CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on July 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 Pastor Chuck Thornton, Peninsula Grace Brethren, Soldotna.

There were present:

Pete Sprague, Presiding

Dan Chay

Paul Fischer

Betty Glick

Ron Long

Milli Martin

Grace Merkes

Gary Superman comprising a quorum of the assembly.

Absent:

Chris Moss (excused)

Also in attendance were:

Dale Bagley, Borough Mayor

Colette Thompson, Borough Attorney

Linda Murphy, Borough Clerk

Sherry Biggs, Deputy Borough Clerk

COMMITTEE REPORTS (7:02:20)

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

Assembly Member Superman reported the Finance Committee met and 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 and borough email addresses for assembly members. The Committee then discussed its agenda items.

APPROVAL OF AGENDA AND CONSENT AGENDA (7:38:14)

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

• Resolution 2004-069: Approving a New Collective Bargaining Agreement (Mayor) (Referred to Policies and Procedures Committee)
• Ordinance 2004-21: Providing for a Vote on the Question of Adopting a Manager Plan of Government at the Next Regular Election (Glick) (Hearing on 08/03/04) (Referred to Policies and Procedures Committee)

The following items were added to the consent agenda:

• A Resolution Commending Tela O'Donnell for Qualifying for the 2004 Summer Olympics (Martin, Moss)
• A Resolution Commending Stacey Borgman For Qualifying for the 2004 Summer Olympics (Martin, Moss)

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.

• June 8, 2004 Board of Equalization Hearing Minutes
• June 14, 2004 Special Assembly Meeting Minutes
• June 15, 2004 Regular Assembly Meeting Minutes
• A Resolution Commending Tela O'Donnell for Qualifying for the 2004 Summer Olympics (Martin, Moss)
• A Resolution Commending Stacey Borgman For Qualifying for the 2004 Summer Olympics (Martin, Moss)

• Resolution 2004-066: Authorizing Award of Contract for Central Peninsula Landfill Fencing (Mayor) (Referred to Finance Committee)

• Resolution 2004-063: Establishing Necessity for the Tustumena Terrace Subdivision Utility Special Assessment District for Construction of a Natural Gas Main Line (Mayor) (Referred to Finance Committee)

[Clerk's Note: President Sprague stated he was a property owner in the proposed utility district and abstained from voting on Resolution 2004-063.]

• Resolution 2004-067: Authorizing the Expenditure of $90,300 from the Road Service Area Capital Improvement Project Funds to the Keystone Drive Road Improvement Project as the Local Match for the Statewide Transportation Improvement Program Required to Expend Federal Funds (Mayor) (Referred to Finance Committee)

• Resolution 2004-068: Rescinding a $170,000 Allocation and Approving the Allocation of $7,200 from the Road Service Area Capital Improvement Project Fund to a Local Match for the Statewide Transportation Improvement Program for Echo Lake Road (Mayor) (Referred to Finance Committee)
• Ordinance 2004-22: Expanding the Central Emergency Service Area to Include the Funny River Area and/or the Kasilof/Cohoe/Clam Gulch Area (Mayor) (Hearing on 08/03/04) (Referred to Policies and Procedures Committee)
• Ordinance 2004-23: Amending KPB 5.12.115 to Increase the Residential Real Property Exemption from $10,000 to $20,000 (Superman, Mayor, Fischer, Martin) (Hearing on 08/03/04) (Referred to Finance Committee)

