CALL TO ORDER
The Regular Meeting of the Kenai Peninsula Borough Assembly was held on November 5, 1991 in the Assembly Chambers of the Borough Administration Building, 144 N. Binkley, Soldotna, Alaska. The meeting was called to order at 7:32 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.
ROLL CALL
There were present:
James Skogstad, Presiding, and
Burt Anderson Jack Brown
John Calhoun Betty Glick
Mark Hodgins Buzz Kyllonen
Suzanne Little Grace Merkes
Sharon Moock Phil Nash
Bob Rubadeau Jonathan Sewall
Gary Superman John Torgerson
Marie Walli
comprising a quorum of the Assembly; and
Ross Kinney, Finance Director/Acting Mayor
Tom Boedeker, Borough Attorney
Kris Schmidt, Borough Attorney
Gay Vaughan, Borough Clerk
VACANCY, DESIGNATION OR SEATING OF ASSEMBLY MEMBERS
President Skogstad presented plaques to outgoing Assemblymembers Mullen and O'Connell. Assemblymembers DeLacee and McLane were unavailable.
At this time the selection of new officers began.
Assemblymember Anderson nominated Betty Glick for Assembly President.
Secret ballots were cast by the Assembly and were counted by the Borough Clerk and Mayor.
Assemblymember Glick was unanimously elected President whereupon Ms. Glick took her seat as President of the Assembly.
Assemblymember Anderson was elected Vice President by a vote of Anderson 10, Little 6. Mr. Anderson took his seat as Vice President for the remainder of the evening.
APPROVAL OF MINUTES - None
COMMITTEE REPORTS
Finance - (Chm. Sewall, Vice Chm. Nash, Anderson, Glick)
Legislative - (Vice Chm. Glick, Anderson, Brown, Hodgins, Walli)
Local Affairs/Lands - (Chm. Brown, Vice Chm. Anderson, Glick, Little, Moock, Superman)
Public Works/Education - (Chm. Moock, Hodgins, Walli)
Other Committees
REPORTS OF COMMISSIONS AND COUNCILS
AGENDA APPROVAL AND CONSENT AGENDA
Copies having been made available to the public, President Glick noted by title only all resolutions and ordinances on the Agenda and Consent Agenda.
At the request of assemblymembers the following items were removed from the consent agenda and placed in their appropriate position on the agenda:
Resolution 91-127: Approving Operation Policies of CPEMS regarding Mutual Aid Billing and Charitable Write-offs of Ambulance Billing (Mayor)
Resolution 91-130: Authorizing Award of a Contract for Fire Damaged Portable Classroom Restoration Project (Mayor)
Resolution 91-131: Authorizing the Award of a Contract for Tree Cutting Services for the Tyonek Playfield Development Project (Mayor)
Resolution 91-132: Authorizing the Award of a Contract for Operations and Maintenance of Seward Transfer Facility and Soldotna/Central Peninsula Baling Facility (Mayor)
Ordinance 91-54: Amending KPBC 5.18.200, Creating a Sales Tax Exemption for Licensed Clinical Social Workers (Anderson) (Hearing set for 12/03/91)
Resolution 91-116: Granting a Permit to the Kenai Peninsula Archers for the Use of Borough Owned Lands (Mayor)
As the formal report from Dr. Boraas was not received, Resolution 91-116 was postponed until the meeting of December 3, 1991.
The agenda order of business was adjusted accordingly with the consent agenda now appearing as follows:
Resolution 91-133: Urging Restoration of Funding for Municipal Entitlement Transfers (Skogstad)
Ordinance 91-53: Providing for the Reapportionment and Recomposition of Borough Assembly Seats (Skogstad) (Hearing set for 12/03/91)
President Glick opened public hearing on the Consent Agenda.
Speaking on Ordinance 91-53 were:
Barbara Waters, Kenai
John Kistler, Kenai
Without objection, the Agenda and Consent Agenda were adopted unanimously.
ITEMS NOT COMPLETED FROM PRIOR AGENDA
Appointment of Sam McLane to the Kenai Peninsula Borough Road Service Area Board
MOTION: Moock moved to appoint Sam McLane to the Kenai Peninsula Borough Road Service Area Board
VOTE ON MOOCK MOTION:
Yes: Sewall, Rubadeau, Anderson, Kyllonen, Moock, Brown, Calhoun, torgerson, Skogstad, Glick, Little, Nash, Merkes, Hodgins, Walli
No: Superman
MOTION PASSED 15 yes, 1 no
MOTIONS TO RECONSIDER
ORDINANCE HEARINGS (3 minutes)
Ordinance 91-46: Amending Section 20.16.155 of the Borough Code of Ordinances So That Certain Beneficiaries of Deeds of Trust on Land Proposed for Subdivision May Not Be Required to Sign the Subdivision Plat (Mayor at request of the Planning Commission)
Presented in second reading was Ordinance 91-46, which was introduced by the Mayor at the request of the Planning Commission, receiving first reading on September 17, 1991. Action on the ordinance was postponed to November 5. Upon enactment, Ordinance 91-46 will amend the Borough Code to remove the requirement that all parties having an interest in land being subdivided must sign the final plat.
