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2002-11-07 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting November 7, 2002 A regular meeting of the Kodiak Island Borough Assembly was held November 7, 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 Pat Branson Robin Heinrichs comprising a quorum of the APPROVAL BONNEY, seconded HEINRICHS, seconded by STEVENS VOTE ON MOTION TO AMEND Ayes: Assemblymember Geneva Macinko VOTE ON MOTION MOTION CARRIED by BRANSON Greg Razo Wayne Stevens Nancy Wells OF AGENDA Regular Assembly Meeting November 7, 2002 Assembly; and Pat Carlson, Manager Judi Nielsen, Borough Clerk Nova Javier, Deputy Clerk moved to approve the agenda. moved to amend the agenda by adding Item 13.E.4 Resignation of Bay View Road Service Area Board member. Abell, Bonney, Branson, Heinrichs, Razo, Stevens, Wells Noes: MOTION CARRIED VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES 1. Kodiak Island Borough Assembly Regular Meeting of August 29, Special Meeting of September 12, Regular Meeting of September 19, Special Meeting of October 10, and Regular Meeting of October 17, 2002. BRANSON, seconded by HEINRICHS None Unanimous Unanimous voice vote moved to approve the minutes as submitted. Branson corrected the misspelled name of on page 6 of the August 29, 2002 minutes. TO APPROVE Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XXVII Page 272 AWARDS AND PRESENTATIONS A. PROCLAMATIONS Mayor LeDoux proclaimed November 12, 2002 "Coast Guard Appreciation Day" in Kodiak urging citizens to recognize the Coast Guard community for their individual and collective efforts in making Kodiak and all the navigable waters of Alaska a safer and better place to live, work, and play. Mayor LeDoux announced that there would be a Coast Guard appreciation day celebration aboard the M/V Kenicott on November 12. Manager Carlson presented a Crab Fisherman award to Mr. Denby Lloyd. CITIZENS COMMENTS Jim Cobis, Womens Bay Community Council board member, urged the Assembly to allow the Womens Bay residents considerable involvement in the Womens Bay community planning as it was their neighborhood. In response to Mayor LeDoux, Mr. Cobis said he understood it was not appropriate to be involved in selecting the consultant; however, subsequent involvement was needed. In response to Rose Cobis, Manager Carlson said he would service as the administrative hearing officer for the administrative hearing for the Soil Processing, Inc. (SPI) which was quasi- technical /judicial in nature, would not be in a public comment format, and would be structured. Soil Processing, Inc. (SPI) was responsible to prove that violations would not continue. Manager Carlson noted that SPI was responsible to prove that violations would not occur again. Jack Doyle said SPI was aware they were in violation of State Law and continued to operate. Terry Haines, local fisherman, announced that the North Pacific Fishery Management Council would hold a meeting December 3 in Anchorage. He encouraged the public and the Assembly to submit their comments to the council as they would be reconsidering crab rationalization. Dale Rice, Bells Flats' resident, said one of SPI's trucks leaked muddy water and possibly spread contaminants. He was concerned to see steaming soil dumped by propane tanks outside the containment area. He said updating the Womens Bay Comp Plan would be repetitious and a waste of money since the plan was prepared by residents in 1988 -1990. Sherry Doyle felt SPI should be fined for continuing operation even after receipt of notice to shut down operation. COMMITTEE REPORTS Assemblymember Branson said the Hospital Advisory Board would meet with Don Rush, the new hospital administrator, on November 20. She encouraged residents to apply for advisory board seats. Al Parish was named CEO for the Providence Alaska Board Region. Assemblymember Razo said the School District Facilities Review Committee planned to present proposals to the Regular Assembly Meeting November 7, 2002 AWARDS AND PRESENTATIONS PROCLAMATIONS COAST GUARD APPRECIATION DAY CITIZENS COMMENTS COMMITTEE REPORTS Volume XXVII Page 273 School Board to be forwarded to the Assembly. The School District and Kodiak College would coordinate funding sources for vocational education needs in Kodiak. Assemblymember Heinrichs attended a meeting with architects preparing the Kodiak College feasibility study. He was glad to see collaboration between the School District, Kodiak College, and residents for a vocational education training center. The next meeting would be on November 15 at 8:00 p.m. at the College. He wanted discussion about sanctioned financial involvement at a future work session. Assemblymember Razo concurred and suggested inviting Doug Hammer, Kodiak College Administrator, and Bob Tucker, School District's Director of Maintenance and Operations. PUBLIC HEARING A. 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. BRANSON, moved to adopt seconded by ABELL Ordinance No. 2002 -13 Manager Carlson said this addressed certain administrative decisions relating to similar use determinations to make them appealable to the Planning and Zoning Commission rather than to the Alaska court system. Mayor LeDoux opened the public hearing. Jack Doyle felt this would allow reasonable review and public comment on similar use determinations. Mayor LeDoux closed the public hearing and reconvened the regular meeting. Assemblymember Heinrichs wanted to review and amend the administrative appeal process; however, he felt the ordinance as drafted would cause a 45 to 60 day delay on determinations. Assemblymember Wells said she favored this as a way to provide a check and balance for similar use determinations. Assemblymember Branson agreed this would also provide good public review process. Assemblymember Razo favored this as a way to provide appropriate planning and allowing the Planning and Zoning Commission to be involved. Assemblymember Abell spoke in support. Assemblymember Stevens felt Assemblymember Heinrichs' concern could be reviewed in the future. VOTE ON MOTION TO ADOPT Ayes: Abell, Bonney, Branson, Razo, Stevens, Wells Regular Assembly Meeting November 7, 2002 PUBLIC HEARING ORDINANCE NO. 2002 -13 Volume XXVII Page 274 Noes: MOTION CARRIED: BOROUGH MANAGER'S REPORT Heinrichs Manager Carlson attended Essential Fish Habitat meetings in Anchorage and felt gulf rationalization was manageable for fisherman. He hoped Kodiak would work with the council process for a positive outcome. He planned a meeting to discuss a business plan for fiber optics. He requested an executive session for IBEW negotiations. Regarding Borough finances, revenues were up and expenses were down. He would work with the state as Kodiak was included in the disaster declaration. MESSAGES FROM THE BOROUGH MAYOR 6 Ayes; 1 No Mayor LeDoux would travel to Ouzinkie for their annual Veteran's Day celebration. She extended condolences to the Sutliff family and the Harris family. She would attend the Alaska Municipal League Conference in Valdez to speak in support of ATV Resolution 2002 -26. She was furious with SPI for violating air quality standards and felt they should be fined. She was disappointed the community could not rely on the Department of Environmental Conservation. UNFINISHED BUSINESS None. NEW BUSINESS A. REORGANIZATION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 1. Election of the Deputy Mayor. BONNEY, seconded by ABELL moved to nominate Assemblymember Heinrichs as Deputy Mayor. MOTION CARRIED Unanimous consent B. CONTRACTS 1. Contract No. 2002 -26 Legislative Consultant for the Kodiak Island Borough During the FY03 and FY04 Legislative Sessions. STEVENS, seconded by BRANSON Manager Carlson noted that this covered the FY03 and FY04 legislative sessions. Assemblymember Razo felt Mr. Hickey had done a great job for the past two years. Assemblymember Heinrichs was glad to see the good working relationship between Mr. Hickey and the Assembly continue. Regular Assembly Meeting November 7, 2002 moved to approve Contract No. 2002 -26 with Hickey and Associates for the period of November 1, 2002 through October 31, 2004 in an amount not to exceed $35,000 per year. BOROUGH MANAGER'S REPORT MESSAGES FROM THE BOROUGH MAYOR UNFINISHED BUSINESS NEW BUSINESS REORGANIZATION OF THE KODIAK ISLAND BOROUGH ASSEMBLY CONTRACTS CONTRACT NO. 2002 -26 Volume XXVII Page 275 VOTE ON MOTION TO APPROVE Ayes: Bonney, Branson, Heinrichs, Razo, Stevens, Wells, Abell Noes: None MOTION CARRIED: Unanimous 2. Contract No. 2002 -27 Professional Services to Update and Revise the Womens Bay Community Plan. BRANSON, seconded by HEINRICHS Manager Carlson said four proposals were reviewed by staff and two Planning and Zoning Commissioners. Assemblymember Heinrichs, to address Mr. Cobis' previously stated concern, said the consulting group planned at least two scoping meetings in their proposal. Assemblymember Branson said Womens Bay Community Council members expected to participate as a major public stakeholder. Assemblymember Razo felt the contract was in compliance with the Assembly's strategic plan. VOTE ON MOTION TO APPROVE Ayes: Branson, Heinrichs, Razo, Stevens, Wells, Abell, Bonney Noes: None MOTION CARRIED: Unanimous C. RESOLUTIONS None. D. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2002 -16 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.050 Assembly Participation Chapter 2.17 Rules of the Assembly Section 2.17.070 Ordinances, Resolutions, and Motions Chapter 2.39 Boards, Committees, and Commissions Section 2.39.070 Vacancies and Section 2.39.080 Nominations. BRANSON, moved to adopt Ordinance seconded by HEINRICHS No. 2002 -16 in first reading to advance to public hearing on November 21, 2002. Clerk Nielsen said this clarified specific Code sections as follows: the mayor votes in the case where only six members of the assembly are present and there is a Regular Assembly Meeting November 7, 2002 moved to approve Contract No. 2002 -27 with Arctic Slope Consulting Group, Inc., in an amount not to exceed $37,500. CONTRACT NO. 2002 -27 RESOLUTIONS ORDINANCES FOR INTRODUCTION ORDINANCE NO. 2002 -16 Volume XXVII Page 276 three /three vote; defines the "prevailing side" as the side that carried the question; the Assembly, as the confirming body, accepts resignations of board, committee, and commission members; allowing for members of boards, committees, and commissions to be removed for reasonable cause; and begin the advertising and appointment process earlier to assist in filling board, committee, and commission vacancies effective January first. VOTE ON MOTION TO ADVANCE Ayes: Noes:. MOTION CARRIED: E. OTHER ITEMS VOTE ON MOTION TO APPROVE Ayes: Noes: None VOTE ON MOTION TO ACCEPT Ayes: Noes: None Regular Assembly Meeting November 7, 2002 Heinrichs, Razo, Stevens, Wells, Abell, Bonney, Branson None Unanimous 1. Kodiak Island Borough Assembly Meeting Schedule ASSEMBLY for 2003. MEETING SCHEDULE FOR HEINRICHS, moved to approve the 2003 2003 seconded by BRANSON Kodiak Island Borough meeting schedule. Clerk Nielsen said this approves the Assembly meeting schedule for the upcoming year. MOTION CARRIED: Unanimous 2. Resignation of Monashka Bay Road Service Area MONASHKA BAY Board Member. ROAD SERVICE AREA BOARD STEVENS, moved to accept the RESIGNATION seconded by BRANSON resignation of Mark Withrow for a term to expire October 2005 on the Monashka Bay Road Service Area Board. MOTION CARRIED: Unanimous Razo, Stevens, Wells, Abell, Bonney, Branson, Heinrichs Stevens, Wells, Abell, Bonney, Branson, Heinrichs, Razo OTHER ITEMS 3. Womens Bay Road Service Area Board Member. WOMENS BAY ROAD SERVICE HEINRICHS, moved to accept the AREA BOARD seconded by BRANSON resignation of Edward RESIGNATION Gondek for a term to expire October 2005 on the Womens Bay Road Service Area Board. Volume XXVII Page 277 VOTE ON MOTION Ayes: Noes: None MOTION CARRIED: Unanimous 4. Bay View Road Service Area Board Member. BAY VIEW ROAD SERVICE AREA HEINRICHS, moved to accept the BOARD seconded by BRANSON resignation of Gale RESIGNATION Hagemeyer for a term to expire October 2003 on the Bay View Road Service Area Board. VOTE ON MOTION TO ACCEPT Ayes: Noes: MOTION CARRIED: CITIZENS COMMENTS Regular Assembly Meeting November 