04/03/1975KOD*4Kr)ISLANDI BO/2O' MA EMtBL
APRIL 3, 1975 t
I CALL TO ORDER
The meeting was called to order by Presiding Officer Sven Haakanson
at 7:40 P.M., in the Borough Meeting Room, Borough Building, Kodiak,
Alaska.
11 ROLL CALL
Present Absent
Sven Haakanson
Dr. Michael Cathey
Alex Panamaroff , Jr.
Wilton T. White
Nicholas Pestrikoff
III MINUTES OF PREVIOUS MEETINGS
IV MINUTES OF OTHER MEETINGS
C. Ross Wood, Mayor
Also present: Mr. Warren Colver, Borough Attorney, Will Gariss,
Planner and Ed Haney Borough Assessor and approximately 45 people in
the audience.
A. Assembly - Regular Meeting - March 6,197a - Mr White moved for
approval of the minutes as presented seconded by Mr. Pestrikoff.
The Clerk noted that a request had been received to have a statement
clarified for the record Mr. White read the following statement into
the record: " Mrs. Wallin's statement was taken verbatim from the
minutes of the meeting of March 6 - 'I'd just like to say that I served on the
Borough last election for a year, Chuck Powell was the presiding officer
and he controlled the weighted vote. Now I don't know, I didn't never
do J ny research on it but as a presiding officer he had that right and
when it wasn't to be issued he voted it down himself, he just wouldn't
recognize it. I don't know, I'd have to leave it up to Warren Colver, he
was our attorney for part of that year." Mr. White amended his motion
with the approval of the second to include the correction as stated. Question
was called and roll call vote taken. Motion passed unanimously.
The Presiding Officer stated that since the Borough Mayor was not present
this evening he would like to appoint someone to handle the assembly
packet and take care of reading the correspondence and requested that Mr.
Colver act in this capacity. Mr. Colver accepted and took the Mayor's chair.
B. Assembly - Special Meeting - April 2, 1975- Public Hearing on the
Reapportionment of the Borough Assembly. Mr. Haakanson, Presiding Officer
stated that he was unable to attend the meeting as he did not receive notification
in time to catch the plane. Dr. Cathey moved to accept the minutes of the
Special meeting on Reapportionment of April 2, 1975, seconded by Mr.
Pestrikoff. Question called, motion passed by unanimous roll call vote.
A.Planning 6 Zoning - Regular Meeting - March 19, 1975
B. School Board - Regular Meetings - March 10th 6 24th, 1975
C. OED Committee (not available this date)
D. Health Resources - Regular Meeting - March 17th, 1975
E. BiCentennial Meeting - Regular Meeting - March 17th, 1975 (not available)
F. Kodiak- Aleutian Center Governing Board - Regular Meeting - March 17,
1975 (not available)
Mr. Pestrikoff moved to accept minutes of the four different boards,
Planning and Zoning, School Board, Health Resources and Bicentennial,
seconded by Mr. White. Mr. White had one comment on the minutes of
the Special Meeting of Planning 6 Zoning, and asked if the exception
K18 mss&ibfj' ,jaii 1. I $'5
Page 2
in the R -I Zone was granted for just one lot. This was answered in the
affirmative. A question was raised about the reason for suggested
rezoning of an entire block as the request had been for only two lots.
This was explained as a method to b t spot zoning.
call vote
called on the motion and motion passed Y unanimous
V COMMUNICATIONS AND APPEARANCE REQUESTS
Mr. Haakanson, stated that he had talked by telephone with Mr. Wood
today and that Mr. Wood had stated he was withdrawing his resignation.
A letter to this effect is in the mail. This course of action was taken due
to consideration of the cost of a special election. Mr. Haakanson stated
that the item concerning the resignation would be withdrawn from the agenda.
A. Letter from Martha Taylor - Re: Sale of Land Located in Russian Creek
Subdivision, read in full by Mr. Colver. The letter stated that a Native
Allotment Claim had been submitted on a portion of Lot 24 and that Mrs.
Taylor wished this to be a part of the record to prohibit the sale of this
land. Anyone purchasing this lot would have to sue to quiet title. Mr. White
requested that this item be brought back at the next assembly meeting and
that maps be available in order that the Assembly may identify the location
of the land in question.
