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2020-07-16 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting July 16, 2020 A regular meeting of the Kodiak Island Borough Assembly was held on July 16, 2020 in the Assembly Chambers of the Kodiak Island Borough, 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, Julie Kavanaugh, Andy Schroeder, Rebecca Skinner, Duane Dvorak, and Dennis Symmons. Also present were Borough Manager Michael Powers, Borough Clerk Alise Rice, and Acting Deputy Clerk Lina Cruz. ARNDT moved to excuse Assembly member Turner who was absent due to a work -related matter. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*)are considered to be routine and non -controversial. ARNDT moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES • *Special Meeting Minutes of June 18, 2020. • *Regular Meeting Minutes of June 18, 2020. • *Confirmation Of Mayoral Appointment To The Womens Bay Service Area Board (Mr. Gregory Egle). • *Letter of Support for Cook Inlet Regional Citizens Advisory Council Recertification Application. Docket Number USCG-2020-0188. • *Letter of Support Alaska Municipal League. CITIZENS' COMMENTS The following spoke under citizens' comments: • Kris Lynch • Jessie Marlow • Howard Rue • Kerri Shackle • Julie Cain -Hill • Justin Thran • Betty McTavish • Patricia Gibbs Kodiak Island Borough July 16, 2020 Assembly Regular Meeting Minutes Page 1 of 16 • Dan Rohrer • Ben Milstein • Sara Phillips • Hayley Thompson • Amy Williams • Maggie Rocheleau • John Whiddon • Annie Thomas • Heather Peterson • Nia Maile • Jeff Nye Velma Vining • Rebecca Ligtenberg • Yvonne Mullen • Tabatha Stewart • Cindy Hardy AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS • Assembly member Kavanaugh reported that the Consolidation Committee has begun comparing City and Borough budgets. She will give a update to the City Council at their work session on July 23, 2020. PUBLIC HEARING 1. Ordinance No. FY2021-01A Budget Amendment Adding Money To The Education Support Fund. This ordinance was advanced to public hearing at the regular meeting of June 18, 2020. ARNDT moved to adopt Ordinance No. FY2021-01A. Mayor Roberts opened the public hearing. Hearing none and seeing none. Mayor Roberts closed the public hearing. ARNDT moved to amend line 39 Section 2. ROLL CALL VOTE ON MOTION TO AMEND LINE 39 SECTION 2 FAILED THREE TO FOUR: Kavanaugh, Schroeder, and Arndt (AYES); Dvorak, Skinner, Symmons (NOES). Mayor Roberts broke the tie and voted in opposition of the motion. Kodiak Island Borough Assembly Regular Meeting Minutes July 16, 2020 Page 2 of 16 ROLL CALL VOTE ON THE MAIN MOTION FAILED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, and Symmons. 2. Ordinance No. FY2021-10 Rescinding A Prohibition on Edible Marijuana Products. DVORAK moved to adopt Ordinance No. FY2021-10. On March 12, 2020 the City of Kodiak rescinded its prohibition on marijuana edibles. This action puts permitted marijuana businesses located in the Kodiak Island Borough (outside of the City of Kodiak jurisdiction) at a distinct disadvantage. Customers can easily drive to the City of Kodiak to find these products. Thereby making the situation unfair for permitted marijuana businesses in the borough, while also making those businesses less competitive. In order to address the perceived inequality between city and borough marijuana businesses, an ordinance amendment is needed to amend the borough marijuana rules by striking the prohibition on marijuana edibles, in order to be substantially consistent with those of the City of Kodiak. Mayor Roberts opened the public hearing. CITIZENS' COMMENTS The following spoke under citizens' comments: • John Whiddon • Joseph Griskonis • Jeff Nye Mayor Roberts closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO THREE: Schroeder, Symmons, and Dvorak (AYES); Kavanaugh, Skinner, and Arndt (NOES). Mayor Roberts broke the tie and voted in favor of the motion. Mayor Roberts recessed the meeting at 8:10 p.m. Mayor Roberts reconvened the meeting at 8:18 p.m. 3. Ordinance No. FY2021-11 An Ordinance of The Assembly of The Kodiak Island Borough Amending Portions Of Title 7 Of The Kodiak Island Borough Code Providing For By Mail Voting At The Regular Municipal Election And Allowing Modification Of Election To Address Public Health Concerns. ARNDT moved to adopt Ordinance No. FY2021-11 Version 2. This ordinance will amend Title 7, Elections, in several sections. The goal of these changes are to allow the Clerk to deviate from traditional election processes when emergency events arise and make it impractical or difficult for voters to safely vote in a traditional manner