REGULAR ASSEMBLY MEETING

BOROUGH ADMINISTRATION BUILDING

SOLDOTNA, ALASKA

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

MINUTES

A. CALL TO ORDER

B. PLEDGE OF ALLEGIANCE

C. INVOCATION

Pastor Alan Humphries, Church of God, Soldotna gave the invocation.

D. ROLL CALL

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

Absent: Glick and Anderson (Excused)

E. VACANCY, DESIGNATION OR SEATING OF  ASSEMBLY MEMBERS

There were none.

F. APPROVAL OF MINUTES

1) Regular Meeting of March 5, 1991

2) Board of Adjustment - March 5, 1991

The minutes of the Regular Assembly were approved by unanimous consent with one correction on page 11, following the Nash motion, "Mr. Sewell asked if the $5,000 is going to be allocated immediately automatically."

The Board of Adjustment minutes were approved by unanimous consent.

G. COMMITTEE REPORTS

G-1 Finance

Chairman Sewall reported that the Finance Committee had four members present. By request of the Committee, Resolution 91-27 will be brought forth at the next meeting.

G-2 Legislative

Chairman McLane reported that the Legislative Committee discussed the following:

1. The legislative report received from Marla Huss

2. School funding bill

3. SB2 dealing with garbage hauling deregulation. It is anticipated that the Legislative Committee will have a resolution supporting full deregulation to present to the assembly at the next meeting.

G-3 Local Affairs/Lands

Chairman Brown reported that the Local Affairs/Lands Committee had a quorum.

1. Ordinance 91-9 was discussed at length.

2. The next regularly scheduled meeting of the Land Use Committee will be April 9th at 7:00 P.M.

G-4 Public Works/Education

Chairman Moock reported that the Public Works Committee discussed the following:

1. Agenda items

2. Information from the previous School Board meeting. No action was taken.

G-5 Data Processing

Mr. Hodgins reported that the A-6 computer system is in operation. The A-9 will be removed by Maintenance.

G-6 Cook Inlet Regional Citizens Advisory Council

Mr. Brown reported that the Council is close to signing an agreement with CISPRI. The Council will be advertising for the position of executive director soon.

H. REPORTS OF COMMISSIONS AND COUNCILS

There were none.

I. AGENDA APPROVAL AND CONSENT AGENDA

Chairman Sewall reported that the Finance Committee recommended that Ordinance 91-13 be placed on the Consent Agenda for introduction purposes with a hearing date of 4/16/91.

President Skogstad added a presentation by Keith Ebbert of Cooper Landing under item U.

Assemblymember Brown requested that Ordinance 91-14 be moved forward on the agenda due to the number of people present to testify. President Skogstad moved Ordinance 91-14 immediately prior to Item L. Mr. Nash requested that all introductions of ordinances be under the Consent Agenda unless removed by someone.

Chairman Moock, reporting for Public Works/Education Committee, objected to placing Ordinance 91-12 on the Consent Agenda based on a unanimous "do not introduce." President Skogstad stated that Ordinance 91-12 will remain under Item O.

Mayor Gilman asked that Resolution 91-28 be moved to Item M-1.

The Consent Agenda now reads:

1. Resolution 91-33: "Amending the Allocation of Grant Funds Provided in Resolution 87-97 by Transferring $4,667.41 from Skyline Drive to Ciechanski Road" (Mayor)

2. Resolution 91-34: "Awarding a Contract for Design Services for the Proposed Kalifornsky Beach Fire Station" (Mayor)

3. Appointment to Central Kenai Peninsula Hospital Service Area Board

William J. Simpson

4. Ordinance 91-13: "Establishing a Central Services Department of the Kenai Peninsula Borough " (Mayor) (Set for 4/16/91 Hearing)

5. Ordinance 91-14: "Amending KPB 5.22 to Allow Funding for Services to Senior Citizens within a Particular Precinct to be Allocated to the Organization Servicing Seniors in that Precinct if More than One Organization Provides Services in the Precinct" (Glick) (Set for 4/16/91)

Chairman Sewall reported that the Finance Committee unanimously recommended approval of Resolution 91-33 and 91-34 and introduction of Ordinances 91-13 and 91-14. Mr. Sewall reported that Mr. Nash stated a conflict of interest on Ordinance 91-14 due to a client relationship.

