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KOOIAK ISLAND BOROUGH SPECIAL ASSEMBLY MEETING - November 18, 1982
(A Verbatim Record is on File in the Clerk's Office)
I CALL TO ORDER
Deputy Mayor Peotter called the meeting to order.
II ROLL CALL
Present
Mrs. Cater
Mr. Anderson (arrived 6:55)
Mr. Arndt (arrived 7:30)
Mr. Murray
Mr. Wakefield
Mr. White
Deputy Mayor Peotter
A quorum was established.
III ITEMS OF BUSINESS
Absent
aT yi Herrnsteen
1. Res. No. 82 -82 -R, Ratifying and Confirming the Results of the
Nov. 2, 1982 Run -off Election (School Board)
Mr. Murray moved to count the four (4) Questioned ballots voted in
the villages that were not enclosed within two envelopes. Seconded
by Mr. Wakefield. Motion carried by unanimous roll call vote.
Mr. Murray moved to count the one (1) Questioned ballot who had
cast a questioned ballot in the Oct. 5th election and evidently has
been a resident of the Borough for over thirty days and therefore
meets the Borough Code and not to count the other four (4) ballots.
Seconded by Mr. Wakefield. -otion carried by unanimous roll call
vote.
Mr. Murray moved to count the four (4) Challenged ballots, fifty -
nine (59) Questioned ballots and eight (8) Absentee ballots.
Seconded by Mr. White. Motion carried by unanimous roll call vote.
Mr. Murray moved not to count the thirty -six (36) Questioned and
Challenged ballotor the reasons that they are not valid ballots
stated by the State Elections Office. Seconded by Mr. White.
Motion carried by unanimous roll call vote.
e .
(Mr. Anderson arrived.)
Mr. Wakefield moved to adopt Resolution No. 82 -82 -R. Seconded by
Mr. White. Motion carried 4 -1 with Mr. Murray casting the NO vote.
2. Ord. No. 82 -43 -0, Providing for a Special Election in the
Monashka Bay Road Service Area (Public Hearing)
Mr. Anderson moved to adopt Ordinance No. 82 -43 -0 as amended.
Seconded by Mr. White.
Mr. Murray moved to amend the ordinance in Section 1. A special
election shall be held on Tues Jan. 11, 1983. Seconded by Mr,
Wakefield. Amendment carried by unanimous roll call vote.
Regular Session closed:
Public Hearing opened:
Mark Withrow: I'd like to know before the election, who is respor-
sible for making the Three Sisters road the way it was if it wasn't
right to begin with. A special election is going to cost sere
money and I personally would like to see that money spent on f
the roads this winter and hold the election when there is a rerular
election. My main concern is why isn't the Borough responsible ' ^,r
fixing the part that wasn't right to begin with, there must've Seen
some standards that should've been met and weren't met?
Dave Luedtke: (Three Sisters),Wants restitution.
KIB SPEC. ASSEMB'v MTG. - Nov. 18, 1982 Page 2
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Peter C. Bollenbacher: In favor of Service District Election.
Public Hearing closed:
Regular Session opened:
(Mr. Arndt arrived.)
Motion carried by unanimous roll call vote.
3. Ordinance No. 82 -48 -0, Amending Section 4.15.020 of the Borough
Code of Ordinances Relating to Service Area Boards of
Supervisors. (Public Hearing)
Mr. Anderson moved to adopt Ordinance No. 82 -48 -0. Seconded by Mr.
Murray.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Motion carried by unanimous roll call vote.
Mr. Crowe presented a letter to Deputy Mayor Peotter as his petition to
contest the results of the three -year school board Run -off Election.
Deputy Mayor Peotter read the letter dated Nov. 18, 1982 into the
record.
Mr. White moved to acknowledge receipt. Seconded by Mrs. Cater.
Deputy Mayor Peotter read a letter dated Nov. 17, 1982 from the Borough
Clerk to Mr. Crowe into the record.
Attorney Purcell stated that with respect to points 1 and 3 re: official
and un- official ballots in Mr. Crowe's letter when you run out of
official ballots again whether these are in proprieties or not is
questionable. Again point 2 is a factual matter that you would have to
resolve by investigation.
Mr. Murray moved to recess. Seconded by Mr. Arndt. Motion carried.
Back in Session at 8:50 pm.
Mr. Crowe handed an affidavit to Deputy Mayor Peotter which he read
into the record stating that Mr. Crowe is contesting the Run -off
Election held on Nov. 2, 1982 with the previous letter read into record
as an attachment.
Mr. White moved to amend his previous motion to acknowledge receipt to
include the affidavit. Seconded by Mrs. Cater. Amendment carried
4 -2 with Mr. Arndt and Mr. Murray casting the NO votes.
Mr. Murray moved to further amend the motion to say that the Borough
accepts the information presented and authorizes the Management to
investigate the information presented. Seconded by Mr. Arndt.
Amendment carried by 4 -2 with Mrs. Cater and Mr. White casting the NO
votes.
Main motion as amended failed 3 -3 with Mr. Anderson, Mr. Arndt and Mr.
Murray casting the YES votes.
Mr. Murray moved to accept Mr. Crowe's letter contesting the election
for the run -off of the School Board and that the Assembly investigate
the contents and make the findings fact. Seconded by Mr. Arndt.
Motion carried 4 -2 with Mrs. Cater and Mr. White casting the NO votes.
-Mr. Murray moved to rescind the action on Resolution No. 82 -82 -R.
Seconded by Mr. Arndt. Motion failed 3 -3 with Mr. Anderson, Mr. Arndt
and Mr. Murray casting the YES votes.
Mrs. Cater moved that after investigation that the election is valid.
Seconded by Mr. Murray. Motion failed 1 -5 with Mrs. Cater casting the
YES vote.
The Chair ruled that Resolution No. 82 -82 -R stands in abeyance until
such time as an investiaation of the election has been held and at such
KIB SPEC. ASSEMBLY MTG. - Nov. 18, 1982 rage i
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time as the investigation has been completed, a Special Meeting or
Regular Meeting will be held and we will then consider the investigation
of the election and vote on the results of the investigation. The Chair
directs Management to conduct such investigation.
Mrs. Cater moved that the investigation be completed and reported back
to the Assembly at the Monday, Nov. 29th meeting. Seconded by Mr. White.
Mr. Arndt moved to amend the motion to the date of Dec. 2nd meeting.
Seconded by Mr. Murray. Amendment carried by unanimous roll call vote.
Main motion as amended carried by unanimous roll call vote.
Mr. Murray moved to adjourn and Deputy Mayor Peotter called the meeting
adjourned at 9:15 pm.
ATTEST:
oroug 'eputy 'ayor