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01/05/2012 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting January 5, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, January 5, 2012, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Jerrol Friend, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Finance Director Karl Short, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of December 1, 2011, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented the Student of the Month Awards for the month of January to Raissa Boskofsky, a junior at Port Lions School and Roy Naughton, a senior at Karluk School. Administrative Official Cassidy presented a Certificate of Achievement for Excellence in Financial Reporting and an Award for Outstanding Achievement in Popular Annual Financial Reporting to Finance Director Karl Short. CITIZENS' COMMENTS Patrick Saltonstall and Mike Sirofchuck spoke in support of Ordinance No. FY2012 -15, the Kodiak Road System Trails Master Plan, and the consulting firm Alta. COMMITTEE REPORTS Assembly member Kaplan reported that the Kodiak Island Borough and City of Kodiak Fisheries subcommittee met with Fisheries Consultant Denby Lloyd on Thursday, January 5, 2012. Kodiak Island Borough Assembly Minutes January 5, 2012 Page 1007 PUBLIC HEARING 1. Ordinance No. FY2012 -14 Rezoning a Parcel of Land at the Intersection of Rezanof Drive and Otmeloi Way From RR1 -Rural Residential One Zoning District To B- Business Zoning District (P &Z Case 12 -014). FRIEND moved to adopt Ordinance No. FY2012 -14. A petition for the rezone of a single lot came as a request before the Planning and Zoning Commission. Public hearing notices were sent to neighbors as well as utility companies and agencies. The request was affirmed with the Commission recommending that the Borough Assembly approve the rezone request. Thirty public hearing notices were mailed on Friday, December 23, 2011. Responses received were made available. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Friend, Kaplan, Lynch, Stephens, and Stutes. BOROUGH MANAGER'S REPORT Administrative Official Cassidy reported that he was in attendance at the regular meeting due to Manager Gifford's illness and had nothing to report. • MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported that the Coastal Management Program Initiative received all the signatures required for the Kodiak area. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2012 -15 Supporting the Alaska Coastal Management Program Initiative. AUSTERMAN moved to adopt Resolution No. FY2012 -15. After working for over 30 years, Alaska's previous coastal management program expired in the summer of 2011 when the legislature failed to agree to extend the program. Kodiak Island Borough Assembly Minutes January 5, 2012 Page 1008 Resolution No. FY2012 -15 offered local government support to the Alaska Coastal Management Program Initiative that was being promoted by the Alaska Sea Party. On December 6, 2011, Lieutenant Governor Mead Treadwell certified the application to begin collecting signatures for a statewide ballot initiative to restore Alaska's coastal management program. The goal was to gather the necessary signatures (26,000) by the start of the legislative session on January 17, 2012, to encourage legislators to pass a substantially similar law. If the legislature failed to act, the initiative would appear on next year's statewide election ballot. The initiative established a 13- member Alaska Coastal Policy Board to oversee development of the new program. The program's aims included balancing competing demands on coastal resources and uses, providing Alaskans with a strong voice in state and federal coastal activities, and establishing a coordinated permit review process. Additionally, the petition drive needed financial support in order to get to all of the districts to gather signatures. The packet also included Ordinance No. FY2012 -01B which appropriated funding for this purpose and upon adoption, would allow the Borough Manager to issue a check in the amount of $1,000 to the Alaska Sea Party. Assembly member Stephens spoke against supporting the Resolution. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Bonney, Friend, Kaplan, Lynch, Stutes, and Austerman (Ayes); Stephens (No). 2. Resolution No. FY2012 -16 Adopting a 2012 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. KAPLAN moved to adopt Resolution No. FY2012 -16. As a regional government, the Kodiak Island Borough represented the communities of the Kodiak Island Archipelago. These communities included the City of Kodiak, City of Akhiok, City of Larsen Bay, City of Old Harbor, City of Ouzinkie, City of Port Lions, and the community of Karluk. In these communities there were improvements and infrastructure that included docks, airports, community utilities, and facilities. Project needs were identified and prioritized by each community and forwarded to the Kodiak Island Borough by resolution for inclusion into the 2012 State Legislative Capital Improvement Projects Priority List to be sent to the governor and state legislative delegation. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Friend, Kaplan, Lynch, Stutes, Austerman, and Bonney (Ayes); Stephens (No). 3. Resolution No. FY2012 -17 Adopting a Federal Capital Improvement Program and Identifying Federal Program Priorities for Federal Fiscal Year 2013. AUSTERMAN moved to adopt Resolution No. FY2012 -17. Kodiak Island Borough Assembly Minutes January 5, 2012 Page 1009 This resolution designated the Borough's top three federal legislative capital improvement project priorities for federal fiscal year 2013. These were projects that the Borough forwarded to the congressional delegation in hopes of having the federal government provide part or all of the funding needed to complete these projects. This resolution also identified federal program priorities for federal fiscal year 2013. Assembly member Stephens spoke against the merits of the bike path included in the Project Priority List and would not support Ordinance No. FY2012 -17. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Kaplan, Lynch, Stutes, Austerman, and Bonney (Ayes); Stephens (No). Ordinances for Introduction 1. Ordinance No. FY2012 -15 Amending the Kodiak Island Borough Code of Ordinances Title 17 Zoning Section 17.10.030 Comprehensive Plan to Incorporate the Kodiak Road System Trails Master Plan (P &Z Case 12 -015). STUTES moved to adopt Ordinance No. FY2012 -15 in first reading to advance to public hearing at the next regular meeting of the Assembly. This action codified the Trails Road System Master Plan as one of the adopted policy documents of the Borough. The goal of the master plan was to identify existing and potential trail corridors that led to recreational lands. The plan identified the need to protect and maintain existing trails and construct new trails that could be utilized by a wide array of users, by various means of motorized and non - motorized travel. Development of this plan was listed in numerous Assembly Strategic Plans. Public hearings occurred before the Parks and Recreation Committee and the Planning and Zoning Commission who recommended approval of the plan. Assembly member Lynch thanked the Trails Plan Committee and spoke in support of the Trails Plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, Bonney, Friend, and Kaplan. 2. Ordinance No. FY2012 -01 B Amending Ordinance No. FY2012 -01 to Appropriate Funds in Support of the Alaska Coastal Management Program Initiative. AUSTERMAN moved to adopt Ordinance No. FY2012 -01B in first reading to advance to public hearing at the next regular meeting of the Assembly. Resolution No. FY2012 -15 showed support to the Alaska Coastal Management Program Initiative promoted by the Alaska Sea Party; and the petition drive needed financial support in order to get to all of the districts to gather signatures. According to AS 15.13.145, "money held by a municipality may be used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a municipal ordinance." Kodiak Island Borough Assembly Minutes January 5, 2012 Page 1010 Upon adoption of this Ordinance, the Manager was authorized to issue a check in the amount of $1,000 to the Alaska Sea Party. I Assembly member Stephens was not in support of Ordinance No. FY2012 -01 B and spoke against public money going to a private group in pursuit of a political objective. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Stutes, Austerman, Bonney, Friend, Kaplan, and Lynch (Ayes); Stephens (No). Other Items 1. Confirmation of the Assembly Appointment to the Monashka Bay Road Service Area Board. LYNCH moved to confirm the Assembly appointment of Mr. Charles Glagolich to the Monashka Bay Road Service Area Board for a term to expire October 2014. There were currently three of the five seats on the Monashka Bay Road Service Area Board (MBSA) vacant. On December 18, 2011, an application was received from Mr. Charles Glagolich for the vacant seat term to expire 2014. MBSA Chairperson Darlene Turner was contacted and provided Mr. Glagolich's application and it was her recommendation to forward the application to the Assembly for appointment to the board, thus fulfilling the requirements of KIBC 4.15.040. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Bonney, Friend, Kaplan, Lynch, and Stephens. I EXECUTIVE SESSION 1. Matters Involving Negotiations with IBEW, a Labor Organization Representing Non - Exempt Borough Employees. FRIEND moved to convene into executive session to discuss matters involving negotiations with the IBEW which qualifies for executive session per KIBC 2.30.030(E.d), under matters involving negotiations with labor organizations representing Borough employees. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Friend, Kaplan, Lynch, Stephens, and Stutes. Mayor Selby invited the Borough Assembly, Manager, and Clerk's Office Staff into executive session. After the vote, Mayor Selby recessed the regular meeting at 8:12 p.m. and convened the executive session. Upon returning from the executive session, Mayor Selby reconvened the regular meeting at "8:30 p.m. and announced that no action would be taken as a result of the executive session. f Kodiak Island Borough Assembly Minutes January 5, 2012 Page 1011 CITIZENS' COMMENTS Todd Hailey, accompanying his son working for a boy scout badge, addressed the distinction between local government and private pursuits. ASSEMBLY MEMBER COMMENTS Assembly member Stephens requested a staff member liaison for the Assembly for the high school project and spoke to Resolution No. FY2011 -30 requesting that the alternative delivery method be reconsidered or abandoned. He also requested that updated financial information be posted on the website. Assembly member Stutes reported that there would be a KIB Zoning Code Revision Meeting on January 10 and spoke in support of the resolution and ordinance in support of the Coastal Management Program initiative. Assembly members Friend, Kaplan, Lynch, and Austerman congratulated Finance Director Karl Short and his staff for the accounting awards, and the students of the month award recipients. Assembly member Kaplan thanked Mr. Hailey for attending the Assembly meeting. Assembly member Austerman thanked the Trails Plan Committee for its participation and hard work. Announcements The next Assembly work session would be held on Thursday, January 12 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, January 19 at 7:30 p.m. in the Borough Assembly Chambers. The Borough Assembly would meet on Saturday, January 14 at 9 a.m. in the Borough Conference Room to discuss the KIB Strategic Plan. The Borough offices would be closed Monday, January 16 in observation of Martin Luther King Day. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Kaplan, Lynch, Stephens, Stutes, and Austerman. The meeting was adjourned at 8:40 p.m. KODIAK ISLAND BOROUGH ATTE : - J-Tme M. Selb • - AVX Nova M. Javier, MMC, Borough Clerk Approved: February 2, 2012 Kodiak Island Borou Assembly Minutes January 5, 2012 Page 1012