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10/01/1987 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