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2015-09-17 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting September 17, 2015 A regular meeting of the Kodiak Island Borough Assembly was held on September 17, 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 Aaron Griffin, Larry LeDoux, Chris Lynch, Dan Rohrer, Rebecca Skinner, and Dennis Symmons. Also present were Administrative Official Bill Roberts, Community Development Director Bob Pederson, Borough Attorney Joe Levesque, Borough Clerk Nova Javier, and Deputy Clerk Jessica Kilborn. ROHRER moved to excuse Assembly member Frank Peterson who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA ROHRER moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Assessor Roberts provided an update on the Assessing Department to the Assembly. CITIZENS' COMMENTS Stephen Tauten expressed concerns with the request for proposal for Economic Analysis Consulting Services and spoke to baseline data" and impact model needs for fisheries. Kodiak Area Mentor Program (KAMP) Director Teresa Slaughter, KAMP representative Lly Strong, and Amy Miller spoke to the need for local treatment services and recovery programs for drug and alcohol addiction. Scott Arndt and Doug Mathers spoke in favor of agenda item 13.D.1 Hiring a Bayside Fire Chief at a step higher than the Manager's authority. Kodiak island Borough Assembly Regular Meeting Minutes September 17, 2015 Page 1564 Judi Kidder spoke to the tax assessment process for displaced mobile homes in Jackson Mobile Home Park. Alan Wolf introduced Providence Kodiak Island Medical Center (PKIMC) Chief Executive Officer Barbara Bigelow and spoke to the seamless transition of leadership. Janet Abidear and Sonja Mortenson spoke to the management, patient care, and services of PKIMC. Pat Branson spoke to the health care for seniors in the community and advocated for continued services with PKIMC. Jonathan Strong spoke in support of Contract No. FY2016-21 and advocated for local [addiction] treatment services. COMMITTEE REPORTS None. PUBLIC HEARING 1. Ordinance No. FY2016-06 Amending Kodiak Island Borough Code Title 17 Zoning; Chapters 17.115 Mobile Home Parks, 17.80 R2—Two-family Residential District, 17.85 R3- Multi-family Residential District, and 17.90 B—Business District to Revise and Update the Standards for Mobile Home Parks in the Borough. LEDOUX moved to adopt Ordinance No. FY2016-06. The announced closure of Jackson's Mobile Home Park would force mobile home owners in the park to relocate their homes. New permanent locations for those displaced mobile homes were currently limited. Current zoning code placed regulatory burdens on mobile home park development and expansion that could create new permanent locations. These zoning code amendments would reduce those regulatory burdens. The Planning and Zoning Commission held work sessions and special meetings to review the proposed amendments on July 1, July 15, August 5, and August 12, 2015. The Commission held a public hearing on the amendments at its August 19, 2015 regular meeting. Following the public hearing, the Commission voted unanimously to recommend that the Borough Assembly approve the ordinance amending KIBC Title 17 Zoning, Chapters 17.115, 17.80, 17.85, and 17.90 to revise, update, and modify the zoning requirements for mobile home parks. Mayor Friend opened the public hearing. Jonathan Strong spoke in support of Ordinance No. FY2016-06 and spoke in support of low and moderate income families owning more land in the community and suggested specific programs other communities in Alaska were following. Kodiak Island Borough Assembly Regular Meeting Minutes September 17, 2015 Page 1565 Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Lynch, Rohrer, Skinner and Symmons. BOROUGH MANAGER'S REPORT Administrative Official Roberts reported on the following: • Insurance adjustor's evaluation of the Tsunami Center and Chiniak Library was still pending. Further discussions of the Assembly and the Chiniak community regarding replacement of the facility would be needed. • Attendance at the annual Providence forum regarding services needed in the community MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2016-20 Discover Kodiak Destination Marketing and Tourism Development Services for FY2016. LYNCH moved to authorize the Manager to execute Contract No. FY2016-20 with Discover Kodiak for Destination Marketing and Tourism Development Services for fiscal year 2016 in the amount of$85,000. Discover Kodiak had provided destination marketing and tourism development for the City of Kodiak and Kodiak Island Borough for several years through its Marketing Committee. The contract renewed the Borough's relationship with Discover Kodiak for the 2016 fiscal year with funding from the Borough's bed tax revenue. The duties to be accomplished by the contractor were described in the contract. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Lynch, Rohrer, Skinner, Symmons, and Griffin. 2. Contract No. FY2016-21 Providence Kodiak Island Counseling Center of Kodiak, Alaska to Provide Mental Health Services for the 2015-2016 School Year. LEDOUX moved to authorize the Manager to execute Contract No. FY2016-21 with Providence Kodiak Island Counseling Center of Kodiak, Alaska to provide mental health services for the 2015-2016 school year in an amount not to exceed $381,350. Kodiak Island Borough Assembly Regular Meeting Minutes September 17, 2015 Page 1566 The contract with Providence Kodiak island Counseling Center provided mental health services for Kodiak Island Borough schools.' The contractor had worked with the School District to identify and document a mutual understanding of the program's scope within the budgeted amount. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Rohrer, Skinner, Symmons, Griffin, and LeDoux. Resolutions None. Ordinances for Introduction None. Other Items 1. Approval of the October 6, 2015 Regular Municipal Election Workers. u ROHRER moved to appoint the election officials for the upcoming October 6, 2015 Municipal Election as listed in the memo submitted by the Borough Clerk. Per KIBC 7.30.010 Election officials the assembly shall appoint at least three election officials in each precinct to constitute the election board of that precinct. The clerk is the election supervisor. One election official shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The clerk may appoint additional election officials at any polling place where they are needed to conduct an orderly election and to relieve other election officials of undue hardship. It would be impossible to conduct the elections without the dedication and skills of the 60 plus volunteers as provided to the Assembly. Appreciation was expressed to the election judges and clerks, receiving team, and canvass board members for the commitment to the voters of the Kodiak Island Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Symmons, Griffin, LeDoux, and Lynch. a 2. Hiring a Bayside Fire Chief at a Salary Step Above the Manager's Authority. LYNCH moved to authorize the salary placement of Fire Chief of the Bayside Volunteer Fire Department new hire at Range DBM 61, Step H. After advertising, interviewing, and conducting background checks, the review panel recommended a candidate they felt was highly qualified to fill the position of Fire Chief for Bayside Volunteer Fire Department. Section 409 of the Kodiak Island Borough Personnel Manual allowed the manager the latitude to place a new employee above the start rate, when Kodiak Island Borough Assembly Regular Meeting Minutes September 17, 2015 Page 1567 such placement was a result of"directly applicable work experience and credentials". Assembly approval was required for any starting placement above Step C. The Manager was recommending the hiring of an applicant who more than met the requirements for the position of Fire Chief for Bayside Volunteer Fire Department. The applicant's credentials were excellent, and work history and experience significantly exceeded the requirements necessary to perform the essential duties and responsibilities of the position. Further, it was the recommendation of the Fire Protection Area No. 1 Board (FPA1), who thoroughly vetted the individual and determined him as a good fit for the position of Fire Chief and was qualified to serve the needs of the community of Kodiak. The salary range for the position was set and approved to be at DBM 61 of the KIB Salary Schedule. Therefore, based on the recommendation of the FPA1 Board, combined with the qualifications and work experience of the applicant, and in an effort to hire the best qualified person for the position, the Manager recommended the applicant be hired at Range DBM 61, Step H of the salary scale. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Skinner, Symmons, LeDoux, Lynch, and Rohrer(Ayes); Griffin (No). LEDOUX moved to allow Citizens Comments before holding the Executive Session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Griffin, LeDoux, Lynch, Rohrer, and Skinner. EXECUTIVE SESSION 1. Discuss Litigation, Trial Strategy, and Tactics Regarding the Brown Case. Mayor Friend announced that the Borough Attorney was available to provide a public status update. It was clarified for the record that discussion would not include litigation tactics and strategies. ROHRER moved to ask Borough Attorney to provide a public status update on the Mary Brown v. KIB Case. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Lynch, Rohrer, Skinner, and Symmons. Borough Attorney Levesque provided an update on the public record of the Mary Brown v. KIB case. A trial at Superior Court was set for Monday, October 5, 2015 to rule on Borough Code of Ordinance violations. LEDOUX moved to convene into executive session to discuss litigation, trial strategy, and tactics regarding the Brown Case. Kodiak Island Borough Assembly Regular Meeting Minutes September 17, 2015 Page 1568 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Lynch, Rohrer, Skinner, Symmons, and Griffin. ROHRER moved to invite the Borough Mayor, Assembly, Administrative Official, Borough Attorney, Community Development Director, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Rohrer, Skinner, Symmons, Griffin, and LeDoux. After the vote, Mayor Friend recessed the regular meeting at 9:37 p.m. and convened the executive session. Upon returning from the executive session, Mayor Friend reconvened the regular meeting at 10 p.m. and announced the Assembly had received an update on the litigation strategy provided by the Borough Attorney regarding the Mary Brown v. KIB case and the Assembly provided direction to the Borough Attorney going forward. CITIZENS' COMMENTS Paul VanDyke spoke to a joint meeting of the Womens Bay Service Area and Fire Protection Area No. 1 Board regarding potential consolidation of fire services provided in both service areas. He thanked the Assembly for approving the hiring of the Bayside Fire Chief at the recommended salary. Scott Arndt spoke to consolidation of the fire service areas and spoke to necessary steps to consider on the potential consolidation. He thanked the Assembly for approving the hiring of the Bayside Fire Chief at the recommended salary. ASSEMBLY MEMBERS' COMMENTS Assembly member Lynch announced a Kodiak Fisheries Work Group meeting on Monday, September 21 at 8:30 a.m. to discuss responses to the Economic Analysis Consulting Services RFP. Assembly member LeDoux spoke to the upcoming lease strategy with PIJIMC and the process of the PKIMC presentation scheduled for the September 24 work session. He spoke to the upcoming closure of the Kodiak Fisheries Industrial Tech Center due to budget costs. Assembly member Symmons commended Assessor Roberts for his willingness to work with the community on property assessments. He spoke on community issues due to the lack of local addict recovery programs and he commended those who spoke on behalf of PKIMC and those who spoke on the hiring for the Bayside Fire Chief position. Assembly member Rohrer commended the Assessing department staff for its hard work and expressed gratitude to the election officials for volunteering their services. He provided a brief Solid Waste Advisory Board meeting update. Kodiak Island Borough Assembly Regular Meeting Minutes September 17, 2015 Page 1569 Assembly member Skinner requested several items be scheduled for future meetings: consolidation of fire services including timelines, discussion on the Borough salary schedule and hiring process, copies of the current PKIMC lease and the contract with Alaska Waste and offered her support on resolutions addressing issues with board/committee structure. Assembly member Griffin spoke on the consolidation and delivery of fire services for the community and spoke in support of renewing the lease with PKIMC. Announcements Mayor Friend announced the next Assembly work session would be held on Thursday, September 24 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, October 1 at 7:30 p.m. in the Borough Assembly Chambers. The Regular Municipal Election would be held on Tuesday, October 6, 2015. Voters were advised if they would be out of town on Election Day, absentee voting was available in the Borough Clerk's Office, Room 101 in the Borough building from 8 a.m. to 5 p.m., starting Monday, September 21;, through Monday, October 5, 2015. ADJOURNMENT p LYNCH moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Symmons, Griffin, LeDoux, and Lynch. The meeting was adjourned at 10:20 p.m. KODIAKLAND BOROVG ATT T: gfrol Friend, Mayor Na I I. Javier, M rough Clerk Approved on: October 15, 2015 Kodiak Island Borough Assembly Regular Meeting Minutes September 17, 2015 Page 1570