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1995-09-07 Regular MeetingKODIAR ISLAND BOROUGH Regular Assembly Meeting September 7, 1995 A regular meeting of the Kodiak Island Borough Assembly was held September 7, 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. Presiding Officer Monroe led the Pledge of Allegiance. There were present: Mary Monroe, Presiding John Burt Robin Heinrichs Mike Milligan Suzanne Hancock Jack McFarland Gary Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC, Clerk Judi Nielsen, Deputy Clerk Linda Freed, Community Development Director APPROVAL OF AGENDA AND CONSENT AGENDA STEVENS, seconded by MILLIGAN moved to approve the agenda and consent agenda. Clerk Smith read the items for consideration under "consent agenda ". VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES A. K.I.B. Assembly Special Meeting of August 17, 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 Rachael Miller, personnel assistant in the Mayor's office. Regular Assembly Meeting September 7, 1995 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH Volume XX Page 178 B. Proclamations Mayor Selby proclaimed September 20, 1995 Neighbors Make the Difference Day, urging all citizens to put their heart into our community through volunteerism and other forms of participation and to remember that the first step to positive change is to lift a hand to help. Mayor Selby proclaimed September 17 -23, 1995 Constitution Week, urging all citizens to study the Constitution and express gratitude for the privilege of being an American in a Republic which functions under the oldest constitution still in active use today. The proclamation was accepted by Debbie Refior, Daughters of the American Revolution representative. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS Assemblymember Hancock attended the Oil Spill Recovery Institute Advisory Board meeting. She said the Board would restructure to an agency emphasis. She stressed to the Board the need to include fishing industry representatives on a committee on coastal Alaska. Assemblymember Milligan reported that the Assembly toured the hospital. He said the building looked huge and unaffordable from the road but the bulk of the building was in the front with open space in back. Assemblymember Heinrichs reported that the Wastewater Treatment Plant Task Force met and progress was made. He was encouraged by borough, city and staff participation. Presiding Officer Monroe agreed and thanked Assemblymembers Hancock and Heinrichs for representing the Borough. Presiding Officer Monroe, Kodiak College Council representative, reported there was positive energy at the College with registration and the beginning of the fall schedule. She noted it was too early for Regular Assembly Meeting September 7, 1995 PROCLAMATION' NEIGHBORS MAC... THE DIFFERENCE DAY CONSTITUTION WEEK CITIZENS' COMMENTS COMMITTEE REPORTS Volume XX Page 179 total enrollment figures. She extended a welcome to the community to utilize the campus library. 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. Ordinance No. 95 -12 Rezoning Property ORDINANCE Surrounding the Monashka Bay Watershed, NO. 95 -12 Including Borough -Owned Land at the End of the Road in Monashka Bay, From C -- Conservation IR NU-- Natural Use. Presented for consideration was Ordinance No. 95 -12 that, if adopted, rezoned property consistent with the 1968 Borough Comprehensive Plan to designate a watershed reserve and buffer zone to protect the watershed. McFARLAND, moved to adopt seconded by MILLIGAN Ordinance No. 95 -12. Mayor Selby said rezoning the property would preserve the area for park and recreation use, as well as protect the Monashka Bay Watershed by providing a buffer that allowed less intensive use. In response to Assemblymember Milligan, Mayor Selby deferred to Linda Freed, Community Development Department Director. Director Freed said that, because the property was clearly identified as necessary for the city watershed, the Alaska National Interest Lands Conservation Act (ANILCA) approved the exchange of land instead of a purchase or gift. At Assemblymember Burt's inquiry, Mayor Selby said the park would be Borough owned and developed with Exxon Valdez settlement funds. He anticipated a low maintenance park with picnic areas and walkways and noted the need for an outhouse. He said the Borough currently collected garbage at the sight and he did not foresee a need for additional staff because non- profit groups could be contracted for garbage pickup. Presiding Officer Monroe called for public testimony; hearing and seeing none, she reconvened the regular meeting. Regular Assembly Meeting September 7, 1995 Volume cx Page 180 VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous Burt, Hancock, Heinrichs, McFarland, Milligan, Stevens, Monroe MESSAGES FROM MESSAGES FROM THE BOROUGH MAYOR MAYOR Mayor Selby attended the quarterly Emergency Services Organization meeting where City of Kodiak Manager Bill Jones was installed as the new director. He said the new Harbormaster was present and involved. He reported that the City reprinted the Kodiak Area Emergency Preparedness Information pamphlet and it was available at the fire department. He said the pamphlet offered helpful information in the event of a tsunami, earthquake or chemical spill, and outlined safe routes to safe areas. He thanked the City. He announced that the Southwest Alaska Municipal Conference (SWAMC) fall meeting would be in Kodiak this weekend. He