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10/20/2016 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting October 20, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on October 20, 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 David Davis of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Dan Rohrer, Rebecca Skinner, Scott Smiley, and Dennis Symmons. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Laurie Pardoe. CROW moved to excuse Assembly member Frank Peterson, Jr. who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA ROHRER moved to approve the agenda. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Manager Powers presented the Employee of the Quarter Award for the third quarter of 2016 to Janet Day, GIS Analyst in the Community Development Department. Manager Powers presented a five-year longevity award to Delores Evans, Appraiser Technician in the Assessing Department. CITIZENS' COMMENTS Jeff Stewart described the events of an open house held at Bayside Fire Hall and commended Bayside Fire Chief Howard Rue for promoting fire safety in the community. Mel Stevens spoke in opposition to Ordinance No. FY2017-16. COMMITTEE REPORTS — None. Kodiak Island Borough Assembly Regular Meeting Minutes October 20, 2016 Page 1 PUBLIC HEARING 1. Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, Larsen Bay Subdivision From R1 -Single-family Residential District To B -Business District (P&Z Case No. 16- 038). SMILEY moved to adopt Ordinance No. FY2017-18. This rezone request was the result of a substantiated complaint regarding the operation of a commercial lodge on an R1 -Single-family Residential zoned property in the City of Larsen Bay (a prohibited use in that zoning district). A commercial lodge (Alaska's Kodiak Island Resort) had been in operation on the subject lot since 2005. The applicant desired to bring the existing lodge into compliance with the requirements of Title 17 (Zoning) of the Borough code by rezoning the lot to a district that permits such use. Lodges had been determined to be similar in characteristics to that of a hotel or motel that supports recreational activities, all of which were permitted uses in B -Business zoning. B -Business zoning was also consistent with the lot's Commercial Future Land Use Designation and with various objectives of the adopted Comprehensive Plan. Accordingly, a rezone to B -Business was requested. The Planning and Zoning Commission held a public hearing on this rezone request at their August 17, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve this rezone. Six public hearing notices were sent on Friday, October 7. A public hearing notice was also sent addressed to the City of Larsen Bay Mayor and Council by email and regular mail. Two public hearing comments were received by close of business day on October 20. Mayor Friend opened the public hearing. Dave Harmes gave public comment in opposition to Ordinance No. FY2017-18. Mayor Friend closed the public meeting. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: LeDoux, Rohrer, Skinner, and Smiley (Ayes); Crow and Symmons (Noes). 2. Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lot 4, Block 3, Port Lions Subdivision From Public Land To Residential (P&Z Case No. 16-039). ROHRER moved to adopt Ordinance No. FY2017-19. Kodiak Island Borough Assembly Regular Meeting Minutes October 20, 2016 Page 2 This Future Land Use Designation change was requested by the City of Port Lions in conjunction with a request to rezone this property from PL -Public Use Lands to R2 -Two-family Residential. The City of Port Lions owned the subject parcel, which was developed with a structure that once served as the community clinic and had most recently been used as housing for the Village Public Safety Officer. The City could no longer afford to maintain the structure and wanted to dispose of the property by offering it for sale to the public. A rezone to a zoning district that allowed a single-family residence was required to accommodate the sale. Although such a rezone was consistent with various objectives of the adopted Comprehensive Plan and surrounding zoning, it was not consistent with the lot's current Public Land Future Land Use Designation. Accordingly, that designation must change to facilitate the rezone. The Planning and Zoning Commission held a public hearing on the Comprehensive Plan amendment request at their August 17, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the Future Land Use Designation change. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Rohrer, Skinner, Smiley, Symmons, and Crow. 3. Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions Subdivision From PL - Public Use Lands District To R2 -Two -Family Residential District (P&Z Case No. 16-040). LEDOUX moved to adopt Ordinance No. FY2017-20. The City of Port Lions request to rezone the subject parcel from PL -Public Use Lands District to 132 -Two-family Residential District followed a Comprehensive Plan amendment request for the same parcel (KIB Ordinance No. FY2017-20 / P&Z Case No. 16-039). The rezone was consistent with various objectives of the adopted Comprehensive Plan and surrounding zoning. Should the Comprehensive Plan amendment be approved, the subsequent rezone would also be consistent with the lot's newly assigned Residential Future Land Use Designation. The Planning and Zoning Commission held a public hearing on this rezone request at their August 17, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve this rezone. 32 Public hearing notices were sent on October 7. Included in the list is the City of Port Lions. No public hearing comments were received by close of business day on October 20. Kodiak Island Borough Assembly Regular Meeting Minutes October 20, 2016 Page 3 Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Smiley, Symmons, Crow, and LeDoux, BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Visit and tour of Chiniak with a forestry consultant. • Audit of the Finance Department. • Meeting with city manager. • Progress of negotiations with the hospital. • Progress of a facilities maintenance contract. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend announced that it was his last meeting as Borough Mayor and he encouraged others to become involved with local government. UNFINISHED BUSINESS Ordinance No. FY2017-16 Amending Sections of Kodiak Island Borough Code Title 18 Borough Real Property, Chapter 18.20 Real Property Disposal - In General To Address Certain Methods and Means of Borough Land Disposal Process. The motion on the floor was to adopt Ordinance No. FY2017-16 in its original version. This ordinance had been recommended to the assembly by the Borough Lands Committee (BLC) in order to address certain matters related to borough land disposal and land sales. The BLC established a subcommittee of its members in order to delve into the various provisions of KIBC Chapter 18.20 Real Property Disposal - In General. The subcommittee met over the course of several months to consider all provisions of KIBC 18.20. In the end, the subcommittee recommended a fairly limited range of recommended amendments. This recommendation was subsequently reviewed by the full BLC and forwarded on to the assembly with the committee's recommendation. Note: This item was referred by staff to the Borough Lands Committee at its September 14, 2016 regular meeting. The BLC did not wish to make further changes to the recommended amendments. The BLC requested staff return this item to the assembly agenda "as -is". The recommended changes in this ordinance are considered by the BLC as necessary preparation for a spring land sale. The issue of alternative land disposal methods for disposals not by land sale will be addressed at another time after the preparations for a land sale have been completed. August 18 RM - Introduction of Ordinance Kodiak Island Borough Assembly Regular Meeting Minutes October 20, 2016 Page 4 August 25 WS - discussed version 2 (based on Attorney's opinion) and Assembly suggested correction to increase the rebate percentage from 10% to 25% - incorporated the correction in Version 3 September 1 RM - Public hearing advertised but NOT HELD, Postponed to October 20 ROHRER moved to amend Ordinance No. FY2017-16 by substitution (Version 3) with a modification on lines 74 and 75 to authorize a 10% rebate of the purchase price not to exceed $10,000. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO THREE: Smiley, LeDoux, Rohrer, Friend (Ayes); Skinner, and Symmons. Crow (Noes). Mayor Friend cast his vote to break a tie. SKINNER moved to advance Ordinance No. FY2017-16 to public hearing at the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons. Crow, LeDoux, Rohrer, and Skinner. 2. Resolution No. FY2017-13 Adopting A Capital Improvement Projects Priority List For The 2016-2017 State Legislative Session. The motion on the floor is to adopt Resolution No. FY2017-13. 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). 