CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on January 4, 2005, 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

Linda Murphy, Borough Clerk

Sherry Biggs, Deputy Borough Clerk

COMMITTEE REPORTS (7:04:12)

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

Assembly Member Merkes stated the Lands Committee met and addressed its agenda items. Ms. Merkes noted that Assembly Members Long, Martin and Superman agreed to serve on the Materials /Gravel Task Force.

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

Assembly Member Long said the Legislative Committee met and addressed its agenda item. The Committee then discussed regionalization issues outlined by the North Pacific Fisheries Management Council. The Legislative Committee continued its efforts to finalize the 2005 Capital Project Priorities.

(7:19:30)

MOTION: Long moved to authorize travel for Assembly Members Superman, Glick, Long, Martin, Merkes, and Sprague to attend the National Association of Counties Annual Legislative Conference in Washington, DC, scheduled March 3-8, 2005.

MOTION PASSED: Unanimous.

APPROVAL OF AGENDA AND CONSENT AGENDA (7:20:50)

MOTION TO APPROVE AGENDAS: Glick 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 item was moved from the consent agenda to the regular agenda:

• Resolution 2005-006: Approving the Construction of Access Through Borough Land to the Cooper Landing Senior Facility as a Road Construction Project Pursuant to KPB 16.41.190 (Mayor) (Referred to Lands 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.

Resolution 2005-001: Recommending the Purchase of Calcium Chloride from Quadra Chemicals Western, Inc. (Mayor) (Referred to Finance Committee)

Resolution 2005-002: Authorizing Award of Contract for Solid Waste Burn Box - Tyonek Landfill (Mayor) (Referred to Finance Committee)

Resolution 2005-003: Authorizing the Purchase of a Rescue Truck for Central Emergency Service Area (Mayor) (Referred to Finance Committee)

Resolution 2005-004: Supporting Kenai Peninsula College Offering Paramedic Training and Encouraging the University of Alaska Anchorage and the State of Alaska Community Health and Emergency Medical Services Division to Endorse and Approve this Educational Offering (Sprague) (Referred to Legislative Committee)

[Clerk's Note: Assembly Member Sprague noted he served as president of the Kenai Peninsula College Council but had no financial interest in this matter and did not believe he had a conflict of interest with Resolution 2005-004. Assembly President Superman ruled there was no conflict of interest and the assembly members voiced no objection.]

Resolution 2005-007: Accepting $12,283 from the Kenai Watershed Forum to Fund Implementation of the Kenai River Habitat Protection Ordinance (Mayor) (Referred to Finance Committee)

Ordinance 2005-01: Repealing KPB 3.04.310(A) Regarding Health Insurance Premiums (Mayor) (Hearing on 02/01/05) (Referred to Finance Committee)

Ordinance 2005-02: Amending KPB 2.56.040 to Incorporate the Goals of the City of Soldotna Action Plan into the 1995 Soldotna Comprehensive Plan (Mayor) (Hearing on 02/01/05) (Referred to Lands Committee)

[Clerk's Note: A technical amendment was made to Ordinance 2005-02 to reflect the correct public hearing date of February 1, 2005.]

[Clerk's Note: A technical amendment was made to Ordinance 2004-19-33 to reflect the correct public hearing date of February 1, 2005.]

Petition to vacate a portion of Strawberry Street, dedicated by Pease Subdivision (Plat HM 75-53); within Section 1, Township 6 South, Range 13 West, Seward Meridian, Alaska; within the Kenai Peninsula Borough. KPB File 2004-292 Note: Per petition, an alternate 60' ROW is proposed to be dedicated over existing road. Petitioners: Claude V. and Carole L. Vining of Anchorage, Alaska. Location: East of Homer on Waterman Road (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled December 13, 2004 meeting.]

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled December 13, 2004 meeting.]

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled December 13, 2004 meeting.]

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled December 13, 2004 meeting.]

Name Area Term Expires

Paul Shadura Non-areawide public member 12/31/07

Ed Oberts Borough employee 12/31/07

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 - None.

PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (7:30:03)

John McCombs, PO Box 87, Ninilchik, AK, commented on the January 2005 Board of Fish meetings in Anchorage and noted one of the committees was scheduled to meet in Soldotna.

Steve Vanek, PO Box 103, Ninilchik, AK, said Mr. Dan Foley of Pacific Star Seafoods recently passed away and offered his condolences to the family. Mr. Vanek expressed his concern over the lack of borough participation regarding the Board of Fish issues.

Jeff Berger, PO Box 229, Ninilchik, AK, agreed with the need to have a fisheries representative for the borough. Mr. Berger discussed the changes to pollock, Pacific cod and flatfish fisheries.

REPORTS OF COMMISSIONS AND COUNCILS - None.

MAYOR'S REPORT (7:48:37)

Approval of contract with William J. Nelson & Associates for design services to expand the well house for an Arsenic Treatment System at Skyview High School

Approval of contract with Alumi-Ferrous Design for KPB Used Oil Collection Program

Approval of contract with Northern Test Lab for Water Sample Testing at Skyview High School

Approval of contract with Geoff's Garage Door for overhead door replacement at Central Peninsula Landfill

Approval of sole source contract with Dudley Platt & Associates for Industrial Plant Valuation and Support Services

Approval of contract with AeroMap US for topographic mapping of 300 acres in the Cooper Landing Area

Approval of contract with Derry & Associates for appraisal of the proposed Cooper Landing Senior Housing project

Approval of cooperative agreement between Kenai Peninsula Borough, Kenai Peninsula Arctic Winter Games 2006 Host Society, and the City of Homer

Other

Road Service Area - Annual Report

Revenue-Expenditure Report - November 2004

Mayor Bagley stated that Jack Brown, Business Manager of the Community and Economic Development Division, worked on the branding program, Kenai Wild, and focused on other fisheries issues.

Assembly Member Glick asked if the $37,000 contract to Dudley Platt & Associates was in addition to the recent $80,000 appropriation. Mayor Bagley did not know and said the information would be supplied at a later date. Ms. Glick also asked if the topographic mapping of 300 acres was for the Cooper Landing Senior project. KPB Land Manager Paul Ostrander said the mapping was to identify gravel sources in the Cooper Landing area.

Assembly Member Moss asked about the fee appraisal for the proposed Cooper Landing Senior housing project. Mr. Ostrander stated the Assessing Department did not feel they had the expertise to value the property, due to the lack of road access and utilities. The Cooper Landing Seniors and the borough agreed to share the cost for a private appraisal.

Assembly Member Long also asked about the sole source contract to Dudley Platt & Associates. KPB Purchasing Manager Mark Fowler said the contract was for valuation services. There was a separate RFP for appraisal services and an invitation to bid which were not related to the sole source contract.

PUBLIC HEARINGS ON ORDINANCES

(7:57:23)

Ordinance 2004-19-26: Accepting and Appropriating a Grant from the U. S. Department of Homeland Security in the Amount of $106,852 for Central Emergency Services (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19-26.

Assembly Member Moss said several amendments were forthcoming.

President Superman called for public comment with none being offered.

Assembly Member Sprague said during the Finance Committee meeting, it was asked if existing CES funds, already budgeted for fitness equipment, could be used toward the local match requirement. Grant Manager Bonnie Golden supplied a memo which outlined the grant period of October 22, 2004 to October 21, 2005 and the CES funds could be used as local matching funds.

Assembly Member Fischer had questions regarding wages paid to dietians and overtime wages listed for firefighters.

Randy Willis, representing CES Chief O'Conner, said this was to be a voluntary wellness program for CES employees and on-call staff. The equipment and program would be implemented at four different sites.

Assembly Member Martin asked if paid memberships to local health clubs had been considered. Mr. Willis said FEMA representatives did not consider that option to be a priority project.

Assembly Member Long said the grant application showed that an initial physical exam, job related immunization program and periodic physical exam/health screening would be mandatory. Mr. Willis said incentives such as hats, t-shirts, plaques and awards would be used for promotion.

