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12/01/1977KODIAK ISLAND BOROUGH, DECEMBER 1, 1977 MGE 1 I CALL TO ORDER The meeting was called to order by Mayor betty Wallin in the Borough Meeting Room at 6:40 P.M. II ROLL CALL Present Absent Dr. Michael Emmick Mr. Edward Jack Mrs. Sandra Kavanaugh Mr. Tom Logan Mr. James Peotter (arrived 7:25 P.M.) Mr. Bill Williams Mrs. Marlene Wasson (seated 7:25 P.M.) Mrs. Betty Wallin, Mayor A quorum was established. III ACCEPTANCE OF AGENDA Mr. Logan moved to add to the agenda Item IX, J., a letter of request from the Chamber of Commerce. Seconded by Mrs. Kavanaugh. Mr. Jack moved to table this item until the next meeting. Seconded by Dr. Emmick. Motion carried with Mrs. Kavanaugh casting one NO vote. IV MINUTES OF PREVIOUS MEETINGS A. Assembly, Regular, November 8, 1977 B. Assembly, Special, November 15, 1977 Dr. Emmick moved for acceptance of the minutes of the regular meeting of November 8, 1977 and the special meeting of November 15, 1977. Seconded by Mrs. Kavanaugh. Mrs. Kavanaugh requested that the minutes of November 8, 1977, page 2, item C, line 3 be corrected to read, "Mrs. Kavanaugh pointed out that according to Alaska Statutes a list Mrs. Wallin asked that the correction be noted. Motion carried by unanimous roll call vote. V MINUTES OF OTHER MEETINGS A. School Board, November 7, 1977 B. Kodiak Council on Alcoholism, October 29, 1977 C. P 6 Z Commission, August 17, 1977 D. Joint Forum, October 11, 1977 Dr. Emmick moved for consideration and acceptance of minutes of other meetings, School Board November 7 t 1977, Kodiak Council on 1 Alcoholism, October 29, 197 P 6 Z Commission, August 17, 1977 and Joint Forum, October 11, 197 as a group. Seconded by Mrs. Kavanaugh. Mr. Logan stated that he did not have the P 6 Z minutes for October and November and felt they should be forthcoming. Motion carried by unanimous roll call vote. VI COMMUNICATIONS AND APPEARANCES A. Health Resources Advisory Council Appointment: Mrs. Wallin asked that the Borough advertise again for a consumer appointment to the Health Resources Advisory Council. B. P 6 Z Commission Appointment. Mrs. Wallin requested that this item be delayed until after Item VII, C, is acted upon. The Assembly concurred. C. Assembly Appointment. Mrs. Kavanaugh moved that Mrs. Marlene Wasson be appointed as the assembly member. Seconded by Mr. Jack. Motion carried with Mr. Williams casting one NO vote. Mrs. Kavanaugh asked that the clerk contact Mrs. Wasson at the earliest possible time in order to be sworn in. Mrs. Wallin instructed the clerk to send a letter to Mrs. Wasson, also to send letters to the others whose names were submitted to thank them for their time and interest. VII PUBLIC HEARINGS A. Ordinance #77 -34 -0 Establishing a Hospital Advisory Board. Dr. Emmick read Ordinance #77 -34 -0. Dr. Emmick moved for adoption of Ordinance #77 -34 -0. Seconded by Mr. Logan. The meeting was closed and the public hearing opened. 1 1 1 1 2 1 5 4 7 KIB ASSEMBLY MEETING, DECEMBER 1, 1977 PAGE 2 No one spoke for the ordinance. Leon "Ole" Johnson, vice - chairman of hospital board. Spoke against the ordinance. He stated that the ordinance has come to the hospital board as a complete surprise and felt that the hospital board should have been advised of the proposed ordinance in advance of the first reading. The hospital board was charged with the responsibility of negotiations for selecting someone to take over the operation of the hospital when the Grey Nuns have completed their agreement. The board feels that the ordinance duplicates some of the effort the board was charged with the feels this should be clarified. Sr. Josephine Patti, hospital administrator. The governing board of the hospital has several concerns, mainly, powers and duties Section 8.04.03. Suggested that perhaps the ordinance should establish an "health facilities advisory board" instead of an ''hospital advisory board ". This section sets up the governing board of the hospital as an advisory board to the assembly which seems to be in conflict with the ordinance. Wishes this to be clarified. Feels Section D regard- ing recommendation on financial matters and Section E with regard to policies and programs must be explained. Stated that this ordinance would make it very difficult to continue discussion with the groups now being contacted in regard to operating the hospital until. these points have been clared up. Also questioned who would decide what is an "emergency matter ". Is concerned not only as a member of the governing board but as an hospital administrator. Stated that this ordinance would necessitate the board contacting each group of people interested in running the hospital