MOTION: Anderson moved for the enactment of Ordinance 91-46.
President Glick opened public hearing.
Jerry Anderson, President of the Alaska Society of Professional Land Surveyors, spoke regarding Ordinance 91-46.
President Glick closed public hearing.
MOTION TO AMEND: Torgerson moved to amend Section 1, pp. 7, replacing the word "subdivider" with the words "owner of record"; and by replacing "subdivision and replat" with "subdivision and/or replat"
VOTE ON MOTION TO AMEND:
MOTION PASSED Unanimous without objection.
VOTE ON MOTION TO ENACT: Unanimous without objection.
Ordinance 91-50: Accepting and Appropriating a Grant from the Alaska Department of Transportation and Public Facilities for Development of a Comprehensive Trail Plan for the Kenai Peninsula Borough (Mayor)
Ordinance 91-50 was introduced by the Mayor with first reading on October 8, 1991. Upon enactment, Ordinance 91-45 will allow the Mayor to accept grant fundings for a new division, Comprehensive Trail Plan, and to hire a temporary employee to develop the plan.
MOTION: Anderson moved for the enactment of Ordinance 91-50.
Planning Director Dick Troeger answered questions from assemblymembers regarding what kind of trails were to be developed and the location of the trails. Mr. Troeger noted the emphasis will be along the state highway, with funding coming from the Department of Transportation (DOT) and that no construction is involved. He also stated the agreement before the Assembly is a draft Transfer of Responsibilities Agreement commonly called a TORA which is sent to us by DOT for purposes of discussion only.
Assemblymember Sewall spoke in favor of plans for trails which are federally funded with a state match.
Mr. Troeger went on to report that the project is to prepare a comprehensive trail plan as a part of the borough-wide comprehensive plan, which the DOT would then use for future design and project planning. The borough plan would not incur any costs to the borough, but would solely be used as a planning tool by the DOT.
VOTE ON ORDINANCE 91-50:
MOTION PASSED Unanimous without objection.
CONSIDERATION OF RESOLUTIONS
Resolution 91-116: Granting a Permit to the Kenai Peninsula Archers for the Use of Borough Owned Lands (Mayor)
President Glick noted that the postponement of Resolution 91-116 was continued to December 3, 1991.
Resolution 91-124: Establishing the Capital Priorities of the Assembly for Fiscal Year 1992/93 (Mayor & Legislative Committee)
Resolution 91-124 was introduced by the Mayor and the Legislative Committee and, upon adoption, will establish the Borough's legislative priority requests for 1992 for which state funding is needed.
MOTION: Skogstad moved for the adoption of Resolution 91-124.
Chairman Brown reported that Local Affairs/Lands Committee briefly discussed the resolution but did not vote at this time.
President Glick opened and closed public testimony with none being offered.
Assembly discussion followed, with concerns being raised regarding proposed school district projects, their prioritization, and the lack of communication between the school district and the borough.
Assemblymember Skogstad requested that representatives from the school board and borough maintenance be present to answer questions should action be postponed at tonight's meeting.
President Glick stated that she would send a letter to School Board President Obendorf requesting that she review the proposed school district projects and present a formal presentation at a work session and at the next assembly meeting.
MOTION: Skogstad moved to postpone Resolution 91-124 until November 19, 1991.
VOTE ON SKOGSTAD MOTION:
MOTION PASSED Unanimous without objection.
Resolution 91-127: Approving Operation Policies of CPEMS regarding Mutual Aid Billing and Charitable Write-offs of Ambulance Billing (Mayor)
Resolution 91-127 was introduced by the Mayor and, upon adoption, will approve the policy statements governing the operations of the Central Peninsula Emergency Medical Service Area.
MOTION: Sewall moved for enactment of Resolution 91-127.
Chairman Sewall reported that the Finance Committee recommended a unanimous "Do Pass", with the addition of an amendment to strike the word "charitable" throughout the resolution.
Chairman Brown reported that the Local Affairs/Lands Committee had a unanimous "Do Pass", with the same amendment.
President Glick opened public testimony.
John Kistler, K-Beach Road, spoke against Resolution 91-127.
Steve O'Connor, Central Peninsula Emergency Medical Service, briefly explained the intent of Resolution 91-127 and answered questions from several assembly members.
