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1971-11-04 Regular Meeting0 0 1 I KODIAK ISLAND BOROUGH ASSEMBLY MEETING NOVEMBER 4, 1971 I CALL TO ORDER The meeting was called to order by Presiding Officer Norman Sutliff, at 7:30 P.M. in the Courtroom of the State Office Building, Kodiak, Alaska. II ROLL CALL Mr. Brechan Mr. Arndt Mr. Jackson P'. Sutliff Also present: Mr. Wilton T. White, Borough Chariman, Russell M. Walker, Borough Clerk- Treasurer. Mr. Brechan moved to recess the meeting to attend the attorney's presentation on the Indian Land Claims, seconded by Mr. Arndt. Potion passed by unanimous voice vote. It was noted that the meeting would reconvene at 9:30 P.m. in the Courtroom. Pi'eting reconvened at 9:30 P.M. Roll call was not taken at this time, however should be noted that the Same members were present; Mr. Sims arrived shortly after reconvening. III MULES OF PREVIOUS f4.Cr1PIGS A. Assembly - regular meeting - October 7, 1971. M'. Jackson moved for approval of the minutes of October 7, 1971, seconded by Mr. Arndt. Motion passed by unanimous roll call vote. B. Assembly - Special Meeting - October 11, 1971. Mr. Jackson moved for approval of the Special Meeting of October 11, 1971, seconded by Mr. Arndt. No objections being voiced the Chair so ordered. C. Assembly - Special Meeting - October 14, 1971. Mr. Jackson roved for approval of the minutes of October 14, 1971, seconded by Mr. Arndt. The Chair so ordered as no objections were voiced. IV MINUTES OF OTHER MEETBIGS s i n Present Absent Mr. Sins A. P &Z - Regular meeting - October 27, 1971 - mo comments B. School Board - October 16, 1971 - no comments C. Comprehensive Health Board - October Eth, 1971. Mr. Jackson questioned the policy of sick leave for employees and felt that this is a type of leave that has been abused by many employees of State and Borough in the past. Mr. White noted that the particular item that Mr. Jackson referred to was a change in the leave policy for the Mental Health Clinic. Mr. White further stated that in the past there had been a verbal agreement that the same leave policy would apply to the Mental Health Clinic staff as did for the Borough Staff. The bookkeeping for both offices is dare by the bookkeeper for the Borough and that a change at this time would only serve to complicate a rather simple system. Mr. White has asked the Mental Health Clinic to refrain from putting this into effect until he has had a chance to discuss this with the Mental Health Advisory Board The current leave policy allows for 1 -1/2 days per month to be used as either sick or annual leave. A member of the audience stated that the employees of the hospital do not have any type of leave plan, hospitalization or other benefits and suggested that the Borough should take some sort of action to insure that these people have the same benefits as the members of the Borough's administrative staff. (Pr.. Sims arrived). It was pointed out that the employees of the hospital are not employees of the Borough however it was mated that something night be worked out in order for the employees or the Hospital to participate in the hospitalization plan now covering the Borough employees. The Assembly members were in ageenent that Mho. White should request the Comprehensive Health Board to reconsider their action on this matter. IEOF3ANIZATTON OF THE ASSEMBLY Mr. Sutliff stepped from the Chairman's spot and Mr. White conducted the meeting for election of new presiding officer and deputy presiding officer. KIB ASSEMBLY MEETING - NOVEMBER 4, 1971 Page 2 Mr. Sutliff was nominated as Presiding Officer by Mr. Brechan, seconded by Mr. Sims. Mr. Jackson moved that the nominations be closed, seccnded by Mr. Arndt. Voice vote was unanimous and Mr. Sutliff was elected as Presiding Officer of the Borough Assembly Nominations were opened for Deputy Presiding Officer. Mr. Arndt was nominated by Mr. Brechan, seconded by Mr. Jackson. Mr. Sims mcved that the nominations be closed seconded by Mr. Brechan. Voice vote was unanimous, Mr. Arndt was elected Deputy Presiding Officer of the Borough Assembly. Me. Sutliff returned to the rhair as Presiding Officer and the meeting was continued. V COMMUNICATIONS AND APPEARANCE RE QUESTS A. Rev. Childs re: Half -Way House. Mr. Childs gave a short resume of the proposed Half -Way House for Alcoholics which will be called "Hope House." This facility will be housed in the old Health Center as soon as the State offices are ready in the old Griffin Memorial Hospital. This project as been approved by the State but not funded as yet. The Kodiak Council on Alcoholism has assurance that this project will be funded in the next fiscal year. In the meantime the Council is proceeding on their own to raise money through private donations. In order that the operation can begin the Council is requesting $2,000 from the Borough. This request was taken before the Comprehensive Health Board at their meeting on November 3, 