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1979-06-07 Regular MeetingKODIAK IISIMD�BOROUGH FSS�MBLY IE�TING-JU:-IE 72 1979 F F I CALL TO ORDER The meeting was called to order at 6:37 P.M. by Mayor Betty J. Wallin in the Borough Assembly Chambers. II ROLL CALL Present Dr. i chael Emmick Fir. Arnold Hansen Itr. Edward Jack Mrs. Sandra Kavanaugh Mr. Dan Ogg Mrs. Betty J. Wallin, &-bsent Iir. 411liam Fearn (excused) (family il]niess) (arr. 6:50 P.M.) Mayor A quorum was established. III 6CCEPTANCE OF AGENDA flr. Peotter mgy_ed to add.. £rom_ . Appearances o Mrs IV NINUTES OF PREVIOUS MEETINGS A. Assembly, Special -April 30, 1979 B. Assembly, Regular -May 3, 1979 17 by ived for approval of items A and B under IV. _Jack. Motion carried )_unanimous'roll call moved to repeat 'rirs. Kavanaugh! s _motion..,. of hat since_ theCDos Aa�Proj.ec is 41ed. the KIB_. that_ a letter be sent in full vog_.Bay_financing_.and have the Clerk/Treasurer er. _Seconded by_ Mr._ Hansen. ,Motiosea.rried 4-_l; __Hansen1 14r, 0gg and_ iir._.Peotter vgted Y$S. Faith. MINUTES OF OTHER MEETINGS A. School Board -flay 14 and 21, 1979 B. P & Z Commission-I;ay 18 E Continuation 1IF.y 24, 1979 C. Mental Health -April 18, 1979 D. B.O.E.-flay 15, 1979 1 VI COFIMUNICATIONS E APPEARAHCES A. O.E.D.P. Appointments. Mayor Wallin_ read the communication and recommended the appointment of John A. Parker and JoanP_.ied Beer -to replace Carl Beer and Kim Roesner. Mr. J-i.ck_so moved. Seconded by Mr. Ogg .._Motion carried_ bv'gnan mous roll callyoute. B. Landscaping 6 Painting of Cottages -Jane Petrich. 'Iayor Wallin read the correspondence. Iirs. Kavanaugh arrived at 6:50 P.M. Mayor Wallin will inform KANA that because KNIA had informed the manager that they might not need the dorms this coning year and because there are other requests for the dormitories they may not get their lease renewed. iio acticn necessary. C. Kodiak Lumber Bills, Afognak Log Yard. Mayor Wallin read correspondence requesting a letter of non -objection to the addition of a deep water dock at Discoverer Bay on Afognak Island. ,tssrs. Albert Shafer and John Daly made their present- ation and explained the scale drawing. fir. Peotter moved that the manager be directed to write a letter of non -objection to Department of Army Alaska i)istrict,_Corps_ of 17ngineers. Seconded by Jlr. Hansen._?lotion carried by_unanimous _ roll call _ S + KIB ASSEMBLY MEETIiIG-JUKE 79 1979 PAGE 2 D. Health Resources Advisory Council Appointments. Nayor Wallin read the correspondence. The mayor recommended -Wayne Thomson to fill the vacancy. Mr. Jack so moved. Seconded by Dr. Emmick. Motion carried by unanimous roll call_. vote.. E. Letter from City i'e: Utility Service District. Mayor Wallin read the correspondence. ?Ir. Peotter moved that the attorney be directed to, formulate the borough response. to —_the y . first letter. Seconded b_Dr. Emmcic. _Motion carried by unanimous roll call vote_ Mr. Denslow suggested the firm of Peat, Barwick and Mh itcell tb fill the request for a rate n study. ir._Ogg moved _to suggest to the City of Kodiak Peat, l Marwick and Hitchell as a consulting firm and inform the City. that the borough- assembly_ woulc be nleasecJ to meet with them iointiv. Seconuet b_ Mr. Hansen _:otion carried by unanimous roll call vote. - VII PUBLIC HEARIiIGS A. Ord. r?79-9-0 Adopting a Comprehensive Park & Recreation Program E Facilities Plan. Mayor Wallin read a memorandum from -Mr. Denslow. I•Ir. Ogg moved to take the item off the table_._ Seconded by Ur_ Er.Tnick. on carried by unanimous roll call vote. ir. Ogg moved to table to the July_regular meetinH. Seconded by Mr. Hansen_ i-f nti nn fai laA 9-4c idr_ Hansen and Mr. Ogg voted YES with Dr. Emmick�Mr. Jack�_irs_. Kavanaugh and Mr. Peotter casting NO votes. Dr. Emmick pointed out the borough has areawide planning powers; he felt this plan sloes not take the villages needs into considera- tion. ;Irs. Kavanaugh moved to table to the next regular. B. Ord. ii79-10-0 Emending Title 16 of the KIB Code of Ordin- ances Adopting New Land Subdivision 2egulations. Mayor I•Iallin read a memorandum from ilr. Denslow. Mayor 14allin stated that ordinances should not be codified before adoption. Mr. Ogg moved to remove. from the table. Seconded by Mr. Hansen. :oticn carried_ by mimous roll call vote. Mrs. Kavanaugh mo to table until the manager informs the amb ssely that it is rea or_.presentation;_Sec opt e y r._ .runic_:. _ _o_ion c_arri_ec_y_ unanimous roll call vote. C. Ord. #79-19-0 Authorizing Negotiated Leases to Nonprofit Corporations 8 Public Utilities. I"r. Peotter moved for adoption of Ord.79-19-0. Seconded_by_I_r_ Hansen_ Mayor Wallin closed the regular meeting and opened the public hearing. The mayor read the ordinance. No one spoke for or against the ordinance. Closed public hearing; reconvened regular meeting. notion carried by unanimous roll call vote. D. Ord. #79-18-0 Amending Personnel Rules & Regulations. Mayor I•lallin read the ordinance. Mrs. Kavanaugh moved for adoption of Ordinance 1#79-18-0. Seconde_ d by Dr. Enunick_ Mayor closed regular meeting and opened public hearing. iIo one spoke for or against the ordinance. Closed public hearing; reconvened regular meeting. Mr. 0jpr moved to amend by deleting U_, I1 :uid_: under Section 2. Seconded by Hrs. Kavanaugh. Amendment failed 3-3; Mr. Han: i rs. Kavanaugh and Iir. Ogg_ voted YES with Dr. D,!mick ifr. ck and iir_. Ja. Peotter casting '0 votes. Main motion filed Mrs._ Kavanaugh and ME. —Ogg casting N.0 votes. E. Ord. 4179-16-0 Personnel Board Recommendations for Approval of Job Classifications. Mayor Wallin read the ordinance. I:r. Iiansen moved for adoption of Ordinance 179-16-0. Seconded by Iir. Ogg. Regular meeting close; public hearing opened. °) 0 1 2 0 0 7 4 5 KIB ASSEMBLY TIEETING-JUNE 7, 1979 PAGE 3 Lorna Arndt, personnel board: Stated the committee did not know about the pay scale involvements regarding Ord. #79-18-0; they do back the Mental Health Center. Jo Hajdu: Stated Mental health has sufficient funding to cover retirement expenses. Closed public hearing; reconvened regular meeting. hr. Peotter amenaed the motion by movin.to refer this its^.t back to the personnel committee, the borough ac_rtinist_ratiou and Mental .Health to have this clarified. Seconded bY., 7r.�Jack. _Anenc_ ment carriea 4-2; Dr. Emmick, Mr. I3ansen, 24r. _Jack_and _Mr. Peotter voted_YES with Mrs. Kavanaugh an Mr. Ogn casting 'iO L votes.. Tiain motion as amended��j3'"1Lr. Emmick, Mr. Jack I and Mr. Peotter voted YES with Mr. Hansen, Mrs. Kavanaugh and r. Ogg casting NO votes. F. Ord. #79-17-0 KIB Budget Ordinance FY 1979-80. Dr. Emmick moved for adoption of Ord. #79-17-0. Seconded by Mr._Peotter. Mrs. Kavanaugh requested a recess be held after the public hearing. Regular meeting closed; public hearing opened. Jo Hajdu, KCA: Requested the borough give 510,800 as in kind contribution to cover the amount of the rent increase so that services would not have to be cut. Bruce Kyle, KCA: Concurs with Hajdu's statement. A recess was called from 7:50 to 8:05 P.M. Jim Ramaglia, KCA: Concurs with Hajdu and Kyle. Lorna Arndt: Asked if KANA can lease units in the Cottage Dorm. The mayor answered that the assembly granted K`NA permission to do this during the summer months. Dave Ilerrnsteen: Feels the mill rate is too high with the increased assessment. Is against the engineering department. Bill Williams: Is against the budget generally; feels the mill rate should not be kept up with the inflated property values. Carol Lechner: Mayor I;Tallin read a communique from Carol Lechner opposing the mill rate and objecting to the engineer- ing department and building official functioning within the City. Closed the public hearing; reconvened regular meeting. The manager stated there must be a final hearing for the federal revenue sharing funds. I'h7s. Kavanaugh moved that the administrator's public hearing - -- -- be allowed at this time. Seconded bvifr _Jack. - _ ----_-- —_ ___-___ :Motion carried unanimous roll call vote. The manager opened the -public hearing tor federal revenue sharing funds. Jo Hajdu, KCA: Su.