Loading...
2018-11-01 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting November 1, 2018 A regular meeting of the Kodiak Island Borough Assembly was held on November 1, 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, and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Karen Siador. SMILEY moved to excuse Assembly member Symmons who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA SMILEY moved to approve the agenda. SKINNER moved to amend the agenda by adding under "Other Items' the letter addressed to the US Department of Transportation regarding the Alaska's M/V Tustumena Replacement Project. ROLL CALL VOTE TO AMEND THE AGENDA CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Smiley, and Turner. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: APPROVAL OF MINUTES — None. CITIZENS' COMMENTS The following spoke under citizens' comments: April Eads Shawn Dochtermann Major Dave Davis Duncan Fields Jack Maker Justin Thran Rachel Stoltenburg Jeff Stewart Roy Thomas Nate Svoboda Kodiak Island Borough Assembly Regular Meeting Minutes November 1, 2018 Page 1 of 10 AWARDS AND PRESENTATIONS 1. Received an Update On The EPA Brownfield Assessment Grant: Area -Wide Planning from CDD Associate Planner, Daniel McKenna -Foster. The Community Development Department has been working in a coalition with Natives of Kodiak and the City of Kodiak on an EPA Brownfield Assessment Grant. Staff will be providing an update on progress with the grant. In upcoming phases of the project, the coalition will be focusing on area -wide planning for three areas in the Borough. COMMITTEE REPORTS Assembly member Skinner gave a report on South West Alaska Municipal Conference. Assembly member Smiley gave a report on Kodiak Fisheries Work Group. Mayor Rohrer announced the upcoming Borough Lands Committee Meeting. PUBLIC HEARING Ordinance No. FY2019-01A Amending Ordinance No. FY2019-01, Fiscal Year 2019 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects SKINNER moved to adopt Ordinance No. FY2019-01A. This ordinance details changes and accounts for additional funding requests that have occurred during the current fiscal year for items or circumstances that were not known or expected during the initial creation of the fiscal budget. Funds: Funds are accounts established to collect money that must be used for a specific purpose. The following funds are being changed with this budget amendment. • Fund 220 - Building and Grounds (increased by $336,000 due to the return of funds from the Main Elementary Walkway project) • Fund 276 - Facilities Fund (increased by $11,130 due to the return of funds from the Main Elementary Walkway project) • Fund 530 - Solid Waste Collection & Disposal (decreased by $50,000 due to transfer of funds to Baler Building UST project) • Fund 555 - KFRC (decreased by $180,000 due to transfer of funds to projects; $30,000 to Seawater Storage & Filter Vessel, and $150,000 to Fire Alarm Upgrades) Although ordinances are not legally needed for transfer of funds between sub -departments within a department, staff has recommended this to facilitate intent and financial transparency to the public. Fund 220 - Building and Grounds (department 232 (Borough Building) moving $150,000 of contingencies: $75,000 to department 234-215 Closed Schools - Larsen Bay and $75,000 to department 234-225 Closed Schools - Karluk for repairs and maintenance needed to shut down and secure the building and internal systems) Fund 220 - Building and Grounds (department 232 (Borough Building) moving $25,000 of budgeted expenses from sub -department 234-220 Closed Schools - Port Lions to sub -department 234-215 Closed Schools Larsen Bay for ongoing utility expenses) Kodiak Island Borough November 1, 2018 Assembly Regular Meeting Minutes Page 2 of 10 Projects: 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 being amended by this budget amendment are: • Main Elementary Walkway (reduction of $347,500 of funding; $336,700 is being returned to Fund 220 - Building & Grounds, and $11,130 of funding which is being returned to Fund 276 - Facilities Fund) • East & KMS Roofing Replacement (reallocate $30,000; 5,000 