06/15/2017 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
June 15, 2017
A regular meeting of the Kodiak Island Borough Assembly was held on June 15, 2017, 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 Sergeant Major Dave Blacketer of the Salvation Army. Mayor
Rohrer led the Pledge of Allegiance.
Present were Assembly members Kyle Crow, Larry LeDoux, Dave Townsend, Rebecca
Skinner, Scott Smiley, Dennis Symmons, and Matthew Van Daele. Also present were Borough
Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Laurie Pardoe.
SKINNER moved to excuse Mayor Rohrer who was absent due to personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
SKINNER moved to approve the agenda and consent agenda.
SKINNER moved to amend the agenda and consent agenda by adding the approval of an Open
Letter To The Alaska Legislature Regarding Impacts Of A Potential Shutdown Of Government
Services On July 1, 2017 under Other Items.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Crow, LeDoux,
Skinner, Smiley, Symmons, Townsend, and Van Daele.
VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
None.
CITIZENS' COMMENTS
Nick Szabo, Solid Waste Advisory Board Chair Person, reported on the adopted resolution of the
Board regarding the plastic bag ban. He recommended that the Assembly discuss this the City of
Kodiak and hoped that both bodies adopt the same ordinance.
The following spoke in support of the hospital lease resolution: Ron Acarregui, Melissa Longood,
Rebecca Shields, and Dave Blacketer.
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Blythe Brown from the Kodiak Soil and Water Conservation District read a proclamation of the
Governor which was also adopted by their Board regarding Invasive Plant Species Awareness
Week.
Mel Stephens commented on the plastic bag ban topic and suggested improvements on how the
budget amendment ordinances are drafted.
Rebecca Shields, Director of Kodiak Womens Resource and Crisis Center, spoke on behalf of
Providence Medical Center and their service, partnerships, and programs. Cannot imagine living
and working on the island without Providence.
AWARDS AND PRESENTATIONS
None.
COMMITTEE REPORTS
Assembly member Townsend ARB met and approved drawings for bailer facility and agreed that
the ARB should see the final copy of the plans before they recommend approval.
PUBLIC HEARING
1. Ordinance No. FY2017-21 Amending Chapters 17.25 KIBC (Definitions), 17.160 KIBC
(Accessory Buildings), And Related Chapters Of Title 17, Zoning To Include
Development Standards For Accessory Dwelling Units And To Specifically List Accessory
Dwelling Units As A Permitted Use In Certain Residential Zoning Districts (P&Z Case No.
16-007).
VAN DAELE moved to adopt Ordinance No. FY2017-21.
This item was introduced on April 6, 2017 and was postponed to June 15, 2017. On June 15, this
will be presented under public hearing.
At the June 8th work session, the Assembly reviewed the reformatted version 1 from Assembly
member Smiley. As a result of the discussion, Version 2 was presented to the Assembly as a
substituted version.
VAN DAELE moved to amend by substitution with Version 2 of the ordinance.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Skinner,
Smiley, Symmons, Townsend, Van Daele, and Crow.
Deputy Presiding Officer LeDoux opened the public hearing.
The following spoke under public hearing: Ginny Shank, Jeff Stewart, Ben Holt, Matt Novello,
Marian Painter, and Bob Tucker.
Deputy Presiding Officer LeDoux closed the public hearing.
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CROW moved to amend 136-137 to delete the language within the parentheses that states: for
example, structures where the projected roof area exceeds 120 square feet.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Skinner, Smiley,
Symmons, Townsend, Van Daele, Crow, and LeDoux.
CROW moved to amend line 154 to change from 25 to 35 feet.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Smiley, Symmons,
Townsend, Van Daele, Crow, LeDoux, and Skinner.
CROW moved to amend to delete lines 179-180.
ROLL CALL VOTE ON MOTION TO AMEND FAILED TWO TO FIVE: Crow and Skinner (Ayes);
Symmons, Townsend, Van Daele, LeDoux, and Smiley (Noes).
TOWNSEND move to amend line 191 RR1-Rural Residential One District from under
"conditional uses" and place it under "permitted uses."
Assembly member CROW proposed a secondary amendment which failed three to four:
Townsend, Crow, and Skinner (Ayes); Van Daele, LeDoux, Smiley, and Symmons (Noes).
VAN DAELE moved to amend the amendment by moving RR1-Rural Residential One District
from under conditional uses to permitted uses and insert "attached" at the end.
ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT CARRIED SIX TO ONE: Van
Daele, Crow, LeDoux, Skinner, Smiley, and Symmons (Ayes); Townsend (No).
ROLL CALL VOTE ON AMENDMENT AS AMENDED CARRIED UNANIOUSLY: Crow, LeDoux,
Skinner, Smiley, Symmons, Townsend, and Van Daele.
