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01/18/2018 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting January 18, 2018 A regular meeting of the Kodiak Island Borough Assembly was held on January 18, 2018, 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 Sergeant Major Dave Blacketer of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Julie Kavanaugh, Andrew Schroeder, Rebecca Skinner, Scott Smiley, Dennis Symmons, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Laurie Pardoe. SCHROEDER moved to excuse Assembly member Van Daele who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA SKINNER moved to approve the agenda. SKINNER moved to amend the agenda by removing the executive session item regarding Kodiak High School Claims: Watterson Construction VS. Kodiak Island Borough. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES — None. CITIZENS' COMMENTS Borough Clerk read into the record a letter from Pat Holmes relating to the issue of conflict of interests. Larry Van Daele, John Whiddon, Jonathan Strong, Jeff Stewart, Paddy O'Donnell. and Arthur Schultz spoke regarding conflict of interest issues. AWARDS AND PRESENTATIONS Manager Powers presented the Employee of the Quarter award for the fourth quarter of 2017 to Carl Royal, Lead Operator at the Leachate Treatment Plant. Kodiak Island Borough Assembly Regular Meeting Minutes January 18, 2018 Page 1 of 8 Manager Powers presented a 15 -Year Longevity Award to Kirsten Galliher, Appraiser Technician in the Assessing Department. Mayor Rohrer proclaimed the month of January 2018 as National Stalking Awareness Month 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. COMMITTEE REPORTS Assembly member Smiley noted that the Fisheries Work Group met on January 10. He gave a detailed update to the Assembly. PUBLIC HEARING — None. BOROUGH MANAGER'S REPORT Manager Powers briefly reported on the following: • Kodiak Regional Rural Leadership forum begins on Wednesday. • Borough Staff started working on their Departmental budgets • IT staff dealing with update issues regarding MS Windows 10 MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer announced the following: • Emergency Services Council met and will continue meeting within the next month. • Announced the current vacancies on the Planning and Zoning Commission and encouraged public members to apply. UNFINISHED BUSINESS Confirmation Of Mayoral Appointment To The Parks And Recreation Committee (Mr. Shane Ali'i Thompson). The motion was already on the floor, which was to "Move to confirm the mayoral appointment of Shane Ali'i Thompson to the Parks and Recreation Committee for a term to expire December 2020." There was one vacant seat on the Parks and Recreation Committee for a term to expire December 2020. This seat was previously held by Mr. Dale Stratton and he noted that he would not be reapplying for another term. Mr. Thompson was the only applicant and he submitted his application on December 8, 2017. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Crow, Kavanaugh, Schroeder, Skinner, Smiley, and Symmons. NEW BUSINESS Kodiak Island Borough Assembly Regular Meeting Minutes January 18, 2018 Page 2 of 8 Contracts Contract No. FY2018-08 A Lease Between The Kodiak Island Borough And The Natural Resources Conservation Service, A Federal Agency. SMILEY moved to authorize the manager to execute Contract No. FY2018-08 a lease between the Kodiak Island Borough and the Natural Resources Conservation Service, a Federal Agency. The Kodiak Island Borough owns and manages the Kodiak Fisheries Research Center building, a 20 million facility located on Near Island. Historically, the Kodiak Island Borough has leased office space, lab space, and meeting space to various Municipal, State, Federal, and University entities. Most recently KIB has leased this 662 square feet of office space to the Kodiak Island Borough School District, a lease which was terminated early at the request of the KIBSD. Since April 2017, the Resource Management Office has been working with the General Services Administration Leasing Division to lease vacant office space to the Natural Resources Conservation Service, an agency of the Federal Government. The proposed lease between KIB and the NRCS includes similar terms and rates as those applied to the Contract FY2016-54, the 20 year NOAA lease in the KRFC building. The Planning and Zoning Commission reviewed the concept of long-term disposal by lease of office space in the KFRC during the review for 2016-54, and opines that the spirit of the review process for disposal by lease has been given due process and a formal Planning and Zoning Commission review for disposal by lease under KIB Code Section 18.20.30 has already been functionally completed. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Kavanaugh, Schroeder, Skinner, Smiley, and Crow (Ayes); Symmons (Noes) Resolutions Resolution No. FY2018-19 Adding Kodiak Island Borough Road Rights of Way To Sun'aq Tribe Of Kodiak's Tribal Transportation Program. SKINNER moved to approve Resolution No. FY2018-19. The Sun'aq Tribe of Kodiak (Sun'aq) is a federally recognized Alaska Native tribe within the City of Kodiak, and serves 1,738 tribal members on the Kodiak Road System. As such, Sun'aq Tribe is eligible for Bureau of Indian Affairs Tribal Transportation Program funding, which is a reserve of federal funding allocated to eligible tribal entities for improvement of transportation corridors within their tribal communities. Tribal transportation routes may include roads, paths, or any infrastructure in support of general transportation routes or development of tribal assets. The BIA has set forth a number of requirements for tribes to comply with in order to access this reserve of funding, including the development of a long-term tribal