2006-05-25 Work SessionASSEMBLY WORK SESSION
May 25, 2006 — 7:30 p.m.
Borough Conference Room
CITIZENS' COMMENTS (limited to three minutes per speaker)
ITEMS FOR DISCUSSION
1 . Ordinance Amending Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedures by
Adding Section 3.16.115 Delinquency to Allow the Borough to Offset Payments to Delinquent Entities Funding.
2. Ordinance Amending T h ides Chapter 10.10 Junk and Abandoned Vehicles.
PACKET REVIEW
Ordinance No. FY2006 -10 Amending Kodiak Island
Borough Code of Ordinance Title 3 Revenue and Finance
Chapter 3.24 Personal Property Tax Section 3.24.050
Classification of Boats and Vessels.
Ordinance No. FY2007 -01 Levying Taxes on All Taxable
Real and Personal Property Withi the Kodiak Island
Borough for the Expenses and Liabilities of the Kodiak
Island Borough for the Fiscal Year Commencing on the
First Day of July 2006 and Ending on the Thirtieth Day of
June 2007. (Fiscal Year 2007 Budget)
Contract No. FY2006 -43 Removal, Disposal, and
Replacement of Northstar Elementary School Gym Floor
MANAGER'S COMMENTS
CLERK'S COMMENTS
NTS
MAYOR'S COMMENTS
ASSEMBLWJQ.JJER COMMENTS
On Leave
Jeffrey — June 3 -19
Ranney — June 5- July 20
Gifford June 16— July 2
Contract No. FY2006 -44 Kodiak High School Asbestos
Abatement and Floor Covering Replacement.
Ordinance No. FY2006 -011 Rezoning Tract 0, U.S.
Survey 2539, Russian Creek Alaska Subdivision From B-
Business To RR1 -Rural Residential One. (1059
Panamaroff Creek Dr.) (Applicant: P &Z Commission)
Ordinance No. FY2006 -12 Rezoning Lot 26, U.S. Survey
3098, Lot 26 From RR1 -Rural Residential One To B-
Business (2316 Mill Bay Road) (Applicant: William
Bacus)
Confirmation of Deputy Borough Clerk
CALENDAR
May 2006
25 7:30 p.m. Assembly Work Session — CR
6:00 p.m. Architectural /Engineering Review Board Tentative Meeting — AC
Cancelled City Council Regular Meeting — AC
26 1 p.m. — 3 p.m. Bayside Fire Department will hold a Fire Training Building Open House — 1026
Parkside Drive
29 Holiday Borough Offices Closed for Memorial Day Holiday
30 7:30 p.m. Joint Borough Assembly /City Council Work Session — KHS Commons
31 6:00 p.m. Architectural /Engineering Review Board Meeting & Presentation of Pool
Design — AC
7:30 p.m. Fire Protection Area No. 1 Board Meeting — BFH
June 2006
1 1:30 p.m. Local Emergency Planning Committee Meeting — AC
7:30 p.m. Assembly Regular Meeting —AC
5 5:30 p.m. Gravel Task Force Committee Meeting — CR
7:00 p.m. School District Work Session — SD /CR
6 7:30 p.m. City Council Work Session — AC
8 7:30 p.m. Assembly Work Session — CR
7:30 p.m. City Council Regular Meeting — AC
14 7:30 p.m. Planning and Zoning Commission Work Session — CR
15 7:30 p.m. Assembly Regular Meeting — AC
19 7:00 p.m. School District Regular Meeting — AC
20 Cancelled City Council Work Session — Rescheduled to June 27
21 Planning and Zoning Commission Regular Meeting — AC
rk
ance e u tty ounci '' egii ar Meeting — Rescheduled to June 29
INT f l Li ;toil P,.t " :i`1; t 1411 ". •N ( ;Hi l is
7:30 p.m. City Council Work Session — SD /CR
29 7:30 p.m. City Council Regular Meeting — AC
AC - Assembly Chambers
CR - Conference Room
SD /CR - School District Conference Room
AC /CR - Assembly Chambers Conference Room
C /CR - City Conference Room
D /CR - Hospital Doctors= Conference Room
H/PL - Hospital Physicians Library
BFH - Bayside Fire Hall
HC - Hospital Cafeteria
WBFH - Womens Bay Fire Hall
H/BR - Hospital Board Room
MHGR - Mental Health Group Room
H/DL - Hospital Doctors = Lounge
KHS - Kodiak High School
KODIAK ISLAND BOROUGH
WORK SESSION MEETING
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Regular Meeting of.
Kodiak Island Borough
AGENDA STATEMENT
Item No ..
Ordinance No. FY2006-
Amending Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale,
and Transfer Procedures by Adding Section 3.16.1 15 Delinquency to Allow the
Borough to Offset Payments to Delinquent Entities and to not Allow the Borough
to Contract With Those Entities
The Borough has had various vendors and contractors who have not paid tax levied by
the Borough, special assessments levied by the Borough, charges for utility or
municipal waste services, and other Borough fees
The Borough wishes to require every person, corporation, or other business entity and
their legal principals or officers who receive payments from the Borough to be current
on all such amounts due to the borough.
Untimely payment or non - payment of taxes, special assessments, utility services,
municipal waste services, or other Borough fees can adversely effect every taxpayer
and the Borough
By adding this ordinance to the code the assembly will promote a fair and efficient
resolution of such delinquencies for all parties.
