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2020-01-16 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting January 16, 2020 A regular meeting of the Kodiak Island Borough Assembly was held on January 16, 2020 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 Roberts led the Pledge of Allegiance. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Duane Dvorak, Julie Kavanaugh, Andy Schroeder, Rebecca Skinner, Dennis Symmons and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Welinsky, and Borough Deputy Clerk Alise Rice. APPROVAL OF AGENDA AND CONSENT AGENDA SCHROEDER moved to amend the agenda and consent agenda by moving Public Comment Letter Regarding Humpback Whale Critical Habitat Designation to Other Items for discussion. KAVANAUGH moved to approve the agenda and consent agenda as amended. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, and Turner. APPROVAL OF MINUTES Regular Meeting Minutes Of December 19, 2019 were approved under consent agenda. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) The following spoke under citizen's comments: • Paul VanDyke • Jonathon Strong AWARDS AND PRESENTATIONS Mayor Roberts declared The Month Of January 2020 As Stalking Awareness Month,. The proclamation was accepted by Kimberly Dolph, Advocate, Womens Resource and Crisis Center. COMMITTEE REPORTS • Assembly member Dvorak spoke on the recent Solid Waste Advisory Board meeting. • Assembly member Kavanaugh spoke on the recent Consolidation Committee meeting. PUBLIC HEARING None. Kodiak Island Borough Assembly Regular Meeting Minutes January 16, 2020 Page 1 of 5 BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Prepared for and conducted union negotiations. • Met with shop steward and business representative to discuss several personnel matters. • Reviewed various issues with Finance for budgets and other operational issues. • Discussed social media with two of the newer employees. • Met with citizens on various topics including bears, garbage removal services and land use. • Reviewed status of consolidation committee work; started reviewing city financial information. • Met with the City to assist on snow storage. MESSAGES FROM THE BOROUGH MAYOR Borough Mayor Roberts reported on the following: • Letter from Old Harbor requesting a letter of support for a Community Center. • Spoke about the Board of Fish meeting. UNFINISHED BUSINESS 1. Ordinance No. FY2020-12 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.25 Borough Assembly And Chapter 2.30 Rules Of The Assembly To Change Declaring And Filling Vacancies And Absences. After the last regular meeting on August 15th, the Clerk's Office was asked to research the current Borough policy on Assembly member attendance. Specifically: • If Assembly members could be "excused" if they missed a meeting for work purposes • If there was anything in the code defining good cause or giving guidance/criteria in regard to when the Assembly should excuse an absence or not • Are there legal opinions on what constitutes a "meeting" for purposes of determining if an Assembly member has missed half of the meetings in a one-year period After reading the KIB code and consulting with the former Borough Clerk and the Borough's lawyer, Scott Brandt -Erichsen, I have come to the following conclusions: there are currently no criteria defining good cause or giving guidance in regard to Assembly member absences. KIB Code 2.25.070 states: No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assembly member who is unable to attend a meeting shall advise the clerk or the mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, the chair shall cause the record to reflect the absence of the member, the reason for the absence, and whether the absence is excused by the assembly. KIB Code 2.25.060(B) states: If a member of the governing body misses one-half of the meetings held in any year of his or her term of office, each year between November 1st and October 31st, the seat shall be automatically vacated. Kodiak Island Borough Assembly Regular Meeting Minutes January 16, 2020 Page 2 of 5 There is a legal opinion from 2007 from attorney Matthew Jamin regarding Assembly Members' absences from meetings which was reinterpreted by our lawyer, Scott Brandt - Erichsen. Note that the audio from a meeting on January 10, 2008 in which this item was discussed is no longer in the borough's possession and only the minutes and packets are available for interpretation. Mr. Brandt -Erichsen predicts that a court would say only regular and special meetings count for the 50% standard of meeting attendance. Also, missed consecutive regular meetings are only those meetings which are held. Meetings which have been cancelled would not be included. According to this interpretation, work session attendance would not apply when considering attendance. Mr. Brandt -Erichsen acknowledges that the existing code is vague as to whether work sessions should be included in tracking Assembly attendance. Regarding the excused versus unexcused issue, Mr. Brandt -Erichsen states that the missed regular held meetings in KIBC 2.25.060(A)(9) includes the modifier of the absence being unexcused. The 50% attendance standard in KIBC 2.25.060(B) contains no such limitation, so whether the absences were excused would not, under the plain meaning, be material to the 50% attendance standard. He agrees that there is no guidance as to what constitutes good cause regarding absences, and states that it remains up to the Assembly discretion on a case by case basis. ARNDT moved to postpone Ordinance No. FY2020-12 (Version 2) indefinitely. 'Clerks Note: This ordinance was introduced on December 19, 2019 regular meeting and postponed to January 16, 2020. The motion on the floor was move to advance Ordinance No. FY2020-12 version 2 to public hearing. Motion to postpone indefinitely: The purpose of the motion to postpone indefinitely is to kill the motion that is pending. If it passes the main motion is thus killed and there does not need to be a vote on the main motion. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, Turner, and Arndt. NEW BUSINESS A. Contracts None. B. Resolutions none None. C. Ordinances For Introduction 1. Ordinance No. FY2020-01B Amending Ordinance No. FY2020-01, Fiscal Year 2020 Budget, By Amending Budgets To Account For The Governor's 50% Funding Cut To The State Aid For Costs Of School Construction Debt Program. DVORAK moved to advance Ordinance No. FY2020-01B to public hearing at the next regular meeting of the Assembly. Due to the Governor's 50% budget funding cut to the State Aid for Costs of School Construction Debt program, this ordinance details changes and accounts for the additional funding needed to pay the Borough's general obligation bond payment for FY2020. ROLL CALL VOTE ON MOTION TO ADVANCE TO PUBLIC HEARING CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Symmons, Turner, Arndt, and Dvorak. Kodiak Island Borough Assembly Regular Meeting Minutes January 16, 2020 Page 3 of 5 OTHER ITEMS *approved under consent agenda 1. *Releasing The Memo Regarding The Process For Loans Or Grants From the Facilities Fund From The Borough Attorney. • Levesque (January 2014) • Wohlforth (July 2012) • Jamin (August 1994) 2. *Letter From Mayor Inviting Governor Dunleavy To Visit Kodiak Island Borough. 3. Public Comment Letter Regarding Humpback Whale Critical Habitat Designation. KAVANAUGH moved to approve Public Comment Letter Regarding Humpback Whale Critical Habitat Designation. ARNDT moved to approve Version 2 of Public Comment Letter Regarding Humpback Whale Critical Habitat Designation. ROLL CALL VOTE ON MOTION TO APPROVE VERSION 2 CARRIED UNANIMOUSLY: Skinner, Symmons, Turner, Arndt, Dvorak, Kavanaugh, and Schroeder. ROLL CALL VOTE ON MAIN MOTION AS AMEND CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Turner, Arndt, Dvorak, and Kavanaugh. 4. *Confirmation of Mayoral Appointment to the Parks and Recreation Committee (Mr. Jordan). 5. *Confirmation of Mayoral Appointment to the Planning and Zoning Commission City Seat (Ms.Harrington). 6. *Confirmation of Mayoral Appointment to the Solid Waste Advisory Board, Construction Business Representative Seat (Mr. Hogen). 7. *Declaring A Seat On The Architectural / Engineering Review Board (Mr. Steven Neff) CITIZENS' COMMENTS • Matt VanDale ASSEMBLY MEMBERS' COMMENTS • Assembly member Symmons remarked on Jonathan Strong and spoke about his past personal experiences. • Assembly member Kavanaugh spoke about the Board of Fish meeting and the Alaska Marine Highway System. • Assembly member Skinner spoke about Governor Dunleavy's letter of invitation to Kodiak and stated the Kodiak College Director search is on again. • Assembly member Schroeder had no comment. Kodiak Island Borough Assembly Regular Meeting Minutes January 16, 2020 Page 4 of 5 Assembly member Turner spoke about the Board of Fish. Assembly member Dvorak expressed his gratitude to the Assembly members who testified at the Board of Fish. He also spoke about Alaska Marine Highway System. Assembly member Arndt spoke about the Board of Fish meeting. Announcements The next Assembly work session is scheduled for Thursday, January 23, 2020, at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, February 6, 2020, at 6:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION 1. EXECUTIVE SESSION 1. Matters Involving Negotiations With the IBEW. DVORAK moved to convene into executive session under the authority of KIBC 2.30.030(F) (1)(d) for the purpose of confidential communications with, and providing direction to, the Borough's representative regarding labor negotiations with the IBEW. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Turner, Arndt, Dvorak, Kavanaugh, and Schroeder. ARNDT moved to invite the Mayor, Assembly, Borough Manager, Finance Director, and Borough Clerk into Executive Session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Roberts recessed the regular meeting at 7:38 p.m. and convened the executive session. Upon returning from the executive session, Mayor Roberts reconvened the regular meeting at 8:24 p.m. and announced that no action was taken as result of the executive session. ADJOURNMENT ARNDT moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. This meeting was adjourned at 8:29 p.m. ATTEST: 11111c A ara Welins y, Borough Clerk Kodiak Island Borough January 16, 2020 KODIAK IS OROUGH William Roberts, Mayor Approved on: February 6, 2020 Assembly Regular Meeting Minutes Page 5 of 5