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09/04/69 RMQ 4 ,dooa,hi 043aa t•» Kodiak Island Borough Assembly Meeting of September 4, 1969 CALL TO ORDER The meeting was called to order at 7.45 Rt by Presiding Officer James Barr following an executive session which had net at 7!00 PI, for the purpose of review ixg applications for position of Clerk/Treasurer (added at September 10th meeting) II ROLL CALL Present 2r. Arndt Icr. Barr :r. kaughton Mgrs. Springhill fir. Sutliff (late arrival) Also present ores Mrs. Hajdu, Borough Chairman, and in the audience, approx- imately fifteen members. III [IWUTES OF PREVIOUS iiDETIt:G A. Assembly, regular meeting of August 21, 1969 There being no cornett on the Assembly misstates of August 21, 1969, they were approved as presented. IV Mums OF GTHER rELTL•K',.S A. P&Z regular meeting of August 27, 1969 Mrs. hajdu commented that the Borough Office was in receipt of a letter of abjection from the City of Kodiak with regard to the Scott zoning, but that this item was still under consideration by the Planning & Zoning Commission. She further commented that Planning & Zoning had, with reference to the pro- posed new zoning ordinance, came forth with the proposal of adopting the Comprehensive Plan Land Use lisp with same modifications. She expressed her thoughts that perhaps this was too drastic of a change, compared to present zoning, and if the Assembly concurred with her, she world attend the next Planning & Zoning meeting and request that the present Zoning Map now in use be the map used, modification being made to it where appropriate. Members of the Assembly expressed their concurrence with Mrs. Hajdu, and she noted that she would attend the next meeting of the Planning & Zoning Commission and rli v.,ec this matter with them. B. Kodiak Island Borough School Board meeting minutes of August 25, 1969 There was no content on the minutes of the School Board meeting�August 25, 1969. V CQIENICATICIb AND APPEARANCE. REQUESTS A. Bulletin fran Alaska '•IUnici.- .. re • 1970 Poli Statement Mrs. Ha carmen that le didn t see in Po cy Statement that was controversial, however, she mentioned the fact that it appeared the i4rnici- pal League might be successful in accomplishing more if they perhaps limited themselves in the number of items they were working for. tr. Barr felt that perhaps a priority list might be recarmeded to them. After sane discussion, Mrs. Hajdu agreed to write to the ihmicipal League requesting that a priority I be set up. B. Letter from Crittenden re Akhidc School trs. Hajdu road the letter fran lr. Critteden with regard to repair work necessary on the Akhiok School for information purposes only, and that she didn't feel the Assembly should proceed any further until legal advice has been sought. Mrs. liaidu noted that she world consult the Borough Attorney on this matter. C. letter from Department of Revenue re 1968 Fish Tax Mrs. Haidu read the letter from the Department of Revenue in which they states: that a previous estimate given the eareggh for fish tax pzFwses had been far in excess of the actual tax, therefore. balance of 'thus tax due the Borough woad be in the amount of 5675.00. The Department of Revenue explains the reason for this as being that more salmon is being shipped out of the state in the frozen form each year, thus cutting down the canners operation bringing in the majority of the tax. .trs. Hajdu went on to say that this might have created a budgetary problem, however, in the auditor's report forthoaning, these is an unapprepriated surplus not previously expected, so this will even out the la+ receipts. It was noted that i4r. Hedla will be attending a meeting with the Assembly to present the 1968 -69 audit. Comments f nn the Assembly members indicated that perhaps the arni.cipal League could work on this item in the Minutes, KIBA 0 0 0 1 0 4 3 9 9 page 2 9 -4 -69 legislature. tics. Hajdu will write the Municipal League requestiiy that they consider this change in the regulations. D. Letter from Chase & Sons re hospital Mrs. Hajdu read the letter received fran Chase & Sons regarding their cork correcting deficiencies in the hospital, which was in answer to a letter fran Olsen & Sands - ins. hajdu noted that this natter would be settled bet Ben the two parties, and no action was required by the Assembly. VI PUBLIC HEARAlGS A. 2nd R and Public rear' , Ordinance 69- 22 -0, Rules of