Kenai Peninsula Borough

Assembly Meeting Minutes

May 18, 2004 - 7:00 p.m. Regular Meeting - Soldotna, Alaska

CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on May 18, 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 Assembly Member Martin.

There were present:

Pete Sprague, Presiding

Dan Chay

Paul Fischer

Betty Glick

Ron Long

Milli Martin

Grace Merkes

Chris Moss

Gary Superman comprising a quorum of the assembly.

Also in attendance were:

Dale Bagley, Borough Mayor

Colette Thompson, Borough Attorney

Linda Murphy, Borough Clerk

Sherry Biggs, Deputy Borough Clerk

COMMITTEE REPORTS (7:02:00)

Assembly Member Superman reported on the May 10 public hearing in Nikiski regarding the proposed law enforcement service area.

Assembly Member Glick reported the Policies and Procedures Committee met in executive session to discuss the borough clerk's annual evaluation. The Committee adjourned from executive session and discussed the assembly manual and the Borough Code. The Policies and Procedures Committee then addressed its agenda items and went back into executive session at 6:00 p.m.

Assembly Member Moss reported the Finance Committee discussed its lengthy agenda. The Committee recessed and scheduled a teleconference for May 24, 2004 to continue discussions regarding the contract with Mikunda Cottrell & Company, the firm selected to conduct the annual audit.

MOTION: Moss moved to appoint the Finance Committee to serve as the Audit Committee to work with the current auditor.

MOTION PASSED: Unanimous.

Assembly Member Martin said the Lands Committee discussed its agenda items.

APPROVAL OF AGENDA AND CONSENT AGENDA (7:22:38)

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 moved from the consent agenda to the regular agenda:

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.

[Clerk's Note: Assembly Member Moss abstained from any discussion and voting on Resolution 2004-048 due to a prior noted conflict of interest.]

[Clerk's Note: The following technical amendment was made to Resolution 2004-049: Final Whereas to read, "the KPB Planning Commission at its regularly scheduled meeting of May 10, 2004 recommended adoption by unanimous consent;"]

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled April 26, 2004 meeting.]

President Sprague called for public comment on consent agenda items.

Ik Icard, Icard Consulting Services, LLC, spoke on the Kodiak-Kenai Fiber Optic Project and urged support of Resolution 2004-050.

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

AGENDAS APPROVED AS AMENDED: Unanimous.

COMMENDING RESOLUTIONS AND PROCLAMATIONS (7:42:03)

Mayor Bagley declared the week of May 16-22, 2004 as Emergency Medical Services Week and presented proclamations to representatives from the Nikiski Fire Service Area and the Central Emergency Service Area.

PRESENTATIONS WITH PRIOR NOTICE - None.

PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (7:46:02)

Richard Warrington, spoke on the upcoming Brain Awareness Walk, scheduled for June 5, 2004.

REPORTS OF COMMISSIONS AND COUNCILS - None.

MAYOR'S REPORT (7:47:58)

Agreements and Contracts

Spruce Bark Beetle Mitigation Program:

Approval of contract with Steve Rutherford Floor Covering for North Star Elementary School Flooring Replacement

Approval of sole source contract with McGowan Computer Associates for Software Conversion Services

Other

Memo from Barbara Olson, Kenai Peninsula Employees Association (KBEA) Scholarship Chairperson announcing the 2004 KBEA Scholarship Recipients

Kenai Peninsula Small Business Development Center - Quarterly Report - January 1, 2004 through March 31, 2004

Budget Revisions and Revenue Expenditure Reports - April 2004

Assembly Member Glick asked Mayor Bagley for a status report on the cross country trail system at the Seward High School. Mayor Bagley said it was now understood that the trail system would become a school function and the project was progressing.

PUBLIC HEARINGS ON ORDINANCES

(7:49:40) Ordinance 2003-19-46: Appropriating $175,000 in Supplemental Funding from the Borough Equipment Replacement Fund to Purchase a New Point of Sale System for the School District (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2003-19-46.

