Loading...
1979-07-05 Regular MeetingI KODIAk' ISLPLID BOROUGH ASSE'16LY ,;EETI.4G-•JULY 5, 1979 I CALL TO ORDER The meeting was called to order by Mayor Betty J. "allin at 6:45 P.M. in the Borough Assembly Chambers. II ROLL CALL Present i~Ir. Arnold T. Hansen ,Ir. Dan Ogg firs. Betty J. Wallin, i•Iayor Io quorum was established. Absent Dr. Oichael ETMick (vacation) *Ar. F?illiam Fearn (out of town) Edward Jack (fishing) ;-Mrs. Sandra Iavanaugh (ill) *Mr. James Peotter (fishing) 'Mr. Jack requested on July 11, 1979 the clerk's comments on absences be recorded: Dr. ?:*Lorick - 'To ma'am I•Ir. Fearn - ]one Mr. Jack - I talked with him earlier and he said he didn't know but he would possibly be working on the boat or the boat would be out; if at all possible, he would be here. Mrs. Kavanaugh - Sne is ill; her husband called. Mr. Peotter - I talked with i1rs. Peotter. She told me she ex- pected him to be in by 4:00 P.M. Itayor Wallin stated the meeting would be recessed until 6:30 P.il, Friday, July 6th; if no quorum is established, the meeting to be' recessed to 6:30 P.M. Monday, July 9th and each succeeding night except weekends, until a quorum is in attendance. ' The meeting was recessed at 6:118 P.M. KIB ASSEMBLY MEETIiIG-JULY 5, 1979 (Recessed to July 62 1979) I CALL TO ORDER The meeting of recessed until Ifayor Betty J. July 5, 1979, which due to a lack of quorum was tonight, July 6, 1979, was called to order by Wallin at 6:43 P.M. in the Assembly Chambers. II OLL CALL Present Mr. Arnold T. Hansen iIr. Dan Ogg Mrs. Betty J. `lallin, Mayor :o quorum was established. Absent Fr. Michael F.mmick Mr. 11illiam Fearn (out of town) Mr. 1;.'-ward Jack (fishing) Ars. Sandra Kavanaugh (ill) Mr. James Peotter (fishing) Mayor Wallin stated the meeting would be recessed until `fonday, July 9th at 6:30 P.M. and will be recessed every week night until she receives the communique from the Ittorney General's office which was mailed today regarding the veto. A2cording to the Attorney Genera's office Ordinance 79-17-0 does not become law until the veto is overridden or until the veto stands. The recognized action is the veto of the entire budget and also the veto of the line items within the budget. As of July 1, 1979 the KID does not have a budget or any monies appropriated for the fiscal year 79-80. -layor Callin will not sign any checks for FY 79-80 until either the veto stands or is overridden. Checks will be signed for the school budget and for any outstand- ing bills continued from last year's budget. Mr. Ogg stated that since there are no funds as of July 1, 1979 and the assembly cannot appropriate them, he feels it is not fair to the employees of the XIB or to the public and taxpayers that the employees work without assurance of being paid. Fells to continue operating under these circumstances could be criminally liable and feels the Borough offices should be closed until the situation that exists at the present time can be resolved and requests that this be done. Mayor Wallin requested this not be done until receipt of the doc- uments from the Attorney General's office; if they have not arrived by ':'ednesday and the meeting is still being recessed, consideration of Ir. Ogg's request will be given. .'he meeting was recessed at 6:48 P.M_ „,*il a•an n •f T.T.. lnon KIB ASSEMBLY MEETING - JULY 5, 1979 (Recessed to July 9, 1979) I CALL TO ORDER The meeting of July 5, 1979, which was recessed to July 6th and then to July 9th due to lack of a quorum, was called to order by Mayor Betty J. Wallin at 6:38 P.M. in the Borough Assembly Chambers. II ROLL CALL Present Absent Betty J. Wallin, Mayor Dr. Michael Emmick (vacation) Mr. Arnold T. Hansen Mr. William Fearn(Lv. of absence) Mrs. Sandra Kavanaugh Mr. Edward Jack (fishing) Mr. Dan Ogg Mr. James Peotter A quorum was established. Mr. Fearn's resignation to be con- sidered later in the meeting. Dr. Emmick, mr. rearn and Mr. Jack were not e:ccused. III ACCEPTANCE OF AGENDA Mr. Ogg moved to add under Communications & Appearances Item G - Jan Siebert Presentation, Alderwood. Seconded by Mr. Hansen. Motion carried by unanimous roll call vote. Mr. Hansen moved to place on the agenda under Communications & Appearances Item H - Public Use Easement, Doubt. Seconded by Mr. Peotter. Mayor Wallin read the memorandum. Motion carried by unanimous roll call vote. Mr. Ogg moved to place under Communications & Appearances Item I - William Fearn Resignation. Seconded by Mr. Hansen. Motion failed 3-1; Mr. Hansen, Mr. Ogg and Mr. Peotter voted YES with Mrs. Kavanaugh casting one NO vote. Mr. Hansen moved the agenda be accepted as amended. Seconded by Mr. Ogg. Motion carried by unanimous roll call vote. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Regular - June 7, 1979 B. Assembly - Special - June 16, 1979 (Continued to June 20) Mr. Hansen moved the minutes of June 7 and June 16, 1979 be accepted as presented. Seconded by Mr. Peotter. Mr. Ogg pointed out that in minutes of June 7th on Page 3, Paragraph 3, Line 7 it should read "Main motion as amended failed 3-3;". This has been corrected. Mr. Peotter moved that Mr. Ogg be excused for the special meeting of June 16th. Seconded by Mr. Hansen. Motion carried by unanimous roll call vote. V MINUTES OF OTHER MEETINGS A. School Board - June 11, 1979 B. Mental Health - June 13, 1979 C. P & Z Commission - May 22, 1979 D. O.E.D.P. - April 9 & 23, 1979 Mrs. Kavanaugh moved to acknowledge receipt of the minutes of the other meetings. Seconded by Mr. Hansen. Motion carried by unanimous roll call vote. VI COMMUNICATIONS & APPEARANCES A. Letter from Arthur F. Johnson Re: Public Hearing Testimony. _ Mayor Wallin read the correspondence. Mrs. Kavanaugh moved that said hearing (April 30th special meeting, Item 5(e) Benton/ Rasmussen rezoning) was illegal and the Assembly should schedule a hearing for next month's agenda. Seconded by Mr. Peotter. Motion failed 2-2; Mrs. Kavanaugh and Mr. Peotter voted YES with Mr. Hansen and Mr. Ogg casting NO votes. Mayor Wallin requested that any and all letters pertinent to the agenda should be in her hands before the meeting. B. Memo from P & Z Commission Re: Site Plan Approval Bors/ Furin Recreational Development. Mayor Wallin read the corres- pondence. Phil Anderson, P & Z Commissioner, stated all require- ments have been met. No action necessary. KIB ASSEMBLY MEETING - JULY 5, 1979 (Recessed to July 9, 1979) PAGE 2 C. Memo from P & Z Re: Interpretation of Warehouse Uses in Business District. Mayor Wallin read the correspondence. No action necessary. D. Uncollectible Taxes. Mayor Wallin read the memorandum. Mr. Peotter moved that the list as presented by the Clerk/ Treasurer be written off. Seconded by Mrs. Kavanaugh. Motion carried by unanimous roll call vote. E. Borough General Counsel Report on Kodiak Livestock Property. Mr. Peotter moved to acknowledge receipt and refer to the July work session. Seconded by Mrs. Kavanaugh. Mrs. Kavanaugh moved to amend that a special meeting be held the day of the regular work sess'_on to include an executive session on this matter, the Kodiak Livestock Cooperative. Seconded by Mr. Peotter. Amend- ment carried by unanimous roll call vote. Special meeting, in- cluding an executive session, to be July 21, 1979 at 9:00 A.M. in the Borough Assembly Chambers. Main motion carried by un- animous roll call vote. F. Letter from Yeshi Benyamin. Mayor Wallin read the corres- pondence. Mr. Peotter moved this item be sent to the P & Z Commission. Seconded by Mrs. Kavanaugh. It was stated that only the rezoning section of the letter should be sent to the P & Z. Mayor Wallin requested a letter be sent to Mr. Benyamin advising him that the present citizen's committee for Service District 1 is self-appointed and that if and when the borough forms such a committee, he will be considered for membership. Motion failed 3-1; Mrs. Kavanaugh, Mr. Ogg and Mr. Peotter voted YES with Mr. Hansen casting one NO vote. Mr. Peotter moved to refer to the Planning Department for appropriate action. Seconded by Mrs. Kavanaugh. Motion failed 2-2; Mrs. Kavanaugh and Mr. Peotter voted YES with Mr. Hansen and Mr. Ogg casting NO votes. A copy of the letter to Mr. Benyamin will be sent to the present citizen's committee. G. Jan Siebert Presentation, Alderwood. Mr. Jim Payne repre- sented Mr. Siebert, giving an update on the Alderwood situation. Stated they now have certificates of occupancy and that finan- cing at this point is a prime factor. Feels that replatting would aid in securing financing and should result in much lower interest rates to the individual owners. Mr. Phil Anderson stated this is scheduled to come before P & Z at their next meeting and everything seems to be in order. No action necessary. H. Public Use Easement (Doubt). Mr. Phil Anderson reported that Mr. Doubt now has a letter of public conveyance across the 1'�ld. Mr. Peotter moved that the notice attached to Resolution 79-29-E concerning the plat of Mr. Doubt be removed. Seconded by Mr. Hansen. Motion carried by unanimous roll call vote. VII PUBLIC HEARINGS A. Ord. 79-9-0 Adopting a Comprehensive Park & Recreational Program & Facilities Plan. Mrs. Kavanaugh moved for adoption of Ordinance 79-9-0. Seconded by Mr. Hansen. Closed regular meeting; opened public hearing. No one spoke for or against the ordinance. Mayor Wallin read memo from Janet Wente, KANA Director Community Development & Planning, requesting postponement of approval for six months in order to get input from the villages. Closed public hearing; regular meeting reconvened. P & Z feels there should be a requirement for recreational facilities in large developments. Mr. Hansen moved to amend to send back to P & Z for further study and include the outlying cities under the B,irough's areawide planning powers outside the greater urban area. Seconded by Mr. Peotter. Motion failed 3-1; Mr. Hansen, Mr. Ogg and Mr. Peotter voted YES with Mrs. Kavanaugh casting one NO vote. Mrs. Kavanaugh moved to table. Seconded by Mr. Peotter. Motion carried by unanimous roll call vote. 1 0 E0 i 2 0 / 5 S KIB ASSEMBLY MEETING - JULY 5, 1979 (Recessed to July 9, 1979) PAGE 3 B. Ord. 79-21-0 Amending