2011-06-30 Work Session Kodiak Island Borough
Assembly Work Session
Thursday, June 30, 2011, 7:30 p.m., Borough Conference Room
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda
packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed
when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal
Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of
the official record. Citizen's comments intended for the "official record" should be made at a regular Assembly meeting.
CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
ITEMS FOR DISCUSSION
1. Non Profit Funding Review
2. Ordinance Regarding Employees Serving on KIB Boards
3. Time Limit on Public Hearing Comments
PACKET REVIEW Resolution No. FY2012 -04 Declaring Lot 4,
PUBLIC HEARING Block 10, Port Lions Subdivision as Surplus
Ordinance No. FY2011 -17 Rezoning a to the Borough's Needs and Authorizing the
Portion of Tract G and Tract H, Bells Flats, Disposal of this Former Teacherage and Lot
Alaska Subdivision From PL— Public Use for Less than Fair Market Value to the City
Zone To RR1 -Rural Residential One. of Port Lions.
UNFINISHED BUSINESS ORDINANCES FOR INTRODUCTION
NEW BUSINESS Ordinance No. FY2012 -03 Rezoning
CONTRACTS Proposed Tracts A, B, and C, Ouzinkie
Harbor Subdivision, From R1- Single - Family
*Contract No. FY2012 -01 Providence Residential To I — Industrial (City Of
Kodiak Island Counseling Center Services Ouzinkie & Ouzinkie Native Corporation).
to Kodiak Island Borough School District for OTHER ITEMS
School Year 2011 -2012. Confirmation of the Mayoral Appointment
Contract No. FY2012 -02 Kodiak Landfill to the Planning and Zoning Commission.
Lateral Expansion Phase I Clearing, *Declaring a Seat on the Board of
Excavation, and Fencing.
RESOLUTIONS Equalization Vacant.
Resolution No. FY2012 -03 Approving *Declaring a Seat on the Service Area
Fiscal Year 2012 Kodiak Island Borough
No 1 Board Vacant.
Non - Profit Funding.
MANAGER'S COMMENTS
CLERK'S COMMENTS
MAYOR'S COMMENTS
ASSEMBLY MEMBERS COMMENTS
Introduced by: Borough Manager
Requested by: Borough Assembly
Drafted by: Borough Attorney
Introduced:
2 Public Hearing:
3 Adopted:
4 KODIAK ISLAND BOROUGH
5 ORDINANCE NO. FY2011 -16
6
7 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
8 AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2
9 ADMINISTRATION AND PERSONNEL CHAPTER 2.105 PLANNING AND ZONING
10 COMMISSION SECTION 2.105.010 CREATED — MEMBERSHIP; TITLE 2
11 ADMINISTRATION AND PERSONNEL CHAPTER 2.145 SOLID WASTE ADVISORY
12 BOARD SECTION 2.145.010 CREATED — MEMBERSHIP; TITLE 3 REVENUE AND
13 FINANCE CHAPTER 3.35 REAL PROPERTY TAX SECTION 3.35.050 BOARD OF
14 EQUALIZATION; AND TITLE 7 ELECTIONS CHAPTER 7.20 QUALIFICATIONS OF
15 VOTERS AND CANDIDATES SECTION 7.20.020 CANDIDATE QUALIFICATIONS
16
17 WHEREAS, a Borough employee should not be denied the opportunity to serve as a
18 member of a Borough board or commission solely by reason of being employed by the
19 Borough, and except as limited by the specific qualifications for board membership provided
20 by ordinance; and
21
22 WHEREAS, the Planning and Zoning Commission, the Solid Waste Advisory Board and
23 the Board of Equalization each have the authority to make certain decisions binding on the
24 Borough; and
25
26 WHEREAS, decisions by these boards and commissions should be made on the prepared
27 record and evidence presented; and
28
29 WHEREAS,_Borough employees should not be denied the opportunity to serve on service
30 area boards;
31
32 NOW, THEREFORE; BE'IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
33 BOROUGH THAT:
34
35 Section 1: This ordinance is \ of a general and permanent nature and shall become a part
36 of the Kodiak Island Borough Code of Ordinances;
37
38 Section 2: The Kodiak,lsland Borough Code of Ordinances Title 2 Administration and
39 Personnelthapter 105 Planning and Zoning Commission Section 2.105.010
40 Created 'Membership shall be amended to read as follows:
41
42 2.105.010 Created — Membership.
