2018-08-02 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
August 2, 2018
A regular meeting of the Kodiak Island Borough Assembly was held on August 2, 2018, 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 Rohrer led the
Pledge of Allegiance.
Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Julie Kavanaugh, Andrew
Schroeder, Rebecca Skinner, Scott Smiley, Dennis Symmons, and Matthew Van Daele. Also
present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk
Laurie Pardoe.
APPROVAL OF AGENDA
SCHROEDER moved to approve the agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
None.
CITIZENS' COMMENTS
Jonathan Strong, George S. Garcia, Jill Bunting, Heidi Roberson, Jami Gibson, Nicole Clark,
Shawn Olsen, Mark Olsen, Stacy Wenrich, Elaine Olsen, and Donna Ruch spoke in support of
providing small grant funding for the Kodiak Area Mentor Program (KAMP).
Randy Blondin spoke concerning the Larsen Bay comprehensive plan and zoning issues
affecting the lodge industry in the villages.
Jeff Stewart spoke concerning Resolution No. FY2019-06.
Paul VanDyke, Fire Protection Area No. 1 Board Chairman spoke regarding letters from the
Board to the Assembly.
Mary Guilas-Hawver spoke concerning Resolution No. FY2019-06 on behalf of the Providence
Counseling Center and encouraged the Assembly to fund it under the Health category.. She also
spoke in support of funding Non -profits.
Johnny Walker spoke concerning the funding request for the Kodiak Island Food Bank.
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Monte Hawver spoke concerning various needs in Kodiak and encouraged the Assembly to
increase funding for non -profits during the hard financial times instead of cutting it.
Reed Oswalt spoke concerning Bay View Service District, safety issues with unfinished roads,
and potential liability associated with a cul-de-sac.
AWARDS AND PRESENTATIONS
None.
COMMITTEE REPORTS
Assembly member Van Daele invited the public to attend the Borough Lands Committee meeting
on August 8 at noon in the Borough Conference Room. The Committee will discuss topics that
are important to the community, including land availability in Chiniak.
PUBLIC HEARING
None.
BOROUGH MANAGER'S REPORT
Manager Powers briefly reported on the following:
• Chiniak Tsunami Shelter/Library project ground breaking.
• Encouraged the public to watch a documentary on Netflix called All The Queen's Horses
which explains how more than 50 million dollars was stolen from a city over a period of 20
years. He also noted that the Borough has controls in place to prevent that type of
embezzlement from occurring.
• Spoke with lobbyists regarding pink salmon disaster funding and school district funding
for major maintenance projects.
• Meeting with the Federal Aviation Administration (FAA) Regional Director about local
airports.
• Expressed concern about IT issues plaguing municipalities in Alaska.
• Met with the City Manager regarding 3 service contract agreements and they should be
ready to come before the Assembly shortly.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Rohrer reported on his meeting with the Manager and the FAA Regional Director. He
noted that in addition to the airport, they discussed activities at the rocket launch facility and the
related issue of trajectories over water and its effects on closure of Kodiak fisheries. The Alaska
Department of Transportation completed significant work on Rezanof Drive and the right-of-ways
have been cleared. He met with a number of people over the week in regards to potentially
serving on the Planning and Zoning Commission. The Assembly is also looking for people to
serve on the Kodiak Consolidation Committee.
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UNFINISHED BUSINESS
Contract No. FY2018-32 Approving a 55 -Year Lease to Fire Service Area 1.
The motion on the floor which was to "move to authorize the Manager to execute Contract
FY2018-32."
This contract was the next step in disposal of this property by lease. Planning and Zoning voted
to dispose of this property by lease to Fire Protection Service Area 1 (FPSA1) in P&Z case no.
17-022. Kodiak Island Borough Assembly upheld that finding in Resolution No. FY2018-033.
Approval of this resolution authorized the signing and execution of a 55 -year lease by the
Manager's office. The disposal by lease of this property was delayed following approval by
Planning and Zoning because the Service Area 1 chairman purported that a utility building on
the property is owned by Service Area 1 and should not be disposed of by lease to Fire Service
Area 1.
Historically the property that houses the Bayside Fire Department was leased by Fire Service
Area #1 (FSA1) from the Kodiak Island Borough (KIB). Throughout the years FPSA1 made
improvements to the lot including installation of a generator, utility shed, removal of junk, and
construction of numerous Fire Training apparatuses. FPSA1 had been solely responsible for
maintenance, upkeep, insurance, and security of the premises.
The utility building was constructed in 1986 and added by addendum to the Lakeside Subdivision
Water and Sewer Expansion project, which installed water and sewer on Cliffside, Abercrombie,
Parkside, and Otmeloi roads. It is unclear from construction plans what the need for the building
was, but it had been speculated that the double -garage door utility building was necessary to
house materials during construction. The utility building construction was a lump sum bid item,
and was funded with the State of Alaska and Kodiak Housing Authority monies that paid for
construction of the water and sewer expansion. The Borough is referenced as the owner in the
building permit.
In 1996, the voters of Service Area 1 opted to return water and sewer service management,
maintenance and facility ownership to the City of Kodiak. The transfer of operation of the water
and sewer facilities included "all capital assets" to the City of Kodiak. Staffs interpretation of the
transfer is that the utility building located on the Bayside Fire Department lot was included in that
transfer. Staff was unable to recover documentation demonstrating that the City formally declined
to take possession of the utility building. Since transfer of the water and sewer facilities to the
City of Kodiak, the City has not occupied, used, requested, improved, nor maintained the
building. In absence of a formal document declining to take ownership, staff opined that full
ownership responsibilities had reverted to Kodiak Island Borough. No documentation was
recovered to substantiate the claim that this building is functionally owned by Service Area 1, nor
the City of Kodiak. Staff opined that the utility building is owned outright by the Kodiak Island
Borough and may legally be leased or disposed of as the Assembly sees fit.
The history of Service Area 1's use of the utility building is largely anecdotal, but ownership of
the land in the Bayside Lease is quite clear. The original fire department property was expanded
when Fire Protection Service Area 1 purchased the privately held parcels adjacent to the original
fire hall lease lot. The purchase of this land was funded with FPSA1 funding, and FPSA1 is listed
as the purchasing agent on the property transfer documents. At no time did Service Area 1
purchase, maintain, pay for improvements to, clear, or pay for removal of derelict "stuff' on the
premises. There is no historical basis for the Service Area's use of 5000 square feet of the
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Bayside lot. Typically Service Area Contractors are responsible for furnishing their own yards,
and this cost is presumably built into the Road Service Contract.
By virtue of its founding and operation, a Service Area cannot own property, but the Kodiak Island
Borough, who ultimately empowers the service area, can own and lease real property. Service
Area 1 voted to re-establish the ENTIRE utility building as a storage facility at their March 28,
2018 meeting.
During a site visit on July 17, 2018, staff was unable to substantiate the claim that the Service
Area currently stored any equipment, supplies, or otherwise within the utility building, though
there were 4 supersacks of calcium chloride skidded on grade on the Fire Protection Area's
property. Storage of equipment, supplies, chemicals, or other property on the Bayside Fire
Property carried with it significant insurance, security, environmental, traffic, and hazardous
materials risks. The multiple tenants within a single building significantly increased these risks.
SYMMONS declared a potential conflict of interest.
MAYOR ROHRER ruled that it was a conflict of interest.
KAVANAUGH appealed the ruling of the chair.
ROLL CALL VOTE ON THE APPEAL SUSTAINED THE RULING THREE TO THREE: Crow,
Smiley, and Van Daele (Ayes); Kavanaugh Schroeder, and Skinner (Noes). The motion to appeal
the ruling of the chair required a majority vote to carry. In a tie vote, the ruling of the Chair was
sustained.
CROW moved to postpone Contract No. FY2018-32 to the regular meeting of September 20.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Kavanaugh,
Schroeder, Skinner, Smiley, Van Daele, and Crow.
2. Contract No. FY2016-44A Amending Contract No. FY2016-44 Employment Agreement
Between The Kodiak Island Borough and The Borough Manager.
The motion on the floor which was to "Move to approve Contract No. FY2016-44A Amending the
Employment Contract Between the Kodiak Island Borough Assembly and Mr. Michael Powers
as Borough Manager."
This contract was presented to the Assembly on June 21 and it was postponed to August 2. The
Assembly directed the Mayor and the DPO to negotiate with the manager regarding the salary
provisions of the manager's contract. An executive session was also scheduled for the July 5
regular meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Smiley,
Symmons, Van Daele, Crow, and Kavanaugh.
NEW BUSINESS
Contracts
None.
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Resolutions
1. Resolution No. FY2019-06 Approving FY2019 Non-profit Funding.
VAN DAELE moved to adopt Resolution No. FY2019-06 and authorize the Manager to execute
agreements and funding as described in the resolution.
CROW moved to amend Resolution No. FY2019-06 to divide funding equally among the small
grant recipients with the inclusion of the Kodiak Area Mentor Program at $4200 each.
SYMMONS moved to amend the motion to reduce each small grant to $4100 and fund the
Special Olympics at $1000.
ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT CARRIED FIVE TO TWO:
Skinner, Symmons, Van Daele, Kavanaugh, and Schroeder (Ayes); Smiley and Crow (Noes).
ROLL CALL VOTE ON MOTION TO AMEND AS AMENDED CARRIED UNANIMOUSLY:
Smiley, Symmons, Van Daele, Crow, Kavanaugh, Schroeder, and Skinner.
ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Symmons,
Van Daele, Crow, Kavanaugh, Schroeder, Skinner, and Smiley.
2. Resolution No. FY2019-08 Appointing A Member To The Kodiak Fisheries Development
Association.
VAN DAELE moved to adopt Resolution No. FY2019-08.
The Kodiak Island Borough and the City of Kodiak jointly designated the Kodiak Fisheries
Development Association (KFDA) as the Eligible Crab Community Entity (ECCE). The by-laws
of the KFDA provide for the appointment of directors to the Board by the Kodiak Island Borough
Assembly and the Kodiak City Council for three-year terms.
Mr. Tuck Bonney's and Mr. Jerry Bongen's seats/terms expired July 2017. Mr. Tuck Bonney and
Mr. Jerry Bongen had indicated their desire to be reappointed. These seats were also advertised
on the Kodiak Daily Mirror, the website, and social media.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, Kavanaugh,
Schroeder, Skinner, Smiley, and Symmons.
Ordinances for Introduction
None.
Other Items
1. Approval Of A Letter Of Support To Kodiak Area Native Association's Application To The
Health Resources And Services Administration Service Area Competition Funding.
CROW moved to approve the letter of support to Kodiak Area Native Association's application
for the Health Resources And Services Administration Service Area Competition Funding.
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On July 24, 2018, the Borough Mayor received a request for a letter of support from the Kodiak
Area Native Association (KANA).
KANA was preparing an application in response to the Health Resources and Services
Administration Service Area Competition notice of funding opportunity. KANA had been providing
primary health care services to all residents living in the village communities since 2013 and
expanded their service area in 2015 to encompass all residents in all communities. If funded,
KANA will continue to ensure access to affordable, quality primary health care services for
communities and vulnerable populations currently served by KANA.
The letter of support was due on Friday, August 17, 2018.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Kavanaugh, Schroeder,
Skinner, Smiley, Symmons, and Van Daele.
2. Declaring A Seat Vacant On The Planning And Zoning Commission (Mr. Jay Baldwin).
SKINNER moved to accept, with regret, the resignation of Mr. Jay Baldwin, effective July 23,
2018, from the Planning and Zoning Commission for a term to expire December 2019, and direct
the Borough Clerk to advertise the vacancy per Borough code.
On July 23, Mr. Baldwin submitted his resignation from the Planning and Zoning Commission for
a term to expire December 2019. This resignation will be effective July 23, 2018.
2.100.070 Vacancies.
A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when
a member:
2. Resigns and the resignation is accepted;
D. In the event of a vacancy on a board, committee, or commission for any reason other than
normal expiration of a term of office, the clerk shall cause notice thereof to be published at least
twice in a newspaper of general circulation within the borough. The notice shall set forth the
vacancies and any qualifications of members. The appointing authority shall appoint a new
member for the remaining unexpired term in accordance with KIBC 2.100.030.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner,
Smiley, Symmons, Van Daele, and Crow.
CITIZENS' COMMENTS
Scott Arndt asked the Assembly to exempt the Kodiak Island Borough from the Alaska Public
Offices Commission financial disclosure requirements. He voiced opposition to the Mayor's ruling
of the conflict of interest for Assembly member Symmons.
Jeff Stewart spoke concerning parliamentary procedure regarding the ruling on the conflict of
interest matter. He spoke concerning hours of operation at the landfill and suggested that the
Assembly consider making special provisions in the next contract for waste collection. He also
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suggested the Assembly consider creating a regular news page in the local paper to inform and
educate the public on government activities and issues.
ASSEMBLY MEMBERS'COMMENTS
Assembly member Schroeder appreciated the time the Assembly put into evaluating the non-
profit applications for funding and he looked forward to reviewing the process and improving
upon it.
Assembly member Smiley felt the discussion of non -profits went well and the Assembly was
willing to work with one another to compromise and accomplish the task.
Assembly member Crow spoke regarding concerns emerging from various service area boards
and commented on the precedent that could be set by a conflict of interest ruling. He noted that
he was not running for re-election and encouraged people to file for candidacy.
Assembly member Kavanaugh appreciated the level of service and sacrifice from members of
the community. Invited the public to volunteer, contribute, and engage with non -profits in the
community. She cautioned that the Assembly should be careful with how the tourism fund is used
in the future. She hoped that the Assembly would soon have an update on the Spaceport Kodiak
facility. She appreciated that the manager mentioned All The Queen's Horses and encouraged
the public to view the film.
Assembly member Symmons admired the public's attendance of the meeting, thanked the
service district members who came, thanked Johnny Walker for extending an invitation to visit
the Kodiak Island Food Bank, and expressed gratitude for the direction the Assembly gave to
the service district chairs at the meeting. He suggested that the Borough hire someone to provide
training for non-profit entities in an effort to help them raise funds on their own. Thanked James
Turner for running for a seat on the Assembly. He addressed the idea of opting out of the financial
disclosure requirements for the Alaska Public Office Commission for the Planning and Zoning
Commission.
Assembly member Skinner discussed the attorney hiring process. She noted that a discussion
regarding hours of operation at the landfill is scheduled for the work session on August 30 and
she looked forward to having the non-profit process debrief discussion soon. She stated that she
was interested in hearing more about Bayview Service District's proposal for vacation of right-of-
way. She reminded the public that Assembly is looking for applicants to serve on the Kodiak
Consolidation Committee. She commented on the process of ruling on conflicts of interest issues.
Assembly member Van Daele encouraged members of the public to get involved in the
community through volunteerism and to run for public office.
Announcements
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Mayor Rohrer announced the following:
The next Assembly work session is scheduled on Thursday, August 09, 2018 at 6:30 p.m. in the
School District Conference Room. The next regular meeting is scheduled on Thursday, August
16, 2018 at 6:30 p.m. in the Borough Assembly Chambers.
The Notice of Public Meetings and assembly meeting agendas were available on the KIB
website, posted on the KIB Facebook page, and were also posted at the library, Safeway, and
Borough building. Those who do not have internet, may call the Borough meeting notification line
at 486-9315.
The Primary Absentee -In -Person voting will start on Monday, August 6, 2018 in the Clerk's office
from 9 a.m. to 4 p.m. The deadline to submit Absentee -By -Mail application is August 11, 2018.
The Primary election will be on August 21, 2018. The polls will be open from 7 a.m. to 8 p.m.
The Candidacy packets for Assembly/School Board seats and Service Area Board seats were
available online and in the Borough Clerk's Office. Please call 486-9310 for additional
information. The deadline for filing is August 15 by 4:30 p.m.
ADJOURNMENT
SCHROEDER moved to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
The meeting was adjourned at 10:27 p.m.
AT'EST:
Nova M. Javier, MMC, B rough Clerk v
KODIA ISLAND BOROUGH
Daniel A. Rohrer, Mayor
Approved on: October 18, 2018
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