MINUTES OF REGULAR ASSEMBLY MEETING

BOROUGH ADMINISTRATION BUILDING

SOLDOTNA, ALASKA

March 5, 1991 - 7:30 P.M.

A. CALL TO ORDER

B. PLEDGE OF ALLEGIANCE

C. INVOCATION

The invocation was given by Pastor James D. Duncan, Soldotna Assembly of God Church.

D. ROLL CALL

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

ABSENT: None

E. VACANCY, DESIGNATION OR SEATING OF  ASSEMBLY MEMBERS

There were none.

F. APPROVAL OF MINUTES

F-1 Regular Meeting of February 19, 1991

ASSEMBLYMEMBER GLICK MOVED TO APPROVE THE MINUTES OF 2/19/91 AS SUBMITTED

THE MOTION PASSED BY UNANIMOUS CONSENT

G. COMMITTEE REPORTS

G-1 Finance

Chairman Sewall reported that agenda items were discussed and individual items would be taken up at the appropriate time.

G-2 Legislative

Chairman McLane reported all members were in attendance and that Marla Huss, the Borough Legislative Liaison had arrived from Juneau and attended the meeting, briefing the Committee on upcoming issues of concern to the borough. HB5 has passed the house, however, does not include the bond debt for the foundation formula. The supplemental funding for last year is moving ahead. Concerning Class III roads, Governor Hickel is preparing a plan to upgrade those roads and then turn them over to municipalities.

President Skogstad reported that HB53 and SB54 dealing with a number of increases has been introduced. Mr. McLane explained that the borough had decided not to take a stand on the increases but go with the legislative priority of full funding for debt reimbursement.

G-3 Local Affairs/Lands

Chairman Brown reported that agenda items were discussed with the exception of Resolution 91-32. The Committee will request that this resolution be placed on the agenda at the proper time.

Mr. Brown further reported that the Committee heard a presentation from the Director of the Kenai Senior Citizens Center, Pat Porter.

The Special Land Use Ordinance Committee met on 2/26/91 and discussed three options which would revise KPB 21.12. The Chairman is Gary Superman. The Local Options/Zoning Committee Chair is Suzanne Little and the Chair for a committee to develop a permit system for conditional land use is Mr. Brad Penn, of Marathon Oil. There has been a wide interest in these groups by the public.

G-4 Public Works/Education

Chairman Moock reported that all members were present and that agenda items were discussed and will be brought forward at the proper time.

G-5 Policies and Procedures

Chairman Nash reported that Ms. Little, Mr. Troeger and Mr. Boedeker have assisted in preparing new Board of Adjustment procedures which will be on a future agenda.

G-6 Economic Development District

Mr. Hodgins reported that the District would like to make a presentation to the Assembly. President Skogstad agreed to set a date for the work session later on in the agenda.

H. REPORTS OF COMMISSIONS AND COUNCILS

There were none.

I. AGENDA APPROVAL AND CONSENT AGENDA

President Skogstad stated that it would be helpful if the Assembly would set the Consent Agenda and then give committee reports. Mr. Sewall stated that he failed to see the good of a committee report once it is set. President Skogstad stated that just prior to setting the agenda and prior to asking for public comments, he will have the committee reports, the attempt is to put all the committee reports in one area of the agenda rather than have them go back and forth when we are changing the agenda around. Mr. Sewall stated that the better way may be to go back to the committee reports instead of presenting them at this time.

Mr. Sewall stated that, as an individual, he requested that Ordinance 91-11 be removed and be referred to the Finance Committee or the Sales Tax Committee. Also, Resolution 91-30 be placed on the Consent Agenda.

President Skogstad placed Ordinance 91-11 under O-1.

Assemblymember Nash stated that Sewall, Brown, Moock, and two more had asked to be co-sponsors on Resolution 91-30.

Assemblymember Glick objected to Resolution 91-30 being placed on the Consent Agenda for the purpose that amendments have been recommended.

Mr. Nash asked to move Resolution 91-30 to item L-1 and explained that this motion is in deference to a speaker who has travelled from Homer to speak on the matter and currently the item is last on the agenda. President Skogstad agreed.

Assemblymember Hodgins asked to move Resolution 91-31 to L-2 in deference to those present.

Assemblymember Sewall asked that these two items be placed under Item M in that it would be more appropriate. The Assembly is not keeping with the spirit of the agenda if they are moved ahead of Ordinance Hearings which are of paramount importance. President Skogstad placed them under Item L.

ASSEMBLYMEMBER BROWN MOVED TO PLACE RESOLUTION 91-32 ON THE AGENDA UNDER ITEM P.

THE BROWN MOTION PASSED BY A VOTE OF 14 YES, 2 NO

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

NO: O'Connell and Sewall

ASSEMBLYMEMBER SUPERMAN MOVED TO PLACE ITEM R - THE PACE GROUP PRESENTATION - TO ITEM J

Assemblymember Moock stated that she did not object to the group speaking, but the fact that the Assembly decided that presentations are given after completion of legislative business. The fact that items are moved due to those present is setting a bad precedent. If the Assembly decides that it is important to put speakers first, then the agenda should formally be changed.

