Loading...
1975-02-06 Regular Meetingi KODIAK ISLAND BOROUGH ASSEMBLY MEETING FEBRUARY 6, 1975 I CALL TO ORDER The meeting was called to order by Presiding Officer Sven Haakanson, at 7:35 p.m. in the Borough Meeting Room, Borough Building, Kodiak, Alaska. 11 ROLL CALL Present Sven Haakanson, Presiding Officer C. Ross Wood, Mayor Dr. Michael Cathey, Deputy Presiding Officer Alex Panamaroff, Jr. Wilton T. White Nicholas Pestrikoff All members of the Assembly were present constituting a quorum. Also pa nt were approximately 50 people in the audience. III MINUTES FROM PREVIOUS MEETINGS A. Assembly - Regular Meeting - December 5th, 1974 B. Assembly - Regular Meeting - January 30, 1975 - Mr. Panamaroff moved for approval of the minutes as presented, second by Dr. Cathey. Motion passed by unanimous voice vote. IV MINUTES FROM OTHER MEETINGS A. Planning Commission - December 18th, 1974 and January 22, 1975 B. OED Committee - January 3 and 7th, 1975 C. School Board - January 27, 1975. There were no comments on the above minutes V COMMUNICATIONS AND APPEARANCE REQUESTS A. City Resolution Re: Weighted Vote, read in full by the Borough Mayor. The resolution noted the City's desire to appoint two additional Council members to the Assembly or retain use of weighted vote purely a can interim be measure until proper Borough Assembly reapportionment Mr. White noted that the council representatives would use the weighted vote on all questions in which the weighted votewas allowed as an interim measure. Since previous Borough Assembly action stated that the Assembly was properly apportion the weighted vote was the only way to insure the City's proper vote based on the population within the City Limits. The question was rasied as to whether or not this was unconstitutional. Mr. White replied that this interim measure is currently being used by several boroughs within the state and has been recognized that such action would be only until proper reapportionment has taken place. A letter roe the League women voters was read setting forth several ways to reapportion The Borough Mayor stated that the Borough Attorney recommended that the Assembly not use anything but the proper apportionment, one that is voted on by the people. Further he would be against this as it would probably be unconstitutional. The Mayor recommended that the Assembly declare they are not apportioned correctly and that steps be taken to reapportion following the Attorney's recommendation of four representatives from the City elected at large and three from the area outside the City elected at large. J 1 r) 1 2 ^• I 14 0 K113 ASSEMBLY MINUTES February 6, 1975 Page 2 While Mr. White agreed that reapportionment should be done as soon as possible-he pointed out that it was not something that could be done in a short time. He further stated he wished to have his vote counted as a weighted vote on each issue in which a weighted vote is authorized. Mr. Haakansc stated there should be one man one vote and he was in agreement with the Attorney. Dr. Cathey noted that at the earliest it would probably the next general election before the question could be placed before the people and the City was concerned with proper representation until that time. Mr. Pestrikoff moved that the Borough Assembly instruct the Borough Attorney to prepare a resolution stating that the existing apportionment does not meet the constitutional requirements and instructing him to draft an ordinance as outlined in Paragraph A of SEction 111 on Page 6 of his December 27, 1974, communication entitled "Reapportionment of Kodiak Island Borough," and that this reapportionment would specifically provide for the direct election by the people of any assembly member not already directly elected by the people. Motion seconded by Mr. Panamaroff. Mr. White requested that the Borough Attorney's recommendations be read into the record. "A.. Since multimember districts are permissible, and since division along City lines is also permissible as long as the one -man, one -vote rule is satisfied, two districts can be used. One district would be the City of Kodiak, the other would be the remaining borough area. I. The City of Kodiak District would elect four assemblymen at large, instead of appointing only two. The remaining district would elect three assemblymen at large. This would mean each assemblyman from the City would represent approximately 14.75% of the borough population and each assembly from outside the City would represent 13.67% of the population. Only a 1.08% difference as opposed to the present 15.84 %. 2. No weighted voting needs to be used with this system, nor should institutional representation be used. The City's Assemblymen should be elected directly by the City Voters. 3. A.S. 29.23.020 sets out the procedures for implementing this plan. It should be started soon so as to preclude the Department of Community and Regional Affairs from stepping in to reapportion on its own. A. S. 29.23.020 (c) states that a majority approval of the reapportionment plan is necessary in the City of Kodiak as well as in the remainder of the Borough. An overall majority is not sufficient if either the City or the area outside the City does not approve the plan. During the discussion it was noted that the Borough Assembly should seek input from the City Council and from the general public prior to making any planned reapportionment. it was suggested that special meetings should be held in order to obtain this necessary input. Mr. Pestrikoff said he would want to have the public input and that this was his intent. Mr. Woods noted that several sample ordinances had been prepared for the assembly's review. Further that this be reviewed at a special meeting, and held up to be sure that the Borough Attorney will be available. This could be done perhaps the third week in this month. Dr. Cathey moved topostpone until a special meeting has been called on this matter seconded by Mr. White; noting that he would used the weighted vote. Mr. Haakanson stated that the Chair would not recognize the weighted vote, at which time a question was raised as to whether or not the Presiding Officer had the authority to decide this z the Assembly was on record for using the weighted vote. The question was called and roll call vote as follows: Mr. PanamaroffNO; Mr. Pestrikoff NO; Dr. Cathey, (using weighted vote) YES; Mr. White (using weighted vote) YES; Mr. Haakanson, NO..,Motion passed 4 to 3 with weighted vote. ) t 2 ri ! a KI8 �SE M EET NC February 6, 1975 Page 3 Mr. Wood called for a point of order, stating that the Presiding Officer had the authority to state his views on the weighted vote and it would be up to City Representatives to prove him wrong. Mr. White commented that the Presiding Officer did not have the right to change the law, could only change rules and procedures. Mr. Pestrikoff stated he felt the weighted vote would not count in this instance. At this point the audience raised a point of order and requested that all comments be made matter of public record. It was requested that no notes be passed if the audience was not to be allowed to speak on the matter. Mr Wood commented that the audience would be heard on public hearings and at the end of agenda under Audience Comments. There was a bng' discussion on the use of the weighted vote, noting that if the weighted vote is used there are only certain areas, those being area wide powers, in which this would count. It was again noted that Mr. White did not feel that the Presiding Officer had the authority to rule on the weighted vote. Mr. Haakanson, Presiding Officer, indicated that he would seek an attorney's opinion on this matter. The special meeting was again brought up and all were in agreement that the re- apportionment should be done as soon as possible. Mr. Haakanson, Presiding Officer, stated that he would change his decision, and would rule 3 to 2 against Or. Cathey's motion. Mr. White requested that it be a matter of record that he had requested the weighted vote. The question was called on the original motion and roll call vote was as follows: Dr. Cathey (using weighted vote) NO; Mr. White (using the weighted vote ) NO Mr. Pestrikoff, YES; Mr. Panamaroff YES; and Mr. Haakanson YES. Motion failed by 4 to 3 with the use of the weighted vote. The Presiding Officer ruled motion passed by 3 to 2, no weighted vote. Mr. White requested the minutes reflect that he challenged the Chairman's ruling. B. Mr. Royal Large Re: Proposal for Purchase of Leased Land Bells Flats Area. The Presiding Officer read a letter from Ted Velanis requesting that a sale of the land not be made until it is determined who owns the land in question. Mr. Large was present and read his letter of request into the record. He noted the number of years that he has operated in this area and the amount of upgrading work that he has dorie on this particular piece of property. The proposal noted that he would relinquish acreage in the amount of 6.74 which he currently leasing from the Borough and would request a negotiated sale for 4.22 acres. Mr. Wood was asked whether or not the proposal was in order and in conformance with the Borough's Code. Mr. Wood stated there was no reason why the Borouah could not enter into this sale. Mr. White moved that the request of Mr. Large for 4.22 acres as outlined in his proposal for negotiated sale be honored with appropriate factors to be confirmed prior to consummation of sale, seconded by Dr. Cathey. It was noted that this land was primarily to be used for industrial or commercial and it was assumed that this is what Mr. Wood had indicated. Mr. Haakanson noted that he had read the letter from the Bells Flats Village Corporation for the Borough's protection. Mr. Wood affirmed t the patent to this particular land was received by the Borough in 1971, the only question