1987-10-01 Regular MeetingKODIAK ISLAND BOROUGH
Regular Assembly Meeting
October 1, 1987
A regular meeting of the Kodiak Island Borough Assembly was held
October 1, 1987, in the Assembly Chambers of the Kodiak Island
Borough Building, 710 Mill Bay Road. The meeting was called to
order at 7:34 p.m. (A verbatim record is on file in the Clerk's
'—" office)
The invocation was given by the Reverend Don McCullough, Church
of the Nazarene, followed by the pledge of allegiance.
There were present:
Lorne White, Presiding
Ann Barker
Ken Gregg
Absent:
Jack McFarland (Excused)
Alan Austerman
Eric Blankenburg
Wayne Stevens
comprising a quorum of the assembly; and
Jerome Selby, Borough Mayor
Bob Pederson, Acting Community Development Director
Gaye Vaughan, Borough Clerk
APPROVAL OF AGENDA
As there were no objections, the agenda was approved as
submitted.
CONSENT AGENDA
The items on the consent agenda were read aloud by the Borough
Clerk.
GREGG,
seconded by STEVENS
WITHOUT OBJECTION, SO ORDERED
APPROVAL OF MINUTES
moved to approve consent
agenda and remove Resolution
No. 87-55-R and place under
"New Business."
A. K.I.B. Assembly Regular Meeting of September 17, 1987.
This item was previously approved under the "Consent Agenda."
CITIZEN'S COMMENTS
Mayor Selby presented the Employee of the Month award to Karen
Gilson of the Assessing Department.
Jerry Holt thought Resolution 87-54-R did not address the problem
of marijuana and felt the user should be punished as well as the
dealer. He spoke in favor of recriminilization of marijuana.
Scott Thompson noted that he was present to represent the
Planning and Zoning Commission.
REGULAR MEETING
ROLL CALL
APPROVAL OF AGENDA
APPROVAL OF
CONSENT AGENDA
APPROVAL OF MINUTES
CITIZEN'S COMMENTS
COMMITTEE REPORTS
Kodiak Island Borough
Regular Assembly Meeting
COMMITTEE REPORTS (continued) COMMITTEE REPORTS
A. Appointment To Kodiak Economic Development Commission. APPOINTMENTS TO
ECONOMIC DEVELOP-
AUSTERMAN, moved to remove Leon David MENT COMMISSION
seconded by GREGG from the Kodiak Economic
Development Commission
due to his poor attendance
record and appoint James
Carmichael to the vacancy.
VOTE ON MOTION
MOTION CARRIED Unanimous Voice Vote
GREGG, moved to appoint Kyle Taylor
seconded by STEVENS to the Kodiak Economic
Development Commission
seat vacated by Kari
Kornfiend.
VOTE ON MOTION
MOTION CARRIED Unanimous Voice Vote
PUBLIC BEARING PUBLIC HEARING
A. Resolution No. 87-52-R Adopting A Capital Improvement RESOLUTION
Program For Fiscal Year 1989 Through 1993 And Establishing NO. 87-52-R
Capital Project Priorities.
STEVENS, moved to adopt Resolution
seconded by GREGG No. 87-52-R
The presiding officer called for public testimony; there being
none the assembly was reconvened.
Mayor Selby commented that the University of Alaska had moved the
Fisheries Industrial Technology Center to their number one
capital project for the next legislative session which should
help in getting funding.
Assemblyman White read the list of capital projects for the
audience.
VOTE ON MOTION
Ayes: Austerman, Barker,
Blankenburg, Gregg, Stevens,
White
Noes: None
MOTION CARRIED Unanimous
B. Resolution No. 87-54-R Urging The Legislature To Increase RESOLUTION
Drug And Alcohol Abuse Enforcement, Prevention And NO. 87-54-R
Treatment.
The presiding officer called for public testimony.
J. T. Grogan said that he had less to quarrel with in this reso-
lution than the previous one and commended the assembly for being
on the right track. He reiterated that he was totally drug free.
He noted that advertising was the biggest problem with drugs and
proposed the assembly send a resolution to the state legislature
and the U.S. Congress urging a ban on the advertising of drugs
(alcohol and tobacco) in any media. He said without advertising
drug use would be less attractive to adults and youth. He was
not opposed to people using drugs and pointed out that the U.S.
president advocated drug use by toasting visiting dignitaries
with alcoholic beverages. He objected to Item #5 of the resolu-
October 1, 1987 Page 2
Kodiak Island Borough
Regular Assembly Meeting
tion and felt that the assembly was sneaking in the back door by
supporting recriminalization of marijuana. He continued by
urging the deletion of Item #5 and gave his reasons for that
objection.
Jerry Holt responded to Mr. Grogan's remarks by noting that Mr.
Grogan was "smoking" the issue by bringing in coffee, tobacco,
etc. and emphasized the resolution was addressing illegal drugs.
As for advertising, he noted that marijuana is not advertised.
He said marijuana was a "gateway" drug and introduced youth to
the drug scene. He added that the right to privacy does not
apply in this case as there are numerous things one cannot do in
the privacy of their own home, such as murder, sexual offenses,
etc.
The presiding officer closed the public hearing and reconvened
the assembly.
Assemblyman Austerman clarified the author's intent in Item
#5 and said it was not an attempt to use a "back door" approach
to recrimializing marijuana.
Austerman, moved to amend by striking
seconded by STEVENS the wording in Item #5 and
replacing it with "urge
the legislature to
recriminalize the use and
possession of marijuana."
Assemblyman Stevens explained that suggestions from the Substance
Abuse Task Force were incorporated into this resolution and
reviewed the reasoning behind writing the resolution in this way.
A discussion followed between the assembly and the mayor.
Assemblyman Austerman, with the agreement of his second, changed
his amendment as follows:
moved to leave Item #5
as is and add Item #6 to
read "urge the legislature
to recriminalize the use and
possession of marijuana."
Assemblyman Stevens commented that he would vote against the
addition of Item #6 because the wording "recriminalize the use
and possession of marijuana" implies it is presently a legal
activity when it is not.
Further discussion followed between the assemblymembers.
VOTE ON MOTION TO AMEND
Ayes:
Noes:
MOTION FAILED
GREGG,
seconded by BARKER
Blankenburg, Austerman,
White
Barker, Gregg, Stevens
3 Ayes, 3 No
moved to amend by adding a
resolve clause "be it
further resolved the Alaska
State Legislature and the
U.S. Congress are urged to
investigate the effects of
the drug and alcohol
advertising on our youth and
enact legislation to
eliminate or control
advertising which is found
to be detrimental."
PUBLIC HEARING
RESOLUTION
NO. 87-54-R
(continued)
October 1, 1987 Page 3
Kodiak Island Borough
Regular Assembly Meeting
VOTE ON MOTION TO AMEND
Ayes:
Noes:
MOTION CARRIED
Blankenburg, Gregg, Stevens,
Austerman, Barker, White
None
Unanimous
Assemblyman Austerman stated he would like to add a statement
urging the legislative or the judicial system to impose the
stiffest sentencing in drug offenses.
Assemblyman Stevens suggested adding a sentence to Item #1 about
increasing penalties.
GREGG,
seconded by STEVENS
VOTE ON MOTION TO AMEND
MOTION CARRIED
VOTE ON MOTION TO ADOPT AS AMENDED
Ayes:
Noes:
MOTION CARRIED
move to amend Item #1 to
read "Increase penalties and
minimum sentences".
Unanimous voice vote
Gregg, Stevens, Barker,
Blankenburg, White
Austerman
5 Ayes, 1 No
The presiding officer called for a ten minute recess
The presiding officer reconvened the assembly.
C. Ordinance No. 87-28-0 Amending The Kodiak Island Borough
Code By Adding Chapter 3.26, Sales Tax, Providing For The
Levying And Collection Of A Sales Tax And Penalties For
Failure To Collect.
AUSTERMAN,
seconded by Blankenburg
moved to adopt Ordinance
No. 87-28-0.
The presiding officer called for public testimony.
J. T. Grogan opposed the borough getting into sales taxes and
felt it should be left to the City of Kodiak.
Jerry Holt agreed with comment made by J. T. Grogan and stated he
was opposed to any tax increase especially this type of tax. He
continued with giving his reasons for not increasing taxes.
The presiding officer closed the public hearing and reconvened
the assembly.
Assemblyman Blankenburg urged the public to express their
opinions regarding this ordinance at the voting polls in the
upcoming election.
AUSTERMAN,
seconded by BARKER
VOTE ON MOTION TO TABLE
Ayes:
Noes:
moved to table Ordinance
No. 87-28-0 until
October 15, 1987 meeting.
Stevens, Austerman, Barker,
Blankenburg, Gregg, White
None
PUBLIC HEARING
RESOLUTION
NO. 87-54-R
(continued)
ORDINANCE
NO. 87-28-0
MOTION CARRIED
October 1, 1987
Unanimous
Page 4
Kodiak Island Borough
Regular Assembly Meeting
D. Ordinance No. 87-29-0 Adding Kodiak Island Borough Code
Section 2.39, Boards And Commissions.
STEVENS, moved to adopt Ordinance
seconded by BARKER No. 87-29-0.
The presiding officer called for public testimony, there being
none the assembly was reconvened.
GREGG,
seconded by STEVENS
VOTE ON MOTION TO AMEND
MOTION CARRIED
VOTE ON MOTION TO ADOPT AS AMENDED
Ayes:
Noes:
MOTION CARRIED
MESSAGES FROM THE BOROUGH MAYOR
moved to amend 2.39.060 by
adding "unless excused."
Unanimous Voice Vote
Austerman, Barker,
Blankenburg, Gregg, Stevens,
White
None
Unanimous
Mayor Selby reported that the borough had received a settlement
offer from W. R. Grace and Company in the suit against them for
the removal of asbestos from the high school. He said the offer
was $1.5 million and both Daniel Speights, the primary attorney
in South Carolina and Joel Bolger, our local attorney, have
recommended acceptance of the offer.
AUSTERMAN,
seconded by BARKER
move to accept the asbestos
settlement offer from W. R.
Grace and Company in the
amount of not less than $1.5
million and authorize Mayor
to sign appropriate release
forms on behalf of the
Kodiak Island Borough.
Mayor Selby responded to several questions from the assembly.
VOTE ON MOTION
Ayes: Barker, Blankenburg, Gregg,
Stevens, Austerman, White
Noes: None
MOTION CARRIED Unanimous
Mayor Selby said the school district has decided not to have
their maintenance staff install the kitchen equipment in the
Larsen Bay and Port Lions Schools and preferred the work be added
to the school contracts so the contractor could add the equipment
during construction of the buildings.
AUSTERMAN,
seconded by BARKER
VOTE ON MOTION TO APPROVE
Ayes:
Noes:
MOTION CARRIED
Ortnher 1_ 198
moved to approve the change
order for Larsen Bay for
$13,320 and Port Lions
$15,000 for kitchen
equipment.
Blankenburg, Gregg, Stevens,
Austerman, Barker, White
None
Unanimous
NEW BUSINESS
ORDINANCE
NO. 67-29-0
MESSAGES FROM
THE MAYOR
ACCEPTANCE OF
ASBESTOS SETTLEMENT
FROM W.R. GRACE AND
COMPANY
CHANGE ORDER
APPROVAL FOR
KITCHEN EQUIPMENT
FOR PORT LIONS AND
LARSEN BAY SCHOOLS
Pace 5
M.
Kodiak Island Borough
Regular Assembly Meeting
Mayor Selby explained that the boiler plant in the Larsen Bay
School addition was designed to heat the entire plant including
both the existing and new buildings. The modifications proposed
by this change would replace the existing hot air furnaces with
heat transfer coils that would allow the existing facility to be
heated by the boiler plant, he said. Also, he added that the new
boiler room would mak*e both operation and maintenance simpler.
AUSTERMAN,
seconded by BARKER
VOTE ON MOTION TO APPROVE
Ayes:
Noes:
MOTION CARRIED
OLD BUSINESS
None
NEW BUSINESS
A. BID AWARDS
None
B. RESOLUTIONS
moved to approve change
order for Larsen Bay School
for $24,500 for a new
boiler.
