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1989-02-07 Regular Meetingf . Kodiak Island Borough �.. SERVICE DISTRICT NO. 1 BOARD OF SUPERVISORS Regular Meeting - February 7, 1989 MINUTES 1. CALL TO ORDER AND ROLL CALL Mr. James L. Fisk, Jr., Chairman, called the meeting to order at 7:48 p.m. in the Borough Conference Room. Members Present Members Absent Jim Fisk, Chairman Earl Smith (excused) Tony Perez, Vice -Chairman Norman Wooten (excused) Scott Arndt James Berg Staff Present (Engineering) Okey Chandler Dan Millard, Construction Inspector Ann Moen, Secretary A quorum of the Board was determined to be present. Also present was Mr. William M. "Mack" McDonald, the Service District's maintenance contractor for its eight sewage lift stations and two generators. Mr. Arndt moved, and Mr. Berg seconded the motion, that Mr. Smith's and Mr. Wooten's absences be excused, since both members had provided notice of their inability to attend the meeting because of work -related conflicts. The motion passed by unanimous voice vote. 2. APPROVAL OF AGENDA Mr. Berg moved, and Mr. Perez seconded the motion, that the agenda be approved as presented. The motion passed by unanimous voice vote. 3. MINUTES OF PREVIOUS MEETING - January 3, 1989 Mr. Arndt moved, and Mr. Perez seconded the motion, to approve the January 3, 1989 minutes as presented, with the stipulation that spelling errors be corrected. The motion passed by unanimous voice vote. 4. APPEARANCE REQUESTS AND AUDIENCE COMMENTS (A) Mr. Fisk introduced Mr. McDonald to the Board members, explaining that he had asked him to appear before the Board to describe his work as maintenance contractor for the Service District, partially in light of the Board's upcoming budget work session and also because the last time Mr. McDonald had discussed his services to the Board was at the June 23, 1987 meeting. Mr. McDonald then addressed the Board, describing his twice -a -week rounds of the lift stations and evaluations of their performance and -1- DRAFT KODIAK ISLAND BOROUGH SERVICE DISTRICT NO. 1 BOARD OF SUPERVISORS February 7, 1989 Minutes - Page 3 (C) Ms. Ann Moen, removing herself from the conference table as staff Secretary to the Board and appearing as a member of the audience, introduced herself as a customer of Service District No. 1. Ms. Moen reported that Mr. Millard had told her that her name was also mentioned in the complaint to the Mayor and during the Assembly work session regarding the discussion of conflicts of interest. Ms. Moen stated to the Board for the record that she is fully aware of her responsibilities in maintaining impartiality in the performance of her work —including the preparation of Board meeting minutes —but that she also reserves her right to have and to express her private opinions regarding Borough or Service District matters when she is not acting as staff, on staff time. She would echo Mr. Millard's request that the Board rescind its January 3 action and rescind its decision in the Chandler/Steelman matter. Mr. Fisk reported that he had discussed the Chandler/Steelman case with Mayor Selby, and had asked the Mayor why he had received a letter requesting the Board to reconsider its original (May 3, 1988) decision —that is, to install utilities only to the Lot 2C property line at the Spruce Cape Road right -of -way —as being inconsistent with Board policy. Mr. Fisk quoted the Mayor as replying that "when the Service District was formed, what was there was there, and that's the way it is." Mr. Fisk stated that the Board has spent ten months considering this matter, unnecessarily, only because a handful of individuals were trying to manipulate the outcome in another direction —obviously. Mr. Arndt interjected his opinion that he does not agree, after which a heated exchange ensued between Mr. Fisk and Mr. Arndt regarding the Chairman's rights in conducting meetings and whether or not staff members have the right to express personal opinions as members of the audience. Mr. Millard was recognized by the Chairman and reminded the Board that when the Chandler/Steelman case was presented, staff presented only facts and did not make any recommendations to the Board. He also reiterated his awareness of his responsibility and his ability to perform impartially when acting as staff, and his right as a citizen to have and to express his personal opinions when he is not acting as staff or otherwise representing the Borough or Service District. The discussion continued, with Mr. Arndt, Mr. Berg, and Mr. Perez each stating his agreement with Mr. Millard's and Ms. Moen's right to have and express personal opinions when not acting as staff. Recent examples cited were Mr. Chandler's stepping down from the Board temporarily during the discussion and voting on his case, and Mr. Arndt's and Mr. Perez' stepping down from the Board tempor- arily during the discussions and voting on utilities design changes in the Kadiak First Addition area where each owns land to be served. -3- DRAFT KODIAK ISLAND BOROUGH SERVICE DISTRICT NO. 1 BOARD OF SUPERVISORS February 7, 1989 Minutes - Page 5 The motion passed 4-0 by voice vote, Mr. Chandler abstaining