43 There is created pursuant to AS 29.40.020 a planning and zoning commission, which
44 shall consist of seven members appointed by the mayor subject to confirmation by the
45 assembly, except that a member from a home rule or first class city shall be selected from a
46 list of recommendations submitted by the council. Commission membership shall be
47 apportioned so that the number of members from home rule or first class cities within the
48 borough reflects the proportion of borough population residing within those cities.
49 Commission membership shall be reapportioned according to the fluctuation of population
Kodiak Island Borough Ordinance No. FY2011-
Page 1 of 3
50 within the borough and its home rule and first class cities by resolution of the assembly at
51 the expiration of the terms of commission members. Borough employees may be
52 appointed to serve on the planning and zoning commission unless they are employed
53 by the community development department. Nothing in this section prevents the mayor
54 from appointing additional persons to serve in an advisory or ex officio capacity without
55 regard to apportionment of borough population.
56
57 Section 3: The Kodiak Island Borough Code of Ordinances Title 2 Administration and
58 Personnel Chapter 145 Solid Waste Advisory Board Section 2.145.010
59 Created — Membership shall be amended to read as follows:
60
61 2.145.010 Created — Membership.
62 There is created a solid waste advisory board that shall consist of seven borough
63 residents, inclusive of the city of Kodiak, who represent a cross - section of the social and
64 economic structure of the community. Preferably, two out of the seven seats shall be
65 designated to representatives from the construction and retail business community. All
66 members are appointed in accordance with KIBC 2.100.030 and shall meet the
67 qualifications of KIBC 2.100.040. Borough employees may be appointed to serve on the
68 solid waste advisory board unless they are employed by the engineering and facilities
69 department. There will be four nonvoting ex officio members, one of which shall be an
70 assembly member appointed by the mayor; one shall be a KIB staff member appointed by
71 the manager; one shall be representative from the United States Coast Guard appointed by
72 the ISC commanding officer; and one city of Kodiak staff member appointed by the city
73 manager. Each ex officio member may participate in all discussions.
74
75 Section 4: The Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance
76 Chapter 3.35 Real Property Tax Section 3.35.050 Board of Equalization is
77 hereby amended as follows:
78
79 3.35.050 Board of equalization.
80 2. Qualifications. Members and alternate members should be appointed on the basis of
81 their expertise in real and personal property appraisal, the real estate market, the personal
82 property market, and other fields related to their functions as board members. Each member
83 shall be a qualified voter of the borough and shall remain a resident of the borough while in
84 office. Borough employees may be appointed to serve on the board of equalization
85 unless they are employed by the finance or assessing departments.
86
87 Section 5: The Kodiak Island Borough Code of Ordinances Title 7 Elections Chapter
88 7.20 Qualifications of Voters and Candidates Section 7.20.020 Candidate Qualifications is
89 hereby amended as follows:
90
91 7.20.020 Candidate qualifications.
92 A. Candidates for mayor, assembly, and school board must be qualified voters of the
93 borough and residents of the borough for one year at the time of filing.
94 B. A person may not serve simultaneously as mayor and as a member of the assembly, as
95 mayor and a member of the school board, or as a member of the assembly and member of
96 the school board.
Kodiak Island Borough Ordinance No. FY2011 -08
Page 2 of 3
97 C. No elected official of the borough, with the exception of service area seats, may hold
98 any other compensated borough office or borough employment, or elected position in the
99 state or federal government, while in office.
100 D. No person shall be a candidate for more than one assembly seat at any election.
101
102 E. Candidates for service area boards must be qualified voters of the borough and residents
103 of the service area for at least 30 days immediately preceding filing for office.
104 F. Candidates shall provide proof that they are eligible, or shall be eligible by the date of the
105 election, to be recognized as a candidate for any election.
106 G. Write -in candidates for mayor, assembly, and school board shall file an Alaska Public
107 Offices Commission (APOC) official financial disclosure statement with the clerk as required
108 by the provisions of AS 39.50.
109
110 Section 6: This ordinance shall become effective upon adoption.
111
112 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
113 THIS DAY OF 2011
114
115 KODIAK ISLAND BOROUGH
116
117
118 Jerome M. Selby, Borough Mayor
119
120 ATTEST:
121
122
123 Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough Ordinance No. FY2011 -08
Page 3 of 3
I-1 #3
Kodiak Island Borough
Office of the Assistant Clerk
— fry/i.e.-As 710 Mill Bay Road
tee �. • '°� Kodiak, Alaska 99615
Phone (907) 486 -9310 Fax (907) 486 -9391
DATE: June 27, 2011
MEMO TO: Mayor and Assembly � `
FROM: Nova M. Javier, MMC t "�
RE: Time Limit - Citizens' Comments and Public Hearing
Three years ago, research was requested about instituting an aggregate time limit for
citizens' comments and public hearings and it never materialized. Recently, this topic
was requested again for Assembly consideration. As currently exists, KIBC 2.17.070
could be problematic as it may cause unproductive, long Assembly meetings.
Below are code amendment suggestions that the Assembly may wish to consider. The
Assembly still has total control over extending the three - minute rule for individual
comments and the 30- minute "aggregate" rule for each citizens' comment and public
hearing segments.
Recently, there were e-mail exchanges from the Alaska Association of Municipal Clerks
members sharing experiences of the municipalities who have imposed the "aggregate"
rule and most of the comments were favorable.
KODIAK ISLAND BOROUGH
2.30.090 Citizens' rights.
A. Addressing the Assembly. Any person desiring to address the assembly shall first
secure the permission of the chair. However, under the following headings of
business, unless the chair rules otherwise, any qualified person may address the
assembly without securing such prior permission: citizens' comments, public
hearing.
B. Written Communications. Interested parties or their authorized representatives may
address the assembly by written communication in regard to matters then under
discussion. ' ' • . e - - - •• - •- -' - • - - --- - -•- --
C. Addressing the Assembly After Motion Made. After a motion is made by the
assembly, no person shall address the assembly without first securing the
permission of the assembly to do so.
D. Manner of Addressing the Assembly — Time Limit. Each person addressing the
assembly shall step up to the microphone, give his name in an audible tone of voice
for the record and, unless further time is granted by the assembly, shall limit his
address to three minutes. All remarks shall be addressed to the assembly as a body
and not to any member thereof. No person, other than the assembly and the person
having the floor, shall be permitted to enter into any discussion, either directly or
through the members of the assembly, without the permission of the chair. No
questions shall be asked of the assembly except through the chair.
E. In the interest of time, the total time limit for citizens' comments and for each
public hearing item shall be thirty (30) minutes which could be extended by a
majority vote of the assembly. The clerk shall monitor the time limit. If more
than one individual desires to address the assembly on the same matter, it
shall be proper for the chair to request that a spokesperson be chosen to
address the assembly in order to avoid repetition.
2.17.070 Ordinances, resolutions, and motions.
A. An ordinance is introduced in writing in the form required by the assembly.
B. The following procedure governs the enactment of all ordinances, except emergency
ordinances which are specified in subsection 2.17.075 of this chapter.
1. an ordinance is introduced by a member or committee of the Assembly, or by the
mayor or manager;
2. an ordinance shall be set by the assembly for a public hearing by the affirmative
vote of a majority of the votes authorized on the question;
3. at least five days before the public hearing, a summary of the ordinance shall be
published together with a notice of the date, time and place for the hearing. At
least six (6) days shall lapse between introduction and final passage;
4. Copies of the ordinance or resolution shall be available to all persons present at
the hearing, or the ordinance shall be read in full;
5. during the hearing, the assembly shall • .. _ . _ _ _ _ _ _ .e•- - _
heard follow the time limit procedures in KIBC 2.30.090E; and
6. after the public hearing the Assembly, shall consider the ordinance, and may
adopt it with or without amendment;
7. the assembly shall print and make available copies of an ordinance that is
adopted.
8. An ordinance takes effect upon adoption or at a later date specified in the
ordinance.
C. This section does not apply to an ordinance proposed under A.S. 04.11.507(d)
relating to procedure for local option elections.
D. Recording of votes. The ayes and noes shall be taken upon the passage of all
ordinances and resolutions and entered upon the official record of the assembly.
OTHER MUNICIPALITIES CODES
CITY OF HOMER
Audience Participation — Audience comments are acceptable when invited by a
Councilmember or the Mayor. Audience comments as an agenda item is provided so
that anyone wishing to speak to the Council may do so without prior arrangement. The
Mayor may limit the time for "Comments Upon Matters Already on the Agenda or
Audience Comments." Comments are generally limited to 3 minutes per person unless
authorization to speak longer is granted by Council action.
BASIC TIME LIMIT (Public Comments, Public Hearing Testimony and Audience
Comments.) Comments are limited to three minutes per person per issue unless
authorization to speak longer is granted by Council action. In the interest of time, the
Council has found it necessary to place a time limit. It may be desirable to have one
spokesperson for special interest groups making a statement to the Council.
