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2018-09-06 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting September 6, 2018 A regular meeting of the Kodiak Island Borough Assembly was held on September 6, 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 Major David Davis 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 Deputy Clerk Laurie Pardoe. APPROVAL OF AGENDA KAVANAUGH moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS Nicole Baker informed the Assembly of her business that specializes in recycling fishing nets and gear. She encouraged the Assembly to come up with a long-term solution for marine product recycling. Jeff Stewart reminded the Assembly of the upcoming Solid Waste Advisory Board (SWAB) meeting and spoke about his concerns regarding having the landfill open on Sundays. He recommended that SWAB and Nicole Baker could work together on Marine product recycling. AWARDS AND PRESENTATIONS Mayor Rohrer proclaimed the month of September 2018 as Senior Center Month and called upon all citizens to recognize the special contributions of the senior center participants and the special efforts of the staff and volunteers who work every day to enhance the well-being of the older citizens of our community. The Assembly received an FY2018 Budget -To -Actual Year End Review presentation form Dora Cross, Finance Director. COMMITTEE REPORTS Assembly member Symmons thanked the Architectural/Engineering Review Board. Kodiak Island Borough Assembly Regular Meeting Minutes September 6, 2018 Page 1 of 9 Assembly member Van Daele reminded the public that there will be a Borough Lands Committee meeting on September 12 at noon in the borough conference room. One of the topics in the agenda will be a continued discussion about making borough land available in Chiniak. On August 2, Assembly members Van Daele and Kavanaugh met with some Chiniak residents to discuss a few potential concerns with the idea of selling Borough land located in that area. Assembly members Crow and Smiley updated the Assembly on the upcoming activities of the Cook Inlet Regional Citizens' Advisory Committee. PUBLIC HEARING Ordinance No. FY2019-08 Placing A Temporary Moratorium On The Enforcement Of Existing Violations Of Title 17 (Zoning) Of The Borough Code For All Properties Located Within The Corporate Limits Of The City Of Larsen Bay. SMILEY moved to adopt Ordinance No. FY2019-08. VAN DAELE moved to amend Ordinance No. FY2019-08 by substitution with version 2. At the August 9, 2018 Work Session, the Assembly discussed the need for temporary moratoriums on the acceptance and processing of certain land use applications and for the enforcement of existing violations of KIBC Title 17 (Zoning) for all properties within the corporate limits of the City of Larsen Bay. That discussion stemmed from recent denials of rezone requests by certain Larsen Bay property owners who were attempting to bring their longstanding nonconforming commercial lodge operations into compliance with Borough Code. Those rezone requests prompted a planning effort to update the City of Larsen Bay Annex to the Comprehensive Plan. That update is scheduled to go to public hearing before the Planning and Zoning Commission at their August 15, 2018 Regular Meeting. It is likely that the Commission will hold additional public hearings on the update to ensure adequate opportunity for public input. Consequently, it appears as if it will be two or more months before the plan will be presented to the Assembly for adoption. In the interim, staff was directed to draft the respective moratorium ordinances. Staff prepared the draft ordinances and presented them for first reading at the August 16, 2018 Regular Meeting. Although those ordinances where advanced to public hearing at next Regular Meeting, staff was directed to amend them by changing the sunset time to a date certain. Various dates were discussed by Assembly Members at that meeting, but no specific date was decided upon. Consequently, staff provided the amended language in the respective substitute ordinances but left the specific sunset date blank. Staff will insert the date agreed upon at the August 30, 2018 Work Session prior to the September 6, 2018 Regular Meeting. Accordingly, Substitute Ordinance No. FY2019-08 placing a temporary moratorium on the enforcement of existing violations of Title 17 (Zoning) in Larsen Bay was presented for Assembly consideration. Corresponding Substitute Ordinance No. FY2018-09 placing a temporary moratorium on the acceptance and processing of certain land use applications for Larsen Bay was presented as the next agenda item. KAVANAUGH called the question. Kodiak Island Borough Assembly Regular Meeting Minutes September 6, 2018 Page 2 of 9 ROLL CALL VOTE ON MOTION TO END DEBATE CARRIED SIX TO ONE: Crow, Kavanaugh, Schroeder, Smiley, Symmons, and Van Daele (Ayes); Skinner (No). ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED SIX TO ONE: Kavanaugh, Schroeder, Skinner, Symmons, Van Daele, and Crow (Ayes); Smiley (No). Mayor Rohrer opened the public hearing. Randy Blondin spoke concerning Ordinance No. FY2019-08. Mayor Rohrer closed the public hearing. CROW moved to strike lines 26-48. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO THREE: Skinner, Symmons, Crow, and Kavanaugh (Ayes); Schroeder, Smiley, and Van Daele (Noes). Crow moved to strike the phrase "until the final decision on adopting the plan is rendered" on lines 63-64. ROLL CALL VOTE ON MOTION TO AMEND FAILED THREE TO FOUR: Skinner, Symmons, and Crow (Ayes); Smiley, Van Daele, Kavanaugh, and Schroeder (Noes). Crow moved to amend line 59 from 2018 to 2019 season. ROLL CALL VOTE ON MOTION TO AMEND CARRIED SIX TO ONE: Symmons, Van Daele, Crow, Kavanaugh, Schroeder, and Skinner (Ayes); Smiley (No). ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FOUR TO THREE: Van Daele, Crow, Schroeder, and Skinner (Ayes); Symmons, Kavanaugh, and Smiley (Noes). 2. Ordinance No. FY2019-09 Placing A Temporary Moratorium On The Acceptance And Processing Of Certain KIBC Title 17 (Zoning) Land Use Applications For Properties Located Within The Corporate Limits Of The City Of Larsen Bay SKINNER moved to adopt Ordinance No. FY2019-09. VAN DAELE moved to amend Ordinance No. FY2019-09 by substitution. This substitute ordinance corresponds with the previously presented substitute Larsen Bay enforcement moratorium ordinance (Substitute Ordinance No. FY 2019-08). Accordingly, Substitute Ordinance No. FY2019-09 placing a temporary moratorium on the acceptance and processing of certain land use applications for Larsen Bay is presented for Assembly consideration. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Van Daele, Crow, Kavanaugh, Schroeder, and Skinner (Ayes); Smiley and Symmons (Noes). Mayor Rohrer opened the public hearing. Kodiak Island Borough Assembly Regular Meeting Minutes September 6, 2018 Page 3 of 9 Scott Arndt, Randy Blondin, and Sandra Katelnikoff-Lester spoke concerning Ordinance No. FY2019-07. Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON MAIN MOTION AS AMENDED FAILED ONE TO SIX: Crow (Aye); Van Daele, Kavanaugh, Schroeder, Skinner, Smiley, and Symmons (Noes). 3. Ordinance No. FY2019-07 To Amend Kodiak Island Borough Code Of Ordinances Title 3, Revenue And Finance, Chapter 3.10 Public Finance - Management And Accounting, By Repealing Section 3.10.140 Fern Fuller Fund VAN DAELE moved to adopt Ordinance No. FY2019-07. This ordinance will remove code related to the Fern Fuller Fund. The Fern B. Fuller Charitable Remainder Unitrust was created in 1991 and in FY1999, the borough was given the responsibility to administer the remaining revenues and disbursements of the trust. To carry out this responsibility, a separate fund named the Fern Fuller Fund was created. During FY2017, the last of the funds were disbursed and since there is no other purpose for the fund, this ordinance will remove the code related to the Fern Fuller Trust. Mayor Rohrer opened the public hearing. Seeing and hearing none, Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Kavanaugh, Schroeder, Skinner, Smiley, Symmons, and Van Daele. BOROUGH MANAGER'S REPORT Manager Powers briefly reported on the following: • Reviewed the history of the comprehensive plan and future land use map with staff and will forward a memo to Assembly • Staff went to Larsen Bay and Karluk to examine schools, Karluk and Larsen Bay schools will close due to lack of students, and staff is working with school district on the closure • Will attend upcoming legal arguments for Watterson issue concerning AMLJIA coverage • Applied for board membership for AMLJIA Board • Will attend the Watterson case mediation on September 27 MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer announced that Alaska Aerospace will hold an open house on September 12 from 11 to 3 p.m. at the rocket launch facility and will hold a meeting from 7 to 9 p.m. at the Harbor Room in the Best Western. Wildlife refuge are interested in working with the Borough to create a pedestrian pathway on their property with grant monies that are available. Noted that he has concerns that the Borough underinvests certain funds. Kodiak Island Borough Assembly Regular Meeting Minutes September 6, 2018 Page 4 of 9 UNFINISHED BUSINESS Contract No. FY2019-02 with Discover Kodiak for Destination Marketing and Tourism Development. The motion already on the floor which was to "Move 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 is the annual contract with Discover Kodiak for destination marketing and tourism development services. This was postponed from the July 5th regular meeting of the Assembly. The Assembly requested that language in the contract be changed to reflect current efforts and requested that data reporting be added. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Smiley, Symmons, Van Daele, and Crow. NEW BUSINESS Contracts Contract No. FY2018-25 Interruptible Electric Service Sales Agreement Between Kodiak Electric Association, Inc., Kodiak Island Borough, and Kodiak Island Borough School District VAN DAELE moved to authorize the manager to execute Contract No. FY2018-25 with Kodiak Electric Association and Kodiak Island Borough School District. Kodiak Electric Association (KEA) is currently working on an expansion of their hydroelectric facilities that is scheduled to be completed in 2019. Once the project is complete KEA will have more power available than required to meet current demand. In an effort to utilize some of this excess power and encourage renewable energy use KEA has offered to reimburse the Borough for the costs to install electric boilers at Kodiak High School (KHS) and Kodiak Middle School (KMS), and provide the Kodiak Island Borough School District (KIBSD) a reduced rate for the power required to operate those electric boilers. The reduced rate is based on 90% of the cost for the equivalent amount of fuel oil energy. Controls will be installed that will allow KEA to turn off the electric boilers in times of peak demand. If the electric boilers are turned off the remaining fuel oil boiler(s) will provide heat for the schools. The Borough will manage the procurement and installation of the electric boilers, and KIBSD will be responsible for operations and maintenance. The total budget for design and installation for both schools is $883,000. KEA will reimburse the Borough based on actual costs. The electric boiler at KMS was completed in May 2018. The electric boiler for KHS is scheduled for installation in summer 2019. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Smiley, Symmons, Van Daele, Crow, and Kavanaugh. 2. Contract No. FY2018-31 Interruptible Electric Service Sales Agreement Between Kodiak Electric Association, Inc. and Kodiak Island Borough Kodiak Island Borough September 6, 2018 Assembly Regular Meeting Minutes Page 5 of 9 VAN DAELE moved to authorize the manager to execute Contract No. FY2018-31 with Kodiak Electric Association. Kodiak Electric Association (KEA) is currently working on an expansion of their hydroelectric facilities that is scheduled to be completed in 2019. Once the project is complete KEA will have more power available than required to meet current demand. In an effort to utilize some of this excess power and encourage renewable energy use KEA has offered to reimburse the Borough for the costs to install an electric boiler at the Kodiak Fisheries Research Center, and provide the Borough a reduced rate for the power required to operate the electric boiler. The reduced rate is based on 90% of the cost for the equivalent amount of fuel oil energy. Controls will be installed that will allow KEA to turn off the electric boiler in times of peak demand. If the electric boiler is turned off the remaining fuel oil boiler will provide heat for the building. The Borough will manage the procurement, installation, operation and maintenance of the electric boiler. The total budget for design and installation is $167,000. KEA will reimburse the Borough based on actual costs. The electric boiler is scheduled for installation in summer 2019. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Van Daele, Crow, Kavanaugh, and Schroeder. Resolutions None. Ordinances for Introduction None. Other Items 1. Approval of the Kodiak Island Borough Assembly 2019 Meeting Schedule VAN DAELE moved to approve the Assembly 2019 meeting schedule. Annually the calendar is presented to the Assembly for review and approval for the upcoming year. The calendar reflects the Assembly meetings for the upcoming year and it also includes Joint Work Session schedule with the City of Kodiak. The JWS were scheduled taking into consideration the North Pacific Fishery Management Council meetings and Board of Fish Meetings. The regular meeting that fell on July 4 has been moved to Tuesday, July 9. A regular meeting (w/ no prior week work session) was scheduled on Tuesday, November 19 to accommodate for any items that may need attention during that time. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Van Daele, Crow, Kavanaugh, Schroeder, and Skinner. CITIZENS' COMMENTS Jeff Stewart spoke concerning options within to limit debate and commented on the budget presentation. Kodiak Island Borough September 6, 2018 Assembly Regular Meeting Minutes Page 6 of 9 Mike Milligan thanked the Assembly members and appreciated the difficulty of the decisions they sometimes have to make. He spoke regarding the potential to release a legal opinion concerning Alaska Aerospace to the public. ASSEMBLY MEMBERS' COMMENTS Assembly member Skinner encouraged the group to discuss Assembly debate and how the rules should function. She spoke to the need of making investment policy a future agenda item for discussion. Assembly member Smiley expressed concern over significant gaps in public understanding of specific issues before the assembly. He would like a regular column in the paper explaining issues that are going before the Assembly. Assembly member Symmons spoke regarding citizens' rights to make public comment. Assembly member Schroeder noted that he was the first applicant for a zoning compliance permit for an accessory dwelling unit. He encouraged people to participate in local and to consider serving on the Kodiak Consolidation Committee. Assembly member Kavanaugh reminded the public of Alaska Aerospace's upcoming open house and town hall meeting. Assembly member Van Daele announced his announced his resignation effective on October 18 as his family moves to Idaho. Assembly member Crow expressed his concern that only one person is running for the Assembly seat that he will be vacating. He also noted the critical importance of issues like the lodges in Larsen Bay to all the villages. He noted that he was looking forward to attending the Cook inlet Regional Citizens' Advisory Committee meeting. SKINNER moved to extend meeting to 11 pm. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. Announcements Mayor Rohrer made the following announcements: The next Assembly work session is scheduled on Thursday, September 13, 2018 at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, September 20, 2018 at 6:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough September 6, 2018 Assembly Regular Meeting Minutes Page 7 of 9 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 library, Safeway, and Borough building. For those who do not have internet, you may call the Borough meeting notification line at 486-9315. The Local Municipal Absentee -In -Person voting is going to be available in the Clerk's Office from 9 a.m. to 4 p.m. starting on September 17 to October 1. If you have any questions regarding the Municipal Elections, please call the Clerk's Office at 486-9310. EXECUTIVE SESSION 1. Initial Evaluation of Legal Counsel Letters of Interest/Applications. VAN DAELE moved to convene into executive session to evaluate the legal counsel letters of interest/applications. This subject qualifies for executive session to protect the reputation and character of the applications who will be discussed. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Van Daele Crow, Kavanaugh, Schroeder, Skinner, and Smiley. VAN DAELE moved to invite the Borough Mayor, Assembly, Borough Manager, and Clerk's Office Staff into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting and announced that the Assembly discussed the Initial Evaluation of Legal Counsel Letters of Interest/Applications and announced that there would be no action to be taken as result of the executive session. 2. Discussion Regarding Legal Strategies For Compelling Alaska Aerospace Corporation To Comply With Borough Land Use Ordinances With Respect To Its Development Of The Pacific Spaceport Complex Alaska. VAN DAELE moved to convene into executive session to discuss legal strategies for compelling Alaska Aerospace Corporation to comply with Borough Land Use Ordinances with respect to its development of the Pacific Spaceport Complex - Alaska. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele Crow, Kavanaugh, Schroeder, Skinner, Smiley, and Symmons. VAN DAELE moved to invite the Borough Mayor, Assembly, Borough Manager, and Clerk's Office Staff into executive session. Kodiak Island Borough Assembly Regular Meeting Minutes September 6, 2018 Page 8 of 9 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting and announced that he had been tasked with writing a letter. ADJOURNMENT VAN DAELE moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 11:00 p.m. ATTEST: Nova M. Javier, MMC, 'Borough Clerk Kodiak Island Borough September 6, 2018 KO,DIIAK�ISOLAND BOROUGH Daniel A. Rohrer, Mayor Approved on: October 18, 2018 Assembly Regular Meeting Minutes Page 9 of 9