2010-12-02 Regular Meeting KODIAK ISLAND BOROUGH
Assembly Regular Meeting
December 2, 2010
A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, December 2,
2010, 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 Major Sergeant Dave Blacketer of the Salvation Army. Mayor
Selby led the Pledge of Allegiance.
Present were Mayor Jerome Selby, Assembly members Carol Austerman, Judy Fulp, Sue
Jeffrey, Dave Kaplan, and Chris Lynch. Staff members present were Manager Rick Gifford,
Assessor Bill Roberts, Community Development Director Bud Cassidy, Finance Director Karl
Short, Deputy Clerk Marylynn McFarland, and Assistant Clerk Jessica Kilborn.
JEFFREY moved to excuse Assembly members Friend and Stutes who were absent due to
personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
FULP moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
A. Regular Meeting Minutes of October 21, 2010, and November 4, 2010, were approved under
the consent agenda.
AWARDS AND PRESENTATIONS
Mayor Selby presented a plaque of appreciation to the participants involved with the Old Harbor
Basketball Court project.
Manager Gifford presented a Certificate of Achievement for Excellence in Financial Reporting to
Finance Director Karl Short.
Manager Gifford presented the Award for Outstanding Achievement in Popular Annual Financial
Reporting to Finance Director Karl Short.
CITIZENS' COMMENTS
Brian Hansz, Karen Hansz, and Diane Cooney spoke regarding noise concerns with the gravel
extraction at the B1 Tracts in Bells Flats and discouraged future extensions for gravel extraction.
Andy Schroeder and Philip Tschersich spoke in support of Resolution No. FY2011 -12.
Terry Haines encouraged the Assembly to consider hiring him as the Borough representative for
fisheries issues.
Kodiak Island Borough Assembly Minutes
December 2, 2010 Page 857
Mel Stephens urged the Borough to post more financial reports on the website.
COMMITTEE REPORTS
Solid Waste Advisory Board Chair Nick Szabo provided a quarterly update on the activities of
the board and matters discussed at the meetings.
PUBLIC HEARING
A. Ordinance No. FY2011 -06 Amending the Kodiak Island Borough Code of Ordinances Title 8
Health and Safety Chapter 8.30 Prohibition of Smoking.
JEFFREY moved to adopt Ordinance No. FY2011 -06.
This ordinance would amend the Borough Code Title 8 Health and Safety and the Personnel
Manual 1118 Designated Smoking Areas. Research demonstrated the health hazards
associated with smoking and breathing of second -hand smoke. The Assembly wished to
provide a healthy environment for employees and visitors.
This ordinance would prohibit smoking in all buildings and offices owned or leased by the
Kodiak Island Borough at all times. Except as provided in Chapter 8.30, smoking would be
prohibited within a distance of fifty feet outside any entrance, window, or ventilation intake
system of any building or office owned or leased by the Kodiak Island Borough to ensure that
smoke did not enter any enclosed area where smoking was prohibited by this chapter.
Smoking would be prohibited on the grounds of the Borough Building at all times due to its
proximity to the Kodiak Island Borough School District offices and the Kodiak High School
property where smoking was prohibited. This ordinance was reviewed by the Borough Attorney
and would take effect January 1, 2011.
Mayor Selby opened the public hearing.
Betty McTavish read an informational report regarding the use of tobacco, expressed concerns
that prohibiting smoking in Borough owned vehicles was not addressed in the ordinance, and
thanked the Borough for addressing the matter.
Mel Stephens spoke in support of rewriting Ordinance No. FY2011 -06.
Mayor Selby closed the public hearing.
Assembly member Jeffrey addressed the concerns brought forth by Ms. Tavish regarding the
prohibition of smoking in Borough owned vehicles. Manager Gifford noted that this issue was
addressed in the Personnel Manual. Consensus was given to possibly amend the ordinance at
a later date should there be a need to specify that smoking in Borough owned vehicles was
prohibited.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Fulp, Jeffrey, Kaplan,
and Lynch.
Kodiak Island Borough Assembly Minutes
December 2, 2010 Page 858
B. Ordinance No. FY2011 -07 Amending Title 3 Revenue and Finance Chapter 3.40 Personal
Property Tax.
KAPLAN moved to adopt Ordinance No. FY2011 -07.
This ordinance was a general re -write of KIBC 3.40 Taxation of Personal Property. The re -write
included the following three major changes:
1. Exempted from taxation the first $20,000 of assessed valuation of business property for
each taxpayer.
