12/12/2002 RMKODIAK ISLAND BOROUGH
Regular Assembly Meeting
December 12, 2002
A regular meeting of the Kodiak Island Borough Assembly REGULAR
was held December 12, 2002 in the Borough Conference Room MEETING
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.
There were present: ROLL CALL
Mayor:
Gabrielle LeDoux
Assemblymembers:
Tom Abell (arrived at 7:35 p.m.)
Tuck Bonney Greg Razo
Pat Branson Wayne Stevens
Robin Heinrichs Nancy Wells
comprising a quorum of the Assembly; and
Pat Carlson, Manager
Nova Javier, Deputy Clerk
Laura Casey, Assistant Clerk
RAZO, moved to excuse
seconded by BONNEY Assemblymember Abell
VOTE ON MOTION
MOTION CARRIED Unanimous Voice Vote
APPROVAL OF AGENDA
RAZO, moved to approve the
seconded by HEINRICHS agenda with the exclusion
of item 13.C.1, Ordinance
No. 2002 -17, under New
Business.
VOTE ON MOTION
Ayes:
Noes: None
Absent: Abell
MOTION CARRIED: Unanimous
VOTE ON MOTION TO APPROVE
Regular Assembly Meeting
December 12, 2002
Bonney, Branson,
Heinrichs, Razo, Stevens,
Wells
APPROVAL OF
AGENDA
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MOTION CARRIED
APPROVAL OF MINUTES
None.
CITIZENS COMMENTS
None.
COMMITTEE REPORTS
None.
PUBLIC HEARING
A. Ordinance No. 2002 -15 Re- establishing all Boards, ORDINANCE
Committees, and Commissions as Established in Kodiak NO. 2002 -15
Island Borough Code of Ordinances Chapter 2.39
Boards and Commissions.
BONNEY, moved to adopt
seconded by BRANSON Ordinance No. 2002 -15.
Deputy Clerk Javier said all boards, committees, and
commissions established under this chapter, with the
exception of those mandated by state law, shall terminate
by operation of law three (3) years unless affirmatively
reestablished or continued by the assembly.
Mayor LeDoux called for public testimony; hearing and
seeing none, she reconvened the regular meeting.
VOTE ON MOTION TO ADOPT
Ayes:
Noes: None
MOTION CARRIED: Unanimous
Bonney, Branson,
Heinrichs, Razo, Stevens,
Wells, Abell
Unanimous Voice Vote
RAZO, moved to adopt
seconded by HEINRICHS Ordinance No. 2002 -16.
Deputy Clerk Javier said this ordinance clarifies several
sections of the code as follows:
Regular Assembly Meeting
December 12, 2002
APPROVAL OF
MINUTES
CITIZENS
COMMENTS
COMMITTEE
REPORTS
PUBLIC HEARING
B. Ordinance No. 2002 -16 Amending Kodiak Island Borough ORDINANCE
Code of Ordinances Title 2 Administration and NO. 2002 -16
Personnel Chapter 2.15 Borough Mayor Section
2.15.050 Assembly Participation Chapter 2.17 Rules
of the Assembly Section 2.17.070 Ordinances,
Resolutions, and Motions Chapter 2.39 Boards,
Committees, and Commissions Section 2.39.070
Vacancies and Section 2.39.080 Nominations.
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1. The mayor votes in the case where only six members
of the assembly are present and there is a
three /three vote;
2. Defines the "prevailing side" as the side that
carried the question;
3. The Assembly, as the confirming body, accepts
resignations of board, committee, and commission
members;
4. Allowing for members of boards, committees, and
commissions to be removed for reasonable cause; and
5. Begin the advertising and appointment process
earlier to assist in filling board, committee, and
commission vacancies effective January first.
Deputy Clerk Javier said section 2 was added for the
Ordinance to take effect upon adoption.
HEINRICHS
seconded by BRANSON
VOTE ON MOTION TO AMEND
Ayes:
Noes: None
MOTION CARRIED: Unanimous
VOTE ON MOTION TO ADOPT
Ayes:
Noes: None
MOTION CARRIED: Unanimous
Regular Assembly Meeting
December 12, 2002
moved to amend
Ordinance No. 2002 -16 by
substitution.
Branson, Heinrichs, Razo,
Stevens, Wells, Abell,
Bonney
Mayor LeDoux called for public testimony; hearing and
seeing none, she reconvened the regular meeting.
Heinrichs, Razo, Stevens,
Welts, Abell, Bonney,
Branson
BOROUGH MANAGER'S REPORT BOROUGH
MANAGER'S
Manager Carlson said the North Star Elementary Bus Exit REPORT
Route Project should be completed by January 1, 2003. He
said the packets for the Strategic Planning would be
available Saturday, December 14, 2002 before the meeting.
MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM
THE BOROUGH
Mayor LeDoux thanked Manager Carlson for the work done at MAYOR
the North Pacific Management Fisheries Council meetings.