Chairman Moock reported that the Public Works Committee had a unanimous "do pass" on Resolution 91-33, 91-34, and 3 votes to introduce and 2 no recommendation on Ordinance 91-13.

President Skogstad called for public comments.

Mr. Bert Johnson, Box 995, Kenai. Mr. Johnson stated that the Kenai Senior Center runs a bus as far as Bishop Creek in Nikiski and takes seniors to the Center for lunch and then out shopping. He felt that even though this service is offered by Kenai, the Nikiski seniors should not be regarded as part of Kenai. He complimented the Kenai Senior Center but felt it was too far for the Nikiski Seniors to drive.

Mr. John Kistler, Mile 9, K-Beach Rd. Regarding Resolution 91-34, Mr. Kistler asked where the new building was proposed to be located.

Chief Greg Barclay, K-Beach Fire Service Area. Chief Barclay answered that the K-Beach Board of Directors has been working for some time on a state grant which included design and construction of a building. There are funds remaining which the Board has decided to expend on the construction of a building. The Board is still looking for available land for the building.

Assemblymember Moock asked if the plans for the building would work on other land, if the site currently under consideration is not available. Chief Barclay answered yes, noting that the soil in that area is fairly consistent.

President Skogstad closed public comment and restated the consent agenda. There were no objections to the consent agenda.

J. ITEMS NOT COMPLETED FROM PRIOR AGENDA

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

ASSEMBLYMEMBER SUPERMAN MOVED FOR THE ADOPTION OF RESOLUTION 91-32.

Chairman Brown, reported the Local Affairs/Lands Committee voted unanimously "do pass" Resolution 91-32.

Mr. Seymour Mills, Box 51, Sterling. Mr. Mills referred to the Northwest Ordinance of 1787 which states that whenever a state reaches a population of 60,000 it shall be admitted by its delegates into the Congress on an equal footing with the original states in every respect. Mr. Mills felt that this insult from the President should be met with a strong reply.

President Skogstad closed public comments.

UNANIMOUS CONSENT OF RESOLUTION 91-32 WAS REQUESTED.

RESOLUTION 91-32 WAS ADOPTED BY UNANIMOUS CONSENT.

K. MOTIONS TO RECONSIDER

There were none.

L. ORDINANCE HEARINGS

L-1 Ordinance 91-8: "Authorizing the Disposal of Lands Selected by the Borough Pursuant to AS 38.05.810(a) to Hope/Sunrise Historical Society" (Skogstad)

ASSEMBLYMEMBER SEWALL MOVED FOR THE ENACTMENT OF ORDINANCE 91-8.

The Local Affairs/Lands Committee Chairman, Mr. Brown, stated the his committee voted a unanimous "do pass."

President Skogstad called for public comments. There were none.

UNANIMOUS CONSENT WAS REQUESTED.

Assemblymember Mark Hodgins asked what happens to the land should the Historical Society stop functioning. President Skogstad replied that a reversion clause in the title dealt with this issue, and the land would revert back to the Borough.

ORDINANCE 91-8 WAS ENACTED BY UNANIMOUS CONSENT.

L-2 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)

ASSEMBLYMEMBER BROWN MOVED FOR THE ENACTMENT OF ORDINANCE 91-9.

Chairperson Brown stated that the Local Affairs/Lands Committee

discussed at length Ordinance 91-9 and, because of their concerns, would like to postpone the hearing until the April 16th assembly meeting.

President Skogstad called for public comment.

Mr. Jack Hetherton, Mile 1.4 Spur Road, Ridgeway. Mr. Hetherton expressed concern over lands being leased for use as cemeteries. His concern was that the Borough not end up being in the cemetery business, should a lessee back out.

Seymour Mills, Box 51, Sterling. Mr. Mills spoke against Ordinance 91-9.

President Skogstad closed public comment.

Assemblymember McLane requested clarification from Chairman Brown regarding the reason the Local Affairs/Lands Committee wished to postpone Ordinance 91-9. Chairman Brown responded that the Local Affairs/Lands Committee would review the ordinance on April 2, and would schedule a special committee hearing between April 2 and April 16, should it be necessary.

