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05/06/197611 1 7 17 KODIAK ISLAND BOROUGH ASSEMBLY MAY 6, 1976 CALL TO ORDER The meeting was called to order by Deputy Presiding Officer Hal Lincoln at 7: 32 p.m. in the Borough Meeting Room, Borough Building, Kodiak. II ROLL CALL Present Mayor Robert Craig Betty Wallin (excused) Hal Lincoln Sandra Kavanaugh Dr. Michael Emmick James Peotter Leslie Anderson Frank Peterson (late arrival) The Deputy Presiding Officer noted that there was an addendum to the agenda for items under correspondence, old business and new business. All members were furnished copies of the changes. There were approximately 110 people in audience. 111 MINUTES OF PREVIOUS MEETINGS Absent A. Assembly - Regular Meeting - April 1, ., 1976 B. Assmbly - Special Meeting - April 16, 1976 C. Assembly - Special Meeting - April 27, 1976 D. Assembly - Special Meeting - April 29, 1976 Dr. Emmick moved to accept the minutes as published seconded by Mrs. Kavanaugh, motion passed by unanimous voice vote. IV MINUTES OF OTHER MEETINGS A. Planning 6 Zoning - Regular Meeting - April 21, 1976 e. Bicentennial Commission - April 10, 1976 Q. Health Resources Council - April 19, 1976, with Request for Action D. Kodiak - Aleutian Governing Board - April 21, 1976 Or. Emmick moved that the Clerk be instructs to prepare the necessary resolutions or ordinances in accordance with the recommendations of the Health Resouces Council in regard to the No. One Health Probem, seconded by Mr. Peotter. Motion passed by unanimous voice vote. Dr. Emmick moved to approve the minutes as presented, seconded by Mrs. Kavanaugh. (Mr. Peterson arrived) Motion passed by unanimous voice vote. At this point the Deputy Presiding Officer announced that the deadline of 11:00 p.m. as previously established by the Assembly would be observed and that should the busines ;not be completed by that time the regular meeting would be recessed until 4:00 p.m tomorrow (May 7th, 1976) . Audience comments will be taken during the last fifteen minutes of the meeting. V COMMUNICATIONS AND APPEARANCE REQUESTS A. Presentation of 1975 Hospital Financial Statement; Letters from Sister Josephine Patti. regarding needed repairs to the boiler and roof of the hospital and request for pol icy statement from the Assembly regarding the deficit portion of the operational agreement. The letters were read in full by the borough mayor. Mr. Bob Mulcahy, a member of the hospital Board, was present and presented the year end financial statement pointing out that there was a comparison in the last three years'operations. Mr. Mulcahy KIH ,QSSO+BaY ZEETI - 4A`\ 6, Page 2 asked whether or not the assembly planned to allocate the reserve of $60,000 for hospital operations as stipulated in the Operational Agreement. In reply to the question concerning the negotiation with the AFN Contract, Mr. Mulcahy replied that this has only been on policy but it is expected that the dollor amount will be under negotiation by Monday, May 10, 1976. Mrs. Kavanaugh moved to continue to support the hospital in the amount of $60,000.00 seconded by Dr. Emmick. Mr. Peterson questioned the relationship of the extended care unit with the hospital and it was his understanding that the extended care unit would possibly be operating at a deficit, would this allocation also be used for that unit. Noted that this reserve is only for the existing hospital. These funds are available on an as needed basis and upon request. The question was called on the motion and motion passed by unanimous roll call vote. The letter requesting repair of the heat exchanger at the boiler was read stating that an estimate had been received in the amount of $5,500, from Island Mechanical Service Company. Quality Plumbing had also been requested to submit a proposal, however had not done so. The repair to the boiler unit is urgently needed to alleviate any further damages. Mr. Peotter moved to enter into an agreement with Island Mechanical Services for repair of the heat exchange, seconded by Mrs. Kavanauaqh. Dr. Emmick stated that this is a small community and that the supplies are usually supplied by one • company, and requested that additional bids or proposals be sought. It was pointed out that the other plumbing shop in town had been requested to submit a proposal but had not seemed interested. Dr. Emmick moved to amend the motion to delete the designation of the contractor and just authorize the hospital to have the repairs completed, seconded by Mrs. Kavanaugh. After some discussion, Dr. Emrnick withdrew his motion with the approval of the second. The question was called on the original motion and motion passed by unanimous voice vote. It was noted that an attempt has been made to obtain an estimate from the only roofing company listed in the yellow pages, however no answer has been received. This is an item that should be taken care of this summer prior to next year's winter weather. B. Letter from Citizens' Action Group, Board of Directors, Requesting the Kitdiak Island Borough to take such Legal Action as is Necessary to Prevent the final certification of Anton Larsen Bay, Bells Flats and Woody Island Villages, road in hill by the Borough Mayor. The letter stated in part that the Croup firmly believes that these villages d not meet the requirements for benefits under the Act and that the present and future residents of Kodiak, native and non - native alike may well suffer unjustifiable and irreversible financial, economic, and recreational losses. It was pointed out by several members of the assembly that previous action has already been taken in that the attoreny has been authroized to monitor the act on legality and if there is any jeopardy of any lands the borough has selected, the assembly is to be advised. Dr. Emmick moved to forward a copy of the letter to the attorney and have him peruse and advise according to previous action of the assembly, Seconded by Mr. Anderson. Motion passed by unanimous voice vote. • C. Letter from Eugene Brasie Requesting Borough's Consideration of Drawing in the Boundaries to Existing Road System, read in full by the Mayor. Mr. Brasie noted concern over possible tax burdens being placed on the citizens of the Borough that are located on the road system. Mr. Brasie noted that only a few claims within the Bells Flats area were actually legitimate and asked that the Borough take action to draw in the boundaries. A letter to Mr. Brasie from Rep. Ed Naughton was read into the record noting the proposed airstrips in the villages and pointing out the portion of the population that have private planes and would be using the strips. Mr. Naughton further cautioned the drawing in of the boundaries and indicated that it could result in a loss of revenue for the schools. ) 0 1 i ? r n KIS ASSEMBLY MEETING - MAY 6, 1976 Page 3 Dr. Emmick moved to handle this the same as the revious letter and forward to the attorney for consideration and recommendations, seconded by Mr. Peterson. Motion passed by unanimous voice vote. p. Letter from Mr. Al Love, Motorola C 7 E, Regarding 24 -hour FM Radio Communications System Around Kodiak Island, read by the Borough Mayor. Indicating that a survey has been done, that if the Borough is interested Mr. Love would continue to work on the project and visit the assembly to . personally explain the plan. The Assembly noted that this would be taken under advisement. E. Letter from Department of the Army Re: Kodiak Lumber Mills, Inc., Application to Place a Fill and Construct a Barge Ramp and Four Dolphins In Discoverer Bay (Information only - noting that Kodial Lumber Mills should contact the objectors in an effort to resolve their objection) No Assembly action necessary. F. Resolution from City Council of Old Harbor Requesting the School District to Establish a loth Grade Program in Old Harbor for the 1976/77 School Year, read in full by the Mayor, requesting that a IOth grade program be established and that adequate facilities be provided for the 9th and 10th grades with provisions for expanding to the Ilth and 12th grades in school year 1977/78. The assembly did not take any action on this resolution at this time. G. Letters from Tom Casey and City of Kodiak regarding Membership Composition on the UL! Committee, read by the Mayor. Letters requested that additional members from the fishing industry, primarily fishermen should be appointed to the Committee.. It was noted that the Mayor has requested four additional positions on this committee and the assembly voiced concern that this shout d be done as soon as possible. Mr. Anderson moved to have a resolution prepared that three additional positions will open an all of t em will represent the fishing industry, seconds by Mr. Peterson, In reply to whether or not this would be imposing on the authority of the Mayor it was noted that he would still have the authority to appoint the specific individuals. The question was called and motion ssed by unanimous roll call vote. A ten minute recess was called at 8:20 - the meeting reconvened at 8:30 p.m. VII PUBLIC HEARINGS A. Second Reading and Public Hearing Ordinance No. 76 -12 -0 Regulating Allowance For Easements for Utilities in the Road Right of Way. The Presiding Officer noted there were several areas of clarification, in that this was a change In the chapter dealing with design standards of the subdivisions, that the code already provides for easements and the change would be the addition of the words "in the road right of way ". The public hearing was opened. Mike Rasmussen questioned the reasoning of this as he indicated that the electrical company could put the wires in the trees as they have done In his area already. Mr. Chandler spoke against the ordinance change In that the road