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1972-03-02 Regular Meeting!I 0 1 ,(] 1 0 4 6 4 7 KODIAK ISLAND BOROUGH ASSEMBLY PELTING MARCH 2, 1972 I CALL TO ORCER The meeting was called to order by Presiding Officer Norman Sutliff at 7:35 P.M. in the Courtroom of the State Office Building, Kodiak, Alaska. II ROLL CALL Present Wilton T. White, Borough Chairman Norman Sutliff, Presiding Officer Richard Sims Donald Arndt Fred Brechan III MINUTES OF PREVIOUS MEETINGS IV MINUTES OP OTHER MEETINGS Absent (Vacancy not yet filled) Also present: Mr. William Pritchard, Local Affairs Agency; Russell M. Walker, Borough Clerk; Bob Greene, School Superintendent and approximately 12 people in the audience. A. Assembly - regular meeting - February 3, 1972 - Mr. Sins moved for approval of the minutes of the February 3rd meeting with the exceptions to brought up under Item V - A, seconded by Mr. Arndt. Question called for notion passed by the following roll call vote: Mr. Brechan - YES; Mr, Sims - YES; Mr. Arndt - YES and Mr. Sutliff - YES. B. Assembly - Special meeting - February 24, 1972. Mr. Sims moved for approval of the minutes, seconded by Mr. Brechan. Motion passed by unanincus roll call vote. A. Planning & Zoning - Regular meeting - February 16, 1972. Mr. Sutliff noted that under the discussion on the rezoning of the area near Lilly Lake that some thought should be given on the future use of the lake for float planes. Mr. Fray has stated that he does have a title to the lake and the land under it. It was requested that the Borough Clerk do whatever research is necessary to determine whether or not title does in fact belong to Mr. Fray. B. School Board - Regular meeting - January 31, 1972. Mr. Sims asked about the proposed high school in Old Harbor. Mr. Byler stated that there have been many drop -outs in the rural areas and it has been proposed that an education program for these students be established. It was not proposed that a new building be constructed, but thought should be given to moving out of one building into a larger one to proceed with this program. C. Comprehensive Health Board Minutes of February 2. 9 and 23, 1972. Mr. Sims asked that the rental Health Center be requested to balance their budget as the voucher reports $6,000 expenditure more than incor. A question was raised over the salary of the new Administrative Assistant being $5,000 over the budgeted amount. Mr. Walker that the voucher and expenditure report presented as noted was for the month of January and that the funds received for the operation of the Mental Health Center are on a Grant Year rather than fiscal year. The Administrative Assistant's salary is budgeted as established, the position was filled as of March 1, 1972, the beginning of a new budget year. COM+UNICATIONS AND APPEARANCE BEQUESTS A. Review, Confirm and Ratify Action of Borough Assembly for January 20th. 1972 and February 3, 1972. The Borough Chairrten explained that due to the fact that the Assembly had inadvertently seated an assembly member without an adequate number of total votes all action taken must be reviewed confi and ratified. The minutes of the January 20th meeting were reviewed item by item, noting the action taken on each one. Mr. Brechan moved to confirm and ratify the minutes with t excepti of the item pe i to the appo int- rent of Mr. Clowes, Item B under Section V, seconded by Mr. Sims The motion passed by following roll call vote: Mr. Arndt - YES; Mr. Brechan - YES; Mr. Sims - YES; r4r. Sutliff - YES. n Q n n 1 t ¶ 6 4 1 KIB ASSEMBLY [1f4G - MARCH 2, 1972 Page 2 The minutes of the February 3rd meting were reviewed by the Born Mr. Sims moved for confirmation and ratification of the minutes of Borough 3 seconded by P. Brechan. ;lotion passed b followi roll call vote: Mrs. Arndt YES; Mr. Sims - YES; Mr. Brechan - YES; Mr. Sutliff - YES. B. Election of New Assemblyman. A letter from the Local Affairs Agency was read stating that in accordance with Title 7, Alaska Statutes a person must receive a majority of the votes to which the Assembly is entitled; a majority in this case would be three. Mr. Sutliff as Presiding Officer asked for nominations for the vacant seat. hM. Brechan moved that Mr. Clowes be reinstated as Assemblyman, seconded by Mfr. Arndt. Mr. Sims nominated as he had been on the on requested that Brechan Erwin be his motion with the ap royal of the second. Mr. Brechan then n nominated Harry Clowes to fill the seat vacated by