03/06/1969 RMII ROLL CALL
)
KODIAK ISLAND BOROUGH
ASSEI-'BLY CIEETEG - i'ARCH 6, 1969
I CALL TO ORDER:
The meeting was called to order by Presiding Officer Don Bullock, at 7 :35
in the Courtroom of the Lew State Office Building, Kodiak, Alaska.
Present
Don Bullock, Presiding Officer
Jo Hajdu
Betty Springhill
Don Arndt
Jiro Barr
Sam Best (late arrival)
Also present: Roy Goodman, City tanager; Jim Stansbury , Building Inspector
Howard Keiser, Sanitarian; Harry Carter Sea Food Sanitation; Jan I•ietzker, Assessor;
Sally Hendrix, Clerk /Treasurers Tr. Ken Cannon of Crittenden, Cassette, Wirum and
Cannon Architects and approximately 50 pea'le in the audience.
III MINUTES OF PREVIOUS is T TING
A. Regular Jeeting - February 20, 1969. Two corrections were noted, page 1
seven lines from tie bottom delete "originally" and was set up to receive"
and insert "notes: that this court was a source of revenues Page 4 - line
3 should read 2 . ' ihere being no further corrections the niinutes were
approved as corrected
OTHER i al1UTES
A. School Board _. February 24, 1969: +rs. Irajdu asked if anyone had anything on
the ilarine College as the minutes were not specific.rirs. Springhill stated
that the school board wanted to set up immediate Community College courses and
this seemed to be the fastest way and this has nothing to do with the Marine
College. The fishermen needy courses to help in receiving their licenses and it
was felt that the Marine Academy would be a long time in coming.
B. Lchool Board - Special iieeting 1harsh 3, 16963 There were no comments
V CORRESPCflDEWCU
A. Letter of Resignation from Sam Lest, Eorough Chairman and Appointment of
New Chairman. The letter was read stating, T. lr. Best had, after much
deliberation, decided to submit his resignation effective March 15, 1969. The
Chair ruled that since the resignation stated 'larch 15, there would be no
vacancy until that time and a new Chairman would then be appointed. . Hajdu
asked why wait - to which the Chair replies{ that there was no vacancy at this
time and he had so ruled.
B. Pecorrtrendations to Assembly From Kodiak Island Property Owners' Association
Postponed until later in the r, eeeing.
C. Request from Julie .T for Tax Deferment - Postponed until later in the
1 ieeting.
D. Opinions from Roy iiadsen and John Beard, Director of Local Affairs. Agency,
re Use of Ueightedl Vote concerning Personal Property . xeiaptions. The letters
were read in full, at the request of a member of the audience,which stated
that according to the :Alaska Statutes Title 07.15.320 (b) the same sentence
that authorizes the Borough to adopt the City's tax structure specifically
stipulates that it shall do so without weighted voting. The member of the
audience asked what attorney hart even his opinion for the City and felt that
this can not be carried through until the challenge had been answered. It eras
pointed out that the challange hack been answered as two att o ncyc had <;ivvn
their opinions that the weighted vote did not carry in this case. The woman
suggested that perhaps something should be done about establishing an attorney
for the City as she did not feel that the majority had l,een represented.
rlr. Bullock noted that the City Council and the Assembly had a meeting an,'
there seemed to be a meeting of the minds on this tax situation so perhaps
it could be worked out.
d
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KODIAK ISLAND BOROUGH
ASSEMBLY t. FETING - MARCH 6, 1969
Page 2
E. Letter from John Beard re Borough Contribution to Public Libraries; was read
stating the Borough can contribute to the City Library under the educational
powers but it must be done through the Schcol Board. The Board may enter into
an agreement with the City for use of the City's facilities as part of the
school program. Otherwise, it would be necessary to acquire the power from
the voters or by transfer from the City. irs. Springhill suggested that this
go before the School Board and perhaps arrangements could be made to have the
library open for students' usage, thereby making it legal for the School Board
to help support the library. It was noted that the School has their own library,
but it was pointed out that there is always need for support reading material.
firs. Hajdu did not want to commit the School Board to put something in their
Budget without their consent and not knowing what that amount would be.
The budget is under attack already and the only way to cut taxes is to cut
services. i'1r. Goodman stated that the City needs to know that if these were
approached through the School Board would the Assembly be agreeable. The
point was brought out that the Assembly would not want the School Board to feel
that they had to sacrifice something else in order to set up this program. It
was the general concensus of opinion that the School Board should consider this
and if they wanted to - could make it a part of their budget. :Ir. Barr informed
the people in the audience that if they favored or disfavored this action they
should make their opinions known at the School Board public hearing on the
Budget.