Gregg, Stevens, Austerman,
Barker, Blankenburg, White
None
Unanimous
1. Resolution No. 87-53-R Establishing a Joint
City/Borough Fiscal Year Of 1989 Capital Project
Priority List.
AUSTERMAN,
seconded by GREGG
moved to adopt Resolution
No. 87-53-R.
Assemblyman Austerman read the joint City/Borough priority list.
VOTE ON MOTION
Ayes: Stevens, Austerman, Barker,
Blankenburg, Gregg, White
Noes: None
MOTION CARRIED Unanimous
2. Resolution No. 87-55-R Urging The Legislature To
Pass A Supplemental Appropriation For Full Funding
Of The Raw Fish Tax Program.
GREGG,
seconded by STEVENS
GREGG,
seconded by STEVENS
VOTE ON MOTION TO AMEND
MOTION CARRIED
moved to approve Resolution
No. 87-55-5.
moved to amend to replace
"fisherman" with
"processors" in the
appropriate places.
Unanimous voice vote
Assemblyman Gregg asked the Clerk to clarify by adding the word
"legislature" after the word "state" in the sixth WHEREAS and
also, requested the mayor to send the resolution with a cover
letter to every legislator in the house and senate.
MESSAGES FROM
MAYOR
(continued)
CHANGE ORDER
APPROVAL FOR BOILER
AT LARSEN BAY SCHOOL
OLD BUSINESS
NEW BUSINESS
BID AWARDS
RESOLUTIONS
RESOLUTION
NO. 87-53-R
RESOLUTION
NO. 87-55-R
October 1, 1987
Page 6
Kodiak Island Borough
Regular Assembly Meeting
VOTE ON MOTION TO AS AMENDED
MOTION CARRIED
Unanimous voice vote
3. Resolution No. 87-56-R Confirming The 1987 Borough
Population For State Revenue And Municipal
Assistance Fund Payments.
-- This item was previously approved under the "Consent Agenda."
4. Resolution No. 87-57-R Supporting The State Of
Alaska Department Of Fish And Game In Reacquiring
The Management Authority Of Three Species Of The
Marine Mammals From The Federal Government.
This item was previously approved under the "Consent Agenda."
C. ORDINANCES FOR INTRODUCTION
RESOLUTION
NO. 87-55-R
(continued)
RESOLUTION
NO. 87-56-R
RESOLUTION
NO. 87-57-R
ORDINANCES FOR
INTRODUCTION
1. Ordinance No. 87-31-0 Amending Chapter 17.02,
Comprehensive Plan, Of The Borough Code, Repealing ORDINANCE
The Near Island Comprehensive Development Plan NO. 87-31-0
Dated February 1, 1980 And Incorporating the Near
Island Comprehensive Plan Dated August 27, 1967.
This item was previously approved in first reading under the
"Consent Agenda."
D. OTHER ITEMS
1. Approval Of Election Workers For October 6, 1987
Regular and Special Election.
This item was previously approved under the "Consent Agenda."
2. Agreement for Dedication and Acceptance of, and
Reservation of Excess Capacity in, Subdivision
Sewer Improvements in Woodland Acres Fifth
Addition.
AUSTERMAN,
seconded by STEVENS
moved to approve the
agreement for Dedication and
Acceptance of, and
Reservation of Excess
Capacity in, Subdivision
Sewer Improvements in
Woodland Acres Fifth
Addition.
Mayor Selby said the parties involved in the agreement have
requested the item be tabled until the November 5, 1987 meeting
so they might have the opportunity to attend a work session to
discuss it.
BARKER,
seconded by BLANKENBURG
VOTE ON MOTION TO TABLE
Ayes:
Noes:
MOTION CARRIED
moved to table item until
the November 5, 1987
assembly meeting.
Blankenburg, Gregg, Stevens,
Barker
Austerman, White
4 Ayes, 2 Noes
3. Approval Of Employment Agreement For Borough Clerk
BARKER, moved to postpone this
seconded by GREGG action until the Executive
Session after "Assemblymen
Comments."