was whether or not this was issued before or after the land freeze and that the Borough could be taken to court on this. The question was called and the motion passed by unanimous roll call vote. KI8 ASSEMBLY MEETING February 6, 1975 Page 4 C. George Lindholm Re - Proposal for Purchase of Leased Land, under Fifty -five year Lease -__Russian Creek Subdivision. Mr. Lindholm was in the audience and presented his case to the Assembly, noting that he and his wife have operated a greenhouse in this area for about two years. The project is almost complete and in order to make the necessary expansion required to insure the continuing business, need to own the land. In reply to question as to whether or not this meets all the requirements in the Code, Mr. Wood noted that this has been reviewed by the Borough Attorney and he has indicated there are some things that have not been accomplished as yet. If the Assembly wants to waive certain portions of the lease, they could elect to do so. It was not the Attorney's recommendation to exercise this option of purchase Mr. Pestrikoff noted that he would be uneasy about selling this until has been researched thoroughly by the Attorney because of the large amount of land. In reply to question of how long it would take for the completion of the development plan as presented at the time of the original lease, Mr. Lindholm stated that they could probably be finished in a matter of eight weeks. Mr. Pestrikoff moved to reject theproposal_as presented until such time as more specific research into this has been completed, seconded bj Mr. Panamaroff. Mr. White suggested that the Development plan as submitted originally should be completed prior to sale and Mr. Pestrikoff indicated that this was the intent of the motion. The question was called and the motion passed by unanimous roll call vote. D. Letter from League of Women Voters Re: Reapportionment - read as a part of Item A. E. Letter from Captain West, Coast Guard Station Regarding Specific Uses of Area known as Shannon Point (South of Kodiak Shipyard) w /letter from City. Mayor Wood read the letter and noted that he had contacted other agencies, the City, Dock, Planning Commission and OED Committee and that some time in the very near future we would be getting together with the Coast Guard on this matter. No action necessary from the Assembly. F. Letter from Corp of Engineers Re: Extension of Facility in Gibson Cove Area with Borough's Reply (information) . A letter from Mil Zahn was read regarding this item,. requeisting that the rock fill be taken from existing quarry locations. G. Letter from CCC /HOK Re: High School Pool - for information noting that an agreement has been reached between the pool contractor and painting contractor and the problem areas should be taken care of. Mr. White noted that there has been considerable discussion with the architects and the prime contractor and he felt that Mr. Wood has brought the matter to a good conclusion. Presiding Officer declared a ten minutes recess. Meeting reconvened at 9: 30 0 H. Mr. Wood noted that an item had been left off the agenda and asked that it be considered at this time. Mr. Taylor has requested that the roads in the Bells Flats area beunder the Local Service Roads Program. A letter from the Department of Highways indicated that this could be done, however it is necessary that this be placed on a priority listing by the Borough Assembly Mr. Wood further noted that there other projects that have to be completed under this program and he is not sure how far up on the listing this project could be placed but would like authority to proceed. Mr. White moved that at this time authorization be given to the Borough Mayor to_proceed with acquisition of facts for a plan and figures that would in fact include this road in the Local Service Roads and Trail Program, seconded by Mr. Panamaroff Question was called and motion passed by unanimous roll call vote. 1 1 1 ) 2 1 n I • Kis ASSEMBLY MEETING February 6, 1975 VI PUBUC Page 5 A. Second Reading and Public Hearing on Ordinance 74 -43 -0 Amending Ordinance No. 73 -20 -0 Establishing a Planning_Commission and Changing its Membership from Seven Members to Nine Members, read by title only. Mr. Whitemoved for the adoption in second reading of Ordinance 74 -43 -0, seconded by Mr. Pestrikoff. The regular meeting was closed and the public hearing opened. Mrs. Collins asked the reasoning behind the increase. Mr. Wood replied that he could work better with nine members, further that a review of the history of the commission meetings indicated that there was seldom more than five members present at any given time. A new planning department has been established 'and there Will be a heed for additional input to the commission from around the island. There is a need for representatives from the villages as many of the problems that will be coming up in the future will deal with land