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1992-02-06 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held February 6, 1992 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 Pastor Dennis Burke of the Kodiak Baptist Mission, followed by the Pledge of Allegiance. There were present: Jack McFarland, Presiding Betty Fitzjearl Gordon Gould Suzanne Hancock Mike Milligan Mary Monroe Gary Stevens (arrived at 7:37) comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Donna F. Smith, Borough Clerk APPROVAL OF AGENDA MONROE, seconded MONROE, seconded VOTE ON MOTION TO AMEND MOTION CARRIED by FITZJEARL by FITZJEARL KODIAK ISLAND BOROUGH Regular Assembly Meeting February 6, 1992 moved to approve agenda as submitted. moved to amend agenda adding "Group Home" under New Business. Unanimous voice vote (Assemblymember Stevens arrived at 7:37 p.m.) VOTE ON MOTION AS AMENDED Ayes: Fitzjearl, Gould, Hancock, Milligan, Mnnrna Cta,tana McFarland Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting February 6, 1992 KIBS104629 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA Volume XIV Page 36 APPROVAL OF MINUTES APPROVAL OF MINUTES A. K.I.B. Assembly Regular Meetings of November 7 and 21, 1991. GOULD, seconded by FITZJEARL VOTE ON MOTION MOTION CARRIED AWARDS AND PRESENTATIONS moved to approve minutes of November 7 and 21, 1991. Unanimous voice vote A. Employee of the Month EMPLOYEE OF THE MONTH Mayor Jerome Selby presented the Employee of the Month award to Tina Seelinger, assessing clerk in the Assessing Department. He informed the Assembly that the State Department of Developmental Disabilities was conducting a program audit covering professional treatment, scheduling and finances of the Mental Health Center. He estimated the auditors would review the program and conceptualize an ideal program which would be put in place with funds available. He emphasized there would be public meetings during the process. He announced the group home would remain open and state funding allowed for potentially hiring two additional staff members. He remembered that in July he advised the Assembly that grants from the state were $350,000 less than what the budget was built on and that although staff had trimmed expenses, the budget was out of balance by $40- 50,000. He welcomed suggestions on cutting costs. Assemblymember Monroe understood that a lay -off notice was received by a Mental Health Center staff member, to which Mayor Selby responded that the lay- off notice was rescinded. dt_jear and Mayor Selby A{e.'...e'cc'7 A55C1IIb 1y F14.G)c411 aalu Mayor ''�I the dispersal of monies paid by clients and the State. KIBS104 AWARDS AND PRESENTATIONS Regular Assembly Meeting Volume XIV February 6, 1992 Page 37 CITIZEN COMMENTS CITIZEN COMMENTS A. Agenda Items Not Scheduled For Public Hearing Carol Yakish, Kodiak Alliance for the Mentally I11 president and past staff member of Kodiak Island Mental Health Center, felt that State funds to clients covered expenses of the group home and was concerned that the threat of closing the group home was based on other than financial reasons. Ed Myers, Kodiak Island Hospital Administrator, updated the Assembly on activities at the hospital. He said the new general surgeon was scheduled to arrive at the end of the month. He reported that the anticipated financial position of the hospital at year -end was 50% better than 1989 and 1990. He announced that the finance director position was offered to a local individual and that recruitment for an orthopedic surgeon was underway. Mr. Myers concluded his report by stating that Lutheran Homes Society had signed a contract to manage a clinic in Dutch Harbor, and he anticipated staff traveling to the clinic to provide health care services. Francis Cater reproved Dr. Baglien for attempting to close the group home without informing the Mental Health Center Advisory Board. She felt that the Mental Health Center was understaffed and employees overworked and was concerned that a position was being eliminated. She felt it was extremely important that the Assembly grant the Mental Health Center Advisory Board decision - making responsibility as the Assembly was ultimately responsible. John Nuttal expressed the opinion that the attempt to close the group home was unprecedented. He felt the Assembly should either take control by meeting with Mental Health Center personnel and advocates or empower the Mental Health Center Advisory Board to manage the program. He alluded that some grant monies were not administered properly. Janet Theis announced that her nephew, a resident at RTP, was distressed and that she was to be contacted, which had -not been done. She expressed concern about qualifications of Mental Health Center employees. Kathy Granholm asserted that the group home was very important and that the Assembly should make a firm commitment to ensure that it remain open. She felt that Mental Health Center staff should be Regular Assembly Meeting February 6, 1992 KIBS104631 Volume XIV Page 38 investigated for misappropriation of funds and gross negligence. She directed attention to the fact that she was not informed when her brother, a resident of the group home, was admitted to the hospital. John Burt was of the opinion that the public was not being informed of the dilemma at the Mental Health Center. Terry Armwood, live -in residential skills trainer, expressed confusion about the status of her position in the group home. She felt the closure of the group home was not based on financial reasons but to eliminate her position. She contended that the Mental Health Center should be investigated for unfair labor practices, unfair treatment to clients, neglect and racial discrimination. She announced that she filed grievance papers with the Federal Wage and Hour Division and anticipated contacting the Equal Employment Opportunity Division. Peggy Dvorak, property manager for owner of house used for the group home, informed the Assembly that a decision to lease the house for another year should be made immediately as other tenants were interested in the rental. In response to questions raised, Ms. Dvorak read a notice from Kathleen Addison, Mental Health Center rehabilitation director, informing her of the decision to vacate the house and a subsequent notice informing her of the decision to not vacate the house. Richard Perkins pleaded with the Assembly to lease the home even though it was not the ideal site because it was better than nothing at all. Ramon Penamora, employee at the RTP, announced that he worked 60 to 72 hours per week without compensation for overtime. Katharine Martin, live -in residential skills trainer, questioned overtime hours worked without compensation. She was of the opinion that RTP needed to be properly and efficiently staffed. Alonzo Armwood questioned the hiring and firing practices at the Mental Health Center. He said that staff should not be baby sitting but teaching skills, as that was what they were paid to do. Regular Assembly Meeting February 6, 1992 KIBS104632 Volume XIV Page 39 Francis Cater reviewed points previously presented and apprised the Assembly of the fact that employees and clients of the Mental Health Center had contacted her with complaints. Ginnv Sargent telephoned and alleged that unqualified people were hired to supervise residents of the group home. Sam Thomas, client in the residential training program, expressed pleasure at his involvement with the group home. Jeanne Peschier spoke to her personal involvement with the Mental Health Center and admonished employees of the Center for violating her rights and changing her treatment without informing her. Dan Ogg spoke on behalf of William Magnusen regarding Contract 92 -01 Zoning Violation Clean -up. He explained that Mr. Magnusen had worked on clean -up of the property but winter weather caused slow progress. He contended that Mr. Magnusen was in an economically poor situation and hoped for a reprieve until October of 1992. Joseph Cooper, resident at RTP, felt he had not received services equitable to the money he paid for the program. Shirley Monte, Mental Health Center Advisory Board member, said the Board was not informed of the group home closure and understood that the Mental Health Center director was required to consult with the Board regarding any anticipated changes in client situations. Gary Ervin, McDonald's manager, noted that a member of his staff was emotionally distraught as a result of being dislodged from the group home. He urged the Assembly to accelerate closure on the issues because the needs of the clients were of the utmost importance. B. Items Other Than Those Appearing on the Agenda t h e A James TV -1-.1.1J11 I:VIILLNGll l.cu OA/ v v .. •• •�-- ••• - - 1 regarding written communication and appreciated assistance received in the Clerk's office. After a ten minute recess at 9:20 p.m., Presiding Officer McFarland reconvened the Assembly Regular Assembly Meeting February 6, 1992 KIBS104633 Vol::-e XIV Pa;e 40 COMMITTEE REPORTS Robin Heinrichs, Planning & Zoning Commissioner, reported meeting in work session to establish draft language on three new commercial districts and invited public comment at the March 4th meeting. Assemblymember Monroe thanked the Commission for being responsive to the requests of the Assembly. Assemblymember Gould expressed appreciation to Mr. Myers for the hospital report. Assemblymember Milligan attended a meeting of the Architectural Review Board where the Main Elementary School roof repair and Kodiak High School remodel were discussed. He attended meetings of the Cook Inlet Citizen's Regional Advisory Council and the Alaska Municipal League Conference. PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. A. Ordinance No. 92 -01 Repealing Chapter 8.08 ORDINANCE Mental Health Center Advisory Board of the NO. 92 -01 Borough Code and Re- enacting Chapter 8.08 Mental Health Center Advisory Board of the Borough Code. Presented for consideration was Ordinance No. 92 -01 which, if adopted, repealed and rewrote Kodiak Island Borough Code Section 8.08 regarding the duties of the Mental Health Center Advisory Board, making it consistent with other code sections for boards and commissions. Before the Assembly was the motion to adopt Ordinance No. 92 -01 as amended. Mayor Selby informed the Assembly that Ordinance No. 92 -01 brought the Borough Code in line with the Alaska Administrative Code regarding Mental Health Center Advisory Board duties. Presiding Officer McFarland opened the public hearing. Shirley Monte, Mental Health Center Advisory Board member, felt it was important that citizens receive mental health services if in need. She accused the Mental Health Center director of hiding behind a Regular Assembly Meeting February 6, 1992 KIBS104634 COMMITTEE REPORTS Volume XIV Page 41 shield of confidentiality when not informing the Board of changes at the Center. She asked the Assembly to allow the Board to be involved in administering grants of mental health clients. James Wilson contended that it was inappropriate for the Mental Health Center Policies and Procedures Manual to dictate control of the Mental Health Center Advisory Board. He felt the Board should hear matters of concern from the public regarding complaints and grievances. John Nuttall asserted that the Mental Health Center Advisory Board should have the responsibility of hiring and firing the Mental Health Center director. He was of the opinion that confidentiality was important but that program and policy decisions could not be made without knowledge of client's situations. Donna Sargent telephoned requesting a reading of the Mental Health Center Advisory Board powers. Presiding Officer McFarland informed her that the reading would take place later in the meeting. Francis Cater apprised the Assembly of the fact that the Kodiak Island Borough Mental Health Center was one of the few that dealt with developmentally disabled and chronically mentally ill persons in the same center. She contended that Mental Health Center staff should be more responsive to citizens' rights and concerns and the Board needed to be responsive to issues and concerns at the Center. Kathy Granholm felt the Board should make more decisions and be involved in the process of hiring and firing the director. John Burt asserted that checks and balances were essential in the operation of the Mental Health Center. Carol Yakish reviewed points previously presented. The Presiding Officer closed the public hearing and reconvened the Assembly. l l ASSBmD1y1IlCllIACL Milligan re0.LL ad from 1 vau Administrative Code Section 71.03. governing and advisory boards and was in line with the requirements Administrative Code. Regular Assembly Meeting February 6, 1992 Alaska 0 regarding felt the ordinance of the Alaska KIBS104635 Volume XIV Page 42 General discussion ensued regarding the intent of the Mental Health Center Advisory Board operating procedures. MILLIGAN, seconded by FITZJEARL Assemblymember Milligan felt the amendment clarified the duties of the Mental Health Center Advisory Board. After discussion, the Assembly felt additional time was necessary before voting on the motion to adopt Ordinance No. 92 -01. FITZJEARL, seconded by STEVENS Assemblymember Gould clarified the reason to postpone was to study the ordinance more closely with input from the Mental Health Center Advisory Board. He was of the opinion that discussion should also include removal of health powers from the Borough. Presiding Officer McFarland requested Mayor Selby to make denotations clarifying changes to Chapter 8.08. VOTE ON MOTION TO POSTPONE Ayes: Noes: None MOTION CARRIED KIBS104636 Regular Assembly Meeting February 6, 1992 moved to amend Chapter 8.08.030 under item H as follows: "The borough mayor or the assembly, with concurrence of the Mental Health Center Advisory Board, is responsible for hiring and firing the Center director." moved to postpone Ordinance No. 92 -01 to February 20th regular meeting. Gould, Hancock, Milligan, Monroe, Stevens, Fitzjearl, McFarland Unanimous Volume XIV Page 43 MESSAGES FROM MESSAGES FROM THE BOROUGH MAYOR MAYOR Mayor Selby received information from Price Waterhouse auditors regarding uncollected write -offs at the hospital and noted that the information was passed on to the Assembly. He said a resolution requested by the Kodiak State Parks Citizens Advisory Board supporting capital improvement projects would be presented to the Assembly at the next regular meeting. He received information on the new raw fish tax sharing program. He said most of the money came from floating processors operating outside borough and city boundaries and the program allowed benefit to fishing communities without canneries. He met with Governor Hickel and other legislative staff in Juneau and discussed oil revenues, replacement of the Tustumena, and hospital and harbor funding. Mayor Selby announced receipt of the Distinguished Presentation Budget Award from the Government Finance Officers Association and credited Karl Short, KIB finance director. He said the Exxon Valdez Kodiak Restoration Committee worked on back -up documents for expenditures on projects in the Kodiak region. He noted that although $30 million was available, some of the funds covered administrative expenses. OLD BUSINESS None. NEW BUSINESS A. AGENDA ADDITION GROUP HOME Mental Health Center Developmentally Disabled Group Home. MONROE , seconded by FITZJEARL open. ...r,.,e.a t., boon them nrnnn OLD BUSINESS NEW BUSINESS KIBS104637 Regular Assembly Meeting Volume XIV February 6, 1992 Page 44 Assemblymember Monroe stated this was a follow -up to the recommendations of the Mental Health Center Advisory Board that the group home on Mill Bay Road remain open. She felt it was important that the Assembly make a positive statement regarding mental health issues. Assemblymember Stevens questioned the need to expend Borough funds on the home, to which Mayor Selby responded that commitment for funding from the State was nebulous. Mayor Selby felt the home should be leased for one year. Presiding Officer McFarland questioned the flexibility of the home owner regarding a lease and asked the realtor to come forward. Peggy Dvorak, property manager for owner of house used for the group home, directed attention to the fact that the decision to renew the lease should be made at this meeting as other individuals were interested in renting the house. Assemblymember Milligan felt the Assembly's responsibility was to maintain the well -being and stability of the group home residents. Assemblymember Gould expressed irritation at the position the Assembly was placed in and questioned violation of the procurement process by not going out to bid for the lease. Presiding Officer McFarland felt the situation with the group home was embarrassing and wanted it corrected. STEVENS, seconded by FITZJEARL In response to Assemblymember Selby stated that the renewal was within normal procurement MILLIGAN, seconded by STEVENS VOTE ON MOTION TO EXTEND MOTION CARRIED Regular Assembly Meeting February 6, 1992 moved to amend the motion to add the words "and approve the renewal of a one -year lease at the present rate ". Gould's question, Mayor of the group home lease procedures. moved to extend the meeting. 6 Ayes, 1 No KIBS104638 Volure XIV Pa;e 45 VOTE ON MOTION TO AMEND Ayes: Noes: Hancock, Gould MOTION CARRIED 5 Ayes, 2 Noes VOTE ON MOTION AS AMENDED Ayes: Milligan, Monroe, Stevens, Fitzjearl, Hancock, McFarland Noes: Gould MOTION CARRIED 6 Ayes, 1 No A. BID AWARDS BID AWARDS 1. Contract. No. 92 -01 for Zoning Violation CONTRACT Clean -up. NO. 92 -01 STEVENS, seconded by MONROE Regular Assembly Meeting February 6, 1992 Milligan, Monroe, Stevens, Fitzjearl, McFarland moved to award A.K. Construction the contract for the removal of junk and debris, inoperative vehicles, drilling equipment, fishing gear and the frame structure from Lot 5, Block 7, Monashka Bay Subdivision, in the amount of $6,500. At Assemblymember Gould's request for a ruling from the chair because of his past position as Borough zoning enforcement officer, Presiding Officer McFarland ruled no conflict of interest. Mayor Selby explained this was an ongoing problem that needed enforcement as outlined in the Borough Code and recommended by the Planning & Zoning Commission. Assemblymember Fitzjearl apologized to the Community Development Department for comments she previously made. KIBS10463 Volume XIV Page 46 At questions by Assemblymember Fitzjearl, Mayor Selby responded that the Borough did not receive any financial gain from the removal of the gear. Linda Freed, Community Development Director, offered a summary of the events leading to the enforcement decision. At Assemblymember Fitzjearl's request, William Magnusen, owner of the property in question, stated that five truck loads of gear were removed from the property and arrangements made for possible controlled burning of the building. He felt, that given the opportunity, he could clear the property within eight months, and he had signed a Confession of Judgement that transferred property ownership to the Borough if the property was not cleared. Discussion ensued debating the appropriateness of postponing or rejecting the bid award. GOULD, seconded by FITZJEARL moved to postpone bid award to October 1, 1992 regular meeting. VOTE ON MOTION TO POSTPONE Ayes: Stevens, Gould Noes: Monroe, Fitzjearl, Hancock, Milligan, McFarland MOTION FAILED 2 Ayes, 5 Noes FITZJEARL, moved to extend seconded by STEVENS meeting to 12:30 p.m. VOTE ON MOTION TO EXTEND MOTION CARRIED 6 Ayes, 1 No VOTE ON MOTION TO AWARD Ayes: Hancock, Monroe, McFarland Ste '4*.4oarl Gould, Milligan MOTION FAILED 3 Ayes, 4 Noes Regular Assembly Meeting February 6, 1992 KIBS104640 Volume XIV Page 47 GOULD, seconded by MILLIGAN moved to reconsider at October 1, 1992 regular meeting. MOTION WITHDRAWN with concurrence of second. FITZJEARL, moved to reject all seconded by MILLIGAN bids submitted. VOTE ON MOTION Ayes: Noes: MOTION CARRIED VOTE ON MOTION Ayes: Regular Assembly Meeting February 6, 1992 Fitzjearl, Gould, Hancock, Milligan, Monroe, Stevens, McFarland None Unanimous FITZJEARL, moved to review seconded by MILLIGAN for compliance at October 1, 1992 regular meeting. Although Mayor Selby expressed concern that the late review date caused a late re -bid date and that contracted removal of the junk would occur during the winter when roads were icy, Assemblymember Fitzjearl chose to leave her motion as presented. Gould, Hancock, Milligan, Monroe, Stevens, Fitzjearl, McFarland MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 92 -03 Authorizing the RESOLUTION Acquisition of a Utility Easement Located NO. 92 -03 on Private Property by Eminent Domain (Portion of U.S. Survey 2843) (Baptist Mission Property). Presented for consideration was Resolution No. 92 -03 which, if adopted, acquired a utility easement for installation of new public water and sewer services. KIBS104641 Volume XIV Page 48 MILLIGAN, moved to adopt seconded by MONROE Resolution No. 92 -03. Mayor Selby announced that the Service District No. 1 Board was scheduled to meet with the Assembly at the next work session and recommended postponing the resolution to the February 20, 1992 regular meeting. STEVENS, seconded by MONROE VOTE ON MOTION Ayes: Noes: Hancock, Milligan, Monroe, Stevens, Fitzjearl, Gould, McFarland None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION moved to postpone Resolution No. 92 -03 to February 20, 1992 regular meeting. 