Loading...
1995-11-02 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting November 2, 1995 A regular meeting of the Kodiak Island Borough Assembly was held November 2, 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 Pastor David Nelson of St. Paul Lutheran Church, followed by the Pledge of Allegiance. There were present: Mike Milligan, Presiding John Burt Suzanne Hancock Robin Heinrichs Bob Johnson Jack McFarland Absent: 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 Assemblymember Stevens was out of town and asked to be excused. McFARLAND, moved to excuse seconded by HEINRICHS Assemblymember Stevens. VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote APPROVAL OH AGENDA AND CONSENT AGENDA HANCOCK, seconded by McFARLAND Regular Assembly Meeting November 2, 1995 moved to approve the agenda and consent agenda. Clerk Smith read the items for consideration under "Consent Agenda ". Because the Airport Advisory Committee had not met, the Assembly requested that Ordinance No. 95 -16 be removed from the agenda. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA Volume XX Prase 237 VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of October 19, 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 Sharon Nault, operations supervisor in the Management Information Systems Department. CITIZENS' COMMENTS CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Assemblymember Burt reported that the last Planning and Zoning Commission work session was cancelled. PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby thanked the Kodiak Chamber of Commerce for preparing the Overall Economic Development Program that was approved by the Department of Commerce. He felt it was a great accomplishment that opened doors for individuals interested in competing for federal grants. He said the final appeal hearing on additional oil spill boom at the Kitoi Bay Hatchery was requested. He noted the need to develop a plan to determine the type of boom needed and placing it at Kitoi. He said presently there was a seven to eight day time frame to defend Kitoi Bay without boom, and the Exxon Valdez oil spill confirmed that oil would reach Kitoi Regular Assembly Meeting November 2, 1995 APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH PUBLIC HEARING MESSAGES FROM MAYOR Volume XX Page 238 Bay in six days. He would continue working until Kitoi Bay was adequately protected. He reported on Environmental Protection Act (EPA) and Department of Environmental Conservation (DEC) guidelines for the landfill. He said the only option was to proceed with the expensive process to legally close the ten -acre landfill by covering it with a membrane instead of clay. He would bring information to the Assembly to determine how to cover the costs. He noted the new area would have a 20 year life. He reported that Oil Pollution Act of 1990 (OPA -90) amendments were in the House and would soon be to the Senate so a successful completion was close at hand. He noted that most provisions were in both versions of the Bill and the news was good for fishing interests. He noted the onset of winter and urged the community to drive carefully. At questions raised by Assemblymember Burt, Mayor Selby said the Chamber was not directly involved with the grants but that federal grant information was available and John Pfeifer, the Chamber's economic development specialist, could assist in securing forms and discussing were economic development in nature. Deputy Presiding Officer Milligan understood that the document allowed people in the community to apply for grants where otherwise they could not. In response to Deputy Presiding Officer Milligan's inquiry regarding the landfill, Mayor Selby said studies were completed under federal guidelines and since the current landfill had a useful life of three to four years, the need was to open and prepare a new area. He noted the requirements had changed since Kodiak opened the current landfill. At Assemblymember Johnson's question, Mayor Selby said costs could be paid over approximately 20 years because a new location would last 15 years and the current landfill had a useful life of 3 -4 years. He outlined that $4 million was needed for the current landfill, $1 million for a leachate collection system and $1 3/4 to $2 million to clear and prepare the land and install membrane. He said the Borough was looking at other options and would bring that information to the Assembly in two to three weeks. Regular Assembly Meeting November 2, 1995 \...,: re XX P,,e 239 When Assemblymember Hancock asked about handling refuge more efficiently, Mayor Selby said that was reviewed, but $3 million was still needed to close out the current area. He spoke of discussion with Kodiak Electric Association to create energy through burning. He said all options would be included in the information to the Assembly. When Assemblymember Heinrichs asked about the need for drain tiles to intercept ground water, Mayor Selby said that was part of the combined leachate system for the new and current areas. He said space was not limited and one treatment station would serve the area. He was working with DEC to use wetlands as a secondary source of filtration. OLD BUSINESS OLD BUSINESS A. Ordinance No. 95 -15 Amending Title 8 HEALTH AND ORDINANCE SAFETY by Amending Chapter 8.20 SOLID WASTE NO. 95 -15 COLLECTION AND DISPOSAL Section 8.20.030 Solid waste collection and disposal required and Adding Section 8.20.055 VACANCY and by Amending Section 8.20.065 Service requests, billing and collection. Presented for consideration was Ordinance No. 95 -15 that, if adopted, added a minimum monthly commercial rate, added a section allowing property owners or occupants of a premise to request a vacancy billing status during periods when the premise was not occupied and amended billing to be synonymous with the residential water and sewer billing cycle. The motion to adopt Ordinance No. 95 -15 was before the Assembly. Mayor Selby outlined the changes as 1) a minimum monthly fee for any licensed business; 2) a vacant rate when occupants are away for an extended time; and 3) billing to customers by the tenth of the month. HANCOCK, seconded by McFARLAND Regular Assembly Meeting November 2, 1995 moved to amend Ordinance No. 95 -15 by replacing the number: "(30)" with the number "(90)" in Section 8.20.055 Vacancy, subsection A. %.• .:ne XX P.Ce :40 Assemblymember Hancock said the amendment brought the Borough in line with city requirements. She felt it was not uncommon for people to be at set -net sites for more than 30 days. In response to Assemblymember McFarland, Mayor Selby outlined that a vacancy of 90 days or more qualified for vacancy status and when people returned, billing resumed. At further questions, Mayor Selby said that if businesses went out of business, service and billing was terminated. Mayor Selby said the intent was that those not contributing to garbage, should not contribute to cost. When Assemblymember McFarland asked the Mayor if he was comfortable with 90 days, Mayor Selby said he did not object to increasing the time to 90 days. In response to Assemblymember Johnson, Mayor Selby said the Finance Department suggested the change because residents asked for a vacancy rate. Mayor Selby said the Finance Department felt 30 days was reasonable because 90 days excluded most people. VOTE ON MOTION TO AMEND Ayes: Noes: Hancock Burt, Heinrichs, Johnson, McFarland, Milligan Absent: Stevens MOTION FAILED 1 Aye, 5 Noes BURT moved to amend seconded by McFARLAND Ordinance No. 95 -15 by adding to Section 8.20.030 after the words: "Kodiak Island Borough ", the words: "with exception of home businesses ". Assemblymember Burt felt home businesses already paid fees. Assemblymember Hancock noted that enforcement was on a complaint basis. She felt it was not appropriate for a home business that generated a large amount of garbage to use dumpsters paid for by others. Regular Assembly Meeting November 2, 1995 Volume XX Page 241 Assemblymember Burt felt the ordinance should be clear rather than wide -open, or the Borough could attach a bill to a home business. At Assemblymember Johnson's request, Mayor Selby clarified that the ordinance addressed Assemblymember Burt's concern in that home businesses currently charged for a dumpster were in the billing system. Assemblymember Burt felt that many small home businesses did not generate much garbage. Assemblymember Johnson did not favor the amendment. He felt all businesses should be subject to fees. When Deputy Presiding Officer Milligan asked if he was uncomfortable with the Finance Director making the decision, Assemblymember Burt said some businesses may be exempt this year but not next year and he did not want to double tax. When Assemblymember McFarland asked if the minimum monthly charge would be part of the fees resolution, Mayor Selby responded affirmatively. Assemblymember McFarland continued that he felt the information should be included in the packet. Mayor Selby said the ordinance was needed prior to changing the fee schedule. VOTE ON MOTION TO AMEND Ayes: Burt, Milligan Noes: Absent: Stevens Hancock, Heinrichs, Johnson, McFarland MOTION FAILED 2 Ayes, 4 Noes Assemblymember McFarland supported the ordinance but felt his and Assemblymember Burt's concerns were valid. He felt it was a problematical ordinance and was the time to reduce exemption clauses and address the needs of the community. Assemblymember Burt agreed that the ordinance needed work, and he would not support it. Assemblymember Heinrichs felt some concerns could be addressed in the fees resolution. Regular Assembly Meeting November 2, 1995 i •:e _42 Assemblymember Johnson thought the ordinance was straight - forward and addressed complaints of dumpster owners. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED NEW BUSINESS Heinrichs, McFarland, Milligan Burt Stevens 5 Ayes, A. Reorganization of the Kodiak Island Assembly. Election of presiding officer and deputy officer. HEINRICHS, HANCOCK, Regular Assembly Meeting November 2, 1995 1 No Johnson, Hancock, Borough presiding Clerk Smith informed the Assembly that a majority of four votes was needed to elect a member to office. Nominations for presiding officer were opened. nominated Assemblymember Stevens as presiding officer of the Kodiak Island Borough Assembly. nominated Assemblymember Milligan as presiding officer of the Kodiak Island Borough Assembly. JOHNSON, nominated Assemblymember McFarland as presiding officer of the Kodiak Island Borough Assembly. Nominations for presiding officer were closed. After calculation of secret ballots, Clerk Smith announced that Assemblymembers Stevens, Milligan and McFarland each received two votes. NEW BUSINESS REORGANIZATION OF ASSEMBLY ELECTION OF PRESIDING OFFICER AND DEPUTY PRESIDING OFFICER Volume XX Page 243 After calculation of the second round of secret ballots, Clerk Smith announced that Assemblymember Stevens was eliminated. She noted that neither Assemblymember Milligan nor Assemblymember McFarland received a majority vote. After calculation of the third round of secret ballots, Clerk Smith announced that neither Assemblymember Milligan nor Assemblymember McFarland received a majority vote. She noted that one ballot was marked with an "X" and cautioned the Assembly on the need for each member to cast their vote. After calculation of the fourth round of secret ballots, Clerk Smith announced that the vote was tied 3 -3. After calculation of the fifth round of secret ballots, Clerk Smith announced that the vote was tied 3 -3. She suggested postponing the vote to the next regular meeting. JOHNSON, moved to postpone the seconded by HEINRICHS election of presiding officer to the next regular meeting. Assemblymember Johnson felt the equal division of the members was demonstrated twice and all assemblymembers would be present at the next regular meeting. Assemblymember Burt asked if nominations would be opened again. Clerk Smith said she would have to review "Robert's Rules of Order ". After a ten minute recess at 8:34 p.m., Acting Presiding Officer Milligan reconvened the regular meeting. HANCOCK, seconded by BURT moved to amend the motion to postpone to a special meeting on the 9th of November prior to the work session for the purpose of conducting the election. Assemblymember Hancock clarified that her intent was to start from ground -zero and conduct a new election. Regular Assembly Meeting November 2, 1995 Volume XX Page 244 VOTE ON MOTION TO AMEND AMENDMENT Ayes: Noes: Absent: MOTION CARRIED VOTE ON MOTION TO POSTPONE AS Ayes: Noes: Absent: MOTION CARRIED Clerk Smith suggested that the election of the deputy BURT, seconded by JOHNSON VOTE ON MOTION TO POSTPONE Ayes: Noes: Absent: MOTION CARRIED B. AWARDS 1. HEINRICHS, seconded by McFARLAND Regular Assembly Meeting November 2, 1995 Heinrichs, Johnson, McFarland, Burt, Hancock, Milligan None Stevens Unanimous AMENDED Johnson, McFarland, Burt, Hancock, Heinrichs, Milligan None Stevens Unanimous the Assembly also postpone presiding officer. moved to postpone the election of the deputy presiding officer to a special meeting on November 9, 1995 at 7:00 p.m. McFarland, Burt, Hancock, Heinrichs, Johnson, Milligan None Stevens Unanimous Contract No. 95 -64 Ouzinkie School Playground Equipment. moved to award Contract No. 95 -64 to Division 10 Products, AWARDS CONTRACT NO. 95 -64 Volume XX Page 245 Inc. of Anchorage for Big Toy Model #8T3806 F.O.B. Kodiak in an amount not to exceed $11,104. Mayor Selby said the Ouzinkie Advisory School Board reviewed the price and quality of different types of playground equipment and recommending awarding the contract to Division 10 Products, Inc. Assemblymember Burt appreciated receiving the drawings and a full packet of information. VOTE ON MOTION TO AWARD Ayes: Noes: None Absent: Stevens MOTION CARRIED Unanimous C. RESOLUTIONS RESOLUTIONS 1. Resolution No. 95 -42 Authorizing the RESOLUTION Acquisition of Tidelands for Recreation, NO. 95 -42 Subsistence, and Safety Purposes in Anton Larsen Bay. Regular Assembly Meeting November 2, 1995 Burt, Hancock, Heinrichs, Johnson, McFarland, Milligan Presented for consideration was Resolution No. 95 -42 that, if adopted, authorized the mayor to enter into a lease with the state of Alaska for tidelands in Anton Larsen Bay surrounding the existing floating dock for maneuvering room and future parking areas. HANCOCK, moved to adopt seconded by McFARLAND Resolution No. 95 -42. Mayor Selby explained that the resolution allowed the Borough to enter into a lease with the state of Alaska for tidelands around the Anton Larsen Bay floating dock. He noted that there was no fee for the lease because it was for a public and charitable use. He anticipated construction of a parking lot adjacent to the dock that would allow a larger volume of traffic next summer. •dome XX Pie 146 VOTE ON MOTION TO ADOPT Ayes: Hancock, Heinrichs, Johnson, McFarland, Burt, Milligan Noes: None Absent: Stevens MOTION CARRIED Unanimous 2. Resolution No. 95 -43 Authorizing the RESOLUTION Disposal of 1,081 Square Feet of Lot 7B, NO. 95 -43 U.S. Survey 2538A, to the City of Kodiak for Less Than Fair Market Value. (Along Egan Way) Presented for consideration was Resolution No. 95 -43 that, if adopted, authorized disposal of 1,081 square feet of Borough -owned land to the city of Kodiak for less than fair market value. JOHNSON, moved to adopt seconded by HEINRICHS Resolution No. 95 -43. Mayor Selby said the resolution allowed the disposal of a portion of land along Egan Way just opposite the Borough building. He said subdividing Lot 6B -1 into Lots 6B -1A and 6B -1B would provide the city of Kodiak with essential access. HEINRICHS, moved to amend seconded by McFARLAND Resolution No. 95 -43 by adding as the last WHEREAS the words: "Egan Way right -of -way is restricted by the north east corner of Lot 6B -1A ", and by adding to the NOW, THEREFORE BE IT RESOLVED in the first sentence after the words: "fair market value ", the words: "in exchange for a portion of Lot 6B -1A which is necessary to maintain the full width of the Egan Way right -of -way ". Assemblymember Heinrichs stated his intent was to clear the small encroachment and it was in the best Regular Assembly Meeting November 2, 1995 \.dwne XX P.i, a 247 interest of the City. In response to his inquiry, Mayor Selby said the wording gave clear direction that the intent was to align the road properly. In response to Assemblymember Burt, Mayor Selby clarified that the fence would be moved to the property line and thereby eliminate the encroachment. VOTE ON MOTION TO AMEND Ayes: Noes: Absent: MOTION CARRIED VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED Regular Assembly Meeting November 2, 1995 None Stevens Unanimous TO ADOPT AS AMENDED D. ORDINANCES FOR INTRODUCTION Heinrichs, Johnson, McFarland, Burt, Hancock, Milligan Heinrichs, Johnson, McFarland, Burt, Hancock, Milligan None Stevens Unanimous 1. Ordinance No. 95 -16 Amending Title 2 ADMINISTRATION AND PERSONNEL Chapter 2.47 AIRPORT ADVISORY COMMITTEE Section 2.47.030 Powers and duties. Presented for consideration was Ordinance No. 95 -16 that, if adopted, amended Title 2 by including revisions recommended by the Kodiak Island Borough Airport Advisory Committee. This item was removed from the agenda. 2. Ordinance No. 95 -06 Rezoning Proposed Tract A, 8, and C, Alaska Tidelands Survey 1504, From C -- Conservation to NU-- Natural Use. (Generally Located in Anton Larsen Bay, Adjacent to the State Highway, Including the Boat Launch Ramp and Dock.) ORDINANCES FOR INTRODUCTION ORDINANCE NO. 95 -16 ORDINANCE NO. 95 -06 Volume XX Page 248 Presented for consideration was Ordinance No. 95 -06 that, if adopted, rezoned certain state of Alaska property surrounding the boat launch ramp and dock at Anton Larsen Bay from C- Conservation to NU- Natural Use zoning. This item was advanced to public hearing on November 21, 1995 under "Consent Agenda ". ORDINANCE NO. 95 -07 3. Ordinance No. 95 -07 Repealing Section 4.05.060 Election required in Chapter 4.05 FORMATION AND MODIFICATION OF SERVICE AREAS and Amending Section 4.10.010 Election Required in Chapter 4.10 SERVICES WITHIN SERVICE AREAS in Title 4 SERVICE AREAS. Presented for consideration was Ordinance No. 95 -07 that, if adopted, amended Kodiak Island Borough Code by abolishing the election requirements for alteration of a service district HANCOCK, moved to advance seconded by HEINRICHS Ordinance No. 95 -07 to public hearing on November 21, 1995 Mayor Selby explained that the cost of a special election was prohibitive and the requirement for an election to alter or abolish services in a service area exceeded state statute requirements. Assemblymember Burt did not want a special election but objected to taking powers away from the service district voters because checks and balances were eliminated. Mayor Selby said the public could go through the petition process to put any question on the ballot. Assemblymember Burt felt that was a long process when there was already a process in place. Mayor Selby said the options were equitable because residents could decide whether to have an election. He noted that currently an election was mandated even if residents did not want an election. Assemblymember Burt felt the Assembly was at odds with the needs of residents. He argued that the cost of placing the question on a regular election ballot was minimal. Assemblymember Johnson felt the ordinance was straight - forward and saved time, trouble and money. Regular Assembly Meeting November 2, 1995 ....one XX P.re 249 Assemblymember Hancock said residents were well - served when the Borough did not exceed the onerous expectations of the state. VOTE ON MOTION TO ADVANCE Ayes: McFarland, Burt, Hancock, Heinrichs, Johnson, Milligan Noes: None Absent: Stevens MOTION CARRIED Unanimous E. OTHER ITEMS None. INFORMATIONAL MATERIALS (No action required) A. B . MINUTES OF OTHER MEETINGS 1. Kodiak Island Hospital Advisory Board Meetings of July 12 and September 13, 1995. 2. Planning and Zoning Commission Regular Meeting of September 20 and Special Meeting of October 4, 1995. 3. Kodiak Island Borough School District Regular Meeting of September 25 and Special Meetings of October 2 and 16, 1995. REPORTS 1. Kodiak Island Borough October 1995 Financial Report. 2. Kodiak Island Borough School District September 1995 Financial Report. 3. Resource Management October 1995 Status Report. C. OTHER None. CITIZENS' COMMENTS Fred Nasg asked what was tentatively proposed for the landfill. He was previously involved and saw poor decisions made when the Borough hired a consultant to make decisions. He understood money was spent to prepare a new site that required additional funds and potentially higher user fees. He wanted the Borough Regular Assembly Meeting November 2, 1995 OTHER ITEMS INFORMATION MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS Volume XX Page 250 to review alternate ways to cut the cost of disposal and leachate collection. He felt the baler facility should be closed because operating costs were not acceptable and the need was to save the community money. ASSEMBLYMEMBER COMMENTS Assemblymember McFarland extended condolences to the families of Oscar Dyson and Jim Fisk. He felt it was a terrific blow to the community because both men donated time and effort and added color to the community. He appreciated all their efforts in helping to build a quality community. Assemblymember Burt took the comments of Mr. Nass to heart and hoped the Assembly would receive all information. Assemblymember Heinrichs agreed with the comments of Assemblymember McFarland. He felt Mr. Dyson and Mr. Fish represented color, ingenuity and the embodiment of the pioneer Alaskan spirit and there would be a vacuum in the community as a result of their deaths. Assemblymember Hancock reflected that Mr. Dyson was kind and courteous and epitomized the word "gentleman ". She could imagine Mr. Fisk in heaven in a truck making the roads wider. She felt both men gave much to the community and would be missed. She sent condolences to their families. Assemblymember Johnson was pleased that his new role as Assemblymember was not as frightening as he had anticipated. He felt the longer people live in a community the more people mean and when they were gone the loss was felt. Deputy Presiding Officer Milligan reflected that he witnessed another recent vehicle accident that included youth that were precious to the community. He welcomed Assemblymember Johnson to the Assembly. He appreciated Assemblymember Johnson's questions as an avenue to reeducate the public on the rules and process of the Assembly. Acting Presiding Officer Milligan announced the assembly would meet in a work session at 7:30 p.m. on Thursday, November 9 in the borough conference room and regular meeting at 7:30 p.m. in the assembly chambers. He announced that member of the assembly would attend the Alaska Municipal League Conference in Valdez November 13 through 17, 1995. Regular Assembly Meeting November 2, 1995 ASSEMBLYMEMBER COMMENTS Volume XX Page 251 BURT, moved to adjourn. seconded by McFARLAND VOTE ON MOTION TO ADJOURN MOTION CARRIED ATTEST: D✓sii na (E 1/ t Donna F. Smith, CMC Borough Clerk Approved: 11/21/95 Regular Assembly Meeting November 2, 1995 Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 9:23 p.m. Mi- ael R. M 1 ig D puty Presiding Officer ADJOURNMENT Volume XX Page 252