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2009-11-05 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting November 5, 2009 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, November 5, 2009 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, Assembly members Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of September 3 and October 15, 2009, and Special Meeting Minutes of October 22, 2009 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented Student of the Month Awards for the month of November 2009 to Nicholas Hoffman, senior at Kodiak High School /KIBSD Learning Center /Correspondence Study and Justin Anderson, senior at Ouzinkie High School. CITIZENS' COMMENTS None. COMMITTEE REPORTS Don Rush, Providence Kodiak Island Medical Center Director expressed appreciation to the Borough for its support and gave an update on the following issues: the new Community Health Center, H1 N1 Flu epidemic and its effects on the community, upcoming replacements and renovations to the hospital, the addition of a new Electronic Intensive Care Unit program, and the results of the hospital's quarterly report. Assembly member Jeffrey announced that the next Kodiak Fisheries Advisory Council (KFAC) meeting would be held Thursday, November 12 at 9 a.m., at the Kodiak College. Mayor Selby reported that the Emergency Services Council had met to discuss the H1N1 Flu epidemic and noted that due to the epidemic, the School District was experiencing a high volume of absenteeism. Kodiak Island Borough Assembly Minutes November 5, 2009 Page 735 PUBLIC HEARING A. Resolution No. FY2010 -18 Approving Submission of an Application to the State of Alaska Community Development Block Grant (CDBG) Program to Obtain Funding for the Planning of the Replacement of the Long Term Care Facility in Kodiak. BRANSON moved to adopt Resolution No. FY2010 -18. The Kodiak Island Borough was applying for a grant from the State of Alaska, Department of Commerce Community and Economic Development under the Community Development Block Grant Program (CDBG). The CDBG Program funds up to $850,000 for community development activities which benefit low and moderate income persons in the community. Staff proposed to obtain funds for the planning phase for the replacement of Kodiak's long term care facility. A public hearing was held in connection with the grant application in order to provide the community with the opportunity to voice support for the proposed project or to propose an alternative community interest project that would be eligible for CDBG funding. Mayor Selby opened the public hearing. The following was explained during the public hearing: • Manager Gifford explained what the CDBG program was and explained that CDBG funds could be used for community development projects, planning projects or special economic development projects. It was asked if there were any questions on the types of projects that CDBG funds could be used for. • Manager Gifford gave an example of a proposed project that was currently needed in the community and was required to tell what it was and why it should be chosen for the FY 09 CDBG proposed project. • Mayor Selby called for alternative proposals. Margaret Hall, Margaret Roberts, Jimmy Nq, and Nursing Home Administrator Judy Fine spoke in support of Resolution No. FY2010 -18. Don Rush, Providence Kodiak Island Medical Center (PKIMC) Director spoke in support of Resolution No. FY2010 -18, and stated that the goal was to get the project completed without burdening the community with an increase of taxes. Mayor Selby closed the public hearing. 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 new True Automation (Assessment) software issues dealing with the property tax billings were being addressed and were hoped to be resolved for the next year. • The Borough was looking for interested parties to provide local pictures for the Borough to use for its various publications. Photos could be uploaded to the Borough website and credit would be given to the photographers who allowed the Borough use of their photos. • Proposed Exxon Valdez Oil Spill (EVOS) funding for the new Near Island /Alaska Department of Fish and Game (ADF &G) research facility was not presently on the EVOS Trustee Council November 18 agenda because further information had been requested to help justify the funding request from the Department of Justice. The Borough is working with the ADF &G to provide the requested additional information. The Trustee Kodiak Island Borough Assembly Minutes November 5, 2009 Page 736 Council would meet in January and the additional information would be provided at that time. • Regarding the Solid Waste Collections contract, a Notice of Intent to Award was provided to Alaska Waste. The Code revision review was close to being completed and staff was still in the negotiation process. • Emergency Services Council met regarding the impact of the H1 N1 epidemic. Manager Gifford stated that the State intended to distribute additional educational information to inform the public on the guidelines of when to go to the doctor and what should be done if symptoms were present. • Manager Gifford would be out of the office the week of November 15 to attend the Alaska Municipal League annual conferences and meetings. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported that the Fisheries and Oceanic Research Board was working on organizing its goals and objectives and at the next meeting. Mayor Selby urged everyone to take a moment to be Thanksgiving holiday. UNFINISHED BUSINESS None. NEW BUSINESS A. Reorganization of the Kodiak Island Borough Assembly. 1. Election of Deputy Presiding Officer. Contracts None. Board met on November 2. The anticipated these to be finalized thankful during the upcoming FRIEND moved to nominate Assembly member Branson as Deputy Presiding Officer. STUTES moved to close nominations. VOICE VOTE ON MOTION TO CLOSE NOMINATIONS CARRIED UNANIMOUSLY. Mayor Selby closed the nominations and announced that Assembly member Branson won the vote by acclamation. Resolutions 1. Resolution No. FY2010 -13 Deactivating Kodiak Island Borough Clerk's Office as a Passport Acceptance Facility. KAPLAN moved to adopt Resolution No. FY2010 -13. In 1998, Resolution No. 1998 -23 was adopted designating the Borough Clerk's Office as a Passport Acceptance Facility (PAF) to take over the relinquished services of the Alaska State District Court, and the Borough provided this service for more than 10 years. In 2007, the Kodiak Post Office was also designated as a PAF. Due to recent changes to the processing requirements and a reduction of compensation for acceptance facilities, it was determined that it was less cost - effective for the Borough to continue providing the service. With the existence of another PAF in the community, the Clerk's Office requested that Resolution No. 1998 -23 be Kodiak Island Borough Assembly Minutes November 5, 2009 Page 737 rescinded and that the Kodiak Island Borough Passport Acceptance Facility be deactivated and services be discontinued effective December 5, 2009. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. 2. Resolution No. FY2010 -14 Urging the Alaska Energy Authority and Alaska State Legislature to Award Grant Funding for Kodiak Electric Association's Terror Lake Unit 3 Hydroelectric Project. JEFFREY moved to adopt Resolution No. FY2010 -14. The Terror Lake Unit 3 Hydroelectric Project was a technically and economically feasible project that Kodiak Electric Association, Inc. (KEA) was able to complete and operate for the long -term benefit of the Kodiak community. Expanding the capacity of the Terror Lake Hydroelectric Facility would provide electrical grid stability needed for additional renewable energy resources that could be developed. KEA submitted a grant application to the Alaska Energy Authority for Renewable Energy Funds to install an additional hydroelectric turbine at the Terror Lake Hydroelectric Facility and hoped to include the Resolution as documentation of community support for the project in the grant application. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. 3. Resolution No. FY2010 -15 Adopting a Federal Capital Improvement Projects (CIP) Priority List for the Federal Fiscal Year 2011. JEFFREY moved to adopt Resolution No. FY2010 -15. The resolution designated the Borough's top six federal capital improvement project priorities for federal fiscal year 2011. These were projects that the Borough forwarded to its congressional delegation in hopes of having the federal government provide part or all of the funding needed to complete the projects. Manager Gifford outlined the projects that were included on the CIP list. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. 4. Resolution No. FY2010 -16 Urging the North Pacific Fishery Management Council (NPFMC) to Retain the Intent of the Current Inshore /Offshore Regulations in Gulf of Alaska Quota Allocation Decisions. KAPLAN moved to adopt Resolution No. FY2010 -16. The resolution was requested by Mayor Selby which would resolve the following: • The Borough urged that the NPFMC should set policy to preserve present participation of coastal fishing communities by regulating inshore and offshore floater processors as they were being regulated. • The Borough endorsed the "no mothership" processing option in the Central Gulf Of Alaska (GOA) for all federal groundfish species and a 1% cod cap in Western GOA. • The Borough endorsed the provision for a stationary floating processer to operate in up to three geographical locations inside city municipal boundaries for the CQE Kodiak Island Borough Assembly Minutes November 5, 2009 Page 738 communities listed in the motion with an annual quota cap per processor on total volume processed. • That any change of allocation away from inshore processing was to be subjected to extensive analysis of economic impact to the onshore communities prior to adoption to assure that there was no negative impact to coastal communities. Mayor Selby provided additional information on reasons for generating the resolution. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. 5. Resolution No. FY2010 -17 Authorizing the Submission of a Grant Application to the Alaska Energy Authority Renewable Energy Fund Grant Recommendation Program, Round III for a Resource Assessment and Feasibility Study for the use of Renewable Energy Resources in the Kodiak High School. BRANSON moved to adopt Resolution No. FY2010 -17. The resolution provided approval for the submission of an application to the Alaska Energy Authority Renewable Energy Fund Grant Program, Round III. The grant program was a competitive program for the purpose of recommending grants for renewable energy projects to be funded by the Alaska State Legislature. The intent in applying for the grant was to obtain funding to explore the feasibility of employing alternative energy use in the Kodiak High School within the high school renovation and expansion project approved by voters during the October 6, 2009 election. STUTES moved to amend Resolution No. FY2010 -17 with the corrected version. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. Ordinances for Introduction None. Other Items Mayor Selby recessed the regular meeting and convened the Board of Adjustment at 8:50 p.m. 1. BOARD OF ADJUSTMENT An Appeal of the Planning and Zoning Commission's decision (Case No. 09 -022) to deny a variance to allow an existing 24 by 24 foot two -story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One Zoning District. (Appellant: Stephen Schrof) Mayor Selby announced that 29 appeal hearing notices were mailed. Three written comments were returned and provided to the Board of Adjustment. Mayor Selby announced that the Board of Adjustment would decide the appeal upon the appeal record and the written and oral argument presented on the appeal. At the hearing before the Kodiak Island Borough Assembly Minutes November 5, 2009 Page 739 Board of Adjustment, only persons who had submitted written argument on the appeal, testified before the Commission, or submitted written comments to the Commission were allowed to give oral argument. He outlined the order of the oral argument and announced that rebuttal would be limited to new evidence and testimony brought forward during private persons' comments. Mayor Selby also noted that failure to observe the above procedures in the hearing would not affect the validity of the decision as long as the appellant had a reasonable opportunity to be heard. Mayor Selby announced that the following persons would be allowed to present oral argument on the appeal: Persons who had submitted written argument on the appeal: Cheryl McNeil Neil Moomey Carrie Worton Testified before the Commission: Mickey Crawford Submitted written comments to the Commission: Mickey Crawford The order of oral argument was as follows: 1. Borough staff represented by Community Development Department Associate Planner Duane Dvorak and Planning and Zoning Commissioner Casey Janz. Community Development Department (CDD) Associate Planner Dvorak gave a brief overview of the case and stated it was staffs recommendation to approve the appellant's variance based on ample justification in the lot configuration, topography, and past code applications. At the Planning and Zoning Commission meeting of August 19, 2009, an adjacent property owner brought forth storage and property boundary issues and the motion to approve the variance was failed by the Commission. The Findings of Fact were postponed and item three of the Findings was amended; per Borough code all three standards needed to be met in order to grant the variance. Planning and Zoning Commissioner Casey Janz stated it was important to address the concerns of the adjoining property owner Ms. Mickey Crawford; therefore, she voted against the granting of the variance at the hearing. Assembly member Fulp questioned if anything had been grandfathered -in for the variance. Commissioner Janz stated that there were grandfather clauses within the variance; however, the concerns of Ms. Crawford were not in regards to the variance but that of storage of equipment within the boundaries of her property. Assembly member Stutes inquired if the storing of items encroaching onto Ms. Crawford's property had been verified by the Commission. Commissioner Janz stated that there had not been an opportunity to verify the encroaching items prior to the Commission hearing when these concerns were brought forth to the Commission and the option to postpone the vote until the items could be investigated was unacceptable. Assembly member Fulp asked for elaboration on the grandfather clause from CDD Associate Planner Dvorak. Mr. Dvorak gave further information on the setbacks, shape, and size of the Kodiak Island Borough Assembly Minutes November 5, 2009 Page 740 property. By researching the history of the original house and the original ordinance that was in place at the time of issuance of the original building permit, staff recognized the designations and setbacks as the grandfather rights of the existing structure. Mr. Dvorak recommended that the variance of the existing property and the new proposed addition be granted together so that it all came together under one variance. 2. Appellant: 10 minutes - (Stephen Schrof) Mr. Stephen Schrof referred to the Planning and Zoning Commission meeting minutes of August 19, 2009, page 2 of 4, and stated that the proposed postponement was not to determine if personal property was being stored on Ms. Crawford's adjoining property but that Ms. Crawford wanted Mr. Schrof to pay for the re- surveying of the lot boundaries. Mr. Schrof referred to an email from Ms. Crawford stating that she was unsure of where the property lines existed. Mr. Schrof stated that photos were included in his original packet which addressed the concerns of the storage of equipment on the adjoining neighbor's property line, showing that there was no encroachment of personal property on his neighbor's property. Mr. Schrof read appeal letter into the record. 3. Private person supporting the appeal: 10 minutes None. 4. Private person opposing the appeal: 10 minutes None. 5. Appellant, for rebuttal: 10 minutes - (Stephen Schrof) Mayor Selby ruled to waive the rebuttal portion of the hearing since no new evidence was provided by either supporting or opposing sides. Assembly member Fulp asked what hardships would exist if the addition were to be developed in another way. Mr. Schrof described the existing features of his property. Due to sloping issues, additional materials would be necessary and there would be substantial costs to excavate and stabilize the land. It would also be necessary to reroute the driveway in order to access the addition. Assembly members Branson, Friend, Lynch, and Stutes spoke in agreement with CDD staff recommendations on the case. Mayor Selby announced that the Findings of Fact were to be based on the discussion and asked that staff give clear direction on the Findings of Fact. Per KIBC, the Board of Adjustment would either affirm or reverse the decision of the Commission in whole or in part. If the Board of Adjustment failed to approve the reversal of the Commission's decision, the decision would be considered affirmed. JEFFREY moved to Reverse in Whole the Planning and Zoning Commission's decision to deny a variance to allow an existing 24 by 24 foot two -story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One Zoning District. (Appellant: Stephen Schrof). ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Kodiak Island Borough Assembly Minutes November 5, 2009 Page 741 BRANSON moved to postpone the Findings -of -Fact of the Board of Adjustment on the Planning and Zoning Commission's decision to deny a variance to allow an existing 24 by 24 foot two - story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One Zoning District to the next regular meeting of the Assembly. (Appellant: Stephen Schrof) ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. FRIEND moved to adopt the Findings -of -Fact as stated by Community Development Department staff report of August 19, 2009, on Case 09 -022. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. Mayor Selby reconvened the regular meeting at 9:40 p.m. LYNCH moved to refund the appellant the fee associated with the appeal hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. 2. Approval of the Kodiak Island Borough Assembly 2010 Meeting Schedule. This was approved under the consent agenda. It was the Assembly's duty to approve the meeting schedule for the upcoming year. The recommended meeting schedule was created based on KIBC 2.30.030 and the January 2010 schedule which was approved by the Assembly at its regular meeting of November 6, 2008. 3. Declaring a Seat on the Solid Waste Advisory Board Vacant. BRANSON moved to accept, with regret, the resignation of Mr. Barry Altenhof for a term to expire December 2011 from the Solid Waste Advisory Board (SWAB) effective November 19, 2009 and directed the Borough Clerk to advertise the vacancy per Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. 4. Mayoral Appointments of Assembly Representatives to Boards and Committees. FRIEND moved to confirm the Mayoral appointments of Assembly member representatives to Boards, Committees, Commissions, and Councils as follows: Architectural Review Board Joint Building Code Review Committee Kodiak College Council Kodiak Fisheries Advisory Committee Parks and Recreation Committee Providence Health System Service Area Board Providence Kodiak Island Counseling Kodiak Island Borough Assembly Minutes Page 742 November 5, 2009 Jerrol Friend Jerrol Friend Judy Fulp Sue Jeffrey Dave Kaplan Pat Branson Center Advisory Council School District Budget Advisory Committee School District Facilities Review Committee School District Strategic Planning Committee Solid Waste Advisory Board CITIZENS' COMMENTS Stephen Taufen thanked the Assembly for Resolution No. FY2010 -16. Stephen Schrof thanked the Assembly for its time on the appeal. Louise Stutes Dave Kaplan Chris Lynch Sue Jeffrey Chris Lynch ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. ASSEMBLY MEMBER COMMENTS Assembly members congratulated the Students of the Month for November. Assembly member Lynch commended PKIMC for its efforts for the community and expressed appreciation to Mr. Altenhof for his service on the SWAB. Assembly member Stutes expressed appreciation for Mr. Rush's presentation to the Assembly and reported that PKIMC was also pursuing a hospice program. Assembly member Stutes asked Manager Gifford if the final Solid Waste Collection contract would come before the Assembly for approval and Manager Gifford responded that it would. Assembly member Friend thanked the Planning and Zoning Commission and staff for their effort on the appeal and wished everyone a Happy Thanksgiving. Assembly member Jeffrey expressed appreciation to be able to support several items on the agenda that will improve conditions for the community in the Tong -term and expressed an interest in current fisheries issues and challenges facing the industry. Assembly member Fulp spoke against hiring a Kodiak representative to the North Pacific Fishery Management Council. She congratulated Ms. Janet Buckingham for making the Alaska Tourism Industry Board, and wished everyone a Happy Thanksgiving. Assembly member Branson thanked the Assembly for electing her as Deputy Presiding Officer and wished everyone a Happy Thanksgiving. Announcements Mayor Selby announced that the Borough offices would be closed on Wednesday, November 11, 2009, in observance of the Veterans Day holiday. The Assembly work session scheduled for Thursday, November 12, 2009 and the regular meeting scheduled for Thursday, November 19, 2009 had been cancelled. The Borough Clerk's Office would be closed November 16, 17, and 18 and would reopen for business on Thursday, November 19 at 8 a.m. The Mayor and members of the Assembly would be traveling to Anchorage November 17 -21 to attend the Alaska Municipal League Conference. Kodiak Island Borough Assembly Minutes November 5, 2009 Page 743 The Borough offices would be closed Thursday, November 26 and Friday, November 27, in observance of the Thanksgiving holiday. The next Assembly work session would be held on Tuesday, December 1, 2009 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, December 3, 2009 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. The meeting adjourned at 9:50 p.m. ATTEST: Nova M. Javier, C Borough Clerk Kodiak Island Borough Assembly Minutes Page 744 November 5, 2009 KODIAK ISLAND BOROUGH me M. Selby, Mayor Approved: C a. 3, 2