2013-12-05 Regular Meeting KODIAK ISLAND BOROUGH
Assembly Regular Meeting
December 5, 2013
A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, December 5,
2013, 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 Sergeant Major Dave Blacketer of the Salvation Army. Deputy
Presiding Officer Bonney led the Pledge of Allegiance.
Present were Deputy Presiding Officer Tuck Bonney, Assembly members Carol Austerman,
Aaron Griffin, Dave Kaplan, Chris Lynch, Frank Peterson Jr., and Mel Stephens. Staff members
present were Borough Manager Bud Cassidy, Deputy Clerk Jessica Kilborn, and Assistant Clerk
Angela MacKenzie.
PETERSON moved to excuse Mayor Friend who was absent due to personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
KAPLAN moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
Regular Meeting Minutes of October 17, November 7, and Special Meeting Minutes of
November 14, 2013 were approved under consent agenda.
AWARDS AND PRESENTATIONS
Deputy Presiding Officer Bonney presented the Student of the Month Award for November 2013
to Deborah Bitanga, a junior with Kodiak High School.
CITIZENS' COMMENTS
Dennis Symmons and Scott Arndt spoke on Resolution No. 1997-20B.
Roberta Austrinq, a member of the Senior Citizens of Kodiak Board of Directors, gave an
update that the Senior Center had achieved national accreditation for the years 2003, 2008, and
2013.
Ken Reinke Threshold Services Director, spoke to American Recycles Day on November 15
and the importance of outreach to the community.
COMMITTEE REPORTS
Cindy Harrington, Solid Waste Advisory Board Outreach and Education Subcommittee reported
on the importance of recycling card board in December.
Assembly member Lynch reported on the Kodiak Fisheries Work Group regular meeting held on
Monday, December 2 and announced the next regular meeting would be held on December 16
at 8:30 a.m. in the Borough Conference room.
Assembly member Austerman reported on the Providence Community Advisory Board regular
meeting held in November.
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December 5, 2013 Page 1299
PUBLIC HEARING
None.
BOROUGH MANAGER'S REPORT
Manager Cassidy reported on the following:
• Reported on his attendance at the Alaska Municipal League (AML) Conference in
Anchorage.
• Informed the Assembly of an article published in the Kodiak Daily Mirror about a dispute
between the contractor and the Borough regarding the landscaping for the Kodiak High
School parking lot project.
• Announced Neil Horn as the new code enforcement officer.
MESSAGES FROM THE BOROUGH MAYOR (Deputy Presiding Officer Bonney)
None.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
None.
Resolutions
1. Resolution No. 1997-20B Amending Resolution No. 1997-20 Regarding Compensation of
the Service Area No. 1 Board Chairperson.
LYNCH moved to adopt Resolution No. 1997-20B.
KIBC 4.15.050 stated "Board members shall be compensated as provided by resolution of the
Assembly".
As part of the FY2014 Budget process, the Service Area No. 1 (SA1) Board determined a need
to increase the chairperson's stipend to $4800/year and included the increase in its proposed
budget to the Assembly.
On November 14, 2013, the SA1 Board adopted a resolution that requested the increase to the
stipend be approved by the Assembly.
GRIFFIN moved to amend Resolution No. 1997-20B by removing Section 2, regarding the
retroactive date of July 1, 2013.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Austerman, Bonney,
Griffin, Kaplan, Lynch, Peterson, and Stephens.
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED FOUR TO THREE: Bonney, Griffin,
Kaplan, and Peterson (Ayes); Lynch and Stephens (Noes).
Ordinances for Introduction
1. Ordinance No. FY2014-10 Amending Various Sections in Title 3 Revenue and Finance
Chapter 3.35, Real Property Tax, and Personal Property Tax Chapter 3.40.
LYNCH moved to adopt Ordinance No. FY2014-10 in first reading to advance to public hearing
at the next regular meeting of the Assembly.
