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2001-07-19 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly REGULAR MEETING was held July 19, 2001 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 Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. There were present: Mayor: Gabrielle LeDoux Assemblymembers: Tom Abell Pat Branson Greg Razo Absent: Tuck Bonney Pat Carlson, Manager Judi Nielsen, Borough Clerk Nova Javier, Assistant Clerk HEINRICHS, seconded by BRANSON VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OF AGENDA BRANSON, seconded by TURNER VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES BRANSON, seconded by TURNER VOTE ON MOTION TO APPROVE MOTION CARRIED Regular Assembly Meeting July 19, 2001 KODIAK ISLAND BOROUGH Regular Assembly Meeting July 19, 2001 Wayne Stevens Darlene Turner Robin Heinrichs comprising a quorum of the Assembly; and moved to excuse Assemblymembers Bonney and Heinrichs. Unanimous voice vote moved to approve the agenda. Unanimous voice vote 1. Kodiak Island Borough Assembly Regular Meetings of June 21 and July 5, and Special Meeting of June 28, 2001. moved to approve the minutes as submitted. Unanimous voice vote ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XXVI Page 43 AWARDS AND PRESENTATIONS A. Proclamations Mayor LeDoux presented a proclamation honoring Senator Alan Austerman and Representative Gary Stevens for their work on behalf of Kodiak and other smaller communities during the first session of the 22nd Alaska State Legislature. Representative Stevens; Doug Letch, Representative Stevens' chief of staff; and Suzanne Hancock, Senator Austerman's legislative aid, accepted the proclamations. B. Employee of the Quarter Manager Carlson presented the Employee of the Quarter Award to Debra Rippey, Assessment Clerk II in the Assessing Department. CITIZENS' COMMENTS Vikki Jo Kennedy phoned to thank the Assembly for listening to citizen's concerns. She thanked Senator Austerman and Representative Stevens for their efforts. She urged the Assembly to help protect Kodiak from the potential consequences of the rocket launch missile silos. Al Burch, Alaska Dragger's Association, supported Resolution No. 2001 -35. He felt the McDowell Group Assessment of the Socioeconomic Impacts on Kodiak would be useful in future planning of Kodiak's fishery issues. Jav Stinson supported Resolution No. 2001 -35. He was impressed with and supported the McDowell Group Assessment. COMMITTEE REPORTS None. PUBLIC HEARING A. Ordinance No. 2001 -18 Rezoning Portions of U.S. Survey 2261 From C- Conservation To I- Industrial and From I- Industrial To C- Conservation in Accordance with the Map Submitted by the City of Kodiak, Dated May 16, 2001 (South End of Near Island Along Dog Salmon Bay Road) STEVENS, moved to adopt Ordinance seconded by BRANSON No. 2001 -18. Manager Carlson said the rezone was in accordance with the upland boundary description submitted by the City of Kodiak. Mayor LeDoux called for public testimony; hearing and seeing none, she reconvened the regular meeting. Regular Assembly Meeting July 19, 2001 AWARDS AND PRESENTATIONS PROCLAMATIONS EMPLOYEE OF THE QUARTER CITIZENS' COMMENTS COMMITTEE REPORTS PUBLIC HEARING ORDINANCE NO. 2001 -18 Volume XXVI Page 44 VOTE ON MOTION TO ADOPT Ayes: Abell, Branson, Razo, Stevens, Turner Noes: None Absent: Bonney, Heinrichs MOTION CARRIED Unanimous BOROUGH MANAGER'S REPORT Manager Carlson provided an update on the High School Roof Project that would include revamping the heating system. He was busy reviewing the draft report for the $30 million settlement funds on the Stellar sea lion litigation. He said that they would hold a public foHe received the McDowell Group Assessment Draft Report and hoped the final report would be produced by August 25. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM THE MAYOR Mayor LeDoux spoke with Pat Ladner of the Alaska Aerospace Development Corporation who would prepare a response to the request for a town meeting on rocket launch issues. She urged residents to complete the Supplemental Environmental Impact Statement forms on groundfish that were distributed by the South West Alaska Municipal Conference. She noted that the McDowell Group recommended Alternative 1 as being in the best interest of Kodiak. UNFINISHED BUSINESS UNFINISHED BUSINESS NEW BUSINESS NEW BUSINESS None. A. CONTRACTS CONTRACTS B. RESOLUTIONS RESOLUTIONS None. None. 1. Resolution 2001 -34 Authorizing Land Sale RESOLUTION Number Fourteen and Establishing Terms and NO. 2001 -34 Conditions. RAZO, moved to adopt Resolution seconded by BRANSON No. 2001 -34. Manager Carlson said the properties determined for disposal at a public outcry auction were located in Bell's Flats and Selief Estates. Regular Assembly Meeting July 19, 2001 MANAGER'S REPORT Volume XXVI Page 45 Assemblymember Razo said disposal of Borough land to the public