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1979-07-21 Regular Meeting') 0 0 0 2 0 0 7 h h KODIAK ISLAND BOROUGH ASSEMBLY SPECIAL MEETI9G-JULY 21, 1979 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER The meeting was called to order by Mayor Betty J. Wallin at 9:08 A.M. in the Borough Assembly Chambers. II POLL CALL Present Mrs. Betty J. Wallin, Mayor �y Dr. Michael Emmick �Uf Mr. Arnold T. Hansen Mr. Edward Jack Mrs. Sandra Kavanaugh Mr. Dan Ogg Mr. James Peotter A quorum was established. III ITEMS OF BUSINESS Absent Mr. [Jilliam Fearn (out of state) Dr. Emmick moved that the agenda be rearranged to put Assembly- man William Fearn's resignation as Item #1 and Executive Session as Item ##2. Seconded by Mr. Peotter. Motion carried by unanimou^ roll call vote. Mayor Wallin read correspondence. Mr. Peotter moved to accept Mr. Fearn's resignation and appoint Mr. Phil Anderson to fill the remainder of his term. Seconded by Dr. Evinick. Mayor directed the attorney, 11r. Garnett, to check -to ascertain whether an appointment can be made for the remainder of the term or only until the next regular election. Garnett stated that according to AS Sec. 29.23.080 an appointed assembly member can serve until the next regular election. Dr. Emmick called for question. Seconded by Mr. Jack. Motion carried 4-2; Dr. Emmick, 1r. Jack. Mrs. Kavanaugh and Mr. Peotter voted YES with Mr. JJa_nsen and Ir. Ogg casting NO votes. Ir. Peotter moved that the term be until the next regular election. Seconded by Dr. Emmick. -lotion carried 5-1; Dr. Emmick, Mr. Hansen, Mr. Jack, Mrs. Kavanaugh and Mr. Peotter voted YES with sir. Ogg casting one "',0 vote. Mr. Ogg moved to reconsider and spread on the minutes; died for lack of a second. Mr. Anderson stated he coulc' not do justice to both P E Z Commission and Assembly and would relinquish his commissio,i seat. The Borough Clerk administered the oath of office to 'Ir. Phil j'9nderson. 1. Executive session called at 9:30 A.M. Executive session re- cessed to accommodate the audience. Regular meeting reconvened at 10:40 A.M. 3. Day Care Assistance Program. Rr. Hansen moved 'to call up the item for reconsideration; motion that the borough assembly appro- priate the funds to administer the DC Program out of the balance of the federal revencue sharing, to the extent of $11,500. Notion to call up seconded by Mr. Ogg. Mayor Wallin read the correspondence from Stu Denslow, Margaret C. Childs, Pres. of -the Kodiak Women's Resource Center Board; David R. Morrison, Program Director, K[lCDC Susan Jewell; Theresa Wightman; Karen Lee., Bonny Dorman, Vicki Shields, Grace Anderson, Kaylene R. Kelley, Patricia Cloud, Judith Amesbury, Susan Muzsek, Small World Inc.; Georgia Putney.•, and ancy R. Frost, Vice Pres., Small World Board of Directors. '. addition, a Dave Morrison, KACDC; Dan Massey, State Dept. of Health 8 Social Services; Harold Sanderson, Special Services, USCG Support Center; Susan Jewell and Cheryl Culbertson spoke in favor of the DCA program, Mr. Denslow summarized the background of this item. 7•Jrs. Kavanaugh moved to amend the motion that the Day Care Assistance program be administered in house by the computer office, doing the billing and any other computer items, and the other administrator be taken out of the OCS office. Notion died for lack of a second. Mr. Ogg moved to amdn that the assembly appropriate $11,395 to administer the program out of the balance of the revenue sharing .snds. Seconded by Hr. Hansen. Dr. Emmick moved to table the program until we can come up with a source of funds to support it and come to.a meeting of minds on the program. Seconded by Mrs. Kavanaugh. Motion to -table- failed'-3- 4 ,- Dp. Emmi ck, 'Ir. : nderson, Mrs. :avanaugh voted YES with Mr. Nansen, 'p1r. Jack, `ir. l 0 0 0 2 Q n 7 6 7 KIB ASSEMBLY SPECI.AL M-'iTI IG-,IULY 21, 1970 P,1G: 2 Oog and Mr. Peotter casting :10 votes. Mrs. .avanaag.i questioned. travel and per diem costs. Ars. =<avanaug:i move3 to amenl the amendment that :-1,OOJ under travel and per diem be .eJacted from the ;11,395. Seconded by 'fr. Jack. Secon.: amendment Carrie(_ b-•2; Dr. Emmick, Mr. Anderson, i4r. Jack, -:rs. Kavanaugh an 'Ir. Peotter voteu YES with Mr. `Iansen anu i4r. 0u-, castin; 0 votes. First amendment carried 5-2, Mr. Anderson; ir. ii.ansen, 71r. Jack, `r. Ogg an,:: Ar. Peotter voted YES with Dr. Emmick and Mrs. Kavanaugh castingNO votes. Main notion carried b-1: Dr. Emmick, Mr. /L'ider- son, !fr. Hansen, Mr. Jack, Iirs 0,-„ and 11r, Peotter voted YES with Mrs. Kavanaugh casting one JO vote. 11r. Jack was excused at 11:45 A." . ,ilIayor Wallin stateu that Ftr. Morrison requestel Item 7 be removed from the agenda due to lack of final information. 5. KMXT. Mr. Ogg callea the item on the floor. Mayor ruled that the motion `;to appropriate from fe'eral revenue_ sharing funds ,i16,d00 to KMXT for the Durpose of paying rent' be on the floor (see minutes of July 5th, Pg. 5, lines 35 through 4n). The rents were raised in order for the Borough to set uo a funs for major building maintenance. Mrs. Kavanaugh t:ioved to table until some conclusion is ma:ie on what rents will be. Secondeu by Mr. Anderson. notion carried 4=2 Dr.'Eminick, Mr. Anderson, Mrs. Kavanaugh and Mr. Peotter voted YES• wi-Eh Ir. `iansen and 11r. Ogg casting 140 votes. 3. KAJA 4ational Health Service Corps Grant Application -Jerome Selby. Mr. Selby made his presentation. Ilrs. Kavanaugi moved that the question of the KiIA doctor/dentist and the nees for these be sent to the Health Resources :Quncil for. recommendation. Seconded by Mr. Ogg. As a member of the IIealtii Zesources Council, Mr. Selby will disqualify himself when this item is considered. Motion carried 5-0 with Dr. Emmicic •?isollalifyinn b1msc1£ hana„ao of conflict of interest. J 9. :IBA-Alderwood. Mr. Jan Siebarts, .'P.;, made a presentation on the replat of Alderwood. Dr. Elamick moved for adoption of Resol- ution 79-40-R. Seconded by -ors, Kavanaugh. _Motion carried by unanimous roll call vote. 6. Ordinance 79-25-0 Creating a Five -Ian Elected Board for Bells Flats/Russian Creek Service Area - P..iblic Hearing, Ordinance read by title only. 11r. Ogg moved to adopt Ordinance 79-25-0. Seconded by -Ir. Hansen. Close regular session; open public hearing. Lorene Hatsen, resident of Russian Creek Area: Asked that -supervising and furnishing" be defined. i4ayor `lalliu explained that the board would not be responsible for the levying and collection of taxes in that area.and that the five -man elected boarl would be staggered terms. Hatsen is in favor of the orcinanee. Public hearing closed; regular session reconvened. :fayor I'allin pointed out that if this ordinance passes, persons interested in running for the board should contact the borough clerk/treas- urer as the petitions will be available August 2, 1979. Mr. Peotter moved to amend by inserting "advisory after the word .elected" and before the word "board". Seconded by Dr. Emmick L I Amendment carried 5-1; Jr. Emmick, Mr. Anderson, i1r. Hansen, Mrs. Kavanaugh and Mr. Peotter voted YES with iir. Ogg casting one i40 vote. ,Ir. Garnett suggested the word "alternating" be changed to 'staggered" and that the opening phrase read BE IT ORDAINED there is created by the Kodiak Island Borough Assembly under .....'