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08/04/2016 Regular Meeting'412. NO=_ k -Tell 29M August 4, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on August 4, 2016, 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 Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Dan Rohrer, Rebecca Skinner, Scott Smiley, and Dennis Symmons. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Laurie Pardee. CROW moved to excuse Assembly member Frank Peterson Jr. who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. SKINNER moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 0 , i 0 ,,, k9 WOWW��� A 111,11*01"0q, R*W6101 i&INA Teresa Storch spoke about Non Genetically Modified Organisms growing and its effects. Maureen Butler commented regarding reforestation at Chiniak. She urged the Assembly to do a total replanting of trees, Charles Davidson agreed that replanting this Spring in Chiniak would be beneficial. Barbara Bigelow, Providence Kodiak Island Medical Center's Chief Executive Officer, provided an update regarding the activities at the Hospital. Sara Fish urged the Assembly to approve the reforestation contract for Chiniak. Ken Reinke, Threshold Services Director, gave a report regarding, the Threshold services they provide. He noted the amount of shipped materials off island and the saving costs, of that to the landfill. Kodiak Island Borough Assembly Regular, Meeting Minutes August 4, 2316 Page 1725 Luvonne Shields -Chaco urged the Borough to ask the State Department of Transportation (DOT) to be more forthcoming with information. She solicited assistance from Representative Louise Stutes and asked that the State provide the information they were seeking. Assembly member Rohrer provided an update on the Marijuana Task Force's activities. He mentioned the Task Force's discussion on cultivation and the zones that would make sense to restrict. It would hold off on, discussing taxation until after the retail sales discussion took place. He encouraged the public to be involved in the process. Assembly member Crow attended the School District Facilities Review Committee meeting last week. The group was identifying the issues of facilities, and discussed what the State would decide to fund. PUBLIC HEARING 1 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 Alternative For The Borough To Recruit New Applicants. SKINNER moved to adopt Ordinance No. FY2016-21. The ordinance was requested by Assembly Member Skinner. The KI:B Personnel Manual and Collective IBargainiing 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 KlB 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, 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. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. Kodiak Island Borough Assembly Regular Meeting Minutes August 4, 2016 Page 1726 ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Crow, Skinner, Smiley, and Symmons (Ayes); LeDoux and Rohrer (Noes). 2,, 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, SYMMONS moved to adopt Ordinance No. FY2017-02, Assembly member Crow that proposed a non-binding advisory question on the October 4, 2016 election requested the ordinance. One of the priorities stated in the adopted Strategic Plan Resolution No. FY2016-32 of the Assembly was to explore the potential impacts of consolidation. The 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. One of the policies adopted in the January 2008 Comprehensive Plan Update was to consider consolidation of local governmental functions of agencies including among the City of Kodiak and' Kodiak Island Borough. In order for this advisory question to get on the ballot, the ordinance must be adopted by August 12 (53 calendar days before the election). SKINNER moved to amend Ordinance No. FY2017-02 by substitution (version 2). ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: ILeDoux, Rohrer, Skinner, Smiley, Symmons, and Crow. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Rohrer, Skinner, Smiley, Symmons, Crow, and LeDoux. 3. 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. ROHRER moved to adopt Ordinance No. FY2017-03. There was no dlirect fiscal impact to the Kodiak Island Borough in putting the question on the ballot. However, if Otmeloi Way improvements were constructed by the State of Alaska and the Kodiak Island Borough took 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. Kodiak Island Borough Assembly Regular Meeting Minutes August 4, 2016 Mage 1727 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 it 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 KIB 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 DOT had been performing 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 cost 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. 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 the project. Most of Otmeloi Way lied within Service Area No. 1 so that section of roadway would fall within their maintenance responsibilities under Borough ownership. There were five properties on Otmeloi Way that 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 Otmeloi Way. KIB code provided that an alteration to a service area should be initiated by ordinance and that the alteration should not be effective unless it was approved by a majority of the qualified voters voting on the question. The affected area was the entire Service Area No. 1 and the lots being added to the service area. An ordinance placing a proposition on the ballot must be adopted not later than 53 calendar days before the election, which was 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 fell outside the 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 might be considered for development. This land was contiguous to properties that front Otmeloi Way and it was possible that Otmeloi Way could be Kodiak Island Borough Assembly Regular Meeting Minutes August 4, 2016 Page 1728 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 proposition. SKINNER moved to amend Ordinance No. FY2017-03 by substitution (version 3). ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Crow, LeDoux, and Rohrer. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing, ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Smiley, Symmons Crow, LeDoux, Rohrer, and Skinner. 4. Ordinance No. FY2017-04 Submitting To The Qualified Voters The Question Of Establishing The Otmeloi Neighborhood Streetlight Service Area To Provide Operation And Maintenance Of Streetlights Along Otmeloi Way And A Portion Of Mallard Way, SKINNER moved to adopt Ordinance No. FY2017-04. There was no direct fiscal impact 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 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 costs of operation and maintenance of streetlights. Establishment of a streetlight service area would provide a means for collecting property taxes to address those specific costs. The proposed boundary was determined selecting properties fronting Otmeloi Way. SKINNER moved to amend Ordinance No. FY2017-04 by substitution (version 3). ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Rohrer, Skinner, and Smiley. Mayor Friend opened the public hearing. Tony Chaco voiced concerns about property lines and road safety. Mayor Friend closed the public hearing. ROHRER moved to postpone Ordinance No. FY2017-04 to a special meeting on August 11, 2016. ROLL CALL VOTE ON MOTION TO POSTPONE, CARRIED UNANIMOUSLY: Crow, LeDoux, Rohrer, Skinner, Smiley, and Symmons. Kodiak Island Borough Assembly Regular Meeting Minutes August 4, 2016 Page 1729 �» w ; • ti - r, = tl4:-`197,.11 Manager Powers reported on the following: ® The Borough Attorney was in Kodiak, discussed various legal issues • Advised staff to refrain from making unnecessary purchases while dealing with the $1.3 million dollar budget shortfall • Would send out an updated spreadsheet to address concerns brought up regarding the Kodiak High School art projects Mayor Friend announced he would attend the Kodiak (Launch Complex Open (House, and reminded everyone to drive safely. UNFINISHED ROSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2017-09 A Sole Source Agreement To Purchase 300,000 Spruce Tree Seedlings From Koncor Forest Products For A Spring 2017 Planting Season. SYMMONS moved to approve KlB Contract No. FY2017-09 in the amount of $120,231.00 At the ,Duly 14, 2016 Assembly work session, the Assembly directed staff to prepare a contract to purchase 300,000 Spruce Tree seedlings from Koncor Forest Products. Staff prepared an agreement for the Assembly's consideration. The agreement was a little different from typical purchase agreements in that the product was coming from a third party. The agreement was intended to hold the seller accountable for warranty of the product through their agreement with the nursery PRT IDSA. The agreement had an exception for assignment to the nursery if PRT IDSA was willing to accept the terms of the agreement, subject to borough approval. The agreement also proposed a sole source procurement in the interest of getting the seedlings for a spring 2017 planting season. In the interest of time, staff had submitted the agreement to the borough attorney for review to ensure that a reply would be received well before the August 4, 2016 regular meeting. SKINNER moved to postpone Contract No. FY017-09 to the regular meeting of August 16, 2016. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: LeDoux, Rohrer, Skinner, Smiley, Symmons, and Crow. Resolutions None. Ordinances for Introduction, None. Kodiak. Island Borough Assembly Regular Meeting Minutes August 4, 2016 Page 1730 Other Items 1 Assembly Granting Permission To Bayside Fire Department To Dispose of Squad 10 And Sole Source An Acquisition Of A Used Piece Of Fire Apparatus. SKINNER moved to grant permission to the Bayside Fire Department to dispose of Squad 10 and sole source an acquisition of a used piece of fire apparatus. The (Bayside Fire Department owned squad 10 which at that time provided no benefits to the Department. It had no pump, no tank, and carried no hose and provided no firefighting capabilities. By trading the squad in, the Fire Department would be able to acquire a used piece of apparatus that had a tank, pump, and carry hose to provide firefighting capabilities. Doing this would help modernize the Department in firefighting apparatus. The trade would have no financial impact to the Department. ROHRER moved to amend the motion by striking out the wording "and sole source an acquisition of a used piece of fire apparatus." ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Rohrer, Skinner, Smiley, Symmons, Crow, and LeDoux. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY- Skinner, Smiley, Symmons, Crow, LeDoux, and Rohrer. CITIZERS' COI-IiMEATV None., EXECUTIVE SESSION 1. Chiniak Emergency Shelter Replacement - Insurance Negotiations ROHRER moved to convene into executive session to discuss the Chinjak Emergency Shelter insurance negotiations, a subject matter that the immediate public knowledge of which would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Crow, LeDoux, Rohrer, and Skinner. SKINNER moved to invite the Mayor, Assembly, Borough Manager, and Clerk's Office staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Rohrer, Skinner, and Smiley. After the vote, Mayor Friend recessed the regular meeting at 9:04 p.m. and convened the executive session. Kodiak Island Borough Assembly Regular Meeting Minutes August 4, 2016 Page 1731 Upon returning from the executive session, Mayor Friend reconvened the regular meeting at 9:37 p.m. and directed staff to make initial contact with the Chiniak Community to form a Tsunami Shelter Building Committee. 2. Strategies In Negotiating The Hospital Lease SKINNER moved to convene into executive session to discuss strategies in negotiating the hospital lease, a subject matter that the immediate public knowledge of which would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Rohrer, Skinner, Smiley, Symmons, and Crow. SMILEY moved to invite the Mayor, Assembly, Borough Manager, and Clerk's Office staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Smiley, Symmons, Crow, and LeDoux After the vote, Mayor Friend recessed the regular meeting at 9:39 p.m. and convened the executive session. Upon returning from the executive session, Mayor Friend reconvened the regular meeting at 10'.22 p.m. and announced that no action, was to be taken as a result of the executive session. 3, Clerk's Performance Evaluation SKINNER moved to convene into executive session to discuss the Clerk's Performance Evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice a character or reputation of a person, ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Crow, LeDoux, and Rohrer. SKINNER moved to invite the Mayor and Assembly into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Crow, LeDoux, Rohrer, and Skinner. After the vote, Mayor Friend recessed the regular meeting at 10:24 p.m. and convened the executive session. Kodiak Island Borough Assembly Regular Meeting Minutes August 4,2016 Page 1732 Upon returning from the executive session, Mayor Friend reconvened the regular meeting at 10:50 p.m. and announced that no action was to be taken as a result of the executive session. Assembly member Symmons noted that Peter Hanley from the Chinialk community regarding logging traffic deserved the Assembly's attention and' he thanked Jim Pickett for submitting his name for the Fire Protection Area No. 1 Board, He thanked Representative Louise Mutes for coordinating a meeting with DOT and Otmeloi residents. Assembly member Crow greeted the Coast Guard for its 2261' birthday and thanked them, for being an important part of the community. He thanked the public members who continue to participate by attending the meetings. He urged people to step up and run for office, at the upcoming election. 1=-�, I - = Mayor Friend announced the next Assembly work session would be held on Thursday, August 11 at 6:30 p.m. in the Borough Conference Room which would be followed by a special meeting. The next Assembly regular meeting was scheduled for Thursday, August 18 at 6:30 p.m. in the Borough Assembly Chambers. 90141"t"T19TA PTLIH SKINNER moved to adjourn the meeting. ROLL, CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Rohrer, Skinner, and Smiley. The meeting adjourned at 10:51 p.m. oll 'rol Friend, Mayor proved on: December 1, 2016 Kodiak Island Borough Assembly Regular Meeting Minutes August 4,2016 Page 1733