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2019-03-21 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting March 21, 2019 A regular meeting of the Kodiak Island Borough Assembly was held on March 21, 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. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Scott Arndt, Julie Kavanaugh, Andrew Schroeder, James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, Borough Clerk Tara Welinsky and Deputy Clerk Alise Rice. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda and the consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES The special meeting minutes of March 4, 2019 was approved under consent agenda. CITIZENS' COMMENTS The following spoke under citizens': • Brian Daily • Brian Horn • Tom Lamb • Jeff Stewart AWARDS AND PRESENTATIONS Thank you and farewell to Borough Clerk Nova Javier. COMMITTEE REPORTS Assembly Member Smiley gave a report on the Kodiak Fisheries Work Group meeting held on March 20, 2019. Received a quarterly budget presentation from Finance Director, Dora Cross. PUBLIC HEARING 1. Ordinance No. FY2019-16 Amending Chapter 3.60 Motor Vehicle Registration Tax Section 3.60.020 Allocation. ARNDT moved to adopt Ordinance No. FY2019-16. Kodiak Island Borough Assembly Regular Meeting Minutes March 21, 2019 Page 1 of 7 This Ordinance was sponsored by Assembly member Arndt. The purpose of this ordinance change is to avoid confusion when it comes to passing the school district budget at the public meeting. The funding derived will be allocated to school general obligation bond debt payments as opposed to allocating it to the area wide school system. ARNDT moved to amend Ordinance No. FY2019-16 by substitution of version 2. KAVANAUGH moved to amend Ordinance No. FY2019-16 by substitution of version 3. SCHROEDER moved to amend Ordinance No. FY2019-16 by insertion of lines 20-27 to version 3. ROLL CALL VOTE ON MOTION TO INSERT LINES 20-27 TO VERSION 3 FAILED ONE TO SIX: Arndt (AYE); Schroeder, Skinner, Smiley, Symmons, Turner, and Kavanaugh (NOES); ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION OF VERSION 2 CARRIED FIVE TO TWO: Kavanaugh, Schroeder, Skinner, Smiley, and Symmons (AYES); Turner and Arndt, (NOES). ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION OF VERSION 3 CARRIED FOUR TO THREE: Arndt, Schroeder, Smiley, and Turner (AYES); Kavanaugh, Skinner, and Symmons (NOES). Mayor Rohrer opened the public hearing. The following spoke under citizens': • Jeff Stewart Mayor Rohrer closed the public hearing and convened the regular meeting. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED SIX TO ONE: Arndt, Kavanaugh, Schroeder, Skinner, Smiley, and Symmons (AYES); Turner (NOES). 2. Ordinance FY2019-18 Establishing A Commercial Passenger Vessel Excise Tax Fund. SKINNER moved to adopt Ordinance No. FY2019-18. Currently, the commercial passenger vessel (CPV) excise tax revenues that the Borough receives from the State of Alaska were deposited into the special revenue Tourism Development Fund. This fund also received transient accommodation excise tax revenues. With recent court cases restricting the use of CPV revenues, it was staffs desire to minimize the risk of future legal problems by segregating these funds into their own special revenue fund. This would ensure that the specific use of the funds could be tracked and accounted for. Kodiak Island Borough Assembly Regular Meeting Minutes March 21, 2019 Page 2 of 7 Mayor Rohrer opened the public hearing. Seeing and hearing none, Mayor Rohrer closed the public hearing and convened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Turner, Arndt, Kavanaugh, Schroeder, and Skinner. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Bayside Fire Protection received a $5,000 grant for wood land and urban fire equipment, there is 10% that they will fund. • Touched base with Mark Hickey in Juneau. • Conducted negotiation with the IBEW Union, reviewed additional relevant information. • Held discussions with staff about budget items including Engineering and Facilities, General Fund Revenue, and other related topics. • Participated in Emergency Management Call Out Drill. • Borough Offices will be closed for Seward's Day on March 25, 2019. MESSAGES FROM THE BOROUGH MAYOR Borough Mayor Rohrer reported on the following: • Thanked Tara Welinsky for accepting the Borough Clerk position and expressed gratitude for her willingness to move within six days after the job offer to Alaska from Rhode Island. • Thanked Assembly member Skinner for acting in his absence while he was in Hawaii with his family. • Thanked staff for being flexible with re -scheduling agenda setting UNFINISHED BUSINESS 1. Approval of the FY2020 Nonprofit Funding Application Form. The motion is already on the floor which was "Move to approve the FY2020 Nonprofit Funding Application Form." At the last meeting of the Assembly, this was postponed to this meeting. Staff had made revisions to the application form based on the discussion and recommendations of the Assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Symmons, Turner, Arndt, Kavanaugh, Schroeder, Skinner, and Smiley. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2019-22 Approving The Native Village of Karluk And The Karluk IRA Tribal Council As An Unincorporated Community For Participation In The FY2020 Kodiak Island Borough Assembly Regular Meeting Minutes March 21, 2019 Page 3 of 7 Community Assistance Program. SKINNER moved to Adopt Resolution No. FY2019-22. This resolution identified the Native Village of Karluk as an unincorporated community that met the Community Assistance Program eligibility criteria established under AS 29.60.865 - AS 29- 60-879 and 3 AAC 180.110. The Native Village of Karluk had 25 residents or more. The Karluk IRA Tribal Council provided fire protection, emergency medical, water and sewer, solid waste management, public road or ice road maintenance and public health services. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Kavanaugh, Schroeder, Skinner, Smiley and Symmons. 2. Resolution No. FY2019-23 Authorizing The Manager To Submit An Application To The Alaska Department Of Transportation And Public Facilities For Use Of Community Transportation Program Funds For The Otmeloi Way Reconstruction Project And Authorizing The Manager To Sign Associated Project Agreements. SKINNER moved to adopt Resolution No. FY2019-23. This item was requested by the Mayor and Deputy Presiding Officer based on discussion at the last work session of the Assembly. This resolution was required for the submission of an application for Community Transportation Program funds administered by the Alaska Department of Transportation and Public Facilities. SKINNER moved to review subject prior to approval of the Assembly. ARNDT moved to postpone to April 4, 2019 regular meeting. ROLL CALL VOTE ON THE MOTION TO POSTPONE FAILED TWO TO FIVE: Arndt and Symmons (AYES); Kavanaugh, Schroeder, Skinner, Smiley and Turner (NOES). ROLL CALL VOTE ON THE MOTION TO REVIEW THE SUBJECT CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Smiley, Symmons, Turner and Arndt. ROLL CALL VOTE ON THE MAIN MOTION CARRED FOUR TO THREE: Schroeder, Skinner, Smiley, and Turner (AYES); Symmons, Arndt, and Kavanaugh (NOES). Ordinances for Introduction 1. Ordinance No. FY2019-06 To Rezone Lots 1 Through 3,4A, 6 Through 11, Tract B, And Tract C, Cliff Point Estates Oceanfront Addition No.1 Subdivision and Lots 12 Through 34, Cliff Point Estates, Oceanfront Addition No. 2 Subdivision from C - Conservation District to RR2-Rural Residential Two District (P&Z Case No. 19-017). ARNDT moved to advance Ordinance No. FY2019-06 to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Assembly Regular Meeting Minutes March 21, 2019 Page 4 of 7 This was a request to rezone a large area of land within the Cliff Point Estates Subdivision. The applicant wished to rezone the land from C -Conservation, which required lot sizes of five acres or more to RR2-Rural Residential Two, which required relatively smaller lot sizes of two acres or more. ROLL CALL VOTE ON MOTION CARRIED UNANIOUMIOUSLY: Skinner, Smiley, Symmons Turner, Arndt, Kavanaugh, and Schroeder, Other Items Letter Of Non -Objection For The Addition Of 50 Routes To The Sun'aq Tribal Transportation Program Route List. ARDNT moved to authorize the manager to issue a letter of non -objection adding 50 KIB routes to Sun'aq's TTP. The Tribal Transportation Program was a federal program by which tribal entities, in this case, Sun'aq Tribe of Kodiak (STK), can improve, construct, or maintain roads and infrastructure serving tribal transportation needs. STK does not independently own, operate, nor maintain any tribal roads so they have asked to include Borough -owned roads on their Tribal Transportation Route Inventory List. In order to develop a route inventory, the tribe must get a formal acceptance from the right of way owner allowing inclusion of the road on the TTP list. Resolution No. FY2018-19 (attached) was passed on January 18, 2018 and showed KIB Assembly support for the TTP program. The item before you indicated Kodiak Island Borough's continued support for the program and non -objection to the inclusion of the listed roads in the STK's TTP, and directed the Manager to sign a letter of nob -objection to inclusion of the proposed roads. It