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1974-12-05 Regular MeetingKO3IAQ IS BreiR01- ActE4IBLt METING DECEMBER 5, 1974 CALL TO ORDER The meeting was called to order by Presiding Officer, Mr. Sven Haakanson at 7:30 p.m. in the meeting room of the Kodiak Borough Office Building. 11 ROLL CALL ABSENT PRESENT Mr. C. Ross Wood, Borough Mayor Mr. Sven Haakanson Dr. Michael Cathey Mr. Nicholas Pestrikoff (late arrival) Mr. Alex Panamaroff, Jr. Mr. Wilton White le in the audience. There were approximately 50 people HI MINUTES FROM PREVIOUS MEETING 1974 - Mr. White move for u nanimous A. Assembl - R ular - November 7, 1974. eca consent for a Motion) minutes of the Assembly passed by unanimous rol I call vot tax Dr. Cathay. IV MINUTES FROM OTHER MEETINGS A. P61 - Reaular November 20 1974 - R. Sch o d - October 14, November 11, November 25, 1974 - M Mr. White its moved for unanimous consent for approval unanimous ro ca vot econ• • • 'r• a e ouonpasse• Y V COMMUNICATIONS 6 APPEARANCE REQUESTS A. Letter from Mike Shockley - Complications on Construction Mesna itsa t ae - Mr. ies - i a or c an ice ion or o er assem• y audience, he would explain the construction of this road. He stated that the Local Service Roads program is handled by the State to state ka, administrative t lcodkIsland orough Borough only no a dispersing rtion t authority whatsoever. Mr. White asked 0 the trees The Borough on the right-of-way author were really on h rght -o-way or were they on private land and was not this the responsibility of the property owner. Mr. Wood stated that he believed the trees had fallen down because of natural phenomenon and are on private property. the water line, it is not the responsiblity of th fBr Borough h t o c lit. The e o ntra ctor was supposed to cover what was in the tog Borough to cover ovp isi The contra State might some have in co but this the Borough could stated that if f his waterline is not Shockley cove a covering to z e and d lleay. e approximately nine houses without water. covered, It will freeze eav B. Letter from James A11en Island Lake - Mr. Nick Szabo asked for some commen on this letter and also Mike Shockley's request. Mr. Wood nom that at this time Mike Shockley asked that the Borougl _ water line. Chairman rn write annexation to of the District Lake is underway. State eve water of yet. Mr. Clubman wt to the District i Engineer and byres relief on t He asked 0 the road had been inspected Spoke stated the 4 White stated that the Assembly has requested inspect and Mr. roa a and that he has called Jack Spake himself and requested inspection, it would be done. Mr. White requested that the dminstratlon write the Dept. of Highway's to determine 0 something can be done on the waterline. stated that C. • the Po o gh' Determination l population is A 2,704 and this is what he recommends we submit to th oro p P the Alaska Municipal league for dues. This is a budgeted item. The city's population is 3,923. Mr. White requested the amount of will to the dues. Mn Holt stated that it wou d probably around $1800 and that the right amount brought back to the Assembly for action as Mr. White requested. Mr. White r KODjAK)ISCANO BORON DECEMBER 1ASfEtjBLY M1ETINC PAGE 2 that the Assembly accept the population figure of 2704 for the Kodiak Island Borough outside the City of Kodiak. Seconded by Mr. Panamaroff. Motion passed by unanimous roll call vote. D. Letter from City Manager - $5,000. for Parking Lot - Mr. Wcod noted that the Borough has no objec :tors to using the rani money for cons,ruet:on of a parking lot for the emp:oyees ‘vorlling :n the 8orecu'h Building. Dr. C.'liey asked about the legality of tr'is macsr, has it been okayed with the °,-_:: cf Alaska. Mr. Wood noted that it would be. 'Ho't c: e. cote that the School has asked that the basketball standards be left. Dr. Cathey asked if there would be access from Mill Bay Road, Mr. Wood stated that there would not be one. Mr. White so moved to enter into an - preen :e:e Aeth the City of Kodiak on cone :ruction of a parking lot Seconded by Dr. Lathe ". ivtrccr. F;s, =?bv unanimous no ca!: vote. E. Hank Eaton - re: Old Ouzinkie School - Mr. Eaton stated that about two years ago when the building of the new Uuzink's began, there was a verbal agreement between the Ouz!nkie City Council and the Borough that they would transfer the school building title the old Ouzin!tie School Building in place for the land for the new school building. The Ouzinkie City Council has asked Mr. Eaton to request positive action from the Borough .Assembly. Mr. White asked if the Ouzinkie Village was going to live up tc the agreement of suoplyi. g quarters for the teachers. Mr. White explained that there wee a va. bal agreement between the achoolboard of Ouzinkie and the Borough Assembly that there would be a change of ;and, approximately 10 acres, with the understanding that the Borough did have quarter for the teachers for a period of not !ass then three years, ;hen the rest of the building would be turned over to the Guzin!<! village :or their use. Mr. Eaton felt that if the Borough can afford a swimming pool and new high school for Kodiak, they car afford headquarters for t he teachers of Ouzinkie. Mr. Greene was asked for comments and he stated that whatever agreement was made, was before he became superinten- dent. He was aware the the old facilities would be surplussed. He further stated that it was aveecl t`•at the existing quarters would he made available until such time as 1: quarters could'te bui't cr the present schoclsite. :.r. Mite asked Mr. Eaton if he could give a . esolut .-n for agreement. Mr. Eaten stated that the teachers can continue to rent the building but the ant money should go to the Ouzinkie Village and not to the Borougn. Mr. White at:.ed :not the bui!dinc of the new Ouzinkie school had an overrun of $75,000 and that there was not enough. money to compete the teacher's quarters. Mr. :'.,.to:• -tjted that mother year v.as ample time for the Borough to build a building for the teacher. quarters. Mr. White stated that the Borough could consider transfer of the building if we have concurrence from the schoolboard and if the teachers' rent remains at the same rate. Mr_ _White moved that subject to concurrence of the Kodiak island Borough School Board. the Kodiak Island Borough authorize the transfer of the; .unre and building known as the old school building in the village to the community of Ouzinkie, Alaska, in exchange the Community of Ouzinkie agrees they will rent the quarters to the teachers now occupied by them and that the Ouzinkie Villago will provide the same services that are heinn orovided by the school, that is primarily oil, heat and electricity, seconded by Mr. Pestrikoff. During the discussion it was suggested that a time limit should be placed on such use. Dr. Cathey amended the motion to include "for a oeriod of two years from date of transfer, subject to review" Seconded by Mr. Panamaroff. Motion passed by unanimous roll call vote. There was a five minute recess declared by the Presiding Officer at 8:30. When the meeting was resumed, Mr. Haakanson declared that h wa le vi _ ie t??lpess,and 'turned the choir over to the Deputy Presiding Office, r. F. Letter from the Alaska Conservation Society - Village Certification - Mr. Pestrikoff does not see where the present assembly should react to what has been done by the prior Borough Assembly and reels that it is not within the Borough's area of responsibility to come up anything cn.this. I . Mr. White noted he felt somewhat similar to the e, prescion Mr. 'strikoff has made. Mr. White feels that the Borough should not participate in arca on which they do not have the knowledge of or any facts and that it is not realiy the Assembly function to become invoked. He further believes that the Assembly unoul..v[ :lc *aw themsaives totally from the administration of the Alaska Native Land C „ ".1? A.;t, Mr. restrike al;c'_e:= ;Fro as_.mb.y chould take no KODiAIOISaNO Bo2O 0A TIE h1;BLSI I NG DECEMBER 5, 1974 PAGE 3 action at all on previous action taken by the prior Borough Assembly and should not give any present opinion. Mr. White feels the Borough should set a policy that the Borough neither supports or denies the Native Land Claims. Mr. Pestrikoff concurs with Mr. White's suggestion. Mr. White suggested that a Resolution be drawn up stating the position of the Borough and Administration. Mr. Pestrikoff stated that the resolution should not reflect on the action of the previous Assembly . Mr. White moved that the administration of the Borough and Attorney be authorized the power to draw a resolution which states the position ofthe Borough Assembly to be: (1) they will not take sides or recommend actions relative to the administration of the Native Claims Act; (2) 1 hat the prior actions of the Borough Assembly and administration do not bind or reflect the position of this assembly (3) I hat it is certainly not the intention of the Borough to either interfer with or promote the proper administration of the claims act, and it is our feeling that we are not in a position to participate in either the recommendations for or against any claims that have here to date been taken. Motion died for lack of second. Mr. Powell feels that the Borough should not participate in something if it is illegal. Mr. Hal Lincoln stated that the Borough should not have taken any stand whatsoever for or against the certification of the villages. Mil Zahn noted that when this was brought up last year, Mrs. Betty Wallin, a member of the Assembly, refrained from voting because she was involved. Hank Eaton stated that Mrs. Wallin, is not a member of Koniag, but an employee. The Borough Attorney pointed out that the prior action made by the former Assembly still stands. Mr. White asked Hank Eaton if his motion would be detrimental to KANA, Mr. Eaton replied that he felt personally the Borough would gain through taxes in recognizing private land. Mr. Eaton felt that the Borough Assembly should withdraw from any statements or actions against the Native Land Claims Act. He doesn't feel it is the Borough's responsibility and did not feel this assembly was in a position to question the actions of the last Assembly, they must have felt this was right otherwise they would not have taken such action. Mr. Jerry Holt asked how can the Borough disassociate from making a decision when it does involve land. Mr. White stated that he disagreed with and that the Borough should take a stand on not doing anything. VI PUBLIC HEARINGS VII OLD BUSINESS A. Tideland Lease Application - ADL Nos. 5970 and 59705 - Harry & Hazel Ardinger - with reply from the Dept. of & Game - Mrs. Ardinger stated that this dock would be a recreational use only. Mr. Wood indicated that the Borough has no objections to this lease application. Mr. White moved that we express non objection on the application by the Ardingers. Seconded by Mr. Hanamaroff. Motion passed by unanimous roll call vote. B. Letter from Arnold Hansen - re: Granting His Additional Use Request At Present Location - Mr. pestrlkoff suggested giving Mr. Hansen a one -year use permit until such time another location can be found for him. Mr. Hansen stated that he will take a one year permit, but he originally requested a five year permit. Mr. Ron Estage stated that by not giving him the additional use permit, we will waste the natural resources and asked if the Borough had control over this issue. Mr. Shockley asked Mr. Hansen how much it would cost to move his mill. Mr. Hanser stated that he could probably move it for 91,000 or less. Mr. Shockley suggested the land along side the City dump out at Monashka as a possible site. Mr. Hansen stated that he has already checked into this and it was not feasible. Mr. Russell stated that he believed this mill was a necessary thing. Mr. Schneider objected to having the mill in this area and that the road could not handle this type of construction. Mr. Estage asked if an Industrial Park was in the Comprehensive Plan. It was noted that it was. Mr. White recommended that the Borough Assembly have a little more time on this matter, Mr. Hansen and the rest of the Assembly concurred. C. Kodiak Island Health Resource Council - Report of Meeting by Borough Mayor - Mr. Wood stated that the Council was definitely going to stay in operation and they have been given projects to study and research. Mr. White stated that according to the statutes the Borough is supposed to have a Health Advisory Board. KOD1AllySbP`N79B�IRO1 y,A c' l F�1 ff 61Y� S DECEMBER 5, ) PAGE 4 VIII NEWBUBUSINE in Inc. - Mr. White Application ADL No. 66106 - Afognka Logging Timber White and Lease ApP osing t e 'eresonosa A. Tideland fi has gone on record as opP stated that the Borough if we use this as a criteria lt th i l 1oudho not see where at the north s b of Afoou Island ion has ou o appo the is at t im take action at this time- that Mr. White th Borough would Mr. Nick Szabo stated tha hat the new assembly r ec o r d e s o p at this time. he would hope n estss mbiv otatement. record as opposing the timber st the leases suggested e submit impact r < reaffirm that if t he B and deny the rented. A reply tideland a sug9 statements. Shafer asked if t Borough really mo tion to deny the Mr. Pestrikoff made a motion to deny the application because the assembly statements. input rom of er resources. I otion did not have e a second. o we to re t iv d eve ies h a arm the last action died or lack o a second. is r. an that moved that the B o r osal as su muted. econded the proposal nded position he was emitter with an�tfiY unanimous roll ca vote. t to obl by s , otion p Mr. Ray Application ADL No. 60211 - Middle Bay Fisheries - represent a :ay is ertes. e explained that Middle B. Tideland Lease Bay was present to rep so t hat boats will b e able to gay Fisheries would like to extend their dock 220 feet, and also be clear of ice come to and unload a t