CALL TO ORDER



The Regular Meeting of the Kenai Peninsula Borough Assembly was held on December 17, 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 Betty Glick.



PLEDGE OF ALLEGIANCE



The Pledge of Allegiance was recited followed by the invocation given by Pastor Preston McCracken of the Community Wesleyan Church.



ROLL CALL



There were present:

Betty Glick, Presiding, and

Burt Anderson Jack Brown

Mark Hodgins (arrived 8:00 p.m.) Buzz Kyllonen

Suzanne Little Grace Merkes

Sharon Moock Phil Nash

Bob Rubadeau Jonathan Sewall (arrived 7:37 p.m.)

John Torgerson Gary Superman



Absent: Marie Walli, John Calhoun, and James Skogstad (all excused)



comprising a quorum of the assembly; and



Don Gilman, Borough Mayor

Tom Boedeker, Borough Attorney

Gaye Vaughan, Borough Clerk

Teresa Hudson, Deputy Clerk





VACANCY, DESIGNATION OR SEATING OF ASSEMBLY MEMBERS - None.



APPROVAL OF MINUTES



MOTION: Torgerson moved for approval of the November 5, 1991 minutes as submitted.



MOTION: Nash moved to amend the minutes of the regular meeting of November 5, 1991 in the following manner:



• Volume 35, Page 177, Pledge of Allegiance and Invocation, delete "by all present";



• Volume 35, Page 177, second sentence from bottom of page, delete "Anderson" and insert "Moock", the sentence to now read "Assemblymember Moock nominated Betty Glick for Assembly President."



• Volume 35, Page 177, delete last sentence and replace with "Assemblymember Brown moved to close nominations."



• Volume 35, Page 180, second paragraph, delete "second reading" and replace with "for public hearing", and delete "first reading", replace with "public hearing was set".



• Volume 35, Page 180, second paragraph from bottom of page, delete "with first reading" and replace with "and public hearing was set".



• Volume 35, Page 181, second paragraph from bottom of page, to include names of persons who spoke. (Clerk's Note: Due to a malfunction of the recording equipment, identification of persons who spoke regarding school district projects is not known.)



• Volume 35, Page 185, first paragraph, delete "second reading", replace with "public hearing".



• Volume 35, Page 185, first motion at top of page, delete "introduce and".



VOTE ON MOTION TO AMEND



MOTION PASSED Unanimous without objection.



VOTE ON MOTION TO APPROVE MINUTES AS AMENDED:



MOTION PASSED Unanimous without objection.



COMMITTEE REPORTS



President Glick reported the success of the Orientation Meeting held on December 17, 1991. New assemblymembers and service area board members were present and expressed their appreciation to President Glick for the beneficial information given at the orientation.



Other Committees



Assemblymember Little reported that Local Affairs/Lands Committee met to discuss reapportionment on Thursday, December 12. Reports were given by the Borough Attorney and Planning Director. Representatives from Anchor Point were also present. It was the consensus of the committee that a committee meeting of-the-whole be held on January 14, 1992, at 5:00 p.m. regarding reapportionment.



Vice Chairman Anderson reported that the Policies and Procedures Committee met on Thursday, December 12, 1991. Proposals for a new records management system for Borough Administration were reviewed and discussed and the unanimous recommendation of the Committee will be to award a contract to Snider Seminars & Consulting Services in an amount not to exceed $46,000. Current procedures for printing and distributing agenda packets were reviewed and the Committee unanimously recommended establishing a subscription service on a trial basis for six months. Cost for a six month subscription will be $120.00 if mailed, and $80.00 if picked up at the Clerk's Office. Mr. Anderson noted that the subscription service will be reviewed during the budget process. A draft Room Use Policy was reviewed and Jack Webb, Risk Management, has been asked to address Borough liability when conference rooms are in use by the public.



Assemblymember Nash asked if code supplements were addressed by the Policies and Procedures Committee. Mr. Nash was told that the Borough Clerk has estimated two to three months for completion of the code book. Mr. Nash stated his objections to the delay in updating the code book and to the minutes not being completed in a timely manner.



Chairman Anderson summarized the meeting of the Kenai Peninsula Borough Boat & Vessel Tax Research Committee held on Tuesday, December 10, 1991. Two subcommittees were formed, one to research a flat rate on footage and tonnage; the other to research severance tax. The severance tax subcommittee will meet in Homer on Wednesday, December 11, 1991. The next meeting of the KPB Boat & Vessel Tax Research Committee will be on December 23rd in Seward at 2:00 p.m. The committee will develop a draft ordinance to be brought to the Assembly at a future date.