right of way is already there and there are already utilities In the right of way, the ordinance as suggested was unnecessary in his opinion. The taking of an individual's property without just Forgpensatign is against the constitution and bill of rights. Mr. Jackson of Jackson's Trailer court also voiced objection and urged that the assembly be very careful in establishing easements as it could deprive citizens of the right to use their own property. Mr. .Jackson further urged that the Assembly should be sure that an outside utility company could not come in and take over. Mr. Chuck Powell suggested that the ordinance should have the word "public" inserted before the "road right of way" to clearly define the placement of the utilities. Mr. Dave Wilson, Sr., stated he had no opposition to the road right of way, however would question the easements across his property without the utility company first seeking his permission, and making restitution. Mr. Don Baker, an employee of the telephone .a�sikt M *7, 2 0 KI BLY FdEET - MAY 6, 1976 Page 4 company and property owner, noted that in some areas the road right of way is the only place for the utilities, this would prevent additional cutting of trees and prevent problems that might occur. Mr. Baker further stated that perhaps it would be well to specify that the utilities would go in the final five or ten feet of the right of way. The easements in all subdivision are dedicatea at the time of the filing of the plat, Mrs. Bea Geddes spoke against the ordinance, as did Mr. Clowes, noting that he would be prevented from subdividing his land because with the easements the lots ,would not meet the lot size requirements. Mr. Jim Fisk stated that the property owner can use the easements, however if ccncerte foundations or permanent structures are built over the easements it will be the property owner's responsibility to bear the cost should the utilities have to be moved in this area. The public hearing was closed and a short recess called at this time. Meeting reconvened, and a letter from Kathleen Opheim of Ouzinkie was read voicing objection to this proposed ordinance. Mrs. kavanaugh moved for adoption of Ordinance No. 76 -12 -0, seconded by Mr. Peotter. There was discussion on the need for this change, one that would allow the existence of utilities in the road right of way and noting that this would benefit the subdivider and in turn benefit the property buyers. Mr. Peterson moved that the word "public" be inserted as suggested, seconded by Mrs. Kavanaugh. The question was called on the amendment, motion passed by unanimous roll call vote. The question was called on the main motion and motion passed by unanimous roll call voce. VII OLD BUSINESS A. Appropriation of Local Support for the 1976/77 School Budget. Dr. Emmick moved to approve tha budget as submitted by the School Board, seconded by Mr. Anderson. Mr. Anderson asked th,; feeling of the assembly in perhaps delaying the fuli aporcoriation until after the nrootiatlons. Dr. Emmick stated that he had primarily want.:d someone to say that the budget is either too much or not enough and that he. had not heard one person that suggested that the budget should be cut. The School Board had indicated that this was the best that they could c:o in tra present financial sitLzalor, and they had presented a reasonable budge:. It was pointed out that the School Board presently is in- volved with threw. groups in negotiations and that no one knows what will be the outcome - further no one can tell at this point what programs if any will have to be cut. At this time it was requested tnat with the agreement of the assembly members, the matter would be opened for public comments since, tbbt was a much largor g.-ouo of citizens present than at the advertised public hearing. Mr. Harry Cowes suggested that the budget be cut in half as the state is responsible for the education of the children. Mr. Wilson spoke in favor of the budget as presented. Mr. Wilton White noted that the assembly has a responsibility to the citizens of the community and that their attitude Should be changed regarding the budget. Mr. T. T. Jackson spoke in favor and noted that the increase over the years had not been very much, further ttte property owners of Kodiak pay the lowest mill rate in the state. Mr. VWamser expressed his feeling on the quality of education and the fact that some of the students are leaving the system without the abilities they should have acquired. Mrs. Dillion pointed out that the entire school facility is used by the community, that janitorial services are supplied by the school district. Linda Dorne suggested that the Assembly delay as there are negotiations going on not only for salary but also for supplies and books, due to cut backs made last year, supplies are not available at this time of the year. There is no money for the year end