FISCAL NOTES: ACCOUNT NO.:
NA Expenditure
Required:
Amount
APPROVAL FOR AGENDA:
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY 2006 -xx
AN ORDINANCE AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES
CHAPTER 3.16 CONTRACT, PURCHASE, SALE, AND TRANSFER PROCEDURES
BY ADDING SECTION 3.16.115 DELINQUENCY
TO ALLOW THE BOROUGH TO OFFSET PAYMENTS TO DELINQUENT ENTITIES AND
TO NOT ALLOW THE BOROUGH TO CONTRACT WITH THOSE ENTITIES
WHEREAS, the Borough has had various vendors and contractors who have not paid taxes levied
by the Borough, special assessments levied by the Borough, charges for utility or municipal waste
services, and other Borough fees; and
their
WHEREAS,
l principals Borough ipallsor wishes
receive payments from the Borough to be business
urr on al such
amounts due to the Borough; and
WHEREAS, untimely payment or non - payment of taxes, special assessments, utility services,
municipal waste services, or other Borough fees can adversely effect every taxpayer and the
Borough; and
WHEREAS, the Borough attorney has advised management to add specific wording to the code to
promote a fair and efficient resolution of such delinquencies; and
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer
Procedures is hereby amended by adding add Section 3.16.115 Delinquency as
follows:
Chapter 3.16
CONTRACT, PURCHASE, SALE, AND TRANSFER PROCEDURES
Sections:
3.16.010 Contract, purchase, sale, and transfer procedures.
3.16.020 Limitation on manager's authority.
3.16.030 Open market procedures.
3.16.040 Advertising for bids.
3.16.050 Processing of bids.
3.16.060 Local preference.
3.16.070 Exceptions to bidding requirements.
3.16.080 Lowest responsible bidder.
3.16.090 Requirements mandatory.
3.16.100 Change orders -- Manager authority.
Kodiak Island Borough, Alaska
Introduced by
Requested by
Drafted by
Introduced:
Public Hearing:
Adopted:
Manager Gifford
Manager Gifford
Finance Department
Ordinance No. FY200640(
Page lof 2
3.16.105 Circumvention of bidding requirements prohibited.
3.16.110 Competitive sealed proposals -- Negotiated procurement.
3.16.115 Delinquency.
3.16.115 Delinquency
A. The borough shall not award a contract or purchase order to any person, corporation, or other
business entity who is delinquent in paying (i) any tax levied by the borough; (ii) any special
assessment levied by the borough; (iii) any charge for utility or municipal waste services or (iv) any
other borough fee due under the Code, unless the person. corporation. or other business entity
cures the delinquency within thirty days after the mailing of written notice of the delinquency. In the
case of a closely held business, this prohibition shall also apply to the delinquency of their legal
principals or officers. For purposes of this section, a payment shall be considered "delinquent"
when it is not made on or before the applicable deadline established by the Borough Code, or by
written notice if the Code does not establish a deadline, or. if the Code does not establish a deadline
and a deadline is not established in a written notice, within 60 days of the mailing of written notice
that the payment is due.
B. The borouqh may terminate any contract or purchase order if the person, corporation, or other
business entity and, in the case of a closely held business, their legal principals or officers, becomes
delinquent in payment of any of the items listed in subsection (a) of this section, unless the
delinquency is cured within thirty days after mailing of written notice as above.
C. The borough may deduct from any amount otherwise due the person, corporation, or other
business entity and, in the case of a closely held business. their legal principals or officers under
any contract or purchase order an amount equal to the total of all such delinquent amounts that the
contractor owes for 0) taxes levied by the borough; (ii) special assessments levied by the borough
(iii) charges for borough utility or municipal waste services; and (iv) other borough fees due under
the Code.
D. Nothing in this section shall prevent any person, corporation, or other business entity and, in the
case of a closely held business, their legal principals or officers from paying under protest any tax,
special assessment, utility or municipal waste charge. or other borough fee, or pursuing appropriate
judicial or administrative action to contest or recover any such tax. assessment, charge or fee.
F. For purposes of this section, the term "closely held business" shall mean a corporation, limited
liability company or other business entity which has less than five unrelated (by blood or marriage)
owners.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF 2006
KODIAK ISLAND BOROUGH
ATTEST: Jerome M. Selby, Borough Mayor
Judith A. Nielsen, CMC, Borough Clerk
Kodiak Island Borough, Alaska Ordinance No. FY2006 -XX
Page 2of 2
Regular Meeting of
Kodiak Island Borough
AGENDA STATEMENT
Item No.
Ordinance No. FY2006•
Amending Title 10 Vehic /es and Traffic Chapter 10.10 Junk and Abandoned
Vehic les.
The Community Development Department has recommended an amendment to
Chapter 10.10 to remedy problems that have been experienced with the
implementation of this chapter. One of the primary amendments is to cover only
junk vehicles and abandoned vehicles and therefore isolating other miscellaneous
junk violations to be enforced under Title 17 - Zoning.
Another primary intent of the amendments is to bring Borough code in close
compliance with the state code that regulates junk vehicles and abandoned
vehicles. Through our comparative analysis, we believe that the proposed changes
will expedite the removal and processing of unwanted vehicles and also streamline
the process for the property owner /title holder.
Specific changes include: defining the borough's regulatory authority, clarifying the
definitions of junk vehicles and abandoned vehicles, clarifying the notification and
recovery procedures for vehicles, and specifying the destruction
unclaimed vehicles.
process of
The proposed amendments have been formally reviewed by the Engineering and
Facilities Department and the Borough attorney.
FISCAL NOTES: ACCOUNT NO.:
NA Expenditure
Required:
Introduced by
Requested by
Drafted by
Introduced:
Public Hearing:
Adopted:
Manager Gifford
Community Development
Community Development
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY 2006 -XX
AN ORDINANCE AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES
CHAPTER 10.10 1 JUNK AND ABANDONED VEHICLES
WHEREAS, the Kodiak Island Borough staff has spent several months reviewing the code,
gathering information on the status of state law, and the current conditions of the junk and
abandoned vehicles within the Borough; and
WHEREAS, the Kodiak Island Borough staff has recommended certain amendments to KIBC Title
10 regarding the standards for enforcement and disposal of junk and abandoned vehicles; and
WHEREAS, the Kodiak Island Borough Assembly has the authority to adopt and amend the
ordinances as provided in Alaska Statutes Title 29 and other applicable Borough Codes;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: Title 10 Vehic /es and Traffic Chapter 10.10 Junk or Abandoned Vehic /es is hereby
amended as follows:
Chapters:
10.10 Junk Vehicles or Abandoned Vehicles
Chapter 10.10
Sections: JUNK OR ABANDONED VEHICLES
10.10 000 Author
10.10.005 Definitions.
10.10.010 Junk vehicles or abandoned vehicles.
10.10.020 Disposition of junk vehicles or abandoned vehicles.
10.10.060 Recovery costs.
10.10.070 Other rights reserved.
10.10.080 Penalties and remedies.
Section 3: Title 10 Vehicles and Traffic Chapter 10.10 Junk or Abandoned Vehicles is hereby
amended by adding on Section 10.10.000 Authority as follows:
Kodiak Island Borough, Alaska
TITLE 10
VEHICLES AND TRAFFIC
Ordinance No. FY2006 -X0(
Paae lnf
10.10.000 Authority. In accordance with the provisions of AS28.11.100 — additional powers (non-
areawide under AS 29.35.210, this title is enacted for the regulation of abandoned vehicles in the
Kodiak Island Borough.
Section 4: Title 10 Vehicles and Traffic Chapter 10.10 Junk or Abandoned Vehicles Section
10.10.005 Definitions is hereby amended as follows:
10.10.005 Definitions. For the purpose of this chapter the following definitions shall apply:
A. "Junk vehicle" means
vehicle that:
1. is stripped, wrecked, or otherwise inoperable due to mechanical failure;
2. has not been repaired because of mechanical difficulties or because the cost of repairs
required to make it operable exceeds the fair market value of the vehicle; or
3. Is in a condition that exhibits more than one of the following elements:
a. broken glass;
b. missing wheels or tires;
c. missing body panels or parts; or
d. missing drive train parts
B. "Abandoned vehicles" means any motorized or towed vehicle, wheeled or tracked, which has
been left unattended,
destruction standing, parked upon or within 10 feet of the traveled portion of a vehicular right -of -way
in excess of forty -eight (48) hours, or standing or parked on public or private property in excess of
twenty -four (24) hours without the consent of the property owner or person in charqe of the property.
Section 5: Title 10 Vehicles and Traffic Chapter 10.10 Junk or Abandoned Vehicles Section
10.10.010 Junk or abandoned vehicles is hereby amended as follows:
10.10.010 Junk vehicles or abandoned vehicles.
A. Junk vehicles or abandoned vehicles are illegal in the borough.
•
Section 6: Title 10 Vehicles and Traffic Chapter 10.10 Junk or Abandoned Vehicles Section
10.10.020 Disposition of junk or abandoned vehicles is hereby amended as follows:
10.10.020 Disposition of junk vehicles or abandoned vehicles.
A. Abandoned vehicles or junk vehicles may be impounded.
B. Adequate notice of impoundment and procedures for redemption of junk -or a vehicle shall be
given to registered owners of vehicles and other persons known to have a legal interest in them.
Adequate notice shall consist of a certified letter with return receipt addressed to the registered
owners or personal service, when the persons involved are known, or publication at least once in a
newspaper of general circulation, if such persons are not known. The notice shall contain:
1. a description of the junk vehicle or abandoned vehicle and any property therein;
2. the date, time and place of removal;
3. an indication of the place of impoundment;
4. an itemized statement of amounts due the borough for towing and - storage and stating
that such fees must be paid prior to redemption of the junk or vehicle; and
5. a statement that unless the right to possession is established to the satisfaction of the
mayor manager and the jerk er vehicle reclaimed within twenty (20) days from the date of mailing OF
poblication of the notice, or unless arrangements are made for the storage of the junk -or vehicle
within that time, the junk or vehicle and its contents may be
dollars disposed of by crushing or other means of destruction.
Kodiak Island Borough, Alaska
Ordinance No. FY2006 -XX
C. When a vehicle is destro ed the mana er or his desi
Depart Public Safety as provided by ASS 10 351
nee shall noti the State of Alaska
D. The borough shall keep a record of all ionic-and vehicles impounded, containing the date,
time and place of impoundin -
tiif g, and description of the jar vehicle and method of owner
E. Abandoned vehicles junk or vehicles may be removed from private property if the owner
or person in lawful possession or control of the property makes a written request prior to removal.
