KODIAK ISLAND BOROUGH Assembly Regular Meeting. September 1, 2016

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1 KODIAK ISLAND BOROUGH Assembly Regular Meeting September 1, 2016 A regular meeting of the Assembly was held on September 1, 2016, in the Assembly Chambers of the 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, Frank Peterson Jr., Dan Rohrer, Rebecca Skinner, Scott Smiley, and Dennis Symmons. Also present were Borough Manager Michael Powers, Deputy Clerk Angela MacKenzie, and Assistant Clerk Laurie Pardoe. PETERSON moved to excuse Assembly member Larry LeDoux who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA PETERSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular meeting minutes of June 2 and July 7, 2016 were approved under the consent agenda. CITIZENS COMMENTS Barry Altenhof commented that the public should be involved in the process of prepping the Killarney Hills parcels and asked the Assembly to consider the process and proceed carefully. Dave Townsend provided a letter to distribute to the Assembly. Regarding the building codes, he said that the Borough should not yield to the City of Kodiak, as it was not fair that City laws were being forced on everyone. Jonathan Strong, Kodiak Area Transit System (KATS) representative, urged the Assembly to reconsider its nonprofit funding. Judith Strong and Carolyn Pope commented on the benefits they received from using the KATS service. Gretchen Saupe commented on KATS being tied to the emergency services program. She thanked the Assembly for its continued support to the Senior Center. She invited everyone to attend the upcoming Chamber of Commerce business after hours event. Jeff Stephan commented on the Baranof Park parcels up for disposal and requested that the Borough not sell those lots, as they are important to the school and the neighborhood. September 1, 2016 Page 1 of 8

2 Monique Lewis and Scott Bonney noted the petition that was delivered regarding the roads in Chiniak. She commented on changing setbacks, safety concerns, and rewriting of the contract. Stephen Taufen spoke on global accounting and taxation valuations of the timber in Chiniak. He urged the Assembly to look at the audit chain of timber companies that affect Kodiak. Cindy Aquino urged the Assembly to reconsider selling the properties on Baranof for safety issues. The properties could be used for park renovations and upgrades in the future. Sue Norton also spoke opposition of selling the parcels on Baranof. AWARDS AND PRESENTATIONS Craig Campbell, President and Chief Executive Officer of Alaska Aerospace Corporation presented a brief update to the Assembly. Mayor Friend proclaimed September 2016 as Childhood Cancer Awareness Month. COMMITTEE REPORTS Fire Chief Howard Rue noted that a firefighter was able to assist a passenger on a Ravn flight. He gave an updated report on a recent fire. He noted that they were able to sell Squad 10 and were currently looking to buy another piece of equipment. Assembly member Skinner gave an update regarding the Kodiak Fisheries Work Group (KFWG). She appreciated Alaska Department of Fish and Game Commissioner Sam Cotton s attendance to the meeting. She noted the next meeting of the KFWG in which they would be discussing drafting the community protections to include in their comments. Assembly member Symmons reported on the current activities of the Kodiak Workforce Regional Advisory Council (KWRAC) and the forum that it would be putting on was happening on September 23. He encouraged everyone to participate. PUBLIC HEARING 1. Ordinance No. FY Amending Sections of Code Title 18 Borough Real Property, Chapter Real Property Disposal - In General To Address Certain Methods and Means of Borough Land Disposal Process. ROHRER moved to adopt Ordinance No. FY The ordinance had been recommended to the assembly by the Borough Lands Committee (BLC) in order to address certain matters related to borough land disposal and land sales. The BLC established a subcommittee of its members in order to delve into the various provisions of KIBC Chapter Real Property Disposal - In General. The subcommittee met over the course of several months to consider all provisions of KIBC In the end, the subcommittee recommended a fairly limited range of recommended amendments. This recommendation was subsequently reviewed by the full BLC and forwarded on to the assembly with the committee's recommendation. Staff sought a legal review of the ordinance, the proposed changes were summarized, and a version 2 of the ordinance was drafted. Both were attached in the packet. It was recommended that the Assembly amend the original ordinance by substitution. September 1, 2016 Page 2 of 8

