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2021-07-01 Regular MeetingKodiak Island Borough Assembly Regular Meeting Assembly Chambers 710 Mill Bay Road July 1, 2021 A regular meeting of the Kodiak Island Borough Assembly was held on June 17, 2021, 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, Dennis Symmons, James Turner, and Aimee Williams. Also, present were Borough Manager Michael Powers, Borough Clerk Alise Rice, and Deputy Clerk Lina Cruz. Unexcused absence: Assembly member Dvorak, Kavanaugh and Smith. No motion was made to excuse the absent members. APPROVAL OF AGENDA ARNDT moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS The following spoke under citizens' comments: • Judi Kidder • Matt VanDale AWARDS AND PRESENTATIONS A. Proclaiming July 4, 2021, As Independence Day. COMMITTEE REPORTS • Assembly Member Symmons spoke about the Chiniak Library Grand Opening. • Assembly Member Williams reported on the Cooperative Relations Committee meeting on July 30, 2021. PUBLIC HEARING Kodiak Island Borough Assembly Regular Meeting Minutes July 1, 2021 Page 1 of 7 A. Ordinance No. FY2022-03 Initiating A Ballot Measure for The October 5, 2021, Regular Municipal Election, Establishing A Parks and Recreation Service Area Including The Road Accessible Areas Of The Borough Outside Of The City Of Kodiak To Provide For Non-Areawide Parks And Recreation Facility Construction Maintenance And Operation. ARNDT moved to adopt Ordinance No. FY2022-03. WILLIAMS moved to postpone Ordinance No. FY2022-03 to the regular assembly meeting of August 5, 2021. Mayor Roberts opened the public hearing. CITIZENS' COMMENTS The following spoke under citizens' comments: • Judi Kidder • Duane Dvorak Mayor Roberts closed the public hearing and reconvened the regular meeting. June 18th Update: This Ordinance was introduced at the June 17th regular meeting. Two versions were reviewed by the assembly Version A was advanced to public hearing. This ordinance will be referenced as FY2022-03. June 17th introduction: The attached ordinance versions are both related to a proposal to modify the existing non- areawide Parks & Recreation authority adopted by the Kodiak Island Borough, and approved by ballot measure, in 1976. The Parks & Recreation Committee was created in 1982, some six years later, and it exists as an advisory committee that submits its recommendations for recreational priorities through the Planning and Zoning Commission prior to coming before the assembly. In addition, the Parks & Recreation Committee is appointed by the mayor rather than elected to serve. such as would be the case for a service area board. While the exercise of non-areawide Parks & Recreation authority has largely been as a vehicle for pass -through grants, a certain amount of general fund money is spent each year providing staff support for the Parks & Recreation Committee. In addition, general fund money has been used for annual and seasonal grounds maintenance and playground equipment repairs. Another example would be the 2011 KIB Road System Trails Plan, which was also paid for with general fund monies. The goal of the proposal is twofold. First, taking the annual and recurring costs of Parks & Recreation activities out of the general fund budget. Secondly, creating an elected service area board that can more directly be responsive to, and representing the wishes of, service area residents. The new Parks & Recreation Service Area Board could then make recommendations to the assembly, similar to other service area boards. The borough attorney has reviewed the original ordinance draft, produced by assembly member Dvorak, and produced the two attached ordinance drafts for assembly consideration. The first alternative, which aligns most closely with Mr. Dvorak's intent, would require a ballot measure to Page 2 of 7 establish a Parks & Recreation Service Area roughly encompassing the road system and eliminating the remainder of the current non-areawide jurisdiction, which is largely comprised the of the Kodiak National Wildlife Refuge. The second alternative is more straight forward and would not require a ballot measure. It would establish a non-areawide Parks & Recreation Service Area Board for the existing non-areawide jurisdiction encompassed by the 1976 ballot measure approved by voters. Version A is a bit more complicated and might be difficult to explain to voters. The benefit would be to eliminate most remote properties and inholdings of the refuge, which are unlikely to benefit from road system recreation facilities, from paying a service area tax levy. The 'Road System" would be generally east of a line from the head of Sharatine Bay to the head of Hidden Basin. Version B would simply create a Parks & Recreation Service Area Board to address the existing non-areawide jurisdiction as originally adopted in 1976. It would allow every resident outside of the incorporated communities to vote for or run for service area board seats, similar to the manner in which other service area boards operate. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED TWO TO TWO: Arndt and Symmons ROLL CALL VOTE ON MAIN MOTION FAILED TWO TO TWO: Symmons and Arndt (NOES); Turner and Williams (AYES). B. Ordinance No. FY2022-04 Initiating A Ballot Measure for The October 5, 2021, Regular Municipal Election, Which, If Passed By The Voters, Would Amend The Kodiak Island Borough Code To Provide For An Area Wide Authority To Fund Post -Secondary Education Programs Provided By Kodiak College As Part Of The University Of Alaska System Located Within The Kodiak Island Borough, Subject To A One -Tenth Of A Mill Tax Levy Limit. ARNDT Moved to adopt Ordinance No. FY2022-04. Mayor Roberts opened the public hearing. CITIZENS' COMMENTS The following spoke under citizens' comments: • Judi Kidder • Nick Szabo • Duane Dvorak Mayor Roberts closed the public hearing and reconvened the regular meeting. July 1st Update: Draft changes from assembly member Turner, Ordinance No. FY2022-04 Initiating A Ballot Measure for The October 5, 2021 Regular Municipal Election, Which, If Passed By The Voters, Would Amend The Kodiak Island Borough Code To Provide For An Area Wide Authority To Fund Post -Secondary Education Programs Provided By Kodiak College and Kodiak Seafood and Marine Science Center as Part Of The University Of Page 3 of 7 Alaska System Located Within The Kodiak Island Borough, Subject To A One -Tenth Of A Mill Tax Levy Limit. The attached ordinance draft is co -sponsored by assembly members Dvorak and Turner. This is an alternative approach determining local funding for Kodiak College and Kodiak Seafood and Marine Science Center. This ordinance is based on the post -secondary funding approach taken by the Kenai Peninsula Borough. June 1811 Update: This Ordinance was introduced and advanced to the next regular meeting on July 1st. June 17th Introduction: The attached ordinance draft is co -sponsored by assembly members Dvorak and Turner. This is an alternative approach determining local funding for Kodiak College. This ordinance is based on the post -secondary funding approach taken by the Kenai Peninsula Borough. The ordinance proposes to put a ballot measure before the voters of Kodiak that, if ratified, would designate a 1/10 mil of financial support towards post -secondary education in Kodiak. Utilizing this approach, the Kenai Peninsula Borough provided more than $12,000,000 to the University of Alaska between 1992 and 2018 — an average of roughly $430,000 per year. Every year the assembly listens to public testimony in support of post -secondary education. The results have been inconsistent and largely affected by last-minute, short-term considerations. Presenting this matter to the voters may result in reduced assembly time and effort each budget cycle. Likewise, post -secondary education services would be enhanced through the assurance of minimum level funding each year. The purpose of this ballot measure is to determine the appropriate process and level of support for post -secondary education. It is not intended to be a referendum on the merits of post- secondary education. ROLL CALL VOTE ON MOTION Turner, Symmons, Arndt (NOES); Williams (AYE). BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Flooding -Bells Flats -once again flooding in various homes along the alluvial plain. A lot of misinformation out there regarding the Borough's efforts (or lack thereof) in the past. The last couple of times this has come up the Borough Assembly hasn't directed any particular action although I did have the resource management officer working on it until her departure. We have provided sandbags. Member Kavanaugh and I toured the area and the Clerk's office has distributed photos. I had previously contacted the Borough Attorney regarding our authority (or lack thereof) regarding long-term improvements and am awaiting his input. • State Budget -The legislature approved a budget. The funding sources are a mishmash and there is a potential for debt service not being funded at the levels expected. There will be a special session in August which may affect the funding. The Governor will be holding a press conference on July 1, 2021, after the release of this report. Page 4 of 7 • Fireworks -Received several calls about our provisions for allowing fireworks. • Personnel -Recruitments ongoing for numerous positions. Will be bringing candidates to Kodiak for the Bayside Chief Recruitment. Still looking to fill positions in Community Development and Engineering & Facilities. • Met with the Borough Attorney regarding an employee arbitration, memo from the Borough Attorney forthcoming and an Executive Session to be scheduled. • Assessing Department - Will be meeting with KANA to discuss their assessed values. Upcoming • No off -island travel planned. Will be taking time off in July. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts reported on the following: • Spoke on an ad -hoc committee about non-profit funding distribution. Shared his intention to direct the borough to send out a funding questionnaire, and he solicited assembly members to serve in assessing those questionnaires. • Announced the availability of the 2021 Kodiak Economic Profile & Pandemic Impact Analysis, the 2016 Kodiak Economic Profile, and the Annual Report on Assessment and Taxation. • Announced the availability of Candidacy Packets for the October 51h, 2021 KIB municipal election. • Requested KIB citizens use fireworks responsibly. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS CONSIDERATION OF CALENDAR - NEW BUSINESS CONTRACTS A. Contract No. FY2022-01 With Jacobs Engineering For Kodiak Leachate Treatment Plant Upgrades Final Design In An Amount Not To Exceed $158,400. ARNDT moved to authorize the Borough Manager to sign and execute Contract No. FY2022-01 in an amount not to exceed $158,400. This contract is for the completion of the design currently at 30% for the LTP pretreatment system and building. The deliverables to be provided are design drawings, specifications, design basis report, and cost estimate. The purpose of the upgrade is to introduce a pretreatment system that will remove calcium carbonate scale that is impacting the plant. Major components of the system include the 900 ft2 pre-engineered metal building addition, in -tank aeration to increase the leachate pH to induce precipitation of scale, and an inclined plate clarifier to capture and remove the scale. Collected calcium carbonate sludge will be pumped and dewatered in the existing belt filter press. The Kodiak Island Borough (KIB) Leachate Treatment Plant (LTP) has been experiencing scaling of equipment, tanks, and piping throughout the membrane bioreactor process. The scaling has been directly associated with the chemical changes to the leachate since the initial sampling occurred in the period from 2005 through 2008 during the Lateral Expansion design process. Page 5 of 7 The calcium carbonate scaling is directly related to the release of calcium from multiple years of accepting sanitary sludge that was augmented with large quantities of lime for the vector control required for the transport of the sludge product. As part of a multiple phase study to resolve the issues associated with the Landfill and LTP permit requirements, staff has initiated investigation of pretreatment options to remove the scale from the leachate. Laboratory testing and geochemical modelling have shown that the calcium carbonate scaling can be reduced by inducing precipitation to occur before the treatment process through aeration of the leachate in an aeration tank. Aeration will also provide mixing energy to prevent precipitation from falling out of solution and settling as well to provide a more uniform leachate to the treatment process. A lamella plate clarifier will be inserted into the treatment process to capture the precipitated solids in the leachate. This will be located after aeration tank and before the fine screens. With the addition of the two pieces of equipment will help rectify the scaling problem that has been seen throughout the plant. Past sampling also shows that the leachate is phosphorus (P) deficient. This is an important nutrient in the biological treatment process that allows nitrification/denitrification to occur. Pretreatment aeration will change the chemistry of the water and will allow phosphoric acid to remain in a dissolved, bioavailable form. Bench scale testing with leachate and parallel investigation with a water quality model have demonstrated this potential. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Symmons, and Turner. RESOLUTIONS A. Resolution No. FY2022-02 Declaring Crayfish A Threatening Invasive Species To Increase Public Awareness And Expand Funding Opportunities To Regulate The Population. ARNDT moved to approve Resolution No. FY2022-02. Signal crayfish (Pacifastacus leniusculus) have a long and established history of being an economically costly and environmentally devastating invasive species throughout the world in areas that they have been legally and/or illegally introduced. The first signal crayfish observed in Kodiak was reported in Buskin Lake in 2002. Since that initial report, sightings have steadily increased, including within the upriver areas of the Buskin River. There have not been any confirmed reports from areas outside Buskin Lake or River, but repeated studies and surveys indicate the signal crayfish population is healthy and thriving in the Buskin Watershed. In other areas with invasive signal crayfish, particularly the United Kingdom, severe impacts to Atlantic salmon survival and rearing success have been documented, including predation of eggs and fry. There is great concern that signal crayfish can have similar impacts to our salmon species present in the Buskin Watershed. Among the most effective (and least costly) methods to control Page 6 of 7 invasive crayfish populations and mitigate their threats to local economies and ecosystems are public outreach, education, and civic engagement. This Resolution would increase awareness of this invasive species and the local impacts it may be causing, as well as increasing opportunities for Kodiak's management agencies, organizations, and Tribal Governments to successfully compete for grant funding to help control and limit further spread of invasive signal crayfish already present in the Kodiak Island Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Symmons, Turner, and Williams. ORDINANCES FOR INTRODUCTION OTHER ITEMS A. MANAGER RECRUITMENT The attached documents include a proposed recruitment mail -out, the current KIB Manager's job description, example of Manager job descriptions from other 2nd class boroughs and a compilation of proposed advertisements based on the most recent Manger recruitment. CITIZENS' COMMENTS The following spoke under citizens' comments: • Judi Kidder ASSEMBLY MEMBER' COMMENTS • Assembly Member Symmons expressed his appreciation of Assembly member Turner's participation. • Assembly Member Arndt wished everyone a happy 411 of July. • Assembly Member Williams spoke on the nonprofit application. • Assembly Member Turner encouraged others to run for office this year. Spoke on the NFIP and encouraged the borough to explore this program. ADJOURNMENT ARNDT moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting adjourned at 8:00 p.m. ATTEST: Alise L. Rice, Borough Clerk Page 7 of 7