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2002-02-21 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting February 21, 2002 A regular meeting of the Kodiak Island Borough Assembly was held February 21, 2002 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 David Davis of the Salvation Army, followed by the Pledge of Allegiance. There were present: Mayor: Gabrielle LeDoux Assemblymembers: Tom Abell Tuck Bonney Greg Razo Absent: Pat Branson comprising a quorum of the Assembly; and Pat Carlson, Manager Judi Nielsen, Borough Clerk Assemblymembers Branson and Heinrichs were absent and asked to be excused. STEVENS, seconded by RAZO VOTE ON MOTION MOTION CARRIED APPROVAL OF AGENDA TURNER, seconded by BONNEY VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS A. Student of the Month B. Proclamation Regular Assembly Meeting February 21, 2002 Wayne Stevens Darlene Turner Robin Heinrichs moved to excuse Assemblymembers Branson and Heinrichs. Unanimous voice vote moved to approve the agenda. Unanimous voice vote Mayor LeDoux presented the Student of the Month Award to Robert Boskofsky, a senior at Ouzinkie School. Mayor LeDoux proclaimed February 2002 National African American History Month in Kodiak urging all citizens to celebrate diverse heritage and culture and continue efforts to create a world that is more just, peaceful, and prosperous for all. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS STUDENT OF THE MONTH PROCLAMATION NATIONAL AFRICAN AMERICAN HISTORY MONTH Volume XXVII Page 148 CITIZENS' COMMENTS None. COMMITTEE REPORTS Barbara Williams, Planning and Zoning Commissioner, urged the Assembly to confirm Mayor LeDoux's appointments to the Commission. Currently four Commissioners attended meetings and the caseload was heavy. She thanked the Mayor, Assembly, Manager, and clerk's office staff for the Boards and Committees reception. She felt Jake Ketscher and Reed Oswalt would positively impact the Commission. Robin Gardner, Providence Kodiak Island Mental Health Center director, reported that the Center completed the year with a gain of $10,864. Providence was pleased with the results of the consumer survey. The transition of the Mental Health Center Advisory Board under the auspices of Providence was anticipated. The intent was to retain the current Board members with staggered terms. She would attend a one -week leadership program. Staff submitted applications and received grants of $20,000. In response to Assemblymember Stevens, Ms. Gardner said approximately 150 surveys were mailed and 75 returned. Assemblymember Bonney requested a breakdown of budget school services and where the money was spent. Phil Cline, Providence Kodiak Island Hospital administrator, reported that the audit report was positive with a profit in fiscal year 2001 of almost one million dollars. That meant the Borough would receive $480,000. January had a positive operating margin but volume was off by 16 %. Management would watch the trend closely. The hospital was not prepared to meet the challenges of Kodiak's burgeoning elderly population, service to uninsured and underinsured patients was improved, and the specialty clinic was reaching capacity. He and his wife Noel would leave Kodiak with strong feelings for the community and the deepest respect for the hospital staff, the Assembly, and Borough staff. Assemblymember Razo testified at the North Pacific Fisheries Management Council Meetings regarding crab rationalization. He felt it was time for the Borough to reevaluate the process and the Borough's goals by participating in the discussion. The next step was ground fish rationalization and an individual who understood the issues was needed to undertake the Borough's cause. Assemblymember Turner thanked Ms. Gardner. She felt the Mental Health Center Advisory Board should be a board of Providence. She attended the Alaska Municipal League Conference where several bills regarding land and the pipeline and their economic impacts were discussed. PUBLIC HEARING A. Ordinance No. 2002 -03 Amending KIB Code of Ordinances Title 8 Health and Safety Chapter 8.04 Hospital and Health Facilities Advisory Board Section 8.04.010 Created -- Membership and Chapter 8.08 Mental Health Center Advisory Board Section 8.08.010 Created -- Membership. Regular Assembly Meeting February 21, 2002 CITIZENS' COMMENTS COMMITTEE REPORTS PUBLIC HEARING ORDINANCE NO. 2002 -03 Volume XXVII Page 149 STEVENS, seconded by TURNER BONNEY, seconded by TURNER VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: Absent: MOTION CARRIED Regular Assembly Meeting February 21, 2002 moved to adopt Ordinance No. 2002 -03. moved to amend Ordinance No. 2002 -03 by substitution. VOTE ON MOTION TO AMEND Ayes: Abell, Bonney, Razo, Stevens, Turner Noes: None Absent: Branson, Heinrichs MOTION CARRIED Unanimous Manager Carlson said this brought the appointment process in compliance with Alaska Statutes 29.30.320. Mayor LeDoux called for public testimony; hearing and seeing none, she reconvened the regular meeting. Assemblymember Stevens felt it was also appropriate that the Hospital Advisory Board become a Providence Board. Bonney, Razo, Stevens, Turner, Abell None Branson, Heinrichs Unanimous B. Ordinance No. 2002 -04 Rezoning Alaska State Land Survey 90 -151 From WH- Wildlife Habitat To RD -Rural Development in Accordance with the Attached Map. (Generally Located Along Eagle Harbor, Ugak Bay) TURNER, moved to adopt seconded by STEVENS Ordinance No. 2002 -04. Mayor LeDoux announced that five public hearing notices were mailed on February 8 and none were returned. Manager Carlson said the petitioner requested the rezone to Rural Development to resolve a zoning violation for the establishment of a lodge use and structure within the existing WH- Wildlife Habitat zone. Mayor LeDoux called for public testimony; hearing and seeing none, she reconvened the regular meeting. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Razo, Stevens, Turner, Abell, Bonney Noes: Branson, Heinrichs MOTION CARRIED Unanimous ORDINANCE NO. 2002 -04 Volume XXVII Page 150 BOROUGH MANAGER'S REPORT BOROUGH MANAGER'S REPORT Manager Carlson was preparing the resolution requesting the Board of Fish reconsider its decision setting a limit of five sport caught King salmon per year in the Kodiak Region that was requested by Assemblymember Razo. He said the Anton Larsen Bay Project 95% drawings should be received soon. He reviewed the draft report on the Department of Fish and Game Building Needs Assessment and Condition Survey. He met with Bud Cassidy, Randy Muth, Village Safe Water coordinator, Valerie Pillans of KANA, and Tom Quick of Ouzinkie regarding the matching of Exxon Valdez Oil Spill grants. He was working with Akhiok regarding their solid waste landfill. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM BOROUGH MAYOR In response to Commissioner Williams' previous comments, Mayor LeDoux hoped the Assembly would confirm her appointments to the Commission as there were several good applicants. She congratulated Assemblymember Razo and Manager Carlson for the resolution on the five fish limit. She considered fishing issues very important. She congratulated Ben Ardinger on receiving the NEA Champion for Children Award for reinstating the elementary school band program. She had a wonderful time at Port Lions' celebration of Aleutiq Heritage Week and planned to attend Akhiok's celebration. UNFINISHED UNFINISHED BUSINESS BUSINESS None. NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS None. B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 2002 -07 Supporting the Kodiak RESOLUTION State Parks Citizen's Advisory Board FY 2003 NO. 2002 -07 State Budget Request. BONNEY, moved to adopt seconded by RAZO Resolution No. 2002 -07. Manager Carlson said Dr. Mark Withrow, State Parks Advisory Board Member, requested the resolution to seek additional funding. This was similar to a resolution adopted in 1992. Assemblymember Turner felt this was beneficial to parks and the history of World War II. Regular Assembly Meeting February 21, 2002 Volume XXVII Page 151 VOTE ON MOTION TO ADOPT Ayes: Stevens, Turner, Abell, Bonney, Razo Noes: Absent: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2001 -10B Amending Ordinance No. 2001 -10 Fiscal Year 2002 Budget to Accept Additional Funds for the Kodiak Island Borough. STEVENS moved to adopt Ordinance seconded by RAZO No. 2001 -10B in first reading to advance to public hearing on March 7, 2002. Manager Carlson explained that the Exxon Valdez Oil Spill Trustee Council approved funding of $1,857,100 for the Kodiak Island Borough Master Waste Management Plan in 1998; however, only $1,585.800 was received. This was the remaining $271,300 to be accepted by the Borough. VOTE ON MOTION TO ADVANCE Ayes: Turner, Abell, Bonney, Razo, Stevens Noes: Absent: MOTION CARRIED D. OTHER ITEMS 1. Confirmation of Mayoral Appointment to a seat to expire December 31, 2003 on the Planning and Zoning Commission. BONNEY, seconded by ABELL Assemblymember Stevens said the previous delay of the confirmation of appointees was not a "power play" but a gracious attempt to allow the mayor sufficient time to speak with the applicants. Assemblymember Bonney noted there were six applicants for two Commission seats. VOTE ON MOTION TO CONFIRM Ayes: Noes: Absent: Regular Assembly Meeting February 21, 2002 None Branson, Heinrichs Unanimous None Branson, Heinrichs Unanimous moved to confirm the mayoral appointment of John J. "Jake" Ketscher to a seat to expire December 31, 2003 on the Planning and Zoning Commission. Abell, Bonney, Razo, Stevens Turner Branson, Heinrichs ORDINANCES FOR INTRODUCTION ORDINANCE NO. 2001 -10B OTHER ITEMS P & Z COMMISSION CONFIRMATION Volume XXVII Page 152 MOTION CARRIED 4 Ayes, 1 No 2. Confirmation of Mayoral Appointment to a seat P & Z COMMISSION to expire December 31, 2004 on the Planning and CONFIRMATION Zoning Commission. BONNEY, seconded by TURNER moved to confirm the mayoral appointment of Reed E. Oswalt to a seat to expire December 31, 2004 on the Planning and Zoning Commission. Assemblymember Turner strongly felt there were many highly qualified applicants. She felt the recent Board of Adjustment was an uncomfortable situation caused by an inappropriate Commission decision. Mayor LeDoux appointed Mr. Oswalt because of his perspective and knowledge of the community. She felt that if others were more qualified those qualifications should be mentioned specifically. VOTE ON MOTION TO CONFIRM Ayes: Bonney, Stevens, Abell Noes: Razo, Turner MOTION FAILED 3 Ayes, 2 Noes CITIZENS' COMMENTS Marie Chandler phoned to comment on the hospital. Commissioner Williams relayed that decisions were difficult but she felt Mr. Oswalt was a balance on the Commission. Clarence Selig phoned to thank Phil Cline. As Planning and Zoning Commission chair, he appreciated Commissioner Williams' comments. He thanked Mr. Oswalt for assisting in creating a well- balanced Commission. He hoped previous Commissioners; Assemblymembers Heinrichs, Razo, and Turner; understood the complexities of the Commission. Dennis Carlson phoned to express concern for students who were forced to walk on Rezanof Drive because of the snow berm on the sidewalks. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Razo had a good experience working with Mr. Oswalt on the Commission; however, the recent Board of Adjustment was caused when the Commission failed to seek additional information and made a decision based on some form of community neighborhood and not on following the law. He agreed with Assemblymember Turner's comments. Assemblymember Abell said decisions were difficult with seven personalities choosing from several applicants. He noted that Assemblymember Razo gave a good report on the North Pacific Fisheries Management Council Meeting at the last Assembly work session. He appreciated Phil and Noel Cline for their service to the community. Assemblymember Turner congratulated Robert Boskofsky as Student of the Month citing his personality and Regular Assembly Meeting February 21, 2002 CITIZENS' COMMENTS Volume XXVII Page 153 leadership. She appreciated Commissioner Williams' comments. She thanked Ms. Gardner for the Mental Health Center report. She said Phil Cline was a wonderful well - respected leader and she was sad to see him go. She agreed that elderly care at the hospital was important and noted there was now a person at the Senior Center who cared for people over 60 years of age. She said her vote on the Commission confirmation as not about personalities but leadership and the need to resolve important issues. Assemblymember Stevens congratulated Robert Boskofsky saying the award spoke well of the education system. He congratulated Phil and Noel Cline. He said the Assembly was concerned about the students on Rezanof Drive; however, the road was maintained by the state. Assemblymember Bonney apologized to Mr. Oswalt for petty politics. He felt time could be better spent discussing the budget and the schools. ADJOURNMENT ADJOURNMENT Mayor LeDoux announced that the Assembly would meet in a work session on Thursday, February 28 at 7:30 p.m. in the Borough conference room with a joint Assembly /City Council work session to follow, and a regular meeting on Thursday, March 7, at 7:30 p.m. in the assembly chambers. There being no further business to come before the Assembly, the meeting adjourned at 8:56 p.m. /0?) Gabrielle LeDoux ' Mayor ATTEST: udith A. Ni sen, CMC Borough Clerk Regular Assembly Meeting February 21, 2002 Approved: 04/18/2002 Volume XXVII Page 154