Mr. Dick Troeger, Planning Director, noted that postponement would allow time for the Planning Commission to make a recommendation on Ordinance 91-9.

ASSEMBLYMEMBER BROWN MOVED TO POSTPONE ORDINANCE 91-9 UNTIL APRIL 16, 1991.

UNANIMOUS CONSENT WAS REQUESTED.

ORDINANCE 91-9 WAS POSTPONED BY UNANIMOUS CONSENT.

M. CONSIDERATION OF RESOLUTIONS

M-1 Resolution 91-28: "Authorizing the Award of a Contract to Don Chemical Company, Inc., D/B/A Alaska Mill & Feed, for Fertilizer and Lime to be Used for the 1991 Summer Landscape Maintenance of Various Schools and Borough Facilities" (Mayor)

ASSEMBLYMEMBER SEWELL MOVED FOR THE ENACTMENT OF RESOLUTION 91-28

Chairperson Moock reported the Public Works/Education Committee submitted a unanimous "do adopt" on Resolution 91-28.

President Skogstad called for public comments, there were none.

Chairman Sewell noted that the Finance Committee recommended unanimous "do adopt" Resolution 91-28.

UNANIMOUS CONSENT WAS REQUESTED.

RESOLUTION 91-28 WAS ADOPTED BY UNANIMOUS CONSENT.

M-2 Resolution 91-35: "Transferring $40,000 from the Public Works, Solid Waste, Refuse Hauling Account to the Legal Department Contract Services Account to Handle Appeals and Enforcement Actions Related to KPB 21.12 Decisions" (Mayor)

ASSEMBLYMEMBER MOOCK MOVED FOR THE ADOPTION OF RESOLUTION 91-35.

Chairperson Moock reported that Public Works/Education voted "do pass" unanimously. Review of their budget indicated that funds appear to be high and they are able to transfer funds.

Chairperson Sewall reported that the Finance Committee did not come to a recommendation. It was noted that funds are available.

President Skogstad called for public comments, there were none.

Discussion followed regarding the decision of the Board of Adjustment to overturn the decision of the Planning Commission for relocation of contaminated soil from the Sterling Tesoro Service Station. Attorney Boedeker also briefly explained the timeframe and costs involved in the litigation process.

ASSEMBLYMEMBER McLANE MOVED TO POSTPONE RESOLUTION 91-35 UNTIL THE MEETING OF APRIL 2ND

ASSEMBLYMEMBER NASH MOVED TO AMEND THE MOTION TO POSTPONE RESOLUTION 91-35 UNTIL DETERMINATION ON RESOLUTION 91-36

Assemblymember Superman spoke against postponement.

ASSEMBLYMEMBER NASH WITHDREW HIS AMENDMENT

THE McLANE AMENDMENT TO POSTPONE RESOLUTION 91-35 TO APRIL 2, 1991 PASSED BY A VOTE OF 10 YES, 4 NO.

YES: Sewell, McLane, Keene, Moock, Brown, Poindexter, Skogstad, Little, Nash, Delacee

NO: Superman, O'Connell, Hodgins, Walli

M-3 Resolution 91-36: "Authorizing the Relocation of Contaminated Soils Generated from the Removal of Underground Storage Tanks at Borough-owned Facilities and the Cook's Tesoro Cleanup Site to the Soldotna and Homer Landfill Sites for Storage and Treatment of the Soil until Final Disposal" (Mayor)

ASSEMBLYMEMBER MOOCK MOVED FOR THE ADOPTION OF RESOLUTION 91-36

Chairperson Moock reported that Public Works/Education had a unanimous "do pass."

President Skogstad called for public comments.

Pamela Hansen, Box 1944, Soldotna. Mrs. Hansen expressed her concern about the contaminated soils being dumped in the Soldotna Landfill and spoke against Resolution 91-36.

Barbara Waters, 311 Kulila, Kenai. Ms. Waters asked the Assembly to consider past public comments regarding moving contaminated soil from outlying areas. She asked what modes of transportation were being considered, what assurances the people along the routes have against possible accidents, where in the land fills will the soil be placed, will the public have access, and is there a plan for treatment.

