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2016-12-01 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting December 1, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on December 1, 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 of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, 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. APPROVAL OF AGENDA AND CONSENT AGENDA SMILEY moved to approve the agenda and consent agenda. SKINNER moved to amend the agenda by removing the following: Item 13.C.1, Ordinance No. FY2017-12 Rezoning 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. 16-028). Item 13.D.4, Confirmation of the Annual Mayoral Appointments to the Various Boards, Committees, and Commissions. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Crow, LeDoux, Townsend, Skinner, Smiley, Symmons, and Van Daele. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: LeDoux, Townsend, Skinner, Smiley, Symmons, Van Daele, and Crow. APPROVAL OF MINUTES Regular Meeting Minutes of July 21, August 4, August 18, September 1, and September 15, 2016 and Special Meeting Minutes of August 11, August 25, September 22, and October 27, 2016 were approved under the consent agenda. CITIZENS' COMMENTS The following spoke under citizens comments regarding Resolutions No. FY2017-24 and 2017- 25: Stacy Studebaker Dan Urban Josh Fitzgerald Debra Nielsen Jill Wittenbrader Jay Johnston Braxton Dew Joseph Stanton Molly Miller Stosh Anderson Jeff Stewart Dick Rohrer Theresa Peterson Mike Milligan Curtis Bradham Jan Chatto Cindy Trussell Pete Hannah Claudia Anderson Peter Hanley Mike Sirofchuck Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2016 Page 1 of 11 Linda Himelbloom Fred Fogle Chad PVsher Tia Leber Steve GreV Chad Barbour Summer Christiansen Mark Blakeslee Mel Stephens Deborah Cancer Rae Jean Blaschka Duane Dvorak, Resource Management Officer, spoke to the land issues relating to Resolutions No. FY2017-24 and FY2017-25. AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS Assembly member Van Daele announced the next Borough Lands Committee meeting. He noted that the Borough was extremely fortunate to have Clerk Nova Javier who was currently serving as the President for the Alaska Association of Municipal Clerks (AAMC). He noted that Kodiak was taking leadership roles in the State. Assembly member Smiley was also selected to serve on the Alaska Municipal League (AML) Executive Board and the City of Kodiak currently held a seat on the Board as well. He gave an update regarding the resolution that was submitted to AML and was glad that they were able to garner support. Assembly member Symmons provided a brief update on the activities of the Marijuana Task Force. Assembly member Smiley gave an update regarding his attendance at the Newly Elected Officials (NEO) training and the (AML) conference. He was glad to represent the Borough on the AML Board. Assembly member Townsend felt that the NEO/AML training was valuable and informative. He appreciated the opportunity to attend. Assembly member Crow also attended AML and gave an overview of the Governor's presentation on the State budget. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Alaska Municipal Manager's Association and NEO/AML Conference attendance • Alaska Manager's training opportunities • Revenue sharing and State budget discussions • Potential Lands Trusts in Alaska • Karl Short was honored during the AMUJIA breakfast • Gave kudos to Bayside Fire Chief Rue and Community Development Department Director Sara Mason • Reached out to the Juneau and DC Lobbyists • Update that the school issues in Akhiok were being worked on Kodiak Island Borough December 1, 2016 Assembly Regular Meeting Minutes Page 2 of 11 MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer announced the upcoming Joint Work Session with the School District Board. He also provided an update regarding the Marijuana Task Force tasks that had been completed and the presentation of its recommendations to the Assembly. He welcomed Assembly member Townsend to the Assembly. UNFINISHED BUSINESS 1. Resolution No. FY2017-05 Accepting The Recommendation Of The Planning And Zoning Commission By Approving The Disposal Of Lots 2 And 3 (As One Lot), Block 38, East Addition Subdivision (P&Z Case No. 16-026). The motion on the floor was to adopt Resolution No. FY2017-05. The item was postponed at the September 1 regular meeting to November 17, 2016 Regular Meeting. The November 17 meeting was cancelled due to the attendance of Assembly members to the Alaska Municipal League Conference in Anchorage. The land disposal request was recommended by the Borough Lands Committee and initiated by the Borough Assembly. The intent of the request was to offer the parcels for sale to the public at a future Borough land sale. The Planning and Zoning Commission held a public hearing on the land disposal request at its July 13, 2016 regular meeting. During the public hearing, the Commission raised concerns over lot area and topographical constraints that would restrict the development of suitable residential building sites on each individual lot as currently platted. The Commission determined that Lots 2 and 3 should be replatted into a single parcel to ensure a suitable residential building site could be developed. Accordingly, the Commission voted four to two in favor of recommending that the Assembly approve the disposal of lots 2 and 3 as one lot. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Townsend, Skinner, Smiley, Symmons, Van Daele, Crow, and LeDoux. NEW BUSINESS Contracts 1. Approval Of Change Order No. 1 Amending Contract FY2016-28 With Playcraft Direct Inc, To Purchase Playground Equipment For The Playground Replacements Project. SKINNER moved to approve Change Order No. 1 amending Contract FY2016-28 with Playcraft Direct Inc., in the amount of $355,136.38 to purchase playground equipment for the Playground Replacements project. Kodiak Island Borough Code 3.30.100 Change Orders - Manager Authority required Assembly approval for a change order exceeding $200,000. One of the bond projects approved by voters in the 2014 election was replacement of playground equipment at the schools in Akhiok, Chiniak, Karluk, Old Harbor, Ouzinkie, and Port Lions. After completing three other bond projects under budget during the summer of 2016, staff requested and received approval from the Alaska Department of Education and Early Development to redirect funds from those projects to replace the equipment in Larsen Bay as well. Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2016 Page 3 of 11 The Assembly approved Contract FY2016-28 with Playcraft Direct Inc. in May 2016, and Playcraft subsequently provided several options to meet the equipment budget for each school. In June and July 2016 Projects Office staff traveled to each village to meet with community members and receive input on their preferences. The results of these meetings were sent back to Playcraft who provided updated layouts and pricing for each site, which were then offered to each village for final approval. The change order was for approval to order the equipment selected by each village. The total budget for construction was $705,320, of which half was designated for equipment procurement and half for installation. The proposed cost for all the equipment was $355,136.38. An invitation to Bid for installation was scheduled to be issued in early 2017, and installation would occur in summer 2017. Funding for the project would come from general obligation bonds and a Designated Legislative Grant of $50,000 for the Chiniak playground. The bond funds were eligible for 70% reimbursement by the State of Alaska. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Van Daele, Crow, LeDoux, and Townsend. Resolutions 1. Resolution No. FY2017-24 Accepting Conservation Easements For Habitat Preservation And Public Access On Leisnoi Incorporated Land At Long Island. TOWNSEND moved to adopt Resolution No. FY2017-24. Approximately one year ago, native corporation Leisnoi Incorporated proposed to sell conservation easements on Long Island to the Exxon Valdez Oil Spill Trustee Council (EVOSTC) for a total of 1,258.5 acres in two parcels. At that time, the assembly adopted KIB Resolution No. FY2016-14, indicating a willingness to consider holding the conservation easement agreements in order to benefit the local community and to allow the process to move forward. After a thorough process facilitated by conservation organization Great Land Trust, an easement agreement had been drafted based on extensive due diligence activities and reviewed by the various parties to the agreements. The completed draft conservation easement agreements were presented for review and acceptance by the assembly on behalf of the Kodiak Island Borough community. Assembly member Van Daele recused himself from this item and left the Assembly Chambers for the remainder of the discussion. CROW moved to amend Resolution No. FY2017-24 to include a section that included an indemnity drafted by the Borough attorney. ROLL CALL VOTE ON MOTION TO AMEND FAILED THREE TO FOUR: Symmons, Crow, and Skinner (Ayes); Smiley, LeDoux, Townsend, and Rohrer (Noes). Clerk's note: Mayor Rohrer voted to break a tie. ROLL CALL VOTE ON MAIN MOTION CARRIED FOUR TO TWO: Symmons, LeDoux, Townsend, and Smiley (Ayes); Crow and Skinner (Noes). 2. Resolution No. FY2017-25 Accepting A Conservation Easement For Habitat Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2016 Page 4 of 11 Preservation And Public Access On Leisnoi Incorporated Land At Termination Point. LEDOUX moved to adopt Resolution No. FY2017-25. Approximately one year ago, native corporation Leisnoi Incorporated had proposed to sell a conservation easement to the Exxon Valdez Oil Spill Trustee Council (EVOSTC) for a 1,028 acre parcel of land at Termination Point. At that time, the assembly adopted KIB Resolution No. FY2016-13, indicating a willingness to consider holding the conservation easement agreement in order to benefit the local community and to allow the process to move forward. After a thorough process facilitated by conservation organization Great Land Trust, an easement agreement had been drafted based on extensive due diligence activities and reviewed by the various parties to the agreement. The completed draft conservation easement was being presented for review and acceptance by the assembly on behalf of the Kodiak Island Borough community. CROW moved to amend Resolution No. FY2017-25 to include a section that included an indemnity drafted by the Borough attorney. ROLL CALL VOTE ON MOTION TO AMEND FAILED THREE TO FOUR: Crow, Skinner, Symmons (Ayes); LeDoux, Townsend, Smiley, and Rohrer (Noes). Clerk's note: Mayor Rohrer voted to break a tie. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: LeDoux, Townsend, Smiley, and Symmons (Ayes); Skinner and Crow (Noes). SYMMONS moved to recess the meeting at 8:46 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Mayor Rohrer reconvened the meeting at 8:55 p.m. and invited Assembly member Van Daele back to the dais. 3. Resolution No. FY2017-26 A Resolution Of The Assembly Of The Kodiak Island Borough In Support Of Full Funding From The State of Alaska For The School Bond Debt Reimbursement And State Aid For Construction In Regional Education Attendance Areas. SKINNER moved to adopt Resolution No. FY2017-26. The resolution was in support of municipalities asking for the State of Alaska to pay out the full funding of FY2017 school bond debt reimbursement as well as funding in full the State Aid for Construction in Regional Education Attendance Areas and encouraging the State to not decrease the funding in these areas in the future. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Skinner, Smiley, Symmons, Van Daele, Crow, and LeDoux. 4. Resolution No. FY2017-21 Accepting The Recommendation Of The Planning And Zoning Commission By Approving Retention Of Tract A-1, Block 4, Kadiak Alaska Subdivision, 1 st Addition (P&Z Case No. 17-003). Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2016 Page 5 of 11 SKINNER moved to adopt Resolution No. FY2017-21. On September 21, 2016, the Planning and Zoning Commission voted to adopt P&Z Resolution No. FY2017-09, in support of retaining Tract A-1, Block 4, Kadiak Alaska Subdivision, 1st Addition. The case was originally heard on August 17, 2016, but was postponed to allow for additional public participation. 37 additional public hearing notices were received prior to the public hearing on September 21, 2016; 36 of which opposed disposal. A number of respondents brought to staff's attention the existing drainage issues in the area, in addition to the uses of the land by the public that staff was originally unaware of. Staff's original recommendation on August 17, 2016 was in support of disposal. However, based on new information provided through public input, staff's recommendation at the September 21, 2016 meeting supported retention of the parcel. ROLL CALL VOTE ON MOTION FAILED THREE TO FOUR: Smiley, Symmons, and Van Daele (Ayes); Crow, LeDoux, Townsend, and Skinner (Noes). Resolution No. FY2017-23 Accepting The Recommendation Of The Planning And Zoning Commission By Approving The Disposal Of Lot 3, Lake Orbin Subdivision (P&Z Case No. 17-007). LEDOUX moved to adopt Resolution No. FY2017-23. The land disposal request was recommended by the Borough Lands Committee and initiated by the Borough Assembly. The subject parcel was previously approved for disposal in 2001 by KIB Resolution No. 2001-02. However, given the length of time since that approval, a new disposal request was initiated in order to make the community, particularly property owners in the surrounding area, aware of the proposal to dispose of the property. The parcel was identified as Rural Residential in the 2008 Comprehensive Plan and was zoned RR1-Rural Residential One, which made it suitable for residential development. There was a perceived need for additional residential land in the community. Accordingly, the disposal was an effort to address that need by offering the parcel for sale to the public at a future Borough land sale. The Planning and Zoning Commission held a public hearing on the land disposal request at its August 17, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the land disposal. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Van Daele, Crow, LeDoux, Townsend, and Skinner. 6. Resolution No. FY2017-22 Accepting The Recommendation Of The Planning And Zoning Commission By Approving The Disposal Of Lots 1 and 2, Raven Hills Subdivision (P&Z Case No. 17-006). SKINNER moved to adopt Resolution No. FY2017-22. Kodiak Island Borough December 1, 2016 Assembly Regular Meeting Minutes Page 6 of 11 The land disposal request was recommended by the Borough Lands Committee and initiated by the Borough Assembly. The land was previously approved for disposal in 2001 by KIB Resolution No. 2001-02. However, given the length of time since that approval, a new disposal request was initiated in order to make the community, particularly property owners in the surrounding area, aware of the proposal to dispose of this property. Both Parcels were identified as Rural Residential in the 2008 Comprehensive Plan and were zoned RR1-Rural Residential One, which made it suitable for residential development. There was a perceived need for additional residential land in the community. Accordingly, the disposal was an effort to address that need by offering the parcel for sale to the public at a future Borough land sale. The Planning and Zoning Commission held a public hearing on the land disposal request at its August 17, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the land disposal. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Van Daele, Crow, LeDoux, Townsend, Skinner, and Smiley. Ordinances for Introduction 1. Ordinance No. FY2017-12 Rezoning 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. 16-028). This item was removed under approval of the agenda 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. CROW moved to adopt Ordinance No. FY2017-22 (Version 2) in first reading to advance to public hearing at the next regular meeting of the Assembly. The ordinance returns 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 Borough 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 written, assumed option 2 cited above. However, appropriate language was also included in the packet should the Assembly wish to pursue inclusion of an opt -out provision. Issues identified in relation to the opt -out provision and potential management/mitigation strategies were outlined in staff's memo. VANDAELE moved to amend Ordinance No. FY2017-22 by substitution (Version 3). ROLL CALL VOTE ON MOTION TO AMEND FAILED TWO TO FIVE: Smiley and Van Daele (Ayes); Crow, LeDoux, Townsend, Skinner, and Symmons (Noes). Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2016 Page 7 of 11 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux, Townsend, Skinner, Smiley, and Symmons. Other Items 1. Procurement Of A Ford F350 1 Ton 4X4 Truck for the Kodiak Island Borough Leachate Treatment Plant. This item was approved under the consent agenda. 2. State Of Alaska Alcoholic Beverage Control Board Request For Renewal Of Liquor License Applications Within The Kodiak Island Borough Jurisdiction. This item was approved under the consent agenda. 3. Mayoral Appointments Of Assembly Member Representatives To Different Boards, Committees, Commissions, And Councils; and Assembly Representatives To The Different Cities, Communities, and Villages. SKINNER moved to confirm the mayoral appointments of assembly member representatives to different Boards, Committees, Commissions, Cities and Villages with two changes noted by Mayor Rohrer. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Townsend, Skinner, Smiley, Symmons, and Van Daele. 4. Confirmation Of The Annual Mayoral Appointments To The Various Boards, Committees, And Commissions. This item was removed under Approval of the Agenda Consent Agenda. 5. Confirmation Of The Mayoral Appointment To The Kodiak Workforce Regional Advisory Council Health And Sports Fitness Seat (Ms. Melissa Passarello). SKINNER moved to appoint Ms. Melissa Passarello to the Health and Sports Fitness seat on the Kodiak Workforce Regional Advisory Council for a term to expire December 2020. On October 12, 2016 the Clerk' Office received an application from Ms. Melissa Passarello for the Health and Sports Fitness seat. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Townsend, Skinner, Smiley, Symmons, Van Daele, and Crow. 6. Confirmation Of The Mayoral Appointment To The Planning And Zoning Commission City Seat (Mr. Chris Hatch). SKINNER moved to confirm the Mayoral appointment of Mr. Chris Hatch to the City Seat on the Planning and Zoning Commission for a seat to expire December 31, 2019. There was one vacant City seat on the Planning and Zoning Commission. The seat had been vacant since December 2015. It was advertised per Borough Code and an application was received from Mr. Chris Hatch. Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2016 Page 8 of 11 The City of Kodiak forwarded a recommendation after its meeting on Thursday, November 10 to appoint Mr. Hatch to the vacant city seat for a term to expire December 2019. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Skinner, Smiley, Symmons, Van Daele, Crow, and LeDoux. SKINNER moved to extend the meeting to 11 p.m. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Van Daele, Crow, LeDoux, and Townsend. CITIZENS' COMMENTS Les James expressed his disappointment regarding the result of the votes on Resolution No. FY2017-21. Jeff Stewart commented regarding the building code changes. VAN DAELE moved to suspend the rules to move the Assembly members' comments before the executive session. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY ASSEMBLY MEMBERS' COMMENTS Assembly member Van Daele would definitely continue to look for options to increase lands available to the public. Assembly member Crow commented on property development in Kodiak. He was happy for Leisnoi and Kodiak for being able to enjoy the easements. He would be happy to work on building codes to provide exemption outside of the City. Assembly member Smiley gave a rundown of the resolutions adopted by AML and an overview of the items covered during the AML Conference. Assembly member LeDoux thanked the Borough Lands Committee and urged them to continue being proactive. He appreciated those who attended the meeting. He further commented on the decision of the Assembly to retain the property addressed through Resolution No. FY2017-21. He thanked Assembly member Skinner for her service on the Kodiak Fisheries Work Group. In response to his inquiry about wood permits, Manager Powers explained the process. Assembly member Symmons was pleased with the Manager's work and thanked the public members for their attendance. Announcements Mayor Rohrer announced the Assembly would hold a Joint Work Session with the School District Board on Tuesday, December 6 in the School District's Conference Room. The next Assembly work session would be held on Thursday, December 8 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting was scheduled for Thursday, December 15 at 6:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2016 Page 9 of 11 EXECUTIVE SESSION 1. Strategies In Negotiating The Hospital Lease. SKINNER moved to convene into executive session to discuss strategies in negotiating the hospital lease which qualifies for executive session per KIBC 2.30.030(F.1.b) any matter the immediate public knowledge of which would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Townsend, Skinner, Smiley, Symmons, and Van Daele. SKINNER moved to invite the Borough Mayor, Assembly, Manager, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Townsend, Skinner, Smiley, Symmons, Van Daele, and Crow. After the vote, Mayor Rohrer recessed the regular meeting at 10:28 p.m. and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting at 10:56 p.m. and announced that no action was taken as a result of the executive session. 2. Matters Involving Negotiations With The IBEW. SKINNER moved to convene into executive session to discuss Matters Involving Negotiations With The IBEW which qualifies for executive session per KIBC 2.30.030(F.1.d) matters involving negotiations with labor organizations representing borough employees. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Skinner, Smiley, Symmons, Van Daele, Crow, and LeDoux. SKINNER moved to invite the Borough Mayor, Assembly, Manager, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Van Daele, Crow, LeDoux, and Townsend. After the vote, Mayor Rohrer recessed the regular meeting at 10:57 p.m. and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting at 10:58 p.m. and announced that direction was given to the Manager to continue with the negotiations. ADJOURNMENT SKINNER moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Van Daele, Crow, LeDoux, Townsend, and Skinner. Kodiak Island Borough Assembly Regular Meeting Minutes December 1, 2016 Page 10 of 11 The meeting was adjourned at 10:58 p.m. A ST: .(14 1 - Nova M. Javier, MMC, rough Clerk Kodiak Island Borough December 1, 2016 KODIAK IS AND BOROUG aniel A. Rohrer, Mayor Approved on: March 23, 2017 Assembly Regular Meeting Minutes Page 11 of 11