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Kenai Peninsula Borough Assembly Meeting Minutes |
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June 15, 2004 - 7:00 p.m. Regular Meeting - Soldotna, Alaska |
CALL TO ORDER
A Regular Meeting of the Kenai Peninsula Borough Assembly was held on June 15, 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 Milli 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 (7:03:11)
President Sprague reported the Assembly met in a joint work session with the KPB Planning Commission to discuss the Comprehensive Plan update.
Assembly Member Martin said the Lands Committee heard a report from Dan Bevington on the Coast Zone Management program and then discussed its agenda items.
President Sprague reported the Finance Committee heard a presentation from representatives of the Alaska Permanent Capital group regarding the status of borough investments. The Committee then discussed its lengthy agenda.
Assembly Member Glick said the Policies and Procedures Committee met and reviewed the current Assembly Manual and discussed assembly member business cards. The Committee then discussed its agenda item.
APPROVAL OF AGENDA AND CONSENT AGENDA (7:24:17)
MOTION TO APPROVE AGENDAS: Long 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:
The following items were added to the regular agenda:
MOTION: Merkes moved to add Resolution 2004-064 to the regular agenda.
VOTE ON ADDING RESOLUTION 2004-064
TO THE REGULAR AGENDA:
Yes: Long, Martin, Merkes, Moss, Superman, Sprague
No: Fischer, Chay, Glick
Absent: None
MOTION PASSED: 6 Yes, 3 No, 0 Absent
MOTION: Martin moved to add Resolution 2004-065 to the regular agenda.
VOTE ON ADDING RESOLUTION 2004-065
TO THE REGULAR AGENDA:
Yes: Long, Martin, Merkes, Moss, Superman, Sprague
No: Fischer, Chay, Glick
Absent: None
MOTION PASSED: 6 Yes, 3 No, 0 Absent
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: The following technical amendment was made to Resolution 2004-061:
Final Whereas to read, "at it meeting of June 14, 2004, the planning commission recommended adoption by unanimous consent;
[Clerk's Note: Ordinance 2003-19-55 was renumbered to Ordinance 2004-19-02 to reflect the new budget year.]
[Clerk's Note: The Planning Commission approved the above referenced vacation during its regularly scheduled May 24, 2004 meeting.]
President Sprague called for public comment on consent agenda items with none being offered.
AGENDAS APPROVED AS AMENDED: Unanimous.
COMMENDING RESOLUTIONS AND PROCLAMATIONS - None.
PRESENTATIONS WITH PRIOR NOTICE - None.
PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA - None.
REPORTS OF COMMISSIONS AND COUNCILS - None.
MAYOR'S REPORT (7:38:09)
Agreements and ContractsSpruce Bark Beetle Mitigation Program:
Approval of contract with Segesser Surveys for Johnson Lake #2 Surveying Project
Approval of contract with Whitford Surveying for Beluga Landfill Site Survey
Approval of contract with Commercial Contractors, Inc., for Installation of Automatic Door Openers at Homer, Seward and Skyview High Schools
Approval of contract with McLane Consulting Group for Phase II Testing and Inspection at Seward Middle School
Approval of contract with Smith Well Drilling, Inc. to Drill Water Well at Ninilchik Elementary School
Approval of contract with McGowan Computer Associates for Software Conversion to Windows SQL Environment for Sales Tax, Delinquent Accounts and Special Assessments Systems
Approval of contract with T&C Enterprises for excavation of mud and debris at Homer High School
Approval of contract with RenoSys Corporation for flooring installation at Seward High School Pool Locker Rooms
Approval of sole source with Motorola for purchase of Quantar Radio Repeater for CES
Other
Litigation Status Report
Capital Projects Progress Report
Budget Revisions and Revenue Expenditure Report - May 2004
Mayor Bagley noted an item, KPB & KPBSD v. People Count, Inc., was inadvertently omitted from the Litigation Status Report and copies were provided to the assembly.
PUBLIC HEARINGS ON ORDINANCES
(7:39:20) Ordinance 2003-19-50: Accepting and Appropriating a Grant from the U. S. Department of Interior, Bureau of Land Management, in the Amount of $10,000 for Research and Mapping of Section Line Easements (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2003-19-50.
Assembly President Sprague said this was a continuation of an existing grant from the Bureau of Land Management.
President Sprague called for public comment with none being offered.
MOTION TO ENACT PASSED: Unanimous.
(7:42:19)
Ordinance 2003-19-51: Accepting and Appropriating $7,100 from the Alaska Division of Homeland Security and Emergency Management for the Kenai Peninsula Borough Local Emergency Planning Committee (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2003-19-51.
Assembly President Sprague stated the money would provide for the continued operations of the Local Emergency Planning Committee (LEPC) to the end of the budget year.
President Sprague called for public comment with none being offered.
MOTION TO ENACT PASSED: Unanimous.
(7:43:35)
Ordinance 2003-19-52: Appropriating Supplemental Funding in the Amount of $87,500 to Cover Costs Associated with Board of Equalization Hearings (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2003-19-52.
Assembly President Sprague said extra costs were incurred by the Assessing Department and the Legal Department during this fiscal year.
President Sprague opened and closed the public comment period with none being offered. The gavel was passed to Vice President Superman.
MOTION TO AMEND: Sprague moved to amend Ordinance 2003-19-52 as follows:
Second Whereas to read, "it is estimated that the borough's legal department will incur an additional $22,500 [$22,000] in costs..."
Section 1 to read, "...and account 100.11310.43011 in the amount of $22,500 [$22,000] to cover the costs associated with the BOE hearings."
MOTION TO AMEND PASSED: Without objection.
The gavel was returned to President Sprague.
Assembly Member Merkes asked if these would become reccurring costs each year. Director of Assessing Shane Horan said it would continue to be an unknown figure, depending on the appeals filed each year and the level of legal assistance needed.
MOTION TO ENACT AS AMENDED PASSED: Unanimous.
(7:48:55)
Ordinance 2003-19-54: Appropriating Supplemental Funding to Cover Health Insurance Costs in Excess of Budgeted Amounts (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2003-19-54.
MOTION TO AMEND BY SUBSTITUTION: Martin moved to amend Ordinance 2003-10-54 by substitution.
Assembly Member Martin said there were numerous changes in costs and percentages to cover health insurance increases and the Mayor's Substitute incorporated those changes.
MOTION TO AMEND BY
SUBSTITUTION PASSED: Unanimous.
President Sprague called for public comment on the Mayor's Substitute with none being offered.
MOTION TO ENACT SUBSTITUTE PASSED: Unanimous.
(7:56:28)
Ordinance 2004-12 (Mayor's Substitute): Amending Service Area Code Provisions Regarding Appointment of Administrators (Mayor) (Referred to Policies and Procedure Committee)
[Clerk's Note: There was a motion to enact on the floor from the May 18, 2004 meeting.]
Assembly Member Glick said input and recommendations were sought from all service areas.
President Sprague called for public comment with none being offered.
MOTION TO AMEND: Martin moved to delete the final whereas in its entirety as shown below:
[WHEREAS, THE SERVICE AREA BOARDS HAVE RECOMMENDED AS FOLLOWS:
CENTRAL KENAI PENINSULA HOSPITAL SERVICE AREA:
NIKISKI FIRE SERVICE AREA:
NORTH PENINSULA RECREATION SERVICE AREA:
KACHEMAK EMERGENCY SERVICE AREA:
SOUTH KENAI PENINSULA HOSPITAL SERVICE AREA:
BEAR CREEK FIRE SERVICE AREA:
CENTRAL EMERGENCY SERVICE AREA:
CENTRAL PENINSULA EMERGENCY MEDICAL SERVICE AREA:
KENAI PENINSULA BOROUGH ROAD SERVICE AREA:
LOWELL POINT EMERGENCY SERVICE AREA:
SEWARD-BEAR CREEK FLOOD SERVICE AREA:
ANCHOR POINT FIRE AND EMERGENCY MEDICAL SERVICE AREA:
NIKISKI SENIOR SERVICE AREA:]
MOTION PASSED: Without objection.
Assembly Member Moss noted the South Peninsula Hospital Service Area Board was in opposition to Ordinance 2004-12 (Mayor's Substitute).
Assembly Member Glick also said the North Peninsula Recreation Service Area had comments regarding appointments.
(8:06:07)
Assembly Member Superman asked for clarification on "partially exempt personnel in Title 3 of the Kenai Peninsula Borough Code of Ordinances." Borough Attorney Colette Thompson said it referred to "Appendix A" personnel.
MOTION TO POSTPONE: Chay moved to postpone Ordinance 2004-12 (Mayor's Substitute) until July 6, 2004.
VOTE ON MOTION TO POSTPONE:
Yes: Chay, Fischer, Glick, Merkes, Moss, Superman
No: Long, Martin, Sprague
Absent: None
MOTION TO POSTPONE PASSED: 6 Yes, 3 No, 0 Absent
(8:15:56)
Ordinance 2004-15: Authorizing Retention or Sale of Certain Real Property Obtained by the Kenai Peninsula Borough Through Tax Foreclosure Proceedings (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2004-15.
President Sprague called for public comment with none being offered. The gavel was passed to Vice President Superman.
MOTION TO AMEND: Sprague moved to amend Ordinance 2004-15 as follows:
Final Whereas to read, "the Planning Commission conducted a public hearing on May 24, 2004 and recommended enactment of the ordinance by unanimous consent;
MOTION TO AMEND PASSED: Without objection.
MOTION TO AMEND: Sprague moved to amend Section 5 to read, "That the Assembly authorizes the Borough to conduct an outcry auction of the tax foreclosed real property to be held on October 2, 2004 [September 18, 2004], in the Assembly Chambers..."
MOTION TO AMEND PASSED: Without objection.
MOTION TO AMEND: Sprague moved to further amend Ordinance 2004-15 as follows:
Delete Parcel Nos. 014-220-17 and 159-561-14 as taxes had been paid on these parcels.
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Sprague moved to amend Ordinance 2004-15 as follows:
Parcel Nos. 039-123-22 and 043-100-23 be deleted from "Parcels to be Retained for a Public Purpose" in Section 1 and moved to Attachment A, "Parcels to be Sold at Outcry Auction" as noted in Section 2.
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Sprague moved to amend Ordinance 2004-15 as follows:
Parcel 174-061-06 to be moved from the outcry auction list and listed under Section 1, "Parcels to be Retained for a Public Purpose."
MOTION TO AMEND PASSED: Unanimous.
The gavel was returned to Assembly President Sprague.
MOTION TO ENACT AS AMENDED PASSED: Unanimous.
(8:23:58)
Ordinance 2004-17: Amending KPB Chapter 5.18 to Exempt from the Sales Tax Oil Spill Related Services Provided by Certain Types of Nonprofit Organizations (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2004-17.
Assembly President Sprague said the ordinance would exempt from Sales Tax work performed by Cook Inlet Spill Prevention and Response, Inc. (CISPRI) and other like organizations.
President Sprague called for public comment with none being offered.
The gavel was passed to Vice President Superman. President Sprague spoke in opposition to Ordinance 2004-17. The gavel was returned to Assembly President Sprague.
Assembly Member Glick noted there was recent talk of addressing sales tax code issues and suggested the matter be addressed at that time.
Assembly Member Martin said these companies provided valuable services to the borough and spoke in favor of the ordinance.
Assembly Member Long asked for a fiscal note. Mayor Bagley said this exemption represented approximately $1,200 of taxes collected annually.
VOTE ON MOTION TO ENACT:
Yes: Chay, Long, Martin, Merkes, Moss, Superman
No: Fischer, Glick, Sprague
Absent: None
MOTION TO ENACT PASSED: 6 Yes, 3 No, 0 Absent
NEW BUSINESS (8:31:55)
Resolution 2004-064: Authorizing Award of Contracts for Summer and Winter Road Maintenance in the Central and South Regions of the Road Service Area (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to adopt Resolution 2004-064.
Assembly President Sprague said new contracts needed to be in place by July 1, 2004, necessitating the laydown resolution.
President Sprague called for public comment with none being offered.
Assembly Member Merkes asked where the units were located within the Cental Region. Roads Director Gary Davis provided the following information:
Unit 6 - From K Beach Road (Poppy Lane) to Bridge Access Road
Unit 7 - From Bridge Access Road to intersection of Sterling Highway (Kasilof area)
Unit 8 - From Trooper's Station down Sterling Highway (Kasilof area)
Unit 11- From Trooper's Station to Poppy Lane (including Echo Lake/Oil Well Road)
Assembly Member Glick asked why the proposal amounts and bid information were not included with the laydown resolution. Mr. Davis said that was handled by the Purchasing Department. Ms. Glick was concerned that the formal bidding process was bypassed. Purchasing Director Mark Fowler noted there was no request to waive the formal process. There was a difference between Requests for Proposals (RFPs) and an invitation to bid. Mr. Fowler said the invitations to bid did required equipment lists, management plans for handling multiple units and a predefined scope of work.
Assembly Member Martin said she has seen previous scoring sheets on other requests for proposals. Mr. Fowler again said there was a difference between an RFP and an invitation to bid. Borough Code stated bid amounts could not be disclosed until a contract was finalized.
Assembly President Sprague said there had been a number of laydown items in the past few years and asked if the resolution could be postponed. Roads Director Davis said contract extensions with the existing operators could be pursued.
Assembly Member Long spoke in favor of Resolution 2004-064.
Assembly Member Moss asked about the appeal process for other bidders. Mr. Fowler said the appeal deadline had passed.
VOTE ON MOTION TO ADOPT:
Yes: Chay, Fischer, Long, Martin, Merkes, Moss, Superman, Sprague
No: Glick
Absent: None
MOTION TO ADOPT PASSED: 8 Yes, 1 No, 0 Absent
(8:55:01)
Resolution 2004-060: Transferring Unencumbered Balances Between Line Items within the Assembly Budget to Cover Health Insurance Costs in Excess of Budgeted Amounts (Sprague) (Referred to Finance Committee)
MOTION: Moss moved to adopt Resolution 2004-060.