noted that Assemblymember McFarland was the SWAMC president. He anticipated resolutions on fishery policies, transportation concerns, ferry service and extending that service, as well as discussion on economic development and tourism. He invited the community to participate. He said Brad Gilman, Washington D.C. lobbyist, reported that the battle for full funding of the payment -in- lieu -of -tax was ongoing and it was unknown if the figure would be set at $110 million or $150 million. He said Congress was back in session and an answer should be forthcoming. He reported that Senator Stevens continued to work for funds for in- holdings of the Kodiak National Wildlife Refuge. He said the Oil Pollution Act of 1990 $150 million insurance requirement and the Endangered Species Act were moving forward. He reported that Foreign Trade Zone representatives would hold a public hearing in the assembly chambers on October 5 from 9:00 a.m. to noon. Regular Assembly Meeting September 7, 1995 Volume XX Page 181 OLD BUSINESS None. NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 95 -52 Kodiak High School and CONTRACT Borough Office Building Parking Lot Asphalt NO. 95 -52 Pavement Repairs. STEVENS, seconded by MILLIGAN Ayes: Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS Regular Assembly Meeting September 7, 1995 moved to award Contract No. 95 -52 to Brechan Enterprises, Inc. of Kodiak in an amount not to exceed $13,028. Mayor Selby said the contract was for repair and patching of the Kodiak High School and Borough building parking lots as well as for the pad under the new Borough building oil drum. In response to Assemblymember McFarland, Mayor Selby said paving was scheduled for the weekends to avoid times of heavy traffic. He said workers began to dig out and recompact weak areas and that ideally the patch would be better than the original paving. He said the lots would not be completely repaved this year because funds were moved from the project to re- side Kodiak Middle School. He said the contract for complete repaving would be to the Assembly next year. VOTE ON MOTION TO AWARD Hancock, Heinrichs, McFarland, Milligan, Stevens, Burt, Monroe OLD BUSINESS RESOLUTIONS 1. Resolution No. 95 -37 Accepting Transfer of RESOLUTION Responsibility for the Near Island Research NO. 95 -37 Facility and Establishing a Plan for Completion of the Facility. Presented for consideration was Resolution No. 95 -37 that, if adopted, accepted the "Transfer of Responsibility" for the Near Island Research Facility from the University of Alaska. Volume XX Page 182 MILLIGAN, moved to adopt seconded by STEVENS Resolution No. 95 -37. Mayor Selby said this was a part of the process to complete the facility. He said the resolution did not commit the Borough because several actions were needed to make the facility a reality. He thought discussion was needed before the Board of Regents authorized the transfer of $3 million that the resolution accepted. He noted that the funds were a grant to the University of Alaska from the Exxon Valdez criminal settlement. He said the facility would house the Alaska Department of Fish and Game, the National Oceanic and Atmospheric Administration and the University of Alaska Fairbanks. He said the University Board of Regents would meet in October to discuss the lease. He noted the facility was designed to be self - sufficient with operation and maintenance paid at no cost to the Borough. He said the Borough would hire a management firm to oversee the construction of the facility and then request the Assembly to authorize revenue bonds. Presiding Officer Monroe commended Mayor Selby's efforts to secure tenants to share the facility. Assemblymember Milligan wondered why the university did not champion the project and if the project would not happen if not championed by the Borough. Mayor Selby said that if the Borough did not do it, it would not get done. He said the City donated the land and from the start the intent was for a three phase construction with the seawater circulation tank as part of the last phase. He said the project began ten years ago but state funding problems defined that the University would not have the time to devote to the project because several buildings on campus demanded bonding for renovation and construction. He added that NOAA rated the project number one in the country and the need was to take advantage and build. He felt the Borough had the expertise to build the building in a cost effective manner. At questions raised by Assemblymember Milligan, Mayor Selby said the facility would accommodate research that otherwise would not happen, and with seawater tanks, crab research was just an example of the research capabilities. He felt there might be some disappointment in the future when scientists determined the building was too small. He said that with 12 species of bottom fish, Kodiak was the best place to build the facility to assure the long -term return of natural resources. Regular Assembly Meeting September 7, 1995 Volume XX Page 183 Assemblymember Milligan asked what would happen to the obligation to pay the revenue bonds if funding was cut. Mayor Selby said the leases would be for 20 years but if tenants negated the contract, the bank would take ownership of the building and the Borough would have no obligation to pay the bonds. At Assemblymember Stevens' inquiry, Mayor Selby said the bond council would review the lease wording to ensure the leases would be honored. He