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1988-08-18 Regular MeetingLorne White, Presiding Jack McFarland Wayne Stevens WITHOUT OBJECTION, SO ORDERED KODIAK ISIAND BOROUGH Regular Assembly Meeting August 18, 1988 A regular meeting of the Kodiak Island Borough Assembly was held August 18, 1988, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:36 p.m. (A verbatim record is on file in the Clerk's office) The invocation was given by the Reverend Michael Green of the Kodiak Community Church followed by the Pledge of Allegiance. There were present: ROLL CALL Alan Austerman Tom Merriman Absent: Ann Barker Ken Gregg comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Gaye Vaughan, Borough Clerk APPROVAL OF AGENDA MERRIMAN, moved to approve agenda as seconded by STEVENS submitted. CONSENT AGENDA APPROVAL OF CONSENT AGENDA The items on the consent agenda were read aloud by the Borough Clerk. MCFARLAND, moved to approve consent seconded by AUSTERMAN agenda. MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES A. K.I.H. Assembly Regular Meeting of August 4, 1988. This item was previously approved under the "Consent Agenda." CITIZENS' COMMENTS Dan Moen, husband of a 9 -1/2 year K.I.B. employee, stated that his wife had represented the Engineering Department in the absence of the department head at the Planning and Zoning Commis- sion meeting on August 17. He said his wife was hired by the borough because she was a survey draftsman and very qualified to understand subdivisions and plats. He said during the P &Z meeting, one of the commissioners accused his wife of discrim- ination and slandered her as well as having slandered the borough engineer. Presiding officer White cautioned Mr. Moen not to use names when making statements. Mr. Moen continued to relate the events of the P &Z meeting and said that his wife who represented staff was unable to defend herself during the public hearing. He stated the attack was personal in nature and had nothing to do with the merits of the subdivision. He stated that P &Z Commissioners were appointed by the assembly and served at its pleasure in an advisory capacity, and he requested that this particular commissioner be removed immediately. August 18, 1988 REGULAR MEETING APPROVAL OF AGENDA APPROVAL OF MINUTES CITIZENS' COMMENTS Page 121 Kodiak Island Borough Regular Assembly Meeting Michael Rasmussen stated that he had attended the previous CITIZENS' COMMENTS night's P &Z meeting, and disagreed with the previous speaker. He (continued) said as a borough resident, tax payer, businessman, and voter, he respectfully wished that the assembly would consider reviewing and supporting the mayor in any efforts he might take to make some adjustments or replacements in staff. He said he was personally very disappointed and unhappy with the senior engineer because the engineer had caused himself and others unnecessary grief and financial expense and had put the P &Z Commission in an awkward light. Scott Arndt stated that Mr. Rasmussen had accurately stated an ongoing problem with the Engineering Department. He referred to a case he had before P &Z where the engineering report was incom- plete, inconsistent, and totally untrue. He thought the P &Z Commission was not getting the information it needed to make decisions that it was required to make. He agreed that changes needed to be made, and added the chief administrator of all the borough employees was aware of the situation. Scott Thompson disagreed with the statement that he made accusa- tions about the Engineering secretary. He said he affirmed the public testimony regarding the borough engineer. He said as an appointed individual on the P &Z Commission, he found the engineer's work to be inconsistent, incomplete, and biased toward certain individuals in the community. He said the problem had created confusion. He thought the uncertainties regarding the borough's ability to serve the public in a fair and responsible manner were definitely questionable. Jim Venable, a commercial fisherman, stated that he lived in Kodiak year around. He said he had filed for an exception for outdoor storage. He said there had been a lot of confusion at the meeting and felt that his case had not been dealt with fairly. He asked to presented his case to the assembly. Mayor Selby said that Mr. Venable should file an appeal to the assembly on the P &Z Commission's decision. Scott Arndt asked if the assembly had instructed the Planning and Zoning Commission members not to approve exceptions for fishing gear storage. Assemblyman McFarland stated that the assembly did not set policy in that fashion. He said the way the assembly set policy was through the decision making process. Scott Thompson related his feelings on Mr Venable's case. COMMITTEE REPORTS A. Appointments to K.I.B. Mental Health Advisory Board MERRIMAN, seconded by STEVENS VOTE ON MOTION Noes: None MOTION CARRIED Unanimous August 18, 1988 moved to appoint to K.I.B. Mental Health Advisory Board Dr. Frank Caprio to a term expiring December, 1990; Karen Perkins to a term expiring December, 1989; and Nancy Perry to a term expiring Decembei, 1988. Ayes: Austerman, McFarland, Merriman, Stevens, White COMMITTEE REPORTS APPOINTMENTS TO MENTAL HEALTH ADVISORY BOARD Page 122 Kodiak Island Borough Regular Assembly Meeting PUBLIC BEARING PUBLIC HEARING A. Resolution No. 88 -52 -R Establishing Solid Waste Collection And Disposal Rates. STEVENS, moved to adopt Resolution seconded by MERRIMAN No. 88 -52 -R. The presiding officer called for public testimony. Bill Bulen, Kodiak Sanitation, spoke in favor of eliminating dump fees. He thought the assembly might be putting the "cart before the horse" in establishing rates without a certificate of public necessity and convenience. Scott Arndt spoke to disposal fees at the landfill site and agreed with the "no charge" wording. He questioned why the garbage had to be bagged and thought it would be far cheaper to eliminate the word "bagged." He suggested a change in the wording. He opposed the paragraph stating that every residential unit would be charged for solid waste collection services and commercial garbage services to residential units would not be available. He thought larger apartment complexes and trailer courts would be better served by paying for services based upon volume of waste produced. Assemblyman Austerman stated the Solid Waste Task Force Committee had made the recommendations which were incorporated into this resolution. John Parker opposed the inequities in disposal fees for trucks, the section regarding commercial and governmental customers being served by private companies, lower rates for senior citizens with business enterprises, and the fees charged for apartment complexes. He said his main concern was what to do with the garbage from the twelve tenants in his apartment complex if the garbage was only picked up once a week. Michael Rasmussen, trailer park owner, said he was quite happy with his present dumpster service and questioned the proposed method of billing for the garbage service. Fred Nass, Kodiak Sanitation, elaborated on the problems with the proposed change to designate dumpsters in trailer parks and apartment complexes as public dumpsters. He stated that accord- ing to his calculations when everything was averaged out, there would be little if any radical gain or loss in revenue by billing each unit individually. John Parker pointed out the owner's liability involved in having a public dumpster on private land. Michael Rasmussen explained that there were a number of electrical meters at his trailer court for various lighting systems, and if the borough was going to bill according to KEA meter hookups, it would be awkward for the borough to collect garbage payment separately from his tenants. The presiding officer closed the public testimony and reconvened the assembly. Assemblyman McFarland felt that the resolution needed revising in view of the public hearing testimony. MCFARLAND, moved to table Resolution No. 88 -52 -R. MOTION WITHDRAWN August 18, 1988 Page 123 RESOLUTION NO. 88 -52 -R Kodiak Island Borough Regular Assembly Meeting Mayor Selby clarified several points brought up during public hearing testimony and suggested changes in the wording of the resolution. STEVENS, seconded by AUSTERMAN VOTE ON MOTION TO AMEND Ayes: McFarland, Merriman, Stevens, Austerman, White Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Merriman, Stevens, White Noes: Austerman, McFarland MOTION FAILED 3 Ayes, 2 Noes The presiding officer called for a five minute recess. The presiding officer reconvened the assembly. B. Ordinance No. 88 -23 -0 Adopting a Local Financial Disclosure ORDINANCE and Placing the Question of Exemption from the State Financial NO. 88 -23 -0 Disclosure Law (A.S. 39.50) on the Ballot. STEVENS, seconded by AUSTERMAN STEVENS, seconded by AUSTERMAN moved to amend paragraph: 1. a. add or covered" before garbage; 2. d. add "on their residence" after rates; 3. strike second sentence. moved to adopt Ordinance No. 88 -23 -0. moved to amend Ordinance No. 88 -23 -0 to delete the present section 3 and add a new section 3 to read "This ordinance takes effect upon passage by a majority of those electors qualified and voting on the following question at the regular election to be held on October 4, 1988." The presiding officer called for public testimony. John Parker explained this ordinance was the result of an incident which occurred last year when he attempted to file for a seat on a service district board. He said when he went to fill out the paperwork, he did not have the necessary information which was required under the law. He pointed out that in the last five years there were more assembly appointments to service district boards than individuals elected to the same service district scats. •• = o -- this indicated t0 him that something Was wrong with the system which was namely the current complicated financial disclosure document. The presiding officer closed the public testimony and reconvened the assembly. Assemblyman Stevens pointed out the only change made to the ordinance was the removal of the condition which required candi- dates for service district boards to file the financial disclosure reports which the mayor, borough assembly member, school board member or P&Z commission member was required to file. August 18, 1988 Page 124 PUBLIC HEARING RESOLUTION NO. 88 -52 -R (continued) Kodiak Island Borough Regular Assembly Meeting Assemblyman Austerman spoke in favor of the ordinance. PUBLIC HEARING VOTE ON MOTION TO AMEND ORDINANCE NO. 88 -23 -0 Ayes: Stevens, Austerman, (continued) McFarland, Merriman, White Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Austerman, McFarland, Merriman, Stevens, Noes: White MOTION CARRIED 4 Ayes, 1 No C. Ordinance No. 88 -24 -0 Amending The FY 1988 -89 Budget by ORDINANCE Appropriating $3,000 From Fund Balance For Respite Care. NO. 88 -24 -0 MERRIMAN, moved to adopt Ordinance seconded by AUSTERMAN No. 88 -24 -0. STEVENS, seconded by MERRIMAN moved to amend Ordinance No. 88 -24 -0 to add a line item of $3,000 for liability insurance for Small World. The presiding officer called for public testimony; there being none, the assembly was reconvened. Mayor Selby explained the addition of $3,000 for the Respite Care program was discussion and agreed upon during the budgetary process, however the amount was inadvertently omitted from the ordinance. In response to questions of the assembly, Gaye Vaughan, member of Small World Board of Directors, stated a request for $6,000 was made to help with liability insurance for a pilot program for latch key children. She explained the latch key children program and said this would be a one time request. VOTE ON MOTION TO AMEND Ayes: McFarland, Merriman, Stevens, Austerman, White Noes: VOTE ON MOTION TO ADOPT AS AMENDED None MOTION CARRIED Unanimous Ayes: Merriman, Stevens, Austerman, McFarland, White None Unanimous Noes: MOTION CARRIED MESSAGES FROM THE BOROUGH MAYOR Mayor Selby responded to a letter from Gordon Jones of the Bells Flats area regarding a guard rail along Lake Orbin road. He said the guard rail was shown in the road plans which were presently out to bid. August 18, 1988 Page 125 MESSAGES FROM MAYOR Kodiak Island Borough Regular Assembly Meeting Mayor Selby reported on his trip to Washington, D. C. and his MESSAGES FROM discussions with various individuals on the homeporting selec- MAYOR tion. He said he met with the law firm of Birch, Horton, (continued) Bittner, Cherot and Anderson to discuss their proposal to make contracts and provide information on behalf of the Kodiak Island Borough in the process of the Navy selecting a site for homeporting. He said based on subsequent discussions, he would recommend that the assembly seriously consider retaining this firm to distribute accurate information regarding the Kodiak Island Borough. He conferred with Jim Douglas and Jim Brennan of the National Marine Fisheries and said their discussion focused on the domestic observer program and the construction of a new facility to be built next to the Fisheries Industrial Center on Near Island. He net with Susan Reece, acting assistant secretary of the Interior to discuss the Maritime Refuge and also Senator Stevens' staff. OLD HUSINHSS OLD BUSINESS None NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS None B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 88 -51 -R Establishing Supplemental Board RESOLUTION Of Equalization Dates For The Year 1988. NO. 88 -51 -R This item was previously approved under the "Consent Agenda." 2. Resolution No. 88 -53 -R Amending The Area To Be Included RESOLUTION In The Annexation Of Property On The Alaska Peninsula. NO. 88 -53 -R STEVENS, moved to adopt Resolution seconded by MERRIMAN No. 88 -53 -R. At the request of Assemblyman Stevens, Mayor Selby identified the additional area to be included in the annexation as the Chirikof and Semidi Islands. He said this area was included as a result of input from the fishing community regarding the fishing activities conducted there. A discussion was held between Mayor Selby and assemblymembers. VOTE ON MOTION Ayes: Stevens, Austerman, McFarland, Merriman, White Noes: None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION None D. OTHER ITEMS 1. Authorization To Purchase Landfill Equipment Tires. MERRIMAN, seconded by AUSTERMAN August 18, 1988 moved to authorize purchase of tires for landfill equipment from Union Tire s Blake in an amount NTE 55,226 plus freight. ORDINANCES FOR INTRODUCTION OTHER ITEMS AUTHORIZATION TO PURCHASE LANDFILL EQUIPMENT TIRES Page 126 Kodiak Island Borough Regular Assembly Meeting STEVENS, seconded by AUSTERMAN VOTE ON MOTION TO AMEND MOTION CARRIED VOTE ON MOTION TO APPROVE AS AMENDED MOTION CARRIED INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS moved to amend to add purchase of two Goodyear spare tires from Goodyear Commercial Tire 5 Service Center in an amount NTE $768.25 plus freight. Unanimous Voice Vote Unanimous Voice Vote 1. Kodiak Island Hospital Advisory Board Regular Meeting of June 15, 1988. 2. Kodiak Island School Board Regular Meeting of July 18, 1988 and Special Meetings of August 1, 1988 and August 5, 1988. B. REPORTS 1. K.I.H. Financial Report for June and July 1988. C. OTHER None CITIZENS' COMMENTS John Parker questioned the direction the borough was heading with the landfill operation. He said the operation of the landfill looked good on paper, however, he questioned whether these savings would continue in view of additional purchases for equipment and tires. He also questioned the assignment of the borough engineer as the management agent for the landfill. He wondered if the borough engineer would be able to do the job effectively considering the time involved to supervise, operate, and manage the operation. He also brought up the maintenance on the equipment and thought the problems should be analyzed. Ann Moen clarified a statement made earlier in the meeting by her husband. She said she was in charge of subdivisions in the absence of the borough engineer and not acting head of the engineering department. She stated that she was not angry with anyone, but she did feel that it was entirely inappropriate for a person sitting as a commissioner in a public meeting to attack staff members and vilify them with untrue statements. Scott Thompson defended his actions of the last Planning and Zoning Commission meeting. Ann Moen explained her method of determining the area to be notified on public hearings for subdivisions. ASSEMBLYMEN'S COMMENTS Assemblyman Merriman thanked all the applicants who applied for the openings on the Mental Health Board. He also thanked those individuals who spoke at the public hearing and said it was proof that the system does work. He thanked the mayor for the work he accomplished in Washington, D.C. and said Kodiak was very fortu- nate to have a person of Mayor Selby's quality to represent Kodiak. August 18, 1988 NEW BUSINESS AUTHORIZATION TO PURCHASE LANDFILL EQUIPMENT TIRES (continued) INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS Page 127 Kodiak Island Borough Regular Assembly Meeting Assemblyman Austerman concurred with Assemblyman Merriman's ASSEMBLYMEN'S comments. He said it was very gratifying to have some input into COMMENTS the proceedings to help in making proper decisions. He thanked (continued) Mayor Selby for taking the extra time to work on borough business on a trip which was not borough related. Assemblyman Stevens thanked the five members of the summer youth litter patrol. He noted that without their efforts, the community would again be looking ragged around the edges and encouraged members of the community to pay attention to where they put their refuge. He urged each and every member of the community to get out and vote next Tuesday. Jack McFarland said that he had reviewed at the material on the solid waste collection and disposal rates and felt more comfort- able in making a decision. He asked to have Resolution 88 -52 -R with amendments brought back for reconsideration. MCFARLAND, moved to reconsider MOTION TO RECONSIDER seconded by STEVENS Resolution No. 88 -52 -R. RESOLUTION NO. 88 -52 -R As clarification Mayor Selby explained the only change from the resolution which was in place now, was the deletion of the five dollar fee for garbage brought to the landfill by car. Assemblyman Austerman said he still had problems with dumping fees for trucks of different sizes so he would still vote "no." Assemblyman Stevens pointed out this resolution was just one step in the process of making some corrections to the whole collection process. VOTE ON MOTION TO RECONSIDER Ayes: McFarland, Merriman, Stevens, White Noes: Austerman MOTION CARRIED 4 Ayes, 1 No Since the motion to reconsider passed, the motion to adopt is now on the floor. VOTE ON MOTION TO ADOPT Ayes: McFarland, Merriman, Stevens, White Noes: Austerman MOTION CARRIED 4 Ayes, 1 No Assemblyman McFarland also commented on the testimony given during the public hearing and thanked those individuals who spoke. Assemblyman White, in explaining why he voted against Ordinance No. 88 -23 -0, said he thought financial disclosure was necessary for service districts because people working in service districts were closer to the real world and knew what was going on. Also, he felt voters would be confused by what the assembly was attempting to do. He announced the next work session would be August 25 and the next regular meeting would be September 1. He said the Consolidation Committee would be having a guest speaker, Ginny Chitwood, on August 29 at 7:30. He also reminded everyone that the borough and city filing period for elected offices was open through August 26. He announced the borough clerk's office would be open on Sunday, August 21, from 1:00 to 3:00 p.m. for absentee voting. Also, he reminded everyone to vote on Tuesday and noted that the Mission Road precinct had been moved to the Kodiak College for this election only. August 18, 1988 Page 128 Kodiak Island Borough Regular Assembly Meeting AUSTERMAN, seconded by MCFARLAND ATTEST: 1 „ ✓ B roughrb�lk r� moved to recess to Executive Session to discuss items brought up during the meeting. VOTE ON MOTION' Ayes: Merriman, Stevens, Austerman, McFarland, White Noes: None MOTION CARRIED Unanimous The assembly recessed into Executive Session. The presiding officer reconvened the assembly. Assemblyman Austerman reported that no action would be taken on the discussion held during the Executive Session. He said the assembly had directed staff to provide them with tapes of the August 17 Planning and Zoning Commission meeting for review at the work session on August 25. ADJOURNMENT ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 10:17 p.m. August 18, 1988 Page 129 EXECUTIVE SESSION