W. T. T. Jackson hedod. Island Borough. Mho Sims nominated Gene iv d he at ia h•he nominations be closed seconded b Mr. Arndt. Ballots were preeapred by Clerk and a secret ballot taken. The Cleric was instructed to open and count the ballots. The tally was read Mr. Clowes three votes. Mr. Erwin one. Mr. Sims moved that Mr. Clowes be sworn in as Assembl = seconded b Mc. Arndt uesti n was tailed for and motion asked by unanimous roll call vote. The Borough Clerk conducted the Oath of Office. The Presiding Officer declared a five minute recess. The meeting reconvened at 8 :35 P.M. C. Mr. William Pritchard Local Affairs re Th ad excerpts the Borou nc re Re othts i q u st Mt. Sutliff has first presented to the Assembly. The Bo Cha wgav tairma me first matter, reading the letter from thee Looccal Affai gave resume Ag c which st d that of the Borough Assembly could reapportion themselves lac ordancewiththeone man one vote law or could request the Local Affairs Agency to do this for them. There was a lengthy discussion on whether or not this would be fair to those individuals living outside the City as they would be represented by three votes on all natter with the City being represented by four. The question was raised as to whether or not the City representatives would have two votes each or could an additional two members be seated on the Assembly. Mr. Pritchard was not sure about this but did state that he would check with the Attorney General's office and submit a letter to the Borough on his findings If the Assembly is reapportioned as noted, each City Council representative receiving two votes, each vote would represent 9 people. The Borough representatives' vote represents 853 people. The variance would be 10.1 well within the allowed variance as established by the Courts. Should the Assembly reapportion itself it would become effective immediately; reapportion. ment done was h by Loc Affairs becomes effective at the next regular election a letter is received from shy. opinion that the Assembly will wait until Pritchard on the matter discussed; that of the manner in which reapportionment will be handled. D. Letter from Poster & Marshall re s u to se Bond Sales. Copies of e han ledto were r sales for the Born n• stiy & have d handled othhi bon a request and estimate on the presently the City bonds. This Chs recommended this firm. Mr. Sims moved that the the Borough Bonds, the to enter into an - - rent wit Foster & Marshall to h� annd the Boro Bo Sale for the new authorized n ° Col construction seconded by Mt. Brechan The motion 11 Mt. Brechan - YES. Or. Clowes _ t. call vote: .M. Arndt - Y YES' Mr. Sims - YES. Mt'. Sutliff - YES. E. Letter from School re New School Construction Time Schedule read by the Chairman. The School requested that the Assemb authority to go ahead with the last 50% of the design or � High High The project. revised time schedule for the project was also read: Site Work complete drawings and send out Bid - Bidding time � three weeks; . School Awarding of bid - two weeks. ol Bulldi out Bid; Bidding time - five w ardln loth - c ag 0eda drawings and send architect was authorized to go to the first 50% s is t of t es drat, The of the design at which 1 Q 0 1 I 0 4 5 4 n KIB ASSEMBLY MEETING - MARCH 2, 1972 Page 3 time the Bond Election results would be known. Now that the Bond Issue has passed the School Board requests that authorization be given to the architect to complete the final 50% of the design. Money is available under PL 207 funds to meet this cost and can be replaced from the bond sale Mr. Clowes moved that the Borough not commit any funds until the bonds are sold or when reach the point that they are assured of being sold, seconded by Mr. Brechan. During the discussion that followed it was pointed out that the reason for the authorization of the completion to the 50% stage was to gain another building season and to be better prepared for this upcoming season, to wait longer would mean that the cost of construction would go up. Mr. Greene stated that he had a letter from Bob Issas in Juneau to confirm that the funds are available if in fact the construction is to be done. Mr. Clowes noted that the Borough could not authorize the expenditure of money without an Ordinance; others pointed out they were reluctant to authorize money that we did not have. The question was called for on the motion and failed by tie vote as follows: Mir. Arndt - YES; Mr. Brechan - YES; Mir. Clowes - YES; Mr. Sims - N0; Mr. Sutliff asked if the weighted vote could be used and upon an affirmative answer from the Clerk - stated he was using the weighted vote and voted NO. Mr. Greene commented on the work sessions that have been held with the Borough Assembly and School Board and noted that everyone has worked hard to stay within the limit set by the Borough on the cost of the school. The money is available under PL 207 for interim financing and that this can be used for the completion of the design in order that the bids may be put out for this building season. Mr. White, Borough Chairman, stated he could not recommend the expenditure of money at this time as there are other problems in the community. These have to be taken into consideration and he would not recommend anything that might possibly place the community in jeopardy. Any conmitnents made prior to the sale of the bonds might have an adverse effect on the saleability of the bonds. Mr. Sims moved that the Superintendent of Schools be instructed to write for the money (P.L. 207) with the provision that however much is used for interim finance will be replaced by the Bond Sales. That Mr. Crittenden be instructed to 7p ahead with the design as discussed at the February 28th,_1972 meeting seconded by Mr. Arndt. Mr. Greene asked for sone assurance that the school will be built. The question was called for and the motion passed with the following roll call vote: Mir. Arndt - N0; Mr. Brechan - YES; Mr. Clowes - N0; me. Sine - YES; Mr. Sutliff - YES. Mr. White noted that he would be opposed to starting the ground work or putting out the bids until the bonds have been sold as would be an injustice to the community. Mr. Clowes again asked about the legality of authorizing the expenditure of money without an ordinance, the other assemblymen were in agreement that tie Borough Clerk should check with the Borough Attorney on this matter. F. Letter from Local Affairs re Attorney General's Opinions, read in full by the Borough Chairman, setting out the proper - channels for securing an opinion from the Attsin ;ey General's office. Mt. White noted that this may have been received as a result of seeking an opinion concerning the Hospital. The Nuns have stated that they will not allow abortions to be performed in the hospital and an opinion is being sought concerning the manner in which this should be handled '4. White further noted that the letter of request will be sent through the proper channels. G. Letter from ABC Board re Renewal of Retail License and Beverage Dispensary LUgime foc. Friel and Vora snslin ( ner's) and Bobby H. & Genevieve — A. Hood • (leaao dba Rendezvous '1le 11 Kodiak. Mr. Brechan moved that the Borough voice no objection to the issuance of the license seconded by Mr. Clowes. Motion passed by unanitus roll call vote. $. Letter from Archdiocese :e 7_:ening Of Killarney Hills Block 1. Carol Maser of Metcalf Realty of Anchorage and representative of the Archdiocese wrote a letter requesting that the rezoning be reconsidered. She called Mr. Leon Johnson and asked that he attend the meeting as she was unable to come to 1 0 1 1! 4 5 5 0 iCB ASSEI•'BLY t•L.::rlNG - MARCH 2, 1972 Page 4 Kodiak. Mr. Johnson noted that the reasons for asking that the rezoning be reconsidered is that the notice of public hearing was mailed to the Kodiak address and that Mr. Arndt had an option to purchase the land but was not the owner in fact. Mr. Arndt does have a deed of record and it has been recorded. Mt. White did not have any recommendations but suggested that this be referred to the Borough Attorney, The Assembly was in agreement with this course of action. fr. Arndt also stated that he would contact Ers. Maser by telephone and see what could be done. VI PUBLIC HEARING A. 2nd Reading and Public Hearing Ordinance No. 72 -5 -0, read by title as copies were distributed to the members of the audience. The Clerk Treasurer explained the reason for the new ordinance, noting that there had been one change to the school budget for transfer of funds for building rental and another requested for purchase of mobile unit. These changes along with the change of account numbers were set forth in the new ordinance. It was noted that there are no changes in the amount of funds for each account. Mr. Sims moved for adoption of Ordinance 72 -5 -0, seconded by Vt. Brechan. The regular meeting was closed and the public hearing on the ordinance opened. In answer to several questions from members of the audience it was noted that there have been no expenditures made against the Assemblyman Travel account and that the snow removal budgeted item is for the contracted service to remove snow from the hospital and school driveways. The public hearing was closed and the question called for: motion passed by unanimous roll call vote. Ni'. Sims noted that there were three corrections to make on the budget copy. Account 145.04 should read $350.00 rather than $ $500.00 and the account numbers for Revenue Sharing and General Taxation were reversed. It was so noted and so corrected. VIII OLD BUSINESS A. Resolution No. 72 -3 -R Suoport of Passage of House Bill 292, read in full by the Borough Chairman, note g that the Borough Assembly of Kodiak goes on re- cord as being in support of House B111 292 an act relating to community hea_ centers.6'•.Bredbffl.• moored for adoption of Resolution No. 72 -3 -R, seconded by Gtr. Sims. Motion passed by unanimous roll call vote. B. Resolutln No. 72 -7 -R Support of Secondary Road 4428 Between Dillin K' Sa N Mr. Brechan moved for adoption l of c Resoluti n 72 -7 -R, se nded by y Cowes. Imo, Si= noted that the object was to have the terminus in an area that wou_' benefit Kodiak and requested that the motion approve the Resolution with an addition: that the terminus be a deep -water port in the Shelikof Straits in the vacinity of Kukak Bay or Geographic Harbor. The motion was so amended with the approval of the second. No objections voiced, the Chair so ruled, resolution was approved. C. Resolution No. 72 -8 -R Establishing Afognak as Primarily a Recreation Area, read in full by the Borough Chairman. it. Clowes moved for adoption of Resolution No. 72 -8 -R, seconded by Mr. Brechan. Mr. Brechan asked that some background be given on this resolution. It was noted that during a meeting at the Harbormasters building it was almost unanimously voiced that the people of the community feel that the recreation area would be of more benef_- to the community than sale of timber. This area is within the area that could be selected by either the City of Port Lions or Ouzinkie and then: could be sold by the Native Assocktin for timber. Felt that the Borough should take a stand on sale of timber now. The question was called for and motion passed by unanimous roll call vote. D. Resolution No. 72 -10 -R Supporting House Bill 489 State Aid to Tourism and Opposing House Bill 5 Relating to Financing of Local Schools, read in full by the Borough Chairman, Mr Sims moved for adoption of Resolution No. 72 -10 -R, seconded by ter. Brechan. No objections voiced it was so ordered by the Chair. E. Resolution No. 72 -11 -R Adopting Interim Basin Water Quality Management Plan, read in full by the Chairman, noting that this was in accordance with the Comprehensive Plan and supports the plan adopted by the City. Mr. Brechan moved for approval of Resolution No. 72 -11 -R, seconded by @r. Arndt. So orderer 1 0 0 1 1 1 .q 5 5 I KIB ASSEMBLY t'EETING - :'?ARCH 2, 1 Page 5 F. Resolution No. 72 - -12 -R Cancellation of Authorization to Issue General Obligation Bonds 19EO Election, read in full by the Borough Chairman. This will delete old bond issue from the record. :r, Sirs moved for adoption of Resolution No. 72 -12 -R, sai.onded by Mr. Clowes. Motion passed by unanimous roll call vote. G. Borough Attorney's Opinion re Bill for Road Work, Taylor - Bells Flats. Ac requested at the last meeting, the Borough Attorney was questioned regarding the Boroeg't's legal :esponsibil_ty for read maintenance and he replied that since the Borough has not adopted the Road power, the Borough is not responsibl for repair and Taiterance of the roads. H. Letter from Anchorage re Snoctobiles, read in full noting that they depend on State Troopers to enfo_ce the laws and that they do not have any ordinances concerning snowmobiles. ::embers of the audience concerning this matter asked that something be done to regulate this matter. The Assembly members questione whether or not an ordinance could be enforced and the Borough Chairman stated that he would check with the troopers to determine if enforcement could be accomplished and what type of ordinance it should be. IX NEW BUSINESS A. 1st Reading Ordinance No. 72 -4 -0 Authorizing Loan of $7,000 to Community College for Access Road to New Building, read by title only. Mr. White, Borough Chairman noted that this may not be necessary as work as such has already