noted the similarity with other GSA leases. In response to several questions asked by Assemblymember Burt, Mayor Selby outlined the following: The majority of the building was leased for federal use and Shuyak Island land sale funds would pay the lease for the ADF &G and University for about ten years; construction costs would be paid up front and additional funds would pay future years; six weeks was anticipated for closure on the Shuyak Island sale; $3 million from the state, $500,000 from Congress and a portion of the Shuyak Island land sale funds would pay for the design work of the facility; leases would be in place before revenue bonds were sold but not before the architect was hired, and ideally bonds would be sold a month before needed; maintenance position would be full -time and funded as part of the enterprise funds through the Engineering/ Facilities Department; and safeguards for radioactive and toxicology waste would be built into the building and that was beneficial in that toxicology reports after the Exxon Valdez oil spill were not timely. Assemblymember Hancock wondered how Congress could commit to a twenty year lease. Mayor Selby said funding was for one year at a time but there was a commitment because the courts enforced the lease. Assemblymember Hancock was concerned about paying back the bonds. Mayor Selby said that other tenants could be secured for the building so the inability to pay the bonds was unlikely. Assemblymember McFarland was disturbed that the Assembly would decide to revenue bond without public input. He asked why the University did not revenue bond. Mayor Selby said the University was attempting to complete five campus buildings and did not have staff time. Assemblymember could maintain the building. Regular Assembly Meeting September 7, 1995 McFarland wondered if the University ownership with the Borough managing He was uncomfortable because the Volume XX Page 184 public was not part of the process and the University was not a partner. Mayor Selby said the University would dump the project in October because they had gone as far as they would go. He said the University would remain a partner in the lease package but did not have staff time to commit to the building. At Assemblymember Heinrichs' inquiry, Mayor Selby said that even with the bond indebtedness, the Borough would still have one of the lowest bonding ratios in the state because the Borough was a lightly bonded community. In response to Assemblymember Burt, Mayor Selby said the resolution did not lock the Assembly into a building but set a plan for the building. He noted that the University was not in the business of building and leasing buildings. McFARLAND, seconded by BURT Regular Assembly Meeting September 7, 1995 moved to postpone Resolution No. 95 -37 until October 5 with the provision that we have an executive session on September 21 to discuss the Shuyak Island Land sale and during that time the Board of Regents and other participants can come forward in a public hearing. Assemblymember McFarland felt that would be within the time frame for the Board of Regents decision. Assemblymember Milligan spoke against the amendment in that he did not feel the Assembly would receive enlightening information. He felt the University was in a mode to survive and preserve the system and noted the dangerous conditions of buildings on the Fairbanks campus. He felt the private sector did not have the ability to initiate projects, but once established, would join in. At further questions, Mayor Selby said the Borough should champion the project as an incredible potential for Kodiak. Assemblymember McFarland felt discussion was a way for the community to participate and the that Board of Regents should participate in discussion. In response to Presiding Officer Monroe, Mayor Selby said the Board of Regents would be invited but he anticipated cancellation of the October Regents' Volume XX Page 185 meeting because of the show of lack of commitment if the resolution was postponed or failed. He said a compelling reason not to postpone to October 5 was that the project would be delayed one year. Assemblymember Stevens did not favor postponement. He felt debate was premature and that without the resolution conditions would be set that tied the Mayor's hands. He said the resolution was not a commitment to build but a step in the process. Assemblymember Burt wondered why the resolution was important if there was no commitment. Presiding Officer Monroe felt that orchestrating the project was complicated and Mayor Selby understood the sequence of events. She thought the resolution was benign and the Borough would not be obligated. Although she favored a public meeting, she did not favor postponement. Assemblymember McFarland disagreed that the Borough was not accepting an obligation. He was emphatic that the obligation would have unknown costs and he felt the public process was needed. Assemblymember Milligan contended there was a responsibility and obligation but also an opportunity. He felt the Borough should champion the facility as a fantastic opportunity for fisheries research. He commended Mayor Selby's management of enterprise funds and noted the Borough's low level of indebtedness. He wondered who else would establish the facility if the Borough did not. Assemblymember Burt saw the advantage of the facility and research but did not want responsibility as landlord. He wanted information on the research planned and an explanation on the bonding. Assemblymember McFarland supported the project but wanted public input. Although Assemblymember Hancock supported the facility, she did not want to become a landlord without more information. Mayor Selby clarified that the resolution accepted funds and established the public process to build the facility. He said without the resolution, funds could not be disbursed. He felt that if the facility was not built in Kodiak, it would be built in Juneau. Regular Assembly Meeting September 7, 1995 Volume XX Page 186 VOTE ON MOTION TO POSTPONE Ayes: McFarland, Hancock Noes: Heinrichs, Milligan, Stevens, Burt, Monroe MOTION FAILED VOTE ON MOTION TO ADOPT Ayes: Noes: 2 Ayes, 5 Noes Milligan, Stevens, Heinrichs, Monroe McFarland, Burt, Hancock MOTION CARRIED 4 Ayes, 3 Noes C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 95 -10A Amending Ordinance No. 95 -10 Fiscal Year 1996 Budget to Reflect Amendments. Presented for consideration was Ordinance No. 95 -10A that, if adopted, amended the Kodiak Island Borough budget to reflect certain amendments. This item was advanced to public hearing on September 21, 1995 under "Consent Agenda ". 2. Ordinance No. 94 -10J Amending Ordinance No. 94 -10 Fiscal Year 1995 Budget ( Day Care Assistance Program Grant). Presented for consideration was Ordinance No. 94 -10J that, if adopted, amended the Kodiak Island Borough budget by decreasing the Transitional Child Care Subsidy and Expenditures by $12,000. This items was advanced to public hearing on September 21, 1995 under "Consent Agenda ". 3. Ordinance No. 94 -10K Amending Ordinance No. 94 -10 Fiscal Year 1995 Budget ( Alaska Coastal Management Program Grant). Presented for consideration was Ordinance No. 94 -10K that, if adopted, amended the Kodiak Island Borough budget by transferring $3,000 for purchase of a computer software program. Regular Assembly Meeting September 7, 1995 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 95 -10A ORDINANCE NO. 94 -10J ORDINANCE NO. 94 -10K Volume XX Page 187 1. Appointment to Kodiak Island Advisory Board. Presiding Officer Monroe reported that were interviewed by the Assembly. McFARLAND, seconded by MILLIGAN VOTE ON MOTION TO APPOINT MOTION CARRIED INFORMATIONAL MATERIALS (No A. This item was advanced to public hearing on September 21, 1995 under "Consent Agenda ". D. OTHER ITEMS McFARLAND, seconded by MILLIGAN Regular Assembly Meeting September 7, 1995 Hospital In order to clarify, Assemblymember McFarland reiterated his original motion. the applicants moved to appoint Alice Knowles to a seat on the Kodiak Island Hospital Advisory Board to expire December, 1995. BURT, seconded by HANCOCK for a secret ballot. VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous voice vote As a result of the casting of secret ballots by the Assembly and calculation of the secret ballots, Clerk Smith announced that Alice Knowles received five votes. moved to amend to call moved to appoint Alice Knowles to a seat on the Kodiak Island Hospital Advisory Board to expire December, 1996. Unanimous voice vote action required) MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular Meeting of July 19, 1995. 2. Data Processing Steering Committee Regular Meeting of June 23, 1995. OTHER ITEMS KODIAK ISLAND HOSPITAL ADVISORY BOARD APPOINTMENT INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS Volume XX Page 188 B. REPORTS REPORTS 1. Kodiak Island Borough August 1995 Financial Report. 2. Kodiak Island Borough School District July 1995 Financial Report. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Hancock congratulated Rachael Miller as employee of the month. She said Ms. Miller was a terrific employee that she was pleased to see honored. Assemblymember McFarland announced that the SWAMC Conference was in Kodiak and a minimum of sixty participants were expected. He encouraged the public to attend. Presiding Officer Monroe announced that members of the assembly would attend SWAMC at the Westmark Kodiak September 8 and 9; would travel to Ouzinkie for the Ouzinkie School rededication on September 13; and would meet in work session on Thursday, September 14 at noon and 7:30 p.m. in the borough conference room and regular meeting on Thursday, September 21 at 7:30 p.m. in the assembly chambers. She announced the regular municipal election was October 3 and absentee ballot applications were available in the clerk's office and absentee voting in person would begin September 18 in the clerk's office, room 123 of the borough building from 8:00 a.m. to 5:00 p.m., Monday through Friday. EXECUTIVE SESSION MILLIGAN, seconded by HEINRICHS Regular Assembly Meeting September 7, 1995 moved to recess the regular meeting and convene the executive session for the annual performance evaluation of the clerk. OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS EXECUTIVE SESSION Volume XX Page 189 VOTE ON MOTION MOTION CARRIED Unanimous voice vote At 9:26 p.m. Presiding Officer Monroe recessed the regular meeting and convened the executive session. At 10:10 p.m. Presiding Officer Monroe reconvened the regular meeting. It was reported that no action was taken as a result of the executive session. BURT, seconded by McFARLAND VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 10:11 p.m. ATTEST: _L!CaLle_ C'M c Donna F. Smith, CMC Borough Clerk Approved: 10/19/95 Regular Assembly Meeting September 7, 1995 moved to adjourn. ADJOURNMENT Q . 72C4iALA.4 Mary A..'onroe Presiding Officer Volume XX Page 190