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1998-08-06 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting August 6, 1998 A regular meeting of the Kodiak Island Borough Assembly was held August 6, 1998 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 Captain David Davis of the Salvation Army, followed by the Pledge of Allegiance. There were present: ROLL CALL Gary Stevens, Presiding Tom Abell Scott Arndt Tuck Bonney Robin Heinrichs Bob Johnson Wayne Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC /AAE, Clerk Judi Nielsen CMC, Deputy Clerk Linda Freed, Community Development Director APPROVAL OF AGENDA ABELL, moved to approve the seconded by BONNEY agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES A. Kodiak Island Borough Assembly regular meeting of July 16, 1998. W. STEVENS, moved to approve the seconded by HEINRICHS minutes of July 16, 1998. Regular Assembly Meeting August 6, 1998 REGULAR MEETING APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XXIV Page 146 Assemblymember Heinrichs referred to page seven. He thought the sentence that the road from Lash dock to the rocket launch facility was paved was incorrect. Mayor Selby concurred. The minutes would be corrected. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote AWARDS AND PRESENTATIONS A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month Award to Rachael Nelson, Human Resources Director in the Mayor's office. B. Proclamation Mayor Selby proclaimed August 8, 1998 U.S. Coast Guard 208th Anniversary Day in the Kodiak Island Borough and urged all citizens to participate in this annual event and celebrate the important role the United States Coast Guard plays in our community. The proclamation would be presented at the celebration. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing and General Comments. Don Bethel, Army Corps of Engineers, reported that the Corps was working on old and new environmental restoration projects. He noted that most of the sites were the result of World War II contamination. Woody Koning phoned to say that the road from Lash Dock to the Rocket Launch facility was not paved. Mike Milligan phoned to express his opinion that the Borough had a limited entry land policy. He hoped the Borough would sell property to residents. Regular Assembly Meeting August 6, 1998 AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH PROCLAMATION CITIZENS' COMMENTS Volume XXIV Page 147 Barbara Thompson, Woodland Drive resident, was concerned about increased bear activity in her neighborhood as a result of installing the landfill fence. She felt it was a dangerous situation in that the bears had no fear of people. She knew of three bears at Spruce Cape and wondered if there was a plan. In response to Presiding Officer Stevens, Mayor Selby said the bears were in town last year even without the fence in place. He suggested residents contact the Department of Fish and Game who would use the information to track the bears and to eliminate problems before someone was hurt. He added that the landfill was fenced at the request of Fish and Game because they anticipated the 11 bears in the landfill to increase to 100 in the near future Assemblymember Bonney did not want to wait until a child was hurt or killed before remedying the danger. Presiding Officer Stevens asked that a Fish and Game representative attend the next Assembly work session. Assemblymember Arndt agreed with Assemblymember Bonney and hoped Fish and Game would take care of the problem. Giovanni Talino, Woodland Drive resident, said he had to fire shots in the air to scare a bear that was 30 yards from his home. He asked the Assembly to ask Fish and Game to take care of the problem. Chuck Thompson introduced his daughter Christina. He said the same bear frequented the area where Christina and Mr. Talino's daughter played. He knew it was unlawful to shoot a bear; however, he would not hesitate if a child was in danger. Cathy Cordry questioned Mayor Selby and he responded that the fence was repaired and staff continued to patrol the area. Ms. Cordry anticipated a problem when the fence was installed. She felt the Assembly should not wait until the next work session to speak with Fish and Game. Regular Assembly Meeting August 6, 1998 Volume XXIV Page 148 Presiding Officer Stevens reiterated that Fish and Game would be contacted. COMMITTEE REPORTS Assemblymember Heinrichs attended the Alaska Municipal League (AML) Legislative Summer Conference meeting of the Land Use Economic Development Committee in Seward where proposed priorities for next year were discussed. He heard a presentation by Arlis Sturgelewski and toured Seward's very impressive sea life center. Presiding Officer Stevens also attended AML to meet with the Transportation Committee where discussion focused on the Marine Highway system. PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. 1. Ordinance No. 98 -20 Rezoning a Portion ORDINANCE (Approximately 3/4 Acre) of Lot 5, Block 1, NO. 98 -20 Kadiak Subdivision 1st Addition From R3 -Multi Family Residential To B- Business and a Portion of Tract C -1A Woodland Acres 7th Addition From R2 -Two Family Residential To B- Business. (3465 Tugidak Court and 3484 Rezanof Drive East) Presented for consideration was Ordinance No. 98 -20 that, if adopted, rezoned property to B- Business in conformance with Borough zoning maps. HEINRICHS, moved to adopt Ordinance seconded by ABELL No. 98 -20. Mayor Selby said that while researching the zoning history of these parcels, staff discovered that a portion of lot C1 -A in Woodland Acres was never rezoned to business as shown on Borough zoning maps for the last ten years. This rezone would correct the error. Regular Assembly Meeting August 6, 1998 COMMITTEE REPORTS PUBLIC HEARING Volume XXIV Page 149 Presiding Officer Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. Assemblymember Heinrichs questioned how lot C1 -A acquired two zoning designations. At Mayor Selby's deferral, Linda Freed, Community Development Department Director, said that was part of an old subdivision and this was needed to officially rezone it to business. Assemblymember Bonney was concerned that business zoning near residential would reduce residential property values. Presiding Officer Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Abell, Arndt, Heinrichs, Johnson, W. Stevens, G. Stevens Noes: Bonney MOTION CARRIED 6 Ayes, 1 No 2. Ordinance No. 98 -21 Amending the Kodiak Island ORDINANCE Borough Personnel Regulations, 1994 Edition NO. 98 -21 Referenced in Title 2 Administration and Personnel Chapter 2.12 Personnel to Provide for the Change to a Manager Plan of Government. Presented for consideration was Ordinance No. 98 -21 that, if adopted, amended the personnel regulations to enact provisions for reorganization of the municipal executive and administrative functions. W. STEVENS, moved to adopt Ordinance seconded by HEINRICHS No. 98 -21. Regular Assembly Meeting August 6, 1998 Volume XXIV Page 150 Mayor Selby said this change was for the transition to the manager plan of government. Presiding Officer Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Arndt, Bonney, Heinrichs, Johnson, W. Stevens, Abell, G. Stevens Noes: MOTION CARRIED None Unanimous 3. Ordinance No. 98 -22 Determining the Disposition ORDINANCE of Tax Foreclosed Properties for Tax Years 1993, NO. 98 -22 1994, and 1995. Presented for consideration was Ordinance No. 98 -22 that, if adopted declared three parcels public purpose lands to be sold to the Kodiak National Wildlife Refuge for fair market value and declared four parcels not public purpose to be sold at the next Borough land sale. HEINRICHS, moved to adopt Ordinance seconded by W. STEVENS No. 98 -22. Mayor Selby said this was the final disposition of tax foreclosed parcels that the Borough received from 1993 to 1995. All but one of the parcels had been owned by Larsen Bay Tribal Council shareholders. The parcels declared not for public purpose would be sold at the next Borough land sale. Presiding Officer Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. There was no discussion by the Assembly. Regular Assembly Meeting August 6, 1998 Volume XXIV Page 151 VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous Bonney, Heinrichs, Johnson, W. Stevens, Abell, Arndt, G. Stevens MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby attended the National Association of Counties (NACo) meeting where he learned that the $20 million increase to the Payment -In- Lieu -of -Tax (PILT) program had passed through the House and was now in the Senate, the Outer Continental Shelf revenue sharing impact assistance bill was introduced for higher payments directly to counties as PILT, and the Endangered Species Act would probably be held over until the next Congress. He said the meetings were useful and the Alaska agenda was strongly supported that included opening ANWR and the continued exploration of natural oil reserves included in NACo's position paper. He received an update from the Washington D.C. lobbyist that noted that the factory trawler issue and the Green Peace Bering Sea fishery lawsuit were important items for Kodiak. The $394 million for the National Marine Fisheries Service was an increase over last year that specifically impacted Kodiak. He was pleased to have the Corps back in Kodiak and noted that Bud Cassidy, Borough resource management officer, indicated that the Corps would also review privately held property that was impacted by World War II contamination. The ribbon cutting ceremony for the Kodiak Fisheries Research Center was scheduled for Friday, August 14. Regular Assembly Meeting August 6, 1998 Volume XXIV Page 152 OLD BUSINESS None. NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS ARNDT, seconded by JOHNSON Mayor Selby said this would