1988-12-15 Regular MeetingKODLAK ISLARO BOROOM
Regular Assembly Meeting
December 15, 1988
A regular meeting of the Kodiak Island Borough Assembly was held
December 15, 1988, in
the Assembly Chambers of the
Borough Building, 710 Kodiak Island
REGULAR MEETING
Mill Road. The was called to
order at 7;34 p.m. (A
verbatim record is on file in the Clerk's
office)
The invocation was given by Father Leo Desso, St. Mary's Catholic
Church, followed by the
Pledge of Allegiance.
There were present:
Lorne white, Presiding
ROLL CALL
Alan Austerinan
Ann Barker
Tom Merriman Jack McFarland
Wayne Stevens John Parker
comprising a quorum of the assembly; and
Jerome Selby, Borough Mayor
Gaye Vaughan, Borough Clerk
APPROVAL Op AGBRDA
-
STEVENS,
APPROVAL OF AGENDA
seconded by MCFARLAND moved to approve agenda as
submitted.
MOTION CARRIED
Unanimous Voice Vote
CONSENT AGERDA
The items on the
APPROVAL OF CONSENT
consent agenda were read aloud by theBorough
Clerk.
AGENDA
MCFARLAND,
seconded by STEVENS moved to approve consent
agenda.
MOTION CARRIED
UrtdnlmOn9 Voice Vote
APPROVAL O! KUIMM
A. K.I.B. Assembly Regular
APPROVAL OF MINUTES
Meeting of December 1, 1988.
This item was previously approved under the "Consent Agenda."
CISIE=B' colnown
Scott Arndt enlightened the
CITIZENS' COMMENTS
assembly about a discussion on
conflict of interest which had been held
during a Planning and
Zoning work session. After reading aloud from
the K.I.B. code,
he asked the assembly to state the procedure to be followed by
boards and commissions
regarding conflict of interest. He did
not think it
was right that a member of a board or commission
could not represent another
person or even themselves in front of
that body. He said another issue
raised was the interpretation
of what consti.tutrtd a direct
or indirect financial interest. He
stated the code was being taken literally,
and he wished to have
the intent of the code clarified by the
assembly.
At the request of the presiding officer, Mayor Selby explained
the borough attorney's
opinion was that a conflict of interest
existed if.the individual derived
a direct personal financial
benefit.
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December 15, 1988
Page 178
Kodiak Island Borough
Regular Assembly Meeting
The Borough Clerk pointed out that the section of the borough
CITIZENS' COMMENTS
code that Mr. Arndt read was consistent with Alaska State
(continued)
Statutes. She explained that the chairman of the board or
commission rules as to who has a conflict of interest, but the
rest of the board or commission could override the chairman's
decision.
During the discussion which followed, the decision was made to
discuss the subject at a work session and to issue a directive on
the interpretation of the policy to all boards and commissions.
CONKITTEE REPORTS
COMMITTEE REPORTS
After attending an Architectural Review Board meeting, Assemblyman
Parker stated he was impressed with the level of expertise
demonstrated by the individuals serving on the board. He felt
this group of experts would save the borough millions of dollars
over the course of time.
Assemblyman McFarland reported on the Consolidation Committee and
said the first draft of their findings would be available in
January. The committee hoped to hold a public hearing for the
people on the road system and a teleconference for the input from
the villages, he added.
A. Appointments of Assembly Representatives to K.I.B. Committees.
APPOINTMENTS OF
ASSEMBLY REPRESENTA-
STEVENS, moved to appoint the
TIVES TO K.I.B.
seconded by MERRIMAN following Assembly
COMMITTEES
Representatives to K.I.B.
Committees:
Architectural Review Board - John Parker
Hospital Advisory Board - Lonnie White
Mental Health Board - Wayne Stevens
Parks and Recreation - Tom Merriman
Kodiak College - Ann Barker
School Budget Review Board - Alan Austerman
DP Steering Committee - Jack McFarland/Ann Barker
Kodiak Transportation System (KTS) - Tom Merriman
Consolidation Committee - Jack McFarland
VOTE ON MOTION
MOTION CARRIED Unanimous Voice Vote
PUBLIC RERRING PUBLIC HEARING
A. Resolution No. 88-79-R Establishing Solid Waste Collection RESOLUTION
And Disposal Rates. NO. 88-79-R
AUSTERMAN, moved to adopt Resolution
seconded by STEVENS No. 88-79-R.
The presiding officer called for public testimony.
Scott Arndt questioned how the fees in this resolution compared
to the fees charged at present. He also asked if the solid waste
contractor was having to absorb the difference between the amount
he received for picking up the garbage and the higher tip fees.
Mayor Selby responded to Mr. Arndt's questions.
