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2019-01-03 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting January 3, 2019 A regular meeting of the Kodiak Island Borough Assembly was held on January 3, 2019, 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 Scott Arndt, Julie Kavanaugh, Andrew Schroeder, Scott Smiley, Dennis Symmons, and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Karen Siador. ARNDT moved to excuse Assembly member Skinner who was absent due to illness. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA ARNDT moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. ARNDT moved to suspend the rules and move Contract No. FY2019-16 under other items. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS None. AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS Mayor Rohrer announced that there will be a Borough Lands Committee meeting on January 9, 2019. PUBLIC HEARING Ordinance No. FY2019-12 Calling for a Special By -Mail Election to Submit to the Qualified Voters the Question of Abolishing the Mission Lake Tidegate Service Area. Kodiak Island Borough Assembly Regular Meeting Minutes January 3, 2019 ARNDT moved to adopt Ordinance No. FY2019-12. On October 31,2018, a petition to abolish the Mission Lake Tidegate service area was submitted to the Clerk's office and found to be in conformity with Borough Code. Subsequently, per Code, the Manager's Office has prepared an ordinance effecting the proposed action; to provide for an election for the service area members to vote on the proposed abolishment. Mayor Rohrer closed the regular meeting and opened the public hearing. The following spoke under public hearing: Craig Johnson Randy Ensign Rick Macintosh James Johnson Alan Wolf Barbara Zimmerman Mayor Rohrer closed the public hearing convened the regular meeting. ROLL CALL VOTE ON MOTION FAILED SIX TO ONE: Turner (AYES); Arndt, Kavanaugh, Schroeder, Skinner, Smiley, and Symmons (NOES). Ordinance No. FY2019-13 Amending KIBC Title 2 Administration And Personnel, Chapter 2.20 Borough Mayor, Section 2.20.40 Duties To Alter The Procedure By Which Letters Are Signed By The Borough Mayor. SMILEY moved to adopt Ordinance No. FY2019-13. This ordinance was sponsored by Assembly member Smiley. At the regular meeting of December 20, 2018, the Assembly amended lines 45 to 47 of the ordinance (yellow highlighted text). It is necessary to amend the ordinance by substitution (green text) to eliminate text that became irrelevant due to the amendment made on December 20. Currently, KIBC 2.20.040 requires the Borough Mayor to obtain authorization from the Assembly for any written or electronic communication or base such communication on a good faith belief that the mayor is speaking on behalf of the assembly. The Assembly often receives requests for letters of support for various causes that are time sensitive in nature and require the Assembly to call a special meeting to approve the letters on time. It may be desirable for the Assembly to amend the code to allow more flexibility for letters that are routine or administrative in nature. ARDNT moved to amend Ordinance No. FY2019-13 by substitution. ROLL CALL VOTE ON MOTION TO AMEND FAILED TWO TO FOUR: Smiley and Arndt (AYES); Kavanaugh, Schroeder, Symmons, and Turner (NOES). Mayor Rohrer closed the regular meeting and opened the public hearing. The following spoke under public hearing: Mel Stephens Mayor Rohrer closed the public hearing convened the regular meeting. Kodiak Island Borough Assembly Regular Meeting Minutes January 3, 2019 Page 2 of 8 SYMMONS moved to postpone to the next regular meeting of the Assembly ROLL CALL VOTE TO POSTPONE FAILED ONE TO FIVE: Arndt (AYES); Schroeder, Smiley, Symmons, Turner, and Kavanaugh. ROLL CALL VOTE ON MAIN MOTION FAILED UNANIMOUSLY: Smiley, Symmons, Turner, Arndt, Kavanaugh, and Schroeder. 3. Ordinance No. FY2019-15 Amending KIBC 17.205 (Amendments And Changes) To Incorporate Procedures For Changing The Comprehensive Plan Future Land Use Designation For Approved Rezones That Are Not Consistent With The Assigned Comprehensive Plan Future Land Use Designation (P&Z Case No. 19-011). KAVANAUGH moved to adopt Ordinance No. FY2019-15. Previous procedures used to change Comprehensive Plan Future Land Use Designations (FLUDs) when the assigned designation of a parcel or parcels was inconsistent with a proposed rezone of the parcel or parcels have proven onerous. Those uncodified procedures resulted in a duplicate process that created unnecessary administrative burdens for the applicant, staff, Planning and Zoning Commission, and Borough Assembly. This ordinance eliminates those administrative burdens by automatically changing the FLUD of a parcel or parcels to a designation that is consistent with an approved corresponding rezone of the parcel or parcels. The Planning and Zoning Commission held a public hearing on the proposed ordinance at their November 14, 2018 Regular Meeting. After that public hearing, the Commission voted unanimously to recommend that the Borough Assembly approve the ordinance. Mayor Rohrer closed the regular meeting and opened the public hearing. Hearing and seeing none, Mayor Rohrer closed the public hearing convened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Turner, Arndt, Kavanaugh, Schroeder, and Smiley. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Met with staff regarding Otmeloi Project. Reviewed correspondence, MOA, paving and base issues. • Worked on various personnel issues including issues related to the Clerk's Office. • Participated in interviews for Assessing Technician and Deputy Clerk. Met with department heads to review interviews and applications. • Worked with staff and AMLJIA regarding a damage claim from involving a Borough tree on Shahafka Circle. • Tree issues at Shahafka Circle and Long -Term Care Facility and drainage issues in Bells Flats (Russian River, Lake Orbin culverts). • Attended Agenda Setting and disseminated information to staff on upcoming items. • Worked with staff regarding upcoming budget process (internal preparation of budgets, key items for February 16 "kick off') as well as information on school bond debt and school operations commitments of funding. Reviewed draft ordinance (Arndt) regarding Motor Vehicle funds. • Worked with HR on recruitment for new Clerk. Kodiak Island Borough Assembly Regular Meeting Minutes January 3, 2019 Page 3 of 8 MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer reported on the following: • Talked about Long Island easement • Otmeloi Way Project on the agenda. • Facilitated meeting with fisheries group. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2019-15 Lobbying Services with Hickey & Associates. ARDNT moved to authorize the Manager to execute contract No. FY2019-15 Lobbying Services with Hickey & Associates. The current contract for state lobbying services with Hickey and Associates expires 12/31/2018. The Assembly discussed options for future lobbying services at the November 29th work session and requested that staff work with Mark Hickey to draft a one-year renewal of the contact which is attached. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Arndt. Kavanaugh, Schroeder, Smiley, and Symmons. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2019-01B 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 ARNDT moved to advance Ordinance No. FY2019-01 B to public hearing at the next regular meeting of the Assembly. 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 530 - Municipal Solid Waste Disposal & Collection (Increase the Use of Fund Balance and Machinery and Equipment accounts by $78,200 due to unexpected purchases of a new membrane for the Leachate Treatment Plant) • Fund 300 - Debt Service (Increase the Use of Fund Balance and 2018 Interest accounts by $7,479.04 due to unbudgeted interest payment due on new financing) Kodiak Island Borough Assembly Regular Meeting Minutes January 3, 2019 Page 4 of 8 • Fund 240 - Womens Bay Road Service (decrease by up to $20,000 due to transfer of funds to Lake Orbin Culvert Replacement project) • Fund 220 Building & Grounds (decrease by $100,000 due to transfer of funds to the Borough Building Exterior Painting project) 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: • KMS Fire Alarm (reallocate $100,000 to KMS Boiler Replacement) • KMS Boiler Replacement (receiving $100,000 of reallocated funds from the KMS Fire Alarm) • Lake Orbin Culvert Replacement (receiving up to $20,000 from Fund 240 - Womens Bay Road Service) • Borough Building Exterior Painting (receiving $100,000 from Fund 220 - Building & Grounds) ARNDT moved to strike lines 32-33, lines 62-63 section 6, and rename section 7 to section 6. ROLL CALL VOTE ON MOTION TO STRIKE FAILED ONE TO FIVE: Arndt (AYES); Kavanaugh, Schroeder, Smiley, Symmons, and Turner (NOES). ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Smiley, Symmons, Turner, and Arndt. Other Items Confirmation Of A Mayoral Appointment to the Borough Seat On The Planning and Zoning Commission (Mr. Kent Cross). ARNDT moved to confirm the Mayoral appointment of Mr. Kent Cross to the Planning and Zoning Commission Borough seat for a term to expire December 2021. The following seats are vacant on the Planning and Zoning Commission: 1. Borough Seat to expire 2021 (vacated by Scott Ardnt) 2. Borough Seat to expire 2021 (vacated by Maria Painter) 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. Kodiak Island Borough Assembly Regular Meeting Minutes January 3, 2019 Page 5 of 8 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Smiley, Symmons, Turner, Arndt, and Kavanaugh. 2. Confirmation of Mayoral Appointment of One City Representative and One Borough Representative From the Planning and Zoning Commission to the Borough Lands Committee (Mr. Barry Altenhof and Mr. Dave Townsend). ARNDT moved to confirm the Mayoral appointments of Commissioner Barry Altenhof as the P&Z city representative and Commissioner Dave Townsend as the P&Z borough representative to the Lands Committee. There is created a borough lands committee consisting of the following voting members: the mayor, two assembly members, one representative from the Alaska Native Claims Settlement Act (ANCSA) Corporations in the Kodiak region, one borough representative from the planning and zoning commission, one city representative from the planning and zoning commission, and one at large member from the public. Members are appointed in accordance with KIBC 2.100.030 and shall meet the qualifications of KIBC 2.100.040. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Turner, Arndt, Kavanaugh, and Schroeder. 3. Contract No. FY2019-16 Employment Contract Between the Kodiak Island Borough Assembly and Michael Powers as Borough Manager. Clerk's Note: The motion is currently on the floor which is "move to approve Contract No. FY2019- 16 employment contract between the Kodiak Island Borough Assembly and Michael Powers as Borough Manager. The Manager's Contract No. FY2016-45 began in May 2016 and expires May 2019. One amendment exists which is Contract No. FY2016-45B. The Assembly and Manager have met to discuss the terms of a revised agreement. There are several changes from the current contract: 1. The term is proposed for revision. 2. The length of the severance pay for termination without cause. 3. Language change that makes the Manager subject to all personnel rules and to remove language that is no longer applicable from the first contract. The first two items (1&2) are still be negotiated. It was expressed that this negotiation would be completed during this meeting. The other terms of the agreement remain the same except as noted above. The change to reflect the Manager being subject to the Personnel rules is primarily a benefit to the Borough, although Bereavement Leave is a benefit to the Manager. Based upon the previous language, the Manager was not subject to a number of policies including the drug free work place requirement, conduct with the public, gross disobedience, etc. SMILEY moved to recess into executive session to discuss and negotiate the remaining terms of the employment contract of the Manager. The executive session is appropriate under KIBC 2.30.030(F)(1)(c) and (g) as matters discussed are pertaining to personnel and discussion in open session may tend to prejudice the reputation or character of the manager. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Kavanaugh, Schoeder, Smiley, Symmons, and Turner. Kodiak Island Borough Assembly Regular Meeting Minutes January 3, 2019 Page 6 of 8 SMILEY moved to invite the Borough Mayor, Assembly into executive session and bring the Borough Manager at a later time. VOICE ON MOTION CARRIED UNANIMOUSLY. Mayor Rohrer recessed the regular meeting and convened into executive session at 8:29 p.m. Mayor Rohrer recessed the executive session and reconvened the regular and announced that Assembly member Smiley will make an amendment. SMILEY moved to amend the Contract No. FY2019-16 to read "Section 2. Contract Term and Notice Requirements: This is an at -will contract spanning May 23, 2019 through May 22, 2021. At 12 months, May 22, 2020, the Assembly will decide on awarding a third year to the contract". ROLL CALL VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Smiley, Symmons, Turner, and Arndt. SMILEY moved to amend "Section 4. Separation of Employment and Severance Pay. The Borough shall pay to Manager a severance pay in an amount equal to 6 months' salary and benefits." ROLL CALL VOTE ON THE SECOND AMENDMENT CARRIED UNANIMOUSLY: Schroeder, Smiley, Symmons, Turner, Arndt, and Kavanaugh. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Smiley, Symmons, Turner, Arndt, Kavanaugh, and Schroeder. CITIZENS' COMMENTS The following spoke under citizens' comments: Jeff Stewart ASSEMBLY MEMBERS' COMMENTS Assembly member Summons thanked the Manager for his work and commended the Assembly. Assembly member Schroeder commented about tonight's meeting. Assembly member Turner said Happy New Year! Assembly member Arndt said Happy New Year and looking forward to working with everyone. Assembly member Smiley shared his experience with his dog during New Year's Eve and night. Assembly member Kavanaugh shared upcoming meetings in the community. Announcements Kodiak Island Borough Assembly Regular Meeting Minutes January 3, 2019 Page 7 of 8 The next Assembly work session is scheduled on Thursday, January 10, 2019, at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, January 17, 2019 at 6:30 p.m. in the Assembly Chambers. ADJOURNMENT ARDNT moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 10:24 p.m. A EST: el IM22 - OA'U� Nova M. Javier, MMC, Botough Clerk Kodiak Island Borough January 3, 2019 KODI f SLAND BOROUGH Daniel A. Rohrer, Mayor Approved on: March 7, 2019 Assembly Regular Meeting Minutes Page 8 of 8