Richard Herrick, Box 536, Soldotna. Mr. Herrick stated that he was in the landfill buyout area, and received a buyout offer which he felt was low and unrealistic.

John Kistler, Mile 9, K-Beach. Mr. Kistler asked who would be paying for the storage containers for these contaminants, the transportation and construction, and is there a responsible plan for storage in the future. Mr. Kistler requested postponement.

Pat Garoutte, Chairperson, Public Awareness Committee for the Environment. Ms. Garoutte recommended a long range plan for management of petroleum contaminated soils which would anticipate future needs.

President Skogstad closed public comment.

Assemblymember McLane asked for more details on funding for the various steps involved in the storage of contaminated soils. Mr. McLane also asked for further discussion of the actual site location setbacks, monitor wells, etc. which are associated with this project but are not contained in the actual resolution.

Discussion followed concerning requirements of cells, separate containers, methods for treatment, cost of transporting within the Borough, and specifications for transport, i.e. lined truck beds. Mayor Gilman noted that all of these costs would be paid for by the Borough. Storage of material coming from Cook's Tesoro will be the financial responsibility of DEC.

Cathy Mayer of the Public Works Department spoke regarding the location that has been chosen at the Soldotna landfill. The pad proposed would not incur an extra cost. Several monitor wells nearby are monitored on a quarterly basis and have shown no contamination. Monitoring for hydrocarbons will continue. The water depth at the area is approximately 100 feet. The Homer site is approximately 1,000 ft. from the nearest resident and also has nearby monitor wells. The site proposed would accommodate Borough and State soils. The cells are sealed and lined. Two years is the maximum storage time frame for any materials.

Mayor Gilman said that approximately 600 acres would be available for storage and that the acreage is well suited for contaminated soil storage and treatment.

Assemblymember Sewell expressed concern that a plan be in effect to make sure actual hazardous materials such as PCBs do not end up being stored there. Mayor Gilman stated that materials to be stored will have to be tested and samples will be taken. Emphasis will be placed on making sure only hydrocarbon materials are stored there.

Ms. Mayer told the assembly the area could be prepared for soil storage by the first part of June.

Assemblymember Little asked for an estimate of the cost to the Borough for transferring Borough contaminated soils and establishing containment cells on Borough property.

Ms. Mayer commented on estimated cost. Transportation of soil from Kenai Elementary and Moose Pass Elementary and development of the cell is estimated to be $16,000. The Homer balefill storage cell development would be an approximate cost of $10,800 and transportation would be another $10,000. It is hoped that soils in Seldovia will be treated in Seldovia. Mayor Gilman noted these funds were appropriated in the 1991 Solid Waste Budget.

ASSEMBLYMEMBER McLANE MOVED FOR AN AMENDMENT IN SECTION 2 "THAT THE ASSEMBLY AUTHORIZES RELOCATION OF CONTAMINATED SOIL REMOVED DURING THE COOK'S TESORO SITE CLEANUP IN STERLING TO THE SOLDOTNA LANDFILL FOR TEMPORARY STORAGE AND TREATMENT FOR A PERIOD NOT TO EXCEED TWO YEARS. THE ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL BE RESPONSIBLE FOR COMPLIANCE WITH AND FUNDING OF ALL STIPULATIONS CONTAINED WITHIN APPENDIX A OF THEIR LETTER DATED MARCH 15, 1991"

ASSEMBLYMEMBER POINDEXTER MOVED TO AMEND THE McLANE AMENDMENT TO READ "DURING THE COOK'S TESORO SITE CLEANUP IN STERLING TO THE SOLDOTNA LANDFILL BY JUNE 10TH FOR STORAGE AND TREATMENT"

Assemblymember McLane spoke in favor of the Poindexter amendment, but asked Mr. Poindexter to reconsider the date and change it to June 20th. Mr. Poindexter agreed.

THE POINDEXTER AMENDMENT, "DURING THE COOK'S TESORO SITE CLEANUP IN STERLING TO THE SOLDOTNA LANDFILL BY JUNE 20TH FOR STORAGE AND TREATMENT" PASSED BY A VOTE OF 12 YES, 2 NO.