-gested $10,800 be directed to KCA Lorna Arndt: Suggested funds be directed to improvement of The borough parking area and landscaping. n The Manager's public hearing closed; regular borough assembly Lmeeting reconvened. The manager stated that the approximate cost of paving the parking area is $210,000, the cost of leveling the parking area is approximately $50,OOO to $60,000. This money has not been budgeted. As of now this fund, $75,000, is ear- marked for attorney's fees, subject to change. ex ancnuec zne motion by moving to amend the legislative On by adding a new category for village travel in the amount ,500. Seconded by Mr. Hansen Amendment_ failed 2-4 Hr---- n and Mr. Ogg voted YES withDr. Emmick, Nr. Jacj1 Mrs. 11 0 0 0 2 0 0 7 4 6 E KID ASSEMBLY MEETING -JUKE 7, 1979 PAGIE 4 I4rs. Kavanaugh and I_Sr_Peotter casting-i•,'_0 votes. i'r�Ogg amended the motion to reduce asserrbl travel to .,3,000. Seconded by `4r. Iansen. !Amendment failed 2-4; I4r_iansen and _Mr. Ougr voted YES with Dr. Emmick.LI4r._ Jack_ Mrs_ Kavanaugh and_ i1r. Peotter casting --- - .. id0 votes. Mr. Ogg_amended_the motion by moving, that attorneys„ Fees be reduced from $50.,000 to 05000. Secondec, by Mrs. Kayanaugii_Amendment failed 3-3. Mr. i'ansen, Mrs. _Kavanaugh and fir. Ogg voted YES with _Dr. _Emmick, Hr__Jack ancc_iir_Peotter casting* ;i0 votes. Mayor Wallin read fran the Alaska Statutes referencing mayor's duties, responsibilities, includin veto powers. Mr._ Ors? amended the_moiion bynioving_to rec'uce Furnure - -- _q itt - and Fixtures from.$10_,386 to `5,000._-Seconded by_lirs_�Cavan�u-h, ------ -- [Amendment failed 3-3; Mr. Ilansea�_ Mrs_. Kavanaugh anc_Iir.-0gZ_voted YES with Dr. Emmick1_ Mr_ Jack and Hr.. Peotter_ casting WO votes_: Mr,_ Ogg amended the motion by moving .that the manager's salary_. f AQril 25. 1979. Mr. Ogg pointed out that there had never an actual. review of the manager's contract done. Amendment ed 3-3; Ifr. Hansen, Mrs. Kavanaugh and Mr. 0 voted YI3S.with Emmic-2 Mr. Jack an Mr. Peotter casting NO votes. Mr• Ogg ded the motion by moving that the position of administrative stant be removed and that title be changed to Secretajry III_ salary be $l F _ en)- Ron nn AnA 1,.. 14— LT----- et_�i __ t_ � � _, 11r. OQa amend__e i Lssistant to Amendment failed 3-3; Ir. Hansen.-i ed _YES _with _Dr. _Em_m_ick�Mr. Jack .an assessing clerk's job. Seconded by-I_Sr. Hansen. Mr. L'enslow ex- plained the assessing clerk position is a permanent one and that the employee is shared with support services and data Drocessing. Amendment failed 2-4i I4r. Hansen and Mr. Ogg voted YES with Dr_ Emmick. Mr. Jac}:, Mrs. Kavanaugh and r•Ir. Peotter casting NO votes 121 e s����Cr casun "__'_NU_votes. Pir. Ogg amended the motion by movie ----- - -..--- _ - — to increase KCA from $12A000--_ $22,800_ Seconded by-_Ilrs,.. Kavanaugh. Amendment carried b unanirous roll call vote.. I4r. `—_ --- - ----- 1' -- -- MR9ViIlA.2en_._ motion by moving to delete from s_u7 rt_services and separate itwith afundinr* of^40875Mr. Ogg felt that OCS, data services, Joint forum/O.F.D.P. should be Dlaced in other_ departments. •_'_pit carriee 4�-2. 'ir, lfansen, 'Ir. Jack, Iru. 'tavanaui?h and I•:r._ 0: g* voted yF.'S with Dr_ Lra._ic; and ::r. Peotter casting_ 40 votes. Mr. Ogg felt that OCS, data services, joint formm/O.E.D.P. should be placed in other departments. airs. Kavanaugh moved to amend that the OCS program coordinator be under the manager's -- ----- ----- de artment. Seconded � .'.ir.. 0IT.- Amendment carried unanimous cart vote. mr; i; i] o_r be move d ied 5-1z Dr -.Emu moved to •anaugh moved to amend that data services Lemanager's._decartrment_[Amendment I1r Hansen, errs _KavanauZ4, Mn. OgZ -a_ nd it Mr. _Jack castinie_onii0_vote. Mr. icve 0.F..D.P. and ioint forum and nlane A recess was called at 9:25 P.M. Meeting, reconvened at 9:30 P.M. ) 0 O n 2 0 0 7 A 7 KIB ASSEMBLY MEETING -JUKE 7, 1979 that C.I.P. expenditures must be Mr. Hansen and Mr. O%voted_ YES PAGE 5 ed for KCA. Seconded by nanimous roll call vote. 64,200 be allocated to the Mr. Denslow pointed out ic. _uendment failed 2-4; r. EmLi cky P_r, Jacks Firs,, tes. Dr. Emmick moved to to attorney tees. Seconded bv_:_^.r_ Peotter._ Amendment Yailea 1=4; Dr. Emmick_ and Mr_Peotter. _v_oted Yf,S with_ Pir._ _Iiansen,. Mr.., Jack., Mrs. Kavanaugh and Mr_Ogg casting NO votes., Air. Ogg moved to amend to extend $64,200`by putting it towards repairing_the swim- ming pool. Seconded Mr. Iiansen. Mr. Denslow pointed out that a report would be made on the swimming pool later in the agenda and that Mr. Huntley has stated that the present repairs will hold for perhaps six months. Mr. Denslow further stated that the attorney advises following the recommendations of the technical consultant reasoning that the problem is caused by faulty installa- tion. Mr. Hansen amended the amendment bV substitution to read "to expend $G4220.0 for repair and/or replacement of the swimming pool Seconded Seconded Ogg. Mr. Denslow stated that prior to the first reading of the orinance it was decided to allocate $75,000 to attorney fees. Substitution amendment-failed.2-4 Mr_Hansen and h4r. g voted YES with Dr. Emmi_ck, Pir. _Jack, Mrs_Ka_van_au-h and Mr. Peotter casting- i d 'votes. P;r. Ogg moved to amend to elim- inate the category "contingencies':.. Seconded by Mrs._ Kavanaugh. Amendment failed 2-4; P4r. Hansen and Mr. Ogg voted YES with Dr. Emmick, Mr. Jack, IIr_s. .Kavanaueh end 4r._Peotter caste iv'0 votes. Mr. Ogg moved to amend, that the assembly_ret : line item approval. Seconded by Mrs. Kavanaugh. t.mendment carried by unanimous roll. --- call vote. Mr. Jackak _ moved to amend -that the $100-,0OQ ten-, from_ the land sales fund be ret_urned_Amendment died for lack of. a_ second. Mr. Peotter moved to amend that all automobile_expenses in all departments be returned to the same level of expense as last year. Seconded by Airs.._Kav_anaugh.Amendment .carried 5-1; Mr. Jack, Mr. Hansen'_ Mrs Kavanaugh,_Mr.- Ogg and lit Peotter voted YES with Dr. Emmick casting one .d0 vote Mr. Pe —. .._ _ _ _�_._ _ moved to amend the planning and caitiunitrdevelopment department that the economic development_ planner amount be amended to the proposed $14,216; wou•-pLosition _be held in abeyance,_of hire until_ further study- is made and if needed be filled at the mid -point of_t_he fiscal jyea_zand if not_ needed, this money not be expended. Seconded_ b+ L.Ar. Jack. finencme_nt failed-3-3--­Mr. Jack, Mrs. Kavanaugh —and Mr. Peotter voted YES with Dr. Emmick., -- --- — — -- - __. . —f— ---- -- Etr. Hansen and Mr. Ogg_castin� 'CIO votes. Plain motion to adopt Ord. 79-17-0-fa11ed 3-3' br. Emmick, Iir. Jack and Mr. _Peotter voted YES with Mr. Hansen, Mrs. Ka_yaghnauand Mr.. Ogg_ casting__IO votes. Air. Ogg moved for reconsideration. Seconded bV Mr. Peotter. firs. Kavanaugh moved to table. Seconded by Hr. Larsen Motion to table failed 3-3; Mr. Jack., Mrs_ Kavanaugh and Mr. --- Peotter voted YES with Dr. P.mmicic� P-Ir _Hansen and Pir. Ogg —casting NO votes Motion to reconsider carried bV •unanimous _roll call vote_ Air. Jack moved to defer further consideration of the budget_ to Saturday,June 16th - at 9_30_A.II_. Motion died for lack of a second. — - Recess called at 10:30 P.M. Meeting reconvened at 10:38 P.M. Mrs_ c Peotter voted YES with I°ir.g casti naugh moved to amend that support se et in ordinal form. Seconder by_Dr ied 4-2; Dr. )mmck Pir. Jack,'irs. d E with Iir. Iiansen and Mr. 0 ca on as amended carried 5-1, Dr. T;mmic to amend the ten_percent_ imous roll call ec mi NO votes. Hansen. IIr and one ',�. �• a4 .tom: .. .+� .� r 1 0 0 n 2 n n 7 4� KIB ASSEMBLY IILETI QG-JUR'E 7, 1979 PAGE 6 Mayor Wallin vetoed all action the assembly took on Ord. 79-17-0 and vetoed by reducing and striking changes as follows: 140� Expenditures, .01 Mayor travel & per diem reduced to $2,000; .03 Assembly travel & per diem reduced to $3,000; .05 Post audit strike to show true figure of $36,000: Reduce 140 total by $6,00n- 141 Legal department, .01 Attorney fees -.reduced to $25,000; Reduce 141 total by $25,000; 142 Capital & CIP expenses, '01 Furniture & fixtures reduced to -0-; .02 Machinery & equipment reduce to -0- and earmark $3,000 for electricity repaip work when needed; Reduce 142 total by $12,386; 143 Manager's department, ,01 Borough manager reduce to $485525,. Administrative assistar'. change to secretary III at $17,248; .06 Taxes - ESC, .07 Taxes - FICA, .08 Group insurance and -09 Retirement adjusted to meet changes; .10 Professional development reduce to $2,000; .12 Office supplies reduce to $2,000� .13 Telephone & telegraph reduc to $2,000; .14 Repairs & maintenance reduce to $2,000: .24 Gencra:.. government expense reduce to $500; Reduce 143 total by $15,081 plus fringe benefit and tax difference; 144 Clerk -treasurer's department, strike six line items to reflect the original clerk - treasurer's budget which reflects assembly action already taken r- most items of increase; .05 Extra help/overtime strike to reflect $10,500; .06 Taxes - ESC reduce to $1,475; .07 Taxes - FICA strike to reflect $5,230; .10 Professional development strike tc reflect $4,000; .12 Office supplies strike to reflect $5,000;. .17 Auto allowance strike to reflect :1,500; .24 Insurance & bor •- ing strike to reflect $6,750; Strike 144 total to reflect increr:,. of $12,905; 145 Contingencies, .01 Contingencies reduce to -0-; Reduce 145 total by $25,000; 146 Assessing department, .03 Assessing clerk reduce to -0-; .04 secretary I changed to secretary II to take over duties of .03 with a salary of $14,904.; .06 Taxes - ESC, .07 Taxes - FICA, .08 Group insurance and .09 Retirement adjust to reflect change; .10 Professional develop- ment reduce to $2,500; .16 Travel & per diem reduce to $2,000; .2.1 Professional services reduce to $500; Reduce 146 -'�Dtal by $7,586 plus fringe benefits & tax difference-. 147 Planning & community development departments, .02 Economic development planner reduce to -0-; .04 Secretary III reduce to $15,642; .045 Secretary I reduce to -0-; .05 Extra help/overtime reduce to $500; .06 Taxes - ESC, .07 Taxes - FICA, .08 Group insurance and .09 Retirement adjust to reflect changes; .10 Professional develop- ment reduce to $2,500; .12 Office supplies reduce to $3,000; .13 Telephone & telegraph reduce to $1,5007 .15 Advertising/public hearing reduce to $3,500.; .16 Travel & per diem reduce to $5,000; .17 Auto allowances (2 persons) reduce to $2,880; .21 Professional services reduce to $4,000; .22 Maps reduce to $4,000; .23 Report & publication reduce to $2,500:. .27 Relocation expense reduce to -0-; Reduce total by $58,513 plus fringe benefits & tax different-- 148 Engineering department strike entire department leaving $50,000 for contract services; Reduce 148 by $43,333; 149 Health and sanitation, .14 Council/alcoholism strike to reflect additior al $10,800 from federal revenue sharing funds; Support Services: Data services supervisor changed to clerk and reduce to $17,248; Program Coordinator/O.C.S. Council reduce to $17,248; Taxes -- E£;., Taxes - FICA, Group insurance and Retirement adjust to reflect changes; Auto allowance reduce to -0-; Professional services reduce to $4,000; Veto Support Services in total unless OCS and Data Services be placed under manager's department with the reduc line items and Joint forum/O.E.D.P. be placed under Planning & community development department; B. Veto Special revenue funds federal revenue sharing expenditures to reflect $10,300 to KCf? and $64,200 balance not earmarked; vetoed mill rate of 6.50_mills to reflect'the reduction of the vetoed budget. I4andated the VIII OLD BUSINESS A. Ord. 79-11-0 Adopting Amended Title 2 of the KIB Code of Ordinances. .Mrs. _Kavanau_gh. moved to remove Ord. 79-11-0_f_r the table. Seconded by Mr._Pe_otter` fiction carried by una roll call vote_. Mayor Wallin read memorandum. Mrs. Kavana moved to table to Juiv reanlar ma=+4,, ') 0 0 - 2 tl (� ] q KIB ASSEMBLY MEETING - Jl11 7,�1979 PAGE 7 B. Constitutionality Question (I'oge). Nirs. ]:avanaueh moved no action be taken.- Seconded by 1`41.-Peotter Motion carried -by unanimous roll call vote. C. Request of Legal Counsel on High School Poof Problem. Hayor Wallin read the correspondence. 'ors. Kavanauah moved to author- 11 ize }Ir. Sharon_KIB attorney. to. file suit_ Seg9E ed by_ Mr.. Jack_ It was pointer: out that t,ie attorney hopes to negotiate a settlement and that a statute of ].imitations ha(. be be taken into consideration. ilation carried by unanimous roll call vote. iieeting recessed at 11:00 P.M. until 9:00 F...II. Friday, June 8, 1979. •; iieeting reconvened at 9:12 A.I . June 8, 1979 with Dr. Er,mick, Mr. Hansen, Hr. Ogg, F.P. Peotter and "ayor 'lallin in attendance. The chair ordered that Item X B be taken up first. X B. ':esol. 1'79-29-F. Public Use Easement on Lot 1, Block 3, hiller Point (Doubt). Dr. Emmick read the resolution. Dr. Emmick moved for adopti� of Resol. %79-29- Seconded b�_" Hansen. Hr. Grothe stated he had no reservations and was not against this. Iir. 0_fg_moved to amend to delete the last _.