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2018-03-22 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting March 22, 2018 A regular meeting of the Kodiak Island Borough Assembly was held on March 22, 2018, in the School District Conference Room of the Kodiak Island Borough School District Building, 722 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Sergeant Major Dave Blacketer of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Julie Kavanaugh, Andrew Schroeder, Rebecca Skinner, Scott Smiley, Dennis Symmons, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Karen Siador. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA CROW moved to approve the agenda and consent agenda. SMILEY moved to amend the agenda by adding the "approval of a letter to the City Mayor and City Council regarding consolidation" under other items on the agenda. VAN DAELE disclosed that he was employed by the City and requested the Mayor to rule if he had a conflict. MAYOR ROHRER ruled that Assembly Van Daele had a conflict and should not participate. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA FAILED FOUR TO ONE: Kavanaugh, Schroeder, Skinner, Smiley, Symmons, and Van Daele (AYES); Crow (NOES). Clerk's note: It requires unanimous votes to add an item on the agenda. VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY. *APPROVAL OF MINUTES A. *Regular Meeting Minutes Of December 21, 2017, January 4, 2018, January 18, 2018, February 1, 2018, February 15, 2018; and Special Meeting of February 15, 2018. The minutes were approved under consent agenda. CITIZENS' COMMENTS Judi Kidder spoke about the decorum during the joint work session held last March 21, 2018. Lisa Matlock of Prince William Sound Regional Citizen's Advisory Council thanked AI Burch who served for 15 years as one of the Board of Directors of PWSRCAC. Stip Tvenoe commented about the solid waste collection and offered ideas for cost saving. Mel Stephens talked about the location of the meetings and nonprofit funding. Kodiak Island Borough Assembly Regular Meeting Minutes March 22. 2018 Pace 1 of 8 Daniel Mckenna-Foster spoke about the declining population of the community, business' getting stifled, property owners restricted, creating and passing ordinances that do not fit the community needs. Holly Wells spoke on behalf of Emerald Sanitation Inc. regarding Contract No. FY2018-07. Sam Rohrer of Emerald Sanitation Inc. spoke about Contract No. FY2018-07. Danielle Sgecht spoke about putting school funding on the Assembly's agenda in an expedited manner. Jeff Stewart spoke about the decorum regarding the recently held Assembly/City Joint Work Session. Ryan Sharratt of Emerald Sanitation Inc. spoke about local hires, local economy, and local sustainability. Julie Bonney wished the Assembly good luck in solving issues and needs of the community. She also spoke about the letter regarding Chinook Salmon PSC Cap Adjustments for the Gulf of Alaska (GOA) Catcher Vessel (CV) Non -Pollock Trawl Sector. AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS Assembly member Smiley provided an update regarding the Kodiak Fisheries Work Group meeting and noted a Chinook letter that will be before the Assembly for approval. PUBLIC HEARING Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide For Additional Regulation Of Communications Towers (P&Z Case No. 18-011). VAN DAELE moved to approve Ordinance No. FY2018-17. In the past several years, the usage of mobile devices and personal electronics have expanded considerably, with a corresponding increase in the need for new and expanded types of telecommunications infrastructure. Currently the Kodiak Island Borough lacks language in its zoning code to regulate this infrastructure. This ordinance created regulations and processes for the land use -related permitting of these towers. Community Development Department staff held one public meeting and the Planning & Zoning Commission held 8 work sessions and one public hearing. At the public hearing on January 24, 2018, P&Z voted unanimously to forward the ordinance to the Assembly for review approval. Mayor Rohrer opened the public hearing. Hearing and seeing none, Mayor Rohrer Closed the public hearing. Kodiak Island Borough Assembly Regular Meeting Minutes March 22, 2018 Page 2 of 8 ROLL CALL VOTE ON THE MOTION CARRIED SIX TO ONE: Kavanaugh, Schroeder, Skinner, Smiley, Symmons, and Van Daele (AYES); Crow (NO). 