Comprehensive Land Use Plan & Rezoning a Tract of Land Adjacent to Boat Harbor. Mayor Wallin read the ordinance by title only. Mr. Ogg moved to adopt Ord. 79-21-0. Seconded by Mrs. Kavanaugh. Closed regular meeting; opened public hearing. Phil Anderson, P & Z Commissioner: Stated to date this area has been used for storage, aircraft tie downs, et cetera. P & Z recommends this ordinance be passed to enable future development. There was no P & Z public hearing. Kenneth Lester, B.P.O.E.: Letter read by Mayor Wallin. Is opposed to the ordinance and requests item be tabled for further study. Closed public hearing; regular meeting reconvened. Motion failed 2-2; Mrs. Kavanaugh and Mr. Peotter voted YES with Mr. Hansen and Mr. Ogg casting NO votes. C. Ord. 79-22-0 Rezoning Lands within City of Old Harbor. Mrs. Kavanaugh moved for adoption of Ordinance 79-22-0. Seconded by Mr. Hansen. Closed regular meeting; opened public hearing. No one spoke for or against the ordinance. Closed public hearing; regular meeting reconvened. Motion carried by unanimous roll call vote. D. Ord. 79-23-0 Rezoning Lands within City of Port Lions. Mrs. Kavanaugh moved for adoption of Ordinance 79-23-0(a). Seconded by Mr. Peotter. Closed regular meeting; opened public hearing. Horace Simmons, KANA Housing Authority: Requests action be postponed as KANA needs additional land rezoned in Port Lions for a housing project. Closed public hearing; regular meeting reconvened. Mr. Hansen moved to amend the main motion to pass and refer back to P & Z for amendment for additional rezoning. Seconded by Mrs. Kavanaugh. Amendment passed by unanimous roll call vote. Main motion carried by unanimous roll call vote. E. Resol. 79-26-R KMXT Lease (Antenna Site). Mrs. Kavanaugh moved for adoption of Resolution 79-26-R. Closed regular meet- ing; opened public hearing. Bill Glynn, Kodiak Public Broadcasting Corporation: Recommends approval. Closed public hearing; regular meeting reconvened. Mr. Ogg moved to amend the motion by substitution to substitute Res. 79-26-R with Res. 79-35-R. Seconded by Mr. Hansen. Substitu- tion carried by unanimous roll call vote. Regular meeting closed public hearing opened on Res. 79-35-R. Bill Glynn, KPBC: Urged assembly to pass Res. 79-35-R as time is of the essence. Closed public hearing; regular meeting reconvened. Main motion failed 3-1; Mr. Hansen, Mr. Ogg and Mr. Peotter voted YES with Mrs. Kavanaugh casting one NO vote. Mr. Ogg moved to reconsider and place on the minutes of the July 21st special meeting. Seconded by Mr. Peotter. VIII OLD BUSINESS A. Ord. 79-11-0 Adopting Amended Title 2 of KIB Code of Ords. Mrs. Kavanaugh moved to remove from the table Ord. 79-11-0. Seconded by Mr. Hansen. Motion carried by unanimous roll call vote. Mr. Hansen moved to retable to the August meeting. Seconded by Mr. Ogg. Motion carried by unanimous roll call vote. Meeting recessed at 8:15 P.M. and reconvened at 8:33 P.M. KIB ASSEMBLY MEETING - JULY 5, 1979 (Recessed to July 9, 1979) PAGE 4 RE: VII E. Mr. Ogg with the consent of the second, Mr. Peotter withdrew his motion to reconsider and spread on the minutes of the July 21st special meeting. Mrs. Kavanaugh moved to recon- sider Resol. 79-35-R. Seconded by Mr. Ogg. Motion carried by unanimous roll call vote. Original substitution motion carried by unanimous roll call vote. B. Ord. 79-17-0 Budget FY 79-80. Mayor Wallin explained that Mrs. Kavanaugh's amendment to the motion to approve Ord,,79-17-0 that passed was to cut all travel by reduction of ten percent in all five departments; amendment that passed to cut the Economic Planner salary to 14,296 per year; amendment that passed that support services be reverted to the budget in original form. Mayor Wallin stated main motion as amended has been passed; total budget was vetoed by the mayor on June 7, 1979. Mayor Wallin read a communique from Attorney Garnett Re Scheduling Meetings and Effect of Veto; her letter dated July 5, 1979 directed to the assembly members; and read the Clerk/Treasurer's memo dated May 7, 1979• Requested from the manager a copy of any new rules governing revenue sharing public hearings. Mr. Ogg listed some discrepancies he had found in the budget figures. These were explained by the clerk/treasurer. Mayor Wallin re- clined her veto on the entire budget. Mayor Wallin made cuts and increases as follows: 140 Expenditures - Legislative, .01 Mayor travel and per diem cut to $2,000, .03 Assembly travel and per diem cut to $3,000, Mr. Ogg moved to change .05 Post Audit by add- ing $1,000. Seconded by Mr. Hansen. Motion failed 3-1; Mr. Hansen, Mr. Ogg and Mr. Peotter voted YES with Mrs. Kavanaugh casting one NO vote. This budgeted item .05 Post Audit remains at $35,000. Account 140 reduced by $6,000. 141 Legal Department 01 Attorney Fees cut to $25,000; Account 141 reduced by $25,000. 142 Capital & CIP Expenses - .01 Furniture & Fixtures cut to -0-, .02 Machinery & Equipment cut to $3,000. Mr. Hansen moved that $3,000 be earmarked for needed electrical repair work. Seconded by Mr. Ogg. Motion failed 2-2; Mr. Hansen and Mr. Ogg voted YES with Mrs. Kavanaugh and Mr. Peotter casting NO votes. Account 142 reduced by $12,386. 