The presiding officer closed the public testimony and reconvened
the assembly.
BARKER, moved to amend Resolution
seconded by AUSTERMAN No. 88-79-R by substitution.
Assemblyman Parker inquired about the fees charged for a home
business and the amount of waste generated by these businesses.
December 15, 1988 KIBS103775 page 179
Kodiak Island Borough
Regular Assembly Meeting
A question and answer session took place between the assembly and PUBLIC HEARI:7"
the mayor.
RESOLUTION
Assemblyman Austerman explained that he has been against the No. 88-79-R
borough taking over the baler facility. He said the solid waste (continued)
disposal operation was supposed to be on a "break even" basis and
thought the assembly should look at the actual cost of operating
the facility.
VOTE ON MOTION TO AMEND
Ayes: Barker, McFarland, Merriman,
Parker, Stevens, White
Noes: Austerman
MOTION CARRIED 6 Ayes, 1 Noes
VOTE ON MOTION AS AMENDED
Ayes: Barker, McFarland, Merriman,
Parker, Stevens, White
Noes: Austerman
MOTION CARRIED 6 Ayes, 1 Noes
MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM
MAYOR
Mayor Selby wished everyone in the Kodiak Island Borough a "Merry
Christmas" and a "Happy New Year."
OLD BUSIIBSS OLD BUSINESS
None
NEW BOSIXESS
NEW BUSINESS
A. BID AWARDS
BID AWARDS
1. Award of Road Maintenance Contract for Women's Bay
WOMEN'S BAY SERVICE
Service Area to Brechan Enterprises, Inc.
AREA ROAD MAINTE-
NANCE CONTRACT AWAR
This item was previously approved in first reading under the
"Consent Agenda."
2. Award of Road Maintenance Contract for Service District
SERVICE DISTRICT
No. 1 to Island Sand And Gravel, Inc.
NO. 1 ROAD MAINTE-
NANCE CONTRACT AWAR
This item was previously approved in first reading under the
"Consent Agenda."
3. Award of Municipal Facilities Snow Removal and Sanding
MUNICIPAL FACILITI1
Contract to Island Sand And "ravel, Inc.
SNOW REMOVAL AND
SANDING CONTRACT
This item was previously approved in first reading under the
AWARD
"Consent Agenda."
B. RESOLUTIONS
RESOLUTIONS
• 1. Resolution No. 88-78-R SSipporting The Appointment Of A
RESOLUTION
Kodiak Fisherman To The Federal Commercial Fishing
NO. 88-78-R
Industry Vessel Advisory Conmittee.
AUSTERMAN, moved to adopt Resolution
seconded by MCFARLAND No. 88-78-R.
Assemblyman McFarland urged interested persons to inquire about
serving on this advisory committee •hick would establish new
safety regulations. He said he would like to see a Kodiak
representative serving on this committee since Kodiak was so
KIBS103776 actively involved in the the fishing industry.
December 15, 1988
Page 180
Kodiak Island Borough
Regular Assembly Meeting
VOTE ON MOTION NEW BUSINESS
MOTION CARRIED Unanimous Voice Vote RESOL:7TICN
NO. 88-78-R
3. Resolution No. 88-80-R Establishing Procedures For An
Appeal By Felton Construction. RESOLUTION
N0. 88-80-R
This item was previously approved under the "Consent Agenda."
4. Rescind and Amend Resolution No. 88-70-R Confirming The RESCIND RESOLUTION
1988 Borough Population For State Revenue And Municipal NO. 88-70-R
Assistance Fund Payments.
BARKER, moved to rescind Resolution
seconded by STEVENS No. 88-70-R.
VOTE ON MOTION TO RESCIND
MOTION CARRIED Unanimous Voice Vote
MCFARLAND, moved to amend by
seconded by STEVENS substitution.
At Assemblyman Stevens request, Mayor Selby explained that the
Department of Regional and Community Affairs decided to change
the methodology for determining the Kodiak Island Borough's
population. He said the staff conducted a sample survey on
various types of housing units and after reworking the figures,
came up with an additional 1,200 people over the previous
estimate.
Assemblyman Merriman noted that the new 1988 population estimate
was 15,575 individuals.
VOTE ON MOTION TO AMEND
MOTION CARRIED Unanimous Voice Vote
VOTE ON MOTION TO ADOPT AS AMENDED
MOTION CARRIED Unanimous Voice Vote
C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR
INTRODUCTION
1. Ordinance No. 89-01-0 Amending The Personnel Rules And
Regdlations by Revising The Salary Schedule. ORDINANCE
NO. 89-01-0
AUSTENMAN, moved to adopt Ordinance
seconded by MERRIMAN No. 89-01-0 at first
reading.
