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2002-10-17 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held October 17, 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 Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. There were present: Mayor: Gabrielle LeDoux Assemblymembers: Tom Abell Tuck Bonney Greg Razo Absent: Pat Branson Robin Heinrichs comprising a quorum of the Assembly; and STEVENS, seconded by TURNER VOTE ON MOTION TO EXCUSE MOTION CARRIED: APPROVAL OF AGENDA APPROVAL OF AGENDA RAZO, seconded by BONNEY VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES 1. Kodiak Island Borough Assembly Regular Meeting of August 1 and 15, and Special Meeting of August 8, 2002. BONNEY, moved to approve the seconded by RAZO minutes as submitted. Regular Assembly Meeting October 17, 2002 KODIAK ISLAND BOROUGH Regular Assembly Meeting October 17, 2002 Pat Carlson, Manager Judi Nielsen, Borough Clerk Nova Javier, Deputy Clerk Wayne Stevens Darlene Turner moved to excuse Assemblymembers Branson and Heinrichs. Unanimous voice vote moved to approve the agenda. Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF MINUTES Volume XXVII Page 263 VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS A. LONGEVITY AWARDS B. EMPLOYEE OF THE QUARTER C. PROCLAMATIONS CITIZENS COMMENTS Unanimous voice vote Manager Carlson presented a Five -year Longevity Award to Bob Himes, Fire Chief at the Bayside Fire Hall. Bob Himes accepted the award. Manager Carlson presented a Fifteen -year Longevity Award to Martin Lydick, Associate Planner in the Community Development Department. Martin Lydick accepted the award. Manager Carlson presented the Employee of the Quarter Award to Mary Barber, accounting technician /accounts payable in the Finance Department. Mayor LeDoux proclaimed October 2002 as Domestic Violence Awareness Month urging all citizens to actively support and participate in the ongoing programs designed to reduce, and eventually eliminate domestic violence as a social problem. Christa Inman, Kodiak Women's Resource and Crisis Center outreach coordinator, accepted the proclamation. Mayor LeDoux proclaimed the week of October 20 through 26 as National School Bus Safety Week urging the citizens of Kodiak to recognize the school bus drivers, the school district, and private school bus contractors like Laidlaw Transit Inc. for their efforts in providing safe transportation to our children, and to do their part by driving carefully. Bill Marsh accepted the proclamation. D. U.S. ARMY CORPS OF ENGINEERS UPDATE US ARMY CORPS OF ENGINEERS UPDATE Manager Carlson said that the Corps of Engineers presentation was canceled due to the weather. Don Roberts read his letter regarding Providence Health Systems unresponsiveness to his concern that patients could not accept voluntary hospitalization, their rights were not explained, they could not contact their families and vice versa, and they could not speak with their attorney. Mayor LeDoux urged the audience to speak during citizens comments as items under Ordinances for Introduction did not allow for public comment. Regular Assembly Meeting October 17, 2002 AWARDS AND PRESENTATIONS LONGEVITY AWARDS EMPLOYEE OF THE QUARTER PROCLAMATIONS DOMESTIC VIOLENCE AWARENESS MONTH NATIONAL SCHOOL BUS SAFETY WEEK CITIZENS COMMENTS Volume XXVII Page 264 Jack Doyle spoke in support of Ordinance No. 2002 -13 as it would allow public input in the process. He felt the ordinance reflected good government. Ed Lindsey phoned to urge the Assembly to address the concerns of Don Roberts regarding the Providence Health Systems of Alaska. He felt such experiences were traumatic as he personally experienced them. COMMITTEE REPORTS Darlene Turner announced that one out of five residents in Kodiak would soon receive a community assessment survey from PKIMC. Returning the forms would be vital in providing quality service to the community. Clarence Selig provided an update of the Planning and Zoning Commission's last meeting. He looked forward to a Robert's Rules of Order Work Shop. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Carlson was working on the fiber optic project. The ATV resolution was revised to accommodate AML requirements and was submitted to AML. The revised copy was in the Assembly's mail. An update on Borough projects was also provided in their packets. The Womens Bay Comprehensive Plan Contract would be finalized next meeting. He said the Geographic Information System (GIS) implementation was underway and would be a real community asset in planning. He thanked Assemblymember Turner for her valuable service and welcomed newly - elected Assemblymember Wells to the Assembly. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM THE BOROUGH Mayor LeDoux was glad to see Ordinance No. 2002 -13 as a MAYOR good beginning in reviewing the Borough Code. She welcomed newly- elected Assemblymember Wells and looked forward in working with her. She thanked Assemblymember Turner for her service commenting on her sincere interest and commitment to the community. UNFINISHED BUSINESS None. NEW BUSINESS A. CONTRACTS None. B. RESOLUTIONS Regular Assembly Meeting October 17, 2002 COMMITTEE REPORTS PUBLIC HEARING BOROUGH MANAGER'S REPORT UNFINI SHED BUSINESS NEW BUS INESS CONTRACTS RESOLUTIONS Volume XXVII Page 265 1. Resolution No. 2002 -27 Adopting an Alternative RESOLUTION Allocation Method for the FY2003 Shared NO. 2002 - 27 Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Fisheries Management Area 13. RAZO, seconded by TURNER VOTE ON MOTION TO ADOPT Regular Assembly Meeting October 17, 2002 moved to adopt Resolution No. 2002 -27 Manager Carlson reported this resolution was required to participate in the FY 2003 Shared Fisheries Business Tax Program by demonstrating to the Department of Community and Economic Development that Kodiak Island has suffered significant effect during calendar year 2001 from fisheries business activities. VOTE ON MOTION TO ADOPT Ayes: Abell, Bonney, Razo, Stevens, Turner Noes: None Absent: Branson, Heinrichs MOTION CARRIED: Unanimous 2. Resolution No. 2002 -29 Ratifying and Certifying RESOLUTION the Results of the Municipal Election Held NO. 2002 - 29 October 1, 2002. STEVENS, moved to adopt seconded by BONNEY Resolution No. 2002 -29. Clerk Nielsen reported the canvass board met on Wednesday, October 9 and Thursday, October 10, completed the canvass, and certified the October 1, 2002 election. She expressed her gratitude to election workers saying it would have been impossible to conduct elections without their help. Ayes: Bonney, Razo, Stevens, Turner, Abell Noes: None Absent: Branson and Heinrichs MOTION CARRIED: Unanimous 3. Resolution No. 2002 -30 Requesting Fiscal Year 2004 Capital Projects Funding Under the Municipal Capital Projects Matching Grant Program. RESOLUTION NO. 2002 -30 Volume XXVII Page 266 RAZO, moved to adopt seconded by STEVENS Resolution No. 2002 -30. Manager Carlson advised that under the State of Alaska Municipal Capital Projects Matching Grant Program, as in years past, the Kodiak Island Borough has identified school facilities repair and upgrades. He said that pursuant to grant requirements, the Kodiak Island Borough must match $53,662 as the local share contribution and will be eligible to receive $125,197 from the State of Alaska under this program. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED: C. ORDINANCES FOR INTRODUCTION TURNER, seconded by BONNEY VOTE ON MOTION TO ADVANCE Noes: Absent: MOTION CARRIED: Regular Assembly Meeting October 17, 2002 Razo, Stevens, Turner, Abell, Bonney None Branson, Heinrichs Unanimous 1. Ordinance No. 2002 -13 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning, Chapter 17.03 General Provisions and Use Regulations, Section 17.03.090 Similar Uses May Be Permitted to Make Similar Use Determinations Subject to Review and Approval by the Planning and Zoning Commission. moved to adopt Ordinance No. 2002 -13 in first reading to advance to public hearing on November 7, 2002. Manager Carlson reported this will address certain administrative decisions relating to similar use determinations to consider making them appealable to the Planning and Zoning Commission rather than to the Alaska Court System. Ayes: Stevens, Turner, Abell, Bonney, Razo None Branson, Heinrichs Unanimous 2. Ordinance No. 2002 -15 Reestablishing all Boards, Committees, and Commissions as ORDINANCES FOR INTRODUCTION ORDINANCE NO. 2002 -13 ORDINANCE NO. 2002 -15 Volume XXVII Page 267 STEVENS, seconded by BONNEY Established in Kodiak Island Borough Code of Ordinances Chapter 2.39 Boards and Commissions. moved to adopt Ordinance No. 2002 -15 in first reading to advance to public hearing on November 21, 2002. Clerk Nielsen advised all boards committees and commissions established under Chapter 2 of the Kodiak Island Borough Code of Ordinances shall terminate by every three years, unless affirmatively reestablished or continued by the Assembly. This Ordinance was introduced to allow plenty of time to advertise. VOTE ON MOTION TO ADVANCE Ayes: Turner, Abell, Bonney, Razo, Stevens Noes: None Absent: Branson, Heinrichs MOTION CARRIED: Unanimous D. OTHER ITEMS 1. Vacation of the Fifty (50) Foot Wide Road and VACATION Utility Easement on Lot 2, U.S. Survey 3466, as Part of the Subdivision to Create Lots 1 Through 4, Lake Shore Estates, Reserving Therefrom a Thirty (30) Foot Wide Utility Easement Centered on the Existing Water and Sewer Distribution Lines Crossing the Easterly Corner of Lot 2, U.S. Survey 3466 (Proposed Lot 4, Lake Shore Estates.) TURNER, seconded by RAZO Regular Assembly Meeting October 17, 2002 moved to veto the vacation of the Fifty Foot Wide Road and Utility Easement on Lot 2, U.S. Survey 3466, as Part of the Subdivision to Create Lots 1 Through 4, Lake Shore Estates, Reserving Therefrom a Thirty Foot Wide Utility Easement Centered on the Existing Water and Sewer Distribution Lines Crossing the Easterly Corner of Lot 2, U.S. Survey 3466 (Proposed Lot 4, Lake Shore Estates.) Assemblymember Razo raised a point of clarification OTHER ITEMS Volume XXVII Page 268 correcting the word reversing to reserving. Manager Carlson reported that a veto would preserve public access to the area around Dark Lake. Assemblymember Turner spoke in support of preserving the right to create a road if necessary in the future. She said it would be an important part of good government to protect the rights of the people who live in the area. Assemblymember Abell hoped to work through this by reviewing all the options. Assemblymember Stevens noted that approving the veto would protect the right -of -way. VOTE ON MOTION TO VETO Ayes: Abell, Bonney, Razo, Stevens, Turner Noes: None Absent: Branson, Heinrichs MOTION CARRIED: Motion Carried RAZO, seconded by STEVENS VOTE ON MOTION TO ACCEPT Ayes: 2. Resignation of Parks and Recreation Committee Member. Noes: Absent: MOTION CARRIED: moved to accept, with regret, the resignation of Peggy Dvorak from Parks and Recreation Committee and direct the Borough Clerk to advertise the vacancy per Borough Code. Bonney, Abell, Razo, Stevens, Turner None Branson, Heinrichs Unanimous 3. Oath of Office to Newly- Elected Assemblymembers Clerk Nielsen administered the Oath to Newly- Elected Assemblymembers Tom Abell, Tuck Bonney, and Nancy Wells. Mayor LeDoux congratulated the newly- elected Assemblymembers. 4. Presentation to Out -Going Assembly Member. Regular Assembly Meeting October 17, 2002 PARKS AND RECREATION COMMITTEE MEMBER RESIGNATION OATH OF OFFICE PRESENTATION TO OUTGOING ASSEMBLYMEMBER Volume XXVII Page 269 Mayor LeDoux presented a plaque and a copy of a book titled Kodiak - Alaska's Emerald Isle to outgoing Assemblymember Darlene Turner. CITIZENS COMMENTS Iver Malutin phoned for an update on the Anton - Larsen Bay Road project that he felt was vital access for village residents. Manager Carlson said he expected the project to begin by late spring or early summer. Carol Jurness appreciated the comments of Don Roberts and Ed Lindsey on hospital issues. She related similar experiences and felt individual rights were violated. Laurene Madsen commended the Assembly for moving Ordinance No. 2002 -13 to public hearing. She congratulated newly - elected Assemblymember Wells. She said Womens Bay residents wanted to participate and be actively involved with the Womens Bay comprehensive plan ASSEMBLYMEMBER COMMENTS Assemblymember Bonney thanked residents for voting. He looked forward to serving another three years on the Assembly. He welcomed newly - elected Assemblymember Wells and thanked Assemblymember Turner for her outstanding service to the community. Assemblymember Turner reminded residents to vote in favor of Proposition C in the upcoming election. She thanked Bob Himes for five years of service. She congratulated Martin Lydick and Mary Barber. She reminded the public about domestic awareness month. She noted the importance of participatory government and encouraged residents to speak out on important issues. She thanked Manager Carlson, Clerk Nielsen, and Deputy Clerk Javier for their responsiveness and support to the Assembly. She thanked her fellow Assemblymembers and said that she would walk away with great respect for them. She wished newly - elected Assemblymember Wells the best and was glad to see Assemblymembers Abell and Bonney re- elected. Assemblymember Abell acknowledged the comments regarding Providence; however, he felt the need to hear both sides of the story and hoped to have discussion soon. He wished Assemblymember Turner the best and welcomed newly - elected Assemblymember Wells. Assemblymember Razo thanked Assemblymember Turner for her dedication and hard work. He encouraged voters to exercise their right to vote. He hoped to see more than a 15 percent voter turnout in the next election. He congratulated newly - elected Assemblymember Wells and commended the Womens Bay community members for endorsing a candidate to effect a change. He provided an update on Regular Assembly Meeting October 17, 2002 TURNER CITIZENS COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXVII Page 270 the new school crossing zone signs on Rezanoff Drive. Mayor LeDoux announced that the Assembly would meet in a work session on Thursday, October 31 at 7:30 p.m. in the Borough conference room and a regular meeting on Thursday, November 7, at 7:30 p.m. in the Assembly chambers. She encouraged community members to vote in the General Election Tuesday, November 5, 2002. ADJOURNMENT ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 8:32 p.m. ATTEST: udith A. Niel' en, CMC orough Clerk Regular Assembly Meeting October 17, 2002 Gabrielle LeDoux, Mayor Approved: 11/07/02 Volume XXVII Page 271