field trips or picnics normally planned for this time of the year. Larne Arndt voiced her objections to the increase in the salary for the teachers and further stated that the increase should come in the custodial areas. She further expressed bur feelings that the quality of the education should be the prime concern cf all the teachers within the system. KIB ASSEMBLY MEETING - MAY 6, 7 19 6 Page 5 Mrs. Heine spoke as a parent and property owner and indicated that she had worked on many projects at the school and pointed out that there should be more concerned parents supporting the school - it had been very difficult in the past to obtain parental help for some of the projects and that assistance and interest is needed. Mr. Robert Brooks also expressed his views on the quality of education and stated that if the quality of education raises then the cost is jusitified and felt that more dedication was needed on the part of the teachers. Mr. Chuck Powell noted that it had been suggested that the assembly delay in making this appropriation, and pointed out that action is required at this time or the budget is passed automatically. Mr. Powell further pointed out q that the budget figure can always be supplemented. Mr. Okey Chandler uestioned the necessity for aides in the school, further the only aid that was available when he went to school was a stick and perhaps we should yo back to that. Mr. Chuck Evans noted that there needs to be concern on the part of citizens, teachers, parents and church, there is a need to assess where the problem really is The members of the audience were thanked for their participation. Mr. Peterson stated that not bein - suite aware of the inflation he would move that the local a the school bud r o certain of the results of the ne•otiations, factor here r- •ardin et, to Level of $550,000.00, seconded by au brou htTbhhe etwas discuss on on whether or not this was a reasonable approach, would the school board be able to come back for additional funding should they not be able to function on this amount. It was suggested that the best approach might be the allow for the same mill levy that the school district received during the last budget period. A ten minute recess was called. • Meeting reconvened at 10: 00 p.m. Mrs. Kavanau h moved to amend the amendment to a ro rlate the amount of $611.000_.00 the same mill i Peterson Mr Peotter asked if he would he etc used seconded b w t,r casting a vote on the budget, and the assembly members indicated that he would not. Mr. Petersn after some.+' 3444I1d withdrew his am dm + called on the amendment as made by Mrs. Kavanaugh, the Presiding Officer a t t e motion was to appropriate 5611,000 and this was reaffirmed. The motion on the amendment passed by roll call vote with Dr. Emmick cast in a • vote. Mr. eotter asked if this would preclude the School Board from c oming back to the assembly with a request for additional money and if so he would change his vote to NO. There was discussion on whether or not this Would in fact preclude an additional request, and the concensus of opinion -as that a request could be made but that there was no guarantee that any additional funds would be available. Dr. Emmick noted that he was still maintain,ng h position that this is the amount being appropriated and that the school tae rd now has to work within this amount. The question was called on the main motion as amended and motion ssed by roll call vote with Mr. Peotter and Dr Emmick casting NO votes. B. Review and Approval of Work Order for Preparation of Communit Develo ent Full Grant A licahon- Old Harbor Industrial Water S s tem) Cover letter read by the mayor, noting that the cost for the full application would be $1400 and that it was suggested that the environmental certification be done at the same time for a total cost of $2400. The proposal was sub- mitted by Greg Jones. Mr. Peotter moved that the r uest be ranted that the a lication and the environment clearance be rolled into one seconded b Mrs. Kavanaugh Motion passed by unanimous voice vote. I Q 0 7 1 II�� 7 7 n KIB ASSEMBLY ME - MAY 6, IT76 Page 6 C. First Reading Ordinance No. 76 -13 -0 Establishing the Old Harbor City Council as the Administrative and Enforcing Agency for the Planning Commission was not available from the attorney - deleted from the agenda. D. Review, approval of OCS Committee By-law and Grant Application and Contract. The review of the by -laws by the attorney is not yet available and the assembly was in agreement that this could be taken care of at a special meeting. E. First Reading Ordinance No.75 -25 -0 Rezoning Lots 35 through 53, 58, 59 and 7 of Block 12; Lots 3 through 6, Block 11; Lots 17 and 18, Block 8, Lots 1 through 10 and 15 through 26, 29, 32 and 33, Block 33, and Lot 19, Block 12; from R -I to Business with the exception of Lot 19. Block 12, to be designated as a