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. The Commission generally reviewed the prior year's resolution, removed projects which had been funded, and added new community projects that had come to its attention. The commission received input from the KIB Parks and Recreation Committee and requested input from the general public. The Assembly had historically referred to the Planning and Zoning Commission's CIP list in preparing a short list of projects for which the Borough requested legislative funding from the State of Alaska to assist in accomplishing important community priorities. The Assembly might add projects, amend language and figures as well as remove projects. The adopted list would be forwarded to the legislative delegation, the governor, and any state agencies that would have oversight and/or involvement in the project. The Governor requested that the CIP lists be submitted before November 1 of each year. ROHRER moved to amend Resolution No. FY2017-13 by substitution (Version 2). Kodiak Island Borough Assembly Regular Meeting Minutes October 20, 2016 Page 5 ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Rohrer, Skinner, and Smiley. ROHRER moved to amend Resolution No. FY2017-13 by removing item 7 from the list. SKINNER moved to call the previous question. ROLL CALL VOTE ON CALL TO PREVIOUS QUESTION: LeDoux, Rohrer, Skinner, Smiley, and Symmons. Crow (No). ROLL CALL VOTE ON MOTION AS AMENDED FAILED THREE TO FOUR: LeDoux, Skinner, Symmons (Ayes); Rohrer, Smiley, Crow, and Friend (Noes). Mayor Friend cast his vote to break a tie. SKINNER moved to postpone Resolution No. FY2017-13 to a special meeting on October 27. ROLL CALL VOTE ON MOTION TO POSTPONE: Rohrer, Skinner, Smiley, Symmons, Crow, and LeDoux. NEW BUSINESS Contracts Contract No. FY2004-61G Kodiak Island Borough Legislative Consultant During the 2017 and 2018 Legislative Sessions SKINNER moved to authorize the manager to execute Contract No. FY2004-61 G with Hickey & Associates of Juneau, Alaska in the amount not to exceed $45,000 annually for the period of January 1, 2017 through December 31, 2018. The agreement for lobbying services between Kodiak Island Borough and Hickey & Associates would expire on December 31, 2016. KIBC 3.30.070.A stated that competitive bids were not required for professional contracts. This contract was another two year contract, similar to the last contract. Mr. Hickey had worked on behalf of the Borough for many years and had done an excellent job for the Borough working quite well with the Governor's Office, legislature and various State agencies. Mr. Hickey had been supportive of Borough projects assisting the manager and staff, not only with legislation but also with project hurdles the Borough encountered from time to time with State agencies that were administrating grants or projects. The fiscal impact was $45,000 per year for each of the two years of the contract. The budget for FY2017 included funding for lobbying activities however the fiscal year 2018 and 2019 budgets within which part of this contract would fall had not yet been established. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons. Crow, LeDoux, and Rohrer. Kodiak Island Borough Assembly Regular Meeting Minutes October 20, 2016 Page 6 2. Contract No. FY2016-45B - Second Amendment Of KIB Contract FY2016-45 Expanding the Salvage Timber Sale Area To Include The Chiniak School Site And Providing For Alternative Harvest Standards. SKINNER moved to approve Contract No. FY2016-45B-Second Amendment of KIB Contract FY2016-45 expanding the salvage timber sale area to include the Chiniak School Site and providing for alternative harvest standards. The borough's forest management consultant had reviewed the fire damage to trees on the Chiniak School site and determined that the salvage harvest area covered by KIB Contract FY2016-45 should be expanded to include this area while A-1 Timber is mobilized in the area and under contract to the borough. Section 11.R of the existing contract provides for such amendments, subject to assembly approval. A meeting was held on site with A-1 Timber, Kodiak Island Borough School District and KIB Engineering and Facilities staff present. A walk through and discussion of the site help to solidify the need for alternative harvest standards which would exceed the standards of the existing contract. These standards, as set forth in the proposed contact amendment, will require a different dollar amount for compensation due to the extra labor and equipment time that will be required to meet the increased requirements. A new dollar figure was not received from A-1 at the time of entering this proposed contract amendment onto the assembly agenda so the draft agreement has been submitted with a blank for that item pending further information from A-1 Timber. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Crow, LeDoux, Rohrer, and Skinner. Resolutions 1. Resolution No. FY2017-17 Ratifying And Certifying The Results Of The Municipal Election Held On October 4, 2016. LEDOUX moved to adopt Resolution No. FY2017-17. The local municipal election was held on Tuesday, October 4, 2016. The Canvassing Board met on October 11 and 12 and examined in detail all write-ins, absentee ballots, questioned ballots, personal representative ballots, optical scan receipts, and original and duplicate tally books from each of the precincts of the Kodiak Island Borough. Per KIBC 7.40.010 Certification of Election, as soon as possible after completion of the canvass, the Assembly should meet in a public session to receive the report of the canvass board. If, after considering said report, the assembly would determine that the election was validly held, the election should be certified by resolution and entered upon the minutes of the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Rohrer, Skinner, and Smiley. Kodiak Island Borough Assembly Regular Meeting Minutes October 20, 2016 Page 7 2. Resolution No. FY2017-18 Authorizing The Assessor To Assess The Kodiak Affordable Housing Project Low Income Tax Credit (LIHTC) Project Based On Restricted Rents. SKINNER moved to adopt Resolution No. FY2017-18. The growing need for safe, affordable, quality housing in Kodiak had prompted the Kodiak Affordable Housing Project to pursue the construction of a 20 unit project with the assistance of low income housing tax credits. These tax credits would allow the project to be financed at lower than market mortgage rates. The request from the project owners was that the Kodiak Island Borough assess the project based on actual rents and not by market rents. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Rohrer, Skinner, Smiley, and Symmons. Ordinances for Introduction None. Other Items Declaring A Seat On The Assembly Vacant (Assembly Member Dan Rohrer). SKINNER moved to declare the seat held by Assembly member Rohrer on the Assembly vacant and direct the Borough Clerk to advertise the vacancy per Borough code. Assembly member Rohrer was recently elected to the Kodiak Island Borough Mayoral Seat. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Rohrer, Skinner, Smiley, Symmons. and Crow. Presentation To Outgoing Assembly Members. Mayor Friend presented appreciation certificates to outgoing Assembly members Frank Peterson and Dan Rohrer. 3. Presentation To Outgoing Mayor. Manager Powers presented an appreciation certificate to outgoing mayor Jerrol Friend. 4. Administration of Oath of Office to Newly Elected Officials. Kodiak Island Borough Code 2.25.030 dictates that: Before taking office, an assembly member shall affirm in writing that the duties of the office will honestly, faithfully, and impartially be performed. The oath shall be filed with the clerk. Kodiak Island Borough Assembly Regular Meeting Minutes October 20, 2016 Page 8 It is also stated in KIBC 2.25.020 that the term of an assembly member is three years or until a successor is selected and qualified. The regular term of office begins on the first Monday following certification of the election and upon taking an oath of office. The Borough Clerk administered the Oath of Office to the newly elected officials. They would officially take office on Monday, October 24, 2016. 5. Approval Of The Scoping Comments Letter For The EIS On The GTBM Action To Be Sent To The Sustainable Fisheries Division, Alaska Region NMFS. SKINNER moved to approve the Scoping Letter and authorize the Mayor to sign the letter on behalf of the Assembly. The Kodiak Fisheries Work Group reviewed and approved the attached letter at its meeting on October 12.. The KFWG would like this letter to be sent by the Kodiak Island Borough and the City of Kodiak. This was scheduled for review by the City Council on November 10. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Smiley, Symmons, Crow, and LeDoux. CROW moved to suspend the rules to hold Assembly member comments before the executive sessions. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Crow, LeDoux, and Rohrer. CITIZENS' COMMENTS None. ASSEMBLY MEMBERS' COMMENTS Assembly member Rohrer congratulated newly elected Assembly members Matthew Van Daele and Scott Smiley. He announced that he was looking forward to beginning his service as Borough Mayor and expressed respect and appreciation for Mayor Friend in many his years of service to the Kodiak Island Borough. Assembly member Smiley thanked Mayor Friend for his service as mayor and congratulated newly elected Assembly member Matthew Van Daele and newly elected Mayor Daniel Rohrer. Assembly member Skinner thanked the outgoing elected officials and congratulated the incoming officials. She encouraged people to apply for the vacant Assembly seat. She requested a short presentation to the assembly outlining the Otmeloi road project timeline and any anticipated borough involvement in the process. Kodiak Island Borough Assembly Regular Meeting