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

NO: Nash, DeLacee

THE McLANE AMENDMENT TO RESOLUTION 91-36 PASSED BY A VOTE OF 12 YES, 2 NO

YES: Sewall, McLane, Superman, Keene, Moock, Brown,

Poindexter, O'Connell, Skogstad, Little, Hodgins, Walli

NO: Nash, DeLacee

Assemblymember Moock expressed concern regarding property owners surrounding the Soldotna landfill. Discussion ensued regarding the fact that negotiations for the buyout of affected landowners surrounding the Soldotna landfill are underway.

ASSEMBLYMEMBER MOOCK MOVED TO POSTPONE RESOLUTION 91-36 UNTIL APRIL 16, 1991

Assemblymember Walli spoke in favor of postponement.

THE MOOCK MOTION TO POSTPONE RESOLUTION 91-36 FAILED BY A VOTE OF 4 YES, 10 NO

YES: Moock, Brown, DeLacee, Walli

NO: Sewall, McLane, Superman, Keene, Poindexter, O'Connell, Skogstad, Little, Nash, Hodgins

Assemblymember O'Connell spoke in opposition to Resolution 91-36.

Assemblymember Skogstad spoke in favor of Resolution 91-36.

ASSEMBLYMAN KEENE MOVED TO AMEND RESOLUTION 91-36 BY REMOVING SECTION TWO AND AMENDING THE TITLE TO CORRESPOND WITH THE DELETION OF SECTION TWO AND THE FIRST WHEREAS

Assemblymember Brown spoke in favor of Resolution 91-36.

THE KEENE AMENDMENT TO RESOLUTION 91-36 FAILED BY A VOTE OF 3 YES, 11 NO

YES: Sewall, Keene, O'Connell

NO: McLane, Superman, Moock, Brown, Poindexter, Skogstad, Little, Nash, DeLacee, Hodgins, Walli

Assemblymembers Superman and Walli spoke against Resolution 91-36.

Assemblymembers Poindexter and Nash spoke in favor of Resolution 91-36.

RESOLUTION 91-36 AS AMENDED WAS ADOPTED BY A VOTE OF 10 YES, 4 NO

YES: Sewall, McLane, Keene, Brown, Poindexter, Skogstad, Little, Nash, DeLacee, Hodgins

NO: Superman, Moock, O'Connell, Walli

M-4 Resolution 91-37: "A Resolution Supporting Oil Spill Responder's Limited Immunity" (Brown)

ASSEMBLYMEMBER BROWN MOVED FOR THE ADOPTION OF RESOLUTION 91-37

Chairman Brown of the Local Affairs/Lands Committee reported the committee is considering a recommendation of postponement, however, Mr. Burden's report under public comment may answer the committee's concerns.

President Skogstad opened the floor for public comment.

Gene Burden, Box 3615, Kenai. Mr. Burden, representing Tesoro Alaska, gave a brief history of emergency responder immunity under Alaska law. Under the Oil Pollution Act of 1990 the spill response contractor is excused from simple negligence and any damages arising from simple negligence of that spill responder becomes the liability of the spiller. That rationale has been adopted by a number of states. Under Alaska law the spiller, the owner of the oil and operator of the vessel are strictly liable for damages. HB 196 before the Alaska House of Representatives would extend simple negligence immunity to the spill responder. Mr. Burden urged the Assembly to pass Resolution 91-37 and forward a copy to the House Resources Committee, Chair, Staff, and the Senate Resources Committee.

President Skogstad closed public comment.

Assemblymember Brown spoke in favor of Resolution 91-37.

ASSEMBLYMEMBER MOOCK MOVED TO AMEND RESOLUTION 91-37 TO STRIKE ALL OF SECTION 3

Assemblymember McLane spoke against the Moock amendment.