Assemblymember Brown reported that Cook Inlet Regional Citizens Advisory Council have been notified by CISPRI that their funding is being terminated in six months. He stated that CIRCAC voted to accept an interim funding agreement and CISPRI will ask the Secretary of Transportation to assess the issue of funding.



Assemblymember Moock read the Kenai Peninsula Education Coalition's Policy Statement. The statement summarized the purpose of the Coalition, which is to address funding for school purposes and projects. The next meeting of the Coalition will be January 22, 1992, in the Borough Assembly Chambers.



Assemblymember Sewall reported that the Local Emergency Planning Committee (LEPC) met on December 4th. The chemical spill at Kenai McDonald's was discussed. President Glick said there are two vacancies on the LEPC for assemblymembers and asked that anyone interested in serving on this committee please notify her.



Mayor Gilman reported that he and Assemblymember Anderson attended a meeting hosted by Providence Hospital regarding a borough-wide health care plan. The Health Director for the State of Hawaii spoke on the health care plan which has been in existence in the State of Hawaii since 1974.



REPORTS OF COMMISSIONS AND COUNCILS - None.



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.



MOTION: Anderson moved to approve the Agenda and Consent Agenda, the Consent Agenda to include Resolutions 91-141, 91-142, 91-143, 91-145, and late items Resolutions 91-147, 91-148, 91-149, and Ordinance 91-57.



Assemblymembers Nash, Moock and Sewall spoke against the addition of the following late agenda items:



Resolution 91-147: Establishing a Task Force to Examine Options and Initiate Actions for the Utilization of Kenai Peninsula Timber Resources



Resolution 91-148: Authorizing the Purchase of Office Furniture for the Borough Clerk's Office



Resolution 91-149: Authorizing the Disposal of Borough Records Which are Outdated and Scheduled for Disposal Under the Borough's Records Management System



MOTION: Anderson moved to amend his previous motion, removing Resolutions 91-147, 91-148, 91-149 from the consent agenda, placing those resolutions under Addition of Late Items; and leaving Resolutions 91-141, 91-142, 91-143, 91-144, 91-145, 91-146 and Ordinance 91-57 on the consent agenda.



The sponsors of Resolutions 91-147, 91-148 and 91-149 withdrew their resolutions from the agenda.



The Consent Agenda now reads:



Resolution 91-141: Authorizing the Award of a Contract for Area 1 -Central Peninsula, Solid Waste and Recycling Container Hauling (Mayor)



Resolution 91-142: Authorizing the Award of a Contract for Area 2 -Eastern Peninsula, Solid Waste and Recycling Container Hauling (Mayor)



Resolution 91-143: Authorizing the Award of a Contract for Area 3 -Southern Peninsula, Solid Waste and Recycling Container Hauling (Mayor)



Resolution 91-144: Approving Operational Policies of the Central Peninsula Emergency Medical Service Area Regarding Ambulance Billing (Mayor @ request of CPEMSA Board)



Resolution 91-145: Transferring $14,000 for Schematic Design and Cost Estimation Services to Convert the Homer Jr. High Pool to a Multipurpose Room and Cafeteria (Mayor)



Resolution 91-146: Conditional 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)



Ordinance 91-57: Authorizing and Appropriating a Grant from the Alaska Division of Emergency Services for a Statewide Shaker III Exercise (Mayor)



Added to the agenda is the addition of a presentation by Ms. Nancy Gourley regarding POW/MIAs in Southeast Asia.



President Glick opened public hearing on the Consent Agenda.



Barbara Waters, Kenai, spoke regarding Resolution 91-144, specifically the timeframe required for applying for assistance.



Steve O'Connor, Central Peninsula Emergency Medical Services, was present to answer questions presented by the Assembly. Mr. O'Connor stated that patients are required to contact the billing contractor within 15 days so that the billing contractor knows they have set up an appointment with Medicaid. He also noted that assistance is available to all patients who can demonstrate a financial need.



John Kistler, Mile 9, K-Beach Road, speaking to Resolution 91-144, also expressed his concern regarding the timeframes required for applying for assistance.



Assemblymember Moock, responding to Mr. Kistler's concerns, stated that the 15 day timeframe is merely a period of time in which to notify CPEMSA that you will be going to Medicaid for assistance.



President Glick closed public comment.