transportation plan, as well as an inventory of roads comprising a long-range tribal transportation plan. If the tribal entity does not own the roads/rights of way in fee, they must acquire permission from the land owner to add rights of way to their tribal transportation route inventories. The purpose of this resolution is to demonstrate the Kodiak Island Borough's general support for the Sun'aq Tribe of Kodiak's Long Range Transportation goals, and indicate non -objection to Kodiak Island Borough Assembly Regular Meeting Minutes January 18, 2018 Page 3 of 8 the addition of several Kodiak Island Borough Rights of Way to the route inventory. Inclusion on the Tribal Transportation Route Inventory does not alter the Kodiak Island Borough's ownership nor management rights and responsibilities of the routes, nor does it obligate KIB to incur additional maintenance obligations without mutual consent via a Maintenance Agreement or other Memorandum of Agreement. The following KIB routes are already part of the Sun'aq Tribe of Kodiak's Tribal Transportation Route Inventory: Spruce Cape Road, Harry Neilsen Avenue, Eli Waseli Circle, Sut Larsen Way, Lilly Drive, Antone Way. The following KIB routes are requested to be added via memorandum from the Manager's office: Bike/Pedestrian Path, Selief Lane, Eider Street, Sunset Drive, Woodland Drive, Seabreeze Circle, Puffin Drive, Sharatin Road, Carroll Way, Katmai Drive, Perenosa Trails, Island Lake Creek Trail. The addition of KIB rights of way to the Tribal Transportation Inventory must be finalized by March 15, 2018 in order for Sun'aq to be eligible for the fiscal year's funding. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Smiley, Symmons, Crow, and Kavanaugh. Ordinances for Introduction Ordinance No. FY2018-13 Amending Various Chapters Of KIBC Title 17 (Zoning) To Clarify Setback Requirements In Various Zoning Districts (P&Z Case No. 18-009). SKINNER moved to advance Ordinance No. FY 2018-13 to public hearing at the next regular meeting of the Assembly. Title 17 of the Borough Code has not been comprehensively updated since the early 1980s. Since then, changes to Title 17 have been piecemeal. This piecemeal approach has resulted in the use of inconsistent language to describe requirements such as yard setbacks. Several zoning districts also have unclear language regarding setbacks. The goal of this proposed ordinance is to make the language for setbacks consistent and easy to understand. This ordinance does not change setback requirements within any zoning district. The Planning and Zoning Commission passed this ordinance 4-0 at its November 29, 2017 Regular Meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Crow, Kavanaugh, and Schroeder. 2. Ordinance No. FY2018-14 Amending KIBC 17.15 (General Provision And Use Regulations), KIBC 17.195 (Variances), KIBC 17.200 (Conditional Use Permits), And KIBC 17.205 (Amendments And Changes) To Make Certain Administrative Land Use Processes Consistent (P&Z Case No. 18-008). CROW moved to advance Ordinance No. FY2018-14 to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Assembly Regular Meeting Minutes January 18, 2018 Page 4 of 8 Title 17 of the Borough Code has not been comprehensively updated since the early 1980s. Since then, changes to Title 17 have been piecemeal. This piecemeal approach has resulted in the use of inconsistent language and processes relating to the administration of land use actions. Chapters 17.195 (Variances), 17.200 (Conditional Use Permits), and 17.205 (Amendments and Changes) have inconsistent requirements for hearing notifications, timeframes for decision-making by the Planning & Zoning Commission, appeal periods, who may appeal, effective dates, and cancellation dates, and uses inconsistent methods of measure for periods of time in which certain actions should be taken (days, calendar days, consecutive days, working days, etc.). Additionally, several processes have become departmental practice over the years, but code has not been amended to reflect this. For example, KIBC 17.195.040 states that `The community development department shall send to each property owner within a minimum distance of 300 feet of the exterior boundary... notice of the time and place of the public hearing..." However, departmental staff has consistently used a 500 foot minimum for a number of years. It is the intent of the Community Development Department to make the appropriate amendments to Chapters 17.195 (Variances), 17.200 (Conditional Use Permits), and 17.205 (Amendments and Changes) and then put forward an ordinance for consideration making similar modifications to Chapters 17.215 (Review of Planning and Zoning Commission Decision), 17.220 (Appeals to the Planning and Zoning Commission), and 17.225 (Appeals to the Board of Adjustment). It is the hope of CDD staff that, once completed, these changes will provide clearer, more concise processes for administering land use within the Borough. Minor changes to KIBC 17.15 General Provisions and Use Regulations are being made only to provide consistency. The Planning and Zoning Commission voted 4-0 to approve this ordinance at its November 29, 2017 Regular Meeting. CROW moved to amend appeals on lines 203, 306, 388 from 10 to 90 days CROW moved to amend his amendment to 30 days. The motion died due to a lack of second. CROW moved to amend his amendment to change 90 days to 20 days. ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT CARRIED UNANIMOUSLY: Symmons, Crow, Kavanaugh, Schroeder, Skinner, and Smiley. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Smiley, Symmons, and Crow. CROW moved to delete lines 279 to 281. ROLL CALL VOTE ON MOTION TO AMEND FAILED TWO TO FOUR: Crow and Symmons (Ayes); Kavanaugh, Schroeder, Skinner, and Smiley (Noes) ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Schroeder, Skinner, Smiley, Symmons, Crow, and Kavanaugh. 