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1995-08-17 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting August 17, 1995 A regular meeting of the Kodiak Island Borough Assembly was held August 17, 1995 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 Richard Thomas of the Kodiak Baptist Mission, followed by the Pledge of Allegiance. There were present: ROLL CALL Mary Monroe, Presiding John Burt Suzanne Hancock Robin Heinrichs Jack McFarland Mike Milligan Gary Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Judi Nielsen, Deputy Clerk Hannah Broussard, Secretary APPROVAL OF AGENDA MILLIGAN, moved to approve seconded by HEINRICHS the agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of July 20, 1995. MILLIGAN, seconded by HEINRICHS VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS moved to approve the minutes of July 20, 1995. Unanimous voice vote Connie Mathews, Small World director, and Linda Bible, Small World main center supervisor, presented a special thank you card from the children to the Assembly and Mayor Selby for their continued support. Regular Assembly Meeting August 17, 1995 REGULAR MEETING APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS Volume XX Page 163 CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Giovanni Tallinn spoke to Resolution No. 95 -36 in that he felt it was not appropriate for Senator Murkowski to circumvent the judiciary system. He asked the Assembly to take a stand by adopting the resolution. Jake Jacobson agreed with Mr. Tallino and outlined the movement of Senator Murkowski's Bill through the Senate and House. J,isa Roach said she felt the community was outraged when Lesnoi posted no trespassing signs on their property. She thought a fraud was perpetrated that affected all residents. She urged the Assembly to adopt Resolution No. 95 -36 as a way to heal the community. Vikki Jo Kennedy supported Resolution No. 95 -36 and applauded Assemblymember Hancock's courageous stand. Guy Powell, Kodiak resident since 1958, urged the Asembly to adopt Resolution No. 95 -36. Bill Burton, farmer, supported Resolution No. 95 -36. Kristin Stahl- ,Tnhnann stated she was a founding board member and secretary of the Alaska Marine Conservation Council (AMCC). She said the AMCC established the Clean Fishing Campaign that championed fisheries management reform to minimize bycatch, waste and habitat disruption. She felt Resolution No. 95 -35 addressed a critical issue that affected the economic health of the community. She suggested amendments to clarify language to ensure reduced bycatch and to minimize ecological problems. Woody Koning, 19 year Chiniak resident, thanked the Assembly for responding to community concerns. He urged the Assembly to adopt Resolution No. 95 -36. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Presiding Officer Monroe reported that the Planning and Zoning Commission reviewed several rezones and subdivisions and would meet on August 23. Regular Assembly Meeting August 17, 1995 CITIZENS' COMMENTS Volume XX Page 164 PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby said there was good news in that the Corps of Engineers reported that the state funds appropriated included the Ouzinkie breakwater project. He anticipated the completed paperwork would be signed as early as March. He said it was a matching grant and Ouzinkie would match funds. He noted that although the Larsen Bay breakwater was not funded, the Corps was working on plans. He said an airline terminal building was for sale and he would present the information at a work session. He reported that the medical infectious waste program at the landfill processed 3,389 pounds of material from January through July. He said the program benefited the community and reduced expenses for medical facilities. He said the congressional visit to the future site of the Alaska Aerospace facility at Narrow Cape was successful. He noted that launching from the facility would not put the area to the south at risk. He reported on discussion of the need to pave the road to the facility. He was impressed with the community turnout. He said permits for the Anton Larson Dock were in hand and he anticipated a fall completion date. OLD BUSINESS OLD BUSINESS None. NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 95 -46 East Elementary School CONTRACT Driveway Improvements. NO. 95 -46 MILLIGAN, seconded by HEINRICHS Regular Assembly Meeting August 17, 1995 moved to award Contract No. 95 -46 to Brechan Enterprises, Inc. of Kodiak in an amount not to exceed $30,532. PUBLIC HEARING MESSAGES FROM MAYOR Volume XX Page 165 Mayor Selby said the contract was for construction of a second driveway