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
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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