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08/02/2018 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting August 2, 2018 A regular meeting of the Kodiak Island Borough Assembly was held on August 2, 2018, 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 Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Julie Kavanaugh, Andrew Schroeder, 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. APPROVAL OF AGENDA SCHROEDER moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS Jonathan Strong, George S. Garcia, Jill Bunting, Heidi Roberson, Jami Gibson, Nicole Clark, Shawn Olsen, Mark Olsen, Stacy Wenrich, Elaine Olsen, and Donna Ruch spoke in support of providing small grant funding for the Kodiak Area Mentor Program (KAMP). Randy Blondin spoke concerning the Larsen Bay comprehensive plan and zoning issues affecting the lodge industry in the villages. Jeff Stewart spoke concerning Resolution No. FY2019-06. Paul VanDyke, Fire Protection Area No. 1 Board Chairman spoke regarding letters from the Board to the Assembly. Mary Guilas-Hawver spoke concerning Resolution No. FY2019-06 on behalf of the Providence Counseling Center and encouraged the Assembly to fund it under the Health category.. She also spoke in support of funding Non -profits. Johnny Walker spoke concerning the funding request for the Kodiak Island Food Bank. Kodiak Island Borough Assembly Regular Meeting Minutes August 2, 2018 Page 1 of 8 Monte Hawver spoke concerning various needs in Kodiak and encouraged the Assembly to increase funding for non -profits during the hard financial times instead of cutting it. Reed Oswalt spoke concerning Bay View Service District, safety issues with unfinished roads, and potential liability associated with a cul-de-sac. AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS Assembly member Van Daele invited the public to attend the Borough Lands Committee meeting on August 8 at noon in the Borough Conference Room. The Committee will discuss topics that are important to the community, including land availability in Chiniak. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Powers briefly reported on the following: • Chiniak Tsunami Shelter/Library project ground breaking. • Encouraged the public to watch a documentary on Netflix called All The Queen's Horses which explains how more than 50 million dollars was stolen from a city over a period of 20 years. He also noted that the Borough has controls in place to prevent that type of embezzlement from occurring. • Spoke with lobbyists regarding pink salmon disaster funding and school district funding for major maintenance projects. • Meeting with the Federal Aviation Administration (FAA) Regional Director about local airports. • Expressed concern about IT issues plaguing municipalities in Alaska. • Met with the City Manager regarding 3 service contract agreements and they should be ready to come before the Assembly shortly. MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer reported on his meeting with the Manager and the FAA Regional Director. He noted that in addition to the airport, they discussed activities at the rocket launch facility and the related issue of trajectories over water and its effects on closure of Kodiak fisheries. The Alaska Department of Transportation completed significant work on Rezanof Drive and the right-of-ways have been cleared. He met with a number of people over the week in regards to potentially serving on the Planning and Zoning Commission. The Assembly is also looking for people to serve on the Kodiak Consolidation Committee. Kodiak Island Borough Assembly Regular Meeting Minutes August 2, 2018 Page 2 of 8 UNFINISHED BUSINESS Contract No. FY2018-32 Approving a 55 -Year Lease to Fire Service Area 1. The motion on the floor which was to "move to authorize the Manager to execute Contract FY2018-32." This contract was the next step in disposal of this property by lease. Planning and Zoning voted to dispose of this property by lease to Fire Protection Service Area 1 (FPSA1) in P&Z case no. 17-022. Kodiak Island Borough Assembly upheld that finding in Resolution No. FY2018-033. Approval of this resolution authorized the signing and execution of a 55 -year lease by the Manager's office. The disposal by lease of this property was delayed following approval by Planning and Zoning because the Service Area 1 chairman purported that a utility building on the property is owned by Service Area 1 and should not be disposed of by lease to Fire Service Area 1. Historically the property that houses the Bayside Fire