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12/04/2008 Regular Meeting1 KODIAK ISLAND BOROUGH Assembly Regular Meeting December 4, 2008 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, December 4, 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 Pat Branson (arrived at 7:40 p.m.), Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. Mayor Selby noted that Assembly member Branson would be arriving late. FRIEND moved to excuse Assembly member Branson who is was out on personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA FRIEND moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES FULP moved to approve regular meeting minutes of November 6, 2008. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. AWARDS AND PRESENTATIONS Mayor Selby presented the Student of the Month Award to Cimone Trout, a senior at the Kodiak High School. CITIZENS' COMMENTS Barry Altenhof, Solid Waste Advisory Board (SWAB) Chairperson, updated the Assembly on the following issues: waste management plan, solid waste collection, and Bells Flats residents' concerns. He wanted to get the solid waste collection RFP reviewed thoroughly. He noted the State should look into some form of coastal recycling initiative. SWAB was planning to hold public forums to educate the public about recycling and dumpsters issues. He would like to see enforcement addressed. Mel Stephens addressed KIBC 3.10.130 Education fund. He would like the Assembly to make sure that these funds are not comingled with the other funds of the Borough since they are flexible funds that can be used for non -area wide purposes. Kodiak Island Borough Assembly Minutes December 4, 2008 Page 613 i 1 COMMITTEE REPORTS - None. PUBLIC HEARING A. Ordinance No. FY2009 -10 Rezoning Proposed Tract F Within US Survey 2261 and US Survey 4947 From C- Conservation To Li- Light Industrial Zoning District (Case 09 -002.) JEFFREY moved to adopt Ordinance No. FY2009 -10. With the rezoning of Tract F to LI —Light Industrial Zone, all the development occurring at the Trident Basin Seaplane base, upland and tideland, would fall within one zoning district LI -Light Industrial District. The city's upland development of this area had been allowed to occur under a conditional use in the C- Conservation District. Rezoning Tract F into LI -Light Industrial would allow for a number of uses that were not permitted in the C- Conservation district. This rezone was consistent with the Kodiak Island Borough Comprehensive Plan. The Planning and Zoning Commission recommended approval of this request after conducting a public meeting and composed findings of fact for its decision. 20 Public Hearing notices were mailed out on November 10, 2008; none were returned. Mayor Selby opened the public hearing. Seeing and hearing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. B. Ordinance No. FY2009 -11 Rezoning a Tract of Land in the Larsen Bay Townsite Legally Described as Tract A, Block 3, Lot 1 From R1- Single Family Residential To B- Business District (Case No. 03 -011.) STUTES moved to adopt Ordinance No. FY2009 -11. The Community Development Department received the rezone case in 2003. It was postponed by the Planning and Zoning Commission until after the completion of the Borough's Comprehensive Plan. Upon completion of this planning effort, the Planning and Zoning Commission traveled to Larsen Bay in May of 2008 and again in September to hold public hearings on the request. There were a number of parcels requested in the rezone. After public testimony, the commission recommended one of the lots which is the parcel where the existing Uyak Bay Lodge was located. The applicant was in agreement with the Commission's decision. After the September 20, 2008 public meeting in Larsen Bay and after receiving significant community public testimony, the Planning and Zoning Commission forwarded the case to the Borough Assembly with the recommendation to approve Larsen Bay Townsite, Tract A, Block 3, Lot 1 request for rezoning. The Commission's "findings of fact" supporting its decision was incorporated into an ordinance prepared for the Assembly. 28 Public Hearing notices were mailed out on November 10, 2008; none were returned. Mayor Selby opened the public hearing. Seeing and hearing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. Kodiak Island Borough Assembly Minutes December 4, 2008 Page 614 1 C. Ordinance No. FY2009 -12 Amending Kodiak Island Borough Code of Ordinances Title 15 Buildings And Construction to Standardize the Kodiak Island Borough and the City of Kodiak Building Codes. FRIEND moved to adopt Ordinance No. FY2009 -12. The Kodiak Island Borough and the City of Kodiak operate a combined building inspection program and agreed to coordinate the building codes adopted by each of the local governments in order to ensure continuity throughout the jurisdiction of the joint program. A joint Borough /City committee met to review the building codes adopted by the Borough and City, and recommended the Borough Assembly and City Council adopt updated versions of the building and fire codes. Mayor Selby opened the public hearing. Seeing and hearing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. BOROUGH MANAGER'S REPORT Administrative Office Cassidy reported that Manager Gifford would be out of town until Monday, December 8, 2008. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby expressed concern regarding the high energy costs both for gasoline and oil. He intended to approach the Alaska Municipal League for a possible investment pool to generate discussion. Clerk Javier asked if the Assembly would recess for their photo taking session. FRIEND moved to recess for approximately 15 or 20 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting reconvened at 8:05 p.m. NEW BUSINESS Contracts — None. Resolutions 1. Resolution No. FY2009 -13 Adopting a 2009 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. BRANSON moved to adopt Resolution No. FY2009 -13. As a regional government, the Kodiak Island Borough represents the communities of the Kodiak Island Archipelago. These communities include the City of Kodiak, City of Akhiok, City of Larsen Bay, City of Old Harbor, City of Ouzinkie, City of Port Lions, and the community of Karluk. There are improvements and infrastructures needed in these communities such as docks, airports, community utilities, and facilities. Kodiak Island Borough Assembly Minutes December 4, 2008 Page 615 1 Project needs were indentified and prioritized by each community and forwarded to the Kodiak Island Borough by resolution for inclusion into the 2009 State Legislative Capital Improvement Projects Priority List to be sent to the governor and state legislative delegation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. 2. Resolution No. FY2009 -14 Adopting the Kodiak Island Borough All Hazard Mitigation Plan and All Local Community Annexes to that Plan. JEFFREY moved to adopt Resolution No. FY2009 -14. With the assistance and participation of communities within the Kodiak Island Borough (KIB), the KIB Community Development Department obtained approval of the KIB Hazard Mitigation Plan by the Federal Emergency Management Agency (FEMA). FEMA approval of these local community annexes concluded the work on Phase II of the borough's hazard mitigation planning effort. All that remained to make this multi - jurisdictional plan effective was for the Kodiak Island Borough and each incorporated community within the borough to adopt their respective community annex as well as the overall plan. The need for a multi- jurisdictional hazard mitigation plan in the borough dated back to November 2004. FEMA amended its policy by requiring that all states and local communities have a FEMA approved hazard mitigation plan in order to be eligible for FEMA Pre - Hazard and Post Disaster Mitigation funding. It was a requirement of FEMA to complete the adoption process before December 30, 2008 when the planning grant would expire. In order to facilitate the adoption timeline, KIB staff presented a compilation of plan chapters, some of which may be designated as draft. These chapters were the FEMA approved versions of the plan which required some reformatting or editing into a single final document once the plan was approved and in effect. For this reason complete copies of the plan were provided on a limited, as- needed, basis until the final edits could be completed. KIB staff recommended that the FEMA approved plan and associated annexes be approved in this draft format (as they were submitted to FEMA) so that the content of the plans could become fully effective for the Kodiak Island Borough and all incorporated communities within the borough. Any substantive changes needed in the plan or annexes would be documented for incorporation in the next plan revision cycle. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. Ordinances for Introduction 1. Ordinance No. FY2009 -13 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.35 Real Property Tax Section 3.35.080 Reserve Policies. JEFFREY moved to adopt Ordinance No. FY2009 -13 in first reading to advance to public hearing at the next regular meeting of the Assembly. To remain consistent with other jurisdictions, the Kodiak Island Borough Assessor's Office seeks to amend KIBC 3.35.080 by requiring applicants for exemption from real property taxes to comply with AS 29.45.030(f). The applicant must have been eligible for a Permanent Fund Dividend under AS 43.23.005 for that same year or for the immediately preceding year; or if the Kodiak Island Borough Assembly Minutes December 4, 2008 Page 616 1 1 1 individual had not or did not apply, the individual would have been eligible for one of the PFDs had they applied. Questions arose regarding AS 43.23.005(d) felony and misdemeanor convictions of individuals. Direction was given for Staff to look into this closer and possibly draft an amendment to include an appeal process. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. 2. Ordinance No. FY2009-01C Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. FRIEND moved to adopt Ordinance No. FY2009-01C in first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance • budgeted $12,000 for the school crossing guard program. • increased the Clerk's department $3,000 to cover APOC costs. • increased the child care assistance department $1,000 to $102,048. This was due to an increase in the State grant. • increased L.E.P.C. department $16,000 to $33,800. This was due to an increase in the State grant. • transferred $24,000 from the General Fund to the Borough Capital Projects fund to pay part of the costs to upgrade the New World Systems financial software from an AS400 platform to a .net platform. • transferred $160,530 from the Debt Service Other fund to Borough Capital Projects to pay the majority of costs to upgrade the New World Systems financial software from an AS400 platform to a .net platform. • transferred $10,000 from the Debt Service Other fund to the Debt Service fund to cover a $9,862 deficit • the Borough had taken the responsibility for the Hospital access and parking project, the foundation for the new clinic project, and the Providence Leasehold project. The total of these projects was $5,186,542. The sources of revenue were listed on the budget ordinance. • increased the Solid Waste Disposal fund $600,000. In FY2008 closure /post - closure costs were $819,143 but only $200,000 was budgeted for these costs in FY2009. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. Other Items 1. Mayoral Appointments of Assembly Representatives to Boards and Committees. STUTES moved to confirm the Mayoral appointments of Assembly member representatives to boards, committees, commissions, and councils. Architectural Review Board Jerrol Friend Joint Building Code Review Committee Jerrol Friend Kodiak College Council Judy Fulp Kodiak Fisheries Advisory Committee Sue Jeffrey Parks and Recreation Committee Dave Kaplan Kodiak Island Borough Assembly Minutes December 4, 2008 Page 617 Providence Health System Service Area Board Providence Kodiak Island Counseling Center Advisory Council School District Budget Advisory Committee School District Facilities Review Committee School District Strategic Planning Committee Solid Waste Advisory Board Mayor Selby serves on the Economic Development Committee and Emergency Services Council Mayor Selby asked that the Assembly confirm the appointments of Assembly member representatives to Boards, Committees, Commissions, and Councils. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. 2. Confirmation of Mayoral /Assembly Appointments to Different Boards, Committees, and Commissions. JEFFREY moved to confirm the Mayoral and Assembly appointments to different boards, committees, and commissions as follows: MAYORAL APPOINTMENTS Arts Council Advisory Board Cecelia A. Esparza to the seat to expire 2011 Sara Bruce to the seat to expire 2011 Parks and Recreation Committee Kevin Foster and Mike Sirofchuck to the seats to expire 2011 Planning and Zoning Commission Erin Harrington and Jim Purdy to the seats to expire 2011 Alan Torres to the seat to expire 2010 Solid Waste Advisory Board Barry Altenhof to the seat to expire 2011 Board of Equalization Cassandra Juenger to the seat to expire 2011 ASSEMBLY APPOINTMENTS Pat Branson Louise Stutes Dave Kaplan Chris Lynch Sue Jeffrey Chris Lynch Monashka Road Service Area Board Chaz Glagolich to the seat to expire 2011 - (This recommendation was based on a conversation with Clerk Javier. Mr. Glagolich expressed his desire to assume the seat declined by Mr. Withrow.) ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. Kodiak Island Borough Assembly Minutes December 4, 2008 Page 618 1 3. Recommendation for Appointment to Board Seats on the Providence Health System Kodiak Island Service Area Community Board. STUTES moved to recommend the appointment of Ken Knowles and Steven Honnold to the Providence Kodiak Island Service Area Community Board. Providence Kodiak Island Medical Center submitted the names of Ken Knowles and Steven Honnold to the Providence Kodiak Island Service Area Community Board. Per Contract No. 97 -07A: An advisory board meeting the requirements of 7AAC 13.030(a) will be appointed by Providence. One assembly member shall be appointed by Providence as a full voting member of the advisory board, and Providence shall give the borough the opportunity for review and comment before appointments to the advisory board are made. Ms. Branson was the Assembly representative, appointed under Item 13.D.1. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Fulp. CITIZENS' COMMENTS - None. ASSEMBLY MEMBER COMMENTS Assembly member Lynch congratulated Cimone Trout. She commented about the public comments during the SWAB meeting and hoped that the attitudes would remain positive instead of inhibiting the plan. She would like the Board to move forward in developing a long term plan. She also commented on the need for enforcement and asked that it needed to be discussed at the Strategic Planning meeting. Assembly member Stutes congratulated Cimone Trout. She thanked the SWAB for its hard work especially Chair Altenhoff. Assembly member Kaplan congratulated Cimone Trout and concurred with the comments of Mayor Selby regarding energy costs. Assembly member Friend congratulated Cimone Trout. He also would like the enforcement issue discussed. Assembly member Jeffrey congratulated Cimone Trout. She agreed that the public needs to be informed about solid wasted. She would like to see the Exxon Funds /Education Fund discussed at a future work session. She thanked all the volunteers for their time and expertise. Assembly member Fulp congratulated Cimone Trout. She would like to discuss the following in the future: junk vehicles and smoke free Kodiak. She hoped for increased tourism in Kodiak. Assembly member Branson just returned from her trip to Anchorage for the Alaska Commission on Aging. She noted the Governor's budget would be out on December 15. She agreed that the fuel investment pool was a great idea. She also thanked the volunteers. Kodiak Island Borough Assembly Minutes December 4, 2008 Page 619 1 Announcements The Mayor announced that the Kodiak Island Borough would be hosting the Kodiak Island Mayor's Conference on Friday, December 12 at 11 a.m. in the Borough Conference Room. The Kodiak Island Borough, in coordination with the Kodiak College, would be presenting a workshop titled "Board Forums" to be held at the Kodiak College, Benny Benson Room 106 on Saturday, December 13, 2008 from 9:30 a.m. to 12:30 p.m. The Borough Clerk's Office Staff would be holding training on Parliamentary Procedures and Open Meetings Act from 1:30 p.m. to 4 p.m. The workshop would be free Kodiak Island Borough boards, committees, and commissions including staff, and any interested community members. Seating was limited so those interested in attending were asked to RSVP with the Clerk's office at 486 -9310. The next work session was scheduled on Thursday, December 11 at 7:30 p.m. in the Borough Conference Room and the regular meeting was scheduled on Thursday, December 18 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fuip. The meeting adjourned at 8:50 p.m. ATTEST: I � Nova M. Javier� , C C, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Mayor Approved: /42/ /g /o? Kodiak Island Borough Assembly Minutes December 4, 2008 Page 620