Loading...
1997-07-03 Regular MeetingA regular meeting of the Kodiak Island Borough REGULAR MEETING Assembly was held July 3, 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 Envoy Craig Fanning of the Salvation Army, followed by the Pledge of Allegiance. There were present: ROLL CALL Robin Heinrichs, Presiding Tuck Bonney Bob Johnson Mike Milligan (arrived 7:39 p.m.) Gary Stevens Wayne Stevens absent: Tom Abell comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith, CMC /AAE, Clerk Connie Lanahan, Records Manager Assemblymember Abell was out of town and asked to be excused. W. STEVENS, seconded by G. STEVENS VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF AGENDA AND With no objection, the agenda and consent agenda were CONSENT AGENDA approved by unanimous voice vote. APPROVAL OF MINUTES APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of May 15, 1997. G. STEVENS, seconded by W. STEVENS Regular Assembly Meeting July 3, 1997 KODIAK ISLAND BOROUGH Regular Assembly Meeting July 3, 1997 moved to excuse Assemblymembers Abell and Milligan. moved to approve the minutes of May 15, 1997. Volume XXIII Page 1 VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND P CITIZENS' COMMENTS ►M • •. A. Employee of the Month. Unanimous voice vote Mayor Selby presented the Employee of the Month Award to Sharon Major, cashier at the Mental Health Center. Mayor Selby presented to Karleton Short, finance director, the Government Finance Officers Association Distinguished Budget Presentation Award for Financial Reporting for Fiscal Year 1997. Mayor Selby and Director Short reflected on the dedicated work by all employees of the Finance Department. Mayor Selby explained the review process: copies of a budget were submitted and evaluated using a comprehensive check list by the Government Finance Officials Association review of thirteen mandatory criteria in four categories by three individuals. (It was noted for the record that Assemblymember Milligan arrived at 7:39 p.m.) Of the 38,933 local governments eligible, 583 received the award of the 649 submitted. Community benefit was the review and subsequent comments on the budget document. This was the eighth year the Borough received the award. The reasons for submitting a budget document were taxpayers education, self - improvement due to peer review, and tax savings programs. Receipt of the award reflected well on the professionalism of financial management. Governments who applied and received both the budget document and annual financial report awards were good communicators of information. Because the award contributed towards a higher bond rating, the program was dollars for the community. A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda Diana Buffington phoned to say a tax cap initiative was certified to be placed on the ballot. She disagreed with Mayor Selby about the budget award allowing for a lower bond rating. She felt the money Regular Assembly Meeting July 3, 1997 AWARDS AND EMPLOYEE OF THE MONTH CITIZENS' COMMENTS Volume XXIII Page 2 a waste. She stated award was people applied spent to achieve the verifyin9 how many p the Alaskans figures from the award. She also said . aspect and received the for Tax hRo hospital. Reform would be watching Mayor Selby on the COMMITTEE REPORTS Road System Stevens reporte the to develop a Fire Force was meeting emblymember W. Fo would not Protection Task The July 15 deadline Fire be ready ea by fall. be met but services. The be met but the p PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR from the University of read a letter yelled about the Mayor Selby responding to concerns expressed about suppor Alaska There FITC. There seemed to b a fair but vigilance was needed. a 25% inc ° gees. the Borough of h and notified to the borough as they employ AETNA costs with the City, medical insuran to bring a Discussions were started cost of insurance Except unhappy about the ims pad elsewhere. Except ly also forward to b were sig nificant pro posal the premiu for last year, more than claims paid. the community Were showing the that people iTl Education was the cost It was good in local government. community and in the else. A 4.9% the an interest function thing most important faster than anything increase was ease over 1985 equaled a six cre realistic increase over spent for education, quality needed to be P on how to provi Money needed discussion was and 32 education. 