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1992-03-19 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held March 19, 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 Russ Schwarz of the Kodiak Baptist Mission, followed by the Pledge of Allegiance. There were present: ROLL CALL Jack McFarland, Presiding Betty Fitzjearl Suzanne Hancock Mike Milligan Mary Monroe Gary Stevens absent: Gordon Gould (vacation) comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Judi Nielsen, Deputy Borough Clerk Jane Edmonds, Records Coordinator MONROE, moved to excuse seconded by FITZJEARL Assemblymember Gould. VOTE ON MOTION MOTION CARRIED APPROVAL OF AGENDA STEVENS, seconded by MONROE VOTE ON MOTION P1V1"1VIV Ltfi[f1C.L Regular Assembly Meeting March 19, 1992 KODIAK ISLAND BOROUGH Regular Assembly Meeting March 19, 1992 Unanimous voice vote moved to approve agenda as submitted. TTntn4mniic Vl11 r'o Vntn APPROVAL OF MINUTES APPROVAL OF MINUTES A. K.I.B. Assembly Regular Meeting of February 20, 1992. KIBS104671 REGULAR MEETING APPROVAL OF AGENDA Volume XIV Page 78 FITZJEARL, seconded by MONROE Assemblymember Fitzjearl noted the absence of a second under New Business Item D. The minutes will reflect the correction. VOTE ON MOTION TO APPROVE AS CORRECTED MOTION CARRIED AWARDS AND PRESENTATIONS moved to approve minutes of February 20, 1992. Unanimous voice vote. AWARDS AND PRESENTATIONS A. Student of the Month STUDENT OF THE MONTH Mayor Selby presented the Student of the Month award to Nicole Panamaroff, a freshman at Larsen Bay School. Mayor Selby awarded the Distinguished Presentation BUDGET AWARD Budget Award for FY92 from the Government Finance Officers Association to Karleton Short, KIB Finance Director. He said the Government Finance Officers Association had the highest accounting standards in the country and the Borough had met those standards for the past two years. Mayor Selby proclaimed March 1992 National Red Cross PROCLAMATION Month. He stated the Red Cross offered valuable health and safety information to the public and vital aid to victims of natural disasters and other emergencies. He presented the proclamation to Peggy Sutliff. CITIZEN COMMENTS CITIZEN COMMENTS A. Agenda Items Not Scheduled For Public Hearing Lonnie White, Alaska Department of Fish and Game employee, supported adoption of Resolution No. 92 -07. He informed the Assembly that it was a request within the department for $485,000 of capital improvement project funds for development of a program to enhance king crab technology. _ k C m b c e s o f n *— Wayne Stevens, 1�Vlilnn �.a aazuwi vi ..vnuuci...c .+�r° —, encouraged adoption of Resolution No. 92 -08. Okev Chandler urged the Assembly to adopt Resolution No. 92 -09. He felt better maintenance of Anton Larsen Road would benefit residents of the area and those using the ski chalet and golf course facilities. Regular Assembly Meeting March 19, 1992 KIBS104672 Volume XIV Page 79 Wayne Berry, USCG Special Services Department representative, encouraged adoption of Resolution No. 92 -09. Lila Schwantes urged the Assembly to adopt Resolution No. 92 -09. She felt the population in general would benefit. DeWitt Fields was of the opinion that electric service to Anton Larsen would benefit the community. He read his letter to Dave Nease, Kodiak Electric Association general manager, that addressed the 1992 feasibility study. He had plans to develop his property and thought that the Anton Larsen road was a major artery into Kodiak. John Malmrose, USCG Support Center Facilities engineer, spoke to Resolution No. 92 -09. He informed the Assembly that the Coast Guard intended to develop a winter recreation facility on Anton Larsen Road that would use an estimated 200,000 kilowatt hours per month. Debbie Olson, resident of Anton Larsen, stated the residents of the area were in favor of receiving electricity. Myrtle Olson, resident of Anton Larsen, favored adoption of Resolution No. 92 -09. Brenda Voutod, Kodiak Island Housing Authority housing manager, supported adoption of Resolution No. 92 -12 because the Cooperation Agreement would allow transfer of ownership and management of the Pacific Terrace Apartments from the Alaska State Housing Authority to the Kodiak Island Housing Authority. B. Items Other Than Those Appearing on the Agenda Ed Myers, Kodiak Island Hospital Administrator, provided an update on hospital activities. He stated two surgeons would soon provide services in the Valdez area and potentially in the Seward area. He was in the process of recruiting an orthopedic surgeon and working on plans to convert the administration house to a specialty clinic. He informed the Assembly that on April 8th the National Public Television Networks would broadcast a program on health care reform. Kathy Granholm read a letter from Ginny Sargent expressing concern about room changes at the Mental Health Center group home. The letter stated that a Regular Assembly Meeting March 19, 1992 KIBS104673 Volume XIV Page 80 the room change had adversely affected Mrs. Sargent's son, Ray Sargent, and she was angered that Mental Health Center personnel had not informed her of the change. In response to questions regarding changes at the group home, Ms. Granholm informed the Assembly that two critical care patients were moved into the Mill Bay home. Discussion ensued between Ms. Granholm, the Assembly and Mayor Selby regarding Mental Health Center policy and procedures and importance of informing guardians of proposed changes. Barbara Williams telephoned and expressed concern about local mental health care. James Wilson quoted from the Kodiak Island Borough Personnel Rules and Regulations manual the job description of residential trainers, specifically regarding requirements to keep guardians informed of patient care. Ken Houston, Transition Task Force member, spoke briefly regarding their recent trip to Sitka and Anchorage to view Developmental Disability Programs. COMMITTEE REPORTS John Asncren, Planning & Zoning Commissioner, was available to answer questions. Assemblymember Milligan attended the Cook Inlet Regional Advisory Council Meeting where funding and support of a coastal cooperative were discussed. PUBLIC HEARING A. Ordinance No. 92 -04 Amending Section 17.03.060 Zoning Compliance of the Borough Code to Delete the Requirements for an Exception in Residential Districts for Certain Kinds of Site Grading. Presented,for public hearing was Ordinance No. 92 -04 __ deleted 1... F.. which, if aui pl.CLL, 4CLCLt4 r euliii cauca.�� for an exception in residential districts to streamline the regulatory review process for grading activities in the community. STEVENS, moved to adopt seconded by FITZJEARL Ordinance No. 92 -04. Regular Assembly Meeting March 19, 1992 KIBS10467 COMMITTEE REPORTS PUBLIC HEARING ORDINANCE NO. 92 -04 K Volume XIV Page 81 Mayor Selby stated this was a specific code amendment originally requested by the City of Kodiak which reduced the time and expense of acquiring a grading permit in residential zoning. He added that staff felt the grading requirements contained in the Uniform Building Code (UBC) were adequate to provide for proper grading work. The Presiding Officer called for public testimony; hearing and seeing none, the Assembly was reconvened. VOTE ON MOTION Ayes: V OTE (XT MATI^N m0 nnnnm Ayes: Noes: None Regular Assembly Meeting March 19, 1992 Fitzjearl, Hancock, Milligan, Monroe, Stevens, McFarland Noes: None Absent: Gould MOTION CARRIED Unanimous B. Ordinance No. 92 -05 Amending Chapter 17.60 ORDINANCE Signs of the Borough Code. NO. 92 -05 Presented for public hearing was Ordinance No. 92 -05 which, if adopted, amended the sign code. FITZJEARL, moved to adopt seconded by STEVENS Ordinance No. 92 -05. Mayor Selby explained that this request by the Planning & Zoning Commission clarified the code and enabled staff to work with specific sign code requirements. The Presiding Officer called for public testimony; hearing and seeing none, the Assembly was reconvened. At Assemblymember Milligan's request, Linda Freed, Community Development Department Director, responded that the change provided a specific example of when illuminated signs and signs larger than six square feet were allowed. Hancock, Milligan, Monroe, Stevens, Fitzjearl, McFarland