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2002-04-18 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting April 18, 2002 A regular meeting of the Kodiak Island Borough Assembly was held April 18, 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 Alan Ross of the Native New Life Fellowship, followed by the Pledge of Allegiance. There were present: Mayor: Gabrielle LeDoux Assemblymembers: Tom Abell Tuck Bonney Pat Branson Robin Heinrichs MOTION CARRIED AWARDS AND PRESENTATIONS A. Proclamations Regular Assembly Meeting April 18, 2002 Greg Razo Wayne Stevens Darlene Turner comprising a quorum of the Assembly; and Pat Carlson, Manager Judi Nielsen, Borough Clerk Nova Javier, Deputy Clerk (left at 7:47 p.m.) Laura Casey, Assistant Clerk (arrived 7:47 p.m.) APPROVAL OF AGENDA BRANSON, moved to approve the seconded by HEINRICHS agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES 1. Kodiak Island Borough Assembly Regular Meeting of February 21, 2002. RAZO, moved to approve the seconded by HEINRICHS minutes as submitted. VOTE ON MOTION TO APPROVE Unanimous voice vote Assemblymember Turner corrected her statement of page 7 in that "there was now a person at the Senior Center who cared for people over 60 years of age ". Unanimous voice vote Mayor LeDoux recognized Donna Bell for her distinguished service and contributions to the Kodiak Island Borough Community as a Planning and Zoning Commissioner. Mayor LeDoux proclaimed April 28 -May 4, 2002 as "Municipal Clerks Week" and encouraged all citizens to recognize this event. Clerk Nielsen accepted the proclamation. Mayor LeDoux congratulated Clerk Nielsen on her election as treasurer of the Alaska Association of Municipal Clerks. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS PROCLAMATIONS DONNA BELL DISTINGUISHED SERVICE MUNICIPAL CLERKS WEEK Volume XXVII Page 169 B. Legislative Honors LEGISLATIVE HONORS Mayor LeDoux read an honor from the Twenty- second Alaska State Legislature extending congratulations to Phil Cline on a job well done as the Providence Kodiak Island Medical Center administrator and wishing he and his wife Noel the best in the future. Mr. Cline thanked the Legislature and especially the community as he considered his service to Kodiak as an enriching experience. Mayor LeDoux read an honor from the Twenty- second Alaska State Legislature extending congratulations to Thelma Johnson on her award as the Kodiak Hospital Auxiliary's Volunteer of the Year and applauding her contributions to health care in Kodiak. Ms. Johnson accepted the award. C. Students of the Month Mayor LeDoux presented the Student of the Month Awards to David Christiansen, a senior at Old Harbor School and Mary Lynn Simeonoff, a senior at Akhiok School. D. Employee of the Quarter EMPLOYEE OF QUARTER Manager Carlson presented the Employee of the Quarter Award to Nova Javier, Deputy Clerk in the Borough Clerk's Office. CITIZENS' COMMENTS Clerk Nielsen read a letter from Thom Wischer, United Salmon Association of Kodiak chair, endorsing Resolution No. 2002 -14 supporting Senate concurrent Resolution No. 28. Al Burch, Alaska Draggers Association executive director, spoke in support of Senate concurrent Resolution No. 28. He attended the Salmon Summit and found it very informative. He encouraged residents to be involved in fishery issues as there could be substantial impacts to the community. COMMITTEE REPORTS Jerome Selby, Providence Kodiak Island Medical Center interim director, reported that the hospital's net gain for March was $11,000 and the year to date gain was $105,000. He appreciated the changes to the Providence contracts and noted that the existing Hospital Advisory Board and Mental Health Center Advisory Board members would be retained. He appreciated Manager Carlson and the Engineering and Facilities Department for improvements to the hospital parking lot that netted an increase of 35 parking spaces. In response to Assemblymember Heinrichs, he said 17 specialists regularly served specialty clinic patients which was a significant increase from years past. Assemblymember Branson said the Hospital Advisory Board reviewed the hospital budget in detail each month. Manager Carlson said hospital profits paid for the parking lot improvements. Regular Assembly Meeting April 18, 2002 STUDENTS OF THE MONTH CITIZENS' COMMENTS COMMITTEE REPORTS Volume XXVII Page 170 Cheryl Boehland, Planning & Zoning Commissioner, provided an update on the current Planning and Zoning cases. She noted that an eagle was nesting on Mission Road near Potato Patch Lake. Assemblymember Turner thanked Commissioner Boehland for her report. Assemblymember Razo said the school district was preparing the budget report to transmit to Manager Carlson. The school board looked at the fluctuation of costs and how to maintain the current funding without receiving other funds. He said inflation caused an increase of $400 - $500 thousand per year to maintain current levels. In response to Assemblymember Heinrichs, he noted that the school board prioritized a list and the top two were special education program and the qualifying exam to ensure that students were receiving the education they need to pass. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Carlson reported that the North Pacific Fisheries Management Council passed a community IFQ Program. He congratulated Duncan Fields on the Bering Sea Aleutian Crab Rationalization that would be out in June. He would travel to Juneau for joint lobbying. He attended the bear aware meeting and advised that people were to call the city police or Larry VanDaele at the Alaska Department of Fish and Game if a bear was sighted and not 911. The intent was not to move the bears but to move the garbage. Assemblymember Razo wanted to consider installing flashing yellow school zone lights at the corner of Mill Bay Road and Rezanof Drive, since the road was being repaved. MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux gave her condolences to the families of Tom Madsen and Pete Deveau. She also attended the crab rationalization and planned to attend the next council meeting in Dutch Harbor. She was pleased to see Senate concurrent Resolution No. 28 as the task force would guide the fishing industry. STEVENS, moved to approve Contract seconded by BRANSON No. 2002 -03 with Philip Regular Assembly Meeting April 18, 2002 PUBLIC HEARING MANAGER'S REPORT MESSAGES FROM MAYOR UNFINISHED UNFINISHED BUSINESS BUSINESS None. NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 2002 -03 Kodiak Island Borough CONTRACT Household Hazardous Waste Collection and Disposal. NO. 2002 -03 Volume XXVII Page 169 Services Corporation in an amount not to exceed $25,000. Manager Carlson said the cost was based on the waste left from last year. In response to Assemblymember Stevens, he said residents could drop off household hazardous waste at the high school or the land fill on clean -up day, May 4. VOTE ON MOTION TO APPROVE Ayes: Noes: MOTION CARRIED B. RESOLUTIONS VOTE ON MOTION TO ADOPT Ayes: RAZO, seconded by HEINRICHS VOTE ON MOTION AT ADVANCE Abell, Razo, Branson, Heinrichs, Bonney, Stevens, Turner None Unanimous 1. Resolution No. 2002 -14 Supporting Senate Concurrent Resolution No. 28 Establishing the Joint Legislative Salmon Industry Task Force. HEINRICHS, moved to adopt resolution seconded by BRANSON No. 2002 -14. Manager Carlson said this supported Senator Austerman's efforts to create a Legislative Task Force. Assemblymember Stevens said the comments of Al Burch and other community members helped Senator Austerman's efforts and holding the salmon summit during Comfish in Kodiak helped retain this as a priority. Noes: None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION Bonney, Stevens, Turner, Abell, Razo, Branson, Heinrichs 1. Ordinance No. 2002 -05 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.39 Boards, Committees, and Commissions Section 2.39.030 Appointments. moved to adopt Ordinance No. 2002 -05 to advance to public hearing on May 2, 2002. Clerk Nielsen said the attorney's recommended language was incorporated into the ordinance. Ayes: Branson, Heinrichs, Bonney, Stevens, Turner, Abell, Razo Noes: None Regular Assembly Meeting April 18, 2002 RESOLUTIONS RESOLUTION NO. 2002 -14 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 2002 -05 Volume XXVII Page 172 MOTION CARRIED Unanimous D. OTHER ITEMS HEINRICHS, seconded by BRANSON Manager Carlson advised this was a historic driveway and the owners had no objections. The vacation was approved by the Planning and Zoning Commission. VOTE ON MOTION TO APPROVE Ayes: Noes: 1. Vacation of the Access Component of a Twenty (20) Foot Wide Access and Utility Easement on Lot 6C, Block 4, Bells Flats Alaska Subdivision (Plat 85- 29), Resulting in a Twenty (20) Foot Wide Utility Easement Only. MOTION CARRIED 2. May 13, 2002 Special By -mail Election Board. RAZO, seconded by BONNEY Clerk Nielsen said the ballots. VOTE ON MOTION TO APPROVE moved to approve the vacation of the access component of a twenty foot wide access and utility easement on Lot 6C, Block 4, Bells Flats Alaska Subdivision resulting in a twenty foot wide utility easement only. Heinrichs, Bonney, Stevens, Turner, Abell, Razo, Branson None Unanimous moved to approve the election board as presented by the borough election supervisor. election board would canvass the Ayes: Razo, Branson, Heinrichs, Bonney, Stevens, Turner, Abell Noes: None MOTION CARRIED Unanimous 3. Planning and Zoning Commission Vacancy. STEVENS, seconded by BRANSON moved to declare, with regret, seat held by Donna Bell on the Planning and Zoning Commission for a term to expire October 2003 vacant and direct the borough clerk to advertise the vacancy. Assemblymember Stevens gave his sincere appreciation of Ms. Bell for her tenure on the Commission. Regular Assembly Meeting April 18, 2002 OTHER ITEMS VACATION BY -MAIL ELECTION BOARD P &Z COMMISSION VACANCY Volume XXVII Page 173 VOTE ON MOTION TO DECLARE VACANCY Ayes: Stevens, Turner, Abell, Razo, Branson, Heinrichs, Bonney Noes: None MOTION CARRIED Unanimous 4. Confirmation of Mayoral Appointment to the Airport Advisory Committee. BRANSON, moved to confirm the mayoral seconded by HEINRICHS appointment of Dan C. Dorman to a seat on the Airport Advisory Committee for a term to expire December 31, 2004. VOTE ON MOTION TO CONFIRM Ayes: Turner, Abell, Razo, Branson, Heinrichs, Bonney, Stevens Noes: None MOTION CARRIED Unanimous Ayes: 5. Confirmation of Mayoral Appointment to the Architectural Review /Building Code Board of Appeals. HEINRICHS, seconded by BRANSON VOTE ON MOTION TO CONFIRM Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO CONFIRM Ayes: Regular Assembly Meeting April 18, 2002 moved to confirm the mayoral appointment of Charlie Jerling Jr. to a seat on the Architectural Review /Building Code Board of Appeals for a term to expire December 31, 2003. Abell, Razo, Branson, Heinrichs, Bonney, Stevens, Turner AIRPORT ADVISORY COMMITTEE CONFIRMATION ARB /BCBA CONFIRMATION 6. Confirmation of Mayoral Appointment to the Parks PARKS AND and Recreation Committee. RECREATION COMMITTEE BRANSON, moved to confirm the mayoral CONFIRMATION seconded by STEVENS appointment of Dan C. Dorman to a seat on the Parks and Recreation Committee for a term to expire December 31, 2003. Bonney, Stevens, Turner, Abell, Razo, Branson, Heinrichs Volume XXVII Page 174 Noes: MOTION CARRIED CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS None Unanimous Assemblymember Branson congratulated the Students of the Month, David Christiansen and Mary Lynn Simeonoff. She congratulated Employee of the Quarter, Nova Javier, saying it was a pleasure to work with someone detailed in their work and always in a good mood. She congratulated Phil Cline and Thelma Johnson on their Legislative honors saying it was an honor to work with professionals. She thanked Donna Bell for her seven years of service on the Planning and Zoning Commission. Assemblymember Heinrichs thanked Donna Bell for her service to the community and wished her the best. He congratulated the Students of the Month David Christiansen and Mary Lynn Simeonoff. He congratulated Nova Javier and said she was a breath of fresh air. He recognized Phil Cline and Thelma Johnson. He was pleased to see progress at the meetings. Assemblymember Bonney said the ATV and Parks and Recreation Committees were working on a long -term trail plan for the ATV use and a proposal for an ATV free zone at Termination point. He urged residents to attend the meetings. Next month, the meeting would be held in Bells Flats to review horses, ATV's, and hikers. He was working with Murphy Forner on cleaning up Saltry Cove. He sent his condolences to the Deveau family. Assemblymember Stevens said May 4, 2002 was clean up day and the Kodiak Chamber of Commerce and Subway were the primary sponsors. He spent time with Senator Austerman and Representative Stevens in Juneau discussing Kodiak issues. He spoke with the Captain of the M/V Tustemena about the services that they will be providing this summer. He congratulated Thelma Johnson and Phil Cline on their recognition. He wished Donna Bell a quick recovery. Assemblymember Turner thanked Assemblymember Razo for attending the School Board meetings. She wished Donna Bell a quick recovery. She Congratulated Thelma Johnson and Phil Cline for their contribution to the community. Assemblymember Abell congratulated Phil Cline, Thelma Johnson, the Borough Clerks office, and village students. The community is expanding and with the expansion, trees will have to be cut. He thanked Commissioner Boehland for her report. He wanted to see more planning for Borough land. He thanked Assemblymember Razo for attending the School Board meetings. People need to voice their concerns regarding the community. Assemblymember Razo said if funding to the school district reached the cap, taxes may need to be increased. He said it was a pleasure living in a community that honors those people involved and there was still an opportunity to be involved. He congratulated all who were honored. Regular Assembly Meeting April 18, 2002 CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXVII Page 175 Mayor LeDoux announced that the Assembly would meet in a work session on Thursday, April 25 at 7:30 p.m. in the Borough conference room; and a regular meeting on Thursday, May 2 at 7:30 p.m. in the assembly chambers. EXECUTIVE SESSION A. IBEW Contract Proposal B. Pending Litigation on Mahoney v. Kodiak Island Borough and Judith A. Nielsen, Clerk of the Kodiak Island Borough. HEINRICHS, seconded by BRANSON At 8:45 p.m. Mayor LeDoux invited Manager Carlson and the Clerk's office staff into the executive session. Mayor LeDoux reconvened the regular meeting at 9:33 p.m. and announced that direction was given to the negotiator regarding the IBEW contract proposal. Direction was also given to the Manager to confer with the attorney regarding pending litigation on Mahoney v. Kodiak Island Borough and Judith A. Nielsen, Clerk of the Kodiak Island Borough. ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 9:35 p.m. ATTEST: i4VI) u dith A. Nielse , CMC Approved June 4, 2002 Borough Clerk Regular Assembly Meeting April 18, 2002 moved to convene into executive session to discuss IBEW Contract Proposal and Pending Litigation on Mahoney v. Kodiak Island Borough and Judith A. Nielsen, Clerk of the Kodiak Island Borough. Ga r ielle LeDoux.� b Mayor EXECUTIVE SESSION IBEW CONTRACT PROPOSAL PENDING LITIGATION ADJOURNMENT Volume XXVII Page 176