Assembly meeting minutes

Kenai Peninsula Borough

Assembly Meeting Minutes

April 6, 2004 - 7:00 p.m. Regular Meeting - Soldotna, Alaska

CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on April 6, 2004, in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska. President Sprague 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 Envoy Craig Fanning, Salvation Army, Kenai.

There were present:

Pete Sprague, Presiding

Dan Chay

Paul Fischer

Betty Glick

Ron Long

Milli Martin

Chris Moss comprising a quorum of the assembly.

Absent:

Grace Merkes (excused)

Gary Superman (excused)

Also in attendance were:

Dale Bagley, Borough Mayor

Colette Thompson, Borough Attorney

Linda Murphy, Borough Clerk

Sherry Biggs, Deputy Borough Clerk

COMMITTEE REPORTS (7:03:10)

Assembly Member Moss reported the Finance Committee met and discussed its lengthy agenda.

(7:10:40)

Assembly Member Glick reported the Policies and Procedures Committee met and addressed its agenda items.

Assembly Member Martin said the Lands Committee heard a presentation from Nancy Casey regarding the nomination of the Sterling Highway as a scenic byway and then addressed its agenda item. Ms. Martin noted for the next committee agenda, she had asked the administration to provide reports on the update for the Comprehensive Plan and the borough's grazing leases. Ms. Martin also requested the administration to present recommendations regarding Senator Gary Stevens' recent letter on the Alaska Coastal Management Plan.

Assembly Member Long stated the Legislative Committee met and discussed its agenda and prioritized the borough's 2004 federal funding requests.

MOTION: Long moved to authorize the assembly president to send a letter to the Kenai Peninsula Borough's Congressional Delegation and lobbyist, identifying the 2004 federal projects listed below in priority order:

1) Emergency Operations Center; 2) Emergency Response Equipment; 3) Flood Plain Mapping; 4) Kenai River Center; 5) Work Force Development; 6) Cook Inlet Salmon Branding; 7) Sterling Zip Mart Cleanup; and

2004 Transportation Priorities:

1) Williamsport Dock; 2) Lowell Point Road; 3) Keystone Drive; and 4) West Side Development.

MOTION PASSED: Unanimous.

President Sprague noted the Committee of the Whole met in executive session to conduct the borough clerk's annual evaluation.

APPROVAL OF AGENDA AND CONSENT AGENDA (7:20:07)

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

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

The following item was withdrawn at the request of the sponsor:

Resolution 2004-035: Approving a New Collective Bargaining Agreement (Mayor) (Referred to Policies and Procedures Committee)

The following item was added to the consent agenda:

Ordinance 2003-19-45: Accepting and Appropriating a Grant from the Alaska Division of Homeland Security and Emergency Management in the Amount of $7,500 for Developing Community Emergency Response Teams (Mayor) (Shortened Hearing on 04/20/04)

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

Resolution 2004-033: Awarding a Contract for External Audit Services (Mayor) (Referred to Finance Committee)
Resolution 2004-037: Adopting a Personal Property Tax Return Report Form (Mayor) (Referred to Finance Committee)

The following item was moved from the regular agenda to the consent agenda:

Resolution 2004-034: Certifying the Results of the March 30, 2004 Special By-Mail Borough Election (Sprague at the request of the Borough Clerk) (Referred to Policies and Procedures Committee)