Department was leased by Fire Service Area #1 (FSA1) from the Kodiak Island Borough (KIB). Throughout the years FPSA1 made improvements to the lot including installation of a generator, utility shed, removal of junk, and construction of numerous Fire Training apparatuses. FPSA1 had been solely responsible for maintenance, upkeep, insurance, and security of the premises. The utility building was constructed in 1986 and added by addendum to the Lakeside Subdivision Water and Sewer Expansion project, which installed water and sewer on Cliffside, Abercrombie, Parkside, and Otmeloi roads. It is unclear from construction plans what the need for the building was, but it had been speculated that the double -garage door utility building was necessary to house materials during construction. The utility building construction was a lump sum bid item, and was funded with the State of Alaska and Kodiak Housing Authority monies that paid for construction of the water and sewer expansion. The Borough is referenced as the owner in the building permit. In 1996, the voters of Service Area 1 opted to return water and sewer service management, maintenance and facility ownership to the City of Kodiak. The transfer of operation of the water and sewer facilities included "all capital assets" to the City of Kodiak. Staffs interpretation of the transfer is that the utility building located on the Bayside Fire Department lot was included in that transfer. Staff was unable to recover documentation demonstrating that the City formally declined to take possession of the utility building. Since transfer of the water and sewer facilities to the City of Kodiak, the City has not occupied, used, requested, improved, nor maintained the building. In absence of a formal document declining to take ownership, staff opined that full ownership responsibilities had reverted to Kodiak Island Borough. No documentation was recovered to substantiate the claim that this building is functionally owned by Service Area 1, nor the City of Kodiak. Staff opined that the utility building is owned outright by the Kodiak Island Borough and may legally be leased or disposed of as the Assembly sees fit. The history of Service Area 1's use of the utility building is largely anecdotal, but ownership of the land in the Bayside Lease is quite clear. The original fire department property was expanded when Fire Protection Service Area 1 purchased the privately held parcels adjacent to the original fire hall lease lot. The purchase of this land was funded with FPSA1 funding, and FPSA1 is listed as the purchasing agent on the property transfer documents. At no time did Service Area 1 purchase, maintain, pay for improvements to, clear, or pay for removal of derelict "stuff' on the premises. There is no historical basis for the Service Area's use of 5000 square feet of the Kodiak Island Borough Assembly Regular Meeting Minutes August 2, 2018 Page 3 of 8 Bayside lot. Typically Service Area Contractors are responsible for furnishing their own yards, and this cost is presumably built into the Road Service Contract. By virtue of its founding and operation, a Service Area cannot own property, but the Kodiak Island Borough, who ultimately empowers the service area, can own and lease real property. Service Area 1 voted to re-establish the ENTIRE utility building as a storage facility at their March 28, 2018 meeting. During a site visit on July 17, 2018, staff was unable to substantiate the claim that the Service Area currently stored any equipment, supplies, or otherwise within the utility building, though there were 4 supersacks of calcium chloride skidded on grade on the Fire Protection Area's property. Storage of equipment, supplies, chemicals, or other property on the Bayside Fire Property carried with it significant insurance, security, environmental, traffic, and hazardous materials risks. The multiple tenants within a single building significantly increased these risks. SYMMONS declared a potential conflict of interest. MAYOR ROHRER ruled that it was a conflict of interest. KAVANAUGH appealed the ruling of the chair. ROLL CALL VOTE ON THE APPEAL SUSTAINED THE RULING THREE TO THREE: Crow, Smiley, and Van Daele (Ayes); Kavanaugh Schroeder, and Skinner (Noes). The motion to appeal the ruling of the chair required a majority vote to carry. In a tie vote, the ruling of the Chair was sustained. CROW moved to postpone Contract No. FY2018-32 to the regular meeting of September 20. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Smiley, Van Daele, and Crow. 2. Contract No. FY2016-44A Amending Contract No. FY2016-44 Employment Agreement Between The Kodiak Island Borough and The Borough Manager. The motion on the floor which was to "Move to approve Contract No. FY2016-44A Amending the Employment Contract Between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager." This contract was presented to the Assembly on June 21 and it was postponed to August 2. The Assembly directed the Mayor and the DPO to negotiate with the manager regarding the salary provisions of the manager's contract. An executive session was also scheduled for the July 5 regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Smiley, Symmons, Van Daele, Crow, and Kavanaugh. NEW BUSINESS Contracts None. Kodiak Island Borough Assembly Regular Meeting Minutes August 2, 2018 Page 4 of 8 Resolutions 1. Resolution No. FY2019-06 Approving FY2019 Non-profit Funding. VAN DAELE moved to adopt Resolution No. FY2019-06 and authorize the Manager to execute agreements and funding as described in the resolution. CROW moved to amend Resolution No. FY2019-06 to divide funding equally among the small grant recipients with the inclusion of the Kodiak Area Mentor Program at $4200 each. SYMMONS moved to amend the motion to reduce each small grant to $4100 and fund the Special Olympics at $1000. ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT CARRIED FIVE TO TWO: Skinner, Symmons, Van Daele, Kavanaugh, and Schroeder (Ayes); Smiley and Crow (Noes). ROLL CALL VOTE ON MOTION TO AMEND AS AMENDED CARRIED UNANIMOUSLY: Smiley, Symmons, Van Daele, Crow, Kavanaugh, Schroeder, and Skinner. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Symmons, Van Daele, Crow, Kavanaugh, Schroeder, Skinner, and Smiley. 2. Resolution No. FY2019-08 Appointing A Member To The Kodiak Fisheries Development Association. VAN DAELE moved to adopt Resolution No. FY2019-08. The Kodiak Island Borough and the City of Kodiak jointly designated the Kodiak Fisheries Development Association (KFDA) as the Eligible Crab Community Entity (ECCE). The by-laws of the KFDA provide for the appointment of directors to the Board by the Kodiak Island Borough Assembly and the Kodiak City Council for three-year terms. Mr. Tuck Bonney's and Mr. Jerry Bongen's seats/terms expired July 2017. Mr. Tuck Bonney and Mr. Jerry Bongen had indicated their desire to be reappointed. These seats were also advertised on the Kodiak Daily Mirror, the website, and social media. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, Kavanaugh, Schroeder, Skinner, Smiley, and Symmons. Ordinances for Introduction None. Other Items 1. Approval Of A Letter Of Support To Kodiak Area Native Association's Application To The Health Resources And Services Administration Service Area Competition Funding. CROW moved to approve the letter of support to Kodiak Area Native Association's application for the Health Resources And Services Administration Service Area Competition Funding. Kodiak Island Borough Assembly Regular Meeting Minutes August 2, 2018 Page 5 of 8 On July 24, 2018, the Borough Mayor received a request for a letter of support from the Kodiak Area Native Association (KANA). KANA was preparing an application in response to the Health Resources and Services Administration Service Area Competition notice of funding opportunity. KANA had been providing primary health care services to all residents living in the village communities since 2013 and expanded their service area in 2015 to encompass all residents in all communities. If funded, KANA will continue to ensure access to affordable, quality primary health care services for communities and vulnerable populations currently served by KANA. The letter of support was due on Friday, August 17, 2018. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Kavanaugh, Schroeder, Skinner, Smiley, Symmons, and Van Daele. 2. Declaring A Seat Vacant On The Planning And Zoning Commission (Mr. Jay Baldwin). SKINNER moved to accept, with regret, the resignation of Mr. Jay Baldwin, effective July 23, 2018, from the Planning and Zoning Commission for a term to expire December 2019, and direct the Borough Clerk to advertise the vacancy per Borough code. On July 23, Mr. Baldwin submitted his resignation from the Planning and Zoning Commission for a term to expire December 2019. This resignation will be effective July 23, 2018. 2.100.070 Vacancies. A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Smiley, Symmons, Van Daele, and Crow. CITIZENS' COMMENTS Scott Arndt asked the Assembly to exempt the Kodiak Island Borough from the Alaska Public Offices Commission financial disclosure requirements. He voiced opposition to the Mayor's ruling of the conflict of interest for Assembly member Symmons. Jeff Stewart spoke concerning parliamentary procedure regarding the ruling on the conflict of interest matter. He spoke concerning hours of operation at the landfill and suggested that the Assembly consider making special provisions in the next contract for waste collection. He also Kodiak Island Borough Assembly Regular Meeting Minutes August 2, 2018 Page 6 of 8 suggested the Assembly consider creating a regular news page in the local paper to inform and educate the public on government activities and issues. ASSEMBLY MEMBERS'COMMENTS Assembly member Schroeder appreciated the time the Assembly put into evaluating the non- profit applications for funding and he looked forward to reviewing the process and improving upon it. Assembly member Smiley felt the discussion of non -profits went well and the Assembly was willing to work with one another to compromise and accomplish the task. Assembly member Crow spoke regarding concerns emerging from various service area boards and commented on the precedent that could be set by a conflict of interest ruling. He noted that he was not running for re-election and encouraged people to file for candidacy. Assembly member Kavanaugh appreciated the level of service and sacrifice from members of the community. Invited the public to volunteer, contribute, and engage with non -profits in the community. She cautioned that the Assembly should be careful with how the tourism fund is used in the future. She hoped that the Assembly would soon have an update on the Spaceport Kodiak facility. She appreciated that the manager mentioned All The Queen's Horses and encouraged the public to view the film. Assembly member Symmons admired the public's attendance of the meeting, thanked the service district members who came, thanked Johnny Walker for extending an invitation to visit the Kodiak Island Food Bank, and expressed gratitude for the direction the Assembly gave to the service district chairs at the meeting. He suggested that the Borough hire someone to provide training for non-profit entities in an effort to help them raise funds on their own. Thanked James Turner for running for a seat on the Assembly. He addressed the idea of opting out of the financial disclosure requirements for the Alaska Public Office Commission for the Planning and Zoning Commission. Assembly member Skinner discussed the attorney hiring process. She noted that a discussion regarding hours of operation at the landfill is scheduled for the work session on August 30 and she looked forward to having the non-profit process debrief discussion soon. She stated that she was interested in hearing more about Bayview Service District's proposal for vacation of right-of- way. She reminded the public that Assembly is looking for applicants to serve on the Kodiak Consolidation Committee. She commented on the process of ruling on conflicts of interest issues. Assembly member Van Daele encouraged members of the public to get involved in the community through volunteerism and to run for public office. Announcements Kodiak Island Borough Assembly Regular Meeting Minutes August 2, 2018 Page 7 of 8 Mayor Rohrer announced the following: The next Assembly work session is scheduled on Thursday, August 09, 2018 at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, August 16, 2018 at 6:30 p.m. in the Borough Assembly Chambers. The Notice of Public Meetings and assembly meeting agendas were available on the KIB website, posted on the KIB Facebook page, and were also posted at the library, Safeway, and Borough building. Those who do not have internet, may call the Borough meeting notification line at 486-9315. The Primary Absentee -In -Person voting will start on Monday, August 6, 2018 in the Clerk's office from 9 a.m. to 4 p.m. The deadline to submit Absentee -By -Mail application is August 11, 2018. The Primary election will be on August 21, 2018. The polls will be open from 7 a.m. to 8 p.m. The Candidacy packets for Assembly/School Board seats and Service Area Board seats were available online and in the Borough Clerk's Office. Please call 486-9310 for additional information. The deadline for filing is August 15 by 4:30 p.m. ADJOURNMENT SCHROEDER moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 10:27 p.m. AT'EST: Nova M. Javier, MMC, B rough Clerk v KODIA ISLAND BOROUGH Daniel A. Rohrer, Mayor Approved on: October 18, 2018 Kodiak Island Borough Assembly Regular Meeting Minutes August 2, 2018 Page 8 of 8