143 Manager's Department - .01 Borough Manager cut to $48,525, .02 Ad- ministrative Assistant cut to $17,248. Mr. Ogg moved that Account 143.02 be titled Administrative Assistant. Second- ed by Mr. Hansen. Motion failed 0-3; Mr. Hansen, Mr. Ogg and Mr. Peotter voted NO with Mrs. Kavanaugh abstaining. ESC, FICA, Group Insurance and Retirement to be adjusted to meet changes. .10 Professional Development cut to $2,000, .12 Office Supplies cut to $2,000, .13 Telephone & Telegraph cut to $2,000, .14 Repairs & Maintenance out to $2,0003 .24 General Government Expense cut to $500. Account 143 reduced by $153081 plus fringe benefits & tax difference. 144 Clerk -Treasurer's Department - re- moved the veto; Mr. Hanson moved that under Account 144.05 Extra Help/Overtime be budgeted $10,500. Seconded by Mr. Ogg. Motion failed 2-2; Mr. Hansen and Mr. Ogg cast YES votes with Mrs. Kavanaugh and Mr. Peotter casting NO votes. Remains at $500, .10 Professional Development. Mr. Hansen moved that under 144.10 be budgeted $4,000. Seconded by Mr. Ogg. Motion failed 2-2; Mr. Hansen and Mr. Ogg cast YES votes with Mrs. Kavanaugh and Mr. Peotter casting NO votes. Remains at $3,500. The Clerk/Treasurer's budget shall remain at the original approval on June 7th. 145 Contingencies - .01 Contingencies cut $25,000 to -0-, Account 145 reduced by $25,000. 146 Assessing Department - .03 Assessing Clerk cut to -0-; Mr. Ogg moved to allow for Secretary I position to be increased to Range 8, Step 5(b) and to take on the duties of the Assessing Clerk for the one -quarter time with title to be Assessing Clerk Secretary II. Seconded by Mr. Hansen. Motion failed 2-2; Mr. Hansen and Mr. Ogg voted YES with Mrs. Kavanaugh and Mr. Peotter casting NO votes. Mr. Peotter moved for reconsideration and spread on the minutes. Seconded by Mr. Ogg. Adjust ESC, FICA, Group Insurance and Retirement'to reflect change, .10 Professional 10102 0n759 KIB ASSEMBLY MEETING - JULY 5, 1g79 (Recessed to Julv 9, 1979) PAGE 5 Development cut to $2,500, .16 Travel and Per Diem cut to $2;000, .21 Professional Services cut to $500. Account 146 reduced by $7,586 plus fringe benefits and tax differences. 147 Planning & Community Development Depart- ment - .02 Economic Development Planner cut to -0-, .04 Secretary III-9A cut to $15,257.28, .045 Secretary I cut to -0-, .05 Extra Help/Overtime cut to $500, ESC, FICA, Group Insurance and Retirement adjust to reflect changes, .10 Professional Development out to $2,500, .12 Office Supplies cut to $3,000, .13 Telephone & Telegraph cut to $1,500, .15 Advertising/Pub],ic Hearing cut to $3,500, .16 Travel & Per Diem cut to $5,000, .17 Auto Allowance (2 persons) cut to $2,880, .21 Professional Services cut to $4,000, .22 Maps cut to $4,000, .23 Report & Publica- tion cut to $2,500, .27 Relocation Expense cut to -0-. Account 147 reduced by $58,513 plus fringe benefits & tax differences. 148 Engineering Department - vetoed account 148 leaving $50,000 for contract services. Mr. Peotter moved to override the veto. Seconded by Mrs. Kavanaugh. Motion failed 3-1; Mr. Hansen, Mrs. Kavanaugh and Mr. Ogg voted YES with Mr. Peotter casting one NO vote. Mr. Peotter moved to reconsider and spread on the minutes. Seconded by Mr. Ogg. 149 Health & Sanitation - removed veto. Mr. Ogg moved to place $10,800 into 149 from Federal Revenue Sharing for KCA. Motion died for lack of a second. Support Services - Position ,salary cut to $17,248, ESC, FICA, Group Insurance and Retirement adjust to reflect changes, Professional Services cut to $2,000 (this refers to Data Services); OCS Council cut position salary cut to $17,248, ESC, FICA, Group Insurance and Retirement adjust to reflect changes, Auto Allowance -0-, Professional Services cut to $2,000. Mr. Hansen moved to transfer Data Services and OCS Council to the Manager's Department and Joint Forum/O.E.D.P. transfer to the Planning & Community Development Department. Seconded by Mr. Ogg. Motion failed 2-2; Mr. Hansen and Mr. Ogg voted YES with Mrs. Kavanaugh and Mr. Peotter casting NO votes. Mr. Ogg moved J that under Support Services there be two categories, (a) Data Services and (b) OCS Advisory Council in order to make it easier to read the budget. Seconded by Mr. Peotter. Mr. Peotter moved to amend by taking Joint.1b rum/O.E.D.P. and making it category (c). Seconded by Mr. Ogg. Amend- ment carried by unanimous roll call vote. Main motion carried by unanimous roll call vote. Mayor Wallin vetoed the 6.5 mills to reflect what the budget will total after all adjustments have been made. Item B Special Revenue Funds - dropped veto and asked consideration to put $10,800 to KCA and the balance of the Revenue Sharing Funds be put to swimming pool repair or parks & recreation purposes. Mrs. Kavanaugh moved to take $10,800 and transfer to KCA. Seconded by Mr. Ogg. Motion carried by unanimous roll call vote. Mr. Ogg moved to appropriate from Federal Revenue Sharing funds $16,800 to KMXT for the purpose of paying