2003-06-19 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly
was held June 19, 2003 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 Chaplain Paul Smith of the
Kodiak Police Department, followed by the Pledge of
Allegiance.
There were present: ROLL CALL
Mayor:
Gabrielle LeDoux
Assemblymembers:
Tom Abell
Tuck Bonney
Pat Branson
Absent:
Greg Razo
Wayne Stevens
comprising a quorum of the Assembly; and
Bud Cassidy, Administrative Official
Judi Nielsen, Borough Clerk
Laura Casey, Assistant Clerk
BRANSON,
seconded by HEINRICHS
VOTE ON MOTION TO EXCUSE
MOTION CARRIED:
APPROVAL OF AGENDA
BONNEY,
seconded by BRANSON
VOTE ON MOTION TO APPROVE
MOTION CARRIED:
APPROVAL OF MINUTES
None.
AWARDS AND PRESENTATIONS
None.
CITIZENS COMMENTS
KODIAK ISLAND BOROUGH
Regular Assembly Meeting
June 19, 2003
Robin Heinrichs
Nancy Wells
moved to excuse
Assemblymembers Razo and
Stevens.
Unanimous Voice Vote
moved to approve the
agenda.
Unanimous voice vote
Assistant Clerk Casey read a letter from Ruth Koson
regarding the Beverage Dispensary Transfer of Ownership
for Hopper Valley Roads End.
Marion Owen urged the Assembly to review the solid waste
management for small businesses being operated out of
homes. She said it was unfair to pay the same garbage
fees as a commercial business.
Mel Stephens, on behalf of Ernie Hopper, supported the
addition of Patricia McCloskey to the Hopper Valley Roads
End license.
REGULAR MEETING
APPROVAL OF
AGENDA
APPROVAL OF
MINUTES
AWARDS AND
PRESENTATIONS
CITIZENS
COMMENTS
Regular Assembly Meeting Volume XXVIII
June 19, 2003 Page 86
Patricia McCloskey said she was available to answer
questions and noted there was a restraining order against
Ruth Koson.
Ruth Koson phoned to answer any questions of the Assembly.
Jim VanAtta supported the addition of Patricia McCloskey
to the Hopper Valley Roads End license.
Ruth Koson phoned to say there was no restraining order
against her, but pending litigation against Patricia
McCloskey.
COMMITTEE REPORTS
Assemblymember Heinrichs announced the Bond Ad Hoc
Committee would meet June 24, 2003, at 5:15 p.m. in the
assembly chambers.
PUBLIC HEARING
A. Ordinance No. 2003 -05 Amending KIB Code of Ordinances ORDINANCE
Title 2 Administration and Personnel Chapter 2.15 NO. 2003 -05
Borough Mayor Section 2.15.070 Compensation and
Chapter 2.17 Rules of the Assembly Section 2.17.100
Miscellaneous to Clarify the Procedures for Official
Borough Travel.
HEINRICHS, moved to adopt Ordinance
seconded by BRANSON No. 2003 -05.
Administrative Official Cassidy said this clarified
official Borough travel for the Assembly and Mayor.
Assemblymember Wells clarified that the changes for the
Assembly and Mayor were identical even though they were
under different sections of the code.
Mayor LeDoux called for public testimony; hearing and
seeing none, she reconvened the regular meeting.
VOTE ON MOTION TO ADOPT
Ayes: Abell, Bonney, Branson,
Heinrichs, Wells
Noes:
Absent:
MOTION CARRIED:
Administrative Official Cassidy said amendment brought the
Code in line with Alaska State Statues.
Mayor LeDoux called for public testimony; hearing and
seeing none, she reconvened the regular meeting.
Regular Assembly Meeting
June 19, 2003
None
Razo, Stevens
Unanimous
COMMITTEE
REPORTS
PUBLIC HEARING
B. Ordinance No. 2003 -06 Amending KIB Code of Ordinances ORDINANCE
Title 2 Administration and Personnel Chapter 2.17 NO. 2003 -06
Rules of the Assembly by Amending Section 2.17.070
Ordinances, Resolution, and Motions and by Adding
Section 2.17.075 Emergency Ordinances.
BRANSON, moved to adopt Ordinance
seconded by WELLS No. 2003 -06.
Volume XXVIII
Page 87
VOTE ON MOTION TO ADOPT
Ayes:
Noes:
Absent:
MOTION CARRIED:
C. Resolution No. 2003 -20 Establishing Fees of the
Kodiak Island Borough for Fiscal Year 2004.
BONNEY, moved to adopt Resolution
seconded by HEINRICHS No. 2003 -20.
Administrative Official Cassidy said departments reviewed
the fees that were established for fiscal year 2004.
Mayor LeDoux opened the public hearing.
Marion Owen urged the Assembly to review the fees and
adjust for small businesses operated from the home with a
possible reduction in waste fees and that may encourage
more small businesses.
Mayor LeDoux closed the public hearing.
Assemblymember Bonney agreed with Ms. Owen and said the
Assembly could revisit the fee schedule later.
BONNEY, moved to postpone
seconded by WELLS Resolution No. 2003 -20.
Administrative Official Cassidy said the existing fee
schedule expired June 30. He suggested adopting the fee
schedule and review for amendments at a later date.
Assemblymember Heinrichs stated the fees could be changed
at a later date.
Assemblymember Branson took Ms. Owens comments seriously;
however, she opposed postponement.
VOTE ON MOTION TO POSTPONE
Ayes: None
Noes: Branson, Heinrichs,
Wells, Abell, Bonney
Absent:
MOTION FAILED
Assemblymember Wells
management.
VOTE ON MOTION TO ADOPT
Ayes:
Noes:
Absent:
MOTION CARRIED:
Bonney, Branson,
Heinrichs, Wells, Abell
None
Razo, Stevens
Unanimous
Razo, Stevens
Unanimous
wanted to fully review waste
Heinrichs, Wells, Abell,
Bonney, Branson
None
Razo, Stevens
Unanimous
RESOLUTION
NO. 2003 -20
Regular Assembly Meeting Volume XXVIII
June 19, 2003 Page 88
BOROUGH MANAGER'S REPORT
Administrative Official Cassidy said Manager Carlson would
be out of town for a couple of weeks.
MESSAGES FROM THE BOROUGH MAYOR
Mayor LeDoux was disappointed with State funding and said
it would be up to the community to find a solution. She
stated that taxes may be raised next year.
UNFINISHED BUSINESS UNFINISHED
BUSINESS
A. State of Alaska Alcoholic Beverage Control Board LIQUOR LICENSE
Beverage Dispensary Transfer of Ownership for Hopper TRANSFER
Valley Roads End at Mile 42, Chiniak AK 99615.
(Current Licensee: Ernest Hopper; Licensee/
Applicants: Ernest Hopper and Patricia McCloskey)
The motion before the Assembly was to voice non objection
to the State of Alaska Alcoholic Beverage Control Board
Beverage Dispensary Transfer of Ownership for Hopper
Valley Roads End at Mile 42, Chiniak AK 99615. (Current
Licensee: Ernest Hopper; Licensee /Applicant: Patricia
McCloskey /Ernest Hopper.)
Assemblymember Heinrichs heard testimony about illegal
activity, but had no material regarding the activity.
Clerk Nielsen said only violations of the actual liquor
license and TAM card violations were reported directly to
the Alcoholic Beverage Control Board.
VOTE ON MOTION TO VOICE NON OBJECTION
Ayes: Wells, Abell, Bonney,
Branson, Heinrichs
Noes: None
Absent: Razo, Stevens
MOTION CARRIED: Unanimous
Mayor LeDoux recessed the regular meeting and convened the
Board of Adjustment.
B. BOARD OF ADJUSTMENT- Review and /or Clarify the
Findings of Fact and Conclusions of the Board of
Adjustments' Decision to Reverse in Whole the
Planning and Zoning Commission's Decision on Case No.
02 -025 to Affirm an Administrative Decision Denying
Zoning Compliance to Construct an Attached Addition
and Arctic Entry Onto an Existing Mobile Home Located
at Jackson's Mobile Home Park Space #68. (Applicant/
Appellant: Mr. Don Lakings)
At its last regular the Assembly determined to review
and /or clarify the findings of fact and conclusions of the
Board of Adjustments' decision to reverse the Planning and
Zoning Commission's decision on Case No. 02 -025 to affirm
an administrative decision denying zoning compliance to
construct an attached addition and arctic entry onto an
existing mobile home located at Jackson's Mobile Home Park
space #68. (Applicant /Appellant: Mr. Don Lakings)
The decision of the board of adjustment was based upon the
following findings of fact and conclusions:
Regular Assembly Meeting
June 19, 2003
BOROUGH
MANAGER'S REPORT
MESSAGES FROM
THE BOROUGH
MAYOR
BOARD OF
ADJUSTMENT
Volume XXVIII
Page 89
1. Jackson's Mobile Home Park is a legal non - conforming
use of the land because it existed before the
adoption of Borough Code Chapter 17.36, Existing Non-
conforming Uses and Structures (Grandfather rights),
and before the creation of the Borough; and
therefore, falls under the grandfathering provisions
of the code.
2. The residential occupancy is legal.
3. Replacing the historic addition does not expand the
legal non - conforming use.
HEINRICHS,
seconded by BRANSON
moved to convene into
executive session for
deliberation as a quasi
judicial board.
VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION
Ayes:
Noes:
Absent:
VOTE ON MOTION TO CLARIFY
Abell, Bonney, Branson,
Heinrichs, Wells
None
Razo, Stevens
MOTION CARRIED: Unanimous
Mayor LeDoux invited the administrative official and
clerk's office staff to join in the executive session.
AT 8:08 p.m., Mayor LeDoux recessed the Board of
Adjustment.
At 9:01 p.m., Mayor LeDoux reconvened the Board of
Adjustment.
WELLS, moved to clarify the
seconded by ABELL findings of fact and
conclusions of the Board
of Adjustments' decision
to reverse the Planning
and Zoning Commission's
decision on Case No. 02-
025 fact #3 to read: "the
expansion as described in
the permit is granted."
Assemblymember Heinrichs clarified this was not conforming
with the code.
Ayes: Bonney, Branson,
Heinrichs, Wells, Abell
Noes: None
Absent: Razo, Stevens
MOTION CARRIED: Unanimous
At 9:04 p.m., Mayor LeDoux closed the Board of Adjustment
and reconvened the regular meeting.
NEW BUSINESS
A. CONTRACTS
1. Contract No. 2003 -18 Kodiak Island Borough
Facilities Fuel Oil Delivery.
NEW BUSINESS
CONTRACTS
CONTRACT
NO. 2003 -18
Regular Assembly Meeting Volume XXVIII
June 19, 2003 Page 90
HEINRICHS,
seconded by BRANSON
Administrative Official
oil delivery to Borough
VOTE ON MOTION TO AWARD
Ayes:
Noes:
Absent:
MOTION CARRIED:
2. Contract No. 2003 -19
Area Road Maintenance
Removal, and Sanding.
HEINRICHS,
seconded by BRANSON
Administrative Official Cassidy
Board met to review and approve
their response contractor.
VOTE ON MOTION TO AWARD
Ayes:
Noes:
Absent:
MOTION CARRIED:
B. RESOLUTIONS
BRANSON,
seconded by HEINRICHS
Administrative Official Cassidy
directors reviewed the list and
of the listed records.
VOTE ON MOTION TO ADOPT
Ayes:
moved to award Contract
No. 2003 -18 to Petro
Star, Inc. Of Kodiak,
Alaska for time and
materials at a baseline
price of $1.075 /gallon
for #1 fuel and $.995/
gallon for #2 fuel.
Cassidy said this provided fuel
facilities.
Branson, Heinrichs,
Wells, Abell, Bonney
None
Razo, Stevens
Unanimous
Monashka Bay Road Service
and Repairs, Snow
moved to award Contract
No. 2003 -19 to Brechan
Enterprises, Inc. of
Kodiak, Alaska for
equipment, time, and
materials at the rates
submitted in their bid
package.
said the Service Area
Brechan Enterprises as
Heinrichs, Wells, Abell,
Bonney, Branson
None
Razo, Stevens
Unanimous
1. Resolution No. 2003 -21 Authorizing the Records
Manager to Dispose of Certain Kodiak Island
Borough Records.
moved to adopt
Resolution No. 2003 -21.
said the department
authorized the destruction
Wells, Abell, Bonney,
Branson, Heinrichs
CONTRACT
NO. 2003 -19
RESOLUTIONS
RESOLUTION
NO. 2003 -21
Regular Assembly Meeting Volume XXVIII
June 19, 2003
Page 91
Noes: None
Absent: Razo, Stevens
MOTION CARRIED: Unanimous
C. ORDINANCES FOR INTRODUCTION
None.
D. OTHER ITEMS
1. Appointment to the Trinity Islands Street Light
Service Area Board for a seat to expire
December 31, 2003.
HEINRICHS,
seconded by BRANSON
VOTE ON MOTION TO APPOINT
MOTION CARRIED: Unanimous voice vote
2. Appointment to the Trinity Islands Street Light
Service Area Board for a seat to expire
December 31, 2004.
BRANSON,
seconded by HEINRICHS
VOTE ON MOTION TO APPOINT
MOTION CARRIED: Unanimous voice vote
3. Appointment to the Trinity Islands Street Light
Service Area Board for a seat to expire
December 31, 2005.
HEINRICHS,
seconded by BRANSON
moved to appoint Sabrina
Sutton to a seat on the
Trinity Islands Street
Light Service Area Board
for a term to expire
December 31, 2003.
moved to appoint Craig
Walton to a seat on the
Trinity Islands Street
Light Service Area Board
for a term to expire
December 31, 2004.
moved to appoint Jennifer
Wandersee to a seat on
the Trinity Islands
Street Light Service Area
Board for a term to
expire December 31, 2005.
VOTE ON MOTION TO APPOINT
MOTION CARRIED: Unanimous voice vote
CITIZENS COMMENTS
None.
ASSEMBLYMEMBER COMMENTS
Assemblymember Heinrichs wanted to consider a moratorium
on structures in non - conforming mobile home parks pursuant
to the 1993 code.
Assemblymember Wells thanked those who understood the
budget cuts.
Mayor LeDoux announced that the Assembly would meet in a
work session on Thursday, June 26 at 7:30 pm in the
Borough conference room and a regular meeting on Thursday,
July 3, at 7:30 pm in the assembly chambers.
ORDINANCES FOR
INTRODUCTION
OTHER ITEMS
TRINITY ISLANDS
BOARD
APPOINTMENT
TRINITY ISLANDS
BOARD
APPOINTMENT
TRINITY ISLANDS
BOARD
APPOINTMENT
CITIZENS
COMMENTS
ASSEMBLYMEMBER
COMMENTS
Regular Assembly Meeting Volume XXVIII
June 19, 2003 Page 92
ADJOURNMENT ADJOURNMENT
There being no further business to come before the
Assembly, the meeting adjourned at 9:13 p.m.
ATTEST:
7 ereja Gew
L Judith A. Ni , CMC
of
Borough Clerk
Gabrielle LeDoux, Mayor
Approved: 07/17/2003
Regular Assembly Meeting Volume XXVIII
June 19, 2003 Page 93