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1988-05-05 Regular MeetingKIBS103680 Lorne White, Presiding Ann Barker Jack McFarland Wayne Stevens Linda Freed, Acting Borough Mayor Gaye Vaughan, Borough Clerk APPROVAL O! AGe_ CITIZEN'S COMMENTS None COENISnn MONTS ZODIAC ISLAND BOROUGH Regular Assembly Meeting May 5, 1988 A regular meeting of the Kodiak Island Borough Assembly was held May 5, 1988 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. (A verbatim record is on file in the Clerk's office) The Pledge of Allegiance was led by Lorne White. • There were present: ROLL CALL comprising a quorum of the assembly; and Alan Austerman Ken Gregg Tom Merriman STEVENS, moved to approve agenda as seconded by MERRIMAN submitted. A. K.L.B. Special Meeting of April 14, 1988. B. K.I.H. Assembly Regular Meeting of April 21, 1988. • These items were previously approved under the "Consent Agenda." Assemblymember Austerman gave a brief synopsis of the K.I.B. School District negotiating team's impasse with teachers regarding salaries. He said a federal mediator had been in Kodiak to meet with teachers and negotiators. After lengthy meetings, the mediator felt he could do nothing to settle the problem. He said the negotiating team met with the school board and came up with a counter proposal. A meeting to present the proposal was scheduled, however, he said the teachers cancelled the meeting. He felt that arbitration would be the next step. Assemblyman Austerman also reported on a Kodiak Island Trans- portation Committee meeting which he had attended. He said the meeting was a negative one because there was no money at the state level to maintain even the current staffing. He explained Corps of Engineers' projects in several Kodiak villages. May 5, 1988 Page 65 REGULAR MEETING APPROVAL OF AGENDA WITHOUT OBJECTION, SO ORDERED CONSENT AGENDA CONSENT AGENDA The items on the consent agenda were read aloud by the Borough Clerk. GREGG, moved to approve consent seconded by MCFARLAND agenda. MOTION CARRIED Unanimous Voice Vote APPROVAL or MINOTEN APPROVAL OF MINUTES CITIZEN'S COMMENTS COMMITTEE REPORTS Kodiak Island Borough Regular Assembly Meeting Mary Lou Knudsen, Planning and Zoning Commission representative, reviewed P&Z's May agenda in which the rezoning of four borough lots in Chiniak, and the investigation of industrial land in the Lakeside Subdivision are scheduled. She inquired whether the assembly had any direction for the commission in investigating these lots. Presiding Officer White asked assemblymembers to tour the Lakeside Subdivision area prior to meeting with P&Z on the issue. Ms. Knudsen also said the first mining permit for Sitkalidak Island had passed the state permitting process and was back before the Planning and Zoning Commission for review. PUBLIC REARING PUBLIC HEARING A. Ordinance No. 88 -09-0 Appropriating Additional Funding for ORDINANCE the High School Project. NO. 88 -09 -0 AUSTERMAN, moved to adopt Ordinance No. seconded by MERRIMAN 88 -09 -0. The presiding officer called for public testimony, there being none, the assembly was reconvened. Assemblyman Stevens explained the appropriation was for an additional $800,000 to cover the total cost of the 1.8 million upgrade of the high school facilities. The $800,000 would come from the W. R. Grace settlement monies, he added. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous B. Ordinance No. 88 -10-0 Exercising Call Privilege on General ORDINANCE Obligation Bonds of August 1, 1974. NO. 88 -10 -0 GREGG, moved to adopt Ordinance No. seconded by AUSTERMAN 88 -10 -0. The presiding officer called for public testimony, there being none, the assembly was reconvened. Assemblyman Austerman explained the borough would be exercising the call privilege on some outstanding bonds where the interest rate now exceeded the amount which could be earned on the investment of these funds. VOTE ON MOTION TO ADOPT Ayes: MOTION CARRIED Unanimous C. Ordinance No. 88 -11-0 Prohibiting Subdividing the Purchase ORDINANCE of Goods and Services for the Borough in a Manner that Cir- NO. 88 -11-0 cumvents the Competitive Bidding Requirements or Other Limitations Contained in the Borough's Purchasing Code. MERRIMAN, moved to adopt Ordinance seconded by MCFARLAND No. 88 -11 -0 May 5, 1988 KIBS103681 Gregg, McFarland, Merriman, Stevens, Austerman, Barker, White McFarland, Merriman, Stevens, Austerman, Barker, Gregg, white COMMITTEE REPORTS Page 66 Kodiak Island Borough Regular Assembly Meeting The presiding officer called for public testimony, there being PUBLIC HEARING none, the assembly was reconvened. Assemblyman Austerman explained this ordinance was written after ORDINANCE an apparent problem arose over the purchase of computers on NO. 88 -11 -0 several different purchase orders which were consecutively (continued) numbered. He felt these purchases were an attempt to circumvent borough ordinances and this ordinance would prevent such action in the future. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR Acting Mayor Freed recognized Pam Bogue, Computer Programmer/ Analyst as the K.I.H. Employee of the Month. Acting Mayor Freed proclaimed the month of May as Litter Pre- vention and Clean Up month and awarded Pat Szabo, chairman of the Litter Committee for the Chamber of Commerce, a plaque declaring the week of May 8 -14 as Litter and Prevention and Clean Up Week. The proclamation urged all K.I.B. residents to support the clean up campaign on May 14, 1988. Also, she proclaimed May 8 -14, 1988 as Municipal Clerks' Week, and the month of May as Perfect Posture Month. OLD BUSINESS None NEM BUSIN S A. BID AWARDS 1. Purchase of Computer Equipment. GREGG, seconded by MERRIMAN AUSTERMAN, seconded by MERRIMAN May 5, 1988 , Merriman, Stevens, Austerman, Barker, Gregg, McFarland, White move to approve purchase of computer equipment in an amount of approximately 54,306.65 from Island Computers; $994.00 from Telemart, Inc.; and 55,189.04 from Fast Micro. Assemblyman Gregg explained the bid award for members of the assembly. VOTE ON MOTION Ayes: Stevens, Austerman, Barker, Gregg, McFarland, Merriman, White moved to adopt Resolution No. 88 -33 -R. KIBS103682 MESSAGES FROM MAYOR OLD BUSINESS NEW BUSINESS BID AWARDS PURCHASE OF COMPUTER EQUIPMENT Noes: None MOTION CARRIED Ccanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 88 -33 -R Directing Preparation Of A Petition For Annexation To The Borough Of Territory RESOLUTION On The Alaska Peninsula. NO. 88 -33 -R Page 67 Kodiak Island Borough Regular Assembly Meeting Acting Mayor Freed explained that a revised resolution was in the assembly's packet changing the description of the area to be annexed to a line extending north from Cape Kumlik rather than Kupreanof Point so as to exclude the Chigniks. Assemblyman Austerman spoke in favor of the resolution and explained that annexing this area would aid in gaining control of the Shelikof Straits which is so important to the fisheries. He mentioned that if oil resources in the area were developed at some future date this resolution would be a positive plus on tax basis. STEVENS, seconded by AUSTERMAN VOTE ON MOTION TO AMEND WITHOUT OBJECTION, SO ORDERED VOTE ON MOTION TO ADOPT AS AMENDED moved to amend Resolution No. 88 -33 -R to change "Kupreanof Point" to "Cape Kumlik." Ayes: Austerman, Barker, Gregg, McFarland, Merriman, Stevens, White Noes: None MOTION CARRIED Unanimous 2. Resolution No. 88 -35 -R Pledging Up To $100,000 For RESOLUTION Removal Of The Pier III Shoal. NO. 88 -35 -R MERRIMAN, moved to adopt Resolution seconded by STEVENS No. 88 -35 -R. Assemblyman McFarland asked to abstain from voting on this issue due to a possible conflict of interest. Assemblyman Austerman said that he understood the city of Kodiak had applied for a permit for this work, and the subject had been discussed with the Corps of Engineers at the KITS meeting. He noted the Corps of Engineers saw no problem with this project. At the request of Assemblyman Merriman, Jack McFarland, a Sealand employee, explained that if pier two was extended as proposed, the pier would encroach into the turning basin of the ships. He said the turning basin was narrow and removing the shoal would widen it. Regarding the funding for this shoal removal, Mr. McFarland said he understood the city of Kodiak, K.I.B., Sealand, American President Lines and the state of Alaska were uniting to fund the project to eliminate this obstacle. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Barker, Gregg, Merriman, Stevens, Austerman, White. Noes: None Abstain: McFarland MOTION CARRIED 6 Ayes, 0 Noes, 1 Abstention KIBS103683 May 5, 1988 Page 68 NEW BUSINESS RESOLUTION NO. 88 -33 -R Kodiak Island Borough Regular Assembly Meeting C. ORDINANCES FOR INTRODUCTION BARKER, seconded by STEVENS 1. Ordinance No. 88-13-0 Levying Taxes On All Taxable Real And Personal Property Within The Borough For The Expenses And Liabilities Of The Borough For The Fiscal Year Commencing On The First Day Of July, 1988 And Ending On The Thirtieth Day Of June 1989. This item was previously approved in first reading under the "Consent Agenda." D. OTHER ITEMS 1. Kodiak Electric Association Power Sales Agreement. MERRIMAN, moved to approve KEA Power seconded by GREGG Sales Agreement. Acting Mayor Freed said that Kodiak Electric Association had not had the opportunity to put the comments and notations to the contract in writing, and she suggested the item be tabled until it was done and reviewed by the assembly. BARKER, moved to table KEA Power seconded by STEVENS Sales Agreement. VOTE ON MOTION TO TABLE MOTION CARRIED Unanimous Voice Vote 2. Approval Of Hiring Construction Inspector Above Step A. move to approve hire of Construction Inspector at Range 20.5 - Step C. Assemblyman Austerman asked to have the functions of the position and the qualifications of the applicant explained. Acting Mayor Freed explained the request came from the Facilities Department to hire at a higher step because of the experience of the applicant. In response to a question from Assemblyman Merriman, Acting Mayor Freed stated the position was advertised in -house for the required five days. Assemblyman Austerman said the assembly had a draft budget before it at this time, and he felt there was a need to look at overall salaries of the borough employees. He said he was having a problem with some of the department heads' proposed salaries and compared them to teachers' salaries. He thought the entire process needed to be looked into further He said he was opposed to this action until he could review the borough salary structure. Assemblymember Barker agreed that the borough salary structure should be examined. However, referring to problems in the past, she said she believed rho Cnnerroor400 Too..e..r... ....e, « :.... .., w_ vitally important in preventing future problems and stated - she er would vote for this hire. AUSTERMAR, seconded by GREGG KIBS 103684 May 5, 1988 moved to table approval of hire of Construction Inspector at Range 20.5 - Step C until the May 19, 1988 meeting. APPROVAL OF HIRING CONSTRUCTION INSPECTOR Page 69 NEW BUSINESS ORDINANCES FOR INTRODUCTION ORDINANCE NO. 88 -13 -0 OTHER ITEMS KEA POWER SALES AGREEMENT Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO TABLE Ayes: Noes: MOTION CARRIED McFarland, Merriman, Stevens, Austerman, Barker, Gregg, White None Unanimous 3. Approval of AML Joint Insurance Agreement. GREGG, moved to approve AML Joint seconded by AUSTERMAN Insurance Agreement. Assemblyman Gregg clarified that his motion was for discussion purposes only. He said in reviewing the information from the AML Joint Insurance Association that he felt it was incomplete and without an understanding of what needed to be bid on. He said he would vote against entering into an agreement. Assemblyman McFarland concurred with Assemblyman Gregg's statement and a discussion followed between the members of the assembly and the Acting Mayor. VOTE ON MOTION Ayes: Noes: MOTION FAILED A. May 5, 1988 IMEMOIITIORAL MATERIALS (No action required) B. REPORTS None C. OTHER None CITIZENS' COMMENTS MINUTES OF OTHER MEETINGS None KIBS103685 Merriman, Stevens, Austerman, Barker, Gregg, McFarland, White 0 Ayes, 7 Noes 1. K.I.B. Mental Health Center Advisory Board Work Session Notes for January 18, January 27, and February 11, 1988; Regular Meeting Minutes for February 1, and February 29, 1988; Special Meeting Minutes for February 8, 1988. 2. K.I.B. School District Regular Meeting Minutes for March 28, 1988. 3. K.I.B. Planning And Zoning Commission Regular Meeting of April 20, 1988. Tom Sweeney, Sweeney Insurance, Inc., stated that he had just received a telephone call from an individual in Fairbanks who was involved with insurance. This individual told him that Mr. Brian Phillips who was a JIA board member and city manager of Fairbanks would recommend on Monday to opt out of the Joint Insurance Association. He also mentioned that the Fairbanks North Star Borough had taken similar action today. He commended the assembly for their decision. NEW BUSINESS OTHER ITEMS APPROVAL OF HIRING CONSTRUCTION INSPECTOR (continued) APPROVAL OF AML JOINT INSURANCE AGREEMENT INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS Page 70 Kodiak Island Borough Regular Assembly Meeting Robert MacFarlane, K.I.B. Facilities Coordinator, asked the assembly to reconsider their earlier action on the Construction Inspector hire. He said the Facilities Department could not afford to be understaffed for two weeks as they were in the middle of five bond projects, the hospital project, and the land- fill close out project. He stated these projects had great potential cost implications which could come back to haunt the borough if the projects were not inspected properly. He spoke to Mr. Hickok's qualifications and background. Mr. MacFarlane responded to questions from the assembly. AUSTERMAN, seconded by BARKER VOTE ON MOTION TO RECONSIDER Ayes: Austerman, Barker, Gregg, McFarland, Merriman, Stevens, White Noes: None MOTION CARRIED Unanimous Presiding Officer White noted that the motion to table was now before the assembly. VOTE ON MOTION TO TABLE Ayes: None Noes: Barker, Gregg, McFarland, Merriman, Stevens, Austerman, White MOTION FAILED Unanimous AUSTERMAN, MOTION DIED T6R LACK OF SECOND VOTE ON MOTION move to amend to approve hire of Construction Inspector at Range 20.5 - Step A. A discussion followed between the assemblymembers and Mr. MacFarlane regarding funding of the Construction Inspector's position. Ayes: Barker, Gregg, Stevens, White Noes: McFarland, Merriman, Austerman MOTION CARRIED 4 Ayes, 3 Noes a 0e...e.e.. =.e ,vas CITIZENS' COMMENTS moved to reconsider motion RECONSIDERATION OF to table approval to hire APPROVAL TO HIRE Construction Inspector at CONSTRUCTION Range 20.5 - Step C. INSPECTOR Assemblyman Austerman thanked Pat Szabo for her efforts in heading the Kodiak Chamber of Commerce Clean Up Committee. He noted opinions in the packet from an attorney in Fairbanks and questioned the reason why the local borough attorney was not consulted on these matters. He also requested a feeling from the assembly whether guidelines were going to be drawn as to how the staff handled attorney's opinions and which attorneys would be hired to issue these opinions. KIBS103686 Ma 5, 1988 Page 71 ASSEMBLYMEN'S COMMENTS Kodiak island Borough Regular Assembly Meeting The borough clerk responded to Assemblyman Austerman's questions and a discussion followed between the assembly and the clerk. it ASSEMBLYMEN'S was decided that a discussion would be held at a future work session COMMENTS regarding the development of a policy on referrals to attorneys. Assemblyman Gregg asked the Acting Mayor if the borough personnel regulations specified the entry level for hiring temporary employees. He said if the personnel regulations were not clear on this matter that they should be clarified. Assemblyman Stevens also commended Pat Szabo for her community involvement with the Litter Clean Up Committee. Assemblyman White announced up coming assembly meetings and work sessions. He directed the clerk to make available to the public copies of the budget. Assemblyman Austerman inquired about the duties of a temporary employee who had been seen driving a borough vehicle on Sunday. Robert MacFarlane responded that the employee had worked every Sunday for several months. Mr. MacFarlane explained that much of the Facilities Department's work had to be done to accommodate other people's work schedules, and he explained the various projects. ADJODRIMIMI1' There being no further business to come before the assembly, the meeting adjourned at 8:57 p. ATTEST: Borough Cl -lat tec., iy 5, 1988 Page 72 ADJOURNMENT KIBS103687