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1988-12-15 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held December 15, 1988, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7 :34 p.m. (A verbatim record is on file in the Clerk's office) The invocation was given by Father Leo Desso, St. Mary's Catholic Church, followed by the Pledge of Allegiance. There were present: Lorne White, Presiding Ann Barker Tom Merriman Wayne Stevens comprising a quorum of the assembly; Jerome Selby, Borough Mayor Gaye Vaughan, Borough Clerk APPROVAL OF AGENDA STEVENS, seconded by MCFARLAND MOTION CARRIED CONSENT AGENDA The items on the consent agenda were Clerk. December 15, 1988 KIBS103774 KODAK ISLAND SCROOGE Regular Assembly Meeting December 15, 1988 Alan Austerman Jack McFarland John Parker and moved to approve agenda as submitted. Unanimous Voice Vote read aloud by the Borough MCFARLAND, seconded by STEVENS MOTION CARRIED APPROVAL OF MINOT= A. K.I.B. Assembly Regular Meeting of December 1, 1988. This item was previously approved under the "Consent Agenda." CITIZENS' COMMENTS Scott Arndt enlightened the assembly about a discussion on conflict of interest which had been held during a Planning and Zoning work session. After reading aloud from the K.I.B. code, he asked the assembly to state the procedure to be followed by boards and commissions regarding conflict of interest. He did not think it was right that a member of a board or commission could not represent another person or even themselves in front of that body. He said another issue raised was the interpretation of what constituted a direct or indirect financial interest. He stated the code was being taken literally, and he wished to have the intent of the code clarified by the assembly. At the request of the presiding officer, Mayor Selby explained the borough attorney's opinion was that a conflict of interest existed if. the individual derived a direct personal financial benefit. moved to approve consent agenda. Unanimous Voice Vote Page 178 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF CONSENT AGENDA APPROVAL OF MINUTES CITIZENS' COMMENTS Kodiak Island Borough Regular Assembly Meeting The Borough Clerk pointed out that the section of the borough code that Mr. Arndt read was consistent with Alaska State Statutes. She explained that the chairman of the board or commission rules as to who has a conflict of interest, but the rest of the board or commission could override the chairman's decision. During the discussion which followed, the decision was made to discuss the subject at a work session and to issue a directive on the interpretation of the policy to all boards and commissions. C@U4irrss REPORTS COMMITTEE REPORTS After attending an Architectural Review Board meeting, Assemblyman Parker stated he was impressed with the Level of expertise demonstrated by the individuals serving on the board. He felt this group of experts would save the borough millions of dollars over the course of time. Assemblyman McFarland reported on the Consolidation Committee and said the first draft of their findings would be available in January. The committee hoped to hold a public hearing for the people on the road system and a teleconference for the input from the villages, he added. A. Appointments of Assembly Representatives to K.I.B. Committees. APPOINTMENTS OF ASSEMBLY REPRESENTA- STEVENS, moved to appoint the TIVES TO K.I.B. seconded by MERRIMAN following Assembly COMMITTEES Representatives to K.I.B. Committees: Architectural Review Board - John Parker Hospital Advisory Board - Lonnie White Mental Health Board - Wayne Stevens Parks and Recreation - Tom Merriman Kodiak College - Ann Barker School Budget Review Board - Alan Austerman DP Steering Committee - Jack McFarland /Ann Barker Kodiak Transportation System (KTS) - Tom Merriman Consolidation Committee - Jack McFarland VOTE ON MOTION MOTION CARRIED PUBLIC BEARING Unanimous Voice Vote A. Resolution No. 88 -79 -R Establishing Solid Waste Collection RESOLUTION And Disposal Rates. NO. 88 -79 -R AUSTERMAN, moved to adopt Resolution seconded by STEVENS No. 88 -79 -R. The presiding officer called for public testimony. Scott Arndt questioned how the fees in this resolution compared to the fees charged at present. He also asked if the solid waste contractor was having to absorb the difference between the amount he received for picking up the garbage and the higher tip fees. Mayor Selby responded to Mr. Arndt's questions. The presiding officer closed the public testimony and reconvened the assembly. BARKER, moved to amend Resolution seconded by AUSTERMAN No. 88 -79 -R by substitution. Assemblyman Parker inquired about the fees charged for a home business and the amount of waste generated by these businesses. December 15, 1988 KIBS103775 CITIZENS' COMMENTS (continued) PUBLIC HEARING Page 179 KIBS103776 Kodiak Island Borough Regular Assembly Meeting A question and answer session took place between the assembly and PUBLIC HEARING the mayor. Assemblyman Austerman explained that he has been against the borough taking over the baler facility. He said the solid waste disposal operation was supposed to be on a "break even" basis and thought the assembly should look at the actual cost of operating the facility. VOTE ON MOTION TO AMEND Ayes: Barker, McFarland, Merriman, Parker, Stevens, White Noes: Austerman MOTION CARRIED 6 Ayes, 1 Noes VOTE ON MOTION AS AMENDED Ayes: Barker, McFarland, Merriman, Parker, Stevens, White Noes: Austerman MOTION CARRIED 6 Ayes, 1 Noes MESSAGES FROM TIME BOROUGH MAYOR Mayor Selby wished everyone in the Kodiak Island Borough a "Merry Christmas" and a "Happy New Year." OLD BUSIIHSSS OLD BUSINESS None NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Award of Road Maintenance Contract for Women's Bay Service Area to Brechan Enterprises, Inc. This item was previously approved in first reading under the "Consent Agenda." 2. Award of Road Maintenance Contract for Service District SERVICE DISTRICT No. 1 to Island Sand And Gravel, Inc. NO. 1 ROAD MAINTE- NANCE CONTRACT AWAR This item was previously approved in first reading under the "Consent Agenda." 3. Award of Municipal Facilities Snow Removal and Sanding MUNICIPAL FACILITIE Contract to Island Sand And Gravel, Inc. SNOW REMOVAL AND SANDING CONTRACT This item was previously approved in first reading under the AWARD "Consent Agenda." B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 88 -78 -R Supporting The Appointment Of A RESOLUTION Kodiak Fisherman To The Federal Commercial Fishing NO. 88 -78 -R Industry Vessel Advisory Committee. AUSTERMAN, moved to adopt Resolution seconded by MCFARLAND No. 88 -78 -R. Assemblyman McFarland urged interested persons to inquire about serving on this advisory committee which would establish new safety regulations. He said he would like to see a Kodiak representative serving on this committee since Kodiak was so actively involved in the the fishing industry. RESOLUTION NO. 88 -79 -R (continued) MESSAGES FROM MAYOR December 15, 1988 Page 180 WOMEN'S BAY SERVICE AREA ROAD MAINTE- NANCE CONTRACT AWAR Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote 3. Resolution No. 88 -80 -R Establishing Procedures For An Appeal By Felton Construction. This item was previously approved under the "Consent Agenda." 4. Rescind and Amend Resolution No. 88 -70 -R Confirming The 1988 Borough Population For State Revenue And Municipal Assistance Fund Payments. BARKER, moved to rescind Resolution seconded by STEVENS No. 88 -70 -R. VOTE ON MOTION TO RESCIND MOTION CARRIED Unanimous Voice Vote MCFARLAND, moved to amend by seconded by STEVENS substitution. At Assemblyman Stevens request, Mayor Selby explained that the Department of Regional and Community Affairs decided to change the methodology for determining the Kodiak Island Borough's population. He said the staff conducted a sample survey on various types of housing units and after reworking the figures, came up with an additional 1,200 people over the previous estimate. Assemblyman Merriman noted that the new 1988 population estimate was 15,575 individuals. VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous Voice Vote VOTE ON MOTION TO ADOPT AS AMENDED MOTION CARRIED Unanimous Voice Vote C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 89 -01 -0 Amending The Personnel Rules And Regulations by Revising The Salary Schedule. AUSTERMAN, seconded by MERRIMAN moved to adopt Ordinance No. 89 -01 -0 at first reading. In response to Assemblyman Stevens' request, the mayor justified the need for a salary adjustment for K.I.B. employees by pointing out that other local government employees have just negotiated increases in salary over the next three years. He said K.I.B. employees had not received an increase in salary in four years, and present borough salaries were below the average in the state for similar positions. He added that applicants were turning down positions with the borough because of the low salaries being offered. Assemblyman Austerman recognized the difficulty the borough was having in hiring qualified people to fill positions. He suggested the borough might take a look at the requirements in the job descriptions for the various positions. He said he understood the assembly would receive another part to this pay increase and thought the assembly should wait until the entire compensation study was presented. He also thought it would have been nice to discuss the ordinance with the Personnel Board before it came before the assembly as he did not know how the increase would be budgeted. NEW BUSINESS RESOLUTION NO. 88 -78 -R RESOLUTION NO. 98 -80 -R ORDINANCES FOR INTRODUCTION ORDINANCE NO. 89 -01 -0 KIBS103777 December 15, 1988 Page 181 RESCIND RESOLUTION NO. 88 -70 -R Kodiak Island Borough Regular Assembly Meeting Assemblyman McFarland concurred with Assemblyman Austerman's comments and thought this salary increase should be discussed when the FY90 budget was up for review. A discussion followed between assemblymembers with several mem- ORDINANCE bers voicing objection to the WHEREAS stating that other local NO. 89 - 01 - government employees have just negotiated 2% to 3% increases for (continued) each of the next three years. STEVENS, seconded by AUSTERMAN VOTE ON MOTION TO AMEND The presiding officer called for a voice vote. VOTE ON MOTION AS AMENDED VOTE ON MOTION VOTE ON MOTION moved to amend Ordinance No. 89 -01 -0 by deleting the fourth Whereas. MOTION CARRIED 6 Ayes with Assemblyman McFarland voicing a "NO" vote. Ayes: Parker, Stevens, Barker, White Noes: McFarland, Merriman, Austerman NEW BUSINESS MOTION CARRIED 4 Ayes, 3 Noes The presiding officer called for a five minute recess. The presiding officer reconvened the assembly. D. OTHER ITEMS OTHER ITEMS 1. Kodiak Island Borough Assembly Meeting Dates for 1989. K.I.B. ASSEMBLY MEETING DATES This item was previously approved in first reading under the "Consent Agenda." 2. Authorization to Issue RFP for Red King Crab Study. AUTHORIZATION TO ISSUE RFP FOR RED STEVENS, moved to authorize RFP for KING CRAB STUDY seconded by MCFARLAND Red King Crab Study. Presiding officer White explained that the Kodiak Island Borough was concerned about the decline in the king crab populations in the waters surrounding Kodiak Island. He proceeded to explain the recommendations of the Red King Crab Rehabilitation Council for studying the problem. MOTION CARRIED Unanimous Voice Vote 3. Authorization for Records Management Consultant AUTHORIZATION Services. FOR RECORDS MANAGE- MENT CONSULTANT STEVENS, moved to approve contract SERVICES seconded by MERRIMA1I with Joyce Snider for records management consultant services in an amount NTE $7,500. Borough Clerk Vaughan explain the services to be provided by Joyce Snider to handle the records management for the Kodiak Island Borough. KIBS103778 MOTION CARRIED Unanimous Voice Vote December 15, 1988 Page 182 Kodiak Island Borough Regular Assembly Meeting 4. Approval of Contract for Collection and Disposal of NEW BUSINESS Municipal Garbage. BARKER, moved to approve extension seconded by AUSTERMAN of present contract with Kodiak Sanitation for collection and disposal of solid waste for one month. Assemblymember Barker explained that she did not feel comfortable approving the five year contract at this time and asked the mayor for clarification. Mayor Selby explained that he had discussed the contract with the borough attorney, and this version of the contract was the one which the owner of Kodiak Sanitation had verbally agreed to before he left Kodiak. He explained the two contract clauses which were suggested by the attorneys and noted the fee structure in the contract had been changed to match the resolution adopted earlier. Assemblyman Austerman also stated that he felt uncomfortable about voting on the contract before it was completed. He added this contract was not only for collecting solid waste from the corporate limits of the city of Kodiak, but it also authorized the Kodiak Island Borough to purchase Mr Bulen's APUC permit. He stated again that he was opposed to the borough being in the garbage business. VOTE ON MOTION Ayes: Noes: MOTION CARRIED MCFARLAND, seconded by STEVENS VOTE ON MOTION Merriman, Parker, Stevens, Austerman, Barker, McFarland, White None Unanimous moved to approve five year contract with Kodiak Sanitation, Inc. In response to Assemblyman Stevens' question, Mayor Selby said Mr. Bulen was expected to return to Kodiak on Sunday, and if the contract was acceptable as presented, it could be signed next week thereby eliminating the need for an extension of the present contract. Ayes: Stevens, Barker, McFarland, Merriman, White Noes: Parker, Austerman MOTION CARRIED 5 Ayes, 2 Noes 5. Approval to purchase East Elementary Playground Equip- ment. PARKER, moved to approve purchase of seconded by MERRIMAN equipment for East Elementary Playground in an amount NTE $6,000. Assemblyman Austerman explained the East Elementary PTA had an proposal from a playground equipment company whereby they could save up to $2,000 on freight if the playground equipment was ordered before the end of the year. The total cost of the equipment would be $6,000, and the PTA has pledged $4,000 with the possibility of several service clubs donating the balance. December 15, 1988 Page 183 COLLECTION AND DISPOSAL OF MUNICIPAL GARBAGE APPROVAL TO PURCHASE EAST ELEMENTARY PLAY- GROUND EQUIPMENT KIBS103779 VOTE ON MOTION Ayes: Noes: Noes: Kodiak Island Borough Regular Assembly Meeting Mayor Selby noted that playground equipment was not funded in the original bond issue. He said the PTA had raised $4,000 by their own efforts, and they had contacted various service clubs seeking donations. He said the borough was acting more as an expeditor than a purchaser. MOTION CARRIED Unanimous INFORNATIONALPUTERIALS (No action required) A. MINUTES OP OTHER MEETINGS 1 . K.I.B. School District Financial Report for October 1988. 2 . K.I.B. Financial Report for November, 1988. C. OTHER December 15, 1988 KIBS103780 Stevens, Austerman, Barker, McFarland, Merriman, Parker, White None MOTION CARRIED Unanimous 6. Approval of Kodiak Island Borough Hospital FY89 Budget. APPROVAL OF K.I.B. BARKER, seconded by MCFARLAND moved to approve FY89 Kodiak Island Hospital Budget. Assemblymember Barker said the Kodiak Hospital Advisory Board had reviewed the budget and approved it. Don Wee, Kodiak Island Hospital Administrator, responded to questions from the assembly. VOTE ON MOTION Ayes: Austerman, Barker, McFarland, Merriman, Parker, Stevens, White None INFORMATIONAL MATERIALS I. K.I.B. Personnel Advisory Board Special Meetings of MINUTES OF OTHER November 2, 1988 and November 30, 1988. MEETINGS 2. K•I.a. School District Regular Meeting of November 28, 1988. 3 . Womens Bay Comprehensive Planning Committee (CPC) Meeting of October 25, 1988 and November 22, 1988. B. REPORTS None CITIZEMS• CONNERS J.T. Grogan plead with the assembly to refrain from shuffling papers, hitting the microphone, etc. because the noise made it difficult to hear the person who was speaking. HOSPITAL FY89 BUDGET REPORTS OTHER Page 184 NEW BUSINESS APPROVAL TO PURCPAS EAST ELEMENTARY PLA GROUND EQUIPMENT CITIZENS' COMMENTS Kodiak Island Borough Regular Assembly Meeting ASSEMBLYN ®'S CCODIENTS ASSEMBLYMEN'S COMMENTS Presiding Officer White announced there would be no assembly work session next week. He said the next work session would be on December 29 at 7:30 p.m. when the assembly and the city council would meet with Representative Davidson and Senator Zharoff. The next regular assembly meeting will be held on January 5, 1989 at 7:30 p.m. He wished everyone a "Merry Christmas" and a "Happy New Year." He proceeded to explain the reason he voted "Yes" on the pay increase for K.I.H. employees was to place the ordinance before the public at a public hearing. He stated he was on the fence regarding the issue. Assemblymember Barker wished everyone a "Merry Christmas" and a "Happy New Year." Assemblyman McFarland reiterated Assemblymember Barker's senti- ments. Assemblyman Stevens added his wishes for a "Merry Christmas." Assemblyman Austerman hoped everyone would have a happy and safe holiday. Assemblyman Merriman wished everyone a "Happy Holiday." ADJCp1Ri18$T ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 9:18 p.m. ATTEST: Borough KIBS103781 December 15, 1988 Page 185