She looked forward to the Strategic Planning on December
14, 2002. She was committed to retaining a pool for the
community, regardless of fixing the existing pool or
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building a new facility.
UNFINISHED BUSINESS UNFINISHED
BUSINESS
None.
NEW BUSINESS NEW BUSINESS
A. CONTRACTS - none. CONTRACTS
B. RESOLUTIONS RESOLUTIONS
1. Resolution No. 2002 -31 Supporting the Kodiak RESOLUTION
Area Coordinated Transit System (KATS). NO. 2002 -31
RAZO, moved to adopt Resolution
seconded by HEINRICHS No. 2002 -31.
Assemblymember Branson who said this resolution was for
continued support of the Kodiak Area Transit System as a
state recognized coordinated transit system for our
community.
Assemblymember Wells said this was a very valuable service
to the community and deserved the support of the Assembly.
VOTE ON MOTION TO ADOPT
Ayes:
Noes: None
MOTION CARRIED: Unanimous
Regular Assembly Meeting
December 12, 2002
Razo, Stevens, Wells,
Abell, Bonney, Branson,
Heinrichs
2. Resolution No. 2002 -32 Certifying the FY'03
Shared Fisheries Business Tax Program
Application to Be True and Correct.
STEVENS, moved to adopt Resolution
seconded by BRANSON No. 2002 -32.
Manager Carlson said this resolution certified the
information contained in the Kodiak Island Borough FY'03
Shared Business Tax Program application to be true and
correct.
Assemblymember Heinrichs was saddened to see the use of
the long form. At the previous years Mayors conference, a
consensus was given to figure out a formula to benefit
everyone. He hoped for better distribution in the future.
Mayor LeDoux suggested distributing the Borough's share to
the outlying community.
In response, Manager Carlson advised the Borough had
received less funds as well.
RESOLUTION
NO. 2002 -32
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VOTE ON MOTION TO ADOPT
Ayes:
Noes:
VOTE ON MOTION TO ADOPT
Ayes:
Noes:
MOTION CARRIED:
C. ORDINANCES FOR INTRODUCTION
Regular Assembly Meeting
December 12, 2002
Stevens, Wells, Abell,
Bonney, Branson,
Heinrichs, Razo
None
MOTION CARRIED: Unanimous
3. Resolution No. 2002 -33 Designating the
Individual Who Will Serve as the Administrative
Official During the Temporary Absence or
Disability of the Borough Manager.
BRANSON, moved to adopt Resolution
seconded by BONNEY No. 2002 -33.
Manager Carlson said this resolution names Charles E.
"Bud" Cassidy, Borough Engineering and Facilities
Department Director, as the administrative official during
the temporary absence of the Borough Manager.
In response to Assemblymember Abell, Manager Carlson said
they would have to discuss the situation if both Manager
Carlson and Bud Cassidy were to be gone at the same time.
In response to Assemblymember Branson, Manager Carlson
said there should be no reason for both to be absent at
the same time.
Wells, Abell, Bonney,
Branson, Heinrichs, Razo,
Stevens
None
Unanimous
1. Ordinance No. 2002 -17 Amending Kodiak Island
Borough Code of Ordinances Title 2
Administration and Personnel Chapter 2.15
Borough Mayor Section 2.15.040 Duties Chapter
2.39 Boards and Commissions Section 2.39.030
Appointments Chapter 2.45
Architectural /Engineering Review Board Section
2.45.030 Qualifications and Title 8 Health and
Safety Chapter 8.04 Hospital and Health
Facilities Advisory Board Section 8.04.010
Created - Membership Chapter 8.08 Mental Health
Center Advisory Board Section 8.08.010 Created
- Membership.
RESOLUTION
NO. 2002 -33
ORDINANCES FOR
INTRODUCTION
ORDINANCE
NO. 2002 -17
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This Ordinance was removed from the agenda.
2. Ordinance No. 2002 -18 Calling for an Election ORDINANCE
to Submit to the Qualified Voters the Question NO. 2002 -18
of Establishing the Trinity Islands Streetlight
Service Area to Provide Construction,
Operation, and Maintenance of Streetlights in
the Trinity Island Subdivision.
HEINRICHS,
seconded by BRANSON
VOTE ON MOTION TO ADVANCE
Ayes:
Noes: None
MOTION CARRIED: Unanimous
VOTE ON MOTION TO ACCEPT
Ayes:
Noes: None
Regular Assembly Meeting
December 12, 2002
moved to adopt Ordinance
No. 2002 -18 in first
reading to advance to
public hearing on
December 19, 2002.
Manager Carlson said this ordinance would initiate the
process for the creation of the Trinity Island streetlight
service area. A petition was submitted to the clerk's
office and has been determined to have sufficient
signatures and pertinent information of persons who own
thirty percent (30%) of the real property within the
boundaries proposed to be established.
The streetlight service area would allow for construction,
ongoing maintenance, and operation of streetlights in the
interest of public safety and neighborhood convenience in
Trinity Islands.
Abell, Bonney, Branson,
Heinrichs, Razo, Stevens,
Wells
E. OTHER ITEMS OTHER ITEMS
1. Resignation of Womens Bay Road Service Area WOMENS BAY
Board Member. ROAD SERVICE
AREA BOARD
HEINRICHS, moved to accept, with RESIGNATION
seconded by BRANSON regret, the resignation
of Frederick E. Waltman
II for a term to expire
October 2005 on the
Womens Bay Road Service
Area Board.
Bonney, Branson,
Heinrichs, Razo, Stevens,
Wells, Abell
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MOTION CARRIED: Unanimous
2. Confirmation of Mayoral Appointment to a CONFIRMATION
Borough Seat on the Planning and Zoning OF MAYORAL
Commission. APPOINTMENT TO
BRANSON, moved to confirm the THE PLANNING
seconded by HEINRICHS mayoral appointment of AND ZONING
Dr. Gary A. Carver to a COMMISSION
Borough seat on the
Planning and Zoning
Commission for a term to
expire December 31, 2005.
VOTE ON MOTION TO CONFIRM
Ayes:
Noes: None
MOTION CARRIED: Unanimous
HEINRICHS,
seconded by RAZO
VOTE ON MOTION TO CONFIRM
Ayes:
Noes:
MOTION CARRIED:
CITIZENS COMMENTS
Regular Assembly Meeting
December 12, 2002
Branson, Heinrichs, Razo,
Stevens, Wells, Abell,
Bonney
3. Confirmation of Mayoral Appointment to a City
Seat on the Planning and Zoning Commission.
moved to confirm the
mayoral appointment of
Jerrol Friend to a City
seat on the Planning and
Zoning Commission for a
term to expire December
31, 2005.
Heinrichs, Razo, Stevens,
Wells, Abell, Bonney,
Branson
None
Unanimous
CITIZENS
Casey Janz thanked the Assembly for the confirmation of COMMENTS
Dr. Gary Carver to the Planning and Zoning Commission.
She asked the Assembly to consider the impact of the Navy
Seals proposal to the Womens Bay Community.
Captain Dave Davis thanked the Assembly for the time and
efforts they invest specially during the times of making
tough decisions.
James Nestic, Mayor of Old Harbor, would like to see the
issues of the fish tax distribution taken to the
legislature in the future. He said it was not right for
CONFIRMATION
OF MAYORAL
APPOINTMENT TO
THE PLANNING
AND ZONING
COMMISSION
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one government to determine how the money should be
distributed.
ASSEMBLYMEMBER COMMENTS
Assemblymember Wells said Lesnoi would respond to Manager
Carlson regarding the Navy Seals proposal.
Assemblymember Heinrichs wished everyone a Merry
Christmas.
Mayor LeDoux announced the Assembly would hold a Strategic
Planning session on Saturday, December 14, 2002 at 9:00
a.m. at the Kodiak Fisheries Research Center Conference
Room.
She announced the Assembly would meet in a joint
Assembly /City Council work session on Tuesday, December 17
at 7:30 p.m. in the Borough conference room which would be
followed immediately by an Assembly work session; and a
regular meeting on Thursday, December 19, at 7:30 p.m. in
the assembly chambers.
She announced the December 26 work session and January 2
regular meeting had been cancelled.
The Kodiak Island Borough offices would be closed on
Wednesday, December 25 in observance of Christmas day and
Wednesday, January 1 in observance of New Year's Day.
EXECUTIVE SESSION
A. Litigation: Womens Bay Community Council, Inc. Vs.
The Kodiak Island Borough.
HEINRICHS, moved to convene into
seconded by STEVENS executive session to
candidly discuss the
facts and litigation
strategies for the Womens
Bay Community Council,
Inc. vs. the Kodiak
Island Borough, which
discussion is an
attorney - client
privilege.
Assemblymember Wells recuse herself from participation.
ROLL CALL VOTE ON MOTION
Ayes:
Noes:
Absent:
Regular Assembly Meeting
December 12, 2002
Razo, Stevens, Abell,
Bonney, Branson
None
Wells
ASSEMBLYMEMBER
COMMENTS
EXECUTIVE
SESSION
WBCC VS. KIB
LITIGATION
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MOTION CARRIED: Unanimous
Mayor LeDoux recessed the regular meeting at 8:00 p.m.
She invited Manager Carlson and the Borough clerk's office
staff to join in executive session. Borough Attorney Walt
Ebell participated via teleconference.
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:
udith A. Nie sen, CMC
Borough Clerk
Regular Assembly Meeting
December 12, 2002
4 444 ikeret-)e
Gabrielle LeDoux, Mayor
Approved: 01/16/2003
ADJOURNMENT
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