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01_FKODIAK ISLAND BOROUGH Assembly Regular Meeting August 2009 regular meeting of theKodiak Island Borough Assembly was held on Thursday August2009intheAssemblyChambersoftheKodiakislandBoroughBuilding710MiiiBayRoadThemeetingwascalledtoorderat730p.m The invocation was given byCaptain John Quinn of the Salvation Army Mayor Selby ledthePledgeofAllegiance Present wore MayorJerome Selby Assembly members Pat Branson Jerrol Friend Judy FuipDaveKaplanChrisLynchandLouiseStutesStaffmemberspresentwereManagerRick Gifford Community Development Director Bud Cassidy Engineering and Facilities DirectorWoodyKoningFinanceDirectorKarlShortDeputyClerkMarylynnMcFarlandandAssistantClerkJessicaKilbom BRANSON moved to excuse Assembly member Jeffrey who was out on personal leave VOICE VOTE ON MOTIONCARRIED UNANIMOUSLY APPROVAL OF AGENDAAND CONSENT AGENDA BRAN53N moved to approve the agenda and consent agenda VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES Regular Meeting Minutes of June 2009 and July 2009 and SpecialMeeting Minutes ofJune252009andJuly2009wereapprovedundertheconsentagenda AWARDS AND PRESENTATIONS CITIZENS COMMENTS Pam Foreman Parks and Recreaflon Committee Vice-Chair spoke in favor of Contract FY2O1O-13 COMMITFEE REPORTS Assembly member Stutes reportedon the Providence Kodiak Island Counseling Center Advisory Council meeting Assembly member Kaplan reported on the activities of theParksand Recreation Committee Assembly member i3ransori reported that the Providence Alaska Region Board will hold boardandcommunitymeetingonTuesdaySeptember222009 PUBLIC HEARING Ordinance No FY2O1O-03 Authorizing the Borough to issueGeneral Obligation Bonds in the Principal Amount of not to Exceed $76310000 to Finance the Planning Design andConstructionofSchoolandRelatedCapitalImprovementsintheBoroughIncludingWithout Limitation the Reconstruction and Renovation of the Kodiak High School and to Submit the Question of theIssuance of SuchBonds to the Qualified Voters of the Borough at theOctober2009RegularBoroughElection Kodiak Island BoroUgh Assembly Minutes August 2009 Page 712 KAPLAN moved to adopt Ordinance No FY2OIO-03 Mayor Selby noted that substituted 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 KIBSO 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 education center The instructional space available for Kodiak High School did not support the instructional programs which were needed to prepare high schoolstudents for success in the world marketplace The state debt service reimbursement plan provided that the State of Alaskawould reimburse the Borough for not less than 60%of debt service on the eligible portion of bonds authorized bythequalifiedvotersoftheBoroughbetweenOctober2006andNovember302010topaycostsofschoolconstructionadditionstoschoolsandmajorrehabilitationprojectsTotal principal and Interest costswould be $120465845 after state reimbursement of approximately60%the total costto the Borough Wouldbe $48186338 and could require mill rate increase of 2.64 mills KIBSDs educational mission was severely compromised by facility limitations at the high school KJBSD Superintendent McDonald provided the Assembly with additional information regarding the ordinance He spoke onthe needs ofthe students andthe community to meet the education requirements provided atthe high school facility FRIEND moved to amend Ordinance No FY2O1O-03 by substitution ROLLCALL VOTE ON MOTION TOAMEND CARRIED UNANIMOUSLY Fulp Kaplan LynchStutesBransonandFriend Mayor Selby opened the public hearing Bob Brtidie Carson Schick Arrie SchickAngela Eastman Jesse Laird SolveiQ Christenson Peggy Tuttle Nick Watkins and Roger Estelle spoke in favor of Ordinance No FY2O1O-03and commented on the healthsafety 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 FY2OIO-03and commended KHS students for speaking to the Assembly in support of the ordinance Mayor Selby closed the public hearing Assembly members BransonKaplan andStutes commended the communitys involvement in support of Ordinance FY2O1O-03 ROLL CALL VOTE ON MAINMOTIONAS AMENDED CARRIED UNANIMOUSLY Friend Fuip Kaplan Lynch Stutes arid Branson Kodiak Island Borough Assembly Minutes August 2009 Page 713 Ordinance No .FY2O1O-04 Authorizing the Borough to issue General Obligation Bonds inthePrincipalAmountofNottoExceed$12500000 to Financethe Planning Design andConstructionofRenewalsandReplacementsofBoroughFaciUtiesandtoSubmittheQuestionoftheIssuanceofSuchBondstotheQualifiedVotersoftheBoroughattheOctober2009RegularBoroughElection KAPLAN moved to adopt Ordinance No FY2OIO-04 The Borough currently owned over $200000000 worth of bulidings as reflected on the valueslistedontheinsuranceschedulesThenumberdidnotincludethecostofthelandorsiteimprovementsPartofthecostofownershipwastorenewandlorreplacepartsofthesebuildingsThepràceedsofthebond$12500000 equaled 6.25%of the current value of thebuildingsItwasInthebestInterestoftheBoroughtokeepthebuildingsproperlymaintainedanddeferredmaintenancewouldcostmoreinthelongrunApproximately73%of the buildingswereschoolbuildingswhichqualifiedfor70%debt reimbursement from the State of AlaskaTotalprincipalandinterestcostswouldbe$19841337 after state reimbursement ofapproximately51%the total cost tothe Borough.wciuld be $10138923 and could require millrateincreaseof.5 mills Engineering and Facilities Director Koningprovided additional information regarding OrdinanceNoFY2OIO-04 Mayor Selby opened the public hearing Bob Brodie spoke in support of Ordinance No FY2O1O-04 Solveig Christenson requested clarification be provided to voters about the specifics of eachbondordinancesothatitwasunderstoodthattheordinancesweretwodistinctissues Mayor Selbyclosedthe public hearing Mayor Selby noted that there wereno overlaps of either the two ordinances or the funds thatwouldbepassedbyvotersanddirectedstafftoprovideinformationtothepublicshowingprobableratethatthebondswouldbesoldat Assembly members spoke in favor of clarification of thetwo ordinances sothe public wouldclearlyunderstandthetwoordinanceswereseparateissues ROLLCALL VOTE ON MOTION CARRIED UNANIMOUSLY Kaplan Lynch Stutes BransonFriendandFuip BOROUGH MANAGERS REPORT Manager Gifford reported the following Reported on the resultsof the Junk Vehide Disposal programProvidedanupdateontheconstructionprojectsRecommendedcancellingtheworksessionofAugust13and the regular meeting ofAugust20duetolackofitemsfortheagendaConsensusoftheAssemblywasgiven Assembly member Friend asked that information be provided to property owners of theWoodlandAcresSubdivisionregardingdevelopmentissuesduetothepavingofthesubdivisionsroads Kodiak Island Borough Assembly MinutesAugust82Q09Page714 MESSAGES FROM THE BOROUGHMAYOR Mayor Selbyreported on his attendance at the National Association of Counties NAC0 AnnualConferenceProposedresolutionsandplatformchangespresentedattheconferenceweremadeavailabletotheClerksofficeMayorSelbyprovidedexplanationontheproposedchangestotheCleanWatersActwhichwouldaffectfuturedevelopmentnearcreeksaridstreamsintheKodiakareaHealsoreportedthattherewouldbelocallegislativedelegationthatwouldbetravelingtoWashingtonD.C to meet with the Borough lobbyists andAlaska congressional delegation UNFINISHED BUSINESS None NEW BUSINESS Contracts Amending theMotion Previously Adopted at the July 16 2009 Regular Meeting on ContractNoFY2OIO-O1 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 executeContract No FY2OIO-01 with Petro Star Inc of KodiakAlaskaforthreeyearcontractbasedonmarginFROMabovetheweeklyaverageof the posted Seattle OPJS price TO above the weekly average of the posted Seattle OPIS price Contract No FY2OIO-01 was approved by the Assembly on July 16 2009 undertheconsent 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 VOTEON MOTIONCARRIED UNANIMOUSLY Lynch Stutes Branson Friend FuIp and Kaplan ft Contract No FY2O1O-13 Kodiak Road System Trails Master Plan KAPLAN moved to authorize the manager to executeContract No FY2O1O-13 withAlta Planning and Design of Portland Oregon for theKodiak Road System Trails Plan in the amount not to exceed $128013 Assembly member Lynch