3. Ordinance No. FY2018-16 Amending Title 2 Administration And Personnel, Chapter Kodiak Island Borough Assembly Regular Meeting Minutes January 18, 2018 Page 5 of 8 35 Conflict Of Interest, Section 020 Definitions To Establish A Clear Definition Of Substantial Financial Interest In The Borough Code CROW moved to advance Ordinance No. FY2018-16 to public hearing at the next regular meeting of the Assembly. This ordinance was introduced by Assembly member Skinner. Existing Borough code does not define "substantial financial interest," and there are no KIB polices or guidelines explaining how to determine whether a financial interest is substantial, which could lead to inconsistent application of KIBC conflict of interest provisions. This proposed code amendment creates a bright -line conflict of interest test that is consistent with past interpretation and application of the Borough Code, conforms with the fairness doctrine, and is in line with "substantial financial interest" definitions used by other municipalities and the State of Alaska4. This code amendment will address most conflict situations the Assembly is likely to encounter, significantly reducing the number of times the Assembly will need to undertake fact -sensitive inquiries and formal action in regards to conflict of interest. Instances of conflict of interest not covered by this amendment would continue to be evaluated on the specific facts of each instance and with consideration of any applicable legal standard. CROW moved to convene into executive session to discuss Ordinance No. FY2018-16 Amending Title 2 Administration And Personnel, Chapter 35 Conflict Of Interest, Section 020 Definitions To Establish A Clear Definition Of Substantial Financial Interest In The Borough Code a matter which qualifies for executive session for the immediate public knowledge of which would thereof would tend to affect adversely the finances of the Borough and it qualifies also as a potential litigation that the borough may become a party. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Skinner, Symmons, Crow, Kavanaugh, and Schroeder (Ayes); Smiley (No) CROW moved to invite the Borough Mayor, Assembly members, Manager, Borough Attorney, E/F Director, and Clerk's Office Staff into executive session. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY: Mayor Rohrer recessed the regular meeting and convened the executive session. Upon returning from the executive session, Mayor Rohrer announced that no action was taken as a result of the executive session. SKINNER moved to amend the motion to move the public hearing to the February 15 regular meeting. VOICE VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Crow, Kavanaugh, and Schroeder. Instruction was given to staff to provide examples of conflict of interest policies from other municipalities. Assembly members Crow and Symmons requested an attorney's opinion relating to conflicts of interest determination and conflicts management strategies. Kodiak Island Borough Assembly Regular Meeting Minutes January 18, 2018 Page 6 of 8 Other Items 1. Waive The Confidentiality Of The Attorney -Client Privileged Legal Opinion Relating To Ordinance No. FY2018-16 Which Establishes A Clerk Definition Of Substantial Financial Interest In The Borough Code. SKINNER moved to waive the confidentiality of the attorney-client privileged legal opinion relating to Ordinance No. FY2018-16. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Symmons, Crow, Kavanaugh, Schroeder, Skinner, and Smiley. 2. Approval Of A Letter To Governor Bill Walker Regarding The Appointment Of A Kodiak Island Borough Resident To Fill The Impending Vacancy On The Board Of Fish. SKINNER moved to approve a letter to Governor Bill Walker regarding the appointment of a Kodiak Island Borough resident to fill the impending vacancy on the Board of Fish. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Crow, Kavanaugh, Schroeder, Skinner, Smiley, and Symmons. CITIZENS' COMMENTS Larry Van Daele, Judi Kidder. and Jeff Stewart commented regarding the conflict of interest issues and discussion. ASSEMBLY MEMBERS' COMMENTS Assembly member Crow was troubled by how complicated everything was becoming. He stated that he got on the Assembly to push back against regulations but found it was difficult to. Assembly member Smiley noticed that days are getting longer, the moon was spectacular and there are good things on planet earth. Assembly member Symmons thanked the public members for attending the meeting. Assembly member Schroeder thanked public members for their input. He recognized Mayor Rohrer and Assembly member Skinner for their work on putting together the agendas for Assembly meetings. Assembly member Kavanaugh reminded everyone about the rural forum the following week, the strategic planning meeting is open to the public. She felt humbled at the opportunity of representing the people on the Assembly. Kodiak Island Borough Assembly Regular Meeting Minutes January 18, 2018 Page 7 of 8 Announcements Mayor Rohrer announced that the Assembly would hold a Strategic Planning meeting on Sunday, January 21, 2018 at 9 a.m. in the Borough Assembly Chambers. The next Assembly work session was scheduled on Thursday, January 25, 2018 at 6:30 p.m. in the School District Conference Room. The next regular meeting was scheduled on Thursday, February 1, 2018 at 6:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT SCHROEDER moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY: The meeting was adjourned at 9: 58 p.m. ATTEST: /A — Nova M. Javier, MMC, Bor gh Clerk Kodiak Island Borough January 18, 2018 KODIAK I AND BOROUGH Daniel A. Rohrer, Mayor Approved on: March 22, 2018 Assembly Regular Meeting Minutes Page 8 of 8