10/05/1978r) 1 1 2 1 1 i
KODIAK ISLAND BOROUGH ASSEMBLY MEETING - OCTOBER 5, 197E
(A Verbatim Record of the Meeting is on File in the Clerk's Office)
CALL TO ORDER
The meeting was called to order by Mayor Wallin at 5.3u P.M.
in the Borough Meeting Room.
ROLL CALL
Present
rf 's. Kavanaugh
Mr. Logan
Mr. Peotter
Mr. Williams
Mr. Jack (6:35)
Absent
Dr. Emmick (excused)
Mrs. Wasson (excused)
A quorum was established.
III ACCEPTANCE OF AGENDA
Mayor Wallin stated the following addition:
VI - C: Health Council Resolution
Mrs. Kavanaugh moved that the agenda be accepted and
closed. Seconded by Mr. Logan. Hearing no objection, Mayor
Wallin so ordered.
IV MINUTES OF PREVIOUS MEETINGS
A. Assembly - Regular - September 7, 1978
B. Assembly - Special- September 23, 1978
Mr. Logan moved to accept the minutes together. Seconded
by Mrs. Kavanaugh.
Mayor Wallin noted one change on page 1 of September 7,
1978 minutes, item 6: The third motion should be "Mrs. Wasson
moved to amend the motion to the point. Motion carried by
unanimous roll call vote.
V MINUTES OF OTHER MEETINGS
Mr. Logan moved that the minutes be accepted as a group.
Mrs. Kavanaugh seconded the motion. Motion carried by unani-
mous roll call vote.
VI COMMUNICATIONS 8 APPEARANCES
A. Letter from Personnel Board requesting
Mrsi with Personnel n Ad v Advisory
Seconded by Mr. Peotter. Motion carried by
call vote.
B. Letter from Personnel Board requesting change of meet-
ing date. Mrs. Kavanaugh moved that the Personnel Advisory
Board request to change their meeting be authorized. Sec-
onded by Mr. Peotter. Motion carried by unanimous roll call
vote.
C. Health Council Resolution was presented by Dr. Gorman,
which he states as follows: 'At the HRAC's regular meeting
on October 4, 1978, the primary topic for discussion was the
extended care wing of the hospital and the prolonged delay
in hayg that service available to the people of Kodiak.'
Dr. Gorman read into the record the Pesolution made by the
HRCA.
executive session.
session be set up
this meeting.
unanimous roll
In response to Dr. Gorman's presentation, Dr. Denslow
stated that the problem has been 8 continues to be that
both the contractor 8 the architect say that they can
8 desire to complete their obligations under their re-
spective contracts. The problem however continues that
they have not in fact completed their obligations, & we
keep getting assurances that they will do so, through
their attorney's. The most recent issue seems to be one}
of deciding whether or not the borough should take the
position of dismissing the contractor and considering
dismissal of the architect for failure to perform. That
1 1 1 7 1 1 ; S q
KODIAK ISLAND BOROUGH ASSEMBLY MEETING - October 5, 1979 eACE 2
will not hasten the availability of the parts, in fact,
it could merely compound that issue because then it
would require getting a new architect to write up the
specifications & a different contractor to install the
parts. So there is no time savine that can be fore-
seen either by the Council or the Administration in
making that decision at any point prior to, perhaps,
the next couple of weeks.
Mayor Wallin then drew attention to the second page of
the memo that was turned in by the Health Council, re-
referring to some type of action being taken, or else
other relevant information being provided to the HRA
Council, in writing, by their next meeting which will
be November 1, 1978.
Dennis Murray then gave his remarks and brought to the
Assembly's attention one item not mentioned in Dr. Denslow's
report that Mr. Murray considers to be a major problem is
the fact that the water closets are at the wrong heighth.
