REGULAR ASSEMBLY MEETING

BOROUGH ADMINISTRATION BUILDING

SOLDOTNA, ALASKA

April 2, 1991 - 7:30 P.M.

MINUTES

A. CALL TO ORDER

B. PLEDGE OF ALLEGIANCE

C. INVOCATION

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

D. ROLL CALL

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

ABSENT: McLane (Mr. McLane was delayed due to weather and will arrive late, weather permitting)

E. VACANCY, DESIGNATION OR SEATING OF  ASSEMBLY MEMBERS

There were none.

F. APPROVAL OF MINUTES

1. Minutes of Regular Assembly Meeting 3/19/91

(Minutes will be available at the next meeting)

G. COMMITTEE REPORTS

1. Finance

Chairman Sewall reported that the Finance Committee held an abbreviated meeting and had discussed all agenda items.

2. Legislative

Vice Chairman Glick reported that they had a quorum for their meeting. Ms. Huss presented an update of legislative activity as follows. Also discussed in the committee meeting was HB 196, Limited Liability for Oil Spill Responders, HB 83 and SB 148 which address the Kachemak Bay state park buyout, and HB 168 regarding charitable gaming. SB 2, deregulation of haulers, was referred to the Local/Affairs Lands Committee Chair.

3. Local Affairs/Lands

Chairman Brown reported the agenda items were discussed with the exception of a potential position that the committee may want to take on SB 2.

4. Public Works/Education

Chairman Moock reported that Public Works/Education met and dealt with agenda items with the exception of the Seward landfill site.

5. Other Committees

Chairman Nash of Policies/Procedures noted that a motion will be made this evening to authorize the Borough Clerk to purchase 20 copies of the new Mason's Manual so that they will be available on May 8th.

Mr. Sewell announced that the Health Committee was scheduled to meet today at 6:00 but was postponed due to a work session with the school district. A new time will be announced.

Mr. Brown announced that the CIRCAC council will meet April 8th, 1991 in Kenai.

Mr. Skogstad announced that the Apportionment Committee

met last Tuesday in Conference Room B with a presentation by Tom Boedeker regarding legal requirements for reapportionment. Planning for reapportionment was delayed due to the unavailability of the census count. A meeting will be held following receipt from the State of population figures. It is anticipated the next meeting will be sometime in mid-April. Date and time will be announced.

H. REPORTS OF COMMISSIONS AND COUNCILS

KPB School District FY 1991-92 Budget. Marilyn Dimmick, KPB School Board member, presented the Kenai Peninsula School District's FY 1991-92 Budget. Ms. Dimmick stated that even though the budget is larger than last year's, existing programs will not be able to be maintained nor will the teacher/pupil ratio. Ms. Dimmick cited various reasons for the school district's serious concern for the fiscal note, as was presented at the work session held earlier in the evening.

A special thank you was extended to Sharon Moock for her participation. Ms. Dimmick assured the Assembly that she and her staff would be happy to answer any questions.

President Skogstad stated that action by resolution will be taken on the school budget by April 30th.

Prince William Sound Regional Citizens Advisory Council. Mr. Frank Mullen, representing Prince William Sound Regional Citizens Advisory Council, reported that the Assembly will be required to appoint a new representative for the council. The Council has focused on prevention of and response to oil spills. Mr. Mullen spoke briefly of some of the accomplishments of the council thus far.

President Skogstad extended his appreciation to Mr. Mullen for his time and efforts on the council. Mr. Mullen was asked to send a copy of the Prince William Sound Regional Citizens Advisory Council Study to the Borough Clerk for distribution to the Assembly.

I. AGENDA APPROVAL AND CONSENT AGENDA

President Skogstad requested that Item U, Other Business, be moved to follow Item Q.

Mr. Brown asked that the position paper prepared by Marla Huss be placed on the agenda under Item P, Addition of Late Items. Mr. Brown noted the Local Affairs/Lands Committee's recommendation was to keep Ordinance 91-15, and Resolution 91-17 on the Consent Agenda, and asked that Resolution 91-38 be pulled from the Consent Agenda and moved to Item M-4.