Assembly President Sprague stated the other borough departments' health care increases were addressed under Ordinance 2003-19-54. The assembly's portion required separate action.
President Sprague called for public comment with none being offered. The gavel was passed to Vice President Superman.
MOTION: Sprague moved to amend Resolution 2004-060 as follows:
First Whereas to read, "health insurance cost for the Borough has been 45% [25%] higher than budgeted for Fiscal Year 2004; and"
Second Whereas to read, "it is estimated that the Assembly will need to increase their line item for health insurance in the amount of $36,000 [$31,000] to cover the additional cost; and"
Section 1 to read, "...$14,000 [$10,000] is transferred from travel in state, account number 100.11110.43216;..."
Section 4 to be renumbered correctly to Section 2.
MOTION TO AMEND PASSED: Without objection.
The gavel was returned to President Sprague.
KPB Controller Craig Chapman said the figures did not add up correctly and an additional $1,000 was needed.
MOTION TO AMEND: Martin moved to amend Section 1 to read, "...$15,000 [$14,000] is transferred from travel in state, account number 100.11110.43216;..."
MOTION TO AMEND PASSED: Without objection
MOTION TO ADOPT AS AMENDED PASSED: Unanimous.
(9:03:10)
Resolution 2004-062: Authorizing the Sole Source Purchase of a Unisys Applications Server Package (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to adopt Resolution 2004-062.
President Sprague opened and closed the public comment period with none being offered.
Assembly Member Glick asked about the life expectancy of the equipment. General Services Director Richard Campbell said this would be the last time the borough would be committed to purchase Unisys equipment and related software. Mr. Campbell said this would address the borough's needs for approximately three years. The School District may need to relicense the software for an additional two years if they had not removed themselves from the Unisys platform at that time.
MOTION TO ADOPT PASSED: Unanimous.
(9:06:30)
Resolution 2004-065: Authorizing the Acquisition of the Underlying Interest of Certain Lands Adjacent to the Central Peninsula General Hospital (Mayor) (Referred to Lands and Finance Committees)
MOTION: Martin moved to adopt Resolution 2004-065.
Assembly Member Martin said the land was needed for the current hospital expansion project.
President Sprague opened and closed the public comment period with none being offered.
MOTION TO AMEND: Martin moved to amend Resolution 2004-065 as follows:
Final Whereas to read, "the KPB Planning Commission at its regularly scheduled meeting of June 14, 2004 recommended enactment by unanimous consent;"
MOTION TO AMEND PASSED: Without objection.
VOTE ON MOTION TO ADOPT AS AMENDED:
Yes: Chay, Fischer, Long, Martin, Merkes, Moss, Superman, Sprague
No: Glick
Absent: None
MOTION TO ADOPT AS AMENDED PASSED: 8 Yes, 1 No, 0 Absent
PUBLIC COMMENTS AND PUBLIC PRESENTATIONS - None.
ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS (9:11:22)
The next meeting of the Kenai Peninsula Borough Assembly was scheduled for July 6, 2004, at 7:00 p.m. in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska.
ASSEMBLY COMMENTS (9:11:50)
Assembly Member Chay said he would be watching supplemental budget requests during the next fiscal year. Mr. Chay reminded his fellow assembly members of the need to address sales tax issues.
Assembly Member Glick voted in opposition to the laydown resolutions in principal only. Ms. Glick said there was a Local Emergency Planning Committee meeting scheduled for June 16, 2004. Assembly Member Glick attended a recent Arctic Winter Games Board Meeting and heard updates from all the standing committees.
Assembly Member Merkes said there was a Scenic Byway meeting scheduled for June 18, 2004, at 7:00 p.m. at the Sterling Senior Center. Ms. Merkes announced the Red Cross Golf Tournament was scheduled for July 3rd.
Assembly Member Martin thanked her fellow assembly members for their support of Resolution 2004-061, continuing the borough office in Homer. Ms. Martin had attended the dedication ceremony for the Seldovia Boys & Girls Club.
Assembly Member Moss wished everyone a Happy Fourth of July.
Assembly Member Long thanked President Sprague for his hard work with the budget process. Mr. Long reminded everyone of the Mt. Marathon Race in Seward on July 4.
Assembly Member Superman said the "Family Fun in the Midnight Sun" event was scheduled for June 19-20 in Nikiski.
Assembly President Sprague announced he would be traveling to Washington, D.C. , June 21-22 to attend the National Association of Counties, Western Interstate Region's fly-in on Payment in Lieu of Taxes (PILT). Mr. Sprague also planned to meet with the borough's lobbyist and congressional delegation.
ADJOURNMENT (9:22:50)
With no further business to come before the assembly, President Sprague adjourned the meeting at 9:22 p.m.
I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of June 15, 2004.