02/19/2015 Regular Meeting KODIAK ISLAND BOROUGH
Assembly Regular Meeting
February 19, 2015
A regular meeting of the Kodiak Island Borough Assembly was held on February 19, 2015, 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 Michael Bates 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, Dan Rohrer, and Rebecca Skinner. Also present were
Borough Manager Bud Cassidy, Borough Assessor Bill Roberts, Community Development
Director Bob Pederson, Engineering and Facilities Director Bob Tucker, Finance Director Karl
Short, Borough Clerk Nova Javier, and Deputy Clerk Jessica Kilborn.
APPROVAL OF AGENDA AND CONSENT AGENDA
LEDOUX moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
Regular Meeting Minutes of January 8 and January 22, 2015 and Special Meeting Minutes of
January 29, 2015, were approved under the consent agenda.
AWARDS AND PRESENTATIONS
Manager Cassidy presented the Employee of the Year Award for 2014 to Dave Conrad,
Construction Inspection/Engineer in the Engineering/Facilities Department.
Mayor Friend proclaimed the month of February 2015 as National Teen Dating Violence
Awareness and Prevention Month.
Kodiak Seafood and Marine Science Center Seafood Marketing Specialist Quentin Fong
provided a presentation to the Assembly on the purpose, services, and contributions of the
facility to the Kodiak Community.
Finance Director Short provided a Finance Department update to the Assembly.
Finance Director Short presented the Comprehensive Annual Financial Report (CAFR) to the
Assembly for review.
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February 19, 2015 Page 1459
CITIZENS' COMMENTS
Neil Cooper spoke on the code revision project and spoke to the need for public trust of elected
officials.
Kyle Crow spoke on the budget report presented and spoke on concerns regarding economic
effects to the community. He also spoke in opposition of Resolution No. FY2015-17.
Judi Kidder expressed concerns with the budget report.
Lenny Roberson thanked the Assembly members for listening to the concerns of the community
and urged the Assembly to continue to represent the community.
Betty MacTavish spoke in support of Senate Bill No. 1 and Resolution No. FY2015-17, both
regarding smoke-free workplaces.
COMMITTEE REPORTS
None.
PUBLIC HEARING
None.
BOROUGH MANAGER'S REPORT
Manager Cassidy reported on the following items:
• Staff was busy compiling the packets for the meetings with the Legislature and Lobbyist
in Juneau, February 24-26. The issue of the replacement vessel for the Tustumena
would be included.
• Staff was compiling the departmental budgets for fiscal year 2016.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Friend congratulated Dave Conrad for receiving the Employee of the Year award. He
briefly addressed rumors regarding the code revision project.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
None.
Resolutions
1. Resolution No. FY2015-17 Supporting a Law in Alaska to Make All Workplaces 100%
Smoke Free to Protect the Health and Safety of All Workers and Visitors From the Dangers
of Secondhand Smoke.
GRIFFIN moved to adopt Resolution No. FY2015-17.
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February 19, 2015 Page 1460
Betty MacTavish requested the resolution. Assembly member Griffin was the sponsor of the
resolution which supported a law in Alaska to make all workplaces 100% smoke free in order to
protect the health and safety of all workers and visitors from the dangers of secondhand smoke.
Backup information was provided in the packet regarding Senate Bill No. 1 "An Act Prohibiting
Smoking in Certain places; Relating to Education on the Smoking Prohibition; and Providing for
an Effective date." The requestors urged the Assembly to adopt the resolution to support the
lobbying efforts supporting Senate Bill No. 1.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Griffin, LeDoux,
Lynch, Peterson, Rohrer, and Skinner.
2. Resolution No. FY2015-18 Adopting an Alternative Allocation Method for the FY15 Shared
Fisheries Business Tax Program and Certifying That This Allocation Method Fairly
Represents the Distribution of Significant Effects of Fisheries Business Activity in FMA 13:
Kodiak Island.
LEDOUX moved to adopt Resolution No. FY2015-18.
The resolution would allow the Borough to submit its application for the FY15 Shared Fisheries
Business Tax Program using an alternative method. The resolution, indicating approval of the
application, was a required portion of the application.
This year, the different cities in the Borough had been working to develop a simpler method to
allocate the FY2015 Shared Fisheries Business Tax Program. In FY2014, $141,182 was divided
up among the various cities and the Borough. In FY2015, the total allocation would be $94,680.
To prepare the standard "long" form would take considerable staff time of all of the cities and the
Borough. For FY2015, staff proposed that the FY2015 Shared Fisheries allocation be based on
the population of each of the cities and the Borough's would be the total population of the
Borough, less the population of each of the cities.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Lynch, Peterson,
Rohrer, Skinner, and Austerman.
3. Resolution No. FY2015-19 Adopting a Federal Capital Improvement Program and
Identifying Federal Program Priorities for Federal Fiscal Year 2016.
LYNCH moved to adopt Resolution No. FY2015-19.
The resolution designated the Borough's federal legislative funding priorities for federal fiscal
year 2016. The Borough would forward the list to its congressional delegation in hopes of
having the federal government provide part or all of the funding needed to complete the projects
and support the programs that were identified as priorities in the community.
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February 19, 2015 Page 1461
ROLL CALL.VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Lynch, Peterson, Rohrer,
Skinner, Austerman, and Griffin.
Ordinances for Introduction -
None.
Other Items
1. Confirmation of the Mayoral Appointment to the Parks and Recreation Committee (Marnie
Leist). This item was approved under the consent agenda.
There were four at-large vacant seats on the Parks and Recreation Committee; one seat would
expire December 31, 2016 and three seats would expire December 31, 2017. On January 26,
the Clerk's Office received an application from Ms. Marnie Leist indicating her desire to be
appointed to one of the vacant seats on the board.
The Assembly confirmed the Mayoral appointment of Ms. Leist to the Parks and Recreation
Committee for a term to expire December 31, 2017.
CITIZENS' COMMENTS
Neil Cooper urged the Assembly to make a public declaration regarding the direction of the
code revision project.
Judi Kidder spoke to the Safe Route to Schools Program and urged the Assembly to consider
possible funding for the program.
Betty MacTavish thanked the Assembly for its support on Resolution No. FY2015-17.
Kyle Crow spoke to the concerns on the code revision project and the position of the Assembly
on the project. He offered his services to assist with the needs of the code revision project.
EXECUTIVE SESSION
1. Attorney Client Privilege Communications to Discuss Litigation, and Trial Strategy and
Tactics: Wren's Appeal from Board of Adjustment, Markham's Appeals from Board of
Equalization, Red Hook Settlement, and Stephens vs. Brooking/Selby Litigation.
ROHRER moved to convene into executive session to discuss litigation, and trial strategy and
tactics regarding Wren's Appeal from Board of Adjustment, Markham's Appeals from Board of
Equalization, Red Hook Settlement (Contract Dispute), and Stephens vs. Brooking/Selby
Litigation (APOC Complaint).
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, Skinner,
Austerman, Griffin, and LeDoux.
ROHRER moved to invite the Borough Assembly, Borough Manager, Borough Attorney via
teleconference, and Clerk's Office Staff into executive session. Assessor Roberts was invited to
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February 19, 2015 Page 1462
participate during discussion on the Markham appeal. CDD Director Pederson was invited to
participate during discussion on the Wren appeal.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner,
Austerman, Griffin, LeDoux, and Lynch.
After the vote, Mayor Friend recessed the regular meeting at 9:21 p.m. and convened the
executive session.
Upon returning from the executive session, Mayor Friend reconvened the regular meeting at
11:15 p.m. and announced no action was to be taken as a result of the executive session;
however, direction was given to the Borough Attorney regarding the Stephens vs.
Brooking/Selby litigation (APOC complaint).
ASSEMBLY MEMBERS' COMMENTS
Assembly members Austerman, Lynch, and Peterson congratulated Employee of the Year
award recipient Dave Conrad.
Assembly members Austerman, Lynch, Peterson, Rohrer, and Skinner thanked Mr. Quentin
Fong for the presentation on the Kodiak Seafood and Marine Science Center.
.... Assembly members LeDoux and Skinner thanked Finance Director Short for his presentations.
Assembly members Peterson, Rohrer, and Skinner invited the public to attend the joint work
session with the Planning and Zoning Commission scheduled on Thursday, March 12 at 7:30
p.m., to alleviate rumors regarding the Code Revision Project. Assembly member Peterson
expressed the intention was to work with the current code to benefit the Kodiak community.
Assembly member Skinner, as the Kodiak Island Borough School District Budget Review
Committee representative, reported on the School District's budget review session on February
14 and noted the next step was to produce a draft budget for the Assembly's review.
Announcements
The Mayor, Members of the Assembly, and Borough staff would be traveling Wednesday,
February 24 through Friday, February 27, for lobbying purposes in Juneau.
The next Assembly work session would be held on Thursday, February 26 at 7:30 p.m. in the
Borough Conference Room. The next regular meeting was scheduled on Thursday, March 5 at
7:30 p.m. in the Borough Assembly Chambers.
The Mayor and Members of the Assembly would be traveling Tuesday, March 4 through Friday,
March 6, to attend the Southwest Alaska Municipal Conference Annual Meetings in Anchorage.
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February 19, 2015 Page 1463
ADJOURNMENT
ROHRER moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Austerman,
Griffin, LeDoux, Lynch, and Peterson.
The meeting was adjourned at 11:25 p.m.
KODI CK ISTI OUGI-�N,,
A T: i rrol Frieri yor
No a M. Ja4ir, MMC, Boro ih Clerk Approved on: April 2, 2015
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February 19, 2015 Page 1464