use in the villages. Mr. Wood introduced Mr. WllI the new planner, and asked his opinion on the increase. Mr. Gariss indicated that he would agree with the Mayor, the more representation on Planning b Zoning the better. Comments from the audience, including members of the Planning Commission, advisories the Commission, indicated that the majority of the people felt that the current seven member board was sufficient. It was pointed out that the present commission has worked very hard this last year and they have been faced with some pretty tough problems. At this time the commission is working well together and to introduce new members might prove very disruptive and cumbersome. Questions were raised as to whether or not those individuals from thevilfages would be willing to pay their own way into town for the meetings. It was suggested that an advisory committee from each city might be the best way to go and that they could meet with the new planner and seek help through that department and the commission. Mr. Estes suggested that the Assembly give consideration to the adoption of the Appendix to the UBC and this would prevent the problems that came up on the rock quarry. It was further noted that the ordinance states there wilt be four members appointed from outside the City of Kodiak, but it does not state that these will be from around the island. Mr. Wood replied that then isa great need for input from the villages, not only on P6Z but on the OED who has recently recommended sanitary land fills within each village. When asked about the retention of the present members, Mr. Wood noted, that.some of the terms will expire this year and these members will be replaced, however he could not see replacing the entire membership of the Commision at once. Noted by the City Council Representatives that they would use the weighted vote. Mr. Panamaroff, YES; Dr. Ca ey N ; Mr. Pestrikoff YES ;, Mr. White NO; Mr. Haakanson YES. - Motion 4 t 3 with weighted vote. (The Presiding Officer didnot:make a ruling on this action - however without weighted vote the motion would have passed with 3 to 2 vote.) The Borough Mayor served notice of possible veto and that a letter will be prepared for the next assembly meeting. B. Second Reading and Public Hearing Ordinance No. 74 -44 -0 Adding the Borough, read in full. Dr. Cathey moved for adoption of Ordinance 74 -44 -0 in second reading, seconded by Mr. White. The regular meeting was closed and the public hearing opened. No comments were made from the audience, the regular meeting was reconvened and the matter opened for discussion by the Assembly. Mr. Panamaroff stated that there are already three signatures authorized and that should be fine. We do not need too many signatures at the bank. Mr. Wood noted that he had expereinced no problems in seeing that someone was available to sign checks and necessary financial documents. that he made arrangements prior to going out of town to insure that all matters were taken care of. Mr. White stated that this had been discussed at the previous meeting and was determined at that time to be necessary since the Presiding Officer is not it? Kodiak very often. The question was r) i n 7 fl r) ( 1 et KIR ASSFMRi Y NAFr - ""' Page 6 February 6, 1975 called and the motion failed with the following roll call vote: Dr. Cathey YES; Mr. Pestrikoff NO; Mr. White YES; Mr. Panamaroff NO; Mr. Haakanson NO. C. Second Reading and Public Hearing on Ordinance 74 -45 -0 Adopting the "Kodiak Island Eorough Code" Codification of the permanent and General Ordinances of the Kodiak Island Borough, read by title only. The mayor noted th.t this was a housecleaning ordinance. Mr. Pestrikoff moved to ado2t Ordinance No. 74 -45 -0, seconded by Mr. Panamaroff. The regular meeting was closed and the public hearing opened. No comments were received, public hearing closed, 9 The question was called and motion passed by unanimous roll call vote. VII OLD BUSINESS A. Reapportionment of Borough Assmbly - this item was taken up under V - A. B. Alaska Municipal Leaague Dues - amount presented for the informatioin of the Assembly. The amount of 5971.40 was due on January I, and this amount was paid. No action needed at this particular time. C. Department of Highway's Request for Use of Rock from Kalsin Bay, Reply to Borough's Letter noting projects. The project time was noted as April I to August I, and further noting the project locations. Mr. White moved that the request of the Department of Highways for Rip -rap quaff rock be granted, seconded by Dr. Cathey. Mr. Wood noted that the highway department has indicated willingness to trade for this rock. The other gravel area would be near the old city dump. The question was called and motion passed by unanimous roll call vote. D. Cy, .tf Livino Allowance - Veto of Borough Action. The memorandum from the Borough Mayor was read in full stating that he felt that the cost of living allowance should have been retroactive to July I, 1974. At the time of the budget preparation Mr. Wood had asked for increase in the salary this was not granted in the amount he felt was due the employees. Mr. White moved to reiterate the stand made at the last meeting, that the raise of $110 a month be effective December I, 1974, seconded by Dr. Cathey. Mr. Pestrikoff stated that he had not realized that the raise was retroactive to December 1, until some time later, he was under the impression that this was to be effective back to July I, 1974, the beginning of the fiscal year. There was discussion as to whether or not this would be a weighted vote question, the city representatives indicated that they would use the weighted vote as this was an areawide power, budget. The question was called and the motion failed with the following roll call vote: Mr. Panamaroff 140; Mr . Pestrikoff NO; Mr. White YES: Dr. Cathey YES; Mr. Haakanson!' two -third vote is necessar to override a ve#and the necessary five votes were not received, if the weighte vote is counted. Mr. Wood noted that until a ruling . is received made by sorr in authority he would take the stand that the weighted vote is not recognized. The veto stands. Mr. White stated that he would concede that the vote is in question and would hesitate to make any issuance of payment before there is a determination on this vote. E. Appeal on P6Z Action for A d•Jitional Use - Arnold Hansen (Assembly actin as Appeal Board) . Mr. Hansen had requested a special use permit for five years to operate a comercial sawmill in an Unclassified residential area. Mr. Burnham was in the audience and as Chairman of the Planning Commissio. gave a short resume of the background of this case. The Commission felt that a new location should be secured for this sawmill and Mr. Hansen was in agreement with this and stated that it would not create a hardship to make move at this time. THe Commission did feel that it was their responsibility to find a suitable location. Several areas have been checked but no solution has been reached. Dr. Cathey suggested that P6Z and the Borough Mayor get together and try to work thi _out as he did not want to make a decision until 1 1 1 ? n r) . KIS ASSEMBLY MEETING February 6, 1975 Page 7 all avenues have beer. checked Dr. Cathey so moved and motion was seconded by Mr. Pestrikoff. The question was called and the motion passed by unanimous roll call vote. F. Attorney's Opinion on Amending By-Laws for Mental Health Center read in full by the Borough Chairman, stating that the Assembly was not required by law to make such an amendment. A letter from the Mental Health Center Director at the direction of the Governing Board requested that the Assembly approve this amendment. Mr. White read the amendment into the record as set forth - "No individual shall be excluded from membership on the Board on the bsis of .race creed, color or national origin the Borough Chairman shall take affirmative action to assure that significant minority group in the Kodiak Island Borough are represrtinted on the Board in minimal porportion to their number in the population. The Borough Chairman s. actively seek and consider recommendations for appointment to the Board from organizations representing significant minority groups in the Borough. Mr. Panamaroff moved that the Borough Assembly approve the request for an amendment to the Mental Health Center Governing Board by -laws, seconded by Mr_Pestrikoff. The question was called and the roll call vote was as follows: Dr. Cathey YES; Mr. Pestrikoff YES; Mr. White NO; Mr. Panamaroff YES; Mr_ Haak_anso_n YES. Motion carried 4 to I. VIII NEW BUSINES A•Lettar from ABC Board re_ Renewal, of Retail License Village Store with Letters of Protest from Citizens. The mayor read a portion of the ABC Board letter stating that if objection is not received within 30 days from date of letter the license will be renewed. Mr. Wood called the ABC Board to advise that there had been protests on this item, that the Assembly would not meet for some time and asked for an extension. No adverse comments have been received from the police. Mr. Milton Souter was in the audience as Mr. Ball's representative and explained that Mr. Ball had carried out all the requirements for posting of the premises and he did not feel that this store would cause any problems in the area. He gave a short history of the are a and the number of licenses that have been there. Mrs. Monigold, who lives just in front of the building in which this will be housed, objected to the issuances of this license. She stated further that the store had not been operated last year, that the Beachcombers might possibly shut off the access to the store and then the only access would be across her yard. She did not want an increase of undesirables in the neighbor and felt that the store would offer easy access to liquor to the mission children. When asked about the procedure if there was a protest filed by the Borough, Mr. Souter noted that the ABC Board would hold a hearing and that this hearing would deal only with whether or not Mr. Ball had abused his license in any way. Mr. White moved that the Borough Assembly voice no objection to the renewal of on Ball's liquor license in the name of the Village Liquor Store loot ed i_ theMcDonald Market b uildin , seconded by Mr. Pestrikoff. Under discussion Mr. Souter pointed out that Mr. Ball had operated the store for the required number of hours per day for thirty days and that would be tkis minimum that he would probal ?ly operate in the next year. The question was called and the motion passed by the following roll all 4e NO; Dr. Cathey Mr. White YES NO; --� Mr. an , Y Ef YES; _Mr._ Pestrikoff YES; Mr_Haaleano YES, 1 n 1 1 •z n I 4 `t K18 ASSEMBLY MEETING February 6,1975 Page 8 B. Letter from A Board re: Renewal of Beverage Dispensary Kalsin Inn 6 Rendezvous; Retail licert6e re_ntwaf for Rendexvous. Retail license renewal for Hopper Vall�?ackage Store; renewal of Beverage Dispensary license for V.F,R, Renewal for Beverage Dispensa License have been received t ee Beachcombers. No protests or adverse repo the above renewals. Mr. White moved that the Borough express no objection to VeF l o the beverage dispensary license for Kalsin Inn, - Ho er Valley Beachco and renewal of retail Iicw roffo r th eston d called the motion Packa a store ,seconded by Pa "d b y uranimou_ roll call vote. C. Letters from Herman Haakanson Re: Survey of Port Lions 2nd Addition. Release of .and Survey Costs. Mr. Wood notethat t the request of the Port Lions Council a trip was made to Port Lions to review this area. Arrangements have been made with the City to sell this land, th Council will take care of the sale and the Borough will be reimbursed for the survey costs on the Port Lions First Addition. Additional survey work will be done on the second addition before going to auction. It was suggested that a check be made concerning the sale of land to insure that the City may sell in any manner they wish. Mr. Wood noted that Mr. Ray Hickman had gone along as a consultant and he had advised the Borough in this matter. D. Resolution No_75 =1 -R Authorization to Waive Taxes_0972, 1973 and 1974) Senior Citizen Pete Waselie, Larsen Bay, read in full by the Borough Mayor. Dr. Cathey moved for adoption of Resolution No. 75 -I 7R, seconded by Mr. Panamaroff. It was requested that a check be made determine that Mr. Waselie is in fact eligible for the senior tax exemption. Question called, motion passed by unanimous roll call vote. E. Resolution No._75 - 2 - R Approving Final Plat Vacation & Replat of Lots I, 2. Block 5, Lehr Addition, Robert Hatcher (336 -A), Mr. White moved for adoption tion of Resolution No. 75-2-R seconded by Mr. Pestrikoff. Question called motion passed by unanimous r )ll call vote. F. Resolution No. 75 -3 -R Approving Final Plat of Subdivision of Lot . Woodland Acres Subdivision, John Nosich (Case 337 -A), for adoption o Resolution No. 75 -3 -R, seconded by Dr. Cathey. The plat was reviewed, question called and motion passed by unanimous roll call vote. G. Resolution No. 75 -5 - R Approving Application b Overal�onom Development Committee for Discretionary Funds (HUD) Housing 6 Community Development Act 1974 - Project establish Sanitary Land Fil ls in Seven Villages read in full by the Borough Mayor. Mr. White. r Mr Wood noted that this Resolution No. 75-5 -R, seconded by project appears to aye received very avora le response by HUD an it is anticipated that the project will be funded. Question called, by unaniou s roll call vote. H. Resolution No. 75 -6 -R. Establishing Payment in Lieu of Personal Propert Tax Due from the City of Kodiak. Mr. White asked that this be held over until the City Finance Department has had an opportunity to review tho ugh hly. It was further requested that the City be given the same opportunity other taxpayers to review the assessment and come before the BOE if necessary. There were no objections to this item being_helct over untiluntil the I. Resolution No. 75 -4 -R Declaring Certain Property Surplus to the Borough's Needs and Authorizing Sale of Same to Duane Freeman, 2 1 1 17 KIS ASSEMRI Y MFFTING February 6, 1975 Borough Mayor.lt was noted that the property has been appraised, in the amount of $2,045.80, the land is adjacent to Mr. Freeman's and will give him a regulation lot as required by ordinance. Dr. Cathey moved for adoption of Resolution No. 75 -4 -R, seconded by Mr. Pestrikoff, Motion passed by unanimous roll call vote. J. Resolution 75 -7 -R Support of Dog_Bay Boat Harbor Project, read in full by the Borough Mayor, establishing the support of the Kodiak Island Borough for the City's proposed small boat harbor. Mr. White moved for adoption of Resolution No. 75 -7 -R, seconded by Mr. Panamaroff. The question was called and the motion passed by unanimous roll call vote. K. Resolution No. 75 -8 -R Approving Subdivision of Lot 2, USS 3099, Okey Chandler, noted that the plat had been reviewed and approved by the Planning Commission. Further that the improvements, road and water and sewer will be installed to the lots prior to recording of the plat. Mr. White moved for adoption of Resolution 75 -8 -R, seconded by Mr. Pestrikoff. Question called motion passed by unanimous roll call vote. L. Monthly Rkeport for December - no comments were made. M. Review of OperationalAgreement - Kodiak Island Hospital. Due to the lateness of the hour, the assembly asked that this be deferred until the next meeting and that the changes in the agreement be listed for Assembly review XMAYOR'S COMMENTS Page 9 A. Mr. Wood noted that he had only one item at this time. At the last regular meeting the Assembly voted to voice objection to the leasing of tideland to Afognak Lumber and he asked directions on the content of a letter to be sent to Di'itit Sn of Lands. Mr. White and Mr. Pestrikoff noted that they would like to have part in the composition of this letter. The assembly members were in agreement with this course of action. XI ASSEMBLY COMMENTS - None XII AUDIENCE COMMENTS A. Mr. Schneider (I) suggested that the Borough should check on the scope of the jurisdiction of the Borough as the logging company will have a floating barge in the tideland area. (2) would request that the Borough take affirmative action on the completion of the roads in the Miller Point/ Monashka Bay areas as these lots were sold prior to those in Bells Flats (3) Questioned the status of the rock quarry and whether or not it is to be brought up to standards . Mr. Wood replied that the roads in the Miller Point area are scheduled for completion under the Local Service Roads program and we are required to finish these. As far as the rock quarry, Mr. Grothe has been asked to give us a schedule or the completion of his project and the Building Inspector has been asked to determine whether or not the area can be sloped as required B. Mr. Zahn - in reference to the Tidelands Lease by Afognak Lumber . questioned whether or not the time for comment had past. Mr. Wood noted that he had called the Division of Lands and they had indicated they would wait ,ntit they heard from the Borough before action was taken. C. Mr. Egelus - expr •sled thanks for the many hours that the Assembly had spent on the meeting and suggested that the Mayor might consider an island holiday when a solution for the Arne Hansen problem had been reached 1 1 t , 1 1 ^ 2 ,1 rt 1 KIB ASSEMBLY MEETING February 6, 1975 Page 10 D. Mr. Karl Armstrong urged that the Borough contact the Northern Villagers Corporation prior to submitting a letter to the State on the Afognak Lumber tideland lease request as this may have already been taken care of and might be a mute point. Mr. Armstrong further asked that the Borough Assembly check Into the proposal by the Department of Interior to withdraw additional land for coastal wildlife refuge . He suggested that the Borough draft a resolution in which the Borough will be on record as very much in opposition to the extension of the coastal wildlife refuge, extension of the Katamai Monument and addition of 8 3 million acres of land in this refuge. E. Mr. Nick Zabo stated that he had been coming to the Borough Assembly meeting for nine years and never had the audience not been given an opportunity to participate in the discussion of matters on the agenda. Further he noted that there was a complete disregard for the wishes of the people present and asked who the members of the assembly were representing. Mr. Pestrikoff noted that the Assembly members represented those people who had elected them, from the outlying areas. Mr. Haakanson stated that the members of the assembly represented all the people of the Borough. Again the question was raised about the passage of notes at the meeting. It was pointed out by a member of the audience that he had been at many different council meetings all over the country and had never been refused the right to such action. Others in the audiences stated that they had not objected to the passage of the note, but was concerned with what might be deemed private messages at a public meeting. If the public was not to be allowed to speak on a particular matter, then notes should not be passed either. Mr. Wood noted it was not against the law for anyone to pass notes. Mr. Zahn stated that since this was the time for audience comments that the contents of the note passed earlier from Mr. Armstrong to Mr. Haakanson should be read at this tine. Mr. Wood read the note : Sven, please call your wife. (the telephone number was part of the note) . XIII ADJOURNMENT There being no further business the meeting was adjourned at 1:15 a.m. SUBMITTED APPROVED: 77 9. / ."7, L' O ` "tvJ Lift C,tL Borough Clerk Borough Mayor