because it could not be run on the same basis as it has been in the past. Feels that a work session with the governing board should have been held. Barbara Carberry, a nurse at the Kodiak Island Hospital. Concurs with the remarks of Sr. Patti. Reiterates that the ordinance is not clear. Mrs. Wallin asked for a show of hands from those people who were against the ordinance. Fourteen were against. Betty Springhill telephoned to voice her objection mainly because there had not been a work session prior to the public hearing. The public hearing was closed, meeting opened. Mrs. Kavanaugh stated the ordinance frightens her because (1) it appears to put the borough assembly in the position of running the hospital, (2) the set -up seems to be similar to that of the Mental Health Center which has caused problems, and (3) as stated by Sr. Patti, some points are completely vague. Feels the assembly should first decide why the borough needs the ordinance. Mr. Denslow reviewed the situation briefly. Last spring the Grey !:uns of the Sacred Heart advised the assembly in writing that they would be relinquishing management of the hospital in May, 1978. (1) Assembly instructed the present hospital board to assume responsibility for reviewing and making recommendation of a number of potential management firms that could be selected by the assembly for management of the hospital. (2) To negotiate with the legal counsel to write an opinion reflecting on all the matters you were confronted with. The basis on which legal counsel created this ordinance was that the borough is ultimately responsible for the managerial and fiscal liability even though the hospital management is contracted to a manageme firm. Another element is the:matter of timing. The present hospital board had been asked to make a recommendation by January 1, 1373 in order that a selection could be made and ample time given to make the transition from one management firm to the other. 'x. 'ack feels that the governing body of the hospital is not a legal entity, except as the management firm wishes to utilize its recommendations. Should clarify the specific areas of the ordinance that are unclear. 11r. Williams feels that if the borough is ultimately responsible for the function of the hospital an ordinance would be required. 1r. Emmick stated he could apprec- iate Sr. Patti's concern in that the hdninistrator needs some kind of direct board with which to work. :!e explained the mechanics involved RIB ASSEMBL M EE T IN G , DECEM R 1 , 1977 PAGE 3 in order to bring a proposed ordinance before c';e assembl f proval or disapproval. Feels that with - on Y or lat the ordinance should be liscusse<' sr lompce " "ork the public hearing Hrs. Wallin recommended that this be referreJ to a work session on December 3, 1977 with the hospital board. NII's, Kavan=.u. *h moved that Ordinance `- be deferred tc a :or'. Lr.:mxck. Uotion carried by unani,':ous all December. S Then 5., Dr, vote. The work work session was set for 1 P. ?f. , December 3, 1077. A five - minute recess was called at 7:29 ; 7:25 P. fr Peotter arrived, ' • leeting reconvened at Mrs. Wasson was sworn in as an assembly member by the clerk. With the approval of the seconc, Mr. Logan, Hrs. Kavanaugh moved to amend her motion to deter. Sr. Josephine Patti pointed out that strictly speaking, the Kodiak Island Hospital is not a public hospital; the governing body is a non - profit corporation under the laws of Alaska and operates as such. The borough owns it but have leased it to a non - profit group to operate it. The work session with the hospital governing board will be scheduled tor December 10 instead of December 3. Mr. Denslow will research the legalities of this situation. B. Ordinance 177 -35 -0 Establishing :Till Bay- uonashka Service Area. Ur. Logan read Ordinance „77.35 -0. :!rs Kavanaugh moved for adoption of Ordinance 877 -35 -0. Seconcad 'y Yr. Peotter. Public hearing otmnad. Dave Hernne teen, fisherman and Uonashka property owner. Has e water and septic systems and would like to see the i1onashka day Subdivision excluded from the ordinance. Would like to see the tree remain as it is now, not become s ubdiviaed into smaller land ri He enjoys the beauty and privacy tie trees. - - Hr. Widom, City ^Tanager. Feels that the City has an honest of opinion. Read Article 10 of the State Censitution, Section - duplication of governing powers and services and Section 5, Areas and A.S. 29.63.090 Section D, Scrvice /areas. (1) Under;- that annexation was never considered by the Planning & Zoning mission regarding their deliberations on the service area ant The engineering study their consideration is ;rased on has many problems. Read memo from city engineer, John Stafford, esti- .at_ -- the actual costs of construction would run approximately 25 r higher the estimates and Peels that another lift station voul: . ft needed for sewer disposal. The probable date to begin operat:_ the new sewer treatment plant is early next year. At the anne <i:. - hearing by the boundary commission for the Pii11 Bay area on C - _ he will propose annexation of the Mill Fay- !;onashka area. Ste _ the planning powers given to the borough by the state are beic- the fullest extent possible. Feels that adoption of this orc_-t- would not be in compliance with Article 10 of the State Const:t.-. and A.S. 29.63.090 D. Mrs. Kavana questioned that the city could provide water, road, ire services, et cetera if this area were annexed. Sts-•' - the main tax base for the borough lies inside the city. Mr. Jack. Stated that in the past there have been attempts t7 v various ious areas outside the city and each time they have been v: down; now the city is planning to annex the Gill Bay- ;4onashka without putting it to the vote of the people. Mr. Widom respee. that the city may or may not bypass the people in the proposed annexation to the city of the Mill Bay - Monashka area. S KIa ASSE BLY M tEsi:iG, uECEMBER 1. 1 377 PACE Mr. Logan. Asked if the city is annexing the `11 Bay Fpad area by legislation. tr. Widom asnwerod 'yes Asked if most of the _property owners were not businesses that want_ in the city so it could nay their personal property taxis. Feels that the city had soot annexed and is now trying to fill in the holes even though the sroperty owners not previously a._.er.cd had expressly stated they did not ::ant annexation. ` Dr. Erhnick. Stated that the ordinance ±s a result of DEC condemna- tion of certain residential property in the area. Feels that city should stand behind its a with the borough to sive the rosier of the borough, as well as the city_ the services of the sewer treat- ment plant. Mr. Widom stated that from an economic standpoint he would welcome the expansion of the services to the borough even thoug'h the city has changed its Hind on this question several times. ':r, Hernnsteen was asked if he preferred to be in a service district or be annexed to the city. He replied, .either ''. Hrs. Wallin:. Asked if it is not the intent of the city startingsthis year to annex areas on the existing road system. `Ir. Widom stated tha it would definitely not incluue Chiniak. Mr. Williams. Established that the city does provide fire service in this area but that they do not have a fire truck in the area and canna meet the minimum requirements. Mr. Peotter. No comments Hrs. Wasson. No comments Lorna Arndt. Stated that at one time the island Lake area had wanted to be annexed to the city but were told the city could not build roads and the area could not meet the requirements for roads, sewer and water. Also stated that the city had contaminated Island Lake. The Island Lake area is being forced to get their own sewer plan which will be financed by EPA and State funds. Is definitely for the service district but not for annexation. Dr. Emmick. Explained that the establishment of a service area ioes014. mean the actual formation of or forcing of a service district. Ron Chase. Pointed out that this area includes all the surrounding borough area, such as :Spruce Cape, - :tiller Point, et cetera and that more people would have been present to voice opinions had they realize this included areas other than Mill Say and Monashka Bay. Is against the ordinance because he feels the cost would be prohibitive for road, sewer and water assessments. It was reiterated that the establishment of a service area is a first step formality and that tha formation of a service district for specific services would have to coma from the property owners themselves. Mr. Jack. Stated that it is agreed that there is a great need for fire protection in the area but that a fire service area could not established without the passage of this ordinance and then the people would have to vote on it before it could become a reality. It was stated that the roads the borough has constructed in that area are a result of the Service Roads and Trails Program as the borough does not have toad powers. ::r. Logan. Pointed out that the Spenard Service District had fought annexation to the City of Anchorage for years. Emil Norton. Is definitely against the service area unless all people in the area would request a service. Jo Haidu. Is definitely in favor of the service area and understands the concept of the service area and that only people residing in the affected area would be eligible to vote on the formation of a service area. Stated that the people outside the city are not parasitic and that the Spruce Cape water line had bean paid for by federal funds KIB eSABLY 2 EETI: , _-.:i'.I4GRS1 39Th PACE _ after the earthquake. The property owners still ray water bills to the city. Feels that the cite is not able to take: care of services within its own boundaries so could not possibly take care of s-•rvices in a district as far away as tho ?ionashka -'till Bay area. Feels that annexation may have been delayed another ton years as a result of some of the comments made earlier in the meeting. Dan Ogg resident of Island vista Subdivision. Does not want to be forced into annexation. Stated ? :o would like to sec a legal descrip- tion in the ordinance that corresponds to the borough zoning neap. Stated that he does not want water and sewer and cants the lots to remain one acre or larger. Stated that he had been receiving the minutes from previous . meetings later than usual. Also, he • had hoard that water and sewers would be in the '?onashka Bay area within two or three years and he wishes it to remain as it is. Agrees with ?"r. Hernnstecn that a service area might cause the loss of privacy and lead to the cutting of trees. Submitted exhibits for study and con- sideration of the assembly. Asked if the borough has the right to grant use permits if they do not have road powers. Jack McBride, Shahafka Acres. Explained that some five -years ago the residents of Shahafka Lcres had done everything intheir power to become annexed to the city and are still wating. These people are now in agreement with the proposed Island Lake sewer plan. Feels that regardless of what the peel: of :ionashka i3ay do, eventually the city is going to grow in their direction and service will come. Is in favor of water and sewer development in an orderly manner and feels it should come with establishment of a service district rather than annexation. Widom. Stated that the city had laid the last payment on the Spruce Cape dater line this year. Pointed out that a service area was established in the Islam Lake area in 1956 or 1969. Feels that unifi- cation is the answer to the problems of the city and borough. Mrs. Wallin closed the public hearing and opened the meeting. Mr. Denslow. There are so many aspects of the problem to be addressed; however, the specific issue is how the KI3 assembly resnonds to the expressed wishes of numerous citizens for a Te chanism to deal with their road, sewer, water, fire and related s.. rvice requirements. Dir- ected the administration and legal counsel to come up with a mechanism to satisfy the obvious requirements of tha constituents. One of the significant virtues of the borough occAanism is the flexibility with which it can respond to those expressed needs of the citizens. The service requirements that will be rendered on behalf of those citizens can be tailored to what they arc willing to ply for and what they vote on. The legal description is appropriate to the area to ba considered. Areas su ?h -as the Island Lake Sewer and Yachtine Club can form their own service district and become eligiblo for up to :f7 percent federal and state funding. The sewer treatment plant is being constructed with federal money and was to he available to all of the Kodiakmetropolitan area. Motion carried by unanimous roll call vote. At 9:05 P.M. a recess was called. Meeting reconvened at 9:15 P.f. C. Ordinance 1:77 -36 -0 Amending the Uxisting Apportionment of Plan- ning Commission. Members. 'Irs. Kavanaugh read the correspondence and ordinance. Mrs. Kavanaugh moved for adoption of Ordinance 11 Seconded _by Mr. Peottar. Mrs. Wallin closed the meeting and opened the public hearing. No one spoke for the ordinance. Mr. Widom. Read from the minutes of the KIB assembly special meeting of November 15, 1977. Stated that the ordinance could not be effective until thirty days after passage and that a now member could not bo appointed until after a term (vacant) had expired. Mrs. Wallin stated she could not find anything in the Alaska Statutes to support this. Dr. Emmick questioned the legality and contents of the special heating and felt that the contents of the meeting as advertised was not very KIB ASftM&Y ?EeTI2G, ' E41E5 1, 1177 PAGE 6 specific. Mr. Peotter pointed out that at the time of tha special meeting it was discussed whether or not it would be appropriat:: to act on this ordinance at first readin^. Th_ entire assembly 7las of the opinion that it was in direct relationship to the reapportionment and that it was part of that special but that depending on where a person stands, it could or could not be construed to be covered by the agenda. Mrs. 'rallin closed the public hearing and reopened the meeting. Mrs. Kavanaugh staged sh-. '_lt that t'ze first radin :G of the ordinance should have been naG.e public. ::mmick mov._d to ar,._nd the g o � rdinancs to call this thy. First rad=n-T of Ordinance 177 -36 -0. Omanaugh F.domm_.nde:d that the third from last 1_n, b_ changed to borough mayor" instead of "borough chairman'. The am•_ndment carried by unanimous roll call vote.rs. Wallin stated that the assembly is governed by the state statutes. :1r. Dcslosr stated he felt the wording of the ordinance is correct as it stands without adding the phrase "or scat vacancy" to the fourth from the bottom lira . :lain motion carried with Mr. Jack casting one NO vote. ;;r. Denslow respond to some of tha technical issues raised: (1) although the intent of the announcement was as the assembly had wished, it could be construed as technically incorrect. The thirty days for appointments is correct, however, since there is not a complete list there was no intent to make further appointments at this time. (2) expiration of berms was explained earlier; and (3) tho natter of a list of names was an issue created by the city not the borough. Alaska Statutes requires that a list will be provided. Mrs. Wallin stated she had asked that Item VI 3 be deferred. She now requests that the matter be delayed as sev;.r =.1 more names have been submitted. VIII OLD BUSINESS A. Resolution #77 -58 -R E_subdivision of Trot C -A, USS 1326 (Rolland Jones). Mr. Milligan explained that this matter had been tabled at the November 8th meeting and now all requirements have been met. Dr. Emmick moved to remove: the item from the table. Seconded by Mrs. Kavanaugh. Motion carried by unanimous roll call vote. Dr. Emmick moved for adoption of Resolution #77 -58 -R. S:condt_d by Mr. Peott..r. Motion carried by unanimous roll call vote. 3. Review & Endorsement of Detailed Design Plan for Old Harbor & Port Lions High Schools. Peotter mov,;d to endorse and accept the plan of Maynard M3BJ for Old :,arbor & Port Lions High Schools. Seconded by Mrs. Kavanaugh. Mamb•ers of the assembly wort on the architectural team and were asked for comm:_nts. Dr. Emmick stated that the plans had been revieewed at a work session as well as having been reviewed by committees in the villa7es and the school board and they were given their approval. Notion carried by unanimous roll call vote. C. Review & Approval of Architectural Proposal for Development of Nodular Elementary School Plan. Mr. Puotter read the correspondence. Mrs. Kavanaugh moved to accept the proposal of Maynard NBBJ for the Modular Elementary School Concept. Seconded by Dr. Ernmick, Mr. Denslow explained that this enables the borough to respond to the needs for improvements in advance without having any technical details in advance as to the characteristics of a particular site. (1) Gives a plan of sufficient detail to estimate the cost for fiscal planning purposes, and have a plan within a relatively short time which could be embellished with detail ready for specifications and actual bidding for construction, and (3) by having a non -site spccific plan will have gone through the most time consuming aspects of design. The main objective was to have some input in the capital improvements program for the next five -year period. Hr. Jack stated that sometimes federal monies become available that have to be tied up in a relatively short period of time. These plans are rn:ccssary because of that situation. Motion carried by unanimous roll call vote. 1 r) 9 1 2 ` f1 5 5 1 KIS ASSEMBLY IEETINr, DL�E'`.BER 1. 1 277 PACE 7 D. Review S S Approval of Architectural rroposal to Studyy Design Problems in the Borough Assembly Chambers. ",. Williams read the correspondence. Dr. Emmick move] for acce'tance of the report and award of the contract to Ma'nard .;53J. Seconded `y Mr. Logan.,_. Denslow explained_ that due to complaints of the acoustics in the assembJ.ychambers by the audience in attendance as well as the radio listening audience, the size and comfort of the room have teen criticized on innumerable occasions. As a resnonse, the assembly asked the staff to lock into a rehabilitation study of what could be done and at what cost. As a result, the proposals solicited were looked at by professional architects and the result is the recommenda- tion to the assembly. Mrs Kavanaugh asked how many square feet would be added to the size of the root Whether the fireplace would remain, at cetera. Mr. Denslow stated he felt the glans should be reviewed with the architect before those questions could he answered. Motion carried by unanimous roll call vote. IX NEW BUSINESS A. Tax adjustment - Unlimited Projects, c/o Ronald F. Eschete'. Kavanaugh moved to accept the request of Unlimited Projects, c/o Ronald F. Eschete' to