Assembly Member Moss said the system would track meals sold at various schools to qualify for federal funding.

President Sprague called for public comment with none being offered.

MOTION TO ENACT PASSED: Unanimous.

(7:51:35)

Ordinance 2003-19-47: Appropriating $585,000 from the South Peninsula Hospital Service Area Fund Balance to Provide Supplemental Funding to Cover Losses on Operations of the South Peninsula Hospital (Mayor at the request of the South Peninsula Hospital Service Area Board) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2003-19-47.

Assembly Member Moss said an unanticipated revenue shortfall required supplemental funding to cover current losses.

President Sprague opened and closed the public comment period with none being offered.

MOTION TO ENACT PASSED: Unanimous.

(7:54:20)

Ordinance 2003-19-48: Accepting and Appropriating $168,000 from the Alaska Department of Environmental Conservation to Purchase Decontamination Showers and Trailers and Associated Equipment (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2003-19-48.

Assembly Member Moss said state funding was available to establish decontamination systems in the Central Peninsula and Seward area.

President Sprague opened the public comment period with none being offered.

MOTION TO AMEND: Moss moved to amend Ordinance 2003-19-48 as follows:

Title to read, "An Ordinance Accepting and Appropriating $121,453 [$168,000] from the Alaska Department of Environmental Conservation to Purchase Decontamination Systems [SHOWERS] and Trailers and Associated Equipment"

Section 1 to read, "That the mayor is authorized to accept grant funds in the amount of $121,453 [$168,000] from the Alaska Department of Environmental Conservation from the purchase of two additional decontamination systems [SHOWERS] and trailers, and decontamination equipment for these two systems [SHOWERS] and trailers and the third unit previously funded..."

Section 2 to read, "That grant funds in the amount of $121,453 [$168,000] are appropriated to Account No. 271.00000.4HMLS.34114."

MOTION TO AMEND PASSED: Without objection.

MOTION TO AMEND: Moss moved to further amend Ordinance 2003-19-48 as follows:

Fifth Whereas to read, "following subsequent discussion between borough personnel, the DEC, and the State Haz-Mat Response Advisory Board, the DEC has agreed to provide additional funding for one more trailer and associated equipment [IN THE AMOUNT OF $44,000, THE BULK OF THE EQUIPMENT PREVIOUSLY REQUESTED] for both the central peninsula system and the Seward system [IN THE AMOUNT OF $46,000] and [$78,000] to purchase a fully operational system including necessary equipment to be located in Homer; and"

MOTION TO AMEND PASSED: Without objection.

MOTION TO ENACT AS AMENDED PASSED: Unanimous.

(7:59:44)

Ordinance 2004-09: Adopting a Revised Comprehensive Plan for the City of Kenai (Mayor) (Referred to Policies and Procedures Committee)

MOTION: Glick moved to enact Ordinance 2004-09.

President Sprague called for public comment.

The following person spoke in favor of Ordinance 2004-09:

Carl Glick, 1601 E. Aliak Street, Kenai, AK, spoke on behalf of the Kenai Planning Commission.

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

MOTION TO ENACT PASSED: Unanimous.

(8:04:47)

Ordinance 2004-10: Establishing the Nikiski Law Enforcement Service Area (Superman) (First of Two Hearings) (Referred to Policies and Procedures Committee)

MOTION: Glick moved to enact Ordinance 2004-10.

President Sprague opened the public comment period.

The following people spoke in favor of Ordinance 2004-10:

Sam McLane, 36745 Chinulna Point, Kenai, AK

Mike Peek, 53687 Ray Court, Nikiski, AK

Audrey Johnson, PO Box 8226, Nikiski, AK

Nikki Byer (sp), 59981 Kenai Spur, Nikiski, AK

Sherry Heath, 47714 Interlake Drive, Nikiski, AK

The following people spoke in opposition to Ordinance 2004-10:

Vicki Pate, PO Box 7447, Nikiski, AK

Dave Machado, 48860 Holt-Lamplight Road, Nikiski, AK

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

MOTION TO POSTPONE: Glick moved to postpone Ordinance 2004-10 until the next scheduled public hearing date of June 1, 2004.

