1975-02-20 Regular MeetingKODIAK ISLAND BOROUGH rl
ASSEMBLY MEETING
FEBRUARY 20, 1975
i CALL TO ORDER
at T h' meeting was called to order by Deputy Presiding Officer Cathey,
P.m. in the meeting room of the Borough Building, Kodiak,
Alaska.
11 ROLL CALL
PRESENT
Dr. Michael Cathey
Mr. Wilton T. White
Mr. C. Ross Wood, Mayor
ABSENT
Mr. Sven Haakanson (excused)
Mr. Nicholas Pestrikoff
(excused)
Alex Panamaroff
(unexcused)
Mr
There were approximately 35 people in the audience.
The Deputy Presiding Officer noted that a quorum was not present and
that the record should show that Mr. Haakanson and Mr. Pestrikoff were
excused from the meeting because of being unable to get back to Kodiak.
Mr. Panamaroff's absence was unexcused.
Mr. Armstrong presented a copy of the Kodiak MIRROR noting t
special meeting as I: 30 ate.
Dr. Cathey 9 hat the legal
notice carried the time of the s
y stated that the record would g rather than 7�
show that the legal notice as presented P m
the MIRROR listed the correct time and
date. to
Si nCe /*oquorum was present, no formal action could be taken on an
the agenda items, however the meeting was opened to
the matter of reapportionment.
any °f
pportionment. Public comment on
The Presiding Officer noted that the Borough Attorney had submitted
three alternate ways in which the Assembly could be reapportioned.
Those are:
(A) Election of four assemblymen at large within the City of
Kodiak and election of three assemblymen at large within the
area outside the City.
(e) Creating four single districts within the City of Kodiak
and electing one man from each district and creating three
single districts and electing one man from each of the three
districts outside the City of Kodiak.
(C) Electing seven members at large from the Borough.
It was pointed out that these were only suggestions by the Attorney
that the Borough is not bound by these. The public hearing
in order that public input could be obtained prior was placement and
the question on a ballot. or to the pla called
The floor was opened for discussion on the matter before the Assembly.
Mr. Nick Szabo suggested that there be two members a
City Council and two members elected at large from appointed from the
The area outside the City of g O within in the into h of
Kodiak.
districts. These would be: Y Kodiak would be divided into three
City of Kodiak, which wo ill - the area on e the road Road, Isla d north of Miller Point and Monashka include Spruce Cape Road, Island Lake area
M e City nashka Bay. #2 - the area on the road system south of
ty of Kodiak, including Bells Flats, Chiniak, Pshagshak and Anton
Larsen Bay. #3 - would include the rest of the Borough not encompassed
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KIB - PUBLIC HEARING APPORTIONMENT
FEBRUARY 20, 1975
Page 2
in the previous districts. Mr. Szabo stated his reason for suggesting
that two members be appointed from the City Council would be to maintain
the close working relations between City and Borough government. He did
feel there was very little merit in having districts within the City as the
area is small enough that nearly all the problems are known to all the people
within the City. He further pointed out the importance of having the areas
outside of the city ,which have very different problems, broken up into the
threee suggested districts. There are uniquee problems in the Island Lake
Spruce Cape area; these are different from those problems in the Bells Flats
Chiniak area and the problems in the village areas are even more unique.
This proposed method would ensure that the village areas had a represent-
ative on the Assembly.
Mr. Lou Schneider proposed that the members from the City be elected in
the following manner: three from the City elected at large and one from
the City Council not directly elected at large. The outlying area would be
divided by a line from the head of Hidden Basin to Craig Point, this would
make two districts outside the City of Kodiak. One district (the northern
portion would elect one member; the No. 2 District which would include
the villages would elect one member. The remaining seat would be
elected by both districts at large.
Another method would be by drawing a line from the center of town at
right angles and would include the Island Lake - Monashaka Bay area
which would have one representative; there would be one elected from
Town to Chiniak area and one from the outlying area. Mr. Schneider felt
that the City should have one representative on the Assembly to maintain
input from the City.
Mrs. Louise Collins advised the members that this reapportionment would
have to be based on populattnn ° nom' • •• °1n nut In he nno r.nr•sent-
ativ0 fnr n.-" 11.4C'plzele•
Neither would you 7ou nave lne proper appm'tiunu ent by electing
se”-_- at - lazge it could be possible to divide the Borough into three districts
which would be : (I) City, (2) outlying area and (3) villages. The members
from the City should not be appointed by the City Council but these seats should
be dual seats and the people should run for both.
Mr. Ron Chase asked that consideration be given to limiting the Borough to
just the road system. The Villages in this manner could form their own borough
and would be able to obtain the education system that they need AG far as the
number of members for the Borough, by restructure of the Borough this could
possibly be reduced to six. All the villages are now asking for the first two
grades of high school in the villages as well as housing for the teachers. All of
the villages are not contributing to the tax base and the burden of these schools
would be on the taxpayers in Kodiak.
Mr. Don Egelus noted that he had been a member of the community for several
years. He further stated that the Alaska Statutes make no provisions for the
appointment of members to the assembly and such appointment is illegal. There
is a division of people now and perhaps the comment on two boroughs bears merit,
however you can't divide the native land area. Consideration must be given to
what will be happening down the road - if you break away, the Kodiak area could
well be bankrupt in a few years. He felt that a seven member assembly with four
elected from the City and three being elected from the area outside the City of
Kodiak is the way to go. There has been considerable discussion on annexation
and this is a good time for people to decide whether or not they want inside the
City or not.
'1 1 2 1 1 5'
FEBRUARY 20, 1975
Page 3
Karl Armstrong noted that he was speaking for himself tonight and
wanted to comment on what Mr. Egelus said. The proper division of
seats would be one district in the City electing four seats and one
outside the City limited to three seats. Mr. Armstrong stated that
serious note should be taken regarding Mr. Egelus' comment that there
is no provision for appointment to the Assembly. In effect Mr. White
and Dr. Cathey are sitting on the Assembly illegally. The Borough
Attorney has already given his advice regarding the illegal use of the
weighted vote and it is in violation of the "one man, one vote" concept
established by the Congress of the United States. Mr. Armstrong
further stated that the fact that there are other boroughs currently using
the weighted vote does not make it legal and the fact that they are breaking
the law does not mean we should. We have three members on the Assembly
who have a mandate directly from the people. Mr. White and Dr. Cathey
are sitting on the assembly representing a municipal corporation and the
State has ruled through the court system that this is improper and is in
violation of the civil rights of the people. There is thinking that we
could avoid the flagrant flaunting of the law by seating two more members
from the City Council, and although this would come closer to being legal
than anything else we should give consideration to what is legal and what
is not. Mr. Armstrong noted further that he had written a letter to the
Mirror that was not printed, he had written another letter and that was
not published either, however the League of Women Voters' had their
letter printed. This was not fair representation.
Mr. Jack Wick stated that there had been some pretty good suggestions,
but he did think that everyone should be thinking of not only Kodiak City
but the entire island. There is great potential here and the City as well
as the rest of the island will be growing in the future. Tourism, fishing and
possibly oil will increase the tax base and our goals should not be too
small. Already inquiries are being made by the oil companies regarding
public service facilities here. Consideration should be given to the
population growth which may come about within the next five to ten years.
If we do no think ahead we will only have to reapportion again.
Mr. Jack McBride asked Mr. Wick if he were suggesting that we wait on
the reapportionment until this growth is evident. Mr. Wick replied that
was not his suggestion. It was noted that there are provisions under the
Alaska Statutes to take care of reapportionment when the population
increases. Mr. Wick stated he would go along with the four elected from the
City at large and three from the area outside the City.
Mr. White replied to some questions raised by Mr. Armstrong and noted
that appointment from the City Council is the current method and that the
Borough is seeking an early resolution to the existing problem. Until such
time as another method has been approved the appointment is Legal. At
the present two members represent all the population of the City and
everyone is in agreement that this is not the best method.
Mr. Chandler stated that he has passed around a petition several years
ago for districting and he felt that this was the best way to go. Further
that there should be districts inside the City to allow the people from
Aleutian homes to have representa
9 II
KIB - PUBLIC HEARING APP 10 ENT
FEBRUARY 20, 1975
Page 4
Mr. Jeff Collins indicated that no one had said anything about the
basicphiloecptty' or law and the Superior Court has stated that you
will be apportioned according to population. There is a certain
percentage of deviation allowed and this can be as high as 11%. The
court has stated that certain groups of people will be recognized.
The villages represent one group of people; people within the City
represent another group of people. There would really be no need
to district the city as the members are elected from all over the city
and if you divide the area as suggested on the road system you would
have too low a population base. Would suggest that the villages have
one seat, the immediate area outside the City 2 seats and the City
Council should have one seat, this to be a dual seat and the other
three elected at large from within the City of Kodiak.