Assemblymember Nash asked that the motion to replace the Mason's Manual be placed as Item U-4, Other Business.

The Consent Agenda now reads:

1. Ordinance 91-15: "Accepting a $30,000 Grant from Alaska Department of Environmental Conservation to the Local Emergency Planning Committee for Developing an Oil and Hazardous Substance Emergency Response Plan" (Mayor) (Set for Hearing 5/7/91)

2. Ordinance 91-16: "Amending KPB 22.40.030 to Allow the Use of the Updated Mason's Manual of Legislative Procedure 1989 Edition Revised" (Nash) (Set for Hearing 5/7/91)

3. Ordinance 91-17: "Amending KPB 7.10.020 to Allow Transfer of Liquor Licenses in Foreclosure Proceedings Without Protest" (Skogstad) (Set for Hearing 5/7/91)

4. Resolution 91-39: "Authorizing the Mayor to Award Contracts for Sweeping and Removal of Sand and Gravel from Various School Parking Lots" (Mayor)

5. Resolution 91-40: "Award Contract for Design Services for North Peninsula Recreation Service Area for Pool Renovation/Construction Project" (Mayor)

6. Appointments to Economic Development District Board

- Burt Anderson

- Catherine DeLacee

Assemblymember Nash noted a typographical error on the agenda only, regarding Ordinance 91-16 as introduced by the Policies and Procedures Committee.

Chairman Sewall of the Finance Committee reported that unanimous recommendation of approval or setting for hearing was given on Ordinance 91-15, Ordinance 91-17, Resolution 91-39 and Resolution 91-40.

Chairman Moock reported that Public Works/Education recommended unanimous support of Resolution 91-39 and Resolution 91-40.

President Skogstad called for public comment on the consent agenda. There were none.

President Skogstad noted that the agenda changes included adding Resolution 91-38 as M-4, Consideration of Resolutions; Proposed Position Papers on Senate Bill 2 regarding Garbage Hauling as P-1, Addition of Late Items; and moving U-1, 2, and 3 to immediately follow Q, Pending Legislation. A motion to purchase new Mason's Manuals was added as U-4, Other Business.

J. ITEMS NOT COMPLETED FROM PRIOR AGENDA

1. 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 reported that the Local Affairs/Lands Committee had no recommendation at this time.

President Skogstad called for public comment on Resolution 91-37.

Theo Matthews, Mile 5.3, K-Beach Rd., Kasilof. Mr. Matthews stated that he was speaking on behalf of the United Cook Inlet Drift Association, Kenai Peninsula Fisherman's Association, North Pacific Fisheries Association, United Fishermen of Alaska and Oil Reform Alliance of Alaska. Mr. Matthews stated that the current liability of oil response contractors is not overly burdensome. Mr. Matthews and the organizations he represents feel that the current law is adequate. Mr. Matthews spoke against HB 196 and any resolution speaking to a bill limiting liability.

Assemblyman Brown asked for comments from Mr. Necessary of Tesoro Alaska regarding Tesoro's position on Resolution 91-37.

Mr. Necessary responded that Tesoro is the only small independent company that is working in Prince William Sound and Cook Inlet. He stated that without limited immunity they would be unable to fulfill their contracts for response.

Assemblymember Brown spoke regarding what he had hoped to accomplish with Resolution 91-37, including dealing with the threat to the environment in Cook Inlet without limited immunity for oil spill responders.

Assemblymember Hodgins spoke in favor of Resolution 91-37.

ASSEMBLYMEMBER WALLI MOVED TO POSTPONE RESOLUTION 91-37 TO APRIL 16, 1991

Assemblymembers Sewell, Superman and Brown spoke in favor of postponement.

Assemblymember Nash spoke against postponement.

THE WALLI MOTION TO POSTPONE RESOLUTION 91-37 PASSED BY A VOTE OF 12 YES, 2 NO

YES: Sewall, Anderson, Superman, Keene, Moock, Brown, Skogstad, Glick, Little, Nash, DeLacee, Walli

NO: Poindexter and Hodgins

(Note: Mr. O'Connell was called away briefly.)

President Skogstad asked Attorney Boedeker to present information to the Assembly regarding the Borough's liability as a member of CISPRI prior to consideration of Resolution 91-37.

J-2 Ordinance 91-12: "Amending KPB 21.12 to Provide Written Procedures for Filing Complaints, Holding Hearings Before the Planning Commission, and Conducting Appeals" (Policies & Procedures Comte) (Set for Hearing 5/7/91)

ASSEMBLYMEMBER NASH MOVED TO SET A HEARING DATE OF MAY 7, 1991 ON ORDINANCE 91-12

Mr. Nash also recommended an informational meeting for Tuesday, April 30th to discuss filing fees, time lines for input of interested parties, and how to keep the complaint, hearing and appeal processes efficient, workable and self-explanatory.

Chairman Moock stated that Public Works recommended introduction, requesting a hearing date of August 6, 1991, to allow time for a citizens review committee to work with Policies and Procedures. The goal of that endeavor would be to establish a mechanism for filing a 21.12 which is worded so that the layman can understand it and the timeframes involved are understandable.

President Skogstad called for public comment on Ordinance 91-12.

Jack Hetherton Jr., Mile 1.4 Spur Highway. Mr. Hetherton felt the existing wording on Ordinance 91-12 was ambiguous and the filing fee of $100.00 was excessive. Mr. Hetherton hoped the establishment of a citizens review committee would remedy his concerns.

Seymour Mills, Box 51, Sterling. Mr. Mills spoke against Ordinance 91-12. Mr. Mills stated that seven pages of legal jargon places the average person at an undo disadvantage. He also opposed the timeframe allowed for hearings.

President Skogstad closed public comment.

ASSEMBLYMEMBER MOOCK MOVED TO CHANGE THE HEARING DATE FOR ORDINANCE 91-12 TO AUGUST 6, 1991

Assemblymember Sewell suggested that there would be a full agenda on August 6th should there be a need to set items for the October ballot.

ASSEMBLYMEMBER MOOCK MOVED TO AMEND THE PREVIOUS MOTION, CHANGING THE HEARING DATE FOR ORDINANCE 91-12 TO JULY 16, 1991

Assemblymembers Nash and Little spoke against the Moock amendment.

THE MOOCK MOTION TO AMEND THE HEARING DATE TO JULY 16, 1991 FOR ORDINANCE 91-12 FAILED BY A VOTE OF 3 YES, 11 NO

YES: Moock, Hodgins, Walli

NO: Sewall, Anderson, Superman, Brown, Keene, Poindexter, Skogstad, Glick, Little, Nash, DeLacee

Assemblymember Brown spoke in favor of the Nash motion to set a hearing date of May 7, 1991.

THE NASH MOTION TO SET A HEARING DATE OF MAY 7, 1991 FOR ORDINANCE 91-12 PASSED BY A VOTE OF 13 YES, 1 NO

YES: Sewall, Anderson, Superman, Keene, Moock, Brown, Poindexter, Skogstad, Glick, Little, Nash, DeLacee, Walli

NO: Hodgins

President Skogstad reminded the body that a Planning Commission hearing would be held on April 11, 1991 regarding this ordinance.

K. MOTIONS TO RECONSIDER

L. ORDINANCE HEARINGS

L-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)

ASSEMBLYMEMBER ANDERSON MOVED TO ENACT ORDINANCE 91-7

Chairman Sewell reported that the Finance Committee recommended an amendment to Section 2, and to change the effective date for Ordinance 91-7. The committee also recommended by a 4-1 vote enactment as amended.

President Skogstad called for public comment on Ordinance 91-7.

John Kistler, Mile 91, K-Beach Rd. Mr. Kistler stated his objection to the purchase of vehicles for commissioners at the expense of the taxpayers.

President Skogstad closed public comment.

Mr. Anderson spoke about the driving expenses he incurred when he was a member of the Planning Commission and about the wear and tear on his vehicle.

