REGULAR ASSEMBLY MEETING

BOROUGH ADMINISTRATION BUILDING

SOLDOTNA, ALASKA

January 22, 1991 - 7:30 P.M

A. CALL TO ORDER

President Skogstad called the meeting to order at 7:34 P.M.

B. PLEDGE OF ALLEGIANCE

C. INVOCATION

Mr. Don Bradford, Minister, Church of Christ gave the invocation.

D. ROLL CALL

PRESENT: Anderson, Brown, DeLacee, Glick, Hodgins, McLane, Moock, Nash, O'Connell, Poindexter, Skogstad, Superman, Walli

ABSENT: Little, Sewall

Mr. Keene will be arriving late.

E. VACANCY, DESIGNATION OR SEATING OF  ASSEMBLY MEMBERS

Catherine DeLacee was sworn in as the Assembly Member for District II, Seat C.

F. APPROVAL OF MINUTES

1) Regular Meeting of January 8, 1991

The minutes of the January 8, 1991 meeting were approved as written.

G. COMMITTEE REPORTS

1) Finance

Vice-Chairman Nash reported that all items of the Finance Committee are on the agenda.

2) Legislative

Chairman McLane reported that Mrs. Glick will be setting up the computer file at the Legislative Affairs Office to track bills of interest to the Assembly. Mrs. Glick presented copies of pre-filed bills of interest which will be presented to committee chairs, the Mayor, Assembly President and Legislative Committee members. A lobby plan will be discussed at the next meeting and a priority list will be set up to determine which pre-filed bills to address early on in the session.

3) Local Affairs/Lands

Chairman Brown reported that Ordinance 21.12 will be addressed and public meetings will be conducted on the second and fourth Tuesdays, alternate assembly nights, starting at 7:00 P.M. in the Borough Building. These meetings will begin on February 12, 1991. Mr. Troeger will be working with the Borough Clerk to make sure there is adequate public notice. Those individuals who have expressed interest in the meetings will also be notified personally of the meeting times by Mr. Troeger.

President Skogstad instructed that those types of meetings are to be noted on the meeting notice board a day or two before the actual meeting time and a public service announcement is to be given to the media. Mr. Brown noted that members of the Planning Commission who wish to participate will be invited also.

Assemblymember Keene arrived at 7:42 p.m.

4) Public Works/Education

Chairman Moock reported that a quorum was present. Pending Ordinance 90-65 was discussed and arrangements were made for committee members to attend all road service area board meetings in the month of February. A public hearing will be held on Wednesday, February 20, 1991 at 7:00 P.M. in the Borough Building to discuss Ordinances 90-65 and 90-70, and the road service areas will be requested to attend if they are still interested.

Mrs. Moock also reported that the school budget committee met Friday, Monday and Tuesday. The committee was unable to complete the budget process at that time and will be meeting Monday, January 28, 1991 at 9:00 a.m. to try and reach a completion of the budget.

5) Policies/Procedures Committee

Chairman Nash reported that an informal work session was conducted January 17, 1991. Potential procedures for Board of Adjustment meetings were discussed. The next two meeting dates were set:

January 24, 1991 - 6:00 P.M.

Topics to be discussed will include potential work items for the committee for this year and priorities will be set. A brief discussion on Board of Adjustment procedures may also be included.

February 7, 1991 - 6:00 P.M. (tentative)

Anyone interested in attending should contact the Clerk's Office for the confirmed date and time.

H. REPORTS OF COMMISSIONS AND COUNCILS

Cook Inlet Citizens Advisory Council

Assemblymember Brown reported that the Council met and drafted by-laws which are available to assemblymembers upon request. The by-laws will be given final approval at the meeting of February 1 and 2, 1991. A business plan was developed and copies can be obtained from Mr. Brown or from the local Council's office.

In depth briefings and policy workshops were held on the overseas Washington affair. Reports were given by Representative Young and Senator Steven's legislative aides. The Council was assured that it is on target and will be federally certified.

Meeting dates are Friday and Saturday, February 1-2, 1991. February 1st will include special guest speakers and a banquet; February 2nd will be a work session.

I. AGENDA APPROVAL AND CONSENT AGENDA

Assemblymember McLane requested Resolution 91-4 be placed as item M-2 between Resolutions 91-3 and 91-5.

Assemblymember Moock requested that Resolution 91-5 be placed on the Consent Agenda and Ordinance 91-3 be placed under Introduction of Ordinances.

Assemblymember Hodgins stated that Mrs. Glick would like to be a co-sponsor of Resolution 91-5.

Assemblymember McLane requested that Ordinance 91-4 be amended by the Assembly after the public hearing so the voters have a chance to ratify first.

Assemblymember Brown objected to Ordinance 91-4 being on the Consent Agenda. President Skogstad placed Ordinance 91-4 under Introduction of Ordinances as item 1.

Assemblymember Brown requested that Resolution 91-6 be placed on the Consent Agenda.

Consent Agenda now reads:

1) Petition to Vacate Ten Foot Utility Easement, Beaver Dam Estates Part Two, Sec. 21, T5N, R11W, S.M., Ak

2) Resolution 91-5: "Urging Electrical Intertie Construction Supported by State Funding" (Hodgins and Glick)

3) Resolution 91-6: "Urging the Governor and Legislature of the State of Alaska to Continue Financial Support of the Tutka Hatchery." (Anderson)

4) Ordinance 91-3: "Appropriating $2,108,600.00 From the Land Trust Fund to Purchase Properties Adjacent to the Soldotna Landfill Facility to Provide a Buffer and Future Expansion." (Mayor) (Hearing set for 2/19/91)

Assemblymember Nash noted that the Finance Committee approved setting Ordinance 91-3 for hearing with the request that the Chair set a special committee meeting with Public Works to discuss long-term fifty year plans for the Soldotna facility and to be given an overview of the land primarily affected by the baling or landfill facility. That meeting is scheduled for February 5, 1991 at 5:00 P.M.

President Skogstad gave official notice to the Mayor that this presentation be given on February 5th.

Assemblymember Keene stated that he believes he does not have a conflict of interest regarding Resolution 91-6, but would gain some possible financial benefits if the hatchery remains open. Mr. Keene asked that the Assembly address the fact that he does or does not have a conflict. Mr. Keene will be voting.

President Skogstad called for public comments on the agenda items. There were no comments.

THE AGENDA AND CONSENT AGENDA WERE APPROVED BY UNANIMOUS CONSENT.

J. ITEMS NOT COMPLETED FROM PRIOR AGENDA

There were none.

K. MOTIONS TO RECONSIDER

There were none.

L. ORDINANCE HEARINGS

There were none.

M. CONSIDERATION OF RESOLUTIONS

M-1 Resolution 91-3: "Providing For Operation of the Seward Transfer Facility and Soldotna Baling Facility by Borough Employees." (Mayor)

ASSEMBLYMEMBER NASH MOVED FOR THE ADOPTION OF RESOLUTION 91-3.

Mr. Nash reported that four of the six Finance Committee members felt this Resolution should move forward. However, the consensus was that it be continued for one more meeting for further discussion of the contract versus employee issue.

Chairman Brown reported that the Local Affairs/Lands Committee voted 3-2 "do pass". There were concerns, however, regarding the perception of private industry.

Chairman Moock reported the Public Works Committee voted 3-0 "do pass."

President Skogstad called for public comments, there were none.

ASSEMBLYMEMBER NASH MOVED TO POSTPONE RESOLUTION 91-3 TO 2/5/91.

Mr. Nash requested Administration to give budget costs for employees placed at the Soldotna site and the Seward site.

President Skogstad asked Mayor Gilman if there are time constraints regarding the decision of whether borough employees or contract services will operate those facilities. Mayor Gilman stated that we do have time constraints because we are in a budget cycle which goes to the Assembly on the first of April. If we are going to contract for these services a Request for Proposal will need to be developed.

Mayor Gilman referred Mr. Nash to the memorandum in the packet for estimated cost for employees. He noted that there would be a savings if the facilities are operated through contracted services as opposed to using borough employees. Administration recommends operating the facilities with borough employees at this time, however, for the management and control of pollution.

