Kenai Peninsula Borough

Assembly Meeting Summary

March 12, 2002 - 7:00 p.m. Regular Meeting - Soldotna, Alaska

CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on March 12, 2002, in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska. President Navarre called the meeting to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE AND INVOCATION

The Pledge of Allegiance was recited followed by the invocation given by Jack Brown of the KPB Community and Economic Development Division.

There were present:

Tim Navarre, Presiding

Ron Long

Milli Martin

Grace Merkes

Chris Moss

Bill Popp

Pete Sprague

Gary Superman

comprising a quorum of the assembly.

Absent:

Paul Fischer (excused)

[Mr. Fischer participated telephonically for Resolution 2002-028 and Resolution 2002-025.]

Also in attendance were:

Dale Bagley, Borough Mayor

Colette Thompson, Borough Attorney

Linda Murphy, Borough Clerk

Sherry Biggs, Deputy Borough Clerk

APPROVAL OF AGENDA AND CONSENT AGENDA (Tape 1, 70)

MOTION TO APPROVE AGENDAS: Popp moved for the approval of the agenda and consent agenda.

President Navarre called for additions, corrections or deletions to the agenda or consent agenda.

The following items were moved from the consent agenda to the regular agenda:

Resolution 2002-028: Providing that Newly Elected Assembly Members Shall Receive Copies of the Constitution of the United States and the Constitution of the State of Alaska (Martin, Mayor) (Referred to Policies and Procedures Committee)

Resolution 2002-030: Supporting a Long-Range Fiscal Plan this Year that Ensures a Stable Future for All Alaskans (Martin, Popp, Sprague) (Referred to Legislative Committee)

The following item was added to the consent agenda:

Resolution 2002-031: Authorizing Award of Contract for the Central Peninsula Landfill Design (Mayor) (Referred to Finance Committee)

Copies having been made available to the public, Borough Clerk Linda Murphy noted by title only the resolutions and ordinances on the consent agenda.

Resolution 2002-027: Authorizing a Response Stipend for Anchor Point Fire and Emergency Medical Service Area (APFEMSA) Volunteers (Mayor at the Request of the APFEMSA Board) (Referred to Finance Committee)

Resolution 2002-029: Approving the Borough Interest Earnings Allocation Policy and Retroactively Allocating Interest Earnings to Fund 241, the School Fund, for Fiscal Years 1999, 2000 and 2001 (Mayor) (Referred to Finance Committee)

[Clerk's Note: Technical amendments were made to Resolution 2002-029 as follows:

First Whereas to read, "the Governmental Accounting Standards Board Statement Number 32 (GASB 31) established certain requirements for governmental entities that utilize investment pools [EFFECTIVE WITH THE CURRENT FISCAL YEAR]; and"

Section 2 to read, "...Fund Number and Description

[290 SOLID WASTE OPERATING FUND]..."

Resolution 2002-031: Authorizing Award of Contract for the Central Peninsula Landfill Design (Mayor) (Referred to Finance Committee)

Ordinance 2001-19-36: Appropriating $60,000 in Timber Sales Receipts within the Land Trust Fund to the School Capital Improvement Fund for Greenhouse Construction (Mayor) (Hearing on 04/16/02) (Referred to Finance Committee)

Ordinance 2002-09: Authorizing a Five-Year Extension of the Time Period for the Option to Lease Ladd Landing between the Kenai Peninsula Borough and Richard D. Bass, W. Herbert Hunt, and William Herbert Hunt Trust Estate, Deleting Approximately 142 Gross Acres from Parcel 1 and Reducing the Option Price (Mayor) (Shortened Hearing 04/02/02) (Referred to Land Committee)

Confirming an Appointment to the Trails Commission (Referred to Policies and Procedures Committee)

Al Peterson North Zone Term Expires - September 30, 2002

Confirming the Appointment of Daniel L. Gregory as Chief for the Nikiski Fire Service Area (Referred to Policies and Procedures Committee)

(Tape 1, 275)President Navarre called for public comment on the consent agenda items.

Melody Douglas, 37776 Grayling Court, Soldotna, AK, spoke on behalf of the school district administration and thanked the assembly for its continued support and funding.

AGENDAS APPROVED AS AMENDED: Unanimous without objection.