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

March 16, 2004 Regular Assembly Meeting Minutes
Resolution 2004-032: Authorizing Award of a Contract for Third-Party Cost Estimation Services for the Central Peninsula General Hospital Expansion, Remodel and Renovation (Mayor) (Referred to Finance Committee)
Resolution 2004-034: Certifying the Results of the March 30, 2004 Special By-Mail Borough Election (Sprague at the request of the Borough Clerk) (Referred to Policies and Procedures Committee)
Resolution 2004-036: Authorizing the Acceptance of Late-Filed Senior Citizen and Disabled Veteran Exemption Applications (Mayor) (Referred to Finance Committee)
Ordinance 2003-19-42: Appropriating $120,000 from the General Fund for the Replacement of the Gymnasium Floor at Kenai Central High School (Mayor) (Hearing 05/04/04) (Referred to Finance Committee)
Ordinance 2003-19-43: Appropriating $293,091.15 from South Peninsula Hospital Service Area Fund Balance for Interest Amount Due on the South Peninsula Hospital Service Area General Obligation Bonds That Were Sold as Part of the Hospital Improvement Project (Mayor) (Hearing 05/04/04) (Referred to Finance Committee)
Ordinance 2003-19-44: Appropriating $30,000 for Cook Inlet Aquaculture Association for a Coho Enhancement Project in the Homer and Seward Areas (Martin, Moss, Long) (Hearing on 05/04/04) (Referred to Finance Committee)
Ordinance 2003-19-45: Accepting and Appropriating a Grant from the Alaska Division of Homeland Security and Emergency Management in the Amount of $7,500 for Developing Community Emergency Response Teams (Mayor) (Shortened Hearing on 04/20/04)
Ordinance 2004-08: Authorizing a Land Exchange with Offshore Systems - Kenai to Acquire Land to Support the North Peninsula Recreational Service Area Cross-Country Ski Trail (Mayor) (Hearing 05/04/04) (Referred to Lands Committee)
Request for School Name Change (North Star Elementary Proposed to be Changed to Nikiski North Star Elementary) (Referred to Policies and Procedures Committee)

President Sprague called for public comment on consent agenda items with none being offered.

AGENDAS APPROVED AS AMENDED: Unanimous.

COMMENDING RESOLUTIONS AND PROCLAMATIONS (7:26:20)

Assembly Member Long read aloud a commending resolution recognizing Mitch Seavey for his 2004 Iditarod Sled Dog Race victory.

Mayor Bagley proclaimed the month of April 2004 as Sexual Assault Awareness Month and presented a proclamation to Cheri Smith and June Harris of the Women's Resource and Crisis Center.

Borough Clerk Linda Murphy swore in Pastor Phil Edgerly as a newly appointed member of the Statewide Independent Living Council.

PRESENTATIONS WITH PRIOR NOTICE (7:33:22)

Nancy Casey, Casey Planning and Design; Christopher Mertl, Jensen Yorba Lott, Inc. of Juneau; and John Whiteman, Whiteman & Taintor of Boulder, CO sought input on nominating the middle portion of the Sterling Highway (Skilak to Anchor Point) as a scenic byway. A community meeting was scheduled on April 8, 2004.

Loren Smith, General Manager, Arctic Winter Games (AWG) Host Society, provided a quarterly update of activities. Mr. Smith announced the 2006 Arctic Winter Games were officially scheduled for March 5-11, 2006. Bill Popp, AWG Revenue Development Committee, said the Congressional Delegation had just awarded $3.35 Million for various components of the games ,with $2.55 Million designated for collateral capital projects and the remaining $800,000 to be used for operations.

PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA - None.

REPORTS OF COMMISSIONS AND COUNCILS - None.

MAYOR'S REPORT (8:09:20)

Agreements and Contracts

Spruce Bark Beetle Mitigation Program:

Approval of contract with Doug Koch Professional Tree Service for Salmon Run ROW Project
Approval of contract with Doug Koch Professional Tree Service for Sand Dollar ROW Project
Approval of Cooperative Agreement between KPB and Alaska Division of Forestry for hiring the Kenai Fire Crew to increase wildland fire suppression personnel during fire season

Approval of contract with Mike Terwilliger for Wildland Interface Firefighting Instruction

Approval of contract with Enterprises Engineering, Inc. for Nanwalek School Roof Design

Approval of contract with Integrity Surveys for Surveying and Platting KPB land in the Kalifornsky area

Authorizing the Purchase of a Narkomed 6400 Anesthesia Machine for CPGH

Authorizing the Purchase of an OPMI Sensera ENT Microscope with Video for CPGH

Approval of contract with Lee Ireland Consulting for Company Officer & Leadership Development Training for CES

Approval of contract with Steam on Wheels for Sweeping & Removal of Sand & Gravel from Various Borough Facility Parking Lots

Assembly Member Glick asked about the surveying and platting of land in the Kalifornsky Area. Mayor Bagley said he did not have that information available and asked Ms. Glick to seek that information during the day when staff members were present.

President Sprague asked Mayor Bagley if responses had been provided to the assembly's questions from March 16, 2004. Mayor Bagley did not know and said those answers would be provided at a later date.

PUBLIC HEARINGS ON ORDINANCES

(8:13:50) Ordinance 2003-45: Amending KPB Chapter 5.12 to Provide for a Flat Tax on Aircraft (Moss) (Final Hearings) (Referred to Finance Committee)

[Clerks' Note: There was a motion to enact on the floor from the December 16, 2003 meeting.]

President Sprague opened the public hearing.

The following people spoke in favor of Ordinance 2003-45:

Larry Semmens, spoke on behalf of the City of Kenai

Gary Porter, PO Box 3134, Homer, AK

Ruby Kime, Alice Avenue, Ninilchik, AK

Rebecca Cronkhite, 303 Highbush Lane, Kenai, AK, spoke on behalf of the Kenai Airport

The following people spoke in opposition to Ordinance 2003-45:

Tim Smith, PO Box 185, Sterling, AK

Don Ronda, PO Box 832, Homer, AK, spoke on behalf of the Experimental Aircraft Association

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

MOTION TO AMEND: Moss moved to amend Ordinance 2003-45 as follows:

Section 2.C. to read, "Commercial aircraft operated under a regular schedule by a scheduled airline shall be exempt from the flat tax and shall be taxed on a ad valorem basis..."

MOTION TO AMEND PASSED: Without objection.

Assembly Member Moss said the intent of the new fee schedule was to distinguish between commercial and private operators.

Assembly Member Long spoke in favor of Ordinance 2003-45.

MOTION TO AMEND: Fischer moved to amend Ordinance 2003-45 by deleting the annual tax on aircraft less than 2,000 pounds as listed below:

[CLASS 1 LESS THAT 2,000 LBS ANNUAL TAX $50]

VOTE ON MOTION TO AMEND:

Yes: Fischer, Glick

No: Chay, Long, Martin, Moss, Sprague

Absent: Merkes, Superman

MOTION TO AMEND FAILED: 2 Yes, 5 No, 2 Absent

Assembly Member Martin thanked Mr. Moss for his time and effort in reaching a compromise ordinance and encouraged her fellow members to support Ordinance 2003-45.

MOTION TO AMEND: Long moved to amend Ordinance 2003-45 as follows:

Section 2.B. to read, "The owner of record of an aircraft that has [HAVE] been dismantled, destroyed, or crashed..."

MOTION TO AMEND PASSED: Without objection.

VOTE ON MOTION TO ENACT AS AMENDED:

Yes: Chay, Glick, Long, Martin, Moss, Sprague

No: Fischer

Absent: Merkes, Superman

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

NEW BUSINESS (9:06:05)

Resolution 2004-033: Awarding a Contract for External Audit Services (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to adopt Resolution 2004-033.

President Sprague called for public comment with none being offered.

Assembly Member Glick noted she served on the proposal review committee.

VOTE ON MOTION TO ADOPT:

Yes: Chay, Fischer, Glick, Long, Martin, Moss, Sprague

No: None

Absent: Merkes, Superman

MOTION TO ADOPT PASSED: 7 Yes, 0 No, 2 Absent

(9:09:26)

Resolution 2004-037: Adopting a Personal Property Tax Return Report Form (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to adopt Resolution 2004-037.

Assembly Member Moss noted that one of the reporting forms was contingent upon the passage of Ordinance 2003-45.

President Sprague called for public comment with none being offered.

VOTE ON MOTION TO ADOPT:

Yes: Chay, Fischer, Glick, Long, Martin, Moss, Sprague

No: None

Absent: Merkes, Superman

MOTION TO ADOPT PASSED: 7 Yes, 0 No, 2 Absent

(9:11:10)

Resolution 2004-038: Supporting Full Funding for the University of Alaska (Long, Sprague) (Referred to Legislative Committee)

MOTION: Long moved to adopt Resolution 2004-038.

Assembly Member Long said there was no discussion on this item during the Legislative Committee.

President Sprague called for public comment with none being offered.

MOTION TO TABLE: Fischer moved to table Resolution 2004-038.

VOTE ON MOTION TO TABLE:

Yes: Chay, Fischer, Glick, Martin

No: Moss, Sprague, Long

Absent: Merkes, Superman

MOTION TO TABLE FAILED: 4 Yes, 3 No, 2 Absent

The gavel was passed to President Pro Tem Moss as President Sprague made the following amendment:

MOTION TO AMEND: Sprague moved to amend Resolution 2004-038 as follows:

Section 2 to read, "That a copy of this resolution shall be provided to Governor Murkowski, Senator Con Bunde, Senator Georgianna Lincoln, Senator Gary Stevens, Senator Thomas Wagoner, Representative Mike Chenault, Representative Mike Hawker, Representative Carl Morgan, Representative Paul Seaton and Representative Kelly Wolf."