1. Ordinance No. 91 -08G Amending Ordinance No. 91 -08 FY92 Budget (Accepting a Grant from the State of Alaska, Department of Environmental Conservation, for Waste Characterizing Study). Presented in first reading was Ordinance No. 91 -08G which, if adopted, amended Ordinance No. 91 -08 budget approving receipt of grant funds from the State of Alaska for a waste characterization study. MILLIGAN, seconded by FITZJEARL VOTE ON MOTION Ayes: Noes: Regular Assembly Meeting February 6, 1992 moved to advance Ordinance No. 91 -08G to public hearing on February 20, 1992. Milligan, Monroe, Stevens, Fitzjearl, Gould, Rdial. V...Jf, McFarland None MOTION CARRIED Unanimous KIBS104642 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 91 -08G Volume XIV Page 49 D. OTHER ITEMS OTHER ITEMS 1. Contract No. 89 -227 Extension (Price CONTRACT Waterhouse Audit Contract). NO. 89 -227 EXTENSION STEVENS, seconded by MONROE VOTE ON MOTION Ayes: A. MINUTES OF OTHER MEETINGS None Regular Assembly Meeting February 6, 1992 moved to extend Contract No. 89 -227 Price Waterhouse Audit Contract for a period of two years in an amount proposed in their letter of January 16, 1992. Mayor Selby announced that staff had experienced an excellent working relationship with Price Waterhouse for the past three years and that audits were completed on time and under budget. Monroe, Stevens, Fitzjearl, Gould, Hancock, Milligan, McFarland Noes: None MOTION CARRIED Unanimous INFORMATIONAL MATERIALS (No action required) INFORMATIONAL MATERIALS 1. Kodiak Island Borough School District regular meeting of December 9, 1991, and special meetings of January 6 and 20, 1992. 2. Planning and Zoning Commission regular meetings of November 20 and December 18, 1991. 3. Kodiak Island Hospital Advisory Board meeting of December 11, 1991. B. REPORTS REPORTS 1. , Kodiak Island Borough School District Financial Reports of November and December 1991. C. OTHER OTHER KIBS104643 Volurre XIV Pae 50 CITIZEN COMMENTS CITIZEN COMMF'" Carol Yakish reiterated previous comments and expressed confusion at the need for state funding to keep the group home open. Donna Sargent called and encouraged suspension of Mental Health Center administrators until investigation was complete. James Wilson apprised the Assembly of an injunction filed by attorneys for advocacy services on behalf of Mental Health Center clients. Kathy Granholm felt progress was made and hoped the investigation would be thorough. John Nuttal appreciated Assembly concern over the group home issue. Dick Perkins initiated debate with Mayor Selby regarding Mr. Perkins misunderstanding of Patrick Aloia's interpretation of Alaska Administrative Code guidelines. John Burt thanked those who advised the Assembly of problems at the Mental Health Center and anticipated there would be no adverse repercussions. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Milligan appreciated those involved in the Mental Health Center issue. He noted the mental health trust lands issue and thanked those citizens who were involved. Assemblymember Monroe suggested a redesign of Mental Health Center functions and thanked those who came forward with information. She expressed concern with the program deficiencies and employment grievances that were brought to the attention of the Assembly. Assemblymember Stevens reproached the Mental Health Center Advisory Board members at their inability to establish a quorum for the past two months. He appreciated the work of the Board and suggestions that the Board have more control. Assemblymember Fitzjearl encouraged the public to attend the next Assembly work session and explained that Ms. Baglien had assured that all jobs were secure and there would be no repercussions. Regular Assembly Meeting February 6, 1992 KIBS104644 Volume XIV Page 51 MONROE, seconded by FITZJEARL VOTE ON MOTION ATTEST: C onna F. Smith Borough Clerk Regular Assembly Meeting February 6, 1992 moved to extend meeting by five minutes. VOTE ON MOTION Voice Vote MOTION CARRIED 6 Ayes, 1 No Assemblymember Gould felt that serious allegations were made about negligence, misappropriation of funds and lack of public information and felt the Borough was at serious risk. Presiding Officer McFarland asked to be excused from meetings of February 14th and 28th because he would be on vacation. The Presiding Officer announced the Assembly would meet in work session on February 13th at 7:30 p.m. and a joint Borough /City work session on February 18th at 7:30 p.m. in the Borough conference room and regular meeting on February 20th at 7:30 p.m. in the Assembly Chambers. At Clerk Smith's request, the executive session for the clerk's evaluation was postponed to the February 20th regular meeting. STEVENS, moved to adjourned. seconded by MONROE MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 12:40 p.m. KIBS104645 Volume XIV Page 52