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1992-04-16 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting April 16, 1992 A regular meeting of the Kodiak Island Borough Assembly was held April 16, 1992 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:31 p.m. The Presiding Officer led the Pledge of Allegiance. There were present: Jack McFarland, Presiding Betty Fitzjearl Gordon Gould Suzanne Hancock Mike Milligan Mary Monroe Gary Stevens comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Donna Smith, Borough Clerk Judi Nielsen, Deputy Clerk APPROVAL OF AGENDA STEVENS, seconded by GOULD VOTE ON MOTION Ayes: Noes: MOTION CARRIED APPROVAL OF MINUTES A. K.I.B. Assembly Regular Meeting of March 19, and April 2, 1992. r_nnr.n seconded by FITZJEARL KIBS104696 Regular Assembly Meeting April 16, 1992 moved to approve agenda as submitted. Fitzjearl, Gould, Hancock, Milligan, Monroe, Stevens, McFarland None Unanimous moved to approve minutes of March 19, and April 2, 1992. REGULAR MEETING ROLL CALL AGENDA APPROVAL OF MINUTES Volume X V Page 104 VOTE ON MOTION Ayes: Noes: MOTION CARRIED AWARDS AND PRESENTATIONS A. Student of the Month B. Proclamation CITIZEN COMMENTS Gould, Hancock, Milligan, Monroe, Stevens, Fitzjearl, McFarland None Unanimous Mayor Selby presented the Student of the Month award to Jeannie Leath, a senior at Kodiak High School. Mayor Selby read a proclamation declaring May 5 through May 9, 1992, as Municipal Clerk's Week and extended appreciation to Donna Smith, Municipal Clerk for the Kodiak Island Borough. A. Agenda Items Not Scheduled For Public Hearing John Witteveen, Kodiak Island Borough School District Superintendent, spoke to Resolution No. 92 -13 to reserve the right to come back before the Assembly at a later date if the State Legislature did not increase the foundation funding from $60,000 to $61,000. After some discussion with Mr. Witteveen, the Assembly reserved the right to ask Mr. Witteveen to appear before them at the time of the discussion on Resolution No. 92 -13. Cheryl McNeil addressed the Assembly, not as a school board member but as a parent. She was concerned about cutting the school district budget so that it would not impact the classrooms. She contended that 30 students in a classroom was too many. Norm Wooten, Kodiak Island Borough School District Rnarrl momhor annroriatad tho Accomhlu ciinnnrtinn education, especially Assemblymember Gould as a member of the budget review committee, as schools were an integral part of the community. He thought the board and school district personnel took in good faith the message received last year, which was to Regular Assembly Meeting April 16, 1992 KIBS104697 AWARDS AND PRESENTATION STUDENT OF THE MONTH PROCLAMATION CITIZEN COMMENTS Volume X V Page 105 hold the line in spending. He pointed out areas where attempts were made to comply with those wishes. He emphasized the budget was a basic - education budget. B. Items Other Than Those Appearing on the Agenda Shirley Monte, Kodiak Island Mental Health Advisory Board member, read her letter responding to Mayor Selby's allegation that the Board had acted illegally at a meeting of the Mental Health Advisory Board on April 6, 1992. She felt that any mistakes in procedures were honest mistakes and pointed out that the Board was comprised of volunteers committed to mental health clients' welfare. James Wilson read from an April 3, 1992 letter from Patrick Aloia addressed to Mayor Selby and accused the Mayor of misrepresenting statements he made at the April 2, 1992 regular Assembly meeting. He questioned the validity of the Department of Disabilities audit of the Mental Health Center. He contended that the state would withhold fourth quarter grant funds if the Mental Health Center Policy and Procedures manual was not completed by May 1st. Presiding Officer McFarland admonished Mr. Wilson and asked that next time he spoke to the Assembly he watch his language and keep personalities out of his discussion. He informed Mr. Wilson that personal attacks were not condoned by the Assembly. He said the Assembly was fully aware of the mental health issues and they were being dealt with. It was announced by Mayor Selby that Mr. Aloia would be in Kodiak on May 7, 1992. COMMITTEE REPORTS Assemblymember Monroe reported that reorganization, budget, and the Policies and Procedures Manual for the Mental Health Center were discussed at a meeting of the Mental Health Advisory Board. She added that administration was working on the audit. B mbe F tz r asked for c l� ifi..eti When Assemblymember a� i ter. � cai i .. i.+i .. �..� . - -.