1971; however no recommendation will be forthcoming from the Board at this time as the vote on this request was a tie vote. [Mr. White noted that the Borough Assembly had approved the allocation of this amount of funds, but the Board was to come forth with their recommendation. Mr. White requested concurrence from the Assembly io taking this matter back to the Advisory Board to see if the decision could be reached for a recommendation from that body. The Assembly members were in agreement with this action. VI PUBLIC HEARINGS A. 2nd Reading and Public Hearing Ordinance 71 -15-0 Arrending the 1971 -72 Budget by Transferring Sum of $34,000 from Reserves for Capital improvement, General to Local Sources, read in full by the Borough Chairman. Mr. Sims moved for approval of Ordinance No. 71 -15-0 in the Second Reading, seconded by Mr. Arndt. Meeting closed and public hearing opened. In answer to the question as to how effective the program is in the K.C. Building, Mr. FUlp, a member of the School Board, answered that from all reports everything was running smoothly'. Another member of the audience asked why this money was not being used for updated books and perhaps a portable unit closer to the school campus. She noted that the books were in very bad shape and were in need of replacement. Mr. Greene commented that many of the books in the School District were outdated, these no more than others. No other - corments were made the public hearing was closed and the regular meeting reconvened. The Borough Chairman commented that his opinion on this particular ordinance has not changed and he did not recommend passage of the Ordinance. Me. Sims noted that while he might not agree with the Ordinance the alternative to passage was not the best either. The contract has been signed and the Borough is liable for the payment of that contract. In the further, however the Borough will sign any much contracts. Mr. Sims further noted that it good to see that the Community College and Library funding had been reinstated in the School Budget. The question was called for and motion passed by unanimous roll call vote. VII PLANNING & ZONING rums A. Resolution No. 71 -30-R Approval. of Final Plat of Vacation and Replat of Block 1, Lots 4 & 5, Shahafka Acres (Case 249 -A) read in full by the Borough Chairmen. Me. Sins moved for approyal of Resolution No. 71 -30-R seconded b Mr. Arndt. The map of the area was stud noting that Mr. - • - Mc - - n eave a green belt between his present home and the house that he was selling. The question was called for and nation passed by unanimous roll call vote. B. Resolution No. 71 -32 -R Approval of Final Plat, Block 3, Leite Addition, Lots 9, 10 & 11, Smith & Bryant (Case 249-A) read in full by the Borough Chairman. Mr. Sims moved for approval of Resolution No. 71 -31 -R, seconded by Mr. Brechan. In reviewing the plat of this area, the question was raised as to whether or not that area in the lake itself would be used. It was suggested that P &Z should be checking into this because if all the individual owners were to fill in that part of the lot located in the lake it is conceivable that the lake would be reduced by a considerable amount. Mr. Sims moved to table this motion on the floor until a determination is received from Planning & Zoning concerning use of this land. Seconded by fr. Jackson. The question was called for and motion failed with the 4 6 1 KIB ASSE2.8LY MEETING - NOVEMBER 4, 1971 Page 3 following roll call vote: Ch'. Arndt, NO; Mr. Brechan, N0; Mr. Jackson, YES; Mr. Sims NO and Mr. Sutliff YES. It was suggested that the Planning & Zoning come up with some guidelines for platting such lots and whether or not the land can be used that is underwater. The question on the original motion was called for and passed by the following roll call vote: Mr. Arndt, YES; Mr. Jackson, N0; Mr. Brechan YES; Mr. Sims YES: Mr. Sutliff. YES: C. 1st Reading Ordinance No. 71 -18 -0 Rezoning Portion of U. S. Survey�1396 Unclassi- fied to R -3; S.M. Corp.. Baranof Hghts, Inc., and John Fray (Case 256-A1 , read by title only in the first reading. The map of the area was studied and noted that this in another case where an individual owns a portion of the lake and that filling would greatly reduce the lake. In this particular case concern was voiced on that area that is being considered for lengthening the float -plane lake. Mr. Brechan moved that this be tabled until. some kind of clarification or another on lands that are in the lake can be determined by the Planning & Zoning Commission, seconded by Mr. Jackson. Motion passed by unanimous roll call vote. VIII OLD BUSINESS A.Resoluticn No. 71 -22 -R Authorizing the Removal of Certain Property from the 1971 Tax Pbreclosure List read in full by the Borough Chairman. Mr. Sins moved for approval of Resolution No. 71 -22 -R, seconded by Mr. Brechan. The Bororgh Clerk noted that this property was being carried on the tax roll as being leased