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11/10/70 RM1. 0 tl r ) 4 5 KODIAK ISLAND BOROUGH ASSN/ELY A ETING NOVEMBER 10th, 1970 I CALL 1U ORDER The meeting was called to order by Presiding Officer Betty Springhill at 7:40 p.m. in the Courtroom of the State Office Building, Kodiak, Alaska. II ROLL CALL Present Absent Chilton T. /hits, Borough Chairman Betty Springhill, Presiding Officer Ed Naughton T. T. Jackson Don Arndt Norm Sutliff Also present: Bob Grafe, Borough Clerk, Russell '•'alker, new Borough Clerk; and approximately 30 people in the audience. III IRIM 'ES OF PREVIOUS - 'J:i:TINGS A. Assembly - Special `Meeting - September 29th, 1970 - hr. Sutliff moved for approval of the minutes and asked for unanimous consent, there being no objections the minutes were so approved. B. Assembly - Regular ;'eeting - October 1, 1970 - -Tr. Sutliff moved and requested unanimous consent, no objections voiced the minutes f were so approved C. Assembly - Special deer' - October 15th, 1970 - ;tr. Sutliff moved for approval of Special /:eating October 15th, unanimous consent was r equested and no objections voiced, the minutes taese so approved. D. Assembly - Special . meeting - October 30th, 1970 - Mr. Sutliff moved for approval of the special meeting Octnh'r 30th, 1970 minutes reoues unanimous consent. Mr. Fred Fehr' requested that a copy of the I3nergency Ordinance No. 70 -11 -EC be mailed to his office, it was noted that a copy had beenmailed, but another would be posted. There being no objections to the above ration, the minutes were so avrrovved. IV ; URES OF 0nIER IThLxir A. A. School Planning Board & oe - Regular teeting - October 20th, 1970 regular meeting - October 12th, 1970 C. School Board - regular meeting - October 27th, 1970 - No comments were made an the minutes of either the School Board or the Planning & Zoning Commission. V CC[3f3RIICATICNS AND APPEARANCE REQUESTS A. Canvas of Absentee Eallots of the November 3rd, 1970 Election. As a matter of record the Borough Chairman read the results of the Absentee Ballots for the City Election noting that the results had no effect on the borough Election. The Clerk noted that the Assembly would act as Judges in reviewing the absentee votes with the challenged votes being taken first. Challenge :Vote Al - The individual had moved from a City Precinct to the Borough Precinct fifteen days prior to the election and the judge questioned the ' person s right to vote an the borough Assembly. It was the Chic's recommendation that the votes not be counted as the individual had not been in the area outside the • city for the required period of time. tmr. Jackson felt that only those votes concerning the area -wide questions should be counted and so moved, seconded by Ni. Arndt. The questions was called for and the motion passed by unanimous roll call vote. Challenge Vote #2 - The Challenge Oath had been signed however the Election Judge failed to submit a reason for the challenge and the Clerk rexmended that the ballot not be counted, feeling that the Judge did have a valid reason for the challenge. It was the assembly's e:cpressed opinion that the denial to vote shou& not be given without a reason. r. Jackson roved to accept this ballot, seconded 4y/tr. Arndt, motion passed by our to one ro - ■ vote as o • •s: NO; .u•. Naughton - YFS; :;r. Arndt - YFS; :'r. Jackson - YES; :ors. Springhill YFS. KODIAK ISI?ND DOROUGII ASSE:ZLY - rOVEZLr 10th, 1970 Challenge Vote 43 - noted that this was submitted by the sane election judge as previous vote and no reason Bras given for the challenge. As in the previous case iir. Jackson moved to accent this ballot seconded by "r. Naughton, motion passed • four to one roll call vote as follows - r. Sutliff, NO; ' "r. Arndt, YES; .!r. ac son, YE , "r.:aug .ton, :'rs. Spring The clerk read the names on the absentee identification envelopes and they were checked against the absentee registration. Two ballots were not accepted as they did not have the required identification envelope for submittal. Challenge Vote 44 (taken at this time as it was located among the regular absentee votes, submitted by mail). It was noted that there had been conflictur addresses, however the individual explained that she had been in the precinct as registered and was carried in that precinct by the State Election Board. Them were no objections by the assembly in counting this vote. The Ballots were separated and counted, after which the results were read by the Clerk as follows• seconded Proposition No. 1. - Bond Issue - - -- YES - - - - -- 20 NO - - - -- 27 Proposition No. 2 - Sales Tax Assembly Position - School board ( 2 Year Tenn) Mr. moved for ro ca 1 vote. ( 3 Year Term) E. E. Erwin ---- ----- -- - - -- -- 9 T. T. Jackson --- -- - - - -- 13 J. D. Fuln - - -- Dolores Padilla ----- Lynn F. Saune -- --- --- 22 14 17 Clarlee I. Brothers - -- 17 Arthur d+aakanson --- - - - - -- 8 'Jo" Hajdu - - - -- 18 Emil Norton ----------- 28 David rcdli[yec - - - -- 26 Page 2 A short recess was declared by the Presiding Officer, the