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1992-04-02 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting April 2, 1992 A regular meeting of the Kodiak Island Borough Assembly was held April 2, 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 Bible Chapel, followed by the Pledge of Allegiance. There were present: ROLL CALL Jack McFarland, Presiding Betty Fitzjearl Gordon Gould Suzanne Hancock Mike Milligan Mary Monroe absent: Gary Stevens (family illness) comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Donna Smith, Borough Clerk Judi Nielsen, Deputy Clerk GOULD, moved to excuse seconded by MONROE Gary Stevens. VOTE ON MOTION MOTION CARRIED Unanimous voice vote APPROVAL OF AGENDA MILLIGAN, moved to approve seconded by GOULD agenda as submitted. VOTE ON MOTION MOTION CARRIED Unanimous voice vote APPROVAL OP MINUTES A. K.I.B. Assembly Regular Meeting of March 5, 1992. Regular Assembly Meeting April 2, 1992 KIBS104688 REGULAR MEETING APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XIV Page 95 HANCOCK, seconded by FITZJEARL VOTE ON MOTION MOTION CARRIED AWARDS AND PRESENTATIONS CITIZEN COMMENTS moved to approve minutes of March 5, 1992. Unanimous voice vote A. Employee of the Month EMPLOYEE OF THE MONTH Mayor Selby presented the Employee of the Month award to Duane Dvorak, associate planner in the Community Development Department. Mayor Selby proclaimed April 5 through 11, 1992, National County Government Week in recognition of the need for all Americans to acknowledge the important role of county government. Mayor Selby proclaimed April 5 through 11, 1992, Lions Club White Cane Week. He presented the proclamation to Lions Club members Dale Soughers and Bud Cassidy. A. Agenda Items Not Scheduled For Public Hearing Tracy Akers expressed concerns about insufficient funding for the school district. She favored raising personal property taxes rather than cutting school district funding requests. She was of the opinion that there should be no cuts in regard to value of education. Kathy Mitchell agreed with the comments of Ms. Akers and supported funding for the alternative program at the Junior High School that provided a smooth transition for students going from elementary school to junior high. B. Items Other Than Those Appearing on the Agenda John Nuttal, Developmentally Disabled Task Force member, informed the Assembly that Hope Cottages would take over administration of the developmentally disabled grant by July 1, 1992. He appreciated Assembly involvement in the process. Carol Yakish, Alliance for Mentally I11 president, offered a summary of feelings and thoughts on what needed to be accomplished through the Mental Health Center. Regular Assembly Meeting April 2, 1992 AWARDS AND PRESENTATIONS PROCLAMATION PROCLAMATION CITIZEN COMMENTS Volume XIV Page 96 Edward Wilson confronted the Assembly with his attempt to collect past due wages from his employment at the Mental Health Center. He stated he contacted the Federal Wage and Hour Board as he had not received a response to his claim. Mayor Selby informed the Assembly that the Borough attorney responded to Mr. Wilson with a denial of the claim and contacted Mr. Wilson's attorney. He also stated the Borough had not been contacted by the Federal Wage and Hour Board. The Assembly asked that the Borough attorney's response to Mr. Wilson be available at the next work session. James Wilson led the Assembly through a chronology of Gilbert Wilson's complaint of the Mental Health Center and asked to have the complaint addressed. Kathy Granholm telephoned with comments on the Mental Health Center. COMMITTEE REPORTS Assemblymember Monroe announced the Mental Health Advisory Board changed their first meeting in April to Monday, April 6th at 5:30 p.m. in the Borough conference room. PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on meetings with Hope Cottage staff regarding the Developmentally Disabled program and grant. He remarked that the Kodiak Island Borough Annual Report for 1991 was complete. He stated the report did not replace the complete financial report but gave a summary of financial information for programatic activities and would be included in the Kodiak Daily Mirror as an insert. He distributed the FY 93 budget to the Assembly. He added that it was a level budget from the current fiscal year with no changes in mil levy. He reviewed some of the proposed budget figures that were major features in the budget document. He scheduled meetings with the school board and Borough department heads for upcoming work sessions. He said the real Regular Assembly Meeting April 2, 1992 KIBS104689 COMMITTEE REPORTS PUBLIC HEARING MESSAGES FROM MAYOR Volume XIV Page 97 property tax was estimated at $465 million and personal property tax at $85 million at the current mil levy of 5.5 mils. OLD BUSINESS OLD BUSINESS A. 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. If adopted, Resolution No. 92 -11 urged the continued 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. MILLIGAN, moved to adopt seconded by MONROE Resolution No. 92 -11. Presiding Officer McFarland introduced Greg Petrick, Kodiak Audubon Society conservation chairperson, who gave a presentation on House Bill 411. He summarized that monies were dedicated to programs relating to natural resources and allowing acquisition of valuable wildlife habitat throughout the spill region. He felt the $800,000 allocated for a comprehensive coastal archeological survey was significant. He informed the Assembly that the companion Senate Bill 379 was important and urged the public to express interest to Senator Zharoff. John French, University of Alaska representative, said that in terms of the University of Alaska, Committee Substitute House Bill 411 was specifically designed to identify the most effective way of using the civil settlement dollars with respect to oil spill and fishery enhancement work and felt the companion Senate Bill 379 had a different perspective as to how the money should be spent. He provided documents to the Assembly that were presented to Representative Davidson and felt House Bill 411 would pass in bpth houses of the legislature. Mr. Petrick agreed with Mr. French. GOULD, seconded by FITZJEARL KIBS104690 Regular Assembly Meeting April 2, 1992 moved to amend Resolution No. 92 -11 in NOW, THEREFORE, . BE IT RESOLVED... that the words "the passage of Committee Substitute Volume XIV Page 98 VOTE ON MOTION TO AMEND Ayes: Noes: Absent: MOTION CARRIED VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: Absent: MOTION CARRIED NEW BUSINESS A. BID AWARDS GOULD, seconded by MONROE House Bill 411" be inserted after the words "the Assembly and the Mayor support ". Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland None Stevens Unanimous Gould, Hancock, Milligan, Monroe, Fitzjearl, McFarland None Stevens Unanimous 1. Contract No. 92 -05 Main elementary School Roof Repair Project. moved to award Contract No. 92 -05 Main Elementary School Roof Repair Project to Rain Proof Roofing, Inc. of Anchorage, Alaska, in an amount not to exceed $504,851. Mayor Selby reported that there were a number of bidders and recommended awarding the bid to Rain Proof Roofing. He said 2,000 lineal feet of joist repair was part of the base bid and an additional $10.00 per lineal foot would be paid for any joist repair beyond the 2,000 lineal feet. Assemblymember Monroe noted that project had been handled very efficiently and congratulated staff. NEW BUSINESS BID AWARDS CONTRACT N0. 92- 05 MAIN ELEMENTARY SCHOOL ROOF REPAIR PROJECT KIBS10469 Volume XIV Regular Assembly Meeting April 2, 1992 Page 99 VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS Hancock, Milligan, Monroe, Fitzjearl, Gould, McFarland None Stevens Unanimous 1. Main Elementary School Roof Repair Settlement. A settlement offer was received from the original architects and contractor of the Main Elementary School Roof to settle any claims with respect to the design and construction of the roof. MONROE, seconded by FITZJEARL Regular Assembly Meeting April 2, 1992 moved to accept Main Elementary School Roof Repair Settlement offer from CTA Architects and MAPCO Petroleum for a total of $624,827. Mayor Selby deferred to Borough attorney, Joel Bolger, for a report. Mr. Bolger noted that the settlement offer was to settle any claims to the design and construction of the roof. He encouraged acceptance of the offer. Presiding Officer McFarland read a letter addressed to Ray Camardella, Engineering /Facilities Director, from CTA Architects /Engineers that applauded the patience and even - handed approach of Borough staff in resolving the claim. The Presiding Officer thanked the Assembly for interacting with Borough staff and thanked the Borough attorney's candidness. KIBS104692 RESOLUTIONS ORDINANCES FOR INTRODUCTION OTHER ITEMS MAIN ELEMENTARY SCHOOL ROOF REPAIR SETTLEMENT Volume XIV Page 100 Assemblymember Hancock appreciated everyone working together. VOTE ON MOTION Ayes: Milligan, Monroe, Fitzjearl, Gould, Hancock, McFarland Noes: None Absent: Stevens MOTION CARRIED Unanimous INFORMATIONAL MATERIALS (No action required) INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS 1. KIBSD regular meeting of February 24, 1992 and special meetings of March 2, 13 and 16, 1992. 2. Planning & Zoning Commission regular meeting of February 19, 1992. 3. KIB Mental Health Center Advisory Board work session notes of November 25 and December 16, 1991, regular meeting of January 27, special meeting of February 3, work session notes of February 10, and regular meeting of February 24, 1992. B. REPORTS REPORTS 1. Community Development Department January and February 1992 Status Reports. C. OTHER OTHER None. CITIZEN COMMENTS CITIZEN COMMENTS Janet Theis asked for a response, in writing, to a letter she had written addressed to Pam Baglien, Mental Health Center Director, regarding her nephew KIBS104693 and a situation he was in. The Mayor responded that the response would be in writing. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Monroe assured those who spoke on the service delivered at the Mental Health Center that Regular Assembly Meeting April 2, 1992 Volume XIV Page 101 positive solutions were being sought by the Assembly and Mental Health Center Advisory Board. Assemblymember Fitzjearl reiterated Assemblymember Monroe's comments. Assemblymember Gould congratulated Duane Dvorak on receiving the Employee of the Month Award. Presiding Officer McFarland also reiterated Assemblymember Monroe's comments and added that positive solutions would take time. The Presiding Officer announced the Assembly would meet in work session on April 9th and regular meeting on April 16th. EXECUTIVE SESSION Presiding Officer McFarland announced that the executive session was on the agenda to evaluate the clerk's job performance and anticipated no decisions as a result of the executive session. GOULD, seconded by MONROE VOTE ON MOTION Ayes: moved to recess into Executive Session for the purpose of evaluating the job performance of the clerk. Milligan, Monroe, Fitzjearl, Gould, Hancock, McFarland Noes: None Absent: Stevens MOTION CARRIED Unanimous When the Assembly returned from the executive session, the Presiding Officer announced that no action would be taken as a result of the executive session. , FITZJEARL, seconded by GOULD moved to adjourn. ADJOURNMENT VOTE ON MOTION KIBS104694 MOTION CARRIED Unanimous voice vote Regular Assembly Meeting April 2, 1992 EXECUTIVE SESSION Volume XIV Page :02 There being no further business to come before the Assembly, the meeting adjourned at 10:24 p.m. ATTEST: \Donna F. Smith Borough Clerk Regular Assembly Meeting April 2, 1992 aria Offi k L. M esiding KIBS104695 Volume XIV Page 103