09/03/1987 Regular MeetingKODIAK ISLAND BOROUGH
Regular Assembly Meeting
September 3, 1987
A regular meeting of the Kodiak Island Borough Assembly was held REGULAR MEETING
September 3, 1987, in the Assembly Chambers of the Kodiak Island
Borough Building, 710 Mill Bay Road. The meeting was called to
order at 7:30 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: ROLL CALL
Lorne White, Presiding Alan Austerman
Eric Blankenburg
Wayne Stevens
Absent:
Ann Barker (Excused) Ken Gregg (Excused)
Jack McFarland (Excused)
comprising a quorum of the assembly; and
Jerome Selby, Borough Mayor
Bob Pederson, Acting Community Development Director
Gaye Vaughan, Borough Clerk
APPROVAL OF AGENDA APPROVAL OF AGENDA
STEVENS, moved to approve the
seconded by AUSTERMAN agenda.
WITHOUT OBJECTION, SO ORDERED
CONSENT AGENDA APPROVAL OF CONSENT
AGENDA
BLANKENBURG, moved to approve consent
seconded by STEVENS agenda.
The items on the consent agenda were read aloud by the Borough
Clerk.
VOTE ON MOTION
Ayes: Austerman, Blankenburg,
Stevens, White
Noes: None
MOTION CARRIED Unanimous
APPROVAL OF MUTES APPROVAL OF MINUTES
A. K.I.B. Assembly Regular Meeting of August 6, 1987.
This item was previously approved under the "Consent Agenda."
CITIZEN'S COMMENTS CITIZEN'S COMMENTS
Mayor Selby presented the Employee of the Month Award to Karleton
Short of the Finance Department.
John Witteveen, Superintendent of Schools, urged the assembly to
support Resolution No. 87-49-R.
Alice Knowles, School Board Member, a member of the Drug and
Alcohol Task Force and a concerned parent, disputed studies of
twenty years ago purporting marijuana as harmless and urged
passage of Resolution No. 87-49-R.
Steve Rennell supported comments made by Mrs. Knowles.
Kodiak Island Borough
Regular Assembly Meeting
CITIZEN'S CONKEM (continued)
Bill Herman, chairman of the Substance Abuse Task Force and
director of the Kodiak Council on Alcoholism, urged passage of
Resolution 87-49-0 as this was a recommendation of the Substance
Abuse Task Force. The members of the Task Force felt legaliza-
tion of the use of marijuana in the home by adults was
detrimental to the youth. He noted that the constitutionality of
the issue was a legislative problem. He pointed out that recent
research in the drug and alcohol field has found marijuana causes
harmful effects on the body and said the 1973 study on Licit and
Illicit Drugs is archaic.
Nancy Jones urged assembly support of Resolution No. 87-49-R.
Carl Jones, a ten year resident of Kodiak, felt the passage of
Resolution No. 87-49-R was very important at this time because
high school and junior high students are very aware of the laws
of the land and in passing this resolution it would show them
that the community is concerned about drug abuse.
J. T. Grogan explained the circumstances that prompted the Alaska
State Legislature to legalize use of marijuana in the home and
proceeded to give his reasons for voicing objection to Resolution
No. 87-46-R.
Elaine Rennell supported Resolution 87-46-R and felt it sends a
message from the community about an uncontrolled substance that
has not passed FDA requirements for public use.
Troy Warren spoke in opposition to Resolution 87-46-R and said
there are legal drugs that are more life threatening than
r marijuana.
Jim Cobis urged the assembly to defeat Resolution 87-46-R and
said he thought this resolution indicated the community has a
social problem that can not be handled locally and we want the
legislature to solve it for us.
Jew Holt, local taxpayer and voter, commented that he was mys-
tified why the assembly had failed to make a decision at the last
assembly meeting regarding the marijuana question. He said that
the voters did not elect the assembly to duck decisions on con-
troversial issues and urged them to vote one way or the other on
the issue. Personally, he thought marijuana should be
recriminalized and the laws for persons using it made stronger.
Rose Cobis urged the assembly to vote against Resolution 87-49-R
and maintain the right to privacy in one's own home.
Okey Chandler felt recriminalization of marijuana would only
serve to raise the price of it. He felt other drugs available to
and used by kids were far more harmful. He felt penalties for
drug dealers should be stronger.
Greg Furin said that he had attended a number of meetings regard-
ing drug and alcohol abuse and noted that there were a great
number of substances such as nicotine, alcohol, etc. that cause
problems in children and adults. He added that there are move-
ments to decrease the use of harmful substances and asked the
assembly to pass Resolution 87-49-R urging recriminalize for the
use of marijuana.
Jan Murphy urged the assembly to defeat Resolution No. 87-49-R on
the grounds it was an invasion of privacy and would put another
ineffective law on the books.
Ralph Vetter told the assembly that he had received a late charge
on his garbage bill and he was not going to pay it because there
was no dumpster available for use during the billing period.
CITIZEN'S COMMENTS
(continued)
COMMITTEE REPORTS
None
September 3, 1987
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Kodiak Island Borough
Regular Assembly Meeting
PUBLIC REARING
1. Ordinance No. 87-26-0 Rezoning An Unsubdivided Portion Of
U.S. Survey 1396 From C-Conservation To B-Business (South
End Of Lilly Lake).
BLANKENBURG,
seconded by AUSTERMAN
moved to adopt Ordinance
No. 87-26-0.
The presiding officer called for public testimony.
Robin Heinrichs, Planning and Zoning Commission, answered
questions from assembly members.
The presiding officer closed the public hearing and reconvened
the assembly.
VOTE ON MOTION TO ADOPT
Ayes:
Noes:
Blankenburg, Stevens,
Austerman, White
None
MOTION CARRIED: Unanimous
2. Ordinance No. 87-27-0 Adding Kodiak Island Borough Code
Section 13.02.110 Pertaining To Well Abandonment.
BLANKENBURG,
seconded by STEVENS
moved to adopt Ordinance
No. 87-27-0.
The presiding officer called for public testimony; there being
none the assembly was reconvened.
VOTE ON MOTION TO ADOPT
Ayes:
Noes:
MOTION CARRIED:
MESSAGES FROM THE BOROUGH MAYOR
Stevens, Austerman,
Blankenburg, White
None
Unanimous
Mayor Selby read a proclamation of the 200th anniversary of U.S.
Constitution and noted that the Daughters of the American
Revolution have an event planned for September 12, 1987 at which
time the proclamation will be presented. Also, he said the
borough had been working with the Kodiak Garden Club in preparing
an area in front of the Kodiak High School to be named the U.S.
Constitutional Garden.
The presiding officer called for a ten minute recess.
The presiding officer reconvened the assembly.
OLD BUSINESS
1. Ordinance No. 87-24-0 Amending Chapter 3.16, Change Orders,
Mayor Authority.
BLANKENBURG, moved to remove from the
seconded by AUSTERMAN table Ordinance No. 87-24-0.
WITHOUT OBJECTION, SO ORDERED
STEVENS,
seconded by BLANKENBURG
moved to table Ordinance
No. 87-24-0 until
November 5, 1987 meeting.
PUBLIC HEARING
ORDINANCE
NO. 87-26-0
ORDINANCE
NO. 87-27-0
MESSAGES FROM MAYOR
OLD BUSINESS
ORDINANCE
NO. 87-24-0
September 3, 1987
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Kodiak Island Borough
Regular Assembly Meeting
OLD BUSINESS (continued)
VOTE ON MOTION TO TABLE
Ayes:
Austerman, Blankenburg,
Stevens, White
Noes: None
MOTION CARRIED: Unanimous
NEW BUSINESS
A. BID AWARDS
1. Award Of items "D" And "G" Of Landfill Close Out
Contract.
BLANKENBURG, moved to award items "D" And
seconded by STEVENS "G" of Landfill Close Out to
Frontier Construction in an
amount NTE $160,000.
At the request of the presiding officer, Mayor Selby explained
that the borough had received an appropriation of $225,000 from
the State of Alaska for the close out of the surface of the old
landfill.
VOTE ON MOTION TO AWARD
Ayes: Blankenburg, Stevens,
^ Noes:
MOTION CARRIED:
STEVENS,
seconded by Austerman
VOTE ON MOTION
Ayes:
Noes:
MOTION CARRIED:
AUSTERMAN,
seconded by STEVENS
VOTE ON MOTION
Ayes:
Noes:
MOTION CARRIED:
Austerman, White
None
Unanimous
Authorize Section "G","H",
and "J" for Alaska Delta to
expand the operation
capacity of the landfill in
an amount NTE $42,000.
Stevens, Austerman,
Blankenburg, White
None
Unanimous
moved to authorize staff to
obtain informal quotes for
gates, drains, air
compressor, parts inventory
for baler, dumpster cart,
chute and pad for tipping
floor NTE $23,000.
Austerman, Blankenburg,
Stevens, White
None
Unanimous
OLD BUSINESS
RESOLUTION
NO. 87-24-0
(continued)
NEW BUSINESS
BID AWARDS
AWARD OF ITEMS "D"
& "G" - LANDFILL
CLOSE OUT CONTRACT
AUTHORIZE "G","H" &
"J" ALASKA DELTA TO
EXPAND OPERATION
AUTHORIZE STAFF
TO OBTAIN QUOTES
FOR GATES, DRAINS,
ETC. AT BALER
September 3, 1987 Page 4
Kodiak Island Borough
Regular Assembly Meeting
B. RESOLUTIONS NEW BUSINESS
1. Resolution No. 87-49-R Urging The Legislature To RESOLUTIONS
Make The Possession And Use Of Marijuana Illegal.
