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2018-07-05 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting July 5, 2018 A regular meeting of the Kodiak Island Borough Assembly was held on July 5, 2018, 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 Mayor Rohrer and he led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Julie Kavanaugh, Andrew Schroeder, Rebecca Skinner, Scott Smiley, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Laurie Pardoe. VAN DAELE moved to excuse Assembly member Symmons who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA SCHROEDER moved to approve the agenda. SKINNER moved to amend the agenda by adding the following under other items: • Waiving The Confidentiality of the Attorney -Client Privileged Legal Opinion Relating To Ordinance No. 2018-07, Rezone Case in Larsen Bay. ROLL CALL VOTE ON MOTION TO AMEND FAILED FIVE TO ONE: Kavanaugh, Schroeder, Skinner, Smiley, and Van Daele (Ayes); Crow (No). (The decision to add an item to the agenda must be unanimous in order to pass.This item was not added to the agenda.) CROW moved to amend the agenda by adding the following under other items: • Build Grant Letter of Support to the City of Ouzinkie. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Smiley, Van Daele, and Crow. VOICE VOTE ON THE MOTION AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS Jeff Stewart noted that he hoped the Assembly could check into having the landfill open on Sundays so that trash does not pile up and he noted that firefighting is adversely impacted by faulty radio communications in some areas on the island. Kodiak Island Borough Assembly Regular Meeting Minutes July 5, 2018 Page 1 of 8 AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS None. PUBLIC HEARING 1. Ordinance No. FY2018-01B Amending Ordinance No. FY2018-01, Fiscal Year 2018 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. VAN DAELE moved to adopt Ordinance No. FY2018-01 B. Mayor Rohrer opened the public hearing. Seeing and hearing none, Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Smiley, Van Daele, Crow, and Kavanaugh. 2. Ordinance FY2019-04 Amending Kodiak Island Borough Code Title 3 Revenue and Finance, Chapter 3.45 Severance Tax Section 3.45.030 Exemptions To Allow Waiver Of Severance Taxes For Non -Profits By Majority Vote Of The Kodiak Island Borough Assembly. SMILEY moved to adopt Ordinance FY2019-04. The Kodiak High School Football Boosters had requested to remove 100 cords of wood from Public Lands to sell in a fundraising effort benefiting the High School Football travel fund. The Football boosters requested a waiver of Severance Tax, a tax applied to all natural resources removed from KIB Lands. Under Kodiak Island Borough Code, there was no mechanism by which the KIB, the Assembly, or agents thereof may waive applicable severance taxes. The exercise of the non-profit paying all severance taxes and then applying for a charitable grant to recoup those costs was an administrative burden. The purpose of this code was to allow the Kodiak Island Borough Assembly to waive severance taxes for non -profits with a majority vote of the Assembly. KAVANAUGH moved to amend Ordinance No. FY2019-04 by substitution. ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY: Skinner, Smiley, Van Daele, Crow, Kavanaugh, and Schroeder. Mayor Rohrer opened the public hearing. Seeing and hearing none, Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON THE MOTION AS AMENDED CARRIED UNANIMOUSLY: Smiley, Van Daele, Crow, Kavanaugh, Schroeder, and Skinner. Kodiak Island Borough Assembly Regular Meeting Minutes July 5, 2018 Page 2 of 8 3. Ordinance No. FY2019-05 Writing Off The Property Taxes, Penalties, Interest And Fees Of Those Mobile Homes Which Were Abandoned And/Or Demolished VAN DAELE moved to adopt Ordinance No. FY2019-05. The State of Alaska no longer requires title registration and ownership transfer notifications for mobile homes (also known as manufactured homes), locating the actual owners of mobile homes can be extremely difficult. When mobile homes are permanently affixed to real property, delinquent taxes can be collected through the foreclosure process. However, when the mobile home is located on rented space within a mobile home park, the Borough is only able to collect delinquent taxes by small claims court or sale by distraint. In 2016, the property know as Jackson's Mobile Home Park was sold and the new owners did not continue operating a mobile home park