or at traditional polling sites. Kodiak Island Borough Assembly Regular Meeting Minutes July 16, 2020 Page 3 of 16 With the current pandemic, there is great concern for personal safety. By social distancing and using the recommendations from the Emergency Operations Center (EOC) and the CDC we can encourage and assist voters to still exercise their right to vote. Certain unforeseeable circumstances, such as COVID-19 could severely impede the process of a timely and successful election. By adding early voting and establishing ballot by -mail precincts contact between voters and election workers can be minimized. A significant number of people may not have the opportunity to vote on the day of an election if the Assembly does not take immediate action. This ordinance will establish early voting to be conducted 21 days before an election and will require approval of the Assembly by resolution up to 45 days before an election. Designating "ballot by -mail precincts" in precincts that resulted in less than 100 voters during the previous election will assist in minimizing contact with each other and encourage social distancing practices. This would be of great benefit not only our dedicated election workers but for our valued voters as well. This Ordinance will also allow the Clerk to authorize participants from the Youth Vote Ambassador Program to serve on an election board or as election officials to assist in the election processes. These workers would be supervised by the precinct chair. Historically the Clerk's Office has employed the same election workers throughout the years. These valued workers have assisted in conducting successful elections. However, they are in an older age group which puts them at a higher health risk. With the current Pandemic, many of them might refrain from participating unless public contact is minimized. Mayor Roberts opened the public hearing. Hearing none and seeing none. Mayor Roberts closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Arndt, Dvorak, and Kavanaugh. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: Covid-19 New cases of COVID-19 have been reported. The total case count is 16 as of 7:30 a.m. The City of Kodiak will be assisting in staffing the front reception desk. The costs we be shared by the City and the Borough beginning on June 25'h. Discussed with federal lobbyists and others about the potential for another round of stimulus monies from the Federal government. This would be to individuals, businesses, and the local government. The Senate reconvenes on July 20'h. Kodiak Island Borough Assembly Regular Meeting Minutes July 16, 2020 Page 4 of 16 • Cities, counties and states are facing a $17 billion dollar decline in transient occupancy tax. This is only hotel taxes, and does not include other declines in tourism dollars. Kodiak is also expected to have a significant decrease. • Attended weekly Emergency Service Council meetings. Discussed people taking off masks at airport after arrival while waiting for and picking up baggage; use of masks to "slow the spread" and businesses promoting the use of masks. • The Alaska Municipal League Summer Conference will be held electronically this year. • Promulgated revised travel, employee and meeting protocols for Borough employees. • Met with Jim Calvin, McDowell Group, to discuss a proposal to provide an economic analysis of the Kodiak Economy as impacted by COVID19. The work will include an update the 2016 fisheries economic analysis and looking at the other sectors of the economy related to the impacts we have seen from COVID19. Due to timing and previous work by McDowell, this will be a sole source contract. • EOC is returning to its space at the Police Department, COVID-19 care is moving into the hospital, and drive up testing will be relocated. • Schools will be cleared out for COVID-19 preparations to allow for reopening. • Attended the'Find the Poster' contest award ceremony. A new bicycle was awarded to the winner. • Prepared memorandum response for a grievance. • Reviewed the KIB Fee Schedule and United Minor Offenses Table (UMOT) processes with the Borough Attorney and staff including submission to the State of Alaska • Reviewed Wells Fargo Retirement and Trust Division by Principal Financial Group, we use them for our investments. • Received and followed up on complaints regarding Borough residents being charged sales tax on mail order purchases. In a couple of cases, the recipients had post office boxes inside of the city limits but most were located in the Borough. Contacted the Alaska Municipal League sales tax office for assistance. • Met with staff and contractor regarding the "landfarming" of contaminant • Prepared memorandum response on Grievance. • Reviewed Fee Schedule and UMOT process with the Borough Attorney and Staff including submission to the State of Alaska. • Reviewed purchase of Wells Fargo Retirement and Trust Division by Principal Financial Group. We use them for our investments. • Received and followed up on complaints regarding Borough residents being charged sales tax on mail order purchases. • Met with staff and contractor regarding the "landfarming" of contaminated soil at the Long - Term Care Center, reviewed options and soil conditions. • Received calls and met with staff in regard to the new solid waste collection contract. • Met with interim CEO for Providence. • Will be out of the of July 22 through July 24 and returning to work on July 27. Kodiak Island Borough Assembly Regular Meeting Minutes July 16, 2020 Page 5 of 16 MESSAGES FROM THE BOROUGH MAYOR • Mayor Roberts welcomed new reporter for the Kodiak Daily Mirror, Andrew Kenneson. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Change Order No. 05 Amending Contract No. FY2018-28 Architectural and Engineering Services Term Contract For The Providence Kodiak Island Medical Center Retaining Wall Repair Project. DVORAK moved to authorize the Borough Manager to execute Change Order No. 05, amending Contract No. FY2018-28 with Jensen Yorba Wall, Inc. in an amount not to exceed $112,491. This is a change order to the Borough's term contract with Jensen Yorba Wall (JYW) to include design, bidding, and construction administration services for the Providence Kodiak Island Medical Center (PKIMC) Retaining Wall project. The design phase of this change order will include providing bid documents to describe the repair of the existing deteriorating wall portions and overlay of the entire wall with concrete. An item will be included on a future budget ordinance to transfer additional funds to this project for this design cost. The cost for this change is not to exceed $112,491. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Arndt, Dvorak, Kavanaugh, and Schroeder. 2. Change Order No. 06 Amending Contract No. FY2018-28 Architectural And Engineering Services Term Contract For The Providence Kodiak Island Medical Center Fire Alarm Replacement Project. ARNDT moved to authorize the Borough Manager to execute Change Order No. 06 amending Contract No. FY2018-28 with Jensen Yorba Wall, Inc. in an amount not to exceed $70,195. This is a change order to the Borough's term contract with Jensen Yorba Wall (JYW) to include design, bidding, and construction administration services for the Providence Kodiak Island Medical Center (PKIMC) Fire Alarm Replacement project. The scope of work for the project includes replacement of the fire alarm panel and devices as well as replacement of fire/smoke dampers. The bulk of the work will take place in the 1997 portion of the facility, since the future plans for the 1968 and 1975 portions are a current topic of discussion. Some work in the older portions will be required but will be limited to the minimum upgrades required to meet current codes. The design phase of this change order will include design submittals at the 65% and 95% stage, with a construction cost estimate provided at 65%. The bid phase will be to provide Kodiak Island Borough Assembly Regular Meeting Minutes July 16, 2020 Page 6 of 16 assistance with questions during the bidding process, and construction administration will be review of submitted designs, answering contractor questions, and site inspections during construction. An item will be included on a future budget ordinance to transfer funds to this project for this design cost. The cost for this change is not to exceed $70,195. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Arndt, Dvorak, Kavanaugh, Schroeder, and Skinner. 3. Contract No. FY2021-01 Awarding Recycling Collection and Processing. ARNDT moved to authorize the Borough Manager to award Contract No. 2021-01 to Threshold Services Inc. in the amount of $297,355 for the collection and processing of recyclable materials within the Kodiak Island Borough. This contract is for a one-year period with 4 one-year extension options. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Arndt, Dvorak, Kavanaugh, and Schroeder (AYES); Skinner and Symmons (NOES). 4. Contract No. FY2021-02 With Island Trails Network For The Saltery Cove Trail System Access And Improvements Project. DVORAK moved to approve Contract No. FY2021-02. This is a sole source contract with Island Trails Network (ITN) not for the Saltery Cove Trail System Access and Improvements Project. Money from this project is coming from an Alaska Department of Fish and Game grant for hunter access protection. That grant, F20AF00256, was accepted by the Assembly at their June 18, 2020 regular meeting. The contract payment to ITN is not to exceed $330,340.00 over the life of the project, which will run from the execution of this contract (presumably July 2020) through December 2023. The contract work includes surveying of the trail for application of state easements, application of said easements, design of trail improvements and implementation of improvements. ITN proposes to provide the entire 25% match for this grant through a cash donation of $20,000.00, in -kind match of volunteer labor equaling $48,578.82 and in -kind equipment donation equaling $52,061.18. Total match being contributed by ITN is $120,640.00. Due to the grant match requirements and ITN's ability to provide that match, as well as the specialized nature of the trail design and improvements, a sole source contract was justified. The contract has been thoroughly reviewed by the KIB attorney and meets his specifications. Clerk's Note: Assembly member Schroeder recused himself due to conflict of interest. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Skinner, Symmons, and Arndt. Kodiak Island Borough Assembly Regular Meeting Minutes July 16, 2020 Page 7 of 16 Resolutions 1. Resolution No. FY2021-04 Approving Fiscal Year 2021 Kodiak Island Borough Nonprofit Funding. DVORAK moved to approve Resolution No. FY2021-04 Nonprofit Funding for Fiscal Year 2021. This ordinance establishes the Borough's findings that a public need does not exist for the properties and classifies it as surplus. KIB Planning and Zoning Resolution No. FY2020-04 shows there is no public need for these properties. As surplus property, these properties could be made available for sale by the assembly at a later date. The properties were acquired by the Borough on October 29, 2014 through the tax year 2012 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. KAVANAUGH moved to amend the main motion by substitution of Version JK. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION OF VERSION JK FAILED THREE TO FOUR: Skinner, Symmons, and Kavanaugh (AYES); Schroeder, Arndt, and Dvorak (NOES). Mayor Roberts broke the tie and voted in opposition of the motion. ARNDT moved to amend the main motion by substitution with Version TA. SKINNER moved to amend the amendment to the main motion to remove $4,000 from Kodiak History Museum and move it to Kodiak Rodeo, reduce KMXT to $4,000, fund St Paul for $1200, and $2,800 into KAMP. ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT TO THE MAIN MOTION CARRIED UNANIMOUSLY: Symmons, Arndt, Dvorak, Kavanaugh, Schroeder, and Skinner. ROLL CALL VOTE ON MOTION TO AMEND THE MAIN MOTION BY SUBSTITUTION OF VERSION TA CARRIED UNANIMOUSLY: Skinner, Symmons, Arndt, Dvorak, Kavanaugh, and Schroeder. Mayor Roberts recessed the meeting at 9:55 p.m. Mayor Roberts reconvened the meeting at 10:00 p.m. 2. Resolution No. FY2021-07 Spending Plan For CARES Funding. KAVANAUGH moved to review and adopt the proposed spending plan for CARES funding and provide direction to the staff for future approval by the assembly. The Borough is entitled to receive $5,792,501 of CARES funding through the State of Alaska. The funds are to be used for COVID19 related expenses and can include grants to other entities (businesses and non -profits) for losses of income, but we are not permitted to use the money for our own losses. To date, we have received $4,836,893. The federal legislation that provided the Kodiak Island Borough Assembly Regular Meeting Minutes July 16, 2020 Page 8 of 16 funding included direction for the Treasury Department to draft guidance applicable to the expenditure and reporting of expenses. Updates to the guidance providing by the Department of Treasury continue to be received, the latest (June 30, 2020) appears to provide some flexibility in actually paying for expenses, not incurring them, after December 30, 2020. We anticipate additional guidance will be forthcoming. In light of the funding available, staff has reviewed our needs, looked at needs within the community and examined what other entities are expending funds on to meet the requirements. Below, is a draft for discussion purposes of potential expenditures: • $1.2M Borough - Physical improvements to building, staff time, leave time, elections, PPE and related supplies, reserve. • $1.OM Non -profits - Losses of income, physical improvements, materials related to their mission, PPE and related supplies. • $1.57M School District - Physical improvement, barriers, custodial staffing, PPE and supplies, distance learning, loss of revenue. • $1.OM Kodiak Economic Development Corporation- Business grant program (Covid 19 impacts and loss of revenue). $1.OM Reserved - Held for additional requests, unknow Fall impacts. The Borough expenses including staffing costs (including the EOC, which might be reimbursed through FEMA disaster), various material supplies used so far as well as future expenses, materials and supplies for the elections, a leave bank in case of an outbreak amongst Staff, and a small reserve for unknown needs. The non -profits have been contacted and requested to submit eligible expenditures but that submission does not end until July 10, 2020. Staff will update the potential amount at that time. The KIBSD has submitted a draft proposal that they are continuing to refine. Their request is attached. The Kodiak EDC has requested funding of $1.0M for a second round of funding to businesses to offset losses. Reserve -At this time, it is unknown what future conditions will be and what needs are anticipated, so it is prudent to hold funds for a few months to better evaluate the local conditions and needs and having funding available to meet those needs. All of the potential costs are generally unknowns at this point and both KIB and KIBSD staff are working to define costs. Staff is requesting general agreement and approval of the funding so that additional work can proceed on further defining costs and operational aspects of all of the entities involved. SKINNER moved to extend the meeting to 11:00 p.m. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, and Arndt. Kodiak Island Borough Assembly Regular Meeting Minutes July 16, 2020 Page 9 of 16 ARNDT moved to amend the main motion by reducing nonprofits by $500,000 and add it to reserves. ROLL CALL VOTE ON MOTION TO AMEND THE MAIN MOTION BY REDUCING NONPROFITS BY $500,000 CARRIED FOUR TO TWO: Skinner, Symmons, Arndt, and Dvorak (AYES); Kavanaugh and Schroeder (NOES). ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED FOUR TO TWO: Dvorak, Kavanaugh, Schroeder, Skinner (AYES); Arndt and Symmons (NOES). KAVANAUGH moved to reconvene the meeting on Monday, July 20, 2020 at 6:30 p.m. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Arndt, Dvorak, and Kavanaugh. ARNDT moved to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The regular meeting of the Kodiak Island Borough Assembly from July 16, 2020 was continued on July 20, 2020 in the Assembly Chambers of the Kodiak Island Borough, 710 Mill Bay Road. The meeting was called to order at 7:00 p.m. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Julie Kavanaugh, Andy Schroeder, Rebecca Skinner, Duane Dvorak, and Dennis Symmons. Also present were Borough Manager Michael Powers, Borough Clerk Alise Rice, and Acting Deputy Clerk Lina Cruz. ARNDT moved to excuse Assembly member Turner who was absent due to a work -related matter. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Ordinances for Introduction 1. Ordinance No. FY2021-03 Determining The Disposition Of Tax Year 2010 Foreclosed Property KIB/Hardy Hofstad Etal 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. KAVANAUGH moved to advance Ordinance No. FY2021-03 to public hearing at the next regular meeting of the assembly on August 6, 2020. This ordinance establishes the Borough's findings that a public need does not exist for this property and classifies it as surplus. KIB Planning and Zoning Resolution No. FY2020-04 shows there is no public need for this property. As surplus property, this property could be made available for sale by the assembly at a later date. This property was acquired by the Borough on January 31, 2013 through the tax year 2010 Kodiak Island Borough Assembly Regular Meeting Minutes July 16, 2020 Page 10 of 16 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Schroeder, Symmons, and Arndt. Clerk's note: Assembly member Skinner joined the meeting late and was not present for this vote. 2. Ordinance No. FY2021-04 Determining The Disposition Of Tax Year 2012 Foreclosed Properties KIB/Marjorie Anderson, and KIB/Alfred Hansen Jr. And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. KAVANAUGH moved to advance Ordinance No. FY2021-04 to public hearing at the next regular meeting of the assembly on August 6, 2020. This ordinance establishes the Borough's findings that a public need does not exist for the properties and classifies it as surplus. KIB Planning and Zoning Resolution No. FY2020-04 shows there is no public need for these properties. As surplus property, these properties could be made available for sale by the assembly at a later date. The properties were acquired