08/01/2002 RMA regular meeting of the Kodiak Island Borough Assembly
was held August 1, 2002 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 Davis of the Salvation
Army, followed by the Pledge of Allegiance.
There were present: ROLL CALL
Mayor:
Gabrielle LeDoux
Assemblymembers:
Tom Abell
Tuck Bonney
Pat Branson
comprising a quorum of the Assembly; and
BRANSON,
seconded by RAZO
RAZO,
seconded by BONNEY
MOTION CARRIED
APPROVAL OF MINUTES
None.
Regular Assembly Meeting
August 1, 2002
KODIAK ISLAND BOROUGH
Regular Assembly Meeting
August 1, 2002
Pat Carlson, Manager
Nova Javier, Deputy Clerk
Laura Casey, Assistant Clerk
VOTE ON MOTION TO APPROVE
MOTION CARRIED
APPROVAL OF AGENDA
VOTE ON MOTION TO APPROVE AS AMENDED
Greg Razo
Darlene Turner
moved to excuse
Assemblymembers Heinrichs
and Stevens.
Unanimous voice vote
TURNER, moved to approve the
seconded by BRANSON agenda.
moved to amend the
agenda by adding Item
No. 13.D.1 Dr. Gary
Carver, Womens Bay
Community Council Report.
Unanimous voice vote
REGULAR MEETING
APPROVAL OF
AGENDA
APPROVAL OF
MINUTES
Volume XXVII
Page 229
AWARDS AND PRESENTATIONS
None.
CITIZENS COMMENTS
Doug Letch thanked the Assembly for supporting the Kodiak
Football League. He noted this would be the first year
for high school football. He invited everyone to attend
the first home game on August 24.
COMMITTEE REPORTS
Assembly Razo attended the Alaska Municipal League (AML)
Conference in Bethel where the legislative platform for
the next fiscal year was reviewed. He said Kodiak had a
good reputation among participants for active involvement
with AML.
Assemblymember Bonney considered the negative "letter to
the editor" in the Daily Mirror regarding the ATV
Committee to be false accusations. He strongly felt the
Committee was unbiased about ATV issues in Kodiak. He
would give a full report at the next meeting.
Assemblymember Turner attended the Providence Kodiak
Island Mental Health Center Advisory Board meeting. She
noted the center was fully staffed. A budget report would
be provided at the next regular Assembly meeting.
Assemblymember Branson reported that Jerome Selby would
continue as the Providence Kodiak Island Medical Center
administrator until a qualified person was hired.
PUBLIC HEARING
A. Ordinance No. 2002 -12 Amending Kodiak Island Borough
Code of Ordinances Title 7 Elections Chapter 7.30
Procedures for Conduct of Elections Section 7.30.030
Ballots - -Form and Amending Chapter 7.40 Canvassing
and Certification of Election Returns by Adding
Section 7.40.025 Simple Majority - -Votes Required for
Election to Office.
BRANSON, moved to adopt
seconded by TURNER Ordinance No. 2002 -12.
Deputy Clerk Javier said this removed the need to print
ballot numbers on ballots and thereby protect voter
privacy. This also eliminated the requirement for run -off
elections by providing that all borough offices are filled
by the candidate receiving the greatest number of votes.
Mayor LeDoux called for public testimony; hearing and
seeing none, she reconvened the regular meeting.
Regular Assembly Meeting
August 1, 2002
AWARDS AND
PRESENTATIONS
CITIZENS COMMENTS
COMMITTEE REPORTS
PUBLIC HEARING
ORDINANCE
NO. 2002 -12
Volume XXVII
Page
230
Assemblymember Razo commended Clerk Nielsen for her
diligence in ensuring that the Borough Code comply with
Alaska Statutes.
VOTE ON MOTION TO ADOPT
Ayes: Abell, Bonney, Branson,
Razo, Turner
Noes: None
Absent: Heinrichs, Stevens
MOTION CARRIED: Unanimous
BOROUGH MANAGER'S REPORT
Manager Carlson said Senator Ted Stevens acquired $77
million for economic development for fishing communities
including Kodiak and the outlying cities. The funding
would help with fiber optic access, a fisheries annex
building, and a number of other components of Kodiak's
existing economic development.
He reported that the Kodiak Football League would use
the field across from the Kodiak Area Native Association
building. He thanked the City of Kodiak for their help
in preparing the field.
He said the high school carpeting project should be
completed next week. The school gym floors refinish
projects would begin next week. The hospital roof was
repaired and the high school science lab roof repair was
started. The East Elementary School exterior painting was
complete.
He said the Department of Labor granted Safeway their
request for a contract for its stores that do not operate
a postal service. He noted that the Kodiak Safeway post
office would remain open and he was working with Senator
Stevens' office to clarify a report regarding Federal
Aviation Administration priority funding for the airport.
MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM THE
BOROUGH MAYOR
Mayor LeDoux also attended the AML Conference in Bethel
and participated in the legislative platform discussion.
She was excited about the Kodiak Football League
activities. She thanked Assemblymember Bonney for spear
heading the ATV Committee.
UNFINISHED BUSINESS
None.
Regular Assembly Meeting
August 1, 2002
BOROUGH MANAGER'S
REPORT
UNFINISHED
BUSINESS
Volume XXVII
Page 231
NEW BUSINESS NEW BUSINESS
A. CONTRACTS
None.
B. RESOLUTIONS
None.
C. ORDINANCES FOR INTRODUCTION
1. Ordinance No. 2002 -10A Amending 2003 Fiscal Year
Budget to Reflect Amendments.
TURNER,
seconded by BRANSON
moved to adopt
Ordinance No. 2002 -10A to
advance to public hearing
on August 15, 2002.
Manager Carlson said significant increases in property and
workmen's compensation insurance costs affected the fund
balance. Two federal PILT payments for FY03 were received
in June instead of October and a matching grant for the
Chiniak School /Tsunami Center /Water Level and Equipments
was received which also affected the budget.
VOTE ON MOTION TO ADVANCE
Ayes: Bonney, Branson, Razo,
Turner, Abell
Noes: None
Absent: Heinrichs, Stevens
MOTION CARRIED: Unanimous
D. OTHER ITEMS
1. Womens Bay Community Council
Dr. Gary Carver thanked the Assembly and asked them to
consider the attorney's letter, to rescind the zoning
compliance permits granted to allow the soil remediation
facility, and to review the staff determination of similar
use that was used for the basis of the permit. He noted
their intent to appeal the decision. He asked for a
moratorium in the Womens Bay area for any new uses as of
August 1 so the Community Council could review any
modifications in their area. He asked for efforts to find
an alternative site suitable for soil remediation. He
wanted the soil remediation application processed through
the special permit process and the propane tanks on the
property removed until a special permit was granted.
Regular Assembly Meeting
August 1, 2002
CONTRACTS
RESOLUTIONS
ORDINANCES FOR
INTRODUCTION
ORDINANCE
NO. 2002 -10A
OTHER ITEMS
WOMENS BAY
COMMUNITY COUNCIL
Volume XXVII
Page
232
Assemblymember Razo said the Assembly should meet with the
Borough attorney to review the letter from the Womens Bay
Community Council's attorney.
Assemblymember Turner agreed with Assemblymember Razo in
that the Assembly wanted to review the issue for
resolution in the community and not in court.
Assemblymember Abell asked Manager Carlson to clarify the
process as he was concerned that the Assembly had been
exposed to too much information in the event they sat as
the Board of Adjustment.
Manager Carlson said a base challenge to the
administrative decision of the Board of Adjustment, as a
quasi - judicial body, was one of "bias" in the process.
This was an administrative decision to issue the permit
based on compatible use and there was no direct appeal
right to the Board of Adjustment. Previously there was an
appeal right to the Board of Adjustment; however, the code
was amended in 1992 to remove that process.
Mayor LeDoux wanted to make amendments and clarifications
to the code to avoid any future problem.
Assemblymember Razo said this would be more appropriate
for quasi - judicial review than for an appeal.
CITIZENS COMMENTS CITIZENS COMMENTS
Nancy Wells wanted clarification on initiating the appeal
process. She was confused by information received from
staff and asked for Assembly direction on the next step.
She felt the permits were not issued properly.
Assemblymember Razo advised Ms. Wells to retain counsel
and ask for guidance on how to proceed.
Assemblymember Turner said the appeal process was outlined
in Title 17. She agreed they should retain counsel.
Manager Carlson expected the administrative decision,
permit issuance, and the findings of compatible use
determination the next day.
ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER
COMMENTS
Assemblymember Razo felt his attendance at the AML
Conference was beneficial.
Assemblymember Abell said volunteers worked diligently on
the BMX track to clear dirt and put in wood ramps. He
hoped the track would be open to the public soon.
Regular Assembly Meeting
August 1, 2002
Volume XXVII
Page
233
Assemblymember Turner thanked Doug Letch and all those
involved in the football league; Assemblymember Bonney for
his leadership on the ATV Committee; Assemblymember Razo
for attending the AML conference; and the citizens who
spoke regarding the soil remediation facility.
Assemblymember Branson urged the local governments to be
aware of upcoming bond issues. She recognized the need to
clarify the zoning process in the Borough Code.
ADJOURNMENT ADJOURNMENT
There being no further business to come before the
Assembly, the meeting adjourned at 8:13 p.m.
ATTEST:
Judith A. Niel en, CMC Approved: 10/17/2002
Borough Clerk
Regular Assembly Meeting
August 1, 2002
P le - /t f t0 P°,
Gabrielle LeDoux, Mayor
Volume XXVII
Page
234