Minutes October 20, 2016 Page 9 Assembly member Symmons thanked Mayor Friend for his patience and invited people to apply for the vacant Assembly seat. Assembly member LeDoux echoed Assembly member Skinner's comments concerning the Otmeloi road project. He congratulated the borough on the launch of its new website. He encouraged residents of rural communities to apply for the vacant Assembly seat. He congratulated the Borough clerk, clerk staff, and volunteers on conducting a great election. He reported that the October 20 joint work session with the City of Kodiak had been very productive. He welcomed Scott Christiansen back to the community. He expressed concern for a lack of representation on various boards and commissions. He congratulated the newly elected officials and expressed appreciation for Mayor Friend. Announcements Mayor Friend announced that he next Assembly work session would be held on Thursday, October 27 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting was scheduled for Thursday, November 3 at 6:30 p.m. in the Borough Assembly Chambers. He also announced that the Kodiak Island Borough was seeking applicants to fill a vacant Assembly member seat for an appointment to expire October 2017. Applications would be available the following day in the Borough Clerk's Office and on the Kodiak Island Borough website. EXECUTIVE SESSION 1. Attorney Client Privileged Communications To Obtain Legal Advice Regarding An Ongoing Investigation By The Alaska Department of Labor, Occupational Safety And Health Section. SKINNER moved to convene into executive session to discuss Attorney Client Privileged Communications To Obtain Legal Advice Regarding An Ongoing Investigation By The Alaska Department of Labor, Occupational Safety And Health Section, a subject matter which qualifies for executive session per KIBC 2.30.030(F.1.f) confidential attorney-client communications made for the purpose of facilitating the rendition of professional legal services to the borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Crow, LeDoux, Rohrer, and Skinner. ROHRER moved to invite the Borough Mayor, Assembly, Manager, Human Resource Staff, Borough Attorney, and Borough Clerk into executive session. Kodiak Island Borough Assembly Regular Meeting Minutes October 20, 2016 Page 10 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Rohrer, Skinner, and Smiley. Mayor Friend reconvened the regular meeting at 8:50 p.m. ROHRER moved to invite Mathew Van Daele into the executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Rohrer, Skinner, Smiley, and Symmons. Mayor Friend reconvened into executive session at 8:55 p.m. Mayor Friend reconvened the meeting and announced that no action was to be taken as a result of the executive session. 2. Matters Involving Negotiations With The IBEW. SKINNER moved to convene into executive session to discuss Matters Involving Negotiations with the IBEW, a subject matter which qualifies for executive session per KIBC 2.30.030(F.1.d) matters involving negotiations with labor organizations representing borough employees. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Rohrer, Skinner, Smiley, Symmons, and Crow. SKINNER moved to invite the Borough Mayor, Assembly, Manager, Borough Attorney, Borough Clerk and newly elected Assembly member Matthew Van Daele into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Smiley, Symmons, Crow, and LeDoux. Mayor Friend reconvened the meeting at 10:10 p.m. and announced that direction was given to the Borough Manager on how to proceed with the negotiations. SKINNER moved to extend the meeting until 11:00 p.m. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Crow, LeDoux, and Rohrer. Kodiak Island Borough Assembly Regular Meeting Minutes October 20, 2016 Page 11 3. Borough Manager's Evaluation SKINNER moved to convene into executive session to discuss the Borough Manager's Evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice a character or reputation of a person. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Crow, LeDoux, Rohrer, and Skinner. SKINNER moved to invite the Borough Mayor, Assembly, Matthew Van Daele, and Manager into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Rohrer, Skinner, and Smiley. Mayor Friend reconvened the meeting at 10:33 p.m and announced that no action was to be taken as a result of the executive session. ADJOURNMENT ROHRER moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Rohrer, Skinner, Smiley, and Symmons. The meeting was adjourned at 10:35 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor N va M. Javier, MMC, Boro gh Clerk Approved on: December 15, 2016 Kodiak Island Borough Assembly Regular Meeting Minutes October 20, 2016 Page 12