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06/28/1968KODIAK ISLAND BOROUGH ASSET1BLY ING - June 28, 1968 I CALL TO ORDER The meeting was called to order at 745 p.m. by Presiding Officer Jo Hajdu in the Auditorium of Kodiak Electric Association, Kodiak, Alaska. II ROLL CALL Present Sam Best, Chairman Mrs. Jo Hajdu, Presiding Officer Don Bullock Jim Barr Don Arndt III MINUTES OF PREVIOUS MEETINGS A. Regular Fleeting June 20, 1968 B. Special Meting -- June 24, 1968 REVISED AS OF 7/18/68 Absent Mrs. Betty Springhill There were no comments and the minutes were approved as written. Mr. Barr stated that although the minutes of June 6 had previously been approved, they contained an error in his statement concerning the City of Kodiak's previous water resources studies. Mr. Barr said that to the best of his knowledge the City had never accomplished a coarprehe - sive study such as the one proposed by the USGS. Ha did not say that the City had r:ade no studies. IV OTBE:R MUM A. Planning and Zoning Commission - June 26, 1968. There were no comments. B. School Boards June 20, 1968. The minutes were read. There were no continents. V COMMUNICATIONS - CORRESPONDENCE - PEOPLE TO BE HEARD A. Mr. Brasie re Native Allotment Applications in Bells Flats. Mr. Brasie stated that the Assembly had been sent copies of a letter from BIA concerning a Native allotment application. fir. Brasie said that he intended to construct a build on the property concerned, and asked why this item had been previously tabled by the Planning and Zoning Commission. Mr. Best stated that the Commission had tabled it because the information concerning it had ;.lot been complete. Mr. Best spoke to Mr. Main of the State Division of Lands on the telephone, and Mr. Main informed him that the Depart=ment of the Interior has no jurisdiction over this property, since it has been TA'd to the State and the Borough, and therefore neither the State nor the Borough recognize Native allotment claims: in this area, because the claims had been made after the TA was given. Mr. Best suggested that Mt. Brasie obtain an attorney if he disagreed with this. Mr. Brasie asked if the Borough would give him permission to build on the land. Mr. Best replied that the Borough would not give permission because he is in trespass on the land, and that if Mr. Brasie wished to force the issue, the Borough will take the necessary action to prove that he is in trespass. ir. Brasie stated that the letter he received acknowledged receipt of the Native allotment application and assigned it a number. Further, it gives until r 23, 1974, to make good use of the land and file good evidence of occupancy. Mr. Barr said that the Department of the Interior would accept most filings and assign numbers, but that they then determine whether or not the claims are valid, and if they are not, the numbers will be rescinded and a statement will be sent that the filing was made on an improper piece of land. Mr. Brasie said that the allotment had already been granted and the only necessity was to prove up on it. The corners had been staked and the claim filed almost one year ago. It lies within the present survey area and was staked before the present survey was done. Mr. Best repeated that Mr. Main informed him this is TA'd land, and that Native allotments can be made only on unappropriated land. He said that there are only two valid Native claims in the area belonging to Mr. Velanis and Mr. Berg. Mr. Best believes that a letter will be sent stating that this allotment application is not a valid claim. Mr. Barr stated that to the best of the Borough's knowledge, this land has been TA'd to the State and the Borough and is Borough property. Therefore the Borough has no choice but to file charges against anyone attempting construction in the area. After further discussion, lir. Barr moved that the Borough Assembly instruct the Borough Staff to obtain full information on the Taylor Native Allotment Claim in Bells Flats and give a complete and full report, with the Attorney's opinion, at the next Assembly meeting. Motion seconded by Mr. Bullock and carried by unanimous roll call vote. ASS MBTI -- June 2 X9681 5 2 B. Introduction of Frank � Sheratin, Chairman of Port Lions City Council. Mr Sheratin was introduced to those present. ` - VI PUBLIC HEARINGS None VII PLANNING & ZONING ITEMS VIII OLD BUSINESS D. A. Letter fran Jim Stansbury, Building Inspector, re Foundation Requirements for `°J" Occupancy Buildings in Rural Areas. Letter was read stating that Mr. Stansbury felt it is unreasonable to require continuous masonry foundations for these buildings, which include private garages, sheds, and agricultural buildings. He reoomn ended that the Building Code be amended to allow these buildings in conservation or unclassified zones, if they are only one -story, are not used for human occupancy, and do not exceed 1,000 square feet in area, to be constructed without masonry or concrete foundations if the walls are supported on an aprpoved wood or treated pile design. Mr. Barr asked Mr. Keiser if he could foresee any future problems if this amendment were accom- plished, and Jir. Keiser replied that he could not. Hr. Barr moved, seconded Mr. Arndt, that the Borough .roceed to take the necess- action to incorporate Mr. Stansbury s r - .-tion in - •■ •A • •- . Pticn carried by unanimous voice vote. A. Resolution 68-27-R Approving Vacation and Replatting of New Kodiak Subdivision, Blk 3, Lots 1 -6 -- ASHA (Case 112 -B) . The resolution was read. Mr. Bullock moved for its ad..tion, seconded • Mr. Arndt. Motion carried • unanu o s roll call vote with Mr. Barr -.staining •- ause of personal interest. B. Ordinance 68 -•9 -0 Adopting Portions of State. Administrative Cede Pertai to Water Su pplie s and Was Disposal The Assembly will receive pies of pertinent sections o State Administrative Code for fuelhe..r study. Hr. Bullock moved, seconded by Mr. Barr, that action on this ordinance be tabled until the next Assembly meeting. Motion carried unanimous voice vote.. C. T. T. Jackson Request for Special Inspector. Minutes of the Assembly meeting of June 20 were reviewed, in which Tor. Best reported that he had denied 9r. Jackson's request for a special inspector. Mr. Bullock said that he was dubious about getting a special inspector for any special purposes. Mrs. Hajdu said that the hiring of special inspectors would put the Borough into an awkward position. Mrs. Hajdu stated that according to the Borough Attorney, it was the perogative of the Chairman to make this decision. Approval of Final Plat of Subdivision of Lot 14, USS 3100 -- John Schreiner. Tentative final approval had been given this plat on November 2,,1967, subject to installation of utilities or posting of bond. Sanitarian's letter of approval of installed septic system was read. !1r. Barr moved, seconded by Mr. Bullock, that the lat be given final -a • - and that a resolution be drawn ��t ie Boroug Attorney. Maim carr -• by unanimous ro •- 1 vote. E. Letter from Harry Hulsing of USGS re Water Resources Study. The letter was read suggesting a smaller scale study on a cooperative basis for Kodiak. A mininnmi program of $3,000 to $5,000 per year, matched by USGS, would be a start to assess the water resources of the Kodiak area. He felt that this is of vital importance to Kodiak in order for plans to be made for the future. It s *as agreed that the Assembly should reconsider this program and that $5,000 Should be included in the 1968 -69 budget for it. This would cover at least a study of surface water. RZr. Barr said that the only study the City has rade are brief and one time only spot checks on streams, and results were obtained from that study by extrapolation. This is better than nothing but is a hazardous may of predicting water supplies. It is now known that the Pillar Creek estimates were too high. He thought it would be best to obtain actual runoff data. Mr. Best felt that Mr. Hulsing should be invited to Kodiak to ; discuss the matter further. He feels that the USGS people are dedicate and will do a good job. He said that Mr. Goodman, the City Manager, also feels thht this is a necessary study. After further discussion, Mr. Bullock moved, seconded • Mr. Barr, that the Assenbl invite Mr. Huls' to cane to Kodia% to scuss the proposed water resources study - and to incl •e e amount cf $5,000 in the 1965 -69 budget. Motion carried by unanimous roll call vote. F. Port Lions Land Use. Port Lions has submitted a land use plan to be invornorated into the Comprehensive Plan. A letter has been sent to the Council requesting their desires as to the Reed Oswalt sawmill request. Mr. Barr said that some people in Port Lions wish the Second Addition sale delayed until it is determined that the First Addition lots will sell. Mr, Best 1_'t that a separate survey for the Oswalt survey would be ill- advised. Mr. Barr stated that he is in favor of a sawmill locating there as long as long as the ASSEMBLY MEETING - June 28, 1968 3 area used is a wise land use Tars. Hajdu felt that the recommendations of the Port Lions Council should be followed. G. Village Land Use Plans. These plans are now being accomplished by the comprehensive planners. The Assembly may review them in the Borough Office if they wish. IX NEW BUSINESS A. Letter from Roy Madsen re Resignation. Mr. Best read the letter from Mrs Madsen tendering his resignation as Borough Attorney. He will continue to give legal service to the Borough until such time as another attorney can be found. Mrs. Hajdu suggested that the Chairman conduct a search for another attorney. Mr. Best said that he has already begun to do this, but has not yet found any leads. Mt. Arndt moved, seconded by Mr. Barr, that Mr. Mddsen's resignation be accepted subject to the conditions outlined. Motion carried by unanimous voice vote. Mr. Barr felt that if the situation is not solved within two months, the Borough should enter into a renegotiation with Mr. Madsen to see if he will reconsider his resignation. Mr. Best will dis= this with Mr. Madsen. B. Letter from Bristol Bay Borough Assembly re A Request for the National Park Service to Reconsider Its Objections to the Construction of a Road Through Katmai National Monument. The letter and a resolution concerning tlEi were read. Mr. Barr moved seconded by Mr. Bullock, that the Borough Assembly support Bristol Bay Borough Resolution No. 56. Motion carried by unanimous voice vote. C. Canvass of Results and Certification of Special Borough Sales Tax Election. Mr. Preston read the list of absentee ballots. After final tabulation the results were as follows: For, 325 - Against, 491 - Total Votes, 816. Mr. Barr moved, seconded by Mr. Bullock, that the tabulation and results of the election be accepted as presented. Motion carried by unanimous roll call vote, D. 1968 -69 Borough Budget. Mts. Hajdu explained that the budget is not yet finalized and a public hearing will be held on it before its adoption. Some changes which had been made in the budget as originally proposed were reviewed. It was pointed out that if the Borough Manager plan is elected in October, the Manager's salary of $18,000 would consist of the elimination of the Clerk's position ($13,200) and the Borough Chairman ($3,000), with the remaining $1,800 to be paid from the Contingency Fund. If the budget is passed in this form, the mill rate would be approximately 7.77. Mr. Stansbury inquired about the use of the ironies received from the ACS trailer court. !Jrs. Hajdu replied that these funds are dedicated in the budget to playgrounds, witiout earmarking any specific one. Plans must first be presented to the Assembly in order to obtain release of the funds. The matter of salaries of Assemblymen, Account No. 509.11 in the amount of $3,000 was discussed. These salaries were included in the budget so that the Assemblymen would be covered under Workman's Compensation in case of injury on Borough business. The amount of the salaries was not the issue, but rather that some amount be included in order to obtain the Workman's Compensation. Mr. Barr said if it could be done with a token salary of $1,00, it should be done that way. Mrs. Hajdu said that if it could not be obtained, that the salaries should be eliminated completely. Mr. Best said that he would explore this matter further. Mr. Bullock moved, seconded by Ir. Barr, that the Assembly members be given a monthly salary of $25.00 so that they may receive the benefits of Workman's Compensation. Motion carried by unanimous roll call vote. Mr. Barr brought up the subject of the Chairman's salary. He said that the Chairman devotes at least full time to the position of Chairman, and receives only a small compensation of $3,000. Since the position of Chairman is not effective if only a small amount of time is devoted to it, and since future chairmen might not always choose to devote a lot of time to it, Mr. Barr felt that the question of a Borough Manager plan should be placed before the voters. The Manager would then be hired by the Assembly as the City Manager is hired by the City Council. A professional person could be hired in this way, and would be properly compensated for the job. Kodiak is the only Borough which does not fully compensate its Chairman. This would make a more efficient organization, since an elected chairman is not chosen for his capability in administrating the government, but rather for his popularity. Mr. Barr moved, seconded by Mr. Arndt, that the Borough Assembly proceed insofar as they can to place the question of a Borough Manager type of government on the ballot for the regular election this fall. Motion carried by unanimous roll call vote ASSEMBLY MEETING - June 28, 1968 4 Pr. Best felt that the staff should have the authorization to go ahead and prepare the proper petitions and circulate them for the coming election. 1r. Peterson stated that he feels the villages do not get enough information and correspondence from the Borough to be well advised as to what is happening. Since a lot of the villagers do not read the nth ror, it was suggested by Mr. Sheratine that notices and information be posted in each village post office. Mrs. Tailis said she feels the Borough needs more advertising, such as talks and speeches with clubs and other organizations throughout the Borough. The possibility of a newsletter or fact sheet was discussed. Mr. Barr made a motion that the Borough Staff investigate the cost and various manners in which we can prepare a monthly newsletter for the Borough and rake recommendations for procedures and funding at or r for to the public hearing on the budget. He commented the t if this is done by publishi ertic1os in the Mirror that they must contain no editorial G' esl nts . The motion died for lack of a second. Mrs. Hajdu suggested that a newsletter :,•.ant to bo;tholde s might reach more people, since not everyone reads the Mirror. mr. Barr then moved, seconded by Dire. Bullock, that the Borough Staff investigate the publication of a monthly newsletter on Borough activities, the investigation to include methods of publication and costs, and a report th'reon be given at or prior to the public hearing on the budget. Motion carried by unanimous voice vote. After further discussion, Mr. Barr moved, seconded by mr. Bullock, that the regular meeting of July 4, 1968, be postponed until July 8, 1968, at 7.30 n.me at which time a public hearing will be he d on the borough budget as amended at this meeting. flotion carried by unanimous voice vote. Iir. Bullock said that he could not attend the July 8 meeting, but that the budget does meet with his approval. X CHAIRMAN'S REPORT A. Borough Sales Tax. "r. Best stated that he was upset because the sales tax did not *,ass, since the continued growth of the Borough will make it necessary to protect the property owners of the community. He suggested that along with the newsletter, the Assembly continue their efforts toi•iard the sales tax. Fe suggested that more information led to the public on the savings it would mean to 4 %em, and A go on recoid as desiring that the sales tax for school purposes again be put on the ballot for October. Mrs. Hajdu stated that this could not be done, since the Statutes require a waiting period of 12 months before it can -.fain be placed on the ballot. Mr. Barr did not feel that enough opinion could be changed in that emount of time anyway. Mr. Best felt that it is necessary to continue to present more information and data to the public on the sales tax, and will accomplish this thorugh the newsletter. B. Constitutionality of Weighted Vote. Mr. Best distributed to the Assembly copies of the memorandum decision handed down in the Superior Court concerning this matter. under the weighted vote system, the City representatives on the ne Assembly each have two votes in certain areas, since they represent a larger segment of the people. If the weighted vote is found to be unconstitutional, the Assembly would he reapportioned so that the larger number of people would be represented by a majority of votes on the Assembly. XI ASSE'1BLY C cfl1EI PS A. Mr. Arndt re Land Sales. fr. Arndt inquired what the present balance is on the State land sales. lir, Best replied that it is currently $52,000. r" !r. Best also cemented that the Borough receives all of the interest on the land sale payments. B. Mr. Bullock re Timber Sale. Mr. Bullock inquired whether the Shuyak timber had been sold. Mr. Best replied that it had not. Only the Federal timber on Afognak was sold. C. Mts. Hajdu re Land Sale Contract with Karluk Land Co. ±1rs. Hajdu requested a full report on the status of this contract. Mr. Best replied that he would have a written statement frc?rm the Division of Lands at the second meeting in July. XII AWOUPNr1E T - The meeting was adjourned at 11:00 p.m. ATTEST: APPROVED: Ti`' iai�� lfroai�inrr ('ffin,r