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2016-09-15 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting September 15, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on September 15, 2016, 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. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank Peterson Jr., Dan Rohrer, Rebecca Skinner, Scott Smiley, and Dennis Symmons. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. APPROVAL OF AGENDA PETERSON moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES None. CITIZENS' COMMENTS Dave Townsend voiced frustrations regarding the building codes and reminded the elected officials that they were acting on behalf of the people. He mentioned that the public does not want excessive government oversight and that the mayor should recuse himself from voting on this issue because of his own personal business as a contractor. He also listed several municipalities in Alaska that do not have building codes. Karen Yashen representing the Humane Society of Kodiak, thanked the Assembly for its nonprofit funding, and provided a brief update of what they were able to do with that funding. Jonathan Strong representing Senior citizens of Kodiak and the Kodiak Area Transit System (KATS) thanked the Assembly for its consideration and continued support. He also invited the Mayor, Assembly, and community to the KATS business after hours being held at the Senior Center on Friday, September 16 from 5:30 p.m. to 7:30 p.m. AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS Assembly member Skinner provided an update on the Kodiak Fisheries Work Group (KFWG) meeting from that morning. They discussed a potential grant opportunity through the Saltonstall- Kennedy program. Also discussed was a letter to the North Pacific Fishery Management Council (NPFMC) that would emphasize the desire of the City of Kodiak and the Kodiak Island Borough for community protections to be built into any actions that were going through the NPFMC specifically in relation to the Gulf Trawl Bycatch Management. She requested a special Kodiak Island Borough Assembly Regular Meeting Minutes September 15, 2016 Page 1750 meeting to have this letter approved in order to get it into the NPFMC meeting packet by the deadline. The next KFWG meeting would be held on Thursday, September 29. Assembly member Rohrer reported that the Borough Lands Committee was reviewing Title 18 and that they were just starting to review parcels in Bells Flats. He also reported that the Providence Kodiak Island Medical Center was required by law to do a Needs Assessment Survey every few years to determine where providence was headed. 750 people in the community participated in the survey and the final report would be available soon. The survey was heavily relied upon by both Providence Kodiak Island Medical Center and the Kodiak Community Health Center to determine the direction they would go. PUBLIC HEARING A. 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. FY2017-05, Lot 7A, Block 2, Monashka Bay Subdivision From Public Ownership/Facilities To Rural Residential (P&Z Case No. 16-024). • Ordinance No. FY2017-07, Lot 5, Block 5, Monashka Bay Subdivision From Public Ownership/Facilities To Rural Residential (P&Z Case No. 16-033). • Ordinance No. FY2017-09, A ± 20,000 Square Foot Portion Of U.S. Survey 3099 From Public Ownership/Facilities To Urban Residential (P&Z Case No. 16-036). • Ordinance No. FY2017-13, A ± 1 Acre Portion of Lot 1A-4, U.S. Survey 3465 From Public Ownership/Facilities To Urban Residential (P&Z Case No. 16-030). CROW moved to adopt Ordinance Nos. FY2017-05, FY2017-07, FY2017-09, and FY2017-13. Several parcels identified by resolution as surplus to the public's need do not currently have Future Land Use Designations that allow 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. Mayor Friend opened the public hearing. Jonathan Strong expressed appreciation to the Borough Lands Committee and the Assembly for getting land out to the public. David Townsend purchased land from a previous land sale and commented that he would have liked to receive a full disclosure of the state of the parcel he purchased. There was debris spread all over the parcel that was costly to remove. Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Skinner, Smiley, and Symmons. B. 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. FY2017-06, Lot 7A, Block 2, Monashka Bay Subdivision From PL-Public Use Lands District To RR1-Rural Residential One District (P&Z Case Kodiak Island Borough Assembly Regular Meeting Minutes September 15, 2016 Page 1751 No. 16-025). Ordinance No. FY2017-08, Lot 5, Block Public Use Lands District To RR1-Rural 16-034). 5, Monashka Bay Subdivision From PL - Residential One District (P&Z Case No. Ordinance No. FY2017-10, 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. 16-037). Ordinance No. FY2017-14, 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. 16-031). ROHRER moved to adopt Ordinance Nos. FY2017-06, FY2017-08, FY2017-10, and FY2017- 14. 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. Mayor Friend opened the public hearing. Dave Townsend urged the Assembly to address the building codes before these lands were sold. Mayor Friend closed the public hearing. Resource Manager Duane Dvorak spoke to the numerous issues that needed to be resolved before issuing a land sale and that it was still several months out. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Smiley, Symmons, and Crow. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Attended the KFWG meeting and met with the Analyst, Heather McCarty • Working on the Otmeloi issues and would have a public meeting with those residents • Met with Kodiak College Director, Alan Fugleberg regarding the Jump Start and Ocean Science programs and a contract would be coming soon • The Kodiak Island Borough School District was going to have an Ocean Science program and that contract would be coming soon • Ongoing hospital negotiations • Renewal and replacement capital projects were being reviewed • Met with Department of Environmental Conservation (DEC) regarding medical waste incinerator and it should be before the Assembly soon • Preparing for union negotiations that four staff members would be negotiating on behalf of the Borough and it may be difficult to reach these staff members during the last week of September Kodiak Island Borough Assembly Regular Meeting Minutes September 15, 2016 Page 1752 Received correspondence from Kodiak Area Native Association (KANA) recognizing Fire Chief Howard Rue for his arranging volunteer time for people who need to complete hours under the temporary assistance to needy families MESSAGES FROM THE BOROUGH MAYOR Mayor Friend clarified his frustrations of dealing with two different building codes and how challenging it had been. UNFINISHED BUSINESS A. Contract No. FY2016-45A Amending Contract No. FY2016-45 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. The motion on the floor was: move to amend Contract FY2016-45 (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 Kodiak Island Borough, by adopting the contract amendment identified as Substitute Version 2 of KIB Contract FY2016-45A. SKINNER moved to postpone amending Contract No. FY2016-45 to the next regular meeting of the Assembly. This item was postponed at the regular meeting of September 1, 2016. Private property owners adjoining borough land had 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 constituted 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 limbing 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. FY2016-45, 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 might be stacked within 500 feet of their respective properties. A map depicting the potential lots in question was attached to the packet. Note: The initial submittal for this agenda item was prepared on information relayed through the borough's forest management consultant. Staff put the information together for the original agenda item and copied it to A-1 Timber. A-1 Timber requested to have further input to clarify the implications of the contract language in order to facilitate a reasonable compromise. Staff Kodiak Island Borough Assembly Regular Meeting Minutes September 15, 2016 Page 1753 had modified the motion below to recommend adoption of the Substitute Version 2 contract amendment. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Smiley, Symmons, Crow, and LeDoux. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2017-10 Authorizing The Borough To Issue A General Obligation School Refunding Bond To Refund Certain Principal Installments Of An Outstanding General Obligation School Bond Of The Borough And To Pay Costs Of Issuing The Bond, Fixing Certain Details Of Such Bond, Authorizing Its Sale, And Providing For Related Matters. CROW moved to adopt Resolution No. FY2017-10. The resolution would authorize the Kodiak Island Borough's participation in the Alaska Municipal Bond Bank's (AMBB) refunding (or refinancing) of the Borough's 2008 Series One bond issue. In light of the recent historic decline in interest rates, the AMBB had identified the Borough's 2008 One issue as advantageous to refund based on current rates. These bonds were currently reimbursable by the State of Alaska at 60%, provided the Alaska State Legislature appropriates funds for the reimbursement program. If the savings generated by refunding this bond were taken at the beginning of a new payment schedule, unreimbursed savings to the Borough for FY2017 would be $323,362 (($370,000 principal + $127,480 interest) @ 65% (40% Borough rate plus 25% reimbursement reduction due to Governor Vetoes)). The Borough's first principal payment would be in FY2019 according to the following schedule. FY2016 FY2017 FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 Current Principal Payment Schedule $350,000 $370,000 $380,000 $400,000 $415,000 $430,000 $450,000 $470,000 $490,000 $515,000 $540,000 $565,000 $595,000 Proposed Principal Payment Schedule $ 0 $ 0 $ 0 $110,000 $415,000 $430,000 $450,000 $470,000 $490,000 $515,000 $540,000 $565,000 $595,000 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Smiley, Symmons, Crow, LeDoux, and Peterson. 2. Resolution No. FY2017-12 Approving Fiscal Year 2017 Kodiak Island Borough Non - Profit Funding. Kodiak Island Borough Assembly Regular Meeting Minutes September 15, 2016 Page 1754 PETERSON moved to adopt Resolution No. FY2017-12 The Kodiak Island Borough had for many years supported local nonprofit organizations to assist in providing local services that would not otherwise be provided by local government. The Borough had received applications requesting funding in fiscal year 2017. The Assembly had reviewed the requests and discussed distribution of funds at the August 25, 2016 work session as described in the resolution and supporting documentation spreadsheets. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, crow, LeDoux, Peterson, and Rohrer. 3. Resolution No. FY2017-14 Appointing Members to the Kodiak Fisheries Development Association Board of Directors (Stosh Anderson). SKINNER moved to adopt Resolution No. FY2017-14. The Kodiak Island Borough and the City of Kodiak jointly designated the Kodiak Fisheries Development Association (KFDA) as the Eligible Crab Community Entity (ECCE). The by-laws of the KFDA provide for appointment of Directors to the Board by the Kodiak Island Borough Assembly and the Kodiak City Council for three year terms. One of the three "Joint KFDA Director's Seats" expired in July 2016. Mr. Stosh Anderson wished to be reappointed for a seat to expire July 2019. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Crow, LeDoux, Peterson, Rohrer, and Skinner. 4. Resolution No. FY2017-15 Encouraging The State Of Alaska To Declare A Condition Of Economic Disaster In Kodiak And Requesting The Utilization Of The Commercial Fishing Revolving Loan Fund (CFRLF) To Assist The Affected Fishermen And Their Families Impacted By The Fisheries Disaster LEDOUX moved to adopt Resolution No. FY2017-15. The resolution was requested and being introduced by Assembly member Skinner. It encouraged the State of Alaska to declare a condition of economic disaster in Kodiak and requesting the utilization of the Commercial Fishing Revolving Loan Fund (CFRLF) to assist the affected fishermen and their families impacted by the fisheries disaster. A Gulf of Alaska Pink Salmon Fisheries preliminary information/summary was attached to the packet. A copy of the resolution was sent to the City of Kodiak for the Council's consideration. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Peterson, Rohrer, Skinner, and Smiley. Ordinances for Introduction 1. Ordinance No. FY2017-17 Placing A Temporary Moratorium On The Enforcement Of Those Sections Of Title 17 (Zoning) Of The Borough Code That Prohibit The Keeping Of Chickens And Other Animals Useful To People In The Rr-Rural Residential, R1 -Single - Family Residential, R2 -Two -Family Residential, And R3 -Multi -Family Residential Zoning Kodiak Island Borough Assembly Regular Meeting Minutes September 15, 2016 Page 1755 Districts, And Initiating A Planning And Zoning Commission Review Of Title 17 (Zoning) Of The Borough Code To Consider Amendments That Will Allow Such Uses In Those Districts, And Directing Staff To Perform A Concurrent Review Of Chapter 6.04 (Animal Control) Of The Borough Code To Recommend Amendments That More Specifically Address The Control Of Chickens And Other Animals Useful To People. SYMMONS moved to adopt Ordinance No. FY2017-17 in first reading to advance to public hearing at the next regular meeting of the Assembly. The ordinance was requested and was being introduced by Assembly Member Crow in an effort to address public comment supporting the keeping of chickens and other animals useful to people in residential zoning districts. Although such activities were permitted uses in three low-density residential districts, they were prohibited uses in one low-density district and all medium and high-density districts. The ordinance would place a temporary moratorium on the enforcement of Title 17 Zoning codes that prohibited such uses in those residential districts and would initiate a Planning and Zoning Commission code review to consider amendments that would allow such uses. The ordinance also would direct staff to perform a concurrent review of Chapter 6.04 Animal Control to recommend amendments that more specifically address the control of chickens and other animals useful to people. The temporary moratorium only applied to enforcement of Title 17 Zoning codes. Title 6 Animals Chapter 6.04 Animal Control codes that address animal cruelty, control of animals, animal waste, etc., would continue to be enforced. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Skinner, Smiley, and Symmons. Other Items None. CITIZENS' COMMENTS Dave Townsend made comments in opposition of the Memorandum of Agreement (MOA) with the City of Kodiak on upholding Borough building code requirements. He stated that he had no recourse against the City's Building Department as a borough citizen and suggested that the MOA be let go and the Borough hire its own Building Inspector. Brother Francis Shelter Director Monte Hawver expressed gratitude to the Assembly and staff for working hard on awarding the nonprofit funding. Providence Kodiak Island Counseling Center Safe Harbor Program Director Mary Guilas- Hawver expressed gratitude to the Assembly for funding the nonprofit programs. EXECUTIVE SESSION A. Matters Involving Negotiations With The IBEW ROHRER moved to convene into executive session to discuss matters involving negotiations with the IBEW, a subject matter which qualifies for executive session per KIBC 2.30.030(F.1.d) matters involving negotiations with labor organizations representing borough employees. Kodiak Island Borough Assembly Regular Meeting Minutes September 15, 2016 Page 1756 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Smiley, Symmons, and Crow. ROHRER moved to invite the Mayor, Assembly, Borough Manager, Finance Director, and Clerk's Office staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Smiley, Symmons, Crow, and LeDoux. After the vote, Mayor Friend recessed the regular meeting at 7:32 p.m. and convened the executive session. Upon returning from the executive session, Mayor Friend reconvened the regular meeting at 8:15 p.m. and announced that direction was given to the Manager to continue negotiations with the IBEW. ROHRER moved to suspend the rules to have Assembly member comments before the going into the next executive session. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Rohrer, Smiley, Symmons, Crow, LeDoux, and Peterson (Ayes); Skinner (No). ASSEMBLY MEMBERS' COMMENTS Assembly member Rohrer noted and appreciated Major Davis for his comment regarding "our agenda". Assembly member Skinner thanked the listening audience and members of the public who made comments; it was appreciated to hear the citizens' perspective. Assembly member Symmons expressed opinions regarding who should be responsible for determining how much and which nonprofit programs to be funded; the elected officials should handle it. Assembly member LeDoux requested the Solid Waste Advisory Board provide regular reports on the solid waste contract negotiations. He thanked the Borough Lands Committee for all its work preparing for the next land sale and cataloguing future land parcels in preparation of public/private partnerships for affordable housing. He thanked Fire Chie Rue for his outstanding service; and thanked the clerk's for their work on the municipal election pamphlet. B. Borough Manager's Evaluation SKINNER moved to convene into executive session to discuss the Borough Manager's Performance Evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice a character or reputation of a person. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Crow, LeDoux, Peterson, and Rohrer. SKINNER moved to invite the Mayor and Assembly into executive session Kodiak Island Borough Assembly Regular Meeting Minutes September 15, 2016 Page 1757 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Crow, LeDoux, Peterson, Rohrer, and Skinner. After the vote, Mayor Friend recessed the regular meeting at 8:24 p.m. and convened the executive session. Upon returning from the executive session, Mayor Friend reconvened the regular meeting at 9:28 p.m. and announced no action was to be taken as a result of the executive session. Announcements Mayor Friend announced that he and members of the Assembly were invited and may be in attendance of the Kodiak Archipelago Rural Regional Leadership Forum on Wednesday, September 21, 2016 at 1 p.m. at the Kodiak College. The next Assembly work session would be held on Thursday, September 29 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting was scheduled for Thursday, October 6 at 6:30 p.m. in the Borough Assembly Chambers. The Assembly, City Council, School Board, and Governor Walker are scheduled for a joint work session on Friday, October 7 at 1:45 p.m. to 2:45 p.m. at the City Library Multi -Purpose Room. The Regular Municipal Election will be held on Tuesday, October 4, 2016. If you will be out of town on Election Day, absentee voting is available in the Borough Clerk's Office, Room 234 in the Borough building starting Monday, September 19, through Monday, October 3, 2016 from 9 a.m. to 4 p.m. Please bring your voter card or picture identification with you. If you have any questions, please call 486-9310. ADJOURNMENT CROW moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Peterson, Rohrer, Skinner, and Smiley. The meeting was adjourned at 9:28 p.m. A T: N va M. Javier, MMC, Boro gh Clerk Kodiak Island Borough September 15, 2016 ND BOR n74 Jerrol Friend, Mayor Approved on: December 1, 2016 Assembly Regular Meeting Minutes Page 1758