correct to n zero balance. Seconded by Dr. Emmick. Motion carried by unanimous roll call vote. B. Resolution 07 -64 -r Designating Individuals Authorized to Execute Negotiable Instruments for the KIB. Mrs. Wasson read Resolution #77 -64 -R. Mrs. Wallin stated she felt an appointment at the present time would not be advantageous to the KIS. Mrs. Kavanaugh moved to defer Resolution 077 -64 -R until the next meeting. Seconded by Mr. Logan. Mrs. Wallin requested that the mayor's name be put on the list to sign documents, in addition to those of James Peotter, Dr. Michael Emmick and Shirley i 'i11er, Clerk. Mrs. Kavanaugh, with the consent of the second, withdrew the motion. Mrs. Kavanaugh moved to accept Resolution ; Seconded by Dr. Emmick. Mrs. Kavanaugh moved to amend Resolution #77- -64 -R leaving.. borough savor, Betty J. Wallin, eliminating deputy mayor, leaving clerkreasurer, Shirle' biller, and leaving the naves of James Peotter, aresidns; officer and Dr. Emmick, deputy presiding officer. Motion 3ied for lack of second. J Hr. Lo an moved to amend the main motion to read' borough mayor, Sett y Wallin, ae ete deputy mayor, leave in clerk treasurer, '4 surer, .aye one borough assembly member and have the mayor aonoin} member person as assembly nember signatory. Motion died for lack of second. Mrs. Wallin stated she feels the assembly cannot name the person, the mayor rust appoint, Mrs. Kavanaugh explained she had not named a person, only left the naves that were already there. Plain motion failed "ith `fns. Kavanaugh, Ur. Logan, Mr. Peotter and Mrs. Hasson casting ;TO votes. Mr. Feotter moved that the clerk be directed to establish that the mayor sign a signatory card and become a signatory for borough documents. Seconded by 'Ins. Kavanaugh' Motion carried by unanimous roll tall vote. C. Resolution #77 -65 -R Authorizing Participation in APLRS. Mr. Jack read Resolution 777- 65 --R. Mrs. Kavanaugh moved for adoption of Resolution #77 -65 -R. Seconded by Mr. Peotter. Motion carried by unanimous roll call vote. D. Confirm Change of Dates for December Work Session E Regular Assembly Meeting of January 19'5. Mr. Denslow explained that the regular date for the Deceeter work session would be New Years Eve. The concensus was that the - cr;< session should be ,coved to January 7, 1978 and the regular January - .eating moved to Tuesday, January 10th. Mr. Jack pointed out that January 7th is Russian Christmas and stated he would not be able to at :eni the work session. Mr. Jack moved the next work session be January '. 1970 and the regular January assembly meeting be Tuesday, January 1778. Seconded by Dr. Emmick. Uotion carried with Mr. Jack an3 '.;. avanaugh casting NO votes. Mrs. Wallin announced that the rez- .ork session would be at 9:30 A.M. January 7, 1978 and the re:•::ar assembly meeting would he at 6:30 P.M. Tuesday, January 10, 1973, i.s_ :here are work sessions scheduled for December 3rd and December 1.7 ... Mrs. 1 0 'l 1 2 1 1 5 5 -, KI3 ASS :MBLY MEETING, 5EC1M3ER ' 1377 PAGE 3 E. First R.eading Ordinance 37 Fstaoliching a itsourc ' Zenslow renorted that leral counsel could oeyt produce a t _ ` ically sufficient document in time for this - prepared for tho y Januar _ t_n ! rs :� 'n'= n. stated try to have t.._ ... . . ai1; that it was learned at Municipal League then- is a l:C'1 . r tax to he _trio_ dueed to the legislature which is another source of revenue that is bein offer. -d to menicipeliti_.s on a cho=c;: bas__: ;it'n the option to drop tax in place cf a 1o0e1 income tax Sug st_d that in place of an ordinanc., that perhaps t':is should he opened up to Discussion at wor- s. on all areas of tax. Dr. i3enick stated that earlier it had been agroed to hold s -_ i_s of public h.drin gs on thc subject. Wallin instructed the clerk to ma._ co s of F Mrs. assembly members. Hr. D_nslow s •• t. 75 for each o g y ..tithe these em o hatfcount Su b csted the assembly continue with the direction that counsel has given on the resource issue and then study the ed to o_fon tae item tax p repo stl as part of the January work session. conded by r1. Logan. ed until r January meeting. Williams casting con v ::r. Logan. Motion carried with Mr. Williams _lhcasting ng e ,:U vote. F. School R;vonuc & Expenditure. �L err October 1077. Mr. P- ...ott.:r moved for acceptance of the School Cev_nue „ expenditure Report, October 1977. Secondc,_ by hr. Jack. 