Section 7: Title 10 Vehicles and Tragic Chapter 10.10 Junk or Abandoned Vehicles Section
10.10.030 Junk vehic /es or other junk is hereby repealed as follows:
Section 8: Title 10 Vehic /es and Traffic Chapter 10.10 Junk or Abandoned Vehic /es Section
10.10.040 Disposition of junk vehic /es is hereby repealed as follows:
ef
Kodiak Island Borough, Alaska
Ordinance No. EY2006 -X0(
Page 3of 4
i
I
Section 9: Title 10 Vehicles and Traffic Chapter 10.10 Junk or Abandoned Vehicles Section
10.10.050 Vehicles both junk and abandoned is hereby repealed as follows:
Section 10: Title 10 Vehicles and Traffic Chapter 10.10 Junk or Abandoned Vehicles Section
10.10.060 Recovery costs is hereby amended as follows:
10.10.060 Recovery costs. The costs of impounding, storing, selling and destroying junk vehicles
or abandoned vehicles may be charged or assessed by the borough against the vehicle, the
registered owner of the vehicle, any person who has acquired legal title to the vehicle from or
through the registered owner and any person who has violated section 10.10.010 subsestien
10.10.030(A) of this chapters.
Section 10: Title 10 Vehicles and Traffic Chapter 10.10 Junk or Abandoned Vehicles Section
10.10.070 Other rights reserved is hereby amended as follows:
10.10.070 Other rights reserved.
A. Nothing in this chapter shall be construed as limiting the right of any person to operate a
lawful junk or storage yard provided that such uses comply with the requirement of Title 17 of this
code.
B. Nothing in this chapter shall be construed to limit the rights of the borough, pursuant to other
provisions of this title and the common law, to abate summarily a public nuisance, including but not
limited to the nuisances defined in this chapter.
C. Nothing in this chapter shall be construed as limiting the authority of law enforcement
officers to impound vehicles or other -junk and arrange for its storage, sale, redemption, or
destruction as provided in other titles of this code.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF 2006
ATTEST: Jerome M. Selby, Borough Mayor
Judith A. Nielsen, CMC, Borough Clerk
KODIAK ISLAND BOROUGH
Kodiak Island Borough, Alaska Ordinance No. FY2006 -XX
Pane 4of 4
KOJl AKISLJVIJBOROUGH
Engineenng g Faezhi`tes Department
MEMORANDUM
DATE:
TO:
FROM: Bud Cassidy, Director, Engineering and Facilities Department
SUBJ: Estimated Pool Construction Cost
INTRODUCTION
I am writing this memo to inform you of the costs associated with the schematic design of the
new pool recently provided by our project architect ECl/Hyer. The cost of the pool has nearly
doubled since they were first developed under the State of Alaska Department
Early Development. The original construction cost was estimated to be 00 000. The Education est
construction figure is estimated to be $9,576,065. This does not include additional A/E fees,
admin costs etc.
The pool design was guided by the Assembly and ARB who have stated that the pool should be
designed to fit "the program" developed in the education specifications vs. designing it to meet
the bond amount. That is, the pool should be designed to include the following programmatic
requirements:
• 18,000 square foot building
• 45' x 75' 6 lane swimming pool
• 675' special needs entry pool
• Multi use teaching area
• Spectator seating
• Locker room and changing room space
ESCALATED SPACE
Staff teleconferenced with pool designers to discuss the price. We learned this. Building material
costs and labor price have escalated substantially and that the reality of today is not what it was
two years ago. In fact, the reality today is not what it will be six months from now. Apparently a
number of projects, public and private, are stalled. The dilemma we are hearing is that building
costs will not get cheaper, so folks are deciding either not to build, or are forging ahead quickly
because building costs will not get cheaper.
This is not only an Alaskan issue, but a national issue if not a global issue.
May 25, 2006
Rick Gifford, Manager
■
DETAILED COST
ECUHyer provided a 70 page cost estimate to
e
enough time to review this document to ask the intelligent questions. We inquired about barely cutting
programs and scope of work, but the in the final analysis two things became evident:
• There is a desire for a decent pool
• There is nothing in the budget that if cut will make up the difference.
CONCLUSION
The revelation of price increases that are almost double the original estimate is startling. To
proceed with the project requires some major decisions. I would recommend that this occur with
the project architect at the Wednesday meeting. This meeting starts at 6:00 P.M.
