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2012-09-20 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting September 20, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, September 20, 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. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. KAPLAN moved to excuse Assembly member Friend due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA AUSTERMAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Special Meeting Minutes of August 30, 2012, were approved under the consent agenda. AWARDS AND PRESENTATIONS A. Plaque of Appreciation to Mr. Ian Fulp, City of Kodiak Parks and Recreation Director, was presented by Mayor Selby. CITIZENS' COMMENTS Stephen Taufen spoke in support of Resolution Nos. FY2013 -09 and FY2013 -10. Jerry Bongen reported on specific agenda items for the October meeting of the North Pacific Management Council. Dennis Summons thanked the Borough Assembly for their work and encouraged community support. Karl Short and Woody Koninq spoke in support of Ordinance Nos. FY2013 -03 and FY2013 -04. COMMITTEE REPORTS None. Kodiak Island Borough Assembly Minutes September 20, 2012 Page 1094 PUBLIC HEARING 1. State of Alaska Alcoholic Beverage Board Liquor License Application for a New Liquor License with a Restaurant Designation. Licensee /Applicant: Crystal, LLC, D.B.A. Noodles. LYNCH moved to voice non - protest to the Crystal, LLC (D.B.A. Noodles) for a New Liquor License Application with a Restaurant Designation. Licensee /Applicant: Crystal, LLC (D.B.A. Noodles). The liquor license application was for a new liquor license with a restaurant designation for Noodles. The Clerk's office followed the procedure in KIBC 5.01.030 New License and Transfer procedure. The application is for beer and wine only. 485 public hearing notices were mailed out on September 5, 2012 and responses were provided to the Assembly. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Kaplan, Lynch, Stephens, and Stutes. 2. Ordinance No. FY2013 -02 Approving a Rezone for Lot 25A, Block 7 Leite Addition from R1- Single Family Residential to R3- Multifamily Residential (P &Z Case 13 -001, Wittenbrader). AUSTERMAN moved to adopt Ordinance No. FY2013 -02. Lot 25A was larger by area and width than most of the other lots in Block 7, Leite Addition. All but three lots in the block were already zoned R3- Multifamily Residential and the block shares an extensive platting history. Lot 25A was somewhat constrained by limitations on access so it may not have been able to take full advantage of the R3 zoning, but it could still benefit from additional development options in the R3 zone which were not currently available in the R1 zoning district. The Planning and Zoning Commission held a public hearing on this request and found the request consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. KIBC 17.205.55(B) also required the Assembly to be notified by the Planning and Zoning Commission of its actions and its findings. Staff recommended that the Assembly uphold the decision of the Planning and Zoning Commission and adopt this motion. 73 public hearing notices were sent out and responses were provided to the Assembly. 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: Kaplan, Lynch, Stephens, Stutes, and Austerman (Ayes); Bonney (No). Kodiak Island Borough Assembly Minutes September 20, 2012 Page 1095 • BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) Administrative Official Cassidy reported on the following: • Manager applicants would be given community tours of the Kodiak projects along with being introduced to department heads at the Borough offices. • Gave a final overview of the closed FY2012 Borough budget. MESSAGES FROM THE BOROUGH MAYOR Assembly was requested to respond as to their attendance to the WIR Reception /Banquet on October 4. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2013 -09 A Joint Kodiak Island Borough Assembly and Kodiak City Council Resolution Supporting the Overall Approach to Fishery Issues by the Kodiak Fisheries Workgroup. KAPLAN moved to adopt Resolution No. FY2013 -09. Assembly member Lynch stated that the Kodiak Fisheries Workgroup, comprised of three members of the Kodiak Island Borough Assembly and three members of the Kodiak City Council, adopted a statement of its overall approach to consideration of fishery management issues of interest and concern to the Kodiak region. At the Assembly /City Council joint work session of September 4, 2012, the Kodiak Fisheries Workgroup representatives and the Fisheries Analyst Consultant Denby Lloyd presented the conditions of the overall approach. It was recommended to both governing bodies to adopt a joint resolution supporting the efforts of the overall approach established by the Workgroup. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Austerman, and Bonney. 