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01/02/1969 RMr) ADJUSTMENTS FOR THE ASSEMBLY MEETING OF 1/2/69 1/2/69 Adj. No. Name Amount Reason P68 -31 Elsenbast, Carl & Marilyn - $12.94 Filed for bankruptcy. KODIAK ISLAND BOROUGH ASSEMBLY MEETING - JANUARY 2, 1969 I CALL TO ORDER The meeting was called to order at 7:30 P.M. by the Presiding Officer Don Bullock in the Courtroom of the New State Office Building, Kodiak, Alaska. II ROLL CALL Present Dan Bullock, Presiding Officer Mrs. Jo Hajdu Mrs. Betty Springhill Don Arndt Jim Barr Also present: Mr. Roy. Ian, Attornays Jim Building Inspector, Mr. Ray Burt, Mr. Curt Lyons, Mr. Wilton White, Mrs. Lorna Arndt and about five people in the audience. III /MUMS OP PREVIOUS MEETING A. Regular Meeting_- December 19, 1968 - No corrections or additions being stated the minutes were approved as presented. IV Ovum mums A. Work Session - December 16, 1968: Corrections are as noted: Add the underlined words to Paragraph 7, Item A - Page 1 -- "Mrs. Hajdu pointed out that the 2% .' Sales Tax was voted down. Altho , Ci Council has .: = sed an ..0 otai. 2% Ci { �S. Sales Tax the City as a .. t ,1 ty 10 1,11 Q S. L i L . • 1� �{C. it . - a .... idea to put the 2% Borough Sales Tax to support the schools on the Ballot again. If so advertising should be done well in advance. B HOE minutes - December 19, 1968 - The minutes were droved as presented. V COFFESPONCENCE AND APPEARANCE REQUESTS A. Roy Madsen re John Cole Claim: Mr. Madsen appeared at the Assembly's request to give his opinion as to the Borough's liability in the Cole Claim. The background of the case was reviewed. Mr. Cole's attorney has written suggesting that a settlement of $1,000 could be reached at this time as Mr. Cole is out of the State and does not plan to return until sometime in June. Mr. Cole has claimed that the Borough did not give him the agreed upon notice of 90 days prior to terminating his contract. He was also asking for the vehicle allowance that was not paid for the three months of March, April and May of $175 per month. This amounted to a total of $4,125 plus attorney fees and court costs. W. Madsen stated that the first offer received from Mr. Clouse was to settle for $2,500 which was half of the original suit in November, 1966. The Borough refused this settlement and a later letter suggested a settlement of $1500. In March, 1967, Mr. Dave Ruskin stated he thought he could persuade the Borough to pay $400 or $500. Mr. Madsen stated he had talked with Mr. Clouse in Anchorage about trying to get this settled and now a letter has been received with a suggested settlement of $1,000. It has oome down to the point where any settlement would have a nuisance value and Mr. Clouse has left the door open for a compromise. Mr. Madsen was of the opinion that it is sometimes better to pay a small amount instead of gambling on a larger cost because of a principle. It is possible that the amount of $500 would be acceptable to Mr. Clouse and his client. Mrs. Springhill asked if there was anything in writing concerning this and was informed that a statement has been received frost Mr. Powell concerning a mutual agreement between Mr. Cole and Mr. Powell that a 90-day notice was to be given in the event of termination of employ- mint. This was a verbal agreement and there is nothing in writing. Mrs. Springhill asked if this agreement would be binding to the next Borough Chairman. It was stated that being a elective office the new Chairman cannot be bound by the preceding Chairman's agreement. The Borough Chair- man did continue Mr. Cole's employment for five months after the Chairman's election and then did summarily dismiss him. It was stated that the Borough Chairman should find out what the policies of his predecessor had been and in the event he changed those policies the employees should be so notified. Mr. White stated that he had discussed the general outline of the workings of the Borough with Mt. P+rowell and he had no knowledge of the ASSE ,Y PamETING - JANUARY 2, 1969 Page 2 Agreement as stated by Mr. Cole. He felt that had this been a part of the contract Mr. Cole would have discussed it with him prior to termination and as a matter of fact slid not mention this until about a week or so after termination. It was stated that in June of 1966 the Borough Assembly up- held the Chairman's decision to release Mr. Cole and Mr. Cole filed suit in September of 1966. Mr. White noted that Mr. Cole is requesting a vehicle allowance of $175 per month for the use of his private vehicle. Mr. Cole was advised that the Borough had indicated interest in purchasing its own vehicle and he was given 30 -day notice of termination of this part of the agreement. This termination notice was not in writing as the original agreement had not been a written one. Mrs. Hajdu agreed with Mr. Madsen that this did have some nuisance value and moved that the Assembly offer a compromise settlement in the amount of $500. The motion died for lack of a second. Mr. Barr thought a compromise offer had been made by Mr. Ruskin, tut it was pointed out that this was merely a reply to a letter from Mr. Clouse. It was felt that as this agreement was not in writing it could not be ccr.Lidered valid, 'however Mr. Madsen pointed out that verbal agreements are accepted everyday in many court cases. The reasons for termination of the employment were discussed: dishonesty, neglect of job assignment, conduct in the community causing embarassment to the management of the Borough and infidelity to the point of nullifying a persons effectiveness. It was felt by Mr. White that all these points were pertinent. Mr. White stated that while on a supposed hunting trip Mr. Cole was actually on a six -day assessing trip to None. He did feel that the Borough Assembly could not be held responsible for an agreement that was discussed over coffee. Jir. Barr sioved that the Borough Attorney answer Mr. Clouse's letter stating that the Borough Assembly does not wish to accept their proposal and that if they so desire the Attorney will at to • t us to accept a c. •romise as •- the •revious letter of Dave Ruskin. Seconded by Mr. Arndt. Mr. Arndt asked what approximate costs would be of a court trial. Mr. Madsen could not say but assumed it would be a jury trial and could possibly last six days, a minimum of $1500. He also stated that if two parties can settle a dispute between themselves without going to court there is more to be gained than going through a full scale court suit. It was noted that 75% of cases filed are settled by compromise out of court. The question was called for and the motion passed by a unanimous roll call vote. B. Letter from Dave Cluchey re Fire at Akhiok, Mike Farsovitch's Claim Mr. Madsen's opinion had been requested in this case as to the Borough's legal liability concerning the burning of Mr. Farsovitch's house at the time the School was damaged. Mr. Madsen stated in his opinion normally there would be no legal responsibility where one person's property is destroyed due to fire on another's property. However certain factors could exist where there might be a responsibility. Unconfirmed facts came to Mr. Madsen's attention after the fire that previously there had been a fire in the gen- erator room and that the floor was oil- soaked. These facts unconfirmed but it was pointed out that if they were true then there � be a legal responsibility if these discrepancies were known and not remedied. It was noted that Mr. Schott had written to the insurance company for information concerning liability coverage and as yet no answer has been received. There can be no action taken at this time until that information is forthcoming. Mrs. Hajdu asked if there was an act of negligence will the insurance cover this and it was pointed out that there must be negligence to have liability and the word "negligence" is the crux to the whole thing. C. REPLAY of Old City Dock, Parcels A -E: This item was to have been on the agenda for December, however ^,r. Madsen advised the Borough and Mr. Barr that he would not prepare the resolution because there were some items not taken care of on the plat. There were some areas that should be in- cluded in the plat. Since the discrepancies were pointed out, it was suggested that this should be referred back to the client and the engineer for correction. D. Letter from Division of Lands re Land Selection: The letter was read stating that in order to comply with the Borough Act as passed April 12, 1963, Section 07.10.150, A. S., which states a borough may select lands within five years after the date of availability of State lands, a letter should be sent and placed on file so stating. This letter was mailed on December 30, 1968, so stating that the Borough wished to select all lands available to the Borough as of December 31, 1968. 1 ASSEMBLY P .RTING - JANUARY 2, 1969 VI PUBLIC HEARINGS -- NONE VII PLANNING & ZONING ITEMS - -- NONE VIII OLD BUSINESS - - -- NONE DC NEW BUSINESS Page 3 D. W. Ray Burt and Mr. Curt Lyons re Kadiak Subdivision: Mr. Burt was repre- senting the Frontier Baptist Church, a newly established Church in the process of looking over suitable lands for purchase and on which to build a new church. The Church would like to purchase the Southwest corner directly across from the East Elementary School, two and a half or three acres would be needed. Mr. Burt asked where the Borough stood on the Trident Program and was informed that the land has been offered and no one has accepted it as yet. It was noted that this small amount could not be taken out and further noted that possibly four units would have to be put up for auction. A resolution has been passed obligating the use of this land for the Trident Program. It was felt that perhaps with Mr. Hickle going into the Department of Interior that we may have a better chance of seeing something done on this program. With other lands available in !4onashka and other areas the Assembly would be reluctant to put these lots on the market. It was recommended that the Borough proceed along these lines, that we are considering an auction and set some future date as it will take considerable time to advertise. It was also suggested that a letter be sent to Mr. Hickle, Secretary of the Interior telling him that there has been interest in the land and the community unity needs the taxes but the Assembly hesitates to do anything that might jeopardize the Trident Program it it is still being considered. mh,C shoulri go through Planning & Zo • u u • I ., -.. - .. t • .