Procedure for As y Mrs. Ha] • asked whether members from the City had any suggestions to bring forth. Mr Sutliff stated that the City had not held a council meeting, so therefore, they were unprepared to offer any camxnt. Mr. Sutliff awed that the 2nd Reading and Public Hearing, Ordinance 69 22 -0, Rules of Procedure for • - Assenhl be tabled. fir . Springhill seconded this motion , and voice vote was ,nammous y in favor. B. 2nd Reading and Public Hearing, Ordinance 69 -28 -0, An Ordinance raking lemntal Ap•r•• iations and Transf- - Certain 'sumo iations. Firs. Hajdu gave background of this xnance, ter ch Mr. Sutli awed for a1 of Ordinance 69 -28-0, An Ordinance making Supplemental Appropria- tions azd Transfer iing� Certain Appropriations. Mrs. Springhf�nded the motion, %chum was follaied by discussion The meeting was closed and public hearing opened. There were several questions directed to the Assembly fran the audience, after which, there being no objections, the public hearing was closed and meeting reopened. The question was called, and roll call vote was unanimous -' ly in favor. VII PI NSIDC AND Z�3 rm•iS A. Wakefield Fisheries' Tideland Application For information purposes, Mrs. Hajdu read a letter from Port Lions accepting tideland application fran Wakefield Fisheries. After some discussion, and with Assembly concurrence, Mrs. Hajdu noted that she %mild write the Division of Lands stating that the Borough Assably had no dhjections to the awlication. s• (ten- minute recess, reconvening at 8:30 PM) B. Donald Arndt Rezoning, Ordinance 69 -20 -0, Lots 9, 10, 11 and 12, Block 3, U. S. Survey 3219, and Lots 1 and 2, Block 1, Miller Point, 1st Addition, Unclassified to Business Mrs. Ha' exp that ir. Arndt had questioned the legality of the voting on this issue by Mr. Barr and if, in fact he could vote on the issue. Mr. iladsen's opinion in the matter was that Mr. Barr should have voted and that Mr. Arndt had only to declare his interest in the issue, that he was entitled to his vote. Mr. Madsen was of the opinion that the issue should be re- opened at the point of the voting, although he was not able to quote any statute in this reference. Since two numbers of the Assembly did not have an opportunity to be present at the public hearing, the Clerk played that portion of the tape recording from the meeting of July 23, 1969. After listening to the public hearing, Mr. Barr noted that the Assembly was entering into the issue at the point where the vote was taken. Mr. Arndt declared his interest in the land, and the roll call vote was then taken: Mr. Arndt, yes; Mr. Naughton, yes; Ors. Springhill, yes; Mr. Sutliff, yes Mr Bas, no. The motion passed by a vote of 6 -1. Mr. Barr then voiced his opinion that the Assembly nay have taken an illegal action, since this might very well be spot zoning, and he felt the Assembly could be challenged. C. Resolution 69 -31-JR - ,'•s sa revised lication for 815 Mfrs. Ha exp -' - reso ution saying t was a revised application for 815 funding to be applied to construction costs of the new high school, rather than East Elementary. After sane di enn9im, Mrs. • 11 awed for the adoption of Resolution 69 -31-OR Approving revised app cation for 1 fund- ing. Mr. Naughton seconded the motion, and roll call vote revealed unaninws approval. VIII OLD BUSINESS A. Nom's Quarters, Time Extension Request Mrs. Hajdu read a memrandiam from the Clerk Betting forth reasons given by :tr. Scam for a one -week time extension request. She also read a nuror'anhm fran the Borough Engineer noting review of the Nun's quarters. In consideration, are members felt he should be allowed ten days, rather than 1 week. Mr. Arndt felt • Kl3iq Minutes ) 0 0) I 0 4 3 9 0 page 3 9 -4 -69 he should be allowed two weeks. After sae discussion, it was moved by Mr. Sutliff that the Assembly accept Mr Scthoon's request for a ten-day extension. Mrs. S r' till seconded the motion, and roll call vote followed: Mr. Arndt, no; NIL. Naughton, yes; firs. Springhill, yes, t`S. Sutliff, yes; Mr. Barr, no; The motion carried by a vote of 5 -2. B. Report of Expenditure, Building Inspector In answer to a request by the Assembly at their meeting of August 21 concerning $1800 which was to be used for building inspection purposes, tors. Hajdu pre- sented an accaauting of the funds. There was some discussion on this matter. One member of the Assembly requested that a copy of the Building Inspector's leave record be requested from the City of Kodiak. It was noted that this will be presented to the Assembly in an executive session. IX NEI BUSSIESS A. Tax Adjustments There was some question about the tax adjustments, so therefore, bars. Hajdu requested that these items be tabled until the next meeting. Mr. Naughton moved that the tax adjustments be tabled, Mr Arndt seconded tn� motion, and roll call vote was unanimously in favor. It was requested that this matter be clarified as to whether these tax adjustments are for the 1968 or 1969 tax roll. B. Request for exception to Code 5 3 3, Covey, t'bnashca ,, Lot 3, Block 5 Mrs. Hajdu read the letter from Lir. Covey requesting Asseray app 8' X 10' extension on his trailer. This was discussed, and there being no objection, Mr. Sutliff moved that Mr. • - be an exception to (Win 5.3.3 to an extension to s - • on Lot , B 5, Mtnashka Bay. Mrs. Springhill seconded the motion, and roll call vote was unanimously in favor. C. Resolution 69 -32 -R Set ' • BOE for 1969 lerental Real Mrs. Hal - reso ution setting • - 196 Rea Supp Board of Equalization for September 15, 1969, and alternate date as September 16, 1969. Mrs. Springhill moved that Resolution 69 -32 -R settinginF for 1969 Supplemental Real property be adopted. Mr. Naughton seoo ded the motion, and unanimous roll call vote resulted. D. cteeninti, 69 -33 -R Setting due and delinquent dates for 1969 Supplemental Real Mrs. kla3du read the resolution setting the 1969 supplemental real tax due and delinquent dates. Mrs. Springhill moved for the adoption of Resolution 69 -33 -R S inq due and delinquent dates for 1969 Supplemen tax. 2E Sutliff udad the motion, and roll call vote was unanimously in favor. X ( P1N'S REPORT A. Mrs. Hajdu noted that the Borough Attorney had suggested that the Borough not furnish copies of material which is public record, that if the public wished to see correspondence, etc., that they may do so, however, the Borough is not obligated to furnish them copies. firs. Hajdu noted that as far as she could remember, it had always been the policy that copies be furnished to the public at the expense of the Borough. After some dis•++•;sion, Mrs. Springhill suggested that if copies were desired, the normal copy cost could be charged, although this should be an administrative policy by the Chairman. B. bas. Hajdu pointed out that in reading through the statutes, the Borough has no length of residence for people wishing to run for Borough Assembly or Borough Chairnan, other than that they be here long enough to meet residence requirements to vote, and she wanted to know if the Assembly wished to set a residence regmsement. There was some discussion, and it was decided that this Should be brought to the attention of the new Chairman after elections. XI ASSEMLY CEMENTS Pa tor. Barr noted that with regard to the fire district tax notices, there was only fifteen days between the due date and the delinquent dates, and perhaps more time Should be allowed in the future. XII AUDIENCE CAM•SURTS A. tor. Barr's comments about the fire district tax notices resulted in quite a lengthy discussion from the audience It was the feeling of a few of those in attendance that the fire district was undesirable, and questions were asked tow it might be dissolved. Members of the Assembly pointed out that it could be dissolved the same way it care into being—by circulating a petition to that affect and having an election. Mrs. Hajdu said she would Check with the Borough 0 0 0 1 0 4 3 9 1 IBA Minutes page 4 Attorney to determine the proper procedure, since an election was required to fornuilate the fire district. It was the general feeling that fire protection should be turned over to the City on a fee basis; this approach is under consideration by the City, however, it was pointed out that the Fire Service District will still be necessary in order to obtain the rented service and to pay for the same. B. With regard to the new volunteer building inspector, one member of the audience suggested that the monies received for building permits be used to pay the new building inspector on a fee basis, however, it was explained that the building permit fees are absorbed in plan checking, etc., and money in the General Fund cannot be dedicated to any specific purpose. The meeting was adjourned by unanimous approval at 10:25 PM. ATTEST: Acting Clerk APP ROVED: 9 -4 -69