7, 2002 Wells, Abell, Bonney, Branson, Heinrichs, Razo, Stevens Abell, Bonney, Branson, Heinrichs, Razo, Stevens, Wells None Unanimous Jack Doyle paraphrased an e -mail he received from ADEC about the air emission complaint he filed. He felt they were not very supportive. Ben Millstein phoned to thank the Assembly for adopting Ordinance No. 2002 -13. He understood Assemblymember Heinrichs' reservations. He thanked Mayor LeDoux for her sympathy with the Womens Bay residents' concerns. Jim Cobis thanked the Assembly for including the Womens Bay Community Council in the comprehensive plan process. He said they would try their best to be a constructive and helpful presence during the process. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Branson congratulated Denby Lloyd for receiving the Crab Fisherman Award. She looked forward to the Coast Guard Appreciation Day celebration on the M/V Kenicott. She was glad the School District Facilities Review Committee was moving forward. She said the Assembly accomplished many projects under Manager Carlson's guidance. She encouraged everyone to meet with Senator Austerman and Representative Stevens before they return to Juneau. Assemblymember Heinrichs acknowledged the important role of the Coast Guard in Kodiak. He was pleased to see the recent momentum for possibly building a vocational/ technical center in Kodiak. He thanked the Assembly for electing him deputy mayor. He said good -bye to his good friend and employee, Dale Harris, who passed away recently and extended condolences to his family. Assemblymember Bonney wanted to discuss youth involvement in the boards and committees. He was disappointed with SPI's air emission violation and felt the Assembly had a duty to protect residents. He suggested an ordinance to shut down SPI if they fail a test again in the future. CITIZENS COMMENTS Volume XXVII Page 278 Assemblymember Stevens congratulated Senator Austerman and Representative Stevens on their re- election. He thanked Manager Carlson for his work and for being a good advocate for the community. Assemblymember Wells appreciated the Coast Guard Appreciation Day proclamation. She commended the high school students and high school maintenance staff for keeping the high school clean. She commended the Mayor for her intent to celebrate Veteran's Day holiday in Ouzinkie. She was disturbed by the reports in the Kodiak Daily Mirror, about soil and water non - contamination in the Bells Flats area since there had been no tests. Manager Carlson, in response to Assemblymember Abell, explained SPI's hearing process. In response to Mayor LeDoux, he said SPI had the burden of proof. Assemblymember Abell wanted the Assembly to pursue the voc -ed project; however, he urged the Assembly to keep in mind the costs associated with the project. Assemblymember Razo concurred and wanted a considerable amount of review; however, he wanted children's education prioritized. He hoped for State and Federal support. He advocated stopping SPI from further violations before it became uncontrollable. He appreciated Manager Carlson's efforts and attendance to the fish meetings. He favored giving the ATV Committee direction, guidance, and support. Assemblymember Stevens was looking through the Short Report and noted the remarkable 7% interest bonds. Mayor LeDoux announced the Assembly would meet in a work session on Thursday, November 14 at 7:30 p.m. in the Borough conference room; a joint Assembly /City Council work session on Tuesday, November 19 at 7:30 p.m. in the Borough assembly chambers; and a regular meeting on Thursday, November 21, at 7:30 p.m. in the assembly chambers. She would travel with Assembly members to Valdez to attend the Alaska Municipal League Conference November 11 -15. The Kodiak Island Borough offices would be closed on Monday, November 11 in observance of Veterans Day. ADJOURNMENT ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 8:55 p.m. TEST: udith A. Nie .en, CMC Borough Clerk Regular Assembly Meeting November 7, 2002 Ga$rielle LeDoux, Mayor Approved: 12/19/2002 Volume XXVII Page 279