CALL TO ORDER
The Regular Meeting of the Kenai Peninsula Borough Assembly was held August 6, 1991 in the Assembly Chambers of the Borough Administration Building, 144 N. Binkley, Soldotna, Alaska. The meeting was called to order at 7:36 p.m. by Assembly President James Skogstad.
PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was recited by all present, followed by the invocation given by Pastor Phil Edgerly of the Reflection Lake Chapel.
ROLL CALL
There were present:
James Skogstad, Presiding, and
Burt Anderson Jack Brown
Catherine DeLacee Betty Glick
Mark Hodgins Suzanne Little
Sam McLane* Sharon Moock
Al Poindexter Phil Nash
Gary Superman Jonathan Sewall
Marie Walli
*arrived at 7:43 p.m.
comprising a quorum of the Assembly; and
Don Gilman, Borough Mayor
Tom Boedeker, Borough Attorney
Gaye Vaughan, Borough Clerk
Teresa Hudson, Deputy Clerk
ABSENT
Brentley Keene (Excused) Pat O'Connell
VACANCY, DESIGNATION OR SEATING OF ASSEMBLY MEMBERS
The resignation of Patrick O'Connell was accepted by a vote of 10 yes, 4 no.
YES: Sewall, McLane, Anderson, Superman, Poindexter, Skogstad, Little, Nash, DeLacee, Hodgins
NO: Moock, Brown, Glick, Walli
APPROVAL OF MINUTES
Assemblymember Glick moved for approval of the minutes of July 9 and July 23, 1991 as submitted.
Without objection, the minutes of July 9 and July 23, 1991 were approved as submitted.
COMMITTEE REPORTS
Finance Committee Vice Chairman Nash reported that the Finance Committee met without a quorum to hear Mr. George Martin, Communications Alaska, who was objecting to borough policy regarding a sole source provider for telephone service. Mr. Martin will address the Assembly at the next meeting.
Chairman Brown reported that the Local Affairs/Lands Committee met with a quorum and discussed agenda items.
Chairman Moock reported that the Public Works/Education Committee met with a quorum and discussed agenda items.
The Legislative Committee did not meet.
Assemblymember Anderson reported that the Economic Development District met in Seward. Items discussed included tourism, and the proposed tourism council.
Chairman Brown reported that the Lands Committee will have a draft of KPBC Chapter 21.12 soon, and the wrap-up meeting will be August 27th.
REPORTS OF COMMISSIONS AND COUNCILS - None.
AGENDA APPROVAL AND CONSENT AGENDA
Assemblymember Moock asked that "Assembly Travel Reimbursement" be added as the second item under Other Business.
At the request of assemblymembers, the following items were removed from the Consent Agenda and placed in their appropriate position on the agenda:
Resolution 91-92 (Consideration of Resolutions-Item 1)
Ordinance 91-39 (Introduction of Ordinances Not on Consent Agenda-Item 1)
At the request of assemblymembers, the following items were placed on the Consent Agenda:
Resolution 91-93
Resolution 91-100
Consideration of Vacation of Right-of-Way
The following item was withdrawn by the sponsor:
Resolution 91-95: A Resolution Supporting the State of Alaska Reapportionment Plan (Walli)
The Consent Agenda now reads:
Resolution 91-93: A Resolution Authorizing the Purchase of Computer Equipment in the borough Clerk's Office and the Replacement of Computer Equipment in the Assembly Chambers (Skogstad)
Resolution 91-94: Providing for a Ballot Proposition to Authorize the Exercise of Fire and Emergency Medical Powers Within a New Central Emergency Service Area as Established by KPB (Mayor)
Resolution 91-100: Calling for a Special Election on October 1, 1991 for the Purpose of Electing an Assemblymember to District II, Seat D for a One Year Unexpired Term (Skogstad)
Ordinance 91-40: Appropriating $65,700 to the Land Trust Fund for the Continuation of the Cooper Landing Fire Hazard Reduction Grant (Mayor) (Hearing 9/3/91)
Petition to vacate a portion of right-of-way known as King Country Place adjacent to a portion of Lot 9, Larry's Fishing Hole Subdivision (plat 90-42 KRD); also lying between Lots 1, 2, 3, 4 and Tract D-1, M.L. Stewart Homestead Subdivision, King Country Addition (plat 82-78 KRD); AND vacate twenty foot utility easement centered on line common to said Lots 2 and 3; AND vacate ten foot by thirty foot utility easement within said Tract D-1. Proposed plat M.L. Stewart Homestead Subdivision King Country Addition Replat will dedicate King Country Place right-of-way approximately 30 feet easterly of westerly edge of existing right-of-way. Being within Section 18, T5N, R10W, S.M., KRD.
Committee Reports on the Consent Agenda:
Local Affairs/Lands Committee unanimously supported Resolutions 91-93 and 91-94.
President Skogstad called for public comment. There was none.
Assemblymember Glick moved to approve the agenda and consent agenda as amended.
Without objection, the revised agenda and consent agenda were approved unanimously.
ITEMS NOT COMPLETED FROM PRIOR AGENDA - None.
MOTIONS TO RECONSIDER - None.
ORDINANCE HEARINGS
Ordinance 91-18: Consolidation of the Existing Four Road Service Areas into One Road Service Area (Skogstad, McLane, Anderson, Walli)
Assemblymember McLane moved for the enactment of Ordinance 91-18.
The Public Works/Education Committee voted unanimously to move Ordinance 91-18 substitute.
President Skogstad called for public comment.
Jack Hetherton, Mile 1.4 Spur Highway, Soldotna. Mr. Hetherton spoke in favor of the dissolution of the existing road boards and the creation of district boards which would act in an advisory capacity to a borough board, thus providing citizen input.
There being no further comments, President Skogstad closed the public hearing.
Assemblymember Hodgins moved to amend by substitution Ordinance
91-18.
Borough Attorney Tom Boedeker stated that Ordinance 91-18 Substitute contained substantial changes to the original ordinance and, therefore, five days' public notice would be required.
Assemblymember McLane spoke against the Hodgins' amendment.
Assemblymember Moock stated that the intent of the Public Works/Education Committee would be to ask for postponement for further evaluation, should the Hodgins' amendment to Ordinance 91-18 Substitute be approved.
Assemblymember Walli spoke in opposition to the Hodgins' amendment.
President Skogstad passed the gavel to Vice President Glick.
Assemblymember Skogstad spoke against Ordinance 91-18 Substitute.
The gavel was passed back to President Skogstad.
Assemblymember Superman moved to amend Ordinance 91-18 Substitute, deleting Section 1.
The Superman amendment to the Hodgins' amendment passed by a vote of 8 yes, 6 no.
YES: Superman, Moock, Brown, Poindexter, Skogstad, Glick, Little, Nash
NO: Sewall, McLane, Anderson, DeLacee, Hodgins, Walli
Assemblymembers Walli and Anderson spoke against the amended Hodgins' amendment.
President Skogstad passed the gavel to Vice President Glick and then proceeded to speak against the amended Hodgins' amendment. The gavel was passed back to President Skogstad.
The amended Hodgins' amendment, Ordinance 91-18 Substitute, failed by a vote of 6 yes, 8 no.
YES: Superman, Brown, Poindexter, Nash, DeLacee, Hodgins
NO: Sewall, McLane, Anderson, Moock, Skogstad, Glick, Little, Walli
Assemblymember McLane moved to amend Ordinance 91-18, Section 16.41.020, deleting the last sentence and adding the following wording: "The following criteria shall be considered when appointing board members: familiarity with borough roads; financial and budgetary management capability; and expertise in road maintenance and construction. The board shall consist of at least one member from each of the northern, central, eastern and southern regions of the borough and three members at large."
Assemblymembers Nash and Superman spoke against the McLane amendment.
The McLane amendment to Ordinance 91-18 passed by a vote of 8 yes, 6 no.
YES: Sewall, McLane, Anderson, Poindexter, Skogstad, Little, DeLacee, Walli
NO: Superman, Moock, Brown, Glick, Nash, Hodgins
Assemblymember Nash moved to reconsider the McLane amendment at the next meeting.
A brief discussion ensued at which time Borough Attorney Boedeker stated that Mr. Nash's motion to reconsider cannot be set for the next meeting, according to Mason's.
President Skogstad ruled Mr. Nash's motion out of order.
Assemblymember Anderson called for the question on the amended main motion.
President Skogstad ruled that a yes vote would limit debate, a no vote would allow debate to continue.
The Anderson motion to limit debate passed by a vote of 9 yes, 5 no.
YES: McLane, Anderson, Moock, Poindexter, Skogstad, Little, DeLacee, Hodgins, Walli
NO: Sewall, Superman, Brown, Glick, Nash
Ordinance 91-18 as amended was enacted by a vote of 10 yes, 4 no.
YES: Sewall, McLane, Anderson, Moock, Poindexter, Skogstad, Glick, Little, DeLacee Walli
NO: Superman, Brown, Nash, Hodgins
Assemblymember Superman gave notice of reconsideration of Ordinance 91-18.
Ordinance 91-27: Amending the Borough Election Code to Authorize Mail-In Ballots for Special Elections (Hodgins)
Assemblymember Hodgins moved for the enactment of Ordinance 91-27.
President Skogstad called for public comment. There was none.
Unanimous consent was requested.
Without objection, Ordinance 91-27 was enacted unanimously.
Ordinance 91-33: Amending Chapter 20.16 to Require the State of Alaska Department of Environmental Conservation Approval Certificates on Final Subdivision Plats (Skogstad)
Assemblymember Glick moved for the enactment of Ordinance 91-33.
Chairman Brown reported that the Local Affairs/Lands Committee voted against Ordinance 91-33 by a vote of 2 yes, 3 no, 1 abstention.
President Skogstad called for public comment.
Those speaking against Ordinance 91-33 were:
Cliff Baker, Mile 104, Sterling Highway
Henning Johnson, Surveyor, Clam Gulch
Debra Horne, Kasilof, Planning Commission
Buzz Kyllonen, Anchor Point, Planning Commission
Jerry Anderson, President, Kenai Peninsula Chapter of the Alaska Society of Professional Land Surveyors
Seymour Mills, Sterling
Speaking in favor of Ordinance 91-33 were:
Les Bucholz, Department of Environmental Conservation
Brett Tustoven, Assistant Attorney General
A question and answer period ensued regarding DEC compliance with the 30 day review process, funding for required tests, added costs to the developer/consumer, the phasing out of on-site approval certificates, and local governmental control.
There being no further comments, President Skogstad closed the public hearing.
Assemblymembers McLane, Little, DeLacee and Sewall spoke in favor of Ordinance 91-33.
Assemblymembers Superman, Poindexter and Walli spoke in opposition to Ordinance 91-33.
Assemblymember Brown moved to postpone Ordinance 91-33 with referral to a committee.
The Brown motion to postpone failed by a vote of 7 yes, 7 no.
YES: Superman, Brown, Poindexter, Glick, Nash, DeLacee, Walli
NO: Sewall, McLane, Anderson, Moock, Skogstad, Little, Hodgins
Assemblymember Nash spoke against Ordinance 91-33.
Ordinance 91-33 failed by a vote of 6 yes, 8 no.
YES: Sewall, McLane, Moock, Skogstad, Little, DeLacee
NO: Anderson, Superman, Brown, Poindexter, Glick, Nash, Hodgins, Walli
Assemblymember Superman moved to suspend the rules to consider Other Business, Assembly Consideration to Sit as Board of Equalization.
Assemblymember Walli spoke against the Superman motion.
The Superman motion failed by a vote of 9 yes, 5 no.
YES: Sewall, McLane, Anderson, Superman, Brown, Poindexter, Skogstad, Nash, Hodgins
NO: Moock, Glick, Little, DeLacee, Walli
Assemblymember Brown moved to suspend the rules to consider Ordinance 91-36.
Unanimous consent was requested. There was objection.
The Brown motion failed by a vote of 9 yes, 5 no.
YES: Sewall, McLane, Anderson, Superman, Brown, Poindexter, Skogstad, Nash, Hodgins
NO: Moock, Glick, Little, DeLacee, Walli
Ordinance 91-34: Adopting the Kenai Peninsula Borough Reapportionment Plan and Placing Reapportionment Plans Before Borough Voters for Adoption" (Skogstad)
Assemblymember Glick moved for the enactment of Ordinance 91-34.
The Local Affairs/Lands Committee supported Ordinance 91-34 Substitute by a vote of 4-2.
President Skogstad called for public comment.
Dave Carey, Ridgeway, spoke against Ordinance 91-34.
Jack Hetherton, Spur Highway, spoke in favor of Ordinance 91-34.
There being no further comments, President Skogstad closed the public hearing.
Assemblymember Superman moved to amend Ordinance 91-34 by Substitution.
Assemblymember Hodgins spoke against the Superman amendment.
Assemblymember Brown spoke in favor of Ordinance 91-34 Substitute.
Assemblymember Glick moved to suspend the rules to approve a Notice of Assembly Vacancy, District II, Seat D
Assemblymember Glick explained that this must be done tonight in order to meet advertising requirements.
Without objection, the Glick motion to suspend the rules passed unanimously.
Assemblymember Glick moved to approve the Notice of Vacancy advertisement as prepared by the Borough Clerk.
Unanimous consent was requested.
Without objection, the Glick motion passed unanimously.
President Skogstad instructed Gaye Vaughan, Borough Clerk, to publish the notice.
The Superman motion to amend to Ordinance 91-34 Substitute is on the floor.
Assemblymembers Moock, Poindexter and Walli spoke against Ordinance 91-34 Substitute.
Assemblymember Anderson spoke in favor of Ordinance 91-34 Substitute.
At this time the 11:30 p.m. legislative deadline was reached.
(Assemblymember McLane left at 11:30 p.m.)
The following items were carried over and will appear under "Items Not Completed From Prior Agenda" on August 20, 1991:
Ordinance 91-34: Adopting the Kenai Peninsula Borough Reapportionment Plan and Placing Reapportionment Plans Before Borough Voters for Adoption" (Skogstad)
Ordinance 91-36: Classifying Borough Lands for Disposal and Authorizing the Mayor to Negotiate Conveyance as Partial Consideration in the Purchase of the Soldotna Landfill Buffer Properties (Mayor)
Resolution 91-92: Declaring a Ninety (90) Day Moritorium on Acceptance and Consideration of Applications to Purchase or Lease Borough Owned Property To Allow Completion and Adoption of a New Land Management Ordinance (Mayor at request of Planning Commission)
Ordinance 91-39: Authorizing the Receipt of Various Grants from the State of Alaska, Department of Administration, and Appropriating $3,893,000 to Project Accounts (Mayor) (Hearing 9/17/91)
PENDING LEGISLATION
(This item lists legislation which will be addressed at a later time as noted)
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) (Postponed to 9/17/91)
Ordinance 91-22: Amending Chapter 22.40 of the Borough Code to Add a Provision for Clarifying Procedures for Reconsideration of Assembly Actions (Policies & Procedures Committee) (Postponed to 8/20/91)
Ordinance 91-29: Authorizing the Sale of Borough Lands Described as Tract A Fishermen Roads Subdivision to William J. Nelson (Mayor) (Postponed to 8/20/91)
Ordinance 91-37: Amending the Borough Election Code by Authorizing Absentee Voting by Telefax (Hodgins) (Hearing 8/20/91)
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)
Resolution 91-87: Classifying Borough Lands Located Within Section 36, T8N, R12W, S.M., Alaska as Retained Lands to be Used for Education Purposes and Nature Trails (Mayor) (Postponed to 8/20/91)
FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (10 Minutes)
1. Road Problem - Panoramic Dr. - Sanne Seggerman
Ms. Seggerman described the road she lives on as being a shortcut to Morgan's Landing State Park. During the summertime this creates a high degree of traffic on a road which is occupied by families with young children. The road is not maintained well enough for the amount of traffic it receives. Ms. Seggerman asked the Assembly to assist in whatever way possible.
President Skogstad requested that Public Works get traffic counts
on the road and then try to get it on the road program system.
PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (5 Minutes)
Dave Carey expressed his concern relating to expenditures by the Assembly for travel. Mr. Carey read from a written statement, a copy of which he then gave to the Borough Clerk.
MAYOR'S REPORT - contained in packet.
ASSEMBLY AND MAYOR'S COMMENTS
Assemblymember Brown announced a CIRCAC meeting to be held on Saturday, August 10, 1991. Mr. Brown asked President Skogstad to select a replacement for him as he will be unable to attend.
Assemblymember Hodgins stated he will place two resolutions in the next packet, Resolution 91-99 which was given to the Assembly as a draft this evening, and a resolution putting a ballot issue before the public regarding the assumption of non-areawide powers.
Assemblymember DeLacee requested an excused absence for the meeting of August 20, 1991 as she will be out of state. Ms. DeLacee thanked Mr. O'Connell for all his years of service to this borough and wished him well in his endeavors.
Assemblymember Nash said the Policies and Procedures Committee will not have a quorum for their August meeting, which will mean the committee will not be able to meet again until September.
Assemblymember Glick spoke of the purpose for parliamentary procedure. She went on to state that road service is a borough-wide issue, and there are times when issues must be looked at for how they will affect us on a borough-wide basis. Every vote the Assembly makes affects everybody in this borough either positively or negatively. The Assembly must consider what is in the best interests of the constituency.
President Skogstad stated that a date will be announced for a Policies and Procedures Committee meeting to be held before August 20th.
Mayor Gilman apologized for allowing a request for public information coming from an individual assemblymember at the last meeting. He stated that if a private citizen has to pay for that information, then so should the individual assemblymember making the same request. There would be no charge if a majority of the Assembly asked for the information, as it would then be a report to the Assembly. Mayor Gilman noted that 43 hours of borough employee time was put into compiling the information.
NOTICE OF NEXT MEETING AND ADJOURNMENT
The next meeting is scheduled for August 20, 1991. The meeting of August 6, 1991 adjourned at 12:00 a.m.
Date Approved
James W. Skogstad, Assembly President
ATTEST:
Gaye J. Vaughan, Borough Clerk