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1990-04-05 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting April 5, 1990 A regular meeting of the Kodiak Island Borough Assembly was held April 5, 1990 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:32 p.m. The invocation was given by the Reverend Garry Oliver of the Community Baptist Church followed by the Pledge of Allegiance. There were present: Alan Austerman, Presiding Jack McFarland Tom Merriman Gary Stevens Bob Shuttlesworth Absent: Mary Monroe (Excused) Lorne White (Excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Duane Dvorak, Acting Community Development Director Gaye J. Vaughan, Borough Clerk APPROVAL OF AGENDA MCFARLAND, seconded by MERRIMAN MOTION CARRIED CONSENT AGENDA moved to approve agenda as submitted. Unanimous Voice Vote The items on the consent agenda were read aloud by the Borough Clerk. MCFARLAND, seconded by SHUTTLESWORTH, VOTE ON MOTION MOTION CARRIED Regular Assembly Meeting April 5. 1990 moved to adopt consent agenda. Unanimous Voice Vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA CONSENT AGENDA Volume XIII Page 82 APPROVAL OF MINUTES APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of March 6, 1990 B. K.I.B. Assembly Meeting of March 15, 1990. These items were previously approved under the "Consent Agenda." CITIZENS' COMMENTS CITIZENS' COMMENTS Presiding Officer Austerman presented John Parker, an assemblymember from October, 1988 to January, 1990, with a plaque in appreciation of his service and hard work on the assembly. A. Employee of the Month Acting Mayor Pat Carlson presented the Employee of EMPLOYEE OF THE the Month award to Don Lawhead, Supervisor of the MONTH Baler Facility. Don Lawhead thanked everyone who voted for him to be Employee of the Month. He stated there were some great recycling programs going on and invited anyone who was interested in recycling to join the recycling study group that meets on Tuesdays and Thursdays. He urged everyone to "THINK RECYCLE!" B. Agenda Items Not Scheduled For Public Hearing John Parker, resident on Sunset Drive, commended the assembly for their actions in providing ongoing information about the upcoming by -mail election to form a Charter Commission. He hoped the citizens of Kodiak would read the information about the Charter Commission so they would be aware of all the issues involved. Chris Provost, Audubon Society representative, thanked the assembly for adopting an "Earth Day" resolution. He noted this was the twentieth anniversary of Earth Day and commended the borough for their lead not just with the recycling program but in protecting the land in numerous ways. C. Items Other Than Those Appearing on the Agenda None Regular Assembly Meeting Volume XIII April 5, 1990 Page 83 COMMITTEE REPORTS COMMITTEE REPORTS Tom Hendel, P&Z representative, reviewed the three items on the agenda that dealt with land and said these items were supported by the P&Z Commission. Assemblyman Merriman, borough representative to the Parks and Recreation Committee, reported that their goals and objectives and budget were nearly completed and following their next meeting, would be ready to present to the assembly. PUBLIC HEARING PUBLIC HEARING A. Ordinance No. 90-12 Defining Assembly Procedures for Reconsideration and Rescission. Presented for consideration was Ordinance No. 90-12 which defined Assembly procedures for reconsideration and rescission of ordinances. STEVENS, moved to adopt seconded by MERRIMAN Ordinance No. 90-12. The presiding officer called for public testimony, there being none, the assembly was reconvened Assemblyman Stevens explained this was a house keeping ordinance that the assembly had been working on to clarify the procedures for reconsideration which would require two members to favor reconsideration before the matter could be reconsidered. He said it was a matter of complying with Robert's Rules of Order and using common sense. VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous voice vote MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Acting Mayor Carlson explained Mayor Selby was in Juneau and was expected to return to Kodiak on Friday. OLD BUSINESS OLD BUSINESS None NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS None Regular Assembly Meeting Volume XIII April 5, 1990 Page 84 B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 90-23 Authorizing the RESOLUTION Disposal of the Former Bureau of Indian NO. 90-23 Affairs School in Port Lions to the City of Port Lions. This item was previously approved under the "Consent Agenda." 2. Resolution No. 90-24 Authorizing the RESOLUTION Disposal of Borough Property for Fair NO. 90-24 Market Value by Easement. This item was previously approved under the "Consent Agenda." 