'fiction carried by unanimous roll call vote. G. Monthly Activities • ^ ,_port, 0ctober 1577. :firs. Kcvanau ^'.t rcovad to acknowladga receipt of the Monthly Activities -°._port, October 1977. Seconded by Dr. Emmick. firs. Wallin stated thr.t she hac nada an appointment to P & Z of someone who is in direct violation of planning and zoning codes and ordinancs. This will be !s session as to the legality of -r. P od to a work tk g Y this appointment. _ M e n. el legator stated it was his opinion that this appointment i t only restriction in this case would be that the cas would not be able to enter into any discussion or. his owe. case. Mrs. Kavanaugh stated that she had been questioned about the , wisdom of this appoint- ment. Notion carried by unanimous roll call vote:. 11. Financial Statement through Octob:.r 1377. Dr. Emmick moved for acceptance of the financial statan.: nt throurh October 1977. Seconded by Mrs. Kavanaugh. ';r. P._ott= t:�i r l that there o are a few accounts that ara over expended. !!rs. Wallin suggested that this natter be taken under advisement at a work session. Mrs. :Cavanaugh called atten- tion to item 134.09. Mrs. Kavanaugh :coved that any account that.is going to be over -„x ended could not b: expended nded - eith of tho assembly. Seconded b r out the approval l '- r. Logan. t" : :av_.raugh stated that it should make the assembly keep closer watch of what is being oxpcndce and for what. Motion carried with ii.. Jilliams casting one NO vote. I. Resolution $77 -66 -R ? of Tract D, USS 1675 (Eufemio). Mr. Milligan stated that the corrections have been made on the plat and the P 6 Z Commission has approved the plat as revised. _Mrs. Kavanaugh moved for approval of Resolution. 1.`77..66 - d R• Sucondad by '.. Logan. Motion aarria by unanimous roll ,.all vote— Dr. Emmick called a point of order on Item H as there was no vote on the main motion. Dr. Emmick roved for acceptance of the financial statement thro9h October, 1977. Second_d by i'r. Williams. Motion carried by unanimous roll call vote. MANAGER'S REPORT 1. Mr. Danslow reminded of a special work session requested by the assembly with 4r. Vern Johnson of Peat. Marwick & ititchcll. (a) ncctinJ with Mr. Johnson r_: management letter: (b) memo re: request of assessor for some policy guidance on certain types of land classi- fications; and (c) latter to be recciv ✓d from the staff of the School District.on the Karluk Spit situation. 2. A meeting is scheduled for December 3- 1977 at 7:00 P.M. in the conference room with hie. Dale Tubbs, Mr. Robert ..artig and the KIB ASSE: {a }1 1 0, /i7 ' FACE 9 app g rai la who will give thorough pro_ress rcoort on the status of ands. 3. Report on trip to Washington, D. C. to confer with the congrass- len.al d_legation rag_rding tt_ arcposad 'attar ouzirkie ;native Corporation for �_'ia removal cf `taro claims s b the corporation on lands owned by e` c�.r ci,t is rs ed taat area. The congressional y t`... boron in the_ t h . orcposal the borough g ss�onal d�L_aticr. conc,rr_ :� , gh is making for the substitution of f `n . .1. as foral ate lands. They agree in pr_nciol: and fa el lea cs for state th woe a .._1 v c it atgao- in av a right direction but t thc endorsement the particioa :y 1-d a}._ to h �. ;,, of all • ? .-.c..,., tdminiould `.ago decision or one which would be its for a l .,ra1 rdr.,inist r to an existin create as t singln ,h the borough g bill, or a p< %f : ^ ';ill is moving in the right dir..ct' Dian t vh the borough 4 ado note of th e,. meetings ( Isl" d es k ill be vary slow. - th n., f r c ewro L Yachting d, Club D 7. 1977 Resources Council Dccamb:r 14. in t7 _o P in= herb; (g) meeting room; and (c) Lands m :s 1977 at 7: 3 1. in 7,.: ��c,; ;abcr 3, h,: borough ^acting conference room. ting on 1977 at 7:OO P.N. in the 'r• Nillipan - Gave a bri._f update, on the Planning commission's travel to the villages in connection with the comprehensive development plan. A scheduled trip for Saturday, ;iove:mb„r 26th to Akhiok and Old harbor was cancelled due to mechani-- commission will be grins t . :,�1 di " - cuOld_s Harbor the aircraft. D b '•�= o.: - Cnd Old : Lrbor Saturda the sketch clans and to gut s December 3, to review tion. The commission has compl o their ideas e n narks and dea outstanding review from that community .tu_ . n to the rear err e md had it is hoped to bo able to coepllt:. t If t `aviews remains tter. part of Deconbar. - o' plan r-.vir,ws by t' :: latter XI ASSEMELY COMMENTS ';rs. Ka� h - 1. Stated that it i - that an assistant borough : ' o" the Alaska Sfe th manager's absence borough disability. ' 'uroint to ar in case i o the manager the from or disaba t Ch �r s �r. - , Hager b€ presented at th Jane ry meeting 2. recommendation tha 1 assembly has the duty to evaluate t Stated that his. should ba done with the cl-i cl t ys. Wallin agreed this gested this be taken up Saturda r r attorney s at �a3_ra and suh- the public does not understand f• `u1 work e s earn. 3, Feels that r esponsibilities of the local Soundr,ri..�s comraissionFanzj w by and place at the public he,arin,-n. and whit takes out mailing and -- '"v` c u bl i m ea r, i oublic-t' that the boroueh 0 0 in the borough m__ � rtj n om. S 'a ` r n December c2 Notion carrie wit = room. ord.,d b7 J ack" 4. 19 Dr. crtnici: any "r. ial ae.ms cnstan:= +...,, tote • s has a aria recreation rave borough's P and recreation plan, "r. Pcottor - IIo comm,tnts. ftrs. Wasson - Express -ad thanks for n. rpointm;:rt and desire to become Involved in the work. Mr. Lop - Encouraged everyone to attend an-'. annexation public hearing on D,c_mber 12, 9_.. Feat° :00 P.N. at the borough meeting room. 1i77 at 7:00 P in the Dr. Emmiek - Stated that he had not coma away l Dr . en with refaronc_- to his stat.:mentrfF from school with with the same understanding - thoe op •� in the newspaper; also the mop y firsurasa h publish :_dwere incorrect. bis.ld Mrs. Wallin statad that Dr. Anttonen is issuing a lctt of correction to the borough and the newspaper. Mr. Williams - Asked the correct procedure for :entering an item on tc: agenda-1577 work session as well as for a m.:ating. !irs• Wallin explained that the cut -off time for the ;:eating agenda is 5:00 P.N. t :ednesday a weak before the assambl n reviewed the following morning print The agenda will he g e session agenda should be submittedtoth;aborough -manic go on the hoc :: 1 0 1 1 2 1 r1 5 5 5 KIB ASSEMBLY MEETING, DECEMBER 1, 1977 PAGE ,o .ir. Jack - R- itcratcd what Dr. Enmick stated regarding the publication o Dr. Anttorzn's statement. Hu had not coma: away from the meeting with the same impression as that in the printed statement. Stated that a letter had been r.,e..ivcd fro:,: Mike Johnson regarding the ,C_.rluk Spit which shows that no cony had been foraard,d to the borough nonag..r. Felt it should have coma throe 'th Er. Anttonan with a copy to the borough manager. He encourar sd e v_ryone to attend the rn. :ting December 12th on .annexation. XII MAYOR'S COI :MENTS 1. Again stated that there :could be : letter in the newspaper correct- ing the statement of Jr. Antton.:n r_g::rling the schools operation. 2. Stated that it is a great help when all assemblymen attend the work sessions even though they are_ time consuming and encourages the members to do so. 3. Asked that th•_ :iscussion of the last appoint- ments to the P 6 Z Commission be put on the agenda for the work session of December 3, 1977. 4. Again asked for a volunteer to r..pr•esent the assembly on the Historical Society. 5. Requested tha clerk to sand a copy of H.B. Mo. 75, local income tax, to each member of the assembly. 6. Requested that Chapter 2.08 of the Borough Code be looked at as it should be updated. 7. Regarding unification, requested that a date b,: set in January or February for the assembly to sit down with the city to discuss the problems of each. 3. Read latter from the State' of Alaska, Office of the Governor, Coastal Zona Management Council expressing their thanks and appreciation for the seafood and all the efforts of the assembly and the entire community. 9. Road an invitation from a now cannery in Scidovia to their open house on December 3, 1977 at 2:00 P.M.- Attendance would be at the :Member's own expense. 10. Raad a letter from OMAR announcing a petrochemicals symposium at the Captain Cook Hotel in Anchorage December 10, 1977. :Lad c. news release from Governor Hammond stating that Fairbanks is bring consid -crud by a Houston firm as a petrochemical site, 11. Announced that KCA's Adult Leisure Center is now open at the Professional Building (Johnson Clinic). KCA would input and volunta - XTII AUDIENCE COMMENTS Mr. Widom - 1. Apologized for stepping on any toes with his earlier remarks regarding;; annexation. 2. Mct with Kramer, Chin 6 Mayo, Mr. Milligan and Mr. Denslow regarding, the cor =_prchensivu plan. 3. Re- garding the Ouzinkie Native Cornoration agraenant he feels the city plays an important part as the water is the life blood of the community. Expressed the decin. that the city will b; invited to moat.. with Messrs. Hartig and Tubbs and the borough. 4. Is in agrceMent with the Mayor statement regarding joint discussions on unification. Dick Wemser - Did not understand the action or discussion regarding 13ssolutiorr r77-64 -R authorizing persons to sign borough documents and checks. Mrs. Kavanaugh explained that twice the mayor had presented a name for deputy mayor but the assembly had not ratified the appoint- ments; the resolution which would authorize theses signatories had bean turned down, but with tonight's action, the mayor is authorized to sign documents and cheeks. This makes .a total of four persons so authorized. XIV ADJOURNMENT ATTEST: Meeting adjourned at 11:15 P.M. ` �aoO fficer