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01_CIf KODIAKISLAND BOROUGH Assembly Regular Meeting July 16 2009 regular meeting of the Kodiak island Borough Assembly was held Thursday July 16 2009 in the Assembly Chambers of the Kodiak Island Borough BuIlding 710 MW Bay Road The meeting was calledto order at 730 p.m The invocation was given bySergeant Major Dave Blacketer of theSalvation Army Deputy Presiding Officer Branson ledthe Pledge of Allegiance Present wore Deputy Presiding Officer Pat Branson Assembly members Jeirol Friend Judy FuIp Dave Kaplan Chris Lynch andLouise Stutos Staff members present were Manager Rick Gifford Clerk Nova Javier and Deputy Clerk Marylynn McFarland KAPLAN moved to excuse Mayor Selby who was attending the NACO Conference and Assembly member Jeffrey who was out on personal leave VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVALOF AGENDA AND CONSENT AGENDA STUTES moved to approve the agenda and consent agenda VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVALOF MINUTES None. AWARDS AND PRESENTATIONS Manager Gifford presented the Employee of theQuarter Award to Teresa Medina Cashier in the Finance Department CITIZENS COMMENTS Roxanne SalcidoEnvironmentalCoordinator for theNative Village of Afognak spoke on the importance of the rocyding programprovided by Threshold Services Inc Emil Norton and Gretchen Saupe spoke In support of the Senior Citizensof Kodiak non-profitagenciesandthankedtheAssemblyforfinancialsupport Marian Johnsonand Bonnie Dillard spoke in support of recycling in Kodiak Nick Troxell owner of Nicks Auto Wrecking Salvage and Metal Recycling spoke about specificlanguageintheRecyclingProcessRequestforProposalRFP Marqio Jaskovich spoke in support of the Threshold contract andban on fireworks Maggie Rocheleau spoke in support of the bond ordinances and the Threshold contract Lisa PauloMary Forbes Eric Engvalt facheJ Nummer wfer Richcreek Rhonda MakerLindaHimmelbloomSylviaPanzarellaStephanieLoveandJenniferPolieyspokeinsupportoftheThresholdcontract Kodiak Island Borough Assenbfy Minutes July 16 2009 Page703 KarenYashin spoke in support of recycling non-profits andthe Humane Society of Kodiak Iver Malutin spoke in support of education the bond ordinances and recycling Melissa Borton Bill WatkinsSteve Doerksen Nick Watkins Jessica Rauwof4 Clair Brodie Joe Floyd and Joe Mendoza spoke in support of thebond ordinances Mike Millinan spoke in support of recycling and non-profit organizations sneneiva Pearson spoke in support of the bond ordinances recycling and stop light atBirch and Mill Bay Road Mel Stephens spoke against the bond ordinances and the indebtedness that they would incur and questioned the cost estimations and the current school district coffers Bob Brodie and Maqole lnqy spoke in support of recycling and the bond ordinances Scott Williams spoke in support of the bond ordinances and addressed the issue of theschool districts cost estimation in that every step possible had been taken to bring the reconstruction and remodel of the high school to this stage of development Cheryl McNeil spoke against theThreshold contract questioning thecost ratios Heather Peterson voicedher support of recycling and did not support the bond ordinances Petal Ruth spoke in support of the bond ordinances addressing the multi-functional uses of the high school building whichincluded an emergency evacuation site Ellen Simeonoff spoke in defense of the Recycling Services RFP that was submitted by Threshold ServicesInc and spoke in support of thebond ordinances COMMITTEE REPORTS Assembly member Kaplan reported that the Parks and Recreation Committee was in negotiations for theMaster Trails Plan and it should be before the asèembly for approval in the very near future PUBLIC HEARING Ordinance No FY2009-O1E Amending Ordinance No FY2009-01 Fiscal Year 2009 Budget byAmending Budgets to Account for Various Revenues that are Over Budget Provide for Additional Expenditures Budget New Projects and Move Funds Between Projects FRIEND moved to adopt Ordinance No FY2009-01 