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Assembly Meeting Minutes
June 6, 2005

  1. Call to Order: The regular Assembly Meeting of June 6, 2005 was called to order at 7:38 p.m. by Mayor Michael Swain, Sr. The meeting was held in the Assembly Chambers of the Borough Building, Naknek, Alaska.

  2. Roll Call: Present: Assembly Members Shelby Boothe, Eddie Clark, Russell Phelps, Mel Coghill, Jr. and Carvel Zimin, Jr. No one was absent.

    Also present: Mayor Michael Swain, Sr., Borough Clerk Betty Bonin and Borough Manager Fred Pike.

  3. Approval of Agenda: SHELBY BOOTHE MADE A MOTION TO APPROVE THE AGENDA AS PRESENTED. CARVEL ZIMIN, JR. SECONDED THE MOTION AND IT PASSED UNANIMOUSLY.

  4. Approval of April 27, 2005 Special Assembly Meeting Minutes, South Naknek and May 2, 2005 Regular Assembly Meeting Minutes: CARVEL ZIMIN, JR. MADE A MOTION TO APPROVE BOTH SETS OF MINUTES AS SUBMITTED. RUSSELL PHELPS SECONDED THE MOTION AND IT PASSED UNANIMOUSLY.

  5. Appearance Requests:

    1. Izetta Chambers, Re: Pebble Mine: Mayor Swain stated Mrs. Chambers was unable to attend tonight due to an illness.

  6. Communications:

    1. Letter from Nola Cedergreen, Alaska Housing Finance Corporation to Mayor Michael S. Swain, Sr., Re: Various Lots in King Salmon Subdivision

    2. Letter to Alaska Congressional Delegation Re: Resolutions 2005-04 Support of Onshore Oil and Gas and 2005-10 Support Monitoring Remediation King Salmon Air Air Station

    3. Letter to Alaska Works Partnership, Inc. from Fred W. Pike, Manager Re: Thank you for Taping and Texture Class with SAVEC for work done on Borough's future Animal Control facility

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      JUNE 6, 2005

    4. Online from Fairbanks News Miner - Stevens Works Extra Funds into Highway Bill

    5. Email from J.M. Walsh & Co. - Senate Energy Bill to Greatly Help Alaska Develop its Natural Resources, say Senators Murkowski & Stevens

    6. Email from J.C. Walsh & Co. - Alaska Senators Named to Highway reauthorization Conference

    7. Letter to the Assembly from Larry Scott and Trevor Townsend - Thanks for the Opportunity to fundraise for the Basketball Team to attend Gonzaga Basketball Camp

      8. Mayor Swain also read a letter he received from Senator Ted Stevens re: the Moratorium of offshore drilling in the Bristol Bay region. The moratorium remains in place until 2012. No other comments were made regarding other communications.

  7. Old Business:

    1. Assembly Convenes as Board of Equalization: Mayor Swain stated since we Only had 3 members at the last Board of Equalization and 2 members were shareholders for Paug-Vik, these appeals were postponed until this meeting. The Assembly will now reconvene as the Board of Equalization to hear Paug-Vik's real property appeals. Mel Coghill, Jr. and Eddie Clark stated they are shareholders and will not be voting.

      Arne Erickson, representing Appraisal Company of Alaska was present and stated there were 13 appeals in total. Mayor Swain read off the tax lot numbers with the assessed value and what Paug-Vik was wanting to reduce:

      19-191-200 land assessed at $225,000; Paug-Vik requested a reduction to $100,000 - This was known as West Housing on the land only. Arne Erickson recommended no change as the usable land has been properly assessed. CARVEL ZIMIN, JR. MADE A MOTION TO DENY PAUG-VIK'S APPEAL SINCE THE ASSESSMENT WAS FAIR, JUST, EQUITABLE AND NON-DISCRIMINATORY. RUSSELL PHELPS SECONDED THE MOTION AND IT PASSED UNANIMOUSLY WITH MEL COGHILL, JR. AND EDDIE CLARK ABSTAINING.

      Mayor Swain read off the next set of tax lots that Paug-Vik is appealing. These lots are located by Pike Lake:

      18-117-811 land assessed at $15,000; Paug-Vik requested a reduction to $10,000
      18-117-812 lane assessed at $15,000; Paug-Vik requested a reduction to $13,000
      18-117-813 land assessed at $15,000; Paug-Vik requested a reduction to $13,000
      18-117-814 land assessed at $15,000; Paug-Vik requested a reduction to $13,000
      18-117-815 land assessed at $15,000; Paug-Vik requested a reduction to $13,000

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      JUNE 6, 2005

      Arne Erickson stated these lots have been for sale at the Paug-Vik office but he hasn't seen them advertised else where. He suggested a wider advertising area and posting the property with "for sale signs". He has not seen any local advertising signs. He recommended no change on the above properties. These properties have good road access and electrical power readily available to them.

      CARVEL ZIMIN, JR. MADE A MOTION TO DENY THE TAX APPEALS ON TAX LOTS 18-117-811 THROUGH 18-117-815 SINCE THE ASSESSMENTS WERE FAIR, JUST, EQUITABLE AND NON-DISCRIMINATORY. SHELBY BOOTHE SECONDED THE MOTION AND IT PASSED UNANIMOUSLY.

      Mayor Swain read off the next set of tax lots being appealed by Paug-Vik located in the Paug-Vik subdivision:

      12-126-821 land assessed at $6,000; Paug-Vik requested a reduction to $5,000
      12-126-822 land assessed at $6,000; Paug-Vik requested a reduction to $5,000
      12-126-823 land assessed at $7,900; Paug-Vik requested a reduction to $5,000
      12-126-824 land assessed at $10,400; Paug-Vik requested a reduction to $5,000
      12-126-825 land assessed at $10,400; Paug-Vik requested a reduction to $5,000
      12-126-833 land assessed at $7,900; Paug-Vik requested a reduction to $5,000
      12-126-835 land assessed at $10,400; Paug-Vik requested a reduction to $4,000

      Arne Erickson stated these lots are off of Seversen Street, next to Hazenberg's and Alfa at Leader Creek. Those are wet areas but the previous reductions have decreased those values in half. Arne recommended no change.

      CARVEL ZIMIN, JR. MADE A MOTION TO DENY THE APPEALS ON TAX LOTS 12-126-821 THROUGH 12-126-835 SINCE THE ASSESSMENTS WERE FAIR, JUST, EQUITABLE AND NON-DISCRIMINATORY. SHEBLY BOOTHE SECONDED THE MOTION AND IT PASSED UNANIMOUSLY.

      Mayor Swain stated the Board of Equalization will now reconvene at the Assembly and continue with the agenda.

    2. Surplus Items: Betty Bonin stated she received one bid from Duane Durand. She opened the bid and Mayor Swain read the results: $100 for Item 1: 1968 Jeep, Style AM, Red, Serial Number 13142, License XXK562 and $25 for Item 2: 1968 Jeep Kaiser, Serial Number 31110. SHELBY BOOTHE MADE A MOTION TO ACCEPT THE BID FROM DUANE DURAND AS STATED. EDDIE CLARK SECONDED THE MOTION AND IT PASSED UNANIMOUSLY.

    3. Policy & Procedure Manual: SHELBY BOOTHE MADE A MOTION TO APPROVE THE POLICY & PROCEDURES MANUAL. MEL COGHILL, JR. SECONDED THE MOTION. There was light discussion. Shelby would like to have the organization chart changed. We no longer have a Finance Director and that should be treasurer and not sure about Administrative Assistant since that is going away also.

      Fred Pike stated everything listed was recommendations from the workshop except for 5.36 and 6.02 that he added and 11.01, 11.03 and 11.07 that he got from Anishia Elbie.

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      SHELBY BOOTHE MADE A MOTION TO AMEND PARAGRAPH 2.20A AND DELETE ALL VERBAGE AFTER "ANY ADMINISTRATIVE OFFICER". CARVEL ZIMIN, JR. SECONDED THE MOTION AND IT PASSED UNANIMOUSLY.

      There was a typo on 4.05(H) - that should be 4.06(H). Shelby Boothe stated he did not agree with that section and does not see a need for it. There was discussion about it. No changes were made.

      There was discussion about Section 5.36 that Fred Pike wanted to add. No action was taken.

      SHELBY BOOTHE MADE A MOTION TO AMEND 6.20 AND ADD:

      6.02 (B) CONTINUING EDUCATION: ADD IN LAST SENTENCE (ETC., PROVIDED BY THE BOROUGH) AND (C) HIGHER EDUCATION; (9) EMPLOYEES WILL REFUND THE COST OF OPTIONAL HIGHER EDUCATION REIMBURSED BY THE BOROUGH IF THEY RESIGN WITHIN ONE YEAR OF COMPLETION FO THE COURSE.

      MEL COGHILL, JR. SECONDED THE MOTION TO THE AMENDMENT AND IT PASSED UNANIMOUSLY.

      10.3(D) Abandonment of Position: add in first sentence after without: good cause or

      11.01 Personal Use of Telephones, Cell Phone/Radios: Delete all replace with: Employees are expected to limit personal phone and radio calls and to keep them as brief as possible. Excessive personal calls may result in disciplinary action.

      11.03 Workplace Monitoring: Delete last sentence and replace with: Reasonable effort will be made to guarantee that workplace monitoring is done in an ethical and respectful manner that is sensitive to the legitimate privacy rights of the employee.

      11.07 Internet Usage: Delete last sentence in paragraph 1 and replace with: The employee is expected to limit personal internet use. Excessive personal use of the internet may result in disciplinary action. 4th paragraph, first sentence add after or: intentionally. 6th paragraph, delete everything after: Employees may also be held personally liable for any violations of this policy.

      CARVEL ZIMIN, JR. MADE A MOTION TO AMEND THE POLICY AND PROCEDURE MANUAL AND ADD SECTIONS 11.01; 11.03 AND 11.07 AS SPELLED OUT ABOVE. MEL COGHILL, JR. SECONDED THE MOTION AND IT PASSED UNANIMOUSLY.

      VOTING ON THE POLICY & PRECEDURES MANAUAL AS AMENDED, NO OBJECTIONS, MOTION PASSED UNANIMOUSLY.

    4. ABC Board, King Salmon Lodge: Rick Jones, Attorney for King Salmon Lodge and Daelyne Ford was present. Rick Jones stated the bill for Lodge Liquor

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      JUNE 6, 2005

      Licenses is on the Governor's desk waiting to be signed. For their company it is too late this year to obtain a Lodge License. They are requesting a tourism license at this time. They do not intend to have a public bar and assured the Assembly they will not serve the general public, only their clients.

      Rick Jones stated that under Alaska Statutes, the Assembly may recommend acceptance of a license with restrictions. They are prepared to accept restrictions if the Assembly has any for them.

      Mayor Swain refers back to a resolutions adopted in 1987 and 1989 and the various factors that were taken into account. He continued to talk about past resolutions, population numbers back then and present, lodge licenses and tourism licenses.

      Carvel Zimin, Jr. thinks a new resolution is in order. Betty Bonin went to get the next resolution number. The next number would be 2005-11.

      CARVEL ZIMIN, JR. WOULD LIKE TO OFFER A SUBSTITUTE MOTION TO ADOPT RESOLUTION NO. 2005-11: A RESOLTUION CONCERNING A NEW LIQUOR LICENSE ISSUED IN THE BRISTOL BAY BOROUGH.

      WHEREAS, THE BRISTOL BAY BOROUGH APPROVED AND ADOPTED RESOLUTION NO. 87-14 AND

      WHEREAS, THE BRISTOL BAY BOROUGH DESIRE TO CREATE AN EXCEPTION TO RESOLTION 87-14.

