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.

H.  APPROVAL OF MINUTES

*1. September 20, 2005 Regular Assembly Meeting Minutes

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

1. Roadway leading to Spirit Lake, Polly (Crawford) Blair (10 minutes)

M. MAYOR'S REPORT

a.  Spruce Bark Beetle Mitigation Program

• Approval of Contracts with Segesser Surveys for West Hill, Endicott Drive, Fishermans Avenue #2, and Subdivision Road Surveying Projects

c.  Approval of Contract with B. J. Coopes, M.D., P.C. for Two Days Training for CES

d.  Approval of Contract with Blakeley's Auction Company for Auctioneering Services of Tax Foreclosed Parcels

e.  Approval of Contract with Blakeley's Auction Company for Auctioneering Services for KPB Outcry Auction

f.  Approval of Contract with McLane Consulting for Engineering Services associated with Road Upgrade for Chinulna Drive/Ocean Entrance Drive

g.  Approval of Contract with Wm. J. Nelson & Associates for Engineering Services associated with Road Upgrade for Ryan Lane, Centennial Subdivision, Whisperwood Subdivision and Wilderness Park Subdivision

h.  Approval of Bid Award and Contract with Great Northern Construction & Management for Delivery of Aggregate Material to Central Peninsula Landfill

i.  Approval of Bid Award to Holden Company for Construction Services for the Tustumena Elementary Water Treatment Building

2.  Other

a.  Recap of 2005 Surplus Property Auction

b.  Litigation Report - September 29, 2005

N.  ITEMS NOT COMPLETED FROM PRIOR AGENDA - none

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

Ordinance 2005-19-24: Accepting and Appropriating a State Grant in the Amount of $71,500 for a Mobile Hydrant Unit for the Bear Creek Fire Service Area (Mayor) (Referred to Finance Committee)  Memo

Ordinance 2005-19-26: Accepting and Appropriating a Grant from the Alaska Division of Homeland Security and Emergency Management in the Amount of $340,621 for Emergency Siren System Repairs and Upgrades (Mayor) (Referred to Finance Committee)  Memo   Backup

Ordinance 2005-39: Authorizing the Sale of Tract C of ITC Anchor Point Subdivision to Kachemak Gun Club, Inc. at Other than Fair Market Value (Mayor, Martin) (Referred to Lands Committee)  Memo   Backup

Ordinance 2005-40: Amending KPB 5.12.100 to Exempt Certain Senior Housing from Real Property Taxation (Merkes) (Referred to Finance Committee)  Memo   Backup

P.  UNFINISHED BUSINESS - none

Q.  NEW BUSINESS

1.  Bid Awards

*a. Resolution 2005-088: Authorizing Award of Contract for Professional Design Services for the Nikolaevsk Fire Substation Project (Mayor) (Referred to Finance Committee)  Memo

*a. Resolution 2005-089: In Support of the Continuing Work of the Cook Inlet Aquaculture Association (Moss) (Referred to Policies and Procedures Committee)  Memo

*b. Resolution 2005-090: Supporting the Inclusion of Cook Inlet in the Outer Continental Shelf Oil & Natural Gas Leasing Program for 2007-2012 (Mayor) (Referred to Lands Committee)  Memo

*c. Resolution 2005-091: Supporting the Sterling Senior Center Grant Application to Alaska Housing Finance Corporation (Merkes) (Referred to Policies and Procedures Committee)  Memo

*d. LAYDOWN  Resolution 2005-092: Certifying the Results of the October 4, 2005 Regular Borough Election (Superman at the request of the Borough Clerk) (Referred to Policies and Procedures Committee).LAYDOWN

*a. Ordinance 2005-19-31: Accepting and Appropriating Two State Grants Totaling $460,000 for School Equipment and Supplies (Mayor) (Hearing 11/15/05) (Referred to Finance Committee)  Memo

*a. Petition to Vacate a 50-foot Section Line Easement along the Southern Boundary of Lot 25B Subdivision of Government Lot 25 (Plat HM 86-73); Section 20, Township 2 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2004-179 (Postponed from July 19, 2004 meeting); Petitioners: Donald A. and Judith A. McDonald of Ninilchik, Alaska; Location: West of Sterling Hwy in Ninilchik (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled September 12, 2005 meeting.]

*b. Petition to Vacate the 33-foot Roadway and Public Utility Easements, along the East and West sides of Government Lots 7 & 8, Along the North Side of Lot 7 and the South Side of Lot 8 Reserved by Patent; within Section 12, Township 6 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2005-210; Petitioners: Judith A. and R. J. Davis of Homer, Alaska; Location: West of Diamond Ridge Road in Homer (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled September 12, 2005 meeting.]

*c. Confirmation of New Department Head, Fred W. Swen - Chief, Nikiski Fire Service Area (Referred to Policies and Procedures Committee)

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

Resolution 2005-067: Authorizing the Mayor, on Behalf of the Kachemak Emergency Service Area, to Enter into an Agreement with the City of Homer to Provide Fire and Emergency Medical Services (Martin, Mayor) (Postponed to 11/01/05) (Referred to Finance Committee)

Ordinance 2005-13: Amending KPB 21.26.030 (A)(3) to Clarify Conditions for Material Site Permits (Chay) (Hearing on 11/01/05) (Referred to Lands Committee)

Ordinance 2005-19-28: Accepting and Appropriating a State Grant in the Amount of $175,000 for the Youth Facility in the North Peninsula Recreation Service Area (Mayor) (Hearing 11/01/05) (Referred to Finance Committee)

Ordinance 2005-19-29: Accepting and Appropriating Fifteen State Grants Totaling $2,438,651 for School Projects (Mayor) (Hearing 11/01/05) (Referred to Finance Committee)

Ordinance 2005-38: Amending Kenai Peninsula Borough Title 16 to Authorize Certain Volunteers to Serve on their Respective Service Area Boards (Mayor) (Hearing on 11/01/05) (Referred to Policies and Procedures Committee)

Ordinance 2005-43: Amending KPB 2.40.030 to Delete the Provision Authorizing the Borough Mayor to Vote on Planning Commission Actions in the Case of a Tie (Mayor) (Hearing 11/01/05) (Referred to Policy and Procedures Committee)

Ordinance 2004-36: Amending KPB 5.18.430, Sales Tax Computation - Maximum Tax, By Increasing It From $500 to $1000 (Mayor) (Referred to Finance Committee) (Tabled on 03/01/05)

Resolution 2005-044: Supporting the Funny River Bridge Project and Authorizing the Mayor to Negotiate the Administration, Management, and Ownership of the Project with the State Department of Transportation and Public Facilities (Mayor) (Referred to Lands Committee) (Tabled on 06/09/05)

INFORMATIONAL MATERIALS AND REPORTS

NOTICE OF NEXT MEETING AND ADJOURNMENT

The next meeting of the Kenai Peninsula Borough Assembly will be held on November 1, 2005, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska.