12/21/2017 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
December 21, 2017
A regular meeting of the Kodiak Island Borough Assembly was held on December 21, 2017, 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 Rohrer led the
Pledge of Allegiance.
Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Julie Kavanaugh, Andrew
Schroeder, Rebecca Skinner, Dennis Symmons, and Matthew Van Daele. Also present were
Administrative Official Bill Roberts, Borough Clerk Nova Javier and Assistant Clerk Karen
Siador.
VAN DAELE moved to excuse Assembly member Smiley who was absent due to personal
leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
VAN DAELE moved to approve the agenda and the consent agenda.
VAN DAELE moved to amend the agenda and the consent agenda by adding "waiving of the
confidentiality of the attorney-client privileged legal opinion relating to holding multiple offices
and conflicts of interests' under new business immediately.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Symmons, Van Daele,
Crow, Kavanaugh, Schroeder, and Skinner.
VOICE VOTE ON MOTION TO APPROVE AS AMENDED CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
Regular Meeting Minutes Of September 7, September 21, and October 4, 2017 were approved
under consent agenda.
CITIZENS' COMMENTS
Larry Van Daele provided some suggestions for the New Year's resolutions.
AWARDS AND PRESENTATIONS
None.
COMMITTEE REPORTS
Assembly member Van Daele spoke about the BLC meeting held last Wednesday, December
13. He also announced that BLC will hold a special meeting on December 27, 2017.
Kodiak Island Borough Assembly Regular Meeting Minutes
December 21, 2017
Assembly member Crow spoke about the December 13, 2017 Kodiak Fisheries Work Group
meeting.
PUBLIC HEARING
Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3-Multifamil
Residential District To R1 -Single -Family Residential District (P&Z Case No. 18-002).
SKINNER moved to adopt Ordinance No. FY2018-32.
This was a request to rezone the 11.8 acre Emerald Isle Estates Tract from R3 -Multifamily
Residential District to R1 -Single -Family Residential District. The subject parcel was the former
site of Jackson's Mobile Home Park. In 2015, zoning compliance was issued to change the use
from a mobile home park to residential (BZ2015-096). The applicant was nearing completion of
extinguishing the mobile home park use and had received preliminary approval for subdividing
the parcel to create twenty-one lots and one large tract to be further subdivided in the future.
This rezone request was the next step in the applicant's effort to prepare the lots to be offered
for sale to the public for residential development. The applicant desired to limit development in
the proposed subdivision to single-family dwellings and associated incidental and subordinate
uses. Accordingly, a rezone from R3 -Multifamily Residential District to R1 -Single -Family
Residential District was requested.
The Planning and Zoning Commission held a public hearing on this rezone request at their
August 16, 2017 regular meeting. The Commission voted unanimously to recommend that the
Assembly approve this rezone.
On November 21, 2107 a brief memo was provided by the Community Development Director
outlining considerations for the Assembly relating to the potential requirement of a public access
easement across the property; a suggestion that was provided during public comments during
the November 2, 2017 public hearing.
This item was postponed at the November 2, 2107 Regular Meeting due to inadequate public
notification and the item was postponed to the December 7, 2017 Regular Meeting. The
December 7, 2017 meeting was not held due to a lack of quorum and the item was carried over
to the December 21, 2017 regular meeting. 42 Notices were sent out on 11/03/2017 by the
Clerk's Office. Three notices were returned as of DECEMBER 12 and they were included in the
packet.
Mayor Rohrer opened the public hearing.
Kevin Suydam and Scott Arndt spoke about Ordinance No. FY 2018-32.
Mayor Rohrer closed the public hearing.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Kavanaugh, Schroeder, Skinner,
Symmons, and Van Daele (AYES); Crow (NO)
2. State of Alaska Alcohol and Marijuana Control Office Liquor License Transfer c
Controlling Interest For Safeway Liquor Store #2522 FROM Albertsons Companies, LL(
TO Albertsons Companies, Inc.
Kodiak Island Borough Assembly Regular Meeting Minutes
December 21, 2017 Page 2 of 14
SKINNER moved to voice non -protest to the State of Alaska Alcohol and Marijuana Control
Office for a liquor license transfer of controlling ownership for Safeway Liquor Store #2522 from
Albertsons Companies, LLC to Albertsons Companies, Inc.
The application was for a liquor license transfer of controlling interest for License No. 174
Package Store located at 502 Marine Way Kodiak, AK. currently known as Safeway Liquor
Store #2522. In this case, Safeway Inc was changing the 100% shareholder from Albertsons
Companies, LLC to Albertsons Companies, Inc.
A transfer of controlling interest was where the controlling interest of the entity had changed. In
this case, Safeway Inc is changing the 100% shareholder from Albertsons Companies, LLC to
Albertsons Companies, Inc. The difference from a transfer of ownership was that with a
controlling interest change the 'owner' stayed the same.
The only options available in Title 5.01 to treat liquor licenses were license renewals or
new/transfer license. This license is not up for renewal and should be treated as a transfer or a
new license; therefore, the Clerk's office followed the procedure in KIBC 5.01.030.
Pursuant to KIBC 5.01.040, 179 public hearing notices were mailed to those landowners within
1,500 feet of the liquor store.
This license was located within City Limits. Per AMCO, the Borough was noticed out of courtesy
on matters regarding liquor licenses within the City and the City of Kodiak is the official "Noticed
Local Governing Body." Though this was the case, the Clerk's Office still followed the transfer
liquor license procedures regardless if they were within the city limits. Any comments from the
Borough will be submitted to AMCO.
Mayor Rohrer opened the public hearing.
Hearing and seeing none Mayor Rohrer closed the public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons,
Van Daele, Crow, and Kavanaugh.
3. State of Alaska Alcohol and Marijuana Control Office Liquor License Transfer Of
Controlling Interest For Safeway Liquor Store #1090 FROM Albertsons Companies, LLC
TO Albertsons Companies, Inc.
SCHROEDER moved to voice non -protest to the State of Alaska Alcohol and Marijuana Control
Office for a liquor license transfer of controlling interest for Safeway Liquor Store #1090 from
Albertsons Companies, LLC to Albertsons Companies, Inc.
The application was for a liquor license transfer of controlling interest for License No. 2509
Package Store located at 2685 Mill Bay Road Kodiak, AK., currently known as Safeway Liquor
Store #1090. In this case, Safeway Inc. was changing the 100% shareholder from Albertsons
Companies, LLC to Albertsons Companies, Inc.
A transfer of controlling interest was where the controlling interest of the entity had changed. In
this case, Safeway Inc. was changing the 100% shareholder from Albertsons Companies, LLC
Kodiak Island Borough
December 21, 2017
Assembly Regular Meeting Minutes
Page 3 of 14
to Albertsons Companies, Inc. The difference from a transfer of ownership was that with a
controlling interest change the "owner" stayed the same.
The only options available in Title 5.01 to treat liquor licenses were license renewals or
new/transfer license. This license is not up for renewal and should be treated as a transfer or a
new license; therefore, the Clerk's office followed the procedure in KIBC 5.01.030.
Pursuant to KIBC 5.01.040, 179 public hearing notices were mailed to those landowners within
1,500 feet of the liquor store.
This license was located within City Limits. Per AMCO, the Borough was noticed out of courtesy
on matters regarding liquor licenses within the City and the City of Kodiak is the official "Noticed
Local Governing Body." Though this was the case, we still followed the transfer liquor license
procedures regardless if they were within the city limits. Any comments from the Borough will be
submitted to AMCO.
Mayor Rohrer opened the public hearing.
Hearing and seeing none Mayor Rohrer closed the public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Van Daele,
Crow, Kavanaugh, and Schroeder.
BOROUGH MANAGER'S REPORT
Administrative Official Roberts briefly reported on the following:
• An email from KIB's Juneau lobbyist Mark Hickey
• Wished everyone a Merry Christmas and a Happy and Prosperous New Year.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Rohrer briefly reported on the following:
Board, Committees, and Commissions applications
UNFINISHED BUSINESS
None.
NEW BUSINESS
1. Waiving Of The Confidentiality Of The Attorney -Client Privileged Legal Opinion
Relating To Holding Multiple Offices And Conflicts Of Interests.
VAN DAELE moved to waive the confidentiality of the attorney-client privileged legal opinion
relating to holding multiple offices and conflicts of interests.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Van Daele, Crow,
Kavanaugh, Schroeder, and Skinner
Contracts
1. Contract No. FY2018-16 Underground Storage Tank Replacement - 3 Schools
(Main Elementary, Old Harbor School and Port Lions School).
Kodiak Island Borough Assembly Regular Meeting Minutes
December 21, 2017 Page 4 of 14
VAN DAELE moved to authorize the Manager to execute Contract No. FY2018-16 with Golden
Alaska Excavating LLC of Kodiak, AK for the UST Replacement - 3 Schools project in an Amount
Not to Exceed $208,558.
Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract
exceeding $25,000 requires Assembly approval.
This contract was for construction of the UST Replacement - 3 Schools project, one of the bond
projects approved by voters in 2014. The scope of work was removal of underground fuel tanks
at Main Elementary, Old Harbor School and Port Lions School, and installation of new fuel tanks
at Main and Port Lions. The proposed contract total also included removal and stockpiling of 100
cubic yards of contaminated soil at each site. If less than 100 cubic yards was found there will be
a deductive change order for the difference. This work was scheduled to be completed during
summer 2018. Design was completed by Jensen Yorba Lott, and approved by the
Architectural/Engineering Review Board.
An invitation to bid was issued on October 17, 2017, and bids were due and opened on November
16, 2017. Five bids were received. After reviewing bids, Staff has determined that Golden Alaska
Excavating, LLC was the lowest responsive bidder. A copy of the bid tabulation was attached.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, Kavanaugh,
Schroeder, Skinner, and Symmons.
2. Contract No. FY2018-19 Paving and Underground Storage Tanks - 2 Schools (Kodiak
Middle School and Peterson Elementary).
CROW moved to authorize the Manager to execute Contract No. FY2018-19 with Brechan
Construction LLC of Kodiak, AK for the Paving and UST - 2 Schools project in an Amount Not to
Exceed $1,450,274.46.
Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract
exceeding $25,000 requires Assembly approval.
This contract was for construction of the Paving and UST - 2 Schools project, one of the bond
projects approved by voters in 2014. The scope of work was removal of the underground fuel tank
and installation of a new aboveground tank at Kodiak Middle School, and new asphalt paving at
Kodiak Middle School and Peterson Elementary. The proposed contract total also included
removal and replacement of 100 cubic yards of contaminated soil at Kodiak Middle School and
100 cubic yards of unsuitable soil at either school. If less than 100 cubic yards was found there
will be a deductive change order for the difference. Design was completed by Jensen Yorba Lott,
and approved by the Architectural/Engineering Review Board (ARB). This work was scheduled to
be completed during summer 2018.
An invitation to bid was issued on October 25, 2017, and bids were due and opened on November
30, 2017. One bid was received from Brechan Construction LLC. Staff reviewed their bid, and
had determined that it was a responsive bid.
Staff was recommending award of the Base Bid and Alternate #1. The Base Bid included two
inches of asphalt at the areas receiving new paving, and Alternate #1 will add one inch for a total
of three inches all areas. This additional paving was requested by the ARB, and will provide a
more durable and long lasting final product.
Kodiak Island Borough Assembly Regular Meeting Minutes
December 21, 2017 Page 5 of 14
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Kavanaugh, Schroeder,
Skinner, Symmons, and Van Daele.
3. Contract No. FY2018-20 East Elementary Renovation Phase Il.
CROW moved to authorize the Manager to execute Contract No. FY2018-20 with Cornerstone
General Contractors, Inc. of Anchorage, AK for the East Elementary Renovation Phase II project
in an Amount Not to Exceed $859,400.
Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract
exceeding $25,000 requires Assembly approval.
This contract was for construction of the East Elementary Renovation Phase II project, one of the
bond projects approved by voters in 2014. Phase I was completed in the summer of 2017 and
included renovation of several restrooms in the school. Phase II includes replacement of flooring,
doors, cabinets, and countertops. Several bid alternates were included for additional hazardous
material abatement and flooring areas. Design was completed by Jensen Yorba Lott, and
approved by the Architectural/Engineering Review Board. This work was scheduled to be
completed during summer 2018.
