Loading...
05/05/19831 2 1 KODIAK ISLAND BOROUGH ASSEMBLY MEETING - MAY 5, 1983 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER Mayor Herrnsteen called the meeting to order at 6:44 p.m. in the Borough Assembly Chambers. II ROLL CALL Absent Present Mayor - gerrnsteen Mr. Anderson Mr. Arndt Mrs. Cater Mr. Murray Mr. Peotter Mr. Wakefield Mr. White A quorum was established. III ACCEPTANCE OF AGENDA Mr. Shealy requested the addition of five items under IX MANAGER'S REPORT B. Other Business: 1. Res. 83 -54 -R re: "Little Davis -Bacon Act" 2. Amendment to Locker Room Remodel & Boiler Replacement 3. Amendment to A & E contract on the Parks Design Contract 4. Amendment to A & E contract on the Akhiok Bulk Fuel Feasibility Study 5. Request authorization for A & E contract at the hospital. I would like to also request moving three hospital items under COMMUNICATIONS & APPEARANCES.(Items VI D, IX B 5 and X P) Mayo or Herrns had & APPEARANCES. Mr. Item X R. Res. No. 83 -51 -R Mr. Peotter requested an Executive Session, for the purpose of evaluation of the Manager and Clerk, be added to the agenda just before adjournment. - The agenda was accepted with the additions and changes. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - A pril 7, 19 8 3 83 B. Assembly - Spec. Mr. Peotter moved to accept items A. Assembly - Reg. - April 7, 1983 and B. Assembly - Special - April 21, 1983. Seconded by '"r. White. Mr. Murray noted a correction on page 6 the date of the Hosp'tal Financial Report should be Januar 1983. Mayor Herrnsteen noted the word Hostel was misspelled on page 7. The minutes were accepted with the corrections. V MINUTES OF OTHER MEETINGS ' A. Monashka Bay Road Service - April 4, 1983 8. Architectural Review Board - April 5, 1983 C. Health Resources Advisory Council - April 7, 1983 D. Personnel Advisory Board - April 11, 1983 E. Parks & Recreation Co2mittee3 April 11, 1983 F. P & Z - Reg. p i G. Service District No. 1 - April 19, 1983 Mr. Peotter moved to acknowledge receipt of Items A throu - ,r other meetings. Seconded by Mr. White. Motion carried s't^ objection. VI 1 COFU1UNICA1_ 1S & APPEARANCES rage A. Boards & Commissions B. Mental Health Vacancy Mayor Herrnsteen appointed Pastor Doty to fill the unexpired term ending Nov. 1, 1984 on the Mental Health Board. Mr. Peotter moved to ratify the appointment of Dr. John H. Doty. Seconded by Mr. Wakefield. Motion carried with no objection. C. OCS Vacancy Mayor Herrnsteen appointed Robert Burgy to fill the unexpired term ending March 1, 1985. Mr. Wakefield moved to ratify the appointment of Mr. Robert Burgy. Seconded by Mrs. Cater. Motion carried with no objection. D. Kodiak Island Hospital re: New Construction Option (2 letters) (IXB5)Mr. Murray moved to authorize the management of the hospital to submit a letter of intent to the State and to the Central Health Planning agency for the purposes of construction of a new hospital. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. Mr. Murray moved to authorize the management to enter into an A & E Contract for the items denoted as hospital deficiencies in an amount not to exceed $10,000. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. Deficiency List: 1. Changing of the location of a shower room, the establish- ment of a "dirty" and "clean" utility room and the estab- lishment of a storage room in the hospital. 2. Replacement of two areas of carpeting with tile and the replacement of one area of carpeting with new carpet. 3. Accomplish the decision of how to protect the present plasterboard walls from the damage incurred from the wheel- chair use in the ICF. 4. The enclosure of what an anti -way in the cafeteria to match an adjoining closet. (X P)Res. No. 83 -49 -R Authorizing Execution Of An Operating Agree- ment Between The KIB And Lutheran Hospitals And Homes Society Of America. Mr. Murray moved to adopt Resolution No. 83 -49 -R. Seconded by Mr. . Wakefield. Motion carried by unanimous voice vote. E. Brechan re: Lease Amendment on B -3, Bells Flats Mr. Murray moved to acknowledge receipt of the letter from Brechans concerning the withdrawal of the agreement for the tempo- rary camp. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. F. Larsen Bay School re: Appreciation for Playground Equipment Mr. Peotter moved to acknowledge receipt of Ms. Crumley's and the students' letters. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. G. Letter from Dale Tubbs re: Bells Flats patent No action taken. H. Letter from Kodiak Hostel Inn, Inc. re: Property Mr. Wakefield moved to acknowledge receipt. Seconded by Mr. Anderson. Motion carried with no objection. (X R)Res. No. 83 -51 -R To Effect Certain Budget Changes In State Of Alaska Pass Through Monies. Mr. Wakefield moved to adopt Resolution No. 83 -51 -R. Seconded by rcib Ntnbur miu. - May 7, iibj Page s � 99 Mr. Peottei 1 1 9 n Mrs. Cater moved to amend the $6,000 under Amendment to $26,000. Seconded by Mr. Wakefield. Mr. Murray moved to amend the amendment by reducing the Baptist Mission under Amendment from $60,000 to $10,000. Amendment to the amendment failed 2 -5 with Mrs. Cater and Mr. Murray casting the YES votes. The amendment carried 5 -2 with Mr. Arndt and Mr. Murray casting the NO votes. The main motion as amended carried by unanimous roll call vote on Resolution No. 83 -51 -R. * ** BOARD OF ADJUSTMENT A. Jerry Martini - Sign Mayor Herrnsteen recessed the regular meeting and reconvened as a Board of Adjustment. Mr. Martini: (appellant) I am requesting a variance on section 17.60.030(G) to permit the installation of a home occupation sign on a tree located on Lot 3, Block 1, Woodland Acres subdivision. I am asking for an appeal on the negative decision made by the PBZ. I took a drive out to Bells Flats today and I noticed three signs located along the road advertising new businesses. I don't know why they are allowed. Mr. Tim Hill: (P 8 Z Comm.) The intent is that we are not really in favor of "bill- boarding ". Also, a variance is not to be granted for financial relief. Mr. White asked to abstain from voting because of a conflict of interest. Mr. Peotter moved to grant the variance to Mr. Martini to place the sign on Mrs. Nachtweih's property, Lot 3 Block 1 Woodland Acres, until such time as Mrs. Nachtweih is no longer the owner of the property. Seconded by Mr. Wakefield. Mr. Murray moved to amend the motion to reflect that the size be no more than four square feet. Seconded by Mr. Anderson. Amendment carried by unanimous roll call vote. (Mr. White abstained.) /lain motion as amended failed by unanimous roll call vote. (Mr. White abstained.) Mr. Peotter gave the following findings of fact: 1. It is not in compliance, it is not on the home of the business. 2. It is not even on the property of the home occupation. Mayor Herrnsteen adjourned the Board of Adjustment and reconvened as the regular Borough Assembly. Mr. Murray moved to suspend rules and to take up Item X. under NEW BUSINESS. Seconded by Mr. Arndt. Motion carried with no objection. (X. X.) Award of Radio Bid (Bayside Fire Dept.) Mr. Peotter moved to award the radio contract for the Bayside Fire Dept. in the amount of $19,916.75 to AKSALA Electronics. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. VII PUBLIC HEARINGS A. Ord. No. 83 -26 -0 Authorizing $7,400,000 Principal Amount Of G.O. Variable Rate Demand Bonds, Series A, Of Kodiak Island Borough. Mr. Peotter moved to adopt Ordinance No. 83 -26 -0 Authorizing $7,400,000 Principal Amount Of The Kodiak Island Borough Assembly General Obligation Variable Rate Demand Bonds, Series A, Of Kodiak KIB ASSEMBLY MTG. - May 5, 1983 Page 4 an Isla Boren- gh, And The Execution Of Credit Agreement And A Sales Agency Agreement With Respect To The Bonds, Rescinding Ord. No. 83 -4 -0 Adopted February 3, 1983. Seconded by Mr. Arndt. Regular Session closed: Public Hearing opened: Jim Olson: I would like to express the appreciation of the School Board and District for the immense amount of work and planning yo have done to bring this Junior High project to reality. time. urge 9 u your passage of this bond ordinance at the appropriate I John Witteveen: As part of the School District administration, I would also urge your support of this ordinance. Lorna Arndt: I was wondering if you were getting and guaranteed your 90% funding from the State for the schools? The Kenai Borough has a lawsuit against the State and I would like to see our Borough join them in their suit. Public Hearing closed: Regular Session opened: Mr. Arndt moved to table until the Special Meeting on May 12, 1983. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. B Properties Occupied BydSeniorrCitizens As Tenants. For Mr. Peotter moved to adopt Ordinance No. 83 -27 -0. Seconded by Mrs. Cater. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion failed 2 -5 with Mrs. Cater and Mr. Murray casting the YES votes on Ordinance No. 83 -27 -0. C. Ord. No. 83 -29 -0 To Effect Transfers Between Funds To Provide For Remodeling Of The Borough Building. Mr. Anderson moved to adopt Ordinance No. 83 -29 -0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote on Ordinance No. 83 -29 -0. D. Ord. No. 83 -31 -0 Rezoning Certain Lands In The Russian Creek AK Subd. From C- Conservation To RR1 -Rural Residential. Mr. White moved to adopt Ordinance No. 83 -31 -0. Seconded by Mr. Anderson. Regular Session closed: Public Hearing opened: John Bealy: As a resident of the area, I recommend that it not be esid recuued to mural ential_ �.. .___ - -- -- Public Hearing closed: Regular Session opened: Mayor Herrnsteen read a letter from Dave Blair stating he is for rezoning to rural residential. Motion carried by unanimous voice vote on Ordinance No. 83 -31 -0. E. Ord. 83-32-0 R3- Multiple Residential To Business. Mr. Murray moved to adopt Res. No. 83 -32 -0. Seconded by Mr. Page 5 KIB ASSEMBLY MTG. - May 5, 1983 n Wakefield'' Regular Session closed: opened: Public Hearing president of Inc, and Father Kreta, Russian Orthodox Mayor Herrnsterp read statements from Al Parris Sheffield Enterprises, Church voicing non-objection to the rezoning• urges the Mel Stephens:(on behalf of Robert Hunt) He obviously rezonnin9 Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote on Ordinance No. 83 -32 -0 . VIII OLD BUSINESS Map Properties ShotnersPuervice /Recreation A. Ord. The ficial0 Rezoning M On the Official Zoning Parcels Of Land. (Tabled) Mr. Wakefield moved to remove u fro romm e table voSeconded by Mr. Anderson. Motion carried by (Mr. Wakefield moved yto adopttOrdinance No. 83 -30 -0 in the first reading. Motion carried by unanimous voice vote to adopt Ordinance No. 83 -30 -0 in the first reading. IX MANAGER'S REPORT A. May Sessions the Borough 1. Thursday, May 12, 1983 at 7:30 Special Meetin9C in tntthetore Conference Room to award the Jr. High adopt Ord. No. 83 -26 - 2. Thursday, May 12, 1983 at 8:00 in the Dave Thompson. Borough Conference Room to M a yk 13, 1983bat97:30 atttheeVFWSClub. 4. Monday, School 3. Friday, May 16, 1983 at 1:00 for the Main Elementary dedication. 17, 1983 at 9:00 at airport for trip to Old 5, Tuesday, and May Harbor Bay. 6. Thursday sday, , May ay 1 19, , 199 1983 at 7:30 in the Borough Conference Room to work o2 at Bayside Fire Station. 8 7. Thursday, May May 26, 1983 at 7:30 in the Borough Conference Room to work on the budget & review the June packet. B. Other Business 1. Res. No. 8Pr Supporting Senate Bill 172 And Housed Bill 318 The 378 And nd A Portion n Of House Bill 304, All Pertaining "Little Davis -Bacon Act ". Mr. Wakefield moved to adopt Resolution No. 83 -54 -R. Seconded by vote. Mr. Arndt. Motion carried 6 -1 with Mrs. Cater casting the NO vb 2. Amendment to Locker Room Remodel & Boiler Replacement Contract. Mr. Peotter moved to authorize the management to amend the contract with J.H. Kelly, Inc to increase the amount to $630,967. Seconded by Mr. Arndt. Motion carried 6 -1 with Mr. Wakefield casting the NO vote. 3. Amendment to A & E contract on the Parks Design. • Mr. Peotter A & E Design contract for Ellerbe from the Mr. Arndt. Motion carried by unanimous voice vote. present level of $12,400 to a cost not to exceed $28,5 Seconded by 4 nmandment to A & E contract on the Akhiok Bulk Fuel SIB AacmoL1 It u - tidy 3, £ u 2 0 '1 1 F cy S Mr. Peotter moved to authorize the amendment to the Ellerbe contract from $12,240 to a total cast not to exceed $14,500. Seconded by Mr. Arndt. Motion carried 6 -1 with Mr. Anderson casting the NO vote. X NEW BUSINESS A. Package Store License - Russian River Services Mr. Anderson moved to voice non - objection to the license. Seconded by Mr. Arndt. Motion carried 6 -1 with Mr. White casting the NO vote. Amending The Class Title, Job Description And Personnel Rules And Regulations. Manager)(1st Rdg.) to adopt Ordinance No. 83 -33 -0 in the first reading. Seconded by Mr. Anderson. Mr. Arndt moved to amend the pay range from 22 to 22.5. Seconded by Mrs. Cater. Motion failed 3 -4 with Mr. Anderson, gr. Arndt and Mrs. Cater casting the YES votes. Motion carried by unanimous voice vote. C. Ord. No. 83 -34 -0 Amending The Personnel Rules And Regulations Pertaining To Compensatory Time. (1st Rdg.) Mr. White moved to adopt Ordinance No. 83 -34 -0 in the first reading. Seconded by Mr. Arndt. Mr. Anderson moved to amend by deleting Section 3 paragraph (e) in its entirety. Seconded by Mr. Wakefield. Amendment failed 2 -5 with Mr. Anderson and Mr. Murray casting the YES votes. Motion carried 6 -1 with Mr. Murray casting the NO vote. D Borough Personnel Rules n And hRegulations. (1st�Rdg.) Of The Mr. White moved to adopt Ordinance No. 83 -35 -0 in the first Anderson, Mr. Mr. Peotter. Motion carried Mr. Murray casting theNO Mr. votes. E. Ord. No. 83 -36 -0 Levying Taxes On All Taxable Real And Personal Property Within The Borough For Expenditures And Liabilities Of The Borough For Fiscal Year 83 -84. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 83 -36 -0 in the first reading. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. F. Ord. No. 83 -37 -0 Amending Certain Penalty Provisions Of The Kodiak Island Borough Code. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 83 -37 -0 in the first reading. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. 0. Ord. No. 83 -38 -0 Enacting Chapter�9.20O The ea.Kodiak Island Borough Code Entitled P _ Officers. (ft Mr. Peotter moved to adopt Ordinance No. 83 -38 -0 in the first reading. Seconded by Wakefield. Motion carried by unanimous voice vote. H. Ord No 83 -39 -0 Amending Chapter 17.21 Of Borough Code On B. Ord. No. 83 -33 -0 Pay Range Of The (Data Processing Mr. Wakefield moved Page 6 Business Districts. (1st Rdg. Mr. Peotter S econded by moved to adopt . Arndt. Motion 83-39-0 ailed 3-4 with Mrs. reading. S Cater, Mr. Peotter and Mr. White casting the YES votes. I. Ord. No. 83 -40 -0 Revising Chapter 17.66 Of The Borough Code u MJJLVIou riiu. - m ..w ra / 1 1 1 7 1 1 'Excel—Ions, c n Variances And Appeals. (1_. Rdg.) Mr. Peotter moved to adopt Ordinance No. 83 -40 -0 in the first reading. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. J. Ord. No. 83 -41 -0 Amending The Appropriation Ordinance Of Fiscal Year 1983 For Fire Service District. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 83 -41 -0 in the first reading. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. K. Ord. No. 83 -42 -0 Amending Ch. 17.03 Of The Borough Code On General Provisions And Use Regulations. (1st Rdg.) Mr. Wakefield moved to adopt Ordinance No. 83 -42 -0 in the first reading. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. L. Ord. No. 83 -43 -0 Rezoning Lot 2, Block 1, USS 3066 AB From B- Business To R2 -Two Family Residential. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 83 -43 -0 in the first reading. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. M. Ord. No. 83 -44 -0 Rezoning A Portion Of Lot 30, Block 1, Kodiak Townsite From R3- Multiple Family Residential To B- Business. (1st Rdg.) Mr. Wakefield moved to adopt Ordinance No. 83 -44 -0 in the first reading. Seconded by Mr. Anderson. Motion carried by unanimous roll call vote. N. Ord. No. 83 -45 -0 Amending Section 16.12.020(F) Of The Borough Code On Preliminary Plat Procedure. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 83 -45 -0 in the first reading. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. 0. Res. No. 83 -47 -R Authorizing Participation In The State Day Care Assistance Program Pursuant To A.S. 44.47.250 -310. Mr. Anderson moved to adopt Resolution No. 83 -47 -R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Q. Res. No. 83 -50 -R Authorizing Acquisition Of Easements For Service District No. 1 Project 82 -2. Mr. White moved to adopt Resolution No. 83 -50 -R. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. S. Res. No. 83 -52 -R Urging Full And Consistent Funding Of The School Construction Debt By The State Of Alaska. Mr. Peotter moved to adopt Resolution No. 83 -52 -R. Seconded by Mr. Anderson. Mr. Peotter moved to amend in the fifth WHEREAS paragraph by deleting utilizing most of its and ca acit in the last line. Seconded by Mr. Wakefield. Amendment�ed 6 -1 with Mr. Arndt casting the NO vote. Mr. White moved to amend the title of the Resolution by deleting the words FULL AND in the first line. Seconded by Mr. Murray. Amendment carried 6 -1 with Mr. Wakefield casting the NO vote. Motion carried by unanimous voice vote on Resolution No. 83 -52 -R as amended. T. Res. No. 83 -53 -R Authorizing Execution Of Contract Amendment No. 3 With URS Co. For Engineering Services For Water And Sewer Improvements For Service District No. 1 Within USS 1822, USS 2843, USS 3099 And USS 3233 Between The Westerly End Of Mission Lake And Jackson Lane. Page 8 May. 6, 1983 R. Seconded by Mr. y O. 83 KIB ASSEMBLY MTG.o t Resoluti voice vote. 1 7 1 1 ? �ve � ° a P unanimo Mr. rrnd Motion carried by Disposal Anderson. Bleacher f $25 High G Floor and High Gym Bleacher b�Seconded U. Junior Hi9 Ju niori9 to GinnY moved to award the loor at $517 , voice vote. by r. White. and the Gym, unanimo to MnnY Motion carr ed by A by Mr, White. Status Report pril 1983 V. Facility Coordinator's a r• Seconded by Mr. to ac knowledg eceipt ec Se Motion carried with no objection. Mr. Peotter moved gist Maintenance Contract Wakefield. Road Service the Staff be Monashka Bay prop and Road Service Dist. W. Award Of reject both Monashka Ban Motion failed 2 -5 to Mr. Peotter movadvertise for the Mrs. Cater. votes. Contract. Seconded by Road directed to re Wakefield casting the Maintenanc and Mr. Monashka Bay with Mrs. the contract for conded by Mr. Peotter. award NO vote. Mr. Murray moved to Construction. Seconded the Service t° North with Mrs. Motion carried B'I April 1983 the Kodiak Island of Report - Anderson. Y, KIB Financial Rep knowledge rece by Mr. to acknowledge 1983. Mr. WaheFinancialeReport bjection. Borough with no - March 1983 Motion carried Expenditu Z KIBSO Report of Revenue and Seconded by Mr. moved to acknowledge receipt objection Motion carried with no Mr. Anderson m°. 1983 Wakefield. ort - Feb. aa. Hospital Financial Rep a receipt. Seconded by Mr. to acknow a gno objection. M Application for Parks. Wakefield Anderson moved carried w ^ moved Grant APP to Submit a proceed with the gran- bb. Request Authoriza Ms. Freed t° p oce Seconded by Mr to authoriz is for $83, Mr. Peotter moved Option application as P Park be the only park Wakefield. amen that Mill Bay for 50% whichw is M' to ame that the request be car ried 5 -2 Mr. Arndt. moved Seconded ded and Amendmen included at $89, Mr. Murray. NO votes. $44.750• Seconded by vote. Peotter and Mr. White casting the voce Motion as amended carried by unanimous COMMENTS declaring Na �g83a1 Nu X1 MAYOR'S proclamation - cla 8"1n home issue a P ital Week n I, I would like a some National fic in ou r ordinance Would 1 i Home Week and difficult areas and really app' some rural residential 2, I feel we have if the ordinance is occupation signs w i and see Mulcahy and also t Staff to review with Senator n;no the suit discussions about joi as written. Thompson 3, I had further Mayor Stan Kenai Borough Kenai Borough. ' XII ASSEMBLY COMMEN that I wou None proposed Ordinan ending The Mr. Pt roduc I put together a P N 83 r , uurra tonight. Ordinance Award. to introduce To Longevity the first r Rules Pertaining No. 83-46-0 ith Mrs. Cater t Mr. Murray mMrdAnde son. OM Motion carried Seconded o ay ..a= 1 0 1 1 7 1 7 1 4 I think in L.,njunction with your concern over he sign question Mr. Martini did raise some valid questions that relate to other signs, some of which are on the Borough properties. I would recommend that Staff, if they are out of compliance, instruct who ever is responsible. I would suggest that we contact our representatives and represent our position on Senate Bill #154 Public Employee Relations Act. Mr. Arndt: None. Mr. White: We have a letter from the Dept. of the Interior's Refuge Manager in our packet about a meeting in Kodiak May 17, 1983 and I hope Linda Freed can attend. This is really important be- cause the local public can have some input into the way they want the refuge run. Generally it has been a national policy. I also think the Youth Hostel idea is a good one, particularly since it is a private group handling it. Mrs. Cater: I will not be in town for the Special Assembly meeting on the 12th. Mr. Wakefield: I will not be able to make the trip to the villages on the 17th. (Changed to the 24th with consent of other members.) Mr. Anderson: I talked to a couple of local attorneys and they basically came up with the same answer of about $60,000 a year for an in -house attorney and thought we should have one. Mr. Wakefield moved to continue past 11:00 pm. Seconded by Mrs. Cater. Motion carried with no objection. XIII AUDIENCE COMMENTS Bob Burgy: (Carpenter's Local) I have all the statistics to show that the wage scales have never kept up with inflation. Gutting the Davis -Bacon Act is not the way to go, I think you should ask for a freeze on wages when wages are up for negotiation again. It will affect the quality of workmanship. Dan Moen: (local carpenter) I agree with Mr. Burgy. I think this is a bad move by the assembly in adopting any resolution supporting the deletion of the Davis -Bacon Act. Dave Chatfield: I would like to speak to you about the upcoming land auction. You have raised the minimum down payment to where the majority of us can't afford it. You have shortened the time allowed to pay for it so that the payments will be much higher and this literaly disenfranchises the majority of the people in this community. Mr. Arndt moved to adjourn because of the time. Seconded by Mr. White. Motion failed 2 -5 with Mr. Arndt and Mr. White casting the YES votes. Mrs. Cater moved to recess into Executive Session to discuss personnel. Secdhded by Mr. Peotter. Motion carried 5 -2 with Mr. Arndt and Mr. White casting the NO votes. The Assembly recessed into Executive Session at 11:44 pm and out at 12:58 am. Mr. Arndt reported that the Assembly evaluated the clerk and manager. There was a two year contract negotiated with the manager and also discussion of trying to negotiate a contract with the clerk. XIV ADJOURNMENT ATTEST: Mayor Herrnsteen adjourned the meeting at 1:00 am.