THE MOTION TO PLACE ITEM R TO ITEM J FAILED BY A VOTE OF 5 YES, 11 NO

YES: Sewall, Superman, Brown, Little, and Hodgins

NO: McLane, Anderson, Keene, Moock, Poindexter, O'Connell, Skogstad, Glick, Nash, DeLacee, and Walli

Chairman Sewall reported that the Finance Committee unanimously supported Resolution 91-25.

Chairman Moock reported that the Public Works Committee had a recommendation of "do pass" for Resolution 91-26.

Chairman Brown unanimously recommended "do pass" on Resolution

91-26.

President Skogstad called for public comments, there were none.

ASSEMBLYMEMBER SEWALL REQUESTED ROLL CALL VOTE ON SETTING THE AGENDA

THE REQUEST TO SET AGENDA PASSED BY A VOTE OF 11 YES, 5 NO

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

NO: Sewall, McLane, Anderson, Keene, and Moock

The Consent Agenda now reads:

I-1 Resolution 91-25: "Awarding A Contract to Hutchings Chevrolet-Oldsmobile-Pontiac-Cadillac, Inc. for the Purchase of One New 1991 3/4 Ton Pickup Truck for Nikiski Fire Service Area" (Mayor)

I-2 Resolution 91-26: "Granting an Easement to Chugach Electric Association, Inc. on and Across Borough Owned Lands Located in the Beluga Area" (Mayor)

J. ITEMS NOT COMPLETED FROM PRIOR AGENDA

J-1 Resolution 91-24 - Substitute: "A Resolution Requesting that the State Legislature Consider Convening Sessions in Anchorage and Fairbanks on Alternate Years" (Hodgins)

ASSEMBLYMEMBER HODGINS MOVED TO ADOPT RESOLUTION 91-24 SUBSTITUTE

Chairman Brown reported that the Local Affairs/Lands Committee recommended approval of the substitute.

President Skogstad called for public comments, there were none.

Assemblymember Hodgins explained that this resolution addresses the accessibility of the legislature. While in Juneau, he and other legislative people from around the state had an opportunity to discuss this issue and agreed to develop a grass roots type of document to send to the legislature for their consideration.

Assemblymember Moock stated that, at the last meeting she had requested that this resolution be submitted to the packet as amended. This resolution contains amendments, however, the original resolution is not included.

Mr. Hodgins brought forward copies of the original resolution. He explained that the original was drafted rather hastily and contained typographical and grammatical errors.

President Skogstad requested that items that are brought forward be accompanied by the original legislation.

Assemblymember Glick referred to the minutes of the last meeting which indicated that the request was for the resolution to be placed in the next packet as it is currently amended rather than the original piece of legislation in order to avoid confusion.

President Skogstad stated that it was his understanding that there were changes other than those indicated in the minutes that were added to the packet copy.

Mr. Brown noted that the Southeast lobby people have access to the legislature and have an advantage over those further north. He noted that over 63% of the Borough budget is directly derived from state revenue and therefore it is an important issue. The request is to move the legislature, not the capital.

Assemblymember Nash had a concern over requesting some other body to consider a piece of legislation.

Assemblymember O'Connell voiced concern, even though he has been an advocate of moving the capital to Anchorage. However, when considering the logistics of moving the legislature every other year, the expense is beyond anything that should be considered. The legislature is a body of 60 people, with a staff that numbers into the hundreds. Whenever a meeting is called, there are a host of administrative staff that must attend. Conservatively, 3,000 people would be moved on a monthly basis. As an example, if the Assembly were to convene in Homer, would the Mayor and Clerk have to move to Homer also, to name a few.

Mrs. Glick agreed with Mr. O'Connell, that the Assembly would be short-sighted if the financial responsibility were not considered. Infrastructure is in place in both Anchorage and Fairbanks, that does not mean there is sufficient room to accommodate the number of persons involved without building additional facilities. With the projected decline in revenue, the proposed construction and operation of additional infrastructure would have a big impact. We have come a long way to provide accessibility in the last few years; fax machines, legislative information offices, and collect calls from constituents to name a few.

Assemblymember Poindexter felt that a principal was involved, that being the lack of face to face accessibility.

THE MOTION TO ADOPT RESOLUTION 91-24 FAILED BY A VOTE OF 7 YES, 9 NO

YES: McLane, Anderson, Brown, Poindexter, DeLacee, Hodgins, and Walli

NO: Sewall, Superman, Keene, Moock, O'Connell, Skogstad, Glick, Little, and Nash

J-2 Reapportionment Petition

President Skogstad stated that the Assembly had 60 days to respond and that this meeting is the last opportunity to respond to the petition that was certified by the Clerk.

President Skogstad called for public comments, there were none.

Assemblymember McLane indicated an item in the packet from the Bureau of the Census indicating populations for 1990. He felt it appeared that there was a 61% increase in population and spoke in favor of the resolution.

Mr. Nash noted statements made concerning evidence of malapportionment and asked if it was included. Attorney Boedeker answered that the memo that was in this packet was from the first submittal and was sufficient for the information at that time. The Assembly must make the determination of whether or not it is malapportioned.

