Loading...
07/17/2008 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting July 17, 2008 A regular meeting of the Kodiak Island Borough Assembly was held July 17, 2008 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 John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular meeting minutes of June 5, 2008 were approved under the consent agenda. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS Nick Troxell expressed his disappointment with the Solid Waste Management Plan submitted by Bell & Associates, specifically their lack of addressing involvement of private enterprise and metals at the landfill. He was not in support of the rezone in the Russian Creek Subdivision to Business zoning. Julie Bonney, Al Burch, and Lisa Johnson spoke in support of Resolution No. FY2009 -02. Robin Haight spoke on behalf of the Kodiak Bed & Breakfast Association requesting that the Borough postpone the request for funding until the Association had a complete plan. COMMITTEE REPORTS None. PUBLIC HEARING A. Ordinance No. FY2009 -02 Rezoning a Portion of Lot 1A -3, U.S. Survey 3465 From PL- Public Use Lands To RR1- Rural Residential One Zoning District. (P &Z Case 07 -001.) BRANSON moved to adopt Ordinance No. FY2009 -02. The Planning and Zoning Commission and the Borough Assembly previously approved the disposal of the Borough land to the adjacent landowner. The rezone case simply changed the zoning of the parcel and it would be zoned into the same district as the zoning of the landowners parcel. The portion of KIB land that was being disposed to the private party would be rezoned from PL- Public Use Lands to RR1- Rural Residential One. Kodiak Island Borough Assembly Minutes July 17, 2008 Page 567 Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. BRANSON moved to adopt Ordinance No. FY2009 -02. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Friend, Lynch, Oswalt and Stutes. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Invitation for the Chamber of Commerce Business After Hours scheduled for July 25, 2008 at Alaska Pacific Seafoods. A tour of the processing plant would be made available. • Junk vehicle program processed over 200 vehicles, exhausting the budget for the year. • Schools construction projects had progressed well and school facilities were on schedule. • Stuart McDonald, Superintendent of KIBSD addressed the Assembly outlining the progress of the high school master plan. He also handed out the KIBSD Philosophy of Education. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions A. Resolution No. FY2009 -01 Approving Fiscal Year 2009 Kodiak Island Borough Non - Profit Funding. JEFFREY moved to adopt Resolution No. FY2009 -01. The resolution was the framework in which the Assembly distributed the Borough funds set aside in the Fiscal Year 2009 budget to various non - profit agencies. It was recommended to fund the agencies at the FY2008 level. FRIEND moved to amend Resolution No. FY2009 -01 to reflect the Kodiak Island Sportsman Association funding level of $4,000 rather than the $3,000 as mistakenly submitted. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes and Abell. Assembly member Abell requested that financials be submitted by agencies that do not have the proper paperwork on file. Assembly member Branson reported that her intent would be to increase funding at approximately 25% to the non - profits next year. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. B. Resolution No. FY2009 -02 Urging Federal Funding of Observer Coverage in the Gulf of Alaska. STUTES moved to adopt Resolution No. FY2009 -02. Kodiak Island Borough Assembly Minutes July 17, 2008 Page 568 The Kodiak Fisheries Advisory Committee (KFAC) reviewed and discussed Resolution No. FY2009 -02 at their last three meetings. The committee did not have a quorum at any of those meetings and would not meet again until the end of August. At the most recent meeting, the Committee discussed taking an e-mail vote on the resolution, but after speaking with the Borough Clerk, it was determined that it was not an acceptable method of recommending approval of the resolution to the City Council and Borough Assembly. As an alternative, the resolution was forwarded from the KFAC. No one was opposed to the concept behind the resolution at any of the three KFAC meetings at which the resolution was discussed. The reason for not waiting for the August meeting of the KFAC was to get the resolution to the Alaska Congressional delegation as soon as possible, with the hope that federal funding could be secured in federal fiscal year 2010. Observer coverage in the Gulf of Alaska costs the industry approximately $4 million per year, so each year of delay costs the industry a significant amount of money. Assembly members Stutes and Jeffrey were in support of the observer program being federally funded. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, Branson, and Friend. C. Resolution No. FY2009 -03 Approving Fiscal Year 2009 Support to the Kodiak Island Bed and Breakfast Association. ABELL moved to adopt Resolution No. FY2009 -03. The resolution would allocate part of the bed tax proceeds to the Kodiak Island Bed and Breakfast Association enabling them to market the bed and breakfasts located within the Kodiak Island Borough. Their request was for funding between $15,000 and $20,000. Abell moved to postpone Resolution No. FY2009 -03 to the September 4, 2008 Regular Meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, Friend, and Jeffrey. Ordinances for Introduction A. Ordinance No. FY2009 -01A Amending Ordinance No. FY2009 -01 to Appropriate Funds for the Purpose of Providing Information on Ballot Proposition No. 1. OSWALT moved to adopt Ordinance No. FY2009 -01A in first reading to advance to public hearing on August 7, 2008. The Assembly's wish was to release accurate information regarding Proposition No. 1 to effectively communicate the changes regarding the recent 2008 financial disclosure laws that had become intrusive and inform the public that the proposition would instead require municipal officers to file a less intrusive KIB financial disclosure form. The KIB was required by Alaska Statutes to specifically appropriate the funding by ordinance. Alaska Statutes Section 15.13.145(4b) states "money held by a municipality may be used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a municipal ordinance." Assembly member Jeffrey felt that the Ordinance was important in order to inform the public about the issue. Kodiak Island Borough Assembly Minutes July 17, 2008 Page 569 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Friend, Jeffrey, and Lynch. B. Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District (P &Z Case 08 -023.) BRANSON moved to adopt Ordinance No. FY2009 -03 in first reading to advance to public hearing on August 7, 2008. The commission recommended four lots, totaling approximately 20 acres, located in the B- Business zoned "island" in Women's Bay, be rezoned to RR1 — Rural Residential One. The Commission found that while businesses fronting Rezanof Drive (including business ventures from Speedy Kraft store down to Rendezvous) were thriving, the back side of the B — Business zone "island" and fronting South Russian Creek Road (where the parcels reside) have languished to meet their full potential. Assembly member Jeffrey felt that the public wanted more residential lots on the market. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Branson, Friend, Jeffrey, Lynch, and Oswalt. C. Ordinance No. FY2009 -04 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island Borough Coastal Management Program Plan Update. STUTES moved to adopt Ordinance No. FY2009 -04 in first reading to advance to public hearing on August 7, 2008. The consultant, the Planning & Zoning Commission, and staff worked to develop a plan that expressed the wishes and desires of borough residents regarding future development in the coastal areas of the Kodiak region. The plan was approved by the Alaska Department of Natural Resources (ADNR) and the Federal Office of Coastal Resource Management (OCRM) so it was not possible to consider any further amendments at the time. To make the plan enforceable and restore the borough's "place at the table" during coastal project reviews, it was contingent upon the adoption of the plan update. As a second class borough, KIB has land use regulation authority through its planning and zoning powers. There are many exceptions where that authority does not extend such as off- shore (within the borough 3 -mile boundary limit), on the Coast Guard Base, at the Kodiak Launch Complex, etc. In many instances the KIB Coastal Management Program, and the related State of Alaska Regulations from which they are derived, may have more to do with development located outside of established communities than the local zoning authority. Staff recommended the adoption of the KIB passage of the ordinance for codification. ROLL CALL VOTE ON MOTION CARRIED Lynch, Oswalt, and Stutes. Coastal Management Program Plan Update and UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Kodiak Island Borough Assembly Minutes July 17, 2008 Page 570 Other Items A. Declaring a Seat on the Service Area No. 1 Board Vacant. BRANSON moved to declare, with regret, the seat held by Peggy Tuttle on the Service Area No. 1 Board for a term to expire October 2009 vacant. Ms. Peggy Tuttle and her family moved from Kodiak in June 2008. A resignation letter was not submitted and the Board had not notified the Clerk's office of the resignation. Service Area No. 1 Board and staff were informed that the item was on the agenda. FRIEND moved to amend the motion to reflect direction to the Borough Clerk to advertise the seat as set forth in KIB code. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. B. Declaring a Seat on the Womens Bay Service Area Board Vacant. JEFFREY moved to accept, with regret, the resignation of John Spencer Schaeffer from the Womens Bay Service Area Board for a term to expire October 2008 and directed the Borough Clerk to advertise the vacancy per borough code. Mr. John Spencer Schaeffer submitted his letter of resignation to the Womens Bay Service Area Board effective June 30, 2008. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. CITIZENS' COMMENTS Al Burch, Alaska White Fish Trawlers Association, thanked the Borough for its support with Resolution No. FY2009 -02. ASSEMBLY MEMBER COMMENTS Assembly Member Lynch thanked the Manager for the good job with the junk cars program; and staff with the presentation from Bell & Associates. Assembly member Stutes thanked Mr. McDonald for his KIBSD update. Assembly member Branson had no comment. Assembly member Abell commented about the Bell & Associates Study and the lack of communication between staff and Assembly. He specifically addressed the metals problem with the landfill and the importance of taking time to pursue different options. Assembly member Oswalt remarked that he would like to see the landfill privatized. Assembly member Friend shared information that Hawaii was having garbage problems with the cost of shipping. Kodiak Island Borough Assembly Minutes July 17, 2008 Page 571 Assembly member Jeffrey agreed that garbage was a hot issue. Ms. Jeffrey suggested that the public become involved in the process and make their comments known. Mayor Selby announced the next Assembly work session would be held on Thursday, July 31, 2008 at 7:30 p.m. in the Borough Conference Room and the next Regular Assembly Meeting would be held on Thursday, August 7, 2008 at 7:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION A. Borough Manager's Performance Evaluation JEFFREY moved to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, Branson, and Friend. Mayor Selby invited the Assembly members and Manager to join in executive session. Mayor Selby recessed the regular meeting at 8:20 p.m. and convened the executive session. Mayor Selby reconvened the regular meeting at 9:25 p.m. ABELL moved to increase Manager Gifford's salary by $5,000 and award a $5,000 bonus retroactive to his anniversary date of May 24, 2008. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Lynch, Stutes, Abell, Branson, Friend, and Jeffrey (Ayes); Oswalt (No). ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Friend, Jeffrey, and Lynch. The meeting adjourned at 9:26 p.m. ATTEST: Nova M. Javier, CMC, Bor• gh Clerk Kodiak Island Borough July 17, 2008 KODIAK ISLAND BOROUGH i1 M. Selby, Ma Approved: August 7, 2008 Assembly Minutes Page 572