Assemblymember Brown requested Mr. O'Connor to report back to the Assembly in three months regarding the effectiveness of this resolution, if adopted.
Barbara Waters, 311 Kalila Place, Kenai, spoke against Resolution 91-127.
President Glick closed public comment.
MOTION: Torgerson moved to amend Resolution 91-127 by removing the word "charitable" and inserting the word policy throughout the entire resolution and to change the word "air" to aid.
President Glick called for a short recess. The meeting reconvened at 9:40 p.m.
MOTION: Hodgins moved to amend Resolution 91-127 by deleting all reference to Policy #2.
Attorney Boedeker was asked if the proposed amendments would require the resolution to be returned to the service area for revisions and subsequently returned to the assembly for final approval. He stated that any substantive change to the policy statement could not be made without sending the resolution back to the service area board, but that the amendments being proposed were acceptable.
VOTE ON HODGINS AMENDMENT:
MOTION PASSED Unanimous without objection.
The vote on the Hodgins amendment rendered the Torgerson amendment moot.
VOTE ON RESOLUTION 91-127 AS AMENDED:
MOTION PASSED Unanimous without objection.
Resolution 91-130: Authorizing Award of a Contract for Fire Damaged Portable Classroom Restoration Project (Mayor)
Resolution 91-130 was introduced by the Mayor and, if adopted, would award a contract to Blazy Construction for restoration of fire damaged portable classrooms.
MOTION: Moock moved for the adoption of Resolution 91-130.
Chairman Moock reported that Public Works/Education recommended postponing action until November 19, 1991 and requested further information from the school board.
Chairman Sewall reported that the Finance Committee recommended a unanimous "Do Pass."
President Glick opened and closed public comment with none being offered.
MOTION: Moock moved to postpone action until November 19, 1991.
Assemblymember Brown spoke against the motion to postpone.
VOTE ON MOTION TO POSTPONE:
Yes: Sewall, Rubadeau, Anderson, Superman, Kyllonen, Moock, Calhoun, Torgerson, Skogstad, Glick, Little, Nash, Merkes, Hodgins, Walli
No: Brown
MOTION PASSED 15 yes, 1 no
Resolution 91-132: Authorizing the Award of a Contract for Operations and Maintenance of Seward Transfer Facility and Soldotna/Central Peninsula Baling Facility (Mayor)
Resolution 91-132 was introduced by the Mayor and, if adopted, will award a contract to Alaska Landfills for the operation and maintenance of the Seward Transfer Facility until December 31, 1994 and the Soldotna/Central Peninsula Baling Facility until June 30, 1995.
MOTION: Sewall moved for the adoption of Resolution 91-132.
Chairman Sewall reported that the Finance Committee, meeting jointly with the Public Works Committee, recommended a unanimous "Do Pass."
Chairman Moock reported that the Public Works Committee had a unanimous "Do Pass."
President Glick opened public comment.
Dale Hoagland, Mile 3.5, Seward, spoke against the resolution, stating that he feels accepting the lowest bid will create constant cost overruns and greater liability for the borough.
President Glick closed public comment.
Assemblymember Skogstad expressed concern about cost increases at a later time.
Ms. Cathy Mayer responded that if the scope of work was not changed by the borough, no cost increases would be paid.
VOTE ON MOTION TO ADOPT:
MOTION PASSED Unanimous without objection.
INTRODUCTION OF ORDINANCES NOT ON CONSENT AGENDA
Ordinance 91-54: Amending KPBC 5.18.200, Creating a Sales Tax Exemption for Licensed Clinical Social Workers (Anderson)
Ordinance 91-54 was introduced by Anderson with second reading to be scheduled for December 3, 1991. Upon enactment, Ordinance 91-54 would amend Borough Code to reflect tax exemption for hospital and medical services provided by licensed clinical social workers.
MOTION: Anderson moved to introduce and set for public hearing on December 3, 1991 Ordinance 91-54.
There were no committee reports.
President Glick opened public comment.
John Kistler, Mile 9, Kalifonsky Beach Road, spoke against Ordinance 91-54.
President Glick closed public comment.
Assemblymember Little asked Mr. Kinney what the fiscal effect of this ordinance would be.
Mr. Kinney state that there has been no tax collected at this time.
Assemblymember Walli requested a definition at the time of hearing for "clinical social worker."
VOTE ON ANDERSON MOTION:
MOTION PASSED Unanimous without objection.
ADDITION OF LATE ITEMS - None.
