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2016-02-18 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting February 18, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on February 18, 2016, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:45 p.m. The invocation was given by Major Michael Bates 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, Mel Stephens, and Dennis Symmons. Also present were Borough Manager Bud Cassidy, Borough Clerk Nova Javier, and Assistant Clerk Laurie Pardoe. SKINNER moved to excuse Frank Peterson who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA ROHRER moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. ROHRER moved to amend the agenda by removing item 15A the executive session. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular meeting minutes of December 17, 2015 and January 21, 2016 and special meeting minutes of January 14, 2016 were approved under the consent agenda. CITIZENS' COMMENTS Debra Kirk, Shawn Doctorman, Russell Anderson, Joanne Shaker, Andria Anderson, Alan Schmitt, Boll Bowie, Greg Eagle, Darius Kas rzak, Shelly Paulson, Janiece Stevens, SQL Mortensen, Jonathan Strong, Sharon Blakeslee, Aaron Griffin, Monique Lewis, Paul VanDvke, and Deb Holden-Engval spoke to Ordinance No. FY2016-17. Judi Kidder spoke to Ordinance No. FY2016-17 and her concern with Borough debt. Arthur Schultz spoke to his views on drug reform. Kodiak Island Borough Assembly Regular Meeting Minutes February 18, 2016 Page 1639 Tom Lance spoke to Ordinance No. FY 2016-14. Steven s spoke to Ordinance No. FY2016-17d issues affectingcommercial fishermen. AWARDS AND PRESENTATIONS Employee of the Year Award Manager Cassidy presented the Employee of the Year Award for 2015 to Ed Arellano, Maintenance Mechanic in the Engineering and Facilities department. Finance Department's Update to the Assembly The Assembly received a presentation from Finance Director, Karl Short, on the school district budget. COMMITTEE REPORTS Assembly Member Skinner reported on the Kodiak Fisheries Work Group (KFWG) meeting of Wednesday, February 17. They received an update from the fisheries analyst on the February North Pacific Fishery Management Council meeting. They had also discussed the fisheries analyst contract and anticipated continuing that discussion as well as the purpose and strategy of the KFWG at a meeting scheduled for 8:30 a.m. on February 19. She announced that the KFWG had also invited local fish processors to attend a meeting scheduled for March 16th at 8:30 a.m. to discuss questions posed by the KFWG. Assembly Member Crow added that the KFWG also received a brief report relating to economic analysis. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Cassidy invited IT Supervisor, Paul VanDyke, to give an update on an encryption worm that infected the Borough computer system. Mr. VanDyke anticipated a full recovery and announced that an after action report would soon follow. He announced that Solid Waste Manager/Environmental Specialist, Joe Lipka, tendered his resignation. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend announced that the Governor's proposed budget included an undercover drug enforcement officer for Kodiak. UNFINISHED BUSINESS None. Kodiak Island Borough Assembly Regular Meeting Minutes February 18, 2016 Page 1640 NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2016-27 Approving the Village of Karluk and Karluk IRA Tribal Council to Participate in the FY2017 Community Revenue Sharing Program. LEDOUX moved to adopt Resolution No. FY2016-27. The resolution identified Karluk as an unincorporated community that meets the Community Revenue Sharing Program eligibility criteria established under AS 29.60.865, AS 29.60.879 and 3 AAC 180.110. Karluk had more than 25 residents and provided fire protection, emergency medical response, water and sewer, solid waste management, and public road maintenance to its residents. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Rohrer, Skinner, Stephens, and Symmons. Ordinances for Introduction 1. Ordinance No. FY2016-13 Amending the Kodiak Island Borough Code Title 2 Administration and Personnel Chapter 2.155 Kodiak Workforce Regional Advisory Council Section 2.155.060 Quorum and Voting Requirements. SKINNER moved to adopt Ordinance No. FY2016-13 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Kodiak Workforce Regional Advisory Council met on Tuesday, January 12, 2016. The Council had been inactive for quite sometime and during its inactivity, it had been found that there were different interpretations of the code regarding how to meet its quorum. The Council had the opportunity to review the code and requested an amendment to Title 2 Chapter 2.155 Kodiak Workforce Regional Advisory Council Section 2.155.060 Quorum and Voting Requirements to change: A majority of the holders of filled appointed and designated seats shall be a quorum for the transaction of business. That would mean that only those currently filled seats would be counted to account for the determination of quorum as opposed to the entire membership. A legal review was provided to the Assembly regarding the change to make sure that it was not in violation of State Law and Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Rohrer, Skinner, Stephens, Symmons, and Crow. Kodiak Island Borough Assembly Regular Meeting Minutes February 18, 2016 Page 1641 2. Ordinance No FY2016-14 Repealing Ordinance No. 98-06, Reserving Certain Borough Lands as a Vegetative Screen, and Reserving an Amended Greenbelt Buffer Along the Common Boundary of the Monashka Bay Road Service Area and the Kodiak Island Borough Baler and Landfill. LEDOUX moved to adopt KIB Ordinance No. FY2016-14 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Kodiak Island Borough had, by prior agreement with the Monashka Bay Road Service Area Board, provided a vegetative greenbelt buffer between the residential areas of the service area and the noise and activities of the Kodiak Island Borough Landfill. With the development of a new wastewater treatment plant to process landfill leachate, and related survey and zoning boundary amendments, the service area had agreed to support an amendment to the greenbelt boundary so that the greenbelt buffer would not encroach into the Industrial portion of the landfill where the new treatment plant was located. Staff met with the Monashka Bay Road Service Area Board on December 9th, 2015 and provided several weeks for additional feedback to be received from the community on the issue. The only issue raised pertained to the status of Lot 2, Sawmill Subdivision. This lot had been tentatively identified as an addition to the greenbelt buffer due to proposed zoning changes to Industrial on Lot 1, Sawmill Subdivision. Lot 2, Sawmill Subdivision had been pulled out of the proposed greenbelt buffer in order to allow the Borough Lands Committee an opportunity to evaluate the parcel for potential land disposal. The remaining greenbelt buffer description had been reviewed by a surveyor for accuracy and a revised ordinance was submitted for consideration by the assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Stephens, Symmons, Crow, and LeDoux. 3. Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan by Changing the Future Land Use Designation of a t 28.9 Acre Portion of Tract B, U.S. Survey 4793 From Conservation To Industrial/Light Industrial (P&Z Case No. 16-004). ROHRER moved to adopt Ordinance No. FY2016-15 in first reading to advance to public hearing at the next regular meeting of the Assembly. The request was part of the City of Old Harbor's effort to increase economic development potential in the community. Efforts so far had included improvements to the harbor, dock, and airport facilities. In addition, a Conditional Use Permit was recently approved for a hydroelectric project that was expected to break ground in early 2017. To further improve economic development potential, Old Harbor hoped to rezone the site to I-Industrial to encourage industrial development that would benefit the local economy. Kodiak Island Borough Assembly Regular Meeting Minutes February 18, 2016 Page 1642 Amending the 2008 Comprehensive Plan Future Land Use Designation of the site from Conservation to Industrial/Light Industrial was a necessary prerequisite to rezone the site from R1-Single-family Residential to I-Industrial. If the Future Land Use Designation was changed to Industrial/Light Industrial, the subsequent rezone request would be consistent with the adopted Comprehensive Plan. Should the Comprehensive Plan be amended and the subsequent rezone approved, the City of Old Harbor could then seek permits to establish any permitted or conditional use allowed by the new zoning. The Planning and Zoning Commission held a public hearing on the amendment request at their January 20, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Stephens, Symmons, Crow, LeDoux, and Rohrer. 