09/01/2016 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
September 1, 2016
A regular meeting of the Kodiak Island Borough Assembly was held on September 1, 2016, in
the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The
meeting was called to order at 6:30 p.m.
The invocation was given by Major David Davis of the Salvation Army. Mayor Friend led the
Pledge of Allegiance.
Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Frank Peterson Jr., Dan
Rohrer, Rebecca Skinner, Scott Smiley, and Dennis Symmons. Also present were Borough
Manager Michael Powers, Deputy Clerk Angela MacKenzie, and Assistant Clerk Laurie Pardoe.
PETERSON moved to excuse Assembly member Larry LeDoux who was absent due to
personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
PETERSON moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
Regular meeting minutes of June 2 and July 7, 2016 were approved under the consent agenda.
CITIZENS' COMMENTS
Barry Altenhof commented that the public should be involved in the process of prepping the
Killarney Hills parcels and asked the Assembly to consider the process and proceed carefully.
Dave Townsend provided a letter to distribute to the Assembly. Regarding the building codes,
he said that the Borough should not yield to the City of Kodiak, as it was not fair that City laws
were being forced on everyone.
Jonathan Strong, Kodiak Area Transit System (KATS) representative, urged the Assembly to
reconsider its nonprofit funding.
Judith Strong and Carolyn Pope commented on the benefits they received from using the KATS
service.
Gretchen Saupe commented on KATS being tied to the emergency services program. She
thanked the Assembly for its continued support to the Senior Center. She invited everyone to
attend the upcoming Chamber of Commerce business after hours event.
Jeff Stephan commented on the Baranof Park parcels up for disposal and requested that the
Borough not sell those lots, as they are important to the school and the neighborhood.
Kodiak Island Borough Assembly Regular Meeting Minutes
September 1, 2016 Page 1742
Monique Lewis and Scott Bonney noted the petition that was delivered regarding the roads in
Chiniak. She commented on changing setbacks, safety concerns, and rewriting of the contract.
Stephen Taufen spoke on global accounting and taxation valuations of the timber in Chiniak. He
urged the Assembly to look at the audit chain of timber companies that affect Kodiak.
Cindy Aquino urged the Assembly to reconsider selling the properties on Baranof for safety
issues. The properties could be used for park renovations and upgrades in the future.
Sue Norton also spoke opposition of selling the parcels on Baranof.
AWARDS AND PRESENTATIONS
Craig Campbell, President and Chief Executive Officer of Alaska Aerospace Corporation
presented a brief update to the Assembly.
Mayor Friend proclaimed September 2016 as Childhood Cancer Awareness Month.
COMMITTEE REPORTS
Fire Chief Howard Rue noted that a firefighter was able to assist a passenger on a Ravn flight.
He gave an updated report on a recent fire. He noted that they were able to sell Squad 10 and
were currently looking to buy another piece of equipment.
Assembly member Skinner gave an update regarding the Kodiak Fisheries Work Group
(KFWG). She appreciated Alaska Department of Fish and Game Commissioner Sam Cotton's
attendance to the meeting. She noted the next meeting of the KFWG in which they would be
discussing drafting the community protections to include in their comments.
Assembly member Symmons reported on the current activities of the Kodiak Workforce
Regional Advisory Council (KWRAC) and the forum that it would be putting on was happening
on September 23. He encouraged everyone to participate.
PUBLIC HEARING
1. Ordinance No. FY2017-16 Amending Sections of Kodiak Island Borough Code Title 18
Borough Real Property, Chapter 18.20 Real Property Disposal - In General To Address
Certain Methods and Means of Borough Land Disposal Process.
ROHRER moved to adopt Ordinance No. FY2017-16
The ordinance had been recommended to the assembly by the Borough Lands Committee
(BLC) in order to address certain matters related to borough land disposal and land sales. The
BLC established a subcommittee of its members in order to delve into the various provisions of
KIBC Chapter 18.20 Real Property Disposal - In General. The subcommittee met over the
course of several months to consider all provisions of KIBC 18.20. In the end, the
subcommittee recommended a fairly limited range of recommended amendments. This
recommendation was subsequently reviewed by the full BLC and forwarded on to the assembly
with the committee's recommendation.
Staff sought a legal review of the ordinance, the proposed changes were summarized, and a
version 2 of the ordinance was drafted. Both were attached in the packet. It was recommended
that the Assembly amend the original ordinance by substitution.
Kodiak Island Borough Assembly Regular Meeting Minutes
September 1, 2016 Page 1743
SKINNER moved to postpone Ordinance No. FY2017-16 to the regular meeting of October 20,
2016.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Crow, Peterson,
Rohrer, Skinner, Smiley, and Symmons.
BOROUGH MANAGER'S REPORT
Administrative Official Bill Roberts had nothing to report.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Friend voiced that he would be forwarding information and recommendations to the
Assembly regarding the building codes.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
1. Contract No. FY2016-45A Amending Contract No. FY2016-45 Twin Creeks Fire Salvage
Timber Sale Contract, Between A-1 Timber Consultants, Inc. And The Kodiak Island
Borough, To Provide An Exception To Section 11 Timber Operations, Subsection "C",
Slash Operations.
SKINNER moved to amend Contract No. FY2016-45 (previously adopted on May 5, 2016) Twin
Creeks Fire Salvage Timber Sale Contract Section 11, Timber Operations, Subsection "C"
Slash Operations, between A-1 Timber Consultants, Inc. and the Kodiak Island Borough, by
adopting the contract amendment identified as KIB Contract FY2016-45A.
Private property owners adjoining borough land have been considering the need to remove both
fire damaged and live trees on their respective properties to be salvaged by the borough timber
contractor A-1 Timber. While this constitutes a separate arrangement between the property
owners and A-1, the best way to remove the timber, with the least amount of disruption to other
private property owners, was by bringing the harvested timber out over borough land. This
would require climbing and topping to occur on borough land thereby creating additional slash
piles.
The creation of slash piles within 500 feet of residential properties was not permitted under KIB
Contract No. FY2016-45, Section 11.C. For this reason staff was recommending that an
exception to the standard be allowed by the assembly so that the clearing of neighboring lots
may proceed without undue cost to the property owner or the borough for moving slash beyond
500 feet that was generated from outside the designated borough salvage logging area. It was
expected that the slash generated from this activity would still be located well more than 200
feet away from the salvage logging boundary and much further from actual residential
structures.
Staff recommended that a written request form be required from each property owner
acknowledging that slash from logging activities on their lot may be stacked within 500 feet of
their respective properties. A map depicting the potential lots in question was attached to the
packet.
Kodiak Island Borough Assembly Regular Meeting Minutes
September 1, 2016 Page 3 of 8
SKINNER moved to postpone Contract No. FY2016-45A to the next regular meeting of the
Assembly.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Peterson,
Rohrer, Skinner, Smiley, Symmons, and Crow.
Resolutions
1. Resolutions Accepting The Recommendation Of The Planning And Zoning Commission
By Approving Disposal Of The Following Borough Owned Lands:
• Resolution No. FY2017-05, Lots 2 And 3 (As One Lot), Block 38, East Addition
Subdivision (P&Z Case No. 16-026).
• Resolution No. FY2017-06, A t 1 Acre Portion of Lot 1A-4, U.S. Survey 3465 (P&Z
Case No. 16-029).
• Resolution No. FY2017-07, Lot 7A, Block 2, Monashka Bay Subdivision (P&Z Case
No. 16-023).
• Resolution No. FY2017-08, Lot 5, Block 5, Monashka Bay Subdivision (P&Z Case
No. 16-032).
• Resolution No. FY2017-09, A t 20,000 Square Foot Portion Of Lot 29, U.S. Survey
3099 (P&Z Case No. 16-035).
SKINNER moved to approve Resolution No(s). FY2017-05 through FY2017-09.
For efficiency, Resolution No. FY2017-05 through FY2017-09 were lumped together as one
item. Staff presented one staff report and one recommended motion.
The Borough Lands Committee suggested, and the Borough Assembly initiated, disposal of
several Borough -owned parcels for the purpose of selling the land to the public at a Borough
land sale. The intent was to make more land available for residential development.
ROHRER moved that the motion be divided and consider Resolution No. 2017-05 separately.
ROLL CALL VOTE ON MOTION TO DIVIDE THE QUESTION CARRIED FIVE TO ONE: Crow,
Rohrer, Skinner, Smiley, and Symmons (Ayes); Peterson (No).
ROLL CALL VOTE ON MOTION TO APPROVE RESOLUTIONS NO. 2017-06 THROUGH 09
CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Crow, Peterson, and Rohrer.
PETERSON moved to postpone Resolution No. FY2017-05 to the regular meeting of November
17, 2016.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO THREE: Smiley,
Peterson, Rohrer, and Friend (Ayes); Symmons, Skinner, and Crow (Noes).
Ordinances for Introduction
1. Ordinances Amending the 2008 Comprehensive Plan By Changing The Future Land
Use Designation Of The Following Borough Owned Lands From Public
Ownership/Facilities To Residential Or Rural Residential:
• Ordinance No. FY2017-05, Lot 7A, Block 2, Monashka Bay Subdivision From Public
Ownership/Facilities To Rural Residential (P&Z Case No. 16-024).
• Ordinance No. FY2017-07, Lot 5, Block 5, Monashka Bay Subdivision From Public
Ownership/Facilities To Rural Residential (P&Z Case No. 16-033).
Kodiak Island Borough Assembly Regular Meeting Minutes
September 1, 2016 Page 1745
Ordinance No. FY2017-09, A ± 20,000 Square Foot Portion Of U.S. Survey 3099
From Public Ownership/Facilities To Urban Residential (P&Z Case No. 16-036).
Ordinance No. FY2017-11, Lots 2 And 3, Block 38, East Addition Subdivision From
Public Facilities/Ownership to Urban Residential (P&Z Case No. 16-027).
Ordinance No. FY2017-13, A ± 1 Acre Portion of Lot 1A-4, U.S. Survey 3465 From
Public Ownership/Facilities To Urban Residential (P&Z Case No. 16-030).
SYMMONS moved to adopt Ordinance No(s). FY2017-05, FY2017-07, FY2017-09, FY2017-11,
and FY2017-13 in first reading to advance to public hearing at the next regular meeting of the
Assembly.
For efficiency, Ordinance No(s). FY2017-05, FY2017-07, FY2017-09, FY2017-11, And FY2017-
13 were lumped together as one item. Staff presented one staff report and there was one
recommended motion.
Several parcels identified by resolution as surplus to the public's need did not have Future Land
Use Designations that allowed for residential development. Changes in their Future Land Use
Designations would allow for subsequent rezones of these parcels, which would in turn allow
residential uses.
CROW moved that the motion be divided and consider Ordinance No. FY2017-11 separately.
VOICE VOTE ON MOTION TO DIVIDE THE QUESTION CARRIED UNANIMOUSLY.
ROLL CALL VOTE ON MOTION ON TO ADVANCE ORDINANCE NO(S). FY2017-05, FY2017-
07, FY2017-09, AND FY2017-13 TO PUBLIC HEARING CARRIED UNANIMOUSLY:
Symmons, Crow, Peterson, Rohrer, Skinner, and Smiley.
CROW moved to postpone Ordinance No. FY2017-11 to the regular meeting of November 17,
2016.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FIVE TO ONE: Crow, Peterson,
Rohrer, Smiley, and Symmons (Ayes); Skinner (No).
2. Ordinances Rezoning The Following Borough Owned Lands From PL -Public Use Lands
District to R1 -Single -Family Residential District, 132 -Two -Family Residential District, Or
RR1-Rural Residential One District:
• Ordinance No. FY2017-06, Lot 7A, Block 2, Monashka Bay Subdivision From PL -
Public Use Lands District To RR1-Rural Residential One District (P&Z Case No. 16-
025).
• Ordinance No. FY2017-08, Lot 5, Block 5, Monashka Bay Subdivision From PL -
Public Use Lands District To RR1-Rural Residential One District (P&Z Case No. 16-
034).
• Ordinance No. FY2017-10, Rezoning A ± 20,000 Square Foot Portion Of Lot 29,
U.S. Survey 3099 From PL -Public Use Lands District To R2 -Two -Family Residential
District (P&Z Case No. 16-037).
• Ordinance No. FY2017-12, Lots 2 And 3 (As One Lot), Block 38, East Addition
Subdivision From PL -Public Use Lands District To 131 -Single -Family Residential
District (P&Z Case No. 16-028).
• Ordinance No. FY2017-14, A ± 1 Acre Portion of Lot 1A-4, U.S. Survey 3465 From
PL -Public Use Lands District To R2 -Two-family Residential District (P&Z Case No.
16-031).
Kodiak Island Borough Assembly Regular Meeting Minutes
September 1, 2016 Page 1746
ROHRER moved to adopt Ordinance No(s). FY2017-06, FY2017-08, FY2017-10, and FY2017-
14 in first reading to advance to public hearing at the next regular meeting of the Assembly.
For efficiency, Ordinance Nos. FY2017-06, FY2017-08, FY2017-10, FY2017-12, And FY2017-
14 were lumped together as one item. Staff presented one staff report and there was one
recommended motion.
Several parcels identified by resolution as surplus to the public's need did not have zoning
designations that allowed for residential development. Rezoning these parcels from PL -Public
Use Lands to a residential zoning district appropriate to the area where each parcel was located
would ensure that future site development was consistent with the character of the surrounding
neighborhood.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner,
Smiley, Symmons, and Crow.
Other Items
1. Approval of the October 4, 2016 Regular Municipal Election Workers.
SKINNER moved to appoint the election officials for the upcoming October 4, 2016 Municipal
Election as listed in the memo submitted by the Borough Clerk.
Per KIBC 7.30.010 Election officials, the assembly shall appoint at least three election officials
in each precinct to constitute the election board of that precinct. The clerk was the election
supervisor. One election official shall be designated as chair and shall be ordinarily responsible
for administering the election in that precinct. The clerk may appoint additional election officials
at any polling place where they were needed to conduct an orderly election and to relieve other
election officials of undue hardship.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Peterson, Rohrer, Skinner,
Smiley, and Symmons.
CITIZENS' COMMENTS
Alan Schmidt expressed his disappointments on what he felt was an arrogant power exercised
by elected officials. He also noted rudeness and disrespect to board members which he said
resulted in difficulty of recruiting members.
Stephen Taufen encouraged the Assembly to protect Kodiak resources. He wanted them to be
aware and watchful about the potential tax income that could come from proper timber
valuation.
Charlie Davidson phoned to thank the Assembly regarding the postponement of the disposal of
the Baranof properties.
Costas Genopolous commented about the eviction notices Jackson's Mobile Home Park
(JMHP) owners received. He mentioned the difficulties and road blocks owners are
experiencing.
City Council member John Whiddon supported his neighbors' comments regarding the
properties on Baranof Street.
EXECUTIVE SESSION
Kodiak Island Borough Assembly Regular Meeting Minutes
September 1, 2016 Page 1747
1. Discuss Negotiation Options And Litigation Tactics And Strategies: State Of Alaska,
Department Of Environmental Conservation's Notice Of Violation For Kodiak Incinerator
Re: Medical Waste Incinerated At Landfill.
Executive Session Items 1 and 2 were combined
2. Discuss Litigation Tactics And Strategies Re: Kodiak High School Construction Claims:
Watterson Construction v. Kodiak Island Borough, 3AN-16-7996Ci.
The Borough Attorney provided an overview of both cases before going into executive session.
SKINNER moved to convene into executive session to discuss negotiation options and litigation
tactics and strategies: State Of Alaska, Department Of Environmental Conservation's notice of
violation for Kodiak incinerator regarding the medical waste incinerated at the Landfill which
qualifies for executive session per KIBC 2.30.030 and discuss litigation tactics and strategies
regarding the Kodiak High School construction claims: Watterson Construction vs. Kodiak Island
Borough, 3AN-16-7996Ci which qualify for executive session per KIBC 2.30.030(f.1.a) potential
or pending litigation to which the borough may become or is a party.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, and Symmons,
Crow, Peterson Rohrer.
SKINNER moved to invite the Borough Mayor, Assembly, Administrative Official,
Engineering/Facilities Director, Borough Attorney via teleconference, and Clerk's Office Staff
into executive session.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Crow,
Peterson, Rohrer, and Skinner.
Mayor Friend recessed the regular meeting at 9:08 p.m. and convened the executive session.
Mayor Friend reconvened the regular meeting at 9:52 p.m.
Mayor Friend announced that no actions were to be taken as a result of the executive sessions.
ASSEMBLY MEMBERS' COMMENTS
Assembly member Crow commented on the nonprofit funding and noted that it was tough to
make the funding decision. He assured the public that the Assembly wanted to hear from the
public and that they were trying to do the best job they can. He regretted that others saw them
as being arrogant and somehow inconsiderate of the public. He mentioned that he did not want
to see the public process get buried in some obscure committee. He suggested that the
Borough be more proactive in getting the word out for public benefit. He asked staff to look at
the issues mention by Mr. Genopolous.
Assembly member Rohrer spoke on the Killarney Hills and expressed frustration that the
Assembly's involvement in the process was at the 491h step and in after two years in the
process. He did not want the Assembly to be left out until the 9'h hour. He looked forward to
community discussion on this topic.
Assembly member Smiley agreed that the Assembly and Borough need to communicate things
better to public. He explained the Assembly process regarding nonprofits.
Kodiak Island Borough Assembly Regular Meeting Minutes
September 1, 2016 Page 1748
Assembly member Skinner requested that staff follow up on the JMHP insurance issues. She
addressed the comments that were made during citizens' comments about the Assembly giving
direction to seek maximum density at Killarney Hills and exclude public participation in the
process. Speaking for herself, she did not say that maximum density should be pursued. She
explained that during the work session that the Assembly expressed that the intent was to hear
from the public.
Assembly member Symmons was glad to see a handful of people change the way that the
Assembly went on an issue. He commended Matt Van Daele for inviting the public to attend the
Assembly meeting. He was surprised to be blind sighted with the Killarney Hills issue.
Announcements
The next Assembly work session will be held on Thursday, September 8 at 6:30 p.m. in the
Borough Conference Room and the next Assembly regular meeting is scheduled for Thursday,
September 15, at 6:30 p.m. in the Borough Assembly Chambers.
ADJOURNMENT
PETERSON moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, Peterson,
Rohrer, Skinner, and Smiley.
The meeting was adjourned at 10: 09 p.m.
KODIAK ISLAND BOROUGH
ATTEST: Jerrol Friend, Mayor
MMC, Borough Clerk Approved on: December 15, 2016
Kodiak Island Borough Assembly Regular Meeting Minutes
September 1, 2016 Page 1749