REGULAR ASSEMBLY MEETING

BOROUGH ADMINISTRATION BUILDING

SOLDOTNA, ALASKA

February 19, 1991 - 7:30 P.M.

 

MINUTES

A. CALL TO ORDER

Acting Assembly President Betty Glick called the meeting to order at 7:30 P.M.

B. PLEDGE OF ALLEGIANCE

C. INVOCATION

Reverend James Pearson, Christ Lutheran Church gave the invocation.

D. ROLL CALL

PRESENT: Sewell, McLane, Anderson, Superman, Keene, Moock, Brown, Poindexter, Glick, Little, Nash, DeLacee, Hodgins, Walli

ABSENT: O'Connell, Skogstad (excused)

E. VACANCY, DESIGNATION OR SEATING OF  ASSEMBLY MEMBERS

There were none.

F. APPROVAL OF MINUTES

1) Regular Meeting of February 5, 1991

Acting President Glick stated that there is a corrected copy of page 18 passed out this evening. The Clerk's Office was also instructed to correct, if necessary, the item on page 7 regarding a motion made by Assemblymember Sewell to table Ordinance 90-55. The minutes do not indicate a tally of the motion.

Assemblymember DeLacee asked the Clerk's Office to check the tally of the Glick amendment shown on page 15.

ASSEMBLYMEMBER MOOCK MOVED TO APPROVE THE MINUTES OF FEBRUARY 5, 1991 AS AMENDED

THE MOTION TO APPROVE THE MINUTES PASSED BY UNANIMOUS CONSENT

G. COMMITTEE REPORTS

G-1) Finance

Acting President Glick asked Vice Chair Nash to give the Finance Committee report, with the permission of Chairman Sewall.

Vice Chair Nash reported that the Finance Committee reviewed items on the agenda and will report the individual items as they come up.

G-2) Legislative

Chairman McLane reported that the Legislative Committee met at 3:00 P.M. and discussed the bills currently introduced and going through the legislative process in Juneau.

Mrs. Glick and Mr. Hodgins reported on AML functions and other legislative lobbying. Ms. Huss, the Borough's Legislative Representative in Juneau, and Mayor Gilman will be at the next Legislative Committee meeting to discuss the current situation in Juneau and begin fine tuning the Borough's priority list. The Committee plans a more extensive legislative report at the next meeting.

G-3) Local Affairs/Lands

Chairman Brown reported that the Local Affairs/Lands Committee met at their regularly scheduled time and discussed agenda items.

The Committee had an excellent presentation from the Soldotna Historical Society. Members of the Soldotna Historical Society are here this evening and prepared to speak at the appropriate time on the agenda.

The Local Affairs/Land Committee will hold a special meeting regarding land use Tuesday, February 26th. The first meeting was February 12th. The public is invited to attend these meetings.

G-4) Public Works/Education

Chairman Moock reported that the Public Works/Education Committee met at 5:00 P.M. and addressed agenda items.

Mrs. Moock reminded everyone that there will be a public hearing in the Borough Administration Building Wednesday, February 20th at 7:00 P.M. regarding the LID proposal. Included are representatives from ENSTAR, HEA, and the Telephone Company.

Mrs. Moock disbursed materials relating to the school budget. The school budget public hearings are scheduled for Tuesday, February 19th at 7:30 P.M. at Kenai High School, Wednesday, February 20th at 7:30 P.M. at Nikiski High School, Thursday, February 21st at 7:30 P.M. in Seward, Wednesday, February 27th at 7:30 P.M. at Soldotna High School, and Thursday, February 28th, at Homer High School.

G-5) Policies and Procedures Committee

Chairman Nash reported that the Policies and Procedures Committee reviewed a proposal prepared with the assistance of the Borough Attorney for Board of Adjustment Procedures for Chapter 21.12 appeals. The proposal will be finalized at the next meeting, Thursday, February 21st, and will tentatively be on the agenda of the March 5th Assembly meeting. For further information or a copy of the procedures contact the Clerk's Office.

According to Assemblymember Sewell, the Local Emergency Response Committee will be meeting in the Assembly Chambers Wednesday, February 20th at 9:00 A.M.. On the agenda is a report from Alaska Railroad on transportation of hazardous materials.

H. REPORTS OF COMMISSIONS AND COUNCILS

There were none.

I. AGENDA APPROVAL AND CONSENT AGENDA

Acting President Glick stated that it was recommended to move Resolution 91-19 and Resolution 91-22 to their respective positions under item M. Request has been made to move Item M2, Resolution 91-8, after Item J, "Items Not Completed from Prior Agenda and before Item K, "Motions to Reconsider."

Public Works requested removal of Item #6, Resolution 91-23 from the Consent Agenda. Acting President Glick placed Resolution 91-23 in front of Resolution 91-8 under Item J, "Items Not Completed from Prior Agenda."

Mr. Hodgins asked to submit Resolution 91-24. Acting President Glick placed Resolution 91-24 under Item P, "Addition of Late Items."

Assemblymember Walli requested Ordinance 91-10, which needs to be set for an early hearing, be placed in the appropriate area of the agenda. Attorney Boedeker suggested placing it under item P, according to the newly revised ordinance.

Mr. Hodgins requested that Resolution 91-22 be included under Item M, "Consideration of Resolutions." Acting President Glick noted that there is a substitute for Resolution 91-22.

Assemblymember Little requested the removal of the unnumbered resolution, #7 from the consent agenda. Acting President Glick placed that resolution under Item M.

Mr. Nash reported the Finance Committee, without a quorum, recommended "do pass" on Resolutions 91-18 and 91-21.

Mrs. Moock reported the Public Works Committee, with a quorum, recommended "do pass" on Resolution 91-18.

Mr. Brown reported the Local Affairs/Land Committee recommended unanimously "do pass" on the resolution commending the bravery and dedication of Alaska's military personnel, with the deletion of the second "Whereas." He requested that the amended resolution remain on the Consent Agenda.

Assemblymember DeLacee asked that the commending resolution be amended by adding the actual military personnel and that copies be sent to them rather than just the legislature and Alaska delegation.

Acting President Glick noted that the unnumbered resolution dealing with the service personnel has been amended, deleting the second "Whereas" and sending copies to the service personnel.