A member of the audience, who is a volunteer worker at the library, noted that
help is needed in order to keep the library open for more hours. Volunteer
help is not always dependable and the library cannot be run on that basis.
Five hundred cards have been issued since the opening of the library in
December, 1968 , and over half of these cards were issued to Borough people.
i!Ars. Hajdu stated she had asked Dr. Fenner if a fee could be charged to people
using the library, thereby establishing some revenue. T'r. Goodman noted that
since this library is receiving federal funds, they cannot charge for the
use of it. The only charge that can be made is on transients and that is
a $5.00 deposit which is returned within six months.
It was further stated that the Borough people have just as much right to use
the library as the City people, but they should pay as much as the people in
town also.
Ar. Goodman stated that approximately 45% of the cards held are held by people
outside the City limits. There are speciall'ooks that go to the Villages and
this is an area -wide library. It was suggested that this be discussed with the
School Board for their recommendations.
F. bequest from State Division of Lands for Approval of Additional Work on _
Second Addition Port Lions Alaska Subdivision. The letter stated that this
contract SFC --72 for additional work in the amount of $1750 was fair and
ec charge and recornended that the sane be accomplished in conjunction
with the Port Lions Subdivision. Thc agreement was to be signed and returned
to the Division of Lands. firs. Hajdu moved that the agreement he signed
according to the State's recommendations, seconded by i;r. i"rndt.
rs. Suryan challenged this due to the conflict of interest of hr. Farr and
Mr. Best. lir. Barr answered that the people should really get the facts first.
At the April 29, 1968 meeting a Resolution was drawn up by the Assembly and
flr. Barr was not present at that meeting. This resolution Uo. 68 -20 -0 stated
that the Assembly of the Rodiak Island 'Borough approved the entry into
contractual status for survey work on Borough Lands of the Firms of 1Ir. Best
and :sir. Barr. These contracts are advertised throughout the State for
negotiation, placed through the Division of Lande .irs. Suryan challenged the
ethics of the Borough and i: r. Barr as flr. Barr has a lot of influence and she
felt that he should i not be on the Assembly. r 1r . Barr stated that if the
Assembly odd not approve the agreement, the work would be finished on Sunday
anyway. firs. Suryan saiu that of course he would approve as it involved
$1700 and hr. Barr replied that it was for this reason that he was abatairirg
from voting. However, :rs . Suryan felt his influence was still felt and that
he should not be on the Assembly, and this was giving a black mark to the
Borough and City.
Sir. ` asked what is the purpose of this survey and where is the land?
It was explained that the land is between the City anct the Airport. The City
of Port Lions requested that this be subdivided and the Division of lands
met with them on this matter. lira dhite further stated that if in fact the
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KODIAK ISLAND BOROUGH
ASSE MLY 1ZETING - MARCH 6, 1969
2
Page 3
survey is conducted he would question the feasibility since they can't convey
title of the land. The State is contracting agent of the Borough and the
payment is made by the State, whether the firms contracted are local or outside,
from the proceeds of lands sales.
Mr. Darr stated that this is within the survey of the Townsite of Port Lions
and can be transferred even with the Land Freeze and the native law can be
challenged. Regarding Bell's Flats Tentative Approval has been received from
the State and the State has tentative from the Federal Government; apparently
we will be able to transfer title if we aren't challenged.
tlr. "mite stated that there has been a lot of money spent on surveying and if
the native questions aren't cleared un any more land being opened up should be
held until the question is settled and we know the land can be sold. n1r.
Howard Keiser stated that he felt this was out of order at this time as comments
from the Audience are placed on the agenda for later in the meeting.
" 4r. Barr pointed out that it has always been a policy to answer all questions
on the items as the meeting progressed, but did feel that the people should
take the time to come into the office and get the background information first.
Mrs. 1 :ajdu stated that there are no further surveys coming up and this is
against the reconnendations of the Division of Lands. The Bornugh felt that
there was little point in surveying if the land was frozen.
Mr. White understood no one had title as yet to the tonashka Land from the last
sale; they have a bill of sale but no title. lir. Goorrzan pointed out that
if these bills of sale were taken to the Bank you could not obtain a mortgage
on the full price but for only a portion of the price you paid as the highest
bidder.
It was noted that this increased contract was because the State made a mistake
in 500 feet and has agreed for the survey to be done. This will then complete
the project.
The question was called for and the notion carried v four votes with Mr.
Barr abstaining due to financial interest.
G. 14r. been Cannon,(Crittenden, Cassette, tJirum and Cannon, Architects)
To appear later in the meeting.
H. Letter from Olsen & Sands re Staff Oeerters; stating that they would be favorable
to revising the drawings to reflect a change to a frame construction. In
preparing the working drawings from approved preliminary drawings and in
obtaining the lowest rossible price from the contractor by means of revising
the constructions and heating systen, as described. in their letter of December 12,
1969, that they com?leted their work through the working drawings. In view of
this, they assumed that payment will be made for the work done through that
stage reflected in their invoice. It i;as the general concensus that firm
contracts had never been signed with this firm on this particular item, the
plans as submitted were not acceptable. The -:mice was about 45 dollars a
square foot for a single story - type residence and was in excess of $50,000,
which was felt to be too high. This was placed aside until the Borough
Chairman could give his recommendations
I. Letter from Secretary of Interior ?alter Rickel re Trident Program. This was
in answer to the Borough Chai letter concerning the 60 -acre parcel of
land set aside for the use of the Trident Program. There are two bills;
Senate Bill No. 100, requestinc formation of COAST Commission which will en-
compass and enlarge upon the Trident program and Senate Bill no 104, calling
for the establishment of the Alaska flaritime Academy; these are being considered
by the ' State Legillature and an answer should be forthcoming in the near future.
VI PUBLIC BEARINGS RINGS -- NONE
VII PLANNING & ZONING ITEMS
A. Approval for Preparation in Ordi;ance Form of Proposed Junk Yard. Regulations.
It was noted that this ordinance seems to be above and beyond what is needed
outside the City limits. It was decided that this should be returned to P &Z
for their recommendations as a Body and also for clarification of certain
sections. In Paragraph F, Section 2, defines a public nuisance and this
should be more specific rather than just applying to wrecked, junked or
abandoned truck or part or bodies thereof. In Section 4, Junk is defined as
I <°9
KODIAK ISLAND BOROUGH
ASSEY' 3LY FETING - MARCH 6, 1969 Page 4
second -hand machinery and this should be a bit broader. This section needs
a complete re-working. i4r. Barr did not agree with junk yards being allowed
only in industrial and conservation zones; felt they should be allowed on
some kind of square footage basis. that we are after here is to stop an un-
sightly mess and not to say that someone that has a tail light lying in the
yard is operating a junk yard. In section defining ''abandoned" these cars
should be licensed by the w;tate and those that fail to pay taxes tip the
Borough then these items could be considered as abandoned. This could be
written to say cars not licensed by the State and on which the Borough tax
has not been paid are considered abandoned. The ordinance grill be returned
to P &Z for recommendations. It was further suggested that the villages
should issue the permits within the confines of their area. A Village
may serve notice to the Borough indicating it is desirous of having this power
and upon getting such notice the Borough will delegate such powers to the Village.
VIII OLD BUSINESS
IX 1:E1ti BUSINESS
A. Recommendation from Borough Chairman for ATMendments to Election Ordinance
The recommendation from Er. Best was read and the following points set 'orth.
1.4otice of Election - Notice is now required to be given not less than 20 days
before the election. It was recommended that this be changed to a minimum of
30 days, since the Statutes require 30 days notice for special elections.
Section 9 - Form of Ballot, All candidates are now. printed on separate ballots,
but ordinance calls for only one ballot. It was recommended that the ordinance
be changed to read "names of candidates to be voted on shall be printed on a
suitable number of ballots as to clearly separate the offices bein voted on -
Borough Chairman, Assembly, School Board, bond propositions, etc., It was
noted that the Bond propositions are separate as are the Chairman ballots.
That leaves the Assembly and the School Board and this would clarify the
situation; perhaps this would be better to separate them as to type of ballot.
The people inside the city would not get the Borough Ballets and outside would
get only the ballot for that section. The Assembly concurs with this section
and with the previous suggestions. Section 10. Nominations; it was recommended
that the nominating petitions be required to be turned in 45 days prior to
election date, instead of only 15 days. This will allow sufficient time for
ballots to be printed, particularly absentee ballots, which have not been
available in the past by the 20 days before the election as required in Sec.
19B. The additional 25 days are necessary for preparation of the ballots. This
would make it more administratively feasible. The Assembly concurs with all
these recommendations.
g. Ratification of New Economic Development & Planning Committee:
Members of the Covaitee are: Dick Berg, Chairman; Bob Brooks, Patricia Cannon,
(Emil Morton, Alternate), Bob Baer, r=rs. Jo Hajdu, Cle Johnson, Icy Goodman,
ecelly Siu<eonoff, Jr.,; Pete Fesoff, Ivor Schott, Larry Shaw, Doris Simon and
Join Waller. These people will be working on the progress report on Title I
due on the 31st of larch. rs. Hajdu moved that the list as submitted by the
Chairman on membership on Economic Develop rent & Planning Committee be confirmed.
Seeoecied by lir. Barr. The r :otion passed unanimous roll call vote.