to Ahkiok, Karluk & Ouzinkie Schools Flooring, and $25,000 to UST Replacement - Main, Old Harbor & Port Lions) • Ahkiok, Karluk & Ouzinkie Schools Flooring (receiving $5,000 of reallocated funds from East & KMS Roofing Replacement) • UST Replacement - Main, Old Harbor & Port Lions (receiving $25,000 of reallocated funds from East & KMS Roofing Replacement) • Renewal & Replacement (decreased by $130,000 due to transfer of $130,000 to Chiniak Emergency Shelter Rebuild for water treatment, septic and a generator) • Chiniak Emergency Shelter (increasing by $130,000 due to receiving funds from the Renewal & Replacement fund for water treatment, septic and a generator) • Playground Replacement ( increase by $50,000 due to a 2014 Legislative grant) • East & KMS Roofing Replacement (reallocate $3,580.62 of funding to Paving and UST Replacement) • Paving and UST Replacement (increasing by $24,995.95 due to: $3,580.62 of reallocated of funds from East & KMS Roofing Replacement, $6615.56 of reallocated funds from Main and Peterson Flooring Replacement and $14,799.77 of reallocated funds from Peterson Elementary Boilers and Controls) • Main and Peterson Flooring Replacement (reallocate $6,615.56 of funding to Paving and UST Replacement) • Peterson Elementary Boilers and Controls (reallocated $14,799.77 of funding to Paving and UST Replacement) • Baler Building UST (receiving $50,000 of funds from Solid Waste Collection and Disposal fund) • Seawater Storage and Filter Vessel (receiving $30,000 from KFRC) • Fire Alarm Replacement & Upgrade (receiving $150,000 from KFRC) Mayor Rohrer opened the public hearing. Seeing and hearing none, Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Smiley, Turner, and Kavanaugh. BOROUGH MANAGER'S REPORT • Spoke to the two Rotary Clubs • Met with borough and State staff regarding bond/loan approval • Met with Bayside Chief regarding education programs, calls for service, purchasing, staffing and related issues. Kodiak Island Borough Assembly Regular Meeting Minutes November 1, 2018 Page 3 of 10 • Met with Fish and Game and the City concerning bears. Working with staff to do research on the issue. • Working with staff on implementation of the UMOT (issuance of citations). • Met with staff regarding capital projects. • Worked on several personnel issues. • Attending AML in Anchorage MESSAGES FROM THE BOROUGH MAYOR • Talked about a letter addressed to NOAA. • Gave a summary of the applicants for the vacant Assembly seat. UNFINISHED BUSINESS 1. Contract No. FY2018-32 Approving a 55 -Year Lease to Fire Service Area 1 The motion is on the floor which is to "move to authorize the Manager to execute Contract FY2018-32." Staff recommends adopting this motion. This contract was originally introduced on July 20, 2018. First Postponement: August 2 regular meeting Second Postponement: September 20 regular meeting Third Postponement: November 1 regular meeting. This contract is the next step in disposal of this property by lease. Planning and Zoning voted to dispose of this property by lease to Fire Protection Service Area 1 (FPSA1) in P&Z case no. 17- 022. Kodiak Island Borough Assembly upheld that finding in Resolution No. FY2018-033. Approval of this resolution will authorize the signing and execution of a 55 -year lease by the Manager's office. The disposal by lease of this property has been postponed three times. Historically the property that houses the Bayside Fire Department has been leased by Fire Protection Service Area #1 (FPSA1) from the Kodiak Island Borough (KIB). Throughout the years FPSA1 has made improvements to the lot including installation of a generator, utility shed, removal of junk, and construction of numerous Fire Training apparatuses. FPSA1 has been solely responsible for maintenance, upkeep, insurance, and security of the premises. KAVANAUGH move to reduce the proposed lease from 55 years to 20 years and change where applicable all references in the lease to reflect a 20 -year lease. ROLL CALL VOTE ON THE MOTION TO AMEND TO 20 -YEAR CARRIED UNANIMOUSLY: Skinner, Smiley, Turner, Kavanaugh, and Schroeder. SKINNER moved to strike the existing sub -paragraph C and to replace it with the following: The borough reserves the right to site waste and recycling containers for public use on the property at its discretion as to type of container, location, and any improvements thereto. The Borough will consult with the service area and stakeholders in regard to container citing. ROLL CALL VOTE ON THE MOTION TO CARRIED UNANIMOUSLY: Smiley, Turner, Kavanaugh, Schroeder, and Skinner. Kodiak Island Borough Assembly Regular Meeting Minutes November 1, 2018 Page 4 of 10 ROLL CALL VOTE ON THE MOTION AS AMENDED CARRIED UNANIMOUSLY: Turner, Kavanaugh, Schroeder, Skinner, and Smiley. 2. Contract No. FY2019-05 Service Contract with the City of Kodiak for Building Permit Services The motion is on the floor which is to "move to authorize the Manager to execute Contract FY2019-05." Staff recommends adopting this motion. This contract was postponed from the September 20, 2018 regular meeting. The Kodiak Island Borough (Borough) has contracted with the City of Kodiak (City) for a number of years to provide building permit and inspection services. Most recently, direction was given to re-enter into an agreement. As part of those discussions, staff has modified the proposed agreement relative to prior agreements in two, significant ways. First, the cost sharing has been split evenly (previously was based upon "usage" with the Borough using the services slightly more than the City) and second, to agree to fund the creation of standard plans for use by residents. The intent of creating standard plans for common projects is to reduce the expense of building by eliminating the need to hire an engineer for common projects. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Smiley, and Turner. NEW BUSINESS Reorganization of the Kodiak Island Borough Assembly 1. Election of the Deputy Presiding Officer. KAVANAUGH moved to nominate Assembly member Skinner as Deputy Presiding Officer. These are some of the duties of the Deputy Presiding Officer (DPO). • Serves at the pleasure of the members • Preside as the chair in the absence of the mayor • Attends agenda setting • May be called upon to attend events in the absence of the mayor • Facilitate the evaluation of the Manager and Clerk VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. Contracts — None. Resolutions 1. Resolution No. FY2019-11 Adopting a State Legislative Capital Improvement Projects Priority List For the 2019 Legislative Session. SKINNER moved to adopt Resolution No. FY2019-11. The attached State CIP list was initiated at the September 27 work session and has undergone revision based on that discussion. Further discussion occurred with visiting lobbyist Mark Hickey. The attached list is the proposed final list base on the two previous discussions. Kodiak Island Borough Assembly Regular Meeting Minutes November 1, 2018 Page 5 of 10 SKINNER moved to divide the question by voting on item nos. 1,2,3,4,5,6,8, and 9 and voting on item no. 7 separately. VOICE VOTE ON THE MOTION TO DIVIDE CARRIED UNANIMOUSLY. SKINNER moved to strike item no. 8. ROLL CALL VOTE ON THE MOTION TO STRIKE NO. 8 CARRIED UNANIMOUSLY: Schroeder, Skinner, Smiley, Turner, and Kavanaugh. KAVANAUGH moved to strike item no. 5 on the CIP List. ROLL CALL VOTE ON THE MOTION TO STRIKE ITEM NO. 5 FAILED THREE TO TWO: Skinner, Turner, Kavanaugh (AYES); Smiley and Schroeder (NOES). ROLL CALL VOTE ON THE MOTION TO APPROVE ITEM NOS. 1, 2, 3, 4, 5, 6, and 9 CARRIED UNANIMOUSLY: Smiley, Turner, Kavanaugh, Schroeder, and Skinner. KAVANAUGH moved to approve item no. 7 on the CIP List. ROLL CALL VOTE ON THE MOTION TO APPROVE ITEM NO. 7 CARRIED FOUR TO ONE: Turner, Kavanaugh, Schroeder, and Smiley (AYES); Skinner (NO). Ordinances for Introduction — None. Other Items 1. Assembly Review and Taking Official Action In Support To The Following Alaska Municipal League Resolutions: Resolution No. 2019-01 Supporting the Alaska Municipal League's Stated Principles. Resolution No. 2019-02 Supporting the Alaska Municipal League's Stated Priorities. Resolution No. 2019-03 Supporting the Development of a Community Dividend. Resolution No. 2019-04 Requesting that the Alaska State Legislature