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01/19/2017 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting January 19, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on January 19, 2017, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:45 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Deputy Clerk Angela MacKenzie, and Assistant Clerk Laurie Pardoe. APPROVAL OF AGENDA AND CONSENT AGENDA SKINNER moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Special meeting minutes of November 10 and November 28, 2016 were approved under the consent agenda. CITIZENS' COMMENTS Don Roberts spoke in favor of building codes and expressed safety concerns for residents and emergency responders. He noted that having building code exemptions for a few citizens' would not necessarily provide affordable housing and could result in consequences to the larger community including effects on property value and property taxes. He noted that a plain language version of an ordinance with a clear statement of the document's intent could be beneficial to the public and may result in different public comments. Paul Van Dvke complimented Community Development Director Sara Mason for her public presentation concerning upgrades to Otmeloi Way at a public meeting held on January 10. As the board chair of Fire Protection Area No. 1, he announced that the RFP for fire apparatus closed on Tuesday and the Assembly would soon have the Board's recommendation. As a Borough employee, he spoke in his own defense concerning a perceived conflict of interest. He spoke to transparency in government and corrected some information presented at an Assembly work session. He spoke in support of affordable housing and asked that the Assembly listen to one another as they debate the building codes. Stephanie Mason, Newly appointed Executive Director of Threshold Services, introduced herself to the Assembly. She briefly reported on the activities of the recycling center in 2016 and its outreach efforts to educate the public about recycling. She thanked the Assembly for its continued support. Kodiak Island Borough Assembly Regular Meeting Minutes January 19, 2017 Page 1 of 9 Judi Kidder noted that it would help stop illegal dumping if there was a well -advertised designated collection site for Christmas tree disposal. She reported on her attendance at the Planning and Zoning Commission work session and spoke to development grants available to fund low income housing. Toby Sullivan, Executive Director to the Kodiak Maritime Museum, thanked the Assembly for its financial support and spoke concerning the museum's recent activities in the community. Jerrol Friend spoke to a Salonie Creek long-term plan and encouraged the Assembly to maintain momentum on the development of the property. He spoke to the need for consistent building codes between the City of Kodiak and the Kodiak Island Borough and the possibility of creating designated areas with building code exemptions for homesteaders. Neil Moomev spoke concerning accessory dwelling units, other communities for examples, and compared the stria those of other Alaskan communities. On behalf of the Ko( he spoke in support of the commercial development of the in harmony and cooperation of those in the Salonie valley. development within the valley. He asked the Assembly to look to ;tness of proposed restrictions with fiak Island Sportsmen's Association, Salonie Creek property if developed He spoke in opposition of residential Rick Ryser spoke concerning rock extraction at Salonie creek. AWARDS AND PRESENTATIONS Mayor Rohrer presented the January 2017 National Stalking Awareness Month proclamation to the Kodiak Women's Resource and Crisis Center Outreach Director, Beth Davis, 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. Manager Powers announced that 5 -Year Longevity Awards would be presented to Dora Cross, Finance Director and Jeanne Miller, Accounting Technician/Accounts Payable in the Finance Department. A 20 -Year Longevity Award would be presented to Meagan Christiansen, Grant Writer/Special Project Support in the Manager's Office. The recipients were unable to attend but the awards would be presented at a staff meeting. He also announced that the Employee of the Quarter Award would be presented at the next regular meeting of the Assembly. COMMITTEE REPORTS Assembly member Skinner announced that the Kodiak College Advisory Council would soon begin its annual recruitment for the council. Applications would likely be due in the beginning of March and appointments would take effect over the summer. Assembly member LeDoux reported on the Kodiak Fisheries Work Group (KFWG) regular meeting of January 18. The primary issue discussed at the meeting was the North Pacific Fisheries Management Council decision to table proposed bycatch regulations affecting local trawlers. The topic was complicated and ongoing but the group would continue to review the issue. Other topics discussed at the meeting included advocating at the federal level and reorganization of the KFWG. He spoke regarding the suffering state of Kodiak's various fish species and the Federal declaration of Kodiak as a disaster area with regards to pink salmon. Kodiak Island Borough Assembly Regular Meeting Minutes January 19, 2017 Page 2 of 9 Assembly member Crow thanked Assembly member Skinner for her years of service as co- chair of the KFWG and welcomed Assembly member Van Daele who was appointed to the board. Assembly member Van Daele was looking forward to the next KFWG discussion regarding the role and process of the work group. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Powers briefly reported on the following: • Conversation with lobbyist on discussions by the legislature regarding Alaska's budget • Juneau lobby trip in March • Meetings held with Threshold Services and Healthy Tomorrows • Meeting held with the City of Kodiak to discuss items of mutual interest • Bayside Fire Department bid opening for two pieces of apparatus • Meetings held with several borough constituents • Federal Pink Salmon Fishery Disaster declaration and resulting potential to receive federal funding for projects MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer briefly reported on the following: • Requests received for support letters on various topics • Meetings held with Golden Alaska Excavating and with local representative of the Navy Seals regarding the future potentials of Salonie Creek • Meetings held with Threshold Services and Healthy Tomorrows UNFINISHED BUSINESS Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Building Codes To Readopt The 2012 International Residential Code For One And Two - Family Dwellings. The motion on the floor was to adopt Ordinance No. FY2017-22 (Version 4). The ordinance would return the Kodiak Island Borough from the 1997 Uniform Building Code to the 2012 International Residential Code. Three potential paths forward regarding the building code were discussed at the Borough Assembly's October 27, 2016 work session: 1) Keeping the 1997 Uniform Building Code and terminating the existing MOA with the City of Kodiak 2) Reverting to the 2012 International Residential Code and extending the existing MOA and 3) Reverting to the 2012 International Residential Code, providing an opt -out for single-family residential construction and extending the existing MOA. Ordinance No. FY2017-22, as presented in first reading on December 1, 2016 aligned with option 3 cited above. Several memos had been provided by staff and were provided in the packet as historical documentation. Kodiak Island Borough Assembly Regular Meeting Minutes January 19, 2017 Page 3 of 9 At the December 1, 2016 regular meeting, Version 2 of the ordinance was advanced to public hearing. The City of Kodiak City Council provided a letter to the Borough regarding the building code and the MOA on December 8, 2016, which was included in this packet. Version 2, as advanced on December 1, 2016 was included in the packet, as well as a draft which began to address the City's concerns. The draft was labeled as Ordinance No. FY2017- 22 Version 4. At the December 15, 2016 regular meeting, the Assembly held a public hearing on version 2 and then amended version 2 with version 4, postponed version 4 to the next regular meeting of January 19, and directed staff to provide recommendations to the policy questions raised by staff at that meeting. SMILEY moved to amend Ordinance No. FY2017-22 Version 4 by striking out "remote areas" and replacing it with "outside the city limits" on line 173 and adding "or accessory building" to line 180. CROW moved to close debate. ROLL CALL VOTE ON MOTION TO CLOSE DEBATE FAILED TWO TO FIVE: LeDoux and Symmons (Ayes); Skinner, Smiley, Townsend, Van Daele, and Crow (Noes). ROLL CALL VOTE ON MOTION TO AMEND FAILED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. Mayor Rohrer recessed the meeting at 9:05 p.m. and reconvened the meeting at 9:20 p.m. TOWNSEND moved to amend Ordinance No. FY2017-22 Version 4 by adding "accessory buildings within 200 feet of existing municipal water and sewer can be exempt provided the accessory building will not require plumbing" to line 182. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. VAN DAELE moved to postpone Ordinance No. FY2017-22 to the regular meeting of February 2. 2017. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO THREE: Smiley, Townsend, Van Daele, and LeDoux (Ayes); Symmons, Crow, and Skinner (Noes). NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2017-27 Approving The Disposal Of A t 35 Acre Portion Of The Remainder Of Lot 1, U.S. Survey 2539 By Direct Negotiation Of A Lease At Fair Market Kodiak Island Borough Assembly Regular Meeting Minutes January 19, 2017 Page 4 of 9 Value To Golden Alaska Excavating, LLC For The Purposes Of Resource Extraction And Stockpiling (P & Z Case No. 17-012). VAN DAELE moved to adopt Resolution No. FY2017-27 This was a request for disposal of a t 35 acre portion of an 8,331.92 acre Borough owned C - Conservation zoned parcel in the Salonie Creek drainage area. The applicant, Golden Alaska Excavating, LLC, was requesting to lease the site at fair market value for the purposes of resource (gravel) extraction and stockpiling. The site was one of three sites in the area that was identified as potential gravel sources by an engineering study performed for the Borough in 2010. That study showed this particular site to contain a substantial amount of minable gravel that could be extracted in a cost effective manner. This, combined with the reasons listed in the provided backup materials, made this property appear well suited for disposal as a gravel extraction site. The Planning and Zoning Commission, by a four to one vote, had determined the site to be surplus to the public's need and was recommended for disposal as stated in the provided resolution. Kodiak Island Borough Code 18.20.020.13 stated that land disposals must be approved by an Assembly resolution that specified the terms and conditions upon which the disposal would be offered. Accordingly, the provided Assembly resolution specified that the disposal would be by direct negotiation of a lease at fair market value to Golden Alaska Excavating, LLC for the purposes of resource extraction and stockpiling, which was consistent with the applicant's request. It was important to note that an additional party, B&R Fish Byproducts Inc., had since submitted an identical request for disposal of the site. That request was scheduled for public hearing at the January 18, 2017 Planning and Zoning Commission regular meeting. Given the additional interest in the site, the Assembly may feel that disposal by a direct negotiation of a lease to a specific entity was inappropriate. Should this be the case, the Borough would have the option to submit a request for disposal of the site by one of the competitive processes listed in Chapter 18.20 Real property disposal— in general of the Borough Code. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Symmons, Townsend, Van Daele, Crow, LeDoux, Skinner, and Smiley. Ordinances for Introduction 1. Ordinance No. FY2017-25 Amending Kodiak Island Borough Code Subsection 2.30.070(K) Privileged Motions To Provide A Special Parliamentary Rule Allowing The Assembly, By Majority Vote, To Postpone An Action Item Beyond The Meeting Limitation Set Out In Roberts Rules. SKINNER moved to adopt Ordinance No. FY2017-25 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Kodiak Island Borough adopted Roberts Rules of Order (RRO) as its parliamentary authority. According to RRO, a motion may not be postponed beyond the next regular meeting. Kodiak Island Borough Assembly Regular Meeting Minutes January 19, 2017 Page 5 of 9 There were times when it was in the best interest of the Assembly to postpone an action for several meetings or months in order to gather additional information or to request further research on the part of the administration so that an informed decision could be made. At other times, the Assembly may wish to wait for action on the part of other boards, governing bodies, or the State Legislature before acting on an item that was before the Assembly, as their actions may affect the Borough's stance. The ordinance before the Assembly sought to enact a special parliamentary rule allowing the Assembly, by majority vote, to postpone an action item beyond the one meeting limitation set out in RRO. This would allow the Assembly to continue its past practice of postponing beyond the next meeting without violating its adopted parliamentary rules and procedures. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Skinner, Smiley, and Symmons. Other Items 1. Confirmation Of A Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. SKINNER moved to confirm the mayoral appointment of Mr. Crow to the Cook Inlet Regional Citizens Advisory Council for a three year term to expire March 2020. The Cook Inlet Regional Citizens Advisory Council (CIRCAC) was a council formed in late 1990 as a non-profit corporation. Its mission was to represent the citizens of Cook Inlet in promoting environmentally safe marine transportation and oil facility operations in Cook Inlet. It consisted of special interest groups and municipality seats which included the Kodiak Island Borough. The Clerk's Office had advertised for this seat and had received two letters of interest from Richard Smith on Wednesday, December 28 and Assembly member Kyle Crow on Friday, December 30. On November 28, 2016, Assembly member Crow was appointed to fill the seat for a term to expire March 2017. In 2014, Mr. Scott Smiley was appointed to fill an unexpired term on the CIRCAC to expire 2017. He tendered his resignation to Mr. Mike Munger, CIRCAC Executive Director. Mr. Munger reached out to Assembly member Crow to fill the seat in the interim. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux, Skinner, Smiley, Symmons, and Townsend. 