We have advertised this the Assembly Chambers. s meeting through and on the scanner. and will be held
gh the newspaper, on the
MEMORANDUM
DATE: May 23, 2006
TO: Bud Cassidy, Director of Engineering and Facilities
FROM: Tracy L. Mitchell, Environmental Specialist — OM
KODIAK ISLAND BOROUGH
Engineering & Facilities
710 Mill Bay Road
Kodiak, AK 99615
(907) 4 86 -9348 (p)
(907) 486 -9394 (t)
ttnachell @kib.mhocliak.ak. us
RE: Change Orders to
Extension Project t th Kodiak Island nd orou h Landfill i i &Toe Drain
Borough
Change Code ode, 3..100, C Orders —
KIB Code 1t6o hang a ranager Authority states that "the
Y approval to enter into change manager, tor, borough
ugh
construction projects where the amount of additional expenditure is
ndiitureo occasioned by the change order or
orders does not, in the aggregate, r g ate, exceed ten (10,000) dollars. The manager, or designee, shall report
monthly to the assembly the nature and amount of such change orders. If the change order or orders
exceeds ten thousand (10,000) dollars, it will require the signatures of:
A. the mayor and deputy mayor;
B. the mayor and one (1) assembly member in the absence of the deputy
C. the deputy mayor and one (1) assembly member in the absence of the mayor;
D. Any two P P Y Y mayor;
(2) assembly members in the absence of the mayor and deputy may or
There were two change orders required for the engineering services provided by morll
were not anticipated when the original contract was approved. The first change order was for an
amount of $14,000 which adjusted the original contract from $52,993 to Y CH2M b e a ul it wh
over $10,000 it required signatures from the Borough
Presiding $66,993 and the t was
g Officer of the Borough Assembly. g Maurer, were obtained prior to add Deputy
being conducted. This change order allowed for additional bidding support design n and
clarifications for bidders) and services during construction as well proper documentation to material
modifications).
for loan purposes (e.g.,
(e.g., process contractor's submittals for construction a
e. g ., p
pproval, site visit and design
The second change order was for an amount of
change orde was also a $2,300, changing the contract amount to $69,293. This
change g e order was
This approved by the same signatories as stated above because the aggregate
loan
Borough's construction records.
professional engineer. These e record drawings are required for ADEC drawings geed by a
purposes as well ll o
as s for r t the
ASSEMBLY WORK SESSION
April 27, 2006
BOROUGH CONFERENCE ROOM
Present were Mayor Jerome Selby, Assemblymembers Tom Abell, Pat Branson, Sue Jeffrey, Reed
Oswalt, Cecil Ranney, Mel Stephens, and Barbara Williams. Staff members present were Manager Rick
Gifford, E &F Director Bud Cassidy, Finance Director Karl Short, CD Director Mary Ogle, Sharon Lea
Adinolfi, Landfill Supervisor Alan Torres, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. The work
session started at 7:30 p.m.
CITIZEN'S COMMENTS
Greg Egle said the state funds should be used for school seismic improvements to ensure children's
safety at the middle school.
Jay Johnston objected to Assemblymember Stephens Resolution No. FY 2006 -36 as it would
cause delays and added expense. He affirmed that the ARB voted to recommend site #1.
MarveV urged the Assembly to use all of the 1.5M coming from the State for the
seismic upgrades.
Stephanie Love urged the Assembly to move forward with the seismic upgrades
Joe Macinko said the voters' pamphlet identified one site for the pool.
Geor e Griffin said the voters and the ARB identified site 1 and the pool project should move
forward as prices were increasing.
Te Lind uist said a new pool by the armory would attract more users.
Scott Arndt said Representative LeDoux favored additional education funding but the senate did
not understand the needs of the school district.
Dave Jones understood the legislature was looking at school funding. He urged the Assembly to
move forward with the pool construction
Isa Steele said the PTA supported the pool and the seismic needs.
John Lindouist wanted the pool so that kids would stay out of trouble.
There was general discussion move forward with the pool and seismic needs and to communicate
with Senator Stevens and Representative LeDoux to ensure that they understood the needs of the
community.
ITEMS FOR DISCUSSION
1. Special Meetin
Work Session Notes
Presented to the Assembly on May 25, 2006
April 27, 2006
Page 1 of 3
2. KIB Budget with Department Heads /General Fund, Special Revenue Funds, and Debt
Service
Gifford outlined the budget that included a' /a mil increase for the Monashka Bay Road Service
Area budget, increased PERS, an additional position in the manager's office, another vehicle,
and emergency preparedness to replace tsunami sirens.
PACKET REVIEW
Ordinance No. FY2006 -11 Amending Title 4 Service Areas Chapter 4.40 Assessment Districts
Within Service Areas Section 4.40.090 Payment by Changing the way the Interest Rate is
Calculated on Installment Payments for Special Assessment Districts.
This provided for the Assembly to determine the actual interest rte used for special assessment districts.
Contract No. FY2006 -38 Providence Kodiak Island Medical Center Schematic Design
Services — Phase IV of the Community Health Center.
Staff proceeded with Phase IV of the design of the Community Health Center (CHC) wing that would be
added to the existing hospital facility. The contract was for $60,700.
Contract No. FY2006 - 39 Solid Waste Collection.
The contract went out for bid and Alaska Pacific Environmental Services of Anchorage LLC was the
only bidder.
Resolution No. FY2006 -36 Relating to the Selection of a Site for Construction of a New
Swimming Pool.
Stephens had concerns about the location of the new pool.
There was general discussion about the impact of the resolution and that the Architectural Review Board
voted to place the pool at site one near the Armory. The schematic design would be to the Assembly
soon.
Appointment to the Citizen's Board of Equalization.
It was suggested to appoint Cheryl McNeil and Louis Stutes to three -year terms and Cassandra Juenger as
the alternate.
Appointment to the Fire Protection Area No. 1 Board.
This seat was vacated by Dave Billings and the Board recommended appointing Andrew DeVries.
MANAGER'S REPORT
• May 21 -June 2 he would participate in emergency management organization at
Kodiak College
• There would be a pre -bid conference on the gym floor replacement
• Clean-up day would be on Saturday
Work Session Notes
Presented to the Assembly on May 25, 2006
April 27, 2006
Page 2 of 3
MAYOR'S COMMENTS
• ACS filed a protest today and would go through the hearing process regarding Kodiak
Kenai cable
ASSEMBLYMEMER COMMENTS
Ranney
• Charlie Davidson had heart work done
• Asked that the blue building by coon Field be taken care of
Oswalt
• Wanted to look at reduced costs with privatization of services
Abell
• Appreciated the budget presentation and the ability to review hiring help
Jeffrey
• Wanted to ensure that waste stream management would include metals and cardboard
Stephens
• Appreciated the budget presentation and hoped the budget would be put on the
Borough web site
• He was impressed with Dave Jones and the School District Budget process
There bei ng no further business, the Mayor adjourned the meeting at 11:38 p.m.
Work Session Notes
Presented to the Assembly on May 25, 2006
April 27, 2006
Page 3 of 3
Scenario one
Reduce the mill rate by 1/2 mill.
Effects: This would reduce the mill rate of the Borough from 11 mills to 10.5 mills. The
property taxes on a $200,000 house would be reduced by $100
This would reduce revenues $450,000.
Pros: This would let the taxpayers keep more of their money. If the government does not
need the funds then the taxpayers have a right to keep their own money.
Cons: The Governor has not yet signed the bill allocatin g municipal assistance funds to
the local governments. If he does not sign it than the Borough's revenues will be
$1,039,870 less than is currently budgeted. To the extent expenses are not cut our fund
balance will go down. If the State does not continue the program next year than the
Borough will have to increase the mill rate even more, especially if the State reduces the
level of school funding.
According to GASB in FY2008 the Borough will have to record a liability of
which will reduce our General Fund fund balance by the same amount.
district will have to record a liability of $ The Borough is ultimately
The school
y $5,989499
responsible for school district liabilities. Because of this the Borough has a liability of
$ The State is charging us 8.25% interest on this unfunded liability.
At this time it appears that the Borough has several unfunded projects. These include the
swimming pool, seismic repairs to various schools, and new assessing software. The
Borough currently has $35,000,000 in ongoing capital projects. Because of escalations in
construction costs some of these projects will need additional funding.
Scenario 2
Leave the mill rate at 11.00 mills and leave the excess revenues in the general fund.
Pro's: The funds could be directed at the projects that need the funding the most or
reserved for further needs or reduction in taxes next year once we know whether the
municipal assistance funding will remain intact. If the funds are not needed to complete a
project the mill rate could be reduced in the future to the taxpayers. It is better to have a
constant mill rate over a period of time. If we cut the mill rate this year we may have to
raise it even more next year.
We will have to expense our unfunded retirement liability in FY2008 by $5,989,499.
This will help to fund this expense.
Cons: If the Borough does not intend to use the funds then they should be given back to
the taxpayers. With rising fuel prices our taxpayers need to keep all of their funds they
can. We can always raise the mill rate later on.
Scenario 3
Leave the mill rate at 11.00 mills and transfer the money to the Seismic repair project and
the Swimming pool project.
Pros. The seismic project requires a Borough match to receive the grant. If this grant
goes through we will have to put up our part of it. It appears that we do not have enough
money budgeted to complete the pool project. If we put the money in now we know what
we have to work with.
Cons. We can use the Facilities Fund to match the State grant for seismic repairs. We do
not know how much the pool will be over budget, or even if it will be over budget. We
can always cut down the number of lanes in the pool, etc. to save on construction.
May 24, 2006
Kodiak Island Borough
Rick Gifford, Borough Manager
710 Mill Bay Road
Kodiak, AK 99615
Dear Mr. Gifford:
At their regular meeting of May 22, 2006, the Board of Education adopted Kodiak Island Borough
School District Resolution #056 -004, Master Planning of Schools. The resolution was compiled
based on concerns from community members who recalled plans in the past to remodel, redesign or
renovate District facilities as well as needs for new construction.
It is the Board of Education's request that the Kodiak Island Borough formally conduct a
comprehensive facility review of all District buildings to address program needs, code upgrades, and
future planning.
I look forward to continuing our cooperative working relationship with the Borough Assembly.
Please do not hesitate to contact me if you have any questions.
Sincerely,
Betty " alters
Superintendent
kee
cc: Bud Cassidy, Engineering/Facilities
/Kodiak Island Borough Assembly
KODIAK ISLAND BOROUGH
CLERK'S OFFICE
COPIED TO:
ASSEMBLY] MAYOR
MANAGER OTHER__.
KODIAK ISLAND BOROUGH SCHOOL DISTRICT
722 Mill Bay Road
Kodiak, AK 99615
Office of the Superintendent
(907) 486-9210
TrCEOVE
MAY 2 4 2006
BOROUGH CLERK'S OFFICE
0 0 0 C
WHEREAS, the development of technology- related instruction as an integral part of education
programming has had significant impact on both the space utilization and electrical infrastructure of
schools; and
WHEREAS, the accountability demanded by the No Child Left Behind Act requires increased attention
to individual performance and differentiated instruction has created the need for small group instruction
space that forces schools to use storerooms, hallways, and offices for daily instruction; and
WHEREAS, music, physical therapy, speech language, counseling, reading, and English language
acquisition programs do not have space designed to meet program needs; and
WHEREAS, a comprehensive facility use study has not been completed since 1990; and
WHEREAS, facility limitations are defining instructional programs rather than programs defining
facilities; and
WHEREAS, increased financial support by the state may provide significant opportunities to fund school
construction for districts who have developed a comprehensive facilities use plan; and
WHEREAS, a comprehensive plan will ensure that small projects are integrated and phased into a master
plan designed to meet the needs of the program; and
WHEREAS, sound planning saves money,
NOW, THEREFORE BE IT RESOLVED, that the governing body of the Kodiak Island Borough
School District requests that the Kodiak Island Borough formally conduct a comprehensive facility review
of all district buildings to address program needs, code upgrades, and future planning.
ADOPTED this 22 day of May, 2006
Roy p6wn, President
Kodiak Island Borough School District
Board of Education
Kodiak Island Borough School District
Resolution #056 -004
Master Planning for Schools
KODIAK ISLAND BOROUGH
OFFICE of the MANAGER
MEMORANDUM
TO: The Honorable Mayor and Assembly of the Kodiak Island Borough
FROM: Rick Gifford, Borough Manager
DATE: May 25, 2006
SUBJECT: Assistant to the Manager
This memo is response to the questions asked by Assembly member Williams
concerning the new position of "Assistant to the Manager" being requested in the
FY2007 budget. The job description has not been finalized and will probably be fined -
tuned a little, if the Assembly approves the position.
When I was hired, the Assembly at that time, ask me to evaluate the Borough staffing
and determine if it was adequate. There were concerns that staffing was not adequate
and may have been reduced by too many positions several years ago when there were
several reductions. Last fall, I met with the Department Heads in a half -day team -
building, brainstorming meeting. We discussed areas of responsibility that weren't
being addressed adequately. We found that some duties were falling through the
cracks because the Borough had been short several authorized positions for some
period of time. For example, the Community Development Director's position was filled
just before I arrived in May of 2005 and the Assessor position was filled in July, 2005.
There had also been staffing shortages in other positions, such as the Accountant
position. During our meeting, we realized that some of the duties would be
accomplished by having a full staff on board and we have given it some time to find this
to be partly true. However, the one area of duties that kept coming to the top of the list
as not being accomplished and /or not even addressed were many of the duties on the
list l provided to the Assembly from Lauri Whiddon's memo dated April 26, 2006. Most
of those responsibilities were from the old Resource Manager's position. A lot of those
responsibilities had apparently fallen back on the Borough Manager and either didn't get
done due to the work load and /or were never assigned elsewhere. I was concerned
that the Resource Manager's duties may not be a full time position as it was in the 90's
since various land issues in the Borough have been resolved. So with that I took most
of the Resource Manager's duties and added some additional duties that were also not
being accomplished, and created the Assistant to the Manager's position (note that we
wrestled with an appropriate title for this position). We had a similar position at one time
when I was in Seward. Because of the variety of duties being assigned to this position,
MEMORANDUM
Mayor & Assembly Members
Assistant to the Manager
Page 2
it didn't fall under any one department head, therefore I felt that it was best to put it
under the Manager. This position will have a lot of interaction with all departments.
Based on the above background information, I will attempt to answer Assembly member
Williams' questions:
Is there someone in -house that you are contemplating moving into this position?
No. The KIB is an equal opportunity employer and the Personnel Manual requires that
the Borough advertise new positions in -house for 5 days before advertising outside. I
believe my responsibility is to hire the best qualified applicant.
Would this person be responsible to the Borough Assembly as you are?
No. This position would report to the Borough Manager and at this time would supervise
no employees. This is not an Assistant Manager position. For example, in my absence,
the Director of Engineering and Facilities would still be the Administrative Official.
In the 17 items listed, which ones are currently being handled by what department
or person at the borough?
See my response below each duty:
• Plans, directs, and administers projects and programs as directed by the
Borough Manager.
This would help reduce the work load for the manager's office and other
departments.
• Completes grant applications and maintains grant correspondence.
Currently every department is involved in this process and with respect to their
ongoing regular grants; they would continue to be involved. However, the new
position would be responsible for searching for new grant opportunities and
coordinate those grant opportunities that apply to the Borough overall and not to
just one department.
• Coordinates and assists other departments in the preparation of the Borough's
Capital Improvement Program and State and Federal Legislative Priorities.
The CIP is currently put together by the Community Development (CD)
department and involves the P &Z Commission with help from the Engineering
and Facilities department. This would probably not change, however the new
position may assist and will be involved. In the future, 1 would recommend that
we put together a State and Federal Legislative Priority List that would involve
some brief description of the projects or issues. The position would assist the
manager's office in compiling this information.
MEMORANDUM
Mayor & Assembly Members
Assistant to the Manager
Page 3
• Completes special projects such as community surveys, prepares requests for
proposals and leases, and reviews same.
Depending on the issue, these are probably done by the Manager's office and
the CD department. The new position would assist those that come from the
Manager's office and could assist the CD department.
• Researches policy issues, develops policies and recommendations, and
implements policies adopted by the Borough Manager.
These duties primarily come from the Manager's office, however all departments
can make recommendations.
• Oversees the selection, acquisition, retention and disposition, and protection of
Borough land and resources.
• Coordinates with other departments the overall management of Borough owned
lands and tidelands including their use, development, lease, acquisition, disposal,
entitlement appraisal and platting; and the selection of lands due the Borough under
various federal programs. d sta state Researches docum nt deeds to determine status and public
rights attached to property.
The above two responsibilities use to be under the Resource Manager. Most of
the duties of the Resource Manager fell upon the Manager's office and were
have ede apparently with different falling g cracks. In have t issues as they er'sen year, A t all
of these issues have
been dealt with through the Manager's office or through the CD department.
• Attends various meetings as a representative of the administration to service
area boards, other various groups, boards and commissions, and the Borough
Assembly.
Some service areas receive assistance from the Engineering & Facilities
department while others have no consistent liaison with the Borough
administration. This is an area / feel is lacking and / fee/ the service areas would
appreciate the additional support.
• Supports the Planning & Zoning Commission and the Assembly on public land
issues. Drafts ordinances and resolutions. Researches and composes staff
reports related to real property transactions such as land acquisition, land
disposal, and land exchanges, rezoning, leases, or public project related issues.
Attends such meetings when requested by the Borough Manager.
• Administers land records. Compiles and completes all necessary legal
documents that must be processed when Borough and sale contracts are paid in
full. Works with lending institutions and title companies to transfer title or
reconvey property. Prepares land and office space leases and collects royalty
fees. Provides staff review of lease and easement language to determine if
conditions and stipulations are being followed.
MEMORANDUM
Mayor & Assembly Members
Assistant to the Manager
Page 4
• Composes staff reports to the Planning & Zoning Commission and Assembly
concerning the disposal of borough land at public land offerings, sales to non-
profit corporations or conveyances to the federal or state governments.
Coordinates title information, land sale brochure and other legal documents used
in conducting the outcry auction, sealed bid disposal or negotiated sale. Works
with surveyors, appraisers, engineers and title examiners to determine the
location, value and use of borough lands.
• Acquires federal, state and local permits for Borough public works projects such
as the construction of hospitals, schools and specialty facilities such as a
saltwater laboratory. Acts as the borough's permit specialist in acquiring permits
for public facilities on sensitive lands, in historical and archaeological sites and
when discharging fill into navigable waters of the United States. Permit
composition requires knowledge of federal, state and local laws such as the
National Historic Preservation Act, promulgated federal regulations, as well as
the ability to read and interpret construction drawings.
• Acquires land and resource data from federal and state resource agencies and
universities. Acquires information on resources found on Borough lands
including fish and game, wetlands, soils, vegetation, range values, drainage,
steep slopes, etc. Acquires air photographs, satellite imagery, and computer
resource information on Kodiak. Determines the quality and capability of
borough -owned land.
• Acquires municipal entitlement lands. Acquires survey instructions from the
state, drafts requests for bids for survey services, coordinates the survey of
borough lands and the issuance of patents from the state.
• Monitors land activities by state and federal agencies. Reviews and monitors
federal land use plans and regulations, patents and other conveyances to the
State of Alaska, native corporations or individuals to determine effects of this
activity on borough land selections and the rights retained by the public to use
state and native corporation lands.
• Negotiates with private landowners and native corporations, for purchase of
private property. Works with Planning and Zoning Commission and the
Assembly to identify private property of high public interest for acquisition.
The above 8 areas of responsibility were under the Resource Manager. Most of
the duties of the Resource Manager fell upon the Manager's office and were
apparently falling through the cracks. In the last year, all of the departments
have dealt with different issues as they have risen. A lot of these issues have
been dealt with through the Manager's office or through the CD department.
• Screens citizen complaints and problems and addresses these issues whenever
possible.
Each department handles their own complaints unless they rise to the level of the
Manager's office and /or Assembly members. Having someone to investigate the
complaints once they have reached the Manager's office and /or Assembly
members and coordinate solutions would be very helpful. Sometimes these
MEMORANDUM
Mayor & Assembly Members
Assistant to the Manager
Page 5
issues can consume a great deal of time in an otherwise very busy schedule of
others.
• Reviews all Assembly agenda statements and resolutions for accuracy and
completeness.
Currently this is done by the Borough Clerk and the Manager. However, due to
various deadlines and work loads, I think it would be helpful to have this position
assist in this area and be able to work with department heads to improve the
information being forwarded to the Assembly for their action.
Which items are completely new areas of responsibility and how much time do
you think each task will require?
I don't think any of the areas are completely new responsibilities. However, most of
them are not being adequately addressed; some more than others. Some are only
addressed when the issue rises to the level of needing immediate attention. It is difficult
to estimate how much time each task will take. As stated above, when we were
developing this position, it was felt that most of the responsibilities that were not being
adequately addressed fell into the old Resource Manager's position. However, we were
concerned that the same level of activity that was there in the 90's for this position is
probably not there today. Thus, the addition of other responsibilities which we believe
will make this more than a full -time position. As with any position at this level, there will
be times when the job will be very busy.
There is an awful lot being requested of this person and I would like to know how
you would prioritize their duties?
There is a lot for this position. However, as stated above, not all of the responsibilities
will overlap and can be dealt with over time. Obviously, this person will need to be a
multi -task person, will need to be able to prioritize, and will need to be able to work with
me when priorities will need to be set. We may have to make some adjustments as
time and experience show us how it works.
I apologize for such a long memo, but I hope it has answered most of the questions
Assembly members might have about the Assistant to the Manager position.