2024-03-21 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
March 21, 2024
A regular meeting of the Kodiak Island Borough Assembly was held on March 21, 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 Steven Ames, Jared Griffin, Scott
Smiley, and Bo Whiteside.
SMILEY moved to excuse Assembly members LeDoux and Sharratt who were absent
due to personal leave and Assembly Member Turner due to medical reasons.
ROLL CALL VOTE ON THE MOTION FAILED THREE TO ONE: Ames, Smiley, and
Whiteside (AYES), Griffin (NO)
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 March 7, 2024
7. CITIZENS' COMMENTS
The following spoke under citizen's comments:
• Seema Garoutte, Assessor Tanya Kitka
• John Whiddon
Kodiak Island Borough Assembly Regular Meeting Minutes
March 21, 2024 Page 1 of 5
8. AWARDS AND PRESENTATIONS — None.
9. COMMITTEE REPORTS
• Assembly Member Griffin reported on the recently held Health and Facilities
Advisory Board meeting and his recent attendance to the SWAMC Annual
Conference in Anchorage. He announced the upcoming meeting of the Kodiak
Island Borough and City of Kodiak Joint Fisheries Work Group.
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
14. CONSIDERATION OF CALENDAR - NEW BUSINESS
14.A. CONTRACTS — None.
14.B. RESOLUTIONS
1. Resolution No. FY2023-03B A Resolution Of The Assembly Of The Kodiak
Island Borough Amending The Kodiak Island Borough Records Retention
Schedule And Central Filing System To Reflect Amendments To The Finance
Department Records Series
SMILEY moved to adopt Resolution No. FY2023-03B.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin,
Smiley, Whiteside, and Ames.
2. Resolution No. FY2024-15 Approving The Native Village Of Karluk And The
Karluk IRA Tribal Council As An Unincorporated Community For Participation In
The FY25 Community Assistance Program
SMILEY moved to adopt Resolution No. FY2024-15.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley,
Whiteside, Ames, and Griffin.
3. Resolution No. FY2024-18 Designating The Individual Who Will Serve As
Temporary Administrative Official During The Absence Of The Regular
Administrative Official
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March 21, 2024 Page 2 of 5
SMILEY moved to adopt Resolution No. FY2024-18.
GRIFFIN moved to amend Resolution No. FY2024-18 line 20 from April 6, 2024,
through May 3, 2024.
ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY:
Whiteside, Ames, Griffin, and Smiley.
ROLL CALL VOTE ON THE MOTION AS AMENDED CARRIED
UNANIMOUSLY: Ames, Griffin, Smiley, and Whiteside.
4. Resolution No. FY2024-19 Authorizing The Manager To Accept The 2022 State
And Local Cyber Security Grant (SLCGP)
SMILEY moved to adopt Resolution No. FY2024-19.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin,
Smiley, Whiteside, and Ames.
14.C. ORDINANCES FOR INTRODUCTION
1. Ordinance No. FY2024-17 An Ordinance Of The Assembly Of The Kodiak Island
Borough Amending Title 2 Administration And Personnel, Section 2.30 Rules Of
The Assembly, Sections 2.30.060 Order Of Business And Agenda, And Section
2.30.070 Ordinances, Resolutions, And Motions To Update Processes For
Agenda Setting And Submission Of Items
SMILEY moved to advance Ordinance No. FY2024-17 to public hearing at the
next regular meeting of the Assembly.
SMILEY moved to postpone Ordinance No. FY2024-17 as an Ordinance for
Introduction at the May 2, 2024, regular meeting.
ROLL CALL VOTE ON THE MOTION TO POSTPONE CARRIED
UNANIMOUSLY: Smiley, Whiteside, Ames, and Griffin.
14.D. OTHER ITEMS —None.
15. CITIZENS' COMMENTS — None.
16. ASSEMBLY MEMBERS' COMMENTS — None.
17. EXECUTIVE SESSION
A. Litigation Update And Discussion Regarding Claims Filed By Rebecca Nelson
Against The Kodiak Island Borough And Bayside Fire Department
Kodiak Island Borough Assembly Regular Meeting Minutes
March 21, 2024 Page 3 of 5
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 UNANMOUSLY: Whiteside,
Ames, Griffin, and Smiley.
SMILEY moved to invite the Mayor, Assembly, Borough Manager, Borough
Clerk's Office Staff, Fire Protection Area No.1 Members Carstens and Vandyke
into executive session.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
After the vote, Mayor Arndt recessed the regular meeting at 7:10 p.m. and
convened the executive session at 7:18 p.m.
Upon returning from the executive session, Mayor Arndt reconvened the regular
meeting at 8:33 p.m.
SMILEY moved to direct the Borough Manager to Pay the $100,000 deductible
in the case of Rebecca Nelson.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Ames,
Griffin, Smiley, and Whiteside.
B. 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)(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 UNANIMOUSLY: Griffin,
Smiley, Whiteside, and Ames.
SMILEY moved to invite the Mayor, Assembly, Borough Manager, Assessor,
and Borough Clerk's Office Staff into Executive Session.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
Kodiak Island Borough Assembly Regular Meeting Minutes
March 21, 2024 Page 4 of 5
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 8:43 p.m.
SMILEY moved to authorize the Borough Manager to pay the attorney's fees
plus costs, interests, and other applicable fees.
18. ADJOURNMENT
SMILEY moved to adjourn the meeting at 8:44 p.m.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
KODIAK ISLAND BOROUGH
ATTEST:
Scott Arndt, Borough Mayor
Nova M. Javier, Borough r
jerk
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March 21, 2024 Page 5 of 5