03/07/2013 Regular Meeting KODIAK ISLAND BOROUGH
Assembly Regular Meeting
March 7, 2013
A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, March 7,
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 Major John Quinn of the Salvation Army. Mayor Selby led the
Pledge of Allegiance.
Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Aaron
Griffin, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present
were Borough Manager Bud Cassidy, Assessor Bill Roberts, Community Development Acting
Director Duane Dvorak, Engineering and Facilities Director Woody Koning, Clerk Nova Javier,
and Assistant Clerk Jessica Kilborn.
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 Meetings of January 17 and February 7, 2013, and Special Meetings of January 31 and
February 21, 2013, were approved under the consent agenda.
AWARDS AND PRESENTATIONS
Manager Cassidy presented the Employee of the Year Award to Jessica Wolfe, Project
Manager in the Engineering and Facilities Department Projects Office.
Mayor Selby presented the Student of the Month Award for February 2013 to Brian Koozaata, a
Junior at Old Harbor School.
Mayor Selby proclaimed the month of March 2013 as "Women's History Month" urging residents
to increase their knowledge and appreciation of the valuable role women play in our lives.
CITIZENS' COMMENTS
Jay Barrett spoke in support of Resolution No. FY2013 -27.
Bill Oliver spoke on the accreditation of the Senior Center of Kodiak.
Sarah Thayer urged the Assembly to support Ordinance No. FY2013 -13.
Toby Sullivan and Wallace Fields spoke in support of the funding for the Kodiak Maritime
Museum.
Kodiak Island Borough Assembly Minutes
March 7, 2013 Page 1175
Jeremy Williamson, A.I. Maintenance, spoke on the company's intent to bid on the road service
area maintenance contracts.
Ken Reinke, Threshold Services Director, spoke on non -profit funding and reported on the
operations of the Threshold Recycling program.
Loma Arndt spoke against Ordinance No. FY2013 -11 (adopted January 17).
COMMITTEE REPORTS
Assembly member Kaplan reported on the Kodiak College Advisory Board meeting held on
Thursday, March 7.
Assembly member Stutes reported on the Southwest Alaska Municipal Conference annual
conference held in Anchorage on February 20 -22, and announced there would be a Kodiak
Fisheries Advisory Council meeting on March 14 at 9 a.m. at the Kodiak College.
Assembly member Lynch reported on the Kodiak Fisheries Work Group meetings held during
February and March 2013. The next meeting would be held on April 8 at 9 a.m. in the Borough
Conference Room.
Assembly member Austerman reported on the Providence Community Advisory Board.
PUBLIC HEARING
A. Ordinance No. FY2013 -09 Amending Kodiak Island Borough Code of Ordinances Title 15
Buildings and Construction Chapter 15.10 Building Codes and Chapter 15.30 Fire Code to
Standardize the Kodiak Island Borough and the City of Kodiak Building Codes.
KAPLAN moved to adopt Ordinance No. FY2013 -09.
The Kodiak Island Borough and the City of Kodiak operated a combined building inspection
program and agreed to coordinate the building codes adopted by each of the local governments
in order to ensure continuity throughout the jurisdiction of the joint program. A joint Borough /City
committee (Joint Building Code Review Committee) met to review the building codes adopted
by the Borough and City, and the Committee recommended that the Borough Assembly and
City Council adopt updated versions of the building and fire codes. In checking with the City of
Kodiak, a similar ordinance was presented for public hearing and was adopted by the City
Council on February 28.
Mayor Selby opened the public hearing.
Laura Kelly and Gary Carver spoke in support of Ordinance No. FY2013 -09.
Mayor Selby closed the public hearing.
ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Austerman, Bonney, Griffin, Kaplan,
Lynch, and Stutes (Ayes); Stephens (No).
Kodiak Island Borough Assembly Minutes
March 7, 2013 Page 1176
BOROUGH MANAGER'S REPORT
Manager Cassidy reported on the following:
• Kodiak High School Addition and Renovation project construction bid opening was held
on Wednesday, March 6; a bid tabulation was provided.
• Organization of the Kodiak Community Legislative Reception and thanked Assembly
member Bonney for his assistance with the seafood needed for the reception.
• Long -Term Care Facility Certificate of Need was received.
• Out of town March 25 -28.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Selby thanked the corporate sponsors for their support with the Kodiak Community
Legislative Reception to be held in Juneau on March 13.
UNFINISHED BUSINESS
A. Ordinance No. FY2013 -13 Rezoning a Portion of Kodiak Island Borough Landfill Tract, Per
Plat 96 -31, From C- Conservation Zoning District To I- Industrial Zoning District (Case 13-
012).
