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2018-09-20 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting September 20, 2018 A regular meeting of the Kodiak Island Borough Assembly was held on September 20, 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, Scott Smiley, Dennis Symmons, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Karen Siador. CROW moved to excuse Assembly members Skinner and Van Daele who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA SCHROEDER moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS The following spoke under citizens comments John Parker Mike Dolph Richard Carstens Paul Vandyke Rebecca Nelson Aaron Griffin Jeff Steward Scott Arndt Betty MacTavish Tina Fairbanks Craig Walton Dave Davis AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS Scott Arndt provided information about the Planning and Zoning Commission meeting that was held last night. Kodiak Island Borough Assembly Regular Meeting Minutes September 20, 2018 PUBLIC HEARING None. BOROUGH MANAGER'S REPORT • Met with various people regarding Bayside, Service Area 1 building issues. • Russian River Update (Leta St.) • Underground Storage Tank -Landfill • Chiniak Land Update and Tsunami Shelter/Community Center/Library progression. • Worked on oral presentation to the AMLJIA Board on our coverage hearing. • Worked with attorneys regarding Watterson-logistics and strategy. • Update about the Auditors. • Worked on GAP report. • Attorney Interviews updates. • September 24-Anchorage-AMLJIA appeal for denial of coverage. • September 26-28-Anchorage-Watterson Mediation. • November 11-Novermber 17-AML Conference MESSAGES FROM THE BOROUGH MAYOR • Attended Alaska Aerospace Corporation open house, town hall meeting, and board meeting. • Provided information regarding the AAC's long term planning process and adopted payment in lieu of taxes to the Kodiak Island Borough. 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 revising the motion on the floor to "move to authorize the Manager to execute Contract FY2018-32 contingent upon the draft of sub -leases to Service Area 1 for the storage of miscellaneous gear in the utility building and on the property." 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 was delayed following approval by Planning and Zoning because the Service Area 1 chairman purported that a utility building on the property is owned by Service Area 1 and should not be disposed of by lease to Fire Service Area 1. Historicallythe property that houses the Bayside Fire Department has been leased by Fire Service Area #1 (FSA1) 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. Kodiak Island Borough Assembly Regular Meeting Minutes September 20, 2018 Page 2 of 8 The utility building was constructed in 1986 and added by addendum to the Lakeside Subdivision Water and Sewer Expansion project, which installed water and sewer on Cliffside, Abercrombie, Parkside, and Otmeloi roads. It is unclear from construction plans what the need for the building was, but it has been speculated that the double -garage door utility building was necessary to house materials during construction. The utility building construction was a lump sum bid item and was funded with the State of Alaska and Kodiak Housing Authority monies that paid for construction of the water and sewer expansion. The Borough is referenced as the owner in the building permit. In 1996, the voters of Service Area 1 opted to return water and sewer service management, maintenance and facility ownership to the City of Kodiak. The transfer of operation of the water and sewer facilities included "all capital assets" to the City of Kodiak. Staffs interpretation of the transfer is that the utility building located on the Bayside Fire Department lot was included in that transfer. Staff has been unable to recover documentation demonstrating that the City formally declined to take possession of the utility building. Since transfer of the water and sewer facilities to the City of Kodiak, the City has not occupied, used, requested, improved, nor maintained the building. In absence of a formal document declining to take ownership, staff opines that full ownership responsibilities have reverted to Kodiak Island Borough. No documentation has been recovered to substantiate the claim that this building is functionally owned by Service Area 1, nor the City of Kodiak. Staff opines that the utility building is owned outright by the Kodiak Island Borough and may legally be leased or disposed of as the Assembly sees fit. The history of Service Area 1's use of the utility building is largely anecdotal, but ownership of the land in the Bayside Lease is quite clear. The original fire department property was expanded when Fire Protection Service Area 1 purchased the privately held parcels adjacent to the original fire hall lease lot. The purchase of this land was funded with FPSA1 funding, and FPSA1 is listed as the purchasing agent on the property transfer documents. At no time did Service Area 1 purchase, maintain, pay for improvements to, clear, or pay for removal of derelict "stuff' on the premises. There is no historical