Assemblymember Brown spoke in favor of postponement. Mr. Brown felt the public sector has not been given adequate notification and should be given the opportunity to respond with competitive offers.

Assemblymember Moock spoke against postponement due to the potential for problems with pollution. The borough would ultimately be responsible and would still have to have an employee who monitors the sites.

Assemblymember Superman asked Mayor Gilman if the present contractors for dump sites were notified and did they respond.

Cathy Mayer, Public Works, stated that landfill contractors are aware that operation of the sites with borough employees is being considered, but they were not notified specifically that the issue was being discussed this evening.

Assemblymember Superman spoke in favor of postponement. The private sector needs ample opportunity to hear that this is being considered.

Assemblymember Nash spoke in favor of seriously looking at using contracted services.

Assemblymember McLane spoke in favor of postponement.

Assemblymember Superman spoke in favor of postponement with the request that more backup material be given to the Assembly and the Finance or Legal Department assess the bonding and insurance requirements should the private sector bid on this work.

Assemblymember Glick commented that the Finance Committee heard from a gentlemen from the private sector who requested that Seward be considered separate from Soldotna due to the lack of land space in Seward. Mrs. Glick requested that this be addressed further should this resolution be postponed.

Assemblymember Brown asked that, should the resolution be postponed, the private sector be given every opportunity to bid on this project.

THE NASH MOTION TO POSTPONE RESOLUTION 91-3 TO FEBRUARY 5, 1991 PASSED BY A VOTE OF 9 YES, 5 NO

YES: McLane, Superman, Brown, Poindexter, Glick, Nash, DeLacee, Hodgins, Walli

NO: Anderson, Keene, Moock, O'Connell, and Skogstad

M-2 Resolution 91-4: "Authorizing the Mayor to Award a Contract for the Used Oil Collection Program." (Mayor)

ASSEMBLYMEMBER MOOCK MOVED FOR ADOPTION OF RESOLUTION 91-4

Chairman Nash reported that the Finance Committee recommends unanimous support.

Chairman Moock reported that Public Works Committee recommended "do pass", however, there was not a quorum present at the time.

President Skogstad called for public comments.

John Kistler, Mile 9, K-Beach Rd. Mr. Kistler spoke in favor of the resolution in that it would provide a valuable service that would not be provided by private industry due to the lack of volume.

Jack Hetherton, Sterling. Mr. Hetherton stated that he owns a service station, however, he does not collect waste oil. Upon speaking with his counterparts in the industry he has learned that there definitely is a problem. Currently, there is no means of disposing of the waste that meets any standards; therefore, Mr. Hetherton recommends the Assembly begin some type of action.

Mr. McLane supports Borough involvement in waste oil handling, however, he would not be voting for the resolution.

Mr. Superman felt that it was a small expenditure for something that has been needed for some time. There certainly have been numerous requests for this service. Mr. Superman commended Ms. Mayer and stated that he would be voting for the resolution.

Mr. Nash voiced support for the resolution, however, had concerns. One concern is the operation of the facility on the "honor system". The second concern is whether there would be long term liability for dumping. Also the evaluation criteria and standards for the contractors.

Mrs. Moock reported that the Public Works Committee did discuss this and asked administration to explain some of the regulations which Ms. Lanie Hughes of the Public Works Department did.

Mrs. Moock pointed out that the bid is for four different locations and further discussed fees. The Committee requested that Public Works research the information and the intent is to look into the possibility of the concept of commercial companies compensating the borough if we are saving them money.

THE MOOCK MOTION TO ADOPT OF RESOLUTION 91-4 PASSED BY A VOTE OF 13 YES, 1 NO

YES: Anderson, Superman, Keene, Moock, Brown, Poindexter, O'Connell, Skogstad, Glick, Nash, DeLacee, Hodgins, and Walli

NO: McLane

N. RIGHT-OF-WAY VACATIONS

There were none.

O. INTRODUCTION OF ORDINANCES NOT ON  CONSENT AGENDA

O-1 Ordinance 91-4: "Establishing a Two-term Limit for Assembly and School Board Members" (Hodgins & Anderson) (Hearing set for 2/19/91)

ASSEMBLYMEMBER HODGINS MOVED TO SET ORDINANCE 91-4 FOR HEARING 2/19/91

Chairman Brown reported that the Local Affairs/Lands Committee had a 4-1 "do introduce" with a proposed amendment to include the mayor.

President Skogstad called for public comments.

Mr. John Kistler, Mile 9, K-Beach Rd. Mr. Kistler stated that at the last meeting he asked that it not be introduced, the wording has been corrected, and he urged introduction at this time.

Mr. Anderson stated that they had discussed dividing the question on the ballot and asked if that had been forgotten. Mr. Brown answered that it had not, that the Borough Attorney had stated that it would be done automatically.

Mr. McLane asked if the three terms could be placed on the ballot without codifying them or passing the ordinance, i.e. letting the voters decide then follow with the code changes.

Attorney Boedeker answered that the code implies that the ordinance has to be done, then the voters ratify the ordinance. The only other way would be by initiative petition and that would also be an ordinance.

Mr. Brown stated that he would be proposing an amendment that would not effect the current assembly members.

President Skogstad asked if there was language that make terms retroactive. Attorney Boedeker answered that because of the way the ordinance is worded, it takes effect upon ratification, it would immediately become effective and all past terms would count against the limit.

Mr. Nash asked if it means, "you can run but you can't serve?" and does it mean if a member were already past two terms, would the term be completed? Attorney Boedeker answered that you could not truncate an existing term. As soon as that term is up, it would end.

THE HODGINS MOTION TO SET ORDINANCE 91-4 FOR HEARING 2/19/91 PASSED BY A VOTE OF 12 YES, 2 NO

YES: McLane, Anderson, Keene, Moock, Poindexter, O'Connell, Skogstad, Glick, Nash, DeLacee, Hodgins, and Walli

NO: Superman and Brown

P. ADDITION OF LATE ITEMS

There were none.

Q. PENDING LEGISLATION

(This item lists legislation which will be addressed at a later time as noted)

(1) Ordinance 90-55: "Adopting Land Use Element of the Chuitna Plan" (Mayor) (Postponed to 2/5/91)

(2) Ordinance 90-65: "Enacting New KPB Chapter 5.30 Special Assessments to Provide Authority for Special Assessment Districts for Financing of Improvement to Existing Dedicated Public Rights-of-Way up to Borough Road Construction Standards" (Hodgins) (3/5/91)

(3) Ordinance 90-70: "Amending Borough Code for Investment of Borough Monies to Allow for Investment in Certain Special Assessments" (Mayor)(3/5/91)

(4) Resolution 90-125: "Authorizing a Land Use Permit to Marathon Oil Company and the U.S. Forest Service for a Bark Beetle Remediation Plan" (Mayor)(2/5/91)

(5) Ordinance 91-1: "Amending the Kenai Peninsula Borough Sales Tax Code To Provide For Annual Computation of Municipal Harbor Slip Rentals" (Anderson) (Set for 2/5/91 Hearing)

(6) Ordinance 91-2: "Amending Chapter 20.28 of the Kenai Peninsula Borough Code to Change Procedures and Fees for Vacation of Dedicated Utility Corridors" (Anderson) (Set for 2/5/91 Hearing)

R. FORMAL PRESENTATIONS WITH PRIOR NOTICE  UPON SUBJECTS NOT ON THE MEETING  AGENDA

There were none.

S. PUBLIC COMMENTS AND PUBLIC  PRESENTATIONS

S-1 Mr. John Kistler, Mile 9, K-Beach Rd. Mr. Kistler asked if Ordinance 91-4 were amended as suggested regarding the retroactive, if the voters decided they didn't like that and the Assembly has passed that, is it possible for the voters to change that by initiative petition and at what length of time after that would that be possible.

Attorney Boedeker answered that the initiative process could be started at any time.

T. MAYOR'S REPORT

1) Mayor Gilman reported that, regarding the appeal of the State of Alaska to the Planning Commission ruling of KPB 21.12 to the Sterling site, a letter was received this date from the Department of Environmental Conservation requesting the Kenai Peninsula Borough hold the appeal in abeyance. They have submitted an application for a short term exception permit which will be issued until such time as the treatment cell can be relocated.

