06/20/2019 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
June 20, 2019
A regular meeting of the Kodiak Island Borough Assembly was held on June 20, 2019, 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 Scott Arndt, Julie Kavanaugh, Rebecca
Skinner, Scott Smiley, Dennis Symmons, and James Turner. Also present were Borough
Manager Michael Powers, Borough Clerk Tara Welinsky, Deputy Clerk Alise Rice and Assistant
Clerk Lina Cruz.
SKINNER moved to excuse assembly member Schroder who was absent due to personal leave.
APPROVAL OF AGENDA AND CONSENT AGENDA
ARNDT moved to approve the agenda and the consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
Regular Meeting Minutes Of May 16, 2019 and Special Meeting Minutes of May 23, 2019.
CITIZENS' COMMENTS
The following spoke under citizens' comments:
• Major Dave Davis, Salvation Army
• Johnathon Strong, Director of KAMP
• Craig Newbill
• Mel Stevens
• Bill Oliver, President of Kodiak Senior Citizens Center
• Jeff Stewart
• Justin Thran
AWARDS AND PRESENTATIONS
Received Bear Awareness Presentation from Nate Svoboda from the Department of Fish and
Game.
Mayor Rhorer declared the month of June 2019, Filipino American month and noted that Kodiak
is fortunate to count among its population a large concentration of citizens of Filipino descent,
including those who have lived in Kodiak for generations and those who are new to the Kodiak
area, who contribute to Kodiak's economy and society through their commitment to professions,
commerce, family, and the arts.
COMMITTEE REPORTS
None.
Kodiak Island Borough Assembly Regular Meeting Minutes
June 20, 2019 Page 1 of 7
PUBLIC HEARING
None.
BOROUGH MANAGER'S REPORT
Manager Michael Powers reported on the following:
• Met with trail proponents for a project from Lake Louise to the Coast Guard Main Gate.
• Met with ADEC staff on an inspection of the Landfill and Leachate Treatment Plant.
• Met with E&F staff regarding issues with Baler building improvements.
• Met with Finance/IT staff to discuss issues related to remote access to work stations.
• Spot checked spruce plantings in Chiniak. Trees are abundant and appear healthy.
• Met with ADF&G and KISA regarding culverts to be replaced on the Salonie Creek Range.
MESSAGES FROM THE BOROUGH MAYOR
Borough Mayor Rohrer reported on the following:
• Has been out of town on vacation and thanked Assembly member Skinner for covering
while he was away.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
1. Contract No. FY2020-01 with Discover Kodiak for Destination Marketing & Tourism
Development.
ARNDT moved to authorize the Borough Manager to execute Contract No. FY2020-01 with
Discover Kodiak for Destination Marketing & Tourism Development.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Kavanaugh, Skinner,
Smiley, Symmons, and Turner.
2. Contract FY2010-36(B) Approval of 5 -Year Extension For Gravel Operations by Brechan
Construction, LLC at the B -Tracts Gravel Sites.
ARNDT moved to approve Contract FY2010-36(B) with Brechan Construction, LLC at the 13 -
Tracts Gravel Sites.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Skinner, Smiley,
Symmons, Turner, and Arndt.
3. Contract FY2016-14C with City of Kodiak for Additional Office Space.
ARNDT moved to authorize the Borough Manager to execute Contract FY2016-14C with City of
Kodiak for Additional Office Space.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons,
Turner, Arndt, and Kavanaugh.
4. Contract No. FY2020-03 Kodiak High School and Fisheries Research Center Boiler
Replacement.
Kodiak Island Borough Assembly Regular Meeting Minutes
June 20, 2019 Page 2 of 7
KAVANAUGH moved to authorize the Borough Manager to execute Contract No. FY2020-03
Boiler Replacement for the Kodiak High School and Fisheries Research Center.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Turner, Arndt,
Kavanaugh, and Skinner.
5. Contract FY2020-04 with Tyler Technologies.
ARNDT moved to authorize the Borough Manager to execute Contract No. FY2020-04 with Tyler
Technologies.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Turner, Arndt,
Kavanaugh, Skinner, and Smiley.
Resolutions
1. Resolution No. FY2020-02 Reestablishing The Fees Of The Kodiak Island Borough.
ARNDT moved to adopt Resolution No. FY2020-02 Reestablishing The Fees Of The Kodiak
Island Borough.
KAVANAUGH moved to amend the motion by changing $330/ton to $355/ton.
ARNDT moved to amend the motion by changing $355/ton to $365/ton.
ROLL CALL VOTE ON MOTION TO AMEND THE FIRST AMENDMENT TO $365/TON
CARRIED FOUR TO TWO: Arndt, Smiley, Symmons and Turner (AYES); Kavanaugh, and
Skinner (NOES).
ROLL CALL VOTE ON MOTION ON THE FIRST AMENDMENT CARRIED
UNANIMOUSLY: Turner, Arndt, Kavanaugh, Skinner, Smiley, and Symmons.
Mayor Rohrer opened the public hearing. Seeing none and hearing none, Mayor Rohrer closed
the public hearing and reconvened the regular meeting.
ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Kavanaugh,
Skinner, Smiley, Symmons, Turner, and Arndt.
2. Resolution No. FY2019-19 Authorizing The Records Manager To Dispose Of Certain
Kodiak Island Borough Records.
ARNDT moved to adopt Resolution No. FY2019-19 Authorizing The Records Manager To
Dispose Of Certain Kodiak Island Borough Records.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons,
Turner, Arndt, and Kavanaugh.
3. Resolution No. FY2020-04 Approving Fiscal Year 2020 Nonprofit Funding.
ARNDT moved to approve Resolution No. FY2020-04 Fiscal Year 2020 Nonprofit Funding.
Kodiak Island Borough Assembly Regular Meeting Minutes
June 20, 2019 Page 3 of 7
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Turner, Arndt,
Kavanaugh, and Skinner.
Mayor Rohrer recessed the meeting for a short break at 8:37 p.m.
Mayor Rohrer reconvened the meeting at 8:46 p.m.
4. Resolution No. FY2019-24 Funding Request -Salmon Work Group FY2019.
SMILEY moved to recommend that the Assembly approve Resolution No. FY2019-24.
Clerks Note: Assembly member Turner was restricted from participating as he serves on the
Salmon Work Group Board. Assembly member Kavanaugh was not restricted from participating,
although her family owns commercial fishing permits.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Symmons, Arndt, Kavanaugh and
Smiley (AYES); Skinner (NO); Turner (EXCUSED); due to conflict of interest.
5. Resolution No. FY2020-09 Funding Request for Salmon Work Group Fiscal Year 2019.
SMILEY moved to approve Resolution No. FY2020-09 the Funding Request for the Salmon Work
Group FY2019.
Clerks Note: Assembly member Turner was restricted from participating as he serves on the
Salmon Work Group Board. Assembly member Kavanaugh was not restricted from participating,
although her family owns commercial fishing permits.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Arndt, Kavanaugh, Smiley, and
Symmons (AYES); Skinner (NO); Turner (EXCUSED); due to conflict of interest.
Ordinances for Introduction
1. Ordinance No. FY2019-20 Accessory Dwelling Units.
ARNDT moved to advance Ordinance No. FY2019-20 to public hearing on September 5, 2019 and
remand to Planning and Zoning for public hearing between now and September 5, 2019.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Kavanaugh, Skinner, Symmons,
Turner, and Arndt (AYES); Smiley (NO).
Other Items
1. Procurement Of Extrication Tools For Bayside Fire Department and Womens Bay Fire
Department.
ARNDT moved to authorize the Borough Manager to procure extrication tools for Bayside Fire
Department and Womens Bay Fire Department.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Turner,
Arndt, and Kavanaugh.
Kodiak Island Borough Assembly Regular Meeting Minutes
June 20, 2019 Page 4 of 7
2. Declaring A Seat Vacant On The Board Of Equalization (Ms. Carrie Morton).
ARNDT moved to accept with regret the resignation of Ms. Carrie Morton effective April 11, 2019
for a term to expire December 31, 2019 and direct the Borough Clerk to advertise the vacancy per
Borough Code.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Turner, Arndt,
Kavanaugh, and Skinner.
3. Declaring A Seat Vacant On The Parks And Recreation Committee (Mr. Bobby Bassham).
KAVANAUGH moved to accept with regret the resignation of Mr. Bobby Bassham effective June
8, 2019, for a term to expire December 31, 2020, and direct the Borough Clerk to advertise the
vacancy per Borough code.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Turner, Arndt,
Kavanaugh, Skinner, and Smiley.
4. Confirmation of Mayoral Appointment to the Solid Waste Advisory Board (Ms. Elaine
O'Brien).
KAVANAUGH moved to confirm the mayoral appoint of Ms. Elaine O'Brien to the Solid Waste
Advisory Board For A Term To Expire December 2020.
Clerk's Note: The Clerk's office received Ms. Elaine's application on May 10, 2019.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Kavanaugh, Skinner,
Smiley, and Symmons.
5. Confirmation of the Mayoral Appointment To The Architectural/Engineering Review Board
(Mr. Patrick Cummings).
KAVANAUGH moved to confirm the mayoral appoint of Mr. Patrick Cummings To The
Architectural/Engineering Review Board For A Term To Expire December 2020.
The Clerk's office received Mr. Cummings's application on May 18, 2019.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Kavanaugh, Skinner, Smiley,
Symmons, and Turner.
6. Settlement of A-1 Timber Consultants, Inc. v. Kodiak Island Borough, Case No. 3AN-18-
05416 Cl.
KAVANAUGH moved to approve the settlement recommended by the Borough Attorney.
Clerks Note: Mayor Rohrer recessed for a short break to review confidential papers handed out to
the assembly.
Kodiak Island Borough Assembly Regular Meeting Minutes
June 20, 2019 Page 5 of 7
SKINNER moved to convene into executive session under KIBC 2.30.030(F)(1)(a) for the purpose
of discussing pending litigation involving the Borough, receiving legal advice from the Borough's
counsel, and providing direction to counsel regarding handling of the matter.
SKINNER moved to invite the Mayor, Assembly, Borough Manager, Borough Clerk, and Borough
Attorney (via teleconference) and the Borough Clerk into executive session.
VOICE VOTE ON THE MOTION TO INVITE CARRIED UNANIMOUSLY.
ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED
UNANIMOUSLY: Kavanaugh, Skinner, Smiley, Symmons, Turner, and Arndt.
After the vote, Mayor Rohrer recessed the regular meeting and convened the executive session.
Upon returning from the executive session at 9:41 p.m., Mayor Rohrer reconvened the regular
meeting and announced that no action was taken as a result of the executive session.
ROLL CALL VOTE ON MAIN MOTION TO APPROVE SETTLEMENT with A-1 Timber Consultants
CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Turner, Arndt, and Kavanaugh.
7. Discussion of Contract No. FY2019-25 Solid Waste Collection Services For Fiscal Years
2021-2027.
SKINNER moved to postpone signing of Contract No. FY2019-25 to July 19, 2019
Clerks Note: Notice from Borough Attorney was read into the record.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Smiley, Symmons, Arndt, Kavanaugh,
and Skinner (AYES); Turner (NO).
CITIZENS' COMMENTS
The following spoke under citizens' comments:
• Justin Thran
• Jeff Stewart
ASSEMBLY MEMBERS' COMMENTS
Assembly Member Arndt had none.
Assembly Member Symmons spoke about the Food Bank.
Assembly Member Smiley had none.
Assembly Member Skinner reminded everyone that Consolidation Committee are accepting
applications.
Assembly Member Kavanaugh had none.
Assembly Member Turner gave an update on salmon fisheries.
Announcements
The next Assembly work session is scheduled for Thursday June 27, 2019, at 6:30 p.m. in the
School District Conference Room. Due to the 411 of July holiday the next regular meeting will be
on Tuesday, July 9, 2019, at 6:30 p.m. in the Borough Assembly Chambers.
Kodiak Island Borough Assembly Regular Meeting Minutes
June 20, 2019 Page 6 of 7
Absentee -By -Mail ballot applications are now available in the Borough Clerk's Office and on the
Borough's website. This year's municipal election will be held on Tuesday, October 1, 2019.
For more information, please call the Clerk's Office at (907) 486-9310.
EXECUTIVE SESSION
1. Markham v. Kodiak Island Borough Case No. 3KO-13-00-00471 CI and 3KO-14-00331
Cl.
SKINNER moved to convene into executive session to discuss litigation strategy and give
direction to the Borough Attorney regarding pending litigation. This qualifies for executive
session under KIBC 2.30.030(F)(1)(a) for the purpose of discussing pending litigation involving
the Borough, receiving legal advice from the Borough's counsel, and providing direction to
counsel regarding handling of the matter.
SKINNER moved to invite the Mayor, Assembly, Borough Manager, Borough Clerk, Acting
Assessor and Borough Attorney (via teleconference) into executive session.
ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED
UNANIMOUSLY: Symmons, Turner, Arndt, Kavanaugh, Skinner, and Smiley.
After the vote, Mayor Rohrer recessed the regular meeting and convened the executive session.
Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting and
announced that no action was taken as result of the executive session.
ADJOURNMENT
ARNDT moved to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
The meeting was adjourned at 10:15 p.m.
AST: . P// W"I�
a e insky, Borough Cle <
Kodiak Island Borough
June 20, 2019
KODIA ISLAN�D�BO�RO/UfGH
Daniel A. Rohrer, Mayor
Approved on:
Assembly Regular Meeting Minutes
Page 7 of 7