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1988-03-17 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held March 17, 1988, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:32 p.m. (A verbatim record is on file in the Clerk's office) The invocation was given by the Reverend Donald McCullough of the Church of the Nazarene, followed by the Pledge of Allegiance. There were present: ROLL CALL Lorne White, Presiding Ken Gregg Tom Merriman Excused: Ann Barker comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk APPROVAL OF AGENDA APPROVAL OF AGENDA GREGG, seconded by MCFARLAND WITHOUT OBJECTION, SO ORDERED KODIAK ISLAND BOROOGE Regular Assembly Meeting March 17, 1988 Alan Austerman Jack McFarland Wayne Stevens CONSENT AGENDA CONSENT The items on the consent agenda were read aloud by the Borough Clerk. GREGG, moved to approve agenda as seconded by MERRIMAN submitted. MOTION CARRIED Unanimous Voice Vote Assemblymember Austerman moved to add to the Executive Session discussion on the contract with the operators of the baler facility, the possible violation of purchasing ordinances. Assemblymember Austerman suggested that Northland Ranch be discussed during the next work session. REGULAR MEETING move to approve agenda with addition of Regular Assembly Meeting Minutes of March 3, 1988 under "Approval of Minutes" and Pev:. No. 88 -22 -R under "New Business ". APPROVAL OP NMI'S A. Regular Assembly Meeting Minutes of February 18, 1988 This item was previously approved under the "Consent Agenda." CITIZEN'S COMM Meldonna Cody spoke regarding a restaurant designation permit for Northland Ranch. She would like to be notified when the item appears on the agenda. She requested that the assembly reconsider their request for a wall or barrier because the facility is a lodge as opposed to being a restaurant and bar. She read a letter from Gabrielle LeDoux in support of the restaurant designation permit. APPR77 :.: - MINUT.ES CIT:7ES " °NT KIBS103654 March 17, 1988 Page • Kodiak Island Borough Regular Assembly Meeting Mike Dolph, unit commissioner for the Kodiak Boy Scouts, spoke in CITIZEN'S COMMENTS support of the Northland Ranch request for a restaurant designation. Christopher Rankin, a Boy Scout Master who was concerned about using the Northland Ranch facility for a upcoming Boy Scout func- tion, explained that recent changes in Liquor licensing laws require that an establishment have a restaurant designation permit before minors who are unaccompanied by their parents are allowed on the premises. He urged the assembly to voice non - objection to the ABC Board granting a conditional waiver for a restaurant designation so the Boy Scouts could utilize the facility the following weekend. Dave Herrnsteen said the Architectural Review Board had enabled borough buildings to be well designed, but there had been mechanical problems which engineers might have been able to avoid. He suggested closer scrutiny in future projects. Tom Arminsky spoke as a representative of the Alaska Power Authority on Resolution 88 -17 -R - Disposal of Borough Lands for Less Than Fair Market Value for the Terror Lake Hydroelectric Projects. He said in February, 1988, the APA had requested 12.5 acres of land at a purchase price of $3,000 in contrast to the assessed value of $27,000. He said that APA was attempting to meet Title 17 requirements. Walt Ebell spoke as a representative of the Old Harbor Native Corporation in support of Resolution 88 -21 -R regarding the Alaskan Native Land Exchanges. He said 300,000 acres of land on Kodiak and Sitkalitik Island were being exchanged with the Department of Interior for subsurface rights in ANWR. This proposal would return the acreage to public ownership and, therefore, benefit all Alaskan residents as well as the Native Corporations, he added. Donna Ruch, caretaker of the Community Baptist Church, spoke of the immediate need for a shelter for the homeless. She noted there had been progressively more needy people over the past four years. She and her husband have been asked to be on the board, and they hope to be able to answer questions that were brought up in the work session. She urged expediency. Joseph