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2017-05-04 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting May 4, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on May 4, 2017, 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 David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, 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. VAN DAELE moved to excuse Assembly member LeDoux who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA VAN DAELE moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES The Assembly regular meeting minutes of April 6, 2017 and April 20, 2017 were approved under the consent agenda. CITIZENS' COMMENTS Kathie Wasserman, Alaska Municipal League (AML) Executive Director, gave a brief overview of the activities of the AML and the type of services they provide to communities. She was glad to be working with Assembly member Smiley who is currently serving on the Board. Jeffrey Stewart commented on the budget discussion during the Special Work Session and particularly the lack of oversight over the service area budgets. Paddy O'Donnel raised his concerns about the budget and the amount of unpaid taxes listed on the foreclosure list and asked for the reasons that those are uncollected. Kodiak Island Borough Assembly Regular Meeting Minutes May 4, 2017 Page 1 of 10 Judi Kidder reminded everyone about the upcoming community Cleanup Day. She would like to see a policy regarding surplus sales, commented on the items requested by the School District, and wondered if some those items were really needed. AWARDS AND PRESENTATIONS Mayor Rohrer proclaimed May 2017 as Mental Health Month urging all citizens, government agencies, public and private institutions, businesses and schools in Kodiak to increase awareness and understanding of mental health, recommit to the steps our citizens can take to protect their mental health, and the need for appropriate and accessible services for all people with mental illnesses at all stages. Mary Guilas Hawver, Executive Director from the Providence Kodiak Island Counselling Center, accepted the proclamation. Mayor Rohrer proclaimed May 7 through May 13, 2017 Municipal Clerks Week extending appreciation to Borough Clerk Nova Javier, and Assistant Clerk Laurie Pardoe, and to all municipal clerks for the vital services they perform and their exemplary dedication to the community they represent. Clerk Javier accepted the proclamation. COMMITTEE REPORTS Assembly member Smiley attended the AML meeting in Anchorage and provided a report. He discussed taxation being considered by the State Legislature. He encouraged the Assembly to start looking and considering a resolution in preparation for the AML meeting in November. Assembly member Van Daele attended and gave an update on the recent meetings of the Kodiak Fisheries Work Group (KFWG) and Borough Lands Committee. He said the presentation from Julie Bonney during the KFWG meeting was informative. Assembly member Crow also commented regarding the KFWG meeting and noted that the group will be discussing the Bering Sea Cod Update to make sure that Kodiak fleet is well positioned for a historical catch. Mayor Rohrer recessed the meeting at 8:00 p.m. and reconvened at 8:17 p.m. PUBLIC HEARING 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. VAN DAELE moved to adopt Ordinance No. FY2017-01A. This budget adjustment accounted for the following: Kodiak Island Borough Assembly Regular Meeting Minutes May 4, 2017 Page 2 of 10 • 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. VAN DAELE moved to amend Ordinance No. FY2017-01A by substitution and correct the amount on line 28-29 from $7,000 to 7,500. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO THREE: Crow, Smiley, Van Daele, and Rohrer (Ayes); Skinner, Symmons, and Townsend (Noes). Mayor Rohrer voted to break the tie. CROW moved change line 28 from amount by $6,667 this year. ROLL CALL VOTE ON MOTION TO AMEND FAILED THREE TO FOUR: Skinner, Symmons, and Crow (Ayes); Smiley, Townsend, Van Daele, and Rohrer (Noes). Mayor Rohrer voted to break the tie. Mayor Rohrer recessed the regular meeting and opened the public hearing. Paddy O'Donnell spoke in opposition to the Salmon funding request. He noted that the McDowell report reflects how much the trawl industry contributes to Kodiak economy and the Assembly should review that report. Judi Kidder also spoke regarding the Salmon funding and Mike Milligan expressed concern regarding Payment In Lieu of Taxes. Kodiak Island Borough Assembly Regular Meeting Minutes May 4, 2017 Page 3 of 10 Mayor Rohrer closed the public hearing. VAN DAELE moved to split the ordinance by removing and considering lines 28 and 29 lines on May 18'h. ROLL CALL VOTE ON MOTION TO SPLIT THE ORDINANCE FAILED TWO TO FOUR: Van Daele and Skinner (Ayes); Smiley, Symmons, Townsend, and Crow (Noes). ROLL CALL VOTE ON MOTION AS AMENDED CARRIED FIVE TO ONE: Smiley, Symmons, Townsend, Van Daele, and Crow (Ayes); Skinner (No). BOROUGH MANAGER'S REPORT • Manager Powers commented on the upcoming Community Cleanup Day and gave information regarding the Hazardous Waste Collection. • He announced that he will be out of the office from Monday to Wednesday in attendance of a Tsunami and Earthquake Training in Anchorage. MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer also reminded everyone about the Cleanup Day on Saturday and the the land sale public auction on Saturday at 1 p.m. UNFINISHED BUSINESS 1. 