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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