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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 _F 9 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 ) +i ? 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 n 2 9 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