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2016-11-03 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting November 3, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on November 3, 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, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. Clerk's note: There was one vacant seat on the Assembly. APPROVAL OF AGENDA CROW moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS Dave Townsend congratulated the newly elected assembly members. He spoke in support of Resolution No. FY2017-19. Sara Fish and Virginia Adams encouraged the Assembly to reach out to the Chiniak School Board before cutting more trees around the Chiniak School. AWARDS AND PRESENTATIONS Mayor Rohrer presented a proclamation of appreciation to the City Parks and Recreation Department and encouraged all citizens to recognize the accomplishments and contributions of the City Parks and Recreation Department to Kodiak. The Assembly received an update via a PowerPoint presentation on the Kodiak Archipelago Rural Regional Leadership Forum from Roberta Townsend Vennel. COMMITTEE REPORTS Assembly member Symmons gave an update regarding the Marijuana Task Force meeting. Assembly member Van Daele thanked Bayside Fire Chief Rue for the tour of the Bayside Fire Hall. Kodiak Island Borough Assembly Regular Meeting Minutes November 3, 2016 Page 1 of 7 PUBLIC HEARING 1. Ordinance No. FY2017-16 Amending Sections of Kodiak Island Borough Code Title 18 Borough Real Property, Chapter 18.20 Real Property Disposal - In General To Address Certain Methods and Means of Borough Land Disposal Process. VAN DAELE moved to adopt Ordinance No. FY2017-16. The ordinance was recommended to the assembly by the Borough Lands Committee (BLC) in order to address certain matters related to borough land disposal and land sales. The BLC established a subcommittee of its members in order to delve into the various provisions of KIBC Chapter 18.20 Real Property Disposal - In General. The subcommittee met over the course of several months to consider all provisions of KIBC 18.20. In the end, the subcommittee recommended a limited range of recommended amendments. This recommendation was subsequently reviewed by the full BLC and forwarded on to the assembly with the committee's recommendation. Note: The item was referred by staff to the Borough Lands Committee at its September 14, 2016 regular meeting. The BLC did not wish to make further changes to the recommended amendments. The BLC requested staff return the item to the assembly agenda "as -is". The recommended changes in the ordinance were considered by the BLC as necessary preparation for a spring land sale. The issue of alternative land disposal methods for disposals not by land sale would be addressed at another time after the preparations for a land sale had been completed. Mayor Rohrer opened the public hearing. Mel Stephens urged the Assembly to defeat the ordinance. He noted the rebate would be a waste. Dave Townsend spoke in support of the rebate being offered. He would like the rebate increased to 25% and the Assembly to establish guidelines on how to approach this. Mayor Rohrer closed the public hearing. Assembly member Skinner asked for clarity regarding the eligibility for rebate. Assembly member Crow appreciated the effort and sentiment that had gone into this, and he was not in support of this at this time. He hoped that the rebates were more directed to first time homebuyers. Assembly member LeDoux clarified his position and said that this was not the sole solution to achieve affordable housing but it was a piece of the puzzle. Assembly member Smiley noted that the rebate was trivial in the whole scheme of things. He was in support of the Ordinance. Assembly member Van Daele spoke in support of the Ordinance stating that this was one tool in the toolbox. Doing nothing does not help. Kodiak Island Borough Assembly Regular Meeting Minutes November 3, 2016 Page 2 of 7 ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: LeDoux, Smiley, Van Daele, and Rohrer (Ayes); Crow, Skinner, and Symmons (Noes). BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Chiniak wood permits were available in the area that had been logged on Lesnoi property • Updates on fixing doors and windows at the Bayside Fire Hall • Attended the Coast Guard event on behalf of the Assembly • Navy Seals had been conducting training activities and were looking for more suitable areas to conduct future activities Auditing bills for appropriate expenditures MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer provided an update regarding his meetings with the Cook Inlet Regional Advisory Council staff and his meeting with Kathie Wasserman, Alaska Municipal League executive director. UNFINISHED BUSINESS None. NEW BUSINESS