The motion before the Assembly was to adopt Ordinance No. FY2013 -13.
At the regular Assembly meeting of February 7, 2013, the Assembly postponed action on
proposed Ordinance No. FY2013 -13 and directed staff to meet with representatives of the
Monashka Bay Road Service Area to consult on a new reduced boundary for the proposed
landfill rezone to I- Industrial. Two meetings were held, one on February 15 and a follow -up
meeting on February 20. In addition, both the Borough Manager and a GIS Analyst participated
in a hike through the area of the Kodiak Island Borough Landfill Tract located outside the active
landfill area.
The substitute ordinance presented and staff recommendations were developed in consultation
with community representatives. There were three distinct recommendations referenced: 1) to
adopt Ordinance No. FY2013 -13 (by substitution) to rezone a reduced area of the Kodiak Island
Borough Landfill Tract from C- Conservation to I- Industrial; 2) to initiate a new rezone
investigation for the balance of the Kodiak Island Borough Landfill Tract from a combination of
PL- Public Use Land zoning and C- Conservation zoning to NU- Natural Use Land zoning; and 3)
to initiate a review of the landfill greenbelt ordinance (KIB Ordinance No. 98 -06) to run
concurrently with the new rezone investigation.
GRIFFIN moved to amend Ordinance No. FY2013 -13 by substitution and direct staff to initiate a
rezone investigation, in accordance with KIBC 17.205.030.A, for the remainder of Kodiak Island
Borough Landfill Tract and Lot 2, Sawmill Subdivision, as shown in the presented Exhibit 3,
from a combination of PL- Public Use Land zoning and C- Conservation zoning to NU- Natural
Use Land zoning, and to initiate a review of the KIB Ordinance No. 98 -06, the landfill greenbelt
buffer ordinance, to run concurrently with the rezone investigation for the remainder of the
Kodiak Island Borough Landfill Tract as indicated on Exhibit B, in order to determine whether
adjustments or reconfiguration of the greenbelt buffer ordinance are warranted in the context of
proposed parcel boundary and zoning changes.
Kodiak Island Borough Assembly Minutes
March 7, 2013 Page 1177
ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION AND DIRECTION TO STAFF
CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, Stutes, and Austerman.
ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Griffin,
Kaplan, Lynch, Stephens, Stutes, Austerman, and Bonney.
NEW BUSINESS
Contracts
None.
Resolutions
1. Resolution No. FY2013 -25 Designating the Individual Who Will Serve as the Administrative
Official During the Absence of the Kodiak Island Borough Manager.
AUSTERMAN moved to adopt Resolution No. FY2013 -25.
This resolution was to update Resolution No. FY2008 -27. For several years Mr. Cassidy served
as the Administrative Official for the Borough in the absence of the Borough Manager. As Mr.
Cassidy now served as the Borough Manager, the need arose to designate an individual to
serve as the Administrative Official in his absence. Borough Assessor Bill Roberts was chosen
as the qualified individual to serve in the position.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes,
Austerman, Bonney, and Griffin.
2. Resolution No. FY2013 -28 Adopting a Federal Capital Improvement Program and
Identifying Federal Program Priorities for Federal Fiscal Year 2014.
BONNEY moved to adopt Resolution No. FY2013 -28.
The resolution designated the Borough's two federal legislative capital improvement project
priorities for federal fiscal year 2014. These were projects that the Borough forwarded to its
congressional delegation in hopes of having the federal government provide part or all of the
funding needed to complete these projects. The list was refined after discussion with the
Borough's federal lobbyist and the list included the Lobbyist's recommendations. The resolution
also identified federal program priorities for federal fiscal year 2014.
STEPHENS moved to amend Ordinance No. FY2013 -28 by removing Item No. 2 Traffic Safety
Lighting (City of Kodiak to United States Coast Guard Base).
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Lynch, Stephens,
Stutes, Austerman, Bonney, Griffin, and Kaplan.
ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Stephens,
Stutes, Austerman, Bonney, Griffin, Kaplan, and Lynch.
Clerk's Note: The resolution number was corrected from Resolution No. FY2013 -26 to
Resolution No. FY2013 -28.
Kodiak Island Borough Assembly Minutes
March 7, 2013 Page 1178
3. Resolution No. FY2013 -27 Expressing Support for Renaming the State Airport in Kodiak
After Benny Benson in Observance of His Centenary.
KAPLAN moved to adopt Resolution No. FY2013 -27.
The resolution was requested by Mr. Jay Barrett at the Assembly work session of February 14,
2013. The resolution urged the State of Alaska to rename the Kodiak State Airport to Benny
Benson Kodiak State Airport. The Assembly agreed that Mr. Benny Benson accomplished many
significant things throughout his life and renaming the state airport in observance of his
centenary would honor Mr. Benson and his many accomplishments.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Austerman,
Bonney, Griffin, Kaplan, and Lynch.
