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10/04/2012 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting October 4, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, October 4, 2012, 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 Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Jerrol Friend, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA FRIEND moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of September 6, 2012 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed October 6, 2012 as Coast Guard Appreciation Day in Kodiak and urged citizens to recognize our Coast Guard community for their individual and collective efforts in making Kodiak and all the navigable waters of Alaska a. safer and better place to live, work, and play. Mayor Selby proclaimed the Month of October 2012 as Domestic Violence Awareness Month in Kodiak and encouraged all citizens of Kodiak to actively support and participate in the ongoing programs designed to reduce and eventually eliminate violence as a social problem. Mayor Selby proclaimed the Month of October 2012 as Fire Prevention Month throughout the Borough and urged all the people of Kodiak to practice their home fire escape plan during Fire Prevention Month 2012, and to support the many public safety activities and efforts of the Kodiak Island Borough's fire and emergency services. Mayor Selby proclaimed the Month of October 2012 as Filipino American National History Month as established by the trustees of the Filipino American National Historical Society, CITIZENS' COMMENTS Scott Arndt spoke against the Borough contracting work with an Assembly member. Dan Rohrer and Kevin Arndt spoke on conflict of interest and duty of loyalty. George Reith spoke to Ordinance No. FY2012 -06 and the subject of conflict of interest. Kodiak Island Borough Assembly Minutes October 4, 2012 Page 1103 • Kate Ballenger spoke against the way the current contract with Kodiak Construction Services was being handled by the Assembly. COMMITTEE REPORTS Nick Szabo, Solid Waste Advisory Board Chairperson, reported on the meeting of September 25, 2012. The Board voiced its desire to meet with the new Borough Manager to discuss future plans. • PUBLIC HEARING 1. Ordinance No. FY2013 -01A Amending Ordinance No. FY2013 -01 Fiscal Year 2013 Budget by Accepting Three Grants. KAPLAN moved to adopt Ordinance No. FY2013 -01A. The Borough received a legislative grant of $3,000,000 for the Landfill Lateral Expansion Phase II; and a $7,000,000 legislative grant for KHS VocEd and Physical Education renovation. The Borough also received a $100,000 legislative grant to purchase playground equipment for Womens Bay Parks. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Friend, Kaplan, Lynch, Stephens, and Stutes. 2. Ordinance No. FY2013 -03 Amending Section 411.2 Longevity Pay of the Personnel Manual. KAPLAN moved to adopt Ordinance No. FY2013 -03. This ordinance was drafted by Mayor Selby. The K1B Personnel Manual Section 411.2 provided for longevity pay for regular full -time employees of the Borough who worked 7, 10, and 15 years. In order to retain longevity of the Borough employees it was integral to continue recognizing the long- term employees' who had continued their service with the Borough for 20, 25, and 30 years. This was extremely important now that the Public Employees Retirement System (PERS) changed from a defined benefit program to a defined contribution program. Employee turnover could be very costly and it was in the Borough's best interest to minimize turnover, The Borough's Working Conditions Advisory Council (WCAC) was reestablished in July 2012. This council was established to benefit those employees not covered by the Union contract, including department heads. The WCAC met on August 31, 2012, and approved the Longevity Ordinance to advance to the Borough Assembly for adoption. The intention of the ordinance was to benefit all regular full -time employees of the Borough; however, according to the Borough Attorney benefits of the ordinance would have no effect on the union employees, as they were covered by a collective bargaining agreement and any unilateral change would be considered an unfair labor practice. The ordinance was then rewritten to cover the exempt employees only. Mayor Selby opened the public hearing. Alan Torres spoke in support of Ordinance No. FY2013 -03 overall; however, he voiced concerns on portions of the ordinance. Kodiak Island Borough Assembly Minutes October 4, 2012 Page 1104 • Karl Short and Lauri Whiddon spoke in favor of Ordinance No. FY2013 -03. Comments by Marilyn Ordal in opposition of Ordinance No. FY2013 -03 were read into the record. Mayor Selby closed the public hearing. STUTES moved to postpone Ordinance No. FY2013 -03 until the results of the salary study were completed. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED SIX TO ONE: Bonney, Friend, Kaplan, Stephens, Stutes, and Austerman (Ayes); Lynch (No). 3. Ordinance No. FY2013 -04 Amending Section 707 Sick Leave of the Personnel Manual. KAPLAN moved to adopt Ordinance No. FY2013 -04. This ordinance was drafted at the request of Working Conditions Advisory Council Chairperson Short. Per KIB Personnel Manual Section 707, the Borough employees currently did not get cash payment/compensation for unused sick leave when they terminated their employment with the Borough. When the Public Employees Retirement System (PERS) changed from a defined benefit program to a defined contribution program, much of the incentives for long -term employment went away. Employees who worked over five years should be fairly compensated for unused sick leave and by providing this incentive it would discourage inappropriate use of sick leave. The WCAC met on August 31, 2012, and approved the Sick Leave Pay ordinance to advance to the Borough Assembly for adoption. A memo -from Finance Director Short and comments by Marilyn Ordal regarding Ordinance No. FY2013 -04 were provided to the Assembly. Mayor Selby opened the public hearing. Karl Short and Lauri Whiddon spoke in support of Ordinance No. FY2013 -04. Alan Torres and Scott Arndt spoke in opposition of Ordinance No. FY2013 -04. Mayor Selby closed the public hearing. STEPHENS moved to postpone indefinitely Ordinance No. FY2013 -04. The Assembly spoke to the intention of bringing this Ordinance back once the salary study was completed. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED SIX TO ONE: Friend, Kaplan, Lynch, Stephens, Stutes, Austerman (Ayes); Bonney (No). BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) Administrative Official Cassidy reported on the following: • Long -Term Care Center Update • City reported issues regarding sludge; the Borough and City were working with Department of Environmental Conservation on the matter. Kodiak Island Borough Assembly Minutes October 4, 2012 Page 1105 MESSAGES FROM THE BOROUGH MAYOR Mayor Selby congratulated the individuals elected into office as result of the regular election of October 2, 2012. He reported on the Western Interstate Region Fall Meetings being held in Kodiak. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2004-61E Kodiak Island Borough Legislative Consultant During the 2013 and 2014 Legislative Sessions. This item was approved under the consent agenda. The agreement for lobbying services between Kodiak Island Borough and Hickey & Associates would expire on December 31, 2012. KIBC 3.30.070.A stated that competitive bids were not required for professional contracts. The contract was another two year contract, similar to the last contract and was for the same amount as the previous contract which was $40,000 annually. At the end of the year, Mr. Hickey would have worked on behalf of the Borough for twelve years. Mr. Hickey had done an excellent job for the Borough, working well with the legislature and various State agencies, including the Governor's office. Mr. Hickey was supportive of Borough projects, assisting the Manager and staff not only with legislation but also with project hurdles encountered from time to time with State agencies that were administrating grants or projects. The Assembly authorized the Manager to execute Contract No. FY2004 -61E with Hickey & Associates of Juneau, Alaska in the amount not to exceed $40,000 annually for the period of January 1, 2013 to December 31, 2014. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2013 -05 Determining the Disposition of a Tax Foreclosed Property and Establishing Intention to Surplus and Sell Said Property by Finding That a Public Need Does Not Exist for the Property and Authorizing the Property for Immediate Disposal (P &Z Case 13- 001). AUSTERMAN moved to adopt Ordinance No. FY2013 -05 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Borough's Resource Management Officer-requested an expedited review of the tax foreclosed property, 1311 Larch Street, due to its deteriorated condition and the prospect of substantial Borough effort to protect the remaining value of the property before the onset of winter. The Planning and Zoning Commission reviewed the property as required by KIBC 18.30.020 and found that there was no compelling public purpose that would justify the Borough to keep the property, and the City of Kodiak was offered the property and declined the offer. The Commission held a public review of the case at its regular meeting of September 19, 2012. A copy of the resolution and other related case materials were provided for the Assembly's review and Kodiak Island Borough Assembly Minutes October 4, 2012 Page 1106 • consideration in accord with the applicable provision of KIBC 18.20 Real Property Disposal - In General. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Kaplan, Lynch, Stutes, Austerman, Bonney, and Friend (Ayes); Stephens (No). 2. Ordinance No. FY2013 -06 Amending Title 2 Administration and Personnel Chapter 2.35 Conflict of Interest by Adding Section 2.35.015 Restrictions on Employment and Personal Services Contracts. - STEPHEN moved to adopt Ordinance No. FY2013 -06 in first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance was drafted and requested by Assembly member Stephens. The ordinance would prohibit simultaneous employment of personal services contracts with the Borough by the Mayor and Assembly members. It also allowed for the termination of the individual's term of office as well as termination of any contract between the individual and the Borough. ROLL CALL VOTE ON MOTION FAILED FOUR TO THREE : Austerman, Bonney, Kaplan, and Lynch (Noes); Stephens, Stutes, and Friend. Other Items 1. Assembly Direction to Manager That All Further Performance and Payment Under Contract No. FY2012 -24, a Professional Services Contract Between KIB and Kodiak Construction Services, Together With Any and AU Purchase Orders or Directives Issued in Reliance Thereon, be Suspended Until Such Time as Said Contract Has Been Ratified and Approved Pursuant to an Ordinance Passed by the Assembly. STEPHENS moved to direct the Manager (Administrative Official) to suspend all further performance, payment, and actions of any kind under Contract No. FY2012 -24, a professional services contract between the Borough and Kodiak Construction Services, together with any and all purchase orders or directives issued in reliance thereon, be suspended until such time as said contract has been ratified and approved pursuant to an ordinance passed by the Borough Assembly. Assembly member Lynch declared a conflict of interest. Mayor Selby ruled in favor of the conflict of interest and Assembly member Lynch stepped down from the dais. This item was requested by Assembly member Stephens. Assembly member Stephens summarized his reasoning for bringing the item before the Assembly. ROLL CALL VOTE ON MOTION FAILED FOUR TO TWO: Austerman, Bonney, Friend, and Kaplan (Noes); Stephens and Stutes (Ayes). CITIZENS' COMMENTS Alan Torres thanked the Assembly for its hard work. Kate Ballenger expressed disappointment in the Assembly. Kodiak Island Borough Assembly Minutes October 4, 2012 Page 1107 Dan Rohrer spoke in support of a future ordinance regarding conflict of interest. Scott Arndt spoke in support of a future ordinance regarding conflict of interest and expressed disappointment on the sole source contract. ASSEMBLY MEMBER COMMENTS Assembly member Stephens spoke in support of legal opinions being released to the public. Assembly member Bonney spoke on a future ordinance regarding conflict of interest. Assembly member Lynch addressed the community and spoke to the professional services contract . Kodiak Construction Services held with the Borough. Assembly members Friend and Kaplan congratulated elected officials and thanked the Clerk's staff for conducting the election. Assembly member Austerman spoke to the comments expressed regarding the Kodiak Construction Services contract with the Borough. Announcements The next Assembly work session would be held on Thursday, October 11 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, October 18 at 7:30 p.m. in the Borough Assembly Chambers: ADJOURNMENT • KAPLAN moved to adjourn the meeting. • ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Friend, Kaplan, Lynch, Stephens, and Stutes. The meeting was adjourned at 9:45 p.m. KODIAK ISLAND BOROUGH ATTEST: JJ roa me M. Selby; Mayor 11 ( I f Nova M. Javier, MMCOorough Clerk Approved on: December 6, 2012 I ' Kodiak Island Borough Assembly Minutes October 4, 2012 Page 1108