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09/03/2015 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting September 3, 2015 A regular meeting of the Kodiak Island Borough Assembly was held on September 3, 2015, 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 Sergeant Major Dave Blacketeer of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Larry LeDoux, Chris Lynch, Frank Peterson, Dan Rohrer, Rebecca Skinner, and Dennis Symmons. Also present were Borough Manager Bud Cassidy, Finance Director Karl Short, Borough Clerk Nova Javier, and Assistant Clerk Angela MacKenzie. PETERSON moved to excuse Assembly member Aaron Griffin who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA LYNCH moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Special meeting minutes of July 30, 2015 and regular meetings of August 6 and August 20, 2015 were approved under the consent agenda. AWARDS AND PRESENTATIONS Manager Cassidy presented a Certificate of Achievement for Excellence in Financial Reporting; an Award for Outstanding Achievement in Popular Annual Financial Reporting; and an Award for the Government Finance Officers Association Distinguished Budget Presentation to Finance Director Karl Short. Finance Director Short provided a Finance Department update to the Assembly. CITIZENS' COMMENTS Barbara .Bigelow, Chief Executive Officer of Providence Kodiak Island Medical Center introduced herself to the Assembly. Kodiak Island Borough Assembly Regular Meeting Minutes September 3, 2015 Page 1558 Kodiak Area Mentoring Program (KAMP) representatives urged the Assembly to include a residential drug and alcohol detox rehabilitation and comprehensive mental health care program in the lease with Providence Kodiak Island Medical Center. Judy Kidder expressed the need for a residential drug and alcohol detox rehabilitation program in Kodiak. Mel Stephens spoke in opposition of the Assembly entering into an executive session to discuss the Markham Litigation cases. Jonathan Strong spoke in support of Ordinance No. FY2016-06. He also spoke in support of a residential drug and alcohol detox rehabilitation, mental health programs, and affordable housing. COMMITTEE REPORTS None. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • The Chiniak fire required the Borough, City, and other entities to come together to convene the Emergency Operations Center. Public safety was the top concern. • Chiniak Library was lost due to the fire and there would be discussion of rebuilding with insurance funds. • He attended the Fire Protection Area No. 1 regular meeting and updated the Assembly regarding the Fire Chief position and candidate. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend announced he had received a briefing during the Chiniak Fire incident and expressed gratitude to all involved. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions 1. Resolution FY2016-10 Conveying Tax Foreclosed Properties to the City of Old Harbor. Kodiak Island Borough Assembly Regular Meeting Minutes September 3, 2015 Page 1559 PETERSON moved to adopt Resolution No. FY2016-10. The resolution would convey a tax foreclosed property from the Kodiak Island Borough to the City of Old Harbor, as provided in AS 29.45.450, upon receipt of payment for outstanding taxes and foreclosed costs. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Lynch, Peterson, Rohrer, Skinner, and Symmons. Ordinances for Introduction 1. Ordinance No. FY2016-06 Amending Kodiak Island Borough Code Title 17, Zoning; Chapters 17.115 Mobile Home Parks, 17.80 R2 — Two-family Residential District, 17.85 R3 — Multi-family Residential District, and 17.90 B —Business District to Revise and Update the Standards for Mobile Home Parks in the Borough. LYNCH moved to adopt Ordinance No. FY2016-06 in first reading to advance to public hearing at the next regular meeting of the Assembly. The announced closure of Jackson's Mobile'Home Park would force mobile home owners in the park to relocate their homes. New permanent locations for those displaced mobile homes were currently limited. Current zoning code placed regulatory burdens on mobile home park development and expansion that could create new permanent locations. These zoning code amendments would reduce those regulatory burdens. The Planning and Zoning Commission held work sessions and special meetings to review the proposed amendments on July 1, July 15, August 5, and August 12, 2015. The Commission held a public hearing on the amendments at the August 19, 2015 regular meeting. Following the public hearing, the Commission voted unanimously to recommend that the Borough Assembly approve the ordinance amending KIBC Title 17 Zoning, Chapters 17.115, 17.80, 17.85, and 17.90 to revise, update, and modify the zoning requirements for mobile home parks. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, Skinner, Symmons, and LeDoux. Other Items None. EXECUTIVE SESSION 1. Discuss Litigation, Trial Strategy, and Tactics Regarding the Markham Cases. ROHRER moved to direct the Borough attorney to provide a public status update on the Markham cases and requested the Manager to provide a financial update on those cases. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Symmons, LeDoux, and Lynch. Kodiak Island Borough Assembly Regular Meeting Minutes September 3, 2015 Page 1560 0 Mayor Friend recessed the regular meeting at 8:37 p.m. to secure the Borough attorney Joe Levesque via teleconference to participate. Mayor Friend convened the regular meeting at 8:40 p.m. once the Borough attorney Joe Levesque joined the meeting. Attorney Joe Levesque reported the following status update: There were currently three cases involving Mr. Markham and they are related to his challenge of denying his senior citizen property tax exemption. Markham was asked to provide either proof he received the Alaska Permanent Dividend or proof that if he had applied he would have been eligible to receive. Markham was challenging the need to prove his eligibility. 2015— Markham requested case to be stayed. 2014 — Was before Judge Cole at the Supreme Court in Kodiak with currently eighteen motions filed with twelve of those motions filed by Mr. Markham. All the motions had been ruled on with the exception of Mr. Markham's motion to supplement the record and the Borough's motion to stay until a decision on the first motion was rendered. Mr. Markham had fled his brief and after the judge ruled on the two motions the Borough would file its brief. • 2013 —Was before Judge Douglas at the Superior Court in Dillingham and because Mr. Markham hadn't filed his brief in the time allowed the appeal was dismissed. Mr. Markham had filed an appeal to Judge Douglas's dismissal to the Alaska Supreme Court and the Borough had fled a motion to dismiss but the Supreme Court denied the Borough's dismissal, now Mr. Markham needed to file his brief and the Borough would file its brief. Manager Cassidy provided the following financial update on those cases: • 2013 Mr. Markham case had cost the Borough $59,214.59 • 2014 Mr. Markham case had cost the Borough $18,779.96 • 2015 Mr. Markham case had not been billed to date by the attorney Attorney Joe Levesque announced he had performed work on behalf of the Borough in the amount of$11,100.77 that had not been billed to the Borough. SKINNER moved to direct the Borough attorney to file a non-participatory notice to the Supreme Court regarding the 2013 Markham case. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Symmons, LeDoux, Lynch, and Peterson. CITIZENS' COMMENTS Kyle Crow expressed appreciation for the public status update on the Markham cases. He also spoke to the facilitation of the Emergency Operations Center during the Chiniak Fire. Neal Cooper expressed appreciation for the public status update on the Markham cases. Mel Stephens expressed his views on the process at the Supreme Court with regard to the Markham case. Kodiak Island Borough Assembly Regular Meeting Minutes September 3, 2015 Page 1561 Judy Kidder spoke in support of how the Chiniak Fire was handled. She also spoke to the importance of the broadcasting stations and how heavily relied upon they were to get the emergency announcements out to the citizens and that should be considered during the budgeting process. ASSEMBLY MEMBERS' COMMENTS Assembly member Lynch commended the Finance Department for its achievements and thanked the department for its update to the Assembly. She also announced the upcoming meetings for the Kodiak Fisheries Work Group on September 8, 9, and 10, 2015. Assembly member LeDoux commended the Engineering and Facilities staff for their preparation of project contracts to keep costs down. He suggested a community forum prior to strategic planning to hear public concerns. He also spoke in favor of developing and implementing transfer sites for recyclables. Assembly member LeDoux spoke in favor of continuing discussions regarding logging at Termination Point and Long Island. He also expressed interest in adding residential programs to the lease with Providence Kodiak Island Medical Center in the future. Assembly member Symmons expressed gratitude for all the efforts put into the Chiniak Fire incident. Assembly member Rohrer spoke to adding a discussion item of responsibilities of elected officials during emergencies. He mentioned the Division of Forestry was not permitted to take donations and that a non-profit was contracted to provide meals for one hundred people. He encouraged the public to attend the Solid Waste Advisory Board regular meeting of September 14, 2015 at the Kodiak Fisheries Research Center. He also requested a more in-depth update to the Fire Chief position at the upcoming work session of the Assembly. Assembly member Peterson commended everyone for their efforts during the Chiniak Fire incident. Assembly member Skinner expressed appreciation to all involved during the Chiniak Fire incident. She expressed interest in confirming solid internal processes in anticipation of future litigation issues. She also expressed interest in securing funding for non-profits that were relied upon during emergencies such as the Chiniak Fire incident. Assembly member Skinner was also interested in looking into transfer sites for recyclables. Announcements The next Assembly work session would be held on Thursday, September 10 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, September 17 at 7:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Regular Meeting Minutes September 3, 2015 Page 1562 ADJOURNMENT ROHRER moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, LeDoux, Lynch, Peterson, and Rohrer. The meeting was adjourned at 9:55 p.m. KODIAK IS!ND,j3ROUGH ATT IT: � :�Errol Frien , � � Mayor Nova . Javier, MMC, Borou Clerk Approved on: October 15, 2015 q Kodiak Island Borough Assembly Regular Meeting Minutes September 3, 2015 Page 1563