24,895. This item was advanced to public hearing on September 1, 1994 under "Consent Agenda ". RESOLUTIONS RESOLUTION NO. 94 -078 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 94 -10C Voi.:me XIX ?age 15 2. Ordinance No. 94 -17 Establishing a ORDINANCE Facilities Fund by Amending Title 3 Revenue NO. 94 -17 and Finance of the Kodiak Island Borough Code of Ordinances by Adding Section 3.04.51 Facilities Fund. Presented for consideration was Ordinance No. 94 -17 that, if adopted, established a facilities fund for proceeds received from the sale of Shuyak Island to the Exxon Valdez Oil Spill Trustee Council. MILLIGAN, seconded by AUSTERMAN Mayor Selby said funds from the Shuy..,_ Island sale would be placed in a permanent maintenance, renovation and building fund for the future. He said the intent was to place ten percent of the interest earnings in the corpus for inflation proofing. He said building maintenance was important and was generally eliminated when budgets were cut. He noted the fund would also pay debt service on bonds to construct new facilities. He said there was an emergency provision that allowed corpus funds to be spent if approved by a two - thirds vote of the public. Assemblymember Austerman asked if the Assembly could allocate a portion of the funds for an addition to the Fisheries Industrial Technology Center (FITC). Mayor Selby explained there was discussion at the negotiations to wrap $7,000,000 for the FITC from the trustee council into the Shuyak Island land sale. He said the Trustee Council was supportive but there was concern that the Department of Justice would consider it an inappropriate use of funds. He said bricks and mortar, or construction of buildings was not an appropriate expenditure of the proceeds. He reported that Mr. Frampton from the Department of the Interior suggested the Shuyak Island sale be used as a vehicle for completion of the FITC /NOAA facility. Mayor Selby said there was a provision that when funds were received, the Assembly could make a one -time appropriation for the FITC /NOAA facility to the University of Alaska_ In response to Assemblymember Austerman's request for clarification, Mayor Selby explained it was made clear to the Trustee Council that the $7,000,000 for the FITC /NOAA facility was in addition to the $35,000 Shuyak Island sale. Regular Assembly Meeting August 18, 1994 4 `F C} A 9 moved to advance Ordinance No. 94 -17 to publi hearing on Septa. r 1, 1994. Volume XIX Page 16 4 9 When Assemblymember Burt questioned whether 10 percent was sufficient for inflation, Mayor Selby outlined that 10 percent of the interest earned would be placed in the corpus and 90 percent could be spent. He added that the Assembly had the ability to allocate additional funds to the corpus. Assemblymember Austerman felt it was wise to set aside funds for future growth and maintenance. Assemblymember Burt agreed but had reservations about constructing new buildings. VOTE ON MOTION TO ADVANCE Ayes: Milligan, Monroe, Austerman, Burt, McFarland Noes: None Absent: Gould, Hancock MOTION CARRIED Unanimous 3. Ordinance No. 94 -18 Repealing and ORDINANCE Reenacting Chapter 2.12 Personnel Section NO. 94 -18 of the Kodiak Island Borough Code of Ordinances. Presented for consideration was Ordinance No. 94 -18 that, if adopted, repealed and reenacted Kodiak Island Borough Code Chapter 2.12 Personnel Section to comply with state and federal regulations. MONROE, seconded by MILLIGAN Regular Assembly Meeting August 18, 1994 moved to advance Ordinance No. 94 -18 to public hearing on September 1, 1994. Mayor Selby said the current Personnel Policy Manual was out -of -date with serious inconsistencies. He commended Rachael Miller, personnel assistant, for drafting the Manual. He said the Personnel Advisory Board reviewed the Manual and unanimously recommended approval. There was no discussion by the Assembly. VOTE ON MOTION TO ADVANCE Ayes: Monroe, Austerman, Burt, Milligan, McFarland Volume XIX Page 17 Noes: Absent: MOTION CARRIED D. OTHER ITEMS None Gould, Hancock Unanimous 1. Confirmation of Planning and Zoning Commissioner Appointment. Mayor Selby announced his appointment of Darlene J. Turner to the Planning and Zoning Commission. MONROE, seconded by MILLIGAN moved to confirm the the Mayor's appointment of Darlene J. Turner to a seat on the Planning and Zoning Commission to expire December 31, 1994. There was no discussion by the Assembly. VOTE ON MOTION TO CONFIRM Ayes: Austerman, Burt, Milligan, Monroe, McFarland Noes: None Absent: Gould, Hancock MOTION CARRIED Unanimous AUSTERMAN, seconded by MILLIGAN Regular Assembly Meeting August 18, 1994 2. Contract No. 94 -22 Main Elementary