Kenai Peninsula Borough

Assembly Meeting Minutes

February 15, 2005 - 7:00 p.m. Regular Meeting - Soldotna, Alaska

CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on February 15, 2005, in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska. Vice President Long 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 Cameron Dockery, Birch Ridge Community Church, Soldotna.

There were present:

Ron Long, Presiding

Dan Chay

Paul Fischer

Milli Martin

Grace Merkes

Chris Moss

Pete Sprague

comprising a quorum of the assembly.

Absent:

Betty Glick (excused)

Gary Superman (excused)

Also in attendance were:

Dale Bagley, Borough Mayor

Colette Thompson, Borough Attorney

Linda Murphy, Borough Clerk

Sherry Biggs, Deputy Borough Clerk

COMMITTEE REPORTS (7:02:44)

Assembly Member Long reported the Legislative Committee met and finalized the 2005 Federal Priorities Book and the 2005 Federal Transportation Priorities Book. The Committee then addressed its agenda items.

(7:10:04)

MOTION: Moss moved to authorize the assembly president or his designee to support legislation to restructure the revenue sharing in the fisheries business tax similar to House Bill 25.

MOTION PASSED: Unanimous.

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

(7:18:20)

MOTION: Moss moved to transfer $18,000 from the Assembly Contingency Account No. 100.11110.00000.49999 and the amount of $11,446 from the Assembly Travel In State Account No. 100.11110.00000.43216 to the Assembly Health Insurance Account No. 100.11110.00000.40321 to cover the cost of incurred health insurance expenses above the budgeted amount.

MOTION PASSED: Unanimous.

Assembly Member Merkes stated the Lands Committee met and addressed its agenda items.

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

Vice President Long said the Assembly heard a presentation from the Community and Economic Development Division and received an update on the Kenai Wild program.

APPROVAL OF AGENDA AND CONSENT AGENDA (7:23:11)

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

Vice President Long 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 item was added to the consent 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: The Planning Commission unanimously approved the referenced vacation subject to staff's recommendations during its regularly scheduled January 24, 2005 meeting. Staff recommendations are included in the minutes.]

[Clerk's Note: The Planning Commission unanimously approved the referenced vacation subject to staff's recommendations during its regularly scheduled January 24, 2005 meeting. Staff recommendations are included in the minutes.]

Vice President Long 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 (7:31:41)

Bill Warren, PO Box 906, Kenai, AK, expressed his concern with the price differential in gasoline costs along the railbelt and requested Mayor Bagley to have his Oil & Gas Liaison produce a report on the situation.

Fred Sturman, PO Box 513, Soldotna, AK, discussed the PERS/TERS liability amounts.

REPORTS OF COMMISSIONS AND COUNCILS - None.

MAYOR'S REPORT (7:39:20)

Agreements and Contracts

Spruce Bark Beetle Mitigation Program:

Other

Kenai Peninsula Small Business Development Center First Quarter Report--October 1, 2004 through December 31, 2004

Budget Revision - January 2005

Revenue Expenditure Report - January 2005

Assembly Member Sprague had asked Mr. Oberts at the last assembly meeting for information on equipment at the Central Peninsula Landfill. Mayor Bagley said the information would be supplied at a later date. Borough Attorney Colette Thompson stated Cathy Mayer, Solid Waste Director, was scheduled to make a presentation to the assembly at the next meeting.

Mr. Sprague also asked about the recent resignation of Loren Smith as the general manager for the 2006 Arctic Winter Games. Mayor Bagley said the situation was under control and a new manager would be hired.

Assembly Member Fischer asked about the back taxes due the borough from the North Pacific Volcano Learning Center. If the taxes were not paid, Mayor Bagley said the borough would foreclose on the deed of trust.

PUBLIC HEARINGS ON ORDINANCES (7:43:15)

Ordinance 2004-19-34: Accepting $909,700 from the State of Alaska for Keystone Drive Road Improvement and Appropriating the Grant to a Road Service Area Capital Project Account (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19-34.

