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1995-05-04 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held May 4, 1995 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: Mike Milligan, Presiding John Burt Suzanne Hancock Robin Heinrichs Jack McFarland Gary Stevens absent: Mary Monroe comprising a quorum of the Assembly; and Jerome Selby, Mayor Linda Freed, Community Development Director Donna Smith CMC, Clerk Judi Nielsen, Deputy Clerk Assemblymember Monroe was out on vacation and asked to be excused. McFARLAND, moved to excuse seconded by STEVENS Assemblymember Monroe. VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote APPROVAL OP AGENDA AND CONSENT AGENDA Clerk Smith read the items for consideration under "Consent Agenda ". STEVENS, seconded by McFARLAND HEINRICHS, seconded by McFARLAND Regular Assembly Meeting May 4, 1995 RODIAK ISLAND BOROUGH Regular Assembly Meeting May 4, 1995 moved to approve the agenda and consent agenda. moved to remove item 12.D.5 from the consent agenda. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA Volume XX Page 25 Assemblymember Heinrichs was concerned that the Borough was not complying with requirements. VOTE ON MOTION TO AMEND Ayes: Noes: Absent: MOTION CARRIED VOTE ON MOTION TO APPROVE AS AMENDED Ayes: Noes: Absent: MOTION CARRIED APPROVAL OP MINUTES A. K.I.B. Assembly Meeting of April 20, 1995. This item was approved under "Consent Agenda ". AWARDS AND PRESENTATIONS A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month Award to Martin Lydick, appraiser in the Assessing Department. B. Proclamations Mayor Selby Proclaimed May, 1995 Emergency Medical Services Month, urging all citizens to recognize and appreciate the importance of our quality emergency medical service teams in saving lives in our community. Mayor Selby proclaimed May 7 -13, 1995 Municipal Clerks' Week in honor of Kodiak Island Borough Clerk Donna Smith and her staff, and in appreciation to all municipal clerks for the vital services they perform. Regular Assembly Meeting May 4, 1995 Burt, Hancock, Heinrichs, McFarland, Stevens, Milligan None Monroe Unanimous Hancock, Heinrichs, McFarland, Stevens, Burt, Milligan None Monroe Unanimous APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH PROCLAMATIONS EMERGENCY MEDICAL SERVICES MONTH MUNICIPAL CLERKS' WEEK Volume XX Page 26 He presented the proclamation to Clerk Smith and Deputy Clerk Nielsen. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Okey Chandler complained that Anton Larsen Road had been on the back burner since the tidal wave, while money was spent on Chiniak and Kodiak roads. He asked the Assembly to send a letter to the Governor and the Commissioner of Transportation requesting that Anton Larsen Road be given number one priority on the Capital Improvement Projects (CIP) list because it had been at the bottom for so long. He said the top fill was removed, and the holes were deep where wood pipe staves were used for drainage. He stated that Assemblymember Milligan accompanied him to survey the condition of the road, and it was a mess. He noted that fishermen used the road to haul salmon. He added that his mother -in -law wanted to move back out to the area where she was born but she could not traverse the road. He noted there were 143 residents in Chiniak, but the Anton Larsen Road serviced village residents of 1,015. He urged the Assembly to express concerns to the Department of Transportation and the Governor before adjournment on May 16. Assemblymember McFarland said the Assembly received a copy of a letter that Lila Schwantes wrote to the Governor. He noted that the road was number 17 on the CIP list. He said the Borough and City were working in a joint venture to develop costs for the road. He thanked Assemblymember Hancock for helping move the project higher on the CIP list. He said the CIP list was in the hands of the lobbyist. Mr. Chandler asked that an operator be hired to maintain the road and keep it open year- around. Kristin Stahl- Johnson urged the Assembly to adopt Resolution No. 95 -22. She suggested an amendment in the first "Now, Therefore, Be It Resolved" that a State -owned near -shore package be placed in Kodiak. She said prospects were good that Kodiak and Dutch Harbor were potential receivers for CIP's. Deputy Presiding Officer Milligan thanked her for her involvement. Martha Randolph phoned. As a property owner, she had a strong interest in the maintenance of Anton Larsen Road and wanted the record to show that she supported Regular Assembly Meeting May 4, 1995 CITIZENS' COMMENTS Volume XX Page 27 Mr. Chandler's comments. She said Port Lions and Ouzinkie residents were not always able to travel around Spruce Cape by boat because of weather so the road was used for emergencies and by travelers anxious to return home. She felt it was foolish for people to attempt to traverse the road while conditions were poor. She contended that residents paid taxes and were deserving of a maintained road. She understood equipment was available but manpower was not. Kathryn Kinnear, previous Outer Continental Shelf (OCS) Advisory Council member, gave a history of her efforts with the fishing fleet during the Exxon Valdez, oil spill. She strongly felt the Borough had a lack of representation in oil and fish issues and that oil legislation language was vague regarding Kodiak Island. She said Kodiak housed one of the largest fishing fleets, and there were currently nine items before the legislature that would affect Kodiak's economy. She felt Kodiak was vulnerable to oil spills in Prince William Sound and the Gulf of Alaska and Kodiak needed to be an integral part of any Prevention and Contingency Plans (C- Plans). She felt the need for Kodiak to organize as a coastal community and urged the Assembly to adopt Resolution No. 95 -22 and reactivate the OCS to track oil response capabilities that affected Kodiak. She said over 200 Kodiak boats responded to the Exxon Valdez oil spill, and there was never a thank you. She felt fishermen were on the front line, and she could not support lifting the ban. She outlined that the Borough should be active in the Magnusen Act, IFQs and the changes affecting not only the fishing fleet but all businesses in town. B. Items Other Than Those Appearing on the Agenda Mayor Selby introduced Bill Walker, Prince William Sound Regional Citizens' Advisory Council (RCAC) president. Mr. Walker thanked Kodiak residents for their graciousness and participation. He recognized Director Freed and Wayne Coleman. He stated he came to Kodiak to hear citizens' comments. He said the testimony he heard and the number of oil related issues on the agenda gave a strong indication of why the RCAC existed. He applauded the Assembly for their firm stand on important issues. He said the RCAC had not taken a stand on the export ban but there was a concern to ensure that crew members were English- speaking and how far off -shore ships could travel before they turn towards the Orient. He noted Regular Assembly Meeting May 4, 1995 Volume XX Page 28 that letters supporting the response depots in the 470 Fund were sent, and studies about community impact in the event of another oil spill were completed. He said the studies were mainly done in the City of Cordova. He introduced members of the Alaska Municipal League in the audience: George Werts, Municipality of Anchorage Assemblymember, Margie Johnson, City of Cordova mayor and Tim Volstad, City of Seldovia mayor. He thanked the Assembly for their support and hoped for continued support. COMMITTEE REPORTS Assemblymember Hancock, Mental Health Center Advisory Board representative, reported that the Board was finalizing the budget. PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. A. Resolution No. 95 -21 Commenting on the Prince RESOLUTION William Sound Oil Discharge Prevention and NO. 95 -21 Contingency Plans for Trans - Alaska Pipeline System (TAPS) Trade Tankers. Presented for consideration was Resolution No. 95 -21 that, if adopted, directed staff to submit detailed comments on the proposed Prince William Sound Oil Prevention and Contingency Plans (C- plans) for the TAPS tanker trade to the Alaska Department of Environmental Conservation. McFARLAND, moved to adopt seconded by STEVENS Resolution No. 95 -21. Mayor Selby said the document represented hundreds of hours of work and commended Linda Freed, Community Development Department director, for her diligence. He outlined the five provisions recommended by the RCAC. He deferred to Ms. Freed to answer questions. When Assemblymember Milligan asked for a brief synopsis, Ms. Freed explained that there were a massive number of documents to review but with the help of the RCAC, major issues were identified. She gave a brief history outlining that the Department of Environmental Conservation (DEC), as the approving