2001-11-15 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly
was held November 15, 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: ROLL CALL
Mayor:
Gabrielle LeDoux
Assemblymembers:
Tom Abell
Tuck Bonney
Pat Branson
Absent:
Wayne Stevens
Darlene Turner
KODIAK ISLAND BOROUGH
Regular Assembly Meeting
November 15, 2001
comprising a quorum of the Assembly; and
Pat Carlson, Manager
Nova Javier, Deputy Clerk
Peggy Dvorak, Clerk's Office Staff
Robin Heinrichs
Greg Razo
BRANSON, moved to excuse
seconded by HEINRICHS Assemblymembers Turner
and Stevens.
VOTE ON MOTION TO EXCUSE
MOTION CARRIED
APPROVAL OF AGENDA
HEINRICHS,
seconded by BRANSON
VOTE ON MOTION TO APPROVE
MOTION CARRIED
APPROVAL OF MINUTES
Unanimous voice vote
moved to approve the
agenda.
Unanimous voice vote
1. Kodiak Island Borough Assembly Regular Minutes of
September 20 and October 9, 2001.
BONNEY, moved to approve the
seconded by BRANSON minutes as submitted.
Mayor LeDoux presented the Student of the Month Awards to
Jacquie Seeger, a student at Port Lions School and to
Catherine Harris, a student at the Correspondence School.
CITIZENS' COMMENTS
None.
Regular Assembly Meeting
November 15, 2001
REGULAR MEETING
APPROVAL OF
AGENDA
APPROVAL OF
MINUTES
VOTE ON MOTION TO APPROVE
MOTION CARRIED Unanimous voice vote
AWARDS AND
AWARDS AND PRESENTATIONS PRESENTATIONS
A. Students of the Month STUDENT OF THE
MONTH
CITIZENS'
COMMENTS
Volume XXVII
Page 92
COMMITTEE REPORTS
Assemblymember Razo said he represented the Assembly's
viewpoint before the Alcoholic Beverage Control (ABC)
Board regarding Mr. Bernie Karl's application for a liquor
license at Narrow Cape Lodge. He said the ABC Board
denied the application based on the Borough's
determination that it would constitute a zoning violation
and a non - compliance with the Conditional Use Permit.
Assemblymember Heinrichs said the governor identified the
Coastal Policy Council tentatively as the body to review
the research study of the Gulf of Alaska and he looked
forward to being involved with the study.
PUBLIC HEARING
A. Ordinance No. 2001 -20 Amending Kodiak Island Borough ORDINANCE
Code Title 17 Zoning, Chapter 17.11 WH- Wildlife
Habitat District, Section 17.11.050 Area and Yard
Requirements, and Section 17.11.060 Setback
Requirements.
BONNEY, moved to adopt Ordinance
seconded by BRANSON No. 2001 -20.
Manager Carlson said this would correct a deficiency in
the zoning code, ensure that lot sizes would be no smaller
than five acres, and adjust the setbacks to correspond
with the conservation zone for all land generally located
on Shearwater Peninsula.
Assemblymember Heinrichs favored the ordinance; however,
he wanted to see the number of zoning districts minimized
especially single use zoning districts. Amending the
Conservation Zoning District or applying the Natural Use
Zoning District would allow the area to be managed and
planned better.
RAZO,
seconded by BONNEY
Manager Carlson, in response to Assemblymember Heinrichs,
said postponement could alleviate confusion by the public
acquiring and subdividing properties into one -acre lots
which would violate the intent of Wildlife Habitat Zoning.
VOTE ON MOTION TO POSTPONE
Ayes:
Noes:
Absent:
MOTION FAILED
VOTE ON MOTION TO ADOPT
Ayes:
Noes:
Absent:
Regular Assembly Meeting
November 15, 2001
moved to postpone
Ordinance No. 2001 -20
indefinitely to refer
back to staff and the P &Z
Commission to determine
if a rezone to C-
Conservation or another
rezone may be in order.
Abell
Bonney, Branson,
Heinrichs, Razo
Stevens, Turner
1 Aye, 4 Noes
Bonney, Branson,
Heinrichs, Razo, Abell
None
Stevens, Turner
COMMITTEE REPORTS
PUBLIC HEARING
NO. 2001 -20
Volume XXVII
Page 93
MOTION CARRIED Unanimous
BOROUGH MANAGER'S REPORT
Manager Carlson wished everyone a happy Thanksgiving.
MESSAGES FROM THE BOROUGH MAYOR
Mayor LeDoux said the Assembly's Goals and Objectives
meeting was productive because of the discussion about the
Borough's role in fishery issues. She would attend the
North Pacific Fishery Management Council (NPFMC) meeting
in December along with Assemblymembers Razo and Bonney.
She congratulated Jacquie Seeger and Catherine Harris as
Students of the Month and Jayson Bunch who was recently
named Emergency Medical Services provider of the year.
She wished everyone a happy Thanksgiving.
UNFINISHED BUSINESS
None.
NEW BUSINESS NEW BUSINESS
A. CONTRACTS CONTRACTS
None.
B. RESOLUTIONS RESOLUTIONS
1. Resolution No. 2001 -42A Amending Resolution RESOLUTION
No. 2001 -42 Adopting an Alternative Allocation NO. 2001 -42A
Method for the FY2002 Shared Fisheries Business
Tax Program and Certifying that this Allocation
Method Fairly Represents the Distribution of
Significant Effects of Fisheries Business
Activity in Fisheries Management Area 13.
RAZO, moved to adopt Resolution
seconded by BRANSON No. 2001 -42A.
Manager Carlson said because one municipality did not
participate in the program, the remaining municipalities
jointly proposed to approve a per capita formula taking
50% of the revenues and distributing it evenly to all the
participating communities.
Assemblymember Bonney felt the City of Kodiak turned their
backs on the villages and he urged the Assembly to use the
long form.
Assemblymember Razo concurred even though the long -form
required significant staff time. He said the City should
understand the importance of the funds to the villages.
Assemblymember Branson said she would vote with reluctance
and hoped for a more collaborative spirit next year.
Assemblymember Heinrichs commented that while this was
weighed heavily on a per capita basis, he would vote for
it because it was a pragmatic vote. He hoped to hold the
smaller communities harmless in a later action.
In response to Assemblymember Abell, Manager Carlson said
that based on past experiences, the cost of the long -form
was $20,000. Assemblymember Abell wanted to avoid the
significant time and money needed to use the long -form.
VOTE ON MOTION
Ayes: Branson, Heinrichs, Razo,
Abell
Regular Assembly Meeting
November 15, 2001
MANAGER'S REPORT
MESSAGES FROM
THE MAYOR
UNFINISHED
BUSINESS
Volume XXVII
Page 94
Noes:
Absent:
Bonney
Stevens, Turner
MOTION CARRIED 4 Ayes, 1 No
2. Resolution No. 2001 -50 Requesting the North
Pacific Fisheries Management Council
Incorporate into any Bering Sea Crab
Rationalization Plans a Proportionate Share
Reflecting the Kodiak Participation in Those
Fisheries.
HEINRICHS, moved to adopt Resolution
seconded by BRANSON No. 2001 -50.
Manager Carlson said this was requested to ensure that the
portion of Crab fisheries delivered to Kodiak is preserved
and maintained in any future rationalization programs for
the Bering Sea crab fisheries.
Assemblymember Bonney was glad to see the Borough making a
commitment to fisheries. He said this did not advocate
any gear group or any Individual Fishing Quotas (IFQ). He
stressed the importance of the traditional delivery of
fish to the economy of Kodiak.
Assemblymember Razo appreciated Assemblymember Bonney's
comments. He supported this and thanked the citizens for
bringing it forward. He was honored to be chosen to
represent the Assembly at the North Pacific Fishery
Management meeting in Anchorage.
Assemblymember Branson supported this as a way to help
ensure a healthy economic picture for Kodiak.
VOTE ON MOTION TO ADOPT
Ayes: Heinrichs, Razo, Abell,
Bonney, Branson
Noes: None
Absent: Stevens, Turner
MOTION CARRIED Unanimous
C. ORDINANCES FOR INTRODUCTION
None.
D. OTHER ITEMS
None.
CITIZENS' COMMENTS
Clarence Sella, Planning and Zoning Commission chair,
phoned to say that the transmission of the meeting was
poor. He wished everyone a happy Thanksgiving.
Mayor LeDoux thanked Mr. Selig for letting the Assembly
know about the microphones.
Kiela Pickett phoned and read a letter that was sent to
Mayor LeDoux and City Mayor Floyd from her husband,
Mr. Jim Pickett. She encouraged the Borough and the City
to work together on emergency medical services in Kodiak.
Assemblymember Bonney appreciated Mrs. Pickett's comments.
He said all residents paid the six percent City sales tax
but the City did not want to provide these services to the
entire community.
Regular Assembly Meeting
November 15, 2001
RESOLUTION
NO. 2001 -50
ORDINANCES FOR
INTRODUCTION
OTHER ITEMS
CITIZENS'
COMMENTS
Volume XXVII
Page 95
Mayor LeDoux thanked Mrs. Pickett. She hoped the City and
Borough could find a way to resolve the matter.
ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER
COMMENTS
Assemblymember Branson congratulated Jacquie Seeger and
Catherine Harris and wished everyone a happy Thanksgiving.
Assemblymember Heinrichs noted the recent passing of Sid
Cozart. He appreciated his accomplishments with the Youth
Shooting Program and in the schools.
Assemblymember Bonney said Peggy Ann Weston's letter had
a reasonable request and asked Manager Carlson to review
it. He felt the amount charged by the Kodiak Island
Sportsmen's Association (KISA) was excessive.
Assemblymember Abell congratulated Jacquie Seeger and
Catherine Harris. He was glad to see additional education
programs supported. He wanted appropriate discussion with
the City about the emergency medical services in Kodiak.
Assemblymember Razo was proud of the Borough's involvement
in education and hoped the state would commit to funding
education in the future. He said Alaska Legal Services
Corporation attorneys would hold a workshop on open family
law at KANA on November 20 that was open to the public.
Mayor LeDoux announced that the Assembly would meet in a
work session immediately following the regular meeting in
the Assembly Chambers conference room; a joint Assembly/
City Council work session on Tuesday, November 20 at 7:30
p.m. in the Borough conference room; a work session on
Tuesday, December 4 at 7:30 p.m. in the Borough conference
room, and a regular meeting on Thursday, December 6, 2001
at 7:30 p.m. in the assembly chambers.
She announced that members of the Assembly would travel to
Anchorage to attend the Alaska Municipal League Conference
November 26 -30, 2001. The Borough offices would be closed
on November 22 -23, 2001 in observance of the Thanksgiving
Holiday. She invited the public to join her for cake to
celebrate Assemblymember Heinrichs' birthday.
ADJOURNMENT ADJOURNMENT
There being no further business to come before the
Assembly, the meeting adjourned at 8:26 p.m.
Gab ielle LeDoux, Mayor
ATTEST:
2
; f
Judith A. Nielse
Borough Clerk
Regular Assembly Meeting
November 15, 2001
CMC
Approved: 01/17/2002
Volume XXVII
Page 96