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1992-05-07 Regular Meetingabsent: GOULD, seconded by MILLIGAN KODIAK ISLAND BOROUGH Regular Assembly Meeting May 7, 1992 A regular meeting of the Kodiak Island Borough Assembly was held May 7, 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 Envoy Craig Fanning of the Salvation Army, followed by the Pledge of Allegiance. There were present: ROLL CALL Mary Monroe, Presiding Betty Fitzjearl Gordon Gould Suzanne Hancock Mike Milligan Jack McFarland (out -of -town) Gary Stevens (out -of -town) comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Donna Smith, Borough Clerk Jane Edmonds, Records Coordinator moved to excuse Assemblymember McFarland due to business related travel and Assemblymember Stevens due to being out -of -town. Assemblymembers McFarland and Stevens were out of town and asked to be excused. VOTE ON MOTION Ayes: Fitzjearl, Gould, Hancock, Milligan, Monroe Noes: None Absent: Stevens, McFarland MOTION CARRIED Unanimous Regular Assembly Meeting May 7, 1992 REGULAR MEETING KIBS104714 Volume X V Page 122 APPROVAL OF APPROVAL OF AGENDA AGENDA GOULD, moved to approve agenda seconded by HANCOCK as submitted. VOTE ON MOTION Ayes: Gould, Hancock, Milligan, Fitzjearl, Monroe Noes: None Absent: Stevens, McFarland MOTION CARRIED Unanimous APPROVAL OF MINUTES A. KIB Assembly Regular Meeting of April 16, 1992. MILLIGAN, seconded by GOULD VOTE ON MOTION Ayes: moved to approve minutes of April 16, 1992. Hancock, Milligan, Fitzjearl, Gould, Monroe Noes: None Absent: Stevens, McFarland MOTION CARRIED Unanimous AWARDS AND PRESENTATIONS Mayor Selby presented the Employee of the Month award to Kaye McClain, secretary III in the Engineering/ Facilities Department. Mayor Selby proclaimed May 1st through 8th Elks National Youth Week, urging all departments of government, civic, fraternal and patriotic groups, and our citizens generally, to participate wholeheartedly in its observance. Regular Assembly Meeting May 7, 1992 KIBS104715 APPROVAL OF MINUTES AWARDS AND PRESENTATIONS A. Employee of the Month EMPLOYEE OF THE MONTH B. Proclamation PROCLAMATION Volume X V Page 123 CITIZEN COMMENTS CITIZEN COMMENTS A. Agenda Items Not Scheduled For Public Hearing Ginny Sargent telephoned and stated she was displeased with the State audit of the Mental Health Center and felt a private audit was necessary. B. Items Other Than Those Appearing on the Agenda James Wilson attended the meeting with the State Mental Health auditors and responded to many items in their report. He encouraged the public to listen carefully to the auditors report as he felt it was analogous to what local advocates had been saying for years. It was his opinion that administration dollars take away from program dollars and that agency administrators had failed in their appointed tasks. Jeanne Peschier spoke to her experience with the Mental Health Center and felt her case was administered inappropriately and without concern for her well being. Tom Sweeney agreed that some causes of mental illness should be treated with taxpayers dollars but was opposed to treatment for those with mental illness caused by abuse of alcohol or drugs. Francis Cater reproved Mr. Sweeney's comments and felt it was that type of stigma that caused archaic attitudes about mental illness. She stated that current research supported the conviction that brain disorders were a major cause of mental illness. Kathy Granholm telephoned and voiced the opinion that mental health services in Kodiak were deficient. She felt that her brother, Ray Sargent, a resident at the RTP, was an example of someone who had received incompetent care. COMMITTEE REPORTS A. State Mental Health Report Mayor Selby introduced Dr. Leonard Abel, Community Mantel Uanith Qarn4ncc Drnnrmm DAm -0n4etr -ter 4n thc State Division of Developmental Disabilities, Patrick Aloia, State Mental Health Regional Coordinator, and Bob Hammaker, statewide Community Support Program Coordinator. Regular Assembly Meeting May 7, 1992 HIBS104716 COMMITTEE REPORTS STATE MENTAL HEALTH REPORT Volume X V Page 124 Dr. Abel reported on an on -going site review of all Mental Health Center programs. He found there were drafts of the Policies and Procedures Manual, to which he had made recommendations for changes and more specifically additions regarding the residential program. He pointed out that the Manual was a living document that constantly changed as programs changed. He noted that previously the clinical records appeared in poor condition but now those records were at acceptable standards. In the investigation of complaints about misuse of grant funds, the Division primarily looked at whether the Center followed the language, regulations, and conditions of the award and if there were violations by the agency not delivering the services. He emphasized that there was no indication that actions of the Mental Health Center staff affected services. He added that the audit showed no significant problem with fund use. His recommendation was to spread administrative costs across all grants. He finished his report by saying the investigation was concluded and the issue closed. He added that he would be back to provide technical assistance as what was in place was workable. At questions of the Assembly, Mr. Hammaker declared that financial matters of clients were confidential in nature and were not shared with family members unless the family member was the appointed guardian. Assemblymember Fitzjearl reviewed the four important issues of the audit and questioned the fact that the Mental Health Center operated without a Policies and Procedures Manual for the past eight years. She read from the Alaska Administrative Code Section that required that a Policies and Procedures Manual be in place and be reviewed yearly. Mr. Hammaker was elusive in his response but stated that although it may not have been adequate, he understood that a Policies and Procedures Manual had existed. At Assemblymember Fitzjearl's question on trust accounting, Karl Short, KIB finance director, responded that the problems in trust accounting were reconciled and statements scheduled to be sent to clients or guardians monthly. Assemblymember Milligan queried if the audit was conducted based on random sampling or voiced complaints, to which Mr. Aloia responded that it was conducted based on both as well as knowledge of past audit problem areas. He emphasized the fact that if the problems were not resolved, there would be Regular Assembly Meeting May 7, 1992 KIBS104717 K Volume X V Page 125 financial consequences. He stated there was a time constraint in resolving problem areas so that there was no harm to clients. Assemblymember Milligan was of the opinion that mental health services in Kodiak were inadequate and asked how they compared to other state and national mental health care centers. Mr. Aloia responded that although some deficiencies were found in other centers, there were several deficiencies found in the Kodiak Center. He felt that once the resolutions to problems were accomplished, Kodiak would have a very workable center. Assemblymember Hancock asked if grant funds would be affected if the Mental Health Center returned to non- profit status, to which Mr. Aloia stated the funds would still be available to the community. Assemblymember Gould inquired where funds came from to support the program for the remainder of the year. Mr. Aloia stated funding was available through the end of the quarter and that funding for the next fiscal year was scheduled for July 1, 1992. Assemblymember Milligan attended AML in Juneau where IFQ issues and Kodiak water, roads and the new hospital were discussed. After a ten minute recess at 9:20 p.m., Acting Presiding Officer Monroe reconvened the Assembly. PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR PUBLIC HEARING MESSAGES FROM MAYOR Mayor Selby proclaimed May 1992 Mental Health Month, PROCLAMATION urging all Kodiak Island Borough citizens to join in recognizing the importance of mental health care in our nation and our community. He presented the proclamation to Jim Carmichael, Mental Health Center Advisory Board member. Mr. Carmichael accepted the proclamation and expressed appreciation for the efforts of Mental Health Center staff. Mayor Selby thanked those who came forward with KIBS1O4718 concerns about the Mental Health Center. He felt the Regular Assembly Meeting May 7, 1992 Volume X V Page 126 audit allowed staff to concentrate on areas of concern and continue providing conscientious care. He attended the Alaska Municipal