- on the reorganization, Mayor Selby responded that the state was endorsing the reorganization as presented in the budget. Regular Assembly Meeting April 16, 1992 KIBS104698 COMMITTEE REPORTS Volume X V Page 106 GOULD, seconded by MONROE VOTE ON MOTION Ayes: Noes: None MOTION CARRIED Unanimous PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR moved to acknowledge receipt of the recommendation of the Mental Health Advisory Board dated April 13, 1992, signed by Vickie Hester, and place on the next work session agenda. Hancock, Milligan, Monroe, Stevens, Fitzjearl, Gould, McFarland Mayor Selby met with the Exxon Valdez local response group where a May 5th meeting was set to work on priorities of the Kodiak region. He announced the Exxon Valdez Trustee Council meeting scheduled for May 27th and encouraged public comment at the meeting. He said there was a ten percent cut in the municipal assistance revenue sharing budget that was before the legislature. He added that there was legislative support for the $61,000 funding for the school district. He announced a meeting of the North Pacific Management Council and anticipated presentation of an action to rescind the passage of the IFQ system. He said Governor Hickel would announce his position on IFQs soon. Mayor Selby reported that the DCRA grant for economic A......1 } w in } h 411 cc .arc annrnvcd a* $30,000 and would be before the Assembly at the next regular meeting. He said that staff continued to work on the Borough budget and it would be presented to the Assembly at work session. Regular Assembly Meeting April 16, 1992 KIBS104699 PUBLIC HEARING MESSAGES FROM MAYOR Volume X V Page 107 He received an update of the program review of the Mental Health Center that indicated there was a caring staff delivering high quality of care to clients. He said a follow -up review found that problems with records maintenance were corrected. He spoke to the fact that a letter from Patrick Aloia dated April 3, 1992 indicated that he was pleased with progress made on the policy and procedures manual of the Mental Health Center and had no intention to withhold fourth quarter grant funds. He read from a letter from Patrick Aloia that stated Mr. Aloia felt a client was satisfied with the actions being taken by the Kodiak Island Mental Health Center to resolve his concerns and complaints regarding client rights, treatment planning with client participation and other related matters and issues. OLD BUSINESS None. NEW BUSINESS A. BID AWARDS 1. Contract No. 92 -11 Kodiak High School Alteration Project, Phase II. Nine bids were submitted for the project, three of which were completed incorrectly. Two bidders withdrew when questioned as to the validity of the submitted bids and one submitted a corrected bid. Of the remaining seven bids, Jay -Brant General Contractors was the low bidder. Ray Camardella, Engineering /Facilities Director, requested a legal opinion on recommending the bid award due to bid errors and received an opinion from Mr. William M. Walter, attorney with Hughes, Thorsness, Gantz, Powell & Brundin with a recommendation to award the contract to the low bidder, Jay -Brant General Contractors. MONROE, .i ...i 1 .. CTD[)T:TC Regular Assembly Meeting April 16, 1992 moved to award Contract ATn O')_11 unA4alr High School Alteration Project, Phase II to Jay -Brant General Contractors in an amount not to exceed $469,200. KIBS104700 OLD BUSINESS NEW BUSINESS BID AWARDS CONTRACT NO. 92 11 MAIN ELEMENTARY SCHOOL ROOF REPAIR PROJECT Volume X V Page 108 Mayor Selby informed the Assembly that the Phase II construction would gain three classrooms at Kodiak High School by renovating existing space. At this point, Mr. Gilbert Wilson entered the Assembly Chambers and threw an item at Mayor Selby. After a ten minute recess, Presiding Officer McFarland reconvened the Assembly. Presiding Officer McFarland appointed the Deputy Clerk as Sargent -At -Arms with instructions to prohibit Mr. Gilbert Wilson from entering the chambers. Mayor Selby continued with his comments adding that bids for the High School Alteration Project Phase II were opened March 31st and Jay -Brant General Contractors was the low bidder. VOTE ON MOTION Ayes: Milligan, Monroe, Stevens, Fitzjearl, Gould, Hancock, McFarland Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 92 -13 Approving the FY 1993 RESOLUTION School District Budget and Determining the NO. 92 -13 Total Amount of Funds to be Made Available from Local Sources. Presented for consideration was Resolution No. 92 -13 which, if adopted, accepted the FY 1993 Kodiak Island Borough School District budget in the amount of $17,774,000 based on the projected FY 1993 funding by the State of Alaska. STEVENS, moved to adopt seconded by MILLIGAN Resolution No. 92 -13. Mayor Selby stated the resolution was required by state statute to be adopted by the Assembly by the end of April each year. He said the figure originally submitted by the school board was $18,000,024 and subsequently revised to $17,724,000. K1BS104701 Regular Assembly Meeting Volume X V April 16, 1992 Page 109 Assemblymember Fitzjearl expressed concern at the teachers' threat to strike and the increase in administrative costs. Cheryl McNeil, School District Board member, stated this was the first year teachers were able to strike because of statute restrictions. She felt there was no room for administrative cuts and that raising teachers' salaries was less detrimental to the community and students than a teachers' strike. Assemblymember Monroe was distressed with the thought of increased class size and felt that a mil rate increase could help maintain adequate funding. She agreed that efforts had been made to cut costs. At Assemblymember Milligan's request, Superintendent John Witteveen gave a chronology of teachers' wage increases during the past five years. Assemblymember Hancock asked for confirmation from Mayor Selby that a mil increase was not necessary to cover the local appropriation, to which he stated the budget was balanced at 3.2 million and a mil increase was not necessary. Assemblymember Gould reviewed the specific results of a mil increase and spoke against any property tax increase that went directly into teachers' salaries and benefits rather than into hiring more teachers, better building maintenance and essential learning tools for students. Presiding Officer McFarland appreciated Assemblymember Gould's comments and supported the 3.2 million dollar appropriation. VOTE ON MOTION Ayes: Noes: Fitzjearl Monroe, Stevens, Gould, Hancock, Milligan, McFarland MOTION CARRIED 6 Ayes, 1 No KIBS104702 Regular Assembly Meeting Volume X V April 16, 1992 Page 110 Ayes: 2. Resolution No. 92 -14 Urging the State Legislature to Adopt Senate Bill 452 Amending Sections of Alaska Statute 47 to Cover Certain Rehabilitation and Case Management Services Under the Medicaid Program. Presented for consideration was Resolution No. 92 -14 which, if adopted, urged the Alaska State Legislature to adopt Senate Bill 452 to provide funding for vital . services by amending sections of Alaska Statutes 47 to cover rehabilitation and case management services under the Medicaid Program for substance abusers, chronically ill adults, and severely mentally disturbed persons under the age of 21. MONROE, moved to adopt seconded by STEVENS Resolution No. 92 -14. Mayor Selby reported that the bill provided funding for care of chronically ill adults and severely emotionally disturbed persons under the age of 21 as well as management and care services for substance abusers. VOTE ON MOTION Noes: None MOTION CARRIED Unanimous Stevens, Fitzjearl, Gould, Hancock, Monroe, McFarland 3. Resolution No. 92 -15 Urging the Alaska RESOLUTION State Legislature to Remove the Alaska NO. 92 -15 Science and Technology Fund from Consideration for Reappropriation. Presented for consideration was Resolution No. 92 -15 which, if adopted, urged the Alaska State Legislature to remove the Alaska Science and Technology Foundation Fund from consideration for reappropriation so that the funds remain available for future science and technological projects. MILLIGAN, moved to adopt seconded by GOULD Resolution No. 92 -15. Mayor Selby said the Alaska Science and Technology Foundation Fund was targeted by the legislature for use on capital projects. He contended that use of Regular Assembly Meeting April 16, 1992 KIBS104703 RESOLUTION NO. 92 -14 Volume X V Page 111 the fund for research projects in Kodiak would create future economic opportunity in the community. FITZJEARL, seconded by MILLIGAN Assemblymember Milligan detailed the intent of the resolution as maintaining the fund for future projects. VOTE ON MOTION TO AMEND Ayes: Noes: None MOTION CARRIED Unanimous Mark Donahue, Kodiak Area Native Association representative, explained that the fund was dedicated to funding projects that result in economic development and was available to all Alaskans. VOTE ON MOTION AS AMENDED Ayes: l Noes: MOTION CARRIED Regular Assembly Meeting April 16, 1992 moved to amend Resolution No. 92 -15 by adding a fourth whereas as follows: "Many ideas that address economic development in Alaska's rural areas cannot be funded by regular financial methods which makes another funding mechanism such as the Alaska Science and Technology Foundation Fund mandatory for the future of Alaska; and" and to replace the word "gutting" with the word "demise" in the seventh whereas. Gould, Hancock, Milligan, Monroe, Stevens, Fitzjearl, McFarland Fitzjearl, Gould, Hancock, Milligan, Monroe, Stevens, McFarland None Unanimous KIBS104704 Volume X V Page 112 After a five minute recess, the Presiding Officer reconvened the regular meeting. 