on the property. Although some of the mobile homes were relocated, some movable mobile homes were abandoned and some non-movable mobile homes were abandoned and eventually demolished. In order to assist with the relocation of affected mobile homes, the Borough changed its codes so as to allow non -conforming mobile home parks to accept the relocating mobile homes. For those mobile homes which were abandoned and moved from the former Jackson's Mobile Home Park to a new location, a new property identity was created and listed as Special Circumstances. Staff did not believe it was cost effective to pursue and recover delinquent property taxes for those mobile homes that were demolished within mobile home parks or that were abandoned within the former Jackson's Mobile Home Park and relocated to another location. As such, staff was asking for approval to write-off the following amounts: Summary Requested Write -Off Amounts Mayor Rohrer opened the public hearing. Seeing and hearing none, Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, Kavanaugh, Schroeder, Skinner, and Smiley. Kodiak Island Borough July 5, 2018 Assembly Regular Meeting Minutes Page 3 of 8 #of Property Penalties & Miscellaneous Properties Taxes Interest Fees Total Demolished Within Jackson's 25 $31,292.77 $22,538.19 $1,501.67 $55,332.63 Mobile Home Park Demolished Within Other Park 8 11,364.97 7,223.13 867.40 19,455.50 Locations Special Circumstance 5 4,471.48 2,437.38 137.75 7,046.61 Totals 38 $47,129.22 $32,198.70 $2,506.82 $81,834.74 Mayor Rohrer opened the public hearing. Seeing and hearing none, Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, Kavanaugh, Schroeder, Skinner, and Smiley. Kodiak Island Borough July 5, 2018 Assembly Regular Meeting Minutes Page 3 of 8 BOROUGH MANAGER'S REPORT Manager Powers briefly reported on the following: • Conditions at Island Lake and other areas where trash has been accumulating • Introduced Phil Kovacs, the new Engineering and Facilities Director • Will soon report on the potential operation of the landfill on Sundays • Invited the Finance Director to give a brief finance report MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer reminded the public that there is a Borough Lands Committee meeting scheduled for Wednesday at noon and that a joint work session with the Planning and Zoning Commission was scheduled for July 11. He also noted that he met with the City Mayor regarding the current schedule for joint work sessions with the City Council. They concluded that switching back to holding these sessions once per quarter was adequate. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2019-02 with Discover Kodiak for Destination Marketing and Tourism Development. VAN DAELE moved to authorize the manager to execute Contract No. FY2019-02 with Discover Kodiak for Destination Marketing and Tourism Development Services in the amount of $75,000. This was the annual contract with Discover Kodiak for destination marketing and tourism development services. VAN DAELE moved to postpone Contract No. FY 2019-02 to the next regular meeting after Discover Kodiak staff are able to discuss the contract with the Assembly at a work session. ROLL CALL VOTE ON THE MOTION TO POSTPONE CARRIED UNANIMOUSLY: Van Daele, Crow, Kavanaugh, Schroeder, Skinner, and Smiley. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2019-02 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lots 2-4, Block 3, Tract A, Larsen Bay Subdivision From Residential To Mixed CommerciaUWaterfront/Residential (P&Z Case No. 17-025). Kodiak Island Borough Assembly Regular Meeting Minutes July 5, 2018 Page 4 of 8 SMILEY moved to advance Ordinance No. FY2019-02 to public hearing at the next regular meeting of the Assembly. At the April 19, 2017 P&Z Regular Meeting, the Commission, after hearing eleven (11) citizens provide public comment in opposition of this Comprehensive Plan amendment, postponed the amendment and corresponding rezone to the June 21, 2017 Regular Meeting. The Commission also directed staff to provide public hearing notices to all property owners within the City of Larsen Bay. The increased notice was to solicit additional input prior to the Commission rendering a decision on the requests. The resultant additional public comment (all opposing approval of the request) was provided in the June 21, 2017 Regular Meeting information packet (included in this packet). At that meeting, the Commission unanimously voted to divide the question by separating