09/19/2002 RMA regular meeting of the Kodiak Island Borough Assembly
was held September 19, 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 Pastor Larry Cornett of the
Church of the Nazarene, followed by the Pledge of
Allegiance.
There were present:
Mayor:
Gabrielle LeDoux
Assemblymembers:
Tom Abell
Tuck Bonney
Pat Branson
Robin Heinrichs
CITIZENS COMMENTS
Regular Assembly Meeting
September 19, 2002
KODIAK ISLAND BOROUGH
Regular Assembly Meeting
September 19, 2002
comprising a quorum of the Assembly; and
Pat Carlson, Manager
Judi Nielsen, Borough Clerk
Nova Javier, Deputy Clerk
Greg Razo
Wayne Stevens
Darlene Turner
REGULAR MEETING
ROLL CALL
APPROVAL OF AGENDA APPROVAL OF
AGENDA
STEVENS, moved to approve the
seconded by BRANSON agenda.
VOTE ON MOTION TO APPROVE
MOTION CARRIED Unanimous voice vote
APPROVAL OF MINUTES
None.
AWARDS AND PRESENTATIONS
A. PROCLAMATIONS
Mayor LeDoux proclaimed September 15 through October 15,
2002, "Hispanic Heritage Month" in Kodiak urging all
citizens to recognize the important contributions made by
Hispanic Americans in our community. El Salvadorian
representative Luis Mendez and Hispanic- American
representatives Enrique and Victoria Perez accepted the
proclamation.
APPROVAL OF
MINUTES
AWARDS AND
PRESENTATIONS
PROCLAMATIONS
HISPANIC
HERITAGE MONTH
CITIZENS
COMMENTS
Volume XXVII
Page 253
Murphy Forner, ATV Stakeholder Committee chair, reported
that the Committee worked hard and unanimously recommended
Resolution No. 2002 -26 and hoped the Assembly would move
it on for consideration by the Alaska Municipal League.
He invited the Assembly to attend the Committee meeting on
Tuesday, September 24.
Nancy Wells, Womens Bay Community Council chair, noticed
the executive session to discuss their lawsuit. She said
the Borough Attorney requested a hearing extension to
October 8 because he was unavailable. She wondered why he
was available to meet with the Assembly in Kodiak.
Yeshi Benyamin, asked the Assembly to use their mandated
powers to stop the Borough lawyer's orders to evict him
and take his property and sell it.
COMMITTEE REPORTS
Robin Gardner, Providence Kodiak Island Mental Health
Center (PKIMHC) director, said the August financial report
reflected a reduction of the budget deficit from $40,000
to $13,000. She gave an update on current vacancies. She
did another site review in Homer. She said the Mental
Health Center participated at the Health Fair in Kodiak
September 7. She proudly reported that the State of
Alaska Division of Mental Health and the Department of
Economic Development were impressed with their partnership
with the school district and the Borough which made them
the Clinician Model in the State.
Pat Branson announced Don Rush would start in November as
the new Providence Kodiak Island Medical Center
administrator.
PUBLIC HEARING
A. Ordinance No. 2002 -10B Amending Fiscal Year 2003
Budget to Reflect Amendments. NO. 2002 - 10B
HEINRICHS, moved to adopt
seconded by STEVENS Ordinance No. 2002 -10B
Manager Carlson requested the increase to the Womens Bay
Road Service Area's budget in the Amount of $30,000 to
seal coat 3.1 miles of paved roads.
Mayor LeDoux called for public testimony; hearing and
seeing none, she reconvened the regular meeting.
VOTE ON MOTION TO ADOPT
Ayes:
Noes: None
Regular Assembly Meeting
September 19, 2002
Abell, Bonney, Branson,
Heinrichs, Razo, Stevens,
Turner
COMMITTEE
REPORTS
PUBLIC HEARING
ORDINANCE
Volume XXVII
Page 254
MOTION CARRIED: Unanimous
BOROUGH MANAGER'S REPORT
Manager Carlson said that the Southwest Alaska Municipal
Conference (SWAMC) was well- attended and very productive.
He reported that the North Pacific Fishery Management
Council (NPFMC) would hold a three -day conference to
discuss issues regarding protection of essential fish
habitats, restrictions, and other issues.
MESSAGES FROM THE BOROUGH MAYOR
Mayor LeDoux expressed her condolences to Pastor Steven
Kenney's family. She urged the people to attend the
NPFMC's meetings. She thanked the ATV Adhoc Committee for
their hard work.
Manager Carlson announced that the NPFMC's meeting would
be held at the Best Western Harbor Room.
UNFINISHED BUSINESS
None.
NEW BUSINESS
A. CONTRACTS
None.
B. RESOLUTIONS
1. Resolution No. 2002 -26 Lobbying the Alaska
State Legislature to Adopt a Statewide All
Terrain Vehicle (ATV) Registration Program as
Part of a Long -Term Strategy to Address ATV
Issues.
BRANSON, moved to adopt
seconded by HEINRICHS Resolution No. 2002 -26.
Assemblymember Bonney said this resolution was unanimously
approved by the members of the ATV committee. He urged
the Assembly to consider local option as it may have a
much better chance of moving through the State's process.
He commented that the registration program was intended
along the road system on Kodiak and not in the villages.
Assemblymember Branson noted it was not critical to pass
the resolution right away as it could be submitted in
early November to the Alaska Municipal League.
Assemblymember Razo appreciated the time and effort
invested by the ATV Adhoc Committee and he wanted to
submit the resolution to AML. He said; however, that this
was a local issue and unique to Kodiak.
Regular Assembly Meeting
September 19, 2002
BOROUGH
MANAGER'S REPORT
MESSAGES FROM
THE BOROUGH
MAYOR
UNFINI SHED
BUSINESS
NEW BUSINESS
CONTRACTS
RESOLUTIONS
RESOLUTION
NO. 2002 -26
Volume XXVII
Page 255
RAZO,
seconded by HEINRICHS
Assemblymember Turner agreed with the amendment. She said
a registration program was a good option to reduce damage
to streams, salmon hatchery, and other public resources.
Assemblymember Branson favored the amendment as AML had
very diverse representation.
VOTE ON MOTION TO AMEND
Ayes: Bonney, Branson,
Heinrichs, Razo, Stevens,
Turner, Abell
Noes: None
MOTION CARRIED Unanimous
Assemblymember Abell wanted to postpone the resolution and
hear a report from the ATV Adhoc Committee.
ABELL,
seconded by HEINRICHS
Regular Assembly Meeting
September 19, 2002
moved to amend Resolution
No. 2002 -26 by inserting
the words: "local option"
after the word: "ATV" in
Section 1.
moved to postpone
Resolution No. 2002 -26
for adoption to the Work
Session of September 26,
2002.
Assemblymember Branson agreed with the postponement as she
wanted to discuss more strategies with the ATV Committee
and community members.
Assemblymember Stevens was opposed to postponing. He felt
this was a straight forward resolution and the amendment
made the local option clear.
Assemblymember Bonney was against the postponement as it
may send a wrong message.
Assemblymember Razo concurred with Assemblymember Bonney
and said that he did not have a problem passing it tonight
as requested back -up information was received.
Assemblymember Turner opposed postponing as long as local
option was addressed.
VOTE ON MOTION TO POSTPONE
Ayes: Branson, Abell
Noes:
Bonney, Heinrichs, Razo,
Stevens, Turner
Volume XXVII
Page 256
VOTE ON MOTION TO CONFIRM
Ayes:
Noes: None
MOTION CARRIED Unanimous
RAZO,
seconded by BRANSON
VOTE ON MOTION TO CONFIRM
Ayes:
Noes:
MOTION CARRIED
CITIZENS COMMENTS
Regular Assembly Meeting
September 19, 2002
the Parks and Recreation
Committee for a term to
expire December 2003.
Stevens, Turner, Abell,
Bonney, Branson,
Heinrichs, Razo
4. Confirmation of Mayoral Appointment to the
Parks and Recreation Committee for a Term to
Expire December 2004.
moved to confirm the
mayoral appointment of
Mike O'Neal to a seat on
the Parks and Recreation
Committee for a term to
expire December 2004.
Turner, Abell, Bonney,
Branson, Heinrichs, Razo,
Stevens
None
Unanimous
Steve Kreber, camera man, apologized for the technical
problems during the meeting broadcast.
ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER
COMMENTS
Assemblymember Razo reported that the KIBSD Facility
Review Committee met and would provide a report to the
Assembly. He looked forward to the passage of General
Obligation Bonds in November and felt these bonds would
tremendously benefit Kodiak.
Assemblymember Abell was in full support of the General
Obligation Bonds and urged the public to call Manager
Carlson for any questions.
Assemblymember Turner said she wanted future discussions
about pet cremation in light of her conversation with Ada
Berry. She felt the Borough should give pet- owners
sincere and careful consideration about this matter.
PARKS AND
RECREATION
COMMITTEE
APPOINTMENT
CITIZENS
COMMENTS
Volume XXVII
Page 258
Mayor LeDoux concurred.
In response to Assemblymember Turner, Manager Carlson
recognized Ms. Berry's concern. He advised the fee
schedule did not address cremation. He agreed this should
be discussed in the future.
Assemblymember Stevens thanked the ATV Stakeholder
Committee for working through the contentious issues. He
thanked the Borough for their support of SWAMC in Kodiak.
Assemblymember Bonney suggested the Assembly invite the
ATV Stakeholder Committee to a future work session to get
some of their questions answered.
Assemblymember Heinrichs expressed an interest to hear a
presentation from the Committee and suggested that a
spokesman be chosen from the group. He was pleased to see
the proclamation celebrating the increased participation
of hispanic residents in the community. He applauded the
Alaska 20/20 presentation saying they truly represented
the State. He commended the South East Alaska Municipal
Conference for the stance they had taken in running the
marine highway system. He wanted to revisit the
Assembly's goal to pursue a publicly owned airport
terminal.
Assemblymember Branson invited residents to attend the
Aging Connection seminar and announced that it was free
and beneficial to anyone over 18 years of age.
Mayor LeDoux announced that the Assembly would meet in a
work session Thursday, September 26 at 7:30 p.m. in the
Borough conference room and a regular meeting Thursday,
October 3 at 7:30 p.m. in the assembly chambers.
She encouraged voters to vote in the regular election on
Tuesday, October 1. She announced that absentee voting
was available in the Borough clerks office through
September 30 or request an absentee ballot by mail ballot
from the Borough clerk.
She thanked all the election workers on behalf of the
Assembly for their generous time during the election
process.
EXECUTIVE SESSION
A. Litigation: Womens Bay Community Council, Inc. Vs.
The Kodiak Island Borough.
TURNER,
seconded by HEINRICHS
Regular Assembly Meeting
September 19, 2002
moved to convene into
executive session to
discuss Womens Bay
Community Council, Inc.
Vs. the Kodiak Island
Borough litigation that
EXECUTIVE
SESSION
WBCC VS. KIB
LITIGATION
Volume XXVII
Page 259
ROLL CALL VOTE ON MOTION
Ayes:
Noes: None
Absent: None
MOTION CARRIED: Unanimous
Mayor LeDoux recessed the regular meeting at 8:33 p.m.
She invited Borough Attorney Walt Mason, Manager Carlson,
and the Borough clerk's office staff to join in executive
session.
At 9:07 p.m., Mayor LeDoux reconvened the regular meeting
and announced that no action would be taken as a result of
the executive session.
ADJOURNMENT
There being no further business to come before the
Assembly, the meeting adjourned at 9:08 p.m.
ATTEST:
Regular Assembly Meeting
September 19, 2002
is an attorney- client
privilege.
Abell, Bonney, Branson,
Heinrichs, Razo, Stevens,
Turner
Gabrielle LeDoux, Mayor
udith A. Nielsen, CMC Approved: 11/07/02
Borough Clerk
ADJOURNMENT
Volume XXVII
Page 260