agency, called a meeting to bring people together to discuss the remaining major issues. She said DEC determined the planning documents were complete and Regular Assembly Meeting May 4, 1995 COMMITTEE REPORTS Volume XX Page 29 now in the review process. She said a new issue was received from DEC and DEC was requested to extend the review and comment period for two weeks, which they did. She said of the fourteen issues identified, DEC did a findings document to determine which were resolved. She noted that staff determined that six issues were direct and relevant to Kodiak that DEC should review. She outlined the six issues as the Kitoi Hatchery plan; public area /subsistence areas; oil escaping from Prince William Sound equipment; Alyeska to follow leading edge of spill; permitting procedures for hazardous oil waste; and the best available technology in prevention and response and near -shore response. Deputy Presiding Officer Milligan opened the public hearing. Kristin Stahl- Johnson, RCAC representative for the City of Kodiak, commended Ms. Freed for an excellent summarization but contended that spill response for Kodiak was not defined. mom Copeland, Cordova fisherman, agreed that Kodiak was short - changed in the contingency planning, and the next six months were important. He said DEC decided that equipment would not be pre - deployed in Kodiak but would arrive from Prince William Sound. He noted it would take nine days from Prince William Sound to Kodiak and oil could reach Kitoi Hatchery in five days. He thought it was hard to protect Kitoi Hatchery from an oil spill without pre - deployment. He said State law clearly defined that anywhere within the three mile limit, response planning be in effect. He said once tankers leave Prince William Sound, Alyeska was no longer responsible, and CISPREY was responsible. He said there was a problem with insufficient response planning and that must be dealt with in order to receive full benefit of state response regulations. He suggested adding wording that said DEC should ensure that the response plans meet state response planning standards in all state waters potentially at risk from North Slope crude oil spills. He thanked Ms. Freed for doing a tremendous job with the contingency plan review. He felt CIRCAC and CISPREY had greatly reduced the risk of oil spills but more work was needed. Deputy Presiding Officer Milligan closed the public hearing and reconvened the regular meeting. At Assemblymember McFarland's inquiry, Director Freed agreed that Mr. Copeland's suggestions would be good additions to the resolution. Regular Assembly Meeting May 4, 1995 Volume XX Page 30 Deputy Presiding Officer Milligan felt fortunate that RCAC representatives and Mr. Copeland attended the meeting. McFARLAND, seconded by STEVENS When Assemblymember Milligan voiced his concern about residential oil shipped from Alaska through Cook Inlet, Mayor Selby said DEC was asked to evaluate the situation. Deputy Presiding Officer Milligan reopened the public hearing. Frank Peterson phoned and expressed concern about Kitoi Hatchery and the safety and protection of Island villages. He suggested that 1) oil tanker traffic in Cook Inlet, upper Shelikof Strait and Prince William Sound be escorted both incoming and outgoing, and; 2) there should be an oil spill response program established for each village. Deputy Presiding Officer Milligan thanked Mr. Peterson for his appropriate comments. Deputy Presiding Officer Milligan closed the public hearing and reconvened the regular meeting. VOTE ON MOTION TO POSTPONE Ayes: Noes: Absent: MOTION CARRIED MESSAGES FROM THE BOROUGH MAYOR Regular Assembly Meeting May 4, 1995 moved to postpone Resolution No. 95 -21 to the May 18, 1995 regular meeting with the intent to allow language changes to be highlighted for assembly review. Heinrichs, McFarland, Stevens, Burt, Hancock, Milligan None Monroe Unanimous Mayor Selby thanked the RCAC for their efforts on oil spill prevention and cleanup. He appreciated others who added to the effort, including Wayne Coleman, Bob Brodie and Ms. Stahl- Johnson. He clarified the MESSAGES FROM MAYOR Volume XX Page 31 need for prevention in that once the oil was in the water, the technology was not there to keep it off shore. He felt the RCAC did an excellent job of eliminating future oil spills. He credited Leslie Smith for rallying the fishing boat response for Kodiak. He announced that the