• Ordinance 2004-24: Providing for the Submission to the Qualified Voters of the Nikiski Fire Service Area in the Kenai Peninsula Borough, Alaska, the Question of the Issuance of One Million Nine Hundred Ninety-Five Thousand Dollars ($1,995,000) of General Obligation Bonds of the Nikiski Fire Service Area to Pay the Costs of the Nikiski Fire Station 3 in the Nikiski Fire Service Area, at an Election in and for the Service Area on October 5, 2004 (Mayor) (Hearing on 08/03/04) (Referred to Finance Committee)
• Ordinance 2004-25: Authorizing the Sale of ___ Parcels of Borough Land by Sealed Bid (Mayor) (Hearing on 08/03/04) (Referred to Lands Committee)
• Ordinance 2004-26: Amending KPB 17.10.040 to Authorize the Acquisition of Interests in Lands and Resources Costing $15,000 or Less Without Assembly Approval (Mayor) (Hearing on 08/03/04) (Referred to Lands Committee)
• Petition to Vacate a Portion of Tanadak Street as dedicated by Tote View Subdivision (Plat KN 2001-5) and Stubblefield Subdivision Addition No. 3 (Plat KN 77-48); within Section 21, Township 4 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-124 (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent subject to staff's recommendation during its regularly scheduled June 14, 2004 meeting. Staff recommended approval subject to:

1) Submittal of a preliminary plat in accordance with Chapter 20 of the KPB Code (submittal of a final plat within one year of vacation approval).]

• Petition to Vacate rights-of-way and utility easements dedicated by Kalifornsky Beach Industrial Park and Kalifornsky Beach Industrial Park Addition No. 01 (Plat 73-23): Portion of Second Street and utility easements associated within Blocks 7 & 8. (Plat 74-35): Portions of Second Street, B Avenue, C Avenue, D Avenue and all of Fourth Street, Fifth Street, Sixth Street, F Avenue, H Avenue and associated utility easements within Blocks 9 thru 36; Section 29, Township 5 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2004-128 (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent subject to staff's recommendation during its regularly scheduled June 14, 2004 meeting. Staff recommended approval be subject to submittal of a final plat within one year of vacation approval.]

• Petition to Vacate a portion of Byrd Drive and associated utility easements, dedicated by Pilot's Bend Subdivision Part Four (Plat KN 98-50); and vacate a portion of Birdie Circle and Estelle Avenue and all associated utility easements dedicated by Bird Homestead Subdivision (Plat KN 2002-33); within Section 27 & 28, Township 5 North, Range 9 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-140 (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent subject to staff's recommendation during its regularly scheduled June 14, 2004 meeting.]

• Confirming Appointments to the Borough Planning Commission (Referred to Policies and Procedures Committee)

Applicant Represented Area Term Expires

Philip W. Bryson City of Kenai July 31, 2007

Thomas H. Clark Anchor Point/Ninilchik Area July 31, 2007

Dr. Rick Foster City of Homer July 31, 2007

William Hutchinson Ridgeway Area July 31, 2007

Todd R. Petersen East Peninsula July 31, 2007

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

AGENDAS APPROVED AS AMENDED: Unanimous.

COMMENDING RESOLUTIONS AND PROCLAMATIONS (7:47:43)

Assembly Member Martin read aloud two resolutions commending Homer residents Tela O'Donnell and Stacey Borgman for qualifying for the 2004 Summer Olympics. Ms. Martin noted a community dinner was scheduled for July 12 in Homer and she would present the resolutions at that time.

PRESENTATIONS WITH PRIOR NOTICE - None.

PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA - None. (7:52:22)

George Carnahan, spoke on the status of his senior exemption for his property in Nikiski.

REPORTS OF COMMISSIONS AND COUNCILS - None.

MAYOR'S REPORT (7:57:15)

Spruce Bark Beetle Mitigation Program:

• Approval of contract with Paul's Services for Hermansen ROW Project

• Approval of contract with Harbor Enterprises dba Petro Marine Services Alaska Oil Sales for twenty-four hour credit card access for diesel fuel at Soldotna Petro Express for CES

• Approval of contract with Car Killer for Junk Vehicle and Metals Recycling Project at the Homer Landfill

• Approval of contract with Russ's Construction for Sanding and Painting Stage Floor area at Soldotna High School

• Approval of contract with Commercial Contractors Inc. for Installation of Automatic Door Openers at Homer, Skyview and Seward High Schools

• Approval of contract with Gabrielle LaRoche for Coastal Plan Evaluation

• Approval of contract with Steve Rutherford Floor Covering for Kenai Central and Kenai Alternative High Schools Flooring Replacement 2004 Project