1985 at the Borough in in 30 employees ere was $100,000 less There were to in do more in 199 h constant working submit ore employees costs through H would personne cost analysis. c ost - effe ctive, comparison in writing• ortant to keep felt it w imp industry 1 member Bonney ees in the fishing Assemb Y that employees and wages that in not receive the benefits governmen not employee received governmen Regular Assembly Meeting July 3, 1997 COMMITTE REPORTS PUBLIC HEARING MESSAGES FROM MAYOR Volume OLD BUSINESS OLD BUSINESS None. A. AWARDS AWARDS Ayes: 1. Contract No. 97 -34 Strapping Wire for Kodiak Island Baler Facility. W. STEVENS, seconded by MILLIGAN VOTE ON MOTION Noes: None Absent: Abell MOTION CARRIED Unanimous Mayor Selby said this was routine to the operations at the baler. This was about a six month supply. There was no discussion by the Assembly. MILLIGAN, seconded by G. STEVENS Regular Assembly Meeting July 3, 1997 moved to award Contract No. 97 -34 to U.S. Wire - Tie Systems of Chicago, IL. in an amount not to exceed $8,860. Bonney, Johnson, Milligan, G. Stevens, W. Stevens, Heinrichs 2. Contract No. 97 -35 Reclamation and Disposal CONTRACT of Freon From Refrigeration Units at the NO. 97 -35 Borough Landfill. moved to award Contract No. 97 -35 to Kodiak Refrigeration for $52 /hour. Mayor Selby explained that once the freon was removed, the refrigerators could be recycled as metals. In response to Assemblymember G. Stevens, Mayor Selby said the lowest bidder would not receive the award because of failure to meet the contract requirements for the past year. NEVrIBUSINESS CONTRACT NO. 97 -34 Volume XXIII Page 4 VOTE ON MOTION Ayes: Johnson, Milligan, G. Stevens, W. Stevens, Bonney, Noes: None Absent: Abell MOTION CARRIED Unanimous 3. Contract No. 97 -36 Kodiak Island Borough CONTRACT Parking Lot Repair and Improvements and NO. 97 -36 High School Sidewalk Replacement Project. G. STEVENS, seconded by MILLIGAN moved to award Contract No. 97 -36 to Brechan Enterprises, Inc. of Kodiak in an amount not to exceed $88,550. Mayor Selby said this was three different projects consolidated into one and the Borough would save a considerable amount of money. There was no discussion by the Assembly. VOTE ON MOTION Ayes: Noes: None Absent: Abell MOTION CARRIED Unanimous 4. Contract No. 97 -37 Kodiak Island Borough CONTRACT Recreation Facilities Project. NO. 97 -37 W. STEVENS, seconded by MILLIGAN Milligan, G. Stevens, W. Stevens, Bonney, Johnson, Heinrichs Regular Assembly Meeting July 3, 1997 moved to award Contract No. 97 -37 to A -K Construction of Kodiak in an amount not to exceed $62,000. Mayor Selby said this was a joint effort with the City to complete the BMX track at the recreation area behind Safeway. Volume XXIII Page 5 Responding to Assemblym ember G. Stevens, Mayor Selby said completion was anticipated in the fall. VOTE ON MOTION Ayes: VOTE ON MOTION Ayes: Noes: Absent: JOHNSON, seconded by W. STEVENS Regular Assembly Meeting July 3, 1997 G. Stevens, W. Stevens, Bonney, JOhnaun, Milligan, Heinrichs None Noes: Abell Absent: Unanimous MOTION CARRIED CONTRACT 5, and Contract City of Kodiak Animal ControlBContract. NO. 97 -38 and City o moved to award Contract JOHNSON, No.97 -38 to the City of seconded by MILLIGAN Kodiak in an amount not to exceed $48,00 Mayor Selby said tthsthewould City fornthetsamenfeelas the control program with two -year contract. There was no discussion by the Assembly. W. Stevens, Bonney, Johnson, Milligan, G. Stevens, Heinrichs None Abell Unanimous MOTION CARRIED CONTRACT 6. Contract No. 97 -29 Lobbying Services Before NO 97 -29 the Alaska State Legislature and Administration. moved to award Contract No. 97 -29 to Don Kubley in an amount not to exceed $33,000. Assemblymember G. Stevens noted that Don Kubley did a fine job. Volume XXII1 Page At his request, Mayor Selby agreed that Mr. Kubly was very beneficial as the "eyes and ears" of the Assembly to aid in specific legislation by contact with legislators and administration. sse • yme - having an accessible government. VOTE ON MOTION Ayes: Noes: None Absent: Abell MOTION CARRIED Unanimous Bonney, Johnson, Milligan, G. Stevens, W. Stevens, Heinrichs B. RESOLUTIONS 1. Resolution No. 97 -25 Authorizing the RESOLUTION NO. 97 -25 Records Manager to Dispose of Certain Kodiak Island Borough Records. Presented for consideration was Resolution No. 97 -25 that, if adopted, disposed of records that were not of a historical, legal, or administrative value and have met minimum retention requirements. moved to adopt Resolution No. 97 -25. BONNEY, seconded by MILLIGAN Clerk Smith said the records had met the retention schedule and could be disposed. Although most of the records were from the clerk's office, some were from the finance department. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: Regular Assembly Meeting July 3, 1997 e e • w 0 i n Johnson, Milligan, G. Stevens, W. Stevens, Bonney, Heinrichs None Abell RESOLUTIONS MOTION CARRIED Unanimous 2. Resolution No. 97 -26 Requesting Safe RESOLUTION Communities Funding From The Department of NO. 97 -26 Community and Regional Affairs. Volume XXIII Page 7 Presented for consideration was Resolution No. 97 -26 that, if adopted, requested funding from the Safe Communities Program for use in police protection and public safety services, fire protection and emergency medical services, water and sewer services not offset by user fees, and solid waste management. JOHNSON, moved to adopt seconded by MILLIGAN Resolution No. 97 -26. Mayor Selby said this annual item was under the new Safe Communities Bill. There would only be one resolution this year covering both revenue sharing and municipal assistance and the check would be received July 31 instead of February 1. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Milligan, G. Stevens, W. Stevens, Bonney, Johnson, Heinrichs Noes: None Absent: Abell MOTION CARRIED Unanimous 3. Resolution No. 97 -20 Compensating the Chairman of a Service Area Board of Supervisors. Presented for consideration was Resolution No. 97 -20 that, if adopted, approved payment of a stipend to a chairman of a service area board of supervisors on a quarterly basis in accordance with an amount budgeted for fiscal year 1998. W. STEVENS, moved to adopt seconded by MILLIGAN Resolution No. 97 -20. Mayor Selby said this annual item was approved for the past three years at the request of the service district boards to compensate the chair. Assemblymember G. Stevens said this was supporting the board's ability to determine what the stipend would be. Regular Assembly Meeting July 3, 1997 RESOLUTION NO. 97 -20 Volume XXIII Page 8 VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION G. Stevens, W. Stevens, Bonney, Johnson, Milligan, Heinrichs None Abell Unanimous 1. Ordinance No. 97 -09 Repealing and Re- enacting Kodiak Island Borough Code of Ordinances Chapter 17.36 Existing Nonconforming Uses and Structures. Presented for consideration was Ordinance No. 97 -09 that, if adopted, amended KIBC 17.36 to provide for a reduced level of regulations for residential nonconformities. Ordinance No. 97 -09 was advanced to public hearing on July 17, 1997 under "Consent Agenda ". 2. Ordinance No. 97 -11 Repealing Kodiak Island Borough Code of Ordinances Chapter 2.19 Financial Responsibility. Presented for consideration was Ordinance No. 97 -11 that, if adopted, repealed KIBC 2.19 that allowed removal of an elected official or board, commission, or committee member from office for a delinquent account with the Borough. Ordinance No. 97 -11 was advanced to public hearing on July 17, 1997 under "Consent Agenda ". 3. Ordinance No. 97 -12 Placing the Question of Extending the Womens Bay Service Area on the October 7, 1997 Ballot. Presented for consideration was Ordinance No. 97 -12 that, if adopted, placed on the ballot the question of extending the Womens Bay Service Area to include the Russian River Estates Subdivision. Ordinance No. 97 -12 was advanced to public hearing on July 17, 1997 under "Consent Agenda ". Regular Assembly Meeting July 3, 1997 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 97 -09 ORDINANCE NO. 97 -11 ORDINANCE NO. 97 -12 Volume XXIII Page 9 4. Ordinance No. 97 -13 Amending Kodiak Island ORDINANCE Borough Code Of Ordinances Chapter 8.04 NO. 97 -13 Hospital and Health Facilities Advisory Board to Provide for Specific Responsibilities of the Board to he Presented for consideration was Ordinance No. 97 -13 that, if adopted, amended KIBC Chapter 8.04 to provide specific responsibilities of the board to be consistent with the lease agreement with Providence. Ordinance No. 97 -13 was advanced to public hearing on July 17, 997 under "Consent Agenda ". D. OTHER ITEMS None. INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Womens Bay Service Area Board Regular Meeting Minutes of April 7, 1997. B. REPORTS REPORTS 1. Kodiak Island Borough June 1997 Financial Report. 2. KIBSD Summary of June 23, 1997 Special Meeting. C. OTHER None. CITIZENS' COMMENTS Pat Fox phoned. She took exception to Assemblymember Bonney's statements because she did not see why government employees should be penalized for careers they choose and that wages should not be a part of that choice. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember W. Stevens congratulated Sharon Major as the employee of the month and wished everyone a happy Independence Day. Assemblymember Milligan said he continued to work with legislators and administration to include Alaskan canned pink salmon in aid packages to North Regular Assembly Meeting July 3, 1997 Consistent with the Lease Agreement. OTHER ITEMS INFORMATIONAL MATERIALS OTHER CITIZENS' COMMENTS Volume XXIII Page 10 Korea. He recognized Senator Ted Stevens for his help. He commented on the meaning of Independence Day and wished everyone a safe and happy day. Assemblymember Bon.