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01_FKODIAK ISLAND BOROUGH Assembly Regular Meeting August 2009 regular meeting of the Kodiak Island Borough Assembly was held on ThursdayAugust2009intheAssemblyChambersoftheKodiakIslandBoroughBuilding710MIIIBayRoadThe meeting was called to order at 730 p.m The invocation was given by Captain John Quinn of the Salvation Army Mayor Selby led thePledgeofAllegiance Present were MayorJerome Selby Assembly members Pat Branson Jerrol Friend Judy FuipDaveKaplanChrisLynchandLouiseStutesStaffmemberspresentwereManagerRick Gifford Community Development Director Bud Cassidy Engineering and Facilities Director Woody Koning Finance Director Karl Short Deputy Clerk Marylynn McFarland and Assistant Clerk Jessica Kilbom BRANSON moved to excuse Assembly member Jeffrey who was out on personal leave VOICE VOTE ON MOTIONCARRIED UNANIMOUSLY APPROVALOF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OFMINUTES Regular Meeting Minutes of June 2009 and July 2009 and Special Meeting Minutes ofJune252009andJuly2009wereapprovedundertheconsentagenda AWARDSAND PRESENTATIONS CITIZENS COMMENTS Pam Foreman Parks and Recreation Committee ViceChair spoke in favor of Contract FY2O1O13 COMMITTEE REPORTS Assembly member Stutes reported on the Providence Kodiak Island Counseling Center Advisory Council meeting Assembly member Kaplan reported on the activities of the Parks and Recreation Committee Assembly member Branson reported That the Providence Alaska Region Board will hold boardandcommunitymeetingonTuesdaySeptember222009 PUBLIC HEARING Ordinance No FY2O1O-03 Authorizing the Borough to issue General Obligation Bonds in the Principal Amount of not to Exceed $76310000 to Finance the Planning Design and Construction of School and Related Capital Improvements in the Borough Including Without Lirnftatjan the Reconstruction and Renovation of the Kodiak HighSchool and to Submitthe Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 2009 Regular Borough Election Kodiak Island Borough Assembly Minutes August 2009 Page 712 KAPLAN moved to adopt Ordinance No FY2O1O-03 Mayor Selby noted thatsubstituted version of Ordinance No FY2O1O-03 which included corrections that were made at the last Assembly work session was provided to the Assembly The Kodiak Jsland Borough School District KIBSD desired to renovate the Kodiak High School and construct additional facility space EdUcational requirements had changed since Kodiak High School was originally constructed in 1966 as regional educationcenter The instructional space available for Kodiak High School did not support the instructional programs which were needed to preparehigh schoolstudents for success in theworld marketplace The state debt service reimbursement planprovided that the State of Alaskawould reimburse the Borough for not less than 60%of debtservice on the eligible portion of bonds authorized by the qualified voters of the Boroughbetween October 2006and November 302010 to pay costs of school construction additions to schools and major rehabilitation projects Total principal and interest costs would be $120465845 after state reimbursement of approximately60%the total cost to the Borough Wouldbe $48186338 and could require mill rate increase of 264 mills KIBSDs educationalmission was severely compromised by facility limitations at the high school KIBSD Superintendent McDonald provided the Assembly with additionalinformation regarding the ordinance He spokeon the needs of thestudents and the community to meet theeducation requirements provided at the high school facility FRIEND moved to amend Ordinance No FY2OIO-03 by substitution ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY Fulp Kaplan Lynch Stutes Brarison and Friend Mayor Selby opened the public hearing Bob Brodie Carson Schick Arne SchickAngela Eastman Jesse Laird Solveig Christenson Peggy Tuttle Nick Watkins andRoger Estelle spoke in favorof Ordinance No FY2O1O-03and commentedon the health safety and education concerns facing KHS students Isa Stihi Wirz and Charlie Davidson urged the Assembly to support Ordinance No FY2O1O-03 Mary Forbes spoke in support of Ordinance No FY2O1O-03and commended KHS students for speaking to the Assembly in support of the ordinance Mayor Selby closedthe public