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02/20/1975KODIAK ISLAND BOROUGH rl ASSEMBLY MEETING FEBRUARY 20, 1975 i CALL TO ORDER at T h' meeting was called to order by Deputy Presiding Officer Cathey, P.m. in the meeting room of the Borough Building, Kodiak, Alaska. 11 ROLL CALL PRESENT Dr. Michael Cathey Mr. Wilton T. White Mr. C. Ross Wood, Mayor ABSENT Mr. Sven Haakanson (excused) Mr. Nicholas Pestrikoff (excused) Alex Panamaroff (unexcused) Mr There were approximately 35 people in the audience. The Deputy Presiding Officer noted that a quorum was not present and that the record should show that Mr. Haakanson and Mr. Pestrikoff were excused from the meeting because of being unable to get back to Kodiak. Mr. Panamaroff's absence was unexcused. Mr. Armstrong presented a copy of the Kodiak MIRROR noting t special meeting as I: 30 ate. Dr. Cathey 9 hat the legal notice carried the time of the s y stated that the record would g rather than 7� show that the legal notice as presented P m the MIRROR listed the correct time and date. to Si nCe /*oquorum was present, no formal action could be taken on an the agenda items, however the meeting was opened to the matter of reapportionment. any °f pportionment. Public comment on The Presiding Officer noted that the Borough Attorney had submitted three alternate ways in which the Assembly could be reapportioned. Those are: (A) Election of four assemblymen at large within the City of Kodiak and election of three assemblymen at large within the area outside the City. (e) Creating four single districts within the City of Kodiak and electing one man from each district and creating three single districts and electing one man from each of the three districts outside the City of Kodiak. (C) Electing seven members at large from the Borough. It was pointed out that these were only suggestions by the Attorney that the Borough is not bound by these. The public hearing in order that public input could be obtained prior was placement and the question on a ballot. or to the pla called The floor was opened for discussion on the matter before the Assembly. Mr. Nick Szabo suggested that there be two members a City Council and two members elected at large from appointed from the The area outside the City of g O within in the into h of Kodiak. districts. These would be: Y Kodiak would be divided into three City of Kodiak, which wo ill - the area on e the road Road, Isla d north of Miller Point and Monashka include Spruce Cape Road, Island Lake area M e City nashka Bay. #2 - the area on the road system south of ty of Kodiak, including Bells Flats, Chiniak, Pshagshak and Anton Larsen Bay. #3 - would include the rest of the Borough not encompassed 2 : r! n 1 r KIB - PUBLIC HEARING APPORTIONMENT FEBRUARY 20, 1975 Page 2 in the previous districts. Mr. Szabo stated his reason for suggesting that two members be appointed from the City Council would be to maintain the close working relations between City and Borough government. He did feel there was very little merit in having districts within the City as the area is small enough that nearly all the problems are known to all the people within the City. He further pointed out the importance of having the areas outside of the city ,which have very different problems, broken up into the threee suggested districts. There are uniquee problems in the Island Lake Spruce Cape area; these are different from those problems in the Bells Flats Chiniak area and the problems in the village areas are even more unique. This proposed method would ensure that the village areas had a represent- ative on the Assembly. Mr. Lou Schneider proposed that the members from the City be elected in the following manner: three from the City elected at large and one from the City Council not directly elected at large. The outlying area would be divided by a line from the head of Hidden Basin to Craig Point, this would make two districts outside the City of Kodiak. One district (the northern portion would elect one member; the No. 2 District which would include the villages would elect one member. The remaining seat would be elected by both districts at large. Another method would be by drawing a line from the center of town at right angles and would include the Island Lake - Monashaka Bay area which would have one representative; there would be one elected from Town to Chiniak area and one from the outlying area. Mr. Schneider felt that the City should have one representative on the Assembly to maintain input from the City. Mrs. Louise Collins advised the members that this reapportionment would have to be based on populattnn ° nom' • •• °1n nut In he nno r.nr•sent- ativ0 fnr n.-" 11.4C'plzele• Neither would you 7ou nave lne proper appm'tiunu ent by electing se”-_- at - lazge it could be possible to divide the Borough into three districts which would be : (I) City, (2) outlying area and (3) villages. The members from the City should not be appointed by the City Council but these seats should be dual seats and the people should run for both. Mr. Ron Chase asked that consideration be given to limiting the Borough to just the road system. The Villages in this manner could form their own borough and would be able to obtain the education system that they need AG far as the number of members for the Borough, by restructure of the Borough this could possibly be reduced to six. All the villages are now asking for the first two grades of high school in the villages as well as housing for the teachers. All of the villages are not contributing to the tax base and the burden of these schools would be on the taxpayers in Kodiak. Mr. Don Egelus noted that he had been a member of the community for several years. He further stated that the Alaska Statutes make no provisions for the appointment of members to the assembly and such appointment is illegal. There is a division of people now and perhaps the comment on two boroughs bears merit, however you can't divide the native land area. Consideration must be given to what will be happening down the road - if you break away, the Kodiak area could well be bankrupt in a few years. He felt that a seven member assembly with four elected from the City and three being elected from the area outside the City of Kodiak is the way to go. There has been considerable discussion on annexation and this is a good time for people to decide whether or not they want inside the City or not. '1 1 2 1 1 5' FEBRUARY 20, 1975 Page 3 Karl Armstrong noted that he was speaking for himself tonight and wanted to comment on what Mr. Egelus said. The proper division of seats would be one district in the City electing four seats and one outside the City limited to three seats. Mr. Armstrong stated that serious note should be taken regarding Mr. Egelus' comment that there is no provision for appointment to the Assembly. In effect Mr. White and Dr. Cathey are sitting on the Assembly illegally. The Borough Attorney has already given his advice regarding the illegal use of the weighted vote and it is in violation of the "one man, one vote" concept established by the Congress of the United States. Mr. Armstrong further stated that the fact that there are other boroughs currently using the weighted vote does not make it legal and the fact that they are breaking the law does not mean we should. We have three members on the Assembly who have a mandate directly from the people. Mr. White and Dr. Cathey are sitting on the assembly representing a municipal corporation and the State has ruled through the court system that this is improper and is in violation of the civil rights of the people. There is thinking that we could avoid the flagrant flaunting of the law by seating two more members from the City Council, and although this would come closer to being legal than anything else we should give consideration to what is legal and what is not. Mr. Armstrong noted further that he had written a letter to the Mirror that was not printed, he had written another letter and that was not published either, however the League of Women Voters' had their letter printed. This was not fair representation. Mr. Jack Wick stated that there had been some pretty good suggestions, but he did think that everyone should be thinking of not only Kodiak City but the entire island. There is great potential here and the City as well as the rest of the island will be growing in the future. Tourism, fishing and possibly oil will increase the tax base and our goals should not be too small. Already inquiries are being made by the oil companies regarding public service facilities here. Consideration should be given to the population growth which may come about within the next five to ten years. If we do no think ahead we will only have to reapportion again. Mr. Jack McBride asked Mr. Wick if he were suggesting that we wait on the reapportionment until this growth is evident. Mr. Wick replied that was not his suggestion. It was noted that there are provisions under the Alaska Statutes to take care of reapportionment when the population increases. Mr. Wick stated he would go along with the four elected from the City at large and three from the area outside the City. Mr. White replied to some questions raised by Mr. Armstrong and noted that appointment from the City Council is the current method and that the Borough is seeking an early resolution to the existing problem. Until such time as another method has been approved the appointment is Legal. At the present two members represent all the population of the City and everyone is in agreement that this is not the best method. Mr. Chandler stated that he has passed around a petition several years ago for districting and he felt that this was the best way to go. Further that there should be districts inside the City to allow the people from Aleutian homes to have representa 9 II KIB - PUBLIC HEARING APP 10 ENT FEBRUARY 20, 1975 Page 4 Mr. Jeff Collins indicated that no one had said anything about the basicphiloecptty' or law and the Superior Court has stated that you will be apportioned according to population. There is a certain percentage of deviation allowed and this can be as high as 11%. The court has stated that certain groups of people will be recognized. The villages represent one group of people; people within the City represent another group of people. There would really be no need to district the city as the members are elected from all over the city and if you divide the area as suggested on the road system you would have too low a population base. Would suggest that the villages have one seat, the immediate area outside the City 2 seats and the City Council should have one seat, this to be a dual seat and the other three elected at large from within the City of Kodiak. Frank Peterson noted that we are essentially looking at reapportionment and he would challenge the wisdom of not looking down the road