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2009-02-19 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting February 19, 2009 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, February 19, 2009 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 Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Associate Planner Duane Dvorak, Borough Clerk Nova Javier, Deputy Clerk Marylynn McFarland, and Assistant Clerk Jessica Kilborn. Assembly member Branson was absent. JEFFREY moved to excuse Assembly member Branson who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA FRIEND moved to approve the agenda and consent agenda as submitted. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. APPROVAL OF MINUTES A. Regular meeting minutes of December 18, 2008 and January 22, 2009 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented the February 2009 Student of the Month Award to Emily Lloyd, a junior at Kodiak High School. Manager Gifford presented the Employee of the Quarter Award to Duane Dvorak, Associate Planner /Long -Range Planner in the Community Development Department. Manager Gifford presented the Employee of the Year Award to Ken Smith, Project Manager /Inspector in the Engineering and Facilities Department. Mayor Selby presented Marylynn McFarland, Deputy Clerk, the Certified Municipal Clerk Designation. Duane Dvorak presented the State of Alaska State of Emergency Response Certificate of Recognition for the KIB Seismic Hazard Mitigation Program to the Borough Assembly. Mayor Selby presented a Certificate of Recognition to Justin Blott for his acceptance to the U.S. Air Force Academy. Kodiak Island Borough Assembly Minutes February 19, 2009 Page 636 CITIZENS' COMMENTS The following spoke regarding Mr. Omar Stratman's request for an amicus brief: Iver Malutin, John Larsen, Tony Drabek, Clarence Selig, Bill Burton, Craig Stratman, Greg Pennington, Rich Macintosh. Marie Rice. Lisa Booch, Dale Rice, Tim Booch, Dale Finlay, Mark Levinson, Jake Jacobsen, Genevive Pearson, Mike Schneider, Art Bors. Barbara Zimmerman, Tom Dooley, and Rolan Ruoss. Paul Anderson commented on the recent cutting of old grove trees at the Kodiak Fisheries Research Center. He urged the Assembly to examine closely the removal of any trees in the future. Sarah Nq spoke in support of new facilities for indoor sports. Jimmy Nq urged the Assembly to remember the diverse educational opportunities that are available in Kodiak and thanked the Assembly for its past support. Nick Troxell read his letter to the Assembly regarding Threshold's contract. COMMITTEE REPORTS Janet Buckingham, Executive Director of the Kodiak Island Convention and Visitors Bureau, updated the Assembly on the recent survey that was conducted about cruise ship traffic. A copy of the survey was distributed. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board Request for New Ownership of Southern -Odom Wine and Spirits of Alaska LLC, Wholesale License #4860. FRIEND moved to voice non - protest to the State of Alaska Alcoholic Beverage Control Board. Per KIBC 5.01.030, New license and transfer procedure for liquor licenses was followed. Eight public hearing notices were mailed; none were returned. There were no trouble reports and no Borough interest could be protected by protesting the transfer. 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, and Friend. B. Ordinance No. FY2009 -14 Amending Kodiak Island Borough Code of Ordinances, Title 3 Revenue and Finance Chapter 3.10 Public Finance — Management and Accounting by Repealing Section 3.10.130 Education Fund. FULP moved to adopt Ordinance No. FY2009 -14. Ordinance No. 96 -14 was adopted in October 1996 establishing an Education Fund for all education programs in the Kodiak Island Borough. The thought was that these monies would provide revenue for future education programs operating expenses. Based on the actual Exxon settlement funds, the Kodiak Island Borough will not receive any additional settlement funds; therefore it was recommended that this section of the code be removed and repealed. Mayor Selby opened the public hearing. Seeing and hearing none, he closed the public hearing. Kodiak Island Borough Assembly Minutes February 19, 2009 Page 637 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Friend, and Fulp. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Additional information for the Borough's 2009 State Legislative Capital Projects priority list was being finalized and would be forwarded to the Kodiak delegation. • Borough lobbyist, Mark Hickey provided the January/February 2009 Legislative Information Report which included the Governor's FY2009 budget and deficit proposals, and 2010 budget noting that the budget maintains revenue sharing, education, and PERS/TERS funding. • Attended the Annual Kodiak Legislative Seafood Reception in Juneau and met with the Legislative delegation, representatives of Department of Transportation, Governor's Office staff, and Larry LeDoux with the Department of Education. The reception was well attended by the Governor, Legislators, state agencies and legislative staff. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported that the legislative visit was successful in that the City of Kodiak, KIB School Board of Education, and the Borough met together with the Governor. He stated that the legislative reception was well attended. UNFINISHED BUSINESS A. 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) The ordinance was postponed and referred back to the Planning & Zoning Commission after a public hearing that was held at the August 7, 2008 regular meeting. The motion before the Assembly was to adopt Ordinance No. FY2009 -03. Recommendation received was to fail the ordinance. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Kaplan, Lynch, Stutes, Friend, Fulp, and Jeffrey. NEW BUSINESS Contracts — None. Resolutions 1. Resolution No. FY2009 -19 Establishing Citizens Board of Equalization Dates for the Year 2009. STUTES moved to adopt Resolution No. FY2009 -19. The Board of Equalization hearing of appeals from the 2009 assessed valuations of real and personal property within the Kodiak Island Borough would be held on Monday, May 11 and Tuesday, May 12, 2009 and would continue from day to day as established by the Board of Equalization and the Borough Clerk until all properly filed appeals had been heard. The meeting(s) would start at 7:30 p.m. in the Assembly Chambers of the Kodiak Island Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Friend, Fulp, Jeffrey, and Kaplan. Kodiak Island Borough Assembly Minutes February 19, 2009 Page 638 2. Resolution No. FY2009 -20 Authorizing the Borough to Issue General Obligation Refunding Bonds in the Principal Amount Not to Exceed $7,150,000 to Refund Certain Outstanding General Obligation Bonds of the Borough, Fixing Certain Details of Such Bonds, Authorizing Their Sale, and Providing for Related Matters. JEFFREY moved to adopt Resolution No. FY2009 -20. This would allow the Borough to issue refunding bonds to pay off the remaining balance of the 1998 Series A bond issued with anticipated savings of over $200,000. The State of Alaska would benefit 35% of these savings. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Friend, Fulp, Jeffrey, Kaplan, and Lynch. Ordinances for Introduction 1. Ordinance No. FY2009 -15 Rezoning Lots 20, 21, and 22 Of U.S. Survey 3098 From B- Business To PL- Public Use Lands. This item was approved under consent agenda. The existing City of Kodiak police station and jail reached the point of obsolescence. Kodiak Police Department had outgrown both the existing facility and the site where it is located on. The City went through an extensive site selection process before acquiring the Tots that comprised the rezone area to construct a community jail, police station, and emergency operations center. The zoning of these parcels located on Mill Bay Road was B- Business. The zoning district was thought inappropriate for this public facility as police stations and jails were not identified as either a permitted use or conditional use in the Business District. The Commission initiated a rezoning of this site to the PL— Public Use Lands Zoning district which they felt would be more appropriate. After holding a public meeting on January 21, the commission unanimously approved recommending to the Borough Assembly that these parcels be rezoned from B- Business to PL- Public Use. 2. Ordinance No. FY2009 -16 Amending Kodiak Island Borough Code of Ordinances by Renaming Title 12 Streets and Sidewalks to Title 12 Naming Buildings, Public Facilities, Streets and Sidewalks and Creating Chapter 12.15 Buildings, Other Fixed Facilities and Public Places. This item was approved under consent agenda. This ordinance was drafted in response to Assembly request to research policies and procedures of other municipalities regarding naming buildings, public facilities, etc. The Borough did not have an established code to handle such requests. This ordinance was also reviewed by the Attorney for compliance and found that the borough had the power to establish such policies and procedures under AS 29.35.010 (8) and AS 29.35.410. 3. Ordinance No. FY2009 -17 Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel by Adding Chapter 2.150 Fisheries and Oceanic Research Board and Amending Chapter 2.100 Boards, Committees, and Commissions Section 2.100.010 Board, Committee, and Commission Members Subject to This Chapter. JEFFREY moved to adopt Ordinance No. FY2009 -17 in first reading to advance to public hearing at the next regular meeting of the Assembly. The ordinance was requested by Assembly member Jeffrey to create a Fisheries and Oceanic Research Board. The powers and duties of this board were described as: Kodiak Island Borough Assembly Minutes February 19, 2009 Page 639 The board shall assist in identifying creative and workable opportunities to augment Kodiak's fisheries and oceanic research sector: A. Serve in an advisory capacity to the Mayor and Assembly on matters affecting the research capabilities in Kodiak, which meets the needs, desires and goals of the Assembly as stated in the Strategic Plan for 2009 -2013. B. Provide for balanced consideration and representation of the viewpoints, problems and issues regarding development of Kodiak's fisheries and oceanic research sector. C. Provide a forum for decision - making in development of specific projects that support Kodiak's fisheries and oceanic research sector. D. Identify goals, policies and procedures to help the Assembly educate the public and state and federal officials about ongoing fisheries and oceanic research programs based in Kodiak. Assembly member Jeffrey stated that this board should be established to facilitate collaboration and communication between the public, public officials, and researchers in order to support the fisheries as well as to sustain the fishing industry and protect the ecosystems that support Kodiak's fisheries. Assembly members spoke in support of the ordinance. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. 4. Ordinance No. FY2009 -18 Rezoning Tract A, U.S. Survey 4964 From C- Conservation To RR2- Rural Residential Two. FRIEND moved to adopt Ordinance No. FY2009 -18 in first reading to advance to public hearing at the next regular meeting of the Assembly. Omar Stratman was splitting up the Northland Ranch and his approach was novel for Kodiak using the "Conservation Subdivision" method. This concept left a third of the parcel undeveloped in green /open space as an amenity for residents of the subdivision, but requested a higher density of development in the areas scheduled for improvements. Because this was a novel approach, staff suggested that he request a change of zoning first and if that passed, a subdivision survey would be submitted at a later date. The Planning and Zoning Commission reviewed the following three requests for rezoning: 1. Rezone of a majority of Tract A from C- Conservation to RR2- Rural Residential Two 2. Rezone a minority of Tract A from C- Conservation to RNC Rural Neighborhood Commercial (at the intersection of Chiniak Highway and Pasagshak Road); and 3. Rezone of Lot 7 Northland Ranch Subdivision from C- Conservation to RR2 - Rural Residential Two. The Commission held a public meeting in January and as a result approved the first request to rezone the majority of Tract A to RR2 — Rural Residential Two, but failed to approve the request to rezone Lot 7 to Rural Residential Two (this parcel was separated from the main parcel by Pasagshak Road and the Commission felt that it had more in common with other lots on that side of the road) and failed to rezone a minority portion of Tract A from C- Conservation to RNC -Rural Neighborhood Commercial feeling that though this was a good location for (future) business, there were currently 35 acres of undeveloped RNC zoned property in Kalsin Bay with the ability to be subdivided down to two acre parcels and additional RNC zoned land was not warranted at the time. Kodiak Island Borough Assembly Minutes February 19, 2009 Page 640 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Friend. Other Items 1. APPEAL TO THE ASSEMBLY An Appeal to the Planning and Zoning Commission's Decision on Case No. S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1s Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1st Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1s Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School). Mayor Selby announced that 82 appeal notices were mailed and returned written comments were provided to the Assembly. Mayor Selby announced that the Assembly would decide the appeal upon the appeal record and the written and oral argument presented on the appeal. At the hearing before the Assembly, only persons who had submitted written argument on the appeal, or testified before the Commission, or submitted written comments to the Commission were allowed to give oral argument. He outlined the order of the oral argument and announced that rebuttal would be limited to new evidence and testimony brought forward during private persons' comments. Mayor Selby also noted that failure to observe the above procedures in the hearing would not affect the validity of the decision as long as the appellant had a reasonable opportunity to be heard. Mayor Selby announced that the following persons would be allowed to present oral argument on the appeal: Persons who had submitted written argument on the appeal: John Huster Robert W. Barton Angela Eastman -Aytes and Aaron Aytes Garry and Patricia Kernan Robert and Heather Onders Mike and Lisa Reuter Suzanne Rapoza Joe Bailor Dane Larsen Lavender Beattie Eric Beattie Heather Norton Emil Norton Todd Emerson Cami Warner Mary Ocampo Tricia Krug Duncan Fields Holly Wiltse Alan Wiltse John K. Larsen Jason Ball Patricia Kernan Karleton Short Daniel Rohrer Brooke Hall Ed Mahoney Joan Burnett Testified before the Commission: Alan Wiltse Garry Kernan Suzanne Rapoza Cami Warner Submitted written comments to the Commission: Martha Randolph Duncan Fields Kodiak Island Borough Assembly Minutes Page 641 February 19, 2009 The order of oral argument was held as follows: 1. Borough staff represented by Community Development Director Bud Cassidy Community Development Director Cassidy introduced information used in staff's recommendation to the Planning and Zoning Commission to approve the vacation and subdivision. The Borough codes involved were for the approval of a vacation and subdivision. Staff relied on the following for their decision: • State required the vacation