2. Ordinance No. FY2018-18 Amending KIBC Title 2 Administration And Personnel, Chapter 2.20 Borough Mayor, Section 2.20.070 Miscellaneous And Chapter 2.30 Rules Of The Assembly, Section 30.100 Miscellaneous To Revise The Mayor And Assembly Member Insurance Benefits VAN DAELE moved to approve Ordinance No. FY2018-18. Borough code reflected that the Borough Mayor and Assembly members may be included in the Borough health and life insurance plan. The Mayor and Assembly have not received coverage under the Borough health and life insurance plan for many years. Under the Kodiak Island Borough's current special agreement with the Alaska Electrical Trust Fund (AETF), medical insurance benefits only extend to its full- time employees defined as those working 120 hours or more per month. Ordinance No. FY2018-18 was intended to correct borough code to reflect the current agreement. The insurance participation was mandatory-- you cannot opt out of it. The coverage for assembly members would be the same. If one member wants coverage, all members would be obligated to participate. Mayor Rohrer opened the public hearing. Hearing and seeing none, Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Smiley, Symmons, Van Daele, and Crow. BOROUGH MANAGER'S REPORT • Attended the Rural Forum and spoke about the consolidation • Upcoming Rural Forum this April • Mayor and Manager met with the US Navy Personnel • Staff members were working on the budget • Leave of absence of borough staff MESSAGES FROM THE BOROUGH MAYOR • Spoke with US Navy Lt. Abe along with Mike Tvenge regarding Northern Edge and Kodiak US Navy Seal base • Joint work session last night with the City • Letter of consolidation to be put on the agenda • Letter regarding Chinook Salmon and calling a special meeting on March 29 • Out of town for personal leave starting March 25 to March 28 UNFINISHED BUSINESS Kodiak Island Borough Assembly Regular Meeting Minutes March 22, 2018 Page 3 of 8 Contract No. FY2018-07 Solid Waste Collection Services Contract for the Kodiak Island Borough for Fiscal Years 2018-2026. The motion on the floor is to "Move to authorize the Manager to execute Contract No. FY2018-07 Solid Waste Collection Services Contract with Alaska Waste of Alaska Inc. for the Kodiak Island Borough for Fiscal Years 2018-2026." Mayor Rohrer declared a conflict of interest, excused himself, and passed on the gavel to Deputy Presiding Officer Skinner. Deputy Presiding Officer Skinner declared that Mayor Rohrer was conflicted and excused him. VAN DAELE moved to convene into Executive Session to review the legal opinion obtained pertaining to the Borough's competitive sealed proposal procurement applied to this contract. This discussion qualifies for an executive session as a potential litigation to which the borough may become a party and as a matter of discussing confidential attorney-client communications. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Smiley, Symmons, Van Daele, Crow, and Kavanaugh. VAN DAELE moved to invite Assembly members, Borough Manager, E&F Director, and Borough Clerk Staff into executive session. VOICE VOTE ON MOTION CARRIED. Deputy Presiding Officer Skinner recessed the regular meeting at 7:40 p.m. and convened the executive session. Deputy Presiding Officer reconvened the regular meeting at 8:29 p.m. and announced that no action was taken as a result of the executive session. ROLL CALL VOTE ON THE MAIN MOTION FAILED THREE TO FOUR: Smiley, Crow, and Kavanaugh (AYES); Skinner, Symmons, Van Daele, and Schroeder (NOES). Deputy Presiding Officer Skinner passed the gavel to Mayor Rohrer. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2018-26 Amending The Kodiak Island Borough Records Retention Schedule And Central Filing System To Reflect Amendments And Additions To Various Records Series. VAN DAELE moved to adopt Resolution No. FY2018-26. On April 6, 2017, the Assembly adopted marijuana regulations per Ordinance No. FY2017-28. This necessitated that these records be incorporated into the retention schedules for the Borough Clerk and Finance Department record series. Kodiak Island Borough Assembly Regular Meeting Minutes March 22, 2018 Page 4 of 8 Other series that are amended or added are the following: Series FI -39 was amended to give further details on the type of tax forms that are going to be retained. FI -47 - medical history of borough employee medical records and workman's comp files FI -48 - Travel Accounting FI -49 - Popular Report The records administrator consulted with staff to finalize the proposed amendments to the Borough Clerk and Finance records series. CROW moved to amend the resolution to retain the popular report from 7 years to permanent. VAN DAELE moved to postpone Resolution No. FY2018-26 to the regular meeting of April 19. ROLL CALL VOTE TO POSTPONE FAILED ONE TO SIX: Symmons (AYE); Smiley, Van Daele, Crow, Kavanaugh, Schroeder, and Skinner (NOES). ROLL CALL VOTE TO AMEND THE MOTION CARRIED SIX TO ONE: Symmons, Crow, Kavanaugh, Schroeder, Skinner, and Smiley (AYES); Van Daele (NO). ROLL CALL VOTE ON THE MOTION AS AMENDED CARRIED SIX TO ONE: Van Daele, Crow, Schroeder, Skinner, Smiley, and Symmons (AYES); Kavanaugh (NO). 