03/25/1969 RMI () '1 *1 !
KODIAK ISLAND BOROUGH
SPECIAL ASSEMBLY MEETING - MARCH 25, 1969
I CALL TO ORDER
The meeting was called to order by Presiding Officer Don Bullock, at 7:20 P.M.
in the Courtroom of the New State Office Building, Kodiak, Alaska
II ROLL CALL
Present
Don Bullock, Presiding Officer
Betty Springhill
Don Arndt
Jim Barr
Also present: Jo hajdu, Borough Chairman; Sally Hendrix, Clerk;Pete Resoff,
Mayor; Wilton White; Harry Carter, Seafood Sanitarian; and approximately
35 people in the audience.
III ITEMS TO BE DISCUSSED
A. Election of a New Assemblyman. I7rs.hajdu pointed out that several
additional letters had been received on this subject since the last meet-
ing. Mr. Kelly Simeonoff wrote that since he was moving his residence
inside the City Limits he requested that his name be withdrawn. Mr. Ernie
Milts had telephoned and requested that his name be considered for the
vacancy on the Assembly. A letter was received from Old Harbor submitting
the name of Joe Terabasso as their candidate for the vacancy. A legal
opinion was received from the Borough Attorney and read in full. This
opinion stated that nothing in the Statutes refer to the number of votes
required to elect a person to office; therefore it was assumed that in
Alaska an election is decided by the majority of the votes actually taken.
Section 07.20.070 Alaska Statutes governs the procedure of an organized
borough assembly and Sub - Section (C) provides that no action of the assembly
is valid or binding unless adopted by a majority vote of all votes to which
the assembly is entitled on the question. Mr. Bullock pointed out that
it would take a vote of three (3) to elect any person at this meeting.
11r. Barr moved that the Assembly recess for a five minute executive session
to discuss the personalities involved and the problems in arriving at a
meeting of the minds. Seconded by Mr. Arndt. The question was called
for and the motion failed by following roll call vote: Mrs. Springhill -
NO; Mr. Bullock °- NO; Mr. Arndt - YES; Mr. Barr - YES.
Mr. Bullock then read a statement which said that the City Members were
not ready to consider a replacement on the Assembly at this time. They
further felt that they were being forced into this and wished for more
time to conssder.several members they felt would be agreeable to the
Assembly. Mr. Bullock continued that several calls had been made and one
answer had been received; since this is important to the Borough and the
Assembly more time should be taken to consider the candidates. A special
meeting had been called to take care of items that were on the past agenda
but another meeting was arbitrarily called for fifteen minutes earlier.
The City Representatives did not want to be pushed and forced into such
immediate action on this issue.
Mrs. hajdu replied that this meeting was not an arbitrary one, but was
called to proceed with the regualr business as specified on the agenda.
At the time of her resignation it was the unanimous vote that the election
of a new assemblyman would be the first item of business at the next meeting.
That meeting was adjourned, however before this could be accomplished and
on the advice of the Local Affairs Agency and the Borough Attorney this
special meeting for that election was called. The items on the agenda
were not of an emergency nature and could have been handled in a manner
provided by the position established on the agenda.
Mr. Bullock stated that the item of the election had now moved down on
agenda and it was up to the presiding officer to decide when this will
taken care of; would come under old business. He again stated that he
had called the meeting to take care of three items and that the Clerk
had requested that the fourth item also be placed on the agenda for
consideration. These things would be considered before the election
of a new Assemblyman.
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SPECIAL ASSEMBLY MEETING -
MARCH 25, 1969
Page 2
Pars. Hajdu pointed out that the Borough Assembly is to be established
according to the State Statutes and while she would rather that the
City had four representatives, each with a vote in their own area,
the Statutes are not written that way. The way to change this is to
try through the legislature for a change of the law. As written, this is
the way that the Borough is to be composed, and therefore we should comply
with the law.
Mr•. Barr pointed out the fact that Mr. Best had privately resigned some
four months prior to this meeting and at that time Mrs. Hajdu was the
logical person to replace him and therefore everyone should have been
looking from that time for a. replacement on the Assembly. Officially
Mr. Best resigned nearly a month ago and there has been plenty of time for
reviewing replacements. He further felt that this was a blatant attempt
on the part of the City to keep the seat from being filled.
Mr. Bullock further stated that the City Representatives were requesting
a delay of two weeks for further consideration of the candidates.
And since the time was past that for the second meeting called Mr. Bullock
adjourned the meeting. A point of order was raised and Mr. Barr appealed
the Chair's ruling, the appeal was seconded by Mr. Arndt, a roll call vote
was taken and the appeal denied by the following vote: Mrs. Springhill No;
Mr. Bullock - NO; Tir. Arndt -- YES; Mr. Barr - YES: Mrs. Springhill moved
that the meeting be adjourned, motion died for lack of a second.
The question was raised as to the As-E mbly being a legally constituted
body to meet for the BOE Supplemental on April 1st, 1969. It was pointed
out that a quorum is all that is necessary, however it was a point to
consider that there would not be a full assembly as required by the State
Statutes.
Mr. Joe Terabasso, a candidate for the vacancy and a representative from
Old Harbor, stated that he had lived in the City and also in the Village
of Old Harbor and felt that the villages should be represented and have
a say in the government. Mrs. Helena Schwiete, also a candidate, was
in the audience and stated that she would be willing to accept the seat
if elected and would try..her best. Mr. Carter, president of KANA spoke
on behalf of the people that were listed as candidates and had made the
trip into town at their own expense and felt that they should know
whether or not they would be c.:;nsidered for the position as Assemblyman.
Other members of the audience expressed the desire that the election
should take place and that the vacancy should be filled.
During the discussion on the previous voting on the election of the
Chairman's position, sirs. Springhill pointed out that a telephone call
had been made to Juneau, asking Mr. DeVeau to contact the Attorney General
for an opinion on whether or not the weighted vote would apply in this case.
At the last meeting on March 6th, they had not had the Attorney General's
opinion and he had infect requested time to research the question because
no precedent had been established. This was the reason that Mt, Best
had been asked to wait on his resignation.
Mr. Richard White pointed out that although there are 4500 people in the
City of Kodiak there are six villages around the Island and this represents
six communitites, each having a city or village council and they should
be heard.
Mr. Wilton White did not feel that there was any obligation to fill this
vacancy with anyone from the Villages as the seat vacated was a local sett.
Mr. Terabasso requested some information as to what he should tell the
people of Old Harbor in reference to the necessary qualifications for a�
candidate.
Mr. T. T. Jackson said that as far as Old Harbor was concerned a person
from there would be qualified to represent Old Harbor but perhaps not
qualified to represent Port Lions and felt the person should be elected
from the local area to better represent the entire borough.
Mrs. Springhill moved that this matter be taken up at the next regular
meeting, motion died for lack of a second.
1 (I 4 `
SPECIAL ASSEMBLY MEETING
MARCH 25, 1969
Mr. Bullock asked that the minutes show that the City asked for more time
and that the Outside Voters denied them the time, and did not instigate
this meeting.
Mrs. Hajdu stated that as Borough Chairman she had the right to call a
meeting at any time and did so at this time based on the advice received
from the Local Affairs Agency and the Borough Attorney that as far as a
regular business goes it should be taken care of after the election of
the Assemblyman.
Mrs. Springhill moved that this matter of filling the vacancy be taken up
at the next regualr meeting and that the City representatives will be
prepared at that time to present a cand'•date that will be acceptable to
the assembly and that the BOE Supplemental set for April 1st be moved to
April 8th, following the selection of the person to fill the vacancy.
The motion was seconded by Mr. Barr. The motion passed by unanimous voice
vote.
At this time three other names were presented to the Assembly for consideration
Mr. DeWitt Fields; Mr. Iver Malutin and Mr. Robert Brooks.
Mr. Barr moved that the meeting be adjourned, seconded by Mrs. Springhill,
carried unanimously. The meeting was adjourned at 8:45 P.M.
SPECIAL MEETING ASSEMBLY -
MARCH 25, 1969
I CALL '10 ORDER
Page 3
The special meeting was called to order by the Presiding Officer Don Bu'.ock
at 9:00 P.M., in the Courtroom of the New State Office Building, Kodiak,
Alaska.
II ROLL CALL
Present
Don Bullock, Presiding Officer
Betty Spreinghill
Don Arndt
Jim Barr - constituting a quorum
Also present: Mrs. Jo Hajdu, Borough Chairman; Sally Hendrix, Clerk; Pete
Resoff, Mayor and approximately 35 people in the audience.
III ITEMS TO BE DISCUSSED
A. Approval of Shuyak Island Timber Sale. A letter from the State Division of
Lands has been received stating that there has been a firm request to have
the Big Bay Timber Sale on Shuyak Island reoffered for sale. The area,
volume, and general contract terms would be the same as offered on June 4,
1968. The general area has been selected by the Kodiak Island Borough
and monies derived from the sale would be credited to the Borough. It was
requested that Borough concurrence be given either in the form of a
resolution or directive. An earlier letter from Mr. F. J. Keenan,
then acting Director of the Division of Lands, was referred to in which he
stated that the timber sale auction held on June 4th, 1968 did not result
in the sale of the Borough Timber. The Perinosa Sale on Afognak Island
was however successfully bid for by the Columbia Lumber Company. Mr. Sutliff
had called the Borough Office and recommended that if the Assembly did
approve this sale that the earlier letter be referred to and that the price
be set that would not be lower than the price bid at the Afognak sale.
Mr. Sutliff was in the audience and recommended further that the Assembly
not take action on this until all the facts were presented. He pointed
out that the acreage was sold about a year ago on Afognak and at this time
no effort has been made to start operation of the logging. This work
should be started before more timber is requested. Mr. Sutliff did not
feel that the sale of this timber was in the best interest of the people
in this area. Fishing is the one major industry and if a logging operation'
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SPILL , I•II ET AIG -- ASSE,i1I LY,' T1ARCIi 25, 1969 Page 4
is allowed to log the timber near the salmon streams it will destroy that
streams /fishing potential. If this lumber was to be used for hones and
business here in Kodiak that would be different, but the lumber is to be
shipped to Japan on Japanese ships and the community will derive only a
percentage on the stulpage. Pair. Bullock stated that he had talked with a
man from the Fish & Game department on this and was advised to be cautious
about - allowing timber to be cut from around the salmon streams. There was a
similar situation in the southwest part of the State where the Salmon streams
were to be protected and were not protected thereby depleting the stock in the
strewn.
Mrs. Springhill asked what about the expense that would be assumed by the
Borough . Mrs. Hajdu replied that she had asked about this and had
received every assurance that the expense to the Borough would be a small
amount, but initial expense might be more than the initial return would be.
The Borough would pay for the survey work in the beginning but the money
would come back later and would more than cover this. It is possible that
the Afognak sale was overbid and the company cannot afford to start operation
After discussion of the fact that although a provision can be put in the sale
that the streams must be protected this would be very hard to police, Mr. Arndt
moved that the Assembly wait for two years and then to reconsider the Big Bay
Timber Sale at the end of that two years, seconded by Mrs. Springhill.
P•1r. Barr asked if Division of Lands had been contacted to find out if there is
particular reason for the sale of the timber at this time or was it just
because of one indication of interest. It was suggested that the Borough
Chairman contact Division of Lands to find out about the offers.
The question was called and the motion passed by unanimous voice vote.
B. Discussion of Hospital Quarters. The Borough Chairman wished to know the
direction the Assembly wanted to go in pursuing the housing _f the Hospital
Staff. There are several ways that this can be handled; (1) contact Olsen
& Sands and negotiate with them or another architect; (2) go to company
making pre -cut structures for a design to meet our needs and put it out on
bid or (3) buy a house that could be remodeled to meet the needs of the Sisters.
There are two houses in the East Addition close to the Hospital that could be
considered as possibilities. One house is $40,000 completely furnished and
has three bedrooms. This house could be remodeled into the needed six -
bedroom. The other is a three bedroom house for the price of $33,000 and could
also be remodeled. Even with remodeling costs we would still cane out ahead.
Sister Mary Loretta and Rev. Childs, head of the Hospital Board, are both in
agreement with this approach. The Sisters have indicated their willingness to
make do in the house until the modifications have been made, they could even
stay at the he pital if necessary. The question was raised as to the date
of the hospital opening - noted that the final inspection is set for April 8th
or 9th and the Grand Opening for the 13th of April.
mr. Okay Chandler mentioned that he had a house that could be available for
the Sisters and would be glad to show it to them. P•1r. Fields also mentioned
that another house was available and should be checked into -- that was the
house belonging to Mt. Jack Moore, located on the City side of the Hyde: house.
It was further noted that ilr. Otis Williams has the key to this house.
It was suggested that the Borough Chairman make an announcement in the form
of a press release that the people interested in either selling a house or
building a house for the Hospital Staff should contact the Borough Office.
After these proposals have been submitted they will be checked and the Assembly
can have an opportunity to look at all the houses and take action on this
matter.
Mrs. Hajdu brought up the fact that a contract had been signed with the Sisters
that if there was a deficit in operating the hospital, the Borough would pick
this up. In view of this the Sisters have been asked to allow Mrs. Hajdu
to review their budget and review price construction and collection procedure
as the Borough cannot afford to pick up a operating deficit for very long.
ATTEST:
SPECIAL MEETING -ASSEMBLY
MARCH 25, 1969
4
Page 5
A member of the audience brought up the question as to whether or not the
Sister's could be housed in an R -1 Zone and it was noted that they were
considered one family.
Mr. Bullock asked if the members of the Assembly were agreeable to having
the Borough Chairman look into housing for the Hospital Staff and also to
review the books of the hospital. The assembly agreed in both of these
suggestions.
C. Approval of Resolution 69 -13 -R Setting Date for 1969 BOE For Real anc?
Personal Property Taxes. The resolution was read setting the dates of
Monday, May 12th, 1969 for the 1969 BOE with Tuesday, Mary 13th as an
alternate date in case two days are needed. Mr. Barr moved for approval
of Resolution 69 -13 -R, seconded by Mrs. Springhill. The motion passed by
unanimous voice vote.
D. Ratification of New Members to Economic Development and Planning Committee
Three names were submitted as new members of the Economic Development and
Planning Committee, Ed Haney, Don Arndt and Emil Norton. Mrs. Springhill
moved for the ratification of the three new members, Ed Haney, Don Arndt
and Emil Norton as members of the EDP Committee. Mr. Jrndt..abstained from
voting and the motion carried with three YES votes.
IV ADJOURNMENT
Mr.. Barr :. ,**... that.. tre meeting be adjourned, seconded by Mrs. Springhill,
the meting adjourned at 9:45 P.M.
Sal y B. endrix, Clerk/Treasurer
APPROVED:
o Hai u ' Borough Chairman