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06/03/1965 RMi KOD I SLA N D BOR ASSEMBLY REGULAR MEETING - JUNE 3, 1965 I CALL TO ORDER The meeting was called to order by Presiding Officer Russell Wright at 7:35 p.m. in the Courtroom. II ROLL CALL PRESENT ABSENT Russell Wright Fred Brechan ,Wilton White Dick Pace Tony Perez Also present: Chairman Powell, Attorney Madsen and Clerk /Treasurer, W.A. Sleness. III MINUTES OF PREVIOUS MEETINGS The minutes of Assembly Meeting of May 6, 1965 were read and approved as read. IV HEARINGS, ORDINANCES, AND RESOLUTIONS A. Resolution 65 -7 adopting the Borough Seal was read. Assemblyman Pace moved for adoption of Resolution 65 -7. Seconded by Assemblyman White. Passed unanimously on roll call vote. B. Ordinance 65 -4 adopting an election code had its first reading. A discussion was held. A motion was made to approved Ordinance 65 -4 on first reading. Seconded and passed unanimously on roll call vote. Assemblyman White made a motion the proposed changes as read by the Chairman be incorporated in Ordinance 65 -4 prior to the second reading. V OLD BUSINESS Proposed changes: 1. Strike the Naval Station as a polling place and also the Village of Afognak. 2. Change the dates as shown on the Ordinance to show the first reading of Ordinance 65 -4 was on June 3, 1965. 3. To check the number of signatures required on petitions of candidacy for School Board members and other candidates. 4. To change paragraph 5 regarding the number of election judges and clerks to be used in polling places other than Kodiak Precinct #1 and #2 to just 3 people rather than 3 judges and 2 clerks. Seconded by Assemblyman Pace and passed unanimously on roll call vote. A. Set date for Board of Equalization. Chairman Powell stated that written requests went to the Assemblymen asking if Tuesday, June 1, would be a satisfactory date. There were no objections heard in the Borough Office and the date was set for Tuesday, June 1. No meeting was held due to lack of a quorum. He stated the Assembly would have to set the official date themselves. A discussion was held about setting the date. Assemblyman White brought up the subject about forms for appeal being available whether the Assessor was in the office or not. Assemblyman White contested that the forms for appeal were not available when the assessor was not in the office. L heated discussion followed. Lssemblyman White stated that the assessor was not complying with the taxing ordinance. Assemblyman Pace asked Assemblyman White if he was complying with the Ordinance when he didn't sit on the Board of Equalization. Lssemblyman White replied, "No I didn't sit on the Board of Equalization. One night I didn't. I don't have to sit on the Board of Equalization. I sit on a lot of Boards around here and I come when I feel like it, not to the convenience of the Board. I come when it is my convenience." 0 f °1 1 7 9 KODIAK ISLAND BOROUGH ASSEMBLY MEETING - JUNE 3, 1965 Page 2 After further discussion, the date for the Board of Equalization was set for Tuesday, June 8, at 7:30 p.m. in the Courtroom. at B. Bonding Report. Chairman Powell stated that /the last meeting Resolution 65 -6 on bonding was accepted, but he was requested to find out about the bonding and report back to the Assembly. This was turned over to Clerk Sleness. He followed up the bonding requirements of the City and other Boroughs. Clerk Sleness asked Herb Richmond from Kodiak Insurance Co. to explain the bonding. Clerk Sleness asked that he be able to work with Mr. Richmond and ?r. Schott, School Superintendent, to come up with a plan. Mr. Sleness was asked to report on this at the next meeting. VI NEW BUSINESS A. Ben Bolden Suit against the Borough. Attorney Madsen read the complaint against the Borough. Attorney Madsen said that under the terms of his retainer with the Borough, litigation is not covered. The Assembly has the privilege to retain other counsel should they so desire. Action is required by the Assembly to retain Attorney Madsen. Assemblyman White made the motion to retain Attorney Madsen to represent the Borough in the action brought by Ben Bolden. Seconded by Assemblyman Perez and passed unanimously on roll call vote. B. Management Agreement with the State Division of Lands. Chairman Powell explained this briefly. Lands which the State will be selling in our area, the State will do the preliminary survey and through the sale itself. The State gets a percentage of the Sale to cover their cost and the Borough gets the balance. Copies are to be made by the Borough Secretary and sent to the Assemblyman. This should be on the agenda for the next Assembly meeting. C. City Dump. Chairman Powell stated that a group of Spruce Cape residents have retained Ely, Guess, Rudd and Havelock, more particularly David B. Ruskin of their firm to resolve this garbage dump situation on Spruce Cape. There have been some changes in the status of the dump. Chairman Powell read a letter from Mr. Ruskin asking the Borough to close the dump site or a suit will have to be filed against the Borough. Chairman Powell also stated that at a previous meeting the Assembly went on record that the Borough would not make selection for this site. Assemblyman White stated the City is anxious to get rid of this problem. Mr. Paul Stover of the audience was recognized and he discussed this problem. A discussion was held by the Assemblymen. Chairman Powell brough up the subject of the State Sanitarian at this time. The State legislature this year cut the budget for this particular Dept. He said that as it stands right now, Kodiak will lose the State Sanitarian as of July 1. He also said that before the Borough can get into health services, an election will have to be held. If the Borough joint ventured with the City and State, it might be able to be accomplished by Ordinance. Assemblyman White suggested that Chairman Powell pursue the Borough partici- pation in retaining the sanitarian. Assemblyman White brought the problem of the dump again. Assemblyman Pace stated that the best method is to go to the ocean. Assemblyman White stated the City will probably go back to contract on collection of garbage. D. Set date for special meeting to review school budget and preliminary Borough budget. It was decided to take these up after the meeting of the Board of Equalization on the same evening, Tuesday, June 8. E. Federal 701 Funds - referred from Planning and Zoning Commission. Chairman Powell stated he brought this to the attention of the P Z Commission in January in connection with an overall comprehensive plan. A letter from Ralph Jones, City Manager, dated May 13 to the P l Z Commission was read. The P & Z Commission will have to come up with a preliminary plan prior to application of funds. This was brought before the Assembly for their information. 