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1992-02-20 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held February 20, 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 Bob Wick of the Kodiak Bible Chapel, followed by the Pledge of Allegiance. There were present: ROLL CALL Gary Stevens, Presiding Betty Fitzjearl Gordon Gould Suzanne Hancock Mike Milligan Mary Monroe absent: Jack McFarland KODIAK ISLAND BOROUGH Regular Assembly Meeting February 20, 1992 comprising a quorum of the Assembly; and Linda Freed, Acting Borough Mayor Donna F. Smith, Borough Clerk MILLIGAN, seconded by MONROE nr.mr nn ,.;,mwern VVIL' W11 MWASWIY Regular Assembly Meeting February 20, 1992 Out of town 6 moved to excuse Assemblymember McFarland. Assemblymember McFarland was vacationing out of town and asked to be excused. VOTE ON MOTION MOTION CARRIED Unanimous voice vote APPROVAL OF AGENDA HANCOCK, moved to approve agenda seconded by MONROE as submitted. MOTION CARRIED Unanimous voice vote A. K.I.B. Assembly Meeting of December 5 and 19, 1991. KIBS104646 REGULAR MEETING APPROVAL OF AGENDA APPROVAL OF APPROVAL OF MINUTES MINUTES Volume XVI Page 53 MONROE, seconded by FITZJEARL Proclamation moved to approve the minutes of December 5 and 19, 1991. Assemblymember Milligan pointed out that Mr. Garzini's first name was Ron, not Ed, as shown on page 346 of the December 19th minutes. The minutes were corrected. VOTE ON MOTION Unanimous voice vote AWARDS AND PRESENTATIONS A. Student of the Month Mayor Jerome Selby presented the Student of the Month award to Jean Anderson, a senior at Ouzinkie School. B. Tish Raub, Executive Director of the Women's Resource Center accepted a proclamation declaring March 1992 Women's History Month. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing James Wilson spoke to Ordinance No. 92 -01 and encouraged adding an amendment empowering the Mental Health Center Advisory Board to hear grievances from the community regarding the operation of the Mental Health Center. He referred to a letter he received from attorney Audrey Brown, of Advocacy Services of Alaska. Ms. Brown felt the ordinance would authorize the Board to hear grievances and the proper place to establish the procedure to handle such matters would be in the Board's bylaws or operation manual. He reminded the Assembly of past lawsuits caused by actions of administration. B. Items Other Than Those Appearing on the Agenda Cris Kinter spoke about education. He related an incident at the high school where he witnessed a song played in the corridor with high school students, students, thr t t l YT* • grade school aa•uucll �.�, and teachers pCCC � ...�. - He played the recording for �the c Assembly and apologized in advance if it offended anyone as the recording contained many "four- letter words" that he felt were very offensive. He understood that students used offensive language when speaking to teachers. He continued by saying gangs were tolerated, and knife and gun incidents at the high Regular Assembly Meeting February 20, 1992 KIBS 104647 AWARDS AND PRESENTATIONS STUDENT OF THE MONTH PROCLAMATION CITIZENS' COMMENTS Volume XVI Page 54 school were reported. He felt problems in the schools would not be solved in Washington, D.C. or Juneau but needed to be controlled at home. He asked for an ordinance that would provide real and personal property tax credits for people who send their children to other than public schools. COMMITTEE REPORTS Robin Heinrichs, Planning & Zoning Commission representative, invited the Assembly to attend a meeting on March 4th where the second draft of the new business district zoning would be discussed. He reported that at the previous evening's regular Commission meeting the sign ordinance was reviewed and an ordinance was drafted deleting the grading limitations outlined in Title 17 and utilizing the Uniform Building Code (UBC) to regulate grading in the Borough. Assemblymember Monroe announced that the Mental Health Center Advisory Board had established three new committees; program, finance and housing. 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. 91 -08G Amending Ordinance ORDINANCE No. 91 -08 FY92 Budget (Accepting a Grant from NO. 91 -08G the State of Alaska, Department of Environmental Conservation, for Waste Characterization Study). Presented for consideration was Ordinance No. 91 -08G which, if adopted, amended the FY92 budget to provide for approval and receipt of grant funds from the State of Alaska for a waste characterization study. GOULD, moved to adopt seconded by MONROE Ordinance No. 91 -08G. Acting Mayor Freed said the grant had been accepted but the funds needed to be appropriated to satisfy code requirements and the auditors. Ray Camardella, Engineering /Facilities Director, responded to questions by explaining that the grant was for a waste characterization study that defined components in the waste stream to help refine the recycle program and also look at alternatives to waste disposal. He added that this was an in -kind grant whereby the Borough provided staff time. Regular Assembly Meeting February 20, 1992 COMMITTEE REPORTS KIBS104648 Volume XVI Page 55 The Deputy Presiding Officer called for public testimony. Cris Kinter thought that the waste stream was studied enough and suggested giving the grant back to the state and request hiring another teacher. The Deputy Presiding Officer closed the public hearing and reconvened the regular meeting. VOTE ON MOTION TO ADOPT Ayes: Gould, Hancock, Milligan, Monroe, Stevens Noes: Fitzjearl Absent: McFarland MOTION CARRIED 5 Ayes, 1 No MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Acting Mayor Freed received a letter from Senator Fred Zharoff requesting Assembly support of Senate Joint Resolution 48 changing the three letter code identifier for the Kodiak State Airport. Ms. Freed informed the Assembly that the Federal Government, through the Minerals Management Service, had released their notice of intent to prepare an environmental impact statement for the Cook Inlet Lease Sale 149, a proposed oil and gas lease sale. She added the deadline for public response was March 25th and paper work was available in the Community Development Department. The Deputy Presiding Officer recessed the Assembly at 8:00 p.m. for ten minutes to read information received on an upcoming agenda item. The Deputy Presiding Officer reconvened the regular meeting. OLD BUSINESS OLD BUSINESS 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. Regular Assembly Meeting February 20, 1992 KIBS104649 Volume XVI Paye 56 Presented for consideration was Ordinance No. 92 -01 which, if adopted, sets the powers and duties of the Mental Health Center Advisory Board into one code section and incorporates the State of Alaska Administrative Code for mental health centers. Before the Assembly was the motion to adopt Ordinance No. 92 -01. It was pointed out that the ordinance was amended at first reading. GOULD, seconded by FITZJEARL Assemblymember Gould explained that he had not realized the word 'advocate' had a specific meaning in the mental health industry and did not want to give the idea that the ordinance was creating something that would replace attorneys or courts. James Wilson was asked to comment on the amendment, and he said he was satisfied that the amendment addressed concerns. VOTE ON MOTION TO AMEND Ayes: 1f__c Nues; ♦.c Absent: McFarland MOTION CARRIED Unanimous Regular Assembly Meeting February 20, 1992 moved to amend Ordinance No. 92 -01 by adding to 8.08.030 (F) the following words: "Perform such duties and services as may be required from time to time by the assembly, including hearing complaints in accordance with all applicable laws; and" and adding to 8.08.030 (H) the sentence "Either the mayor, assembly, or advisory board may initiate removal of the director." Gould, Hancock, Milligan, Monroe, Fitzjearl, Stevens KIBS104650 Volume XVI Page 57 VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Hancock, Milligan, Monroe, Fitzjearl, Gould, Stevens Noes: None Absent: McFarland MOTION CARRIED Unanimous The Mental Health Center Advisory Board was charged with their first order of business to develop rules of procedure under Kodiak Island Borough Code 2.39.150. The Clerk was requested to forward copies of Alaska Administrative Code 71 to the Board members. B. Resolution No. 92 -03 Authorizing the Acquisition RESOLUTION of a Utility Easement Located on Private NO. 92 -03 Property by Eminent Domain (Portion of U.S. Survey 2834) (Baptist Mission Property). Presented for consideration was Resolution No. 92 -03 which acquired Baptist Mission property by eminent domain to upgrade existing utility lines and comply with state regulations that require a ten -foot horizontal separation when installing new public water and sewer services. Before the Assembly was the motion to adopt Resolution No. 92 -03. During Assembly discussion, Assemblymembers Fitzjearl and Hancock did not favor eminent domain, but in this case, because the cost of an alternate route was prohibitive, they supported adoption of the resolution. Ray Camardella, Engineering /Facilities Department Director, responded to the Assembly by confirming that a judge would rule on the eminent domain because the property cannot be taken without going to court. Acting Mayor Freed pointed out that the easement was for utilities only. Mr. Camardella continued by saying that the alternate route would cost the service district a minimum of $40,000 and because of the uncertainty of the road bed there could be additional costs. He added that the property owners would have to do a tremendous Regular Assembly Meeting February 20, 1992 KIBS104651 Volume XVI Page 58 amount of re- piping of their existing plumbing systems that would add $40- 50,000 to their expense. VOTE ON MOTION Ayes: Milligan, Monroe, Fitzjearl, Gould, Hancock, Stevens Noes: None Absent: McFarland MOTION CARRIED Unanimous NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Contract No. 92 -02 Purchase and CONTRACT Installation of Enclosed Cab on D -7 Dozer NO. 92 -02 Located at the Kodiak Island Borough Landfill. The contract was for the purchase of a fully enclosed operator's cab for the D -7 dozer used for general earthmoving and snow removal at the landfill. MONROE, seconded by GOULD Ray Camardella, Engineering /Facilities Department Director, responded to a request for a staff report stating that OSHA and the State passed the Worker Right To Know Law that protected workers subject to occupational hazards. He said the operator worked on the dozer a minimum of four to six hours per day and that the enclosed cab helped eliminate exposure to a Cold Stress Agent Hazard as defined in AS 18.60.67. VOTE ON MOTION Ayes: Noes: None Regular Assembly Meeting February 20, 1992 moved to award Contract No. 92 -02 purchase and installation of enclosed cab on D -7 dozer located at the Kodiak Island Borough Landfill to Yukon Equipment in an amount not to exceed $8,010. Monroe, Fitzjearl, Gould, Hancock, Milligan, Stevens KIBS104652 Volume XVI Page 59 Absent: McFarland MOTION CARRIED Unanimous B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS 1. Member Attendance at Architectural Review ARCHITECTURAL Board Meetings. REVIEW BOARD It was noted that Architectural Review Board member, Louise Ball Cusson, missed five consecutive meetings. According to KIBC 2.39.0870, vacancies are created when a member fails to attend four consecutive regularly scheduled meetings. GOULD, seconded by MONROE VOTE ON MOTION Ayes: Noes: moved to declare the Architectural Review Board seat of Louise Ball Cusson vacant and advertise for applicants per Borough Code. Assemblymembers Fitzjearl and Hancock spoke with Ms. Ball who indicated she was unaware that her messages of inability to attend meetings had not been relayed to the Board and was under the impression she had been excused from the meetings. Gould, Monroe Absent: McFarland Fitzjearl, Hancock, Milligan, Stevens MOTION /AILED 2 Ayes, 4 Noes INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Monashka Bay Road Service District Meeting of January 2, 1992. Regular Assembly Meeting February 20, 1992 KIBS104653 RESOLUTIONS ORDINANCES FOR INTRODUCTION OTHER ITEMS Volume XVI Page 60 2. Architectural Review Board Meeting of December 4, 1991. B. REPORTS 1. KIB January 1992 Financial Report C. OTHER None. CITIZEN COMMENTS John Burt questioned cost of acquiring property by eminent domain and Linda Freed, Community Development Director, explained the cost was much less than the alternate route. Carol Yakish stressed that a client's family, guardian and advocate should work together. She indicated that as an advocate, her main interest was seeing that someone was there to help people through the process and make sure their needs and strengths were addressed. Francis Cater reiterated the comments of Ms. Yakish and expressed concern that many guardians of Kodiak residents resided off Island. REPORTS OTHER CITIZEN COMMENTS Assemblymembers Hancock and Monroe asked questions of Ms. Cater and she responded that public guardians are state employees and felt Kodiak should have guardians residing on the island. James Wilson requested that the letters submitted during public hearing on Ordinance No. 92 -01 be read. John Nuttal thanked the Assembly for their time and energy on Ordinance No. 92 -01. He answered questions on guardianship law and stated that the law allowed guardianship only as needed to protect the client; therefore, no more rights were granted than required. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblympmber Milligan requested a letter of used mental n d o t e .i Fh aphorisms ll.7. CU 111 mental aaCGl health aatu aav a.c Lu importance of good communication. Assemblymember Hancock spoke to Mr. Kinter's earlier comments, as she agreed with him regarding use of funds for a waste characterization study, and appreciated comments from the public in general. Regular Assembly Meeting February 20, 1992 KIBS104654 Volume XVI Pa ie 61 Assemblymember Monroe read an article published in the Anchorage Times dated February 20, 1992 regarding the request by Mayor Selby for a formal audit of the Kodiak Island Mental Health Center. She read letters from Gilbert Wilson and Francis Cater regarding mental health issues. Assemblymember Fitzjearl was pleased that letters were read. She thanked all who expressed concern about Ordinance No. 92 -01 and hoped for a better working relationship between the Assembly and the Kodiak Island Mental Health Center Advisory Board. She felt a major step forward had been taken. Assemblymember Gould agreed with Assemblymember Fitzjearl. He asked that an executive session be placed on the next agenda to discuss personnel issues with Dr. Pamela Baglien, Mental Health Center Director. After Assembly discussion, the Clerk was instructed to schedule an executive session for the March 5th regular meeting with the Assembly, Mayor Selby and Dr. Baglien. Deputy Presiding Officer Stevens announced that the Assembly would meet in work session on February 27th in the Borough conference room, a goals and objectives session on February 29th in the Borough conference room, and a regular meeting on March 5th in the Assembly chambers. There being no further business to come before the Assembly, the meeting adjourned at 9:16 p.m. ATTEST: / - 9 4 - onna F. Smith Borough Clerk Regular Assembly Meeting February 20, 1992 KIBS104655 Volume XVI Page 62