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11/07/2019 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting November 7, 2019 A regular meeting of the Kodiak Island Borough Assembly was held on November 7, 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 Roberts led the Pledge of Allegiance. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Andy Schroeder, Rebecca Skinner, Duane Dvorak, and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Tara Welinsky and Assistant Clerk Lina Cruz. Arndt moved to excuse Assembly member Symmons and Assembly member Kavanaugh who were 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 Arnd moved to amend the agenda and consent agenda by adding Resolution No. FY2020-08 to public hearing. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY. VOICE VOTE ON MAIN MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Of October 17, 2019. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) The following spoke under citizen's comments: • Scott Smiley • Dave Davis • Don Roberts • Matt Gandel AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS Kodiak Island Borough Assembly Regular Meeting Minutes November 7, 2019 Page 1 of 11 • Turner reported on the Consolidation Committee meeting discussion regarding districting and renaming the collective of the City and Borough. He also reported on Providence and their new strides with mammogram machines and technology. • Skinner reported on the Prince William Sound RCAC and stated DEC is seeking public comments until January 15, 2020. th PUBLIC HEARING 1. Resolution FY2020-08 Hazard Mitigation Plan This ordinance was previously scheduled for public hearing on December 19, 2019 Arndt moved to amend the postponement of Resolution FY2020-08 from the December 1911 meeting to today's meeting. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO ONE: Arndt, Dvorak, Skinner, and Turner (AYES); Schroeder (NO). CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) The following spoke under citizen's comments: • David Conrad Mayor closed the public hearing. ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Dvorak, Schroeder, Skinner, Turner, and Arndt. BOROUGH MANAGER'S REPORT • Met with KISA to work on the new lease for the Salonie Creek Range. • Met with the owner of Kodiak Motor Sports regarding on -road use of "off-road" vehicles and the legal issues involved. • Notified state about short- and long-term solutions to Leachate Treatment Plant. • Met with staff on various issues including personnel, budgets, bid handling processes and related items. MESSAGES FROM THE BOROUGH MAYOR • Spoke about the letter that Mr. Smiley presented — State Initiative Puts Alaska's Coastal Communities at Risk by Mike Munger, Executive Director, Cook Inlet Regional Citizens Advisory Council. UNFINISHED BUSINESS None. NEW BUSINESS Reorganization of the Kodiak Island Borough Assembly 1. Election of the Deputy Presiding Officer. Kodiak Island Borough Assembly Regular Meeting Minutes November 7, 2019 Page 2 of 11 Arndt moved to postpone the election of Deputy Presiding Officer to the next Assembly regular meeting of December 5, 2019. ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Turner, Arnd, and Dvorak. Contracts- None Resolutions 1. Resolution No. FY2020-13 Adopting the Capital Improvement Priorities List For The 2020 State Legislative Session. Arndt moved to adopt Resolution No. FY2020-13. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Turner, Arndt, Dvorak, and Schroeder 2. Resolution No. FY2020-14 Adopting the Federal Program And Capital Improvement Priority List for Federal Fiscal Year 2020. Arndt moved to adopt Resolution No. FY2020-14. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Dvorak, Schroeder. and Skinner. A. Ordinances For Introduction None B. Other Items 1. Assembly Approval Of An Assembly Candidate To The Alaska Municipal League Board of Directors District 10 Seat. Skinner moved to nominate Scott Arndt and Julie Kavanaugh for the Alaska Municipal Board of Directors, District 10 seat. Skinner moved to approve the candidacy of Assembly member Scott Arndt to the Alaska Municipal Board of Directors, District 10 seat. 2. Appointment Of The Voting Delegate For The Kodiak Island Borough At The Alaska Municipal League Business Meeting. Skinner Moved to appoint Assembly member Scott Arndt as the voting delegate for the Kodiak Island Borough at the Alaska Municipal League Business Meeting. The Kodiak Island Borough is a member of the Alaska Municipal League and sends delegates to attend the annual conference each year. An important part of the Annual Local Government Conference is to discuss and approve the AML Legislative Priorities, Position Statements and adopt Resolutions on key legislative issues. The process is completed at the Annual Business Meeting on Friday, November 22nd where the membership will review and adopt the 2019/2020 documents. Kodiak Island Borough Assembly Regular Meeting Minutes November 7, 2019 Page 3 of 11 Although multiple attendees are sent to AML and all members could be in attendance during the annual business meeting, the Kodiak Island Borough is entitled to only one vote. In the past, the Mayor served as the voting delegate for the Borough. He is unable to attend the business meeting, discussion is important so that the person who will be voting on behalf of the Borough knows the official position of the majority of the Assembly. The following Assembly member will be in attendance during the business meeting: Scott Arndt. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Schroeder, Skinner, and Turner. 3. Mayoral Appointments Of Assembly Member Representatives To Different Boards, Committees, and Commissions. Arndt Moved to confirm the mayoral appointments of assembly member representatives to different Boards, Committees, and Commissions as reflected in the attached list. Kodiak Island Borough Assembly Regular Meeting Minutes November 7, 2019 Page 4 of 11 Assembly Board or Committee Rep 10/2019- 10/2020 (Mayor to fill out) Architectural Review Board, KIBC 2.125 DVORAK Borough Lands Committee, KIBC 2.160 SCHROEDER Two appointees "Mayor serves on this committee as well ARDNT Emergency Services Council, KIBC 2.110 ROBERTS Mayor is assigned to a seat Joint Building Code Review Committee, SYMMONS KIBC 15.45 Kodiak College Council TURNER Kodiak Fisheries Work Group (Adhoc) SKINNER Two Appointees plus one alternate KAVANAUGH Kodiak Fisheries Advisory Committee, Res SCHROEDER FY07-38 Parks and Recreation Committee, KIBC SYMMONS 2.120 Providence Health System Service Area SKINNER Board, KIBC 8.05 School District Budget Advisory Committee TURNER Kodiak Island Borough Assembly Regular Meeting Minutes November 7, 2019 Page 4 of 11 School District Facilities Review ARDNT Committee School District Strategic Planning KAVANAUGH Committee Solid Waste Advisory Board, KIBC 2.145 DVORAK *SWAMC Board Seat — Kodiak Municipal SKINNER Seat, President Until Spring of 2019 (New appointee will start after SWAMC March Annual Conference) *AML Board — District 10 Seat — Exp. 2020 ARNDT Two-year term ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Schroeder, Skinner, Turner. and Arndt. 4. Assembly Review and Taking Official Action In Support To The Following Alaska Municipal League Resolutions: Resolution #2019-01 A resolution in support of the development of a Community Dividend. Resolution #2019-02 A resolution requesting that the Alaska State Legislature fund the Senior Citizen's/Disabled Veteran's property tax exemption as required in AS 29.45.030(g). Resolution #2019-03 A resolution in support of full funding from the State of Alaska for school bond debt reimbursement and State aid for construction in Regional Education Attendance Areas Resolution #2019-04 A resolution supporting legislation adopting real property sales disclosure in Alaska. Resolution #2019-05 A resolution supporting increased investment in the Alaska Renewable Energy Fund, and continued support for existing State energy and energy efficiency programs. Resolution #2019-06 A resolution supporting the State's implementation of a broad-based tax. Resolution #2019-07 A resolution requesting that Title 29 be amended to remove the audit requirement for Community Assistance, and provide a one-time waiver of past audit requirements, thereby releasing all outstanding Community Revenue Sharing/Assistance funds. Resolution #2019-08 A resolution encouraging the Governor and Legislature to increase capacity within the Office of Management and Budget to evaluate costs to communities of State and Legislative budget and legislative actions, and to include a municipal impact fiscal note in all relevant legislation. Resolution #2019-09 A resolution requesting that the Governor and Alaska State Legislature provide a one-time payoff of PERS arrearages. Resolution #2019-10 A resolution in support of changing the transferability of limited entry salmon permits by allowing an additional name on the permit. Resolution #01-2020 In support of reinstatement of State funding for the Code Blue program and Local Emergency Planning Committees. Kodiak Island Borough Assembly Regular Meeting Minutes November 7, 2019 Page 5 of 11 Resolution #02-2020 Encouraging the Legislature to meet as the Assembly of the Unorganized Borough, and to take up its governance as required by the Constitution. Resolution #03-2020 Opposing decisions by DOT&PF to increase their indirect rates; supporting increased funding for the Community Transportation Program; and encouraging policy to enable local -delivered projects and locally managed federal funds. Resolution #04-2020 Expressing support for rural law enforcement efforts such as the VPO and VPSO program, while recognizing the need for increased investment and the potential for reform to ensure both public safety and the sustainability of law enforcement efforts in rural Alaska. Resolution #05-2020 Opposing any increase to the required minimum local contribution or decreases to State funding levels; removing the maximum local contribution allowable; and considering Impact Aid as part of the local contribution. Resolution #06-2020 Expressing appreciation of DEC's policy to test for and analyze a full suite of PFAS compounds; requesting that State and Federal action on PFAS continue, including to establish PFAS compounds as eligible for funding, and set allowable limits and standards for cleanup. Resolution #07-2020 Expressing support for reform to PERS that includes a complete pay -down of the unfunded liability; conditionally, requesting that the State also conduct termination studies, small or struggling employers be allowed to opt out of the system, and that the high interest rate on non-payment be eliminated. Resolution #08-2020 In support of economic, resource and infrastructure development that benefits local governments, the State of Alaska, and Alaska residents. Resolution #09-2020 Supporting all and diverse efforts that contribute to a complete count during the U.S. Census. Resolution #10-2020 Supporting full payment of currently obligated school bond debt reimbursement; opposing an extension to the school bond debt reimbursement moratorium; and supporting a careful and deliberate reform of State support of school construction and maintenance. Resolution #11-2020 Encouraging the State of Alaska to develop a plan to transfer authority to accept federal funds from the State directly to local governments or their designee. Resolution #12-2020 Supporting the effort to maximize local self-government, respect local control, and encourage the State to provide funding for the adoption of powers and incorporation, including borough formation where feasible. Resolution #13-2020 Supporting reform of the USDA Forest Service Secure Rural Schools program to include long-term certainty and sustainability of funding. Resolution #14-2020 In support of reform of the PILT funding formula to extend multipliers to smaller population counties (boroughs). Resolution #15-2020 Supporting the Legislature's efforts toward consensus on the Permanent Fund Dividend. Resolution #16-2020 Supporting the sustainability of the Alaska Universal Service Fund (AUSF) and increased investment in rural infrastructure and affordability. Resolution #17-2020 Opposing any State action that would diminish the ability of local governments to tax or receive a share of State tax on local economic activity. Kodiak Island Borough Assembly Regular Meeting Minutes November 7, 2019 Page 6 of 11 Resolution #18-2020 Considering unacceptable the reductions to funding for the Alaska Marine Highway System in FY20 and the changes to the winter schedule; opposing any further reduction to the System's budget and supporting reform that is sustainable and responsive to the needs of coastal communities. Resolution #19-2020 Opposing any further reductions to Community Assistance and in support of an appropriation to the Community Assistance Fund that would bring the Fund total back up to $90 million. Resolution #20-2020 Supporting full funding ($12,145,312) for the State of Alaska Municipal Harbor Facility Grant Program in the FY21 budget. Resolution #21-2020 Supporting Amendments to AS 29.45.500 to Require Municipalities to Pay Reasonable Interest on Tax Refunds. It has been the practice of the Borough Assembly to discuss the AML resolutions prior to the Annual Local Government Conference. A voting delegate will be appointed to carry out the wishes of the Assembly during the AML business meeting. Skinner moved to support the following AML Resolutions: • Resolution #2019-02 A Resolution Requesting That The Alaska State Legislature Fund The Senior Citizen's/Disabled Veteran's Property Tax Exemption As Required In AS 29.45.030(G) • Resolution #2019-03 A Resolution In Support Of Full Funding From The State Of Alaska For School Bond Debt Reimbursement And State Aid For Construction In Regional Education Attendance Areas • Resolution #2019-04 A Resolution Supporting Legislation Adopting Real Property Sales Disclosure In Alaska • Resolution #2019-08 A Resolution Encouraging The Governor And Legislature To Increase Capacity Within The Office Of Management And Budget To Evaluate Costs To Communities Of State And Legislative Budget And Legislative Actions, And To Include A Municipal Impact Fiscal Note In All Relevant Legislation • Resolution #01-2020 In Support Of Reinstatement Of State Funding For The Code Blue Program And Local Emergency Planning Committees • Resolution #04-2020 Expressing Support For Rural Law Enforcement Efforts Such As The VPO And VPSO Program, While Recognizing The Need For Increased Investment And The Potential For Reform To Ensure Both Public Safety And The Sustainability Of Law Enforcement Efforts In Rural Alaska • Resolution #06-2020 Expressing Appreciation Of DEC's Policy To Test For And Analyze A Full Suite Of PFAS Compounds; Requesting That State And Federal Action On PFAS Continue, Including To Establish PFAS Compounds As Eligible For Funding, And Set Allowable Limits And Standards For Cleanup • Resolution #08-2020 In Support Of Economic, Resource And Infrastructure Development That Benefits Local Governments, The State Of Alaska, And Alaska Residents • Resolution #09-2020 Supporting All And Diverse Efforts That Contribute To A Complete Count During The U.S. Census Kodiak Island Borough Assembly Regular Meeting Minutes November 7, 2019 Page 7 of 11 • Resolution #12-2020 Supporting The Effort To Maximize Local Self -Government, Respect Local Control, And Encourage The State To Provide Funding For The Adoption Of Powers And Incorporation, Including Borough Formation Where Feasible • Resolution #13-2020 Supporting Reform Of The USDA Forest Service Secure Rural Schools Program To Include Long -Term Certainty And Sustainability Of Funding • Resolution #14-2020 In Support Of Reform Of The PILT Funding Formula To Extend Multipliers To Smaller Population Counties (Boroughs) • Resolution #15-2020 Supporting The Legislature's Efforts Toward Consensus On The Permanent Fund Dividend • Resolution #16-2020 Supporting The Sustainability Of The Alaska Universal Service Fund (AUSF) And Increased Investment In Rural Infrastructure And Affordability • Resolution #17-2020 Opposing Any State Action That Would Diminish The Ability Of Local Governments To Tax Or Receive A Share Of State Tax On Local Economic Activity • Resolution #19-2020 Opposing Any Further Reductions To Community Assistance And In Support Of An Appropriation To The Community Assistance Fund That Would Bring The Fund Total Back Up To $90 Million • Resolution #20-2020 Supporting Full Funding ($12,145,312) For The State Of Alaska Municipal Harbor Facility Grant Program In The FY21 Budget • Resolution #21-2020 Supporting Amendments To AS 29.45.500 To Require Municipalities To Pay Reasonable Interest On Tax Refunds ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Turner, Arndt, and Dvorak. Arndt moved to support AML Resolutions #2019-01. ROLL CALL VOTE ON THE MOTION FAILED UNANIMOUSLY: Skinner, Turner, Arndt, Dvorak, and Schroeder. Arndt moved to support Resolution #2019-05. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Dvorak, Schroeder. and Skinner. Skinner moved to support AML Resolution #2019-06. ROLL CALL VOTE ON THE MOTION FAILED TWO TO THREE: Schroeder and Skinner (AYES); Arndt, Dvorak, Turner (NOES). Arndt moved to support AML Resolution #2019-07. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Dvorak, Schroeder, Skinner, Turner and Arndt. Kodiak Island Borough Assembly Regular Meeting Minutes November 7, 2019 Page 8 of 11 Arndt moved to support AML Resolution #2019-09 ROLL CALL VOTE ON MOTION FAILED THREE TO TWO: Schroeder, Turner, Dvorak (AYES); Skinner and Arndt (NOES). Arndt moved to support AML Resolution #2019-10. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Turner, Arndt, Dvorak, and Schroeder. Arndt moved to support AML Resolution #02-2020. ROLL CALL VOTE ON MOTION FAILED THREE TO TWO: Arndt, Dvorak, Schroeder (AYES); Turner and Skinner (NOES). Arndt Moved to support AML Resolution # 03-2020 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Schroder, Skinner, and Turner. Arndt Moved to support AML Resolution No. 05-2020. ROLL CALL VOTE ON MOTION FAILED ONE TO FOUR: Turner (AYE); Dvorak, Schroeder, Skinner, Arndt (NOES). Arndt moved to support AML Resolution #07-2020. ROLL CALL VOTE ON MOTION FAILED TWO TO THREE: Turner and Dvorak (AYES); Schroeder, Skinner, Arndt (NOES). Arndt moved to support AML Resolution #10-2020 ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Turner, Arndt, Dvorak, Schroeder (AYES); Skinner (NO). Schroeder moved to support AML Resolution #11-2020. ROLL CALL VOTE ON MOTION FAILED TWO TO THREE: Turner and Dvorak (AYES); Arndt, Schroeder, Skinner (NOES). Arndt moved to support AML Resolution #18-2020. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Arndt, Dvorak, Schroeder, Skinner (AYES); Turner (NO). Kodiak Island Borough Assembly Regular Meeting Minutes November 7, 2019 Page 9 of 11 Clerk's: The following motion was considered towards the end of the meeting, during Assembly member comments. Ardnt moved to craft a resolution to encourage the legislature to approve the additional winter funding in the first five days when the legislature convenes in the middle of January. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Schroeder, Skinner, Turner, Arndt, Dvorak (AYES); Turner (NO). 5. Assembly Approval Of The November And December Meeting Schedule. Arndt moved to approve the proposed November and December Meeting Schedule. Assembly Meetings In November And December As Follows: Nov 14 Work Session - Cancelled Nov 21 Regular Meeting - Cancelled Nov 26 Work Session - Starting at 6 PM (Including JWS With the School Board) Dec 5 Regular Meeting Dec 12 Work Session Dec 19 Regular Meeting ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Schroeder, Skinner, Turner, and Arndt. CITIZENS' COMMENTS The following spoke under citizens' comments: • Michael Powers • Justin Thran • Dennis Symmons ASSEMBLY MEMBERS' COMMENTS • Skinner acknowledged Veteran's Day and spoke of the Shared Fisheries Revenue. • Schroeder spoke about a group of citizens that want to bring back Whale Fest. • Turner spoke about recent community functions. • Dvorak spoke about the Hazard Mitigation Plan. • Arndt spoke about the AML resolutions. Announcements The Assembly work session on Thursday, November 14 and the regular meeting scheduled on Thursday, November 21, 2019 has been canceled. The next Assembly work session will be on Thursday, November 26, 2019 in the School District Conference room. EXECUTIVE SESSION None. ADJOURNMENT Kodiak Island Borough Assembly Regular Meeting Minutes November 7, 2019 Page 10 of 11 ARNDT moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. This meeting was adjourned at 9:28 p.m. ATTEST: i L1 'Te elinsky, Boough Clerk Kodiak Island Borough November 7. 2019 KO� K QU LN� B !k - William Roberts, Mayor Approved on: 12/05/2019 Assembly Regular Meeting Minutes Page 11 of 11