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2021-08-19 Regular MeetingKodiak Island Borough Assembly Regular Meeting Assembly Chambers 710 Mill Bay Road, August 19, 2021 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Roberts led the Pledge of Allegiance. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Julie Kavanaugh, Geoffrey Smith, Dennis Symmons, James Turner, and Aimee Williams. Also present were Borough Clerk Alise Rice and Assistant Clerk Mitchell Davidson. 1. Invocation 2. Pledge of Allegiance 3. Roll Call 13 5. Approval of Agenda ARNDT moved to approve the agenda. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Smith, Symmons, Turner, and Williams. Approval of Minutes None. 6. Citizens' Comments • Lisa Zeimer • Matt Gandel 7. Awards and Presentations None. 8. Committee Reports • Assembly member Williams reported on the KIB and City of Kodiak Cooperative Relations Committee Meeting of August 18, 2021. 9. Public Hearing A. Appeal Of Planning And Zoning Case No. 21-012, Lucas And Aimra Baxter, Subdv: Miller Pt. Block:7 Lot: 3 & 4. Kodiak Island Borough Assembly Regular Meeting Minutes August 19, 2021 Page 1 of 7 Mayor Roberts opened the public hearing for citizens authorized comment. Citizens' Comments • Lucas Baxter • Shelley Paulson • Arnold Hansen Mayor Roberts closed the public hearing and reopened the regular meeting. KAVANAUGH moved to remand the appeal back to the Planning & Zoning Commission for review. Lucas and Amira Baxter are appealing the decision to fail the application to rezone Miller Point Lots 3 and 4 from RR1 (Rural Residential One) to B (Business). Mr. and Mrs. Baxter argue that the findings of facts adopted by the Commission are incorrect. The applicants were not in attendance for the Planning and Zoning regular meeting on June 16, 2021. Finding of Facts: • The subject parcel is not adjacent to any other property zoned B (Business). • The subject parcel is not located in an area known as a commercial corridor. • The subject parcel is surrounded by residential zoned properties which could be negatively affected by commercial use of the area. • The rezone is not constant with the 2008 Comprehensive Plan Future Land Use Designation. ROLL CALL VOTE ON THE MOTION FAILED THREE TO THREE: Arndt, Smith, and Williams (NOES); Kavanaugh, Symmons, and Turner (AYES). Mayor Roberts broke the tie and voted in opposition of the motion. ARNDT moved to uphold the decision of the Planning & Zoning Commission and the accepted findings of facts. ROLL CALL VOTE ON THE MOTION CARRIED THREE TO THREE: Smith, Williams, and Arndt (AYES); Symmons, Turner, and Kavanaugh (AYES); Mayor Roberts broke the tie and voted in favor of the motion. 10. Borough Manager's Report Clerk's Note: Manager Powers was absent. 11. Messages from the Borough Mayor Mayor Roberts spoke on the following: Ongoing discussions of the Kodiak Emergency Operations Center. Kodiak Island Borough Assembly Regular Meeting Minutes August 19, 2021 Page 2 of 7 Mayor Roberts recessed the regular meeting at 7:31 P.M. for a short break. Mayor Roberts resumed the regular meeting at 7:36 P.M. 12. Consideration of Calendar - Unfinished Business None. 13. Consideration of Calendar - New Business 13.A. Contracts 13.B. Resolutions Resolution No. FY2022-07 Approving The Hire Of An Associate Planner In The Community Development Department At Step F, Range 20.5 Of KIBC Salary Schedule And Approving Relocation Expense. ARNDT moved to approve Resolution No. FY2022-07. The Associate Planner position in the Community Development department has been vacant since April 2021. This position has been advertised and applications received. The hiring team interviewed Mr. Maloney and invited him to Kodiak for a second interview in July. Mr. Maloney holds a Bachelor's degree in an appropriate field and has seven years of municipal planning experience; he currently resides in a rural area of Vermont. The hiring team concluded that Mr. Maloney's experience and personality would be a good fit for the KIB and initiated an offer of employment. Mr. Maloney expressed a desire for a higher salary past the Manager approval threshold. KIB Personnel Handbook states the Borough Manager can approve up to Step C. This is amount is $34.20 per hour. Mr. Maloney is requesting an amount that correlates with step F which is $36.83 per hour. Mr. Maloney is also requesting assistance with relocation expenses which requires Assembly approval. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Symmons, Turner, Williams, Arndt, and Kavanaugh. 13.C. Ordinances for introduction Ordinance No. FY2022-05 Amending Title 7, Elections, 7.30.020 Precincts And Polling Places. KAVANAUGH moved to advance Ordinance No. FY2022-05 to public hearing at the next regular meeting of the assembly on September 2, 2021. Last year, in order to accommodate public health restrictions of the Covid 19 Emergency Declaration and impacts of Covid-19 The Borough amended KIBC Kodiak Island Borough Assembly Regular Meeting Minutes August 19, 2021 Page 3 of 7 7.30.020 to allow the Assembly to determine, by resolution, whether to use mail in voting in precincts where fewer than 100 voters cast ballots in the last election if there was an emergency or disaster declaration in effect. That ordinance provided, in part, that where a resolution was adopted calling for mail in voting the mail in voting procedures in KIBC Chapter 7.70 would apply. As we are coming up on the next election, and the Covid-19 Emergency Declaration is still in effect, and the number of cases is high, it was discovered that some practical adjustments may be required due to circumstances such as a shortage of poll workers and widespread concern about spreading the virus. Reviewing the procedures in KIBC Chapter 7.70, several of the elements, such as having an election official available in each precinct during set hours at least 15 days before the election date, are inconsistent with the measures preferred to conduct the election in a way which protects public health. In thinking about other potential emergencies or disasters it is reasonable to expect that each disaster or emergency which requires the by mail voting alternative may involve different risks, and the specifics of administering the by mail voting while a disaster or emergency declaration is in effect are better determined on a case by case basis when it occurs. For example, a fire or landslide may call for different procedures than a pandemic. Accordingly, it is recommended that KIBC 7.30.020(C) be amended to provide that the mail in voting process in Chapter 7.70 will be looked to for a guide, but the resolution approved by the Assembly for the specific election to be conducted by mail in ballot in some precincts would set out any changes in procedures from those described in Chapter 7.70 to be used in the specific election. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Symmons, Turner, Williams, Arndt, and Kavanaugh. 13.D. Other items Superior Court Decision - Case No. 3 KO-20-96 Cl, Melvin Stephens Senior Exemption Appeal. ARNDT moved to postpone to a time specific, the Superior Court Decision for Case No. 3 KO-20-96 Cl, Melvin Stephens Senior Exemption Appeal until after Executive Session. VOICE VOTE CARRIED UNANIMOUSLY. 2. Report / Discussion Of Manager Recruitment Transition Plan. KAVANAUGH moved to approve the recruitment package for a new Borough Manager. The attached documents include a proposed recruitment mail -out, the current KIB Manager's job description, example of Managerjob descriptions from other 2nd class boroughs and a compilation of proposed advertisements based on the most recent Manger recruitment. Kodiak Island Borough Assembly Regular Meeting Minutes August 19, 2021 Page 4 of 7 ARNDT moved to convene into executive session to discuss the Manager recruitment package. ROLL CALL VOTE ON THE MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, Kavanaugh, Smith, and Symmons. KAVANAUGH moved to invite the Borough Attorney, Borough Mayor, Assembly into executive session. VOICE VOTE CARRIED UNANIMOUSLY. ARNDT moved to invite the Borough Clerk into executive session. VOICE VOTE CARRIED UNANIMOUSLY. Mayor Roberts adjourned the regular meeting and convened into executive session at 8:27 P.M. Mayor Roberts reconvened the regular meeting at 8:50 P.M. and opened the floor to discussion on the pending motion. ROLL CALL VOTE ON THE MOTION FAILED FIVE TO ONE: Turner, Williams, Arndt, Kavanaugh, and Smith (NOES); Symmons (AYE). 3. Declaring A Seat Vacant On The Solid Waste Advisory Board, Mr. Jason Jardine. ARNDT moved to declare a seat vacant on the Solid Waste Advisory Board of Mr. Jason Jardine. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Kavanaugh, Smith, Symmons, and Turner. 4. Infection Levels That Would Require Closed Meetings Or Zoom Meetings. Clerk's Note: Assembly took no action. 5. Formal Resignation Of Assembly Member Julie Kavanaugh. KAVANAUGH moved to accept notice of formal resignation of Assembly Member Julie Kavanaugh, effective September 3, and instructed the Borough Clerk to begin the process of filling the vacant seat per KIB code. KIBC 2.25.060 Declaring and filling vacancies. If less than 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and more than 90 days remain in the term, then the clerk shall Kodiak Island Borough Assembly Regular Meeting Minutes August 19, 2021 Page 5 of 7 publish reasonable public notice of the vacancy and, for 14 days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. The assembly shall review the applications and may interview applicants. Not later than 30 days after the seat is declared vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. ROLL CALL VOTE CARRIED FIVE TO ONE: Arndt, Kavanaugh, Symmons, Turner, and Williams (AYES); Smith (NO). 14. Citizens' Comments • Seema Garoutte • Mel Stephens 15. Assembly Member' Comments • Assembly member Turner had not comment. • Assembly member Arndt thanked staff for filling in during staff shortages. • Assembly member Williams thanked assembly member Kavanaugh for her service on the assembly. She also noted the aging state of the KIB Strategic Plan and stated that it was something the assembly needed to address. • Assembly member Smith thanked staff for their work and Assembly Kavanaugh for her service to the community. • Assembly member Symmons thanked community members for their citizen comments and support. • Assembly member Kavanaugh asked that members of the community who were interested in her reasons for resigning to approach her directly. She also encouraged citizens to apply for appointment to the Assembly. 16. Executive Session A. Case No. 3KO-20-96 Cl Mr. Melvin Stephens - Senior Exemption Appeal. ARNDT moved to convene into executive session to discuss Superior Court Decision - Case No. 3 KO-20-96 Cl, Melvin Stephens Senior Exemption Appeal. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Kavanaugh, Smith, Symmons, Turner, Williams, and Arndt. ARNDT moved to invite the Mayor, the Assembly, the Borough Attorney, the Borough Clerk, and the Borough Assessor into executive session. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. Mayor Roberts recessed the regular meeting at 8:21 P.M. for a short break. Mayor Roberts resumed the regular meeting at 8:26 P.M. Kodiak Island Borough Assembly Regular Meeting Minutes August 19, 2021 Page 6 of 7 Mayor Roberts closed the regular meeting and convened into executive session at 8:27 P.M.. Mayor Roberts reconvened the regular meeting at 9:47 P.M. and opened the floor for discussion. ARNDT moved to schedule the Superior Court Decision - Case No. 3 KO-20-96 Cl, Melvin Stephens Senior Exemption Appeal Hearing on the regular meeting of the assembly on September 16, 2021. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Symmons, Turner, Williams, Arndt, and Kavanaugh. 16. Adjournment ARNDT moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY The meeting adjourned at 9:49 P.M. KODIAK ISLAND B UGH ATTEST: Bill Roberts, Mayor Kodiak Island Borough August 19, 2021 /SAND 4& Q' -ipO�i � Z Borough Clerk on: September 2, 2021 Assembly Regular Meeting Minutes Page 7 of 7