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2002-09-19 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held September 19, 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 Pastor Larry Cornett of the Church of the Nazarene, followed by the Pledge of Allegiance. There were present: Mayor: Gabrielle LeDoux Assemblymembers: Tom Abell Tuck Bonney Pat Branson Robin Heinrichs CITIZENS COMMENTS Regular Assembly Meeting September 19, 2002 KODIAK ISLAND BOROUGH Regular Assembly Meeting September 19, 2002 comprising a quorum of the Assembly; and Pat Carlson, Manager Judi Nielsen, Borough Clerk Nova Javier, Deputy Clerk Greg Razo Wayne Stevens Darlene Turner REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF AGENDA STEVENS, moved to approve the seconded by BRANSON agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS A. PROCLAMATIONS Mayor LeDoux proclaimed September 15 through October 15, 2002, "Hispanic Heritage Month" in Kodiak urging all citizens to recognize the important contributions made by Hispanic Americans in our community. El Salvadorian representative Luis Mendez and Hispanic- American representatives Enrique and Victoria Perez accepted the proclamation. APPROVAL OF MINUTES AWARDS AND PRESENTATIONS PROCLAMATIONS HISPANIC HERITAGE MONTH CITIZENS COMMENTS Volume XXVII Page 253 Murphy Forner, ATV Stakeholder Committee chair, reported that the Committee worked hard and unanimously recommended Resolution No. 2002 -26 and hoped the Assembly would move it on for consideration by the Alaska Municipal League. He invited the Assembly to attend the Committee meeting on Tuesday, September 24. Nancy Wells, Womens Bay Community Council chair, noticed the executive session to discuss their lawsuit. She said the Borough Attorney requested a hearing extension to October 8 because he was unavailable. She wondered why he was available to meet with the Assembly in Kodiak. Yeshi Benyamin, asked the Assembly to use their mandated powers to stop the Borough lawyer's orders to evict him and take his property and sell it. COMMITTEE REPORTS Robin Gardner, Providence Kodiak Island Mental Health Center (PKIMHC) director, said the August financial report reflected a reduction of the budget deficit from $40,000 to $13,000. She gave an update on current vacancies. She did another site review in Homer. She said the Mental Health Center participated at the Health Fair in Kodiak September 7. She proudly reported that the State of Alaska Division of Mental Health and the Department of Economic Development were impressed with their partnership with the school district and the Borough which made them the Clinician Model in the State. Pat Branson announced Don Rush would start in November as the new Providence Kodiak Island Medical Center administrator. PUBLIC HEARING A. Ordinance No. 2002 -10B Amending Fiscal Year 2003 Budget to Reflect Amendments. NO. 2002 - 10B HEINRICHS, moved to adopt seconded by STEVENS Ordinance No. 2002 -10B Manager Carlson requested the increase to the Womens Bay Road Service Area's budget in the Amount of $30,000 to seal coat 3.1 miles of paved roads. Mayor LeDoux called for public testimony; hearing and seeing none, she reconvened the regular meeting. VOTE ON MOTION TO ADOPT Ayes: Noes: None Regular Assembly Meeting September 19, 2002 Abell, Bonney, Branson, Heinrichs, Razo, Stevens, Turner COMMITTEE REPORTS PUBLIC HEARING ORDINANCE Volume XXVII Page 254 MOTION CARRIED: Unanimous BOROUGH MANAGER'S REPORT Manager Carlson said that the Southwest Alaska Municipal Conference (SWAMC) was well- attended and very productive. He reported that the North Pacific Fishery Management Council (NPFMC) would hold a three -day conference to discuss issues regarding protection of essential fish habitats, restrictions, and other issues. MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux expressed her condolences to Pastor Steven Kenney's family. She urged the people to attend the NPFMC's meetings. She thanked the ATV Adhoc Committee for their hard work. Manager Carlson announced that the NPFMC's meeting would be held at the Best Western Harbor Room. UNFINISHED BUSINESS None. NEW BUSINESS A. CONTRACTS None. B. RESOLUTIONS 1. Resolution No. 2002 -26 Lobbying the Alaska State Legislature to Adopt a Statewide All Terrain Vehicle (ATV) Registration Program as Part of a Long -Term Strategy to Address ATV Issues. BRANSON, moved to adopt seconded by HEINRICHS Resolution No. 2002 -26. Assemblymember Bonney said this resolution was unanimously approved by the members of the ATV committee. He urged the Assembly to consider local option as it may have a much better chance of moving through the State's process. He commented that the registration program was intended along the road system on Kodiak and not in the villages. Assemblymember Branson noted it was not critical to pass the resolution right away as it could be submitted in early November to the Alaska Municipal League. Assemblymember Razo appreciated the time and effort invested by the ATV Adhoc Committee and he wanted to submit the resolution to AML. He said; however, that this was a local issue and unique to Kodiak. Regular Assembly Meeting September 19, 2002 BOROUGH MANAGER'S REPORT MESSAGES FROM THE BOROUGH MAYOR UNFINI SHED BUSINESS NEW BUSINESS CONTRACTS RESOLUTIONS RESOLUTION NO. 2002 -26 Volume XXVII Page 255 RAZO, seconded by HEINRICHS Assemblymember Turner agreed with the amendment. She said a registration program was a good option to reduce damage to streams, salmon hatchery, and other public resources. Assemblymember Branson favored the amendment as AML had very diverse representation. VOTE ON MOTION TO AMEND Ayes: Bonney, Branson, Heinrichs, Razo, Stevens, Turner, Abell Noes: None MOTION CARRIED Unanimous Assemblymember Abell wanted to postpone the resolution and hear a report from the ATV Adhoc Committee. ABELL, seconded by HEINRICHS Regular Assembly Meeting September 19, 2002 moved to amend Resolution No. 2002 -26 by inserting the words: "local option" after the word: "ATV" in Section 1. moved to postpone Resolution No. 2002 -26 for adoption to the Work Session of September 26, 2002. Assemblymember Branson agreed with the postponement as she wanted to discuss more strategies with the ATV Committee and community members. Assemblymember Stevens was opposed to postponing. He felt this was a straight forward resolution and the amendment made the local option clear. Assemblymember Bonney was against the postponement as it may send a wrong message. Assemblymember Razo concurred with Assemblymember Bonney and said that he did not have a problem passing it tonight as requested back -up information was received. Assemblymember Turner opposed postponing as long as local option was addressed. VOTE ON MOTION TO POSTPONE Ayes: Branson, Abell Noes: Bonney, Heinrichs, Razo, Stevens, Turner Volume XXVII Page 256 VOTE ON MOTION TO CONFIRM Ayes: Noes: None MOTION CARRIED Unanimous RAZO, seconded by BRANSON VOTE ON MOTION TO CONFIRM Ayes: Noes: MOTION CARRIED CITIZENS COMMENTS Regular Assembly Meeting September 19, 2002 the Parks and Recreation Committee for a term to expire December 2003. Stevens, Turner, Abell, Bonney, Branson, Heinrichs, Razo 4. Confirmation of Mayoral Appointment to the Parks and Recreation Committee for a Term to Expire December 2004. moved to confirm the mayoral appointment of Mike O'Neal to a seat on the Parks and Recreation Committee for a term to expire December 2004. Turner, Abell, Bonney, Branson, Heinrichs, Razo, Stevens None Unanimous Steve Kreber, camera man, apologized for the technical problems during the meeting broadcast. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Razo reported that the KIBSD Facility Review Committee met and would provide a report to the Assembly. He looked forward to the passage of General Obligation Bonds in November and felt these bonds would tremendously benefit Kodiak. Assemblymember Abell was in full support of the General Obligation Bonds and urged the public to call Manager Carlson for any questions. Assemblymember Turner said she wanted future discussions about pet cremation in light of her conversation with Ada Berry. She felt the Borough should give pet- owners sincere and careful consideration about this matter. PARKS AND RECREATION COMMITTEE APPOINTMENT CITIZENS COMMENTS Volume XXVII Page 258 Mayor LeDoux concurred. In response to Assemblymember Turner, Manager Carlson recognized Ms. Berry's concern. He advised the fee schedule did not address cremation. He agreed this should be discussed in the future. Assemblymember Stevens thanked the ATV Stakeholder Committee for working through the contentious issues. He thanked the Borough for their support of SWAMC in Kodiak. Assemblymember Bonney suggested the Assembly invite the ATV Stakeholder Committee to a future work session to get some of their questions answered. Assemblymember Heinrichs expressed an interest to hear a presentation from the Committee and suggested that a spokesman be chosen from the group. He was pleased to see the proclamation celebrating the increased participation of hispanic residents in the community. He applauded the Alaska 20/20 presentation saying they truly represented the State. He commended the South East Alaska Municipal Conference for the stance they had taken in running the marine highway system. He wanted to revisit the Assembly's goal to pursue a publicly owned airport terminal. Assemblymember Branson invited residents to attend the Aging Connection seminar and announced that it was free and beneficial to anyone over 18 years of age. Mayor LeDoux announced that the Assembly would meet in a work session Thursday, September 26 at 7:30 p.m. in the Borough conference room and a regular meeting Thursday, October 3 at 7:30 p.m. in the assembly chambers. She encouraged voters to vote in the regular election on Tuesday, October 1. She announced that absentee voting was available in the Borough clerks office through September 30 or request an absentee ballot by mail ballot from the Borough clerk. She thanked all the election workers on behalf of the Assembly for their generous time during the election process. EXECUTIVE SESSION A. Litigation: Womens Bay Community Council, Inc. Vs. The Kodiak Island Borough. TURNER, seconded by HEINRICHS Regular Assembly Meeting September 19, 2002 moved to convene into executive session to discuss Womens Bay Community Council, Inc. Vs. the Kodiak Island Borough litigation that EXECUTIVE SESSION WBCC VS. KIB LITIGATION Volume XXVII Page 259 ROLL CALL VOTE ON MOTION Ayes: Noes: None Absent: None MOTION CARRIED: Unanimous Mayor LeDoux recessed the regular meeting at 8:33 p.m. She invited Borough Attorney Walt Mason, Manager Carlson, and the Borough clerk's office staff to join in executive session. At 9:07 p.m., Mayor LeDoux reconvened the regular 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 9:08 p.m. ATTEST: Regular Assembly Meeting September 19, 2002 is an attorney- client privilege. Abell, Bonney, Branson, Heinrichs, Razo, Stevens, Turner Gabrielle LeDoux, Mayor udith A. Nielsen, CMC Approved: 11/07/02 Borough Clerk ADJOURNMENT Volume XXVII Page 260