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1994-04-21 Regular MeetingA RODIAR ISLAND BOROUGH Regular Assembly Meeting April 21, 1994 A regular meeting of the Kodiak Island Borough Assembly was held April 21, 1994 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 Reverend Riley Hunter of the Church of the Nazarene, followed by the Pledge of Allegiance. There were present: Alan Austerman, Presiding John Burt (arrived 7:35 p.m.) Suzanne Hancock Mike Milligan Mary Monroe Absent: Gordon Gould Jack McFarland comprising a quorum of the Assembly; and Linda Freed, Acting Mayor Donna Smith CMC, Clerk Judi Nielsen, Deputy Clerk Assemblymember Gould was out -of -town on business and asked to be excused; Assemblymember McFarland was out -of -town attending the National Association of Development Organizations (NADO) Conference in Washington D.C. as Assembly representative and asked to be excused. MONROE, seconded by MILLIGAN moved to excuse Assemblymembers Gould and McFarland. VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote APPROVAL O? AGENDA AHD CONSENT AGENDA MILLIGAN, seconded by MONROE Clerk Smith read the "Consent Agenda ". moved to approve the agenda and consent agenda. items for consideration under REGULAR MEETING ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA Regular Assembly Meeting Volume XVIII April 21, 1994 Page 105 VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of April 7, 1994. This item was approved under "Consent Agenda ". AWARDS AND PRESENTATIONS Unanimous voice vote Acting Mayor Linda Freed presented the Student of the, Month Award to Zora Pestrikoff, a junior at Old Harbor School. Acting Mayor Linda Freed proclaimed April 20 - 27, 1994 National Week of the Young Child, urging all citizens to recognize the commitment to quality by child care professionals and the importance of early childhood services in our community. She presented the proclamation to Robin Rhodes, Alaska Family Child Care Society, Kodiak Chapter, representative. Acting Mayor Linda Freed proclaimed Wednesday, May 11, 1994 U.S. Coast Guard Cutter Bittersweet Day in recognition of the 50th anniversary of the commissioning of the Bittersweet and its service to Kodiak from March 1, 1945 to August 27, 1947; and from December 2, 1947 to June 30, 1964. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Mary Forbes, Kodiak Audubon Society y onservation chair, voiced support for Resolution No. 94 -16. She had tracked the "470 Fund" Senate Bill (SB) 215 since introduction and felt it was unnecessary legislation that eliminated the Citizens Oversight Council and authorized use of a three -cent portion of the tax for underground storage tank grants that was limited in scope. She felt the Oil Spill Prevention and APPROVAL OF MINUTES AWARDS AND PRESENTATIONS A. Student of the Month STUDENT OF THE MONTH B. Proclamations PROCLAMATIONS WEEK OF THE YOUNG CHILD U.S.C.G.C. BITTERSWEET DAY Acting Mayor Linda Freed proclaimed May 1 - 7, 1994 MUNICIPAL Municipal Clerks' Week in honor of Kodiak Island CLERKS' WEEK Borough Clerk Donna Smith and her staff, and in appreciation to all municipal clerks for the vital services they perform. She presented the proclamation to Clerk Smith. CITIZENS' COMMENTS Regular Assembly Meeting Volume XVIII April 21, 1994 Page 106 1 Response Program was not perfect, but the nickel a barrel source of funding improved the state's ability to respond to catastrophic and small scale oil and hazardous substance spills. She contended that Resolution No. 94 -16 sent a valuable message to House leadership. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Judy Carstens, Mental Health Center Advisory Board member, introduced Martin White, Mental Health Center. Director; Kathy Gravino, Mental Health Center Advisory Board and Personnel Advisory Board member; and Dorothy Weeks, Personnel Advisory Board chair. She favored adoption of Ordinance No. 94 -05 and apprised the Assembly that the Mental Health Center Advisory Board and the Personnel Advisory Board reviewed and unanimously approved reclassification of the Mental Health Center Director and Assistant Director positions. She stated that recruitment for the Assistant Director was unsuccessful because of low salary compared to the high cost -of- living in Kodiak. She noted that previous problems at the Mental Health Center were resolved when the facility was restructured and urged the Assembly to adopt Ordinance No. 94 -05. Dorothy Weeks, Personnel Advisory Board chair, reiterated that the Board unanimously approved the reclassification of both positions at the March 30, 1994 meeting. Assemblymember Burt, Architectural Review Board representative, reported Board discussion on North Star Elementary School, Ouzinkie