08/18/2016 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
August 18, 2016
A regular meeting of the Kodiak Island Borough Assembly was held on August 18, 2016, 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 Friend led the
Pledge of Allegiance.
Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank
Peterson Jr., Dan Rohrer, Scott Smiley, and Dennis Symmons. Also present were Borough
Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Laurie Pardoe.
CROW moved to excuse Assembly member Rebecca Skinner who was absent due to personal
leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
PETERSON moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
Special meeting minutes of May 31, 2016 were approved under the consent agenda.
CITIZENS' COMMENTS
Judi Kidder commented on the moratorium of enforcing of prohibiting chickens. She also
commented on the road blocks they are experiencing regarding insurance bonding and
asbestos testing for the relocation of the trailers at the Jackson's Mobile Home Park (JMHP).
Sara Fish ask the Assembly to move forward with the seedling contract.
AN Thomas and Judy Hamilton spoke in support of an ordinance that would allow them to keep
their chickens and noted that people should be able to provide and feed themselves..
David Masinter expressed appreciation for all the time and effort the Assembly commits to the
different boards and committees. He asked for the Assembly's assistance concerning the road
blocks JMHP mobile home owners were experiencing. He also was in support of allowing
residents their chickens.
Scott Bonney, Teresa Bonney, Dave Odell, and Monique Lewis asked the Assembly to proceed
with the replanting of trees in Chiniak.
Kodiak Island Borough Assembly Regular Meeting Minutes
August 18, 2016 Page 1736
Lorna Arndt expressed disappointment that elected officials were not listening to the voice of
the public.
AWARDS AND PRESENTATIONS
Finance Director Dora Cross presented a brief departmental update to the Assembly touching
on the following subjects:
• General fund summary by department
• Other various funds
• Current fiscal year
• Bond refinancing options
• Legally accessible interest earnings fund possibility money from facilities fund toward
that gap.
COMMITTEE REPORTS
Fire Chief Howard Rue from the Bayside Fire Department provided reports about Insurance
Services Office (ISO) ratings and Bayside Fire Department volunteers getting training.
PUBLIC HEARING
None.
BOROUGH MANAGER'S REPORT
Manager Powers briefly reported on the following:
• Citizen advisement on how to appropriately approach neighbors rather than reporting
them to the Borough for enforcement
• Noted that codes were enforced on a complaint driven basis and that staff members do
not go out to look for code violations
• Staff met with the Department of Environmental Conservation Commissioner regarding
the incinerator issues and looking for a project as a settlement in lieu of the fine for the
violation
MESSAGES FROM THE BOROUGH MAYOR
Mayor Friend reported on the following:
• Thanked Sara Fish and Moe Butler for their coordination of the tsunami shelter in
Chiniak
• Thanked Assembly member Rohrer for running for the mayoral seat and the others who
had turned in their nominating packets for the Assembly seats
• Staff from the Federal Reserve were coming to Kodiak to tour the different facilities
UNFINISHED BUSINESS
1. Contract No. FY2017-09 A Sole Source Agreement To Purchase 300,000 Spruce Tree
Seedlings From Koncor Forest Products For A Spring 2017 Planting Season.
Kodiak Island Borough Assembly Regular Meeting Minutes
August 18, 2016 Page 1737
The motion on the floor was: move to approve KIB Contract No. FY2017-09 in the amount of
$120,231.00.
At the July 14, 2016 Assembly work session, the Assembly directed staff to prepare a contract
to purchase 300,000 Spruce Tree seedlings from Koncor Forest Products. Staff had prepared
an agreement for the Assembly's consideration. The agreement was a little different from
typical purchase agreements in that the product was coming from a third party. The agreement
was intended to hold the seller accountable for warranty of the product through their agreement
with the nursery PRT USA. The agreement had an exception for assignment to the nursery if
PRT USA was willing to accept the terms of the agreement, subject to borough approval.
The agreement also proposed a sole source procurement in the interest of getting the seedlings
for a spring 2017 planting season.
In the interest of time, staff had submitted the agreement to the borough attorney for review to
ensure that a reply would be received well before the August 4, 2016 regular meeting.
The contract was postponed from August 4 to the August 18th Regular Meeting.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Crow, LeDoux, Peterson, Rohrer,
and Smiley (Ayes); and Symmons (No).
NEW BUSINESS
Contracts
None.
Resolutions
None.
Ordinances for Introduction
1. Ordinance No. FY2017-16 Amending Sections of Kodiak Island Borough Code Title 18
Borough Real Property, Chapter 18.20 Real Property Disposal - In General To Address
Certain Methods and Means of Borough Land Disposal Process.
ROHRER moved to adopt Ordinance No. FY2017-16 in first reading to advance to public
hearing at the next regular meeting of the Assembly.
Proposed Ordinance No. FY2017-11 had been recommended to the Assembly by the Borough
Lands Committee (BLC) in order to address certain matters related to borough land disposal
and land sales. The BLC established a subcommittee of its members in order to delve into the
various provisions of KIBC Chapter 18.20 Real Property Disposal - In General. The
subcommittee met over the course of several months to consider all provisions of KIBC 18.20.
In the end, the subcommittee recommended a fairly limited range of recommended
amendments. The recommendation was subsequently reviewed by the full BLC and forwarded
on to the assembly with the committee's recommendation.
Kodiak Island Borough Assembly Regular Meeting Minutes
August 18, 2016 Page 1738
ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: LeDoux, Rohrer, Smiley, Symmons,
and Crow (Ayes); Peterson (No).
Other Items
None.
CITIZENS' COMMENTS
Judi Kidder reiterated her comments about the assistance needed to make land available to
transfer the JMHP mobile homes to.
AN Thomas thanked the Assembly for approving Contract No. FY2017-09. She suggested Staff
cease writing the enforcement letters and to work towards a more permanent solution by
amending the codes.
Teresa Bonney and Scott Bonney thanked the Assembly for approving Contract No. FY2017-
09.
Barbara Bigelow, Providence Kodiak Island Medical Center Chief Executive Officer reported a
positive result of the facility review. Per consultant advice, a few deficiencies were already being
slated for correction for full compliance.
Dave Masinter expressed concern about the application for a permit to move a conex van to
storage that was bigger than 120 square feet. He asked for assistance to fix the ordinance to
allow it on a residential lot.
Betty MacTavish thanked Assembly member Rohrer for his candidacy to the Mayoral seat. She
noted that the Assembly members were attentive to the concern regarding the moratorium of
enforcement on the chickens but were slow in addressing restrictions in the movement of the
mobile homes.
ASSEMBLY MEMBERS' COMMENTS
Assembly member LeDoux expressed his concern about spot zoning. He noted the length of
time taken on amending codes. He was proud to be a part of a hardworking Assembly.
Assembly member Symmons noted that it was tough to sit and watch Assembly members get
attacked during citizen's comments. He said that there was no magic button but they were doing
their best. Glad to see that a moratorium ordinance addressing chickens was forthcoming.
Assembly member Smiley thanked staff for working on the Chiniak replanting issue and the BLC
for its recommendation to the assembly. He also thanked Finance Director Dora Cross and staff
for coming up with creative solutions instead of drawing on the fund balance.
Kodiak Island Borough Assembly Regular Meeting Minutes
August 18, 2016 Page 1739
Assembly member Crow made comments about the government process as it related to the
resolving issues for the community. He encouraged the citizens to run for office.
Announcements
A Joint Work Session with the City Council would be held on August 23 at 7:30 p.m. in the
Kodiak City Library. The next Assembly work session would be held on Thursday, August, 25 at
6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting was
scheduled for Thursday, September 1, at 6:30 p.m. in the Borough Assembly Chambers.
ADJOURNMENT
PETERSON moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Smiley,
Symmons, Crow, and LeDoux.
The meeting was adjourned at 8:40 p.m.
ATT T:
,I k—a ?14- 3('�" --
Nova M. Javier, MMC, B ough Clerk
Kodiak Island Borough
August 18, 2016
KOODMISND BOR H
Jerrol Friend, Mayor
Approved on: December 15, 2016
Assembly Regular Meeting Minutes
Page 1740