- W. STEVENS, seconded by MILLIGAN Regular Assembly Meeting July 3, 1997 •. OHO - - complimented Sergeant Kamai and the Kodiak Police Department for their professionalism. He did not believe all of the budget woes were due to the school district budget. He felt some Borough staff contracts such as the psychiatrist and the attorney should be reviewed for possible cuts in the budget. Assemblymember G. Stevens congratulated the Alaskans for Tax Reform for their work on a initiative to place a tax cap on the ballot. Assemblymember Johnson also congratulated Sharon Major. Assemblymember Heinrichs was encouraged by the progress made at the Road System Fire Task Force meetings. He participated in a simulated disaster that prepared him to meet our disasters more successfully. Presiding Officer Heinrichs announced the assembly would meet in a work session on Thursday, July 10 at 7:30 p.m. in the borough conference, a joint assembly /council work session on Tuesday, July 15 at 7:30 p.m. in the city conference room, and a regular meeting on Thursday, July 17 at 7:30 p.m. in the assembly chambers. 16. EXECUTIVE SESSION A. Salary of Personnel. B. Annual Personnel Evaluation. moved to convene into executive session to discuss salary of personnel and an annual personnel evaluation. Assemblymember Bonney opposed discussion of personnel salaries in executive session because taxpayers were not educated. Assemblymember Milligan agreed and suggested dividing the question. MILLIGAN, moved to divide the seconded by BONNEY question. EXECUTIVE SESSION Volume XXIII Page 11 Responding to inquiries, Mayor Selby had released the list of salary ranges. Discussion ensued on releasing specific amounts of salaries per job title. Assemblymembers Milligan and Bonney agreed that the •olic cou amounts. • 0 0 - .. VOTE ON MOTION TO DIVIDE QUESTION Ayes: Noes: None Absent: Abell MOTION CARRIED Unanimous The motion before the assembly for action was the motion to convene into executive session to discuss salary of personnel. When asked his preference, Joel Bolger, Borough attorney, preferred to give legal advice in executive session. Following the Assembly's debate about receiving the advice in executive session versus the public meeting, the following amendment to the motion was offered. JOHNSON, seconded by MILLIGAN VOTE ON MOTION TO AMEND Ayes: W. Stevens, Bonney, Johnson, Milligan, G. Stevens, Heinrichs moved to amend for the attorney's opinion only. Bonney, Johnson, Milligan, G. Stevens, W. Stevens, Heinrichs Noes: None Absent: Abell MOTION CARRIED Unanimous VOTE ON MOTION AS AMENDED Ayes: Johnson, G. Stevens, W. Stevens, Heinrichs Noes: Milligan, Bonney Regular Assembly Meeting July 3, 1997 Volume XXIII Page 12 Absent: MOTION CARRIED At 9:03 • n •'.. • Abell 4 ayes, 2 noes the regular meeting and convened into executive session to receive Mr. Bolger's advice on salary of personnel. At 9:18 p.m., the Presiding Officer reconvened the regular meeting. At the Assembly's request, Mr. Bolger said he saw two issues concerning the release of salary information. The public's right to know was protected by the public records statute that made Borough records available to the public on request, with payment of proper fees, and there were a few exceptions. The other was the privacy concerns of individual employees. Mr. Bolger suggested the Assembly draft their policy only after notice to the employees concerning the policy so they could pursue any legal remedies they felt they would be entitled to. Clerk Smith clarified that direction could be given as to whether the policy would be in the personnel rules and regulations, in Title 2 Administration and Personnel of the Borough Code, or by resolution. In response to Assemblymember Johnson, Mayor Selby said an ordinance was not needed. He felt that releasing the salary of specific individuals crossed the line and infringed on privacy rights. He said the information maintained in personnel files and payroll records were confidential. He saw no value in the salary information being available. Assemblymember Stevens asked staff, with legal council advice, to draft a resolution clearly outlining the process, procedures, and employees' notice for discussion in work session. Assemblymember Bonney disagreed with Mayor Selby. He believed the release of the information was legal and the public had the right to know. Assemblymember Johnson said the policy in place now was to release the pay ranges. Since the Assembly was discussing a change in policy, he did not think it was appropriate to take the Mayor to task for carrying out policy. Changing policy could be done without complaints of secrecy. Regular Assembly Meeting July 3, 1997 Presiding Officer Heinrichs confirmed with the clerk the type of resolution needed. The motion to convene into executive session for •ersonn- VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED At 9:31 p.m., Presiding Officer Heinrichs recessed the regular meeting to convene into executive session for a performance evaluation of the borough clerk. At 10:26 p.m., the Presiding Officer reconvened the regular meeting. There being no further business to come before the ADJOURNMENT Assembly, the meeting adjourned at 10:27 p.m. ATTEST: 031ir►aC f / -e---A Donna F. Smith, CMC /AAE Borough Clerk Regular Assembly Meeting July 3, 1997 Milligan, G. Stevens, W. Stevens, Bonney, Johnson, Heinrichs None Abell Unanimous Robin Heinrichs Presiding Officer Approved: 08/07/97 Volume XXIII Page 14