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2017-02-02 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting February 2, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on February 2, 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 and the Pledge of Allegiance was led by Mayor Rohrer. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. CROW moved to excuse Assembly member Rebecca Skinner 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. LEDOUX moved to suspend the rules to move awards and presentations ahead of citizens' comments. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: LeDoux, Smiley, Symmons, Townsend, and Van Daele (Ayes); Crow (Noes). AWARDS AND PRESENTATIONS Mayor Rohrer proclaimed the month of February 2017 as Teen Dating Violence Awareness And Prevention Month in Kodiak and applauded the efforts of the Kodiak Women's Resource and Crisis Center for their efforts in promoting awareness about teen dating violence. Mayor Rohrer proclaimed February 18, 2017 as Coast Guard Appreciation Day in Kodiak and urged citizens to recognize our Coast Guard community for their individual efforts in making Kodiak and all the navigable waters of Alaska a safer and better place to live, work, and play. Manager Powers presented the Employee of the Quarter Award for the Fourth Quarter of 2016 to Brandi Wagner, Secretary III, in the Finance Department. VAN DAELE moved to suspend the rules to allow public comments to 5 minutes per person each. Kodiak Island Borough Assembly Regular Meeting Minutes February 2, 2017 Page 1 of 7 ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: LeDoux, Symmons, Van Daele, and Crow (Ayes); Smiley and Townsend (Noes). CITIZENS' COMMENTS The following citizens commented on Ordinance No. FY2017-22 Jerrol Friend Rachel Whiddon Paula Laird Don Roberts Fred Stager Lisa Kostelecky Ray Nordgulen Wayne Aboussleman Mike Scannel Merissa Koller -Williams Bill St. Clair Bruce McNeil Aaron Griffin Steel McNeil Craig Olsen Dan Beehler Chris Kostelecky Rebecca Nelson Judi Kidder Justin Thran Nick Szabo Cheryl McNeil David Wilmot Judy Mullican Paul VanDyke Jonathan Strong commented on the extension of the sunset clause for the Marijuana ordinance. Tiffany Stuart from the Kodiak Historical Society expressed appreciation for receiving nonprofit funding and she provided a brief update on what the money was used for. Major Dave Davis from the Salvation Army also expressed appreciation for the nonprofit funding. Mayor Rohrer called a five-minute recess at 8:20 p.m. and reconvened the meeting at 8:26 p.m. COMMITTEE REPORTS Assembly member LeDoux announced that the Kodiak Fisheries Work Group (KFWG) would meet on February 8 to discuss its organization. Assembly member Van Daele announced that the Borough Lands Committee (BLC) would be meeting the first Wednesday of the month for two hours. PUBLIC HEARING 1. Ordinance No. FY2017-25 Amending Kodiak Island Borough Code Subsection 2.30.070(K) Privileged Motions To Provide A Special Parliamentary Rule Allowing The Assembly, By Majority Vote, To Postpone An Action Item Beyond The Meeting Limitation Set Out In Roberts Rules. LEDOUX moved to adopt Ordinance No. FY2017-25. The Kodiak Island Borough had adopted Roberts Rules of Order (RRO) as its parliamentary authority. According to RRO, a motion may not be postponed beyond the next regular meeting. There were times when it was in the best interest of the Assembly to postpone an action for several meetings or months in order to gather additional information or to request further research on the part of the administration so that an informed decision could be made. At other times, the Assembly may wish to wait for action on the part of other boards, governing bodies, or the State Legislature before acting on an item that was before the Assembly, as their actions may affect the Borough's stance. The ordinance seeks to enact a special parliamentary rule allowing the Assembly, by majority vote, to postpone an action item beyond the one meeting limitation set out in RRO. This would Kodiak Island Borough Assembly Regular Meeting Minutes February 2, 2017 Page 2 of 7 allow the Assembly to continue its past practice of postponing beyond the next meeting without violating its adopted parliamentary rules and procedures. Mayor Rohrer opened the public hearing. Judi Kidder spoke in favor of Ordinance No. FY2017-25. Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • KIB Staff met with Providence Staff and continued the lease negotiations. • Budget preparation • Review of investment opportunities specifically looking into longer term securities MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer welcomed Clerk Javier back from her vacation. He announced the February 15 Joint Work Session with the City of Kodiak. UNFINISHED BUSINESS 1. Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Building Codes To Readopt The 2012 International Residential Code For One And Two- Family Dwellings. The motion on the floor was to adopt Ordinance No. FY2017-22 (Version 4a). The ordinance returned the Kodiak Island Borough from the 1997 Uniform Building Code to the 2012 International Residential Code. Three potential paths forward regarding the building code were discussed at the Assembly's October 27, 2016 Work Session: 1) Keeping the 1997 Uniform Building Code and terminating the existing MOA with the City of Kodiak 2) Reverting to the 2012 International Residential Code and extending the existing MOA and 3) Reverting to the 2012 International Residential Code, providing an opt-out for single -family residential construction and extending the existing MOA. Ordinance No. FY2017-22, as presented in first reading on December 1, 2016 aligned with option 3 cited above. Several memos had been provided by staff and were attached to the packet as historical documentation. At the December 1, 2016 meeting, Version 2 of the ordinance was advanced to public hearing. The City of Kodiak City Council provided a letter to the Borough regarding the building code and the MOA on December 8, 2016, which was included in the packet. Version 2, as advanced on December 1, 2016 was included in the packet, as well as a draft which begins to address the City's concerns. The draft was labeled as Ordinance No. FY2017- 22 Version 4. At the December 15, 2016 meeting, the Assembly held a public hearing on version 2 and then amended version 2 by substitution with version 4, postponed version 4 to the next regular Kodiak Island Borough Assembly Regular Meeting Minutes February 2, 2017 Page 3 of 7 meeting of January 19, 2016 and directed staff to provide recommendations to the policy questions raised by staff at that meeting. At the January 19, 2017 meeting, the Assembly amended version 4 and postponed to the February 2, 2017 regular meeting. Staff had prepared a memo related to the implementation of Ordinance No. FY2017-22 for discussion at the meeting. At the January 26, 2017 Work Session, Assembly members discussed options for bifurcating the two issues being dealt with in the ordinance. In response, staff had drafted Version 413 (included both reversion to 2012 IRC and "opt out" provision), Version 5 (included only reversion to 2012 IRC), and Version 6 (included only "opt out" provision) for consideration at the February 2, 2017 Regular Meeting. VAN DAELE moved that the motion to adopt Ordinance No. FY2017-22 (Version 4A) be divided and consider lines 1-174 (Split A) and lines 194-208 (Split B) separately. ROLL CALL VOTE TO DIVIDE THE ORDINANCE CARRIED FIVE TO ONE: Townsend, Van Daele, Crow, LeDoux, and Smiley (Ayes); Symmons (No). Clerk's note: Crow changed his vote from a No vote to a Yes vote. Mayor Rohrer announced that lines 1-174 (Split A) was before the Assembly CROW moved to postpone to the next regular meeting of the Assembly. VAN DAELE moved to call the question to end discussion ROLL CALL VOTE TO END DISCUSSION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Smiley, and Symmons. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FIVE TO ONE: Van Daele, LeDoux, Smiley, Townsend, and Crow (Noes); Symmons (Ayes). ROLL CALL VOTE ON MOTION TO ADOPT SPLIT A CARRIED UNANIMOUSLY: Crow, LeDoux, Smiley, Symmons, Townsend, and Van Daele. Mayor Rohrer announced that Split B was now before the Assembly. TOWNSEND moved to amend Ordinance No. FY2017-22 Version 4A, Split B by adding on lines 189-191 (from version 7) which read: "C. In order to seek an exemption under KIBC 15.010.050 an individual must not have received prior exemptions under KIBC 15.10.050.13 for a parcel or tax lot which is different than that for which the current exemption is being sought." ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Smiley, Symmons, Townsend, Van Daele, and Crow (Ayes); LeDoux (Noes). VAN DAELE moved to call the question. ROLL CALL VOTE TO CLOSE DEBATE FAILED FOUR TO THREE: Symmons, Townsend, Crow, and Rohrer (Noes); Smiley, Van Daele, and LeDoux (Noes). CROW moved to amend Split B to state that the ordinance takes effect 90 days from adoption. Kodiak Island Borough Assembly Regular Meeting Minutes February 2, 2017 Page 4 of 7 ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Smiley, and Symmons. CROW moved to call the question on Split B. VOICE VOTE TO END DISCUSSION CARRIED UNANIMOUSLY. ROLL CALL VOTE ON SPLIT B MAIN MOTION AS AMENDED FAILED FOUR TO TWO: LeDoux, Smiley, Van Daele, and Crow (Noes); Symmons and Townsend (Ayes). Clerk's note: Assembly member Crow changed his Yes vote to a no vote. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2017-28 Supporting Pink Salmon Disaster Relief and Urging Congress to Appropriate Disaster Relief Funding. LEDOUX moved to adopt Resolution No. FY2017-28. Due to poor pink salmon returns throughout the Gulf of Alaska during the 2016 pink salmon fishery, Governor Walker requested and received a determination of a commercial fishery failure (disaster) from the US Department of Commerce. The disaster declaration included the Kodiak Area pink salmon fishery. The Borough's lobbying contractor had recommended passing a resolution in favor of pink salmon disaster relief. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Smiley, Symmons, Townsend, Van Daele, and Crow. Ordinances for Introduction 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 No. FY2016-17A in first reading to advance to public hearing at the next regular meeting of the Assembly. 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. The proposed amendment before the Assembly moved the sunset date to April 30, 2017. The additional time allowed for the Assembly and Planning and Zoning Commission to review the proposed regulations put forward by the Marijuana Task Force (created by Resolution No. FY2016-31) and to receive additional public comment on the issue. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. 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 Kodiak Island Borough Assembly Regular Meeting Minutes February 2, 2017 Page 5 of 7 Officer Or A New Assembly Member In Case Of A Tie LEDOUX moved to adopt Ordinance No. FY2017-26 in first reading to advance to public hearing at the next regular meeting of the assembly. 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 this section was necessary to provide for a mechanism to resolve a tie and to avoid an impasse. KIBC 2.30.070 (F)(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. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, Crow, LeDoux, and Smiley. Other Items 1. Declaring A Seat On The Parks And Recreation Committee Vacant (Ms. Marnie Leist). VAN DAELE moved to declare the seat held by Ms. Marnie Leist on the Parks and Recreation Committee for a seat term to expire December 2017 vacant and direct the Clerk to advertise the vacancy per Borough Code. On January 17, 2017 the Clerk's Office received notice of the resignation of Ms. Marnie Leist, who served on the Parks and Recreation Committee since February 2015. Per KIBC 2.100.070(A) Vacancies, it was necessary to declare the seat held by Ms. Leist vacant, and according to KIBC 2.100.070(D) the vacancy shall be advertised for new applicants for a seat term to expire December 2017. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Smiley, and Symmons. 2. Letter Of Support For Fish And Game Who Is Pursuing Federal Funding For Its Weir On Buskin River. SMILEY moved to approve a letter of support for Fish and Game to pursue Federal Funding for its weir on Buskin River. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux, Smiley, Symmons, and Townsend. CITIZENS' COMMENTS Judi Kidder spoke regarding the investment options of the Borough. Mike Milligan expressed appreciation to the Assembly for its deliberations on these difficult issues. Aaron Griffin commented that he would be willing to seat on the committee that would look at exemption codes in the future. Jeff Stewart suggested the value of restating motions before they were voted on. Kodiak Island Borough Assembly Regular Meeting Minutes February 2, 2017 Page 6 of 7 ASSEMBLY MEMBERS' COMMENTS Assembly member Townsend spoke to consistency and allowing more time to work on issues. He recognized the Assembly struggle in making policy decisions to meet the needs of the entire Borough. He encouraged the public to start discussing issues with their neighbors. Assembly member Smiley appreciated the turn out and the discussion on the building codes. Assembly member Symmons retracted his comment that pertained to community members who were "born with a silver spoon in their mouths." He appreciated the public turn out at this meeting. VAN DAELE moved to extend the meeting by 10 minutes. VOICE VOTE CARRIED UNANIMOUSLY. Assembly member LeDoux appreciated the diversity of the Assembly. He reminded the audience that it was possible that items could be reconsidered at the next regular meeting. Assembly member Crow spoke to the challenges of serving on the Assembly. He recapped how many of the public spoke. He reminded everyone that the Assembly serves the public. Assembly member Van Daele appreciated and complimented Ms. Brandi Wagner. He was glad to see that the Assembly was able to work the issues in an optimistic manner for the community. ADJOURNMENT LEDOUX moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 10:40 p.m. ATTEST: KODIAK ISLAND BOROUGH Daniel A. Rohref, Mayor Nova M. Javier, MMC, orough Clerk Approved on: March 23, 2017 Kodiak Island Borough February 2, 2017 Assembly Regular Meeting Minutes Page 7 of 7