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2021-03-04 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting Bayside Fire Hall March 4, 2021 A regular meeting of the Kodiak Island Borough Assembly was held on March 4, 2021 at Bayside Fire Hall, 4606 Mill Bay Rd. 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, as 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, and Assistant Clerk Mitchell Davidson. APPROVAL OF AGENDA KAVANAUGH moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES • None. CITIZENS' COMMENTS The following spoke under citizens comments: • Chris Bushell • Louis Rocheleau • Dan Rohrer • Kurt Froening AWARDS AND PRESENTATIONS • None COMMITTEE REPORTS: • Assembly member Dvorak reported on the Kodiak Island Borough School District Board of Education special meeting. • Assembly member Kavanaugh reported on the Southwest Alaska Municipal Conference (SWAMC). • Assembly member Williams reported on the Solid Waste Advisory Board (SWAB). PUBLIC HEARING None. Kodiak Island Borough Assembly Regular Meeting Minutes March 4, 2021 Page 1 of 9 J BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Participated in AML call on the current legislative session. The presentation and discussion were pretty doom and gloom. Like most agencies and municipalities, the State has been kicking the can and the end is in sight. • There will be a downward trend on Community development funds, and other funds may be withdrawn. No clear picture on what will happen on school funding or school bond debt reimbursement. • Participated in AML-ECHO call with Dr. Zink. Generally speaking, case counts look good with exceptions for outbreaks in Southeast. • "Vaccinations" continue to be delivered statewide. State will be doing "closeout" follow ups with municipalities as they do their after -action analysis. • Reviewed latest changes in CDC guidance for travel, close contacts, and quarantines. • Follow up on numerous personnel items including disciplinary matter. • No trips or travel planned at this time. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts reported on the following: Mayor Roberts commented on the joint work session with the City of Kodiak. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS A. Contract FY2021-13 Aerial Imagery Acquisition. Motion on the table: " to authorize the Borough Manager to approve Contract FY2021-13." This contract was introduced at the January 21, 2021 regular meeting and postponed to the regular meeting on March 4, 2021. Kodiak Island Borough (KIB) Code 3.30.020 - Limitation on Manager's Authority, states that a contract exceeding $25,000 requires Assembly approval. This is a professional services contract with Pictometry International Corp. dba EagleView in which the contractor will provide the KIB with updated aerial imagery within the Kodiak Island Borough over a six -year period for a total cost of $505,056. Remotely Sensed Imagery is currently utilized by multiple KIB departments and by KIB constituents via disparate means and for various purposes. Imagery has been used in the past to assess remote properties. This is a typical assessing industry practice in which the International Association of Assessing Officers (IAAO) has created guidelines for and can be found in a document titled `Standard on Mass Appraisal of Real Property'. This Kodiak Island Borough Assembly Regular Meeting Minutes March 4, 2021 Page 2 of 9 document, approved in July 2017, notes that "Orthophoto images (minimum 6-inch pixel resolution in urban/suburban and 12-inch resolution in rural areas, updated every 2 years in rapid -growth areas or 6-10 years in slow -growth areas" and "oblique images capable of being used for measurement verification" should be used as an alternative to periodic on -site inspections. In the KIB, on -site inspections of most remote areas are often costly and, in some cases, very difficult or even impossible to perform. Alternative methods are very appropriate in these areas. Fulfilling assessing industry standards requires timely data collection. This can be controlled through temporal resolution, or the ability to collect data when best results can be obtained. In most cases post -disaster imagery must also be collected quickly. To fulfill these requirements, EagleView will collect aerial imagery after snow melts and before leaf out occurs. Additionally, EagleView can usually provide imagery within days or hours of qualifying natural disasters. EagleView's proposal contained an aggregate of value-added products that the other proposals did not offer. These value-added products included 6-inch spatial resolution imagery over the entire collection area (not only the road system), oblique imagery, access to an online tool for viewing imagery in the KIB, and participation in the Disaster Response Program. Paper and digital maps are often created using Imagery as a basemap on which parcels, zoning, tsunami, or other geographic data can be overlayed and viewed. Digital map viewers with imagery basemaps are also created and published online for public, KIB, Kodiak City, etc. use. It is probable that many recently created maps do not reflect what is on the ground as imagery has not been collected since 2018 (Road System only). The use of imagery can lower costs and save time. Imagery can save the KIB money on fuel, transportation (boat, car, and airplane), staffing, etc. If imagery is collected at the same location at two different times the staffing costs will dwindle even further as change detection will highlight areas that assessors, code enforcement, etc. may need to focus on (specifically properties that are difficult to access). Updated imagery can also be used to digitize vector GIS layers (e.g. roads, building footprints, etc.) which is an alternative to collecting data with a GPS unit. Four proposals were received in response to the request for proposal (RFP). Each proposal was accompanied by required imagery samples. Proposals were reviewed by a selection committee consisting of the community development director, the assessing director, and the GIS analyst. The evaluation and selection criteria were made available in the request for proposal. Proposals were scored by each member of the selection committee according to the evaluation and selection criteria and the top scoring proposal was selected. Imagery Samples were provided to the committee by the GIS Analyst. Each imagery sample was given the name of A, B, C, or D (the company name was not provided) to remain fair to each company. Each company was ranked based on the base product proposal. A standardized list of questions was used by the GIS Analyst to contact company references. Answers to all questions were transcribed by the GIS Analyst and were shared with the selection committee members for scoring purposes. EagleView received the highest overall ranking and was selected for this reason. After selection, all bidders were notified and given fourteen days to protest the selection. No protests were received. Kodiak Island Borough Assembly Regular Meeting Minutes March 4, 2021 Page 3 of 9 If the provided contract is approved by the Assembly, EagleView will most likely begin planning for imagery collection in February or March; it will take EagleView two months to prepare for the initial data acquisition. It is important to note that the RFP, evaluation process, and unsigned contract were thoroughly reviewed by the attorney for compliance with KI B code and state law. The official request for proposal, budgetary transaction reports from 2013 to present, examples of all submitted imagery samples, and the scoring matrix have been included in this packet with a few exceptions. Some items have been redacted as requested by Quantum Spatial. ROLL CALL VOTE ON THE MOTION FAILED ONE TO SIX: Dvorak (AYE); Arndt, Kavanaugh, Smith, Symmons, Turner, and Williams (NOES). B. Resolution No. FY2021-29 Authorizing Memorandum Of Agreement With The Alaska Department Of Transportation And Public Facilities For Construction Of The Otmeloi Way Rehabilitation Project. This item was introduced at the January 21, 2021 regular meeting and postponed to March 4, 2021. The Otmeloi Way Reconstruction project has been in the works for many years. This project was initiated when the water and sewer infrastructure was being constructed within Otmeloi Way. Resolution 97-05 documented the Borough's willingness to take over ownership and maintenance of the road if the State improved it to Borough road construction standards. In 2005, the Borough received a $3,300,000 State Legislative Grant for the project which would need to be first spent on a reconnaissance study to determine the scope of work necessary. The Borough E/F staff was short-handed and requested that the grant be administered by the State Department of Transportation. The State commissioned the reconnaissance study and began the planning and design phases. The project includes re -aligning the roadway, re -paving, constructing a separated pedestrian path, and street lighting. Assuming ownership of the roadway requires the ability to also maintain it. In the 2016 local election, property owners within Road Service Area No. 1 and property owners living adjacent to Otmeloi Way voted in favor of altering the boundaries of Road Service Area No. 1 so that the road could be maintained by Road Service Area No. 1 if the Borough were to take ownership of the road. After more than ten years, it was clear that the $3,300,000 would not be sufficient funding for the project. Resolution No. FY2019-23 authorized an application to the Community Transportation Program (CTP) which would supplement the state funding with federal funds. The Borough received notice that CTP funds are approved, and the project was fully funded. To commit the CTP funds and move ahead with construction of the project, the Borough must enter into a Memorandum of Agreement with the State of Alaska. ARNDT moved to postpone for sixty days. Kodiak Island Borough Assembly Regular Meeting Minutes March 4, 2021 Page 4 of 9 ROLL CALL VOTE ON THE MOTION TO POSTPONE FAILED TWO TO FIVE: Symmons and Arndt (AYES); Kavanaugh, Smith, Turner, Williams, and Dvorak (NOES). ROLL CALL VOTE ON THE MAIN MOTION TO AUTHORIZE FAILED THREE TO FOUR: Dvorak, Kavanaugh, and Williams (AYES); Smith, Symmons, Turner, and Arndt (NOES). CONSIDERATION OF CALENDAR - NEW BUSINESS CONTRACTS • None RESOLUTIONS 1. Resolution No. FY2021-31 Conveying Tax Foreclosed Property To The City Of Ouzinkie As Provided In AS 29.45.450. DVORAK moved to approve Resolution No. FY2021-31. On November 4, 2020, the Kodiak Island Borough received the Clerk's Deed for PID19915, the property is located at 4307 Fourth Street Ouzinkie, AK previously owned by Dan Soderberg. Pursuant to Alaska State Statute Sec. 29.45.450, unredeemed property in a city can be deeded to the city upon payment of Borough taxes and costs of foreclosure. The City of Ouzinkie has contacted the Kodiak Island Borough and provided the minutes from the City of Ouzinkie Regular Meeting on January 20, 2021, documenting the foreclosed property was voted to purchase for taxes due by the City of Ouzinkie in the amount of $2,536.40. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Symmons, Turner, Williams, Arndt, Dvorak, and Kavanaugh. 2. Resolution No. FY2021-32 Adopting The Determination Of Population Of The Unincorporated Community Of The Native Village Of Karluk. KAVANAUGH moved to adopt Resolution No. FY2021-32. Each year the Borough receives an application from the Department of Community of Commerce and Economic Development (DCCED) for the Borough and for the Native Village of Karluk to participate in the State's Community Assistance Program (CAP). The eligibility requirements for the Native Village contains two criteria: 1) must have a minimum, permanent population of 25 2) must provide at least three services from a list of seven. For FY22, DCCED's population determination for the Native Village was 22, which is less than the required minimum for participation in the program. Kodiak Island Borough Assembly Regular Meeting Minutes March 4, 2021 Page 5 of 9 Since DCCED uses a statistical method to calculate population, they allow two alternate methods for determining population counts. The Karluk IRA Tribal Council representative contacted staff indicating they were going to submit a completed Head Count Census, which is one of the State --- approved alternative methods. Staff has received a completed census from the Karluk IRA Tribal Council indicating their population is 26 and now the Assembly must adopt a resolution affirming the population census. This resolution will be included with the Native Village of Karluk's application to the State which will satisfy the population requirement for the assistance program. This resolution must be received by DCCED by April 1, 2021. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Symmons, Turner, Williams, Arndt, Dvorak, Kavanaugh, and Smith. 3. Resolution No. FY2021-33 Approving The Native Village Of Karluk And The Karluk IRA Tribal Council As An Unincorporated Community For Participation In The FY22 Community Assistance Program. KAVANAUGH moved to approve Resolution No. FY2021-33. This resolution identifies the Native Village of Karluk as an unincorporated community that meets the Community Assistance Program eligibility criteria established under AS 29.60.865 - AS 29-60- 879 and 3 AAC 180.110. The Native Village of Karluk has 25 residents or more, and that the Karluk IRA Tribal Council provides at least three of the following: fire protection, emergency medical, water and sewer, solid waste management, public road or ice road maintenance and public health or search and rescue services. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, Dvorak, Kavanaugh, Smith, and Symmons. 4. Resolution No. FY2021-34 Conveying Tax Foreclosed Property To The City Of Port Lions As Provided In AS 29.45.450. ARNDT moved to approve Resolution No. FY2021-34. On November 4, 2020 the Kodiak Island Borough received the Clerk's Deed for PI D 20442, the property is located at 135 Kizhuyak Drive, Port Lions, AK previously owned by Judith Clayton. Pursuant to Alaska State Statute Sec. 29.45.450, unredeemed property in a city can be deeded to the city upon payment of Borough taxes and costs of foreclosure. Kodiak Island Borough Assembly Regular Meeting Minutes March 4, 2021 Page 6 of 9 �" The City of Port Lions has contacted the Kodiak Island Borough and provided the minutes from the City of Port Lions Regular Meeting on January 14, 2021 documenting the foreclosed property was voted to purchase for taxes due by the City of Port Lions in the amount of $6,633.58. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Dvorak, Kavanaugh, Smith, Symmons, and Turner. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2021-30 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.145 Solid Waste Advisory Board, Section 2.145.010 Created - Membership Adding An Ex Officio High School Student Representative. ARNDT moved to advance to public hearing at the next regular meeting of the Assembly on March 18, 2021. The Solid Waste Advisory Board has discussed and respectfully requests consideration to update the Borough Code Chapter 2.145 Solid Waste Advisory Board, Section 2.145.010 Created — Membership to allow the addition of a High School Student Representative to participate as an ex officio member of the board. The board has discussed the inclusion of a High School Student representative that can assist in the enhancement of outreach to KIBSD students and youth in our community. The members realize that student interaction and participation in education may be best performed by peers and provides an opportunity to students to take a hands-on role in disseminating materials and ideas related to the citizen roles in solid waste management, waste reduction and recycling efforts. Board member Terri Pruitt has contacted Lindsey Glenn, Student Council Advisor to discuss this inclusion and the response was very positive. At the February 3, 2021 meeting the board was introduced to Miss Bralyn Nixon and Lindsey Glenn who participated in the discussion regarding the request for the creation of this new ex officio position. The present goal is to have students develop educational materials not limited to videos, info graphics, artwork with the goal of having a Kodiak centric flair created by students, for students. This cooperative effort will result in a pathway to stimulate youth to consider not only local issues associated with the environment but realize that local efforts effect the entire planet. The term length shall be one year beginning in April of each year to allow for the organization of the student council and the forwarding of the candidate each year. ROLL CALL VOTE ON THE MOTION CARRIED UANANIMOUSLY: Arndt, Dvorak, Kavanaugh, Smith, Symmons, Turner, and Williams. Kodiak Island Borough Assembly Regular Meeting Minutes March 4, 2021 Page 7 of 9 2. Ordinance No. FY2021-31 Amending Kodiak Island Borough Code, Chapter 4.110, Service Area No. 2, Eliminating The Service Area Board. DVORAK moved to postpone Ordinance No. FY2021-31 to the regular meeting of the Assembly on April 15tn A review of the code has revealed that the Service Area Board for Service Area No. 2, under KI BC 4.110, does not actively operate because the water and sewer services in this area of the Borough are provide by the City of Kodiak. All water, sewer, and infrastructure in Service Area No. 2 was transferred to the City of Kodiak. There is not a need for Service Area No. 2 to actively have a board or operate as an active Service Area so long as the City of Kodiak continues to provide water and sewer services to Service Area No. 2 residents. However, Service Area No. 2 may be needed in the future in the event the City of Kodiak were to cease providing the services dissolving Service Area No. 2 would require a public vote and could leave the area without authority to provide services in the future if needed. ROLL CALL VOTE ON THE MOTION TO POSTPONE CARRIED SIX TO ONE: Dvorak, Kavanaugh, Smith, Symmons, Williams, and Arndt (AYES); Turner (No). OTHER ITEMS 1. Pending Legal Review - Alaska Waste's Requested Changes To Amendment No. 1 Contract No. FY2019-25. KAVANAUGH moved to amend Amendment No. 1 Contract No. FY2019-25 by establishing a date certain of March 15, 2021. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Kavanaugh, Smith, Symmons, Turner, Williams, Arndt, and Dvorak. 2. Letter Of Support To Governor Dunleavy Re: John Jensen Reappointment To The North Pacific Fishery Management Council. ARNDT moved to amend Amendment No. 1 Contract No. FY2019-25 by establishing a date certain of March 15, 2021. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Symmons, Turner, Williams, Arndt, Dvorak, and Kavanaugh. CITIZENS' COMMENTS The following spoke under citizens comments: • Dan Rohrer • Susan Schmeisser Kodiak Island Borough Assembly Regular Meeting Minutes March 4, 2021 Page 8 of 9 ASSEMBLY MEMBER' COMMENTS • Assembly Member Williams commented on assembly contracts and her upcoming SWAMC presentation. • Assembly Member Smith commented on the interplay between contracts and the budgeting process. • Assembly Member Symmons commented on the assembly process. • Assembly Member Kavanaugh had no comment. • Assembly Member Turner had no comment. • Assembly Member Arndt had no comment. • Assembly Member Dvorak commented on the upcoming Tax -Free day and the impacts of shopping local. ADJOURNMENT ARN DT moved to adjourn the meeting. VOICE VOTE ON ADJOURNMENTCARRIED UNANIMOUSLY. The meeting was adjourned at 9:04 p.m. KODIAK ISBOR- G a r P yil m Roberts, Wyor Kodiak Island Borough March 4, 2021 AT T ST: Alise 16,,Rice, Borough Clerk Assembly Regular Meeting Minutes Page 9of9