2. Resolution No. FY2013 -10 A Joint Kodiak Island Borough Assembly and Kodiak City Council Resolution Supporting Comments to the North Pacific Fishery Management Council on Pending Actions Regarding Comprehensive Management of Prohibited Species Catch (PSC) by the Trawl Fishery in the Central Gulf of Alaska. KAPLAN moved to adopt Resolution No. FY2013 -10. Assembly member Lynch stated that the Kodiak Fisheries Workgroup, comprised of three members of the Kodiak Island Borough Assembly and three members of the Kodiak City Council, identified and adopted a statement of its overarching approach and goals for management programs as initial Kodiak Island Borough Assembly Minutes September 20, 2012 Page 1096 comments to the North Pacific Fishery Management Council on pending actions regarding comprehensive management of prohibited species catch (PSC) by the trawl fishery in the central Gulf of Alaska. The NPFMC held meetings in October 2012 and an agenda item scheduled for the meetings was included which would began the process of developing a program to provide tools for effective management of PSC, incentives for minimization of by- catch, and vessel level accountability for the Central Gulf of Alaska trawl ground fish fishery. The NPFMC developed a purpose and needs statement with goals and objectives for a new fishery management system. It was recommended by the Kodiak Fisheries Workgroup that both governing bodies establish a resolution in support of the goals and objectives of the Workgroup which was provided to NPFMC at the October meetings: ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Lynch, Stephens, Stutes, Austerman, and Kaplan (Ayes); Bonney (No). 3. Resolution No. FY2013 -12 Adopting a State Legislative Capital Improvement Projects Priority List for the 2013 Legislative Session. AUSTERMAN moved to adopt Resolution No. FY2013 -12. In accordance with KIBC 2.40.030(E), the Planning and Zoning Commission reviewed and updated a list of project priorities for the KIB Capital Improvement Program (CIP) for FY2013 -2017. The Commission was required to make a recommendation to the Assembly by resolution and deliver that recommendation no later than October 1st of each year. At its July 18, 2012 regular meeting the Commission reviewed last year's resolution and took into account those projects which had been funded since that time. In addition, the Commission received input from the City of Kodiak, the KIB Parks and Recreation Committee and made available opportunities for input by the general public. At its August 15, 2012 regular meeting, the Commission reviewed the input received and adopted P &Z Resolution No. FY2013 -02 establishing a revised and updated list of project priorities for the CIP FY2013 -2017. That resolution was formally transmitted to the Borough Assembly for its further consideration. This resolution compiled the list of capital improvement priority projects that the Kodiak Island Borough would submit to the 2013 legislative session for funding consideration. The list was a recommendation by the Commission to the Assembly after taking public testimony. The Assembly may add projects, amend language and figures as well as remove projects. It was important to have this list completed early so that projects may be considered by the different state agencies and hopefully be included in the Governor's Capital Budget. The Assembly's list would be forwarded to our legislative delegation, the governor, and any state agencies that would have oversight and /or involvement in the project. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Austerman, Bonney, Kaplan, and Lynch (Ayes); Stephens and Stutes (No). Kodiak Island Borough Assembly Minutes September 20, 2012 Page 1097 Ordinances for Introduction 1. Ordinance No. FY2013 -01A Amending Ordinance No. FY2013 -01 Fiscal Year 2013 Budget by Accepting Three Grants. LYNCH moved to adopt Ordinance No. FY2013 -01A in first reading to advance to public hearing at the next regular meeting of the Assembly. The Borough received a municipal matching grant of $3,000,000 for the Landfill Lateral Expansion Phase II; and a $7,000,000 legislative grant for KHS VocEd and Physical Education renovation. The Borough also received a $100,000 legislative grant to purchase playground equipment for Womens Bay Parks. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Bonney, Kaplan, Lynch, and Stephens. 2. Ordinance No. FY2013 -03 Amending Section 411.2 Longevity Pay of the Personnel Manual. KAPLAN moved to adopt Ordinance No. FY2013 -03 in first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance was drafted by Mayor Selby. The KIB Personnel Manual Section 411.2 provided for longevity pay for regular full -time employees of the Borough who had worked 7, 10, and 15 years. In order to retain longevity of the Borough employees it was integral to continue recognizing the long -term employees who had continued their service with the Borough for 20, 25, and 30 years. This was extremely important in that the Public Employees Retirement System (PERS) had changed from a defined benefit program to a defined contribution program. Employee turnover could be very costly and it was in the Borough's best interest to minimize turnover. The Borough's Working Conditions Advisory Council was reestablished in July 2012. This council was established to benefit those employees not covered by the Union contract, including department heads. The WCAC met on August 31, 2012 and approved the Longevity Ordinance to advance to the Borough Assembly for adoption. The intention of this ordinance was to benefit all regular full -time employees of the Borough. STUTES moved to postpone Ordinance No. FY2013 -03. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED: Austerman, Bonney, Kaplan, and Lynch (Noes); Stephens and Stutes (Ayes). ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Austerman, Bonney, Kaplan, Lynch, and Stutes (Ayes); Stephens (No). 3. Ordinance No. FY2013 -04 Amending Section 707 Sick Leave of the Personnel Manual. AUSTERMAN moved to adopt Ordinance No. FY2013 -04 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Assembly Minutes September 20, 2012 Page 1098 This ordinance was drafted at the request of Working Conditions Advisory Council Chairperson Karl Short. Per KIB Personnel Manual Section 707, the Borough employees currently did not get cash payment/compensation for unused sick leave when they terminated their employment with the Borough. When the Public Employees Retirement System (PERS) changed from a defined benefit program to a defined contribution program, many of the incentives for long -term employment went away. Employees who have worked over five years should be fairly compensated for unused sick leave and by providing this incentive it discouraged inappropriate use of sick leave. The Working Conditions Advisory Council met on August 31, 2012 and approved the Sick Leave Pay ordinance to advance to the Borough Assembly for adoption ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Kaplan, Lynch, Austerman, and Selby (Ayes); Bonney, Stephens, and Stutes (Noes). Other Items 1. Approval of the October 2, 2012 Regular Municipal Election Workers. Per KIBC 7.30.010.A Election Officials. The assembly shall appoint at least three election officials in each precinct to constitute the election board of that precinct. The clerk is the election supervisor. One election official shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The clerk may appoint additional election officials at any polling place where they are needed to conduct an orderly election and to relieve other election officials of undue hardship. This was approved under the consent agenda. CITIZENS' COMMENTS Stephen Taufen thanked the Assembly for its diligence in dealing with a varied- subject meeting packet along with speaking to the different fisheries issues locally and nationwide. ASSEMBLY MEMBER COMMENTS Assembly member Stutes had no comments. Assembly member Stephens spoke to the Kodiak High School renovation project and his concerns about the delinquent project deadlines in relationship to taking on the long term care facility project at the same time. Assembly member Lynch had no comments. Assembly member Bonney spoke in support of the long term care facility project. Assembly member Austerman congratulated Ian Fulp, thanked the election workers for their participation in the voting process, encouraged the community to attend the Providence Hospital meeting, spoke in support of the Long Term Care Facility and project manager format, acknowledged the year- end - fiscal numbers, and reported on her challenges with the School District and receiving needed information and documentation. Assembly member Kaplan thanked and congratulated Ian Fulp for his community contributions and the Clerk's office and election staff. Kodiak Island Borough Assembly Minutes September 20, 2012 Page 1099 Announcements The Mayor and Assembly would meet in a special work session on Saturday, September 22, at 9 a.m., in the Borough Conference Room to conduct interviews for the Borough Manager position. A special meeting would be held immediately following the special work session to select the Borough Manager. The Mayor and the members of the Assembly would be in attendance at the Providence Joint Community Meeting and Lunch on Tuesday, September 25, 2012. The luncheon was held at 11:45 a.m. and the meeting began at 12:15 p.m. at the Kodiak Harbor Convention Center Pavilion Room. The next Assembly work session would be held on Thursday, September 27 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, October 4 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Austerman and Bonney. The meeting was adjourned at 8:55 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. SelbyjNlayo Nova M. Javier, MC, Borough Clerk Approved on: November 1, 2012 Kodiak Island Borough Assembly Minutes September 20, 2012 Page 1100