extend the trail behind Safeway and the long -term goal was to extend up to Pillar Mountain. The $25,000 state grant was the last of the Exxon Valdez funds. There was no discussion by the Assembly. VOTE ON MOTION TO AWARD Ayes: Heinrichs, Johnson, W. Stevens, Abell, Arndt, Bonney, G. Stevens Noes: 1. Contract No. 98 -39 Island Lake Creek Trail CONTRACT Extension Project. NO. 98 -39 MOTION CARRIED moved to award Contract No. 98 -39 to Anderson Construction of Kodiak based on the base bid of $24,784. None Unanimous 2. Contract No. 98 -40 National Park Service Lease of Office Space at the Kodiak Fisheries Research Center. HEINRICHS, seconded by W. STEVENS moved to approve Contract No. 98 -40 with the U.S. Government Department of the Interior. Mayor Selby said this leased Kodiak Fisheries Research Center space to the Katmai National Park Regular Assembly Meeting August 6, 1998 OLD BUSINESS CONTRACT NO. 98 -40 Volume XXIV Page 153 preserve. The space was designed for their use and would provide a highly visible and accessible presence in Kodiak. There was no discussion by the Assembly. VOTE ON MOTION TO APPROVE Ayes: Johnson, W. Stevens, Abell, Arndt, Bonney, Heinrichs, G. Stevens Noes: MOTION CARRIED B. RESOLUTIONS VOTE ON MOTION TO ADOPT Ayes: Noes: None Regular Assembly Meeting August 6, 1998 None Unanimous 1. Resolution No. 98 -26 Accepting the Fiscal RESOLUTION Year 1999 Municipal Capital Matching Grant. NO. 98 -26 (Peterson Elementary School Addition) Presented for consideration was Resolution No. 98 -26 that, if adopted, accepted state grant funds in the amount of $130,000 for the Peterson Elementary School Addition. W. STEVENS, moved to adopt Resolution seconded by HEINRICHS No. 98 -26. Mayor Selby said the resolution was required by the state to accept fiscal year 1999 grant funds of $130,000 for the Peterson Elementary School addition. The Borough's contribution for the project would be $55,714. He anticipated an October 31, 1998 completion date. W. Stevens, Abell, Arndt, Bonney, Heinrichs, Johnson, G. Stevens RESOLUTIONS Volume XXIV Page 154 MOTION CARRIED Unanimous After a five minute recess at 8:30 p.m., Presiding Officer Stevens reconvened the regular meeting. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 98 -10A Amending Ordinance No. 98 -10 Fiscal Year 1999 Budget to Reflect the Elimination of the Appropriation in General Administration for Salaries. Presented for consideration was Ordinance No. 98 -10A that, if adopted, removed the salary appropriation for the vacated human resources director position, thereby reducing the number of Borough employees through attrition. BONNEY, seconded by ARNDT move to adopt Ordinance No. 98 -10A in first reading to advance to public hearing on August 20, 1998. Mayor Selby said the ordinance was illegal and inappropriate based on the attorney's opinion. BONNEY, seconded by ABELL Assemblymember Bonney felt it was wrong for the attorney to make a ruling when his wife was a Borough employee. He wanted an opinion from an independent attorney. VOTE ON MOTION TO POSTPONE Ayes: Noes: Regular Assembly Meeting August 6, 1998 moved to postpone Ordinance No. 98 -10A to next month. Abell, Arndt, Bonney Heinrichs, Johnson, W. Stevens, G. Stevens MOTION FAILED 3 Ayes, 4 Noes ORDINANCES FOR INTRODUCTION ORDINANCE NO. 98 -10A Volume XXIV Page 155 Assemblymember Arndt proposed the ordinance because the human resources director position was vacated, and he did not want the position filled until the manager was hired. He hoped for an agreement not to fill the position but found that eliminating the funding was his only course of action. He found it interesting that the attorney's opinion indicated this could only be done during the budget process; however, many budget adjustments came to the Assembly after the budget was adopted. Assemblymember Heinrichs did not disagree with Assemblymember Arndt about filling the position; however, he preferred to discuss this at a work session and create a resolution that would state assembly's intent that the position not be filled. Assemblymember W. Stevens felt this was a sensitive issue that crossed the line of setting policy. Assemblymember Bonney felt the manager would want to fill this key position. He felt strongly about requesting an independent attorney's opinion. Assemblymember Johnson felt it inappropriate for the Assembly to micro - manager by assuming an authority that was delegated to the manager. Assemblymember Arndt saw it as game playing when the position went from assistant to director and back to assistant. Because Mayor Selby said he needed a typist, he thought a temporary secretary would be adequate. Assemblymembers Johnson and Bonney debated whether it was a manager decision. Assemblymember Abell read the attorney's opinion that the budget was in effect through the year; however, he remembered amending the budget in the past. He supported the