KIBS1046 Volume XIV Pa ;e 82 Absent: Gould MOTION CARRIED Unanimous C. Ordinance No. 92 -06 Revising Certain ORDINANCE Sections of Title 13 Utilities. NO. 92 -06 Presented for public hearing was Ordinance No. 92 -06 which, if adopted, reduced the monthly water service fee for service to a structure prior to the issuance of a certificate of occupancy. MONROE, moved to adopt seconded by Hancock Ordinance No. 92 -06. Mayor Selby advised the Assembly that Ordinance No. 92 -06 was recommended by the Service District No. 1 Board to implement a vacant utility rate without physically turning the utilities off to a structure. The Presiding Officer called for public testimony; hearing and seeing none, the Assembly was reconvened. Assemblymember Fitzjearl suggested a motion to postpone action on Ordinance No. 92 -06 but after Assembly discussion, she withdrew her motion with the concurrence of the second, Assemblyember Monroe. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Gould MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby attended the scoping session of the Department of the Interior for the Cook Inlet sale. ti_ J LL_ .3. ._CL: 1'_— a1... L+ -..: a_1 SIC OQ1V L.11C V1 Q1 L.11Ly FA1 VVCCrl 1V1 L.LLC .ull V 11 VLLLLLCLL L.as Impact Statement was underway. He reminded the public that Sheratin Road wood cutting permits could be obtained from Bud Cassidy, Resource Management Officer. Regular Assembly Meeting March 19, 1992 Milligan, Monroe, Stevens, Fitzjearl, Hancock, McFarland KIBS10467 Volume XIV Page 83 He received a notice from the Department of Environmental Conservation regarding the proposed fee schedule hearing scheduled in Kodiak on March 23rd. Mayor Selby informed the Assembly that Kodiak College had scheduled seminars through the Drug Free Schools Programs on March 26th and 27th. He attended a meeting with Clem Tillion, Fisheries Assistant to the Govenor's Office; Department of Fish and Game Commissioner Carl Rosier; and McKie Campbell of the Office of the Govenor and felt they had a clear understanding of Kodiak's standing on the IFQ issue. He reported that the settlement proposal of the Main Elementary School Roof Repair Project would be before the Assembly at the next regular meeting. He said the bids were well below the engineering estimate. He encouraged the public to meet with Senator Zharoff and Representative Davidson during ComFish. Mayor Selby announced that Governor Hickel released the capital budget and that important projects for Kodiak were included. He noted that Patrick Aloia, Mental Health Regional Coordinator for the State of Alaska, anticipated a 20% budget cut in mental health programs. He said Mr. Aloia completed a follow -up review of the disabled disability files of the Kodiak Mental Health Center and determined that staff had provided excellent care. He stated Mr. Aloia would meet with the Assembly and provide a complete written report. OLD BUSINESS OLD BUSINESS None. NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Professional Services Contract for the HANDICAPPED Design of the Kodiak Island Borough Office RENOVATIONS Building Handicapped Renovations Project. PROJECT To meet minimum accessibility requirements of the Americans with Disabilities Act, renovation of some areas of the Kodiak Island Borough office building are necessary. STEVENS, moved to award the seconded by FITZJEARL Professional Services Regular Assembly Meeting March 19, 1992 KIBS104677 Volume XIV Page 84 Mayor Selby reported Department completed design modifications rooms. VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED MONROE, seconded by STEVENS Regular Assembly Meeting March 19, 1992 Contract for the design of the Kodiak Island Borough Office Building Handicapped Renovation Project to Kumin Associates, Inc. of Anchorage, Alaska, in an amount not to exceed $7,500. that the Engineering /Facilities an assessment of the building to of building entrances and rest Monroe, Stevens, Fitzjearl, Hancock, Milligan, McFarland None Gould Unanimous 2. Professional Services Contract to Perform Title Investigations for Kodiak Island Borough Tax Foreclosed Properties. Kodiak Island Borough Code requires notification of lien holders of tax delinquent property and lien holders are determined by title search. moved to authorize the Mayor or his designee to acquire the services of Western Alaska Land Title Co. in an amount not to exceed $7,500 to perform title searches and determine the lien holders of tax delinquent property. Mayor Selby noted this was normally handled administratively but code required Assembly approval of expenditures over $5,000. He said title fees were recoverable upon redemption of the property by the record land owner, lien holder or sale by the Borough. KIBS104678 TITLE INVESTIGATION- Volume XIV Page 85 VOTE ON MOTION Ayes: Stevens, Fitzjearl, Hancock, Milligan, Monroe, McFarland Noes: None Absent: Gould MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 92 -07 Supporting King Crab RESOLUTION Rehabilitation. NO. 92 -07 If adopted, Resolution No. 92 -07 supported funding of king crab technology development by the State of Alaska in the amount of $485,000. STEVENS, moved to adopt seconded by MONROE Resolution No. 92 -07. Mayor Selby stated this was a request by the State Department of Fish and Game for $485,000 in capital improvement project funds for king crab technology. VOTE ON MOTION Ayes: Fitzjearl, Hancock, Milligan, Monroe, Stevens, McFarland Noes: None Absent: Gould MOTION CARRIED Unanimous 2. Resolution No. 92 -08 Supporting the Chamber RESOLUTION of Commerce for an Economic Development NO. 92 -08 Grant. If adopted, Resolution No. 92 -08 supported pursuit of an economic development grant from the State of Alaska to fund the feasibility study of a value -added processing plant in Kodiak. FITZJEARL, moved to adopt seconded by MONROE Resolution No. 92 -08. Regular Assembly Meeting March 19, 1992 KIBS104679 Volume XIV Page 86 Mayor Selby informed the Assembly the Kodiak Chamber of Commerce requested Assembly support for an economic development grant from the State of Alaska to fund analysis and research of a value -added processing plant. In response to questions raised, Mayor Selby responded that a value -added processing plant would enable ready- for - the -table products such as breaded fish filets and steaks to be produced in Kodiak, rather than sending the salmon to Seattle for final processing. VOTE ON MOTION TO ADOPT Ayes: Hancock, Milligan, Monroe, Stevens, Fitzjearl, McFarland Noes: None Absent: Gould MOTION CARRIED Unanimous 3. Resolution No. 92 -09 Urging the Kodiak RESOLUTION Electric Board of Directors to Construct an NO. 92 -09 Electrical Distribution Line to the Anton Larsen Bay Area. If adopted, Resolution No. 92 -09 supported construction of an electrical distribution line to the Anton Larsen Bay area. FITZJEARL, moved to adopt seconded by MILLIGAN Resolution No. 92 -09. Mayor Selby said the Kodiak Electric Association Board of Directors was considering the feasibility of constructing an electrical distribution line, and he felt residents of the Anton Larsen area were in full support. Okev Chandler reported that seven permanent residents and four businesses favored construction of an electrica,1 line to Anton Larsen. He felt it was a effective b of high clortrir usage. cost C11 C1i 1...1VG plan because of .. +'� - � Martha Randolph, Anton Larsen property owner, supported adoption of Resolution No. 92 -09 and improvement of the road. She felt it encouraged development and would broaden the Borough's tax base. Regular Assembly Meeting March 19, 1992 KIBS104680 Volume XIV Page 87 VOTE ON MOTION TO ADOPT Ayes: Noes: None Milligan, Monroe, Stevens, Fitzjearl, Hancock, McFarland MOTION CARRIED Unanimous 4. Resolution No. 92 -10 Authorizing the RESOLUTION Acquisition of Utility Easements on Certain NO. 92 -10 Properties for Water and Sewer Utility Construction. (U.S. Navy Cold Water Training Center at Spruce Cape) If adopted, Resolution No. 92 -10 acquired easements on certain properties to allow construction of water and sewer utilities. MONROE, moved to adopt seconded by STEVENS Resolution No. 92 -10. Mayor Selby said owners of the property had committed to the easement, and the code required that acquisition of land by the Borough be approved by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous 5. Resolution No. 92 -11 Supporting the RESOLUTION Acquisition of Important Fish, Wildlife, NO. 92 -11 Cultural, and Recreational Lands on Afognak Island by the State of Alaska and the Federal Government as a Wise Use of Criminal and Civil Penalties Consequent to the Exxon Valdez Oil Spill. urged continued If adopted, Resolution No. 92 -11 urged u a.aa the c Coaa ... consideration of acquisition of Afognak lands for the purposes of maintaining use by local residents and maintenance of the fish and wildlife ecosystems that currently exist. FITZJEARL, moved to postpone seconded by MILLIGAN Resolution No. 92 -11 to Regular Assembly Meeting March 19, 1992 Monroe, Stevens, Fitzjearl, Hancock, Milligan, McFarland KIBS104681 Volume XIV Page 88 VOTE ON MOTION POSTPONE Ayes: Noes: None Absent: Gould MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT Ayes: KIBS1046 Noes: None Regular Assembly Meeting March 19, 1992 April 2, 1992 regular meeting and place on March 26 work session agenda. Assemblymember Fitzjearl felt additional time was necessary to make a decision and encouraged Assemblymembers to speak with Representative Davidson and Senator Zharoff. Presiding Officer McFarland felt the expenditure of the $50 million should benefit the largest group of people possible and expressed a desire to take additional time before passing the resolution. Stevens, Fitzjearl, Hancock, Milligan, Monroe, McFarland 6. Resolution No. 92 -12 Entering Into a RESOLUTION "Cooperation Agreement" With the Kodiak NO. 92 -12 Island Housing Authority. If adopted, Resolution No. 92 -12 transferred ownership and management of the Pacific Terrace Apartments from the Alaska State Housing Authority to the Kodiak Island Borough Housing Authority. MONROE, moved to adopt seconded by STEVENS Resolution No. 92 -12. Mayor Selby said the request of the Kodiak Island Housing Authority transferred management of the Pacific Terrace apartments from the Alaska State Housing Authority to the Kodiak Island Housing Authority. He informed the Assembly that the use and qualifications for residents of the apartments had not change. Fitzjearl, Hancock, Milligan, Monroe, Stevens, McFarland Volume XIV Page 89 Absent: Gould MOTION CARRIED Unanimous ORDINANCES FOR C. ORDINANCES FOR INTRODUCTION INTRODUCTION None. D. OTHER ITEMS OTHER ITEMS 1. Amendment to the Kodiak High School HIGH SCHOOL Alteration Project - Phase II Professional ALTERATION Services Contract. PROJECT As requested, Kumin Associates, Inc. completed additional work items and incurred costs outside the original agreement for design of Phase II of the Kodiak High School project. HANCOCK, seconded by MONROE FITZJEARL, seconded by STEVENS VOTE ON MOTION TO AMEND MOTION CARRIED VOTE ON MOTION AS AMENDED Ayes: Regular Assembly Meeting March 19, 1992 moved to amend the Kodiak High School Alteration Project - Phase II Professional Services Contract by increasing the not -to- exceed cost by $9,500 to $95,889. Mayor Selby explained this was an ongoing contract covering four phases of the Kodiak High School Alteration Project. He said each phase was funded separately and the increase allowed for some phase III projects to be completed while working on phase II projects in order to allow completion of projects in a more timely manner. moved to amend to add the words "for a total of" $95,889. Unanimous voice vote 1. u4 1 1 4 m n na11'-V.rn, a'j .., Monroe, Stevens, Fitzjearl, McFarland Noes: None Absent: Gould KIBS104683 Volume XIV Page 90 MOTION CARRIED Unanimous 2. Beverage Dispensary /Tourism Liquor License LIQUOR LICEN.,- Application Renewal. APPLICATION MONROE, move to voice seconded by MILLIGAN objection to renewal of dispensary /tourism liquor license renewal application of Bear Country Bar & Grill due to unpaid personal property taxes. The Deputy Clerk informed the Assembly that because the personal property taxes were unpaid, the Borough had an interest which could be protected by protesting the approval of the application for renewal. She said the owner was notified that personal property taxes were due. At Assemblymember Fitzjearl's question, Mayor Selby explained that because the business facility was leased, the owner did not owe real property taxes. Assemblymember Stevens voiced his intention to abstain from voting due to family relationship. In response to questions raised, the Deputy Clerk stated that if objection was voiced, the applicant and the Alcoholic Beverage Control Board would be notified. She understood that if the applicant paid the taxes within a time specified by the State, the ABC Board would approve the application for renewal. VOTE ON MOTION Ayes: Noes: None Abstain: Stevens Absent: Gould MOTION CARRIED Unanimous Regular Assembly Meeting March 19, 1992 Milligan, Monroe, Fitzjearl, Hancock, McFarland INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS KIBS10468 Volume XIV Page 91 A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Airport Advisory Committee Meeting of February 5, 1992. B. REPORTS REPORTS 1. KIB February 1992 Financial Report. 2. KIBSD January 1992 Financial Report. C. OTHER None. CITIZEN COMMENTS John Nuttall, Transition Task Force member, informed the Assembly that a unanimous decision was reached and recommendation made to solicit Hope Cottages to administer the grant for the Developmentally Disabled program. James Wilson referred to the Borough Code regarding recording votes when an Assemblymember abstained from voting. He felt the relationship between Mr. Aloia and the Mental Health Center was too close for an objective decision regarding record keeping, treatment plans and client bill of rights issue. He expressed concern that a client of the Mill Bay residence was not informed prior to a recent room change. Mayor Selby responded that the guardian, informed ten days prior to the room change, informed the client. Terry Armwood, live -in residential trainer at the group home, telephoned to refute Mayor Selby's comment. ASSEMBLYMEMBER ASSEMBLYMEMBER COMMENTS COMMENTS Assemblymember Milligan felt the Mental Health Center issue was crucial and thought a more complete paper trail would help resolve the situation. He appreciated Okey Chandler's involvement in the community -. Assemblymember Hancock was impressed with efforts of the Chamber of Commerce with regard to ComFish. Assemblymember Monroe reiterated Assemblymember Hancock's statement. She was thought that complaints about the Mental Health Center should continue to be expressed. Regular Assembly Meeting March 19, 1992 KIBS104685 OTHER CITIZEN COMMENTS Volume rIV Page 92 Assemblymember Stevens was appreciative of efforts made surrounding the king crab and value -added processing issues. Assemblymember Fitzjearl congratulated the Transition Task Force members for a job well done. FITZJEARL, seconded by MONROE Assemblymember Fitzjearl stated that Hope Cottages' philosophy of residential programming was based on client desire. VOTE ON MOTION Ayes: Noes: None Absent: Gould MOTION CARRIED Unanimous cmccicnac seconded by FITZJEARL VOTE ON MOTION Regular Assembly Meeting March 19, 1992 moved to endorse the DEVELOPMENTALLY Transition Task Force's DISABLED PROGRAM recommendation to select Hope Cottages for the Kodiak Developmentally Disabled Program. Monroe, Stevens, Fitzjearl, Hancock, Milligan, McFarland Assemblymember Fitzjearl felt the Assembly and school board should meet to discuss the situation at the Kodiak High School that was reported by Kris Kinter at the February 20th regular meeting. Presiding Officer McFarland requested specific information on the anticipated completion date of the Mental Health Center audit. He expressed a desire to discuss a potential independent audit at the next worksession. Presiding Officer McFarland announced the Assembly would meet in work session on March 26th and a regular meeting on April 2nd. moved_ tn_ a_A_inurn ADJOURNMENT regular meeting. MOTION CARRIED Unanimous voice vote KIBS104686 Volume XIV Page 93 There being no further business to come before the Assembly, the meeting adjourned at 10:43 p.m. ATTEST: onna Smith Borough Clerk Regular Assembly Meeting March 19, 1992 . McF esiding 0 KIBS10468 Volume XIV Page 94