2024-02-01 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting Minutes February 1, 2024 A regular meeting of the Kodiak Island Borough Assembly was held on February 1, 2024, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Aimee Williams, Assessor Seema Garoutte, Borough Clerk Nova M. Javier, and Assistant Clerk Irene Arellano. 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 Member Steve Ames, Jared Griffin, Larry LeDoux, Ryan Sharratt, Scott Smiley, James Turner, and Bo Whiteside. 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 January 18, 2024 7. CITIZENS' COMMENTS The following spoke under citizen comments: • Lilian Wortem • Lindsey Glenn • Philip Ferris • Serenity Bushell • Amanda Knutzen • Judith Clayton • Yung Kiely • Molly Miller • Wade Null • Jay Gibson • Cat Allen-Devries • Brendan Harrington • Ben Jackson • Ted Hansen Kodiak Island Borough Assembly Regular Meeting Minutes February 1, 2024 Page 1 of 5 8. AWARDS AND PRESENTATIONS — None. 9. COMMITTEE REPORTS • Building Official Ted Hansen reported on the Architectural and Review Board meetings and discussed the 2024 Building code changes. • Assembly member LeDoux gave an update on the recent Parks and Recreation Committee's recent meeting. • Assembly member Sharratt reported on the recently held Architectural and Review Board meeting. • Manager Williams reported on the Prince William Sound Regional Citizens Advisory Council meeting. 10. PUBLIC HEARING A. State of Alaska Alcohol and Marijuana Control Office Liquor License Transfer of Ownership From The Liquor Cabinet, Inc To Back Bay LLC DBA Liquor Cabinet/Cost Savers #4044 SMILEY moved to voice non -protest to the State of Alaska Alcohol and Marijuana Control Office for a liquor license transfer of ownership FROM The Liquor Cabinet, Inc TO Back Bay LLC DBA Liquor Cabinet/Cost Savers located at 2161 Mill Bay Road for License No. 4044. Mayor Arndt opened the public hearing. Hearing and seeing none, Mayor Arndt closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ames, Griffin, LeDoux, Sharratt, Smiley, Turner, and Whiteside. 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 — None. 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS — None. 14.B. RESOLUTIONS — None. 14.C. ORDINANCES FOR INTRODUCTION Kodiak Island Borough Assembly Regular Meeting Minutes February 1, 2024 Page 2 of 5 14.D. OTHER ITEMS 1. Declaring A Seat Vacant On The Parks And Recreation Committee Of Mr. Travis Cooper SMILEY moved to accept with regret, the resignation of Mr. Travis Cooper effective January 17, 2024, and direct the Borough Clerk to advertise the vacancy per Borough Code 2.100.070 (D). ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Sharratt, Smiley, Turner, Whiteside, and Ames. 2. Authorization To Cancel The February 8, 2024, Work Session and February 15, 2024, Regular Meeting SMILEY moved to cancel the February 8, 2024, work session and February 15, 2024, regular meeting, and authorize the Borough Manager to schedule a special meeting as necessary. ROLL CALL VOTE ON THE MOTION FAILED UNANIMOUSLY: LeDoux, Sharratt, Smiley, Turner, Whiteside, Ames, and Griffin. 3. Authorization For The Mayor To Travel To SWAMC And To The Five Villages in Kodiak: Akhiok, Larsen Bay, Old Harbor, Port Lions, And Ouzinkie SMILEY moved to authorize the Mayor to travel to SWAMC and to the five villages in Kodiak: Akhiok, Larsen Bay, Old Harbor, Port Lions, and Ouzinkie. GRIFFIN moved to split the motion for Mayor's travel to SWAMC and to the five Villages in Kodiak. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO THREE: Smiley, Turner, Ames, and Griffin (AYES); Sharratt, LeDoux, and Whiteside (NOES). SMILEY moved to authorize the Mayor's travel to SWAMC. ROLL CALL VOTE FAILED WITH SIX TO ONE: Smiley, Turner, Whiteside, Ames, and LeDoux (NOES); Griffin (AYE). AMES moved to authorize the Mayor to travel to the five villages in Kodiak: Akhiok, Larsen Bay, Old Harbor, Port Lions, and Ouzinkie. AMES moved to amend and authorize the Mayor to travel to the six villages in Kodiak including Karluk. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Turner, Whiteside, Ames, Griffin, LeDoux, Sharratt, and Smiley. Kodiak Island Borough Assembly Regular Meeting Minutes February 1, 2024 Page 3 of 5 ROLL CALL VOTE ON THE MOTION AS AMENDED CARRIED WITH FOUR TO THREE: Ames, Griffin, Smiley, and Turner (AYES); Whiteside, LeDoux, and Sharratt (NOES). ((�� 15. CITIZENS' COMMENTS U The following spoke under citizen comments: • Debbie Rohrer • Julie Coyle • Michelle Pennington • Charles Davidson • Ashley Davis • Victoria Christiansen • Cassie Davis 16. ASSEMBLY MEMBERS' COMMENTS • Assembly member Sharratt thanked all those who spoke under citizens comments. He looked forward to seeing how the funding process will work for both the School District and the Borough. • Assembly member Smiley mentioned the need to educate people about how the school funding works. He explained that the sizeable contribution comes from the State and not the Borough. • Assembly member LeDoux commented on the complexity of putting together the school district budget due to a lot of uncertainties, and it is based on a lot of predictions. He hoped to see more intergovernmental collaboration in the future. • Assembly member Whiteside thanked everyone who came and spoke during citizens comments. He hoped that critical package of information about School o District Budget funding can be disseminated to avoid frustrations due to a lack of understanding. • Assembly member Griffin thanked all the kids who came and spoke. He was opposed to any kind of earmarking the school district funding. • Assembly member Ames agreed with everyone's comments noting that the Borough has limited control after the funding is allocated to the School District. • Assembly member Turner hoped that the public members would also voice their concerns to the School Board. He appreciated all the comments and hoped that the Assembly could start the budget process quickly. 17. EXECUTIVE SESSION 1. Litigation Update Regarding Kodiak Area Native Association v. Kodiak Island Borough, Case No. 3 KO-21-57CI SMILEY moved to convene into executive session under the authority of KIBC. 2.30.030 (F) SMILEY moved (1)(a) to discuss pending litigation to which the Borough is a party and to provide direction to the Borough Manager regarding that litigation. ROLL CALL VOTE ON THE MOTION CARRIED SIX TO ONE: Ames, Griffin, LeDoux, Smiley, Turner, and Whiteside (AYES); Sharratt (NO). SMILEY moved to invite the Mayor, Assembly, Borough Manager, Assessor, and Borough Clerk into executive session. Kodiak Island Borough Assembly Regular Meeting Minutes February 1, 2024 Page 4 of 5 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Arndt recessed the regular meeting and convened the executive session at 8:35 p.m. Upon returning from the executive session, Mayor Arndt reconvened the regular meeting at 9:35 p.m. and announced no action was taken as a result of the executive session. 2. Litigation Update And Discussion Regarding Claims Filed By Rebecca Nelson Against The Kodiak Island Borough And Bayside Fire Department SMILEY moved to convene into executive session to provide an update on the litigation filed by Rebecca Nelson against the Kodiak Island Borough. This matter qualifies for executive session per KIBC 2.30.030 (F)(1)(b) as a matter that the immediate public knowledge would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON THE MOTION CARRIED SIX TO ONE: Griffin, LeDoux, Smiley, Turner, Whiteside, and Ames (AYES); Sharratt (NO). SMILEY moved to invite the Mayor, Assembly, Borough Manager, and Borough Clerk into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Arndt recessed the regular meeting and convened the executive session at 9:36 p.m. Upon returning from the executive session, Mayor Arndt reconvened the regular meeting at 9:55 p.m. and announced no action was taken as a result of the executive session. 18. ADJOURNMENT SMILEY moved to adjourn the meeting at 10:10 pm. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH Scott Arndt, Borough Mayor Kodiak Island Borough February 1, 2024 ATTEST: Nova M. Javier, Borough CI "rk Assembly Regular Meeting Minutes Page 5 of 5