Assemblymember Superman referred to the section which mentions evidence of apportionment and felt that the document clearly shows some figures that he can not agree with, particularly the figures which show Kenai having 6,300 and Nikiski 3,000. Mayor Gilman explained how the figures in the Borough estimate were done by the Planning Department.

Mr. Superman felt that he could not support this without hard figures and they will be available in less than a month.

Mr. Hodgins asked for clarification of procedures. Attorney Boedeker explained that if the Assembly declares themselves malapportioned, they then have 6 months to have a plan submitted to the voters. That would place it sometime in early September. If the population figures come back and you determine that you are wrong, you can go back and reverse your determination. However, you are still going to have to submit a reapportionment plan to the public, even if it is the same plan.

Mr. Hodgins referred to Mr. Superman's statement regarding the Kenai and Nikiski population figures and agreed that the figures were not correct and he would support a declaration of malapportionment.

Assemblymember Sewall referred to the "law of the land - one person one vote" and felt the Assembly must uphold it and the declaration only begins the process.

Assemblymember Walli felt that, due to the growth in her area alone, the Assembly should not wait until the last minute and should begin.

Mr. Nash spoke against the declaration.

Mr. Superman asked if the Assembly were to declare they were malapportioned, would there be a potential for two elections by October. Attorney Boedeker answered that sometime during the next 6 months there will have to be a vote. That does not mandate that there will be two separate votes before then. There would be the vote on apportionment then the vote on the regular election. A reapportionment plan approved by the voters does not take effect until 60 days after the voters approve it or 60 days after the Federal Justice Department approves it, whichever is later. That means it would not go into effect until the 1992 elections. If you have a plan that is approved by the voters at least 60 days before the October election, it is in effect for those elections, but you have to have it certified and approved before your filing period begins. Mr. Boedeker suggested that the Assembly not pass it and proceed with putting a plan before the voters at the October elections. That avoids the complications of the 60 days and effectiveness.

Mr. O'Connell asked how long to expect federal approval of the plan. Attorney Boedeker answered that we have had federal approval however, we have not had federal approval of some of our election code changes in the past few years and we obtained those after the fact. They took the maximum time frame which was 90 days from submission and that is probably the case.

Mr. Brown felt that the evidence submitted was subjective and could not support the issue.

Mrs. Glick commented that there was a committee formed several years ago to look at apportionment and, at that time it was agreed that the Assembly was malapportioned, however, there were extenuating circumstances as to why not actually declare. One reason was that it was so close to the 1990 census. She also had problems with the figures presented for District III and with the fact that by turning this down, it would indicate the Assembly believes it is correctly apportioned.

ASSEMBLYMEMBER GLICK MOVED TO POSTPONE ANY ACTION ON THE ISSUE UNTIL APRIL 2, 1991

President Skogstad asked if this were possible. Attorney Boedeker stated that the Assembly is required by the statute to make a determination within the 60 day period.

Assemblymember Glick withdrew her motion.

Mr. Brown felt that it should be said that by the evidence presented is not correct, it is subjective rather than objective and asked if that is a valid consideration. Mr. Boedeker answered that it is.

Mr. O'Connell asked if the Assembly did not make a determination within that 60 days, would that trigger action from the Department of Community and Regional Affairs, or where would that leave the petitioners. Attorney Boedeker answered that the petitioners would have the option to appeal the decision to the Commissioner. There are some provisions that would allow the Commissioner to take action on his own. Mr. O'Connell questioned the procedure should an appeal be filed. Mr. Boedeker answered that if the Commissioner declared the Assembly to be malapportioned, then that would trigger action to have a plan available within the 6 months and the same time line.

Mr. Sewall asked if a plan is put before the voters and turned down, what then becomes the time frame. Mr. Boedeker answered that he would have to research the issue, however, several plans can be submitted. The plan receiving the highest vote would be approved.

President Skogstad passed the gavel to Vice President Glick.

Mr. Skogstad felt that the Assembly is malapportioned, and even though there might be some discrepancies with the housing figures, the Assembly should move ahead.

Vice President Glick returned the gavel.

Regarding the petition to declare the Assembly malapportioned, President Skogstad explained that a yes vote will declare the Assembly malapportioned, a no vote will not.

THE PETITION TO DECLARE THE ASSEMBLY MALAPPORTIONED PASSED BY A VOTE OF 13 YES TO 3 NO

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

NO: Superman, Brown, and Nash

ASSEMBLYMEMBER BROWN MOVED TO RECONSIDER

President Skogstad asked Attorney Boedeker to research if this would be feasible due to the time frame.

Mr. Sewall called Point of Order which is that the vote is 3/4. President Skogstad agreed, the item is not available to reconsider.

The Assembly recessed until 9:10 P.M.

K. MOTIONS TO RECONSIDER

There were none.

NOTE: Resolutions 91-30 and 91-31 were moved to this position.