MOTION TO AMEND: Moss moved to amend Ordinance 2004-19-26 as follows:

Title to read, "An Ordinance Accepting [AND APPROPRIATING A GRANT] $106,852 from the U.S. Department of Homeland Security [IN THE AMOUNT OF $106,852] and Appropriating the Grant and Matching Funds of $11,872 to [FOR] Central Emergency Services."

Delete the 7th Whereas as shown below and replace with the following language:

[THE MATCHING FUND AMOUNT OF $11,872 IS CURRENTLY AVAILABLE FOR THIS PURPOSE IN THE APPROVED FY05 CES OPERATING BUDGET] "funds are currently available for appropriation from the CES fund balance to meet the cash match requirement of $11,872; and"

8th Whereas to read, "at its regularly scheduled meeting held November 18, 2004, the CES Board recommended acceptance of the grant and appropriation of the matching funds;"

Add a new Section 3 to read, "That matching funds in the amount of $11,872 are hereby appropriated from CES fund balance to account 211.51610.5HLS2.49999."

And renumber the remaining sections accordingly.

MOTION TO AMEND PASSED: Without objection.

Assembly Members Fischer, Martin, and Glick said they would support Ordinance 2004-19-26, but expressed concerns with the amount spent on equipment and personnel.

Assembly Member Long noted this was a project submitted by an elected service area board and would support it for that reason.

Assembly Member Chay it was a difficult decision to support this ordinance based on the current national deficit.

Mayor Bagley noted the assembly had unanimously supported Bear Creek Fire Service Area's similar project and award.

MOTION TO ENACT AS AMENDED PASSED: Unanimous.

(8:33:20)

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) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19-28.

Assembly Member Moss said this was a legislative grant with no local match required. The Road Service Area Board had agreed to manage the grant and construct the road to borough standards.

President Superman called for public comment with none being offered.

MOTION TO AMEND: Moss moved to amend Ordinance 2004-19-28 as follows:

Final Whereas to read, "at its regular meeting on December 14, 2004, the Road Service Area Board of Directors recommended enactment;"

MOTION TO AMEND PASSED: Without objection.

Assembly Member Sprague asked if this issue was time sensitive and noted that an exact site for the project had yet to be determined. Mayor Bagley said the Cooper Landing Seniors were anxious to begin work, and this grant was not site-specific.

MOTION TO POSTPONE: Sprague moved to postpone Ordinance 2004-19-28 until March 1, 2005.

Assembly Member Long said the Cooper Landing Seniors were under a serious time constraint with a construction grant. Mr. Long said there was nothing to be gained in postponing Ordinance 2004-19-28.

(8:41:10)

The gavel was passed to Vice President Long. President Superman spoke in opposition to postponement. The gavel was returned to Assembly President Superman.

Assembly Member Martin also spoke in opposition to postponement and noted her desire to support the Cooper Landing Seniors.

Assembly Members Merkes and Fischer spoke in favor of postponing Ordinance 2004-19-28.

VOTE ON MOTION TO POSTPONE:

Yes: Chay, Fischer, Glick, Merkes, Sprague

No: Long, Martin, Moss, Superman

Absent: None

MOTION TO POSTPONE PASSED: 5 Yes, 4 No, 0 Absent

(8:56:30)

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) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19-29.

Assembly Member Moss said the facility was a joint cooperative project for Central Emergency Services, the 911 Dispatch Center and the KPB Office of Emergency Management. Property for the facility was purchased several years ago and the planning stage had been completed. The project was ready for the final design and construction phase.

President Superman called for public comment.

The following person spoke in opposition to Ordinance 2004-19-29:

Fred Sturman, PO Box 513, Soldotna, AK

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

Assembly Member Glick asked if the City of Kenai was to have been involved in this grant. Grant Manager Bonnie Golden said there was no reference made by the granting agency to include the City of Kenai as a recipient. Ms. Glick asked that the "Law Enforcement Executive" and the "Government Executive" be identified. Ms. Golden stated the US Department of Justice understood the borough did not have police powers and agreed that the Mayor served as the "Law Enforcement Executive" and the Finance Director served as the "Government Executive." The Mayor and Finance Director both have signatory authority to sign contracts on behalf of the borough.