McCarty, a commercial fisherman, said he had flown in from Dutch Harbor. He could not find a place to stay and was considered homeless until he received a check from fishing and could rent a place. He said the Community Baptist Church basement was his only option for shelter. C@sann IMPORTS COMMITTEE REPCRT l Robin Heinrichs, a planning and zoning commissioner, said the commission was continuing the rewrite of Title 17 and noted the work session next Wednesday. In April, the commission would work with a Womens Bay group on their comprehensive plan, he added. Assemblymember Stevens said the hydrology report had been received from the Corps of Engineers on the water movement down the backside of Pillar Mountain to Selief Lane and into Beaver Lake. The size of the problem may indicate rerouting the water rather than installing culverts, he said. Assemblymember Austerman spoke as a member of the KITs (Kodiak Island Transportation) which deals with the city and state of Alaska Department of Transportation. He said there was no money in the budget for state road repair in Kodiak. He reported on a discussion about building an alternative road behind Kalsin Bay Hill along the powerline and its merits as opposed to repairing the existing road. Rerouting the road would make the borough eligible for federal funding with the state of Alaska having to match ten percent. He said the state of Alaska would be liable for 100 percent of a major project on Rezanof or Mill Bay Road. Originally there was two million dollars in the budget for Kodiak KIBS103655 March 17, 1988 Page 40 Kodiak Island Borough Regular Assembly Meeting roads but the money was lost in the trade off for the jobs bill. He stressed that Kodiak needed to work in July for money wanted in next year's capital projects budget. He called for a resolu- tion supporting the City of Kodiak's request for five million dollars to repair Mill Bay Road and have the state turn that road over to the city. PUBLIC BEARING A. Ordinance No. 88 -08 -0 Amending The Kodiak Island Borough Disciplinary Action Procedure Policy. MCFARLAND, moved to adopt Ordinance seconded by MERRIMAN No. 88 -08 -0. The presiding officer called for public testimony. The presiding officer closed the public testimony and reconvened the assembly. Mayor Selby explained that the ordinance filled a gap in the current personnel policies in rules of conduct. He differentiated between level 2- someone suffering the after effects of drug use, and level 3 -drug use on the premises. Assemblymember Austerman questioned verbal abuse by a borough employee, who is a public servant, to citizens of the community. Mayor Selby responded that use of abusive language was a level 1 offense while level 2 indicated repeated level 1 offenses. He said each complaint would have to be reviewed on a case by case basis. He pointed out there were two forms: the complaint form which can be filled out by anyone and available in all the departments, and another form which identifies action taken based on the complaint. VOTE ON MOTION TO ADOPT Ayes: Austerman, Gregg, McFarland, Merriman, Stevens, White Noes: MOTION CARRIED MESSAGES PRO THE BOROUGH MAYOR OID BUSINESS None Unanimous Mayor Selby reported the cost estimates were back on the Von Scheele walkway and a resolution would be presented at the next assembly meeting. A. Resolution No. 88 -13 -R Authorizing the Execution of a Cooperative Participation Agreement Among Alaska Municipali- ties and School Districts Creating the Alaska Municipal League Joint Insurance Arrangement. GREGG, moved to remove from table seconded by AUSTERMAN Resolution No. 88 -13 -R. VOTE ON MOTION TO REMOVE FROM TABLE MOTION CARRIED Unanimous Voice Vote Mayor Selby stated the resolution had been discussed in length at a borough work session and during a joint work session with the city council. He said the real issue was whether the assembly wanted to look at the quotes. COMMITTEE REPORTS (continued) PUBLIC HEARING ORDINANCE NO. 88 -08 -0 MESSAGES FROM MAYOR OLD BUSINESS RESOLUTION NO. 88 -13 -R KIBS103656 March 17, 1988 Page 41 Kodiak Island Borough Regular Assembly Meeting GREGG, seconded by AUSTERMAN VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous Voice Vote Assemblyman Gregg asked Mayor Selby to clarify several points in the resolution. Assemblyman Austerman thought the borough had been well represented by our local agency but felt it was financially prudent to check out competitive pricing on insurance. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: White MOTION CARRIED 5 Ayes, 1 No MOTION CARRIED Unanimous Voice Vote moved to amend to strike OLD BUSINESS "Quotes should be received by the first week of March." RESOLUTION NO. 88 -13 -R (continued) Gregg, McFarland, Merriman, Stevens, Austerman, B. Ordinance No. 88 -06-0 Amending Ordinance No. 87 -13 -0, FY 88 ORDINANCE Budget. NO. 88 -06 -0 AUSTERMAN, moved to remove from table seconded by MERRIMAN Ordinance No. 88 -06 -0. Assemblyman Austerman felt there had been an illegal purchase of equipment by the Engineering Department in violation of the borough's purchasing codes. AUSTERMAN, moved to delete $20,120 from seconded by MCFARLAND Engineering. VOTE ON MOTION TO AMEND Ayes: McFarland, Merriman, Stevens, Austerman, Gregg, White Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Merriman, Stevens, Austerman, Gregg, McFarland, White Noes: None MOTION CARRIED Unanimous NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS None B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 88 -15 -R Endorsing the Concept of a School Related Teen Center and Directing Staff to RESOLUTION Prepare Preliminary Design. NO. 88 -15 -R KIBS103657 March 17, 1988 Page 42 Kodiak Island Borough Regular Assembly Meeting STEVENS, moved to adopt Resolution NEW BUSINESS seconded by GREGG No. 88 -15 -R. RESOLUTION Assemblyman Austerman reported on a discussion he had with Linda NO. 88 -15 -R and Steven Kaminski regarding a commercial roller skating rink (continued) they are contemplating which would be oriented toward families and teens. He recognized the need for such a facility but did not want the government to do something that the private sector could provide. STEVENS, seconded by AUSTERMAN VOTE ON MOTION TO AMEND WITHOUT OBJECTION, SO ORDERED moved to amend to add and appropriate private sector interests." Assemblyman McFarland thought the assembly needed to hold a discussion with the new Teen Center operators regarding their philosophy about teenagers input into the operation of the facility. He also felt the school district concerns on the teen center should be addressed. MCFARLAND, moved to table Resolution No. 88 -15 -R. Motion Died Lack of second Assemblyman Stevens felt Assemblyman McFarland's concerns would be addressed during the preliminary design discussions. Assemblyman Austerman added that the school board did not want the Teen Center to be considered as a school related building. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: None MOTION CARRIED Unanimous Merriman, Stevens, Austerman, Gregg, McFarland, White 2. Resolution No. 88 -17 -R Authorizing the Disposal of Certain Borough Land Associated with the Terror Lake Hydroelectric Project for Less Than Fair Market Value to the State of Alaska. MERRIMAN, moved to adopt Resolution seconded by AUSTERMAN No. 88 -17 -R. (Clerk's Note: Mayor Selby left the meeting for a short time and Linda Freed filled in during his absence.) Linda Freed clarified the resolution by saying it would clean up the ownership issue and some liability issues because the state of Alaska would own the land where they have improvements. She answered questions from the assembly. VOTE ON MOTION TO ADOPT Ayes: Stevens, Austerman, Gregg, McFarland, Merriman, White Noes: None MOTION CARRIED Unanimous RESOLUTION KIBS103658 NO. 88 -17 -R 3. Resolution No. 88 -18 -R Acquiring Certain Land in Port RESOLUTION Lions in Exchange for Cancellation of a Hospital Debt. NO. 88 -18 -R March 17, 1988 Page 43 Kodiak Island Borough Regular Assembly Meeting AUSTERMAN, moved to adopt Resolution NEW BUSINESS seconded by MERRIMAN No. 88 -18 -R. Assemblyman Gregg inquired as to what would be done with the house which is located on the land. Linda Freed responded that the house was presently rented by the school district for use as a teacherage and she thought some negotiation could be worked out to continue the arrangement. Assemblyman Austerman pointed out that the initiating action to acquire the land was proposed by the family involved and not by the borough. VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous Voice Vote The presiding officer called for a ten minute recess. The presiding officer reconvened the assembly. 4. Resolution No. 88 -19 -R Authorizing the Acquisition of RESOLUTION Interest in Certain Land in Port Lions for a Waterline NO. 88 -19 -R Serving the Port Lions School. AUSTERMAN, moved to adopt Resolution seconded by MERRIMAN No. 88 -19 -R. VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous Voice Vote 5. Resolution No. 88 -20 -R Authorizing the Acquisition of RESOLUTION Certain Private Land for Additional Right -of -Way of NO. 88 -20 -R Cliffside Road GREGG, moved to adopt Resolution seconded by STEVENS No. 88 -20 -R. VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous Voice Vote 6. Resolution No. 88 -21 -R Supporting Proposed Kodiak Native Corporation Land Exchanges with the Department of Interior. MERRIMAN, moved to adopt Resolution seconded by MCFARLAND No. 88 -21 -R. Assemblyman Stevens commented that a tremendous amount of good would come from this land exchange and the resulting addition to the economic base of the community. He spoke in support of the resolution and Assemblyman Austerman concurred. VOTE ON MOTION TO ADOPT Ayes: Austerman, Gregg, McFarland, Merriman, Stevens, White Noes: None MOTION CARRIED Unanimous 7. Resolution No. 88 -22 -R Authorizing The Receipt And RESOLUTION Expenditure Of Municipal Grants From The State Of Alaska. NO. 88 -22 -0 AUSTERMAN, moved to adopt Resolution seconded by MCFARLAND No. 88 -22 -R RESOLUTION NO. 38 -18 -R RESOLUTION - NO. 88 -21 -R KIBS103659 March 17, 1988 Page 44 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO ADOPT NEW BUSINESS MOTION CARRIED Unanimous Voice Vote RESOLUTION NO. 88 -22 -R C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR None INTRODUCTION D. OTHER ITEMS OTHER ITEMS MCFARLAND, moved to add under "Other seconded by MERRIMAN Items" Waiver for Northland AGENDA ADDITION Ranch for Restaurant Designation Permit for March 19 -20, 1988. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote 1. Amendment to City of Larsen Bay School Construction Project Contract. STEVENS, seconded by MCFARLAND VOTE ON MOTION MERRIMAN, seconded by AUSTERMAN VOTE ON MOTION Ayes: moved to amend contract to City of Larsen Bay School Construction Project in an amount NTE $19,388. At the request of Assemblyman Gregg, Mayor Selby explained that during the excavation of the old school building's foundation in preparation to attach the school addition to the existing building, it was discovered that the contractors had not used galvanized nails when they nailed the foundation. As a result of water corrosion the heads of nails holding the all weather wood foundation had rusted off and the integrity of the foundation was questionable. This money would be used to correct the problem. He proceeded to answer additional questions from the assembly. Ayes: Gregg, McFarland, Merriman, Stevens, Austerman White Noes: None MOTION CARRIED Unanimous 2. Contract with KEA for Port Lions School Service Line. moved to approve contract with Kodiak Electric Association for Port Lions School Electrical Service Line in an amount of approximately $17,870. McFarland. Merriman, Stevens, Austerman, Gregg, White Noes: None MOTION CARRIED Unanimous KIBS103660 March 17, 1988 Page 45 AMENDMENT TO CITY OF LARSEN BAY SCHOOL CONTRACT. KEA CONTRACT FOR PORT LIONS SCHOOL 3. Authorization to Advertise for High School Code Remodel AUTHORIZATION TO Project. ADVERTISE FOR HIGH SCHOOL CODE REMODEL AUSTERMAN, moved to authorize PROJECT seconded by MERRIMAN advertising for proposals for the High School Code Remodel project. Kodiak Island Borough Regular Assembly Meeting At the assembly's request, Mayor Selby explained the scope of the Kodiak High School remodeling project and answered questions. VOTE ON MOTION Ayes: Merriman, Stevens, Austerman, Gregg, McFarland, White Noes: None MOTION CARRIED Unanimous 4. Approval of