10/04/1979 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY REGULAR MEETING-OCTOBER 4, 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 6:35 P.I.1. in
Borough Assembly Chambers.
II ROLL CALL
Present Absent
Mr. Phillip C. Anderson
Dr. Michael Emmick
Mr. Arnold T. Hansen
i+lr. Edward B. Jack
Mrs. Sandra Kavanaugh
Mr. Dan Ogg
Mr. James Peotter
Firs. Betty J. Wallin, Mayor
A quorum was established.
III ACCEPTANCE OF AGENDA
Mr. Ogg moved that Items C and E under Public Hearings be moved before Item A,
VII. Seconded by Mr. Hansen. Motion carried by unanimous roll call vote.
Mr. Ogg moved that two additions be made under VI Communications and Appear-
ances: F. P & Z appointment; and G Letter from KANA Housing Authority.
Seconded by Mr. Hansen. Motion carried by unanimous roll call vote, Mr. Jack
moved to closed the agenda. Seconded by Mr. Ogg. Motion carried by unanimous
roll call vote.
IV MINUTES OF PREVIOUS 14EETING
A. Assembly -Regular -September 6, 1979 (recessed to September 7, 1979)
-- Mr. Hansen moved for acceptance of the minutes as presented. Seconded by
Mr. Ogg. Mayor Wallin directed the clerk to make the following changes:
Page 1, Item IV, line 5, change "excise" to "excuse"; Page 4, Item IX B,
line 1, delete "amend and"; and line 4, delete "main" and "as amended"; and
Page 7, Item VI K, line 4, change "recuperating" to "recouping". Motion
to approve minutes as corrected carried by unanimous roll call vote.
V MINUTES OF OTIER MEETINGS
A. Mental Health -August 4, 1979
B. School Board -September 10, 1979
C. OCS-April 10, May 9, June 12, July 9, August 14, 1979
D. O.E.D.P.-July 30, 1979
Mr. Peotter moved to acknowledge receipt of Items A, B, C and D. Seconded
by Mr. Jack. Motion carried by unanimous roll call vote.
VI COMMMUNICATIONS & APPEARANCES
A. Memo re. Kodiak Community College Site Plan Approval (Info only). Mayor
Wallin read the memo. No action necessary.
B. Subdivision regulations (Info only). Mayor Wallin read the memo. iir. Ogg
moved that the public hearing for the subdivision regulations be set for
6:30 P.M., November 15, 1979, tentatively. Seconded by Mr. Hansen. Motion
carried by unanimous roll call vote.
C. Request Special Meeting Ratification Election (October 9, 1979). Mayor
Wallin read memo from the Clerk/Treasurer. 11r. Hansen moved that a special
meeting for ratification of the election be held October 9, 1979 at 6:30 P.M.
Seconded by Mr. Ogg. Mr. Hovanec stated he would like to have a HUD public
hearing at this meeting. Mr. Ogg moved to amend the make ratification Item A
at the special meeting. Seconded by Mr. Hansen. Amendment carried 6-1; Lir.
Anderson, Mr. Hansen, Mr. Jack, Mrs. Kavanaugh, Mr. Ogg and Ar. Peotter voted
YES with Dr. Emmick casting one NO vote. The IIDD Small Cities Grant public
hearing will be Item B. Main ;notion as amended carried 5-2; Mr. Anderson,
Dr. Emmick, Mr. Hansen, Mr. Ogg and Mr. Peotter voted YES with Mr. Jack and
Mrs. Kavanaugh casting 140 votes.
t? n 7 9
KIB ASSEMBLY MEETING-OCTOBER 4, 1979
PAGE 2
D. O.E.D.P. Appointments. Mayor Wallin read correspondence with recommenda-
tions. Dr. Emmick moved for the reappointment of Bob Peterson, Ann Moen and
Ed VanFleet and the appointment of Doreen Freeborn and Paul Stubbe for three
years, terms to expire September 1, 1982. Seconded by Mr. Hansen. Mrs.
Kavanaugh moved to amend to indicate that the assembly ratify the three
the O.E.D.P. committee sent a memo on (Peterson, Moen and VanFleet). Seconded
by Mr. Jack. Amendment failed 3-4; Mr. Anderson, Mr. Jack and Mrs. Xavanaugh
voted YES with Dr. Emmick, Mr. Hansen, Mr. Ogg and I1r. Peotter casting NO votes,
Main motion carried 6-1; Mr. Anderson, Dr. Emmick, Mr. Hansen, Mr. Jack, Mr.
Ogg and Mr. Peotter voted YES with Mrs. Kavanaugh casting one I0O vote. The
O.E.D.P. committee tentatively set their regular meeting for the third
Tuesday of each month.
E. Hospital Advisory Board Appointment. Mayor Wallin read the correspondence.
Mayor Wallin recommended Judy Francisco be appointed to the Hospital Advisory
Board. Mr. Jack moved for ratification of appointment of Judy Francisco.
Seconded by Mr. Iiansen. Motion carried by unanimous roll call vote.
F. P & Z Appointment. Mayor Wallin read the correspondence. Mayor 17allin
appointed Don Baker. Mr. Anderson moved for ratification of the appointment
of Don Baker. Seconded by Mr. Peotter. motion carried by unanimous roll call
vote.
G. Letter from KANA Housing Authority. Mayor !lallin read the correspondence.
No action taken. Staff was directed to request the attorneys report and
response at the earliest time possible.
VII PUBLIC HEARINGS
A-1. Ordinance #)79-31-0 Amending Comprehensive Land Use Plan (Koniag).
Mayor Wallin read the ordinance. Mr. Hansen moved to approve Ordinance
$79-31-0. Seconded by Mr. Ogg. P & Z commission recommends approval.
Regular session closed; opened public hearing.
-- Capt. V. F. Beach, Commanding Officer, U.S-Support Center: Mayor Wallin read
commque objecting to Koniag rezoning and amendment of the present com-
prehensive plan. Feels area should remain conservation, not be rezoned indus-
trial for the following reasons: 1) it falls within a protective buffer zone
established around the Coast Guard Communications Station; 2) the land
included within the parcel in question is subject to an agreement dated
Aovember 9, 1977 among Koniag, Inc., Secretary of Interior and the Commandant
of the U.S.C.G.; and 3) the parcel requested for rezoning is not limited to
the area immediately surrounding the old shipyard. Requests denial.
Lt. Leo Kenny, Legal Officer, U.S.C.G.: Noted the area is no longer a part of
the Coast Guard Support Center --is now borough land.
Lt. Cdr. Joe Bernard, Commnanding Officer, U.S.C.G.: Stated this industrialization
would cause interference to the Holiday Beach communication site. He explained
the interference to the Holiday Beach communication site which would be created
by electro-magnetic noise at such an installation as proposed.
hank Eaton, Koniag, Inc.: Stated the Coast Guard has been aware of the Koniag
plan since wovember, 1978. Koniag investigated and found that with the proper
condenser ban':s and prover grounding it could all be shielded. Feels'they are
within the covenant.
Lt. Cdr. Joe Bernard: Stated this would make the receiver site less sensitive;
any industrial zoning within the radius circle presents the same potential
problem. Coast Guard instruction shows Shannon Point within a zone in which
they should allow only housing. Pointed out that the borough drawings show
approximately a ten (10) acre tract but the property description includes
approximately forty-six (46) acres.
Bank Eaton: Pointed out that Koniag has plans for putting in a bottomfish
processing plant in this location; there will not be an excessive amount of
electronic equipment and would be classified as light industry. Xoniag has
expended to date $70,000 on feasibility studies, resource studies, appraisals
and surveys.
Bea Geddes: Asked when the agreement was signed. ')as informed it was signed
December 19, 1977. She statel three had been a shipyard there for quite a
long time. Lt. Cdr. Bernard p3in4ed out that this shipyard had no doubt caused
some interference to the =:-iunications site.
7
P.IB ASSEMBLY
MEETING-OCTOBER 4,
1979
PAGE 3
At 0:25 P.M. Mayor Wallin called a ten minute recess. Public hearing reconvened
at 3:35 P.M.
Scott Arndt: Commented that approximately ten years ago, before the Oative
Lands Claim, a similar request was made and turned down by the Coast Guard with
the same arguments presented tonight. Mr. Arndt requests the zoning be looked
into further.
Lt. Kenney Rebuttal; Stated this plan will cause a conflicting land use. If
the interference should continue to increase, it is possible that the communi-
cations site could be moved from this island to a quieter island. Suggested
the acreage to be rezoned be checked and that the request go back to P & Z for
further study.
Hank Eaton, Rebuttal: Reiterated that the Coast Guard has known of this plan
as recently as three weeks ago and had given no indication of their opposition.
Stated that Koniag is only interested in rezoning the shaded portion of the
map, approximately ten (10) acres.
]Mayor'Wallin closed the public hearing; regular session reconvened. ;x. Peotter
moved that the item be tabled until the two parties in question can settle their
differences and come back. Seconded by Dr. L•i,mtick. The chair asked for a roll
call vote on Mrs. Kavanaugh's request to abstain because of conflict of interest,
Motion carried 4-2; Mr. Anderson, Dr. Emmick, Ar. Jack and mr. Peotter voted YES
with Mr. Hansen and Mr. Ogg casting AD votes. iiotion to table failed 3-3 with
Mrs. Kavanaugh abstaining; Dr. Frtrnick, Hr. Hansen and Mr. Peotter voted YES with
Mr. Anderson, Mr. Jac]: and Mr. Ogg casting A0 votes. Mr. Ogg moved that accurate
maps accompany the documents when they return to the assembly. Seconded by Mr.
Hansen. Motion carried by unanimous roll call vote with Mrs. I:avanaugh
abstaining. Dr. Emmick moved tr remand the item to the P Commission
Seconded by Mr. Peotter. Motio:: carried by unanimous roll call vote with Mrs.
Kavanaugh abstaining.
A-2. Ordinance #79-33-0 Rezoning Approximately A6 acres within USS 2539 from
Conservation to Industrial (Koniag). Air. Anderson moved to remand the rezoning
back to Planning and Zoning. Seconded by Dr. Imnick. Motion carried by
unanimous roll call vote with Mrs. Kavanaugh abstaining.
A. Ordinance #79-29-0 Use of Idcn-Conforming Lots. Mayor 17allin read the
ordinance. Mr. Hansen moved for adoption of Ordinance #79-29-0. Seconded by
Mr. Anderson. Mayor liallin closed the regular session and opened the public
hearing.
Art Bors: Spoke in favor of the ordinance.
Public hearing closed; regular session reconvened. Mr. Ogg moved to amend to
place "not" after "If" in Section 1 D. Seconded by Mr. Ilansen. Amendment
failed 2-5; Mr. Hansen and Mr. Ogg voted YES with Mr. Anderson, Dr. Ltmnick,
Mr. Jack, Mrs. Kavanaugh and Mr. Peotter casting rlo votes. Motion carried
5-2; Mr. Anderson, Dr. Emmick, Mr. Jack, Mrs. Tavanaugh and Mr. Peotter voted
YES with Mr. Hansen and Mr. Ogg casting 170 votes.
B. Ordinance #79-30-0 Amending Comprehensive Land Use Plan Reclassifying
Lots 16A, B and C, USS 3093 from Medium Density Residential to Business (Burke
& Kealey) . Mayor Wallin read to ordinance. llr. Ilansen moved for adoption of
Ordinance #79-30-0. Seconded by tar. P_nderson. Regular meeting closed; public
hearing opened.
J. T. Grogan: Is currently negotiating to buy a portion of the adjacent
property. Would like to keep it zoned residential.
Public hearing closed; regular session reconvene0. Motion carrie,.i by unanimous
roll call vote.
D. Ordinance #79-32-0 Rezoning Lots 16E, D anC, USS 309J front Unclassified
to Business (Durke & Kealey). Mr. Ogg noveO to adopt Ordinance 2)79-32-0.
Seconded by Mr. Jack. Mayor I•lallin rear? the correspondence. Closed regular
session; opened public hearing.
No one spoke for or against the ordinance.
'1 1 ,3 7 9
KIB ASSEMBLY MEETING-OCTOBER 4, 1979
PAGE "
Closed public hearing; regular session reconvened. Notion carried by unanimous
roll call vote.
F. Ordinance #79-35-0 Funding the .Assessing Clerk Position 1979-BO Budget Year.
Mayor Uallin read the ordinance. Mr. Hansen moved for adoption of Ordinance
#79-35-0. Seconded by Mr. Ogg. Closed regular session; opened public hearing.
Wo one spoke for or against the ordinance.
Closed public hearing; regular session reconvened. lir. Hansen moved to amend
that in Section 3. add that $50.00 be disbursed among the Items 146.06 and
146.07. Seconded by Mr. Ogg. Amendment carried by unanimous roll call vote.
Main motion carried by unanimous roll call vote.
G. Ordinance $79-36-0 ,Appropriating the Sum of $63,674.00 for School Construc-
tion at Ouzinkie. Mayor 79allin read the ordinance. Mr. Ilansen moved for
adoption of Ordinance 079-36-0. Seconded by i+ir. Jack. Closed regular session;
opened public hearing.
John Anttonen, School Superintendent, KIB: In favor of the ordinance.
Closed public hearing; regular session reconvened. ':otion carried by unanimous
roll call vote.
VIII OLD BUSINESS
A. National Flood Insurance. As a tabled item, subject was reintroduced.
Mayor Uallin reviewed the background and read correspondence. Mr. Peotter
moved that staff proceed to apply for eligibility for :National Flood Plain
Insurance as outlined in the letter from Gloria ii. Jimenez dated September 10,
1979. Seconded by Mr. Anderson. Mr. Ogg moved by substitute motion to take
no action until the Assembly receives further information at a meeting between
the City and Assembly and also receives further information from the federal
government. Seconded by Mr. Anderson. Substitute motion carrier: 6-1; Nr.
-- Anderson, Dr. Etrimick, Mr. Hansen, Mr. Jack, Firs. Kavanaugh and _ir. Ogg voted
YES with Mr. Peotter casting one NO vote.
B. Sea -Land. Mayor Wallin read the correspondence. Mr. Peotter moved to
send a letter of thanks to Mr. Ed Haney for his endeavors in this matter.
Seconded by Mr. Anderson. Motion carried by unanimous roll call vote.
