11/06/2014 Regular Meeting KODIAK ISLAND BOROUGH
Assembly Regular Meeting
November 6, 2014
A regular meeting of the Kodiak Island Borough Assembly was held on November 6, 2014, 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. Mayor
Friend led the Pledge of Allegiance.
Present were Mayor Jerrol Friend, Assembly members Carol Austerman, Aaron Griffin, Larry
LeDoux, Chris Lynch, Frank Peterson Jr., Dan Rohrer, and Rebecca Skinner. Also present
were Borough Manager Bud Cassidy, Clerk Nova Javier, and Assistant Clerk Angela
MacKenzie.
APPROVAL OF AGENDA AND CONSENT AGENDA
PETERSON moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
AWARDS AND PRESENTATIONS
Mayor Friend presented the Student of the Month Award for October 2014 to Summer
Panamarioff, a senior at Ouzinkie School.
CITIZENS' COMMENTS
Kyle Crow voiced concerns on the code revision project being costly and not clear.
Kodiak College Director Alan Fugleberg, Interim Assistant Director Jared Griffin, and Career and
Technical Education Coordinator Lorraine Stewart spoke in support of reestablishing the Kodiak
Workforce Regional Advisory Council under Ordinance FY2015-07.
Scott Arndt spoke on Ordinance No. FY2015-07 and in support of the reestablishment of the
Solid Waste Advisory Board and Architectural Review board.
Audi Kidder spoke in support of the reestablishment of the Solid Waste Advisory Board.
Ken Reinke spoke to the Recycle Haven birthday event held in September and reiterated the
importance of recycling for the community and the special needs citizens of Kodiak.
Kodiak Island Borough Assembly Regular Meeting Minutes
November 5, 2014 Page 1424
COMMITTEE REPORTS
Nick Szabo, Chair of the Solid Waste Advisory Board, spoke of the challenges of making a
quorum as there were currently only four members and he spoke to the need to reestablish the
board.
Assembly member Lynch announced the next Kodiak Fisheries Work Group would be on
Wednesday, November 12, 2014 at 8:30 a.m. in the Borough conference room. She reported
the group was working on the response to the North Pacific Fisheries Management Council's
proposal for bycatch management. They were also working with the City and Borough on a joint
letter in support of the extension of the exemption of the vessel discharge permits.
PUBLIC HEARINGS
A. State of Alaska Alcoholic Beverage Control Board Liquor License Application for the
Transfer of Ownership (Stock) (Licensee/Applicant: Safeway Inc. - Safeway Liquor Store
#1090).
LYNCH moved to voice non-protest to the State of Alaska Alcoholic Beverage Control Board
Liquor License Application for the Transfer of Ownership (Stock) for Safeway Inc.: Package
Store License #2509 DBA Safeway Liquor Store #1090.
The liquor license application was to transfer ownership of stock for Safeway Inc.: Package
Store License #2509 DBA Safeway Liquor Store #1090. Public hearing notices were mailed to
240 landowners; one response was received.
Mayor Friend opened the public hearing.
Mike Murray, Safeway Manager, clarified the transfer was of ownership stock from Safeway to
Albertsons LLC with minimal changes.
Mayor Friend closed the public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Griffin, LeDoux,
Lynch, Peterson, Rohrer, and Skinner.
B. State of Alaska Alcoholic Beverage Control Board Liquor License Application for the
Transfer of Ownership (Stock) (Licensee/Applicant: Safeway Inc. - Safeway Liquor Store
#2522.
GRIFFIN moved to voice non-protest to the State of Alaska Alcoholic Beverage Control Board
Liquor License Application for the Transfer of Ownership (Stock) for Safeway Inc.: Package
Store License #174 DBA Safeway Liquor Store #2522.
Kodiak Island Borough Assembly Regular Meeting Minutes
November 6, 2014 Page 1425
The liquor license application was to transfer ownership of stock for Safeway Inc.: Package
Store License #174 DBA Safeway Liquor Store #2522. Public hearing notices were mailed to
275 landowners; none were received.
Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the
public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Lynch, Peterson,
Rohrer, Skinner, and Austerman.
BOROUGH MANAGER'S REPORT
Manager Cassidy reported on the following:
• Borough Mayor and Manager, and City Mayor and Manager would meet with the
respective Lobbyists about the upcoming Legislative Reception in Juneau.
• Gave an update on the web streaming of the regular meetings on the website.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Friend reported there was 36.6 percent turnout for the November 4 General Election.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Reorganization of the Kodiak Island Borough Assembly
1. Election of the Deputy Presiding Officer.
Mayor Friend opened the nominations.
