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03/11/1999 SMA special meeting of the Kodiak Island Borough Assembly was held March 11, 1999 in the Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. There were present: KODIAK ISLAND BOROUGH Special Assembly Meeting March 11, 1999 Mayor: Gary L. Stevens, presiding Assemblymembers: Tom Abell Scott Arndt Tuck Bonney Pat Branson Robin Heinrichs Greg Spalinger Wayne Stevens comprising a quorum of the Assembly; and Thomas J. Manninen, Manager Judi Nielsen CMC, Acting Clerk Patti Kirkpatrick, Assistant Clerk Linda Freed, Community Development Director Chris Lynch, Engineering /Facilities Director APPROVAL OF AGENDA HEINRICHS, moved to approve the seconded by ARNDT agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote PROCLAMATION Mayor Stevens proclaimed March 1999 Women's History Month urging educators, government officials, businesses, and citizens to recognize the important contributions women have made throughout history with appropriate programs, ceremonies, and activities. Special Assembly Meeting March 11, 1999 SPECIAL MEETING ROLL CALL APPROVAL OF AGENDA PROCLAMATION WOMENS HISTORY MONTH Volume XXV Page 26 EXECUTIVE SESSION A. Pending Litigation HEINRICHS, seconded by BONNEY VOTE ON MOTION TO CONVENE Ayes: Noes: MOTION CARRIED moved to convene into executive session to discuss pending litigation. Abell, Arndt, Bonney, Branson, Heinrichs, Spalinger, Stevens None Unanimous Mayor Stevens invited Borough attorneys Matt Jamin and Alan Schmitt, Manager Manninen, Director Freed, and clerk's office staff to join the Assembly in executive session. At 7:37 Mayor Stevens recessed the special meeting. At 8:20 p.m. Mayor Stevens reconvened the special meeting and announced that no action would be taken as a result of the executive session. After a five minute recess at 8:25 p.m., Mayor Stevens reconvened the special meeting. At 8:27 p.m. Mayor Stevens recessed the special meeting to hear comments on the work session agenda. The special meeting was reconvened at 9:03 p.m. ITEMS OF ITEMS OF BUSINESS BUSINESS 1. CONTRACTS CONTRACTS A. Contract No. 99 -04 Analytical Laboratory CONTRACT Services for Kodiak Island Borough Landfill NO. 99 -04 Facility. Special Assembly Meeting March 11, 1999 EXECUTIVE SESSION PENDING LITIGATION Volume XXV Page 27 STEVENS, seconded by ARNDT Manager Manninen reported that the contract renewal would begin April 1, 1999. Two bids were received and staff recommended awarding the contract to Columbia Analytical Services, Inc. of Anchorage. In response to Assemblymember Arndt, Director Lynch said the bid reflected a ten percent increase over last year. VOTE ON MOTION TO AWARD Ayes: Noes: MOTION CARRIED Special Assembly Meeting March 11, 1999 moved to award Contract No. 99 -04 to Columbia Analytical Services, Inc. of Anchorage for the unit prices specified in its bid for calendar years 1999 and 2000. Arndt, Bonney, Branson, Heinrichs, Spalinger, Stevens, Abell None Unanimous 5. RESOLUTIONS RESOLUTIONS A. Resolution No. 99 -06 Supporting the Kodiak RESOLUTION Fish and Game Advisory Committee's NO. 99 -06 Amendment to the Alaska Board of Fisheries Proposal #132 by Limiting the Closure to Non - Pelagic Trawling in Three Areas Considered Crab Habitat. BONNEY, moved to adopt seconded by HEINRICHS Resolution No. 99 -06. Assemblymember Bonney gave a brief overview of the resolution. Virginia Adams, Kodiak Fish & Game Advisory Committee member, reported that the Committee reviewed the Board of Fisheries proposal #132 and suggested that Volume XXV Page 28 only three areas be closed to non - pelagic trawlers, not all state waters. She referred to a map to indicate the three areas known to be crab habitat as Marmot Bay, south Sitkilidak Straits, and areas on the mainland. Closing all state waters would affect the trawlers as well as the canneries and their fish cutters. The Board of Fish rejected the Committee's amendment and requested that they prepare a new plan. She urged the assembly to adopt the resolution. Al Burch spoke in favor of the resolution and noted that the Committee would meet with the Board of Fish on March 18. He felt the amendment to Proposal #132 was made in good faith. In response to Mayor Stevens, Ms. Adams said the Alaska Marine Conservation Council opposed the amendment and favored closing all state waters to trawlers. Chris Blackburn said habitat protection was a big issue and environmental groups wanted to permanently close all ocean commercial fishing. Skip Bolton said it was previously thought trawlers were responsible for the decline in crab populations and the state established boundaries around Kodiak to protect that habitat. He pointed out that some areas were not included in that boundary and the amendment would include those areas. He said crab preferred to live in the mud and that bottom fish were found on the shelf along the state water boundary. He did not want the Board of Fish to close all state waters without hearing the evidence. He urged the assembly to support the resolution. Jonathan Spool was concerned with safety because the non - pelagic trawlers kept a close proximity to shore in order to quickly seek shelter in bad weather. He felt the amendment allowed the Committee time to gather evidence to present to the Board of Fisheries on March 18. Assemblymember Bonney thought fish severance tax was down because Seward offered higher prices for black Special Assembly Meeting March 11, 1999 Volume XXV Page 29 cod and halibut. He said Kodiak had to protect its fisheries or they would be lost. Al Burch said the state had set boundaries to protect crab habitat from non - pelagic trawling; however, the crab had not returned. He saw the amendment as a fair compromise. After discussion, the resolution would reflect "all gear types" in the fourth Whereas, and "Advisory Committee's" in Section 1. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED There being no further business to come before the ADJOURNMENT Assembly, the meeting adjourned at 9:47 p.m. G. y L. Stevns" ATTEST: Mayor Donna F. Smith, CMC /AAE Borough Clerk Special Assembly Meeting March 11, 1999 Bonney, Branson, Heinrichs, Spalinger, Stevens, Abell, Arndt None Unanimous APPROVED: 04/01/99 Volume XXV Page 30