04/16/2015 Regular Meeting 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.
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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.
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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.
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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
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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.
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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