League and reported working on the design of the Alaska Marine Highway replacement vessel. He announced the upcoming meeting in Kodiak of the Southwest Alaska Municipal Conference and invited public participation. While in Juneau, he met with Senator Zharoff and Representative Davidson to discuss IFQs and the new hospital as well as with Lt. Governor Coghill and Paul Fuhs about capital projects, IFQs and the new hospital. Mayor Selby reported meeting with John Sander, Commissioner of the Department of Environmental Conservation, where they discussed the city water and sewer problems. He said approximately 150 Alaskan communities were required to set -up filtration systems and that DEC staff would assist with securing funding. He added he had meetings regarding hospital funding with Joe Hobert, Mark Boyer, and Representative McLean. Locally, the Mayor worked with the fishing industry to develop a package of traditional management tools to establish the fact that analysis of the IFQ issue was necessary. He reported attending the local Exxon Valdez Restoration Committee meeting and the Exxon Valdez Trustee staff meeting. He said $30 million was targeted for Kodiak projects and that June 15th was the scheduled date for submission of the project list. He announced a meeting of the Borough and City of Kodiak Parks and Recreation Committees and the State Parks Citizens Advisory Board scheduled for Tuesday, May 12th. OLD BUSINESS None. NEW BUSINESS A. BID AWARDS BID AWARDS 1. Contract No. 92 -12 Lawn, Garden & Grounds CONTRACT for the 1992 Season. NO. 92 -12 Regular Assembly Meeting May 7, 1992 KIBS104719 OLD BUSINESS NEW BUSINESS Volume X V Page 127 GOULD, seconded by MILLIGAN moved to award Contract No. 92 -12, Lawn, Garden & Grounds Contract for the 1992 Season to Matt's Lawn & Garden Care of Kodiak, Alaska, in an amount not to exceed $15,952.81. Mayor Selby explained that the contract was for maintenance of the Borough Building grounds and parks. VOTE ON MOTION Ayes: Milligan, Fitzjearl, Gould, Hancock, Monroe Noes: None Absent: Stevens, McFarland MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 92 -18 Disposing of a 579 RESOLUTION Square Foot Portion and a 890 Square Foot NO. 92 -18 Portion of the Main Elementary School Site to be Used as Part of the Mill Bay Road Reconstruction Project (Portions of Tract C, U.S. Survey 2538B) (Generally Located at the Corner of Powell Avenue and Mill Bay Road). If adopted, Resolution No. 92 -18, initiated by the City of Kodiak, disposed of property that facilitated the Mill Bay Road reconstruction project. FITZJEARL, moved to adopt seconded by GOULD Resolution No. 92 -18. Mayor Selby explained that in order to facilitate the Mill Bay Road reconstruction project, the resolution disposed of Borough property to the City of Kodiak at fair market value. VOTE ON MOTION Ayes: Regular Assembly Meeting May 7, 1992 Fitzjearl, Gould, Hancock, Milligan, Monroe KIBS104720 Volume X V Page 128 Noes: None Absent: MOTION C Stevens, McFarland ARRIED U nanimous 2. Resolution No. 9 2 -19 Urging the Secretary of Commerce to Return the IFQ Proposal to the North Pacific Fishery Management Council until Analysis and Comparison of the Traditional Management Package is Completed. Resolution R p If I adopted, el If ado to return No. 92 -19 urged the of Fishery urn the IFQ proposal to Secretary Pacific y Management Council to the North alternative ernproposed ve methods of fisheries review any given fishery, management that are MILLIGAN, seconded by HANCOCK moved to adopt Resolution No. 92 - 19. Mayor Selby reported the proposal, as s ubmitted to Governor Hickeys office, requested that the Secretary of Commerce return the IFQ for completion important of Q Proposal to the any proposal. H stwassei before adoption of atan felt it unified on i mportant for the community to be the issue. VOTE ON MOTION Ayes: Gould, Hancock, Milligan, Fitzjearl, Noes: Monroe None Absent: Stevens, McFarland MOTION CARRIED Unanimous C . ORDINANCES FOR INTRODUCTION ORDINANCES FOR 1• Ordinance No. 92 -07 INTRODUCTION B ]1 Amending Kodiak Island ORDINANCE g Code 17.57 (Off- street Parking) to Include Provisions Similar to Those Contained Within the NO. 92-07 D isabilities Amer With Corner Clearance (ADA) eve' ewa to Require c for Driveway in first