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04/06/2017 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting April 6, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on April 6, 2017, 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. Deputy Presiding Officer LeDoux led the Pledge of Allegiance. Present were Deputy Presiding Officer Larry LeDoux, Assembly members Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. SYMMONS moved to excuse Mayor Dan Rohrer and Assembly member Kyle Crow who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA VAN DAELE moved to approve the agenda VAN DAELE moved to amend the agenda by adding an Executive Session to discuss Strategies in Negotiating the Hospital Lease as Item No. 16 and adding a presentation from Elaina Spraker from Senator Dan Sullivan's Office under item 7.E, Awards and Presentation. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. VOICE VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY APPROVAL OF MINUTES None. CITIZENS' COMMENTS Chelsea Schleifer spoke regarding the excellent services being offered at the hospital and hoped the Assembly would approve continuance of the lease. Stephan Taufen commented on Resolution No. FY2017-34 and the good benefits from the sales tax discount. Stephanie Mason, Threshold Services Director, gave a third quarter update regarding the activities of Threshold. Cheryl Boehland complimented the Staff's efforts on the Civic Web Portal noting it increased transparency and it provided an excellent opportunity for the public to access information. She commented on the budget and voiced concerns regarding the tight budgets on different levels of government. She would like to see a list of the essential services with significant reductions related to the budget. Kodiak Island Borough Assembly Regular Meeting Minutes April 6, 2017 Page 1 of 6 Darius Kasprezak spoke in support of Resolution No. FY2017-34. Rebecca Shields, Kodiak Womens Resource and Crisis Center (KWRCC) Director, supported the idea of entering into a contract with the Borough relating to the Cente{'s funding. Betty McTavish spoke and gave an update on SB15 and SB63. She also supported Resolution No. FY2017-34. Ginny Shank thanked the Planning and Zoning Commission and the Assembly for listening to the citizens regarding Accessory Dwelling Units (ADUs). Maria Painter noted that ADUs should be approved as permitted uses as opposed to conditional uses. Judi Kidder felt that the chicken ordinance survey should have been posted online as opposed to paper surveys. She was disappointed to see that the land sale was going to be held by outcry auctions. Mel Stephens spoke to the budget and suggesting the increase on the mill rate should be disregarded. He wanted to see the Assembly start the budget same level as last year. Robert Bowev handed out information to the Assembly regarding the impacts of sonar to wildlife. He spoke in support of Resolution No. FY2017-34. Scott Arndt agreed with Mr. Stephens and Ms. Boehland's comments regarding the budget. He also noted that the Assembly should deal with the mid -year budget amendment before discussing next fiscal year's budget. AWARDS AND PRESENTATIONS Assembly member Van Deale proclaimed the month of April 2017 as month of the military child and encouraged all Kodiak residents to show appreciation, support, and understanding to the military children in our community. Assembly member Smiley proclaimed the week of April 24 through April 28, 2017 as the week of the young childTM in Kodiak, Alaska and encouraged all citizens to work to make a good investment in early childhood in Kodiak, Alaska. Assembly member Skinner proclaimed the month of April 2017 as child abuse prevention month and called upon all citizens to increase their participation in our efforts to prevent child abuse, thereby strengthening the communities in which we live. Assembly member Townsend proclaimed the month of April 2017 as sexual assault awareness month and encouraged all residents to support local activities and programs, which assist victims, and to learn more about the pervasiveness to sexual assault in Alaska so we may eliminate this heinous crime. Elaine Spraker from Senator Dan Sullivan's Office gave an update to the Assembly. Ms. Spraker's Office was based in Kenai and urged the Assembly to contact her in the future. Kodiak Island Borough Assembly Regular Meeting Minutes April 6, 2017 Page 2 of 8 COMMITTEE REPORTS Assembly member Skinner gave an update on the Parks and Recreation Committee meeting she attended. She noted that the Committee would be reviewing the comprehensive trail plan on April 11. Assembly member Townsend reported on the Architectural/Engineering Review Board (ARB) meeting that was held Monday, April 3. He noted their discussion on the Main Elementary School's walkway and also the Baler building roof project. Assembly member Van Daele reported on the Borough Lands Committee (BLC) meeting that was held Wednesday, April 5. He announced the next meeting was scheduled on April 26. He visited the KWRCC and learned about the services they provided. Assembly member Townsend contributed to the BLC update and noted that the Committee was planning to have a walking tour in the Von Scheele area which would give them a better idea on how to move forward with a future subdivision. PUBLIC HEARING 1. Ordinance No. FY2017-28 Enacting A New Kodiak Island Borough Code Section Within Title 5, Marijuana Businesses, 5.02.005, Local Regulatory Authority, To Designate The Borough Assembly As The Local Regulatory Authority For The Kodiak Island Borough, Pursuant To AS 17.38.210. SYMMONS moved to adopt Ordinance No. FY2017-28. The ordinance designated the Kodiak Island Borough Assembly as the local regulatory authority which would permit the Borough to provide input to the State Marijuana Control Board regarding applications for marijuana establishments that, if granted, would be situated within the Borough. Deputy Presiding Officer LeDoux opened the public hearing at 8 p.m. Maria Painter spoke to Marijuana noting that it was still a federal crime. Deputy Presiding Officer LeDoux closed the public hearing at 8:02 p.m. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, and LeDoux. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Monitoring legislation regarding revenues from the Federal and State Governments • Monitoring for a stimulus package predicated on ACA and tax reform • Federal CIP would be presented soon • Working with Juneau lobbyist regarding School District Budget -related issues • Tsunami Shelter in Chiniak • Ongoing Personnel recruitment • Meetings with the University of Alaska regarding the Fish Tech building • Main street walkway and redirecting of those funds at the state level MESSAGES FROM THE BOROUGH MAYOR None. Kodiak Island Borough Assembly Regular Meeting Minutes April 6, 2017 Page 3 of 8 UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Ninety (90) Day Extension Of Lease Agreement For Building Complex Leased To Providence Health & Services -Washington DBA Providence Kodiak Island Counseling Center. VAN DAELE moved to authorize the Manager to execute a written 90 day extension for the building complex leased to Providence Health & Services -Washington dba Providence Kodiak Island Counseling Center. A management team of borough staff were currently negotiating a new lease for the hospital with Providence Health & Services -Washington dba Providence Kodiak Island Counseling Center. In the midst of negotiations, it had been observed that the lease for the counseling center was also coming due for expiration, but it was more than the negotiating teams could deal with at one time. The 90 day extension was intended to get the hospital lease to a successful conclusion before addressing the status of the counseling center building complex. The nature of the two facilities, hospital and counseling center respectively, addressed circumstances that were dissimilar enough that they could not be addressed concurrently with the ongoing negotiation process. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, LeDoux, and Skinner. 2. Ninety (90) Day Extension Of Hospital Lease With Providence Health System - Washington d/b/a Providence Health System In Alaska. SMILEY moved to authorize the Manager to prepare and execute a written extension of KIB Contract FY1997-07B for 90 days, which was a lease of the borough owned hospital facility to Providence Health & Services -Washington (formerly known as Providence Health System - Washington) dba Providence Kodiak Island Medical Center. Under the direction of a subcommittee of the assembly, a management team of borough staff had been negotiating a superseding lease agreement with Providence Health System staff. Negotiations were nearly complete and staff anticipated bringing a recommendation to the assembly very soon. In order to ensure that the assembly and Providence Health And Services Board had adequate time to review the superseding terms of the revised lease, a 90 day extension of the existing lease agreement was necessary. As shown in the attached agreement, KIB Contract No. FY1997-07B, the existing lease would expire on April 20, 2017 unless otherwise extended. In order for the negotiations to be properly concluded and the matter referred to the full assembly, a reasonable extension of time was required. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, LeDoux, Skinner, and Smiley. 3. Contract No. FY2017-18 Auditing Services For The Kodiak Island Borough And The Kodiak Island Borough School District For Fiscal Years 2017-2021. Kodiak Island Borough April 6, 2017 Assembly Regular Meeting Minutes Page 4 of 8 SMILEY moved to authorize the Manager to execute Contract No. FY2017-18 auditing services for the Kodiak Island Borough and the Kodiak Island Borough School District for fiscal years 2017-2021. The Kodiak Island Borough issrled a Request for Proposal (RFP) for the auditing services for the Kodiak Island Borough and the Kodiak Island Borough School District for fiscal years 2017- 2021. RFP submissions were reviewed and evaluated by two Borough and two School District representatives. Per KIBC 3.16.110 Competitive sealed proposals - negotiated procurement. D. Proposals shall be received at the time and place designated in the request for proposals and shall be opened so as to avoid disclosing their contents to competing proponents during the process of negotiation. Proposals and tabulations thereof shall be open to public inspection only after the contract award. Copies of the evaluations were distributed to the Assembly at the March 30, 2017 work session ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, LeDoux, Skinner, Smiley, and Symmons. Van Daele requested a recess at 8:24 p.m. Deputy Presiding Officer LeDoux reconvened the regular meeting at 8:30 p.m. Resolutions 1. Resolution No. FY2017-34 In Support Of Changes To Timing And Location Of The U.S. Department Of Defense "Northern Edge '17" Training Exercise, and Subsequent Operations In The Gulf Of Alaska. Deputy Presiding Officer LeDoux asked Assembly member Van Daele to read the Resolution No. FY2017-34 into the record. SMILEY moved to adopt Resolution No. FY2017-34 Assembly member Van Daele requested Resolution No. FY2017-34 for discussion. The Assembly requested that the resolution be forwarded to the legislature. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, LeDoux, Skinner, Smiley, Symmons, and Townsend. Ordinances for Introduction 1. Ordinance No. FY2017-21 Amending Chapters 17.25 KIBC Definitions, 17.160 KIBC Accessory Buildings, And Related Chapters Of Title 17, Zoning To Include Development Standards For Accessory Dwelling Units And To Specifically List Accessory Dwelling Units As A Permitted Use In Certain Residential Zoning Districts (P&Z Case No. 16- 007). VAN DAELE moved to adopt Ordinance No. FY2017-21 in first reading to advance to public hearing at the next regular meeting of the Assembly. There was a growing need for additional housing options in Kodiak. Accessory dwelling units add variety and housing choice in residential neighborhoods and could be an effective way to add lower cost rental housing stock to existing neighborhoods. ADUs also provided options for Kodiak Island Borough Assembly Regular Meeting Minutes April 6, 2017 Page 5 of 8 residents to age in place or to live with or near family and caregivers, providing a flexible way to address family needs for additional housing. Accordingly, permitting the use of accessory dwelling units in certain residential zoning districts may be one part of a regulatory solution to address the public need. Current KIBC Title 17 Zoning did not include provisions that allowed the development of accessory dwelling units in any zoning district. In an effort to address the issue, the Planning and Zoning Commission performed an extensive review of Title 17 to propose amendments that provided regulatory requirements for accessory dwelling units and that listed them as a permitted use in certain residential zoning districts. Since October 7, 2015, the Planning and Zoning Commission held nine work sessions and five public hearings on the proposed amendments. Following a public hearing held during the September 21, 2016 regular meeting, the Planning and Zoning Commission voted four to one in recommending that the Assembly approve the provided ordinance. The Assembly had discussed the item at work sessions on January 12, 2017, February 9, 2017, March 2, 2017, and March 30, 2017. Based on those discussions, an ordinance -as amended - was being presented in first reading on April 6, 2017. Per Assembly request, the public involvement information had been recompiled and placed near the front of the packet. Documents provided to the Assembly at previous work sessions had also been included. SMILEY moved to postpone to the next regular meeting of the Assembly SKINNER moved to amend the motion to postpone to the June 15 regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Van Daele, LeDoux, Skinner, Smiley, Symmons, and Townsend. 2. Ordinance No. FY2017-27 Amending KIBC Chapters 3, 5, And 17 To Include Regulations For Marijuana Businesses. VAN DAELE moved to Adopt Ordinance No. FY2017-27 in first reading to advance to public hearing at the next regular meeting of the Assembly. In 2014 the State of Alaska's Ballot Measure #2 was approved by state voters. This provided for the legalization of select marijuana -related activities. Since 2014 state and local governments have been working toward developing laws to govern the marijuana industry in Alaska. Through the adoption of Ordinance No. FY2016-17 the Kodiak Island Borough created a new chapter of Borough Code and included a provision that prohibited the operation of marijuana cultivation, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores within the