4. Ordinance No. FY2016-16 Rezoning a :t 28.9 acre portion of Tract B, U.S. Survey 4793 From R1-Single-family Residential District To I-Industrial District (PZ Case No. 16- 009). LEDOUX moved to adopt Ordinance No. FY2016-16 in first reading to advance to public hearing at the next regular meeting of the Assembly. The rezone request follows the request to amend the 2006 Comprehensive Plan Future Land Use Designation of the site from Conservation to Industrial/Light Industrial. Should that amendment be approved, the rezone would be consistent with the adopted Comprehensive Plan. The rezone also satisfied the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes. Should the rezone be approved, the City of Old Harbor could then seek permits to establish any permitted or conditional use allowed by the new zoning. The Planning and Zoning Commission held a public hearing on the amendment request at their January 20, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Symmons, Crow, LeDoux, Rohrer, and Skinner. 5. Ordinance No. FY2016-17 Amending the Kodiak Island Borough Code Title 5 Business Licenses and Regulations by Creating a New Chapter 5.02 Marijuana Businesses. STEPHENS moved to adopt Ordinance No. FY2016-17 in first reading to advance to public hearing at the next meeting of the Assembly. Kodiak Island Borough Assembly Regular Meeting Minutes February 18, 2016 Page 1643 The ordinance was requested by Assembly member Stephens which would allow the Kodiak Island Borough to exercise the authority granted by AS 17.38.110(a) so as to prohibit to the broadest extent possible the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana. SKINNER moved to amend Ordinance No. FY2016-17 Section 3 effective date to read "This ordinance is effective upon passage and shall remain in effect for one year unless the Kodiak Island Borough Assembly takes a different action prior to expiration." ROLL CALL VOTE ON MOTION TO AMEND FAILED FIVE TO ONE: Symmons, Crow, LeDoux, Rohrer, and Stephens (Noes); Skinner (Aye) CROW moved to amend Ordinance No. FY2016-17 by replacing it with Ordinance No. FY2016- 18 and advance it to public hearing at the next meeting of the Assembly. ROLL CALL VOTE ON MOTION TO AMEND FAILED FOUR TO TWO: LeDoux, Rohrer, Skinner, and Stephens (Noes); Crow and Symmons (Ayes) ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: LeDoux, Rohrer, Skinner, Stephens, and Symmons (Ayes); Crow (No) ROHRER moved to extend the meeting until 11 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Other Items None. CITIZENS' COMMENTS Shawn Doctorman, Judi Kidder. Bob Bowie, Russel Anderson, Darius Kasprzak, Arthur Schultz and Jeff Stewart spoke to Ordinance No. FY2016-17. Monique Lewis encouraged emergency planning for cyber terrorism attacks and spoke to Ordinance No. FY2016-17. Better MacTavish requested that Assembly meetings be televised and suggested that it could be a college or high school student project. ASSEMBLY MEMBERS' COMMENTS Assembly Member Crow thanked those in attendance for coming, Karl Short and Paul VanDyke for their reports, and Joe Lipka for his service. He congratulated Ed Arellano, Maintenance Mechanic for receiving the Employee of the Year Award. Kodiak Island Borough Assembly Regular Meeting Minutes February 18, 2016 Page 1644 Assembly Member Symmons echoed Assembly Member Crow's comments and expressed gratitude to staff and public citizens in attendance. Assembly Member Stephens asked that the telephone system in the Assembly Chambers be upgraded and commented on jurisdiction of government at municipal, state and federal levels. Assembly Member Rohrer gave a brief overview of the Assembly lobby trip Juneau, expressed well wishes for Joe Lipka and congratulated Ed Arellano, Maintenance Mechanic, for receiving the Employee of the Year Award. Assembly Member LeDoux announced he brought cookies from Juneau for the Assembly Members. Announcements Mayor Friend announced that the Assembly would hold a joint work session with the Kodiak City Council on Wednesday, February 24 at 7:30 p. . at the City Library multi-purpose room. The Assembly would hold a town meeting in Chiniak on Saturday, February 27 at 2.30 p.m. at the Chiniak School. A special meeting would be held on Thursday, February 25 at 6:30 p.m. immediately followed by a work session in the Borough conference room. The next regular Assembly meeting would be held on Thursday, March 3 at 6:30 p.m. in the Assembly Chambers. ADJOURNMENT SKINNER moved to adjourn the meeting. LL CALL VOTE N MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Stephens, ymon , Crow, and LeDoux. The meeting was adjourned at 11 p. . DI KIS A ST: rrol rien yor ELL- Nova M. Javier, 4Borh Clerk Approved on: April 7, 2016 Kodiak Island Borough Assembly Regular Meeting Minutes February 18, 2016 Page 1645