C. School Bond Issue. Mayor Uallin read correspondence and presented
report of conference with Mr. Robert B. Flint, hond counsel, suggesting time
schedule for first and second readings of the proposed ordinance and the
Special election for voting on the school bond issue. Or. Anttonen reaffirmed
this schedule. Mr. Hovanec explained the operation of the state bond bank as
it could affect KIB. Mr. Flint stated the bond ordinance could present the
request in one sum or the total amount could be broken down into units.
hlrs. Kavanaugh moved that Ordinance #79-28-0 be renumbered Ordinance 079-28-0(A)
and in section 3 change the date from October 2, 1979 to December 4, 1979.
Seconded by Mr. Peotter. Motion carried by unanimous roll call vote.
IX MANAGER'S REPORT
1. Announced that the Larsen Day school contract had been signed September 26,
1979 and the Ouzinkie school contract is scheduled to be signed tomorrow,
October 5th.
S. Stated the state revenue sharing program for 1980 will be forthcoming.
KIB should receive $109,603 by the end of October. The total applied for this
year is 5237,311.
A five-minute recess was called at 10:18 P.n. Meeting reconvened.
3. Memo -October 2, 1979-Supplemental 'Tax Bills. Pointed out it is neces-
sary to keep Mr. I4hitehead of Financial lanagement Associates on to put this
program into the computer in order to meet the tax deadline.
4. Letter from Department of Community and :regional 'affairs stressing the
confidentiality of the Day Care Assistance program. The borough has not
been able to provide permanent office space in the borough building. Ms.
Susan Dellitt-Ramaglia, administrator, has had verbal approval from the
state to operate the program from her home (she would not be charging rent).
i n n n 2 0 n 7 9 5
KIB ASSEMBLY MEETING-OCTOBER n, 1979
PAGE 5
Mr. Peotter moved that the Day Care Assistance Program be allowed to be moved
to 11s. Ramaglia's home. Seconded by Mr. Jack. Aotion carried 5-2; Mr.
Anderson, Mr. Hansen, Mr. Jack, Mrs. I:avanaugh and Mr. Peotter voted YES
with Dr. Emmick and Mr. Ogg casting AD votes.
5. Letter from KMXT re. Borough assembly sound System. For information and
study.
6. hospital Roof. Correspondence for information. Action is being taken to
seal the flashing while design and cost estimates are being taken and con-
sidered for replacement of the roof by Maynard & Partch.
7. HUD Small Cities Block Grant. Requested public hearings for community
input at special meetings on October 9 and October 11, 1979. Mr. Ogg moved to
place the HUD grant public hearing as Item B. at the special meeting of
l j October 9th and that a special meeting will be held on October llth at 6:00 P.H.
Seconded by Mr. Hansen. Motion carried by unanimous roll call vote.
Mr. Hovanec stated that the access improvements for the elderly housing will be
included in the City HUD grant preapplication.
8. International Seafoods Litigation. Mr. Peotter moved to go to executive
session to discuss the matter of litigation and following the close of the
executive session, recess until until 6:30 P.M. Friday, October 5, 1979.
Seconded by Mr. Jack. Motion carried 5-2; Mr. Anderson, Dr. Emmick, Mr. Jack,
Mrs. Kavanaugh and Mr. Peotter voted YES with Mr. Hansen and Mr. Ogg casting
140 votes.
Meeting recessed to executive session at 10:48 P.M.
KIB ASSEMBLY MEETING-OCTOBER 4, 1979 (Recessed to October 5, 1979)
Mr. Anderson, Dr. Emmick, Mr. Hansen, Mr. Jack, Mrs. Kavanaugh, fir. Ogg, Mr.
Peotter and Mayor Wallin were in attendance.
IX MANAGER'S REPORT (Continued
s. (Continued) Dr. Emmick moved that in the matter of the International
Seafoods suit against KIB that we answer the suit in support of the P & Z
Commission's action. Seconded by Mr. Peotter. Mrs. Kavanaugh moved that by
substitute motion to take no action on the litigation against International
Seafoods because legal funds in the borough budget have been exhausted.
Seconded by Dr. Emmick. Substitute motion failed 2-5; firs. Kavanaugh and J1e.
Ogg voted YES with Mr. Anderson, Dr. Dmr mck, ?sir. hansen, for. Jack and 11r.
Peotter casting NO votes. Main motion carried 5-2; Mr. -Anderson, Dr. Emmick,
Mr. Hansen, Mr. Jack and Mr. Peotter voted YES with Mrs. Kavanaugh and Mr. Ogg
casting 140 votes.
9. Port Lions Library. Mr. Hovanec stated the Port Lions Committee had
inquired about a $2,000 grant from the borough. Mr. I1ovanec will check the
minutes for authorization of this amount in the borough budget. Mayor Wallin
requested this information be brought back to the assembly within the next
thirty (30) days.