B. Letter from Connie Chya Re: Borough Representative on the K.A.C.D.0
Board of Directors, read in full by Mr. Colver. Mr. Haakanson gave a short
resume of the history of the Board and recommended that a representative
from the Borough be appointed to the Board. Mr. White asked if Mr. Will
Gariss would be willing to represent the Borough on this Board and Mr.
Gariss indicated that he would. He noted that he had had several years
experience as staff to a similar board in Everett, Washington and Clallam
Jefferson County Mr. White moved that the Assembly concur with the
recommendations of the Presiding Officer and Acting Borough Mayor that
Mr. Gariss be designated as the Borough's representative on the K.A.C.D.0
oar o irectors, seconded by Mr. Panamaroff. Question called, motion
passed by unanimous roll call vote.
C. Letter from Dr. William McIver re: Borough Support of the Kodiak
Aleuitan Mental Health Center. The letter was read in full by Mr. Colver.
Dr. McIver asked to discuss the Borough's support of the Center ; the fact that
this support places the Borough in competition with private business. Dr.
McIver noted that since he has been in private practice he has given at
least 250 hours of service to Alaska Natives alone, with no charge. There is
apparently a need for private practice here. Mr. White asked if Dr. McIver
was in agreement with the need for a mental health center and was it only
the application of money from the Borough that he questioned, Dr. McIver
replied that there is a need for educational programs and services that
would not be available through a private business. In answer
replied that
or not service had been extended to the villages,
he was working on a plan with KANA to make trips to the villages, also
plans to hold a training session in Kodiak for aides. As Director of the
Mental Health Center he had previously been able to make some contact
with the villages.
Mr. Guy Powell was in the audience and as Chairman of the Governing
Board gave a short resume of the operations of the Board. The local
sponsor of the Mental Health Center is the Kodiak island Borough and
through the Borough Mayor the Board is appointed; the Borough provides
for the audit of the books and general supervision of the operations of
the center. A new staff member is to join the Center within a very few
weeks. Mr. Powell noted that without the support of the Borough the
matching contributions from the State and Federal agencies would be
reduced and that the center would have difficulty in of providing the services the
required by the contract. Mr.Pat Spartz, Director
audience and reaffirmed the fact that removal of the borough support would
be a crippling blow to the Center. He went on to state that he as well as
K� B RSSgMBZYZEETII - AFdiL 3 1975 Page 3
Dr. McIver is working with KANA on.proposals and that hopefully this
will be worked out to the satisfaction of both parties without competition for
either Dr. McIver or the Center. It was noted by the assemblymen that
the comments made would be considered at budget drafting time.
D. Correspondence Between the Borough Office and Village Corporation of
Ouzinkie and Resume of Telephone Conversation between Jack Alexander
and Borough Office re: Support for the Transfer of the Rifle Range to the
Department of Fish & Wildlife for Hunter Safety Program, a short background
sketch was given for the benefit of the Assembly. A member of the audience
from the Village Corporation of Ouzinkie questioned the need for the entire
668 acres but did however voice non - objection to the use of the area as a
rifle range. It was noted that the Department of Fish and Wildlife should
be advised to contact the village corporation directly in this matter.
VI PUBLIC HEARINGS
A. Second Reading and Public Hearing - Ordinance No. 75 -2 -0 Establishing
A Record Retention and Disposition Schedule, read by title only as copies
were available for the members of the audience. Mr. White moved for
adoption of Ordinance No. 75 -2 -0 establishing a record retention schedule,
seconded by Dr. Cathey. The regular meeting was closed and a public
hearing opened. A member of the audience asked if this would mean hiring
additional personnel. Mr. White explained the purpose of the ordinance and
establishment of the schedule for microfilming or destroying records no
longer of a legal or historical value tothe borough. This would allow
space presently used for storage to be put to better use. The public hearing
was closed and the regular meeting reconvened. The question was called
and motion passed by unanimous roll call vote. (Action Rescinded later)
The Presiding Officer declared a 15 minute recess, at 9:00 p.m.
Meeting reconvened at 9:15 p.m.
B. Second Reading and Public Hearing Ordinance No. 75 -3 -0 Amending the
1974/75 Budget read in full by the Borough Attorney Mr. Colver. Mr. White
moved for adoption of Ordinance No. 75-3-0 amending the 1974/75 Budget,
seconded by Mr. Pestrikoff. The regular meeting was closed and the public
hearing opened. Mr. Taylor was in the audience and asked if the $1320
figure reflected the cost of living allowance or just a raise - noted that this
was the cost of living allowance retroactive to July I, 1974. Mrs. McFarland
asked whether or not this could be acted upon with the weighted vote still
in question, the weighted vote was used at the time the proposed cost of
living allowance was first presented.
