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1975-07-03 Regular Meeting=MK LSIAK: SCISTOM a AnTING JUIX 3, 1975 I CALL 70 Car The meeting was called to order by Deputy Presiding Officer Cathay. at 7:40 P.M. in the Borcught4seting Room, Borough Building, Kodiak, Alaska. II PALL CALL Present Et. Tom Terry, Mayor Mr. Murk Estes Dr. Michael Cathay Mr. ammen Sutliff Mr. Wilton White Mt. Nicholas Pestrikoff III =VIES of PREVIOUS MEETING N banunts FF04 aiiER mments GS V fSIONMI IS & ODRRESpad a - N3113 Absent Mr. Sven Haakansan (excused) Mr. Alex Panataroff, Jr. (unexnma Mr. Haakarmon was unable to get into Kodiak due to bad weather; Et. Panamaroff had been in town bit was reported to have returned to Xarluk,. In reply to Mather or not Mr. Panamaroff had advised the Clerk of his absence, the Cleric noted Misses not done. The absence was noted as being unexcused. A. Assembly - Regular Meeting - June 5, 1975 B. Assembly - Special Masi - June 19, 1975 - Mt. Sutliff mooed for approval of the minutes of Alm 5th and Jae 19th as presented, seconded by Mr. Pestrikoff Motion passed by unanimous roll call vote. A. Planning & Zoning - June 25, 1975 B. Health Besotsees - ,Ise 16, 1975 C. Bicentennial Commission - Jae 17th, 1975. Mr. Sutliff commented on the Planning & Zoning meeting and asked My the plat was not approved for the Vacation and Replat of Lots 24, 25, Russian Creek Sdbdivision. It was noted that the plat was not available for approval, however it was anticipated that this would be taken care of at the nett meeting. Pestrikoff moved to accept the minutes as presented, seconded by Mr. Sutliff, motion pawed by unannopus roll call mote. VT' PUBIS HEARD 7 A. Public Hearing on Ordinance No. 75 -16-0 (as amended at the Special Meeting of June 19, 1975) Reapportionoent of the Borough Asseibly. The ordinance was read by tills only as copies were available to the members of the audience. Mr. Estes moved to Ordinance No. 75 -16-0 as amended to put Anton Larsen Bay in close area and Qhiniak in the outlying area, seceded by Mr. White. The regular meeting was closed and the public hearing opened. The guastian was raised as to farther or not this suggested regnpertioomen would have any effect an the withdrawal of the village areas from the tiro* and it was noted that thi was a different matter. The was dismission on the nth of residents in the outlying areas, 1049 as compared to 1474 in the area enompassing the road system It was pointed out that originally the suggested Mange was the road systat mould be included in one district while the outlying Village areas would agnstitu another district. It was suggested and all agreed that the u7lniak area should remain in the road system and that Anton Larson Bay Should be listed in the Ordinance as well. The public !raring was closed. it Betas withdrew his original notion with the omaatt of the second and Mr. White moved for acoeotaloe in the second of Ozdlza ce No. 75 -16-0 to be amended to irrluds Anton Larsen Bay in area No. 2, and that Item "H" in Secticm No. 3, will be deleted from that section, seconded . Mr. Sutliff. tie rstlai was irk and a1 • manuring rot 1 Vote. Ebte ectia! is August 5, 1975. I® AS 1 LY l IaS - ULP 3, VIZ OLD BUSINESS Page 2 A. opinion from Borough Attorney Re: Tax Refunds - Ouzinkie - Mayor Terry was asked to give a resume of the opinion, noting that the taxes were apparently paid voluntarily and that the taxes were not appealed before the BCE and would therefore not be refundable. The status of the lands as they now stand was discussed in that all deeds that have been issued are "restricted deeds" and as such cannot be taxed. Mr. Pestrikoff stated that the people were advised by the Trustee George Gustafson: to obtain "restricted deeds" It has been established that the houses in question Chernikoff and Anderson are owned by those individuals. The Borough policy was explained-that no taxes were levied where the land was not owned haever the improvements were owned by individuals and were taxed. Mr. White suggested that the Borough follow the reoa mendations of the attorney and that the taxes not be refunded. Be further asked Mr. Pestrikoff tow the people in the villages felt and would they pursue this question. Mr. Pestrikuff said he thought that the people would bring this to court, and they will claim refund for past taxes, it will not be possible probably to flange what these people have started. Mt. White moved that the Borough Assembly follow the recommendations of the Borough Attoney in the matter of back taxes an restricted deeds - motion withdra by Mr. White. Mr. White ncved that the Borough Assehbly the reoamendations of the Attonw as outlined in the letter of July 3, 975 to the Borough Mayor regarding the refund of property taxes, seceded by Mr. Estes. /he go:strah was raised as to whether or not a recarmendatian was made and it was suggested that the word "policies" be inserted in place of "recommendations". Mt. Writs noted that the intent is to let the attorney for Mr. Anderson to continue this if he so wishes and the motion was to stand on that. The question was called and motion passed by following roll call vote: Mr. Sutliff YES; Mr. Estes YES; Mr. Pestriit NO; NY. White YES, Dr. Cathey YES. B. Letter from Tryck, Nyman & Hayes, Bob Sharpe - re: Contract for work on Available ?Linde for the Small Boat Harbor. This was in reply to previous request of the assembly to obtain the written documentation. A copy of a cantract was mailed indicating that the assignment was received by Greg Janes by telephone call from then Borough Mayor, C. Ross wood. The assanbly did not feel that this was an obligation of the Assembly and Borough as the Mayor did not have authority to make this commitment. Mr. Sutliff moved not to pay the bill, socaSded by Mt. White. Motion passed by tmanim us roll call vote; the bill is not to be paid. C. Ratification of New hers for Planning & Zoning - Ir. Terry no that he had interviewed individuals on the City's recnmended list and that he would go along with the City's reoanmendatico of Mr. Tan Hayden and Mr. Dan Busch. The Mayor was requested to read off the list of names as submitted by the City and noted that this date he had received additiaal calls from individuals wishing to serve on the Commission. Mr. Mite no that he would like to see sme -a an the ohunission that is involved in the develotmaht of the °humanity and would reammed Horace Si iris. There was considerable discussion an the appointment of members to the °mmissi°n that would be flexdhle enough to allow oantru°ticn without disturbing the amnmity planning. Mr. White moved that Horace Simms be appointed as one of the two city member on Planning & Zoning, seceded by Mr. Estes. The • called motion •- - -• • unanimous roll cat van. . Frost, ty Mayor, was In - •n •- - • •- upon than o-Mr. Ton Hayden 'c Mt. Wite maned that Mr. Hayden by appointed as the second city representative to the PlannvW Commission, seconded by Mr. Sutliff. Motion passed by naaninnus roll call vote. Ai" gsst..1l�. 1- 1.si VIII NEN BUSINESS - NINE LE MAYOR' REPORT A. Lease Requests - Mayor Terry noted the following requests had teen received in the office: City of Kodiak, renewal of Borrow Site Lease; Felton Cbnstrvctia renewal of Borrow Site Lease. Mr. White moved that the lease renewals be granted, seconded by Mr. Sutliff. Noted that the cross matrix: surveys will be due prior to the signing of the new lease. The question was raised as to the price and whether or not there %ere plans to increase this - noted that this will be looked into in the future. The question was called and motion passed by unanimous roll call vote. - ASSEMBLY- MEETING - JULY 3, 1975 Page 3 The third lease request is for land located in the Russian Creek Subdivision, submitted by Mr. Vetter and asking a lease for recreational use. The land has a small building an it and Mr• Vetter has been using this for recreation use for some time. The Planner recameded that the Borough make a decision on whether or not the Allotment Claim of Martha Taylor is recognized and if not the land and the other lots involved should be sold. If the claim is recognized the land should not be leased. Mr. White moved that the assembly concur with the recommendations of the planner and the Borough , r that the lease on Lot 18, Russian Creek Subdivision not be granted, seceded by D. Sutliff. Question called the motion passed by the unaninous roll call vote. B Code Menges Regarding Absences from Assembly Meetings - The Mayor suggested that domes be made in the Borough Cade that would set a specific amount of meetings that an assemblyman could miss before the office could be declared vacant. There was discussion on what would constitute an excused absence and all were in agreenent that the weather rho ld be taken into consideration. Mt. White moved that the Bozo •l. - • be = t o • - - the matter of- t0 _ =o. to s s ate more spec '1y =a is o - assemblymen at regular and special meetings and that a be able to miss no more than four called or regular meetings within a six month period and that the only valid excuse for missing a meeting would be inabili for a fli• t to came to Kodiak because of weather or mechanical unanimous roll call Cf Vote. C. Financial Disclosure Law - The Mayor asked that the Assarbly hold a special sleeting for a public hearing on the disclosure law to determine the feelings of the people on this law as it would concern Kodiak. Discussion followed on whether or not the Borough should propose a disclosure law written for the Borough and by this ordinance call for the question to be placed on the ballot. Mt. Terry noted that he had read through the KetcM kan ordinance and would suggested something on this order. Several individuals in the audience suggests that the Borough opt out completely from the requirements of this law. Mr Sutliff moved that the assembly accept Ordinance No 75-19 -0 in the first readin and that the question of outing out of the Disclosure Law requirements be placed before the voters with an alternate disclosure law that better fits the oommmity, weed by Mr. Estes. The question was called and motion passed by unanimous roll call vote. D. Chiniak Sdool - As requested by the Assembly, the Mayor presented a list of the names of children that could be expected to attend sdool in the rhiniak area next year. It is possible that the School District may have to acquire a trailer for a teacher's residence and further possibility that a generator may have to be purchased for electricity. Inquiries are being made to several companies regarding prices. E. Mal - practice Insurance for the Hospital - Sister Josephine