Fund the Senior Citizens/Disabled Veterans Property Tax Exemption as Required in AS 29.45.030 (g). Resolution No. 2019-05 Supporting Full Funding from the State of Alaska for School Bond Debt Reimbursement and State Aid for Construction in Regional Education Attendance Areas. Resolution No. 2019-06 Supporting Legislation Adopting Real Property Sales Disclosure in Alaska. Resolution No. 2019-07 Supporting Increased Investment in the Alaska Renewable Energy Fund, and Continued Support for Existing State Energy and Energy Efficiency Programs. Resolution No. 2019-08 Supporting the State's Implementation of a Broad -Based Tax. Resolution No. 2019-09 Requesting that Title 29 be Amended to Remove the Audit Requirement for Community Assistance, and Provide a One -Time Waiver of Past Audit Requirements; Thereby, Releasing all Outstanding Community Revenue Sharing/Assistance Funds. Resolution No. 2019-10 Encouraging the Governor and Legislature to Increase Capacity Within the Office of Management and Budget to Evaluate Costs to Communities of State and Legislative Budget and Legislative Actions, and to Include a Municipal Impact Fiscal Note in All Relevant Legislation. Resolution No. 2019-11 Requesting From the Governor and Alaska State Legislature Provide a One -Time Payoff of PERS Delinquencies and Debt. Kodiak Island Borough Assembly Regular Meeting Minutes November 1, 2018 Page 6 of 10 Resolution No. 2019-12 Supporting the Public Employee Retirement System (PERS) Reform. Resolution No. 2019-13 Supporting Changing the Transferability of Limited Entry Salmon Permits by Allowing an Additional Name on the Permit. Resolution No. 2019-14 Supporting Full Funding ($7,409,439) for the State of Alaska Municipal Harbor Facility Grant Program in the FY2020 State Capital Budget. It has been the practice of the Borough Assembly to discuss the AML resolutions as a voting delegate will be appointed to carry out the wishes of the Assembly during the AML business meeting. In the past, the Assembly discussed each resolution and determined which ones to support. Those that were contentious were placed on the regular meeting agenda for a vote of the Assembly. The Mayor, during the work session will ask the Assembly to express any concerns to any of the resolutions in the packet. This will be the opportunity for the members to express their thoughts. Based on the discussions at the October 25 work session, the following motions are recommended: KAVANAUGH moved to support AML Resolution No. 1, 2, 4, 7, and 10. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Smiley, and Turner. SMILEY moved to support Resolution No. 2019-05. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Smiley, Turner, and Kavanaugh KAVANAUGH moved to support Resolution No. 2019-08. ROLL CALL VOTE ON THE MOTION FAILED THREE TO TWO: Smiley and Schroeder (AYES); Skinner, Turner, Kavanaugh (NOES). SCHROEDER moved to support Resolution No. 2019-12. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Turner, Kavanaugh, Schroeder, and Skinner. KAVANAUGH moved to support Resolution No. 2019-13. ROLL CALL VOTE ON THE MOTION FAILED UNANIMOUSLY: Turner, Kavanaugh, Schroeder, Skinner, and Smiley. KAVANAUGH moved to support Resolution No. 2019-14. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Turner (AYES); Skinner and Smiley (NOES). Kodiak Island Borough Assembly Regular Meeting Minutes November 1, 2018 Page 7 of 10 2. Assembly Approval Of An Assembly Candidate To The Alaska Municipal League Board of Directors District 10 Seat. SKINNER moved to approve the candidacy of Assembly member Scott Smiley to the Alaska Municipal Board of Directors, District 10 seat. Assembly member Scott Smiley's seat on the AML Board is expiring this year. He has served on the Board since 2017. District 10 is comprised of Bristol Bay, Aleutians, and Kodiak Island. The City of Kodiak Mayor currently serves as the President of AML and a Council Member serves as the National League of Cities representative on the Board. Due to the financial commitment involved, potential candidates should file their intent and obtain Assembly approval for the candidacy. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Smiley, Turner, and Kavanaugh. 3. Appointment Of The Voting Delegate For The Kodiak Island Borough At The Alaska Municipal League Business Meeting. KAVANAUGH moved to appoint Assembly member Schroeder as the voting delegate for the Kodiak Island Borough at the Alaska Municipal League Business Meeting. The Kodiak Island Borough is a member of the Alaska Municipal League and sends delegates to attend the annual conference each year. An important part of the Annual Local Government Conference is to discuss and approve the AML Legislative Priorities, Position Statements and adopt Resolutions on key legislative issues. The process is completed at the Annual Business Meeting on Friday, November 16th at 9:00 a.m. where the membership will review and adopt the 2019 documents. Although multiple attendees are sent to AML and all members could be in attendance during the annual business meeting, the Kodiak Island Borough is entitled to only one vote. In the past, the Mayor served as the voting delegate for the Borough. He is unable to attend the business meeting, discussion is important so that the person who will be voting on behalf of the Borough knows the official position of the majority of the Assembly. The following members will be in attendance during the business meeting: Julie Kavanaugh and Scott Smiley (serves on the AML Board). SKINNER moved to amend the motion to add Assembly member Kavanaugh as an alternate. ROLL CALL VOTE TO AMEND THE MOTION TO ADD ASSEMBLY MEMBER KAVANAUGH AS AN ALTERNATE CARRIED UNANIMOUSLY: Skinner, Smiley, Turner, Kavanaugh, and Schroeder. ROLL CALL VOTE ON THE MOTION AS AMENDED CARRIED UNANIMOUSLY: Smiley, Turner, Kavanaugh, Schroeder, and Skinner. Kodiak Island Borough Assembly Regular Meeting Minutes November 1, 2018 Page 8 of 10 4. Declaring A Seat Vacant On The Service Area No.1 Board (Mr. Bill Mann). SKINNER moved to accept, with regret, the resignation of Mr. Bill Mann effective immediately from the Service Area Board No. 1 for a term to expire December 2020 and direct the Borough Clerk to advertise the vacancy per Borough code. 2.100.070 Vacancies. A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Turner, Kavanaugh, Schroeder, and Skinner. 5. Letter addressed to the US Department of Transportation regarding the Alaska's MN Tustamena Replacement Project. SKINNER moved to authorize the major to sign the letter addressed to the US Department of Transportation regarding the Alaska's MN Tustamena Replacement Project. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY Turner, Kavanaugh, Schroeder, Skinner and Smiley. CITIZENS' COMMENTS The following spoke under citizens' comments: Paul Vandyke Jeff Stewart ASSEMBLY MEMBERS' COMMENTS Assembly member Kavanaugh, Skinner, Schroeder, and Smiley addressed the bear issues during their comments. Assembly member Turner spoke about his first meeting tonight and thanked the public for electing him. He also spoke about bear issues. Announcements The next Assembly work session is scheduled on Thursday, November 8, 2018 at 6:30 p.m. in the School District Conference Room. The regular meeting scheduled on Thursday, November 15, 2018 has been canceled due to Assembly members' attendance to the Newly Elected Kodiak Island Borough Assembly Regular Meeting Minutes November 1, 2018 Page 9 of 10 Official and Alaska Municipal League Conferences in Anchorage, AK. The next Assembly regular meeting will be on Thursday, December 6, 2018, at 6:30 p.m. in the Borough Assembly Chambers. Absentee -In -Person voting for the General Election is still ongoing in the Clerk's Office from 10 a.m. to 4 p.m. Monday to Friday until November 5. The General Election will be held on Tuesday, November 6, 2018. Polling hours are from 7 a.m. to 8 p.m. If you have any questions regarding absentee voting, please call the Clerk's Office at 486-9310. ADJOURNMENT KAVANAUGH moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 10:24 p.m. ATTEST: rw Nova M. Javier, MMC, rough Clerk Kodiak Island Borough November 1, 2018 KODIAI LAND BOROUGH Daniel A. Rohrer, Mayor Approved on: December 20, 2018 Assembly Regular Meeting Minutes Page 10 of 10