07/21/2016 Regular MeetingAssemoi;L-�Iar HfUeURS
July 21, 2016
A regular imeeting of the Kodiak Island Borough Assembly was held on July 21, 2016, in the
Assembly Chambers of the Kodiak Island Borough Building, 710 Milli 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. Deputy Presiding Officer
Skinner led the Pledge of Allegiance.
Present were Deputy Presiding Officer Rebecca Skinner, Assembly members Kyle Crow, Larry
LeDoux, Frank Peterson Jr., Dan Rohrer, Scott Smiley, and Dennis Symmonis. Also present
were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Angela
MacKenzie.
ROHRER moved to excuse Mayor Jerrol Friend who was absent due to personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
PETERSON moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
Regular meeting minutes of May 19 and June 16, 2016 were approved under the consent
agenda.
CITIZENS' COMMENTS
Working Conditions Advisory Council (WCAC) Chair Bill Roberts relayed the sentiments of the
WCAC members on Ordinance No. FY2016-,21.
City Council member John Whiddon voiced concerns regarding Ordinance No. FY2017-02 and
requested that the City and Assembly have a joint work session to discuss it further before
putting it on the ballot.
AWARDS AND PRESENTATIONS
Manager Powers presented the Employee of the Quarter Award for the second quarter of 2016
to Angela MacKenzie, CMC, Deputy Clerk in the Clerk's Office.
Manager Powers presented 15 -year Longevity Awards to Lauri Whidd'on, HR Officer/Executive
Assistant and Allan Torres, Solid Waste Baler/Landfill Supervisor.
Manager Powers provided an update on the Manager's Office to the Assembly.
Kodiak Island Borough Assembly Regular Meeting Minutes
July 21, 2016 Page 1718
Assembly member Rohrer reported on the Borough Lands Committee (BLC) meeting from July
20, 2016 and announced that the group would be recommending some changes to Title 18. He
spoke to the length of time incurred to carry out the process of disposing of land and that the
group would be focusing on the medium range parcels next.
Assembly member LeDoux reported that the Planning and Zoning Commission was working on
Accessory Dwelling Units (ADU) that could potentially open up some affordable housing. He
reiterated that the land disposal would not happen until Spring or Summer and that ADUs and
developing partnerships with entities who specialize in developing government subsidized
housing was the way to get affordable housing.
Assembly member Skinner reported on the Kodiak Fisheries Work Group (KFWG) meeting from
Tuesday, July 19. They had preliminary discussion on strategies for the next North Pacific
Fishery Management Council (NPFMC) meetings in October and December when the Gulf of
Alaska Trawl Bycatch Management issue would come up again. The next meeting of the KFWG
would be on Tuesday, August 23 at 8:30 a.m. in the borough conference room.
Assembly member Rohrer announced that the next Marijuana Task Force (MTF) meeting was
scheduled for Tuesday, July 26 at 6:30 p.m. in the borough assembly chambers where they
would discuss cultivation and zoning.
PUBLIC HEARING
None.
BOROUGH MANAGER'S REPORT
Manager Powers reported on the following:
• Welcomed Community Development Director Sara Mason to her new position
® Met with Fish and Game on mapping
m Met with State Parks regarding disposal Issues
• Hospital negotiations were ongoing
• Valve problem at the leachate plant being worked on
• Met with foresters about the Chiniak timber
® Rural development would be in Kodiak next week and the Borough planned to talk about
the displaced citizens of Jacksons with the city
Assembly member Crow requested that the manager be a part of those discussions with the
rural development representatives and the City of Kodiak.
Assembly member Rohrer requested that the Assembly be given a written process for the
Killarney Hills master plan prior to completion.
Assembly member Symmons requested that the Manager stay on top of the Chinlak project.
MESSAGES FROM THE BOROUGH MAYOR
None.
UNFINISHED BUSINESS
A. Ordinance No. FY2016-21 An Ordinance Of The Assembly Of The Kodiak Island
Borough Amending Kodiak Island Borough Personnel Code Chapter 4 Hiring And
Advancement Section 402 Job Vacancies And Section 405 Job Posting To Allow An
Kodiak Island Borough Assembly Regular Meeting Minutes
July 21, 2016 Page 1719
Alternative For The Borough To Recruit New Applicants.
CROW moved to adopt Ordinance No. FY2016-21 in the first reading to advance to public
hearing at the next regular meeting of the Assembly.
This ordinance was requested by Assembly Member Skinner. Currently the Borough Personnel
Manual and Collective Bargaining Agreement (CBA) both allowed for the internal posting of any
position vacancies first to current employees. This ordinance would allow for an alternative
process for the recruitment of new applicants for vacant Borough positions, by simultaneous
announcement of position vacancies internally and publicly:; and through the assistance of
employment referral services.
Pertinent sections of the Borough Personnel Manual include Chapter 1, Section 105
AMENDMENTS, which allowed amendments to the manual to be made by ordinance only;
Chapter 2 ORGANIZATION AND DELEGATION OF AUTHORITY which outlined the
organization and duties of the Personnel Board and the process of considering changes to the
Personnel Manual; and Sections 402 and 405 of the Personnel Manual.