meeting reconvened at 9:15 p.m. D. Resolution rio. 70 -26 -R Ratification of the November 3, 1970 Election, read in by the Borough Chaiman indicating the results of the election and noting the ballots cast for each questions. The results were as follas. School Bond Issue failed by 891 rips to 831 YES votes. Sales Tax failed with 881 cast in opposition to 847 cast in favor of the tax; The school loard members elected were - Brit Norton and - Jo" Hajdu for the three year teens; J. D. Fulp for the two year tern and the Borough Assembly representative to be T. T. Jackson for a three year term. 4Ir. Su 1 of Resolution No. 70 -26-R, rati e - stson was c- ed for and the motion sassed the electi The Presiding Officer read into the record a letter received from a citizen of the Borough that challenged the Election results of the November 3, 1970 Election. The challenge was based on the fact that Karluk residents waere allowed to vote an the issues and it was the individual's understanding that the people living on the Reservations were wards of the Federal Government and thus not entitled to vote in Borough Elections. The Borough Clerk noted that this had been taken up with the Borough Attorney and the votes were valid. To clarify the situation it was indicated that the question would be placed before the Attorney General for an opinion. 1 4 ') 1 '-) I `) y 2 n KODIAK ISLAND BOROUGH ASSMBLY - NOV BER 10, 1970 Page 3 E C. ,ear In of Elected Officials and i:eca Borough Clerk-Treasurer. The Borough Clerk, iir. Bob Grafe conducted the sc,:earing in of the new Assemblymen, Mr. T. T. Jackson and the City Council Representative, .'r. Dick Sims. The new Clerk r. Russell U. "alker was then given the oath of office and in turn introduced to the members of the Borough AssemLly D. Election of Presiding and Deputy Presiding Officer of the Borouch Assaibl - The meeting was conducted by the Borough Chairman during the election o the Presiding Officer, at which time he stated his position as Chairmen on the defeated Proposition ;',1, School Bond Issue, in that everyone in the Community realizes the need for a new school. The academic structure is changing and the physical structure will also need changing. It was hoped that all parties concerned could *meet and tor): tc:ard this goal; further felt that the fact that issue was defeated by a small margin could give the three bodies, School Board, City Council and Borough Assembly a chance to go back and obtain additional information concerning the requirements of the caninity and the source of paying for these requirements. Nominations were opened for Presiding Officer; Ur. Sutliff nominated '.r. Ed. Naughton. :r. Sirs roved to close the nominations, seconded by :r. Arndt. The question was called for and Ur. i;auchton was elected by unanimous roll call vote. Pr. Mr. Naughton assumed the duties of the Presiding Officer and opened the naminatior for Deputy Presiding Officer. :r. Jackson nominated Ur. Sutliff, seconded by :r. Semis. fir. Arndt moved that the nominations be closed and requested that a unanimous ballot be cast, seconded by Ur. Sirs. ::lotion passed by unanimous rol ca vote. E. Review and Approval of Liquor License Renewal Annlieati.Ons For Kalsin Inn Roy Snyder & Dorothy Spencer; V.R.'^. Club; Rendezvous, Bobby H. & Genevieve A. Hood (t-io applications) The applications were reviewed by each Assemblyman, r. Jackson moved for approval of liquor license renewal applications, seconded by .r. Sutliff. It was noted that there were no reports from either the State or Local Police concerning any violations. The Presiding Officer asked if the audience had any objections; none were voiced. The motion passed by unanimous roll call vote. F. ir. Beaty re Building Permit for Slaughterhouse in telis Flats (State) _r. "hits made the recommendation that a permit be granted to the State with the permit fee being paid, this recommendation based on talk's with both the Building Inspector and "r. Beaty. 1r. Beaty was in the audience and indicated that with the money that would be used to buy the building hermit they would be able to build some feeding pens. The money for the building had been allocated two years ago and in this time the cost of construction has risen so that all the funds will be needed for the project. :¶r. Jackson moved that the assembly accent the proposal and not charge the State for the building pewit, seconded by 'tr. Sutl.irf. T}ie qu Ucn was called for and motion passed by unanimous roll call vote. 4r. Beaty expressed appreciation on behalf of the State for the Assembly's G. Letter frm I+r. tard reouesti ng action concerning Lot 14, Leite Addition. int. White gave a little background on this matter, the Borough has gained title to a lot located between the property of Pr. Olsen and :'s. •lard, hairnet Mr. Olsen's house enroaches on the Borough property and the building on the Borough's property enroaches on the t:ard's property. Fr. card requested that either he be alla.'ed to purchase the Borough's lot or the Borough take