05/06/2021 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
May 6, 2021
A regular meeting of the Kodiak Island Borough Assembly was held on May 6, 2021, in the
Bayside Volunteer Fire Department - 4606 East Rezanof Drive. The meeting was called to order
at 6:30 p.m.
The invocation was given by Major David Davis of the Salvation Army. Mayor Roberts led the
Pledge of Allegiance.
Present were Mayor Bill Roberts, Assembly members Scott Arndt, Duane Dvorak, Geoffrey
Smith, James Turner, and Aimee Williams. Also present were Borough Manager Michael
Powers, Borough Clerk Alise Rice, and Assistant Clerk Mitchell Davidson.
TURNER moved to excuse Assembly members Kavanaugh and Symmons who were absent
due to personal leave.
ROLL CALL VOTE ON MOTION FAILED THREE TO TWO: Dvorak, Smith, and Williams
(AYES); Arndt and Turner (NOES).
APPROVAL OF AGENDA
ARN DT moved to approve the agenda.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Smith, Turner, Williams,
and Arndt.
APPROVAL OF MINUTES
None.
CITIZENS' COMMENTS
The following spoke under citizens comments:
• Hunter Blair
• Julie Hill
• Kim Saunders
• Rebecca Nelson
• Paul VanDyke
• Ben Millstein
AWARDS AND PRESENTATIONS
Mayor Roberts proclaimed the month of May 2021 as National Historic Preservation Month and
called upon the people of Kodiak to join their fellow citizens across the United States in
recognizing and participating in this special month through the activities that are happening in
our community during the month of May.
COMMITTEE REPORTS
• None.
PUBLIC HEARING
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May 6, 2021 Page 1 of 10
A. Application For Distillery License, Kodiak Island Brewing Company, LLC, Doing
Business As: Kodiak Island Still.
ARN DT moved to voice non protest.
On, March 11, 2021, the Kodiak Island Borough Clerk's Office received notification regarding the
attached license application for a new liquor license for Kodiak Island Brewing Company, LLC,
dba: Kodiak Island Still.
To protest the approval of this application(s), pursuant to 3 AAC 306.060, KIB must furnish the
AMCO director and the applicant with a clear and concise written statement of reasons for the
protest within 60 days of the date of the notice (by May 10, 2021) and provide AMCO proof of
service of the protest upon the applicant.
To summarize, the Clerk's Office followed KIBC 5.01.030 and processed the attached application.
Staff checked with the borough department directors including the building official and Fire
Marshal to determine if there was an interest which can be protested with the approval of the said
license issuance, none was reported. The forms distributed for this are included in this packet.
Public hearing notices were mailed out on April 8, 2021 to those property owners with in the 1,500
radius. On April 13, 2021, a letter of protest was received from citizen Mr. Wade Bell and on April
16, 2021 a citizen's comment of non -protest was received from Ms. Rae Jean Blaschka. No
additional public hearing comments were received.
Notice of public hearing was advertised in the newspaper on April 30, 2021.
Mayor Roberts opened the public hearing.
CITIZENS' COMMENTS
The following spoke under citizens' comments:
• Ben Millstein
Mayor Roberts closed the public hearing and reconvened the regular meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smith, Turner, Williams, Arndt, and
Dvorak.
B. Ordinance No. FY2021-35 Writing Off The Personal, Lease And Mobile Home
Property Delinquent Taxes, Penalties, Interest, And Fees Of Those Non -
Collectable Tax Accounts.
ARNDT moved to adopt Ordinance No. FY2021-35.
This item was introduced on 04/15/2021 and advanced to public hearing at the regular meeting
on 05/06/2021.
It is the desire of staff to have the Kodiak Island Borough's accounts current and properly reflect
the financial status of the Borough in accordance with generally accepted accounting principles.
The Kodiak Island Borough code does not identify a specific method of writing off delinquent
accounts determined uncollectible.
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As part of the routine practice to bring the accounts current in compliance with generally accepted
accounting principles includes classifying and writing off as uncollectible those accounts
determined uncollectible.
Staff has complied ten (10) personal, one (1) mobile home, and three (3) lease properties which
have been determined as uncollectible for various reasons. All resources to collect and locate
valid addresses to the delinquent tax accounts have been exhausted.
$127325.74 - Base Tax Total
$ 5,672.02 - Penalties and Interest Total
$ 1,201.76 - Miscellaneous Fees Total
The total requested to be written off is $19,199.52.
Mayor Roberts opened the public hearing.
Seeing and hearing none, Mayor Roberts closed the public hearing and reconvened the regular
meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, Dvorak,
and Smith.
BOROUGH MANAGER'S REPORT
Manager Powers reported on the following:
• Budget:
• Met with the School District to discuss their excess funds available.
• Discussed the situation with staff, consultant, and reviewed DEED local funding
requirements.
• Facilities:
• Met with staff regarding capital projects (current and future).
• Discussed work and coverage schedules, landfill/LTP issues, extra help staff and
related items.
• Discussed various aspects of the clean-up.
• Finance:
• Reviewed various financial sources regarding the national trends on interest rates,
bond yields and related investments. Saw a spike until Janet Yellen reversed her
position.
• Legislative:
• Reviewed various legislative reports, interviews, and comments from the electeds in
Juneau. It is unclear still what the final budget will look like and the potential for a
veto.
• Federal Funding -No guidance on Stimulus 3 as of yet.
• Personnel:
• Worked on numerous personnel issues including recruitments, two resignations,
Annual reviews and a case going to arbitration.
• Alaska Waste:
• Solid Waste -Met with Alaska Waste to discuss current operations under the contract,
potential changes related to Chiniak and Pasagshak, lock bars and lids (replacement
cost) and whether a delivery fee less than the haul fee would be appropriate.
• We also discussed their interest in an alternative facility.
MESSAGES FROM THE BOROUGH MAYOR
Kodiak Island Borough Assembly Regular Meeting Minutes
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Mayor Roberts reported on the following:
• Phone call with the City Mayor on phone calls she was receiving from elderly citizens
with complaints about Hillside Street and Selief not having trash service any longer.
CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS
• None.
CONSIDERATION OF CALENDAR - NEW BUSINESS
CONTRACTS
A. Contract No. FY2021-20 Procurement Of Type 6 Wildiand Engine For Womens Bay
Volunteer Fire Department.
ARNDT moved to authorize the Borough Manager to execute Contract No. FY2021-20 with
BrandFX for the procurement of a Type 6 Wildland Fire Apparatus in an amount not to exceed
$174,534 for Womens Bay Volunteer Fire Department.
The Womens Bay Service Area Board has authorized the procurement of this vehicle and funding
is available for the procurement.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Dvorak, Smith, and
Turner.
B. Contract No. FY2021-22 Borough Building Boiler Room Upgrades.
ARNDT moved to reject all bids.
This contract is for removal and replacement of the boilers and generator at the Borough Building,
including all related boiler room equipment and completion of hazardous material abatement, as
necessary. The existing boilers at the Borough and Maintenance Building are over 50 years old
and have reached the end of their useful life. Alternates were included for removal and
replacement of the boilers at the Maintenance Building and electrical gear adjacent to the
Maintenance Building. Design was completed by Jensen Yorba Wall and RSA Engineers and
approved by the Architectural/Engineering Review Board.
An invitation to bid was issued on April 2, 2021 and bids were due and opened on April 27, 2021.
One (1) bid was received, from Wolverine Supply, Inc. of Wasilla. Staff is recommending award
of the base bid and alternate to complete the work at the Maintenance Building. This work is
scheduled to be complete by October 5, 2021.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Smith, Turner, and
Williams.
RESOLUTIONS
A. Resolution No. FY2021-37 Establishing The City Of Kodiak And Kodiak Island
Borough Cooperative Relations Committee.
ARNDT moved to approve Resolution No. FY2021-37.
During the Joint Work Session of the City Council and Borough Assembly on March 3, 2021, there
was a consensus to establish a Cooperative Relations Committee.
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The Kodiak City Mayor and City Council agree they share similar relationships with a number of
public and private organizations for which coordination between the two governments would likely
be beneficial. Increased cooperation and coordination between the legislative bodies of the City
and Borough would likely improve the efficiency of public services and reduce costs to the
taxpayers of both entities.
Should this resolution pass, Mayor Roberts intends to appoint the following Assembly members:
• Assembly member Julie Kavanaugh
• Assembly member Geoffrey Smith
• Assembly member Aimee Williams
• Borough Manager, Michael Powers, will serve as nonvoting consulting member.
ARNDT moved to table indefinitely.
ROLL CALL VOTE ON MOTION TO TABLE INDEFINITELY CARRIED UNANIMOUSLY: Smith,
Turner, Williams, Arndt, and Dvorak.
B. Resolution No. FY2021-40 Re -Establishing The Fees Of The Kodiak Island
Borough.
ARNDT moved to adopt Resolution No. FY2021-40.
KI B Code 3.10.190 ordains that all fees be reviewed on an annual basis. Staff has compiled a
list of recommended changes to the current fee schedule for fiscal year 2022 as shown on the
attached exhibit.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, Dvorak,
and Smith.
ORDINANCES FOR INTRODUCTION
A. Ordinance No. FY2021-01 H Of The Assembly Of The Kodiak Island Borough
Amending Ordinance No. FY2021-01, Fiscal Year 2021 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 advance Ordinance No. FY2021-01 H to public hearing at the next regular
meeting of the assembly on May 20, 2021.
Update: 04/30/2021
Staff has:
updated the information with the assembly's request for the current cash balance of the
funds.
attached a current report on the School R&R Facilities Bond projects (Fund 470)
attached a current report summary for the projects included in this ordinance (with the
exception of Fund 470 which is in a separate report)
Original
This ordinance details changes and accounts for additional funding requests which occurred
during the current fiscal year for items or circumstances not known or expected during the initial
creation of the FY2021 Budget.
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Funds:
Funds are accounts established to collect money that must be used for a specified purpose. The
following funds are being changed with this budget amendment.
• Fund 220 Building and Grounds (current cash balance: $1,562,198)
o transfer $75,000 to Fund 469 for Borough Building Abatement/Mechanical
Upgrades project
o transfer $25,000 to Fund 415 for Peterson Elementary Roof Replacement project
o receive $115,000 from Fund 450 Capital Project Fund from completed Borough
Building Exterior Painting project
• Fund 250 Fire Protection Area #1 (current cash balance: $410,674)
o transfer $7,213.55 to Fund 450 for completed Exhaust Venting System Install
project
• Fund 530 Solid Waste Disposal & Collection (current cash balance: $6,876,155)
o transfer $10,000 to Fund 490 for Leachate Aeration project
o transfer $55,748.98 to Fund 490 for Landfill Scale Shack project
• Fund 540 Hospital (current cash balance: $5,727,284)
o transfer $85,000 to Fund 445 for Long Term Care Fuel Line Replacement project
o transfer $2,600,000 to Fund 495 for the Providence Kodiak Island Medical Center
(PKIMC) Retaining Wall project
• Fund 555 Kodiak Fisheries Research Center (KFRC) Fund (current cash balance
$21803, 006)
o transfer $50,000 to Fund 426 for the KFRC Exterior project
o transfer $314,086.07 to Fund 426 for the completed KFRC Digital Data Controls
Upgrade project
Proiects:
Since most projects cover multiple years, the Borough does not create annual budgets for them.
Instead, each project budget is developed when the project is originated. Throughout the life of a
project, funds will cycle in and out of the perspective budgets due to continuous changes with the
scope of work, expenses which are over and under original estimates, or funds remaining at
project completion. The projects being amended by this budget amendment are:
• Fund 415 -Peterson Elementary Roof Replacement project (increasing by $25,000)
• Fund 426 - KFRC Exterior project (increasing $50,000)
• Fund 426 - KFRC Digital Data Controls Upgrade project (increasing $314,086.07)
• Fund 445 -Long Term Care Fuel Line Replacement project (increasing by $85,000)
• Fund 450 -Borough Building Exterior Painting project (decreasing by $115,000)
• Fund 450 -Exhaust Venting System Install project (increasing by $7,213.55)
• Fund 455 -Tsunami Siren Upgrades 2020 project (increasing by $91,785)
• Fund 469 -Borough Building Abatement Mechanical Upgrades project (increasing by
$75,000)
• Fund 470 -Redirect $867,467 within the Fund:
• Fund 490 - Leachate Aeration project (increasing by $10,000)
• Fund 490 -Landfill Scale Shack project (increasing by $55,748.98)
• Fund 495 - PKMIC Retaining Wall project (increasing by $2,600,000)
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Dvorak, Smith, and
Turner.
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B. Ordinance No. FY2021-41 Reestablishing Boards, Committees, And
Commissions As Established In The Kodiak Island Borough Code Of Ordinances
Title 2 Administration And Personnel Chapter 2.100 Boards, Committees, And
Commissions.
ARNDT moved to advance Ordinance No. FY2021-41 to public hearing at the next regular
meeting of the assembly on May 20, 2021.
All boards, committees, and commissions established under Title 2 of the Borough Code, with the
exception of those mandated by state law, shall terminate by operation of law three years from
the date of passage of this section, unless affirmatively reestablished or continued by the
assembly for a period not to exceed three years. The boards, committees, and commissions
reestablished per this Ordinance will be for three years, starting May 20, 2021 until December 31,
2024.
Chapter 2.110 - Emergency Services Council
Last met on April 15, 2021
Chapter 2.120 - Parks and Recreation Committee
Last met on January 28, 2020
Chapter 2.125 - Architectural/Engineering Review Board
Last met on March 15, 2021
Chapter 2.145 - Solid Waste Advisory Board
Last met on April 28, 2021
Chapter 2.160 - Borough Lands Committee
Last met on July 25, 2018
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Smith, Turner, and
Williams.
OTHER ITEMS
A. Confirmation Of Mayoral Appointment To The Planning And Zoning Commission,
Mr. Andrew Kenneson.
ARNDT moved to confirm the mayoral appointment of Mr. Andrew Kenneson to the Planning and
Zoning Commission borough seat to expire December 2022.
On April 23, 2021, the Clerk's office received Mr. Kenneson' s application for the Planning and
Zoning Commission borough seat that expires December 2022.
Mr. Kenneson currently resides at 4197 Shoreline Circle, Apt. 3, this qualifies him for a borough
seat as his residence is outside of the City of Kodiak city limits. He has resided in the borough for
10 months.
He is not currently serving on other Boards, Commission, or Committees.
He does not currently belong to or participate in any other organizations.
His main reason for applying:
"I've long been interested in zoning rules and regulations, especially in how they affect the
look and feel of a city, as well as affordability. I want to learn more about how these policies
are made and have a small voice in the direction of my new home."
His background, experience, and expertise that he will bring to the commission:
"Before taking my current job at the Kodiak Island Housing Authority, I worked at the Kodiak
Daily Mirror. I covered borough government, among other things. So, I am fairly aware of
some of the big issues facing the borough. Throughout my career as a reporter, I have also
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May 6, 2021 Page 7 of 10
written extensively on planning -adjacent topics like housing, economic development,
transportation, and urban design. In my job today, I think about housing affordability all the
time, which is deeply affected by planning and zoning decisions."
Pursuant to KIBC 2.100.070 (A.6) and 4.15.070 (A.7) Other than by expiration of the members
term, the assembly shall declare a seat vacant when a member of the board misses three
consecutively held regular meetings and is not excused.
Mr. Kenneson has indicated that he is available to attend regular commission meetings.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Smith, Turner, Williams,
and Arndt.
B. Confirmation Of Mayoral Appointment To The Planning And Zoning Commission,
Mr. Paul VanDyke.
ARNDT moved to confirm the mayoral appointment of Mr. Paul VanDyke to the Planning and
Zoning Commission borough seat that will expire December 2023.
On April 9, 2020, the Clerk's office received Mr. VanDyke's application for the Planning and
Zoning Commission borough seat that expires December 2023.
Mr. VanDyke resides at 2678 Lakeview Drive; this qualifies him for a borough seat as his
residence is outside of the City of Kodiak city limits. He has resided in the borough for 39 years.
He is currently serving on:
Fire Protection Area No. 1 Service Area Board
Consolidation Committee
He currently belongs to or participates in:
USCG Auxiliary
Civil Air Patrol
His main reason for applying:
"Providing input in the future of Kodiak."
His background, experience, and expertise that he will bring to the commission:
"14 years of managing property record information in GIS, with 8 years managing the
Borough's GIS resources and building an award -winning program. Additionally, I have
several years of construction experience in various trades. My experience on other boards
has been demonstrated my ability to be a team player and work well with others."
Pursuant to KIBC 2.100.070 (A.6) and 4.15.070 (A.7) Other than by expiration of the members
term, the assembly shall declare a seat vacant when a member of the board misses three
consecutively held regular meetings and is not excused.
Mr. Vandyke has indicated that he is available to attend regular commission meetings.
ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Smith, Turner, Williams, Dvorak
(AYES); Arndt (NO).
C. Confirmation Of Mayoral Appointment To The Bay View Road Service Area Board,
Mr. Lucas Baxter.
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ARNDT moved to confirm the mayoral appointment of Mr. Lucas Baxter to the Bay View Road
Service Area Board for a seat that will expire December 2023.
On April 22, 2021, the Clerk's office received Mr. Lucas Baxter's application for the Bay View
Road Service Area Board seat that expires December 2023.
Mr. Baxter resides at 2915 Bay View Drive, this qualifies him for a borough seat as his residence
is outside of the City of Kodiak city limits. He has resided in the borough for 7 years and the
service area for 5 years.
He is not currently serving on other Boards, Commission, or Committees.
He does not currently belong to or participate in any other organizations.
His main reason for applying:
This field was not completed on Mr. Baxter's application.
His background, experience, and expertise that he will bring to the commission:
This field was not completed on Mr. Baxter's application.
Pursuant to KIBC 2.100.070 (A.6) and 4.15.070 (A.7) Other than by expiration of the members
term, the assembly shall declare a seat vacant when a member of the board misses three
consecutively held regular meetings and is not excused.
Mr. Baxter has indicated that he is available to attend regular commission meetings.
ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Turner, Williams, Arndt, and Dvorak
(AYES); Smith (NO).
CITIZENS' COMMENTS
The following spoke under citizens comments:
• Paul VanDyke
• Michael Powers
ASSEMBLY MEMBER' COMMENTS
• Assembly member Arndt had no comment.
• Assembly member Williams reminded everyone of the community cleanup day on
Saturday. Spoke on the progress of the budget, expressing concern for possibly not
enough time and suggested a work session.
• Assembly member Turner had no comment.
• Assembly member Smith echoed Assembly member Williams's sentiments on the
budget and supported a Saturday work session.
• Assembly Dvorak echoed Assembly members Smith and Williams sentiments on the
budget and supported a Saturday work session. Agreed with Mr. Blair on his citizen
comment about the Jump Start program, it is a good program. Spoke on ATV's using
public roadways and asked if the assembly thought they should give comment to the
legislature on this.
ANNOUNCEMENTS
The next Work Session of the Assembly will be held Thursday, May 13th at 6:30 p.m. at
Bayside Fire Hall. The next Regular Meeting of the Assembly will be held Thursday,
May 20th at 6:30 p.m. at Bayside Fire Hall.
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EXECUTIVE SESSION
A. Continued Discussion Of The Borough Manager, Michael Powers, Evaluation.
ARNDT moved to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(c)
to discuss Borough Manager, Michael Powers, evaluation, a matter which might include a
discussion that could potentially prejudice the reputation and character of the individual.
Borough Manager, Michael Powers, called point of order. He objected and refused the assembly
the motion to enter into executive session, because he had not been properly noticed of the
session.
ARNDT withdrew his motion to convene into executive session.
ADJOURNMENT
ARNDT moved to adjourn the meeting.
VOICE VOTE ON ADJOURNMENT CARRIED UNANIMOUSLY
The meeting was adjourned at 8:02 p.m.
KODIAK ISLA RO G
William Roberts, Mayor
Approved on: May 20, 2021
ATTEST:
Alise ts\Rice, Borough Clerk
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