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2020-09-17 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting September 17, 2020 A regular meeting of the Kodiak Island Borough Assembly was held on September 17, 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, Rebecca Skinner, Dennis Symmons, and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Alise Rice, and Acting Deputy Clerk Lina Cruz. DVORAK moved to excuse Assembly member Schroder who was absent due to a work -related matter. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of September 3, 2020. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) The following spoke under citizen's comments: • Major Dave Davis • Debra McCusker • Daniel Rohrer • Betty McTavish • Marge Dunkin • Sharon Wolkoff • Jamie Morton AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS Assembly member Skinner reported on the Hospital Advisory Board, the search for a new director is continuing. Also gave an update on Prince William Sound RCAC Board. Kodiak Island Borough Assembly Regular Meeting Minutes September 17, 2020 • Assembly member Kavanaugh gave an update on the Consolidation Committee, reported that the committee is diving into budget related processes and will start meeting weekly starting October 5, 2020. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Michael Powers reported on the following: • Participated in conference calls with AML & Dr. Zink's Team. Discussed how case types and numbers signify various levels of risk. Also discussed community mitigation strategies. • Met with AML and managers regarding ADOT issues communities are having. By the end of the call I was convinced we have a pretty solid relationship with ADOT compared to some communities. • Received updates from staff on various projects including tsunami sirens installation, - review of landfill LTP strategies for decreasing leachate volume and treatment options. • Met with Don Hanna, Interim CEO, Providence. Discussed various aspects of Borough/Providence issues as well as discussed broader community health care issues and concerns. • Received new guidance on CARES. • Senate failed to pass a stimulus bill. • No travel planned. MESSAGES FROM THE BOROUGH MAYOR • Mayor Roberts read into the record a letter received from the City of Kodiak City Council notifying the Assembly that they were withdrawing their participation on the Consolidation Committee. UNFINISHED BUSINESS Ordinance No. FY2021-12 Of the Assembly Of The Kodiak Island Borough Amending KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax On Cigarettes And Tobacco Products Section .020 Definitions and Section .030 Excise Tax On Cioarettes And Tobacco Products. Clerk's Note: Motion on the table is "Move to postpone Ordinance No. FY2021-12." This ordinance was introduced on July 16th, postponed to August 20, and then postponed once again to September 17th. It has not yet been forwarded to public hearing. 4 versions are attached, none on the table. ARNDT moved to advance Ordinance No. FY2021-12 Version 4 to public hearing at the next regular meeting of the assembly on December 3, 2020. ORIGINAL This ordinance was introduced by Assembly member Symmons during the regular meeting of June 18, 2020. The request was to increase the tobacco excise tax for products brought into the borough for distribution or sale as follows: cigarettes from $0.05 to $0.075 per cigarette; and Kodiak Island Borough Assembly Regular Meeting Minutes September 17, 2020 other tobacco products from 25% to 37.5% of wholesale price VERSION 2 During the July 16th regular assembly meeting, staff was directed to include the taxation of vaping into our code. VERSION 3 Further revisions were made to Version 2 by the attorney after the posting of Version 2 for introduction on August 20, 2020. VERSION 4 Revisions made by Assembly member Arndt for introduction on the September 17, 2020 regular meeting. During the research process, staff collected the following information: Tobacco Excise Tax Rates for: • Juneau Borough - $3/pack and 45% on other tobacco products • Matanuska- Susitna Borough - 110 mils/cigarette and 55% on other tobacco products • Anchorage - 124.6 mils/cigarette and 55% on other tobacco products • Fairbanks - 8% on all tobacco products ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Skinner, and Turner (AYES); Symmons (NO). Mayor Roberts recessed the regular meeting at 7:22 p.m. Mayor Roberts reconvened the regular meeting at 7:30 p.m. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2021-10A Amending and Approving Kodiak Island Borough CARES Nonprofit Grants. DVORAK moved to approve Resolution No. FY2021-10A. ARNDT moved to amend the Kodiak Baptist Mission from $25,000 to $50,000. ROLL CALL VOTE ON THE AMENDMENT FAILED TWO TO FOUR: Arndt and Dvorak (AYES); Kavanaugh, Skinner, Symmons, and Turner (NOES). ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Skinner, Symmons, Turner, and Arndt. Ordinances for Introduction Kodiak Island Borough Assembly Regular Meeting Minutes September 17, 2020 1. Ordinance No. FY2021-17 An Emergency Ordinance Of The Assembly Of The Kodiak Island Borough Amending Kodiak Island Borough Code Section 7.60.010 Relating To The Election Pamphlet, Making The Pamphlet Optional And, Clarifying How It Is Sent And Shortening The Time For Sending Mailing The Pamphlet. ARNDT moved to adopt Ordinance No. FY2021-17. A printing error has occurred in the 2020 Official Election Pamphlet. Because of this equipment error there is not sufficient time to allow for the re -printing and mailing to the voter households and meet the deadline set by code, September 21, 2020. Because of the historical short turnaround time for the pamphlets, the 2020 election pamphlets were gold streaked to the Kodiak Airport via Alaska Airlines and picked up on Saturday the 12th. On Monday it was discovered that the pamphlet had two printing errors. It was confirmed that the error was a result of the publisher's equipment and not of human error. The election pamphlets are being reprinted, however with the reprinting the deadline for mailing cannot be met. This ordinance would not be of permanent nature, it will address the method for distributing the 2020 pamphlet and potential consequences. This ordinance will change the 14 days to seven (7) days prior, allowing time for the publisher to reprint and distribute, failure to distribute the election pamphlet will not invalidate an election and will not qualify as a basis for an election contest. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Turner, Arndt, Dvorak, and Kavanaugh. Other Items 1. Approval and Appointment Of The 2020 Regular Municipal Election Workers. DVORAK moved to appoint the 2020 Regular Municipal Election Officials in each precinct as recorded in the memorandum submitted by the Borough Clerk. The Clerk's office respectfully requests the Assembly's approval of the 48 Election Officials who have agreed to serve on the Election Teams for the 2020 Regular Municipal Election. It would not be possible to conduct the 2020 Election without the dedication and selflessness of these citizens. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Dvorak, Kavanaugh, Skinner, Skinner, and Symmons. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) The following spoke under citizen's comments: • Betty McTavish ASSEMBLY MEMBERS' COMMENTS Kodiak Island Borough Assembly Regular Meeting Minutes September 17, 2020 • Assembly Member Dvorak thanked the Assembly and staff for their hard work on the CARES grant funding. Spoke about the new tsunami sirens. Stated his concerns about the City Councils' choice to withdraw their participation on the Consolidation Committee. • Assembly Member Arndt encouraged the public to get out and vote. • Assembly Member Turner had no comment. • Assembly Member Symmons encouraged the public to vote, and to be educated about who the vote for. • Assembly Member Kavanaugh stated her disappointment about the City Councils' choice to withdraw their participation on the Consolidation Committee. Talked about the upcoming Board of Fish meetings being virtual. • Assembly Member Skinner gave compliments to the Borough Mayor for his comments regarding the City Councils' decision on their participation on the Consolidation Committee. Encouraged the public to get out and vote. EXECUTIVE SESSION Solid Waste Contract No. FY2019-25 Conference with Borough Attorney, Scott Brandt- Erichsen. ARNDT moved to convene into executive session under the authority of KIBC 2.30.030 (F)(1)(a) to discuss Solid Waste Contract No. FY2019-25, a matter in which immediate public knowledge of could adversely affect the finances of the Borough and receive legal advice from the Borough's counsel. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Turner, Arndt, Dvorak, Kavanaugh, and Skinner. ARNDT moved to invite Mayor, Assembly, Borough Manager, Engineering and Facilities Director, Dave Conrad, Special Projects Manager, Matt Gandel, Borough Attorney Scott Brandt-Erichsen, and Borough Clerk, Alise Rice into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Dvorak, Kavanaugh, Skinner, and Symmons. After the vote, Mayor Roberts recessed the regular meeting at 8:27 p.m. After the recess, Mayor Roberts convened into executive session at 8:37 p.m. Upon returning from executive session, Mayor Roberts reconvened the regular meeting and announced that no action was taken as a result of the executive session. ADJOURNMENT ARNDT moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting adjourned at 10:27 p.m. Kodiak Island Borough Assembly Regular Meeting Minutes September 17, 2020 Kodiak Island Borough September 17, 2020 L. Rice, Borough Clerk Assembly Regular Meeting Minutes