MOTION: Sewall moved to amend Resolution 91-146, Section 1, by replacing "Milepost 3.9" with "Milepost 1.6".



VOTE ON MOTION TO AMEND:



MOTION PASSED Unanimous without objection.



VOTE ON CONSENT AGENDA AS AMENDED:



MOTION PASSED Unanimous without objection.



ITEMS NOT COMPLETED FROM PRIOR AGENDA



Ordinance 91-56: Establishing a Two-Term Limit for Assembly and School Board Members (Hodgins, Anderson, Walli, Rubadeau)



Ordinance 91-56 was introduced by Assemblymember Mark Hodgins with a proposed hearing date of January 21, 1992. Upon enactment, Ordinance 91-56 will limit persons serving on the Assembly or School Board to two consecutive full terms of office without a break in service.



MOTION: Hodgins moved to set for hearing Ordinance 91-56 on January 21, 1992.



President Glick opened public comment.



Mary Gabriel, P.O. Box 128, Soldotna, spoke against Ordinance 91-56.



John Kistler, Mile 9, K-Beach Road, spoke in favor of Ordinance 91-56.



Barbara Waters, Kenai, spoke in favor of Ordinance 91-56.



It was noted that the ordinance contained in the packet is a proposed substitute, not the original ordinance, and should not have been placed in the packet.



MOTION: Hodgins moved to suspend the rules to remove Ordinance 91-56 from agenda and be placed on the agenda of January 7 for introduction.



VOTE ON MOTION TO SUSPEND THE RULES:



MOTION PASSED Unanimous without objection.



President Glick noted that Ordinance 91-56 would be placed on the agenda for introduction on January 7, 1992. Mr. Hodgins requested that the proposed substitute ordinance be distributed to assemblymembers but not be placed in the bound packet.



MOTIONS TO RECONSIDER



Resolution 91-140: Awarding a Contract for Lobbying Services (Legislative Committee)



Resolution 91-140 was introduced by the Legislative Committee on December 3, 1991 to award a contract for lobbying services for the 1992 Legislative Session. The resolution failed and notice of reconsideration was given by Assemblymember Anderson.



MOTION: Anderson moved to reconsider Resolution 91-140.



Assemblymember Brown spoke in favor of reconsideration.



Assemblymember Hodgins asked Mayor Gilman what the alternatives were for the Borough if Resolution 91-140 was not adopted.



Mayor Gilman replied that money was put into his budget under contract services. His options could be, 1) enter into an agreement with a lobbyist unilaterally; 2) use some of the money budgeted for contract services for administrative travel to Juneau for lobbying efforts; or, 3) hire an employee after approval from the assembly.



VOTE ON MOTION TO RECONSIDER:

Yes: Superman, Brown, Moock, Anderson, Hodgins, Nash

No: Sewall, Merkes, Kyllonen, Torgerson, Glick, Little, Rubadeau

Absent: Walli, Calhoun, Skogstad



MOTION FAILED: 6 yes, 7 no



ORDINANCE HEARINGS



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)



Ordinance 91-49 was introduced by the Mayor on October 8, 1991 with public hearing on December 3, 1991. The ordinance was postponed to December 17, 1991. Upon enactment, Ordinance 91-49 will exempt a 1.6 mile segment of Exit Glacier Road from KPB Chapter 14.06 and that portion of Exit Glacier Road will be accepted onto the Borough's road maintenance system.



MOTION: Anderson moved for the enactment of Ordinance 91-49.



President Glick opened and closed public comment with none being offered.



VOTE ON MOTION:

Yes: None.

No: Sewall, Merkes, Superman, Brown, Moock, Kyllonen, Torgerson, Glick, Anderson, Little, Hodgins, Nash, Rubadeau

Absent: Walli, Calhoun, Skogstad



MOTION FAILED 0 yes, 13 no



CONSIDERATION OF RESOLUTIONS - None.



CONSIDERATION OF VACATION OF RIGHT-OF-WAY - None.



INTRODUCTION OF ORDINANCES NOT ON CONSENT AGENDA - None.



ADDITION OF LATE ITEMS - None.



FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA



POW/MIA vs. Normalization and the lifting of the trade embargo with Southeast Asia.



Nancy Gourley, 1802 4th Ave., Kenai, came before the assembly as a representative of her brother, Gregory Stephen Crandall, missing in action in Laos since 1971, and her uncle, Calvin A. Van Winkle, a prisoner of war in Korea in 1950. Ms. Gourley stated that there are 2,271 men from the Vietnam War and 8,200 men from the Korean conflict who have never been accounted for.



Ms. Gourley asked the assembly to contact senators, congressmen, Secretary of State James Baker, President Bush, and/or the Senate Select Committee for POW/MIA Affairs to express their opposition to the normalization of relations with any country suspected of holding American prisoners of war and to the lifting of the trade embargo. Ms. Gourley requested that a POW/MIA flag be flown at the Borough Building.



President Glick requested that the borough attorney report back to the assembly on borough policy regarding flags.

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS



Barbara Waters, Kenai, spoke regarding assembly meeting packets and the cost of printing. Ms. Waters felt that the policy for distribution of and payment for packets should be consistent.



John Kistler, Mile 9, K-Beach Road, spoke regarding the limitation of terms (Ordinance 91-56). Mr. Kistler urged the assembly to deal with this issue. Mr. Kistler also felt that everyone should pay for the assembly meeting packet.



MAYOR'S REPORT



As contained in the written packet:



1. Notice of Road Maintenance Manager Appointment - Fred Korpinin



2. Letter to City of Seward Regarding Recycle Collection Containers



Mayor Gilman announced the date for the trip to Akita, Japan, which will be the week of January 19, 1992. Those going will be Seward Mayor Don Cripps, Economic Development District Director Stan Steadman, Mayor Gilman, and an assembly representative. The Mayor of Soldotna has also been invited.



OTHER BUSINESS



President Glick opened discussion regarding the Policies and Procedures Committee meeting report given earlier in the evening.



Assemblymember Moock questioned Clerk Vaughan regarding the records management proposal. Ms. Moock asked if an RFP was sent out.



Borough Clerk Vaughan stated that she is recommending sole source, noting that she and the Mayor met several months ago and at that time the Mayor authorized a sole source for the first phase of the records management upgrade. Ms. Vaughan gave a brief synopsis of Joyce Snider's background in records management, indicating that in her fourteen years attending clerk's conferences in Alaska and nationally, to her knowledge Ms. Snider is the only person who offers the particular type of consulting services applicable to municipal records management.



Ms. Vaughan responded to Assemblymember Moock's questions regarding the cost of the project, stating that the assembly had appropriated money for this project during budget sessions last spring.



Mayor Gilman confirmed the meeting held between himself and the Borough Clerk. He also confirmed that fact that the Mayor has the authority to authorize sole source contracts. The Mayor went on to note that there are times when a particular field is so specialized that it is not practical to put out RFPs.



President Glick pointed out that the Policies and Procedures Committee was making a recommendation regarding the Snider contract, and that final approval would be for the assembly as a whole to make when a resolution to award a contract is placed before them.



Discussion began regarding assembly meeting packets. President Glick said she is in the process of composing a letter to be sent to everyone currently receiving packets. This letter will be presented to the assembly for approval first.



Lengthy discussion continued regarding packet distribution, charges for packets, who receives packets, and what the Borough Code says regarding packet content and distribution.



MOTION: Brown moved that Tyonek, Port Graham and English Bay be included under the definition of "council" appearing in the Borough Code and that they be included in packet distribution.



MOTION: Assemblymember Hodgins moved to amend to include everyone on the packet distribution list for the time being until the Policies and Procedures Committee completes their review and brings forth a recommendation.



MOTION: Nash moved to divide the question.



President Glick ruled that the first item to be voted on would be the Hodgins' motion to amend to include everyone on the packet distribution list.



MOTION: Sewall moved to adjourn the meeting.



VOTE ON MOTION TO ADJOURN:



MOTION PASSED Unanimous without objection.



President Glick announced that on December 18, 1991, Mayor Gilman, Superintendent Holmes and President Glick will be meeting with representation from Anchorage, Mat-Su and Fairbanks to discuss developing some alternative legislation dealing with school construction.



President Glick recommended Mr. Skogstad as assembly representative for the trip to Akita, Japan. Mr. Superman objected to any assemblymember making the trip.



ASSEMBLY AND MAYOR'S COMMENTS - None.



INFORMATIONAL MATERIALS AND REPORTS - None.





NOTICE OF NEXT MEETING AND ADJOURNMENT



The next meeting of the Kenai Peninsula Borough Assembly will be on January 7, 1992 at 7:30 p.m. in the Assembly Chambers of the Borough Administration Building.







Date Approved: ____________________







_____________________________________

Betty J. Glick, Assembly President



ATTEST:





______________________________

Gaye J. Vaughan, Borough Clerk