2023-07-20 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
July 20, 2023
A regular meeting of the Kodiak Island Borough Assembly was held on July 20, 2023, in the
Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough
Manager Aimee Williams, Finance Director Dora Cross, CDD Acting Director Seema Garoutte,
E&F Director Dave Conrad, Borough Clerk Nova M. Javier, and Deputy Clerk Lina Cruz.
1. INVOCATION
The invocation was given by Major David Davis of the Salvation Army.
2. PLEDGE OF ALLEGIANCE
Mayor Arndt led the Pledge of Allegiance.
3. STATEMENT OF LAND ACKNOWLEDGEMENT
We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we
acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture
that enriches our community to this day.
4. ROLL CALL
Present were Mayor Scott Arndt, Assembly Members Joseph Delgado, Jared Griffin,
Larry LeDoux, Ryan Sharratt, Scott Smiley, and James Turner.
5. APPROVAL OF AGENDA AND CONSENT AGENDA
SMILEY moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
6. *APPROVAL OF MINUTES (APPROVED UNDER CONSENT AGENDA)
A. Regular Meeting Minutes of June 15, 2023
7. CITIZENS' COMMENTS
The following spoke under citizen's comments:
•
Deborah Carver
•
Teresa Storch
•
Amy Durand
•
Heather Preece
•
Michael Milligan
•
Peyton Callahan
•
Linda Lance
•
Katherine Sloan
•
Claudia Anderson
•
Breanna Cooper
•
Judy Phillips
•
Leah Zachar
Kodiak Island Borough
July 20, 2023
James Patterson
Blythe Brown
Mary Forbes
Mary Jane Longrich
Alyssa Hogue
Seema Garoutte, Assessor/CDD
Acting Director
Carlene McChesney
Robin Cassidy
Major Dave Davis
Patt Gibbs
Andi Olsen
Assembly Regular Meeting Minutes
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• Mel Stephens • Kim Sibrel
• Breanna Peterson • Joan Brodie
• Colin Griffin • Mike Dolph
• Andrew Sablon
8. AWARDS AND PRESENTATIONS — None.
9. COMMITTEE REPORTS — None.
10. PUBLIC HEARING — None.
11. BOROUGH MANAGER'S REPORT
Borough Manager Williams provided a manager's report, and it was included in the
meeting packet.
12. MESSAGES FROM THE BOROUGH MAYOR — None.
13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS
Mayor Arndt recessed the regular meeting for 10 minutes at 7:42 p.m. before convening
a quasi-adjudicatory hearing for Good Cause Determinations for Senior Citizens and
Disabled Veterans Exemptions.
A. Good Cause Determination For Late File Senior Citizen Or Disabled Veteran
Exemption Applications
1. LEDOUX moved that the Assembly finds that Mr. Michael Dolph has
presented good cause under KIBC 3.35.030 (D) for his failure to timely file
an application for Senior Citizen exemption, and that the Assessor is directed
to accept the application as timely filed for the property located at 326 Plover
Way, Kodiak, AK 99615.
ROLL CALL VOTE ON THE MOTION FAILED FOUR TO THREE: Delgado,
Smiley, Turner (NOES); Griffin, Ledoux, and Sharratt (AYES). Mayor Arndt's
vote broke the tie.
TURNER moved to table the good cause determination for late file senior
citizen exemption application for Mr. Michael Dolph until all the other cases
have been heard.
ROLL CALL VOTE ON THE MAIN MOTION FAILED FOUR TO TWO:
Griffin, LeDoux, Sharratt, and Smiley (NOES); Delgado and Turner (AYES).
SMILEY moved that the Assembly finds that Mr. Michael Dolph has failed to
present good cause under KIBC 3.35.030 (D) for his failure to timely file an
application for Senior Citizen exemption, and that the Assessor is directed
to reject the application as not timely filed for the property located at 326
Plover Way, Kodiak, AK 99615.
Kodiak Island Borough Assembly Regular Meeting Minutes
July 20, 2023 Page 2 of 7
ROLL CALL VOTE ON THE MAIN MOTION CARRIED FOUR TO THREE:
Smiley, Turner, and Delgado (AYES); LeDoux, Sharratt, and Griffin (NOES).
Mayor Arndt's vote broke the tie.
By unanimous voice vote, the following findings of fact were adopted:
• The applicant failed to timely file before the application deadline of
January 17, 2023, and failed to show good cause for not filing before the
deadline.
2. SMILEY moved that the Assembly finds that Ms. Rebecca Dawn has
presented good cause under KIBC 3.35.030 (D) for her failure to timely file
an application for Senior Citizen exemption, and that the Assessor is directed
to accept the application as timely filed for the property located at NHN
Spruce Island, Ouzinkie, AK 99644.
ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Sharratt,
Smiley, Delgado, Griffin, and LeDoux (AYES); Turner (NO).
By unanimous voice vote, the following findings of fact were adopted:
• The applicant failed to timely file before the application deadline of
January 17, 2023, but showed good cause for not filing before the
deadline.
3. TURNER moved that the Assembly finds that Ms. Bernadette Deplazes has
failed to present good cause under KIBC 3.35.030 (D) for her failure to timely
file an application for Senior Citizen exemption, and that the Assessor is
directed to reject the application as not timely filed for the property located
at 522 Leta Street, Kodiak, AK 99615.
ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Smiley,
Turner, Delgado, Griffin, and LeDoux (AYES); Sharratt (NO).
By unanimous voice vote, the following findings of fact were adopted:
• The applicant failed to timely file before the application deadline of
January 17, 2023, and failed to show good cause for not filing before the
deadline.
4. SMILEY moved that the Assembly finds that Mr. Walter Sargent has
presented good cause under KIBC 3.35.030 (D) for his failure to timely file
an application for Senior Citizen or exemption, and that the Assessor is
directed to accept the application as timely filed for the property located at
1830 Mission Road, Kodiak, AK 99615.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner,
Delgado, Griffin, LeDoux, Sharratt, and Smiley.
By unanimous voice vote, the following findings of fact were adopted:
• The applicant failed to timely file before the application deadline of
January 17, 2023, but showed good cause for not filing before the
Ldeadline.
Kodiak Island Borough Assembly Regular Meeting Minutes
July 20, 2023 Page 3 of 7
5. SMILEY moved that the Assembly finds that Mr. Robert Bushell has
presented good cause under KIBC 3.35.030 (D) for his failure to timely file
an application for Disabled Veteran exemption, and that the Assessor is
directed to accept the application as timely filed for the property located at
1626 Sawmill Circle, Kodiak, AK 99615.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado,
Griffin, LeDoux, Sharratt, Smiley, and Turner.
By unanimous voice vote, the following findings of fact were adopted:
• The applicant failed to timely file before the application deadline of
January 17, 2023, but showed good cause for not filing before the
deadline.
6. SMILEY moved that the Assembly finds that Mr. Robert Coyle has failed to
present good cause under KIBC 3.35.030 (D) for (his/her) failure to timely
file an application for Disabled Veteran exemption, and that the Assessor is
directed to reject the application as not timely filed for the property located
at 12758 S Russian Creek Road, Kodiak, AK 99615.
ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO THREE: Smiley,
Turner, and Delgado (AYES); Griffin, LeDoux, and Sharratt (NOES). Mayor
Arndt's vote broke the tie.
By unanimous voice vote, the following findings of fact were adopted:
• The applicant failed to timely file before the application deadline of
January 17, 2023, and failed to show good cause for not filing before the
deadline.
Mayor Arndt closed the quasi-adjudicatory hearing and recessed for ten
minutes at 8:54 p.m. before reconvening the regular meeting.
At the end of each appeal, Mayor Arndt stated the following:
According to Appellate Rule 60Z the Appellant or the Assessor has the right
of appeal to the Superior Court of the State of Alaska from the final decision.
Should you wish to exercise your right of appeal, you must do so by notifying
the Borough attorney and initiating the process within 30 days from the date
of this written decision. Failure to do so will forever bar you from any appeal
of this case.
14. CONSIDERATION OF CALENDAR - NEW BUSINESS
14.A. CONTRACTS
Contract No. FY2019-10U, Change Order No. 21, Authorization For
Architectural And Engineering Services Term Contract for Design For The North
Star Elementary School Roof & Skylight Replacement Project
SMILEY moved to authorize the Manager to approve Contract No. FY2019-10U,
Change Order No. 21, authorization for architectural and engineering services
Kodiak Island Borough
July 20, 2023
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term contract for Design of the North Star Elementary School Roof & Skylight
Replacement Project in an amount not to exceed $99,423.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux,
Sharratt, Smiley, Turner, Delgado, and Griffin.
2. Contract No. FY2019-10V, Change Order No. 22, Authorization For Architectural
And Engineering Services Term Contract For Design Of The East Elementary
School Roof Replacement Project
SMILEY moved to authorize the Manager to approve Contract No. FY2029-10V,
Change Order No. 22, for Architectural and Engineering Services Term Contract
for design of the East Elementary School Roof Replacement Project in an
amount not to exceed $130,168.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Sharratt,
Smiley, Turner, Delgado, Griffin, and Ledoux.
3. Contract No. FY2022-30E, Change Order No. 5, Authorization For The Landfill
Stage 3 Closure Project With Brechan Construction LLC
SMILEY moved to authorize the Manager to approve Contract No. FY2022-30E,
Change Order No. 5, for additional blasting and processing of shot rock for the
Landfill Stage 3 Closure Project with Brechan Construction LLC in an amount
not to exceed $235,000.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley,
Turner, Delgado, Griffin, Ledoux, and Sharratt.
4. Contract No. FY2024-02 Provision Of Destination Marketing And Tourism
Development Services With Discover Kodiak
SMILEY moved to authorize the Manager to approve Contract No. FY2024-02,
Provision of Destination Marketing and Tourism Development Services with
Discover Kodiak in the amount of $75,000.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner,
Delgado, Griffin, Ledoux, Sharratt, and Smiley.
5. Contract No. FY2024-03 A Memorandum Of Agreement Between The State Of
Alaska Department Of Transportation And Public Facilities And The Kodiak
Island Borough For A Sargent Creek And Russian Creek Bridges Planning And
Environmental Linkages (PEL) Study
SMILEY moved to authorize the manager to approve Contract No. FY2024-03,
A Memorandum of Agreement between the State of Alaska Department of
Transportation and Public Facilities and the Kodiak Island Borough for a Sargent
Creek and Russian Creek Bridges Planning and Environmental Linkages (PEL)
Study.
Kodiak Island Borough Assembly Regular Meeting Minutes
July 20, 2023 Page 5 of 7
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado,
Griffin, Ledoux, Sharratt, Smiley, and Turner.
6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island
Borough And The Kodiak Island Borough School District To Redirect Money
From Main Elementary Roof Project To Tremco Walking Patch Project And
North Star Roof And Skylight Replacement Project
SMILEY moved to authorize Manager to execute Contract No. FY2024-05
memorandum of agreement between the Kodiak Island Borough and the Kodiak
Island Borough School District to redirect money from Main Elementary Roof
Project to Tremco Walking Patch Project and North Star Roof and Skylight
Replacement Project.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin,
Ledoux, Sharratt, Smiley, Turner, and Delgado.
Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and
International Brotherhood of Electrical Workers
Clerk's Note: No Action taken.
14.13. RESOLUTIONS
1. Resolution No. FY2024-03 Allocating Fiscal Year 2024 Kodiak Island Borough
Nonprofit Funding 0
Mayor Arndt asked the Assembly members to disclose any actual or perceived
conflicts of interest.
Assembly Member Griffin requested a conflict of interest ruling due to his
connections with several non-profit organizations that submitted grant
applications.
Mayor Arndt ruled that Assembly Member Griffin does have a conflict of interest
and asked him to abstain and be excused from participation in discussion of
Kodiak Arts Council, KMXT, and Kodiak College. The mayor also ruled that
Assembly Member Griffin who declared a conflict of interest will be allowed to
discuss and vote on funding the organizations that he is not associated with and
abstain to participate and vote on those organizations directly related to his
conflicts.
LEDOUX moved to appeal the ruling of the Mayor with regards specifically to
the Kodiak College, there is no direct financial conflict between the Kodiak
College and Assembly Member Griffin.
SMILEY moved to adopt Resolution No. FY2024-03.
SMILEY moved to amend Resolution No. FY2024-03 non-profit list from the July
13 Work Session and reduce the Alutiiq Museum to 0, reduce all others in the
Kodiak Island Borough
July 20, 2023
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requests for $5,000 or less group by 6.5 %, and reduce all the ones in the greater
than $5,000 up to $25,000 group by 6.5% to get $25,000 for the Salvation Army.
SHARRATT moved to amend Resolution No. FY2024-03 non-profit list from the
July 13 Work Session and give the Brother Francis Shelter $18,000, KMXT $15,
000, the Kodiak Womens Resource & Crisis Center $25,000, Rural Cap $15,
000, the Salvation Army $25,000, fully fund the Senior Citizen's of Kodiak at $25,
000, American Red Cross at $4,000, Hope Community Resources at $8,500,
Hospice and Palliative Care of Kodiak $5,000, Humane Society of Kodiak at
$3,000, Independent Living Center at $5,000, Island GRAD Project at $2,500,
Kodiak Area Transit System at $10,000, Kodiak KINDNESS Project at $3,000,
Kodiak Teen Court at $5,000, full funding request for Kodiak Soil and Water
Conservation District at $5,000, Chiniak Public Library at $2,000, UAF Kodiak
Seafood & Marine Science Center at $25,000, Kodiak College at $50,000,
Kodiak Area Mentor Program at $3,000, Kodiak Arts Council at $5,000, Kodiak
Maritime Museum at $0, Kodiak History Museum at $0, and Kodiak History
Museum at $0.
TURNER moved to recess the meeting until Saturday July 22, 2023 at 10 A.M
ROLL CALL VOTE ON THE MOTION TO APPEAL RULING CARRIED
UNANIMOUSLY: LeDoux, Sharratt, Smiley, Turner, and Delgado.
ROLL CALL VOTE ON SECOND AMENDMENT TO MOTION FAILED FOUR
TO TWO: Turner, Delgado, Griffin, and LeDoux (NOES); Sharratt and Smiley
(AYES).
ROLL CALL VOTE ON THE MOTION TO RECESS CARRIED FOUR TO TWO:
Smiley, Turner, Delgado, and Griffin (AYES); LeDoux and Sharratt (NOES).
17. ADJOURNMENT
Clerk's Note: The meeting was recessed until Saturday July 22, 2023 at 10 A.M. in
the Borough Assembly Chambers.
KODIAK ISLAND BOROUGH
Scott Arndt, Borough Mayor
Kodiak Island Borough
July 20, 2023
ATTEST:
ova M. Javier, Boro gh Clerk
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