06/10/2010 Special Meeting KODIAK ISLAND BOROUGH
Assembly Special Meeting
June 10, 2010
A special meeting of the Kodiak Island Borough Assembly was held on Thursday, June 10,
2010, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay
Road. The meeting was called to order at 7:30 p.m.
Present were Mayor Jerome Selby, Assembly members Jerrol Friend, Judy Fulp, Sue
Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were
Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland.
JEFFREY moved to excuse Assembly member Branson who was absent for personal
reasons.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
CITIZENS' COMMENTS
Randy Schuster with Kodiak Towing inquired about a Borough contract for the towing of
cars.
Wade Ball and Carmen Lunde spoke against an alcohol and /or tobacco tax.
Shawn Dochtermann spoke about the Rockfish Pilot program.
CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING
A. Ordinance No. FY2010 -09 Amending Title 16 Subdivision Chapter 16.90 Appeals to the
Assembly Section 16.90.100 Hearing Examiner and Title 17 Zoning Chapter 17.225
Appeals to the Board of Adjustment Section 17.225.090 Hearing Examiner.
FRIEND moved to adopt Ordinance No. FY2010 -09 in first reading to advance to public
hearing at the next regular meeting of the Assembly.
KIBC provided no other guidance on the qualifications or standards for a hearing officer
under 16.90.100 and 17.225.090 which had been in effect since 1990 or 1991. There was
no guidance under AS 29.40.050 which had been in effect at least since 1985.
In 2004 the Alaska Legislature authorized the creation of the Office of Administrative
Hearings in AS 44.64. The statute referred to the hearing officers in its department as
administrative law judges (ALJs). Among other things, AS 44.64 set standards for ALJs (AS
44.64.040), established a code of conduct for them (AS 44.64.050), and set procedures for
hearings (AS 44.64.060). The state had already established the qualifications and standards
for hearing officers.
Kodiak Island Borough Assembly Minutes
June 10, 2010 Page 807
The suggested code changes would allow the Borough to immediately refer appropriate
appeals to the Office of Administrative Hearings rather than first obtaining an Assembly
resolution.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan,
Lynch, and Stutes.
ADJOURNMENT
FRIEND moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch,
Stutes, and Friend.
The meeting adjourned at 7:55 p.m.
KODIAK ISLAND BOROUGH
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ATTEST: ,Jdrome M. Selby, Mayor
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Nova M. Javier, MC, Borough Clerk Approved: July 15, 2010
Kodiak Island Borough Assembly Minutes
June 10, 2010 Page 808