Mr. Evans, by invitation of Mayor Wallin, stated that he has
requested answers to the questions concerning the height of
the water closets, hand rails & mirrors from the architect,
and has never received an answer. The punch list is completed
with the exception of the fittings for the boiler, which we
should have within the next week or so, but other than that,
Neil g Company has done everything they possibly can. They
continue to work on the project knowing that they aren't going
to get paid. He estimates that if he had everything he need-
ed he could complete this project within a month, if given
direction. The roof has been examined by an unbiased examiner
and he's waiting for the written report on it right now,
which will determine whether or not it was a design error or
the installation of the roof.
r The Senior Citizens suggested that the Senior Citizen
Board & the Borough negotiate a separate agreement with
an architect & contractor for the correction of the de-
ficiencies, and the borough bear the cost initially.
They feel that this would hopefully afford the earliest
possible solution to a difficult situation & would lead
to a certificate of occupancy by the State.
VII PUBLIC HEARINGS
A. Ordinances #78 -18 -0, changing borough code to two assembly
meetings per month. Mr. Jack moved that this be tabled
until next month. Hearing no second motion died.
Kodiak Island Borough Ordinance #78 -18 -0 amending Section
2.16.080. Mr. Peotter moved for the adoption of second
reading of Ordinance #78 -18 -0, after the public hearing
had been declared closed. Mrs. Kavanaugh seconded the
motion. Some discussion followed. Motion failed 2 -3
with H . Jack, Mr. Logan & Mrs. Kavanaugh casting NO votes.
B. Ordinance #78 -19 -0, Gravel Site Leases. Closed regular
session; opened public hearing.
Joe Spring from Felton Construction Company is concernea
with two items of this memo dealing with the cross sec-
tioning and also the re -lease rights. Am not opposed to
the basic 18 -60 of the material leases, if I can see
something in these two things brought into it. He asks
for the consideration of meeting the high bidder.
Public hearing closed; regular session opened.
KODIAK ISLAND BOROUGH ASSEMBLY .MEETING - October 5, 1979 PAGE
1
) 0 '1 1 ? n S i 0
Mrs. Kavanaugh moved that Ordinanc: 6'3 -19 -0 be tabled.
Hearing no second, the motion die.;.
Mr. Logan moved that we adopt Ordinance 17 8 -10, Section
18.60.040 and add a new subsection 3, retitle the old one
for the same, with the wording that was in the sheet given
to us by the gravel industry, and adding a new subsection
18.60.080 reading re -lease rights to the Ordinance. Mr.
ac seconded the motion. Motion ailec 3 -2 with Mr. Peottcr,
Mrs. Kavanaugh and Mr. Williams casting MO votes.
Section 19.60.040, Section A, the last sentence be
deleted. Mrs. Kavanaugh moves: to have the last
sentence of Section 18.50.0'' -0, Section A be deleted.
For discussion purposes, Mr. °cotter seconded the motion.
Motion failed 4 -1 with Mr. Jack, Mr. Logan, Mr. Williams
.6"lr. NU votes.
Mrs. Kavanaugh moved that 13.60.060 have the following
sentence - , :eleted: "The assembly shll establish at
annual intervals a minimum unit material to be sold."
Hearing no second, motion died.
Mrs. Kavanaugh moved that 18.60..060, Section B be deleted.
Hearing no second, amendment to the motion failed.
Mrs. Kavanaugh moved that Section 18.60.070 be deleted.
Hearing no second the motion failed.
Section 18.60.070, first line, change the word manager
to assembly. Mr. Logan so moved for this amendment.
Mrs. Kavanaugh seconded the motion. Motion failed 2 -3
with Mr. Williams, and Mr. Pcotnr casting NO votes.
Back to the rain motion to adopt #78 -10 -0 with the
addition of Section 19.60.040 and new section B with
"working" in quotes, and added a new section 18.60.080.
Mr. Peotter called a point of order. `lotion should read
that Ordinance #78 -19 -0 be approved including the new
additions submitted by the memorandum of October 5th.
Mr. Jack moved to amend the motion by deleting Gi
pertaining to 18.60.040 6 Section 18.60.080, read re -lease
rights. Seconded by Mr. Peotter. Motion failed 2 -3 with
Mr. Jack 0 Mr. Logan casting NO votes.
Mrs. Kavanaugh moved that Ordinance #78 -19 -0 be tabled.
Mr. Peotter seconded the motion. Motion failed 2 -3 with
Mr. Logan, & Hr. Jack casting NO votes. Mrs. Kavanaugh
c a or question on t e main motion. Motion failed
J -4 with Hr. Peotter, Mr. Williams, & Mrs. Kavanaugh
casting NO votes.
C. Ordinance #78 -20 -0, establishing a Hospital and Health
Facility Advisory Board. Mrs. Kavanaugh moved for
adoption of #78 -20 -0. Mr. Peotter seconded the motion.
Closed regular sessioni opened public hearing.
Hearing no comments either pro or con, public
was closed, and regular session opened.
Ordinance to
(5). Motion
Mr. Jack moved to amend
members instead of five
animous roll call vote.
One year term: 'Ilan Beardsley
Two year terms. Doug Huntley 6 Joan Minx
Three year terms: J_rone Selby, F Jime Payne
hearing
include seven (7)
carried with un-
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XODIAK ISLAND BOROUGH ASSEMBLY - -
. ., .. .. ._.. ?�'�_ - _.__ _. 5, 1379 SASE -
Mrs. Kavanau h moved for radi= tear' �of ' _ "
Doug Huntlev Joan - "y ear dole ,
^x J �3y1 r0 the
Hospital Health Facilities
Mr Aeviscry a Soar._. _lc calld ot
. Logan. Motio
n c3"•'.' s;l�h "r. s. ^._Teas roll
call vCt -_.
VIII OLD BUSINESS
There is no old business.
IX NEW BUSINESS
A. Tax Adjustment, Tinbereina Inc., Leasing regards to personal nasiin, Corp, 153.
property reason being dupll icate
filing. Mrs. Kavanaugh moved that the P -578 be ranted.
Mr. ?cotter seconded the TO .c
n v
cal vote . cJ,:d b unanimous roll
B. Tax assessment appeal - James P-
• moved that this item ba tab_•d g '-n . fns. outamorgh
ormation. til tie me ion.. out more i
Mr. .eott r sec on der the motion. Mayor '4a1ll 1in
suggested to Mr. Eggemcyer that he
s
verifying whether or not the building permit letter
did pre did have a clerical error on it.
roll call ca = coon carried by unanimous
C. Resol. 178 -59 - -a establishing amount due from the city
of Kodiak for taxes on personal property within the,
city limits. Hr. Logan rued Resolution
Mrs. Kavanau h moved for a'Cp -i., c '17q -17R -5
Seconded b Mr. P.:otte ._, 78 -59 -R.
r '
roll call vote. = =gin car b• unanimous
D. Resol. 178 -64 -R, Adopting Karla
Kavanau h moved for ado•ticn of
by M Logan Motion h
E. Resol. ?78-55 - R, Approving Fidel Plat
of Lot 4, Block 3, Miler Point Subdi
Kavanaugh moved for adoption of Resol
ed by Jr. Peotter. 'lotion oa
vote.
F.
First reading, Ordinance
B.O.E.. Mr. Logan rover
8 -21 -0.
t at t
Seconded b a
ualirlcatlons, m"'mbers E ars. Kavanau
alternaate te m men
•
e
x`78 -21 -0, creating a citizen
for adoption of KIR Ordinance
r. Jack
k 7..c;oca ^ion Plan. Mrs.
,,._ -�so1. 178 -64 -R. Seconded
nanirr.ous roll call vote.
for subdivision
ision. Mrs.
#
y ananimous ro call
h moved
shall be an point d on the basis
red
market al of their expertise
estat e
in
& ersonal
pro.crr✓ ao ra,sal. th_ real estate
the ^arsenal ro•erty mart
re atea to t eir unctions, n em. rs, •e o er le -
men• ens died or ac as ' " m •e eted
unanimous rod cal vote° 3 .S Conn. iotlon cattle
•
•
ers
G. Letter of recommendation on Agr,;_ment with PHS proposal
for sewer E water services to Larsen 3ay school: site.