at the entrance to East Elementary School that would alleviate traffic congestion and create safer conditions. He said two bids were received and Brechan Enterprises, Inc. was the low bidder. There was no discussion by the Assembly. VOTE ON MOTION TO AWARD Ayes: Burt, Hancock, Heinrichs, McFarland, Milligan, Stevens, Monroe Noes: None MOTION CARRIED Unanimous 2. Contract No. 95 -48 Womens Bay Firehall Exterior Painting. MILLIGAN, seconded by HEINRICHS moved to award Contract No. 95 -48 to Swede's Painting & Drywall, Inc. of Anchorage in an amount not to exceed $9,010. Mayor Selby said the contract was for stain removal, power washing, and painting of the Womens Bay Firehall. He explained that three bids were requested but only one bid was received. He noted that the paint was previously purchased. There was no discussion by the Assembly. VOTE ON MOTION TO AWARD Ayes: Hancock, Heinrichs, McFarland, Milligan, Stevens, Burt, Monroe Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 95 -35 Urging the RESOLUTION Reauthorization of the Federal Magnuson NO. 95 -35 Fisheries Conservation and Management Act. Regular Assembly Meeting August 17, 1995 CONTRACT NO. 95 -48 Volume. .1C Page 166 Presented for consideration was Resolution No. 95 -35 that, if adopted, supported adding the requirement for an analysis of the economic impact on coastal communities prior to adopting a fisheries policy and to not consider further IFQ programs until the halibut and sablefish programs prove themselves. MILLIGAN, moved to adopt seconded by McFARLAND Resolution No. 95 -35 Mayor Selby said this was a significant piece of federal legislation that would impact the community. He felt Section 1 was important in that it requested the establishment of a new national standard for fisheries to require an economic impact analysis for coastal communities prior to implementing a fisheries policy. He noted that three suggestions from the fishing industry were incorporated in the draft. He said the timing of the resolution was of the essence. McFARLAND, seconded by MILLIGAN VOTE ON MOTION TO AMEND Ayes: Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting August 17, 1995 moved to amend Resolution No. 95 -35 in the first and second WHEREAS by replacing the word: "groundfish" with the word: "fishery "; by adding to Section 4 after the word: "jurisdiction" the words: "including defining the conditions approaching overfishing "; and by adding in the first WHEREAS after the word: "Borough" the words: "contains one of the largest fishery communities in the nation and ". Heinrichs, McFarland, Milligan, Stevens, Burt, Hancock, Monroe Assemblymember Burt thought the issue should remain at the local level rather than the federal level. Volume XX Page 167 MILLIGAN, seconded by BURT MILLIGAN, Seconded by BURT VOTE ON MOTION TO AMEND THE AMENDMENT Ayes: Noes: McFarland Regular Assembly Meeting August 17, 1995 moved to amend Resolution No. 95 -35 by adding to Section 3 after the words: "fisheries and" the words: "supports the Congressional intent outlined in S.39 to provide economic incentives to minimize the bycatch of unwanted species ", and delete the remainder of the sentence. Assemblymember Milligan felt the benefit derived from bycatch fisheries was not understood and that wording specific to the bycatch of unwanted species was a clarifier. Assemblymember McFarland respected Assemblymember Milligan's position but felt the Assembly should be careful about changing language because several groups reviewed the language. Mayor Selby suggested the Assembly include enforcement language because fisheries groups felt enforcement did not solve bycatch and discard problems. moved to amend the the amendment by adding to Section 3 as the last sentence the words: "In addition, the Assembly supports the council's ability to develop and enforcement's ability to enforce regulations which actually reduce bycatch and discards ". Milligan, Stevens, Burt, Hancock, Heinrichs, Monroe MOTION CARRIED 6 Ayes, 1 No Volume XX Page 168 VOTE ON MOTION TO AMEND AS AMENDED Ayes: Milligan, Stevens, Burt, Hancock, Heinrichs, Monroe Noes: McFarland MOTION CARRIED 6 Ayes, 1 No Assemblymember Milligan complimented Mayor Selby for his efforts with the Southwest Alaska Municipal Conference and the Alaska Municipal League. Assemblymember McFarland felt the potential for production fishing was not addressed. McFARLAND, seconded by BURT VOTE ON MOTION TO AMEND Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting August 17, 1995 moved to amend Resolution No. 95 -35 in Section 5 by replacing the word: "towing" with the word: "fishing ". Ayes: Stevens, Burt, Hancock, Heinrichs, McFarland, Milligan, Monroe Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Burt, Hancock, Heinrichs, McFarland, Milligan, Stevens, Monroe 2. Resolution No. 95 -17C An Addendum to Resolution No. 95 -17 of the Kodiak Island Borough Assembly Authorizing the Records Coordinator to Dispose of Certain Borough Records. Presented for consideration was Resolution No. 95 -17C that, if adopted, authorized destruction of records that are not of historical, legal, or administrative value and have met minimum retention requirements. RESOLUTION NO. 95 -17C Volume XX Page 169 MILLIGAN, moved to adopt seconded by STEVENS Resolution No. 95 -17C. Mayor Selby explained that each department worked with the records coordinator to identify records that exceeded retention requirements based on the records retention schedule. He clarified that the records were from the Child Care Assistance Programs office. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Hancock, Heinrichs, McFarland, Milligan, Stevens, Burt, Monroe Noes: None MOTION CARRIED Unanimous 3. Resolution No. 95 -36 Supporting Judicial RESOLUTION Resolution of the Substantive Issues NO. 95 -36 Regarding Leisnoi's Alaska Native Claims Settlement Act (ANCSA) Eligibility. Presented for consideration was Resolution No. 95 -36 that, if adopted, stated opposition to legislation to confirm or ratify Leisnoi's existence by supporting the judicial review of Leisnoi's ANCSA eligibility. MILLIGAN, moved to adopt seconded by BURT Resolution No. 95 -36. Mayor Selby said the resolution, that was introduced by Assemblymember Hancock, requested that Congress not intervene on an issue that needed judicial review. Assemblymember Hancock thanked Assemblymembers Milligan and McFarland for their asstance in drafting the resolution. She anticipated discussion and amendments but considered that part of the democratic process to best serve the interest of the community. She felt that saying nothing gave tacit approval and she firmly believed that the issue should go through the judicial process. Assemblymember Stevens asked for a ruling on his potential conflict of interest in that his wife was a member of Leisnoi. Presiding Officer Monroe ruled not conflict of interest in that there was no finanical gain. Regular Assembly Meeting August 17, 1995 Volume AX Page 170 Assemblymember Milligan read a petition submitted to the Assembly that urged the Assembly to adopt the resolution. He noted that 56 people signed the petition. Assemblymember Burt remarked that the petition was circulated for only one day so the opportunity to secure additional signatures was limited. Assemblymember Stevens wondered what Kodiak citizens and the Borough would gain. Assemblymember McFarland thought the citizens and Borough would remain neutral. McFARLAND, Seconded by STEVENS Mayor Selby outlined the wisdom of the motion in that 1) it placed the plaintiffs on record that if they want to continue to pursue the suit, they should move ahead; 2) it set a specific time -frame to resolve the issue; 3) resolution was needed because the issue was ongoing for 20 years and divided the community; and 4) if he cornered a brown bear with a switch in his hand he probably would leave a way out and, when confronting senators with wrong- doing, a way out was needed. VOTE ON MOTION TO AMEND Ayes: Regular Assembly Meeting August 17, 1995 moved to amend Resolution No. 95 -36 by adding as Section 2 the words: An Amendment to Section 109 of Senate Bill 537 to add the sentence: "This section shall become effective on October 1, 1998, unless the United States judicial system determines this village was fraudulently established under ANCSA prior to October 1, 1998." Heinrichs, McFarland, Milligan, Stevens, Monroe Noes: Burt, Hancock MOTION CARRIED 5 Ayes, 2 Noes Volume XX Page 171 VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: MOTION CARRIED 6 Ayes, 1 No C . ORDINANCES FOR INTRODUCTION 1. Ordinance No. 95 -12 Rezoning Property Surrounding the Monashka Bay Watershed, Including Borough -Owned Land at the End of the Road in Monashka Bay, From C -- Conservation to NU-- Natural Use. Presented for consideration was Ordinance No. 95 -12 that, if adopted, rezoned property consistent with the 1968 Borough Comprehensive Plan to designate a watershed reserve and buffer zone to protect the watershed. MILLIGAN, seconded by HEINRICHS Mayor Selby said rezoning the property, some of which were adjacent to Termination Point, would reinforce the community's intent to preserve the area for park and recreation use, as well as protect the Monashka Bay Watershed by providing a buffer that allowed less intensive use. VOTE ON MOTION TO ADVANCE Ayes: Noes: MOTION CARRIED