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 18, 2004 Regular Assembly Meeting Minutes

*2. May 18, 2004 Board of Equalization Meeting Minutes

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)

K.  REPORTS OF COMMISSIONS AND COUNCILS

L.  MAYOR'S REPORT

1.  Agreement and Contracts

a.  Spruce Bark Beetle Mitigation Program:

• Approval of contract with Alaska Map Company for GIS and Data Base Training and Support for Spruce Bark Beetle Mitigation Program
• Approval of contract with Beaver Wood Chipping for Tustumena Lake ROW Project

b.  Approval of Waste Disposal Agreements between KPB and Holland America, Radisson, and Celebrity Cruise Lines for offloading solid waste to the Homer and Seward Baling Facilities

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

1.  ENACTED AS AMENDED Ordinance 2004-10: Establishing the Nikiski Law Enforcement Service Area (Superman) (Final Hearing) (Referred to Policies and Procedures Committee) [Vote: 8 Yes, 1 No]

2.  FAILED AS AMENDED Ordinance 2004-13: Amending KPB 5.18.430, Sales Tax Computation - Maximum Tax, by Increasing it from $500 to $1,000 (Mayor) (Final Hearing) (Referred to Policies and Procedures Committee) [Vote: 4 Yes, 5 No] Superman gave notice of reconsideration for June 14, 2004 special meeting.

3.  ENACTED AS AMENDED Ordinance 2004-14: Amending KPB 21.18.080 to Increase Authorized Conditional Use Permit Terms from Two Years to a Maximum of Six Years (Mayor) (Referred to Lands Committee) [Vote: 9 Yes, 0 No]

4.  ENACTED AS AMENDED Ordinance 2004-16: Revising Right-of-Way Permit Review and Appeal Procedures (Martin) (Referred to Lands Committee) [Vote: 9 Yes, 0 No]

5.  POSTPONED TO SPECIAL MEETING - JUNE 14, 2004 Ordinance 2004-19: Appropriating Funds for the Fiscal Year 2004-2005 (Mayor) (Final Hearing) (Referred to Finance Committee)

O.  UNFINISHED BUSINESS

P.  NEW BUSINESS

1.  Bid Awards

*a. Resolution 2004-052: Authorizing Award of a Contract for Susan B. English School (Seldovia) Natatorium Wall Resurfacing and Sound Treatment (Mayor) (Referred to Finance Committee)

*b. Resolution 2004-053: Authorizing Award of Contract for Beluga Landfill Operations and Maintenance (Mayor) (Referred to Finance Committee)

*a. Resolution 2004-054: Authorizing the Acceptance of Late Filed Senior Citizen and Disabled Veteran Exemption Applications (Mayor) (Referred to Policies and Procedures Committee)

b. Postponed until June 14, 2004 Resolution 2004-055: Setting the Rate of Levy for Real and Personal Property Taxes for the Kenai Peninsula Borough and for Service Areas Within the Borough for the Tax Year 2004 (Mayor) (Referred to Finance Committee)

*c. Resolution 2004-056: Transferring Funds Between Divisions to Cover Health Insurance Costs in Excess of Budgeted Amounts (Mayor) (Referred to Finance Committee)

*a. Ordinance 2003-19-51: Accepting and Appropriating $7,100 from the Alaska Division of Homeland Security and Emergency Management for the Kenai Peninsula Borough Local Emergency Planning Committee (Mayor) (Shortened Hearing on 06/15/04) (Referred to Finance Committee)

*b. Ordinance 2003-19-52: Appropriating Supplemental Funding in the Amount of $87,500 to Cover Costs Associated with Board of Equalization Hearings (Mayor) (Shortened Hearing on 06/15/04) (Referred to Finance Committee)

*c. Ordinance 2003-19-53: Accepting and Appropriating a Grant from the Alaska Homeland Security and Emergency Management Division in the Amount of $724,924 for Purchase of Communications Equipment (Mayor) (Hearing on 07/06/04) (Referred to Finance Committee)

*d. Ordinance 2003-19-54: Appropriating Supplemental Funding to Cover Health Insurance Costs in Excess of Budgeted Amounts (Mayor) (Shortened Hearing on 06/15/04) (Referred to Finance Committee)

*e. Ordinance 2004-18: Authorizing the Lease of Government Lot 1, ASLS No. 2002-046, According to Plat No. 2003-6 Seward Recording District at Other Than Fair Market Value to the Hope/Sunrise Volunteer Fire Department (Mayor) (Hearing on 07/06/04) (Referred to Lands Committee)

*f. Ordinance 2004-20: Extending the Deadline in Ordinance 2001-16 Regarding Certain Grazing Leases (Mayor) (Hearing on 07/06/04) (Referred to Lands Committee)

*a. Petition to vacate Sunbonnet Drive and associated public utility easements, dedicated by Strawberry Ridge Unit 1 (Plat HM 77-6); within Section 1, Township 6 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-08 (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled May 10, 2004 meeting.]

*b. VETOED PLANNING COMMISSION Petition to vacate a portion of Lewis Street (name changed to Idaho Street by Resolution No. 2003-13) and associated utility easements as dedicated by Brown's Acres Subdivision No. 2 (Plat KN-85-49) and vacate Scenic Street and any associated utility easements as dedicated by Scenic Haven Subdivision Part One (Plat KN 83-258); within Section 25, Township 5 North, Range 10 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-093 (Referred to Lands Committee) [Vote: 7 Yes, 2 No]

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled May 10, 2004 meeting.]

R.  ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

June 08, 2004 09:00 AM Board of Equalization Hearings Soldotna

June 15, 2004 07:00 PM Regular Assembly Meeting Soldotna

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

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)

Ordinance 2004-12 (Mayor's Substitute): Amending Service Area Code Provisions Regarding Appointment of Administrators (Mayor) (Hearing on 06/15/04) (Referred to Policies and Procedure Committee)

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)

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)

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 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) (Hearing on 07/06/04) (Referred to Lands 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 15, 2004, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska.