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03/07/2002 RMA regular meeting of the Kodiak Island Borough Assembly was held March 7, 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 Chaplain Timothy White of the Star of the Sea Chapel, followed by the Pledge of Allegiance. There were present: Mayor: Gabrielle LeDoux Assemblymembers: Tom Abell Pat Branson Tuck Bonney Robin Heinrichs KODIAK ISLAND BOROUGH Regular Assembly Meeting March 7, 2002 Greg Razo Wayne Stevens Darlene Turner comprising a quorum of the Assembly; and Pat Carlson, Manager Nova Javier, Deputy Clerk Laura Casey, Assistant Clerk APPROVAL OF AGENDA BRANSON, moved to approve the seconded by HEINRICHS agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES 1. Kodiak Island Borough Assembly Regular Meetings of January 17 and February 7, 2002. BONNEY, moved to approve the seconded by HEINRICHS minutes as submitted. Assemblymember Branson noted that the word Assemblymember was misspelled on page three of the January 17, 2002 minutes. Unanimous voice vote VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote AWARDS AND PRESENTATIONS A. Proclamation Mayor LeDoux proclaimed March 2002 "Women's History Month" urging all residents to increase their knowledge and appreciation of the valuable role women play. Christa Inman, Outreach Coordinator, accepted the proclamation on behalf of the Kodiak Women's Resource and Crisis Center. Regular Assembly Meeting March 7, 2002 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS PROCLAMATION WOMEN'S HISTORY MONTH Volume XXVII Page 157 CITIZENS' COMMENTS Donna Carlson and Kodiak Girl Scouts members presented cookies to the Mayor and Assembly in celebration of National Girl Scouts week and the Girl Scouts 90th birthday. Norm Sutliff spoke in support of Ordinance No. 2002 -02. He said Mission lake would not exist without a new tide gate. Scott Arndt opposed Assemblymember Turner's previous comments regarding the appointment of Reed Oswalt to the Planning and Zoning Commission. COMMITTEE REPORTS Assemblymember Branson said the Alaska Municipal League Legislative Conference would be held in Juneau April 3 -4. She provided an update on House Bill 20 that related to state aid to municipalities and municipal dividends. Assemblymember Razo reported on the School District's budget meetings. He noted the importance of the Borough's financial aide to the school district if some funding grants were not secured. Assemblymember Bonney announced that the Parks and Recreation Committee would meet on the first and last Wednesday of each month to discuss the ATV trail map. PUBLIC HEARING A. Ordinance No. 2001 -10B Amending Ordinance No. 2001 -10 Fiscal Year 2002 Budget to Accept Additional Funds for the Kodiak Island Borough. HEINRICHS, moved to adopt seconded by BRANSON Ordinance No. 2001 -10B. Manager Carlson said this was a required budget adjustment. He noted that the State of Alaska has appropriated the remaining $271,300 for the KIB Master Waste Management plan. (Clerk's note: The minutes were corrected by the clerk after adoption to note that the mayor called for public testimony; hearing and seeing none, she reconvened the regular meeting) ROLL CALL VOTE ON MOTION Ayes: Noes: MOTION CARRIED BOROUGH MANAGER'S REPORT Manager Carlson said the Borough would proceed on the Mission Lake Tidegate project if the voters in the proposed service area approved the service area. He hoped to move forward on bidding the Anton Larsen project and the land fill building. He was concerned about the proposed legislative cuts and stressed the importance of community awareness on pending and future mandates. Regular Assembly Meeting March 7, 2002 Abell, Bonney, Branson, Heinrichs, Razo, Stevens, Turner None Unanimous CITIZENS' COMMENTS COMMITTEE REPORTS PUBLIC HEARING ORDINANCE NO. 2001 -10B MANAGER'S