Ordinances for Introduction
None.
Other Items
1. Funding Request from the Kodiak Maritime Museum.
KAPLAN moved to approve the funding request of $1,500 to the Kodiak Maritime Museum.
The request for funding was discussed at the January 17 work session of the Assembly. This
was a request from Toby Sullivan of the Kodiak Maritime Museum (KMM) for funding in the
amount of $1,500 to create and implement a Harbor Cell Phone Tour in order to promote
tourism in the community. The proposed tour would allow visitors to take a self - guided tour of
the harbor and waterfront using any cellphone. The tour would include text, photos, audio, and
video to explain the history and activities of Kodiak's working waterfront, including the story of
the 1964 earthquake and tsunami, the rise of the King Crab fishery, and information on past and
present landmarks and buildings in the downtown area. KMM was working on project details
with Discover Kodiak.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Stutes, Bonney, Griffin, Kaplan, and
Lynch (Ayes); Austerman and Stephens (Noes).
2. Declaring a Seat on the Parks and Recreation Committee Vacant (Sandra West). This item
was approved under the consent agenda.
On Wednesday, February 13, the Clerk's Office received a notice of resignation from Ms.
Sandra West from the Parks and Recreation Committee, for a term to expire December 31,
2013.
The Assembly accepted, with regret, the resignation of Ms. Sandra West from the Parks and
Recreation Committee for a term to expire December 2013, and directed the Borough Clerk to
advertise the vacancy per Borough Code.
Kodiak Island Borough Assembly Minutes
March 7, 2013 Page 1179
3. Confirmation of the Assembly Appointment to the Womens Bay Service Area Board (Scott
Griffin). This item was approved under the consent agenda.
There was a vacant seat on the Womens Bay Service Area (WBSA) Board. On February 12, the
Clerk's Office received an application from Mr. Scott Griffin for the vacant seat for a term to
expire October 2014. Mr. Griffin's application was forwarded to the WBSA board for
consideration. At its meeting of February 12, the WBSA board considered the application and
consensus of the board was to recommend that the Assembly appoint Mr. Griffin to the vacant
seat.
The Assembly confirmed the appointment of Mr. Scott Griffin to the Womens Bay Service Area
board for a term to expire October 2014.
4. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission (Frank
Peterson). This item was approved under the consent agenda.
There was a vacant Borough seat on the Planning and Zoning Commission. On January 28, the
Clerk's Office received an application from Mr. Frank Peterson, Jr. for the vacant seat term to
expire December 31, 2015.
The Assembly confirmed the Mayoral appointment of Mr. Frank Peterson, Jr. to the Planning
and Zoning Commission Borough seat for term to expire December 2015.
5. Direction to the Finance Director to Prepare the 2012 Roll of Real Properties Subject to
Foreclosure.
AUSTERMAN moved to direct the Finance Director to prepare a roll of real property subject to
foreclosure and make said roll available for public inspection.
Per KIBC 3.35.160 Preparation of the foreclosure fist. When the assembly elects to proceed
under the Alaska Statutes to enforce the lien of taxes against real property, the treasurer shall,
within such time as the assembly directs, make up a roll in duplicate of all real property subject
to foreclosure. The rolls shall show the name of each person appearing on the latest tax roll as
the owner of tax - delinquent property, a description of each property as it appears on the latest
tax roll, the year or years for which the taxes are delinquent, the amount of delinquent taxes for
each year and penalty and interest thereon accruing the day six months after the day of
delinquency of taxes of the latest year. The treasurer shall endorse on the roll a certificate under
his hand and the corporate seal that it is a true and correct roll of the delinquent taxes of the
borough for the years shown. The roll shall be known as the foreclosure list of the borough for
the year in which it is made up, and the original of it 'shall be filed with the clerk and remain open
to inspection by the public.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin,
Kaplan, Lynch, Stephens, and Stutes.
6. Confirmation of the Assembly Appointment to the Board of Equalization (Ed Mahoney). This
item was approved under the consent agenda.
Kodiak Island Borough Assembly Minutes
March 7, 2013 Page 1180
There was one vacant seat on the Board of Equalization for a term to expire December 31,
2015. The Clerk's Office solicited for applicants, contacting real estate agencies for applicants
with local real estate market knowledge and expertise. On February 22, the Clerk's Office
received an application from Mr. Ed Mahoney for the vacant seat.
The Assembly confirmed the appointment of Mr. Ed Mahoney to the Citizens' Board of
Equalization for a term to expire December 2015.