In response to Assemblyman Stevens' request, the mayor justified
the need for a salary adjustment for K.I.B. employees by pointing
out that other local government employees have just negotiated
increases in salary over the next three years. He said K.I.B.
employees had not received an increase in salary in four years,
and present borough salaries were below the average in the state
for similar positions. He added that applicants were turning
down positions with the borough because of the low salaries being
offered.
Assemblyman Austerman recognized the difficulty the borough was
having in hiring qualified people to fill positions. He suggested
the borough might take a look at the requirements in the job
descriptions for the various positions. He said he understood
the assembly would receive another part to this pay increase and
thought the assembly should wait until the entire compensation
study was presented. He also thought it would have been nice to
discuss the ordinance with the Personnel Board before it came
before the assembly as he did not know how the increase would be
budgeted.
KIBS103777
December 15, 1988 Page 181
Kodiak Island Borough
Regular Assembly Meeting
Assemblyman McFarland concurred with Assemblyman Austerman's
comments and thought this salary increase should be discussed
when the FY90 budget was up for review.
A discussion followed between assemblymembers with several mem-
bers voicing objection to the WHEREAS stating that other local
government employees have just negotiated 28 to 38 increases for
each of the next three years.
STEVENS,
seconded by AUSTERMAN
VOTE ON MOTION TO AMEND
moved to amend Ordinance
No. 89-01-0 by deleting the
fourth whereas.
The presiding officer called for a voice vote.
MOTION CARRIED
VOTE ON MOTION AS AMENDED
Ayes:
6 Ayes with Assemblyman
McFarland voicing a "No"
vote.
Parker, Stevens, Barker,
White
Noes: McFarland, Merriman,
AUsterman
MOTION CARRIED 4 Ayes, 3 Noes
The presiding officer called for a five minute recess.
The presiding officer reconvened the assembly.
D. OTHER ITEMS
1. Kodiak Island Borough Assembly Meeting Dates for 1989.
This item wax previously approved in first reading under the
"Consent Agenda. -
2. Authorization to Issue RFP for Red King Crab Study.
STEVENS,moved to authorize RFP for
seconded by ,MCFARLAND Red King Crab Study.
Presiding officer White explained that the Kodiak Island Borough
was concerned about the decline in the king crab populations in
the waters surrounding Kodiak Island. He proceeded to explain
the recommendations of the Red King Crab Rehabilitation Council
for studying the problem.
VOTE ON MOTION
MOTION CARRIED Unanimous Voice Vote
3. Authorization for Records Management Consultant
Services.
STEVENS, moved to approve contract
seconded by HERRIMA4 with Joyce Snider for
records management
consultant services in an
amount NTE $7,500.
Borough Clerk Vaughan explain the services to be provided by
Joyce Snider to handle the records management for the Kodiak
Island Borough.
VOTE ON MOTION
NEW BUSINESS
ORDINANCE
NO. 89-01-0
(continued)
OTHER ITEMS
K.I.B. ASSEMBLY
MEETING DATES
AUTHORIZATION TO
ISSUE RFP FOR RED
KING CRAB STUDY
AUTHORIZATION
FOR RECORDS MANAGE-
MENT CONSULTANT
SERVICES
KIBS103778
MOTION CARRIED Unanimous Voice Vote
December I5, 1988 Page 182
Kodiak Island Borough
Regular Assembly Meeting
4. Approval Of Contract for Collection and Disposal of NEW BUSINESS
Municipal Garbage.
BARKER, COLLECTION AND
moved to approve extension DISPOSAL OF
seconded by AUSTERMAN of present contract with MUNICIPAL GARBAGE
Kodiak Sanitation for
collection and disposal of
solid waste for one month.
Assemblymember Barker explained that she did not feel comfortable
approving the five year contract at this time and asked the mayor
for clarification.
Mayor Selby explained that he had discussed the contract with the
borough attorney, and this version of the contract was the one
which the owner of Kodiak Sanitation had verbally agreed to
before he left Kodiak. He explained the two contract clauses
which were suggested by the attorneys and noted the fee structure
in the contract had been changed to match the resolution adopted
earlier.
Assemblyman Austerman also stated that he felt uncomfortable
about voting on the contract before it was completed. He added
this contract was not only for collecting solid waste from the
corporate limits of the city of Kodiak, but it also authorized
the Kodiak Island Borough to purchase Mr. Bulen's APUC permit.
He stated again that he was opposed to the borough being in the
garbage business.
VOTE ON MOTION
Ayes:
Merriman, Parker, Stevens,
Austerman, Barker,
McFarland, White
Noes:
None
MOTION CARRIED
Unanimous
MCFARLAND,
moved to approve five year
seconded by STEVENS
contract with Kodiak
Sanitation, Inc.