ordinance. Assemblymember Arndt felt the time to eliminate the position was while the position was not staffed. Regular Assembly Meeting August 6, 1998 Volume XXIV Page 156 Assemblymember Johnson felt the manager was the authority on personnel management, and he did not want to make changes before the manager was hired. Assemblymember Bonney wanted to set the policy so that the manager would understand the policy. Assemblymember Arndt said this would not be the first time a position was eliminated through the budget. VOTE ON MOTION TO ADVANCE Ayes: Arndt, Bonney, Abell Noes: Heinrichs, Johnson, W. Stevens, G. Stevens MOTION FAILED 3 Ayes, 4 Noes Presiding Officer Stevens preferred that the manager hire his staff, and he knew time would be needed for the transition. 2. Ordinance No. 98 -23 Amending the Personnel ORDINANCE Rules and Regulations by Amending the NO. 98 -23 Organization and Delegation of Authority for Position Classifications. Presented for consideration was Ordinance No. 98 -23 that, if adopted, placed the additions and changes to position descriptions, position classification, and salary schedule placement under the purview of the Assembly as it was in 1994. BONNEY, seconded by ARNDT moved to adopt Ordinance No. 98 -23 in first reading to advance to public hearing on August 20, 1998. Mayor Selby said this was ill- advised and governing bodies had lost law suits on this type of issue. The Borough's policy, written by a leading attorney, was reviewed by the Personnel Advisory Board (PAB) in 1994 and they recommended that each department head Regular Assembly Meeting August 6, 1998 Volume XXIV Page 157 distribute work equitably which would not be possible in a political environment. Also, the job descriptions currently negotiated administratively would be negotiated with the union. JOHNSON, moved to refer Ordinance seconded by ABELL to committee to the Personnel Advisory Board. Assemblymember Johnson wanted the PAB to review personnel policy and make recommendations to the Assembly. In response to Presiding Officer Stevens, Mayor Selby said the Assembly previous received a recommendation from PAB to use the current policy language. Assemblymember W. Stevens wanted to defeat the ordinance, hire the manager, and then work on the personnel policy. Assemblymember Arndt said the PAB had not reviewed the ordinance; however, this would establish the policy previously in place. The Personnel Rules limited tuition reimbursement to $1,000 per year; however, he knew $13,000 was reimbursed to the human resources assistant over three years, and then the position was promoted to the human resources director with a salary increase of $10,000 per year. That would not happen in a political arena. He did not object to the PAB reviewing the ordinance. Assemblymember Johnson saw PAB review as a wise move. Assemblymember W. Stevens did not want to direct this to the PAB to eliminate any unfinished business. Assemblymember Abell agreed that PAB review was a wise move. He wanted more information. Assemblymember Arndt wanted to move forward with the ordinance. Regular Assembly Meeting August 6, 1998 Volume XXIV Page 158 Assemblymember Bonney agreed with Assemblymember Johnson. He was concerned about how money would be spent prior to the manager transition. Mayor Selby said it was his responsibility to administer personnel and he would continue to fulfill that responsibility until October 19. VOTE ON MOTION TO REFER Ayes: Noes: D. OTHER ITEMS 1. W, STEVENS seconded by JOHNSON JOHNSON, seconded by ABELL Regular Assembly Meeting August 6, 1998 Bonney, Johnson, Abell, Arndt, G. Stevens Heinrichs, W. Stevens MOTION CARRIED 5 Ayes, 2 Noes Appointment to Airport Advisory Committee. Mayor Selby thanked Mr. Rossiter for volunteering and voiced his appreciation to all who volunteered. There was no discussion by the Assembly. VOTE ON MOTION MOTION CARRIED moved to appoint Donald R. Rossiter to the Airport Advisory Committee for a term to expire December 31, 2000. Unanimous voice vote 2. Resignation from the Service District No. 1 Board. moved to accept, with regret, the resignation of Eric Kocurek from the Service District No. 1 Board and to direct the clerk to place the OTHER ITEMS AIRPORT ADVISORY COMMITTEE APPOINTMENT SERVICE DISTRICT NO. 1 BOARD MEMBER RESIGNATION Volume XXIV Page 159 Mayor Selby thanked Mr. Kocurek and noted that he had not left the community but had moved into the city. Presiding Officer Stevens thanked Mr. Kocurek. VOTE ON MOTION MOTION CARRIED INFORMATIONAL MATERIALS (No action required) A. B. 1. C. OTHER None. MINUTES OF OTHER MEETINGS 1. Planning & Zoning Commission Meeting of June 17, 1998. 2. Local Emergency Planning Committee Meeting of May 26, 1998. 3. Service District No. 1 Regular Meeting of June 2 and Special Meeting of June 11, 1998. 4. Fire Protection Area No. 1 Board Special Meeting of January 6 and Regular Meetings of January 13, February 10, March 10, March 17, and April 22, 1998. 5. Kodiak Island Borough Board of Education Regular Meeting of June 22 and Special Meeting of July 6, 1998. 6. Kodiak Area Transit System Advisory Committee Meetings of March 16 and June 22, 1998. REPORTS Regular Assembly Meeting August 6, 1998 vacancy on the October 6, 1998 municipal ballot. Unanimous voice vote Kodiak Island Borough School District Board of Education Summary of July 20, 1998. INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER Volume XXIV Page 160 CITIZENS' COMMENTS Eileen Probasco congratulated Rachael Nelson and thanked Eric Kocurek for his service on the Board. ASSEMBLYMEMBER COMMENTS Assemblymember Johnson congratulated Rachael Nelson as Employee of the Month. He welcomed Barbara Herrnsteen who was in the audience reporting for the Kodiak Daily Mirror. Assemblymember Bonney reiterated his concern about personnel opinions from the Borough attorney that could affect his wife as a Borough employee. He agreed with Mr. Thompson that children come first, and he wanted the Assembly to address the bear issue. He asked that any changes in personnel be copied to the Assembly for the next year. Clerk Smith said they would be notified as they had been in the past. Assemblymember W. Stevens congratulated Ms. Nelson. He also congratulated the U.S. Coast Guard for 208 years of service and as a valuable member of the community. Assemblymember Heinrichs received a report on NACo's effort to standardize Geographic Information Systems (GIS) software. Mayor Selby said there was talk about aligning with the state for a standardized GIS data base for maps. The importance of that was evidenced during the Exxon Valdez oil spill. Assemblymember Heinrichs asked about auto parts recycling. Mayor Selby had received two letters of interest and a draft agreement would be prepared. Assemblymember Abell urged residents to call Fish and Game when bears were near residences. He saw it as a serious problem and hoped no one would be hurt. At Assemblymember Abell's inquiry, Mayor Selby said he expected the large, high quality BMX race track to be completed in the fall. Regular Assembly Meeting August 6, 1998 CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXIV Page 161 Assemblymember Abell knew of discussion on the Mark Air terminal at a work session; however, he said he would have preferred to receive more information prior to the grant request so the Assembly could make an educated decision. Assemblymember Arndt welcomed Barbara Herrnsteen and spoke of sitting on the assembly with her late father. He raised concerns about the bears when the fence was first proposed and felt the Assembly should assume responsibility for the problem. He said termination of the bears was the only solution because bears roaming in neighborhoods was not acceptable. He received the Borough's tuition and reimbursement agreements; however, he also asked for a list of the positions attending special training in 1997 and 1998. He remembered that staff was asked to review the possibility of acquiring the MarkAir terminal, not apply for the grant. He hoped to be able to communicate more directly with the manager. Presiding Officer G. Stevens hear discussion at AML on Y2K and potential computer problems in the year 2000. He thought to ascertain if other community agencies were ready for the year 2000 and suggested that as a topic for the next work session. He noted that the Assembly would meet in a work session to hold teleconference interviews with the eight applicants for the Borough manager position. He saw the need for the Assembly to meet with Fish and Game and asked the clerk to schedule a meeting. Presiding Officer Stevens announced the Assembly would meet in a work session on Thursday, August 13, at 7:30 p.m. in the borough conference room, a joint assembly /council work session on Tuesday, August 18, at 7:30 p.m. in the borough conference room, and a Regular Assembly Meeting August 6, 1998 Volume XXIV Page 162 regular meeting on Thursday, August 20 at 7:30 p.m. in the assembly chambers. 16. EXECUTIVE SESSION A. Annual Personnel Evaluation. ANNUAL PERSONNEL EVALUATION ARNDT, seconded by BONNEY VOTE ON MOTION MOTION CARRIED Unanimous voice vote At 9:37 p.m., Presiding Officer Stevens recessed the regular meeting to convene into executive session for annual evaluation of the borough clerk. At 10:26 p.m., the Presiding Officer Stevens reconvened the regular meeting noting that no action would be taken as a result of the executive session. There being no further business to come before the Assembly, the meeting adjourned at 10:27 p. ATTEST: Donna F. Smith, CMC /AAE Borough Clerk Regular Assembly Meeting August 6, 1998 move to convene into executive session for the annual evaluation of the borough clerk. 4 aA►i ar L. S tevens, Presiding Officer Approved: 09/03/98 EXECUTIVE SESSION ADJOURNMENT Volume XXIV Page 163