CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on December 7, 2004, in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska. President Superman 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 Phil Edgerly, Reflection Lake Chapel.

There were present:

Gary Superman, Presiding

Dan Chay

Paul Fischer

Betty Glick

Ron Long

Milli Martin

Grace Merkes

Chris Moss

Pete Sprague

comprising a quorum of the assembly.

Also in attendance were:

Dale Bagley, Borough Mayor

Colette Thompson, Borough Attorney

Sherry Biggs, Deputy Borough Clerk

Johni Blankenship, Administrative Assistant, Clerk's Office

COMMITTEE REPORTS (7:03:36)

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

Assembly Member Merkes said the Lands Committee heard a presentation from Planning Director Max Best on the borough's existing gravel pit code. The Committee then addressed its agenda item.

Assembly Member Chay said the Policies and Procedures Committee discussed its agenda items.

Assembly Member Long said the Legislative Committee discussed the 2005 Capital Project Priorities. The Committee then addressed its agenda item.(7:21:19)

MOTION: Long moved to authorize the assembly president to send a letter to the North Pacific Fishery Management Council on regionalization issues, as drafted and presented by Assembly Member Moss.

MOTION PASSED: Unanimous.

APPROVAL OF AGENDA AND CONSENT AGENDA (7:25:08)

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

President Superman 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 2004-117: Determining that the Coastal Zone Management Position Shall Remain Vacant Until the FY2006 Budget is Approved (Mayor) (Referred to Finance Committee)
• Resolution 2004-119: Requesting the Alaska Board of Fisheries to Include the Kenai River Brood Interaction Escapement Model and Risk Analysis of the Sockeye Harvest at the January 2005 Cook Inlet Finfish Board Meeting (Mayor) (Referred to Legislative Committee)
• Petition to vacate a portion of a 50-foot public right of way easement along the southern boundary of Tract 2 of Monson Tract (Plat HM 79-82) to accommodate a 30 x 60 building; Section 29, Township 2 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-269; Petitioners Acea D & Marge Rollins and Wayne E Jones of Ninilchik, Alaska; Location: West of Sterling Highway in Ninilchik; KPBPC Resolution 2004-67 (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the reference vacation by unanimous consent during its regularly scheduled November 22, 2004 meeting.]

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

• November 16, 2004 Regular Meeting Minutes
• Resolution 2004-113: Authorizing Award of a Contract for Professional Services for the Redoubt Elementary and Soldotna High School Fire Alarm Systems (Mayor) (Referred to Finance Committee)

[Clerk's Note: The following technical amendment was made to Resolution 2004-113: Section 1 to read, "That the mayor is authorized to award a contract to AMC Engineers in the amount of $28,216.00 for professional services."]

• Resolution 2004-114: Authorizing CPGH, Inc. to Purchase a Picture Archive and Communications System (Mayor) (Referred to Finance Committee)
• Resolution 2004-115: Authorizing Award of Contracts for Central Peninsula Landfill Equipment (Mayor) (Referred to Finance Committee)

[Clerk's Note: The following amendments were made to Resolution 2004-115:

Second Whereas to read, "the low responsive bids were submitted by Craig Taylor Equipment Co., NC Machinery, Construction Machinery Industrial LLC, and Alaska Truck Center for the equipment; and"

Section 1 to read, "The mayor is authorized to award contracts to Craig Taylor Equipment Co. for a crawler tractor for the amount of $442,111; Craig Taylor Equipment Co. for a telescopic loader in the amount of $81,104; NC Machinery for a wheeled scraper in the amount of $379,751; Construction Machinery LLC for a loader in the amount of $307,000 and Alaska Truck Center for a roll-off truck in the amount of $112,860."]

• Resolution 2004-116: Authorizing the Acceptance of Late-Filed Senior Citizen and Disabled Veteran Exemption Applications (Mayor) (Referred to Policies and Procedures Committee)
• Resolution 2004-118: Confirming the Appointments of Assembly Members to Non-Borough Committees and Boards (Superman) (Referred to Policies and Procedures)
• Ordinance 2004-19-28: Accepting and Appropriating a State Grant in the Amount of $75,000 for Construction of a Road to the Cooper Landing Senior Housing Site (Mayor) (Hearing on 01/04/05) (Referred to Finance Committee)
• Ordinance 2004-19-29: Accepting and Appropriating a Grant from the U. S. Department of Justice in the Amount of $2,473,693; Appropriating $1,000,000 from Central Emergency Services; and Appropriating $239,835 from the General fund for Construction of an Emergency Response Center (Mayor) (Hearing on 01/04/05) (Referred to Finance Committee)
• Ordinance 2004-19-30: Accepting and Appropriating a Grant from the State Department of Health and Social Services in the Amount of $927,151 for the South Peninsula Hospital Expansion Project (Mayor) (Hearing on 01/04/05) (Referred to Finance Committee)
• Ordinance 2004-19-31: Authorizing the Purchase of a Dual Head Nuclear Gamma Camera for the Central Peninsula General Hospital at a Not-to-Exceed Cost of $339,257 with Funding to be Appropriated from the CPGH, Inc. Plant Replacement and Expansion Fund (Mayor) (Hearing on 01/04/05) (Referred to Finance Committee)
• Ordinance 2004-19-32: Appropriating Funds for a Full-Time Public Safety Dispatcher Position for the Soldotna Communications Center (Mayor) (Hearing on 01/04/05) (Referred to Finance Committee)
• Ordinance 2004-38: Codifying the Adoption of the All-Hazard Mitigation Plan (Superman at the request of the Clerk) (Hearing on 01/04/05) (Referred to Policies and Procedures Committee)

President Superman 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 (7:35:37)

Roland Maw, Executive Director of United Cook Inlet Drift Association, and Mark Willette, Area Research Biologist for the Alaska Department of Fish and Game, discussed salmon rearing in Skilak Lake.

PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (8:03:00)

John McCombs, PO Box 87, Ninilchik, AK, commented on the January 2005 Board of Fish meetings in Anchorage.

REPORTS OF COMMISSIONS AND COUNCILS - None.

MAYOR'S REPORT (8:05:53)

a. Spruce Bark Beetle Mitigation Program:

Approval of contract with S & R Enterprises for Kenai Fire Wise Slash Disposal Project

b. Approval of contract with PHRG, Inc. for CPGH Community Health Planning Report

c. Approval of contract with Kachemak Bay Construction for Snow Plowing and Sanding at the McNeil Canyon Station Parking Areas

d. Approval to contract with Nelson Engineering Inc. for Skyview Well House Arsenic Expansion

2. Other

a. Kenai Peninsula Small Business Development Center - Quarterly Report - July 1, 2004 through September 30, 2004

PUBLIC HEARINGS ON ORDINANCES(8:07:38)

Ordinance 2004-19-22: Appropriating Supplemental Funding in the Amount of $80,000 to Cover Costs Associated with Appraisal, Appraisal Review, Audit, and Support for Certain Section 29.45 Property Owned by an Oil and Gas Company (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19-22.

Assembly Member Moss noted the borough incurred a cost of $87,000 during the last appeal.

President Superman called for public comment with none being offered.

MOTION TO ENACT PASSED: Unanimous.

(8:19:30)

Ordinance 2004-19-25: Appropriating $54,000 from the South Peninsula Hospital Service Area Fund Balance to Provide Supplemental Funding to Assist in the Procurement of Malpractice Insurance for Surgeons at the South Peninsula Hospital (Mayor at the request of the SPHSAB) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19-25.

Assembly Member Moss said there was an immediate need for malpractice insurance for the hospital's two surgeons.

President Superman called for public comment.

The following person spoke in favor of Ordinance 2004-19-25:

David Green, South Peninsula Hospital Service Area Board Finance Committee

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

Assembly Member Martin spoke in favor of Ordinance 2004-19-25 and understood this was a one time occurrence, with the money to be returned to the service area board at the end of the fiscal year if the cost had then been covered by the hospital's operating fund.

MOTION TO ENACT PASSED: Unanimous.(8:43:44)

MOTION: Fischer moved to suspend the rules and address Resolution 2004-119 as the next item of business.

MOTION PASSED: Without objection.

Resolution 2004-119: Requesting the Alaska Board of Fisheries to Include the Kenai River Brood Interaction Escapement Model and Risk Analysis of the Sockeye Harvest at the January 2005 Cook Inlet Finfish Board Meeting (Mayor) (Referred to Legislative Committee)

MOTION: Long moved to adopt Resolution 2004-119.

President Superman called for public comment with none being offered.

MOTION TO AMEND: Long moved to amend Resolution 2004-119 as follows:

Second Whereas to read, "in the last 20 years Skilak [SLIKAK] Lake has experienced higher turbidity levels that has resulted in a 65 percent reduction in the Eu[R]photic Zone in Skilak Lake; and"

Fifth Whereas to read, "Skilak Lake rears 85 [70] percent of the Kenai River Sockeye; and"

Section 2 to read, "That copies of the resolution be delivered to the Honorable Governor Frank Murkowski, Commissioner of Fish and Game Kevin Duffy, ..."

MOTION TO AMEND PASSED: Without objection.

MOTION TO ADOPT AS AMENDED PASSED: Unanimous.(8:46:14)

Ordinance 2004-19-27: Accepting and Appropriating a Grant from the U. S. Department of Homeland Security in the Amount of $68,617 for the Bear Creek Fire Service Area (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19-27.

Assembly Member Moss said an amendment was forthcoming.

President Superman called for public comment with none being offered.

MOTION TO AMEND: Moss moved to amend Ordinance 2004-19-27 as follows:

Eighth Whereas to read, "at its regularly scheduled meeting held November 9, 2004, the BCFSA Board recommended enactment by unanimous consent ; and"

MOTION TO AMEND PASSED: Without objection.