      NOW THEREFORE BE IT RESOLVED THAT NOTWITHSTANDING RESOLUTION NO. 87-14 THE BOROUGH, UNTIL FURTHER RESOLUTION TO THE CONTRATARY DOES NOT OPPOSE THE ISSUANCE OF A TOURISM LICENSE. THIS LICENSE IS TO OPERATE WITH THE CONDITION THAT THE TOURISM LICENSE WILL NOT OPERATE AND SELL TO THE GENERAL PUBLIC RECOGNIZING THAT THE GENERAL PUBLIC IS SEPARATE FROM THE GUESTS AS PART OF A FISHING TOURISM PACKAGE. THIS WOULD BE A TEMPORARY ISSUANCE WITH A 2 YEAR SUNSET.

      MEL COGHILL, JR. SECONDED THE SUBSTITUTE MOTION AND IT PASSED UNANIMOUSLY.

    5. Letter to Northern Dynasty Mines: Carvel Zimin, Jr. stated this was exactly what he wanted to say in this letter. CARVEL ZIMIN, JR. MADE A MOTION TO INTRODUCE THIS LETTER DATED JUNE 6, 2005 TO NORTHERN DYNASTY MINES AND HAVE IT SIGNED BY MAYOR MIKE SWAIN. SHELBY BOOTHE SECONDED THE MOTION AND IT PASSED UNANIMOUSLY.

  8. New Business:

    1. Bristol Bay Borough Chamber of Commerce Proposal to Take over Fishtival: MEL COGHILL, JR. MOVED TO ACCEPT THE BRISTOL BAY CHAMBER OF

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      JUNE 6, 2005

      COMMERCE'S PROPOSAL TO TAKE OVER FISHTIVAL AND PROVIDE THEM WITH $12,000 "SEED MONEY". CARVEL ZIMIN, JR. SECONDED THE MOTION. Mayor Swain personally felt the Borough should get out of the Fishtival. Winterfest works just fine without the Borough. He cautioned the manager about handing the

      Chamber of Commerce $12,000 and after one year, they don't want to do it again. Manager Fred Pike stated he was already told to go for it at the last meeting and the Chamber of Commerce is agreeing to take it over period.

      Mayor Swain stated this Chamber of Commerce has lasted longer than the others. He paid for a "walking guide" three years ago, and hasn't seen it yet. This concerns him. He is concerned they may come back and say it was too much work and don't want to do it again. It should state in the agreement they would take it over for at least 4 years.

      CARVEL ZIMIN, JR. MADE AN AMENDMENT TO INSERT IN FRED'S LETTER AFTER "AND PROVIDES $12,000 OF SEED MONEY, WITH YOUR OFFER OF A COMMITMENT TO OPERATE ANNUALLY FOR FOUR YEARS AND RELIEFING THE BRISTOL BAY BOROUGH OF FISHTIVAL FROM THIS YEAR FORWARD AS INDICATED BY YOUR MAY 13, 2005 LETTER TO THE MANAGER" AND CONTINUE ON WITH THE LETTER. MEL COGHILL, JR. SECONDED THE AMENDMENT .

      Bill Hester stated he hated to be petty, but that Button Machine belongs to the Bristol Bay Borough Volunteer Fire Department. They bought it out of funds raised when we used to have a Firemen's Ball. Mayor Swain read from the letter: "when it talks about the button machine, it says ownership of the button machine, the Chamber agrees to allow the Borough and other entities as requested." The Chamber of Commerce agree to allow others to use the button machine. MOTION PASSED UNANIMOUSLY ON AMENDMENT.

      VOTING ON THE MOTION AS AMENDED, MOTION PASSED UNANIMOUSLY.

    2. DOT & PF - Naknek Bridge Project, Southwest Area Planner Allen Kemplen and Manager for Airport Master Plans, Mark Mayo: Allen Kemplen stated 3 million dollars has been earmarked for the Naknek Bridge by the Feds and the State is matching it with $3 million dollars, and it is moving forward. From 2005-2009 there will be impact studies being conducted by EPA. The game plan is 1-2 years with design; approximately 2 years for construction with windows for construction so we are looking at completion around 2014.

      Mr. Kemplen passed out copies of Naknek Crossing Intermodal Economic and Airport Use Study prepared for Alaska DOT & PF. They would like to open up discussion with the Borough regarding Naknek and South Naknek airports. There were various options in the book regarding Naknek and South Naknek airports. They will be holding a another public meeting here on June 9th regarding the Naknek Airport and encouraged everyone to come and meet with the Deputy Commissioner.

      ASSEMBLY MEETING UNOFFICIAL MINUTES    PAGE SEVEN
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      Mr. Kemplen stated that Cynthia Fergusen will be the Project manager on the bridge. She will be out to let the public know what is going on. By the end of the summer, she should know what is going on.

      There was a lengthy discussion about resurfacing South Naknek Airport, airport maintenance, airport powers, closure of airports and the various options in the book. Mayor Swain reiterated that the Borough does not have Airport Powers and the people would have to vote on it.

      Allen Kemplen stated the Mayor's comments he made previously are in the book and read them.

      Carvel Zimin, Jr. would like Allen Kemplen to thank the Governor and Commissioner for sending copies of this study out, he appreciates it.

      Mayor Swain thanked Allen Kemplen and Mark Mayo for attending tonight.

    3. Ordinance No. 2005-07 - Borough Manager, Section 2.20.020, Powers - Administrative Duties: CARVEL ZIMIN, JR. MADE A MOTION TO INTRODUCE ORDINANCE NO. 2005-07 AND TO SET FOR PUBLIC HEARING ON AUGUST 1, 2005. MEL COGHILL, JR. SECONDED THE MOTION AND IT PASSED UNANIMOUSLY.

    4. Lake/Rapids Camp - Speed Limit Signs: Mayor Swain asked Fred Pike what his recommendations were. Fred Pike stated between 35-45 miles per hour. From Air Force Road to Pike Ridge it should be 45 mph and from Pike Ridge to Lake Camp 35 mph.

      CARVEL ZIMIN, JR. MADE A MOTION TO SET THE SPEED LIMIT FROM AIR FORCE ROAD TO PIKE RIDGE AT 45 MPH AND FROM PIKE RIDGE TO LAKE CAMP AT 35 MPH. THE ROAD TO RAPIDS CAMP SHOULD ALSO BE 45 MPH WITH ADVISORY SIGNS ON THE CURVES. MEL COGHILL, JR. SECONDED THE MOTION AND IT PASSED UNANIMOUSLY.

      Fred Pike stated there was $26,000 remaining on the Lake Camp Road Project. He would like to do further brushing, select barrow lifts and some placque dedication to agencies involved. The Assembly gave the Manager authority to do so except for spending money on brushing since we have the equipment and can do that ourselves.

    5. Step Classification Chart (Positions Revised): Fred Pike stated each supervisor will have a copy of this new step classification chart for salaried and hourly employees. He has deleted some positions since we no longer have them and added and changed others.

      CARVEL ZIMIN, JR. MOVED TO ACCEPT AND ADOPT THE NEW STEP CLASSIFFICATION CHART AS PRESENTED. SHELBY BOOTHE SECONDED THE MOTION. There was a lengthy discussion about positions mainly at the Dock. Shelby Boothe felt there was a discrepancy about the Dock Foreman and Port Administrator and don't think it was done fairly. He also felt the Port Administrator

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      shouldn't make more than the Public Works Lead Person. There was also discussion about Dock maintenance and cargo handlers.

      CARVEL ZIMIN, JR. MADE A MOTION TO TABLE THIS MATTER UNTIL AUGUST 1, 2005 ASSEMBLY MEETING. SHELBY BOOTHE SECONDED THE MOTION AND IT PASSED UNANIMOUSLY.

      CARVEL ZIMIN, JR. MADE A MOTION TO EXTEND THE MEETING UNTIL 11:30 P.M. MOTION WAS SECONDED BY MEL COGHILL, JR. AND IT PASSED UNANIMOUSLY.