declared conflictof interest regarding the contractbecauseshe was part of the design team Mayor Selby ruled in favor of the declaration and asked AssemblymemberLynchtostepdownfromthedais Parks arid Recreation Committeemembers worked through the process of selectingcontractortoperformtheRoadSystemTrailsMasterPlanNineplanningfirmsrespondedto the Boroughs Request for Proposals RFP Three firms were short listed and travelledto Kodiak to participate in an interview process where they wore ratedarid ranked After the interview process the Committee chose ALTA Planning and Design to perfórn the work ALTA had strong background of trails planning and included on its team was Mr Maft Hastie who had developed successful public participation program and project website for theKIB Comprehensive Plan that was completed during past years Funds for the planning project would include prtrnary funding through the CommunityDevelopmentDepartmentbudgetandStateofAlaskaClAPgrantof$23500 which included another $80000 to Improve or harden various trails with whatwasknown as geo-block It Kodiak sIand Borough Assembly Minutes August 2009 Page 715 was noted that much of the preliminary work hadbeen performed by the Borough whichwouldreducetheultimatepriceofthecontract ROLLCALL VOTE ON MOTION CARRIED UNANiMOUSLY Stutes Branson Friend FuipandKaplan Contract No FY2OIO-14 KodiakSchools Mechanical Electrical and Plumbing EquipmentSeismicUpgrades BRANSON moved to authorize the manager to execute Contract No FY2OIO-14 with ParkhurstMechanicalLLCfortheKodiakAreaSchoolsMechanicalElectricalandPlumbingSeismicUpgradesinanamountnottoexceed$127340 The contract was for the Kodiak AreaSchools Mechanical Electrical and Plumbing SeismicUpgradesasshownonconstructiondocumentspreparedbyJensenYorbaLottIncTheprojectwastobefundedinpartbyFEMAHMGPGrantIntheamountof$132249 and other fundsweretobedeterminedBidswerereceivedinresponsetoKIBsInvitationtoBiddatedJune262009ParkhurstMechanicalLLCwasthelowbidderfortheproject ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Branson Friend FuIpKaplanLynchandStutes Resolutio None Ordinances for Introduction Ordinance No FY2OIO05 Amending Kodiak Island Borough Code Title Revenue andFinanceChapter3.05 Fiscal Policy Section 3.05.030 Debt Policies KAPLAN moved to adopt Ordinance No FY20 10-05 infirst reading to advance to public hearingatthenextregularAssemblymeeting The ordinancewould update the debt policiesof the Borough The Borough had veryconservativedebtpolicyandinmanywaysitmadesensetonothaveitsorestrictiveThereasonsforthiswere The State of Alaska generally reimbursed the Borough for 60 to 70%of its debtUndertheGovernmentalAccountingStandardsBoardGASBtheStatereimbursementwasnotconsideredinthenetbondeddebtcalculationbutwasveryrealcommodityGeneralFundexpendituresmadeup-a very small percentage oftotal BoroughrevenuesThefinancialstabilityoftheBoroughwasfurtherenhancedbytheFacilitiesFundwhichdidnotexistwhenthepolicieswereoriginallyadopted The ordinance would change the netdebt as percentage of the estimated market valueoftaxablepropertyfromfivepercenttofifteenpercentTheInternationalCity/County ManagementAssociationICMAinitspublicationEvaluatingFinancialConditionrecommendedthatgovernmentsnetdebtshouldnotexceed10percentandwhatwasleftoutoftheformulawsthelargeamountofStatereimbursementfortheBoroughsdebt The ordinancewould remove the paragraph stating The ratioof debt service expendituresas percent of governmental fund expenditures should not exceed20 percent Generally the ratiowasfordebtserviceexpenditurescompared10governmentalrevenuesThegeneralfundIntheBoroughwasverysmallpartofitstotaloperations Kodiak Island Borough Assembly MinutesAugust2009Page716 ROLL CALL VOTEON MOTION CARRIED FIVE TO ONE Friend Fuip KaplanLynch and Branson Ayes Stutes No OtherItems Declaring Seat on the Solid Waste Advisory Board Vacant This item was approved under the consent agenda Mr Rick Pillans verbally advised the Clerks Office on July 14 2009 ofhis resignation from the Solid Waste Advisory Board The Assembly accepted with regret the resignation of Mr Pillans for term to expire December 31 2009 from the Solid Waste Advisory Board and directedthe Borough Clark toadvertise the vacancyper Borough Code Assembly Approval of Vacation in AccordanceWithKII3C 16.40and KIBC 18.60 to Allow 10-Foot Wide Utility EasementOver Lot 1A U.S Survey 3466 Originally Created by Plat 80-22 and the Vacation of Portion of Driveway and Utility Easement LocatedOver Portion of the Same Lot Case S09-021 BRANSON moved to approve the vacation of10-foot wide utility easement overLot IA U.S Survey 3466 originally created by Plat 80-22 and the vacation of portion of driveway and utility easement located over portion of the same lot The petitioner requested the vacation of 10-foot utility easement located on portion ofland that was acquired from the Borough in 2008 The easement was located in an area where the petitioner was planning tobuild residential addition In addition portion of the driveway and utility easement was to be vacatedwhich wasno longer necessary to servethe petitioners lot since they had acquired the portion of land from the Borough onwhich the portion of easementwaslocated The Planning and Zoning Commission at its July 15 2009 regular meetingagreed withthe request to vacate the easements and recommended approval to the Assembly based on the condition of approval that thevacationwould bereviewed and approvedby the Assembly prior to the granting of final plat approval ROLLCALL VOTE ON MOTION CARRIED UNANIMOUSLY FuIpKaplanLynch Stutes Branson and Friend Declaring Seat on the Service Area No Board Vacant Thisitem was approved under the consent agenda Ms Sharon Lea Adinolfi submitted letter of resignation from theService Area No Board on July 24 2009 for term to expire October 2011 The Assembly accepted with regret the resignation of Ms Adinolfi for term to expire October2011 from theService Area No Board and directed the Borough Clerk to advertisethe vacancy per Borough Code CITiZENS COMMENTS Pam Foreman thankedthe Assembly for approving Contract No FY20 10-13 ASSEMBLYMEMBER COMMENTS Assembly member Lynch hadno comment Assembly member Stutesthanked The public for testifying on issues that were presented to the Assembly and commended the students who spoke in support of Ordinance No FY2O1 0-03 Kodiak Island Borough Assembly Minutes August 2009 Page 717 Assembly member Friend spoke on the new street lighting on Rezanof Drive and thanked allwhoparticipaJintheprojectandthankedthestudentsandpublicfortestifyingonOrdinanceNoFY2O1O-03 Assembly member Kaplanwished everyone great weekend Assembly member Fulpspoke on local reunions that were being held thanked CDD DirectorCassiciyforactingastheAdministrativeOfficialintheabsenceoftheManagerthankedManagerGiffordforsubmittingthelettertotheStateurgingre-painting of the Near IslandbridgeandthankedAssessorTomAndersonforhishardworkastheBoroughAssessorandwishedhimwellinKenal Assembly member Branson was impressed with the progress of the construction projectsexpressedinterestinthepossibilityoftheLegislatureoverridingtheGovernorsvetoonthe$28milliondollarstimulusmoneyandalertedcommunitymembersaged65andolderthatthereweresupportsystemsinplacetohelpcoverthe$70/month tax exemption rateincreasemandatedbythestate Announcements Mayor Selby announced that the Assembly would hold special meeting on Tuesday August182009at730p.m in the Borough AssemblyChambers The Assembly would meet in work session on Thursday August 27 2009 at 730 p.m in theBoroughConferenceRoomThenextregularmeetingwasscheduledonThursdaySeptember2009at730p.m in the Borough AssemblyChambers Mayor Selbyurged the publicto attend luncheon and to participate in discussion withtheUniversityofAlaskaFairbanksChancelloronThursdayAugust202006at12p.m attheKodiakInn ADJOURNMENT BRANSON moved to adjourn the meeting ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY KaplanLynch Stutes BransonFriendandFuip The meetingadjourned at 905 p.m KODIAK ISLAND BÔRQLJGFI ATEST Nbva Javfer MMughcie Approved October 15 2009 Kodiak Island Borough Assembly MinutesAugust2009Page718