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2020-12-03 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting Teleconference December 3, 2020 A regular meeting of the Kodiak Island Borough Assembly was held on December 3, 2020 via teleconference. 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 was Mayor Bill Roberts Present via teleconference were Assembly members Scott Arndt, Duane Dvorak, Julie Kavanaugh, Geoffrey Smith, Dennis Symmons, James Turner, and Aimee Williams. Also present were Borough Manager Michael Powers, Borough Clerk Alise Rice. ATTENDANCE BY ROLL CALL: Arndt, Dvorak, Kavanaugh, Smith, Symmons, Turner, and Williams. APPROVAL OF AGENDA KAVANAUGH moved to approve the agenda. KAVANAUGH moved to amend the agenda to move Election Of The Deputy Presiding Officer from Unfinished Business to New Business. And reorder New Business 13. A. from Contracts and 13. A. 1. to Election Of The Deputy Presiding Officer, 13. B. from Resolutions to Contracts, 13. C. from Introduction Of Ordinances to Resolutions, 13. D. from Other Items to Introduction Of Ordinances. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Smith, Symmons, Turner, and Williams. ROLL CALL VOTE ON MAIN MOTION AS AMENDED: Dvorak, Kavanaugh, Smith, Symmons, Turner, Williams, and Arndt. APPROVAL OF MINUTES None. CITIZENS' COMMENTS The following spoke under citizens comments: • Sam Rohrer • Dan Rohrer • Jamie Morgan AWARDS AND PRESENTATIONS • Received presentation from State Lobbyist, Mark Hickey of Hickey & Associates, 2020 Annual Report. Kodiak Island Borough Assembly Regular Meeting Minutes December 3, 2020 Page 1 of 8 COMMITTEE REPORTS • Assembly member Kavanaugh reported she was unable to attend the past Consolidation Committee Meeting and deferred to the Co -Chair, Assembly member Turner. Assembly member stated the committee re -viewed topics previously discussed and re -districting as well. PUBLIC HEARING 1. Ordinance No. FY2021-12 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 Cigarettes And Tobacco Products. ARNDT moved to adopt Ordinance No. FY2021-12 Version 4. ORIGINAL This ordinance was sponsored by Assembly member Symmons. Introduced on July 16th, postponed to August 20, and then postponed once again to September 17th. Version 4 was forwarded to public hearing; no other versions have been introduced. VERSION 2 During the July 16th regular assembly meeting, staff was directed to include the taxation of vaping into our code. 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 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 • other tobacco products from 25% to 37.5% of wholesale price 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. Mayor Roberts opened the public hearing. Kodiak Island Borough Assembly Regular Meeting Minutes December 3, 2020 Page 2 of 8 CITIZEN'S COMMENTS • Betty McTavish Mayor Roberts closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Smith, Symmons, Turner, Williams, Arndt, and Dvorak. 2. Ordinance No. FY2021-16 Amending KIBC Title 3 Revenue And Finance, Chapter 3.630 Motor Vehicle Registration Tax, Section .030 Fee Imposed & Section .040 Annual Fee Imposed On Commercial Plates. KAVANAUGH moved to adopt Ordinance No. FY2021-16. Motor Vehicle Registration Tax (MVRT) is in lieu of imposing personal property tax on vehicles (see AS 28.10.431(g) and are in the same nature as personal property tax revenues levied on other personal and business property. Unlike other personal property tax revenues, which are credited to the general fund and various Service Areas where the property resides, MVRT is credited to the Debt Service fund in FY2019 & FY2020 and to the Education Support Fund prior to FY2019. The tax rates currently in effect were established in March 2006 and, as indicated by the data below, revenues from this source have been steadily decreasing. Year Revenue FY15 $262,175 FY16 $253,112 FY17 $235,177 FY18 $237,895 FY19 $220,392 FY20 $215,538 For comparison, information in the packet includes the annual rate schedule for Ketchikan ar the biennial rate schedule for Anchorage. The State of Alaska collects the tax on our behalf and then remits it to the borough monthly, less an 8% collection fee, and requires one-year lead time for implementation of changes to the tax rate. The borough would have to provide the state a new rate schedule by December 31 st, 2020 in order to begin collecting on the new rates in January 2022. ARNDT moved to substitute with V2. Mayor Roberts opened the public hearing. Seeing and hearing none. Mayor Roberts closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON MOTION TO SUBSTITUTE WITH V2 CARRIED UNANIMOUSLY: Symmons, Turner, Williams, Arndt, Dvorak, Kavanaugh, and Smith. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Smith, Symmons, Turner, Williams, Arndt, and Dvorak. Kodiak Island Borough Assembly Regular Meeting Minutes December 3, 2020 Page 3 of 8 BOROUGH MANAGER'S REPORT 1.11.50 Manager Powers reported on the following: • Solid Waste Landfill/leachate treatment -follow up on door repairs at bailer building, rain sheet repairs, and related issues. Met with ADEC and staff regarding the Compliance settlement and future improvements. Met with Assembly members regarding Solid Waste Collection Contract to assist with their understanding of the situation. Met with Alaska Waste to carry out negotiations. Worked with staff and the Borough Attorney to craft amendment to the contract to memorialize the points as directed by the Assembly. Hospital and Long -Term Care Reviewed draft plan for the 68/78 section potential replacement and past analysis of the structural repairs needed and costs associated with each. Update on land farm status, projects design status. • Kodiak Fisheries Research Center -Various building issues including project design update. • Covid 19 Local issues -the ESC has met numerous times as cases have increased. Two main focuses: Impacts of potential measures on businesses and the local economy and identifying the threat vectors. Regarding the businesses, considerable discussion centered around taking measures that allow businesses to stay open but reduce risk for employees and customers. Regarding risks (threat vectors), based upon the evidence we have regarding contact tracing, social gatherings where there are no protections in place, travel and close contacts are the identified sources. Today, the Emergency Services Council approved reducing capacity of business to 25% of the rated ("Fire Marshal)" occupancy. • Staffing -we have several employees who are out do to Covid19 and are making adjustments as needed to provide services. • Protest -a protest is planned for Friday December 4, 2020 at 3:30PM at the Borough Building regarding shutting down of businesses (which is something the ESC • State Issues -Funding coming to an end. Huge demand for tests planet wide, limited supply. Current health emergency ends unless new proclamation by the Governor. • Federal Issues -New CDC guidelines issued yesterday. 2nd stimulus being discussed. Latest news is $320 million for states and local government, but it is unknown how it will be distributed. There is NO individual "stimulus check" in the second round at this time. A third round, after the Georgia election, could materialize. • Attended Agenda Setting -worked on agendas into January. Assisted with recruitment of Planner for Community Development. • Numerous internal meetings regarding budget, IT, Covid19 (huge topic), responding to requests for information and assistance from members of the public, fairground issues, and other topics. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts reported on the following: • Spoke on the new mandates of COVID-19 to become effective on December 7, 2020. Kodiak Island Borough December 3, 2020 Assembly Regular Meeting Minutes Page 4 of 8 Mayor Roberts recessed the meeting at 8:47 p.m. Mayor Roberts reconvened the meeting at 8:57 p.m. UNFINISHED BUSINESS None. NEW BUSINESS Reorganization Of The Kodiak Island Borough Assembly Election Of The Deputy Presiding Officer. Clerk's Note: Agenda amended to take up this item out of order. DVORAK moved to nominate Assembly member Julie Kavanaugh. TURNER moved to nominate Assembly member Scott Arndt. Clerk's Note: Assembly members were instructed to text their vote to the Clerk. Assembly member Arndt received 4 votes and Assembly member Kavanaugh received 3 votes. ROLL CALL VOTE TO ACCEPT ASSEMBLY MEMBER ARNDT FOR DEPUTY PRESIDING OFFICER CARRIED SIX TO ONE: Turner, Williams, Arndt, Dvorak, Kavanaugh, and Smith (AYES); Symmons (NO). CONTRACTS 1. Amendment No.1 Amending Contract No. FY2019-25 Residential and Commercial Solid Waste Collection and Recycling Services. ARNDT moved to approve Amendment No.1 Amending Contract No. FY2019-25. ARNDT moved to postpone to the next regular meeting of the assembly on December 17, 2020. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Williams, Arndt, Dvorak, Kavanaugh, Smith, Symmons, and Turner. RESOLUTIONS None. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2021-01E Amending 10 Ordinance No. Fy2021-01, Fiscal Year 2021 Budget, By Amending Budgets To 11 Account For Various Revenues That Are Over. KAVANAUGH moved to advance Ordinance No. FY2021-01E. to the next regular meeting of the assembly on December 17, 2020. Kodiak Island Borough Assembly Regular Meeting Minutes December 3, 2020 Page 5 of 8 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Smith, Symmons, Turner, and Williams. 2. Ordinance No. FY2021-07A An Ordinance Of The Assembly Of The Kodiak Island Borough Supplementing Ordinance No. FY2021-07 Regarding The Disposition Of A Tax Foreclosed Property, 810 Hillside Drive Formally Owned By Ada And Susan Panamarioff, Setting A Minimum Bid And Sale Process As Borough Land Sale Number Twenty -One. ARNDT moved to advance Ordinance No. FY2021-07A. to the next regular meeting of the assembly on December 17, 2020. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Smith, Symmons, Turner, Williams, and Arndt. 3. Ordinance No. FY2021-24 Determining The Disposition Of A Tax Foreclosed Property Acquired By Clerk's Deed More Than 10 Years Ago And Establishing Intention To By Finding That The Properties Are Submerged By Water And Have No Assessed Value Therefore Will Be Retained By The Borough. ARNDT moved to advance Ordinance No. FY2021-24. to the next regular meeting of the assembly on December 17, 2020. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Smith, Symmons, Turner, Williams, Arndt, and Dvorak. Other Items 1. Mayoral Appointments Of Assembly Member Representatives To Different Boa Committees, and Commissions. Boards, Committees, and Commissions Currently Serving New Board Assignments Architectural Review Board, KIBC 2.125 "Manager serves as Ex-Officio "Mayor may serve as Ex-Officio Dvorak Williams Mayor Roberts Manager Powers Borough Lands Committee, KIBC 2.160 - 2 Seats `Mayor may serve as Ex-Officio Schroeder Arndt Arndt Symmons Mayor Roberts Emergency Services Council, KIBC 2.110 "Mayor is assigned to a seat Mayor Roberts Manager Powers Joint Building Code Review Committee, KIBC 15.45 Symmons Symmons Kodiak College Council Turner Dvorak Kodiak Fisheries Work Group (Ad -hoc) - 3 Seats "2 Appointees plus 1 alternate Skinner Smith Kavanaugh Kavanaugh one None Kodiak Fisheries Advisory Committee, Res. No. FY2007-38 Schroeder Turner Parks and Recreation Committee, KIBC 2.120 Symmons Smith Kodiak Island Borough Assembly Regular Meeting Minutes December 3, 2020 Page 6 of 8 Providence Health System Service Area Board, KIBC 8.05 Skinner Turner School District Budget Advisory Committee Turner Kavanaugh School District Facilities Review Committee Arndt Arndt School District Strategic Planning Committee Kavanaugh Dvorak Solid Waste Advisory Board, KIBC 2.145 Dvorak Williams *SWAMC Board Seat — Kodiak Municipal Seat, Treasurer Two Year Term Expires 2021 New appointee will start after SWAMC March Annual Conference Skinner Kavanaugh *AML Board — District 10 Seat — Two Year Term Expires 2020 Arndt KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. DVORAK moved to approve mayoral appointments of the assembly as reflected. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smith, Symmons, Turner, Williams, Arnd Dvorak, and Kavanaugh. 2. 2021 Kodiak Island Borough Annual Calendar. ARNDT moved to postpone to the December 1711, 2020 regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Turner, Williams, Arndt, Dvoral Kavanaugh, and Smith. CITIZENS' COMMENTS The following spoke under citizens comments: • Dan Rohrer • Betty McTavish ASSEMBLY MEMBERS' COMMENTS Assembly Member Kavanaugh no comment. Assembly Member Symmons missing Kodiak while on vacation. Assembly Member Williams no comment. Assembly Member Smith thanks the local health care workers and reminds the community to social distanc and stay safe. Assembly Member Dvorak no comment. Assembly Member Arndt welcomes the two new assembly members. Assembly Member Turner no comment. ANNOUNCEMENTS The next Assembly Work Session is scheduled for Thursday December 10, 2020 at 6:30 p.m. and the ne; Regular Meeting is scheduled for Thursday, December 17, 2020 at 6:30 p.m. via teleconference. ADJOURNMENT ARNDT moved to adjourn the meeting Kodiak Island Borough Assembly Regular Meeting Minutes December 3, 2020 Page 7 of 8 ROLL CALL VOTE ON ADJOURNMENT: Turner, Williams, Arndt, Dvorak, Kavanaugh, Smith, an Symmons. The meeting was adjourned at 8:47 p.m. KODIAK ISLAND ROUGH William Ro erts, Mayor F,6L \O_ 440 0 <ASKA' / Borough Clerk Kodiak Island Borough Assembly Regular Meeting Minutes December 3, 2020 Page 8 of 8