D. OTHER ITEMS 1. Contract No. 95 -47 Collective Bargaining Agreement with IBEW. MILLIGAN, seconded by McFARLAND Regular Assembly Meeting August 17, 1995 McFarland, Milligan, Burt, Hancock, Heinrichs, Monroe Stevens moved to advance Ordinance No. 95 -12 to public hearing on September 7, 1995. Milligan, Stevens, Burt, Hancock, Heinrichs, McFarland, Monroe None Unanimous moved to ratify Contract No. 95 -47. ORDINANCES FOR INTRODUCTION ORDINANCE NO. 95 -12 OTHER ITEMS CONTRACT NO. 95 -47 Volume XX Page 172 Mayor Selby said the contract represented a six -year process to unionize Borough employees with the International Brotherhood of Electrical Workers (IBEW) union. He said the contract presented was in line with the Kodiak Island Borough Personnel Manual. Assemblymember Burt understood there was a question about which employees voted to ratify the contract. Mayor Selby said originally all Mental Health Center employees were excluded, so the Borough petitioned to include them to eliminate the potential need for two bargaining units. He explained that the Public Employees Relations Act (PERA) provided guidelines for unionization of government employees. He said there was a provision for municipalities to opt -out of PERA and the Assembly adopted a resolution doing that. Subsequent to that, he said, guidelines were added to PERA that required that an alternate form of bargaining unit must be provided. He said subsequent assemblies never made that provision and the question went to the courts as to whether the Borough properly opted - out.. He reported that the courts ruled the Borough had not properly opted -out and was still under the PERA requirements. He added that the Mental Health Center clinicians and two Facilities /Engineering Department employees were eliminated from the bargaining unit at the the request of the IBEW. He said other employees eliminated were the Clerk's office staff, as legislative staff for the Assembly; the administrative assistant and personnel assistant, as administrators of the contract; and all department heads, as part of the management team. In response to Assemblymember Burt, Mayor Selby said leave accumulation, benefits, salary schedules and hours of work were the same for all employees. Assemblymember Burt opposed the contract in that he felt it was potentially too beneficial to employees. Assemblymember Stevens said the union created a new era for the Borough and there was a learning process. He respected the employees' right to unionize and felt the Assembly should help to make it work. Assemblymember McFarland agreed with Assemblymember Stevens. He felt there would be new dynamics in the relationship between adminstration and employees. He hoped the Assembly would continue to view Borough employees with respect and important to the system. Regular Assembly Meeting August 17, 1995 Volume XX Page 173 Assemblymember Burt noted that the Borough would pay $10,000 in back -dues. Mayor Selby said the Borough paid $20,000 for legal services during the negotiation process to ensure that employees' rights were upheld. He did not oppose unionization as long as a reasonable relationship was developed with the IBEW to ensure that employees remained productive. He said the Borough consistently ranked in the top 5% of local governments in the country for the last 10 years. Assemblymember Burt participated in the negotiations and suspected the IBEW would not be as friendly as anticipated. He did not oppose unions but he had a problem with the personnel policy because employees earned 18 to 30 days of annual leave yearly. Assemblymember Stevens understood the Borough was not actually paying dues and would not pay future dues. Mayor Selby said the 18 month contract was effective January 1, 1995 through June 30, 1996. He said in October the union proposed removing more people from the bargaining unit, including eight Mental Health Center CSP employees. He said the Borough asked for discussion at the next session and perceived that negotiations were not complete. He explained that subsequent to that the union took the position that negotiations were complete and filed an unfair labor practice suit with the labor relations agency. He said the agency ruled that negotiations were complete on October 5, 1994 and as a penalty the agency ruled that the Borough would pay approximately $10,000 in back -dues. He said this was a one time expense and all future dues would be paid by the employees. Assemblymember Burt was concerned about changes in fishing income and felt employees should be laid -off rather than negotiating higher wages. Mayor Selby said it was his and the Assembly's job to ensure that the economy