because of a conflict of interest. Mr. Millard was recognized by the Chairman, speaking as a member of the audience, stating that he had been informed by other staff that the action is not finalized until Findings of Fact have been adopted, so he hadn't prepared a formal written appeal of the Board's January 3 action for presentation tonight —and now that Findings of Fact have been adopted, there isn't any category on the adopted agenda remaining for such an appeal to be made. Following a brief discussion among Board members, the Board instructed the Secretary to change the agenda format for future meetings to permit "Appearance Requests and Audience Comments" before the "Approval of Agenda" item. Further, by general consensus, the Board members suggested that Mr. Millard present his written appeal to the Board for its consideration at its March meeting. 6. NEW BUSINESS (A) Mike Anderson's Request, Puffin Drive Road Maintenance Costs Mr. Fisk explained the request from Mike Anderson that Service District E(\ No. 1 pay Island Sand & Gravel & Equipment, Inc. invoices No. 2947-48 billed to Mr. Anderson for road maintenance on Puffin Drive during the period November 21-January 10 in the amount of $1,230.00. Borough policy requires the contractor/subdivider to maintain the roads he is cutting into/backfilling, etc., until his project has been completed and accepted by the Borough. In Mr. Anderson's case, the Mayor granted a 90-day extension of his subdivision agreement, which resulted in winter road conditions and maintenance requirements. The area for which Mr. Anderson is responsible extends approximately from Puffin Drive's intersection with Sean Circle to its turn into Curlew Way. Mr. Anderson presented the maintenance invoices, incurred partially while he was in Anchorage, to Mayor Selby who, Mr. Fisk reported, was adamant that Mr. Anderson should pay these amounts but forwarded the invoices to staff, asking that they be reviewed by the Board. Mr. Millard reported that he called Mrs. Anderson to tell her that the Board needs to receive a written request from Mr. Anderson, or at least he should appear before the Board to discuss his request. Following additional discussion, Mr. Arndt moved, and Mr. Perez seconded the motion, to approve payment of the Puffin Drive maintenance billings forwarded for Board review. The motion failed 5-0 on a roll call vote, and Mr. Fisk directed Ms. Moen to notify Mr. Anderson by letter of the Board's action. (B) FY190 Budgets and Work Programs Mr. Fisk ruled that a work session be held Tuesday night, February 21, to prepare draft budgets and work programs. -5- DRAFT KODIAK ISLAND BOROUGH SERVICE DISTRICT NO. 1 BOARD OF SUPERVISORS February 7, 1989 Minutes - Page 7 the freeze-up until spring for all problems which are associated with or related to the freeze-up, and further directed that any such charges which have been billed to customers should be credited back to them. In the event staff is unable to make the determination of whether or not the service call was related to freeze-up, staff should bring the individual situation to the Boards attention for its consideration on a case -by -case basis. The Board declined to take any action at this time regarding staff's recommendation that service call charges be provided for in the Code. 7. REPORTS (A) Committee Reports - Operation and Procedures/Code Revision Mr. Smith suggested an item for discussion under this category to Mr. Millard last week, but in his absence there was no report, no discussion, nor any action taken on this item. However, at this point Mr. Fisk mentioned the proposed Drainage Plan Mr. Millard had prepared and discussed with the Board at the October 11 meeting, and Mr. Fisk stated that this and several other matters need to be dealt with by this Board. Mr. Arndt reported that Linda Freed, Community Development Department Director, is currently preparing an application for grant funds to prepare an area -wide drainage plan. (B) Financial Reports Mr. Arndt moved, and Mr. Perez seconded the motion, to acknowledge receipt of the financial reports for the months of December 1988 and January 1989 provided to the Board with a subsequent authorization for payment to Island Sand do Gravel & Equipment Rental, Inc. The motion passed by unanimous voice vote. During a subsequent discussion of force account invoices and rates, Mr. Fisk handed out copies of the Borough's "Daily Report of Force Account Work" form included with force account contracts, stating that this form was not being used by the contractors. He asked if the Board wished to waive the requirement that the daily forms be submitted by the contractors, and/or if this contract requirement should be deleted from force account contracts. Mr. Arndt replied that the work listed on the contractor's invoices is easier for the contractor to use and shows more clearly what work was actually performed. Mr. Fisk replied that he has compared employee time cards with the hours shown on the invoices and has bound discrep- ancies. Mr. Perez noted that if the contractors are not using the daily form, they are not abiding by the terms of their contracts. -7- DRAFT