05/06/2004 SMKODIAK ISLAND BOROUGH
Regular Assembly Meeting
May 6, 2004
A regular meeting of the Kodiak Island Borough Assembly was held May 6, 2004
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 Dave Davis of the Salvation Army,
followed by the Pledge of Allegiance.
Present were Mayor Gabrielle LeDoux, Assemblymembers Tuck Bonney, Robin
Heinrichs, Cecil Ranney, and Nancy Wells. Staff present were Administrative
Official Bud Cassidy, Clerk Judi Nielsen, and Deputy Clerk Nova Javier.
WELLS moved to excuse Assemblymembers Tom Abell, Pat Branson, and Wayne
Stevens, seconded by HEINRICHS
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
HEINRICHS moved to approve the agenda, seconded by WELLS
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
A. Kodiak Island Borough Assembly Regular Meetings of March 18 and April
15, and Special Meeting of March 25, 2004.
HEINRICHS moved to approve the minutes as submitted, seconded by BONNEY
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AWARDS AND PRESENTATIONS
A. Student of the Month
Mayor LeDoux Awarded the April Student of the Month to Fawn Chya, a sophomore
at Old Harbor School. Sally Wilker accepted the award on behalf of Fawn
Chya.
B. Proclamations
Mayor LeDoux proclaimed the first week of May, as Awakening of the Bear Week
in Kodiak urging all citizens to acknowledge the challenges the Alutiiq
people continue to face, and to recognize the significance of the annual
Esgarlluku Taquka'aq "Awakening of the Bear" event and the contributions of
the Alutiiq people island wide.
Iver Malutin of the Kodiak Area Native Association accepted the proclamation
and thanked the Mayor and Assembly for recognizing the indigenous people and
the "Awakening of the Bear" event.
Mayor LeDoux proclaimed the week of May 10 -16, 2004 "Law Enforcement Week"
urging all citizens of Kodiak to recognize the dedicated service provided by
Kodiak Island Borough
May 6, 2004
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our local peace officers and to honor those officers who have sustained
disabling injuries or lost their lives in the performance of their duties.
Lt. Ray Ellis of the Kodiak Police Department accepted the proclamation.
CITIZENS' COMMENTS
Scott Arndt opposed the elimination of the maximum allowable tax revenues.
He said the Assembly should work within their budget and raising taxes should
be a last resort.
Jake Jacobson said this was the wrong time to increase taxes.
Sarah Thayer phoned to say she was disappointed with the voter turn -out for
the special Election. She asked the Assembly to look at using the Shuyak
Fund to balance the budget. She suggested foreclosing on properties that
were on the foreclosure list for a long time.
Stosh Anderson encouraged the Assembly to maintain the integrity of the
Shuyak Fund. He said it was appropriate to repeal the maximum allowable tax
revenue.
COMMITTEE REPORTS - None.
PUBLIC HEARING
A. Ordinance No. 2004 -07 Amending Kodiak Island Borough Code of Ordinances
Title 16 Subdivision Chapter 16.40 Preliminary Plat Section 16.40.060
Procedure Chapter 16.60 Vacations Section 16.60.030 Required Application
Section 16.60.040 Action and Title 17 Zoning Chapter 17.66 Variances
Section 17.66.040 Public Hearing and Notice Chapter 17.67 Conditional
Use Permits Section 17.67.040 Public Hearing.
WELLS moved to adopt Ordinance No. 2004 -07, seconded by HEINRICHS
Administrative Official Cassidy said this amendment to the code updated the
Planning and Zoning Commission's by -laws.
Mayor LeDoux called for public testimony; hearing and seeing none, she
reconvened the regular meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Heinrichs, Ranney,
Wells
BOROUGH MANAGER'S REPORT
Administrative Official Cassidy hoped for the best from Juneau and asked
community members to contact the legislative delegation. He said Manager
Carlson was recovering quickly after his surgery.
MESSAGES FROM THE BOROUGH MAYOR
Mayor LeDoux opposed repealing the maximum allowable tax revenues and opposed
raising taxes. She said $500,000 in the general fund was sufficient. She
wished Manager Carlson speedy recovery.
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May 6, 2004 Page 41
UNFINISHED BUSINESS - None.
NEW BUSINESS
A. CONTRACTS
1. Contract No. 2004 -22 Paving of Sitkinak Drive, Tugidak Court, and
Chirikof Ct.
WELLS moved to approve Contract No. 2004 -22 with Brechan Enterprises in the
amount not to exceed $170,000, seconded by HEINRICHS
Administrative Official Cassidy said property owners petitioned the Borough
and the Assembly adopted a resolution forming a paving assessment district.
Brechan Enterprises was the sole bidder at $130,025 with an additional price
of $3 a square foot to pave, a 2 -inch thick driveway apron as requested by
landowners in the subdivision.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Heinrichs, Ranney,
Wells
B. RESOLUTIONS
1. Resolution No. 2004 -12 Authorizing the Borough Manager or His
Designee to Complete the Purchase of Lot 3, Block 10, Miller Point
Subdivision, First Addition.
HEINRICHS moved to adopt Resolution No. 2004 -12, seconded by BONNEY
Administrative Official Cassidy said the manager and property owner agreed to
a purchase price at fair market value of $27,500 with an additional $500 in
closing costs.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Heinrichs, Ranney, Wells,
Bonney
2. Resolution No. 2004 -13 Ratifying and Certifying the Results of the
Special Municipal Election Held April 20, 2004.
BONNEY moved to adopt Resolution No. 2004 -13, seconded by HEINRICHS
Clerk Nielsen said this resolution would ratify and certify the results of
the Special Municipal Election held on April 20, 2004.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Wells, Bonney,
Heinrichs
C. ORDINANCES FOR INTRODUCTION
1. Ordinance No. 2004 -08 Amending Kodiak Island Borough Code of
Ordinances Title 3 Revenue and Finance Chapter 3.12 Appropriation
and Levy Section 3.12.025 Maximum Allowable Tax Revenues.
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May 6, 2004 Page 42
BONNEY moved to adopt Ordinance No. 2004 -08 in first reading to advance to
public hearing on May 20, 2004, seconded by HEINRICHS
Administrative Official Cassidy said this would allow the Borough to increase
the mill rate if needed and open all avenues to discuss the FY2005 budget.
Assemblymember Wells clarified this would advance the Ordinance to public
hearing and further discussion. This was not necessarily an intent to raise
taxes. She encouraged the public to participate at the public hearing.
Assemblymember Bonney concurred with Assemblymember Wells. He said it would
be irresponsible to use the Shuyak fund that produced substantial dividends
to the Borough. He said advancing the ordinance to public hearing would lay
all options on the table. He encouraged input from the public.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Wells, Bonney, Heinrichs,
Ranney
2. Ordinance No. 2004 -09 Amending Kodiak Island Borough Code of
Ordinances Title 2 Administration and Personnel Chapter 2.17 Rules
of the Assembly Section 2.17.030 Types of Meetings.
HEINRICHS moved to adopt Ordinance No. 2004 -09 in first reading to advance to
public hearing on May 20, 2004, seconded by BONNEY
Clerk Nielsen said Alaska Statutes Title 29 provided an opportunity for the
public to be heard at regular and special meetings. Currently the Borough
Code does not allow for citizens' comments during special meetings and it was
appropriate to bring the Code into conformity with Title 29.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Heinrichs, Ranney,
Wells
D. OTHER ITEMS
1. Appointments to the Citizen's Board of Equalization.
Mayor LeDoux said Tim Hurley, Deb Milam, and Jim Nagan submitted
applications and Deb and Jim were interviewed by the Assembly on April 29.
HEINRICHS moved to appoint Deb Milam to a seat on the Citizens Board of
Equalization for a term to expire December 2005, seconded by BONNEY
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Heinrichs, Ranney, Wells,
Bonney
WELLS moved to appoint Tim Hurley to a seat on the Citizens Board of
Equalization for a term to expire December 2006, seconded by HEINRICHS
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Wells, Bonney,
Heinrichs
HEINRICHS moved to appoint Jim Nagan to a seat on the Citizens Board of
Equalization for a term to expire December 2006, seconded by WELLS
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May 6, 2004
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ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Wells, Bonney, Heinrichs,
Ranney
CITIZEN COMMENTS - None.
ASSEMBLYMEMBER COMMENTS
Assemblymember Heinrichs congratulated the Student of the Month and wished
Manager Carlson a speedy recovery.
Assemblymember Wells echoed the sentiments of the "Law Enforcement Week"
proclamation. She appreciated those who volunteered during Spring Clean -up.
Assemblymember Ranney wished Manager Carlson well and congratulated the
Student of the Month.
Mayor LeDoux announced the Assembly would meet in a work session on Tuesday,
May 11, 2004 at 6:30 p.m. and Thursday, May 13, 2004 at 7:30 p.m. in the
Borough conference room; and a regular meeting on Thursday, May 20, at 7:30
p.m. in the assembly chambers.
The Citizens Board of Equalization meeting scheduled on Tuesday, May 18, 2004
was cancelled.
ADJOURNMENT
With no objection, the mayor adjourned the meeting at 8:13 p.m.
ATTEST:
rielle LeDoux Mayor
udith A. Nielse , CMC, Borough Clerk Approved: 05/20/2004
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