THE MOOCK AMENDMENT TO RESOLUTION 91-37 FAILED BY A VOTE OF 5 YES, 9 NO

YES: Sewall, Superman, Moock, Poindexter, O'Connell

NO: McLane, Keene, Brown, Skogstad, Little, Nash, DeLacee, Hodgins, Walli

ASSEMBLYMEMBER McLANE MOVED TO AMEND RESOLUTION 91-37, SECTION 3, TO READ "THAT WHILE LIMITATIONS ARE ON IMMUNITY"

UNANIMOUS CONSENT TO THE McLANE AMENDMENT WAS REQUESTED

THE McLANE AMENDMENT TO RESOLUTION 91-37 WAS ADOPTED BY UNANIMOUS CONSENT

ASSEMBLYMEMBER SUPERMAN MOVED TO POSTPONE RESOLUTION 91-37 UNTIL APRIL 2, 1991

President Skogstad stated that the 11:30 p.m. deadline had been exceeded negating a need for a postponement vote. Resolution 91-37 as amended will be on the agenda for the meeting of April 2, 1991 under Items Not Completed From Previous Agenda, along with the introduction of Ordinance 91-12.

N. RIGHT-OF-WAY VACATIONS

None

O. INTRODUCTION OF ORDINANCES NOT ON  CONSENT AGENDA

Ordinance 91-12 will be on the agenda of April 2, 1991.

P. ADDITION OF LATE ITEMS

None

Q. PENDING LEGISLATION

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

Q-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)

Q-2 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)

Q-3 Resolution 91-29: "Delegating Responsibility for Administration and Operation of Road Service Areas to the Road Service Area Boards" (Mayor)(Postponed to 4/2/91)

Q-4 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)

Q-5 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) (Tabled)

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

Keith Ebbert, Mile 45, Cooper Landing. Mr. Ebbert recently foreclosed on the Sunrise Inn and re-opened in January. He stated that in the process of applying for the liquor license, he was informed that he would need to pay the sales tax owed by the former owner. Because of the protest registered by the Borough, Mr. Ebbert was not able to open the bar, incurring financial stress. Mr. Ebbert said if he had known he would be unable to open the bar, he would not have chosen to open the restaurant.

Assemblymember DeLacee asked Mr. Ebbert what information the ABC Board gave him when he made his initial application for a transfer. Mr. Ebbert said no information was given to him indicating that he should check the property's status with the Borough.

Attorney Boedeker explained that under the Borough code the Borough will protest a transfer if there are any taxes owed by the transferor or the person to whom it is to be transferred. In this case the taxes are owed by the transferring party.

President Skogstad has asked Attorney Boedeker to draft an ordinance to give the assembly other options under circumstances such as this.

S. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (5 Minutes)

Barbara Waters, Box 311, Kulila, Kenai. Ms. Waters invited the assembly to be at the Kenai Airport at 4:00 p.m. Saturday to welcome home the Kenai Peninsula's first soldier who served in the Persian Gulf War, Army Specialist Kelly Keith.

John Kistler, Mile 9, Kalifornsky Beach Road. Mr. Kistler commented on the new census figures, questioning their accuracy.

Duane Anderson, Soldotna. Mr. Anderson commented on the DEC involvement at the Soldotna landfill site. He stated that he personally viewed barrels being removed by the DEC, and felt the removal could have been done at a lower cost.

T. MAYOR'S REPORT

Mayor Don Gilman told the Assembly that the current census figures came from the Census Bureau. Recently publicized cases involving native associations and the Borough have set a precedent for taxation of native lands in Alaska. A legal analysis of these results will follow in one of the next assembly meetings. The Commissioner of DEC will be in Soldotna for two days beginning Friday, touring a number of the energy facilities and landfills. An invitation was extended to the public to a reception at Mr. D's in Kenai on Friday.

U. OTHER BUSINESS

None

V. ASSEMBLY AND MAYOR'S COMMENTS

W. INFORMATIONAL MATERIALS AND REPORTS

Y. NOTICE OF NEXT MEETING AND ADJOURNMENT

President Skogstad announced a meeting of the Apportionment Committee at 5:30 p.m., Tuesday, March 26th, to be held at the Borough Building. A school budget work session will be held at 5:30 p.m., Tuesday, April 2nd, prior to the regular assembly meeting. President Skogstad asked Attorney Boedeker for a litigation report regarding current litigation.

The next regular assembly meeting is scheduled for April 2, 1991, at 7:30 p.m. in the Assembly Chambers. President Skogstad adjourned the meeting at 12:02 a.m.