C. p royal of Expenditure Report and Vouchers for February, 1969. The report
had submitted previously to the Assembly by m ei The record will show
that such report has been received and reviewed with no objections.
C AITi 7PIJ' S ?J PORT
A. Letter to Olsen & San;, stating that the Assembly had decided to pursue the
construction of the Staff eearters to the Kodiak Island Hospital by means
that no longer required their services. 1 r. Lest was handed the letter previously
read from Gl.3en & Sands stating that there -,vuld be certain monies due on
work completes through preliminary drawings. Mr. Best stated that we :lid request
some work and that they dim as requested so there is an obligation to pay some-
thing, the exact sum has not been established.
C. Request from Julia 'Jolkkoff for Tax Deferment for 1967, 1963 and 1969 Taxes.
The borough Chairman examined the requests and found that these requests were
in order and wet all the reruirements as set forth under Ordinance 68 -29 -0
Senior Citizens Tax Deferments. tars. Springhill moved to accept the request of
Julia ';olkoff for deferments for taxes for 1967, 1960 and 1969, seconded by
An Barr. The c-uestion was raised as to the amount of taxes this involved and
it was stated that the sum t. gas about $600. ' iaxirr n l amount of deferment is
:250 per year an the maxi • u =mill be permitted in this case.
ODL
2S.eE1.-.BLY e:;..:Ce. 6, 1969
Page 5
3't-n Cannon, from Crittenden eeesetta, in and Cannon, Architects.
ennor„ as requested to revize the hospital ie: for the Staff Quarters .
Fie had reviewed the (ins end ;:elt the to Le reesonahle to the T my they were
approached as Fe.; intregal -, D.art of the hospital. ere could be a cut, in the
riaterial u lignting, using 'easic materials. If - , , ou wish to have tide a leain
par of the hos, then this is reasonable. If it isn't part of the .!lospital
then it could e ael as a residence an... ccmeletely separate. r. Canon
had, o idea of - tile %Fay thc horeital would. expellee there could Le Possible
encroach where the convene is now pleced.
1..1r. Best said it 7 t Tas figured that the hospital woule. expand along side of the
staff efuarters. This coule :...e different tT,Te of building not conriected T:qith
the existing hospital. The eueetion wae asked as to thether or not this could
be accomplished for around. $60„000?
i r. Cannon said Teie eouldn't '.?..Je sure, there were sore fairly good_ residences
built in e..r;chorage for $25 to $27 dollars a square foot, however the 'pri.ces have
gone up in the last year. This could 7.T.1 kept in rni.thi :::;. and used as a guidelir.
It is tossibie Lat. a ore liveable plan. could be vorked out for th e .'.7-;taff
,'„Sluairterz3, and in this apprce would be an intividual r'esidence it perkle:Fls
a walkeey to - the: Lajdu st ti.at if the cost is around
$60„000 and ie c ands that this T.Tould still be a 5aviry5s of about
S30,000, suegeeited that the Borough Chairman b:e. instructed
to e'ursue foie e keeeind in mind the area of about $60,000 for the coet.
It notet;i that .eir. CI:Pelee die present a report to the School Loarc7 ora tic
,T,ditoo1.
POPT
A. Unifieetion Petitions r Lt prezente two sets of petitions - one for the
qualified voters inside the City of Kodiak and one for tie qualified voters
outside the City. The required number i:' 25 of tea voters that voted in the
la.st election,. The question Teas raised as to I la the Charter CaarliSS1011 if;
voted into office and it was stated that they are ;Toted in at the seee tiee
as tee petition ie voted on.
Public .Service Learings in Juneau were not comele...tee.
still be or 'testimony given. Data was submitted to John ?"spland, Anchozage
Borough Chairran, and he will subroi.t that testis before. the Conraitteee.
Both the ."..enete and. house ere bearing bills on the State Aa..ninistrative Share
eveoue getting funds to the local goverment units. There 1:3ere
o..x.e ...el on the eirnicipal Code and Jilt rfordale of enel will - ..resenting that
on I,;ena.lf of the "i.c IsanJ. ..P:oroutili. mis J.Jas the th - Jay and only 1/3
of tee Way through the E;ession so they be hearine trite a fe
ore:
Teajdu := thet j:Ite 1:: return tc. tlds it 1
ruled. that since resienation eead.. effective 1 ..ee:..ch 15 1%9 the tl.nre
was no v.cz....ney t thL tiee therefore the ..feFeserbly could not elect .7
Chairean to fill thee :±, Lest Sty tat the reason for F11 d;.
N cont.inuity in the pcsition •-ev..1 that he , ,Tould be al)le to spend sa.e.
the incoming Chair "...en to ne.17- feeiliarize hie with th e jobs on hand-
aure of the. element after t1" fi of the ronth .
asked if Jr . Best Teouldi to date tee reslenati.on effective this date
(.arch 6th) enc. stay to :eel: tee iecaning chain er. :eest changed the
effective Late to read eerch are said that he 'iould helo as ruch as 'osi. ele
the incoming chairman.. r. rr - Covec:i that the resi:Jetion of j' r, Best as
eorough Chair be acceeted tee': a vacancy be de.c. 11'0 ;Arndt seconded
and the 1.10ti011 passe roll call vote.
Lest stated that ie hej enjoyed. being Ci:iainnan a:eel it 7itil a reat
deal of regret that he resigned. r., ullock 4 .el - kan'eeti. "Or. est for the
time and effort that tr,d gone into the job.
Bullock declared a vacancy in the cliairrean.ship and opened the noreination.fe
•ernct norninate.ci rs.. ajdu i i;r. n that the noeinations
o close e and that a enereL.ous ba110 c. cast, seconded by :::r„ Arriet.
ers. rinchi11 voicec an ee,je..-ction anti re ueted that the ers, be polled. ,
r. Barr raise.. a order c oL .. .... ve aitiona1 CanCidaS?
rs, 2rinji1i11 replice that he\r2 c±ate and that a ooll :-Joule Le
tak:en to eve 7711c:thee t_let cn.idat is accee.ta
1 1 I
4
KODL'\K ISLiVO LO :UGH
ASSULILY ITING - ;A1\PC7i 6, 1S69 Page 6
;Ir. Barr stated that the point is if there are no additional candidates ''ho
are dou voting for, if there are additional candidates they can be entered now,
er. Bullock dointed out that you cannot force someone to vote. nr. Goodman
informed the group that a person can be requested to vote on whether or not
a unanimous consent Lc: given each person hes en opportunity to answer yes
or no
The roll was calleci and the vote eae three to two with :Irs. Springhill and
Tile. Bullock voting NO. 1r0 Bullock stated that this was not a unarimous vote
but inrs, Hajdu did receive a rajorit of votes.
2:!:t this time tteAsseeroly must rove to ueclare a vacancy on the Assembly, but
ht.
Bulloc t ointed out this should be done after its. Hajdu is sworn in
Ars. hajeu stated that if she was elected. Chairean she would like to resicel as
Asseeblyw .
et. tart, Carter raised a ooint of order - that the hssembly voted on the
motion to give unLeirous coecent but did not elect a Chairman. nr. Bullock
requested teat the record shoe that the motion for unanimous consent was
denied and the election for cnairman dill 1- e done by ballot. The ballot were
passed ad merked end counter the Secretary. The vote was as follows
Three 'YES Tt O hirs- Jo ajdu was elected Porough Chairman by a three
53
t 0 vote,
ldre. hajdu was duly sworn in by tie Cler•.
et. Derr :laved teat the Asseebly aceeet the resignotion of hts.).Ajdu
decleee e vacaecy on the Assembly, seconded by dr. Arndt. The motion was tossed
by unaniicous roil call vote, _
t. Derr sudgeeted that there s h o u l d be sceeone from the Village area rather
than from die irneediate area outside the City as they have not be reprecentad
on the esoembly for out two years, .dre Bullock thougkt it would be best to
wait until there ees someone definitely in oind and then bring the matter
to the Assembly. eirs najdu indicated that Port Lions or Ouzinkie have come forth
with the IlaCe of Rich Ahite, who reeresents tic fishind industry arid he is
willing erid feele teethe would be able to attend thcaeeetings.
r. Goodaen suggeeted tede tdeahseeMbly oey vish to advertise the vacancy and
fill the eoeitien et the next secting This wedid leave the area outside the
City without a vote an. so therefore should he done as soon as possible.
er. Best , nointed out t et in livine up to the letter of the law and fillierr
the position, the asseeibly has until the next eeting to take care of it. Jr.
Darr LKATed that the Assal'bi, delay election of an assemblyman until the fir et
item of business at the next heeting, seconded by 'dr. Arndt, The eotion oasssd.
by unanimous roll call vote.
Urs. .1;_ajdu stated that in the future she eould like to dror all old fueds with the
Citv and not begin a nee ones, with orwiodut unification this goal should
be worked toward.
XII ISCL....BLY CO: 7 1'..:afif
ea Better fro L. Fe Jehmson read 7 :7 ;t. Bullock protestind the charge for the
fire cistrict. The letter statee. that Cue to tee inaccessibility of their
rtoperty be vehicle that service war not available and they did not feel
obligated to daa these chareee- .hey . that this be deleted fram the
tax roll. et. Best noted. that the area is inclueed within the fire district
and passed by a sdestantial nueber o peohle. iTs. Johnson stated that there
were no roads and only a footpath to their proderty. Lirs. Johnson said that
the first she knew of this district was when she received the bill. Nr. Sutliff
said they did not have a. say in the votind at all a it was pointed cut that
this was true, because tey eie. net reside in the area they were not qualified
tu—vee, even thous they ounce property in the area and must pay for the
service .leetproderty. exs. Johnson stated that they would not pay the
cearge as they die not 1 they should. It wes noted that the prorerty would
go on the delinqueet roll if taxes ere not paid. irso Johnson replied that
this is not a teat its a service Charge. I neeLer of the audience noted
that fires are fought in lean areas that are ineccessible by trucks or cars
ane this can e taken care of. tee Larr noted that at the tin the boundaries
oere protosed he fought edainst tie. :K7ViAIr once items passed it behooves us
to see that our fire ;:: provides =vice to these areas. 21 fire elan
is needed to provide fire erotection for tte isolated areas.
n
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KODIAK ISLAriD hORCUGi:
ASSI•leLY iesesTII-TG •SiARCh 6, 1969 Page 7
hrs. Johnson sac anoteer cel-laint - the fact that while she was sway from
the house a oan requested entry and lookee through the house. This was Cone
while only the chileren were horse an she felt it was not right. It was noted
that this was the contracted aeeraiser and ste-s oould be taken to see that
this certainly did not hapzen scain.
XIII AtibILSCE WilaraiTS
es Kodiak Property Owners Association. A letter uas presented stating the
Association met on Tuesday, earch 4 1S69, to discuss current problems affect-
ing them and all property owners both inside and outside the City of Kediak.
At the last meeting the Association adopted a motion ehich was proposed to
the AsseMbly.
" The Association of propeety owners proposes that the Torough Assembly con
sieer placing all trailer courts under the inspection of the State of
Alaska's local Sanitarian; this weuld then be at the expense only of the
State, not tie local Talsoae responsibility. The motion further asked
the Asseubly to consider having a building Inspector who is qualified in
understanding thebuileing trades, to be on a ef:eesleasis', an thus a
part-time man. Le woule. Le called urn to inspect the necessary number
of times reouirea Curing to course of any cne construction. Thesc .
inspections woule cover one, Oars enc.: teases story buildings. The Uniform
Building Code eeopted locally should Le used as a "guidelinee, but
enforce e with elscretion me local suitability. Finally, we recormend
any of the folloeingern for Building Inspector, who we consider able for
the job;
1. hr. John the
2 :Can henry eeseth
3. • :r. John :chreiner
4. :eil Sargent
5, Or. Don Slater
6. Ar. Cecil ilson
7. eir. Lugo Grunlin
3. hie, Louis horn
ers. Iiaidu requested that copies of this letter be made and submitted to
the members of the Assembly to be placed on the agenda for the next regular eeeting .
eember of the audienee an Judy Suryan state C that perhaps it is legal to
eay for fire erotection if you eon 't live ie the area and veren't given a
chance t vote, but she doesn't eeel that it is ethical. On the tax exemption,
:17 two representatives, hrs. Springhill &seer. allied: voted against this,
Vi.th their weighted vote it woulC have cerried, and they represent the majority
of the people, otser three Asseelymen represent only ahout 1600. If this
goes through then I will have been taxed by three people which I had no part
in electing. I have gotten a legal ordeion anti this .iefinite a conflict ce
interest as far as ar. Larr is concerned and he ehould resign. This has cast
a shadow over the City of Kodiak Efiik: the Borough government and Lost people
will not bother to ask if you were at fault as the damage has been done.
Earr stated he would like very reach to eee that legal opinion. He failed
be see how e charge of conflict of interests could. he mode when the contract
as with mother ac orior to eir. Lest being Chairman end for .";_r. Earr,
prior to the forough having any interest in the lands involved.
hirs. Suryan asked if there were - erovisione fer conflict of interests, are there
lines that can be draun. It was noteC that all 'izeri.iers are reauired to and
. :•aciare any conflicts that arise. ars . auryan st...ted that unless these
provisions re set out in the horough Code someone else could leTiae ::ore advantage
than lir. Earr has. i, Earr stated that everyone has a conflict of interest
to an extent. er. Bullock notee thstlec. SlAte at one tire while on the
City Council nee_ the only garage in town and asked if he had Leen faced with
the ssee )LoLleL . c ate ii or"(( tie Assemiely that he was the only
dealer in - .erincipal ?purchases ana he eid not Lid on the larger items because
he personally Lid not feel it was rig. However there was no case of
negotiated bids.
This problehialways exists in any serail tam and wliere do you draw the line,
everyone that sits on the Council or the eeserLdy has conflict of interest.
re. Suryan replied that now is the tie to set sore provieions SO tnet the
line is drawn that iac icetee the extent of conflicte of interest.
1 A
KODIAK ISLAND LOROUGII
ASSEflELY I FETING iiARCli 6 , 1969 Page 8
It was noted that the provisions in our case were made prior to the time
the job was accepted, these are set out in the State Statutes.
White replied that disregarding the conflicts of interest, work is being
one in an area that we have no need of, if you can't dispose of the land that
is being surveyed,. $100„000 was spent last year on the surveys. It is not
a question of doing the work, buil doing the work when the land cannot be sold
and the belds cannot be obtainee, until such tires as the native claims have
been settled. A. portion of the money from the land sale was to go toward the
ilosrital quarters and now you are talkine about a problem in getting it built.
howeer
It was noted that there is no problem/tne x essembly did not want to spend an
exorbitant amount. eir. Arndt expressed. the feeling that sere land should be
onened up in order to help the price of lane drop, we should flood the market
with land.
To which Ter, replied., this would he good but it ,, laS his understanding
that E. were a number of lots still availe., over the counter and that
a nunles ead been turned leack.
There have been about ten lot turned Lack and that muld brine the total
of lots for sale to ahout 45 or 50. Land, should be opened up if there is
a demand for it,
rs. Eajdu --- there are no '! fans for any additional land survey or sales.
Bell's Flats, .i.<ussian Fiver and Port Lions are tie only ones caning up in the
near future. This is contrary to the recoramen.i:ations fro r. the Division of
Lands and there will Lie no nore survey until there is more demands for lane%
Ar. Uhite did agree that any survey done in tide area should Lc done by
local people or that they should at least be given the opportunity to do
this work without bringing in outside peorde. This is up to Alaska Division
of Lands as they issue the contracts.
C bir Drasie re PL 4582 concerning lanes in I..,odiak and Alaska, stated that
if you have not definitely receive title tc your land you will not receive
title until such times as PL 4582 has been cancelled. Best stated that
it has been declared i., aiid and has been appealed. r0 Brasie informee
the Asseobly that his lawyer in Mchorage stated it is valid until December 13,
1970. ec. of State Wel has said that all lands not already transferred will
be held in re-serve itetu. such time as 17J.10 native clam! s ilave !seer_ settled.
In fact when tte ;reek as in hecherao there was not even a file on Eell's
'Plats in the Anchorage office but was in ilashington, D. C. in Cee.
•:effice.
D. Soux state..., that he is building a duplex and 7 ,.•7ZAZ, USing - ; - "laetic pines in
the vents and drains an:. was oreered to cease building when a condemnation
notice was placed on the building by the building Inspector. These - Aais
are arproved by Fee, and have been usee. throughout Alaska.
It was pointed out that the ropeal BoanC. that T., formed at the last neeting
will be hearing any appeal on the building Cede an also on the '...:lectrical
and Plumbing Code. The eeetings woule be open to the pu3. and the Board
will bring recamendations to the Assembly for changes in the Codes.
An orga_nization electing is set up for - ...a.rch 11th, 1%9, 7 30 at the Borough
Office. In regerds to ir0 l and the concleirnation on his house, this
meeting should be speeded up in ...ereet for him cc return to the building.
The Ward ie to cover the '...`.ational Dia.ctrical and PlumbingCode as well as the
Cocie.
A eember of the au:tie-rice felt that if e are to get a qualified board, the
7nodprity should be buileers, not electricians and pluebers since T-12
sake aza electrical inseection. tr. 5_ says it calls for a master !all/seer
to be orz the ..'1 aoard and it was noted that I7r. Yon Chase is a eember of
the eoare.
Further ointe out that ex. Stmsbury as the Inspector has a job of
enforcing the existing code ant, it is true that scee or the code should be
raodifiee to fit the area The r'er o are le t bulking tratfe can tai
a close look at tee :roles and alternate ways in whicfa these can be settled
ane• .i chan.ge the existing code to scrething that we can all live with.
A 1
KODIAK T51 1D BOROUGH'
ASSEMBLY MEETING - MARCH 6, 1969
Page 9
Mr. Fuller pointed out that if the Building Code were a little more lenient
there would be no need for the Board of Appeals, The Code should be for
Kodiak and not for New York.
However, it was noted that there is no doubt that the laws do need to change
a little, but there is little need for laws if they are not enforced.
Mr. Brooks disagreed with the outgoing Chairman as he did not feel that the
Board of Appeals was the answer. It will be necessary to set dorm new laws
and then people will not be at the mercy of two or three people. Nhen you
have a written law that everyone must go by there would le little or no need
for the Board. We should be working toward laws that are workable and that
the people can live with. One of the functions of the Board is to suggest
revisions of the ordinance as the proposed changes are brought up for
consideration. Question now is how to take care of those problems that
are coming up at the present time Limy voiced disapproval of the Appeal
Board feeling that there would be a delay in getting approval for building.
It was noted that when the building plans are submitted they are to show what
materials are to be used and lir. L Doux was asked if he had done this. He
replied that he had told Mr. Stansbury that he was using plastic pipes in the
vents and drains because had already ordered it.
Mr. Tom Terry, a master plumber, said that they as plumbers must conform to
the Plumbing Code and it did not allow plastic pipes, mainly because of the
sewer gas which is quite dangerous and felt that if they must conform to
the code, then everyone should do so. As far as the FHA specifications are
concerned, these are the very minimum.
L1r. Sutliff noted that the plastic pipe is something new, is light weight
and is guaranteed for some 30 years. This would save about 60% on the shipping
of this pipe. This has been approved by the FHA and many cities in the lower
48. This is a do-it- yourself product as anyone can install it. The local
Board should consider these new products, what was true three years ago may
not be true now.
Mrs. tajdu stated that the Appeal Board is set up because the National Building
Code recluires it and (., the inspector has a job to do and when the people cane
before the 2ssembly, the members of the Assembly are not aware of the trade
Enough to help with the complaints. (3) Also established to make recommendations
so that the Assembly can make the necessary and right changes in the Code;
(4) the Building Code is available for reading before a building is started.
If you feel that there is a product that is easier or could be substituted then
you should make an appeal to the Board, If a person knows that these items
are not acceptable and still goes ahead, they should not be surprised at
the outcome and the building is condemned.
1r. Schreiner asked how many building permits had been issued this year -•
roughly ten and Ur. Schr6iner further felt that this did not justify a $13,000
a year job for a building inspector. :r. Stansbury was asked of the average
or total of permits last year and that was $11,000 total of 400 or more
for the last two years.
If new products are available the Code can Le changed, but the Assembly wants
to know that these changes are the right ones. Dean Blake stated that his
understanding of the Board is to see the people when they present their case,
look over the facts and see if it is better or worse than the existing part
of the Code, then the Code could be changed. Mrs. Springhill asked if this
Board is a legal Board that can say yes Mr. Lc,Doux you can put in the pipes
or No, Mr. L4Doux you can't put in the pipes -- in which case what does he do?
It was explained that the Board may Le set up in that manner, and if so and
a person's appeal is denied then he may bring that before the Assembly for
a ruling;
Mr. Arndt suggested that everyone that is interested in building get together
and set up some recoiiiendations, present these to the Board and work from there.
dr, Zimmer brought up the subject of the youth center, saying that the code
says nothing larger than 400 se. feet shall be on pilings and not to be used
for humans, however this center is larger than 400 sq. feet and is Leing used
by the youth of,the City. 'Ibis was done before there was an appeals' board
and the code wasn't changed so:s:r. Zimmer felt that lir, L Doux should Le
allowed to use the plastic drain pines.
r)
KODIAK ISLAND BOROUGH
ASSEMBLY KITTING •- MARCH 6, 1969
AT'T'EST:
0)
Page 10
%1r. Bullock stated that he had voted against that and so had the Building
Inspector, but two years ago the City needed a youth center. Mr. Barr
disagreed because the code does provide for pile dwellings for under 400
square feet but it must meet other requirements.
It was further noted that the Appeal Board will be meeting on Tuesday for
an organizational meeting, however it may be possible to set up a meeting for
the public in order to have a hearing on the problems just discussed.
E. $r. Sutliff stated that he had gotten a bill for $200 for the fire district,
his property was not a hazard to his neighbors and he resented the fact that
he was being charged when he was unable to vote on this issue. He felt also
that a mistake had been made when this will serve so few people.
XIII ADJOURavlaIT
Mr. Schreiner noted that 90% of the people that voted on this issue were
renters and they didn't pay any taxes at all.
This was set up in the Statutes and there is a bill before the legislature
that would tend to take care of some of these inequitites. These are set
up by the State Statutes. Mr. Best did point out these things to the Local
Affairs Agency.
In Juneau's new unification charter they take out a lot of these inequities.
Regardless of whether or not you are a property owner if you net
the other requirements you are allowed to vote.
Mr. Barr stated that this is true that people not residing in the area did
not have the right to exercise a vote and the same is true with people having
property in a corporation that is inside the city.
The meting was adjourned at 11:35 P.M.
Sally B. en ix, Clerk Treasurer
APPROVED::
. S. Lest, Borouj Chairman