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
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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
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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
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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
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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
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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
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