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2015-05-07 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting May 7, 2015 A regular meeting of the Kodiak Island Borough Assembly was held on May 7, 2015, 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 Major Michael' Bates of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Carol Austerman, Larry LeDoux, Chris Lynch, Dan Rohrer, and Rebecca Skinner. Also present were Borough Manager Bud Cassidy, Borough Clerk Nova Javier, and Assistant Clerk Angela MacKenzie. AUSTERMAN moved to excuse Assembly members Aaron Griffin and Frank Peterson who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA LEDOUX moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of April 2, 2015 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Friend proclaimed May 3 through May 9, 2015 as Municipal Clerk's Week extending appreciation to Borough Clerk Nova Javier, Deputy Clerk Jessica Kilborn, Assistant Clerk Angela MacKenzie, and to all municipal clerks for the vital services they perform and their exemplary dedication to the community they represent. Mayor Friend proclaimed May 16 through May 22, 2015 as Safe Boating Week urging everyone to support the goals of the North American Safe Boating Campaign. Providence Kodiak Island Medical Center Chief Executive Officer Don Rush gave an update to the Assembly regarding the transition at the hospital. Alutiiq Museum and Archeological Repository Curator of Archeology Patrick Saltonstall gave a presentation on the Salonie Creek Archeological Site. Kodiak island Borough Assembly Regular Meeting Minutes May 7, 2015 Page 1493 Borough Clerk Javier provided a Clerk's Office Department update to the Assembly. CITIZENS' COMMENTS Neal Cooper, Joanne Shaker, Marnie Leist, Jerry Bon en, Dennis S mmons, and Kyle Crow spoke to the need for restrictions on fireworks. Judi Kidder expressed gratitude to the Parks and Recreation Committee for its efforts around the community. Mel Stephens addressed the amount of funds spent on Markham vs. Kodiak Island Borough case. Judi Kidder and Dave Masinter spoke on the Jackson's Mobile Home Park closure and the residents being displaced. Scott Arndt spoke on the National Weather Service local office closure. He gave an update of the Fire Protection Area No. 1 board on Contract No. FY2015-30. COMMITTEE REPORTS Assembly member Lynch announced the Kodiak Fisheries Work Group would host a Community Forum on Tuesday, May 12, 2015 at the Kodiak Harbor Convention Center. PUBLIC HEARING A, Ordinance No. FY2015-10 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.35 Real Property Tax. LEDOUX moved to adopt Ordinance No. FY2015-10. Clerk's Note: A substituted version of Ordinance No. FY2015-10 was provided to the Assembly, based on discussion at the work session and inserting additional wording "to the best of their knowledge" in Section 3.35.040, line 152 of the ordinance. LYNCH moved to amend Ordinance No. FY2015-10 by substitution. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED UNANIMOUSLY: Austerman, LeDoux, Lynch, Rohrer, and Skinner. The ordinance would align foreclosure sections of the Borough code, specifically 3.35.160 Foreclosures (renamed), with Alaska State Statues and repeal others, 3.35.170 Publication of the foreclosure list through 3.35.260 Deed to borough, in favor of the established State Statues processes. It would also clarify delivery requirements for tax payments. The proposed ordinance would also clarify the definition of"mobile home", and, when the mobile home resided on rented property, it would be assigned the identity of responsible parties for Kodiak Island Borough Assembly Regular Meeting Minutes May 7, 2015 Page 1494 ownership updates to the Borough in order to facilitate tax collections. It also reaffirmed that delinquent taxes on mobile homes could be collected by a personal action suit against the owner. The ordinance would specify any Board of Equalization appeals were to be filed in the Third Judicial District, Kodiak, Alaska. The ordinance would also update any staff titles from Treasurer to Finance Director that were mentioned within Borough Code sections 3.35.010-3.35.160. Mayor Friend opened the public hearing. Mel Stephens spoke in opposition to Ordinance No. FY2015-10 and recommended the deletion of Section 3.35.040(A)(3), lines 149-158 of the ordinance. Judi Kidder spoke in opposition to Ordinance No. FY2015-10. Mayor Friend closed the public hearing. AUSTERMAN moved to postpone Ordinance No. FY2015-10 to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: LeDoux, Lynch, Rohrer, Skinner, and Austerman. B. Ordinance No. FY2015-11 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.40 Personal Property Tax. ROHRER moved to adopt Ordinance FY2015-11. Boats and vessels with an overall length longer than 20 feet, measured bow to stern and used for commercial purposes, were currently taxed at a rate of $1 per foot. One purpose of the tax was to track vessels for future ad valorem taxation. In addition to the vessel personal property tax, the Borough collected both raw fish tax and severance tax from the fishing fleet. The tax rate of $1 per foot in tax did not provide enough funds to make the administration and maintenance of these personal property accounts cost effective for the Borough, therefore it was the Assessor's recommendation to remove section 3.40.070 Classification of boats and vessels from the Borough Code. Mayor Friend opened the public hearing. Kyle Craw spoke in support of Ordinance No. FY2015-11 and commended the Assessing staff, Borough Manager, and Assembly for their efforts toward resolving the discrepancies. Scott Arndt and Dennis Summons spoke in opposition of Ordinance No. FY2015-11. Kodiak Island Borough Assembly Regular Meeting Minutes May 7, 2015 Page 1495 Patrick O'Donnell spoke in opposition of Ordinance No. FY2015-11 and spoke to the trawl closure in Kodiak. Mayor Friend closed the public hearing. AUSTERMAN moved to postpone Ordinance No. FY2015-11 to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO ONE: Lynch, Rohrer, Skinner, and Austerman (Ayes); LeDoux (No). BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • 80 tons of metal had been removed from Larsen bay • Borough Federal Lobbyist Brad Gilman was requested to assist with the National Weather Service local office closure issue • Community Clean-Up Day event, held on Saturday, May 2 was not as successful as past years • He would be out of town Monday, May 11 and Tuesday, May 12 • Spoke of marine debris disposed at the Landfill and possible shipment off-island MESSAGES FROM THE BOROUGH MAYOR Mayor Friend reported on the following: • The National Weather Service would visit Kodiak on May 22 to meet with top stakeholders regarding the closure of the local office • Commended Landfill staff for their hard work during the Community Clean-Up Day UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2015-30 Bayside Fire Station Generator Procurement. LYNCH moved to authorize the Manager to execute Contract No. FY2015-30 with Pacific Power Generation of Anchorage, AK for the Bayside Fire Station Generator Procurement in an amount not to exceed $28,888. The project was funded by a $40,000 Alaska Designated Legislative Grant. In addition, the Fire Protection Area No.1 Board agreed to provide $115,100 to help fund the balance, for a total project budget of$155,100. The Assembly originally approved a design contract with RSA Engineering on February 20, 2014. RSA completed design documents for an interior generator and those documents were Kodiak Island Borough Assembly Regular Meeting Minutes May 7, 2015 Page 1496 J, put out to bid in June 2014. Only one bid was received which substantially exceeded the project budget. Staff entered into negotiations wifh the sole bidder per KIBC 3.30.050(D), and the bidder agreed to lower its price, but it still exceeded the project budget. At its meeting on August 5, 2014, the Fire Protection Area No. 1 Board voted not to proceed with the project as designed due to the cost, and requested that staff explore the potential cost savings of an exterior generator with its own enclosure rather than the interior generator included in the design. An Invitation to Bid for procurement of an exterior generator and automatic transfer switch was issued on February 26, 2015, and bids were due and opened on March 19, 2015. Three bids were received. After reviewing bids, Staff determined that Pacific Power Generation of Anchorage was the lowest responsive bidder. A copy of the bid tabulation was provided. The contract was for the purchase only of an MTU Onsite Energy 35kw Standby Generator and a GE Zenith 600 amp Automatic Transfer Switch. The installation and any other related work would be contracted separately. The Fire Protection Area No. 1 Board approved the purchase at its April 7, 2015 regular meeting. A draft copy of the meeting minutes were provided. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Austerman, LeDoux, and Lynch. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2015-01 B Amending Ordinance No. FY2015-01 Fiscal Year 2015 Budget by Amending Budgets to Account for Various Revenues That Are Over Budget, Accept Grants, and Provide for Additional Expenditures. LEDOUX moved to adopt Ordinance No. FY2015-01 B in first reading to advance to public hearing at the next regular meeting of the Assembly. The budget adjustment accounted for the following: • State PERS on behalf revenues and expenditures • Moved the Renewal and Replacement fund loans from the Facilities Fund to the Hospital Enterprise Fund • Moved $764,149 from the Hospital Fund to the Facilities Fund paying off that inter- fund loan • Accepted two grants • Approved spending $200,000 of the Womens Bay Fire Department's fund balance on the Womens Bay Fire Hall addition • Increased the Borough Attorney's budget by $47,500 due to unanticipated litigation expenses Kodiak Island Borough Assembly Regular Meeting Minutes May 7, 2015 Page 1497 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Austerman, LeDoux, Lynch, and Rohrer. Other Items 1. Approval of Donation of Borough Owned Alutiiq Artifacts to the Alutiiq Museum. AUSTERMAN moved to approve the transfer of Borough owned Alutiiq artifacts to the Alutiiq Museum reflected in the attached letter in celebration of the Alutiiq Museum's 20th Anniversary. In recognition of the Alutiiq Museum's 20th Anniversary on May 13, 2015, the Museum asked that the Borough donate nine archaeological collections from Borough lands which were currently on loan to the museum. The current loan agreement was expiring. The museum proposed that instead of renewing the agreement, the Borough transfer to the museum full title for the nine collections. The collection reflected the history of Kodiak's Alutiiq people and donating them would allow the Alutiiq community to fully care for these ancestral objects. The Museum had never asked the Borough to support the substantial costs associated with caring for the materials and they provided professional curation in return for the privilege of conducting research on Borough lands or as a community service. Historically, in 2010, the Borough donated a collection of artifacts excavated in 2009 at a prehistoric archaeological site located on Borough property on Woody Island. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, LeDoux, Lynch, Rohrer, and Skinner. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Neil Cooper expressed gratitude to the Assembly for being conscious and cautious on its decisions regarding taxation and he urged caution regarding future Borough spending. Judi Kidder spoke on community accountability and involvement to reduce local government spending. Mel Stephens spoke to the litigation case of Markham v. Kodiak Island Borough and the fees associated with the case. Kyle Crow spoke to the postponement of Ordinance No. FY2015-11. ASSEMBLY MEMBERS' COMMENTS Kodiak Island Borough Assembly Regular Meeting Minutes May 7, 2015 Page 1498 Assembly member LeDoux spoke on the Kodiak Rural Regional Leadership Forum, fireworks issue, the displacement of the residents of the Jackson Mobile Home Park, and the concerns of the fishing industry. He encouraged the public to attend the Community Forum on May 12. Assembly member Austerman thanked the Clerk's Office staff for their hard work. She also spoke on the closure of Jackson's Mobile Home Park, encouraged public posting of State Statutes regarding fireworks usage, spoke on Ordinance No. FY2015-11. Assembly member Rohrer spoke to the economic development symposiums provided by KANA Project Coordinator Tyler Kornelis, and encouraged Assembly and public participation. He expressed concerns on the proposed Ordinance No. FY2015-12 regarding the prohibition of fireworks on the Mill Bay and Mission beaches. He appreciated the comments concerning the closure of Jackson's Mobile Home Park, and commended Projects Manager Matt Gandel for the detailed information included with change orders. Assembly member Skinner thanked the public for speaking during citizens comments. Announcements The next Assembly work session would be. held on Thursday, May 14 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, May 21 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT LYNCH moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Lynch, Rohrer, Skinner,, and Austerman. The meeting was adjourned at 9:40 p.m. KODI X ISLA, D TOUGH ,,y ATT T: rrol Frier f d ;