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02/04/2016 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting February 4, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on February 4, 2016, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major Michael Bates of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Dan Rohrer, Mel Stephens, and Dennis Symmons. Also present were Borough Manager Bud Cassidy, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. CROW moved to excuse Assembly members Frank Peterson and Rebecca Skinner who were absent due to personal leave. APPROVAL OF AGENDA AND CONSENT AGENDA ROHRER moved to approve the agenda and consent agenda. APPROVAL OF MINUTES Regular Meeting Minutes of January 7, 2016 were approved under the consent agenda. CITIZENS' COMMENTS Judi Kidder thanked the Clerk's Office Staff for posting the agenda on Facebook for ease of sharing. She spoke about Ordinance No. FY2016-04, challenges of mobile home insurance and moving mobile homes. Kent Cross urged the Assembly to consider opting out of all marijuana becauhttps:Hkadiakak.civicweb.nettfliepro/documents/5456se of the potential harmful effects. Bob Bowhev and Darius Kasprezak, commercial fishermen spoke in support of Contract No. FY2014-26 and listed statistics on the fisheries industry. They reminded the body that they were elected by the people to listen and represent the public at a higher level. That the City and Borough need to represent Kodiak's interests at the North Pacific Fishery Management Council. Darius Kasprezak spoke about the Jackson Mobile Home Park (JMHP) residents being displaced and that it should be a priority to get housing for these residents. He stated that marijuana has been legal since the seventies under the Raven Act and that efforts should be focused on stopping the hard drugs. An email from Mr. Bruce Short about the Anton Larsen Bay Road Extension Project was read into the record. Kodiak Island Borough Assembly Regular Meeting Minutes February 4, 2016 Page 1631 AWARDS AND PRESENTATIONS Mayor Friend proclaimed the month of February 2016 as National Teen Dating Violence Awareness and Prevention Month. Mayor Friend proclaimed February 20, 2016 as Coast Guard Appreciation Day in Kodiak and urged citizens to recognize the Coast Guard community for their individual and collective efforts in making Kodiak and all the navigable waters of Alaska a safer and better place to live, work, and play. COMMITTEE REPORTS Bayside Fire Chief Howard Rue reported that Bayside Fire Department's registration with the State would assist with obtaining grants, organizational charting, and Incident Safety Officer (ISO) rating. On Saturday, February 6, 2016 officer training would begin at Bayside Fire Station for the first time from 10 a.m. until 2 p.m. Hose and ladder testing had commenced. Twenty-four volunteers attended drill, seven who would be taking firefighter 1 course to become certified firefighters. Building usage has gone up. He thanked Fire Protection Area No. 1 Chair Rebecca Nelson for her work in getting the fire department registered. He also thanked several volunteers for their help with cleaning up the facility and testing equipment. Assembly member Mel Stephens attended the School District Budget Advisory Committee meeting on January 25. It was a general kick off meeting for the FY2017 budget. The budget was similar to what it was last year. Assembly member Kyle Crow attended the Joint Building Code Review Committee and discussed the engineering requirements under the building code. The Board elected John Butler as the chair and Scott Arndt as the co-chair. Member Ed Mahoney was going to review the wood frame construction manual for residential, high winds, and seismic requirements that may ease the concerns of the Assembly and citizens. Assembly member Dan Rohrer attended of the Borough Lands Committee regular meeting. Staff had put together an atlas of available lands that the committee determined short, medium, and long-term properties. The committee had recommended shortening the period depending on the parcel to get out there to the public. Assembly member Larry LeDoux agreed the Borough Lands Committee meetings were effective and they were looking at public and private partnerships to develop land. They were also looking at strategies to get land to folks who want to build houses. Assembly member Dennis Symmons announced the Kodiak Workforce Regional Advisory Council was still working on some quorum issues but that these would be worked out shortly. PUBLIC HEARING 1. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code Title 15 Buildings and Construction Chapter 15.10 KIBC Building Codes to Add a Local Exception to Eliminate the Requirement for Engineering for Certain Residential Construction in the Borough. ROHRER moved to adopt Ordinance No. FY2016-12. Kodiak Island Borough Assembly Regular Meeting Minutes February 4, 2016 Page 1632 The ordinance was requested by Assembly member LeDoux which would amend Chapter 15.10 of the Kodiak Island Borough Code to add a local exception to eliminate the requirement for engineering for certain construction in the borough. The Joint Building Code Review Committee would meet on Wednesday, January 27 and items on their agenda were as follows: • Review the 2012 International Residential Code's Engineering Provisions for High Wind and High Seismic Locations • Review of KIB Ordinance No. FY2016-12 Mayor Friend opened the public hearing. Art Bors spoke to the necessity of engineering requirements. Scott Arndt and John Butler spoke to the Inadequacies of Ordinance No. FY2016-12, and the need for time for all parties to review the code. Mayor Friend closed the public hearing. ROHRER moved to postpone Ordinance No. FY2016-12 to the regular meeting of May 5, 2016. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Crow, LeDoux, Rohrer, Stephens, and Symmons. BOROUGH MANAGER'S REPORT -- Manager Cassidy reported on the following: • Recently received the assessment on the burned timber in Chiniak • Service Area No. 1 chair, Engineering and Facilities Director, and Manager met with the designers of Otmeloi Road on preliminary design discussions • Incinerator was shut down for not meeting air quality standards and there may be potential fines imposed to the Borough • Facilities contract bids to be tallied and submitted to the assembly • Hospital negotiations to begin in early March 2016 • 2015 population of Kodiak was 13,819 MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS 1. RECONSIDERATION of Contract No. FY2014-26 Joint Contract With the City of Kodiak, With Heather McCarty of McCarty and Associates of Juneau, Alaska Fisheries Analyst Consultant Services. ROHRER moved to reconsider the vote taken on Contract No. FY2014-26 Joint Contract With the City of Kodiak, With Heather McCarty of McCarty and Associates of Juneau, Alaska Fisheries Analyst Consultant Services to extend the contract for one year. On January 21 after the regular meeting, Assembly member Rohrer, seconded by Assembly member LeDoux, filed a motion to reconsider the vote taken on Contract No. FY2014-26. Kodiak Island Borough Assembly Regular Meeting Minutes February 4, 2016 Page 1633 ROLL CALL VOTE ON MOTION TO RECONSIDER CARRIED FOUR TO ONE: LeDoux, Rohrer, Symmons, and Crow (Ayes); Stephens (No). The motion before the Assembly was to approve a one year extension to Contract No. FY2014- 26 Joint Contract with the City of Kodiak, with Heather McCarty of McCarty and Associates of Juneau, Alaska Fisheries Analyst Consultant Services. On February 7, 2014, an agreement was made and entered into by both the City of Kodiak and the Kodiak Island Borough with McCarty and Associates for fisheries analyst and consulting and related services. The current term of the agreement with the fisheries analyst remained in full force and in effect for two years and would expire on February 6, 2016. There was a provision in the contract for two one-year extensions upon approval by the Borough, City, and Contractor. SYMMONS moved to amend Contract No. FY2014-26 by extending the contract for six months. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Rohrer, Stephens, Symmons, Crow, and LeDoux. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FOUR TO ONE: Symmons, Crow, LeDoux, and Rohrer (Ayes); Stephens (No). NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2016-26 Adopting a 2015 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. ROHRER moved to adopt Resolution No. FY2016-26. As a regional government, the Kodiak Island Borough represented the communities of the Kodiak Island Archipelago. These communities included the City of Kodiak, City of Akhiok, City of Larsen Bay, City of Old Harbor, City of Ouzinkie, City of Port Lions and the community of Karluk. In these communities, there were improvements and infrastructure that included docks, airports, community utilities and facilities. Project needs had been identified and prioritized by each community and forwarded to the Kodiak Island Borough for inclusion in a 2016 State Legislative Capital Improvement Projects Priority List to be sent to the governor and state legislative delegation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Rohrer, and Stephens. Ordinances for Introduction None. Kodiak Island Borough Assembly Regular Meeting Minutes February 4, 2016 Page 1634 Other Items 1. Confirmation of the Assembly Appointment to the Monashka Bay Road Service Area Board (Ms. Summer Blain). LEDOUX moved to confirm the Assembly Appointment of Ms. Summer Blain to the Monashka Bay Road Service Area Board for a seat to expire 2018. There were currently two vacancies on the Monashka Bay Road Service Area Board and the Clerk's Office received an application from Ms. Summer Blain on January 11, 2016 for a seat to expire 2018. On Wednesday, January 13, the Clerk's office forwarded the application to the board for their recommendation. On Tuesday, January 19, the Clerk's office received the Board's recommendation to bring Ms. Summer Blain forward to serve on the board. The Board did show concern regarding her residence address but her residence address is 2648 Devils Prong which resided in the service area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Rohrer, Skinner, Stephens, and Symmons. 2. Confirmation of the Mayoral Appointment to the Kodiak Workforce Regional Advisory Council Business Management Information Technology Seat (Mr. Paul Vandyke). LEDOUX moved to appoint Mr. Paul VanDyke to the Business Management and Information Technology seat on the Kodiak Workforce Regional Advisory Council for a term to expire December 2016. On July 2, 2015 the Clerk' Office received an application from Mr. Paul VanDyke and on October 28, 2015 received an application from Mr. Frank Hack both for the Business Management and IT seat. The KWRAC met on Tuesday, January 12, 2016 and recommended Mr. Paul VanDyke to fill the Business Management and Information Technology seat for a term to expire December 2016. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Rohrer, Stephens, Symmons, and Crow. CITIZENS' COMMENTS Kent Cross spoke about the urgency to review the timber report for Chiniak. He noted the timber could be a revenue source and could generate between 1.5 to 2 million dollars that could help fund items on the CIP list. Stephen Faust spoke to the necessity of engineering requirements. He also made comments to the fisheries contract and the need for input from the fleet, processors, and cannery workers. He commented that the trawl fleet voluntarily shut down for a week to attend the NPFMC; there were important issues going on before the Council and the Analyst could be helpful. Kodiak Island Borough Assembly Regular Meeting Minutes February 4, 2016 Page 1635 Monique Lewis offered her assistance to help coordinate a town meeting with the residents of Chiniak. ASSEMBLY MEM ERS' COMMENTS Assembly member Stephens voiced concerns regarding the matters at the landfill. He understood the notice was received January 25 from ADEC that informed the Borough they were going to impose a penalty of 350K because of violations of air quality standards and other issues. He expressed discontent for the lack of promptness in informing the Assembly of this issue and voiced concerns of being transparent. Assembly member Rohrer expressed appreciation to the listening audience. Assembly member Symmons mentioned comments received from people in the villages attempting to call in to the Borough meetings with no success. He attended the budget address. He made comments to working on transparency and working together with the City of Kodiak. Assembly member LeDoux had the opportunity to attend the Rural Regional Leadership Forum last week when a number of issues were discussed that affected our village communities including how they fit in emergency response situations. They presented Manager Cassidy with a gift thanking him for his years of service and support. He expressed joy for working on the Borough Lands Committee and appreciated the work that staff had put in. Assembly member LeDoux made comments on the insurance issues all mobile homes in Alaska are facing that do not have access to roads and wondered if Alaska Municipal League could help in some way. He expressed appreciation to Fire Chief Rue for his work and updates to the Assembly. He announced he, Dennis, and Dan would be in Juneau to Lobby on behalf of Kodiak and expressed the importance of having a presence there. He attended a presentation by Pat Pitney from the Governor's Office, Diane Kaplan from the Rasmuson Foundation, and others that said to be prepared for lots of taxes and less money. He expressed appreciation for being a part of a diverse Assembly with lots of viewpoints. ADJOURNMENT ROHRER moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Stephens, Symmons, Crow, and LeDoux. The meeting was adjourned at 8:34 p.m. KODI IS D UGH EST: enrol Frle' AdAdayor OWL ollca--� Nova M. Javier, MMC, B r ugh Clerk Approved on: April 21, 2016 Kodiak Island Borough Assembly Regular Meeting Minutes February 4, 2016 Page 1636