EXECUTIVE SESSION
A. Recent and Pending Litigation Including But Not Limited To: Cutler Case vs. KIB, Wren
Board of Adjustment Appeal to the Superior Court, and APOC Complaint Against an
Assembly Member.
•
Separate executive sessions were held on each item.
CUTLER CASE VS. KIB
BONNEY moved to convene into executive session to discuss recent or pending litigation
regarding Cutler Case vs. KIB which qualifies for executive session as recent litigation to which
the Borough was a party and confidential attorney - client privileged communications.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch,
Stephens, Stutes, and Austerman.
Mayor Selby invited the Borough Assembly, Borough Manager, Borough Attorney, and Clerk's
Office Staff into executive session.
Mayor Selby recessed the regular meeting and convened the executive session at 8:44 p.m.
Upon returning from the executive session, Mayor Selby announced no action was to be taken
as a result of the executive session.
WREN BOARD OF ADJUSTMENT APPEAL TO THE SUPERIOR COURT
GRIFFIN moved to convene into executive session to discuss Wren's Board of Adjustment
Appeal to the Superior Court which qualifies for executive session under pending litigation to
which the Borough is a party and confidential attorney - client privileged communications.
Assembly member Stephens declared a conflict of interest; Mayor Selby acknowledged the
conflict and Assembly member Stephens stepped down from the dais.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stutes,
Austerman, and Bonney.
Mayor Selby invited the Borough Assembly, Borough Manager, Borough Attorney, and Clerk's
Office Staff into executive session.
Kodiak Island Borough Assembly Minutes
March 7, 2013 Page 1181
Upon returning from the executive session, Mayor Selby announced no action was to be taken
as a result of the executive session.
•
STUTES moved to convene into executive session to discuss recent or pending litigation
regarding Yngve vs. KIB which qualifies for executive session as recent litigation to which the
Borough was a party and confidential attorney - client privileged communications.
ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Kaplan, Lynch, Stutes, Austerman,
Bonney, and Griffin (Ayes); Stephens (No).
Mayor Selby invited the Borough Assembly, Borough Manager, Borough Attorney, and Clerk's
Office Staff into executive session.
Upon returning from the executive session, Mayor Selby announced no action was to be taken
as a result of the executive session.
DISCUSSION OF THE APOC COMPLAINT AGAINST AN ASSEMBLY MEMBER
This matter qualified for executive session as a matter which would tend to defame or prejudice
the character or reputation of any person; however, Assembly member Stephens requested
public discussion on the matter. An update on the complaint was provided by the Borough
Attomey. After the Assembly received the update from the Borough Attorney, Mayor Selby
closed discussion on the matter.
STEPHENS moved to appeal the decision of the Chair (to close discussion on the matter).
ROLL CALL VOTE ON THE MOTION FAILED FOUR TO THREE: Lynch, Austerman, Bonney,
and Kaplan (Noes); Stephens, Stutes, and Griffin (Ayes).
Mayor Selby reconvened the regular meeting at 9:13 p.m.
CITIZENS' COMMENTS
None.
ASSEMBLY MEMBER COMMENTS
Assembly members Austerman, Griffin, and Lynch congratulated Employee of the Year award
recipient Jessica Wolfe.
Assembly member Stephens spoke on Agenda Item 14.A Discussion of the APOC Complaint
Against an Assembly Member.
Assembly member Stutes commended Mr. Barrett for initiating Resolution No. FY2013 -27 and
congratulated the local Special Olympics participants.
Assembly member Griffin commended staff on their efforts on the Kodiak High School Addition
and Renovation project.
Assembly member Lynch congratulated the Student of the Month award recipient, and thanked
Mr. Oliver and Mr. Reinke for their comments to the Assembly.
Kodiak Island Borough Assembly Minutes
March 7, 2013 Page 1182
Announcements
The next Assembly work session was rescheduled to Tuesday, March 19 at 7:30 p.m. in the
Borough Conference Room. The next regular meeting was scheduled on Thursday, March 21 at
7:30 p.m. in the Borough Assembly Chambers.
The Mayor and members of the Assembly would be traveling to Juneau to attend the Kodiak
Community Legislative Reception on Wednesday, March 13, 2013.
ADJOURNMENT
KAPLAN moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Austerman,
Bonney, Griffin, Kaplan, and Lynch.
The meeting was adjourned at 9:26 p.m.
KODIAK ISLAND BOROUGH
ATTEST: Jerome M. Selby, Mayor
e ll/On/ Ill
Nova M. Javier, MMC orough Clerk Approved on: March 21, 2013
Kodiak Island Borough Assembly Minutes
March 7, 2013 Page 1183