2018-06-21 Regular Meeting
Revenue And Finance
Excise Tax On Cigarettes And Other Tobacco Products
Health &
SafetySolid Waste Collection and Disposal
Billing and CollectionsLiens
Office of the Mayor
Kodiak Island Borough, Alaska
DECLARING MAY 19 THROUGH MAY 25, 2018
NATIONAL SAFE BOATING WEEK
WHEREAS, recreational boating is fun and enjoyable, and we are fortunate that Kodiak Island has
extraordinary resources to accommodate a variety of commercial and recreational boating demands;
and
WHEREAS, weather and sea conditions in Alaskan waters present dangers year-round causing
boating activity to be risky for the unprepared, and not knowing or obeying the Navigation Rules,
drinking alcohol or taking drugs while operating a boat, or choosing not to wear a life jacket are
clearly unwise decisions; and
WHEREAS, while the rate of recreational boating deaths has been decreasing, more than 700
people still die each year in boating-related accidents in the U.S., and 80 percent of these fatalities are
due to drowning; and
WHEREAS, 83 percent of those involved in these drowning fatalities were not wearing a life jacket
-
approved personal flotation device; and
WHEREAS, boating knowledge and skills may be learned locally in classes offered by the United
States Coast Guard Auxiliary, and are important in reducing human error and improving judgment;
and
WHEREAS, the United States Coast Guard Auxiliary also offers a free Vessel Safety Check for any
recreational boat.
NOW, THEREFORE, I, Daniel Rohrer, Mayor of the Kodiak Island Borough, do hereby support the
goals of the Safe Boating Campaign and proclaim May 19-25, 2018, as:
Safe Boating Week
in the Kodiak Island Borough and the start of a year-round effort to promote safe boating. I urge all
In witness whereof, I have hereunto set my
Hand and cause this seal to be affixed.
_____________________________
Daniel A. Rohrer, Borough Mayor
Attest: ________________________
Office of the Mayor
Kodiak Island Borough, Alaska
DECLARING FILIPINO AMERICAN HERITAGE MONTH IN KODIAK
WHEREAS, the Kodiak Island Borough is made up of a wonderful mosaic of culturally diverse
people; and
WHEREAS, Filipino Americans make vital contributions to the economic, social, political, and
cultural quality of life in the community; and
WHEREAS, June 12, 2018 marks the 120th anniversary of the declaration of Philippine
independence; and
WHEREAS, this momentous occasion provides an opportunity for all Filipino Americans to
share their cultural heritage with people of all races, ethnicities, and nationalities; and
WHEREAS, this momentous occasion is essential so that Filipino Americans can continue to
reflect the shared values and manifest our joys in harvesting the fruits of such values; and
NOW, THEREFORE, I, Daniel Rohrer, Mayor of the Kodiak Island Borough do hereby proclaim
the month of June 2018 as:
Filipino American Heritage Month
in Kodiak and urge all citizens to participate in the festivities celebrating the rich heritage and
traditions of the Philippine Islands.
In witness whereof, I have hereunto set my
Hand and cause this seal to be affixed.
_______________________________
Daniel A. Rohrer, Borough Mayor
Attest:___________________________
Date: ___________________________
BOROUGH MANAGER’S SALARY AND BENEFITS
BOROUGH CLERK’S SALARY AND BENEFITS
CHANGE TO EXISTING CLERK’S CONTRACT
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Disposal of records (B)
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CORRECTED VERSION
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Kodiak Island Borough
Office of the Borough Clerk
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9310 Fax (907) 486-9391
clerks@kodiakak.us
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“Bed and breakfast (B&B)” means overnight accommodations and a morning meal in a
dwelling unit provided to transients for compensation. The operator of the B&B must reside
on the premises and the maximum number of rooms that can be rented out is five. In
addition to the off-street parking requirements of KIBC 17.175.040for a single-family
dwelling, a B&B with up to two guest rooms must provide one additional parking space; a
B&B with three to four guest rooms must provide two additional parking spaces; and a B&B
with fiveguest rooms must provide three additional parking spaces.
“Lodge” means a building or group of buildings containing both rooms and dwelling units
available for temporary rental to transient individuals or families. The types of activities
supported by a lodge may include, but are not limited to, fishing, hunting, wildlife
photography and viewing, and passive recreational activities.
