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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 Work Session Meeting of: c /2c /91j Please print your name 1. ffa../e 5 4.ig 2. -IAA U9g) 1/ 3. V>°!6✓ Jone.) 5. \ )AV hV 9cl-1- 6. .\ <e) \ 6'6 Ai (As 1. 1 9. ct;oe n�r 10. at i nn icke 11. • o✓ {�/ I 13. 12. 1 /t/ ° 1 ( t�/a ��� Tf , S 14. fr - � l l e � -UCA4 (� /�� 15. /(14R/Gy kaPP Ceeakk ki t�NL(Hc;) 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.