hearing Assembly members Branson Kaplan and Stutes commended the communitys involvement in support of Ordinance FY2O1D-03 ROLL CALL VOTE ON MAIN MOTIONAS AMENDED CARRIEDUNANIMOUSLY Friend Fuip Kaplan Lynch Stutes and Branson Kodiak Island Borough Assembly Minutes August 2009 Page 713 Ordinance No FY2O1O-04 Authorizing the Borough to tssue General Obligation Bonds inthePrincipalAmountofNottoExceed$12500000 to Finance the Planning Design1 and Construction of Renewals and Replacements of Borough Facilities and to Submit theQuestionoftheIssuanceofSuchBondstotheQualifiedVotersoftheBoroughattheOctober2009RegularBoroughEIection KAPLAN moved to adopt Ordinance No FY2O1O-04 The Borough currently owned over $200000000 worth of buildings as reflected on the valueslistedontheinsuranceschedulesThenumberdidnotincludethecostofthelandorsiteimprovementsPartofthecostofownershipwastorenewandlorreplacepartsofthese buildings The prceeds of the bond $12500000 equaled 6.25%of the current value of the buildings It was in thebest interest of the Borough to keep the buildings properly maintainedanddeferredmaintenancewouldcostmoreinthelongrunApproximately73%of the buildingswereschoolbuildingswhichqualifiedfor70%debtreimbursement from theState of AlaskaTotalprincipalandinterestcostswouldbe$19841337 after state reimbursement of approximately 51%the total cost to the Borough would be $10138923 and could require mill rate increase of .53 mills Engineering and Facilities Director Koning provided additional information regarding OrdinanceNoFY2OIO-04 Mayor Selby opened the public hearing Bob Brodie spoke in support of Ordinance No FY2O1 0-04 SolveigChristenson requested clarification be provided to voters about the specificsof eachbondordinancesothatitwasunderstoodthattheordinancesweretwodistinctissues Mayor Selby closed the public hearing Mayor Selby noted that there were no overlaps of either the two ordinances or thefunds thatwouldbepassedbyvotersanddirectedstafftoprovideinformationtothepublicshowingprobableratethatthebondswouldbesoldat Assembly members spoke in favor of clarification of the two ordinances so the public would clearly understandthe two ordinances were separate issues ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Kaplan Lynch Stutes BransonFriendaridFuip BOROUGH MANAGERS REPORT Manager Gifford reported the following Reported on the results of the Junk Vehicle Disposal program Provided an update on the construction projects Recommended cancelling the work session of August 13and the regular meeting of August 20 due to lack of items for the agenda Consensus of the Assembly was given Assembly member Friend asked that information be provided to property owners of theWoodlandAcresSubdivisionregardingdevelopmentissuesduetothepavingofthesubdivisionsroads Kodiak Island Borough Assembly Minutes August 2009 Page 714 MESSAGES FROM THE BOROUGHMAYOR Mayor Selby reported on his attendance at theNational Association of Counties NAC0 Annual Conference Proposed resolutions and platform changes presented at the conference were made availableto the Clerks office Mayor Selbyprovided explanation an the proposed changes to the Clean Waters Act which would affectfuture developmentnear creeks and streams in the Kodiak area He also reported that there would be local legislative delegation that would be traveling to Washington D.C to meet with the Borough lobbyists and Alaska congressionaldelegation UNFINISHED BUSINESS None NEW BUSINESS Contracts Amending theMotion Previously Adopted at the July 16 2009 RegularMeeting on ContractNoFY2Q1O-01 Kodiak Island Borough Facilities Fuel Oil Delivery BRANSON moved to amend the motion adopted at the July 16 2009 regular meeting authorizing the manager to execute Contract No FY2OIO-01 with Petro Star inc of Kodiak Alaska for three year contract based on margin FROM $J above the weekly average of the posted Seattle OPJS price TO above the weekly average of the posted Seattle OPIS price Contract No FY2O1O-01 was approved by the Assembly on July 16 2009 under the consent agenda What was reflected on the agenda statement summary was correct however the motion that was indicated in the original agenda statement was incorrect andneeded to be corrected for the record ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Lynch