An invitation to bid was issued on October 25, 2017, bids were due and opened on December 5,
2017, and five bids were received. After reviewing bids, Staff had determined that Cornerstone
General Contractors, Inc. was the lowest responsive bidder. A copy of the bid tabulation was
attached. After discussion with the School District and review of the bid amounts and project
budget, staff was recommending award of the base bid and all five bid alternates. Award of these
bid alternates will result in new flooring throughout the school, with the exception of the gym.
Kodiak Island Borough Code 3.30.060 Local Preference allows the Assembly the discretion to
award a contract to a "responsible bidder who maintains a business office or store within the
borough from which the property or service would be provided, if that bid does not exceed the
lowest responsible bid by more than 10 percent." In this case Friend Contractors LLC was a local
contractor whose bid amount does not exceed the lowest responsible bid by more than 10
percent. However, this project was eligible for reimbursement by the State of Alaska, and 4 AAC
31.080(d) states that "The award of a contract for the construction of an educational facility under
this section must be made without regard to municipal ordinances or school board resolutions
granting a preference to local offerors." If the Assembly were to choose to award the contract to
Friend Contractors LLC based on local preference, 4 AAC 31.080(e) allows the State to "deny or
limit" their reimbursement for this project.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner,
Symmons, Van Daele, and Crow.
4. Contract No. FY2018-21 Update To The Building Inspection Program Memorandum Of
Agreement Between The Kodiak Island Borough And The City Of Kodiak
KAVANAUGH moved to direct the Borough Manager to execute Contract No. FY2018-21 Update
to the Building Inspection Program MOA between the Kodiak Island Borough and the City of
Kodiak.
Kodiak Island Borough Assembly Regular Meeting Minutes
December 21, 2017 Page 6 of 14
The Memorandum of Agreement (MOA) between the Kodiak Island Borough (KIB) and City of
Kodiak (City) outlining the municipalities' joint Building Inspection Program was originally
executed in 1988 and had not been updated since 1997. Both Borough and City staff had been
actively involved in the proposed update to the MOA that was before the Assembly.
VAN DAELE declared a conflict of interest as he worked on the MOA on behalf of the City.
Instead of a ruling from the Mayor, SCHROEDER moved to excuse Assembly member Van Daele
who wished to abstain from voting.
ROLL CALL VOTE ON MOTION TO EXCUSE ASSEMBLY MEMBER VAN DAELE CARRIED
UNANIMOUSLY: Skinner, Symmons, Crow, Kavanaugh, and Schroeder.
SKINNER moved to amend Contract No. FY2018-21 by adding sunset clause and postponing it
to the end of June 30, 2018.
ROLL CALL VOTE ON THE MOTION TO AMEND AND POSTPONE CARRIED: Skinner,
Symmons, Crow, Kavanaugh, and Schroeder. Van Daele was excused from voting.
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Symmons, Crow,
Kavanaugh, Schroeder, and Skinner. Van Daele was excused from voting.
Resolutions
1. Resolution No. FY2018-21 A Joint Resolution Of The Kodiak Island Borough Assembly
And City Of Kodiak Council Documenting The Kodiak Fisheries Work Group's Scope
And Authority.
VAN DAELE moved to adopt Resolution No. FY2018-21.
The Kodiak Fisheries Work Group (KFWG) was recommending the following changes to the
existing KFWG Scope and Authority:
1. Changing the composition of KFWG from 6 to 4 representatives (2 from the City and 2
from the Borough).
2. Removing the City and Borough managers as ex -officio members.
3. Changing the quorum requirement to three and allowing teleconference participation of
members per Ordinance adopted. (Assuming that the existing Assembly ordinance for
teleconferencing will be followed).
4. Removing the requirement to take notes/summary. Instead, meetings will be recorded and
such audio recordings will be posted on the website.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Van Daele, Crow,
Kavanaugh, Schroeder, and Skinner.
2. Resolution No. FY2018-17 Extending The Lease For The Providence Kodiak Island
Counseling Center To Allow Adequate Time To Negotiate And Sign A New 3 -Year
Lease.
VAN DAELE moved to adopt Resolution No. FY2018-17.
Kodiak Island Borough Assembly Regular Meeting Minutes
December 21, 2017 Page 7 of 14
The Kodiak Island Borough Attorney issued an opinion stating that Leases of Kodiak Island
Borough buildings were considered disposals under Alaska State Law. According to Kodiak Island
Borough Code 18.20.020, all land/property disposals were subject to review and recommendation
from the Planning and Zoning Commission.
To comply with the interpretation of Legal Counsel and Kodiak Island Borough code, all 'disposals
by lease' must go before Planning and Zoning for public hearing before they go before the Kodiak
Island Borough Assembly for approval by resolution. That said, Planning and Zoning Commission
had a single meeting left in the 2017 Calendar Year on December 20, with agenda items due
November 1 at 5 PM.
The Providence Kodiak Island Counseling Center lease will expire December 31, 2017, and there
was not sufficient time to comply with Kodiak Island Borough Code and sign a new lease.
This resolution was necessary to allow Staff time to sign a new lease in full compliance with KIB
Code. An extension to March 31, 2018 should allow sufficient time to go through the Planning and
Zoning approval process and full Kodiak Island Borough Assembly approval.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, Kavanaugh,
Schroeder, Skinner, and Symmons.
3. Resolution No. FY2018-18 Declaring Lots 11-14 Block 4 And Tract R-2, Killarney Hills
Subdivision, Surplus To Public Need, Approving Disposal Of These Properties Upon
Adoption Of A Master Plan And Authorizing Staff To Undertake The Preparation Of A
Master Plan.
CROW moved to adopt Resolution No. FY2018-18.
The Kodiak Island Borough purchased Killarney Hills Tract R-1 from the Catholic Archdiocese of
Alaska in 1986 for the fair market value price of $510,250.00. The intent with purchasing the land
was for use as either a hospital site, middle school site, or residential development if either of the
other two uses were to fall through. Improvements to the land included fill and leveling. After
deciding not to construct a hospital or middle site at Tract R-1, the parcel lay vacant but zoned
R2. The zoning designation reflected the 1983 opinion of the consulting real estate appraiser that
if a hospital or school were not to constructed, the area would be best suited for residential
development.
In 1998, prior to the construction of the Dark Lake Field, the City of Kodiak erected two backstops
and sets of baseball bases for the Kodiak Little League Machine pitch league. In 2000/2001 with
the formation of the Kodiak Football League, the City of Kodiak Parks and Rec placed additional
fill between the two baseball diamonds and connected the outfield areas to form a large grassy
field. When Baranof Park went under construction in 2012 to replace the track and install astro-
turf on the infield, the Killarney Hills Field was designated the temporary home for sports requiring
intensive field use. The Kodiak Island Borough financially partnered with the City of Kodiak funded
an effort to crown the Killarney Hills Field to improve field drainage and allow uncontrolled runoff
from the field. Baranof Field was completed and opened in 2014. Since then, the Killarney Hills
Field has continued to be used by the Kodiak High School sports teams as well as numerous City
of Kodiak Parks and Rec groups, with user -ship dominated seasonally by Kodiak Football League
and Kodiak High School sports.
The piecemeal development of Killarney Hills Field was never subjected to public interest findings,
environmental and regulatory permitting, public process and commentary, master -planning,
Kodiak Island Borough Assembly Regular Meeting Minutes
December 21, 2017 Page 8 of 14
economic studies, city-wide Parks and Recreation development plans, or any of the standard
processes we subject borough citizens or private development/construction projects to. The field
currently exists illegally without a valid zoning compliance permit for the facility.
Original plans for the parcel involved direct access off of Rezanof Drive. This access had never
been constructed, nor had any parking areas, controlled traffic accesses, pedestrian routes, or
traffic safety measures implemented on the property. The field was not engineered or installed
with an engineered drainage plan, nor had there been engineering or safety studies related to
field appurtenances. A US Army Corps of Engineers Nationwide Permit was issued to Kodiak
Island Borough on 14 May 1987 allowing placement of fill within 2 acres of the —17 acre tract
pursuant to the construction of a hospital. Since no hospital was ever constructed, and no other
USACOE permit has been issued, the development and construction of the Woody Way ball field
was illegal under KIB Code, as well as a Federal Wetlands Protection standpoint. Future
development of Killarney Hills should comply with all state, municipal, and federal regulations.
Killarney Hills has undergone wetlands mapping, and the current field location is atop designated
wetlands. Engineering design concerns related to the parcel in 1986 recommended engineered
drainage design for any development on the property.
At the request of the Kodiak Island Borough Assembly, Staff brought forth this resolution to enter
the master planning process for this land. The Resource Management Office, in cooperation with
the Community Development Department proposes to put the Killarney Hills property through the
master planning process. In order to demonstrate a sincere intention to develop this property to
potential developers it was also necessary to find this R-2 zoned land surplus to the public need.
The master planning process will allow a transparent and equal opportunity for community
members, groups, and government agencies to examine and quantify the maximum utility of the
Killarney Hills Tracts. Further, it will allow KIB to determine the necessary permitting requirements
for any future modification to the property. We will look at the Comprehensive Plan, zoning, code
compliance, wetlands constraints, utility availability and capacity, access points, traffic,
transportation, park use, greater -scale lands availability Borough -wide, future KIB needs, and
value of improved lots. The goal was to determine which combination of land use would provide
maximum social and economic benefit to the community. The proposed master planning scope,
schedule, and fee estimate were attached.
The master planning process will take place on an accelerated schedule over the course of one
year. The Community Development Department will be responsible for the development of a
master plan, and pending adoption of the master plan will work with the Resource Management
Office to let an RFP for a developer to create a development plan for the parcel based on the
findings of the master plan.
Details can be found in the attached project scope, project schedule, project budget, and project
public involvement plan.
CROW brought out to the Assembly and the public that Assembly member Van Daele was
conflicted as he serves as the Deputy City Manager for the City of Kodiak.
MAYOR ROHRER ruled that Assembly member Van Daele does not have a conflict of interest
and should not be excused.
CROW appealed the ruling of the chair.
Kodiak Island Borough Assembly Regular Meeting Minutes
December 21, 2017 Page 9 of 14
ROLL CALL VOTE ON THE MOTION TO APPEAL THE RULING OF THE CHAIR BE
SUSTAINED CARRIED THREE TO TWO: Kavanaugh, Schroeder, and Skinner (Ayes); Crow and
Symmons (Noes).
*ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Kavanaugh, Schroeder,
Skinner, Symmons and Van Daele.
*Clerk's Note: The above motions were corrected to reflect that the ruling of the chair was
sustained and Assembly member Van Daele's vote was considered in the carrying of the motion.
Ordinances for Introduction
None.
Other Items
1. Mayoral Appointments Of Assembly Member Representatives To Different Boards,
Committees, Commissions, And Councils; and Assembly Representatives To The
Different Cities, Communities, and Villages.
VAN DAELE moved to confirm the mayoral appointments of assembly member representatives
to different Boards, Committees, Commissions, and councils, and Assembly member liaisons to
the different Cities and Villages.
Attached was the list of Mayoral Appointments of Assembly member representatives to different
boards, committees, and councils; and Assembly representatives to the different cities,
communities, and villages.
CROW moved to divide the question by separating the appointments to the Borough Lands
Committee from all the rest.
ROLL CALL VOTE ON MOTION TO DIVIDE THE QUESTION CARRIED FOUR TO TWO:
Kavanaugh, Skinner, Symmons, and Crow (Ayes); Schroeder and Van Daele (Noes)
KAVANAUGH moved to lay on the table all the appointments of the Mayor except for the Borough
Lands Committee.
ROLL CALL VOTE ON MOTION TO LAY ON THE TABLE ALL THE OTHER APPOINTMENTS
CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Van Daele, Crow, and Kavanaugh.
The Lands Committee appointments were before the Assembly.
VAN DAELE moved to postpone the BLC appointment to the next regular meeting of the
Assembly.
ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FOUR TO TWO: Van Daele and
Schroeder (Ayes); Skinner, Symmons, Crow and Kavanaugh (Noes).
ROLL CALL VOTE ON MOTION TO CONFIRM THE BLC APPOINTMENT FAILED FOUR TO
TWO: Van Daele, and Schroeder (Ayes); Symmons, Crow, Kavanaugh, and Skinner (Noes).
Kodiak Island Borough Assembly Regular Meeting Minutes
December 21, 2017 Page 10 of 14
KAVANAUGH moved to pick up from the table all the appointments of the Mayor except for the
Borough Lands Committee.
VAN DAELE moved to postpone the rest of the appointments of the Mayor to the next regular
meeting to allow the Mayor to reshuffle the appointments.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO TWO: Van Daele,
Schroeder, Skinner, and Symmons (Ayes); Crow and Kavanaugh (Noes).
2. Confirmation of the Annual Mayoral Appointments to the Various Boards, Committees,
and Commissions.
SKINNER moved to confirm the following Mayoral appointments:
• Steven Neff and Jerrol Friend for terms to expire 2020 on the Architectural/Engineering
Review Board
• Matthew Bobby Bassham and Ben Millstein for terms to expire 2020 on the Parks and
Recreation Committee
Applications were received from the following:
Architectural/Engineering Review Board - Three (Three -Year Terms)
• Steven Neff (Incumbent)
• Jerrol Friend (Incumbent)
Parks And Recreation Committee - Three (Three -Year Terms)
• Matthew Bobby Bassham
• Ben Millstein (Incumbent)
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Kavanaugh, Schroeder,
Skinner, Symmons, and Van Daele.
3. Confirmation of the Assembly Appointment to the Mission Lake "Tidegate" Service Area
Board (Mr. Craig Johnson).
CROW moved to confirm the Assembly Appointment of Mr. Craig Johnson to the Mission Lake
"Tidegate" Service Area Board for a seat to expire December 2020.
On October 18, 2017 the Clerk's Office received an application for a seat on the Mission Lake
"Tidegate" Service Area Board from Mr. Craig Johnson. Mr. Johnson currently serves on the
board with a term to on expire December 31, 2017.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner,
Symmons, Van Daele, and Crow.
4. Confirmation of the Assembly Appointments to the Citizens Board of Equalization. (Ms.
Paula Laird & Mr. John Parker).
SKINNER moved to confirm the Assembly Appointments of Ms. Paula Laird and Mr. John Parker
to the Board of Equalization for seats to expire on 2020.
Kodiak Island Borough Assembly Regular Meeting Minutes
December 21, 2017 Page 11 of 14
There were 3 vacancies on the Board of Equalization. One of which was for an Alternate seat.
Incumbents Ms. Laird and Mr. Parker had reapplied to serve on the Board of Equalization. Both
hold terms which will expire on December 31, 2017.
KIBC 3.35.050 Board of equalization.
A. Membership, Qualification, Duties, Terms.
1. Members. The board of equalization shall be composed of five persons, not assembly
members, appointed by the assembly.
2. Alternate Members. The assembly shall appoint alternate members. The alternate members
shall be named by the assembly, as the need arises, to serve as board members during the
absence or disability of regular members.
3. Qualifications. Members and alternate members should be appointed on the basis of their
expertise in real and personal property appraisal, the real estate market, the personal property
market, and other fields related to their functions as board members.
4. Duties. The board may determine equalizations on properties brought before the board of
appellants.
5. Term of Office. Upon confirmation, members and alternate members shall serve for three years
or until their successors are appointed and confirmed. Of the member initially appointed, two shall
serve three-year terms, two shall serve two-year terms, and one shall serve a one-year term.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons,
Van Daele, Crow, and Kavanaugh.
5. Alaska Research Consortium Request for Funding.
CROW moved to authorize funding for the Alaska Research Consortium in the amount of $2,500.
The Alaska Research Consortium was working to develop a new partnership model for the current
Kodiak Seafood and Marine Science Center. They were requesting funding support from the
Kodiak Island Borough, City of Kodiak, and Kodiak based seafood processors and harvesters.
ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Van Daele, Crow, Schroeder, and
Rohrer (Ayes); Skinner, Symmons, and Kavanaugh (Noes)
6. *Approval of the Kodiak Island Borough Assembly 2018 Meeting Schedule. This was
approved under consent agenda.
The calendar reflected the Assembly meetings for the upcoming year. Annually the calendar was
presented to the Assembly for review and approval for the upcoming year. The calendar also
included JWS meeting schedule with the City of Kodiak.
7. Approving Memoranda Of Understanding For Non -Profit Funding
SKINNER moved to authorize the Manager to sign Memoranda of Understanding for non-profit
funding.
Non-profit funding amounts had previously been approved, as has the MOU form requested of
non -profits as a condition of funding. MOU's had been signed by grantees and were ready for
Borough signature.
Kodiak Island Borough Assembly Regular Meeting Minutes
December 21, 2017 Page 12 of 14
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Van Daele, Crow,
Kavanaugh, Schroeder, and Skinner.
8. Approval Of A 2018 Gulf Of Alaska Pacific Cod Fishery Disaster Declaration Letter
Addressed To Governor Bill Walker.
VAN DAELE moved to authorize the Mayor to sign the 2018 Gulf Of Alaska Pacific Cod Fishery
Disaster Declaration Letter Addressed To Governor Bill Walker.
In accordance with Section 312(a) of the Magnuson -Stevens Fishery Management and
Conservation Act (MSA), this letter requests that the Governor declare a federal fishery disaster
for the 2018 commercial Pacific cod fishery in the Gulf of Alaska (GOA). The MSA authorizes the
Secretary of Commerce to determine if a commercial fishery failure has occurred, and the
Governor is asked to review this matter due to the importance of these fisheries to our local,
regional, state, and national economies.
Negative economic impacts will occur immediately in 2018. A commercial fishery failure
declaration from the Governor's office will begin the long process for requesting federal aid to
assist our fishermen, processors and fishery -dependent communities during this difficult time.
The commercial Pacific cod fishery failure is a fishing resource disaster. Despite conservative
harvest policies and managers' and fishermen's adherence to scientifically determined catch
limits, there will be severe cuts in 2018. The impacts will be immediately felt throughout our Gulf
coastal communities by commercial fishermen, fish processors, and secondary businesses, for
years to come. Local governments will feel the impact to their economic base.
These impacts meet the criteria as described and are severe enough to warrant this request for
a fishery disaster declaration in the Gulf of Alaska. The Governor was implored to promptly contact
the Secretary of Commerce and urge action on this very important matter.
KAVANAUGH declared a conflict of interest. Mayor Rohrer agreed with the declaration and
Assembly member Kavanaugh was excused from voting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, Schroeder,
Skinner, and Symmons.
CITIZENS' COMMENTS
Scott Arndt spoke the Mayoral appointments and provided some feedbacks.
Larry Van Daele thanked the Borough staff and assembly for opening up Chiniak. He also
provided some feedback to the Assembly.
Jeff Stewart spoke about consolidation issue and provided some feedbacks to the Assembly.
Matthew Bobby Bassham thanked the Mayor and the Assembly for appointing him to the Parks
and Recreation Committee.
ASSEMBLY MEMBERS' COMMENTS
Assembly member Skinner wanted to know the status and reach an agreement on Karluk and
Port Lions to keep the schools open and further discuss the conflict of interest to work through
some issues.
Kodiak Island Borough Assembly Regular Meeting Minutes
December 21, 2017 Page 13 of 14
Assembly member Crow provided some feedbacks on tonight's discussions.
Assembly member Schroeder spoke about how impressed he was with all the details provided on
the items on the agenda.
Assembly member Kavanaugh appreciated the public and media and wished everyone a Merry
Christmas and Happy Solstice. Kodiak Advisory Committee to the Board of Fish and Game will
meet on January 29, 2018 for an election meeting, Board of Game meeting February 2, 2018 in
Dillingham, AK and Board of Fish meeting on March 6, 2018 in Anchorage, AK.
SKINNER moved to extend the meeting for 10 minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
Assembly member Summons provided some feedbacks and thanked everyone.
Assembly member Van Daele provided some feedbacks regarding tonight's discussion. Wished
everyone a Merry Christmas, Happy Solstice and a safe Holiday.
Announcements
The Assembly work session scheduled on Thursday, December 28, 2017 was canceled. The next
regular meeting was tentatively scheduled on Thursday, January 4, 2018 at 6:30 p.m. in the
Borough Assembly Chambers. The Assembly will hold a Strategic Planning meeting on Sunday,
January 21, 2018 in the Borough Assembly Chambers. Wished everyone a Merry Christmas.
ADJOURNMENT
SCHROEDER moved to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
The meeting was adjourned at 10:31 p.m.
LAND
KODc IAOR:i'
ATTEST: Daniel A. Rohrer, Mayor
Nova M. Javier, MMC, Blugh Clerk Approved on: March 22, 2018
Kodiak Island Borough Assembly Regular Meeting Minutes
December 21, 2017 Page 14 of 14