Assembly Member Chay recently toured the City of Kenai's PRISM facility and suggested that building be used as the borough's emergency operations command center.

Assembly Member Sprague said the expansion project had been a borough federal priority for a number of years and encouraged favorable support from his fellow assembly members.

Assembly Member Moss was concerned with the overall financial position of the borough and was worried about the borough's operational funding committments.

MOTION TO POSTPONE: Moss moved to postpone Ordinance 2004-19-29 until March 1, 2005.

Assembly Member Long spoke in favor of postponement.

(9:17:43)

The gavel was passed to Vice President Long. President Superman spoke in opposition to postponement. President Superman stressed the importance of having a command center close to the borough administration building. The gavel was returned to Assembly President Superman.

Captain Tom Bowman, Alaska State Troopers, said postponement would delay construction for a year, with an anticipated cost increase of 10-15 percent. Captain Bowman said the facility would serve multiple agencies. In the case of an emergency, borough personnel would help man the emergency center and it did not make sense to have the center 10 miles away in Kenai. Captain Bowman noted there was tremendous cost savings for the agencies in sharing expensive emergency equipment such as a back up generator, filtration systems, and heating and air handling units.

Assembly Member Martin asked if all 911 calls within the borough came through the Soldotna dispatch office. Captain Bowman said calls originating within the Kenai city limits were automatically switched to the Kenai Police Dispatch. If the Kenai Station was busy, calls were rerouted back to the Soldotna office. All other 911 calls are first answered by the Soldotna office.

(9:34:25)

Mayor Bagley explained the borough provided $48,000 to the cities of Homer, Kenai and Seward for their dispatch stations. There are requirements that need to be met by these stations, and that has been an issue. Mayor Bagley was scheduled to meet with the city managers next week to discuss the situation.

Assembly Member Long asked if the project was on such a critical timeline, why was it not presented to the assembly sooner for consideration. Kevin Lyon, KPB Public Works Project Manager, said schematic design and final cost estimates were just completed. The current figures were accurate and included project contingency and inflation factors so there would not be any cost overruns. Mr. Lyon said the consultants were engaged only through the schematic desgin phase and the construction design phase needed to be initiated.

Assembly Member Martin spoke in opposition to postponement.

MOTION TO AMEND: Fischer moved to amend the postponement date to January 18, 2005.

VOTE ON MOTION TO AMEND:

Yes: Chay, Fischer, Glick, Long Merkes, Moss

No: Martin, Sprague, Superman

Absent: None

MOTION TO AMEND PASSED: 6 Yes, 3 No, 0 Absent

VOTE ON MOTION TO POSTPONE AS AMENDED:

Yes: Chay, Fischer, Glick, Long, Superman

No: Martin, Merkes, Moss, Sprague

Absent: None

MOTION TO POSTPONE AS AMENDED PASSED: 5 Yes, 4 No, 0 Absent

(9:51:09)

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) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19-30.

Assembly Member Moss said the grant was dedicated for the expansion of the emergency room at the South Peninsula Hospital.

President Superman called for public comment with none being offered.

MOTION TO AMEND: Moss moved to amend Ordinance 2004-19-30 as follows:

Final Whereas to read, "at its regularly scheduled meeting held December 2, 2004, the South Peninsula Hospital Service Area Board recommended enactment;"

MOTION TO AMEND PASSED: unanimous.

MOTION TO ENACT AS AMENDED PASSED: Unanimous.

(9:54:50)

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) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19-31.

Assembly Member Moss said the current unit was a single head camera and the replacement would produce sharper and clearer digital images.

President Superman called for public comment with none being offered.

MOTION TO ENACT PASSED: Unanimous.

(9:57:45)

Ordinance 2004-19-32: Appropriating Funds for a Full-Time Public Safety Dispatcher Position for the Soldotna Communications Center (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19-32.

Assembly Member Moss said this position was jointly funded by the borough and the State Troopers. The additional position would allow the Soldotna dispatch center to meet national standards.

President Superman called for public comment.

The following person spoke in opposition to Ordinance 2004-19-32:

Fred Sturman, PO Box 513, Soldotna, AK

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

Mayor Bagley said due to the increased call volume, an additional position was warranted at the dispatch center.