COMMENDING RESOLUTIONS AND PROCLAMATIONS (Tape 1, 430)

Mayor Bagley proclaimed the month of March as "American Red Cross Month."

Assembly Member Sprague presented a commending resolution to Miss Katie Lockwood, recognizing her as Alaska's Junior Miss 2002.

PUBLIC COMMENTS AND PRESENTATIONS (Tape 1, 670)

Borough Clerk Linda Murphy swore in Daniel Gregory as the new Nikiski Fire Chief.

Fred West of Tustumena Smokehouse, Kasilof, AK, reported on the Alaska Seafood Forum recently held in Anchorage.

The following people expressed their concern that the school district lobbying trip to Juneau was cancelled:

Lisa Quesnel, PO Box 3542, Soldotna, AK

Kacey Cooper, Mile 4.5 Kalifornsky Beach Road, Kenai, AK

Pam Lettington, PO Box 8304, Nikiski, AK

Margaret Gilman, 216 Susieana Lane, Kenai, AK

Blaine Gilman, 216 Susieana Lane, Kenai, AK

MOTION: Popp moved to amend the previous assembly motion regarding school district travel authorized within the Assembly travel budget to include parents and students from within the Kenai Peninsula Borough as approved by the Assembly President.

Mayor Bagley reported on the events that lead up to cancelling the school district lobbying trip.

VOTE ON MOTION:

Yes: Superman, Long, Moss, Martin, Popp, Sprague, Navarre

No: Merkes

Absent: Fischer

MOTION PASSED: 7 Yes, 1 No, 1 Absent

COMMITTEE REPORTS (Tape 1, 2615)

Assembly Member Moss reported on the work of the Sales Tax Subcommittee. The Subcommittee was reviewing the sales tax code and would bring forth recommended changes at a later date.

Assembly Member Popp provided an update on the Assembly Redistricting Committee and had maps available showing the new assembly district boundaries.

Assembly Member Superman stated the Lands Committee held a work session with members of the Planning Department and the public regarding Ordinance 2001-47. Mr. Superman said the Lands Committee then addressed its lengthy agenda.

Assembly Member Popp stated the Finance Committee heard a presentation from Ruth Lewis of the Kenai Soil and Water Conservation District on the reforestation/greenhouse project. The Finance Committee discussed the items on its agenda.

Assembly Member Martin said the Policies and Procedures Committee discussed its brief agenda.

Assembly Member Long said the Legislative Committee addressed its agenda items.

MOTION: Long moved to direct the Assembly President to issue a letter to Commissioner Perkins, Alaska Department of Transportation, Governor Knowles and the Kenai Peninsula Legislative Delegation supporting the bypass highway project in Cooper Landing (Milepost 42 - 60).

Assembly Member Long said the improvements to the existing right-of -way on the Sterling Highway between Milepost 42 - 60 would address the issues of protecting the Kenai River and other safety hazards. The intent was to expedite the right-of-way process, in addition to expediting the bypass project and avoiding the STIP process.

MOTION PASSED: Unanimous without objection.

President Navarre said the Committee of the Whole discussed its brief agenda. Assembly President Navarre reported on the joint work session with the Kenai Peninsula Board of Education, School District Administration and the Borough Reapportionment Committee on districting of the school board. Mr. Navarre would introduce an ordinance at the April 2, 2002 meeting with two proposed options including status quo or 7 single-member districts elected at-large.

REPORTS OF COMMISSIONS AND COUNCILS - None.

MAYOR'S REPORT (Tape 2, 110)

Agreements and Contracts

Spruce Bark Beetle Mitigation Program:

Approval of sole source with Industrial Air Systems, Inc. for purchase of a "Sternvent" sawdust collector for Skyview High School

Renewal of Professional Services Agreement between KPB and McLane Consulting Group for Design Services for Road Service Area Capital Improvement Projects

2. Other

Kenai Peninsula Borough School District proposal for "At the Cap Circuit Breaker" legislation for additional state Foundation Aid

Memo from Richard Campbell, General Services Director, regarding Risk Management Office Space Lease

EDD Progress Report - July 1, 2001 - December 31, 2001

Mayor Bagley spoke on the land selection process with the Alaska Department of Natural Resources.

