Loading...
2007-11-01 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting November 1, 2007 A regular meeting of the Kodiak Island Borough Assembly was held November 1, 2007 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 Captain John Quinn of the Salvation Army. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louis Stutes. Staff members present were Manager Rick Gifford, E &F Director Woody Koning, Deputy Clerk Marylynn McFarland and Assistant Clerk Jessica Kepley. Rise to a question of privilege was called. Jeffrey had no objection. Abell questioned why Jeffrey's lawyer would be teleconferencing. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda, seconded by FRIEND. ABELL moved to switch the order of items 13.E.2 and 13.E.3 on the agenda, seconded by OSWALT. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA FAILED FOUR TO THREE: Branson, Friend, Jeffrey, and Lynch (Nays), Oswalt, Stutes, and Abell (Ayes). ABELL moved to suspend the rules to take action on the Other Items 13.E.2 and 13.E.3 before the public hearing item on the agenda, seconded by OSWALT. ROLL CALL VOTE ON MOTION TO SUSPEND THE RULES FAILED FOUR TO THREE: Friend, Jeffrey, Lynch, and Branson (Nays) Oswalt, Stutes, and Abell (Ayes). VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA CARRIED UNANIMOUSLY. APPROVAL OF MINUTES — None. AWARDS AND PRESENTATIONS — None. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Cecil Ranney spoke against removing Assembly member Jeffrey from the Assembly seat. He raised the issue of past and present Assembly members receiving stipends for meetings whether they were held or cancelled and asked that this situation be investigated. Don Fox not in support of the Assembly vacating Assembly member Jeffrey's seat. He spoke against removing an Assembly member against the advice of the attorney, especially where absences had been excused by the assembly. Kodiak Island Borough Assembly Minutes November 1, 2007 Page 475 John Miller spoke in favor of the KIB Comp Plan. He feels that if the Borough policy regarding Assembly attendance is not clear and unclean, the Assembly should focus on making those changes and move on to more important matters. He spoke against the teleconferencing ordinance. Oliver Holm was not in favor of removing Assembly member Jeffrey from her seat and recommended the Assembly clear up the code identifying what cancelled meetings vs. scheduled meetings are. Kate Ballinger questioned the Assembly receiving compensation for meetings that they did not attend, either cancelled or otherwise. She was not in support of the teleconferencing ordinance. Geneneiva Pearson spoke against removing Assembly member Jeffrey from her seat, stating she is the one Assembly member that represents the Kodiak fishing community. Susan Payne spoke regarding the North Star traffic study. She is concerned that there has been no forward movement on finalizing the project. She would like the Borough to begin an investigation on the flow of traffic around the North Star school. Mel Stephens spoke in favor of vacating Assembly member Jeffrey's seat, stating it was a matter of procedure set by the Borough Code which he urged the Assembly to uphold. COMMITTEE REPORTS Alaska Corp of Engineers: Scott McCain, provided a progress report and update on defense sites on the island. He informed the Assembly that over 100,000 tons of contaminated soil debris has been removed, with more still to be removed. They are preparing for next summer to remove additional debris and contaminated soil. He stated that an Airport Staging Area study is currently being held and they hope to complete it March 2008. He invited everyone to attend the upcoming ACOE open house at Safeway. PUBLIC HEARING A. Ordinance No. FY2008 -07 Establishing Rules for the Use of Motorized Watercraft on Designated Lakes. The motion before the Assembly is to adopt Ordinance No. FY2008 -07. BRANSON moved to amend Ordinance No. FY2008 -07 by substitution Option A, seconded by ABELL. Mayor Selby opened the public hearing. Mike Sirofchuck spoke as chairman of P &R Committee and reported that the committee was in favor of a voted to pass an Ordinance that reflected the rules of the lake as suggested by the Task Force made up by motorized and non motorized lake users and supporters. Mr. Sirofchuck also spoke as a community member spoke in support of Ordinance 2008 -07A. The following commented on Ordinance No. FY2008 -07: Lorna Arndt, Ed Coe, Elizabeth Cidel, Nathan Faber, Joyce Fried, Ron Fried, Steve Hall, Todd Hiner, Danny Stihl, Barbara Williams, Mike Williams, Isa Stihl Wirz, Nick Zsabo, and Pat Zsabo. Kodiak Island Borough Assembly Minutes November 1, 2007 Page 476 Mayor Selby read letter from Ellen and William Ross. Supporting Tues, Thurs, Sat, 12 p.m. — 7 p.m., no wake zone 100ft. Mayor Selby closed the public hearing. ABELL moved to amend Ordinance No. FY2008 -07 (pg 3 of 3) — clarifying the ordinance would be referred to P &R for its first annual review in the Fall 2008 and then only by Assembly request, seconded by STUTES. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, Friend, and Jeffrey. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED SIX TO ONE: Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson (Ayes); Friend (No). FRIEND moved to amend the hours of lake usage to 12 p.m. to 9 p.m., seconded by LYNCH. ROLL CALL VOTE ON MOTION TO AMEND FAILED FOUR TO THREE: Stutes, Abell, Branson, and Oswalt (Nays); Friend, Jeffrey, and Lynch (Ayes) BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Four bids were received for the Community Health Clinic project. All bids were higher than the Engineer's estimate. • KMS Seismic Phase I — due to be completed Nov 2. • Fuel tank removal — ADEC has given clearance — excavating of the contaminated soil is now taking place. • New Pool bids — there has been an extension of the bid closing. • KMS Seismic Phase 2 — will go out to bid 2008. • Grant writer interviews are finished. • Next hiring is for the Maintenance Coordinator. • KIBSD staff will be visiting Anchorage schools to help determine a Master plan for Kodiak — EF Director Woody Koning and Assembly member Tom Abell are requested to attend. Dates will be November 5 and 6. • Manager will be attending the AML conference. Mayor Selby asked for a status update on the Otmeloi State road project. Manager Gifford said that the Borough is close to bringing the State agreement to the Assembly. Changes have been made. There is no confirmation from DOT of federal dollars. Once received, staff will proceed with a traffic study. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby attended the AMUJIA conference and reported on AML /JIA pool investment policies. UNFINISHED BUSINESS A. Reconsideration of Contract No. FY2008 -14 Household Hazardous Waste Building Project. Kodiak Island Borough Assembly Minutes November 1, 2007 Page 477 ABELL moved to reconsider the vote taken on Contract No. FY2008 -14, seconded by JEFFREY. Assembly member Lynch declared a conflict of interest as she is the inspector on the building. The conflict of interest was recognized by Mayor Selby. ROLL CALL VOTE ON MOTION TO RECONSIDER FAILED, FOUR TO TWO: Abell, Branson, Friend, and Jeffrey (Nays); Oswalt and Stutes (Ayes). NEW BUSINESS A. Reorganization of the Kodiak Island Borough Assembly. 1. Election of Deputy Presiding Officer Mayor Selby opened the nominations. OSWALT moved to nominate Assembly member Abell as deputy presiding officer. (Seconded was not required.) FRIEND moved to cast a unanimous ballot for Assembly member Abell as Deputy Presiding Officer, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. B. CONTRACTS — None. C. RESOLUTIONS 1. Resolution No. FY 2008 -11 Authorizing the Approval of Lease for the Storage of Bayside Fire Station's Engine 11 with Ralph Bors. BRANSON moved to adopt Resolution No. FY2008 -11, seconded by FRIEND. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. D. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2008 -10 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island Comprehensive Plan Update. FRIEND moved to adopt Ordinance No. FY2008 -10 in first reading to advance to public hearing on December 6, 2007, seconded by BRANSON. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. E. OTHER ITEMS. 1. Recommendation for Appointment to Board Seats on the Providence Health System Kodiak Island Service Area Community Board. Kodiak Island Borough Assembly Minutes November 1, 2007 Page 478 BRANSON moved to recommend the appointment of Carol Juergens, MD and Ken Knowles to the Providence Kodiak Service Area Community Board, seconded by FRIEND. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. 2. Executive Session - Attorney's Opinion Regarding Assembly Member Attendance. BRANSON moved to convene into executive session to discuss Attorney's opinion regarding Assembly Member Attendance which qualifies for executive session under potential or pending litigation and confidential attorney - client communications, seconded by LYNCH. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED, FIVE TO TWO: Jeffrey, Lynch, Oswalt, Branson, and Friend (Ayes); Stutes and Abell (Nays). Assembly member Oswalt changed his vote against convening into the executive session. MOTION CARRIED, FOUR TO THREE: Jeffrey, Lynch, Branson, and Friend (Ayes), Oswalt, Stutes, and Abell (Nays). The Assembly convened into executive session at 9:55 p.m., and reconvened the regular meeting at 10:40 p.m. 3. Declaring Assembly Member Sue Jeffrey's Seat Vacant. ABELL moved to declare Assembly Member Sue Jeffrey's Seat Vacant, seconded by FRIEND. BRANSON moved to postpone the motion to December 6, 2007, seconded by STUTES. ROLL CALL VOTE TO POSTPONE CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, Friend, and Jeffrey. CITIZENS' COMMENTS — None. ASSEMBLY MEMBER COMMENTS Assembly Member Lynch had no comments. Assembly Member Oswalt reported the KHS swim team is doing well. Assembly Member Jeffrey had no comments. Assembly Member Branson had no comment. Assembly Member Abell would like to get a status update on the North Star traffic study. Recommended that staff to do more research and come back to the Assembly. He addressed his actions to request the declaring of Assembly member Jeffrey's seat, explaining that he worked with Deputy Clerk McFarland to make sure that proper procedure was followed and all Assembly members were included. Assembly Member Friend was glad to see the passage of Ordinance No. FY2008 -07. Kodiak Island Borough Assembly Minutes November 1, 2007 Page 479 Assembly Member Stutes was glad to see the North Star study is being addressed. She mentioned the emails received from Maureen Butler, stating she would like to see uniformity on the garbage rates. Announcements — Mayor Selby. The Borough Clerk's Office will be closed on November 5 -7 for training. The Mayor and Assembly Members will be attending the Newly Elected Officials /Alaska Municipal League Conference in Fairbanks, November 7 -9. The work session scheduled for November 8 has been rescheduled to Tuesday, November 13, 2007 at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, November 15, 2007 at 7:30 p.m. in the Borough Assembly Chambers. KIB offices will be closed for Veterans Day Monday, November 12. ADJOURNMENT BRANSON moved to adjourn the meeting, seconded by JEFFREY. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Friend, Jeffrey, and Lynch The meeting adjourned at 10.45 p.m. ATTEST: Nova M. Javier, CMC, Borough Cle KODIAK ISLAND BOROUGH e M. Selby, May Approved: December 20, 2007 Kodiak Island Borough Assembly Minutes November 1, 2007 Page 480