to four feet of water at low tide, the p resent, boats go dry at low tide, this will enable to the land they will fill in with rip - them to have at least three to fo line to protect the water front in aan free water. He further stated that in buying extend 100 feet out to the existing the waterfront to p rotect the beachltne, express no h Assembly exp tending the dock feet. the Fiorough s a pr Mr. obj the dh id ld Application of Middle Bay Fisheries. Mr. objection to this Motion on Panamaroff. Motion passed the following roll call vote: Mr. White - YES, Dr. Cathey - YES. Panamaroff - YES, Mr. Pestrikoff - NO, C. Request from Girl Scouts for Designated Recreation Area with letters from the y ssem y rances �t on, an • t e 'otary, recom approve rom t e Alaska onservat - o m a p was s own o t e ssem yon t, a area t e tr touts que a rs. tvvell m resent to represent the Girl Scouts, and answer an was p questions the Assemmbly bly might 'lave. Mr. Wood read the letters from the Conserve for Society, giving land n the organi but not it Frances Dillon and the Rotar y Club recommending approval of the request. in Pestrikoff stated White that was in favor of g 9 this area. Mr. White recc ommended a 3 to 5 year trl tear review period for the lease if it was in t t area genera y borer - • •y the Northeast Aortic organization outs or a 15-acre was granted in this area. idol White wrt o o ta u9h Adminstration be moved a authorized to enter into a lease agreement rovision made for urvey o 1 years with a p assure that it is being utilized for th Po °n ° woo • • - or a term :saver . e; t e ease ve year pe re assessment o e t r touts. upended by Mr. estrikoff. rt• • tc t e ase t o for royal purposes se or to a request o t wt a raven up an roug t ac to the Borough Assembly e ease p plan was also by unanimous roll tall vote. A development lo requested p Mr. White pa n cons; eratlon o t e additional recreation area, e L approve . requested we defer action until further information is gathered on this area. rove D. Letter from the Mental Health Center - RE: Requs tin ee b t o ga t for the laws - Mr. Wayne Marshal P da some changes Amendment Commission the BY hts stated that he had s Mental Health Board. onthi ctiOna it was Human approved unanimously by the law in order this section and it was app Board behaved requested by on th' himself in stating that it is ue qu Mr. Powell stated thetaie Mr.rMarshal orrected was for the board e o be 9 law. Mr. Powell indicated that he dAttorney stet on state and ug h At contracts be by Mr Borough suggested to a t that the Borough Attorney b nfo contacted on the matter. mat on on th s matter. The Br o that a c ion until it the any h Attorney has had time to review amlend men "s action until minority group ne Boroug h s position. unanimous r so moved. t mino" and stipulate the Borough rv,r. ?anamaroff. Motion passed by so mo Secondedoy vote. from E Zo E. First t • of Ordinance ersh* 0 - Chan• in• the Number of Planfinvood s Members from the Present Membershi of Seven to Nine Members - s PAGE 5 KbDaK1BLA SOR 3uf),.Stpeg1214tEETING DECEMBER 5, 1974 that he has heard no objection from the Planning and Zoning Members. Mrs. Gellis stated that there might be some confusion among nine members and the present board is just finally becoming organized. ivlr, Whit r moved ado of Ordinance eed by unanimous - 74 -43-0 in the first reading. Seconded by roll call vote. F. First Reading of Ordi'afl a 74-44-0 eso Amending d Chapter 2, Section e3, Kodiak 1 er Island Borough o e o p rove . as o loll Signature o t e oroug o odiak. - unanimous ro Ve ca o vote. econ e y r. anamaro ouon passe y G. Ratification of appointment of Lt. Cmdr. Bob Ash toe Health Re ources Count an• retc en aupe an• *orot y ommission - • r. 'I i e move or rate ica an• rough ayor e con e y r. estn off. • og nning an oning p - appal en as O on paSSe y unanimous ro ca vote. H. Resolution 74 -56 -R - Calling for the Establishment of an e� Affirmative Action Pla - Mr. "anamaro move or approve o 'esoution - oI•n passe• •y unanimous ro ca vo e I. Resolution 74 -57 -R - Approving the Three Year Plan for the Local Service Road Pr •r - m - ' r . " i e s a -• a e =oroug on y acts as an agent. 'r. a n stated u nirwould like to see the three year plan. Mr. Wood read off the priorities to the audience. Mr. Pastrikoff moved to adopt Resolution 74 -57 -R. Seconded by Mr. Panamaroff. Motion passed by unanimous roll call vote. .1. First Reading of Ordinance 74 -45 -0 - Approving the Codification of the Kodiak _ • r• •' i e move • or aop wn Isla =oroug r..eo ors re an•'esouions r es o oion o r Hance - in a ors yea mg. econ ed by passe• y unanimous ro ca vo K. Request for Non - Objection for the State to Use Rock from Kalsin Bay - Mr. Pes eve• e • s em y ou • •e er ac ion on is, un i more informa was obtained. Mr. Pestrikoff so moved to table for more information. Seconded by of bS, Mr. Panamarof . • • '•n . - • on e o o wing ie vo e: i r. 