Stutes Branson Friend FuIp and Kaplan 13 Contract No FY2O1O-13 Kodiak Road System Trails MasterPlan KAPLAN moved to authorize the manager to execute Contract No FY2OIO-13 withAIta Planning and Design of Portland Oregon for the Kodiak Road System Trails Plan in the amount not to exceed $128013 Assembly member Lynch declared conflict of interest regarding thecontract becauseshe was part of the design team Mayor Selby ruled in favorof the declaration andasked AssemblymemberLynchtostepdownfromthedais Parks and Recreation Committee members worked through the process of selecting contractor to perform the Road System Trails MasterPlan Nine planning firms responded to the Boroughs Request for Proposals RFP Three firms were short listed and travelled to Kodiak to participate in an interview process where they were rated and ranked After the interview process the Committee chose ALTA Planning and Design to perform the work ALTA had strong background of trails planning and included on its team was Mr Mall Hastie who had developed successful public participation program and project website for theKlB Comprehensive Plan that was completed duringpast years Funds for the planning project would include primary funding through the Community Development Departmentbudget and State of Alaska ClAP grant of $23500 which included another $80000 to improve or harden various trails with what wasknown as geo-block It Kodiak Island Borough Assembly Minutes August 2009 Page 715 was noted that much of the preliminary workhadbeen performed by the Borough which wouldreducetheultimatepriceofthecontract ROLL CALL VOTE ON MOTION CARRIED UNANiMOUSLy Stutes Branson Friend FuIpendKaplan Contract No FY2OI 0-14 KodiakSchools Mechanical Electrical and Plumbing EquipmentSeismicUpgrades BRANSON moved to authorize the manager to execute Contract No FY2O1O-14 with ParkhurstMechanicalLICfortheKodiakAreaSchoolsMechanicalElectricalandPlumbingSeismicUpgradesinanamountnottoexceed$127340 The contract was for the KodiakArea Schools Mechanica Electrical and Plumbing SeismicUpgradesasshownonconstructiondocumentspreparedbyJensenYorbaLollIncTheprojectwastobefundedinpartbyFEMAHMGPGrantintheamountof$132249 and other fundsweretobedeterminedBidswerereceivedinresponsetoKIBsInvitationtoBiddatedJune262009ParkhurstMechanicalLLCwasthelowbidderfortheproject ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Branson Friend FuIpKaplanLynchandStutes Resolutions None Ordinances for Introduction Ordinance No FY2O1O-tJ5 Amending Kodiak Island Borough Code Title Revenue andFinanceChapter3.05 Fiscal Policy Section 3.05.030 Debt Policies KAPLAN moved to adopt Ordinance No FY2O1 0-05 in first reading to advance to public hearingatthenextregularAssemblymeeting The ordinance would update the debt policies of the Borough The Borough had veryconservativedebtpolicyandinmanywaysitmadesensetonothaveitsorestrictiveThereasonsforthiswere The State of Alaska generally reimbursed the Borough for 60 to 70%of its debt Under the Governmental Accounting StandardsBoard GASB theState reimbursementwasnotconsideredinthenetbondeddebtcalculationbutwasveryrealcommodityGeneralFundexpendituresmadeup-a very small percentage of total Borough revenuesThefinancialstabilityoftheBoroughwasfurtherenhancedbytheFacilitiesFundwhich did not exist when the policies were originally adopted The ordinance would change thenetdebt as percentage of the estimatedmarket value of taxable property from live percent to fifteen percent The International City/County ManagementAssociationICMAinitspublicationEva/uating Financial Condition recommended that governments net debtshould not exceed10 percent and what was left out of theformula was the large amount of State reimbursement for the Boroughs debt The ordinance would remove the paragraph stating The ratio of debtservice expenditures as percent of governmental fund expendituresshouldnot exceed20 percear Generally the ratiowasfordebtserviceexpenditurescomparedtogovernmentalrevenuesThegeneralfundinthe Borough was very small part of its total operations Kodiak Island Borough Assembly Minutes August 2009 Page 716 ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE Friend Fuip Kaplan Lynch and Branson Ayes Stutes No Other ttems Declaring Seat on the Solid Waste Advisory Board