Loading...
1994-12-15 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting December 15, 1994 A regular meeting of the Kodiak Island Borough Assembly was held December 15, 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. The invocation was given by Pastor Russ Schwarz of the Kodiak Bible Chapel, followed by the Pledge of Allegiance. There were present: ROLL CALL Mary Monroe, Presiding Alan Austerman John Burt Suzanne Hancock Jack McFarland Mike Milligan Gary Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC, Clerk Judi Nielsen, Deputy Clerk Bob Scholze, Associate Planner /LRP APPROVAL OF AGENDA APPROVAL OF AGENDA MILLIGAN, moved to approve seconded by AUSTERMAN the agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of November 3, 1994. MILLIGAN, seconded by McFARLAND Regular Assembly Meeting December 15, 1994 moved to approve the minutes of November 3, 1994. Assemblvmember Milligan asked that page ,n5 ..v the. minutes be corrected to include his comments regarding Assemblymember McFarland's contribution to rural residential development discussion. VOTE ON MOTION TO APPROVE AS CORRECTED MOTION CARRIED Unanimous voice vote REGULAR MEETING APPROVAL OF MINUTES 11X Volume Page 140 AWARDS AND PRESENTATIONS A. Student of the Month Mayor Jerome Selby presented the Student of the Month Award to Melodi Anderson, a senior at Ouzinkie School. B. Presentation Presiding Officer Monroe presented a plaque to outgoing Assemblymember Austerman in recognition of his dedicated service to the Kodiak Island Borough. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS Assemblymember Milligan attended his last meeting as a member of the Cook Inlet Regional Citizens Advisory Council. He enjoyed serving on the Council and noted that Mayor Selby appointed Chris Berns to take his place. He reported two near incidents of oil spills from disabled tankers in Kachemak Bay. He attended the Conference of Village Mayors meeting and hoped Mayor Selby would report. Assemblymember Burt did not attend the last Planning and Zoning Commission meeting due to an assembly work session. PUBLIC HEARING Presiding Officer Monroe recessed the regular meeting and convened the Board of Adjustment. A. BOARD OF ADJUSTMENT * * * * * * * * * * An Appeal of the Planning & Zoning Commission's Approval of the Preliminary Plat of the Subdivision of Lot 7 A, Block 5, Miller Point Alaska Subdivision, Creating Lots 7A -1 Through 7A -5, Block 5, Miller Point Alaska Subdivision, Regular Assembly Meeting December 15, 1994 AWARDS AND PRESENTATIONS STUDENT OF THE MONTH PRESENTATION CITIZENS' COMMENTS COMMITTEE REPORTS PUBLIC HEARING BOARD OF ADJUSTMENT xiX ..ae 4F1 -1 Page 141 4053 Cliffside Drive. (Applicant: Edward Gondek and Lenhart Grothe) (Appellant: Mike Sirofchuck and Stacy Studebaker) Presiding Officer Monroe explained that the Assembly would sit as the Board of Adjustment to hear Mike Sirofchuck and Stacy Studebaker's appeal of the October 19, 1994, Kodiak Island Borough Planning and Zoning Commission's approval of Lenhart Grothe and Edward Gondek's request for a preliminary plat of subdivision. She outlined the procedures for the hearing as follows: presentation by the Community Development Department; appellant's testimony; individuals supporting the appeal; individuals opposing the appeal. The appellant would be offered the opportunity for a rebuttal following the last presentation. In all cases, presentations would be limited to ten minutes as specified by KIBC 17.100.070(B). The Board of Adjustment would decide the appeal based on the appeal record, written and oral argument, and testimony and evidence presented on the appeal. After hearing all parties, the Board of Adjustment could affirm or reverse the decision of the Planning and Zoning Commission, in whole or in part. Such decision would be based upon findings and conclusions of the Board of Adjustment. Presiding Officer Monroe opened the public hearing. Assemblymember Milligan October, 1994 and asked on conflict of interest declared no conflict of Regular Assembly Meeting December 15, 1994 * * * * * * * * * * 7 worked for Mr. Grothe in for a ruling from the chair . Presiding Officer Monroe interest. Bob Scholze, Associate Planner /LRP, gave a background of events leading to the appeal. He said the applicant reconfigured the property and reduced the number of lots with on Cliffside Road from three to two.-'He- stated the Planning and Zoning Commission approved the.request for a preliminary plat approval for subdivision into five lots based on information provided by staff and public testimony. He outlined the specific conditions of approval required by the Commission and read the findings -of- fact. He noted that Pat Szabn, Planning and Zoning Commissioner, was available for questions. Assemblymember Milligan felt there was conflicting evidence about wetlands. Mr. Scholze explained that the applicant obtained a Nationwide 26 Wetlands determination from the U.S. Army Corps of Engineers to fill and regrade the site due to the fact that the Xiy .=.,ce tV4 Page 142 Regular Assembly Meeting December 15, 1994 1 7 wetlands were less than one acre. He said it was subject to individual water quality certification from the Alaska Department of Environmental Conservation (ADEC) and review by the Department of Governmental Coordination (DGC). He said the deadline for a decision from the DGC was December 29. He added that the review included the Department of Fish and Game and other agencies. At Assemblymember Milligan's inquiry, Mr. Scholze submitted that there were 26 lots in the area with 23 dwellings that equated to one unit per two - thirds acre. He clarified that of the 26 lots, 1 had a minimum lot size of 7,200 square feet, a total of 5 lots were less than 8,000 square feet, the largest lot was 94,000 square feet and Lot 7A, owned by the applicant, was 62,000 square feet. He noted that the proposed lots on Cliffside Road were determined to be in character with the neighborhood. In response to Assemblymember Burt, Mr. Scholze said the Borough Engineering and Facilities Department reviewed and determined there was no concern with the sewer and water line capacity on Cliffside Road. At questions raised by Assemblymember Stevens, Mr. Scholze defined that Cliffside Road was plated as a right -of -way connecting with Parkside Drive. He said there was no physical access through to Parkside, but the Commission felt a need for the neighborhood to be contiguous. He noted that residents at the end of Cliffside road who accessed their property from Parkside Drive expressed non - objection to small lot. Mike Sirofchuck, appellant, said the Commission sent a clear message to Mr. Grothe on his previous subdivision request that issues of safety, density, wetlands and character of neighborhood outweighed the justification -to subdivide into six R -2 lots, and the Assembly affirmed the arguments by denying his appeal. He said Mr.- returned with a proposal that demonstrated a lack of regard and respect for those decisions. He felt the lots were not significantly enlarged and the subdivision represented negative impact to the neighborhood because safety and drainage issues were not addressed with regard to the character of a neighborhood that he felt was not in transition. He referred to two previous property owners who subdivided and moved from the neighborhood and noted his desire to stop the trend. He was concerned that access from Rezanof Drive would not stop people from traversing through the Cliffside Road neighborhood. He believed the XV .-• pvn-i ?i.. 143 1 '7 1 proposed subdivision violated neighborhood characteristics. He checked all zoning before moving in and saw the neighborhood staying the same regardless of zoning. He did not want to stop development but wanted to protect residents and developers by allowing development that was compatible with the neighborhood. At Assemblymember Milligan's inquiry, Mr. Sirofchuck outlined changes in the neighborhood indicating that reducing the number of lots to four was an acceptable compromise. When Assemblymember Austerman asked if he spoke against the previous subdivisions, Mr. Sirofchuck stated one was prior to purchase of his property, one was done without his knowledge. He favored R -1 zoning. Len Grothe, applicant, said he tried to address the concerns of residents by reducing the number of lots from six to five. He said drainage and safe access was a concern, so he reduced the lots with access on Cliffside Road to two to allow access at the base of the hill. He said the water and sewer design was outlined in the Comprehensive Plan and he was assured that capacity was adequate. He said the Comprehensive Plan also indicated that lots should be no larger than 15,000 square feet and, if so, to build in a way that allowed future subdivision. He noted that the two lots with access from Cliffside road were 14,000 square feet and 14,400 square feet respectively, and the latter lot could be subdivided to a minimum 7,200 square foot lot size. He did not foresee five duplexes being built. Ed Gondek, co- applicant, contended the subdivision complied with zoning regulations and was consistent with the Comprehensive Plan. He urged the Assembly to deny the appeal. When Assemblymember Milligan asked if there was a way to preserve wetlands on the property, Mr. Gondek said the size of spruce trees in the area indicated that naturally occurring wetlands were not there prior to development of Cliffside Road. Emil Norton, Cliffside Road resident, stated his property was directly across from the proposed subdivision. He said the pond and wetlands were there long before the Borough acquired the property and prior to building Rezanof Drive, the area was a swamp. He said safety and drainage were important issues but noted that fill brought in to gain access Regular Assembly Meeting December 15, 1994 X�x . • Xti : •• 144 to the property had silted down into the pond, and he was concerned about the ability to set adequate foundations. He had concerns about the impact of increased density. He felt heavy water flow through the culvert was potentially dangerous for children. Assemblymember Burt asked if four lots would be acceptable. Mr. Norton said no but acknowledged it was difficult to develop parcels. He said if the subdivision was done properly, he foresaw no objections. He reiterated that safety was not addressed in the plan. At Assemblymember Hancock's inquiry, Mr. Norton said the Quatias' also subdivided their property. He said he protested all subdivisions. Barbara Rabold, Cliffside Road resident supported the appeal. She felt the neighborhood was quiet and safe for her children and provided habitat for wildlife. She said that although the addition of water and sewer caused steady development in the area, she felt five additional lots would seriously change the topography and neighborhood character. She felt strongly compelled to protect what she had. She thought duplexes would be built and create a high density neighborhood. She said a check and balance was needed to protect property owners and contended that Mr. Grothe did not have a vested interest in the area. At questions raised by Assemblymember McFarland, Ms. Rabold said she attended Commission work sessions and was unable to acquire specific information on drainage concerns. She wondered who would be liable for water impact if the culvert failed. LeRoy Cossette, adjacent property owner, was concerned about drainage and agreed with Mr. Norton's concern about adequate foundations. He wanted to maintain elbow -room and considered that four lots were better than five. He urged the Assembly to support the appeal. -. Cory Baker was not allowed to speak because he had not previously testified or submitted written rnmmon *c —— Mike Sirofchuck, appellant, on rebuttal, said he felt it was a complex issue. He thought the Borough had changed since the development of the 1968 Comprehensive Plan and the Plan should only be used as a guide. He was fearful that five duplexes would be built on the property and suggested a restricting Regular Assembly Meeting December 15, 1994 XIX Volume AV-1-1 Page 145 n ! 1 '7 covenant. He said a non resident developer was the only person who testified before the Commission favoring the subdivision. He said the culvert on Cliffside Road was collapsing and wetlands were there before roads were built. At Assemblymember Milligan's inquiry, Mr. Sirofchuck said the dead -end on Cliffside Road eliminated four - wheeler traffic but he felt there would be repercussions with the increased number of residents. Presiding Officer Monroe closed the public hearing and reconvened the Board of Adjustment. McFARLAND, seconded by STEVENS Regular Assembly Meeting December 15, 1994 moved to grant the appeal of Mike Sirofchuck and Stacy Studebaker of the Planning & Zoning Commission's Approval of the Preliminary Plat of the Subdivision of Lot 7 A, Block 5, Miller Point Alaska Subdivision, Creating Lots 7A -1 Through 7A -5, Block 5, Miller Point Alaska Subdivision, 4053 Cliffside Drive. (Applicant: Edward Gondek and Lenhart Grothe) (Appellant: Mike Sirofchuck and Stacy Studebaker) In response to Assemblymember Milligan, Mr. Scholze said he thought drainage and turbidity were addressed in the conditions of approval, and the developer was responsible to comply with all requirements. At Assemblymember inquiry, Mr. Scholze said roads were designed by engineers based on specific criteria, and the Borough inspected the roads to ensure that requirements were met. At questions raised by Assemblymember McFarland, Mayor Selby clarified that drainage plans . drainage t, �....� were reviewed regularly and a civil engineer hired when needed. He added that the Army Corps of Engineers had jurisdiction over wetlands and determined drainage requirements. Volume x � Page 146 At Assemblymember McFarland's request, Len Grothe gave a synopsis of his plan to divert water from the property through a closed culvert to a manhole across Rezanof Drive. He restated his thought that large spruce trees indicated it was not wetlands. He said five to seven feet of clean fill would be compacted to provide a solid foundation base and he did not have a problem with a civil engineer reviewing and approving the plans. Assemblymember Burt was concerned about the stability of the sub - surface. Mr. Grothe envisioned 20 feet of fill sloping to the property line and vegetated. When questioned by Assemblymember Stevens, Mr. Grothe said that with the cost of improvements, he would suffer a negative financial impact if the number of lots were reduced to four. There was general discussion about the suitability of amending the conditions of approval. Mayor Selby explained that the Assembly would either uphold or deny the appeal, and the findings -of -fact in support of the decision were determined by the Assembly. Assemblymember McFarland contended that the Assembly could amend the conditions of approval. Clerk Smith explained that the decision was to deny or uphold the appeal. She said amendments on suggested conditional uses could be made to the findings -of -fact. McFARLAND, moved to postpone the seconded by MILLIGAN decision until the January 5, 1995 regular meeting to obtain a legal opinion on amending the conditions of approval. Assemblymember McFarland clarified his amendment in that he felt tiie Assembly should have the ability to amend the Commission's conditions of approval. There was general discussion about the amendment. At Assemblymembers Burt and Stevens' apprehension, Assemblymember McFarland clarified his desire to amend condition number four to require that a civil engineer review the storm drainage plan and the sanitary sewage plan. Although Assemblymember Austerman felt the amendment to condition number 4 was appropriate, he did not feel it was appropriate during Board of Adjustment. Regular Assembly Meeting December 15, 1994 9 1 5 1 9 XI% Volume XVIII Page 147 Ayes: Noes: MOTION FAILED Ayes: Noes: MOTION CARRIED Len Grothe said he understood that review by a licensed civil engineer was a condition of approval. Pat Szabo, Planning and Zoning Commissioner, said she also understood review was required. MOTION WITHDRAWN concurrence of second Assemblymember McFarland felt it was critical that a that a civil engineer review the storm drainage plan. and the sanitary sewage plan. Assemblymember Hancock felt Mr. Grothe held concern for residents and bought the property with the best intentions. Assemblymember Austerman remarked that there would be changes in any neighborhood until all lots were subdivided and sold. He felt Mr. Grothe's reconfiguration of two lots on Cliffside Road fell within the general neighborhood characteristics. Assemblymember Burt felt impact to the neighborhood would not be allayed unless the number of lots was reduced to three, and he did not feel that was economically feasible. VOTE ON MOTION TO GRANT THE APPEAL Mc FARLAND seconded by STEVENS`- VOTE ON MOTION TO POSTPONE Regular Assembly Meeting December 15, 1994 None Unanimous `1 T Austerman, Burt, Hancock, McFarland, Milligan, Stevens, Monroe moved to postpone the findings -of -fact on the appeal to the January 5, 1995 meeting. Burt, Hancock, McFarland, Stevens, Austerman, Monroe None Unanimous XIX Volume XVIII Page 148 s rt A Presiding Officer Monroe read the following: Any person aggrieved by a final decision of the board of adjustment under this chapter, may appeal that decision to the superior court. An appeal to superior court shall be heard solely on the record before the board of adjustment. The appeal procedure shall be governed by the rules set forth in part of the Rules of Appellate Procedure of the state of Alaska. Presiding Officer Monroe adjourned the Board of Adjustment. After a ten minute recess at 9:55 p.m., Presiding Officer Monroe reconvened the regular meeting. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby reported that, unlike Orange County, the Borough and Alaska Municipal League investment pool had not invested in derivatives. He applauded the assembly for adopting a prudent investment policy. He announced that the Northstar Elementary School construction project manager would be hired through Prochaska and Associates. He received an ordinance from Lake and Peninsula Borough that established permit fees for those who visited the area to hunt and fish. He said the fee was passed through professional guides and lodge operators. He said there was enforcement difficulty and the Borough thought to eliminate the fee and institute a bed tax. He expected a request from the Pacific Cod Coalition for financial assistance to pursue the cod fishery. He said the hospital construction management contract finalists would meet -with the Assembly at the January 12, 1995 work session. He anticipated awarding the contract at the January. 19 regular meeting. He reported positive discussion at the Conference of Village Mayors included the Cook Inlet intercept issue, renewal of the Magnusen Act, water and sewer maintenance and metal removal in the viiiages. He expected staff comments on goals and objectives to be to the Borough Clerk by December 30, 1994. He said the Shuyak Island land sale was in the appraisal process, and he anticipated recommendations would be to the Forest Service appraiser next week. Regular Assembly Meeting December 15, 1994 Volume - XY-Il -I Page 149 OLD BUSINESS 1. Ordinance No. 94 -23 Rezoning All Borough and State Owned Land on Shuyak Island From C -- Conservation To NU-- Natural Use Lands. Presented for consideration was Ordinance No. 94 -23 that, if adopted, rezoned property in accordance with the Shuyak Island Comprehensive Plan to preserve habitat and natural diversity and protect and preserve recreational opportunities. The motion to adopt Ordinance No. 94 -23 was before the Assembly. Mayor Selby recommended postponing the ordinance. He said the Planning and Zoning Commission would continue to review the ordinance until the sale of Shuyak Island land was finalized. He was cautiously optimistic that the sale would be accomplished by the January 19, 1995 regular assembly meeting. STEVENS, seconded by MILLIGAN VOTE ON MOTION TO POSTPONE Ayes: Regular Assembly Meeting December 15, 1994 moved to postpone Ordinance No. 94 -23 to the January 19, 1995 regular meeting. Hancock, McFarland, Milligan, Stevens, Austerman, Burt, Monroe Noes: MOTION CARRIED NEW BUSINESS A. BID AWARDS' -- None. B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 94 -10F Amending Ordinance No. 94 -10 Fiscal Year 1995 Budget. (Mid- year Budget Adjustment) None Unanimous OLD BUSINESS ORDINANCE NO. 94 -23 NEW BUSINESS BID AWARDS RESOLUTIONS ORDINANCES FOR INTRODUCTION ORDINANCE NO. 94 -10F X \X Volume XVIII ?age 150 Presented for consideration was Ordinance No. 94 -l0F that, if adopted, amended Ordinance No. 94 -10 to reflect certain changes desirable and necessary after a mid -year budget review. MILLIGAN, moved to advance seconded by HANCOCK Ordinance No. 94 -10F to public hearing on January 5,_1995. Mayor Selby gave a synopsis of the changes including $177,000 in income, $24,000 general administration increase for insurance and $150,0000 for capital projects. He noted that the Mental Health Center program would show exactly what was received. He said there was a two percent mil increase in transfers and interest earnings on school and hospital bonds. At questions raised by Assemblymember Austerman, Mayor Selby clarified the transferring out of the debt service of $1.4 million. He noted that sewer treatment funds were eliminated because the City was moving ahead on the project. Assemblymember Milligan questioned if it was premature to place $8,400,000 in the budget without considering pending activity. Mayor Selby responded that a budget adjustment allowed immediate acceptance of funds when the sale was finalized. He noted it could be removed from the budget by another adjustment if the sale was not completed. He emphasized there was no impact to any other part of the budget. VOTE ON MOTION TO ADVANCE Ayes: Noes: None MOTION CARRIED Unanimous McFarland, Milligan, Stevens, Austerman, Burt, Hancock, Monroe 2. Ordinance No. 94 -27 Amending the Personnel ORDINANCE Rules and Regulations by Amending Certain NO. 94 -27 Sections. Presented for consideration was Ordinance No. 94 -27 that, if adopted, amended the Personnel Rules and Regulations. x Regular Assembly Meeting `.'o : =re 7C IIF December 15, 1994 Page 151 MILLIGAN, seconded by STEVENS Mayor Selby stated there were seven changes in the ordinance that included minor modifications and clarifications. At questions raised by Assemblymember Stevens, Mayor Selby explained beepers were needed in emergency situations. He said it was better to have general policy wording in the manual. Assemblymember Burt was concerned about affecting union negotiations. Mayor Selby said that once the ordinance was adopted the policy would be set. STEVENS, moved to amend seconded by McFARLAND Ordinance No. 94 -27 Section 2: 1108 On Call Time to reinstate the deleted words. Assemblymember Milligan did not see a scenario where Borough employees would use a beeper to earn extra funds. He said questions about comp time were in the courts, and he felt it best that wording was generic. Assemblymember McFarland felt that when situations arose there was time to bring the question to the Assembly. Assemblymember Hancock agreed with Assemblymember Milligan in that it was better to have broad wording. VOTE ON MOTION TO AMEND Ayes: Noes: BURT, seconded by MILLIGAN Regular Assembly Meeting December 15, 1994 =3 } t� 7 moved to advance Ordinance No. 94 -27 to public hearing on January 5, 1995. Stevens, Austerman, Burt, McFarland Milligan, Hancock, Monroe MOTION CARRIED 4 Ayes, 3 Noes At questions raised by Assemblymember Burt, Mayor Selby said part -time employees were eligible for overtime when working during off duty hours. moved to amend Ordinance No. 94 -27 Section 3: 4.18 Off Duty /Call Out Pay by - e3 X CV X II Page 152 F n adding the word: "full - time" after the words "When an off duty ". Presiding Officer Monroe felt the amendment was strict and difficult to enforce. She felt it would tie the hands of supervisors and Mayor Selby to ensure that staff matched needed tasks. Assemblymember Hancock thought State law regulated compensation. Mayor Selby agreed and said staff was diligent in ensuring that all regulations were covered with a desire to keep the Borough out of court. In response to Assemblymember Austerman, Mayor Selby explained that off duty work was generally needed for staff to work on the hospital computer. VOTE ON MOTION TO AMEND Ayes: Burt Noes: Stevens, Austerman, Hancock, McFarland, Milligan, Monroe MOTION FAILED 1 Aye, 6 Noes VOTE ON MOTION TO ADVANCE AS AMENDED Ayes: STEVENS, cornnAor9 by MrPAPT.AMTI Regular Assembly Meeting December 15, 1994 Austerman, Hancock, McFarland, Milligan, Stevens, Monroe Noes: Burt MOTION CARRIED 6 Ayes, 1 No D. OTHER ITEMS 1. Contract'Na. 94 -40 for Lobbying CONTRACT Services. NO. 94 -40 moved to approve r Mn 9A -40 frr lobbying services with Don Kubley in an amount not to exceed $8,000. Mayor Selby said there was an $18 million loan to Alaska Aerospace Development Corporation and retaining Mr. Kubley allowed continued background work through the upcoming legislative session. OTHER ITEMS XIX t XVII: i ;e 15_ At questions raised by Assemblymember Burt, Mayor Selby said the State of Alaska retained all profits. Assemblymember Burt was confused why the Borough was paying for a lobbyist when funds did not benefit Kodiak. Assemblymember McFarland said there were several - projects on the Capital Improvement Priority list that Mr. Kubley would continue to monitor. Assemblymember Stevens felt Mr. Kubley would provide a valuable service to the Borough. Assemblymember Milligan thought the aerospace project had positive implications for Kodiak and the State. At his question, Mayor Selby said Mr. Kubley would submit written reports bi- weekly. Assemblymember McFarland was positive about the aerospace project. Assemblymember Stevens understood the need to focus attention on the project so it would not be considered a Borough project. VOTE ON MOTION TO APPROVE Ayes: Hancock, McFarland, Milligan, Stevens, Austerman, Monroe Noes: Burt MOTION CARRIED 6 Ayes, 1 No 2. Appointment to Kodiak Island Borough Assembly. STEVENS, nominated the following slate of candidates to an assembly seat to expire October 23, 1995: Jim Balamaci, Tuck Bonney, Norm Brennan, Keyla Gammarano, Robin Heinrinhc Chris Helens Curtis Law, Martin Lydick and Maaike Myers. Bob Rodrigues phoned to encourage the Assembly to vote for Tuck Bonney. Regular Assembly Meeting December 15, 1994 APPOINTMENT TO ASSEMBLY xIx +g• 154 As a result of the first casting of secret ballots by the Assembly and calculation of the secret ballots, Clerk Smith announced that no candidate received a minimum of four votes. She said the three receiving the highest number of votes were Tuck Bonney, Robin Heinrichs and Chris Helms. As a result of a second casting of secret ballots by the Assembly and calculation of the secret ballots, Clerk Smith announced that Robin Heinrichs received a minimum of four votes and, therefore, elected to fill the assembly seat to be vacated by Assemblymember Austerman. 3. Appointment of Assembly Representatives to Advisory Boards, Commissions, and Committees. Presiding Officer Monroe read her appointments as follows: Architectural Review Board - Gary Stevens Hospital Advisory Board - Jack McFarland Mental Health Center Advisory Board - Suzanne Hancock Parks & Recreation Committee - John Burt Kodiak College Council - Mary Monroe School District Budget Review Committee - Robin Heinrichs Kodiak Island Transportation System (KITS) - Mike Milligan Emergency Services Council - Mary Monroe Joint Building Code Review Committee - John Burt AUSTERMAN, seconded by MILLIGAN VOTE ON MOTION TO CONFIRM Ayes: Noes: MOTION CARRIED Unanimous Regular Assembly Meeting - ) n moved to confirm the presiding officer's appointments of assembly representatives to advisory boards, commissions and committees. Hancock, McFarland, Milligan, Stevens, Austerman, Burt, Monroe None APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMISSIONS X ix Volume XVIII B. REPORTS C. OTHER Regular Assembly Meeting December 15, 1994 r INFORMATIONAL MATERIALS (no action required) MATERMALSONAL MATERIALS A. MINUTES OF OTHER MEETINGS 1. KIB Mental Health Center Advisory Board Meeting of October 24, 1994. 2. Kodiak Island Borough School District Meeting of October 24 and November 28, 1994. 3. Health & Safety Committee Meeting of December 2, 1994. 1. Kodiak Island Borough November 1994 Financial Report. 2. Mental Health Center Director's November 1994 Report. 1. Humane Society of Kodiak December 1994 Newsletter. Assemblymember Burt wished all a merry Christmas. MINUTES OF OTHE: MEETINGS REPORTS OTHER CITIZENS' COMMENTS CITIZENS' None. COMMENTS ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember McFarland thanked those who spoke during Board of Adjustment and those who applied and interviewed for the vacant assembly seat. He wished newly - elected Representative Austerman good luck in Juneau. He said he spoke with Commissioner Szabo and understood the appeal process. He wished all Borough residents and employees a merry Christmas. He thanked Presiding Officer Monroe for a well -run meeting. Assemblymember Stevens appreciated those who applied for the vacant assembly seat and encouraged them to run for office next year. He was uncomfortable with the fact that a Borough employee could have been appointed to the - Assembly and suggested reviewing the policy of other communities and changing the Code accordingly. He thanked Presiding Officer Monroe and suggested that the gavel be passed to the deputy presiding officer if the presiding officer wished to participate in debate. XV Volume X ?4-F -1 Page 156 Outgoing Assemblymember Austerman thanked those who applied for his vacated seat. He felt it was rewarding to serve on the Assembly. He said the Code was specific that the spouse of a Borough employee could not serve on the Assembly but Borough employees were not addressed. He congratulated Robin Heinrichs. He reiterated his previous comments about holding work sessions at Chiniak, Bells Flats and the villages. He wished everyone a merry Christmas and happy new year. He gave his wholehearted thanks to the Assembly for a working relationship where when argument was necessary, there was the ability to walk away friends. Assemblymember Hancock agreed to the need to meet with residents in outlying areas. She bid farewell to outgoing Assemblymember Austerman and wished all a merry Christmas. Assemblymember Milligan wondered where candidates were during the election but thanked those who applied. He noted the passing of Dorothy Swift, who was part of the Birch brothers clan. He said her story read like a Michener novel, and she was the oldest person he saw watch MTV. He referred to an article in the Christian Science Monitor about Christmas. He wished merry Christmas to all. Presiding Officer Monroe thanked those who spoke to the Board of Adjustment. She bid farewell to outgoing Assemblymember Austerman and wished the community a merry Christmas and happy holiday season. She announced the Assembly would meet in work session December 29 at 7:30 p.m. in the borough conference room and regular meeting on January 5, 1995 at 7:30 p.m. in the assembly chambers. AUSTERMAN, moved to adjourn.. ADJOURNMENT seconded by MILLIGAN VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 11:15 p.m. �. /i,y� 1- nom tic_ Presiding Officer ATTEST: ` U)bit Boo ouQ » 1erk Regular Assembly Meeting December 15, 1994 xix Volume XVIII Page 157