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2011-10-20 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting October 20, 2011 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, October 20, 2011, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Borough Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES 1. Regular Meeting Minutes of October 6, 2011, were approved under the consent agenda. AWARDS AND PRESENTATIONS Manager Gifford presented a twenty -five year longevity award to Bud Cassidy, Director of the Community Development Department. Mayor Selby proclaimed October 22, 2011, as Coast Guard Appreciation Day in Kodiak, urging citizens to recognize our coast guard community for its individual and collective efforts in making Kodiak and all the navigable waters of Alaska a safer and better place to live, work, and play. Mayor Selby presented a plaque to Mike Dolph for his thirty -six years of dedicated service as a member of the Southern Region Emergency Medical Services Council, Inc. Board of Directors. CITIZENS' COMMENTS Marie Rice, Ani Thomas, Heather Johnson, Rick Vahl, Marion Owen, Allen Thielen, and Melony Vahl spoke in support of Ordinance No. FY2012 -10. COMMITTEE REPORTS Assembly member Stutes reported on the recent Project Advisory Committee (PAC) meetings. The current issues that PAC was considering were how the code should address hoophouses and changing code violations from misdemeanors to civil violations. Assembly member Jeffrey provided an update on the Kodiak Fisheries Advisory Council (KFAC) meeting of September 16, 2011. KFAC encouraged the City of Kodiak and the Kodiak Island Kodiak Island Borough - Assembly Minutes October 20, 2011 Page 980 Borough to urge the North Pacific Fishery Management Council to provide video conferencing of their meetings to accommodate the rural communities wishing to participate. Clerk Javier was directed to prepare a resolution in support of this issue. PUBLIC HEARING 1. Ordinance No. FY2012 -09 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.100 Boards, Committees, and Commissions. KAPLAN moved to adopt Ordinance No. FY2012 -09. Per KIBC 2.100.180, all boards, committees, and commissions established under this chapter, with the exception of those mandated by state law, shall terminate by operation of law three years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three years. The boards and commissions reflected in the ordinance would be affirmatively reestablished or continued by the Assembly after the public hearing was held. Members of the various boards listed in the ordinance were informed by email about the public hearing. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. BOROUGH MANAGER'S REPORT Manager Gifford asked for consensus to cancel the work session of November 10 and regular meeting of November 17 due to the travel of Assembly members to the AML Annual Conference in Fairbanks. In place of the regular meeting consensus was given to hold a special work session with the Planning and Zoning Commission and Project Advisory Committee in order to meet with the consultant regarding the code revision project. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on the Western Interstate Region board meeting held October 5 -7, 2011. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2005 -09B Amending Contract No. FY2005 -09 Employment Contract Between the Kodiak Island Borough Assembly and Rick Gifford as Manager. N JEFFREY moved to adopt Contract No. FY2005 -098. This action approved Amendment #B of the Manager's Contract between the Kodiak Island Borough and Manager Rick Gifford. This increased the maximum accrual limit for annual leave from 60 Kodiak Island Borough Assembly Minutes October 20, 2011 Page 981 working days (480 hours) to match the limit for regular Kodiak Island Borough employees at 75 working days (600 hours). The amendment also allowed the Manager to cash in annual leave for up to 80 hours for any annual leave in excess of 80 hours. The cash in of annual leave was permitted once in a calendar year. The amendment for cashing in of annual leave also matched what the regular Kodiak Island Borough employees were allowed. STUTES moved to amend by adding the words "to be determined by the Assembly" to the last sentence of the paragraph that read "Manager shall be permitted to cash in up to 80 hours of annual leave in excess of 80 hours. Such cash out shall be permitted once in a calendar year. In the event of a serious emergency the manager may cash out any accrued leave in excess of 80 hours." Assembly member Stutes explained that the purpose of the proposed amendment would be to avoid future questions regarding the approval of the cash out. Assembly member Austerman expressed concern that requiring the entire Assembly may cause unnecessary delays in getting approval in the case of an emergency and instead, supported the Mayor and Deputy Presiding Officer providing the approval. STUTES moved to amend the amendment by changing the verbiage "to be determined by the Mayor and Deputy Presiding Officer." ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Austerman. ROLL CALL VOTE ON MOTION TO AMEND THE MAIN MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Austerman. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Austerman, and Friend. Resolutions 1. Resolution No. FY2012 -12 Ratifying and Certifying the Results of the Municipal Election Held October 4, 2011. FRIEND moved to adopt Resolution No. FY2012 -12. The Election Canvass Board met on October 11 and 12 to canvass the 2011 municipal election. The Assembly and public were provided a corrected copy of Resolution No. FY2012 -12 ratifying and certifying the municipal election of October 4, 2011. Clerk Javier reported that tie votes occurred as a result of write -in votes for the Service Area No.1 Board (SA1) and Womens Bay Service Area Board (WBSA) races. For the SA1 Board, Mr. Mike Dolph and Mr. Andrew DeVries received tie votes. Mr. Dolph declined to assume the seat and Mr. DeVries indicated his desire to assume the seat. Mr. Greg Egle and Mr. Dennis Hilsinger received tie • votes for the WBSA Board. Mr. Egle indicated his declination of the seat while Mr. Hilsinger was willing to assume the seat. Resolution No. FY2012 -12 would be revised to reflect the election results for the two service area board seats. Kodiak Island Borough Assembly Minutes October 20, 2011 Page 982 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Austerman, Friend, Fulp, and Jeffrey. Mayor Selby thanked the election workers for their service to the community of Kodiak during the regular election. Ordinances for Introduction 1. Ordinance No. FY2012 -10 Amending the Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Buildings Chapter 15.10 Building Codes By Adding Section 15.10.180 Poly- Tunnels and Title 17 Zoning By Amending Sections 17.60.020, 17.70.020, 17.75.020, 17.80.020, and 17.85.020 to Include Poly - Tunnels and /or Hoophouses. JEFFREY moved to adopt Ordinance No. FY2012 -10 in first reading to advance to public hearing on January 5, 2012, to allow the Planning and Zoning Commission's review of the ordinance. There had been an increased use of Poly - Tunnels /Hoophouses nationwide, and in Kodiak, as a practical and inexpensive means of growing fruits and vegetables. There was a need to institute processes and propose exemptions in the Borough code which addressed building codes and zoning compliance for Poly - Tunnels /Hoophouses. The proposed ordinance was sent to the Borough Attorney for legal review and a corrected version would be provided to the Assembly. One specific change would be including the definition of Poly - Tunnels /Hoophouses in the Borough code. This ordinance would amend Title 15 Buildings and Construction Buildings and Title 17 Zoning. Based on discussion at the October 13 work session, KIBC 17.205.010, and recommendation of the Borough Attorney and staff, the ordinance would be forwarded to the Planning and Zoning Commission for its review prior to the public hearing. Assembly member Lynch spoke on the development of the ordinance and its intentions. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Austerman, Friend, and Fulp. Other Items 1. Assembly Approval of a Partial Vacation to Allow a Reduction in Width for an Existing 50 -Foot "Easement for Salmon Stream" as Depicted on Plat 2006 -13, to be Reduced in Width to 35 -Foot Easement on One Side of Panamaroff Creek (Lot 3, Panamaroff Creek Estates Subdivision - Case S12 -003). This item was approved under the consent agenda. The Assembly's role in reviewing this action was determined by KIBC 16.60.060 (A) which stated: "A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the Assembly if the vacated area is within the Borough outside a city." The Assembly's role was to review all vacation requests that occurred on property located outside the city limits. Until a vacation was approved by the Assembly, the applicants could not record their final plat. This was a similar request to one that the applicant brought before the Planning and Zoning Commission in 2009. In that case, the Commission's decision and recommendation to the Assembly was based not on what was requested by the applicant, but a confirmation of an agreement reached Kodiak Island Borough Assembly Minutes October 20, 2011 Page 983 between the applicant and two agencies having jurisdiction in this case: the U.S. Army Corps of Engineers (ACOE) and Alaska Department of Fish and Game (ADF &G). Because the applicant failed to finalize the 2009 preliminary approval nor was a time extension requested, as determined by KIBC 16.40.060 (F), the approval of the plat became null and void. In this most recent request the Commission once again approved the vacation of the easement based on that same agreement between the parties. That was, it approved a partial reduction of the easement based on the same understanding between the U.S. ACOE, the ADF &G, and the applicant. The agreement reduced the easement down to 35 -feet (a 15 -foot reduction) in the vicinity of the house pad found on proposed Lot 3. 2. Administer Oath of Office to Newly Elected Officials. The Borough Clerk administered the Oath of Office to newly elected Assembly members Tuck Bonney, Dave Kaplan, and Mel Stephens. 3. Presentation to Outgoing Assembly Members. Mayor Selby presented a plaque to outgoing Assembly members Judy Fulp and Sue Jeffrey. CITIZENS' COMMENT None. ASSEMBLY MEMBER COMMENTS Assembly members congratulated Bud Cassidy and Mike Dolph for the awards and recognition they received and thanked them for their service to the community. Assembly members congratulated and welcomed incoming Assembly members and thanked outgoing Assembly members for their service to the community. Assembly member Jeffrey shared her thoughts on serving the community as an Assembly member for the past six years. Announcements Mayor Selby announced the Assembly and City Council would hold a Joint Work Session on Monday, October 24, 2011, at 7:30 p.m. in the Kodiak Fisheries Research Center Main Conference Room. The next Assembly work session would be held on Thursday, October 27, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly was scheduled on Thursday, November 3, 2011, at 7:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Minutes October 20, 2011 Page 984 ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Austerman, Friend, Fulp, Jeffrey, and Kaplan. The meeting was adjourned at 8:47 p.m. KODIAK ISLAND BOROUGH CL22 ATTEST: Jerome M. Selby, Mayor_ .. 1 . 111111 _ Nova . Javier, MMC, Borough Clerk Approved: December 1, 2011 Kodiak Island Borough Assembly Minutes Page 985 October 20, 2011