ASSEMBLYMEMBER NASH MOVED TO AMEND ORDINANCE 91-7 BY STRIKING SECTION 2, STRIKING THE WORDS "IMMEDIATELY UPON ENACTMENT" IN SECTION 3, AND INSERTING THE WORDS "JULY 1, 1991"

THE NASH AMENDMENT TO ORDINANCE 91-7 PASSED BY A VOTE OF 14 YES, 1 NO

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

NO: Poindexter

Assemblymembers Glick, Moock and Walli spoke against Ordinance 91-7.

Assemblymembers Hodgins, Superman and Nash spoke in favor of Ordinance 91-7.

(President Skogstad noted that Mr. McLane had arrived and taken his seat.)

THE BROWN MOTION TO ENACT ORDINANCE 91-7 AS AMENDED PASSED BY A VOTE OF 11 YES, 5 NO

YES: Sewall, McLane, Anderson, Superman, Keene, Poindexter, O'Connell, Skogstad, Little, Nash, Hodgins

NO: Moock, Brown, Glick, DeLacee, Walli

L-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)

ASSEMBLYMEMBER NASH MOVED TO ENACT ORDINANCE 91-11

President Skogstad called for Committee reports on Ordinance 91-11; there being none, the ordinance was opened for public comment.

Jack Hetherton, Mile 1.4 Spur Rd. Mr. Hetherton expressed his support of Ordinance 91-11.

Pat Garoutte, Box 1785, Kenai. Ms. Garoutte suggested using the funds allocated in Ordinance 91-11 for develop a timely payment schedule for big businesses.

John Kistler, Mile 9, K-Beach Road. Mr. Kistler noted that the substitute being laid before the Assembly addresses the concerns he had regarding Ordinance 91-11.

President Skogstad closed public comment.

ASSEMBLYMEMBER NASH MOVED TO AMEND ORDINANCE 91-11 BY REPLACING WITH ORDINANCE 91-11 SUBSTITUTE II

UNANIMOUS CONSENT WAS REQUESTED

ORDINANCE 91-11 SUBSTITUTE II WAS ENACTED BY UNANIMOUS CONSENT

M. CONSIDERATION OF RESOLUTIONS

M-1 Resolution 91-27: "A Resolution of the Kenai Peninsula Borough Assembly Supporting House Bill 83 Relating to the Appropriation of Funds to Purchase Inholdings within the Boundaries of Kachemak Bay State Park" (Reintroduced by Finance Committee)

ASSEMBLYMAN SEWALL MOVED FOR THE ADOPTION OF RESOLUTION 91-27

Chairman Sewall reported that the Finance Committee did not take a vote on this matter but did receive literature concerning the issue.

Vice-Chairman Glick reported that the Legislative Committee did not take a vote. The written report from the legislative liaison stated that SB 148 had first hearing and is now in Senate Resources.

Chairman Brown reported the Local Affairs/Lands Committee recommended 5 to 1 "do pass."

President Skogstad called for public comment on Resolution 91-27.

Brendon Murphy, P.O. Box 597, Homer. Mr. Murphy is a senior at Homer High School. He expressed his interest in maintaining the aesthetic beauty and recreational opportunities of Kachemak Bay State Park. It is a resource which contributes to the economy of the entire Kenai Peninsula. Mr. Murphy urged the Assembly to support Resolution 91-27.

Pat Garoutte, Public Awareness Committee for the Environment. Ms. Garoutte stated that she supported Resolution 91-27 for the preservation of the scenic qualities and pristine nature of the land and marine environment in Kachemak Bay from unnecessary development which might cause irreversible damage.

Molly Brann, Box 1901, Homer. Ms. Brann expressed her desire that the Assembly pass this resolution. She felt that the recreational benefit of land and waters in Alaska are unequalled.

Alan Bute, North Kenai. Mr. Bute asked the Assembly for their support of Resolution 91-27.

George Ripley, Homer. Mr. Ripley expressed his support of Resolution 91-27 and added that Homer does not oppose progress. They are the first port-of-call for ships from Shelikoff Strait and the Dutch Harbor area, have been logging extensively, anticipate the development of chromium mining, and are supportive of the Bradley Lake project. Because of Homer's ideal location tourism cannot be overlooked. Mr. Ripley urged the Assembly to vote favorably on Resolution 91-27.

Jack Hetherton, Mile 1.4, Spur Road. Mr. Hetherton questioned the wording in the resolution regarding no cutting of timber for any reason, particularly as it relates to beetle killed trees and the potential for the spread of beetle kill.

Seymour Mills, Box 51, Sterling. Mr. Mills spoke in opposition to Resolution 91-27. He urged using renewable resources before they rot away. The present beetle problem would not exist if those trees had been cut many years ago.

Duane Anderson, Soldotna. Mr. Anderson reminded the Assembly that trees don't last forever and many of those trees will be susceptible to beetle kill.

President Skogstad closed public comment.

ASSEMBLYMEMBER MOOCK MOVED TO AMEND RESOLUTION 91-27 IN THE SIXTH WHEREAS, TO ADD "COMMERCIAL" AFTER "OF" TO READ "WHEREAS ANY TYPE OF COMMERCIAL TIMBER HARVEST"

UNANIMOUS CONSENT WAS REQUESTED

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

ASSEMBLYMEMBER ANDERSON MOVED TO AMEND SECTION 2 TO REMOVE THE WORDS "TO APPROPRIATE 15.5 MILLION" AND TO ELIMINATE "4.5 MILLION" TO READ "THE KENAI PENINSULA BOROUGH ASSEMBLY URGES THE 1991 ALASKA STATE LEGISLATURE TO PURCHASE LAND FROM THE SELDOVIA NATIVE ASSOCIATION AND PURCHASE TIMBER RIGHTS FROM TIMBER TRADING COMPANY WITHIN THE LEGISLATIVE BOUNDARIES OF KACHEMAK BAY STATE PARK"

UNANIMOUS CONSENT WAS REQUESTED

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

UNANIMOUS CONSENT WAS REQUESTED FOR THE ADOPTION OF REOLUTION 91-27 AS AMENDED; THERE WAS OBJECTION

RESOLUTION 91-27 AS AMENDED PASSED BY A VOTE OF 15 YES, 1 NO

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

NO: O'Connell

M-2 Resolution 91-29: "Delegating Responsibility for Administration and Operation of Road Service Areas to the Road Service Area Boards" (Mayor)(Postponed from 3/5/91)

ASSEMBLYMEMBER GLICK MOVED FOR THE ADOPTION OF RESOLUTION 91-29

Chairman Moock reported that Public Works recommends tabling this resolution.

Chairman Brown reported the Local Affairs/Lands Committee had no recommendation and wanted public input at tonight's meeting.

President Skogstad called for public comment.

Bill McGahan, Daniels Lake, North Kenai. Mr. McGahan stated that he was in favor of the resolution as it stands.

William Phillips, K-Beach Rd. Mr. Phillips, of the Central Peninsula Road Maintenance Board, stated that he is opposed to Resolution 91-29. His concern was that if we separate boards we will also separate the tax base. The industry uses a number of toxic and hazardous chemicals which come into Alaska through Homer, Seward or Anchorage, arriving in Nikiski by truck. All share in the risk of toxic and hazardous chemical spills. Mr. Phillips felt the tax base should be shared as well as the risk.

Ron Johnson, Chairman, North Road Service Area Board, Kenai. Mr. Johnson felt this resolution doesn't have anything to do with money, but rather, with road service area management. Road service area boards operate with grant monies received through the Borough, not from tax dollars.

Alan Bute, North Kenai Road Board. Mr. Bute stated that a large portion of the budget in the past had been spend on administration and fifty percent on roads. He noted that the attempt is to make the road boards run more efficiently and to try to have more monies for road maintenance itself. Mr. Bute urged support of Resolution 91-29.

President Skogstad closed public comment.

ASSEMBLYMEMBER MOOCK MOVED TO TABLE RESOLUTION 91-29

THE MOOCK MOTION TO TABLE PASSED BY A VOTE OF 10 YES, 6 NO

YES: McLane, Anderson, Moock, Poindexter, O'Connell, Glick, Little, DeLacee, Hodgins, Walli

NO: Sewall, Superman, Keene, Brown, Skogstad, Nash

M-3 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) (Postponed from 3/19/91)

ASSEMBLYMEMBER GLICK MOVED FOR THE ADOPTION OF RESOLUTION 91-35

Chairman Moock reported that Public Works had no recommendation at this time.

President Skogstad called for public comment. There was none.

Assemblymember Moock asked Attorney Boedeker if this is still an appropriate transfer. Mr. Boedeker answered yes, noting that the state has been served with an injunction. Mr. Boedeker has retained another attorney to assist the Legal Department, working on preparing the motion. Mr. Boedeker noted that all of this costs money, therefore, Resolution 91-35 is still necessary.

UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.

(President Skogstad noted that Mr. Anderson had asked to be excused due to illness.)

RESOLUTION 91-35 WAS ADOPTED BY A VOTE OF 13 YES, 2 NO

YES: Sewall, Superman, Keene, Moock, Brown, Poindexter, Skogstad, Glick, Little, Nash, DeLacee, Hodgins, Walli

NO: McLane, O'Connell

M-4 Resolution 91-38: "Establishing Procedures for Appointments to Cook Inlet Regional Citizens Advisory Council, Cook Inlet Spill Prevention and Response, Inc. Board and to the Prince William Sound Regional Citizens Advisory Council" (Mayor)

ASSEMBLYMEMBER GLICK MOVED FOR THE ADOPTION OF RESOLUTION 91-38

Chairman Brown reported that the Local Affairs/Lands Committee voted unanimously "do pass."

President Skogstad called for public comment. There was none.

Assemblymember Superman asked Mayor Gilman why he was relinquishing his authority in this resolution. Mayor Gilman said there is a question of who the appointing authority is. No ordinances or state statutes address this. Clarification is needed regarding who is the appointing authority.

Assemblymember Walli asked what the seat term is on these committees. Mayor Gilman answered that it is specified in the by-laws of each citizens advisory committee. Appointment to these committees does not have to be an assemblymember.

UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.

President Skogstad passed the gavel to Vice-President Glick.

ASSEMBLYMEMBER SKOGSTAD MOVED TO AMEND RESOLUTION 91-38, SECTION 1, DELETING THE WORDS "APPLICATIONS AND" IN THE FIRST PORTION OF THE SECOND SENTENCE, REMOVE THE WORD "APPLICANTS" IN THE LAST PORTION OF THE SECOND SENTENCE, AND IN THE LAST SENTENCE REMOVE THE WORDS "APPLICATION AND," THE SECOND AND THIRD SENTENCES TO READ "THE ASSEMBLY SHALL PROVIDE FOR NOMINATION BY ASSEMBLY MEMBERS FOR CONSIDERATION FOR APPOINTMENT FOR VACANCIES IN BOROUGH-APPOINTED SEATS IN THESE ORGANIZATIONS AND THE ASSEMBLY SHALL SELECT THE APPOINTEE FROM THOSE NOMINEES. THE NOMINATION PROCESS SHALL CONFORM TO ANY REQUIREMENTS SET FORTH"

UNANIMOUS CONSENT WAS REQUESTED.

THE AMENDMENT TO RESOLUTION 91-38 PASSED BY UNANIMOUS CONSENT

Vice-President Glick passed the gavel back to President Skogstad.

UNANIMOUS CONSENT WAS REQUESTED ON THE ADOPTION OF RESOLUTION 91-38.

RESOLUTION 91-38 AS AMENDED WAS ADOPTED BY UNANIMOUS CONSENT

N. RIGHT-OF-WAY VACATIONS

O. INTRODUCTION OF ORDINANCES NOT ON  CONSENT AGENDA

P. ADDITION OF LATE ITEMS

"Proposed Position Paper on Deregulation of Waste Collection and Disposal in Regard to Senate Bill 2"

ASSEMBLYMEMBER GLICK MOVED TO APPROVE THE PROPOSED SENATE BILL 2 POSITION PAPER AS PRESENTED

President Skogstad called for public comment. There was none.

Chairman Brown related that the Local Affairs/Lands Committee took no formal position.

Assemblymember Little asked Ms. Marla Huss what the time line is on the Senate's action on this bill. Ms. Huss stated this bill was scheduled for a hearing in the Senate a week ago Friday and was postponed. The need exists to respond in a timely manner to indicate the Assembly's position regarding deregulation of waste collection and disposal.

Mayor Gilman gave a brief history on the Borough's position regarding deregulation. Historically, the Borough's position has been in favor of deregulation of the garbage hauling industry.

Ms. Huss recommended that if the Assembly approves the position paper, they follow up their approval with a resolution.

Assemblymember Sewell spoke in favor of the position paper.

UNANIMOUS CONSENT OF THE GLICK MOTION WAS REQUESTED.

THE GLICK MOTION TO SUPPORT THE PROPOSED SENATE BILL 2 POSITION PAPER PASSED BY UNANIMOUS CONSENT

Assemblymember Sewall requested that Item U be moved to follow Item P on the agenda to accommodate those present from Moose Pass.

There being no objection to the agenda change, President Skogstad moved U-2 to follow P, Introduction of Late Items.

U. OTHER BUSINESS

U-2 Application for New Liquor License - Trail Lake Lodge, Mile 29.5 Seward Highway

ASSEMBLYMEMBER NASH MOVED FOR NON-OBJECTION OF THE APPLICATION FOR A NEW LIQUOR LICENSE - TRAIL LAKE LODGE

UNANIMOUS CONSENT WAS REQUESTED

THE NASH MOTION PASSED BY UNANIMOUS CONSENT

President Skogstad requested that the Borough Clerk write a letter of non-objection to the Alcoholic Beverage Control Board for Trail Lake Lodge - New Liquor License.

U-1 Application for Liquor License Transfer - Location/Name of Business

From: The Pizza Place - Sterling Hwy & North Fork Rd.

To: Teri Ann's Restaurant - Mile Post 156.3, Sterling Hwy.

ASSEMBLYMEMBER GLICK MOVED FOR A REQUEST THAT THE BOROUGH CLERK SEND A LETTER OF NON-OBJECTION TO THE TRANSFER OF THE LIQUOR LICENSE FROM THE PIZZA PLACE TO TERI ANN'S RESTAURANT

UNANIMOUS CONSENT WAS REQUESTED

THE GLICK MOTION PASSED BY UNANIMOUS CONSENT

U-3 Appointment to Regional Citizens Advisory Council

ASSEMBLYMEMBER O'CONNELL NOMINATED ANDREW MACK TO THE REGIONAL CITIZENS ADVISORY COUNCIL

Assemblymember Brown spoke in favor of the nomination.

UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.

Assemblymember Hodgins expressed concern that not enough time was spent in advertising for that vacancy.

THE NOMINATION OF ANDREW MACK TO THE REGIONAL CITIZENS ADVISORY COUNCIL PASSED BY A VOTE OF 13 YES, 1 NO

YES: Sewall, McLane, Moock, Brown, Poindexter, O'Connell, Skogstad, Glick, Little, Nash, DeLacee, Hodgins, Walli

NO: Superman

(President Skogstad noted that Mr. Keene left due to illness.)

U-4 Purchase of 20 copies of the new Mason's Manual of Legislative Procedure, 1989 Edition Revised

ASSEMBLYMEMBER NASH MOVED THAT THE ASSEMBLY AUTHORIZE THE BOROUGH CLERK TO PURCHASE 20 COPIES OF THE MASON'S MANUAL OF LEGISLATIVE PROCEDURE, 1989 EDITION REVISED

Assemblymember Nash reported that the Policies and Procedures Committee is asking the Assembly to authorize the purchase so that the manuals will be available for May 5th.

UNANIMOUS CONSENT WAS REQUESTED.

THE NASH MOTION PASSED BY UNANIMOUS CONSENT

President Skogstad passed the gavel to Vice-President Glick.

Assemblymember Skogstad stated that he intended to change the hearing date of Ordinance 91-17 which was on the Consent Agenda to a shortened hearing date of April 16, 1991.

ASSEMBLYMEMBER SKOGSTAD MOVED TO RESCIND THE ASSEMBLY'S FORMER ACTION ON ORDINANCE 91-17

ASSEMBLYMEMBER SKOGSTAD MOVED TO REMOVE HIS MOTION TO RESCIND

ASSEMBLYMEMBER SKOGSTAD MOVED THAT THE RULES BE SUSPENDED TO TAKE UP THE MATTER OF ORDINANCE 91-17

THE MOTION TO SUSPEND THE RULES PASSED BY UNANIMOUS CONSENT

ASSEMBLYMEMBER SKOGSTAD MOVED TO AMEND THE HEARING DATE FOR ORDINANCE 91-17 TO APRIL 16, 1991

UNANIMOUS CONSENT WAS REQUESTED

THE SKOGSTAD MOTION TO AMEND THE HEARING DATE ON ORDINANCE 91-17 TO APRIL 16, 1991 PASSED BY UNANIMOUS CONSENT

Vice-President Glick passed the gavel to President Skogstad.

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

Jerry Near presented a Kenai Peninsula Borough Health Plan for Assembly consideration. He spoke of ways to improve the Borough's health plan, to encourage networking in areas where local facilities are not adequate, and to help people better understand what insurance really should be. Mr. Near referred to government financed national health care plans contained in a packet given to the Assembly. President Skogstad stated that he would be meeting with Mr. Near to prepare a presentation for the Assembly in the near future.

Q. PENDING LEGISLATION

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

Q-1 Ordinance 91-13: " Establishing a Central Services Department of the Kenai Peninsula Borough " (Mayor) (Set for Hearing 4/16/91)

Q-2 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 Hearing 4/16/91)

Q-3 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) (Postponed to 4/16/91)

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)

S. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (5 Minutes)

John Kistler, Mile 9, K-Beach Rd. Mr. Kistler expressed concern regarding expenses and felt the Borough Assembly should look for ways to cut spending.

Duane Anderson, Soldotna. Mr. Anderson noted a DEC report on the level of lead in his water. Mr. Anderson stated that two state organizations have refused to follow up on the results of toxicity in his well that were verified by testing from another source.

Jack Hetherton, Mile 1.4, Spur Rd. Mr. Hetherton called attention to Joint Resolution 91-01 on page 50 of the packet. He stated that he was in favor of consolidating services, but not as written in the resolution.

T. MAYOR'S REPORT

Mayor Gilman referred to his report as contained in the packet, stating that he had nothing further for the Assembly.

V. ASSEMBLY AND MAYOR'S COMMENTS

President Skogstad reminded assemblymembers to turn in their conflict of interest statements to the Borough Clerk's Office by the close of business on April 15, 1991.

President Skogstad noted that Janet Sumey, past clerk, has resigned. The Clerk's position is being advertised through the 24th of April. President Skogstad stated that he will make a motion at the next meeting to appoint Teresa Hudson, Deputy Clerk, to the position of Acting Clerk, and will be increasing her wages to the level of Ms. Sumey's compensation during her interim as acting clerk.

President Skogstad has met with various senior citizens groups regarding allocation to those groups. A committee comprised of senior citizens will be formed to recommend to the Assembly how they wish boundaries to be allocated.

W. INFORMATIONAL MATERIALS AND REPORTS

W-1 Longmere Lake Community Council

- By-Laws

- Minutes

W-2 Municipal Pollution Prevention Roundtable

Contained in packet.

Y. NOTICE OF NEXT MEETING AND ADJOURNMENT

President Skogstad adjourned the regular Assembly meeting at 12:00 midnight. The next meeting will be April 16th, 1991.