MOTION TO POSTPONE PASSED: Unanimous.

(8:30:55)

Ordinance 2004-11: Repealing KPB Chapter 14.32, Deleting References to KPB 14.32 in Other Areas of the Code, and Amending KPB Chapter 14.31 Relating to Road Improvement Assessment Districts (Mayor) (Referred to Policies and Procedures Committee)

MOTION: Glick moved to enact Ordinance 2004-11.

Assembly Member Glick said Ordinance 2004-11 raised the maximum borough match for road improvement districts.

President Sprague opened the public comment period.

The following people spoke in favor of Ordinance 2004-11:

Porter Pollard, PO Box 977, Soldotna, AK

Jim Hart, PO Box 1826, Soldotna, AK

Sam McLane, 36745 Chinulna Point, Kenai, AK, spoke on behalf of the Road Service Area Board

Luke Wells, 48300 Vandenberg Court, Soldotna, AK

The following person spoke in opposition to Ordinance 2004-11:

Fred Sturman, PO Box 513, Soldotna, AK

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

MOTION: Glick moved to amend Ordinance 2004-11 as follows:

Add the following as the last three whereas clauses:

"Whereas, at its May 12, 2004 meeting the RSA board recommended enactment of this ordinance; and

Whereas, the RSA board supports a level of funding consistent with the terms of this ordinance; and

Whereas, pursuant to KPB 14.31.055(E), the RSA board will adopt procedures implementing the match program based on relevant criteria, including funding levels;"

MOTION TO AMEND PASSED: Without objection.

MOTION TO ENACT AS AMENDED PASSED: Unanimous.

(8:57:25)

Ordinance 2004-12: Amending Service Area Code Provisions Regarding Appointment of Administrators (Mayor) (Referred to Policies and Procedure Committee)

Ordinance 2004-12 (Mayor's Substitute): Amending Service Area Code Provisions Regarding Appointment of Administrators

MOTION: Glick moved to enact Ordinance 2004-12.

Assembly Member Glick said a substitute was forthcoming.

MOTION: Glick moved to amend Ordinance 2004-12 by substitution.

MOTION TO AMEND BY

SUBSTITUTION PASSED: Unanimous.

Assembly Member Glick stated all the service area boards had not reviewed the ordinance and a postponement was anticipated.

President Sprague called for public comment.

The following person spoke in opposition to Ordinance 2004-12 (Mayor's Substitute):

Vicki Pate, PO Box 7447, Nikiski, AK

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

MOTION TO POSTPONE: Glick moved to postpone Ordinance 2004-12 (Mayor's Substitute) until June 15, 2004.

MOTION TO POSTPONE PASSED: Unanimous.

(9:05:24)

Ordinance 2004-13: Amending KPB 5.18.430, Sales Tax Computation - Maximum Tax, by Increasing it from $500 to $1,000 (Mayor) (First of Two Hearings) (Referred to Policies and Procedures Committee)

MOTION: Glick moved to enact Ordinance 2004-13.

President Sprague called for public comment.

The following people spoke in opposition to Ordinance 2004-13:

Herman Fandel, 702 Lawton Drive, Kenai, AK

Irene Fandel, 702 Lawton Drive, Kenai, AK

Don Johnson, PO Box 876, Soldotna, AK

Vicki Pate, PO Box 7447, Nikiski, AK

John Whitman, PO Box 3455, Soldotna, AK

Fred Sturman, PO Box 513, Soldotna, AK

James Price, PO Box 7043, Nikiski, AK

The following person spoke in favor of Ordinance 2004-13:

Mike Peek, 53687 Ray Court, Nikiski, AK

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

MOTION TO POSTPONE: Glick moved to postpone Ordinance 2004-13 until the next scheduled hearing date of June 1, 2004.

MOTION TO POSTPONE PASSED: Unanimous.

(9:42:09)

Ordinance 2004-19: Appropriating Funds for the Fiscal Year 2004-2005 (Mayor) (First of Two Hearings) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19.

Assembly Member Moss said Ordinance 2004-19 set the amount of funding for Fiscal Year 2005.

President Sprague called for public comment.

The following people commented on the $815,000 designated for the North Peninsula Recreation Service Area to renovate Nikiski Elementary School for use as a community center:

Susan Kovitch (sp), 46735 Mott Circle, Nikiski, AK,

Vicki Pate, PO Box 7447, Nikiski, AK,

Mike Peek, 53687 Ray Court, Nikiski, AK

Dave Machado, 48860 Holt-Lamplight Road, Nikiski, AK

Terry Berger, Community College Drive, Soldotna, AK

John Earle (sp), 51980 Heartsdale Drive, Nikiski, AK

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

MOTION TO POSTPONE: Moss moved to postpone Ordinance 2004-19 until the next scheduled hearing date of June 1, 2004.

MOTION TO POSTPONE PASSED: Unanimous.

NEW BUSINESS (10:10:04)

Resolution 2004-051: Supporting the Designation of the Sterling Highway as a State Scenic Byway Between Skilak Road and Anchor Point by the Alaska Department of Transportation and Public Facilities (Martin) (Referred to Lands Committee)

MOTION: Martin moved to adopt Resolution 2004-051.

President Sprague opened the public comment period.

At the request of Assembly Member Martin, Nancy Casey, 34360 Sienna Circle, Soldotna, AK, was available to answer questions regarding Resolution 2004-051.

Assembly Member Martin asked about regulations, zoning and estimated costs to the borough. Ms. Casey explained the only regulations referred to billboards and the State of Alaska already limited signage.

Assembly Member Merkes asked about the development of the management plan. Ms. Casey said the plan would focus on recreational tourism opportunities.

Assembly Member Fischer requested a copy of the completed application, prior to submittal. Ms. Casey said she would provide that.

The following person spoke in opposition to Resolution 2004-051:

Joyce Fischer, Mile 107 Sterling Highway, Kasilof, AK

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

MOTION TO POSTPONE: Glick moved to postpone Resolution 2004-051 until July 6, 2004.

VOTE ON MOTION TO POSTPONE:

Yes: Chay, Glick, Fischer, Long, Martin, Merkes, Superman

No: Moss, Sprague

Absent: None

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

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (10:38:01)

Fred Sturman, PO Box 513, Soldotna, AK, spoke on PERS funding and recent increases to health insurance, workers compensation insurance and retirement for the City of Soldotna.

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS (10:45:05)

ASSEMBLY COMMENTS (10:45:30)

Assembly Member Fischer noted Kurt Olson, a candidate for State House, was in attendance.

Assembly Member Merkes appreciated that the budget sessions were conducted in a timely fashion.

Assembly Member Moss congratulated the Homer High School Girls Soccer Team for winning the regional playoffs and wished them well at the state competition.

Assembly Member Martin said she would be attending the first-ever graduation ceremony at Kachemak Selo High School.

Assembly Member Long thanked the administration for following up on the trails system at the Seward High School.

Assembly Member Superman spoke on the difference between the issues requiring a vote (the proposed law enforcement service area and new fire station for the Nikiski Fire Service Area) and the initiative petitions in circulation regarding the North Peninsula Recreation Service Area. Mr. Superman felt the North Peninsula Recreation Service Area Board had followed the Borough Code and had acted responsibly in the development of a community center. Assembly Member Superman stressed the Nikiski area was facing several quality of life issues and hoped the community would be proactive and not reactive.

Assembly President Sprague thanked the assembly for their attendance and effort during the budget work sessions. President Sprague appreciated the participation from the public at tonight's meeting.

ADJOURNMENT (10:55:00)

With no further business to come before the assembly, President Sprague adjourned the meeting at 10:55 p.m.

I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of May 18, 2004.


Linda S. Murphy, Borough Clerk

 

Approved by Assembly: