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04/18/2019 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting April 18, 2019 A regular meeting of the Kodiak Island Borough Assembly was held on April 18, 2019, 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 Scott Arndt, Julie Kavanaugh, Rebecca Skinner, Scott Smiley, Dennis Symmons, and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Tara Welinsky, and Deputy Clerk Alise Rice. ARNDT moved to excuse Assembly member Schroeder who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda and the consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Special Meeting Minutes of March 11, 2019; and Regular Meeting Minutes of March 7, 2019, March 21, 2019 and April 4, 2019 were approved under consent agenda. CITIZENS' COMMENTS The following spoke under citizens' comments: • Major David Davis • Bayside Chief Howard Rue • Stosh Anderson • Patrick O'Donnell • Jeff Stewart AWARDS AND PRESENTATIONS Mayor Rohrer declared April 2019 as Child Abuse Prevention Month and called upon all citizens to increase their participation in efforts to prevent child abuse, thereby strengthening the communities in which we live. The proclamation was accepted by Joanna McFarlin, Director of KANA Child Advocacy Center. Mayor Rohrer declared April 2019 as Sexual Assault Awareness Month and encouraged all residents to support local activates and programs, which assist victims, and to learn more about the pervasiveness of sexual assault in Alaska so that we may eliminate this heinous crime. The Kodiak Island Borough Assembly Regular Meeting Minutes April 18, 2019 Page 1 of 6 proclamation was accepted by Beth Davis, Outreach Coordinator for Kodiak Women's Resource Center. Manager Powers presented Longevity Awards to Amy Geer, 5 Years, Accounting and Payroll Technician. Jeanne Friel, 10 Years, Assessment Clerk. and Jeff Johnson, 20 Years, Baler Operator II. He also presented the Employee of the Quarter award to Lauri Whiddon, Human Resources Officer. Received a third quarter budget presentation from Dora Cross, Finance Director. COMMITTEE REPORTS Mayor Rohrer attended the Local Emergency Planning Committee Meeting. There was discussion regarding Crab Fest and new inundation zones. PUBLIC HEARING State Of Alaska Alcohol And Marijuana Control Office New Application For A Retail Marijuana Store From High Rise, LLC, Licensee Jack Schactler, KAVANAUGH moved to voice non -protest to the issuance of a new license for a retail marijuana store for High Rise, LLC. On February 28, 2019 the Kodiak Island Borough Clerk's Office received the notification regarding the attached license application for a retail marijuana store from High Rise, LLC. To protest the approval of this application(s) pursuant to 3 AAC 306.060, KIB must furnish the Alcohol & Marijuana Control Office (AMCO) director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice (by April 29, 2019), and provide AMCO proof of service of the protest upon the applicant. Mayor Rohrer opened the public hearing. The following spoke under citizens' comments: • Justin Thran Mayor Rohrer closed the public hearing and convened the regular meeting. SYMMONS moved to allow Assembly member Kavanaugh to abstain from voting. ROLL CALL VOTE ON THE MOTION TO ALLOW ASSEMBLY MEMBER KAVANAUGH TO ABSTAIN CARRIED FOUR TO ONE: Skinner, Smiley, Symmons, and Turner (AYES); Arndt (NO). ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Arndt, Skinner, Smiley, Symmons, Turner, Kavanaugh (Abstained). Clerks' Note: KIBC 2.30.070 Ordinances, resolutions, and motions. Section F. Kodiak Island Borough Assembly Regular Meeting Minutes April 18, 2019 Page 2 of 6 1. Voting. All assembly members present shall vote unless the assembly for special reason permits a member to abstain, except no assembly member may vote on a question in which he has a substantial financial interest. All motions to excuse a member shall be made before the call of "ayes" and "noes" is commenced, and any member requesting to be excused from voting may make a brief statement of the reasons for making such a request, and the vote shall be taken without further debate. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Attended the Local Emergency Planning Committee Meeting, where Chief Mullican presented the informational presentation from National Weather Service. • Met with staff and our architect to discuss the functional difficulties of our building. • Had multiple communications with our lobbyist and staff representatives regarding the Governor's budget, House budget and constitutional amendments. • Met with department staff to discuss various staffing issues, cause of turnover, and the status of recruitments. • Reviewed the solid waste collection contract with staff. • Met with Kodiak Baptist Mission regarding an upcoming event on Woody Island. • Stop the Bleed Training, sponsored by the City of Kodiak. • Approved KANA removing several damages trees near Sharatin and Rezanoff. • Attended the Chamber of Commerce meeting, ComFish was a success and the Tustumena may not be back into service in time for Crab Fest. • No off -island traveling scheduled at this time. MESSAGES FROM THE BOROUGH MAYOR Borough Mayor Rohrer reported on the following: • Attended the School District Budget Meeting, where I was able to share how the state budget cuts will impact the Borough. • Attended the Kodiak Round Table with the Borough Clerk. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions None. Ordinances for Introduction Kodiak Island Borough Assembly Regular Meeting Minutes April 18, 2019 Page 3 of 6 1. Ordinance No. FY2019-14 Amending Kodiak Island Borough code of Ordinances To Set An Excise Tax Rate in Title 3 Revenue And Finance Chapter 3.45 Severance Tax Section 3.45.020 Resources Subject To Tax. SKINNER moved to advance Ordinance No. FY2019-14 to public hearing at the May 16, 2019, regular meeting of the assembly. This ordinance does not change the current severance tax rate. It makes it a constant rate instead of being the sum of the area -wide mill rate. Due to the recently passed tax revenue cap, the area -wide mill rate may change annually. This ordinance makes the severance tax rate a constant rate of 0.01075, which will make budget planning for both the Borough and those paying the tax more reliable and consistent. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Smiley, Turner, Arndt and Mayor Rohrer (AYES); Skinner, Symmons, and Kavanaugh (NOES). Ordinance No. FY2019-01C Amending Ordinance No. FY2019-01, Fiscal Year 2019 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. KAVANAUGH moved to advance Ordinance No. FY2019-01C to public hearing at the next regular meeting of the Assembly. This ordinance details changes and accounts for additional funding requests that have occurred during the current fiscal year for items or circumstances that were not known or expected during the initial creation of the fiscal year 2019 budget. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Turner, Arndt, Kavanaugh, and Skinner. 3. Ordinance No. FY2019-19 Amending Title 3 Revenue And Finance, Chapter 3.30 Contract, Purchase, Sale, And Transfer Procedure, Section 3.30.100 Change Order - Manager Authority. ARNDT moved to advance Ordinance No. FY2019-19 to public hearing at the next regular meeting of the Assembly. This ordinance would change the current limitation for change orders under the manager's authority from $200,000 to $50,000. Change orders above this amount would require approval of the Mayor and one Assembly Member with the most construction experience designated by the Mayor. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Symmons, Arndt, Kavanaugh, Skinner, and Smiley (AYES); Turner (NO). Other Items Kodiak Island Borough Assembly Regular Meeting Minutes April 18, 2019 Page 4 of 6 1. Declaring A Seat Vacant On The Planning And Zoning Commission (Mr. Chris Hatch). ARNDT moved to accept with regret, the resignation of Mr. Chris Hatch effective April 2019 for a term to expire December 2019 and direct the Borough Clerk to advertise the vacancy per Borough code. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Kavanaugh, Skinner, Smiley and Simmons. 2. Appointment To The Prince William Sound Regional Citizens' Advisory Council Kodiak Village Mayors Association (Conrad Peterson). KAVANAUGH moved to confirm the mayoral recommendation of Mr. Conrad Peterson to the Prince William Sound Regional Citizens' Advisory Council, Kodiak Village Mayor's Association seat for a two-year term to expire May 2021. The Clerk's office received one nomination letter from the City of Old Harbor for Mr. Conrad Peterson. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Kavanaugh, Skinner, Smiley, Simmons and Turner. CITIZENS' COMMENTS The following spoke under citizens' comments: • Betty McTavish • Justin Thran • Jeff Stewart ASSEMBLY MEMBERS' COMMENTS Assembly Member Arndt commented on the city seat of Planning and Zoning. Commented on the 17B Easements presentation at the last work session. Assembly Member Kavanaugh mentioned some of the Governor's nominees were not confirmed. Commented on a backlog of kelp permits. Assembly Member Skinner solicited applicants for the Consolidation Committee. Remarked on the confirmation hearing for the Board of Fish. Assembly Member Smiley made no comment. Assembly Member Symmons thanked the public, and Chief Rue for addressing fire burn permits. Commented on the 17B easements. Assembly Member Turner gave an update on fishing. Glad to hear about the Tustumena coming into service again soon. Attended the SHIELD event. Gave a Salmon Fisheries Work Group update. Announcements Kodiak Island Borough Assembly Regular Meeting Minutes April 18, 2019 Page 5 of 6 The next Assembly work session is scheduled for Thursday, April 25, 2019, at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, May 2, 2019, at 6:30 p.m. in the Borough Assembly Chambers. Absentee -By -Mail ballot applications are now available in the Borough Clerk's Office and on the Borough's website. This year's municipal election will be held on Tuesday, October 1, 2019. For more information, please call the Clerk's Office at (907) 486-9310. EXECUTIVE SESSION I. Borough Clerk's Evaluation Form SKINNER moved to convene into executive session to discuss the Borough Clerk's Evaluation Forms, a matter which might include a discussion that could potentially prejudice of the reputation and character of the Borough Clerk. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Kavanaugh, Skinner, Smiley, Symmons, Turner and Arndt. SKINNER moved to invite the Mayor and the Assembly into executive session. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting at 9:17 p.m. and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting at 9:50 p.m. and announced that no action was taken as result of the executive session. ADJOURNMENT ARNDT moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 9:50 p.m. 4 Kodiak Island Borough April 18, 2019 KODIA SLAANND BOROUGH Daniel A. Rohrer, Mayor Approved on: May 2, 2019 Assembly Regular Meeting Minutes Page 6 of 6