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1997-03-06 Regular MeetingRODIAK ISLAND BOROUGH Regular Assembly Meeting March 6, 1997 A regular meeting of the Kodiak Island Borough Assembly was held March 6, 1997 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. The invocation was given by Father Paul Smith of St. James the Fisherman Episcopal Church, followed by the Pledge of Allegiance. There were present: Robin Heinrichs, Presiding Tom Abell Tuck Bonney Bob Johnson Mike Milligan Wayne Stevens absent: Gary Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC /AAE, Clerk Judi Nielsen, Deputy Clerk Assemblymember Gary Stevens was out of town on business and asked to be excused. MILLIGAN, seconded by W. STEVENS VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OF AGENDA W. STEVENS, seconded by BONNEY VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES None. Regular Assembly Meeting March 6, 1997 moved to excuse Assemblymember Gary Stevens. Unanimous voice vote moved to approve the agenda. Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XXII Page 132 AWARDS AND AWARDS AND PRESENTATIONS PRESENTATION° Mayor Selby requested the Employee of the Month award be delayed until the employee receiving the award was present. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Frnie Scheidler read his prepared reasons for requesting the Leisnoi appeal before the Board of Adjustment be postponed to a date when all parties could attend, not two dates as presently scheduled. Gilbert Morein spoke against the increased wages for Borough employees that might increase sales or property taxes. He spoke against the rocket launch facility. David Odell noted there was no ordinance that addressed postponement of an appeal hearing and suggested the Assembly address a code change for proper procedure. phis Cline introduced himself as the new hospital administrator. He thanked the Assembly for their support of the hospital in the past and that anticipated in future. He would welcome calls on ways to improve and to hear positive comments. peter Allan said that since the log transfer facility affected fishermen who would be fishing May through September, it would be appropriate to reschedule the appeal hearing to October. Because of fishery studies, he thought there would be a better sense of what was happening in Kalsin Bay in October. Chuck McWethy said April 3 was a good date for the appeal hearing but May 3 was not good for fishermen because it denied them the opportunity to comment. He said all testimony at one meeting allowed fishermen the opportunity for rebuttal. Woody Koning asked for postponement of the Leisnoi appeal hearing. He suggested the Assembly work on the code because the due process was ambiguous. He wanted all concerned to have a fair chance to express themselves at the appeal hearing. B. Items Other Than Those Appearing on the Agenda None. Regular Assembly Meeting March 6, 1997 CITIZENS' COMMENTS Volume ?04I Page 133 COMMITTEE REPORTS Presiding Officer Heinrichs teleconferenced with the AML legislative committee on land use. Discussion revolved around Senate Bill 31, introduced by Senator Torgersen, on land use and municipalities. Issues of concern raised would be presented to Senator Torgersen. AWARDS AND PRESENTATIONS EMPLOYEE OF THE A. Employee of the Month MONTH Mayor Jerome Selby presented the Employee of the Month Award to Lila Koplin, assessing technician in the Assessing Department. PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. A. Ordinance No. 97 -02 Amending the Personnel Rules ORDINANCE and Regulations, 1994 Edition, Relating to Shift NO. 97 -02 Differential, Employee Transfers, Demotion, Dismissal Notice and Severance Pay, Hours of Work, Rest Periods, Overtime, Flexible Scheduling of Work Hours, Bereavement Leave, Sick Leave Bank, Personnel Records, and Salary Schedule Language. Presented for consideration was Ordinance No. 97 -02 that, if adopted, amended specific sections of the Personnel Rules and Regulations Manual. JOHNSON, moved to adopt seconded by MILLIGAN Ordinance No. 97 -02. Mayor Selby said the ordinance clarified language and improvements that included wage increases established through bargaining unit discussion and added a new section establishing a sick leave bank. MILLIGAN, seconded by JOHNSON Regular Assembly Meeting March 6, 1997 moved to amend Ordinance No. 97 -02 in section 3, Salary Schedule Appendix A, by replacing the December 1, 1997 date with July 1, 1997, and by adding Section 4 to read: "Unless otherwise COMMITTEE REPORTS PUBLIC HEARING Volume XXII Page 134 VOTE ON MOTION TO AMEND Ayes: indicated, this ordinance shall take effect as of July 1, 1997 ". Abell, Bonney, Johnson, Milligan, W. Stevens, Heinrichs Noes: None Absent: G. Stevens MOTION CARRIED Unanimous Presiding Officer Heinrichs opened the public hearing. Dale Soughers asked if the ordinance was specific to a pay raise. Presiding Officer Heinrichs answered affirmatively. Mr. Soughers felt that four weeks of severance pay was excessive for an incompetent employee being dismissed. He suggested rest break times be defined. He questioned why a bonus was included when the Borough was strapped for money. He did not want to hear negative comments when school teachers and non - profit organizations were requesting increases. Presiding Officer Heinrichs closed the public hearing and reconvened the regular meeting. Assemblymember Milligan said level funding for non- profits challenged them to run efficiently. Responding to questions about the ordinance, he explained it reflected negotiations with the employees union. He contended that the cost of living increases were not always throughout the community. When he asked for an explanation of the sick leave bank and consequences to the budget, Mayor Selby said sick leave accrued was not a liability because it was not cashed out when an employee terminated employment. He noted vacation leave was cashed out when an employee terminated employment. Assemblymember Milligan wondered if this affected the teacher negotiations. Mayor Selby did not know the impact it may have. Negotiated increases tracked over time showed no relationship between the two but obviously both groups would be watching each other. When Assemblymember Milligan asked if there was a Regular Assembly Meeting Volume XXII March 6, 1997 Page 135 percentage of a mill increase that could be attached, Mayor Selby thought maybe .05 to .1 of a mill. Responding to Assemblymember Milligan, Mayor Selby said that in order for an employee to receive severance pay, they must have worked more than 1 year and dismissed without prejudice. Responding to Assemblymember W. Stevens questions about bonuses, Mayor Selby explained the significance of a bonus was that it was not computed into the base pay rate. The bonus was distributed differently in that lower paid employees were compensated the same as higher paid employees. Assemblymember W. Stevens said it was a difficult decision because private sector employees did not received the same benefit. However, he felt the contract was negotiated in good faith for a modest increase in line with the consumer price index. Assemblymember Milligan noted the quality staff employed at the Borough and the awards received but admitted some in the American society were not receiving raises. He would vote for the ordinance with a fair conscience, although he was aware the Assembly was anticipating a tax increase. VOTE ON MOTION TO ADOPT Ayes: Bonney, Johnson, Milligan, W. Stevens, Abell, Heinrichs Noes: None Absent: G. Stevens MOTION CARRIED Unanimous B. Resolution No. 97 -13 Between the Kodiak Island Borough and the General Services Administration on behalf of NOAA for Space Lease at the Near island Research Facility. Presented for consideration was Resolution No. 97 -13 that, if adopted, provided lease of laboratory and office space to the National Oceanic and Atmospheric Administration (NOAA) for fisheries research. MILLIGAN, moved to adopt seconded by W. STEVENS Resolution No. 97 -13. Mayor Selby elaborated the lease agreement outlining Regular Assembly Meeting March 6, 1997 Volume }QII Page 136 the terms of laboratory and common area space at the planned Near Island Research Facility by referring to a chart. Responding to further inquiries from Assemblymembers, Mayor Selby explained the depreciation schedule for maintenance and building reserve account for future major repairs, such as a roof. Presiding Officer Heinrichs called for public testimony; hearing and seeing none, he reconvened the regular meeting. Assemblymember Milligan's concern was that the lease preceded the revenue bonds in bringing construction to fruition. VOTE ON MOTION TO ADOPT Ayes: Regular Assembly Meeting March 6, 1997 Johnson, Milligan, W. Stevens, Abell, Bonney, Heinrichs Noes: None Absent: G. Stevens MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM BOROUGH MAYOR Mayor Selby reported that the Karluk landfill plans were approved and the intent was to move ahead. He noted there was continued work to secure the final permit and the gravel. He said the legislature was out of session this week, but he expected great activity at Alaska Municipal League legislative committee meetings the end of March. Responding to Assemblymember Milligan, Mayor Selby explained the process of identifying customers not paying for garbage service and the exemption application process. Mayor Selby told of the positive improvements at the KISA range and the low fee charged for use of the improved range. Assemblymember Johnson also heard concerns about garbage rates from owners of single - family dwellings and businesses and wondered if there was an appeal process. Mayor Selby said the options for appealing Volume XXII Page 137 the decision of the finance director were through his office. Mayor Selby explained the Board of Adjustment procedures. When Assemblymember Johnson stated his concern that the appellants could reframe their presentation after hearing private parties first, Mayor Selby said testimony was based on the appeal record, not a rehearing of the case before the Planning and Zoning Commission. At the request of Presiding Officer Heinrichs, Clerk Smith clarified the roll of the Assembly during the BOA and the reasons for rescheduling the date. OLD BUSINESS OLD BUSINESS None. NEW BUSINESS NEW BUSINESS A. AWARDS AWARDS 1. Contract No. 95 -47B Amendment to Collective CONTRACT Bargaining Agreement With IBEW Union to NO. 95 -47B Reflect Three -Year Extension of Agreement. JOHNSON, moved to ratify seconded by BONNEY Contract No. 95 -47B. Mayor Selby related the conditions of the contract. There was no discussion by the Assembly. VOTE ON MOTION TO RATIFY Ayes: Milligan, W. Stevens, Abell, Bonney, Johnson, Heinrichs Noes: None Absent: G. Stevens MOTION CARRIED Unanimous RESOLUTIONS B. RESOLUTIONS 1. Resolution No. 97 -11 Supporting the RESOLUTION Construction of a Veterans Memorial by the NO. 97 -11 Kodiak Kiwanis Club. Regular Assembly Meeting March 6, 1997 Volume XX1I Page 138 Presented for consideration was Resolution No. 97 -11 that, if adopted, supported the Kodiak Kiwanis Club's efforts to construct a Veteran's Memorial at the large pull -out area that would exist when the Gibson Cove Project was completed by the Alaska Department of Transportation. W. STEVENS, moved to adopt seconded by BONNEY Resolution No. 97 -11. Mayor Selby said the Kiwanis Club was working to place a Veterans Memorial with telescopes near Dead Mans curve. The Department of Transportation was working on the road, and he commended the Kiwanis Club for working well with that agency. In response to Presiding Officer Heinrichs, Mayor Selby said the work was planned for this summer but it may be delayed to next summer. VOTE ON MOTION TO ADOPT Ayes: W. Stevens, Abell, Bonney, Johnson, Milligan, Heinrichs Noes: None Absent: G. Stevens MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 97 -03 Creating a Service Area to Be Known as Kodiak Island Borough Airport Fire Protection District for the Purpose of Providing Fire Protection Within the Service Area. Presented for consideration was Ordinance No. 97 -03 that, if adopted, creates a fire service district in the area adjacent to the state of Alaska airport. W. STEVENS, seconded by MILLIGAN Regular Assembly Meeting March 6, 1997 moved to adopt Ordinance No. 97 -03 in first reading to advance to public hearing on March 20, 1997. Mayor Selby related that the area was not covered for fire protection. One business was specifically impacted because they were uninsurable and could Volume XXII Page 139 potentially lose a government contract for storage. Presiding Officer Heinrichs clarified that the area included the airport, Buskin River Inn, and Kodiak Transfer. Assemblymember W. Stevens saw a need for a unified fire protection service. VOTE ON MOTION Ayes: Abell, Bonney, Johnson, Milligan, W. Stevens Noes: Absent: MOTION CARRIED D. OTHER ITEMS None. INFORMATIONAL MATERIALS (No action required) A. B. MINUTES OF OTHER MEETINGS None G. Stevens Unanimous 1. Kodiak Island Borough Mental Health Center Advisory Board Minutes of November 25, 1996. 2. Planning and Zoning Commission Special Meeting of January 15, 1997 and Regular Meeting of January 24, 1997. REPORTS 1. Kodiak Island Borough February 1997 Financial Report. 2. Kodiak Island Borough Mental Health Center November /December 1996 and January /February 1997 Reports. C. OTHER None. CITIZENS' COMMENTS Karen Rasmussen, Kodiak Transfer owner, favored fire service in the area adjacent to the airport. Paul Alexander phoned to express his opinion that rescheduling the Board of Adjustment Leisnoi appeal Regular Assembly Meeting March 6, 1997 OTHER ITEMS INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS Volume XOII Page 140 hearing was not a democratic process to those other than the applicant. He wanted the Assembly, as an elected body, to create a fair process. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Milligan thought the problems with the microphone components be investigated. He felt the rocket launch facility was controversial but he still supported it as a good, high -tech opportunity for the community. He saw the majority of Kodiak as resource extraction community impacting the environment. He thought it was not detrimental for concerns to be brought forward to AADC. Assemblymember Johnson appreciated Assemblymember Milligan's comments. He noted the FFA permit would restrict the type of rockets launched from the facility. He suggested that people contact the Borough clerk with questions on Board of Adjustment procedures. Presiding Officer Heinrichs announced that the Monashka Bay Road Service Area Board would hold a budget public hearing on March 11 at 7:00 p.m. at the Bayside Fire Hall; the Fire Protection Area No. 1 Board would hold a budget public hearing March 11 at 7:30 p.m. at the Bayside Fire Hall; and Service District No. 1 would hold a budget public hearing on March 18 at 7:30 p.m. in the Borough assembly chambers. The Assembly would meet in work session Thursday, March 13, at 7:30 p.m. in the borough conference room; a joint Assembly /City Council work session Tuesday, March 18, at 7:30 p.m. in the city conference room; and a regular meeting on Thursday, March 20, at 7:30 pm in the assembly chambers. There being no further business to come before the ADJOURNMENT Assembly, the meeting adjourned at 9:10 p.m. ATTEST: Approved: 04/03/97 Do cm 1 Smith, V Ci AAE Borough Clerk Regular Assembly Meeting March 6, 1997 Robin Heinrichs Presiding Officer Volume XXII I Page 141