was a focus of the Assembly during strategic planning. He added that this would increase the Borough's tax base and create revenues of $500,000. Assemblymember Turner felt this would provide an opportunity to develop the property. She thanked Manager Carlson and staff for submitting this to the Assembly. VOTE ON MOTION TO ADOPT Ayes: Branson, Razo, Stevens, Turner, Abell Noes: None Absent: Bonney, Heinrichs MOTION CARRIED Unanimous 2. Resolution No. 2001 -35 Stating the Kodiak RESOLUTION Island Borough's Position Regarding the NO. 2001 -35 Alternatives Presented in the National Marine Fisheries Service's Draft Programmatic Supplementary Environmental Impact Statement on Groundfish Fisheries. BRANSON, moved to adopt Resolution seconded by TURNER No. 2001 -35. Manager Carlson said that this reflected the recommendation of the McDowell Group Assessment. Assemblymember Razo commended Manager Carlson for the timeliness of the McDowell Group Assessment. He felt this would aid local government officials in expressing their comments on important fishery issues. Assemblymember Stevens supported the alternative identified in the Supplementary Environmental Impact Statement (SEIS) as the status quo. He indicated that the status quo was the current fisheries management plan and that it was working quite well. The current fishery management system is an active process that reacts to the changing needs in the fisheries and has protected the fish stocks very effectively for many years. He opposed the other alternatives outlined in the Supplementary Environmental Impact Statement as the consequences could devastate the local economy. Assemblymember Branson commended Manager Carlson for this Resolution and she thanked Mr. Burch and Mr. Stinson for expressing their support. VOTE ON MOTION TO ADOPT Ayes: Noes: Regular Assembly Meeting July 19, 2001 Razo, Stevens, Turner, Abell, Branson None Volume XXVI Page 46 Absent: Bonney, Heinrichs MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS 1. Resignation of Planning and Zoning PLANNING AND Commissioner. ZONING COMMISSIONER TURNER, moved to accept, with RESIGNATION seconded by BRANSON regret, the resignation of Steven Hunt from the Planning and Zoning Commission. VOTE ON MOTION MOTION CARRIED CITIZENS' COMMENTS Unanimous Voice Vote Jav Stinson thanked the Assembly for adopting a Resolution critical to the long -term sustain ability of the community. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Branson congratulated Debra Rippey as Employee of the Quarter. Assemblymember Stevens congratulated Debra Rippey and said it was a pleasure working with her. He said the Southwest Alaska Municipal Conference was developing three subregional negotiating teams to disperse the $30 million Stellar sea lion litigation funds. He encouraged people to submit the SEIS letters in support of Alternative No. 1 by mail, fax, or through the SWAMC web site at www.swamc.org. Assemblymember Turner congratulated Debra Rippey. She thanked Al Burch, Jay Stinson, and Vikki Jo Kennedy for taking time to comment to the Assembly and the community. Assemblymember Abell congratulated Debra Rippey. He was glad to see the Borough sell larger lots. He felt that supporting the fishing industry would create a strong economy. He felt a town meeting would be a great way for the community and the governing body to communicate. Assemblymember Razo wanted to clarify the pending litigation to be discussed in executive session regarding the application for petition to place mayoral term limits on the ballot. He said the right to run for office and the right of voters to vote for the candidate of their choice were fundamental constitutional rights. He said the Borough clerk Regular Assembly Meeting July 19, 2001 ORDINANCES FOR INTRODUCTION OTHER ITEMS CITIZENS' COMMENTS Volume XXVI Page 47 rejected the application for petition based on the Borough attorney's legal opinion that term limits would not be enforceable as a matter of law because it is unconstitutional. EXECUTIVE SESSION A. Pending Litigation on Mahoney v. Kodiak Island Borough and Judith A. Nielsen, Clerk of the Kodiak Island Borough. RAZO, moved to convene into seconded by BRANSON executive session. VOTE ON MOTION Ayes: Stevens, Turner, Abell, Branson, Razo None Bonney, Heinrichs Unanimous the Assembly convened into Executive Noes: Absent: MOTION CARRIED At 8:16 p.m. Session. At 9:05 p.m. Mayor LeDoux reconvened the special meeting and announced that no action would be taken as a result of the executive session. ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 9:06 p.m. cT Cy Gabrielle Le i ux Mayor ATTEST: Judith A. Nie Borough Clerk Regular Assembly Meeting July 19, 2001 sen, CMC Approved 09/06/2001 EXECUTIVE SESSION PENDING LITIGATION ON MAHONEY V. KODIAK ISLAND BOROUGH AND JUDITH A. NIELSEN, CLERK OF THE KODIAK ISLAND BOROUGH ADJOURNMENT Volume XXVI Page 48