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08/28/2018 Special MeetingKODIAK ISLAND BOROUGH Assembly Special Meeting August 28, 2018 A special meeting of the Kodiak Island Borough Assembly was held on August 28, 2018, 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. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Julie Kavanaugh, Rebecca Skinner, Scott Smiley, Dennis Symmons, and Matthew Van Daele. Also present were Borough Manager Michael Powers and Borough Clerk Nova Javier. CITIZENS COMMENTS (Limited to Three Minutes per Speaker) Betty MacTavish spoke about the conditional use permit submitted by the E&F Director to the Planning and Zoning Commission regarding transfer of contaminated soil to public use lands. The following spoke regarding Alaska Aerospace Corporation: Claudia Anderson Rich Macintosh Ginny Shank Molly Macintosh Mary Forbes Carolyn Heitman The Borough Clerk read into the record comments from Mike Sirofchuk and Stacy Studebaker. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING Waiving of the Confidentiality of the Attorney -Client Privileged Legal Opinion Relating to Compelling Alaska Aerospace Corporation to Comply with Borough Land Use Ordinances with Respect to its Development of the Pacific Spaceport Complex - Alaska. VAN DAELE moved to waive the Confidentiality of the Attorney -Client Privileged Legal Opinion Relating to Compelling Alaska Aerospace Corporation to Comply with Borough Land Use Ordinances with Respect to its Development of the Pacific Spaceport Complex - Alaska. SKINNER Move to convene an executive session to receive privileged legal advice from the Borough Attorney regarding the waiver of privilege as it relates to the Borough's legal strategy for compelling Alaska Aerospace Corporation's compliance with Borough land use ordinances regarding the Pacific Spaceport Complex — Alaska. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Kavanaugh, Schroeder, Skinner, Smiley, Symmons, and VanDaele. Kodiak Island Borough Assembly Special Meeting Minutes August 28, 2018 SKINNER moved to invite the Borough Mayor, Assembly, Borough Attorney, Borough Manager, CDD Acting Director, and Clerk's Office Staff into executive session. Clerk's note: CDD Acting Director was not present at this meeting. Executive session was convened at 7:15 p.m. The mayor reconvened the special meeting at 8:26 p.m. and announced that no action was taken as a result of the executive session. CROW moved to postpone the vote to release the opinion to the September 20, 2018 regular meeting of the Assembly. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Crow, Schroeder, Skinner, Smiley, and Symmons (Ayes); Kavanaugh and Van Daele (Noes). ADJOURNMENT SYMMONS moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 8:29 p.m. ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough August 28, 2018 KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Approved on: October 18, 2018 Assembly Special Meeting Minutes