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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