PUBLIC HEARINGS ON ORDINANCES

MOTION: Superman moved to suspend the rules and address Ordinance 2002-04 and Resolution 2002-025 as the first two items of business.

MOTION PASSED: Unanimous without objection.

(Tape 2, 380)

Ordinance 2002-04: Authorizing a Negotiated Long-Term Grazing Lease of Borough Land to Mr. Don Johnson at Other than Fair Market Value for Six Years with Three Five-Year Renewal Options Located Near Swanson River Road Containing 40.01 Acres More or Less (Mayor) (Referred to Lands Committee)

[Clerk's Note: There was a motion to enact on the floor from the February 5, 2002 meeting.]

President Navarre called for public comment with none being offered.

VOTE ON MOTION ENACT:

Yes: Superman, Martin, Popp, Sprague, Moss, Merkes, Long, Navarre

No: None

Absent: Fischer

MOTION TO ENACT PASSED: 8 Yes, 0 No, 1 Absent

[Clerk's Note: Assembly Member Fischer joined the meeting via teleconference at 8:50 p.m.]

MOTION: Martin moved to suspend the rules and address Resolution 2002-028 as the next item of business.

MOTION PASSED: Unanimous without objection.

(Tape 2, 480)

Resolution 2002-028: Providing that Newly Elected Assembly Members Shall Receive Copies of the Constitution of the United States and the Constitution of the State of Alaska (Martin, Mayor) (Referred to Policies and Procedures Committee)

MOTION: Martin moved to adopt Resolution 2002-028.

President Navarre called for public comment.

The following people spoke in favor of Resolution 2002-028:

Sherman C. "Red" Smith, PO Box 770, Cooper Landing, AK

Ed Martin, Jr., Mile 49.9 Sterling Highway, Cooper Landing, AK

There being no one else who wished to speak the public comment period was closed.

MOTION: Sprague moved to amend Resolution 2002-028 by adding the words "and the mayor" in the title and throughout the resolution as follows:

Title to read, "A Resolution Providing that Newly Elected Assembly Members and the Mayor shall Received Copies of the Constitution of the United States and the Constitution of the State of Alaska"

First Whereas to read, "newly elected assembly members and the mayor are required..."

Third Whereas to read, "in order to aid newly elected assembly members and the mayor in..."

Section 1 to read, "...every newly elected assembly member and the mayor shall be..."

MOTION TO AMEND PASSED: Unanimous without objection.

MOTION: Long moved to amend Resolution 2002-028 be deleting the word "newly" throughout the resolution and to amend the Third Whereas to read, "in order to aid [NEWLY] elected assembly members, [AND] the mayor and other sworn officials of the borough in upholding their oaths of office..."

MOTION TO AMEND PASSED: Unanimous without objection.

VOTE ON MOTION TO ADOPT AS AMENDED:

Yes: Superman, Fischer, Long, Moss, Merkes, Martin, Popp, Sprague, Navarre

No: None

Absent: None

MOTION TO ADOPT AS AMENDED PASSED: 9 Yes, 0 No, 1 Absent

(Tape 2, 780)

Resolution 2002-025: Supporting the Subdivision of Approximately 860 Acres of Land in the Point Possession Area (Mayor) (Referred to Lands Committee)

[Clerk's Note: There was a motion to adopt on the floor from the February 19, 2002 meeting.]

Resolution 2002-025 (Mayor) Substitute: Supporting the Subdivision of Approximately 867 Acres of Land in the Point Possession Area (Mayor) (Referred to Lands Committee)

MOTION: Superman moved to amend Resolution 2002-025 by substitution.

MOTION TO AMEND BY

SUBSTITUTION PASSED: Unanimous without objection.

President Navarre called for public comment.

The following people spoke in favor of Resolution 2002-025 (Mayor's Substitute):

Joe Ross, 51137 Crestview, Nikiski, AK

Hal Becker, 31310 Creary Circle, Soldotna, AK

Devon Clayborn (sp), 48605 Clayborn Circle, Nikiski, AK

Sherman C. "Red" Smith, PO Box 770, Cooper Landing, AK

Tim O'Brien, 49182 Freda Drive, Nikiski, AK

Jerry Ward, PO Box 7351, Nikiski, AK (also expressed support for the original resolution)

Mark Powell, 46655 Kenai Spur Highway, Nikiski, AK

Blaine Gilman, 216 Susieana Lane, Kenai, AK

Bill Perigo (sp), 53390 English Avenue, Nikiski AK

The following person spoke in opposition to Resolution 2002-025 (Mayor's Substitute):

Ron Rozak, 36641 Chinula Drive, Kenai, AK

The following people spoke in favor of Resolution 2002-025:

Ed Martin, Jr., Mile 49.9 Sterling Highway, Cooper Landing, AK

Jonathan Becker, 813 Auk Street, Kenai, AK

There being no one else who wished to speak President Navarre closed the public comment period.