10. Request for transfer of funds in the amount of $366.00 for travel and
per diem for Hank Pennington, OCS director, Tom Peterson and Rachel Clutter,
OCS coordinator, from OCS line item for professional development to line item
for travel and per diem. Mrs. Kavanaugh moved the line item change be
approved. Seconded by Mr. Anderson. Motion carried by unanimous roll call vote.
11. Chiniak site survey. Mr. Peotter moved that the assembly accept the
$18,600 in the budget to be used for the purpose of the Chiniak site development
survey. Seconded by Dr. Emmick. Motion carried by unanimous roll call vote.
12. High school and hospital roofs. Stated the assembly must get estimates
to replace the roofs, the high school roof in its entirety. The attorneys
want some cost estimate so they can pursue against the surety company. Dr.
Emmick moved that the assembly enter into this contract with the principal that
did the study so that the attorneys can proceed with their action. Seconded
by Mr. Peotter. Motion carried 4-3; Dr. Emmick, Mr. Hansen, tar. Jack and Mr.
Peotter voted YES with Mr. Anderson, Mrs. Kavanaugh and _1r. Ogg casting NO
votes.
13. High School swimming pool. Mr. Sharon needs an estimate in order to
proceed with their action. Mr. Hovanec suggested he could call Masterpool
for their estimate on a gunite pool. Mayor directed Mr. Hovanec to find out
from Mr. Sharon the degree of urgency of the attorneys time frame and place
on the next available agenda.
14. Larsen Bay school roof. Advised against putting on a temporary roof.
No action necessary.
al
1 0 0 1? 0 0 7 9 5
KIB ASSEMBLY MEETING-OCTOBER 4, 1979
PAGE 6
15. Old Harbor School Exterior Plywood Siding. Stated it will take some
extensive work to bring the building up to specifications and it is hoped the
contractor will make the corrections. Stated inspections must be improved;
another man is needed to assist Mr. Gordon on this. Refer to work session.
Dr. Emmick moved to follow the architect's recommendation in this matter.
Seconded by Mr. Peotter. Motion carried by unanimous roll call vote.
16. Legal Fees. Presented a report on attorney's fees covering the period
July 1, 1979 through August 31, 1979. These fees exceed the budgeted amount
for fiscal 1979-80. To be taken up at the work session October 27, 1979.
17. Memo from Anita idewell re. pay differential. Dr. Emmick moved that eas.
!Jewell be paid the difference between her pay and that of the manager's secre-
tary (a position she is now filling) for the time she fills the job. Seconded
by Mr. Hansen. Motion carried 6-1; Mr. Anderson, Dr. Amick, Mr. Hansen, Mrs.
Kavanaugh, Mr. Ogg and Mr. Peotter voted YES with Mr. Jack casting one NO
vote.
18. Local Service Roads and Trails - Three Year Program. This is due on
October 15th. Mr. Ogg moved to adopt Resolution #79-53-R Authorizing a three-
year local service roads and trails program for KIB, 1980-82. Seconded by
Mrs. Kavanaugh. Mr. Jack moved to amend to include that area that is R-2
next to the Lutheran church as i4o. 1 priority (Kadiak subdivision). Seconded
by Mrs. Kavanaugh. Dr. Emmick moved that the amendment be tabled. Seconded
by 11r. Hansen. Motion to table the amendment carried 5-2; Mr. !Anderson, Dr.
Emmick, Mr. Hansen, Mr. Ogg and Mr. Peotter voted YES with Mr. Jack and Mrs.
Kavanaugh casting 140 votes. Main motion carried by unanimous roll call vote.
Mr. Milligan presented letters from Thomas F. Klinkner, Attorney, re. lease
sale process for Tract A, Parcel P-1, Bells Flats AK Subdivision and re.
transfer of borough office building from the State. The latter should take
place in 60 to 90 days.
19. Stated that Service District 1 had held a public meeting on the waste-
water facilities plan on September 17, 1979. Planning is continuing and
another public meeting is set up for uecember 15th.
3. (Continued) Stated that Mr. Whitehead's services are definitely needed in
order to get the supplemental tax bills out on November 1st. Referred to work
session of October 27th. Idr. Ogg moved to allocate v2,500 from office rent
and supplies in Support Services to he used to acquire the services of Mr.
Whitehead to do the additional requested property tax system for the computer.
Seconded by Mr. Hansen. Mr. Jack moved to amend not to name an amount.
Seconded by Dr. Emmick. Amendment failed 3-3; Dr. Emmick, Mr. Jack and Mrs.
Kavanaugh voted YES with Mr. Anderson, Fir. Hansen and Mr. Ogg casting NO
votes. Main motion carried 4-2; Mr. Jack, Fir. Hansen, Mrs. ?Cavanaugh and Mr.
Ogg voted YES with Mr. Anderson and Dr. Frmnick casting NO votes.
