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02/17/2000 RMA regular meeting of the Kodiak Island Borough Assembly was held February 17, 2000 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. There were present: ROLL CALL Mayor: Gary L. Stevens Assemblymembers: Tom Abell Scott Arndt Tuck Bonney VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OF AGENDA ARNDT, seconded by SPALINGER Regular Assembly Meeting February 17, 2000 KODIAK ISLAND BOROUGH Regular Assembly Meeting February 17, 2000 Pat Branson Robin Heinrichs Greg Spalinger Absent: Darlene Turner comprising a quorum of the Assembly; and Dave Jensen, Manager Judi Nielsen, Borough Clerk Assemblymember Turner was out and asked to be excused. HEINRICHS, moved to excuse seconded by BRANSON Assemblymember Turner. Unanimous ARNDT, moved to approve the seconded by BRANSON agenda. moved to amend the agenda to add item 14.C.1 Resignation of Planning and Zoning Commissioner. REGULAR MEETING APPROVAL OF AGENDA Volume XXVI Page 21 VOTE ON MOTION TO AMEND Ayes: Noes: None Absent: Turner MOTION CARRIED Unanimous VOTE ON MOTION TO APPROVE AS AMENDED Ayes: Noes: None Absent: Turner MOTION CARRIED Unanimous APPROVAL OF MINUTES 1. Kodiak Island Borough Assembly Regular Meeting of February 6, 2000. BRANSON, moved to approve the seconded by ARNDT February 6, 2000 minutes. Assemblymember Heinrichs asked for a correction under committee reports that the last "large vessel" discharge was during the 1964 earthquake and to include utilizing "processors" as speakers. VOTE ON MOTION TO APPROVE AS CORRECTED Abell, Arndt, Bonney, Branson, Heinrichs, Spalinger Arndt, Bonney, Branson, Heinrichs, Spalinger, Abell MOTION CARRIED Unanimous voice vote AWARDS AND AWARDS AND PRESENTATIONS PRESENTATIONS A. Student of the Month STUDENT OF THE MONTH Mayor Stevens presented the Student of the Month Award to Samantha Marlar, a senior at Kodiak High School. Regular Assembly Meeting February 17, 2000 APPROVAL OF MINUTES Volume XXVI Page 22 CITIZENS' COMMENTS Chris Berns opposed restrictions on commercial fish processors in the Gulf of Alaska. He presented a resolution adopted by the Homer city council that urged the Alaska Congressional delegation to oppose propositions to limit processors. He said their was a difference between limited entry and conservation concerns. Bruce Schactler urged the Assembly to request an independent economic study of the ramifications of limiting competition and to take a stand on an issue that was detrimental to Kodiak's economy. COMMITTEE REPORTS Phil Cline, Providence Kodiak Island Hospital Administrator, thanked the Assembly for visiting the hospital to view the CT Scan and tour the hospital. He was proud that the recent audit reflected positively on the quality staff in the business and accounting office. The December profit was $42,000 and the total annual profit was $434,000, which was significantly less than last year. January net income was $109,000. He said the specialty clinic would have a neurologist and an oncologist on staff. In response to Assemblymember Heinrichs, Mr. Cline said the Mental Health Center had an approximate net income of $150,000. Assemblymember Branson, Assembly representative to the Hospital Advisory Board, was very impressed with Steve Foster, hospital finance director, and his staff for their wonderful fiscal reports. PUBLIC HEARING A. Ordinance No. 2000 -01 Amending Kodiak Island Borough Code of Ordinances Chapter 8.08 Mental Health Center Advisory Board to Provide for Board Member Appointments. HEINRICHS, seconded by BRANSON Regular Assembly Meeting February 17, 2000 moved to adopt Ordinance No. 2000 -01. At Manager Jensen's deferral, Clerk Nielsen said the Borough attorney's memo indicated that it was CITIZENS' COMMENTS COMMITTEE REPORTS PUBLIC HEARING ORDINANCE NO. 2000 -01 Volume XXVI Page 23 appropriate to change the code to reflect that the Assembly representative to the Mental Health Center Advisory Board had full voting rights. Mayor Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Turner MOTION CARRIED Unanimous Bonney, Branson, Heinrichs, Spalinger, Abell, Arndt B. Resolution No. 2000 -05 Acknowledging Receipt of RESOLUTION the Report of the Island Lake Recreational Use NO. 2000 -05 Task Force and Posting the Rules of the Lake at the Public Access Area of Island Lake. ARNDT, moved to adopt seconded by BRANSON Resolution No. 2000 -05. Manager Jensen supported the efforts of the Task Force and urged adoption of the resolution. Mayor Stevens opened the public hearing. Bud Cassidy, Task Force co- chair, said this came about from concerned lake residents. He said the Task Force created a successful compromise. He thanked Patti Kirkpatrick, Deputy Borough Clerk, for her assistance. Joyce Fried did not want rules posted that were not enforceable. She said this would encourage disrespectful people to break the rules. Pat Szabo, Task Force member, said the rules of the lake were the best compromise for people with differing views. She said the rules were not flawless, but changing them would ruin the original intent of the Task Force. Regular Assembly Meeting February 17, 2000 Volume XXVI Page 24 Lorna Arndt, Task Force member, said the meetings were open for public input. She thought the sign could be paid for with federal revenue sharing funds. Mayor Stevens closed the public hearing and reconvened the regular meeting. Assemblymember Branson commended the Task Force for working through a long process and coming to a compromise. Assemblymember Abell saw this as a wake up call as the lake could have been shut down to all traffic and motorized vehicles. He encouraged the community to work together to support the posted rules. Assemblymember Arndt, Task Force representative, said the compromise did not come easy. He did not agree with all the rules; however, he felt this was a great starting point. In response to Mayor Stevens, Manager Jensen said funds were available for the sign, which would contain the Borough logo. Mayor Stevens thanked the Task Force and discharged them from their duties. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Turner MOTION CARRIED Unanimous BOROUGH MANAGER'S REPORT Manager Jensen received a letter from Dave Allen on the proposed dispute of Payment -In- Lieu -Of -Taxes that he would share with the Assembly at the next work session. Regular Assembly Meeting February 17, 2000 Branson, Heinrichs, Spalinger, Abell, Arndt, Bonney MANAGER'S REPORT Volume XXVI Page 25 MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM THE MAYOR Mayor Stevens said it was great to visit the hospital and view the new CT Scan. He was concerned about the statewide property tax cap and impacts to local municipalities and schools. He felt it was important to be aware of potential impacts to the Borough and was concerned that service areas would not be able to charge for services. He favored a public discussion regarding the issue. UNFINISHED BUSINESS UNFINISHED BUSINESS None. NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 2000 -03 Legal Counsel Retainer CONTRACT for Arbitration Proceedings. NO. 2000 -03 ARNDT, seconded by BONNEY moved to approve Contract No. 2000 -03 with Davis Wright Tremaine in an amount not to exceed $15,000. Manager Jensen explained that the law firm would represent him in arbitration hearings. There was no discussion by the Assembly. VOTE ON MOTION TO APPROVE Ayes: Heinrichs, Spalinger, Abell, Arndt, Bonney, Branson Noes: None Absent: Turner MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 2000 -04 Designating The RESOLUTION Individual Who Will Serve as the NO. 2000 -04 Administrative Official During the Regular Assembly Meeting February 17, 2000 Volume XXVI Page 26 HEINRICHS, moved to adopt seconded by BRANSON Resolution No. 2000 -04. Manager Jensen said the resolution named Patrick Carlson, Borough Assessor, as the administrative official. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS BRANSON, seconded by ARNDT VOTE ON MOTION Regular Assembly Meeting February 17, 2000 Temporary Absence or Disability of the Borough Manager. Spalinger, Abell, Arndt, Bonney, Branson, Heinrichs None Turner Unanimous 1. Resignation of Planning and Zoning Commissioner. moved to accept, with regret, the resignation of Roberta J. Scheidler from the Planning and Zoning Commission and direct the Borough Clerk to advertise the vacancy per Borough Code. Mayor Stevens appreciated Ms. Scheidler's time, effort, and years of service on the Planning and Zoning Commission. MOTION CARRIED Unanimous voice vote ORDINANCES FOR INTRODUCTION OTHER ITEMS RESIGNATION OF PLANNING AND ZONING COMMISSIONER Volume XXVI Page 27 CITIZENS' COMMENTS A. Borough Attorney Matt Jamin's Report on Pending Litigation with Exxon. Mr. Jamin reported that the pending litigation with Exxon was not directly related to the primary case, but on compensatory claims. Normal Borough services for oil spill matters were diverted to Exxon and compensation was sought. Claims were thrown out by the judge and the appeal was done. He noted the Alaska supreme court found the claims good and appropriate to seek restitution or payment for damages from Exxon. He said the trial was set for October 2000. Roger Reddekopp thanked the Borough attorney for his report. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Bonney opposed the property tax cap because he felt Kodiak voters should determine their mil rate. In response to Assemblymember Branson, Mayor Stevens said he hoped to bring full information to the island to ensure that voters were educated. At her question, Manager Jensen said he met with Mark Hamilton to work on a commitment for the University of Alaska to occupy space at the KFRC and to allow visiting scientists to utilize the apartments. Assemblymember Branson said the goals and objectives meeting was productive and there were major issues to consider. She congratulated Samantha Marlar as student of the month. Assemblymember Heinrichs congratulated Samantha Marlar and was impressed with her goals. He thought staff should conduct an impact study on the fishing issues and the economic impact to the community. Manager Jensen said he was working on a resolution to address that issue. He suggested the Assembly pass the resolution and bring it before the North Pacific Fisheries Management Council. Regular Assembly Meeting February 17, 2000 CITIZENS' COMMENTS Volume XXVI Page 28 Assemblymember Heinrichs noted many Assemblymembers did not fully understand the pros and cons of the fishing issue. He was pleased that the PILT payments would be forthcoming. Assemblymember Spalinger agreed that the goals and objectives meeting was productive. At his inquiry, Manager Jensen said the high school roof repair was on hold until a new engineer was hired. He noted it was still the number one priority. Assemblymember Abell asked about the potential for a land sale behind Dark Lake and in Bells Flats. He opposed raising taxes and encouraged the Assembly to stand together. Mayor Stevens announced that the Assembly would meet in a work session on Thursday, February 24 at 7:30 pm in the Borough conference room; a joint Assembly /City Council work session on Tuesday, February 29 at 7:30 p.m. in the Borough conference room; and a regular meeting on Thursday, March 2, at 7:30 pm in the assembly chambers. He announced that the Kodiak Island Borough offices would be closed on Monday, February 21, 2000 in observance of President's Day. EXECUTIVE SESSION A. Pending Litigation with Exxon and Matters that the Immediate Public Knowledge of Would Tend to Adversely Effect the Finances of the Borough. HEINRICHS, seconded by ARNDT VOTE ON MOTION Ayes: Noes: Absent: Regular Assembly Meeting February 17, 2000 moved to convene into executive session to discuss Pending Litigation with Exxon and Matters that the Immediate Public Knowledge of Would Tend to Adversely Effect the Finances of the Borough. Abell, Arndt, Bonney, Branson, Heinrichs, Spalinger None Turner EXECUTIVE SESSION PENDING LITIGATION WITH EXXON AND FINANCIAL MATTERS OF THE BOROUGH Volume XXVI Page 29 MOTION CARRIED Unanimous At 8:38 p.m. Mayor Stevens recessed the regular meeting to convene into executive session. He asked Borough attorney Matt Jamin, the Borough manager, and the Borough clerk to join the executive session. At 9:14 p.m. Mayor Stevens reconvened the regular meeting and announced that no action would be taken as a result of the executive session. ADJOURNMENT ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 9:14 p.m. ATTEST: cl Juiith A. Nielse B j ough Clerk Regular Assembly Meeting February 17, 2000 Tuck Bonney, Deputy Mayor CMC Approved: 03/16/2000 Volume XXVI Page 30