Assembly Member Superman spoke in favor of Resolution 2002-025 (Mayor's Substitute).

MOTION: Merkes moved to delete the 6th Whereas in its entirety as follows:

[WHEREAS, IT IS DESIRABLE TO INCLUDED THESE PARCELS IN THE AUGUST 2002 LAND SALE; AND]

MOTION TO AMEND PASSED: Unanimous without objection.

Assembly Members Sprague, Martin, Moss and Long spoke in opposition to Resolution 2002-025 (Mayor's Substitute).

(Tape 2, 3175)

The gavel was passed to Vice President Merkes. President Navarre spoke in opposition to Resolution 2002-025 (Mayor's Substitute). The gavel was returned to President Navarre.

VOTE ON MOTION TO ADOPT

SUBSTITUTE AS AMENDED:

Yes: Fischer, Merkes, Superman

No: Martin, Sprague, Moss, Long, Popp,Navarre

Absent: None

MOTION TO ADOPT SUBSTITUTE

AS AMENDED FAILED: 3 Yes, 6 No, 0 Absent

[Clerk's Note: Assembly Member Fischer signed off at 10:10 p.m.]

(Tape 3, 40)

Ordinance 2001-19-31: Authorizing School District Participation in the Borough Equipment Replacement Fund and Appropriating $87,500 in Supplemental Funding from the Equipment Replacement Fund Balance to Purchase a Replacement Tandem Axle Delivery Truck for the School District (Mayor) (Referred to Finance Committee)

MOTION: Popp moved to enact Ordinance 2001-19-31.

President Navarre called for public comment with none being offered.

VOTE ON MOTION TO ENACT:

Yes: Superman, Long, Moss, Merkes, Martin, Popp, Sprague, Navarre

No: None

Absent: Fischer

MOTION TO ENACT PASSED: 8 Yes, 0 No, 1 Absent

(Tape 3, 100)

Ordinance 2001-19-32: Appropriating $305,550 from the General Fund Balance to the Cook Inlet Sockeye Branding Project (Moss) (Referred to Finance Committee)

MOTION: Popp moved to enact Ordinance 2001-19-32.

President Navarre called for public comment.

The following people spoke in favor of Ordinance 2001-19-32:

Elizabeth Chase, PO Box 39, Kasilof, AK

Paul Shadura, 316 Linwood Lane, Kenai, AK, spoke on behalf of the Kenai Peninsula Fisherman's Association

Paul Dale, PO Box 2725, Kenai, AK

Jonathan Becker, 813 Auk Street, Kenai, AK

Tim O'Brien, 49182 Freda Drive, Nikiski, AK

Mark Powell, 46655 Kenai Spur Highway, Nikiski, AK

Gary Fandrei, Executive Director of Cook Inlet Aquaculture Association

David Martin, 61605 Sterling Highway, Clam Gulch, AK, spoke on behalf of the Cook Inlet Fishermens' Fund

Blaine Gilman, 216 Susieana Lane, Kenai, AK

There being no one else who wished to speak, the public comment period was closed.

MOTION: Moss moved to amend Ordinance 2001-19-32 by adding a new section and renumber the remaining sections accordingly:

"Section 3. That the appropriations described in Sections 1 and 2 shall be reduced by the amount of any grant or other external funding subsequently received and appropriated for this project."

VOTE ON MOTION TO AMEND:

Yes: Superman, Long, Moss, Merkes, Martin, Popp, Sprague, Navarre

No: None

Absent: Fischer

MOTION TO AMEND PASSED: 8 Yes, 0 No, 1 Absent

VOTE ON MOTION TO ENACT AS AMENDED:

Yes: Superman, Long, Moss, Merkes, Martin, Popp, Sprague, Navarre

No: None

Absent: Fischer

MOTION TO ENACT AS AMENDED PASSED: 8 Yes, 0 No, 1 Absent

(Tape 3, 1315)

Ordinance 2001-19-33: Appropriating $229,425 from the Land Trust Fund Balance for Excavation and Remediation of Hydrocarbon-Impacted Soils and Playground Equipment Replacement at Nanwalek Elementary/High School (Mayor) (Referred to Finance Committee)

MOTION: Popp moved to enact Ordinance 2001-19-33.

President Navarre called for public comment with none being offered.

VOTE ON MOTION TO ENACT:

Yes: Superman, Long, Moss, Merkes, Martin, Popp, Sprague, Navarre

No: None

Absent: Fischer

MOTION TO ENACT PASSED: 8 Yes, 0 No, 1 Absent

(Tape 3, 1360)

Ordinance 2001-19-34: Appropriating $75,000 for a Study to Examine the Feasibility of a Ferry Service Crossing Kachemak Bay (Mayor) (Referred to Legislative Committee)

[Clerk's note: Assembly Member Long asked to be excused from action on Ordinance 2001-19-34 as he may be a potential bidder on the project.]

MOTION: Merkes moved to enact Ordinance 2001-19-34.

President Navarre called for public comment.

Ken Weaver, City Manager of Seldovia, spoke in favor of Ordinance 2001-19-34.

There being no one else who wished to speak, the public comment period was closed.

MOTION: Popp moved to amend Ordinance 2001-19-34 as follows:

7th Whereas to read, "at its meeting of March 11, 2002, the Kenai Peninsula Borough Planning Commission recommended adoption by a majority vote;

VOTE ON MOTION TO AMEND:

Yes: Superman, Long, Moss, Merkes, Martin, Popp, Sprague, Navarre

No: None

Absent: Fischer

MOTION TO AMEND PASSED: 8 Yes, 0 No, 1 Absent

MOTION: Martin moved to postpone Ordinance 2001-19-34 until April 16, 2002.

VOTE ON MOTION TO POSTPONE:

Yes: Martin

No: Superman, Popp, Moss, Merkes, Sprague, Navarre

Absent: Fischer

Abstain: Long

MOTION TO POSTPONE FAILED: 1 Yes, 6 No, 1 Absent, 1 Abstention

VOTE ON MOTION TO ENACT AS AMENDED:

Yes: Martin

No: Superman, Popp, Moss, Merkes, Sprague, Navarre

Absent: Fischer

Abstain: Long

MOTION TO ENACT AS AMENDED FAILED: 1Yes, 6 No, 1 Absent, 1 Abstention

(Tape 3, 2440)

MOTION: Merkes moved to suspend the rules and extend the legislative deadline by one half hour to midnight.

VOTE ON MOTION TO EXTEND MEETING:

Yes: Martin, Popp, Sprague, Moss, Merkes, Long, Navarre

No: Superman

Absent: Fischer

MOTION TO EXTEND MEETING PASSED: 7 Yes, 1 No, 1 Absent

(Tape 3, 2490)

Ordinance 2001-19-35: Appropriating $300,000 in Spruce Bark Beetle Interest Income to Fund a Cooperative Agreement with Homer Electric Association (HEA) (Mayor) (Referred to Finance Committee)

MOTION: Popp moved to enact Ordinance 2001-19-35.

President Navarre called for public comment with none being offered.

MOTION: Popp moved to amend Ordinance 2001-19-35 as follows:

2nd Whereas to read, "HEA has requested additional funding for right-of-way clearing in the area [BETWEEN THE STERLING HIGHWAY AND] north of the Kenai River [FROM SOLDOTNA TO STERLING];"

3rd Whereas to read, "the Spruce Bark Beetle staff has determined that additional right-of-way clearing is needed in the area [BETWEEN THE STERLING HIGHWAY AND] north of the Kenai River [FROM SOLDOTNA TO STERLING];"

Section 1 to read, "...to fund utility right-of-way clearing in the area [BETWEEN THE STERLING HIGHWAY AND] north of the Kenai River [FROM SOLDOTNA TO STERLING]."

Section 2 to read, "...additional right-of-way clearing in the area [BETWEEN THE STERLING HIGHWAY AND] north of the Kenai River [FROM SOLDOTNA TO STERLING]."