Vacant This item was approved under the consent agenda Mr Rick Pillans verbally advisedthe Clerks Office on July 14 2009 of his resignation from the Solid Waste Advisory Board The Assembly accepted with regret the resignation of Mr Pillans for term to expire December 31 2009 fromthe Solid Waste Advisory Board and directed the Borough Clerk to advertise the vacancy per Borough Code Assembly Approval of Vacation in Accordance With KIBC 16.40 and KIBC 16.60 to Allow 10-Foot Wide Utility Easement Over Lot 1A US Survey 3466 Originally Created by Plat 80-22 and the Vacation of Portion of Driveway and Utility Easement Located Over Portionof the Same Lot Case S09-021 BRANSON moved to approve the vacation of 10-foot wide utility easement over Lot IA U.S Survey 3466 orIginally created by Plat 80-22 and the vacation of portion of driveway and utility easement located over portionofthe same lot The petitioner requested the vacation of 10-foot utility easement located on portion of land that was acquired fromthe Borough in 2008 The easement was located in an area where the petitioner was planning to build residential addition In addition portion of the driveway and utility easement was to be vacated which was no longer necessary to serve the petitioners lot since they had acquired the portion of landfromthe Borough on which the portion of easement was located The Planning and Zoning Commission at its July 15 2009 regular meeting agreed with the request to vacate the easementsand recommended approval to the Assembly based on the condition of approval that thevacation would be reviewed and approved by the Assembly prior to the granting of final plat approval ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Fuip Kaplan Lynch Stutes Brarison and Friend Declaring Seat on theService Area No Board Vacant This item was approved under the consent agenda Ms Sharon Lea Adinolfi submitted letter of resignation from theService Area No Board on July 242009 for term to expire October 2011The Assembly accepted with regret the resignation of Ms Adinolfi for term to expire October 2011 from theService Area No Board and directed the Borough Clerk to advertise the vacancy per Borough Code CITIZENS COMMENTS Pam Foreman thanked the Assembly for approving Contract No FY2O1 0-13 ASSEMBLY MEMBER COMMENTS Assembly member Lynch had no comment Assembly member Stutes thanked The public for testifying on issues that were presented to the Assembly and commended thestudents who spoke in support of Ordinance No FY2O1 0-03 Kodiak Island Borough Assembly Minutes August 2009 Page 717 Assembly member Friend spokeon the new street lighting onRezanof Drive and thanked allwhoparticipatJintheprojectandthankedthestudentsandpublicfortestifyingonOrdinanceNoFY2010-03 Assembly member Kaplanwished everyone great weekend Assembly member Fuip spoke on local reunions that were being held thanked CDD DirectorCassidyforactingastheAdministrativeOfficialintheabsenceoftheManagerthankedManagerGiffordforsubmiftingthelettertotheStateurgingre-painting of the Near IslandbridgeandthankedAssessorTomAndersonforhishardworkastheBoroughAssessorandwishedhimwellinKenai Assembly member Branson was impressed with the progress of the construction projectsexpressedinterestinthepossibilityoftheLegislatureoverridingtheGovernorsvetoonthe$28milliondollarstimulusmoneyandalertedcommunifymembersaged65andolderthatthereweresupportsystemsinplacetohelpcoverthe$70/month tax exemption rate increasemandatedbythestate Announcemen Mayor Selby announced that the Assemblywould hold special meeting on Tuesday August182009at730p.m in the Borough Assembly Chambers The Assembly would meet in work session on Thursday August 27 2009 at 730 p.m in theBoroughConferenceRoomThenextregularmeetingwasscheduledonThursdaySeptember2009at730p.m in the Borough Assembly Chambers Mayor Selby urged the public to attend luncheon and to participate in dscusslo with theUniversityofAlaskaFairbanksChancelloronThursdayAugust202008at12p.m at theKodiakInn ADJOURNMENT BRANSON moved to adjournthe meeting ROU CALL VOTE ON MOTION CARRIED UNANIMOUSLY Kaplan Lynch Stutes BransonFriendandFuip The meetingadjourned at 905 p.m KODIAK ISLAND BOROUGH A1TEST Nbva Javier1 Approved October 15 2009 Kodiak Island Borough Assembly MinutesAugust2009 Page 718