been started. hr. Sims moved for approval of Ordinance No. 72 -4-0 in the first reading, seconded by Mr. Brechan. Motion passed by unanimous rot= call vote. If the money is not needed it will not be spent. B. Application for Senior Citizen Tax Exemptions - Tina Rowland; Afonie A. Lukin, Sr„ C. B. Parker. Jake Blanc; Nick Noya. The applications are in order and the applicaptq :meet the requirements. Mr. Clowes moved for approval of the applications for Senior Citizen Tax Exemptions seconded by fir Brerhaq ^et`: passed by unanimous roll call vote. C. Voucher and Expenditure Reports for January, rental Health Center and Borough, no action necessary. It was again noted that the new .,rant Year budget does allow for the increase in the salary of the Administrative Assistant. X CHAIRMAN'S REPORT A. Lot 28, U. S. 3099 - Er. White noted that Mr. Jackson has filed an appeal with the Court and that this is pending at the present time. B. Letter from Holmes Johnson Clinic asking that the Borough buy a radio for the hospital in order that the doctors can be in touch with the villages and the fishing boats. The Sisters will pay $500 which will leave $1,500 to be paid by the Borough. This amount would come from the contingency fund. Mr. Johnson noted that the OED Committee has gone on record as requesting the Borough expend this amount of money. i•ir. Simms moved to authorize the purchase of a radio for the hospital, seconded by Mr. Arndt. Motion passed by unanimous roll call vote. The Clerk noted that an ordinance is' not required as there is a contingency fund set up for unexpected expenditures. C. Hospital Heating System - this is an item that the Hospital has had problems with since the building of the hospital. The cost to repair this and bring it up to acceptable standards is approximately $2500. Work must be done on the hot water system as well as the heating system. A firm bid has not yet been received from the or_ginal installing f±Rm, however have indicated that their charge will be less than others. The Chairman requested authorization to spend up to $2500 for these repairs. Mr. Clowes moved to authorize the Chairman to proceed on this matter to expend up to $2500 to take care of this deficiency in the hospital, seconded by Mr. Brechan. Motion passed by unanimous roll Dail vote. D. Extended care facilit », This has been turned over to the Health Board for their consideration, the Assembly should be keeping this in mind as it is something that is needed in the community and would be self - supporting. .1 0 r I 1 4 5 5 KIB ASSEMBLY MEETING - MARCH 2, 1972 Page o D. Program Director for the P:ental Health Center has been hired, a Dr. ' orrer. XI ASSEMBLY CO m rI'S A. Mr. Brechan re Ordinance for expenditure of $80,000. Requested that if ordinance is necessary net this be so dram in accordance with the motion rade by 41a7. Sims. B. Mr. Arndt re Area -wide Sales Tax._ Suggested that this would be a good titre to have a Special Election and ask for a Borough area -wide sales tax. It was pointed out that along with the construction of the new school, the heating system at the main school will also need to be repaired. The sales tax could be one way of obtaining money for the school system. Mr. Arndt moved that a special election ce held as soon as possible for a 2' area -wide sales tax, seconded by Mr. Clowes. There was discussion on the merits of an area -wide sales tax and it was pointed out that this could force more and more people to buy products from the outside. The question was called for and the notion failed with the following voice vote: Brechan - NO; Clowes - YES; Sims - NO Arndt - YES; Sutliff- NO. 1 XII AUDIENCE =PENIS A. Mr. Brasie re 55— Year Lease - Mr. Brasie commented on the fact that he has sought a 55 -year lease in order to bui'd in the community, however does feel that there should be an area-wide sales tax and that the people inside the City Limits should pay their own cersonal property tax. B. Mr Greene Superintendent asked that the Borough Assembly go on record as being in support of House Bi1t69, passage of which would prevent the Cigarette tax from being counted twice for funding of school construction. irz'. Sims moved that the Assembly go on record as supporting House Bill 669, seconded by Mr. Arndt. No objections voiced, it was so ordered. XIII ADJOURNMENT n The meeting was adjourned at 12:15 P.ii. per APPROVED: Russell M. Walker, Borough Clerk ^ n Wilton T. White, Borough Chai an