Waiver of Restaurant Designation Permit for Northland Ranch. MCFARLAND, seconded by MERRIMAN Assemblyman McFarland explained by approving this temporary permit the Boy Scouts could utilize Northland Ranch for the weekend of March 19 -20, 1988, without the assembly having to approve the Restaurant Designation permit. At Assemblyman Austerman's request, Mr. Rankin explained that the Alcohol Beverage and Control Board would not take offense at the use of this facility by the Boy Scouts as long as the local governing body was aware and concurred with the usage. MOTION CARRIED Unanimous Voice Vote woaY.TI0®L MaTBAWS (No action required) A. MINUTES OF OTHER MEETINGS B. 1. Architectural Review Board Meeting Minutes of January 12, 1988. 2. Monashka Bay Road Service District Board Minutes of February 16, 1988. 3. Worms Bay Comprehensive Planning Committee Meeting Minutes of February 9, 1988 REPORTS 1. KIB Financial Report for February 1988 2. Audit Management Letter - FY 1987 3. KIBSD Financial Report for January 1988 CITIZENS' COMMITS None ASSEMBLYMEN'S COMMENTS moved to approve temporary Restaurant Designation Permit for Northland Ranch for March 19 -20, 1988. Assemblyman Merriman commented on the testimony given this evening and stated there was definitely a need for a shelter for the homeless. He said he had made inquiries into the cost of utilities at the Teen Center, which is a building approximately the same size as the proposed shelter, and reported these utility costs were under $14,000 annually. He added the need for a shelter is "now" and not at some future date. Assemblyman Austerman inquired about a temporary hire wham he saw driving a borough truck on a Sunday and asked the mayor to look into it. He also requested a report on the Consolidation Committee and the Solid Waste Task Force. Assemblyman Gregg reported on the Solid Waste Task Force and the alternatives to the landfill. March 17, 1988 KIBS103661 NEW BUSINESS AUTHORIZATION TO ADVERTISE FOR HIGH SCHOOL REMODEL PROJECT (continued) APPROVAL OF WAIVER - NORTHLAND RANCH INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS CITIZEN'S COMMENTS ASSEMBLYMEN'S COMMENTS Page 46 Kodiak Island Borough Regular Assembly Meeting He noted that the Task Force had been working hard on recommendations for garbage rates increases. Assemblyman Stevens noted in reading the garbage baler facility summary, the term "contract" and inquired if there was an established contract management procedure or review process. Mayor Selby responded that the individual departments normally drafted their own contracts which then go for legal review. He said since he was the Contracting Officer, he had the responsibility for making the decisions as far as implementation of the contracts. Assemblyman McFarland reported on the Consolidation Committee and said they were still in the objective stage of gathering informa- tion on the different types of merging the two governments. Assemblyman White agreed with Assemblyman Merriman on the need for a shelter for the homeless. He noted that the assembly and the Planning and Zoning Commission would receive an increase in their stipend as a result of a change in Ordinance No. 88 -06 -0. He said he would like to discuss at a work session the possibilityof assemblymembers being allowed to participate in the borough insurance program in lieu of the stipend. EXECUTIVE SESSION AUSTERMAN, seconded by MERRIMAN Mayor Selby requested that the discussion regarding a possible personnel problem remain on the agenda and be open to the public since it involved him. MOTION WITHDRAWN MCFARLAND, seconded by GREGG MOTION CARRIED Unanimous Voice Vote The assembly went into Executive Session at 9:55 p.m. The presiding officer reconvened the assembly at 10:35 p.m. Assemblyman McFarland reported that violations by Alaska Delta, Inc. in landfill facility. MCFARLAND, seconded by AUSTERMAN VOTE ON MOTION Ayes: Ayes: MOTION CARRIED March 17, 1988 moved to recess to Executive Session to discuss possible violation of purchasing ordinance with the mayor and the clerk excluded and also to discuss possible litigation. moved to recess to Executive Session to discuss possible litigation. there have been some serious the operation of the baler/ moved to cancel contract with Alaska Delta, Inc. for operation of baler /landfill at 5:00 p.m. on March 18, 1988 and authorize staff to hire temporary help until July 31, i9oo. Merriman, Stevens, Austerman, Gregg, McFarland, White None Unanimous KIBS103662 ASSEMBLYMEN'S COMMENTS EXECUTIVE SESSION Page 47 KIBS103663 Kodiak Island Borough Regular Assembly Meeting Assemblyman Austerman said that he had asked for an Executive Session to discuss a letter of opinion from one of the borough attorneys regarding the purchase of equipment. He said he felt the handling of these purchases was a result of poor management practices. AUSTERMAN, seconded by MERRIMAN moved to direct staff to formulate new ordinance prohibiting sub- dividing purchase of goods. Assemblyman Austerman said that he had questioned the purchases of equipment in the Engineering Department in the amended budget ordinance. After receiving copies of the purchase orders used to purchase this equipment, he discovered the purchase orders were consecutively numbered and the amounts were just under the amount that the mayor was allowed to expend without authorization from the assembly. He felt this was an obvious attempt to circumvent current borough purchasing ordinances, and several assembly members had requested the clerk to get the attorney's opinion as to: 1) Did the mayor spend borough funds without an appropria- tion? and 2) Whether the mayor violated borough ordinances by the piecemealing manner in which he purchased the computer equipment? He said the attorney's response to question number one was that the mayor had authority to allocate funds within the departmental budget. Assemblyman Austerman read the attorney's comments to the second question which stated in his opinion the mayor had violated the borough ordinance by the piecemeal manner / in which he purchased the computer equipment. Assemblyman Austerman said his request for an Executive Session was an attempt to discuss the matter with the mayor and let him know how dissatisfied the assembly was in the manner the equipment was purchased. He related other past management practices where there had been disagreement and he said he hoped to come to some understanding with the mayor and to resolve the problems. Mayor Selby responded to these charges by saying that the Kodiak Island Borough had been reviewed by an outside agency which found that the management of the borough was probably one of the most effective in the country. He stated that the K.I.B. staff and management had saved the borough taxpayers an amount in excess of one million just last year. He pointed out two key points that he felt the attorney had overlooked in his letter of opinion and explained his decisions in each case. He said he had approached five different problems from a management perspective and in solving these five different problems had issued five different purchase orders based on his solutions. He stated that he had nothing to hide about the way he managed the Kodiak Island Borough and thus his reason for requesting an open hearing. He challenged anyone to show him that the borough was not being managed effectively. He stated the K.I.B. staff had not increased in size in five years, however, the amount of work asked of these employees had increased considerably. He said the only way the work had been accomplished was by buying computer equipment. MCFARLAND, moved to extend meeting past seconded by STEVENS 11:00 p.m. MOTION CARRIED Unanimous Voice Vote Mayor Selby said he had no problem with bring in the ordinance changes but he had a concern about making the process so cumber- some that it would take two or three months to purchase items. A discussion followed between the mayor and the assembly. ASSEMBLYMEN' s COMMENTS March 17, 1988 Page 48 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION ASSEMBLYMEN'S COMMENTS Ayes: Stevens, Austerman, Gregg, McFarland, Merriman, White Noes: None MOTION CARRIED Unanimous APIOORIME2IT ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 11:17 p.m. ATTEST: orough C L � KIBS103664 P ing Offi�� March 17, 1988 Page 49