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2017-02-16 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting February 16, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on February 16, 2017, 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. Deputy Presiding Officer LeDoux led the Pledge of Allegiance. Present were Deputy Presiding Officer Larry LeDoux, Assembly members Kyle Crow, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Laurie Pardoe. VAN DAELE moved to excuse Mayor Dan Rohrer who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA CROW moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS Judi Kidder commented on road conditions and advocated for the Assembly to contact DOT and legislators. Betty MacTavish spoke on the consolidation topic that was discussed during the Joint Work Session with the City of Kodiak. The following spoke regarding the Aaron Griffin Rae Jean Blaschka Jeff TrenerV Jonathan Strong Greg Egle Fred Stager CherVI McNeil reconsideration of Ordinance No. Mark Anderson Bill St. Clair Wayne Aboussleman Sulua Stager Monique Lewis Julie Kavanaugh Marco Patitucci FY2017-22, Split B. SVlvia Kavnaugh Art Schultz Justin Thran Rebecca Nelson Judy Mullican Caleb Griffin Lisa Kosteleckv Roberta Austring gave a quarterly report regarding the Senior Citizens of Kodiak (SCOK) activities. Scott Arndt spoke on Contract No. FY2017-22 and explained why the Assembly should vote down the contract. Kodiak Island Borough Assembly Regular Meeting Minutes February 16, 2017 Page 1 of 7 AWARDS AND PRESENTATIONS Manager Powers presented the Employee of the Year Award for 2016 to Angela MacKenzie, Deputy Clerk, in the Clerk's office. Bayside Fire Chief Howard Rue provided an update to the Assembly on the Bayside Fire Department. COMMITTEE REPORTS Assembly members Crow and Van Daele commented regarding the recent Kodiak Fisheries Work Group regular meeting held on February 16, 2017. PUBLIC HEARING 1. Ordinance No. FY2016-17A Amending Ordinance No. FY2016-17 To Extend The Sunset Date Relating To The Current Regulation Of Marijuana Businesses From February 28, 2017 To April 30, 2017. SYMMONS moved to adopt Ordinance FY2016-17A. Ordinance No. FY2016-17 created KIBC 5.02 Marijuana Businesses. The ordinance also included a sunset date in which the provisions identified in KIBC 5.02 became null and void. The date was February 28, 2017 and the proposed amendment before the Assembly moved the sunset date to April 30, 2017. The additional time would allow for the Assembly and Commission to review regulations and seek public comments. Deputy Presiding Officer LeDoux opened the public hearing. The following spoke under public hearing: Jonathan Strong, Joanne Shaker, and Jill Wittenbrader. Deputy Presiding Officer LeDoux closed the public hearing ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Crow, LeDoux, Smiley, Symmons, and Van Daele (Ayes); Skinner and Townsend (Noes). 2. Ordinance No. FY2017-26 Amending KIBC Title 2 Administration And Personnel, Chapter 2.30 Rules Of The Assembly, Section 2.30.040 Organization And Deputy Presiding Officer To Clarify The Role Of The Mayor In Appointing A Deputy Presiding Officer Or A New Assembly Member In Case Of A Tie. VAN DAELE moved to adopt Ordinance No. FY2017-26 KIBC 2.30.040 lays out the procedure for the election of a deputy presiding officer and the same provision was used for appointing an Assembly member to a vacated seat. An amendment to the section was necessary to provide for a mechanism to resolve a tie and to avoid an impasse. KIBC 2.30.070 (17)(4) provided that the Mayor may vote in case of a three/three tie vote and Alaska Statute 29.20.250 provided further guidance which stated "The mayor may not vote, except that the mayor of a first class city or a mayor of a borough with a manager form of government may vote in the case of a tie. Kodiak Island Borough Assembly Regular Meeting Minutes February 16, 2017 Page 2 of 7 Deputy Presiding Officer LeDoux opened the public hearing. Seeing and hearing none, Deputy Presiding Officer LeDoux closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Townsend, Van Daele, and Crow. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Request for proposals (RFP) for audit services • RFP for solid waste management • Bids for playground equipment • Bids for flooring • Salonie property for gravel extraction MESSAGES FROM THE BOROUGH MAYOR None. The Deputy Presiding Officer recessed the meeting at 9:39 p.m. The meeting was reconvened at 9:45 p.m. UNFINISHED BUSINESS 1. Reconsideration Of The Result Of The Split Vote Taken On Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Buildings Codes Providing For Exemptions In Section 15.10.050 Remote Area Exemptions. CROW moved to reconsider the vote taken on the result of the split vote taken on Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Buildings Codes Providing For Exemptions In Section 15.10.050 Remote Area Exemptions (Split B). At the last regular meeting of February 2, 2017, the Assembly made a motion to divide the motion on Ordinance No. FY2017-22. The first division was on readopting the 2012 Uniform Building Code for one and two family dwellings. The motion passed. The second division was for providing for exemptions in section 15.10.050 Remote Area Exemptions. The motion failed. On February 3, 2017, Assembly member Crow, seconded by Assembly member Symmons filed a motion to reconsider the vote taken on the second division. ROLL CALL VOTE ON MOTION TO RECONSIDER CARRIED FOUR TO THREE: Skinner, Symmons, Townsend, and Crow (Ayes); Smiley, Van Daele, and LeDoux (Noes). The motion to reconsider automatically placed the motion on the floor which was to adopt Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Buildings Codes Providing For Exemptions In Section 15.10.050 Remote Area Exemptions (Split B). VAN DAELE moved to call the question. ROLL CALL VOTE TO CLOSE DEBATE FAILED TWO TO FIVE: Van Daele and Smiley (Ayes); Symmons, Townsend, Crow, LeDoux, and Skinner (Noes). Kodiak Island Borough Assembly Regular Meeting Minutes February 16, 2017 Page 3 of 7 ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Symmons, Townsend, Crow, and Skinner (Ayes); Smiley, Van Daele, and LeDoux (Noes). NEW BUSINESS Contracts 1. Contract No. FY2017-22 Award Of Proposal For A New Engine And Tanker For Fire Protection Area No. 1. SMILEY moved to authorize the manager to execute Contract No. FY2017-22 Award Of Proposal For A New Engine And Tanker For Fire Protection Area No. 1 with Spartan Motors USA in the amount not to exceed $827,379. Bayside Fire Chief Rue had been reviewing the readiness of the Bayside Fire Station. In the review, the Chief recognized that Squad 10 was under-utilized as well as that Engine 11 and Tanker 10 were several years past their prime. The situation left the station with very little reserve in the case of two events in the district. The Chief approached the Fire Protection Aare No. 1 board (FPA1) and asked for consent to sell Squad 10 and pursue a used tanker. During the August 16, 2016 Regular Meeting, the FPA1 board gave approval to sell the squad vehicle and provided direction to pursue a new tanker and a new engine. Chief Rue proceeded to sell Squad 10 for $140,000.00 and write an RFP for a new engine and tanker. The FPA1 board approved the RFP specifications at the December 21, 2016 regular meeting. The RFP was put on the street and closed on January 17, 2017. The proposal from True North Emergency Equipment (a Spartan reseller) for a new engine and tanker was the only qualified response that the RFP received. There was also a 'no bid' response received from the Pierce Manufacturing representative. At the January 24, 2017 regular meeting, the (FPA1) board discussed the purchasing options for the new engine and tanker. The (FPA1) board voted to remove the shipping charges from the proposal and be responsible for the transportation from the factory, to True North's facility and to Kodiak. The (FPA1) board also voted to remove the performance bond requirements from the proposal, saving additional money. Lastly, the board voted to pay half of the final purchase price up front, saving an additional $7,318.00. The (FPA1) board voted to make the final decision for the remaining amount due before the vehicles were finished and ready for transportation. The majority of the (FPA1) board would prefer to finance the remaining balance with the Kodiak Island Borough at an interest rate that was favorable to both the service area and the Borough. If the Borough would not finance the remaining balance, the service area would pursue financing with another lender. However, the service area did have enough money currently in the fund balance to pay for the remainder of the balance due if a loan was not available. Chief Rue had applied for two large grants that would help the station with facility and equipment upgrades. If these grants were not awarded, the department would be using fund balance to procure these items. The (FPA1) board had also identified several deferred maintenance items around the station that needed attention and did not wish to deplete the fund balance solely with the purchase of new apparatus. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Skinner, Smiley, and Symmons. Kodiak Island Borough Assembly Regular Meeting Minutes February 16, 2017 Page 4 of 7 Resolutions None. Ordinances for Introduction None. Other Items 1. Request For Review of Planning and Zoning Commission Actions Denying The Future Land Use Designation Change And Rezone Of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1 st Addition (P&Z Cases 17-004 and 17-005). SMILEY moved to take up the Planning and Zoning Commision's action denying the future land use designation change and rezone of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition (P&Z Cases 17-004 and 17-005). Mr. Duane Dvorak, Resource Management Officer for the Kodiak Island Borough attached the submitted elevation of requests relating to Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition (P&Z Case Nos. 17-003, 17-004, and 17-005) to the packet. This was a request that the Commission's action be taken up by the Assembly. This was NOT an appeal. Per KIBC 17.202.055(B) B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. Mr. Dvorak submitted the request in a timely manner on September 22, 2016. 1. The Assembly should treat the review as a legislative matter and there would be no quasi-judicial action. 2. Upon submission of a written statement requesting that the denial of a rezone be taken up by the Assembly, an ordinance amending the zoning map should be submitted for action by the Assembly. 3. The Assembly was required to submit Findings of Fact in order to evidence that its action for rezone was supported by a reasonable basis, if the Assembly determined to pass legislation for a rezone. 4. The ordinance would be treated as all other legislation including proper notice and public hearing. Since the request was filed, P&Z Case No. 17-003 had been heard by the Borough Assembly, per KIBC 18.20.030. Resolution No. FY2017-21, recommending retention of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition, failed at the Borough Assembly's December 1, 2016 Regular Meeting. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Crow, Skinner, Smiley, Symmons, and Townsend (Ayes); Van Daele, and LeDoux (Noes). SKINNER moved to set the case for introduction and continue the rezone process. Kodiak Island Borough Assembly Regular Meeting Minutes February 16, 2017 Page 5 of 7 ROLL CALL ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. CITIZENS' COMMENTS Judi Kidder spoke on the Bayside Fire Contract, land use, and the expansion of water and sewer services to Service Area No. 2. She liked the flowchart presented to the Assembly and would like to see more flowcharts created for the other processes in the Borough. Cheryl McNeil spoke on the safety consideration of the lives of firefighters (comments pertained to Ordinance No. FY2017-22, Split B "exemption ordinance".) Betty MacTavish said Ordinance No. FY2017-22, Split B would benefit those who needed it. She thanked the Assembly members for their service. ASSEMBLY MEMBERS' COMMENTS Assembly member Townsend recognized that there was a fear from the unknown and cited examples such as codes pertaining to Marijuana, building codes, ADUS, and land sites. He felt the Assembly should embrace opportunities and continue exploring options. Assembly member Smiley congratulated Employee of the Year Deputy Clerk MacKenzie and thanked Clerk Javier and Assistant Clerk Pardoe. He noted that Deputy MacKenzie's acceptance speech was great and she was deserving of the award. He thanked Chief Rue for the tour of the fire station. He thought there was a pretty fair representation of the community members giving their opinions that evening. He was concerned that the Planning and Zoning Commission was slowing down the process regarding the Marijuana discussion. Assembly member Symmons was grateful for the turn out. He thanked the public servants who were working for the Borough. LeDoux moved to extend by 10 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Assembly member Skinner announced the Kodiak Aleutians Rural Advisory Council would meet in Kodiak on February 22. A community potluck was also to be held by the Sunaq Tribe that same day from 6 p.m. to 9 p.m. at the Kodiak Seafood Marine Science Center. Assembly member Crow was not comfortable with the direction of the consolidation issue. He said that he did not run for office to go with the flow. Assembly member Van Daele had strong mixed feelings about the meeting and was not happy when community members were being lumped and labels were assigned to them. He saw people as viable members of the public and that there was a need to see everyone as essential parts of the community. He would like to see a compromise that works for everybody. Assembly member LeDoux commented on the work being done regarding the Kodiak Seafood and Marine Science Center by a group in Kodiak. He enjoyed the last Joint Work Session with the City. He did not like the word "bureaucrat" being used because there were a lot of people who were passionate and care about the work they do. He appreciated Duane Dvorak for communicating and clarifying a complicated process for the Assembly. Kodiak Island Borough Assembly Regular Meeting Minutes February 16, 2017 Page 6 of 7 Announcements Deputy Presiding Officer LeDoux announced the Assembly work session scheduled for Thursday, February 23 had been canceled due to Assembly attendance of the Alaska Municipal League Conference in Juneau, AK. The next Assembly work session would be held on Thursday, March 2 at 6:30 p.m. in the borough conference room and the next Assembly regular meeting was scheduled for Thursday, March 9 at 6:30 p.m. in the borough conference room. ADJOURNMENT SMILEY moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY The meeting was adjourned at 10:40 p.m. A ST: la I I km m -C t'k't� Nova M. Javier, MMC, orough Clerk Kodiak Island Borough February 16, 2017 KODIA ll LAND ORO • H aniel A. Rohrer, Mayor Approved on: March 23, 2017 Assembly Regular Meeting Minutes Page 7 of 7