of Perenosa in order to have access off Rezanof Drive to the Christian School. • Eliminate double frontage roads for homes on both Rezanof Drive and Perenosa. • Lack of public opposition; no public hearing notices returned, no public attendance at work sessions, and no phone calls to the office with concerns about vacating the Perenosa right -of -way or subdivision. After substantial public input, the Planning and Zoning Commission decided not to agree with staff and to deny the approval of the vacation of Perenosa and plans for subdivision. Commissioner Watkins of the Planning and Zoning Commission reported that he was not present at the public hearing but had reviewed the case. The final decision came down to the neighbors having valid arguments that the land continued to have public value. He suggested that an eleventh hour compromise would be appropriate. Commissioner Watkins suggested that the size of the park reserve be increased by 20% and a pedestrian easement be placed at a nominal size. This would allow access from the school to Rezanof, eliminate double frontage, and address concerns for the parking and greenbelt access. Assembly member Friend asked why the two cases were being treated as one and Community Development Director Cassidy responded that the denial or approval of both cases depended upon each other therefore they treated the case as one. Assembly member Fulp requested the names of adjoining property owners and Community Development Director Cassidy responded that the mentioned property owners had road access from both sides, Perenosa and Rezanof, if Lot 3B2 was vacated for a driveway to the Christian School. 2. Appellant: 10 minutes — Mike Anderson and Dan Rohrer, Kodiak Christian School Mr. Dan Rohrer noted that the Clerk had approximately 50 written comments from board members and parents of the Kodiak Christian School (KCS) which were not in Assembly packets because they were denied per Borough code. The board members were available to speak if allowed by the Assembly. Mr. Rohrer is the Treasurer of the Board, and representative of the (KCS) building committee. He outlined the history of the project and responded to the Findings of Fact stating various reasons why it should be approved. He urged the Assembly to override the decision and approve their application which the Borough staff had recommended. Private person supporting the appeal: 10 minutes Joan Burnett commented regarding the appeal. Kodiak Island Borough Assembly Minutes February 19, 2009 Page 642 3. Private person opposing the appeal: 10 minutes The following spoke in opposition: Garry Kernan, Alan Wiltse, Angela Eastman - Aytes, Robert Onders, Cami Warner, Ed Mahoney, Patricia Kernan, Suzanne Rapoza, and Holly Wiltse. 4. Appellant, for rebuttal: 10 minutes - Dan Rohrer, Kodiak Christian School Mr. Dan Rohrer clarified that most of the woods that the children were playing in was on Dorothy Bent's property and the property of the Kodiak Christian School. The Kodiak Christian School property was being used for access to Rezanof presently and planned to allow access. He encouraged the Assembly to make a decision that evening with the information that had been provided. Assembly members Fulp and Lynch agreed that the Assembly had enough information to make their decision that evening. Assembly members Stutes and Kaplan noted this was a workable situation and that it should be remanded back to the Planning and Zoning Commission. JEFFREY moved to convene into executive session for deliberation as a quasi - judicial board. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Friend, Fulp, and Jeffrey. Mayor Selby invited the Borough Manager, Borough Attorney Jamin, Community Development Director Cassidy, Associate Planner Dvorak, and Clerk's office staff to join the executive session and recessed the Appeal to the Assembly at 11:05 p.m. Mayor Selby reconvened the Appeal to the Assembly at 11:20 p.m. FRIEND moved to remand in whole the Planning and Zoning Commission's Decision on Case No S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B- 2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska 1s Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1s Addition; Lot 2A, Block 2, Kadiak Alaska 1s Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) back to the Planning and Zoning Commission with the new evidence supported by the ability of the people to work together per KIBC 16.90.040 (New Evidence — Changed Circumstance). ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Lynch, Stutes, Friend, Jeffrey, and Kaplan (Ayes); Fulp (No). 2. Confirmation of Mayoral Appointment to the Kodiak Arts Council Advisory Board. JEFFREY moved to confirm the Mayoral appointment of Cathy Wilson to the Kodiak Arts Council Advisory Board for a term to expire October 2009. There was one vacant seat on the Arts Council Advisory Board Committee for a term to expire 2009. Ms. Sarah Kennedy submitted her application on January 9, 2009 and Cathy Wilson (incumbent) also resubmitted her application. Kodiak Island Borough Assembly Minutes February 19, 2009 Page 643 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Friend, Fulp, Jeffrey, Kaplan, and Lynch. 