The Consent Agenda now reads:

(1) Resolution 91-18: "Authorizing the Award of a Contract for the Purchase of A Track-Type Loader for Use at the Homer Baling Facility" (Mayor)

(2) Resolution 91-20: "Deleting the Secretary/EMT/Firefighter Position and Establishing a Secretary Position for the Central Peninsula Emergency Medical Services" (Mayor)

(3) Resolution 91-21: "Awarding the Contract to Nichols' Clinical Management Services for Medical Billing Services for Central Peninsula Emergency Medical Service Area" (Mayor)

(4) Ordinance 91-9: "Repealing Chapter 17.04 of the Borough Code and Enacting a New Chapter 17.06 to Govern Classification and Disposition of Borough Lands" (Mayor) (Set for 3/19/91 Hearing)

(5) "A Resolution Commending the Seward Seahawks Girls Basketball Team for Winning the Award for the Highest Grade Point Average (3.79) Among the Class 3A Tournament Teams Competing in Fairbanks" (Glick, Sewall)

Acting President Glick read the resolution commending the Seward Seahawks Girls' Basketball Team.

Mrs. Glick also commended the students who don't necessarily get to play the full gamut of a game because success takes the cooperation of all the students participating on these teams.

J. ITEMS NOT COMPLETED FROM PRIOR AGENDA

J-1) Resolution 91-15: "Providing for the Continuation of Wages for Kenai Peninsula Borough Employees Serving in Reserves and National Guard Who Are Called to Active Duty" (Mayor)

Acting President Glick explained the prior action on the resolution.

Acting President Glick called for public comments, there were none.

ASSEMBLYMEMBER SUPERMAN MOVED TO TABLE

THE SUPERMAN MOTION TO TABLE PASSED BY A VOTE OF 10 YES, 4 NO

YES: McLane, Anderson, Superman, Moock, Brown, Glick, Little, Nash, Hodgins, and Walli

NO: Sewall, Keene, Poindexter, and DeLacee

J-2) Ordinance 91-7: "Amending KPB 2.40.090 to Provide Monthly Car Allowance to the Planning Commissioners and Appropriating $8,250.00 from KPB Fund Balance to Resource Planning Department Account 100-211010-43220 for Commissioners' Car Allowance for Remainder of FY 90-91" (Anderson) (Set for Hearing 3/19/91)

ASSEMBLYMEMBER ANDERSON MOVED TO INTRODUCE ORDINANCE 91-7 AND CHANGE THE DATE TO 4/2/91

Acting President Glick called for public comments.

Mr. John Kistler, Mile 9, K-Beach Road. Mr. Kistler stated that he would like to see this ordinance introduced. He also asked to keep in mind that it may be setting a precedent for the rest of the boards and commissions in the area.

Chairman Nash reported that the Finance Committee had an interesting "nonrecommendation to extend the courtesy provided by our rules to set the matter up for public hearing but without comment as to the merits by the Finance Committee."

Mrs. Walli reported that commissioners approached her on this matter stating that they would be more readily available to travel borough-wide to look into the commission's concerns and issues if a car allowance was instituted.

THE ANDERSON MOTION TO INTRODUCE ORDINANCE 91-7 AND SET FOR HEARING ON 4/2/91 PASSED BY A VOTE OF 13 YES, 1 NO

YES: Sewall, McLane, Anderson, Superman, Keene, Moock, Brown, Glick, Little, Nash, DeLacee, Hodgins, and Walli

NO: Poindexter

J-3 Resolution 91-23: "Requesting the Alaska State Legislature to Designate Adequate Funding for Department of Natural Resources for The Timely Completion of Phase 2 and 3 of the Kenai Peninsula Hydrogeological Study" (Superman)

ASSEMBLYMEMBER SUPERMAN MOVED TO ADOPT RESOLUTION 91-23

Mr. Superman asked that Mr. Munter, with the Department of Geological Surveys, give a presentation addressing the ongoing Peninsula water study.

Acting President Glick consented to a 15 minute presentation.

Mr. Jim Munter, Alaska Department of Natural Resources, Division of Geological and Geophysical Surveys. Mr. Munter explained that the division is sometimes called DGGS or the State Geological Survey. Today he would be speaking as a member of the Kenai Peninsula Ground Water Task Force which has been meeting for a little over a year. He stated that he wanted to give the Assembly this opportunity to understand why they pulled together, what they are trying to accomplish and where they are headed.

The function of monitoring wells is not to obtain water, but to collect information about ground water, usually because there is some problem with ground water. The issues before the ground water task force are: where does ground water flow, in what direction does it flow, what is the quality of ground water both under natural conditions and when contaminated, the extent of contamination, how serious it is, and the type of contamination, the risks posed to ground water by past or current practices, and finally, the primary mission of the task force, which is to plan and obtain funding to oversee a regional ground water study.

The group was initially put together at the request of the Alaska Water Resources Board in l989. The approximately 21-member task force consists of representatives from seven different agencies, six industrial companies, six local citizens, and two environmental groups.

The approach of the task force has been to establish a four-phased line of study. The first phase, to review existing data in the U.S. Geological Survey Data Base, look at water distribution and determine ground water conditions, is almost complete. The Phase 1 completion report is being printed and should be available soon. Phase 2 consists of a 3 year, $1.11 million ground water study involving this agency and the State Geological Survey in cooperation with the U.S. Geological Survey Water Resources Division as the primary investigating agencies.

Phase 3 is designed for subregional scale investigations. This might be on the order of 10 or 20 or 100 square miles, as opposed to the entire peninsula. Phase 4 is aquifer protection. This has been initiated in conjunction with the other phases of the project. The state has approximately $300,000 in its operating budget earmarked for this project and the U.S. Geological Survey under its matching program, is contributing approximately $300,000.

Ms. Little questioned if state funding for the hydrogeologic survey is secure at this point. Mr. Munter answered that they were recently asked to put together budget reductions for the FY92 year and this year they are operating under a $100,000 level. This project would probably be affected, as all others would be, if those reductions are approved by the legislature.

Mr. Brown referred to a letter discussing oil organizations who have contributed or are going to contribute to this effort. Mr. Munter affirmed this. They are operating under the umbrella of the Alaska Oil and Gas Association, with the intention of entering into a letter of agreement to conduct the investigation.

Mayor Gilman stated that there is $170,000 available from the Alaska Oil and Gas Association. The Alaska Oil and Gas Association said, in fact, that the $170,000 would be more like $200,000 and there is a commitment to participate in this project on an ongoing basis.

Mr. Munter stated that the new Commissioner, Harold Heinze, was very supportive of the entire program. He was enthused to learn that the borough was going to be participating in this process also.

RESOLUTION 91-23 PASSED BY UNANIMOUS CONSENT

J-4 Resolution 91-8: "Authorizing a Free-use Permit to the City of Soldotna for Location of the Original Soldotna Post Office Building on a Portion of Lot A, Aspen Flat Subdivision, Addition 4" (Mayor)

ASSEMBLYMEMBER MOOCK MOVED TO ADOPT RESOLUTION 91-8

Chairman Brown reported that the Local Affairs/Lands Committee had no recommendation and wanted more information regarding Resolution 91-8.