K-1 Resolution 91-30: "Supporting Continued Funding for Domestic Violence and Sexual Assault Programs within the Kenai Peninsula Borough" (Nash)

ASSEMBLYMEMBER NASH MOVED TO ADOPT RESOLUTION 91-30

Chairman Brown reported that the Local Affairs/Lands Committee, on a vote of 4 - 0 recommended "do pass" with one person abstaining. The Committee suggested amendments which will be reported later.

President Skogstad called for public comments.

Ms. Joanne Lopez, HC1, Box 311, Sterling. Ms. Lopez is the Executive Director of the Women's Resource and Crisis Center in Kenai and President of the State Network on Domestic Violence and Sexual Assault and represents the South Peninsula Services in Homer and the Seward Life Action Council. The three agencies serve the entire Kenai Peninsula. Since 1979 all funding has come from the Department of Public Safety as the organization serves victims of domestic violence and sexual assault.

Ms. Lopez described the financial situation of the organizations under the current state budget through the Department of Public Safety which has received cuts to bring the department to the level of services delivered in 1979. The statistics for the entire state show that the Kenai Peninsula rates number four in the number of people served and all programs are in grave danger of closing due to funding. The Governor's rationale is that there is a road network that ties the Peninsula with Anchorage and victims can be served there. However, the Anchorage programs are full and there is a waiting list.

Jane Andreen, Box 2428, Homer. Ms. Andreen is the Executive Director of the South Peninsula Women's Services in Homer. She explained the program to those present. The Homer organization also serves many of the villages which represent 30% of their case load.

Assemblymember Anderson asked if there was a men's group within any of these organizations. Ms. Andreen answered that the South Peninsula Women's Services has one.

ASSEMBLYMEMBER NASH MOVED TO AMEND RESOLUTION 91-30 - THE FOURTH WHEREAS, INSERT THE WORD "MEN" AND A COMMA - SECTION 1, DELETE THE WORDS "RATHER THAN STATE POLITICAL DICTATE AND ADD A PERIOD, DELETE THE WORDS"KENAI-SOLDOTNA WOMEN'S RESOURCE AND CRISIS CENTER AND REPLACE WITH "KENAI PENINSULA BOROUGH DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROGRAMS" AND ADD: ASSEMBLYMEMBERS SEWALL, BROWN, ANDERSON, GLICK, AND MOOCK AS CO-SPONSORS

THE NASH MOTION TO AMEND RESOLUTION 91-30 PASSED BY UNANIMOUS CONSENT

ASSEMBLYMEMBER SEWALL MOVED TO AMEND RESOLUTION 91-30 BY CORRECTING SECTION 2 - FROM "SENATE" COMMITTEE TO "FINANCE" COMMITTEE

THE SEWALL AMENDMENT PASSED BY UNANIMOUS CONSENT

RESOLUTION 91-30 AS AMENDED PASSED BY UNANIMOUS CONSENT

K-2 Resolution 91-31: "Recognizing the Nikiski Senior Citizens, Inc., for Participation in the Borough's Senior Citizens Grant Program" (Nash)

ASSEMBLYMEMBER NASH MOVED TO ADOPT RESOLUTION 91-31 SUBSTITUTE AND AMEND BY ADDING THE CO-SPONSORS OF BROWN, GLICK, HODGINS, AND SUPERMAN - STRIKE SECTION 2 AND RENUMBER SECTION 2 TO SECTION 3

President Skogstad preferred that the Assembly consider the resolution as submitted and advertised in the packet, then make the amendments. Mr. Nash withdrew is motion.

ASSEMBLYMEMBER NASH MOVED TO ADOPT RESOLUTION 91-31

Chairman Brown reported that the Local Affairs/Lands Committee voted unanimous "do pass" on the amended substitute.

Chairman Sewall reported that the Finance Committee was not able to complete their debate on this ordinance.

President Skogstad called for public comments.

Mr. Floyd Stroh, Box 7000, Nikiski. Mr. Stroh is President of the Nikiski Senior Citizens and are requesting the appropriate recognition in order to allow funding for the group.

ASSEMBLYMEMBER NASH MOVED TO ADOPT RESOLUTION 91-31 SUBSTITUTE AND AMEND BY ADDING THE CO-SPONSORS OF BROWN, GLICK, HODGINS, AND SUPERMAN - STRIKE SECTION 2 ENTIRELY AND RENUMBER SECTION 2 TO SECTION 3

Mr. Nash explained that the amendments would allow those persons in the groups to decide on their boundaries.

Mr. McLane asked if the groups would then come forth with the agreed upon boundary in time for the budget. Mr. Nash answered yes, according to the Finance Director.

Mayor Gilman stated that the resolution does not add anything to the total dollar figure. The figure is set no matter how many groups are involved. By adding another group, the figures would go down for all groups already served.

President Skogstad asked if Seward and Homer were included. Mayor Gilman answered that there was a $5,000 start up fee, and $195,000 to be prorated among all groups, instead of $200,000.

Mr. McLane asked at what time the boundary decision would have to be in to make the budget deadline. Mayor Gilman answered that it is a fiscal timeline. Money has been allocated this year and probably won't go into effect until July 1st. If this is passed, administration will allocate the 1992 fiscal amount by the percentage that is left over after the funds are distributed. He cautioned that there will be adjustments after the 1990 census figures are available.

Mr. Nash explained that the Nikiski and Kenai seniors are going to get together and decide on the boundaries, therefore the application is made for recognition to make the March 15th deadline but the identification of the numbers of people served wont be made until later.

THE NASH MOTION TO AMEND RESOLUTION 91-31 PASSED BY UNANIMOUS CONSENT

Mr. Sewall asked if the $5,000 is going to be allocated automatically and also noted that this group began in 1989. Mayor Gilman stated that by passage of this resolution, administration would not be making the payment of $5,000 April 1st. The funds have already been allocated and there is no money left.

Assemblymember Glick stated that the discussions today within the committees, seemed to indicate that the funding would be for the fiscal year 1991/1992 which would not necessitate a special appropriation. Regarding boundaries, discussions indicated that Salamatof did not wish to be included and further that there were some persons within the Nikiski I precinct that did not wish to be included.

RESOLUTION 91-31 SUBSTITUTE AS AMENDED PASSED BY UNANIMOUS CONSENT

L. ORDINANCE HEARINGS

L-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" (Hodgins)

ASSEMBLYMEMBER MOOCK MOVED ADOPTION OF ORDINANCE 90-65

Chairman Moock reported that the Public Works Committee recommended "do pass" unanimously, however, there will be amendments.

Mr. Hodgins reported that there was a hearing at 7:00 P.M. on 2/20/91 in the Assembly Chambers regarding this ordinance. In attendance were members of road service area boards. Additionally, hearings were held in all road service area districts. The consensus was that several amendments needed to made in this ordinance. The biggest concern appeared to be the up-front financing for the engineering and the contingency fund, and the flexibility of passing motions that would preclude them from issuing LID's. With amendments suggested by Mrs. Moock, the areas indicated that they would support the ordinance.

Mr. Alan Bute, North Kenai. Mr. Bute is a member of the North road board and spoke in support of the concept, however, there is the factor of one person within the LID area who could not afford to participate but because the rest approve it, he must go along.

Mr. Brown asked if the board took official action on the ordinance and Mr. Bute answered no. Discussions only at this point, however, there will be a meeting 3/6/91 and the ordinance is on the agenda for action.

Mr. Marv Butze, Homer. Mr. Butze is a member of the South road board, however, wished to speak as a private citizen regarding the funding aspect and asked that the drafters of the ordinance work with lending institutions. He felt that the cost of a parcel of land should include the cost of a decent road and utilities.

Mr. Nash asked if the South road board had taken any official action and Mr. Butze answered no.

Mr. John Kistler, Mile 9, K-Beach Rd. Mr. Kistler agreed that there are roads in need of improvement, however, there are people that own property and live on those roads who could not afford to pay the costs if the other property owners decided to proceed. He asked that the clause for reconsideration and withdrawal of signature be extended beyond the 6 months.

Mr. Seymour Mills, Box 51, Sterling. Mr. Mills spoke to the impacts of majority votes and possibly placing liens on property and voiced opposition based on that criteria.

President Skogstad asked for the Finance Committee report. Chairman Sewall stated that the Committee had a unanimous negative recommendation, subject to public hearing. However, the Committee did not have the amendments to consider.

ASSEMBLYMEMBER MOOCK MOVED TO AMEND ORDINANCE 90-65 - SECTION 5.30.020 STRIKE "DEDICATED PUBLIC RIGHT-OF-WAY" AND INSERT "ROAD ON A" - AND 5.30.040, CHANGE "50%" TO "60%"

Assemblymember Hodgins suggested two "friendly" amendments - amend the title to accompany Mrs. Moock's amendment (add, "road on a") and Section 5.30.110, change "one-half" to "40%"

Mr. Hodgins explained that the "40%" amendment would keep it consistent. Mrs. Moock agreed.

Mr. Nash asked for definition of "existing road". Assistant Attorney Phil Reeves explained that, during the course of the hearings, it was the wish of the people to limit it to existing roads. However, there has not been discussion on how to define existing roads.

ASSEMBLYMEMBER POINDEXTER MOVED TO AMEND ORDINANCE 90-65 - SECTION 5.30.040, CHANGE "ONE-HALF" TO "100%" AND STRIKE "GREATER THAN"

Mr. Poindexter explained that he liked the idea of a group of people getting together to improve their standard of life, particularly in the area of roads. He agreed with the scenario of one person not being able to pay.

Mr. Superman asked if the percentages meant owners rather than percentage of total assessment. Mr. Hodgins answered that the road boards are going to have the flexibility of determining many items within the ordinance.

THE POINDEXTER AMENDMENT TO ORDINANCE 90-65 PASSED BY A VOTE OF 9 YES, 7 NO

YES: Sewall, McLane, Superman, Keene, Brown, Poindexter, O'Connell, Glick, and Nash

NO: Anderson, Moock, Skogstad, Little, DeLacee, Hodgins, and Walli

Regarding percentages, Mr. Reeves pointed out that the actual decision to go ahead after costs are known are based upon the percentage of the liability.

