2022-04-28 Special Meeting Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Kodiak Island Borough Assembly Special Meeting Agenda Thursday, April 28, 2022, Immediately Following the Work Session Assembly Chambers This meeting was called by the Mayor. Please subscribe to be notified when agenda packets are published. Page 1. ROLL CALL 2. CITIZENS COMMENTS (Limited To Three Minutes Per Speaker) Please call 1(907) 486-3231 or Toll free 1(855)492-9202 3. CONSIDERATION OF MATTER(S) IN THE CALL FOR THE SPECIAL MEETING 2 A. Discussion Of Borough Obligations In A Tax Matter Complete Binder for Discussion - Pdf 4. ADJOURNMENT Page 1 of 2 KODIAK ISLAND BOROUGH STAFF REPORT APRIL 28, 2022 ASSEMBLY SPECIAL MEETING Kodiak Island Borough SUBJECT: Discussion Of Borough Obligations In A Tax Matter ORIGINATOR: Scott A Brandt-Erichsen, Borough Attorney RECOMMENDATION: Move to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(a) for discussion of a matter which could potentially lead to litigation and KIBC 2.30.030(F)(1)(b) matters, the immediate knowledge of which would tend to affect adversely the finances of the borough. Move to invite the Mayor and Assembly into Executive Session as well as the Borough Finance Director, Assessor, Manager, Clerk and Borough Attorney. DISCUSSION: The executive session is recommended in order to provide a confidential discussion of the Borough’s rights, obligations, and options, and to discuss strategy for resolving a potential claim for a tax refund. The issue caries the potential for litigation, and open discussion of the Borough’s options and strategy for processing through the issue would tend to adversely impact the Boroughs finances as it could limit the options available for moving forward. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIB Code Title 2 Administration and Personnel Chapter 2.30 Rules of the Assembly “F. Executive Sessions. The assembly may meet in executive session, at the call of the mayor, deputy presiding officer, or any four members of the assembly, only during a regular or special meeting, to privately discuss matters of confidential concern to the well-being of the borough government. 1. Upon adoption of a motion stating the purpose for an executive session the assembly in closed session may discuss: a. Potential or pending litigation to which the borough may become or is a party; b. Any matter the immediate public knowledge of which would tend to affect adversely the finances of the borough;” AGENDA ITEM #3.A. Discussion Of Borough Obligations In A Tax Matter Page 2 of 2 Kodiak Island Borough Assembly Special Meeting Agenda Thursday, April 28, 2022, Immediately Following the Work Session Assembly Chambers 1. ROLL CALL KIBC 2.25.070… 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. Recommended motion: Move to excuse Assembly member Smith who is absent due to personal matters. VOICE VOTE ON MOTION. 2. CITIZENS' COMMENTS. (Limited To Three Minutes Per Speaker). Read the phone numbers: Local is 907-486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in – turn off any listening devices to prevent feedback 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING. A. Discussion Of Borough Obligations In A Tax Matter Clerk’s note: please disclose of any potential conflict of interest and request a ruling from the chair. Recommended motion: Move to convene into executive session under the authority of KIBC. 2.30.030 (F)(1)(a) for discussion of a matter which could potentially lead to litigation and KIBC 2.30.030(F)(1)(b) matters, the immediate knowledge of which would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON THE MOTION. Recommended motion: Move to invite the Mayor and Assembly into Executive Session as well as the Borough Finance Director, Assessor, Manager, Clerk, and Borough Attorney. VOICE VOTE ON MOTION. After the vote, Mayor Roberts recesses the special meeting and convenes the executive session. Upon returning from the executive session, Mayor Roberts reconvenes the special meeting and announces no action is to be taken as a result of the executive session. OR the Assembly may make a motion if necessary. ROLL CALL VOTE ON MOTION (IF A MOTION IS MADE). 4. ADJOURNMENT. Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION. KIBC 2.30.030 A…. Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2022, No. 31 April 28, 2022 At Its Special Meeting Of April 28, 2022, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On May 5, 2022, At 6:30 p.m. In The Borough Assembly Chambers. CONVENED Into Executive Session To Discuss Borough Obligations In A Tax Matter Which Falls Under The Authority Of KIBC. 2.30.030 (F)(1)(A) For Discussion Of A Matter Which Could Pote ntially Lead To Litigation And KIBC 2.30.030(F)(1)(B) Matters, The Immediate Knowledge Of Which Would Tend To Affect Adversely The Finances Of The Borough. INVITED The Mayor, Assembly, Borough Finance Director, Assessor, Borough Manager, Borough Clerk, and Borough Attorney Scott Brandt-Erichson Into Executive Session. ANNOUNCED Direction Was Given To The Borough Attorney On How To Proceed With The Matter.