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2025-02-20 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting February 20, 2025 A regular meeting of the Kodiak Island Borough Assembly was held on February 20, 2025, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Acting Administrative Official Seema Garoutte, Bayside Fire Department Fire Chief Scott Ellis, Finance Director Dora Cross, Borough Clerk Nova M. Javier, and Assistant Clerk Irene Arellano. INVOCATION Mr. Anthony Furio of the Salvation Army gave the invocation. 2. PLEDGE OF ALLEGIANCE Assembly Member LeDoux led the pledge of allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Assembly Members Dave Johnson, Larry LeDoux, Scott Smiley, and Bo Whiteside. SMILEY moved to excuse Mayor Arndt and Assembly Member Griffin who were attending Alaska Municipal League Winter Conference in Juneau, Alaska and Assembly Member Ames and Sharratt who were out on personal leave. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Johnson, LeDoux, Smiley, and Whiteside. 5. APPROVAL OF AGENDA AND CONSENT AGENDA SMILEY moved to approve the agenda and consent agenda. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES (Approved under consent agenda) A. Regular Meeting Minutes of February 6, 2025 CITIZENS' COMMENTS The following spoke under citizen's comments: Alexus Kwachka • Julianne Curry Kodiak Island Borough February 20, 2025 Assembly Regular Meeting Minutes Page 1 of 5 8. AWARDS AND PRESENTATIONS A. Proclamation Declaring United States Coast Guard "We Applaud You" Day Assembly Member Dave Johnson, on behalf of Mayor Arndt, proclaimed February 21, 2025, as United States Coast Guard "We Applaud You" Day urging citizens to recognize our Coast Guard community for their individual and collective efforts in making Kodiak and all the navigable waters of Alaska a safer and better place to live, work, and play. COMMITTEE REPORTS • Assembly Member LeDoux reported on the recent Kodiak College Advisory Board meeting, highlighting the exciting developments at the College. 10. PUBLIC HEARING A. State Of Alaska Alcohol And Marijuana Control Office Beverage Dispensary Liquor License Transfer Of Controlling Interest For Bernie's Bar LLC SMILEY moved to voice non -protest to the State of Alaska Alcohol and Marijuana Control Office (AMCO) beverage dispensary liquor license transfer of controlling interest for Bernie's Bar LLC and direct the Clerk to notify AMCO of this decision. Assembly Member LeDoux opened the public hearing. Hearing and seeing none, Assembly Member LeDoux closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Smiley, Whiteside, and Johnson. B. Assembly Review Of The State Of Alaska Alcohol And Marijuana Control Office Liquor License Transfer Of Ownership From Sook C Yun, DBA Second Floor Restaurant (License No.3293) To Nuniaq Cafe' And Deli And Transfer Of Location From Current Location Of 116 W Rezanof Drive To 113 Lower Millbay Road SMILEY moved to voice protest to the State of Alaska Alcohol and Marijuana Control Office (AMCO) transfer of ownership application from Sook C Yun, DBA Second Floor Restaurant (License No.3293) to Nuniaq Cafe' and Deli and the transfer of location from the current location of 116 W Rezanof Drive to 113 Lower Millbay Road and direct the Clerk to submit the letter of protest letter to the Alaska Beverage Control Board (ABC) Board and to the transferor. The reasons for protest are stated in the letter attached to this packet. Assembly Member LeDoux opened the public hearing. The following spoke under citizen's comments: • Carlene McChesney • Alexus Kwachka Kodiak Island Borough Assembly Regular Meeting Minutes February 20, 2025 Page 2 of 5 • Nate Svoboda • Leanna Harrington • Melissa Berns Hearing and seeing none, Assembly Member LeDoux closed the public hearing. JOHNSON moved to amend the letter of objection by striking sentences on page three that refer to the seasonality or time operations of Nuniaq Deli from "The Borough and its residents are best served by REPL licenses being held by full time year-round full -service restaurants serving both lunch and dinner on a regular basis. The regular operation also contributes to local tax revenues. The transferee applicant here is not this sort of establishment. The long-term failure to operate hampers Kodiak's otherwise vibrant hospitality industry'. WHITESIDE moved to further amend (second amendment) the letter of objection by striking all language afterthe bullet B priorto subsection 1 beginning with the renewal or reinstatement from there onward. ROLL CALL VOTE ON THE SECOND AMENDMENT CARRIED UNANIMOUSLY: Smiley, Whiteside, Johnson, and LeDoux. ROLL CALL VOTE ON THE PRIMARY AMENDMENT: Whiteside, Johnson, LeDoux, and Smiley. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Johnson, LeDoux, Smiley, and Whiteside. 11. BOROUGH MANAGER'S REPORT Acting Administrative Official Seema Garoutte provided a manager's report, and it was included in the meeting packet. 12. MESSAGES FROM THE BOROUGH MAYOR— None. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS — None. 14.B. RESOLUTIONS 1. Resolution No. FY2025-15, Authorizing The Manager To Accept The 2025 Volunteer Fire Capacity (VFC) Grant For The Fire Protection Area No. 1 (Bayside Volunteer Fire Department) SMILEY moved to adopt Resolution No. FY2025-15. Kodiak Island Borough Assembly Regular Meeting Minutes February 20, 2025 Page 3 of 5 ROLL CALL VOTE ON THE MOTION: Whiteside, Johnson, LeDoux, and Smiley. Resolution No. FY2025-16, Adopting A State Legislative Capital Improvement Projects Priority List for the 2025 Legislative session SMILEY moved to adopt Resolution No. FY2025-16. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Johnson, LeDoux, Smiley, and Whiteside. Resolution No. FY2025-17, Identifying Federal Project And Program Priorities For Federal Fiscal Years 2025 And 2026 SMILEY moved to adopt Resolution No. FY2025-17. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Smiley, Whiteside, and Johnson. 14.C. ORDINANCES FOR INTRODUCTION Ordinance No. FY2025-02A, Amending Ordinance No. FY2025-02, Fiscal Year 2025 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects SMILEY moved to advance Ordinance No. FY2025-02A to public hearing at the next regular assembly meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Whiteside, Johnson, and LeDoux. 14.D. OTHER ITEMS Authorization For The Borough Manager To Sign and Submit The Request Of Hearing Form To Appeal The Decision Of The Alcoholic Beverage Control (ABC) Board Denying The Kodiak Island Borough's Protest Of The Continued Operation Of Restaurant Or Eating Place License (REPL) No. 2611 SMILEY moved to authorize the Borough Manager to sign and submit the Request for Hearing form to appeal the decision of the ABC Board denying the Kodiak Island Borough's protest of the continued operation of REPL No. 2611. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Whiteside, Johnson, LeDoux, and Smiley. 2. Confirmation Of Mayoral Appointments Of City And Borough Representatives From The Planning And Zoning Commission To The Borough Lands Committee (Ms. Tracy Craig and Ms. Sara Fraser) Kodiak Island Borough Assembly Regular Meeting Minutes February 20, 2025 Page 4 of 5 SMILEY moved to confirm the Mayoral appointments of Commissioner Tracy Craig as the Planning and Zoning Commission (P&ZC) City representative and 1 Commissioner Sara Fraser as the P&Z Borough representative to the Borough I Lands Committee. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Johnson, LeDoux, Smiley, and Whiteside. 15. CITIZENS' COMMENTS — None. 16. ASSEMBLY MEMBERS' COMMENTS • Assembly Member Johnson had no comment. • Assembly Member Whiteside expressed his gratitude for public input and community feedback. He apologized to those who experience prolonged difficulties in pursuing liquor licenses due to the Alcohol and Marijuana Control Office poor handling of the process. He also expressed his support and encouragement to new business owners. • Assembly Member Smiley expressed his frustration with the Alcohol and Marijuana Control Office (AMCO), citing its actions as an example of bureaucracy at its worst. However, he acknowledged the importance of a well - managed bureaucracy, emphasizing its role in providing structure, amplifying diverse voices, and ensuring fair governance. Despite the current criticism of bureaucracy in the United States, he remains supportive of the concept of it. • Assembly Member LeDoux learned that bureaucracy tends to grow rather than shrink, which can be both beneficial and problematic. However, he emphasized that situations like this provide an opportunity for self -reflection to ensure the public doesn't face unnecessary barriers. He attributed the current challenges not to applicants or the Borough's decisions but to the Alcoholic Beveral Control Board's actions by not understanding the issues which he found disappointing. Moving forward, he hopes for a reassessment of the Borough's own bureaucratic processes to ensure efficiency and fairness. 17. ADJOURNMENT SMILEY moved to adjourn the meeting at 7:45 p.m. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Kodiak Island Borough February 20, 2025 ATTEST: Assembly Regular Meeting Minutes Page 5 of 5