A. CALL TO ORDER

B. PLEDGE OF ALLEGIANCE

C. INVOCATION

D. ROLL CALL

F.  APPROVAL OF AGENDA AND CONSENT AGENDA

(All items listed with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.

*1. May 4, 2004 Regular Assembly Meeting Minutes

1.  Proclamation declaring the week of May 16-22, 2004 as Emergency Medical Services Week (Mayor)

I.  PRESENTATIONS WITH PRIOR NOTICE (Limit to 20 minutes total)

J.  PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate)

1.  Ik Icard, Icard Consulting Services, LLC, Kodiak-Kenai Fiber Optic Project (10 minutes requested)

K.  REPORTS OF COMMISSIONS AND COUNCILS

L.  MAYOR'S REPORT

1.  Agreement and Contracts

a.  Spruce Bark Beetle Mitigation Program:

• Approval of contract with Steve's Tree Service for Running Water ROW Project
• Approval of contract with Resources Development LLC for Cabin-Tustumena ROW Project

c.  Approval of sole source contract with McGowan Computer Associates for Software Conversion Services

2.  Other

a.  Memo from Barbara Olson, Kenai Peninsula Employees Association (KBEA) Scholarship Chairperson announcing the 2004 KBEA Scholarship Recipients

b.  Kenai Peninsula Small Business Development Center - Quarterly Report - January 1, 2004 through March 31, 2004

c.  Budget Revisions and Revenue Expenditure Reports - April 2004

M.  ITEMS NOT COMPLETED FROM PRIOR AGENDA - None

N.  PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker)

1.  ENACTED Ordinance 2003-19-46: Appropriating $175,000 in Supplemental Funding from the Borough Equipment Replacement Fund to Purchase a New Point of Sale System for the School District (Mayor) (Referred to Finance Committee) [Vote: 9 Yes, 0 No]

2.  ENACTED Ordinance 2003-19-47: Appropriating $585,000 from the South Peninsula Hospital Service Area Fund Balance to Provide Supplemental Funding to Cover Losses on Operations of the South Peninsula Hospital (Mayor at the request of the South Peninsula Hospital Service Area Board) (Referred to Finance Committee) [Vote: 9 Yes, 0 No]

3.  ENACTED AS AMENDED Ordinance 2003-19-48: Accepting and Appropriating $168,000 from the Alaska Department of Environmental Conservation to Purchase Decontamination Showers and Trailers and Associated Equipment (Mayor) (Referred to Finance Committee) [Vote: 9 Yes, 0 No]

4.  ENACTED Ordinance 2004-09: Adopting a Revised Comprehensive Plan for the City of Kenai (Mayor) (Referred to Policies and Procedures Committee) [Vote: 9 Yes, 0 No]

5.  POSTPONED UNTIL JUNE 1, 2004 Ordinance 2004-10: Establishing the Nikiski Law Enforcement Service Area (Superman) (First of Two Hearings) (Referred to Policies and Procedures Committee) [Vote: 9 Yes, 0 No]

6.  ENACTED AS AMENDED Ordinance 2004-11: Repealing KPB Chapter 14.32, Deleting References to KPB 14.32 in Other Areas of the Code, and Amending KPB Chapter 14.31 Relating to Road Improvement Assessment Districts (Mayor) (Referred to Policies and Procedures Committee) [Vote: 9 Yes, 0 No]

7.  AMENDED BY SUBSTITUTION AND POSTPONED UNTIL JUNE 15, 2004 Ordinance 2004-12: Amending Service Area Code Provisions Regarding Appointment of Administrators (Mayor) (Referred to Policies and Procedure Committee)

8.  POSTPONED UNTIL JUNE 1, 2004 Ordinance 2004-13: Amending KPB 5.18.430, Sales Tax Computation - Maximum Tax, by Increasing it from $500 to $1,000 (Mayor) (First of Two Hearings) (Referred to Policies and Procedures Committee)

9.  POSTPONED UNTIL JUNE 1, 2004 Ordinance 2004-19: Appropriating Funds for the Fiscal Year 2004-2005 (Mayor) (First of Two Hearings) (Referred to Finance Committee)

O.  UNFINISHED BUSINESS

P.  NEW BUSINESS

1.  Bid Awards

*a. Resolution 2004-048: Authorizing Award of a Contract for Kenai Central High School 2004 Gymnasium Flooring Replacement (Mayor) (Referred to Finance Committee) [Vote: 8 Yes, 1 Abstain]

*a. Resolution 2004-049: Authorizing the Lease of 440 Square Feet of Office Space in the Seaview Community Plaza Building, Seward, Alaska, for the Seward-Bear Creek Flood Service Area (Mayor) (Referred to Finance Committee)

*b. Resolution 2004-050: Supporting the Kodiak-Kenai Fiber Optic Cable Project Linking Anchorage, Kenai, Homer, and Kodiak (Mayor) (Referred to Policies and Procedures Committee)

c. POSTPONED UNTIL JULY 6, 2004 Resolution 2004-051: Supporting the Designation of the Sterling Highway as a State Scenic Byway Between Skilak Road and Anchor Point by the Alaska Department of Transportation and Public Facilities (Martin) (Referred to Lands Committee)

*a. Ordinance 2003-19-50: Accepting and Appropriating a Grant from the U. S. Department of Interior, Bureau of Land Management, in the Amount of $10,000 for Research and Mapping of Section Line Easements (Mayor) (Hearing on 06/15/04) (Referred to Finance Committee)

*b. Ordinance 2004-15: Authorizing Retention or Sale of Certain Real Property Obtained by the Kenai Peninsula Borough Through Tax Foreclosure Proceedings (Mayor) (Hearing on 06/15/04) (Referred to Finance Committee)

*c. Ordinance 2004-16: Revising Right-of-Way Permit Review and Appeal Procedures (Martin) (Shortened Hearing on 06/01/04) (Referred to Lands Committee)

*d. Ordinance 2004-17: Amending KPB Chapter 5.18 to Exempt from the Sales Tax Oil Spill Related Services Provided by Certain Types of Nonprofit Organizations (Mayor) (Hearing on 06/15/04) (Referred to Finance Committee)

*a. Petition to Vacate the 1320 foot portion of the 66-foot section line easement centered on the line common to the NW1/4 NW 1/4 Section 26 and NE1/4 NE1/4 Section 27, Township 4 South, Range 15 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-074 (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled April 26, 2004 meeting.]

R.  ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

June 1, 2004 10:00 AM Budget Work Session #3 Soldotna

T.  PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.)

Ordinance 2004-10: Establishing the Nikiski Law Enforcement Service Area (Superman) (Final Hearing 06/01/04) (Referred to Policies and Procedures Committee)

Ordinance 2004-13: Amending KPB 5.18.430, Sales Tax Computation - Maximum Tax, by Increasing it from $500 to $1,000 (Mayor) (Final Hearing on 06/01/04) (Referred to Policies and Procedures Committee)

Ordinance 2004-19: Appropriating Funds for the Fiscal Year 2004-2005 (Mayor) (Final Hearing on 06/01/04) (Referred to Finance Committee)

Ordinance 2004-05 (Mayor's Substitute): Amending the Kenai Peninsula Borough Code Chapter 5.12 by Revising Procedures for Appeals to the Board of Equalization (Mayor) (Hearing on 08/03/04) (Referred to Policies and Procedures Committee)

Resolution 2003-094: In Support of CS for HB 240 and SB 186, Acts Relating to Charitable Gaming Through Implementation of Electronic Gaming Machines (EGM) in the State of Alaska (Superman) (Referred to Legislative Committee) (Tabled on 02/17/04)

U.  INFORMATIONAL MATERIALS AND REPORTS

V.  NOTICE OF NEXT MEETING AND ADJOURNMENT

The next meeting of the Kenai Peninsula Borough Assembly will be held on June 1, 2004, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska.