CALL TO ORDER



The Regular Meeting of the Kenai Peninsula Borough Assembly was held September 3, 1991 in the Assembly Chambers of the Borough Administration Building, 144 N. Binkley, Soldotna, Alaska. The meeting was called to order at 7:30 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 Preston McCracken of the Community Wesleyan Church.



ROLL CALL



There were present:

James Skogstad, Presiding, and

Burt Anderson Jack Brown

Betty Glick Mark Hodgins

Suzanne Little Sam McLane

Sharon Moock Al Poindexter

Phil Nash Gary Superman

Brentley Keene Marie Walli

Frank Mullen Catherine DeLacee



comprising a quorum of the Assembly; and



Don Gilman, Borough Mayor

Tom Boedeker, Borough Attorney

Kris Schmidt, Borough Attorney

Gaye Vaughan, Borough Clerk

Teresa Hudson, Deputy Clerk



ABSENT Jonathan Sewall (excused)



VACANCY, DESIGNATION OR SEATING OF ASSEMBLY MEMBERS - None.



APPROVAL OF MINUTES



MOTION: Glick moved for approval of the August 20, 1991 minutes as submitted.



VOTE ON GLICK MOTION:



MOTION PASSED Without objection.



Assembly member Nash stated, for the record, that there was no formal meeting of the Policy and Procedures Committee on August 20. The Chair so noted, but indicated the Assembly did not approve committee minutes.



COMMITTEE REPORTS



Finance Vice Chair Nash reported that the committee had met today at 5:00 PM. They discussed and acted upon the following items from the Pending Legislation Agenda: Ordinance 91-39 (state grants) was unanimously recommended for adoption; Ordinance 91-41 (tax foreclosure lands) was recommended for adoption with a 3 yes, 1 no vote and Ordinance 91-65 (special assessment district) was unanimously opposed, however the committee has recommendations for amendment. Other recommendations will be reported under the appropriate agenda item.



Local Affairs/Lands Committee met at 4:00 PM today with the full committee present. The committee discussed the vacation on tonight's agenda, however makes no recommendation. The committee recommends that Ordinance 91-20 be signed by the President on a majority vote of the committee.



Public Works/Education met at 5:00 PM today. Chairman Moock reported that the committee reviewed a staff status report on all public works projects which is being prepared for the committee monthly.



Lands Committee Chair Brown indicated the committee would meet September 10, 5:00 PM to review a rough draft of the land use ordinance. The committee plans to advance the ordinance to the Planning Commission following review.



REPORTS OF COMMISSIONS AND COUNCILS



Andy Mack, Prince William Sound Regional Citizens Advisory Council provided a progress report regarding the Council's activity. The Council meets on a quarterly basis with interim committee meetings. The majority of Council's time has been spent on House Bill 567, Comprehensive Statewide Oil Spill Regulations. Additionally, the Council has been investigating an overall environmental monitoring program. PWSRCAC recently requested proposals on the feasibility of a "spill co-op." The next meeting is September 19-20 in Cordova.



AGENDA APPROVAL AND CONSENT AGENDA



At the request of Assembly members the following items were removed from the consent agenda and placed in their appropriate position on the agenda:



Resolution 91-107 (Property Tax Penalty Waiver)

Resolution 91-108 (Land Purchase/Roser)

Resolution 91-109 (Land Purchase/Thompson)

Resolution 91-110 (Land Purchase/Allen)

Resolution 91-111 (State Reapportionment)

Resolution 91-112 (Material Testing, Soldotna & Seward Balers)

Resolution 91-113 (High Seas Salmon Interception)

Petition to vacate portion of unnamed right-of-way adjacent to Lots 6, 7 and 8; Hodgson S/D; section 30, T5N, R10W, S.M. AK.



Facts Sheet for 1991 Ballot Propositions was moved from "Other Business" to "Addition of Late Items" and Ordinance 91-20 was added to agenda under "Other Business".



The agenda order of business was adjusted accordingly with the consent agenda now appearing as follows:



RESOLUTION 91-104: Authorizing the Disposal of Forest Resources on Borough Lands in Cooper Landing (Mayor)



Liquor License Transfer Application:

From: E & L Liquor Store To: Trading Bay Package Liquor Store

Leo & Eva H. Gilbert Robert L. & Shirley R. Ekstrom

Mile 28 Spur Highway P.O. Box 820

Nikiski, AK 99635 Tyonek, AK 88571



There was no public testimony regarding the items on the Consent Agenda.



VOTE ON ADOPTION OF AGENDA AND CONSENT AGENDA:



MOTION PASSED Without objection



ITEMS NOT COMPLETED FROM PRIOR AGENDA - None.



MOTIONS TO RECONSIDER - None.



ORDINANCE HEARINGS



ORDINANCE 91-37: An Ordinance Amending the Borough Election Code by Authorizing Absentee Voting by Telefax (Hodgins)



MOTION: Hodgins moved the enactment of Ordinance 91-37.



The President called for public hearing on Ordinance 91-37.



John Kistler, Mile 9, Kalifonsky Beach Road testified in favor of passing ordinance 91-37.



If adopted, the ordinance would not become effective for at least sixty days due to required review by U.S. Department of Justice Department. All local, state and federal election laws and provisions are reviewed at a federal level prior to enactment.



Borough Attorney Boedeker recommended the following changes in response to Assembly member concerns about the ordinance:



*Change "privacy" to "secrecy" in subsection C.



*Add "or an attorney advising the Clerk on legal questions concerning the ballot" to subsection E.



*Change the effective date to "sixty days after receipt of approval from the U. S. Department of Justice."



MOTION: Hodgins moved the suggested changes as amendments to Ordinance 91-37.



VOTE ON HODGINS' AMENDMENT:



MOTION PASSED Unanimous consent without objection.



VOTE ON MOTION TO ENACT AS AMENDED:

Yes: McLane, Keen, Moock, Poindexter, Glick, Little, DeLacee, Hodgins, Walli



No: Anderson, Superman, Brown, Mullen, Skogstad, Nash



MOTION PASSED 9 yes, 6 noes



ORDINANCE 91-40: Appropriating $65,700 to the Land Trust Fund for the Continuation of the Cooper Landing Fire Hazard Reduction Grant (Mayor).



MOTION: Glick moved the adoption of

Ordinance 91-40.



Finance Committee Vice Chairman Nash reported a "do pass".



Presiding Officer Skogstad opened and closed the public hearing, with no public comment being offered.



VOTE ON MOTION TO ENACT:



MOTION PASSED Unanimous consent without objection.



CONSIDERATION OF RESOLUTIONS



RESOLUTION 91-108: Authorizing the Purchase of Land from Charles L. Roser and Anne M. Roser for the Purpose of Establishing a Buffer Zone of Properties Around the Soldotna Landfill Site (Mayor).



MOTION: Brown moved for adoption of

Resolution 91-108.



Local Affairs/Lands Committee Chairman Brown reported a 5 yes, 1 no vote recommending adoption.



President Skogstad called for public hearing.



Charles L. Roser, Box 172, Soldotna residing on ARC Loop Road. The Roser's are thirty three years residents having homesteaded the land. He indicated that this issue of land trade had been under negotiation with the Mayor for a year now.



Pamela Hansen, Box 1944, Soldotna residing on ARC Loop Road. Ms. Hansen stressed the importance of passing this resolution. A buffer zone for the Soldotna landfill has been an issue for many years. Previously, the Borough had indicated intent to move the landfill, but did not. Ms. Hansen told the Assembly the cost of a new road to a new landfill would be similar to the cost for buying out the buffer zone land.



Borough Assessor Wayne Haerer responded to questions about appraisal values and explained the methodology used to establish sales values. Mayor Gilman indicated that the purchase total appears to fall within the appropriation for buffer zone land purchase.



RESOLUTION 91-108 (Continued)



VOTE ON MOTION TO ADOPT:

Yes: McLane, Anderson, Superman, Keene, Moock, Brown, Poindexter, Mullen, Skogstad, Little, DeLacee, Hodgins, Walli



No: Glick, Nash



MOTION PASSED 13 yes, 2 noes



RESOLUTION 91-109: Authorizing the Purchase of Land from Donald B. Thompson and Sue R. Thompson for the Purpose of Establishing a Buffer Zone of Properties Around the Soldotna Landfill Site (Mayor)



MOTION: Moock moved adoption of

Resolution 91-109.



Chairman Brown reported that the Local Affairs/Lands Committee recommends a "do pass" with a 5 yes, 1 no vote.



Presdent Skogstad opened and closed the public hearing with no public comment being offered.



MOTE ON MOTION TO ADOPT:

Yes: McLane, Anderson, Superman, Keene, Moock, Brown, Poindexter, Mullen, Skogstad, Little, Nash, DeLacee, Walli



No: Glick



MOTION PASSED 13 yes, 1 no



(CLERK'S NOTE: Assemblyman Hodgins was out of the Assembly Chamber when votes were cast).



RESOLUTION 91-110: Authorizing the Purchase of Land from William F. Allen for the Purpose of Establishing a Buffer Zone of Properties Around the Soldotna Landfill Site (Mayor).



MOTION: Moock moved for adoption of

Resolution 91-110.



Committee Chair Brown reported the Local Affairs/Lands Committee recommended "do pass;" voting 4 yes, 2 no.

RESOLUTION 91-110 (Continued)



President Skogstad called for public hearing.



Coral Allen, Box 301, Soldotna thanked the Assembly for their support in resolving this issue. Recent hydro-geological studies conducted at the Soldotna landfill determined that the contamination of drinking water from the landfill is headed in the direction of these subject properties. Two shallow wells in the vicinity of the dump are contaminated. Ms. Allen expressed concern for the dump expanding to the buffer zone in the future.



VOTE ON MOTION TO ADOPT:

Yes: McLane, Anderson, Superman, Keene, Moock, Brown, Poindexter, Mullen, Skogstad, Little, Nash, DeLacee, Hodgins, Walli



No: Glick



MOTION ADOPTED 14 yes, 1 no.



RESOLUTION 91-111: Urging the Governor to Apportion the State in Such a Way that Allows the Kenai Peninsula Borough to Remain Intact (Skogstad, Glick, and Walli).



MOTION: Glick moved for adoption of

Resolution 91-111.



President Skogstad called for public hearing.



John Kistler, Mile 9, Kalifonsky Beach Road questioned the issue of residency for Representatives and Senators as justifiable support for this resolution, when in his opinion, it was not valid practiced in the Borough apportionment.



There was general discussion regarding supporting inclusion of the Tyonek and Beluga in the resolution. Tyonek Tribal Chief McCord indicated earlier to Borough Officials that the village prefers to remain in the interior or Yukon-Kuskowkim representative area and had sent a letter to the state to that effect. Mayor Gilman added that the U.S. Justice Department has ruled since the last apportionment stipulating that a predominate minority group can not be placed within a district which is predominately white.



Presiding Officer Skogstad passed the gavel to Vice President Glick, vacating the Chair to offer comment regarding the community of Hope. Mr. Skogstad, through informal polling, understands the majority of the Hope residents desire inclusion with the other Kenai Peninsula Borough communities for state reapportionment consideration.

RESOLUTION 91-111 (Continued)



The gavel was returned to Presiding Officer Skogstad. Assemblymember Walli requested her name be added as a sponsor on this resolution.



VOTE ON MOTION TO ADOPT:



MOTION PASSED Unanimous consent without objection.



Next, the Assembly took up consideration of Resolution 91-106 which had been missed under Resolutions.



RESOLUTION 91-106: Establishing Goals for Tourism Promotion and Providing for the Accomplishment of Those Goals (Mayor).



MOTION: Glick moved the adoption of

Resolution 91-106.



Finance Committee recommended a "do pass" on Resolution 91-106 with a 3 yes, 1 no vote.



The President called for public hearing on Resolution 91-106.



Buzz Kyllonen, Anchor Point urged the Assembly to vote in favor of this resolution.



Eugene Haberman, Anchorage, owner of a monthly southcentral Alaska visitor guide supported the formation of the Kenai Peninsula Tourism Marketing cooperative. He asked, however that appropriated funds not be used in competition with private sector.



John Kistler, Mile 9, Kalifonsky Beach Road asked the Assembly to stay out of private enterprise.



Assemblymember Moock asked for a ruling on conflict on interest since her business is effected by tourism. The Chair ruled she had no conflict.



There was active discussion regarding authorities to exercise tourism authorities. Mayor Gilman and Borough Attorney Boedeker stated that second class boroughs, through economic development powers, were enabled to provide for non-areawide tourism.



The $100,000 appropriated in the FY91 budget has not been earmarked for any specific agency. The Kenai Peninsula Economic Development District is proposing the funds be granted on a 2 to 1 matching program and that the funds be administered through them by the proposed Kenai Peninsula Tourism Marketing Council.



RESOLUTION 91-106 (Continued)



VOTE ON MOTION TO ADOPT:

Yes: McLane, Anderson, Moock, Brown, Poindexter, Skogstad, Glick, Little, Nash, DeLacee, Hodgins, Walli



No: Superman, Keene, Mullen



MOTION PASSED 12 yes, 3 noes



RESOLUTION 91-107: Requesting Waiver of Penalty on Property Tax (Glick).



MOTION: Glick moved adoption of Resolution 91-107.



Vice Chair Nash, Finance Committee reported a 3 yes, 1 no vote recommendation for this resolution. Presiding Officer Skogstad opened and closed the public hearing, receiving no public comment.



VOTE ON MOTION TO ADOPT:

Yes: McLane, Anderson, Poindexter



No: Superman, Keene, Moock, Brown, Mullen, Skogstad, Glick, Little, Nash, DeLacee, Hodgins, Walli



MOTION DEFEATED 3 yes, 12 noes



RESOLUTION 91-112: Authorizing the Mayor to Award a Contract Material Testing Services for the Central Peninsula Baler Facility in Soldotna, Alaska, and Seward Transfer/Baler Facility in Seward, Alaska (Mayor).



MOTION: Glick moved adoption of Resolution 91-112.



Public Works/Education Chair Moock reported no formal action, but that informal consensus was reached recommending approval of the contract award to Alaska Test Lab. The committee spent considerable time reviewing criteria for award reported by staff.



Assemblymember McLane requested abstention from voting. The Chair denied the request on the basis he was not associated with Alaska Test Lab.



VOTE ON MOTION TO ADOPT:



MOTION PASSED Unanimous consent without objection.



RESOLUTION 91-113: Urging the North Pacific Fisheries Management Council to Take Immediate Action on High Seas Interception of Incidental Salmon Catches During Directed Fisheries (Hodgins).



MOTION: Hodgins moved approval of

Resolution 91-113.



No committee reports or public comment was offered on this resolution.



MOTION: Hodgins moved for postponement of this resolution until September 17, 1991.



As author of the resolution he has solicited comment via the mail, however has not received any response. The postponement would allow more time to receive feedback.



VOTE ON MOTION TO POSTPONE:



MOTION PASSED Unanimous without objection.



ADDITION OF LATE ITEMS



Facts Sheet for 1991 Ballot Propositions. The Assembly had before them a memorandum from the Borough Clerk regarding statements of fact about propositions on the October 1 ballot.



MOTION: Moock moved to adopt the ballot prop-ositions facts sheet dated September 3, 1991.



Clerk Vaughan explained that propositions specific to any particular area will be voted only by that area. The final facts sheet will state eligibility to vote on these propositions.



MOTION TO AMEND: Superman moved to amend the fact sheet regarding Ordinance 91-31 by deleting the words "the new facility would cost a minimum of ...... Renovation"



It was clarified by Mayor Gilman that the service area board had requested language similar to this and offered a rewrite saying "the (Service Area) Board considered the option of a new facility which would have cost a minimum of 6.3 million dollars."



Assemblyman Superman held to the amendment without change.



Fact Sheet for 1991 Ballot Propositions (Continued)



VOTE ON SUPERMAN MOTION TO AMEND:

Yes: Superman, Keene, Brown, Skogstad, Glick, Nash



No: McLane, Anderson, Moock, Poindexter, Mullen, Little, DeLacee, Hodgins, Walli



MOTION DEFEATED 6 yes, 9 noes



Mayor Gilman suggested that the language relative to facility replacement cost was a problem and discussed possible amendment. Discussion of the Mayor's proposal resulted in the following amendment being offered:



MOTION TO AMEND: Nash moved that the following language be substituted in the fourth paragraph of proposition no. 4's fact statement: "Whereas renovation would allow use of some of the existing filtration, mechanical and chlorination systems, (*) total cost of the renovation project is estimated at $4,695,000. Revenues sources will be as follows...."



The Clerk was requested to "clean up" the language; therefore an asterisk is added and the statement ended with a footnote indicating: *the North Peninsula Recreation Service Area Board recommended renovation rather than building a new facility.



VOTE ON NASH AMENDMENT:



MOTION PASSED Unanimously without objection.



MOTION TO AMEND: Poindexter moved to include maps of both reapportionment plan options in the facts material.



Assemblyman McLane offered a friendly amendment, accepted by Assemblyman Poindexter that a list of locations where maps are posted throughout the Borough be included on the reapportionment proposition fact sheet.



VOTE ON POINDEXTER AMENDMENT:



MOTION PASSED Unanimously without objection.



Fact Sheet for 1991 Ballot Propositions (Continued)



MOTION TO AMEND: Mullen moved to amend the reapportionment proposition fact sheet by adding a provision for a special election if deemed necessary by the Assembly.



Borough Attorney Boedeker advised that the amendment was not appropriate and would in effect shorten Assemblymember terms which could not occur absent a reapportionment plan.



MULLEN MOTION WITHDRAWN



MOTION TO AMEND: Hodgins moved to amend the last paragraph of the proposition regarding service areas beginning in the third sentence from the end by incorporating the essence of the Alaska Statute provisions defining property owner levies and assessments.



VOTE ON HODGINS' MOTION TO AMEND:



MOTION PASSED Unanimous



(The Borough Clerk and Borough Attorney were directed to establish the most comprehensive wording).



MOTION TO AMEND: Glick moved to amend the fact sheet information on Ordinance 91-31 to include the following statement in the final paragraph: Bonds shall be issued upon such terms and conditions, and in such form as found to be in the best interest of the Borough.



VOTE ON GLICK MOTION TO AMEND:



MOTION PASSED Unanimous consent without objection.



Regarding Proposition No. 3, Central Emergency Service Area, Mayor Gilman noted that the last sentence of point five regarding ordinance ratification should read at a maximum of "1.0 mil."



MOTION TO AMEND: Glick moved the change as an amendment and asked unanimous consent.

Fact Sheet for 1991 Ballot Propositions (Continued)



VOTE ON GLICK MOTION TO AMEND:



MOTION PASSED Unanimous without objection.



VOTE ON MOTION TO ADOPT AS AMENDED:



MOTION PASSED Unanimous without objection.



CONSIDERATION OF VACATION OF RIGHT-OF-WAY



Petition to vacate portion of unnamed right-of-way adjacent to Lots 6, 7 and 8; Hodgson S/D; Section 30, T5N, R10W, S.M., AK.



MOTION: Glick moved for approval of the petition to vacate a portion of unnamed right-of-way adjacent to Lots 6, 7 and 8; Hodgson Subdivision.



There were no committee reports or public comment offered regarding this vacation petition.



Assemblymember Moock expressed concern about what might be arbitrary vacation of rights-of-way based upon the need to use a dedicated access for snow removal storage.



VOTE ON MOTION TO GRANT PETITION:

Yes: McLane, Anderson, Mullen, Skogstad, Glick, Little, DeLacee



No: Superman, Keene, Moock, Brown, Poindexter, Nash, Hodgins, Walli



MOTION DEFEATED 7 yes, 8 noes



INTRODUCTION OF ORDINANCES NOT ON CONSENT AGENDA - None.



FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA - None.



PUBLIC COMMENTS AND PUBLIC PRESENTATIONS - None.



MAYOR'S REPORT - None.



OTHER BUSINESS



ORDINANCE 91-20: (title).



Assembly President Skogstad reported that he has delayed signing of the ordinance due to an irregularity in the adoption process. Borough Attorney Boedeker explained the complexities of the majority and/or two thirds vote conflict stating one is substantive and the other procedural. He concluded that under either analysis the ordinance is valid. President Skogstad indicated he would sign the ordinance.



MOTION: Anderson moved that the September 17 assembly meeting be held in Homer.



When questioned, the Clerk indicated a hardship in organizing a Homer meeting during these weeks immediately preceding the election. Further, it was considered excessive to call a special meeting accommodating the Board of Equalization on September 24 in addition to the proposed Homer meeting on September 17.



MOTION TO AMEND: Moock moved to amend the motion by scheduling the Homer meeting on October 22.



There was discussion about the run-off election and establishing the new assembly.



MOOCK MOTION WITHDRAWN



VOTE ON MOTION:

Yes: McLane, Anderson, Brown, Poindexter, Mullen, DeLacee, Hodgins, Walli



No: Superman, Keene, Moock, Skogstad, Glick, Little, Nash



MOTION DEFEATED 8 yes, 7 noes



MOTION FOR RECONSIDERATION: Walli moved for reconsideration of liquor license transfer application which appeared tonight on the consent agenda.



Reconsideration is not allowed on an approved consent agenda item; however an action to rescind is acceptable. The motion maker changed the motion to rescind the previous action on the liquor license transfer application.



RECONSIDERATION OF LIQUOR LICENSE TRANSFER (Continued)



Assemblymember Walli explained that she had called Tyonek during the break and was advised that the Tyonek Native Corporation and the Tyonek Village Council are opposed to the transfer of this liquor license.



VOTE ON MOTION TO RECONSIDER:

Yes: McLane, Superman, Keene, Moock, Brown, Poindexter, Skogstad, Glick, DeLacee, Hodgins, Walli



No: Anderson, Mullen, Little, Nash



MOTION PASSED 11 yes, 4 no



ASSEMBLY AND MAYOR'S COMMENTS



Assemblymember Mullen wished the halibut fishing fleet a safe return.



Assemblymember Brown requested consent for a Local Affairs/Lands meeting on September 19 in Nikiski regarding the location of the elementary school and in conjunction with the school district staff. He also requested Assemblyman Superman's name be added as co-sponsor for resolutions honoring Alexandra Koloa and Fedora Constantine.



Assemblymember Moock has requested Finance Committee and Policy and Procedures Committee to examine changing the starting time of the assembly to 7:00 PM re-examine the mid-night rule. She is concerned that the items on the end of the agenda are seldom adequately dealt with due to time constraints.



She additionally asked that Borough policy regarding meal allowance be reviewed. She feels these expenses should be reimbursed only for the amount up to the established maximum of $13.50.



Assemblymember Glick asked the Policy and Procedures Committee to review charging for Assembly packets.



Assemblymember Nash announced that Policy and Procedures Committee would meet September 5 at 6:00 PM. He is concerned about provisions in the ordinances that he feels are not followed.

Assemblymember DeLacee asked that the Alcohol Beverage and Control Board be queried by the Clerk about the liquor license transfer application which has been deferred to next meeting and determine whether formal comment has been received at the ABC Board Office.



Assemblyman Hodgins commented that the recent announcement of the South Korean firm now involved with Stewart Petroleum in drilling an exploratory well in Cook Inlet will provide jobs ASSEMBLY AND MAYOR COMMENTS (Continued)



and community dollars. Mayor Gilman and Assemblyman Hodgins called on the involved firms a few years back while in Korea on a trade mission.



Assemblyman Walli noted that many countries deal on a government basis primarily, therefore economic development is enhanced by local government involvement.



Mayor Gilman announced that Wednesday, September 4, 1991, at 1:00 PM in the Assembly Chambers, Alaska Department of Transportation will be holding a five year plan review meeting. Elected officials from Peninsula communities have been invited.



Assembly President Skogstad congratulated Deputy Clerk Teresa Hudson on her recent birthday. He also requested that the recommendations of the Cooper Landing Advisory group be considered for incorporated in Resolution 91-104 (forest resources).



Assembly President Skogstad reminded the assembly of a joint worksession with the Planning Commission, Tuesday, September 10. He requested copies of the revised land use ordinance be circulated to the assembly prior to that meeting.



NOTICE OF NEXT MEETING AND ADJOURNMENT



The next Regular Assembly meeting will be Tuesday, September 17 at 7:30 p.m. The meeting of September 3, 1991 adjourned at 12:00 midnight.







________________________ __________________________________________

Date Approved James W. Skogstad, Assembly President



ATTEST:







_______________________________________

Gaye J. Vaughan, Borough Clerk