Patti noted that as of June 16th the hospital was without malpractice insurance. Investigations are being made to 'etennine if this insurance is available at a price the hospital can afford. A further check is being to determine whether or not a $50,000 deductible clause could be incorporated in the policy and those lower the premium. There is proposed legislature that may give same assistance in this area. A meeting in Chicago this summer of all hospital association is expected to result in a drafting of model legislation to provide for mal- practice insurance for hospital and doctors. Many hospitals in the loner 48 and in same areas of Alaska are only admitting emergency cases simply because of the high rate of claims. Further dreck is being made to see if the Borough can limit the amount of a claim being made, the amount of legal d>arges and the limit on time to make a claim. F. Letter from Frank Buck Moore re Borough Action on Native Land Claims read by the Borough Mayor, noting that the letter had been received in the Borough Office too late to be placed on the agenda; however the letter requested that the Assembly reverse action taken at the Decerber meeting on the selection of the Wbody Island and certification of that village. Mr. Terry noted that it was his feeling that the Borough should do everything possible to insure the rights of lard acquisition to the City of Kodiak, Port Lions and Ouzinkie and the Borough for the expansion and reeds of the community. Mr. Pestrikoff stated that it had previously been the conoensrs of opinion that the Assembly would not pursue or act on anything that had to do with the Native Land Claims ACt as such. Mr. Sutliff noted concern about about the land that is watershed and the fact that apparently this has not been reserved. Further Mr. Sutliff noted that the Assembly has a responsibility to the people to protect their interests. The lengthy diAaissioh continued on the rights of the Borough to select and acquire land. The question was raised abort a bill presently in the mill that would ask for additional subsistence land and it was suggested that this was not the intent of the Native Land Claims Act. It was suggested that a meeting be scheduled with Koniag Corpotation to express the Borough's concern in this area, that being that the Borough is entitled to a certain anumit of land and a meeting to discuss land selections and positions. Concern was voiced that the Borough might possibly be supporting a village that was inn- existent. Mr. White moved with the concurrence of the Assembly that the Mayor be instructed to proceed in obtaining information tram whatever agety and attorney what is rewired to establish the Borough's position as to the selection of land within the Borough, arrange a meeting with the xaniag Corporati at the earliest possible date, for the purpose of general planning of lard needs and discussion about general distribution of lard In the Kodiak area, seceded by Mt. Sutliff. It was suggested that the meeting could be held Monday or Tuesday. Mr. Pestrikof in reply to the selection within the watershed, inked that the villages can select in the watershed, however the City would still retain the water rights. Sure was only a certain amount of land available and for the remainder of the village's selection, the village was required to go to the mainland. A member of the audience noted that there were several villages that were declared ineligible and that Woody Island was established without a public hearir and did not feel the Borough should continue to support this village location. Dr. Cathay suggested that the Borough take a neutral stand and confer that information to the AtW,.ney General who currently has information before him oahceming the vr.lidity of the village. It was noted that a special meeting will be called for Wednesday, July 9th, 1975, to discuss the work session held with Karla; and to establish the position of the Borough Assembly on %gray Islam and °trough selection and acquisition of land Motion passed unanimous roll :a: vote. XI ASSEMBLY COMMIS A. Mr. Pestrikoff asked whether or not the Borough had the power to prohibit the sale of fireworks. Noted that the Borough does have the power to regulate the sate of fireworks, however the second class city could also probably pass suds regulations. Dr. Cathay suggested that perhaps the fireworks could be hang by the Fin Department and that the display could be scheduled for the winter months when the nights are darker. Mr. Pestrikoff moved that the attorney draw up ati ordinance to bane the sale and use or tlreworxs on a non-permit bases in tne'Botttlln, seCa:nen ny W. wrists. Motion passed my unanimous roll call vote. ) , r . r '1 G 1 0 ASSEMBLY MEETING - JULY if 1975 Page 4 ni AUDIENCE 074SEt7.h 1S Nell Waage asked why there were so many items under discussion that were not on the printed agenda. The Mayor noted that several of the items were in his rea r because of lateness in arriving at the Borough Office or because of a need to seek direction from the Assembly before presenting ordinances or resolutions. XIII ADJOURNten Mere being no further business the meeting was adjourned at 11:15 P.M. ATTEST: 7 / , • � %4 / L Name L. Holt, Bororgli Clerk APPROVED( /7 � % 21.,-e w-e..c 7/ )---c--,------' Thomas D. Terry, Borough Mayor r