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2012-01-19 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting January 19, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, January 19, 2012, • 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 Tuck Bonney, Jerrol Friend, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. KAPLAN moved to excuse Assembly member Austerman who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA FRIEND moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of December 15, 2011, were approved under the consent agenda. AWARDS AND PRESENTATIONS Manager Gifford presented the Employee of the Quarter Award to Martha Barnett, Interpretive Specialist/Receptionist at the Kodiak Fisheries Research Center. Manager Gifford presented a Fifteen -Year Longevity Award to Meagan Christiansen, Grant Writer /Special Projects Support in the Manager's Office. Mayor Selby proclaimed January 2012 as National Stalking Awareness Month and applauded the efforts of the many victim service providers, police officers, prosecutors, national and community organizations, and private sector supporters for their efforts in promoting awareness about stalking. Kodiak Island Borough Assembly Minutes • January 19, 2012 Page 1013 CITIZENS' COMMENTS Stacy Studebaker and Scott Bonney spoke in support of Resolution No. FY2012 -20. Karl Potts, representing Leisnoi, Inc., spoke against Resolution No. FY2012 -20. Erik O'Brien spoke in support of the Borough participating in a project to investigate a Fisheries Market Design through the Southwest Alaska Municipal Conference. COMMITTEE REPORTS None. PUBLIC HEARING 1. Ordinance No. FY2012 -15 Amending the Kodiak Island Borough Code of Ordinances Title 17 Zoning Section 17.10.030 Comprehensive Plan to Incorporate the Kodiak Road System Trails Master Plan (P &Z Case 12 -015). KAPLAN moved to adopt Ordinance No. FY2012 -15. This action codified the Trails Road System Master Plan as one of the adopted policy documents of the Borough. The goal of the master plan was to identify existing and potential trail corridors that led to recreational lands. The plan identified the need to protect and maintain existing trails and construct new trails that could be utilized by a wide array of users and by various means of motorized and non - motorized travel. Development of this plan was listed in numerous Assembly Strategic Plans. A number of public hearings occurred before the Parks and Recreation Committee and the Planning and Zoning Commission who recommended approval of the plan. Community Development Director Cassidy provided information about the Parks and Recreation Committee and Planning and Zoning Commission process. Mayor Selby opened the public hearing. Mike Sirofchuck, Pam Foreman, and Patrick Saltonstall spoke in support of Ordinance No. FY2012- 15. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Kaplan, Lynch, Stephens, and Stutes. 2. Ordinance No. FY2012 -01 B Amending Ordinance No. FY2012 -01 to Appropriate Funds in Support of the Alaska Coastal Management Program Initiative. KAPLAN moved to adopt Ordinance No. FY2012 -01 B. Kodiak Island Borough Assembly Minutes January 19, 2012 Page 1014 Resolution No. FY2012 -15 was adopted by the Assembly on January 5, 2012, which supported the Alaska Coastal Management Program Initiative promoted by the Alaska Sea Party; and the petition drive needed financial support in order to get to all of the districts to gather signatures. AS 15.13.145 states "money held by a municipality may be used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a municipal ordinance." Upon adoption of the Ordinance, the Manager was authorized to issue a check in the amount of $1,000 to the Alaska Sea Party. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Friend, Kaplan, Lynch, Stutes, and Bonney (Ayes); Stephens (No). 3. State of Alaska Alcoholic Beverage Board Liquor License Application for Transfer of Controlling Interest, Licensee /Applicant: CNG Inc. (Patricia Altmeter, President and George Gatter, Vice President). STUTES moved to voice non - protest to the CNG Inc. (Tony's Bar and Liquor Store) Request for Transfer of Controlling Interest. Licensee /Applicant: CNG Inc. (Patricia Altmeter, President and George Gatter, Vice President). The application for liquor license transfer was to transfer a controlling interest or shares of the Corporation that owned Tony's Bar and Liquor Store. Nikkia Atkins, Carl Gatter, and George Gatter retained equal shares of 33.33% each; the transfer would allocate shares of 66% to Patricia Almeter, President and 33% to George Gatter, Vice President. The Clerk's office followed procedures in KIBC 5.01.030 New license and transfer procedure. One hundred ninety -nine notices were mailed out on December 23, 2011. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Bonney, and Friend. 4. Ordinance No. FY2012 -10 Amending the Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Chapter 15.10 Building Codes by Adding Section 15.10.180 Hoop Houses and Title 17 Zoning by Amending Sections 17.25.090, 17.50.020, 17.60.020, 17.65.020, 17.65.030, 17.70.020, 17.75.020, 17.80.020, 17.85.020, 17.160.010 to Include Hoop Houses (P&Z Case 12 -025). LYNCH moved to adopt Ordinance No. FY2012 -10. This action would relax existing building and zoning codes to promote growing of fruits and vegetables in a hoop house structure. This ordinance was originally drafted by Assembly member Lynch and was introduced at the regular Assembly meeting of October 20, 2011. it was postponed Kodiak Island Borough Assembly Minutes January 19, 2012 Page 1015 and referred to the Planning and Zoning Commission for review. The Commission recommended moving this ordinance forward with the changes reflected on the substituted ordinance. The ordinance was also reviewed by the Borough Attorney. A substituted version of Ordinance No. FY2012 -10 was provided. LYNCH moved to amend Ordinance No. FY2012 -10 by substitution. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED FIVE TO ONE: Stutes, Bonney, Friend, Kaplan, and Lynch (Ayes); Stephens (No). LYNCH moved to amend proposed KIBC 15.10.180 Hoop Houses criteria to mirror proposed KIBC 17.25.090(H) Definitions, Nos. 1 -7. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Bonney, Friend, and Kaplan. FRIEND moved to amend proposed KIBC sections 15.10.180(H) Definitions, No. 7 and 17.25.090(H) Definitions, No. 7 to read "The structure is located no closer than two feet from all property lines." ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Bonney, Friend, Kaplan, Lynch, Stephens, and Stutes. Heather Johnson, Marie Rice, and Marion Owen spoke in support of Ordinance No. FY2012 -10. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Bonney, Friend, and Kaplan. BOROUGH MANAGER'S REPORT Manager Gifford reported that Kodiak had experienced three times the average snowfall during the winter months and citizens were urged to keep right -of -way areas cleared for safety reasons and snow removal purposes. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported that the Assembly held its Strategic Plan work session on Tuesday, January 17. He also reported approximately 34,000 signatures in support of the Coastal Management Program Initiative were submitted by the deadline on Tuesday, January 17, and provided additional information regarding the importance of the program. UNFINISHED BUSINESS None. Kodiak Island Borough Assembly Minutes January 19, 2012 Page 1016 NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2012 -18 Establishing Fund Balance and Prioritization Policies as Required by the Government Accounting Standards (GASB) Statement Number 54. STEPHENS moved to adopt Resolution No. FY2012 -18. This resolution was required for the Borough to remain in compliance with GASB. Instead of reporting only one amount for fund balance it separates the fund balance into different categories. These are non - spendable fund balance, restricted fund balance, committed fund balance, assigned fund balance, and unassigned fund balance. This resolution also set a spending prioritization policy to spend restricted fund balance first, followed by committed, assigned, and unassigned fund balances. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Bonney, Friend, Kaplan, and Lynch. 2. Resolution No. FY2012 -20 Affirming the Planning and Zoning Commission's Recommendation Not to Authorize the Disposal of Borough Land for Logging Purposes (PZC Case 12 -023). STUTES moved to adopt Resolution No. FY2012 -20. A -1 Timber Consultants was the entity harvesting timber on Leisnoi land in Chiniak. The company approached the Borough about gaining access to private timber lands by crossing Borough lands with a temporary road for a period of three years. KIBC 18.20.030 Review by planning commission — Assembly approval required the Planning & Zoning Commission, by resolution, to review the request and make a recommendation to the Assembly. A public hearing was held at the regular Commission meeting of December 21, 2011. The Commission recommended that the Assembly not enter into an agreement that allowed the use of Borough land for timber road purposes. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Bonney, Friend, Kaplan, Lynch, and Stephens. Ordinances for Introduction 1. Ordinance No. FY2012 -17 Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.120 Parks and Recreation Committee Section 2.120.010 Committee Created — Duties. KAPLAN moved to adopt Ordinance No. FY2012 -17 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Assembly Minutes January 19, 2012 Page 1017 The School District Board of Education requested a revision to KIBC 2.120.010 Parks and Recreation Committee to change the School District representation on the Parks and Recreation Committee from a School Board member to a school district staff member. The board felt that the Committee would be better served by staff representation. Upon approval of this revision, Superintendent Stewart McDonald would forward the name of the designated representative. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Kaplan, Lynch, Stephens, and Stutes. Other Items 1. Confirmation of the Mayoral Appointments to the Joint Building Code Review Committee. FRIEND moved to confirm the mayoral appointments of Mr. Scott Bonney for a term to expire December 2014 and Mr. Gregg Hacker for a term to expire December 2013 to the Joint Building Code Review Committee. At a joint work session in 1996, the City Council and Borough Assembly voiced a consensus that the composition of the Joint Building Code Review Committee would include one member each from the City Council and Borough Assembly and two members each from the City Building Code Board of Appeals and Borough Architectural Review Board. Assembly member Friend was the current Assembly representative and Mayor Selby asked that the appointments of Mr. Scott Bonney and Mr. Gregg Hacker to this Committee be approved. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Kaplan, Lynch, Stephens, Stutes, and Bonney. CITIZENS' COMMENTS Marion Owen thanked the Assembly for adopting Ordinance No. FY2012 -10 and urged the Assembly to consider changing the time of its meetings to begin earlier in the evening. ASSEMBLY MEMBER COMMENTS Assembly member Stephens urged asking GCI to broadcast the Assembly meetings, spoke on inviting individuals to attend work sessions in order to educate the Assembly on important and various fishery issues in Kodiak, and encouraged the Borough to consider reducing the amount of contracts with consultants outside of Alaska. Assembly members Lynch and Kaplan congratulated the Employee of the Quarter and Longevity Awards recipients. Kodiak Island Borough Assembly Minutes January 19, 2012 Page 1018 Announcements The next Assembly work session would be held on Thursday, January 26 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, February 2 at 7:30 p.m. in the Borough Assembly Chambers. The Mayor and members of the Assembly would be in attendance at the school tours conducted by Superintendent Stewart McDonald, and Assistant Superintendent Marilyn Davidson, and a school board member on the dates of Thursday, January 26, 1 p.m. to 3 p.m. and Tuesday, January 31, 9 a.m. to 11 p.m. ADJOURNMENT LYNCH moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Bonney, and Friend. The meeting was adjourned at 9:07 p.m. KODIAK ISLAND BOROUGH 9 -1117 7 • Cid ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MM4Borough Clerk Approved: March 1, 2012 Kodiak Island Borough Assembly Minutes January 19, 2012 Page 1019