'es rl • •. a ey -`. e•ssem•y nay un e in orma on was o- ain L. Letter from Royal Large - Request to Purchase Land at Bells Flats - he has a e which present y s a we year lease wit the Kodiak Island Borough, 9 past ear. worthwhile enterprise, which has been somewhat vandalized during the P y He pa art h shat land, the and h wo negotiate to let the present lessee have the land enc roachlr part of o encroaching on his property if the Borough Assembly will sell him the land which he leases. He further stated that this would increase the tax revenue. Mr. Wood stated that whatever the Borough Assembly y would d do s be au fine d go with h hir except they might think that a school, park or something of fur h - . • '•- • ' • ' re 11 the future. Mr. Pestrikoff moved to table u ..... S - • , • b Mr. Panamaroff. M lion • . ssed b unanimous rol requested that this be put at the beginning of next month's agenda so Mr. Large w not have to wait so long. IX MAYOR'S REPORT A. Mr. Wood noted that the Board of Equalization did not meet, because no appellants filed as required. B. Mr. Wood recommended that the Assembly give him authorization to give the the employees of the Kodiak Island Borough a $145.00 Cost of Living Increase. Mr. he ar this figureef r Wood sked Mr. what other Bor ugh's gave theire pees from tt newspaper. Mr. White stated that he was receptive to a Cost of Living given to th ure Adjustment, but not for this amount an a further el board and fac f the • City for their raise was determinecLby P ATTEST: h em c 'Cr"' PAGE 6 1 7 K I DECEMBER 5, 1974 Kodiak Department of Labor. Mr. White passed moved that a pay increase of $110.00 be granted to the 19 74 . Seconded b Mr. loyees, retro active December 1, vote. e C. Mr. Wood would like to have authorization from the Assembly to hire a Financial Director. Mr. White stated that he would d ti kei oo have ore making any m time for discussion t ved that th that th e Assembly this Assembly defer action untii the next meeting Seconded by Mr. moved Pestrikoff. Motion passed by unanimous roll call vote. X ASSEMBLY COMMENTS A. Mr. White stated that the audit has been reviewed by the Assembly and the be table to the rest of the Assembly, he suggested that it acc and if Mr. was acceptable accepted. White moved for the acceptance of the audit. Seconded ccep assed by unanimous ro I call vote. Panamaroff. Motion p B. Mr. White stated that the City Cou as ked h e. repr a ta t iv es ob pproach the Assembly it has question of that it has been broug ht up before and that there were severaY'alf rt?ate Assembly believed reapportion. Mr. Panamaroff stated that hi ways in which this Assembly could eepres nt before any action is taken on this matter_ Mr. White the full Assembly should P t agenda Mr. White.moved that this Mr. te requested that this be p ut on the next e nex regu ar mee mg. be put on the next agenda for the Assembly se to take unaniimous ro ca v• e. e etch y i •es n ou mrorma mn onpossi e a ternates. ...,.,,., orneY was requesfe3to 9a er a XI AUDIENCE COMMENTS A. Mr. Hal Lincoln aske:' about the that ii he D has requested no power toecBelis Flats ce service The Borough To create stated the Borough would have to have a special servi ce dn th the p and then f roved, the residents of Bells Flats and Russian Creek �o f under have eion and s if approved to h a l special electih It was noted othat this d would be cheked i nt hoer the Local Servi ce Roads ds program. u and Zoning Mr. Lincoln also submitted his name for a position on the Planning Commission as a member from outside the City of Kodiak. XII ADJOURNMENT The meeting was adjourned at 12:30 p.m. Norma L. Holt, Borough Clerk APPROVED: L_ C. Ross Wood, Borough Mayor I. CALL TO ORDER KODIAK ISLAND BOROUGH 1974 SUPPLEMENTAL BOARD OF EQUALIZATION DECEMBER 5, 1974 ATTEST: The Assessor cancelled th meeting of the Supplemental Board of Equalization scheduled to Meet at 7:30 P.M. December 5th and 6th 1974 due to the fact that no Appellants registered in the prescribed manner to appear before said Board. A notice of cancellation was posted at the Borough Office and on the door of the State of Alaska office building on the morning of December 5, 1974 II ROLL CALL None 1II CASES FOR CONSIDERATION BY THE BOARD None 7;?PfliZ7/ //(-- A Norma L. Holt, Borough Clerk Submitted: Edwin R. Haney Sr Assessor /Appraiser