Reorganization of the Kodiak Island Borough Assembly. Election of the Deputy Presiding Officer. KIBC 2.30.040 states the provisions regarding the Assembly organization and the election of the deputy presiding officer. SMILEY moved to nominate Assembly member LeDoux as Deputy Presiding Officer. CROW moved to nominate Assembly member Skinner as Deputy Presiding Officer. The Clerk distributed ballots for the Assembly members to cast their ballots. Assembly member LeDoux was nominated as Deputy Presiding Officer. He received four votes and Assembly member Skinner received two. Contracts None. Resolutions 1. Resolution No. FY2017-19 Not Impose Any More Cut Commercial Fisheries BL Increased State Taxes O Funding Gap For ADFG j Commercial Fisheries. Kodiak Island Borough November 3, 2016 Requesting The Alaska Legislature And Governor Walker To To The ADFG Budget And Particularly To The Division Of Jget And Any Tax Revenue Generated From New Or i The Commercial Seafood Industry Be Used To Fill The ,nd Pay For Continuing Effective Management Of Alaska's Assembly Regular Meeting Minutes Page 3 of 7 SKINNER moved to adopt Resolution No. FY2017-19. The resolution was discussed by the Kodiak Fisheries Work Group. It was also mentioned during the Assembly work session of October 13 and was discussed jointly by the Kodiak Island Borough Assembly and the City of Kodiak Council on October 19. The resolution requested the Alaska Legislature and Governor Walker to not impose any more cuts to the ADFG budget and particularly to the Division of Commercial Fisheries budget and any tax revenue generated from new or increased state taxes on the commercial seafood industry be used to fill the funding gap for ADFG and pay for continuing effective management of Alaska's commercial fisheries. This is going to be submitted to the Alaska Municipal League for its consideration. • It would be offered to the Resolution Committee on Wednesday, November 16 at 5 p.m. • It required support of representatives of five (5) member municipalities • If the Resolution Committee accepts the resolution, copies need to be made available for the AML business meeting on Friday, November 18 • It would be reviewed, debated, and acted upon by the AML membership. • The Borough who was the sponsor would be given an opportunity to discuss and support the resolution at the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Van Daele, and Crow. 2. Resolution No. FY2017-20 Authorizing The Bayside Fire Department To Submit An Application To The Assistance To Firefighters Grant (AFG) Program. LEDOUX moved to adopt Resolution No. FY2017-20. Bayside Fire Chief Rue submitted an application to the Assistance to Firefighters Grant program to purchase installation of an exhaust ventilation system and gear to include self-contained breathing apparatus (SCBA), bunker gear, and thermal imaging devices. The application was due by November 18. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Van Daele, Crow, and LeDoux. Ordinances for Introduction None. Other Items 1. Approval of the Kodiak Island Borough Assembly 2017 Meeting Schedule. LEDOUX moved to approve the Assembly 2017 meeting schedule. The calendar reflected the Assembly meetings for the upcoming year. Annually the calendar was presented to the Assembly for review and approval for the upcoming year. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Van Daele, Crow, LeDoux, and Skinner. 2. Assembly Review and Taking Official Action In Support To The Alaska Municipal League Resolution No. 2017-04 Real Property Disclosure in Alaska, Resolution No. Kodiak Island Borough Assembly Regular Meeting Minutes November 3, 2016 Page 4 of 7 2017-10 Inclusion Of The Port Of Anchorage On A Statewide GO Bond, Resolution No. 2017-12 Addition of Port and Harbor Employees Covered by AS 12.55.135, and Resolution No. 2017-13 Changes To Alaska Statutes Improving The Management And Prevention Of Derelict Vessels. SMILEY moved to support to AML Resolution No. FY2017-04. The Assembly reviewed the AML Strategy Packet and Resolutions at its work session of October 27. Since authorization would be granted to a delegate who would be voting on behalf of the Borough, it was important for the Assembly to take positions on the resolutions. The Assembly was in agreement to support all the resolutions in the AML packet except for the following: Resolution No. 2017-04, Resolution No. 2017-10, Resolution No. 2017-12, and Resolution No. 2017-13. ROLL CALL VOTE ON MOTION FAILED FOUR TO TWO: Symmons, Van Daele, Crow, and LeDoux (Noes); Skinner and Smiley (Noes). SMILEY moved to support to AML Resolution No. FY2017-10. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Van Daele, LeDoux, Skinner, Smiley, and Symmons (Ayes); Crow (No). SMILEY moved to support to AML Resolution No. FY2017-12. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Crow, Skinner, Smiley, and Symmons (Noes); LeDoux and Van Daele (Ayes). SMILEY moved to support to AML Resolution No. FY2017-13. ROLL CALL VOTE ON MOTION FAILED FOUR TO THREE: Skinner, Symmons, Crow, and Rohrer (Noes); LeDoux, Smiley, and Van Daele (Ayes). 3. Assembly Approval Of An Assembly Candidate To The Alaska Municipal League Board of Directors District 10 Seat. LEDOUX moved to approve the candidacy of Assembly member SMILEY to the Alaska Municipal Board of Directors, District 10 seat. There was a seat open on the Alaska Municipal Board of Directors (District 10). The City of Kodiak Mayor served as the Vice -President of AML and a Council Member served as the National League of Cities representative on the Board. Due to the financial commitment involved, potential candidates should file their intent and obtain Assembly approval for the candidacy. Note: Assembly member Skinner would serve on SWAMC until the Spring Annual Conference. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Van Daele, Crow, and LeDoux. Kodiak Island Borough Assembly Regular Meeting Minutes November 3, 2016 Page 5 of 7 CITIZENS' COMMENTS Scott Bonney commented regarding the trees around the Chiniak School and the value of notifications to Chiniak residents. He was in favor of the Accessory Dwelling Units and commented that they were willing to work with the Borough to give guidance regarding the Comprehensive Plan. ASSEMBLY MEMBERS' COMMENTS Assembly member Smiley was glad for the support for the AML Board nomination. He thanked the applicants who had applied for the vacant Assembly seat. Assembly member Symmons also thanked the Assembly seat applicants. He thanked Bayside Fire Chief Rue for his attendance at the Assembly meetings. Assembly member Ledoux also was thankful for the applicants. He thanked Assembly member Skinner for her service as the Deputy Presiding Officer for the past year. He commented about the Capital Improvement Projects (CIP) list. Assembly member Skinner thanked the Assembly seat applicants. She would like the CIP lists better coordinated next year. Assembly member Crow encouraged the Chiniak residents to consider forming a service area or a committee as an avenue to bring forth their concerns. Assembly member Van Daele thanked the applicants for the vacant seat, thanked the audience for allowing him to serve the community. Announcements Mayor Rohrer announced that an Assembly special meeting followed by a regular work session was scheduled for Thursday, November 10 at 6:30 p.m. in the borough conference room. The regular meeting scheduled for Thursday, November 17 had been canceled due to the Mayor and Assembly members attending the Alaska Municipal League Conference in Anchorage, Alaska November 14-18, 2016. There was an Assembly special meeting followed by a regular work session scheduled for Tuesday, November 29, 2016 at 6:30 p.m. in the borough conference room and the next Assembly regular meeting was scheduled for Thursday, December 1 at 6:30 p.m. in the Borough Assembly Chambers. The Borough offices would be closed Friday, November 11 in observance of Veterans Day. The Kodiak Island Borough was seeking applicants to fill a vacant Assembly member seat for an appointment to expire October 2017. Applications were available in the Borough Clerk's Office and on the Kodiak Island Borough website. They may be faxed to 907-486-9391, e- mailed to clerks@kodiakak.us, mailed, or hand delivered to Room 234, 710 Mill Bay Road, Kodiak, AK 99615 through tomorrow, November 4, 2016. If you have any questions, please call the Borough Clerk's Office at 486-9310. Kodiak Island Borough Assembly Regular Meeting Minutes November 3, 2016 Page 6 of 7 EXECUTIVE SESSION 1. Matters Involving Negotiations With The IBEW. VAN DAELE 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.i.d) matters involving negotiations with labor organizations representing borough employees. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Van Daele, Crow, LeDoux, and Skinner. CROW moved to invite the Borough Mayor, Assembly, Manager, and Clerk into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Van Daele, Crow, LeDoux, Skinner, and Smiley. After the vote, Mayor Rohrer recessed the regular meeting at 8:45 p.m. and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting at 9:50 p.m. and announced that direction was given to the Borough Manager on how to precede with the IBEW negotiations. ADJOURNMENT LeDoux moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux, Skinner, Smiley, and Symmons. The meeting was adjourned at 9:51 p.m. A ST: Javier, MMC, B I ough Clerk KOD _ AND BORO H Daniel A. Rohrer, Mayor Approved on: March 23, 2017 Kodiak Island Borough Assembly Regular Meeting Minutes November 3, 2016 Page 7 of 7