GRIFFIN moved to nominate Dan Rohrer as Deputy Presiding Officer.
Mayor Friend closed the nominations.
ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: LeDoux, Peterson, Rohrer, Skinner,
Austerman, and Griffin (Ayes); Lynch (No).
Contracts
1. Contract No. FY2015-17 Fire and Rescue Mutual Aid Agreement Between the City of
Kodiak and Fire Protection Area No. 1 (Bayside Fire Station).
ROHRER moved to authorize the manager to execute Contract No. FY2015-17 Fire and
Rescue Mutual Aid Agreement between the City of Kodiak, Kodiak Island Borough, Fire
Protection Area No. 1, and Bayside Volunteer Fire Station.
Kodiak Island Borough Assembly Regular Meeting Minutes
November 6, 2014 Page 1426
The agreement was between the City of Kodiak, Kodiak Island Borough, Fire Protection Area
No. 1, and Bayside Volunteer Fire Station.
The Borough fire protection areas covering the Bayside and Womens Bay Service Areas
maintain fire and rescue mutual aid agreements between the Borough Volunteer Fire Stations
(Bayside and Womens Bay) and the City of Kodiak Fire Department for the mutual protection of
life and property pursuant to Alaska Statutes 18.70.150-160 (relating to the adoption of mutual
fire aid agreements) and Article X, 13 of the Alaska Constitution (authorizing intergovernmental
agreements for cooperative or joint administration of municipal functions or powers). The mutual
aid agreements had expired and required renewal. Past agreements and staff recommendation
was for the Borough-City agreements to be five-year terms each.
The City and the Borough wished to renew the fire and rescue mutual aid agreements in order
to memorialize their current understanding and expectations with regard to the furnishing of
firefighting and emergency services outside the normal and regular service areas of each entity.
The mutual aid agreements provided an outline of expectations that included command and
control, joint procedures, and interoperable communication procedures as established by the
Fire Chiefs of each party.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, Skinner,
Austerman, Griffin, and LeDoux.
2. Contract No. FY2015-18 Fire and Rescue Mutual Aid Agreement Between City of Kodiak
and Womens Bay Service Area (Womens Bay Fire Station).
LYNCH moved to authorize the manager to execute Contract No. FY2015-18 Fire and Rescue
Mutual Aid Agreement between the City of Kodiak, Kodiak Island Borough, and Womens Bay
Service Area (Womens Bay Fire Station).
The agreement was between the City of Kodiak, Kodiak Island Borough, and Womens Bay
Service Area (Womens Bay Volunteer Fire Station).
The Borough fire protection areas covering the Bayside and Womens Bay Service Areas
maintain fire and rescue mutual aid agreements between the Borough Volunteer Fire Stations
(Bayside and Womens Bay) and the City of Kodiak Fire Department for the mutual protection of
life and property pursuant to Alaska Statutes 18.70.150-160 (relating to the adoption of mutual
fire aid agreements) and Article X, 13 of the Alaska Constitution (authorizing intergovernmental
agreements for cooperative or joint administration of municipal functions or powers). The mutual
aid agreements had expired and required renewal. Past agreements and staff recommendation
was for the Borough-City agreements to be five-year terms each.
The City and the Borough wished to renew the fire and rescue mutual aid agreements in order
to memorialize their current understanding and expectations with regard to the furnishing of
firefighting and emergency services outside the normal and regular service areas of each entity.
The mutual aid agreements provided an outline of expectations that included command and „
Kodiak Island Borough Assembly Regular Meeting Minutes
November 6, 2014 Page 1427
control, joint procedures, and interoperable communication procedures as established by the
Fire Chiefs of each party.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner,
Austerman, Griffin, LeDoux, and Lynch.
3. Contract No. FY2004-61 F Kodiak Island Borough Legislative Consultant During the 2015
and the 2016 Legislative Sessions.
AUSTERMAN moved to authorize the manager to execute Contract No. FY2004-61 F with
Hickey & Associates of Juneau, Alaska in an amount not to exceed $45,040 annually for the
period of January 1, 2015 to December 31, 2016.
The agreement was for lobbying services between Kodiak Island Borough and Hickey &
Associates would expire on December 31, 2014. KIBC 3.30.070 (A) stated that competitive bids
were not required for professional contracts.
The contract was for another two year contract, similar to the last contract. At the end of the
year, Mr. Hickey would have worked on behalf of the Borough for fourteen years. The contract
included an increase of $5,000 per year from the last contract, a change from $40,000 annually
to $45,000 annually.
Mr. Hickey had done an excellent job for the Borough working quite well with the Legislature
and various State agencies, including the Governor's office. Mr. Hickey had been supportive of
Borough projects and assisted the Manager and staff, not only with legislation but also with
project hurdles encountered from time to time with State agencies that were administrating
grants or projects.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Austerman,
Griffin, LeDoux, Lynch, and Peterson.
Resolutions
1. Resolution No. FY2015-13 Authorizing the Records Manager to Dispose of Certain Kodiak
Island Borough/Providence Hospital Medical Records. This item was approved under the
consent agenda.
The Kodiak Island Borough Code 2.40.160(B) provided for the Assembly to authorize by
resolution the disposal of the records to be destroyed.
Attached to Resolution No. FY2015-13 was a list that included patient medical records prior to
April 20, 1997 housed and maintained at the Providence Kodiak Island Medical Center per
Lease Agreement 8.5 between Kodiak Island Borough and Sisters of Providence in Washington
dba Providence Health Systems in Alaska dated March 1997. The Deputy Clerk and Providence
Kodiak Island Borough Assembly Regular Meeting Minutes
November 6, 2014 Page 1428
..... ......
Records Management staff worked on identifying the records that were due for destruction
based on the retention schedule requirements followed by Providence and the State of Alaska.
The routine records destruction process was followed which included review by the Borough
Attorney and final authorization by the Borough Assembly. The Attorney found no records on
the list to have unusual legal, administrative, or historical interest.
2. Resolution No. FY2015-14 Supporting the Alaska Line of Duty Death Task Force.
GRIFFIN moved to adopt Resolution No. FY2015-14.
The resolution was requested by Chief Bob Himes. The U.S. Fire Service has had Line of Duty
Death procedures and protocols in place for several years and many agencies and departments
have adopted or expanded the procedures developed by the National Fallen Firefighter
Foundation, however no state had taken up the idea of establishing a Task Force to respond to
a line of duty death.
The Alaska Line of Duty Death Task Force would train First Responders throughout the State of
Alaska to respond and assist communities who had experienced a Line of Duty Death.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Austerman, Griffin,
LeDoux, Lynch, Peterson, and Rohrer.
3. Resolution No. FY2014-32A Amending Resolution No. FY2014-32 to Approve Nan-Profit
Contributions to the Kodiak Teen Court, American Red Crass, and Humane Society of
Kodiak.
LYNCH moved to adopt Resolution No. FY2014-32A.
The resolution was recommended by the Non Profit Funding Subcommittee to approve
contributions to the Kodiak Teen Court, American Red Cross of Alaska, and Humane Society of
Kodiak.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Griffin, LeDoux,
Lynch, Peterson, Rohrer, and Skinner.
Ordinances for Introduction
1. Ordinance No. FY2015-07 Reestablishing Boards, Committees, and Commissions as
Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and
Personnel Chapter 2.100 Boards, Committees, and Commissions.
LYNCH moved to adopt Ordinance No. FY2015-07 in first reading to advance to public hearing
at the next regular meeting of the Assembly.
Kodiak Island Borough Assembly Regular Meeting Minutes
November 6, 2014 Page 1429
Per KIBC 2.100.180, all boards, committees, and commissions established under the chapter,
with the exception of those mandated by state law, terminated by operation of law three years
from the date of passage of the section, unless affirmatively reestablished or continued by the
assembly for a period not to exceed three years. The boards and commissions reflected in the
ordinance would be affirmatively reestablished or continued by the Assembly after a public
hearing was held.
35 Chapter 2.15 Personnel Advisory Board
36 Chapter 2.110 Emergency Services Council
37 Chapter 2.115 Kodiak Economic Development Commission
38 Chapter 2.120 Parks and Recreation Committee
39 Chapter 2.125 Architectural/Engineering Review Board
40 Chapter 2.145 Solid Waste Advisory Board
44--C�tef--2AZQ---- and--O tR`
42 Chapter 2.155 Kodiak Workforce Regional Advisory Council
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Lynch, Peterson,
Rohrer, Skinner, and Austerman.
Other Items
1. Approval of the Kodiak Island Borough Assembly 2015 Meeting Schedule. This item was
approved under the consent agenda.
The Assembly approved the meeting schedule for the upcoming year.
2. Declaring a Seat on the Planning and Zoning Commission Vacant. This item was approved
under the consent agenda.
On Thursday, October 16, Mr. Alan Torres submitted a letter of resignation for his Borough seat
on the Planning and Zoning Commission for a term to expire December 31, 2016. The
Assembly accepted with regret the resignation of Mr. Torres from the Planning and Zoning
Commission and directed the Borough Clerk to advertise the vacancy per Borough Code.
3. Declaring a Seat on the Citizens Board of Equalization Vacant. This item was approved
under the consent agenda.
It was necessary to declare vacant the seat held by Dan Rohrer on the Citizens Board of
Equalization due to his election to the Borough Assembly. Per KIBC 3.20.05 Members. The
board of equalization shall be composed of five persons, not assembly members, appointed by
the assembly. This seat term was also due to expire December 31, 2014. The Assembly
declared the seat vacant and directed the Borough Clerk to advertise the vacancy per Borough
Code.
Kodiak Island Borough Assembly Regular Meeting Minutes
November 6, 2014 Page 1430
.................................................................................. .
4. Mayoral Appointments of Assembly Member Representatives to Boards, Committees,
Commissions, and Councils.
GRIFFIN moved to confirm the mayoral appointments of assembly representatives to Boards,
Committees, Commissions, and Councils.
Mayor Friend asked that the Assembly confirm his appointments of Assembly member
representatives to Boards, Committees, Commissions, and Councils as follows:
Architectural Review Board, KIBC 2.125 Jerrol Friend
Economic Development Committee, KIBC 2.115 Frank Peterson
Emergency Services Council, KIBC 2.110 Jerrol Friend
Kodiak Workforce Regional Advisory Council, KIBC 2.155 Carol Austerman
Joint Building Code Review Committee, KIBC 15.45 Dan Rohrer
Kodiak College Council Frank Peterson
Kodiak Fisheries Work Group (Adhoc) Larry LeDoux, Chris Lynch, and Carol Austerman
Kodiak Fisheries Advisory Committee, Res FY07-38 Rebecca Skinner
Parks and Recreation Committee, KIBC 2.120 Aaron Griffin
Providence Health System Service Area Board, KIBC 8.05 Larry LeDoux
School District Budget Advisory Committee Rebecca Skinner
School District Facilities Review Committee Dan Rohrer
School District Strategic Planning Committee Aaron Griffin
Solid Waste Advisory Board, KIBC 2.145 Dan Rohrer
City of Akhiok Dan Rohrer
Chiniak Community Rebecca Skinner
Karluk (IRA Tribal Council) Frank Peterson
City of Larsen Bay Aaron Griffin
City of Old Harbor Larry LeDoux
City of Ouzinkie Chris Lynch
City of Port Lions Carol Austerman
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Lynch, Peterson, Rohrer,
Skinner, Austerman, and Griffin.
CITIZENS' COMMENTS
Judi Kidder spoke highly of the Facebook page and the information it was pushing out.
Mel Stephens spoke highly of the web streaming though expressed concern about the delay.
ASSEMBLY MEMBERS' COMMENTS
Assembly member Griffin welcomed the new Assembly members.
Assembly member Skinner expressed gratitude to the public for speaking out on the various
boards and committees up for reestablishment.
Kodiak Island Borough Assembly Regular Meeting Minutes
November 6, 2014 Page 1431
Assembly member Peterson expressed gratitude to former Assembly member Stephens for
helping to instill the web streaming. He also welcomed the new Assembly members and
encouraged them to reach out to the respective villages they had been assigned to and
expressed gratitude to all veterans for their service.
Assembly member Rohrer spoke on being appointed to the Solid Waste Advisory Board and
encouraged the community to apply for the open seats on boards.
Assembly members Austerman and Lynch congratulated the student of the month and
welcomed the new Assembly members.
Assembly member LeDoux was honored to be elected to serve on the assembly and spoke to
the Planning and Zoning Commission scheduled special hearings and expressed the need for
simplifying and clarifying the information being changed. He also spoke about the bears and
garbage issues needing to be a collaborative effort. He expressed the interest in regular land
sales.
ADJOURNMENT
GRIFFIN moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Lynch, Peterson, Rohrer, Skinner,
Austerman, Griffin, and LeDoux.
The meeting was adjourned at 8.30 p.m.
KODIAK LAND BOROUGH
ATTEST: ® erro[ Friend, Mayor
t gLl-
a Javier, MMC, Borough Clerk Approved on: December 18, 2014
Kodiak Island Borough Assembly Regular Meeting Minutes
November 6, 2014 Page 1432