2. Changed the method for taxing aircraft from ad valorem to a flat tax based on take -off
weight.
3. Changed the basis for taxing of vessels from "more than five net tons" to longer than 20
feet from bow to stern. This was intended to add fish charter boats that were under five
net tons to the tax roll.
This ordinance was reviewed by the Borough Attorney and would take effect January 1, 2011.
Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the
public hearing.
Manager Gifford explained the personal property tax processes that were proposed through the
ordinance.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, and
Austerman.
C. State of Alaska Alcoholic Beverage Control Board NEW Liquor License Application for the
Kodiak Raspberry Island Remote Lodge, Iron Creek Raspberry Island, Kodiak, AK.
(Applicant: Kodiak Raspberry Island Remote Lodge Inc.)
JEFFREY moved to voice CONDITIONAL NON - PROTEST to the State of Alaska Alcoholic
Beverage Control Board for the NEW liquor license application for the Kodiak Raspberry Island
Remote Lodge, Kodiak, AK. (Applicant: Kodiak Raspberry Island Remote Lodge Inc.)
The Clerk's office followed KIBC 5.01.030 New License and Transfer Procedure. No Borough
interest could be protected by protesting the new liquor license. The State of Alaska Department
of Public Safety and Division of Fire Prevention recommended disapproval until a site plan
review was accomplished. The principal members of the Kodiak Raspberry Island Remote
Lodge were informed of the required site review. Two public hearing notices were sent out; one
non - objection notice was received and was provided to the Assembly.
Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the
public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch,
Austerman, and Fulp.
Kodiak Island Borough Assembly Minutes
December 2, 2010 Page 859
BOROUGH MANAGER'S REPORT
Manager Gifford reported on the following:
• Provided a status report on the current construction projects.
• Consensus was given to cancel the December 16, 2010, regular meeting.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Selby reported on discussions held at the Alaska Municipal League's Mayors Conference
in November in Juneau. He provided reports on the activities and discussions of the Kodiak
Workforce Regional Advisory Council and the Fisheries and Oceanic Research Board. Mayor
Selby reported that the University of Alaska would submit a Request for Proposals for the
homeport of the Alaska Region Research Vessel (ARRV) and that the Old Harbor Tribal Council
indicated it would submit a proposal. He wished everyone a Merry Christmas and encouraged
the community to think of those in need during the holiday season.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
None.
Resolutions
1. Resolution No. FY2011 -12 Identifying Responsibility for the Maintenance and Operation of
the Proposed Pedestrian and Bike Pathway.
KAPLAN moved to adopt Resolution No. FY2011 -12.
The Kodiak Island Borough nominated a number of projects to be included in the State
Transportation Improvement Program (STIP). Of those projects, the proposed Pedestrian and
Bike Pathway scored well.
In scoring of projects that were nominated by local governments, Alaska Department of
Transportation (DOT) assumed that the Kodiak Island Borough would provide the operation and
maintenance (O &M) of this proposed facility. This resolution was required as a back up to that
assumption. The State of Alaska informed staff that it would defer to the Borough on the level of
maintenance for the pathway. This was not unlike what the Borough had in place for the existing
bike trail maintenance.
Letters from Roberta Austrinq, Peter Cummiskey, Ben Millstein, Sara Persselin, Heather
Preece, and Hans Tschersich in support of Resolution No. FY2011 -12 were provided to the
Assembly.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Austerman, Fulp,
and Jeffrey.
Kodiak Island Borough Assembly Minutes
December 2, 2010 Page 860
2. Resolution No. FY2011 -13 Adopting a New Kodiak Island Borough Urban Zoning Map.
JEFFREY moved to adopt Resolution FY2011 -13.
The Kodiak Island Borough was producing maps using the new Geographic Information System
computer technology. This map would replace any of the previous zoning maps that the
Borough had used and which drafted using AutoCAD or press -on letters and patterns.
Staff relied on KIBC 17.30.040 Zoning Map Replacement and determined that with the new
technology, along with the fact that the Borough had not adopted an urban zoning map in many
years, that there was need to adopt a new map. Borough departments reviewed the new map
product in an effort to make sure that there were no mistakes when transferring the zoning data
from one map source to another.
Manager Gifford outlined the areas that were encompassed by the urban map.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Austerman, Fulp, Jeffrey,
and Kaplan.
Ordinances for Introduction
1. Ordinance No. FY2011 -08 Determining the Disposition of Tax Foreclosed Properties from
2008 and Prior Tax Years, Establishing Intention to Surplus and Sell the Same, Finding that
a Public Need Does Not Exist for These Properties, and Authorizing Land Sale Number
Seventeen Terms and Conditions.
JEFFREY moved to adopt Ordinance No. FY2011 -08 in first reading to advance to public
hearing at the next regular meeting of the Assembly.
The Kodiak Island Borough had acquired real properties as a result of the tax foreclosure
procedure from 2008 and prior tax years. Staff followed AS 29.45.460 Disposition and Sale of
Foreclosed Property. The Planning and Zoning Commission reviewed the list of 2008 and prior
tax years for foreclosed properties as required by KIBC 18.10.030, conducted a public hearing
on the disposition of the subject parcels, and made a formal recommendation on the parcel's
disposition to the Assembly that the parcels identified had been reviewed by staff and the
Commission and that the properties not be retained for public purpose. These were remote
parcels of land.
The Manager recommended the tax - foreclosed parcels listed on the attached ordinance be
declared not to be of "public need" and be offered at a future Borough land sale. Staff
recommended a sealed bid auction be conducted in Spring 2011. The bidders would be
required to enclose a 10% deposit based on the minimum bid amount shown in the bid packet.
The remaining balance would be required to be paid within thirty days. Manager Gifford
explained that the dates of the bid opening would change due to the cancellation of the
Assembly meeting of December 16, 2010, and a future amendment would be submitted for
Assembly approval.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Fulp, Jeffrey, Kaplan,
and Lynch.
Kodiak Island Borough Assembly Minutes
December 2, 2010 Page 861
2. Ordinance No. FY2011 -09 Determining the Negotiation of a Sale at Fair Market Value of
Tax Foreclosed Properties to the Federal Government.
JEFFREY moved to adopt Ordinance No. FY2011 -09 in first reading to advance to public
hearing at the next regular meeting of the Assembly.
Certain real property was deeded to the Borough through tax foreclosure proceedings pursuant
to AS 29.45.290 for delinquent payment of taxes for 2006 and previous years. The Planning and
Zoning Commission reviewed the parcels as required by KIBC 18.10.030 at a public hearing in
June 2008 and the parcels were declared surplus to "public need" by Ordinance No. FY2009 -05
and determined to be available for future land sale.
The United Fish and Wildlife Service (USFWS) expressed an interest in purchasing parcel T30S
R28W SM, Tax Lot 1811 Zachar Bay and parcel T31S R28W SM, Tax Lot 2903 Amook Bay at
fair market value from the borough.
In a letter dated September 3, 2010, USFWS tendered a fair market value offer of $18,000 for
parcel T30S R28W TL 1811 Zachar Bay and a fair market value offer of $15,000 for parcel
T31S 28W TL 2903 Amook Bay. Both of these offers were based on an approved appraisal,
and were confirmed as fair market value by the Borough Assessor.
KIBC 18.20.100B Disposal for Fair Market Value allowed the Assembly and its agents to directly
negotiate with the United States, the State of Alaska, or any political subdivision thereof upon a
finding by the Assembly that the disposal would allow the use of the land for a public purpose
beneficial to the Borough.
The property was once part of the Kodiak National Wildlife Refuge (KNWR) and the
reacquisition by USFWS would promote efficient management for public recreation and refuge
for wildlife consistent with the goals and objectives of the comprehensive plan.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, and
Austerman.
Other Items
1. Approval of the Kodiak Island Borough Assembly 2011 Meeting Schedule. This item was
approved under the consent agenda.
It was the Assembly's duty to approve the meeting schedule for the upcoming year. The
recommended meeting schedule was created based on KIBC 2.30.030 Types of meetings.
2. Declaring a Seat on the Monashka Bay Road Service Area Board Vacant. This item was
approved under the consent agenda.
Ms. Darlene Turner and Dr. Mark Withrow were elected as Monashka Bay Road Service Area
Board write -ins at the last regular election of October 5, 2010. The Clerk's office followed KIBC
4.15.020 Composition, Appointment, Election, Qualifications when determining the results of the
election. Ms. Turner held a seat on the Board, but decided to vacate the old seat in order to
assume the newly elected seat to expire 2013. Dr. Withrow declined to assume the duties as a
Kodiak Island Borough Assembly Minutes
December 2, 2010 Page 862
board member of the Monashka Bay Road Service Area Board. The Assembly declared these
seats vacant and directed the Clerk's Office to advertise the vacancies per Borough code.