School, the Hospital and Phase IV of Kodiak High School construction projects. He was disappointed because he felt bond funds should cover the complete cost of construction of North Star Elementary School. He noted the funds would not cover landscaping and parking lot paving. Assemblymember Hancock, Borough Parks and Recreation romp, ittee representative_ attended the joint Borough /City /State Parks and Recreation Committee meeting. She said discussion centered around the $8 million from the criminal portion of the Exxon Valdez settlement. She said Kodiak would vie with other coastal communities, such as the Kenai Peninsula and Prince William Sound, to identify projects linked to the oil spill for submission to receive funds. Regular Assembly Meeting Volume XVIII April 21, 1994 Page 107 Assemblymember Monroe, Kodiak College Council representative, announced the graduation ceremony scheduled at the College Sunday, May 1, 1994 at 3:00 p.m. She encouraged the public to attend. She attended a meeting of Chiniak residents with Clerk Smith where the nucleus of discussion was the possible formation of a service district or second - class city. She said discussion was prompted by the impending rocket launch facility and the potential disposition of Native lands. Assemblymember Milligan, Cook Inlet Regional Citizens Advisory Council (CIRCAC) representative, stated that concerns he expressed at the last Assembly meeting regarding an oil spill from a platform were addressed at the Council's annual meeting. He said response by the Coast Guard and the oil company response organization, CISPRY, was excellent and within hours of the spill there was total deployment. He was upset that the spill occurred because there were standard operating procedures in place. He announced that the newly - elected acting president of the Council was Betty Glick, past Alaska Municipal League president, from the Kenai Peninsula. He felt Ms. Glick was an excellent addition to the Council because of her knowledge of parliamentary procedures. PUBLIC SEARING 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. 94 -04 Amending Kodiak Island ORDINANCE Borough Code Section 17.09.010 Districts NO. 94 -04 Established. Presented for consideration was Ordinance No. 94 -04 which, if adopted, amended KIBC 17.09.010 by adding zoning districts adopted but omitted from the list of classifications. MONROE, moved to adopt seconded by MILLIGAN Ordinance No. 94 -04. Acting Mayor Linda Freed explained that in September, 1992 the Kodiak Island Borough adopted four new zoning districts and regulations. She said the new districts, LI- -light industrial, RB -- retail business and RNC- -rural neighborhood commercial, were Regular Assembly Meeting Volume XVIII April 21, 1994 Page 108 inadvertently left out of the classification section of the code and the ordinance corrected the oversight. Deputy Presiding Officer Austerman called for public testimony; hearing and seeing none, he reconvened the regular meeting. VOTE ON MOTION TO ADOPT Ayes: OLD BUSINESS None. NEW BUSINESS None. 7 Burt, Hancock, Milligan, Monroe, Austerman Noes: None Absent: Gould, McFarland MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Acting Mayor Linda Freed announced receipt of a petition for annexation to a city within a borough, prepared by the City of Kodiak, for the annexation of Service District No. 1 area. She read the City's request that the Borough review the documents and provide comments and give consideration to specific language in the document. She noted that part of the transition plan stated by the City of Kodiak was that assets such as the Bayside fire station, water and sewer lines, pump stations and roads would become assets of the City, as well as the service districts' fund balance. She said a concern of the City was that the Local Boundary Commission set a deadline for consideration of the petition in time for the October 4, 1994 election that made it necessary to submit the documents this week. At questions raised, Acting Mayor Freed stated her intent to discuss the document with Mayor Selby as she felt some annexation issues were not accurately reflected. OLD BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS Regular Assembly Meeting Volume XVIII April 21, 1994 Page 109 B. RESOLUTIONS RESOLUTION? 1. Resolution No. 94 -16 Urging the Alaska RESOLUTION State Legislature to Prioritize Oil Spill NO. 94 -16 Prevention Plans. Presented for consideration was Resolution No. 94 -16 which, if adopted, urged the Alaska State Legislature to prioritize prevention planning in regard to any possible division of the so- called "470 Fund" until such a time as that prevention planning had been completed. MILLIGAN, moved to adopt seconded by MONROE Resolution No. 94 -16. Acting Mayor Freed explained that the resolution was in response to Senate Bill (SB) 215, which dealt with the "470 Fund" that was established after the Exxon Valdez oil spill. She said the "470 Fund" was funded by the nickel a barrel surcharge on oil that flowed through the Trans - Alaska pipeline and was used by the Department of Environmental Conservation (DEC) for hazardous waste and oil spill prevention and clean- up. She said DEC went through a legislative audit that indicated that all expenditures were appropriate and legal. She deferred to Assemblymember Milligan. Assemblymember Milligan explained that House Bill (HB) 238 was the companion bill to SB 215. He explained that the "470 Fund', although created before the nickel a barrel surcharge was enacted, was funded by the nickel a barrel surcharge and fines and penalties. He said controversy arose out of the legislation to use the nickel between two funds - -one that funded prevention and one that funded responses that municipalities could access in the event of an emergency or the eminent threat of an emergency. He felt that, although the resolution was generic and not forceful, it was needed. He recalled that the Kodiak Island Borough was instrumental in initiating efforts for legislation introduced by Senator Zharoff. He said the "Fund" allowed communities to access up to $10 million for clean -up when an emergency was declared by the governor. MILLIGAN, seconded by MONROE Regular Assembly Meeting April 21, 1994 loved to amend in the third whereas to include the word: "the" after the word: "as ". Assemblymember Milligan explained that his amendment was purely grammatical. Volume XVIII Page 110 r 7 1 There was no discussion by the Assembly. VOTE ON MOTION TO AMEND Ayes: Hancock, Milligan, Monroe, Burt, Austerman Noes: None Absent: Gould, McFarland MOTION CARRIED Unanimous Assemblymember Burt understood the intent but was concerned about Borough liability. Assemblymember Milligan understood Assemblymember Burt's concern but asserted that funds were accessed by the governor's declaration of emergency and that set the matrix for the attorney general to initiate fund recapture, so the liability for the Borough was non - existent. Assemblymember Burt contended that the liability was there for the state and, therefore, essentially for the Borough. He felt additional information was needed. Assemblymember Milligan argued that the statute that enacted the "470 Fund" removed state liability, and he reiterated that once funds were accessed, litigation to recapture the funds was initiated. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Milligan, Monroe, Hancock, Austerman Noes: Burt Absent: Gould, McFarland MOTION CARRIED 4 Ayes, 1 No 2. Resolution No. 94 -17 Establishing Board of RESOLUTION Equalization Dates for the Year 1994. NO. 94 -17 Presented for consideration was Resolution No. 94 -17 which, if adopted, established Board of Equalization hearing of appeals from the 1993 assessments of real and personal property within the Kodiak Island Borough, Alaska on Monday, May 9, 1994 at 7:00 p.m. in the Kodiak Island Borough assembly chambers and to continue from day to day as established by the Regular Assembly Meeting Volume XVIII April 21, 1994 Page 111 7 borough assessor and the borough clerk until all properly filed appeals have been heard. MONROE, moved to adopt seconded by MILLIGAN Resolution No. 94 -17. Acting Mayor Linda Freed explained that the resolution established Board of Equalization hearing dates required by Alaska State Statutes. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION Monroe, Burt, Hancock, Milligan, Austerman None Gould, McFarland Unanimous 1. Ordinance No. 94 -05 Amending the Personnel Rules and Regulations by Updating Position Descriptions. (Director of the Mental Health Center and Mental Health Center Assistant Director) Presented in first reading was Ordinance No. 94 -05 which, if adopted, amended Personnel Rules and Regulations Schedule II, Class Titles and Pay Ranges for Mental Health Center Director and Assistant Director by upgrading the job positions. MONROE, seconded by MILLIGAN moved to advance Ordinance No. 94 -05 to public hearing on May 5, 1994. Acting Mayor Freed explained that the Mental Health Center Advisory Board and Personnel Advisory Board recommended re- evaluation of the Mental Health Center director and assistant director classifications and pay pay ran She d e f erred to Ma rtin White, Mental 4 Health Center Director, to answer questions. Assemblymember Monroe, past Mental Health Center Advisory Board representative, recalled that the Board, staff and Mayor Selby gave intense thought to the internal structure of the Center. She felt strongly that the assistant director would supervise ORDINANCES FOR INTRODUCTION ORDINANCE NO. 94 -05 Regular Assembly Meeting Volume XVIII April 21, 1994 Page 112 z l 1 clinical staff because the director had several sub - departments to oversee, as well as grant writing and community outreach programs. At the request of Deputy Presiding Officer Austerman, Director White explained that recruitment for an assistant director was unsuccessful because, although the position was offered to a qualified candidate, the candidate did not accept the position due to salary concerns. He said the Board subsequently recommended review of classification prior to additional recruitment efforts. At the Board's direction, he collected salary information from three factors; 1. Consumer Price Index, 2. Cost of Living Index, and 3. Market Basket Survey. He said the salary information was in the assembly packet. Deputy Presiding Officer Austerman noted that additional Mental Health Center staff was added with the intent to collect delinquent account receivables to alleviate using general fund monies. He asked if the change in pay range would affect the Center's budget and reduce general fund use. Director White explained that the positions were built into the budget because they were previously approved. He said proposed reclassification allowed the Borough to be competitive in terms of hiring staff that generated revenue from services not previously expanded to. He further explained that expertise in areas of group psychotherapy was essential to the development of health care in Kodiak. He said a qualified assistant director with good clinical credentials would supervise clinical staff and provide continued development in clinical services. At Assemblymember Burt's question about the status of hiring a psychiatrist, Director White noted that the Mental Health Center Advisory Board and Hospital Advisory Board passed resolutions favoring immediate recruitment of a psychiatrist. When Assemblymember Milligan asked what immediate difference the public would notice, Director White answered the support clinical function and implementing plans to expand areas of need_ He addoA that the assistant director will also provide direct services to reduce the case load for efficient delivery of services. At questions raised by Assembly Burt, Director White explained that an advisory task force, comprised of individuals from different agencies in the community, Regular Assembly Meeting Volume XVIII April 21, 1994 Page 113 VOTE ON MOTION TO ADVANCE Ayes: 7 was assembled to review candidate applications with the intent to maximize coordinated services. He informed the Assembly that down - sizing of the Alaska Psychiatric Institute caused a need for the Mental Health Center and hospital to work cooperatively to develop a certificate of need for psychiatric beds at the hospital. In terms of national health care, he felt the Borough was proactive and responsible regarding mental health and general medical services. He was a proponent of community -based services. Burt, Hancock, Milligan, Monroe, Austerman Noes: None Absent: Gould, McFarland MOTION CARRIED Unanimous 2. Ordinance No. 94 -06 Repealing Kodiak Island ORDINANCE Borough Code Section 2.39.045 Financial NO. 94 -06 Responsibility and Adding Chapter 2.19 Financial Responsibility Presented in first reading was Ordinance No. 94 -06 which, if adopted, defined financial responsibility for elected officials serving on boards and commissions. This item was advanced to public hearing on May 5, 1994 under "Consent Agenda ". D. OTHER ITEMS OTHER ITEMS 1. Architectural Review Board Member ARB RESIGNATION Resignation. MILLIGAN, seconded by MONROE moved to accept, with regret, the resignation of Architectural Review Board Member Ron Chase, and direct the Clerk to advertise t tilt valiancy per borough code. Assemblymember Burt regretted to see Mr. Chase resign because the Board was comprised of knowledgeable individuals. He felt there was a need for more cooperation. Regular Assembly Meeting Volume XVIII April 21, 1994 Page 114 Assemblymember Milligan concurred with Assemblymember Burt's comments. He felt Mr. Chase provided a valuable service because he had long -term historical experience with Kodiak buildings. Deputy Presiding Officer Austerman thanked Mr. Chase for serving on the Board and for providing helpful insight for Assembly decisions. VOTE ON MOTION TO ACCEPT Ayes: Noes: Absent: MOTION CARRIED 2. Kodiak High Preliminary MONROE, seconded by MILLIGAN Noes: Absent: MOTION CARRIED 1 Hancock, Milligan, Monroe, Burt, Austerman None Gould, McFarland Unanimous School Alteration, Phase IV Drawings. moved to approve the Kodiak High School Alteration, Phase IV Preliminary Drawings. Acting Mayor Freed referred to a memo from Steve Hobgood, Engineering /Facilities Director, and draft copies of minutes from the Board meeting. She deferred to Assemblymember Burt as he attended the Board meeting. Assemblymember Burt stated the first set of prints received were not legible but the second set of prints were approved because the Board was comfortable with the prints as conceptuals. There was no discussion by the Assembly. VOTE ON MOTION TO APPROVE Ayes: Milligan, Monroe, Burt, Hancock, Austerman Gould, McFarland Unanimous KODIAK HIGH SCHOOL ALTERATION PHASE IV Regular Assembly Meeting Volume XVIII April 21, 1994 Page 115 3. Appointment to Personnel Advisory Board. MONROE, seconded by MILLIGAN Assemblymember Milligan felt Ms. Jamin would be a benefit to the Board because she had a long -term connection with the community through the community college. Although Assemblymember Burt felt Ms. Jamin was well qualified, he was concerned with a potential conflict of interest because her application was solicited by the Mental Health Center director. VOTE ON MOTION TO APPOINT PERSONNEL ADVISORY E moved to appoint APPOINTMEN's Christine Jamin to a seat on the Personnel Advisory Board to expire December 31, 1996. MILLIGAN, seconded by MONROE 1 a A 7 n Ayes: Monroe, Hancock, Milligan, Austerman Noes: Burt Absent: Gould, McFarland MOTION CARRIED 4 Ayes, 1 No Acting Presiding Officer Austerman appreciated all who served as public service volunteers. He congratulated Ms. Jamin on her appointment. 4 Vacation of a Twenty Foot (20') Construction and Maintenance Easement Located Along the Front Lot Line on Lot 12, Mountain View Subdivision adjacent to Mountain View Drive. (1417 Mountain View Drive) moved to approve the vacation of a 20 foot construction and maintenance easement located along the front 1 nt l i n o of T 11 Mountain View Subdivision adjacent to Mountain View Drive. Acting Mayor Freed informed the Assembly that the Planning and Zoning Commission approved the vacation request. VACATION Regular Assembly Meeting Volume XVIII April 21, 1994 Page 116 There was no discussion by the assembly. VOTE ON MOTION TO APPROVE Ayes: I n Burt, Hancock, Milligan, Monroe, Austerman Noes: None Absent: Gould, McFarland MOTION CARRIED Unanimous INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHEF MEETINGS 1. Parks and Recreation Committee Regular Meetings of November 9, 1993, February 8 and March 22, 1994. 2. Kodiak Island Borough School District Board Special Meeting of April 4, 1994. 3. Architectural Review Board Meeting of April 5, 1994. 4. Data Processing Steering Committee Meeting of March 18, 1994. B. REPORTS REPORTS 1. Community Development Department January 1994 Status Report. C. OTHER OTHER None. CITIZEN COMMENTS CITIZEN COMMENTS None. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Milligan thanked the City of Kodiak for the surplus vehicle donated to the City of Ouzinkie. He felt the donation was a true show of community spirit. He announced that Earth Day was approaching and he was cleaning -up his yard. He felt the metal removal project was fantastic and appreciated community support. Regular Assembly Meeting Volume XViii April 21, 1994 Page 117 He was concerned that a single architectural firm was contracted for all phases of the high school. Assemblymember Monroe thanked Acting Mayor Freed and Mayor Selby for the child care proclamation. She felt that child care workers benefited the community and were under celebrated. Assemblymember Hancock congratulated Clerk Smith and staff. She appreciated the clerk's office as the representative between the Assembly and the community. She thanked Mr. Chase and encouraged individuals with building expertise to apply for a seat on the Architectural Review Board. Deputy Presiding Officer Austerman congratulated Zora Pestrikoff as student of the month. He appreciated the Coast Guard's commitment to the community and thanked Acting Mayor Freed and Mayor Selby for the proclamation to the U.S.C.G.C. Bittersweet. He congratulated Clerk Smith and staff and hoped for a good International Institute of Municipal Clerks conference. He encouraged individuals to apply for boards and commissions seats. Deputy Presiding Officer Austerman announced the Assembly would meet in a work session on Thursday, April 28, 1994 at 7:30 p.m. in the borough conference room and a regular meeting on May 5, 1994 at 7:30 p.m. in the assembly chambers. MILLIGAN, moved to adjourn. ADJOURNMENT seconded by MONROE VOTE ON MOTION TO ADJOURN MOTION CARRIED ATTEST: orough Clerk Approved: /4/94 Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 8:43 p.m. e rng Officer Regular Assembly Meeting Volume XVIII April 21, 1994 Page 118