• Approval of contract extension with Raven Contractors, Inc. for Light/Heavy Duty Vehicle Maintenance for CES

• Approval of contract with Steve T. Goniotakis for Technical Laboratory Consulting Services for CES

• Approval of contract with Steve Rutherford Floor Covering for Minor Flooring Project at Port Graham Library

• Approval of contract with Peninsula Roofing for Asbestos Abatement at South Peninsula Hospital

• Memo from Paul Ostrander, Land Management Officer, regarding Additional

Leased Space by CES at the Funny River Emergency Services Fire Station

Mayor Bagley reported he had viewed the Kenai Canyon Fire and reminded the public to be cautious during these extremely dry conditions.

PUBLIC HEARINGS ON ORDINANCES

(7:58:19) Ordinance 2004-19-01: [ORDINANCE 2003-19-53] Accepting and Appropriating a Grant from the Alaska Homeland Security and Emergency Management Division in the Amount of $724,924 for Purchase of Communications Equipment (Mayor) (Referred to Finance Committee)

[Clerk's Note: Ordinance 2003-19-53 was renumbered to Ordinance 2004-19-01 to reflect the correct fiscal year.]

MOTION: Superman moved to enact Ordinance 2004-19-01.

President Sprague called for public comment with none being offered.

MOTION TO AMEND: Superman moved to amend Ordinance 2004-19-01 as follows:

Add a new final whereas to read, "the grant agreement requires that specific equipment be purchased with the grant funds and there is only one supplier of that equipment in the State, a sole-source contract is preferred; and"

Add a new Section 3 to read, "That the Borough Mayor is authorized to enter into a sole-source contract with ProComm, Alaska, LLC, for the purchase of the equipment listed in the grant agreement, such contract not to exceed $724,924."

And to renumber the remaining sections accordingly.

Assembly Member Superman said the administration was recently informed that another company in Alaska could provide this equipment and related services. Mr. Superman spoke in opposition to the amendment and suggested other vendors or suppliers be allowed to submit bids.

Assembly Members Glick and Chay spoke in opposition to the amendment.

Assembly Members Long, Martin and Merkes spoke in favor of the amendment.

CES Fire Chief Jeff Tucker explained this was the second phase of a communications program throughout the borough. The first phase included the purchase of Motorola equipment exclusively and hoped the compatibility and standardization of equipment would continue in the second phase.

VOTE ON MOTION TO AMEND:

Yes: Long, Martin, Merkes

No: Chay, Fischer, Glick, Superman, Sprague

Absent: Moss

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

VOTE ON MOTION TO ENACT:

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

No: None

Absent: Moss

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

(8:23:45)

Ordinance 2004-19-02: Accepting and Appropriating a Grant from the Alaska Division of Homeland Security and Emergency Management in the Amount of $113,564.31 for Community Emergency Response Teams (Mayor) (Referred to Finance Committee)

MOTION: Superman moved to enact Ordinance 2004-19-02.

President Sprague called for public comment with none being offered.

VOTE ON MOTION TO ENACT:

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

No: None

Absent: Moss

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

(8:24:44)

Ordinance 2003-19-56: Approving a Revised School Budget and Appropriating $9,416 from the General Fund to Provide Supplemental Funding From Local Sources for School Purposes During Fiscal Year 2003-2004 (Mayor) (Referred to Finance Committee)

MOTION: Superman moved to enact Ordinance 2003-19-56.

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

VOTE ON MOTION TO ENACT:

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

No: None

Absent: Moss

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

(8:25:41)

Ordinance 2003-19-57: Accepting and Appropriating $1,395 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: Superman moved to enact Ordinance 2003-19-57.

President Sprague called for public comment with none being offered.

VOTE ON MOTION TO ENACT:

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

No: None

Absent: Moss

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

(8:26:39)

Ordinance 2003-19-58: Redirecting Funds from a Canceled Capital Project to Provide Additional Funding for Projects Whose Cost Estimates Have Exceeded the Amount Previously Appropriated (Mayor) (Referred to Finance Committee)

MOTION: Superman moved to enact Ordinance 2003-19-58.