Austerman, moved to adopt Resolution RESOLUTION
seconded by BLANKENBURG No. 87-49-R. NO. 87-49-R
Assemblyman Stevens commented that he realized there was a
serious problem in this community and in the state of Alaska with
drugs and alcohol but felt the assembly was not in the business
of regulating morality. He suggested the assembly vote down this
resolution and redraft a stronger resolution that sends a message
to the legislature concerning the problem and urging them to
appropriate additional funding for enforcement and programs that
are already in place.
Assemblyman Austerman thanked the Drug and Alcohol Task Force for
working on this problem and for the guidelines they sent to the
assembly. He didn't think the use of marijuana was a morality
issue but rather one of a nationwide health and crisis issue.
VOTE ON MOTION TO ADOPT
Ayes: Blankenburg, Austerman,
White
Noes: Stevens
MOTION FAILED 3 Ayes, I No
2. Resolution No. 87-50-R Delineating Certain Detail
Of Past Budgeted Items To Satisfy The Intent And
Ratify Certain Accounting Acts With Clarity.
This item was previously approved under the "Consent Agenda."
C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR
1. Ordinance 87-28-0 Amending The Kodiak Island
Borough Code By Adding Chapter 3.26 Sales Tax ORDINANCE
Providing For The Levying And Collection Of A NO. 87-28-0
Sales Tax And Penalties For Failure To Collect.
This item was previously approved in first reading under the
"Consent Agenda."
2. Ordinance 87-29-0 Adding Kodiak Island Borough
2.39, Boards and Commissions.
This item was previously approved in first reading under the
"Consent Agenda."
D.
OTHER ITEMS
OTHER ITEMS
1. Approval Of
Restaurant Designation Permit For
RESTAURANT
Buskin River
Inn.
DESIGNATION PERMIT
BUSKIN RIVER INN
STEVENS,
moved to approve Restaurant
seconded
by Austerman
Designation Permit for
Buskin River Inn.
At the request of the presiding officer, Bill Bulen, a partner in
the Buskin River Inn, explained that without the Restaurant
Designation Permit minors were not allowed to eat in the dining
room or to work there. He went on to site prom night and times
when a large contingent of military personnel were in the Inn as
problem times. He requested the Buskin River Inn be granted the
same restaurant designation as the other two hotels in the
community.
September 3, 1987 Page 5
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Kodiak Island Borough
Regular Assembly Meeting
D. OTHER ITEMS (continued)
VOTE ON MOTION TO APPROVE
Ayes:
Noes:
MOTION FAILED
Stevens, Austerman,
Blankenburg,
White
3 Ayes, 1 No
MATERIALS (No action required)
A. MINUTES OF OTHER MEETINGS
OTHER ITEMS
RESTAURANT
DESIGNATION PERMIT
BUSKIN RIVER INN
(continued)
INFORMATIONAL
MATERIALS
1. K.I.B. School Board Meeting Minutes of July 27, 1987. MINUTES OF OTHER
2. K.I.B. Camping Work Group Meeting Minutes of MEETINGS
August 4, August 11, and August 18 1987.
B. REPORTS REPORTS
None
C. OTHER OTHER
1. Status Report - Community Development, Facilities
CITIZENS' COMMENTS CITIZENS' COMMENTS
Bill Bulen stated that there were three sections to the
Restaurant Designation Permit and by defeating the section
requesting persons 16 and older to dine unaccompanied, all three
items may have been defeated. He asked the assembly to
reconsider the sections regarding employing persons between 16
and 19 years of age and persons under 16 dining accompanied by a
person 21 years or older.
J. T. Grogan thanked Assemblyman Stevens for his stand in voting
against Resolution 87-49-R.
'S COMMENTS ASSEMBLYMEN'S
COMMENTS
Assemblyman Austerman commended Mr. Grogan for bringing forward
points that need to be reviewed further. He asked the Mayor to
have the Task Force come back with a stronger resolution.
Assemblyman Stevens said he did not feel Resolution 87-49-R
addressed the message the assembly wanted to send to the legisla-
ture. He also urged the writing of a stronger worded resolution
addressing the enforcement problem and rehabilitation.
Assemblyman White stated that one of the key items that came out
of the Task Force findings was the attitude problem in the commu-
nity regarding alcohol and drug abuse. He said it was his opinion
the assembly as community leaders should be sending signals where
they stand on these issues. He said he would continue to take a
strong stand on this issue.
ADJOURNMENT
There being no further business to come before the assembly, the
meeting adjourned at 9:18 p.m.
Pre ing Officer
ATTEST:
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September 3, 1987 Page 6