basis for the Service Area's use of 5000 square feet of the Bayside lot. Typically, Service Area Contractors are responsible for furnishing their own yards, and this cost is presumably built into the Road Service Contract. By virtue of its founding and operation, a Service Area cannot own property, but the Kodiak Island Borough, who ultimately empowers the service area, can own and lease real property. The Service Area 1 voted to re-establish the ENTIRE utility building as a storage facility at their March 28, 2018 meeting. There is a mechanism built into the current lease as -written that provides for the sub -lease of the premises with approval of Kodiak Island Borough. If the Assembly wishes to sublease Fire Department facilities to Service Area 1 or any other entity, section 19 SUBLETTING AND ASSIGNMENT outlines the appropriate way to do so. During a site visit on July 17, 2018, staff was unable to substantiate the claim that the Service Area currently stores any equipment, supplies, or otherwise within the utility building, though there were 4 supersacks of calcium chloride skidded on grade on the Fire Protection Area's property. Storage of equipment, supplies, chemicals, or other property on the Bayside Fire Property carries with it significant insurance, security, environmental, traffic, and hazardous materials risks. The multiple tenants within a single building significantly increases these risks. As part of consideration of the lease, the Assembly should deliberate the matter raised by Service Area 1 and provide clear direction regarding the matter. Kodiak Island Borough Assembly Regular Meeting Minutes September 20, 2018 Page 3 of 8 SMILEY moved to postpone Contract No. FY2018-32 to the November 1, 2018 meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED: Crow, Kavanaugh, Schroeder, and Smiley. 2. Waiving of the Confidentiality of the Attorney -Client Privileged Legal Opinion Relating to Compelling Alaska Aerospace Corporation to Comply with Borough Land Use Ordinances with Respect to its Development of the Pacific Spaceport Complex - Alaska. The motion is on the floor which is to "waive the Confidentiality of the Attorney -Client Privileged Legal Opinion Relating to Compelling Alaska Aerospace Corporation to Comply with Borough Land Use Ordinances with Respect to its Development of the Pacific Spaceport Complex - Alaska." This item was request by Assembly member Kavanaugh, Van Daele and Symmons. It was originally presented to the Assembly at a special meeting on August 28, 2018. The Assembly convened into executive session and coming out of executive session decided to postpone action until this meeting. KAVANAUGH moved to convene into executive session regarding the waiver of the privilege as it relates to the Borough's legal strategy for compelling Alaska Aerospace Corporation compliance with the Borough land use ordinances regarding the Pacific Spaceport Complex — Alaska ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Kavanaugh, Schroeder, Smiley, Symmons (AYES); Crow (NO). KAVANAUGH moved to invite the Borough Mayor, Assembly, Borough Manager, and Borough Clerk's Staff into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Mayor Rohrer recessed the regular meeting and convened the executive session at 7:54 p.m. Upon returning from the executive session at 8:23 p.m., Mayor Rohrer reconvened the regular meeting and asked the Borough Clerk to take the roll call vote. ROLL CALL VOTE ON MOTION FAILED THREE TO TWO: Schroeder, Symmons, and Crow (AYES); Smiley, and Kavanaugh (NOES). NEW BUSINESS Contracts 1. Contract No. FY2019-05 Service Contract with the City of Kodiak for Building Permit Services. Kodiak Island Borough Assembly Regular Meeting Minutes September 20, 2018 Page 4 of 8 SMILEY moved to approve Contract No. FY2019-05 between the Kodiak Island Borough and the City of Kodiak for the provision of building permit and inspection services. 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. SMILEY moved to postpone Contract No. FY2018-32 to the November 1, 2018 meeting of the Assembly. ROLL CALL VOTE ON MOTION CARRRIED FOUR TO ONE: Symmons, Crow, Schroeder, and Smiley (AYES); Kavanaugh (NO). 2. Contract No. FY2019-06 Service Agreement with the City of Kodiak to Provide for Animal Control Services. SMILEY moved to approve Contract No. FY2019-06 between the Kodiak Island Borough and the City of Kodiak for the provision of animal control services to the Borough. Kodiak Island Borough (Borough) has contracted with the City of Kodiak (City) for animal control services. The proposed agreement is for two (2) years with the first -year costs $115,800 and the second -year costs increasing to $118,700. The other terms of this Agreement mirror past service agreements. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Kavanaugh, Schroeder, Smiley, and Symmons. 3. Contract No. FY2019-07 E911 Funding Agreement. SMILEY moved to approve Contract No. FY2019-07 between the Kodiak Island Borough and the City of Kodiak for the provision of a telephone surcharge to be used for funding of the E911 system. The City of Kodiak operates an "911" and non -emergency dispatch center (Public Safety Access Point). Federal and State law permit a surcharge on telephonic (land lines and cellular) users to help fund the costs. The Borough, for a number of years, charged $0.35 (35 cents), but recently increased the surcharge to $2.00 (two dollars) at the request of the City to help fund and operate an improved system. As part of the discussion, it became clear that not only was the agreement out of date, but additional terms to address reviewing expenditures were necessary. Borough and City staff have worked to revise the agreement to address these issues. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Kavanaugh, Schroeder, Smiley, and Crow (AYES); Symmons (NO). Kodiak Island Borough Assembly Regular Meeting Minutes September 20, 2018 Page 5 of 8 Resolutions None. Ordinances for Introduction None. Other Items 1. Approval of the October 2, 2018 Regular Municipal Election Workers. SMILEY moved to appoint the election officials in each precinct for the upcoming Municipal Election as listed in the memo submitted by the Borough Clerk. Per KIBC 7.30.010 Election Officials, the assembly shall appoint at least three election officials in each precinct to constitute the election board of that precinct. The clerk is the election supervisor. One election official shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The clerk may appoint additional election officials at any polling place where they are needed to conduct an orderly election and to relieve other election officials of undue hardship. It would be impossible to conduct the elections without the dedication and skills of the 60 plus volunteers listed in the memo before the Assembly. The election judges and clerks, receiving team, and canvas board deserve appreciation for their commitment to the voters of the Kodiak Island Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Smiley, Symmons, Crow, and Kavanaugh. 2. Declaring A Seat Vacant On The Monashka Bay Service Area Board (Mr. Randy Spivey). SMILEY moved to declare the seat held by Mr. Randy Spivey on the Monashka Bay Service Area Board for a term to expire December 2019 vacant and direct the Clerk to advertise the vacancy per Borough Code. Engineering and Facilities was notified by Mr. Thomas Lance that Mr. Spivey moved to Washington. Currently, the Board has only two members and two seats are included in the ballot for the upcoming local election. Kodiak Island Borough Code states: 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; Kodiak Island Borough Assembly Regular Meeting Minutes September 20, 2018 Page 6 of 8 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: Smiley, Symmons, Crow, Kavanaugh, and Schroeder. 3. Confirmation Of Mayoral Appointment To The Architectural Review Board (Mr. Dennis Hunt). SMILEY moved to confirm the mayoral appointment of Mr. Dennis Hunt to the Architectural/Engineering Review Board for a term to expire 2019. There are 2 vacant seats to this Board and Mr. Hunt is the only applicant. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, Kavanaugh, Schroeder, and Smiley. CITIZENS' COMMENTS The following spoke under citizens comments: Jeff Stewart Betty MacTavish ASSEMBLY MEMBERS' COMMENTS Assembly member Symmons thanked the public for coming to the meetings. Assembly member Crow spoke about his term ending this October, the soil contamination issue and school closures. He also voiced out his support to the Kodiak Regional Aquaculture Association. Assembly member Schroeder gave a shout out to the Election Workers and thanked the Clerk's Office staff. He also gave some updates about his day job regarding environmental issues and spoke about the outgoing and incoming Assembly members. Assembly member Kavanaugh spoke about upcoming Board of Fish and Kodiak Rodeo and State Fair Association meetings. Assembly member Smiley thanked the Borough Clerk's Office staff and the election workers for doing a great job. Announcements The next Assembly work session is scheduled on Thursday, September 27, 2018 at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, October 4, 2018 at 6:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Regular Meeting Minutes September 20, 2018 Page 7 of 8 The Notice of Public Meetings and assembly meeting agendas are available on the KIB website, posted on the KIB Facebook page, and are also posted at the library, Safeway, and Borough building. For those who do not have internet, you may call the Borough meeting notification line at 486-9315. The Local Municipal Absentee -In -Person voting is now available in the Clerk's Office from 8 a.m. to 5 p.m. Monday to Friday until October 1. The Municipal Elections will be on Tuesday, October 2, 2018. Polling hours are from 7 a.m. to 8 p.m. If you have any questions regarding the Municipal Elections, please call the Clerk's Office at 486-9310. ADJOURNMENT KAVANAUGH moved to adjourn the meeting VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 10:02 p.m. ATT ST: Nova M. Javier, MMC, B�rough Clerk Kodiak Island Borough September 20, 2018 KODIA SL ND BOROUGH Daniel A. Rohrer, Mayor Approved on: October 18, 2018 Assembly Regular Meeting Minutes Page 8 of 8