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03/12/19791 1 ? n 7 KODIAK ISLAND 30ROUGH SPECIAL HEETI:SG -- 'ARCH 12, 1979 (A Verbatim Record is ai File in the Clerk's Office) I CALL TO ORDER The meeting was called to order by 'eputy ,'.Zyor Arnold !! nsen at 5:35 P.M. in the School District Conference ?oom. II ROLL CALL Present Hz'. ?Ji lliam Fears Mr. Arnold Hansen Mr. Edward Jack Mr. Jan Ogg Mr. James Peotter A quorum was established. III ITEMS OF BUSINESS bsent Dr. -i-ichael Emmick (excused) ''rs. Sandra Kavanaugh (excused) Mrs. Betty J. rallin (excused) 1. Royal Large Issue. Mr. Peotter read correspondence dated ?:arch 6, 1979. Mr. Jack moved for an executive session. Seconded by Hz'. , Fearn. Motion carried_ by majority vote ;r. Fearn, Mr. Jack and Hr. Peotter voted YES with '.tr. Hansen and Mr. Ogg casting NO votes. Mr. Ogg moved for reconsideration. Mr. Hansen seconded___;jr, Hansen, Mr, Jack, Hr. O7g and Mr. Fsotter voted YES with Mr. Learn_oaatiag .at iLQ.CQtes. Motion carried 4 -1. Main motion (whether qr n4tLto have an executive . session) carried 4- 11.2r_ Fearn, Mr. Hansen.__Mr. Jack And Mr. Ogg voted YES with !'r_ Peotter casting_o e '40 vote. An executive session was called at .5:45 P.M. Meeting reconvened at 6:30 P.H. The clerk explained that Hr. Sharon had talked with Mr. Hancock, attorney for Mr. Large, on the offer. If the offer is not accepted, the borough would normally have to post bond by March 16th but Ur. Hancock had waived that date and would give time until April 6th for posting bond. There are three alter- natives: 1) reject the offer as it stands, 2) accept as it stands, and 3) reject and renegotiate the purchase price. Mr. Peotter felt that the borough has a possible ground for appeal. Proposed borough grant sale at this time but continue negotiations and proceed with appeal. Mr. O7g felt the borough would not get another offer if this was not accepted. Main motion as deferred from March.Bth meeting, failed 3-2; Mr. Hansen, Mr. Jack_and_rr. _Oag voted YES with_ Mr., Fears and Mr. Peotter casting; votes. Mr. Peotter moved to direct tfg attothgy to_appeal and continue negotiations .with Mr. Large. Seconded by Mr. Fearn. :rr. Jack pointed out that if the borough does not appeal, the ]and will automatically revert to Mr. Large. He preferred to sell at $35,000 but not at $10,550. Motion failed 3_2 Mr, Fears, 'r. Jack and_ Mr_Peotter voted XIS with Hr. Hansen and Fr. 0f casting - (0 votes. fir. Peotter moved that another special meeting be held to c insider appeal when more members are present _prior to.Anril__6th. Secondsd byj!r. "gun. Motion failed_3 - Mr.. Fears, Mr,_Jaggs and Hr. Peotter v_pted.. U.S. with _Hz' ,_-N_an$S,D_ and "! ,_Ogg_ cassl ng NO votes. Mr. Jack moved to continue negotiations_ while we considerSe,pgseibjlLty_ of appeal andhold &Special meeting prior to April 6th m M _Se•,..gaded bX Mr, Peotter. Mr. Ogg moved to amend to deleete_'appeal1 from the motion. $gpgaded bvb� Mr_Fee . _4mendMent crjd_ ; ? Fpare,_ Mr. Hansen. Mr. Jack and Mr. Ogg votes /ZS with Mr. Peotter' casting one NO vote. It was pointed out that the appraised value of this land is A5,000 and the offer is S35,000. :fain motion failed 3 -2; Mr. Fears, Mr. Jack and Mr. Peotter voted YES with Mr. Hansen end Hr. Ogg casting 40 votes__ 'r5.. Peotter moved to reconsider the nff of $35,000. Seconded. Jack,_..Hotion carried 4 -11 Mr. Fearn. 'dr. Hensel - 1S Jack and Nr Opg__voted J'1 ? 1 1 7 2 .. KIB ASSEMBLY SPECIAL MEETPIG -MARCH 12, 1979 PAGE 2 YES with Mr. Peotter casting ate_!O vote. Mr. Peotter moved to amend the consideration of 535,000 with the stipulation that a d ' m ha deg led unt March . 33111._ Sesgndt.d _ by :Ir. Fearn. i.otdon fai.l_ed 3 -2 L Mr. Fearn_r. Jack_._and Mr. _Peotter cast YES yates with Mr. '?ansen and '!r. Ogg voting t'r. Jack moved to defgg entirely acceptance for two weeks. Seconded by 11r. Peotter. 'lotion failed 3 -21 ?!r. Fearn, Mr. Jack and Mr. Peotter voted YES with 'Ir. Hansen_and Mr. _0pg casting HO votes. Reconsideration failed 3-2: Yr._Hansen Mr. Ogg and iir. Peotter _voted YES with Mr. Fearn and Ir. Jack casting .!0 votes. Mr. Jack moved for reconsideration and enter m the minutes. Seconded byjir, Fears. At 7:30 P.M. Mr. Peotter was excused to attend another meeting. 2. Tony Perez Issue. 'ir. Jack gave a back ground m the issue. He explained that some action must be taken prior to a given date (approximately March 19th) or litigatim would go into affect. Mr. Perez agreed to erect an eight -foot fence across the front of his property and have it painted by July 1, 1979. Mr_ Jack moved that _provided Mr. Perez can show plans and give assurance a Pet a time_frame_that._the bgrohgh drop litigation against Mr. Perez. Seconded by_Mr. Ogg. Mr. Perez displayed a sketch of the proposed fence. Motion carried by unanimous roll call vote. IV ADJOURNMENT 3 :.TTEST: The meeting was adjourned by Deputy Mayor Hansen at 7:40 P.M. Clerk - Treasurer i .. poly Boro M or