Mr. ?cotter moved that we _nt•_r into an a reement with
PH to •rovlde the facilities den
as o;;r__.ed E take c va
t at contin enc of X29 603. _- - -,d_
- `' -rs. Kavanau h.
Potion
Carrie by unanimous roll dell vote.
School District Report of Revd -.,:es L Expenditures
August, 1978. Mr. ?cotter mov -_
the recei ts. Mr. Jack se - 'hat we
acknowled
unanimous roll call vote. cc-�. Motion cornice rried
d
I. Monthly Activities Report -
_'. , 973. ?Mrs.
moved that we acknowledge re oe.i' -; -, ----�
avanau 1 - Seconded d by Mrs.
';orlon carried b, -
- •� --_s rot ca vote.
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KODIAK ISLAND BOROUGH ASSEMBLY MEETING - October 5, 1979
X MANAGER'S REPORT
•
XI ASSEMBLY COMMENTS
PAGE 5
1. A request from the school board, School Oistri_t Ad-
ministration to consider a couple cf matters that ar
currently on their agenda.
a. Request the Assembly join in an inspection of the
Akhiok Village School on the proposed date of
October llth, to examine what has been alledged
to be conditions of deterioration at the building.
(Charter arrangements will be made by the School
District.)
b. Set a date for a joint work session between the
School Board of the District 5 the Borough Assembly
on the proposed date of October 17th, Tusday, at
7:30 p.m.. (Meeting place must yet be designated.)
Mayor ; 7alIin suggested that this he put on hold
until the new Assembly members take over. Thera
may be somo who would be able to take time off
to go to the villages.
2. Gene Sundberg called 5 said that the proposed amend-
ments that the Assembly had endorsed, have been sub-
mitted to the Senate subcommittee, and that the D -2
bill will be considered by the full senate. Gene once
again appealed for a telegraph endorsement of the bill,
as presently conditioned, to Senator Gravel. Do you
wish to take further action relative to Senator Gravel's
position an the 2-2 Bill?
Mr. Jack moved to send the telegram to Senator Gravel
in Washington, as requested by Mr. Sundberg. Second-
ed by Mr. Williams. Motion failed with Mr. Peotter
6 Mrs. Kavanaugh casting XO votes.
Mr. Logan: Stated that Headstart has lost some of their - a..
funding. He thinks it is time for the P 6 Z staff to
discontinue studying the land sales ordinance and get
the land up for sale.
Mrs. Kavanaugh: Wondered if the Assembly could get a
status of where the land sale is 6 what it is doing in
F.E Z?
Dr. Denslow stated that the land sale proposed
began 13 months ago with the discovery that the
Ordinance that the Assembly was attempting to
operate with was inconsistent with state law,
thereby invalidating their attempt to the sale.
Step 1: Necessitates the code, which you
have just concluded, the procedural document
that would be the gui.'.e for the land sale.
Step 2: You've directed your attorney to in-
vestigate all the parcels of land which met
certain criterion for sale Relatively
simply criterion were that the land had to
be clear of title, and had to have access to
the property in question. A list of the
properties is presently before the P 6 Z
Commission for its r.:view for zoning, trans-
portation, & related considertions. A copy
of that list was given to the Borough Assembly
at the work session a couple of weeks ago 6
Mr. Tubbs 6 Mr. Lekisch are working on the
legal documents related to the sale itself.
Recommendation of parecls is assumed to come
from the P S 7 Commission very shortly.
) 0 1 1? 1 5 5
KODIAK ISLAND BOROUGH ASSEMBLY MEETING -
- _tcbar 5, 1072 PAGE 5
(Within the next couple of weeks.) There-
after the Assembly will be given the oppor-
tunity to decide which parcels they wish to
in fact offer for sale under the terms of
Code Title 18.
Mr. Williams: More than one person has brought it to my
attention that the professionals doing the assessing of
the borough have been found in peoples front yards, back
yards, measuring the size of homes E so forth, 8 nobody
has ever come to the door to introduce themselves.
Mayor Wallin suggested that perhaps the Assembly should
release a statement telling people what's happening.
Mr. Jack: I think we might direct Mr. ask
little further about what these apprais enslow
Have we gotton any further on the report of the pool?
Were samples sent in for analysis?
Dr. Denslow said that we did follow on the agr :ed
upon process that the Assembly accepted. Samples
of the pool liner were taken & have been sent to
the lab for analysis. The borough attorney was
instructed to take the necessary legal steps to
protect our interests on the warranty as far as
the liner is concerned. The warranty date on
the liner expires on November 15, 1978. The
Maintenance Department of the School District
has taken steps to begin the process of welding
8 are in the process of making the repairs. As
soon as the repairs are complete the pool will
be refilled. The process that you have agreed
to will determine who is at fault, either the
contractor at the tine of installation and /or
the pool manufacturer for the condition that
exists. At the sane time determine who is
responsible for the costs related to the main-
tenance and /or replacement of the liner.
My third comment concerns the sewer plant. It is my
understanding that it is not living up to its reputa-
perhaps Mr. Denslow rwrite yarletterntoutthescityt8at
inquire as to the sewer problem, and also include it
on the November agenda to let the audience know what is
happening to the sewer treatment plant.
KII MAYOR'q.COMMENTS
1. Ratification of election: This has to be done by
Tuesday, October 10th. Suggested time was 5:20. Could
it be changed either to 6:30 or 7.00? Time of 7:00
was unanimously accepted.
2. The clerk was instructed to have the Borough Code books
ready for the new Assembly people, & to also provide
them with Roberts Rules of Order, Title 29 6 30, 6 to
include the ASCA small white book pertaining to land so
3 they can familiarize themselves with the land issues.
The Mental Health Center has sent a letter in which one
of their members have been dropped from membership, 6
they need another person to fill this vacancy. I'd like
PAhission to ask the manager to advertise for the posi-
tion as we normally do.
4• What is the status of the hospital residence house?
Dr. Denslow said that construction is nearly
complete. They are doing the final punch list
items with just a few details waiting comple-
5. Have been named one l of b the members to be a
the Forest Practice Act Committee to the govenorinted to
6. Received invitation to attend a town hall meeting to be
held tomorrow night by the RCA Alaska Communications at
7:00 p.m. in the Harvester. Would like to extend this
invitation to all the Assembly members.
4
1
XIII AUDIENCE COMMENTS:
PAGE 7
Paul Snider from Monashka Bay: I live on Sawmill Circle,
which is a very rough road right of way, with about seven
or eight other families. Am tired of hauling fuel and I
can't get any electricity into my property until such time
that the road is being built. Was told in March that con-
struction was to start August 1. I'd like to know how
much money was allocated g how come the road isn't being
under construction?
Dr. Denslow: Center line stakes were driven
to determine the extent to which the fill and
cut as part of the construction process, and
spill out beyond the right of way onto privet=
property. Mr. Tubbs was asked to initiate the
steps, which he did, to get releases from each
of the property owners on whose property either
a cut or a fill intrusion would be required to
meet the grade line requirement of the service
road and trail program. That project has been
approved for construction, the money is allocat-
ed, and all we're doing at this point is meet-
ing the engineering and legal requirements of
the state before construction starts. Mr. Mane-
line, the director for the program at the state
level, has suggested that a contract award be
made for both this years and next years con-
struction as one contract. If it all goes
according to schedule it will be completed with-
in the current fiscal year ending June 30, 107'
Laura Aimes: Remarks about the appraisors.
Mr. Logan moved that the Assembly move to an executive
session with the personnel board. Seconded by Mr.
Williams. Motion passed by unanimous roll call vote.
XIV ADJOURNMENT
Meeting adjourned by Mayor Wallin at 10:05 P.M.
ATTEST:
Soroug