Lot 1A (the parcel developed with a longstanding lodge) from Lots 2, 3, and 4 (parcels intended for lodge expansion). The Commission then unanimously voted to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Plan amendment for Lot 1A. Following that vote, the Commission unanimously voted to postpone the request as it applied to Lots 2, 3, and 4 to the April 2018 Regular Meeting. The corresponding rezone request for these same lots (Case No. 17-026) were addressed in an identical manner. The postponements were intended to accommodate the most current community input by allowing staff to coordinate with the City of Larsen Bay to facilitate an update of the Larsen Bay annex to the 2008 Comprehensive Plan. It is important to note that the Assembly postponed its final decision on the Comprehensive Plan amendment and rezone for Lot 1A to the May 03, 2018 Regular Meeting for that same reason. At the May 03, 2018 Regular Meeting, the Assembly approved the Comprehensive Plan amendment and the rezone for Lot 1A. At the April 11, 2018 P&Z Work Session, staff recommended that the Commission postpone the request for another month to their May 16, 2018 Regular Meeting. The postponement was recommended due to public hearing notices not being mailed to all property owners within the City of Larsen Bay (as previously directed by the Commission). Because the April 18, 2018 Regular Meeting was cancelled due to a lack of quorum, the cancellation resulted in the request being automatically postponed to the May 16, 2018 Regular Meeting (as was recommended by staff). Public hearing notices for that meeting were mailed to all property owners within the City of Larsen Bay. After the public hearing on May 16, 2018, P&Z voted 5-0 to forward the Comprehensive Plan amendment to the Assembly with a recommendation of approval. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Crow, Kavanaugh, Schroeder, Skinner, Smiley, and Van Daele. 2. Ordinance No. FY2019-03 Rezoning Lots 2-4, Block 3, Tract A, Larsen Bay Subdivision From R1 -Single -Family Residential District To B -Business District (P&Z Case No. 17- 026). SMILEY moved to advance Ordinance No. FY2019-03 to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough July 5, 2018 Assembly Regular Meeting Minutes Page 5 of 8 This rezone request corresponds with the preceding Comprehensive Plan amendment request (Ordinance No. FY2019-02) and the discussion and analysis of that case applies to this rezone request. At the April 19, 2017 P&Z Regular Meeting, the Commission postponed the rezone request to the June 21, 2017 Regular Meeting. The Commission also directed staff to provide public hearing notices to all property owners within the City of Larsen Bay. The increased notice was to solicit additional input prior to the Commission rendering a decision on the requests. The resultant additional public comment (all opposing approval of the request) was provided in the June 21, 2017 Regular Meeting information packet (included in this packet). At that meeting, the Commission unanimously voted to divide the question by separating Lot 1A (the parcel developed with a longstanding lodge) from Lots 2, 3, and 4 (parcels intended for lodge expansion). The Commission then unanimously voted to recommend that the Kodiak Island Borough Assembly approve the rezone for Lot 1 A. Following that vote, the Commission unanimously voted to postpone the request as it applied to Lots 2, 3, and 4 to the April 2018 Regular Meeting. The postponements were intended to accommodate the most current community input by allowing staff to coordinate with the City of Larsen Bay to facilitate an update of the Larsen Bay Annex to the 2008 Comprehensive Plan. It is important to note that the Borough Assembly postponed their final decision on the rezone for Lot 1A to their May 03, 2018 Regular Meeting for that same reason. At the April 11, 2018 Work Session, staff recommended that the Commission postpone the request to the May 16, 2018 Regular Meeting. The postponement was recommended due to public hearing notices not being mailed to all property owners within the City of Larsen Bay (as previously directed by the Commission). Because the April 18, 2018 Regular Meeting was cancelled due to a lack of quorum, the request was automatically postponed to the May 16, 2018 Regular Meeting (as was recommended by staff). Public hearing notices for that meeting were mailed to all property owners within the City of Larsen Bay. After the public hearing on May 16, 2018, P&Z voted 5-0 to forward the rezone request to the Assembly with a recommendation for approval. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Smiley, Van Daele, and Crow. Other Items KIB Letter of Support for NFWF Electronic Monitoring Grant Application. VAN DAELE moved to approve a letter of support for the NFWF Electronic Monitoring Grant Application. SKINNER declared that she had a conflict of interest and asked to be recused from this item. Mayor Rohrer accepted her recusal. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ZERO: Schroeder, Smiley, Van Daele, Crow, and Kavanaugh. Kodiak Island Borough July 5, 2018 Assembly Regular Meeting Minutes Page 6 of 8 2. Build Grant Letter of Support to the City of Ouzinkie. CROW moved to approve the Build Grant Letter of Support to the City of Ouzinkie. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Van Daele, Crow, Kavanaugh, and Schroeder. CITIZENS' COMMENTS Jeff Stewart objected to the decision of the mayor to recuse Assembly member Skinner from discussion of the letter of support for the NFWF Electronic Monitoring Grant Application. ASSEMBLY MEMBERS' COMMENTS Assembly member Schroeder briefly commented on the process of adding items to agendas, enjoyed attending a parade in Pasagshak, and hoped that everyone enjoyed the July 4'h holiday. Assembly member Skinner clarified circumstances surrounding her recusal. Assembly member Crow enjoyed attending community events in Port Lions on July 41h, expressed support for the idea of Sunday operations at the Landfill, noted that he will attempt to attend Work Sessions telephonically from Larsen Bay, encouraged people to file for candidacy, and commented concerning the legal issues with conflicts of interest. Assembly member Van Daele thanked the Fire Departments for their hard work yesterday. Assembly member Kavanaugh requested that the Assembly through the Clerk's office extend formal invitations to the City of Kodiak for any work session or meeting in which the topic of consolidation is on the agenda. She announced upcoming meetings for the Fisheries Work Group, Borough Lands Committee, and an Assembly Joint Work Session with the Planning and Zoning Commission. She invited the residents of the Borough to go to the Alaska Board of Fisheries website and submit comments by July g1h for an emergency meeting regarding the interception of red salmon in the Kodiak management area. She thanked the fire departments for being available when people need their services. Announcements Mayor Rohrer announced that the Assembly would hold a Joint Work Session with the Planning and Zoning Commission on Wednesday, July 11, 2018 at 6:30 p.m. in the Borough Assembly Chambers. The next Assembly work session was scheduled on Thursday, July 12, 2018 at 6:30 p.m. in the School District Conference Room. The next regular meeting was scheduled on Thursday, July 19, 2018 at 6:30 p.m. in the Borough Assembly Chambers. He also informed the public that the Notice of Public Meetings and assembly meeting agendas are available on the KIB website, posted on the KIB Facebook page, and are also posted at the Kodiak Island Borough Assembly Regular Meeting Minutes July 5, 2018 Page 7 of 8 library, Safeway, and Borough building. Those who do not have internet, may call the Borough meeting notification line at 486-9315. EXECUTIVE SESSION 1. Manager's Contract Negotiations, A Matter Which Might Include A Discussion That Could Potentially Prejudice The Reputation And Character Of The Manager. SKINNER moved to convene into executive session to discuss the Manager's Contract negotiations, a matter which might include a discussion of the reputation and character of the Manager. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Van Daele, Crow, Kavanaugh, Schroeder, and Skinner. SKINNER moved to invite the Mayor, Assembly, and Borough Manager into executive session. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. Mayor Rohrer recessed the regular meeting and convened the executive session at 8:09 p.m. Upon returning from the executive session at 9:06 p.m., Mayor Rohrer reconvened the regular meeting and announced that no action would be taken as result of the executive session. ADJOURNMENT SMILEY moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 9:06 p.m. ATT ST: Nova M. Javier, MMC, orough Clerk Kodiak Island Borough July 5, 2018 KOi2 DI,9K8OROUGH; r Daniel A. Rohrer, Mayor Approved on: July 19, 2018 Assembly Regular Meeting Minutes Page 8 of 8