08/01/2019 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
August 1, 2019
A regular meeting of the Kodiak Island Borough Assembly was held on August 1, 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, and James Turner. Also present were Borough Manager Michael
Powers, Borough Clerk Tara Welinsky and Deputy Clerk Alise Rice.
SKINNER moved to excuse Assembly members Smiley and Schroeder who were absent due
to personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
ARNDT moved to approve the agenda and the consent agenda.
VOICE VOTE ON MAIN MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
Regular Meeting Minutes of July 18, 2019 were approved under consent agenda.
CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker)
The following spoke under citizen's comments:
• Sid Pruitt Jr.
• Bill Oliver, President of Kodiak Island Senior Citizens Center
• Jeff Stewart
AWARDS AND PRESENTATIONS
• 5 Year Longevity Award - Matt Gandel, Engineering and Facilities Project Manager
COMMITTEE REPORTS
Turner announced that the newly hired director for the Kodiak Community College decided to
step down.
PUBLIC HEARING
Kodiak Island Borough Assembly Regular Meeting Minutes
August 1, 2019 Page 1 of 6
1. State Of Alaska Alcohol And Marijuana Control Office, Application For A New Liquor
License From Three Sisters, LLC (dba: Wildflower), License No. 21069, Premises Address:
158 Alimaq Drive, Kodiak.
ARNDT moved to voice non protest to the issuance of a new retail marijuana store license for
Three Sisters, LLC (dba: Wildflower), License No. 21069, Premises Address: 158 Alimaq Drive,
Kodiak.
Mayor Rohrer opened the public hearing.
The following spoke under citizen's comments:
• Janise Stevens, owner of Three Sisters, LLC.
Mayor Rohrer closed the public hearing and reconvened the regular meeting.
ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Arndt, Skinner, Smiley, and Turner
(AYES); Kavanaugh (NO).
2. State Of Alaska Alcohol And Marijuana Control Office, Application For A New Liquor
License From Karluk Wilderness Adventures, LLC, (dba: Kodiak Brown Bear Center) License
No. 5813. Premises Address: T32S R30W TL 3601 Camp Island.
ARNDT moved to voice non protest to the issuance of a new liquor license for Karluk Wilderness
Adventures, LLC, (dba: Kodiak Brown Bear Center) License No. 5813. Premises Address: T32S
R30W TL 3601 Camp Island.
Mayor Rohrer opened the public hearing.
Seeing and hearing none, Mayor Rohrer closed the public hearing and reconvened the regular
meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Skinner, Smiley,
Turner, and Arndt.
3. Ordinance No. FY2019-01D Amending Ordinance No. FY2019-01, Fiscal Year 2019
Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget,
Providing For Additional Expenditures And Moving Funds Between Projects.
ARNDT moved to adopt Ordinance No. FY2019-01 D.
ARNDT moved to amend Ordinance No. FY2019-01D by decreasing the transfer from the
Facilities fund to the Renewal and Replacement fund by $98,887 and create a transfer from the
Facilities fund to the Debt Service fund of $338,982 which is the legal amount allowed by the
Facility fund rules.
Mayor Rohrer opened the public hearing.
Kodiak Island Borough Assembly Regular Meeting Minutes
August 1, 2019 Page 2 of 6
Seeing and hearing none, Mayor Rohrer closed the public hearing and reconvened the regular
meeting.
ARNDT moved to amend the WHEREAS in lines 46-55 to read:
WHEREAS, due to the Governor's 50% veto to the State's School Debt Reimbursement Program
for FY2020, staff requests a decrease of $98,887 of FY19 funds transferred from the Special
Revenue, Facilities Fund to the Capital Project Fund, Renewal & Replacement so the maximum
amount allowable can be contributed to the Debt Service Fund, School Debt; and
WHEREAS, staff requests a budget increase of $240,095 for Special Revenue Fund, Facilities
Fund and the transfer of $338,982 to the Debt Service Fund, School Debt, due to the Governor's
50% veto to the State's School Debt Reimbursement program for FY2020; and
ROLL CALL VOTE ON MOTION TO AMEND LINES 46-55 CARRIED UNANIMOUSLY: Smiley,
Turner, Arndt, Kavanaugh, and Skinner.
ROLL CALL VOTE ON MOTION TO AMEND BY DECREASING THE FACILITIES FUND BY
$98,887 CARRIED UNANIMOUSLY: Skinner, Smiley, Turner, Arndt, and Kavanaugh.
ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Turner, Arndt,
Kavanaugh, Skinner, and Smiley
BOROUGH MANAGER'S REPORT
Manager Michael Powers reported on the following:
• Governor's office does not intend to veto the Alaska Legislature's reverse sweep.
• Requested that Providence Hospital re-enter into negotiations on the LTC.
• Met with the Borough Clerk to discuss ways of improving internal operations.
• Spoke with a business that is interested in two to four apartments.
MESSAGES FROM THE BOROUGH MAYOR
Borough Mayor Rohrer reported on the following:
• Alaska Marine Highway winter schedule.
• Northern Economics is contracted to evaluate the needs of the Marine Highway.
UNFINISHED BUSINESS
None.
NEW BUSINESS
A. Contracts
None.
B. Resolutions
None.
C. Ordinances For Introduction
1. Ordinance No. FY2020-03 An Ordinance Of The Assembly Of The Kodiak Island
Borough Amending Kodiak Island Borough Code Title 9 Public Peace, Morals And
Kodiak Island Borough Assembly Regular Meeting Minutes
August 1, 2019 Page 3 of 6
Welfare, Chapter 9.10 Fireworks Control, Section 9.10.040 Use Prohibited To Prohibit
The Discharge Of Fireworks At Mill Bay Beach.
Skinner moved to advance Ordinance No. FY2020-03 to public hearing at the regular meeting
of the Assembly on September 5, 2019.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Kavanaugh, Skinner.
Smiley, and Turner.
D. Other Items
1. Mayoral Appointments Of The Members Of The Consolidation Committee.
ARNDT moved to postpone mayoral appointments to the next regular meeting of the Assembly
on August 15, 2019.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Skinner, Smiley,
Turner. and Arndt.
2. Request For Storage Space.
ARNDT moved to approve request for storage space.
SKINNER moved to amend the request for storage space to add the word temporary and to
add a six month out clause.
ROLL CALL VOTE ON AMENDMENT TO ADD THE WORD TEMPORARY AND A SIX MONTH
OUT CLAUSE CARRIED UNANIMOUSELY: Skinner, Smiley, Turner, Arndt, and Kavanaugh.
ROLL CALL VOTE ON MAIN MOTION CARRIED UNANIMOUSLY: Smiley, Turner, Arndt,
Kavanaugh, and Skinner.
3. Approval of Alaska Marine Highway System (AMHS) Letter.
SKINNER moved to ratify the approval and submission of the letter to the Alaska Marine
Highway System regarding the reduced winter ferry service to Kodiak and Southwest Alaska.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Kavanaugh,
Skinner, and Smiley.
CITIZENS' COMMENTS
The following spoke under citizens' comments:
• Jeff Stewart
• Michael Powers
ASSEMBLY MEMBERS' COMMENTS
Assembly member Smiley spoke of his recent hospitalization.
Assembly member Arndt reported on his conversation with Representative Stutes and Senator
Stevens.
Assembly member Skinner reminded the public that candidacy packets were available.
Kodiak Island Borough Assembly Regular Meeting Minutes
August 1, 2019 Page 4 of 6
Assembly member Kavanaugh spoke of local happenings in town and clarified her position
regarding marijuana applications.
Assembly member Turner spoke of local petitioners and gave an update of the salmon season.
Announcements
The next Assembly work session is scheduled for Thursday, August 8, 2019, at 6:30 p.m. in the
School District Conference Room. The next regular meeting is scheduled on Thursday, August
15, 2019, at 6:30 p.m. in the Borough Assembly Chambers.
EXECUTIVE SESSION
1. Markham vs. Kodiak Island Borough Case No. 3KO-13-00-00471CI and 3KO-14-
00331 CI.
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.
UNANIMOUSLY: Arndt, Kavanaugh, Skinner, Smiley, and Turner.
SKINNER moved to invite the Mayor, Assembly, Borough Manager, Borough Clerk, Borough
Assessor and Borough Attorney (via teleconference) into executive session.
VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY.
After the vote, Mayor Rohrer recessed the regular meeting and convened into executive
session.
Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting and
announced that direction was given to the Borough Attorney to work towards a settlement on
these cases.
ADJOURNMENT
SMILEY moved to adjourn the meeting.
VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY.
This meeting was adjourned at 8:02 p.m.
Kodiak Island Borough Assembly Regular Meeting Minutes
August 1, 2019 Page 5 of 6
ATTEST:
/i /'Y Ix
Welinsky, Borough Clerl
Kodiak Island Borough
August 1, 2019
KODIP>K LAND BOROUG
Daniel A. Rohrer, Mayor
Approved on:
Assembly Regular Meeting Minutes
Page 6 of 6