SKINNER moved to amend by removing "conexes" from line 211.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Skinner,
Smiley, Symmons, Townsend, Van Daele, and Crow.
CROW moved to amend lines 227-228 to replace last sentence with "an approved access
walkway leading from the apparatus access road to the ADU entrance shall be provided."
ROLL CALL VOTE ON MOTION TO AMEND FAILED THREE TO FOUR: Smiley, Symmons,
and Crow (Ayes); Skinner, Townsend, Van Daele, and LeDoux (Noes).
TOWNSEND line 265 add 17.00.020 "ADUs attached" and line 275 "ADUs detached."
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Smiley, Symmons
Townsend, Van Daele, Crow, LeDoux, and Skinner.
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SYMMONS move to amend line 210 to "ADUs shall be limited to 600 square feet."
ROLL CALL VOTE ON MOTION TO AMEND FAILED TWO TO FIVE: Symmons and Skinner
(Ayes); Townsend, Van Daele, Crow, LeDoux, and Smiley (Noes).
SKINNER move to update the conditional uses and permitted uses to reflect previous changes.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Townsend, Van
Daele, Crow, LeDoux, Skinner, Smiley, and Symmons.
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED SIX TO ONE: LeDoux, Smiley,
Symmons, Townsend, Van Daele, and Crow (Ayes); Skinner (No).
BOROUGH MANAGER'S REPORT
Manager Powers briefly reported on the following:
• Scheduling an executive session regarding the Watterson litigation on July 11
• Discussion regarding moving Work Sessions to the School District Conference Room
• Working with Borough Attorney regarding tobacco taxation ordinance for introduction in
July
• Attorney general maintains that recreation and medical marijuana are a violation of
federal law
• Arrangements and movement of office spaces in CDD and managers office
• Resource management officer starts on Monday.
• Going paperless will be rolling out over the next several weeks
• Working with Arts Council to bring art into the building
MESSAGES FROM THE BOROUGH MAYOR
None.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
1. Contract No. FY2017-41 Kodiak Fisheries Research Center Digital Data Controls
Upgrade.
SKINNER moved to authorize the Manager to negotiate Contract No. FY2017-41, a sole source
contract with LONG Building Technologies, Inc. for the upgrade of the ventilation controls
including controller, programming of logic software and associated Feld devices.
The controls and components for the ventilation systems at KFRC are outdated and no longer
are supported by the factory. Due to the age of the devices and JAVA operating system the
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communications rate and quality has degraded to the point that the building temperature controls
are not capable of providing consistent temperatures or air exchanges to the facility. The ability
to monitor this system and receive alarms remotely is greatly diminished as JAVA updates are
no longer available and pose a security threat. This sole source request is being made due to the
age of the logic software. LONG was the original installer and has the ability to access the logic
programming as it is currently proprietary. If LONG does not perform this work, the choice of an
alternate contractor will increase the overall cost to the project as they do not have access or
knowledge of the proprietary software and logic. The new BACnet field controllers and
programming will result in faster communication rates to the various Feld devices therefore
allowing more precise control capabilities for this heating and ventilation system. The new
programming and logic will eliminate the priority software and logic allowing the KIB to place
future maintenance and repairs to this system on the open market for bidding.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux,
Skinner, Smiley, Symmons, and Townsend.
Resolutions
`Resolution No. FY2018-03 Adopting To Participate In The Alaska Municipal League
Joint Insurance Association (AMLJIA) Loss Control Incentive Program. This item was
approved under consent agenda.
2. Resolution No. FY2018-04 Approving A Lease of the Kodiak Island Hospital to
Providence Health & Services
VAN DAELE moved to adopt Resolution No. FY2018-04.
Under the direction of a subcommittee of the assembly, a management team of borough staff
have been negotiating a superseding lease agreement with Providence Health Systems staff.
The terms of the superseding lease have been agreed upon by both parties and are provided in
the attached recommended contract.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley,
Symmons, Townsend, and Van Daele.
Ordinances for Introduction
Ordinance No. FY2017-01B Amending Ordinance No. FY2017-01, Fiscal Year 2017
Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget,
Providing For Additional Expenditures And Moving Funds Between Projects
SMILEY moved to adopt Ordinance No. FY2017-01B in first reading to advance to public hearing
at the next meeting of the Assembly.
This budget adjustments accounts for the following:
• Increase Fund 100 - General Fund Use of Fund Balance to reimburse Fund 234 - LEPC
$18,337.65 for unreimbursed expenses from 2004-2016.
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• Increase Fund 210 — Land Sales revenues by $307,400 for the sale of Borough fixed
assets (land) during Land Sale #19.
• Increase Fund 220 - Building and Grounds Use of Fund Balance by $336,370 and
transfer funds to Fund 469 - Renewal and Replacement Projects project #17005 Main
Elementary Walkway.
• Increase Fund 252 — Womens Bay Fire Department Use of Fund Balance by $50,000;
$40,000 to complete the generator installation and $10,000 for purchase of new turnout
gear.
• Increase Fund 254 - KIB Airport Fire District Use of Fund Balance by $30,000 for 3rd
party fire hydrant installation and repairs.
• Increase Fund 276 — Facility Fund Use of Fund Balance by $297,584; $286,454 to Fund
300 Debt Service to help defray the Governor's Veto (25% reduction to State School Debt
Reimbursements) and to reduce the subsequent loan from the Fund 100 - General Fund,
and $11,130 to Fund 469 - Renewal and Replacement Projects project # 17005 Main
Elementary Walkway.
• Fund 426 - Capital Projects: reduce budget for project #12015 KFRC Energy Project,
return $19,179.97 of excess funds to Fund 555 - KFRC (Kodiak Fisheries Research
Center) and close project.
• Fund 450 - Capital Projects: reduce budget for project #12016 Fire Protection Area #1
Emergency Generator, return $57,492.57 of unused funds to Fund 250 - Fire Protection
Area #1 and close project.
• Fund 469 - Renewal and Replacement Projects #11004 Ahkiok Teacherage: reduce
budget by $14.65 and move funds to Fund 450 - Capital Projects project #12009 Chiniak
Warning Sirens to pay for expenditures that exceeded the budget and close project.
• Fund 469 - Renewal and Replacement Projects project #11004 Ahkiok Teacherage:
reduce budget by $1,866.75 and move funds to Fund 450 - Capital Projects project #
12011 Emergency Generator to pay for expenditures that exceeded the budget and close
project.
• Fund 469 - Renewal and Replacement Projects: reallocate $45,000 from project #11009
Island Wide UST Removal/Replacement to project #11003 Chiniak Remote UST.
• Fund 469 - Renewal and Replacement Projects: reallocate $1,230,319.33 from #13010
Kodiak Middle School HVAC Controls to project #13006 Borough Building Rehab and
close project .
• Fund 469 - Renewal and Replacement Projects: reallocate $43,183.66 from #12001
North Star Elementary Exterior Repairs to project #13006 Borough Building Rehab and
close project
• Fund 470 - Capital Projects: reallocate $60,000 from project #15003 Roofing
Replacement to project #15010 Playground Replacement.
• Fund 470 - Capital Projects: reallocate $20,000 from project #15003 to project #15008
Flooring Replacement.
• Fund 495 - Capital Projects project #08004 Compu Assisted Appraisal Collection
Program: reduce budget by $41,160.84 and close project.
• Fund 495 - Capital Projects: reduce budget by $4,297,013.83 for project #09010 Long -
Term Care Center and close project.
• Increase Fund 530 - Municipal Solid Waste Collection Use of Fund balance by $20,000 to
pay for software and software security upgrades.
• Decrease 540- Hospital Fund Advance to Fund 469 by $2,474,937.62 to pay off the 2015
loan by reducing the budgets and transferring funds from the following projects in Fund
469 - Renewal and Replacement Projects:
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o Project #11002 East Elementary Generator - $62,637.17 and close project
o Project #11004 Ahkiok Teacherage - $43,497.60 and close project
o Project #12005 East Elementary & Peterson Flooring - $733,170.21 and close
o Project #12006 KMS Elevator Controls - $51,794.40 and close project
o Project #12007 Larsen Bay School Roof Replacement - $60,037.29 and close
project
o Project #12008 Main Underground Storage Tank - $0.77 and close project
o Project #13007 Port Lions Exterior Painting $35,549.51 and close project
o Project #13010 Kodiak Middle School HVAC Controls $306,935.67
o Project #13011 Peterson HVAC Controls $624,427.00 and close project
o Project #13012 Middle School Paving $415,383.00 and close project
o Project #13013 Auditorium Flooring Foyer & Hall $141,505 and close project
Move the following FY2016 balance sheet items from Fund 540 - Hospital to fund 545 -
Long -Term Care Center:
o Cash - $2,184,444.00
o Custodial Cash with BNYMellon - $1,346,689.50
o Building - $15,567,986.00
o Accumulated Depreciation - $43,244.00
o Revenue Bonds Principal - $15,880,000.00
o Unamortized Premium on Bonds - $1,365,855.00
o Retained Earnings- $1,812,552.20
Increase Fund 555 — KFRC (Kodiak Fisheries and Research Center) Use of Fund
Balance by $580,000; $380,000 for additional repair work to the HVAC system, $100,000
for fire and sprinkler system and $100,000 for pump repairs.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley,
Symmons, Townsend, Van Daele, and Crow.
Other Items
Approval Of A Letter Of Support To Kodiak Area Native Association's Application For The
FY2017 Partnership Planning Funding From the United States Economic Development
Administration.
VAN DAELE moved to approve the letter of support to KANA's application for the FY2017
Partnership Funding from the United States Economic Development Administration.
KANA receives a small grant from the United States Economic Development Administration that
is used for the development and administration of the Kodiak Rural Regional Comprehensive
Economic Development Strategy (CEDS) and associated economic development activities
impacting the Kodiak Rural Region.
The grant application asks for a letter from a government entity acknowledging that the non-profit
is acting in cooperation with officials of the government entity.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons,
Townsend, Van Daele, Crow, and LeDoux.
Kodiak Island Borough
June 15, 2017
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Page 7 of 12
2. Letter Of Support To Kodiak Electric Association's Upper Hidden Basin Diversion At
Terror Lake Hydroelectric Project.
VAN DALE moved to approve the letter of support to Kodiak Electric Association's Upper Hidden
Basin Diversion at Terror Lake Hydroelectric Project.
The Federal government has requested that State Governors forward shovel ready,
infrastructure project financing requests to them. The Governor has some projects he is going
to put forward but given his background in municipal government he is requesting local
municipalities bring forward funding requests that meet the criteria he is looking to support.
The letter was specifically sent to all municipalities and tribal organizations. Mayor Rohrer
thought about Kodiak and shovel ready projects and the 70 million plus KEA project came to
mind.
He confirmed with the Governor's office that a municipality could bring forward a local
cooperatives project and they agree that it would be appropriate. The time line on this is the end
of the month.
Attached in the packet is a white paper on the project. If this project were to be accepted and
funded it would save the community a lot of money.
KEA's project is a hovel ready project with most permits in hand and the rest of the permits are
anticipated by the end of summer at the latest. This request would fair well given the national
recognition KEA has received and the overall momentum currently behind KEA.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van
Daele, Crow, LeDoux, and Skinner.
3. Open Letter To The Alaska Legislature Regarding Impacts Of A Potential Shutdown Of
Government Services On July 1, 2017.
SKINNER moved to approve the open letter to the Alaska Legislature.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele,
Crow, LeDoux, Skinner, and Smiley.
CITIZENS' COMMENTS
Jeff Stewart commented that he was in favor of the changes in the ADUC ordinance.
ASSEMBLY MEMBERS' COMMENTs
Assembly member Symmons thanked DPO LeDoux for running a good meeting and he also
thanked the citizens and staff members who attended.
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Assembly member Skinner urged the Assembly to engage in a dialogue regarding the proposed
plastic bag ban.
Assembly member Crow would like to see the plastic bag ban on the ballot this year.
Assembly member Van Daele noted that the plastic bag ban discussion is on the JWS agenda.
He wished everyone a happy and safe 4`h of July Holiday.
Assembly member Smiley thanked Sara Mason for helping the Assembly through the ADU
process. He thanked the manager and hospital staff for their work on the hospital lease.
Assembly member LeDoux would like to hear what the Coast Guard plans are in Kodiak. He said
there will be a closer and interactive partnership between the Borough and the school district to
maintain buildings. He also thanked CDD Director Mason and her staff regarding the ADU
ordinance.
Announcements
Deputy Presiding Officer LeDoux announced that the Assembly and City Council would meet on
Wednesday, June 21 for a joint work session at 7:30 p.m. in the Kodiak Public Library multi-
purpose room. The Assembly work session scheduled on June 29 and the July 6 regular meeting
had been canceled. The next Assembly work session would be held on Thursday, July 13 at 6:30
p.m. in the school district conference room and the next Assembly regular meeting was
scheduled for Thursday, July 20 at 6:30 p.m. in the borough assembly chambers.
EXECUTIVE SESSION
1. Borough Clerk's Performance Evaluation
SKINNER moved to covene into executive session to discuss the Borough Clerk's Performance
Evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice
her character or reputation.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow,
LeDoux, Skinner, Smiley, and Symmons.
SKINNER moved to invite the Deputy Presiding Officer, Assembly, and Borough Clerk into
executive session.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
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Deputy Presiding Officer LeDoux recessed the regular meeting and convened the executive
session.
Upon returning from the executive session, Deputy Presiding Officer LeDoux reconvened the
regular meeting and announced that the Assembly had discussed the Borough Clerk's
Performance Evaluation and noted that the Clerk had a satisfactory performance evaluation
review.
ADJOURNMENT
CROW moved to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
KODIAt ISLAND BOROU
Daniel A. Rohrer, Mayor
M. Javier, MMC, 1301
o ough Clerk Approved on:.) Lti, A 0o, aOl'
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