OCS Policy Committee action on the Oil Pollution Act of 1990 (OPA 90) insurance requirements were out of committee and headed for Congress to urge them to redefine the $250 million liability insurance requirement for fuel carriers. He met with University of Alaska School of Fisheries representatives to discuss expansion of the Fisheries Industrial Technology Center (FITC). He said the design drawings would be before the Board of Regents in early June, so the project was moving from a feasibility study to the reality of what would be built. He said the building would be smaller than anticipated, and the Alaska Department of Fish and Game (ADF &G) would not occupy the entire building because they could not support the lease. He noted that lab space would be available to ADF &G. He said the National Oceanic and Atmospheric Administration (NOAA) and University space was downsized by eliminating some conference rooms. He said funding for the Alaska Aerospace Corporation Rocket Launch Facility passed through the House of Representatives and was before the Senate Finance Committee, and he anticipated no problem with passage. He said the water treatment plant upgrade was still on the State CIP list and would probably be approved. He thanked Akhiok and Old Harbor residents for graciously hosting the Assembly during their visit. He was pleased with the number of people attending and felt there was great interaction with residents. OLD BUSINESS OLD BUSINESS A. Resolution No. 95 -06 Supporting the Lifting of RESOLUTION the Export Ban on Alaska North Slope (ANS) Oil, NO. 95 -06 Under Certain Conditions. Presented for consideration was Resolution No. 95 -06 that, if adopted, endorsed lifting the export ban of Alaska North Slope crude oil as long as Congress required shipping on United States tankers, modern Regular Assembly Meeting May 4, 1995 Volume XX Page 32 spill response depots were established in Kodiak, and continued support of citizen advisory committees in both Prince William Sound and Cook Inlet. The motion to adopt Resolution No. 95 -06 was before the Assembly. HEINRICHS, seconded by STEVENS Mayor Selby clarified that comments and concerns were incorporated into the document to remove the items identified with specific response depots in Kodak. He distributed a document from lobbyist Brad Gilman that identified key issues of the export ban. He outlined the reasons for the ban from a national perspective as 1) the jobs it creates; 2) spurring domestic energy production in the United States; and 3) increased revenue for Alaska, California and the federal government. At questions raised by Assemblymember Burt, Mayor Selby said the effect was a decrease in the national debt because of increased production of 100,000 barrels of oil and an improved balance of trade. At Assemblymember Stevens' the 470 Fund- -the nickel a to fund near -shore coastal thought the City of Kodiak delighted in having a true In response to Assemblymember Burt, Mayor Selby said the Coast Guard had equipment available in the event of an emergency. He added that the need was to determine what the community needed and pull together to ensure that Kodiak was covered. At questions raised by Assemblymember Milligan, Mayor Selby said an issue before Congress was that Alaska was singled out because other states were not restricted from selling oil on the open market. VOTE ON MOTION TO AMEND Ayes: Noes: Absent: Regular Assembly Meeting May 4, 1995 moved to amend Resolution No. 95 -06 by substitution. inquiry, Mayor Selby said barrel oil tax -- continued equipment packages. He harbor staff would be oil spill cleanup vessel. McFarland, Stevens, Burt, Hancock, Heinrichs, Milligan None Monroe Volume XX Page 33 MOTION CARRIED McFARLAND, seconded by STEVENS At questions raised by Assemblymember Burt, Mayor Selby said the Magnusen Act did not require United States citizens to crew vessels. Assemblymember McFarland appreciated staff efforts in preparing the substituted version but felt the amendment improved the language of the resolution. Because Assemblymember Hancock agreed with the first half of the motion but not the second half; she thought splitting the motion was appropriate. Assemblymember McFarland appreciated Assemblymember Hancock's concerns but felt the Borough was in a position to provocate the increased transportation of oil on the high seas. Assemblymember Stevens suggested that a motion to divide the