Chairman Moock reported that Public Works and Education discussed this at length and had a 4-1 "do pass" recommendation. Mrs. Moock pointed out the memorandum dated January 2, 1991 in regard to Soldotna Elementary Parking lot #2 and the funding or lack of funding for that project as it relates to this resolution.

Acting President Glick called for public comments.

Florence Lancashire, Box 3786, Soldotna. Mrs. Lancashire asked "all the members of the assembly to please give us our way with this." There are only two buildings in Soldotna of historical value and this is the only one that could really be fixed. "It's the little post office right over there and we just ask that you help us".

Catherine Parker, Box 349, Soldotna. Mrs. Parker appealed to the Assembly Members to please save this last bid of our homesteader history. It dates back to 1948 when the first Soldotna Postmaster passed out the mail to folks from the area. She felt that it is very important to the Historical Society and to the community. "We feel it's appropriate to have this piece of our history right next door to the Soldotna Elementary School so they can see how things once were here."

There being no further comments on Resolution 91-8, the public hearing was closed.

Mr. Hodgins directed the Assembly's attention to the similarity between Resolution 91-8 and Ordinance 91-8, authorizing the disposal of lands to a historical society in Hope. He went on to state that in the past the Assembly has gone forward with such land conveniences for historical reasons, hoping to save a little bit of the past in Soldotna.

Mr. McLane said this is one of the last original buildings left in Soldotna and happens to be on a public piece of property. It was Soldotna's first post office built with native logs lumbered by members of the local homestead community in the late 40's.

As to why it should be saved, Mr. McLane felt it was in the public interest because of the historical value and the educational value. He felt that community volunteers would be willing to help in the restoration of the building.

Ms. Moock felt it important that people understand why this was postponed from the last meeting. The resolution in itself is saying that Assembly is going to give a free use permit to the City of Soldotna and the City is going to indemnify the borough against any claims or if there is a problem where this building will be relocated. The Public Works Committee found that there was a fiscal note tied to this that we hadn't been made aware of. The memo that came out stated that last year the Borough purchased this property and part of the contract was that the buildings on the property be removed. One of those buildings has yet to be removed from the property.

She went on to state that there was a budget of about $89,000 for changing the traffic pattern and the parking at Soldotna Elementary as a safety and health measure. The new estimate to complete the project is $152,941. Costs for design and inspection had not been included. Added into this bid is approximately $6,500 to relocate the building in question and also the PTA at Soldotna Elementary has requested some lighting in that parking lot.

Mrs. Moock stated that it is now up to the Assembly to determine whether to continue to do business in this manner and whether the Assembly deems this $6,500 as a reasonable price to pay to protect the building in question. She stated that she would support this.

Mr. Anderson asked if someone would be paying for a gravel pad, moving this building and then paving the parking lot. Mrs. Moock responded that the building will be moved up to the front by the Spur Highway, the front corner of that lot which isn't really within the confines of the project.

Mr. Nash said the resolution itself doesn't say anything about any of this discussion. It says that a free-use permit may be issued to the City of Soldotna for the use of a portion of Lot A, Aspen Plat Subdivision, Addition 4, for the purpose of locating the former Soldotna Post Office building. Anything other than that is way out of scope.

THE MOOCK MOTION TO ADOPT RESOLUTION 91-8 PASSED BY A VOTE OF 11 YES, 3 NO

YES: Sewall, McLane, Anderson, Moock, Brown, Glick, Little, Nash, DeLacee, Hodgins, and Walli

NO: Superman, Keene and Poindexter

K. MOTIONS TO RECONSIDER

There were none.

L. ORDINANCE HEARINGS

L-1) 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)

ASSEMBLYMEMBER WALLI MOVED TO ENACT ORDINANCE 91-3

Chairman Moock reported that the Public Works Committee had a unanimous "do pass" recommendation.

Chairman Brown reported that the Local Affairs Land Committee had a split vote, no recommendation.

Chairman Nash reported that the Finance Committee did not have a quorum. The Committee is generally in favor, but there are some concerns about the extent of the purchase and some concern about the map itself being incorrect that hopefully will be straightened out.

Acting President Glick called for public comments.

Pamela Hansen, Box 1944, Soldotna. Mrs. Hansen stated that she lives next to the landfill and that this issue has been going on for about 21 years. There have been a lot of promises made by the Assembly and a lot of promises broken by the Assembly. She stated that if the Assembly goes ahead with releasing the money the Borough can begin to negotiate. She stated that she hoped the Assembly would approve this legislation.

Chuck Roser, Box 172, Soldotna. Mr. Roser stated that his homestead is adjacent to the site and he supports passing this resolution.

Richard Herrick, Box 536, Soldotna. Mr. Herrick stated that he lives on Arc Loop Road right next to the dump. He would like to see this proposal passed but would also like to see some paperwork. He stated that, as of this date, he had not received any of the paperwork that had been promised.

Jack Foster, Box 494, Soldotna. Mr. Foster spoke regarding 1984 prices, asking the Assembly and the Mayor to look closely at this. Anyone that was going to buy something right now wouldn't want to pay the price that it was in 1984 because that was a fairly high price.

Darrell Snodgrass, P.O. Box 656, Soldotna. Mr. Snodgrass informed those present that his land borders the dump property. He asked for the passage of this legislation, explaining that his neighbors all had plans for their property when the school went in, and when the school didn't open they made the dump permanent which ended their plans.

Coral Allen, Box 301, Soldotna. Mrs. Allen explained that her home is included in the buy-out in Ordinance 91-3 and agreed with the other people who spoke, with the exception of the gentleman objecting to the 1984 prices.

Mrs. Allen referred to the map showing the parcels included in the buy-out, feeling that the map contained errors. Mrs. Allen asked that these errors be noted and corrected. Mrs. Allen stated that she had informed borough officials on three other occasions of this discrepancy on the maps. Mrs. Allen also presented photos of the area.

There being no further public comments, Acting President Glick closed the public hearing.

Mr. McLane spoke in favor of the ordinance, stating that this is an opportunity to purchase a buffer area to provide adequate protection for a number of years and to eliminate conflict with the private landowners through an equitable buyout.

Mayor Gilman asked to speak. He explained some of the history of the site and also explained why 1984 land sale prices were being considered.

Mr. Nash asked how much money is in the Land Trust Fund at the present time. Mayor Gilman answered that as of June 30th of this year there is an undesignated balance of $2,934,000.

Assemblymembers Brown and Anderson spoke in favor of the ordinance.

ORDINANCE 91-3 PASSED BY UNANIMOUS CONSENT

The Assembly recessed until 9:30 P.M.

L-2) Ordinance 91-4: "Establishing a Two-Term Limit for Assembly and School Board Members" (Hodgins and Anderson)

ASSEMBLYMEMBER HODGINS MOVED FOR ENACTMENT OF ORDINANCE 91-4

There were no committee reports.

Acting President Glick called for public comments.

Jack Hetherton, Mile 1.4 Spur Road. Mr. Hetherton spoke in favor of the concept of limiting terms but objected to the way this ordinance is written. Mr. Hetherton stated that opponents of this say that borough government will suffer by losing experienced assembly and school board members. What would be lost is a "status quo" concept that the assembly tends to operate under. Mr. Hetherton asked the Assembly to amend this ordinance and then pass it.

John Kistler, Mile 9, K-Beach Road. Mr. Kistler stated that, at the last meeting, several members felt that nothing had been heard from the general public about whether they want to be able to comment on this by voting or not. If it passes, he would guarantee that the public would be heard at the next election.

Mrs. Walli stated that she was under the impression that this had been amended to include the Mayor's term. Acting President Glick agreed.

ASSEMBLYMEMBER WALLI MOVED TO AMEND ORDINANCE 91-4 BY ADDING A NEW SECTION 3 TO INCLUDE THE MAYOR WITH THE SAME VERBIAGE AS FOR THE ASSEMBLY, THEN RENUMBER SECTION 3 TO SECTION 4

The Assembly and Mayor Gilman discussed how to place the issue of terms for Assembly, Mayor and School Board on the ballot. Attorney Boedeker answered that each of the 3 issues would be voted on as a separate ballot proposition so there would a separate ballot proposition dealing with the assembly term limitation, one for school board, and one for mayor.

Attorney Boedeker addressed the amendment, stating that the Assembly would actually be amending another section of the code.

The language that will be added to section 3 is: "that KPB 2.04.010 is amended to read in the title, add the word `limitation of terms' after that in the subject heading and then the section reads `the term of office of the borough mayor is 3 years - that's the current language and you would add to that `no person may serve more than 2 consecutive full terms as mayor, however, a person having served two consecutive full terms may be eligible for election only after a lapse of 1 year. No person may...for purposes of this section a term of less than 3 years to which a person has been elected to serve as mayor does not count as a full term."

Mrs. Walli agreed to make that her amendment.

Mrs. Walli stated that her decision for making this amendment stemmed from public comments and phone calls gathered which indicated an interest in including the mayor's seat.

THE WALLI AMENDMENT TO ORDINANCE 91-4 FAILED BY A VOTE OF 5 YES, 9 NO

YES: Anderson, Superman, Keene, Glick, and Walli

NO: Sewall, McLane, Moock, Brown, Poindexter, Little, Nash, DeLacee, and Hodgins

Attorney Boedeker stated that, "at the last meeting there was some discussion about the effective date and if you recall, somebody asked a question about it taking effect upon ratification. That could be the same date persons were re-elected to office. In my opinion, it would not, however, be the same date. I did suggest, so that there was no confusion, that you might change the effective date and place it some time after ratification by the voters, say 30 days or maybe 60 days."

ASSEMBLYMEMBER HODGINS MOVED TO AMEND ORDINANCE 91-4, SECTION 3, "THAT THIS ORDINANCE WILL TAKE EFFECT 45 DAYS AFTER RATIFICATION BY VOTERS".

Assemblymember Hodgins stated that one of the loopholes that was brought forward in public comment was, in Section 2, Item B for the purposes of this section, a term of less than 3 years to which a person is appointed/elected to serve does not count a full term. If somebody was waiting for a run-off and has had a term of less than three years and the way the statutes and the ordinance are worded, the term of office is three years and that's the same term whether they are elected in a run-off or not. Mr. Hodgins was of the opinion that, "somebody that's elected in that process would still be considered in a full three-year term. The provision that you would have for less than that is where somebody is appointed to fill a vacated seat so the run-off would not make their term less than three years in that meaning."

THE HODGINS AMENDMENT PASSED BY A VOTE OF 11 YES, 3 NO

YES: Sewall, McLane, Anderson, Superman Moock, Brown, Glick, Little, DeLacee, Hodgins, and Walli

NO: Keene, Poindexter and Nash.

Assemblymember Little stated that, term limitation seems to be a quite popular notion these days and at this local level, looking at the intent, if it is to have more honest effective representation, her opinion is that limiting terms will not accomplish this. At the local level, people need to become involved in politics or involved in being concerned about how their government is run and actually throw their hat into the ring to do something about it.

Mr. Nash stated, "We the people of the United States in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, do ordain and establish that whenever a candidate feels it requires too much time and effort to defeat an incumbent we promise to simply strike the incumbent's name from the list."

Assemblymember DeLacee, upon conducting some research, found "there have been 136 assembly persons on the assembly since incorporation in 1963 through the current body through their current terms. In checking with the 6-year guideline there's 23, including those currently seated who have served. Their whole tenure would be 6 years and greater. That is 17 percent of the representation for this borough since 1963".

Ms. DeLacee went on to state that this perceived problem is one of assemblies, not the mayor's and while not having had time to do the school board, it seems to an election official for 6 years, that restricting tenure is a restriction on the voters. Just as a historical reminder for those that despair about the last decade and the tenure on this assembly, in 1980 with the mechanism of reapportionment there was a 75 percent turnover.

Mrs. Walli spoke in support of the ordinance, but not because the current assembly members and those that have served more than two terms are not doing their job. "We, as a body, legislate and the Administration administers what we legislate. So, therefore, if some policy is not accomplished it's not so much all our fault." As an assembly person she feels that there is apathy. The people tend to sit back and let their representative work.

Assemblymember Superman stated that one of the main questions is if there is a real need for limiting terms on a local level. This is the citizen legislative body that people seem to be hounding for. The real problem that underlies all of this is the problem of apathy. Mr. Superman referred to the office of Mayor and spoke to the power that it holds. Effectively, limiting terms is going to limit the expertise of this public body and enhance the power the administrative official has by lessening that of this body which is a check and balance system.

Assemblymember McLane recalled that he had asked if there was some other form to use for this issue to get it on the ballot without the assembly necessarily endorsing it which cannot be done.

He stated that he was going to support it just for the fact that the voters will decide if there should be a term limit on the assembly.

