10/01/1987KODIAK 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: ROLL CALL
Lorne White, Presiding
Ann Barker
Ken Gregg
Absent:
Jack McFarland (Excused)
comprising a quorum of the assembly; and
Alan Austerman
Eric Blankenburg
Wayne Stevens
Jerome Selby, Borough Mayor
Bob Pederson, Acting Community Development Director
Gaye Vaughan, Borough Clerk
APPROVAL at AGENDA APPROVAL OF AGENDA
As there were no objections, the agenda was approved as
submitted.
CONSENT AGENDA APPROVAL OF
CONSENT AGENDA
The items on the consent agenda were read aloud by the Borough
Clerk.
GREGG,
seconded by STEVENS
moved to approve consent
agenda and remove Resolution
No. 87 -55 -R and place under
"New Business."
Mayor Selby presented the Employee of the Month award to Karen
Gilson of the Assessing Department.
WITHOUT OBJECTION, SO ORDERED
APPROVAL OF MINUTES
A. K.I.B. Assembly Regular Meeting of September 17, 1987.
This item was previously approved under the "Consent Agenda."
CITIZEN'S COMMENTS CITIZEN'S COMMENTS
Scott Thompson noted that he was present to represent the
Planning and Zoning Commission.
KIBS103563
REGULAR MEETING
APPROVAL OF MINUTES
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 monks in favor of recriminilizatinn of marii,unw
COMFIT= REPORTS COMMITTEE REPORTS
KIBS 103564
Kodiak Island Borough
Regular Assembly Meeting
COMITrEB REPOS= (continued) COMMITTEE REPORTS
A. Appointment To Kodiak Economic Development Commission.
AUSTERMAN,
seconded by GREGG
VOTE ON MOTION
MOTION CARRIED
GREGG,
seconded by STEVENS
VOTE ON MOTION
MOTION CARRIED
PUBLIC HEARING
VOTE ON MOTION
Ayes:
Noes: None
MOTION CARRIED Unanimous
moved to remove Leon David
from the Kodiak Economic
Development Commission
due to his poor attendance
record and appoint James
Carmichael to the vacancy.
Unanimous Voice Vote
moved to appoint Kyle Taylor
to the Kodiak Economic
Development Commission
seat vacated by Kari
Kornfiend.
Unanimous Voice Vote
A. Resolution No. 87 -52 -R Adopting A Capital Improvement
Program For Fiscal Year 1989 Through 1993 And Establishing
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.
Austerman, Barker,
Blankenburg, Gregg, Stevens,
White
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, 1.987 Page 2
APPOINTMENTS TO
ECONOMIC DEVELOP-
MENT COMMISSION
PUBLIC HEARING
RESOLUTION
NO. 87 -52 -R
B. Resolution No. 87 -54 -R Urging The Legislature To Increase RESOLUTION
Drug And Alcohol Abuse Enforcement, Prevention And NO. 87 -54 -R
Treatment.
Kodiak Island Borough
Regular Assembly Meeting
tion and felt that the assembly was sneaking in the back door by PUBLIC HEARING
supporting recriminalization of marijuana. He continued by
urging the deletion of Item #5 and gave his reasons for that RESOLUTION
objection. NO. 87 -54 -R
(continued)
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,
seconded by STEVENS
moved to amend by striking
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: Blankenburg, Austerman,
white
Noes: Barker, Gregg, Stevens
MOTION FAILED 3 Ayes, 3 No
GREGG, roved to amend by adding a
seconded by BARKER resolve clause "be it
further resolved the Alaska
State Legislature and the
O.S. Congress are urged to
investigate the effects of
the drug and alcohol
advertising on our youth and
KIBS103565 enact legislation to
eliminate or control
advertising which is found
to be detrimental."
October 1, 1987 Page 3
Kodiak Island Borough
Regular Assembly Meeting
VOTE ON MOTION TO AMEND PUBLIC HEARING
Ayes: Blankenburg, Gregg, Stevens,
Austerman, Barker, White RESOLUTION
NO. 87 -54 -R
Noes: None (continued)
MOTION CARRIED 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
The presiding officer called for public testimony.
AUSTERMAN,
seconded by BARKER
VOTE ON MOTION TO TABLE
Noes: None
MOTION CARRIED
October 1, 19B7
move to amend Item #1 to
read 'Increase penalties and
minimum sentences ".
VOTE ON MOTION TO AMEND
MOTION CARRIED Unanimous voice vote
VOTE ON MOTION TO ADOPT AS AMENDED
Ayes: Gregg, Stevens, Barker,
Blankenburg, White
Noes: Austerman
MOTION CARRIED 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, moved to adopt Ordinance
seconded by Blankenburg No. 87 -28 -0.
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.
moved to table Ordinance
No. 87 -28 -0 until
October 15, 1987 meeting.
Ayes: Stevens, Austerman, Barker,
Blankenburg, Gregg, White
Unanimous
ORDINANCE
NO. 87 -28 -0
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Page 4
Kodiak Island Borough
Regular Assembly Meeting
D. Ordinance No. 87 -29 -0 Adding Kodiak Island Borough Code NEW BUSINESS
Section 2.39, Boards And Commissions.
STEVENS,
seconded by BARKER No. 87 -29 -0.
The presiding officer called for public testimony, there being
none the assembly was reconvened.
GREGG, moved to amend 2.39.060 by
seconded by STEVENS adding "unless excused."
VOTE ON MOTION TO AMEND
MOTION CARRIED Unanimous Voice Vote
VOTE ON MOTION TO ADOPT AS AMENDED
Ayes: Austerman, Barker,
Blankenburg, Gregg, Stevens,
White
Noes:
MOTION CARRIED
MBSSAGBS FROM THE BOROOCH MAYOR
AUSTERMAN,
seconded by BARKER
AUSTERMAN,
seconded by BARKER
KIBS103567
VOTE ON MOTION TO APPROVE
ORDINANCE
moved to adopt Ordinance NO. 87 -29-0
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.
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
Ayes: Blankenburg, Gregg, Stevens,
Austerman, Barker, White
Noes: None
MOTION CARRIED Unanimous
move to accept the asbestos ACCEPTANCE OF
settlement offer from W. R. ASBESTOS SETTLEMENT
Grace and Company in the FROM W.R. GRACE AND
amount of not less than $1.5 COMPANY
million and authorize Mayor
to sign appropriate release
forms on behalf of the
Kodiak Island Borough.
moved to approve the change
order for Larsen Bay for
$13,320 and Port Lions
$15,000 for kitchen
equipment.
MESSAGES FROM
THE MAYOR
CHANGE ORDER
APPROVAL FOR
KITCHEN EQUIPMENT
FOR PORT LIONS AND
LARSEN BAY SCHOOLS
Kodiak Island Borough
Regular Assembly Meeting
Mayor Selby explained that the boiler plant in the Larsen Bay MESSAGES FROM
School addition was designed to heat the entire plant including MAYOR
both the existing and new buildings. The modifications proposed (continued)
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 make both operation and maintenance simpler.
AUSTERMAN,
seconded by BARKER
VOTE ON MOTION TO APPROVE
Ayes: Gregg, Stevens, Austerman,
Barker, Blankenburg, White
Noes: None
MOTION CARRIED Unanimous
OLD BUSINESS OLD BUSINESS
None
NEW BUSINESS NEW BUSINESS
A. BID AWARDS BID AWARDS
None
B. RESOLUTIONS RESOLUTIONS
AUSTERMAN, moved to adopt Resolution
seconded by GREGG No. 87 -53 -R.
Assemblyman Austerman read the joint City /Borough priority list.
VOTE ON MOTION
Ayes:
Noes:
GREGG,
seconded by STEVENS
cREGG:
seconded by STEVENS
1. Resolution No. 87 -53 -R Establishing a Joint RESOLUTION
City /Borough Fiscal Year Of 1989 Capital Project NO. 87 -53 -R
Priority List.
VOTE ON MOTION TO AMEND
moved to approve change
order for Larsen Bay School
for 524,500 for a new
boiler.