. Dr. Emmick moved to amend to incorporate the suggested terminology into the ordinance. Seconded by Mr. Peotter. .'amendment carried by unanimous roll call vote. Main motion as amended carried by unanimous roll call vote. Mrs. Kavanaugh excused at 12.41 P.M. for approximately 45 minutes. KIB ASSE14BLY SPECIAL MEETING -DULY 21, 1979 PAGE 3 4. Service District I. llayor Wallin read correspondence dated June 6, 1979. 1"r. Ogg moved to send the letter prepared for the mayor's signature by the attorney's office to ;Mayor Stevens. Seconded by Mr. Hansen. Motion carried by unanimous roll call vote. Iayor called a five-minute recess. Assembly reconvened the executive session at 1:05 P.M. Regular session reconvened at 3:05 P.M. 1. Kodiak LIvestock Cooperative. Dr. Erunick moved to enforce the restrictive covenant. Seconded by firs. Kavanaugh. ':lotion carried 5-1; Dr. Emmick, Mr. Anderson, Mr. Kansan, Mrs. Kavanaugh and Mr. Peotter voted YES with Mr. Ogg casting one 110 vote. 2. KAAA Litigation. AIr. Peotter moved the situation be referred to the insurance company for indemnity. Seconded by 11r. Ogg. Motion carried by unanimous roll call vote. 3. P i; Z Rezoning Re: Off -Street Parking. Mr. Peotter moved to move forward with the recommendations set forth by the P 6 Z commission. Seconded by Dr. Emmick. Ar. Ogg moved to amend --to delete the section to the borough attorney to take whatever action is necessary to insure that no further constructions take place. Seconded by Mr. Hansen. Amendment carried by un- animous roll call vote. Main motion carried by unanimous roll call vote. Mayor stated that if the P & Z decides that they will use the attorney for upholding or helping them in continu- ing with whatever decisions they come out with they may do so. llrs. Kavanaugh stated that it was her understanding that the attorney would be there Tuesday to clarify the P l; Z's position, not necessarily tthn-,Pyty' s position, *%Q = rka off-A=aet parik� 4. Ordinance 79-22-0, Rezoning of Old harbor, and Ordinance 79-23-0, Rezoning of Port Lions. Mr. Ogg moved that technical changes be done on the cover page of these two ordinances. Seconded by Mr. Peotter. Motion carried by unanimous roll call vote. 5. Telephone Monitoring. Mr. Peotter moved that the rianager be directed that anyone found monitoring telephone calls, that that individual be brought before the assembly for direction for im- mediate termination. Seconded by Mrs. Kavanaugh. Notion carried by unanimous roll call vote. 6. Community Development Block Grant. Dr. Emmick moved that the clerk prepare, at least start to craft, the block grant as acting manager, in the absence of the manager, and with the assistance of the manager where needed. Seconded by Mrs. Kavanaugh. Motion carried by unanimous roll call vote. 7. Incoming Mail. Hr. Ogg directed the clerk that all mail that comes into the office be stamped before it be given to anyone else or handed out amongst the offices. Itayor directed a memo be prepared by the manager to all staff that no mail shall be picked up from the clerk/treasurer's office until the borough received stamp has been applied on it and that mail will be immediately stamped upon being received. Ij IV ADJOUR14MENT' Mayor Wallin adjourned the meeting; at 3:15 P.7:. _ • Borough VIYA111 f,.ITEST: acting Borough Clerk