President Sprague called for public comment with none being offered.

VOTE ON MOTION TO ENACT:

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

No: None

Absent: Moss

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

(8:27:40)

Ordinance 2004-18: Authorizing the Lease of Government Lot 1, ASLS No. 2002-046, According to Plat No. 2003-6 Seward Recording District at Other Than Fair Market Value to the Hope/Sunrise Volunteer Fire Department (Mayor) (Referred to Lands Committee)

MOTION: Martin moved to enact Ordinance 2004-18.

Assembly Member Martin stated there were several amendments forthcoming.

President Sprague called for public comment.

The following person spoke in favor of Ordinance 2004-18:

Scott Sherritt, PO Box 36, Hope, AK, Fire Chief of the Hope/Sunrise Volunteer Fire Department.

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

MOTION TO AMEND: Martin moved to amend Ordinance 2004-18 as follows:

Final Whereas to read, "the KPB Planning Commission at its regularly scheduled meeting of June 14, 2004 recommended enactment by unanimous consent;"

Add a new Section 4 to read, "That the Assembly additionally makes exception to KPB 17.10.240(L) requiring removal of improvements and KPB 17.10.240(M) requiring rental for improvements. These exceptions are based on the following findings of fact pursuant to KPB 17.10.230:

1. Special circumstances or conditions exist.

A. The KPB has patent to subject Lot 1.

B. The purpose of this lease is to authorize Lot 1 to be developed and used as a volunteer fire station.

2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this chapter.

A. A fire stations is a valuable asset to the KPB and community. The annual lease rental of $1.00 in consideration of the services provided and the improvements being constructed on KPB land.

B. The KPB may not want the improvements and or chattels to be removed upon termination or expiration of the lease. The KPB will determine if improvements and/or chattels should be removed or retained at time of termination of the lease depending on the nature of improvements and their condition.

C. The lease provides under Section III. 4 that improvements and/or chattels will revert to the KPB upon termination of this lease. Upon request, the lessee shall convey improvements and/or chattels by appropriated instrument to the KPB for the purpose of clearing title.

3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area.

A. These exceptions will facilitate the continued use of the site as a fire station, which will benefit other property in the area."

And to renumber the remaining sections accordingly.

VOTE ON MOTION TO AMEND:

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

No: None

Absent: Moss

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

VOTE ON MOTION TO ENACT AS AMENDED:

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

No: None

Absent: Moss

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

(8:50:03)

Ordinance 2004-20: Extending the Deadline in Ordinance 2001-16 Regarding Certain Grazing Leases (Mayor) (Referred to Lands Committee

MOTION: Martin moved to enact Ordinance 2004-20.

Assembly Member Martin said an amendment was forthcoming.

President Sprague called for public comment with none being offered.

Borough Attorney Colette Thompson stated the grazing leases were originally 55 year leases with the State of Alaska. The State had offered two terms of 27.5 years each. The leases were now on borough acquired land. The borough now required the lessees to provide development plans for the properties. Six of the seven lessees were involved with an attorney who disagreed with the borough's view that such plans could be required. Ms. Thompson said she planned to have this resolved within the next six months.

MOTION TO AMEND: Martin moved to amend Ordinance 2004-20 as follows:

Add a new final whereas to read, "the KPB Planning Commission as its regularly scheduled meeting of June 14, 2004 recommended enactment by majority vote;"

VOTE ON MOTION TO AMEND:

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

No: None

Absent: Moss

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

VOTE ON MOTION TO ENACT AS AMENDED:

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

No: None

Absent: Moss

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

(8:54:55)

UNFINISHED BUSINESS (Postponed Items)

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)

[Clerk's Note: There was a motion to adopt on the floor from the May 18, 2004 meeting.]

Assembly Member Martin said Nancy Casey, representing the Sterling Highway State Scenic Byway Project, recently conducted community meetings at Sterling, Ninilchik and Kasilof.

President Sprague called for public comment.

The following person spoke in favor of Resolution 2004-051:

Nancy Casey, 36360 Sienna Circle, Soldotna, AK

Ms. Casey explained the start-up program and answered questions from the assembly.

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

Joyce Fischer, Mile 107 Sterling Highway, Kasilof, AK

Ms. Fischer also distributed a document from Ruby Kime with signatures of 10 people opposing the byway project.

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

Assembly Members Martin, Long and Chay spoke in favor of Resolution 2004-051.

MOTION TO AMEND: Merkes moved to amend Resolution 2004-051 as follows:

Section 1 to read, "The Alaska Department of Transportation & Public Facilities is encouraged to designate the Sterling Highway between Soldotna [SKILAK ROAD] and Anchor Point as a State Scenic Byway..."

MOTION TO POSTPONE: Glick moved to postpone Resolution 2004-051 until the August 3, 2004 meeting and requested a copy of the state application be provided.

VOTE ON MOTION TO POSTPONE:

Yes: Fischer, Glick, Long, Merkes, Superman

No: Chay, Martin, Sprague

Absent: Moss

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

(9:37:12)

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

[Clerk's Note: There was a motion to enact on the floor from the May 18, 2004 meeting.]

President Sprague called for public comment with none being offered.

MOTION TO AMEND: Superman moved to amend Ordinance 2004-12 (Substitute) as follows:

Third Whereas to read, "appointment and removal provisions should be clarified to provide that the mayor, as chief executive officer, in concurrence with the service area board, makes the final decision regarding [HIRING] appointing and [TERMINATING] removing administrators of service areas [AFTER CONSIDERING THE RECOMMENDATIONS OF THE APPLICABLE SERVICE AREA BOARD];

Amend Section 1 to read, "...by KPB 3.04.070 shall be appointed by the mayor [AFTER CONSIDERATION OF A RECOMMENDATION] from a list of recommended names from the service area board. Except for the road service area director, whose board consists of appointed members, all other service area directors may be removed by the mayor only with a concurrent recommendation from the applicable board. Such action by the service area board shall require a majority vote of the board membership. [ADMINISTRATIVE EMPLOYEES SERVE AT THE PLEASURE OF THE MAYOR WHO MAY SUSPEND OR DISCHARGE SUCH EMPLOYEES IN HIS OR HER SOLE DISCRETION. THE SERVICE AREA BOARD MAY INDEPENDENTLY MAKE A RECOMMENDATION TO THE MAYOR REGARDING THE SUSPENSION OR DISCHARGE OF ADMINISTRATIVE EMPLOYEES; HOWEVER, SUCH SUSPENSION OR DISCHARGE REMAINS WITHIN THE SOLE DISCRETION OF THE MAYOR.]

And to delete Section 7 in its entirety and renumber the remaining sections accordingly.

Assembly Member Superman said elected service area boards should be empowered to the maximum extent allowed by law.

(9:47:40)

Borough Attorney Thompson stated those directors affected by this ordinance included the Nikiski Fire Chief, CES Fire Chief and the North Peninsula Recreation Service Area director.

Assembly Member Chay discussed the possibility of an impasse between the mayor and an elected board.

Assembly Member Merkes spoke in opposition to the amendment.

(9:58:40)

The gavel was passed to Vice President Superman. President Sprague felt the ultimate authority should remain with the administrator of the borough. The gavel was returned to President Sprague.

(10:01:13)

Assembly Member Superman noted the confusion about "administrative employees." Mr. Superman said the elected service area boards should have shared authority for hiring and firing their own directors.

Attorney Thompson noted Section 1 contained the phrase, "and other administrative employees of a service area" and did not think that was Mr. Superman's intent of the ordinance.

Borough Clerk Murphy read aloud suggested changes. Mr. Superman restated his original motion.

