02/23/2023 Special MeetingKODIAK ISLAND BOROUGH
Assembly Special Meeting
February 23, 2023
A special meeting of the Kodiak Island Borough Assembly was held on February 23, 2023, 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. Staff present were Interim Borough Manager David
Conrad, Borough Clerk Nova M. Javier and Assistant Clerk Irene Arellano
ROLL CALL
Present were Mayor Aimee Williams, Assembly members Joseph Delgado, Larry Ledoux,
Geoffrey Smith, Scott Smiley, and James Turner.
CITIZENS COMMENTS
None.
CONSIDERATION OF MATTER(S) IN THE CALL FOR THE SPECIAL MEETING
A. Approval Of A Memorandum Of Understanding With Tangirnaq Native Village For
Woody Island Trails
SMILEY moved to approve and authorize the manager to sign the Memorandum of
Understanding with Tangirnaq Native Village for Woody Island Trails.
Leisnoi is assisting the Tangirnaq Native Village regarding inclusion of certain trails
within the Tribes Long Range Transportation Plan. Portions of the trails are located on
KIB owned property.
The special meeting was called for this due to the BIA Anchorage Office of Tribal
Transportation February 28, 2023, deadline for submitting 2023 Long Range
Transportation Plan (LTRP). For the LRTP to be complete, all MOU's must have
signatures by both parties. We believe that the MOU as it is stated does not pose a
material increase in Borough liability risk, because we are warning people that the trails
are not maintained.
This MOU would not require Planning and Zoning Commission review under
18.20.030A, because it is not being called out as a disposal of interest in land. This
MOU is not definite as to dedication of these trail routes for transportation and keeping
them open for public access, but rather talks about designating them as public routes in
the Tribes NTTFI, with the Borough able to change its mind at will. While CDD and the
Managers office feel that this is not considered a disposal of real property because the
Borough is retaining all rights and no property interest in the lands are being conveyed
by the MOU, if the Assembly feels they want to seek the Planning and Zoning
Commission input before voting on this MOU, the MOU can be placed on the March
agenda for the Commission if the Assembly decides so tonight. This would delay the
vote by the Assembly until April 6, 2023.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Delgado, Ledoux, Smiley,
Smith, and Turner.
Kodiak Island Borough Assembly Special Meeting Minutes
February 23, 2023 Page 1 of 3
B. Approval Of The Alaska Department Of Fish And Game (ADF&G) Hunter Access
Grant Program Application r 3
SMILEY moved to authorize the Borough Manager to apply for the Hunter Access U
Grant Program.
The Hunter Access Grant Program is designed to provide funds for projects aimed to
develop and enhance access to hunting, trapping, shooting and other wildlife related
recreational opportunities. This grant opportunity is being submitted for the
replacement of the log bridge at approximately Mile 26 of the Chiniak Highway. This is
the singular entry location for access to the 700 plus acreage of borough public lands
in Chiniak. The project aim is to develop and enhance access to hunting, trapping,
shooting, and other wildlife -related recreational activities on this public property.
A preliminary estimate of $200,000 dollars has been developed with the use of
previous similar projects. Staff estimates approximately $50,000 or 25% of the total
cost as the grant required match.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Smiley, Smith,
Turner, and Delgado.
C. Confirmation Of Assembly Appointment To The Mission Lake "Tide Gate" Service Area
Board (Mr. Randy Ensign)
SMILEY moved to confirm the appointment of Mr. Randy Ensign to the Mission Lake
"Tide Gate" Service Area Board for a seat to expire October 2025.
There is currently one vacant seat on the Mission Lake "Tide Gate" Service Area Board
to expire 2025. On February 17, 2023, the Clerk's Office received an application from
Mr. Randy Ensign for the vacant seat. Mr. Ensign's application was forwarded to the
Mission Lake "Tide Gate" Service Area Board for consideration.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Turner,
Delgado, and LeDoux.
D. Consideration Of The Appointment Or The Process For Appointing A Borough
Manager
The Assembly has been soliciting applications for persons interested in the position of
Borough Manager. The process followed has been to hold the position open until filled,
with a preliminary consideration of applications received before July 13, 2022. Several
applications have been received and the Assembly has interviewed a number of
candidates. At this point the Assembly has several alternatives. KIBC 2.45.020 provides
that the Assembly has the power to appoint a manager by majority vote. It does not
require a particular process. Neither the code, nor other laws, require a particular
process for the Assembly to determine who it chooses to appoint as Borough manager.
If the Assembly desires to seek another round of applicants, the Assembly can provide
direction to staff as to whether and how that should be done. If instead the Assembly
Kodiak Island Borough Assembly Special Meeting Minutes
February 23, 2023 Page 2 of 3
wants to appoint a manager from among the applicants or other persons who may not
be applicants but whom the Assembly desires as a Borough manager, it may do so by
motion and vote. A majority (four votes) is required for selection of a manager unless
the Assembly seeks to appoint one of its members, in which case six votes in favor of
such a motion are required for passage.
If the Assembly wants to discuss qualifications of a particular candidate including
matters which might tend to prejudice their reputation or character in executive session,
then that person should be given notice and may require the discussion to take place in
open session.
TURNER moved to convene into executive session to discuss the consideration of the
appointment or the process for appointing a Borough Manager which qualifies under
KIBC 2.30.030 (F)(1)(a) Potential For Litigation and KIBC 2.30.030 (F)(1)(b) A matter
the immediate public knowledge of which would tend to affect adversely the finances of
the borough.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smith, Turner, Delgado,
LeDoux, and Smiley.
SMILEY moved to invite the Mayor and Assembly members into executive session.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Delgado, LeDoux,
Smiley, and Smith.
After the vote, Mayor Williams recessed the special meeting and convened the
executive session at 7:21 p.m.
Upon returning from the executive session, Mayor Williams reconvened the special
meeting at 7:47 p.m. and announced that no action was taken as a result of the
executive session.
ADJOURNMENT
SMILEY moved to adjourn the meeting at 7:57 p.m. and to reconvene on February 27, 2023,
at 6:30 p.m.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
KODIAK ISLAND BOROUGH
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Aimee Williams, Borough Mayor
ATTEST:
No a M. Javier, Borough C rk
LKodiak Island Borough Assembly Special Meeting Minutes
February 23, 2023 Page 3 of 3