Ordinance No FY2009-01 was for the fiscal year end budget adjustments In theGeneral Fund theMiscellaneous line item in the revenue sectionof the General Fund was increased by $67000.The use of fundbalanced in theGeneral Fundwas decreased by $69000 The School District Support Department was decreased by $84000 Transfers out was increased by$272000 $62000 was for increasedcosts in the School Buildings Department in the BuildingandGroundsFundand$210000 was for hospital parking In the Building and Grounds Fund School 3uildings Departmentexpenditures were expected to exceed the budgetby $70000 new department entitled School Building Major Maintenance was createdand budgeted at $12000 TheWornens Bay Road Service District expenditures exceeded Ws budgetby $6006 The BayView Road Service District expenditures exceeded its budgetby $4670 Kodiak Island Borough Assembly Minutes July 16 2009 Page 704 The Borough needed to amend thedebt seMce budget to account for the refunding of the 1998bondissueThul3ornugtclosedcertaincompletedprojectsattheendofFY2009andthisordinancemovedtheunexpendedfundsLootherprojectsTheBoroughcancelledcertainprojectsandthisordinancemovedtheunexpendedfundstootherprojects The Borough received $2500000 grant to repair and pave the roads in Service District AreaNo$130000 grant for school supplies and equipment$125000 grant from the DenaliCommissionforanislandwidetransportationstudyandexpectedtoreceive$100000 grantfromtheStateofAlaskaDepartmentofTransportationforanislandwidetransportationstudyTheBoroughwasreimbursed$3238143 by the State for the Boroughs Seismic projects theproceedsofwhichwouldbeusedforotherBoroughprojects Clerks Note Between the Introduction and the public hearing them were changes proposedbystaffandItwasnecessarytoamendtheordinancebysubstitution KAPLAN moved to amend Ordinance No Ff2009-al by substitution ROLLCALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY Branson FriendFuipKaplanLynchandStutes Deputy Presiding Officer Branson opened the public hearing Seeing and hearing none DeputyPresidingOfficerBransonclosedthepublichearing ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY Friend FuipKaplanLynchStutesandBranson Ordinance No FY2OIO-02 Amending the Kodiak Island Borough Code of Ordinances TitleAdministrationandPersonnelChapter2.40 Records Management Chapter 2.50 BoroughClerkSection2.50.020 Duties and Chapter 255 Engineering and Facilities DepartmentSection2.55.010 Engineering and Facilities Department Director STUrES moved to adoptOrdinance No FY2O1Q-02 The existing Records Management code was put in place in 1975 with minor changes in 1979and1998StaffdeterminedtheneedtobringitIntocompliancewithrecentandexistinglawsandregulationsTheoldKIBC2.25.200 was repealed in its entirety and new Chapter 2.40wasestablishedThenewchapterincludedpoliciesthatreflectedindustrybestpracticesStaffsresearchandproposalconsideredAlaskaStatutescodesfromothermunicipalitiesandconsullatjonwithBoroughstaffandBoroughAttorneyDeputyPresidingOfficerI3ransonopenedthepublichearingSeeingandhearingnoneDeputy Presiding Officer Branson closed the public hearing ROLLCALL VOTE ON MOTION CARRIED UNANIMOUSLY Fuip Kaplan Lynch StutesBransonandFriend BOROUGH MANAGERS REPORT Manager Gifford reported on the followingNewpoolexpectedtobecompleted in August Bids for Woodland Acres paving project weredue July 21 and would be awarded by July302009 Bqrough project updates were available on the Kodiak Island Borough website Kodiak Island Borough Assembly MinutesJuly162009Page705 He would be out oftheoffice July 24 through August for personal leave and toattend the Alaska Municipal League conference MESSAGES FROM THE BOROUGHMAYOR None UNFINISHED BUSINESS None Deputy Presiding Officer Bransonrecessedthe meeting at 850 p.m and reconvened the meeting at 855 p.m NEW BUSINESS Contracts Contract No FY2O1O-09 ProvidenceKodiak Island Counseling Center Services to KIB School District for SchoolYear 2009-2010 FRIEND moved to authorize the Manager to execute Contract No FY2OIO-09 with Providence Kodiak Island Counseling Center of Kodiak Alaska to provide mental health services for the 2009-2010 school year in an amount not to exceed $381350 The Agreement was betweentheKodiak Island BOrough and ProvidenceKodiak Island Counseling Center rContractor setting forth the terms and conditions pursuant tothe contractor providing mental health services for the Kodiak Island Borough schools The contractor worked with theSchool District to Identify and document mutual understanding of the programs scope and requirements with focus on ensuring the greatest amount of quality service within the budgeted amount of $381350 which was the sameamount as last year ROLLCALL VOTEON MOTIONCARRIED UNANIMOUSLY KaplanLynch Stutes Branson Friend and FuIp Contract No FY2OIO-01 Kodiak Island Borough Facilities Fuel Oil Delivery ThIs item was approved under theconsent agenda The contract would supply and deliver and heating oil to KIB facilities whichincludedthe Landfill/Baler Building 118 Admln Building Chiniak Tsunami Shelter KFRC Laboratory Facillfy and dorms Fire Stations other KIB rental facilities such as the cottage bulidings 720 Egan and the Annex Building The benefit of the bid process was to combine the quantity of heating fuel needed for all 118 facilities with the quantities of fuel needed by theSchool District and the Hospital for bulk purchase The bid packet for heating fuel wentout for yearoption term or yearoption term Results came back with one bidder The bidoffered margin of 17 cents for one year contract and 16 cents for three year contract Because the margin for the three-year contract was lower than the one year contract it was recommended that 118 enter into contract withPetro Star for three year contract based on margin of 16 cents above the weekly average ofthe posted Seattle OPIS price Thesewere the same terms thatthe school district selected when they approved the heating fuelcontractwith Petro Star Inc atthe last meeting VENDOR Town Town CHINIAI Petro Star Inc year $0.17 $0.17 $0.17 Petro Star Inc year $0.16 $0.16 $0.16 Kodiak Island Borough Assembly Minutes July 16 2009 Page 706 Contract Np FY2OIO-lt Recycling Contract with ThresholdServices Inc KAPLAN moved to authorize the Manager to executeContract No FY2O1O-10 with Threshold ServicesInc of Kodiak Alaska for time and materialcontract estimated to be $2814O for the period of July 2009 through June 30 2010 The Kodiak Island Boroughs landfill enterprise fund was financed throughuser fees residential and commercial garbage fees as well as fees charged at the landfill for varying wastes These funds covered costs for the solid waste càllection contract landfill operational disposal costsandcommunityrecyclingefforts Request for Proposal RFP was advertised andthe onlyresponder was Threshold ServicesIncThecostproposedbyThresholdIncof$380 per ton exceeded the $150 per ton desired in the RFP however during negotiation the price.was reduced to $325 per ton The contract wasbasedontheamountofrecyclablasshippedoilislandsimilartotimeandmaterialcontractanditwasestimatedthatthecontractwouldtotal$281450 The landfill budget was budgeted at$130000 for recycling services In order for the landfill budget to coverthebalance of this expense it was estimated thatrates would need to be increased.The negotiated contract was for one year July 2009 through June 30 2010 with two oneyear options to extend Assembly member Fulpspoke in support of the Thresholdcontract and was hopeful that the garbage rates wouldnot be increased She also wanted to see financial plan from Threshold Services Inc where their revenues wouldmeet their expenses Assembly member Stutes agreed that recycling wasan important service in the communityhowevershewasconcernedwiththeRFPprocessfollowedonthecontractShespoketothe factthat other bidders-should have been able to have the same information as Threshold Services Inc STUTES moved to postpone awarding the contract until September 2009 regular meeting inorderthateveryonewouldhavethesameopportunitytobid ROLL CALLVOTE ONTHE MOTION TO POSTPONE FAILED THREETO ThREE LynchBransonandKaplanNoesFriendFulpandStutesAyes In response to Assembly member Friends question about the cost of services if the contractwasawardedforonemonthManagerGiflordreportedthathehadsigningauthorityupto$25000 and depending upon volume he would see how long that amount would lasi Assembly member Lynch disclosedher position as President of the Board of Threshold ServicesInc She outlined how Threshold responded to the RFP She explained in detail how the Borough followed the code for the RFP Assembly member Kaplan spoke in support of the Threshold contractand summarizedcommentsfromletterreceivedfromLindaKowaninPortUonsstatingthattheirtribalcouncilwasdependentontherecyclingofThresholdServicesIncandtheirenvironmentaleffortswouldsuffergreatlywithouttheirservices Assembly member l3ranson explained the difference between an RP arid Request for BidSheexplainedthattheThresholdcontractwasforyearandadvisedotherrecyclingbusinessesinterestedtostaytuneforfuturedevelopmentsinresponsetoAssemblymemberBransonsqustionofwhatwouldhappenifthecontractwasnotrenewedManagerGifford reported that Borough funding wouldnot be available andhe did not know how long it would take for someone elseto take on recycling program Kodiak Island Borough Assembly Minutes July 16 2009 Page 707 ROLL CALL VOTE ON MAiNMOTION CARRIED UNANIMOUSLY Stutes Branson Friend Fuip Kaplan arid Lynch Assembly member Stutes changed her vote to the prevailing side Resolutions Resolution No FY2O1O-03 Approving Fiscal Year 2010 Kodiak Island Borough Non-Profit Funding LYNCH moved to adapt Resolution No FY2OIO-03 Resolution No FY2OIO-03 was the framework in whichthe Assembly distributed the Borough funds set aside in theFiscal Year 2010 budget to various non-profit agencies Assembly member Friend spoke in support of non-profits ROLL CALL VOTE ON MOTIONCARRIEDUNANIMOUSLY Stutes Branson FriendFuip Kaplan and Lynch Resolution No FY2OIO-.05 Appointing Members to theKodiak Fisheries Development Association This item was approved undertheconsent agenda The Kodiak island Borough and City of Kodiak jointly designated theKodiak Fisheries Development Association KFDA as the eligible crab community entity ECCE The by-laws of the KFDA provided for appointment ofDirectorsto theBoard by theKodiak Island Borough Assembly and the Kodiak City Council The by-laws state that appointments take place annually at July meetings of the Assembly and City Council and thatDirectors have staggered three year terms of offica The following individuals are appointed as Directors at theKodiak Fisheries Development Association withthe noted terms City Appointees CrabProcessor Rep Mike Woodruff 7/10 appointment CrabHarvester Rep Jeff Stephan 7/11 reappointment Joint Appointees Stosh Anderson 7/10 joint appointment Donna Jones 7108 joint appointment Lame Welch 7108 joint appointment Borough Appointees CrabProcessor Rep Tuck Bonney 7112 reappointment Crab Harvester Rep Jerry Bongen 7/12 reappointment Resolution No FY2O1O-02A Amending Resolution No FY2OIO-02 Amending the Fees of the Kodiak Island Borough KAPLAN moved to adopt Resolution No FY2OIO-02A The Assembly requested proposal for metals recycling in Kodiak and until contract was awarded the Assemblywished to amend page 11 of the FY2OIO feescheduleas follows Ba Metals $275.00/ton 8b Vehicles up to 7000 pounds $475.00 per vehicle The intent of theresolution was to put Request for Proposal out to evaluatecosts of recycling metals Kodiak Island Borough Assembly Minutes July 16 2009 Page7O8 Assembly members Fulp Stutes andBranson spoke in support of the resolution Assembly member Lynch spoke against the resolution ROLL CALL VOTE ON MOTIONCARRIED UNANIMOUSLY Branson Friend FuIp KaplanandStutesAyesLynchNo Ordinances for Introduction Ordinance No FY2OIO-03 Authorizing the Borough toIssue General Obligation Bonds in the Principal Amount of not to Exceed $78310000 to Financethe Planning Design and Construction of School and Related Capital Improvements in the Borough Induding Without limitation the Reconstruction andRenovation ofthe Kodiak 1-11gb School and to Submit the Question of theIssuance of SuchBonds to the Qualified Voters of the Borough at the October 2009 RegularBorough Eleclion KAPLAN moved to adoptOrdinance No FY2OIO-03 in first reading to advance to public hearingatthenextregularAssemblymeeting The Kodiak Island Borough School DIstrict desired to renovate the Kodiak Island High SchoIandconstructadditionalfacilityspaceEducationalrequirementshadchangedsinceKodiak High School was originally constructed in 1966 as regional education center ThO instructional space availablefor Kodiak High School did not support.the instructional programs which wereneededtopreparehighschoolstudentsforsuccess The current state debt service reimbursement planprovided thatthe State of Alaska wouldreimbursetheBoroughfornotlessthan60%ofdebt service on the eligible portion of bondsauthorizedbythequalifiedvotersoftheBoroughbetweenOctober2006andNovember302010topaycostsofschoolconstructionadditionstoschoolsandmajorrehabilitationprojects Stewart McDonald Superintendent of the Kodiak Island BoroughSchool District gavepresentationinsupportofthebondordinances Assembly members Stutes Lynch Friend Kaplan and Branson spoke In support of thebondordinancesinorderThatquestionswouldgobeforethevotersTheystressedtheimportanceof educating the votersonthe costs ROLL CALL VOTE ON MOTIONCARRIED UNANIMOUSLY Friend Fulp KaplanLynchStutesandBranson. Ordinance No FY2010-04 Authorizing the Borough toIssue General Obligation Bonds inthePrincipalAmountofnottoExceed$12500000 to Financethe Planning Design andConstructionofRenewalsandReplacementsofBoroughFacilitiesandtoSubmittheQuestionoftheIssuanceofSuchBondstotheQuätitledVotersoftheBoroughattheOctober2009RegularBoroughElection FRIEND moved to adopt Ordinance No FY2Oi0.-fl4 in first reading to advance to public hearingatthenextregularAssemblymeeting The Borough currently owned over $200000000 worthof buildings as reflected on the valueslistedontheinsuranceschedulesThenumberdidnotindudthecostofthelandorsite improvements and part of the cost of ownership was to renew andlor replace parts of the buildings The proceeds of the bond $12.500000 equaled 6.25%of the current value ofthe buildings and would be in the best interest of the Borough to keep buildings properly Kodiak Island Borough Assembly Minutes July 16 2009 Page7OD maintained Approximately 73%of the buildings were school buildings which qualified for 70% debtreimbursementfrom theState of Alaska Assembly member Stutes spoke in support of moving the bond ordinancesforwardand expressed concernaboutsecuring bond for maintenance items Assembly member Bmnson noted that renovationthe villages were included in thebond ordinances and encouraged the public to become familiar with them ROLLCALLVOTE ON MOTION CARRIED UNANIMOUSLY Fuip KaplanLynch Stutes Branson and Friend Other Items None CITIZENS COMMENTS Mel Stephens spoke against the bondordinances commenting specifically about the $4.2 million bond proposition that was passed in 2004 to fund vocational education refurbishing Mr Stephensspoke against the approval of the Threshold contract warning the Assembly of being in violation of the Boroughs procurement process ASSEMBLY MEMBERCOMMENTS Assembly member Stutes KaplanLynch and Bransoncongratulated Teresa Mediria for her receipt of the Employee of the Quarter Award Assembly member Friend had no comments Assembly member FuJp was pleased to see the arrival of the cruise ships in Kodiak Announcements Deputy Presiding Officer Branson announced that the Assembly wouldmeet in special meeting andwork session on Thursday July 2009 at 730 p.m in the Borough Conference Room The next regular meeting was scheduled on ThursdayAugust July 16 2009 at 730 p.m in the Borough Assembly Chambers ADJOURNMENT FRiEND moved to adjourn the meeting ROLLCALLVOTE ON MOTIONCARRIEDUNANIMOUSLY KaplanLynch Stutes Branson Friend and FuIp The meetingadjourned at 950 p.m KODIAK iSLAND BOROUGH ATTEST JJr.omeM Selby Mayor Nova Jan Borough Clerk Approved September 2009 Kodiak Island Borough Assembly Minutes July16 2009 Page 710