In response to Assemblyman Stevens'
question, Mayor Selby said
Mr. Bulen was expected to return to
Kodiak on Sunday, and if the
contract was acceptable as presented, it could be signed next
week thereby eliminating the need for
an extension of the present
contract.
VOTE ON MOTION
Ayes:
Stevens, Barker, McFarland,
Merriman, White
Noes:
Parker, Austerman
MOTION CARRIED
5 Ayes, 2 Noes
5. Approval to purchase East
Elementary Playground Equip-
APPROVAL TO PURCHASE
ment.
EAST ELEMENTARY PLAY -
PARKER,
GROUND EQUIPMENT
moved to approve purchase of
seconded by MERRIMAN
equipment for East
Elementary Playground in an
amount NTE $6,000.
Assemblyman Austerman explained the
East Elementary PTA had an
proposal from a playground equipment company whereby they could
save up to $2,000 on freight if the
playground equipment was
ordered before the end of the year.
The total cost of the
KIBS 103779
equipment would be $6,000, and the PTA has pledged $4,000 with
the possibility of several service clubs donating the balance.
December 15, 1988
Page 183
Kodiak Island Borough
Regular Assembly Meeting
Mayor Selby noted that Playground equipment was not funded in the NEW BUSINESS
original bond issue. He said the PTA had raised $4,000 by their
own efforts, and they had contacted various service clubs seeking APPROVAL TO PURCHAS
donations. He said the borough was acting more as an expeditor
than a Purchaser. EAST ELEMENTARY PLA
VOTE ON MOTION GROUND EQUIPMENT
Ayes:
Stevens, Austerman, Barker,
McFarland, Merriman, Parker,
White
Noes:
None
MOTION CARRIED
Unanimous
6. Approval of Kodiak Island Borough Hospital FY89 Budget. APPROVAL OF K.I.B.
BARKER, HOSPITAL FY89 BUDGET
seconded by MCFARLAND moved to approve FY89 Kodiak
Island Hospital Budget.
Assemblymember Barker said the Kodiak Hospital Advisory Board had
reviewed the budget and approved it.
Don Wee, Kodiak Island Hospital Administrator, responded to
questions from the assembly.
VOTE ON MOTION
Ayes:
Austerman, Barker,
McFarland, Merriman, Parker,
Stevens, white
Noes:
None
MOTION CARRIED
Unanimous
nWORIUMOU"lR21OUALS(No action required)
A• INFORMATIONAL
MINUTES OF
OTHER MEETINGS MATERIALS
1. K.I.B. Personnel Advisory Board Special Meetings of MINUTES OF OTHER
November 2, 1988 and November 30, 1988. MEETINGS
2. K•1.8. School District Regular Meeting of
November 28, 1988.
3. Womens Bay Comprehensive Planning Committee (CPC)
Meeting of October 25, 1988 and November 22, 1988.
B. REPORTS
REPORTS
1. K.I.B. School District Financial Report for
October 1988.
2• K.I.B. Financial Report for November, 1988.
C. OTHER
None OTHER
CITIZ - cOmmorm
• CITI2EN5' COMMENTS
J.T. Grogan Plead with the assembly to refrain from shuffling
Papers, hitting the microphone, etc, because the noise made it
difficult to hear the person who was speaking.
KIBS103780
December 15, 1988
Page 184
Kodiak Island Borough
Regular Assembly Meeting
ASSEMBLYI®'S CCMNE39TS ASSEMBLYMEN'S
COMMENTS
Presiding Officer White announced there would be no assembly work
session next week. He said the next work session would be on
December 29 at 7:30 p.m. when the assembly and the city council
would meet with Representative Davidson and Senator Zharoff. The
next regular assembly meeting will be held on January 5, 1989 at
7:30 p.m. He wished everyone a "Merry Christmas" and a "Happy
New Year." He proceeded to explain the reason he voted "Yes" on
the pay increase for K.I.H. employees was to place the ordinance
before the public at a public hearing. He stated he was on the
fence regarding the issue.
Assemblymember Barker wished everyone a "Merry Christmas" and a
"Happy New Year."
Assemblyman McFarland reiterated Assemblymember Barker's senti-
ments.
Assemblyman Stevens added his wishes for a "Merry Christmas."
Assemblyman Austerman hoped everyone would have a happy and safe
holiday.
Assemblyman Merriman wished everyone a "Happy Holiday."
ADJOUIM OWr ADJOURNMENT
There being no further business to come before the assembly,
the meeting adjourned at 9:18 p.m.
/I. W
Pr ng Officer
ATTEST:
V
Borough 91
KIBS103781
December 15, 1988 Page 185