PENDING LEGISLATION
(This item lists legislation which will be addressed at a later time as noted)
Ordinance 91-49: Providing an Exemption from KPB Chapter 14.06 "Road Standards" to Allow Acceptance of That Portion of the Existing Exit Glacier Road Lying Between the Seward Highway and Milepost 1.6 of the Existing Road Onto the Borough Road Maintenance System (Mayor) (Hearing set for 12/03/91)
Ordinance 91-51: Amending Section 5.12.080 (B) Changing Late Penalty Provision (Superman, Little, Brown) (Hearing 12/03/91)
Ordinance 91-52: Amending KPB 5.04.100, Transfer of Funds (Skogstad) (Hearing 12/03/91)
FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (10 Minutes)
Mr. David Coray and the West side landowners spoke regarding the demarcation line for the Homer and Soldotna area hospitals. The matter was referred to the Finance Committee and a written report will follow.
PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (5 Minutes)
Seymour Mills, Box 51, Sterling, spoke against Local Improvement Districts (LID).
Duane Anderson, Soldotna, gave notice of a future meeting to be held November 19, 1991, in the Assembly Chambers dealing with bark beetle trees.
John Kistler, Mile 9, Kalifonsky Beach Road, spoke regarding redistricting.
Borough Clerk Vaughan explained to Mr. Kistler that the voting precincts are not changing until state reapportionment is settled.
President Glick closed public comments.
MAYOR'S REPORT
The Mayor's Report was contained in packet as a written report.
Mayor Gilman gave the Assembly a project status report on the Seward wastewater treatment plant. He also reported that on November 22, 1991, the House Transportation Committee will be having a meeting in the Assembly Chambers at 7:30 p.m. They will meet in Homer on November 23, 1991.
Mayor Gilman also notified the Assembly that Nikolaev has organized a Village Community Council and that the Borough's annual financial reported is prepared and will be mailed this week.
OTHER BUSINESS
President Glick called for the Assembly to select terms for local districts. Numbers were selected at random from a container distributed by Borough Clerk Vaughan and President Glick called out each number for each district as it was drawn.
Upon selection of district terms, the following amendment to Ordinance 91-53 was recommended at second reading on December 3, 1991:
District 1, K-Beach/Kenai South area: Two year term.
District 2, Kenai North: One year term.
District 3, Nikiski: Three year term.
District 4, Soldotna/Tustumena: Three year term.
District 5, Ridgeway/Sterling: One year term.
District 6, Seward: Two year term.
District 7, Ninilchik: Three year term.
District 8, Diamond Ridge/Homer: One year term.
District 9, Seldovia: Two year term.
ASSEMBLY AND MAYOR'S COMMENTS
Assemblymember Walli thanked the Assembly for going to Homer last week.
Assemblymember Nash directed attention to the proposal for personal property boats and taxes issue.
Assemblymember Little congratulated President Glick and Assemblymember Anderson. She also expressed concern regarding the seeming lack of communication between the school district and the borough. She thanked Mr. Skogstad for his dedication of time and effort as past Assembly President.
Assemblymember Skogstad stated that the contract for the Seward and Soldotna Transfer and Baler Facility should be monitored closely as this is a new experience for all. He congratulated President Glick on her election and expressed confidence in the new assembly.
Assemblymember Sewall congratulated the new assembly officers and members and thanked the previous members. He requested an excused absence for the November 19, 1991 meeting. He notified the body that the next road board meeting will be held in Seward on November 15, 1991 and that one of their items of discussion will be the Exit Glacier Road and its maintenance.
Assemblymember Rubadeau congratulated President Glick and Assemblymember Anderson. He thanked the other members for their assistance in helping him learn the assembly process.
Assemblymember Anderson congratulated President Glick and thanked the assemblymembers for their confidence in him.
Assemblymember Superman notified the body that the Nikiski Incorporation Committee will be meeting November 7, 1991 at People Count Community Center North at 7:00 p.m. to go over the draft of the petition to incorporate. Someone from Community and Regional Affairs will be present.
Assemblymember Kyllonen stated his pleasure at being allowed to serve on the assembly. He spoke to the issue of redistricting.
Assemblymember Moock thanked Mr. Skogstad for his work as Assembly President in the past. She also spoke to the issue of the "temporary wage trap." She requested that the Assembly President ask the Personnel Department to prepare a report for the body on the number of temporary employees, what positions they hold, how long they have been in the same position as a temporary, what the projection is for them to remain as an employee in that same position as a temporary and if it has been any substantial length of time, why they are remaining as a temporary employee. She also reported that she had attended a School Board meeting on November 4, 1991 where they were reformulating a position statement as regards extracurricular activities, intramural activities and interscholastic activities.
INFORMATIONAL MATERIALS AND REPORTS
NOTICE OF NEXT MEETING AND ADJOURNMENT
The next meeting of the Kenai Peninsula Borough Assembly will be on November 19, 1991 at 7:30 p.m. in the Assembly Chambers of the Borough Administration Building.
Date Approved:
Betty J. Glick, Assembly President
Gaye J. Vaughan, Borough Clerk