• done. Mr. Best stated that is a growing interest in this land and we might be looking toward making the land available in the event that the Trident Program does not desire the land. All that is necessary for an auction is a current appraisal within 90 days of the auction. It would be possible to get a reply back from irr. Hickle before taking any action. - ter should also go to e • n Oce. •• a . Mr. Lyons sta Church was organized on December 4, 1967 and suitable land for the location of the Church has been sought for sane time. Most of the other lots, Mr. Hubbard's and some owned by the Catholic Church are way too high. Mr. Lyons further stated that although they would very much like to have the land in Kadiak Subdivision they would not of course want to jeopardize the Trident Program. It was decided that a letter would be sent to Mr. Hickle with a copy to the Oceanographic Comittee as to the status of the program at this date. A. Approval of Judges for January 14th Election: Mrs. Lorna Arndt, Mrs. Loveis Jackson and Mrs. Bea Nachtweih. Mrs. Hajdu moved for approval of Mrs. Arndt, Mrs. Jackson and Mrs. Nachtweih as judges, seconded by Mr. Barr. It was noted that nothing has appeared in the paper concerning the cost of the fire district and it was suggested that perhaps a newsletter would be needed. Mrs. Hajdu stated it should be clear to the people voting that they are voting as to whether or not they want fire protection. Mr. Best stated he would be putting something in the paper very shortly concerning the cost of the fire district. The question was called for and the motion passed by unanimous roll call vote. B. Approval of Expenditures and Vouchers for December. It was noted that some items have been over - extended however, the ttal capital expense will probably remain the same. Dues for the Municipal League was noted to be six -month payment. It was suggested that the villages should be notified that they are eligible for representation. Noted that under insurance for the fire truck a misquote was received and it will have to be adjusted when the correct cost has been received. The data has not been received for setting up a Water District Budget as yet. The bills have not been turned in, however it was noted that the cost should be known even if the bills have not been submitted in order to set a general outline. There were no other cents. C. Approval of Tax Adjustment P68 - 31: Mrs. Hajdu moved for accepting the Tax Adjustment P68 -31 as recommended by the Assessor. Seconded by Mrs. Springhill. Motion passed by a unanimous roll call vote. ASSEI]BLY MEETING - JANUARY 2, 1969 X CHAIRMAN'S REPORT XI ASSEMBLY CON E JTS Page 4 A. Letter from Department of Highways re 13 -acre Land Requirement. The letter was read stating the Department of Highways no longer had any need for the 13-acre plot in Bell's Flats. B. Fire District Budget: This was distributed at the last Assembly Meeting for consideration and comments by the Assembly. It was noted that the telephone calls have gone over slightly and the changes as noted previously on the insurance will be made, however this will not change the rill Rate as it will stay about the same. Mrs. Hajdu asked if this had been taken to the Advisory Conrittee and if so what were their recommendations. It was noted that two members of the Committee are out of town and therefore their opinions and recommendations have not Leen received but will be considered at the time they are received. It was suggested that the contingency fund be increased so that.the tothl budget will be about $15,000. C. Municipal League: A letter received from Mr. Don Berry was read concerning the study of the League's 1969 Legislative program and requesting help in the priority list of items. Ar. Best asked that the members of the Assembly look over the priority list and submit their suggestions to him and he in turn will send these along with his own suggestions to Mr. Berry. D. Alaska Travel and Trade Fair, Los Angeles, California, March 7 -15, 1969. Mr. Best stated that if the question is ever brought up as to why the Borough is not participating in this Fair it is to be noted that the Borough does not have this power to expend money in this way. E. Central Treasury: Some years ago it was suggested that the Borough go to a centralized treasury so that all funds are in a central account. It was felt that previously the Borough Staff was not ready for this undertaking however, this is not the case at present and it is time to follow the recommendations and go into a central treasury. Par. Best stated that he has asked rlr. Madsen to draw up an ordinance as necessary under the Statutes. AX Mr. Barr re School Board - Assembly Guidelines: -1r. Barr stated that there are two items he would like to take up with the Assembly during an informal work session. After discussing this with the Assembly, the matter would be taken up with fr. Schott and the School Board for a further work session. This item would be the setting up of Guidelines to help the School Board and Assembly as far as responsibilities of each go. Native Riots: Mr. Barr stated the second item he would like to discussed at an informal work session would be the Native Rights to land particularly in the Bell°°s Flats area. B. Mrs. Hajdu re Planning Grant: Mts. Hajdu wished to be advised of the current status of the planning grant as there had been some concern that the grant might not be signed in time to meet the deadline. HMr. Best stated that he had talked to Mr. Crittenden at about 4:00 P.M. this date and he has most of the documents and will confer with Mr. Schott and ISr. Norton on Friday, January 3rd. He was aware of the deadline date of January 17, 1969 and the documents will be ready to sign before that date. Mrs. Hajdu asked if a portion of the grant must be repaid and was in formed that this is a loan and iriust repaid when construction is started. It was questioned if the bonds are never sold or construction started , what then - it was noted that then we do not repay the money. Mrs. Hajdu stated that nothing should be done to jeopardize this grant. It was stated that Mr. Hobbs said the money is ours and the release date on the grant is no problem. C. Ars. Springhill re Borough Boundaries: r7rs. Springhill stated that a resolution has been passed at the City level to reduce the size of the Borough and pull in the boundaries and it was suggested that the Assembly draft a resolution accordingly to submit a change in the boundaries. Mrs. Hajdu asked what studies had Leen done and on what the City based this action. bars. Springhill stated that the study is experience and general consensus of opinion that this needs to be done for the welfare of the area. The City Manager has talked to a new man in Juneau on the Boundary Commission and he is willing to hear anything on this matter. Mrs. Hajdu ASSE2BLY ;METING - JANUARY 2, 1969 ATTEST: Page 5 requested that more information be given and that there should be some background costs. It was noted that the City did not send copies of the resolution to either the Borough or to the Villages as should have been done. It was felt that this resolution was a double- pronged one - in getting the boundaries of the Borough reduced or to increase the size of the City. It was also felt that this would be forcing annexation to the sane are that had previously voted annexation down. Mr. Bullock stated that this resolution was drafted primarily' to bring the boundaries to within the road system; Ga the Borough is too large and the monies are being spread too thin. Mrs. Hajdu stated that she would not be willing to vote for this resolution because she is a representative of the outlying areas and we have a situation where the Villages were just sort of dropped on us and we have done very little for them and another shift would make the problem even worse. It was also felt that this should be taken care of on the local level and not take to the Boundary Commission. Although little has been done for the Villages so far, even less would be accomplished under State or Federal agencies. It was questioned as to what the Villages felt about this and mentioned that they should be given a chance to speak out on this question. It was noted here that there have been several times the Villages have mentioned that they were better off under BIA than the Borough. However, the sewer and water lines in some areas that were to be established by the BIA can still be put in by that agency as the Borough does not have that power. ilrs. Hajdu felt that since full information is not availle no action can be taken at this time. Mks. Springhill moved that the Borough Assembly adopt a resolution requesting the Boundary Commission to reduce the size of the Borough to within the road i Mr. Bullock stepped down as Presiding Officer and turned the meeting over to Mr. Barr as Deputy Presiding Officer. The motion was seconded by Mr. Bullock. The question was called for and the roll call vote was as follows: Mrs. Springhill requested Weighted YES (this was contested by 14rs. Hajdu as not in an area that the Weighted Vote can be used) . Mr. Bullock - Weighted YES; Hr. Barr NO; Mrs. . Hajdu NO; Mr. Arndt NO. Mr. . Barr ruled that the Assembly was unable to arrive at a decision and will refer this to our Attorney for a a decision on the vote. If the weighted vote applies then the resolution will be drafted; however, if the weighted vote does not apply the resolution will not be drawn up. Staff Residence: Mfrs. Springhill asked the status of the reply concerning cost of the Staff Residence and was informed that no reply has been received as yet. D. Nlr. Bullock re Sanitarian: Mr. Bullock asked whether or not official notice had been given by the Sanitarian of his vacation of his office. It was noted that a memo was received from Tx. Keiser, a copy of which was sent to all Assembly members, in which he stated he was seeking the position that was open in Kenai. This office in Kenai will be vacant score time in the early Summer. That is all the information at the Borough office at this time. E. Hr. Barr re Akhiok School: Mr. Barr asked the status of the Akhiok School and it was noted that the final inspection is to be January 3rd. Mr. Arndt stated that before final payment is made it should be taken to the Assembly.' XII AUDIENCE CONTi -1ENTS - NONE XIII ADJOURIT - The meeting was adjourned at 12 :05 A.11. Sally B. endrix, ClerkiTreasUrer APPROVED Boroug Chairman, G.S. Best