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). VAN DAELE moved to postpone Ordinance No. FY2018-01 to the next regular meeting of the Assembly. This agenda item was originally placed on the agenda on April 20 and served as the official transmission of the Manager's Budget to the Assembly pursuant to Kodiak Island Borough Code (KIBC) 3.15.030. The proposed budget for this year considered the various policy directives codified in Title 3 of the KIBC. It was postponed to the May 4'h meeting and again to the May 18'h meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FIVE TO ONE: Symmons, Townsend, Van Daele, Crow, and Smiley (Ayes); Skinner (No) NEW BUSINESS Contracts None. Kodiak Island Borough Assembly Regular Meeting Minutes May 4, 2017 Page 4 of 10 Resolutions Resolution No. FY2017-16 Authorizing The Records Manager To Dispose Of Certain Kodiak Island Borough Records. (This item was approved under the consent agenda). The Kodiak Island Borough Code 2.40.160 Disposal of records (8) provided for the Assembly to authorize by resolution the disposal of the records to be destroyed. The annual record destruction process had been followed which included department directors reviewing and authorizing the destruction of specific records reflected on the resolution. The Borough Attorney reviewed the records on the list and signed off on all with the exception of certain records relating to pending litigation. Those records had been removed from the resolution. The last step of the process was to obtain final authorization of the Borough Assembly by approval of this resolution. 2. Resolution No. FY2017-36 To Dispose Of The 11.419 Acre Parcel Tract A, Port Lions School Reserve In Exchange For The 6.33 Acre Parcel With A Legal Description Of Port Lions Subdivision First Addition School Reserve (P&Z Case No. 17-020). SMILEY moved to adopt Resolution No. FY2017-36 The Port Lions School Reserve was bisected by Airport Road, which ran north-east from Port Lions to the airport. In 1988, the Port Lions School was constructed on the lower half of this bisected parcel across an existing lot line with a parcel to the south owned by the City of Port Lions. In February of 2016, a building encroachment easement area was recorded (Book 2016- 000234) to normalize this violation. With this application, the City of Port Lions sought to trade ownership of the parcel over which the school extended for the northern half of the bisected parcel on the other side of Airport Road. This would ensure that although the school would still be extending over a lot line, both lots would be owned by the Kodiak Island Borough. Presumably, at a later date this lot line could be vacated if necessary. The lot line over which the school was built seemed to follow what would be a straight extension of the road to the south of the school site, though at this time the Community Development Department had no knowledge of plans to extend this road. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, Skinner, Smiley, and Symmons. 3. Resolution No. FY2017-38 Identifying Federal Program Priorities For Federal Fiscal Year 2018. CROW moved to adopt Resolution No. FY2017-38. Kodiak Island Borough Assembly Regular Meeting Minutes May 4, 2017 Page 5 of 10 Resolution No. FY2017-38 was corrected to include the Federal Priorities Program only. The Federal CIP list resolution would be introduced at a later time. This resolution designated the Borough's federal legislative funding priorities for federal fiscal year 2018. The Borough's lobbyist had reviewed and provided feedback on this draft resolution. When approved, this list is provided to our congressional delegation in hopes of having the federal government provides part or all of the funding needed to complete the projects and support the programs that have been identified as priorities in our community. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, Skinner, Smiley, Symmons, and Townsend. Ordinances for Introduction 1. Ordinance No. FY2017-15 Establishing A Long -Term Care Center Enterprise Fund. SKINNER moved to adopt Ordinance No. FY2017-15 in first reading to advance to public hearing at the next regular meeting of the Assembly. The hospital facility and the long-term care center revenues and expenses were accounted for within the same Hospital Facilities enterprise fund. This ordinance would make a separate enterprise fund for the long-term care center. This separation would increase the financial transparency of the different operations. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Skinner, Smiley, Symmons, Townsend. and Van Daele. 2. Ordinance No. FY2017-29 Amending Sections Of The Kodiak Island Borough Code Title 18 Borough Real Property, Chapter 18.20 Real Property Disposal - In General To Address Certain Methods And Means Of Borough Land Disposal Process. VAN DAELE moved to adopt Ordinance No. FY2017-29 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Borough Lands Committee proposed expanding and clarifying existing code language in KIBC Title 18 Borough Real Property. The code sections addressed here would permit a competitive disposal process to solicit design proposals for borough owned land that is backed by private sector investment interest. This would have the benefit of allowing the community to get the kind of development that is needed or expressed in adopted comprehensive plan guidance without having to become it's own developer. It would also reduce or eliminate the need for the borough to invest large sums of cash into a project that could take years to come to fruition. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, and Crow. Kodiak Island Borough Assembly Regular Meeting Minutes May 4, 2017 Page 6 of 10 3. Ordinance No. FY2017-30 Amending Sections Of Kodiak Island Borough Code Title 18 Borough Real Property, Chapter 18.20 Real Property Disposal — In General, To Address Certain Payment And Notice Requirements. VAN DAELE moved to adopt Ordinance No. FY2017-30 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Borough Lands Committee proposed to improve and streamline the borough land disposal process. In addition, they endeavored to conform the language of KIBC 18.20, Real Property Disposal - In General, with the applicable language in KIBC 18.30, Sale of Borough Land. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, and Skinner. 4. Ordinance No. FY2017-31 Rezone Of U.S. Survey 672 From R1 -Single -Family Residential District To I -Industrial District (P&Z Case 17-017). SKINNER moved to adopt Ordinance No. FY2017-31 in first reading to advance to public hearing at the next regular meeting of the Assembly. U.S. Survey 672 was the site of the Icicle Seafoods, Inc. processing facility in Larsen Bay. The seafood processing use was established on the property in the early 1900s and predates the site's R1 -Single -Family Residential District zoning designation, which came by blanket Ordinance No. 77-19-0. The plant has been in continuous operation for over 100 years and has proven compatible with the character of the community and surrounding land uses. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, Crow, Skinner, and Smiley. Other Items 1. Authorize Payment Of Actual Moving Expenses Of The Resource Management Officer Not To Exceed The Equivalent Of One Month's Salary. VAN DAELE moved to authorize reimbursement of actual moving expenses of the selected applicant as the Resource Management Officer not to exceed the equivalent of one month's salary. The position of Resource Management Officer was vacated on April 28, 2017 due to a retiring employee. In anticipation of this upcoming vacancy, the position was advertised and applications were accepted according to Borough policy. Applications were reviewed, rated, and the field was narrowed to three (3) applicants. Interviews were conducted resulting in the selection of one final candidate. An offer was made and accepted. One of the items that came up during hiring discussions was the availability of reimbursement of moving expenses. Borough policy states that the Borough Manager may offer reimbursement of moving expenses only upon approval of the Borough Assembly. Staff was therefore requesting approval of Kodiak Island Borough Assembly Regular Meeting Minutes May 4, 2017 Page 7 of 10 reimbursement of moving expenses for the new employee in an amount not to exceed one month's salary. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, Skinner, Smiley, and Symmons. 2. Confirmation Of Borough Deputy Clerk. SMILEY moved to confirm the Borough Clerk's Appointment of Ms. Laurie Pardoe for the Borough Deputy Clerk Position. 2.50.030 Deputy Clerk — Appointment. There is established the position of deputy clerk in the legislative service. The clerk is authorized to appoint the deputy clerk who shall be confirmed by the assembly. The position of the Borough Deputy Clerk was vacated on April 24. The position was advertised in house and externally. Ms. Laurie Pardoe was selected to fill the vacancy. Ms. Pardoe has been an employee in the Clerk's Office since January of 2016. She has completed two out of the three professional development classes provided by the Northwest Clerks Institute and she has attended training provided by the Alaska Association of Municipal Clerks Association. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, Skinner, Smiley, Symmons, and Townsend. CITIZENS' COMMENTS Judi Kidder thanked the Assembly and appreciated the members due diligence in tightening the budget. Mike Mulligan thanked the Assembly and asked that the Assembly check on a passage of a bill that could impact special needs students. Paddy O'Donnel urged the Assembly to review the McDowell Group report. ASSEMBLY MEMBERS' COMMENTS Assembly member Van Daele appreciated Major Davis invocation at the beginning of the meeting. Assembly member Crow reminded everyone about the Cleanup Day on Saturday. He was glad to hear about the free depression screening. He spoke regarding homelessness, the importance of fisheries, and housing need issues in Kodiak. Kodiak Island Borough Assembly Regular Meeting Minutes May 4, 2017 Page 8 of 10 Assembly member Skinner thanked the public for their participation and for those listening and following along with the meeting. She agreed that the assembly should look at the uncollected taxes and reflected on the foreclosure list. Assembly member Symmons thanked the citizens for their participation. He hoped that he can travel in the future to AML and SWAMC and participate in the discussions. Assembly member Smiley reported that the AML Board meeting was really informative and announced that the next meeting will be held in Haines in August. Assembly member Townsend commented regarding Cleanup Day and reminded everyone about the land sale on Saturday. He thanked Assembly member Smiley for this service on the AML Board. Announcements Mayor Rohrer announced the next Assembly work session would be held on Thursday, May 11 at 6:30 p.m. in the borough conference room and the next Assembly regular meeting was scheduled for Thursday, May 18 at 6:30 p.m. in the borough assembly chambers. An executive session was scheduled during a special meeting on Thursday, May 11 from 6 to 6:30 p.m. in the Borough Conference room. EXECUTIVE SESSION 1. 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 UNANMOUSLY: Crow, Skinner, Smiley, Symmons, Townsend, and Van Daele. 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. Mayor Rohrer recessed the regular meeting and convened the executive session at 9:43 p.m. Mayor Rohrer reconvened the regular meeting at 10:18 p.m. and announced that no action was to be taken as a result of the executive session. Kodiak Island Borough Assembly Regular Meeting Minutes May 4, 2017 Page 9 of 10 ADJOURNMENT SKINNER moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 10:18 p.m. 0 KODIA LAND BORO GH aniel A. Rohrer, Mayor Nova M. Javier, MMC, Bordugh Clerk Approved on: May 18, 2017 Kodiak Island Borough Assembly Regular Meeting Minutes May 4, 2017 Page 10 of 10