2. Appointments to the Providence Kodiak Island Medical Center Community Advisory Board (Ms. Carol Juergens, MD and Ms. Gretchen Saupe). LEDOUX moved to voice non -objection to the re -appointments of Ms. Carol Juergens, MD and Ms. Gretchen Saupe to the Providence Kodiak Island Medical Center Community Advisory Board for a terms to expire December, 2018. Kodiak Island Borough Assembly Regular Meeting Minutes January 19, 2017 Page 6 of 9 Per Contract No. 1997-07A: An advisory board meeting the requirements of 7AAC 13.030(a) would be appointed by Providence. One Assembly member shall be appointed by Providence as a full voting member of the advisory board, and Providence shall give the borough the On January 11, 2017, the Clerk's Office was notified of the following re -appointments to the Providence Kodiak Island Medical Center Community Advisory Board, Ms. Carol Juergens, MD and Ms. Gretchen Saupe for terms ending December 2018. Per the contract provision cited above, the Assembly was given the opportunity to comment before the appointments to the advisory board were made. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. SKINNER moved to extend the meeting to 11 p.m. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Townsend, Van Daele, and Crow. CITIZENS' COMMENTS Paul VanDvke appreciated the attention given Assembly to work toward developing a plan. to the gravel extraction issue and asked the Judi Kidder spoke to the importance of having a plan for gravel. She talked of efforts to clean up trash in public spaces within the community. ASSEMBLY MEMBERS' COMMENTS Assembly member Townsend spoke concerning progress on the building codes and the importance of having a more unified voice on the issue. Assembly member Skinner asked that in light of the postponement of Ordinance No. FY 2017- 22, the Assembly should make clear what they would like to see accomplished before the next work session discussion and be prepared to vote on the item at the regular meeting. Assembly member Symmons thanked Building Inspector Ted Hansen for being present to answer the Assembly's questions regarding building codes. He spoke concerning conflicts of interest, public perception, and citizen participation. He also saw a necessity for a gravel advisory board and expressed interest in serving on it. Assembly member Crow spoke of building codes being important to the community, the Borough's relationship with the City of Kodiak, a gravel extraction plan, and he thanked the Assembly for his appointment to the CIRCAC. Assembly member LeDoux spoke to emergency evacuation routes and expressed appreciation to public members who share ideas. He thanked Ted Hansen for answering the Assembly's questions. He commented on a federal land trust partnership, a State Board of Fish meeting held in Kodiak, the complexity of fisheries issues in Kodiak, and advocating for the Fisheries Industrial Technology Center. Kodiak Island Borough Assembly Regular Meeting Minutes January 19, 2017 Page 7 of 9 Assembly member Van Daele noted that he was impressed and proud of the efforts of borough staff in facilitating the Otmeloi Way public meeting held on January 10. Assembly member Smiley spoke concerning the Otmeloi Way public meeting, building code solutions, the idea of developing homesteader zones, and the importance of maintaining a memorandum of agreement with City of Kodiak. Mayor Rohrer thanked Bayside Fire Chief Rue and his crew for responding to a heat alarm in a building he was responsible for. Announcements Mayor Rohrer announced that the next Assembly work session would be held on Thursday, January 26 at 6:30 p.m. in the borough conference room and the next Assembly regular meeting was scheduled for Thursday, February 2 at 6:30 p.m. in the borough assembly chambers. EXECUTIVE SESSION 1. Discuss Negotiation Options And Litigation Tactics And Strategies: State Of Alaska, Department Of Environmental Conservation's Notice Of Violation For Kodiak Incinerator Re: Medical Waste Incinerated At Landfill. SKINNER moved to convene into executive session to discuss Negotiation Options And Litigation Tactics And Strategies: State Of Alaska, Department Of Environmental Conservation's Notice Of Violation For Kodiak Incinerator Re: Medical Waste Incinerated At Landfill. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. SKINNER moved to invite the Borough Mayor, Assembly, Borough Manger, E/F Director, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, LeDoux, and Skinner. After the vote, Mayor Rohrer recessed the regular meeting and convened into executive session at 10:15 p.m. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting at 10:25 p.m. and announced that no action was to be taken as a result of the executive session but direction had been given to the manager on how to proceed with negotiations. ADJOURNMENT SYMMONS moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, Crow, LeDoux, Skinner, and Smiley. The meeting was adjourned at 10:25 p.m. Kodiak Island Borough Assembly Regular Meeting Minutes January 19, 2017 Page 8 of 9 ATTEST: Kodiak Island Borough January 19, 2017 KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Approved on: April 20, 2017 Assembly Regular Meeting Minutes Page 9 of 9