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December 5, 2013 Page 1300
The proposed updates to KIBC 3.35 and 3.40, Real and Personal Property Tax added
procedures to be followed for exemptions that were not laid out in the current Title. The updates
also added language that added enforcement to the Borough possessory interest tax and
clearly stated the intent and legal standing to enforce such a tax. The update also better defined
Situs for personal property, added penalties for not filing required assessment returns, and
generally added clarification to areas of the original code that was vague.
ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Griffin, Kaplan, Lynch, Peterson,
Austerman, and Bonney (Ayes); Stephens (No).
1. Ordinance No. FY2014-01B Amending Ordinance No. FY2014-01 by Amending Budgets to
Account for Various Revenues that Are Over Budget, Provide for Additional Expenditures,
and Move Funds Between Projects.
LYNCH moved to adopt Ordinance No. FY2014-018 in first reading to advance to public hearing
at the next regular meeting of the Assembly.
This ordinance would adjust the FY2014 budget as follows:
• Bayside Fire Department needed to move $115,100 to Fund 450 to fully fund the emergency
generator project and those funds were available in the Bayside Fire Department's Fund
Balance; and
• several projects in Fund 469 needed to be combined for better project management; and
• total project amount of $1,356,438 for the Kodiak Fisheries Research Center (KFRC)
Ventilation Modifications project would need to be made available from the KFRC retained
earnings of which NOAA would be reimbursing the Borough $831,327 upon project
completion; and
• combining the Chiniak School Underground Storage Tank Removal and Replacement
project with the Chiniak School Soil Remediation project; and
• combining several Borough Building renewal and replacement projects; and
• budgets needed to be developed for FY2014 Renewal and Replacement projects in Fund
469 (Borough Building Rehabilitation, Port Lions School Exterior Painting, Middle School
paving, and Auditorium Foyer and Hall flooring).
ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Kaplan, Lynch, Peterson,
Austerman, Bonney, and Griffin (Ayes); Stephens (No).
Deputy Presiding Officer Bonney recessed the regular meeting at 8:20 p.m., and convened the
Board of Adjustment appeal.
BOARD OF ADJUSTMENT
1. APPEAL TO THE BOARD OF ADJUSTMENT - An Appeal of the Planning and Zoning
Commission's Decision on Case No. 14-005 Affirmed the Administrative Decision Ordered
the Cessation of the Use of a Recreation Vehicle (RV) as a Dwelling Unit and Outdoor
Storage of an RV Not Incidental and Subordinate to the Hotel Use on the Airport Lease, Lot
1 & 2, Block 1400, United States Survey 2539 (Appellant: Kishan Group, Inc. Agents: Kelly
and Angela Huffaker).
Assembly member Peterson noted he had a possible conflict of interest as he had served on the
Planning and Zoning Commission at the time the Commission heard the original case. Chair
Bonney ruled that there was not a conflict of interest.
Chair Bonney announced that eight appeal hearing notices were mailed and no responses were
received. A signed petition was received that afternoon from Mr. Huffaker in support of the
appeal. The petition was verified against the list of those eligible to offer testimony on the
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December 5, 2013 Page 1301
appeal; however of those who signed the petition, none were eligible to provide testimony.
Although inadmissable, the petition was made part of the record.
Chair Bonney announced the Board of Adjustment would decide the appeal upon the appeal
record and the written and oral argument presented on the appeal. At the hearing before the
Board of Adjustment, only persons who had submitted written argument on the appeal, or
testified before the commission, or submitted written comments to the commission would
present oral argument.
Chair Bonney announced there were no written arguments received, no one had testified before
the Commission, and no one had submitted written comments to the Commission on the
appeal.
1. Borough staff represented by Bob Pederson, Community Development Director (CDD).
Director Bob Pederson gave an historical of the case packet including the appeal before the
Planning and Zoning Commission which had affirmed the Commission's decision. Their findings
of fact determined the appellant to be in violation of Borough zoning and building codes. Both
letters before the Board of Adjustment and Planning and Zoning Commission appeared to be
identical.