REPORT Volume XXVII Page 158 MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux supported the potential hiring of a fishery consultant to aide the Borough in fishery issues. She felt it was the duty of the Mayor and Assembly to monitor Kodiak's fishing economy. UNFINISHED BUSINESS A. Ordinance No. 2002 -02 Calling for a Special By -Mail Election to Submit to the Qualified Voters the Question of Establishing the Mission Lake Service Area to Provide Construction, Operation, and Maintenance of the Mission Lake Tide Gate. Mayor LeDoux announced that the motion to adopt Ordinance No. 2002 -02 was before the Assembly. Deputy Clerk Javier explained that a substituted version was provided to the Assembly and the public to reflect the change of the election date from April 9 to May 13. HEINRICHS, seconded by BRANSON Ayes: Noes: MOTION CARRIED Unanimous Ayes: Noes: MOTION CARRIED NEW BUSINESS A. CONTRACTS Regular Assembly Meeting March 7, 2002 moved to amend Ordinance No. 2002 -02 by substitution. Bonney, Branson, Heinrichs,Razo, Stevens, Turner, Abell None Manager Carlson noted that the old Mission Lake tidegate required high maintenance. In response to Assemblymember Stevens, Manager Carlson said staff determined the Mission Road right -of -way created four parcels instead of the current two parcels reflected in the original ordinance. Branson, Heinrichs, Razo, Stevens, Turner, Abell, Bonney None Unanimous 1. Contract No. 97 -07A Amending Contract No. 97 -07 Agreement Between the Kodiak Island Borough and Sisters of Providence in Washington d /b /a Providence Health System in Alaska for Lease of the Kodiak Island Hospital and Care Center. RAZO, moved to approve seconded by TURNER Contract No. 97 -07A Manager Carlson said this clarified the relationship between Providence and the Hospital Advisory Board, required that one assemblymember be appointed to the Board, and allowed Assembly review and comment before Board members were appointed. MESSAGES FROM THE MAYOR UNFINISHED BUSINESS ORDINANCE NO. 2002 -02 NEW BUSINESS CONTRACTS CONTRACT NO. 97 -07A Volume XXVII Page 159 Assemblymember Branson related that the Board did not have any objection to the contract amendment. VOTE ON MOTION TO APPROVE Ayes: Noes: None MOTION CARRIED Unanimous Heinrichs, Razo, Stevens, Turner, Abell, Bonney, Branson 2. Contract No. 99 -13B Amending Contract No. 99 -13 CONTRACT Agreement with Sisters of Providence of NO. 99 -13B Washington, d /b /a Providence Health Systems of Alaska for the Purpose of Setting Forth Terms and Conditions Pursuant to Providing Mental Health Services As Amended. TURNER, moved to approve seconded by HEINRICHS Contract No. 99 -13B. Manager Carlson said this clarified the relationship between Providence and the Mental Health Center Advisory Board, required that one assemblymember be appointed to the Board, and allowed Assembly review and comment before Board members were appointed. This also deletes the Borough's liability for any financial losses. Assemblymember Turner said the Board fully supported the amendment. VOTE ON MOTION Ayes: Razo, Stevens, Turner, Abell, Bonney, Branson, Heinrichs Noes: MOTION CARRIED B. RESOLUTIONS None Unanimous 1. Resolution No. 2002 -08 Requesting that the Board RESOLUTION of Fish Reconsider its Decision Setting a Limit NO. 2002 -08 of Five Sport Caught King Salmon Per Year in the Kodiak Region. RAZO, moved to adopt seconded by BRANSON Resolution No. 2002 -08. Manager Carlson said the Board of Fish acted without consideration of impacts and review of significant biological evidence. He thought the action also may violate the Administrative Procedures Act. Assemblymember Razo brought the resolution forward at the request of the Kodiak Sport Fishing Association. He felt the limit could heavily impact tourism. VOTE ON MOTION TO ADOPT Ayes: Regular Assembly Meeting March 7, 2002 Stevens, Turner, Abell, Bonney, Branson, Heinrichs, Razo RESOLUTIONS Volume XXVII Page 160 Noes: MOTION CARRIED Unanimous HEINRICHS, seconded by BRANSON Manager Carlson said this by the State of Alaska to VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED C. ORDINANCES FOR None D. OTHER ITEMS 1. Appointment HEINRICHS, seconded by BRANSON VOTE ON MOTION Ayes: Noes: 2. Resolution No. 2002 -09 Requesting Fiscal Year 2003 Safe Communities Funding from the State of Alaska Department of Economic Development. MOTION CARRIED 2. Confirmation Planning and STEVENS, seconded by BRANSON Regular Assembly Meeting March 7, 2002 INTRODUCTION Assemblymember Turner wanted other qualified applicants. None moved to adopt Resolution No. 2002 -09. list of priorities was required receive funds. Turner, Abell, Bonney, Branson, Heinrichs, Razo, Stevens None Unanimous to Womens Bay Service Area Board. moved to appoint Russell Toms to a term to expire October 2004 on the Womens Bay service Area Board. Abell, Bonney, Branson, Heinrichs, Razo, Stevens, Turner None Unanimous of Mayoral Appointment to the Zoning Commission. moved to confirm the mayoral appointment of Reed E. Oswalt to a term to expire December 31, 2004 on the Planning and Zoning Commission. an opportunity to confirm Assemblymember Razo voiced his opinion about this appointment to Mr. Oswalt. VOTE ON MOTION Ayes: Bonney, Branson, Heinrichs, Stevens, Abell Noes: Razo, Turner MOTION CARRIED 5 Ayes, 2 Noes RESOLUTION NO. 2002 -09 ORDINANCES FOR INTRODUCTION OTHER ITEMS WOMENS BAY SERVICE AREA BOARD APPOINTMENT PLANNING AND ZONING COMMISSIONER CONFIRMATION Volume XXVII Page 161 CITIZENS' COMMENTS Marie Chandler phoned in support of gravel replacement at Anton Larsen Way. ASSEMBLYMEMBER COMMENTS Assemblymember Branson thanked the Kodiak Girl Scouts. She urged the community to be aware of legislative actions that could impact education and social services in Kodiak. Assemblymember Heinrichs commended Mr. Norm Sutliff for his long -term efforts on the Mission Lake tide gate. Assemblymember Bonney noted the continued decline of King crab fisheries in Kodiak. He was concerned about the local and state budget and hoped for a justified, fair, and equitable fiscal year budget. Assemblymember Stevens said March 21 was the deadline for filing claims for mitigation funds. He said the School District, in partnership with the Alaska School Boards Association, wanted volunteers for the "Quality Schools, Quality Students" program. He provided an update on the Airport Master Plan. Assemblymember Turner thanked Donna Carlson and the Kodiak Girl Scouts and wished them a happy 90th birthday. She thanked Norm Sutliff for his tireless efforts. She said she did not have a personal vendetta against Mr. Oswalt nor Mayor LeDoux and she felt Scott Arndt's verbal public attack on her was inappropriate. She urged the public to attend the School District budget meetings. She hoped for discussion about the fishing industry during ComFish. Assemblymember Abell was concerned about the school budget and the fishing industry. He said common sense should be used and suggested that the Assembly consider using the Shuyak fund. He opposed a tax increase. Assemblymember Razo wished the wrestlers the best in their tournament. He hoped for public input on the school district budget. He urged the Assembly to attend the Alaska Municipal League in Juneau. He would travel with Mayor LeDoux to the North Pacific Fisheries Conference. ADJOURNMENT There being no further business Assembly, the meeting adjourned ATTEST: Regular Assembly Meeting March 7, 2002 (.4. udith A. Nielsen CMC orough Clerk to come before the at 8:37 p.m. X1C Gabrielle LeDoux, M yo Approved: 05/02/2002 CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS ADJOURNMENT Volume XXVII Page 162