At this point it was brought out that the Borough Attorney had information
that would be relative to this voting. There was some discussion on the
Temporary Restraining Order brought against Ross Wood, Sven Haakanson,
Alex Panamaroff, Jr., and Nicholas Pestrikoff, which would prohibit any
action being taken on ordinances, resolutions or order without provisions
made for the weighted vote. It was determined that it would be best to table
this action on the motion until later. Mr. White moved that the budget
proposal be tabled, seconded by Dr. Cathey, question called and motion
passed by the following roll call vote: Mr. Panamaroff YES; Mr. Pestrikoff
YES: Mr. White YES; Dr. Cathey YES; Mr. Haakanson NO. Motion passed
four to one.
The Attorney read the Temporary Restraining Order in full. He further
noted that on November 5, 1974, in his written opinion, the areaswhere
a.weighted vote could be used are set out on page 2 of that opinion. These
areas are area -wide taxation, indebtedness (bonds, etc), budget as far
as maintenance of the school and planning and zoning. Mr. Colver went on
to state that it was his feeling that amendment of the budget ordinance was
not an areawide power; however Mr. White felt that this was an area of
indebtedness and the weighted vote would apply. It was further noted that
KIIY SEXALY)MaTtt 3Aip+11.1'. 9757
Page 4
the city representatives would not accept any interpretation that leaves out
the prime function of the borough in considering the budget. Dr. Cathey
again read the paragraph #2 of the restraining order and noted that action
had already been taken on an ordinance and they could be in violation of
the order. A lengthy discussion followed on the role of the assemblymen and
the fact that they are to serve the best interest of the people of the borough
not just one segment. Again pointed out that at this time, the only legal
composition of the borough assembly is as it is presently organized, that
being two representatives appointed from the City Council and that in order
to insure that the people inside the city have equal vote the weighted vote
must be used on all area -wide matters.
Mr. Karl Armstrong pointed out that there was a very important factor that
had recently come to light that the audience was probably not aware of -
this was the inclusion , by an act signed by the Governor, of the Coast Guard
Base. This would mean that there would be more people in the borough
than inside the City of Kodiak and that the population ratio would change
drastically. All of the civilians could be counted and 65% of the military could
be counted for purposes of reapportionment. Community 6 Regional Affairs
has indicated that they are prepared to issue a Certificate to the Kodiak Island
Borough changing the boundaries of the Borough and including the Coast
Guard Base. Mr. Armstrong submitted the point that the city would not be
entitled to the weighted vote., that in fact this should go to the members of
the assembly elected from outside the City.
Mr. White noted that the members outside the City did not need the weighted
vote, in the past the minority of the members of the assembly have represented
the majority of the population but that this would not be true if the base is in
fact a part of the Borough. Mr. Patrick Poland, Community & Regional Affairs
indicated that the new Certificate of boundaries will probably be issued next week..
The point was raised that the question of reapportionment could not be
solved at this time, however there was the question of the Termporary
Restraining Order which would prohibit any action by resolution,
ordinance or order without a plan for weighted vote. There was some
discussion as to whether or not a plan could be agreed upon, whether or
not to follow the attorney's opinion of November 1974 - Mr. White noted
the opinion stated that the weighted vote was apparently being used in the
face of the act.
It was suggested by a member of the audience that if the assembly could
not come to an understanding, that perhaps the meeting should be adjourns
until after the Ilth of April at which time the hearing would be held and some
of the items could be ironed out.
The presiding officer recessed the meeting for ten minutes., at 10:10 p.m.
Th meeting reconvened at 10:30 pm.
The Presiding Officer recommended a motion to rescind the previous action
taken on Item "A" under Public Hearings. Mr. White moved that the borough
action on adoption of Ordinance No. 75 -2 -0 in the second readmg b�n
seconded by Mr. Panatniroff. The questio was call and the motion pass y
unanimous roll call vote. The Presiding Officer asked what action the assembly would like to take on the
deadlock, evidently they had not been able to agree on a plan implementing
a weighted vote. The Presiding Officer stated that the Chair would recommend
that the assembly take care of the agenda items that would not reflect the
weighted vote as stipulated in the restraining order.