2. Appellant — Kelly and Angela Huffaker
Mr. Huffaker stated he only resided in the RV six months out of the year in order to generate
additional revenue. And spoke to the reasons why they utilized the Rv for residence during that
time period.
LYNCH moved to Affirm in whole the Planning and Zoning Commission's Decision on Case No.
14-005 Affirmed the Administrative Decision Ordered the Cessation of the Use of a Recreation
Vehicle (RV) as a Dwelling Unit and Outdoor Storage of an RV Not Incidental and Subordinate
to the Hotel Use on the Airport Lease, Lot 1 & 2, Block 1400, United States Survey 2539
(Appellant: Kishan Group, Inc. Agents: Kelly and Angela Huffaker)
ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Lynch, Austerman, Bonney, Griffin,
and Kaplan (Ayes); Peterson, and Stephens (Noes).
AUSTERMAN moved to adopt the Findings of Fact of the Board of Adjustment as Stated in the
Planning and Zoning Commission's Decision on Case No. 14-005 Affirming the Administrative
Decision Ordering the Cessation of the Use of a Recreation Vehicle (RV) as a Dwelling Unit and
Outdoor Storage of an RV Not Incidental and Subordinate to the Hotel Use on the Airport
Lease, Lot 1 & 2, Block 1400, United States Survey 2539 (Appellant: Kishan Group, Inc. Agents:
Kelly and Angela Huffaker) With the Exception of the Commissions' Finding No. Four.
1. A recreational vehicle is being used as a dwelling unit on the property on a regular basis
each summer season.
2. A recreational vehicle is being stored on the property on a regular basis when it is not
occupied.
3. A variance is not an allowable option to permit the continued use of a recreational vehicle as
a dwelling unit o the property. The use is not permitted in the B-Business Zoning District;
therefore, any variance permitting that use would be a "use" variance. Use variances are
illegal as a matter of Alaska state law (AS.29.40.040).
recreational vehicle as a dwelling unit on the property. The use is not listed as a conditional
use in the B Business Zoning district; therefore, no conditional use permit can be issued.
5. Zoning compliance has not been issued to establish an outdoor storage use on the property.
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December 5, 2013 Page 1302
ROLL CALL VOTE ON MOTION TO ADOPT FINDINGS OF FACT AS PRESENTED WITH
THE EXCEPTION OF FINDING NO. FOUR CARRIED SIX TO ONE: Peterson, Austerman,
Bonney, Griffin, Kaplan, and Lynch (Ayes); Stephens (No).
Chair Bonney announced the date on the written decision was used for further appeal with the
Superior Court.
Deputy Presiding Officer Bonney reconvened the regular meeting at 9:02 p.m.
CITIZENS' COMMENTS
None.
ASSEMBLY MEMBERS' COMMENTS
Assembly member Stephens spoke to Resolution No. 1997-20B the Board of Adjustment
appeal.
Assembly member Lynch congratulated the Student of the Month and expressed gratitude to
Roberta Austring, Ken Reinke, and Cindy Harrington for their community committee reports.
Assembly member Austerman congratulated Deborah Bitanga as the Student of the Month and
welcomed new staff member Neil Horn.
Announcements — Deputy Presiding Officer Bonney
The next Assembly work session was scheduled on Thursday, December 12 at 7:30 p.m. in the
Borough Conference Room. The next regular meeting was scheduled on Thursday, December
19 at 7:30 p.m. in the Borough Assembly Chambers.
ADJOURNMENT
KAPLAN moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Austerman, Bonney,
Kaplan, Lynch, and Peterson (Ayes); Griffin (No).
The meeting was adjourned at 9:05 p.m.
KOD AKK ISS YAND BOR
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ATTEST: ,lerol Friend, Mayor
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Nova M. Javier, MMC, orough Clerk Approved on: January 2, 2014
Kodiak Island Borough Assembly Minutes
December 5, 2013 Page 1303