01/17/2008 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held January 17, 2008 in the
Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting
was called to order at 7:30 p.m.
The invocation was given by Captain John Quinn of the Salvation Army.
Present were Mayor Jerome Selby, Assembly members Tom Abell, Jerrol Friend, Sue Jeffrey,
Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova
Javier, and Assistant Clerk Jessica Kepley.
Assembly members Branson and Oswalt were out on personal leave.
ABELL moved to excuse Assembly members Branson and Oswalt, seconded by FRIEND.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
JEFFREY moved to approve the agenda and consent agenda, seconded by FRIEND.
VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY.
This contract was approved under consent agenda: Contract No. FY2008 -23 Authorizing the
Borough Manager to Sign a Memorandum of Agreement (MOA) Between the City of Larsen Bay
and the Kodiak Island Borough that Transfers Any Grant Liability Associated with Legislative
Grant 07 -DC -324 Larsen Bay Equipment from the Kodiak Island Borough to the City of Larsen
Bay.
APPROVAL OF MINUTES — None.
AWARDS AND PRESENTATIONS
A. Employee of the Quarter
Manager Gifford presented the Employee of the Quarter Award to Sharon Blakeslee,
Programmer /Analyst in the MIS Department.
B. Student of the Month
Mayor Selby presented the January Student of the Month Award to Donald Kewan Jr., a
Senior at the Port Lions School.
CITIZENS' COMMENTS
KODIAK ISLAND BOROUGH
Regular Assembly Meeting
January 17, 2008
Iver Malutin reported on the activities of the Prince Williams Sound Regional Advisory Council.
He advised that Mr. Nestic would like to resign from his seat and asked him to be his
replacement.
Kodiak Island Borough Assembly Minutes
January 17, 2007 Page 508
COMMITTEE REPORTS
Dale Nash, AADC President and Chief Operating Officer, gave a report on the different activities
that were ongoing at the launch facility. Discussion ensued regarding a third launch pad
complex.
Assembly member Friend reported on the 2008 School District budget process.
Assembly member Stutes attended the Counseling Center Advisory Board meeting and
reported on the different programs of the Center such as the Outward Bound program.
Assembly member Jeffrey reported on the Kodiak College Council meeting and Kodiak
Fisheries Advisory Committee (KFAC) meeting. She announced that the crew members'
proposal was being discussed.
PUBLIC HEARING — None.
BOROUGH MANAGER'S REPORT
Manager Gifford gave a status update on the following: Kodiak Middle School upgrades, pool
project, Community Health Center project, soil contamination at the High School, Peterson
Elementary Seismic upgrades, and the Ouzinkie gym. He will be travelling to Anchorage on
January 24 -25 for AML /JIA and January 30- February 2 for Southwest Alaska Municipal
Conference (SWAMC.)
MESSAGES FROM THE BOROUGH MAYOR
Mayor Selby will be attending Alaska Municipal League January 22 -25 and SWAMC January 31
to February 1.
UNFINISHED BUSINESS — None.
NEW BUSINESS
A. Contracts - Contract No. FY2008 -23 was approved under consent agenda.
B. Resolutions
1. Resolution No. FY2008 -22 Adopting the Kodiak Island Borough Strategic Plan for the
Years 2008 -2012.
ABELL moved to adopt Resolution No. FY2008 -22, seconded by JEFFREY.
Manager Gifford reported the Assembly held a strategic planning session on January 5, 2008
and the session culminated in the preparation of this resolution.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Friend, Jeffrey, Lynch, and
Stutes.
2. Resolution No. FY2008 -23 Adopting a Federal Capital Improvement Program for the
Fiscal Years 2008 -2012.
FRIEND moved to adopt Resolution No. FY 2008 -23, seconded by JEFFREY.
Kodiak Island Borough Assembly Minutes
January 17, 2007 Page 509
Manager Gifford reported this resolution identified the needs for the next five years. Enumerated
were six main projects that will be submitted to the Alaska Congressional delegation for funding
consideration. He reaffirmed that the list was not prioritized.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Stutes,
and Abell.
C. Ordinances for Introduction
1. Ordinance No. FY2008 -13 Amending Title 2 Administration and Personnel, Chapter
2.17 Borough Assembly, Section 2.17.070 Ordinances, Resolutions, and Motions to
Clarify Request for Ordinances or Legal Opinions Processes.
ABELL moved to adopt Ordinance No. FY2008 -13 in first reading to advance to public hearing
on February 21, 2008, seconded by STUTES.
Manager Gifford reported this ordinance was requested by Assembly member Abell which
addressed a change on who should prepare ordinances and clarified that all written legal
opinions, relating to borough business, should go through the manager's or clerk's office.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Stutes, Abell, and
Friend.
2. Ordinance No. FY2008 -14 Amending Title 2 Administration and Personnel, Chapter
2.17 Borough Assembly, Section 2.17.070 Ordinances, Resolutions, and Motions to
Provide a Procedure for Re- visiting Failed Ordinances, Resolutions, and Motions.
JEFFREY moved to adopt Ordinance No. FY2008 -14 in first reading to advance to public
hearing on February 21, 2008, seconded by ABELL.
Manager Gifford reported this ordinance was requested by Assembly member Abell which deals
with motions that could present a challenge to the Assembly by re- visiting failed motions that
reach the same outcome meeting after meeting.
Assembly member Abell explained that he would like to take a proactive approach, although
there has not been a precedence of abuse not having a policy in place.
Assembly member Jeffrey explained there were options presented to the Assembly and she
favored option B.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Abell, Friend, and
Jeffrey.
D. Other Items
1. Assembly Appointment to the Personnel Advisory Board.
JEFFREY moved to confirm the appointment of Susan Killary to the Personnel Advisory Board
for a term to expire 2010, seconded by ABELL.
Clerk Javier advised this appointment was to expire 2010. Ms. Killary's application was
submitted to Borough employees, two emails were received supporting her appointment.
Kodiak Island Borough Assembly Minutes
January 17, 2007 Page 510
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Friend, Jeffrey, and
Lynch.
2. Mayoral Appointments to Planning and Zoning Commission.
ABELL moved to confirm the Mayoral appointment of Mr. Jim Purdy on the Borough seat to
expire 2008 on the Planning and Zoning Commission, seconded by JEFFREY.
There were two applicants for a Borough seat to expire 2008: Jim Purdy and Alan Torres. This
was for the seat vacated by Gary Carver.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Friend, Jeffrey, Lynch, and
Stutes.
3. Mayoral Appointments of Assembly Representative to the Kodiak College Council
and Kodiak Fisheries Advisory Committee.
FRIEND moved to confirm the mayoral appointment of Assembly member Jeffrey as the
Assembly representative to the Kodiak College Council and the Kodiak Fisheries Advisory
Committee, seconded by STUTES.
Clerk Javier reported these two seats were left vacant during the annual appointment process.
Mayor Selby requested the confirmation of his appointment of Assembly member Jeffrey as the
Assembly representative to the Kodiak College Council and Kodiak Fisheries Advisory
Committee.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Stutes,
and Abell.
4. Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council.
ABELL moved to confirm the mayoral appointment of Elizabeth Chilton to a three -year seat to
expire March 2011 to the Cook Inlet Regional Citizens Advisory Council, seconded by FRIEND.
Ms. Mary Jacobs has served as the Kodiak Island Borough representative on the Cook Inlet
RCAC board since 2001 and she tendered her resignation. Ms. Elizabeth Chilton expressed an
interest to become the replacement. This appointment will expire March of 2011.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Stutes, Abell, and
Friend.
5. Authorization to Pay Legal Fees to the Law Firm of Clapp, Peterson, Van Flein,
Tiemessen & Thorsness, LLC for Legal Services Related to the Lawsuit: Stephens
vs. Kodiak Island Borough.
FRIEND moved to authorize the Manager to pay the legal fees to the Law Firm of Clapp,
Peterson, Van Flein, Tiemessen & Thorsness, LLC in an amount not to exceed $12,048.67,
seconded by ABELL .
Kodiak Island Borough Assembly Minutes
January 17, 2007 Page 511
Manager Gifford reported this invoice was submitted to Louise Stutes in the amount of
$11,652.82 for professional services referencing Stephens (Stutes) — Kodiak Island Borough.
This law firm was retained to represent Louise Stutes, Tom Abell, and Reed Oswalt in the
lawsuit of Stephens vs. Kodiak Island Borough.
Mayor Selby ruled the motion out of order and asked Clerk Javier to prepare a resolution
authorizing the payment.
ABELL challenged the ruling of Mayor Selby, seconded by STUTES.
ROLL CALL VOTE ON CHALLENGING THE MAYOR'S RULING FAILED THREE TO TWO:
Abell, Friend, Stutes (Ayes); Jeffrey, Lynch (Nays.)
Clerk Javier was directed to present a resolution at the next regular meeting of the Assembly.
CITIZENS' COMMENTS
None.
ASSEMBLY MEMBER COMMENTS
Assembly member Stutes congratulated Donald Kewan Jr. and Sharon Blakeslee. She
advocated for equal enforcement of garbage billing. She requested legal opinion from a third
party regarding the payment of legal fees. She reminded everyone that Assembly members
were sued individually.
Assembly member Friend had no comments.
Assembly member Abell supported Assembly member Stutes' request of obtaining a third party
opinion about the legal fees. He noted the need for a replacement plan of the borough
administration building. He was bothered with the perception that taxpayers were being
shortchanged with bond funds being transferred from one to the other.
In response to Assembly members Stutes and Abell's request, Clerk Javier advised that she
needed consensus of the Assembly for her to go to a different Attorney.
Assembly member Jeffrey expressed her opinion, regarding the payment of legal fees, that the
Assembly members were sued in their role as Assembly members.
Assembly member Lynch congratulated Donald Kewan, Jr. and Sharon Blakeslee. She thanked
Dale Nash for the AADC report. She would like to see the Assembly as leaders of this
community to act as one body and stop getting caught up in personal emotions.
Announcements
Mayor Selby announced the Assembly work session of January 31 and regular meeting of
February 7 had been cancelled. The next work session will be held on February 14 and the next
regular meeting will be held on February 21.
Kodiak Island Borough Assembly Minutes
January 17, 2007 Page 512
The Borough offices will be closed on Monday, January 21 in observance of Martin Luther King
Day. The City Council and Borough Assembly were planning to meet in a joint work session on
February 19, 2008.
ADJOURNMENT
FRIEND moved to adjourn the meeting, seconded by JEFFREY.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Friend, Jeffrey, and
Lynch.
The meeting adjourned at 9:11 p.m.
ATTEST:
Nova M. Javier, CMC,
orough Clerk
KODIAK ISLAND BOROUGH
J me M. Selby, Ma or
Approved: February 21, 2008
Kodiak Island Borough Assembly Minutes
January 17, 2007 Page 513