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2006-08-17 Regular MeetingAugust 17, 2006 — 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assembly Member Term Expires 2008 Ms. Pat Branson Assembly Member Term Expires 2007 Ms. Sue Jeffrey Assembly Member Term Expires 2008 Mr. Reed Oswalt Assembly Member Term Expires 2008 Mr. Cecil Ranney Assembly Member Term Expires 2006 Mr. Mel Stephens Assembly Member Term Expires 2006 Ms. Barbara Williams Assembly Member Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Nova Javier, CMC Borough Clerk Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES — None. 6. AWARDS AND PRESENTATIONS — None. 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Toll Free Phone Number 1- 800 -478 -5736 Local Phone Number 486 -3231 A. Agenda Items Not Schedule for Public Hearing and General Comments. 8. COMMITTEE REPORTS 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) Toll Free Phone Number 1- 800 -478 -5736 Local Phone Number 486 -3231 B. Ordinance No. FY2007 -04 Submitting to the Qualified Voters the Question of Establishing the Spruce Cape Streetlights Service Area to Provide, Construction, Operation, and Maintenance of Streetlights in the Spruce Cape Subdivision as reflected on the Attached Map. Ordinance No. FY2007 -05 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $7,500,000 to Finance Planning, Design, and Construction of a New Swimming Pool and Related Capital Improvements and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 3, 2006 Regular Borough Election. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR Regular Meeting Assembly Chambers Kodiak Island Borough Assembly Agenda August 17, 2006 Page 1 12. UNFINISHED BUSINESS — None 13. NEW BUSINESS A. CONTRACTS — None. B. RESOLUTIONS - None. C. ORDINANCES FOR INTRODUCTION — None. D. OTHER ITEMS — None. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker.) Toll Free Phone Number 1- 800 - 478 -5736 Local Phone Number 486 -3231 15. ASSEMBLYMEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) s Kodiak Island Borough Assembly Agenda August 17, 2006 Page 2 KODIAK ISLAND BOROUGH ASSEMBLY MEETING H U° b Regular Meeting of: Please print your name Please print your name cn R 4 N 6�n a U z �NI IN II-1 II Ilz- rr uraU syv Iii sfl • +lr 4 .1A1 AdtlIAG 1141 bLd •1J 1 YY 'w!ll!M SJA4 ; 1 want 1 1 Ilagb I Items() •JI AaRreu I I Tics •J sulEmiM kr, nalgaf 1, uoSUBIH sTAI oaf slAI Vms0 Aauurii I s swum sift c>.- pa o W C%] Rag ay! uO unzg sysj 'oaf sIN sumuj F c o 11 o Qagy tgAl uosung 6af i o 1 sinicb)s 11AI II sarEnAusw . cn R 4 N 6�n a U z b o 01 v z naQV •i Tins ring sw uEmso nni a 1yv Smlcais upsi SUmEM •SNI 1 /Viol . C O CO ) z naaNV •iy u,g r sYsI >I •4 AatillEll sualthiS 'IL�I sumum 'IV.I.OL O w r z naQV �Y�t mar •s AI IIRms0 4I SDs 3AI sual111M "SYAI 'VILE b o z na4V ulAI w Aar •slnl IIo 'i1�I suatlds . 'JAI SWR!mnn slmi IV,I.OI. -31/4 - s 0 Fl nagV tuni I I ARK 11 - sUx{dals rni sureom Sw - mix I r• .II crl 1 x a U Regular Meeting of August 17, 2006 Kodiak Island Borough AGENDA STATEMENT Item No. 9.A Ordinance No. FY2007 -04 Submitting to the Qualified Voters the Question of Establishing the Spruce Cape Streetlights Service Area to Provide, Construction, Operation, and Maintenance of Streetlights in the Spruce Cape Subdivision as reflected on the Attached Map. APPROVAL FOR AGENDA: cr Recommended motion: Move to adopt Ordinance No. FY2007 -04. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -04 Introduced by: Manager Gifford Requested by: Assembly Drafted by: Borough Clerk Introduced: August 3, 2006 Public Hearing: August 17, 2006 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH SUBMITTING TO THE QUALIFIED VOTERS THE QUESTION OF ESTABLISHING THE SPRUCE CAPE STREETLIGHTS SERVICE AREA TO PROVIDE CONSTRUCTION, OPERATION, AND MAINTENANCE OF STREETLIGHTS IN THE SPRUCE CAPE SUBDIVISION AS REFLECTED ON THE ATTACHED MAP WHEREAS, on March 28, 2006, Ms. Mary Bonn submitted to the clerk's office a petition for the formation of the Spruce Cape Streetlight Service area; and WHEREAS, the petition contained the signatures of persons who own over fifty percent (50 %) of the real property within the boundaries proposed to be established; and WHEREAS, the petition was insufficient in that KIBC 4.050.030A required that all signatures on the petition dated within (60) days of the submission of the petition; and WHEREAS, Ms. Bonn requested that the Kodiak Island Borough Assembly initiate the action per KIBC 4.05.020 instead of circulating another petition; and WHEREAS, a streetlight service area would allow for construction, ongoing maintenance, and operation of streetlights in the interest of public safety and neighborhood convenience; and WHEREAS, Kodiak Island Borough Code of Ordinances (KIBC) 4.05.040 provides that the assembly shall initiate any action to alter a service area by introducing an ordinance effecting the proposed action; and WHEREAS, KIBC 4.05.050 provides that the assembly shall consider the need for services within the area, and the feasibility of providing them, considering the area's size, population, and the facilities and services already existing; the assessed or estimated value of all taxable property within the area; the characteristics of the area indicating its cohesiveness as a community; and the area's ability to pay for the proposed service; and WHEREAS, KIBC 4.05.060 provides that an ordinance establishing a service area shall not be effective unless approved by a majority of the qualified voters voting on the question in each area affected by the ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Classification. Section 6 of this ordinance is of a general and permanent nature and shall become a part of the Code of Ordinances of the Kodiak Island Borough. The remainder shall not be codified. Section 2: Election. Upon the adoption of this ordinance, the following ballot question will be presented to the qualified voters in the area affected as shown on the map attached hereto, to place before the registered voters residing within said proposed service area the following question: Kodiak Island Borough, Alaska Ordinance No. FY2007 -04 Page 1 of 3 The map attached to this ordinance shall accompany the ballot. Section 3: Qualifications. A person is qualified to receive an election pamphlet and ballot if their voter registration address is within the proposed service area indicated on the attached map. Section 4: Election Date. The election date shall be the October 3, 2006 general election. Section 5: Notice. Notice of the election shall be published not less than twenty days prior to the election in the form and manner specified in the Kodiak Island Borough Code of Ordinances section 7.10.060. Section 6: Title 4 of the Kodiak Island Borough Code of Ordinances is amended by adding Chapter 4.150 as follows: Sections: Section 7: ATTEST: "Shall the Kodiak Island Borough exercise the powers necessary to provide construction, operation, and maintenance of streetlights in the Spruce Cape Subdivision within the area indicated on the attached map? O YES O NO Chapter 4.150 SPRUCE CAPE STREET LIGHTS SERVICE AREA 4.150.010 Creation and powers. 4.150.020 Board. 4.130.010 Creation and powers. The Spruce Cape streetlights service area is established pursuant to Ordinance No. FY2007 -04 and encompasses the area as indicated on the map attached to that ordinance. The Spruce Cape streetlight service area shall provide construction, operation, and maintenance of streetlights on public streets within its boundaries. 4.130.020 Board. The Spruce Cape Streetlights service area board shall consist of three (3) members appointed by the assembly. Effective Date. Sections 1 and 5 shall become effective at midnight on the day of adoption of this ordinance. Section 7 shall become effective on the first day of the fiscal year following certification of the election, if a majority of those qualified voters cast their ballots in favor of establishing the Spruce Cape Streetlights service area. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2007 -04 Page 2 of 3 Kodiak Island Borough, Alaska Ordinance No. FY2007 -04 Page 3 of 3 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of August 17, 2006 Item No. 9.B Ordinance No. FY2007 -05 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $7,500,000 to Finance Planning, Design, and Construction of a New Swimming Pool and Related Capital Improvements and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 3, 2006 Regular Borough Election. In 2004, the Borough sold $6,210,000 in GO Bonds to build a new 6 -lane swimming pool with a diving board. It is now estimated that this facility will cost $7,500,000 more than originally estimated and budgeted. This Ordinance will allow the Borough to place a $7,500,000 bond issue on the October 2006 election. If additional funding is procured then the entire amount of the bond issue does not need to be sold. APPROVAL FOR AGENDA: Recommended motion: Move to adopt Ordinance No. FY2007 -05. Introduced by: Manager Gifford Requested by: Assembly Drafted by: Finance Director Introduced: 8/03/2006 Public Hearing: 08/17/2006 Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2007 -05 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $7,500,000 TO FINANCE PLANNING, DESIGN, AND CONSTRUCTION OF A NEW SWIMMING POOL AND RELATED CAPITAL IMPROVEMENTS AND TO SUBMIT THE QUESTION OF THE ISSUANCE OF SUCH BONDS TO THE QUALIFIED VOTERS OF THE BOROUGH AT THE OCTOBER 3, 2006 REGULAR BOROUGH ELECTION WHEREAS, the Alaska legislature extended the current plan for school debt reimbursement during the 2006 special session; and WHEREAS, this debt service reimbursement plan provides that the State of Alaska will reimburse the Borough for not less than sixty percent (60 %) of debt service on the eligible portion of bonds authorized by the qualified voters of the Borough on or after October 1, 2006 but before December 1, 2008, to pay costs of school construction, additions to schools, and major rehabilitation projects and education - related facilities; and WHEREAS, the Borough issued $6,210,000 in bonds on November 16, 2004 to construct a new six lane swimming pool; and WHEREAS, the current estimate to construct the swimming pool has exceeded the original estimate by $7,500,000; and WHEREAS, the Borough is researching and applying for grants which will lessen the amount of bonds which will need to be sold; and WHEREAS, because the amount of any additional funding is unknown at this time, the Borough needs the authority to sell an amount of bonds that is adequate to finish the facility; and WHEREAS, if additional funding is found, the Borough only needs to sell enough bonds to pay for the unfunded part of the project; and WHEREAS, under the provisions of AS 29.47.190, a municipality may incur general obligation debt only after a bond authorization ordinance is approved by a majority of those voting on the question at a regular or special election; and WHEREAS, the Borough views the swimming pool and related capital improvements authorized herein as necessary and beneficial to the community; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Kodiak Island Borough, Alaska Ordinance No. FY2007 -05 Page 1 of 3 Section 2: It is hereby determined to be for a public purpose and in the public interest of the Kodiak Island Borough (the "Borough ") to incur general obligation bonded indebtedness in an amount not to exceed Seven Million Five Hundred Thousand Dollars ($7,500,000) for the purpose of paying the cost of planning, designing, and constructing a new swimming pool and related capital improvements in the Borough. Section 3: Section 4: The Borough is authorized to borrow the sum of Seven Million Five Hundred Thousand Dollars ($7,500,000) to finance the capital improvements described in Section 4, and the borrowing shall be evidenced by the issuance of general obligation bonds of the Borough; provided that bonds may not be issued for any project unless the project is eligible for debt service reimbursement of at least sixty percent (60 %) by the State of Alaska. The full faith and credit of the Borough are pledged for payment of the principal of and interest on the bonds, and ad valorem taxes upon all taxable property in the Borough shall be levied without limitation as to rate or amount to paythe principal of and interest on the bonds when due. The Borough shall submit the following proposition to the qualified voters of the Borough at the October 3, 2006 regular Borough election. The proposition must receive an affirmative vote from a majority of the qualified voters voting on the question to be approved. PROPOSITION NO. 1 GENERAL OBLIGATION BONDS FOR NEW SCHOOL POOL 6 -LANE, 1 DIVING BOARD "Shall the Kodiak Island Borough incur debt and issue general obligation bonds in an amount not to exceed Seven Million Five Hundred Thousand Dollars ($7,500,000) to finance the planning, design, and construction of a new swimming pool and related capital improvements in the Borough, including without limitation the projects described below?" Project Estimated Cost New School Pool 6 -lane, 1 diving board $7,500,000 Bonds may not be issued to pay costs of a project unless the project is eligible for debt service reimbursement by the State of Alaska. The approximate amount of taxes on $100,000 of assessed real and personal property value (based on total 2006 assessed valuation) required to pay 100% of the debt service for the project above is $75.34 per year, and to pay the Borough share of debt service for the project with full State debt service reimbursement is $30.14 per year. If additional funding, grants, or otherwise becomes available, only enough bonds to finish the project will be sold. These bonds are in addition to the $6,210,000 bonds sold on November 16, 2004 for a new swimming pool. The bonds shall be secured by a pledge of the full faith and credit of the Borough. (Ordinance No. FY2007 -05) Kodiak Island Borough, Alaska Ordinance No. FY2007 -05 Page 2 of 3 Section 5: Section 6: The proposition, both for paper ballots and machine ballots, shall be printed on a ballot which may set forth other general obligation bond propositions, and the following words shall be added as appropriate next to an oval provided for marking the ballot for voting by hand or machine: PROPOSITION NO. 1 O YES O NO Sections 2 and 3 of this ordinance shall become effective only if the proposition described in Section 4 is approved by a majority of the qualified voters voting on the proposition at the October 3, 2006 regular Borough election. The remaining sections of this ordinance shall become effective upon adoption by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2007 -05 Page 3 of 3 Manager's Report August 17, 2006 The KIB has received a grant award for $301,318 to seismically retrofit the foundation of the Ouzinkie School. The grant application for $478,000 to seismically retrofit the KHS library wing is expected soon. The grant money for these projects is post - disaster hazard mitigation funds from the state of Alaska and is money left over from other disasters that have occurred in the state. The KMS seismic retrofit grant for $1,000,000 from FEMA will not be known until September or October. We have been informed that it was the top project in the nation. We hope that means that the Borough will receive the grant award. For your information, a contract for architectural services for the Borough Hill School Bond projects will be presented to the Assembly in the near future for approval that will include the architectural services for the KMS seismic retrofit. This project should be ready for next summer's construction season, provided there are no unforeseen circumstances that interfere. In preparation for school, the KHS halls and classrooms are asbestos free. The asbestos abatement and floor covering project is the culmination of a multi -year program to remove asbestos containing floor materials from our schools and to replace it with new non - hazardous carpet and tile. KHS halls and classrooms are now free of asbestos. This project was completed ahead of schedule and approximately $90,000 (31 %) under budget. The Northstar gym floor replacement is nearing completion (80 %+). This project includes the removal and disposal of 8,000 square feet of rubberized flooring and replacement with a non - hazardous user friendly surface. This project is slightly behind schedule due to the time consuming stripping process but will be completed next week in time for the opening of school. It is also under budget, but by a slimmer margin, even considering and due to the expensive removal and disposal of the hazardous materials, which was not foreseen in the budget process. For your information, I will be out of town attending the ICMA conference in San Antonio, TX from Friday, September 8, 2006, returning to the office on Wednesday, September 20, 2006. While I am out I plan to attend the conference, spend a long weekend with family and will also be conducting some borough business in Anchorage. August 17, 2006 1. INVOCATION Sergeant Major Dave Blacketer of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Clerk's note: Assemblymembers may be out and asked to be excused. Recommended motion: Move to specifically excuse any Assemblymembers that are absent. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda as submitted. VOICE VOTE ON MOTION TO APPROVE THE AGENDA 5. APPROVAL OF MINUTES - None 6. AWARDS AND PRESENTATION - None 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda items not scheduled for public hearing and general comments. Read phone numbers: Local: 486 -3231 Toll Free: 1- 800 - 478 -5736 ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 8. COMMITTEE REPORTS - None Regular Meeting Assembly Chambers Kodiak Island Borough Assembly Guidelines August 17, 2006 Page 1 9. PUBLIC HEARING - Limited to five minutes per speaker. 1. Ordinance No. FY2007 -04 Submitting to the Qualified Voters the Question of Establishing the Spruce Cape Streetlights Service Area to Provide, Construction, Operation, and Maintenance of Streetlights in the Spruce Cape Subdivision as reflected on the Attached Map. Recommended motion: Move to adopt Ordinance No. FY2007 -04. Staff Report- Manager Gifford. Open public hearing. Read phone numbers: Local: 486 -3231 Toll Free: 1- 800 - 478 -5736 Comments are limited to five minutes per speaker. ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. Close public hearing. Assembly discussion - amendments may be offered at this time. ROLL CALL VOTE ON MOTION 2. Ordinance No. FY2007 -05 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $7,500,000 to Finance Planning, Design, and Construction of a New Swimming Pool and Related Capital Improvements and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 3, 2006 Regular Borough Election. Recommended motion: Move to approved Ordinance No. FY2007 -05. Staff Report- Manager Gifford. Open public hearing. Read phone numbers: Local: 486 -3231 Toll Free: 1- 800 - 478 -5736 Comments are limited to five minutes per speaker. ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. Close public hearing. Assembly discussion - amendments may be offered at this time. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines August 17, 2006 Page 2 10. BOROUGH MANAGER'S REPORT - Manager Gifford 11. MESSAGES FROM THE BOROUGH MAYOR - Mayor Selby 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS - None 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda items not scheduled for public hearing and general comments. Read phone numbers: Local: 486 -3231 Toll Free: 1- 800 - 478 -5736 ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 15. ASSEMBLYMEMBER COMMENTS ANNOUNCEMENTS - Mayor Selby The Assembly will meet in a work session on Thursday, August 31 at 7:30 p.m. in the Borough Conference Room and a regular meeting on Thursday, September 7, 2006 at 7:30 p.m. in the Assembly Chambers. Absentee voting for the Primary election is available in the Borough Clerk's office until Monday, August 21. Remember to vote on Tuesday, August 22. The polls will be open from 7:00 a.m. to 8:00 p.m. Please call the Borough Clerk'S office at 486 -9310 if you have questions or need information. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines August 17, 2006 Page 3