VOTE ON MOTION TO AMEND:

Yes: Superman, Long, Moss, Merkes, Martin, Popp, Sprague, Navarre

No: None

Absent: Fischer

MOTION TO AMEND PASSED: 8 Yes, 0 No, 1 Absent

VOTE ON MOTION TO ENACT AS AMENDED:

Yes: Superman, Long, Moss, Merkes, Martin, Popp, Sprague, Navarre

No: None

Absent: Fischer

MOTION TO ENACT AS AMENDED PASSED: 8 Yes, 0 No, 1 Absent

(Tape 3, 2590)

Ordinance 2001-47: Amending KPB Title 20 "Subdivisions" Providing for the Construction of Roads to Borough Maintenance Standards Prior to Final Plat Approval (Martin) (Referred to Lands Committee) (Fourth of Five Hearings)

[Clerk's Note: There was a motion to enact on the floor from the January 8, 2002 meeting.]

President Navarre called for public comment with none being offered.

MOTION: Martin moved to postpone Ordinance 2001-47 until the next scheduled hearing date of April 16, 2002.

VOTE ON MOTION TO POSTPONE:

Yes: Superman, Martin, Popp, Sprague, Merkes, Long, Moss, Navarre

No: None

Absent: Fischer

MOTION TO POSTPONE PASSED: 8 Yes, 0 No, 1 Absent

(Tape 3, 2680)

Ordinance 2002-06: Amending KPB 12.02.020(B) Regarding Speed Limit Signs (Mayor) (Referred to Lands Committee)

MOTION: Merkes moved to enact Ordinance 2002-06.

President Navarre called for public comment with none being offered.

MOTION: Popp moved to amend Ordinance 2002-06 as follows:

Section 1 to read, "...At least 12 [30] lots must abut and be included in the road..."

VOTE ON MOTION TO AMEND:

Yes: Popp, Moss, Long, Sprague, Martin

No: Merkes, Navarre, Superman

Absent: Fischer

MOTION TO AMEND PASSED: 5 Yes, 3 No, 1 Absent

MOTION: Popp moved to further amend Section 1 to read, "...may be batched and shall be presented quarterly [AT LEAST ONCE ANNUALLY] to the board, or more frequently if required by board policy."

VOTE ON MOTION TO AMEND:

Yes: Popp, Moss, Long, Sprague, Martin, Merkes, Superman, Navarre

No: None

Absent: Fischer

MOTION TO AMEND PASSED: 8 Yes, 0 No, 1 Absent

VOTE ON MOTION TO ENACT AS AMENDED:

Yes: Superman, Long, Moss, Merkes, Martin, Popp, Sprague, Navarre

No: None

Absent: Fischer

MOTION TO ENACT AS AMENDED PASSED: 8 Yes, 0 No, 1 Absent

(Tape 3, 3080)

Ordinance 2002-07: Clarifying the Process for Appeal of Planning Commission Decisions and for Reconsideration of Plat Committee Decisions by the Full Planning Commission (Mayor) (Referred to Lands Committee)

MOTION: Popp moved to enact Ordinance 2002-07.

President Navarre called for public comment with none being offered.

MOTION: Superman moved to postpone Ordinance 2002-07 until April 16, 2002.

VOTE ON MOTION TO POSTPONE:

Yes: Superman, Long, Moss, Merkes, Martin, Popp, Sprague, Navarre

No: None

Absent: Fischer

MOTION TO POSTPONE PASSED: 8 Yes, 0 No, 1 Absent

(Tape 3, 3155)

Ordinance 2002-08: Enacting KPB 14.10.080 to Provide a Review Process for Streets Named by the Planning Commission (Mayor) (Referred to Lands Committee)

MOTION: Popp moved to enact Ordinance 2002-08.

President Navarre called for public comment.

The following people spoke in favor of Ordinance 2002-08:

Rita McCurdy, PO Box 247, Kasilof, AK

Father Macarius Targonsky, PO Box 3427, Kenai, AK

There being no one else who wished to speak, the public comment period was closed.