playground. Mrs. Kavanaugh moved to accept for public hearing at the next regular meeting, seconded by Dr. Emmick. Question called, motion passed by unanimous voice vote. (Noted this ordinance will be renumbered to No. 76 -14 -0 for second reading and public hearing). VIII 'NEW BUSINESS A. Appeal from Planning & Zoning Decisions, Lot 13A, U. S. Survey 3100, Fred and Sharon Ogden, (Assembly sits as Board of Adjustment) . Since The Ogden's attorney was not available for this meeting, this matter will be delayed until Wednesday, May 12th, 1976, at 4:00 p.m., in the Borough Meeting Room, Borough Building. B. Letter from Greg Jones regarding Proposed Work Program for the Update of the Borough's Comprehensive Plan as submitted to Community 6 eEgional Affairs. As additional correspondence has been received from Community and Regional Affairs indicating that this should be handled by the planner as an employee of the borough ,no action was necessary at this time. C. Resolution No. 76 -22 -R, Approving Final Plat Subdivision Tract E -IB, U. 5. Survey 3218, Jim Pearson, read in full by the Borough Mayor. Mrs. Kavanaugh moved for acceptance of Resolution No. 76 -22 -R, seconded by Mr. Peotter. Motion passed by unanimous voice vote. Q. Resolution No. 76 -23 -R, Approving Final Plat Subdivision Portion of U. 5. Survey 3218, Crestview :Subdivision,. (Rasmussen), read by title only. Mr: Peotter moved for acceptance of Resolution No. 76 -23 -R, seconded by Dr. Emmick. Motion passed by unanimous voice vote. E. Resolution No. 76 -24 -R, Approving Final Plat Subdivision of Lot 3, Block 2, Miller Point Alaska Subdivision (Joe Majdic). Mrs. Kavanaugh moved for acceptance of Resolution No. 76 -24 -R, seconded by Mr. Peterson. Motion passed by unanimous voice vote. F. Monthly Expenditure Reports - Mrs. Kavanaugh questioned the amount to date expended for attorney fees, noted 611, 131.30 plus $225.00 for litigation costs. • No further comments made. G. Resolution No. 76 -25 -R Regarding Travel of Intoxicated Individuals on Aircrafts, read in full by the Borough Mayor. Mrs. Kavanaugh nerved for acceptance of Resolution No. 76-25-R, seconded by Mr. Peterson. Mrs. Kavanaugh stated that she could see some problems with this resolution, although she did realize that there are problems with people coming to town and getting drunk she did not feel that to keep them here is the answer. They K113 ASSEMBLY MEETING - MAY 6, 1976 Page 7 should be allowed to return to their respective homes. Mr. Anderson stated that this is an FAA regulation and that it applied not only to traffic between Kodiak and the villages but also between Kodiak and Anchorage. He would vote against any resolution that indicated the problem lies only with those Individuals from th e villages. In reply to question as to the author of the resolution Dr. Emmick noted that he had requested the resolution, however had not anticipated that it would be in this form. Beth Ennis, a member of the Health Resources Council, said that there were problems , however would suggest that the section referring to the villages be deleted. The question was called and the motion failed with a roll call vote, Dr. Emmick castin as YE H. Proposal from Auditors, PEAT MARWICK MITCHELL 1975276 Audit. The Mayor read the proposal indicating 6 number hours anticipated and the cost of $23 000 plus out of pket expense for this Work. The letter stated that should the man hours be less the billing would be below the $23,000 and if additional time is necessary the maximum billing would be $ Mrs. Kavanaugh asked if a local firm had ever been that used for the audit and it was noted that they had not. Mrs. Kavanaugh moved the Borough call for proposals on the audit, seconded by Mr.Pe ter an done in rs. ' -vanau • t at since this is Kodiak then we should try to have it loo money, i it can noted • - at any CPA firm would e i done ern l a cco u nti ng g auditing and that if the books do be i ot have tobe r reconstructs t th nthencost and should of be this high. The •uestion was called and motion . aske V• - wit Mr - to advertise both in the local paper and in the Anchorage papers for proposals. Requesting Purchase of Tone Alert SWUM) to be installed on the HoSpital; adio - cost of $260.00. The letter was read by the Mayor inclicatind the need or this as the radios cannot be manned on a 24-hour oasis and if the are busy the tone alert would advise them that a message is coming in. Mr* Peterson noted that KANA•has a contract with Indian Health Services.. and they will be asking for a radio to be placed in the KANA Health Department so they will be able to monitor all calls from the villages. Mrs. Kavanau moved to a rove the amount of $260 for the tone alert, seconded b Peotter Motion ssed b unanimous voice vote. J. Letter from Department of the army Public Notice NPA 76 -89 Requestiin Comments or Objections to proposed drilling of deep core stratigraphic tests in Kodiak and to anchor a drilling vessel, read in full by the Mayor. Mr. P`eotter moved to voice no objections seconded by Mr. Anderson, Mr. eterson asked if this had b een before th OCS Com mitte for their comments and recommendations, it was noted that it had not as this was for navigational and national security. Mr. Ogg a member of the audience noted that there would be fishing vessels in the area also and that this could present a navigational safety probleem. Dr. Emmick suggested that in the future all Such notices be forwarded to the OCS Committee for comments. The motion am by unanimous voice vote. Mr. Lincoln as Presiding Officer noted that the time was getting late and that . th as announced at the beginning of the meeting, the deadline was 11:00 and that e meeting would be recessed and reconvened on Friday, May 7th, at 4:00 p.m. The Presiding Officer stated that Audience Comments would be taken at this time. A. Mr. Chuck Powell wished to compliment the Assembly on the way they handled the budget section in allowing individuals to comment who had not been able to make such comments at the public hearing. Mr. Powell did state however that he did not feel that the Assembly was being fair with the present auditor as he was now placed in a bad position since any other firms would be able to come in at a lower rate. S. Beth Ennis - asked that the Resolution regarding Intoxicated Persons being allowed on aircrafts be redrafted along with the other items as 1C1, Alsepialsr tnI v_ m , X 7 6 Page 8 requested by the Health Resources Council. This is a problem and it is a law and should be enforced as should other law. The assembly had no objection to this being reworked and presented with the other resolutions as requested. C. Mr. T. T. Jackson spoke on the mill levy for the support of the school district noting that in about 1968 the mill levy was only 4.38 and that the amount for administration of the borough was .5 now the mill levy for the school is 4.966 and the amount for the borough is .84 - this does not seem to an increase that is porportionate to the amount of services given. Would feel that the school should be getting more moeny. The Kodiak Island Borough has one of the lowest tax levies in the state. D. Mr. Richard Wamser noted that even with the same mill levy the amount of money will increase as the assessed valuation has increased. And that the only people getting a free lunch is the local government. Mr. Wamser asked that the author of resolutions and ordinances be made known to the public. Further noted that there were many people in the audience that had attended the meeting for the purpose of speaking on the ordinances regarding natural resources and this had been deleted without advertisement. He stated that the copies were not available when he requested them. Mr. Wamser also found fault with the manner in which the agenda is set up as it does not allow for audience comments until the very end of the meeting and that some people do not care to stay up until 11:00 or 12:00 just to make comments. He suggested that these be taken up under Communications and Correspondence. The Presiding Officer again noted that the meeting would reconvene at 4:00 p.m. on Friday, May 7th, 1976 in the same location. The meeting was recessed until that time. The Deputy Presiding Officer reconvened the regular Assembly meeting at 4:00 p.m. May 7th, 1976, in the Borough Meeting Room, Borough Building, Kodiak. For the record it was noted that the following people were present: Mr. Anderson, Mrs. Kavanaugh, Mr. Poetter, Mr. Lincoln, Dr. Emmick (late arrival). Mr. Peterson and Mrs. Wallin were not present. VIII NEW BUSINESS (contin'd) K. Letter from Reed Oswalt requesting permission to place Watchman's Residence on Leased Land, Monashka Bay, read in full by the Borough Mayor, noting that there is a need for security and for safety reasons to have the watchman's residence. Mr. Anderson moved to grant this request subject to an analysis and recommendations of the sanitarian seconded by Mrs. Kavanaugh. (Dr. Emmick arrived) . Motion passed by unanimous voice vote. IX MAYOR'S REPORT A. Proclamation declaring May 9 through 15th, 1976, Hospital Week, read in hill by the Mayor. B. Appointment of Members to the OED Committee and Kodiak- Aleutian Center Governing Board. Mayor Craig submitted three names for approval for appointment on the Governing Board, Pat Jacobson, Gary Eller and David Hedman. In reply to questions raised concerning the interests of these individuals the Mayor noted that he had talked with these people, that he would like to have some continuity on the Board and would appoint Pat Jacobson in order to have that. Mrs. Kavanaugh moved to ratify the appointment of Gary Eller to the Mental Health Board, seconded by Dr. Emmick. Motion passed by unanimous voice vote. Mrs. Kavanaugh moved to ratify David Hedman as a member of the Mental Health Board, seconded by Dr. Emmick. It was noted that David Hedman KIB ASSEMBLY MEETING - MAY 6, 1976 Page 9 has worked with other groups on simi iar' ntatteet before. Mc* $massed by unanimous voice vote. Mrs. Kavanaugh moved to ratify the appointment of Pat Jacobsen to the Mental Health Board, seconded by Dr. Emmick. Noted that the new positions will be for a period of three years. Motion passed by unanimous voice vote. Mayor Craig presented two appointees for the Overall Economic Development Committee, Steve Cole and Chuck Evans. Mrs. Kavanaugh moved for the ratification of Chuck Evans for OED Committee, seconded by O Emmick. There was short discussion on how the name was submit— r. to noted that we had advertised as requested by the assembly. Question was called and motion failed with the following roll call vote. Mr. Anderson YES; Dr. Emmick YES; Mrs. Kavanaugh YES; Mr. Peotter NO; Mr. Lincoln NO. Mrs. Kavanaugh moved for ratification of Steve Cole, Seconded by Mr. Peotter. The question was rasied as to whether or not Mr. Cole was the right individual for this particular committee. The question was called and motion failed with the following roll call vote: Mr. Peotter YES; Dr. Emmick NO; Mr.. Anderson NO; Mrs. Kavanaugh NO; Mr. Lincoln No. Dr. Emmick moved to declare vacancies on the OED Committee and to advertise again, seconded by Mrs. Kavanaugh. There was considerable discussion at this point as to whether or not the assembly has to ratify the appointments of members to specific committees with the exception of the Planning Commission. Mr. Anderson stated that he personally would like to have that responsibility, he did not that this should be something that was the full responsibility of the Mayor. Further stated that he liked the idea of a work session to discussion the proposed names prior to a public meeting where the vote was taken. It was noted that the Borough had advertised in the newspaper on the current vacancies, Dr. Emmick with the consent of the second withdrew his motion. After considerable discussion the Clerk was instructed to (I) check with the Attorney to determine if the Assembly has to ratify the appointments made by the Mayor to any committees other than planning, and (2) to have the attorney determine if the assembly has the prerogative to reserve this power. Mrs. Kavanaugh moved for reconsideration, seconded by Mr. Peotter, after discussion on perhaps drafting of an ordinance should the assembly desire to have this power, the motion passed by unanimous voice vote. C. Letter from Mr. R. Jones regarding the Proposed Extended Care Unit and the fact that the existing hospital building will have to have a sprinkler system designed and installed. Mr. Jones, by telephone call this date, indicated that the Assembly would have to address itself to this problem before the State Fire Marshal would allow the Extended Care Unit to be put out to bid. Mr. Jones estimated that the cost for the design would be $3,300 and the construction would run approximately $100,000. Noted that this could be included in the construction documents of the Extended Care wing. Mr. Peotter moved that the design be included in the ctintra[t of the addition of the hospital. seconded by Mr. Anderson. Motion passed by unanimous voice vote. D. Mayor Craig noted for the record he had had three additional members in mind for the OCS Committee; a member of the Coast Guard, an insurance man and a woman who is a member of the Fishermens' Wives Association. Mayor Craig presented each member present with a memorandum stating that he would be using his veto on the motion as passed by Mr. Anderson to change the structure of the OCS Committee and appointing three additional member from the fishing industr . Noted that the notice of veto will be given at the next assembly meeting and may be overridden by a 2/3 vote. 1 1 2 1 0 9 S KIB ASSEMBLY MEETING - MAY 6:1976 Page 10 veto will be given at the next assembly meeting and may be overridden by ' a 2/3 vote. Information previously not available for discussion had been received in the afternoon mail and with the agreement of the members, the agenda items were brought back for discussion. VII OLD BUSINESS C. Planning Powers for Old Harbor - the attorney's opinion was read stating that a determination needs to be made by the assembly as to what administrative and enforcement powers are to be transferred to the City Council of Old Harbor. It was requested that a letter be sent to Old Harbor with a copy of the attorney's letter and request that the Council indicate the types of responsibilities that they wish to assume. It was pointed out that the City fof Port Lions had voted not to assume any powers under planning and zoning, but wish to work as an advisory group and work with the Borough's Commission. D. Review, Approval of OCS