2. Resolution No. FY2018-30 Adopting The Kodiak Island Borough Strategic Plan For The Years 2018-2023 VAN DAELE moved to adopt Resolution No. FY2018-30. A strategic plan consisting of priorities of the Borough is needed to guide the budget process and ensure that the Assembly clearly communicates its priorities to Borough staff and the public. A strategic planning meeting was held on Sunday, January 21, 2018, to determine the priorities for the Borough. The Assembly identified five (5) strategic directions for its strategic plan and desires to adopt these by resolution. The attached resolution was proposed to adopt the Strategic Plan for the years 2018-2023. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Crow, Kavanaugh, Schroeder, Skinner, Smiley, Symmons, and Van Daele. 3. Resolution No. FY2018-27 Accepting The Recommendation Of The Planning And Zoning Commission By Approving The Disposal Of A Portion Of Lot 5A-1 B, U.S. Survey 2538A, By Lease, For The Specific Purpose Of Providing Mental Health Services To The Kodiak Community (P&Z Case No. 18-013). VAN DAELE moved to adopt Resolution No. FY2018-27. This request was seeking disposal of the subject Borough owned land and associated structures, by lease, for the specific purpose of providing mental health services to the Kodiak Community. The land and structures have been leased by health providers for that purpose for more than 20 Kodiak Island Borough Assembly Regular Meeting Minutes March 22, 2018 Page 5 of 8 years. The current lease holder, Providence Health & Services, was seeking to renew their lease so they may continue to provide those crucial services through the Kodiak Island Counseling Center. Borough legal counsel had advised that transfer of Borough owned real property by lease constitutes a disposal and that any such transfer must follow the procedures listed in Chapter 18.20 (Real Property Disposal — in General) of the Borough Code. Staff review had shown that those procedures were not followed during previous leases of the subject property. Consequently, this formal disposal request was submitted to properly facilitate the lease renewal. The Planning and Zoning Commission held a public hearing on this land disposal request at their January 24, 2018 regular meeting. After the public hearing, the Commission voted unanimously to recommend that the Assembly approve this disposal by lease. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Smiley, Symmons, Van Daele, and Crow. Ordinances for Introduction Ordinance No. FY2018-19 Amending KIBC 17.15 (General Provisions And Use Regulations), KIBC 17.215 (Review Of Planning And Zoning Commission Decision), KIBC 17.220 (Appeals To The Planning And Zoning Commission), And KIBC 17.225 (Appeals To The Board Of Adjustment), Making The Appeal Periods For Land Use Decisions And The Removal Of Effective Date Provisions For Variances Consistent With Ordinance No. FY2018-14. SCHROEDER moved to adopt Ordinance No. FY2018-19 in first reading to public hearing at the next regular meeting of the Assembly. The Borough Assembly adopted Ordinance No. FY2018-14 on February 1, 2018, which amended the appeal periods identified in KIBC 17.195 (Variances), KIBC 17.200 (Conditional Use Permits), and KIBC 17.205 (Amendments and Changes) to 20 days and removed the effective date provisions for variances. The Community Development Department wishes to reflect these changes in KIBC 17.15 (General Provisions and Use Regulations), KIBC 17.215 (Review of Planning and Zoning Commission Decision), KIBC 17.220 (Appeals to the Planning and Zoning Commission), and KIBC 17.225 (Appeals to the Board of Adjustment) to provide consistency. Based on discussion at the March 8, 2018 Work Session, staff has included in the Regular Meeting packet a Version 2 for Assembly consideration, which changes the period for filing a reconsideration with the Planning & Zoning Commission from 10 working days to 20 days, to be consistent with the administrative appeals processes. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Smiley, Symmons, Van Daele, Crow, and Kavanaugh. Other Items 1. Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens Advisory Council (Ms. Rebecca Skinner). Kodiak Island Borough Assembly Regular Meeting Minutes March 22, 2018 Page 6 of 8 VAN DAELE moved to confirm the Mayoral appointment of Ms. Rebecca Skinner to the Prince William Sound Regional Citizens' Advisory Council Board of Directors for a two-year term to expire May 2020. The Prince William Sound Regional Citizens Advisory Council (PWSRCAC) advised the Borough that Mr. Al Burch's term on the Board of Directors will be expiring at the upcoming May 3-4, 2018 annual meeting in Valdez. The dedicated seat for the Kodiak Island Borough is its opportunity to influence decisions having profound implications for oil transportation safety in Alaska, and for the state's oil spill prevention and response capabilities. The Kodiak Island Borough would best be served by a representative who: • Understands her/his organization and/or community, its needs, concerns, and perspectives; • Has at least a rudimentary familiarity with oil transportation issues; • Has a home and work schedule flexible enough to allow participation and travel; • Is committed to the mission of promoting environmentally safe operation of the Alyeska terminal and associated tankers; and • Seeks opportunities to foster cooperative and constructive relationships between citizens, industry and regulatory agencies. A PWSRCAC director can expect to devote an average of 15 hours a month on PWSRCAC business. The full Board conducts three 2 -day meetings in January, May, and September. In addition, annual budget and planning meetings are held, as well as special meetings and opportunities to participate in committees or workgroups. Mr. Burch has served for many years and has notified the Clerk's office that he was not seeking re -appointment. Ms. Rebecca Skinner notified the Clerk's Office that she was interested in bringing her name forward for Mr. Burch's seat. SKINNER abstained from voting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Van Daele, Crow, Kavanaugh, Schroeder, and Skinner (Abstained). CITIZENS' COMMENTS Betty MacTavish spoke regarding Ordinance No. FY2018-17. Judi Kidder thanked the Assembly regarding the outcome of Contract No. FY2018-07. Jeff Stewart recognized all the work that the Assembly has done for the community. Michael Powers spoke about Cell Towers. ASSEMBLY MEMBERS' COMMENTS Assembly member Schroeder spoke about tonight's meeting and single use plastics. He encouraged everyone to keep our community clean. Assembly member Symmons thanked the public and spoke about last night's Joint Work Session. Kodiak Island Borough Assembly Regular Meeting Minutes March 22, 2018 Page 7 of 8 Assembly member Smiley was very pleased about the consolidation discussions they had at the March 21 Joint Work Session with the City. He also thanked the Governor for writing the Secretary of Commerce regarding the prices in the Cod harvesting area and for asking a disaster relief. He also spoke about Kodiak Fisheries Work Group and ComFish. Assembly member Skinner spoke about having a better strategic plan for the community to better accommodate what the community needs. She also thanked Matt Gruening with Representative Stutes' office who worked diligently regarding the salmon and cod disaster. Assembly member Crow spoke about the proposed letter addressed to the City regarding consolidation. Assembly member Van Daele commented regarding the upcoming Choose Respect event and hoped that the rest of the Assembly would be able to participate. Assembly member Kavanaugh commented regarding the discussion during the March 211' Joint Work Session. Announcement The next Assembly work session was scheduled on Thursday, March 29, 2018 at 6:30 p.m. immediately followed by a Special Meeting in the School District Conference Room. The next regular meeting was scheduled on Thursday, April 5, 2018 at 6:30 p.m. in the Borough Assembly Chambers. Borough was closed on Monday, March 26 in observance of Seward's Day. ADJOURNMENT SMILEY moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 9:50 p.m. 0 M. Javier, MMC, Kodiak Island Borough March 22, 2018 KOBOR Daniel A. Rohrer, Mayor Approved on: April 19, 2018 Assembly Regular Meeting Minutes Page 8 of 8