VOTE ON MOTION TO ENACT:

Yes: Navarre, Long, Merkes, Martin, Popp

No: Sprague, Superman, Moss

Absent: Fischer

MOTION TO ENACT PASSED: 5 Yes, 3 No, 1 Absent

UNFINISHED BUSINESS (Postponed Items)

(Tape 3, 3555)

Resolution 2002-007: Decertifying for Road Maintenance by the Borough Beluga Street, Salmon Road, and Huske Street (Mayor at the Request of the Road Service Area Board) (Referred to Lands Committee)

[Clerk's Note: There was a motion to adopt on the floor from the January 8, 2002 meeting.]

President Navarre called for public comment with none being offered.

Assembly Member Merkes spoke in opposition to Resolution 2002-007, specifically the decertification of Huske Street. Ms. Merkes said this area had been used as a Kenai River boat ramp for over 40 years.

VOTE ON MOTION TO ADOPT:

Yes: Superman, Long, Moss, Martin, Popp, Sprague, Navarre

No: Merkes

Absent: Fischer

MOTION TO ADOPT PASSED: 7 Yes, 1 No, 1 Absent

(Tape 4, 180)

Resolution 2002-024: Approving an Intergovernmental Cooperative Agreement Between the State of Alaska, Department of Natural Resources, Division of Forestry and the Kenai Peninsula Borough on Behalf of Central Emergency Service Area, Nikiski Fire Service Area, Bear Creek Fire Service Area, Anchor Point Fire and Emergency Service Area, and Kachemak Emergency Fire Service Area (Mayor) (Referred to Committee of the Whole)

[Clerk's Note: There was a motion to adopt on the floor from the February 19, 2002 meeting.]

President Navarre called for public comment with none being offered.

MOTION: Popp moved to amend Resolution 2002-024 as follows:

6th Whereas to read, "the borough fire service area boards, enumerated in Section 1 below, have recommended adoption;"

VOTE ON MOTION TO AMEND:

Yes: Superman, Long, Moss, Merkes, Martin, Popp, Sprague, Navarre

No: None

Absent: Fischer

MOTION TO AMEND PASSED: 8 Yes, 0 No, 1 Absent

VOTE ON MOTION TO ADOPT AS AMENDED:

Yes: Superman, Long, Moss, Merkes, Martin, Popp, Sprague, Navarre

No: None

Absent: Fischer

MOTION TO ADOPT AS AMENDED PASSED: 8 Yes, 0 No, 1 Absent

(Tape 4, 240)

Resolution 2002-030: Supporting a Long-Range Fiscal Plan this Year that Ensures a Stable Future for All Alaskans (Martin, Popp, Sprague) (Referred to Legislative Committee)

MOTION: Long moved to adopt Resolution 2002-030.

President Navarre called for public comment with none being offered.

Assembly Members Merkes and Superman spoke in opposition to Resolution 2002-030.

Assembly Member Popp spoke in favor of Resolution 2002-030.

MOTION: Sprague moved to amend Resolution 2002-030 as follows:

Section 2 to read, "That a copy of this resolution shall be provided to Governor Tony Knowles, Senate President Rick Halford, Speaker of the House Brian Porter, Senator Georgianna Lincoln, Representative Carl Morgan,..."

VOTE ON MOTION TO AMEND:

Yes: Navarre, Long, Moss, Martin, Popp, Sprague

No: Superman, Merkes

Absent: Fischer

MOTION TO AMEND PASSED: 8 Yes, 0 No, 1 Absent

VOTE ON MOTION TO ADOPT AS AMENDED:

Yes: Navarre, Long, Moss, Martin, Popp, Sprague

No: Superman, Merkes

Absent: Fischer

MOTION TO ADOPT AS AMENDED PASSED: 6 Yes, 2 No, 1 Absent

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS - None.

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

The next meeting of the Kenai Peninsula Borough Assembly was scheduled for April 2, 2002, at 7:00 p.m. in the Borough Assembly Chambers, Soldotna, Alaska.

ASSEMBLY COMMENTS

Assembly President Navarre wished a Happy Birthday to fellow Assembly Members Fischer and Sprague. Mr. Navarre noted Ed Oberts, Assistant to the Mayor, would also be celebrating a birthday soon.

ADJOURNMENT (Tape 4, 450)

With no further business to come before the assembly, President Navarre adjourned the meeting at 12:00 a.m.

I certify the above represents an accurate summary of the assembly meeting of March 12, 2002.