01/21/2021 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
Teleconference
January 21, 2021
A regular meeting of the Kodiak Island Borough Assembly was held on January 21, 2021 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 via teleconference were Mayor Bill Roberts as were Assembly members Scott Arndt, Duane
Dvorak, Julie Kavanaugh, Dennis Symmons, James Turner, and Aimee Williams. Also present were
Borough Manager Michael Powers, Borough Clerk Alise Rice, and Assistant Clerk Mitchell Davidson.
ARNDT moved to excuse Assembly member Smith who was absent due to a personal matter.
ATTENDANCE BY ROLL CALL: Arndt, Dvorak, Kavanaugh, Symmons, Turner, and Williams.
APPROVAL OF AGENDA
ARNDT moved to approve the agenda.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Symmons,
Turner, and Williams.
APPROVAL OF MINUTES
• None.
CITIZENS' COMMENTS
The following spoke under citizens comments:
• Carl Hertz
• Lavone Shields
• Thomas Lance
AWARDS AND PRESENTATIONS
• None
COMMITTEE REPORTS:
• Assembly member Dvorak reported on the School Board Budget Committee.
• Assembly member Williams reported on the Solid Waste Subcommittee and the executive
session scheduled for later in the meeting.
PUBLIC HEARING
Kodiak Island Borough Assembly Regular Meeting Minutes
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1. Ordinance No. FY2021-26 Amending The Kodiak Island Borough Code Of Ordinances
Title 3 Revenue And Finance Chapter 3.15.030 Public Finance - Budget To Change
The Budget And Capital Program Submittal Date.
ARNDT moved to consider Ordinance No. FY2021-26.
This amendment will change the due date of the borough manager's budget and capital program
from the 30th of April to the 1st of April. It will also change the school district's submission date
from the 30th of April to the 31 st of March.
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 THE MOTION AS AMENDED CARRIED FIVE TO ONE: Kavanaugh,
Symmons, Turner, Williams, and Arndt (AYES); Dvorak (NO).
2. State Of Alaska Alcohol And Marijuana Control Office, License Transfer Application
For Janiese Stevens, License No. 21069, Premises Address: 158 Alimaq Drive,
Kodiak; Three Sisters, LLC (Dba: Wildflower).
ARNDT moved to voice non -protest to the marijuana license transfer application for License No.
21069.
On December 18, 2020, the Kodiak Island Borough Clerk's Office received notification regarding
the attached license application for a retail marijuana store license transfer for Three Sisters, LLC
(dba Wildflower). To protest the approval of this application, pursuant to 3 AAC 306.060, KIB must
furnish the AMCO director and the applicant with a clear and concise written statement of reasons
for the protest within 60 days of the date of the notice (February 19, 2021), and provide AMCO
proof of service of the protest upon the applicant. The Clerk's Office followed KIBC 5.02.040 and
processed the attached application.
To summarize, the Clerk's Office checked with the different borough department directors including
the building official and fire marshal to determine if there was an interest which can be protested
with the approval of the said license issuance. On January 7, 2021, 32 public hearing notices were
sent to property owners with in a 1,500-foot radius of 158 Alimaq Drive. On January 15, a notice of
public hearing was advertised in the Kodiak Daily Mirror.
As of January 12, 2021, the Clerk's Office received no public hearing comments.
Mayor Roberts opened the public hearing.
Seeing and hearing none, Mayor Roberts closed the public hearing and reconvened the regular
meeting.
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January 21, 2021 Page 2 of 10
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Kavanaugh, Symmons, Turner,
Williams, Arndt, and Dvorak.
BOROUGH MANAGER'S REPORT
Manager Powers reported on the following:
• Thanked Staff for their work during his absence.
• Reported on federal funding.
• Reported on happenings at the state and federal level, and how they relate to Borough
business.
• Met with Finance regarding draft budget completion.
• Met with new CEO of Providence. Discussed various projects, interaction needed for
projects, providing updates to the Assembly and project logistics.
• Met with staff regarding LTP and potential overflow (7"+ Rain thru 1/19/21)
• Attended ESC meeting and discussed lower case counts, school protocols and masks,
"Covid fatigue" and related issues. No change in yellow status.
• Attended AML via Zoom with Dr. Zink & team. Everyone is waiting on more vaccines. Kodiak
recognized for partnering with Dr. Koehler for mass appointment dispensing.
• Reviewing McDowell report. Will release draft and ask for any needed changes.
• Met with Fire Protection Area 1 Board. They recommended appointment of chief. Reviewing
with legal counsel. Met with Board chair.
• Lauri Whiddon, HR, announced her retirement effective January 29, 2021.
• Conducted follow ups to previous week's meetings.
• Upcoming: The Manager will not be in attendance for the Work Session of January 28,
2021.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Roberts reported on the following:
• Reported on state vaccine rollout.
• Gave updates on potentially moving assembly meetings to Bay Side Fire Hall during the
pandemic.
CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS
1. Ordinance No. FY2021-07A 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 table Ordinance No. FY2021-07A indefinitely.
Clerk's Note: The motion on the floor is "Move to adopt Ordinance No. FY2021-07A."
Clerk's Note: The property was repurchased by the owner, thereby halting the sale process. This
item was introduced on December 3, 2020 and advanced to public hearing on December 17,
2020. This item was postponed to January 7, 2021. It was then removed from the agenda and is
now before the Assembly again.
Kodiak Island Borough Assembly Regular Meeting Minutes
January 21, 2021 Page 3 of 10
Ordinance No. FY2021-07A is supplementing Ordinance No. 2021-07 to allow the sale of this
property to be exempt from KIBC 18.20.100 and provide the terms and conditions of the foreclosure
land sale of 810 Hillside Drive, formally owned by Ada and Susan Panamarioff.
1. The auction will be by sealed bid.
2. The Finance Director will set the date of the auction.
3. Bidder is to enclose a 10% deposit based on the minimum bid amount shown in the bid packet.
4. The minimum acceptable bid at auction will be the taxes, penalty, interest and fees due
which includes the cost to the municipality of foreclosing and selling the property.
5. This sale is exempt from the requirements of KIBC 18.20.100 and will be conducted as provided
in this ordinance.
KIBC 18.20.100 A. Except as otherwise provided by this title or another provision of law, all
disposal of borough land shall be for the fair market value of the interest disposed of. The
borough may accept in exchange for borough land any consideration of sufficient value not
prohibited by law.
6. The agreement to purchase shall include an obligation for the buyer to remove accumulations
of waste material and bring the property into compliance with Borough code within three months
after closing.
7. The appraised value is $30,000 to $60,000.
8. If no qualifying bids are received, the property may be listed on-line for sale for at least the
minimum bid cost.
9. The property will be considered sold and any right of repurchase by the previous owner will
expire under AS 29.25.470.
10. If the property sells for more than taxes, penalty, interest, and fees due, the KIB will contact
per AS 29.45.480 the previous owner of any excess proceeds from the sale and the manner in
which to claim the proceeds.
11. The Borough will execute and deliver to the buyer of the property a quitclaim deed, without
warranty, which will convey all interest the Borough might have in the real property.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Turner, Williams, Arndt,
Dvorak, and Kavanaugh.
CONSIDERATION OF CALENDAR - NEW BUSINESS
CONTRACTS
1. Contract FY2021-13 Aerial Imagery Acquisition.
ARNDT moved to authorize the Borough Manager to approve Contract FY2021-13.
Kodiak Island Borough (KIB) Code 3.30.020 - Limitation on Manager's Authority, states that a
contract exceeding $25,000 requires Assembly approval.
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January 21, 2021 Page 4 of 10
This is a professional services contract with Pictometry International Corp. d.b.a. 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
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
Kodiak Island Borough Assembly Regular Meeting Minutes
January 21, 2021 Page 5 of 10
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 compar
references. Answers to all questions were transcribed by the GIS Analyst and were shared with ti
selection committee members for scoring purposes. EagleView received the highest overall ranki, _
and was selected for this reason.
After selection, all bidders were notified and given fourteen days to protest the selection. No protests
were received.
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 KIB 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. All provided items
are confidential and should not be released to the public.
DVORAK moved to postpone Contract FY2021-13 to the Assembly Regular Meeting of March 4,
2021.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO TWO: Williams, Dvor2L-
Kavanaugh, and Symmons (AYES); Arndt and Turner (NOES).
RESOLUTIONS
1. Resolution No. FY2021-28 Approving A Federal Program And Capital Project Priority
List.
DVORAK moved to approve Resolution No. FY2021-28.
This is an annual resolution created with assistance from our federal lobbying firm. It identifies
federal programs that are important for our community and capital projects that may qualify for
federal funding.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Symmons,
Turner, and Williams.
2. 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.
ARNDT moved to approve Resolution No. FY2021-29
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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 Resolution No. FY2021-29 to the first meeting in March. (March 4, 2021)
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Kavanaugh,
Symmons, Turner, Williams, Arndt, and Dvorak.
Mayor called for a 5 minute break. 7:50 p.m. to 7:55 p.m.
ORDINANCES FOR INTRODUCTION
1. Ordinance No. FY2021-01G Amending Ordinance No. FY2021-01, FY2021 Budget,
Providing For Additional Expenditures.
DVORAK moved to advance Ordinance No. FY2021-01 G to public hearing on February 4, 2021.
During the Assembly's January 7, 2021 regular meeting, it was requested that staff prepare a budget
amendment to match the grant funds Womens Bay Community Council received from the Kodiak
Community Foundation for playground improvements to the Sargent Creek Park.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Turner, Williams, Arndt,
Dvorak, and Kavanaugh.
Mayor Roberts recessed the meeting at 7:50 p.m.
Mayor Roberts reconvened the meeting at 8:01 p.m.
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OTHER ITEMS
Confirmation Of Mayoral Appointments To The Different Boards, Committees, And
Commissions.
ARNDT moved to confirm the following mayoral appointments: Frank Fish to the Monashka Bay
Road Service Area, for a term to expire December 2022 and Andie Wall to the Solid Waste Advisory
Board, for a term to expire December 2023.
On December 22, 2020, the Clerk's office received an application from Ms. Andie Wall to the Solid
Waste Advisory Board which currently has one vacant seat for a term to expire December 31, 2023.
On December 29, 2020, the Clerk's office received an application from Mr. Frank Fish to the
Monashka Bay Road Service Area Board which currently has three vacant seats. One seat to expire
December 31, 2022 and two seats expiring December 31, 2021.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, Dvorak,
Kavanaugh, Symmons, and Turner.
CITIZENS' COMMENTS
• None
ASSEMBLY MEMBERS' COMMENTS
• Assembly Member Kavanaugh — Reported on North Pacific Fisheries council and the
challenges of the fishing communities in response to cannery shutdowns.
Assembly Member Turner had no comment.
• Assembly Member Dvorak had no comment.
• Assembly Member Arndt discussed potential Staff restructuring at the retirement of HR Director
Laurie Whiddon.
• Assembly Member Williams thanked HR Director Laurie Whiddon for her 27-years of service.
• Assembly Member Symmons thanked KMXT for streaming the meeting.
EXECUTIVE SESSION
1. Solid Waste Contract FY2019-25 Conference With Borough Attorney, Scott Brandt-
Erichsen.
DVORAK moved to convene into executive session under the authority of KIBC 2.30.030 (F)(1)(a) to
discuss Solid Waste Contract No. FY2019-25, a matter in which immediate public knowledge of could
affect adversely the finances of the Borough and receive legal advice from the Borough's counsel.
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ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Williams, Dvorak, Kavanaugh, and
Symmons (AYES); Arndt and Turner (NOES).
DVORAK moved to invite the Mayor, Assembly, Borough Manager, Engineering and Facilities
Director, Projects Manager, Borough Clerk, and Borough Attorney into Executive Session.
ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Arndt, Dvorak, Kavanaugh,
Symmons, and Williams (AYES); Turner (NO).
After the vote, Mayor Roberts recessed the regular meeting at 8:16 p.m. and convened into executive
session.
Upon returning from the executive session, Mayor Roberts reconvened the regular meeting at 8:47
p.m.
WILLIAMS moved to release Amendment No. 1 to Contract No. FY2019-25 to the public.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Dvorak, Kavanaugh, Symmons,
Turner, Williams, and Arndt.
DVORAK moved to disband the Solid Waste Subcommittee of the Kodiak Island Borough Assembly.
ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Kavanaugh, Symmons, Turner,
Williams, Arndt, and Dvorak.
TURNER moved to release all executive session documents pertaining to the amendment to the
Solid Waste Contract, including the attorney's legal opinion cancelling the contract.
ARNDT moved to amend the motion to read: "moved to release the executive session documentation
and the attorney's opinions on the Solid Waste Contract for FY2019-25 for release after the vote of
the assembly on February 41h."
WILLIAMS moved to postpone the amended motion until after the vote on Amendment No. 1 to
Contract No. FY2019-25 at the Regular Meeting of the Assembly on February 411.
ROLL CALL VOTE ON THE AMENDMENT TO THE AMENDED MOTION TO POSTPONE THE
AMENDED MOTION UNTIL AFTER THE VOTE ON AMENDMENT NO. 1 TO CONTRACT NO.
FY2019-25 AT THE REGULAR MEETING OF THE ASSEMBLY ON FEBRUARY 4 2021 CARRIED
FIVE TO ONE: Turner, Williams, Arndt, Dvorak, and Kavanaugh (AYES); Symmons (NO).
ROLL CALL VOTE ON MOTION TO POSTPONE THE AMENDED MOTION UNTIL AFTER THE
VOTE ON AMENDMENT NO. 1 TO CONTRACT NO. FY2019-25 AT THE REGULAR MEETING OF
THE ASSEMBLY ON FEBRUARY 4, 2021 CARRIED UNANIMOUSLY: Williams, Arndt, Dvorak,
Kavanaugh, Symmons, and Turner.
ANNOUNCEMENTS
Kodiak Island Borough Assembly Regular Meeting Minutes
January 21, 2021 Page 9 of 10
None.
ADJOURNMENT
SYMMONS moved to adjourn the meeting.
VOICE VOTE ON ADJOURNMENT
The meeting was adjourned at 9:07 p.m.
i iam Voberts, rilay7or
Alise L.`Rice. Borouoh Clerk
NNDcl
BC
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