continued to thrive so that employees' benefits were not at risk. Assemblymember Heinrichs respected the employees' right to organize but felt the union was a third party that might have interests that might not enhance the employees' position. Regular Assembly Meeting August 17, 1995 Volume XX Page 174 VOTE ON MOTION TO RATIFY Ayes: Stevens, Hancock, Heinrichs, McFarland Milligan, Monroe Noes: Burt, MOTION CARRIED 6 Ayes, 1 No INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS None. B. REPORTS None. C. OTHER None. CITIZENS' COMMENTS Dan Millard, Borough employee, did not endorse the IBEW position but viewed himself as a representative of borough employees during the negotiation process. As a result, he said he was virtually threatened in his job, in his relationship with IBEW lineman, and on other projects when he experienced coercion through phone calls and other contacts. He contended that employees were not necessarily comfortable with the IBEW representing them. He said employees wanted a forum to meet, express concerns and make policy decisions that allowed communication without a third party. He appreciated the time and effort extended during a frustrating time and hoped for a period of healing and to reestablish a line of communication. Assemblymember Milligan said he wanted to draft a resolution addressing the Internal Revenue Service sale of IFQs. He thought the community was disenfranchised because IFQs were sold in Anchorage instead of Kodiak. He shared a copy of the Ruralite that featured a picture of "the kiss" taken at the end of World War II that he felt depicted a time when nobody wanted to keep fighting. Regular Assembly Meeting August 17, 1995 MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Volume XX Page 175 Assemblymember Heinrichs felt the Assembly was uneasy about voting on some issues and, in particular, on Resolution No. 95 -36. Assemblymember Stevens explained the rules of the assembly in that when assemblymembers refused to vote, the vote counted with the majority. He appreciated Presiding Officer Monroe's ruling on his possible conflict of interest. Assemblymember McFarland reported that Chiniak residents wanted to discuss the Chiniak Library, and he suggested that as a work session topic. He asked for information on the plan for Salone Creek and the closure of the outdoor rifle range. He wanted a sister resolution to the SWAMC resolution that supported the State of Alaska State Waters Cod Fishing Program. He announced he would be out on vacation next week. He reminded the public that the municipal election was forthcoming with Borough and City seats open and encouraged people to run for office. At his inquiry, Mayor Selby said the plaque for retired Harbor Master McCorkle was in hand and would be presented as soon as possible. Assemblymember McFarland wanted to review the sale of IFQ's because the resource was transferred to other users and funds not returned to the program. He thought the situation terrorized livelihoods. In response to Presiding Officer Monroe, Mayor Selby said the hospital construction was on schedule with the base completed and steel being installed. He anticipated the entire facility would be enclosed by November 1. Assemblymember Burt felt the cost of an IFQ was immaterial and the actual economic value of fishing in the community that was valuable. He suggested a resolution with historical data to show actual value. Presiding Officer Monroe was pleased with the efforts of Assemblymembers Hancock, Milligan and McFarland in drafting a difficult resolution. Assemblymember McFarland appreciated Voltaire's quote in that he may disagree with what you say, but defend to the death your right to say it. Regular Assembly Meeting August 17, 1995 Volume XX Page 176 Presiding Officer Monroe announced the assembly would meet in a joint assembly /council work session on Tuesday, August 22 at 7:30 p.m. in the Borough conference room, a work session on Thursday, August 31 at 7:30 p.m. in the Borough conference room and a regular meeting on September 7 at 7:30 p.m. in the assembly chambers. She announced that candidate handbooks were available in the clerk's office for those interested in running for office and noted the specific seats open. She said the clerk's office would hold a voter registration drive on Friday, August 25 at the USCG Support Center from 11 a.m. to 2:00 p.m. and at Safeway from 11:00 a.m. to 7:00 p.m. There being no further business to come before the Assembly, the meeting adjourned at 10:07 p.m. ATTEST: Donna F. Smith, CMC Borough Clerk Approved: 10/05/95 Regular Assembly Meeting August 17, 1995 Mary A. Monroe Presiding Officer Volume XX Page 177