rent. Seconded by Mr. Hansen. Mrs. Kavanaugh moved to table. Motion to table died for lack of a second. Main motion failed 3-1; Mr. Hansen, Mr. Ogg and Mr. Peotter voted YES with Mrs. Kavanaugh casting one NO vote. Mr. Ogg moved not to designate the balance of the Federal Revenue funds at this time. Seconded by Mr. Peotter. Motion carried by unanimous roll call vote. It was pointed out that assembly line item approval within departments is already on the books. Mr. Peotter moved $10,800 be taken from Federal Revenue Sharing and be appropriated to the Health & Sanitation for KCA. Seconded by Mr. Ogg. Motion carried by unanimous roll call vote. Mr. Denslow explained that in order to put the Borough building on a paying basis, rents have been raised based on the going market rent rate. Recess called to 10:20 P.M.: meeting reconvened at 1030 P.M. Mayor Wallin requested to go into an executive session for the purpose of review of the Manager's contract and to reconvene at 6:30 P.M. tomorrow night; if no quorum, continue on through the week until the agenda is completed. Mrs. Kavanaugh moved the KIB ASSEMBLY MEETING - JULY 5, 1979 (Recessed to July 9, 1979) PAGE 6 meeting be reconvened at 6:30 P.M. on July 18th. Seconded by Mr. Peotter. Motion failed 1-3; Mr. Peotter voted YES with Mr. Hansen, Mrs. Kavanaugh and Mr. Ogg casting NO votes. Mrs. Kavanaugh moved for reconsideration and place on the minutes. Motion died for lack of a second. Mr. Ogg moved to go into executive session. Seconded by Mr. Hansen. Motion carried by unanimous roll call vote. Executive session adjourned at 10:55 P.M. Meeting to be recessed to 6:30 P.M. July loth. KIB ASSEMBLY MEETING - JULY 5, 1979.(Recessed to July 10, 1979) I CALL TO ORDER The meeting of July 5, 1979, which was recessed to July 6th and July 9th due to lack of a quorum, then recessed to July loth, was called to order by Mayor Betty J. Wallin at 6:37 P.M. in the Borough Assembly Chambers. II ROLL CALL The same members, Mr. Hansen, Peotter, in attendance at the A quorum was established. VIII OLD BUSINESS (Continued) Mrs. Kavanaugh, Mr. Ogg and Mr. July 9th session were present. C. Review Manager's Contract - Executive Session. Mr. Peotter reported the assembly had received a letter of resignation effective December 2, 1979 at the expiration of the contract of Mr. Denslow. Mr. Peotter moved to accept the letter of resignation. Seconded by Mrs. Kavanaugh. Motion carried by unanimous roll call vote. Mr. Ogg explained his motions under Assembly Comments re the manager's contract at the June 7th meeting. D. KANA Cottage Lease -Resolution 79-39-R. Mayor read corres- pondence, a draft resolution and a request for renewal for the KANA use permit. There have been several other requests for the use of the cottages. Dr. Pam Baglien, Mental Health, requested use of the cottages for developmentally disabled young adults in conjunction with the school. The program has been in effect for several years; now they need additional space. Dr. Anttonen explained this is a cooperative program with KANA, School District and Mental Health Center. This provides service for handicapped persons so they will not have to be institutionalized. It was suggested that the resolution be changed in the fourth paragraph, line two to read "negotiated renewal use permit". No action taken. Mr. Denslow stated the Borough is responsible for the major maintenance of the cottages. Mrs. Kavanaugh moved for adoption of Resolution 79-39-R. Seconded by Mr. Peotter. KANA has budgeted approximately $14,000 for the maintenance of the buildings. Mr. Peotter moved to amend the resolution, under paragraph 4 to read: "Now Therefore, the KIB Assembly authorize a three year extension of the current use permit with KANA to provide......". Seconded by Mrs. Kavanaugh. Mrs. Kavanaugh moved to amend the amend- ment, there being another paragraph after "program", by adding another paragraph to read: Further, that $15,000 will be budgeted each year for major maintenance projects. Seconded by Mr. Peotter. Mr. Denslow stated the resolution can be used as an attachment to the use permit. Amendment to the amend- ment carried by unanimous roll call vote. Amendment carried by unanimous roll call vote. Main motion carried by unanimous roll call vote. IX MANAGER'S REPORT 1. Distributed the preliminary report of the Pillar Mountain Geotechnical Committee. This is the first program report. 2. Distributed copies of the Afognak Development City proposal. There are approximately five thousand acres and no residents in this proposal. 