__.. ..-- -- paragraph of Resol. ;`79-29-^. Seconded by_?ir. Iiansen. lip. Ogg moved to amend the amendment to state this is with thecmcur- rence of the P & commission. Sec onced� Hr. Iiansen. mend- ment to the amendment failed 2-2 . i r. I ansen and iX OFF voted YES with Dr. Enalick_ane Ifr._ Peotter_ casting :C votes. Amend- went failed 2 Hr. _Iiansen and "ir. Ogg votes: YES-crith_ llr. Emmick and Mr. Peotter castin(-_-i0_votes. limn motion carr_ie_ ci by unanil.ious roll call vRe-. D. Preliminary `eport by Counsel cn hospital Roof Problem. :lay Wallin read the correspondence. Hr. Denslow read further correspondence and Pointed out that -the roof had never been accepted. hr. Peotter moved to acknowledge receipt of the report. 5econded_b_y Q_t.,_iotion carried_ unanimous_ n roll call vote. 14JI Y. 'WiAGER' S REPORT 1. Stated OCS Advisory Council has been invited to tour the LWG plant facilities in Kenai on June 14th. Recommends that four of the advisory council attend requiring per diem and plane fare for each. ifr. Ogg moved that KIB allocate :951.20 out of funds okayed for the present_. fiscal year in order that four members _o_f_the OCS Adviso-._ Council may take a tour of the Kenai UiG plant facilities. Seconded by _'Ir. I[ansen. Motion carried by unanimous roll call vote_. 2. Stated agreement has been made on the school site for the purpose of erecting a school in Larsen Bay. 3. Reported on the rain damage to roads in the Bells Flats/ Russian Creek area. The damage was rather extensive and repairs in the amount of $12,000, the remaining funding, have been completed; estimated •.20,000 to 02,000 to complete the remain- ing work needed. The Bells Flats road service group recommends the work be done. Mr. Peotter moved that in as much as the Borough has no funds, -to proceed with this matter,_ recommends no action be taken until the next budget year. -Seconded by ilr._ Hansen. Ir. Peotter moved to amend that in the event_something might occuri_that the -advisory groin for Bells Flats would come forward with a'rec_omnien'daticn that they would agree to addi- tional assessment to cover any loan that would be necessary. Il Seconded by_Dr 1_7mick. Amendment carried by unanimous roll call vote. Plain motion carried by unanimous roll call vote. 4. Stated a letter had been received requesting some action for a service road en the back side of Island Luke. IIe explained that at present this is not included in the Service Roads 8 Trails program. Fr. Emmick removed the borough engineer make a stuff —to give the amount_necessary_to make this road serviceable. Seconded by ;Ir. Peotter_ _Notion carried by unanimous roll call vote. ) A 0 0 2 0 0 7 5 0 iCIB ASSEHBLY HEETING - JUJE 7, 1979 PAGE 5. Report on swimming pool; feels careful maintenance could extend the life of the repairs for six- months. L report of recommendations was presented. The attorney for Brady Con- struction has been advised of the steps taken by the borough attorney. ir__Oag_mov_ed_to.acknowledge__receipt_of-_the. informa- tion.. Seconded by Mr.. Hansen'.iotion carried_. by unanimous roll call vote_. G. Explained that it had not been possible to provide the Parks 6 Recreation plan two weeks in advance but that it is not ready. Dr. Emmick requested this be expanded to include outlying cities. (Jill be taken up at the June work session and will be on the P 6 Z June meeting agenda. Copies will be sent to I`&4A and all second class cities. Er. Milligan will take care of this. 7. Ar. ;.,ease of X.E.A. requested the borough send telegrams backing Terror Lake project. ir. Hansen moved that the Borough, send a letter to protest the decision of 'r. LeRoy—Sowl and send cogies_to all peoDle-sug-ested, "on. Mike Gravel, carried by_unanimous roll call vote. P.r_Emmick moved to include to encourage_to permit the engineerinp, stye ies for 1979. Seconded_- by-Peotter__.Ilotion_carried byanimous-_roll call vote. Dr. Emmick moved to send telegrams to Sen. Gravel, Rep. Young and Sen. Stevens informing them of the problem and encouraging them to help overcome this .problem. Seconded by Mr. Ogg. I4otion carried _by unanimous roll call vote. B. Stated that D.O.E. does not have special loan funds available. 