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08/16/2018 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting August 16, 2018 A regular meeting of the Kodiak Island Borough Assembly was held on August 16, 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 Major David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Julie Kavanaugh, Rebecca Skinner, Scott Smiley, Dennis Symmons, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Karen Siador. VAN DAELE moved to excuse Assembly member Schroeder who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA VAN DAELE moved to approve the agenda and the consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. *APPROVAL OF MINUTES *Special Meeting Minutes of July 12, 2018 and Regular Meeting Minutes Of July 19, 2018 were approved under consent agenda. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) Stacy Studebaker, Mike Sirofchuk, Shirley Heitman, Mary Forbes. and Jeff Stewart voiced out their opinions and concerns about the Alaska Aerospace Corporation. Howard Rue, Bayside Fire Chief gave updates about Bayside Fire Department. AWARDS AND PRESENTATIONS Postponed FY2018 Budget -To -Actual Year End Review to the next regular meeting of the Assembly. COMMITTEE REPORTS Assembly member Van Daele gave updates about the recent Borough Lands Committee meeting. Assembly member Smiley gave updates about the Kodiak Fisheries Work Group meeting. PUBLIC HEARING None. Kodiak Island Borough Assembly Regular Meeting Minutes August 16, 2018 Page 1 of 5 BOROUGH MANAGER'S REPORT • Discussed various budget and accounting issues with Finance and E&F. • Attended Agenda Setting • Met with Finance Director covering a variety of issues. • Worked with Attorney regarding Tenant Improvements and Repairs and conformance with State Law (prevailing wage and purchasing). • Met with KISA representative regarding the Salonie Creek range. • Met with E&F regarding various projects and issues. • Organizing and updating files in the Manager's Office. MESSAGES FROM THE BOROUGH MAYOR Updates about the Borough Lands Committee meeting last August 15, 2018. House Transportation Committee updates. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2019-07 To Amend Kodiak Island Borough Code Of Ordinances Title 3, Revenue And Finance, Chapter 3.10 Public Finance - Management And Accounting, By Repealing Section 3.10.140 Fern Fuller Fund. VAN DAELE moved to advance Ordinance No. FY2019-07 to public hearing at the next regular meeting of the Assembly. This ordinance will remove code related to the Fern Fuller Fund. The Fern B. Fuller Charitable Remainder Unitrust was created in 1991 and in FY1999, the borough was given the responsibility to administer the remaining revenues and disbursements of the trust. To carry out this responsibility, a separate fund named the Fern Fuller Fund was created. During FY2017, the last of the funds were disbursed and since there is no other purpose for the fund, this ordinance section will be removed from the code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Kavanaugh, Skinner, Smiley, Symmons, and Van Daele. 2. Ordinance No. FY2019-08 Placing A Temporary Moratorium On The Enforcement Of Existing Violations Of Title 17 (Zoning) Of The Borough Code For All Properties Located Within The Corporate Limits Of The City Of Larsen Bay. Kodiak Island Borough Assembly Regular Meeting Minutes August 16, 2018 VAN DAELE moved to advance Ordinance No. FY2019-08 to public hearing at the next regular meeting of the Assembly. At the August 9, 2018 Work Session, the Assembly discussed the need for temporary moratoriums on the acceptance and processing of certain land use applications and for the enforcement of existing violations of KIBC Title 17 (Zoning) for all properties within the corporate limits of the City of Larsen Bay. That discussion stemmed from recent denials of rezone requests by certain Larsen Bay property owners who were attempting to bring their longstanding nonconforming commercial lodge operations into compliance with Borough Code. Those rezone requests prompted a planning effort to update the City of Larsen Bay Annex to the Comprehensive Plan. That update is scheduled to go to public hearing before the Planning and Zoning Commission at their August 15, 2018 Regular Meeting. It is likely that the Commission will hold additional public hearings on the update to ensure adequate opportunity for public input. Consequently, it appears as if it will be two or more months before the plan will be presented to the Assembly for adoption. In the interim, staff was directed to draft the respective moratorium ordinances. Accordingly, Ordinance No. FY2019-08 placing a temporary moratorium on the enforcement of existing violations of Title 17 (Zoning in Larsen Bay is presented for Assembly consideration. Corresponding Ordinance No. FY2018-09 placing a temporary moratorium on the acceptance and processing of certain land use applications for Larsen Bay is presented as next agenda item. *Staff note: The backup materials attached to this agenda item also apply to corresponding ordinance No. FY2019-09. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Skinner, Smiley, Symmons, Van Daele, and Crow 3. Ordinance No. FY2019-09 Placing A Temporary Moratorium On The Acceptance And Processing Of Certain KIBC Title 17 (Zoning) Land Use Applications For Properties Located Within The Corporate Limits Of The City Of Larsen Bay. VAN DAELE moved to advance Ordinance No. FY2019-09 to public hearing at the next regular meeting of the Assembly. This ordinance corresponds with the previously presented Larsen Bay enforcement moratorium ordinance (Ordinance No. FY 2019-08). Accordingly, Ordinance No. FY2019-09 placing a temporary moratorium on the acceptance and processing of certain land use applications for Larsen Bay is presented for Assembly consideration. *Staff note: The backup materials for corresponding Ordinance No. FY2019-08 also apply to this ordinance. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Van Daele, Crow, and Kavanaugh. Other Items None. Kodiak Island Borough Assembly Regular Meeting Minutes August 16, 2018 CITIZENS' COMMENTS Jeff Stewart inquired about the availability of the 2018 Municipal Election candidate list. ASSEMBLY MEMBERS' COMMENTS Assembly member Crow spoke about the 2018 Municipal Election candidates. Assembly member Skinner spoke about the House Transportation Committee meeting. Assembly member Kavanaugh spoke about community events. Encouraged the public to run as a write in candidate for the upcoming local election. Assembly member Summons spoke about the upcoming local election. Assembly member Van Daele commented regarding the ferry system. Assembly member Smiley shared a fishing story and commented about fishing here in Kodiak. Announcements The next Assembly work session is scheduled on Thursday, August 30, 2018 at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, September O6, 2018 at 6:30 p.m. in the Borough Assembly Chambers. The Notice of Public Meetings and assembly meeting agendas are available on the KIB website, posted on the KIB Facebook page, and are also posted at the library, Safeway, and Borough building. For those who do not have internet, you may call the Borough meeting notification line at 486-9315. The Primary Absentee -In -Person voting is ongoing in the Clerk's office from 9 a.m. to 4 p.m until August 20. Primary election will be on August 21, 2018. Polls will be open from 7 a.m. to 8 p.m. EXECUTIVE SESSION Discuss Litigation Tactics and Strategies with the Borough Attorney Concerning the Al Timber Litigation Against the Kodiak Island Borough. VAN DAELE moved to convene into executive session to discuss litigation tactics and strategies with the Borough Attorney concerning the Al Timber litigation against the Kodiak Island Borough. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Van Daele, Crow, Kavanaugh, and Skinner. VAN DAELE moved to invite the Borough Mayor, Assembly, Borough Attorney, Borough Manager 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 at 7:49 p.m. Kodiak Island Borough Assembly Regular Meeting Minutes August 16, 2018 Upon returning from the executive session at 8:37 p.m., Mayor Rohrer reconvened the regular meeting and announced that no action would be taken as result of the executive session, but direction was given to the Borough Attorney on how to proceed. 2. Receive Privileged Legal Advice From the Borough Attorney Regarding Legal Strategies for Compelling Alaska Aerospace Corporation to Comply with Borough Land Use Ordinances with Respect to its Development of the Pacific Spaceport Complex - Alaska. VAN DAELE moved to convene into executive session to receive privileged legal advice from the Borough Attorney regarding legal strategies for compelling Alaska Aerospace Corporation to comply with Borough land use ordinances with respect to its development of the Pacific Spaceport Complex - Alaska. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Symmons, Van Daele, Crow, Kavanaugh, Skinner, and Smiley. VAN DAELE moved to invite the Borough Mayor, Assembly, Borough Attorney, Borough Manager, Acting CDD 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 at 8:38 p.m. Upon returning from the executive session at 9:52 p.m., Mayor Rohrer reconvened the regular meeting and announced that direction was given to work with Alaska Aerospace to resolve the issues. ADJOURNMENT SMILEY moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 9:53 p.m. KODIA ISLAND BOROUGH Daniel A. Rohrer, Mayor Approved on: October 18, 2018 Kodiak Island Borough Assembly Regular Meeting Minutes August 16, 2018