Borough. An amendment to the ordinance (Ordinance No. FY2016- 17A) was recently approved by the Assembly that would extend the date to April 30, 2017. Kodiak Island Borough Assembly Regular Meeting Minutes April 6, 2017 Page 6 of 8 Basis for discussion on Title 17 changes were the result of ten meetings of the Borough's Marijuana Task Force; established by Resolution No. FY2016-31. Currently, the sections of the ordinance relating to Title 17 were under review by the Planning & Zoning Commission. At its February 15, 2017 special meeting, the Commission postponed the item to its March 15, 2017 meeting. At its March 22, 2107 regular meeting, the Commission failed a motion to recommend approval of the Title 17 changes. An affidavit was filed on March 23, 2017 for a request to reconsider. The item would be scheduled for reconsideration at the April 19, 2017 regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, LeDoux, and Smiley. Other Items 1. Waive The Attorney -Client Privileged Legal Opinion Relating To The Initiative Petition Application Concerning Marijuana Businesses. VAN DAELE moved to waive the attorney-client privileged legal opinion relating to the initiative petition application concerning marijuana businesses. Attorney-client privileged legal opinions were not to be released in any form without Assembly authorization. The Assembly, by majority vote, may release the legal opinion relating to the initiative petition application that was received by the Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, LeDoux, and Skinner. CITIZENS' COMMENTS Mel Stephens made comments on the budget's shortfall and that it needed to be fixed first. He urged the Assembly to consider staff cuts and review contracts that take money away from the community. He also suggested cuts to the Attorney's budget and urged the Assembly to move forward with consolidation. Judi Kidder commented on the status of the budget and the cuts that need to be considered. She asked the Assembly to look more into public-private partnerships. She praised the Kodiak Area Native Association for bringing in Artic Care to Kodiak. ASSEMBLY MEMBERS' COMMENTS Assembly member Townsend commented on the value of bringing new information to the table. Assembly member Smiley attended COMFISH and commented how small it was now compared to what it was before. He was impressed with Dan White's approach to the Fish Tech issues. He commented that the North Pacific Fishery Management Council needed to push for research in the Kodiak area. Assembly member Symmons expressed gratitude to staff for their attendance. He stated that there should be a way to find out how the military's activities affect water resources. Assembly member Skinner made comments on data and fish. Research was being cut because of the deficiencies of the budget. She wanted to see the ordinance for the budget adjustment, reevaluate the use of the manager's time on the Fish Tech building issues, and read the Borough's fiscal policy as stated in the code. Kodiak Island Borough Assembly Regular Meeting Minutes April 6, 2017 Page 7 of 8 Assembly member Van Daele commented that he and Assembly member Crow had been drafting a chicken Ordinance. Assembly member LeDoux spoke on the Statewide recession and how the salmon fishermen had disaster season. He expressed his concerns about the budget and advocated that the Assembly develop a vision for the future. He announced that the next Assembly work session would be held on Thursday, April 13 at 6:30 p.m. in the borough conference room and the next Assembly regular meeting was scheduled for Thursday, April 20 at 6:30 p.m. in the borough assembly chambers. The Assembly would hold a joint work session with the City Council on Wednesday, April 19 at 7:30 p.m. at the Kodiak City Public Library multi-purpose room. EXECUTIVE SESSION 1. Strategies In Negotiating The Hospital Lease VAN DAELE moved to convene into executive session to discuss Strategies in Negotiating the Hospital Lease, a subject matter that the immediate public knowledge of which would tend to affect adversely the finances of the Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, LeDoux, Skinner, and Smiley. VAN DAELE moved to invite the Deputy Presiding Officer, Assembly members, Manager, Finance Director, and Clerk's Office Staff into executive session. JN][y*T[ 19x071ILYA[ l Eel 04 [H_1:1:11:19 Lf] ►F_1►II&[011.6 J After the vote, Deputy Presiding Officer LeDoux recessed the regular meeting at 9:59 p.m. and convened the executive session. Upon returning from the executive session, Deputy Presiding Officer LeDoux reconvened the regular meeting at 10:29 p.m. and announced that no action was to be taken as a result of the executive session. ADJOURNMENT SMILEY moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 10:30 p.m. Kodiak Island Borough April 6, 2017 KODIAK SLAND BOROUGH Daniel Rohrer Mayor Approved on: May 4, 2017 Assembly Regular Meeting Minutes Page 8 of 8