THE MOOCK AMENDMENT TO ORDINANCE 90-65 AS AMENDED PASSED BY UNANIMOUS CONSENT

Mrs. Walli stated that, at the 2/13/91 South road board meeting existing roads were discussed. The board considered existing roads to be those that are currently on the system and any new roads would have to meet road standards already established. This ordinance was to follow standards already on the books and no paper platted roads would be included.

Mrs. Moock stated some concerns with the ordinance, one of which is the amount of latitude allotted to the individual boards. She agreed with the intent of the ordinance, however, more work needs to be done.

ASSEMBLYMEMBER MOOCK MOVED TO TABLE ORDINANCE 90-65

THE MOTION TO TABLE PASSED BY A VOTE OF 11 YES, 5 NO

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

NO: Sewall, McLane, Superman, Hodgins, and Walli

L-2 Ordinance 90-70: "Amending Borough Code for Investment of Borough Monies to Allow for Investment in Certain Special Assessments" (Mayor)

ASSEMBLYMEMBER GLICK MOVED TO ADOPT ORDINANCE 90-70

Chairman Sewall reported that the Finance Committee had a unanimous negative recommendation, subject to public hearing.

Chairman Moock reported that the Public Works Committee had a unanimous negative recommendation.

President Skogstad called for public comments.

Mr. Seymour Mills, Box 51, Sterling. Mr. Mills spoke in opposition to this ordinance.

Mr. Alan Bute, North Road. Mr. Bute felt that he agreed with the 100% and would support the ordinance if the utilities could be added.

Mr. John Kistler, Mile 9, K-Beach Rd. Mr. Kistler felt that if 100% of the property owners could agree on anything the ordinance should be passed. He further stated that if that should come about, then perhaps funding could be obtained through the private sector rather than government.

THE MOTION TO ADOPT ORDINANCE 90-70 FAILED UNANIMOUSLY

L-3 Ordinance 91-5: "Amending KPB 17.50.010 Forest

Management Plan" (Mayor)

ASSEMBLYMEMBER GLICK MOVED TO ADOPT ORDINANCE 91-7

Chairman Brown reported that the Local Affairs/Lands Committee had a unanimous "do pass" recommendation.

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

President Skogstad called for public comments, there were none.

Mr. Nash noted that the ordinance refers to a "plan" and suggested changing the wording to read "report" and went on to read from the ordinance which indicated confusion. Mr. Dick Troeger explained that the current ordinance mandates update of the plan every two years, this ordinance would mandate the staff to prepare a report which would indicate the need to update the plan or not. There are some years when no update is necessary.

THE GLICK MOTION TO ENACT ORDINANCE 91-5 PASSED BY A VOTE OF 15 YES, 1 NO

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

NO: Nash

L-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)

ASSEMBLYMEMBER GLICK MOVED TO ADOPT ORDINANCE 91-6

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

President Skogstad called for public comments.

Mr. Charles Miller, Mile 11, Cohoe Rd. Mr. Miller explained his reasons for requesting the exchange and went on to state that he did not want the exchange to cost the borough or taxpayers any money and would pay any costs incurred. The lot he is proposing to exchange is larger than one he would be obtaining.

ORDINANCE 91-6 PASSED BY UNANIMOUS CONSENT

L-5 Ordinance 91-10: "Appropriating $15,000 from the North Kenai Peninsula Road Maintenance Service Area Fund Balance and $50,000 from the South Kenai Peninsula Road Maintenance Service Area Fund Balance" (Mayor)

ASSEMBLYMEMBER GLICK MOVED TO ADOPT ORDINANCE 91-10

Chairman Brown reported that the Local Affairs/Lands Committee had a unanimous "do pass" recommendation.

Chairman Moock reported that the Public Works Committee had a 4-1 "do pass" recommendation.

Chairman Sewall reported that the Finance Committee had one abstention pending information regarding previous expenditures and balances, however, did recommend "do pass".

President Skogstad called for public comments, there were none.

Mrs. Moock explained that she had questions regarding the statement concerning extreme weather conditions, however, the answer was found in previous minutes which anticipates spring weather conditions. She also had further questions that the Finance Department is researching.

Chairman Sewall stated that the Finance Committee had asked that further information be provided prior to this meeting. Mr. Kinney, Finance Director provided figures on South road board expenditures.

Mayor Gilman explained that last year there was an emergency appropriation to deal with the unusual snowfall. This legislation will help the boards deal with any problems should they occur again.

ORDINANCE 91-6 PASSED BY UNANIMOUS CONSENT

M. CONSIDERATION OF RESOLUTIONS

M-1 Resolution 91-27: "A Resolution of the Kenai Peninsula Borough Assembly Supporting HB 83 Relating to the Appropriation of Funds to Purchase Inholdings Within the Boundaries of Kachemak Bay State Park" (Keene)

ASSEMBLYMEMBER KEENE MOVED TO ADOPT RESOLUTION 91-27

Chairman Brown reported that the Local Affairs/Lands Committee had a unanimous "do pass" with an amendment.

