06/17/1978(A Verbatim Transcript is Available in the Clerk's Office)
KODIAK ISLAND BOROUGH ASSEMBLY SPECIAL MEETING, JUNE 17, 1978
I CALL TO ORDER
Dr. Emmick was appointed actintpresiding officer by unanimous
consent. T e meeting was called to order at 2:00 P.M. by
Acting Presiding Officer Emmick.
II ROLL CALL
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Present
Absent
Dr. ichael Emmick ter. - James Peotter (excused)
Mr. Ed Jack Mayor Betty Wallin (excused)
Mr. Tom Logan
Mrs. Marlene Wasson
Mr. Bill Williams
A quorum was established.
III ITEMS OF BUSINESS
1. First Reading Ordinance 978 -11 -0 Levying Taxes on all Tax-
able Real and Personal Property within the Borough for the
Expenses and Liabilities of the Borough for the Fiscal Year
Commencing on the First Day of July, 1978 and Ending on the
Thirtieth Day of June, 1979. Mrs. Wasson read Ordinance
978 -11 -0 by title only. Mr. Jack moved for adoption of
Ordinance 9 -11 -0. Seconded by Mrs. Wasson. Motion carried
by unanimous roll call vote.
2. revenue Sharing Funds - Public Hearing. Dr. Emmick closed
the special meting and opened the public hearing. Mr. Denslow
exp ?aired Line Item Sec. 4, 730.01 and .02 in the amount of
v He stated Revenue Sharing funds are used to enable
communities to supplement their regular tax resources for
projects that might be of interest to the community. The annual
allocation is based upon population and other factors related
to economic conditions and the local fiscal capabilites. These
moni.ee have not yet been allocated but have been treated as a
revenue yet to be designated in the general appropriation.
There being no public testimony, the public hearing was closed
and the special meeting reconvened. The manager was requested
to make recommendation as to the designation of these funds by
June 28, 1978. Mr. Jack invited anyone with ideas on this
matter to present them at the public hearing one June 28th.
This will be treated as a budget item; the authority is dele-
gated to•€he assembly as to the use of the funds.
3. Anti- Recession Funds- Public Hearing. These funds in the
amount of $25,000 parallel the Revenue Sharing funds and will
be a part of the budget. Meeting closed; public hearing opened.
There was no testimony. Public hearing closed meeting reopened.
4. Bid Award for Hospital Manager's Residence. Mr. Jack read
the correspondence from the borough manager and borough
engineer. Mr. Logan moved for acceptance of the award from
Chi.ckerin¢ Build_na Service Seconded by Dr Emmick. It was
felt that the low bid was in excess of what the borough could
accept. Motion failed 3 -2 with Mrs. Wasson and Mr. Williams
v,. es_ After lengthy discussion oraltei�natyvea
Mrs. Wasson moved for reconsideration. Seconded by Mr. Jack.
Motion carried 4 - with Mr. Williams casting one NO vote.
Mr. Jack moved to accept the low bid of Chickering Building
Service with the stipulation that the contract be renegotiated
so that the total amount would be no more than $30
Seconded by Mrs Wasson, Mr. Denslow pointed out that the
assembly can only negotiate with the low bidder as long as the
negotiation is for less, not more. Motion carried by unanimous
roll call vote. Mr. Denslow stated staff would try to
accomplish this by June 28th and report back to the assembly
at that time.
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KIB ASSEMBLY SPECIAL MEETING, JUNE 17, 1978 PAGE 2
5. Legal Issues. The matter of dropping appeals against ANSCA,
14 C 3, as moved in April. This motion was amended. The
interpretation of the amendment was that the appeals would con-
tinue until such time as certain provisions were made for the
accommodations of schools, parks, et cetera. In essence this
has caused a considerable amount of confusion and has blocked
conveyances on certain lands that were in the process of being
conveyed to village corporations. Dr. Emmick read the original
motion of April 6, 1978 as well as the amendment. The original
motion would remove the borough from any involvement in the
case of 14 C 3 reconveyances where there was a local municipality.
The amendment killed the intent of the original motion. It was
felt that th e instructions to counsel were confusing. Counsel
provided by mail a proposed "Stipulation of Dismissal of
Appeal" using Akhiok as an example. Mr. Denslow read the draft
from the attorney of an order "Stipulation of Dismissal ". The
assembly disagreed with the "order" as to the reconverance.
They are interested only in the land on which a school would be
built. The 1290 acres would be held by the city for municipal
purposes. According to Title 29 boroughs are specifically pre-
cluded from receiving any of the 1280 acres. Dr. Emmick
declared an executive session for the consideration of legal
matters and personnel. There was no objection.
Special meeting reconvened at 3:35 P.M. Mr. Williams moved
that_Cole Hartig, Rhodes, Norman & Mahoney be terminated the
last day of June, 1978 as special counsel for land matters and
a new counsel be selected. Seconded by Mr. Jack. Motion
carried by unanimous roll call vote. Dr. Emmick read a state-
ment of policy for the assembly's consideration: "If, as soon
as possible or within 90 days native corporations submit a
plan for reconveyance of land to appropriate municipalities
as provided by 14 C 3 of ANSCA, and this plan is acceptable
to KIB and the municipalities involved the land appeals on
conveyances will be withdrawn ". Mr. Williams so moved.
Seconded by Mr. Jr Motion carried by unanimous roll call
vote. The manager was asked to convey this policy statement
to the native corporations, the cities involved, the attorneys
and the general public.
IV ADJOURNMENT
The meeting was adjourned by Acting Presiding Officer Emmick at
3:38 P.M.
ATTEST: •