3. Mayoral Appointments of Assembly Member Representatives to Various Boards,
Committees, Commissions, and Councils.
KAPLAN moved to confirm the mayoral appointments of assembly member representatives to
Boards, Committees, Commissions, and Councils.
Mayor Selby asked that the Assembly confirm his appointment of Assembly member
representatives to Boards, Committees, Commissions, and Councils as follows:
Architectural Review Board Jerrol Friend
Joint Building Code Review Committee Jerrol Friend
Kodiak College Council Judy Fulp
Kodiak Fisheries Advisory Committee Sue Jeffrey
Parks and Recreation Committee Chris Lynch
Providence Health System Service Area Board Carol Austerman
Providence Kodiak Island Counseling
Center Advisory Council Louise Stutes
School District Budget Advisory Committee Dave Kaplan
School District Facilities Review Committee Chris Lynch
School District Strategic Planning Committee Sue Jeffrey
Solid Waste Advisory Board Dave Kaplan
Project Advisory Committee Louise Stutes
Mayor Selby served on the Economic Development Committee, Emergency Services Council,
Fisheries and Oceanic Research Board, and Kodiak Workforce Regional Advisory Council.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch,
Austerman, and Fulp.
4. Confirmation of Mayoral /Assembly Appointments to Various Boards, Committees,
Commissions, and Councils.
JEFFREY moved to confirm the Mayoral and Assembly appointments to various boards,
committees, commissions, and councils as follows:
MAYORAL APPOINTMENTS
Architectural /Engineering Review Board Gregg Hacker and Brent Watkins to the Seats
to Expire 2013
Parks and Recreation Committee Pam Foreman, Andy Schroeder, and Sandra
West to the Seats to Expire 2013
Planning & Zoning Commission Alan Torres and Brent Watkins to the
Borough Seats to Expire 2013
Solid Waste Advisory Board Cindy Harrington, Marion Owens, and Sandra
West to Seats to Expire 2013
Kodiak Island Borough Assembly Minutes
December 2, 2010 Page 863
ASSEMBLY APPOINTMENTS
Kodiak Workforce Regional Advisory Council Robert Banks to the Business Management
and IT Seat to Expire 2013
Marjorie DeGreef to the Health and Sport
Fitness Seat to Expire 2013
Sonny Vinberg to the Architecture,
Construction, and Engineering Seat to Expire
2013
Mission Lake Tidegate Service Area Board Marian Johnson to the Seat to Expire 2013
Personnel Advisory Board Lynn Bash to the Seat to Expire 2013
Original advertising reflected a deadline for applications by Friday, November 12, 2010. Having
not received applications for all the open seats, the deadline was extended to Friday, December
3, 2010, for the unfilled seats.
Assembly member Jeffrey thanked all volunteers for serving on the various boards,
commissions, and committees.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Austerman, Fulp,
and Jeffrey.
5. Recommendation for Appointment to Board Seats on the Providence Health System Kodiak
Island Service Area Community Board.
JEFFREY moved to voice non - objection to the appointments of Ron Acarregui, Alvin Arboleda,
Pat Branson, and Carol Juergens to the Providence Health System Kodiak Island Service Area
Community Board.
The Providence Kodiak Island Service Area Board recommended the appointment of Ron
Acarregui, Alvin Arboleda, Pat Branson, and Carol Juergens to fill Service Area Board
vacancies as of January 2011. The letter from Providence Kodiak Island Medical Center
(PKIMC) dated November 19, 2010, was provided.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Austerman, Fulp, Jeffrey,
and Kaplan.
6. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License
Applications Within the Kodiak Island Borough Jurisdiction.
JEFFREY moved to voice non - protest to the State of Alaska Alcoholic Beverage Control Board
for the renewal application requests indicated, with the exception of El Chicano Mexican
Restaurant, Lic. #3299 and Kodiak Island Brewing Company, Lic. #4259.
The Clerk's office conducted a routine investigation within the Kodiak Island Borough jurisdiction
and recommended non - protest to the renewals.
Kodiak Island Borough Assembly Minutes
December 2, 2010 Page 864
LICENSEE LICENSE # DBA LICENSE TYPE
BPO Elks Lodge #1772 #254 Tropic Lanes & Lounge Beverage
Dispensary
Mecca inc. #711 Mecca Bar & Restaurant Beverage
Dispensary
Henry's Great Alaskan #1061 Henry's Great Alaskan Beverage
Restaurant Inc. Restaurant Dispensary
Eugene's Inc #3480 Eugene's Restaurant Beverage
Dispensary
Ocean Enterprises of Alaska #4325 Old Power House Beverage
Inc. Restaurant Dispensary
BPO Elks Lodge #1772 #364 BPO Elks Lodge #1772 Club
Safeway Inc #174 Safeway #2522 Package Store
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Fulp, Jeffrey, Kaplan,
and Lynch.
JEFFREY moved to voice protest to the State of Alaska Alcoholic Beverage Control Board for
the renewal application request of El Chicano Mexican Restaurant, Lic. #3299 based on unpaid
taxes.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, and
Austerman .
JEFFREY moved to voice conditional non - protest to the State of Alaska Alcoholic Beverage
Control Board for the renewal application request of Kodiak Island Brewing Company, Lic #4259
based on inadequate facilities.
A letter was provided from Building Inspector Doug Mathers dated October 29, 2010, to the
owner of the building who leased space to the Kodiak Island Brewery alerting them to the need
of adequate restrooms within the building. It was the Building Department's recommendation
that the required restrooms be installed in order to continue the services.
Assembly consensus was provided to allow Mr. Millstein to speak on the matter. Mr. Millstein
commented on his intentions to resolve the issue of the inadequate facilities and spoke on the
matter of his personal responsibility regarding the facilities.
LYNCH moved to amend the motion by removing the word "conditional" and to voice non -
protest to the renewal of the application request.
Manager Gifford noted concerns of the Building Inspector that were relayed during discussions
prior to the meeting.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO ONE: Kaplan, Lynch,
Austerman, Fulp (Ayes); Jeffrey (No).
ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Jeffrey,
Kaplan, Lynch, Stutes, Austerman, and Fulp.
Kodiak Island Borough Assembly Minutes
December 2, 2010 Page 865
CITIZENS' COMMENTS
Vicky Kennedy commented on an issue that occurred at the Kodiak High School and the lack of
response by the police department.
Terry Haines spoke on the matter of hiring a Borough representative for fisheries issues.
ASSEMBLY MEMBER COMMENTS
Assembly members congratulated Finance Director Karl Short for the awards that he received.
Assembly member Jeffrey spoke in support of a joint meeting with the Kodiak City Council to
consider a representative for fisheries issues. She inquired where the public could view the
designs of the new Alaska Department of Fish and Game building. Manager Gifford stated that
the preliminary designs were available in the Engineering and Facilities department.
Assembly member Austerman thanked the citizens that commented at the meeting.
Assembly member Fulp thanked the Womens Bay Area community members for alerting the
Assembly of the noise issues at the Bells Flats gravel extraction pit and suggested modifying
the hours when extraction took place.
Mayor Selby noted that the success of the Old Harbor Basketball Court project was due to the
community of Old Harbor working together with the Borough and the School District. Monetary
and labor contributions by the community and others added to the success of the project. He
read the list of award recipients.
Announcements
Mayor Selby announced that the Borough would be hosting the Kodiak Island Mayor's
Conference on Friday, December 3, 2010, at 11 a.m. in the Borough Conference Room.
The Mayor, members of the Assembly, and Planning and Zoning Commissioners would attend
the Code Revision Meeting scheduled on Wednesday, December 8, 2010, at 6:30 p.m. in the
Borough Conference Room.
The next Assembly work session would be held on Thursday, December 9, 2010, at 7:30 p.m. in
the Borough Conference Room. The regular meeting scheduled on Thursday, December 16,
2010, was canceled.
The next Assembly work session was scheduled on Thursday, December 30, 2010, at 7:30 p.m.
in the Borough Conference Room. The next regular meeting was scheduled on Thursday,
January 6, 2011, at 7:30 p.m. in the Borough Assembly Chambers.
Kodiak Island Borough Assembly Minutes
December 2, 2010 Page 866
ADJOURNMENT
JEFFREY moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Austerman, Fulp, Jeffrey,
and Kaplan.
The meeting adjourned at 9:50 p.m.
KODIAK ISLAND BOROUGH
ATTEST: Jer me M. Selby,
11
Nova M. C; Borough Clerk Approved: Oddp(o l ;ni
Kodiak Island Borough Assembly Minutes
December 2, 2010 Page 867