Land Use Goal:Regulate and manage land uses to balance the rights of private property
owners with community values and objectives.
Policy:Maximize compatibility of adjacent land uses and minimize conflicts
through zoning, design standards, and other means.
Policy: Zone lands to meet future housing, commercial, industrial, and other land
needs.
o Implementation Action:Identify an adequate supply of land in each
community to meet future residential and other land development needs
based on future population and employment growth projections,
assumptions about the type and land requirements for the projected uses,
and conditions or constraints that may affect development. Consider the
use of public or private Native-owned lands to help meet these needs.
o Implementation Action:Evaluate the need and recommend specific sites
for commercial and industrial uses within and outside cities and
unincorporated in the Borough to meet future economic needs…
Economic Goal:Diversify the overall economy of the Kodiak Region.
Policy: Encourage and facilitate small business development on Kodiak Island.
Larsen Bay Land Use Goal:Enhance flexibility of land use regulations.
Policy:Address concerns about the social impacts of some lodges located within
neighborhoods.
o Implementation Action:Allow small scale commercial and more bed-and-
breakfasts and lodges under certain circumstances, such as in mixed-use
zones.
Larsen Bay Economic Goal:Retain residents.
Policy:Improve economic opportunities in Larsen Bay.
o Implementation Action:Develop additional industries and businesses that
are attractive to Larsen Bay.
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KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
Wednesday, June 21, 2017.
CASE:17-030
Written comments must be
received by 5 pm, Tuesday, June 6, 2017 to be considered by the commission.
If you would like to testify via telephone, please call in your comments during
the appropriate public hearing section of the meeting. The local call-in telephone number is 486-
3231. The toll free telephone number is 1-855-492-9202.
Your Name:Mailing Address:
Your property description:
Comments:
Case 17-030
Request a Rezone of Lot 4, Block 19, Tract A,
Location
Larsen Bay Subdivision from R1-Single-Family
NHN First Street,
Residential District to B-Business District
Larsen Bay
(KIBC 17.205).
Applicant
Foxtail Lodge, LLC
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CASE: 17-030
APPLICANT: Foxtail Lodge LLC
AGENT: Jerre D Munson
REQUEST: A Rezone of Lot 4, Block 19, Tact A, Larsen Bay
Your Name: David Harmes Mailing Address: POBox 83 Larsen Bay AK 99624
Your Property Description: Lot 7, Block 4, Tact A, Larsen Bay
Comments: This zoning change request, meets the current Larsen Bay Comprehensive
Zoning Plan
May 24, 2017
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Re: Case #17-025
Case #17-026
Case #17-030
/ğƭĻ ϔЊАΏЉЋЎ
The Borough Community Development Department proposes ğƒĻƓķźƓŭ ƷŷĻ ĭǒƩƩĻƓƷ
\[ğƩƭĻƓ .ğǤ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ (Case 17-025) IN ORDER TO FACILITATE a rezone request
(Case 17-026). The Borough shows no consideration for our Community when taking such an
aggressive position in support of Case #17-026, a request to rezone 4 R-1 lots to Business. I
strongly oppose any amendment to the Comprehensive Plan at this time.
In discussion with the Planning and Zoning on CASE 17-025 at the Public Hearing on April
19, 2017, Commissioners used the terms VARIANCE and AMENDMENT to the Comprehensive
Plan interchangeably. Chapter 17.205 defines AMENDMENTS as a process giving the Borough
wide authority to change regulations to address public necessity, convenience, general welfare
or good zoning practice. Chapter 17.195 of Borough Code Describes the process to be followed
by the Planning and Zoning Commission when considering an application for a VARIANCE.
ĭźƩĭǒƒƭƷğƓĭĻƭ. The use of VARIANCE as opposed to AMENDMENT as I interpret it lightens the
high handedness of the Borough over the local community.
We are a small secluded community. I believe that all Larsen Bay property owners and
residents should have the opportunity to comment on an ğƒĻƓķƒĻƓƷ Ʒƚ ƚǒƩ /ƚƒƦƩĻŷĻƓƭźǝĻ
tƌğƓ͵ The current Comprehensive Plan was written in 1984 and then reviewed in 2008. I recall a
significant effort and input by the Council and the Community during the 2008 process. The
current Comprehensive Plan does not allow for such a large amount of land to be rezoned from
R-1 to Business.
I believe a moratorium on rezone requests from Residential to Business will give the
Community of Larsen Bay the opportunity for all property owners to come together and discuss
future land use plans.
/ğƭĻ ϔЊАΏЉЋЏ
Based on the information I have I am also opposed to the rezone request (case #17-
026). The owner knew when purchasing the lots in question that they were zoned Single Family
Residential properties. Why the requested change? Is this request part of the owners original
Plan for the property? Does he feel he can come in to a Community and do as he pleases
without regard for the standing law? As far as I am aware the property owner never discussed
this rezone request with anyone in the Community. In addition to the 4 lots being proposed for
a rezone an additional 3 adjacent lots are owned by the same family in the form of business
entities. These 7 lots encompass access to Moses which is a well used community
beach. What is the big picture here? I would like to hear what the property owner has in mind.
Once the first 4 lots are rezoned, will a request be made for the additional 3 lots to be rezoned?
If the lots are rezoned the property owner would be able to develop the property however he
chose. On a recent bike ride I saw a substantial amount of building materials on the lots
proposed for the rezone. Does the owner feel that his rezone request is a done deal? Is he
expanding his business despite the current single family zoning?
Chapter 17.195 of Borough Code outlines the conditions under which a VARIANCE is
approved/denied. Following is a rebuttal to each of the six points to be considered before a
VARIANCE can be permitted in Case 17-26.
A. Approval
report and receipt of testimony at the public hearing, that the use proposed in the
application, or under appropriate conditions or restrictions, meets all of the following,
the variance shall be granted:
1. That there are exceptional physical circumstances or conditions applicable to the property or
to its intended use or development which do not apply generally to other properties in the
same land use district;
Current zoning category and zoning at time of purchase is/was Single Family, Residential and
all surrounding properties are single family, residential. Zoning at time of purchase would
preclude the owners intent to develop the property.
2. That the strict application of the provisions of this title would result in practical difficulties or
unnecessary hardship;
The lots in discussion have always been single family residential and were single family
residential at the time of their purchase (2007 and 2009). How could a property owner claim
unnecessary hardship when he knew the lots zoning category at time of purchase? Was it
property owners intent to buy up residential property with the intent of pushing for a
business/commercial rezone at a later date?
3. That the granting of the variance will not result in material damage or prejudice to other
Adjacent property owners object to noise and traffic associated with large groups of people
with a vacationing/anything goes mind set.
There is also a question of the City being able to provide adequate water and electrical
utilities. The land is low lying and swampy which raises the question of supporting a septic
system for sewage for a commercial property. The EPA would need to be consulted as to if the
property could support an appropriate septic system and to protect the public health.
4. That the granting of the variance will not be contrary to the objectives of the comprehensive
plan;
The rezone of 4 lots from residential to commercial is contrary to the objectives of the Larsen
Bay Comprehensive Plan as written in 1984 and reviewed in 2008.
5. That actions of the applicant did not cause special conditions or financial hardship or
inconvenience from which relief is being sought by a variance; and
There is a substantial amount of building material on the lots proposed for the rezone which
are indicative of the owners intent to develop the property prior to an approved rezone. Is the
owners moving forward prior to approval an attempt to get relief from his investment?
6. That granting the variance will not permit a prohibited land use in the district involved.
Following is a description in KIB Zoning Code which clearly shows the rezoning to business or
commercial is a prohibited land use for these four Single Family Resident lots.
17.75.010 Description and intent.
The R1 single-family residential zoning district is established as a land use district for small
lot, single-family residential dwellings where public water and sewer services are available.
For the single-family residential district, in promoting the general purposes of this title, the
specific intentions of this chapter are:
A. To encourage the construction of single-family dwellings;
B. To prohibit commercial and industrial land uses and any other use of the land which would
interfere with the development or continuation of single-family dwellings in the district;
C. To encourage the discontinuance of existing uses that are not permitted under the
provisions of this chapter;
D. To discourage any use which would generate other than normal vehicular traffic on streets
serving residents on those streets; and
E. To prohibit any use which, because of its character or size, would create requirements and
costs for public services, such as police and fire protection, water supply and sewerage, before
such service can systematically and adequately be provided. \[Ord. 83-17-O §2, 1983. Formerly
§17.18.010\].
Respectfully,
Jane Petrich
Lot 5, Blk19
PO Box 52
Larsen Bay, AK 99624
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KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
STAFF:
CDD DIRECTOR, SARA MASON 486-9360 smason@kodiakak.us
ASSOCIATE PLANNER, JACK MAKER 486-9362 jmaker@kodiakak.us
ASSOCIATE PLANNER, DANIEL MCKENNA-FOSTER 486-9361 dmckenna-foster@kodiakak.us
CODE ENFORCEMENT OFFICER, TOM QUASS 486-9364 tquass@kodiakak.us
CDD SECRETARY, SHEILA SMITH 486-9363 ssmith@kodiakak.us
COMMUNITY DEVELOPMENT DEPARTMENT
710 MILL BAY ROAD
ROOM 205
KODIAK, AK 99615
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I would like to take a few minutes and speak to the issue of the petition I have
sponsored to limit the Borough's ability to increase taxes. There seems to be some
misunderstanding and IMO unnecessary controversy about this petition and I would like to
address it if I may. While it is being called a tax cap initiative it is more correctly called a
revenue limit. And while it seems new to Kodiak it really is not. Some sort of revenue limits or
tax caps are quite common in communities in Alaska, and in fact if you check the Kodiak
Island Borough Code of ordinances and look at 3.25.025 you will find a very similar
initiative that was voted in by Kodiak voters in 1997. It is ordinance number 97-10 and
caps the mil rate at 9.25. And yet we find ourselves at a much higher rate than that today.
The initiative that I am introducing simply requires the Borough to go before the voters for any
increase in funding. Yes, it limits the Borough's income to the previous year's revenue. But,
again for increased needs in funding, the Borough can go to the voters and let them decide. IMO
this is where the decision belongs, to those who actually pay the taxes.
When I first began this process I will have to admit that I had no idea just how much
people in our community had been affected by the increase in their taxes. As a point of
clarification here, when you speak to borough officials about taxes they tend to think in
terms of mill rates, when you speak to the taxpayer they think in terms of the bill they get
from the borough. So, while the mil rate may not go up the tax bill still goes up in response
to ever increasing property assessments. As a tax payer and as the sponsor to this initiative,
I am addressing the issue from the tax payers perspective, in other words from the tax bill
we receive.
Since putting together an initiative such as this is not something I have any experience
with I sought some advice from a friend who is an attorney, and he was kind enough to offer to
draft this initiative for me, and to do it for free. Hard to pass up such an offer, the attorney is
Craig Richards, you might know him since he was the City of Valdez Attorney for 11 yrs during
the Exon years, and is the former Attorney General for the State. I was confident that he could do
a much better job than I. And since there is no reason to re -invent the wheel, I asked him to
model it after the Fairbanks Ordinance, which by the way you can read in the Fairbanks code of
ordinances, it is their code 8.04.29. And as such this petition is almost a word for word copy of
the Fairbanks Ordinance, which again, has been in place for 20 years and has withstood all legal
challenges.
At this point in time, thanks to the help of some very hardworking co-sponsors, we
have more than enough signatures to get this on the ballot in Oct. Originally my intention was to
obtain 1000 signatures and from the response in our community it seems that would not be
difficult to do, but the Borough clerk's office tells me that is not necessary. The Borough clerk's
office by the way have been very helpful and professional in providing the information of how to
proceed with this petition. My intention is simply to let the voters decide if this is to be
adopted or not. Should it not be adopted I will abide by the decision of the voters in our
community. Even if it is not adopted the borough leadership should at least be aware that there
is a growing unhappiness with the taxation in our community.
When I began this process I first spent some time speaking to people at the borough
about it, including a couple of borough officials. I felt I was not getting any helpful advice from
them so I began looking at other communities in Alaska to see what theyr-had dy F".
Anchorage and the Fairbanks North Star Borough had proposals or established ordinae
deal with this issue. Since the ordinance that Fairbanks had in place wad voted in 20 years ago
JUN 2 1 2018
and continues to be in place today, I decided to look at it. Wanting to know how well it worked
and what people in Fairbanks thought about it I called and spoke with a number of people in
Fairbanks, including business owners, newspaper people, and Borough officials, and property
owners. The bottom line was that it works so well, voters in Fairbanks vote this back in every 2
years since 1998. Yes, I am sure that not everyone in Fairbanks is completely happy with it, but
it is obvious that the majority are. Thank you for your time.
Kodiak Island Borough
Assembly Regular Meeting Guidelines
June 21, 2018, 6:30 p.m., Borough Assembly Chambers
PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put
them on vibrate.
1. INVOCATION
Major Dave Davis of the Salvation Army.
2. PLEDGE OF ALLEGIANCE — Mayor Rohrer.
3. ROLL CALL
KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member,
the REASON for the absence, and whether the absence is excused by the Assembly.
Recommended motion: Move to excuse any Assembly members who are absent
due to personal leave.
VOICE VOTE ON MOTION.
4. APPROVAL OF AGENDA AND CONSENT AGENDA
All items listed with an asterisk (°*) are considered to be routine and non -controversial
by the Assembly and will be approved by one motion. There will be no separate
discussion of these items unless an Assembly member so requests, in which case the
item will be removed from the consent agenda and considered in its normal sequence on
the agenda. All items in yellow are consent agenda items.
Recommended motion: Move to approve the agenda and the consent agenda.
Special Meeting Minutes Of May 31, 2018.
Resolution No. FY2019-03 Adopting To Participate In the Alaska Municipal League
Joint Insurance Association (AMLJIA) Loss Control Incentive Program.
VOICE VOTE ON MOTION.
5. APPROVAL OF MINUTES
* Special Meeting Minutes Of May 31, 2018.
6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask speakers to:
1. sign in
2. state their name for the record
3. turn on the microphone before speaking
4. address all remarks to the Assembly as a body and not to any member
thereof
Kodiak Island Borough Assembly Guidelines
June 21, 2018 Page 1
7. AWARDS AND PRESENTATIONS
A. Bayside Fire Department Update — Chied Howard Rue.
8. COMMITTEE REPORTS
9. PUBLIC HEARING — None.
10. BOROUGH MANAGER'S REPORT
11. MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS — None.
13. NEW BUSINESS
A. Contracts
1. Contract No. FY2018-32 A 55 -Year Lease To Fire Service Area 1.
Recommended Motion: Move to authorize the Manager to execute Contract
FY2018-32 a 55 -Year Lease to Fire Service Area 1.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
2. Contract No. FY2018-35 Reporting & Analysis And Integration Software Services
With OpenGov.
Recommended Motion: Move to authorize the Manager to execute a five-
year contract renewal of Contract No. FY2018-35 fore Reporting & Analysis
and Integration Software Services with OpenGov, Inc. in the amount of
$47,350 ($9,470 annually).
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
June 21, 2018 Page 2
3. Contract No. FY2018-36 Tyler Technologies ExecuTime Software Agreement.
Recommended Motion: Move to authorize the manager to execute Contract
No. FY2018-36 for ExecuTime Software Agreement with Tyler Technologies
in the amount of $27,017.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
4. Contract No. FY2016-44A Amending Contract No. FY2016-44 Employment
Agreement Between The Kodiak Island Borough And The Borough Manager.
Recommended Motion: Move to approve Contract No. FY2016-44A
Amending the Employment Contract Between the Kodiak Island Borough
Assembly and Mr. Michael Powers as Borough Manager.
Staff Report — Deputy Presiding Officer.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
B. Resolutions
1. Resolution No. FY2019-02 Reestablishing The Fees For The Kodiak Island
Borough.
Recommended Motion: Move to adopt Resolution No. FY2019-02.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
2. 'Resolution No. FY2019-03 Adopting To Participate In the Alaska Municipal
League Joint Insurance Association (AMLJIA) Loss Control Incentive Program.
Kodiak Island Borough Assembly Guidelines
June 21, 2018 Page 3
3. Resolution FY2017-36A Amending Resolution No. FY2017-36 Revising The
Terms of Resolution No. FY2017-36 Disposal Of The 11.419 Acre Parcel Tract
A, Port Lions School Reserve In Exchange For The 6.33 Acre Parcel With A
Legal Description Of Port Lions Subdivision First Addition School Reserve (P&Z
Case No. 17-020).
Recommended Motion: Move to adopt Resolution No. FY2017-36A.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
C. Ordinances for Introduction
1. Ordinance No. FY2018-01B Amending Ordinance No. FY2018-01, Fiscal Year
2018 Budget, By Amending Budgets To Account For Various Revenues That Are
Over Budget, Providing For Additional Expenditures And Moving Funds Between
Projects.
Recommended Motion: Move to advance Ordinance No. FY2018-01B to
public hearing at the next regular meeting of the Assembly.
Staff Report —Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
2. Ordinance FY2019-04 Amending Kodiak Island Borough Code Title 3 Revenue
and Finance, Chapter 3.45 Severance Tax Section 3.45.030 Exemptions To
Allow Waiver Of Severance Taxes For Non -Profits By Majority Vote Of The
Kodiak Island Borough Assembly.
Recommended Motion: Move to advance Ordinance No. FY2019-04 to
public hearing at the next regular meeting of the Assembly.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
June 21, 2018 Page 4
14.
3. Ordinance No. FY2019
And Fees Of Those Mo
Uncollectible Due to -AN
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Recommended Motion: Move to advance Ordinance No. FY2019-05 to
public hearing at the next regular meeting of the Assembly.
Staff Report — Manager Powers.
Assembly discussion.
ROLL CALL VOTE ON MOTION.
D. Other Items — None.
CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
Agenda Items not scheduled for public hearing and general comments.
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask speakers to:
1. sign in
2. state their name for the record
3. turn on the microphone before speaking
4. address all remarks to the Assembly as a body and not to any member
thereof
15. ASSEMBLY MEMBERS' COMMENTS
Announcements
The next Assembly work session is scheduled on Thursday, June 28, 2018 at 6:30 p.m.
in the School District Conference Room. The next regular meeting is scheduled on
Thursday, July 05, 2018 at 6:30 p.m. in the Borough Assembly Chambers.
Kodiak Island Borough Assembly Guidelines
June 21, 2018 Page 5
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A. Discussion Regarding The Following Cases With The Borough Attorney:
1. Litigation Tactics And Strategies Between the Kodiak Island Borough Vs. Al
Timber.
2. Litigation Tactics And Strategies Regarding Kodiak High School Claims.
Watterson Construction Vs. Kodiak Island Borough
3. Litigation Strategies Regarding The Markham Cases
Recommended motion: Move to convene into executive session to discuss the
following cases with the Borough Attorney:
1. Litigation Tactics And Strategies Between the Kodiak Island Borough Vs.
Al Timber.
2. Litigation Tactics And Strategies Regarding Kodiak High School Claims:
Watterson Construction Vs. Kodiak Island Borough
3. Litigation Strategies Regarding The Markham Cases
The discussion of these cases in executive session involves pending litigation to
which the borough is a party and confidential attorney-client communications
made for the purpose of facilitating the rendition of professional legal services to
the Borough
ROLL CALL VOTE ON MOTION.
Recommended motion: Move to invite the Mayor, Assembly, Borough Attorney,
Borough Manager, and Borough Clerk's Staff into executive session.
VOICE VOTE ON MOTION.
After the vote, Mayor Rohrer recesses the regular meeting and convenes the executive
session.
Upon returning from the executive session, Mayor Rohrer reconvenes the regular
meeting and announces:
• The Assembly discussed the following cases with the Borough Attorney and
• No action is to be taken as a result of the executive session
• The Assembly may make a motion if necessary. The Assembly must state the motion
and vote outside of executive session.
ROLL CALL VOTE ON ANY MOTION.
Kodiak Island Borough Assembly Guidelines
June 21, 2018 Page 6
B. Attorney -Client Privileged Communications Regarding Ordinance No. FY2018-07
Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision.
Recommended motion: move to convene into executive session for Attorney -
Client Privileged Communications/discussion of the legal advice requested on
Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, Larsen Bay
Subdivision.
ROLL CALL VOTE ON MOTION.
Recommended motion: Move to invite the Mayor, Assembly, Borough Attorney,
Borough Manager, and Borough Clerk's Staff into executive session.
VOICE VOTE ON MOTION.
After the vote, Mayor Rohrer recesses the regular meeting and convenes the executive
session.
Upon returning from the executive session, Mayor Rohrer reconvenes the regular
meeting and announces:
• The Assembly discussed the Attorney -Client Privileged Communications Regarding
Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision
and
No action is to be taken as a result of the executive session
• The Assembly may make a motion if necessary. The Assembly must state the motion
and vote outside of executive session.
ROLL CALL VOTE ON ANY MOTION.
17. ADJOURNMENT
Recommended motion: Move to adjourn the meeting.
VOICE VOTE ON MOTION.
KIBC 2.30.030 A.... Meetings shall adjourn at 10:30 p.m. unless the time is extended by
a majority of the votes to which the assembly is entitled. No meeting shall be extended
beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the
meeting shall be extended to set the time and place for resumption of the meeting.
Kodiak Island Borough Assembly Guidelines
June 21, 2018 Page 7
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KODIAK ISLAND BOROUGH
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Kodiak Island Borough
Assembly Newsletter
Vol. FY2018, No. 29 June 22, 2018
At Its Regular Meeting Of June 21, 2018, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular
Meeting Of The Borough Assembly Is Scheduled On Thursday, July 5, 2018, At 6:30 p.m. In The Borough Assembly Chambers.
RECEIVED A Bayside Fire Department Update From Chief Howard Rue.
POSTPONED Contract No. FY2018-32 A 55-Year Lease to Fire Service Area 1 To The July 19, 2018
Regular Meeting Of The Assembly.
AUTHORIZED The Manager To Execute A Five Year Contract Renewal Of Contract No. FY2018-35 The
Manager To Execute A Five Year Contract Renewal For Reporting & Analysis And Integration Software
Services In The Amount Of $47,3560 ($9,470 Annually).
AUTHORIZED The Manager To Execute Contract No. FY2018-36 For Executime Software Agreement
With Tyler Technologies In The Amount Of $27,017.
POSTPONED Contract No. FY2016-44A Amending Contract No. FY2016-44 Employment Agreement
Between The Kodiak Island Borough And The Borough Manager To The August 2, 2018 Regular Meeting
Of The Assembly and DIRECTED The Mayor And The Deputy Presiding Officer To Negotiate With The
Borough Manager Regarding The Salary Provisions On His Contract.
AMENDED, ADOPTED Resolution No. FY2019-02 Reestablishing The Fees For The Kodiak Island
Borough.
ADOPTED Resolution No. FY2019-03 Adopting To Participate In the Alaska Municipal League Joint
Insurance Association (AMLJIA) Loss Control Incentive Program.
ADOPTED Resolution FY2017-36A Amending Resolution No. FY2017-36 Revising The Terms Of
Resolution No. FY2017-36 Disposal Of The 11.419 Acre Parcel Tract A, Port Lions School Reserve In
Exchange For The 6.33 Acre Parcel With A Legal Description Of Port Lions Subdivision First Addition
School Reserve (P&Z Case No. 17-020).
ADVANCED Ordinance No. FY2018-01B Amending Ordinance No. FY2018-01, Fiscal Year 2018
Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For
Additional Expenditures And Moving Funds Between Projects To The Next Regular Meeting Of The
Assembly.
ADVANCED Ordinance FY2019-04 Amending Kodiak Island Borough Code Title 3 Revenue and
Finance, Chapter 3.45 Severance Tax Section 3.45.030 Exemptions To Allow Waiver Of Severance
Taxes For Non-Profits By Majority Vote Of The Kodiak Island Borough Assembly To The Next Regular
Meeting Of The Assembly.
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ADVANCED Ordinance No. FY2019-05 Writing Off The Property Taxes, Penalties, Interest And Fees Of
Those Mobile Home Property Tax Accounts Where The Account Is Uncollectible Due To Abandonment
Or Demolition Of The Mobile Home To The Next Regular Meeting Of The Assembly.
CONVENED Into Executive Session To Discuss The Following Cases With The Borough Attorney:
1. Litigation Tactics and Strategies Between the Kodiak Island Borough Vs. A1 Timber.
2. Litigation Tactics and Strategies Regarding Kodiak High School Claims: Watterson Construction
Vs. Kodiak Island Borough
3. Litigation Strategies Regarding the Markham Cases
INVITED The Mayor, Assembly, Borough Attorney, Borough Manager, Borough Assessor, And Borough
Clerk’s Staff Into Executive Session; ANNOUNCED That No Action Was Taken As The Result Of The
Executive Session. Borough Attorney Levesque Reported On The Status Of The Three Cases Outside
Of Executive Session.
CONVENED Into Executive Session To Discuss Attorney-Client Privileged Communications Regarding
Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision; INVITED The
Mayor, Assembly, Borough Attorney, Borough Manager, And Borough Clerk’s Staff Into Executive
Session; ANNOUNCED That No Action Was Taken As The Result Of The Executive Session.