Mr. Anderson stated that the intent of this ordinance was to put this question before the voters because term limitation and terms is purely a voter issue. He ran for the office on the promise to do so.

Assemblymember Keene felt that every time a person ran for election they were going before the voters to determine whether they wanted that person in the office or not. He also felt that he wouldn't want some other area telling him who he could vote for. In essence, it's denying a right to run for an election.

Mrs. Moock felt that Mr. Hetherton brought up a very interesting point, that someone could resign their seat four or five months before an election to get the option to run for three more terms. There has not been any amendment brought forward. At this point, if there is no amendment to clean that up she would not support it.

She also stated that it is a misconception by the public that people run for assembly seats to garner benefits, i.e., pay and insurance and vesting into the state. The amount of time spent would certainly not be compensated by any kind of perceived benefits.

Assemblymember Brown stated that he had a change of heart on this issue, but as pointed out tonight and also by a couple of private attorneys, there are a lot of legal problems with this that people are not willing to step forward and address at this time. It would not be constitutional. Additionally, there has not been a lot of support from the public.

Assemblymember Poindexter encouraged the defeat of Ordinance 91-4 simply because this ordinance will take the public's right of choice and their right to vote the person they want representing them, away from them.

Assemblymember Sewall concurred with Mr. Brown. He had taken this before the Seward City Council meeting on February 11th and asked for any comments, positive or negative, and received none at all. He agreed that it is limiting people's rights.

Mr. Hodgins noted that there were many loophole arguments that have come out. He pointed out that it should be put to the voters who have the right to determine whether it is valid or not. Given the right, the public would make the correct decision. He felt the idea is rather absurd of somebody resigning a few months before the filing date. A democracy states that majority rules which hasn't been the case because as Mr. Superman has pointed out, there's been some apathy. Maybe 30 percent rules. We just elected a governor with 39 percent of the vote. That's not a majority. Getting people involved in local government is essential.

ORDINANCE 91-4 FAILED BY A VOTE OF 4 YES, 10 NO

YES: McLane, Anderson, Hodgins, and Walli.

NO: Sewall, Superman, Keene, Moock, Brown, Poindexter, Glick, Little, Nash, and DeLacee

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) (Postponed from 2/5/91 Meeting)

ASSEMBLYMEMBER MOOCK MOVED TO ADOPT RESOLUTION 91-3

Chairman Nash reported that the Finance Committee did not take a specific vote on it because the resolution now has a memorandum by the sponsor, the Mayor, that suggests that we defeat his resolution. The Finance Committee probably agrees.

Acting President Glick called for comments from the public.

Kathryn Thomas, Box 1594, Soldotna. Mrs. Thomas asked to defeat this resolution. She felt that this should stay in the private sector. This is work that can go out to bid to local contractors and can be done well by them. There was some discussion about potential liability for the borough and she suggested that if the borough has concerns regarding their control and the performance of the contractor then they take it upon themselves to see that their Public Works Department put out a good set of specifications for the contracts to be bid under. A good contractor likes to bid a good set of specifications. That's what the competitive bid process is all about.

Mr. Nash questioned an earlier statement that somehow or another private contractors wouldn't be able to adhere to federal, state, and local regulations and asked if she could see any problem with private contractors being able to follow the law. Mrs. Thomas answered no. There are many contractors that right now have performed different projects and environmental cleanup projects that have to operate under the same set of guidelines that the Solid Waste Facility does.

James Spellman, P.O. Box 2884, Soldotna. Mr. Spellman felt that it was a matter of philosophy of either the government wanting to do the work or put it out to bid. He believed that if the government does want to put this work out to bid that there are problems with the environmental cleanup and the different permit processes and they can use that as an excuse in order for the borough to hire more employees. He felt the borough and the government are wanting to take on more and more responsibility for the people. He stated that he would like to see it stay in private hands.

Larry Smith, Box 680, Cooper Landing. Mr. Smith is the President of D&L Construction Co., Inc. and are presently under contract to the borough to manage the Beluga landfill on the west side of Cook Inlet. His company have previously been contracted to operate the Kenai Landfill from 1 July, 1988 through closure approximately June 15, 1990. His company went through a learning process during the Kenai landfill contract, and certainly mistakes were made, however nothing that created any major liabilities. He asked to defeat the Resolution 91-3 because the borough should continue with the policy of contracting for landfill operation whether it be the landfill, balefill, transfer facility or whatever.

He went on to state that there has been a tendency over the past few years for the borough to be getting more and more involved in doing projects that the private sector should do. It wasn't but a year or two ago that the borough spent about $150,000 in the Maintenance Department to remove some underground fuel storage tanks and there was some reasoning that the borough should do that in-house and not contract out and since that time some tanks have been removed by contractors.

Mr. Brown stated that, in discussing this a few weeks ago the Assembly looked at an evaluation process or some kind of criterion that would be established rather than just low bid and asked Mr. Smith to comment. Mr. Smith felt that would be a sensible thing to do. He also suggested that, currently the borough operates the Homer Balefill and they have since the facility went on line. One way to get an idea of what may be done in the future is go out for a request to operate that facility with the proviso up front that you may not award any type of contract.

Mr. Superman questioned if he were awarded the contract to operate the Soldotna Dump, if he had any provisions or any concepts in mind for salvaging and for site separation of recyclables. Mr. Smith envisioned that is something that's increasingly more important as time goes on. Fairbanks had a requirement that mandated 5% of the waste volume be recycled in the first year. One of the people that worked for him at the Kenai Landfill, in one year as a dump picker made $20,000 in cash picking mostly aluminum and copper.

Jack Foster, Box 494, Soldotna. Mr. Foster is a contractor, owning a portion of Foster Construction and stated that he was speaking for half of the private sector. Mr. Foster addressed the expenses involved in a contracting business and asked for the support of the borough in continuing to contract for services in the private sector. He spoke to the specs and that they are basically well written and contractors comply with them and usually have inspectors on the job that see that the job is done the way that it's printed. Contractors take pride in the quality of work that they do. They are looking for something that looks nice and is a good functioning project.

Acting President Glick pointed out that Resolution 91-3 has been on the agenda since January 22, 1991 and that the sponsor of the resolution, the Mayor, has respectfully requested that either the Assembly table or defeat this particular resolution.

RESOLUTION 91-3 FAILED UNANIMOUSLY

M-2) Resolution 91-19: " Awarding a Contract for Design Services for the Homer Junior High School Water Piping Replacement Project" (Mayor)

ASSEMBLYMEMBER MOOCK MOVED TO ADOPT RESOLUTION 91-19

Chairman Moock reported that the Public Works Committee had a "do pass" recommendation. It should be explained to the body that the contract for $38,942 is for design services only. There is an asbestos problem, all the pipes are wrapped with asbestos.

Chairman Nash reported that the Finance Committee had much the same concerns that Mrs. Moock voiced. Also of concern was that there was only one bidder and that appeared to be high because there was only one bidder. The asbestos abatement problem doesn't appear in the body of the legislation and for that reason the Finance Committee felt that it ought to be pulled from the consent agenda and if the legislation itself is not going to talk about the asbestos abatement concerns, at least our official record ought to have that reference in it.

Acting President Glick called for public comments.

John Kistler, Mile 9, K-Beach Road. Mr. Kistler stated that about two years ago was the first time the school board mentioned that there was a problem with the plumbing at the Homer Junior High School. The comments at the time were related to the fact that they didn't have enough waterflow through the pipes to provide an adequate flow to flush a toilet in some of the restrooms. So whether you deal with this problem one step at a time or all at once, it's irrelevant. It should be sent back to a committee to study the asbestos problem and rewrite this to include that particular aspect of it and cover the piping and the asbestos at the same time. It would be more cost effective than dealing with it in two steps.

Mr. Brown stated that originally this $137,000 figure was put together by Borough Maintenance in Homer two years ago and it was for removing the pipes only. Nothing to do about asbestos. The Committee recommend hiring the architect to let him put the scope of work together to include the asbestos project. Public Works has taken on this project and have added back in the cost estimated for this project, $211,000.

Mr. Superman asked if the dollar amount of work to be done on this is $211,000. Mr. Brown answered that was Public Work's estimate. When talking about asbestos, that is a very limited field. Insurance to cover asbestos jobs like this is $1 million. Mr. Superman asked if the dollar amount for this resolution does address the asbestos remediation. Mr. Brown answered yes.

Mr. McLane felt that this is primarily a mechanical project, replacing the piping and asked if plans were to use in-house mechanical engineers or a mechanical engineering subcontract. Mr. Brown answered that this will be a mechanical engineering subcontract that has insurance for the asbestos abatement as well as the removal and design for piping.

Assemblymember Little asked when the Committee expects the construction of this project to begin. Mr. Brown answered, hopefully when school is out.

Mrs. Moock questioned if this project was funded out of the capital project's list that the School District had on their priority list.

Mr. Brown answered that it was approved for $135,000. Ordinance 90-18 for Homer Junior High piping, only, nothing about asbestos.

Mrs. Moock asked where the other $150,000 to complete the project is coming from. Mr. Brown answered that there is $135,000 now, and about $90,000 plus the design cost. A part of that $90,000 depends on what the architect establishes for asbestos abatement and the pipe work. Then the Committee will have to go back to the School District and hope they prioritize this for additional funds for next year's budget.

Mr. Nash felt that these are concerns that the Administration has already discussed and would support it.

Mr. Keene asked if the borough will be able to recover any funds from the State. Mr. Brown no.

RESOLUTION 91-19 PASSED BY UNANIMOUS CONSENT

M-3 Resolution 91-22: "Transferring a Total of $1,000 from the Assembly Contingency Account to the Assembly Clerk's Minor Office Machines Account for the Purchase of a Modem and to the Clerk's Minor Office Furniture Account for Chairs" (Skogstad)

ASSEMBLYMEMBER NASH MOVED TO ADOPT RESOLUTION 91-22

Mr. Nash noted that the basic resolution itself, even though it states that it was introduced by Mr. Skogstad, was introduced by the Policies and Procedures Committee and it does not include the amendment.

Vice Chair Nash reported that the Finance Committee felt that because they were faced with the question about the difference between what policies and Procedures had put together in the original resolution and what was being submitted as the substitute, without the maker of the substitute being available to explain what the real problem was, propose removing it from the consent agenda.

Chairman Nash reported that the Policies and Procedures Committee did discuss the original resolution and it was the consensus of the committee that these were things that should be purchased now.

Acting President Glick called for comments from the public.

John Kistler, Mile 9, K-Beach Road. Mr. Kistler spoke in favor of the resolution and went on to state if it does pass, he would like to contribute a machine and modem that's compatible with the rest of the Clerk's equipment to provide the same computer-type access to the public.

Mr. Nash stated that, the purpose of this modem, in part, is so that individual members of the assembly who do prepare their own resolutions and ordinances will be able to get it into the Clerk's Office so they don't have to retype them. Mr. Kistler indicated that he understood that, however, would like the same capability made available to the public and that he would be willing to provide a machine and modem separate from the one in the resolution to make that information immediately available to the general public.

Referring to Mr. Kistler's suggestion, Mr. Hodgins questioned if there would be a security problem with the public having access to the Clerk's records. Attorney Boedeker answered that there are questions of what somebody dialing in could gain access to. There are ways to limit that. The simplest way is to be sure the unit doesn't have any confidential documents on it and it has a directory for the information that they would be able to access. It could be done and kept secure.

Mr. Hodgins asked if there is some way of putting a package together and finding out if it's indeed compatible and bring it up possibly in another resolution.

Mr. Nash stated that the Policies and Procedures Committee have been working on this for a couple of years. One of the things that they are looking at in the future with a new computer system is being able to have the whole Code Book accessible by anyone who has a modem anywhere in the United States. The legal system has that capability now for legal documents. One of the big problems is budget and cost.

ASSEMBLYMEMBER MOOCK MOVED TO ADOPT RESOLUTION 91-22 SUBSTITUTE WHICH TRANSFERS $2,900 FROM THE ASSEMBLY CONTINGENCY ACCOUNT FOR LONG DISTANCE CHARGES

Mr. McLane spoke in favor of the amendment. In looking at the 1990 budget document that was passed, the account number 43110 - Communications is a new separate category this year, therefore we were not able to look back and see what was spent last year. He pointed out that, although he does not serve on the Policies and Procedures Committee, they have conducted some business via teleconference and that is certainly less expensive than paying mileage and the time factor for Assembly Members to travel to a meeting in a different area. Therefore, he sees this as housekeeping and there would be no abuse of funds.

THE MOOCK MOTION TO ADOPT RESOLUTION 91-22 SUBSTITUTE PASSED BY A VOTE OF 12 YES, 2 NO

YES: Sewall, McLane, Anderson, Superman, Keene, Moock, Poindexter, Little, Nash, DeLacee, Hodgins, and Walli

NO: Brown and Glick

THE NASH MOTION TO ADOPT RESOLUTION 91-22 AS AMENDED PASSED BY A VOTE OF 12 YES, 2 NO

YES: Sewall, McLane, Anderson, Superman, Keene, Moock, Poindexter, Little, Nash, DeLacee, Hodgins, and Walli

NO: Brown and Glick

M-4 "A Resolution Commending the Bravery and Dedication of Alaska's Military Personnel and All Men and Women Who are Serving in the Allied Forces in the Persian Gulf" (Brown, Glick, Nash, and Superman)

ASSEMBLYMEMBER BROWN MOVED FOR ADOPTION OF THE COMMENDING RESOLUTION AS AMENDED BY REMOVING THE SECOND "WHEREAS"

Acting President Glick read the commending resolution as amended.

Mr. McLane commended Acting President Glick, because he believed that, even though it is an unnumbered resolution the Assembly still should make the amendments on the floor and make those part of the record rather than the way it was discussed on the consent agenda.

THE COMMENDING RESOLUTION AS AMENDED PASSED BY UNANIMOUS CONSENT

N. RIGHT-OF-WAY VACATIONS

There were none.

O. INTRODUCTION OF ORDINANCES NOT ON  CONSENT AGENDA

O-1 Ordinance 91-10: " Appropriating $15,000 from the North Peninsula Road Maintenance Service Area Fund Balance and $50,000. from the South Kenai Peninsula Road Maintenance Service Area Fund Balance" (Set for Shortened Hearing, 3/5/91)

ASSEMBLYMEMBER WALLI MOVED TO INTRODUCE ORDINANCE 91-10 AND SET FOR SHORTENED HEARING 3/5/91

Acting President Glick called for public comments, there were none.

Mr. Sewall stated that, traditionally this is service area money and they should have the freedom to do with it as they will, but the backup material mentions in several places that this wasn't budgeted because of the extreme weather conditions. Mr. Sewall felt that the weather had not been extreme this year and questioned the expenditure.

Mayor Gilman responded that, last year there was an emergency ordinance which wiped out the entire treasury for most of the service area boards, with the exception of the central area, because of an anticipated bad breakup, however, that did not happen and they didn't use it. It went back into their fund. Now they are asking to bring that money back as contingency prior to March so that if there is a snowstorm they will have it and won't have to return for an emergency ordinance.

Mrs. Walli commented that, at the South Peninsula Service Area Road Board meeting at the time that they were working on their budget, they amended it to reduce their dollar per mile figure, because they feel that if the dollar's are allocated they're going to be spent.

THE MOTION TO INTRODUCE ORDINANCE 91-10 AND SET FOR SHORTENED HEARING, 3/5/91 PASSED BY UNANIMOUS CONSENT

O-2 Resolution 91-24: "A Resolution Requesting the State Legislature to Consider Convening Sessions in Anchorage and Fairbanks on Alternate Years" (Hodgins)

ASSEMBLYMEMBER HODGINS MOVED TO ADOPT RESOLUTION 91-24

Mr. Nash expressed concerned regarding sending this resolution to all the members of the Legislature, the Governor, the Borough Assemblies and the City Councils throughout the State with all the typographical errors included.

ASSEMBLYMEMBER NASH MOVED TO POSTPONE RESOLUTION 91-24

Acting President Glick called for comments from their public, there were none.

ASSEMBLYMEMBER HODGINS CHALLENGED THE DECISION TO ALLOW MR. NASH TO POSTPONE PRIOR TO PUBLIC COMMENTS

Acting President Glick put this before the Assembly, if they wish to have Mr. Nash make that motion again.

ASSEMBLYMEMBER NASH MOVED TO POSTPONE RESOLUTION 91-24

Mr. Hodgins spoke against postponement, and work on the few little details that need to be worked out and either pass this or defeat it this evening.

THE MOTION TO POSTPONE FAILED BY A VOTE OF 8 YES, 6 NO

YES: Sewall, Superman, Keene, Moock, Poindexter, Glick, Nash, and DeLacee

NO: McLane, Anderson, Brown, Little, Hodgins, and Walli.

Mr. Hodgins commented that, when he went down to Juneau this last week the airplane was 10 hours late. The next airplane in was about a day and a half late. All the meetings that were scheduled were rescheduled. He spoke with quite a few people at our level of government, and they were quite enthralled with the idea of urging the Legislature to convene in either Anchorage or Fairbanks on alternate years.

ASSEMBLYMEMBER HODGINS MOVED TO AMEND THE FOURTH "WHEREAS" TO REMOVE THE WORD "OF" WHERE IT IS MISPLACED, REMOVE THE NEXT WORD AND GO TO "GOVERNMENT OFFICES," ALSO IN SECTION 2, REMOVE THE WORDS "AND CITY COUNCILS" TO READ "COPIES TO BE SENT TO THE LEGISLATURE, GOVERNOR, AND BOROUGH ASSEMBLIES THROUGHOUT THE STATE"

ASSEMBLYMEMBER MOOCK MADE A "FRIENDLY AMENDMENT TO CHANGE THE TITLE TO READ: "A RESOLUTION REQUESTING THAT THE STATE LEGISLATURE CONSIDER CONVENING SESSIONS IN ANCHORAGE AND FAIRBANKS ON ALTERNATE YEARS"

Mr. Hodgins agreed to the friendly amendment.

Assemblymember Nash asked for clarification on the title, however, Mr. Hodgins noted a Point of Order because the legislative deadline was reached.

Acting President Glick noted the legislative deadline and suggested changing Section 1 to coincide with the title, which would be to add "Would Urge That the Legislature Consider" and take out "To" for the next packet.

Mrs. Moock requested that Resolution 91-24 be put in the packet for the next meeting as it is currently amended, rather than the original piece of legislation, to avoid confusion. This request was passed on to the Clerk by Mrs. Glick.

Q. PENDING LEGISLATION

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

(1) 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" (Mayor) (Hearing set for 3/5/91)

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

(3) Ordinance 91-5: "Amending KPB 17.50.010 Forest Management Plan" (Mayor) (Hearing Set for 3/5/91)

(4) Ordinance 91-6: "Authorizing an Exchange of Lot 339 Moose Point S/D Owned by the Borough for Lot 356 Moose Point S/D owned by Charles E. Miller" (Mayor) (Set for Hearing 3/5/91)

R. FORMAL PRESENTATIONS WITH PRIOR NOTICE  UPON SUBJECTS NOT ON THE MEETING  AGENDA (10 Minutes)

Agenda item R was presented earlier in the meeting.

S. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS

(5 Minutes)

Jack Hetherton, Jr., Mile 1.4, Spur Highway. Mr. Hetherton commended the Assembly for approving the resolution supporting the troops in the Persian Gulf. Mr. Hetherton said that the reason he filed as a candidate for the vacant assembly seat was to try to keep Soldotna from being, in his opinion, over-represented on the Borough. Mr. Hetherton has no intention of running for the Assembly.

John Kisler, Mile 9, Kalifonsky Beach Road. Mr. Kisler spoke regarding Resolution 91-24, noting that the public voted to move the Capital to Willow. Mr. Kisler also said that the limiting of terms at a federal, state, or borough level never reaches the voters.

T. MAYOR'S REPORT

In addition to a written report before the Assembly, Mayor Gilman spoke regarding the operation of landfills. It was anticipated that RFPs would be requested. Administration asked the consulting engineers for both facilities to give proposals on RFPs as an addendum to their contract. Mayor Gilman read to the Assembly the instructions given to the engineers. The cost for drafting the RFP for both facilities is about $10,000.

U. OTHER BUSINESS

Reapportionment Petition. Assemblymember McLane asked that the Reapportionment Petition be placed on the agenda for the next meeting under, "Items Not Completed From Prior Agenda."

Mr. Boedeker reminded the Assembly to address this issue within the sixty day time period which is coming up in March. A resolution is not required, but Mr. Boedeker suggested that if a resolution were drafted it could be placed on that portion of the agenda. Assemblymember McLane said he is planning on having a resolution for the next meeting, but asked that the Reapportionment Petition be placed on the agenda as an item not completed from prior agenda. Mr. McLane will have a motion at the next meeting and a companion resolution.

Acting President Glick asked that the Reapportionment Petition be included on the next agenda under Item J, Items Not Completed From the Prior Agenda.

V. ASSEMBLY AND MAYOR'S COMMENTS

V-1 Assemblymember Walli. Mrs. Walli thanked Mr. Kisler and the members of the road board, and John Glenn, for attending the assembly meeting. The South Peninsula Hospital Service Area will be conducting an all day inservice on Saturday, February 23, 1991. Discussion will include the expiration of the contract between the Borough and the South Peninsula Board.

V-2 Assemblymember Hodgins. A teleconference will be held Wednesday morning, February 20th, 8:00 A.M. to 9:30 A.M., regarding the lands of Silverview, the Mental Health Lands Coalition Statement, and the Alaska Mental Health Association Statement.

Wednesday, February 20th at 4:00 P.M. a meeting will be held in the Mayor's office with utility representatives to discuss special assessment districts. Assemblymembers are invited to attend.

A public hearing will be held at 7:00 P.M. Wednesday evening, February 20th in the Assembly Chambers to discuss Local Improvement Districts for roads and special assessment districts for utilities.

Mr. Hodgins asked that committee reports having no quorum not relate the opinions of one or two persons on the committee in regard to resolutions or ordinances. If there has not been a quorum, the report serves no purpose.

V-3 Assemblymember Nash. Mr. Nash spoke of his concern on the moving of the old Soldotna post office building, specifically who is responsible for bearing the cost of the move.

V-4 Assemblymember Little. Ms. Little encouraged the community to get involved in the public hearings relating to the school district's budget. Budget considerations include a cut of 39.5 employees with a net loss of 12 positions, the elimination of lunch programs, and reconfiguration of sports programs. The community's input would be appreciated.

V-5 Assemblymember Sewall. Mr. Sewall also encouraged the assembly and the public to attend the school district budget hearings.

V-6 Assemblymember Superman. Mr. Superman spoke regarding public hearings held last fall by the DEC for the purpose of setting air standards for ammonia and particulate matter in North Kenai. A Nikiski Vegetation Impact Assessment recently received states that high levels of nitrogen are being deposited in the area. The future consequences of high nitrogen deposition in the Nikiski region is an accelerated conversion to the local forest ecosystem to a grass prairie. Mr. Superman advised more citizen input into the policy making at the state level. Mr. Superman thanked Mr. Pat Cowan for sending him the Colonel Crockett oratory.

V-7 Assemblymember Keene. Mr. Keene will be presenting a resolution on the Kachemak Bay buyout situation. The Assembly has before them a packet on this subject and Mr. Keene asked that assemblymembers read it along with the proposed resolution. Mr. Keene also welcomed co-sponsors to the resolution.

V-8 Assemblymember Moock. Mrs. Moock spoke regarding the financial aspects of moving the old Soldotna post office. She voiced concern over the fact that the financial aspects were not clear in the resolution and that the Public Works/Education Committee felt that it needed to be a matter of public record that the Borough would foot the bill for the movement of the building, with no opportunity for comment by the Assembly. If there is an item an assemblyperson feels should be discussed, then they need the opportunity to do so.

Mrs. Moock commended the Soldotna High School hockey team for their first ever region title last weekend. The hockey team will play in the state tournament starting Thursday night at 7:30 P.M. in Eagle River.

V-9 Assemblymember Brown. The Local Affairs/Lands Committee will meet next Tuesday, February 26th. Mr. Brown thanked the committee members for their efforts. Mr. Brown commended Mrs. Glick for her excellent work in chairing tonight's meeting.

V-10 Assemblymember Poindexter. Mr. Poindexter thanked the southern residents for attending tonight's meeting. The Homer Girls' Cross Country team won their first regional cross country championship this weekend. All the Peninsula cross country skiers will be attending a three-day state championship in Anchorage this weekend. Mr. Poindexter commented to the public that over 2.25 million dollars was appropriated at tonight's meeting in spite of budget woes. He expressed concern that this level of spending cannot continue.

V-11 Assemblymember Glick. The school budget presentations are: Wednesday, February 20, 1991 at 7:30 P.M. in Nikiski; Thursday, February 21 in Seward; Wednesday, February 27th in Soldotna; Thursday, February 28th in Homer.

Thursday, February 28th at 5:30 P.M. a meeting of the Central Peninsula General Hospital Service Area Board will be held to reconsider the chiropractic hospital privileges.

The Kenai Peninsula Caucus will be meeting on Friday, February 22nd at 4:00 P.M. at the Kenai City Council Chambers. Teleconferencing is available by contacting Carol Freas by Wednesday at 283-7539.

Conflict of Interest statements are due by April 15th or after your tax return is filed.

A Board of Adjustment meeting will be held on March 5, 1991 at 6:00 P.M. to consider Mr. Seymour Mills' appeal of the extension of time requested by DEC to remove the contaminated soil in Sterling.

Y. NOTICE OF NEXT MEETING AND ADJOURNMENT

There being no further business, the meeting was adjourned at 12:01 A.M. The next Regular Assembly Meeting will be held on March 5, 1991 at 7:30 P.M.