06/18/2015 Regular Meeting KODIAK ISLAND BOROUGH
Assembly Regular Meeting
June 18, 2015
A regular meeting of the Kodiak Island Borough Assembly was held on June 18, 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.
Mayor Friend led the Pledge of Allegiance.
Present were Mayor Jerrol Friend, Assembly members Carol Austerman, Larry LeDoux, Chris
Lynch, Frank Peterson, and Rebecca Skinner. Also present were Borough Manager Bud
Cassidy, Borough Clerk Nova Javier, and Deputy Clerk Jessica Kilborn.
PETERSON moved to excuse Assembly members Aaron Griffin and Dan Rohrer who were
absent due to personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
LYNCH moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED.
APPROVAL OF MINUTES
Regular Meeting Minutes of May 7 and May 21, 2015, were approved under the consent
agenda.
AWARDS AND PRESENTATIONS
Engineering and Facilities Director Bob Tucker gave an update to the Assembly on the
department.
CITIZENS' COMMENTS
Kyle Crow spoke in support of Resolution No. FY2015-23. He urged the Assembly to give
serious consideration to the hiring of the new Resource Management Officer at the
recommended salary rate.
N°
Neal Cooper spoke on a recent visit to Fairbanks where he visited the local transfer station and
expressed encouragement for a similar transfer station in Kodiak.
Pamela Bumstead and Coral Chernoff spoke in opposition to Resolution No. FY2015-23.
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June 18, 2015 Page 1517
Mel Stephens spoke to the remaining money from the Community Pool project. He spoke
against Item 13.D.1 Hiring of a Resource Management Officer at the recommended salary rate.
COMMITTEE REPORTS
Assembly member LeDoux spoke to the Providence Kodiak Medical Community Advisory Board
meeting held during the month of June. Providence was very interested in the new contract with
the Borough and its newly hired CEO.
PUBLIC HEARING
1. Ordinance No. FY2015-03 Rezoning Lot 2, Block 3, Lakeside Subdivision From (-
Industrial Zoning District To LI-Light Industrial Zoning District (P&Z Case No. 14-018,
Pearman).
LEDOUX moved to adopt Ordinance No. FY2015-03.
The rezone case was introduced to the Assembly at the September 4, 2014 regular meeting at
which time it was postponed indefinitely. As per the request received by Mr. Pearman on May
19, 2015, the item is being reintroduced to the Assembly.
The rezone request was initiated by the applicant to reduce setback constraints and improve the
utility of development of the parcel. The rezone to Light Industrial would also restrict the parcel
to less intensive uses that were more compatible with the nearby residentially zoned properties.
The Planning and Zoning Commission held a public hearing on June 18, 2014, and found the
request was consistent with the goals and objectives of the 2008 KIB Comprehensive Plan. The
Commission voted unanimously to recommend the Assembly approve this rezone request.
37 public hearing notices were mailed on Friday, June 5; no responses were received.
On June 17, 2015, Mr. Pearman submitted a letter requesting the rezone be canceled and
Ordinance No. FY2015-03 be postponed indefinitely.
Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the
public hearing.
PETERSON moved to postpone indefinitely Ordinance No. FY2015-03.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Austerman,
LeDoux, Lynch, Peterson, and Skinner.
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June 18, 2015 Page 1518
BOROUGH MANAGER'S REPORT
Manager Cassidy reported on the following:
• A change order for the wastewater treatment plant to allow an extension date of October
30, 2015 to complete the project. An agreement would be prepared to outline sections of
the contract that would be affected by the delay. The Contractor was aware and agreed
on the fees associated with the delay, which he would be responsible for.
• Seb O'Keliy, with Federal Lobbyist Brad Gilman's office, would be in Kodiak in August or
September 2015 and would be willing to meet with Assembly regarding federal issues.
• Out of office June 26-July 6, Assessor Roberts would serve as the Administrative
Official.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Friend urged everyone to enjoy the good weather Kodiak was having.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
None.
Resolutions
1. Resolution No. FY2015-23 Supporting the Subsistence Access Management Act of 2015.
LYNCH moved to adopt Resolution No. FY2015-23.
Senator Lisa Murkowski announced the introduction of the Subsistence Access Management
(SACSMAN) Act to undo the federal government's decision that determined the Alaska Native
village of Saxman (population: 410) was 'urban' under their guidelines, a judgment deemed
"arbitrary and capricious" by the Organized Village of Saxman, since it barred residents from
legal subsistence practices on federal lands and waters.
When ANILCA was crafted, it allowed 'rural' residents the ability to practice customary and
traditional subsistence activities on federal lands and waters and prohibited 'urban' residents
from those activities. The urban/rural decision-making process was done by the Federal
Subsistence Management Board within the Department of Interior, which in May 2007
controversially deemed the Alaska Native community of Saxman to have become an 'urban'
zone and no longer eligible for subsistence preferences. Kodiak was considered for a potential
shift in status as recently as 2006.
The SACSMAN Act would require Congressional approval for any proposal to re-designate a
community from rural to urban and no change would be official or effective until Congress
formally approved it. The bill also overturned the controversial designation for Saxman, and
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June 18, 2015 Page 1519
provided federal subsistence regulators the authority to transition a community back to rural
subsistence status without any outside involvement.
Due to controversy it was recommended that the resolution be postponed to allow for further
investigation on the outcome of the resolution's intent.
LYNCH moved to postpone Resolution No. FY2015-23 to the next regular meeting of the
Assembly.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: LeDoux, Lynch,
Peterson, Skinner, and Austerman.
2. Resolution No. FY2016-02 Reestablishing the Fees for the Kodiak Island Borough.
LYNCH moved to adopt Resolution No. FY2016-02.
KIBC 3.10.190 Review of service fees ordained that all Kodiak Island Borough fees be reviewed
on an annual basis. The last fee resolution was reviewed and adopted in October 2014. These
fee changes were more in-line with the budgetary needs for the 2016 fiscal year.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Skinner,
Austerman, and LeDoux.
Ordinances for Introduction
None.
Other Items
1. Hiring of a Resource Management Officer.
AUSTERMAN moved to approve the hiring of the selected applicant as the Resource
Management Officer at Range 21.5, Step J of the salary schedule and authorize payment of
actual moving expenses not to exceed the equivalent of one month's salary.
The position of the Resource Management Officer was vacated in late January of this year. The
vacancy was advertised and applications were accepted according to Borough policy. One
applicant had rose to the top; he was interviewed and tentatively selected. The negotiation
process resulted in a starting salary above the Manager's authority for approval, and a request
for moving expenses which was also subject to Assembly approval.
The selected applicant was a former Borough employee with extensive experience related to
land use and public process. Due to the applicant's background and experience the Manager
believed that a starting salary at Range 21.5 Step J was appropriate.
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ROLL CALL VOTE ON MOTION FAILED THREE TO TWO: Peterson, Austerman, and Lynch
(Ayes); Skinner and LeDoux (Noes).
CITIZENS' COMMENTS
Kyle Crow spoke in support of the postponement of Resolution No. FY2015-23 and spoke to
budgetary concerns of hiring the Resource Management Officer at the recommended salary
rate.
ASSEMBLY MEMBERS' COMMENTS
Assembly member Skinner urged Borough staff to put together an informational brochure
targeted to the Jackson Mobile Home Park owners and residents regarding the fees, asbestos
remediation instructions, and disposal of the trailers.
Assembly member Peterson clarified for the public that the motion to hire the Resource
Management Officer at the recommended salary rate had failed. He spoke to concerns
regarding Jackson Mobile Home Park that were brought forth to him and he wanted to ensure
the safety of all concerned was considered. He spoke on the upcoming observance of
Independence Day.
Assembly member Austerman thanked the community for allowing her to represent them for so
many years, thanked the Manager's and Clerk's office for their hard work, and encouraged
others in the community to apply for the impending vacant Assembly seat.
Assembly member LeDoux thanked Engineering and Facilities Director Bob Tucker for the
department update, spoke on the reason for his vote on the hiring of the Resource Management
Officer as a budgetary issue, expressed appreciation for the recommendation on the fees for
Jackson Mobile Home Park trailers disposal, thanked Borough staff for the signs regarding
fireworks and urged the community to be responsible and respectful of neighbors when using
fireworks, and thanked Assembly member Austerman for her years of service.
Assembly member Lynch thanked Assembly member Austerman for her years of service,
encouraged applicants for the Assembly vacancy, and urged the community to be responsible
and respectful of neighbors when using fireworks.
Announcements—Mayor Friend
The next Assembly work session would be held on Thursday, June 25 at 7:30 p.m. in the
Borough Conference Room. The next regular meeting was scheduled on Thursday, July 2 at
7:30 p.m. in the Borough Assembly Chambers.
The Assembly and City Council would meet in a joint work session on Tuesday, June 30 at 7:30
p.m. at the Kodiak City Library.
The Borough Offices would be closed on Friday, July 3 in observance of Independence Day.
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ADJOURNMENT
PETERSON moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Austerman, LeDoux,
Lynch, and Peterson.
The meeting was adjourned at 9:05 p.m.
KODI I ND ROUGH
A EST: J rol Frien ayor
ova M. Javier, MC, Boro h Clerk Approved on: July 2, 2015
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