by two people when in fact the lease was under one name. The question was called for and notion passed by unanimous roll call vote. B. Resolution No. 71 -32 -R Authorizing Withdrawal of Bells Flats Alaska Subd., and Russian Creek Alaska Subd:, from the Land Management Agreement, Division of Lands, read in full by the Borough Chairman. Mr. Sims moved for approval of Resolution No. 71 -32 -R, seconded by Mr. Arndt. In reply to a question concerning the cost to the Borough of conducting the land sale, Mr. l finite replied that it depended on whether or not the state appraisals of the lots could be used and then there is the cost of printing the brochures. This could be between three thousand to thirty - five hundred dollars. This is a cost that could be replaced as soon as the sale is conducted however. It is possible that after the sale the contracts can be given to Division of Lands for maintenance or sold to a commercial bank. The question was called for and the motion passed by unanimous roll call vote. C. Resolution No. 71 -33-R Authorizing Transfer of Pn.nds from ACS Fund to City of Kodiak for Park and Recreation Area, read in full by the Borough Chairman. Mr. Sims moved for approval of Resolution No. 71 -33-R, seconded by Mr. Brechan. AS a result of meetings with the City, the City has agreed to be prime force in development of parks and recreation area, they have the staff and also the City is authorized to receive grants for such development. The question was called for, motion passed by unanimous roll call vote. ix new business A. Resolution No. 71 -34 -R Approval of Change in Land Management Agreement with Division of Lands, read in full by the Borough Chairnan.setting forth an amendment to allow the Borough to withdraw lands the Borough specifically wishes to manage and to receive patent from the State for said lards. Whenever such lands lie adjacent to or are interspersed with State -owned lands, the proposed program of disposal will be subject to joint review between the Borough and The Division and likewise with State -owned land disposals. The question was called for and motion passed by unanimous roll call vote. B. Resolution No. 71 -35 -R Establishing BOE Date for 1971 Supplemental Tax Roll read in full by the Borough Chairman, sett • fbnday, November 29, 1971 as the date f or the 1971 Supplemental BCE with Tesday, November - 30, 1971, as an alternate date. Mr. Sims for approval of Resolution No. 71 -35 -R, seconded by Mr. Brechan. Question called the motion passed by unanimous roll call vote. X CHAIRMAN'S REPORT A. Transfer of Liquor License - The Clerk noted that this had been placed in the fold take and that the Borough Assembly was no longer required to receive this information. This is a matter that will be handled by the ABC Board as passed by the Legislature this last year. KIB ASSEMBLY MEETING - NCOEMBER 4, 1971 Page 4 B. Vacancy on Mental Health Board - The Chairman noted that he was not prepared at this time to make a recommendation for a new appointee, however requested that if the Assembly members had anyone in rtdnd they should let him know. C. Ratification of New Member to P &Z and a New Member for the OED Committee. Mr. White stated that Gary }L ode hal been appointed as a new member to the Planning & Zoning Commission and Pater it.soff de a new member on the Overall Economic Development Committee. Mr. Jac' Don moved for ratification of the two new appointees, seconded by ht=. Arndt. no objections were voice the Char so ordered. D. Chiniak School is pr:c ;:essir„ could use a little more gravel but this can be obtained during the year. In r_sponze to suggestion from the Borough Office the school is checking into obtaining a standby electrical plant. E. Power Plant - presently chewing to see if the operator of the power plant now at Cbiniak has filed with the p'_ :blic utility commission and if so he will require a more substantial plant for public use. This will be worked out through normal channels. E. As a point of interest the Russian Vice Counsel from San Francisco was in Kodiak and stopped at the Borough Office for a short visit. XI ASSEMBLY r) .1 1 ! 1 5 1 A. Mr. Sims re Reapportionment of the Borough Assembly - This was discussed at the City Council and although the council members would like to let this ride as a good working situation has been achieved and maintained for sometime, however since this will be done either by ordinance or through the Local Affairs, the Council requested that an ordinance be drawn to read "that each City Council delegate will carry two (2) votes." B. Mr. Walker on Annexation - noted that all the paper work has been completed. Additional information was forwarded to Mt. Mallet at his request. This additional information was not required by the Statutes but does make the Boundary Commission's job easier. C. Mr_ Sims re Status of Malpractice Insurance for the Hospital. Mho. Walker replied that he had gotten the fours necessary for requesting a quote on this insurance and had filled out these forms he could and had taken the forms to Sister Mary Lao and helped with some of the remaining parts. To this date he was unable to obtain the finished forms from the hospital and therefore they could not be nailed in to the insur xe conpan;y. Mr. Arndt requested to Hake a mention at this time: moved that the Grey `S.ns of the Sacred Heard be given one week to file the requested fours and thiriy days -.fter that to have some kind of binder fram an insurance cartpany aria 71? not received by that time this mould be considered a breach of contract. seconded by Mt. Brechan after some discussion on sending this back to the Comprehensive Health Board with the instruction that this be taken care of through that Board Mr. Sims requested that the motion be changed to read "two creeks" for completion of the forms, Mr. Arndt amended the motion with the approval of his second Mr. Brechan. The importance of such an insurance was pointed out however several members did feel that this should be handled through the Comprehensive Health Board The question was ratlnd for and motion passed by the Dllawir.E,t'011 call vote: Mt. Arndt, • Mt. Jackson, NO; Mt. Sins YES; Mr. Brechan, ?PSI Mr. Sutliff NO:. Note that the motion passed would allow for two weeks for the filing of the necessary forms. 0. Mr. �echan re ch in Liqu Licenses: Mt. Brechan noted that this is still a very area as to exact issuance of the licenses will be handled. The ABC Board is making changes in some of the old requirements so that the license will be issued just as any other business. E. Mt. Jackson re Taxinmr System. Mr. Jackson suggested that the Borough have a legal lottery as hros bec.i ciu.. _i c,;.her cities and borough and suggested that a Board be appointed to check into this natter. He felt that there rust be other means of raising money th^n through taxation on the real and personal property of the residents. F. Mr tlalk+r, Borough Clark- Tr9asurer - gave a short resume on his trip to Alaska Mmamicipal Le -hue u,.uerc....e nc ng that it was well worth white and stating a 9 1 1, .1 5 KIB ASSEMBLY MEETING - NOVEMBER 4, 1971 that next year the conference is to be held in Kert1 and that any assembly member - :•h - .t "ould should attend as well as the Borough Chairman or the Borough Clerk and the Borough Assessor. Different sessions were set up at the conference for Clcrks, Assessors and Chairman and so it was difficult for one individual to cover all discussions. Mr. Walker noted that it was indicated that the Borough will soon be required to adopt the state's registration requiresent for voting, and this will be done prior to tht next election. Discussions were held on establishing a standard bookkeeping system and reporting syster in order to facilitate the review of the budgets and audits by the State cf all the differonC local governments. The third day of the cnventinn was used for discussion of the legislative packet. This packet was forwarded for review of the assembly nesters and noted that the authority to tax utilities was left in the packet. Also included in this packet was the authority for local goverment to have referendum for income tax. This is because the League was of the opinion that there needs to be a more equable type of taxation. XII AUDIENCE CO?' FNrS A. Mr. Clowse asked that annexation be referred to as "step - annexation" and asked what representation would be given to those people in the newly annexed area. He suggested that sore type of electtentdistrict or ward should be established. Number on the City Council would change as the population would increase B. Mr. Brassie presented a pit': Indicating an area that he wished to seek under the Borough's fifty -five year lease plan and requested the opinion of the Borough Assembly. It was noted that two things would need to be done, the withdrawal of this land from the Land Management Agreeaent and a current appraisal of the land. Nt. Sires recommended that the Borough Chairman proceed with the first two steps on this mitt, Mr. Brassie noted that he would present a development plan at a later date and was wondering if there was not something stating that a corporation or individual could have only one lease at a time, or a stipulation that the imnrov r-.:ts and developrrmnts must be completed on one lease prior to application for an a`diticnal lease. Thera is no such stipulation in the present ordinance. Mr. Jackson felt that the land should be handled as the Bureau of Land Management did and that was the leas> goo- co the highest bidder and then the Bureau approves the development plan. Mr. White noted that the present ordinance provides for the leasing of land and this ?s based on the development plan, are that is best for the develop.>~nt of tha land and for the overall effect on the community. XIII ADJOURNMENT' The meeting adjourned at 11:55 p.m. APPROVED: Page 5 Borough Chairman