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12/18/2008 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting December 18, 2008 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, December 18, 2008 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Don Rush of Providence Kodiak Island Medical Center. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, and Chris Lynch. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Assessor Tom Anderson, Deputy Clerk Marylynn McFarland, and Assistant Clerk Jessica Kilborn. Assembly member Stutes was absent and asked to be excused due to personal leave. BRANSON moved to excuse Assembly member Stutes who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda. BRANSON moved to amend the agenda by adding Certificate of Recognition under Item 6 Awards and Presentations. VOICE VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY. VOICE VOTE ON MAIN MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Special meeting minutes of November 20, 2008 and Regular meeting minutes of December 4, 2008 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented a Certificate of Recognition to Trevor Dunbar, a senior at Kodiak High School, three -time 4A Alaska State Champion, and who finished second place in the Foot Locker Cross Country Championships in San Diego, California. Trevor Dunbar accepted the certificate and thanked the community for its support. Marcus Dunbar thanked the Assembly for its recognition of Trevor's accomplishments. CITIZENS' COMMENTS Charlie Powers, Koniag, Inc. Vice President, shared information with the Assembly regarding the pursuit of developing the Shakmanof Point gravel quarry. He asked for the support of the Assembly in determining the means necessary to facilitate access to the material from the site. It was requested that the report referred to by Mr. Powers be provided to the Clerk's office for distribution to Assembly members. Kodiak Island Borough Assembly Minutes December 18, 2008 Page 621 COMMITTEE REPORTS Don Rush, Providence Kodiak Island Medical Center Administrator, provided the Assembly with a year -end report. He thanked the Borough for its work on the hospital's new parking area and the Assembly for its support in looking into funding for a new long -term care center. Assembly member Branson spoke in support of the long -term care center at Providence (Green -house model). She encouraged the Assembly and community members to work on funding the care center through the CIP list. PUBLIC HEARING A. Ordinance No. FY2009 -13 Amending Kodiak Island Borough Code Of Ordinances Title 3 Revenue And Finance Chapter 3.35 Real Property Tax Section 3.35.080 Reserve Policies. FRIEND moved to adopt Ordinance No. FY2009 -13. In order to remain consistent with other jurisdictions, the Kodiak Island Borough Assessor's Office sought to amend KIBC 3.35.080 by requiring applicants for exemption from real property taxes to comply with AS 29.45.030(0. The applicant must have been eligible for a Permanent Fund Dividend under AS 43.23.005 for that same year or for the immediately preceding year; or if the individual had not applied, the individual would have to have been eligible for one of the PFDs for which they'd applied for. Mayor Selby opened the public hearing. Hearing and seeing none Mayor Selby closed the public hearing. FULP moved to amend the motion by including, "If a senior citizen, disabled veteran or widow /widower does not receive or qualify for a State of Alaska Permanent Fund Dividend, then they must verify that they were: 1) a resident of the State of Alaska for the entire year subsequent to the year they are applying for the exemption, and 2) they must own and occupy their property for a minimum of 90 days during the calendar year they are seeking the exemption." Assembly member Fulp requested that this wording be included because there are people in the State that do not qualify for a PFD due to various legal reasons or others due to traveling are not residents of the State for more than 90 days. Assessor Anderson, in response to the amendment request, stated the amendment would create several conflicts with Alaska Statutes and the way Alaska assessors currently interpret and apply the residency requirements. Further discussion on the amendment ensued. ROLL CALL VOTE ON MOTION TO AMEND FAILED FIVE TO ONE: Branson, Friend, Jeffrey, Kaplan, and Lynch (Noes); and Fulp (Aye). ROLL CALL VOTE ON MAIN MOTION CARRIED FIVE TO ONE: Friend, Jeffrey, Kaplan, Lynch, and Branson (Ayes); and Fulp (No). B. Ordinance No. FY2009 -01 C Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. BRANSON moved to adopt Ordinance No. FY2009 -01 C. The ordinance would: Kodiak Island Borough Assembly Minutes December 18, 2008 Page 622 • budget $12,000 for the school crossing guard program. • increase the Clerk's department budget by $3,000 to cover APOC costs. • increase the child care assistance department by $1,000 to $102,048. This was due to an increase in the State grant. • increase L.E.P.C. department by $16,000 to $33,800. This was due to an increase in the State grant. • transfer $24,000 from the General Fund to the Borough Capital Projects fund to pay part of the costs to upgrade the New World Systems financial software from an AS400 platform to a .net platform. • transfer $160,530 from the Debt Service Other fund to Borough Capital Projects to pay the majority of costs to upgrade the New World Systems financial software from an AS400 platform to a .net platform. • transfer $10,000 from the Debt Service Other fund to the Debt Service fund to cover a $9,862 deficit. • increase the Solid Waste Disposal fund by $40,000. Closure /post - closure costs were budgeted at $200,000 but were projected to be $240,000. • the Borough took over the responsibility for the Hospital access and parking project, the foundation for the new clinic project, and the Providence Leasehold project. The total of these projects was $5,186,542. The sources of revenue were listed on the budget ordinance. Mayor Selby opened the public hearing. Hearing and seeing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Branson, Friend, and Fulp. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Received notice that the Denali Commission funded the $125,000 funding request for the Island -wide Transportation Study. The Commission funds combined with the Alaska Department of Transportation (ADOT) matching funds of $100,000 gave the Borough $225,000 for the project. Communication between Lobbyist Mark Hickey and ADOT had commenced to come up with an agreement for the funds. • Received notice from Division of Homeland Security and Emergency Management that the Borough won the Western States Seismic Policy Council Mitigation Award and an overall Award of Excellence for 2009. The award was a national level of recognition for the community's efforts in seismic hazard safety. Congratulations were extended to Borough staff and the community for the work done in taking care of seismic issues. • Met with City Manager Linda Freed to discuss joint work session dates. Tuesday, February 3, 2009 was determined to work best for all due to Assembly member travel and other events that would be occurring. Consensus of the Assembly was given to approve the date. • Union negotiations were completed and a draft contract was being prepared for the Assembly to approve in January. • Washington update report from Lobbyist Brad Gilman was provided to the Assembly. The report discussed the economic stimulus legislation. • Between July 1, 2008 and December 9, 2008 the Borough had 42 junk vehicles removed. The average cost of moving and disposing junk vehicles is over $400 and could run up to $800 per vehicle. Kodiak Island Borough Assembly Minutes December 18, 2008 Page 623 • Recent suspicious fires around town were being investigated by the State Troopers. Anyone with information was encouraged to contact the State Troopers or Crime Stoppers. • The Kodiak pool was over 50% complete and project completion was on schedule for August 2009. The Kodiak Middle School Seismic Program, Phase 2B was scheduled to be complete summer 2009. The Gym portion of the project was scheduled to be complete next year. The seismic portion of the Ouzinkie Gym Renovation was complete. The actual gym renovations were scheduled to be completed in March 2009. The Community Health Clinic was over 50% complete and scheduled for completion in May 2009. • Governor Palin submitted her budget and the Kodiak School Seismic Mitigation project was included for the amount of $3,236,143. • Recommended cancelling the January 6 work session and January 8 regular meeting. Consensus to cancel was given. • President Bush declared December 26 as a federal holiday. Based on the collective bargaining unit and past arbitration decisions, Borough offices will be closed on Friday, December 26, 2008. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby: • Congratulated Manager Gifford and Community Development Director Bud Cassidy for receiving the Homeland Security Award for the seismic projects. • Wished everyone happy holidays and thanked the agencies in the community that were helping Kodiak's less fortunate families through the holidays. UNFINISHED BUSINESS - None. NEW BUSINESS Contracts 1. Contract No. FY2009 -07 with New World Systems Corporation to Upgrade the KIB Financial System From the AS400 Financial System to a Network Platform. FRIEND moved to authorize the manager to enter into a contract with New World Systems Corporation to upgrade the KIB financial system from the AS400 financial system to a Network Platform in an amount not to exceed $184,530. Since 1990 the Kodiak Island Borough financial software (New World Systems) existed on an IBM AS400 platform. Due to the change of technology since the Borough first started using New World Systems there was a need to change the program. The New World Systems software network platform would serve the needs of the Borough much better than the older AS400 platform. The new system would be graphic based instead of text based. It would be easier to download reports and data into Word and Excel programs, making both the budget and the annual report much easier to produce. The new Assessing program that was being implemented by the Borough was also network based. The Borough's existing data would be converted to the new system so that the financial history would be accessible on -line. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Branson, Friend, Fulp, and Jeffrey. Kodiak Island Borough Assembly Minutes December 18, 2008 Page 624 2. Contract No. FY2009 -03 Six Month Extension of Threshold Services, Inc. Contract. FULP moved to authorize the manager to sign an amendment to Contract No. FY2009 -03 with Threshold Services Inc. of Kodiak, AK extending the contract period from January 1 to June 30, 2009. The Borough's landfill enterprise fund was financially funded through user fees, residential and commercial garbage fees, and fees charged at the landfill for various wastes. These funds covered costs for the solid waste collection contract, landfill operational disposal costs, and community recycling efforts. The Borough was contracted with Threshold Services, Inc. to provide recycling services for a six month period (ending January 1, 2009) with an option to extend the contract for an additional six months. It was expected that the current landfill budget for recycling efforts ($200,000) would cover the Threshold contract costs through January 2009; however, Threshold proposed to extend the contract for the optional six -month period at an estimated additional cost