Loading...
2010-04-15 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting April 15, 2010 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, April 15, 2010, 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. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Borough Assembly members Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA BRANSON moved to approve the agenda as submitted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Mayor Selby presented the April Student of the Month award to Staci Sheffler, a junior at Kodiak High School. Manager Gifford presented the 2009 Employee of the Year award to Paul VanDyke, IT Supervisor in the Information Technology Department. Manager Gifford presented five -year Longevity Awards to Jessica Kilborn, Assistant Clerk in the Borough Clerk's Office; Sheila Smith, Secretary III in the Community Development Department; and Ken Smith, Project Manager /Inspector in the Engineering and Facilities Department; a ten - year Longevity Award to Art Kacalski, Baler Operator at the Landfill; and a fifteen -year Longevity Award to Duane Dvorak, Associate Planner in the Community Development Department. CITIZENS' COMMENTS Don Roberts spoke regarding Safe Routes to Schools federal program. Shawn Dochtermann requested a letter written to the Subcommittee on Insular Affairs, Oceans and Wildlife regarding the new Catch Shares Policy that was being developed. Lorna Arndt requested assistance to get a broken fire hydrant located in back of her house fixed. Hans Tschersich, Don Dunn, Jennifer Rowe, Daisy West, Ken Reinke, Mel Stephens, Sandra West, Bill Feda, Tanya Heitman, Ben Millstein, Dave Shockman, Marion Owen, Rhonda Maker, and Roxie Saucio spoke regarding the Solid Waste Collection Contract No. FY2010 -30. Kodiak Island Borough Assembly Minutes April 15, 2010 Page 781 Mel Stephens spoke against Ordinance No. FY2010 -07. Rhonda Maker supported Shawn Dochterman's request and spoke against Contract No. FY2010 -30. COMMITTEE REPORTS Assembly member Stutes reported that Providence Kodiak Island Counseling Center Advisory Council held a meeting on April 7, 2010. In September 2010 the Center would host a Hearing Voices Clinic. She announced that the month of May was Mental Health Month. Assembly member Branson announced that the month of May was Older Americans Month. She participated in the Providence Health System Service Area Board meeting where the plan for the new long -term care facility was presented. Assembly member Jeffrey reported on the Kodiak Fisheries Advisory Council activities. PUBLIC HEARING A. Ordinance No. FY2010 -08 Rezoning Lot 11A, U.S. Survey 3474 From C- Conservation To RNC -Rural Neighborhood Commercial. BRANSON moved to adopt Ordinance No. FY2010 -08. The applicants, Norman and Janice Botz, wished to reestablish the Roads End Bar and Restaurant in Chiniak. This former business was at one time a grandfathered (non- conforming) use in a residential district. KIBC17.140.050G Nonconforming uses of structures and land states that non - conforming uses that cease to exist for more than a year lose their grandfathered (non- conforming) status and "shall not thereafter be used except in conformance with the regulations of the district in which it is located ". The 2008 Comprehensive Plan identified this area of Chiniak, including the Botz parcel, for future Rural /Mixed Use Commercial /Residential use. The request for a rezone from C- Conservation to RNC —Rural Neighborhood Commercial was consistent with the comprehensive plan. Eighty -six public hearing notices were mailed out on April 2, 2010, and five responses were provided to the Assembly. Mayor Selby opened the public hearing. Seeing and hearing none, the public hearing was closed. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • The closure of the legislative session. • Kodiak 2010 Spring Clean -Up May 1; Household Hazardous Waste would be collected, and the landfill would be open for residential solid waste at no charge. Kodiak Island Borough Assembly Minutes April 15, 2010 Page 782 • First draft of the FY2011 borough budget would be presented to the Assembly at the April 29 work session. • Personal leave April 21, and attending AML /JIA meeting April 22 and 23. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby invited the community to participate in ComFish and welcomed the vendors. UNFINISHED BUSINESS A. Ordinance No. FY2010 -07 Amending the Kodiak Island Borough Code of Ordinances Title 8 Health and Safety by Repealing the Existing Chapter 8.25 Solid Waste Collection and Disposal and Reenacting a New Chapter 8.25 Solid Waste and Collection and Disposal Section 8.25.10 to Section 8.25.240. The existing Solid Waste Collection and Disposal code that reflected the solid waste collection contract and disposal requirements at the landfill was put in place in 1986. Staff determined the need to bring it into compliance with the modified solid waste collection contract and disposal requirements at the landfill and established policies and procedures to effectively provide enforcement. The old KIBC 8.25 was being repealed in its entirety and a new Chapter 8.25 was being enacted. Staff research and proposal considered the Alaska Statutes, codes from other municipalities, and expertise from an attorney specializing in solid waste. The Borough Attorney reviewed the ordinance for compliance. A substituted version of the ordinance was provided based on the changes suggested by the attorney. This item was postponed at the regular Assembly meeting of April 1, 2010. Manager Gifford summarized the discussion held by the Assembly at the work session of April 8, 2010, outlining the changes to the ordinance. BRANSON moved to amend Ordinance No. FY2010 -07, Line 501 from ". . service at its premises..." to ". . . service for its premises..." and Line 503 from ". . . determined by the manager, ..." to ". . . administered by the manager, ..." ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. FRIEND moved to postpone Ordinance No. FY2010 -07 to the next regular meeting. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FIVE TO TWO: Jeffrey, Kaplan, Lynch, Branson, and Friend (Ayes); Fulp and Stutes (Noes). B. Contract No. FY2010 -30 Solid Waste Collection Contract. In May 2009, the Borough issued a request for proposal (RFP) for solid waste and recycling collection services. This RFP was developed based on the Solid Waste Management Plan (SWMP) which was approved by the Assembly on August 21, 2008. Kodiak Island Borough Assembly Minutes April 15, 2010 Page 783 Two proposals were received. Borough staff selected the proposal submitted by Alaska Pacific Environmental Services, LLC dba Alaska Waste. Staff determined that the Alaska Waste proposal provided the most responsive approach to reach the Borough's solid waste goals as identified in the Solid Waste Management Plan and the Borough's Strategic Plan. Alaska Waste committed to adjust their service delivery as needed to accommodate future progressive steps toward the Borough's solid waste goals and needs. This item was initially postponed at the regular Assembly meeting of March 4, 2010, and then again at the regular Assembly meeting of April 1, 2010. Manager Gifford summarized the discussion held by the Assembly at the work session of April 8, 2010, and outlined the new Solid Waste Collection Contract summary. STUTES moved to postpone Contract No. FY2010 -30 to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Kaplan, Stutes, Friend, and Fulp (Ayes); Branson, Jeffrey, and Lynch (Noes). NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2010 -31 Opposing "An Initiative Creating an Alaska Anti - Corruption Act" Which Will Be on the Alaska Primary Election. BRANSON moved to adopt Resolution No. FY2010 -31. This resolution opposed the "Alaska Anti - Corruption Act" initiative that would be on the Alaska primary ballot for the Primary Election on August 24, 2010. The Borough believed that the affects of this initiative would be detrimental to its working relationship with the state legislature in the following ways: municipalities would not be able to hire lobbyists for capital projects or for help with Legislation; elected officials would not be able to travel to Juneau to talk with the legislature unless they paid for their travel and lodging with their own money; and municipalities would not be able to have any person lobby unless they were specifically invited by a Legislator. The Borough also believed that this initiative would infringe upon the citizen's right to communicate with their elected officials and prohibit exercising their Constitutional rights of free speech and the right to petition our government for redress. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. Ordinances for Introduction None. Kodiak Island Borough Assembly Minutes April 15, 2010 Page 784 Other Items None. CITIZENS' COMMENTS Marion Owen and Ken Reinke spoke regarding Contract No. FY2010 -30. Mel Stephens commented on the adoption of Ordinance No. FY2010 -07. ASSEMBLY MEMBER COMMENTS Assembly members congratulated the Employee of the Year, Longevity, and Student of the Month Award recipients, and encouraged the community to participate at ComFish and with the upcoming Spring Clean -up. Assembly member Stutes, Branson, and Lynch thanked Don Roberts for the information about Safe Routes for Schools. Assembly member Branson also requested that the fireworks issue be placed on the next work session agenda. Assembly member Fulp thanked Westward Seafoods for the plant manager reception. Assembly member Jeffrey announced the upcoming WhaleFest event. Announcements Mayor Selby announced that the next Assembly work session would be held on Thursday, April 29, 2010, at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, May 6, 2010, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. The meeting adjourned at 9:40 p.m. ATTEST: Nova M. Javier, MMC, o ough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Mayor Approved: June 3, 2010 Kodiak Island Borough Assembly Minutes April 15, 2010 Page 785