MOTION TO AMEND: Superman moved to amend Ordinance 2004-12 (Substitute) as follows:

Third Whereas to read, "appointment and removal provisions should be clarified to provide that the mayor, as chief executive officer, in concurrence with the service area board, makes the final decision regarding [HIRING] appointing and [TERMINATING] removing administrators of service areas [AFTER CONSIDERING THE RECOMMENDATIONS OF THE APPLICABLE SERVICE AREA BOARD];"

Amend Section 1 to read, "...Except as may otherwise be provided for a specific service area, the director [AND OTHER ADMINISTRATIVE EMPLOYEES] of a service area as determined necessary by the assembly and as defined by KPB 3.04.070 shall be appointed by the mayor [AFTER CONSIDERATION OF A RECOMMENDATION] from a list of recommended names from the service area board. Except for the road service area director, whose board consists of appointed members, all other service area directors may be removed by the mayor only with a concurrent recommendation from the applicable board. Such action by the service area board shall require a majority vote of the board membership. Other administrative employees serve at the pleasure of the mayor who may suspend or discharge such employees in his or her sole discretion. The service area board may independently make a recommendation to the mayor regarding the suspension or discharge of other administrative employees; however, such suspension or discharge remains within the sole discretion of the mayor."

And to delete Section 7 in its entirety and renumber the remaining sections accordingly.

VOTE ON MOTION TO AMEND:

Yes: Fischer, Glick, Long, Martin, Superman

No: Chay, Merkes, Sprague

Absent: Moss

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

VOTE ON MOTION TO ENACT AS AMENDED:

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

No: Merkes, Sprague

Absent: Moss

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

NEW BUSINESS (10:10:12)

Resolution 2004-069: Approving a New Collective Bargaining Agreement (Mayor) (Referred to Policies and Procedures Committee)

MOTION: Glick moved to adopt Resolution 2004-069.

Assembly Member Glick said some employees had raised concerns regarding workers injured on the job and worker's compensation issues.

President Sprague called for public comment.

The following person spoke in opposition to Resolution 2004-069:

Jeff Smardo, 45112 E. Sunrise Court, Kenai, AK

The following people spoke in favor of Resolution 2004-069:

Paul Knight, 273 Arlington Court, Soldotna, AK

Dick Krapp, PO Box 92, Sterling, AK

The following person spoke of the high costs for employees at the City of Soldotna:

Fred Sturman, PO Box 513, Soldotna, AK

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

VOTE ON MOTION TO ADOPT:

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

No: None

Absent: Moss

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

(10:35:14)

Ordinance 2004-21: Providing for a Vote on the Question of Adopting a Manager Plan of Government at the Next Regular Election (Glick) (Hearing on 08/03/04) (Referred to Policies and Procedures Committee)

MOTION: Glick moved to introduce Ordinance 2004-21 and set public hearing for August 3, 2004.

Assembly Member Long noted the petitioners chose not to amend their original petition and spoke in opposition to introducing Ordinance 2004-21.

President Sprague called for public comment.

The following people spoke in favor of introducing Ordinance 2004-21:

Kristine Schmidt, 513 Ash Avenue, Kenai, AK

Fred Sturman, PO Box 513, Soldotna, AK

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

Assembly Members Martin and Superman spoke in opposition to introducing Ordinance 2004-21.

VOTE ON MOTION TO INTRODUCE

AND SET HEARING DATE:

Yes: Chay, Fischer, Glick, Merkes, Sprague

No: Superman, Martin, Long

Absent: Moss

MOTION PASSED: 5 Yes, 3 No, 1 Absent

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS - None.

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS (10:52:55)

• Board of Equalization July 7, 2004 9:00 AM Soldotna
• Board of Equalization July 8, 2004 9:00 AM Soldotna

• The next meeting of the Kenai Peninsula Borough Assembly was scheduled for August 3, 2004, at 7:00 p.m. in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska.

ASSEMBLY COMMENTS (10:53:45)

Assembly Member Long encouraged his fellow assembly members to review the proposed changes to the assembly manual.

Assembly President Sprague reported on his Western Interstate Region (WIR) trip to Washington, DC. Mr. Sprague met with the borough's congressional delegation, staffers, and the borough's lobbyist to discuss Payment in Lieu of Taxes (PILT) issues.

ADJOURNMENT (10:56:22)

With no further business to come before the assembly, President Sprague adjourned the meeting at 10:56 p.m.

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