of $100,000. In order for the landfill budget to cover the cost for the remaining five months of the fiscal year, it was estimated that residential rates would need to increase $7 per month; which would be an addition to the current residential rates of $31 for a total of $38 /month. It was possible to raise commercial rates but was not recommended due to rates already being paid by commercial users. Assembly member Lynch stated that she is president of Threshold Services and would not declaring a conflict of interest due to no substantial financial interest was involved. Assembly members applauded the efforts of Threshold and encouraged the community to continue their recycling efforts. It was specified that the $100,000 cost to extend the contract would come out of the Fund account balance and residential rates would not be increased with the extension of the contract. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Branson, Friend, Fulp, Jeffrey, and Kaplan. Resolutions 1. Resolution No. FY2009 -15 Updating the Name of the Law Firm to Jamin Law Office and Specifying a Validity Date for the Agreement. FRIEND moved to adopt Resolution No. FY2009 -15. KIBC 2.65.020 Procedure for appointment states that the Assembly shall appoint the attorney by resolution. The law firm of Jamin, Ebell, Schmitt and Mason was named as the law firm to perform duties as Borough attorney by Resolution No. 2001 -07 on February 15, 2001. Resolution No. FY2009 -15 would update the law firm's name to Jamin Law Office and would also require a regular review and reauthorization of the Borough attorney. The resolution would be in effect until June 30, 2010. Mayor Selby explained the proposed evaluation process. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. Kodiak Island Borough Assembly Minutes December 18, 2008 Page 625 2. Resolution No. FY2009 -16 Certifying the FY2009 Shared Fisheries Business Tax Program Application to be True and Correct. BRANSON moved to adopt Resolution No. FY2009 -16. The resolution would certify the information contained in the Kodiak Island Borough FY2009 Shared Business Tax Program application to be true and correct. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, and Branson. Ordinances for Introduction - None. Other Items - None. CITIZENS' COMMENTS - None. ASSEMBLY MEMBER COMMENTS Assembly member Friend congratulated Trevor Dunbar on his accomplishments. He spoke on the Shakmanof Point gravel quarry mentioned by Mr. Powers. He expressed appreciation for the report given by Mr. Rush, and praised the work on the hospital's parking lot and solarium. He congratulated Manager Gifford and CDD Director Cassidy on receiving the seismic award. He mentioned that the Architectural Review Board put in a lot of time and energy on the seismic projects. He expressed excitement about the curbside pick -up being initiated by Threshold and wished everyone a Merry Christmas and happy New Year. Assembly member Fulp congratulated Manager Gifford and CDD Director Cassidy on receiving the seismic award. She congratulated Trevor Dunbar and expressed appreciation for Mr. Jamin's service to the Borough through the years. She wished everyone a Merry Christmas and happy New Year. Assembly member Branson congratulated Trevor Dunbar. She congratulated Borough staff for the awards that were received and the Denali Commission funding, and was glad to hear that the governor had put the seismic project in the budget. She wished everyone happy holidays. Assembly member Jeffrey congratulated Providence for getting the CT scan machine for the community. She congratulated Trevor Dunbar. She was happy to hear that the pool would be completed by the end of the summer 2009. She also expressed excitement that the Borough had received the Denali Commission funding for the study of the island -wide transportation needs and services. She congratulated Borough staff for the seismic award and wished happy and safe holidays to all. Assembly member Kaplan congratulated Trevor Dunbar and his family. He congratulated Manager Gifford, CDD Director Cassidy and Borough staff for getting the seismic award and the Denali funding. He thanked Administrator Rush for his year -end report and wished everyone happy holidays. Assembly member Lynch congratulated Trevor Dunbar and thanked Mr. Powers for representing Koniag and for the update on Shakmanof Point quarry. She felt it was important for the private sector to keep the Borough appraised of potential market capabilities. She congratulated Borough staff on the seismic award and thanked Assessor Tom Anderson for his Kodiak Island Borough Assembly Minutes December 18, 2008 Page 626 time in researching the exemption issue so that the Assembly was well informed in making its decision. Announcements Mayor Selby announced the Kodiak Island Borough offices would be closed Thursday, December 25 and Friday, December 26 in observance of the Christmas Holiday and Thursday, January 1, 2009 in observance of New Year's Day. The work session scheduled on Tuesday, January 6, 2009 and the regular meeting scheduled on Thursday, January 8, 2009 had been cancelled. The next work session was scheduled on Thursday, January 15, 2009 at 7:30 p.m. in the Borough Conference Room and the next regular meeting was scheduled on Thursday, January 22, 2009 at 7:30 p.m. in the Borough Assembly Chambers. The Borough Assembly was scheduled to meet Saturday, January 10, 2009 at 9 a.m. at the Kodiak Fisheries Research Center to discuss the Kodiak Island Borough Strategic Plan. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Branson, and Friend. The meeting adjourned at 9:05 p.m. ATT ST: IL _. Nova M. Javier, C C, Borough Clerk KODIAK ISLAND BOROUGH December 18, 2008 ome M. Selby, Mayor Approved: February 19, 2009 Kodiak Island Borough Assembly Minutes Page 627