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02/20/2020 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting February 20, 2020 A regular meeting of the Kodiak Island Borough Assembly was held on February 20, 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 Duane Dvorak, Julie Kavanaugh, Andy Schroeder, Rebecca Skinner, Dennis Symmons, and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Tara Welinsky, and Assistant Clerk Lina Cruz. DVORAK moved to excuse Assembly member Scott Arndt who was absent due to travel for Borough business. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non -controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. DVORAK moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The following items were approved under consent agenda: • * Regular Meeting Minutes of February 6, 2020. • * Resolution No FY2020-20 Approving the Native Village of Karluk And the Karluk IRA Tribal Council as an Unincorporated Community for Participation in the FY21 Community Assistance Program. • * Confirmation of a Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council (Mr. Scott Arndt). • * Confirmation of a Mayoral Appointment to the Board of Equalization (Mr. Robert Tucker). APPROVAL OF MINUTES Regular Meeting Minutes of February 6, 2020 were approved under consent agenda. CITIZENS' COMMENTS • Kim Saunders • Chief Howard Rue Kodiak Island Borough Assembly Regular Meeting Minutes February 20, 2020 Page 1 of 6 • Judi Kidder • Robert Tucker AWARDS AND PRESENTATIONS • Dora Cross, Borough Finance Director, presented FY2020 2"' Quarter Budget Versus Actual Presentation. COMMITTEE REPORTS None. PUBLIC HEARING 1. Ordinance No. FY2020-09 an Ordinance of the Assembly of the Kodiak Island Borough Amending Titles 1, 6, 8, 9, 10, 13, 16, 17 and 18 of the Borough Code to Clarify and Make Consistent Language Relating to Code Enforcement. DVORAK moved to adopt Ordinance No. FY2020-09. Following discussion at the January 9, 2020 and January 30, 2020 work sessions, staff has made suggested changes to code sections addressing enforcement and the UMOT table. Mayor Roberts closed the regular meeting and opened the public hearing. CITIZENS' COMMENTS • Mark Levenson • Scott Yost • Robert Tucker • Judi Kidder • Pat Szabo • Ron Kavanaugh • Nick Szabo Mayor Roberts closed the public hearing and reconvened the regular meeting. KAVANAUGH moved to ament the table on line 119, under code section, to add: KIBC6.04.120 (A, B, C) & (D) to include all three lines for the elevated fine schedule of KIBC 6.04.12. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: DVORAK, KAVANAUGH, SCHROEDER, SKINNER, SYMMONS, and TURNER. KAVANAUGH moved to amend line 546 to read: Is not currently registered (except for a vehicle exclusively used for competitive racing, farming, or off-road use) and line 547 to read: Is stripped, wrecked, or is otherwise inoperable due to structural inefficiencies or mechanical failure; or SKINNER moved to amend the amendment to read: Is not currently registered, pursuant to AS 28.10 (except for a vehicle exclusively used for competitive racing, farming, or off-road use). Kodiak Island Borough Assembly Regular Meeting Minutes February 20, 2020 Page 2 of 6 ROLL CALL VOTE ON AMENDMENT TO THE AMENDMENT CARRIED FIVE TO ONE: KAVANAUGH, SCHROEDER, SKINNER, SYMMONS, DVORAK (AYES); TURNER (NO). ROLL CALL VOTE ON THE AMENDMENT CARRIED FIVE TO ONE: SCHROEDER, SKINNER, SYMMONS, DVORAK, and KAVANAUGH (AYES); TURNER (NO). KAVANAUGH moved to amend by removing lines 548 & 549 548 3. Has not been repaired because mechanical difficulties or because the cost of the repairs 549 required to make it operable exceeds the fair market value; or ROLL CALL VOTE ON THE AMENDMENT FAILED FIVE TO ONE: KAVANAUGH (AYE); SKINNER, SYMMONS, TURNER, DVORAK, SCHROEDER (NOES). KAVANAUGH moved to Amend lines 621-623 to read: 621 B. No person shall place, leave or deposit upon any street, developed right-of-way or 622 drainage structure, any accumulation of snow or ice which has been removed from a 623 private driveway or approach road in a manner that impedes pedestrian or motor vehicle traffic. ROLL CALL VOTE ON AMENDMENT TO THE AMENDMENT CARRIED UNANIMOUSLY: TURNER, DVORAK, KAVANAUGH, SCHROEDER, SKINNER, and SYMMONS. ROLL CALL VOTE ON AMENDMENT CARRIED FOUR TO TWO: DVORAK, KAVANAUGH, SCHROEDER, and SKINNER (AYES); SYMMONS, and TURNER (NOES). DVORAK moved to amend by making the effective date on July 1, 2020. ROLL CALL VOTE ON AMENDMENT CARRIED FOUR TO TWO: DVORAK, KAVANAUGH, SKINNER, and SYMMONS (AYES); SCHROEDER, and TURNER (NOES). ROLL CALL VOTE ON MAIN MOTION CARRIED FOUR TO TWO: SCHROEDER, SYMMONS, TURNER, and DVORAK (AYES); KAVANAUGH, and SKINNER (NOES). BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Worked on budgets looking at revenues and R&R. • Dealt with various staff issues. • Attended Budget Workshop and am conducting follow up from those discussion. • Attended Agenda Setting and doing follow- up on future items including Assembly travel. • Met with the City concerning Tsunami Siren RFP. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts discussed reestablishing Cubs Committee to address ongoing bear problems. UNFINISHED BUSINESS None. Kodiak Island Borough Assembly Regular Meeting Minutes February 20, 2020 Page 3 of 6 NEW BUSINESS Contracts Contract No. FY2020-15 Bayside Fire Department Exterior Renovation Project. SKINNER moved to authorize the Borough Manager to execute Contract No. FY2020-15 with Friend Contractors LLC in an amount not to exceed $351,800. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: SCHROEDER, SKINNER, SYMMONS, TURNER. DVORAK, and KAVANAUGH. Resolutions 1. *Resolution No. FY2020-20 Approving the Native Village of Karluk And The Karluk IRA Tribal Council As An Unincorporated Community For Participation In the FY21 Community Assistance Program. (This item was approved under consent agenda). 2. Resolution No. FY2020-21 - Approving the Disposal by Sale of a Portion of Lot 5, Block 7, Monashka Bay Alaska Subdivision for the Fair Market Value of $1,192.00 (P&Z Case No. 20-004). SKINNER moved to approve Resolution No. FY2020-21. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: SKINNER, SYMMONS, TURNER. DVORAK, KAVANAUGH. and SCHROEDER, Ordinances for Introduction 1. Ordinance No. FY2020-14 Determining the Disposition of Tax Year 2007 Foreclosed Properties KIB/Dorothy Beaching and KIB/Estate of Willie Norell and Establishing Intention to Surplus and Sell Said Property by Finding That a Public Need Does not Exist for the Property and Authorizing the Property for Immediate Disposal. SYMMONS moved to advance Ordinance No. FY2020-14 to public hearing at the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: SYMMONS, TURNER, DVORAK, KAVANAUGH, SCHROEDER, and SKINNER. Other Items *Confirmation of A Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council (Mr. Scott Arndt). (This item was approved under consent agenda) 2. *Confirmation of Mayoral Appointment to the Board of Equalization (Mr. Robert Tucker). (This item was approved under consent agenda) CITIZENS' COMMENTS • Judi Kidder • Robert Tucker • Ron Kavanaugh • Kathleen Ballenger Kodiak Island Borough Assembly Regular Meeting Minutes February 20, 2020 Page 4 of 6 ASSEMBLY MEMBERS' COMMENTS • Assembly Member Symmons thanked Chief Rue for his services. • Assembly Member Kavanaugh talked about junk vehicle removal and thanked everyone for time taken to discuss UMOT. • Assembly Member Skinner thanked Assembly for allowing discussion of UMOT and encouraged the community to get their real ID. • Assembly Member Schroeder discussed ongoing bear problems. • Assembly Member Turner discussed bear problems. • Assembly Member Dvorak talked about UMOT and thanked staff and the public. ANNOUNCEMENTS The next Assembly work session is scheduled on Thursday, February 27, 2020 at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, March 5, 2020 at 6:30 p.m. in the Borough Assembly Chambers. 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 907-486-9315. EXECUTIVE SESSION 1. Matters Involving Negotiations With the IBEW. SKINNER 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 THE MOTION CARRIED UNANIMOUSLY: TURNER, DVORAK, KAVANAUGH, SCHROEDER, SKINNER, and SYMMONS. SKINNER moved to invite the Mayor, Assembly, Borough Manager, and Clerk's Office staff into executive session. SKINNER 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 9:45 p.m. and convened the executive session. Upon returning from the executive session, Mayor Roberts reconvened the regular meeting at 9:58 p.m. and announced that direction was given to the manager to proceed with negotiations as a result of the executive session Kodiak Island Borough Assembly Regular Meeting Minutes February 20, 2020 Page 5 of 6 ADJOURNMENT SKINNER moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. The meeting adjourned at 9:58 p.m. ATTEST: (\ G e44�L Tara Welinsky, Borough Clerk Kodiak Island Borough February 20, 2020 KODIAK ISLAND BOROUGH (( kk (fplk - William Roberts, Mayor Approved on: March 5, 2020 Assembly Regular Meeting Minutes Page 6 of 6