by the Borough on October 29, 2014 through the tax year 2012 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Symmons, Arndt, and Dvorak. Clerk's note: Assembly member Skinner joined the meeting late and was not present for this vote. 3. Ordinance No. FY2021-05 Determining The Disposition Of Tax Year 2014 Foreclosed Properties KIB/Edwina Mae Anderson, KIB/Charles F. Lorenson, And KIB/Herman Malutin III, And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. KAVANAUGH moved to advance Ordinance No. FY2021-05 to public hearing at the next regular meeting of the assembly on August 6, 2020. This ordinance establishes the Borough's findings that a public need does not exist for the properties and classifies it as surplus. KIB Planning and Zoning Resolution No. FY2020-04 shows there is no public need for these properties. As surplus property, these properties could be made available for sale by the assembly at a later date. The properties were acquired by the Borough on August 08, 2017 through the tax year 2014 Kodiak Island Borough Assembly Regular Meeting Minutes July 16, 2020 Page 11 of 16 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Arndt, Dvorak, and Kavanaugh. 4. Ordinance No. FY2021-06 Determining The Disposition Of Tax Year 2015 Foreclosed Properties KIB/ Joseph David Henderson Etal, (Two Properties) KIB/Joan Denise Lucas, KIB/Lydia Tania-Bird Malutin, And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. KAVANAUGH moved to advance Ordinance No. FY2021-06 to public hearing at the next regular meeting of the assembly on August 6, 2020. This ordinance establishes the Borough's findings that a public need does not exist for the properties and classifies it as surplus. KIB Planning and Zoning Resolution No. FY2020-04 shows there is no public need for these properties. As surplus property, these properties could be made available for sale by the assembly at a later date. The properties were acquired by the Borough on February 12, 2018 through the tax year 2015 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Arndt, Dvorak, Kavanaugh, and Schroeder. 5. Ordinance No. FY2021-07 Determining The Disposition Of Tax Year 2015 Foreclosed Property KIB/Ada L. And Susan K. Panamarioff, 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. KAVANAUGH moved to advance Ordinance No. FY2021-07 to public hearing at the next regular meeting of the assembly on August 6, 2020. KIB Planning and Zoning Resolution No. FY2020-04 shows there is public need for this property by the City of Kodiak. The City was offered this property per Alaska State Statute Sec 29.45.450. The citv did not purchase the property for the taxes due. Therefore this ordinance establishes that a public need does not exist for this property and classifies it as surplus. As surplus property, this property could be made available for sale by the assembly at a later date. This property was acquired by the Borough on February 12, 2018 through the tax year 2015 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. Kodiak Island Borough Assembly Regular Meeting Minutes July 16, 2020 Page 12 of 16 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Arndt, Dvorak, Kavanaugh, Schroeder, and Skinner. 6. Ordinance No. FY2021-08 Determining The Disposition Of Tax Year 2016 Foreclosed Properties KIB/James Clifford Cole Trust, KIB/Kimberly Edman, KIB/ Dale Stratton, And KIB/John Wick (Two Properties) And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. KAVANAUGH moved to advance Ordinance No. FY2021-08 to public hearing at the next regular meeting of the assembly on August 6, 2020. This ordinance establishes the Borough's findings that a public need does not exist for the properties and classifies it as surplus. KIB Planning and Zoning Resolution No. FY2020-04 shows there is no public need for these properties. As surplus property, these properties could be made available for sale by the assembly at a later date. The properties were acquired by the Borough on February 12, 2018 through the tax year 2015 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, and Symmons. 7. Ordinance No. FY2021-09 Determining The Disposition Of Tax Year 2017 Foreclosed Properties KIB/Ronald Eads, KIB/Arnold and Dorinda Kewan And KIB/Charles Nellist And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. KAVANAUGH moved to advance Ordinance No. FY2021-09 to public hearing at the next regular meeting of the assembly on August 6, 2020. KIB Planning and Zoning Resolution No. FY2020-04 shows there is public need for this property by the City of Kodiak. The City was offered this property per Alaska State Statute Sec 29.45.450. The city did not purchase the property for the taxes due. Therefore this ordinance establishes that a public need does not exist for this property and classifies it as surplus. As surplus property, this property could be made available for sale by the assembly at a later date. This property was acquired by the Borough on February 12, 2018 through the tax year 2015 foreclosure process. The acquisition of this property followed both the Borough and State of Alaska codes regarding the foreclosure process. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, and Arndt. Kodiak Island Borough Assembly Regular Meeting Minutes July 16, 2020 Page 13 of 16 8. Ordinance No. FY2021-12 Of The Assembly Of The Kodiak Island Borough Amending KIBC Title 3 Revenue And Finance, Chapter 3.80.30 Excise Tax On Cigarettes And Tobacco Products. SYMMONS moved to advance Ordinance No. FY2021-12 to public hearing at the next regular meeting of the assembly on August 6, 2020. 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 ORIGINAL This ordinance was sponsored 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 • other tobacco products from 25% to 37.5% of wholesale price ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Symmons, Arndt, and Dvorak. 9. Ordinance No. FY2021-13 Adding A Ballot Proposition At The Next Regular Municipal Election To Be Held On October 6, 2020. DVORAK moved to advance Ordinance No. FY2021-13 to public hearing at the next regular meeting of the assembly on August 6, 2020. An ordinance of the Assembly of the Kodiak Island Borough adding a Ballot Proposition at the next Regular Municipal Election to be held on October 6, 2020, on whether to authorize the Assembly to draw from the Facilities Fund over the next five (5) fiscal years, FY2022 to FY2026, to be applied towards the payment of Borough Bond Debt. ARNDT moved to amend the main motion by changing "grant" to loan. ROLL CALL VOTE ON MOTION TO AMEND FAILED ONE TO FIVE: Arndt (AYE); Skinner, Symmons, Dvorak, Kavanaugh, and Schroeder (NOES). Kodiak Island Borough Assembly Regular Meeting Minutes July 16, 2020 Page 14 of 16 ROLL CALL VOTE ON MAIN MOTION CARRIED FIVE TO ONE: Schroeder, Skinner, Symmons, Dvorak, and Kavanaugh (AYES); Arndt (NO). Mayor Roberts recessed the meeting at 7:55 p.m. Mayor Roberts reconvened the meeting at 8:00 p.m. 10. Ordinance No. FY2021-14 Assembly Of The Kodiak Island Borough Appropriating $---- For Purposes Of Advocating In Favor Of A Ballot Proposition At The October 6, 2020 Regular Municipal Election. KAVANAUGH moved to advance Ordinance No. FY2021-14 to public hearing at the next regular meeting of the assembly on August 6, 2020. SKINNER moved to postpone to the regular August 6, 2020. ROLL CALL VOTE ON MOTION TO POSTPONE: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, and Symmons. Other Items 1. Resolution No. FY2021-09 Authorizing Application and Acceptance Of $270,359.24 Disaster Funding Allocation Associated with The 2016 Gulf Of Alaska Pink Salmon Fishery Disaster. SCHROEDER moved to authorize the Borough Manager to apply and accept when awarded the 2016 Pink Salmon Disaster Funding Allocation in an amount of $270,359.24. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, and Arndt. 2. *Letter of Support for Cook Inlet Regional Citizens Advisory Council Recertification Application. Docket Number USCG-2020-0188. 3. *Letter of Support Alaska Municipal League. 4. *Confirmation Of Mayoral Appointment To The Womens Bay Service Area Board (Mr. Gregory Egle). CITIZENS' COMMENTS The following spoke under citizens' comments: Betty McTavish ASSEMBLY MEMBERS' COMMENTS Assembly Member Dvorak spoke on his concerns regarding CARES nonprofit funding. Kodiak Island Borough Assembly Regular Meeting Minutes July 16, 2020 Page 15 of 16 • Assembly Member Arndt had no comment. • Assembly Member Symmons thanked Betty McTavish and Assembly. • Assembly Member Kavanaugh spoke on her disappointment regarding the CARES funding vote. • Assembly Member Skinner appreciated the public comment and the information the staff provided for the recycling contract. • Assembly Member Schroeder had no comment. ANNOUNCEMENTS The next Work Session of the Assembly is scheduled for July 30, 2020. The next regular meeting of the Assembly is scheduled on Thursday, August 6, 2020 at 6:30 p.m. in the Assembly Chambers. EXECUTIVE SESSION None. ADJOURNMENT ARNDT moved to adjourn the meeting of July 16, 2020 at 8:35 p.m. on July 20, 2020. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK I OROUGH Will ia-m ob rts, ayor Kodiak Island Borough July 16, 2020 Alise L. Dice, Borough Clerk Pr1D Bo� -LASKP► 1 Assembly Regular Meeting Minutes Page 16 of 16