School HVAC Installation. moved to approve Contract No. 94 -22 with Control Contractors of Anchorage, AK in an amount not to exceed $89,089.57. Mayor Selby explained the high technology air control system at Main Elementary School was not working. He stated the system was difficult to maintain and replacing parts was costly. He added that windows in the school that did not open would be replaced with windows that opened. He said the intent was to have a standardized HVAC system in all Borough facilities. OTHER ITEMS CONFIRMATION OF PLANNING AND ZONING COMMISSIONER CONTRACT NO. 94 -22 Volume XIX Page 18 MONROE, seconded by MILLIGAN 1 `' 2 VOTE ON MOTION TO APPROVE Ayes: Noes: Absent: MOTION CARRIED Regular Assembly Meeting August 18, 1994 At questions raised by Assemblymember Burt, Mayor Selby stated that maintenance personnel were familiar with the system because it was standard in Borough facilities. He said the system was computerized to allow monitoring from the maintenance office. He added that most village schools had the same system and the intent was put it in the remaining schools. Burt, Milligan, Monroe, Austerman, McFarland None Gould, Hancock Unanimous 3. Grant to Study Juvenile Halibut and Other Flatfish Around Kodiak Island. moved to approve a grant to study juvenile halibut and other flatfish around Kodiak Island in an amount not to exceed $5,000. Mayor Selby said the funds would be matched with other funds to continue the study of flatfish around Kodiak Island. He added that Kodiak Island was one of the richest estuaries in the world with 12 different flatfish species. Assemblymember Milligan explained that th* grant would qualify the researcher to a matching grant from the federal government. He said the data base would be the Chiniak and Marmot Bay areas. Assemblymember Monroe felt it was sad that the researcher had to beg for funds for a research project that would elicit vital information. Assemblymember Austerman considered how economic development money could be paid back. He agreed it was sad, in a community that relied on fishing, that the state and federal governments did not fund research. Assemblymember Burt was of the opinion that private enterprise should finance the project. GRANT TO STUDY JUVENILE HALIBUT AND OTHER FLATFISH Volume XIX Page 19 Presiding Officer McFarland clarified that Dr. Brenda Norcross with the Institute of Marine Science, School of Fisheries and Ocean Science, at the University of Alaska, Fairbanks was the researcher. He said the anticipated cost of the project was $10,000 and fishermen were contributing boats and housing. He reminded the Assembly that fishermen paid raw fish and severance tax. He said the salmon and crab industries received support in the past and this was the first time bottom fisheries were supported. VOTE ON MOTION TO APPROVE Ayes: Milligan, Monroe, Austerman, McFarland Noes: Burt Absent: Gould, Hancock MOTION CARRIED 4 Ayes, 1 No INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS None. B. REPORTS REPORTS None. C. OTHER OTHER None. CITIZEN COMMENTS CITIZEN COMMENTS None. ASSEMBLYMENBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Burt apologized to Chiniak residents for his misunderstanding on the proposed service district. He announced the upcoming primary election and urged all to vote. Assemblymember Milligan thanked Mayor Selby for his foresight on the facilities fund. He felt the state benefited from the permanent fund and the facilities fund was a great opportunity for the community. He felt public policy was affected by those running for office and encouraged people to run for office. He referenced the narrative budget document and felt the Regular Assembly Meeting August 18, 1994 Volume XIX Page 20 Mayor and Finance Director received awards because it was easy to read and understand. He referred to ordinances and the ability to track legislation. He encouraged everyone to vote in the primary election. Assemblymember Austerman agreed that the facilities fund was a great opportunity and noted discussions on establishing a fund to defray the cost of school operation. Presiding Officer McFarland announced the Assembly would meet in a work session on Thursday, August 25 at 7:30 p.m. in the borough conference room and regular meeting on Thursday, September 1 at 7:30 p.m. in the assembly chambers. He announced that Assemblymembers would attend the Southwest Alaska Municipal Conference in King Salmon in September. MILLIGAN, moved to adjourn. ADJOURNMENT seconded by MONROE VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 9:47 p.m. ATTEST: Borough Clerk Approved: wm6 Regular Assembly Meeting August 18, 1994 Volume XIX Page 21