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2015-04-02 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting April 2, 2015 A regular meeting of the Kodiak Island Borough Assembly was held on April 2, 2015, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:39 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 Larry LeDoux, Chris Lynch, Frank Peterson, Dan Rohrer, and Rebecca Skinner. Also present were Borough Manager Bud Cassidy, Borough Clerk Nova Javier, and Assistant Clerk Angela MacKenzie. PETERSON moved to excuse Assembly members Carol Austerman and Aaron Griffin 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. PETERSON moved to amend the agenda to add item no. 13.A.1 Approval of Change Order No. 42 Amending Contract No. FY2013-24 for the Kodiak High School Addition and Renovation Project. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY: LeDoux, Lynch, Peterson, Rohrer, and Skinner. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, Skinner, and LeDoux. APPROVAL OF MINUTES Regular meeting minutes of February 19 and March 5, 2015, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Friend proclaimed the month of April 2015 as "Child Abuse Prevention Month" and called upon all citizens to increase their participation in efforts to prevent child abuse, strengthening all communities in which we live. Mayor Friend proclaimed the month of April 2015 as "Sexual Assault Awareness Month" and encouraged all residents to support local activities and programs, which assist victims, and to learn more about the pervasiveness of sexual assault in Alaska so we may eliminate this heinous crime. Mayor Friend proclaimed April 2015 as the Month of the Military Child in Kodiak, encouraging all Kodiak residents to show appreciation, support, and understanding to the military children in the community, Kodiak Island Borough Assembly Regular Meeting Minutes April 2, 2015 Page 1477 Mayor Friend proclaimed April 11 through April 18, 2015 Week of the Young Child, encouraging all citizens to work to make a good investment in early childhood in Kodiak, Alaska. Mayor Friend presented the student of the month award for March 2015 to Shaloni Hochmuth, a senior at Larsen Bay School CITIZENS' COMMENTS Melvin Stephens spoke on the Borough Budget and Comprehensive Annual Financial Report (CAFR) and suggested amendments to the budget funds. Betty McTavish reported on the 2015 County Health Ranking. She also spoke on the future development of Borough land located across from the Kodiak Area Native Association facility, "KANA Field". Judy Kidder spoke on the CAFR and encouraged the Assembly to review Ordinance No. FY2008-08 which relates to the use of Facilities funds. COMMITTEE REPORTS Assembly member Peterson spoke on the Economic Development Training held on April 1-2, and the recommendation for an advisory committee be established. PUBLIC HEARING 1. State of Alaska Alcoholic Beverage Control Board for a New Liquor License Application for a Brewpub License for Olds River Inn (Licensee/Applicant: Circle B, LLC). LYNCH moved to voice non-protest to the State of Alaska Alcoholic Beverage Control Board for a New Liquor License Application for a Brewpub License for Olds River Inn (Lice nseelApplicant: Circle B LLC). The application was for a new brewpub liquor license at the Olds River Inn. The Clerk's office followed the procedure in KIBC 5.01.030 New license and transfer procedure. Public hearing notices were mailed to four landowners. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, LeDoux, and Lynch. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Legislative Reception was held in Juneau on March 26. • Expressed gratitude to Borough Lobbyist Mark Hickey and Tuck Bonney of Alaska Pacific Seafoods, for their diligent effort on preparations for the Legislative Reception. • OSHA had inspected the landfill and the Borough was penalized $2,400. The issues for which the penalties had occurred had been addressed. • Met with Superintendent Stewart McDonald and discussed the School District budget. The joint work session with the School District Board is scheduled on April 23. Kodiak Island Borough Assembly Regular Meeting Minutes April 2, 2015 Page 1478 MESSAGES FROM THE BOROUGH MAYOR Mayor Friend announced the Comfish event of April 2-4. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Approval of Change Order No. 42 Amending Contract No. FY2013-24 for the Kodiak High School Addition and Renovation Project. PETERSON moved to authorize the Manager to approve Change Order No. 42 amending Contract No, FY2013-24 with Watterson Construction Company for the Kodiak High School Addition and Renovation Project in the amount of$210,169. The scope of the Kodiak High Addition and Renovation project included demolition of half of the existing Learning Center building to allow for parking and traffic through the new main entrance. The building was constructed in 1968 and was known to have asbestos containing materials such as fireproofing and floor mastic. The abatement of the existing material was shown on the design documents and was included in the contract for Watterson Construction. However, during the abatement work it was discovered that the concrete block exterior walls contained vermiculite insulation, which was an asbestos contaminated material. The asbestos material was not shown on any prior or existing drawings or documentation, and there was no way to know it existed prior to starting demolition activities. Upon discovery of the vermiculite, Borough project management staff worked with Jensen Yorba Lott architects, EHS-Alaska Environmental Consulting, Watterson Construction, and its subcontractors to come up with a plan for abatement. Because of the qualities of the material and its location in the cells of the concrete block, removal and containment required a lot of hand work and was very time consuming. Watterson Construction had submitted a change order request in the amount of$210,169. Staff recommended approving the change order on a time and materials basis, not to exceed $210,169. In addition, the equipment on site for demolition of the building was currently sitting idle, and Watterson Construction had stated that once the change order was resolved and they were notified to proceed with abatement of the vermiculite, an additional change order request would be submitted for $2,053 per day that the demolition had been delayed. It was imperative that the change order was resolved to keep down the delay costs. The construction contingency for the project was currently $2,136,686. There were adequate contingency funds to pay for the work required for the unforeseen condition. SKINNER moved to amend the main motion by changing the amount from $210,169 to $192,100. ROLL_ CALL VOTE ON MOTION AS AMENDED FAILED THREE TO TWO: Rohrer, LeDoux, and Peterson (No); Skinner and Lynch (Ayes). ROLL CALL VOTE ON MAIN MOTION CARRIED FOUR TO ONE: LeDoux, Lynch, Peterson, and Rohrer(Ayes); Skinner(No). Kodiak Island Borough Assembly Regular Meeting Minutes April 2, 2015 Page 1479 Resolutions None. Ordinances for Introduction None. Other Items 1. Assembly Authorization to Allow the Appointment of the Same Person Whose Confirmation Was Failed by the Assembly. LEDOUX moved to grant authorization to allow the appointment of the same person whose confirmation was previously failed by the Assembly. At its regular meeting of March 5, 2015, the Assembly was presented with the mayoral appointment of Mr. Greg Spalinger to the Planning and Zoning Commission. Confirmation of the mayoral appointment failed two to two. If the Assembly allowed the appointment of the same person whose confirmation was previously failed by the Assembly, action to confirm the mayoral appointment would follow. If the Assembly did not authorize the appointment of the previously failed confirmation, confirmation of the Mayoral appointment would not take place. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: LeDoux, Peterson, Rohrer, and Skinner (Ayes); Lynch (No). 2. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission (Greg Spalinger). LEDOUX moved to confirm the Mayoral appointment of Mr. Greg Spalinger to the Planning and Zoning Commission for a Borough seat with a term to expire December 31, 2017. There was one vacant Borough seat on the Planning and Zoning Commission for a term to expire December 31, 2017. The Clerk's Office received applications from the following: Kyle Crow, February 5, 2015 Steven Neff, February 5, 2015 Greg Spalinger, February 11, 2015 Jasha Zbitnoff, February 20, 2015 Mayor Friend requested that the Assembly confirm his appointment of Mr. Greg Spalinger for the Borough seat with a term ending December 31, 2017. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Peterson, Rohrer, Skinner, and LeDoux (Ayes); Lynch (No) CITIZENS' COMMENTS None. Kodiak Island Borough Assembly Regular Meeting Minutes April 2, 2015 Page 1480 EXECUTIVE SESSION 1. Borough Managers Evaluation ROHRER moved to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, LeDoux, and Lynch. Mayor Friend invited the Assembly members and Manager to join in the executive session. After the vote, Mayor Friend recessed the regular meeting and convened the executive session at 8:48 p.m. Upon returning from the executive session, Mayor Friend reconvened the regular meeting at 9:16 p.m. and announced no action was taken as a result of the executive session. ASSEMBLY MEMBERS' COMMENTS Assembly member Lynch addressed Mr. Rolan Ruoss's comment during the Special Work Session of April 2 and assured the competency and integrity of the Borough Project Managers. She congratulated the Student of the Month Award recipient Shaloni Hochmuth. She also announced the next Kodiak Fisheries Work Group (KFWG) was scheduled on April 8 and a public roundtable forum was scheduled on May 12. The KFWG was soliciting for comments regarding the Gulf Trawl Bycatch Management and also looking for participants for the Round Table discussion. She would like discussion on fireworks be placed on a work session agenda in the near future. She also provided an update on the Legislative Reception held in Juneau, March 26. Assembly member LeDoux spoke on residential construction costs especially when requiring engineering on construction. He requested an inquiry on obtaining road lighting between the City and the airport. He was concerned on the lack of pedestrian safety around the Coon Field area and suggested a pedestrian overpass. He provided an update on his attendance at Comfish. Assembly member Rohrer addressed Assembly member Lynch's inquiry on the fireworks discussion. He spoke on the Joint Building Code Review Committee appointment process and the reestablishment of the Committee. He reported that Amy Fogle and Corey Gronn requested presentation time regarding the future use of the old swimming pool space. He also inquired Coast Guard cutter response in Kodiak. Assembly member Skinner requested Clerk Javier send a compilation of questions to the Assembly regarding the CAFR. She commented on the Comfish forum being held in Kodiak. She expressed gratitude to the community for attending the Assembly meetings and valued their comments. She announced the North Pacific Fisheries Management Council meetings being held on April 6-10 in Anchorage, Alaska. Announcements Mayor Friend announced the Assembly would hold a special work session on Thursday, April 9 at 6:30 p.m. in the Borough Conference Room to continue the review of the Comprehensive Annual Financial Report (CAFR). The special work session would be followed by a regular work session of the Assembly at 7:30 p.m. The next regular meeting was scheduled on Thursday, April 16 at 7:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Regular Meeting Minutes April 2, 2015 Page 1481 ADJOURNMENT ROHRER moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, LeDoux, Lynch, and Peterson. The meeting was adjourned at 9:29 p.m. p KOD' K IS ° ROUGH A ST: rrol Friend, y No a M. Javier, MMC, BorTh Clerk Approved on: May 21, 2015 Kodiak Island Borough Assembly Regular Meeting Minutes April 2, 2015 Page 1482 KODIAK ISLAND BOROUGH Assembly Regular Meeting April 16, 2015 A regular meeting of the Kodiak Island Borough Assembly was held on April 16, 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, Larry LeDoux, Chris Lynch, Frank Peterson, Dan Rohrer, and Rebecca Skinner. Also present were Borough Manager Bud Cassidy, Borough Assessor Bill Roberts, Borough Clerk Nova Javier, and Deputy Clerk Jessica Kilborn. PETERSON moved to excuse Assembly member Griffin who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA ROHRER moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular meeting minutes of March 19, 2015, were approved under the consent agenda. AWARDS AND PRESENTATIONS Manager Cassidy presented the Employee of the Quarter Award for the first quarter of 2015 to Eddie Arellano, Maintenance Mechanic in the Engineering and Facilities Department. Manager Cassidy presented five-year longevity awards to Eddie Arellano, Maintenance Mechanic, Dave Conrad, Constructor Inspector/Engineer, and Martha Barnett, Interpretive Specialist/Receptionist in the Engineering and Facilities Department and presented ten-year longevity awards to Jessica Kilborn, Deputy Clerk in the Borough Clerk's Office and Sheila Smith, Secretary III in the Community Development Department. Engineering and Facilities Project Manager Matt Gandel provided an update and presentation on the Kodiak High School Addition and Renovation Project and change order process. CITIZENS' COMMENTS Paul VanDyke spoke on the issues with fireworks and provided options for consideration. Stephen Taufen spoke on fisheries issues and urged for the re-establishment of the Kodiak Fisheries Advisory Committee. Neal Cooper spoke to the fireworks issues, encouraged more presentations and accountability for borough funds, and spoke to school district funding. He also urged the Assembly to consider that the sports field near the Kodiak Area Native Association building be considered for Borough residents' recreational use. Kodiak Island Borough Assembly Regular Meeting Minutes April 16, 2015 Page 1483 Kyle Crow spoke to the need for restrictions on fireworks in residential or urban areas, but spoke against restrictions on beaches or rural areas. Mel Stephens spoke on Amendment B to Contract No. FY2013-14 regarding the extension of the Borough Manager's employment contract. Jonathan Strong, Senior Citizens of Kodiak representative, spoke to the benefits and needs of the Kodiak Area Transit System (KATS) in Kodiak. COMMITTEE REPORTS None. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Current Legislative Session in Juneau; • Gave an overview of the various projects that would be funded through the Capital budget; • Evergreen Timber and Transplant of Afognak Island owed money to the Borough, efforts to collect that money were underway; and • Interviews with Resource Management candidates would be conducted in the near future. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend reported on the following: • Prince William Sound Regional Citizens Advisory Council; candidates were to be provided for recommendation for the Village Mayors seat at the annual meeting on May 6 in Valdez. Mayor Friend would write a letter of support or call a special meeting if there was more than one candidate submitted; and • He announced that the Kodiak Fisheries Advisory Council would be discussed at a the next Joint Work Session with the City Council. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2006-37A Amending Contract No. FY2006-37 Kodiak Island Borough Clerk Employment Agreement. LYNCH moved to approve Contract No. FY2006-37A amending Contract No. FY2006-37 Kodiak Island Borough Clerk Employment Agreement. A summary of the negotiation was reflected in the memo provided by Deputy Presiding Officer Dan Rohrer. The Kodiak Island Borough Assembly employed the services of the Borough Clerk on April 27, 2006. The Clerk was an at-will employee who served at the pleasure of the Assembly. Kodiak Island Borough Assembly Regular Meeting Minutes April 16, 2015 Page 1484 With the recent completion and adoption of the Fox Lawson Study and during the 2014 Clerk's evaluation, it was agreed on by the Clerk and the Assembly to renegotiate the existing contract at a reduced rate of salary. A subcommittee of the Assembly composing of Assembly members Rohrer, Lynch, and Griffin was formed. The subcommittee and Clerk Javier met in negotiations on February 23, 2015. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, LeDoux, Lynch, Peterson, Rohrer, and Skinner. 2. Approval of Amendment B to Contract No. FY2013-14 To Extend the Borough Manager's Contract and Provide Direction to Staff To Begin Advertising and Proceed Forward in Searching for a New Borough Manager. PETERSON moved to approve Amendment B to Contract No. FY2013-14 extending the Borough Manager's Employment Contract to May 30, 2016, and also to provide direction to staff to begin advertising for and proceed with the new Borough Manager hiring process. ROHRER moved that the motion be divided and to consider separately the motions of. • Approving Amendment B to Contract No. FY2013-14 extending the Borough Manager's Employment Contract to May 30, 2016; and • Providing direction to staff to begin advertising for and proceed with the new Borough Manager hiring process. Clerk's Note: A unanimous voice vote was necessary to divide the question. If the voice vote failed, a roll call vote would be conducted. VOICE VOTE ON MOTION FAILED ONE TO FIVE: Austerman, LeDoux, Peterson, Rohrer, and Skinner (Ayes); Lynch (No). ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: LeDoux, Lynch, Peterson, Rohrer, Skinner, and Austerman (Ayes); Lynch (No): The Manager's three-year employment contract would expire on January 16, 2016. During his two year evaluation held on April 2, 2015, Manager Cassidy announced that he would not seek another three-year term and provided the Assembly with nine months' notice of his retirement. The Manager also communicated interest in a short term extension of his employment contract beyond the January 16, 2016 date, if needed, and in an effort to provide overlap and transition to the new incoming manager. Such an extension; however, would not exceed June 30, 2016. If an interest existed to extend the manager's contract beyond the January 16, 2016 date, it was proposed that the extension, at a minimum, would continue until April 30, 2016. Further extensions, if necessary, will be at the will of the Assembly and could continue on a month to month basis for the months of May and June 2016. Should the manager's contract be extended beyond the January 16, 2016 date, it would be done so with no increase in pay and an accumulation of sick and vacation leave in accordance with the borough personnel manual. With the departure of the Manager, it was important to begin advertising and the process for the new manager hiring. Mayor Friend announced that the motion to approve Amendment B to Contract No. FY2013-14 extending the Borough Manager's Employment Contract to May 30, 2016 was before the Assembly. Kodiak Island Borough Assembly Regular Meeting Minutes April 16, 2015 Page 1485 LEDOUX moved to postpone Amendment B to Contract No. FY2013-14 to the regular Assembly meeting of May 21, 2015. ROLL CALL VOTE ON MOTION TO POSTPONE APPROVING AMENDMENT B TO CONTRACT NO. FY2013-14 CARRIED FOUR TO TWO: Peterson, Rohrer, Skinner, and LeDoux (Ayes); Austerman and Lynch (Noes). Mayor Friend announced that the motion to provide direction to staff to proceed forward in searching for a borough manager was before the Assembly. ROLL CALL VOTE ON MOTION TO DIRECT STAFF TO PROCEED WITH THE NEW BOROUGH MANAGER HIRING PROCESS CARRIED FIVE TO ONE: Peterson, Rohrer, Skinner, LeDoux, and Lynch (Ayes);Austerman (No). Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2015-10 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.35 Real Property Tax. ROHRER moved to adopt Ordinance No. FY2015-10 in first reading to advance to public hearing at the next regular meeting of the Assembly. The ordinance would align foreclosure sections of the Borough code, specifically 3.35.160 Foreclosures (renamed), with Alaska State Statues and repeal others, 3.35.170 Publication of the foreclosure list through 3.35.260 Deed to borough, in favor of the established State Statue processes. It would also clarify delivery requirements for tax payments. The proposed ordinance would also clarify the definition of"mobile home", and, when the mobile home resided on rented property, it would be assigned the identity of responsible parties for ownership updates to the Borough in order to facilitate tax collections. It also reaffirmed that delinquent taxes on mobile homes could be collected by a personal action suit against the owner. The ordinance would specify any Board of Equalization appeals were to be filed in the Third Judicial District, Kodiak, Alaska. The ordinance would also update any staff titles from Treasurer to Finance Director that were mentioned within Borough Code sections 3.35.010-3.35.160. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Austerman, LeDoux, Lynch, and Peterson. 2. Ordinance No. FY2015-11 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax. LYNCH moved to adopt Ordinance No. FY2015-11 in first reading to advance to public hearing at the next regular meeting of the Assembly. Boats and vessels with an overall length longer than 20 feet, measured bow to stern and used for commercial purposes, were currently taxed at a rate of $1 per foot. One purpose of the tax Kodiak Island Borough Assembly Regular Meeting Minutes April 16, 2015 Page 1486 was to track vessels for future ad valorem taxation. In addition to the vessel personal property tax, the Borough collected both raw fish tax and severance tax from the fishing fleet. The tax rate of $1 per foot in tax did not provide enough funds to make the administration and maintenance of these personal property accounts cost effective for the Borough, therefore it was the Assessor's recommendation to remove section 3.40.070 Classitcation of boats and vessels from the Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Austerman, LeDoux, Lynch, Peterson, and Rohrer. Other Items None. CITIZENS' COMMENTS None. ASSEMBLY MEMBERS' COMMENTS Assembly members Lynch and Rohrer congratulated longevity and employee of the quarter award recipients, and commended Mr. Gandel for the presentation. Assembly member Austerman spoke to the Assembly's actions regarding the Borough Manager contract extension. Assembly member LeDoux thanked the Engineering and Facilities staff for the hard work on the Kodiak High School Addition and Renovation project. He spoke on his visit to Fairbanks where he was able to tour their transfer station/site, described the site, and encouraged the Borough to look at a similar design for future transfer stations. He also visited the Borough Landfill and commended the staff for its hard work on the project. He attended the recent Kodiak Fisheries Work Group meeting and spoke to the topics brought forth at that meeting. He also spoke to several safety concern areas for community residents and children and requested that the item be added to the next joint work session agenda with the City Council. He addressed the retirement of Manager Cassidy. Assembly member Lynch thanked Mr. Strong for the update on KATS. Announcements The Assembly would hold a joint work session with the School Board on Thursday, April 23 at 6:30 p.m. in the School District Conference Room. The next Assembly work session would be held on Thursday, April 30 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, May 7 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, LeDoux, Lynch, Peterson, Rohrer, and Skinner. The meeting was adjourned at 9:25 p.m. Kodiak Island Borough Assembly Regular Meeting Minutes April 16, 2015 Page 1487 KODI K IS OUGH ,J rol Friend', ayor Nova M. Javier, MMC, Borougl Clerk Approved on: May 21, 2015 Kodiak Island Borough Assembly Regular Meeting Minutes April 16, 2015 Page 1488 KODIAK ISLAND BOROUGH Assembly Special Meeting April 23, 2015 A special meeting of the Kodiak Island Borough Assembly was held on April 23, 2015, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 8:37 p.m. Present were Mayor Friend, Assembly members Aaron Griffin, Larry LeDoux, Chris Lynch, Frank Peterson, Jr., Dan Rohrer, and Rebecca Skinner. Staff members present were Borough Manager Bud Cassidy and Borough Clerk Nova Javier. ROHRER moved to excuse Assembly member Carol Austerman who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS' COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Confirmation of the Mayoral Recommendation to the Prince William Sound Regional Citizens' Advisory Council - Kodiak Village Mayors Association Seat. LEDOUX moved to confirm the Mayoral recommendations of Ms. Melissa Berns to the Prince William Sound Regional Citizens' Advisory Council Kodiak Village Mayor's Association seat and Mr. Mike Carlson to serve as the alternate for two-year terms to expire May 2017. The Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) requested that the Borough Mayor provide a recommendation of a representative to the Kodiak Village Mayor's Association (KVMA) prior to the PWSRCAC's annual meeting of May 7, 2015. This individual could potentially have the opportunity to influence decisions having profound implications for oil transportation safety in Alaska, and for the state's oil spill prevention and response capabilities. PWSRCAC requires the Kodiak Village Communities to have an active seat on the Council in order to participate. The current seat has lacked participation since May 2013 and PWSRCAC has advised the Borough Mayor that the KVMA seat is in jeopardy of being removed due to its inactivity. Solicitation went out to the rural communities and Rural Leadership Forum. Letters of interest were received from the following by the deadline of Friday, April 17, 2015: Melissa Berns and Mike Carlson. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Lynch, Peterson, Rohrer, and Skinner. Kodiak Island Borough Assembly Minutes April 23, 2015 Page 1489 ADJOURNMENT GRIFFIN moved to adjourn the meeting. „x ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Lynch, Peterson, Rohrer, Skinner, and Griffin. The meeting was adjourned at 8:41 p.m. K AK I' t BOROUGH '�O ti ATT ST: ' errof Frieh layor Nova M. Javier, MMC, Bo 'ough Clerk Approved on: May 21, 2015 Kodiak Island Borough Assembly Minutes April 23, 2015 Page 1490 KODIAK ISLAND BOROUGH Assembly Special Meeting April 30, 2015 A special meeting of the Kodiak Island Borough Assembly was held on April 30, 2015, 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 Friend, Assembly members Carol Austerman, Larry LeDoux, Frank Peterson, Jr., Dan Rohrer, and Rebecca Skinner. Staff members present were Borough Manager Bud Cassidy and Borough Clerk Nova Javier. PETERSON moved to excuse Assembly members Carol Austerman and Aaron Griffin who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Note: Assembly members Griffin and Lynch arrived at 7:31 p.m. CITIZENS' COMMENTS Judi Kidder spoke on exploring changes to the landfill hours and the days that they are open. Patrick O'Donnell spoke on restoring the Kodiak Fisheries Advisory Committee. Betty MacTavish opposed the restriction of fireworks. Roberta Austrina thanked the Assembly for its contributions to the Senior Citizens of Kodiak (SCOK). She also provided an update regarding the services SCOK provides to Kodiak. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Olga Sockeye Salmon Letter of Support for an Alaska Sea Grant. ROHRER moved to authorize the Mayor to sign the Olga Sockeye Salmon letter of support for an Alaska Sea Grant. The letter was requested by Fishery Biologist Heather Finkle as support to their proposal to the Alaska Sea Grant for studying the linkages among South Olga lakes sockeye salmon, their habitat and climate. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Griffin„ LeDoux,, Lynch, Peterson, Rohrer, and Skinner. Kodiak Island Borough Assembly Special Meeting Minutes April 30, 2015 Page 1491 B. Executive Session to Discuss Litigation, Trial Strategy and Tactics Regarding Markham's Appeal to the Supreme Court. PETERSON moved to convene into executive session to discuss litigation, and trial strategy and tactics regarding Markham's Appeal to the Supreme Court. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Lynch, Peterson, Rohrer, Skinner, and Austerman. LYNCH moved to invite the Borough Assembly, Borough Manager, Borough Assessor, Borough Attorney via teleconference, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Lynch, Peterson, Rohrer, Skinner, Austerman, and Griffin. After the vote, Mayor Friend recessed the special meeting at 7:45 p.m. and convened the executive session. Upon returning from the executive session, Mayor Friend reconvened the special meeting and announced no action was to be taken as a result of the executive session. ADJOURNMENT GRIFFIN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, Skinner, Austerman, Griffin, and LeDoux The meeting was adjourned at 9:45 p.m. KODIAK ISLAM OROUGFI N ATTEST: errol Friefl d, Mayor Nova M. Javier, MMC, orough Clerk Approved on: May 21, 2015 Kodiak Island Borough .. Assembly Special Meeting Minutes April 30, 2015 Page 1492