4. Resolution No. 92 -16 Supporting the Passage RESOLUTION of House Bill 540, Limiting the Liability NO. 92 -16 of an Oil Spill Response Action Contractor. Presented for consideration was Resolution No. 92 -16 which, if adopted, urged the Alaska State Legislature to pass House Bill 540 limiting liability of an oil spill Response Action Contractor (RAC) for release or threatened release of hazardous substances and for an act or omission that is not contrary to a state or national oil spill contingency plan. FITZJEARL, moved to adopt seconded by STEVENS Resolution No. 92 -16. The Presiding Officer asked for a staff report from Mayor Selby. The Mayor summarized that the intent of the bill was to protect the local fishing fleet when responding to an oil spill. He said it prevented them from becoming first in position of liability as a result of releasing hazardous substances while attempting to help with oil spill clean -up. Kristin Stahl- Johnson, Prince William Sound Regional Citizen's Advisory Council representative, felt that House Bill 540 would be effective only if tied into Senate Bill 270 because it covered a local level of response. Dave Woodruff, Cook Inlet Regional Citizen's Advisory Council representative, contended that response action contractors were held in a first liability position and needed to be protected. He said it was a complicated issue and suggested postponing the resolution until the passage of House Bill 540. Mayor Selby said the language between the two bills should be worked out to protect local contractors. STEVENS, seconded by GOULD GOULD, seconded by FITZJEARL moved to postpone Resolution No. 92 -16 to the next regular meeting. Assemblymember Stevens withdrew his motion with the concurrence of the second. moved to amend Resolution No. 92 -16 by inserting in all areas after the words "House Regular Assembly Meeting KIBS104705 Volume X V April 16, 1992 Page 113 VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED MILLIGAN, seconded by STEVENS Assemblymember Milligan withdr concurrence of the second. MILLIGAN, seconded by STEVENS VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED VOTE ON MOTION AS AMENDED Ayes: Noes: MOTION CARRIED KIBS104706 Regular Assembly Meeting April 16, 1992 Bill 540" the words "and Senate Bill 270" Milligan, Monroe, Stevens, Fitzjearl, Gould, Hancock, McFarland None Unanimous moved to amend Resolution No. 92 -16 to delete the fourth whereas. ew the motion with the moved to amend Resolution No. 92 -16 by changing the fourth whereas to read "House Bill 540 and Senate Bill 270 are supported by a number of private and public interest groups; and ". Monroe, Stevens, Fitzjearl, Gould, Hancock, Milligan, McFarland None Unanimous Hancock, Milligan, Monroe Stevenc Fitzjearl, Gould, McFarland None Unanimous Volume X V Page 114 C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS 1. City of Port Lions Exxon Valdez Funds CITY OF PORT Advance Agreement. LIONS EXXON VALDEZ FUNDS The City of Port Lions expended most of their ADVANCE available fund balances on oil spill related projects AGREEMENT which Exxon subsequently refused to reimburse. As a result, the City has limited funds to assist in the preparation of documents for the continued litigation against Exxon. GOULD, seconded by FITZJEARL Mayor Selby explained that the Borough's legal council felt this was an appropriate use of funds to allow the City of Port Lions to participate in the litigation effort. It was understood that the funds would return to the Kodiak Island Borough as part of the settlement when successful litigation is completed. VOTE ON MOTION Ayes: Noes: McFarland moved to advance funds of $20,000 to the City of Port Lions from Exxon funds retained by the Kodiak Island Borough so that the City of Port Lions can continue with litigation against the Exxon Company. The funds to be returned to the Borough upon resolution of the City of Port Lions litigation with the Exxon Corporation. Stevens, Fitzjearl, Gould, Hancock, Milligan, Monroe MOTION CARRIED 6 Ayes, 1 No ORDINANCES FOR INTRODUCTION OTHER ITEMS 2. Administrative Contract No. 04 -92 Life CONTRACT Insurance Request for Proposal Award. NO. 04 -92 Regular Assembly Meeting April 16, 1992 KIBS104707 Volume X V Page 115 Supplemental group life insurance proposals were solicited for Borough and school district employee life insurance policies. GOULD, seconded by FITZJEARL Mayor Selby stated that because the current carrier went bankrupt and was bought by another entity, proposals were solicited and UNUM came in with the lowest rate. He informed the Assembly that UNUM was rated A+ by the National Insurance Rating Board. VOTE ON MOTION Ayes: Noes: MOTION CARRIED Unanimous 3. Oil Spill Recovery Institute Advisory Board OIL SPILL Nomination. RECOVERY BOARD Nominations for the Oil Spill Recovery Institute Advisory Board were being solicited to be forwarded to the Governor no later than April 22, 1992. GOULD, seconded by FITZJEARL Mayor Selby explained that establishment of the Board from the Oil Pollution Act important that a member of involved. FITZJEARL, seconded by MILLIGAN Regular Assembly Meeting April 16, 1992 moved to award Contract No. 04 -92 Life Insurance Request for Proposal Award to UNUM Insurance Company effective May 1, 1992. Fitzjearl, Gould, Hancock, Milligan, Monroe, Stevens, McFarland None moved to nominate Assemblymember Jack McFarland for appointment to the Oil Spill Recovery Institute Advisory Board. NOAA authorized the after federal legislation of 1990. He felt it the Kodiak community be moved to amend to include Assemblymember Suzanne Hancock as a nominee. KIBS104708 Volume X V Page 116 VOTE ON MOTION TO AMEND Ayes: Noes: None MOTION CARRIED Unanimous VOTE ON MOTION AS AMENDED Ayes: Gould, Hancock, Milligan, Monroe, Stevens, Fitzjearl, McFarland Noes: None MOTION CARRIED Unanimous Hancock, Milligan, Monroe, Stevens, Fitzjearl, Gould, McFarland INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Kodiak Island Hospital Advisory Board meetings of December 11, 1991, January 8 and February 12, 1992. B. REPORTS REPORTS 1. KIB Financial Report for March 1992. 2. Kodiak Island Hospital Report to Advisory Board on February 21, 1992. 3. KIB School District Financial Report for February 1992. C. OTHER None. CITIZEN COMMENTS Petrina Peterson telephoned to express concern with the School District budget. She thanked Mr. Witteveen, School Board members and staff and appreciated the Assembly listening to citizens. Regular Assembly Meeting April 16, 1992 KIBS104709 OTHER CITIZEN COMMENTS Volume X V Page 117 ASSEMBLYMEMBER ASSEMBLYMEMBER COMMENTS COMMENTS Assemblymember Milligan congratulated Sven Haakensen, Jr. of Port Lions, on being accepted to Harvard. He appreciated Presiding Officer McFarland's conviction in working to resolve the mental health issue. Assemblymember Hancock gave the telephone number to Governor Hickel's office and encouraged the public to call to express an opinion on IFQs. Assemblymember Monroe reassured the public that the mental health issues were being addressed by Mayor Selby, staff and the Mental Health Advisory Board. Assemblymember Gould requested administration to ask the auditors to look into that situation to make sure that we are operating legally. Presiding Officer McFarland asked that a joint Borough /City letter expressing thanks on behalf of the citizens of Kodiak to Governor Hickel and Frank Turpin for removal of the surface on Rezanof Drive. He felt a letter of opinion from the Borough attorney was in order regarding the banning of Mr. Gilbert Wilson from the Borough building until resolution of the mental health issue. He was appalled and felt threatened by the actions of Mr. Wilson and restated the fact that Mr. Wilson's action was inappropriate and would not be tolerated. He explained his vote on the City of Port Lions issue as a concern for where the funds came from and not what it would be used for. He responded to Petrina Peterson by saying that the issue of travel for extra - curricular activities should be brought before the budget review committee and the school board. He was of the opinion that the Kodiak Island Borough was working diligently to control expenses. Regular Assembly Meeting April 16, 1992 KIBS104710 Volume X V Page 118 Presiding Officer McFarland announced the Assembly would meet in joint work session with the City on April 21st in the Borough conference room, a work session on April 23rd in the Borough conference room, and a regular meeting on May 7th in the Assembly Chambers. He announced that because members of the Assembly would be traveling to Juneau to attend the Alaska Municipal League Legislative Committee, there would be no work session on May 30th. GOULD, moved to adjourn ADJOURNMENT seconded by MONROE regular meeting. VOTE ON MOTION MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 11:17 p.m. ATTEST: Donna F. Smith Borough Clerk Regular Assembly Meeting April 16, 1992 KIBS104711 Volume X V Page 119