FAIRBANKS NORTHSTAR BOROUGH
2.09.080 Rules for public testimony.
A. Rules Applicable to Citizens' Comments. Citizens' comments shall be heard in the
manner provided in subsections (A) and (C) of this section. Each person's comments
shall be limited to three minutes unless a different time is designated by the presiding
officer. A person who has previously spoken at a meeting during citizens' comments
may not speak again unless all other persons desiring to speak have been heard and
time scheduled for citizens' comments remains available. A person speaking a
second time may only do so for one minute, unless the presiding officer designates a
different time.
B. Rules Applicable to Public Hearing.
1. The presiding officer shall permit all persons desiring to speak on an item
scheduled for public hearing to speak for not more than three minutes when the
item is called. The person who has signed an application to rezone real property,
or his representative, may speak during public hearing on the rezone request for
not more than 10 minutes.
2. The presiding officer may alter the times specified in this subsection, so long as
the alteration does not unreasonably deny any person an opportunity to speak at
the public hearing.
3. The clerk shall make available sign -up sheets on which persons desiring to
speak on items scheduled for public hearing may indicate their desire. The
presiding officer shall request comments from persons in the order in which they
have signed up on said sheets, and then shall take comments from all other
persons desiring to make them.
4. No person who has previously spoken during the public hearing on a particular
item may speak again unless all other persons desiring to give testimony at the
public hearing have spoken. A person speaking for a second time shall give
testimony for not more than one minute, unless the presiding officer designates a
different time.
5. No person may speak on an item after public hearing on that item has
terminated, unless the presiding officer determines otherwise.
C. Rules Applicable to Both Citizens' Comments and Public Hearings.
1. No person shall speak during an assembly meeting until that person is
recognized by the presiding officer. Upon recognition that person shall position
himself or herself as directed by the presiding officer and shall state his or her full
name, spelling the last name, and address.
2. All persons shall immediately cease speaking when notified by the presiding
officer that the allotted time has expired.
3. Citizens giving testimony may ask questions of the assemblymembers or the
mayor during their testimony on a public hearing item. The presiding officer may
request an answer to a factual question from a citizen, asked during the three
minutes of testimony, should the question and answer be useful to the item at
issue, or desirable for public understanding of the issue, in the view of the
presiding officer. Assemblymembers or the mayor may ask questions of citizens
giving testimony. Assemblymembers shall refrain from using question formats to
engage in discussion or statements to the person testifying. The time allotted to a
citizen for public testimony shall be extended automatically to provide additional
time which is reasonably sufficient to answer all questions posed by the
assemblymembers and the mayor.
4. All writings, photographs, plats, maps or other items presented by a citizen
during public testimony for consideration by the assembly shall be retained by
the clerk and affixed to the record of the proceedings.
5. Citizens may present written testimony by filing said testimony with the clerk at or
before the time scheduled for public hearing on the item or the time scheduled for
citizens, comments if the item is not scheduled for public hearing.
D. A citizen, acting alone or with a group, shall not disrupt an assembly meeting. (Ord.
2000 -01 § 4, 2000; amended during 1993 republication; Ord. 86 -035 § 2, 1986)
CITY OF CORDOVA
3.12.060 Meetings - -Order of business.
Communication and Petitions by Visitors At Council Meeting (Ten- minute Limit). The
communication and petitions by visitors shall be limited to ten minutes. The mayor shall
call upon as many individuals as time allows. A maximum of three minutes is allowed for
each speaker. The clerk shall monitor the time limit. If more than one individual desires
to address the council on the same matter, it shall be proper for the mayor to request
that a spokesman be chosen to address the council in order to avoid repetition. Any
written material presented at this time shall be given to the clerk for distribution. The ten -
minute time limit may be extended with the unanimous consensus of the council. The
mayor or any councilmember may comment to communications and /or petitions given by
visitors during this period. If there is no individual desiring to offer public communications
and /or petitions, the council shall immediately proceed with the next agenda item.
CITY OF PALMER
2.04.120 Audience participation.
All presentations to the council shall be limited to three minutes per person, five minutes
per group and also limited to a total time of not more than 30 minutes, unless the
limitations are enumerable, in which case the mayor may set reasonable limits.
MUNICIPALITY OF ANCHORAGE
The chair shall be charged with the responsibility of maintaining order and decorum at all
times. He shall make such rulings as deemed necessary concerning points of order or
concerning spectators. He shall instruct the members of the public to be as brief as
possible and, when speaking as an individual or for a group, to contain their remarks to
three minutes. The chair may, at his discretion, extend the time for remarks beyond
three minutes when the speaker is representing a group.
KODIAK ISLAND BOROUGH
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