further directed the Manager to sign a maintenance agreement accepting funds from STK's TTP to put them towards projects in compliance with Federal Regulations under 25 CFR Part 170. There are no financial obligation on the part of KIB except that funding passed along to KIB by STK must be used on Inventory Roads. Previously, all roads included in the inventory were Service Area 1 roads, so all funding was directed to SA1. Annual funding was $7500. The recipient (SA1) was responsible for tracking use of that funding in case the Bureau of Indian Affairs were to ask for an accounting of TTP Funding. With the proposed addition of roads there would be many routes on the inventory that were outside of Service Area 1. Staff recommended that the Engineering and Facilities Department be tasked with identifying maintenance projects for TTP funding and administer funds for completion of maintenance projects. I have attached a proposed Letter of Non -Objection for the Manager's Signature, as well as a proposed Management Agreement from the Sun'aq Tribe. Roads Currently Listed on the TTP Include: Spruce Cape Road, Harry Neilsen Ave, Eli Waseli Circle, Sut Larsen, Lilly Drive, Antone Way, Selief, Eider Street, Sunset Drive, Woodland Drive, Seabreeze Circle, Puffin Drive, Sharatin Road, Carroll Way, Katmai Drive, Perenosa Trails, Island Lake Creek Trail. Proposed additions: Monashka Circle, Marmot Drive, Ridge Circle, Island Circle, Harbor Way, Three Sisters Way, Spruce Circle, Forrest Drive, Mountain View Drive, Beaver Lake Loop, Parkside Drive, Cliffside Drive, Mallard Way, Ed's Way, Ocean Drive, Shoreline Drive, Gull Drive, Auk Circle, Shearwater Kodiak Island Borough Assembly Regular Meeting Minutes March 21, 2019 Page 5 of 7 Way, Curlew Way, Teal Way, Patrick Court, Seaquail Way, Harlequin Court, Perez Way, Sitkinak Drive, Chirikof Circle, Tugidak Court, Beaver Lake Drive, Saint Elias Court, Augustine Court, Denali Court, Arctic Tern Street, Kittiwake Street, Ptarmigan Pass Street, Scout Circle, Raven Circle, Cove Drive, Shahafka Circle, Holland Circle, Viewcrest Lane, Devils Prongs Road, Anderson Way, Givens Street, L Street, Bayview Drive, Wolverine Way, Bay Circle, Monashka Way, Melnitsa Lane ROLL CALL VOTE ON MOTION CARRIED UNANIOUMIOUSLY: Smiley, Symmons Turner, Arndt, Kavanaugh, Schroeder and Skinner. CITIZENS' COMMENTS The following spoke under citizens' comments: • Jeff Stewart ASSEMBLY MEMBERS'COMMENTS Assembly member Turner had no comment. Assembly member Arndt spoke about a draft ordinance he was working on regarding additional dwelling units. He also addressed moving the ordinance for Severance Tax and setting an enterprise fund regarding the Research Court Apartments forward. Assembly member Kavanaugh commented that we need a better sound system for work sessions. It was learned at the Fisheries Work Group Meeting that all seven members of the Board of Fish may potentially be replaced by the Governor in the next 12-14 months. Assembly member Symmons urged members to stay positive and support Legislature. Assembly member Schroeder spoke about the Governor's budget. He recommends that the Assembly take action to send a message that this is hurting Alaskan communities. He also recommends investing more aggressively. Assembly member Smiley had no comment. Assembly member Skinner spoke about the Severance Tax and its relationship to the mill rate. She also spoke about tax cap calculations and how they would impact the next fiscal year. EXECUTIVE SESSION 1. Matters Involving Negotiations With the IBEW SKINNER moved to convene into executive session to discuss matters involving negotiations with the IBEW which qualifies for executive session per KIBC 2.30.030(F.1.d) matters involving negotiations with labor organizations representing borough employees. Kodiak Island Borough Assembly Regular Meeting Minutes March 21, 2019 Page 6 of 7 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Symmons, Turner, Arndt, Kavanaugh, Schroeder, Skinner, and Smiley. SKINNER moved to invite the Mayor, Assembly, Manager, Finance Director, and the Borough Clerk's staff into executive session. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting at 9:38 p.m. and convened the executive session. Upon returning from the executive session at 10:03 p.m., Mayor Rohrer reconvened the regular meeting and announced no action was taken as result of the executive session. ADJOURNMENT ARNDT moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. This meeting was adjourned at 10:04 p.m. EST: ra Weli y, Borough CI "r Kodiak Island Borough March 21, 2019 KODIA ,ISLAND BOROUGH Daniel A. Rohrer, Mayor Approved on: Assembly Regular Meeting Minutes Page 7 of 7