Frank Peterson noted that we are essentially looking at reapportionment
and he would challenge the wisdom of not looking down the road in the
future. He would propose that each of the seven villages have a
representative to the Borough Assembly as each have unique problems.
In the future there will be 1.3 million acres of land that will be taxable
perhaps not the borough but somone will be taxing this. He would
further suggest that there be six representatives from the outlying area
and six from within the City of Kodiak. Mr. Peterson pointed out that we
are talking about people and problems, consideration should be given to
the problems that our children are going to be faced withi in the future.
Mr. Collins commented on the suggestion of a representative from each
villages and pointed out that this would a very cumbersome assembly.
The State Constitution originally stated that each first class city should
have at least one representative and using a low population base you
could have 20 or 30 on the assembly.
The question was raised as to how reapportionment would be determined,
Mr. Wood replied that a plan would have to be submitted to the voters.
According to Community and Regional Affairs only one plan could be
placed on the ballot. This would have to pass by the majority of the
voters both within the City and outside the City.
To question of a time limit - Mr. Wood noted that within six months after
the Assembly has determined that it is malapportioned it must take steps
to reapportion. This was done at the last meeting. Every member of
the Assembly is in agreement to push for a special election and this could
be done in May. In answer to the question of how many more meetings
would be held Mr. Wood stated that this was up to the assembly. However
the plan should be proposed by ordinance which would require a public
hearing. The reapportionment would take effect at the next regular election.
If one plan is defeated another one will be drafted and placed before the
voters.
Mr. Wood suggested that public hearings on this matter be held in
other areas as this is the usual method. Mr. Armstrong
asked if the ordinance requested at the last meeting has been drafted
and Mr. White noted that Mr. Pestrikoff had also indicated that a
special meeting should be held for a public hearing on the matter and
this is being done. Mr. Wood stated that he assumed that this requested
ordinance was in the packet the Attorney would have brought with him
had he been able to get into Kodiak. For the information of the public
Mr. Pestrikoff's motion was read. Mr. Armstrong further asked if
the Assembly was taking steps to check on the legality of the weighted
voting. Mr. Wood stated that the Borough has taken the stand in his
opinion that the weighted vote is unconstitutional and as far as the City
taking the Borough to court nothing has been heard on this.
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KIB - PUBLIC HEARING APPORTIONMENT
FEBRUARY 20, 1975
Page 5
Mr. Zsabo said he would assume that the attorney's opinion is just that
and that it would have to be decided in court.
Mr. White read from the attorney's letter and stated that it would appear
that the weighted vote is apparently permitted in the face of the act.
Mr. Armstrong stated that in 1973 the Borough Assembly voted down an
ordinance calling for weighted vote and it should be assumed from that
that the weighted vote was illegal. Noted by Mr. White that the city re-
presentatives used the weighted vote in defeating this ordinance.
It was suggested that the discussion be on the reapportionment. Mr. Egelus
suggested that the proposal be in outline form and that the steps to be taken
also be outlined for the next meeting in order that the public could be better
informed. In answer to the length of time before the Borough could change
any reapportionment done by the Community 6 Regional Affairs, it was noted
there is a two year lapse.
Mr. Peterson again raised the question of the weighted vote and appoint-
ment from the City Council and asked if the Council was addressing itself
to this problem. Mr. White replied that th e Council was seeking legal
advise to insure they were on fair and proper ground. He asked the members
of the audience to keep in mind that the present representatives were burdened
with the obligation of representing two thousand people per man rather than the
one thousand and they would like to have two more members. He further
stated that the Borough is working on the only legal solution and that is
reapportionment.
, .rAtetiG uOthmd about the legality of dual designated seats. Mr. Wood
rlted that as long as the individual has run for this seat it is legal.
Mr. Burnham stated he felt the weighted vote was very rel ent to this
.ation for without the weighted vote the people in the City of Kodiak
are not receiving proper representation. He did note that this is of course
an interim measure but one that must be used for the proper and fair
representation.
The question was raised about appointing an additional two members for
an interim period. However it was pointed out that any change in the
composition would have to be approved by the voters.
Mr. Szabo noted at this point he would like to change a portion of
his proposal to provide for two dual seats (City and Borough) as he
did feel there should be representation from the City Council.
There being no further comments the public hearing was closed at
9:15 p.m.
IV MAYOR COMMENTS - NONE
V ASSEMBLY COMMENTS - NONE
VI ADJOURNMENT
The meeting was adjourned at 9:20 p.m.
ATTEST: APPROVED:
Norma L. Holt, Borough Clerk C. Ross Wood, Borough Mayor