MOTION TO ENACT PASSED: Unanimous.

(10:07:19)

Ordinance 2004-38: Codifying the Adoption of the All-Hazard Mitigation Plan (Superman at the request of the Clerk) (Referred to Policies and Procedures Committee)

MOTION: Chay moved to enact Ordinance 2004-38.

President Superman called for public comment with none being offered.

MOTION TO ENACT PASSED: Unanimous.

(10:08:32)

NEW BUSINESS

Resolution 2005-006: Approving the Construction of Access Through Borough Land to the Cooper Landing Senior Facility as a Road Construction Project Pursuant to KPB 16.41.190 (Mayor) (Referred to Lands Committee)

MOTION: Merkes moved to adopt Resolution 2005-006.

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

MOTION TO POSTPONE: Merkes moved to postpone Resolution 2005-006 until March 1, 2005.

MOTION TO POSTPONE PASSED: Unanimous.

(10:12:22)

Approving the Application for New Liquor License filed by Kenai River Raven Lodge in Soldotna, Alaska (Referred to Finance Committee)

Assembly Member Moss said a church was located within the 500 foot radius of the establishment. KPB 7.10.020 mandated that the borough protest the issuance of the license unless the church consented to the location.

President Superman called for public comment with none being offered.

Borough Clerk Linda Murphy said the minister from the church came to the clerk's office and indicated that, while he would not object to the license there would be no letter of consent issued by the church.

MOTION: Moss moved to object to the issuance of a liquor license as filed by Kenai River Raven Lodge, as required by KPB 7.10.020.

VOTE ON MOTION TO OBJECT TO LICENSE:

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

No: Superman

Absent: None

MOTION TO ISSUE PROTEST PASSED: 8 Yes, 1 No, 0 Absent

(10:19:00)

Approving the Application for Restaurant Designation filed by Kenai River Raven Lodge in Soldotna, Alaska

MOTION: Moss moved to approve the restaurant designation permit as filed by Kenai River Raven Lodge, Soldotna, Alaska, contingent upon the liquor license being issued by the Alaska Alcoholic Beverage Control Board.

President Superman called for public comment with none being offered.

MOTION TO APPROVE PERMIT PASSED: Unanimous.

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (10:22:15)

Fred Sturman, PO Box 513, Soldotna, AK, commented on parliamentary procedures, tax exemptions, school district funding, and the number of borough employees

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS (10:26:45)

The next meeting of the Kenai Peninsula Borough Assembly was scheduled for January 18, 2005, at 7:00 p.m. in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska.

ASSEMBLY COMMENTS (10:27:00)

Assembly Member Martin was pleased to hear from Captain Bowman regarding the new Emergency Response Center. Ms. Martin was scheduled to attend a School Budget Review Committee meeting on January 5.

Assembly Members Sprague, Chay and Merkes appreciated the budget information supplied by the Finance Department.

Assembly Member Long thanked President Superman for requesting the pre-budget presentation. Mr. Long asked for additional information on the Emergency Response Center. Mr. Long thanked those assembly members who held community meetings for the 2005 Priority Projects. Mr. Long said Borough Clerk Linda Murphy had submitted her notice to retire, effective May 1, 2005.

Assembly Member Glick suggested a letter be sent to the family of Dan Foley, Pacific Star Seafoods, offering condolences on his recent passing.

Assembly President Superman commented on the Soldotna Chamber of Commerce meeting with Agrium offering an overview on the closure announcement. President Superman said it appeared to be strictly a business decision with Agrium's shareholders' best interests upheld. Mr. Superman was optimistic that something would happen in the Cook Inlet basin and the industrial area of Nikiski would remain viable. President Superman noted the Comprehensive Annual Financial Report (CAFR) for the reporting period ending June 30, 2004, was distributed to the assembly members. Mr. Superman requested the Finance Department offer a brief synopsis of the report at the next assembly meeting.

ADJOURNMENT (10:42:42)

With no further business to come before the assembly, President Superman adjourned the meeting at 10:42 p.m.

I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of January 4, 2005.

Approved by Assembly: