2017-06-21 Joint Work SessionPage
CITY COUNCIL - BOROUGH ASSEMBLY
JOINT WORK SESSION AGENDA
Wednesday, June 21, 2017
Kodiak Library Multi -Purpose Room
7:30 p.m.
(Borough Chairing)
Joint work sessions are informal meetings of the Borough Assembly and City Council
where elected officials discuss issues that affect both Borough and City governments
and residents. Although additional items not listed on the joint work session agenda
are sometimes discussed when introduced by elected officials, staff, or members of
the public, no formal action is taken at joint work sessions and items that require
formal action are placed on a regular Borough Assembly and/or City Council meeting
agenda. Public comments at work sessions are NOT considered part of the official
record. Public comments intended for the 'official record" should be made at a regular
Borough Assembly or City Council meeting.
Public Comments
2-13 a. Agenda Packet For This Joint Work Session
20170621 iws packet
Agenda Items
a. Legislators Visit to Kodiak (Representative Stutes via
teleconference)
Water and Sewer Infrastructure Presentation
C. Discussion of Ordinance to Reduce the Use of Disposable Plastic
Shopping Bags
Fisheries Work Group Update
e. Opioid Community Action Plan
Tobacco Tax(KIB)
Future Discussion Items
a. Natives of Kodiak Land Development
b. Accessory Dwelling Units Update
C. Marijuana Regulations Update
d. Introduction of Kodiak Wildlife Refuge Manager
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AGENDA ITEM #1.a.
CITY COUNCIL - BOROUGH ASSEMBLY
JOINT WORK SESSION AGENDA
Wednesday, June 21, 2017
Kodiak Library Multi -Purpose Room
7:30 p.m.
(City Chairing)
Joint work sessions are informal meetings of the Borough Assembly and City Council
where elected officials discuss issues that affect both Borough and City governments
and residents. Although additional items not listed on the joint work session agenda
are sometimes discussed when introduced by elected officials, staff, or members of
the public, no formal action is taken at joint work sessions and items that require
formal action are placed on a regular Borough Assembly and/or City Council meeting
agenda. Public comments at work sessions are NOT considered part of the official
record. Public comments intended for the "official record" should be made at a regular
Borough Assembly or City Council meeting.
1. Public Comments
2. Agenda Items
a) Legislators Visit to Kodiak (Representative Stutes via
teleconference)
b) Water and Sewer Infrastructure Presentation ...........................1
c) Discussion of Ordinance to Reduce the Use of Disposable
Plastic Shopping Bags..................................................................5
d) Fisheries Work Group Update
e) Opioid Community Action Plan
f) Tobacco Tax (KIB)
3. Future Discussion Items
a)
Natives of Kodiak Land Development
b)
Accessory Dwelling Units Update
c)
Marijuana Regulations Update
d)
Introduction of Kodiak Wildlife Refuge Manager
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Agenda Packet For This Joint Work Session
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Agenda Packet For This Joint Work Session
Kodiak Island Borough
Solid Waste Advisory Board
710 Mill Bay Road
Kodiak, Alaska 99615
Reduce Reuse Recycle
Date: June 6, 2017
To: Borough Mayor Dan Rohrer, Borough Assembly Members, Borough
Manager Michael Powers, Borough Clerk Nova Javier
From: Nick Szabo, Chairman
RE: Plastic Bag Ordinance
The Solid Waste Advisory Board (SWAB) met on June 5, 2017 and voted to
recommend the adoption of the attached ordinance banning the distribution of
disposable plastic shopping bags in Kodiak. Several members of the public
attended the meeting and spoke in favor of the ordinance. The passage of the
ordinance is also supported by the Borough Engineering and Facilities
Department.
As most of the retail establishments are within the Kodiak city limits, the SWAB
recommends that the Borough Assembly meet with the Kodiak City Council to
urge their cooperation in adopting a similar ordinance for the City of Kodiak.
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fa
AGENDA ITEM #1.a.
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AGENDA ITEM #1.a.
Introduced by: Assembly Members Van Daele and Symmons
Drafted by: Assembly Member Van Daele and SWAB
Requested by: SWAB
Introduced on: xx June 2017
Adopted on:
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2017-XX
An Ordinance of the Assembly of the Kodiak Island Borough to reduce the use of disposable plastic
shopping bags.
WHEREAS, the use of disposable plastic shopping bags in Kodiak creates burdens on the local solid waste
disposal system and degrades the environment; and,
WHEREAS, to decrease the use of disposable plastic shopping bags in Kodiak, it is necessary to restrict
and mitigate such use; and,
WHEREAS, it is in the best interest of the Kodiak Island Borough and its residents to reduce the use of
disposable plastic shopping bags in Kodiak.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT:
Section 1: Kodiak Island Borough Code Title 8, is hereby enacted to read as follows:
Title 8.20.015 Disposable Plastic Shopping Bags
A. The purpose of this section is to reduce the generation of waste from disposable plastic shopping bags.
B. On February 14`h, 2018, disposable plastic shopping bags will no longer be permitted for distribution
in the Kodiak Island Borough.
C. Bags used by customers inside stores to package bulk items such as fruit, vegetables, nuts, grains,
candy, or small hardware items, such as washers and bolts; bags used to contain dampness or leaks from
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AGENDA ITEM #1.a.
items such as frozen foods, meat or fish, flowers or potted plants; bags used to protect prepared foods or
bakery goods; bags provided by pharmacists to contain prescription drugs; laundry or dry cleaning bags;
bags sold for consumer use off the seller's premises for such purposes as the collection and disposal of
garbage, pet waste, or yard waste; and newspaper bags are exempt from the requirements of this chapter.
D. For the immediate preservation of the public peace, health or safety the provisions of this chapter may
be suspended.
8.20.020 Definitions
As used in this chapter;
A. "litter" means all waste material of every kind and nature, including, but not limited to, disposable
packages, containers, or disposable plastic shopping bags, rubbish, garbage, junk, paper, paper products,
rock, gravel, or dirt. [Ord. 87-16-0 §2, 1987; Ord. 84-63-0, 1984; Ord. 82-49-0(A) §1, 1982. Formerly
§8.12.020].
B. "buyer" means a person who is a purchaser of goods or services.
C. "disposable plastic shopping bag" means a bag made from plastic and/or any plastic material marketed
or labeled as "biodegradable" or "compostable" that is not suitable for continuous reuse; if made of or
containing plastic and is less than 5 mils thick; is unable to be cleaned and disinfected regularly; and is
designed to carry customer purchases from the seller's premises. Paper bags are exempt from this
ordinance.
D. "seller" means a person includes persons who are vendors of property, persons furnishing services, and
all persons making sales, including goods and services.
Section 2: Section 1 of this Ordinance is of a permanent and general nature and shall be included in the
Kodiak Island Borough Code.
Section 3: This Ordinance shall take effect on February 14`h, 2018.
Adopted by the Assembly of the Kodiak Island Borough
This Day of 12017
Kodiak Island Borough Attest:
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Daniel A. Rohrer, Mayor
VOTES:
Ayes:
Noes:
Nova M. Javier, MMC, Clerk
AGENDA ITEM #1.a.
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CONFIDENTIALITY WAIVE BY THE
KIB ASSEMBLY AT THE JUNE 1, 2017
REGULAR MEETING
-------- Original message --------
From: Joe Levesque <ioe(tblevesquclaweroup.com>
Date: 05/31/2017 3:25 PM (GMT -09:00)
To: Michael Powers <n I)owers(i kodiakak.us>
Cc: 'Shelley Garey' <steelley(ii�levesquelaweroua.com>
Subject: RE: plastic bag ban
Michael:
First, there do not appear to be any prohibitions. So far, it appears that Bethel, Hooper Bay, Cordova
and Homer have all passed such laws. The Homer plastic bag ban reveals that an Ordinance was passed
by the City Council, the Ordinance was vetoed by the Mayor and then the veto was overridden by the
City Council; eventually, the voters overturned the ban at a subsequent election.
A similar law was introduced but not passed in the State of Alaska [HB1043 (2011)]. Based upon
information and belief, the Fairbanks North Star Borough passed a tax on plastic bags, but the Ordinance
appears to have been later rescinded.
For a Borough to implement such a ban on plastic bags areawide, the Borough would need the
respective cities within the Borough to transfer the power to the Borough or an areawide election can
be held approving the transfer of the additional power to the Borough. See: AS 29.35.300 (b) which
states:
(b) A second class borough acquires an additional power by transfer of the
power by the city or by holding an election on the question. For acquisition of
an areawide power, the election shall be held areawide. For acquisition of a
nonareawide power, the election shall be held nonareawide.
According to Title 29, a borough is statutorily provided three (3) Mandatory Areawide Powers. The
Mandatory Areawide Powers are (1) Education; (2) Assessment and Collection of Taxes; and (3) Land use
Regulation. See: Alaska Statutes 29.35. 150-180. As a second class Borough, KIB can also by
ordinance exercise a number of other powers, but only on a nonareawide basis. See: AS 29.35.210.
The need to acquire a transfer of the power from the city within the Borough or to hold an areawide
election, might explain why the Fairbanks North Star Borough originally implemented an areawide tax
on plastic bags. Word is that the Matanuska-Susitna Borough is also considering a tax on plastic bags.
Therefore, there do not appear to be any prohibitions. It appears that the Borough can reach its
objective to have an areawide ban on plastic bags three (3) different ways:
1. Areawide tax [Statutory Mandatory Areawide Power, AS 29.35.1701;
2. Obtain a transfer of the power from the respective cities with the Borough [AS 29.35.3101;
3. Hold an areawide election [AS 29.35.330].
I hope this email memo addresses and adequately responds to your questions. I remain available to
discuss further.
Thanks,
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Joe
Joseph N. Levesque
LEVESQUE LAW GROUP, LLC
3380 C Street, Suite 202
Anchorage, Alaska 99503
(907)261-8935
(907) 261-8931 (Direct line)
(907) 230-8126 (cell)
Email: icela7levesouelawarouo.com
This transmittal may be a confidential attomey-client communication or may otherwise be privileged or confidential. If you are not
the intended recipient, you are hereby notified that you have received this transmittal in error and that any review, dissemination,
distribution or copying of this transmittal is strictly prohibited. If you have received this communication in error, please notify us
immediately by reply or by telephone (collect at 907-261-8935) and Immediately delete this message and all of Its
attachments. Thank you.
From: Michael Powers fmailto:moowers@kodiakak.usl
Sent: Thursday, May 25, 2017 3:29 PM
To: Joe Levesque <)oe@levesouelawerouo.com>
Subject: plastic bag ban
Joe
The Assembly is wanting to consider banning plastic bags. We will need a legal opinion, especially
focusing on the impact of it on businesses within the City limits and any prohibitions that may exist.
Thanksl
Michael Powers
Borough Manager
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