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01/03/2013 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting January 3, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, January 3, 2013, 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 Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Selby, Assembly members Carol Austerman, Aaron Griffin, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Finance Director Karl Short, Resource Management Officer Bob Scholze, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. KAPLAN moved to excuse Assembly member Bonney who was absent due to personal leave. APPROVAL OF AGENDA AND CONSENT AGENDA GRIFFIN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of December 6 and the Special Meeting Minutes of December 13, 2012, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed the month of January 2013 as National Stalking Awareness Month Proclamation and applauded the efforts of the many victim service providers, police officers, prosecutors, national and community organizations, and private sector supporters for their efforts in promoting awareness about stalking. CITIZENS' COMMENTS Larry Van Daele spoke in support of Resolution No. FY2013 -20. Judy Kidder spoke on issues that had occurred due to the lack of animal control in the Borough. Susan Saupe, Cook Inlet Regional Citizens Advisory Council, spoke regarding the Kulluk Drill Rig matter in Kodiak and updated the Assembly on CIRCAC's efforts towards emergency preparedness. COMMITTEE REPORTS Peter Slaiby, Vice President of Shell in Alaska, spoke on behalf of Shell, Captain Jerald Woloszynski, United States Coast Guard Base Commander, and Captain Melissa Rivera, Commanding Officer of Air Station Kodiak provided the Assembly with an update on and assessment of the Kulluk Drill Rig Incident. Kodiak Island Borough Assembly Minutes January 3, 2013 Page 1137 Assembly member Austerman gave an update on the Providence Community Advisory Board meeting regarding the Certificate of Need for the Long -Term Care Facility. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) Administrative Official Cassidy reported on the following: • Kulluk Drill Rig grounding incident — staff was working in conjunction with the Local Incident Command System. • Long -Term Care Facility Certificate of Need was complete and staff was working on a schedule of action. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby wished everyone a Happy New Year in Kodiak. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2013 -18 Certifying the FY2013 Shared Fisheries Business Tax Program Application To Be True and Correct. GRIFFIN moved to adopt Resolution No. FY2013 -18. AS 29.60.450 required that for a municipality to participate in the FY2013 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Community and Economic Development (DCED) that the municipality suffered significant effects during calendar year 2011 from fisheries business activities. The DCED had prepared specific application forms for the purpose of presenting the municipality's claims as to the significant effects suffered by the municipality during calendar year 2011. 3AAC 134.100 required the governing body of the municipality to include with the municipality's FY2013 program application an approved resolution certifying the information contained in the application to be true and correct. The resolution certified the information contained in the Kodiak Island Borough FY2013 Shared Business Tax Program application to be true and correct. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Griffin, Kaplan, Lynch, Stephens, and Stutes. Kodiak Island Borough Assembly Minutes January 3, 2013 Page 1138 2. Resolution No. FY2013 -19 Adopting a 2013 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. AUSTERMAN moved to adopt Resolution No. FY2013 -19. As a regional government, the Kodiak Island Borough represented the communities of the Kodiak Island Archipelago. These communities included 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. In these communities there were improvements and infrastructure that included docks, airports, community utilities, and facilities. Project needs were identified and prioritized by each community and forwarded to the Kodiak Island Borough by resolution for inclusion into a 2013 State Legislative Capital Improvement Projects Priority List to be sent to the governor and state legislative delegation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Stutes, and Austerman. 