3. Confirmation of Assembly Appointments to the Personnel Advisory Board. FRIEND moved to confirm the Assembly appointment of Mr. Thomas L. Cagle and Ms. Brenda Zawacki to the Personnel Advisory Board for terms to expire December 2011. There were two vacant seats on the Personnel Advisory Board and the following submitted their applications: • Mr. Thomas L. Cagle • Ms. Brenda Zawacki • Ms. Jennifer Vickstrom Per Section 203 of the Personnel Manual, the Borough Assembly shall appoint a Personnel Board consisting of five members. In appointing members to the Personnel Board, the Borough Assembly will take into consideration the recommendations made by Borough employees, the Borough Manager, any resident of the Borough, and their own recommendations. The applications were emailed to the Borough employees and no comments or recommendations were returned. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. 4. Confirmation of Mayoral Appointment to the Planning and Zoning Commission. STUTES moved to confirm the Mayoral appointment of Ms. Jennifer Vickstrom to the Planning and Zoning Commission City Seat for a term to expire October 2011. There were two vacancies on the Planning and Zoning Commission. Both were to expire 2011; one being a Borough Seat and the other a city seat. An application was received from Ms. Jennifer Vickstrom, a City resident and her application was forwarded to the City Council for a recommendation as required by Borough Code. A recommendation was received from the City. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Friend. 5. Confirmation of Assembly Appointment to the Board of Equalization. FRIEND moved to confirm the Assembly appointment of Mr. John Parker to the Board of Equalization for a term to expire December 2011. There were two vacant seats on the Board of Equalization, one seat to expire 2009 and the other 2011. One application had been received from Mr. John A. Parker. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Friend, and Fulp. FRIEND moved to extend the regular meeting to midnight. Kodiak Island Borough Assembly Minutes February 19, 2009 Page 644 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Friend, Fulp, and Jeffrey 6. Request by Mr. Omar Stratman for an Amicus Brief FRIEND moved to grant the request of Mr. Stratman by directing the Borough Attorney to draft an amicus brief. Mr. Stratman met with the Assembly at the last work session, February 12, 2009, requesting the Borough to file an amicus brief on behalf of his case to the U.S. Supreme Court with Mr. Omar Stratman as the petitioner and Mr. Dirk Kempthorne, Secretary of the Interior, Leisnoi, Inc., and Koniag, Inc. as respondents. Staff recommendation was for the Assembly to convene into executive session for the deliberation for potential or pending litigation to which the borough may become or is a party and for confidential attorney - client communications made for facilitating professional legal services to the Assembly in this case. The Assembly discussed their reasons for supporting or not supporting the request for an amicus brief on Mr.Stratman's behalf. JEFFREY moved to convene into executive session for deliberation for potential or pending litigation and for confidential attorney - client communications. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Lynch, Friend, Fulp, Jeffrey, and Kaplan (Ayes); Stutes (No). Mayor Selby invited the Borough Manager, Borough Attorney Jamin, and Clerk's office staff to join in the executive session and recessed the regular meeting at 11:40 p.m. Mayor Selby reconvened the regular meeting at 11:51 p.m. Borough Attorney Jamin explained that under the Supreme Court rules an amicus brief in support of a petitioner or appellant should be filed within 30 days after the case had been placed on the docket. The present case was placed on the docket January 9, 2009. Mr. Jamin reported that the court is very clear in its rule and that time could not be extended. The Borough could spend money to file an amicus brief at this time, however, the Supreme Court would not accept it. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Stutes, Friend, Fulp, Jeffrey, Kaplan, and Lynch. CITIZENS' COMMENTS Dan Rohrer noted that he would work with the Planning and Zoning Commission to bring something to the Assembly that was mutually agreeable. Dick Rohrer was disappointed with the Assembly's decision to remand the Kodiak Christian School case back to the Planning and Zoning Commission. Iver Malutin said that he would do everything he could to get native land and resources back. He apologized to anyone that he offended with his comments. ASSEMBLY MEMBER COMMENTS — None. Kodiak Island Borough Assembly Minutes February 19, 2009 Page 645 Announcements Mayor Selby announced that the Assembly would meet in a work session on Thursday, February 26, 2009 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, March 5, 2009 at 7:30 p.m. in the Assembly Chambers. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. The meeting adjourned at 12 a.m. ATTEST: Nova M. Javier, CM , Borough Clerk KODIAK ISLAND BOROUGH ome M. Selby, Mayor Approved: March 19, 2009 Kodiak Island Borough Assembly Minutes February 19, 2009 Page 646