question was in order. At questions raised by Assemblymember McFarland, Clerk Smith clarified the appropriateness of a motion to divide. HANCOCK, seconded by STEVENS VOTE ON MOTION TO DIVIDE Ayes: Stevens, Burt, Hancock, Heinrichs, Milligan Regular Assembly Meeting May 4, 1995 Unanimous moved to amend Resolution No. 95 -06 in the first sentence of NOW, THEREFORE, BE IT RESOLVED, by adding after the words: "United States tankers" the words: "crewed by United States citizens" and by adding after the word: "established" the words: "prior to the lifting of the ban ". moved to divide the the question by separating: adding after the word: "established" the words: "prior to the lifting of the ban" from the rest of the question. Volume XX Page 34 Noes: McFarland Absent: Monroe MOTION CARRIED 5 Ayes, 1 No The question to amend Resolution No. 95 -06 by adding after the words: "United States tankers" the words: "crewed by United States citizens" was before the Assembly. VOTE ON MOTION TO AMEND Ayes: Burt, Hancock, Heinrichs, McFarland, Stevens, Milligan Noes: None Absent: Monroe MOTION CARRIED Unanimous Assemblymember Stevens asked for discussion from Assemblymember McFarland and Assemblymember Hancock. Assemblymember McFarland felt the scope of the issue was international and there was no need to rush the resolution through. He felt it was important for the Borough to have all its ducks in a row prior to lifting of the ban. Assemblymember Hancock thought the amendment language was subjective regarding response capabilities. She felt it was important to address increased traffic and environmental concerns. The question to amend Resolution No. 95 -06 by adding after the word: "established" the words: "prior to the lifting of the ban" was before the Assembly. VOTE ON MOTION TO AMEND Ayes: McFarland Noes: Hancock, Heinrichs, Stevens, Burt, Milligan Absent: Monroe MOTION FAILED 1 Aye, 5 Noes Assemblymember McFarland understood Assemblymember Hancock's concerns but could not support the Regular Assembly Meeting May 4, 1995 Volume XX Page 35 resolution because Kodiak was not in a position to circumvent the process. He noted the lack of response from the Governor's office, congressional leadership and fishing groups. He did not want the resolution to fail but to be postponed to allow an intelligent decision. Assemblymember Burt agreed with Assemblymember McFarland. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Heinrichs, Stevens, Hancock, Milligan Noes: McFarland, Burt Absent: Monroe MOTION CARRIED 4 Ayes, 2 Noes After a ten minute recess at 9:42 p.m., Deputy Presiding Officer Milligan reconvened the regular meeting. NEW BUSINESS NEW BUSINES° A. BID AWARDS BID AWARDS 1. Contract No. 95 -11 Womens Bay Service Area CONTRACT Road Maintenance, Grading, Snow Removal, NO. 95 -11 and Sanding Project. STEVENS, seconded by HEINRICHS moved to award Contract No. 95 -11 to A -K Construction Company of Kodiak. Mayor Selby said A -K Construction Company was the sole bidder. He stated the service district board reviewed the bid and recommended awarding. VOTE ON MOTION TO AWARD Ayes: McFarland, Stevens, Burt, Hancock, Heinrichs, Milligan Noes: None Absent: Monroe MOTION CARRIED Unanimous Regular Assembly Meeting May 4, 1995 Volume XY Page 3E 2. Contract No. 95 -12 Kodiak Island Borough CONTRACT Chiniak School Water System Improvements. NO. 95 -12 STEVENS, moved to award Contract seconded by HEINRICHS No. 95 -12 to Tundra Plumbing & Heating, Inc. of Anchorage in an amount not to exceed $27,400. Mayor Selby said the water system improvements would also supply water to the tsunami shelter. VOTE ON MOTION TO AWARD Ayes: Stevens, Burt, Hancock, Heinrichs, McFarland, Milligan Noes: None Absent: Monroe MOTION CARRIED Unanimous 3. Contract No. 95 -13 Kodiak Island Hospital CONTRACT Renovation /Addition Cost Estimating NO. 95 -13 Services. HEINRICHS, seconded by STEVENS moved to award Contract No. 95 -13 to HMS, Inc. of Anchorage in an amount not to exceed $6,980. Mayor Selby said the Borough was in contract negotiations with McCarthy SDL for the hospital project and part of the process was to secure a guaranteed maximum price. He noted that HMS, Inc. was the only qualified firm in the state to provide estimating service. VOTE ON MOTION TO AWARD Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous Regular Assembly Meeting May 4, 1995 Burt, Hancock, Heinrichs, McFarland, Stevens, Milligan Volume X) Page 3' B. RESOLUTIONS RESOLUTIOI" 1. Resolution No. 95 -17 Authorizing the RESOLUTION Records Coordinator to Dispose of Certain NO. 95 -17 Kodiak Island Borough Records. Presented for consideration was Resolution No. 95 -17 that, if adopted, provided for the destruction of records found not to be of historical interest nor to have a legal or administrative value. This item was adopted under "Consent Agenda ". 2. Resolution No. 95 -18 Accepting National RESOLUTION Forest Receipts. NO. 95 -18 Presented for consideration was Resolution No. 95 -18 that, if adopted, accepted National Forest Receipt funds from the Department of Community and Regional Affairs. This item was adopted under "Consent Agenda ". 3. Resolution No. 95 -19 Supporting the RESOLUTION Reauthorization of the Federal Coastal Zone NO. 95 -19 Management Act. Presented for consideration was Resolution No. 95 -19 that, if adopted, endorsed the reauthorization of the federal Coastal Zone Management Act (CZMA). This item was adopted under "Consent Agenda ". 4. Resolution No. 95 -20 Authorizing an RESOLUTION Expenditure to the North Pacific NO. 95 -20 Universities Marine Research Consortium for Continued Marine Mammal Research in the North Pacific and Eastern Bering Sea. Presented for consideration was Resolution No. 95 -20 that, if adopted, authorized the expenditure in the amount of $5,000 to the North Pacific Universities Marine Research Consortium for continued marine mammal research in the North Pacific and Eastern Bering Sea. HEINRICHS, seconded by HANCOCK moved to adopt Resolution No. 95 -20. Mayor Selby said this was a five -year project with the University of Alaska, University of British Columbia, University of Washington, and Oregon State University for scientific research on the declining Regular Assembly Meeting May 4, 1995 Volume XX Page 38 sea lion population. He said the research was needed to solve the problem. Assemblymember Hancock felt the consortium was comprised of reputable people and the research worthwhile. She thought it was important to secure expertise from the Board of Fish. She remembered when Al Burch expressed concern about the declining sea lion population. She felt the decline might not be directly related to fishing. Assemblymember Stevens felt it was important to support the resolution. He noted the impressive list of donors and that the consortium was comprised of four universities. VOTE ON MOTION TO ADOPT Ayes: Regular Assembly Meeting May 4, 1995 Hancock, Heinrichs, McFarland, Stevens, Burt, Milligan Noes: None Absent: Monroe MOTION CARRIED Unanimous 5. Resolution No. 95 -22 Supporting an RESOLUTION Appropriation for Near -shore Coastal NO. 95 -22 Cleanup Equipment in the State of Alaska Fiscal Year 1996 Capital Budget. Presented for consideration was Resolution No. 95 -22 that, if adopted, urged the Alaska State legislature to support the $1.6 million for near -shore coastal cleanup equipment and near -shore demonstration packages contained in the fiscal year 1996 capital budget, which will be funded from the Oil and Hazardous Substance Spill Response and Prevention Fund. HEINRICHS, moved to adopt seconded by STEVENS Resolution No. 95 -22. Mayor Selby said funding was from the 470 Fund to buy near -shore coastal cleanup equipment and near -shore demonstration packages. He noted it did not compete with other capital projects because the fund was set aside for only oil related items. Assemblymember Heinrichs considered that the fourth Whereas addressed Ms. Stahl- Johnson's concerns. Volume XX Page 39 VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous 6. Resolution No. 95 -23 Urging the Exxon RESOLUTION Valdez Oil Spill Trustee Council to Acquire NO. 95 -23 Certain Small Parcels of Land. For consideration was Resolution No. 95 -23 that, if adopted, urged the Exxon Valdez Oil Spill Trustee Council to give careful consideration to the list of parcels recommended for acquisition to the Trustee Council by the Kodiak Island Borough on the basis of the multiple special merit value for resources and services injured by the Exxon Valdez oil spill. STEVENS, moved to adopt seconded by HEINRICHS Resolution No. 95 -23. Mayor Selby said the list was comprised of 230 parcels. He said there were some weir sites on the large parcel. He noted that most parcels were rated low by Exxon Valdez Oil Spill Trustee Council staff and there were insufficient funds to purchase all the parcels. He was hoping for the best. Assemblymember Burt was concerned that private land was being placed back into governmental control. Assemblymember Hancock addressed the Dog Salmon Flats Weir Site that was on Native land. She said ADF &G had to lease the site in order to operate it and each time it was leased, it was more costly and difficult. She felt taking the parcels out of private ownership eliminated ADF &G expenses and, therefore, was good for the economy of Kodiak. Assemblymember Heinrichs questioned the order of priority because Termination Point was a recreation site at the top of the list ahead of weir sites that directly affect Kodiak's economy. Mayor Selby explained that the list was established after input from the ADF &G. He noted that Exxon Valdez Oil Spill Trustee Council staff rated most of the parcels as moderate importance. Regular Assembly Meeting May 4, 1995 Heinrichs, McFarland, Stevens, Burt, Hancock, Milligan Volume XX Page 4C When Assemblymember Stevens asked if the parcels would become subject to property tax, Mayor Selby said it was highly unlikely. At questions raised by Assemblymember Burt about leases being taxed, Mayor Selby said ANSCA rules determined when property became taxable and the State of Alaska as a leaseholder was not taxable. Ayes: Noes: Absent: MOTION CARRIED Regular Assembly Meeting May 4, 1995 McFarland, Stevens, Burt, Hancock, Heinrichs, Milligan None Monroe Unanimous C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 95 -04 Rezoning Lots 2 and 3 (Proposed Lot 2A), Lakeside Subdivision, 2nd Addition From I Industrial and RR1 -- Rural Residential One To PL-- Public Use Lands. 2647 and 2716 Selief Lane. Presented for consideration was Ordinance No. 95 -04 that, if adopted, rezoned property to allow the Kodiak Island Borough to accomplish the goal of development a ballfield complex. This item was advanced to public hearing on May 18, 1995 under "Consent Agenda ". 2. Ordinance No. 94 -10H Amending Ordinance No. 94 -10 Fiscal Year 1995 Budget (Day Care Assistance Grant). Presented for consideration was Ordinance No. 95 -04 that, if adopted, amended the fiscal year 1995 budget by increasing the Day Care Assistance Block Grant Subsidy Grant by $11,000 and Administrative Subsidy by $1,044 and increasing the expenditure line items accordingly in the Block Grant Program by $12,044. This item was advanced to public hearing on May 18, 1995 under "Consent Agenda "] ORDINANCES FOR INTRODUCTION ORDINANCE NO. 95 -04 ORDINANCE NO. 94 -10H Volume X) Page 4 • D. OTHER ITEMS 1. STEVENS, seconded Appointment to Airport Advisory Committee. by HEINRICHS VOTE ON MOTION TO APPOINT Ayes: Noes: Absent: MOTION CARRIED HANCOCK, seconded by HEINRICHS VOTE ON MOTION TO APPOINT Ayes: Noes: Absent: MOTION CARRIED Regular Assembly Meeting May 4, 1995 moved to appoint Richard Waddell to a seat on the Airport Advisory Committee for a term to expire December, 1997. Stevens, Burt, Hancock, Heinrichs, McFarland, Milligan None Monroe Unanimous 2. Appointment to Mental Health Center Advisory Board. moved to appoint J. Claire Hurt to the Mental Health Center Advisory Board for a term to expire December 1995. Assemblymember Burt suggested postponing until applications for the second seat were received. Assemblymember Hancock emphasized the need to appoint qualified applicants immediately to ensure a full board. Hancock, Heinrichs, McFarland, Stevens, Milligan Burt Monroe 5 Ayes, 1 No OTHER ITEM' APPOINTMENT TO AIRPORT ADVISOR' COMMITTEE APPOINTMENT TO MENTAL HEALTH CENTER ADVISnRY BOARD Volume XX Page 42 Ayes: 3. Appointment to Hospital & Health Facility Advisory Board. STEVENS, seconded by HEINRICHS Assemblymember Stevens was not familiar with the applicants and thought it critical to interview them at the next work session. VOTE ON MOTION TO POSTPONE Noes: Absent: MOTION CARRIED Ayes: moved to postpone appointment of an applicant to the Hospital and Health Facility Advisory Board until both applicants have been interviewed. Hancock, Heinrichs, McFarland, Stevens, Burt, Milligan None Monroe Unanimous Clerk Smith was directed to schedule interviews. 4. Appointment to the Architectural Review Board /Building Code Board of Appeals. HEINRICHS, seconded by McFARLAND VOTE ON MOTION TO APPOINT Noes: Absent: MOTION CARRIED Regular Assembly Meeting May 4, 1995 moved to appoint Jay Johnston to the Architectural Review Board /Building Code Board of Appeals for a term to expire December 1996. Heinrichs, McFarland, Stevens, Burt, Hancock, Milligan None Monroe Unanimous APPOINTMENT TO HOSPITAL & HEALTH FACILITY ADVISORY BOARD APPOINTMENT TO ARB Volume X) Page 4; 5. Receipt of Annual Certification of Post - RECEIPT C Completion Responsibilities for Land and ANNUAL, Water Conservation Fund Grant Program 02- CERTIFICATION 00346 Salonie Creek Rifle Range. SALONIE CREEK RIFLE RAN HEINRICHS moved to acknowledge seconded by STEVENS receipt of Annual Certification of Post - Completion Responsibilities for Land and Water Conservation Fund Grant Program 02 -00346 Salonie Creek Rifle Range. Assemblymember Heinrichs said he was familiar with the area, and he had concerns that the Borough was not in compliance with the requirements of the grant. Mayor Selby said the annual report, prepared by Resource Management Officer Bud Cassidy, was a specific requirement of the federal government that outlined property improvements. He noted that buildings would be built in the summer. Assemblymember Heinrichs was concerned about a safe environment because he noticed open shafts on the property that were a potential significant hazard to the Borough and residents. He felt it was imperative to prevail upon the leaseholder to address safety hazards and litter. Mayor Selby said he was not aware of open shafts on the property but he would look into it. He said the Kodiak Island Sportsmen's Association planned a spring litter patrol, brush cutting and road plowing to ensure the area was a safe place to recreate. VOTE ON MOTION TO ACKNOWLEDGE Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous Regular Assembly Meeting Msy 4, 1995 McFarland, Stevens, Burt, Hancock, Heinrichs, Milligan Volume X; Pape 4, INFORMATIONAL MATERIALS (No action required) A. B . REPORTS C. OTHER MINUTES OF OTHER MEETINGS 2. Data Processing Steering Committee Meeting of March 17, 1995. 1. Kodiak Island Borough April 1995 Financial Report. 2. Kodiak Island Borough School District March 1995 Financial Report. 3. Kodiak Island Borough School District Regular Meeting of April 17, 1995 Summary. 1. Horseshoe Lake Community Association Newsletter of April 21, 1995. 2. The Village Participation Conference 1995 Report. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Heinrichs congratulated Elaine Griffin and her husband Ned on her recognition as National Teacher of the Year. He felt it was an excellent opportunity for exposure for Kodiak and an excellent choice. He was encouraged at the amount of interest from Akhiok residents who were ecstatic at seeing Ms. Griffin on television. Assemblymember Stevens was pleased to hear it was Municipal Clerks' Week. He felt the clerks did a wonderful job, and it was his intention to bring a big box of candy to them in the morning and encouraged everyone in the community to do the same. Assemblymember Hancock thanked residents who welcomed the Assembly during recent trips to the villages. She noted the Assembly traveled to all villages except Chiniak. She was impressed at the number of people who spoke to the Assembly in Akhiok and Old Harbor and by their knowledge of their plans and needs. She appreciated the opportunity to meet all of the village residents. Regular Assembly Meeting May 4, 1995 INFORMATIONAL MATERIALS MINUTES OF OTHE MEETINGS CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume X; Page 4! Assemblymember McFarland congratulated Martin Lydick as employee of the month. He felt Mr. Lydick was industrious and involved. He appreciated Clerk Smith and staff, saying he felt the Clerk's Office brought a good medium to the Borough. He sent wishes and prayers of support to members of the Lechner family. He urged that the OCS Committee be reestablished. Deputy Presiding Officer Milligan felt it was a treat to see so many Kodiak citizens on RATNET during the televising of the Teacher of the Year Award ceremony. He felt Resolution No. 95 -06 provided conditional support and did not define a position. He complimented Clerk Smith on the efficiency of the Clerk's Office. Mayor Selby distributed copies of the budget for discussion at the May 11 work session. BURT, seconded by HANCOCK VOTE ON MOTION TO ADJOURN MOTION CARRIED unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 10:40 p.m. ATTEST: C Do i0Y1 - 4 Borough Clerk Approved: (5/18/95 Regular Assembly Meeting May 4, 1995 moved to adjourn. ADJOURNMENT c 7zeic d Presiding Officer Volume XX Page 46