VII OLD BUSINESS
A. Status Report on Royal Large's Proposed Negotiated Sale - Will Garris
(deleted from the agenda)
KIB'rASSIME1L'flAr rr f}+'PrIL iv! n Page 5
8. Status Report on Landscaping Design Project - Borough /School Complex,
Requested by Borough Mayor - Will Gariss. Mr. Gariss presented a map of the
complex showing proposed plan for parking and noted the areas of land-
scaping. Mr. Gariss did note that this plan will not be implemented this
year but will take several years to reach completion. The parking spaces
are being added in order to bring the building up to the code requirement.
There is a problem at the entrance of the high school where water and snow
creates a hazard and it is proposed that this walkway be covered . The Planning 6
: Zoning Commission has requested that the thoroughfare from Rezanof to Upper
Mill Bay Road not be closed off and that it be designated as a street.
(No Action)
C. Report from Staff re: Blasting in the Borough - resume given by the
Clerk, noting that the City of Kodiak has a requirement that individuals
wishing to conduct blasting operations are required to notify City Hall and
that this might be something the Borough would wish to consider at a later
date. (No Action.)
D. Tideland Lease Natives of Afognak w /Letter from Division of Lands
and Corp of Engineers - Mr. Wamser was in the audience and asked for
the support of the assembly in this matter, noting that the building season is
fast approaching and they wish to have the construction of the docking
facilities underway before the end of the summer. Mr. Wamser read portions
of letters from other organizations supporting this project. Again there was
question as to whether or not the Assembly could act on this in the face of
the restraining order; however it was further noted that this was delayed
at the last meeting and that there are many time factors involved. Mr.
Pestrikoff moved to voice non objection, to issuance of the permits from the
Division of Lands and Corps of Engineers to the Afognak Natives, Inc.,
seconded by Mr. Panamaroff. Question called, motion passed by following
roll call vote.
Dr. Cathey NO; Mr. White YES; Mr. Panamaroff YES; Mr. Pestrikoff
YES: Mr. Haakanson YES;
E. Letter from HUD - Notice of Preapplication Review Action w /memo from
Clerk re Co -op Agreement with the Cities of Old Harbor and Ouzinkie.
Resume was given, stating that HUD had asked if the Kodiak Island Borough
and the Villages of Old Harbor and Ouzinkie would be willing to enter into
an agreement in order for all applications and projects to be submitted at
one time. Since the Borough's project is the establishment of a sanitary
land fill in each of the village and this project as well as those applied for
by thgvillages will require a public hearing, it would save considerable
paperwork. The Village of Ouzinkiehas replied and is in
agreement. Mr. Haakanson indicated that the Council of Old Harbor had not
had an opportunity to make a decision as yet but should do this next week
No action required by the assembly .
G. Resolution No.75 -6 -R Establishing Payment in Lieu of Taxes for
Personal Property, City of Kodiak (Not discussed)
H. Review and Approval of Agreement Between Borough and Department
of Highways re: use of Rip -rap Material from Kalsin Bay - Exchange for
Gravel at Miller Point (Not discussed)
VIII NEW BUSINESS
A. Memorandum from Borough Mayor, resignation (deleted from agenda)
B. Status report ofPlanning Department - Mr. Wil Gariss, Planner for the
Kodiak Island Borough gave a very informative report on the functions of
the Planning Department, the Priorities of the department and the evaluation
of the 1968 Comprehensive Plan. Mr. Gariss pointed out several areas of
immediate need for attention these would include a plan for citizen parti-
cipation in the planning process, more active participation from the outlying
KIBIAS,EMBLYS MEET!" 7 AIM I 3.. Page 6
areas, plans for the implementing of the development plan and necessity
of an continual updating of the plan. Also important is an inclusion of the
economic /social aspects of the community. Mr. Gariss did note that of
great importance in the very near future is the need for a coastal zone
management plan established by the community that would allow the community
to govern the use of its own coastal zones. Also to be considered is the
impact of offshore oil leases and impact of the 200 mile limit law. The
University of Alaska has prepared an atlas and Mr. Gariss suggested that the
Borough and the community should provide whatever assistance they can to insure
that this very comprehensive study is published.
C. Resume of Telephone Conversation with Col. McNall Office of Economic
Adjustment re Closure of Chiniak Tracking Station - Report of Committee.