    6. Land Lease between Paug-Vik and Bristol Bay Borough - Fred Pike recommended we stay the same at $5000 on the land lease at the Dock. Eddie Clark & Mel Coghill, Jr. declared they had a conflict. CARVEL ZIMIN, JR. MADE A MOTION TO STAY WITH THE LEASE FOR $5000. MOTION WAS SECONDED BY SHELBY BOOTHE. MOTION PASSED UNANIMOUSLY WITH MEL COGHILL, JR. AND EDDIE CLARK ABSTAINING.

    7. 2005 Gaming Permit Application - Bristol Bay Borough: SHELBY BOOTHE MADE A MOTION TO APPROVE BRISTOL BAY BOROUGH'S 2005 GAMING PERMIT APPLICATION. MEL COGHILL, JR. SECONDED THE MOTION AND IT PASSED UNANIMOUSLY.

    8. 2005 TAXICAB PERMIT RENEWAL - REDLINE TAXI: CARVEL ZIMIN, JR. MADE A MOTION TO APPROVE REDLINE TAXI'S 2005 TAXICAB PERMIT RENEWAL. SHELBY BOOTHE SECONDED THE MOTION AND IT PASSED UNANIMOUSLY.

  9. Reports:

    1. Mayor - Mayor Swain stated he was disheartened to find out Stevens removed restrictions on offshore development.

    2. Manager - Written in packet. Fred Pike also stated we received a thank you note from the Yearbook Staff for our donation to them. We also received a plaque from the Middle School Basketball team thanking the Borough for their contribution.

      Russell Phelps stated within their company there was some disgruntled employees about their classification. We need to honor our word and previous recommendation of the previous manager.

      Eddie Clark agreed with Russell and stated we need to treat people fairly.

    3. Finance Director - Written in packet: Ellen Skiles introduced our new Treasurer Lotta Hines. This is her last meeting and she was leaving tomorrow. She thanked the Assembly and stated we had a wonderful community and excellent people. The Assembly wished her luck.

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      JUNE 6, 2005

    4. Police Department - Written in packet:

    5. Fire Chief/EMS Coordinator - Written in Packet

    6. Lobbyist - Written in Packet. Mel Coghill, Jr. stated that John, Carl & Lyman did good for us in Juneau.

    7. Pool - Written in Packet

    8. Library - Written in Packet. Sheila Ring was present. She stated the Library is being "hit" big time by summer patrons. Eddie Clark stated he has heard comments on how nice Sheila is to everyone at the Library and thanked her for her efforts.

    9. Public Works Department - Written in Packet: Assembly commented about the nice brushing job. Eddie Clark stated the South Naknek Landfill looks good also.

    10. Port Department - Written in Packet: Shelby Boothe asked what happened to the power the other day? Fred Pike stated a forklift hit a line but no one was hurt.

    11. Planning & Zoning - May 10, 2005 Minutes

    12. Health Commission - May 17, 2005

    13. Lake Camp Road May 2005 Report - Jim Munter

  10. Persons to be Heard:

    Matt Niedermeyer - Good Night

    Charlie Durand - agrees also, the maintenance people are doing a good job on brushing.

  11. Assembly Member Comments:

    Mel Coghill, Jr. - thanks to Fred and all departments for a good job. Wishes everyone a prosperous fishing year.

    Russell Phelps - Appreciates the good job Fred is doing.

    Eddie Clark - agrees with Russell. Fred has done everything the Assembly has asked him to do. He is thankful to have Dr. Weaver back in the community.

    Shelby Boothe - tell everyone to fish in the Bristol Bay Borough boundaries so we can get the raw fish tax.

  12. Check Register - April & May 2005: MEL COGHILL, JR. MADE A MOTION TO APPROVE THE CHECK REGISTERS FOR APRIL & MAY 2005. CARVEL ZIMIN, JR. SECONDED THE MOTION. Shelby Boothe had a couple questions regarding the Check register. Fred Pike stated he checked into them and they were typo errors.

    ASSEMBLY MEETING UNOFFICIAL MINUTES    PAGE TEN
    JUNE 6, 2005

    MOTION PASSED UNANIMOUSLY.

  13. Adjournment: By general consensus of the Assembly, the meeting adjourned at 11:17 p.m.
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