Mr. McLane felt that the question of where the material will be relocated is a very important one and the borough should be involved in the site selection.

ASSEMBLYMEMBER NASH MOVED TO APPROVE THE D.E.C. REQUEST TO HOLD THEIR APPEAL IN ABEYANCE

THE NASH MOTION PASSED BY A VOTE OF 10 YES, 4 NO

YES: McLane, Anderson, Keene, Moock, Skogstad, Glick, Nash, DeLacee, Hodgins, and Walli

NO: Superman, Brown, Poindexter, and O'Connell

ASSEMBLYMEMBER SUPERMAN MOVED FOR RECONSIDERATION

Mr. Superman felt that there were some unanswered questions, however, if the Planning Commission moves in a way that is agreeable to everyone he would withdraw his motion.

Mayor Gilman stated that he would be informing the state that they should proceed with the application and all factors in the letter. He felt that it was important that this move forward. The request has been filed and it will be going back to the Planning Commission.

T-2) Mayor Gilman addressed the reapportionment issue and the material that was placed before the assembly earlier which depicted estimates in population figures. Because of interest in this material, and because the material is only an estimate, administration is asking that the Assembly not continue asking for information that is not yet available.

T-3) As a result of meetings in Juneau, Mayor Gilman reported that if communities want to have capital project dollars, they are going to have to be willing to match the money requested. That includes everything but major road systems, schools, and solid waste facilities.

T-4) The Mayor reported that there is a lot of discussion regarding the defeasance of the school debt. The Mayor and the Assembly discussed the issue further.

T-5) Mr. Brown asked if Mayor Gilman had any information from Juneau pertaining to municipal assistance and revenue sharing. The Mayor answered that he was informed that there would be a 5% reduction in entitlement programs as well as other programs.

U. OTHER BUSINESS

U-1 Insurance Program

Mrs. Glick pointed out a letter from Seward City Manager Darryl Schaefermeyer requesting consideration of revising the Risk Management Committee's recommended program to seek proposals from the AML/JIA program and other retention groups. Mayor Gilman stated that the AML/JIA program has been successful for a certain category of communities, however, there are only about 8 first class home rule cities out of about 45 participants. Mr. Jack Webb explained the program and proposals.

U-2 Procedures for Handling Noxious, Injurious or Hazardous Appeal

Attorney Boedeker stated that this is being handled through the Policies and Procedures committee and through the action taken regarding the letter from DEC.

V. ASSEMBLY AND MAYOR'S COMMENTS

V-1 Mr. Brown reported on the Beluga Community Council meeting and commended Mr. Troeger and Mrs. Spearow for their roll.

V-2 Mr. Nash reported on the Nikiski Fire Service Area Board efforts to obtain fire protection for the Beluga/Tyonek area. "Atta Boy's" go to Mr. Troeger and Chief Harris.

V-3 Mr. Hodgins asked that copies of Resolution 91-5 be sent to the assemblies of Fairbanks, Mat-Su, and Anchorage.

V-4 Mrs. Glick reported on the Kenai Peninsula Caucus meeting including amendments to their policy statement. The annual dues are set at $25 for first and second class municipalities, $25 chambers of commerce, $100 for associate members for profit, $100 for state agencies, $25 for borough service areas, associates, and nonprofit corporations, and $10 for partnerships, sole proprietorships and individuals. Resolution 90-11 passed regarding the long term nursing and rehabilitative care and a resolution supporting a legislative grant for replacement of the Seward General Hospital.

V-5 Mr. McLane spoke to a petition submitted supporting reapportionment which was laid before the Assembly this evening.

V-7 Mrs. Moock asked that the Assembly look at the minutes for the Kalifonsky Beach Fire Service Area from January 14th. They are in a transition period since the Chief left and are working towards the consolidation effort. Mrs. Moock also addressed the current conditions of the roads, the school budget and increased enrollment, and the legislative prefiled bills.

W. INFORMATIONAL MATERIALS AND REPORTS

There were none.

Y. NOTICE OF NEXT MEETING AND  ADJOURNMENT

The next meeting is scheduled for February 5, 1991. There being no further business, the meeting was adjourned.