Committee By -Laws, Grant Application and Contract. The attorney's letter was reviewed, noting several areas in question more specifically the areas regarding finance. Dr. Emmick moved that the by -laws as submitted be referred to the Borough Attorney for revision in accordance with the state statutes and borough code and in accordance with his letter of May 6, 1976, seconded by Mr. Peotter. . Mrs. Kavanaugh noted in the By -laws that it states that a list of appointees will be submitted by City, Borough and Koniag and this should be deleted from the by-laws as the committee is now appointed at large. The question was called and motion passed by unanimous voice vote. X ASSEMBLY COMMENTS A. Mrs. Kavanaugh, asked that the OCS Contract and Grant application by placed on the special meeting of May 12th, 1976, and that copies be made available prior to that meeting for review. Dr. Emmick noting that in reading of the minutes of the Mental Health Center ,the Board had granted money to Pam Delys for her trip to take her examine and obtain her license. He did not feel that this was proper expenditure of Center Funds and would move that the Borough Mayor with the endorsement of the Assembly advise the Mental Health 'Center that this does not seem to be an appropriate expenditure of public funds and that if such funds have been expended that the individual will reimburse the Kodiak - Aleutian Center for such expenditure, seconded by Mrs. Kavanaugh. Motion passed by unanimous roll call vote. B. Dr. Emmick stated that he felt some clarificaton was needed on the proposed resolution, he was not circumventing the Health Resources as he had not realized that they would be requesting similar action. He did feel that the Assembly should voice objection to the fact that this law is not be enforced and that perhaps in this manner would be of assistance to those individuals. He felt that if individuals are not able to board an aircraft in an intoxicated state and they know that they must get home or to work or anyplace then they will not drink to that extent. There was discussion on whether or not the taxpayers should bear this responsibility and what assurance the community would have that once the individuals have been at the sleep-off center they wont go out and continue to drink again. C. Mr. Peotter - noted that he had misgivings on the school budget appropriation, further that the Assembly had requested that the School Board present a realistic budget and the assembly had been advised that this was a "maintenance budget" If this was in fact the case - then the Assembly was placing a burden on the school district because of the cut 0 1 1 1 1 I' 2 7 KIB ASSEMBLY MEETING - MAY 6, 1976 (continued May 7th, 1976) ATTEST: Borough Clerk APPROVED: i Borough Mayor Page 11 from the requested amount. Dr. Emmick noted that he for one had been against the budget in the beginning, but had not at any time received any comments from the general public that this budget should be cut and had because of that changed his mind. The only comments were made at the previous night's meeting, after the public hearing. Mr. Anderson suggested that consideration be given to placing the debt service within the Borough's budget and noted that the decrease was approximately equal to that amount needed for the debt service. Mr. Anderson further noted that he was seriously considering asking for an analysis of the budgetary items and then making recommenations to the School Board where he feels cuts can be made. These would be recommendations, but he felt that he could rest easier if this was done and further if they had to come back for a supplemental request.Several members indicated that they felt strongly about the School Board being elected officials and that they were elected to do a certain job, this is within their realm of responsibility. D. Mr. Anderson stated that in the light of a comment made the previous evening regarding the auditors, he would move for reconsideration of his seconded by Mrs. Kavanaugh Mrs. Kavanaugh suggested that ro should be obtained on a yearly basis in the future. Dr. Emmick moved to continue with the same firm of auditors for this fiscal year since we are already involved with them and the time frame does not make it rational to seek additional proposals at this time, with the provision that a negotiation as far as the total cost of the audit be carried out, seconded by Mrs. Kavanaugh. Motion passed by unanimous voice vote. E. Mr. Lincoln stated that he had picked up a listing of the property owned by the Borough and that there was quite a large amount of property and suggests that some arrangemnts be made to offer this property for lease in order to get the property on the tax rolls. Suggested that perhaps this should be taken up with the planner. XII ADJOURNMENT There being no further business the meeting was adjourned at 6 20 p m