President Skogstad called for public comments.

Seymour Mills, Box 51, Sterling. Mr. Mills stated that there has never been a patent issued on this parcel and is still under government ownership. However, if it is in private ownership, he requests it remain that way.

ASSEMBLYMEMBER BROWN MOVED TO AMEND RESOLUTION 91-27 - SECTION 2, STRIKE "APPROPRIATE" AND "$15.5 MILLION" AND "$4.5 MILLION"

Chairman Sewall reported that the Finance Committee unanimously supported the amendment, including adding the words, "funds" to both lines. This was intended to be a "friendly amendment".

THE BROWN AMENDMENT TO RESOLUTION 91-27 PASSED BY UNANIMOUS CONSENT

Mr. Sewall pointed out the information in the packet regarding supplemental funding and that the amounts involved in the purchases as described in the resolution were nearly the same amount as that requested for education.

Mr. O'Connell agreed with Mr. Sewall and spoke against the resolution.

RESOLUTION 91-27 AS AMENDMENT FAILED BY A VOTE OF 8 YES, 7 NO

YES: Sewall, McLane, Anderson, Superman, Keene, Brown, Glick, and Little

NO: Moock, Poindexter, O'Connell, Skogstad, DeLacee, Hodgins, and Walli

NOTE: Mr. Nash did not vote

M-2 Resolution 91-29: "Delegating Responsibility for Administration and Operation of Road Service Areas to the Road Service Area Boards" (Mayor)

ASSEMBLYMEMBER GLICK MOVED TO ADOPT RESOLUTION 91-29

Chairman Moock reported that the Public Works Committee recommended postponement.

Chairman Brown reported that the Local Affairs/Lands Committee recommended postponement.

President Skogstad called for public comments.

Mr. Alan Bute, North Kenai. Mr. Bute is a member of the North road board and stated that the general consensus is that approximately 50% goes for administrative costs and approximately 50% go for the actual road costs. Many small costs are borne by the members themselves. A suggestion would be to allow the road inspector more administrative responsibilities to cut costs and get more money working on the roads. He stated that the fire and recreation boards are running this way and it appears to be efficient.

Mr. Brown asked if the board had taken any official action on the resolution and Mr. Bute answered that they had not. Mr. Brown asked if the Board would support the suggestion and Mr. Bute answered that, while they had discussed it, there was no vote.

Mr. Marv Butze, South road board. Mr. Butze stated that the board disagreed with the amount of money spent in running the board and more money needed to be spent on the roads. He referred to the Governor's statements regarding upgrading roads and giving them to the local municipalities and felt that the money for roads should be put in the general coffers and spread equally. He stated that only 2% of the total lands are in private hands and private persons should not be taxed for road costs.

Mrs. Moock referred to a letter from the South road board requesting that the Assembly vote no on the resolution. Mr. Butze agreed.

Mr. Bill McGahan, North Kenai. Mr. McGahan spoke in favor of the resolution, stating that the North road is in favor of the concept.

President Skogstad asked Finance Director Kinney for a breakdown of costs for roads, i.e., what percentage is spent on roads and what percentage is spent on administration.

Mr. Nash questioned collective bargaining as it pertains to the boards and Mayor Gilman explained.

Mrs. Moock referred to letters in the packet from the South and East road boards which do not support the resolution as well as the lack of a statement of position from the Central and North road boards.

ASSEMBLYMEMBER MOOCK MOVED TO POSTPONE RESOLUTION 91-29 TO APRIL 2, 1991

THE MOOCK MOTION TO POSTPONE RESOLUTION 91-29 PASSED BY A VOTE OF 13 YES, 3 NO

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

NO: Superman, Brown, and Hodgins

N. RIGHT-OF-WAY VACATIONS

N-1 Petition to Vacate a 100 Foot Section Line Easement Within Sections 25 and 36, T9N, R8W, S.M.

ASSEMBLYMEMBER GLICK MOVED TO APPROVE THE PETITION

Chairman Moock reported that the Public Works Committee had a 4-1 "do pass" recommendation.

President Skogstad called for public comments, there were none.

Mrs. Walli spoke to accessibility of the surrounding parcels and objected to the vacation.

THE MOTION TO APPROVE THE VACATION PASSED BY A VOTE OF 12 YES, 4 NO

YES: Sewall, McLane, Anderson, Superman, Moock, Brown, Poindexter, O'Connell, Skogstad, Glick, Little, and Hodgins

NO: Keene, Nash, DeLacee, and Walli

O. INTRODUCTION OF ORDINANCES NOT ON  CONSENT AGENDA

O-1 Ordinance 91-11: "Amending the Borough Sales Tax Code to Provide More Frequent Publication of Sellers in Violation of the Code, Lists of Registered Businesses, and Removing Existing Provisions Regarding Confidentiality of Payment Agreements" (Nash) (Set for Hearing 4/2/91)

ASSEMBLYMEMBER NASH MOVED TO SET HEARING FOR APRIL 2, 1991 AND ASKED THAT IT BE REFERRED TO THE FINANCE COMMITTEE

Chairman Sewall reported that the Finance Committee agreed with the recommendations.

Mrs. Moock stated that there was some language that she hoped would be changed.

THE NASH MOTION TO SET FOR HEARING APRIL 2, 1991 PASSED BY UNAIMOUS CONSENT

P. ADDITION OF LATE ITEMS

P-1 Resolution 91-32: "A Resolution Opposing President Bush's Proposed Energy Program Calling for the Negation of Certain Provisions in the Mineral Leasing Act of 1920 and the Alaska Statehood Act" (Superman, Glick, Brown)

ASSEMBLYMEMBER SUPERMAN MOVED TO ENACT RESOLUTION 91-32

President Skogstad called for committee reports and there were none.

President Skogstad called for public comments.

Mr. Seymour Mills, Box 51, Sterling. Mr. Mills spoke in favor of the resolution and felt that the State of Alaska is in contradiction to the Northwest Ordinance where all states were supposed to enter into the Union on equal footing. Royalties belong to all people of the state.

ASSEMBLYMEMBER GLICK MOVED TO AMEND RESOLUTION 91-32 BY ADDING TO THE LIST OF THOSE RECEIVING COPIES OF THIS RESOLUTION: SENATOR LYMAN HOFFMAN AND REPRESENTITIVE GEORGIA LINCOLN.

THE GLICK AMENDMENT PASSED BY UNANIMOUS CONSENT

Mr. McLane questioned how the share figures came about. Attorney Boedeker could not answer.

Mrs. Moock stated that she understood that President LBush had backed away from this legislation.

Mr. Sewall felt the Assembly should oppose the entire energy policy as well as the oil royalties.

Mr. Anderson questioned the wording in section 2. Mr. Superman answered that the statehood commission was given a job, however, no decision was reached and has diminished. The commission was voted in by the people and should be reinstated or a new commission established.

NOTE: THE CLOCK HAS REACHED 11:30 P.M. This item will return at the next meeting.

Q. PENDING LEGISLATION

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

(1) 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 4/2/91)

(2) 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)(Tabled)

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

R-1 Pat Garroute, President of Public Awareness for the Environment. Ms. Garroute stated that for the last two months, PACE has been documenting and researching petroleum contaminated sites on the Kenai Peninsula. At this time there are 61 sites and only 12 are documented with 37 sites that have been dug up. There are 24 more scheduled. DEC has stated that there are approximately 4,000 contaminated sites in the State with only 400 documented as recognized. Ms. Garroute gave a slide presentation on 12 of the sites.

Ms. Garroute stated that the group would be returning with more information at a later time and went on to describe different remediation methods.

S. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS

(5 Minutes)

S-1 Mr. Seymour Mills, Box 51, Sterling. Mr. Mills felt that the government chose to pass legislation and should take care of the problem, bearing the costs as well.

S-2 Ms. Joanne Lopez. Ms. Lopez thanked the Assembly for support of Ordinance 91-30.

T. MAYOR'S REPORT

There was none.

U. OTHER BUSINESS

There was none.

V. ASSEMBLY AND MAYOR'S COMMENTS

President Skogstad announced a partial list of members for the Apportionment Committee: Skogstad, McLane, Superman, Keene, Glick, and Margaret Branson of Seward. There will be more later. The first meeting should be in mid-March with Attorney Boedeker sitting in.

President Skogstad announced that the Clerk's Re-evaluation Committee will be: Skogstad, Glick, Sewall, Little, and Anderson.

President Skogstad reminded the Assembly of the dinner and meeting in Homer on Thursday, March 7th beginning at 6:00 P.M.

Mrs. Walli stated that the Homer High School puts out a newsletter on a regular basis and the last newsletter contained a letter from the Parent Advisory Committee asking parents to endorse the funding stated and asked if this was legal. Mayor Gilman asked if it was done with school district funds or PAC funds. Mrs. Walli answered that she believed it was school district funds.

Chairman Nash announced that, due to the meeting in Homer, the Policies and Procedures Committee will be meeting on 3/21/91.

Assemblymember Glick requested an excused absence for the next meeting as she will be attending a legislative conference in Washington D.C.

She went on to comment that, regarding the legislation concerning road boards, the Assembly is facing some major policy decisions and should not be done lightly or piecemeal. The proposals from state administration appear to indicate a work session would be in order to discuss the topic in depth.

Mr. Sewall reminded the Assembly that with the upcoming budget, care should be given towards postponing legislation.

Assemblymember Anderson requested an excused absence for the next meeting as he is leaving for a planning conference in New Orleans.

Mrs. Moock spoke to the shifting of legislation on the agenda.

Mr. Brown reported that the CIRCAC would be meeting Sunday and Monday in Anchorage and the Assembly is invited to contact him with any comments.

W. INFORMATIONAL MATERIALS AND REPORTS

W-1 Correspondence from Public Works Director regarding Budget Revision/Road Manager's Position

There were no comments or questions.

Y. NOTICE OF NEXT MEETING AND ADJOURNMENT

There being no further business, the meeting was adjourned at 12:01 A.M.

The next meeting will be, Tuesday, March 19, 1991.