01/07/2016 Regular Meeting KODIAK ISLAND BOROUGH
Assembly Regular Meeting
January 7, 2016
A regular meeting of the Kodiak Island Borough Assembly was held on January 7, 2016, 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 Assembly member Dan Rohrer. Mayor Friend led the Pledge of
Allegiance.
Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank
Peterson, Dan Rohrer, Rebecca Skinner, Mel Stephens, and Dennis Symmons. Also present
were Borough Manager Bud Cassidy, Borough Clerk Nova Javier, and Deputy Clerk Angela
MacKenzie.
APPROVAL OF AGENDA
PETERSON moved to approve the agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
None.
AWARDS AND PRESENTATIONS
Mayor Friend proclaimed the month of January 2016 as National Stalking Awareness Month
and applauded the efforts of the many victim service providers, police officers, prosecutors,
national and community organizations, and private sector supporters for their efforts in
promoting awareness about stalking.
CITIZENS' COMMENTS
Neal Cooper spoke in favor of people's rights and spoke against marijuana. He shared an
example of what was happening in Oregon due to marijuana and in relation to the effects to
come to our community.
Brent Watkins spoke about citizens' comments being missed and thanked Mayor Friend for
reaching out to him on the matter.
Alexus Kwachka spoke about the importance of transparency and commended staff for their
hard work.
Jeff Stewart spoke on the advertising efforts for the borough manager position and questioned
the credentials required.
COMMITTEE REPORTS
Fire Protection Area No. 1 Board Chairman Scott Arndt introduced the new Fire Chief Mr.
Howard Rue III and gave a brief update to the projects they were working on.
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Mayor Friend provided a brief update on the Local Emergency Planning Committee meeting he
attended Tuesday, January 5 and encouraged attendance to future meetings.
PUBLIC HEARING
A. State of Alaska Alcoholic Beverage Control Board for a Liquor License Transfer of
Ownership and dba Name Change Permit for Wayne L. Sargent dba Kalsin Bay Inn to
Wayne T. Sargent dba KBI Spirits#622.
SKINNER moved to voice non-protest to the State of Alaska Alcohol Beverage Control Board
for a Liquor License Transfer of Ownership, Location Change, and DBA Name Change permit
Wayne L. Sargent dba Kalsin Bay Inn to Wayne T. Sargent dba KBI Spirits#622.
The application was for a liquor license transfer of ownership and dba name change permit for
Wayne L. Sargent dba Kalsin Bay Inn to Wayne T. Sargent dba KBI Spirits#622.
The Clerk's office followed the procedure in KIBC 5.01.030 New license and transfer procedure.
The Clerk's Office mailed out 14 public hearing notices on Tuesday, December 15, 2015. One
response had been received by Jamie Brooks, Chief, Central Region Aviation Leasing, State of
Alaska, Department of Transportation and Public Facilities.
CROW moved to postpone to the regular meeting on January 21, 2016.
Concerns were raised regarding outreach to the outlying villages and missing the 60-day
comment period.
ROLL CALL VOTE ON MOTION TO POSTPONE FAILED UNANIMOUSLY: Crow, LeDoux,
Peterson, Rohrer, Skinner, Stephens, and Symmons.
Mayor Friend opened the public hearing.
Brent Watkins reported seeing multiple advertisements in the Kodiak Daily Mirror.
Mayor Friend closed the public hearing.
CROW moved to postpone to a special meeting on January 14, 2016.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FIVE TO TWO: LeDoux, Rohrer,
Stephens, Symmons, and Crow (Ayes); Peterson and Skinner(Noes).
B. State of Alaska Alcoholic Beverage Control Board for a Liquor License Transfer of
Ownership and dba Name Change Permit for Island Grocers, LLC dba A.C.
Express/Bells Flats to The NorthWest Company dba Island Grocers#1796.
ROHRER moved to voice non-protest to the State of Alaska Alcohol Beverage Control Board for
a Liquor License Transfer of Ownership and DBA Name Change permit for Island Grocers, LLC
dba A.C. Express/Bells Fiats to The NorthWest Company dba Island Grocers#1796.
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January 7, 2016 Page 1616
The application was for a liquor license transfer of ownership and dba name change permit for
Island Grocers, LLC dba A.C. Express/Bells Flats to The NorthWest Company dba Island
Grocers #1796 .
The Clerk's office followed the procedure in KIBC 5.01.030 New license and transfer procedure.
The Clerk's Office mailed out 45 public hearing notices on Tuesday, December 15, 2015. Two
responses had been received; one from the applicant and one from the Alcohol Beverage
Control Board rescinding the application.
ROHRER moved to postpone indefinitely.
Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the
public hearing.
ROLL CALL VOTE ON MOTION TO POSTPONE INDEFINITELY CARRIED UNANIMOUSLY:
Peterson, Rohrer, Skinner, Stephens, Symmons, Crow, and LeDoux.
C. Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan by Changing the
Future Land Use Designation of Lot 1, Sawmill Subdivision from Open
Space/Recreation to Industrial/Light Industrial (P&Z Case No. 16-003).
SKINNER moved to adopt Ordinance No. FY2016-10.
The request was to amend the 2008 Comprehensive Plan Future Land Use Designation of the
site from Open Space/Recreation to Industrial/Light Industrial. A comprehensive Plan
amendment was a necessary prerequisite to rezone the subject lot from C-Conservation to I-
Industrial. If the Future Land Use designation was changed to Industrial/Light Industrial, the
subsequent rezone request would be consistent with the adopted Comprehensive Plan.
Should the Comprehensive Plan be amended and a subsequent rezone approved, the owners
could then seek permits to establish any permitted or conditional use allowed by the new
zoning.
The Planning and Zoning Commission held a public hearing on the amendment request at their
November 18, 2015 regular meeting. The Commission voted unanimously to recommend that
the Assembly approve the amendment.
The Clerk's Office mailed out five public hearing notices on Friday, December 18, 2015. No
responses had been received.
Mayor Friend opened the public hearing.
Brent Watkins spoke in favor of approving Ordinance No. FY2016-10.
Mayor Friend closed the public hearing.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Stephens,
Symmons, Crow, LeDoux, and Peterson.
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D. Ordinance No. FY2016-11 Amending Title 2 Administration and Finance, Chapter 2.30
Rules of the Assembly, Section 2.30.030 Types of Meetings to Change the
Commencement and Adjournment Times for Assembly Meetings and Work Sessions
and Section 2.30.060 Order of Business and Agenda by Switching the Order of Awards
and Presentations and Citizens' Comments.
SKINNER moved to adopt Ordinance No. FY2016-11.
The purpose of the ordinance was to change the commencement and adjournment times for
Assembly regular meetings and regular work sessions. The ordinance also provided flexibility to
call other meetings and work sessions as the Assembly deemed appropriate as long as
reasonable public notice was given.
Staff checked with KMXT Manager Mike Wall who stated that the meeting time change could be
accommodated and they would continue the broadcasting of Assembly meetings.
The Assembly also requested that Section 2.30.060 Order of Business and Agenda be
amended by switching the order of awards and presentations and citizens' comments.
Mayor Friend opened the public hearing.
Scott Arndt and Judi Kidder spoke in opposition to changing the meeting time and suggested
moving citizens' comments to appear before executive sessions.
Judi Kidder suggested moving Assembly members' comments before executive sessions as
well.
Mayor Friend closed the public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Stephens, Symmons,
Crow, LeDoux, Peterson, and Rohrer.
BOROUGH MANAGER'S REPORT
Manager Cassidy announced there was a joint work session with the City Council scheduled for
Wednesday, January 27, 2016 to receive a presentation from the Alcohol Beverage Control
Board, Director Cynthia Franklin.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Friend reported on the following:
• He and Assembly member Skinner met with Kodiak Island Borough School Board
members Duncan Fields and Bob Foy for preliminary discussion on budget meetings
• Invited community to participate in the strategic planning special work session
scheduled for Saturday, January 16, 2016 in the borough assembly chambers
• Received a sponsorship request for the State of the Alaska State Budget community
presentation
UNFINISHED BUSINESS
1. Ordinance No. FY2016-07 Amending Kodiak Island Borough Code Chapter 17.25
Definitions, Chapter 17.165 Recreational Vehicle Parks, and Related Chapters in Title
17 Zoning to Revise and Update the Standards for Recreational Vehicle Parks in the
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January 7, 2016 Page 1618
Borough and to Specifically List Recreational Vehicle Parks as a Conditional or
Prohibited Land Use.
The motion on the floor was: Move to adopt Ordinance No. FY2016-07.
CROW moved to adopt Ordinance No. FY2016-07 by substitution.
There was a growing awareness of the need for additional affordable and workforce housing
options in Kodiak. The use of recreational vehicles as temporary housing may be one part of a
regulatory solution to address the multi-faceted issue. Some of the existing regulatory
requirements for recreational vehicle parks had been noted as a disincentive for establishing
new recreational vehicle parks or expanding existing parks. The amendments addressed the
issue by reducing or eliminating some of the zoning requirements for recreational vehicle park
development.
The Planning and Zoning Commission held work sessions and/or special meetings to review the
proposed amendments on August 12, September 2, September 9, October 7, October 14, and
November 10, 2015. The Commission held public hearings on the amendments at their
September 16, 2015 and November 18, 2015 regular meetings. Following the November 18,
2015 public hearing, the Commission voted unanimously to recommend that the Borough
Assembly approve the ordinance amending Chapters 17.25 KIBC, 17.165 KIBC, and related
Chapters of Title 17, Zoning to revise and update the standards for recreational vehicle parks in
the Borough.
The Assembly postponed Ordinance No. FY2016-07 on December 17, 2015 to the January 7,
2016 regular meeting. The Assembly requested that they be provided a copy of the Attorney's
review.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED FIVE TO TWO: Crow, LeDoux,
Peterson, Rohrer, and Skinner(Ayes); Stephens and Symmons (Noes).
ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FIVE TO TWO: Crow,
LeDoux, Peterson, Rohrer, and Skinner(Ayes); Symmons and Stephens (Noes).
NEW BUSINESS
Contracts
None.
Resolutions
1. Resolution No. FY2016-22 Adopting an Alternative Allocation Method for the FY2016
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.
ROHRER moved to adopt Resolution FY2016-22.
The State of Alaska, Department of Commerce, Community and Economic Development's
Shared Fisheries Business Tax program was created in 1990 to help municipalities impacted by
the effects of the rapidly expanding offshore-fish processing industry by collecting a tax from fish
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January 7, 2016 Page 1619
processors and sharing the collected taxes with affected municipalities. Applications must be
submitted annually by municipalities to receive an allocation from the program.
The resolution would allow the Kodiak Island Borough to submit its application for the FY2016 �
Shared Fisheries Business Tax Program using an alternative method. The resolution indicating
approval of the application was a required portion of the application.
The FY2016 Shared Fisheries Business Tax allocation would be based on the population of
each of the cities within the borough, and the Borough's allocation would be based on the total
population of the Borough less the population of each of the cities.
Last year Kodiak Island Borough received $60,771.55 as their share. The total allocation to The
Kodiak Area FMA for FY2015 was $193,352. For FY2016 Kodiak Island Borough was slated to
receive $80,882.25 and the total allocation to the Kodiak Area FMA for FY2016 was
$255,742.52.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. Crow, LeDoux, Peterson, Rohrer,
Skinner, Stephens, and Symmons.
2. Resolution No. FY2016-23 Of The Kodiak Island Borough Assembly Authorizing The
Borough To Issue General Obligation School Bonds In The Principal Amount Not To
Exceed $1,815,000 To Provide Funds For School And Related Capital Improvements In
The Borough And To Pay Costs Of Issuing The Bonds, Fixing Certain Details Of Such
Bonds, Authorizing Their Sale, And Providing For Related Matters.
CROW moved to adopt Resolution No. FY2016-23.
On October 6, 2009, the Kodiak Island Borough voters approved the sale of $76,310,000 in
general obligation bonds for the expansion and renovation of the Kodiak High School facility.
Resolution No. FY2016-23 approved the sale and sets certain details of the bonds. This would
be the fifth sale of bonds related to the project, the previous four sales added up to $65,000,000
and there was $11,310,000 remaining unissued currently.
The bond issue was reimbursable by the State of Alaska at 70%.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer,
Skinner, Stephens, Symmons, and Crow.
3. Resolution No. FY2016-24 Urging The Governor of the State of Alaska to Appoint a
Kodiak Representative to the North Pacific Fishery Management Council
LEDOUX moved to adopt Resolution No. FY2016-24.
The resolution was prepared at the request of Assembly member Skinner. The purpose of the
resolution was to urge Governor Walker to appoint a Kodiak representative to the North Pacific
Fishery Management Council (NPFMC).
The Assembly had adopted such a resolution in 2001, Resolution 2001-09 was adopted
recommending KIB resident Kevin O'Leary to the NPFMC.
Kodiak Island Borough Assembly Regular Meeting Minutes
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ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner,
Stephens, Symmons, Crow, and LeDoux.
Ordinances for Introduction
None.
Other Items
1, Declaring a Seat on the Solid Waste Advisory Board Vacant (Ms. Tia Leber).
PETERSON moved to accept, with regret, the resignation of Ms. Tia Leber from the Solid Waste
Advisory Board and direct the Borough Clerk to advertise the vacancy per Borough code.
Ms. Tia Leber had served on the Solid Waste Advisory Board (SWAB) since August of 2015.
Ms. Leber announced that her family was moving out of Kodiak at the last SWAB meeting.
Notice was also stated in a previous text to the Clerk's Office staff.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Stephens,
Symmons, Crow„ LeDoux, and Peterson.
Z Confirmation of Mayoral Appointment to the Solid Waste Advisory Board (Mr. Jeff
Stewart),
PETERSON moved to confirm the mayoral appointment of Mr. Jeff Stewart to the Solid Waste
Advisory Board for a term to expire December 2016.
There were currently two vacancies on the Solid Waste Advisory Board for terms to expire
December 2016. An application was received from Mr. Jeff Stewart on December 14, 2015.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Stephens, Symmons,
Crow, LeDoux, Peterson, and Rohrer.
3. Confirmation of Mayoral Appointments to the Parks and Recreation Committee (Mr.
Patrick Saltonstall, Mr. Helm Johnson, and Mr. Ben Millstein).
ROHRER moved to confirm the Mayoral appointments to the Parks and Recreation Committee
as follows:
• Mr. Helm Johnson for a term to expire December 2018
• Mr. Patrick Saltonstall for a term to expire December 2018
• Mr. Ben Millstein for a term to expire December 2017
There were currently five vacancies on the Parks and Recreation Committee and the Borough
Clerk's Office had received applications from the following incumbents Mr. Helm Johnson on
December 1 and Mr. Patrick Saltonstall on December 18; and an application for a vacancy from
Mr. Ben Millstein on November 13, 2015,
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Symmons, Crow,
LeDoux, Peterson, Rohrer, and Skinner.
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January 7, 2016 Page 1621
ROHRER moved to suspend the rules to move agenda items 15 and 16 to position 14 and 15.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux,
Peterson, Rohrer, Skinner, and Stephens.
CITIZENS' COMMENTS
Judi Kidder spoke about public process and following the Borough Code.
Scott Arndt provided clarification and background to Ordinance No. FY2016-07.
Neal Cooper expressed appreciation for the efforts Assembly member LeDoux had made on
engineering requirements.
Brent Watkins spoke about the engineering requirement being unregulated and against State
Statutes. He also spoke about land he had purchased, the illegal utilities ran on his lot, and that
he was seeking reimbursement from the City of Kodiak and was not sure if it would come to the
Borough as well.
ASSEMBLY MEMBERS' COMMENTS
Assembly member LeDoux spoke about the importance of getting the word out to our rural
citizens. He spoke appreciatively on the joint meeting with the City Council and the UA
President and his staff.
Assembly member Symmons expressed gratitude to Assembly member LeDoux for leading by
example. He expressed appreciation to the public who come forward and encouraged the public
to participate.
Assembly member Skinner welcomed new fire chief and assistant clerk. She expressed interest
in receiving the budget updates before the strategic planning special work session meeting.
Assembly member Rohrer spoke on reevaluating the process of public notices. He clarified an
earlier statement and stated his responsibility to uphold state statute and borough code.
Assembly member Stephens agreed with Assembly member Skinner's request to get the
budget questions answered before the strategic planning special work session and agreed with
Assembly member Rohrer in regards to upholding codes and statutes. He also spoke to the
predicament facing the JMHP residents.
Assembly member Peterson was happy Ordinance No. FY2016-07 was adopted. He expressed
caution on not micromanaging borough staff.
Assembly member Crow expressed gratitude toward the participating public. He welcomed Fire
Chief Rue III and Assistant Clerk Laurie. He expressed desire for a community forum. Assembly
member Crow attended the LEPC meeting and spoke to his review of the local emergency
planning.
Announcements
Mayor Friend announced the next Assembly work session would be held on Thursday, January
14 at 6:30 p.m. in the Borough Conference Room; a strategic planning meeting would be held
on Saturday, January 16 at 8:30 a.m. in the Borough Assembly Chambers ;a special work
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January 7, 2016 Page 1622
session followed by a special meeting would be held on Tuesday, January 19 at 6:30 p.m. in the
Borough Conference Room; and the next Assembly regular meeting would be held on
Thursday, January 21 at 6:30 p.m. in the Borough Assembly Chambers.
EXECUTIVE SESSION
1. Strategies in Negotiating the Hospital Lease.
ROHRER moved to convene into executive session.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer,
Skinner„ Stephens, and Symmons.
ROHRER moved to invite the Borough Mayor, Assembly, Manager, and Clerk's Office Staff into
executive session.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer,
Skinner, Stephens, Symmons, and Crow.
After the vote, Mayor Friend recessed the regular meeting at 10:07 p.m. and convened the
executive session.
Upon returning from the executive- session, Mayor Friend reconvened the regular meeting at
10:50 p.m. and announced that Assembly members Dan Rohrer„ Rebecca Skinner, and Mel
Stephens would join Staff as a part of the Hospital Lease Negotiating Team.
,..
ADJOURNMENT
ROHRER moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner,
Stephens, Symmons, Crow, and LeDoux.
The meeting was adjourned at 10:50 p.m.
KODIAK ISLAND BOROUGH
ATTEST: J rol Friend, yor
Y - C
va M. Javier, MMC, Bora Clerk Approved on: February 4, 2016
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