Procedurally, Borough Ordinances required that the Personnel Advisory Board make a
recommendation to the Assembly. Since this potentially affects the recognized bargaining unit,
discussions with them regarding this change would also need to occur. Staff would undertake
these two processes and then return to the Assembly for final action on the Ordinance.
ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Crow, Peterson, Rohrer, Skinner,
Smiley, and Symmons (Ayes); LeDoux (No).
NEW BUSINESS
Contracts
None.
Resolutions
None.
Ordinances for Introduction
1 Ordinance No. FY2017-02 Authorizing The Submission Of An Advisory Question To The
Qualified Voters Of The Borough At The October 4, 2016 Regular Borough Election To
Determine Whether The Public Supports The Idea Of Consolidating The Kodiak Island
Borough And The City Of Kodiak Into A Single Unit Of Government.
LEDOUX moved to adopt Ordinance No, FY2017-02 in first reading to advance to public
hearing at the next regular meeting of the Assembly.
This ordinance was requested by Assembly member Crow which proposed a non -blinding
advisory question on the October 4:, 2016 election.
One of the priorities stated in the adopted Strategic Plan was Resolution No. IFY2016-32 of the
Assembly was to explore the potential impacts of consolidation. This ordinance proposed the
question "Should the Kodiak Island Borough pursue the idea of consolidating the Kodiak Island
Borough and The City of Kodiak Into A Single Unit Of Government?" to the October 4, 2016
electorate.
Kodiak Island Borough Assembly Regular Meeting Minutes
July 21, 2016 Page 1720
One of the actions that the Assembly might take, if it chose to as a result of the advisory vote,
was to give direction to staff to prepare a consolidation petition to submit to the Local Boundary
Commission. This ordinance reflects that the Assembly direction, would come before the
Assembly in a form of a resolution.,
CROW moved to amend Ordinance No. FY2017-02 by striking lines 50 thru 52.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Peterson,
Rohrer, Skinner, Smiley, Symmons, and Crow.
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: LeDoux,
Peterson, Rohrer, Skinner, Smiley, Symmons, and Crow.
2. Ordinance No. FY2017-03 Submitting to the Qualified Voters on the October 4, 2016
Ballot in Each Area Affected by the Ordinance the Question of Altering the Boundary of
Road Service Area No. 1.
LEDOUX moved to adopt Ordinance No. FY2017-03 in first reading to advance to public
hearing at the next regular meeting of the Assembly.
There were no direct fiscal impacts to the Borough in putting the question on the ballot.
However, if Otm,eloi Way improvements were constructed by the State of Alaska and the Kodiak
Island Borough takes ownership of the roadway, then Service Area No. 1 would be providing
road maintenance and the owners of the properties fronting Otmeloi Way would contribute to
Service Area No. 1 road maintenance programs via a real property tax assessed by the service
area.
Otmeloi Way was a State of Alaska owned roadway located in the Monashka area near North
Star Elementary School.
In 1994, the Borough requested that the State improve Otmeloi Way in conjunction with the
Otmeloi Way water/sewer extension project. In response, the State proposed to participate if
the Borough were willing to accept full ownership of the section of roadway after the
improvements were made.
Adoption of Resolution 97-05 declared willingness to accept maintenance and operation
responsibility for Otmeloi Way when, it was improved to the Borough road standard.
In Fiscal Year 2006 the State granted $3.3 million to the Borough for the Otmeloi Way
Rehabilitation Project which was intended to provide for improvements to the road to bring it up
to Borough standard.
With this grant, the State Department of Transportation (DOT) had performed work for the
project including a reconnaissance study, environmental review, and design. It had been
determined that $3.3 million was not enough to cover the costs of preconstruction and
construction activities for improving the road which included realigning, grading, drainage
improvements, paving lanes, installing a sidewalk and lighting. The project (which had been on
the State Transportation Improvement Projects "STIP" list) was submitted for federal funding of
the construction aspect of the project.
Kodiak Island Borough Assembly Regular Meeting Minutes
July 21, 2016 Page 1721
Currently, the environmental review was complete and design was approximately 75%
complete.
The State's Fiscal Year 2017 capital budget included $4 million of federal highway funding for
this project.
Most of Otmeloi Way lies within Service Area No. 1 so that section of roadway would fall within
their maintenance responsibilities under Borough ownership. Five properties on Otmeloi Way
were outside the service area boundary. This boundary change was being proposed to include
these properties in the service area so that if the improvements were constructed then all
property owners would pay the, road service area tax to maintain, roads within the service area,
including Otmeldi Way.
Borough code provides that an alteration to a service area shall be initiated by ordinance and
that the alteration shall not be effective unless a majority of the qualified voters voting on the
question approved it. The affected area was the entire Service Area No. 1 and the lots being
added to the service area.
KIBC 7.10.025 Propositions and questions. An ordinance placing a proposition on the ballot
must be adopted not later than 53 calendar days before the election, which would be August 12,
2016.
The State would not proceed with construction of the project without Borough assurance of a
transfer of ownership and maintenance responsibilities. The Borough did not have road service
powers, so if the Borough were to take ownership of the roadway without the boundary change,
there was no means of maintaining or paying for maintenance of the section of roadway that
falls outside the current boundary; therefore, staff was recommending that approval of the
boundary change was needed prior to commitment of ownership transfer so that all property
owners along the roadway participate in the maintenance cost.
Also included in this proposed boundary change was Tract B Mill Point Alaska Subdivision
which was Borough owned land that may be considered for development. This land was
contiguous to properties that front Otmeloi Way and it was possible that Otmeloi Way could be
utilized for access when developed. Rather than undergoing the boundary change process
again if this land was slated for development, staff was proposing to include it in the current
proposition.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Smiley
Symirnons, Crow, and LeDoux.
3. Ordinance No, FY2017-04 Submitting to the Qualified Voters the Question of
Establishing the Otmeloi Way Streetlight Service Area to Provide Operation and
Maintenance of Streetlights Along Otmeloi Way.
ROHIRER moved to adopt Ordinance No. FY2017-04 in first reading to advance to public
hearing at the next regular meeting of the Assembly.
There were no direct fiscal impacts to the Borough in placing the question on the ballot.If
establishment of the service area was approved, property owners in the new service area would
Kodiak Island Borough Assembly Regular Meeting Minutes
July 21, 2016 Page 1722
be assessed a property tax by the service area that was sufficient to cover the cost of operation
and maintenance of the streetlights.
The scope of work for the Otmeloi Way Improvements project included installation of streetlights
along the roadway. The Borough did not have streetlight powers or any means for paying the
cost of operation and maintenance of streetlights. Establishment of a streetlight service area
provided a means for collecting property taxes to address those specific costs.
The proposed boundary was determined selecting properties fronting Otmeloi Way.
MBC 7.10.025 Propositions and questions. An ordinance placing a proposition on the ballot
must be adopted not later than 53 calendar days before the election, which would be August 12,
2016.
If the ballot question fails, the State of Alaska would not install the streetlights as an element of
the project.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Smiley
Symmons, Crow, LeDoux, and Peterson.
Other Items
None.
CITIIZE,NS' COMMENTS
None.
ASSEMBLY MEMBERS' COMMENTS
Assembly member LeDoux requested the manager outline State cuts on the Borough budget for
the public. He thanked the Manager and Staff for working with the Chiniak communfty on the
damage left by the August 2016 fire. He thanked the Bayside Fire Department for its response
to recent fires.
Assembly member Simmons expressed gratitude to the citizens who attend the meetings. He
also encouraged citizens to attend the MTF meetings, and thanked staff for working diligently on
the contract to harvest the damaged timber in Chiniak.
Assembly member Crow thanked the public for attending and participating in their government.
He encouraged the public to run for office in, the upcoming October 4 Municipal Election. He
clarified a miss statement regarding non-profit funding for the Salvation Army; it received $8,000
instead of the $35,000 previously stated.
Assembly member Rohrer praised Fire Chief Rue for his "thinking outside the box" in regards to
upgrades of machinery and equipment for the Bayside Fire Department. He complimented
Bayside Fire Department, the City Fire Department, Coast Guard Fire Department, and law
enforcement for participating in fundraising events for a local Kodiak High School student who
had recently suffered significant injuries during an all -terrain vehicle accident. He asked for
clarity on the terminology used for the Deputy Presiding Officer vs. Deputy Mayor.
Assembly member Skinner expressed concerns facing the Borough's budget with "13 million in
the hole". She cautioned on spending beyond the budget and diverting funds from other
Kodiak Island Borough Assembly Regular Meeting Minutes
July 21, 2016 Page 1723
accounts. The Borough needs to be cautious of the "trickle down effects" and should not be
raiding the "piggy bank" when it may need those funds in the future to sustain itself.
Assembly members LeDoux, Symmons, Crew, and Rohrer congratulated Community
Development Director Sara Mason for her promotion; Deputy Clerk Angela MacKenzie for
achieving employee of the Quarter for the second quarter of 2016; and 15 -Year longevity award
recipients HR Officer/Executive Assistant Lauri Whiddon and Solid Waste Baler/Landfill
Supervisor Alan Torres.
Announcements
Deputy Presiding Officer Skinner announced that the next Assembly work session would be
held on Thursday, July 28:, 2016 at 6:30 p.m. in the Borough Conference Room and the next
Assembly regular meeting wound be held on August 4, 2016 in the Borough Assembly
Chambers.
PETERSON moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY- Skinner, Smiley, Symmons, Crow,
LeDoux, Peterson, and Rohrer.
The meeting was adjourned at 8:52 p.m.
KODIAK ISLAND BOROUGH
ATTEST: Jerrol Friend, Mayor
ova IM. Javier, MMC, Bor�ugh Clerk Approved on: December 1, 2016
Kodiak Island Borough Assembly Regular Meeting Minutes
July 21, 2016 Page 1724