3 SKINER moved to postpone Ordinance No. FY to the regular meeting of October 20, ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Crow, Peterson, Rohrer, Skinner, Smiley, and Symmons. BOROUGH MANAGER S REPORT Administrative Official Bill Roberts had nothing to report. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend voiced that he would be forwarding information and recommendations to the Assembly regarding the building codes. UNFINISHED BUSINESS NEW BUSINESS Contracts 1. Contract No. FY A Amending Contract No. FY Twin Creeks Fire Salvage Timber Sale Contract, Between A-1 Timber Consultants, Inc. And The Kodiak Island Borough, To Provide An Exception To Section 11 Timber Operations, Subsection "C", Slash Operations. SKINNER moved to amend Contract No. FY (previously adopted on May 5, 2016) Twin Creeks Fire Salvage Timber Sale Contract Section 11, Timber Operations, Subsection "C" Slash Operations, between A-1 Timber Consultants, Inc. and the, by adopting the contract amendment identified as KIB Contract FY A. Private property owners adjoining borough land have been considering the need to remove both fire damaged and live trees on their respective properties to be salvaged by the borough timber contractor A-1 Timber. While this constitutes a separate arrangement between the property owners and A-1, the best way to remove the timber, with the least amount of disruption to other private property owners, was by bringing the harvested timber out over borough land. This would require climbing and topping to occur on borough land thereby creating additional slash piles. The creation of slash piles within 500 feet of residential properties was not permitted under KIB Contract No. FY , Section 11.C. For this reason staff was recommending that an exception to the standard be allowed by the assembly so that the clearing of neighboring lots may proceed without undue cost to the property owner or the borough for moving slash beyond 500 feet that was generated from outside the designated borough salvage logging area. It was expected that the slash generated from this activity would still be located well more than 200 feet away from the salvage logging boundary and much further from actual residential structures. Staff recommended that a written request form be required from each property owner acknowledging that slash from logging activities on their lot may be stacked within 500 feet of their respective properties. A map depicting the potential lots in question was attached to the packet. September 1, 2016 Page 3 of 8

4 SKINNER moved to postpone Contract No. FY A to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Smiley, Symmons, and Crow. Resolutions 1. Resolutions Accepting The Recommendation Of The Planning And Zoning Commission By Approving Disposal Of The Following Borough Owned Lands: Resolution No. FY , Lots 2 And 3 (As One Lot), Block 38, East Addition Subdivision (P&Z Case No ). Resolution No. FY , A ± 1 Acre Portion of Lot 1A-4, U.S. Survey 3465 (P&Z Case No ). Resolution No. FY , Lot 7A, Block 2, Monashka Bay Subdivision (P&Z Case No ). Resolution No. FY , Lot 5, Block 5, Monashka Bay Subdivision (P&Z Case No ). Resolution No. FY , A ± 20,000 Square Foot Portion Of Lot 29, U.S. Survey 3099 (P&Z Case No ). SKINNER moved to approve Resolution No(s). FY through FY For efficiency, Resolution No. FY through FY were lumped together as one item. Staff presented one staff report and one recommended motion. The Borough Lands Committee suggested, and the Borough Assembly initiated, disposal of several Borough-owned parcels for the purpose of selling the land to the public at a Borough land sale. The intent was to make more land available for residential development. ROHRER moved that the motion be divided and consider Resolution No separately. ROLL CALL VOTE ON MOTION TO DIVIDE THE QUESTION CARRIED FIVE TO ONE: Crow, Rohrer, Skinner, Smiley, and Symmons (Ayes); Peterson (No). ROLL CALL VOTE ON MOTION TO APPROVE RESOLUTIONS NO THROUGH 09 CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Crow, Peterson, and Rohrer. PETERSON moved to postpone Resolution No. FY to the regular meeting of November 17, ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO THREE: Smiley, Peterson, Rohrer, and Friend (Ayes); Symmons, Skinner, and Crow (Noes). Ordinances for Introduction 1. Ordinances Amending the 2008 Comprehensive Plan By Changing The Future Land Use Designation Of The Following Borough Owned Lands From Public Ownership/Facilities To Residential Or Rural Residential: Ordinance No. FY , Lot 7A, Block 2, Monashka Bay Subdivision From Public Ownership/Facilities To Rural Residential (P&Z Case No ). Ordinance No. FY , Lot 5, Block 5, Monashka Bay Subdivision From Public Ownership/Facilities To Rural Residential (P&Z Case No ). September 1, 2016 Page 4 of 8

5 Ordinance No. FY , A ± 20,000 Square Foot Portion Of U.S. Survey 3099 From Public Ownership/Facilities To Urban Residential (P&Z Case No ). Ordinance No. FY , Lots 2 And 3, Block 38, East Addition Subdivision From Public Facilities/Ownership to Urban Residential (P&Z Case No ). Ordinance No. FY , A ± 1 Acre Portion of Lot 1A-4, U.S. Survey 3465 From Public Ownership/Facilities To Urban Residential (P&Z Case No ). SYMMONS moved to adopt Ordinance No(s). FY , FY , FY , FY , and FY in first reading to advance to public hearing at the next regular meeting of the Assembly. For efficiency, Ordinance No(s). FY , FY , FY , FY , And FY were lumped together as one item. Staff presented one staff report and there was one recommended motion. Several parcels identified by resolution as surplus to the public s need did not have Future Land Use Designations that allowed for residential development. Changes in their Future Land Use Designations would allow for subsequent rezones of these parcels, which would in turn allow residential uses. CROW moved that the motion be divided and consider Ordinance No. FY separately. VOICE VOTE ON MOTION TO DIVIDE THE QUESTION CARRIED UNANIMOUSLY. ROLL CALL VOTE ON MOTION ON TO ADVANCE ORDINANCE NO(S). FY , FY , FY , AND FY TO PUBLIC HEARING CARRIED UNANIMOUSLY: Symmons, Crow, Peterson, Rohrer, Skinner, and Smiley. CROW moved to postpone Ordinance No. FY to the regular meeting of November 17, ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FIVE TO ONE: Crow, Peterson, Rohrer, Smiley, and Symmons (Ayes); Skinner (No). 2. Ordinances Rezoning The Following Borough Owned Lands From PL-Public Use Lands District to R1-Single-Family Residential District, R2-Two-Family Residential District, Or RR1-Rural Residential One District: Ordinance No. FY , Lot 7A, Block 2, Monashka Bay Subdivision From PL- Public Use Lands District To RR1-Rural Residential One District (P&Z Case No ). Ordinance No. FY , Lot 5, Block 5, Monashka Bay Subdivision From PL- Public Use Lands District To RR1-Rural Residential One District (P&Z Case No ). Ordinance No. FY , Rezoning A ± 20,000 Square Foot Portion Of Lot 29, U.S. Survey 3099 From PL-Public Use Lands District To R2-Two-Family Residential District (P&Z Case No ). Ordinance No. FY , Lots 2 And 3 (As One Lot), Block 38, East Addition Subdivision From PL-Public Use Lands District To R1-Single-Family Residential District (P&Z Case No ). Ordinance No. FY , A ± 1 Acre Portion of Lot 1A-4, U.S. Survey 3465 From PL-Public Use Lands District To R2-Two-family Residential District (P&Z Case No. September 1, 2016 Page 5 of 8

6 16-031). ROHRER moved to adopt Ordinance No(s). FY , FY , FY , and FY in first reading to advance to public hearing at the next regular meeting of the Assembly. For efficiency, Ordinance Nos. FY , FY , FY , FY , And FY were lumped together as one item. Staff presented one staff report and there was one recommended motion. Several parcels identified by resolution as surplus to the public s need did not have zoning designations that allowed for residential development. Rezoning these parcels from PL-Public Use Lands to a residential zoning district appropriate to the area where each parcel was located would ensure that future site development was consistent with the character of the surrounding neighborhood. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Smiley, Symmons, and Crow. Other Items 1. Approval of the October 4, 2016 Regular Municipal Election Workers. SKINNER moved to appoint the election officials for the upcoming October 4, 2016 Municipal Election as listed in the memo submitted by the Borough Clerk. Per KIBC Election officials, the assembly shall appoint at least three election officials in each precinct to constitute the election board of that precinct. The clerk was the election supervisor. One election official shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The clerk may appoint additional election officials at any polling place where they were needed to conduct an orderly election and to relieve other election officials of undue hardship. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Peterson, Rohrer, Skinner, Smiley, and Symmons. CITIZENS COMMENTS Alan Schmidt expressed his disappointments on what he felt was an arrogant power exercised by elected officials. He also noted rudeness and disrespect to board members which he said resulted in difficulty of recruiting members. Stephen Taufen encouraged the Assembly to protect Kodiak resources. He wanted them to be aware and watchful about the potential tax income that could come from proper timber valuation. Charlie Davidson phoned to thank the Assembly regarding the postponement of the disposal of the Baranof properties. Costas Genopolous commented about the eviction notices Jackson s Mobile Home Park (JMHP) owners received. He mentioned the difficulties and road blocks owners are experiencing. September 1, 2016 Page 6 of 8

7 City Council member John Whiddon supported his neighbors comments regarding the properties on Baranof Street. EXECUTIVE SESSION 1. Discuss Negotiation Options And Litigation Tactics And Strategies: State Of Alaska, Department Of Environmental Conservation s Notice Of Violation For Kodiak Incinerator Re: Medical Waste Incinerated At Landfill. Executive Session Items 1 and 2 were combined. 2. Discuss Litigation Tactics And Strategies Re: Kodiak High School Construction Claims: Watterson Construction v., 3AN Ci. The Borough Attorney provided an overview of both cases before going into executive session. SKINNER moved to convene into executive session to discuss negotiation options and litigation tactics and strategies: State Of Alaska, Department Of Environmental Conservation s notice of violation for Kodiak incinerator regarding the medical waste incinerated at the Landfill which qualifies for executive session per KIBC and discuss litigation tactics and strategies regarding the Kodiak High School construction claims: Watterson Construction vs. Kodiak Island Borough, 3AN Ci which qualify for executive session per KIBC (f.1.a) potential or pending litigation to which the borough may become or is a party. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, and Symmons, Crow, Peterson Rohrer. SKINNER moved to invite the Borough Mayor, Assembly, Administrative Official, Engineering/Facilities Director, Borough Attorney via teleconference, and Clerk s Office Staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Crow, Peterson, Rohrer, and Skinner. Mayor Friend recessed the regular meeting at 9:08 p.m. and convened the executive session. Mayor Friend reconvened the regular meeting at 9:52 p.m. Mayor Friend announced that no actions were to be taken as a result of the executive sessions. ASSEMBLY MEMBERS COMMENTS Assembly member Crow commented on the nonprofit funding and noted that it was tough to make the funding decision. He assured the public that the Assembly wanted to hear from the public and that they were trying to do the best job they can. He regretted that others saw them as being arrogant and somehow inconsiderate of the public. He mentioned that he did not want to see the public process get buried in some obscure committee. He suggested that the Borough be more proactive in getting the word out for public benefit. He asked staff to look at the issues mention by Mr. Genopolous. Assembly member Rohrer spoke on the Killarney Hills and expressed frustration that the Assembly s involvement in the process was at the 49 th step and in after two years in the September 1, 2016 Page 7 of 8

8 process. He did not want the Assembly to be left out until the 9 th hour. He looked forward to community discussion on this topic. Assembly member Smiley agreed that the Assembly and Borough need to communicate things better to public. He explained the Assembly process regarding nonprofits. Assembly member Skinner requested that staff follow up on the JMHP insurance issues. She addressed the comments that were made during citizens comments about the Assembly giving direction to seek maximum density at Killarney Hills and exclude public participation in the process. Speaking for herself, she did not say that maximum density should be pursued. She explained that during the work session that the Assembly expressed that the intent was to hear from the public. Assembly member Symmons was glad to see a handful of people change the way that the Assembly went on an issue. He commended Matt Van Daele for inviting the public to attend the Assembly meeting. He was surprised to be blind sighted with the Killarney Hills issue. Announcements The next Assembly work session will be held on Thursday, September 8 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting is scheduled for Thursday, September 15, at 6:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, Peterson, Rohrer, Skinner, and Smiley. The meeting was adjourned at 10: 09 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: September 1, 2016 Page 8 of 8

9 KODIAK ISLAND BOROUGH Assembly Regular Meeting July 21, 2016 A regular meeting of the Assembly was held on July 21, 2016, in the Assembly Chambers of the 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. Deputy Presiding Officer Skinner led the Pledge of Allegiance. Present were Deputy Presiding Officer Rebecca Skinner, Assembly members Kyle Crow, Larry LeDoux, Frank Peterson Jr., Dan Rohrer, Scott Smiley, and Dennis Symmons. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. ROHRER moved to excuse Mayor Jerrol Friend who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA PETERSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular meeting minutes of May 19 and June 16, 2016 were approved under the consent agenda. CITIZENS COMMENTS Working Conditions Advisory Council (WCAC) Chair Bill Roberts relayed the sentiments of the WCAC members on Ordinance No. FY City Council member John Whiddon voiced concerns regarding Ordinance No. FY and requested that the City and Assembly have a joint work session to discuss it further before putting it on the ballot. AWARDS AND PRESENTATIONS Manager Powers presented the Employee of the Quarter Award for the second quarter of 2016 to Angela MacKenzie, CMC, Deputy Clerk in the Clerk s Office. Manager Powers presented 15-year Longevity Awards to Lauri Whiddon, HR Officer/Executive Assistant and Alan Torres, Solid Waste Baler/Landfill Supervisor. Manager Powers provided an update on the Manager s Office to the Assembly. COMMITTEE REPORTS Assembly member Rohrer reported on the Borough Lands Committee (BLC) meeting from July 20, 2016 and announced that the group would be recommending some changes to Title 18. He July 21, 2016 Page 1 of 5

10 spoke to the length of time incurred to carry out the process of disposing of land and that the group would be focusing on the medium range parcels next. Assembly member LeDoux reported that the Planning and Zoning Commission was working on Accessory Dwelling Units (ADU) that could potentially open up some affordable housing. He reiterated that the land disposal would not happen until Spring or Summer and that ADUs and developing partnerships with entities who specialize in developing government subsidized housing was the way to get affordable housing. Assembly member Skinner reported on the Kodiak Fisheries Work Group (KFWG) meeting from Tuesday, July 19. They had preliminary discussion on strategies for the next North Pacific Fishery Management Council (NPFMC) meetings in October and December when the Gulf of Alaska Trawl Bycatch Management issue would come up again. The next meeting of the KFWG would be on Tuesday, August 23 at 8:30 a.m. in the borough conference room. Assembly member Rohrer announced that the next Marijuana Task Force (MTF) meeting was scheduled for Tuesday, July 26 at 6:30 p.m. in the borough assembly chambers where they would discuss cultivation and zoning. PUBLIC HEARING BOROUGH MANAGER S REPORT Manager Powers reported on the following: Welcomed Community Development Director Sara Mason to her new position Met with Fish and Game on mapping Met with State Parks regarding disposal Issues Hospital negotiations were ongoing Valve problem at the leachate plant being worked on Met with foresters about the Chiniak timber Rural development would be in Kodiak next week and the Borough planned to talk about the displaced citizens of Jacksons with the city Assembly member Crow requested that the manager be a part of those discussions with the rural development representatives and the City of Kodiak. Assembly member Rohrer requested that the Assembly be given a written process for the Killarney Hills master plan prior to completion. Assembly member Symmons requested that the Manager stay on top of the Chiniak project. MESSAGES FROM THE BOROUGH MAYOR UNFINISHED BUSINESS A. Ordinance No. FY An Ordinance Of The Assembly Of The Kodiak Island Borough Amending 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. July 21, 2016 Page 2 of 7

11 CROW moved to adopt Ordinance No. FY in the first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance was requested by Assembly Member Skinner. Currently the Borough Personnel Manual and Collective Bargaining 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 Borough 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, Borough 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. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Crow, Peterson, Rohrer, Skinner, Smiley, and Symmons (Ayes); LeDoux (No). NEW BUSINESS Contracts Resolutions Ordinances for Introduction 1. Ordinance No. FY 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. LEDOUX moved to adopt Ordinance No. FY in first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance was requested by Assembly member Crow which proposed a non-binding advisory question on the October 4, 2016 election. One of the priorities stated in the adopted Strategic Plan was Resolution No. FY of the Assembly was to explore the potential impacts of consolidation. This ordinance proposed the question "Should the 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 actions that the Assembly might take, if it chose to as a result of the advisory vote, was to give direction to staff to prepare a consolidation petition to submit to the Local Boundary July 21, 2016 Page 3 of 7

12 Commission. This ordinance reflects that the Assembly direction would come before the Assembly in a form of a resolution. CROW moved to amend Ordinance No. FY by striking lines 50 thru 52. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Smiley, Symmons, and Crow. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Smiley, Symmons, and Crow. 2. Ordinance No. FY 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. LEDOUX moved to adopt Ordinance No. FY in first reading to advance to public hearing at the next regular meeting of the Assembly. There were no direct fiscal impacts to the 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 takes 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. 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 if the Borough were willing to accept full ownership of the section of roadway after the improvements were made. Adoption of Resolution declared willingness to accept maintenance and operation responsibility for Otmeloi Way when it was improved to the Borough 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 Department of Transportation (DOT) had performed 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 costs 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. Currently, the environmental review was complete and design was approximately 75% complete. July 21, 2016 Page 4 of 7

13 The State s Fiscal Year 2017 capital budget included $4 million of federal highway funding for this project. Most of Otmeloi Way lies within Service Area No. 1 so that section of roadway would fall within their maintenance responsibilities under Borough ownership. Five properties on Otmeloi Way 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. Borough code provides that an alteration to a service area shall be initiated by ordinance and that the alteration shall not be effective unless a majority of the qualified voters voting on the question approved it. The affected area was the entire Service Area No. 1 and the lots being added to the service area. KIBC Propositions and questions. An ordinance placing a proposition on the ballot must be adopted not later than 53 calendar days before the election, which would be August 12, 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 falls outside the current 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 may be considered for development. This land was contiguous to properties that front Otmeloi Way and it was possible that Otmeloi Way could be 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 current proposition. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Smiley Symmons, Crow, and LeDoux. 3. Ordinance No. FY Submitting to the Qualified Voters the Question of Establishing the Otmeloi Way Streetlight Service Area to Provide Operation and Maintenance of Streetlights Along Otmeloi Way. ROHRER moved to adopt Ordinance No. FY in first reading to advance to public hearing at the next regular meeting of the Assembly. There were no direct fiscal impacts 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 July 21, 2016 Page 5 of 7

14 cost of operation and maintenance of streetlights. Establishment of a streetlight service area provided a means for collecting property taxes to address those specific costs. The proposed boundary was determined selecting properties fronting Otmeloi Way. KIBC Propositions and questions. An ordinance placing a proposition on the ballot must be adopted not later than 53 calendar days before the election, which would be August 12, If the ballot question fails, the State of Alaska would not install the streetlights as an element of the project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Smiley Symmons, Crow, LeDoux, and Peterson. Other Items CITIZENS COMMENTS ASSEMBLY MEMBERS COMMENTS Assembly member LeDoux requested the manager outline State cuts on the Borough budget for the public. He thanked the Manager and Staff for working with the Chiniak community on the damage left by the August 2016 fire. He thanked the Bayside Fire Department for its response to recent fires. Assembly member Simmons expressed gratitude to the citizens who attend the meetings. He also encouraged citizens to attend the MTF meetings, and thanked staff for working diligently on the contract to harvest the damaged timber in Chiniak. Assembly member Crow thanked the public for attending and participating in their government. He encouraged the public to run for office in the upcoming October 4 Municipal Election. He clarified a miss statement regarding non-profit funding for the Salvation Army; it received $8,000 instead of the $35,000 previously stated. Assembly member Rohrer praised Fire Chief Rue for his thinking outside the box in regards to upgrades of machinery and equipment for the Bayside Fire Department. He complimented Bayside Fire Department, the City Fire Department, Coast Guard Fire Department, and law enforcement for participating in fundraising events for a local Kodiak High School student who had recently suffered significant injuries during an all-terrain vehicle accident. He asked for clarity on the terminology used for the Deputy Presiding Officer vs. Deputy Mayor. Assembly member Skinner expressed concerns facing the Borough s budget with 1.3 million in the hole. She cautioned on spending beyond the budget and diverting funds from other accounts. The Borough needs to be cautious of the trickle down effects and should not be raiding the piggy bank when it may need those funds in the future to sustain itself. Assembly members LeDoux, Symmons, Crow, and Rohrer congratulated Community Development Director Sara Mason for her promotion; Deputy Clerk Angela MacKenzie for achieving employee of the Quarter for the second quarter of 2016; and 15-Year longevity award July 21, 2016 Page 6 of 7

15 recipients HR Officer/Executive Assistant Lauri Whiddon and Solid Waste Baler/Landfill Supervisor Alan Torres. Announcements Deputy Presiding Officer Skinner announced that the next Assembly work session would be held on Thursday, July 28, 2016 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting would be held on August 4, 2016 in the Borough Assembly Chambers. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Crow, LeDoux, Peterson, and Rohrer. The meeting was adjourned at 8:52 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: July 21, 2016 Page 7 of 7

16 KODIAK ISLAND BOROUGH Assembly Regular Meeting August 4, 2016 A regular meeting of the Assembly was held on August 4, 2016, in the Assembly Chambers of the 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 Pardoe. CROW moved to excuse Assembly member Frank Peterson Jr. who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA SKINNER moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES CITIZENS COMMENTS 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. August 4, 2016 Page 1 of 9

17 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. 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. AWARDS AND PRESENTATIONS COMMITTEE REPORTS 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. FY An Ordinance Of The Assembly Of The Kodiak Island Borough Amending 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. FY The ordinance was requested by Assembly Member Skinner. The KIB Personnel Manual and Collective Bargaining 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 KIB 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. August 4, 2016 Page 2 of 9

18 Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Crow, Skinner, Smiley, and Symmons (Ayes); LeDoux and Rohrer (Noes). 2. Ordinance No. FY 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. FY 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. FY of the Assembly was to explore the potential impacts of consolidation. The ordinance proposed the question "Should the 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. 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. FY by substitution (version 2). ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, 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. FY 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. FY There was no direct fiscal impact to the in putting the question on the ballot. However, if Otmeloi Way improvements were constructed by the State of Alaska and the 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 August 4, 2016 Page 3 of 9

19 contribute to Service Area No. 1 road maintenance programs via a real property tax assessed by the service area. 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 if the Borough were willing to accept full ownership of the section of roadway after the improvements were made. Adoption of Resolution 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, 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. August 4, 2016 Page 4 of 9

20 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 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. FY 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. FY 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. FY 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. FY 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. FY to a special meeting on August 11, August 4, 2016 Page 5 of 9

21 ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Crow, LeDoux, Rohrer, Skinner, Smiley, and Symmons. BOROUGH MANAGER S REPORT 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 MESSAGES FROM THE BOROUGH MAYOR Mayor Friend announced he would attend the Kodiak Launch Complex Open House, and reminded everyone to drive safely. UNFINISHED BUSINESS NEW BUSINESS Contracts 1. Contract No. FY 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 KIB Contract No. FY in the amount of $120, At the July 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 USA. The agreement had an exception for assignment to the nursery if PRT USA 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. FY to the regular meeting of August 18, ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: LeDoux, Rohrer, Skinner, Smiley, Symmons, and Crow. Resolutions August 4, 2016 Page 6 of 9