0 1 1 7 9 KODIAI> ISLAND BOROUGI ASSEMBLY _ JUNE 3, 1965 Page 3 F. State Sanitation Officer - Discussion. It was stated that this subject was covered in the discussion of the City Dump and Chairman Powell was asked to pursue this further. Assemblyman White asked, regarding budgets, what the situation is for both the school and Borough regarding the audit. Chairman Powell stated this was being pursued and as yet there are no recommendations for the Assembly. John Butler is working with the Borough on this. Assemblyman White brought up that a firm is now in town auditing the City. VII BOROUGH CHAIRMAN N RE ORT AND CORRESPONDENCE A. Retirement Plan. Chairman Powell stated that he had received a call from NBA trust officer. They are pursuing a retirement program for mtanicipalities and political agencies around Alaska. The trust officer was not aware the Borough had already joined with the State in a retirement program. Chairman Powell was furnished with a booklet and this was passed around to the Assembly members. A discussion followed. B. Letter from City regarding personal property tax. Chairman Powell stated only a letter had been received from the City Manager. There has been nothing to back it up. The Borough does not received the minutes of the City Council any more. Chairman Powell read the letter. The Borough has nothing to show what date the Council took action or that a resolution was passed. Our office should have something a little more formal than an informal letter from the City Manager's office. Chairman Powell stated he would call Mr. Jones and ask for the minutes or resolution. A_sseirblyman White stated he noted we were not receiving City Council minutes and he said he would request we be put on the mailing list. Assemblyman White stated he could assure formal action was taken by the Council. Chairman Powell stated he realized this action precludes the Borough collecting the taxes on the personal property within the City on that share of the taxes that would normally go to the City. However, does this preclude the Borough from collecting taxes within the City for the Borough's expenses. Assemblyman White asked what Chairman Powell meant. Attorney Madsen asked what would be the purpose of the City paying the Borough anything since they are making up what the Borough is losing. Assemblyman White stated that there was no reason to hassle with the City about the personal property tax as long as the City makes up the amount equal to what the tax for personal property within the City would be. C. Other Correspondence. A letter from Ron Cease, Loal Affairs Agency, was read regarding Senate Bill 101. They would liek comments. Senate Bill 101 is a consolidation of Title 29 municipal government. Chairman Powell stated he would review this and present them to the Assembly before sending any comments to Ron Cease's office. Chairman Powell stated Clerk Sleness wrote a letter to Dept. of Revenue asking for a recap of funds which had been paid to the Independent School District because of attempting to anticipate sources of revenue that would be coming to the Borough. A letter dated May 20 from Dale G. Williams, Deputy Commissioner was read. A letter was read from Roscoe N. Courtney, Chairman State Bond Committee requesting the total general obligation indebtedness for the Borough and School District combined. He stated our office would give Mr. Courtney: the information he requested. A copy of a letter from Harry R. Powell & Associates, Consulting Engineer of Seattle, addressed to the Mayor, City of Kodiak regarding the Near Island Bridge was read. o KODIAK ISLAND BOROUGH ASSEMBLY MEETING JUNE 3, 1965 Page 4 A copy of a letter from Mr. A.H. Maytubby, BIA, dated May 24, 1965, addressed to Gust Reft, Sr., President of Karluk Village Council was read. This was in answer to some questions Mr. Reft had asked. A discussion folled and this was referred to Attorney Madsen for an answer. XIII MINUTES OF BOARDS Fe COMMISSIONS A. Planning and Zoning Commission Minutes L1 ADJOURNMENT May 19 - Discussion meeting only - no quorum. Assemblyman White asked if this was a one mile strip around the Island. The Stockman!s Association wants it reopened for development. A discussion was held on this. Correspondence regarding this was read. May 26 meeting. Assemblyman White moved that the Borough Assembly ask the Planning and Zoning Commission in their actual recommendation to consider the possibility of the use of selected areas for purpose of settlement, recreation, or other habitual uses. Seconded by Assemblyman Pace and passed unanimously. A discussion was held on State Dept. of Highways variance. Mr. Paul Stover in the audience was recognized to speak on this subject. A lengthy discussion followed. Assemblyman Pace moved this be tabled until the Assembly receives further opinion from Jim Barr. Died for lack of a second. Another lengthy discussion followed. Assemblyman Pace moved that the Assembly concur with the decision of the Planning and Zoning Commission. Seconded by Assemblyman Perez. Passed 3 to 2 on roll call vote. Assemblyman White questioned who the developers were and what the requirements were for the land coming up for sal by the State. A discussion followed. The meeting adjourned at 11:20 p.m. Respectfully submitted, Jan M. Williams Borough Secretary