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2003-10-02 Regular MeetingThere were present: Mayor: Gabrielle LeDoux Assemblymember: Tom Abell Tuck Bonney Pat Branson Absent: Nancy Wells seconded by HEINRICHS VOTE ON MOTION TO EXCUSE MOTION CARRIED: APPROVAL OF AGENDA HEINRICHS, seconded by BRANSON VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES BRANSON, seconded by HEINRICHS VOTE ON MOTION KODIAK ISLAND BOROUGH Regular Assembly Meeting October 2, 2003 A regular meeting of the Kodiak Island Borough Assembly was held October 2, 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 Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Robin Heinrichs Greg Razo Wayne Stevens comprising a quorum of the Assembly; and Pat Carlson, Manager Judith Nielsen, Borough Clerk Nova Javier, Deputy Clerk Laura Casey, Assistant Clerk BRANSON, moved to excuse Assemblymember Wells. Unanimous Voice Vote moved to approve the agenda. Unanimous voice vote 1. Kodiak Island Borough Assembly Regular Meeting Minutes of August 21, 2003. moved to approve the minutes as submitted. Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Regular Assembly Meeting Volume XXVIII October 2, 2003 Page 125 AWARDS AND PRESENTATIONS 1. PROCLAMATIONS Mayor LeDoux proclaimed the month of October 2003 as "Domestic Violence Awareness Month" urging all citizens to support and participate in ongoing programs to reduce and eventually eliminate domestic violence as a social problem. Jackie Adamson of the Kodiak Womens Resource Center accepted the proclamation. Mayor LeDoux proclaimed September 15 through October 15, 2003 "Hispanic Heritage Month" urging all citizens to recognize the important contributions made by Hispanic Americans. Aida Hathaway, ALMA President, accepted the proclamation. CITIZENS COMMENTS Andrew Schmitt asked the Assembly's opinion on the Patriot Act; Mayor LeDoux said there had been no discussion. Kevin Foster questioned the disbanding of the ATV Stakeholder Committee which he thought still had ongoing work. COMMITTEE REPORTS Chuck Morris, Providence Kodiak Island Mental Health Center Director, reported on client relations and the financial functions of the Center. Assemblymember Branson congratulated Mr. Morris on his new position. Norman Sutliff, Mission Lake Tide Gate Service Area Chair, asked the Assembly and Manager Carlson to rearrange their priorities and focus on the tide gate project. Assemblymember Heinrichs said representatives of the Borough and School District completed in -kind deliberations and would prepare a report on their findings for the Assembly and School Board. PUBLIC HEARING 1. Ordinance No. 2003 -07 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.43 Parks and Recreation Committee Section 2.43.010 Committee Created -- Duties and Section 2.43.020 Appointment, terms and procedures. RAZO, moved to adopt seconded by BONNEY Ordinance No. 2003 -07. Assemblymember Bonney was appreciative that the ATV Adhoc Committee accomplished their tasks and hoped for their continued participation on the Parks and Recreation Committee. Mayor LeDoux opened the public hearing. Kevin Foster supported the Ordinance and agreed that some projects overlapped with the Parks and Recreation Committee. October 2, 2003 AWARDS AND PRESENTATIONS PROCLAMATIONS DOMESTIC VIOLENCE AWARENESS MONTH HISPANIC HERITAGE MONTH CITIZENS COMMENTS COMMITTEE REPORTS PUBLIC HEARING ORDINANCE NO. 2003 -07 Regular Assembly Meeting Volume XXVIII Page 126 Mayor LeDoux reconvened the regular meeting. Assemblymember Stevens explained the problem with securing a quorum on both committees. He said expanding the membership on the Parks and Recreation Committee would help with that struggle. VOTE ON MOTION Ayes: Abell, Bonney, Branson, Heinrichs, Razo, Stevens Noes: None Absent: Wells MOTION CARRIED: Unanimous BOROUGH MANAGER'S REPORT Manager Carlson said progress was being made on the tide gate; however, construction would not start this season. He reported on the street light projects at the end of Spruce Cape Road and North Star Elementary School. He noted a letter to the Department of Natural Resources regarding the Land Use Area Plan that was distributed to the Assembly. MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux extended her condolences to the families of Edna Hester and Rudy Sundberg. She said the Ouzinkie Cultural Center opening ceremony would be on Friday, October 10 and thought it a great opportunity for the Assembly to join in the celebration. UNFINISHED BUSINESS None. NEW BUSINESS A. CONTRACTS 1. Contract No. 2003 -34 Purchase of a Used Hyster H280XL Forklift. RAZO, seconded by BRANSON Manager Carlson said this would enable the landfill staff to safely, effectively, and efficiently process community metals for recycling. VOTE ON MOTION TO AWARD Ayes: Bonney, Branson, Heinrichs, Razo, Stevens, Abell Noes: None Absent: Wells MOTION CARRIED: Unanimous Regular Assembly Meeting Volume XXVIII October 2, 2003 moved to approve Contract No. 2003 -34 with B &J Lift Truck Services of Anchorage, AK in an amount not to exceed $69,995. BOROUGH MANAGER'S REPORT MESSAGES FROM THE BOROUGH MAYOR UNFINISHED BUSINESS NEW BUSINESS CONTRACTS CONTRACT NO. 2003 -34 Page 127 2. Contract No. 2003 -35 Purchase of a Linkbelt 210LX. HEINRICHS, seconded by BONNEY B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS HEINRICHS, seconded by BONNEY VOTE ON MOTION Ayes: RAZO, seconded by BRANSON October 2, 2003 moved to approve Contract No. 2003 -35 with Yukon Equipment of Anchorage, AK in an amount not to exceed $143,422. Manager Carlson said an excavator would allow staff to load vans for metal recycling shipments in a safe, effective, and efficient manner. VOTE ON MOTION TO AWARD Ayes: Branson, Heinrichs, Razo, Stevens, Abell, Bonney Noes: None Absent: Wells MOTION CARRIED: Unanimous 1. Confirmation of Mayoral Appointment to the Planning and P&PC Zoning Commission. APPOINTMENT moved to postpone the consideration of this item to the next regular Assembly meeting. Heinrichs, Razo, Stevens, Abell, Bonney, Branson Noes: None Absent: Wells MOTION CARRIED: Unanimous 2. October 7, 2003 Regular Municipal Election Workers. moved to approve the regular election workers as submitted by the Borough Election Supervisor. VOTE ON MOTION Unanimous voice vote CONTRACT NO. 2003 -35 RESOLUTIONS ORDINANCES FOR INTRODUCTION OTHER ITEMS REGULAR MUNICIPAL ELECTION WORKERS 3. Authorization for Manager to Expend Funds for Work AUTHORIZATION Conducted on Behalf of the EVOS Kodiak Waste FOR MANAGER TO Management Project - Scrap Metal Consolidation and EXPEND FUNDS Fluid Removal in Port Lions. Regular Assembly Meeting Volume XXVIII Page 128 RAZO, seconded by BRANSON ROLL CALL VOTE Noes: Absent: MOTION CARRIED RAZO, seconded by BONNEY Regular Assembly Meeting October 2, 2003 moved to authorize the Manager to expend an amount not to exceed $15,652.52 for work conducted on behalf of the EVOS Kodiak Waste Management Project - scrap metal consolidation and fluid removal in Port Lions. Manager Carlson recognized Tracy Mitchell and Bud Cassidy for their hard work on this project. This would utilize the EVOS grant for the administration of a metal consolidation and fluid removal from Port Lions. This gave the opportunity to work with the community to utilize their local labor. Ayes: Razo, Stevens, Abell, Bonney, Branson, Heinrichs None Wells Unanimous 4. APPEAL TO THE ASSEMBLY - FINDINGS OF FACT An Appeal of the Planning and Zoning Commission's Decision on Case No. 03 -003 GRANTING Preliminary Approval of the Vacation and Replat of Woodland Acres, Lots A1A, A1B, A1C and Erwin Estates, Lot 1, Creating Erwin Estates, USS 1682, Lots 1A, 4, 5, 6, 7 Including the Vacation of a Five (5) Foot Portion of a Fifteen (15) Foot Pedestrian Access Easement Over a Portion of Lot 1, Erwin Estates and the Amendment of a Plat Note, per Plats 99 -23, 98 -21 and 95 -23 to Eliminate a Prohibition on Structural Development, and Creating a Forty (40) Foot Private Drive Access Road. (Applicant /Appellant: Ron and Maria Painter) Mayor LeDoux explained that this was a continuation of the September 4, 2003 proceedings of the Appeal to the Assembly. At the last meeting, the Assembly affirmed in part the decision of the Planning and Zoning Commission, requiring conditions of approval numbered two through ten and reverse as to condition one, so as to require that existing plat note language in its entirety continue on any vacation and replat of the real property in issue. moved to adopt the findings of fact and conclusions supporting the September 4, 2003 Assembly decision on the Appeal to the Assembly to affirm in part the decision of the Planning and Zoning Commission, requiring conditions of approval numbered two through ten and reverse as to condition one, so as to APPEAL TO THE ASSEMBLY - FINDINGS OF FACT Volume XXVIII Page 129 Clerk Nielsen noted the Assembly was presented with the findings of fact and asked if they wanted to reference them. RAZO, seconded by ABELL VOTE ON MOTION TO AMEND Ayes: Noes: Absent: MOTION CARRIED: VOTE ON MAIN MOTION AS AMENDED Ayes: Noes: Absent: require that existing plat note language in its entirety continue on any vacation and replat of the real property in issue. None Wells Unanimous Wells MOTION CARRIED: Unanimous moved to amend the motion to incorporate by reference the eight -paged document setting out in detail the findings of fact that accompanied this appeal. Stevens, Abell, Bonney, Branson, Heinrichs, Razo Abell, Bonney, Branson, Heinrichs, Razo, Stevens None Mayor LeDoux announced the Assembly's decision shall be mailed to the parties to the appeal within ten working days after the appeal decision and approval of findings of fact. Any person aggrieved by the Assembly's decision on the Appeal to the Assembly under this chapter, may appeal that decision to the superior court. An appeal to superior court shall be heard solely on the record before the Appeal to the Assembly. The appeal procedure shall be governed by the rules set forth in part six of the Rules of Appellate Procedure for the State of Alaska. Clerk Nielsen said the findings of fact as adopted were part of the public record and were available to the public. CITIZENS COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Razo thanked Mr. Sutliff for his dedication on the tide gate issue. Assemblymember Abell said the Kodiak swimming pool condition summary and study for future expansion options was received and encouraged the voters to be involved in the issue. CITIZENS COMMENTS ASSEMBLYMEMBER COMMENTS Regular Assembly Meeting Volume XXVIII October 2, 2003 Page 130 Assemblymember Stevens thanked Manager Carlson, Mayor LeDoux, and others for participating in the Alaska State Chamber of Commerce Conference in Kodiak. He had the opportunity to discuss the Alaska Region Research Vessel replacement with Ann Ringstad, Special Assistant to the President of the U of A. Assemblymember Heinrichs was pleased to see the Hispanic community recognized. He thanked Manager Carlson for the pool analysis and hoped that would lead to an informed decision. He encouraged everyone to vote at the October 7 election. Assemblymember Branson was pleased with the Hispanic Heritage proclamation. She encouraged everyone to vote. Mayor LeDoux announced the Assembly would meet in a work session on Thursday, October 9 at 7:30 p.m. in the Borough conference room; and a regular meeting on Thursday, October 16 at 7:30 p.m. in the assembly chambers. She encouraged everyone to vote and noted absentee voting was available through October 6 in the Borough Clerk's office. She thanked the election workers for being generous with their time during the election process. ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 8:35 p.m. ATTEST: Judith A. Niel Borough Clerk October 2, 2003 A Gabrielle L -Doux, Mayor Approved: 11/20/2003 ADJOURNMENT Regular Assembly Meeting Volume XXVIII Page 131