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2021-06-03 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting Bayside Volunteer Fire Department - 4606 East Rezanof Drive June 3, 2021 A regular meeting of the Kodiak Island Borough Assembly was held on June 3, 2021, in the Bayside Volunteer Fire Department - 4606 East Rezanof Drive. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Roberts led the Pledge of Allegiance. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Duane Dvorak, Julie Kavanaugh, Geoffrey Smith, Dennis Symmons, James Turner, and Aimee Williams. Also present were Borough Manager Michael Powers, Borough Clerk Alise Rice, Deputy Clerk Lina Cruz, and Assistant Clerk Mitchell Davidson. APPROVAL OF AGENDA. ARNDT moved to approve the agenda. DVORAK moved to amend the agenda to swap the locations of items 9.A. & 9.13. ROLL CALL VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Smith, Symmons, Turner, and Williams. KAVANAUGH moved to amend the agenda to add item 13.D.2. Releasing The Legal Opinion Of An Assembly Member And KIBSD Employment. ROLL CALL VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Smith, Symmons, Turner, Williams, and Arndt. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Smith, Symmons, Turner, Williams, Arndt, and Dvorak. CITIZENS' COMMENTS The following spoke under citizens comments: • Paul VanDyke • Daniela Beltran AWARDS AND PRESENTATIONS Mayor Roberts presented Certificate of Recognition - Local Salvation Army. In 1954, the first National Salvation Army week was declared by the U.S. Congress and proclaimed by President Dwight D. Eisenhower as a reminder to Americans to give freely of themselves in service to others. The Salvation Army members continue their compassionate tradition of helping wherever there is hunger, disease, destitution, and spiritual need and provides for those in the most need without discrimination. Kodiak Island Borough Assembly Regular Meeting Minutes June 3, 2021 Page 1 of 8 The Salvation Army has one agenda: to meet human need without discrimination. Assist approximately 23 million Americans annually, serve in 130 countries around the globe; and over 1.5 million members consisting of officers, soldiers, and adherents. The Salvation Army should be commended for its selfless dedication to helping meet the physical and spiritual needs of people across Alaska. COMMITTEE REPORTS • None PUBLIC HEARING A. Ordinance No. FY2022-01 Receiving The 2021 Certified Real And Personal Property Tax Roll, Levying Ad Valorem Property Taxes For Tax Year 2021 Consisting Of An Areawide Tax, Women's Bay Fire Area Tax, A Women's Bay Road Service Area Tax, A Bay View Road Service Area Tax, A Tax In Fire Protection Service Area No. 1, A Monashka Bay Road Service Area Tax, A Tax In Service Area No. 1 Roads, A Woodland Acres Street Light Service Area, A Tax In The Service Area No. 2, A Tax In The KIB Airport Fire Service Area, A Tax In The Trinity Islands Street Light Service Area, And A Tax In The Mission Lake Tide Gate Service Area; Levying Commercial Aircraft Tax Providing For The Collection Of Taxes Due In 2021; And Setting The Date When Taxes Become Delinquent. ARNDT moved to adopt Ordinance No. FY2022-01 Update - May 28, 2021 In February 2001, KIB Airport Fire Service Area and Womens Bay Fire Area entered into a Fire Protection Agreement. Within the agreement, Womens Bay agrees to provide fire protection services to the KIB Airport Fire Service Area in exchange for the total amount of taxes collected in the prior fiscal year. Due to the Maximum Allowable Tax Revenue (MATR) calculation in FY21, the KIB Airport Fire Service Area mill rate was reduced from 1.25 to 1.22. Now that MATR calculations do not apply to service areas, the Womens Bay Fire Area Board has requested the mill rate rate for the KIB Airport Fire Service Area be restored to the previous rate of 1.25 which is the same rate Womens Bay Fire Area residents pay for their service. Update May 21, 2021 Added the mill rate for the Education Fund per Resolution FY2022-01. Update - May 12, 2021 The Levy was certified on May 12, 2021, by the Assessing Department - final taxable assessed value is $1,494,747,221. Update - April 26, 2021 The estimated taxable valuation has been reduced to $1,488,327,232. As of April 19, 2021, the taxable valuation totals are estimated at $1,510,416,932. The Assessing Department will not certify until after the Board of Equalization certifies its action to the assessor later in May 2021. Mayor Roberts opened the public hearing CITIZENS' COMMENTS Kodiak Island Borough Assembly Regular Meeting Minutes June 3, 2021 Page 2 of 8 The following spoke under citizens' comments: • Patrick O'Donnell Mayor Roberts closed the public hearing and reconvened the regular meeting. Arndt moved to substitute with Version 2.1. ROLL CALL VOTE ON THE AMENDMENT BY SUBSTITUTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Smith, Symmons, Turner, Williams, and Arndt. B. Ordinance No. FY2022-02 Adopting The Budget For Fiscal Year 2022 And Appropriating From All Borough Funds. DVORAK moved to adopt Ordinance No. FY2022-02. Update 5/24/21 The Education Support Fund amount has been updated with the amount approved in Resolution FY22-01 Original (Borough Manager Powers' Budget) The FY2022 Borough budget, as offered for introduction, is a balanced budget. Meaning that proposed expenditures do not exceed anticipated revenues and planned use of fund balance. The resolution required by Alaska Statute 29.45.240 forthe levy of taxes will be done as ordinance FY2022-01 per KIBC 3.25.010. The ordinance will be considered at the Assembly's May 20, 2021 regular meeting and is set for public hearing on June 3, 2021. Mayor Roberts opened the public hearing. CITIZENS' COMMENTS The following spoke under citizens' comments: • Mary Forbes • William Bethea • Emily Tiller • Amy Durand • Gamma Durado • Nick Szabo • Catrina Figola • Kodiak College Advisory Council • Sara Woods • Lisa Johnson • Lewis Watkins • Melissa Austin • Ginny Shank • Kim Saunders • Jacelyn Keyes • Brian Himmelbloom • Penny Lampl Mayor Roberts closed the public hearing and reconvened the regular meeting. Kodiak Island Borough Assembly Regular Meeting Minutes June 3, 2021 Page 3 of 8 DVORAK moved to substitute with Version 3.1. ARNDT moved to substitute the amendment by substitution with Version 2.1 ROLL CALL VOTE ON THE AMENDMENT TO THE AMENDMENT CARRIED FOUR TO THREE: Turner, Williams, Arndt, and Symmons (AYES); Dvorak, Kavanaugh, and Smith (NOES). ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FOUR TO THREE: Symmons, Turner, Williams, and Arndt (AYES); Dvorak, Kavanaugh, and Smith. C. Application For Package Store License, Bells Flats Little Store LLC. ARNDT moved to voice non protest. On April 20, 2021, the Kodiak Island Borough Clerk's Office received notification regarding the attached license application for a new package store liquor license for Bells Flats Little Store LLC. To protest the approval of this application(s), pursuant to 3 AAC 306.060, KIB must furnish the AMCO director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of the notice (by May 10, 2021) and provide AMCO proof of service of the protest upon the applicant. To summarize, the Clerk's Office followed KIBC 5.01.030 and checked with the borough department directors including the building official and Fire Marshal to determine if there was an interest which can be protested with the approval of the said license issuance, none was reported. The forms distributed to the departments are included in this packet. Notice of public hearing was advertised in the newspaper on May 28, 2021. Public hearing notices were mailed out on April 29, 2021, to those property owners with in the 1,500 radius. Three no protest letters were received from the property owners. Mayor Roberts opened the public hearing. CITIZENS' COMMENTS The following spoke under citizens' comments: • Sawyer Bevis Mayor Roberts closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Smith, Symmons, Turner, Williams, Arndt, and Dvorak. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Budget: Spent the majority of the past two weeks on budgets. Worked on May 20th Directive and presented to the Assembly. Worked with Assembly Members on a proposed budget as well as answered questions regarding various budget scenarios. Reviewed proposed amendments to the Budget Ordinance. • Transition Plan: Began working on drafting a Transition Plan for the Assembly. Responded to media inquiry regarding the Transition Plan. • Finance: Discussed outcome of bond refunding. Discussed and reviewed year end close out. Kodiak Island Borough Assembly Regular Meeting Minutes June 3, 2021 Page 4 of 8 • Personnel: Worked with staff on various personnel actions including separations, recruitments and exit interviews. Reviewed potential impacts to personnel from the various budget proposals the Assembly is considering. • Upcoming: Will be taking time off in July. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts reported on the following: • Budget -I spent the majority of the past two weeks on budgets. Worked on May 20th Directive and presented to the Assembly. Worked with Assembly Members on a proposed budget as well as answered questions regarding various budget scenarios. Reviewed proposed amendments to the Budget Ordinance. • Transition Plan -began working on drafting a Transition Plan for the Assembly. Responded to media inquiry regarding the Transition Plan. • Finance -Discussed outcome of bond refunding. Discussed and reviewed year end close out. • Personnel -Worked with staff on various personnel actions including separations, recruitments and exit interviews. Reviewed potential impacts to personnel from the various budget proposals the Assembly is considering. UPCOMING EVENTS AND TRAVEL • No Borough related travel planned at this time. • Will be taking time off in July. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS • None CONSIDERATION OF CALENDAR - NEW BUSINESS 1. Contract No. FY2021-31 Facility Heating Fuel Oil And Highway Fuel For Kodiak Island Borough Facilities And Vehicles With Petro Star Inc. dba North Pacific Fuel. ARNDT moved to authorize the Manager to execute Contract No. FY2021-31 Facility Heating Fuel Oil and Highway Fuel for Kodiak Island Borough Facilities and Vehicles with Petro Star Inc. dba North Pacific Fuel. The Kodiak Island Borough School District in cooperation with the Kodiak Island Borough have advertised and received bids for FY2022 Heating Fuel and Highway Fuel. The bids include #1 and #2 Heating Fuel and #2 low sulfur equipment fuel. The completed bid packages have been received by the district and forwarded to the KIB Staff for review and recommendation to the Assembly for consideration and approval. The KIBSD Board has approved the contract award for the school district at their last regular meeting. Contract start date is July 1, 2021. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Symmons, Turner, Williams, Arndt, Dvorak, and Kavanaugh. Kodiak Island Borough Assembly Regular Meeting Minutes June 3, 2021 Page 5 of 8 Resolutions 1. Resolution No. FY2021-38 Rescinding Resolution No. FY2018-21 And Documenting The Kodiak Fisheries Work Group's Scope And Authority. ARNDT move to approve Resolution No. FY2021-38. During the Joint Work Session on March 3, 2021, it was discussed and decided to update the resolution for the Kodiak Fisheries Work Group to remove the Fisheries Analyst/Consultant and change the meeting requirement to allow for more flexibility during fishing seasons. The City of Kodiak adopted Resolution No. 2021-11 at their regular meeting on March 25, 2021. There has been confusion as to where this direction came from. Audio from the JWS on March 3, 2021, has been transcribed for clarification of the action taken by the City and the Borough Clerk. ROLL CALL VOTE ON THE MOTION FAILED ONE TO SIX: Arndt (AYE); Symmons, Turner, Williams, Dvorak, Kavanaugh, and Smith (NOES). ARNDT moved to extend the meeting to 11:00 p.m. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 2. Resolution No. FY2021-39 Authorization For The Borough Clerk To Dispose Of Certain Kodiak Island Borough Records. ARNDT moved to approve Resolution No. FY2021-39 and hold certain records requested for an extended period of time. On an annual basis the Clerk pulls records that have reached the end of the retention period. These records are reviewed by the Clerk, Department Directors, and the attorney for approval. Attached are the Department Directors permissions and the approval and recommendation letter from the attorney. A time extension has been requested for certain records. Currently the retention for agenda packets are 15 years, and the agenda itself is permanent. The Clerk's Office has had projects where we have had to go back and do research beyond 15 years. Because the supporting documentation in the packet had expired it was difficult to obtain important information. On the revised retention schedule (current project of the Clerk) a 20-year agenda packet retention is recommended. Kodiak Island Borough Code Title 2 Administration and Personnel, Chapter 2.40 Records Management KIBC 2.40.160 Disposal of records. A. Any records to be destroyed shall be reviewed and approved by the department head and clerk and signed off by the attorney. B. The assembly, by resolution, shall authorize the disposal of the records to be destroyed. C. The resolution authorizing the disposal of records shall provide for the destruction of records of the borough which have been found not to be of historical interest nor to have a legal or administrative value; permanent but nonhistorical and have been microfilmed; Kodiak Island Borough Assembly Regular Meeting Minutes June 3, 2021 Page 6 of 8 or not of a historical, legal, or administrative value. Records may also be disposed of by returning them to the original owner. D. The clerk shall dispose of the records to be destroyed in a manner determined to be appropriate. E. Upon disposal, the clerk shall file in the clerk's office, a descriptive list of the records disposed of and microfilmed. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, Dvorak, Kavanaugh, Smith, and Symmons. ORDINANCES FOR INTRODUCTION OTHER ITEMS Confirmation Of Board Appointments To The City Of Kodiak And Kodiak Island Borough Cooperative Relations Committee. ARNDT moved to confirm the following to the City of Kodiak and Kodiak Island Borough Cooperative Relations Committee: • Assembly Member Julie Kavanaugh • Assembly Member Geoffrey Smith • Assembly Member Aimee Williams ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Dvorak, Kavanaugh, Smith, Symmons, and Turner. 2. Releasing the Legal Opinion On Assembly Member, KIBSD Employment. KAVANAUGH moved to release the borough attorney's legal opinion on assembly member, KIBSD employment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Smith, Symmons, Turner, and Williams. CITIZENS' COMMENTS • None. ASSEMBLY MEMBER' COMMENTS • Assembly member Arndt voiced thanks for citizen attendance and for staff assistance. • Assembly member Dvorak had no comment. • Assembly member Symmons shared his appreciation for his fellow assembly members. • Assembly member Kavanaugh relayed that the North Pacific Fisheries Council meets on Thursday, and that she will be absent the week of June 201n • Assembly member Turner expressed his appreciation for public comment. He relayed that bottom trawl fisheries had closed, which would have negative impacts on the Kodiak economy. He also reported on the economic impacts of restricted imports of fish to China. • Assembly member Smith expressed his thanks to staff and his thanks to the public for engaging with the process. • Assembly member Williams thanked staff. ADJOURNMENT Kodiak Island Borough Assembly Regular Meeting Minutes June 3, 2021 Page 7 of 8 ARNDT moved to adjourn the meeting. Q`Q��S�-ANC O'Q VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting adjourned at 10:44 p.m. Y C Li KODIAK ISLAND BO H 9�'9S/�g19�3 MiarKkobt6s, ayor Alise L. Rice, rough Clerk Kodiak Island Borough Assembly Regular Meeting Minutes June 3, 2021 Page 8 of 8