OTHER ITEMS
APPROVAL OF
ELECTION WORKERS
AGREEMENT REGARDING
SEWER IMPROVEMENTS
APPROVAL OF BOROUGH
CLERK'S EMPLOYMENT
AGREEMENT
October 1, 1987
Page 7 `(
Kodiak Island Borough
Regular Assembly Meeting
VOTE ON MOTION Unanimous voice vote NEW BUSINESS
(continued)
INFORMATIONAL MATERIALS (No action required)
INFORMATIONAL
A. MINUTES OF OTHER MEETINGS MATERIALS
1. K.I.B. School Board Special Meeting of
September 8, 1987. MINUTES OF OTHER
2. K.I.B. Planning And Zoning Commission Regular MEETINGS
Meeting of September 16, 1987.
B. REPORTS REPORTS
1. Staff Reports - Community Development, Resource
Management
CITIZENS' COMMENTS CITIZENS' COMMENTS
Wilton White, Hospital Board Chairman, requested to meet with the
assembly in Executive Session on matters of hospital personnel.
ASSEMBLYMEN'S C *UYfl'NTS ASSEMBLYMEN'S
COMMENTS
Assemblyman Blankenburg said this would be his last meeting as a
member of the assembly and he wished the assembly well in their
continued fight for "justice."
Assemblyman Austerman asked to have a clarification on what the
law had to say about possession of four ounces of marijuana.
Secondly, he asked whether the one position in the Engineering
Department had been eliminated and he inquired if any new staff
had been added to the borough.
Mayor Selby responded that several temporary employees were still
employed and one permanent position had been added to the Finance
Department.
Assemblyman Gregg wished Assemblyman Blankenburg the best and
said it had been a pleasure serving with him.
Assemblyman Steven encouraged each and every citizen to get out
and vote in the upcoming election.
Assemblymember Barker also wished Assemblyman Blankenburg the
best and said that she envied the free time he would have.
Assemblyman White on behalf of the borough assembly presented
Assemblyman Blankenburg with a plaque in appreciation for his
community involvement and outstanding service to the Kodiak
Island Borough.
Assemblyman Blankenburg thanked the assembly for their good
wishes. He said he liked to think that there was some continuity
of thought in the community and hoped whomever was choosen to
fill his vacancy would give each item the same consideration as
he had.
Assemblyman White asked if the assembly stipend was "per meeting"
or "monthly". He also announced that the Kodiak Regional
Aquaculture Association had raised $27,000 under their voluntary
one percent tax so they should have the requested matching funds.
AUSTERMAN, moved to move into the
seconded by BARKER Executive Session to discuss EXECUTIVE SESSION
personnal matters.
WITHOUT OBJECTION, SO ORDERED
The assembly went into Executive Session at 9:37 p.m.
October 1, 1987 Page 8
Kodiak Island Borough
Regular Assembly Meeting
The Assembly returned to Executive Session.
The presiding officer reconvened the assembly at 11:57 p.m
GREGG,
seconded by STEVENS
moved to extend the meeting
to midnight.
MOTION CARRIED Unanimous voice vote
The presiding officer reconvened the assembly.
Assemblymember Barker reported that they had discussed hospital
personnel, however, no action was to be taken.
Assemblyman Gregg stated the assembly had reviewed the perfor-
mance of the Clerk over the past year and found her performance
to be above average.
GREGG,
seconded by STEVENS
VOTE ON MOTION
Ayes:
Noes:
MOTION CARRIED
ADJOURDEENT
moved to approve the one
year agreement with the
Clerk for $46,125.
Austerman, Barker,
Blankenburg, Gregg, Stevens,
White.
None
Unanimous
There being no further business to come before the assembly,
the meeting adjourned at 11:59 p.m.
Pr ing Officer
ATTEST:
oroug erk
ASSEMBLYMEN'S
COMMENTS
(continued)
APPROVAL OF
BOROUGH CLERK'S
CONTRACT
ADJOURNMENT
October 1, 1987 Page 9