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2002-08-01 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held August 1, 2002 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 Davis of the Salvation Army, followed by the Pledge of Allegiance. There were present: ROLL CALL Mayor: Gabrielle LeDoux Assemblymembers: Tom Abell Tuck Bonney Pat Branson comprising a quorum of the Assembly; and BRANSON, seconded by RAZO RAZO, seconded by BONNEY MOTION CARRIED APPROVAL OF MINUTES None. Regular Assembly Meeting August 1, 2002 KODIAK ISLAND BOROUGH Regular Assembly Meeting August 1, 2002 Pat Carlson, Manager Nova Javier, Deputy Clerk Laura Casey, Assistant Clerk VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF AGENDA VOTE ON MOTION TO APPROVE AS AMENDED Greg Razo Darlene Turner moved to excuse Assemblymembers Heinrichs and Stevens. Unanimous voice vote TURNER, moved to approve the seconded by BRANSON agenda. moved to amend the agenda by adding Item No. 13.D.1 Dr. Gary Carver, Womens Bay Community Council Report. Unanimous voice vote REGULAR MEETING APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XXVII Page 229 AWARDS AND PRESENTATIONS None. CITIZENS COMMENTS Doug Letch thanked the Assembly for supporting the Kodiak Football League. He noted this would be the first year for high school football. He invited everyone to attend the first home game on August 24. COMMITTEE REPORTS Assembly Razo attended the Alaska Municipal League (AML) Conference in Bethel where the legislative platform for the next fiscal year was reviewed. He said Kodiak had a good reputation among participants for active involvement with AML. Assemblymember Bonney considered the negative "letter to the editor" in the Daily Mirror regarding the ATV Committee to be false accusations. He strongly felt the Committee was unbiased about ATV issues in Kodiak. He would give a full report at the next meeting. Assemblymember Turner attended the Providence Kodiak Island Mental Health Center Advisory Board meeting. She noted the center was fully staffed. A budget report would be provided at the next regular Assembly meeting. Assemblymember Branson reported that Jerome Selby would continue as the Providence Kodiak Island Medical Center administrator until a qualified person was hired. PUBLIC HEARING A. Ordinance No. 2002 -12 Amending Kodiak Island Borough Code of Ordinances Title 7 Elections Chapter 7.30 Procedures for Conduct of Elections Section 7.30.030 Ballots - -Form and Amending Chapter 7.40 Canvassing and Certification of Election Returns by Adding Section 7.40.025 Simple Majority - -Votes Required for Election to Office. BRANSON, moved to adopt seconded by TURNER Ordinance No. 2002 -12. Deputy Clerk Javier said this removed the need to print ballot numbers on ballots and thereby protect voter privacy. This also eliminated the requirement for run -off elections by providing that all borough offices are filled by the candidate receiving the greatest number of votes. Mayor LeDoux called for public testimony; hearing and seeing none, she reconvened the regular meeting. Regular Assembly Meeting August 1, 2002 AWARDS AND PRESENTATIONS CITIZENS COMMENTS COMMITTEE REPORTS PUBLIC HEARING ORDINANCE NO. 2002 -12 Volume XXVII Page 230 Assemblymember Razo commended Clerk Nielsen for her diligence in ensuring that the Borough Code comply with Alaska Statutes. VOTE ON MOTION TO ADOPT Ayes: Abell, Bonney, Branson, Razo, Turner Noes: None Absent: Heinrichs, Stevens MOTION CARRIED: Unanimous BOROUGH MANAGER'S REPORT Manager Carlson said Senator Ted Stevens acquired $77 million for economic development for fishing communities including Kodiak and the outlying cities. The funding would help with fiber optic access, a fisheries annex building, and a number of other components of Kodiak's existing economic development. He reported that the Kodiak Football League would use the field across from the Kodiak Area Native Association building. He thanked the City of Kodiak for their help in preparing the field. He said the high school carpeting project should be completed next week. The school gym floors refinish projects would begin next week. The hospital roof was repaired and the high school science lab roof repair was started. The East Elementary School exterior painting was complete. He said the Department of Labor granted Safeway their request for a contract for its stores that do not operate a postal service. He noted that the Kodiak Safeway post office would remain open and he was working with Senator Stevens' office to clarify a report regarding Federal Aviation Administration priority funding for the airport. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux also attended the AML Conference in Bethel and participated in the legislative platform discussion. She was excited about the Kodiak Football League activities. She thanked Assemblymember Bonney for spear heading the ATV Committee. UNFINISHED BUSINESS None. Regular Assembly Meeting August 1, 2002 BOROUGH MANAGER'S REPORT UNFINISHED BUSINESS Volume XXVII Page 231 NEW BUSINESS NEW BUSINESS A. CONTRACTS None. B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2002 -10A Amending 2003 Fiscal Year Budget to Reflect Amendments. TURNER, seconded by BRANSON moved to adopt Ordinance No. 2002 -10A to advance to public hearing on August 15, 2002. Manager Carlson said significant increases in property and workmen's compensation insurance costs affected the fund balance. Two federal PILT payments for FY03 were received in June instead of October and a matching grant for the Chiniak School /Tsunami Center /Water Level and Equipments was received which also affected the budget. VOTE ON MOTION TO ADVANCE Ayes: Bonney, Branson, Razo, Turner, Abell Noes: None Absent: Heinrichs, Stevens MOTION CARRIED: Unanimous D. OTHER ITEMS 1. Womens Bay Community Council Dr. Gary Carver thanked the Assembly and asked them to consider the attorney's letter, to rescind the zoning compliance permits granted to allow the soil remediation facility, and to review the staff determination of similar use that was used for the basis of the permit. He noted their intent to appeal the decision. He asked for a moratorium in the Womens Bay area for any new uses as of August 1 so the Community Council could review any modifications in their area. He asked for efforts to find an alternative site suitable for soil remediation. He wanted the soil remediation application processed through the special permit process and the propane tanks on the property removed until a special permit was granted. Regular Assembly Meeting August 1, 2002 CONTRACTS RESOLUTIONS ORDINANCES FOR INTRODUCTION ORDINANCE NO. 2002 -10A OTHER ITEMS WOMENS BAY COMMUNITY COUNCIL Volume XXVII Page 232 Assemblymember Razo said the Assembly should meet with the Borough attorney to review the letter from the Womens Bay Community Council's attorney. Assemblymember Turner agreed with Assemblymember Razo in that the Assembly wanted to review the issue for resolution in the community and not in court. Assemblymember Abell asked Manager Carlson to clarify the process as he was concerned that the Assembly had been exposed to too much information in the event they sat as the Board of Adjustment. Manager Carlson said a base challenge to the administrative decision of the Board of Adjustment, as a quasi - judicial body, was one of "bias" in the process. This was an administrative decision to issue the permit based on compatible use and there was no direct appeal right to the Board of Adjustment. Previously there was an appeal right to the Board of Adjustment; however, the code was amended in 1992 to remove that process. Mayor LeDoux wanted to make amendments and clarifications to the code to avoid any future problem. Assemblymember Razo said this would be more appropriate for quasi - judicial review than for an appeal. CITIZENS COMMENTS CITIZENS COMMENTS Nancy Wells wanted clarification on initiating the appeal process. She was confused by information received from staff and asked for Assembly direction on the next step. She felt the permits were not issued properly. Assemblymember Razo advised Ms. Wells to retain counsel and ask for guidance on how to proceed. Assemblymember Turner said the appeal process was outlined in Title 17. She agreed they should retain counsel. Manager Carlson expected the administrative decision, permit issuance, and the findings of compatible use determination the next day. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Razo felt his attendance at the AML Conference was beneficial. Assemblymember Abell said volunteers worked diligently on the BMX track to clear dirt and put in wood ramps. He hoped the track would be open to the public soon. Regular Assembly Meeting August 1, 2002 Volume XXVII Page 233 Assemblymember Turner thanked Doug Letch and all those involved in the football league; Assemblymember Bonney for his leadership on the ATV Committee; Assemblymember Razo for attending the AML conference; and the citizens who spoke regarding the soil remediation facility. Assemblymember Branson urged the local governments to be aware of upcoming bond issues. She recognized the need to clarify the zoning process in the Borough Code. ADJOURNMENT ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 8:13 p.m. ATTEST: Judith A. Niel en, CMC Approved: 10/17/2002 Borough Clerk Regular Assembly Meeting August 1, 2002 P le - /t f t0 P°, Gabrielle LeDoux, Mayor Volume XXVII Page 234