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2018-06-07 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting June 7, 2018 A regular meeting of the Kodiak Island Borough Assembly was held on June 7, 2018, 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, Julie Kavanaugh, Andrew Schroeder, Rebecca Skinner, Scott Smiley, Dennis Symmons, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Laurie Pardoe. APPROVAL OF AGENDA AND CONSENT AGENDA SKINNER moved to approve the agenda and the consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES The special meeting minutes of March 29, 2018, April 26, 2018, and May 15, 2018; and regular meeting minutes of April 19, 2018, and May 03, 2018 were approved under the consent agenda. CITIZENS' COMMENTS Susan Brockman delivered the 4'' quarter report for the Senior Citizens of Kodiak and thanked the Assembly for its continued support. Jeff Stewart found the presentation from the Local Boundary Commission to be informative and would like to follow any future discussions about this topic. He expressed appreciation for having the Coast Guard in Kodiak. Judi Kidder spoke concerning Kodiak Clean Up Day and noted that during the summer people tend to start disposing of large items. She thought that it would be helpful to have a sign for the landfill. Jerry Munson from Foxtail Lodge noted he would be glad to answer any questions regarding Ordinance No. FY2018-07. Kodiak Island Borough Assembly Regular Meeting Minutes June 7, 2018 Page 1 of 10 Pat Holmes asked the Clerks to read a letter from him into the record opposing a change in the property assessment schedule. AWARDS AND PRESENTATIONS Mayor Rohrer proclaimed the week of May 19 through May 25, 2018 as Safe Boating Week and urged all those who boat to "Wear It" and practice safe boating habits. Mayor Rohrer proclaimed June 2018 as Filipino American Heritage Month and urged all citizens to participate in the festivities celebrating the rich heritage and traditions of the Philippine islands. COMMITTEE REPORTS Assembly member Smiley reported on the May 30 and May 6 Kodiak Fisheries Work Group meetings. He highlighted several topics of local interest that were reported to the group. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Powers briefly reported on the following: • Emergency Services Council training • Issue developing for thrifts stores in the area that have received large amounts of trash being left as a "donation" MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer briefly reported on the following: • Emergency Service Council met to discuss the siren needs and potential improvements • Topic of Consolidation will be discussed at the next work session. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2006-37B Amending Contract No. FY2006-37 Employment Agreement Between The Kodiak Island Borough and The Borough Clerk. SYMMONS moved to approve Contract No. FY2006-37B amendment to Contract No. FY2006- 37. Kodiak Island Borough Assembly Regular Meeting Minutes June 7, 2018 Page 2 of 10 Under Section 4, Salary and Benefits of the Clerk's Contract notes that upon satisfactory review, the Assembly may increase said salary and/or other benefits of the Clerk in such amounts and to such an extent as the Borough Assembly may determine is applicable. On May 10, 2018, the Borough Assembly conducted the Clerk's performance evaluation. Upon satisfactory review, it was discussed to amend the existing Clerk's contract for the Borough to cover 100% of the cost of health insurance for the Clerk and her dependents. This change will be retroactive to May 10, 2018. Included in the amendment is the change to the frequency of cash out submissions from once to twice per year. This does not change the maximum cash in hours of 160 hours per year. SKINNER moved to amend sentence in the middle of the second paragraph to state "Such requests for cash -out shall be permitted twice in a calendar year, provided total cash out does not exceed 160 hours." and to change the phrase "retroactive date" to "effective date" in the last sentence. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Crow, Kavanaugh, Schroeder, Skinner, Smiley, Symmons, and Van Daele. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Smiley, Symmons, Van Daele, and Crow. Resolutions 1. Resolution FY2018-34 Conveying Tax Foreclosed Property to the City of Ouzinkie. VANDAELE moved to adopt Resolution No. FY2018-34. This resolution will convey a tax foreclosed property from the Kodiak Island Borough to the City of Ouzinkie, as provided in AS 29.45.450, upon receipt of payment for outstanding taxes and foreclosure costs. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Smiley, Symmons, Van Daele, Crow, and Kavanaugh. 2. Resolution No. FY2018-31 Authorizing The Records Manager To Dispose Of Certain Kodiak Island Borough Records (Annual Destruction of Records). VAN DAELE moved to adopt Resolution No. FY2018-31. The Kodiak Island Borough Code 2.40.160 Disposal of records (8) provides for the Assembly to authorize by resolution the disposal of the records to be destroyed. To reduce liability, it is important to destroy expired records on a timely manner in accordance with the record retention schedule adopted by the Assembly. The FY2019 annual record destruction process has been followed which includes department directors reviewing and authorizing the destruction of specific records reflected on the resolution. Kodiak Island Borough Assembly Regular Meeting Minutes June 7, 2018 Page 3 of 10 This Resolution takes into account a request made by previous Engineering/Facilities Director Bob Tucker as follows: • The Engineering and Facilities Director signed off on the destruction with the stipulation that the drawings may be destroyed ONLY AFTER confirming that a good quality digital scan has been captured and retained in the construction Project File. The Clerk's office has made arrangements with Engineering staff for the scanning project to be completed over the next few years as staff time allows. This Resolution will allow the Clerk to destroy the drawings as necessary once scans are verified completed. • Mr. Tucker also stipulated that Series EF -03 Road and Trails Project Files be destroyed with the exception of any as -built drawings contained within a box. These drawings would also only be destroyed upon confirming that they have been properly scanned. The Borough Attorney has reviewed the records on the list and signed off on all. The last step of the process is obtaining final authorization of the Borough Assembly by approval of this resolution. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Van Daele, Crow, Kavanaugh, and Schroeder. Resolution No. FY2018-32 Rescinding Resolution No. FY2011-05 And Adopting A Six - Year Schedule For Systematic Reevaluation For Both Taxable Property On The Road System And Remote, Rural Properties Within The Kodiak Island Borough VAN DAELE moved to adopt Resolution No. FY2018-32. This resolution was requested by Assembly member Skinner which would change the reevaluation of taxable property in the road system from three year to six years. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Van Daele, Crow, Kavanaugh, Schroeder, and Skinner. Ordinances for Introduction Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision From R1 -Single -Family Residential District To B -Business District (P&Z Case No. 17- 030). SMILEY moved to advance Ordinance No. FY2018-07 to public hearing on July 19, 2018. Clerk's historical note: Votes on 05/03/2018 Ayes: Kavanaugh, Schroeder, and Smiley No: Crow It takes a majority vote of the authorized members for a motion to carry (four members). Since this ordinance had not failed two times in a row, the Assembly requested that it be reintroduced on May 17, 2018. KIBC 2.30.070 (0) states "the same motion that receives the same Kodiak Island Borough Assembly Regular Meeting Minutes June 7, 2018 Page 4 of 10 outcome two meetings in a row shall not be revisited for six months unless the members by a majority vote agree to do so." Notifications regarding the reintroduction of this ordinance sent by mail and email to Mr. Munson. Mail, Email, and phone call notifications sent to Larsen Bay Clerk. Response received that notification will be forwarded to council members. ORIGINAL AGENDA STATEMENT This rezone request is the result of a substantiated complaint regarding the operation of a commercial lodge on an R1 -Single-family Residential zoned lot in the City of Larsen Bay (a prohibited use in that zoning district). A commercial lodge (Foxtail Lodge) has operated on the subject lot since 2000. The applicant desires to continue the lodge operation. To legally do so, the existing lodge must be brought into compliance with the requirements of Title 17 (Zoning) of the Borough code by rezoning the lot to a district that permits such use. Lodges have been determined to be a permitted use in B -Business zoning. B -Business zoning is also consistent with the Commercial Future Land Use Designation assigned to the lot and various objectives of the adopted Comprehensive Plan. Accordingly, a rezone to B -Business is requested. The Planning and Zoning Commission held a public hearing on this rezone request at their June 21, 2017 regular meeting. The Commission voted unanimously to recommend that the Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Van Daele, Kavanaugh, Schroeder, Skinner, and Smiley (Ayes); Symmons and Crow (Noes). 2. Ordinance No. FY2018-01B Amending Ordinance No. FY2018-01, Fiscal Year 2018 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 advance Ordinance No. FY2018-01 B to public hearing at the next regular meeting of the Assembly. This ordinance details changes and accounts for additional funding requests that had occurred during the current fiscal year for items or circumstances that were not known or expected during the initial creation of the fiscal budget. The revenue estimates contained in our budget are made a year or more in advance of receiving any information on them. Revenues that depend on Federal or State Budget Appropriations, or formulas that contain quotas or caps, are more volatile and therefore more difficult to predict. The federal revenue source being amended in this ordinance is from the Department of the Interior for the Refuge Revenue Sharing Act, and is being increased by $79,473. The two state revenue sources being amended in this ordinance are both from the State of Alaska's Department of Commerce, Community, and Economic Development; we have received an additional $75,742 through the Community Assistance Program and have received $67,531 less than expected through Shared Fisheries Business and Resource Landing Taxes. Kodiak Island Borough Assembly Regular Meeting Minutes June 7, 2018 Page 5 of 10 The expense estimates are also made a year or more in advance and, although more able to be managed than revenues, still experience unanticipated charges or unexpected purchasing opportunities. These include $100,000 expense for Fire Protection Area #1 to resolve a personnel matter, a $50,000 chemical expense for the Leachate Treatment Plant while they continue to work on stabilizing the treatment process, and the $75,000 expense for the Womens Bay Fire Department for the purchase of Scott Air Pacs for their firefighters. Since most projects cover multiple years, the borough does not create annual budgets for them. Instead, each project budget is created individually when the project itself is created. Throughout the life of a project, funds may be moved into or out of the project due to additions and subtractions to changes to the scope work, expenses that come in over/under original estimates, or funds that remain at the completion of the project. The projects receiving funding by this budget amendment are: • Chiniak Emergency Shelter ($403,958 of insurance proceeds and $137,000 from Fund 220 - Building & Grounds) • Baler Septic ($40,000 from the Solid Waste Collection and Disposal fund) • Baler Building Siding & Roof ($125,000 from the Solid Waste Collection and Disposal fund) • Baler Building Underground Storage Tanks ($40,000 from the Solid Waste Collection and Disposal fund) • Providence Kodiak Island Medical Center Roof ($118,000 from the Hospital Fund) • Providence Kodiak Island Medical Center Fire Suppression ($608,000 from the Hospital Fund) • Main Elementary Walkway (reallocate $329,800 from Roofing Replacement) • Kodiak Middle School Boilers (reallocate $220,000 from Flooring Replacement and reallocate $177,633 from Peterson Boilers) SKINNER moved to postpone the item to the next regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO THREE: Crow, Schroeder, Skinner, and Symmons (Ayes); Van Daele, Kavanaugh, and Smiley (Noes). Other Items Waive The Confidentiality of the Attorney -Client Privileged Legal Opinion Relating To Initiative Ordinance No. FY2018-01 Which Would Provide For Limitations On The Maximum Allowable Tax Revenues For The Kodiak Island Borough. VAN DAELE moved to waive Attorney -Client privilege of legal opinion relating to initiative Ordinance No. FY2018-01. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Kavanaugh, Schroeder, Skinner, Smiley, Symmons, and Van Daele. Kodiak Island Borough Assembly Regular Meeting Minutes June 7, 2018 Page 6 of 10 2. Confirmation Of A Mayoral Appointment to the Borough Seat On The Planning and Zoning Commission (Mr. Jay Baldwin). VAN DAELE moved to confirm the mayoral appointment of Mr. Jay Baldwin to the Planning and Zoning Commission Borough seat for a term to expire December 2019. There was one borough seat vacant and one impending city seat on the Commission. Mr. Baldwin had served on Planning and Zoning Commission from 2014-2016 and expressed interest in re -applying for the Borough seat. 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. 2.105.010 Created — Membership. There is created pursuant to AS 29.40.020 a planning and zoning commission, which shall consist of seven members appointed by the mayor subject to confirmation by the assembly, except that a member from a home rule or first class city shall be selected from a list of recommendations submitted by the council. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Smiley, Symmons, Van Daele, and Crow. 3. Declaring A City Seat On The Planning And Zoning Commission Vacant (Mr. Jim Scholz). VAN DAELE moved to declare the seat held by Mr. Jim Scholz on the Planning and Zoning Commission for a City seat term to expire December 2020 vacant and direct the Clerk to advertise the vacancy per Borough Code. Mr. Jim Scholz was appointed to the Planning and Zoning Commission city seat on April 5, 2018. Since that time, numerous attempts had been made by CDD staff to contact Mr. Scholz and staff failed to connect with him. Staff attempted contact via the mailing and email addresses and phone numbers identified on Mr. Scholz's Board Application Form. When phoning Mr. Scholz's employer via the phone number provided, staff was informed that Mr. Scholz was no longer employed by the company. It was believed that he may no longer reside in Kodiak. This seat needed to be vacated as the Commission was running into challenges meeting quorum. The commission is composed of 7 members and there were two seats that were vacant. Kodiak Island Borough Code states: Kodiak Island Borough Assembly Regular Meeting Minutes June 7, 2018 Page 7 of 10 2.100.070 Vacancies.A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 1. Is physically absent from the municipality for 90 consecutive days unless excused by the board, committee, or commission; 2. Resigns and the resignation is accepted; 3. Is physically or mentally unable to perform the duties of office as determined by two-thirds vote of the board, committee, or commission; 4. Is convicted of a felony or of an offense involving a violation of the oath of office; 5. No longer physically resides in the municipality and the board, committee, or commission by two-thirds vote declares the seat vacant; this subsection does not apply to a member of the board, committee, or commission who forfeits office under AS 29.20.140(a); or 6. Misses three consecutively held regular meetings and is not excused. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Smiley, Symmons, Van Daele, Crow, and Kavanaugh. CITIZENS' COMMENTS Jeff Stewart noted that he wished for clarification about the rules for addressing the assembly as a whole versus speaking about one individual as a whole. Jane Petrich spoke regarding misinformation regarding the potential rezone outlined in Ordinance No. FY2018-07. ASSEMBLY MEMBERS' COMMENTS Assembly member Kavanaugh noted that the NPFMC meetings were being held in Kodiak. She expressed her concerns regarding emergency preparedness. She enjoyed the presentations from the Local Boundary Commission and was looking forward to future discussions. Assembly member Crow voiced his concerns with paper recycling and the tsunami sirens. He thanked Assembly member Skinner for her hard work as the Deputy Presiding Officer. Assembly member Skinner thanked the public for their participation and noted the potential benefits of holding weekend landfill hours and providing signage at the landfill. Assembly member Symmons thanked the public for their participation and encouraged people to consider running for an Assembly member seat. Assembly member Schroeder recognized the Coast Guard and the importance of boat safety. He noted that there is a lot of crime at this time in Kodiak and suggested that there were some things that the Borough could do despite the fact that it does not have police powers. Announcements Kodiak Island Borough Assembly Regular Meeting Minutes June 7, 2018 Page 8 of 10 Mayor Rohrer announced that the next Assembly work session is scheduled on Thursday, June 14, 2018 at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, June 21, 2018 at 6:30 p.m. in the Borough Assembly Chambers. At 6 p.m. preceding that meeting, the Bayside Fire Department will be in the parking lot to give tours of their two new apparatus. EXECUTIVE SESSION 1. Borough Manager's Performance Evaluation. SKINNER moved to convene into executive session to discuss the Borough Manager's Performance Evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his character or reputation. Move to invite the Mayor and Assembly into executive session for the first 10 minutes, and after which, the Manager would also be invited to join in. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Mayor Rohrer recessed the regular meeting and convened the executive session. At 10:30 p.m. the mayor and Assembly returned from executive session to extend the meeting time. SKINNER moved to extend the meeting time to 11 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Mayor Rohrer and the Assembly returned to the executive session. Upon returning from the executive session at 10:45 p.m., Mayor Rohrer reconvened the regular meeting and announced that no action would be taken as result of the executive session and noted that the Manager's evaluation was completed. ADJOURNMENT SMILEY moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Kodiak Island Borough Assembly Regular Meeting Minutes June 7, 2018 Page 9 of 10 The meeting was adjourned at 10:45 p.m. A ST: :I Ifl Nova M. Javier, MMC, Bor ugh Clerk Kodiak Island Borough June 7, 2018 KODIA LAND BOROUG Daniel A. Rohrer, Mayor Approved on: (271cl).W] g Assembly Regular Meeting Minutes Page 10 of 10