the necessary action to move the building from Mr. card's property in order that the area can be cleaned up. The Borough administrative staff is presently working on compiling a list of properties that can be offered for sale at a public auction and the Attorney will be given the paperwork to prepare for such a sale. The sale will probably be conducted through the Borough Office and will not be handled by the State. It was hoped that perhaps the sale could be initiated within ninety days. H. Letter of Application - Harry Felton for Permanent Trailer Court Permit, read in full by the Borough Chairman requesting that a permanent Trailer Court permit be issued for the court located on Hill Bay Road. Mr. Sutliff moved to grant the request, seconded by :r. Jackson, motion passed by unanimous roll call 1 0 0 0 1 0 4 5 2 1 KODIAK ISLAND BORDO3Ii ASSS ELY - NOVEtER 3, 1970 I. review and Approval of Lease A lication - 4a al - e Borrow Site, =ells Flats. app cation etter was r in xcating that "r. Large was requesting a lease on the Borrow Site previously leased by ii. Deater. ;tr. Thite asked that the Borough Clerk research this matter and noted that it would need to be advertised and if tr. Large were the successful Menet, a five -year lease could be issued. It was further noted that the Borough Engineer omrld be requested to make a surve' of the area and determine if the use could be applicable in that area. :tr. Large was in the audience and stated that he did have a current lease for a small amoun of acreage and had paid the annual leas fee of $1200 and since he was not currently using the authorized amount could like to have the additional acreage u the same lease. He indicated he would also be in favor of an additional lease. The Assembly was in agreement that additional time be granted to allow for reasearch of this request and the necessary action to he taken. VI PUBLIC HEARINGS - NOttC• VII PLANNING NG & 2CNING ITS S - HONE VIII OLD BUSEIESS Page 4 A. resolution No. 70 -23 -R, Concerning Open-to-Entry Paiysa,! in Vi areas, read by • • Chairman, sal • reso ution prates ignatia of open -to -entry land in the close proximity of the villages, narticularly yrk> re the land had been used traditionally by the villagers. ;tr. Sutliff moved for adoption of Resolution No. 70 -23 -R, seconded by t7. Jackson. :tr. Sutlit£ asked if passage of this resolution !would cause any hardship on the residents in the mamuiity who wished to buy more land. This ! could not be the case as the resolution requested that the occupants be --iven prefera:tial rights to the land for filing. The question was called for and the motion passed by unanimous roll call vote. IX NEN BUSINESS an A. First Ordinance Co. 70-10-0 Authorizing Purchase of Portable Classroom Unit S • in if • - ...oro stating that the anemdment tuld be made to the Borough Budget Ordinance as a supplement and authorizing the purchase of the portable unit for the Chiniak School. '.+r. Sutliff moved for adoption of Ordinance FO. 70 -10-0 in the First reading, seconded by t+r Jackson, motion passed by unanimous roll call vote. Etc. Watt Fields asked if the people in Chiniak paid taxes and it was noted that most of the people are an the tax roll and those awning only personal property will be placed on the tax roll for the next tax year. B. First Reading Ordinance No. 70-12-0 Authorizing Loan of NBA for Purchase of Yortabie classroom Units, read in Tull by the Borough chairman, establahsing the amount necessary tor the purchase of the units. This line of action was taken in order that the School District would be eligible for the 508 funding for school construction from the State and although there is no guarantee that the funding will be obtained it is well worth the effort to take this course of action. Mr. Jackson moved for adoption of Ordinance tab: 70 -12-0 in the First Reading, seconded by Or. Arndt, motion passed by =emulous nvnous roll rail vtce. For the record it was noted that although the above ordinance was written in the standard foam to indicate payment of a loan from the taxes collected it cans the understanrlirg between the School Superintendent and the Borough Chairman that the Time Certificate Deposits held by the National Bank of Alaska, received from the sale of the downtown school would be used to pay a portion of the cost of the portable units used in the City and at Chiniak. Dr. Lind indicated that this was the case. C. , Lmaktion No. 70 -25 -R, Establi Pa - in Lieu of Personal Prone Taxes llir aQgrrxan - tne ca- n i' .4r , r._ .. an ifs - Borough setting the amount due as $69,681.56. ti... p4 moved for adoption of Resolution tb. 70 -25 -R, seconded by itr. Sutliff. ^r. u.�m. ern suggested that since it is difficult to collect taxes that chaps a method coma ha obtained that would be acceptable to all individuals. It was indicated that perm this would be the time for an in -depth study of the tax situation and the 5a Borough wide sales tax. The question was called and the motion passed by unanimous roll call vote. 1