MOTION TO AMEND PASSED: Without objection.

The gavel was returned to Assembly President Sprague.

Assembly Member Fischer suggested the K-12 funding issues be resolved before additional funding was requested for the University of Alaska.

VOTE ON MOTION TO ADOPT AS AMENDED:

Yes: Moss, Sprague, Long

No: Fischer, Chay, Glick, Martin

Absent: Merkes, Superman

MOTION TO ADOPT AS AMENDED FAILED: 3 Yes, 4 No, 2 Absent

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (9:20:49)

Ruby Kime, Alice Avenue, Ninilchik, AK, spoke on the taxation issues that could have been implemented if the school cocurricular funding issue had passed. Ms. Kime also provided information from the U.S. Census Bureau which showed the State of Alaska spent more money per capita than any other state in 2001.

Fred Sturman, PO Box 513, Soldotna, AK, had recently talked with Peninsula legislators on the funding issue for school districts across the state. Mr. Sturman said sometime between 1985 and 1990, the legislature had allocated $100 Million to the Teachers' Retirement System (TRS) and wondered why that program was now in financial need.

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS (9:27:00)

The next meeting of the Kenai Peninsula Borough Assembly was scheduled for April 20, 2004, at 7:00 p.m. in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska.

ASSEMBLY COMMENTS (9:27:15)

Assembly Member Long said a reception with over 500 people in attendance was held at the SeaLife Center to honor Mitch Seavey's performance at the 2004 Iditarod race. Mr. Long thanked his colleagues for their work on the federal priority process. Assembly Member Long stated he would continue to ask questions of the administration, first during committee meetings and then on the record at the evening meeting. Mr. Long noted that tonight's results indicated the Kenai Peninsula Borough did not support education funding at either the K-12 or university levels.

Assembly Member Martin was disappointed by the outcome of the special election. Ms. Martin thanked Mr. Long for his guidance with the Legislative Committee. Assembly Member Martin appreciated the work of Mr. Moss on the aircraft flat tax ordinance. Ms. Martin was concerned about the way the assembly dealt with the Mayor's report. Assembly Member Martin noted that not all assembly members could attend all the committee meetings to seek information from staff members. Ms. Martin said she often asked for staff information via e-mail but noted the public was not being served. Assembly Member Martin suggested placing the mayor's report at the beginning of the agenda so staff members would be available for questions.

Assembly Member Fischer wished everyone a Happy Easter.

Assembly Member Chay thanked the Mayor for issuing a proclamation on Sexual Assault Awareness Month. Mr. Chay said that Alaska had one of the highest rates of domestic violence and sexual assault in the nation, placing a costly burden on the state, the court system , local businesses and the community.

Assembly Member Glick said in the past, she had given the mayor's office prior notice of her questions. Ms. Glick said the assembly was the policy making body and the public needed to be served. Ms. Glick said each assembly member should be provided the same information at the same time. Assembly Member Glick said good informed decisions equated to good government.

Assembly Member Moss said, in his view as an assembly member, he tried to obtain information and make informed decisions. Mr. Moss understood that answers might not be readily available, but it was not an attack on any individual. Assembly Member Moss said the business of the borough should be conducted in an informed manner.

Assembly President Sprague said he consolidated the committee process for the assembly, administration and public in a attempt to gather information. President Sprague said the assembly deserved answers as quickly as possible. Mr. Sprague encouraged everyone to work together. In regards to the cocurricular vote, President Sprague suggested people contact their legislators in Juneau. Education funding was an important component for Alaska's future. President Sprague noted that Deputy Clerk Sherry Biggs had obtained her designation as a certified municipal clerk. Mr. Sprague also thanked Borough Clerk Linda Murphy for her continued exemplary work in the clerk's office.

ADJOURNMENT (9:44:40)

With no further business to come before the assembly, President Sprague adjourned the meeting at 9:44 p.m.

I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of April 6, 2004.

Linda S. Murphy, Borough Clerk

Approved by Assembly: