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1989-01-19 Regular MeetingEcotaM ISra® BOROUGH Regular Assembly Meeting January 19, 1989 A regular meeting of the Kodiak Island Borough Assembly was held January 19, 1989, in the Assembly Chambers of the Kodiak Island Borough Building, 71O 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 the Reverend Don McCullough of the Church of the Nazarene followed by the Pledge of Allegiance. There were present; Lorne White, Presiding Ann Barker John Parker Absent: Alan Austerman Tom Merriman Wayne Stevens Jack McFarland (Excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk APPROVAL OP AGENDA STEVENS, seconded by PARKER moved to approve agenda as submitted. WITHOUT OBJECTION, SO ORDERED COMSAT A®A The items on the consent agenda were read aloud by the Presiding Officer. MERRIMAN, moved to a seconded by AUSTERNAN approve consent agenda. MOTION CARRIED Unanimous Voice Vote APPROVAL Q MIMM=Eg A. K.I.B. Assembly Regular Meeting of January 5, 1989. This item was previously approved under the "Consent Agenda." CIRIWS• CVIERI_N Tuck Bonney spoke regarding his recent letter to the editor of the Kodiak Mirror about land use and zoning. He said he had talked to over fifty people who agreed with him that Kodiak did not have a zoning code, but rather a "favoritism" code. He pointed out the comprehensive plan had been done in 1968 and was outdated. He presented his ideas toward solving these problems. ha Mike Rasmussen reminded the assembly that several months ago he d come before them with complaints regarding a department head. He said the problem had not been resolved and asked when he might expect a response. Scott Bonney voiced his concerns about comprehensive planning and zoning in the community. He spoke about hie involvement in a recent request for a variance in his neighborhood and presented background information. He said that over the objection of all the neighbors, the Planning and Zoning Commission had granted the variance. He urged the assembly to look at the comprehensive plan and to listen to the people from the neighborhoods. January 19, 1989 KIBS103791 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF CONSENT AGENDA APPROVAL OF MINUTES CITIZENS' COMMENTS Kodiak Island Borough Regular Assembly Meeting Jim Fisk, chairman of Service District No. 1, requested the assembly to follow up on comments about zoning variances. He thought during the last four months there had been a lot of "back door" politics transpiring. Also, he objected to another task force being formed which would be comprised of the same citizens who had served on previous task forces. He suggested ways to obtain a non -bias group. Scott Thompson, noting that he had just finished serving three years on the Planning and Zoning Commission, stated it was impossible to make everyone happy. He felt the commission was now pro - development and shared the concerns expressed by Tuck Bonney. He wanted to seethe new P&Z Commission tackle the zoning code and then move on to the comprehensive plan without radically changing the basic direction of either plan. COMPTTEB REPORTS COMMITTEE REPORTS John Parker reported on the Architectural Review Board meeting where the plans for the new hospital were finalized. Alan Austerman said the school budget review committee has been organized and would be meeting weekly. Robin Heinrichs, Planning and Zoning representative, stated the commission had held their first meeting of the new year and had approved the new "natural use zoning" district plan. This plan will be forwarded to the assembly shortly for approval, he added. PUBLIC BEARING PUBLIC HEARING A. Ordinance No. 89 -01 -0 Amending The Personnel Rules And Regulations By Revising The Salary Schedule. BARKER, moved to adopt Ordinance seconded by AUSTERMAN No. 89 -01 -0. The presiding officer called for public testimony. Mark Madjic said in his frequent dealings with the borough that he had always been treated courteously by the employees. He was against an across- the -board pay raise, but felt those persons who were underpaid should be dealt with individually. Mike Rasmussen spoke against the ordinance but agreed with Mr. Maddic that the employees at the lower end of the salary range should get more money. He also said he would feel better about the ordinance if he could see some of the dollar amounts involved. Walter Sapp, chairman of the K.I.B. Personnel Board, clarified this was a cost of living adjustment and not an across the board pay raise. He pointed out that borough employees had not had a COLA in five years. He noted cost of living adjustments reflect the normal increases that citizens have to pay, so if prices had not increased during the last five years then the employees would not need an adjustment. Bruce Garrett. a property owner, stated he was grateful to be paying taxes in Kodiak rather than in areas such as Portland or Seattle because the taxes were much lower here. He recognized Walter Sapp's expertise and qualifications. Also, he said in his contacts with various segments of the community, he found wide- spread support for this cost -of- living adjustment for borough employees. Don Lawhead commented on the expertise of the Personnel Board members and pointed out that the ordinance was a recommendation from that board. January 19, 1989 KIBS103792 CITIZENS' COMMENTS ORDINANCE NO. 89 -01-0 Page 8 Kodiak Island Borough Regular Assembly Meeting Scott Thommson, six year resident and tax knowing this Ordinance dealt with a payer of asier said PUBLIC HEARING favored individuals at the lower end of COLA it caleer He salary adjustments, but did not think peo lea in theehighg those pay brackets should receive them. people in the higher ORDINANCE 89 -01-0 Mark Madjic spoke for a second time and concurred with (continued) Scott Thompson. Karl Short, X.I.B. Finance Department, spoke in favor of the ordinance and said the increase was long overdue. Fred Turcott pointed out that when the borough advertised projects to be done through proposals, the effect resulted in a wage cut for construction workers doing the job. He opposed the ordinance. Carol Smee, a new borough employee, said she was not making nearly the amount of money she thought she would be making because of the high cost of living. She said as a qualified employee she did not have a difficult time finding employment. However, she noted the borough was having a hard time finding qualified employees, and she thought the borough should hang on to the ones they have. Mar Monroe, Personnel Board member, reported that the Department of Labor had determined the 1988 COLA was 4.2 percent and the Personnel Board's recommendation was less than that amount. She urged the assembly to adopt the ordinance. James L. Fisk, Jr. spoken against the ordinance. He laid out guidelines which he thought the borough should follow before increasing employees salaries. He thought the Personnel Board was out of their perspective, and the borough should have a group of individuals who were from a spectrum away from the usual to decide on a pay increase. Perry Page, K.I.B. Data Processing Manager, countered several accusations made in earlier testimony about the work habits of borough employees. Linda Freed, Community Development Director, added that she was offended by statements characterizing public employees as being irresponsible people. She said that public employees were no different than private employees, and they should not be treated as though they were worth less because they worked for the government. Dan Millard, Engineering Department employee, said the public tends to think borough employees work from 8:00 a.m. to 5:00 p.m. only which often was not the case and proceeded to give examples. Lorna Arndt spoke against the ordinance. She thought if borough employees received a 2 1/2 percent increase in salary that their medical benefits should be decreased. O Chandler noted the city of Kodiak's employees had not received a salary increase in several years. He thought borough employees received too many fringe benefits and these benefits should be cut if the salary increase was approved. Hap Heiberg referring to a recent article in the Anchorage Daily News pointed out that the average wage earner for the city of Fairbanks made $42,791 and the average full -time employee in the city of Anchorage made $43,132. He said the average K.I.H. employee made $38,309 so even with the 2 -1/2 percent increase, they would still be below the averages for other cities. Walter San stated that the Personnel Hoard was recommending a COLA increase and pointed out the COLA increases were tied to the Consumer's Price Index and the rate of inflation. He countered several false statements which had been made during earlier testimony. January 19, 1989 KIBS103793 Page 9 Kodiak Island Borough Regular Assembly Meeting Percy Page, Scott Thompson, and Mike Rasmussen spoke for a second PUBLIC HEARING time J. T. Grogan, reporter for the Kodiak Daily Mirror, said in ORDINANCE writing the article for the paper, he referred to the wording in NO 89 -01 -0 the ordinance which called the increase a "pay raise" rather than (continuer a "Cost of Living Adjustment." He apologized for unintentionally misleading anyone who might have read the article. Patricia Miley, Community Development Department employee, said as a whole borough employees served the public quite well and thought they deserved a cost of living increase. The presiding officer closed the public testimony and reconvened the assembly. The presiding officer called for a five minute recess. The presiding officer reconvened the assembly. In order to put the dollar amount into perspective for the public, Assemblyman Parker said the pay increases would amount to $29.85 every two weeks at the secretarial level, 838.20 at the upper technical level and $48.90 at the supervisory level. Assemblyman Stevens thanked Walter Sapp and the Personnel Board for the number of hours they had devoted in an advisory capacity to the assembly. He pointed out the most important resource of any organization was its employees. He added if the assembly did not take time to pay attention to the employee group that the option could be someone else might represent the employees in bringing the assembly to the table to discuss salaries, benefit packages, etc. It could be far less pleasant than at the present time, he added. Assemblyman Merriman reiterated that employees are the heart, meat, and potatoes of a business, and if you do not have goad employees and employee relations, the business would suffer. He said his only problem arose over the timing of the pay increase which he thought should be done during budget time. Assemblymember Barker noted several of the comments made by the borough employees and stated she appreciated their input. She felt a 2 1/2 percent salary increase was very nominal. Mayor Selby compared several statewide salary averages with those salaries paid by the borough. He noted even with the proposed salary increases, the salaries still fell below the statewide average. VOTE ON MOTION TO ADOPT Ayes: Austerman, Barker, Merriman, Parker, Stevens, White Noes: None MOTION CARRIED Unanimous The presiding officer recessed the assembly and convened the Board of Adjustment. BOSH) OF ADJDBaOf FELTON CONSTRUCTION K.I.B. HOSPITAL SITE Felton Construction Company - Kodiak Island Borough Hospital Site Development January 19, 1989 Page 10 KI BS103 294 BOARD OF ADJDSTMBM KIBS103795 Mayor Selby, representing the Kodiak Island Borough, said the two issues involved a claim for $146,557 for additional blasting, excavation, and placement of material; and a deduction of $88,632 for rock which was not imported. He noted the contract document clearly stated that Type IA imoort materials were to be used under the hospital structure and said the aggregate which was used came from the site. He explained the details of the claim filed by Felton Construction Company and gave a brief overview on the development of the hospital site project. A discussion followed between the Mayor and assemblymembers Mr. Graham refuted statements made by Mayor Selb Constriction Company's claim. Y about Felton Mr. Graham responded to additional questions from the assembly. PARKER, seconded by AUSTEAMAN moved to deny request For additional payments by Felton Construction. Assemblyman Merriman asked if the completed project was acceptable. Mayor Selby responded the job was acceptable with the condition that the borough accepted the marginal Type 1 material which had been substituted from the site, and the contractor gave the borough a credit for not having to import material. Further discussion followed between the mayor and the assembly. VOTE ON MOTION Ayes: Kodiak Island Borough Regular Assembly Meeting Jim Graham, superintendent for Felton Construction Company, explained his company had contracted with the Kodiak Island Borough to do the site development project for the Kodiak Island Hospital. He said his company contended there were some design errors which cause them substitutional Work above and beyond what was specified. He stated the argument was over who was responsibl for the design of the project and proceeded to explain the situati He maintained when the project was completed there was an excess of approximately 30,000 cubic yards of material that had been produced needlessly. He said if the site been properly designed to a balanced cut and fill as implied in the specifications, that portion of work would not have had to be done. He explained the specifications stated the project was to be a balanced job which meant the material would be moved from the high points to the low points and in the end should come out to a certain height. This was not the case and Felton Construction contends the designers should done enough preliminary site work to come close based on the elevations specified. Also, he said funds were being withheld for "import of Type I materials." He said the specifications allowed for on -site material to be processed to be within specifications for the Type I material and the job was bid that way. He said the word "import" was the word under discussion. Felton Construction feels they are entitled to payment for material that was processed and placed on site, he said. In order to clarify the problem under dispute, assemblymembers questioned Mr. Graham. Noes: MOTION CARRIED AUSTERMAN, seconded by MERRIMAN .January 19, 1989 Barker, Parker, Stevens, Austerman, White Merriman 5 Ayes, 1 No moved to offer to pay off the contract as originally awarded if Felton Construction would drop their claim for additional costs. BOARD OF ADJUSTMEN" FELTON CONSTRUCTIOr K.I.B. HOSPITAL sr (continued) on. Page 11 KIBS103796 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION Ayes: Merriman, Austerman, Barker Noes: Parker, Stevens, White MOTION FAILED 3 Ayes, 3 Noes The presiding officer recessed the Board of Adjustment and reconvened the assembly. The presiding officer called for a ten minute recess. The presiding officer reconvened the assembly. MESSAGIEI PROM THE BOROUGH MAYOR Mayor Selby reported on his trip to Juneau where he met with nineteen Legislators as well as the Governor to discuss various issues concerning the Kodiak Island Borough and the Southwest Alaska Municipal Conference. He said he had been able to make good contacts. Also, he thanked the community for the support being given to the Southwest Alaska Municipal Conference which will be held in Kodiak this coming weekend. He said there were 105 people registered to participate in the conference and listed the VIP's who would be attending. OLD BUSINESS OLD BUSINESS None HER BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS None B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 89 -02 -R Establishing Board Of Equalization RESOLUTION Dates For 1989. N0. 89 -02 -R This item was previously approved under the "Consent Agenda." 2. Resolution No. 89 -03 -R Requesting Placement Of A Full Time Alaska Department Of Conservation Environmental Field Officer In Kodiak. PARKER, moved to adopt Resolution seconded by STEVENS No. 89 -03 -R. At Assemblyman Stevens' request, Mayor Selby noted the state of Alaska's Department of Environmental Conservation had the responsibility for monitoring waste water and public drinking water, but there was no one on Kodiak Island who was charged with that responsibility. He said the borough had requested the Governor to place the position of an environmental field officer in the budget and the budget was before the legislature at this time. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous Parker, Stevens, Austerman, Barker, Merriman, White BOARD OF ADJUSTMEM: FELTON CONSTRUCTIO: K.I.B. HOSPITAL sI' (continued MESSAGES FROM MAYOR RESOLUTION N0. 89 -03 -R January 19, 1989 Page 12 Kodiak Island Borough Regular Assembly Meeting ORDINANCES FOR INTRODUCTION ORDINANCES FOR None INTRODUCTION OTHER ITEMS OTHER ITEMS 1. Revision of K.I.B. Planning and Zoning Commission By -laws. K.I.B. pLANNING AND STEVENS, moved to a ZONING COMMISSION seconded by PARKER pprove revision of BY -LAWS REVISION K.I.B. Planning and Zoning Commission By -laws. VOTE ON MOTION MOTION CARRIED BARKER, seconded by STEVENS VOTE ON MOTION Ayes: Noes; January 19, 1989 Unanimous Voice Vote Authorization to Hire Assessor Above Salary Step A and Provide Moving Expenses. moved to authorize the mayor to hire an Assessor up to Step D and provide moving expenses up to one month's salary in accordance with K.I.B. Personnel Policy manual. Stevens, Barker, Merriman, Parker, White Aueterman MOTION CARRIED 5 Ayes, 1 No IHYORNAT'IONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS K.I.B. Hospital Advisory Board Regular Meeting of November 15, 1988 and Special Meeting of December 6, 1988. R.I.B. Mental Health Advisory Board Regular Meeting of May 23, 1988, August 22, 1988 and October 24, 1988. B. REPORTS 1. K.I.B. Financial Report for December, 1988. OTHER None CITIZENS' COMM= None KIBS103797 Page 13 AUTHORIZATION TO HIRE ASSESSOR ABOVE STEP A INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS KIBS1037 Kodiak Island Borough Regular Assembly Meeting ASSEKBLna Cl7eg1'S ASSEMBLYMEN'S COMMENTS Assemblyman Merriman commented it was good to see so many people turn out for the public hearing. He added that he would be out of town for several weeks. Assemblyman Stevens thanked all those individuals who testified at tonight's meeting. He said there were good points brought out on both sides of the argument. He added that he believed in compensating those people who made the assembly's job easier on a daily basis. Also, he encouraged members of the community to take advantage of the fact that there would be 105 plus individuals participating in the'Southwest Alaska Municipal Conference this coming weekend. He said it offered the business community of Kodiak an opportunity to meet with a region of Alaska that was underserved by many service and retail industries to let them know what goods and services were available in Kodiak. Assemblyman White announced there would be a work session on Thursday, January 26 at 7:30 p.m. ADJppBMENr ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 10:57 p.m. ATTEST: January 19, 1989 Page 14