1 0 0 n 2 0 n 7 h KIB ASSEMBLY MEETING - JULY 5, 1979 (Recessed to July 10, 1979) PAGE 7 3. Day Care Assistance program. The application has been filed and approved for $75,000. Letters have gone out to the School District, Mental Health Board and the Womens Resource Center. The Womens Resource Center is interested and is in- vestigating the program. The grant was effective July 1, 1979 and it is necessary to employ someone immediately for a one- half time position. The cost to the Borough will be approxi- mately $11,300. Approximately 54 children are served per week. Mrs. Kavanaugh moved that no action be taken until a subcontrac- tor is found for the program. Seconded by Mr. Peotter. Motion failed 1-3; Mrs. Kavanaugh voted YES with Mr. Hansen, Mr. Ogg and Mr. Peotter casting NO votes. Mr. Hansen moved that the borough assembly appropriate the funds to administer the Day J Care Program out of the balance of the Federal Revenue Sharing to the extent of $11,500. Seconded by Mr. Ogg. Motion failed 3-1; Mr. Hansen, Mr. Ogg and Mr. Peotter voted YES with Mrs. Kavanaugh casting one NO vote. Mr. Ogg moved to reconsider and sere on the minutes at the July 21st special meeting Seconded b - y_Nir._.Hansen- . 4. Stated the Borough has five projects, the Service Roads & Trails program, the High School parking lot, the new bids on the hospital for the construction of the contract for which the contract with Neal & Co. was severed, Larsen Bay School project and the Ouzihkie School project, in varing stages of construction representing in excess of $3,000,000 and at present is without engineering services. The Borough is obligated to provide engineering services as part of the local contribution. This matter of the engineering department will be reconsidered at the August 2nd meeting. 6. Community Development Block grant. Mayor Wallin read a memorandum from Mr. Denslow to the Mayor and Assembly re the HUD grant of a90,000. Stated there had not been a response to the letter of May 8th. Mayor Wallin read letter from Mr. Denslow to Mr. Jerome Duffy stating the borough clerk was acting (� manager at that time and the application was not his responsibil- ity. The final application deadline was June 18th. Extension The the filing deadline has been requested with no response to date. Requested direction. Mrs. Kavanaugh moved that the Borough at this time fill out the applications and send them to HUD immediately. Seconded by Mr. Peotter. Mr. Denslow stated this application involves two weeks time; suggested the clerk/treasurer's office assume the responsibility as he has been designated by the assembly as fac'-lities coordinator for the two school projects. Motion car_,ied by unanimous roll call vote. The Mayor suggested the planning department prepare the full application. 7. Advised of a lawsuit filed against KANA by an individual with respect to a personal injury accident which occurred in the apartment complex on which KANA has a use permit. The Borough is named a party in the liability on that case. Mr. Peotter moved that the borough attorney be directed to contact the KANA attorney by letter to apprise that we are aware of this issue. Seconded by Mr. Hansen. Motion carried by un- animous roll call vote. RE 6. Mayor directed that HUD grant be written by the manager and he ask Mr. Milligan to sit in to learn to write grants. RE 7. Stated the KANA use permit provides for borough liability (� insurance. l 8. Mike Sharon has represented the Borough on the SeaLand case. Advised the Borough has prevailed in court on the SeaLand•case having won on all points including attorney's fees and court costs. Stated Mr. Sharon should be complimented as this is a precedent setting case on all of Alaska. 9. Service District letters. Special counsel, Jim Crane was authorized in June to reply to the City of Kodiak regarding the detailed response of the Borough to the City's letter of April llth. Recommends authorization for the final typing of the letter of recommendation and the forwarding to the City. Re- capped a letter dated today from the City Manager on this matter. Mrs. Kavanaugh moved this item be scheduled fo: the special 1. 0 0 -1 3 0 7 5 2 KIB ASSEMBLY MEETING - JULY 5, 1979 (Recessed to July 10, 1979) PAGE 8 meeting of July 21, 1979. Seconded by Mr. Ogg. Motion carried by unanimous roll call vote. 10. Stated that the Felton gravel lease on B-1 will expire on August 3. To date there is no Bells Flats development plan and the lease is up for consideration. Mrs. Kavanaugh moved that the Felton lease on B-1 be given a six-month extension on the lease. Seconded by Mr. Peotter. Motion withdrawn with the consent of the second. Since the date of the August meeting is before the expiration date, this item will be placed on the July work session and the August 2nd meeting. 11. Explained that the Smokeater in the assembly chambers was purchased for $1,095 three years ago. The City of Kodiak has Jexpressed an interest in acquiring it since the Borough is no longer using it. Mrs. Kavanaugh moved that the Smokeater be offered to the City for $500. Seconded by Mr. Peotter. Motion carried by unanimous roll call vote. 12. Stated that OCS Advisory Council representatives had intended to report back to the Assembly on the LNG plant tour in Kenai but they are out -of town. This will be done at the earliest possible moment. RE 8. Mrs. Kavanaugh, in reference to the SeaLand case, moved that a letter be sent to Mr. Sharon commending him on a job well done. Motion carried by unanimous roll call vote. X NEW BUSINESS A. 1st Rdg. Ord. 79-24-0 Amending Sec. 6 of Title 2 KIB Code of Ordinances Relating to the Deletion of Monashka Bay from Monashka-Mill Bay Service Area & Changing the Title of the Service Area to Read Spruce Cape -Island Lake Service Area. Mayor Wallin read the ordinance by title only. Mrs. Kavanaugh moved for adoption of Ord. 79-24-0 at first reading. Seconded by Mr. Peotter. Mr. Denslow stated the Borough does not yet have a certification letter from DEC and EPA that all matters of surface and ground water pollution have been abated and the policy position might be in jeopardy. Mrs. Kavanaugh moved to table. Seconded by Mr. Peotter. Motion to table failed 2-2; Mrs. Kavanaugh and Mr. Peotter voted YES with Mr. Hansen and Mr. Ogg casting NO votes. Main motion failed 2-2; Mr. Hansen and Mr. Ogg voted YES with Mrs. Kavanaugh and Mr. Peotter casting NO votes. B. lst Rdg. Ord. 79-25-0 Creating a Five -Man Elected Board for Bells Flats/Russian Creek Service Area. Mayor read Ordinance by title only. Mrs. Kavanaugh moved for adoption of Ord. 79-25-0 at first reading. Seconded by Mr. Peotter. Motion carried by unanimous roll call vote. Mr. Denslow was directed to notify the citizens of Bells Flats of the ordinance. Mr. Ogg moved to have the second reading and public hearing at the special meet- ing of July 21st. Seconded by Mr. Peotter. Motion carried by unanimous roll call vote. C. 1st Rdg. Ord. 79-26-0 Rezoning Tract G1, USS 3218 from Un- classified to Business (Hatfield). Mayor Wallin read ordinance by title only. Mrs. Kavanaugh moved for adoption of Ordinance 79-26-0. Seconded by Mr. Peotter. Motion carried by unanimous roll call vote. D. 1st Rdg. Ord. 79-20-0 Amending Comprehensive Land Use Plan Rezoning Lot 2A, USS 3218 from Medium Density Residential to Business- (Assembly/Zimmer). Mayor Wallin read ordinance by title only. Mr. Ogg moved to adopt Ordinance 79-20-0 at first reading. Seconded by Mrs. Kavanaugh. Motion carried by unani- mous roll call vote. E. 1st Rdg. Ord. 79-28-0 For a Municipal Bond Proposal for School Facilities. Mayor Wallin read ordinance by title only. Mrs. Kavanaugh moved for adoption of Ordinance 79-28-0. Seconded by Mr. Peotter. Ordinance will be retyped in proper form.for second reading. Motion carried by unanimous roll call vote. Dr. Anttonen explained the school board's action on the bond l 0 0 113 0 0 7 h KIB ASSEMBLY MEETING - JULY 52 1979 (Recessed to July 10, 1979) PAGE 9 issue. Mayor.Wallin asked that a joint Borough/School Board work session be scheduled before the second reading. F. Resol. 79-34-R Calling for a Proposition to be Placed on the Ballot at the October Regular Election for the Purpose of Determining Whether.or Not the KIB Shall Retain the Manager Form of Government. Mayor Wallin read the resolution by title only. Mr. Ogg stated that at this time he felt the people would be voting on an individual rather than the position. Mrs. Kavanaugh moved for adoption of Resolution 79-34-R. Seconded by Mr. Hansen. Motion failed,0-4 with Mr. Hansen, Mrs. (� Kavanaugh, Mr. Ogg and Mr.Peotter casting NO votes. ILJI G. Resol. 79-35-R Authorizing a Negotiated Lease to KMXT for an Antenna Site. Taken care of with Item VII E. H. Resol. 79-36-R KEA Request for Powerline Easement. Mayor Wallin read the resolution. Mrs. Kavanaugh moved for adoption of Resolution 79-36-R. Seconded by Mr. Hansen. Motion carried by unanimous roll call vote. I. Resol. 79-37-R Providing Space for Legislative Information Office and Teleconferencing Site. Read by title only. Mr. Hansen moved for adoption of Resolution 79-37-R. Seconded by Mr. Ogg. Mrs. Kavanaugh moved to amend in paragraph four to delete all after BE IT FURTHER RESOLVED and to read "the State of Alaska to pay rent in the amount established for said area." Seconded by Mr. Peotter. Mrs. Kavanaugh moved to amend the title to read "A Resolution of the KIB Assembly Authorizing Leasing Office Space for the State Legislative Information Office/Teleconferencing Site" and in paragraph three, line two delete "allocate" and substitute "lease". Seconded by Mr. Peotter. Mr. Ogg moved to table. Seconded by Mr. Hansen. Motion carried by unanimous roll call vote. J. P & Z Recommendation on Welborn Borrow Site Lease of Fiji Tract B-2. Mrs. Kavanaugh moved to table to the August meeting. Seconded by Mr.Peotter. Motion failed 2-2; Mrs. Kavanaugh and Mr. Peotter voted YES with Mr. Hansen and Mr. Ogg casting NO votes. It was explained that Mr. Welborn had attempted to renew his lease at the proper time. Mr. Welborn explained that he had tried to renew in June, 1978 and had followed proper procedures. Felt P & Z was not aware of all that had transpired since then. Mrs. Kavanaugh moved that the borrow site renewal lease from Russell Welborn be returned to P & Z for a hearing on the subject with Mr. Welborn in attendance. Seconded by Mr. Hansen. Motion carried by unanimous roll call vote. K. Cooperative Agreement for Park Development -Land Management Consultant Recommendations. Mayor Wallin read the correspondence. Mrs. Kavanaugh moved to accept consultants recommendation #2. Seconded by Mr. Peotter. Motion carried by unanimous roll call vote. L. Borough Counsel Response to Hospital Liability Question. This was in answer to a request from the Assembly. Mrs. Kavanaugh moved that copies of the policies be turned over to Mr. Garnett for his perusal to see that the Borough is protected. Seconded by Mr. Peotter. Motion carried by unanimous roll call vote. M. Alderwood Project Report. Mrs. Kavanaugh moved to accept the $100 payment in lieu of the fine and the Borough dismiss the case. Seconded by Mr. Peotter. Motion carried by unanimous roll call vote. 0. Financial Statement of May 1979. Mrs. Kavanaugh moved to acknowledge receipt of the financial statement May 1979. Seconded by Mr. Peotter. The Clerk was asked to find out the details of an expenditure under contingencies and report to Mr. Ogg and the mayor. Motion carried by unanimous roll call vote. KIB ASSEA3LY M2ETrNG - JULY Z A 79 (Recessed to July 10, 1979) PAGE 10 P. School District Budget Report May 1979. Mrs. Kavanaugh moved to acknowledge receipt of School District Budget Report May 1979• Seconded by Mr. Ogg. Motion carried by unanimous roll call vote. Q. Attorney's Monthly Reports. Mr. Ogg moved to acknowledge receipt of the Attorney's Monthly reports. Seconded by Mr. Hansen. Motion carried by unanimous roll call vote. XI MAYOR'S COMMENTS 1. Stated the Borough letters and offers to assist of thanks from Don Young, Congressman; Ted Stevens, U.S. Senator; and Jay Hammond, Governor, for the communications re the Dog Bay Harbor. 2. Stated the City of Kodiak had sent a letter asking for non - objection re 100% annexation petition for Lot 2A, USS 3098. Mrs. Kavanaugh moved to voice non -objection. Seconded by Mr. Ogg. Mrs. Kavanaugh moved to amend adding "if in the opinion of our attorneys there is no precedent setting in giving our appnrval for non -objection". Seconded by Mr. Peotter. Amend- ment carried by unanimous roll call vote. Mr. Denslow stated this is under review by Mr. Crane and Ms. Katz. Main motion carried by unanimous roll call vote. 3. Read letter from City of Kodiak re increase in rent in the borough building. Mr. Denslow stated he has discussed this matter with the City Manager; there will be further discussions with a report made to the Assembly. 4. Stated the City of Kodiak had asked the Borough to consider the National Flood Insurance Program. Since this item was tabled at the last meeting, unless action is taken tonight, this item dies. No action was taken. 5. Read invitation to participate in Mayors' Touch Football game in Seward on September 15th. XII ASSEMBLY COMMENTS Mrs. Kavanaugh: 1. Moved a resolution be prepared for the July 21st special meeting calling for a proposition to be put on this year's ballot prohibiting the sale of fireworks in the KIB. Seconded by Mr. Peotter. Motion failed 3-1; Mrs. Kavanaugh, Mr. Ogg and Mr. Peotter voted YES with Mr. Hansen casting one NO vote. Mr. Peotter: None Mr. Hansen: None Mr. Ogg: Pointed out that there is a great dust problem on Mill Bay Road which has contributed to auto accidents. Otmeloi/ Rezanoff Road, Spruce Cape road and Bells Flats road are all affected by this problem. Suggested staff take photos of this condition to be submitted with a resolution to the state re- questing paving of these roads. The mayor so directed this be done. 2. Directed the manager to set the policy that the KIB postage machine be used only for borough business. 3• Stated the Borough has until August 8th to file an appeal in the Royal Large case. Mayor Wallin recommended this be put on the August 2nd meeting. 4. Moved that the manager respond to individual assembly and mayor, requests as well as those from the body as a whole. Seconded by Mr. Hansen. Motion failed 3-1; Mr. Hansen, Mr. Ogg and Mr. Peotter voted YES with Mrs. Kavanaugh casting one NO vote. The mayor asked that all assembly members and herself be given the same courtesies. XIII AUDIENCE COMMENTS Bill Glynn, KPBC: Stated Kodiak Public Broadcasting Corporation did not budget for the increased rent for KMXT space and cannot pay it. They do not receive janitorial service, repairs or KIB ASSEMBLY MEETING - JULY 5, 1979 (Recessed to July 10, 1979) PAGE 11 maintenance from the Borough and have no heat in the winter or ventilation in the summer and pay their own insurance. Asks reconsideration. Dave Thompson, General Manager of KMXT: Concurs with Mr. Glynn. Tom Logan: Feels the managerial system of government is a rip- off and too much money is being spent on consultants. Charlie Davidson: Director of KMXT: Concurs with Mr. Glynn and Mr. Thompson. Mr. Ogg moved to reconsider and spread on the minutes re the KMXT rental at the special meeting of July 21, 1979. Seconded by Mr. Hansen. XIV ADJOURNMENT The meeting was adjourned by Mayor Wallin at 9:45 P•M• Borough ayor ATTEST Borough/Clerk Acting ITEM X N. Audit Report KIB Hospital 1978. Mrs. Kavanaugh moved to acknowledge receipt of the audit report of KIB Hospital 1978. Seconded by Mr. Peotter. Mayor requested a report from the hospital board within sixty days. Motion carried by unanimous roll call vote.