3. Resolution No. 90-25 Supporting Continued RESOLUTION Funding for the Alaska Legal Services NO. 90-25 Corporation. This item was previously approved under the "Consent Agenda." 4. Resolution No. 90-26 Establishing A Zoning RESOLUTION Enforcement Policy. NO. 90-26 STEVENS, moved to adopt seconded by MCFARLAND, Resolution No. 90-26. Assemblyman Stevens explained this resolution put into writing the borough's general enforcement policy. The enforcement policy had been reviewed by the Planning and Zoning Commission and they recommend it be approved. Assemblyman McFarland said this policy would continue the borough's policy of only responding to violations on a complaint basis. VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous voice vote 5. Resolution No. 90-27 Supporting Senate Bill RESOLUTION 468 Relating to Duties of the Department of NO. 90-27 Military and Veteran's Affairs and the Department of Environmental Conservation in Relation to Oil, Hazardous Substances, and Radioactive Material. MERRIMAN, seconded by MCFARLAND, Regular Assembly Meeting April 5. 1990 moved to adopt Resolution No. 90-27. Volume XIII Page 85 VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous voice vote 6. Resolution No. 90-28 Declaring April 22, 1990, Earth Day. This item was previously approved under the "Consent Agenda." C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 90-15 Amending Title 16, Subdivision. This item was approved under the "Consent Agenda" and advanced to Public Hearing on May 3, 1990. RESOLUTION NO. 90-28 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 90-15 2. Ordinance No. 90-16 Accepting a Department ORDINANCE of Education Grant and Authorizing Staff to NO. 90-16 Effect Certain Line Item and/or Project Level Changes in the FY 1990 Budget. This item was approved under the "Consent Agenda" and advanced to Public Hearing on May 3, 1990. 3. Ordinance No. 90-17 Prohibiting Smoking in ORDINANCE the Kodiak Island Borough Building. NO. 90-17 Presented in first reading was Ordinance No. 90-17 which would prohibit smoking in all areas of the K.I.B. building. MERRIMAN, moved to adopt seconded by MCFARLAND, Ordinance No. 90-17 in first reading and advance to public hearing on May 3, 1990. Assemblyman McFarland felt the assembly should either prohibit smoking in the borough building or not prohibit smoking but should not let other matters influence the decision. He alerted the public to the possibility of an amendment following the public hearing in May. Assemblyman Merriman concurred with Assemblyman McFarland's comments and thought an amendment would be in order. Assemblyman Stevens clarified the amendment would have to do with the date when the ordinance would take effect. Regular Assembly Meeting Volume %III April 5, 1990 Page 86 VOTE ON MOTION TO ADOPT IN FIRST READING MOTION CARRIED Unanimous voice vote 4. Ordinance No. 90-18 Providing Procedures for Declaring and Filling Vacancies on the Assembly. Presented in first reading was Ordinance No. 90-18 which provides procedures for filling vacancies on the assembly. MCFARLAND, moved to adopt seconded by SHUTTLESWORTH, Ordinance No. 90-18 in first reading and advance to public hearing on May 3, 1990. Assemblyman Stevens expressed concern about the assembly having to appoint a person to fill a vacant seat if thirty days remain in the term. STEVENS, seconded by MCFARLAND VOTE ON MOTION TO AMEND MOTION CARRIED moved to amend Ordinance No. 90-18, Section B to read: "If less than ninety days remain in a term, the vacant seat shall not be filled." Unanimous voice vote VOTE ON MOTION TO ADOPT AS AMENDED IN FIRST READING MOTION CARRIED D. OTHER ITEMS Unanimous voice vote 1. Kodiak Island Hospital CT Scan Installation Contract Award. MERRIMAN, moved to approve seconded by SHUTTLESWORTH the installation and contract award for K.I.H. Hospital CT Scan. At Assemblyman Stevens' request, Ray Camardella, Director Engineering/Facilities Department, explained the original intent was to house the CT scan in a modular structure so it would be a self-contained Regular Assembly Meeting April 5. 1990 ORDINANCE NO. 90-18 KODIAK ISLAND HOSPITAL CT SCAN INSTALLATION CONTRACT AWARD Volume XIII Page 87 unit. He said after talking with hospital personnel about where the unit would be utilized, it became apparent the modular structure would be inappropriate for the application. He stated the cost for adding an addition to the hospital would be equal to the cost of installing the modular unit. For this reason, he recommended the modular unit not be procured and suggested looking at building an addition to the hospital to house the CR scan. He highlighted the discussions held with the hospital staff and noted the hospital's storage problem might be addressed at the same time. He said the Architectural Review Board recommended providing a storage unit outside the hospital and installing the CT equipment inside an existing storage room. He explained the three different options that had been considered. Mr. Camardella responded to questions from assemblymembers about the different options. Mr. Salness, K.I.B. Hospital Administrator, explained the hospital had been continuously cited since 1986 for violation of fire codes, life safety codes, etc. throughout the building. He said the state deputy fire marshall had paid him a courtesy call in February and said he would return after July 1 and if he found violations, the hospital would be cited for the fifth time in a row. He explained that according to federal law if a hospital was cited five times in a row, they were required to start proceedings to revoke the hospital's medicaid/medicare licenses. The response regarding these violations, he said, had always been that the new hospital would take care of the problems. Mr. Salness stressed that five years of citations was as much as the federal government would allow. He said he would have to take the assembly's design recommendations back to the Hospital Advisory Board for approval and added that he was working against a time frame. He noted that if a separate storage building was built that it could be moved to the new hospital site and used for bulk storage. Mr. Salness responded to additional questions from assemblymembers. Additional discussion followed among assemblymembers. STEVENS, seconded by MCFARLAND moved to postpone to April 19, 1990 assembly meeting and request recommendation from K.I.B. Hospital Board. Regular Assembly Meeting Volume XIII April 5, 1990 Page 88 VOTE ON MOTION TO POSTPONE VOTE ON MOTION Ayes: Noes: MOTION CARRIED McFarland, Merriman, Shuttlesworth, Stevens, Austerman None Unanimous INFORMATIONAL MATERIALS (No action required) INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. K.I.B. School District Regular Meeting of February 26, 1990. 2. Architectural Review Board Meeting of July 31, 1989 3. K.I.H. Hospital Advisory Board Regular Meeting Minutes of February 14, 1990 and February 28, 1990. B. REPORTS REPORTS 1. K.I.S. School District Financial Report for February 1990. C. OTHER OTHER None CITIZENS' COMMENTS CITIZENS' COMMENTS Patricia Miley, borough employee, spoke to Ordinance No. 90-17 which would prohibit smoking in the K.I.B. building. She said there were 37 borough employees of which 13 employees smoked. She added that not all employees smoked in their office, and some preferred to smoke in the break room. She questioned what the assembly wanted employees to do when they were having a "fit" and needed to smoke. She noted that individuals on various borough commissions which meet in the borough building also smoke. She thought there were other solutions that might be considered and requested the assembly to look at the issue from both sides. Regular Assembly Meeting Volume XIII April 5, 1990 Page 89 Tom Hendel said he neglected to bring out one point about the zoning enforcement policy and that was the enforcement program was directed toward the elimination of a violation and not the punishment of the violator. He said it was the philosophy of the regulation that public awareness be used in enforcement of the policy. He requested the assembly to direct staff to publish the pertinent points of the policy. ASSEMBLYMEN'S COMMENTS ASSEMBLYMEN'S COMMENTS Assemblyman Merriman congratulated Don Lawhead on his Employee of the Month award and Tom Hendel for his recent election to the Kodiak Electric Association Board. Assemblyman Stevens responded to the city of Kodiak's half page advertisement about consolidation. He was concerned the city was playing with words and thought the facts should be faced. He felt maybe the problem was the involvement of an Anchorage advertising agency in writing advertisements for Kodiak. He said the city would not be dissolved as the advertisement indicated and explained the consolidation process. He stressed the public was not committing to consolidation in the May 1 election but committing to establishing a Charter Commission to write a charter. Assemblyman Austerman requested staff to look into new bulbs for the fixtures above the dias as he felt uncomfortably warm and said even the chairs were hot. He announced the assembly would be conducting town meetings at Womens Bay on Tuesday, April 10, at 7:30 p.m. and in the auditorium pod on Wednesday, April 1, at 7:30 p.m. regarding the formation of the Charter Commission. Also, he said the assembly would hold a work session on Thursday, April 12, at 7:30 p.m. and a joint work session with the city council on Tuesday, April 17, at 7:30 p.m. The next regular assembly meeting would be Thursday, April 19, at 7:30 p.m. There bcirg no further business to come before the assembly, the meeting adjourned at 8:37 p.m. A4- (, P iding Officer ATTEST: 4�z- Borougb-'Clerk Regular Assembly Meeting Volume XIII April 5, 1990 Page 90