Stevens, Austerman, Barker,
Blankenburg, Gregg, White
None
MOTION CARRIED Unanimous
moved to approve Resolution
No. 87 -55 -5.
mn', A hn amanA tr. nanla
"fisherman" with
"processors" in the
appropriate places.
MOTION CARRIED 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.
October 1, 1987 Page 6
CHANGE ORDER
APPROVAL FOR BOILER
AT LARSEN BAY SCHOOI
2. Resolution No. 87 -55 -R Urging The Legislature To RESOLUTION
Pass A Supplemental Appropriation For Full Funding NO. 87 -55 -R
Of The Raw Fish Tax Program.
KIBS103568
K1BS103569
Kodiak Island Borough
Regular Assembly Meeting
VOTE ON MOTION TO AS AMENDED RESOLUTION
NO. 87 -55 -R
MOTION CARRIED Unanimous voice vote (continued)
3. Resolution No. 87 -56 -R Confirming The 1987 Borough RESOLUTION
Population For State Revenue And Municipal NO. 87 -56 -R
Assistance Fund Payments.
This item was previously approved under the "Consent Agenda."
4. Resolution No. 87 -57 -R Supporting The State Of RESOLUTION
Alaska Department Of Fish And Game In Reacquiring NO. 87 -57 -R
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 - 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, 1987.
This item was previously approved in first reading under the
"Consent Agenda."
D. OTHER ITEMS OTHER ITEMS
1. Approval Of Election Workers For October 6, 1987 APPROVAL OF
Regular and Special Election ELECTION WORKERS
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
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
3. Approval Of Employment Agreement For Borough Clerk. APPROVAL OF BOROUGH
CLERK'S EMPLOYMENT
BARKER, moved to postpone this AGREEMENT
seconded by GREGG action until the Executive
Session after "Assemblymen
Comments."
fctnhor > lop'
moved to approve the
agreement for Dedication and
Acceptance of, and
Reservation of Excess
Capacity in, Subdivision
Sewer Improvements in
Woodland Acres Fifth
Addition.
moved o fable item until
the November 5, 1987
assembly meeting.
Blankenburq, Gregg, Stevens,
Barker
Austerman, White
4 Ayes, 2 Noes
AGREEMENT REGARDING
SEWER IMPROVEMENTS
Kodiak Island Borough
Regular Assembly Meeting
VOTE ON MOTION Unanimous voice vote
NEW BUSINESS
IROBIp ?ICOL 1YINSra (continued)
(No action required)
A. MINUTES OF OTHER MEETINGS INFORMATIONAL
MATERIALS
CITIZENS • COMENYS
1. K.I.H. School Board Special Meeting of
September 8, 1987.
2. K.I.B. Planning And Zoning Commission Regular
Meeting of September 16, 1987.
B. REPORTS
1. Staff Reports - Community Development, Resource
Management
Wilton White, Hospital Board Chairman, requested to meet with the
assembly in Executive Session on matters of hospital personnel.
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
.,..a percent tea so they should have the requested matching funds.
AUSTERMAN, moved to move into the
seconded by BARKER Executive Session to discuss
personnel matters.
WITHOUT OBJECTION, SO ORDERED
The assembly went into Executive Session at 9:37 p.m.
October 1, 1987
KIBS103570
MINUTES OF OTHER
MEETINGS
REPORTS
CITIZENS' COMMENTS
ASSEMBLYMEN'S
COMMENTS
EXECUTIVE SESSION
Page B
Kodiak Island Borough
Regular Assembly Meeting
The Assembly returned to Executive Session.
The presiding officer reconvened the assembly at 11:57 p.m.
GREGG, moved to extend the meeting
seconded by STEVENS 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
ADJOURNMENT ADJOURNMENT
There being no further business to come before the assembly,
the meeting adjourned at 11:59 p.m.
ATTEST:
GtAc 0444
oroug aerk 3
Austerman, Barker,
Blankenburg, Gregg, Stevens,
White.
None
Unanimous
Pr ing Officer
KIBS103571
ASSEMBLYMEN'S
COMMENTS
(continued)
moved to approve the one APPROVAL OF
year agreement with the BOROUGH CLERK'S
Clerk for 546,125. CONTRACT
October 1, 1987 Page 9