9. Read letter from Mr. Sharon re: Royal Large case. Mr_ Peotter moved to acknowledge receipt of the letter from Iir. Sharon re: the Large case.- Seconded by Dr. i;:nnick. Hr. Or*g moved to amend. to appeal the ^oyalLarge case. Died for _lack. of a second_. Mr. Oag_7-loyed to aiaend to_ settle with Ro-al_Large for Y35,000. .vnendment failed 3-1 _.l1r, F;r,mick, -fr. hansen and Mr. Oga voted YES with Mr. Peotter casting one •i0_vote. ain motion failed _3-1; Dr. Emmick}_ P4r. Hansen and IIr. Peotter voted YES with Mr.0_castirg one '?0 vote. X i4EW BUSI_•IESS A. Resol. 79-28-R Revised Final Plat for Elderberry (Grothe). Mayor Wallin read memo anC resolution. fire 1-T moved for adoption of Resol._79-2G-R. _ Seconded -b� Is. _Peotter. ;ir. Milligan explained the plat and easement for lift station and sewer line. Mr. Grothe requested approval of both Elderberry Heights Subd. and Elderberry lst Addition. Dr_ Emmick moved to amend to add the easement._ Amendment died for lack of a second. Dr.rEmmick moved to amend to approve Resol. 79-33_-_R .. a_uthorizing appoval _of tilthe other plat, Elderberry 1st -- - ion. Seconded by !Ir. Hansen Amendment carried bi unanimous roll call vote. ain _Mot on carried_jy_unanimous_roll call vote. C. Resol. i#79-30-R Requesting Participation in 'rational Flood Insurance Program. Mayor ?iallin Resols. #!69-39-R and #79-30-R. Dr. Emmick mov_ ed_f_cr_ io adoptn.— Seconded bV PIr. Hansen. Discussion of the designation of the flood plain followed; the City has requested participation. Mr. Ogg_moved to table. Seconded by P'Ir Hansen. kk tion carried unanimous roll call vote. _ D. lst Reading Ord. #79-21-0 Amending; Comprehensive Land Use Plan 6 Rezoning a Tract of Land Aciacent to Boat Harbor. Ordinance read by title only. Dr. 7:i:snick moved for adoption at first reading, Seconded by Mr. Peotter. Motion carried b unanimous roll call I:. lst Reading Ord. ##79-22-0 Rezoning Lands within City of Old harbor. Ordinance read by title only. Dr. Emmick move for ad Option at fi-r--- vote. F. lst Reading Ord. §79-23-0 Rezoning Lands within City of Port Lions. Ordinance read by title only. Dr. Emmick moved I 0 !] ; 2, 0 0 7 5 1 KIB ASSEMBLY MEETIdG - JUNE 7, 1979 PAGE 9 for adopti�at_-fipq_�cgad rJ _._ Seconded L�Mr.. Peotter. ;Igtioll carried by unanimous yoice_ vote.. G. Consideration of Gnnual Audit Proposal - Peat, Marwick 6 Mitchell. Dr. Enwdek moved to retain Peaty Marwick 8 Mitchell mous roll call vote.. II. Consideration of Participation Day Care Addistance Program FY 1980. Mayor Wallin read the correspondence. Mr. Peotter, moved to acknowledge receiet_Seconded by Mr. Hansen. It was pointed out that there is a great need in this community for this service. Mr. Ogg moveU to amend that the KIB accept -the administration action for the DCA program orith the .stipulation that management attempt to find another certifiable agency -Lg vote.. It was explained that it is necessary to file an applica- tion for FY 1980 and employ a person meeting the State's criteria effective July 1, 1979. I. Consideration of Bid Award, Construction Kodiak H;gb School Parking Lot. Mr. Denslow explained his recommendation.to award I?id to Lrechan Enterprises. Dr. Emmick moved that the bid,be - J. Financial Statement April 1979. Dr. Emmick moved to acknowledge receipt. Seconded by -,Ir. Peotter. fayor !'allin questioned tfie overexpenditure of $27;440.72 in line item 143.15-Rental Office Equipment. !fr. _)enslow explained that the computer has one terminal in the data processing room, one in the school district and there will be one later in the assessing department. Notion carried by unanimous roll call vote. K. School District Report of Revenues Expenditures April 1979. Dr. Emmick moved to acknowled^e rqp t___Seconded by _. Iir. Hansen. (lotion carried_bv_unanimous voice vote_ L. Monthly Activities Report Hay 1979. Mr._ 07g moved-t_o,_ ackowledge receipt. Seconded by Air. Hansen. f•fo ion carried by unanimous voice vote. ff. Attorneys' ifonthly Reports. XI IVIYOR' S COiiMENTS 1. Cited Borough Code Title 2 - 2.16.130 (c) regarding prepara- tion of agenda. 2. Cited A.S. 29.23.060 re: meetin7 procedures. Read A. S. 29.23.140 Powers and duties of the boroul-h administrator. 3. Announced that Assemblyman Fearn and Mrs. Fearn became the parents of a baby girl on June 6, 1979. 4. Read letter from Alaska Coastal Management re: grants for coastal management programs. December 4, 1979 is the deadline for submittal. Air. Denslow stated letters of intent have been sent twice. 5. Received letter from Paula Easley, Resources Development a Council, T�g��gu__e_sting supoort to=have the North_Slope road keQt .00en__through the winter. Mr�. Hansen so_ moved. Seconded by I3r. Ogg. IIotion failed .3-1; fir. Iransen,_Mr_ Oy�g and_Mr. Peotter -� - - _ voted YES with Dr. Enmick casting one :0 votes_ XII ASSEMBLY COIFIENTS Dr. Emmick: 1. Ifoved that unification _again__be placed_on the ballot this fall_ -_Seconded by Mr. Peotter.___itotior�.failed 2_2_ Dr. Emmick and fir. Peotter voted YES with Air. Ilansen and Hr. Ogg casting .10 votes. l 0 0 0 2 Q 0 7 5 2 KIB ASSEMBLY HEETIIQG - JUNTE 7, 1979 PAGE 10 Mr.Hansen; ?!one Mr. 0 He recapped his knowledge of the meeting* of four assem ly members in the hospital hallway during a Health Resources Advisory Council meeting where the manager was informed he was responsible to the entire assenbly rather than to individual members. Requested the names of the nembers in attendance, time, place and length of meeting as there was a difference of opinion as to how long it lasted. Mr. Ogg felt this was an illegal meeting. 2. '•gas informed by the Clerk/Treasurer that items must be submitted by 5:00 P.A. eight (8) days prior to a regular meeting to be placed on the agenda. Stated he had submitted Resol. `79-30-R and Ord. #79-24-0 prior to the cut off date but the manager had refused to place them on the agenda. Cited A.S. 29.48.150 Ordinance Procedure. IIr. Denslow stated the resolution and ordinance were not in proper form and did not have the consensus of the assembly. Mr. OFg stated he felt the manager had violated the A.S. by refusing to put these on the agenda. Lfiz, OAF moved to retainMr..__Denslowas manaeer until July_l, 1979, Seconded._bY iir..Iiansen. Motion failed 1-3; 1Ir. Hansen voted YES with Dr._ mmick,_iir. Ofig_ and lir.._P�otter casting,_ 0 votes. r I ._Ogg moved to retain t le borourd manager until July 10j_1979. FIotion failed_ 0=4Dr. EmmickIr, lI_an en,Ir._ Op,I*._agc�I,x� Peotter all cast '0 votes. Mr. Peotter pointed out that the motion had been to retain, not dismiss. Mr_ Ormoved to relieve the manager of _his duties _cis _of Jul 111979 for_commit tinn an illegal act in the performance of his duties, by refusing*.. j; vlace his --; (0`sue ordinance and resolution on the agenda. q Se.conded. _by Mr. Hansen.n. _ _ Motion failed. 2-2 Mr. FIansen._and .PIr. - -__ er move___o table.Died-for lack of a _second-,. Mayor Wallin ruled that there would be no Further discussion on this matter until the executive session the assembly called for by motion to take place in July. 11r. Peotter: Stated he had made his comments previously. XIII AUDIE-4CE COMMENTS Jeffrey Stephans, Fishermens flarketin,- F,ssociation: Discussed the background of the Dog Bay project as related to Trident Basin. Recommends development of St. Paul Ifarbor. A request to authorize v8,970,000 for Dog Bay has been made. Recommends wholehearted support of Trident Basin immediately and Dog Bay in the future. Trident Basin could become a reality in about three years at an approximate cost of $2,000,000 while Jop, Bay will be a four step process taking about seven years at a much larger cost. Mayor Wallin explained that the City had not taken action on this yet. Dr. Emmick moved for support of the Dog IIav and Trident _Basin development. Seconded :fr. Peotter_. Igtin o_ carried by unanimous roll call vote.. The Borough manager was directed to send letters in support of this. Commander Stree er: Speaking as a citizen, requested pennission To remove istorically significant Kingfisher aircraft parts from Tract P-5 dump area on borough property. No excavation is necessary. This aircraft is to be preserved in the vi,tional Space Museum. Ifr. Peotter moved this .-permission be granted to Dr. Y.IV ADJOURNMENT ion. Seconde_' y 11 cal_1 vote... The meeting was adjourned by liayor Wallin at 1:10 P,11. ATTEST: ,a f Borough erk.,