Mr. White stated that a task force has been organized and at the present
time no one is sure of the exact information that is needed for the Office
of Economic Adjustment. A representative from this office will be in Kodiak
around the 15th of April to provide information and to assist the community
in seeking funds or help to obtain use of the base for another agency.
The Coast Guard had in the past expressed an interest in this area for a
Loran Station and contact will be made with Senator Stevens to see if he can
be of assistance in that area.
D. Resolution No. 75 -10 -R Approving 1975 OED Progress Report (not
discussed)
E. Resolution 75 -II -R Establishing 1975 BOE Date - May 5th 5 6th (not
discussed)
F. Resolution No. 75 -12 -R Approving Final Plat of Lot I1D, Block 7,
Bells Flats Subdivision (Fearn) (Not discussed)
G. Resolution No. 75 -13 -R Approving Final Plat of Lots 6 6 7, Block 4,
Miller Point Alaska Subdivision (Borough -Pugh) (Not Discussed)
H. Report from Clerk /Treasurer on Recommended Tax Write -offs
Credits and Debits (not discussed)
I. Monthly Expenditure Reports - January and February
Accepted as presented
J. Letter from School District Requesting Delay of Thirty Days For
Presentation of 1975/75 Budget to Assmbly. Mr. White asked if all were in
agreement to defer action for thirty days on this and this would not be
an area wide in question. Mr. White moved that in compliance with the request
of the School District, the Borough Assembly agrees to a thirty -day extension
for presentation and action on the 1975/76 Budget, seconded by Mr.
Pestrikoff. It was noted that this would be a 30 -day delay in presentation
and 30 -day delay in acceptance. The question was called and motion passed by
unanimous roll call vote.
Mr. Karl Armstrong reread the restraining order and stated that the assembly
was in violation of the restraining order unless they rescind the action just
taken. The question was raised also by an assemblyman about the action
taken on the tideland lease for Afognak Natives, Inc., and whether or not this
action would also be in violation.
Mr. Colver, Borough attorney, stated that they were not asking that the
weighted vote be implemented on this - this was only a deferring action.
X ASSEMBLY COMMENTS
A. MR. White - asked whether or not the assembly wished to have an another
hearing on the reapportionment question or had enough information been
KII; AS ;it1�.l� t.i �i 1 qA ;rft!L' ;, 77Tt
gathered to determine the proper question to put into ordinance form.
(No action taken)
B. Mr. White read into the record a letter from the Chairman of the
Governing Board of the Mental Health Center, stating that there were currntly
several vacancies on the board and that there was a need for appointment
of additional members to insure continuance of the meetings. A memo was
read from the Borough Clerk informing the Assembly of letters mailed to
various organizations requesting names of individuals who might be
interested in serving on this board - only one reply has been received to
date. (No action)
C. Mr. Whte asked the assembly members if they still felt that the Deputy
Presiding Officer should not be designated as an additional signer on the
Borough account. With the absence of th Borough Mayor and the fact that
the Presiding Officer is unable due to weather to get in Kodiak very often
it has presented some problem in the day to day business of the
Borough. It was suggested that maybe this could be reconsidered at the
next meeting and the matter could be taken care of through an emergency
ordinance. The assembly concurred in this course of action.
XI AUDIENCE COMMENTS
Page 7
A. Mr. Jack McBride suggested that there be at least one more public
hearing on the question of reapportionment and if the Coast Guard Base
is to be included in the Borough these people should have some input to
the method of reapportionment.
B. Mr, Taylor asked about the fund balance in the Land Sales Account
and why there was such a large sum of money there. It was stated that
reserves were set up in the past for a municipal building and for
additional surveys, however with the present use of the borough building
and with the fact that possibly very few surveys will be made, these
reserves could be released. Mr. Taylor asked about the contract with the
hospital and what was being changed in the contract; noted the area in
question was the Borough requirement to take over the accounts receivable
should there be a deficit. Mr. Taylor restated his suggestion
that the Borough take into consideration the surplus money in the land
sale fund and make use of the it for the upcoming budget.
C. Mr. Lou Schneider asked if the money was in TCD's - answered in the
affirmative and he further asked if these were put up for competitive bid
this was also answered in the affirmative.
D. Mr. White asked that it be made a matter of record that the city did
not push the matter of the weighted vote as they could have and that they
have attempted to work as a unit of government.
XII ADJOURNMENT
There being no further business the meeting was adjourned at 12:45 P.M.
ATTEST: APPROVED:
Borough Clerk Acting Mayor