in the future. He would propose that each of the seven villages have a representative to the Borough Assembly as each have unique problems. In the future there will be 1.3 million acres of land that will be taxable perhaps not the borough but somone will be taxing this. He would further suggest that there be six representatives from the outlying area and six from within the City of Kodiak. Mr. Peterson pointed out that we are talking about people and problems, consideration should be given to the problems that our children are going to be faced withi in the future. Mr. Collins commented on the suggestion of a representative from each villages and pointed out that this would a very cumbersome assembly. The State Constitution originally stated that each first class city should have at least one representative and using a low population base you could have 20 or 30 on the assembly. The question was raised as to how reapportionment would be determined, Mr. Wood replied that a plan would have to be submitted to the voters. According to Community and Regional Affairs only one plan could be placed on the ballot. This would have to pass by the majority of the voters both within the City and outside the City. To question of a time limit - Mr. Wood noted that within six months after the Assembly has determined that it is malapportioned it must take steps to reapportion. This was done at the last meeting. Every member of the Assembly is in agreement to push for a special election and this could be done in May. In answer to the question of how many more meetings would be held Mr. Wood stated that this was up to the assembly. However the plan should be proposed by ordinance which would require a public hearing. The reapportionment would take effect at the next regular election. If one plan is defeated another one will be drafted and placed before the voters. Mr. Wood suggested that public hearings on this matter be held in other areas as this is the usual method. Mr. Armstrong asked if the ordinance requested at the last meeting has been drafted and Mr. White noted that Mr. Pestrikoff had also indicated that a special meeting should be held for a public hearing on the matter and this is being done. Mr. Wood stated that he assumed that this requested ordinance was in the packet the Attorney would have brought with him had he been able to get into Kodiak. For the information of the public Mr. Pestrikoff's motion was read. Mr. Armstrong further asked if the Assembly was taking steps to check on the legality of the weighted voting. Mr. Wood stated that the Borough has taken the stand in his opinion that the weighted vote is unconstitutional and as far as the City taking the Borough to court nothing has been heard on this. 1 1 1 -I ? q I KIB - PUBLIC HEARING APPORTIONMENT FEBRUARY 20, 1975 Page 5 Mr. Zsabo said he would assume that the attorney's opinion is just that and that it would have to be decided in court. Mr. White read from the attorney's letter and stated that it would appear that the weighted vote is apparently permitted in the face of the act. Mr. Armstrong stated that in 1973 the Borough Assembly voted down an ordinance calling for weighted vote and it should be assumed from that that the weighted vote was illegal. Noted by Mr. White that the city re- presentatives used the weighted vote in defeating this ordinance. It was suggested that the discussion be on the reapportionment. Mr. Egelus suggested that the proposal be in outline form and that the steps to be taken also be outlined for the next meeting in order that the public could be better informed. In answer to the length of time before the Borough could change any reapportionment done by the Community 6 Regional Affairs, it was noted there is a two year lapse. Mr. Peterson again raised the question of the weighted vote and appoint- ment from the City Council and asked if the Council was addressing itself to this problem. Mr. White replied that th e Council was seeking legal advise to insure they were on fair and proper ground. He asked the members of the audience to keep in mind that the present representatives were burdened with the obligation of representing two thousand people per man rather than the one thousand and they would like to have two more members. He further stated that the Borough is working on the only legal solution and that is reapportionment. , .rAtetiG uOthmd about the legality of dual designated seats. Mr. Wood rlted that as long as the individual has run for this seat it is legal. Mr. Burnham stated he felt the weighted vote was very rel ent to this .ation for without the weighted vote the people in the City of Kodiak are not receiving proper representation. He did note that this is of course an interim measure but one that must be used for the proper and fair representation. The question was raised about appointing an additional two members for an interim period. However it was pointed out that any change in the composition would have to be approved by the voters. Mr. Szabo noted at this point he would like to change a portion of his proposal to provide for two dual seats (City and Borough) as he did feel there should be representation from the City Council. There being no further comments the public hearing was closed at 9:15 p.m. IV MAYOR COMMENTS - NONE V ASSEMBLY COMMENTS - NONE VI ADJOURNMENT The meeting was adjourned at 9:20 p.m. ATTEST: APPROVED: Norma L. Holt, Borough Clerk C. Ross Wood, Borough Mayor