Mr. Peotter was excused at 8:30 P.M. A ten-minute recess was called. Nesting
reconvened.
Mr. Anderson moved to reconsider Ordinance #79-29-0. Seconded by Ar. Ogg.
(Non -conforming lots). Motion to reconsider carried by unanimous roll call
vote. ,Mr. Anderson moved to tc'_le and send back to staff to correct the
wording. Seconded by Firs. Kavanaugh. notion carried by unanimous roll call
vote.
X NEW BUSINESS
A. Resolution #79-47-R Approving ?assessors Tabulation of Taxes Assessed on
Property Belonging to Senior Citizens nualifying Under AS 29.53.020(e). Mrs.
Kavanaugh moved for adoption of Resolution ;179-47-R. Seconded by Ar. Anderson.
Motion carried by unanimous roll call vote. firs. Kavanaugh moved that staff
be sure that Mr. Haney has a copy of Ordinance 70-4-0 and he report back to
the assembly at the next regular meeting. Seconded by Dr. Emmick. Motion
carried by unanimous voice vote.
B. Resolution #79-48-R Approving Assessors Tabulation of 'Faxes Assessed on
Property Belonging to Persons qualifying Under AS 29.53.035. Mr. Hansen droved
for adoption of Resolution #79-48-R. Seconded by Mrs. ',Cavanaugh. Motion
carried by unanimous voice vote.
C. Resolution #79-50-R Relating to Conditions of State Highways. Mrs.
Kavanaugh moved for adoption of Resolution #79-50-R. Seconded by Mr. Ogg.
Motion carried by unanimous voice vote.
1 0 9 1 2 o n 7 9 7
KIB ASSEMBLY MEETING-OCTOBER 4, 1979 (Continued to October 5) PAGE 7
D. Resolution #79-51-R Relating to Subdivisions (Beardsley) Mrs. Kavanaugh
moved for adoption of Resoluticn #79-51-R. Seconded by Dr. Emmick. Motion
carried by unanimous voice vote.
E. Resolution #79-52-R Relating to Subdivisions (Lindsey). Mrs. Kavanaugh
moved for adoption of Resolution #79-52-.R. Seconded by Dr. Emmick. Motion
carried by unanimous voice vote.
F. School District Financial Report -August, 1979. Firs. Kavanaugh moved to
acknowledge receipt of school diatrict financial report -August, 1979. Seconded
by Dr. Emmick. Motion carried by unanimous voice vote.
�, XI MAYOR' S COf^Q^NTS
1. Referred to minutes of September oth, Page 3, Item 9A regarding taxes on
vehicles and boats. firs. Kavanaugh monad to have this item put on the agenda
for the next meeting. Seconded by Mr. Ogg. Motion carried by unanimous voice
vote.
2. Re. letter from IUD referencing the HUD grant funded in 1975 and is now
completed.
3. Tax study committee recommendation.. Directed Mr. Hovanec to deliver a
copy of the committee's report and recommendation to f"r. harmony city
manager.
4. Stated the city is including the Senior Citizen's sidewalk project in their
HUD grant applic--tion and sucgests they might also include the Small World.
Offers any assistance the borough might be able to give them.
5. Read letter re. NACo, 1979 federal payment in lieu of taxes. MACo is
attempting to have tha federal government restore the 13 percent that was
held back for 1979. Dr. dick moved to cndarse the lettergram requesting
the restoring of these fun% Fgconded by Are. Kavanaugh. Motion carried
by unanimous voice vote.
G. Stated the Municipal Lcaguo is being held in Sitka October 30 to
November 2, 1979. Mrs. Kavanaugh moved that the November regular meeting
date be moved to kovca�ber 7th. Seconded by Mr. Hansen. fiction carried by
unanimous voice vote.
7. Reviewed the matter of releasing the names of applicants for the position
of borough managor. firs. Kavanaugh moved this item be added to the October llth
special meeting. Seconder by hi. Jack. Motion carried 4-2, fir. Anderson,
Dr. Emmick, Mr. Jack and flra. Kavanaugh voted YES with Mr. Iiansen and Mr. Ogg
casting 140 votes.
XII ASSEMBLY COMIISNTS
Mrs. Kavanaugh: fioved that a resolution be written requesting the Governor
to use any excess funds in the state budget to forgive borough bonded indebt-
edness one hundred (100) percent. Seconded by fir. Jack. (To be on
October llth agenda). Dr. Eim.ick moved to amend to add "and also the
legislature". Seconded by Mrs. Kavanaugh. Fsmndment carried by unanimous
voice vote. Main motion carried by unanimous voice vote.
Dr. E1,Lmick: Mated he had enjoyed working with the assembly members during
the past four years.
Mr. Jack: No comment.
Mr. Anderson: Moved to prepare an ordinance to rezone an area in back of
the city airport. Seconded by Dr. Emmi_. I•Ir. Milligan stated that the
correct property description %:1,.l be obtained so the ordinance can be
prepared. Motion carried by unanimous roll call vote.
Mr. 0gg 1. Received permission of the assembly to use the borough copy
machine for borough related bu>iness. 2. Lobbying in Washington, D. C.
for Kodiak interests. Mrs. Kavanaugh moved that an sirplane round trip
ticket be purchased from Maine to Washington, D. C. Zor Mr. Ogg. Seconded
by fir. Tmderson. fiction carried 4-1 with ml. Ogg abstaining. Mr. Anderson,
Dr. Emmick, Mr. Hansen and Mrs. Kavanaugh voted YES with mr. Jack casting
one NO vote.
C�
'TR ASS M- BLY MrXTSuG-OCTOBRR-4,-1979L--(Recessed to October 5)
PACE B
3. Inquired about the conditicn of the hospital entrances road. Mr. iIovanec
explained he had discussed this and that tie main p---_,1_m at present is to
determine just how mach money is available for this I, -eject. The figure
will be forthcoming with tbu auditors report. Other improvements are being
made 'o tiie roof, parking _,._d and incir-erator. 4. Requested that an
inves_i;ator frcx: thn of Coz=*;• iity and Regional tiffairs come to
the borocg'• to invest_gace h w the lettin• of co -.tracts ha:: been handled by
the manacer`s oftica dazing the past y=:ar so r?:a asse-7bly will he better
informed and al--.^, check to see if here were any irre,ul&ri+.ies in the dis-
pensin3 of bcrough Funds through the.ran-aarr's office. Mayor Wallin stated
she would look i-rtC this :.ratter to sca if it can be dons with nn expense to
the bcrou;a and rcF,crt be^._.
PL. Har. gene .,catcl t^ :t `_ L'cit .=., r:•as coruerned abc, : t < - h . situatica
F h3- ?14 send a letter *-o Mrs. r with
ad:. ? s_ng he to ccnta„ the h _ : ait l
acavis^r-,t iaard. to vci_a her .e:;:ern ..
a., fli.'_3.i- _.h+ Stu_._.:...: !.,0(..h1!z .: �rF .n ^.L'.D._'. r•p^:'t far this year 1'_!ai
been _.:_ l _y; n izgacte�' a cerr_iiics!:a er _reciation to Mrs. Mc Mrs.
XaVal-SaULP, ccnt' a cc_-. ficate :ter[^'.j^irec" :..i'.. t. i ":rS. F'IIln i::: 3n for
her rucrk .;t: tYic O,T.,'..?. -_ear nded Ly rr. "IRMI 'c. I-1o`_un n hied by: unanimru:,
'•nice vo'. C.
Mayor',':�i',,_..• 3t'xtt'1 ^tee �n�. •i: r
:e cah-e o_ sending the certificate of
a} preci�c:an t_ .._ �:._. ; c;pants = i t.a special olympice .
ine :y .<s: _c_ot:nhad by May._ 1 at 9:3-- P.M.
��a� is
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KIB ASSEMBLY MEETING-SEPTEMBER 6, 1979 (recessed to Sept. 7) PAGE 9
Mr. Ogg: Asked Mr. Hovanec to investigate the school district
use of funds. Referred to AS 14.14.060 Relationship between
borough school district and borough.
Mr. Anderson: 1. Re: crab pot storage. Suggested setting
aside a an area for this purpose with a buffer zone. Stated
the borough and city hold title to lands that might be used
in this manner. Mr. Hovanec will work with the city on this.
2. Re: school contracts for Larsen Bay and Ouzinkie. Asked
if it is possible, or has been done in the past, to endeavor
to get the final construction contract figure down after the
award has been made. Mr. Hovanec stated he was not aware of
any such attempt.
Mrs. Kavanaugh: None
XIV AUDIENCE COMMENTS
Horace Simmons, private citizen: Requested reconsideration
of the action re: the award of the Larsen Bay and Ouzinkie
school contracts; feels there should be some attempt made to
negotiate down. Mrs. Kavanaugh moved to reconsider the award
of the contract of the Ouzinkie school to NORCOM. Seconded
by Mr. Anderson. It was explained that the contingency funds
required by the state bring the final figure over the budgeted
amount. Motion carried 4-2; Mr. Anderson, Mr. Hansen, Mrs.
Kavanaugh and Mr. Ogg voted YES with Pir. Jack and Mr. Peotter
casting NO votes. Dr. Anttonen stated he had never seen a
renegotiated bid come back at a lower price.
The Assembly agreed to continue past 11:00 P.M.
Question called on the bid award. Motion carried by unanimous
roll call vote.
XV ADJOURNMENT
Meeting was adjourned by Mayor Wallin at 11:07 P.M.
ATTEST:
clerk Treast kr
KODIAK ISLAND BOROUGH ASSEMBLY SPECIAL MEETING-OCTOBER 9, 1979
(A Varbartim Record is on File in the Clerk's Office)
I CALL TO ORDER
The meeting was called to order by Mayor Betty J. %allin at 6:30 P.M. in the
Borough Meeting Room.
II ROLL CALL
Present
Mr. Phillip C. Anderson
Dr. .Michael Emmick
Mr. Arnold T. Hansen
Mr. Dan Ogg
Mr. James Peotter
Mrs. Betty J. 64allin, Mayor
Absent
Mr. Edward Jack (fishing) excused
Mrs. Sandra `Cavanaugh
ilr. Peotter moved that Mr. Jack be excused. Seconded by Mr. Hansen. Motion
carried by unanimous roll call vote. Dr. _;=ick moved that Mrs. Kavanaugh
be excused. Seconded by Mr. Peotter. Motion failed 3-2; Mr. Anderson, Dr.
L'rm;ick and Mr. Peotter voted YES with Mr. Hansen and Mr. Ogg casting NO votes.
A quorum was established.
III ITEMS OF BUSINESS
1. Ratification of October 2, 1979 election. The purpose of this item was
for the canvass of election returns, to certify election results and shear
in the members to the Borough Assembly. Mayor Wallin read the memo from the
Borough Clerk with her report and recommendations. Mr. Peotter moved that
the eight (0) questioned ballots and one (1) absentee ballot as presented by
the Clerk be rejected. Seconded by Mr. Ogg. Glotion carried by unanimous
roll call vote. Mr. Peotter moved that the five (5) valid challenged ballots,
thirty-seven (37) questioned ballots and sixty-two (62) absentee ballots as
well as the six (6) slightly unusual ballots as presented by the Clerk be ac-
cepted. Seconded by Dr. Lfimick. tlotion carried by unanimous roll call vote.
The absentee, challenged and questioned ballots were opened and counted by
the members of the Assembly. Mayor Wallin read Resolution #79-55-11 ratify-
ing and confirming the results of the October 2, 1979 general election. Dr.
Emmick moved for adoption of Resolution 1179-55-P. Seconded by Mr. Ogg.
Motion carried by unanimous roll call vote. Mayor ".allin relinquished the
chair to Mr. Hansen. The Borough Clerk administered the oath of Office to
the newly elected officials present: Gars. Betty J. Slallin, Mr. Phillip C.
Anderson and Mr. R. David Herrnsteen.
The fifth member, one-year seat, on the Service District advisory Board will
be appointed by the four elected members to serve until the next general
election. There will be a special run-off election on October 23, 1979 for
a three-year assembly seat as the second and third place candidates did not
receive in excess of forty (40%) percent of the votes cast as required by
Section 29.28.040 of the Alaska States, Municipal Code. The gavel was
returned to Mayor Wallin.
Dr. Emmick. moved that Mrs. Kavanaugh be continued in the open assembly seat
until replacement is found. Seconded by Mr. Peotter. r1otion failed 3-2;
Mr. Anderson, Dr. Emmick, and Mr. Peotter voted YES with Mr. Hansen and Hr.
Ogg casting IVO votes.
2. HUD Public hearing. Mr. Ilovanec explained the preapplication for the
IIUD grant and the selection and priority listing of projects, Mayor Wallin
closed the regular meeting and opened the public hearing for the IIDD Sinall
Cities Grant for the KIB for 5500,000. Mr. Hovenec read a letter giving the
guidelines for selecting these projects.
Dave Thompson, KMXT Director: Recommended the following: 1. Low and
moderate income housing; 2. Recreation facilities; 3. Improvement of road
system (beginning with residential areas); 4. Purchase of a "mini -bus" and
5. Sewer system improvements.
Dennis Murray, Senior Citizens Director: Recommends the Borough work with
the City in obtaining a grant for the Senior Citizens sidewalk improvements.
KIB ASSEMBLY SPECIAL tMEETING-OCTOBER 9, 1979
PAGE 2
Dr. Emmick, private citizen; Recommends electrical facilities at Old harbor
and Ouzinkie, Headstart and the Port Lions sewer engineering study.
Public hearing closed; regular session reconvened. The Assembly acknowledged
receiving testimony on the above mentioned items.
3. Ordinance $79-28-0(A), providing for the submission to the qualified
voters of the KIB, the question of the issuance of $29,000,000 of general
obligation bonds of the KIB to pay the costs of school improvements in the
borough at a special election to be held December 11, 1979, first reading.
Mayor Wallin read the ordinance by title only. Dr. Emmick moved for adoption
of Ordinance #79-23-0(A) in first reading. Seconded by Mr. Peotter. A we
session will be held on this on October 27th with the school board and bond
counsel at 12 noon. Motion carried by uanimous roll call vote.
IV ADJOURNMENT
The meeting was adjourned by .Mayor ;!allin at 8:30 P.M.
W MA
ATTEST:
Borough Clerk, Acting