Assembly Member Moss stated this was the first portion of dedicated funding for improvements to Keystone Drive. The required matching funds were provided by the KPB Road Service Area. The initial funding would address design, scoping and environmental studies that may be required for the completion of the project.

Vice President Long called for public comment.

The following person spoke in favor of Ordinance 2004-19-34:

Jane Madison, 34435 Keystone Drive, Soldotna, AK

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

MOTION TO AMEND: Moss moved to amend Ordinance 2004-19-34 as follows:

Section 2 to read, "...appropriated to account 434.33950.KEYST [STIP4] 43011."

MOTION TO AMEND PASSED: Without objection.

VOTE ON MOTION TO ENACT AS AMENDED:

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

No: None

Absent: Glick, Superman

MOTION TO ENACT AS AMENDED PASSED: 7 Yes, 0 No, 2 Absent

(7:55:01)

Ordinance 2005-03: Amending KPB 5.12.050(B) to Require a Filing Fee for Appeals to the Board of Equalization (Mayor) (Referred to Policies and Procedures Committee)

MOTION: Chay moved to enact Ordinance 2005-03.

Assembly Member Chay said this fee structure would reduce frivolous appeals. If an appeal was successful, the fee would be returned to the tax payer. The Municipality of Anchorage and the City of Ketchikan had similar successful programs in place.

Vice President Long called for public comment.

The following person spoke in opposition to Ordinance 2005-03:

Fred Sturman, PO Box 513, Soldotna, AK

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

MOTION TO AMEND: Chay moved to amend Ordinance 2005-03 as follows:

Section 1 to read, "...the taxpayer was unable to comply. No appeal application may be accepted unless a filing fee of $30[.00] for a property whose assessed value is less than $100,000[.00], $100 for property whose total assessed value is at least $100,000[.00] but less than $500,000[.00], $200 for property whose total assessed value is at least $500,000[.00] and less than $2,000,000[.00], and $1,000[.00] for property whose total value is $2,000,000[.00] or greater, is received by the clerk [ASSESSOR] at the time of filing..."

MOTION TO AMEND PASSED: Without objection.

MOTION TO AMEND: Merkes moved to amend Ordinance 2005-03 as follows:

Section 1 to read, "...a filing fee of $30 for a property whose assessed value is less than $500,000 [100,000, $100 FOR PROPERTY WHOSE TOTAL ASSESSED VALUE IS AT LEAST $100,000 BUT LESS THAN $500,000], and $200 for property whose total assessed value is [AT LEAST] $500,000 or more [AND LESS THAN $2,000,000, AND $1,000 FOR PROPERTY WHOSE TOTAL VALUE IS $2,000,000 OR GREATER],..."

Assembly Member Sprague spoke in opposition to the amendment.

Assembly Member Chay discussed the estimated cost of $1,000 for each appeal filed. Those costs include printing, outside counsel, staff time, and board of equalization payments to assembly members.

VOTE ON MOTION TO AMEND:

Yes: Fischer, Merkes

No: Chay, Martin, Moss, Sprague, Long

Absent: Glick, Superman

MOTION TO AMEND FAILED: 2 Yes, 5 No, 2 Absent

VOTE ON MOTION TO ENACT AS AMENDED:

Yes: Chay, Martin, Moss, Sprague, Long

No: Fischer, Merkes

Absent: Glick, Superman

MOTION TO ENACT AS AMENDED PASSED: 5 Yes, 2 No, 2 Absent

(8:08:11)

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) (Referred to Lands Committee)

[Clerk's Note: There was a motion to enact on the floor from the February 1, 2005 meeting.]

Assembly Member Merkes said an amendment was forthcoming.

Vice President Long called for public comment with none being offered.

MOTION TO AMEND: Merkes moved to amend Ordinance 2005-02 as follows:

Third Whereas to read, "the City of Soldotna passed Resolution 2002-28 on June 12, 2002, and Ordinance 2005-04 on February 9, 2005, incorporating the City of Soldotna Action Plan..."

Section 1 to read, "...within the boundaries of the City of Soldotna. The goals of the City of Soldotna Action Plan, adopted by Soldotna City Council Resolution 2002-28 on June 12, 2002, and Ordinance 2005-04 on February 9, 2005, are [IS] incorporated as an element of the City of Soldotna 1995 Comprehensive Plan."

MOTION TO AMEND PASSED: Without objection.

VOTE ON MOTION TO ENACT AS AMENDED:

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

No: None

Absent: Glick, Superman

MOTION TO ENACT AS AMENDED PASSED: 7 Yes, 0 No, 2 Absent

(8:11:48)

NEW BUSINESS

Resolution 2005-015: Urging the Alaska Board of Game to Oppose Proposals 129 and 137 to Open Bear Hunting in the Kamishak Special Use Area and Support Proposals 29 or 30 to Protect McNeil River and Katmai Coast Bears (Martin) (Referred to Legislative Committee)

MOTION: Martin moved to adopt Resolution 2005-015.

Assembly Member Martin explained the proposals under consideration by the Alaska Board of Game.

Vice President Long called for public comment with none being offered.

MOTION TO AMEND: Moss moved to amend Resolution 2005-015 as follows:

Title to read, "A Resolution Urging the Alaska Board of Game to Oppose the Portions of Proposals 129 and 137 to Open Bear Hunting in the Kamishak Special Use Area and Support Proposal[S 29 OR] 30 to Protect McNeil River and Katmai Coast Bears"

Section 1 to read, "That the Kenai Peninsula Borough Assembly urges the Alaska Board of Game to oppose portions of Proposals 129 and 137..."

Section 2 to read, "That the Kenai Peninsula Borough Assembly urges the Alaska Board of Game to support [EITHER PROPOSAL 29 OR] Proposal 30 to provide..."

VOTE ON MOTION TO AMEND:

Yes: Chay, Fisher, Martin, Moss, Sprague, Long

No: Merkes

Absent: Glick, Superman

MOTION TO AMEND PASSED: 6 Yes, 1 No, 2 Absent

MOTION TO AMEND: Martin moved to amend Resolution 2005-015 as follows:

Section 3 to read, "That copies of this resolution shall be provided to Governor Murkowski and all members of the Alaska Board of Game..."

MOTION TO AMEND PASSED: Without objection.

VOTE ON MOTION TO ADOPT AS AMENDED:

Yes: Chay, Martin, Moss, Sprague

No: Fischer, Merkes, Long

Absent: Glick, Superman

MOTION TO ADOPT AS AMENDED FAILED: 4 Yes, 3 No, 2 Absent

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (8:31:04)

James Price, Island Lake Road, Nikiski, AK, inquired about the support for the deep water port listed in the 2005 Federal Transportation Priorities Book.

Vicki Pate, PO Box 7447, Nikiski, AK, was concerned with the West Side Development projects in the 2005 Federal Priorities.

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS (8:37:02)

Board of Adjustment February 16, 2005 10:00 AM

The next meeting of the Kenai Peninsula Borough Assembly was scheduled for March 1, 2005, at 7:00 p.m. in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska.

ASSEMBLY COMMENTS (8:37:14)

Assembly Member Fischer requested an excused absence for the March 1 meeting.

Assembly Member Martin requested a teleconference in Homer on March 1, 2005, for Ordinance 2005-04 and Ordinance 2004-19-38.

Assembly Member Chay said he was to be involved in a public involvement process with the Homer Chamber of Commerce on February 22, 2005, regarding Ordinance 2004-36.

Vice President Long requested a teleconference in Seward on March 1, 2005 for Ordinance 2004-36 and Ordinance 2005-05.

ADJOURNMENT (8:42:38)

With no further business to come before the assembly, Vice President Long adjourned the meeting at 8:42 p.m.

I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of February 15, 2005.



Linda S. Murphy, Borough Clerk

Approved by Assembly: