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2017-04-20 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting April 20, 2017 A regular meeting of the Kodiak Island Borough Ass6mbly was held on April 20, 2017, 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. The invocation was given by Major David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Laurie Pardoe. LEDOUX moved to excuse Assembly member Van Daele who was 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 The regular meeting minutes of January, 19, 2017 and special meeting minutes of January 19, 2017 and March 29, 2017 were approved under the consent agenda. CITIZENS' COMMENTS Nick Szabo, Solid Waste Advisory Board Chairperson, provided an update on the current activities of the Board. He briefed the Assembly on the following topics: tour of the landfill, rainwater diversion system, issue of plastic bags in the Kodiak system, abandoned vehicles, and village outreach. He also provided an update regarding the Community Clean Up Day on May 6. Lorna Arndt called and commented about Borough employees bringing in their dogs to work. Linda Lance and Karen Yashin, both board members from the Humane Society, provided an update regarding the activities at the Kodiak Animal Shelter. They asked for the Borough's continued support to their programs. Judi Kidder also raised issues regarding employees bringing their dogs to work. Regarding the community clean-up day, she would like to see more support and clean-up efforts going beyond the city limits. Scott Arndt spoke to Ordinance No. FY2017-01 A and opposed taking the shortfall from the debt reimbursement from the general fund. He noted that those should come out of the renewal and replacement fund. He opposed a mill rate increase in the FY2018 budget. Kodiak Island Borough Assembly Regular Meeting Minutes April 20, 2017 Page 1 of 7 Mel Stevens thanked Staff for publishing the proposed budget on the website but was disappointed in it. He wanted to see a budget without a mill rate increase. Betty MacTavish suggested that the Assembly consider a tobacco tax. She provided names of individuals from the City of Bethel and the State that could be used as a resource on how to pass local levies on tobacco products. She also commented on the Resolution that governs the use of cell phones. AWARDS AND PRESENTATIONS Manager Powers presented the Employee Of The Quarter Award for the first quarter of 2017 to Sheila Smith, Secretary III, of the Community Development Department. Manager Powers presented a 20 -Year Longevity Award to Duane Dvorak, Human Resource Manager in the Manager's Office and a 5 -Year Longevity Award to Dora Cross, Finance Director in the Finance Department. The Assembly received a presentation from Brook Taylor, Director of External Communications and Lisa Matlock, Outreach Coordinator of the Prince William Sound RCAC about recent oil spill prevention and response that may affect Kodiak. COMMITTEE REPORTS Assembly member Skinner reported that the Kodiak College Advisory Committee discussed the College's budget and potential cuts. The Committee was in the process of evaluating the potential of leasing the dorm facilities on Near island. She noted that the Committee would be inviting University of Alaska President James Johnsen to Kodiak for a visit. She attended a Southwest Alaska Municipal Conference (SWAMC) board meeting and they discussed writing a letter to the Federal Delegation that would address the eliminated programs in the SWAMC region in President Trump's budget. Assembly member Symmons provided an update regarding the Kodiak Workforce Regional Advisory Council. He said that representatives are still needed on the Council. Assembly member Crow attended the Cook Inlet RCAC meeting and he provided an update to the Assembly. He also announced that CIRCAC awarded a scholarship to a Kodiak High School Student. PUBLIC HEARING Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 To Include Regulations For Marijuana Businesses. LEDOUX moved to adopt Ordinance No. FY2017-27. In 2014 the State of Alaska's Ballot Measure #2 was approved by state voters. This provided for the legalization of select marijuana -related activities. Since 2014, state and local governments have been working toward developing laws to govern the marijuana industry in Alaska. Through the adoption of Ordinance No. FY2016-17 the Kodiak Island Borough created a new chapter of Borough Code and included a provision that prohibited the operation of marijuana cultivation, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana Kodiak Island Borough Assembly Regular Meeting Minutes April 20, 2017 Page 2 of 7 stores within the Borough. An amendment to this ordinance (Ordinance No. FY2016-17A) was recently approved by the Assembly that would extend this date to April 30, 2017. Basis for discussion on Title 17 changes was the result of of ten meetings of the Borough's Marijuana Task Force established by Resolution No. FY2016-31. CROW moved to amend Ordinance No. FY2017-27 by substitution with Version 2. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, and Townsend. CROW Moved to amend Line 299 by changing the rate of 10 (10) percent to 12 (12) percent. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Townsend, and Crow. CROW moved to amend line 244 and 245 to change the rate of 10 (10) percent to 12 (12) percent. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Crow, and LeDoux. SYMMONS moved to amend line 581 by changing 500 feet to 650 feet. ROLL CALL VOTE ON MOTION TO AMEND FAILED TWO TO FOUR: Symmons and LeDoux (Ayes); Smiley, Townsend, Crow, and Skinner (Noes). TOWNSEND moved to amend the Ordinance by striking out lines 427 and 428. ROLL CALL VOTE ON MOTION TO AMEND FAILED THREE TO FOUR: Symmons, Townsend, and Skinner (Ayes); Crow, LeDoux, Smiley, and Rohrer (Noes). Mayor Rohrer's vote broke the tie. Mayor Rohrer opened the public hearing. Jonathan Strong and Shelly Paulson spoke in opposition of allowing commercial growth in residential areas. Katrina Pruitt spoke regarding the effects of this ordinance on students. Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED FOUR TO TWO: Crow LeDoux, Skinner, and Smiley (Ayes); Townsend and Symmons (Noes). BOROUGH MANAGER'S REPORT Manager Powers briefly reported on the following: • Thanked Sara Mason, Community Development Director for her hard work on the Marijuana Ordinance Kodiak Island Borough Assembly Regular Meeting Minutes April 20, 2017 Page 3 of 7 • Chiniak Community tour and extended invitation to the Assembly members • Rural forum next week to discuss firefighter training efforts • Meeting with staff regarding additional budget cuts • Request from Salmon Working Group in effort to address Cook Inlet Biological Study • City increasing 911 surcharge, Assembly to discuss at a future work session • Household Hazardous Waste Collection at the High School on May 6 MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2017-02B Amending Resolution No. FY2017-02 Amending The Fees Of The Kodiak Island Borough. LEDOUX moved to adopt Resolution No. FY2017-02B. Ordinance No. FY2017-27 allowed for the regulation of marijuana businesses in the Kodiak Island Borough. The amended fee schedule adopted new license fees for those marijuana businesses. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Crow, LeDoux, Skinner, Smiley, and Symmons. 2. Resolution No. FY2017-32 Implementing A Local Policy To Govern The Use Of Cellular Phones Of Elected Officials During Public Meetings. SMILEY moved to adopt Resolution No. FY2017-32. Assembly member Scott Smiley requested on January 30, 2017 that a resolution be adopted that would implement a policy regarding Elected Officials use of cell phone during public meetings. This resolution also raised awareness that electronic communications during meetings may be discoverable under the Freedom of Information Act (FOIA). ROLL CALL VOTE ON MOTION FAILED ONE TO FIVE: Crow, LeDoux, Skinner, Symmons, and Townsend (Noes); Smiley (Aye). Ordinances for Introduction 1. Ordinance No. FY2017-01A Amending Ordinance No. FY2017-01, Fiscal Year 2017 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. Kodiak Island Borough Assembly Regular Meeting Minutes April 20, 2017 Page 4 of 7 SKINNER moved to adopt Ordinance No. FY2017-01A in first reading to advance to public hearing at the next regular meeting of the Assembly. This budget adjustmented accounts for the following: • Increase Fund 100 — General Fund use of fund balance by $985,872 to pay for expenditures in Fund 300 — Debt Service related to the Governor's Veto which reduced State reimbursements by 25% • Increase Fund 100 — General Fund use of fund balance by $305,000 to repay Fund 540 — Hospital Facilities for net fund transfers that occurred in 2004 & 2009 • Increase Fund 210 — Land Sales use of fund balance by $650,000 to repay Fund 540 — Hospital Facilities for net fund transfers that occurred in 2004 • Increase Fund 100 — Legislative expenditures by $5,425 due to failure to pass an ordinance reducing assembly stipends • Decrease Fund 220 — Building and Grounds revenues, by $16,470 due to waiving rent payment requirement for non -profits occupying the Borough's Annex building • Increase Fund 240 — Womens Bay Road Service expenditures by $50,000 to be used to complete unanticipated repairs • Increase Fund 277 — Tourism Development use of fund balance by $15,000 for additional expenditures related to a contract with Discover Kodiak • Increase Fund 290 — Fern Fuller Trust use of fund balance by $67,872 to pay Fund 540 — Hospital Facilities for equipment payments • Decease Fund 300 — State Debt Reimbursement revenues by $1,686,147 for the Governor's Veto which reduced State reimbursements by 25% and for anticipated bond sales that did not occur • Increase Fund 530 — Municipal Solid Waste Collection and Disposal use of fund balance by $600,000 for planned R&R projects to replace roofing and siding of the Baler building • Reallocate Capital Project Fund 47 - reallocate $101,341 of excess funds from the Roofing Replacement project to the Playground Replacement project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Townsend, and Crow. 2. Ordinance No. FY2018-01 Levying Taxes On All Taxable Real And Personal Property Within The Kodiak Island Borough For All The Expenses And Liabilities Of The Kodiak Island Borough For The Fiscal Year Commencing On The First Day Of July 2017 And Ending On The Thirtieth Day Of June 2018 (Fiscal Year 2018 Budget). SKINNER moved to postpone Ordinance No. FY2018-01 to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Crow, and LeDoux. Other Items None. CITIZENS' COMMENTS Judi Kidder commented regarding how the high school bonds were presented with a 70% reimbursement guaranteed by the State. She spoke on the Shuyak fund, how cell phone use during meetings was a distraction, and she spoke against employees bringing their dogs to Kodiak Island Borough Assembly Regular Meeting Minutes April 20, 2017 Page 5 of 7 work. Patti O'Donell spoke on the amount of taxation being put on the fishermen in this town. Jeff Stewart noted that the dogs in the borough building help improve employee morale. Michael Powers addressed the budget and noted that the revenue memo provided by staff provided options recognizing the already significant taxation and the additional burdens of tax to the fishing fleet. ASSEMBLY MEMBERS' COMMENTS Assembly member Townsend thanked Manager Powers for the work on the budget. He voted against the marijuana ordinance because he felt that the borough should just revert to the State regulations. Assembly member Crow commented that this Assembly had a lot of contentious issues to deal with such as marijuana. The budget issue they are faced with is a huge challenge and hoped that it could be resolved. Assembly member Skinner said that there were lessons to be learned this year regarding the budget process. Assembly member Smiley was glad to see the adoption of the Marijuana ordinance and looked forward to Assembly discussion and support to the Salmon Work Group's proposal for the genetic study. Larry LeDoux reported on the scholarship awards from the Rotary Club. He spoke about consolidating some areas such as the Borough and City Parks and Recreation. He enjoyed the discussions at the last Borough and City Joint Work Session. Assembly member Symmons was glad be a part of the Solid Waste Advisory Board and complimented Mr. Szabo for this good work on the Board. He congratulated Sheila Smith. He appreciated those who tirelessly attend the borough meetings. Mayor Rohrer announced that the next Assembly work session would be held on Thursday, April 27 at 6:30 p.m. in the borough conference room and the next Assembly regular meeting was scheduled for Thursday, May 4 at 6:30 p.m. in the borough assembly chambers. EXECUTIVE SESSION Strategies In Negotiating The Hospital Lease. SKINNER moved to convene into executive session to discuss Strategies in Negotiating the Hospital Lease, a subject matter that the immediate public knowledge of which would tend to affect adversely the finances of the Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Crow, LeDoux, and Skinner. Kodiak Island Borough Assembly Regular Meeting Minutes April 20, 2017 Page 6 of 7 SKINNER moved to invite the Borough Mayor, Assembly members, Manager, Finance Director, and Clerk's Office Staff into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting at 9:36 p.m. and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting at 10:25 p.m. and announced that no action was to be taken as a result of the executive session. ADJOURNMENT CROW moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 10:28 p.m. Nova M. Javier, MMC, Borough KODIILND B®Rt4GH Daniel A. Rohrer, Mayor Approved on: May 4, 2017 Kodiak Island Borough Assembly Regular Meeting Minutes April 20, 2017 Page 7 of 7