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09/03/1987KODIAK ISLAND BOROUGH Regular Assembly Meeting September 3, 1987 A regular meeting of the Kodiak Island Borough Assembly was held 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 Eric Blankenburg Wayne Stevens Absent: Alan Austerman 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 OP AGENDA APPROVAL OF AGENDA STEVENS, moved to approve the seconded by AUSTERMAN agenda. WITHOUT OBJECTION, SO ORDERED CONSENT AGENDA APPROVAL OF CONSENT AGENDA BLANXENBURO, moved to approve consent seconded by STIMINS 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 NINO= A. A.I.B. Assembly Regular Meeting of August 6, 1987. This item was previously approved under the "Consent Agenda." CITIZEN'S mom= 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 Pennell supported comments made by Mrs. Knowles. REGULAR MEETING APPROVAL OF MINUTES CITIZEN'S COMMENTS KIBS103554 KIBS103555 Kodiak island Borough Regular Assembly Meeting CITIZEN'S CONS (continued) CITIZEN'S COMMENTS (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 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. Jerry Holt, loem2.taxpayer and voter, commented that he was mys- tified why the useably had failed to make a decision at the last assembly msetinjregarding 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- . manta 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. COMITIES E8FON= None COMMITTEE REPORTS Kodiak Island Borough Regular Assembly Meeting PUBLIC REARMG P UBLIC HEARING 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, moved to adopt Ordinance seconded by AUSTERMAN 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: Blankenburg, Stevens, Austerman, White Noes: None MOTION CARRIED: Unanimous 2. Ordinance No. 87 -27 -0 Adding Kodiak Island Borough Code ORDINANCE Section 13.02.110 Pertaining To Well Abandonment. NO. 87 -27 -0 BLANKENBURG, moved to adopt Ordinance seconded by STEVENS No. 87 -27 -0. The presiding officer called for public testimony; there being none the assembly was reconvened. VOTE ON MOTION TO ADOPT Ayes: Stevens, Austernan, Blankenburg, White Noes: None MOTION CARRIED: Unanimous IBSSAGES FRL!(TRE BOROUGH MAYOR 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 ORDINANCE NO. 87 -26 -0 MESSAGES FROM MAYOR OLD BUSINESS 1. Ordinance No. 87 -24-0 Amending Chapter 3.16, Change Orders, ORDINANCE Mayor Authority. NO. 87 -24 -0 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. KIBS103556 September 3, 1987 Page 3 Kodiak Island Borough Regular Assembly Meeting OLD BUSINESS (continued) VOTE ON MOTION TO TABLE Ayes: Noes: MOTION CARRIED: NEN BUSINESS A. BID AWARDS BLANKENBURG, seconded by STEVENS VOTE ON MOTION TO AWARD Noes: MOTION CARRIED: STEVENS, seconded by Austerman VOTE ON MOTION Ayes: Noes: MOTION CARRIED: AUSTERMAN, seconded by STEVENS KIBS103557 Austerman, Blankenburg, Stevens, White None Unanimous 1. Award Of Items "D" And "G" Of Landfill Close Out Contract. moved to award items "D" And "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 5225,000 from the State of Alaska for the close out of the surface of the old landfill. Ayes: Blankenburg, Stevens, 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. VOTE ON MOTION Ayes: Austerman, Blankenburg, Stevens, White Noes: None MOTION CARRIED: Unanimous OLD BUSINESS RESOLUTION NO. 87 -24 -0 (continued) NEW BUSINESS BID AWARDS September 3, 1987 Page 4 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 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, 1 No cc..te.Fo, t 1eg7 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 1. Ordinance 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. 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 Buskin River Inn. STEVENS, seconded by Austerman moved to approve Restaurant 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. KIBS103558 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 87 -28 -0 RESTAURANT DESIGNATION PERMIT BUSKIN RIVER INN Kodiak Island Borough Regular Assembly Meeting D. OTHER ITEMS (continued) VOTE ON MOTION TO APPROVE Ayes: Stevens, Austerman, Blankenburg, Noes: White MOTION FAILED 3 Ayes, 1 No INFORMATIONAL MATERIALS (No action required) INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS B. REPORTS None C. OTHER CITIZENS' CIROONITS 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. AJS8MBLYMgl•gyg 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. There being no further business to come before the assembly, the meeting,adjourned at 9:18 p.m. ATTEST: 1. K.I.H. School Board Meeting Minutes of July 27, 1987. MINUTES OF OTHER 2. K.I.H. Camping Work Group Meeting Minutes of MEETINGS August 4, August 11, and August 18 1987. 1. Status Report - Community Development, Facilities 4:= ere- • ing Officer OTHER ITEMS RESTAURANT DESIGNATION PERMIT BUSKIN RIVER INN (continued) REPORTS OTHER KIBS103559 ADJOURNMENT