3. Resolution No. FY2013 -20 Accepting the Recommendation of the Planning and Zoning Commission by Approving the Disposal of a Portion of Lot 1A, Block 6, Miller Point Alaska Subdivision and a Portion of Lot 2A, Block 9, Miller Point Alaska Subdivision First Addition, Comprising Approximately 19,500 Square Feet, as Land That is Surplus to the Public's Need and Subject to Disposal by Direct Negotiation for Fair Market Value. AUSTERMAN moved to adopt Resolution No. FY2013 -20. The Land Disposal Request was for portions of Borough land located in Miller Point Alaska Subdivision and Miller Point Alaska Subdivision First Addition, generally located between Antone Way and North Star Elementary School. The applicant was requesting approximately 19,500 square feet of undeveloped land adjoining the applicant's property that would come from Lot 1A, Block 6, Miller Point Alaska Subdivision First Addition and Lot 2A, Block 9, Miller Point Alaska Subdivision First Addition. The applicant specifically requested the land for the purpose of making a subdivision to allow another house to be built on the additional lot. The Planning and Zoning Commission found the land to be surplus to the public's need, but it recommended the disposal with a caveat that would require the applicant to consolidate the disposal area with their adjacent land and the resulting plat would be required to contain a plat note prohibiting further subdivision. STUTES moved to amend Resolution No. FY2013 -20, Line 56 by striking out the words "and there will be a plat note that the new lot shall not be divided." ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Austerman, and Griffin. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FOUR TO TWO: Stutes, Austerman, Griffin, and Kaplan (Ayes); Lynch and Stephens (Noes). • Kodiak Island Borough Assembly Minutes January 3, 2013 Page 1139 Ordinances for Introduction 1. Ordinance No. FY2013 -11 Amending Title 3 Revenue and Finance Chapter 3.30 Contract, Purchase, Sale and Transfer Procedures to Make Information About Borough Contracts More Readily Available to the Public and Other Related Matters. AUSTERMAN moved to adopt Ordinance No. FY2013 -11 in first reading to advance to public hearing at the next regular meeting of the Assembly. The ordinance was requested by Assembly member Tuck Bonney and Assembly member Carol Austerman. The purpose of this ordinance was to amend the code to have the Borough Manager report to the Assembly regarding certain contracts entered into under the Manager's administrative authority, such as unique and professionals contracts, change orders, etc. The Assembly's intent in reporting was not to delay or affect the validity of the contract. The ordinance allowed for notices to potential bidders and proposers to be made available by electronic means, as well as by newspaper publication. The privileges and immunities clause of the United States Constitution significantly limited the right of the Borough to grant a contracting preference to local residents or companies and this clarified that provision. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Austerman, Griffin, Kaplan, and Lynch (Ayes); Stephens and Stutes (Noes). Other Items 1. Confirmation of Mayoral Appointments to Various Boards, Commissions, and Committees. GRIFFIN moved to confirm the Mayoral appointments to the various boards, committees, and commission for three year terms as follows: MAYORAL APPOINTMENTS Architectural /Engineering Review Board: Cliff Ford for a term expiring 2015. Parks and Recreation Committee: Jeff Huntley, Helm Stewart Johnson, and Patrick Saltonstall for terms expiring 2015. Planning and Zoning Commission: Rick Vahl (Borough seat) and Kathy Drabek (City seat) for terms expiring 2015. Solid Wasted Advisory Board: Nick Szabo and Scott Arndt (Construction /Business Representative seat) for terms expiring 2015. Original advertising reflected a deadline for applications by Friday, November 16, 2012. Having not received applications for all the open seats, the deadline was extended to Friday, December 7 for the unfilled seats. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Griffin, Kaplan, Lynch, and Stephens. 2. Assembly Appointments to the Citizens Board of Equalization, Monashka Bay Road Service Area Board, and Mission Lake "Tide Gate" Service Area Board. LYNCH moved to confirm the Assembly appointments to the various boards as follows: Kodiak Island Borough Assembly Minutes January 3, 2013 Page 1140 ASSEMBLY APPOINTMENTS • Citizens Board of Equalization: Mark Anderson for a term expiring 2015. Mission Lake "Tide Gate" Service Area Board: Al Burch for a term expiring 2015. Monashka Bay Road Service Area Board: Steve Steffensen for a term expiring October 2015. Original advertising reflected a deadline for applications by Friday, November 16, 2012. Having not received applications for all the open seats, the deadline was extended to Friday, December 7 for the unfilled seats. There were currently two vacancies on the Monashka Bay Road Service Area Board. The application received from Mr. Steve Steffensen was provided to the board for review and consensus of the board was to recommend that the Assembly appoint Mr. Steffensen to one of the vacant seats for a term to expire October 2015. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Griffin, Kaplan, Lynch, Stephens, and Stutes. Mayor Selby recessed the regular meeting at 8:25 p.m. and convened the Board of Adjustment. BOARD OF ADJUSTMENT A. Findings of Fact for the Board of Adjustment's Decision Reversing in Part the Planning and Zoning Commission's Decision on Case 13 -006 Denying the Request of a Variance by Providing for 20 Parking Spaces Designated for Five Retail Parking Spots, Five Container Parking Spots, and Ten Tandem Parking Spots on the Pacific Seafood's Lot. Assembly member Lynch noted she had a conflict of interest. Chair Selby ruled that there was a conflict of interest and excused Assembly member Lynch. GRIFFIN moved to amend the motion adopted at the December 6, 2012 regular meeting to Reverse in Part the Planning and Zoning Commission's Decision on Case 13 -006 DENYING the Request of a Variance, according to KIBC 17.195, reducing the required off- street parking from 22 spaces according to KIBC 17.175.040 (Appellant: John Whiddon) to 20 spaces with the designation of five retail spaces, five container spaces, and ten tandem parking spaces by striking "Reverse in Part" and inserting "Reverse in Whole ". The Board of Adjustment heard its hearing on this case on December 6, 2012 and postponed the adoption of Findings of Fact to January 3, 2012. The Assembly met in a work session on December 27, 2012 to finalize its findings of fact. Per KIBC 17.225.O80C. The board of adjustment's decision affirming or reversing the decision of the commission shall be mailed to the parties to the appeal within 10 working days after the appeal decision and approval of findings of fact. • Per KIBC 17.225.100. Any person aggrieved by a final decision of the board of adjustment under this chapter may appeal that decision to the superior court within 30 days of the decision. An appeal to superior court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in Kodiak Island Borough Assembly Minutes January 3, 2013 Page 1141 Part Six of the Rules of Appellate Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed if, in light of the whole record, they are supported by substantial evidence. ROLL CALL VOTE ON MOTION TO AMEND THE MOTION PREVIOUSLY ADOPTED AT THE REGULAR MEETING OF DECEMBER 6, 2012 CARRIED FOUR TO ONE: Griffin, Kaplan, Stutes, and Austerman (Ayes); Stephens (No). AUSTERMAN moved to adopt the findings of fact as presented. ROLL CALL VOTE ON MOTION TO ADOPT THE FINDINGS OF FACT AS PRESENTED FAILED THREE TO TWO: Kaplan, Austerman, and Griffin (Ayes); Stephens and Stutes (Noes). Mayor Selby reconvened the regular meeting at 8:29 p.m. CITIZENS' COMMENTS Chris Wing spoke on the Appeal to the Board of Adjustment (Planning and Zoning Commission Case 13 -006 Request of a Variance. Appellant: John Whiddon). ASSEMBLY MEMBER COMMENTS Assembly members Austerman, Griffin, Kaplan, Lynch thanked Shell Oil and the United States Coast Guard representatives for the update on the Kulluk Drilling Rig grounding incident and expressed appreciation to the responders for their efforts. Assembly member Stephens voiced concerns regarding the Kulluk Drilling Rig update provided by Shell Oil Vice President Slaiby. He spoke at length on his reasons for voting against Ordinance No. FY2013 -11. Assembly members Lynch and Kaplan called Point of Order regarding statements made by Assembly member Stephens. Mayor Selby ruled in favor of the Point of Order. STEPHENS moved to appeal the Point of Order ROLL CALL VOTE ON THE APPEAL OF THE POINT OF ORDER FAILED FOUR TO TWO: Lynch, Austerman, Griffin, and Kaplan (Noes); Stephens and Stutes (Ayes). Assembly member Stutes spoke on her reasons for voting in support of the appeal of the Point of Order. Assembly members Austerman and Griffin spoke on the matter of transparency and bringing forth discussions during the proper venue. • Assembly member Lynch announced the Kodiak Fisheries Workgroup special work session on Monday, January 7 at 9 a.m. to review a draft letter regarding the Trawl By -Catch Management which was to be presented at the Joint Work Session of January 8, for review by the Assembly and City Council. • Kodiak Island Borough Assembly Minutes January 3, 2013 Page 1142 Announcements The Assembly and City Council would hold a Joint Work Session on Tuesday, January 8 at 6:30 p.m. in the Borough Assembly Chambers. The Borough Assembly would meet Tuesday, January 15, at 6:30 p.m. in the Borough Conference Room to discuss the Kodiak Island Borough Strategic Plan. The next Assembly work session was scheduled on Thursday, January 10 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, January 17 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT GRIFFIN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Austerman, Griffin, Kaplan, and Lynch. The meeting was adjourned at 8:50 p.m. KODIAK ISLAND BOROUGH _ ATTEST: Jero' e M. Selby, Mayo Nova M. Javier, MMC, Bo ugh Clerk Approved on: February 7, 2013 Kodiak Island Borough Assembly Minutes January 3, 2013 Page 1143