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09/05/1968 RMKODIAK ISLAND BOROUGH ASSE4W Y NESTING - September 5, 1968 I CALL TO ORDER The meeting was called to order at 7 :40 p.m. by Presiding Officer Jo Hajdu in the Courtroom of the New State Office Building, Kodiak, Alaska. II ROLL CALL Present Absent Sam Best, Borough Chairman None Mrs. Jo Hajdu, Presiding Officer Don Arndt Jim Barr Don Bullock Mks. Betty Springhill Also present: Jim Stansbury, Building Inspector; Mrs. Edith Ia mire, P &Z Commission Member; Bob Childs, Chairman, Hospital Board; Bob Steamers, Assistant City Engineer; and approx. 6 people in the audience. III MINUTES OF PREVIOUS NEETIEW A. gum Meeting - 8/15/68. Rev. Bullock questioned the omission of a word under Par. VI -A. The minutes should read " . . . since an election had not been held the second year . . ." There were no other comments, and minutes were apppoved as corrected. B. Special Meeting - 8/29 -30/68 (not yet completed) IV OTHER MINUTES A. School Board - 8/26/68. Mr. Best briefly reviewed the minutes. A discussion was held on the proposed purchase of carpet for the music roan. Mrs. Hajdu objected to it because the School Board had previously stated that everything listed in the budget was absolutely necessary, and if the carpet were purchased, if would mean either that the budget were over-expended, or that sane other item was not needed after all. Mrs. Springhill stated that the Board has not yet decided if there will be sufficient funds for the carpet, and it has not yet been ordered. tor. Best has written to the State Department of Education inquiring if the Northland Camps building for the Akhiok School will meet the Bldg. B. P &Z - 8/28/68. Mr. Best =rented that the meeting with Pratts and Erdinans Code concerning their trailer courts had been postponed until September 9. C. Hospital Board 1. 8/14/68. No cements. 2. 8/29/68. These minutes show the additional equipment which will be needed. So far the cost is still within the amount budgeted. Mr. Best stated that the l*a9e contract was being revised, and would be ready for final approval at the next meeting. V COMMUNICATIONS AND CORRESPONDENCE A. Mr. Chamberlain re Use of Water on Borough Property. Mr. Chamberlain's letter: of request was read, together with Mr. Carter's letter of non - objection, and a letter from Howard Keiser recommending that a properly designed septic tank be used, rather than a gas or oil tank. It was agreed that the City's "Permit for Use of Public Property" form could be used in this case, for a period of 5 years, renewable for five -year periods, and containing a 30 -day revocation clause. After further discussion, Mr. Bullock moved, seconded by Mrs. Springhill, that the City's permit form be used and Mr. Chamberlain's request be granted. Motion carried by unanimous . voice vote. VI PUBLIC HEARINGS A. Ordinance 68 -15 -0 Rezoning Baranof Heights Blk 4 Lots 7 -9 and Blk 7 Lots 6 -9 from R -2 to R -3 - Derald Schoon (Case 204 -A). The ordinance was read by title only. Mr. Bullock moved that the ordinance be adopted in the second reading, and that the rules 'reguiri yr the ordinance to be read in full be suspended. Motion seconded by Mr. Barr. The meeting was recessed and the public . hearing opened. The planning & Zoning Commission's reo:1mendation that these lots be rezoned was read. There were no convents, and the hearing was closed and meeting reconvened. It was noted that the dates of hearing, passage date, and effective date would have to be changed. Motion carried by unanimous roll call vot- n r; .q l 4 ASSE.1BLY MEETING - September 5, 1968 2 B. Ordinance 68 -16 -0 Rezoning Various Parcels to Public Use. The ordinance was read by title only. Mr. Best stated that these sites had previously been designated for public use, but had never officially been ,'o rezoned. Mr. Bullock moved, seconded by Mr. Barr, that the ordinance be adopted in the second reading. The meeting was recessed and the public hearing opened. Mr. Weisser inquired as to the location of the Chiniak school site. The man wes studied, and Moir. Best stated that the site was approximately 10 to 15 acres in size. Public use of these lots would mean possible construction of public buildings such as the State building, schools, playgrounds, parks, etc. There were no further comments, and the hearing was closed and meeting reconvened. Mrs. Springhill asked if this woy;ld interfere with Mr. Weisser's property. He said that it would not. The lccation of the Chiniak school on a cliff site was questioned. It Nns stated that a central location was needed, and that the State Division of Lands had found this site suitable. Motion carried by unanimous roll call vote. VII PLANNING & ZOWIN , ITEMS A. Resignation of Mrs. Longmire from P &Z CcnTnission. Mrs. Longmire's letter of resignation and Mr. Best's letter of acceptance of the resignation were read. Mr. Best's letter to the Commission was read, stating that acceptance of Commiss_q.;ers' resignations was the perogative of the Borough Chairman, as outlined in AS 29.10.270, and that although they had refused to accept Mrs. Longmire's resignation, he did accept it. Mrs. Longmire's reason for resignation was that she will be out of town on vacation for three months, and she did not feel that it was fair the community to leave the seat vacant for this period of time. Mrs. Hajdu commended Mrs. Longmire for her faithful attendance at P &Z and Assembly meetings. Mr. Bullock moved, with reluctance, that the acceptance of firs. Longmire's resignation be confirmed. Motion seconded by Mr. Barr and carried by unanimous voice vote. B. Confirmation of Appointment of Wilda Dellis to P &Z Commission. Mr. Best's letter of appointment was read. Mrs. Springhill moved for confirmation of the appointment, seconded by Mr. Arndt. Mt. Barr asked if consi•3eration had been given to appointing an individual from one of the villages to serve as a seventh member of the Commission. Mr. Best stated that the Commission had requested a seventh member, but that he felt a smaller group works more efficiently. He would consider suggestions for an individual fran one of the villages to serve as a seventh member; however, this person would have to pay for transportation to and from meetings. Motion carried by unanimous voice vote. C. Confirmation of Re- Appointments of Harry Wallace and Ernie Brothers to P &Z Commission. It was explained that these terms had expired. The letters of re- appointment were read. Mrs. Springhill moved for confirmation of these re- appointments, seconded by Mr. Bullock, and carried by unanimous voice vote. VIII OLD BUSINESS A. Resolution 68 -31 -R Placing School Bond Issue on October 1 Ballot. The resolution was read. Mrs. Springhill asked why the propositions had not been worded to preclude ending up with a swimming pool and no classrooms. Mr. Best stated that it could not be worded this way, because it would be possible to end up with a majority on two different items. If the auditorium and swimming pool passed, and the classrooms did not, the Borough would not be obligated to sell bonds. iylr. Bullock felt that the voters would pass on the swimming pool, but not on the classrooms, which are badly needed. It was agreed that a good publicity campaign on the need for the classrooms was vital. A newsletter will be published concerning this, and the information will be released to the Mirror. Mt. Arndt stated that the School Board will get in touch with the parents to try and sell the bond issue. Mr. Bullock asked if television time could be obtained for advertising. It was agreed that since it was not legal for the Borough to spend its own funds to advertise, that those in favor of the bond issue should get together and support an advertising campaign. Mrs. Springhill objected to the legal wordiness of the propositions. ? -r. Best stated that legally they must be so stated. Mr. Barr and Mrs. Hajdu felt that it should be left up to the community as to whether they want the classrooms and the swimming pool and auditorium, or only the latter two, since it is their money which will pay the bill. Mr. Bullock and Mrs. Springhill were in favor of all the items being included in one proposition, but the others felt that it would fail because the taxpayers are already disturbed about the latest tax increase. Mr. Barr thought that the bond issue might not pass even though it is listed in three separate propositions. She School Board agreed to this form of presentation. Mir. Beer r I ASSIi+IBLY MEETING - September 5, 1968 3 felt that the taxpayers would have to decide whether they want their children to double shift at school for a year or two, because this is what will happen if the bond issue does not pass. P -rrs. Springhill stated that it would be possible to lose accreditation in such circumstances, which would keep students from attending accredited colleges. Lir. Barr felt that after the students had double shifted for a year or two, that the bond issue would finally pass, if it does not do so in October. !firs. Springhill felt that if the swinmi.ng pool and auditorium would add only 3 mills to the mill rate, in addition to what it would be for the classrooms, that all of the questions should definitely be in one package. Fors. Hajdu felt that the additional 3 mills might be just enough to prevent the bond issue from passing. The possibility of the mill rate decreasing in the future was discussed. Fors Bajdu felt that even if the tax base increases, the school enrollment and costs will increase also, and therefore no drop in the mill rate should be anticipated. Mr. Best stated that if all the propositions are passed, and the State bond issue passes in November, we could expect funding of $264,000 from the State. Also, there might be some funding available for the swimming pool. The question was raised as to whether the School Board had reviewed the resolution. Mt. Best stated that he had written and telephoned Mr. Schott, and had also discussed it with one of the School Board members. Mrs. Hajdu stated that in order to have the bond issue on the October 1 ballot, the resolution would have to be passed at this meeting in order to meet the necessary deadlines. Mr. Barr moved for adoption of the resolution, seconded by Mr. Arndt. Motion carried by unanimous roll call vote as follows: Mrs. Hajdu - Yes; Mr. Arndt - Yes; Mr. Barr - Yes; Fir. Bullock - Yes; Mrs. Springhill Yes. B. Resolution 68 -32 -R re Proposed Sale of Aleutian Hcmes by HUD. The resolution was read. Mrs. Springhill objected to the fact that the City's resolution called for upgrading of the project before the sale to ASHA, whereas the Borough resolution allows the upgrading to be covenanted into the sale, as long as it is completed before sale to private individuals. Mr. Best stated that his position was in favor of the projcct.•eing upgradea.only before the sale to private individuals, and not necessarily before the sale to ASHA, since ASHA might be able to more easily provide the necessary funds than HUD would. Some anticipated funding for the project was mentioned in the ASHA annual report. However, Mr. Stansbury has received word from both ASHA and HUD that there is no money available and no intentions for any upgrading. After further discussion, Mr. Arndt moved for adoption of the resolution, seconded by Mr. Barr. Motion carried by roll call vote as follows: Mrs. Hajdu - Yes; Mr. Arndt - Yes; Mr. Barr - Yes; Mrs. Springhill - No; Fir. Bullock - Yes. C. First Reading of Ordinance 68 -17 -0 Amending Code to Permit One Budget Document. The ordinance was read by title only and distributed to the Assemblymen. Mr. Best explained that previously it took two ordinances and a resolution to accomplish adoption of the budget. This amendment puts both the appropriation and levy into one document, thus simplifying the required paper work. Mr. Barr roved for adoption of the ordinance in the first reading, seconded by Mr. Arndt. It was noted that the word 'principals' was misspelled on page two, under Section (d)'•. Motion carried by unanimous roll call vote. Mrs. Springhill suggested that a copy of the ordinance be sent to the School Board. It was explained that a public hearing will be held on the ordinance at the next meeting and that it is available for the School Board to review if they so desire. D. First Reading of Ordinance 68 -18 -0 Amending Election Ordinance. The ordinance was read by title only and copies were distributed to the Assemblymen. The ordinance amends the Borough election ordinance to require only 10 signatures on petitions, as is now required by State Statute, and makes a correction in the voter qualifications - -an individual is required to have lived in the Borough for 30 days prior to the election, but not necessarily in the precinct where he votes. Mr. Barr moved for adoption of the ordinance in the first reading, seconded by Mir. Bullock, and carried by unanimous roll call vote. E. Preparation of Guidelines for Relationship Between School Board and Assembly. Mrs. Springhill asked why this was necessary. Mr. Barr stated that the Statutes leave certain areas undefined as to which responsibilities the Assembly wishes to keep and which ones they wish to delegate to the School Board. The Assembly could control all matters except maintenance and design personnel. Or, they could delegate all authority except the actual awarding of contracts. Mr. Barr said that the main area for preparing guideli nos is that of construction. Mt. Barr had prepared a rough outline on guidelines for discussion. His first suggestion was that the school obtain approval from the Assembly for expenditures 1, 0 4 1 3 ASSEMBLY MEETING - September 5, 1968 4 which are not in the budget, and for overexpenditures . M4r. Bullock and Mrs. Springhill thought that the Assembly could not legally question line items in the Sdiool Board budget. Tors. Hajdu's concern was that the school budget be a meaningful document and that it outlines what is actually happening. Since the Borough does the taxing, it has a strong responsibility for reviewing the school budget and making sure that the expenditures are justified. Mr. Bullock asked for a review of the Statutes on this matter, and a recess was called. After the meeting was reconvened, Mr. Bullock moved, seconded by Mrs. Springhill, that further discussion on this item be tabled until the end of the meeting. Motion carried by unanimous voice vote. IX NEW BUSINESS A. Approval of Tax Adjustments P 68 -9, R 68 -7 thru R 68 -11. Mrs. Hajdu commented that the reasons for the adjustments were either errors in arithmetic or in location of property. A letter from ASHA was read stating that the property of Frankie Louise Soldan had been taken by their agency in 1964. It was noted that these taxes had not been paid and so no refund was due. A correction was noted in the name of this property owner. The correct name is Frankie Louise Soldan, rather than Frank and Louise Soldan. Mrs. Springhill moved, seconded by Mr. Bullock, for approval of the tax adjustments as presented. Motion carried by unanimous roll call vote. X CHAIRMAN'S REPORT A. August Expenditures and Vouchers. There were no objections to the expenditures as presented. B. Letter from Tryck, Nyman & Hayes re Printing of Phase I of Comprehensive Plan. Mr. Best stated that the number of copies to be printed is not included in the contract, but that he understands ASHA alone will want between 50 and 100 copies. He feels that the Borough should have a total of 500 copies. If Tryck, Nyman & Hayes agrees to print 100 copies as part of the contract, then 400 extra copies at $10.00 per copy would be required. Mrs. Hajdu felt that Tryck, Nywand& Hayes should have been aware of ASHA's requirement, and that we should ask for 500 copies at the contract price. Mr. Best will proceed along these lines. C. Camper Park. Mr. Best reported that Lot 3 of USS 3462 does belong to the City of Kodiak. This lot and Tract B of Miller Point Subdivision, which belongs to the Borough, had been discussed as possible camper park locations. Mr. Barr asked if the Borough could not offer one of the areas for lease to a private individual, since without recreation powers the Borough could not operate a camper park. Mrs. Hajdu stated that if leased to a private owner, no matching funds would be available, and the individual would have to fund the park entirely on his own, which might be a problem. This matter will be reviewed again when the Parks and Recreation Study Committee's recommendation on the Borough's adoption of the parks and recreation power is received. D. Green Amendment Concerning ASCAP. Mr. Best stated that he is going to Anchorage on September 10 to attend a meeting called by the Office of Economic Opportunity regarding resolution of whether ' ASCAP will remain on a State level or will be organized at the local level. Mr. Best stated that the Borough has a good working relationship with the local ASCAP office in Kodiak. However, he felt that a duplication of effort should be avoided between the two agencies. XI ASSE4BLY C k'iMETTPS A. Mrs. Springhill re Public Hearing on Land Use Plan of Phase I of Comprehensive Plan. Mrs. Springhill asked what the date of the hearing was. It will be held on Wednesday, September 11. It was explained that the zoning map recommended by Tryck, Nyman and Hayes cannot be adopted until after proper notice and public hearing, and that the hearing on September 11 is on the land use plan of 1999 rather than the recommended zoning map. It would even be possible to accept the Comprehensive Plan and not adopt the recommended zoning map. Tryck, Nyman and Hayes is handling the obtainment of an extension of time on the Phase I deadline from ASHA. B. Replacement of Borough Clerk. Mrs. Hajdu suggested that the applicant now employed by the Local Affairs Agency be asked if he would be qualified to oversee the bookkeeping and secretarial work. She felt that the vacancy in the Clerk's position should not continue indefinitely. P4r. Best stated that he had been holding off on the Assessor's pcsi tion since he expected more applications to come in. o n r ; i O 4 13 7 ASSEMBLY MEE'Tfl - September 5, 1968 5 XII AUDIENCE (MUMS A. Eligible Candidates for Borough Assembly If Annexation Is Successful. The question was raised as to whether any information had been sent to Chiniak concerning this matter. A letter will be sent to the Chiniak Cc munity Association concerning this. If annexation should be successful, only those individuals residing outside of the annexed area will be eligible to run for the Borough Assembly. Air. Barr's seat would then also become vacant. B. Jim Stansbury, Building Inspector, re T. T. Jackson Trailer Court. Mr. Stansbury reviewed several problems with this trailer court, including the lack of testing of water pressure in the water line installed in November, 1966, as well as the lack of approved plans and specs for the line, Also, Mr. Stansbury stated that Mr. Jackson has proceeded without regard to the requests of the Borough Chairman, Building Inspector or Sanitarian. He has recently begun construction on a new sewer line, for which no plans were submitted and no approval obtained. People across the highway are being hooked into the line. Mr. Stansbury continued that Mr. Jackson has led the State Health Department to believe that- Mt. Barr was the engineer for the line, but Air. Barr has said that this is not a fact. Mr. Jackson disregarded a letter written to him by I4r. Best outlining the correct procedure for installing the line, and has gone ahead with installation, which Mr. Stansbury has reason to believe has been accomplished improperly. Iir. Stansbury issued a stop work order on the line on August 19, 1968, pending approval of plans, but the order was ignored. Air. Stansbury requestea that the Assembly direct the Borough Attorney or an attorney to take action to restrain Mr. Jackson from expanding the trailer caurt or the other facilities being offered to people outside the court until plans have been submitted and approved as required by State Statute and by the Borough Code. Also, Mr. Jackson had been asked not to place any additional trailers in the court without first obtaining approval of the spaces. In the last month, two trailers have been placed in the court on new spaces without any approval. Mr. Stansbury felt that Mr. Jackson should not be allowed to enjoy privileges that others are not, and that he should be required to go through the proper procedures, as others are being required to do. He stated that it is ridiculous to have the Borough ordinances completely flouted in th s way. Mr. Best stated that MIr. Jackson had called and asked for approval of two additional spaces, and Mr. Best had refused this approval, since Mr. Jackson had previously agreed to limit the court to 47 units. Air. Stansbury read a letter which he had prepared to fir. Jackson stating that legal action was being requested by Mr. Stansbury against the court. This letter had never been mailed because the Attorney said that he would not pursue it. He felt that the sewer line is a step toward progress, since it is getting the sewage off the ground. Mr. Stansbury said that it would be fine if the sewer line worked correctly. Mr. ierr stated that an improper sewer line is worse than none at all. Mr. Lest stated that he had done everything he could think of to help Mr. Jackson proceed in the proper manner. After further discussion, Mr. Bullock roved, seconded by Mr. Arndt, that on the strength of the Building Inspector's report, that appropriate steps be taken by the Borough Chairman and whoever else is necessary to restrain Mr. Jackson from going any further, including legal action, until adeegaate plans are shown and compliance with his permit is followed through. Mr. Best stated that he will ask Mr. Ruskin to act on the Borough's behalf in this case. Mr. Barr stated that since his firm has served Mr. Jackson, he should abstain from voting. Mrs. Springhill commented that she did not feel that the Borough has a pat case against I ir. Jackson. She asked if plans have been submitted. Mt. Barr stated that his firm prepared as -built plans and that recently some proposals had been added to them which he did not think had yet been submitted to the Borough. Mr. Bullock felt that : ",r. Jackson should be required to follow proper procedure. Fir. Barr felt that it would cost I4r. Jackson less to follow the correct procedure for installation. Motion carried by roll call vote as follows: i1rs. Hajdu - Yes; Mr. Arndt - Yes; Mr. Barr - Abstained; Mr. Bullock - Yes; Mrs. Springhill - No. VIII E. Preparation of Guidelines for Relationship Between School Board and Assembly. (continued). Mrs. Springhill suggested that Air. Barr review his suggestions with Mr. Best and that this item be tabled. Mr. Barr stated that he needed an indication of the Assembly's desires before proceeding. The State Statutes regarding this matter were reviewed. The School Board is to present their budget to the Assembly by April 1 of each year. The Assembly must appropriate funds within 30 days, or the amount requested is automatically approved. The Assembly is to decide location of school buildings upon recommendation of the Board. The Board is to choose an architect and to present designs to the Assembly. The Board is to provide custodians add routine maintenance. The Assembly is to approve construction and major repairs upon the recommendation of the School Board. 1 f) 0 1 I • "i •, ASSEMBLY MEETING - September 5, 1968 6 Mr. Barr outlined the six points which he suggested as guidelines: 1) The School Beard should obtain prior and specific approval for items not in the budget or for overexpenditures. 2) The School Board should submit plans and specs for construction and for additions and repairs which normally require building permits to the Building Inspector for approval prior to advertising for award or construction. 3) The School Board should submit line drawings, preliminary plans and final plans, each with cost estimates, for Borough review and Assembly approval for all new construction and for revisions or additions that create or delete more than one room or cost over $10,000. 4) The School Board shall handle all arrangements including bidding but not the award of contract, which they shall recommend to the Assembly. 5) The Assembly shall award contracts for construction and design. 6) The School Board shall be responsible for supervision of construction. Change orders in excess of 2% shall require Borough approval. Mrs. Springhill thought that these suggestions were not unreasonable and that the School Board might have further ideas. However, she felt that the attorney's opinion should be obtained on Point ji1, since it concerns budget line items. She felt that the point raised concerning the Akhiok School had been well taken by the School Board, and that their action had occurred through a mis- understanding. She felt that guidelines would be an advantage, since it appears that the School Board is sometimes careful in obtaining Assembly approval and sometimes is not. Mr. Best will get copies of the proposed guidelines out to the Assemblymen and the School Board and will discuss them with Mr. Schott. A work session with the Board was suggested. Mr. Bullock emphasized that these guidelines are only tentative at this point. XIII ADJOUR�1ENP - The meeting adjourned at 11:20 p.m. ATTEST: APPROVED: Sally Hendrix, Acting Clerk G.S: Best, Borough Chairman ADJUSTMENT TO BE APPROVED BY ASSEMBLY ON SEPTEMBER 5, 1968 Adj. No. Name P 68 -9 Boyd, Bob B. & Georgia 13.13 R 68 -7 Unknown Owner .66 This property was listed to an un- known owner, this property actually belongs to the Borough. R 68 -8 Eggemeyer, Marlyss & James .79 R 68 -9 Wright, Russell R 68 -10 Soldan, Frank & Louise 1,317.57 R 68 -11 Nelson, John & Hazel Amount Reason Property is located inside of the City and we had them outside of the City. This tax should be 99.40 instead of 98.61. 16.53 This tax should be 46.22 instead of 62.75 A. S. H. A. obtained title to this property on Nov. 24, 1964. This property has been taxed under the name of Soldan. Adjustment for 1966, 1967, and 1968. 1966 $343.39 1967 $393.51 1968 $580.67 Total 1,317.57 3.65 This property blongs to the community or the City of Port Lions. Error was made in the transferring of the title from the patentto our property cards.