Access. which rst reading was Ordinance No. 92 -07 if adopted, amended Chapter 17.57 of the Kodiak Island Borough Code to require corner 2 learance for driveway access as required by the ADA. tegular Assembly Meeting fay 7, 1992 KIBS104721 R ESOLUTION NO. 92 -19 vale Z y Pee La FITZJEARL, moved to advance seconded by GOULD Ordinance No. 92 -07 to public hearing on May 21, 1992. Mayor Selby reported that the Planning and Zoning Commission conducted a review of Chapter 17.57 and recommended revisions to include provisions consistent with the ADA. Linda Freed, Community Development Department Director, explained that the issue of driveway clearance access was reviewed and that revisions to Chapter 17.57 were consistent with the ADA. She said the revisions were applicable only to new construction and /or buildings where use has changed. VOTE ON MOTION Ayes: Regular Assembly Meeting May 7, 1992 Hancock, Milligan, Fitzjearl, Gould, Monroe Noes: None Absent: Stevens, McFarland MOTION CARRIED Unanimous 2. Ordinance No. 92 -08 Rezoning Tracts I -1 and ORDINANCE I -2, U. S. Survey 3218 from RR - 1- -Rural NO. 92 -08 Residential to B Business (3137 and 3181 Mill Bay Road). Presented in first reading was Ordinance No. 92 -08 which, if adopted, rezoned tracts of land from rural residential to business to be consistent with the comprehensive plan and with the trend of small lot commercial development along Mill Bay Road. FITZJEARL, seconded by GOULD moved to advance Ordinance No. 92 -08 to public hearing on May 21, 1992. Mayor Selby explained that this was a rezone request initiated by the property owner and that the Planning and Zoni C omm i s and Zoning Commission expanded the proposed rezone to include one additional lot. Linda Freed defined the property as surrounded by business zoning and in line with the Comprehensive Plan. KIBS 104722 Volume X V Page 130 VOTE ON MOTION Ayes: Milligan, Fitzjearl, Gould, Hancock, Monroe Noes: None Absent: Stevens, McFarland MOTION CARRIED Unanimous D. OTHER ITEMS 1. Mental Health Center Advisory Board Member Resignation. A letter of resignation was received from Mental Health Center Advisory Board member Richard Gaines. GOULD, seconded by FITZJEARL VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED GOULD, seconded by rsthoLARL Regular Assembly Meeting May 7, 1992 moved to accept Richard Gaines' resignation from the Mental Health Center Advisory Board and to advertise the vacancy as per borough code. Appreciation was expressed to Richard Gaines for his serve on the Board. Fitzjearl, Gould, Hancock, Milligan, Monroe None Stevens, McFarland Unanimous 2. Request to Hire Engineering /Facilities Director at Salary Range 24.5 Step D. moved to approve hiring an Engineering/ Facilities Director at salary range 24.5, step D. Mayor Selby explained that current market conditions and the applications received for the position KIBS104723 OTHER ITEMS MENTAL HEALTH CENTER ADVISORY BOARD MEMBER RESIGNATION ENGINEERING/ FACILITIES DIRECTOR Volume X V Page 131 indicated that the Borough was unable to attract qualified applicants at the present entry salary. VOTE ON MOTION Ayes: Gould, Hancock, Milligan, Monroe Noes: Fitzjearl Absent: Stevens, McFarland MOTION CARRIED 4 Ayes, 1 No 3. Rural Development Assistance (RDA) Grant for an Import Feasibility and Support RURAL Project. DEVELOPMENT ASSISTANCE GRANT GOULD, seconded by FITZJEARL moved to accept Rural Development Assistance (RDA) Grant for an Import Feasibility and Support Project monies of $30,000 and include in FY93 budget. Mayor Selby explained that the grant award of $30,000 was from the Community and Regional Affairs Department under the RDA program designed to identify and support development of the local economy. VOTE ON MOTION Ayes: Noes: None Absent: Stevens, McFarland MOTION CARRIED Unanimous 4. Vacation of 20' Wide Easement Along the Lot VACATION OF Line Common Between Lots 1C and 1D, Bells Flats Alaska Subdivision (10964 and 10965 EASEMENT Middle Bay Drive). FITZJEARL, seconded by GOULD Regular Assembly Meeting May 7, 1992 Hancock, Milligan, Fitzjearl, Gould, Monroe moved to approve the vacation of a 20' wide easement along the lot line common between lots 1C and 1D, Bells Flats Alaska KIBS104724 Volume X V Page 132 Subdivision (10965 and 10965 Middle Bay Drive). Mayor Selby reported that an accessory building was inadvertently built across a lot line and a utility easement. He said no objection was received concerning the vacation of the platted utility easement. VOTE ON MOTION Ayes: Milligan, Fitzjearl, Gould, Hancock, Monroe Noes: None Absent: Stevens, McFarland MOTION CARRIED Unanimous INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Planning & Zoning Commission regular meeting of March 18, 1992. 2. Mental Health Center Advisory Board work session notes of March 23 and regular meeting of March 9, 1992. B. REPORTS REPORTS 1. Community Development Department January and February 1992 Status Reports. C. OTHER None. CITIZEN COMMENTS OTHER CITIZEN COMMENTS Jeanne Peschier felt the Mental Health Center staff was unable to deliver proper mental health care. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Milligan mentioned articles on the IFQ issue and felt it was important to pay attention to public opinion. The Assembly extended congratulations to Clerk Donna Smith on receiving her Associate of Applied Science Degree in Office Management and Technology. Regular Assembly Meeting May 7, 1992 KIBS1047 Volume X V Page 133 Assemblymember Hancock announced teacher appreciation week and expressed gratitude to all teachers. She urged the community to be united on the IFQ issue. She said the Mental Health Center Policies and Procedures Manual set guidelines for submitting client services complaints. Assemblymember Fitzjearl appreciated public comment on Mental Health Center concerns and felt that a healing process had begun. Assemblymember Gould congratulated Employee of the Month recipient, Kaye McClain. He clarified his statement of April 16th that he requested the mayor to ask the auditors to look into a situation to ensure operations were legal. Acting Presiding Officer Monroe appreciated the efforts of the Developmentally Disabled staff. She felt that continued support and involvement of the community was important. Acting Presiding Officer Monroe requested approval from the Assembly for travel, lodging and registration expenses to attend a meeting of the Alaska Alliance of the Mentally I11. HANCOCK, seconded by GOULD VOTE ON MOTION Ayes: Regular Assembly Meeting May 7, 1992 moved to approve ASSEMBLYMEMBER Assemblymember Monroe's TRAVEL travel to Anchorage to attend a meeting of the Alaska Alliance of the Mentally I11. Fitzjearl, Gould, Hancock, Milligan, Monroe Noes: None Absent: Stevens, McFarland MOTION CARRIED Unanimous Acting Presiding Officer Monroe announced the Assembly would meet in joint work session with the City y o n Ma , 2 tL __ _, .,.. May �� "� at 7;30 p. m. in the city conference room, a work session on May 14th at 7:30 p.m. in the borough conference room, and regular meeting on May 21st at 7:30 p.m. in the assembly chambers. KIBS104726 Volume X V Page 134 EXECUTIVE SESSION 1. Mental Health Center Personnel, Client and Financial Issues. FITZJEARL, seconded by MILLIGAN moved to executive session to discuss Mental Health Center personnel, client and financial issues. At Acting Presiding Officer Monroe's question of discussing personnel matters in public or executive session, Dr. Baglien expressed a desire to discuss it in executive session. VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED The Acting Presiding meeting to executive The Acting Presiding meeting. MILLIGAN, seconded by GOULD VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED Regular Assembly Meeting May 7, 1992 Officer session. officer Gould, Hancock, Milligan, Fitzjearl, Monroe None Stevens, McFarland Unanimous recessed the regular reconvened the regular moved to extend the meeting 30 minutes. Hancock, Milligan, Fitzjearl, Gould, Monroe None Stevens, McFarland Unanimous Acting Presiding Officer Monroe recessed the regular meeting to executive session. KIBS1047 EXECUTIVE SESSION Volume X V Page 135 The Acting Presiding Officer reconvened the regular meeting and announced no action would be taken as a result of the executive session. FITZJEARL, moved to adjourn. ADJOURNMENT seconded by GOULD VOTE ON MOTION MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 11:59 p.m. ATTEST: onna F. Smith Borough Clerk Regular Assembly Meeting May 7, 1992 arland fic k L. M esiding KIBS104728 Volume X V Page 136