MOTION TO ENACT AS AMENDED PASSED: Unanimous.(8:48:36)

Ordinance 2004-37: Authorizing the Negotiated Lease at Fair Market Value of Government Lots 5 and 8, Section 34, T1N, R13W, S.M. Alaska, Containing Approximately 10 Acres to Marathon Oil Company for a Natural Gas Drilling/Production Pad (Mayor) (Referred to Lands Committee)

MOTION: Merkes moved to enact Ordinance 2004-37.

Assembly Member Merkes said there were several amendments forthcoming.

President Superman called for public comment with none being offered.

MOTION TO AMEND: Merkes moved to amend Ordinance 2004-37 as follows:

Final Whereas to read, "the KPB Planning Commission at its regularly scheduled meeting of November 22, 2004 recommended enactment by unanimous consent;"

Section 5 to read, " ...The annual lease rental for each of the five-year renewal option terms shall be [DETERMINED BY A ] 10 percent of fair market value appraisal..."

Section 6 to read, "The mayor is authorized to sign any documents necessary to effectuate this ordinance including a lease with substantially similar terms to the one attached."

Section 7 to read, "Marathon Oil Company shall have until July 1, 2005 to [ACCEPT THIS OFFER TO LEASE BY EXECUTION OF] execute the lease document."

MOTION TO AMEND PASSED: Without objection.

MOTION TO ENACT AS AMENDED PASSED: Unanimous.

(8:57:15)

NEW BUSINESS

Resolution 2004-117: Determining that the Coastal Zone Management Position Shall Remain Vacant Until the FY2006 Budget is Approved (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to adopt Resolution 2004-117.

President Superman called for public comment with none being offered.

VOTE ON MOTION TO ADOPT:

Yes: Fischer, Superman

No: Chay, Glick, Long, Martin, Merkes, Moss, Sprague

Absent: None

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

(9:11:40)

Petition to vacate a portion of a 50-foot public right of way easement along the southern boundary of Tract 2 of Monson Tract (Plat HM 79-82) to accommodate a 30 x 60 building; Section 29, Township 2 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-269; Petitioners Acea D. & Marge Rollins and Wayne E Jones of Ninilchik, Alaska; Location: West of Sterling Highway in Ninilchik; KPBPC Resolution 2004-67 (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled November 22, 2004 meeting.]

Planning Director Max Best stated the petitioners had recently discussed vacating the entire 50-foot public right of way and not just the portion surrounding the 30 x 60 building. The Planning Commission requested additional information which had yet to be received.

MOTION: Long moved to veto the decision of the Planning Commission.

VOTE ON MOTION TO VETO THE

DECISION OF THE PLANNING COMMISSION:

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

No: None

Absent: None

MOTION TO VETO PASSED: 9 Yes, 0 No, 0 Absent

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS - None.

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS (9:19:44)

• Ninilchik Community Meeting (Senior Center) 12/9/04 12:00 PM
• Anchor Point Community Meeting (Senior Center) 12/9/04 7:00 PM
• Sterling Community Meeting (Senior Center) 12/10/04 12:30 PM
• Hope Community Meeting (Social Hall) 12/11/04 11:00 AM
• Cooper Landing Community Meeting (Comm Ctr) 12/11/04 1:30 PM
• Kachemak Area Community Meeting (Kach. Ctr) 12/14/04 6:00 PM
• Bear Creek/Lowell Point Mtg (Seward City Hall) 12/14/04 7:00 PM

• The next meeting of the Kenai Peninsula Borough Assembly was scheduled for January 4, 2005, at 7:00 p.m. in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska.

  ASSEMBLY COMMENTS (9:21:08)

  Assembly Member Fischer wished all a Blessed Christmas and a successful New Year.

  Assembly Member Martin recommended two books to her fellow assembly members to increase awareness on community issues. Ms. Martin reported on recent projects and events in Nanwalek. Assembly Member Martin wished everyone a Merry Christmas and a Happy New Year.

  Assembly Member Sprague reported on his recent trip as Alaska Municipal League President. He wished everyone a Merry Christmas and a Happy New Year.

  Assembly Member Moss said a recent report by the National Oceanic & Atmospheric Administration (NOAA) listed Homer as the 7^th largest fishing port by value in the United States, with Seward listed in 11^th place, and Kenai as 43^rd. These calculations were based on 2003 sales. Mr. Moss stressed the importance of commercial fishing to the economy of the Kenai Peninsula Borough.

  Assembly Member Glick announced the Local Emergency Planning Commission was scheduled to meet on December 8, 2004. Ms. Glick reported on the National Association of Counties (NACo) history of involvement with ANWR and expressed her intent to present a resolution to NACo at the March 2005 conference on the Alaska Gas Pipeline Project. She wished everyone a safe and happy holiday season.

  Assembly President Superman reported he had scheduled a pre-budget work session with the Finance Department on January 4, 2005, prior to the Finance Committee meeting. He wished everyone Happy Hanukkah, Merry Christmas and Happy New Year.

  ADJOURNMENT (9:33:44)

  With no further business to come before the assembly, President Superman adjourned the meeting at 9:33 p.m.

  I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of December 7, 2004.

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  Linda S. Murphy, Borough Clerk

  Approved by Assembly:

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